New Britain Herald Newspaper, June 13, 1929, Page 17

o | | COURT SILENGER ON STORE MUSIC (Continued from First Page) —— Main street and the noise from the loud speaker is a nuisance. It is hardly possible to hold a conversa- tion in the office when the speaker is operating. “It sounds like a hand organ.” he said. “Grinding and grinding all the time.” “It 1 iso't that music hath mo were other stores on where there were musi directed into the street. Officar Malona testified that Ser- geant King ordered him to go into store whenever he heard the noise and be did so. The victrola 1s inside the store snd the loud speaker is above the entrance, the officer said. In reply eonvinced that the offense commit. [ Charms for you. is it™ Judge Saxe 1o Attorney Gaftney. Officer Malona ted was properly within the acope of the statute on breach of the peace. ’ Warns Agaimst Repetition On the other hand. he peinted out, he could wot find (hat the offenders ‘were deliberate about it, and he be- lieved Mr. Brodrib when he testifted that he wesld not have allowed the Jisturbance to continue had he known' 80 many people in the vicin- ity of the store were annoyed by it. In suspending judgment without im- posing any penalty, Judge Saxe said §t must be understood that the dis- turbance must not be created again and it it is, he would impose a heavy fine as provided by the sta- tute. “I do not expect to be obliged to. however,” he said. The trial lasted about two hours. The warrant charged the owners &nd manager with committing w breach of the peace on April 24. May 23, 24, 25, 27, 28 and 29. At- torney, Leo V. Gaffney defended. He said after court that no appeal would be taken. Doctor Tells of Anmoyance Dr. William F. Flanagan testified that his office is at 173 Main street, Girectly across the street from the stors and he has been annoyed by the loud speaker. The same record was played over and over again, he said. Asked to describe the noise he said it was “supposed to be music.” In reply to Attorney Gaffney the witness said he had never made a written complaint to the police about 1t. “Dr. Flanagan, you are here this morning simply becausc Sergeant McAvay asked you to be, are you not?” Attorney Gaftney asked. “No. One day 1 asked Sergeant McAvay when he was going to stop that damned nuisance.” he answer- Asked if he ever was annoyed by music in front of the Strand theater, the witness replicd negatively. Too Loud to Be Musical Noah Lucas, treasurer of the Sav- ings Bank of New Britain testified that the noise’ was loud and annoy- ing to the employes of the bank. He said it was too loud to be musical and in reply to Attorney Gaffney he said none of the bank employes had ever told him they en- joyed it. It did not annoy anyone in the bank while the windows were closed, he said. Edward N. Stanley. president of the Savings Bank of New Britain, testified that the noise was very an- noying. It might not be so if a per- son had nothing to do but sit back and relax but 1f one had anvthing to do it was very harsh and annoy- ing. Dentist Complained in April Dr. Charles W. Lee testified that he has a dental office next to Dr. Flanagan's office and he complained in April by letter to the police that the amplifier was a nuisance. He #aid the billboard on the roof acted as a sounding board and threw the noise across the street. It annoyed him and made him so nervous he could hardly do his work. Finally he found himself waiting for the noise to start and invariably it came. In reply to Attorney Gaffney. Dr. Lee said he was not bothered by noise from the Strand theater vie- trola. “Are you irritable, doctor?” Attorney Gaffney asked. “No. I don’t think so. My wife and T have lived together for 30 years now.” he answered. Carison Made Complaint Adolph Carlson testified that he never wrote to the police about the noise but he met Chief Hart one day and asked him to do something about it. He has an office nearby and his clerks were unable to concen- trate on their work because of the noise. The same tune is played over anu over from early morning until night. Alderman J. Gustave Johnson tes- tified that he has an office at 131 Are Jfou eady When your Children Cry for It Baby has iwae Upowos ot times. All your care cannot prevent them. But you can be prepared. Then you can do what any experienced nurse would do—what most phy ans ' would tell you to do—give a few drops of plain Castoria. No soonor done than Baby is soothed: relief is just a matter of moments. Yet you have ecased your child without use of a single doubtful drug: Castoria ix