Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-10-27

his hand. His left side was bruised
and his head was bleeding profusely"
WAS there anything else you no.
ticed about his condition."
He vomited several times"
Attorney Heath-"What was the
condition of the two cars?'
"They were wedged in together"
"How far did the Robbins car run
over into the extra carr"
"A couple of feet I should think"
"Was the controller of the extra car
bent Backward"
81 could not say"
Lucy Marrow, wife of John II. Mar
row, testified that when she saw the
car coming over the brow of the hill
it was coming very fast, while the
Robbins car was going at a slow rate
of speed.
The jury at this point was excused
for a few moments while counsel de-
bated the question of Introducing proof
of certain specific acts of negligence on
the part of fellow employees of Rob-
bins and the knowledge of the officials
of the road of such negligence. Attor
ney Maher stated the line of testimony
which he wished to put in and Attor-
ney Heath argued against the intro
duction of such testimony. quoting
from a Massachusetts decision to sup
mort his position. Justice Cornish ruled
that the defence might introduce testi-
mony in proof of certain specific acts,
subject to Attorney Heath's objec-
tons.
Mrs Marrow was recalled after the
return of the jury and testified that
Merton Taylor previous to the acct
dent a number of times ran by her
house in small car without any pas
sensers at high rate of speed. Dana
Sanborn ran as conductor with him.
Attorney Heath-"Would you say
that on every occasion the car was an
open one and there were no passen-
gers?"
Witness-"I should say So
do you know there is a place near
the sub-station where small repairs
are made?"
81 know some repairs are made
there"
Sadie E. Hewett of East Winthrop
testified that her house was nearly
opposite to the point of collision of the
two cars. Witness saw the motorman
and conductor jump from the extra
car and saw the two cars come togeth-
er. The extra car was coming at high
rate of speed Witness did not see the
other car until after the collision. Wit
ness knew Merton Taylor and saw
him frequently run by the house in a
car without any passengers.
Attorney Maher-"Did he run the eX-
ira between regular trips"
Witness-"I think So"
Attorney Heath-"Was Taylor over
there on regular orders on these occa-
sions?"
Witness--'I do not know
Joseph F. Spear testified that he
lived at East Winthrop at the time of
the accident and saw the collision.
Had seen Merton Taylor the same
summer run an open car number Of
times to East Winthrop.
Attorney Maher-"What would he
do?"
II do not remember anything par
ticular except that he would run by
l saw him at one time in the sub-sta-
ton while his car was on the siding"
Attorney Heath-'Do you know what
his errand was there?"
Il do not
Albert F. Stone Of Winthrop testi-
| fled that he remembered the accident.
| Witness worked in the oilcloth factory
but had also worked for the Electric
Road part of the time as motorman.
Witness had seen Merton Taylor drive
| a small car past his house without
passengers to the Sub-station. This was
| in the evening and between the trips
of the regular cars. Was at The sub
station one evening when Taylor's car
| was on the siding. Noticed that some
times Taylor left the power handles
on when he was at the sub-station.
Witness testified that on one occasion
| he got on the car, ran it a couple OF
| feet and then brought the handles in
| to TAYLOR who thanked him for it, Wit
ness further testified that on the even
| ing of the accident he looked at the
small car which had been IN the col
lision.
Attorney Maher-"What did the in
dicator show?''
Witness-"It showed that the pow
er was nearly all on
ATTORNEY Heath-"Do YOU know
whether Taylor was interfering with
anyone elses time when he ran out to
East Winthrop"
Il do not know"
"Hcw was the reverse lever when
you looked at the small carr"
1.-The distance of the slot brake"
GLOW much farther could it have
gomez"
about as far again.
"How long was this after the acct
dent? ?"
1T was dark We had to strike
matches to see it.
The deposition of State Commissioner
of Highways Paul D. Sargent in re-
gard to his examination of the small
electric car after the accident was ad-
mitted and read to the jury.
Leroy Foss testified that he was at
Island Park waiting for car to Au-
gusta on the afternoon of the acct
dent. Saw the car of which Merton
Taylor was motorman start at high
rate of speed towards East Winthrop.
Both conductor and motorman were
in the front end of the car Heard
something said between the two men
men about get to the station" before
the car started.