Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-11-11
Coroner's Jury Does Not
Attempt To Fix Blame
In Inquest Upon Death Of william
H. Lowell At Gardiner,
Maine Central Brakeman Keller
Faints During Examination.

Heiu ueSday at the City Council cham
pers to inquire into the death of
William Lowell, the Augusta weaver.
who was run over by Maine Central
train near Gardiner station on the
morning of Wednesday, Nov. 4, and
who died the following day from his
injuries, in its verdict simply recited
the facts in the case and did not fix the
blame upon the railroad or any of its
employees. In questioning the witnesses
Coroner Frank T.. Andrews made I'M
portant the inquiry as to whether
there was oily waste about The plat
form at the point where the first ill
dlcatlons of the accident were shown.
Brakeman Clayton 6. kciZe-, an i'm
portant Witness at the hearing, faint
ed while being cross examined.
After 1--we members Of the jury sew
eral Of the witnesses, Attorney Frank
L. Dutt"n OF Augusta. representing the
family OF Mr.. Lowell, and Attorney
Charles +. Johnson. representing the
Maine Central Railroad, had assembled
at the cornci! rooms at 10 A. M, it was
discovered that Frank NJ. Mooers. one
of the Jurymen, had missed train in
Portland and would not arrive at III .52.
until l p. NJ.
Attorney +. O. Reane of Hallowcll,
representing the county attorneys Of
fee, was present at the hearing when
it was resumed Tuesday afternoon.
The jury was taken to the spot where
the accident occurred and viewed the
premises in order that they might be
better able to follow the testimony Of
erred
Conductor Herbert S. Hopkins was
the first witness called. He stated that
he was the conductor on Train No. s.,
due at Gardiner at 3.24 a. M. On the
v4urnlng or Wednesday, Nov. 4, five
passengers got on at Augusta. One pas
scnger had a return trip ticket, bought
at Brunswick, the date of which had
expired Monday night. He refused the
ticket and the man holding it said that
he had no money and requested that
ne De allowed to pass to Brunswick.
He told Brakeman Keller to see that
the man got off at Gardiner.
Cross-cXamined by Attorney Beane,
Conductor Hopkins said that that it
was generally understood on the road
that d man riding without a ticket
should either he placed under arrest or
, asked to get off the train. He asked the
brakeman to see that the man got off
the train instead of attending to il
himself, because he was in another
! part of the car taking tickets.
Conductor Hopkins testified that
while he was registering. the brake
| man informed him that d man mad
been hurt He saw the man lying on
/ rnl In
leg was all cut up. He sent for two
doctors. Was unable to find anyone
VINO saw the injured man get ole the
! train. When his attention was called
, to the nan he was under Passenger
| Car 242S He could not say whether
the car wheel went over him or not.
Cross examined by Attorney Dutton
Conductor Hopkins was asked III re-
| gard to the relative position Oh the
two brakemcn. He also explained that
" hen the train stopped at the Gardiner
station it's position was such that the
mail car was flush with the street. He
first mad a conversation with Mr.. Low
ell when the man was in the smoking
car The conversation took place just
outside of Augusta He testified that ii
was customary for the brakeman to
open his traps just as the train was
pulling into the station.
| When shown ticket by Coroner
Andrews Hopkins said that the ticket
| WAS similar 20 tho one which Lowell
offered 10 Kim on the train, Dut he was
not sure that it was the Identical one.
| Brakeman Gaylon G.. Keller testified
that Oh the morning of the accide mt
| Conductor Hopkins ordered him to see
| that Lowell got off the train at Gar
| diner. He did not see the man get OH
when he opened the traps. Said nothing
| to the man about getting off. but would
have done SO had he remained OH the
| ar when the train stopped.
Cross-eNamined by Attorney BeaEe
he said that when he was getting off
the train he heard Il man scream
When he got off he found the injured
man lying on the platform by the pas
i senger cuach. He told tie conductor
that the man was badly hurt ana help
ed put him on the truck. Heard no ilaI
say anything in regard to seeing the
man get off the train.
In response to the question of Attor
ney johnson he stated that the train
was in motion when he opened TIL
| traps the rear 2uu III Tie COCtl gin
the head end of the smoker.
oss-eXamined by Attorney Duttol
he said that he heard the man cry gu
when he was calling the station. Low
ell could hear the conversation OH TIL
train between him and the conducto
Fin regard to having him get off at Gar
Idiner. After the conversation LoWel
said to him. The conductor says M
ticket is no good" Keller testified t
replying: rs that so?" and stated tina
he had no further conversation "it
the man in regard to his ticket. He oil
not hear anyone complaining of some
Ihody being ct fault about the acciden
when the man was moved on IN
truck. Could not tell whether or nc
the blanks in front of where the MA
Twas found were. covered with grease.
II brakeman Keller appeared to {
Tyery nervous while giving his test
tmony and while being cross-eXamlne
Eby Attorney Dutton had a slight faint
! ling spell.
VI Recalled again to the witness stan'