Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-03-13


To stop the automobile but kept right
On going at Il rapid rate Of speed. Al
the tii.ic that ne saw the automobile
he noticed i've men working on the
electric car track.
On cross examination tn" witness
testified that he did not notice the
automobile until after he reached Il
turn in the road. The horses Were
somewhat r"stiv" when they became
frightened n the automobile. When
tht. machine went by one of the horses
made Il jump. The off horse did nut
appear as frightened as the nigh horse
Had never heard that the horses had
ever riin away prior to the day ~
question. He ana Mr.. Newell, who WAS
in the cart with him, did their best -
hold ;hc horses Think Mr.. Newell
vert Of the seat first. The horses
ran N.r'y fast after they got 10y til"
.lltnmobilc ana II" ana Mir. Ncwall
could not hold them.
on redirect examination the witness
testified that h" had not been able to do
Il DAYS work since the accident. He
was unconscious for some time after
tho accident and when he came to his
serses III. G. W. Abbott of Waterviilc
was in the act Of dressing his wounds.
At the opening of the afternoon ScS-
sion OF court Lewis W. Hutchinson of
Oakland was called as the second wit
ness in behalf of the plaintiff. on the
day Of the accident he WAS in charge
Of Il crew of men working for the
Electric Railroad 90. The automobile
was going at an ordinary rate Of speed
but the witness could not tell how
many miles an hour the machine was
being driven. lie saw II man raise
his hand to have the automobile
stopped, but the defendant did not
stop.
on croSsi-eXamination the witness
testified that he couldn't tell 1T his
distance which one Of the Two men in
the team was driving the horses. When
h. saw man in the team raise his
hand the automobile ana the horses
WHre near tosC thcr. He could not tell
whether the man lifted up his hands
Il stop the automobile or not and
! he did rot hear any words spoken. He
supposed that the man lifted his hand
To step the automobile but he did not
know. He could not say whether the
horses were walking or not when the
automobile came in view.
Bert Tuttlc of Oakland, who was
employed on the electric railroad con-
struction on the day Of the accident,
corroborated the testimony of the
previous witness.
on cross-cXaminati ton the witness
testified that he did not know which
of the two men in the team lifted their
hands. There was nothing about the
speed of tho automobile which attract
eG hi; attention.
+. y. Higgins of Oakland, a meter
man on he Watervillc & Fairfield
Electric Railway, testified that on the
daF IF the accident he was in Hutch
irsCn's crew working on the road II"
ccrroboratod i'll part the testimony Of
tn" two preceding witnesses in regard
to tn" accident.
Nothing material was brought out in
the crnss-cXa,nnation by Attorney
Johnson.
Alonzo Cochrane and \. T. Cochranc
ot oakland who were also employed
on the road construction. told of see
irg part Of the accident.
John II. Matthews Of Watcrville
testified that lie resided on Western
avenue in Waterville. He saw the ac-
cident in June. 1906. and stopped the
horses. although their progress was
REGARDED by q ocle getting in the
way.
The deposition of Walter f. Newell,
one of the plaintiffs and who was in
the team with Clarence NJ. Pierce on
the lay of the accident which. Vas
taken by agreement of the parties was
read by Attorney Foster The derosi-
ton stated that when he saw the au-
tomohile coming he began to tighten
up on the reins and Pierce sgnaIled
for the horses to stop. The: last
signal was given when $50 feet 'from
the automobile. The near horse: reared
ana nlun@ed and jumped while the off
one WAS not so frightened. The near,
horse jumped the wagon q little cora
nerWi5e at first. The other one was
not 50 scared and caused the near one
to haul the wagon a little crosswise
The eft horses leg hit the traces It
ungr2 bbed the off bitchain that let
the horGe ahead enough to let the
pole drop out 0T the yoke.
Continuing the deposition said that
tHc i'ole caught III the street before
he vas thrown. That gave him a heavy
lurch forward. and bracing his feet.
his footing gave way. Then he hung
t" the seat as hard rs he could and
the pole caught again and that throWod
him off. lie pitched in between the tug
and the horses and Mr. Pierce stepped
on his back and as Mr. Pierce went
ahead his foot caught in his New
cilS> S'ISpcndefs and rolled HIM over
Kind Of cornering and the fofiyar,:
Vince. struck him in the right groin,
PASSED across him, across his chest
from the left shoulder. He did not
know bow long he was in the road af-
tc:' the accident. He has not been free
from lHnenes>s since the accident.
lainrnesS il the abdomen and on the
right side. ~
Dr. c. W. Abbott of Waterville tes-
titled that he vas called in his profess
siJnal capacity to attend Nessrs.
Pierce and Newell after the accident.
Such injuries as Newell received, said
The witness, might bring on tubercur
loss and Newell had no symptoms of