Norwich Bulletin Newspaper, July 1, 1914, Page 5

crtenesaresenenes SOMERS Chronic amd Nervous 2 Room 9, Shannon Bldg, ours: 10 a. fi to 4 p. m, Monday, Wednesday and iday. Tel. 1177-3. i S E. Holdridge of. Leavara e L.r two-year-old Fowl, Wmm‘- oo e e e zzc- Have you ‘seen the hew $20,000 Ven- etian v-egt harbor d - tages at | roton. Ioh:‘l’oht?—n—" s -Adv. One of the popular movies in a New — — York theatre this week is a three reel J. H. &t..'l‘-. _| depiction of the adventures of Nathan Hale, the South Covntry patriot. ~ Serst. Charfts Green, U. S. A, 50, died Monday at Fort Terry, Plum Is- land. Sunday Sergeant Greén was op- ‘| erated upon. He failed to rally. Holy communion will be observed at the Congregational church in Ledyard NO I ICE Sunday morning. Rev. s Nortl::rop of Norwich will occupy the Pulpi General Statutes of ‘the State Charles A. Because of the holiday Saturday, : 3% v et ‘when banks, libraries and most of the of Cmt, i w stores will be closed, considerable ex- Mrs. through the;Berkshire hi 5 ‘Mrs. Laura Williams of Norwich has wamm Izn‘ Polni = : H, Smith of New Lon- Frank don spent the week end with Mrs, C. Henry Smith and Mrs. Thomas Doyle of Norwich. davs with of Post Hill, orwic ospital, is spending a few Mrs. Bessie ¥ e Shiels, a nurse at the McKenna of Post Hill, New London. Miss Florence Tremblay of Lafayette street as returned after a week’s stay with Mr. and Mrs, Thorus McKenna New Lon.on. Mrs. Thomas F. Doyle and son ‘Thomas Henry, of Lafayette street, Spent Wednesday with the former's mother, Mrs. liams street, tra business will be crowded into the 1288, regulating celebra- | next two days. tion of Fourth of July. Every person, who between sunset on the 3rd of July and 4 o'clock in the forenocn of the following day, or be- tween 11 o'clock in the evening of Fourth of fable event Invitations have been received In this city for the Old Home Day and July celebration Ridgefield is preparing to make a no- next Saturday. ‘which Next Monday the members of the Willimantic branch of the American July 4th and sunrise of the following | Bepefit society will have their annual day, shall discharge any cannon, pis-|outing at Watch Hill coming by trol- tol, gun, firecracker, torpedo, or any|ley to take the boat in explosive, causing a loud report, or i who shall by ringing a bell, blowing a horn, beating a drum, or in any other manner make any disturbing noise or make a bonfire, shall be fined not more than $5.00. The Lake house at Gardner Lake has been opened and is now ready to en- tertain automobile parties and traa- sient gue-ts.—-adv. “Suffragists here as all over the coun- ty are to be put to & supreme test Norwich at The police are instructed to enforce|August 15, which has been declared ‘this law. TIMOTHY C, MURPHY, sional committee. Mayor. The fish and game commission has made arrangements for the distribu- tion today TlX parts of th Ruth Foss, City of Norwich (Wednesday) of e state. of Norwich. They will be liber- ; black bass. Exempt from Federal Income | [{i7%, streams and nonds in different N a national self-sacrifice day by Dr Anna Shaw and the Women's Congres- 36,000 The quarterly meeting of the Circuit 4%% Bon& Due 1939 me of the Norwich Dutris?tt"li‘:np; leagues was held at to Net 4.15% Saturday evening. About 100 mem- bers were present, representing Put- nam, Danielson, Jewett City, Moosup, ) and Sterling leagues. . Hornblower & Weeks [~~~ state highway - commissioner has awarded a contract 69 Pearl SM Hartford for the construction of a section of Members New York and Boston | Dnative gravel road in the towns of Bol- 8Stock Exchanges ' L L . On Saturday Mrs. Sarah Frost Bag- nall of Adams” celebrated birthday at the residence of her som, Superintendent F. A. Bagnall Adams, Mass., Public schools, formerly of Stafford born in Bo! in the moderate as well as You need not' hesitats ‘to comé here for your size for we have it and we show you some excellent i in col- orings as well as gualities. Heavy SHAK JENET | otun o=n today, July ton and Coventry to the Robert G. Mil- sfler Construction company of Hartford for the price of $18,000. £y ~<her 90th Springs. Mrs. Bagnall was ston, June 27, 1824, "The strict postal rulings regarding window envelopes, goes into effect Y, 1. “Windows shall not be colored and shall be made or ‘treated S0 as to be as transparent as possible. All windows envelopes shall bear thé d of the sender.” of the The state civil service commission sum and Su"K E WOOL conducted a test for sten?grl:a.nx;:u ;;:d n 2 > typewriters at the capitol onday, m”wm.