Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1903-04-25

W. S. CHOATE, Clerk.
THOMAS LEIGH, County Attorney.
FRANK j. HAM, Sheriff
FRED w. LEE, StenograDher
Augusta, April "a.
In the superior court, Friday. was
heard the case of John o. E. Johnson of
Boston, Mass, against Leslie w. Fol-
som of Augusta. 1t is an action i'm re-
plevin wherein the plaintiff seeks to
obtain possession under his writ OF a
stallion, called Sun Pointer, who was
sired by Star Pointer, who holds the
worlds pacing record of .1.59A.
The writ is dated, March 20, 1902,
and was served on that day. This
action is to determine whether or not
the plaintiff has a title to the horse
and in connection with this the Dues
ton of lien on the animal by the de-
PENDANT arises.
The plaintiff, johnson, was mot in
court. The principal witness for the
Iplaintiffs side was Harry w. Barrett,
a Boston merchant He testified that
Sept. q, 1900, he conveyed the horse
to the plaintiff at Boston by a bill of
sale for 81 and other valuable consid-
Grafton, but admitted that the trans
action amounted to gift. 1t also APP
peared from he testimony that, April
of the defendant to board and train
and at the time of the sale the horse
was still in the defendants possession.
He further stated that, July 81, 1899,
he demanded the horse from the de-
PENDANT, but that the defendant refused
to surrender him on the ground that
he had a lien on him in the sum of
$300.96, and that after that date he
never paid the defendant anything on
account of the horse.
The plaintiff introduced a certain
record of a former trial in the superior
court of Suffolk county, Massac husetts.
wherein it appeared that decision was
rendered after the date of the alleged
sale in favor of both Johnson and Bar
rett and that it was decided at this
trial that from about March 16, 1900
to about March 1, 1901, that nothing
was due the defendant Folsom. Ger
tain record evidence was introduced by
the plaintiff from a former trial in the
superior court of Cumberland county
wherein it appeared that, May a. 1901,
the defendant, Folsom alleged to have
sold at an auction sale in Boston the
horse for the enforcement of his lien
for board from March /, 1901, for the
sum of 1913.
The defence claimed that from March
1G. 1900, to March 20, 1902 that neither
Johnson or Barrett had ever paid the
defendant anything for the board or
care of the horse, also that neither
Johnson or Barrett had ever demanded
tha borco 61IrioC that TINA
The defence further claimed that a
judgment was recovered for $300.96 as
the amount due from April 1, 1897, to
March 16, 1900, and that this amount
with costs was paid after the date of
the writ and that by reason of this
verdict and the expenses in the mean
time that the defendant had on the
date of the writ lien on the horse
which barred the right of the plaintiff
to recover in the action. The defendant
also claimed that the plaintiff, Johnson,
did not have a legal title to the horse
and that he could not recover on this
account The defence introduced the
record in the case in which the YER
dict was rendered. The defendant was
on the stand at the adjournment of
court. Friday morning.
Williamson e Burleigh of Augusta.
Boston appear for the plaintiff. and
Sheldon & Sawtelle and Benedict F.
Maher. Esq, of Augusta, for the de-
PENDANT.
This is the seventh trial of the case.
The horse is at present in the pos
session of the defendant, Mr.. Folsom.