Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-04-23

Six witnesses were sworn by the plain
tiff
The first witness was George $ Clark.
father of the plaintiff. Defendant came
To his China farm on the eighteenth DAY
of July. 1901, to see the colt. The colt hai
been recommended to the defendant as
a good one. Drove to East Nassaiboro
with the defendant to see the colt. which
wa being shod at Dole's blacksmith
shop. In presence of the plaintiff the de-
PENDANT said that he had a span of
horses. the bcs; in the city of Portland.
Defendant said the animals were matchc /
and sound: COS. 500 and could be driven
by his wife. Plaintiff said: Il have
never seen your team" Defendant re-
piled: Il warrant that the horses are
sound. matched and all right. They VIII
bring 5000 under the hammer in Boston.
Plaintiff told the defendant that the
colt owned by him (the plaintiff
had wind-puff. The colt. i'll the
opinion of the witness. at tho time that
il was delivered to the defendant, was
worth at least 800. Colt went better
than 2.io gait in "A wagon race at the
Augusta Driving Park last Fourth OF
.July dav. That was the first time that
the animal ever went a race. The c"lt
showed no signs of lamcncss while on the
farm of the witness Went to Nassai
boro station of the Maine Central Raii-
road to get the span. The freight was
not maid They were chestnutS but one
was lighter than the other. There were
no boots. one of the horses had a wob-
bling gait and there were sores on three
Ia
and tn, other eight years of age. Sh'ub'
say that when the horses arrived at inc
Nassalboro station they were not worm
more than 800. Plaintiff sold the animal
in the fail Did not work the horses very
much. one of them was high headed
the other low headed, and one was long
gated and the other short gated. One
could be driven by a woman, but the 9th
or one could not be driven by anyone UNI
less the animal was carefully matched.
ON cross examination witness testified
that he didn't claim to be an expert III
horse flesh Couldn't state which horse
,v,s thc taller as he never measured
them. Horses did not shrink in weight
100 mounds from the time Of their arrival
At the Vassalboro station Until plaintiff
disposed of them. Horses and harncssel
were sold for $3.50 and a sleigh.
At the opening OF court at the after
noon session the announcements Wa
made that one member of the panel hac
urgent business and desired to he eN'
cuScd and as it looked that the cast
would not he finished before tomorro"
afternoon. by agreement Of AttorncA
Sneldon for the plaintiff and Attornel
Merrill for the defendant the trial pro
ceeded with II men. The juryman eX
II I.s., Il lin ~ Fd nj
nusta. "A clergyman of the Christian de
nomiuation. REV. Mr.. Ward Will othcidt'
ar the funeral of MIS-. Frank Sawyer
E,rminSdale at r. NJ. Tuesday.
q s. Clark continued his teSti
mony. on cross-eXamination. VII
ness testified that his son sal'
that he would not pay any mon
on in exchanging. Defendant did no
offer TO pay the tare OF witness 10 Port
land i'm order to see the double team
Defendant was notified by the plaintli
hat the span was in bad condition.
ON "A redirect examination testified tina
he purchased the horses from the plain
tiff for Sll? .,,> nov
witness Was farmer in China. FITS
s,w defendant at Does blac ksmith sho!
~ East NassalhOro, on the eighteenth
tay of JULY, 1891. Defendant said H.
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