The daily morning journal and courier., 1907-05-09
COURT DECISIONS
 CIVIL AND CRIMINAL Cases Before the Supreme Court of Errors at
 Hartford.
JUDGE SCORES LAWYER
Miss Chiver's Suit Settled Verdict for Being Shot
 City Court Cases.

At yesterdays session of the supreme court of errors arguments were heard in the four cases of Walter G. Cowles ct al. against the New Haven road. The case of Walter G. Cowles came up on the plaintiffs appeal and the other three on the defendants appeal from the superior court of Hartford county. The suits are the result of an automo- bile accident at Taylor's crossing in the town of Portland on the evening of De- tober ', 1905, which resulted in the death of Mrs. Nellie Cowles and Rich ard G. Cowles and in which Walter G.. Cowles and Lyde ID. Keagy were badly injured. In the lower court Walter G. Cowles claimed $1O,O00 damages and was awarded $50 His appeal is based on the claim that the court erred in holding that the plaintiff was guilty of contributory negligence. In the other three cases, damages of S, ,O00 and s, 900 and $2900 respectively were awarded. The railroads appeal Is on the ground that the court erred in overriding the defendants claim that the presence of trees and shrubs was not proximate cause of the acident, that the defend ant could not be held responsible for the presence of trees and shrubs within the lines of the highway.
 Judge Wolfe in giving an opinion on case yesterday scored severely At torney Charles Holt Fowler for his conduct in the case of Joseph Dicker- man against Rollin c. Newton. Mir. Fowler was counsel for the plaintiff and the attorneys for the defense were Newton, Church and Hewitt.
 The plaintiff got a verdict from the jury last week to recover $100. It was suit for islander and the allegation was that Newton stated that the plain tiff paid out money to get into the leg islature back several years ago when plaintiff was resident of Madison, The plaintiff and defendant now reside in Woodbridge and are well known and prominent citizens of that town.
 After the verdict was given counsel for the defendant moved to have the verdict of the jury. set aside on tho ground that it was against the evi- denoe, and Judge Wolfe grants this motion. The court in his mem- orandum of decision chastises Attorney Fowler in sharp manner and the fol- lowing words of Judge Wolfe shows the feelings of the court:
 fThe court recognizes that 'counsei should be allowed a generous latitude inl argument, as the limits of legitimate and fair counsel cannot be determined precisely by rule and line and some thing must be allowed for the zeal of counsel in the heat of argument, and \ will always feel reluctant to deprive an sattorney or his client where the con duct of the attorney in the course ot the trial is the cause assigned for set ting aside the verdict of the jury of the fruits of his yictory&But where the abuse of the attorneys privileges is as fragrant as, in the judgment of the court, 1t was in this case, and where il appears from review of all the evi- Sience that 1t may have affected the re- suit, the duty of the court in the prem jises becomes clear. Counsel should re- member that conduct of this character is not fidelity to the court and that it exposes the client he represents tc u lOSS Ol lll0 N6IulCI u WHICH 1lS Illklll otherwise be entitled.
 That portion of the motion of the defendant asking that the verdict oi the jury be set aside, assigning fol cause the misconduct of the plaintiff's attorney in his argument to the jury is granted, and said verdict is set aside"
 VERDICT FOR BEING SHOT.
 Antonio Straguzzi, who sued Antonio Grillo for s1,0OO, alleging that the de. fendant was responsible for his being shot In 8 saloon row several months ago, was awarded verdict of S19t by the jury in the court of common pleas yesterday morning. Attorney Rivkin brought the suit.
 CHIVERS SUIT SETTLED.
 The action of Miss lone Chivers oi Guilford against John T. Sliney ol Branford for $10,000 damages was yes. terday withdrawn from the superior court, settlement having been effect, cd
 Miss Chivers Is a nurse, and while driving to Guilford on November 2t last the wheel of her carriage struck Q boulder in the roadway in Branford and she was thrown out and badly hurt The defendant was the contract. or who built the road.
 Miss Chivers first sued the town ol Branford, but lost.
 WATERBURY, ATTORNEY F tlE.
 The report that John O'Neill, the vel known attorney of Waterbury, haC bought a house in Howard avenue ant was to reside in this city, is half true according to information obtained yes terday He has purchased a house bu it is said he is not going to live in 1t He has purchased from Mrs. Clara Welton, the old William Button home. stead in Howard avenue. Mrs Weltor was a client of Mir O'Neill's in tht well remembered Button will case. She in the settlement, accepted the home stad as her share. She was housekeep CT for MT. Button for several years.
 The homestead was appraised at $14, 0oO and 1t is understood that MT O'Neill gave her 5000 for the property receiving the rest as his fee.
 CITY COURT CASES.
 Marturo Rubino, of ST Hamilton street, Joseph Rubino of 157 Wallace street, and John Vestolo of S1 Fillmore street, were all before Judge Tyner ir the city court yesterday morning. Ru. bino was fined $10 and costs on g