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

Railroad
Judge stearns then referred to the
single track used. the antiquated APP
pliances and the mighty traffic that
pcsses over this part of the system TO
show that accidents might happen at
any time.
but this is not all, the loss Of limb
or life. 1t is small in face OF the fact
that the railroad will employ such "A
creature as that man Porter. What
commentary on railroads might be
written where railroad gave this boy
of 24 years authority to direct the
movement of trains over 140 miles OF
territory"
Aye, a worthless, dishonest boy that
would falsify the records of the COM
pany and try to place the blame OH
the backs of honest employees" That
is the fellow the Maine Contra! Rail-
road is trying to shield from punish
ment."
1T is no use to deny the fact that
human life can be worth but little II
it is left to the integrity Of such men
as Porter. Rut Porter is not here. OF
course he is not here. He was doing
his masters bidding for three months
after that accident, but left just be-
fore it was time to appear in this
court
The engineer and conductor were dis
charged, but this young man Of sour
rilous reputation was retained. VIII
he come back to the Maine Central
Railroad? Perhaps.
Judge Stearns then reviewed the rail-
"a, 1( Drsr inc
he had slight experience in his esti-
nation to conduct the traffic Of $40
miles of railroad and all the traffic east
bound and west bound through Water
vile. He proceeded to read from the
testimony of Priest, emphasizing the
points he wished to make with telling
effect. Not only could the assistant
superintendent wear a mantle as the
Maine Central Railroad but he could
also doff it at will and bestow it on
his assistant Porter" said Judge
Stearns.
IF the mantle of the Maine Central
Railroad is sufficient to make rules it
is also sufficient to change or modify
them as the exigencies of the case
may require"
I'm the respondents the spirit Of
truthfulness is so strong that they
concealed nothing, neither at the in
vestigation before the railroad COM
missioners or here in court. They
throw themselves on the mercy of the
court. They are not leaders Of their
craft. They knew nothing Of an Of
fence Cf this kind and it would be a
monSt-cuS offence to convict them Of
it. Both men We're new at their jobs
They had every incentative that men
car have to do their duty. Their wives
and families depended on their doing
their duty. / believe that both men
used all the skill that they had
Now here is rule that I pray that
you will not forget that whether those
two men were guilty of the crime
charged depends on the facts that ex-
listed at the time of the accident, and
l pray you. as you hope for Heavens
peace hereafter that you consider we'll
the circumstances in deciding if they
were criminally negligent at the time"
Judge Stearns then reviewed Dun
bars visit to the Office OF the dis
patcher and his reception by Porter at
the time.
He referred to Dunbar trying to do
his duty before he went to the Office
by looking at the train register and
noting that train No. % was not regis
tered in. What was the conductors
duty in regard to going? He tells you
that he did not think of that train.
but II he had thought of train No g
he would have been justified in going,
for he had his orders. He saw Porter
put down the time of leaving as 2.40
p M. You can see and l can see that
Porter had in mind that IS was in
Take any evidence presented and ic
the men We're forced to do thing
the lapse Of memory Of an
other trey cannot be guilty. / SUBJ
nit to you as candid men that he
would be entirely just in leaving as
he did
IF they were punished for man
slaughter would the dead be brought
back 10 life? 1t might vindcate the
Maine Central Railroad and It's crea-
ture Porter to have q conviction bu:
it would outrage your consciences.
ITO the extent of their capacity these
men did their duty Angels could do
no more. Angels might not forget
but mortalS may at times.
1T would have been a safe assump-
ton to believe that IS was in before
2.40 P. NJ. Had the conductor and en-
gineer seen the train in the yard they
would have been justified in starting
out; why not if ordered to do so by a
superior? There We're many tracks in
the yard. 4S or so it has been told, and
that train IS might have been on one
of them and been covered from the
view of the men. That Engineer Dun
bar had right to go. gentlemen. he
cannot be convicted. That Porter
vas the guilty party who ought to ne
indicted in this court. 1t has been told
how he telephoned to that old man
at the gate, stop him. stop him. Next
came the wrecked train and next death
and threatened disgrace tn two living
men
'At 30 that train dispatcher Porter
sent those men on that awful mission.
Gentlemen. ne is the guilty party. To
cover his guilt Porter has falsified his
records. He has not recorded as he
should on his books aye. more than
that he has made eras,res in his rec
Or7S.