Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-02-18
ARGUMENTS IN LYONS
TRIAL AT BANGOR,
Counsel Stearns Arlaigns Railroad.
Co. Atty. Patten Says, Ills Lyons
Responsib|e?"- ITO Jury Today.

Bangor, Feb. 1.-THE case of Percy
W. Lyons, the Maine Central train
dispatcher. charged with manslaugl-
ter, was resumed at this morning
session of the supreme court. Operator
Antonio Roy. of Quebec. who was at
the station at Northern Maine juno
ton on the night of the wreck was on
the stand the greater part of the morn
ing session. Roy's testimony followed
closely that which he gave at the hear
ing before the railroad commission. He
said that he had mistaken 4 shifter for
train So and had telegraphed Lyons
that So was coming in. but had learned
afterwards that Sc had already passed
through. Attorney Williamson for the
defence moved for the acquittal of his
client on the ground that the court Of
Penobscot county had no jurisdiction
i'll the case. The motion Was denied
and Mr.. Williamson then opened for
the defence.
Percy W. Lyons, the respondent was
first called for the defence. He ad-
nitted that he did not follow train or
ders in some cases, but claimed that in
so doing he was following custom.
Brakeman Jewett testified that he
saw Sc go by and asked Roy why red
light was out. He told Roy Sc had
gone by. Roy then appeared very much
excited.
The first witness Of the morning was
A. A. White. an important witness Sat
urday, who was recalled to the stand.
He testified that rules - and ~ of the
Maine Central have fallen into disuse,
and at the time he was division super
intendent the rule was not enforced.
Operator Roy of Quebec. who was in
the employ of the Maine Central at the
time Of the accident at time OF wreck,
was next called
MIR. Roy is French and his command
of the English language is tar from
perfect. During some of his testimony
he spoke in low voice and was I'M
derstood with difficulty.
Operator Roy testified that he had
been telegraph operator for over -four
years.
He testified that on the night Of Nov.
q the first order that he received il
regard to train &c WAS order No. As
which he produced. 1t read: No 36
and Eng. 364, Reynolds, conductor. will
meet at Hermon Pond instead of :tna.
1t was signed c. II. Priest.
The dispatcher. according t. ROy's
testimony. asked him for So and he
looked out the window. saw I head
light. but not the number, and thought
it was Sc.
Afterwards a brakeman. employed
about the station. gave him the infor-
nation that SO had gone through. He
mad no further order from the dis
patchcc that night. Before taking the
order he went outside and put up his
red light to stop the train coming IN.
Did you hear a train going by prior
to receiving this order" questioned the
county attorney.
Eyes, sir. | thought it was a shift
er"
What were You doing when the
train went by"
Il was giving information to 4 man
The witness testified that the train
in question passed the station about
9.lS
Had Sc registered at the station
during any of the time that you was
employed there?''
"EO, sir; they We're not obliged to.
did you hear any dispatches over
the wire prior to receiving order IS
to the telegraph operator at Hermon
Pond
No. sir"
County Attorney Tatten turned the
witness over to Attorney Williamson
| for Decentralization.