“m when 28 young womeén and six men were candidates for the eligible list er Wollschlarger. & C. C. Elwell, engineer for the public utilities commission, starred annual inspection of the Shore Line Electric Railway company system on Tuesday. He siarted from New Haven special car. Department of as special clocks. If you have a Repairing ‘ RED CROSS ASKS AID. Request Sent to Mrs. R. W. Perkins for Help in Salem. ies for handli Mrs. Robert W. Perkins received the the most complicate fillll | following telegram on Tuesday: clock that strikes an Our workmen are | for relief funds. work, will please you. Red Cross, Jewelers imported travelin 5 42 Rockwell St.. Norwich, Conn. ‘Washington F. J. MULHALL Ihn Pa"t.ca“.u c'. “ Acting Secretary American Red Cross. OBITUARY. Established 1872 | Mrs. Henry D. Sydleman. Monday night at 11 Plaut-Cadden Building | R., widow of Henry D. from which selections will be made for state department appointments. “e T ‘Miss Margaret Nora Callahan of 'y New London znd Walter Russell Moore of Brattleboro, Vi, ::r!;l e:g;‘metd on n;he i 3 C. V. road, were marrie onday aft- 291 M.m s*" led‘! c" ernoon at -3.30 at the parochial resi- 2 dence of St. Mary's Star of the Sea church, New Londen, by Rev. Alexand- on ths with President Robert W. Perkins and lpel't oc i Superintendent Samuel Anderson in a valuable chiming clock, _ ‘Washington, D. C., June 29 a clock with calendar Mrs. Robert W. Perkins attachment, or a dainty | Norwich Red Cross Chapter repeats the hours, you | Large part of City of Salem, Mass., can_ entrust it with destroyed by fire. Thousands of peo- confidence to us. i ple homeless and destitute. i assistance -needed. Please issue appeal . Contributions can be thoroughly experienced. ;xde to local Red Cros:z uRu-kumr. 4 rt W. Per] 3 ockwell Our prices, like our i “Mm n::)enm dim‘;‘;m u OQutside to American | 'k Harriette dieman, died at her home, 281 Main street, after an illness of children. \ rments. several months. She was born in Hebron and was the daughter of George Cruttenden and Eliza -Ann Strong and was one of a family of 15 Mrs. Sydleman had passed nearly all of her life in this city. For years she was a dealer in women’s She was a member of Trin- ity Episcopal church. One sister, Mrs, Jane M, Williams, of {his city, and two Cruttenden of % % brothers, Chauncey Cruttenden of Norwich and George Meontclair, N. J., survive her. - 2 Mrs. Sydleman was very well known in Norwich. She was Beckwith. E His bride the d?gur of Nicholas Dempsey of No. 11 &?’,z‘, “The newly married c ' || for & honeymeoon trip and wiil y gr;’zm 61 ‘was a successful business woman. She fvfla.- a ‘devoted sister and a loyal " WEDDING, Comstock—Dempsey. Eroest E Bullard Ju s, omioss ons e ammse on Tuesday evenin; on Broadway, couple were attended by James H. a:unu-beltmnufllfl-luu- . Kingsberger of Fitchville as > _&room js a well known carpen- ter of this city and for a number of years has ve and at 8 o'clock by at the parochial The bridal been , foreman for F. E. Up&hm upon - Teft Mrs. Albert and Mrs. Cl Frank E. Smith of Wil- New London. Mrs. Frank Wilson of Montville, T, Avery of Uncasville ‘harles Beebe of Quaker Hill have returned home after spend- ing a week at the Wilson cottage at Pleasure Beach. WATER BOARD UNABLE" “T0 The board J. F. Williams and P. F. Bray 2nd’| Are the Two Candidates. ELECT A PRESIDENT. of water commissioners held a special meeting Tuesday even- ing in the office in the town hall at which the matter of election of of- ficers and ap pointments was taken up. All the members were present. The meeting found it impossible to elect a president but filled the other offices. For president, Joseph F. Will- jams receive d two votes and Patrick Bray, 2nd one vote. Three votes are needed for election. The three votes for president also carry with them the salary of $300. At the pres- ent time the board coatinues with A. 8. Comstock as acting chairman. He, however, does not receive any salary, although practically doing the duties of the president. John J. Corkery wsas reelected as superintendent and John J. Shea cashier and the gpiresent Sneak thieves entered the apartments!laney were offered. Mr. Donovan re- of ex-Judge Leslie L. Brewer at HEast|ceived two votes and Mr. Delaney szs(m Hartford, Monday morning, and took k4 a diamond ring weighing about 1 karat. Judge Brewer married Miss one. Mr. Delaney holds over. The board taken up. Harold Salzman, Aged 7 1-2, Killed on Farm in Preston. ox cart lo: passed over aid was sou ohue, The boy was the son of Mr. and