Daily Kennebec journal., 1914-03-07
II was sitting there"

Il was sitting there"
What were your duties?"
ITO brake the head end Of that
train
Did you see the automobile when
1t hit the gate?"
Yes, SIR"
when you saw the automobile hit
the gate, about where were you?"
"a little to the east Of the automo-
bile"
Carl II. Oakes, telegraph operator
at the Gardiner station, testified that
he was on his way from home to the
station when the freight came into
Gardiner Had been to supper. Wit
ness saw train when 1t came along, the
bell was ringing and the whistle
sounded. witness was positive. The
cross-examination.
What time did you get to the sta
tion?"
when the train stopped"
"who operates those gatesf"
"The baggage master"
where were you when the train
stopped?"
II was in front of the Common
wealth shoe shop"
Guy H. Simpson of Brunswick. sig
nal man on the NJ. c. r. X. was next
called. Witness was at the Gardlner
station when train was east OF Car
diner. When train was pulling INTO
Gardiner witness was going across
Gardiner and Randolph bridge. wiz
ness passed the Rafter machine ABOUT
midway of the Gardiner and Randolph
bridge. Should say that the automoplie
was going at fast rate or speed.
Witness thought that Rafter was go
ing so fast that he would be unapie
to stop before striking the engine. He
turned around and saw the gate down
and the crash. After a brief cross-ex-
animation n recess was taken until
2 P. NJ.
Afternoon Session.
At the opening of the afternoon ses-
sion the defence called Lewis Brown,
a Gardiner High student. Witness was
standing near the Gardiner crossing
at the time of the accident. Saw au-
tomobile coming, also the train, put
did not see the crash as the train cut
off his view. Witness heard the gong
| on the gate ringing but did not see the
gate coming down. Heard train whis-
tie but could not state positively In
regard to the ringing OF the bell on
the engine Could not tell in cross
| examination whether the train was 60
ing 10 or rs miles an hour
Charles H Wright, an employee at
the freight house at Gardiner, testified
| as to lowering the gate as the train
was approaching When witness first
saw automobile his hand was on the
70
down before automobile got to cross
ing.
Judge Maher cross examined. Wit
| ness had been in the employ or the
railroad for 25 years. Should say that
the train was about 200 feet away
when he started to lower the gate.
James NJ Bates, station agent at
! Gardiner. testified that the remains OF
| the broken pieces of the gate had been
| in his charge since the accident.
DR.. Frederic C. Thayer Of Waterville
! testified as to examining the plaintiff
| Rafter Witness agreed with the
plaintiffs physicians in regard to the
results of his examination. Would not
expect that Rafter would be subject
/ to insanity, epilepsy or mental impair
ment DR.. Thayer thought that plain
/ tiff was in good condition considering
what he had been through and thai
| he would not expect a change for the
worse. Witness had practiced medi-
! cine for AZ years and had had con.
siderable amount of experience in case:
similar to that of Rafter's.
William j. Skehan of Augusta, deal
| er in Buick cars, was the last witness
| He was familiar with 1909 Buick mod
els. Sold the Buick to Mr.. Rafter
/ Should say that Rafter's car before
the accident would be worth about
| $3.50. A car coming over the Randolph
/ bridge toward Gardiner going at the
rate of 10 miles an hour over a dry
road could be stopped from to II
| feet. If the road conditions were slip.
perry it would be hard to determine
how long distance it would be nee
essary to go to stop a car.
The defence rested at this point and
a recess was taken. At it's conclusion
arguments of counsel were in order
Attorney Perkins for defence coming
first.
At the conclusion of Mr.. Perkins ar
gunlent in behalf of the railroad, Judge
/ Maher argued for the plaintiff. Judge
Spear delivered his charge and court
| adjourned The case will go to tbs
| jury this morning.
|