Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-04-15

Emery Beane, q verdict Of mot gull
| ty" was brought in by tine jury Mon
day afternoon at the Superior court
I'm the case of Ernest c. Yeaton Of
Belgrade, charged with operating .
motor vehicle while under the infiu-
Erecting the verdict Judge Beane
stated that he was assuming the full
responsibility Of the finding as he was
fully assured that II any other YER
dict were returned It could not be up
held at law upon the evidence that
had been introduced.
Dana Booker Of Oakland charged
with illegal possession Of still chan
ged his plea from mot guilty" to
"nolo contendre' and was sentenced
to pay a fine Of 500, and costs Of $50
and to serve three months in Jail with
six months in addition upon nom
payment Of fine and costs. He was
placed upon probation upon payment
Of fine and costs.
Ysaton Use Testimony
b. r. Fowler Of Monmouth was the
first witness for the state in the Yea
ton case. He testified that he went
to the scene Of the accident the day
following. He described the place
and said that the gravel road was 10
feet wide and that in all there was "a
feet in which two cars might pass.
There was q clear view of 600 feet
from the place where the car owned
by Yeaton had collided with a car
owned and driven by William A.
knight of Rome. looking in the di-
rection from which the Yeaton car
had come. The accident occurred at
the foot Of a slight hill down which
the Yeaton car had come. The knight
tt
and was pretty well out Of the beaten
track.
William A. Knight, the owner of
the other car testified that he was
going toward Belgrade Lakes. He
had with him a man named Peacock
who was intending to buy the car
and who was learning to drive a gear
shift car at the time. Mr.. Peacock
had stopped the car and Mr.. knight
was prepared to drive it along when
they saw the Yeaton car approach
| Ing. There was nothing unusual
about the way in which it was COM
ing until 1t had almost reached them
when it swerved to the right and COL
lided with their right front wheel.
The Yeaton car overturned and q
| Mr.. Tibbetts was thrown out and
badly injured dieing later at the Au-
gusta General hospital. Mr.. Yeaton
had told the witness that he was
| driving the car at the time Of the ac-
cident. This was between o'clock
and 7.30.
Upon cross examination the wit
| ness testified that Yeaton had told
him that he thought the car was in
! the middle Of the road and that he
| mad better chance to pass on the
left side than on the right. The wit
IN Of fhn xI~oA
| Yeaton was drunk.
DIR. Albion e. Floyd of New Sharon
stated that he had been called to at
tend the injured man and had arriv-
ed shortly after 8 o'clock. He found
that Mr.. Tibbets had suffered a frac-
| tured skull and he could do nothing
but prepare the man for trip to the
| Augusta General hospital which he
did. While working tbout him he
smelled the odor of alcohol He had
| noticed that Mr.. Yeaton acted STU
pld' while he was in the room where
he was attending the injured man and
that he was the only one in the room
that sat down. Later he had helped
| Mr.. Yeaton into the back of the truck
TO look after Mr.. Titbbetts and he had
smelled liquor upon him. He said
that he would say that the respond
ent was under the influence of intoxi-
eating liquors.
| Upon cross examination DR.. Floyd
stated that there were no other
! chairs in the room, than the one oc-
| cupied by Yeaton. He also said that
he could not tell whether the odor
! came from Mr.. Yeaton's breath or
from his clothing.
Deputy Marshall Charles Whitman
of the Augusta Police force, talked
with Yeaton after the injured man
had been brought to this city ana
stated that he could smell liquor
about him. He asked the respondent
If there was any liquor mixed up
with tho accident and had been told
that Yeaton had had two or three
glasses of cider in the afternoon.
| Upon cross examination the officer
stated that Yeaton talked and walked
all right and that he couldn't call him
intoxicated. His face was a little
| flushed but he did not necessarily at
tribute that to liquor. He couldn't
tell If the odor of liquor came from
the mans clothing or not.
| The state rested its case here and
| the respondent, Ernest c. Yeaton was
| first called to the stand by the de-
tense. He stated that he had been
out on business that afternoon and
| had driven in the early part of the
afternoon TO the Tibbets place. Here
he had two or three glasses OF sweet
cider, but could not say whether IL
was at that visit or at a subsequent
visit about an hour later after he had
returned from trip to Sidney. They
then went to Rome accompanied by
Mr.. Stevens, and went to the home
of Ezekil Wentworth where they HAD
stayed about two hours. Then they
| had driven to the home Of Mr.. Went
worth's brother and on the way LEFT
Mr.. Stevens at Keiley's store. return
| ing there in a very short time ana
stopping about Is minutes. They had