Daily Kennebec journal., 1894-02-05
QUILT, QUILT, ,
Who Owns the Quilt7 Question
That Stirs Winthrop
To Its Very Depths and May Puzzle
Supreme Court.
Is Guessing Gambling l-Peiat Raised at
Hearing Before Judge WhitsAouss.


question that is even more out of place dis
turbing peaceful community, interfering
with church relations and puzzling the wise
heads of the supreme courl, than would the
obsolete game of button, button. who's
got the button?" be at fashionable after.
noon tea.
The question as to the ownership of .
patchwork quilt will not down, however.
1t has already assumed State Importance
and may result in legal decision that shall
affect certain national customs, church
fairs, for instance.
1t is this question which is just now puz-
ziug the eminently legal mind of Judge
Whitehouss and is a fair way to demand
the consideration of the law court of the
State of Maine. Saturday was occupied in
hearing on the case before Judge White
house. The hearing was q spicy one and
all the diplomacy of witnesses did not con-
ceal the fact that there was difference in
sworn testimony amounting to "she did"
and ''she didn't" a
The best idea of the hearing can be had
by comprehendiug the story of the events
leading upit. Crystal Lodge, I. O.. o. F.,
of Winthrop had fair at that place. March
30, 1898. At this fair patchwork q nilt was
offered the first person to guess the exact
number 1926. Five other persons guessed the
same number an 4 all of them looked upon the
dazzling allurements of that quilt with eyes
Of proprietorship. But Mrs. Pettingill
claimed it all. She claimed that the per-
son who registered her guess told her that
but one person guessing would be allowed
to take the same number. This was denied.
The Guilt was not surrendered to any Of
the contestants. Later Mrs. Pettingill went
toa justice of the peace and got him to
issue writ of replevin. This was put in
the hands of Deputy Sheriff Berry to serve
and in this way Mrs. Pettingill came into
possession of the quilt, which she claimed
to be all her own. 1t was then discovered
that the commission of the justice of the
peace had expired before he issued the writ.
Here was sensation. But what mattered
ii? Legal brsins were applied to the case
and no way in law was found by which
Mrs. pettingill could be dispossessed of her
treasure. The five disappointed guessers
then decided to resort to equity and bill
was brought in equity by them to have their
rights in the matter declared those Of
tenants in common with the defendant, Mrs.
Pettipgill. The names of the plaintiffs are :;
J.H. Bates, L. o. Cobb and Ellen C. Deal
of Winthrop and Sadie Chick and F. H.
Burgess of Augusta. County Attorney
Carleton appears for the plaintiffs and F..
E. Beane, Esq, of Hallowell. secretary of
the Democratic State committee, is counsel
for the defense.
There va, quite crowd of lawyers pres
ent at a good part of the hearing and natur-
ally there was mnch amusement for the
spectators. The witnesses did not all agree.
Mrs. Pettingill was sure that she was told
that no person would be allowed to guess a
number that had previously been guessed
and other witnesses were equally as positive
that no such statement had been made.
The knotty problem from legal point Of
view to be determined is "Was guessing
on the number of pieces in that quilt gam
bling in the meaning of the statute?" This
point was raised by the defense and q case
analogous to this was cited from decision
rendered in Indiana and to the effect that
guessing the number of beans in certain
b,ttle was gambling under the statute.
There was an element of chance
by which those who hazarded the
amount of money required to guess did so
in the hope of obtaining benefit. 1twa'
argued that Judgment could not determine
the exact number of beans in the bottle,
hence it was gambling, and the same would
hold true in the case Of the quilt.
Comfy Attorney Carleton jocosely, but
with great degree of truth, said that this
patchwork quilt had created more excite
ment in Winthrop than had the condensed
milk factory.
If the Judge grants the petition re-
ceiver will be appointed for the quilt, which
is valued at from $5 to $40. Many OF
the lawyers are already striving to attain
to the receivership; among them being At
t,rneys Southard, Choate, Leigh, Staples
and the name of Mr.. Cornish is mentioned.
If, however, the judge should decide that
guessing the number of pieces in the quilt
is gambling, then are the people who
guessed, who made the quilt. and al con-
nected with the matter liable under the
statute, the tmallest penalty for the viola-
ton being . fine of 800, one-half to the
prosecutor.
Possibly there may be an appeal
from the Judge to the law court.
Meanwhile, il there not danger
ahead for the participant in the money
making schemes of the church fair?
1t was mild disturbance that once saved
kA hnt