vegetable. S0 it's safe to use is often as an infant has any little pain you cannot pat away. And it's always ready for the crueler pangs ©of celic, or constipation, or diar- rhea; effective, too, for older chil- dren. .Twenty-five million bottics ‘were bought last year | asked the alderman. “N he replied. He said he had complained to the police a number of times. Louis Davis of the Davis Co. testi- fied that he and his clerks were greafly annoyed in the store which is directly opposite the Blair & Brodrib store. It seemed that the first duty of the person opening the store was to turn on the victrola, he said. When traffic stopped for the sig- inal lights the noise from the loud speaker was very annoying, he said. Not Loud, But Screechy David Cameron manager of the Outlet Millinery at 17 Main street testified that he has been in New Britain about three weeks and the loud speaker has been very annoy- ing. It was not so loud, he said, but very screechy. The first time he heard a record it did not annoy him but after listen- ing to it all day long he disliked it. A. M. Jacobson of the John Irving Shoe Co. testified that he has been in this city since April. The noise of | the speaker was annoying. he said, | and rmade it difficult to concentrate | on the trade. | Sergeant Tests Ears 1 Bergeant McAvay testified that he made an investigation into com- plaints to the chief of police and | prosecuting attorney and on May 28 | and 29 he stood around and listened to the loud speaker. It could be heard as far north as Church street and on Saturday nights it was oper- ated until 9:30 o'clock. *_He spoke to Mr. Noel. the man- ager of the store, after the warrant was issued and he told him he was only the manager and Blair & Brod- rib owned the store. Noel said he did not know why the police department singled out this store and he wanted the warrant left on the premises but the sergeant told him it was the property of the state of Connecticut and he would not leave it. | Cross examined by Attorney Gaff- | ney, Sergeant McAvay admitted that | he went to various places in the vicinity of the store and sounded the sentiment of the owners and em- ployes with regard to the alleged | nuisance. Actual complaints were re- | ceived from Dr. Flanagan, Dr. Lee | and Adolph Carlson, the sergeant said. and he understood from Ser- geant Fecney that the Savings Bank | of New Britain had made a com- plaint. | The sergeant admitted that he | procured the warrant for the arrests on the strength of what he was told | by various persons in the neighbor- hood and he had not told them they would be summoned to court. Asked if Helen Phillips owner of a store across from the Blair & Brodrib store, had com.- plaiend, the sergeant replied that he had made three calls at her store | but did not see her. “Cooperate Hell” Detective Secgeant G. C. Ellinger testified that be went to the store | on April 24 after Officer Walter Malona brought in a complaint | about 2:30 p. m. and Mr. Noel said he had orders trom the owners of the store to plav the loud speaker He said h2 had told Mr. Brodrib he wanted to cooperate with the local police and Mr. Brodrib had exclaim ed: “Cooperate hell.” The sergeant told Mr. Noel that he would not be warned apain ahout admitted having said he liked music bLut in his opinion it was too loud. After Aprl 24 it seemed to be loud- er and the store owners or manager seemed to grow bolder about it, he said. Called “Damn Hurdy Gurdy” Sergeant Feeney testified that he wag in the Savings Bank of New Britain a number of times and Hanford L. Curtis asked him when the police were going to “stop that damn hurdy gurdy next door,” and Mr. Stanley also complained about it. ~Sergeant Feeney said he per- sonally liked the music. Traf§ic Sergeant J. J. King Lesti- fled that he could hear loud music from the store when he was in the traffic tower and Mr. Noel promiséd bhim to cooperate with the police so | as to eliminate any disturbance. This was after Dr. Lee had com- plained to the police about it. Sounded Like Buzz Saw Officer George Collins teatitizd that there was so much power be- hind the loud speaker it soundel like a buzz saw when a person was close to it but further away it was possible to hear the melody. Askad by Attorney Gaffney if it annoyad him, the officer said he did not like it, Sergeant M. J. Flynn, Officers David Doty and Joseph F. Kennedy testified that the music from the speaker was very loud. Ordered to “Shut It Off” Mr. Noel testified that he was angered by Officer Malona, who stood in the doorway one day andi | shouted “shut that thing oft.” This was after he kad taken up the mat- ter with Chief Hart. The chief had asked him to modify the noise and play records only between 12 to 1. 