The Portland daily press., 1897-04-27
SUPREME JUDICIAL COURT.
The Case of William Snow Against the
Portland Railroad Company.

This is an action for damages in the
sum of $4,000 for an alleged assault and
battery upon the plaintiff by Mi. Chute,
one of the defendant ccmpany's con-
ductors upon the Wsstbrook line, on the
10Th of last December. The plaintiff lives
in Westbrook and is a carpenter by trade.
| He was born in Newfoundland and has
only been in this state year. On the
18th Of last Decem be- he testified that he
boarded q Westbrook oar leaving the head
of Preble street at twenty minutes to
five. In the car he met two young ladies
by the name of Ellen Hardy and Mary
Chessie with whom he was acquainted.
The car was crowded and he was obliged
to stand. Shortly after the car started
the conductor came around TO collect the
fares, and he pulled out handful of
change, and selecting three ten cent
pieces, gave them to the conductor for
himself and the two ladies-paying what
he understood to be three full fares to
Westbrook. Whom the car reached Wood
fords one of the lady passengers got out
and he sat down by Miss Chessie. Moth
in further occurred until the car was
within about three quarters of a mile of
Cumberland Mills. Then the conductor
came along and said to him, II want
fifteen cents from YOU" He replied,
What do you want fifteen cents from me
forr' The conductor says, II tell you
to give me fifteen cents" The plaintiff
replied, II won't give you fifteen cents.
i've already paid my fare and the fare
of these two lndies.'' Then Miss Hardy
turned to Miss Chessie and said, "You
give him fifteen oents.' AS she started
to take the money out of her pocket book,
the plaintiff spoke up and said, IF there
is any double fares to be paid, | will pay
it. have got enough to pay another
fare" Then the conductor told him to
shut up his mouth and give him fifteen
| CENTS and he took three more ten cent
pieces from his pocket and passed them
| to him. Then as the conductor turned to
go, the plaintiff turned to Miss Chessie
and says, 'Dang it, this is terrible. u
| Immediately the conductor whirled
around and grabbed him by the throat
car" Then Miss Chessie began to entreat
the conductor to let him go for her sake.
and Mr.. Chute thereupon slackened his
grasp on the plaintiffs throat, and he
lowered himself down into his SCAT, He
then turned again to the young lady and
said, "Isn't this terrible for fellow to
have to pay his fare twice2'' Then the
conductor grabbed him again by the
coat and said, 81 will put you right out
of here" and with the help of the man
who was running the trailer he dragged
him through the door out onto the plat
form and threw him out onto the
ground. This was the PLAINTIFFS version
of what took place inside the car. He
claimed that he had suffered an accident
a short time before and had been under
the doctors care, and was in q very poor
physical condition; and that when he
was thrown from the car he was seriously
famed and bruised and was obliged to
wear plasters upon his chest for some
months afterwards. On cross-examina-
ton he denied that he had been drinking
and also claimed that he used no pro-
family inside the car whatsoever. He adj
United that his boarding mistress, Mrs.
Quimby. told him that she wouldn't have
him there any longer on account of his
drinking habits, but he said that was
month after this affair occurred. He was
unable to give any satisfactory explana-
ton of why he paid the conductor thirty
cents when he only asked him for fifteen.
Mary Chegsie was then called, and she
detailed the events which took place in
the car substantially as did the plaintiff
She stated positively that he showed'no
signs of having been drinking. On cross
examination she admitted that Mr.. Snow
had kept company with her short time
before. ~
Iva B. Jordan, Mary Bryant Edwina
r. Wyer, Winifred Griggs and Olive Red
lon, were also called as witnesses. These
ladies were passengers on the car, and all
live at Westbrook with the exception Of
Miss Redlon who lives at Gorham. Their
testimony was similar in its main points.
They all stated that they heard no pro-
family on the part of Mr.. Snow, and that
he showed no signs of hayina been drink
ing Miss Griggs, the school teacher
went SO far as to say that she thought
MIR. Chute used Mr.. Snow roughly and
unjustly.
MIR. Chute was the main witness for
the defense. His testimony was in sub
stance as follows: I am twenty three
years of age and live In Westbrook. IL
have been conductor on the Westbrook
line about two years. On the day in |
question was conductor of the car that
left Pre5le street at 4.40 The car was
crowded and had trailer. FIRST noticed
Mr. Snow when | won't to collect nv
fares, just after turning the corner on to
Portland street. He paid me fifteen
cents and pointed to two ladies in front
of whom he was standing. 1 did not
know Snow at that time nor where he
belonged. Nothing more occurred after
we crossed the Deering line. Then |
went into the car and told him that I |