The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1903-10-10
In And ABOUT THE COURTS
JUDGEPLATTR REDUCES BOND OF
DEFENDANTS IN LOWER COURT.

Prosecution VIII Fight Case to a stand-
stiIl-captsin Johnson's Conssrvator
Case Referred Until Monday-ohnrIss
F. BoIIman Appointed Receiver OF
Hon Brewery Estate.
Before Judge James P. Platt in the
United States court yesterday morning
there was hearing in the matter Of
substituting bond for the attachments
levied in the famous anti-boycott suit
of D. E. Leewe & Co. of Danbury
against. 224 members of the United Hat
ters' union.
After hearing counsel and D. 2.
Loewe and his bookkeeeper, Frederick
Sanford, Judge Plat fixed limitation OF
liabilities at $4,000 and substituted
bond Of $4,000 for all attachments
against members of the union
There were present at the hearing
yesterday morning number Of leading
lawyers Of the state. For D. E. Loewe
| & Co. was Daniel Davenport and Judge
! Banks Of Fairfield, Mr.. Davenport is
| the counsel for the Anti-Boycott assoc
citation Of Chicago and the action IS
| brought by him for Loewe & Co. For
the Hatters there appeared John 4.
Beach of this city, ex-Congressman
Robert f. DeForest of Bridgeport, II.
w. Taylor of Danbury and ex-Speaker
| John III. Light of Norwalk.
The first witness placed on the stand
was D, II LoeWe Of the firm OF Loewe
1 e Co. He stated the amount of dam
/ age he suffered on account of the trou-
Bile at his factory. He estimated his
business for the years prior to the trou-
| BILE at 100000 The year of the strike
he suffered a loss of business of $780,
] 00O In the two months the strike was
on at his shop his loss amounted to $5S,-
900. He testified also to the loss Of GUS
toners, trade and credit. He had fig
ures with him from which he frequent
" quoted These figures We're attacked
/ by counsel for the Hatters.
1 There were frequent tilts between Mr..
4 Davenport and Attorney Beach and Mr..
Davenport referred at one time to the
kindergarten on the other side. The
1 question of the actual damages srs-
4 tanned by Loewe 8 Co. was the main
4 point Of contention The actual dam
ages were to be ascertain SO Judge
Platt could fix the amount Of bond re-
quired. The defendants have certain
4 period in which to secure surety for the
bond and it is likely some large surety
company will be employed to furnish.
II the necessary amount
Il The amount of business transacted by
Loewe & Co. in the year 1901 was S34l,-,
4 9ss, while the year Of the striek it fell
to $229000, gain Of $1,000 was made
4. the next year after the strike was over.
q Mr.. Loewe testified to loss of customers
|. in Chicago, Richmond, Philadelphia,
] and other cities. He also stated under
! what conditions the loss was arrived
\. at SO that the amount could be placed
, in the complaint. Mr. Davenport orig
inally placed the damages claimed at
$50, 900 and as under the law should he
, prove his case could have obtained a
! verdict for three times the alleged dam
, ages which would have been $240,000.
i He stated In court that should he win
J this case he did not think there would
: be any necessity for any more anthology
colt actions.
j. i
) was placed on the stand for the pur-
5 pose Of enlightening the attorneys for
> the Hatters on the question of percent-
? ages After being questioned for con-
) siderable length of time by Attorney
u Beach he stated he would be delighted
: to meet the attorney outside and ex-
4 plain the question of percentages TO
him.
The bookkeeper stated that instead of
profit Of s223,0OO for the year of the
strike as the shop has accomplished in
previous years there was a loss Of $22,-
: 000
Judge Plat finally cut down the orig
! inal figure Of $4,000 as in the complaint
and placed the damages at $4,000,
making the bond three times that
amount In case compliments recover.
Attorney Beach stated that no pro-
vision had been made for securing q
bondsman but that probably a surety
: company would furnish the amount.
The bond is the same as required by
Judge Wheeler in the superior court
; and is subject to the approval of Judge
] | Plat.
: The action yesterday releases all the
attachments upon property and savings
, bank accounts which were made some
time ago by Sheriff Doolan Of Bridge
. port and Deputy United States Marshal
w, L. Parmelee. 1t took the combined
efforts of these two gentlemen. for an
entire week to locate and serve the pa
pers on the 224 defendants named il
= the complaint, which is very voluini-
nous document.
Many workmen have been unable e
secure any money from the banks II
2 which they had deposits and have
f complained of the hardship this en-.
: tailed upon them. 1t was then decided
:, by their counsel that instead of secur'
= ing Individual releases Of the attach
= ments and write, it would be better *
C substitute a bond for the entire mat
ter. 49, " & @&E sa
v Attorneys for the Hatters were de
D lighted with the action of the court ii
. substituting the bond for the attach
}. ments. The case is now more easy t
r handle. Judging from the remarks o
: Attorney Davenport in the court he in
tends to prosecute the case with vigor
I0r