Waterbury evening Democrat., 1890-02-06
BRZEZINsKI AWARDED DAMAGES.
End of n Peculiar and Most Bitterly
Contested Iase.

End of n Peculiar and Most Bitterly
Contested case.
When Deputy-Judge Cowell began his
argument for the plaintiff in the BrzeZ-
inski-Tierney case yesterday afternoon
the court room was well filled with
spectators. Attorney Cowell began by
denouncing newspapers singly and in
clusters. He considered the press too
free, and related several cases of alleged
wrong done him. In his peculiarly I'M
graceful manner he charged that news
paper men had less honor and less up
rightness than those of any other pro.
fession. He had bern attacked in print
by his client and SO had most of the
men who testified against BrzezinskIs
character. These men had no right to
club Mr. Brzezinski, however. They
had redress in the law in both civil and
criminal suits. The attack of MIR Tier
ney was premeditated. 1t dazed Mr.
Brzezinski and in the struggle after the
blows he was thrown violently against
the horse cars and the most serious in
Jury was the result, an abscess from the
bruise created. He reviewed the evil
dence tending to show the abscess to be
the result of the injury received at the
assault. A NAH who INDUCES in sud
den passions as does Mr. Tierney must
foot the bills.
Judge Cowells argument consumed
about forty minutes, and when he Lad
finished Attorney ONeill took the foe
for the defendant and for an hour fur
nished food for the jury and fun for the
spectators.
Attorney O'Neill opened with scath-
ing denunciation of Editor Brzezinski
and his paper The Examiner, he said
is publication of scurrilous lies and
| calumnies of the vilest sort against both
rich and poor. It's a wonder Mr. Tier.
ney could stand such an attack at all, as
| Brzezinski made upon him in the Elk
aminer. Brzezinski continued to revlle
Tierney. He probably picked the scan
dial from the sewer. lie did not dare tc
publish Mr. Tierney,s name, yet peddleo
| it on the streets Mr. Tierney tried &c
get legal redress and the public prose
cutor told him Brzezinski was not woltt
prosecuting. He was justified in in
tlicting punishment upon Brzezlnskl
Mr. O'Neill then went OIL to show thai
Brzezinski's sickness was not caused by
the assault of Tierney. In fact tho
written allegation does not claim thai
the injuries were caused by a brulse, bu1
by blows from cane. The defendant
is technically liable in the law but the
conservation should be nominal if the
plaintiff proves what he alleges in the
written allegation. He is not entitled
to one cent therefore of damages except
for in luries, a few scratches he received
by the cane He is entitled to as mucl
remuneration as hummer would who
had received the worst of the fight.
When court re-opened at $3.50 O'CLOCK
this morning Attorney Cole made ;
long -drawn-ou argument for the plain
tiff. He claimed that the articles a
which Tlerney took otfense. were true
| If they were not, under state law
Brzezinski could be sent to Jail for veal
and fined $500 for criminal libel. Or {
civil suit could be brought. If Brzezin
ski could not furnish bonds his body
could be taken and he might be confined
in jail three years. Tierney was likenee
to an Italian bravo" The injuries re
ceived by Brzezinski, Attorney Col'
claimed, were caused by Tierney, ant
heavy damages should be allowed.
Judge Bradstreet' s charge to the jury
occupied about twenty minutes and wa
accepted 10y both sides as fair and i'm
partial. At 1915 the jury retired ant
in just seventy minutes returned yer
dict for the plaintiff to recover 1929 an(
costs