Norwich bulletin., 1918-03-20
START TRIAL OF
 s4D,o0e DAMAGE SUIT. ---~.----.----- Henry c. Weaver Tells of Condition ei Cady Building Years Ago.

Peter r. Huber and w. Frederick Chittenden, partners in the firm Of Huber & CT1ittenden, dry goods mer- chants. appeared before Judge Gardf- ner Greeneeand 8, jury in the superior court at New London Tuesday morn ing. asking $40, ,0o0 from H R. Douglas, Inc, and D. S. Marsh of New London for damage to stock of their store by reason of the collapse of the Cady building in State street, New London, on, June 1e, 1917.
 It is claimed that the collapse Of the structure was due to the razing of the building adjoining and the excA- vating incident to the erection of a new building for D. s. Marsh by H. R. Douglas, Inc The claim is made that the tearing down Of the adjoining building and the subsequent excavation so weakened the Cady building that it collapsed.
 Attorneys in the Case. Huber & Chittenden are represent ed by Judge Charles B. Waller of the court of common pleas, Attorney Christopher L. Avery and Attorney Arthur B. Callsins Attorney Nathan Belcher is counsel for IT. R. Doug las, Inc, Attorney Charles B. Whittle- sey and Attorney Allyn l.. Brown of Norwich appear for Marsh, and Attor- ney Hadlai A. Hull is looking after the interests of Frederick W. Mercer, re- ceiver for H. R. Douglas, Inc. A jury panel of S4 was called in for the case and after the challenges and excusing from duty for various req sons there were 13 jurors left. Samuel l Holloway and A. 1T. Hale of New Lon 1 don, Birt O. Fowler and George H i Dunl1aIn of Groton were eNeused by I the court prior to the calling in of the jury. After the attorneys had stated the nature of the case to the jury, C. E. Fitch of Groton, Walter Scott oi East Lyme and John J. Doyle and J f E. Powers were excused for business Eeasons and on account of illness ir 4the family.
 Open Challenge of Jurors. Counsel agreed. that there should bt open challenge of jurors, which is ar unusual proceeding in civil case, ant it met with the approval of the court Attorney Avery challenged William c. Beebe of Waterford, Alvah Morgan of East Lyme. Martin o'Keefe of New ELondon and Avery Main of Ledyars for the plaintiff, and they were ex cused.
 l Attorney Belcher, for the defendant
 
 Richards and James MarooneY, Jr., 0 Waterford and Latham E. Smith q Ledyard.
 Attorney Whittlesey then arose [, challenge jurors under an interpreta tiOn of the statute that each party I1a permission to challenge four and wa met by an objection from Attorne,
 Avery, who claimed that although tn statute states that each party cal challenge four jurors, the word part
 means plaintiff or defendant, permit
 ting eight challenges all told, and tn fact that theres was more than on
 person in the party made no differ 1 ence. Judge Greene overruled the ob jection, however, and Attorney Whit l tlesey challenged Richard Beach c East Lyme. Mason M. Miner of Grotol and Wilson Carroll of Waterford, an
 they were excused.
 In eorder to protect his rights, At Etorney Avery claimed the right t schallenge four more jurors, and ad dressed a motion to the court to tha
 effect, but Judge Greene denied tn
 motion.
 Men Who Will Try Case.
 Vita the completion of the chal
 longing of jurors there were 13 juror Eleft on the panel, and Clerk George f Parsons was instructed to draw on ffiame. He drew the name of Ere IDervin of Montville.
 II The F jurors remaining to try tn
 case are Delmore P. Carter and J. I Bailey of Groton, Dwight Kelsey Jc sepF ". Smith and Edward B. O'Brie
 of Montviile, Fred w. Turner and Ed . mund H. Lamb of Ledyard, James I . White, Harry B. Morton and H. l | Fuller of East Lyme, Leonard William
 and Edward Sanders of Waterford. Testimony is Started. Henry C. Weaver, one of New Lor : don's oldest residents, was the fir. 5 witness called, and he testified to tt z condition of the Cady building in 1S4 1 as he recalled it.
 Richard B. Wall of New London tes I tified as to making many researchs 5 of a historical nature in New LondS y and he told of conversations he ha e had with -Sabin Smith, former own, ,. of the Cady building, and of what knew about it's condition personally. c Charles c. Perkins was the ne,
 witness and he testified as to the COT r dition of the Cady building when S conducted a clothing store in the Srni n building which was torn down for u I creation of inc Marsh 4.lfildiup