Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1874-06-16
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FEENAID Us. TuE MAINE CENTRAL RAIL
ROAD.
The following is the award in the case
Of E.cuczcr y. Ferna'J agains; the
Maine Central Railroad Co. which re.
ferreI to Hon. Charles Darloylh and Hon.
W. ". Virgin Of tie Supreme Court. Il
is decision tina; concerns not only all
railroads and steamboats, companies cr-
gagged in The transportation Of passengers
bu. slio the ira-ei.iu. public.
We the referees. having met the parties
and given them g iu'l hearing, report as
follows:
II or Judgement ,hoIe is but little If
any rcs, conflict Of evidence with respect
10 ,hc facts. l. appears that on the 10Th
Of August. 1873, 81 Irish excursion party,
some siI or seven hundred 10 number,
went from Lewiston to Old Orchard
Beach The Maine GENITAL Railroad
engaged TO convey the party TO and from
Boston & Maine Railroad ,rau..sr station,
which is little distance ou, 81 Portland.
The Rev. EUc0czer y. Feruald, =
clergyman. then residing in Auburn. vas
passenger on lue evening train from
Portland to Auburn; and when he pur.
chased lis ticket, and when he took his
seat in Tie GAYS. had TO knowledge that
they were TO be Joined by tho excursion
party. On arrival Of Tue train al the
transfer station, The e1cCy,ionists, between
six and seven hundred in number, some
Of whom were evidently intoxicated and
dissEdeiy, using proiane, obscene and
Ares,inE language, were permitted to
rash on board, sud into the forward cars.
Gin ose Of Which Dir. Fsynald was seated
n greater numbers than could be seated
4 suGcieu, number Of cars had been
provided TO allow the whole party TO be
seated; AID the excursiouist were inform.
Cd. "a they rushed toward the forward
cars, that there were plenty uroccupicd
ses,s in the rear cars but no efficient
means were used TO distribute The pas>en.
gers; and no effort was made 10 separate
the noisy, violent, and drunken paSSeu.
gers from tho others; and in this con.
dillon Of things, the train proceeded on
is route. The car in which Nv Ferua,d
was seated va, SO crowded thatin some Of
the seats there were three and four pass.
ongers, including women and children,
and many were standing in the isle. The
noise and tuau,t continued. and those
who were under the Influence Of in.oXi-
eating liquor cou,juued 10 use prolonc,
obscene and threatening language. Tie
train hsd passed two stations aud still no
effort was made TO restore order, or 10
remove The diIoyderly. violent and drunk
en- passengers from the car. a; this
time Mr. Ferna,d hsd left his seat and
and was standing at the end Of = seat
occupied ~ two ladies. one OF whom
was very much liGL;oued at the noise
and ,Umu,t. These ladies did not belong
10 the excursion party. They had taken
their seats in one OF the regular paSseu
ger cars in Portland 1T the same time Mr..
Fernald did; AID it was at their request
that be left Ais sea. aud went and stood
by them. While standing there one Of
the drunken passenger addressed an
obscene remark to q woman standing by
Ar. Fernsld in the isle. Mr.. Fernald by I
some p.ciiying words endeayorcd to
check his o5sceni;y. But the attempt
was not successful. In fact it is not GER /
tain th2t the remark was heard BY the .
person TO whom il was addressed .
The-eupon the woman to whom the in
suitiDE and obscene language had been
addressed and who appears 10 be one of
The eNcnrsiouis,s, reached passed N,
Fernald and struck the one who address.
ed her in the face. The one struck was
one Of those who was yisibly intoxicated
and one Of those who had been most
disordorly, proane, obscene and threaten.
iog in his language and conduct. On be.
nc slapped IN his face by The woman, lie
turned upon SIR. Feruail
md asked him if he struck him. Mr..
ternald replied no. but before the words
we're out OF his mouth the man struck
'lr. ternald q violent blow in the face
nd followed /. wi;h a second blow; and
mother OF The party (also disorderly and