Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-03-05

| rushed out and attacked the girl. No
| effort was made to pull Lion off, for
| he ceased when he was ordered. Saw
Nellie smiths eye week after the
accident and it was better.
| On cross-eXamination the witness
, told OF the various times that Nellie
had played with the dog.
Attorney Fisher asked the question
How do you remember that The
| answer, which caused laughter, was:
| How do you remember anything?''
The witness declared that the testi-
! mony of Mrs. Clough as to the dog
| jumping on Nellie Smith was false.
DR.. Ralph Goss of Litchtield testi-
fled that he found wounds in the up
| per and lower lids OF the left eye
| with no injury 10 the eyesight and he
| was not obliged TO take stitches.
j. Martin Plummcr, Jr. the son OF
| II" defendant, testified 10 having seen
the girl several times after the acct
| dent. His testimony was immaterial
with one exception, that she never
complained OF pain in her eye.
AS young Plummer was in the act OF
;cstifying upon ross-examination he
suddenly turned pale. recicd and stag
gertd forward, knocking over q glass
| OF water as he cutched the rail Of the
witness stand. Deputy Sherffs Meady
and Marshall rushed forward and car
rIed the fainting boy from the room
Ut. GOSs followed to an anta-rooln, but
returned III Il short time and stated
that the boy was merely faint from
TIE close air Of the court room and
had fully recovered. 1t was the boys
NrSt appearance in q court room and
his nerves We're at high tension.
J. Martin Plummer the defendant,
took the stand after the recess follow
ing his sons illness. His testimony
was substantially the same as the 9TH
or witnesses in behalf Of the defendant
The defendant testified that no claim
for damages was made until the sher-
III came with a writ.
Nellie Smith was called in rebuttaI
She denied being at the breakfast ia
Bile On the day following the accident,
denied that she was bending down and
that her mother was whipping her and
denied that she was not bolstered UP
when playing cards with young Mar
tin Plummer.
The case Vas given To the jury at a
few minutes before O'Clock after the
charge of Justice Peabody, which con-
Sincd 4" minutes. At $40 o'clock the
jury returned = verdict in favor of
N" plaintiff and assessed the damages
at $3.50.
HE next case on the docket and
which is scheduled for trial this morn
ing is $4,000 personal damage suit
brought by Frank Demarro of Ros-
ton vs.. Thomas Mahoney and Richard
Everett Of Hartland. Demarrio was a
laborer on the extension of the Som
erEet Railway and Mahoney and Ever
cit were the contractors on the con-
Strurtion Of the road. BY a prama turc
explosion Of dynamite caused, 50 the
plaintiff alleges, by the negligence OF
thn defendants, the plaintiff lost the
sight of both OF his eyes and broke his
arm. The al damnum in the case is
placed at 10000.
IT IS expected that the trial of the
action will consume two or three DAYS
as there are a large number of wit
and who VIII give their testimony
through an interpreter.
William II. CULVER of Portland Will
appear as counsel for the plaintiff and
Merrill & Merrill of Skowhcgan Tor the
defendants.
Court will convene at 10 o'clock this
morning.