Daily Kennebec journal., 1910-11-05
Stewart Case Is About
Ready for the Jury.
Arguments This Morning. --veT-
dict Expected by Noon.
Reassignment Of Cases Will Also
Be Made This Forenoon.

Tie Friday session Of the kennebec
county supreme court was Il busy one
although only one case was heard. that
being the now famous case Of James
O. Stewart W. the Lewiston, Augusta
& Watcrvillc street Railway. Although
the opening OF the case came Wcdnes-
day afternoon III" real beginning came
With the Friday morning session.
The first testimony given was that
by Civil Engineer y. G.. Ndrcross. who
was examined and cross-eXamincd by
Attorneys Thompson and Heath con-
cerning the relative measurements
and distances connected with the
scene Of tllc accident.
The next witness was tie plaintif,
Mr. Stewart, and who was occupied
on the witness stand for over an hour
by examination and cross -eNamina-
tons.
The principal witnesses of the morn
ing session We're the Dudley brothers Of
Winthrop ard William Y. Ballard of
Manchester. these three men having
been near the scene of the accident at
the time. These witnesses were put
through rigid crosse eXamnation as
to the buildings and surroundings con-
n2ct"d with the fatal accident and as
to the possibilities of the victims Of
the accident to have avoidcd it and the
relative positions of the team and the
car from the time both were sighted
until the victims of the collision We're
properly taken care of. The cXamina
ton of these witnesses occupied nearly
the whole of the morning session.
Two more witnesses We're examined
during the forenoon. They were Percy
Johnson and Edwin Packard, two
bright looking little lads from Win
thrOp Of about II years of age. These
boys We're IT," only passengers on the
car at the time Of the accident out
side Of three employees OF the company.
The main points Of the boys testimony
was that the conductor was running
the car ard that no signals i'll the
shape Of whistles. gongs or bells We're
rune announcing the fact that the car
was nearing the Dudley crossing. The
examination of these boys completed
the forenoon session.
The afternoon session began at go
with medical testimony Of the wit
nnss"s Of .llc plaintiff. DIR. Albert II.
Sturtevant was the first medical ex-
stated that he was one of the physl-
clans in attendance Immediately after
the accident and that while the plain
tiff was n patient at the Augusta, Cen
eral hospital and had care Of him.
on cross-cXanination he gave a de-
tailed description Of the injuries sus-
tanned by Mr.. Stewart and special
stress was made on the cuts and
wounds received about the face and
in the vicinity of the eyes.
DR.. Oliver w. Turner physician and
eye specialist, was then called on the
stand to testify as to the condition OF
the plaintiffs eyes before ana after
the accident
Minute technicalitias Of the study Of
the eye We're broachcd as one OF the
most important points in the case or
the plaintiff is til" alleged injury to tho.
sight of the left eye caused by the
deep cash received over that eye.
After the testimony Of DR.. Turner
was heard the attorney for the plain
tiff read the written testimony Of Or.
ElwcOd r. Eastman OF Boston. DR..
Eastman had examined the plaintif's s
eyes several times while lie. the plain
tiff lad been in that city and the Writ
ten testimony was at the request OF
both partieS involved. This testimony
was similar in character to that Of
Dr.. Turne". 1t also finished the list
of witnesses called by the plaintiff
and the court directed the defence to
confluence its case.
In view Of the fact that the defence
did not desire to have any witnesses
because they claimed that it was not
necessary, II. NJ. Heath, attorney for
the defence, stated his side Of the case
by reading to the jury the testimony
of two of the plaintiffs witnesses. John
the coroner's inquest and the previous
trial Of the case about year ago. He
also stated that from his side Of the
case il WAS Il simple quest ion of the
common law stating the equal rights
OF the Usage of crossings inasmuch
that both parties are using the pre-
cautions that are necessary in such
position.
TIL" testimony for the defence hay
ing been completed. court was ad-
lournod until this morning when the
arguments for both sides will be heard.
after which the court will charge the
jury. IN all probability a verdict will
Bn reached by noon
While the jury is out for a verdict III
the Stewart VS.. L.. \. q w. street
Railway case a re-asSignment OF cases
Will he made owing to the fact tHat
many Of the eases have been settled
6..fo Tod