Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-09-09
Decision in the Richmond
Baseball Controve rsy.
Hearing Wednesday Before
Judge WhitehOuse.
Plaintiff Claims That Diamond in
The Town Is a Nuisance,

~ hearing was held before Associate
Justice William Penn Whitehouse at
the court house Wedne sday on the bill
in equity brought by Francisco B. AL
i"n te.s,iS Wlinam RI. Steward, all Of
| Richmond, to restrain him from letting
HeiG IN mat town Tor baseball dlsi-
mond. A hearing was held on the Pc
-llion about month ago before JUS
tlce Whltehonse but Attorney Newell
Tor the defendant filed demurrer to
the complaint which was allowed and
the plaintiff was permitted to amend
the bill. Henry. Il. Drew of Richmond
appeared as counsel for the plaintiff
and Charles ID. Newell, also of Rich
nond, appeared for the defendant. The
hearing was quite lively and interest
ing at times, especially during the
cross examination of the defendant by
| Attorney Newell.
Mrs. Francisco Is. Allen, the plain
| tiff, was the first witness. She testf-
| fled that she was greatly annoyed and
disturbed by the use of this property
| as baseball diamond Her health
| has been impaired to a greater or less
extent on account of the noises ema-
| mating from the baseball field Tho
| ball has often struck her dwelling
house and lights of glass have been
knocked out.
On cross examination by Attorney
Newell the witness testified that base
ball had been played on that field for
% years and she did not now whether
| the game played there this summer
was the same as played for the past
,rf SJn III,
| to state how many times that the ball
| had hit her house during the last eight
games. Playing ball there makes the
witness nervous, she said, and she had
never been nervous until the game was
conducted on that field
On redirect examination by Attorney
Drew the plaintiff testified that during
the past % years she was away from
home a great deal with her husband
| on long voyages at sea
On re cross examination by AttOr-
ney Newell the plaintiff testified that
she had not been to sea for seven
years.
Captain Zacheus Allen of Richmond,
the husband of the plaintiff. testified
that he retired from the sea six years
ago. The ball used by the players of
this field struck his buildings a grea,
many times and strikes the building
more or less at every game. Four or
five panes of glass have been broken
out by the players hitting the ball in
the direction of the house. They play
on that field all the afternoon and the
greater part of the forenoon. The
players yell and noller so much that
they can be heard four blocks away.
The noise completely unnerves his
wife, the complainant. 1t is 22S feet
from the home plate to the corner OF
the house and from where the left
fielder is supposed to stand to the
house is distance of from 90 to 80
feet 1t is not practicable to play on
that field and not have the ball hit his
property. 1t is a matter of common
occurrence that during every game the
ball strikes the roof of his ell.
Cross examined by Attorney Newell
the witness stated that an offer was
made to him to allow a screen placed
in front of his building six years ago.
Five witnesses We're summoned In
behalf of the defence and William Fl.
Steward, the owner of the field, was
called as the first witness. lie t"St;-
fled that no complaint was ever made
70 him by Capt. Allen or Mrs. Allen,
the plaintiff, about the nuisance of the
baseball field. There was nothing out
of the way so far as he could sec In the
occupancy of this particular field.
Cross examined by Attorney Drew
the witness testified that Capt Allen
offered to take a lease of the baseball
field for a term of five years.
|. l.. Spauding of Richmond testified
that he run shop near the baseball