Daily Kennebec journal., 1914-03-07
CaSeo James W. Rafter VS..
M. C.R. R. Will GotoJury
This Morning. Testimony otDe-
fence Consumes Entire Day
Counsel Argue and Judge Spear
Delivers Ills Charge

At the opening of Fridays session
of the supreme court the case of James
w. Rafter of Randolph VS.. the Maine
Central Railroad Co. was resumed. The
plaintiff had practically finished the
testimony at the conclusion of Thurs
days session and with the recalling
of the plaintiff Friday morning for
few questions, the prosecution rested.
Attorney Perkins Opens for Defense.
Attorney Perkins for the defence
then opened his case. He laid clearly
before the jury his contentious.
I'VE shall show you, gentlemen, that
1t was not negligence on the part of
the railroad that caused this accident
but carelessness on the part of this
plaintiff. We shall show further that
on approaching the Gardiner crossing
the engineer Of this freight train not
only sounded the whistle but the bell
was continually ringing also. 1t will
be further shown that the train was
going at very low rate Of speed as 1t
it necessarialiy must have been in or
der to bring a train containing 43 cars,
40 loaded, seven empties, and the ca
boose, to a halt after only about Il
cars had got over the crossing. We
will also show that the gate at the
crossing was put down when the au-
temohile was some 10 or 10 feet away,
that the gate did not strike any portion
of the machine but rather the ma
chine going with great speed struck
the gate breaking off portion of the
end of it
John f. Rurleigb, civil engineer,
was the first witness called for the de-
fence. Mr.. Burleigh produced a plan Of
the bridge leading from Gardiner to
Randolph, also a general representa-
tion of the place where the accident
occurred and the surroundings. In di-
rect examination conducted by Attor-
ney Perkins for the road Mr.. Burleigh
described the plan in detail. Judge
Maher cross-examined briefly.
Engineer Elmer c. Moody of the
freight train which figured in the ac-
cident, was the next to testify. Mr..
Moody testified that the train was an
extra and was made up at Waterville.
The engine according to witness, was
the largest type of a freight engine
used by the road. According to witness
he made no stops from Watervilie to
Gardiner until the accident occurred.
Witness sounded the whistle twice be-
fore reaching the Gardiner crossing
and also rang the automatic bell. The
train was going about 10 miles an hour
when the accident occurred. Witness
did not see the automobile until after
the accident. On hearing the crash
and being informed by the fireman
that an accident had occurred, he ap-
piled the emergency brake and brought
the train To n stop. Witness saw gates
go down as the train approached the
crossing. After the train was finally
stopped witness in company with fire.
man, went back to the crossing and
found the plaintiff, Rafter and Esty,
lying between the rails. Witness de-
scribed in some detail the workings
of the engine in response TO Mr.. Per-
kins' questions.
Judge Maher Cross Examines.
You say you We're going about 10
miles an hour?"
THAT is my best Judgment"
What was the fastest that you were
going between Augusta and Gardiner?
You have given an average of about
rs miles"
Possibly 25 or 80 miles an hour" re-
piled the witness.
You say that you were within five
feet of the crossing when the gates
went down."
Yes, sir
you noticed the gate go down."
Yes, sir
Why"
Because it is natural for an engi-
neer to observe those things"
Did you notice whether the gates
We're down In Augusta or not when
you went through"
Yes, sir, they were"
Court took a recess
l.. M. Boynton, fireman on the train
was next called. Witness saw head
lights on automobile on nearing the
crossing. Witness did not see the gate
down as he was on the seat on the left
hand side of the engine cab. That the
whistle was sounded and the bell rang
witness was positive. In regard to the
rate that the train was going, witness $
testimony was a corroboration of the
preceding witness. Boynton saw En-
gineer Moody apply the emergency
brake Immediately following the crash
Judge Maher cross-examined.
w. G. Easier. conductor on the
freight took the stand and testified
that it was 555 P. NJ. when the train
left Gardiner Witness was in the
caboose when the accident happened
Should say that train was going 10 OF
IL miles an hour at the time of the
accident. There were II cars over the
crossing and the head trucks of the
18th car on the crossing when the
train was stopped according to wit
ness. Witness described the manner
in which he registered at each station
by making out slip and throwing II
from the rear end of the caboose fol
the operator In the station to book
the time of the arrival. The cross-ex-
amiDa tim praS brief