Mrs. Max Salzman, of New York, and with boath without opposition. The names of Dennis Donovan and meeting Friday night at which the election of a president may again be SKULL CRUSHED BY About 3 o'clock Tuesday afternoon, in Preston, Harold Salzman while rid- ing with seyeral other children in an a Preston farmer, accidentally fell from the mdving cart directly in the path of one of the heavy wheels, which killing the boy instantly, The lad was picked up and carried to the house and secretary of the board. inspector, James T. De- is to hold its regular WHEEL OF OX CART ed with water driven by his head crushing it and ght from Dr. J. J. Don- his mother and other, members of the family was spending *the summer va- cation at the Uucas Witter house in Preston. He is 7 1 years old. The children had asked the driver of the cart out of kindness he had consented and to give them a ride and allowed the boys to ride, and the acci- dent. came as a crushing blow to him. Word was boy by telephone from the house of Harry Myers, a neighbor. . PICNIC OF CHURCH SUNDAY SCHOOL. Delightful Time Enjoyed at Atlantic Beach—Attendance of 126. sent to the father of the SECOND A special car at 8.45 o’clock Tuesday Ts of the Eorning took the majority of the mem- Second Congregational church Sunday school to Atiantic Beach for the annual picnic. Others fcund accommodations in the regular car. The day was thoroughly enjoyed in every particular, those in charge having looked carefully after the in- terests of the children. Games were entered into with spirit, and prizes were awarded to the winners, while not a few enjoyed the surf bathinz. It was a basket picnie, but the commit- tee provided orangeade for all in at- tendance. The affair was capably directed by the followin, Attended §. Sherman, chairman, Rev. H. J. Wyck- off, Frank A. Bill and C¥ Arthur La- D. A. R. Reception at Hart- g committee: John H. ford. Dr. Dwight Tracy spent last week with his son, Dr. William Dwight ; . in New York and Stamford, returning to Norwich Sunday morning. On Monday he was the only member of the Norwich S. A. R. at Hartford for the Washington pilgrimage cere- menies. He attended the reception tendered | ticut S. A. day. her cottage eign travel leave town family are the distinguished visitors at the beau- tiful home of Dr. George C. F. Wil- Hams, an ex-president of the Connec- afternoon, returning to Norwich Tues- Incidents In Society | Mrs., Frank C. Turner has opened Judge and Mrs. Gardiner Greene sail this week to sperd the summer in for- Mrs. Eben learned and children Harwichport. Mr, and Mrs. Horatie Bigelow and Ocean Beach for the summer months. Mrs. Frank H, Smith of Norwich re- turned Monday after visiting her daughter, Mrs, Linzee Sewall Hooper, at New Lond Mr. and Mrs. George R. Cardwell, R., from 4 to 7 Monday at Harwichport. today to spend July at occupying a cottage at on, © were married in Denver June 15th, reached Norwich Tuesday to spend a week at Mr. Cardwell’s home on Main sireet. They have had a pleasurable trip to the Great Lakes, down the St. Lawrence to points in Canada and on Lake Champiain, Mrs, Allan T. Baer of New Ydrk and ¥ (l;u‘ty will sail on the 8. 8. St. Louis the American line July 3d. They expect to visit England, France, Hol- land, Belgium, Germany, Switzerland and Italy, returning by the Mediterra- nean route, Miss L arriving in New York Sept. ucy M. Greenman of Lau- doy ages The slander and Iibel suit brought | w by John F. Craney for $20,000 dam- against John Donovan reached "y %, — s ¥ the jury in_the superior court here on afternoon at 4 minutes af- ter 4 o'clock, when Judge Milton A. Shumway finished his charge, which Tuesday occupied- 50 minutes, At 15 minutes after 7 the jurymen returned to the court room and report- ed to Judge Shumway that they had been unablé to reach an o~ upon a verdict. The judge excused them until 10 o'clock this morning and allowed them to depart to their homes. They will This is the last jury trial at this ses- come together again this Exemplary vor unitive damages are morning to consider the case further. | such as are pm’:'ly awarded if it ap- pears to the jury that the defendant|thrilling rescue of eight year old Jo- sion of the court. When court came in on Tuesday morning. which “was the seventh day nt Damages. RESCUED JOSEPH HOXSIE FROM YANTIC RIVER John Dunleavy Bravely Plunged ix After Sinking Bey. John Dunleavy made a brave and - acted with such wantonness or so ma- | seph Hoxsie about 7.30 o'clock Tues- liclously that he should be made an|day evening in the west