The Newtown bee. (Newtown, Conn.) 1877-current, 1889-02-01

Beach Downs Live in Oxford. Work
ed on road. Pond always there. Idon't
know why you should raise this place, if
you can't raise it all. Cross examination
didn't discover any holes or gulleys
when L examined the place between the
causeway and the pond hole. Don't
know whether there was snow on east or
north side. Didn't notice snow. wasn't
interested very much.
Clark Downs: Known river road so
years. Have been selectman of South
bury. Not so much travel on road now
as formerly. In 1S40-1 there was a wa
ter freshet Is feet high. Cross exami-
nation: Can make railroad embankment
that will stand. Railroads almost always
built by rivers. Piling would protect
against ice.
Butler: Am surveyor. Reside in
New Haven. Have examined river road.
1t would be an extremely hard task to
put road up on hill. Much of the way
would be in rock. To build highway and
make excavations would cost $32, 400.
Cross examination: Travelled path ought
to be "A feet wide. Less than 1G feet
would not be a proper road. Have esti-
mated to place road s to Is or 20 feet
above present one.
Theodore Wheeler recalled: Showed
skeleton head of horse found after the
accident. Judging from teeth, horse
was not less than 16 years old.
! Wells Wheeler: Known river road go
years. Ice comes over road every seas
on; years out of 5, may be more, may
be less, we have freshets.
Defendants then rested and plaintiff,
in rebuttal, called d. S. Brinsmade, who
had made an excellent map of the local
ity for the plaintiff. A similar one had
been prepared by Mr. Rodgers for the de-
tense. Mr. Brinsmade explained his map,
showing how, if the water at the time of
the accident was l6 inches high at the
lowest place on the travelled path, it
must have covered and therefore dissolv-
ed and removed the snow at the places
where the witnesses for the defense tes-
titled to seeing the tracks turn off TO the
east side in the snow; also that there
would be no dry ground at the points
claimed by the defendants to have been
out of water at the time of the accident.
Witness also described the road.
Monroe Garfield: Seventy nine years
old. Familiar with the causeway in
question. No change in location of travel
ed path. There used to be fence on
east side. don't consider the road has
been in condition for public travel and
/ don't think it has been worked as a
third class road. Whenever it was over
|, flowed, we expected it would be over
, flowed there. Cross examination: Have
been blocked while travelling road once
in 20 years.
Albert Wheeler: AS we came to the
place, / said, 1.-THE river has overf1owed
: there's no danger" She said, ''Oh no.
Horse wanted to drink. Wouldn't le
/. him. Went in till horse passed swift
+. current; then he drank. Was just owe
r the swift current. Horse raised his head
looked at river. / saw the horse wa
e frightened. Looked a moment, then
D quick as lightning, he jumped to the left
e / pulled up horse and stopped him
s Started to drive to the road. Horses fee
: went right down. Sister grabbed me.
!. held on to the wheel. Held on, hopin,
r to help my sister. Was so frozen an,
!. exhausted could hold ON no longer. Ha,
/ to let go. Was carried down stream
: Came back. Could not cross the travel
}. ed path. Said to myself, tThere is tn
/, best place. Waded in up to my arm
It and was carried away again. Been owe
0 road twice before. Once years ago
e once longer ago. Knew nothing Of pom
hole. Knew of no other road. Afte
u the horse jumped aside, Immediately go
= control of him. Had conversation wit
+ Mr. Beebe. / never at any time said t
d him that did not blame any one bu
r myself. That was not true. My wit
never left me from the time she came
i Horse may have been little warm whe
,. he drank; / had driven moderately. FL
d was not sweating, think. Cross exam
: nation: thought was right. Though
It had gone by the worst part. Saw n
(. signs OF danger. Had no thought Q
e danger.
e John Stowe: think the place is NOR
often overflowed than any in Oxford.
3 fill Of three feet would have kept off th
# water on the day of the accident. eros
Z. examination: never supposed that
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