The daily morning journal and courier., 1903-03-28

Suit.
 ''These look to me like charges. some what serious They ought not to have
 been brought unless you had proof. '" This statement was made by Judge
 Robinson in the superior court yester-
 day morning to Attorney Tyner, who was arguing on motion to have the verdict of the jury in the case of Charles H. Crofut vs. the town of North Haven set aside. Attorney Tyner rep
 resented the plaintiff who sued for $1,5OO
 damages for a grade change by the
 town. The jury rendered the verdict
 March IS for the defendant, who was
 represented by Attorneys Newton,
 Church & Hewitt.
 Attorney Tyner, in support of his
 claims for the setting aside of the yer
 dict set up that Richard H. Woodruff
 of Guilford, juror in the case, was
 prejudiced and had no right to serve.
 Juror Woodruff was put on the stand.
 He stated he was not prejudiced and
 did not know what the Crofut case was
 until the trial began.
 Judge Robinson, after Tyner had pre-
 scented his case, said that he did not
 care to hear Attorney Newton unless he
 wanted to speak in behalf of MT. Wood
 ruff. MT. Newton said that MT. Wood
 ruff was a well known man and 'the
 charges never ought to have been made.''
 Judge Robinson in denying the motion for new trial delivered the following finding, which is given in full Chas w. Crofut New Haven County, vs. Superior Court
 Town of North Haven. March P, 1903. Memorandum of decision on motion to set aside verdict.
 This motion should not be allowed. The verdict was not against evidence and so far as any disqualification of Juror Woodruff was concerned I do not find that it existed. find that Mir. Woodruff was formerly erst selectman of the town of GuilfOrd and while he was such selectman the town of Guilford, sometime in the past, had law suit based upon q claim for damages for a change of grade of the highway, and in that suit Mr. Patton, now first selectman Of the town of North Haven was called as wit ness for the town of Guilf0rd, and that Newton, Church and Hewitt were counsel for the town of Guilford and were also coun- Sel for the defendant in the case at bar. These are all the allegations that l find proven.
 l do not find it proven that Mir. Woodruff was biased In his opinions in regard to this action prior to his being sworn in as q juror. Neither was it proven that Juror Woodruff knew of the matters and allega tions set up in this action or had formed an opinion thereon prior to the commence ment of the trial. On the contrary, find that MT. Woodruff had no knowledge or information what this suit was about until
 the pleadlngs in it were read in the pres ence of the jury of which we has member It was proven that Mir. Patton testified in the presence of MT. Woodruff in the Gull ford case that he (Patton) expected to use Mir Woodruff as witness if an action were
 brought against the town of North Haven
 because of damage for this change of grade There Is no evidence that Mir. Woodruff ever expected to be called as q witness in the
 case and no evidence that he knew anything about this case at the time he was sworn in as juror.
 Charges and allegations against juror of the character of those in this motion should
 not be lightly made, and in view of the facts that developed on the trial of this motion l regre exceedingly that these were made | The motion is denied.
 Robinson. Judge