5 to 6. and | after school hours, “and let every- body live.” Dr. Lee had complain4 but after a discussion he had ad- mitted that possibly he was nervous and irritable because of advancing years. He agreed to.let Mr. Noel know if the speaker annoyed hir again hut he never communicated with him after that Mr. Noel said the loud speaker arrangement was part of the trade and helped increase the sales. Tie said he had often been reauested by customers to play records on it Relative to Sergeant McAvay's in- vestigation. Noel said he di1 not Out Goes All Rheumatic Poison Torturing Pa?; and Swollen Joints Quickly Vanish. 1¢ you suffer from agonizing rheuma- tic pains, swollen, inflamed joints and suffer intensely, it's lecause your sys tem is full of the dangerous poisons that make thousands helpless and Kille liundreds years before theit If you want quick, safe relief teaspoonful of Rheuma night ing. m the first day you that when Rheuma goes in rhewma Koes out Rlieunia forves the duugerous that's the <ecret of its yucvess. Just step ask for a hottle of RHEUMA, for they and druggists everywhere sell it with a it. In rely to Attorney Gaffney. the sergeant said he knew merel\ THE TROJAN> ARE positive guarantee of money hack if it does not rid you of all rheumatic misery. A AR AARARRAA AN L A2 COMING—MONDAY BRINGING MORE POWER TO YOUR CAR! Tas ANNOUNCI Oxfords, Till In Attendance FAN ?"C@ff‘?’l’i’?"‘f’?'z G THE OPENING OF The LEONARD OPTICAL Co. Incorporated Carrying a Complete Line of the Latest Frames, lyer Lenses At All Times CONSULTING OPTOMETRIST “QOur Aim—Perfection” R. W. MESSIER Graduate of Rochester Universit; Scheal of Optometry LEONARD BUILDING Suite 201 — Elevator Evenings and Sunda Open Daily 9 A. M. to 6 P. M. 300 MAIN STREET Second Floor Service ys by Appointment. Phone 1431, store and asked for the names of the store owners, and | the next time he came in he had the warrant. “It is a falsehood to 2ay I dragged them in." Noel said. Dicliked Alleged Discrinunation | On cross examination, Noel could | not recall whether he was ordered to install the speaker or not. He could not recall when it was put in He denied having said ‘“cooperate hell,” quoting Brodrib. He told Ser- seant Ellinger he would shut off the speaker if other stores on Main ttreet were also made to shut thuiri‘ or. > Mr. Brodrib teatified that had he | realized there was such opposition to the arrangement he certainly would have discontinued it. He could not say how it happened to be in place or who put it there, but he “imag- ined” a service man who was for- merly employed in the store install- ed it. He did not use the expres- sion ‘cooperate hell.” and he does not use such language, he said. He noticed that the speaker was not. being used once or twice and inquired of Noel about it. Noel | told him the police stopped it. He | told Noel to see Mayor Paonessa| and Chief Hart and find out all| about it, as it looked like discrun-‘ ination. “We are in business to please the public and we tertainly | do not want to make enemies of all | our neighbors,” he szid. Mr. Blair was in court but did not testify. Warrant Read to Noel Sergeant McAvay was recalled to the witness stand and said Mr. Noei told him he could reach Messrs. Blair and Brodrib at the American Distributing Co. on Mgadow street, New Haven. When the warrant| was read to Noel, he asked why the owners were not brought in. At that time, the sergeant asserted. Noel did not know that Blair and Brodrib were named in the warrant. | |He read it to Noel but did not let | him see it. Prosecuting Attorney Woods criti- | cized Noel, who he said, had not| been fair with the court when he claimed not to know who installed the speaker or when it was in-| stalled. There had been a breach | | of the peace committed as charged, | he contended | Attorney Gaffney replied that even |if an offense had been committed by | the manager it could not be imputed | |to the owners, unaer the law. As| |a matter of fact he said, the police | {had solicited complaints against | | Blair, Brodrib and Noel. | 1t looked a8 though the police had | W special interest in obtaining a| conviction against all three, he said. | The action was misnamed, he as- | serted. and is not a breach of the peace but rather should came before the court as a nuisance action if at| all, not in police court but in the| civil court. ‘It is a modern age and Lr. Lee