branch of example of in the community for the| Yantic river, jumping over and of the trial, Attorney Joseph T. Fan- | wrong doing complained of, such dam- | ing the boy out of ning made the first argument for the Pplaintiff, speaking for 65 minutes and (as a punishment to the defendant for claiming that $10,000 would not be !such wrong doing. an excessive amount to be awarded ‘Where the words uttered or the Mr, Craney for the damages which he claims to have received, - each side was given two hours for argument. The spectators’ seats held azes to be sustantial enough to serve|above the West The .boy had words published are in themselves li-| railroad platform when he fell belous or scandalous, the mental suf-|a wall into the water. According to the court regulations fering occasioned by the publication of the defamatory words may be taken|and jumped after him, succeeding in into consideratiop by the jury for the| bringing him ashore. Joseph Dunleavy saw the boy going und about 75 men during the day and all | purpose of estimatin general and | none the worse for his experience. He gave close attention to the arguments. | compensatory d.nug:-. Moreover it|is the son of Frank Hoxsie of Nurth Mr. Craney, the plaintiff, was in court | has been held and it is held that be- | Thames street. all day but Mr. Donovan, the, defend- in "an appearance. Neither were either Mr, or Mrs. Wil- ant, did not put lar@ A. Church present. 10 minutes Attorney John H. Barnes for the defendant followed Attorney Fanning t;\at if there is only the malice which |, the law implies from intentionally do- howt: ing, without justification, that which ,dé’;;:‘:;‘ c:nu;t,"a.dow. ':,‘( $1,964.73, in- Y 4 and concluded his argument at about after noon. H cause a libel or a slander involves an as well as to his reputation, his injury may be greater if the defamatory words are uttered with express malice e claimed that Mr. Donovan had proved all he |in its natural tendency i injurious. claimed and should be vindicated. If the jury find that the defendant time until Attorney C. W. Comstock for the defendant occuplied 1 o'clock recess has in bad faith pleaded a justifica- the rest of the |tion of the words uttered or published and then { by him, it is proper for the jury to resumed for 23 minutes after dinner. |give, and at its discretion it may give, He spent much time with the part Mrs. Church had with the case and quoted a few lines of poetry which he said were applicable to her. Attorney Roderick M. Douglass made | putting the same into the record may the closing argument for the plaintify, He spoke for a few minutes short of an hour and made his chief argu- ment of the claim that the testimony of Mr. Donovan had been proved un- | worth of credence. lines of poetry to match increased damages therefor, consid- ering the defendant’'s plea and answer as the means taken by him to perpet- uate the slander and libel, and his be regarded as indicating the degrée of malice which prompted his defam- atory words, Financial Condition of Defendant. He had a few It is proper for the jury to consider Attorney [ and the jury should consider the finan- Comstock, quoting Shakespeare upon | ¢ial condition of this defendant in es- the irreparable damage done in steal- |timating the damages. What would be ing a man’s good name. He also laid { @ heavy punishment for a poor person considerable emphasis upon the let- |in a case of this nature might be tri- ters in the case and claimed that Mr. | vial punishment for a person of wealth. Donovan wrote all of them. In giving his charge to the Jury Judge Shumway told them that if they found for the plaintiff they would find for general damages and would not have to particplarize an amount for each of the four counts in the com- plaint. He took up the difference be- tween slander and libel and told the [Mmay be awarded greater than the jury Jury that the defendant admitted the | might feel justified in awarding if the wards quoted in iwo of the counts, but | defendant were the possessor of less but claimed | Wealth or of slender resources. publication defense. dented another count, Wwhat he sald was true and the judge said that the burden was on the de- fendant to prove the truth of the de- famatory statements that made. He said that the allegation of adultery is libelous and slanderous and that the law presumes that the of an article per se is without malice and that ab- sence: of malice is never a complete Requests to Charge. Counsel for both sides h to the judge before he charge the points upon made requests