Putnam patriot., 1919-09-26
ATTORNEY FALLS TO
FLOOR In COURT ROOM
Judge Harry <. Back of Daniel
son Suffers Attack of Dizzi-
ness.-Judge Haines Grants
Non Suit In Case of Lapsley
VS.. Dunn Claiming $4,000
For Damage to Orchard.

Following the granting of a mo-
ton for a non suit in the case of Ar
thur B. Lspsley IS. William Dunn, in
the superior court shortly after the
noon recess, Wednesday, Attorney
Harry Z. Back arose to leave the
counsel table and as he did so he reel
ed and fell TO the floor at the feet of
Lawyer Ernest c. Morse, who was
stepping forward to spear to Attor-
ney Charles +. Searls. Judge Back
was taken TO the judges private
room and reclined on a couch while a
doctor was summoned. DR. Russell
answered the call and treated Judge
the room. An attack of indigestion
caused the fit of dizziness.
Earlier in the day Judge Back had
slight attack of dizziness and had
to ask that an adjournment be grant
ed He went into an adjoining room
and after drinking a glass of water
sat with his associate counsel, Mr..
Searls, but it was noticed that he
kept his hands TO his head and it was
apparent that he was not feeling well.
The case proceeded until the noon re-
cess.
AS soon as court opened the above
case was taken up and the trial be-
gan to the jury. The plaintiff alleged
that a fire set on the land of the de-
PENDANT by his agent spread to the
premises of the plaintiff and damaged
his apple orchard. That the fire was
negligently set and that plaintiff suf-
fered $4,000 damages.
Mr.. Lapsley was the first witness
and drew an outline map of his 200
acre farm in Pomfret. He was not att
the farm at the time of the fire,
March 25, 1919, but when he arrived
in May he saw the damage to his or
ebard He said that part of the farm
is in the town of Brooklyn.
John Lawson. who has been care
taken for Mr. Lapsley for the past
fourteen years. testified that on the
afternoon Of March 25th he was pick
ing up boughs in the orchard and
smelled smoke Soon after he saw
fire coming from the adjoining farm
of the defendant The wind was
blowing hard and the fire spread rap
idly and he fought hard to keep it
back. but without avail About 2 o.
clock men came to his assistance but
the fire spread through the orchard
and it was not until 4.30 O'Clock that
it was put out He said that 639 APP
pie trees were destroyed. He knew
that man named Roberts was care
taker for Mr. Dunn.
Joseph H. Elliott. town fire warden
of Pomfret, told of going to the fire
and helping to put it out. His record
was introduced and admitted as evil
dence after objection had been over
ruled and exception noted. The rec
ord was made up from questions ASH
ed after the fire and brought in the
name of Roberts as caretaker on the
Dunn farm.
Fayette L. Wright of Pomfret said
that he viewed the orchard Tuesday
and testified that $50 wv Wealthy" APP
pie trees, 300 larger trees of red APP
pies, and 100 ben Davis" trees had
been destroyed. He estimated the
value of these trees at 1929, but
said that other trees were damaged
but not destroyed.
Following Mr.. Wright's testimony
adjournment was taken for luncheon
and it was when court reconvened at
2 O'Clock that the motion for non
suit was made and granted.