Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-03-10
ltchtie|d Damage Case
Is Still on Trial.
Will Reach Hands Of the Jury
Sometime This Afternoon,
Some Of the Civil Entries That Are
on the Docket.

I. Peabody presiding, was orccunieu
III the trial of the case of Herbert +,
"ynan of Litchfield. through his next
TREND, his uncle, versus Albert p
berry OF New York. This is an action
WIN Tie al damnum placed at SIS. 900
10 recover for the partial loss of the
pialntlH's right hand in a feed cutter
machlne on The defendants farm AT
Lltchfeld due, so the plaintir alleges
70 The Negligence of the defendant.
1t is not believed that the c.,so vii,
not reach the hands of the Jury befor.
late Tuesday afternoon.
Guy A. Hildreth, ESQ. of Gardiner
appears as counsel for the PLAINTIFF
anu oilFer b. Clason. Esq, and George
". Heselton, ESD, of Gardiner for the
defendant.
Associate Justice William Penn
Whitehouse went to South liz Mon.
oay Where he will preside ut the March
lein' Oh the supreme judicial court for
oxford county. Among the cases TO he
lrieo Is that OF State versus Wallace
". everett, charged with the murder of
toear Rackllf last July in a dynamite
mousse at Croker Mountain. The case
was tried at the October term at South
ParlS before Associate Justice SewalI
Z. Strout of Portland. The iurv re-
ported that it was unable to aeren
it being understood that eight member.
OF the panel favored conviction ana
Tour favored acquttal 1t has been
reported that counsel for the resnopd-
ent will ask for change of vapua
ano the case may be transferred 10
Androscoggin county for trial.
Associate Justice Albert NJ. Spear will
mold his next term at Skowhegan
March IL and Associate Justice Leslie
I. Cornish will hold his next term al
Houlton April !.
Because Capt. Gilbert NJ. Tower and
Mate Haskell Davis Of the good fishinp
schooner Fortuna were acouitted of
scuttilng vessel to secure the in
Su'"ilce money. i'm the United States
instruct court at Portland a year ago
last february. case has been entered
III IN" supreme judicial court for this
county at this term.
me plaintiff in the case is Frank r.
button of this city, assignee, who de-
Tended Capt. Tower and Mate Davis
ana the defendant is the Mannheim In
suiance Company of GERMANY. REM
thompson of Portland one of the best
known marine lawyers in the eastern
part Of the country, is counsel for the
defendant.
Inc plaintiff seeks to recover the
amount of the insurance on the vessel
fortuna which was run into by
government boat in Portland harbor
Dec, 3, 1906, and sunk. The Fortuna
was loaded with a cargo of fish. bound
for Gloucester.
The insurance company refused to
pay the amount of the insurance and
capt. rover and Mate Davis, both OF
Whom are residents of Jonesporr,
Washington county. were indicted by
grand jury in the United States dis
trlct court on the charge of scuttlinc
vessel to procure the insurance The
cases came to trial before the
February term of court at Portland in
1907, and after a five days trial the
defendants were acquitted and dis
charged The verdict Of the jury was
returned after deliberaton of 20
minutes
United States District Attorney
Robert t. Whitehouse appeared for
the government while the two men
We're represented by Frank L. Duttun. !
Esq. of this city and William II. |
CULVER Esq. of Portland There is |
no record in this district of an indict- !
ment for a similar charge and the !
penalty is life imprisonment.
The evidence showed. during the
trial. that the hull of a vessel. claimed |
to be the Fortuna, was washed ashore 1
on Cape Cod and when E. M. Sawyer /
Of JonespOrt, one of the owners of the /
vessel, examined her hull he found ii
auger holes in her counterboard below
the water line. The ad damnum in the
ease is $4,000.
After the acquittal Of the CAPTAIN
and mate the insurance people en-
ployed detective and worked on the
case for three months. They refused
20 pay the insurance on the cargo Of II
ish, claiming that there was a COM
olicity with Captain Tower and the
,wner of the cargo, Sidney Doyle Of
Sullivan, in the scuttling of the vessel,
md also that both the vessel and the
"a roo v-ara ovor ipSura1 Tho oa-o