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

respondents and days of careful prep
aration by the attorneys for The de-
fence, the celebrated Thayer-Dunbar
manSlaughter case finally commenced
in the superior court Friday morning.
II. f.. Thayer, engineer, OF FoXcrOft,
and T.. r. Dunbar, conductor, of Wat
errille are the respondents at the bar,
charged with causing the death of
Frank F.. Rclanger, brakeman oil
freight train No. rs. at Benton Oct. 9.
1907 1t is on this charge that they are
being tried and it is said that the
trial is without q parallel in the his
tory III Maine courts.
Joseph Williamson, one of the at
torncys for the defence. during the
early part Of the day Friday, stated
that the defence was that the dis
patcher Porter, who issued the order
to Thayer and Dunbar, was response
BILE for the accident. Porter was work.
ing 1T the time under the direction of
Charles II. Priest of Wateryille, as
siotant superintendent. having charge
of something like lao miles Of the
Maine Central railroads in the vicin-
fifty of Waterville and the men on
them employed.
The session opened at 10 4. NJ, the
court room being well filled with spec
tatorS. On motion of Frank L. Dut-
ton. one of the counsel for the respon-
dents. they were allowed to take seats
in the bar with their counsel to facil-
itate the progress of the case. 1t was
Il noticeable fact that every one in the
room seemed deeply intent and greatly
No
tine that sheriff Plaisted announced:
1.-The Court" until the close of bust
ness for the day, lack of interest was
not apparent.
During their arraignmcnt the re-
spordents were seated in the prison.
cr's dock. but after the motion by
Counsel Dutton, with their wives, took
seats in the lar near their attorneys
Then came the drawing of the jury
to serve on the case. 1t was thought
that this selection might consume
some time, but as it happened, how
ever, only one juryman was chal-
lcnged, Z. L. Bishop Of Monmouth.
challenged by the defence.
The following jury was selected: w
T. Haywood. Winthrop. foreman, far
mer; Herbert l.. Head. Halowell,
roadmaster; Eugene z. Stackpole. Az
eusta, farmer: Wilbert B. Eldridge.
Iallowcu. stone cutter; Henry S.
Thyns. Augusta, clerk: Clinton II.
Goodhuc, Sidney, farmer: Theron T..
Doe China. farmer: J. r. Bremner,
Clinton. farmer. Elias s. Cowan. Car
diner, carpenter: +. A. Turner. Chel-
sed, farmer; Fred +. Osborne, Water
VILE clerk; John III. Neal, Vienna.
! farmer.
County Attorney Bcane then opened
| the case fer the State, in part as fol-
| lows:
! Your Honor Mr. Foreman and Gentle
men Of the Jury:-Thc case which is
about to come before YOU is n peculiar
| one. 1t is, | believe, unparalleled in the
| records of the criminal courts of
Maine. 1t is a case in which two men
are charged with the crime Of MAN.
slaughter. Involuntary manslaughter
is the correct legal definition. The
meaning Of this will be explained to you
more fully rs the case proceeds and by
His Honor, who will give you the law
which is to govern your decision.
1t is not my purpose Mt this time to
testify to you. ] prefer that You shall
learn the facts in the case from the
lips of those who will testify under
oath upon the stand At this time |
will briefly outline to you the incidents
which occurred in the city of Water
willie and the town of Benton in this
county on the second day of October
last and out Of which has grown the in
dictment upon which the respondents
at the bar. f. b. Dunbar and Fl. T..
Thayer. are now upon trial
On the afternoon of that day. Oct
Cd, 1907, it became necessary for the
Maine Central railroad to send work
train from the city of Waterville to
Newport Junction. a point some 81
miles distant to the eastward. This
train consisted of Il locomotive. engine
sol. several freight cars and Il caboose
The engine was in charge of Engineer
Thayer, while Conductor Dunbar had
charge of the train. The order under
which this train was to move was ii
the usual form of special Geographic
orders and was as follows:
&C. and E. Engine No sol. Waterville
Engine No. sol. Dunbar, conductor
will run extra Waterville to Newpor
Junction. Will meet Engine No. 80
Huston, conductor, and Engine No. 36S
Frost, conductor. at Clinton.
(Signed) c. H. PRIEST
This order was received by Dispatch
or Porter and the complete which mad
it lucrative was given at e.40 o'clock il
the afternoon. The order. which will
be in evidence, is signed by Dunbar
! conductor. and Thayer. engineer of No
sol.
It will be shown to you by the State
witnesses that under, the rules govern
. ing the operation of trains upon TN
railroad special trains. moving unde
orders Of this nature. are expected I
+ keep clear of all regular trains. Tha
o is. that the special must keep out OF tn
way Of such trains rs have place o.