Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-11-21
In Wood and Beedys vs.
the Maine Central.
Occupies the Supreme Courts
Attention All Day Saturday.
Expected that Case Will Go to jury
Today.

OF Mrs. Lydia Wood. Mrs. Arthur
b"edy and Arthur Beedy was resumed
before Judge Whitehouse in the su-
prcme court, Saturday morning. The
entire proceedings of the day We're. as
on previous hearings. continually inter-
spersed by sharp objections of the con-
tending counsel, and furnished excel
lent lessons in law to the Interested
spectators. This case has been eXcep-
tonally interesting. particularly on
TINS account. and has been largely at
tended. The case is handled by some
OF the foremost members of the Maine
bar and the pleas before the jury Mon
day. premise to be of unusual interest
owing to the nature of the case and the
well kncwn ability of the attorneys.
The opening of the session was fol-
lowed Immediately by the continued
cross-eNanlnation of Mr.. Fenner. the
yardmaster of the Maine Central rail-
road III Watervllc. Mr.. Fanner. in this
examination. held to his previous teSti-
mony. He showed considerable diff
Guilty in remembering some of the rules
and regulations in effect at the yard
in Watcrville particularly was this
true Of the rule in regard to the en-
sineer's control of an engine. At the re-
quest of Attorney Heath, Mr.. Fenner
pr1ised the court to produce a copy Of
the rules and regulations in effect at
the yard, July "A. 1902. His idea was
that the rules We're changed so often
that there WAS almost an impossibility
Of identifying the rules of 1897. (Which
We're shown him,. 70 the present rules
md regulations in force.
George G. Morse of Watervilc. was
the next witness presented by the de-
fence. Mr.. Morse was employed by the
Maine Central railroad as foreman at
the round house in the Watervile yard
ut the time of the accident. He was
standing below the c~Os"ino- v 't"'7 80
accident occurred in a lDc:Iior kno'vr
to the trainmcn ae The Gag" We -
convereil4g with onr Mr.. Smith s'h"a
he heard a Warn,T" shout. In tG"i;i'';c
up the track he %;IW 4 te" Il 70 'i's
the ''mIule track" an3 q freight hos =
ing down unon it. He expressed the
opinion hat tt" cars were being
pushed slowly. He saw the collision
AID hurryi1g to tho scene. some 100
feet, he saw the ladies next the track
aud the smashed carriage. In regard
to this part of his observations they
We're practically the same at the prcvi-
Gus witnesses. although their purport
WAS drawn with an inclination toward
the favor of the defence. Before APP
prnring in court saturday. Mr.. Morse
e
AN engine near the depot in NaterVllle.
According to his measurements an en-
gino proceeding At the rat" Of six miles
m hour had been brought to a stand
still in A distance of 10 feet. This trial
WAS somewhat diffnTcr- than the con-
,1itions which were apparent on the
morning of July "a. 1903. inasmuch as
the rails n that time were dry and
those at the trial We're frosty. This con-
dition was explained to the jury ana
was accepted at face value.
Alden Smith was the next witness.
Nj. Smith at the present time is res
idrnt Of Portland. and was at the time
of the accident employed as an engl-
ncar on the Relfist division of the
Maine Central railroad. The nurport
of his testimony WAS his various move
mcnts on the morning Of July "a. 1903.
He. i'm company with his fireman. TOOK
thoir engine from the round house and
proceeded to what is known as track
No. 8. to the court. designated by tram
men rs the middle track" His knowl-
edge Of the accident was limited. but
s,hstantiated the previous statements
Of witnesses as far as his observation
went.
William A. McMannus. fireman.
was walking down the yard on the
morning in question and testified I"
such He was witness to the accident
and his testimony WAS the same as the
few proceeding witnesses of the morn
ing.
Iohn Johnson. the next witness. proved
,h,, tun,or of thu morning He was. and
is at the present time employed as
nagr.an at the College street crossing
Of the Maine Central railroad in Water
the trains moving and the team cross
ing the track at the Alden Street cross
ing all of which ne told in the court
aided by numerous questions by Attorney
Johnson.
In cross-cxamination by Mr.. Heath.
Mr. McManus became somewhat mlxed
in his remembrance of his observations
of the team at the time of the accl-
dent. and provided considerable amlse
ment for the spectators.
Howard Simpson. the principal actor
in the accident. outside of the occupants
of the team. was then called to the
witness stand. Mr.. Simpson was a
brakeman On the cars that were back
ed into the team. and told in a straight
| forward manner the occurrence. He to
gether with another brakeman. were
standing in the center of the last car
I from the engine. and they We're back
i ing down to the crossing he observed
a team coming over the tracks at mod.
/ crate rate of speed. He Immediately gave
a motion to stop the train. which mo-
ton was fully described to the court.
and he began to shout warning. Wher,
| the driver of the team saw the oncom.
| ing train. he hit the horse with whip
(, and tried to get out of the way. but the