The Bridgeport evening farmer. [volume], April 09, 1913, Image 1

About The Bridgeport evening farmer. [volume] (Bridgeport, Conn.) 1866-1917

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VOL. 49 NO. 85
BRIDGEPORT, CONN., WEDNESDAY, APRIL 9, 1913
PRICE TWO CENTS
CONNECTICUT
DELEGATION IS
BUSY ON TARIFF
hots Fired At
Buffalo Militia
In Gar Strike
PROBERS LEAVE
CASE OF JUDGE
Witnesses Say
Fay Boy Ran In
front Of Auto
GRAVE REPORTS
OF CONDITION
TO AUTHORITIES
MORE WARRANTS
FOR RAILROAD MEN
OF POPE PIUS
Thousands of Pilgrims
Each Congressman Is
Studying Bill's Lo
cal Effect
Hundreds of Telegrams and
Letters Pour Into Washing
ton From This State
(By Our Washington Corres.)
Washington, April 9 The members
of the Connecticut delegatlo in Con
gress received hundred3 of telegrams
and letters yesterday and today pro
testing against various schedules in
the Underwood tariff bill. All of
these messages will be taken into
caucus today and used in support
of certain amendments that will be
sought.
Mr. Donovan is especially interest
ed in the schedule on hats, and it
is understood that he is equipping
himself to stand by the machine tool
industry. He entered the oaucus to
day loaded -with facts and figures to
show that the committee which tram
ed the tariff bill that the cut on hats
was too great. It is understood that
he will show that the excuse of
the ways and means committee that
it had reduced the raw material us
cd in hats is not suffiicent to justify
the reduction made in the tariff on
the finished product. He is said to
be able to show that the cut in raw
material amounts to only 11 cents
dozen "while the reduction on the fin
ished product amounts to $1.20 a doz
en. All the members of the Connecticut
delegation decline to give an opinion
as to the merits of the tariff bill as a
whole, and It is said that the entire
New England representation is likely
to make an effort to secure an in
crease in the duty of a number of
manufactured articles, being willing
to strike A bappy medium between
the rate of the present tariff and the
rate of the- new tariff.
Representative Thomas Z,. Reilly
Eiid: "This is a very complex meaa
tire and I So not care to express my
opinion of It until I have had suf-
fioient time to study it."
Congressman Bryan F. Man an said:
"At first sight I did not think that I
liked tbe wool schedule but the more
I study it I am inclined to think
that it is not as bad as I first
thought. He said that he would
probably express himelf more fully
when he had had an opportunity to
compare the Underwood and Payne
bills.
Representative- Donovan said that
he considered an injustice had been
done hafe makers and that he would
seek to have the bill amended in oau
cus.
Representative Augustine J. Lon
ergan of Hartford is busily engaged
in studying the -bill by comparing it
with the Payne bill. He will say
nothing until he learns to what ex
tent are the industries of his district
affected
Representative William L. Kennedy
of Naugatuck declies to discuss the
bill at this time and desires to ascer
tain haw the industries of his district
are affected.
One of the Represenatives of a
Connecticut industry who is here
claims there is a "joker" in the bill
whereby an additional 6 per cent
duty is to be added. The measure
provides that goods imported in
American bottoms shall be admitted
at five per cent less than if in for
eign bottoms.
After the president had finished
reading his message to the joint
Houe and Senate the House adjourn
ed until Thursday at noon. This is
believed to indicate that the Demo
cratic tariff caucus will hold over
until that time.
Mc'Iiean's Medal Measure.
Senator McLean Introduced in the
Senate yesterday a bill to give med
els to the survivors of the storming
party at Port Hudson. La., in July
S?63. This charge was led by Col.
H. W. Birge of the 13th Connecticut
Volunteer, and consisted of volun
teers from the lith, ' 35th and 13th
Connecticut . regiments.
Sixty Hoot Postal Cars.
The post office department has au
thorized the use of postal cars 60 feet
long on the route between New York
and Boston, to take the place of the
6 foot cars now in use. Postal cars
that are 50 feet in length are author
ized between Xew York and New Ha
tren and between Springfield, Mass.,
and New Haven.
Frier "Would Be Went Pointer.
