Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1921-06-14

reckless rate?" asked Mr.. harrington.
My impression was it was not" re-
piled Mr.. McKim.
He stated that his attention was at
tracted by the other car which he
thought might be going into Melville
street.
Thomas Wilder Briggs, another of
the occupants of the Benn car, testified
to asking Benn. down street. to give
he and his companion a ride home.
He was seated on the right and did
not notice the Essex car which passed,
except that it was a dark object that
went by. He said he did not hear any
horn. They were not trying to race.
The boys in the Bonn car were talking
about the track meet which occurred
that day.
Dallas Armstrong, the third occu-
pant of the Benn car, gave practically
the same testimony as did Briggs. He
said that they were not going at over
25 miles an hour. I'VE were going
slow because we were going to turn a
sharp corner to go into Cushman
street" He didn't hear any horn.
Miss Annie C1ough. who lives on
Western avenue, testified to seeing
the two automobiles pass her house,
going up the hill. 1t appeared to her,
she testified. that the roadster was
way down on the side in order to let
the Essex car pass by.
The Summing Up
In closing the defense side, Mr.. Far
rington declared that the warrant
charged the respondent with driving
a motor vehicle in such a manner as
to endanger lives. There appears to
have not enough evidence to convince
beyond a reasonable doubt. The boys
all say they were not going over %
miles an hour. The respondent no.
hced the speedometer. The other
boys do not attempt to say that they
saw the speedometer. There was alb
solutely nothing in this case to en-
danger the lives and safety of the
public. The Essex car was going at
an excessive rate of speed. This is
not case where that driver is an
swering. He has answered to a higher
court If both cars were going at the
same rate of speed, then the Oakland
would have shot past the Essex and
gone way beyond, not getting hit when
the Essex was thrown back by the
electric car. That argument is elo-
quent Of the truth
County Attorney Sanborn pointed
out in his closing arguments for the
State that the punishment in the case
was an endeavor to stop excessive
driving about town and in this county,
W
statute to punish excessive driving.
Mr.. Sanborn said that he has been in
office long enough to know that one of
the worst offenses was speeding Of
automobiles upon the public highways.
Always in every other case rights of
others are hazardod; parties are put
In danger of their lives. Even IL they
were going at so miles an hour and
with no other car in sight, they were
breaking the law. was the Judgment
OF the County Attorney. And even if
Bernard Benn was going between 20
and 20 miles an hour as testified, he is
guilty under this statute. 1t is not
the intent of the officers of the law to
punish him because it is the shameful
fact that everyone is doing it, Speed
ing Is an offense that the county off,
GERS feel must be stopped; a custom
that must be put down.
Judge Cony expressed the opinion
that the case had been carefully tried
in that court and that the work of the
attorneys had been we'll DONE And in
closing he stated he would rest the
case until Saturday in order to go
over more carefully the evidence.