Waterbury evening Democrat., 1908-09-17
MOTORMAN FREE
Fepad Nei Guilty ei CrImisal
 Negligence Iedsy.

Raymond H. Davidson the motor- man charged with gross negligence and misconduct and thereby causing the death of Conductor Alanson H. Scott last Friday night was discharg- cd in the city court to-day. The witnesses for the state were Deputy Coroner Makepeace. Medical Exam lner Crane, Eliot Harrison line foreman for the Connecticut com pany. Joseph A. Gagnon conductor. Harry Snow motorman and Burton A. Bookings the assistant superin- tendent of the company.
 The gist of the evidence was that when Scott's car reached Cloves ter race on North Willow street, coming toward town. the trolley fell on, the trolley wheel broke and consequently the car was without power. But It could have coasted down North Will low street had not Davidson put on the brakes and reversed the controll- CT or power. Soon after stopping, another car bound citywards stopped In the rear of Scott's car about two car lengths back. Davidson and Scott got on the roof of the car to fix things, but soon after Scott got down and undertook to untie the trolley rope from the rear of the car. About that time Harrison and the lineman came up in another car and he got on the roof of Scott's car. Davidson and another employe were on the roof also, Scott was in the rear of his own car then. According to Harrison 1t seemed to be the in- tention of Davidson and Scott to coast their car down the street. The moment the pole had been adjusted and contact with the wire made, the car bounded backward at great speed and the next he heard was moans in the rear. Someone shouted that Scott's legs were snashed a..a to send for doctor. Gagnon the conductor ran ahead to overtake Scotss c..r when he saw 1t bounding backward, but the crash with the other car had taken place before he could climb the platform and turn off the power. At the point where the trouble took place the main wire was somewhat slack, and a report had been made about it early in the day, though Mir Bookings testified none had been made to him. Gagnon found the power full on, though reversed
 The medical examiner was on the ground as soon as possible and had Scott removed to the hospital where | he fingered about two hours. In the examiners opinion Scott died of | shock caused by being crushed be- tween the cars.
 Deputy Coroner Makepeace said he warned Davidson that he was at lib- erty to decline to answer and that what he would say might be used ! against him in subsequent proceed | lngs, but Davidson's counsel Former Senator Kennedy objected to the ,oroner's on the ground that he did not sufficiently inform the accused | about his right and that what he did ! say to him could not be taken as a warming of possible arrest. The tes- .imony was allowed however, and the coroner read from the evidence talk ,n at the inquest. This showed that Davidson testified that he held a fight while Harrison was fixing the injury to the pole, and that when the pole had been fixed and contact with he wire made and the car bounded backward, he tried with Harrison to pull the pole off the wire. He did lot know where Scott was at that ime. The pole was finally pulled 'f and 1t swung around to the po- 'ition opposite to what it should lave been in.
 MT Kennedy in view of this evil lence moved for the discharge of his 'lient on the grounds that no evil lence of gross neglect of duty was hown on the part of Davidson, and ourt said in dismissing the accused hat while there was neglect shown was under such circumstances that xculpated Davidson, and that if the wires were in their. proper position he car could not have got out of con rol He therefore found the accus- d not guilty.
 After court MT Kennedy was con ratulated by many on securing the elease of Davidson.
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