cannot expect the same quiet 1 his office as prevailed 15| years ago. | Aeroplanes drone and motor cars |hum but -those noises do not con- | | stitute breach of the peace, Attorney Gaffney declared. The officials of Landers, Frary & Clark might be] ake one poisons lout of the system in the natural way— o the Fair Liept. Store and | BILTMORE A stylish new tie in either Black or Tan Kidskin and the Main Spring Arch. $9.50 and $10.50 | | ultra-comfort. ‘Oln Srogi. Miss Alice Bratton, Miss 'DIXON FORCED T0 DELAY You can enjoy Main Spring Arch comfort without sacrifice of style. The only them from any other fashionable Walk-Over is their | KNOWLES WALK-OVER SHOP 89 West Main Street arrested because the noise of their hines annoyed passersby, if the principals in the cases in court were found guilty. He asked that they be discharged, and made the point that out of all the testimony presented by the state, it was proven there wereactually one or two complaints d the police had gone out and in- terviewed everyone in the neighbor- hood to try to bolster up the case. As a matter of jact, he said, he would not be surprised to learn that Sergeant McAvay encountered some persons who were not at all annoy- | ed by the music. ENROLL FOR COURSE IN LEADERSHIP TRAINING! Institute to Be Held in Springfield Attracts Local Junior Achieve- ment Workers. The folloving leaders have en- rolled for instruction at the sixth annual national leaders’ training in- | stitute to be held in Springfieid, | Mass.. from Junme 23 to 29 inclus e which is open only to Junior Achievemient leaders, prospective leaders or sponsors of clubs. Miss Olga Baran, Miss Polly Pol- lecila, Miss Pauline Boloski, Miss Gene Souney, Miss A Miss Milicent Preissel, Miss Doris Preissel, Miss Anna Salina, Miss Mary Krawicz, Miss Sophie Krawicz, Edward Krom and Howard C dall. ss H. C. Warner, assistant directer, will be in charge of the| delegation Courses of instruction will be of- fered under the guidance ot nation- ally known experts in elementary clothing, advanced ciothing, home improvement, lampshades, embroid- cry, tied and dyed work, reed. foods, linoleum bleck printing plating, casting and molding, boats. element- ary art metal, advanced art metal, leather work, Venetian iron, toys and placques. ce Souney, FLIGHT 70 BREAK RECORD| New Britain Aviator Postpones At- tempt Because of Change in Fuel Tank. Lieotenant Carl Dixon of this| ity will not attempt to break the! world’s endurance record for &us- | tained flight until next week, ac- cording to a statement made by the | aviator. The flight, which was/ scheduled to start tomorrow. has been postponed several days be-| cause of delay in the construction | of extra fuel tanks. Lieutenant Dixon will fly a Wright Whirlwind powered New | Standard in an effort to break the| solo endurance record of 37 hours. | The plane is being overhauled in | Active feet need considera- tion. Throughout a day of social duties or during busy hours of .shopping the foot muscles tire and sag. It is then that the Main Spring Arch offers its gracious, consoling support. vy thing that distinguishes the . & H. hangars. where Lieu. tenant Dixon is operations man- ager. The flight will Brainard fleld. Good Urges Class to Obey Laws of Nation ‘West Point. N. Secretary told the graduating class of Unjted States Military Academy to- be made from . monoplane fell Five Hurt as Plane I Those hurt, all of whom muSered F Into Hudson | head injuries. were James M. X alls | well, New York; Harold Gibbs, N Poughkeepsie, N. Y. June 13 york; John Hess. New York:; Clf- | (UP) — Five persons were injured | ford McMullen, Mineola, L. 1., and llast night when a Fairchild cabin Arthur Syran, New York. the | == asaw | READ HERALD CLASSIFIED ADK "} e 5 3 100 feet into Hudson rive Y.. June 13 tPL—‘I of War James W. Good the | day that one of their greatest op- | portunities for service will be the voluntary observance of the laws of | the state in which they live and “of the nation whose laws you will take oath to obey.” The regular army officer's life is no longer confined to the perfor- mance of military duties, Secretary Good said. but that the times are making many varied dem:nds upon the officers. The government is using the army officer more and more at home and abroad as its representa. tive and realizes he makes a tact- fub and capable agent. he said TOPSY-TURVY TOWN London. June 13.—Porlock is topsy-turvy land no longer. for the ministry of health has made the two halves of the city a whole. 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