Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-04-23
TRIPLE "noss" CASE
IContinued from page 81

wanted to trade and said that he would
warrant that the horses Of the span were
sound. In the opinion of the witness $500
would be Sair market tn value Tor a te w wo
ranted by the defendant o These horses
are not worth over 500 Defendant
agreed to pay the freight but didn /
Horses were not matched in color. size,
gait or movement. Neither morse was
safe for woman to drive. Wrote to the
defendant three days after he received
the horses from Portland.
On cross-cxamination witness testified
that he was asked by the defendant
whether or not the colt owned by the
witno rs was sound except puts. Did not
undualifiedly say that the colt was an
right with the exception of wind puffs
Did not warrant The colt as being in first
class condition. Neither one of the spar
could so over eight miles an hour. 1t
was the opinion of the witness that the
colt trottcd at a 30 clip in the road race
at the Augusta Driving Park last Fourth
of July Didn't know that the colt was
lame. The animal never went lame while
il was owned by the witness.
At the close of recess Harry III. Lee
of Augusta. was the first witness Saw
the colt sold by the plaintiff to the de-
PENDANT in one of the Augusta livery sta
bles. Looked over tine animal and found
no thoroughpins. Drove colt from Angus
ia to Gardiner. Met electric cars but thl
colt was not frightened. Colt was good
moving one. the best that witness ever
drove. Is as good "A driving horse as any
man wants. Was not lame in forward
ankle. If animal had thoroughpin oil
bog SPAWN he would walk lame. HorS'
day that the defendant purchased it from
the plaintiff. N 1859 the colt was in thu
stable of the witness for four week.;
Colt was one of the contestants in 8
wagon race at IL meeting held at the .Au
gusta Driving Park. last Fourth of July
The animal showed that he was speedy
and went at a ~ emp on me s.rS ire, re-.
defendant on the day of the purchase %
the colt the defendant did not say thu;
the animal had spavins and the defend
ant expressed himself as much please,
with the purchase. Colt would haul
man four miles in IL minutes. Didn
think that the colt weighed 1890 pounds.
on cross-cxamination witness testiheE
that he didn't tell the defendant that tn
colt had bog SPAWN. Drove the hors
to Gardiner at the request OF the de
PENDANT.
Alva L. Doc. an East Vassalboro black
smith, testified that on the eighteenth
day of last July. the plaintiff. his fathe
and the defendant were at his shop. De
PENDANT said he wanted to get rid of hi
pair and desired a large horse. Defend
ant spoke very highly of his span, sal,
Shod the colt number of times am
never noticed that it had hcaves or an,
other diseases. The two horses that tn
defendant exchanged for the colt wor
not matched ono of them was a star
gazer. the other kept looking at tn
ground, acting as if he was afraid Q
alike but one was a trifle shaded.
Alec G. Bassett of China. testified tina
he saw the horses purchased by plaintiff
from the defendant. They were not wei
matched. Colt formerly owned by I'll
plaintiff was a good one and never say
it exhibit any lameness and was sound
In opinion of the witness the colt wa
worth $500.
ON cross-cXamination witness tcstiic
that if the colt had bog SPAWN OF
crooked tail the value would be Yer,
much reduced.
Robert Ferran a North Vassalhor
blacksmith. testified that he had sho
the colt and never noticed anythln:
wrong with 1t. Saw the span repeated
but if they were together should not Sd,
that they were matched pair.
On crOss-eXamination witness teS'iflc'
that he never noticed the two horscs o
= the span only when they were in hi
shop.
been concluded at the time of adjourn
ment until $50 o'clock this morning. I'll
trial will probably take up the whole 0
TODAY.