Daily Kennebec journal., 1914-03-12


ton that night. DIR. Beane told of ef-
fects of morphine used hyperdemical-
ly on the plaintiff.
On examination witness found no
signs of intoxication about the injured
man. Witness told of further exami-
nation of the plaintiff and treatment
by him,
Mr.. Nelson then conducted the cross
examination, which dwelt almost
wholly on what effect the injection of
the morphine had on the patient. Wit
ness on redirect examination stated
that fair price for his medical at
tendance of plaintiff would be from
$50 to s55.
4. DR.. james D. Nutting of Hallowell
took the stand and told of treating the
plaintiff following the accident. Wit
ness testimony was in substance the
same as DIR. Beane's. Witnes told of
going to the house of the plaintiff in
company with Drs. Beane and Camp
bell and setting the broken limb.
"A fair value of your services would
be how much?''
"Do you mean a fair value. or what
1 charged?'
"a fair value would be more than
charged. 1 charged s20.'
DIR. George r. Campbell of Augusta
told of assisting Drs. Beane and Nut
ting in treating the plaintiff. He
thought fair price for his services
would be $40.
George Morse, clerk In the Wingate
coal office at Hallewell. next testified.
Witness saw car coming and later saw
plaintiff in the gutter near the side
walk. Witness first knew that an ac-
cident had happened when he saw
some people running.
Fred A. Hinckley of Hallowell was
then called. Witness saw car from
which plaintiff was thrown, pass by
him; also noticed it's speed. 1t did not
stop at Academy street and was 60
ing Il or Is miles an hour, witness
thought. Witness also saw plaintiff
when he was thrown from the car
did he go end over end?" asked At
torney Sawtelle.
I object exclaimed Attorney Mel
son, Ito you leading this witness along
in this manner.
81 am not leading the witness. / am
trying to get the facts and if you
wouldn't interrupt so aften / might
have better success retorted Mr..
Sawtelle.
Smith Gilley of Hallowell told that
the car in his Judgment as 1t passed
by him on Water street was going
about Is miles an hour. Witness was
one of the first ones to arrive at the
scene of the accident. Witness did
not see Parsons fall from the car but
saw him as he struck the ground.
Emery O. Beane of Hallowell took
the stand and read portions of the re-
vised ordinances of the city of Halo
we'll relative to the regulation of speed
of all vehicles and street cars. The
plaintiff at this point rested the case
and Attorney Nelson opened for the
defence.
Mr.. Nelson, in his brief opening,
contended that the plaintiff was in
toxicated at the time the accident took
place.
The first witness called by the de-
fence was C. V. Alexander, motorman
on the car on which the plaintiff was
thrown. Witness was sure that the
car stopped at Academy street Should
say car was going about five miles an
hour. A plan was then introduced
showing Water street in Hallowell and
the location of the different stops. Wit
ness heard plaintiff say when he went
back where the accident occurred that
no one was to blame but himself.
On cross examination witness should
say that the car left Augusta at about
$50 A short recess was taken, after
which William Mcnamara, the con-
ductor ON the car, was called. Ac-
cording to witness plaintiff got on his
car at Augusta and was sitting on
the observation platform. Witness
testified that plaintiff told him he
wanted to get off at Winthrop street,
Hallowell. Mr.. McNamara was posi-
tive that the car stopped at Academy
street. Witness saw plaintiff rise from
his seat and he tMcNamara) told him
to wait until the car stopped. But
before witness got to him he jumped
from the car. Witness then gave
three bells and the car was stopped
after it had gone about it's length.
There was no curve in the track at
the place where the accident occurred
according to witness. Should say that
plaintiff had been drinking to GER
tain degree. On cross examination
witness could not tell positively that
the man had been drinking. Witness
told of reporting the accident to Su-
perintendent Dunn of the road on his
return to the waiting room at Augusta.