Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1904-03-15

ing no guard or railing about the ma
chinery at the point where Mr.. Babb
got in. No one else saw the accident.
On the part of the defence it is assert
ed, and very positive testimony was in
troduced to that effect, that no ashes
was being carried by the conveyOr on
the day of the accident, so that the ash
hopper could not have been Over-full.
1t is also contended that the several
openings through which the conveyor
descended were no larger than neces-
sary for the unobstructed operation OF
the apparatus. The theory of the de-
fence is that Mr.. Babb sat down, as he
sometimes did, on the foundation wall
at the side of the pit to warm his feet at
steam pipe which ran along the wall,
and that he either got dozy and fell or
slipped forward into the sprocket wheel
which was i'm front of him, or in rising
made mis-step and got caught.
The case was plentifully illustrated
with photographs, introduced by both
sides, of the exterior and interior of the
building, plans of the machinery, and
model measuring over two feet in its
| several dimensions of the lower part of
the building and the conveyor.
The case was given to the jury late in
the afternoon of Thursday. They re-
manned out about two hours, then sealed
their verdict, and Friday morning re-
turned verdict for the plaintiff,
S215O.OO. The case will 90 to the law
court on exceptions.
DAVIS VS.. MILTON PLANTATION.
The case of Henry Davis VS.. the In
habitants of Milton Plantation was tried
Friday. Swasey for the plaintiff, Wright
for the defendant plantation. The suit
was brought by Mr.. Davis for the pay
ment of three town orders, or strictly
plantation orders, drawn in 1898 and
1899, and amounting to $1,000. One of
these orders was drawn to Mr.. Davis
himself, and the other two, which had
been endorsed, were drawn to Dana
Bean and |. w. Andrews respectively.
1t was explained by Mr.. Davis that these
orders had become miSlaid by him and
forgotten until discovered by him early
i'm March, 1903. There was no record
that any of them had ever been paid.
The defence was on the ground that
the orders had been paid and are not
rightfully in the plaintiffs possession,
also that one of them-that drawn to
Mr. Davis-is not legal claim, having
been drawn for a purpose for which the
plantation officers had no authority to
expend money.
it was developed by the testimony
that the orders in question have some
thing OF history. 1t seems to have
been the custom in Milton for some
years, the treasury not having money to
pay all bills, to have orders put on inter
est by demanding payment, and the
orders were then held as an investment,
or passed current to some extent for the
payment of bills. In 1901 the assessors,
of which board Mr. Davis was that year
one, called in the outstanding orders
and refunded their debt by issuing
bonds in their place. In the printed re-
port at the close of the municipal year,
they gave list of outstanding orders
which had not come to light, including
the three on which this suit was
brought. They also said that they be-
lieved the missing orders had been paid,
and they did not include them in the
liabilities. Mr.. Davis did not himself
sign this report, and now says that he
ala not sanction III, though Ills coiiedS ue
on the board says he did. When Mr..
Davis produced the orders year later,
the treasurer was instructed not to pay |
them and this suit was brought.
Considerable testimony was introduce
ed relative to what the witnesses re-
membered as to what had been said and |
done about the payment of the orders,
and it tended to show somewhat con-
fused condition of affairs. The list of |
witnesses and interested parties included
quite portion of the adult male popula-
ton of Milton.
After the testimony was in, it appear
iau that the Bean and Andrews orders |
were not negotiable, and had not been
legally assigned to Davis and were not
legally collectable by him, Mr.. Swasey |
moved to strike them out of the writ, |
and Judge Strout granted the motion.
The action then remaining on the Davis |
order alone, and that having been drawn |
for bill which the plantation was not
to pay, Judge Strout ordered
a verdict for the defendant, and the case |
was closed.
CRIMINAL RIrSINESS