Waterbury evening Democrat., 1905-02-09
BuRPEE NOT THERE.
de Rsfassd to Try . Case Dsfoss Judis
 Wheeler.

When the case of Michael O'Keefe against the Scovill Manufacturing Co for $5,0O0 damages wFs called in the superior court to-day by Judge Wheel CT there was no appearance for. the defense. This occasioned but little surprise because of what took place yesterday between Judge Wheeler and Judge Burpee, counsel for the com pany. It is said among the lawyers that Judge Burpee did not want to have the case tried before Judge Wheeler, and that was why he did not i prepare it for trial. In negligence cases, such as the one in question, lawyers have their preference in the matter of judges. Some judges are said to be strongly in favor of corpor- ations and cannot be made to believe that an accident in factory or on railroad or in any other big concern was not the fault of the party injured. Whatever Judge Burpee's reason was for not trying this case, his con duct was plainly displeasing to Judge Wheeler. Attorneys Kennedy and ONeill, counsel for the plaintiff asked for and were allowed a default and the case, then went on in a hearing in damages.
 Okeefe was laborer for the de fendant company and was going home l one evening late from the factory when he stepped into an open trench left unprotected by workmen who were putting up large addition to the factory, on the Dublin street side. He had then been working for the company thirteen years. In the fall | he broke his right leg at the hip and fractured three ribs. He was laid up q long time and had to be given opium and such other drugs to allay the pain he was suffering. He now walks l with the aid of crutches and will nev- CT again he able to walk without them. He was sixty years of age when the accident happened four years ago and was paid $1.5O a day. On that basis and with the natural ex- pectation that he would live fourteen and one-tenth years more. he claims 5000 damages A number of fore men in factories were examined and also Drs Anderson. Goodenough. Gas, tie and Pomeroy.
 Regarding his age the court aues- tioned him closely because he seemed to be in douSt about it. He knew. however, that he was born in 1S4O. that he came to this country in 1855. went to live in Cornwall and was nat uralized in Bridgeport, and cast his first vote for Abraham Lincoln. He was certain that he got only one nat | uralization paper, which woulI show that he came here under IS years of ago. To remove all doubt about the matter the court requested him 10 produce his naturalization paper. i Decision was reserved but the court more than intimated that he will not allow q bill of O'Kecfe's daughter in law for nursing him. Judge Burpee's action was nothing less than a def ance to the court to make him try the ease. It is without parallel in the his tory of the court here and lawyers differ as to whether he can take an appeal to the supreme court.
 On account of the illness of r. H. Humphrey the case of the Cooperative Savings Society of Connecticut ct al rs r. !. Kinosbury ct al have gone over for reassignment. It was to have followed the O'Keefe-Scovill Manufac turing Co case this afternoon. To | morrow morning the suit of James NJ. Holczer vs Patrick Hackett will he taken up.