Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-11-17
IN COURT.
Continuation of Haines
VS.. ". & F. R. R. Case.
Arguments Finished Judge Will
Give Case to Jury. Today.
6cedy and Woods Suits Against Maine
Central Begun.

The confirmed hearing of the cas-. of
Irving Il. Haincs vs. the WatcrviIle &
Oakland street Railway Co. was re-
stunned before Judge Whitehouse yes-
terday morning. re defence at the Cd .
ening of the session. recalled NJ A.
batcheldor. witness IF Tuesday. to
testify to the speed of the electric car
at the time of the accident. July De-.
l?'t'. Mr. Eatcheldor was motorman on
var No ) 1t the time. and recited at
some length MS method of applying the
ar brakes along this pa, ticular grade
H. the road. He was carefully cross
examined bv the plaintiff counsel Hen
ry ID. Eaten.
\ deposition of Howard w. Wells of
Oakland, was introduced by Counsel
Ration and accepted as evidence Mr..
Wells is manufacturer OF artificial
limbs. and through his deposition tcsti-
fled to the effect of amputatiou on hui
man limbs. He expressed the opinion
that amputation of any bart of a limb.
especially Il hand, necessarily rctards
the growth and development in length,
size ard strength. His long experience,
qualified him to he expert in testimony
and was accepted rs such by the court.
Owing to the non-;lrrival Of one OF
the prin, ipol witnesses of the defence.
Frank FarHum of Belgrade. the court
continued the case until 31I o'clock in
the afternoon. Meanwhile the court oc-
cupied the time with the next case on
the docket. i. e.: Mrs. Lydia Wood
IS Maine Central Railroad Co
At so o'clock the hearing was re-
sumed. after which both counsel took
occasion to introduce new witnesses
Frank \. Farnum. the tardy witness.
was called upon to give his version Of
the accident. Mr.. Farnum. on July %.
1Ml3, was employed by Edward Dam
rem in the construction of a new house
or Main street in Oakland. and WAS
an eye witness to the accident He told
OF seeing the car and team approach
each other. and Mr.. Haines and his
grandson thrown in front of the car.
He din not repair to the scene. and
hardly proved much needed witness,
as was expected. His opinion as to the
speed of the car was not more than
the rate OF six miles an hour.
Walter II. Branch, a resident of Wa
tervillc. Il passengel on the car at tn"
time If the accident. testified to the
occurrence as an eye witness. His en-
tire testimony was practically rcpeti-
ton of much testimony presented by
several previous witnesses.
The plaintiff introduced as the last
witness. Henry l.. Dunton, practicinS
attorney of Oakland. Mr.. DuntOn lived
near the scene of the accident. around
the corner from Main. on Tiffany
street. At the time he was passing
along Nam street ana going to his
home. He saw the accident and hasten
cd Immediately to the scene. He saw
the condition Of both Mr.. Haincs and
his grandson and thought that under
the cir 'umstanccs the car had been
stopped in a most crcditablc manner
F,Irth,r. MI. DuutOn told of his con-
varsation with the motornan, and COM
plimented him upon his behavior. The
evidence was principally repetition
throughout the hearing.
The counsel for tho defence. Charles
II Johnson. began his plea before tn"
i,rv at 413 O'Clock. His plea was a
mastery effort of considerable length
He called the attention of the jury to
the conduct of the mntornan Of the
car. at the time Of the accident: the
efforts he made to prevent the mishap.
and rcpudiated the statements of wit
nnSses as to negligence on the part Of
the EMPLOYEES of the road. Extracts
from The evidence OF Gideon Haines.
we're read. and reviewed at length. The
greater part of TIL" plea. was however.
in reviewing testimony to show that
the electric road was operated in
lawful manner. and was not II nuisance
as called in the first court of the plain
tifr's writ. He concluded his plea with
in an hours time.
The counsel of the plaintiff. Henry
D Eaton. addressed the jury for over
an hour. Mr.. Eaton reviewed the ell
tire testimony at considerable length,
drawing graphic pictures of the plo
tiff's future with only his one arm, tell
ingly bringing forth evidence to show
neglect on the part of the mOtOrman of
the car. MI Batcheldor. in not seeing
the team before he did
The court adjourned until. this morn
ing, at $50 o'clock. when after the
charge of the judgn. the case will be
given to the jury.