Daily Kennebec journal., 1914-03-06
Afternoon Session.

At the beginning of the afternoon
Session Guv w. Lawrence of Gardiner
took the stand. Mr.. Lawrence, accord
ing to his testimony. was an autorno-
bile dealer at Gardiner. Witness had
repaired the Rafter automobile prior
to the accident Witness should say
that it would take 1915 to place the
machine at the same value now as II
was before the accident, as in the
condition that it was now it was prac-
ticallv worthless Mr. Perkins cross
examined.
What would be a fair market val
ue of the car before the accident?"
six hundred dollars replied the
witness.
What model was the Rafter car 2
"A 1909 model"
In the condition that the car is in
at the present, what would the parts
of the car that are marketable be
WORTH"
There is the rear axle and two tires,
which would bring about $40.
On redirect examination conducted
by Judge Atkins, witness described
the general condition of the car after
the accident.
Leon Estey, who was in the car with
Mr.. Rafter at the time of the acci-
dent, took the stand. Witness had
known Mr. Rafter for five years. 1t
was O'Clock in the evening when
witness in company with Rafter left
the latter's home in Randolph to go to
Gardiner The machine was going very
slowly across the bridge. Witness was
in the back seat of the car. AS they
neared the railroad tracks witness and
Rafter took particular notice that the
gate was not down. AS they got close
to the crossing the gate suddenly
dropped, coming down across the hood
of the automobile The engine then
came into view and at this point wit
ness could not remember what took
place as he was knocked unconscious.
Attorney Perkins in the cross-exam-
ination questioned the witness at
Some length in regard to the speed the
car was going across the bridge. The
witness saw the gate go down, strik-
ing the automobile before he saw the
engine.
Mr.. Rafter Testifies.
James w. Rafter of Randolph, the
plaintiff in the case. took the stand
at this point. Witness told of taking
Estey in his car and starting for Gar
diner. Was proceeding across the
bridge at about IL miles an hour but
slowed up as he got upon the draw of
the bridge. Witness looked up and
down the railroad tracks to ascertain
whether train was coming. Did not
see or hear anything that would let
l. 1r. -
After leaving the draw of the bridge
the car was proceeding very slowly,
according to the witness. the speed
having been diminished. Witness OBJ
served as he approached the tracks
that the gate was not lowered but as
he neared the tracks the gate came
down like shot, striking the top of
the machine. he engine then appeared
in view and in an attempt to avoid
the collision witness endeavored to
turn his machine to the left. Witness
did not remember anything more.
How long was it," asked Judge At
kins, latter the accident that you came
to your senses"
Two weeks replied Mr.. Rafter,
smiling.
Witness then described his general
condition at the present. Could not
hear, taste or smell very we'll, did not
sleep nights, was dizzy at times, and
could not walk very well. Suffered
great rains all over the body, was
practically useless as far as doing any
work went. Witness then went on to
describe the condition of his car be-
fore the accident.
Mr.. Perkins Cross -Examin alton.
When you came across the Gar
diner bridge how fast were you go
ing?"
Il should say about 12 miles an
hour
You are pretty sure of that?"
why, yes"
How fast were you going when you
went on to the draw of the bridge?"
Il should say nine or 10 miles an
hour"
Did you speed up any after leav-
ing the draw and entered the covered
part of the bridge?"
"Oh, no, it is down hill. and l al
inc a