The Bridgeport evening farmer., 1913-04-09

At the request of States Attorney Stiles Judson the trial of Horn, Pol lock, Woodward and CarmaIt has been carried over to the May term of 1 the Criminal Superior Court. This | action followed the ruling of Judge | Greene for separate trials.
 Counsel for defense asked for a re- i cess to consider this new aspect of the case, fntimating they might move for an immediate trial.
 After the recess there was some de- l lay owing to the absence of State At 1 torney Judson who could not be To- cated in the building when Judge Greene took his place upon the bench. After waiting a few moments a recess was declared, Judge Greene desiring | to be notified when MT. Judson was | found. Mir. JudSon appeared at 2:15. MT. JudSOn addressing the Court i said: Under the course this matter has taken I shall desire a reasonable l time i'm which to prepare other i'm 1 formation and ask Your Honor for other bench warrants. I need some time for the careful prepara ton of such papers. am going to ask Your Honor to excuse the jurors, the clerk to notify them what date to come in and to adjourn court until Friday morning for the disposition of other business.'
 MT. Judson said it was his inten-
 
 May term of court. In reply to MT. Cummings he said he had not decided whether to nolle the present charges.
 Consultation of counsel for the de- fendants was followed by a request for recess which was granted. Separate trials for the four defend ants charged with manslaughter as being responsible for the wreck of an express train at Greens Farms last October were ordered by Judge Gardiner Greene in the Superior court today following several hours of ar gument between counsel for the de- fendant and States Attorney Judson. Both sides fought the question to finish, but Judge Greene finally de- cided that the interests of the defend ants demanded that they be tried separately, that none be jeopardized by testimony in the case which he did not apply to himself, but which would affect the decision of the jury.
 The four defendants are Henry J. Horn, vica-president of the railroad company; Benjamin R. Pollock, and Clayton N. Woodward, superinten- dents, and Lawrence J. Carmalt, en- gineer in charge of maintenance of
 way. They are represented by At torney Homer s. Cumings of Stam- ford; Attorney W. B. Boardman Of this city, Attorney Spottswood D. Bowers of this city and Attorney L. J. Nickerson of Cornwall. Attorney Judson is assisted by Attorney Galen A. Carter, and City Attorney John s. Pullman, although the latter who is i'll has not yet appeared in court.
 The entire morning session of the court was taken up with the argu- ments upon the motion for a separate trial, the contention being that the duties and responsibilities of the diff ferent officers accused were different and that a oint trial would act to the detriment of some one or more of them, as the responsibilities are not the same. During these argu- nents at the request of Mr. Cum mings the jury was excluded from the building and excused until 2 o'clock this afternoon.
 The affidavit of the defense re- l Iating that there is no record extant i in written form prescribing the duties of the various officers of the Rail- ] road company drew from the States , Attorney the statement that if true | they should be enjoined from doing | a railroad they were running an in ! sane asylum. He contended that there is such a definition of the du- ties. The reply of the defense is that they are informed that none can be found. The arguments were spirited at times although there was no real clash or fireworks.
 Judge Greene seemed to be anx- ious to find out the exact status of the different defendants, but said in ruling upon the motion that it was not the practice of the courts of this state to take evidence in such a mat ter, although MT. Judson asked for opportunity to present such evidence.
 Attorney Judson was given an op- portunity to submit an affidavit in rebuttal of the one from the defense, but the court seemed to believe the of the defendants demanded a separate trial and so ruled. Recess for lunch followed the ruling.
 Stiles Judson said in interests of time arguments on demurrer are re- petition, and asked that they be cur tailed. Attorney Cummings said there was no desire on his part to make them long. He was going to suggest that ury bel excused until tomorrow.
 MT. Judson said, "It doesn't seem possible the arguments will take the