Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-03-14

home. Saw the automobile, driven Dy
the defendant, go by at rate Oh HVe
or six miles an hour Saw team maui
ed by two gray horses, with two men,
when it reached opposite the house
where the witness was working. The
horses We're trotting and both men
were on the seat. When Mr.. Vose's
house was reached the two men left
the scat and when they got to Russell
street the pole came out.
Or cross-eXamination the witness
testified that he did not remember Of
telling anyone that he did not know
when the pole on the cart broke.
l.. F. Nye of Fairfield testified that
his firm was engaged in cutting wood
during the winter after the accident
and Walter l.. Newell, one of the
plaintiffs. with his team, was employed
by him. Newell went to work Dec. IS.
1906, at noon, took care of his team
ana drove it and loaded and unlOaded
Newell worked until March 9. 1907. at
noon and did the same work as other
teamsters employed by the firm. Dur
ing that period Mr.. Newell lost six
and cne-half days according TO the
time book kept by the witness.
On cross-eXanination the witness
testified that when Mr.. Newell hired
out with him he (NewellJ did not say
that he could only do the work of half
Il man. 1t was necessary for Newell
as the driver Of q team to load and
unloal and Newell looked like a well
man. although he had a cough at that
time.
Dr. o. c. s. Davies of Augusta was
called as the next witness. He testi-
fed that he had been practising ply
stefan and surgeon for % years r.
Augusta and New York City. He visit
ed Walter E. Newell at his home at
Sidney this week and made an exam
iration of him. He found no injury to
the chest and there was nothing to in
dictate that there was much trouble
in the groin. There was no visible in
Jury to the mans back but Newell
complained Of a pain in the lower por-
ton Of it.
Continuing DR.. Davies testified that
Newell gave every appearance Of be-
ing a sick man, was emaciated, his
temperature was 101 when the normal
temperature is 9Sl4, and his respira-
ton was 80 when it should not be high
er than IS or 90
'Mr. Newell" continued the wit
ness, lis now suffering from pulmon-
airy tuberculosis, consumption of the
lungs
At 4.3o o'clock the defence rested
and Herbert Bickford of Belgrade was
called in rebuttal. He testified that he
bought pair of horses last April
which were the ones attached to the
cart on the day in question. The wit
ness had driven the horses in front
OF steam cars, electric cars and au-
tomobiles and they had never mani
tested desire to run away
On cross-eXamination the witness
testified that he had kept the horses
at work or the farm. He was not told
by the man from whom he purchased
the horses that they were liable to run
away.
Attorney Johnson had finished his
closing argument in behalf of the de-
PENDANT when court adjourned until
10 O'Clock Saturday morning.
An innovation will be tried at the
April term of the Kennebec superior
court, which will convene April Z. On
the afternoon of that day a civil case
will be tried and the list of the civil
cases will be disposed Of before the
criminal docket is called. 1t has for
years been the custom not to try the
civil cases until after the conclusion
OF the criminal docket and the trav-
erse jurors have not been ordered to
REPORT until the Monday following the
converting Of the court The grand jury
will meet on the first day of the term
as usual In the past the interval be-
tween the sitting and the rising of the
grand jury there has been nothing,
with the exception of divorce actions,
so that the new arrangement will les
sen the length of Il term by four or
five days.