Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-03-07

tell OF Wallace Lawrence saying that
he had not known of the accident until
Mrs. Lawrence had,exclaimed "My God.
Wallace. you have hit boy" To this
the witness replied that he didn't re-
member that Wallace had said that or
that he Cthe witness) had testified to
that at the other trial. The attorney
for the plaintiff objected to this line of
questioning until Attorney Nelson stat
ed that he would present the record of
this witness testimony in the other
trial Here the witness said that he
was telling it as he remembered it, and
declared that he didn't remember if he
had testified in the other trial that he
had told Lawrence that he would not
lie for him.
He continued on cross-examination
that he had turned to look at the boy.
whom he had met, as, although he did
not know him. he thought because of
! the resemblance that it might be Nc
Phee's boy. When he looked he saw
that the boy had caught his foot, but
at the time he did not see the car. He
did hear its horn being blown and a
moment later saw it coming slowly
and approaching the crossing. He said
that there was II feet on one side of
! the boy where the car might have gone
| The two wheels on the right side OF the
car ran over the boy. When questioned
by Attorney Nelson why, when the
wheel ran over the boys left so close
| to the body, it did not run over the
other leg, the witness could not say.
| He saws the car bump" as it ran
, over the boy and he helped to pick him
| up. The boy was right in the automo-
| bile path at the time.
Rev. Aaron Skillin of Gardiner testi-
| fed that he was in the McPree barber
| shop and that he asked Lawrence,
I whom he did not know before that
| time, If the car which ran over the
boy was very heavy and if it was go
| ing at a rapid rate of speed. To both
| questions Lawrence had answered in
the negative. Lawrence. according to
the witness, had stated that he had
thought the boy was playing and that
! lie would get out of the way.
| James Russ. former city commits
| sioner for eight years. said that he had
| talked with Lawrence, who had told
| him of che accident and of being sued.
| He had said that he did not run over
| the boy but that he would have treat
ed him right if he had not been sued.
He said that this was in July, he
thought, and in answer to a question
| by Attorney Nelson as to whether this
| was in the summer or the winter, the
| witness raised laugh by saying that
July usually comes in the summer.
| The attorney then asked him If he were
told that the writ was dated in January
| it would make any difference in his
testimony. and Mr. Russ stated that it
! would not.
James NJ. Hersom of Pittston was
called to the stand. He was asked by
the plaintiffs attorney, Hon. Ereder-
ick w. Hinckley of Portland, regard
| ing some conversation which he heard
at the hospital on the night of the ac-
cident, but as he was not absolutely
sure that Mr.. Lawrence was the speak
| er he was excused.
Charles Alley who was employed
by Mr.. McPhee in his barber shop
testified that Lawrence was in the
| shop two or three days after the
| accident and that he had asked after
the boy and expressed his sorrow at
the unfortunate occurrence. He said
that he did not feel that any one
that he wanted the boy to have the
best of care. Later Lawrence had
l'been in the shop at the time Rev.
Skillin was there but he had heard
no conversation between them.
Alfred Crossman. an uncle of the
boy, said that young McPhee had
! been visiting with him for several
days. He was shaving a man at the
time of the accident and heard some
one cry out. He ran out side. He
afterward went to the hospital and
! heard Lawrence make a statement
in the hall of the hospital. When
questioned as to what was said he
declared that he could not remem-
Der. Later Lawrence was in the
shop and said that if McPhee had
not sued him he would have treated
the boy right Later still at the hos
pital he had heard Lawrence tell the
| boy that the wheels did not run over
him but that il was the mud guard
which hit him.
On cross examination he said that
he did not believe that he had testl-
fed in the other trial that Lawrence
had made his last statement.
His son. Charles Crossman, was
then called to the stand. The boy
| said that he was coming from the
Community House at the time his
cousin waS hurt and that he saw the
| boy and the car before the accident.
The car was between him and the
boy at the time of the accident and
he did not see what took place. At
the hospital he helped to undress the
| injured boy and when he removed
his shoe he noticed what was ap-
parently the mark of an automobile
tire on his shoe and stocking. He
, could not remember on which leg
| the mark was seen. He declared
that the auto was going between -,
and 80 miles an hour at the time OF
! the accident.
Frank Seavey of South Gardiner.