James Henry Frier, of Fairfield, a
eon of Major Frier, IT. S. A., and a
descendant of the Hewitt family which
formerly resided in Golden Hill street,
Bridgeport, called upon members of
the Connect' . delegation yesterday
seeking an appointment to West
Point.
Miss Julia Kennedy is acting as
Clerk to her father. Congressman Wil
liam L. Kennedy of Naugatuck.
Who'll Get Chandler's Place?
Members of the Connecticut dele
gation are wondering if the Constitu
tion State will get the place on the
Industrial Commission that was to
have been filled by George B. Chand
ler pf Rocky Hill, Connecticut. Al
though Mr. Chandler got the appoint
ment the same was never confirmed
by the Senate. The position will now
go to a Democrat.,
RdUy's Petitions.
Representative Reilly presented in
he House yesterday the following
petitions:
From the New Haven Chamber of
Commerce protesting against the leg
elation consolidating the customs dis
tricts in the State of Connecticut.
From the Ladies Auxiliary No. 45,
National Association of Letter Car
riers, favoring the passage of the1
Hamil bill, providing a pension for
'Continued on Page Two) ,
'Buffalo, April 9 A special detail of
mounted scouts of the 74th regiment
under command of Sergeant B.
Ward Ruhl, called to duty in the
trolley strike, was fired upon at the
corner of Niagara and - Tonawanda
streets, today. The militiamen charg
ed the crowd but did not capture the
men who fired the shots. No one was
injured. i
Two thousand members of the 4th
brigade of the national guard were
quartered in the armories at day
break. An additional 1,000 of the 3rd
regiment brigade, with headquarters
at Rochester, and separate companies
at Syracuse, Elmira and other wes
tern New York cities were enroute to
Buffalo.
Brig. General Samuel M. Welch de
cided to keep the guard in the arm
ories until (the local regiments had
assembled and a a result the rail
way made no attempt to move a car
on any line in the city in the early
hours of the day.
Mayor Mann's efforts to bring
about a conference between a com
mittee of the strikers, and the rail
way officials, have thus far proved
futile, President Connelle, of the In
ternational Railwayman and other
officials being unable to agree.
The first details of soldiers were
sent out from the armories at 8
o'clock. Squads patrolled every block
along the carjines in the downtown
section of the city. ,
RESPITE FOR
"CHICAGO JOE"
The arguments before the Supreme
court in the case of Joeeph Baonomo,
under sentence of death for the mur
der of Jennie G. Cavalier! and who
was to have been hanged this week,
have gone over until the June term.
An appeal in the matter was taken.
which serves as a stay of execution
State's Attorney Ju-dson la engaged in
the railroad cases in the Superior
court and could not make his argu
ment in the Supreme court which is
now in session here and before which
the case was scheduled for 'tomorrow.
RELIEF FUND NOV
T0TALS$I2,355.8I
Churches, factories and large mer
cantile houses throughout the city of
Bridgeport, stimulated by the scenes
of suffering depicted in print and pic
ture of the Dayton and surrounding
flooded section, continue to contribute
with unabated generosity.
Unexpectedly large figures have been
attained by the Relief Fund, which to
day totalled $12,356.81, and it is now
believed with the rapidly increasing
donations the $20,000 'mark; will be
reached. .
Yesterday's receipts are as follows.
$10,913.07 having previously been re
ported:
MacKeiuiie Bros., $
Hawthorne Mfg. Co. and em
50 00
ployes,
111 05
R. T-. Wlhiting,
People's Presbyterian Church,
5 00
4 00
25 30
907 84
6 00
5 00
25 00
100 00
77 50
100 00
26 05
Lund's South End Theatre,
The Bridgeport Post Relief
Fund,
Cash,
Cash,
W. C. Bryant,
Bryant Electric Company,
Employes of The Bryant Elec-
tris Company,
Park Street Congregational
Church,
Employes of The Bridgeport
Hardware Mfg. Corp.,
Total,
$12,355 81
Vast Quantity Of
Cocaine Seized
In San Francisco
San Francisco, April 9 Eight hun
dred pounds of cocaine, contained in
four trunks and said to be worth $50,
000, were seized in a downtown hotel
by the police, last night.
