Waterbury evening Democrat., 1905-02-02
SUPERIOR COURT.
Ths Truth. Cho,zianoR Case Hay
 Prove Sensational.

The case of Fruin against Samuel aud Julius Chotzianoff to recover $3,. 400 on a mechanics lien promises to develop into the most sensational case ever heard in the local superior court The case has been temporarily with drawn from court on account of an all legation of fraud being added. This was. done at the suggestion of Judge Wheeler late yesterday afternoon, and Attorney Root, counsel for the defend- ants. needs time to file the customary answer. Mir Root stated that it might be probable that he will retire from the case, and in that event defendants would have to secure other counsel.
 The sum and substance of the plaint iffs allegation now is that his partner, Abraham Levin. and Philip Ruben of Naugatuck entered into conspiracy to defraud him of one-half the pro ceeds on contract for $3,40O, and that ill fact Levin accepted $1,20O in payment of the work done on that con tract. Philip Ruben is the actual de. fendant, as he is the owner of the building on which the lien was placed. situated at the junction of North Main and Hill streets.
 After the plumbing contract was fin ished there arose a difference between the CbOtzianoffs and Fruin and Levin. and the latter accepted $1,2OO in set clement of their claim for $3,40O. The receipt for the payment was drawn up by Attorney Root in his office. hut the payment of the $1.2O0 was made in the office of Attorney Sweeney in Naugatuck. Ruben, was advised by Attorney Guilfoile, it is claimed. that such transaction as paying $1.20O to settle a claim for $3,400 would look very suspicious and it would be better for him not to try it. Ruben, however did do it. it is claimed and Levin signed the receipt in the name of the partnership of Fruin and Levin and also in his own Individually. It is said that after Levin left Attorney Sweeney's office he handed the S1.2OO to friend named Greenbere in pay ment of some claim, and that Green berg gave the money to his wife and that she returned it to Ruben. There has been no evidence on this point yet. GreenberG is a tenant of Ruben.
 esterday while a witness was testi- fying he made use of the expression. "I swear"
 q know you are sworn." said Judge Wheeler. "but you will have to con. vince the court besides"
 The case before Judge Wheeler in the superior court to-day is that of William Davis against Dwight At wood for $2.GO0 damages for assault and battery Both par~as live in Mid, dlebury and their troubles began over boundary line. On March IS. 1904. the plaintiff was engaged drawing wood to his saw mill. and had been for some period thereto. On the morn. ing of March IS Atwood. who is twice the size of Davis. called him aside and they talked for some time about the boundary line. Then they parted and a minute later Davis found himself in the grip of Atwood. He was knocked down and sat upon. Davis said: "At- Atwood said. ''I'm not" and then he jumped on Davis again. This attack was prefaced by this remark: "D-n you anyway: you Englishmen are no good"
 ., To which Davis replied: ."sWcll, .At- wood, I'm as good as you in principle and in paying my bills"
 After the assault Davis told Atwood that he would not let this assault go bs as he did the milking of his cows.
 The case of John T. Mccarthy vs the Connecticut Railway and Lighting Co for $1.O0O damages for injuries re- ceiyed to his horses, hack and himself, has lost its place on the trial list. At the request of counsel for the company Attorney Bauby, counsel for the plain- tiff. permitted the case to go over.
 Judgment was rendered for the plain- tiff to recover $213, S63 for actual out lay and the balance for pain and suffer- ing.