Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-12-05
A Verdict Of $1,000 for
Robert Cosgrove
Against Kennebec Light and
Heat Co. Returned, Saturday.
Case Of Georsiana Walsh VS.. Silas At.
kins Settled.

ii:'i',t ltta' ~ i-lSnt Co. was resumed
.:r.n,c .iu.;,ice Whitekouse in the
supreme judicial court. Saturday morn
-. The jvr: after three hours deliber-
81 III i'rtu' II. ii a Verdict in favor Of tho
plaintiff. ii! III" sum +. $l1U0. The YER
'-rt %:.: >o.'-"N hat III the nature of a
:.lrT,rise /" th'se VINO have followed
the proceedings 1T the recent trial but
is in ace o:dalce with the verdict of
the previous hearing. The jury at that
tine rtt.ir!ltd IL verdict for the plain
tiff. in the sum of $780, and the law
court later ordered a new trial. The de-
fenc" VIII appeal To the law court again
i'll the present instance. The hearing
has proved interesting throughout, as
the contention Of the counsel has been
marked. ard the many points Of law
brought forth We're Instructive.
The adjourned hearing was resumed
with the continuation of the plea
of the plaintiffs counsel, Geo. w.
Iteseit0n. The plea was a continual
ton of the line of argument pre-
scented the day before. The evidence
of the defence was generally over
hauled by Attorney Heselton, and
in the course of his argument he tended
10 prove neglect OH the part of the
defendant company in lot having the
wires sufficiently insulated to prevent
any possibility of an accident. Beside
this he repu1iated the statement of
Counsel Baker, that the plaintiff was
in anyway contributory to the occur
renee of the accident. The plea was
Sil1n1y n nf ha Of
argument showed in the evidence pre-
scented by the plaintiff during the hear
ing. 1t was very interesting from a
casual observers standpoint although
there were very few spectators present
at the opening of the hearing. possibly
owing the carly hour.
At the conclusion of the plea by At
tOrney Hcsalton. Justice Whitehouse
gave the charge to the jury. The charge
was one of those extraordinary nom
partisan arguments that is customary
With His Honor. Justice Whitehouse re-
ceived the evidence. as presented by
both counsel. showing a clear concep-
ton and insight in the vital points Of
the evidence. The charge dealt most
conclusively with the many points OF
law governing the case 1t proved
most interesting and instructive charge
at the conclusion of which the case vas
given to the jury which after three
hours Geliberaton returned Il verdict
as above stated. The jury was excused
from further duty until o'clock, Mon
day afternoon.
At the conclusion of the hearing in
4
Silas Atkins of South Gardiner,
brought by Miss Georgianna Walsh of
Augusta. for wages due. was brought
before the addition of the court. At
torney C. a. HiIdreth appeared for the
plaintiff. and c. A. Knight, assisted by
the law firm of Heath & Andrews. APP
peared for the defence.
The plaintiff in the case. Miss GeOr-
gianna Walsh, was made an orphan
through the death of one of her pa
rents. Her father. Thomas ID. Walsh.
had been a soldier during the Civil war
and rs his daughter, Miss Walsh. was
qualified to become an inmate of the
Home for Orphans at Bath. Plaintiff
went to the home and after being
at the institution for short time was
invited to become member or the
family of Mr.. and Mrs. Silas Atkins
at South Gardiner. She lived with
them for nine years, and three weeks
after the death of Mrs. Atkins, last
July, left Mr.. Atkins sheltering home.
going to her mother in Virginia. She
stayed there until eight weeks ago,
when she returned to Maine and has
been in Augusta since. This is the con-
IN hay I'M
action is brought.
Attorney Hildreth in his opening ar
gument, reviewed the main facts in the
case as above stated. The writ dealt
with the facts Of the case and the ad
damnum of $3.50. In reviewing the
case and showing a prospectus OF what
he hoped to prove in the eE-
idence to follow. Attorney Hill
dreth told that this action was
brought fer wages alleged to De
dine and had never been paid. He told
of the institution in Bath for the care
of soldiers orphan children. This insti-
tution is an entirely benevolent one.
not being a statutory organization. At
torney Hildreth claimed that one sent
from this home was in no way COM
pelled to stay at any place they might
he placed in and thus his client was en-
titled to moderate wages during tine
entire nine years of her life at Mr.. At
kins' home In closing, counsel Salo
there was no written agreement OF
wages to be received. etc. The basis
,,pon which the scale was based was
$50 each week the first year and 20
cents each succeeding year Thereafter.
During Mrs. Atkins varied spells Oh
sickness the plaintiff lays claim TO slo
= week as wages as nurse and genera
girl around the house.
The plaintiff in person. MISS
Georgiana A. Walsh. was called upon
as the first witness. Aided by nulner-
Gus questions Of counsel. Miss Walsn
told her story Of the many and varied
experiences in the Home in Bath ana
also in the donicile Of Mrs. AtKins.
She went to the home of the defendaht
i'm South Gardiner. June Is, 1888, ana
was met at the boat by MI. ATKINS.
She became an inmate Of the house
and enjoyed an era of varied expert
ence. Witness and Mrs. Atkins De.
came very friendly, getting along Wen
together but with the defendant tnere
was little loye lost. and she tried 10
leave several times. being finally per-
Sl1adad to remain at the earnest pleau-