Norwich bulletin., 1912-12-12
SHIFTING BLAME ONTO NORWICH
One Line of Argument of Defense in Sposwood Case-Su
 perior Court Judge Denies Motion Direct Verdict For Defendant-Arguments Fmshed--Case to Jury Today

The arguments in the trial of the Spottswood case in the superior court here were reached on Wednesday and all concluded. and in the claims of the defense 1t was shown that they were placing strong emphasis on their con- tention that the blame for the death of Starter Spottswood in New London by an electric shock on the morning of November 15, 1911 should really be shifted from the Connecticut com- pany to the city of Norwich. Attor- neys for the defense also tried to have Judge GhumWay direct verdict for the defendant, making a motion to that effect after the evidence was all in, but the judge denied the motion saying that tV grant 1t would in effect amount to a non-suit and that could not be admitted as there was suff1- cient evidence to make the case strong enough for the jury to consider.
 Wednesday morning when the court opened PatAolman Wilbur F. Lewis of Ocean beach, who was on the stand when court adjourned Tuesday, was called. He testified and then Attorney Christopher |. Avery moved that all of MT. Lewis testimony be stricken out, but Judge Shumway denied the motion.
 Patrolmap Lewis was followed by Berndt Erickson, John Sheehan, fore man at the trolley company's New London power house, Edward NJ. Ha- vens, engineer at the New London power house; Perry B. Kenyon, Charles R. Hart and Wilson Decker of New London. Supt. Bogus Testifies.
 Supt W. R. Bogue of the Norwich electric light plant was recalled and | testified that from 5 to o'clock of the morning of the fatal accident to 1 Spottswood the current on the Laurel Hill and Shipping street line was shut off because of trouble. John Hum- | phrey testified that three days after l Spottswood was killed fuses and a l high tension arrester were installed on a s, N. B. Co. telephone on the | other side of the same pole on which was the telephone that Spottswood was using.
 Argument for Plaintiff.
 Attorney Tracy B. Waller began the ] arguments for the plaintiff, speaking for 5s minutes before the noon re- l cess. He also took five minutes tt conclude after court came in after l dinner. The attorney claimed that tho jury should give Mrs. Spottswood dam. ages for the death of her husband ant that these should be in such an amour as would be equivalent to his earning power of at least $500 per year an( with the expectation that he woule have lived from B to S4 years.
 Argued for Defense.
 c. B. Whittlesey made the first ar gument for the defense. speaking fo
 4S minutes. He disputed the clain of the plaintiff that arresters for cleo
 tricai currents were in general US
 on outside telephone lines in a lik situation and if so installed on tn
 telephone Spottswood used would hay
 saved him from death. The approx
 innate and moving cause, he argued
 was in the conditions in Norwich a
 Shipping street in having a line s
 installed as to make possible condi
 tions that no one could foresee.
 the mere fact that the telephone with
 out an arrester was a condition tha
 allowed the current to reach Spotts
 wood. the city of Norwich was still tn
 approximate cause and culpahle.
 In the second argument for the de
 fense, Attorney Michael Kenealy en
 larged upon the obligation of the com pany towards Starter SpottsWoot , which he said was fulfilled when
 had exercised reasonable care befor
 the accident in providing him a req onably safe place for his work. H put the real blame upon the saggin