New Britain herald., 1916-03-30
MAY SUE CONN. co.
 FOR FALSE ARREST
Herman Lesser Proved a Victim of
 Mistaken Identity

It was intimated at the close of the morning session of police court today that Herman Lesser of 11O Rockwell avenue may bring suit for heavy dam ages against the Connecticut company for false arrest Lawyer r. F. Mc- | DonOugh counsel for Lesser, stated ! that his client has excellent grounds Tor civil action and the consensus of 1 legal opinion is that Lesser could ob- tain a judgment on the facts brought 1 out in court today. Lesser was ar 1 rested Tuesday night on complaint of | Conductor Albert Fisher, who accused him of refusing to pay his carfare from Hartford. The accused was dis charged by Judge John H. Kirkham without argument by counsel when it 1 was definitely proved that Lesser was ] the victim of mistaken identity by the ! in petu ous trolley official
 This case proved more strongly tban any brought in the local court ill long time the great fallacy or clr~ cumstantial evidence and the ease with which an innocent person may be honestly accused of guilt.
 Lawyer and Conductor Clash.
 Conductor Fisher told the court at length of how Lesser got on the Hart ford car in Hartford and sat down beside a Miss Caroline Mason of Plainville He gave five cents for Miss Masons fare and a transfer for himself, explaining that he was sim ply going to the city limit, the con- ductor said. Fisher continued, and explained that after he passed the five cent fare limit he demanded five cents @f In h O transfer and was refused He also de- ried receiving the second five cent fare from Lesser. Fisher was insist ent on the stand in giving rapid fire line of explanation until Lawyer Mc- Donough finally advised him to an swer the questions only and refrain from making any speeches.
 A clash between the conductor and the lawyer occurred at the outset when Lawyer McDonough asked Fish CT how many fares he collected on the car.
 All there were there," he replied.
 "Oh, I didn't mean to intimate that you retained any" explained the at torney.
 Well, you just as much as said so,' shot back the conductor. Law yer McDonough apologized and made plain that he was only trying to show that the car was crowded.
 John Nelson of 546 Church street testified that Lesser and Fisher had an argument over carfare, and the former refused to pay, but what caused it he did not know. Mrs. Zcigler and Mrs Bates also overheard the argument, but knew or none or tho details. Motorman George Chip
 
 quarrel over the payment of carfare .rsd told of how Matthias Rival had ,,1aced lesser under arrest in this city on his conductors complaint. The noliceman said Lesser had told nm thc conductor was fresh and he would rot pay him.
 Mistaken Identity Proved.
 The states case fell flat, however, as soon as w. r. Price of Har1ord' who had been subpoenaed for the trial cook the stand. He said he hau never seen Lesser until two days ago, and did not know of the trolley car pisode until yesterday. He then ex- Ilained that it was he who gave the transfer. and not Lesser. He said he has known Miss Mason for ten years .,1. more and when he boarded the car Ynd found a vacant seat beside her he took it. When the conductor came hc gave him a transfer for himself and five cents for Miss Mason. Later inc car became crowded and he mo- ticed Lesser standing in the forward part. MT. Price lives at APO New , Britain avenue in Hartford and left ne car at Hillside avenue. As he Vas closing the front doors he saw 1 Lesser drop into the seat he had Va . tated That was all he knew of the 1 crisode.
 i Miss Mason corroborated MT. { Prices testimony and said she was 1 uot previously acquainted with Les ! ser until the conductor nistook him ' iOr her former companion. She i charged Conductor Fisher with being i very abusive to Lesser and said that | when the argument started she tried : tC explain to the official that Lesser 1 was not the man who save him the | transfer, nut she was simply ignored. !; She said she voluntarily gave MT. Les ser her address as well as that Of Mir. i Price that he might have witnesses 1 ir. case Conductor Fisher had him ar