Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-10-28

and he was Instructed as to the signals
etc, by John Pierce. an experienced con-
ductor. He never knew but one COM
plant ever being made against him while
a conductor and that was that he blew
the whistle when as matter of fact the
whistle was blown by someone else. He
did not remember when he was conduc-
tor and Merton Taylor was the motor
man when the car ran at an unusual
rate of speed through the village of East
Winthrop. He had never noticed any,
thing extraordinary in car which was
driven by Merton Taylor as motorman.
Merton Taylor testified that he began to
drive a car at the age of Is wears. He
never ran a car against the lights or to
interfere with the time of any other car.
He thought he ran through Winthrop
village the same as other motormen ran
their cars and he did not think that he
drove the car at an excessive rate of
speed. He did not remember of A. G..
Pinkham of East Winthrop making a
complaint to him that he was driving too
fast. He heard Conductor Staples tell the
witness father. the superintendent. that
he would not run with the witness as the
motorman and the witness father replied
that Staples did not have to run. He had
never heard Staples tell the supernten-
dent that there would be an accident
sooner or later if the witness ran cars
as fast in the future as he had in the
past He made the trip to the sub sta
ton on the day of the accident for troll
ley inspection. The witness testified on
cross-eXamination that he did not remem-
Der of having any dispute with Assist
ant Superintendent Dunn about running
a car.
DR.. o. c. S. Davies of Augusta. called
as the next witness, testified that for
seven years he was one of the assistant
superintendent at the Maine Insane hos
pital and had five years experience in
New York in nervous diseases. He made
an examination of the plaintiff on Feb.
o. last in company with Drs. Tuell and
Frederick The witness found the plain
tiff giving the same appearance as he did
in court. The man was slow of speech
and answered questions hesitatingly, but
his pulse was somewhat more rapid than
normal. There was nothing in the heart
or lungs to indicate disease. There was no
symptom in the patients condition to in
that the plaintiff was sick man but he
did not think that he was suffering from
an incurable disease. He believed that
the plaintiff will get better
The witness testified on cross-examina-
ton that the delay or the uncertainty of
litigation might make a change for the
worse in the condition of anyone affected
in the same manner as the plaintiff
Dr. James E. Tuell of augusta was
called and testified that he had been a
practicing physician for % years, nine
years in Washington county and the re-
mainder of the time in Augusta. Wit
ness testified that the chances were very
good for Robbins improvement but could
not say whether he would get entirely
we'll or not. His spasms were of a hy-
sterical rather than an epileptical type.
DIR. Charles Witherlee of Portland testi-
| fled that he was a specialist in nervous
and medical diseases, was educated at
Harvard Medical school and had prac-
| ticed at st. Paul, MINI. Witness had OBJ
served Robbins attacks in court and had
also observed his mental power as shown
| in his examination. Robbins showed nc
symptoms of any organic disease, all his
symptoms being eXpainabe by the theory
or neuroslS. The slowness of speech on
| the part of the witness indicated tired
mind.
Adjournment was taken at this point ir
the testimony until $50 Thursday morn.
ing.