Norwich bulletin. [volume] (Norwich, Conn.) 1895-2011, 1915-11-12

superior court in this city. an action
for damages for an alleged assault In
the sdtter,s saloon on the night of May
Is, 1914. The plaintiff claims he was
thrown to the floor, striking against
some steam pipes, and that his knee
cap was broken, necessitating seven
months in ST. Josephs hospital and
receiving permanent injury.
Mr. Oates the first witness, said he
was SO years of age and resided on
Factory street. He went into Cardin-
ais saloon, on the corner of Main and
Ash streets, about nine fifteen on the
night in question, and later on ives
engaged in a discussion with Edmund
Parent, in the course OF which the lat
ter called him a bum" He resented
this and said something in his turn,
at which Parent started for him. At
this time Mr.. Cardinal came from be-
hind the bar, took away the beer glass
which witness had in his hand, grasp
ed witness by the neck and threw him
to the floor. He said the defendant
kicked him while he was on the floor.
In falling, his knee came in contact
with the steam pipes, and was in
jured He got to his feet, after being
refused help by Mr.. Cardinal. and
went out He was assisted home by
Cyrille HoufeB and John Gingras. He
received medical treatment the next
day. and was taken to the%hospftal.
where he spent seven months. He had
spent some money for liniments,~ etc,
and still had a hospital bill of two
hundred dollars, one to DIR. O'Neili
for eighty-two and, about sixteen dol
lars to DIR. Marsh.
He was questioned by Attorney T. j.
Kelley on cross examination in regard
to his habits of drinking. and denied
that he had been imbibing freely on
the night in question: He admitted
that he had sustained a broken ankle
some six or seven months previous to
the affair, and that he called Parent a
"pimp."
Houle, the next witness called for the
plaintiff, said he was not present in
as he heard the quarrel between the
latter and Parent, and saw Oates take
up the beer glass as II to throw 1t,
whereupon he got out.
Noe Delude of Lafayette street said
he heard the trouble between Parent
and the plaintiff. and that Parent told
the latter he was Quitting i'm and he
did not want to talk with him. He
said he saw Cardinal take hold of
the plaintiff, but the latter did not
strike the steam pipes as he fell.
Mrs. Anna Oates, the mother, and
Miss Kate Oates, a sister Of the plain
tiff. told of his condition when he came
home, and of trying to get the doctor
that night. He could not come un-
til morning, however, and then Joseph
was taken to the hospital.
This closed the plaintiffs case with
the exception of the testimony Of DR..
O'Neill which was given out Of it's
order in the afternoon session. The
physician told of treating Oates for a
transverse fracture of the knee-cap,
and said plaintiffs leg would never
be as good as formerly. Breaks of
this nature were generally the result
of violence.
For the defendant, Edmund Parent
told Of the affair between himself and
Oates, and that Cardinal took the glass
of beer away from the latter, and then
he fell to the ground. He did not
strike the pipes. Cardinal helped him
out of the door. Arthur Parent al
so testified to like effect. although he
did not see Oates fall as he was be-
tween him and Edmund Parent at the
time. Etienne Allaire also testified
The defendant said he was down
stairs replenishing his beer supply,
when he heard loud talking, and on
coming up saw Oates with a beer
glass poised ready to throw. He pulled
it out of his hands, and Oates fell,
his ankle giving way under him. This
was in the middle of the floor. He
denied striking or kicking the plain
tiff.
After hearing some evidence in re-
buttal the attorneys, William A. King,
and S. B. Harver for the plaintiff, and
T. ]. Kelley for the defense, made their
arguments, Jude Greene reserved his
decision.