Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-03-14
Final Adjournment Of This Term
Will Take Place Tonight. :

These cases are two actions, tried to-
gethcr. the plaintiffs being Clarence NJ.
Pierce Of Fairfield and Walter f. New
ell of Sidney, formerly of Fairfield, and
the defendant is A. o. Lombard of
Waterville. The plaintiffs claim dam
ages. Pierce in the sum of $4,000 and
Newell in the sum of $500, for injuries
received by being thrown from dump
cart at Waterville, June 10, 1896. their
horses being frightened by the defen-
dant's automobile, caused, so the plain
tffs allege. to the negligence of the de-
PENDANT One of the plaintiffs, Walter
F. Newell, was unable to appear in
court, and his deposition was read by
Attorney Foster at Thursdays session.
A great deal Of interest was manifest
ed in the trial of the action.
Dana p. Foster, Esq, and Carroll N.
Perkins, Esq, of Waterville appear as
counsel for the plaintiffs and Charles
f. Johnson. Esq, of Waterville for the
defendant.
At the opening of court at 10 O'Clock
Friday morning 10 witnesses were
sworn in behalf of the defendant.
A. Q. Lombard, the defendant was
first called. He testified that he was
the cwner of an automobile on June -.
1906. the day of the accident, and was
or Western avenue. He did not meet
the two plaintiffs on the day in ques-
ton, did not know the men, but had
been told since that he did meet the
men. Don't remember Of seeing any
men working on the electric railroad
Saw the team at some distance and no
ticed that the men were riding up in
the air seven feet high from the
ground. There was nothing in the
conduct of the horses to draw his at
tention until he got up to short dis
lance frcm them. No one in the cart
called to the witness that is, if either
man in the team did call. the witness
did not hear them He did not know
that any accident had occurred until
afternoon and the affair happened in
the morning. A few days later he met
the same team in front of $. S. N0se',
house on Western avenue and when
the witness, with his automobile got
near it, the man in the cart lifted his
hand and he stopped his machine. Just
as soon as they passed the automobile
'llRH StdTttu u run WIFI Il
vengeance. The horses ran some dis
tonce before they stopped. In the af-
ternoon he visited the scene of the &C
cident.
On cross-examination the witness
testified that he did not notice any
one lifting his hand or hands. He did
not remember of talking over the case
with Attorney Foster in his office and
did not remember of telling Mr. FoS-
ter in his Office and did not remem.
ter that the men did not give
him UombarO any signals The
horses didn't show any fright. just did
"a little dancing around" The road
is not q narrow one for two teams to
pass, or an automobile and one team
tC pass. On the occasion of meeting the
team after the accident when the man
put up his hand the defendant stopped
his automobile.
81 always stop my machine" said
whenever any one in a team raises
hand and when I see that a horse is
becoming frightened
Daniel Clement of Waterville testi-
fled that he snapped pair of horses
with Walter f. Newell, one Of the
plaintiffs, two years ago this month
He told of the occasions when the
horses rlr away when he and his son
were IN the team.
On c"Oss-eXamination the witness
testified that he did not tell Attorney
Foster that the only time that the
horses ran away was when they met
the steam cars or an automobile
Clayton G. Ellis OF Oakland, an
electric car conductor. testified that
he had seen the two horses. who
Were hauling the cart containing the
plaintiffs on the day of the accident.
in a runaway before that time in Oak
land
Frank Clement Of Rome son of DAN
ic' Clement. testified that in the fall
of 1%3 he drove a pair of gray horses
which were later disposed of to one
Of the plaintiffs The horses had run
away before they had come into the
possession Of the plaintiff, Newell. On
another occasion while the horses were
hauling wood to Oakland they heard
a train coming and ran away.
On cross-examination the witness
testified that the horses behaved prom
erly' while they were in the stable.
AT The afternoon session Of court
Mrs Eta A. Bowden of Waterville was
called as the first witness She testified
that on the morning of the accident
she was on her back porch with a
neighbor. An automobile driven by the
defendant and a team drawn by two
gray horses met on the roadway. There
were two men on the team whom she
did not know at the time. She did not
see either Of the men lift a hand nor
did she hear either of them sneak.
When the automobile was Opposite the
horses started to run. Couldn't tell
whether both men held the rejns or
not as they were back to her.
Nothing material was brought ont
In the INSTRUMENTATION
Mrs. Mabel Swift Of Wateryille was
called az the next witness. Her evil |
dence was in the line Of confederation
OF the preceding witness.
Elisha Bowden of Wateryille testi. |
fed that on the morning of the acct
dent ne was in the vicinity Of his