Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-03-18
DRIVER Of AUT0M ObILE WHICH
WENT OFF RIG HMOND FERRY
CLAIMS BRAKES were SET

surface. ana that they found the brakes
locked at that time.
{ Charles B. Randall and David W.
Ccribner. both county commissioners
of Sagadahoc county, testified substan-
TALLY the same. They had been using
the boat to get to Swan Island on some
business several times. but had not
told Emmons to put any safeguards on
1T although they had told him that any
thing that he could do to protect the
lives of his passengers should be done.
They did suggest that he put up
chain at the end OF the boat. Scrib-
ner testified that he had been on the
boat but a short time before the acci-
cent and that there had been four
bookings about three by four inches
| and about eight feet long. there.
I Here the plaintiff rested and II wit
| nesses were sworn by the defendant.
| The deposition Of Mary c. Paine. II
years old, of Richmond. was first In
| troduced. She stated that she lived by
the ferry landing and that she was
! there at the day Of the accident. After
| the accident there vas large crowd
! of people out by her stable and she
went out. She saw Henry Goodail.
whom she did not know then, and
asked him who was drowned. He told
her that 1t was his mother. father.
brother and cousin. He had also de-
clared taht he thought that ne had the
brake on the car but that 1t could not
have been as the wind pushed the car
| into te river
| On Characterization she said that
she did not know who the boy was
when she asked. He was crying. She
did not ask particularly about the
byakes. The wind was squally and at
times heavy that day.
| Charles Allen Of Richmond, a car
penter and mason at Richmond, testi-
| fled that he had helped build the boat
| five. years ago this month. He told OF
its dimensions. which were 43 feet II
inches long. IS feet 9 inches wide at
the ends and IA feet inches wide
! amidsbip. He said that there was
crown Of two inches from side to side.
| hut that from stem to stern it was
all the same height. He declared that
It was made of first class new lumber
! and gave many. figdr which would
| show that it. was very staunchiy pullt
boat. 4
| ,oT-pon eross-examination he testified
| that he had been on 1t in high seas
| but that it did not rock very badly.
! He could not remember that ne mad
! seen any safety devices when he was
| dent. o. ,..
| BENJAMIN Emmons the defendant,
| testified that he has been in the ferry
business since 1915 and that he help
| ed Allen build the Doat. He said
| that he has carried four auto on 1t
| at one time on several occasions and
! that he has carried sc autos on 1t In
| one day. He said that the dimen-
! slons were as given by Allen except
that there was q slight pitch to the
| last three or four feet Of each end,
the pitch being toward the water. He
said that north west wind such as
| they had that day would not rock the
| craft at all.
| On cross examination he said that
| County Commissioner Randall was at
his place the night before and had
told him that he had better put
chains on the ends of the boat. he
had been away the day of the acct
| dent and when he returned had the
| chains with him. He said that at the
| time of the accident the river was
rough. 1t was his custom to put the
motor boat on the down river side or
! the boat when the tide was at ebb
! and on the up river side when it was
a flood tide. When the wind was
very strong he sometimes put the
boat on the side away from the wind.
! He declared that the County Com
| missioner was mistaken about seeing
! the timbers on the boat before the
| accident as they were fut there alter
| it had happened.
Mason C.. Carter who was operat-
ing the ferry at the time of the fatal
accident, testified that he is ]S years
J old. and has been working for Mr.:
| Emmons and running the ferry OF
and on for four years. He did not
see the auto until 1t was almost on
the boat. He said that a piece OF
| timber which he used to push the
! scow off the shore was lying on the
, seow about eight feet from the front
, end and the car stopped within about
three feet OF the timber. He notion
ed for Goodall to stop the car and he
did so.
He was in the motor boat back to
| the car when he heard a scream ana
| turning around saw the auto almost
off the rear of the boat. He shouted
Brakes and then the car went over.
He quickly threw the engine into re-
verse which would turn the boat
around and then-j jumped after the
! girl. The scow was dry he said and
| there was no sea to speak OF. Ihey
do not get much sea with north
| west wind and an ebb tide and there
| Ia no motion to the scow.
Arthur II. Turner, garage man OF
Richmond testified that he saw the
car after 1t was taken from the water
and that with five men pushing on
the car they could not move 1t with
the brakes set. The car at the time
was at the side Of a dirt road and
the rear end was slightly higher than
tho front end.
Roy fitzpatrick another garageman
testified substantially the same.
Leander p. Morton, the man who
had fixed the brakes a few days be-
fore the accident said tina they were
in good condition before the accident.
On cross examination he said that
he had looked the boat over on the
day Of the fatality and he had seen
quite a lot Of oil on the boat which
had leaked from autos that had been
OH 1t.
Carter was called back for cross
examir. ton and stated that the wind
would be blowing Just about head on
to the car at that time. He did not
put the timber in front Of the car. he
had just thrown IT there before the
car came along and had another at
the other end so that ne did not need
It He said that there was space OF
about 20 feet to the back OF the boat
from the back of the car when they
left the shore. He admitted that If
the timber had been behind the car