Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-03-09
cross-examination testified tina, Herr,

- 1l-c -7.Elo,- = .esa c1tc, "-i.i-c
liGu.Si ~ TIRE sc~.i= iii azpi4i,.ea the
construction o1 Tho ind.. iitls 3ni ita
method Of operation. stating that il
was customary to use an elevator
when the machine was run by power
Witness on cross-examination admitted
that he had sold but five or six machines
in 10 or y years. Witness had cut corn
with similar machine. but never saw
hay or straw cut with it.
Attorney Heselton when the PLAINTIFFS
testimony was completed ordered a non
suit on the ground that the testimony in
regard to contributory negligence on the
part of the plaintiff was even stronger
than at the previous trial of the same
case. Attorney Hildreth argued that the
construction of the machine was very de-
ceptive and the boy could not know how
near the knives were to his hands. The
court ordered a non-suit on the ground
that whatever change there had been in
the evidence since the formeratria was
less rather than more favorable TO the
plaintiff. sY
Default was entered in the case of Cur
rier ct al. VS.. Veilleux. NJ. s. Holway
for plaintiff, NJ. Z. Sawtelle for defendant.
The case of Mclaughlin VS.. City of
Gardiner, originally assigned for? trial
Monday, was re-assgned for the first
case at the October term. G. W. hesel-
ton and f. NJ. Thompson for plaintiff, c.
a. knight for defendant.
The next case to be tried was that of
Edwin C. Dudley, administrator of the es-
tate of the late Orville D. Baker of Au-
eusta, VS.. Miss Lucy Farnsworth of
Rockland. Me. NJ S. Holway of Augusta
appeared for the plaintiff. Job H. Mont
gomery of Camden and Thomas Leigh of
Augusta for the defendant. The case
went on trial before a drawn jury con-
ssting of f. c.. Getchel of Vassalboro
foreman: Napoleon Lambert, Waterville;
Jerome b. Farrell. Gardiner; Timothy
OConnell. Winthrop: J. b. Berry. Fay
cite; Fred Beck. Augusta o. c. True,
Monmouth; James II. McQulin. Wins
low; Henry w. Roundy Benton: Arthur
r. Tracey, Waterville; Lucius S. Cony.
Augusta; Edwin G.. Whitney, Halowell.
The action is brought to recover the
sum of $20S5S9 with interest to date, al
legged to be due for services in litigation
connected with the Farnsworth estate of
Rockland of which the defendant is the
Administrative. An itemiZed account of
the bill was given in the writ read by
Attorney Holway. 1t was explained by
ATTORNEY Holway that the late Orville D.
Baker was counsel for Miss Farnsworth
from July %, 1909, Mntil his death and
that the many complications arising from
claims set up by other heirs to the Farms
worth estate rendered many unusual legal
services necessary. The value of the
Farnsworth estate was stated to be about
Sl55.0OO Mr.. Baker left only his time
charges on the book and the charges We're
carried out at the rate of $50 per day, his
minimum charge for legal services.
The first witness called was Edwin c
Dudley. administrator of the estate of the
late Orville d. Bakers Witness instructed
Mr.. Rand to make up-th account against
Miss Farnsworth and the bill was pre-
scented to Miss Farnsworth before bring
ing suit Witness found among Mr..
Bakers papers many documents relating
to the Farnsworth estate, which he turn
ed over to Mr.. Heath when the latter
became Miss Farnsworth's attorney. The
accounts against Miss Farnsworth were
in a book which was exhibited IN the
court room. and there We're no others eN-
cept those that witness knew OF.
The next witness called by the plaintiff
was Fred s. Rand of Augusta public
stenographer. Witness testified that ne
was in the employ of the late OrVllie ID.
Baker from Sept. 3, 1903, until his death.
lie was also in charge of MI. Baker 5
books. Witness identified the account
against Lucy c. Farnsworth in Mr. Ba-
ker's current ledger, which he said was
i'm use from 1882 to his death. Most of
these were original entries made by the
witness.
Attorney Holway-"What was Mr. Ba-
ker's usual charge per day"
Witness-"His usual charge was 500 per
dav and in many cases he got more. |
never knew him to get less than $50 per
day"
Witness testified that only time charge
were made by Mr.. Baker and the work of
carving them out was never done in the
first or second ledger
witness was asked by plaintiffs counsel
to name some of the important cases
with which Mr.. Baker was connected,
and he was sharply crosse examined by
Attorney Montgomery as to three cases
and whether or not any other counsel
was associated with Mr.. Baker in them.
Witness testified that the ledger en-
tries were not always made on the day
of date and that about half of them were
mt on from other memoranda.
Attorney Montgomery-"W When We're
they put on?"
Witness-"As soon as the. work was
completed
How did you make them up when Mr..
Baker was out Of the city and you did
not accompany him?'
II made them up from his dictation.''
Records of the, Knox county probate
court covering the litigation in connec-
ton with the Farnsworth estate for
which itemized charges were made in the
bill against Miss Farnsworth were admit
ted in evidence. Docket entries of the
Knox county supreme judicial court COW
ering the Farnsworth cases were read by
Attorney Holway and admitted in evil
dence.
Arson NJ Goddard of Augusta was the
next witness. He stated that he had
been in practice since 1885 and knew Or
vile D. Baker since his admission to the
bar, as Mr.. Baker was on the examining
committee when he was admitted. Mr..
Baker employed the witness in 1905 to go