Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-11-22
EVIDENCE IN.
Continued from page ~

him was nearly a repetition of the tes-
accident.
At the conclusion of the examination
Of MIR. Smith court adjourned until 2.15
O'clock
Upon the resuming Of the hearing in
the afternoon William f. Stearns of
Waterville, was called to the witness
stand. Mr.. Stearns is brakeman in
the employ of the railroad, running on
trains ~ and 81 to and from Portland.
AL the time of the accident ne was
sitting In combination car on the
back track. Hearing the ringing of an
engine bell and continued shouting he
ran to the door and saw cOmmotion
at the Alden street crossing. He lmme-
diately repaired to the scene, found one
of the injured ladies, Mrs. Wood, ly-
ing under one of the freight cars. He,
| with several others assisted her to the
| baggage room. After leaving the bag
gage room he went back to the cross
ing and described things as he saw
them. Further than this he knew of
little practical evidence.
Charles A. CrOmmett, car cleaner
in the employ of the railroad. gave his
version of the accident. Among ms va
| rlOus duties was to procure ice Tor the
| water tanks in the passenger coaches.
| On this eventful July morning he had
| been to the ice house with hand buck
cts to procure a supply of ice On re-
turning and going up the track. when
near the telegraph office he saw
freight train backing to the crossing.
| He saw trouble near the crossing and
went to the scene where he assisted in
taking the injured ladies to the bag
| gage room. The remainder of his teS-
tmony was a repetition of previous
witnesses.
| In crOSS-eXamnation witness denied
ever having any particular CONVERSE
ton about the accident with Attorney
Elackmer, counsel for the plaintiff. He
admitted talking with Mr.. Blackmer.
but his memory failed completely when
it came to remembering the conversa-
ton.
The defence next introduced Fred W.
Sturtevant the engineer who made an
| exhibition trial stop of an engine III
Waterville yard, last Saturday morn
| Ing. i ne tiiiti WAS ili''NS ~ dSiiioii0
strate how quickly shifting engine
moving at the rate of six miles an hour
could be brought to a standstill. The
trial was made on frosty rail and the
engine was stopped in distance Of
about % feet. The witnesses testimony
was interrupted by controversies by
contenLing counsel and it took the
stern hand of Justice Whitehouse to
| preserve equilibrium.
Augustus Vigue was on the platform
near the telegraph office when the
freight passed by going toward the
Alden street crossing. He saw the team
| coming over the crossing and gave the
warning to the brakemen on the cars
Outside of this his testimony was the
same as had been thrashed over by
counsel for the past few days.
Messrs Fenner, Morse and Sterling
were recalled in turn to straighten out
some few facts in regard to their tes-
timony. after which William B. Getch-
ell. a civil engineer of Augusta, was
called. Mr.. Getchelf made the plan ex-
hibited by the defence, showing the rel
ative positions of the tracks. etc, in
the Waterville yard in close proximity
to the Alden street crossing.
AT the suggestion of Attorney Baker,
numerous measurements were made on
the plan from supposedly different
| points OF observation near the crossing.
In addition to his vocation as civil en-
sineer, Mr. Getchell is something of a
| photographer. He had taken several
| photographs of the wrecked coach,
| crossings switches. etc, at the scene
Of the accident which were introduced
and accepted as evidence by the court.
1t may be said that when the picture
of the coach was taken the vehicle had
to be propped with joists to hold to-
gether a sufficient time to be photo
| graphed. MIR. Getchell was cross-eN-
| amined to small extent.
| The last witness called was DIR. John
TOwnc. an associate of DIR. Goodrich
in Watervilie Mr.. TOwne told OF con-
versation he had had with Brakeman
Simpson in regard to the speed OF the
freight train in the case. At the time
| of the said conversation Dr.. TOWhe
| was attending Il member of Mr.. Slmp-
sons family and the latter was ac-
credited with saying the train was pro-
ceed;ng at the speed of nearly 20 miles
an hour
| Eoth counsel rests the case and court
adjourned until go, this morning. Be
| fore adjournment both Attorney Ba-
ker and Attorney Heath mutually
agreed to limit the closing argument 10
the jury to an hour and half each'
and there is good promise of mastery
efforts on the part of both these well
known attorneys at todays session.