The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1894-10-23

use the ordinary precautions. Mr.. Hight
argued that as the hotel had not been
burned by act of God, the comm on
enemy, or the guests fault, the burden
of proof was upon the hotel company.
But Judge Walton dissented, holding
that the burden of proof was upon the
plaintiff.
The first witness called was Mr.. Spencer
Rogers, who built the Waldo Hotele. He
described the construction and.arrange-
ment of the hotel.
Mr.. William Gay, the photographer,
was next called to identify photographs
shown TO the jury.
Miss Meta Robschek, of Lexington av-
enue, New York city, school teacher,
testified that she went to the Waldo in
the summer of 1893, in company with
her friends, the Taussigs, arriving there
June 20. Miss Robschek described the
incidents of the evening of July 8, 1898.
She attended the hop, after which, with
Miss Taussig she retired to her room.
At this point, at the suggestion of the
judge, the counsel agreed upon certain
items of fact as to the rooms occupied
by the various parties, but counsel for
defendants would NOT, when asked, adj
NIT that Mr.. Taussig occupied room 81
on that night.
Miss Robschek continued testify ing
as to the Incidents of thu fire, corrobora-
ting the statements made in Mr.. lights
opening. On the way down. they fed
from their rooms, the witness remem-
bered meeting Mr.. Seal. the proprietor,
and also Mr.. Flagg of Portland. Witness
remembers seeing fireworks going off
and hearing fire crackers explode as the
fire progressed.
When counsel for the plaintiff attempt
ed to ask the witness as to the existence
of fire escapes, Mr.. Larrabee. for the de-
PENDANTS, objected on the ground that it
was not alleged that any person had lost
life or suffered bodily injury. Hotel pro-
pri etors were not required to furnish fire
escapes for saving goods.
Mr.. Hale, for the plaintiff, claimed that
the absence Of fire escapes was fact
showing general state Of negligence.
The point was held under ADJUSTMENT
by the judge, who tenn porarily allowed
the testimony to be introduced.
The question being allowed, Miss Rob-
schek said that there were no fire es-
capes.
Witness next testified that Miss Taus-
sig had her dresses in a large trunk. and
as to the number of dresses.
On cross-examination the witness was
questioned particularly as to the fre
works ABOUT the building and the es-
cape from the room.
.As matter OF fact, did not you and
Miss Taussig stand at the door of the
tank room and watch persons try
ing to put out the fire?" asked Mr.. Lar
rabee.
I'VE did not" rer lied the witness.
How long was it, after the fire was
discovered, before you went down over
the stairs?"
"a bout five minutes"
"How large was the fire when you
first saw it?"
"a bucket of water would have
checked it,.
Where did 1t appear to be when you
first discovered it?"
at was coming from the centre of the
house, out of the tank room door.
Smoke and flames came from the door. !"
"How are you able to. say that if you
had had a bucket of water you could
have checked it?"
"Welll, it was not SO large at first"
AHow was you able to say as to the
size of the fire. You did not look into
the tank room did your"
sNo."
did you see anyone try to put out the
fire?n
Witness said she saw no one but Miss
Taussig.
. Presently the line Of questioning
changed to an examination of..the witness
in regard to the clothing which Miss
Taussig lost. The witness showed a
thorough familiarity with her friends
wardrobe. and seemed to be an accurate
and intelligent judge of its quality and
value.
:, AS TO JEWELRY,
Miss Robschek was not quite SO compe-
tent witness. She had not seen the
whole of the contents of her friends
jewel bag, and of some of the rings she
did not know the setting.
Are you fond of gemss" asked Mr..
Larrabee.
II like to see them.n
"And you do not know what those
rings contained?"
mo, SIR"
Mr.. James HI. Hamlen, of this city,
who has cottage on Little Chebeague.
was the next witness. He had never
seen anything like fire escapes on the
hotel. He heard fireworks at the hotel
late at night, July 3D., after he had gone
to bed. He was awakened when the re-
fuges from the hotel came onto his pi-
azza. Noah Taussig and Madame Taus-
sig were in theirsnight clothes, and he
furnished them with clothing. Durino