Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1905-10-17

L. Trask. Newry.
| Charles r. TruewOrthy, Porter.
John r. Watson, Hiram.
sUPERNUMERARIEs.
W. W. whitmarsh Norway.
Daniel II. Woodbury., Sweden.
After the grand jury was empaneled
Judge Powers instructed them very
clearly and succinctly regarding theil
duties. He covered all phases of theil
work, but spoke briefly, occupying less
than fifteen minutes.
immediately following the organiza
ton, five members of the traverse juries
were excused by reason Of sickness ir
their families or business requiring i'm
mediate attentiOn-L. p. Bryant OF
Greenwood, George A. Charles of Frye
burg, Ezra Morton of Rumford, w. w.
Rose of Canton, and Henry r. Smith OF
Denmark.
The docket was called, and trial list
of thirtv-fve cases was made up. This
is considerably more than the average
but Judge Powers at the outset inform,
cd the attorneys that the cases which
! they wanted tried must be assigned
early, as he could not be here after Fri
day of the second week. The orgauiza.
ton and call of the docket used up the
forenoon session, and as no case was
ready for trial, the afternoon session
/ was very short.
TRAsKS VS.. THURsTONS.
Wednesday morning work was begun
on the suit of Loren j. Trask and Elmer
Trask VS.. NJ. L. & Y. A. Thurston. This
was brought to recover balance OF
about S427 90 claimed by the plaintiffs
on numbering job in the winter OF
1902. The Thurstons had the general
contract to do the cutting on Sunday River
and Bear River for the International
Paper Co. They sublet contract to
the Trasks. who are brothers living 10
Newry and Bethel, to put about million
and half into Bull Branch of Sunday
River from lot in Riley Plantation.
Practically the amount was cut, as as
serted by the plaintiffs, according to the
contract, which was not written, but
oral. In final settlement, before the
f., lumber was driven out, the Thurstons
kept back $500 of the contract price, be-
cause of dissatisfaction with the per
Torrance of the contract. This amount
together with few charges for board OF
men and teams and other sundries out.
side the main contract, constitutes the
claim of the plaintiffs.
: The defence is that the work was not
done according to contract, in several
respects. The lumber was to be cut in
to six-foot sticks, but large quantity of
! it was not cut at all or only partly cut
through; tue cutting was not done clean
but the easiest part of the lot was cut
over; and large part of the lumber was
landed higher on the brook than was
specified, so that it was necessary to
build an additional dam in order to
float it out. In these and other de-
; partures from the conditions of the
trade, the defendants allege that they
were damaged much more than the
amount which they kept back in the set
Element.
H. II. Hastings and Judge Foster fol
plaintiffs; Bisbee e. Parker for de-
PENDANTS.
The trial Of this case occupied the
time until the middle of Thursday after
noon. The jury, after being out about
two hours, returned verdict for the
plaintiffs for S344.59. The case will &c
to the law court.
| PORTER VS.. TowLE.
A little more than an hour following
the lumber case was occupied in the tria
of the case of William II. Porter VS.. Aus
tin Towle. The parties live at Rumforo
Falls, and the case has once been tried
in the Rumford Falls Municipal court
and came to this court on appeal. II
was brought to recover $3.50, the price
of a pair of shoes made by Towle fol
Porter in 1899, which did not fit, ant
were returned by the plaintiff after be
ing paid for, as he says. There wa
some conflict Of testimony, but after th'
case had been fully heard, Judge Power
told the jury that as matter OF law, &C
cording to the plaintiffs own testimony
the shoes were not returned within
reasonable time, and he therefore order
ed a verdict for defendant; Stevenson
for plaintiff; Parker for defendant.
OLDHAM VS.. CARVER.
The case of Lowell F. Oldham vs.
James w. Carver was tried Friday fore
noon. Oldham lives on a farm at Eas
Peru, Carver in Auburn. The suit is t.
|. recover damages for an alleged assault
upon Oldham's person by Carver, on tn
S0th of August, 1904. The defendant
J accompanied by two assistants, went t
) Oldham's farm on the day named after
pair of horses. The three men too
: supper there, and it was during tn
supper that the alleged assault wa
! committed. Testimony was Introduce
by the plaintiff to show that the defend
ant was under the influence of liquor a
, the time. The defendant admits havin
dispute with the plaintiff, but denie
} having laid hand on him, the testimon
/ on this point being decidedly conflicting
Verdict for plaintiff, $3l.0O. Parker o
7 Bisbee & Parker tried the case for tn
D plaintiff, and Ludden of Cakes, Pulsife
| & Ludden, Auburn, for the defendan,
A motion for new trial has been filet
. and the case goes to the law court.
MORRILL, vs.. HEALD & LUNT.
D FRIDAY afternoon was tried the case {
Ralph II. Morrill, vs.. Heald & Lun
Both parties are grain dealers in Bucl
field. The suit is brought to recovt
the value OF one load of corn. A car
: corn was purchased by the plaintiff, an
}. on its arrival three wagon loads Of
= was delivered to the plaintiff, and ii
rest OF the car load was hauled to Il
8 mill of the defendants by arrangemeI
J. with them, either to be ground and r
" turned, or added to their stock. Plai
j. tiff's claim is that there was failure
g account for one load, and the teamste
who kept account OF the number
loads hauled, was introduced to testil
E on this point. As tending to confir
this computation was also introduce
showing that the total recorded weigl
u of the grain delivered left shortage
rs the car load almost exactly equal to Il
+ average weight Of the loads hauled. {
% their part the defendants assert th
'r each load as it was hauled was weigh,
= and the weight of 1t set down in &
y book which was introduced In evidenc
in the presence of the teamster; furthe
that the alleged error was not discovt
70 ed BY the teamster until he had had
=. conference with the plaintiff. Verdi
Rt for plaintiff, $27.83. Dyer for plainti
g; Swasey for defendants.
Although the trial list for the we