Morning journal and courier., 1891-03-11
THE COURT RECORD.
Superior Court Civil Side Judge
 Thayer.


 Thayer.
 Jacob Broschart's famous case against Henry Futile of Hamden for damages for the death of his fast mare. Belle Putney, came up again yesterday on new trial, which will proba- ply last for several days.
 The suit is based on accident that occurred on the boulevard on July IA, 1ss4 On that day Mir Broschart was driving his fast mare, Belle Putney, on the avenue. In the sleigh with him was Henry Cowell. When near the city end of the boulevard, coming in from Hamden, Mir. Broschart's horse was struck by Mr. Tuttle's horse, which was being driven in the opposite di- rection. The near shaft of the latters sleigh penetrated the abdomen of the mare and made g fearful wound from which the blood flowed free ly. Three days afterward the animal died, and in April Of the same year Mr. Broschart brought suit against Mir. Futile for &, 5o0 damages on inc ground that the latter's horse was vicious and not thoroughly broken, and that MT Futile was negligent in driving it.
 The case has been tried before Judge Andrews and a jury, who found a verdict for the plaintiff to recover $7oO damages
 Mr. Broscharts counsel made motion, based damages, or $2, 100. This motion was denisH al and the plaintiff thereupon appealed the case. The defendant ts also appealed the case on the his rulings M and fii in his charge to the jury.
 drsws disqualified from hearing the argu- ments, as he had tried tho case in the lower court, and Judge Prentice of the superior court was called into the supreme court bench. The other judges were Carpenter, LoOmis Torrance and Fepn On April 15 of the same year the su- preme court rendered a finding that the rulings and charge of Judge Andrews were in error, and ordered trial.
 BroschartS IS attorneys were ex-Judge Lynde liar rison, Edward Zacher and E. P. Arvine, and MT. Tuttles councillors were William c. Case and ex-Judge L. N. Blydenburgh.
 The entire morning was taken m with the testimony and examining of MT. Brosch hart. Sev- several exceptions to Judge Thayer's rulings. The evident intention of these exceptions is for the purpose of again carrying the case to the sl1 fence
 Mir. Broschart, on the witness stand, detailed lows: went out to the Boulevard with my horse Willard, first to trot with one or two RaTns any Meny Gr S I ase e and offered to take him out to the avenue | then had Bessie Putney harnessed up and we moderate rate, say six eight miles an hour. When we were near Argyle street aeTos Mi the Ts he horse lorso somrg one Could 5na hola " it. rnn Called eaa ly. in another moment saw the end of Tuttle's shaft sticking out several inches from my 1nare's knees, but reared up and heard the shaft snap. When the shaft was removed the blood gushed OuC we unnltCned "Bele PutneyH and drew the sleigh back, but the mare stood still where she had been struck. Some of the gentlemen who had gathered about led her to the Boulevard sta ble. At every step the blood flowed freely, mak- ing pools along the road. Three days afterward Belle Putney'' died. She had the best medical care and attendance, and told Dr. Sullivan who attended her, to spare expense in saving her life if it could be done Some time after went with MT Cowell out to Mount Car mel and saw Mir. Tuttle He said that he wished it had been his horse that was killed instead of mine, and that ought to have something for my mare, but he was not prepared to say how much. think he said that he had paid $15 for his horse and that it was unbroken and had given him lots Of trouble. We made arrangements to meet at Dav1d CowelTs restaurant on State street. Sev- eral days after we met there and talked the mat ter over. At the close he said:
 Don't be in hurry; you've got three years in which to sue me. If you sue me it will cost you six times as much as it will cost me- know every juryman in the country, and you can't get any twelve men to convict me. One at least this way than you have and I have never lost a case.''
 When the late Dr. Crane was on the witness stand giving his testimony in the case at the for mer trial he gave some idea of the value of Belle Putney when he informed the jury of the price he had offered for the mare. This price was near ly $2,OO The exact amount will probably be stated at the present trial
 Henry L. Cowell, the next witness, substantial ed the testimony of Mir BrOSchart