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

slowly. When they had turned the
curve they saw I cloud Of smoke ana
ina cautious way ct . speed
from II to IS miles an hour. After
they had crossed the tracks they saw
a cloud Of dust and . lcar. and almost
the collision occurred. Mr..
Lemieux had been going on the right
hand side Of the road. According to the
defense the Heath car was going very
fast at the time Of the collision. per-
haps 40 or 50 miles an hour. and caught
the front wheel OF the Lemieux car.
swung it around and tipped II over. The
Heath car never ,deviated from its
course but the Lemieux car was turned
around. Gardner and Herbert Heath
arose from the ground and went to the
White house. After that Mr.. Lemieuxl
talked with Herbert Heath and told him
that he was one Of the occupants Of
the Lewiston automobile. Mr.. Lemieux
asked him: What made you 60 SO fast?"
and Herbert Heath answered that he
was going to a fire. The defense also
driver and man Of experience. The
distance from Lewiston. 80 or 80 miles.
was covered in two hours.
David Lemieux OF Lewiston. the de-
PENDANT, testified that his trip to Angus
ia on Oct /. 1915. was his first trip in
his Chalmers car. He had previously
owned an Overland automobile. As his;
Chalmers car had not been registered
he put his plates from his Overland car.
on the Chalmers. Ned Bishop. q chauf-'
feur of experience, drove the car to-
Augusta and the other occupants were
the witness, Mrs. Lemieux and son Al
bert and Joseph Bouchard Of Auburn
They had left Lewiston q 1f.20 A. NJ.
and they made but one stop on their
way to Augusta, that being at Mon
mouth Center for few minutes. They,
arrived at Morang's crossing at 1.20
p. NJ. Around the curve they went at
the rate Of IL or 16 miles an hour. Wit
ness said that he saw cloud Of dust
on the hill and saw the Heath automo-
bile 200 feet away, coming very fast
Witness was sitting on the right side
of the car The next thing he knew
the two cars had collided. The Heath
car struck the left front wheel Of the
witness car and swung it around, turn
ing it upside down. The Heath car was
not turned. Witness testified that his
car was going IS miles an hour as
they passed the railroad tracks and they
did not feel any jounce. Witness de-
scribed the damage to his car. The
left wheel was broken, the radiator was
broken, the front of the car was gone,
the lights were gone and spring was
bent. He had not examined the Heath
car. After the collision he saw Mr..
Bouchard, who was covered with blood,
trying to get up from the ground wit
ness then saw one Of the Heath boys
and had asked him why he was going
so fast and according to the defense he
had answered, I'VE were going to a
fire." The Heath boy told him that he
and his brother were not hurt and the
defendant had also asked concerning the
plaintiffs car.
The defendant upon cross-examina-
tion said that he did not hear Bishop
after the accident tell the cause Of it.
But witness admitted that Bishop had
been race driver at Lewiston. Their
car was going at the time Of the acct
dent s. or 10 miles an hour and the plain
tiff's car was going 40 or SO miles an
hour. In the collision Mrs. Lemieux
was thrown to the East some rs feet,
the boy was thrown to the left rs feet
and Mr.. Bouchard was thrown about 80
feet Witness had asked Bishop imme-
diately after the accident to remove the
number plates.
Mrs. David Lemieux testified that they
had left the Lewiston garage at u20 A.
M, The boy, Albert, was sitting on a
small seat in the rear part of the car.
The car was driven by Mr. Bishop and
Mr.. Bouchard and Mr.. Lemieux were also
occupants of the car. They made but
one stop on their way to Augusta, that
being a short one. They were going
slowly on the right side of the road when
they, saw the Heath car coming along
fast She was unconscious after the ae-
cident and when she regained conscious
ness she talked with her husband.
Albert Lemieux, son Of the defendant,
said on the stand that he is IL years of
age. They had left the garage at Lewis
ton at 11.2O A. M. and as they approached
Augusta they saw smoke on the right
side Of the road.
Joseph Bouchard of Auburn gave tes-
timony that he sat on the rear seat of
the car. The party left Lewiston at u.2D
A. M. stopped at Monmouth Center on
the way for few minutes. and the COL
lision occurred at lao p. NJ, for his
watch had stopped at that time. At Mo-
rang's crossing they were going 10 or Il
miles an hour. When they crossed the
track there they felt no jounce. Their
car was on the right side Of the road.
After the accident he had been taken to
the hospital. .
He testified upon cross-examination
that the only time he could judge the
speed Of the Heath car was when the
two cars came together.
In rebuttal Herbert M. Heath stated
on the stand that after the collision he
had some conversation with Mr.. Lemieux
but he denied that Mr.. Lemieux had
asked him why he was driving 10 fast
and that he had answered because we
were going to a fire. And witness testi-
fed that he had not told the defendant
that he did not care whether. his cal
was planked UP or not.
Gardner K. Heath testified in rebuttal
that after the accident he had no CONVEX.
sation with Mr.. Lemieux.
Case Given to Jury