The independent-reporter. [volume] (Skowhegan, Me.) 1909-1955, 1923-09-27

| could not be changed except In writ
ing signed by the parties, the presid
| ing Justice decided a verdict for the
plaintiff to which the defense took
exceptions and the case will go to
the law court.
MONDAY AFTERNOON
Court came in at two O'Clock Mon
| day afternoon after adjournment
since the Saturday noon previous.
Lester Brown was arraigned on a
charge OF Illegal transportation of in
toxicating liquors under the new law
and pleaded not guilty. Bonds OF
| $500 were furnished, the necessary
sureties being furnished by David
Perkins of Oakland and c. NJ. Carpep-
ter of Smithfeld Manley Beane Of
Moscow was arraigned on the charge
| of being a common seller of intoxicat-
| ing liquors. He pleaded not guilty
and was released on bail of $500. Nor
ris Cahill and Mont Beane of Bling
ham acting as bondsmen.
THE REILLY AND QUIMBY CASES
The two cases of William D. Reil-
ly OF Pittsfleld VS. Charles Quimby of
Benton and of Quimby VS. Reilly were
taken up, with Harry r. Coolidge for
Mr.. Reilly and Mark Bartlett of Wat
ervile for Mr.. Quimby. o. II. Emery
of st. Adams, J. E. McMichael and F.
E. Bridgeham of Pittsfield were ex-
cused from serving on the jury. c.
r. D2ling, Lester Richardson and
Ralph Hilton were substituted from
the supernumeraries. The two cas-
es were tried together and resulted
from an automobile accident which
occurred In Pttsfield village on June
2S, 1922 Following the collision Mr..
Reilly claimed that Mr.. Quimby had
acknowledged 1t was his fault and
offered to settle but that he had not
Mr.. Quimby claimed that he had told
Mr.. Reilly he would settle but under
the condition that if he was at fault.
Mr.. Reilly was the first witness He
claimed he was driving his automo-
bile on Main street on the right hand
side going south at the time of the
accident. That he had taken Mrs
Sadie McCrilis into the automobile
to take her to Augusta as he used his
car to accommodate the public. Wit
ness said he saw Quimby coming when
he got most to Central street where
the silent policeman stands and felt
the crash. Reilly stopped his car
125 feet from the collision. He met
Mr.. Quimby and Quimby told him, &C
cording to the witness that he Quinn
by) was most to blame and agreed
to pay the damages. He had a brok-
en- hub cap and among other things,
a Hood Cord tire spoiled that had
been in use three weeks. The total
! bill was about $6S. Under cross ex-
animation Reilly said that he didn't
know the value of the tire and never
had inquired He was positive that
Quimby didn't say, "if he was at fault
he would settld." Mrs. McCrillis,
bookkeeper at the MeGilvery- Cum
mings mill was in the automobile at
|, the time of the accident and couldn't
say the rate of speed at which Mr..
Reilly was driving but he had just
started and shifted into high gear
She did not hear the conversation be-
tween Quimby and Reilly and noticed
some of the DANCES to the car. Mr..
Wright was on the streets of Pitts
/, field when the accident occurred, saw
Mr.. Reilly going down the street and
thought he was going fifteen miles an
: hour He heard the two men talking
and heard Quimby tell Mr.. Reilly to
send in his bill and he would settle,
he stated. Mr.. Towle testified that
he was near the scene of the COLI
sion and that the car driven by Mr..
Reilly was going not over II or Is
miles per hour; also stated that he
heard Quimby tell Reilly to send in
the bill and he would pay it. Des-
mond Bradley of Detroit said that he
saw Reilly pass and thought that he
was going at the rate of 10 or ~ miles
per hour. Witness said he heard the
,, collision and heard conversation and
heard Quimby offer to settle. Night
;; Police officer Ivan Brooks of Pitts
field heard no conversation between
the two men concerning the settle
ment and didn't think he saw Mr.. Reil-
ly but said that Quimby told him that
everything was fixed up and that he
made no claim that Reilly was at fault
and said he was going to settle.
|. Mr.. Quimby took the stand in de-
tense and said he was truckman
and farmer, but was former traffic
cop and policeman at Waterville. He
stated that he was going up the street
slowly on his right hand side, looked
to see If the train was approaching
: as he was near the railroad crossing
and also looked up the street and saw
nothing in the way. Witness said
he went across the railroad crossing
and swung to the left to go into Cen
trail street He had to slow up to
let people clear away from the rail-