Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1903-09-14

WaterEille .ne sum OF S-uuoo 10 pay Tor
a building TOT Tree puplc library the
city coChclI VI sdiu city Noteu 10 place
said building on sald piece OF land and
Immediately thereafter a public meeting
Of all tne ieSai voters Oh sdlu city was
sentiment of the people as to placing said
building tnere ana at Stld meeting said
ceived the unanimous approval of the per
sons attending the same
Siyth-The defendants further answer.
Admit that the first nine defendants nam.
ed in plaintiffs bill of complaint have
been selected by the city council of Wa
teryile as a building committee TO locate
said public library building on said lot
and superintend the erection of said build
ING They have selected the spot where
said building is to be erected on said lot
and contracted with said Horace Purinton
and Amos L. Purinton to erect said libra
III building The lot so selected is about
ntnintiff described in her said bill and
the building proposed to be erected will
in no way interfere with the fun enjoy
ment by the plaintiff of her said dwelling
hnisc,
Seyenth-The defendants further an
sweri,,u bv way of demurrer to the plain
tins bill of complaint say that they are
informed believe ana so claim that there
IL NO statement or allegation in plaintiff $
hi Of COMPLAINT which can give this court
nny Jurisdiction or authority To grant the
relief prayer for in plaintiffs bill Of COM
nIaint All which matters of fact stated
nnd willing 10 prove MS his honora bic
"n,Irt shnlI direct ana thev humhiv nray
that they may be hence dismissed with
thrir reasonable costs
Hy s s BROWN.
Thnir Attorney.
After the reading of the petition by Mr..
Johnson and of the answer by Mr.. Brown,
the former briefly stated the petition OF
the plaintiff. lie said that in 1917 limo
thy Boutclle had been authorized by the
town to secure the interest of Abel IiOXie
in the land in question. known then as
the Temple buryinE ground. and that he
did 50. At the March meeting in 1865 the
land had been assigned to the Soldiers
Monument Association and instructions
given for the removal Of the bodies buried
there At tho bodies We're not all remov-
ed the selcctmen were later instructed to
have it dom. with the exception Of such
as relatives wished to remain. After this,
the ground had been levcled and plowcd
and The soldiers monument erected there
in 1876
Nj. johnson claimed that the buryinG
ground ana all the land now included in
the lot had been dedicated to park uses
ana that CONCENTRATIONS for its mainten-
ance bad been made almost every year
since thoo Mr. Johnson gave many ref
crcncps To the records and reports To show
that the land had always been considered
as a park and mad always been treated as
such
The house OF ms: ware, ne s Ia. naa i
been built by NJ. G. Foster in 1876. and
that he had afterwards sold 1T to mem
bers Of the Ware family. and through
them it had come down 70 MRS. Ware.
the petitioner, changing hands several
times but remaining IN the lam1lN all the
time.
recess was then taken to allow JucSe
WhitehouSe to inspect the iand and the
surroundings and the location of the libra.
~ as Stakcd out under the instructions OF
the committee. After this had been done
Mr.. johnson resumed. reading many ref
2rence$ to the lot from the records.
The remainder Of the time was devoted
% the examination of witnesses for the
plaintiff, the defendants having none,
and to the arguments. IL ID. Bates, vino
has been auditor practically all OF the
time since Waterville became city was
"X;! mined as to the expenditures made for
PARKS. Nathaniel Mcadcr. who had been
/ member of the Monument Association
md chairman of the committee appointed
10 select the monument site, Selectman
when Watcrviile was a town and ma yor
9tter it became 4 city, testified to ma
erS relating to the Monument ASSocIa-
ion and to the status of the land. Hon
'erham S. Head. a member Of the q. A..
g. and Of tho Monument Association and
cation commute, t@St,ilGa resalt'l';5 inc
SSocEi'loH "iu 'i' ''iliiiittot't
nj. G.. Foster, the builder am original
wncr of the house in question. testified
agarlng that and to the purpose "cnel7
lily accepted when inc burylnG ground
las selected as the site for the monu-
ncnt !c said thaJ whom he niiiit he I'M
'erstood that the Tot would always be
aed as q park AN for this reason located
be- house on the extreme rear of the lot.
ON the completion Of Mir. Fosters tcsti-
lony the court adjourned for dinner. In
ne afternoon the examination of wit
"sscs was resumed after Mr.. Johnson
al introduced more city records. includ-
e deeds showing Mrs. Wares title to the
property. ID. +. Foster. who has lived
IN Park street all his life: W. III. *. Alb
pott, who has been Il resident for 2S years
and who has crossed the park several
limos almost every day for some eight
ears: and G. T. Matthews. who has Aivcd
here u years, ali testified as to the care
ma use of the park.
Edward G. MeadVr. VINO has been resi-
lent :; years and who was a member of
he Monument Association. testified that
The association had never had the care
If the land but that the city had always
lone this. He understood that the whole
huryn% ground had been assigned for the
monument and park. He stated that