Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1919-10-28
Jacobs Convicted Of Mauslaushter;

Jacobs Convicted Of Manslaushter
ING LAST NAY.
In the Supreme judicial Court, Tues
day, verdict of guilty was returned b!
the jury in the case Of William w. Jacob
of Paris, indicted for manslaughter II
causing the death of Mrs. Mary E. Younl
of Norway. Mrs. Young was Instant!
killed at Coy's crossing, so called, II
Oxford, when Mr.. Jacobs automobile
which he was driving and In which Mrs
Young was one of the passengers, wal
struck by train. This Is thought to bt
the first case In this state In which ths
driver OF an automobile has been In
dicted on account of the death of per
son who was in the car with him.
| The case was assigned for Tuesday In
the court, and work began on 1t at once
after the opening of court in the morn
ing. County Attorney Frederick r. Dyer
represented the state, and Jacobs was
defended by Alton G. Wheeler of South
Paris, assisted by Charles F. Whitman Of
Norway.
A jury was drawn In Q few minutes,
with some half dozen challenges by the
state or the defence.
In opening, County Attorney Dyer
said that there was no charge of malice
or wrong intent on the part of Jacobs,
but that he was charged with causing
the death of Mrs. Young by his negligent
and careless driving of the automobile.
The facts to be set forth were that In the
afternoon of Saturday, May 10, 1919, ia
cobs with his Ford Sedan started from
Norway with party for Lewiston. The
passengers were Mrs. Mary e. Young,
her young daughter, and an elderly man
by the name of Smith, relative of Mrs.
Young. They were to bring home from
the hospital at Lewiston an older daugh.
ter of Mrs. Young.
At Coy's crossing the automobile COL
lided with q south-bound freight train,
and Mrs. Young was killed, the other oc-
cupants of the car escaping with slight
injuries.
For distance of 1000 feet or more
above the crossing there is nothing to
obstruct the view between the highway
and the railroad except one house. At
the whistle post the engineer of the train
blew the regular crossing whistle. See-
ing the automobile still coming he after
ward again blew the crossing whistle,
and when about $50 feet from the cross
ing blew a number of short blasts and
put on the emergency brakes. The en-
CINE struck the automobile nearly In the
middle and demolished 1t, scattering the
wreckage along the track for some dis
tance.
The witnesses for the state were sworn
at the close of Mr.. Dyer's opening, and
DR.. d. L. Bartlett of Norway, medical
examiner, testified as to the injuries of
Mrs. Young and the cause OF death.
j. 81. Stuart of South Paris, civil en-
gineer, had made plan Of the locality
for the purposes of the trial, which was
posted on the board back of the witness
stand, and he testified regarding dis
tances and conditions. The railroad and
highway approach each other at an angle
of about thirty degrees. There Is nothing
in the vicinity of the crossing to obstruct
the view except the Coy house and
small orchard, and from the orchard to
the crossing, distance Of 625 feet, there
Is no obstruction whatever except two
elm trees, low bush, and an ordinary
fence.
Warren Emery, engineer on train No.
$50, which struck the automobile, testi-
fed that the accident occurred at about
2:2O P. NJ. he sounded the whistle at
the whistle post, and first saw the auto
mobile nearly opposite him at about the
same time. He watched the automobile,
and later blew another crossing signal.
The automobile came along as II 1t was
going to stop and then kept on. About
$50 feet from the crossing he blew some
short blasts and put on the emergency
brakes. The bell was ringing by air from
the whistle post until after the train
stopped.
There were thirty-two cars In the train,
which was travelling eighteen to twenty
miles an hour before the steam was shut
off. He judged that the automobile was
approaching at about the same speed.
The train went the length of the locomo-
tive and three cars over the crossing be-
fore 1t stopped-a distance OF some 200
feet.
Mr.. Wheeler started ripple Of laugh
ter when In his cross ss-examination the
engineer said he had no experience In
driving q Ford, and Mr.. Wheeler re-
marked, "Railroad men drive other cars
than Fords, don't they?"
The other members Of the train crew,
Wallace Austin, fireman, Mr.. Anderson,
Russell and McLearn, brake
men, gave testimony corroborating that of
the engineer In some of It's features, two
of them having heard and noted the
whistles as the engineer had described
them. None of them were situated 30 as
to see the automobile before it was
struck.
Stephen Smith, who engaged Jacobs to
make the trip, and who sat beside Jacobs
In front on the side away from the rail-
road, told his story of the affair. He
himself was not familiar with the road
and did not know of the crossing. He
said Jacobs was driving slow. he did
not see the train nor hear whistle or bell
until they struck.
Henry W. Coy, 81 years of age, who
lives In the house nearest the crossing,
ucoCItU0u uto Wow Va tuO oudiEs no Wd6
narrowing In the field below the road,
and was resting his horses when he saw
the automobile and train both approach.
ing the crossing. he watched them, be-
cause he thought the way they were 90.
ing they would come together, and he
was interested to see how they were 60
ing to come out. He couldn't see that
there was much difference In the speed
of the automobile and the train.
This completed the states case and the
forenoon session. After dinner Judge
Whitman opened the defence, stating the
case briefly. Mr.. Jacobs then took the
stand.
In answer to inquiries by Mr.. Wheeler,
Jacobs said that he had owned and driv-
en- cars for seven or eight years; had
owned several different cars, had run Q
public car more or less, and had driven
many miles. he bought the car which
was wrecked about two weeks before the
accident. Since the accident his drivers
license had been revoked.
Coming to the day of the accident, he
said It was his impression that the win.
dows Of the car were down just enough
for ventilation. At the two other CROSS
ings which they passed he had kept
watch. He had 1t In mind that the next
train over the road would be the after.
noon passenger up. Near the Coy build
ings he looked toward the railroad but
saw no train. He paid more attention to
the railroad toward the south. The road