Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-11-05
Session Opens
"Wednesday Morning.
Water District Case Goes to
The Law Court.
Big Coal Corporation Case Will
Open On Monday Next.

| bee county supreme court Tor TN
Octo ber form, opened at the count
court house in this city, Wednesda
morning, Associate Justice William
| Penn Whitehouse presiding.
The opening prayer was offered b.
Rev. Edwin NJ. SlocOm5o IF the Uni
tartan church Of Augusta.
| The following are the officers of TIL
court:
| JudSe-ASSociate Justice William
| Penn Whitehouse, Augusta.
| Clerk-Charles w. Jones, Augusta.
Sheriff-Frederick W. Plaisted, Au
gusta
| Deputies-Charles .. Morrill,, Read
| field; Adolphus S. Cyr, Augusta
Frank II. Marshall Farmingdale.
Chaplan-Rev. Edwin NJ. SiocomDe
| Augusta.
Stenographer-J. Stanley Estes.
First traverse jury--John NJ. Gates
Nassalboro, foreman; John T.. Barnes
Watervile; L. A. Bartlett Belgrade
Grey B. Berry. Winthrop; Frank 0
Bradstreet. Gardiner; Chester Bridges
Oakland; Joseph c. Brown, Benton
Charles l.. Burnham. Hallowell Marx
T3.Clafiin, Waterville; Joseph B. Cole
Winslow: Placid Couillard. Augusta
Charles E. Bowling, Augusta.
Second traverse jury-R. w. Gerald
Clinton, foreman; William E. Fitz-
gerald. Randolph; George M. Foster
Winthropa Edwin Geyer, Chelsea;
Fred S. Grover. Hallowell; Eden S.
Hanks, Augusta: Charles A. Houghton.
Sidney; Josiah w. Morrill,, Waterville;
j. H. Mosher, China; E. A. Richardson.
Monmouth; Judson l.. Robbins, Au-
gusta; Arthur n. Soule, Augusta.
Supernumeraries-F A. Stephens.
Waterville Frank +. Wakefield West
Gardiner; Haines d. Wells, Gardiner;
L. ]. Wilson, Oakland.
John H. Burleigh of Waterville and
William f. Maxey of Gardiner We're
excused.
Of the cases on the trial list for
Wednesday. No. 1872, Chute ct al, vs.
Nadeau. Manson & Colldge, c. F.
Johnson, was defaulted; No 1877
Towle VS. Myers. r. f. Brown and w
c. Philb"ook, c. +. Johnson, was
entered neither party, no further ac'
tom" No 1SS, Towle vs.. Myers, F. E
Brown and Philbrook. Johnson
neither party, no further action
The trial of the case No. 1T,
Lancaster trustee, vs.. Augusta Water
Andrews was commenced before the
first jury.
This was an action to recover land
taken by the Augusta Water district
at its dam at Carleton pond, in which
the defendant filed disclaimer under
general issue. The plaintiffs evidence
was, in effect the proving of the
ownership of the land in question. and
the establishment of the fact that the
property had never been conveyed b!
the plaintiff to any other party Oh
parties. The defendant claimed that
the land had been seized under TIL
necessity OF reaching the dam then in
process of construction at Carleton
pond, four seizures having been filed
with the register of deeds for Kenne-
bee County. The plaintiff objected tC
the admission as evidence of the plans
which had been filed at the registry OF
deeds.
Attorney Heath put stephen S. Ian
caster. husband Of the plaintiff. Mrs
Mary I. Lancaster. on the stand, as q
witness for the defense. Following his
testimony. the court admitted the
maps as evidence, the plaintiff filing
exceptions.
There being no questions of fact for
the consideration of the jury. afte'
several motions by the plaintiff for
verdict on various grounds had been
oTer,ulcd and exceptions taken, by or
der of the court the jury returned the
following verdict.
The jury finds that the defendant die
disseize the plaintiff Of the fee in the
land described in her writ. and not dis
claimed by the defendant, but find that
she holds the fee in said land subject tc
the easement therein in favor of the
defendant, and the right to the actual
possession thereof created by the TAX
ing of the defendant under the right Of
eminent domain as set forth in its brief
statement Of defense"
The case will go to the law court on
exceptions.
The cases on the trial list for today
are the following:
105-Wood VS.. Gardiner Water Pow
err Co.; H. Z. Foster, N. L. Bassett.
1l'-'ouio w. reils, e'ii' AZ
kins.
-Tibbetts VS.. Baker, Admir-; john
son. A. Simmons.
12S-Johnson, Admir-, VS. Gage: John
sen. Philbrook.
The case of Hotchkiss VS.. Bon Air
Coal & Iron Co.; Page. Crawford &
Tusko and A. M. Goddard; r. M. Steg
er and Heath & Andrews, promises to
be about the biggest civil case that has
been tried for many a day in Kenne
bee county, involving the title to hun
dreds of acres of coal lands. The case
will probably occupy week in trial,
and it is unofticially reported that read
ing the dispositions alone will take the
attention of the court for two days at
least.