to charge. Plaintiff's Request. ant should be considered because an which they The financial condition of the defend- ant has been testified to and the evi- dence has been produced temnding to that the defendant is a person of sub- vetrdict is for the plaintiff, damages punitive damages are awarded, such damages may be made sufficiently he had damages shaill have upon him, To summarize: Wealth is an import- ant element of social position, stand- slanderous those of a person in less affluent cir- cumstances, and therefor a defama- ad handed | by him will probably cause great- made his proper than the wealth of the defend- After defining. slander and libel, the|award that would practically bank- In order by malice. Malice does not spite or hatred; in its broad sense it is that state of mind or feeling which]| prompts an individual to do as act whereby another is injured or may be injured, wrongfully and intentionally, without just cause or excuse. Malice will be implied and presum- ed from the mere publication or ut- terance of “words which are in them- selves libelous or slanderous, especial- attorneys for the plaintiff made the following requests to charge: action of slander or libel the words spoken or written or the matter of any other kind published, which is complained of, must be false and the utterance or publication must have been prompted to sustain an As to Malice. ly if the words are false. malice it is sufficient to show that the was actuated by improper defendant or unjustifiable motives in the words the action. The defendant has done; ds complained of or making the publication which is the subject of tion of paying damages. suspicion which defendant might have of the p]aj:‘tlfl's guilt which lnlghll avail the defendant in the matter of i 4 words, viz: the injury to the plaintiff reducing the damages s such reasou-f gpich’ may drise from those words abla suspicion as might arise n a i th. fair and unprejudiced mind from facts :';;:“!:;‘;r;'f,:‘yu ,:;‘::.zjvy b: j:;:_r necessarily mean is allowed. to prove the truth of the words vttered or writ- ten if he can do so, and the truth, if established, will justify him in what h» but justification is a suc- cessful defense only when the Ae- fendant proves upon the trial that the Plaintiff was guilty, and the plea a defense of justification of the piai tiff of the acfs charged azainst is proven beyond a reasonable doubt. Suspicion by the defendant that the plaintiff committed the acts in ques- tion is not a justification which would free the defendant ‘rom the obiiga- Future Effect. rupt a poor man would be but a light punishment as against a man of con- siderable wealth, Character Considered. The defendant had the right to show, on the trial, if he could do so by proper evidence, that the plaintiff was not a person of good character, for ‘the purpose of decreasing the damages as the law regards the injury from libel or slander, or both, to a person without a good character as being less fhan the same slander or libel would be to a person of good character. But it is presumed that the plaintiff is a person of good char- acter until his character is shown to be otherwise by evidence given for that purpose. The statements made by the de- fendant on the witness stand that Mrs, Willard A, Church confessed that she had been criminally intimate with the plaintiff were admitted in evidence only that the same might be consid- ered as tending to contradict the tes- timony of Mrs. Church relating to the time she first met Craney and to the number of interviews she had with him. and the purpose of such inter- views; and the jury may weigh those statements for what they are worth in that direction. But the jury must not consider those statements so made by the defendant, Donovan, as proving or tending in any way to prove that the plaintiff, Craney, and Mrs. Church were criminally or improperly intimate or that Craney was gullty of the of- fenses described in the various .counts of the complaint. To show speaking The oni¥| mhe damages may include and be made to compensate the plaintiff for the future consequences of the evil :;\!:id’cml!rcu{:set::acbelai.gurlivh:nlcnlated 2 | pected to affect the plaintiff in future guilt Plaintifs| £ 1 the slander or libel, that consid- eration may be taken into account in Upon the counts in the complaint in which the defendant has admitted o) 1XIDE damages, as another suit cannot truth of his statements, if ‘ha jury find that the statements were faise as be maintained by the plaintiff in fu- ture upon these words no matter how serious his future injury may be from laimed by the plaintiff, the piaictil?