The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1896-04-17
THE BACON CASE.
A verdict Rendered For Defendant Cor
poration.

In the Supreme Court yesterday morn
| ing the defense in the Bacon case was
continued.
Capt. Edward L. Parsons, captain of
theysteamer which ran to the island on
the evening Of the accident, was exam
ined as to the condition of the wharf and
the lights upon the arrival of the steam
or at the island that evening.
Della Gary, domestic employed at the
summer cottage of Mr.. John M. Adams
Of the Argus, testified that she was upon
the wharf at the time of the accident
Hearing an exclamation, she turned
quickly and saw DR.. Bacon fall. Witness
also described the condition of the lights
as she observed them.
Miss Elizabeth Fl. Barron testified to
the circumstances of the visit of DR..
Bacon to the cottage of Mr.. Francis
Gushing, .wheres.she was stopping on the
afternoon of the injury. He was very
frail looking and very pale and feeble.
When he returned to re-embark for the
city she accompanied him to the wharf.
giving him her arm to assist him. She
saw the doctor, who was moving. along
the plank walk, sway to 1.-THE right and
fall into the driveway. The witness was
also examined at length as to the dark
ness of the night and the illumination
OF the wharf. The day following the &C.
cident she in company with her grand
mother, visited DR.. Bacon at his resi-
dence in this city to express their SYM
pathy, at which time she testified that the
doctor said to her that it was nobody s
fault. only an unto rtunate accident.
Mrs. Charles u. McDuffy and Mr.. Fran
els Cushing testified relative to DR..
Bacon's apparent enfeebled physical con-
dition at the time Of his visit. Mr. Cush-
ing testified that he was the owne. of the
wharf where the injury occurred. 1t was
leased to the steamboat company and all
necessary repairs were to be made by
him.
The defense also read the deposition of
Mrs. Gathering Cushing of Montreal. as
to Dr. Bacon's physical condition and
appearance at the time OF his visit to the
island.
At half past eleven the jury was sent
to the Island in charge of Sheriff Plum
mer and deputy to view the premises.
The jury having returned. the trial
was resumed at half past two.
Walter Gushing Of, Montreal, testified
that he was upon the wharf at the time
of the accident. DR.. Bacon was present,
and he was introduced to him. He OBJ
served that his walk was very feeble
| uttered an exclamation, and he turned
and saw DR.. Bacon falling. He sprang
| forward to rescue him, but failed to reach
him in time. He assisted Capt. Began
| to take up the injured man and carry
| him into the waiting room. Witness cor
roborated Capt. Began as to the position
of the light.
In rebuttal, DIR. Dana B. Fellows testi-
fed that in August, 1894, he was occupy
| ing the same dental rooms with DR..
Bacon; that on the day of the accident
the doctor was in the office in his usual
good health. and he observed no unusua
pallor about him; he is a pale man at al
times.
Hon. J. W. Symonds testified that hi
first learned Of the injury to DR.. Bacor
by reading report OF it in the paper HI
following morning. He then recalled
having met DR.. Bacon on the street thu
day before, the day Of the evening OF
which the accident was said to have 90
CURED; that the doctor was then walk
ing with his usual firm step, rather {
quick, light step, in the same way ht
had been accustomed to see him walk fol
many years.
j. A. S Monks Of Medford, Mass, al
artist described the visit of DR.. Bacor
to his studio at the island on the after
noon. before the accident. The doctor
then appeared to be in his usual goot
health-the same old DR.. Bacon that hs
had always known.
DR.. Bacon was recalled, and testified
that he was In his usual good health OF
the afternoon Of the injury; he was moi
aware Of being -fatigued or feeling
i'll. He remained at the Cushing cot
tage to tea, and thought he had done hit
share Of the service upon that occasion.
The evidence was concluded at half
past three. The arguments occupied one
hour each. Mr.. Hale making the closing
address for the defendant and Mr.. Swasey
for the plaintiff. The cese was submitted
to the jury by the court shortly after
O'Clock. At 10 O'Clock the jury returent
verdict for the defendant.
Court adjourned until half-past nine
this morning, when the case OF Maurice
s. Fisher against the Cape Elizabeth
Street Railway Company will be taker
up.
| Camp Fire.
BosWorth Post will entertain as guest