Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-03-05
SUPREME COURT.
Verdict For Plaintiff In
Monmouth Dog Case.
Jury Has Case Under ConSid-
GRAFTON Forty Minutes.
Interesting Personal Damage kc'
ton Will Begin Today.

| At the opening of the supreme judi
cial court Wednesday morning Asso-
| ciate Justice Henry c. Peabody OF
Portland presiding, was begun the
| civil action of Nellie a. Smith of Mon
mouth, a minor, through her next
| friend. Lottie A. Clough VS.. j. Martin
Plummer All the parties reside in the
town OF Monmouth. Damages in the
sum of $1,000 are asked by the plaintiff
for the alleged injury to her left eye
and check at the hands of Il certain
savage dog named Lion" owned by
the defendant. W. II. Fisher Of Au-
gusta appears as counsel for the plain
tiff and Fred Emery Became Of Halo
we'll for the defendant.
The first witness called by the
plaintiff was Mrs. Lottie a. Clough
CT Monmouth. the mother of Nellie
Smith by a former marriage. Mrs.
Clough was boarding at the defendants
house in August when her husband
was haying. Lion" she said. was
quite large dog. brown and black
She did not know his pedigree.
The witness testified that Nellie
Smith was caring for the baby on tho
porch when the housekeeper came out
and said tha: Nellie was not caring
we'll for the child and slapped her
Then the dog Lion arrived, jumped
OH Nellie. grabbed her by the arm and
bit her in the eye The dog came out
when the hou%ekeeper opened the
door The accident was a great shock
to Nellie.
The cross examination by Attorney
I,>,1,prht that Mrs
Clough did not remember the day Of
the attank. she said that the children
were all afraid Of the dog and denied
that Nellie in the five days she had
been therr had played with the dog.
pleas" tloa't hurry; you make me
nervous" declared the witness at
this point.
II will try rot TO-" smiled Attorney
Beanc pleasantly.
"Wha. was the very first thing that
happened?" asked Attorney Beane.
The witness did not know other than
the dog Bit Nellie. She had q switch.
Nellie Ci; not fall down on the plat
form and the witness insisted she was
not "S.ritchlng' Nellie. The witness
declared that the houSokeeper, Miss
Brown. saw the -,holc performance.
Attorney IIcane insisted upon a di-
rect answer.
II can't 1nswe- the questions you
put to nc, they make me nervous re-
piled the witness.
on, they do replied Attorney
Beana dryly.
Nellie a. Smith, the plaintiff. took
the stand. Her story on direct exam
nation was practically the same as
that Of her mother. She said that her
eye still panied her.
Attorney Deane constantly objected
to questions trying to induce a belief
in the fear Of hydrophobia.
whether or not" asked Attorney
Fisher, the fact that the dog was
not killed caused you pain?'
1T did" replied the witness.
The crcss-examination of the Wit
ness here began. AS it proceeded At
torney i;eanc turned upon Mrs. Clough
and demanded that she keep her head
still
is that so?" said Mrs. Clougil.
Tho witness did not know how long,
after the accident she saw young Mar
tin PIummer. the son Of the defend
ant, hut was sure she wore the ban
dage on her eye two months.
Attorney Bcane in his opening for
the defence contcnded that the girl
was being beaten by the mother when
the dog rushed out