Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-04-24

NJ the afternoon session the tefenda nj
Was oross-eXanii2cd by a tcrncy She.,lon,
Witness test iied that nc received "A wan.
m from ii. IL. Lee before IL. went IA
look at the horse. GncreI To nav ex-
pcnses of The plaintiff $ father 10 port
land to see the horses owned Lv the vii
ness. Ilaihtiii fatl.er said the colt was
not afraid of the cars. Cclt strmpie 1
twice coming from Nassalboro 10 Auens
IA. Made no remark to Lee thai thl VII
ness ,iad me bcst horse IN the country.
Colt hmpcd coming from NasslIhnrn
Never received any letter from Iha min
tiff after The delivery of the sDan. Ware
no effort TO rescind the contract when h..
found out the defects of the coli W.
not siueaier One of the lo,scs ar
the span interfered.' Tcok horse r.
blacksmith shop and had him shod. ,rher,
was no interference after that time nv
the animal. Horses were wei n,tcbt
as to color. action and size
Alexander Hope OF Portland testified.
IN l"o stayed at the defendants house.
Iook care OF horses. Span was driven
every day from - to % miles Ncithar
horse ever Went lame. One OF the horsC.
'intcriered. Witness took tile animal n
a blacksmith shop. The horses yvrr,. fro.
ana easy going Have knowledge Of the
value Of horses and often have been q m
ed to act as an appraiser Of horses
Should say the span was worth s,11
Horse began 70 whistle on the way from
check rein and went lame. Since the DE-.
PENDANT got colt from the plaintiff witness,
did not drive the cot haif Il dozen ti,nes
when ii didnt 80 lame. The colt wa :
also chronic StumDier. In opinion of
the witness 900 would be Il high price for
the animal. Colt broke check rein 81
witness had check rein made to order
by Portland harness maker
on cros3-cXamina don witnoss testified
that he refused to allow the father OF
the plaintiff and a Mr. Estes TO see tn ,
colt
Frederick Gage, veterinary surgeon.
testified that he was called to attend The
horse which the defendant got from tn
plaintiff on Thanksgiving Day. 1gJl. Pus
was DISCHARGED from the nostrils ana
glands Of the throat wera enlarged. That
condition Of the throat caused what Is;
known IS rearing or 'whstling.
Should say that the horse wa. lame for
ward by spraincd ankle. which. was i'm
properly treated. Have been called in
consultation in buying horse. for the city
Of Portland. Know market value OF
horses. Would say thar HE colt was val
ucd At 500 or sl2J.
on crosse vi IMITATION witness testified
that n" defendant did not call the attcn-
tion "i the witness 10 any bog SPAWN.
Attorney Sheldon objected to aliowin.
the veterinary surgeon IL testify. ella m :
ing that there WAS no documentary PROOF
q mis- helms reputable surgeon. Judgc
Han "Nrrru'ed tn. objection.
J. !. small Of Portland testified that
n" believed mat TIC horses Of the span
were sound.
Alfred " Goudy II Portland ties fled
that i was good matched pair and as
good looking outfit a there was in the
city Of Portland. would say that 500
was q fair market value for the span that
The plaintiff got from the defendant at
the time Of the transfer. Would say tnat
S1D Mas 1air market value FOR tie colt
which the defendant got from the plain
tiff. HAY. seen the colt stumble and
whistle" Tie col, was ba ky ana awk-
ward.
on examination witness testified
that one II the span WAS q trine awk