The Republican journal., 1896-01-02
Baird Beaten.
SARGENT GRANITE co. WIN THEIR CASE, AMI
GET JUDGMENT FOR $50 600.
rcpoo;ol 70 tho Ranpor Daily News

SARGENT GRANITE CO. WIN THEIR CASE, AND
GET JUDGMENT FOR $3.50 0O0
Especial to the Bangor Daily News.l
New YORK, Dec. q. An important case
of litigation and one that has attracted much
attention in Maine has been settled by de-
cision lust received from Judge Henry r.
Beekman of the New York Supreme Court,
in the long and bitterly contested action of
Francis L. Sargent VS.. Matthew Baird or,
as the case was docketed, Peter B. Olney,
receiver of Sargent Granite Co., VS.. Matthew
Baird and Wm. P. Baird. The decision is a
sweeping one, entirely in favor of the plain
tiffs, setting aside a number of previous de-
cisions and awarding judgment against the
Bairds of some S15O,O0O, a large portion of
which is secured by bonds.
The history OF this remarkable case IN
brief is as follows:
In 1889 stock company was organized to
engage i'll the business of quarrying and the
Manufacture of stone, by Francis L. Sargent
and Other New York parties, Mr.. Sargent
holding half of the stock. A piece of land in
the town of Frankfort, Me, Oh what is
known as Mt. Heagan, was leased for 10
wears of the owners, F. W. and +. l.. Good
WIN of Bangor This land was entirely un-
m proved and Mr.. Sargent, las superintendent,
took possession and established the neces-
siary hujidings, derrcks, railroad, Wharf,
etc, and the plant was put in active opera
organization of the company was; f. L.
Sargent If New York, president; Matthew
Baird of New York, treasurer; W. o. Sar-
gent of Belfast, W. j. Clark, Matthew Baird,
f. T. Sargent and H. S. Luce, all of New
York, directors. Baird soon bought out all
the stockholders except f. I. Sargent, the
stock then being owned equally between
them.
In 1892 Baird set about the scheme by
which he evidently expected to make
grand scoop of the whole outfit. The quar-
ry doing a fine business and making
money fast under the charge of Mr. Sargent
In october of that year Baird called a meet
ing of the company in New York. Mr.. Sar-
gent was not present, as he was advised as
to the illegality of the proceeding. Baird
had it all his own way and made up slate
to suit himself. He elected himself presi-
dent, his book-keep II, W. j. Clark, treasur-
er, and placed upon the board of directors
his boss hoster, G. S. Harrington and
foreman of a paving gang, w. IL. keyes.
This gave him a good working majority
After the regular meeting directors meet
ing was held and the company voted 10
give Baird bill of sale of all the property
Jwned, which was done.
The next step was to oust Mr.. Sargent
and in order to do this the Goodwlns, own rs
Of the quarry site, We're induced to cancel
the lease given to the Sargent Granite Co.
and to make a new one to Matthew Baird,
fitISotldilN MI SdlStub bIleI lopIlol CS
direction of his counsel and succeeded in
having a receiver appoin ed, Hon. Peter b.
Olney of New York, brother of the Secre-
tary of State and we'll known as the prose-
cutting attorney in the great Tweed ring
case. He then brought suit to recover, re-
tanning as counsel George Carleton Com
stock, an attorney Of considerable note of
New York.
The litigation has been long drawn out
with hearings trials and appeals innumer-
able, one sensational phase being judg-
ment recorded in the W aldo county court
of S149 900 in favor of Baird.
THE DECISION.
The decision from Judge Beellman is a
voumnous and exhaustive review of the
case resulting i'll the following findings:
That the Judgment of S149,0oo obtained in
January. 1898, at Belfast so obtained by col
lusion between NJ. Baird and VIM J. Chase, tile
treasurer, who came from New ERIK TO Belfast
that the papers might be served ON him, and is
null and void.
'.!::., US .:o',i..~-.s s.t, =. -. =. i .,
and f /. Goodwin 10 Matthew Baird is null and
void and that the original lease to the Sargent
Granite CO. holds good.
That all transfers of property maae by any Of
ticers ot the Sargent Granite Go. tU Mr. Baird
We're ans are Illegal and are SET aS IL.
THAT Matthew Baird and his son. WIN. T. BaIr1
i'll Whose u.tue all business has been transacted
by Mr. Baird since the beginning o! thiS suit and
who was made party this suit VII i his father
are eactt responsible for nj damage resulting and
for ali prtlg'rty which they have shipped taken
away from the Qnafrits since October. 1892. and
which they must account for tue receiver uf
the Sargent Granite Co., PETE b, Oiney,
After tie Bairds had got possesslon of the
quarry, they continued tile business. II is
estimated that the stot X then On hand, the
amount shipped and the amount of stock
now ON hand will aggregate nearly Sl50,00o.
About $50, 900 worth of paving Is now plied
up at the quarry.
A referee IS appointed to award damages,
etc, and wind up the affairs of the company.
The Bairds Were put under $4,000 bonds,
and there is no doubt but that the Sargents
Will recover d considerable proportion of the
award, thus scoring full and complete vic
tory in the case.
Mr.. Sargent moved his family from New
York to the quarry when he took possession
and since has become resident of Bucks
port
The big suit has developed several side is
sues. In October last Judge VIM. 2. White
house decided the case of Baird vs. Oak
smith, a suit to recover damages on land adj
jacent to the quarry, the property of Mrs.
Oaksmith but claimed by Baird as the prop
erty of the Sargent Granite Co. suit IS
now pending, Oaksmith vs. Baird, for rental
and damage of land the property of the
plaintiff but occupied and used by the de-
fendant. 0. F. Fellows, ESQ, OF Bucksport
is counsel for Mrs. 0 iksmlth.
Attorney G. Frank Hartman formerly of
Belfast has brought suit against the Bards
for 81 800 counsel fees. Mr., Hartman was
retained by the Bairtls at the beginning of
the litigation, and afterwards discharged.