The Bridgeport evening farmer., 1914-03-05
Main Contention Is That State Has Not Connected
 Mellen Directly
HUDSON REFUSES
 TO JOIN ISSUE
Special Demurrer Sets Forth 19 Counts Why Railroad
 Man Should Be Freed

fOTm6T PF0S1QOnI OQdF10S D. Meuen of the New Haven rail- road from being tried on the charge of criminal responsibil- ity for the Westport wreck, was taken today when Attorney Homer & Cummings filed two demurrers in the criminal sl1- perior court. One is a general demurrer containing but one paragraph but the Special de- murrer has 19 counts and gives that many reasons why the former president should not be held on the manslaughter charge. The main contention is that the state has shown nothing to connect Meuen di-' rectly with the wreck
 When arguments on the de- murFers were started this af- ternoon Attorney Cummings wan4ed States Attorney JudsOn to join issue. He had stated that the states information was insufficient to hold Mellen and he wished the state to declare the information sufficient. The states attorney would not agree to do this. Attorney Cummings said if was the custom in the Bridgepoft City Court to join issue on a demurrer but the states attorney replied that he, would have to be shown better authority than the City Court before he would agree to that view.
 Judge Futile stated that he was not sure what the practice was and he would look the mat ter ID before giving 8, decision. Attorney L. l. Nickerson of Cornwall then started the argu- ment to show why the demur- Ter should be sustained.
 The demurrers are as fol- lows:
 GENERAL DEAIURRER
 Sewing and reservdng all manner of exceptions to Irregularities. dAlegal1t1es and fnforma1ithes heretofore existing. kfle defendant, Charles Mel1en, in custody, defends, pleads and says that the said ir16oznatdon and matters therein contained are insufficient in la-w Whereupon he prays judgment.
 SPECIAL DEMURRER
 Saving and reservdng adn manner o1
  lies and fnformahties heretofore exsstdng. = t7e defendant, Charles s. Meaden. tn addition to the general de- pnurrer herein filed, specially demurs to the information and says tine same is insufficient in 1a;w and for causes lnr demurrer specially assigns fol-
 l. Ssand information fadas to state with sufficient certa5aty the mode and manner in which the decaased came to death
 2 Said information fails to state facts showing the commission of man slaughter by any act of the defend ant
 8. Said dnfornnaf1on does not state with sufficient certahnty the crime which it is alleged the defendant com unftted to enable the defendant to properly prepare his defense
 l In so far the information ad- 5eyes criminal negligence it is defec- Efve in that there are no allegations of any duty on the part Of the de- fetrdant with respect to the said Jane Doe and of a violation of such duty resulting in her said death.
 g. Said information does not fairly give to the defendant notice Of the Nacts which will be attempted to be proven against him.
 G. It in no way appears how or in what way or by what means the de- Pendant caused the said fire and smoke to come in contact with said Jane Doe.
 2. It does not appear in what way the defendant brought kept the de- ceased in contact with the said fire and smoke
 B. It does not appear by what means said fire or smoke was caused.
 O. It does not appear that the de- Rendaut in any way caused said fire or smoke
 10. Said information contains no a1- legation of amy act which the defend ant, Charles S. AgsI1en, president o1 the N r.. N H. & H- R. R. Co, did orspeFuftted which caused the said Jane Doe who was in g. car then burning to be chOked, suffocated or r,.u14ed eas in the infoETnation set forth
 H. It appears from the information &haH the Jazre Doe there referred to -gns by meaxrs Of the smoke and lsa..noa fl,sreof .hnked s11ffncafed and