Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-03-14

Skillin later testified to the same
thing, that he asked Mr.. McPhee
who had injured his son and the lat
ter had pointed to Mr.. Lawrence.
Mr.. Lawrence had told him then that
he had seen the boy in plenty Of time
but thought he was folling, that he
thought he would jump.
William F.. Walker of Gardiner and
Mrs. Olive Geraison of this city tes-
titled to seeing Harmon at the hos
pital and told of his condition. Mr..
and Mrs McPhee also told Of their
visits to the hospital and TIE condi-
ton Of their son. Mr.. McPhee testi-
fled to conversation with Mr.. Law
renee in which the latter said, mo
man could help hitting that boy. l
will pay all the bills and see that
everything is paid" Mr.. Lawrence
had patronized his barber shop until
papers were served on him in this
suit.
The Defense
Lester ]. Brown was the first wit
ness for the defense, stating that he
knew Burgess well and had heard
him say that he was down by Cross
mans shoe store at the time Of the
accident. Mr.. Brown knew Harmon
McPhee and the lad with others had
been playing some kind of a game
with rocks near the crossing and
McPhee had held out his hand one
night forcing Mr.. Brown to stop. The
boy then stepped aside. He had not
talked at all about what he had
heard.
Merton Hamlin and Donald Now
ell. both boys of South Gardiner told
Of playing games under the light
In 49, %lok
had told of playing games under the
light near the crossing and that Nc
Phee had played with them several
nights.
Harry f. IIamlin said that McPhee
ond young Blanchard had forced him
to stop his team one nightly putting
their feet out in the travelled portion
of the road. He had heard George
Holt say one day that he didn't know
how Burgess knew anything about
the accident as Burgess was with
him near the shoe store at the time
Of the accident
On cross examination it was shown
that Mr.. Hamlin had worked for the
Lawrence Brothers for 81 years and
knew Wallace very well. On redirect
examination. the witness stated that
Holt said he saw plenty Of room be-
tween the boy and the car
Guy Abbott Of South Gardiner was
next called but no evidence was per-
United on objection Of the plaintiffs
counsel.
Mrs, Jennie NJ. Mlroy. who lived
just across from the Community hall.
stated that she was walking towards
the railroad crossing when the Law
FENCES came along in their automobile
CT III ~ n |,
her until she stopped at the church
Their car could not have been travel
ing over three or four miles an hour.
She stood still and watched the car go
slowly towards the crossing. saw it
stop and then start again. She then
turned and walked back 10 her house.
meeting the Crossman boy near the
Community hall. She did not sec
young McPhce on the crossing and
thought he must have reached there
after the car had interrupted her View
She heard of the accident a few min
utcs later but did not so to the scene
Tho most intero sting part of her tcG-
tinlony. in View of what came later
was the fact that she did not see
young McPnec on the crossing.
Defendants Testify
Mrs. Alice s, Lawrence told Of the
Mrs. Milroy and then of Mr.. Lawrence
shifting gears before he went over the
crossing. She saw the boy walking
back and forth on the rail. lie was
on tho right end Of the crossing and
was standing up within two or three
feet when they passed. She heard
someone shout and told her husband
to stop the car. which he Gid She got
out and started bask for the crossing.
but the boy had been lifted before she
got there.
On cross-eXamination. Mrs. Lawrence
could not remember what Sha said to
her husband when she asked him to
stop She admitted making tho remarks
attributed TO her by George Holt when
she went with her husband to see him
and also stated that she told him he
was drunk or something else if he said
he saw tho car hit the boy. She could
not remember conversation with Mrs
Louise Duffy and Mrs. Emma Campbell
at the hospital.
Wallace Lawrence, the defendant.
told practically tho same story OF
lAe drive down the road as wa stold
by his wife. He saw the McPhee
boy on the rail but had plenty Of
room to pass him. He did not hear
az. cutlery until his wife spoke. lie
did not have anything to say to
! Crossman then or any time admit
ting his liability. He had never seen
Mr.. Sl;llin before he saw him in
court although he admitted that he
might have told someone in the bar
Der shop that the car outside was
the car that Burgess said had run
over Harmon.
ON cross examination. Mr.. Law
renee said that no always shifts
gears when going over a crossing be-
cause he thought there was less
chance of stalling his engine on the
track when in low gear. He shifted
gears about 80 fe-t from the cross
ing and he saw the boy on the rail
when near the church. The last he
saw of the the boy. he was standing
up and was about two feet from the
car. He was quite sure that he stop
ped the car before it reached the
hydrant. He also admitted telling
Mr. McPhee to have everything done
for the boy and that he would help
pay the bills. He said he often did
tha+ but exceptions halted. further
te imony on that line.
Contradicting Testimony
Testimony cOntradicting that of
Alfred Crossman was introduced by
Frank Johscn. who claimed that he
Just getting into the chair in
CrOssmans barber shop when he
heard tn cries. He went to the
door and then up the street with
Crossman following. He met Mr..
Lawrence near the car and stood
talking with him. Crossman had
no conversation with Mr.. Lawrence
at all and he was with Mr.. Cross
man all the time until the car with
the injured boy and Crossman was
driven away.