Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1915-10-15

jury at tne opening OF Thursdays ses-
sion Of the supreme court, which had
been sitting on the case Of Antonio II.
Halloween of Fairfield. administrator
OF the estate Of Simon Halloween,
against Maurice A. Priest Of Augusta,
formerly Of Fairfield. The jury was
out on the case II hours and at 3 A,
NJ. Thursday had come to no decision.
The remainder of the days session
was occupied with the case of August
Boucher OF Augusta against the Cush-
noe Paper Co. Of Augusta. Practically
al OF the evidence in this case was put
in during the days session and the
case will be given to the jury today.
The attorneys in the case are B. F..
Maher and J. l.. Boyle for the plaintiff
and John e. Nelson and Harold I.
Cess for the defendant.
Opening Of the Case
Attorney Maher for the plaintiff in
opening the case stated that the claim
of the plaintiff was that on Dec II,
1912, while he was in the employ of
the Cushnoc Paper Co, the company
had allowed worn beam to be re-en-
forced by an iron truss, which hung
so low that when the plaintiff was
carrying a board in the exercise Of his
duty, he hit against the truss, was
thrown to the floor, and his finger so
crushed that one finger had to be am
putated and another finger stiffened so
that it has been of no use since the ac-
cident. And on the second count the
plaintiff claimed that the room was
inaiequately lighted and dangerous,
for two of three lights were not in
use. The plaintiff claimed damages of
$1,000 for the great pain and anguish.
mental and physical, which he had suf-
fered since the accident and his medi-
cal expenses.
Shortly after 10 o'clock Associate
Justice Cornish, the attorneys in the
case and the jurymen went to the mill
Of the Cushnoc Paper Co.. where the
locations were pointed out to the jury
men by the attorneys and the case in
the court room was resumed shortly
after II o'clock.
Civil Engineer Noreross Testifies
Archie G. Norcross of Augusta, a
civil engineer, was the first witness for
the plaintiff. He explained to the court
n plan of the interior of the wood room
of the mill. which he had made shortly
after March ], 1913. Upon cross-exami-
nation by Attorney Nelson he stated
that he did not think that the truss
beam was sagging down.
Plaintiff on Stand
The plaintiff, August Boucher of this
city, took the stand and as his testimony
was in French, it was interpreted to the
court by Joseph Lauser of this city.
The plaintiff testified that he was hVe
feet and nine inches in height; that on
Dec. II, 1872. he was working for the
Cushnoc Paper Co, and he had worked
for that company previously for pc
Rod of seven months; that he had peer
working for the company two months tpe
second time; that he rolled logs to fne
carriage; that he worked days until the
time of the accident but on that day the
/ boss told him to work in the evening
commencing at O'Clock; that he carried
logs four feet long from small car out
side the door to the saw in the mill
that this wood was too short to be car
ried on the conveyor: that he had ,peen
accustomed to roll in the short pieces
with pick. but on the night of the &C
that he asked the boss for pick and
the boss told him to go and ma one
nick. that he told the boss that ne
couldn't find pick and the ooss sara
that he couldn't stop the mill for a pick
and that he was to do the best he coulo;
that after that he carried in the logs Oh
his shoulders; that the accident &C.
Cured between $40 and S15 P. M; thar
he and another man had carried In TWO
cords of wood; that it had rained all
dav. if was a cold night and there was
ice on the floor; that there were no eiec-
trio nights in the sockets by the door or
nv The beam. but there was an electric
,;cht nv the saw: that he asked the boss
for the LIGHTS to put in and the boss said
no would 20 and get them, but he did
not: that he could not see from the door
tho beam. the rod under the beam nor
the chain on the floor; that he put the
log on his shoulder and carried 1t, out
something slipped and when he put out
his hand to save himself the log fell
nnon his left hand: later DIR. Roy ampu-
tated the first finger and his hand pain
cd him: that he started work again the
last of April; that the finger next TO the
one which was amputated was so bent
that it could not be Strengthened; and
that he paid the doctor $40 on account
hut he did not know the full amount OF
the bill.
Cross Examination
IJpon cross-examination by Attorney
Nelson the plaintiff testified that he had
worked near the truss for about two
months: that the floor was wet and snip
merry on the night of the accident; tnat
he knew where the beam was at nlgh'
and he went under the truss many times
a dav: that he was earning S.75 per DAY;
that there was no light over the peam
which the truss was on. although there
vas place for light: that he did not
see the light on the other side OF the
,conveyor: that the boss told him what 10
do that night and to do 1t the best ne
could. that there was something across
the floor SO that he could not use the
cantdog; that he had no picks to roll the
log. in with: that there was one pick IN
the box but it had no handle to 1t: tnat
going towards the light he could not see
the beam. the chain nor the rod.
Archie Oostie
Archie Dostie Of Augusta testified that
he was working with Boucher the night
he was hurt; that Boucher asked for
LII, .nd later the hoeu told him to do