Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1892-07-12

ess,issssiss 4 H. nssnsssA Csc eiiaas
". Kyle.

When three O'Clock 3Tfvfsi yesterday
afternoon Mr.. B. o. Gilman Of Monmouth.
and Ns. Amos Kyle Of Monmouth were in
the munieipsi court room in attendance on
the trial that saz continued from Friday.
II viii be remembered that Gilman charged
Kyle with malicious srespa1s 90 certain
piece Of ixnd in Monmouth. The proseeu-
ton presented their testimony On FRIDAY
and the defense WISHED the trial continue
I'LL Mr.. Marx l.. GeteheH. the Original
owner Of the Land. could be summoned.
Mr.. 6eschsii was the Afst witness YESTERDAY
Afternoon. having been summoned by the
defense.
He acknowledged having bonded TIE
land in question to Mr. Kyle and hienii''ea
thu bond ae also said he had Six promis-
gary notes from Mr.. Kyle, giving in ex-
change for the bond. IL appeared there
were seven notes in all one for SIS.
secured by collateral
Q-Haye you ever tesderst the notes to
Mr.. Kyle.
Al told him he could have tn. notes
| back, hat have not handed them to him.
Q-What we're the consideration for the
si6s note.
A-For lumber for the barn, etc, an
was secured ON his horses. The price Of
the land and lumber wa. s7ss.
Q-Do you hold any security for these
six notes other than the bond?
A--so, sir.
Odd Mr.. Kyle take possession of tbs
premises and manage the premises during
| the past YEAR,
Al suppose 30.
Odd he erect a barn on the premises :
Ale built shanty there.
Witness said he told Mr.
Kyle to keep of the land since
| the bond expired II told him he hadn't
paid the bond and wanted him 10 keep OF
the land Had quite a talk with him
Talked yerv pleasantly for I should think
tive hours. cant remember what SAIL.
| file wanted me to extend this note for ten
| days and told him couldn't extend it ~
minutes and | simply want you to keep OF
| the land
The first part Of the conversation wa
pleasant and told him he was losing m0nes
on the property and | offered To give him
back his notes, property and collateral.
Odd you have any talk about selling
this piece of property prior to June 26f
A-Not till had considered the condi
tons of the bond broken and lawyer
| had told me- that hal
right to sell it.
Here objection was made b. witness say
ing when the first conversation regarding
the property was had with Mr.. Gilman
| Lawyer Tuell said he wished To show thar
there had been an intention to sell the land
out from under Mr.. Kyle. The witness
| finally said that he didn't speak to Mr.. GIL
| man about il till after June 26th
Here evidence relating to the promise
Mr.. Kyle made TO Mr.. Getchell to pay for
| the land was brought out.
Odd he pay you taxes on the land that
Year,
A--No: paid them.
Odd you give him receipt for taxes :
Al don't know what be called il.
| Here Tuell presented the re
ceipt. Mr.. tietchcll said it
looked like his signature and still it didn't
Witness was then shown his signature on
| the bond and then the one on the receipt
| was asked if he didn't wish to change hi
| statement and witness didn't. He said Mr..
Kyle hauled in load of hay, and whether
this went for taxes or on the note he didn't
exactly remember, but thought it went OF
the note
On cross examination said that he never
had any snch deal ~ is represented in thi.
receipt for note of $50 for timber and
lands and ~ for taxes. The court here
required the case to be confined TO TIN
question whether, on the day he wa
ordered off by Mr.. Gilman he was or Wa
not in lawful possession,
Lawyer Tuell said that he proposed 10
bring suit in equity. The judge said it
wasn't within the province of this court to
decide this matter by possession if it is 10
90 into the court of equity. lie would
withheld his decision Lawyer Tanner
claimed that u bond like this was only
personal obligation and the man only
tenant which the conditions of the bond
remained unbroken. That this was in no
sense mortgage.