New Britain herald., 1929-03-01
VERDICT 0F JURY
 IN ISLANDER SUIT
 UPHELD BY COURT
(Continued from First Page)

the outset, he asked counsel not @ rehearse the claims set forth in the we'll in mind. Attorney Monkiewicz made the claim that the jury must have been prejud diced' to bring in verdict against Pajewski for Sl.oo1. and it was plain that the jurors mis- understood the courts charge, es pecially that portion Of il which had 70 do with damages. The verdict, he said, was not in keeping with the facts, nor reconcilable with reason. As a matter of fact, he continued. Gardiner was already engaged in in vestigating the police department Of New Britain at the time he and Pajewski held the conference which resulted in the alleged islander and libel. 'Pa,ewski was nothing but an actor in one of the chapters of Gardiners investigation" he assert ed, yet the jury placed the entire ! responsibility on Pajewski."
 The jury must have taken notice of Mrs. Hart's loss of composure or l the witness stand while testifying to the effect Of the alleged libel on her husbands health and state of mind l instead Of bearing in mind that she 1 and all the other witnesses Hh } 1 were called and who claimed 10 l have been libeled, had separate causes of action. Attorney Mon i kiewicz said
 Client Was Not Malicious | Touching on the question of nal. ice, Attorney Monkievicz said the 1 publication in newspaper of the i alleged hbelous matter, constituted
 all the malice there was in the cas-,
 and the jury must have placed the l entire blame for # on PajeU ski.
 otherwise they would not have brought in the slo0l verdict Chief 1 Hart testified that he was aware O. the letter sent to the prohibition 1 director at Washington, D. C., for 1 some time before 1t became gen. | erallv known that such a letter had been written. and he also knew that his department vas under investi- tornev declared in further support
 of his argument that Pajevski's s part in the affair was not the more damaging Of the TWO.
 "The jury must have been moved by something other than the evil 1 dence when they gave a verdict for
 such heavy damages against the de tendant Pajewski," he said. "They
 went beyond the scope of the evi- ! lance to which they were limited" ." ! He dUelt for few minutes on the law pertaining 70 punitive and ex-
 emplary damages and said it was
 not reasonable for the jury to find
 against Gardiner ir the amount of
 s473 exemplary damages and se5 general damages. while finding against Paiewski for sl,o01.
 Casale Speaks for Gardiner Attorney Casala contended that Gardiner vas entirely justified in
 giving publicity through the news
 paper 10 the matter which resulted in the litigation. because he "was
 virtually thrown out 0. the confer ence" when he sought 70 lay befor@ the police commissioners the infor-
 nation that had come to him. Then
 he was called "crazy" by Chief
 Hart, leaving no course open 70 him
 than the one he took. He was
 prompted by nothing more or less
 than his sense ot duty. and there vas nothing in the evidence to jus tirv q finding of malice, he asserted
 "Knowing all parties IS ! do. I feH
 safe In saying that Gardiner would
 have been dereilct in his duty had
 he taken any other action he con-
 cluded.
 fudge Mangan Uaa prepared v answer the arguments of both at torneys, bu. Judge Dickenson stop ped him with his assertion that th'
 verdict was fair and well sunported Chief Hart. Paiawsli and Gardine' were no- in court and the arguments on the motion were listened 10 by gallery ot two or three spectators | in contras. 10 the rcowd which at tended the trial Of inc s25,000 ac
 ton q fer weeks ago.