Daily Kennebec journal., 1914-03-06
CaSeof James ". Rafter VS..
NJ. C. R. R. Occupies
Entire Day Tuesday, Several
WitnesSesExamined-- Physicians
Tell Of General Condition OF Rafter
plaintiff on the Stand

Thursday morning the case of James
w. Rafter of Randolph VS.. the Maine
Central Railroad Co. was resumed. The
plaintiff in this case brings suit against
the above company for $4,000 for al
legged injuries received when an auto
mobile in which he was riding collid-
ed with freight train on the Gardi-
ner end of the Gardiner and Randolph
bridge Major ]. w. Berry of Gardi-
ner was the first witess called. The
testimony of witness dwelt wholly on
the models of the bridge. the NJ. c..
r. r. tracks, in fact a complete repre-
sentation of all the immediate sur
roundings which he had constructed
purposely for the occasion of the trial
Mr.. Berry was asked to describe IN
detail all of the models.
Lester B. Perry of Randolph was
called. Witness described to the jury
the position in which he was standing
at the time of the accident by indi-
eating on the models. His attention
was first called to the crossing where
the accident took place by a shout'
Witness turned around and saw an au-
tomobile approaching, the train COM
ing, also the gate in the act or pelhs
lowered. Witness thought that the
driver would be able to stop the ma
chine before the engine hit 1t. Wit
ness further stated that the gate when
let down came across the hood of the
automobile. According to Mr.. Perry
when the gate was in the act of being
let down he should say the engine of
the train was about 10 or Is feet from
being on the crossing. When the gate
was as far down as it could go the
engine was on the crossing.
Attorney Perkins Cross Examines.
Attorney Perkins for the defence
then began the cross-examination OF
the witness.
How much did the automobile
swerve to the left when it was ap-
preaching the crossing?
Il don't know as l can tell how
much II turned
Did it turn quarter way around"
Il don't think so,' replied the wit
ness.
Benjamin Hinckley then took the
stand. Witness was standing near
the Gardiner end of the bridge with
Mr.. Perry, the preceding witness, at
the time the accident occurred. Wit
ness thought that the automobile was
going very slow when 1T hit the en-
CINE. Witness attention was first
called when he heard man cry out
Witness was positive that the bell in
the engine was not ringing as 1t ap-
preached the crossing, also that there
was no whistle blown. Witness was
sure that the gate when it came down
struck a portion of the hood on the
examined briefly.
DO YOU know well enough so that
you can swear to this jury where that
gate hit the automobile
II could not say positively just
where the gate hit the machine but
know that it came down on some por-
ton of the hood
A recess of 10 minutes was taken
at this point.
At the conclusion of the recess Fred
Bowling of Randolph took the stand
Witness was on the Gardiner end of
the bridge about 80 feet from the COW
cred portion at the time of the acci-
dent. Witness noticed the automobile
pass by him prior to the accident 1t
was going slow at that time.
Everything seemed to happen at
once" exclaimed the witness. THE
automobile, engine and gate seemed TO
come together all at once"
In the opinion of the witness, the
train was going very rapidly over the
crossing and 10 or 12 cars got over
the crossing besides the engine before
the train was brought to a stop. Wit
ness did not know that the train was
wos approaching until he saw it, as
there was no ringing of the bell or
was there any whistle blown. Mr..
Perkins then conducted the cross-ex-
animation.
Did you notice where that gate
hit the automobile?'
s'It hit the hood
Can you swear to that?'
mo, sir, l cannot"
Andrew Iuttrell of Gardiner took
the stand and testified that at the
time of the accident he was standing
on the Gardiner end of the Gardiner
and Randolph bridge. Witness was
talking with some of his friends. He
noticed the Rafter automobile pass by
him and was sure that the lights We're
lighted. itness' testimony in regard