Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1926-07-15
court DEFERS
DECISION IN
ACCIDENT CASE
New Jersey Man Charged with
Reckless Driving on the
Thomaston Road

AS the result Of a collision of
automobiles at the "Snowplow" on
the Thomaston Road near the
National Home, Tuesday evening, in
which w. f. Witham was painfully
injured when his Ford touring car
was wrecked by being struck by a
Buick sedan owned and alleged to
have been operated by David Hymen
of Newark, N. j., the New Jersey
man was arraigned in municipal
court before Judge Robert A. Cony
Wednesday forenoon on charge OF
reckless driving.
Testimony of the State and OF the
defense was introduced, after which
Judge Cony took the case under ad-
visement reserving his decision until
the session of municipal court this
Thursday morning. There is said
to be some question in the minds of
officers who investigated the acci-
dent as to just who was operating
the Hymen car at the time, and
there may be some new develop
ments along this line at the court
today.
The complaint in the case was
signed by Frank H. Place Of the
State Highway Police, who testified
to being called to the scene shortly
after the collision and to observa-
lions which he made there. officer
Place stated that he found the Hy-
men machine off the road on a grass
plot some so feet beyond where the
collision between the cars occurred.
and that he was informed that that
was where the machine had stopped
following the crash.
w. F. Witham testified that he
rpONnndin0 clny1rlU cO1Jfh Nh a
Spring road in his Ford car and that
he sounded his horn before at
tempting to cross the Thomaston
road. He had driven nearly across
the latter highway when the Buick
closed car suddenly bore down upon
him at rate of speed which he esti-
mated at between 80 and 35 miles per
hour, striking his left rear mud
guard, breaking the rear wheel and
swinging him completely around in
the roadway. He was thrown against
the top and showered with glass
from the windshield and suffered
cuts over the left eye and his nose,
and painful injury to the ribs on his
left side.
The testimony of the injured man
in the accident was practically sub
Stimulated by Earl James, who wit
messed the occurrence.
Mr.. Hymen, the respondent, was
not represented by counsel and
pleaded not guilty when arraigned.
He took the stand and other wit
nesses for the defense were his son,
Edward Hymen. who said that he
was riding on the front seat with his
father; and A. L. Brisk of Gardiner.
a brother to the younger Hymen's
wife. These three witnesses told
practically the same story Of not
seeing the Ford car coming from the
Spring road, and that when they did
the accident was unavoidable. Ed
ward Hymen drew an elaboate dia-
gram of the sscene of the accident
and gave many embellishing details
and a most complete commentary
on highways and accidents in gen.
eral,' and the psychology of persons
Immediately after emerging from a
crash.
1t is understood that Mr.. Witham
had an attachment placed on the
New Jersey mans automobile, which
was removed shortly afterward, with
no explanation as to the change of
front, but it is believed that salts
factory damage settlement has been
arranged.