Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1903-02-04

Crier-if Il. SILSBY, Aurora.
Stenographer--A. II. WHITMAN, Portland.
Deputies-D. L.. FIELDS, Ellsworth; JAMES
A. HILL GoHldsboro.
Messenger-F. e. TILDEN.
The case Of Austin VS.. Washington
County Railroad Co. was begun Thursday
morning. In this action, Mary c. Fretz
Austin, of North Hancock, sought to
recover S12 900 damage from the defendant
company, on account OF forest fire " hich
| ragged on her Cuniculocus park property
| at North Hancock.
The fire occurred Septem Der /, 1900, and
lasted nine days. 1t was alleged to have
| caught from the company's locomotive.
Previous to the trial, Wednesday after
| noon, the jury had been out to view the
burned property.
| This case proved to be the most inter-
| esting one of the term.
| L. B. Deasy briefly reviewed the
circumstances of the case in his opening
| for the plaintiff, and called as the first
witness Ira B. Hagan, a surveyor, of
North Lamoine.
Mr.. Hagan testified as to the plans and
surveys of the property made by him and
as to growth, condition and value Of the
burned tract. He was recalled later on
and testified to condition of the property
several years ago when it was owned by
the Myrick Thread Co., by whom he was
then employed, and who later transferred
the property to the plaintiff.
! James w. Clark and George T. Jordan,
employees of Mrs. Austin, were called,
| nd tnId 81 bo af no
| of the burned tract.
| AN INTERESTING PLAINTIFF.
Mrs. Austin, the plaintiff. took the
stand in her own behalf, and testified as
to the occurrence of the fire and the
value of the property destroyed and the
| damage which she had suffered.
On cross examination regarding the
amount which she asked for, Mrs. Austin
made very clear explanation of the dig
astrous results of fire to woodland, and
made it apparent that she possessed
wide knowledge OF woodcraft. Her claim
| was not made on the loss of timber alone,
but also on the damage to the soil and
everything growing on the land.
| She declined to answer any questions as
to the value, per Thousand, of the timber
destroyed, stating hat she was not fami-
lar with the prices OF lumber, and that
bers was not for sale as stumpage,
although she did sell manufactured lum-
Der at her mill at Egypt stream.
Referring to the result OF forest fire,
Mira. Austin recalled the tradition by
which the Schoodic Cor burned) hills re-
ceived that name; that this part of the
coast was burned over, about 100 years
ago, and the fire ragged SO fiercely that the
natives were obliged to take to their boats
on the bay for safety.
| Mrs. Austin said that when land was
burned to this degree, it would not
again be grown to woodland inside of
100 years, and said also that, were it not
burned, it would have grown to sizeable
timber four times ia that period. Her
loss, therefore, in stumpage alone was
much greater than the value of that
destroyed.
Other witnesses who were called to
testify to the value aud amount of the
growth destroyed were Mr.. Tracy, a Ire
mont lum herman, and H. H. Young, of
| Hancock.
THE DEFENSE.
Counsel IL. M Hall, in his opening for
the defense, questioned the statement that
the railroad caused the fire and es timates
OF the value OF the property destroyed.
To estimate the value of the property
destroyed he called William r. Allen, who
made the plans and survey of the dam
aged land, which were before the court,
and who was also lum herman.
l.. ID. Foster, vino was a member of the
firm OF IL. NJ q b. Hall when that firm
carried on lumoer operations on part of
the property in question, between 1885
and 1890, was called he had also visited the
burned tract; Henry g. Miliken, who had
also cut lumber on part of the land some
years ago; W. w. Jelison, assessor and
selectman of Hancock; Henry Butler,
who had been a foreman for the Hall
concern when operati ions were carried on
on this land, and Gideon l.. JOY, who
formerly owned the property and was
familiar with it.
Charles II. Barstow, a Washing ton
County railroad locomotive engineer,
stated that he saw fire on the night be-
|
1000 feet north of the track (the wind was
mort hwest) and reported it to hesdquar-
ters from the franklin station. Mr..
Barstow aud William w. Pennell, bridge
man of the Washington County railroad,
and John Foss, former rosdmaster, who
were on the train on the day that the fire
broke out, all saw fire on the north side
of the track that day.
The taking OF testimony was finished
Thursday evening, and Friday morning
the arguments were made and the judge
gave his charge. The case went to the
jury at noon. Verdict was returned for
S775 damages. l.. b. Deasy for the plaintiff,
II. M. Hall, of Hale & Hamlin, for the
defendant.
PLAINTIFF HIS OWN LAWYER.
The case OF Pineo VS.. Puffer was tried
Friday afternoon. This was an action