Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-02-03

duty will follow YOU like II nightmare
all the rest of your lives.
Gentlemen, through the infinite
mercy and pity that is due these re-
spondents, you should throw about
them the icy mantle of facts and give
them the protection of the common
law, the benefit of the doubt.
County Attorney Beane followed
Judge Stearns. speaking at some
length for the State In remarkably
logical and forcible argument. 1t was
presented without heat and was OF in
terest from start to finish.
The county attorney opened by con-
graduating the jurymen on the close
of the criminal term and also on the
pleasure that he had had and was sure
that the jurymen had enjoyed. of lis
tening to Judge Stearns, one of the
best advocates in New England during
his plea.
County Attorney Beane said that
this was the greatest hardship that he
has ever been called upon to perform
in the way Of public duty. Il have to
present the case against men VINO TOT
years I have known and loved" said
the county attorney, but my duty to
the county and the people must go
on. Judge Stearns cannot appreciate
the qualities in these two men as l
appreciate them.
Gentlemen, have you ever, and you
have, every ore of you, ever noticed a
cob web on the wall and seen how the
lines ran out from the center. one
circle and yet another" Judge
StearnS has made a cob web In the
center is a single figure. AS 4 spider
catches the fly, so has my brother
Stearns caught the Maine Central
Railroad
at has been the argument that the
Maine Central Railroad is the party
involved and it has also been intimat-
ed by Brother Stearns that L am
acting for this corporation.
-Oh, no, Brother Beane," hastily in
terposed Judge Stearns at this state
ment, you misunderstood me. l did
not say So"
After the slight interruption Mr.
Beane continued by saying that the
defence was arguing the case on four
grounds, namely, sympathy, corpora
ton, testimony in the case that applies
to the case and the sympathetic sida.
This offence is not so grave as has
been charged" Mr.. Beane then read
the law relating to involuntary man.
slaughter, as quoted in Mr.. buttons
opening Friday He stated that the
sentence might be very light, say a
fine OF . dollar or a single days inn
prisonment in Jail.
County Attorney Became then gave
the definition for involuntary man
slaughter and stated that Oh Oct. 2
that Thayer and Dunbar We're doing
negligent manner There are no de-
grees of negligence but the term rea-
sonable care is a relative one.
Mr.. Beane then described the history
OF the case and said that the jury
must keep in mind that they We're not
trying the Maine Central corporation.
The witnesses were compelled to come
and testify as to what they knew about
the case.
We are here to determine the facts
in this case and see if Thayer and Dun
bar exercised the care in this matter
that other men would have exercised.
Did Dunbar and Thayer ON that day ex
ercise the care that other men would
have exercised In running that train
out?
You are rot to be bound by the rules
of the corporation. No more does the
breaking of that rule By Porter release
these men from their responsibility. 1t
does not release the respondents in this
case from using such care as they should
have used. Have you, in all the testimo-
ny or argument In the case, single sug-
gestion that Trayer had exercised any
care?
''Thayer says that the first thought that
care to his mind was when he saw the
train coming around the curve There is
nothing wrong in these hoys here. l ad-
mire Thayer when he takes the RESPONSE
bility on his shoulders ard if there Is
any way To acauit them. gentlemen. for
Gods sake do 1t.
The only claim the respondents have
urged upor you Is that Dunbar and Por-
ter had some controversy there and that
Dunbar and Thaycr had an order placed
on their shoulders that it was impossible
to obey. The officials and the corporation
may have been negligent but it Goes not
shift the responsibility in regard to these
men. The public has n right to demand
that these r>en shall exercise lust care
in running these trains. 1t is now time
for us to say whether ordinary care has
been exercised in the running CT these
trains.
MY brother agrees that Porter should
he before you at this time. The same
excuse that Dunbar did not know whetE-
er 22 had arrived or not would apply to
Porter. The rules Of the corporation have
been and are broken and sometimes with
fatal results. The question arises. did
Dunbar take any precautions to find out
if 2S had arrived? Where there Is Il col
lision there is prima facie evidence that
there was negligence. Gentlemen. Dun
bar was in duty bound to know the po-
sition of IS before leaving the yard.
80. gentlemen, YOU cant bring Frank
l.. Felenger back to life--fc is ir
Heaven; but your verdict may save other
lives. In that verdict God knows how
many human lives you will save in the
ncyt few years. Now, gentlemen, 1 am
not going to argue the case further
haven't argued it. / have simply stated
the facts. Your verdict is important.