Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-10-21
SUPREME COURT.
Taking Of Testimony in
Most Unique Action.
Ice Company Wants Damages
For Burning House.
South Gardiner Lumber Company Is
Defendant in Case.

Defendant in Case.
The $4,000 suit brought by the
American Ice Co. against the South
Gardiner Lumber Co. occupied the at
tenton of the supreme judicial court
at Wednesdays session. The action
is to recover damages Tor the burning
Of an ice house owned by the plain
tiff caused 50 the plaintiff alleges by
a spark from the smoke stack OF the
defendants mill and also causes so the
plaintiff further alleges by the care
lessness and negligence of the defend
ant company. Nearly all the evidence
on the part of the plaintiff had been
adduced when court adjourned late
Wednesday afternoon until $50 o'clock
Thursday morning.
The taking of testimony in the $4,000
suit brought by the American Ice Co.
against the South Gardiner Lumber
Company was begun in the supreme jul
ducial court, Associate Justice Leslie G.
Cornish of Augusta presiding, WedneS-
day morning. The action is to recover
damages for the burning of an ice
house owned by the plaintiff by the
building catching fire from sparks from
a smoke stack operated by the defend
ant, and due, so the plaintiff alleges, to
the negligence and careleSsnesS of the
defendant corporation. 1t is expected
that The trial of this case will occupy
the attention of the court until the lat
ter part of the week. Charles +. john
sen of Waterville anu Will c. Atkins of
Gardiner appear for the plaintiff and
Herbert NJ. Heath of Augusta and
George w. Heselton of Gardiner for
the defendant.
AT the opening Of the court Tuesday
morning Is witnesses were sworn in be-
half Of the plaintiff.
The first witness called to the stand
Wednesday morning was John II. Bur
leigh of Waterville, Il civil engineer,
who testified as to the location of the
mill and the ice-house which was de-
stroyed by fire.
John +. Croker of South Gardiner
| testified that the wind on the day of
the fire June %, 1907, was in south
| erly direction. He also described the
| shipping run and it's contents where
| the fire caught.
William DeWeaver of Pittston testi-
| fled to seeing the start of the fire from
across the river and observed that it
started on the roof OF the shipping run.
5. q. Dunton, former Waterman at
| the ice house at South Gardiner, tes-
tilted that he had just finished making
his rounds and was starting to eat his
supper when the alarm sounded. He
had many times noticed cinders about
the place which came from the plant of
the defendant company.
James A. Jones of Pittston testified
that he came across the river to meet
TIE dummy at South Gardiner and
| went to the shipping run about two
| minutes before the alarm was sounded
He Immediately went down and saw
the tire on the roof of the shipping run.
| This was before the alarm was given
at the mill. There was no one else
about the run when he went through It.
! AT the afternoon session of the court
William D. Haley of South Gardiner
was called to the stand as the first
witness. He testified that in 1907 he
was the superintendent of the indie
pendent ice houses of the American
| Ice Co. and that at that time he was
living in one of the company's houses
at Pittston. On the afternoon of the
| fire on June q, 1907, he was at the In
| dependent house at Pittston and was
on his way to Gardiner when he heard
the fire whistle blow at seven minutes
past 5 o'clock, standard time He saw
the run of the ice house all atlre The
smoke from the stack of the South
Gardiner Lumber Co. was blowing in
| the direction of the ice house He had
noticed cinders number of times
from the plant of the South Gardiner
Lumber Co The weather was warm on
the day of the fire and it was also very
dry.
The witness produced a number Gin
ders in a box which he said came from
the defendants mill. which he watched
and caught.
On cross by Attorney
| Heath the witness testified that he
knew the cinders came from the plant
of the defendant company because he
watched them
| Attorney Heath-"How do you know
that these cinders came from the de
PENDANTS stack?'
Witness-"Because I watched them
Attorney Heath-"Couldn't some of
these cnders come from the pulp mill
stack
Witness-''I suppose 50, but the Gin
ders that / caught came from the
lumber company's stack"
Attorney Hcath-"And Of all these
cinders which you captured Won found
only one hot Cno?"
Witness-"There was only one hot
one