Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1915-10-13
DR., PRIEST CASE BEFORE THE
SUPREME COURT AT OPENING
! Of OCTOBER Term ON TUESDAY
JUSTICE CORNISH PRESIDING

Sha finally resulted In the Sictim
death.
Mr.. chayskevoski Tsstiisss
The witness for the plaintiff was Joe
Chayskovoski Of Fairfield. whose testi-
Tnony was interpreted to the court by
E. Zoub Of Augusta Mr.. chayskovoski
testified that he occupied the second
floor OF the house in which Simon Hal
Iowach lived: that he was nearby when
Dr. Priest and another man carried the
victim Of the accident into his house
after the accident: that Dr.. Priest told
him that he had run over the man: that
he later saw Simon Halloween 1T the
Sisters Hospital and he was conscious
and talked some. complaining that he
felt badly; that Mr.. Halloween spoke Of
his pain. saying that the most Of his
pain was in his chest and the rest Of
his body felt as IL he did not have any:
that Mr.. Halloween sent = message by
him to his wife; that he lived until
or o'clock the following morning:
and that he (the victim OF the accident)
had wife and two children and had
lived in Fairfield about four years.
Defiance Opens
Attorney Smith in opening the de-
fence asked that the jury be excused
and in the absence Of the jury he ask
ed the court to order a non-suit or
to render verdict for the defendant
for the reason that the plaintiff in his
declaration declares that the defend
ant was driving his car fast, that the
accident was wholly due to the neg
ligence Of the defendant, and that it
was not right for the case to go to
the jury on the given testimony of
stated that he would allow the jury to
pass upon the question.
The claim Of the defendant, accord
ing to Attorney Smith, was that he
was not guilty Of any fault Or negIi-
gence. was not guilty Of driving his
car at high rate of speed. and that
ne did all in his power to avoid the
accident, while on the other hand the
deceased man was negligent and in
an intoxicated condition at time of the
accident. Attorney Smith admitted
that the victim died as the result of
the injuries received In the accident
Edward c. Wilson Testifies
Edward C. Wilson. a member of the
firm of Green & Wilson. civil engi-
neers at Waterville. explained a plan
which he had dra wn of the junction
of Main street and Western avenue in
Fairfield, where the accident had oc-
Cured.
Or. J. 6. Towne
DR.. John G. Towne of Waterville
testified that on the night Of the acci-
dent he had been called to the Sisters
hospital by DIR. Priest TO attend Simon
Halloween; that the Victims only
evidence of pain was his groaning;
that upon examination he found a cir
cular bruise on the patients back;
that the patient was paralyzed from
7 just below the, bruises on his back,
which showed that there was some IN
jury to the spinal cord: that he de-
tected the smell of liquor in the pa
TENTS breath; that the patient began
to fail rapidly at /! r. NJ. and before
| II P. NJ. was unconscious. xnd he died
the next morning. Upon cross-exami-
nation by Attorney Fogg. DR. Towne
stated that he thought there was als,
a small bruise over the PATIENTS left
shoulder blade
! Samuel Wing
! Samuel Wing of Fairfield testified
that he drove down from Shawmut
| just ahead OF DR.. Priest: that in order
to avoid hitting Mr. Halloween with
his machine he had turned sharply to
the left; that he heard the man cry
out, came back and found the man
under DR.. Priests automobile: that
he helped put the man into DIR. Priests
| automobile; that the man was taken
home and later taken to the Sisters
hospital.
John Donahue
John Donahue of Fairfield testified
that he was on the left side of the
street when the accident occurred; that
he was looking in the other direction
at the time Of the accident; but that
! he had seen DR.. Priests automobile
| coming down the street and thought it
was going at slow rate of speed.
Alphonso Lawrence
Alphonso Lawrence of Fairfield tes
| titled that he had noticed the tracks
of the automobile on the morning aft
| er the accident and he described the
tracks to the court.
Ross MaePhee
! Ross MacPhee Of Fairfield testified
| THAI he saw the accident and at that
| time he was standing across from the
schoolhouse. After Mr.. Wing had
passed by in mis- automobile he saw a
man starting to cross the street. The
man proceeded for some distance, then
stopped. turned and ran, and was
| struck by DR.. Priests automobile. The
man was lying under the car. DR..
| Priest was driving at a slow rate of
speed and there was room for him to
have passed IL the man had not turn
ed. He also testified that he thought
Mr. Hallowell had been drinking.
Upon cross-examination by Attor-
ney Fogg the witness was shown
plan which the plaintiff alleged Mr..
MacPhee had marked, showing the To-
cations at the time Of the accident.
Rebuttal
In the rebuttal Ernest L. Mclean
OF the firm Of Williamson, Burleigh &
Mclean. testified that he had called
upon Mr.. MacPhee at his home in Fair
field in reference to the accident; that
Mr.. MacPhee made marks upon the
plan. showing the locations at the
time Of the accident: that Mr.. Mac
Phee had stated that he thoroughly
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