The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1870-06-03

MAY CRIMINAL TERM-GODDARp j.. PREsIDING
THURsDAY.-State vs.. Grand Trunk Railway
20. OF Canada. Indictment under a special railway
statute for killing David P. Pullen at Yarmouth STA.
ton August 2, 1869. The jury finds the verdict Of
guilty or not guilty IT guilty, then the Justice pre-
SIDING fixes the penalty, not less than $500
than $4,000 for the benefit OF wife and children. De-
ceased left wife, Susan NJ. Pullen, and two chill
dren. The story is this Size left his home in Lisbon
on the morning of the accident with about $12 in his
pocket for Portland via Auburn. At Auburn called
Mr.. Harris, his pension AGENT to whom he proba-
bly, paid money. He bought a ticket at Auburn for
Portland, where he was going to labor on the Wafer
Works. Drank beer at Auburn, on his way perhaps
something stronger. Had been in the army and in
the navy; was Al years of age; had been drinking
man, especially when away from home had not
drank much for the last year. AT Yarmouth the
train switched off to side track to let the express
train from Portland to Danvile Junction pass That
train was some fifteen minutes late, which delayed
this train, and many OF the passengers and the
ductor went the track to the station. After
the train had stood while the deceased David P.
Pullen) left the train for necessary purpose went
behind the wa ter-tank and as he was returning on
the platform he heard the double whistle, the signal
for all aboard he had not heard the conductors cal.
Just at that moment the express train was coming in
him; he thought only of his train to Portland and
rushed to the edge of the platform all at once the
express train was right upon him, but he had al
ready made move to cross he had lost his power to
recover; he was struck by the coming engine and
knocked blck six feet on to the platform upon his
face, senseless at first; he taken up recovered
his consciousness and told bis story; a doctor was
sent for; the shock to his system, his nerves and
MS lungs was too great to rally from; the doctor
gave him up to die; he lived only some three hours
after the accident when he died. as the doctor said
of internal hemorrhage and ne rvous shock
The Government alleges carelessness in the Com
pany in driving their express train too fast into the
station while another train in waiting; had re1-
son to expect passengers at the depot might want to
CROSS careless to drive SO fast while so near road
crossing clio to the staon careless to start their
down train and give the inviting whistle Just as the
coming train had crossed the switch, inviting this
man to his death.
Defence-We were not travelling fifteen or twenty
miles an hour as You say; we were not working
steam; we were uaning only on the momentum of
the down grade from the summit to Yarmouth about
six miles an hour; you careless passengers; no
business to leave the train; water closets in the
cars; knew this train was coming, if he knew any,
thing because that is what his train was waiting fer:
besides he was drunk.
The State denied the drunkenness and urged that
his clear statements arsicuo merits showed that lie
was in possession of his faculties.
The Court instructed the jury that neither the
drunkenness of Pullen nor the fast driving of the
Company were elements IN their verdict any further
than they tended to show want of care. The jury
returned verdict OF guilty. The g. T. r. will carry
the case up questions of law.
Haskell-Talbot. Bradbury g. Bradbury.
The following assignment of Justice c,ses has been
made by the Court for to-day fridays
193-Wilson, Complainant, vs.. Woodside
228-Gordon va. Cole.
l20-Dresler vs.. Varney ct al
l4-Lawrence VS.. Sawyer
210-Purinton ct al. vs. Smith,
285-Fayes VS. Bachelder Adm
294-Sanborn VS.. ngraham, Jr
123-Lord vs. Moody.
266 -Dusaut VS.. Morgap