Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1917-01-17

en-, and the opposition he had to over
come in the Legislature and in pub
| lie sentiment.
have been caused by the accident. The
doctor said his bill was $11. On cross
examination he said he had examined
the boys ear and that the boy had
gone to DR.. S. J. Beach of Augusta for
an examination. DR.. Badger had seen
no external injuries but there were
symptoms which led him to believe the
boy had adenoids.
Defense
The defense, as stated by ATTORNEY
Carleton, was that when Mr.. Thomas
approached the Yeaton home he threw
out the clutch and applied the brake.
The boy got uneasy and Mr.. Thomas
had said, Don't jump, don't get off,
I'll stop" But to his amazement the
boy had jumped off. Mr.. Thomas had
then stopped his car and had asked
the boy if he was hurt and the boy
had replied. i am all right" And At
torney Carleton suggested the i'm
probability of the defendant telling the
boy. nine years of age, to jump from a
moving automobile.
/ Fred NJ. Thomas, the defendant, tes-
titled that he had noticed the boy look
ing wistfully at the automobile and he
had asked the boy to have a ride
! When they got near the 4eaton home
the boy got uneasy. Witness had
thrown out the clutch and had applied
the brake and had said Keep quiet
and I'll stop" Witness had not told the
boy to jump but he had jumped. The
defendant then stopped the car and
had asked Roland if he was hurt and
Roland had answered, II am all right"
Defendant said he had made no state
ment to the effect that he had told the
boy to jump. He testified that Mrs.
Yeaton, Roland's mother, had said the
boy had seen Mr.. Hackett jump from
the moving automobile and thought
he could do it. Upon discrimination
the defendant said the brakes of his
car did not hold then as well as now.
The boy had landed on his feet and
had then got up and gone into the
house. Defendant had not shown the
boys how to jump from moving car.
+ c. L. Mason of Winthrop said he rode
home to dinner that day with Mr..
Thomas and was riding in the back
seat. He testified that the boy tried to
open the door of the car. MIR. Thomas
had told him twice to keep still but
before the car stopped the boy jump
ed off. Mr.. Thomas had not told the
boy to jump. The defendant then
stopped the car and had asked the boy
if he was hurt and the boy said he
was all right.
The case was then argued by the
attorneys and Judge Beane gave the
charge to the jury.
Ames vs.. Robinson
The next case before the court was
that of James H. Ames of Bowdoinham
VS.. Llewellyn G. Robinson of Albion, an
action for alleged assault in which the
plaintiff claimed damages in the sum
Of $500. The claim of the plaintiff was
that on Oct q last Mr.. Ames had
called at the potato house of the de-
PENDANT at Albion and had said 1.-THE
potatoes are coming in pretty freely;
aren't they?" Robinson had then or
dered him off the premises. Ames did
not know what to make of it, Robin
sen then jumped over and struck
Ames in the face. Ames had his hands
in his pockets and the blow daZed
him, cutting both his under ana upper
lip on the inside. .Ames then turned to
Mr. Neador and said: You are a wit
ness to this AS Ames turned to go
! Robinson kicked him. Mr.. Ames, it
was claimed, did not offer to strike
Robinson and showed remarka BILE
iyN,va As1I ,l,,x =
that after the hearing at Wateryille on
the matter Robinson had said to
kmes, If you make this cost me any
thing I'll get my moneys worth next
time"
The attorney for the plaintiff was
Carroll n. Perkins of Waterville and
the defendants counsel was HarcJi
Weeks of Fairfield
! Mr.. Ames, the plaintiff, testified re-
garding the affair in substance as
above stated, and he said he was treas
urer of the Ames Co. and the Given Co.
and was an agent Of the Sagadahoc
Fertilizer Co. On ss-examination he
said he knew of no trouble between
Robinson and him, although he admit
ted the competitive feeling might have
run high.
John Meader and Clarence NJ. Blake
of Albion corroborated Ames' testi-
moEy regarding the alleged assault.
and Mr. Blake and Albert NJ Stratton,
deputy sheriff at Albion, testified that
after the hearing at Waterville obin-
son had said to Ames: IF you make
this cost ME anything I'll get my
moneys worth next time"
Defense
The defense in the action, as stated
by Attorney Weeks, was that the de-
PENDANT had a right to protect his
property and that he was on his own
property and that it was not neces-
sary for him to suffer anyone being
there If he did not want It. Robinson
did not desire the presence of Ames
and gave him a chance to go but as
he did not go, the defendant struck
him.
The defendant, Llewellyn G. Robin
son Of Albion. testified that as Compel
itors there was feeling between Mr..
Ames and him, although no words
had passed between them. And he tes-
titled that after he had asked Ames
three times to leave the potato house
he struck him and then kicked at him.
The attorneys then argued the case
and at the opening of court this morn.
ing Judge Beane will give the cbaroo