The police believe the drug was
smuggled in from Mexico. Edward
Arlington, who at the time of the
seizures, was being held on a charge
of obtaining money by false pre
tenses, is the suspected smuggler and
facing the new charge. All of it is
in bottles which bear the name of a
Montreal, Canada, chemist.
DRASTIC ORDER ISSUED BY
ST. PETERSBURG POLICE
St. Petersburg, April 9 The prefect
of police, today, issued a drastic or
der prohibiting meetings of all kinds
and also street demonstrations likely
to disturb public tranquility.
The prefect declares that this reg
ulation is binding on the whole of the
population of the Capitol and that
the most rigid measures will be tak
en to prevent disorder.
The Novoe Vremya, criticises the
action of the police as showing a
complete absence of sequence and
stability in the policy of the govern
ment.
The constitutional-democratic Rech,
while continuing to charge the na
tionalists with working on the lower
instincts of the crowd, deplores the
employment of dilatory methods.
INSPECT NEW YORK PAVEMENTS
Mayor Clifford B. Wilson with Di
rector of Public Work Jacob A. Coar-
tade have visited New York upon a
tour of inspection, to ascertain the
relative lasting qualities of wood
block pavement suitable for use in
the streets of Bridgeport.
Report, of Alleged
Bribery Scheme Is
Filed
Committee Points Out Olssim
iiarity of Testimony and Leaves
Conclusion to Senate
(Associated . Press ' Dispatch to The
Farmer.)
Hartford, April 9 The exoneration
of Warren Brothers Company of Bos
ton, and former Highway Commis
sioner Macdonald from any complicity
in the matter and the decision- by the
committee "not to express any final
conclusion upon the charges and state-
merits in so far as they particularly
pertain to John A. Judge," is the gist
of the report of the Senate committee
appointed to investigate the charge of
Senator Hurley of Waterbury that he
was offered $300 by John A. Judge, of
Bridgeport, . a representative of the
Warren Brothers Company, to remain
away frojri the Senate chamber when
the vote on the appointment of
highway v commissioner was taken.
The report also says that "the testi
mony submitted in certain of its moat
important essentials was seriously in
accurate and unreliable."
The report of the Senatorial commit
tee was presented by Senator Isbell,
the chairman of that committee, to
day, it was read in full by Senate
cierk and then ordered printed in the
journal without comment.
The committee's reason for failing
to" give a -final conclusion on the
charges against John A. Judge, who
refused -to appear before the commit
tee, is that "on account of such ex
parte feature of the inquiry, and be
cause, final jurisdiction so far. as John
A. Judge is concerned, appropriately
belongs, .not to the Senate, .but to an
other governmental ; department, - the
proper officers, of. ,which pursuant to
authority granted" the committee, have
been furnished with copies of the tea
timon.JvHht.rofore. in order to avoid
unnecessary prejudice and embarrass,
ment to either or such other; depart
ments or to. the accused), we have de
cided not to express any final conclu
sion upon the charges- and s'fcatem-ents
in so far as they particularly pertain
to John A. Judge."
In exonerating the Warren. Brothers
Company the report says that the
company "in ' a perfectly -frank, open
and straightforward manner" submit
ted dkeumentary evidence to the effect
that John A. Judge did not conduct
any of the negotiations between the
firm and the Highway Oommisioner's
office involving contracts for $375,000
worth of work, and that the company
believes that Judge was solely in Its
employ and had , no other interests.
The report says: "We find no evidence
which justifies any reflections upon
Warren Brothers Company. We are
convinced from the testimony submit
ted that they are blameless in the
matter, and that any insinuations or
statements reflecting adversely upon
them are absolutely unwarranted."
In finding the highway commissioner
(Continued on Page 4-
STOCK EXCHANGE IS BROUGHT
INTO CASE AGAINST STILWELL
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'-" mast 'staaj. "'"jjuuu ' "
Albany, N. Y., April 9 State Sena
tor Stephen J. Stillwell went on trial
before the Senate Judiciary commit
tee charged by George H. Kendall,
presided of the New York Bank Note
company, with attempted extortion of
bribe money for the passage of bills
preventing the New York Stock Ex
change from freezing Kendall's com
pany out in engraving stock certifi
cates in favor of the American Bank
Note company. Denial was entered
by Senator Stillwell. The case arous
ed much interest because the Stock
Exchange was brought into the mat
ter.
