The Waterbury Democrat. [volume] (Waterbury, Conn.) 1917-1946, 1946-02-21

Counsel for CASSIDY charged llat
an agreement had been made by
former Corporation Counsel J.
Gregory Lynch and the late Mayor
Vincent A. Scully with Cassidy,
overruling any obligation to pay
court costs in the event the city
won the suit.
Judge McDonough reserved decl-
sion. after instructing counsel TO
file briefs regarding the authority
of a corporation counsel 10 act as
Attorney Lynch had.
The jurist, however, commented
that the courts are reluctant TO go
far beneath the surface where there
has been an agreement between
competent counsel, where the agree
ment will not be injurious TO either
| party.
Judge McDonough also comment
ed that the amount Of money in
volved was not large but that the
principle is quite important
Lewis argued that Lynch had re-
ferred in his brief to Cassidy as
public spirited citizen" He point
ed or that in the brief Lynch had
stated that court costs should not
be assessed against Cassidy if the
city won The parking meter case.
Spirit" Questioned
In this connection. the jurist
/ asked If it did not appear that the
| parking meter action was a test
/ case by one individual which prob
ably prevented q multiplicity o.:
actions
Healey questioned the spirit Of
the parking meter case. declaring
that it was "a dog and cat fight
from the time ii began
Healey charged that Lynch. as
corporation counsel. was put on
the rack" one whole day as a wit
ness by Cassidy and that Lynch
was put up there to ridicule.'
There was nothing peaceful,
amicable, or public-spirited about
the atmosphere. Healey charged.
Lewis, at the start of the hear
ing after preliminary statements by
| Healey, traced the history of the
! question on court costs in the
meter case. He said that although
| the high court Of the state had
ordered payment of the costs lit did
not shut the door tight"
Lewis claims that the Supreme
Court said it could not reconsider
the matter Of costs since it was
not brought up in the lower court
hearing.
HeaIey Keeps Theory
Judge McDonough later asked
Healey what he thought the Su-
preme Court would have done with
the question if it had been brought
up in Common Pleas Court orig
inally, and the corporation counsel
said there was no question in his
mind but that the high court still
would have ordered payment of the
costs by Cassidy.
Judge McDonough suggested that
Lewis make a motion asking for
remittance of lower court costs
and the motion was made. The jur-
ist then said he would hear motion
and Lewis called Cassidy TO the
stand.
Cassidy testified that he was ad-
mitted 10 the bar in 1900. He SAID
he had been friendly with the late
Mayor Scully, and that the mayor
was associated with him at one
time in the practice of law. He said
he had discussed the meter case
with the mayor, and that the con-
versations had led to were ques-
ton of costs.
He testified that in a recent con-
yersation with Healey, he was told
that he could go before the Board
of Aldermen and ask for remittance
of costs.
Word Stricken
At this point Lewis asked Cas-
sidy about his recent tax revalua'
ton suit, which was scheduled tol
a preliminary hearing IN the sami
court for this afternoon.
When Lewis termed the reyalEa'
ton unreasonable, Healey
turned TO the judge and asked tina
the word be underlined for TIN
benefit Of the press" The Judei
ordered it stricken.
Lewis then injected the Shake
spearean quote, and then ordered ]
stricken also.
Healey in concluding argument
questioned the right OF any cor
poration counsel or mayor ito weigl
any costs due the city" He sa 4
mere was nothing in the charter o.
such power
Judge McDonOugn said ne wantel
citations on the power OF corpora
ton counsel and wanted TO knoN
whether a corporation counsel hai
additional power to ask on costs.
Healey said his study had faiie
10 disclose any authority on tn
subject. Lewis said he would file
bTief. and the jurist gave him On
weeks time.
, Total costs assessed against Cas-
sidy in the case were S4s3.80. whicl
with interest were increased I
$5l4.8i rs OF Feb. l6. The cost
were divided into $50 for Commo
! Pleas Court and s393.80 for IN
Supreme Court. An execution
Judgment has been made alread
5 in the high courts costs, and the
: were not involved In today's neaJ