Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1926-10-22
Continue Reckless
Driving Case Against
Fairfield Driver

Forrest Allen of Osborn street,
Fairfield, was arraigned in the Wat
erville municipal court yesterday
morning on a charge of operating an
automobile recklessly at appoint near
and on the lower College avenue
crossing. He entered a plea of not
guilty, and at the conclusion of the
testimony, Judgt Atchley choose to
continue the case until Saturday
morning at 8 o'clock. On his own
recognizance he was released under
bonds of $500. George Chapman of
Fairfield. appeared as counsel for
Mr.. Allen.
The charge against the respondent
was based on the allegation that on
Thursday, October Ia, Mr.. Allen dis
| regarded the signal of Mr.. Johnson,
the crossing tender, and drove across
the tracks when it appeared obvious
that train was about to pass. At
ter crossing the rails his car is said
to have struck a bicycle ridden by
Joseph Breton Cor Butler) upsetting
the latter and bruising his knee. Mr..
Allen was not arraigned on the BIZ
cycle incident. however, as no COM
plant had been made by Mr.. Bret
on. He was brought into court by a
complaint entered with the Maine
Central r. r. Co., who in turn
brought the matter before the State
Highway police. Lieut.. S. M. Frost
was assigned to investigate the mat
ter.
King CULVER was the first to tes-
I tify. He said he was near the cross
ing when Mr.. Allen came along, and
that he saw the crossing tender in
the road and other cars stopped, and
that the respondent drove past the
signal to stop.
Mr.. Johnson, the crossing tender,
testified that he was in the road with
his stop" signal and that Mr.. Allen
drove past him. He thought it must
have been obvious to the driver that
train was approaching even if he
had not seen the signal, for the
reason that other cars had come to
stop. He said it was one of the
important duties of his job to notify
the railroad company of all viola
lions of traffic rules coming to his
notice, and that he did SO in this
case.
Mr.. Allen on the stand stated that
he had operated an automobile six
years and had never been in court,
nor been in any accident. That on
this day he was driving up the ave-
nue. behind another car, and that
when he got to the crossing he saw
Mr.. johnson in the road with the
stop" sign, but that he held it in
his hands at an angle of about 45
degrees. and had not set it up in a
vertical position which would indi-
Gaze that it must be needed. He said
he had seen others cross under SIM
liar circumstances, and had himself
done so. Furthermore he said, the
, crossing tender often beckoned driv-
ers to cross before the signal was
placed upright. He also stated that
he had tried to stop his car when
he saw the fsignal. which was when
he was exactly breast of it, that he
|, felt quite sure he would have stop
/ ped on the tracks. So he acted on
an impulse prompted by. common
sense.
After a brief plea by Attorney
! Chapman in which he pointed out
! the excellent standing of his client
in this community, stressing the
point that the average driver would
| logically have done the same thing,
Judge Atchley gave a short talk on
| the serious Importance of exercising
extreme caution at crossings, and
continued the case.
Lieut.. Frost emphasized the fact
| that his department was firmly re-
solved that traffic regulations, and
especially those applying to cross
ings were to be very rigidly enforced