Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1916-04-12
Case Resumed

When the Heath VS.. Lemieux case
was resumed at the opening Of court in
the morning the cross-examination Of
Charles F. Flynt, one of the witnesses
for the plaintiff, was commenced. Mr..
Flynt testified that he arrived on the
scene Of the accident very soon after
the collision had occurred, having left
the Office about 1.30 P. M. He was not
sure that David Lemieux was there
then but he thought that he was. A
lady was walking near there and 8
boy was on the ground. The boy was in
agony and the doctor administered an
opiate to him. There We're Is or 20
other people around the scene Of the
accident.
Deputy Sheriff Alvin r. Bucklin of
Litchfield testified that he was on the
scene Of the accident on Oct. 1, 1915,
the same day Of the accident. He was
accompanied by Mr.. Hodgkins and Mr.
Stuart. Witness described the auto
mobile tracks as he had observed them.
He had seen short tracks from the
direction Of Winthrop coming towards
the Heath car. The Heath car had ev-
identity been pushed out and back into
the gutter Witness saw tracks near
the forward wheel Of the Heath car.
He had accompanied the members Of
the jury Monday to the scene of the
collision and while there he had gone
into the White house. From the west
window he could see the place where
the two cars collided.
Upon cross-examination he testified
that the dov nf hn -
impossible to make q track in the
center Of the road only in the dust.
County Treasurer Bert p. Stuart Of
Belgrade said that on the day Of the
collision he had visited the scene. He
had seen the track on the north side of
the road. Witness testified that the
Heath car had evidently been slid back
and out into the ditch. The marks were
all clearly defined On the face of the
road.
Witness upon cross-examination tes-
titled that one Of the front wheels Of
the Heath car was in the road, near the
edge. The Lemieux car was headed the
same way as the Heath car
Herbert M. Heath Of Augusta, on the
witness stand again, testified that as
ne remembered the testimony given by
Mr.. Lemieux at Lewiston, that he had
said he had just bought the Chalmers
car, Mr.. Bishop was driving for the
purpose of teaching Mr. Lemieux how
to operate the car and they were GO
ing to Augusta to get the car register
ed.
City Engineer Archie G.. Norcross of
Augusta testified that a blood spot
was approximately 20 feet east of the
east end Of the Lemieux car.
Gardner K. Heath again took the
stand. He testified that Mr.. Lemieux
had given testimony at Lewiston to
the effect that Mr.. Bishop on the day
of the collision was teaching him how
to drive the car.
Upon REORGANIZATION witness said
Mr.. Lemieux had testified that Mr..
Bishop was working for Mr.. Nelke of
Lewiston and was getting commits
sion on the cars he sold for Mr.. Nelke.
Defense
The defense as stated by Attorney
j. q. Chabot Of Lewiston was briefly
that the damage caused to the Heath
car and the injuries received by Card
ner and Herbert Heath were all the
direct result Of the carelessness and
negligence Of the driver Of the Heath
car. On Sept. 25. 1915. Mr.. Lemieux
made arrangements with Mr.. Nelke Of
Lewiston to buy either a Chalmers or
an Oakland car and he was to let Mr.
Nelke know on the next Tuesday which
car he would take. On the following
Friday he informed Mr.. Nelke that he
would take the Chalmers car. On the
day when they drove to Augusta to get
the car registered Mr.. Lemieux had
placed on his new car number plates,
which had formerly been on his Over
land car. He made this change at me
suggestion of Mr.. Bishop, an expefien-
ced chauffeur in the employ Of Mr.. Mel
Ike. At 11.20 A. M. the party left by
automobile for Augusta, Mr.. Lemieux