The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1897-10-27
MILEAGE BOOK CASE.
J. ?. Palmer's Suit Against Maine
Central.
TRIAL GOING ON IN SUPREME
COURT.

Conductor William f. Jones Declined
the Book and Demanded Fare in June
of Last Year.
in the Supreme Court before Judge
Whitehouse, Tuesday, was begun the
trial Of one of. those interesting cases
which arise from time to time over rail-
road mileage books. 1t is the case of
Jonathan P. Palmer of Soneryille Mass,
VS.. the Maine Central railroad. On June
10, 1896, Mr.. Palmer was travelling from
Rockland to Lewiston on the train of
which William F. Jones was conductor.
He alleges that he had with him a thou
sand mile ticket and mileage book. No.
gill, which he purchased in Portland,
January IS. 1886, paying $50 for it, and
that whenever the conductor called for
the fare he rendered the book, and that
all these tenders were refused by the con-
ductors.
Levi Turner, Esq, attorney for the
plaintiff, in his opening, explained that
the conductor demanded to know wheth-
err the name in the mileage book was
the complainant's name. When the ccm-
plainant did not answer this satisfactory
ly, the conductor demanded his faro and
upon this being refused, threatened the
complainant with arrest. Three times
the conductor demanded fare, and was
refused. On the third time, in response
to the question whether the name on the
mileage was the name of the complainant,
the latter said: 'tOn the 14th day of
last January I bought that book in
Union Station. Portland, and paid 500
for it. 1 don't think I should be foolish
enough to write another mans name in
it,
1t is alleged that the conductor was
abusive towards the complainant on the
train, and that when the latter arrived
at Brunswick he was arrested at the in
stance of the conductor and carried before
the police judge. There he was compelled
to pay Sc to avoid being put in the lock-
up over night. Having paid his fine, he
boarded the train for Lewiston, tender
ing the same mileage book to the same
conductor, who took therefrom the fares.
49, @AAAOA cAASSCS uhcso AO was coSehoAO-
ed and illegally arrested and places his
damages at $40, 600.
Mr.. Turner said that this was matter
of great Importance to Mr.. Palmer, who
! is an aged man, in his declining years.
The mileage book was his, and there was
nothing in the contract whereby be
bought it which required him to prove
his ownership when the charge of fraud
was made against him by the conductor
| The truth was the conductor was q man
of domineering manner, who was strut
| ting about in little brief authority
quite unlike that typical gentleman of
the old school, John Jewett," who had
| been a conductor for SO many years
| blamelessly.
After Mr.. Turner had concluded his
opening, the complainant, Mr.. Palmer,
was called to the stand, T. J. Boynton,
ESQ.,, of Boston, who is associated with
Mr.. Turner in the case, conducted this
examination. Mr.. Palmer said he was
81 years of age and is commercial tray
| eller. He was in the smoking car at the
time the conductor called for his fare
He rendered his mileage book. Mr.. Pal,
| mer relates the conversation as follows:
| 'He asked me if that was my NAME
| asked him what he wanted to know
that for. He said that If it was not my
name he should take the book up.
said that he could do as he liked
Mr.. Palmer went on to relate how the
conductor subsequently demanded fare
and finally had him arrested and taken
witness went on to relate what took
place before the court.
Messrs. Drummond & Drummond ap-
peared for the Maine Central, and at this
point objected to testimony as to what
occurred in the court, since that was
matter of record. Mr.. Boynton, however,
urged that as the conductor was present,
and heard the conversation, and as he
later acknowledged satisfaction, he was
party with such power that converse
ton in his presence could be matter of
testimony.
Judge Whitehouse took this point I'M
der advisement The record of the court
Was Gnen presented.
On cross examination witness admitted
that he had refused to give his name.
Robert NJ. Tabor OF Brookton, Mass,
who WIS sitting with the complainant,
also testified in corroboration of the lat
ter's testimony.
This closed the case for the plaintiff
The defense made no formal opening of
their case, beginning at once with the
testimony of Patrolman Norman of
Brunswick, who testified that he was or
dered to go to the station to arrest q
man, about whom a telegram had been
| sent. Conductor pointed out plaintiff
| and he took him to the station.
Conductor Jones wassthe next witness.
His testimony was similar to that of
the plaintiffs, except in one important