Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1922-09-27


a minute or two and that Harrington |
tried to engage him in conversation,
but without success. At this time he |
saw the other two men come from !
the Harrington car and cross the
road carrying a bundle. They did
not go into the bushes, but stood on
| the side of the road for few min
utes.
Miss Winifred Strang who was
riding on the front seat with Boud-
reau testified that they left Gard-
| ner about $50. were going from ] .
to 20 miles an hour when the acci-
| dent occurred. She corroborated the
| testimony of Boudreau and said that
| she smelled the odor of liquor on
Harrington's breath. She also saw
| the two men with the bundle. She
f! said that Harrington's car was going
| about as fast as theirs.
Mrs. Maize Strang also testified to
| the same effect.
The bottles which We're found in
| the bushes by Officer O'Brien were
| produced and with their admission as
evidence the State closed its case.
Laurentus Peacock. a night officer on
| the Gardiner force. was the first wit
ness for the defense. He stated that
| he had been at the station eating his
| lunch with another officer when Har-
| rington and O'Brien had arrived. They
| had each smelled Of lIarringtons
| breath but he thought that because of
| the fact that lie had been smoking he
/ could not at first smell anything. He
| tried again and thought that he de-
| tected the odor of soft beer. The other
| officer also smclled of the mans breath.
J Alfred Savage of Gardiner. who con-
! ducts shoe shine parlor and pool
] room in Gardiner said that he had seen
| Harrington most Of the afternoon and
| for good | art Of the evening and that
| he was All RICH. and not under the in
| fiuence Of liquor at any time lie had
seen him. lie said that during the aft
| crnoon Harrington was in the pool
room and that in the evening lie had
| been sitting in his auto in front Of
| the place SO that every time he had a
minute from his duties and went to
cool off he saw Harrington. He also
| saw the man when he drove off with
| two other men and said that at the
time he was not under the influence
| of liquor. Just before leaving, Har-
rington had bought package of Gig
arettes and he Lad had good chance
to notice if he had been different than
usual.
Harry Fl. Howard, shoemaker of
Gardiner, said that he had recently left
| the hospital and, feeling rather "dl-,
he had asked Harrington to take him
for ride. They left about 10 o'clock,
fast time, and had gone almost to
Pleasant pond pavilion. They had
then turned and gone back as far as
road stand where they had some
frankfurtcrs and soft drinks. After
leaving there they had met BouCrcau,
who at the time they first saw him
was on the wrong side of the road. He
had turned out TO the right, but for
some reason seemed TO again start for
the wrong side of the road and they
colllded. He thought that the other
car had hit calvert which was at
the scene Of the accident and that il
had been thrown over their way.
He said that O'Brien had smcllcd
of Harrington's breath first instead Of
!
had also, according to the witness
called man named Weeks to smell
of Harrington's breath. which he did
saying nothing but shaking his head
This O'Bricn had denied.
! Charles Clarke said that he was at
the scene Of the accident before the
officers arrived. He went to Gardiner
with OBrien and Harrington and lat
er returned with O'Brien. lie stated
| that he heard no reference to the bot
| Ties although he was within hearing
distance of O'Bren most of the time
| When he left he simply told Plummcr
TO direct traffic about the overturned
car. He also testified that O'Brien
upon his return first searched the
Harrington car and that although he
was there about - minutes after that
lie did not see the officers search in
the bushes.
u Harrington then testified in lis own
defense. He gave an account Of his do
mss which fitted with those given by
| other witnesses He said that he had
driven a car for II cars and that he
had owned the car which he was then
! driving for about two years. He said
that Boudreau was inclined TO be
nasty about the accident and when the
| latter took his number he followed
suit. He had never seen the bottles
/, and was sure that there We're none in
! his car. He did not hear the officers
speak about any bottles.
| Reucl Brown testified that he work
ed with Harrington and that he had
| seen him at y o'clock, all right at that
| time.
| Morrell Totman Of Gardiner super
intendent Of the city home, was the
4 first man to stop after the accident.
| lie said that Harrington was not
drunk. OBrien had called upon
| Weeks to smell of Harrington's
| breath.
| Here the defense closed its tcsti-
mony and after the argument by the
| lawyers Judge Became presented the
| charge TO the jury and court adjourn