Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-06-30
DECISION RESERVED.
Judge Cook Considers Appointment Of
Guardian for Belgrade Man.

A continued hearing was held Tues
day before Judge of Probate Harold
E. Cook upon the petition of the Sc
lectmen of the town Of Belgrade for
the appointment of Bert p. Stuart of
Belgrade as the guardian of Christie
pher D. Smith of that town, alleged to
be of unsound mind and incompetent
to manage his own affairs. The origi-
nal hearing was held before Judge
Cook Thursday, June IS. and was ad-
journed until Tuesday for the purpose
Of securing dispositions from Mrs.
Dorothy Smith, the aged mother Of
Christopher d. Smith and Fred A..
Wing of Mt. Vernon. who was with
Smith when real estate, in which he
had interest severar,, years ago was
transferred.
Thomas Leigh appeared for the Sc
lectmen of Belgrade and Frank G..
Harrington for Henry L. Strickland of
Augusta, to whom Smith gave war
rantee deed of his real estate for the
alleged consideration of support of
himself and his mother. 1t was this
transaction that brought to head the
proceedings for the appointment of a
guardian. The deposition of Mrs.
Smith who is Sc years old, declared
that her husband when he was alive
never allowed Christopher to do any
business and she also stated in it thai
Christopher always asked her permis-
sion when he wished to go anywhere
and always brought his money to her
for her to take care OF. The depos;-
ton of Mr.. Wing referred principally
to trip taken by Mr.. Wing to Angus
ia with Christopher d. Smith four
years ago, when Smith disposed of
some real estate and was introduced
for the purpose of showing that he
was not considered competent to tram
sact business without assistance. Mr..
Wing declared in the deposition that
it was his opinion that Christopher d.
Smith was not a man competent to do
business or look after property.
Ex-Deputy Sheriff Hiram Gilman of
Mt. Vernon testified that he hal
known Christopher all his life. Smith
had been to his store and purchased
goods. Witness thought Christopher
was as bright as his father. Did not
believe he needed guardian. Cross
examined Gilman testified that he
thought Smith understood the Strick-
land transaction and that Smith ha6
told him that he wanted a guardian
for the purpose of getting his proper
ty back, but not afterwards. Jesse A
Spaulding of Readfield testified that
he had been acquainted with Chris
TOPPER D. Smith all his life and that
the man was incompetent to do bust
ness of any kind and gave instances
| fn demonstrates that fact ....#
Luther S. Butler of Readfield testi.
fled that Christopher came to him to
buy farm wagon but thought the
price was too high and didn't pur.
chase. Witness considered Smitl
capable of transacting ordinary bust
ness. Witness bought a piece of Ian;
adjoining the Smith property an(
Christopher showed him where tn,
lines and bounds were. .....
| Charles J. Dunn of Augusta, former
ly of Belgrade testified that he hat
frequently seen Christopher d. Smith
come to Augusta with his father. Wit
ness said that christopher would maxi
the purchases and the old man woult
sit in the wagon. He consideret
Christopher capable of transacting or
binary business.
| George E. Fletcher, former cit!
marshal of Augusta and agent for TIN
Humane Society. testified that he re
ceived an anonymous letter from Bel
grade parties since the filing of tn
petition for the appointment of !;
guardian for Christopher D. Smith
complaining that Smith was ill-treat
ing his horse. Witness went with an
other officer to Belgrade and foun.
the horse a trifle thin, but not in ba,
condition. He told Smith that he mus
feed the horse grain if he worked him
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