Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1895-01-03
SOMERSET COURT.
December Term, Judge A. P. WisweIl Prcsid.
ing.

Charles A. Kennedy VS.. W. NJ. and A.
c. Ladd, action for damages for libel in
publishing an article OBTAINING the
character of the plaintiff. Plaintiff claims
that in August last the defendants were
publishers and proprietors of four news
papers, the Bingham Herald, the New
Portland Sun, the Scion Times, and the
Norridgewock Gazette that almost stimuli
taneously in said August there appeared
in said four newspapt rs the following
malicious and defamatory article from
Carratunk to wit: 'Carratunk and
the Forks have been having quite scare
of late, by what was pronounced trampe.
Gardens have been robbed, cows have been
MIXED, houses broken into, cellars have
been robbed of their contents, fruit, cake
and pie Stores have been broken into
mems clothing and money taken by the
supposed tramps, but the tramps turned
out to be Mr.. Charles Kennedy, Mr.. Bert
Bean of the Forks, Mr. Rice and Mr.
Frank Spaulding of Skowhegan. The
stolen property was all found stored away
in Mr.. Charles Kennedy's house, so we
are in hopes now that our tramp scare is
at an end.
. Plaintiff says he was greatly injured in
his feelings and good name by the publ
cation of this article and claims damage
in the sum of $4,000. Plaintiff testified
to seeing the article mentioned and to-
the fact that nearly every person in the
community where he lived had spoken to
him about the article as well as many
people farther down the river, and he had
even received communications from per
sons in the West concerning the same.
On cross examination, plaintiff in an
swer to interrogatories, gave detailed ac-
count of his life, his different places of
residence and the different kinds of labor
he had performed, and admitted that Mr..
Rice and Frank Spaulding, two of the
PARTIES named in the defamatory article,
were stopping at his house during the
month of August last. Admitted that Mr..
Walton defendants counsel, visited plain
tiff and stated that defendants would make
all the reparation in their power for the
publication of the article, and that they
had already published a full retraction Of
the charges. Plaintiff also admitted that
he had heard that such retraction had
been published
Defendants claim that the four
papers in which the libeous matter ap-
peared are practically one paper, the head
ings being changed, but the printed mat
ter being identical in all; that defendants
received the matter complained of in Il
written article which they supposed came
from their Carratunk correspondent and
to be reliable; that they published full
rctraction the following week; that plain
tiff's character and reputation were not
such as to be seriously injured by the
publication; that defendants were not
acquainted with plaintiff and that all the
circumstances tend to show an absence OF
malice on the part of defendants. Defend
ants introduce record of conviction OF
plaintiff in 1890 for selling liquor.
A. S. Burke, mineral merchant at Bling
ham, testified that he traded with people
in Forks Plantation and vicinity; was
acquainted with plaintiff and knew his
General reputation and it was not good.
". B. Brown, Esq, of Hartland, taught
school in the Forks Plantation at one time
and knew Keenedy's general reputation.
Tt was not the best. Arthur q. Dlns-
more, boot and shoe dealer at Bingham,
knew Kennedy; his reputation was not
very good. Witness saw the article IN
the paper complained of, and believed
If to be true. Mr. Paris of the Forks had
known plaintiff IA years. His general
reputation was not good Witness had
heard him called a hard skid. Charles h.
York lives at the Forks, knew Kennedy,
had heard people say his reputation was
T 1t very good. Charles +. Ball OF west
Forks testified to writing items OF July
25 and August 90, but denied writing
article complained of. Several witness
on cross exs,nination by plaintiff couhssee', !
stated plaintiff was. colleefoY OF taxes in
the Forks Plantation, present year, and
had also acted as assessor Plaintiff In
rebuttal put on several witnesses tending
to show that plaintiffs general character
in this community was good. Mr. French
General trader at the Forks, and Frank
Durgin had never heard plaintiffs reputa-
ton called in question. W. ID. Clark
lumber dealer at Carratunk, and >. A.
Dinsmore of Bingham, testified to the
good reputation of plaintiff.
Eben f. Adams was granted divorce
from Sarah Adams. Cause, adultery.
Custody of minor children given to libel
liant.