COTTON OIL PLANT BURNS
Little Rock, Ark., April 9 The
plant of the Rose City; Cotton Oil
Company, 2 miles east of Aregenta,
across the river, from Little Rock,
was destroyed by fire, early this morn
ing. The loss is estimated at $200,
000. The origin of the fire has not
been determined.
I
The second boy to be killed upon
the streets of Bridgeport within the
past few weeks as a result of his
running in front of an automobile,
if the evidence of witnesses is veri
fied by the coroner, was recorded yes
terday in the death of six year old
Joseph Patrick Fay, 40 West avenue.
According to the records at police
headquarters the boy had returned
from school and was playing upon
Park avenue near the railroad via
duct when an automobile containing
Richard Keating, of Milford, chauf
feur, and Forest. Benjamin, a passen
ger, traveling north on Park avenue
at a rate of about 15 mi'es an hour,
passed beneath the railroad and the
boy heedlessly ran from behind a
wagon.. The right headlight struck
the child knocking it beneath the
large touring car which is owned by
Grinnell Martin, of Milford.
David Hickland, 92 Cannon St., a
witness, ran forward and picked up
the unconscious child. The emer
gency ambulance being out upon an
other call Keating conveyed the boy
to the emergency hospital where Dr.
Arthur Scrimgeour and Pharmacist
Thomas Cox transferred the patient
in the patrol wagon to St. Vincent's
hospMtal where death came a few
minutes later, probable fracture of
the skull and dislocation of the neck
having resulted in the collision.
Keating, placed under arrest, was
imedlately released upon $500 bonds
to await the result of a coroner's in
vestigation. A technical charge of
reckless driving was made at police
headquarters by Patrolman Lariin.
Bonds were furnished by Grinnell
Martin, the employer of the chauf
feur. '
Inquest Into the death of Joseph
Patrick Fay will be held in the office
of Coroner J. J. Phelan tomorrow
morning at 10 o'clock.
CITIZENS OBJECT
TO HOTEL LICENSE
IN EAST NORWALK
Efforts of Cast Norwalk citizens to
prevent the East Side Hotel from ob
taining a liquor license transfer . were
renewed before Judge Bhuranway in the
Superior court, today Mm ,Rj.b g mSi tZt ha5
IHommedieu's appeal front the coun
ty commissioners was heard. Mary
E. Layden conducts the hotel and she
has figured in many remonstrances in
the past. The present remonstrants
object on the ground that there are
already too many saloons in . the
neighborhood.
Some time ago the county commis
sioners determined to clean out sev
eral of the saloons on the Washing
ton street bridge. Mrs. Layden was
the only one to escape and as the lay
out of the bridge was changed she was
granted permission to move about 200
feet away. A church society had
bought land near the new saloon loca
tion and there was a remonstrance
filed. Alter hearing the. evidence.
however, the conjwnissiomers granted
ma iransxer.
It is claimed by the remonstrants
that the hotel is out-side the police and
flrei limits. A number of citizens
took the stand this morning and testi
fied in favor of the transfer.
Alleged Express
Thief Remanded
in S3, 000 Bail
Solution of the mysterious disap
pearance of $800 in currency from a
package in transit by Adams Ex
press during the month of February,
1912, resulting in the wholesale dis
charge of employes under . the cloud
of suspicion, has been solved by lo
cal detectives and express officials
after the case had been dropped by
the private detectives employed.
Arrest was yesterday made in Bal
timore of Louis Krataf el, 431 Hollis
ter avenue. Formally charged with
the, theft this morning he was held
by ' Judge Wilder in the city court
under bonds of $3,000 for a hearing
on April 16.
The incidents attending the loss of
the $800 were published at the time,
as numerous discharges among those
in the cashier's department of the
Express company followed and train
ed detectives were brought into the
employ of the company. The manner
of theft was unknown until at the
instance of agent Samuel Driver, re
cently assigned to the Bridgeport of
fice Detective Edward Cronin was put
upon the case. .
