Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-09-12

which they did, and he paid the man
$40 on account. This was simply done
to clear the road.
Emile Arbour, the owner of the car.
then testified. He was riding on small
seat in the center Of the tonneau and
did not see the truck until it hit him.
He got out on the right side of the car
and only noticed that the rear of their
car was within two feet of the edge
of the macadam road. He did not know
where the front of the car was situat-
ed with relation to the road as he was
intent upon helping his son. who was
injured.
His explanation as to the reason for
moving the cars was the same. He
stated that he had not told the garage
man that it was his own fault and that
he intended to pay for the repairs. He
had talked with Pennell and told him
that they would look the road over
and that If it was his fault he would
pay the damages. His minor son, An
selm Arbour. had been injured so that
he was compelled to remain away from
his work for several weeks.
Paul Radski. who lives within a
short distance Of the scene of the acct
dent, was called to the stand. His tes-
timony substantiated that of the other
witnesses S to the position of the cars.
Ralph Caldwell, manager of the
Capital Garage, was called to fur
nish testimony as to the value of
| the car. He said that while the car,
! which was large Buick touring car
made in 1916, was probably worth
at the time of the accident about
$500. it would cost over $500 to re-
pair it. Fred league, employed at
the same garage, stated that in his
| opinion the figures made by Cald-
| well We're about right.
Anselm Arbour testified to seeing
the car loom up in the fog and that
he saw his brother throw out the
clutch and put on the brake. He
said that he was cut by the flying
glass of the windshield to such an
extent that it was necessary to take
ii or 10 stitches in the wounds, and
he was obliged to remain at home
for seven weeks. DR.. ID. T. Berube
testified as to the nature and extent
of the wounds suffered by the boy
and the time that he would expect
them to keep him from his employ
ment.
Merton l.. Wheeler, OF the State
highway police, was the first wit
ness called by the defense. He stat
ed that he in company with Mr..
SMrey, head of the motor vehicle
division of the State Highway de-
partment, and several others left
| this city on an auto trip and that
when they got out two or three
miles from the city on Riverside
Drive, they found the two cars in
the road. The truck was on the eX-
treme right of the road coming to-
ward Augusta. and the auto which
was headed toward Wateryille was
in front of it and at an angle to
the truck. The evidence was that
the auto had been moved. AS the
party was in a hurry they went
along and at Waterville telephoned
to Patrolman Burgess of the high
way police.
truck, said that he saw the Arbour
toward its left, then it came back
toward the center of the road at an
angle and hit the truck. He thought
that it was out of control and that
it was travelling at a speed of 90 or
| 10 miles an hour. He had brought
his truck nearly to a stop when the
collision occurred. He was on his
right side of the road. Later they
had dragged the auto around so that
it would not interfere with traffic.
His truck was going between 10 and
l. miles an hour. The fog was not
very dense and had not bothered
him.
His Testimony in the main was
corroborated by Charles S. Pennell
and Frank NORM, who were in a
Ford truck just behind him. The
two trucks had come from Newport,
where they had delivered loads of
furniture. They left there about
12,3O at night.
back and testified that the fog that
morning had been very dense and
that he could not see the cars in the
accident when he was within 80 or
so feet of them.
Officer Letendre was again called
to the stand and stated that Pen
nell had told him that he could not
see the other fellow and that he was
going at 20 or "a miles at the time.
Arbour had remarked that he was
going about - miles an hour.
The rCbuttal for the defense was
limited to the statement of Joseph
Pennell that he had not talked with
the officer that he remembered and
that he had not said that he was 60
ing at the rate of 20 or % miles an
hour.
An announcement was made Tues
day by Judge Beane that the GRIM
inal cases would be in order for
Wednesday. Court was adjourned
until $50 this morning.