The Bridgeport evening farmer., 1917-01-11
BERGER FOUND
NOT GUILTY IN
ASSAULT CASE
Judge Hall Completely Ex-
onerates Hotel Proprietor
in City Court.
WITHIN RIGHTS IN 7
EJECTING YOUTHS
Medical Testimony Indi-
Gates Plaintiffs Injury
Received in Fall.

After hearing before Judge
George E. Hall of New Haven in the
/ city court today Charles J. Berger,
! proprietor of the Hotel Alpine, was
| completely exonerated Of the charge
of assaulting William H. Byrnes of
II Calhoun avenue, last Christmas
morning.
In ordering the discharge of Mr..
Berger, the court made it clear that
the party in which Byrnes was, had
been making a nuisance of them
selves and the hotel proprietor was
acting within his right in his effort
to eject them.
Testimony of physicians showed
clearly that the i.ury to Byrnes, part
of whose ear was torn off, in a scuf-
fe, most likely resulted from his fall.
They were boisterous and disor-
derly, Judge Hall contended. One
who was I'll from the effects of liquor
had made a nuisance Of himself.
Byrnes and Lester T. Warren, Of 1876
Courtland street, after being ordered
out, refused to go.
The court stated the proprietor
was then justified. in putting them
out. He had the right to prevent
their disturbing other guests and
making nuisance of themselves in
fhe notel.
eff these men had gone home when
ordered to do so there would have
been no trouble. They insisted ON
remaining, and the proprietor remon-
strated with them and then attempt
ed to eject them as was his right.
am cle1uly CT the opinion that there
was no, assault of a criminal nature
and I order the defendant dischars-
ed - said Judge =, Hall.
The case consumed the greater par
Of the morning session Of the court
and Judge Hall ha,. been asked tc
come from New Haven to hear it
Medical testimony was offered by DR.
J. p. Seery of the emergency hos
pital and DR.. w. J. Rowe, the physi-
clans telling how, in their opinion
Byrnes lost a portion of his ear.
Each was of the opinion that in
! falling to the floor, or as result
Of striking against the corner of the
hotel lobby, or a table in the lobby
the ear could be partly severed.
Atty. Spotswood Bowers represent
ed Berger, and Atty. Robert DeF'orest
was present in the interest of the
complainant Byrnes.
1t appeared from the testimony that
Byrnes, accompanied by Warren
Clinton A. Sterling, of 1876 Prospect
street and James w. Reynolds of 37e
Hanover street, all went to the Hotel
Alpine Christmas morning at 2 o'clock
They had phoned and asked that three
rooms be reserved for them. All but
one of the party admitted that they
had been drinking that night and
when they reached the hotel Reynolds
was taken i'll because of the liquor
which he had drunk.
He vomited on the ffoor three times
and other members of the party were
in hilarious mood, one of them rat
tling the elevator door, it was testi-
fled. Mr., Berger cancelled their
rooms and ordered them to leave the
hotel. ALI obeyed with the excep-
ton Of Warren and Byrne. They pro-
ceeded, according to the court testi-
mony, to demonstrate with Mr.. Ber-
ger who took hold of their arms and
lead them toward the stairway. They
turned upon him and caught hold of
him. In a short wrestle ,all three
fell to the floor. Byrnes fell on the
bottom, with his friend, Warren on
top of him and Mr.. Berger third in
the heap.
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