Many of the former employes move
ments were traced until it was found
that Kratafel during the summer of
1912 had lived lavishly in Danbury. A
closer scrutiny of his "work and hab
its assured the department that they
were on the trace of the guilty
man. This was further confirmed by
remarks which the prisoner had drop
ped before leaving Danbury to enlist
in the army.
It is said that a confession has
been obtained showing that, on the
night of February 25, while a sealed
bag containing a large amount of
government bills was lying in the
Brideport cashier's office Kratafel
undid the seal, abstracted but one
package of bills consigned to the
Birmingham National Bank, at Der
by, resealed the package and sent it
on its way the following morning.
The arrest and confession of the
prisoner will be pleasing news to the
many friends of employes -who were
placed under suspicion since the rob
bery.
PROGRESSIVE CLUB.
The Progressive Club will meet to
morrow night in the Plaza Theatre
building and discuss various matters
of political interest, including "Pollu
tion of the waters of the Sound by
aewage.
in Prayer Hear
Vatican
Prof. Marcblfuva Says Influenza,
Hot Keptiritis Has Laid
Pontiff Low
London, April 9 A Central News
dispatch from Rome says the Pope)
this afternoon, suffered from a faint
ing' fit lasting two hours, and that it
was rumored in the lobbies of the
Italian, chamber of deputies that he
was dying. Prof. Marchlafava, how
ever, continues to assert that the Pope
is jio worse and that there are no
grounds for anxiety.
Rome, April 9 Pope Pius X dozed
for a short time, this afternoon. When
he was awake he appeared to feel too
weak to take much interest in those
around him. He smiled, however,
when he was visited by hla sisters and
his niece who sat quietly in the room
for some time without disturbing him.
The Pontiff's temperature rose slightly
at 3 o'clock this afternoon, reaching 99
degrees.
Prof. Marchiafava, the Vatican phy
sician, visited the Pontiff for over an
hour, . this morning, .and found his
fever greatly reduced. His tempera
ture was only slightly above .-normal
but he still suffered great depression
and weakness.
Prof. Marchiafava'a examination $f
the Pope was of a minute character.
He declared afterward that there was
a noticeable improvement in the Pon
tiff's general condition.
Cardinal Pompili, who was made' the
new vicar general only a few days
ago, issued - orders today for special
prayers for the Pope in all churches
of Rome during the next three days.
Some 3,000 pilgrims gathered in the
bourse of the morning on the Piazza
IX San Pietre in front of the Vatican,
undier the open window of the Pope's
apartment and prayed for hl3 recov
ery.
A terriri thunderstorm accompanied
turbed. the Pope, this morning
Prof. Marchlafava. assured the As
sociated Press, this morning, that His
Holiness is suffering only from a re
lapse of influenza which is causing a
certain amount of anxiety owing to
the exalted position of the patient and
his advanced age. The reports that
the Pope is affected with nephritis,
however, ere said by the professor to
be unfounded
While official reports state that the
amelioration in the condition of the
Pope continues, it ia said in other
quarters that he is suffering from dif
ficulty of respiration, thirst and pros
tration.
Everything is being prepared at the
Vatican to give the Pope a long per
iod of rest. All pilgrimages have
been suspended d-u-ring the month and
the American pilgrims who left New
York on April 5 under the direction
of Bishop Schrembs of Toledo will not
be received.
iSeveral cardinals, including Ram-
poll a, Vives T. Tuto, DeLaila, Martin
em, Falconio, Bieleti and Agliardi,
called at the Vatican today to inquire
about the Pope's health. The doctors
did not permit the Pope to receive any
of them. The visiting cardinals were
informed of the improvement that had
taken place in the Pope's- condition
and assured them of the absence of
any cause for alarm
The Osservatore Romano says In its
evening edition today:
"We are glad to be able to give the
assurance that after his relapse on
Monday evening, the condition of the
Pope is constantly and notably amel
iorating.
RAY KEATING TWIRLS
WELL AGAINST NEWARK
Ray Keating of this city, pitched
the last two innings for the New
York American baseball team against
Newark, yesterday. He relieved Rus
sell Ford after that star slabman had
been driven from the box. Keating
allowed only eight men to face him.
