Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-02-04

| NO one present WIS llloAlcdteu. 1N'u''u'7
described the method of loading the
| hogs. as has been recited by Sturg!S.
! The balance of Is hogs We're driven in
| to the cart on top OF the big hog. Dld
not notice the hog was dead until
| he had backed up to the cart at All
gusta ready to unload. Then hauled
| the hog back 10 the farm and buried
| it.
Albert Burke, Augusta. in 1906
worked for Sturgis in his livery stable
and drove kilby to the farm the day
the hogs were loaded. Witness stated
that Sturgis appeared sober, as we'll
as Rounds Witness said the hogs
were loaded as described by other
witnesses.
F. +. Walker Augusta was called
and testified that he is farmer, etc:
Handles livestock at times. Says 1t
is not safe to load hog in the way
described by the other witnesses.
Cross-eXamined said he should use
block with the rope fastened about
the hogs foreshoulders. Had pulled
them in with the rope about their hind
legs and they had died in consequence
DR. Chester o. Blakeley. Augusta,
veterinarian, thinks hogs death
was caused by pulling him in in the
way described or b. the other hogs
trampling on him.
Mr.. Sturgis was recalled to the stand
and testified that he has never loaded
any hogs himself; that a man at Riv-
erside had killed his hogs for him.
James E. Mcclure, Augusta. farmer.
said the proper way to load a heavy
hog is with a box. Put the hog into
a box and put the box in the wagon.
Thinks a 700 pound hog could be load
ed this way without danger. Does not
think the hog in question was loaded
in a proper and prudent manner.
Thinks he has loaded 5000 hogs in past
80 years.
The Court: How many square feet
would it require for a hog weighing
$50 pounds in cart?"
II should say a foot and half, on
the bottom of the cart about 3 feet by
l foot"
The plaintiff rested its case at this
point.
A. 3. kilby, defendant claims that
he saw Sturgis at his stable in Angus
ia and made a contract to take a GER
tain number of hogs at 514 cents per
pound and the big porker at AZ cents.
live weight, all delivered alive at Au-
gusta. The claim of the defense is
that the contract was not performed.
Klby, told the story of calling on
Sturgis and inquiring his price for the
hogs. Said he would give SIC per
pound for the Is hogs and 4ii4c for the
large hog kilby stated he had got to
have the hogs Saturday. There was
some kind of r mix up on teams and
Sturgis finally agreed to get the hogs
down Monday. Went up to the farm
Monday and asked why the hogs had
not been delivered. Sturgis replied
that the big hog had been placed In
the cart but that he had jumped out.
Witness said he told Sturgis he had
his best clothes on. but that he would
do anything to help load the hog.
Claims that Sturgis was a little SICK.
All suggested different plans for load
ing the hog and finally one of the men
went ana got a tackle. though 1t was
not suggested by Kilby. Took fright
around an hour" to load the hogs. IL
was right around II o'clock that the
hogs were loaded.
On cross examination said he paid
about 1852 or right around that figure,
for the hogs in question. Monday
started for the Sturgis farm about $50
and found Sturgis in bed. None Of the
hogs were loaded. Loaded the largo
hog first Tho bottom of the pen was
within two feet Of the level Of the cart.
First tried to load the hog by using
tackle Mr.. Sturgis suggested using
the tackle and horse.
At the opening Of the afternoon ses-
sion Mr. Kilby was recalled to the
stand and was asked who took him 10
the farm on the day that the hogs were
loaded. This question was objected to
by counsel for the plaintiff. He was
then asked what Burke said about be-
ing employed by Sturgis and he replied
that Burke said that he must hurry
back. Witness stated that he paid 50
for the trip out to the farm. He said
that he thought the weight Of the big
hog might be 600 pounds. and also
stated that he had bought between
COO and 700 hogs since he has been in
the business.
Cyrus Ellis, n butcher Of Augusta
was called and testified that he was
in the room with Sturgis at the time
the trade was made. He said that Kill
BY asked Sturgis if he had any hogs
to sell and Sturgis replied that he had
kilby then remarked that he would
take them if he could have them de-
livered right away and also named the
price he would pay for the hogs Wit
ness was also present when Kilby went
up to the farm after the hogs on the
Monday mentioned in the testimony
and said that that night, after all was
done that Kilby paid Burke 81 for the
trip.
Alden Sturgis. son of Charles Stur-
gis, testified that Kilby seemed to be
in charge of the loading of the hogs
and that he frequently swore at the
Frenchrnan. Barney, who was trying to
tie the hogs.
The testimony ceased at this point
and the jury retired to consider the
merits of the case, after the arguments
by counsel and the charge by Judge
Hall, at 8 p. NJ. At o'clock they re-
turned for instructions and at SEQ the
jurors reported that they could not
agree. Judge Hall thereupon read them