Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1916-10-14

dent. Harry Haas of Philadelphia was
chanffeur Of the car that summer.
The deposition of John E. Bunker.
secretary Of State, was read by Attor-
new Mclean. This testimony was to
the effect that John r. Graham and
Ceoreie Graham were not licensed to
onerate an automobile in 1913, that
Harry Haas was not licensed as a
driver in 1918, and that neither OF the
three had registered an automobile IN
that year. :,
A certified copy Of the operators H.
cense of James w. Skene and or the
dealers registration of the WADE q
Dunton Motor Car Co. were submitted
by Attorney Mclean.
DR.. Albert H. Sturtevant OF Augusta,
a practicing physician since 1Soo ana
graduate of Bowdoin Medical school IN
1899. described the condition OF MI.
Skene as he found him on the AFTER
noon of the accident. He found Skene
on his feet but dazed. There was
diagonal cut through the skin a mar
inch long on the left front OF foreneao.
There was a cut through the LOBE OF
the left ear. Advised him to go to ms
office where he dressed his wounds
| There were bruises on the left shoulder
and Skene complained of pain in his
head and inability to hear. The head
aches might be the result of the acct
dent. On cross examination witness
said that outside of the cuts and
bruises all he could tell of the other
svmptoms were what Mr.. Skene told
him. Outside of the ear would expect
no permanent effects from what he
found.
A further attempt was made by At
torney Mclean at this point TO oner
the testimony of ]. w. Skene. the
plaintiff. and this was objected to by
Attorney Ryder on the ground that
one of the defendants. John r. Gra-
| ham, was dead and that the admins
traitor although in court had not tes-
titled.
The presiding justice, Associate JUS
| tice Cornish, excluded the testimony on
the ground that the defense did not
offer the testimony of Mr.. Graham at
the former trial.
Attorney Ryder in opening the de-
| tense said that it was necessary for
the plaintiff to show that the negli-
gence of the defendant was the sole
and approximate cause and that he
himself was exercising due care. With
| the aid of a map Lawyer Ryder de-
scribed the details of the accident as
the defense claimed that it happend
He claimed that the Ford car was on
the wrong side of Western avenue and
did not turn as it properly should have
done.
| Archie G. Norcross Of Augusta. the
civil engineer, who drew the plans OF
the territory involved in the accident
explained them and showed the rela-
| tive distance of various points marked
thereon. The survey was made Feb. 25
1915. Couldn't say whether the condl-
tons were the same or not in the sum
mer of 1913. There was a change OF
the tracks. On cross examination wit
ness said there were several shade
trees near the Hartshorn residence
that .obstructed the view.
Harry A. Haas Of Philadelphia, the
chauffeur of Frank Silliman, Jr., III
1918. was the next witness called. He
left the employ of Mr.. Silliman the
same year. later in the season. Was
driving the Packard car up Western
avenue at the time of the collision
Aug 26, 1913. Took orders from Mrs
Graham while in Bangor and was paid
! for his services by Mrs. Graham While
out on the road Mrs. Graham directed
! him. Made minor repairs on the car
| Remembered Mrs. Graham give him
money for repairing a spring. Mr.
Graham was not in the machine more
than a couple of times.
On the day Of the accident was on
! the way from Bangor to Portland. Mr..
and Mrs. Graham and witness We're in
the car. Started across Grove street
then backed back and started up Wes-
tern avenue. Saw the Ford stopped
against the curb. He started and kept
| to his left. Witness turned out to avoid
head-on collision and then Skene
| turned. The Packard car was not in
motion at the time of the collision.
Was going up the avenue between -
and Is miles an hour, was not going
over FIVE miles an hour when he turn
ed. Watched the Ford car all the time
from the minute he saw him. "Skene
was west to the gutter all the time and
that was what fooled me-" witness
said.
The two machines came together
side on. said the witness. The Packard
car had the fender and bumper smash
ed and the glasses Of one of the lamps