Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1926-05-27
HIGHWAY Police
FAIL TO MAKE CASE
AGAINST AUBURN MAN

The testimony of State Highway
Pollceman Wilbert p. Berry of Houl-
ton, who signed the warrant against
| Dr. George N. Schneider of Auburn
alleging a violation of the motor We
| hlcle law, failed to convince Judge
robert A. Cony in Augusta municipal
! court, Wednesday morning that the
Auburn physician was guilty of the
| charges made against him and he
found the respondent not guilty.
RAISING a moving vehicle on a hill
when the vision ahead was obscured
| was the allegation made by the high
way officer, and the offense was
| charged in the warrant to have &C.
Cured on the Augusta Waterville
| highway in Vassalboro last Sunday
afternoon.
On the witness stand Officer Berry
testified that he. with Malcolm Grant
| OF Saco riding in the sidecar of the
State Highway Police motorcycle,
were returning to Augusta from an
unsuccessful effort to locate a drum
ken driver who had been reported to
them, when they took DR.. Schneider
into custody.
| According to the motorcycle officer
the Auburn man passed three cars
proceeding in the same direction as
was he on the Augusta side of Capen
Gully hill. In an effort to pass a
fourth car, DR.. Schneider, according
to the testimony, was forced to pull
back into line by a car approaching
from the opposite direction. officer
Berry testified that in his judgement
the respondent had a clear vision
ahead for at least 100 feet at all
times during the time that they OBJ
served him from the opposite slope.
| Malcolm Grant, who told the court
| tnat he was member Of the Saco
police force, on duty at the State
! Highway Police school for training,
substantiated Officer. Berry's testl-
| on several points and made a much
| better appearance as a witness than
did the Highway officer.
Taking the stand in his own de-
Tense, DR.. Schneider testified that he
had passed the first two of the con-
| voy of four machines while descend
| ing the down grade on the Water
vile side of the hill, when he had a
| clear vision ahead for many hum
dreds of yards. He had sounded his
horn as warning to the third car
that he intended to pass when in the
hollow between the two hills, but
! that the operator Of that machine
accelerated speed so that he was
part way up the rising grade before
he passed. He then pulled over into
line behind the leading car which
was proceeding at a slow rate of
speed.
1t was argued that by the State
Highway Officers own testimony,
the respondent had sufficient VII
sion ahead when he passed the three
machines, and that as he had not
gone by the fourth machine when
, approaching the crest of the hill, the
charges had not been sustained.
Judge Cony felt likewise about the
case and the Auburn man was dis
charged.
Fine in Speeding Case
A second case before Judge Cony.
Wednesday was on a charge of eX-
ceeding the fifteen mile.limit within
the built UP section of the city on
| Bangor street by = the Williams
school. John j. Freshman of Chel-
! sea, Mass, travelling salesman.
was the respondent and pleaded
| guilty and was ordered to pay fine
and costs of $3.50. He settled.
The complaint in this case was
made by State Highway Policeman
! B. F. Fowler of Monmouth, and in
! formation was given to the court on
| the circumstances of the arrest by
! Officer Fowler and Inspector Joseph
| f. Young, Jr. The highway officers
! testified that Freshman was proceed
! ing at a rate of 80 or So miles at the
| point in question.