Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-10-26

1907, seriously injuring the plaARx@H
Benedict +. Maher appears 1or the
plaintiff and Heath & Andrews Tor the
defendant.
The case went on trial before a
drawn jury with E. H. Cook of Vas
salboro as foreman Four challenges
were used by the plaintiff and two by
the defendant before the panel was
made UP.
The first witness called was Henry F.
Hill, city engineer who explained in
detail a map drawn by him showing
points on the Winthrop division or the
Lewiston, Augusta G. Waterville St
Ry.
Oceolar Robbins of Hallowell, the
plaintiff in the case, was the next wit
ness called. Mr. Robbins walked with
the aid of a cane and was allowed to
sit while giving his testimony.
Attorney Maher-"At what time did
your car leave Winthrop on the day OF
the accident?"
Witness-"Five o'clock"
What did you see on the front end
of the car that passed you on the East
Winthrop siding?"
Car following sign"
What did you do?"
Il asked if there was a car follow
ing"
What did the motorman tell your
HE shook his head and took the
sign off, when he got along to the SID
ing he told me that the extra had stop
ped a. Island Park"
How were the lights in the signal
block when you started from the sid
jng?"
"There wasn't any light until l got to
the signal block and there it showed
white.'
"Where did you stop neXt?'
Eat the sub station to take passen-
gers"
What happened after that"
"rhe last thing 1 can remember is
leaving the sub-station."
"Do you remember being in the hos
pital?"
''The next thing I can remember
was in my bed at home"
Witness further testified that his
health was very good before the &C
cident and his weight from 165 to $50
He now weighed but 142 and suffered
pains in his head, shoulders and back
His appetite was poor and he coulc
not sleep very well.
Attorney Heath-"Did you ever run
as motorman with young Taylor and
show him how to run carr"
Witness-"I never did"
Were you ever motorman on a cal
where Dana Sanborn was CONDUCTOR
II think I was
when was that?"
1.-THE year before the accident
A short recess was taken in orde
that Robbins, who appeared mucl
fatigued under the ordeal, might b.
given a short respite from testifying
Robbins was oss-eXamined after tn
recess at considerable length by Attor
ney Heath apparently for the purpos'
Of ascertaining how good his memor.
was in regard to events both befor,
and after the accident.
Attorney Heath-"What was til,
number of the car you were running
at the time of the accident?"
mo. 26.'
"Was it a four-wheeled or eight
wheeled caro-
"An eight wheeled open car
The witness at this point was at
tackled with severe fa1nting spell, re-
quiring him to be removed from the
court room.
Richard E.pTrask, conductor on Rob
bins car at the time of the accident
was next called. Witness was on the
running board making change near a
station called Pine Bluff when he gol
the emergency brake. A short space
after the air went off the crash came
Attorney Heath-"Did you look al
the controller or reverse brake on your
own car after the accident?"
Witness-'I did not. There was nc
chance"
Albert e. Richards, motorman on the
car that crossed No. rs, the car on
which Robbins was motorman, at East
winthrop, testified that the car on
which Taylor was motorman followed
him from the Augusta postoffice to Is
land Park. Witness was notified that
the extra was to follow him to Island
Park. His car stopped at Island Park
to take passengers from the extra cal
throp.
Attorney Maher-"Do you remember
saying anything to Motorman Robbins
as you passed him."
Wltness-'I do not"
LleWellyn Hit, conductor On the car
run by MotOrman Richards, testified
that he left the Augusta postotfice on
the afternoon of the accident with an
extra car following in charge of Mer-
ton Taylor and Dana Sanborn. The eX-
ira car was billed to follow the regular
to Island Park Taylor also told wit
ness that he would follow as far as
Island Park. Witness waited for the
extra at Island Park and asked Tay-
Tor If he had any passengers to go fur
ther. He replied that he had not
witness remembered Robbins pointing
to the sign on the front end of his car
and saw Richards lean over and take
the sign and place it inside the car.
Mayor Treby johnson was the next
witness ~ J, L