Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-11-16
Case Of Raines VS.. the
W. & 0. Railway.
tuesday Devoted to the Testi.
For the Defense.
Next Case Will Be That of Wood VS.,
Nj. c. r. r,

WAS resumed before Judge WhitehOuSe,
in the Supreme court. yesterday MORN
ing. The case proved to be rather long
drawn out and at the end of the dav
WAS continued until this morning.
Nothing in the way of exceptionally
noticeable or new evidence was pre-
scented. other than that which with a
few variations. had been presented by
the plaintiff on Monday The ease
has aroused considerable interest
throughout the county. owing to the
extreme youth of the plaintiff. he be-
ing III the present time only IL wears
old
The evidence in behalf of the plain
tiff was presented. Monday. and imme-
dlateiy Oh the opening of the session.
yesterday. the counsel for the defense
presented witnesses. who We're duly
sworn. The first witness called was
John II. BurlciSh. IL civil engineer. liv-
ing in Watcrvllle. Mr. H,lrleiph was
engaged in the surveying and later. il.
the construction OF the electric rail-
way. At the suggestion of Mr.. john
son, conSel for the defence he had
draWn Il plan Of the electric road in
the vicinity of Tiffany and Main
streets where the accident occurred on
July ed. 1903. This plan WAS pre-
scented to the court as evidence and
W's minutely explained by Mr.. Bur-
leigh. aided by numerous questions by
the counsel for the defence. In cross
examination he explained the system
OF construction of the electric road in
general. stating that the road had been
constructed on the sides of the road
principally in the bitches. this being
the position of the track at the scene
of the accident.
Al thlS point in the proceedings
CHARLES II. Johnson. counsel for tho de-
fence. introduced a large amount Of
documentary evidence L. e. the articles
of organization of the Waterville Oak
land Street Railway Company. dated
May 81. 1902: the approval of the State
iialiroad commissioners. June 4. 1902;
certificates from secretary Of State:
and various other petitions, etc. ordi-
narily connected With the construction
of an electric road. These various
papers and documents were received
and filed as evidence.
Benjamin F. ChadbCmne. of Bidde-
ford, was unable to he present and his
disposition was read to the court. Mr.
thadbOurie is and has been for twelve
I2) years a member of the State rail-
road commission. According to the dis
positions, he had been instructed by his
colleagues on the commission, to in
spect the newly built Watervile &
Oakland Street railway. between
% TO, Ia nnly u,
on June y. 1908, and he informally.
without written accompaniment. had
given Mr. Gerald. manager of the rail
way, permission to operate cars over
the line. MIR. Chadbourne's deposition
was. after considerable quibling be-
tween the contendiTg counsel. filed as
evidence.
The next witness was Frank Damren
of Lewiston He was acting conductor
on car No. ). at the time of the acct
dent. and described proceedings as he
saw them from the front end of the
running board. His entire testimony
was practically corroboration Of
previous witnesses statements, who
We're eve witnesses at the time.
Further than this he told Of hiA expert
ence. for the past 10 years. in running
electric cars, proving mis- fitness for the
position he was holding. At the request
Of his employer. Mr.. Gerald. he hal
secured the various measurements of car
No. s. which were presented to the
court.
NJ. A. Eatchcldcr If Oakland. 1T the
time of the accident. in the employ of
fled as to his version of the occurrence.
He graphically explained his efforts TO
stop The car. doing all he could do to
prevent the mshap He was SOME
what inexperienced in railroadng.
having been in the comriny'S employ
but three weeks At the time OF en-
tering their employ he WAS what
would be called as a green hand. and
worked three days breaking ill.," with
another motorman. According to his
testimony the car WAS coastins IT the
time, and he reversed tn ear. bringing
it 10 Il standstill within ITS length.
Recess WAS taken from l2.4J to lis
o'clock After the recess the witness
Was sharply cross-uuestloned by Mr..
Eaton. bur held steadfast 20 his ire
vious testimony A Plan showing the
exact grade at the seen" If the acct
dent the work of J. II. EuriciGh. vas
exhibited and the various distances
explained to the jury. It showed IN
average grade of about ) per cent.
at this point
George d. Haggerty. I; present en-
p.oyed as telegraph operator for the
Maine Central Railroad. was called
upon to express his opinion of thai
stopping IF tn, car. He considered !
that the car made IN excerdirsly |
quick halt, under the 2rcumstaiic.s
which Were to say tn" least. some what
averse to the handling uf a car.
Charles Maxfieid "f Watervile. an
insurance agent. formerly an electri- |
clan in the employ of the Railroad |
Company. and James w. Crawford |
were also called upon 70 express their |
opinion as to the handling of the car.
Their testimony was practically the
s.imt as the previous witness. both
expressing their appreciation of the
work of Motorman Ratchelder. Mr..
Crawford is electrician 20 .he Mater
vile e Fairfield Electric Road and was
IN the or at the tin1.. IF the accident.
His version served to corroborate pre-
vious testimony.