Waterbury evening Democrat., 1907-10-26
DRURY FINED s25
For AssaultiDg Michael Bsyes
 Some Weeks Ago.

The charge against Michael ].
 Drury for assault with intent to
 Kill Michael Hayes of 4SS Baldwin
 street was reduced in the city court
 to-day to common assault This course had been anticipated for some
 time. Drury was defended by At
 torney Cassidy. The story of Hayes
 was that he went to Drury's saloon on East Main, corner of Hayden street on the morning of October 3 a1ter o'clock. He was employed at the East Mountain reservoir and was late in getting up and he thought he would have a glass of l peer and sandwich for breakfast at Drury's. He had some words with Drury about the quality of the beer gwen him and then he said, Drury threw "a "sheif' glass at him which he lodged. Then, as he was rising ne was nailed" on the forehead with a heavy glass and fell to the | floor. Then Drury came from behind the bar and threw another glass at hlm which. he dodged also and fol- lowing this Drury approached and with glass n his hand struck him on the head few times. inflicting wounds. Dr.lry then put him out of the saloon, threw his hat after him ana some women passing put on his hat and he went to Mullins saloon across the way and washed the blood on his face. From there he went to Dr Hayes's office, where his wounds were treated.
 Dr Hayes's statement was to the efrect that he treated the wounds on the head and enc on the right fore arm, but called in Dr Dillon to ex- anime the one over the right eye, which he feared was a fracture of the outer table of the skull. Dr Dil- Ion said it was such a fracture. Then he went with Hayes to the gate of his house and saw him board a pass Ing car for his home. Hayes got home unassisted.
 There was T clash of opinion be- tween Attorney Cassidy and Dr Hayes as to the latter refusing the formers request to have another physician called in the first week Hayes was laid up, but Dr Hayes did call in Dr O'Hara the second week at the request of the patient. In the opinion of Drs Hayes and Dillon. Hayes was absolutely sober when the assault took place.
 The story told by Drury was sub- stantially this: He has been sixteen years in the liquor business, and he never saw Hayes before Hayes had been drinking when he entered the saloon the morning of the assault. lie called for a glass of beer, paid TOT It, drank half of it, and went to the lavatory, cursing Drury and threatening nim.
 Attorney Cassidy asked that Drury be allowed to use the language which he said Hayes had used, hut Judge Peasley ruled it out.
 Alter Hayes had been grumbling and using profane language about the beer, he made for to throw his glass at Drury. Drury got ahead of him. Hayes did not fall, as he had said, but he swore he would have his faction down from the hill and clean out the place. The first glass Drury threw at Hayes knocked the glass of beer out of Hayes's hand. Hayes then walked to the end of the bar to o"-Drury. when Drury met him and they grappled. He struck in self-defense. He denied striking Hayes with glass in his hand.
 John Burke, helper in the sa- loon, testified for Drury.
 In the summing up Attorney Cas- sidy secuted the idea of any doctor allowing a man with a fractured skull to go about as Hayes was per- mitted to go, and there was such a discrepancy in the statements in which Dr Hayes said Hayes called at his office and when Dr Dillon got there, it was quite obvious that there was big mistake.
 Attorney Lynch appeared for Hayes. Judge Peasley imposed a fine of s25 and costs. An appeal un- der bail of si00 was taken.