Norwich bulletin., 1913-12-18
TRIAL PROCEEDING WITH
 ELEVEN JURYMEN. James WeIch of Sprague Taken. Sick and Has to Be Excused in Superior Court

The trial of the case of Joseph NoVy against the Breakwater company, ,whiCn operates quarry near the navy yard to recover damages of $15.000 for in juries to his right leg, while employed by the company a year ago, was start ed in the superior court here WedneS- day morning. The injury was caused bya large stone rolling off pile near which Novy was at work and striking his right leg.
 James Welch of Sprague, one of the 12 men on the jury, was taken sick with stomach trouble, it was under stood and shortly before 8 o'clock a short recess was declared at his re- ! quest When court came in again in about 10 minutes, he took his place with the jury again, but after a short while longer he had Deputy Sheriff Herbert B. Draper send word to Judge ShumWay that he could not sit on the jury any longer because of his illness.
 The sick juror was excused and left the room, and the attorneys agreed to go c- 7sirh the case with II jurors.
 The plaintiff is represented by At tornevs Perry J. Houandersky and Charles B. Whittlesey of New London, and Attorney Seymour Loomis with F. J. Mcmahon Of lew Haven appeared for the defendant.
 The first witness called in the morn
 
 stand all the morning and part of the afternoon. He is a Bohemian and un- able to speak English and an interpre- ter was necessary. NJ. L. Ma1inoWsky of New Britain was the interpreter
 NoVy said he was B years of age and was born in Bohemia, where he had a wife and two children. He is at present living In New York, but was residing in New London when the acci- dent occurred. He testified that on the morning of the accident, which was Nov g, 1912, he went to work at ' o'clock An hour later, while working at the base of a pile of stones about i5 feet high. one of the stones became dislodged and rolled down the pile striking him and crushing his right leg. He was taken to the office of the com pany, where he received medical atten- tion.
 Later he was in two hospitals in New London and was three times op erated upon for necrosis of the bone. He now walks lanie
 Dr. Edmund P. Douglass testified to treating Now and to two operations that had been performed, the last time using a chiSe1 and hammer to remove pert of the bone of the leg. The wound has hardly healed up to the present time he said.
 When court came in after dinner the plaintiff was taken into an anteroom, where HIS 1nJufeQ leg was eAdnllneQ Dy LF. c. s. Allyn, Dr. l.. ". Bacon of New Haven, Dr. Rush W. Kumbail of this city and pr. Harry M. Lee Of New Lbndon.
 pr. Allyn testified to the injury to the leg when the trial was resumed again.
 tDr. Harry M. Lee of New London. wlo was the attendant surgeon st tha New London hospital to which the injured man was taken, testified that MT. Novy was still liable to have psin in the leg with changes of the weather and he thought it would be al few months yet before the injured man could be said to be at his reg uhr efficiency The doctor said he thought the man ought to be well sfne day and he did not believe the injury was permanent. He said >that tfe hospital bill was something over $E50 and that MT. Novy was dis charged from the hospital against the dtctor's advice, because the Break Water company. which was respon sible for the bill, was anxious to hive him discharged and requested It.
 Anthony Menghi who is employing ss