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

'o"e vas ~ "fi0" cil the triple '.hOSS'
case in which Merle Clark of Chin, is
the plaintiff and James n D,vis -,
Portland is the defendant Af,a, , ,o,,-
witnesses have testified this r,o,n;,g
the arguments will be made bv Attor,
ney Merrill for the defence and ,,tn.
ney Sheldon for the plaintiff and AFTER
the charge OF Judge Hall. the ease will
be given to the jury. Court win con-
venc at 9 O'Clock.
Tie first witness at the opening of
court. Tuesday morning. was Adam
Senay of North Vassalboro. II.
testified that the pair sold the pIaintiff
WAS not matched as to color. he;cb, or
gait.
Daniel l.. Clark Of China corrobo-
rated the testimony of the prcyio,s
witness.
Ambrose Withee Of North Vassal-
boro testified that he saw tho two
horses that the plaintiff got from the
defendant. Never saw them but once
as pair but did see each separately
several times. IS neai ar witness
could iu,ic- horses We're u or Is years
OF age. Have been engaged in horse
trading for over - years. Know
something about horse flesh Thought
one was worth S65 and tEe other $40.
on cross examination witness testi-
fled that he bought horses to sell.
Father CT the plaintiff did not repre-
sent that he owned the horses.
Augustus w. Chadwick of Nassal-
boro testified that he saw horses that
plaintiff got from the defendant at the
home of plaintiffs father. Did not re-
gard them as sound or perfect horses
or we'll matched. Am acquainted with
the market value of horses. Have
bought ana sold horses for good
many years II would be hard mat
ter to sell these horses under the
hammer for S1o0 at the time that the
witness saw them.
on cross examination witness test-
fed that he did not call a horse that
interfered or was fat-footed unsound.
II a horse supposed TO be sound was
worth $500 OF $500 had a bog spawn.
crooked tail on had heaves or ether
ailments. thae would be 4 deprecia-
tion in the value.
Attorney Merrill occupied 20 minutes
ir his opening for the defense.
Six witnesses We're sworn by the ie-
Tense.
The defendant. james II. Davis, took
the stand. Is travelling salesman
for Miiliken, Tomlslson e 60. Was
not an expert in horsenesh. Met the
defendant at an East NasSalboro
blacksmith shop an the eighteenth
day of July. i9of WITNESS said to II.
II. Lee of Augusta: Il am going to
buy that horse" Lee replied: Look
out for the old man Clark as he is a
terrible liar" or words to that effect.
Father of plaintiff said that the colt
owned by the plaintiff was safe and
sound and fit for a woman 10 drive.
Witness told plaiptiff's father that as
far as he knew the span of horses was
as good looking pair as there was IN
the city Of Portland. Had owned the
horses about four months. Drove
horses in Portland and its suburbs.
Neither horse took on lameness. One
Of them "interfered" behind as ne
told the father of the plaintiff. Father
of the plaintiff said that he didn't
have time to go to Portland. Witness
replied: Il don't do business that way.
Father of plaintiff replied: Il like your
anpearance and | guess your horses
are all right" Conversation al the
blacksmith shop was with the father
of the plaintiff \ wind puff was on
one of the hind legs. Did not tell the
plaintiff or his father that the horses
would be shipped In palace car.
Did not say that he was wealthy ana
did not care for few hundred dollars
Cot II. II. Lee to drive the horse to
Gardiner because he was frightened.
Horse stumbled between Augusta ana
Gardiner and two or three times ne
tween Gardiner and brunswick Hol SO
was lame from the time that witness
left Gardiner until Brunswick was
reached. Heard the animal make a
whistlIng sound. Horse was pretty
well tired out when Brunswick was
reached. Do not know enough about
horses to Judge of their market value
Paid s275 for the span. Never made
statement that the horses would
bring 5000 or 500 under the hammer in