He gave one hase on balls, one hit and
struck out one.
The New York Times says of Keat-
ing's work: "The big fellow pitched a
much better brand of ball during his
short term than Ford had shown dur
ing the other innings."
The Sun says: "When Ford was
driven from the box in the sixth per
iod Ray Keating was tried with much
better . success. Keating had great
speed1, a puzzling spitter and excellent
control."
O'NEILL-SrHUGH NUPTIALS.
The marriage of Hugh O'Neill, 51
Sterling street and Helen McHugh,
390 Park place was today celebrated
In the Church of the Sacred Heart,
Father Judge . uniting the couple.
When returning from Atlantic City
their residence .will be 349 South ave
nue. James t JNeill, a brother of the
groom acted as best man while Kitty
McHugh, a sister of the bride was
bridesmaid.
HENRY MILES DEAD AT 90.
Milford, April 9 Henry Miles, a for
mer member of the General Assembly
from Milford, died here today in his
91st year. He suffered a stroke of
apoplexy, Sunday, and had failed from
that day. He was Representative
from this town in 1870, 1875 and 1885.
He was appointed school fund com
missioner for the State in 1876 and
held that office for a number of years.
He was also treasurer of the State
Agricultural College for 12 years, was
prominent In local and State Grange
circles at one time, and held various
offices of trust in the town. He was
active in politics. One son survives.
Judge Greene's
Trials Leads to
to May
ATTORNEY JUDSON,
ARE NOT RUNNING RAILROAD, BUT A
MAD HOUSE, IF THERE ARE NO RULES
Counsel for Road Prepared to
portant Victory lor Railroad in First ' Ruling of iuige
Greene-Attorney Pullman, Who Is to Assist Jud
son, Not Able to Be in Court
At tlie request of State's Attorney
Stiles Jtuison tbe trial of Horn, Pol
lock, Woodward and Csrmalt has
been carried over to the May term of
tbe Criminal Superior Court. This
action followed tbe ruling of Judge
Greene for separate trials.
Counsel for defense asked for a re
cess to consider this new aspect of tbe
case, intimating tbey might move for
an immediate trial.
After the recess tbere -was some de
lay owing to the absence of State At
torney J udson wbo could not be lo
cated in the building when Judge
Greene took his place upon the bench.
After waiting s few moments a recess
was declared, Judge Greene desiring
to be notified when JVIr. Judson was
found. Mr. Judson appeared at 2:15.
Mr. Judson addressing the Court
said: "Under the course this matter
has taken I shall desire a reasonable
time In which to prepare other in
formation and ask' Your Honor or
other bench warrants. I need some
time for the careful preparation of
such papers. - I 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
Dnsmess.
Mr. Judson said It was his inten-
tion to .continue the cases until the
May term of court. In reply to Mr.
v iuiiji.iuks i,e saici oe ma not neciaea
whether to nolle the present charges,
Consultation of counsel for the de-
fondants was followed by a request
for-a 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 State's Attorney Judson.
Both sides fought . the (fuestion to a
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, vic-president of the railroad
company; Benjamin B,. 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. Board man cf
this city. Attorney Spottswood ' D.
Bowers of this city and Attorney L.
Nickerson of Cornwall. Attorney
Judson is assisted by Attorney Galen
A. Carter,- and City Attorney John S.
Pullman, although the latter who is
ill 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 dif
ferent officers accused were different
and that-a. oint trial would act to
the detriment of ome one or more
of them, as the responsibilities, are
not the same. During these argu
ments 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
lating that there is no record extant
n written form prescribing the duties
of the various officers of the Rail
road company drew from the State's
Attorney the statement that if true
they should be enjoined from doing
business and that instead of running
railroad they were running an in
sane asylum. tie contenaea mat
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 ciaan or urewoms. .
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 Mr. Judson asked for
opportunity to present such evidence.
Attorney Judson was given an op
portunity to submit an affidavit in
reuuuai ul lue uuo 11 uiu Lilts uti i-iit-t.,
but the court seemed to believe the
interests of the defendants demanded
separate trial and so ruled. Recess
for lunch followed the ruling.
