Daily Kennebec journal., 1905-11-01
SUPREME COURT.
Adjustment Effected in the
Automobile Case.
Suit Of Turner vs.. the F. 0.
4 Bailey Carriage Co.
Term Will Probably Last Two Weeks---lisi
Of the Traverse Jurors.

The October term of the supreme ju.
dicial court for Kennebec county, As
snc!atc Justice Luoilius A. Emery o.
Ellsworth, presiding, convened at the
court house at 10 o'clock, Tuesday
morning. Prayer was offered by the
Re- Z. G. Mnsher, pastor of the Free
Win Baptist church of Augusta.
TIE following members of the bal
were iii attendance: Charles =. Mat
tocks, Ardon w. Coon.bs, Portland
Weston Thompson, Brunswick; George
W. Field, Oakland; Charles f. Johh-
son, Dana T.. Foster, Harvey ID. Eaton
Watcrviic, Herbert NJ. Heath, Charles
l.. Andrews, ThumlS Leigh. Behedic'
+. Maher 4. NJ. Goddard, Melvin "
SaWtelle. NJ. s. Holway. Thonas D.
Lynch, Joseph Williamson, Augusta ;
George w Heseltou. o. t.. Ciasoll'
Charles A. Knight, \. c. Stiiphen' '" III
&. Atkins, Gardiner.
the tray,.rs,. Jurors are as follows:
II Il. Blake. Monmouth; Wesley Brad
Iev Vienna: :. G. Brown. Readfield;
samuel Fl. Cnaffce, Winslow; EdWaru
IT Cook Nass.Ihoro: sherman w.
Cram. Mount Vernon; {. ii. Crummett'
benton, I EdEItS l.. l'tNti'''eo'
dale: Free, Erskine. Windsor; Johh N.
Erskire, Chelsea; Edward }. FISH
I.itchfield: f. #. Foster, Rome otl" D.
Foster, Manchester; Thomas NJ roster
China. George H. Groder. WaterVliie'
Walter A. Hall. Augusta; FRANK liam
lin ,rgusta: james +. Hayes, Ran
doInh: Arthur Holt, Clinton; Nj. IL.
1Iubh,rd E'ayptte; charles Fl. LoveJoy,
sidney: A. f. Merrill. Watcrville: Lo-
r,.nzo ID. Merchant, HalloWell; ii. X.
Mitchell. Waterl lille; Roscoe f.. Pen
nev Augusta: l.. G.. Pitt, WaterVllie,
r.. :. Racklitf. Albion: +. {. Foster.
H4larade; Alfred q. Rocker Oakland; !;
Harry W Reid. Augusta; y. L.. Still
phcn, PittSton: George n. Waugh,
Winthrop: Charles a. Wadsworth, Au-
gusta.
&. II. Crummett Of Benton. Arthur
Holt of Clinton. and George II. Groder,
traverse jurors, were excused.
Roscoe T.. Penney of Augusta. was
chosen foreman of the first jury and
Edward Ii. Cook of Vassalboro, fore
man of the second jury.
The first case for trial was that of
DR.. Oliver w. Turner of Augusta. YER
sus the +. q. Bailey Carriage Company
OF Portland, and was heard before a
drawn jury of which Charles y. Wads-
worth OF Augusta, was selected as
foreman. The ad damnum iii the writ
was placed at $4,000. Benedict F. Ma
her, Esq. of Augusta, appeared as
counsel for the plaintiff and Ardon w.
Cocmbs. Esq. for the defendant.
The action was one in deceit and the
plaintiff alleges that, Feb. l, 1904, the
defendant. intending to deceive ana
def-aud the plaintiff, did Wrongfully
and deceitfully represent to the plain
tiff that one certain automobile of the
Steven-Duryea make, of great value, to
Wit, nine hundred and seventy-tive dol
lars was sound, fit and free f1om de-
fccts, und that it was of firSt-ciass con-
siruction and in lirst-class condition,
ard did for the purpose of inducing the
plaintiff to purchase the said machine,
then and there falsely, deceitfully ana
fraudulcntly assert and affirm TO the
plaintiff that the said machine was a
sound and perfect machine and did
thereby falsely. fraudulently and de-
ccitfully cause and procure and induce
the plaintiff to buy the said machine
and IN fact the plaintiff confiding and
giving credit to the said assertions and
a'ilrm2tions Of said defendant company
and believing the same to be true and
not knowing contrary thereof. did
afterwards. 10 wit, OH or about tn,
first day of February. y. ID. 1904. buy
and ;urchaS" from said defendant com
rany said ma hine.
The writ further alleges that at til,
tim, oi The said defendant company
making the said assertions and affirm
atio"& the said machine Was not
sound. fit, perfect or first -class ma
chine but was an extremely unsafe
u.iit. unsouud and defective machine
and the said defendant company wei
knew the same and made the uforesait
r"nrc-cntatiuuS falsely. knowingly ant
intending to deceive the plaintiff. an,
The i,laiutiii. ignorant of the truth nnt
relying on the repre-cntationS of sal,
defendant company. was deceived t.
his 'i;ula%e. to wit. two thousand dol
lars
\ number of witnesses. including tn,
plaintiff. testified that the machine wa:
not sound and WAS not in the condition
as WtS rrprtSo ontcd.
After part Cf the evidence for tn,
r'iln'ih had been presented Il confer
eh'e VAS he'd aud The entry no fur
thef action. for the same cause" wa:
eh'er"! or the docket
count Will convene at go o'clork
Wednesday morning.
deputy Shcrits Ira l.. Tracey n
M''unt Vernon, and Albert r. Buckli,
TtNiueo, nave been detailed IN as
s'Si High Sheriff Ham at this ter,,
onca, N'F OF Portland, is acting a.
~, S'ehosrapher at this term.
., ~ ~ lrobablc that this term win l,s
about two weeks. - ''''