| G 51ander and libel described in this is entitled to such damages as would be a compensation for the injury sus- tained as the natural or probable con- sequences of the slander libel Ti-e lamages would be what the fac:s of|charge made by the attorneys for the the case would justify. If the jury find the allegation cem- tained in the fourth count o be (rue, | words in an action of libel or slander, o}:; to‘bo true substantially as aueged, def %o any eaude of action then it may be said that, upon all 'iLe ense counts of the complaint, if the jury|brought for speaking or printing the action. Defendant’s Request. The following was the request to defendant: 1 The truth of any defamatory if pleaded and proved, is a complete finds that the statements charging the|same and if the jury are satisfled that plaiMiff with commitiing v.-rh;*; =Were the words are true in substance and faise, the plaintiff is entitled to such|in faet they must find for the ‘end- damages as would be a compensation|ant though they feel sure tI he for the injury sustained as the natur:l|spoke the words spitefully and ma- or probable consequences of the sland- | iiciously. slander are er and libel. The damage: should be what the facts of the case would justify. Malice Implied, s awarded 2 If the defendant lieving the same were true he is not Hable for speaking or printing the ‘When the statements uttered or pub-{same even though the words were lished in a case in which 1f»2l ard|spoken or written spitefully and ma- s are false »nd such | liciously. statements contain ths charge thut a 3 If the jury find that the words al- crime or crimes were committed|jeged to have been spoken or writ- ‘which inveélves moral turpetude which|ten by the defendant concerning the would or might subject the plaintiff| plaintiff were true then their verdict to imprisonment, the malice of the de-| must be for the defendant. fendant, is implied and to enable theé| 4 If the jury find that the plaintiff to recover damages it 18 not| words spoken or written by the de- injury to the feelings of the. plaintiff,| David W. Avery Files in Bankruptoy. David W. Avery of Norwich, who conducted a lumber business in Boz- cluding real estate valued at $1, stock In trade, $25: accounts, $4 and $3.06 cash, New walks have been laid in fromt of the block on Otis street. ANNOUNCEMENT Having purchased the entire interest show that the defendant is a person | of Moses Charbonneau in the business of large property and if the jury find [ ;. etofore conducted under the firm stantial means and resources and the | Bame Ferguson & Charbonneau, 1 take pleasure in assuring those who in the past have favored us with their If the defendant is found to be a | patronage, a continuation of the same person of wealth, and exemplary or|jipera) service which it has always been our wish and endeavor to supply weighty to.have the effect upon the |and in affording to’all customers, both defendant which the jury intends that | old and new, every advantage to be derived from a complete stock of the most desirable merchandise, combined ing and influence and the words of a | with every possible effort in the direc- man of wealth carry more weight than | tjon of accommodation and satisfae- tion. Same old store, remodeled. Large er injury, while on the question of | addition to stock, particularly in the punitive damages it is obviously |jjpnes of Sterling Silver and Cut Glass JOHN A. FERGUSON Franklin Square Jeweler WE ADVERTISE EXACTLY s What You Cannot See a sult that you cannot see — their presence or absence is only manifest after long wear. Those things you ASSUME to be in your clothes if you buy them of a reputable firm, and you do get them if you. buy in this store. We have built a reputation or Quality Merchandise — a’ reputation like ours takes a long time to build, and is a very precious asset to us, but like most precious things, it is easily lost. So, we say again, you are safe in dealing with us. You'll get your money’s worth in our $12. Suits as well as our tween, necessary for the plaintiff to prove|fendant in regard to the plaintiff were actual malice. T ¥ Actual’ malice may be proved, how-| jury should find for the defendant even ever, in such a case for the purpose of | though they are satisfied that they true in substance and in fact then the enhancing or .increasing the damages,| words were spoken or written spite- Sth. fel” Bul v y and S}II Dorothy 7320. of e 2y fully and maliciously. X