The Bridgeport evening farmer., 1909-05-04

of on the Ba.ck-Gonora
Frost Says that Casey's
Charge Against Fallon Is
a Question of Law to Be
Threshed Out in the
Courts.
Attorney Frederick B. Fallon, was
hailed before the grievance committee
of the Fairfield County bar this morn
ing in two cases, in both of which the
evidence did not tend to show that he
had been guilty of unprofessional con-
duct. After hearing the charges of
Michael F. Casey General Russell F'rcst
of the committee said it seemed to him
that the case was question of law for
one for the grievance committee.
In the case of Catherine Beneditto,
who charged the lawyer of holding out
$40 in cash in the settlement of a claim,
the evidence of the principal witness
was exploded The witness was little
Rosie Beneditto who claimed that Mr..
Fallon had paid her $50 for her mamma
two ten dollar bills and two five dol
lar bills. She swore under oath that
her story over and over again so vivid
ly that the people in the judges room
at the court house could actually see
the child folding UP the money and
running home with it tightly gripped
in her hand for fear she might lose it.
She was such a bright child and told
such a straight forward story that she
won the admiration of everyone. Then
when she had finished the accused
young lawyer took a paper from his
a ok
B. Fallon to Mrs. Beneditto for $50. On
the back Of the check was the en-
dorsement of Mrs. Beneditto. Then
there was the endorsement of Alfred
grocer. Next there was the stamp of
Miner, Read & Garette. wholesale
grocers, showing that the check had
been deposited at the bridgeport Ma
that the Bridgeport National had re-
turned the check to the First National
where Mr.. Fallon carries an account
and that the amount had been credit
ed to the other bank.
Rosie admitted that her mother had
told her what to say, but had told her
to tell her what Mr.. Fallon had told
her when she had been to the Office of
the lawyer for her mother.
Under cross examination conducted
by General Frost and Attorney Charles
S. Garfield. who took care not to
friohten the child, or confuse her,
rosie was sure lQdC the CneCk was one
of the papers the lawyer had given her
and that she had also received the cur
rency.
Upon the suggestion of General Frost
the case was continued until Mrs.
BeEeditto might have a chance to ap-
pear and be heard. Her affidavit was
read by Attorney Garfield at the open
ing of the hearing. DR.. +. NJ. Turkey,
who was witness in the case testified
that Mrs. Beneditto was unable to at
%hn "a int a a rr-
rheumatism.
The affidavit stated that Mrs. Kate
Beneditto. wife of Carl Beneditto, 554
Arctic street, met with an accident
while riding on trolley car, January
90 1908. That she had hired Attorney
Fallon to secure damages from the
company. She claimed that the lawyer
secured $50 of which he gave her $50,
pay $40 to DR.. F. M. Turkey and had
never done so. She said her little
daughter had come back to her with
the money from the lawyers office
and had told her that Mr.. Fallon had
kept $50 for himself and SO for the
doctor. In July she said she had sent
the little girl to the lawyers Office with
the doctors bill and he said that he
knew nothing about the bill. The
testimony of the child bore out the
sworn statement of her mother.
Attorney E. o. Hull, who appeared
for Mr.. Fallon, asked the girl if she
had gone over the matter with her
mother. She said she had, but had not
discussed it since last January. She
said: Mother told me to tell the same
things Mr.. Fallon told me-"
DR.. Turkey told the court that he had
treated Mrs Beneditto for a badly
strained and confused ankle and had
made five visits in treating her. He
sent a bill to Attorney Fallon on the
advice of his patient and the bill was
never paid. He said that he did not
send bill to Mr.. Fallon until July.
Attorney Fallon told the members of
the committee that Special Policeman
Frank Loperci had introduced him to
Mrs. Beneditto The officer had told
wanted to know if he would take the
case for half as she did not have any
money to put down. He said that
later the little girl came to the office
and wanted to know if he would come
to the house. He said that it was
either Jan. rs or Jan. 26 that he went
to the house and found that Mrs. Bene-
ditto did not have any witnesses to
the accident. He told her that he did
not think he could do anything for her
if the case came to trial. That it was
her own proposition that he take the
case with the understanding that he
was going to get half. He wrote a
letter to the company and received a
call from a claim agent who settled
for $50
The attorney said that he took the
release form furnished by the COM
pany to Mrs. Beneditto at her home
and she signed a release form in the
presence of a Mrs. White as witness.
and had told her to send the little girl
to the office and he would pay her
the money that was coming to her.
The girl came and he gave her a check
for $50. He denied that he had said
anything to the girl about $40 for the
doctor and stated that he did not know
the doctor and that he was not act
ing as a collecting agent for the doc
tor.
In answer to questions he said: ct
did get a bill from DIR. Turkey. But
I took no interest in that. / thought
it was from some obscure physician
and I let it go at that. The woman
never came in to tell me about the
vr,affer She cOII1dn't face me with