Norwich bulletin., 1913-04-09
Trial Opened by
 A Legal Battle
DEMURRERS AND MOTIONS FOR
 RAILROAD MEN,
MANSLAUGHTER CASES
Separate Trials Sought by Four Rail- road Officials Indicted for Westport Wreck-One Motion Denied.

Wreck-one Motion Denied Bridgeport, Conn.,, April S--The trial in the criminal court. before Judge Gardiner Greene of the four indicted officials of the New York, New Haven and Hartford Railroad company, charged with criminal negligence for the loss of life in the Westport wreck, last October was started today, and gives promise of being long drawn out legal battle. Although the jury has
 been called for tomorrow morning, it is doubtful if the selecting of the jury will come until near the close of the day, if then.
 Demurrers and Motions.
 The three hours that court was held today were taken up with the present. ment by the defendants of eight sep arate pleadings, of which four. are separate demurrers of each of the four defendants: special joint demurrer elect which of the four counts will be taken up first; motion for a specific statement of facts and motion for a separate trial for each of the four of- f1cials.
 States Attorney Stiles Judson strong ly protested against all the pleadings, claiming that the railroad had already had ample time in which to prepare it's case, the original indictments having been made last December and amended indictments in February.
 Court Denies One Motion
 The state won a point when Judge Greene denied the defendants motion Judge Greent granted conditionally the defendants motion for a more specific statement from the states attorney. As court closed for the day arguments were being heard for the motion for separate trials.
 Court opened promptly at o'clock. and a few moments before the four defendants entered the court room, accompanied by counsel. The officials are: Vice President Henry J. Horn, Supt Benjamin R. Pollock,C. N. Wood ward, formerly superintendent of the Shore Line division, and Laurence J. Carmalt, engineer of maintenance. They are represented by counsel as follows: Homer c. Cummings of Stap- ford, L. J, Nickerson of Cornwall, Will liam B. Boardman and Spotswood D. Bowers of Bridgeport. States Attor ney Judson is assisted by Attorney GaIen Carter of Bridgeport.
 Court Decides to Hear Motions.
 Mir. Cummings at the outset an- his intention to file the varf- ous pfeadings, and States Attorney Judson was on his feet with a vigorous protest He pointed to the array of for the defendants, said they had been at work upon the motions for long time, and now, almost at the last moment, had given notice of their He said he had not receiv- ed his notice until last night
 MT. Cummings in reply said that the had not decided on the mo- tons until lately. After some spirited MT. Cummings, Judge Greene ruled that in a case of this character the 1 motions should be heard.
 State Scores Victory.
 The defendants counsel then filed l he pleadings. The first motion taken | ID was that of the right to elect which l of the four counts should be taken up | first. Judge Greene declined the de- | 'endantS' motion on this point, @. vic | -ory for the state. On the motion for 1 more specific statement there was a l spirited interchange between Attorney 1 3Oardman and the states attorney. 1 Both retorted with sarcastic remarks, 'emind them not to wander from the 1 point at issue.
 4 Dramatic Moment
 There was dramatic moment when fr. Judson commented upon the roads 'ffer of a reward of S10.000 for the discovery of a workable automatic top Said he: No one will be able to I zine Mir Me1len vii find the auto ratio stop after the state gets through 1 nan, he said: What do you say to har?"
 NIT. Cummings was on his feet in an with this case" Turning to MT. Board instant. saving that the court should ules this remark out, for while the ury had not yet. been selected. there re newspaper reporters here,' and published accounts might prejudice l minded the attorneys to stick to the ase."
 Not Fair to Try Officials Jointly
 Mir. Cummings took up his argu- 1ent for separate trials, quoting at reat length from decisions in Califor- ia and other states MT. Judson ob- ected several times, until finally MT. ummings turned to the state attorney nd said: If you want to go ahead nd make a speech, why I'll sit down" MT Cummings continued to read oth- r; decisions, Judge Greene taking otes. You can't try these four men oint1y, your honor" he said "and get OH will regret it." He said the evf- ence in 3, case where four men, with ntire1y different duties, are tried ,intly. the evidence will be prejudicia1 } some one of them.
 Still Arguing at Adjournment. MT. Judson in reply said that the Ile regarding joint trial is the same all jurisdictions. He said as far as ie duties of the officers were concern l, they could be easily ascertained om the companys records in New aven At o'clock MT. Cummings was quot g other decisions, and announced lat considerable time more would be Lken up along this line. Judge Greene len adjourned court until 10 o'clock morrow morning. Seventy-hve talesmen have been lmmoned for jury duty tomorrow. { OY RAN INTO PATH i
 OF AN AUTOMOBILE '