Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-11-07
Verdict Reached in J. 0.
Stewart Case Saturday.
Plaintiff Awarded Damages in
The Sum Of S1O54.17.
Date Of Superior Court Of Water
vile Set Ahead.

fhe Saturday session Of the supromc
JudlGla court was introduced bl the
closing arguments for the defence. II
VI. Heath Tor the defence, based the
defendant company's case on what he
clalli!"d was the contradictory 1cSti
mony as given by two Of the PLAINTIFF
witnesses, john Dudley and J. q.
Stewart. 1t was also based on the
tact that he could prove the plaintiff
was not exercising the due care thar
person under ordinary circumstances
would in such a case. He then gave
ms proof ending up with a summary
OF thr two testimonies as given hv the
pi;ilhtih. j. .. Stewart, at the present
trial and the previous trial held about
year ago and pointing out what lie
claimed were tiat contradictions.
Each attorney vas given an linur in
which to deliver the closing arsumcnts.
tie argument for the plaintiff ol
course coming after that Of the de-
PENDANT.
+. NJ. Thompson, attorney for Tho
pialntlff, commenced his argumcl t
with contradictions to that Of the de-
Tending counsel. He claimed that lie
Two testimonials We're substantially
inc sam" except that in the lapse OF
tihlc between the two trials the Wit =
hcSS"S had taken the opportunity tn
thoroughly review the circumstances
and had seen wherein they We're Slight
lE MIXED in facts. In his arguments
ne criticised the opposing counsel for
the unfair methods taken in stating
the case and stated what he thought
the reason fer so doing
Mr. Thompson also stated that the
proving of the two facts in the case
which We're essential to The case haG
been very simple matter They were,
that the accident was caused by the
criminal negligence of the defendant
conpanE'S servants to exercise proprr
care and prudcnc" in the management
| CT the car ard that the plaintiff was
| exercising the proper care and prI.-
| d"nce thar any man under like circilm
| stances would.
Associate Justice William p. White
ho1sc then gave his charge to the Jury
which occupied 20 minutes of. time
| II was a most impartial one. in which
| lie gave q thorough explanation of the
| lay t. be dealt with in the pendin.
| case lie also gave to the jury an eX-
| 23aStiNe review of the case from the
| time OF tho accident TO the present
| trial, bringing out in those points that
RAJ been accented by both parties.
! Judge WhtiCh0uSe then directed the
jury on what counts it could bring a
verdict ana what the results would
| BE- for both parties concerned. The
| courts charge to tho jury completed
| the morning session end court was dis
missed until IL o'clock in the after
| noon when the jury was to make its
| deliberations and render q verdict
| At 20 the jury left the court room
for consultation and after being IN de
| liberation tor about two and one hal,
hours they returned to render verdict.
The decision was in favor of tie plain
tiff, James -. Stewart. ana allowed
| $,05417
owing to the many assigned cases
being settled out Of court or default
| CT. it has been FOUND necessary t.
make assignment Of the coming
cases. Following is the list assigned
| for the next three days
Monday -:SaGord VS.. G. A. Fuller
! Williamson, =. &: NJ.
| TuasdHv-W often in Rev. rs. Strout
| +. I. Thompson: Williamson. Il. Il NJ
| Peoples National Bank vs.. kenneb1C
| Water District. Heath & Andrews.
cGncsday-Alilnken vs.. Lewiston,
| Augusta & Watervillc Street Railway.
| BcaEe & Ecane; Heath & Andrews.
| Jurors for the superior court schcd-
| ulcd to convene at Watcrvillc Tues
| dav. Nov. y are ordered to report one
week later, on Nov. -. The superior
| court VII be opened on Nov. but
viii adjourn for one week owing TO the
lengthy business assigned for the SUI
pr me court and it is not desired that
| the two courts will interfere with each
| other Many OF the hearings at the
| supreme court are being conducted ny
attorneys who have cases assigned for
| ire superior court and the on" week
| a 'iournment will be of great con
| ycnirnce to them.