The Bridgeport evening farmer., 1913-04-09
ATTORNEY HUDSON, SAYS ACCUSED
 ARE NOT RUNNING RAILROAD, BUT A
 MAD HOUSE, IF THERE ARE NO RULES
Counsel for Road Prepared to Contest Every Step of Tra pOTtant Victory for Railroad in First Ruling of Judge Greene --Att0Tney Pullman, Who Is to Assist Jud-
 son. Not Able to Be in Court


 entire day. think 80 minutes is enough"
 Judge Greene said, 'T will excuse the jury until 2 o'clock and request that they leave the court room.'
 Judge Greene also said he did not know how much time he would re- quire to decide after the arguments were concluded.
 Attorney Cummings opened his ar guments by saying, We now file sup elemental affidavit concerning our motions for separate trial"
 Attorney Judson opposed the filing upon the ground that it is by counsel and hearsay. The law does not re- cognize such statements. Judge Greene admitted the filing, marking it for Identification.
 Attorney Judson asked for pernnis- sion to examine MT. Carmalt upon his duties. Judge Greene said he would see the affadawit first. Attorney Cum mings by permission of court took up his argument upon the affidavit sub mitted. He explained the duties of Mr. EarmaIt ae not within the same scope as thoas of the other defend ants- Trial together would be pre- judicial to the others. The same con- dition applies to MT. Pollock, Wood ward and other defendants, he said.
 MT Cummings took up duty of each of the defendants to show that the
  ply to any of the others There is not a. single, duty of any of these men which falls on more than one of them at the same time. Any testimony against one would be prejudicial to the others, and although admissible against one should not be admitted against the others. Justice would be better served by trying separately, as it is peculiar situation.
 We believe the interests of Justice require a separate trial,'' he said. t'If we are forced to a joint trial your honor will see that which we have predicted. I don't ask more for them than for any other accused of crime. If what we say is true, they should be granted a separate triaL.''
 Continuing he said much of the testimony is known, is on record with the coroner, and much of it would be prejudicial to some of the defendants. He also took up the complaint in relation to duties of the ( officers, and it's connection with some of these matters has no rela- ton to the duties of some of these defendants. He said it is likely to be a long trial with much confusion of ters. The trial of one alone would be a simple matter, as no testimony not relating to that man could be presented, and the result reached more quickly.
 Attorney Judson said he would take no time in quoting authority as the matter is clear in this state and he is not concerned with other 5urisdic- tion. He. referred to recent murder case, the Sprague case, which brought up the same condition. 9th CTS were cited which went to su- preme court, which tribunal then de- cided that a court did not err in deciding for joint trials. In this case, it would be like throwing out of court to give separate trial All the responsibility for thousands Of lives is to divide the duties. It would be a traveety upon justice to so let them escape criminal prosecution. MT. Judson referred to a New York case, and then said that those who con tribute to substantial result should be joined The court can not be call- ed upon to show that death was due to anyone of the causes alleged. It was @ combination of causes, none Of them the sole cause.
 ''I will show this is the only rail- road in United States on which the engineer does not know of the pres snce of a crossover until within 150 feet of it."
 MT. Judson reviewed some of the things which the state will show con tributed to the result. 'Tt Is unjust to claim I should pick out the one particular agency which caused ieath,' said he.
 MT. Judson made a statement that counsel for defendants had access to authentic records of the corporation md ther efore that there was. no place or hearsay statements to the court. Attorney Boardman took exception, md other counsel excepted to state- nents.
 Further MT. Judson said it was i'm possible to try separately and specify ,articuIar cause of death.
 Attorney Cummings replied to the itations of other cases by Mir. Jud- on, saying they are not analogous to he present case. Judge Greene said t was not necessary to discuss the ase further when MT. Judson object d to MT. Cummings quoting from other cases.
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