Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-11-30
Copp Case Will Go to
the Jury, Today.
Arguments Will Be Made b.
Counsel. This Morning.
Many Witnesses on Both Sides Heard,
Tuesday.

Inc bearing of the case of the ai-
"inistrators of The late BENJAMIN
topp. against the Augusta. Winthrop
~ Gardiner X. Il. 90. was resumed
before Justice Whitehouse in the
-upreme juGical court yesterday morn
ing. The hearing was attended by
large number of interested spectators
throughout the daE and proved inter
sting. inaSmIch as X is Il local case of
recent happening The accident oc-
CURED, aug. Il. at the intersection of
Western avenue ana Cushnan street
The arguments befor" the jury will be
resumed. this morning and 4 verdict
* expected to be rendered today
The first witness vas Ernest Temple
Ne was not an ey" witness of the ac-
cident. and his main testimony consist
ad iii giving measurements of distance
in the Immediate vicinity of the acct
dent.
The next witness called was George
Western avenue and Florence street
Mr.. Temple was an eve witness of the
accident. He stated that just before
it happened he was out in his yard.
working around his team. when he
IitolI dli cutlery. VII lt'ki!iS ttNdTJ
the street he saw the cart on the track
and Mr.. Corp franticaliy endeavoring
to get the horses across. Mr.. Temple
started quickly toward the street and
before he reached til" sidewalk he look
q, up the avenue and saw a car COM
ing down the incline in the vicinity of
Pike street. BY the time he reached the
sidewalk the crash came. the car Strill-
ing the cart and pushing it along thu
track for some dist In witness
hest judgement something like so OF
- feet He went up to the wreck and
described conditions as he saw them
The fore part of the car was splinter
ed. and the forward trucks had left
the rails. The cart was badly smash
ed ana Mr. cOpp had been thrown in
'front.' of the car. and badly bruised
Witness helped place Mr.. Copp under
= nei-hbnring tree and stayed near him
until Re was taken away by the am
bulancc Witness ida was that Mr.
Hnpn was seriously injured, the exact
extent Of which he was unable to state
In regard to the speel of tn" car Mr.
Temple could not state definitely bu;
rs matter of his best judgement
thought the car was going at rate
Needing eight miles an hour.
DR. w. Scott Hill. q practicing ply
stefan Of Augusta. was called upon as
he last witness for the plaintiff. DR.
IiiIl witt: Dr. Frrde. k performed an
autopsy upon the boly of Mr.. Copp af
ter his death at the city hospital on
the afternoon of Aug. L.. In regard to
the injuries of the deceased, DR.. HUI
described the numerous bruises AMI
lacerat-d wounds sustained by MIR.
conn. The exterior woundS. while num-
.rous we're Of a minor nature. and in
w;tness' judgement death was caused
| hy mi. .rnal hemorrhag" of the lungs.
cousad by the crushing of the ribs on
oft side Of the body Further than this
witness knew practically nuthing in re
card r. the accident itself DR.. Freder
icl, was 10 have appeared in behalf of
| the plaintiff but is Mt present out of
| tho citv. but Attorney Thompson IN
resting his case reserved the right to
! mn T,- Frederick before the conrlu-
sion Of the hearing.
At this point Attorney Hc"th moved
on action Of non-s,lit. In placing the
| matter before the court. ne based ms
| ,,,o,.o on the fact ;hat the Plaintiff
| had Dl Odl.CeU no tN f'ltit' ~ So" '''>-~
Mr. Conn had used even ordinary care
| IN crossing the tracks Of the Electrr
| RAILWAY This in MS opii.ion was cause
to suspend further hearing III Inc case-
Justice Whitehouse :!ter due consio-
Grafton OF the law points raised ruie'i
that II was a matter for the jury 10
d.terr,jne. and requested MI Heath
- crate the case " the defence.
In opening his side " the action MI
IIo,th reviewed the evidence OF th'.
,,.;tpesses of the plaintiff and told OK
,,.,,+ i,A hoped to show in the evidence
p, he produced. In the argument NJ
claimed that the Electric kaiiwaS y"
IN no way guilty of coil
.r;,,,+,rv negligence in causing the &C
,;aert and ri1rtherlr9ce that the pi;'''-
.;ee u.as. In conducting c'unsei e>-
'l,a;nad a plan of the scene Of the a.
49, r',a,', which had been placed i'll cl
,.;a,- Of the Jury. This plan VIII ~ II.
...s,,osd as documentary evidence al
49, Conclusion OF the hearing,
- - srs, witness for the defence was
" " bailey. an employee Ct the EAT .,o
y. w. w,.o c. He lives abou. "a mile
on s' he Augusta House. on Western
a,"m, At one time the witness
!. - 49,