Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-10-25


of 16 and told not to emf over tho line
Witness was on the lot Thursday with
Mr.. Turcotte and the line pointed out
to him by Mr.. Turcotte was the same
as the old line with the exception OF
variation near a bog of about a rod
to the north. Witness stated on cross
examination that no one representing
the ownership of the Harvey lot ever
showed him where the boundary line
was.
Allen w. Smart of Augusta testified
that the bounds of the Great lot. so
called, and the Turcotte lot had been
shown to MN by Harrison Reeves
when he was cutting wood on the Tur-
cote lot many years ago. Witness
helped Reeves build fence on the line.
Letter a line was SURVEYED when Mel
vile Merrill was the owner of the lot
Witness afterwards cut wood for Mr..
Day on the lot and saw evidences of a
ne'E survey having been made. Mr..
Turcotte last Thursday showed witness
what he considered to be the line.
Anthony Trask testified that he had
lived during the greater part of his
life in the vicinity Of the Turcotte an,
Harvey lots. The boundary of the Har-
veg lot had been shown him bv Har.
rson Reeves. This boundary was mark
ed by spots on birch trees. Witness
was over the line last on Wednesday
of last week. Mr.. Turcotte pointed out
to hlm lis south boundary line, which
correSponded to the old line showed
him y Nh Reeves. Witness or cross
examination stated that the spots on
til" old 1rees had remained there To-
the present time in many eases. Wit
ness had lately noticed Il lire with the
trees newly spotted 81 rods 20 the north
of the old line.
Melville a. Merrill testified that he
at one tune mad the harding OF the
Ilircottc lot OF which his son then
had the deed. During his sons own.
ership of the Turcotte place they Gu,
wood and hay from it, The wood was
cut very near where the line was ana
witness ana Mr.. Whitmorc. who then
owned the Great lot had a surveyor
named Packard run the line. They
found but few evidences of the Old
lire, but the variation between the
two lines when both could be seen was
net over rod. Witness stated that
the new lin" established by the Pack
ard survey was satisfactory to both
him and Mr.. Whitmore and produced a
written statement from Mr.. Whitmore
to that effect
Frank Turcotte, one of the plaintiff.
IN the case, took the stand at the
opening of the afternoon session. Mr..
Tulcotte, VINO spoke 10 English, was
Intercepted by Attorney Burlegh In
the French language, Mr.. Burlegh act
ing as Interpreter both in the direct
examination and also putting to the
witness in croSs-eXamination such
questions as Attorney Fisher. orc of
the counsel for the defence, requested
The procedure, which was agreed to
by the court and opposing counsel
Ncdld have been a novel one under
any circumstances, but was still more
SO taking into consideration the fact
tflat the attorney who acted as inter-
prefer was not of foreign birth
witness testified that he had been
over the boundary line between the
two lots twice, once a year ago with
Mr. Merrill and again about 10 days
ago. Witness forbade Mr.. Harvey
from taking wood from his lot. Mr..
Ilrcotte on cross-eXamination stated
that Harvey had already cut some
wood on his lot Lefore he forbade him
to do SO.
Addie Turcotte, wife of Frank Tur-
cote, testified that her husband be-
lleVed That Harvey was cutting on
their wood lot and that both she and
her husband forbade his doing so fur
Their.
Walter f. Abbott Of Bath, a civil
engineer, testified to retracing the line
run by Packard between the two lots
in the presence of Melville A. Merrill.
Frank Turcotte and Addie Turcotte.
John II. Coro of Augusta testified
that he went over the disputed bound
airy line Oh Wednesday last Witness
measured the stumpS about a wear ago
Of trees that had been cut from the
lor at that time. Part of the lumber
rad been hauled off. Witness stated
on croSS-eXamlnation that the cutting
extended 23 or 30 rods onto the Tur-
cote lot.
Herbert Plummer also testified to
taking measurements of trees to the
north of the boundary line between
the two lots. There were 1876 trees in
all, 20 of which We're pines and most
of the remainder spruce. Witness
stated on crosS-eNamination that he
simply took down the figures of the
measurements made by Turcotte and
Coro.
smith S. Randall of Augusta. treas
urcr of the Augusta Lumber Co.. tes-
tilted that he computed the amount
of timber in the trees cut from the
Turcotte lot from measurements made
by Plummer and Coro. The total
amount was 1880 feet, a fair market
value for which standing would be 81
4 thousand.
The taking Of testimony was sus-
pended at 3 o'clock Monday morning.
Two or three additional witnesses
remain to be called by the plaintiff be-
fore that side of the case will be
closed.
Ten minutes later the jury reported
IN the case OF American Ice Co. VS..