Norwich bulletin., 1913-04-10
Sudden Halt in
 Railroad Cases
GO OVER UNTIL MAY AT RE-.
 QUEST OF THE STATE,
FOR SEPARATE TRIALS
Motion of Defendants Granted by the Court and Request for Continuance Resuits-Hot Legal Battle.

Bridgeport. Conn, April e.-The trial of Vice President Henry J. Horn Superintendent Benjamin R. Pollock former Superintendent C.. N. Wood ward of the Shore Line division and Engineer of Maintenance Laurence ! Carma1t, officials of the New York New Haven and Hartford Railroad company, charged with crimin a4-negli- gence as the result of the fatal wreck at Westport last October came to a sudden halt in the criminal superior court this afternoon, when Judge Gar diner Greene granted the defendants motion for separate trials.
 State Caught Unprepared.
 Although this motion was regarded as the turning point of the preliminary most exhaustive arguments. 1he state was evidently unprepared for such a turn in affairs. Judge Greene's de- ciston came Just before court adjourn States Attorney Stiles Judson asked for a continuance until the May term as he wanted time to consider what action he might take further.
 Case Continued Until May.
 Do you intend to nolle the cases :'' asked Homer $. Cummings, one of the counsel for the defense.
 T have not yet determined that point" said MT. Judson.
 After 8 conference between the states attorney and counsel for the defense, over minor points at issue over the various denurrerS that have been partially argued, MT. Cummings reluctantly agreed" to continue the case and Judge Greene so ordered. The seventy-five talesmen that had been summoned, were dismissed until fur ther notice.
 Stubborn Legal Battle.
 The order for separate trials for n he dafR qf ter a stubborn legal battle that start ed yesterday afternoon and continued all during the morning session. The lawyers for the defense took many ex- ments that involved long technical States Attorney 5udson contested every inch of the way.
 Lawyers Not Employed by Road.
 Several interesting points were brought out in the trial. One was-that the four lawyers representing the de- tense were not employed by the rail- road, but by the individuals. This was disclosed when States Attorney Judson pointedly remarked that they were in the employ of the road.'' Each of the four lawyers, Attorneys Bowers, were on their feet at once with vigorous protests. Individually hey asked to have the remark strick- en from the records, and MT. Kicker
  and untrue
 Existence of Printed Rules Denied.
 Another interesting point was in re- gard to the duties of the four officials. Mr. Judson charged them with "con- ealing the records of the company vhen they declined to disclose the printed rules of the road, showing specifically the duties of the defend Lnts. Counsel for the defense denied hat records had been concealed and Llso denied that such rules existed.
 This statement caused MT. Judson 0 exclain, This is preposterous." Attorney Boardman evidently antici 'ating such & move then read @ per- onal affidavit which in effect declared f no written rules existi7ss, explicitly the duties of the various off CTS.
 Separate Triais Ordered. MT. Judson met this affidavit with 1 he remark that he would file an aff1- l avit opposed to the one just sue i nitted, and he added: Mine is just 1 s good as his.'' After the affidavit 1 I the further arguments of MT. Jud- l on that the duties of Messrs. -Iorn 1 'ollock and Woodward were identical 1 ] scope and differed only as to per ] onal authority.
 This was what counsel for the de- | anse had virtually contended and MT. 1 was quick to inform the i ourt to that effect. He said MT. Jud- 1 on'S affidavit destroys the force of is arguments. Judge Greene then rdered that the defendants be tried | aparate1y
 While MT. Judsen declared in court nat he might possibly decide to issue ther bench warrants, 1t could not be 1 earned tonight whether or not he -ould do so.