The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1877-01-22


rays of the light from the Argus stairway fall With
| ABOUT TWO and half feet of the stairway. Brigf
nights when the Exchange street doors are open it
light enough so you can see all the way up stairs.
Cross-eSamined-Tha night the light on th
Argus stairway was turned up just the same a
when you (StrouD were in there last night.
John H. Dougher, printer in PRESS ofjce-Tha
was bright moonlight night.
f. W. Green, printer for defendants-I was not O.
duty that night, but called in there about twenty
nVe minutes to 70, and remained there about a
hour; the entry 1 noticed was well lighted tn
Argus light was burning brightly; the doors on Elk
change street were both open; the back doors wer
Shut; that was clear, bright night.
Cross-examined-I did not know there was any
body in the elevator-way when went in or when
came out; did not 60 by the elevator when 1 wen
in, as went in through the girls room but went b.
1t when came out.
j. B. Tooey-Residence, Boston. At the time 0
the accident was tender of bar and billiard room a
the st. Julian Hotel; 1 saw plaintiff there tina
night; could not state about his condition; cam
remember whether he was at the pool table; recol
lect of seeing Mr.. SWEET there slightly remember
seeing Mr.. Dow there; they were playing 1--WE
game''; don't know who drank.
Cross-examined-Oneh hundred to one hundred anG
nifty were there in course of the evening, 1 should
think. My recollection is plaintiff came there aftel
ten o'clock.
q. A. Dow, harness maker-I saw the plaintiff
the night before read of the accident at the St
Julian HOTEL playing pool; SWEET and Tooey were
there; we played "wet game'; left before plain.
TIL did. should say plaintiff when lett, had been
drinking pretty strong; should say he and I were
there together three-quarters of hour might have
been an hour.
Cross examined-I don't remember being with him
there any other time for week before; l should
judge he came in about II O'clock; cantt swear 1
saw plaintiff take anything, but they all drank to-
gether; account of the accident in the next
mornings Argus.
u. w. Swett-I remember of being at the st. Ju-
liam in the fall of rs with this gentleman sitting
here (plantif and another fellow who just testified
(Dow); can't remember what night it was; we were
playing pool and drinking; some drank beer and
some whskey; plaintiff drank with the rest of us /;
he played with us; think went there before he did,
but not certain.
Cross Examination.--I can't remember what night
1t was; never saw plaintiff there more than one
night to my knowledge; can't tell where stopped
that plight; sometimes 1 get little ''started;"
hadn't been at that house for some time before.
G. A. Sloman, compositor in PRESS office I heard
the conversation between Coey and plaintiff at
time of accident; plaintiff stated he didn't remem.
Der OF coming down stairs; because of that remark
went up on the Argus floor to see how the elevator
was, and found it level with that floor SO that
he could not have fallen from there that was very
pleasant night, clear moon.
c. W. Hanson, policeman. l remember of seeing
plaintiff the night of his injury at Atwood's saloon;
was eating oysters with officer Huston; plaintiff
came in there: asked him about his saloon: he said
he had got it about fitted up and was going to open
noticed something about him peculiar,
so much so that and Houston spoke about it
thought he had been drinking.
Cfoss-Examnation.- don't swear he had been
drinking anything, but that is my impression: he
acted that way; if was going to swear either way
should swear he was intoxicated.
In answer to question by Mr.. Strout whether he
would swear that Parker intoxicated he replied
that he would.
L. H. Cobb recalled. There appeared an account
Of this accident in the next mornings PRESS and the
next evenings Advertiser but there was none in the
Argus till Monday morning.
G. A. Sloman recalled measured distance from
the edge of the elevator to the doorway and found
it = teet; to the middle of the door was II feet.
A. Houston, policeman. was at Atwood's eating
,lams with officer Hanson between 10 and II o'clock
The night plaintiff was injured; plaintiff came in
and went in to conversation with Hanson, telling
about his new place of business; called him
drunken man; Hanson and conversed about it after
he left.
W. S. Mains manufacturer of wines and cider.
was in my store, behind my desk writing, on the
hight Of the injury, and plaintiff in there and
n IkQh xuif hn had &
somewhat intoxicated; most of his talk was in re-
gard to my filing an order for him the next day;
I'M no judge of the degree of intoxication; he had
he appearance of being intoxicated by his move
nents and conversation, repettions in his talk
Perhaps he may have been there 10 to 10 minutes.
Defence put in Argus of Sept. IS, 1875, containing
Ibis notce:-"Dwight is going to open his saloon to-
night and the boys will be there sure''
REBUTTING.
j. Hicks, policeman. met plaintiff in doorway
Of Atwood's saloon the evening of accident 1 says
'hullo Parker" He says "hullo." L says "when
ire you going to OPEN" He says Tomorrow night"
Mr.. Strout asked witness whether at that time
plaintiff was intoxicated or sober. Mr.. Reed
objected.
The court said it was cumulative but If question
vas pressed he should admit it.
MIR. Strout concluded to withdraw the question.
ID. q. Parker, plaintiff, recalled. 1 swear to it
hat did not 60 to St. Julian hotel that evening.
was there before that time, and played pool, but
lont recollect of ever seeing SWEET and Dow there.
was not there for three or four days before my
injury, might possibly have been there Monday
before the injury occurred Friday.
heard Mains testimony. At the time was at
lis store was not intoxicated 'no.sir.ee' I don't
,emember of Colley speaking to me any thing about
he injury; do not know ever saw him before.
lid not undo any gate wheu 1 went off unto the
elevator-way.
c. Z. Adams, son Of G. III. Adams, deceased, who
formerly kept the Adams House. Geo. W. SWEET of
Windham stops at our house most of the time when
in the city; we had running account with him in
1875. L am acquainted with his handwriting. On
the register under date of Sept. 8, 1875 find his
signature. The registure is put in. The name of
Geo. w. SWEET does not appear under date of Sept.
II, 1875.
&. E. Pennell. I have examined all the hotel
registers in the city. do not find the name of Geo.
w. SWEET on any Of them Sept. II, 1875, nor under
any date for two weeks prior to that time with the
exception of the Adams house register.
Evidence closed.
Arguments to be submitted this A. NJ
A. A. Strout- &C. Andrews for plaintiff.
L, B. Reed for defendants.