The Boston Globe from Boston, Massachusetts • 16

16 Boston Evening Globe Thursday, January 21, 1971 of suit Charles st. facility target Brinks trial to go on despite illness UH" 1 I lk WW Inmates claim jail abuses sel for Novello, brought a motion seeking to block continuance of the trial but Judge Roy denied it and then the jury was brought into the courtroom. The commonwealth called to the witness stand during the morning several witnesses who turned shipments of money over to Brink's messenger R. E. Haines.

The trial is continuing. "The house physician who made the examination said this adverse heart involvement would mean the defendant will be confined the hospital for an indefinite period as much as six or seven days for now and this would mean that his presence at this trial would be doubtful." Judge Roy then ordered the case to proceed against the other four defendants. Atty. Usher Moren, Coun Five inmates of the Suffolk County Jail filed a civil suit in Federal Court today against Sheriff Thomas S. Eisenstadt and various city officials, alleging unsanitary conditions in the jail.

The suit is a class action and is filed in behalf of all jail inmates. Attys. Max D. Stern and Richard W. Clarey for the plaintiffs seek re- SHERIFF EISENSTADT named in suit dress for alleged deprivation of rights guaranteed by the Constitution.

Plaintiffs charge the jail is being operated in a cruel, unusual, uncivilized and unlawful manner. The five plaintiffs are Paul McLorin, Stephen Gordon, Julio Gonsalez, Carlos Lopez and Rogelio Santiago. All five are being held in jail awaiting trial for various offenses and are confined because they have been unable to furnish bail. The complaint states that as of 1962, the jail had an official capacity of 157 men and 68 women on a single-cell basis. Since then 40 cells have been eliminated but the plaintiffs aver the jail population now consists of 290 men and 10 women.

Defendants include Edward V. Handwerk, master; John J. Fitzpatrick, commissioner of correction; Joseph V. McBrine, penal institutions commissioner; City Auditor John Fitzpatrick, Mayor Kevin White and members of the Boston City Council. The five inmates seek a declaration from Judge W.

Arthur Garrity Jr. that the defendants are operating an unlawful and unconstitutional facility. They Superior Court Judge James C. Roy has ordered the trial of four men charged with armed robbery of a Brink's truck in 1968 to go forward without a fifth defendant who is confined to the Mass. General Hospital with a heart condition.

From the bench this morning Judge Roy told the four defendants and their counsel that the court is severing the case of the Commonwealth vs. Dia-Ferio from the trial. Santo (Sonny) DiaFerio, 37, of Brook Farm road, West Roxbury collapsed on Monday in the courtroom as the afternoon session was about to open. The trial was going into its second week when DiaFerio collapsed. The five men are charged wtih the $500,000 armed robbery of a Brink's truck on Canal street in December, 1968.

The other four defendants are Rocco Novello, 33, of Moss Hil road, Jamaica Plain; Carmelo Merlino, 44, of Tilden road, Canton and Charles A. Domenico, 38 of Putnam avenue, Braintree, all charged with armed robbery, and William J. Cresta, 33, of Headland way, Medford, charged with being an accessory before the fact. The first week of the trial was taken up with the selection of the jury of 12 men and four women. The next two days were taken up with Commonwealth seeking to prove there was cash and checks in the armored truck.

Prosecutor James F. Sullivan was putting a series of police photographers on the stand, to get into evidence photographs of the truck after the robbery when DiaFerio collapsed. Judge Roy recessed until this morning. In a statement from the bench this morning Judge Roy expalined he had been in constant touch with MGH cardiologist Dr. Peter Block and for the first two days all tests made on Dia Ferio showed normal heart action.

But tests made last night, after DiaFerio again complained of chest pains and shortness of breath, showed heart involvement and signs that could lead to heart damage. Wanted: 200 Asthma sufferers. A leading research organization is looking for 200 men and women who suffer from bronchial asthma and use one of the following aerosol medications: AsthmaNefrin Mist, Bronkaid Mist or Primatene Mist. If you qualify, please fill out and mall the coupon below. A researcher will call to ask for a few minutes of your time in conducting an Investigation regarding claims, performance and packaging of asthma remedies.

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10022 asked the court to order the defendants to submit a plan for maintenance of an adequate facility which would provide for the transfer of some prisoners, especially women, to other institutions better suited for confinement. The jail has been in operation since 1848. According to the complaint, conditions at the jail are shocking, oppressive, unsanitary, unhealthy and degrading. The complaint claims the jail is overcrowded and that inmates are confined to vermin-infested cells except for mealtimes and lockout periods. The plaintiffs aver that no psychiatric care is provided, no physical examinations are given and that the food is monotonous and unseasoned.

Man dies in Stoneham fire; two hurt in Tufts blaze Mil toil man held in shooting in Mattapan A 25-year-old Milton man was held without bail today in Dorchester District Court in connection with the fatal shooting late yeserday of a Mattapan man in a doughnut shop parking lot. Alan Weiner, 25, of Craig was arraigned on a murder charge, under tight security, before Judge Jerome P. Troy, in the shooting of Thomas Connors, 25, of Oakwood Mattapan. Police said se NAME- STREET- firefighters managed to keep flames from spreading beyond a second floor room in West Hall, the third oldest building on the Medford campus. Damage was estimated at $6000.

The two students, Harry Koopman and Robert Spielvogel, were treated at Tufts University dispensary and later released. Fire authorities said the blaze started when a candle was upset into -ZIP- CITY- -STATE. A 6 3 -year-old Stoneham man perished early today as flames swept his apartment at 167 Hancock st. In another early-morning fire at Tufts College in Med-ford two students were injured. Charles Marr, occupant of the second floor of the three-story dwelling, was pronounced dead on arrival at New England Memorial Hospital.

The blaze was discovered Which brand of aerosol do you presently use? (Check more than one If appropriate.) AsthmaNefrin Mist Bronkaid Mist Mist Miumwmm vBMM MaM i TBnBi ITW HaVeVe FURNITURE ETCETERA A curity was tightened at the courthouse during the ar-raignment because of threats against Weiner's life the aftermath of the shooting. Weiner, police said, told them he was showing his .38 caliber revolver to Connors in the parking lot of the Blue Hill av. doughnut shop when it accidentally discharged. Bubble-top urged at pool A proposal to install an air-supported nylon bubble top over the city's Gath swimming pool in Newton won strong sup IS HAVING A at 6:22 and a second alarm ordered a minute later. The other occupants of the dwelling, Mrs.

Olga Kolesar, 50, and her son, Harry, 23, and Mary Tedesco, 80, fled the building safely. Two Tufts College students were injured and 58 others fled safely shortly after 1 a.m. when a fire broke out in a dormitory room. Medford and Somerville SHOP BY MAIL BENEFIT FROM ALEXANDER'S OF NEW YORK'S INCREDIBLE PRICING! (AND NEXT TIME YOU'RE IN TOWN, DROP IN.) port from a special citizen's meeting last night. The top would enable residents to swim year-round.

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