Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-05-14
AUGUSTA PARTIES In
AUTO CASE AT AUBURN


nsas for Dsfsnes Finsd for Con-
tempt of Court
Lewiston Sun. May 12)
An unusual feature developed in
the closing of the case Of John r.
Pratt Of Leeds, against George A
Cloutier Of Augusta in superior
court, yesterday. The case went to
the jury at 3.45 and the men had been
in their room only Ave minutes when
they repo. ted that the principal wit
,pens for defense had spoken to them
~ they entered their room. Tho wit
meas. DavilA CloutieE, was later fined
80 for contempt of court The YER
dict was found for the defendant and
exceptions were fled by the plain
tins counsel.
As soon as the report Of this &C.
curance came in from tho jury JUS
uce Cakes and the couusels in tho
case tried to find who made the re-
marks. Jury Ofiicsr Harris salL .ha.
az he stood at the door o. sue jury
room. he heard someone say in a
whisper: Don't lose your courage"
Davi1a Cloutier. son Of the defen-
dant. was seated IN the rear seat
near the door. At his side was Miss
Thelma Ladd, who was with him at
the time Of the accident developing
into this suit. and in front Of them
was Mr.. Beaudette of Augusta All
of these three were called by the
court and questioned separately. Al
denied that anything was said to the
Jury.
The court then ordered that the
jury be brought in. They We're
instructed to put any remark they
might have overheard. out of their
minds and act on the case with no
thought Of such remarks.
It was then announced that the
jury had reached a veruic, when the
officer brought them II. This was
for the defense. II is understood
that exceptions were fled but that
the case will go TO law court on mo-
ton for a new trial. Hon. .. J. Nc
Gillicuddy was counsel for the plain
Tiff and Walter NJ. Sanborn of Au-
gus1a. for the defendant.
The jury was then questioned as
TO what they heard. Julius Scnu11.
Of Lisbon. frst addressed the court.
saying that ne had heard the young
man make the same remarks as
overheard by the jury officer He
said that the man was facing the
door of the Jury room when he made
the remark. Jurynen Foster Ham IF
Auburn. r. L. Donnell of Wales. F.
z. Merrill If Greene and Elman Jor-
dan OF Mechanic Fails. as identified
by a court officer. each claimed that
they also heard the remark.
Mr. C!outier was repeatedly ques-
toned ny the court and firmly main
1ained that he said nothing 20 the
jury nor had he heard any such re-
mark made. He claimed that he was
talking with Mr.. Beaudette IN the
seat in front of him and that their
conversation was carried on n
French. Mr.. Beaude1te said he was
asking about the family Of the 9TH
er man.
Justice Cakes said that in view Of
the fact that the remark had no So
rtous bearing on the case. the penalty
would NOT be heavy, but enough 70
make him realize What It meant.
Clcu1ier was fined SD and in default
Of payment that he be committed.
He was then asked II he cared to pay
his fine. TO which he asked. For
WHAT
For contempt Of court" was the
answer. and the young man stepped
20 the desk Of the clerk IF courts
and paid the fine.
M
which this trouble arose occurred on
a curve near the railroad station at
Greene. Nov. L., asst year. The
amount claimed We $500 to cover the
repairs made On .s.ae car and time
that the plaintiff lost the use Of il.
The claim Of both parties was that
the other was on the wrong side Of
the road.
In the car with Mr.. Pratt were Mr..
and Mrs. Harry Stevens. their son
and daughter. and another boy.
Mrs. Stevens was slightly hurt but
the others escaped serious injuries.
It was claimed by the plaintiff that
Cloutser had said at the time Of the
collision. that the car ne was driv-
ing was owned by Governor Milliken
and that the young lady with him
vas the Governors daughter He
further said that PRATT would hear
from the Governor IN a day or two.
In the car Of the defendant, at the
time Of the accident. were Davila
Cloutier, son Of the defendant. and
Miss Thelma Ladd Of Augusta. al
young lady friend of the driver OF
the machine. The younger Mr.. Clou-
tier IS associated with his father IN
the grocery business. The defendant
for 70 years a resident Of Leeds
where he IS employed as a stonecut-
ter
Both Of the machines are said to
har- approached the curve at a
good rate and come in contact near
the corner. Witness after witness tor
the plaintiff testified that they had
been brought to the scene Of the &C.
cident by the plaintiff. and found
that his tracks in which the car was
setting. were ON his right side Of the
road. The tracks of the defendant
are said TO have been followed back
for several rods and were on the
wrong side Of the road all Of the
way.
Mr.. and Mrs. Harry B. Stevens and
their daughter were ON the stand
telling the same account IT the ac-
cident. Mrs. Stevens was thrown
from the machine AZ it was hit by the
heavier car of the defendant. They