Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-12-08

sounds, to the amusement OF the court
attendants. Witness said mortgage wa
drawn up and signed on Dec. 81. 1896
according to witness.
In cross-eXamination by Attorney
Heselton witness stated that it was the
express understanding between the in
terested parties to the mortgage. tina,
the property of Mr.. Rich was to wine
out all personal Indebtedness. in case
OF the necessity of foreclosure. In
drawing up these papers this important
iact was left out. and in response to a
question of Attorney Heselton why
tH1s had not been expressly stated in
the mortgage, witness replied that at
the tlme, in the furry of making these
papers 1t was temporarily forgotten
Inc witness was subject to long
cioss-eAdmlnatlon, in regard to the
"ra"lhs or the will, etc, but the testi-
mony remained intact and the mater
iality unchanged to the end. The wit
ness proved one Of the most interesting
placed on the stand during this session
Of the court, and the skill with which
the witness parted the cross fire of in
terrogatives of the plaintiff counsel
vas extremely interesting. Witness was
or the stand for an hour and forty
minutes after which court took a short
recess.
At the resuming of the hearing the
plaintiff witnesses were sworn and
George E. Bradstreat called upon TO
testify. Witness is Il contractor by
trade. and has been at times engaged
in the construction Of ice houses.
The testimony of witness in regard to
the value of the ice house owned by
capt. Rich was objected to by Attorney
Heath or the ground that the testi-
nOny was immaterial as evidence and
only tended to influence the decision of
the jury. and was so decided by JUS
ii re WhitehoNse.
estate dealer was called upon to testi-
~ to the buying Of wood lot Of the
Dingley heirs. Opposing counsel object
eI and witness testimony consequently
vent no further than the stating of his
residence and business.
William s. Grant the next witness, is
a resident of Farmingdale. He pur-
chased land ot the Dingley estate Civ
ing a full detailed report of the trans
action.
H. w. Norton, bookkeeper living in
Hallowell. testified to being previously
employed by Capt Rich as timekeeper
at the Rich ice houses Here picture
of the buildings We're introduced and
identified by the witness. Witness told
Of the capacity and of the contents of
the houses at various Periods of time
during his engagement at the houses.
Richard w. Rich Of Worcester, Mass,
signature and that Of Abraham Rich,
on several documents. These We're pap
"fS directly connected with the bust
ness OF the Consolidated Ice Co Mr.
Rich signed these papers merely as a
witness and not as a principle.
The counsel for the plaintiff here in
trnduccd another batch of document S
and letters which passed between Ding
ley Bros. and Capt. Rich in the course
of their business relations. The purport
- the letters tended TO show the pros
pect for the ensuing ice harvests and
the costs of shipping the same. While
important in the way of evidence it
proved somewhat dry matter to the
casual observer, covering over an hour
and 30 minutes time.
The hearing was adjourned at 5.45
until $50 CLOCK. this morning. The case
will be finished. today, and close the
docket. Justice WhitehOuse leaving, to-
morrow. for Bath where he has an i'm
pOTtant equity hearing