New Britain herald., 1916-01-13
REV. PATRICK DAILY WINS
 IN SUIT BROUGHT AGAINST
 HIM BY MARGARET GAUEl
Jury in Superior Court Occupies Only an HOl
 in Reaching Decision Favorable to Z: Pastor of St. JOSeph'S
Especial to the Herald3


 suit of Mrs. Margaret Gauer agai Rev. Patrick Daly, pastor of St. seph's church, New Britain, return a verdict for the priest in the super court this afternoon. Mrs. Gauer sl to recover $2,000 for an alleged sault, claimed to have been conn ted in the convent connected " St. Joseph's parish last July. Att ney A. w. Upson was counsel for " Gauer and Attorneys John T. Rob son and Joseph G. Woods appea for Father Daly.
 Arguments were made this morn o'clock Judge Joseph P. Futile bel to deliver his charge to the jury { he did not occupy more than fit minutes. The jury retired at F o'clock and at 1:15 had not reacl a decision The court therefore
 cused them for lunch, telling them reconvene in one hour. At 2:l5 jury came back and resumed its Alterations.
 Lawyer Upson Rebuked. Judge Futile took occasion to | buke Attorney Upson during the | ter's argument. The lawyer atten1 ! ed to read the law to the jury l Judge Futile interfered on objecV | of Attorney Robinson, saying thai ] was the province of the court to | struct the jury as, to the law.
 1 The attendance in the court rd 1 today was large, many of Fad ! ,-iC hi hn Fifteen minutes after the jury ! retired, following the lunch hou1 1 rap was heard on the door It
 announced that the jury had reac| a verdict. When the jurors
 taken their station in the box, Ed l man Franklin M Buckland of H l Hartford announced that a verd
 had been reached. He passed
 written decision, to the court, nouncing that the jury had fol against Mrs. Gauer.
 Upson's Argument.
 As soon as court opened at
 o'clock, Attorney Arthur w. Upi
 counsel for Mrs. Gauer began his
 gument to the jury, defining assd
 and battery in the meaning of the He maintained that he had striveIl
 conduct the case with calmness
 without prejudices and besought
 jury to so consider 1t. Mir. Up|
 claimed to have proved that tfi
 was animus and a certain meas of reconciliation or malice upon part of Father Daly and analysed l ino xxyifh mony of the occurances at the hd l on Ellis street when Father l] l made his appearance to take l church census, dealing with his q I duct at the convent house on l night of the alleged assault and \ l tery and other incidents which M l supposed to have happened there 4 l the condition in which the plaint| watch was found. Attorney Upsd l argument lasted nearly an hour. Plea of Defense. Attorney Joseph G. Woods opel the argument for the defense bri1 1 touching upon the salient points, 1 the evidence and concluding by md taing that Attorney Upson had fal to present a preponderance of dence to prove his claims that an sault and battery had been commit He referred strongly to the evide| given by both pr. Purney and Bray as to Mrs. Gauer's condition the clear, straightforward story of events in the convent house as by Sister Amelda on the witness std yesterday. Attorney Woods was 4 onded by Attorney John T. Robind who conducted the defense yesterd He declared it was a case that shoi never have been brought. The ment of religion had loomed largo the case, he said, and he was prised at the counsel for the plan in bearing such strong antpathy the Catholic church. Mrs. Gauer and is a sick woman and would neI have brought the case had she bI the one to decide it, he said. She \ not rational and misconstrued bf the acts of Father Daily in counsel her to decide which church she shoI attend and of Sister Amelda in regA to the little girls singing in the chi
 
 a great hatred on that account \ the trouble that followed in the cI vent house was directly due to exaggerated condition. Attorney Rl inson dealt much in his plea with religious phases of the case and fact that Mrs. Gauer, Irish born a Catholic, had left the church of ancestors because of a feeling tow the sister and the priest. He
 clared 1t the most improbable cH that had ever been brought wouldn't have been brought had Mrs Gauer in her hysterical con tion conceived she had been insulI by the priests statement that she Irish and came from the bogs or land, the same as himself. That, ' Attorney Robinson, was the crux the matter and the whole case des oped therefrom.
 Attorney Upson spent considera time on rebuttal arguments and Juc
 (Coptinuad On Eleventh P@E@s@