Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-02-01
Continued from Page One.)

that Extra trains with order to TUT
extra will have until II O'CLOCK MID
night of that day to reach destlna'
ton. unless otherwise specified in theil
orders. The entire text of the rule wa!
read by the witness.
Rule 20 was then offered by, County
Attorney Beane, and this rule was reat
by the witness.
Rule % was offered by the State. i
provides in part that "a train or en-
zine receiving orders to run extra viii
have until u o'clock midnight to reach
e.. destination unless specified in The
orders"
Rule s. was then read and this rule
annlies to the regulation regarding
registry of trains and signals at sta
lions 1t defines the duties of the en-
gineers and conductors on arriving al
and leaving stations.
Had train No. % left West Benton
at time Dunbar and Thaver started
out from Waterville on 301?"
1T had not"
"At the time Dunbar and ThayeI
left on 301 had there been any arrival
of No IS at Waterville showing on the
record of the corporation at Water
ville?" asked Mr.. Beane.
This question was objected to by
counsel for the defence on certain
grounds specified.
Witness then gave "2.4S out Of West
Benton" as last record Of train No. Is
Rule Sc was then read. followed by
the reading of rules Sc and 72.
RI z
70, II and 72 were offered in evidence
by the State. Witness then read rule
ia 70 and Il being omitted. through
their length, but being submitted te
the jury.
Rule 50 was then offered by the
State. Rule 100 related to the form
for running an extra train, the blank
form being read. It stated that each
conductor should be familiar with the
timetables and all rules for running
and that all brakemen should be
properly instructed.
Rule ia states that conductors and
engineman are held responsible fol
the safety of their trains and will look
to their safety in the absence of any
rule.
Cross-examined by Mr.. Williamson
for the defence witness stated thai
Order Nc. Il was given at 2.3O. 1t was
also given to engines 372 and 362. Wit
ness was then asked if all orders shall
not be transmitted through all oper-
ators at different points. and replied
that it was true that the rules sc
stated.
Witness also stated that the rules
required that the order be SIS FUR
tier up the road than the meeting
points Of the two trains.
Witness was present at the inves-
tigation before the railroad commits
sioners and testified at the request OF
TIE NJ. c. r. r.
His book shows that the order was
received by Thayer and Dunbar at
235 and O. KID. at $50.
A copy of train order showed 1t
was o. KID. at 2.4O.
Mr.. Williamson then asked the wit
ness how he accounted for the dis
crepancy in the time. Shown defend
ants exhibit 2 and asked If 1t was the
original order. Witness said 1t was the
ole given him by the dispatcher, Por-
ter. The order was issued at 2.4O and
@. I'd. at the same time.
MIR. Priest also stated that the man
that made up the dispatcher's book
recorded the time the order was is
sued. That was one of the rul-, Of the
road.
Witness then described his duties,
at the request of Mr.. Williamson. He
stated that he had control of 140 miles
of road and all the employees under
him in this district. Dispatcher Por-
ter was under his supervision. During
the movement of trains. while he Is on
duty he sis the Maine Central Rail-
road"
Supt. Sanborn of Portland is in GER
eral charge Of this part of the sys-
tenn and was present in court, so
witnesses stated.
Porter, the train dispatcher, is "a
years of age and it is not known
wher. he is located at the present
time.
At this point Mr.. Williamson stated
that the defence claimed that Porter
was responsible for the accident, In re-
ply to an objection to his question re-
garding the length Of time Porter was
in the employ Of the railroad after the
accident at Benton.
The question seemed inadmissible to
the court, but it was finally decided to
admit II.
Mr.. Porter resigned about Dec. 90"
The court-"As the case now stands
I will exclude the question"
Where is Mr.. Porter?" asked Mr.
Williamson.
HE has been in Boston and he has
been In New York. but 1 don't know
where he is now" replied the wit
ness.
Witness then read the last order
given to No. % from his book. but
stated that he did not have the orig
iral copy.
The original order was furnished by
the State at this point.
II show you defendants exhibit 3
and ask you if that is a copy Porter
furnished the county attorney"
Yes, sir"
II call your attention to this copy.
What time was this order made COM
plete?"
% o. ID ~,