Stiles Judson said in interests of
me argumepts on demurrer are re
petition, and asked that they be cur-
tailed. Attorney Cummings said there
was no desire on his part to make
, Tjr ft, . ..,.
th
that ury b'ej excused until tomorrow.
Mr. Judson said, "It doesn't seem
possible the arguments will take the
Order for Separate
Postponement
Term
SAYS ACCUSED
Contest Every Step of Trial (m
entire day. ' I think 30 minutes is
enough."
Judge Greene said, "I will excuse
the jury until 2 o'clock and request
that they leave the court room."
Judge Greene also said he did not
know how much time he would re
quire to decide after the arguments
were concluded.
Attorney Cummings opened his ar
guments by saying, "We now file sup
plemental a.ffadavit concerning our
motions for a separate trial."
Attorney Judson opposed the filing
upon the ground that it is by counsel
and hearsay. The law does not re
cognize such statements. Judge
Greene admitted the filing, marking
it for identification.
Attorney Judson asked for permis
sion to examine Mr. Carmalt upon his
duties. Judge Greene said he would
see the affadavit first. Attorney Cum
mings by permission of court took up
his argument upon the affadavit sub
mitted. He explained the duties of
Mr. parmalt 8 cot .within the same
scope as thos.6 of the other defend
ants. Tial together -would - be pre
judicial to the others. The same con
dition applies to Mr. Pollock, "Wood-
ward and other defendants, he said.
i Mr. Cummin n toolr nn rlntv nf K
cf the defendant to show that th.
testimony aeainst one vnnM not an.
ply to any. of,. the others. There is
not a-eingle, duty of any of these men
which falls on more than one of them
at the same time. Any testimony
against one would be prejudicial to
! the others, and although admissible
against one should not be admitted
against the others. Justice would be
better served by trying separately, as
it is a peculiar situation.
"We believe the interests of Justice
require a separate trial," he said.
"If we are forced to a Joint trial
your ' honor will see that which we
have predicted. I don't ask more for
them than for any other accused of
crime. If what we say is true, they
should be granted a separate trial."
Continuing he said much of the
testimony is known, is on . record
with the coroner, and much of it
would be prejudicial to some of the
defendants. He also took up the
complaint in relation to duties of the
officers, and its connection with
cause of the wreck. Testimony upon
some. of these matters has no rela- -tion
- to the duties of some of these
defendants. He said It is iikely to be
a long trial with much confusion of
testimony upon these various mat
ters. The trial of one alone would
be a simple matter, as no testimony
not - relating to that man could be ,
presented, and the result reached
more quickly.
-Attorney Judson said he would take
no time in quoting authority as the
matter is clear in this state and he
is not concerned with other jurisdic
tion. He referred to a recent murder
case, ' the Sprague case, which .
brought up the same condition. Oth
ers were cited which went to Su
preme eourt, which tribunal then de
cided that a court did not err in
deciding for- joint trials. In this case,
it would -be like fc throwing out of
court to give separate- trial. All the
railroad would . have to do to avoid
responsibility for thousands of lives
is to divide the duties. It would bo
a travesty upon justice to so let them
escape criminal . prosecution. Mr.
Judson referred to a New York case,
and then said that those who con
tribute to substantial result should
be Joined. The court can not be call
ed upon to show that death was due
to anyone of the causes alleged. It
was a combination of causes, none of
them the sole cause.
"I will show this is the only rail-
road in United States on which the
engineer does not know of the pres
ence of a crossover until within W0
feet of it."
Mr. Judson reviewed some of the
th!nKa -which the state will show con-
tributed to the result. "It is unjut
to ciaim i should pick out the one
particular agency which caused
death," said he.
Mr. Judson made a statement that
counsel for defendants had access to
authentic records of the corporation
and therefore that there was. no place
for hearsay statements to the court.
Attorney Boardman took exception.
and otner counsei excepted to state
ments.
Further Mr. Judson said it was Im
possible to try separately and specify ,
particular cause of death.
Attorney Cummings replied to the
citations of other cases by Mr. Jud
son. saying they are not analagous to
ne. Present case Judge Greene said
it was not necessary to discuss the
case further when Mr. Judson object-
e to Mr. Cummings quoting from
olner
(Continued on Page Two)