New Britain herald., 1930-12-18
Biaforte Denies Making Loan


 Casale then had the detective ask Biaforte if it was not fact that there had been d discussion about two months ago relative to the at. torney's negotiating a bank loan to pay Biaforte the s3,000, to which Biaforte replied that it was so but he was no longer interested in the proposition from that viewpoint.
 After further discussion, the de- tective said: Well, Gerry, l don't know what to do about this. You be up here at o'clock tomorrow and take 1t up with the boss" The following day Attorney Casale re- ported at 1:45 o'clock and was kept waiting until 2:30. The detective came out and suggested that they go downstairs and take the matter up with the judge. Tn his chan- bers?" he said he asked, but the detective said: NO, in open court" The arrest followed.
 Financial Condition Precarious
 In reply to Attorney Peck, Attor- ney Casale said his financial condi- ton for the past few years was very preCarious." He has been very hard pressed for money, being in debt for about $6,000 or S10.0O0 to banks in addition to owing money "here and there" to individuals. He insisted that Biaforte had agreed to permit him to use the s3,U00, de- spite Biaforte's denial that such an agreement had ever been made.
 States Attorney Alcorn objected to allowing Attorney Casale to go into the causes for his financial status but Judge Brown ruled that the testimony could go in the rec ord. Attorney Casale then told Of New Britain General hos pital in January, 1927, and under going an operation for appendicitis He spent one month in the hospi- tai and for three months was con so that his expenses were heavy and his earning power re duced.
 During that period he was be- friended in a financial way by An gelo Tomasso, New Britain contraC- tor, and when the latter needed money to finance an excavation con tract at Point Beach, Milford, At torney Casale borrowed 5000 from a bank on the endorsements of Tamossa. the attorneys parents and wife. He used $1,00O himself and Tomasso took $4,000. Attorney Ca sale was given title to one-half ill., terest in property on University Heights. near Wells street, New Brit ain, this property having come to Tomasso as part payment on the job. The Elaine Realty owned the property and Attorney Casale expected to receive $1,U00 from Tomasso and $1,0o1 from Abraham Gorbach ot the com pany for his service. He was oblI gated to pay $500 every three months on the $5,0O0 loan
 Sidelights on Gardiner Case
 A little later, Attorney Casalc was retained to defend Henry l.. Gar diner in the civil and criminal sides Of superior court, the cases having grown out of alleged libclous state. ments cause by Gardiner to be print cd in .. newspaper. Angelo M. Pao- nessa, who was candidate for at that time, warned Casale not to defend Gardiner as the latter was "a Ku kluXer" and Paonessa told him it would be suicide" to have anything to do with the case. Attorney Casale was told that r lawyers in New Britain had refused to defend Gardiner but he took the case nevertheless, believing that the penniless old man was entitled to representation" The result was tha' his business was practically ruined and he and Paonessa had d break in their friendly relations.
 Paonessa was elected mayor and Tomasso was given city contracts, vhich he did not have under the mayors predecessor in office, while Attorney Casale was having diff!- culty meeting the interest and pay ments on the note and taxes On hi5 share of the University Heights tract, so he asked Tomasso to relieve his situation by taking the property off his hands, which was done, and A. torney Casale lost $500 in the trans action. The Gardiner case cost him between $40O and $500 and at about Il l.1 n pay a $1,000 note for E. K. Barnard of Berlin when the latter failed to meet 1t, the attorney being the en dorser, he testified.
 Prior to the offering of some of his testimony Attorney Casale asked for brief recess so that he might confer with Attorney Peek relative to the advisability Of bringing some of it out, and 1t was granted, other wise the direct examination would not have consumed so much time.
 CasaIe Cross Examined
 It was 4:l5 o'clock when the cross examination began. The details of Biafortcs release on bonds were gone into. and Attorney CasaIe ad- mltted that he arranged for the withdrawal of Biafortc's bank ac- count 50 that it would be safe from attachment. T did it," he testified, to protect him from any real O.: fancied danger Which was to get his money out Of the reach of pro- cess, was it not?" the states attor- ney rejoined, and the attorney re- piled: Well, call it that If you will
 Well. that is what it was, was it not? You're lawyer and you know" the states attorney pursued. When Attorney Casale professed to be unable to recall some details of the transaction, the states attorney asked him what was wrong with his recollection.
 Going into details as to his re- ceipts and disbursements, State Attorney Alcoru drew the statement