Norwich bulletin. [volume] (Norwich, Conn.) 1895-2011, 1909-05-07

At $50 Thursday morning the ses-
sion of the superior court for Wash
| tngton county was recJnvened in
| Westerly with Judge Darius n. Baker
presiding. Albert Fuller" who was
convicted at the session in Kingston
| last week of the theft of a horse and
carriage from Joseph T. Murphy of
| Westerly, was called for sentence, the
seven days limitation given to offer
| opportunity to appeal having expired.
| Judge Baker, in consideration of the
fact that Fuller" had been sick since
bis incarceration in the Washington
county Jail, imposed the minimum pen
atty, which was a fine of 500 and a
| term of one year in the Providence
county Jail. In conformity to law
Clerk Hasweu respected the sentence
In detail to the prisoner. He explained
that of the fine of 800, half the
amount was to go to complainant and
the other half to the state, and that
in addition Fuller would be required
to pay all costs III the case. Fuller
is the man who had stolen at least
seventy-four horses during the past
three years.
After the sentence of Fuller, c. NJ.
Van Slyck, attorney for the insur-
ance companies in the case brought
by Gordon and Dunbar to recover
ST. 900 for loss by reason Of fire at
Westerly, May p, 1907, continued his
statement. setting forth that the terms
of the policies had not been strictly
complied with, in regard to the claim
for losses. There was strict inStruc-
ton given the plaintiffs that they must
furnish the statement of a magistrate
or disinterested notary public to the
effect that upon personal examination
satisfaction is given that the plaintiffs
are honestly entitled to recompense for
loss sustained by the fire. The jurors
were excused while Mr.. Van Slyck ad-
dressed the court in the many tecbni-
cal details of a fire insurance policy.
He moved dismissal of the case for
absolute failure to comply with all the
terms of the insurance contract, or
that the court instruct the jury to give
verdict for defendants
Judge John w. Sweeney for plain
tias argued that the cases of the In
demnity and American Central Fire
Insurance companies were tried to-
gether, and that as a matter of fact
only the adjuster of one of the COM
panies had Visited the scene of the fire
and therefore an agreement with both
companies could not be effected.
Every item of loss was given in de-
tail in the proof OF loss filed with the
local agents of the companies and
which were in turn sent to the home
offices.
The arguments occupied an hour and
twenty minutes, when the jurors were
called in, and they were directed to
both cases. Judge Sweeney gave no
tice of exceptions to the decision.
The jury was then empaneled in the
case of Palmenus w. Bennett against
New York, New Haven G. Hartford
Railroad Co., Joseph w. Sweene-- ap-
Fearing for the defendant and Judge
John W. Sweeney for plaintiff. This
is an action brought by Mr.. Bennett
OF Hopkinton, who was injured in
Hartford by his foot being crushed
and necessitated amputatiOn He seeks
to recover damages of $4,000 for in
juries received on October Z, 1907,
when he was a passenger at the State
street station. The train came to
stop, and in attempting to get on
step Of the car was pushed off by
an empIoye Of the company, and the
wheels of the car went over his foot.
He was taken to a hospital and am
putation followed.
Mrs. Mary E. Bennett, wife of the
plaintiff, testified that she remembered
the day Mr.. Bennett went to Hartford
and was injured. Later visited him
in the Hartford hospital When Mr..
came very sore and physician was
called for two or three weeks she
dressed the leg daily.
Mr., Bennett was recalled by coun-
sci for plaintiff, and testified that the
car did not start until both feet were
on the bottom step and he had hold
Of the rail with his left hand, when
the trainlnan swung against him and
knocked him off.
The jury was excused and Attorney
Joseph Sweeney made motion that the
case be dismissed as under the con-
ditions it would be impossible for the
tratnman to knock Bennett from the
car as described, and no claim is made
that he was knocked from the car by
the sudden starting of the train as
is set forth in one count of the allie
cation. The motion was opposed by
Attorney John Sweeney and denied by
Judge Baker.
Albert Baker testified he was agent
at the State street station in Hartford
Saw Mr.. Bennett run to get aboard
the morning train. Mr.. Bennett caught
the hand rail of the baggage car. ran