Daily Kennebec journal., 1910-03-12

| was CdlleO Oy pldlutlII counsel IN re-
gard to the time of the PLAINTIFF going
to Lewiston. Miss Anna Pomerleau
testified that William Vigue was at
her home in Augusta Sunday before
he was hurt on Monday Joseph Clou-
tier testified that he was foreman of
| the L.. A. K w. ST. Ry. at the time of
the accident to the plaintiff and that
the car had but two steps at the time
| the accident occurred.
This completed the testimony and the
argument for the defence was begun
| after g short recess.
Judge Benedict F.. Maher presented
the arguments for the plaintiff at the
| opening of the afternoon session and
after the judges charge the case went
to the jury at $50
| The next case to be tried was that
of Pooler. admx W. Waterville & Fair
! field Ry. & Light Co F. W. Clair of
Waterville appeared for the plaintiff
and Carroll n Perkins of Waterville
for the defendant. The case went on
trial before drawn jury consisting of
Jerome B. Farrell. Gardiner: Arthur
Tracey. Watervile; Fred Beck, Au-
gusta: Lucius S Cony. Augusta: 0. c.
True, Monmouth; Edwin G. Whitney.
Hallowell E. C. Getchell. Vassalboro
(foreman): w. T. Mace. Readfeld: j.
B. Berry. Fayette; James H. McQullin.
WinsIow: George 4. Colburn, Augusta;
Henry W. Roundy. Bath.
| This Is an action brought by Mary
Pooler. administrators of the late John
G. Pooler of Waterville. against the
| Watervile & Fairfield Ry. & Light Co.
| to recover for the election from the car
| of the defendant corporation of the in
testate on May %. 1908. while suffer-
ing from apopleXy. which afterwards
resulted in his death.
The first witness called was Frank
Tremblay Witness testified that he
was on the same car with Mr. Pooler
on the day the latter was elected from
the car. Mr.. Pooler was holding his
head down and feeling badly The
conductor told Pooler he was drunk
and with the assistance of the motor
man put him off the car. They took
him from the car and put him over
the fence. They dragged him along
because he was too heavy to handle
any other way. The conductor and
motorman left him lying on the grass.
fled that he though that Pooler was
full" Did not see the conductor take
Pooler'S fare Witness did not know
whether or not the conductor got any
one to look after Mr.. Pooler after he
had been put over the fence
Deputy Marshal Joseph Libby of the
Watcrvillc police force testified that the
mOtorman of the car told him he had
just put off a drunk and asked him to
take care of the man. Witness saw
that the man was in bad condition and
ordered a hack and had him taken to
his home.
The jury in the Vigue case came in
at 4.55 and brought in a verdict of
$3.50 for the plaintiff. Members of the
Jury in whose towns town meetings
occurred on Monday were excused un-
til Tuesday and the other until Mon
day at 10 o'clock.
Deputy Marshal Libby testified on
cros-examination that Pooler made no
answer when he spoke to him. Wit
ness said to the crowd that had gath
cred around: We had better get a hack
and send him home" Mr.. Pooler was
unconscious and just like a dead man.
was putt in the hack Dr. Pineau was
called and said to somebody in the
crowd: II can't do anything for him.
You had better get city physician
Peter Barney of Waterville testified
that he was standing 80 feet away from
the turnout when Pooler was put off the
car. Witness saw him sitting by the
tree over the fence. All he did was to
groan One of the officers wanted to put
him in the cooler, but Mr.. Libby said
he wasn't drunk and they put him into
the team. Witness on cross-examination
testified that he spoke to Pooler. but the
man said nothing to him.
George Young Of Waterville testified
that he was coming home from his work
when he saw the motorman and the
conductor take Pooler from the car
When he got to the spot Pooler was
Mr.. Pooler weighed about 200 pounds ]
said to him: John. are you sick?" He
tried to answer me but could not
Rev. Narcissus Charland, curate at the
church of st. Francis de Sales. testified
that he was called to Mr.. Poolers house
between and 8 o'clock in the evening.
Mr.. Pooler appeared to understand what
witness was saying, although he could
not speak. Witness on cross-examina-
tion testified that the consciousness of
the man was greatly below normal.
DR.. James E. Poulin, nephew of John
G. Poolcr, testified that Mr.. Pooler died
May "A, 1903. The cause of death was
apoplexy. He was unconscious when
witness was first called Witness later
called in consultation Dr. J. G. Towne
and an attempt was made to restore the
man to consciousness by bleeding Wit
ness saw Fr. Charand going out Of the
house as he came in.
DR.. John G. Towne of Waterville tes-
titled that he was called in the case of
John G.. Pooler in consultation with DR..
Poulin. The patient was suffering from
apoplexy and the right side appeared to
be parayzed. The witness defined apo
plexy as hemorrhage of the brain. Wit
ness testified that the treatment of Mr.
Pooler in the car as described by the
witnesses tended to aggravatc his mall
ady. Witness on cross-examination tes-
titled that the condition of Pooler on the
car was one of partial coma Similar
conditions existed in apoplexy as in alco-