Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-11-19
THE EVIDENCE
Continued from page IL

Tile Ndrl-
Gus injuries received by Mrs. Wood
Court then adjourned until ok !,
the afternoon.
Upon the resuming of the hearing
Mrs. Ellen Baxter was called to give
testimony. Mrs. Baxter is a resident of
WlnsloW. and was a passenger i'm the
stage the morning of the accident hav.
ing left the conveyance AT tho demo,
som 10 minutes before. She was also
living in the Same house with rho
plaintiff at the time and described
their physical conditions after and nre
ViOus to the accident. Counsel Baker
declines cross-eXamina ton of the Wit
hess and the plaintiff rested the case
after introducing blue print plan Of
Alden street true copy from the rec
ords of the city of Waterville.
At the close of the plaintiffs evidence
an examination was made to ascertain
the exact condition of Mrs. Arthur
Beedy and Mrs. Lydia Wood by Drs.
+. 4. Thayer and +. W. Boyer for the
Maine Central Railroad CO.. and Drs
NJ. :. Goodrich and j. F. TOwne for the
plaintiff. DR.. Goodrich was called upon
| to state the extent and result of the in
juries, as ascertained by the cxamiua-
ton, which proved to be approximate
~ the same as stated by Dr.. Gooirlch
in his testimony of the morning.
The defence in opening it's case WIS
represented by Attorney Charles r.
johnson of Waterville He outlined
the evidence which he hoped 10 be ..h
to present TO the consideration OF the
jury. stating that he further ho,"d IN
prove that the Railroad Company h;l |
exercised due care in projecting the
| Alden street crossing on the morning
| of July "a, 1909. He also had concluded
| from all evidence he had secured, mat
the plaintiff had, at least. so,ne Ut the
| responsibility resting upon themselves.
| An enlarged plan Of the railroad cross
, ing at Alden street was explained by
MIR. Johnson at considerable length,
! Stating distances between and along
h" lines of track. The plan was in
| troGuced and accepted as evidence.
These explanatory remarks occupied
over an hour and was followed by a
! short recess by the court. The defence
, witnesses, some 10 in number We're
sworn, and a. G. Fenner took the
stand.
Mr.. Fenner is present superin-
tcndent of the Maine Central Railroad
freight yard and gave to the court va
riDus estimates Of distances in the
freight yard, near the location of the
-\li-n street crossing. He heard sew
t,yI men shout about s o'clock, Fri
da= morning, July "a. 1903. just after
> switching engine No. 172, had left to
haul several loaded cars up the line
,:v.u the lower yard. He Immediately
,-:Hn out from his Office and started
.Cr the scene of the accident. The cars
.t.!pcd before he arrived and he told
on seeing one of the ladies under the
second car, of the string of cars near
the baggage room. He was not wit
ness to the accident, but told of the
condition OF the woman when he ar
rived and of taking them to the freight
house. Later they We're transferred
somewhere. he didn't know, probably
home. The broken wagon was placed
on fiat car and taken away to be de-
posted in place of safety further up
the road. Mr.. Fenner has had cOnsid-
cradle experience in railroad yard
work and his testimony as to the yard
maneuvcrs was accepted as that OF an
expert.
On cross examinatiOn by c0un-
sci. Mr.. Heath, for the plaintiff, Mir.
Fcnner proved to be somewhat indeh-
nate as to his answers to questions He
could not or Gid not know whether the
freight cars in the accident were
equipped with air brakes. or the weight
of an ordinary locomotive and tender.
besides several other questions of mi
nor importance. 1t was during the
cross denomination of this witness the
court saw its sharpest clash between
the prosecuting attorneys. MessfS.
Heath and Baker. 1t is something OF a
case of hair splitting between these
gentlemen and for this reason the pres
ent hearing is proving Of unusual IN
terest A large number of spectators
wer. present throughout the hearing.
At SO o'clock the hearing was al
iourned until this morning. NJ 9.i'
o'clock There seems little prospect at
nresent that the conclusion of the case
will be finished before Monday