Norwich bulletin., 1909-05-06

When the superior court for Wash ington county convened in Westerly, Wednesday morning, Judge John w.. Sweeney, who had not completed his argument for the plaintiff in the case of Harriet A. CrandaH against James Parks. in which damages were sought for injuries inflicted by the automobile of defendant being in contact with Mrs Crandalla's horse and carriage, resumed his argument. The claim is for damages of $2.500 for injuries sus tsined by Mrs. Crandal.s
 The argument was completed in 25 minutes, and Judge Dennis Baker gave his charge to the jury.
 Judge Bakers charge occupied 25 minutes and at 1925 the jury retired.
 Another juTy was then empaneIIed bn the case of Elisha E. Carpenter Against the E. R. Seegar company, in which plaintfT seeks to recover a bal ance due of S6050 for spiles and other building material furnished defendant. The jurors were sworn and the trial proceeded. Judge John w. Sweeney appeared for defendant, and A. T. l.. Ledwidge for plaintiff.
 Elisha E. Carpenter testified that he resided in Pawcatuck and in Jan nary 1908, made arrangement with MT. Andrews to furnish spiles. of giv- en length, for $1.50 each, for the H. R. Segar company He delivered PIT spiles to theecompany, and later took away AT, and left over 40 that he would not accept, as they had been sided for the coal bins and were of no use to the witness. He had received S175 in part payment and this action was to recover for the 40 spiles that were spoiled. Had sent bill for bal ance due but received no response. Never had anM conversation with MT. Andrews relative to the balance due and the amount to be paid for each spile has nevT been disputed.
 When exam&ed by Judge Sweeney MT. Carpenter testified that the poles were to be seven inches at the top and they would be if cut back to the length ordered. The contract called for poles seven inches at the top. These poles were peeled and witness could not tell what had been done to them. He took away the poles that were not peeled and he did not leave the ones fin dispute because they were not seven inches at the top
 MT. Carpenter testified that some of the poles taken away were seven inches at the top. MT. Andrews never made objection to the bill presented. and no objection was raised when the $175 was paid on account MT. An-
 
 were not up to the standard in size.
 Oliver c. Andrews testified that he was in the coal business as general manager for the H. R. Segar company. He ordered some poles from Elisha Carpenter to repair the coal bins in Main street after the fire the poles to be seven inches in diameter at the top. MT Carpenter delivered poles and IF were accepted. After the first load was receeivd, told MT. Carpnter that the poles were not of the required dimension and could not be used and he said if there were poles that could not be used he would take them back Told MT. Carpenter he would give him $l75 on account but would not pay the bill as presented, as the poles were not up to the standard Of the forty poles left in dispute, none are seven inches at the top and informed Mr. Carpenter that they could not be used ] He never ordered these poles to be peeled.
 Henry R. segar testified, as did also John F. Davis.
 After the arguments by Attorneys