The Portland daily press., 1867-08-28
Municipal Court.

MIS- Augusta ). Foss, at New Gloucester, the 9Th
of August, came up by assignment Mr.. Barnes sp-
peared for the respondent, and County Attorney
webb conducted the prosecution. large number
Of witnesses were examined. sHsi
Coroner Charles II. Hall, who held the inquest, &C.
scribed the scene of the accident and illustrated his
testimony by diagram of the place and its sur |
from which it appeared that after leaving
the New Gloucester station the railway through
deep cut and crosses highway under bridge, and
short distance below crosses the road where the
cident occurred at the same grade. On account of
the nature of the land and intervening: the
sight of the track is shut from the travelled road
for some distance and appears again only quite near
the crossing ~
Mrs. Hudah Symonds, who was in the wagon with
Mrs. Foss at the time testified that when they
in sight of the station she looked for the tran but it
was not in sight, As they drew near the crossing
Mrs. Foss remarked, "There's no danger; there's no
whistle or beli.' The words had no sooner escaped
her than the tain made its appearance. They were
then four rods from the traak. Thu horse started
quickly, and Mrs Foss, who was driving, attempted
TO check him. In q moment deceased leaped from
the wagon; the others caught the reins and turned
the horse partly round, The wagon was then on or
very near the rail- At+st'la
Miss Josephine Jordan, who was also in the wagon,
confirmed The testimony of Mrs Symonds, and stat
cd that when the train appeared they within
three or four rods of the track and the horse quick
ened his gait on seeing fe ears. Witness advised
the deceased who driving, to stop the horse ard
the latter made attempt to check him. but did not
speak to him. When deceased jumped from the wae-
on they were close to the track As soon as tho train
had passed they drove across the track and came
back for Mrs Foss and found her mangled remains
on the track. The train did not STOP but almost I'M
medately disappeared around curve. Both these
witnesses testified that they heard neither bell or
whistle, nor saw smoke or steam from the engine.
Benz. Merrill testified that he was at the Platform
OF the station at New Gloucester, and heard the
whistle sounded as the train was coming down to the
station; after that, and the train passed along
heard no sound of whistle or bell. 7l1a aGi
JOSEF Cleaves, the depot master, testified that he
was absent from the depot taking tea Capt Polis
ters. His wife was with him. He heard an cutlery
from his wife and Mrs. p, and ran to the door; saw
something rolling under the car that looked like
human body. Went down to the crossing and found
the mangled remains Is SO accustomed to the pass
ing of trl ms that he would mo- notice bell whir
tle and has recollection of hearing either at that
time Thinks The train was moving at The rate of
fifteen miles per hour. '- t n
Mr.. Pollister testified that he saw the train coming
ing Did not hear any bell. He thought the train
was moving at the rate OF twenty niles per hour.
large number of witnesses were sworn for the de-
fence the obectbeing to show that the usual signals
were given. Mr.. Barnes stated that owing to the
curve where the accident occurred nothing of the
affair was known by the engineer or fireman until the
next morning. wien they informed of il in this
city. -- y 10 -'t
George HI. Weeks, the fireman, testified explicitly
that he rang the bell the train was approaching
the crossing, after the whistle had sounded alter
they passed the woodshed above the depot On pa S.
ing the crossing he looking back to see if the saloon
car was on the Of the train and then noticed the
wagon with two ladies in it. giH4
Mr.. Norcross the engineer and the respondent tes-
titled as to sounding the whistle at the usual place.
Could not say as to whether the bell rung or not
The whistle was sounded 100 rods before reaching the
crossing and it could be heard two miles. He did
not know of the accident until the next morning.
Justus Richards, track repairer Who was at work
on the road testified that he heard the whistle at the
usual place. but did not hear the bell perhaps on ac
count Of the noise oil the train.
Chas. Keith who was at work with Mr. Richards.
testified that he heard the whistle before the train
reached the station, but paid no further attention to
the signals. o fts t. .f...
distance, heard the whistle at the usual place.
c. A. Davis, the conductor, said that he knew
nothing of the accident until next morning. Was in
the saloon car when they passed the crossing 800 or
TOD feet from the engine. Don't remember of hear
ing the whistle Could not hear the bell from the sa
loon car.
Jonas Hamilton, master mechanic on the G. T. r.
H., tested to the excellent reputation OF the defend
ant for care, disci elton and fidelity to his duties
Testimony was introduced in relation to the regu-
lations of the road following trains and keeping out
of the way of trains
Mr.. Barnes made an able defence for The respond
emit Mr. Webb briefly replied, stating that there was
no evidence that the bell had bren rung as required
both by statute and the regulations of the Company,
except from the fireman. No other witness heard it,
he thought there was probable to hold the re-
5pondent. AA d
Judge Kingsbury said that he had had no time to
ook over the testimony. and as there was another
'ase to come up Tor trial immediately, he would re-
serve his decision until Thursday morning.
Edward j. Kenney, tor drunkenness and disturb
ance, was obliged to pay $792
The case of State Benjamin G. Miles, for assault
ng Winthrop Berry aud threatening to kill him. was
then taken up. Mr. Carleton appeared for the State
and Messrs Howard & Cleaves for the defence.
Both parties reside in Scarboro, and It appeared
that there was some difficulty between Berry and
Mr.. Harmon in regard to pct lamb belonging To
the former, which had srayed into the grounds of
the latter several times and committed denredatons
upon the BEANS On Sunday morning. the 18th inst.
5he cosset was found in Harmon,s garden. and he
,aught it and locked it up He then sent Berry tn
he pound-keeper to come and take the lamb AWAY
Berry started and was his way, horseback, when,
IS he alleaed. Miles came into tho ,,iduo 81 a.
raised his right arm. large stone baino IN tho hond
md commanded him IN ston caI,;no b;n, nt;,