Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-11-21
SUPREME COURT.
Big Coal Case Goes to
Jury This Morning.
Amount Involved the Largest
In >Gounty's History.
Trial Has Occupied the Court For
Two Weeks, Beginning Nov. 8.

The case of c. w. Hotchkiss of Chi
cago VS.. the Bon Air Coal and Iron Co.
of Nashville, Tenn, which is being
tried in this State because the corpora
ton was organized under the Maine
general law, will go to the jury this
morning. after being on trial for two
weeks, the case having opened Mon
day morning, Nov. 8.
AS has been several times rehearsed
in these columns, the plaintiff, Mr..
sum of 100000 for an option contract
preparatory to the purchase of the
Bon Air coal mining property at the
price of $1,000 900, the option contract
to hold until March /. 1907 The plain
tiff subscribed for $3.50, 900 worth Of
the company's bonds. Later, he rescnd-
ed his bond subscription, reserVing the
right to state his reasons later. and
following this action. rescinded his OPP
ton contract also, claiming mfsrepre-
sentation and fraud.
During the progress of the case Of
10 days actual sitting of court, with
several evening sessions, the whole his
tory of the transaction has been
threshed out, much of the testimony
being Of a technical character.
For the plaintiff the case has been
conducted by A. M. Goddard of this
city, assisted by representatives Of the
Chicago law firm of Page, Crawford &
TuSko; the case for the defence has
been carried on by Herbert NJ Heath,
assisted by T. M. Steger of Nashville,
Tenn.
Court came in at 9.15 A. NJ, and j.
M. Overton, vice president of the Bon
All Coal and Iron Co, was recalled by
Attorney A. NJ. Goddard in re-cross-
examination. Mr.. Overton was uues-
toned regarding the maps in evidence.
Questioned by Attorney Heath th.
witness stated that a report made by
Expert Wiley had been favorable as
to the coking qualities of Lantana cool.
I'VE rest here announced Mr.. Heath
at $40.
In rebuttal, Mr. Goddard called the
| plaintiff, G. w. Hotchkiss, to the stand
| The plaintiff testified that when he
| first met Mr.. Overton and his associ-
ates he told, them that he was a civil
| engineer, and president of the Chicago
Indiana d Southern Ry Il told then
| specially that | was not a coal expert :
| said the witness. -,
| Witness had never seen a map Which
=! las in evidence until it had been shown
| lim in the Office of the kennebcc coun-
clerk of courts in Augusta
| Did you ever examine the books OF
| The company at the companys office?
| Never, ana | wouldn't have known
| anything about them if | had"
| Were YOU the first one 10 Suggest
| the purchase of the North American
md Steser lands?"
NO, sir, | WAS not; | always thought
he properties All went together with
the Bon Air properties"
Neil Robinson, coal and iron expert
vas called in rebuttal by the plain
lifts attorney. He was shown the IN
ted States Geological map of the Bon
Air section. He identified several
points on the map.
Mr.. Potter was recalled He was
With the plaintiff during trip to the
rOpcHtE ana t. the offices Of tho com
ANY. and also at conference at the
Waldorf Astoria in Now York in Jan
W6. The witness never personally
"oh amy samples from the property
kept on the occasion of the special
IKE test in the fan OF 1906 The NORTH
american and Stcger properties were
ut spoken Of in the early interviews
Mr.. PaDke was recalled and testified
nat from the books of the company
re first shipments of coke were made
the Bon Ar Co in October, 1895
he first shipment of the coke for sale
as made IAN. ), 1906
The testimony was closed at l0.4
\. NJ
A few minutes We're taken 10 in the
consideration of several exhibits. :hcr
II o'clock. Hon. Herbert NJ. Heath
cyan his argument for the defense
&c talked two hours until O'Clock.
hortly after which time court was ad-
burned.
Following the arguments Of counsel.
associate Justice William Penn White
ouse began the charge to the Jury at
50 p. NJ. At 6 P NJ, the charge having.
cen delivered, court was adjourned
nth 9.15 this morning, when the jury
i'll retire to deliberate on the case
The amount involved in this case.
10000, is the biggest consideration
yer placed in the hands of Kennt-
&c county jury to decide, and as, from
lie very nature of the case, the plain
IF must recover the whole amount of
100000 or nothing, the full value of the
)nsideration involved will be within
re gift of the jury when the case is
laced in their hands today