New Britain herald., 1914-07-30
AUSTIN PLEADS SELF
 DEFENSE AT TRIAL
Claims in Berlin Court That State
 Witnesses Told FaISthoOtS.
JUDGE RENDERS NO DECISION

Will State Finding at Conclusion of
 Gordon Trial This Afternoon-Inter-
 esting Testimony Offered in Austin's
 Case. .s.a.5-
 Beginning with a legal wrangle be- tween two lawyers, William F. De- laney and M. D. Saxe, attorneys for the accused, and Prosecuting Attor- ney William H. Gibney, the cases of Tax Collector Elmer E. Austin of Berlin and Nathan Gordon. of Willow street, this city. charged with assault ing each other in kensington last Saturday afternoon, were triel to- day in the Berlin police court. At torney Delaney represented Austin, while Attorney Sake appeared for Gordon.
 After considerable debate, Judge Griswold decided in favor of hearing the cases separately, rather than jointly, and the tax collector was put to plea first. Many witnesses were heard and the trial was not adjourned until shortly before 1 D. m., when a recess until 3 o'clock was taken be- fore Gordon's case was taken up. Judge Griswold reserved decision in Austin's case until Gordon's hearing is ended
 Austin pleaded innocence on the grounds of self defense and during his testimony made the statement that witnesses for the state had told false hoods when they stated that he had struck Gordon.
 Dr. Volkenheim on Stand.
 Dr. Mendel Volkenheim of New Britain. who said he has practised in New Britain for the past five years, was the first witness called by the state He told of being called on the afternoon of July 25 to attend Gordon, who, he had been told over the phone, had been hurt in Ken sington. Arriving at the hospital in New Britain he found Gordon in a semi condition and ira tional, speaking at random and com plaining of pains in his head.
 To determine whether or not his patient was conscious. the physician safs5 he pressed his hand on Gordon's head sl the spot where he seemed to be hurt. There were no marks of violence OH, Gordon's body. he said.
 Dr. VolkenLeim testified that he gave the injured man a quaf.ter grain of morphine to ease his pain and put an ice cap on his he>ad. About o'clock Gordon was given one-eighth grain more of morphine.
 Explains Semi Consciousness.
 Explaining Gordons semi-co.a-cious condition, the physician said that fs;s patient talked at random and did not respond to questions asked him.
 Questioned by Attorney Delaney, the witness testified that a concussion of the brain was often caused by the brain being forced against the wall of the skull. This could be caused, he said, by person receiving a violent jolt such as being punched or step ping heavily from a curb stone.
 Continuing his examination, Attor- ney Delaney questioned Dr. Volken- helm on several technical medical subjects until the latter objected, stating that he had not been sum- moned as an expert witness. In that case, he would require the regular fee, he said.
 "I'm just trying to ascertain or not you're not mistaken in your diagnosis stated the lawyer
 "Go ahead, if you think you know more about medicine than I do,'' an- swered the doctor.
 Possibly, possibly, doctor,'' re- the other dryly.
 Patient Not a Fakir.
 In answer to Attorney Delaneys | query as to whether or not he thought | Gordon was shamming, the doctor | said he treated as a patient, not as a | fakir.
 Gordon's Boy Excluded.
 When Prosecutor Gibney called MT. l Gordon to the stand, Attorney De- laney asked to have the witness son, Harry Gordon, excluded from the] court room during his fathers testi- mony, suggesting that their living to- gether might cause the parent to in- f1uence the son.
 Judge Griswold agreed and Officer Hackett took the youngster outside
 Tells of Brutal Assault.
 Gordon, who said he is a vegetable peddler residing at 34 Willow street in New Britain and is forty-eight years old, testified that he was com ing down New Britain road on the day in question: when he met Austin, who immediately approached him. Austin, he said, demanded some from him and after he had old the collector that he owed him nothing, the latter grabbed him by the throat, tore him from the step Dn the side of his wagon and struck 1im on the forehead keveral times. Austin then threw him to the ground, 1e said, and continued striking him. He told Attorney Delaney that he lidn't count the number of times he was struck
 Gordon said that after Austin had truck him as hard and as often as le cared he walked away. He then houted for help for he felt that he