The Portland daily press., 1895-10-22
SUPREME JUDICIAL COURT.
BEFORE JUDGE WALTON.

Company was resumed. The first wit
ness called was Percy FL. Richardson,
who testified to the taking Of the photo
graphs and making the plan put in evi-
dence by the plaintiff.
Charles W. T. Cooling was then put
upon the stand by the counsel for plain
tiff, and testified that the Casco Bay
Steamboat Company simply bought ex-
elusive running rights to Cushings Island
wharf, and had no ownership or manage
ment of it whatever.
This closed the evidence for plain tiff
and Mr. Stephen Perry opened the case
for the defendant Company. He claimed
| that the defense would prove that the
wharf was properly built and was prop
erly lighted, that the accident was one
for which no one was responsible except
Dr.. Bacon himself.
Mr.. T. J. Illsley was the first witness
called, and he testified that he made the
plan put in eyid enoe by counsel for de-
Tense and to the accuracy of it.
Miss Elizabeth Ell. Barron then took the
stand. She testified that she was resi-
dent of La Chute. Canada, and that she
was spending the summer on Cushings
that night. and after tea she escorted
him to the wharf, and that he was so fee
BILE she thought it necessary to take his
arm in going down the path to the wharf
for fear he would FAIL that it was a
bright moonlight night; that on arriving
upon the wharf Mr.. Walter Cushing
| Joined them and she stood chatting
with him, and the Doctor was wandering
around that he went out to the baggage
room once and back, and that on missing
him from her side second time and be-
! ing worried about him, she turned just
| in time to see him standing on the edge
of the platform and swaying; that she
uttered a cry to Mr.. Gushing, and he
turned and started to catch him, but be-
fore he could reach him the Doctor had
fallen, and Mr.. Cushing and Capt. b.
gan, the man that the Casco Bay Steam
boat Company kept on the wharf, picked
him up and helped him into the waiting
room, and when the boat came he was
put aboard and taken care of by gen.
tleman whom she now knows as DR..
Morrill, She said that she went and
called on the Doctor the next day, and
that on expressing her sorrow that 1T hap
pened, as she felt that it was her fault,
the Doctor exclaimed, "Why, my dear
Young lady. you couldn't have
done anything more for me unless you
could have knocked some sense into my
stupid old head. 1t was nobody's fault,
only an unfortunate accident.
Mr.. Walter Gushing corroborated sub
stantially what Miss Barron had said:
that he was chatting with her when he
was attracted by her cry and turned in
time to see the doctor swaying on the
edge of the platform, but before he could
catch hold of him the doctor had fallen;
that he and Capt. Began assisted him
I'D and helped him into the waiting room.
| He also testified that it was bright
moonlight night and that the wharf was
perfectly lighted.
summer of 1891 he was driver at Cush-
ings Island and that the wharf was the
same today as it was then.
Capt. James 2. Began was next called,
and he testified that he was the man en-
ployed by the Casco Bay Steamboat Com
pany to stay on the wharf and catch and
cast off the lines and look after freight
etc. That on the night in question he
saw Dr. Bacon, as he expressed it, tot
tvring down over the hill'' on the arm of
Miss Barron; that after they arrived on
the wharf the Doctor came into the bag
gage room where he was lighting Ian
tern to put out on the wharf, and on his
going out with the lantern the Doctor
followed him out, that he heard him
walking behind him and suddenly heard
him drop, and turned around, and the
Doctor lay down in the driveway with his
head and shoulders resting on the steps.
He said that he and Nh. Cushing as
sisted him to arise and helped him into
the waiting room, and that whom the boat
came he was pr BOARD. He also testi-
fed that it was d clear night, and that
the wharf was we'll lighted and to the
position of the lights on the wharf.
Capt. Parsons testified as to the range
! lights on the wharf, and that the light
was changed in 1894 from post near the
center of the driveway to the wall of the
waiting room, but that it did not change
it's range with the lights on the front of
the wharf.
Francis Gushing was the next witness
called. and he testified to the general
construction Of the wharf and tho posi-
ton Of the lights. He also testified that
on the night in question DIR. Bacon
came to his cottage and that ne was there
to tea: and, as showing the Doctors fee
bleness of body, he testified that during
the evening, on raising the window fol
; the Doctor to pass out on to the vsrandaE
} he failed to stoop low enough and thrust
his head through pane of glass.
Mr.. George H. Knight testified as to
the lights that in 1894 the large light
. was changed from post in the driveway
The Ideal Panacea.
James L. Francis Alderman Chicago