Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-11-23
Plaintiff Wins. in Bon
Air Coal Case.
Verdict Of s116,133.33, Big
gest in County's History;
Case Goes TO Law Court on Motion
For a New Trial.

A verdict for SIG, 1888 was render
ed by the jury in the case of G. w.
Hotchkiss VS.. The Bon Air Coal & Iron
Co. at 1130 Saturday forenoon, there
by establishing new record for jury
verdicts in the county of Kennebec.
For two weeks, since Nov. 8, the at
torneyS on both sides of the case have
fought hard for their clients Not one
scintilla of evidence has been over
looked, or its bearing on the case fail
ed to be pointed out to the jury and
the court. The books of the Bon Air
CO. shipped from Nashville, Tenn, ar
rived early in the trial and We're stack
ed in the vault of the clerk Of courts,
in which place the experts summoned
by the plaintiff. gave them the most
searching scrutiny, and reported upon
their findings in elaborate statements
on the witness stand. GrlZZled coal
and iron experts. men high up in their
profession. sat during the taking of
the testimony, making notes of the
testimony Of experts on the other side,
and waited for their own opportunity to
testify Having done so their interest
in affair, did not cease. but they con-
tinued to observe closely every turn
OF the testimony and the rulings Of the
court.
The trial lacked many of the fea-
lures which add ZeSt to many of the
proceedings of court of justice. Many
of the details of the evidence We're of
a technical character of vital moment
to the parties in the case of great in
terest to iron and coal experts, but
neither understood nor appreciated by
the general public. Nevertheless there
was scarcely a time during the trial
when several spectators We're not pres
ent attracted. no doubt by the mag
nitude of the consideration involved.
The last day of the trial was I'M
c> elltful Arguments of Hon> Herbert
M. Heath for the defence and Arson
NJ. Goddard for the plaintiff, and the
| charge of Associate Justice William
Penn Whitehouse had all been made
the afternoon before. There was some
delay in gathering together the mass
of exhibits. the jury not being sent
| out until a.i5 A. NJ.
The case of Cappers VS.. Inhabitants
of the town of Windsor was begun
pending the report of the jury in the
! coal case.
When the jury came in, the usual
question and answer passed between
the clcri Of courts and the foreman of
the Jury. Then the verdict was read
the finding being for the plaintiff in the
sum Of SIG. 80, this amount beine
the 100000 which the plaintiff paid on
| his option contract of March 10, 1906
together with the interest on the con-
tract from it's date.
Attorney Heath at once moved for a
new trial. on exceptions which were
taken during the progress of the case.
| The printing of the great mass of evil
| dence will require several months, and
the case will not be in shape to be
passed upon by the law court until
July. at least.
| The case was heard before a drawn
| jury The following are the good
men and true who have the distinc-
| ton of passing upon the issue of facts
which was involved and who in view
| of the facts and the law as expounded to
them by the court, rendered the big
gest verdict ever handed up in the
county of Kennebec:
j. w. MOrrcll. foreman, aged 81, Wa
terville; +. w. Hanks. aged 40. slIs-
pender manufacturer Augusta: w. NJ.
Fitzgerald aged As. carpenter, Ran
dolph; G. Bridges, aged 50, farmer,
Oakland; G. l.. Burnham, aged II,
nurse, HalloWelI; f. A. Richardson,
aged 65, farmer, North Monmouth; j.
e. Cole. aged 40. farmer. Winslow;
c. II. Bowling. aged Al, mill foreman,