The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1884-01-11
THos. MATHEWS.
MW&F&w
Supreme Judicial Cour,

BEFORE JUDGE sYhoNDs.
THuRsDAY.-John II. Flanagan VS.. John G.
Tukesbury. Action for SANDER. Defence. general
issue. Ad damLum, $1,000.
The Plaintiff testified that he resided in this city,
and was contractor, and at times WORKED for his
brother, James Flanagan; that the sixth day of
November last he was at work in Deering in the
morning, and was requested by his brother to come
into the city in the afternoon and lay some pipe for
Mr.. Hooper on Pearl Street, near the corner of
Federal that he into the city in the afternoon,
and having proceeded in laying the pipe far he
could that night he was arranging fence around
the trench to prevent auy one from ia ling into it;
that while thus eng ged Alderman Tukesbury came
mp to him. and referring to some stones which were
being loaded into cart said to him in loud voice.
In the presence of twenty or thirty persons "what
In III are you doing with those paving stones? /
AZ pave the Marshal and the Mayor Gown here in
sne morning ana sec to thisi'. Flanagan iestifed
that be endeavored t. expla n to Aiderman Tntass
bury that be knew nothing whatever about the "a
Ing stones; that Alderman Tukesnuty then sal /
that he, Fannasan. was a did liar and thief; that
ne saw the stones 6 ing away in the team FlaDna-
gan tsstned mat ne tried to tell Mr. Tukesbury
mat he was bl-mng the wrong person, and that he,
FLANAGAN, had nothing whatever TO do with the
stones; that Mr. Tukesbury would not listen TO him,
AID that he could not rea on with him, and that he
lett him and walked to the other end of the drain.
The plaintiff called Peter Tobey, who testified
that he worked for James Flanagan, and was at
work the In Pearl street at the time of the
Coz -crs.tion hetween Mr. John Fl. Flanagan and
Alderman Iukesbury. and that while passing near
them, he heard the latter call the former ID liar
and thief; that twenty or thirty persons were
present, and that the words were spoken in loud
Michael Flanagan testified that he was present
Pearl street at the time of tie conversation between
Mr.. Flanagan and Alderman Tukesbury, and
while passing them he heard Alderman Tukesbury
saying that he new better; that be, Flanagan was
s;eoli 8 from The city every day, and that he,
Tukes bury, was go ng to the Mayor the first thin
in the morning. Witness thought there were TWEEN.
" or thirty persons prt sent.
On the defe ce, Mr.. Tukesbury testified that on
the morning of November 9Th, his attention was
hrs called to this sewer on Pearl street by Mr.,
Charles B. Varney who was s auding there as he
was passing, and who pointed out to him that the
seRer as being damaged; that he started to go to
the City Engineers Office to inform them about it.,
and met Mr.. Edwards the assistant city engineer,
and informed him. That at ABOUT night-fan on the
same day, he was passing down by there and saw
two carts loading. There were three men with
them. That before he reached them, one passed
down he street; that he followed the cart down.
and looked into it. and GALE the drivers attention
70 the fact that they were paving stones That the
driver replied that he WAS not to blame for It, and
pointicg back to where Mr.. Flanagan stood said,
THAT is the man over there" That he went back
to where MIR. Flanagan was and said 'What ars
you carrying these stones OF for? and that Elan
nagan replied that they came up from an old pave
ment That he said to Flanagan, that that was a
lie; that If then did come up from old pavement,
he ha no business to touch them as they were not
his that this is no better than stealing That he saw
only the three workmen and Mr.. Gould present, and
another man standing on the corner of the street.
alderman rukesbn testiti ed that be did not call
Flanagan thief, nor did he call him id liar.
That be was the'e not more than three minutes
and then passed along.
James Gould testified that he passed Alderman
Tukesbury and Mr. Flanagan within five or six
feet OF them, while they were talking. That he
heard Mr.. Takssbury saying something to Mr..
Flanagan about some stones, but what the words
were and what reply Mr.. Flanagan made he could
not tell That Alderman Tukesbury was speaking
in an ordinary tone of VI ice and without any ap.
parent excitement, and that he thought he was
talking with MIR. Flanagan not more than min
ute and q half.
Charles B. Varney testified that hs called the at
tention of Alderman Tukesbury to the culyert on
Pearl st.
II. 8 Clay, the street commissioner, and George
8. Staples, assistant street commissioner, were
called and examiner briefly with reference to the
removal of stones and dirt from the street.
The jury retired at half past four and not -
reported at the hour Of adjournment . di-
rected to seal up and tfeir verdict Thursday
morning.
On the opening Of the court yesterday, a verdict
was rendered for the defendant
Jury discharged finally. Cours adjourned until
Saturday at o O'Clock a. m.