Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-04-11

Gates. Vassalbero: w. A. Curtis. Farm
sincdale. Daniel w. Sexton, Augusta; II.
G. Turner, HalIowell: Frank L. Miles,
waterville; J. E. Plummer, Pittston; A
A. Moody Oakland: j. A. Huntington.
sLitchfeif: T. W. Crawford, Watervllle;
Fred A. Hayden, Augusta; waiter sun
son. Clinton; w. III. Albee. HaiioWeil-
w +. Lord of Manchester and Daniel
E. Foster CT Augusta. jurors were email
lenSed IT. behalf of the plaintiil.'
The first witness called in behait OF
the plaintiff Was Mrs. Nora Z. 4 mayer Oh
Watervile, Who testified :hat she -had
charge of the art exhibit at tie central
Maine fair at Waterville. last September.
Six bowls were on exhibition from the
Augusta China Club and she saw MI.
Osborne. an employee of Remington "
Co. pack the goods to be shipped 10
|. Augustaa. The word fragile Was
marked on the box and the value OF the
goods. 500. WAS also written on the
box N
Bert c. Osborne testified that he was
employed by RediEgton & Co. wafer
vile furniture dealers. He was toid on
Sept. T. last by Mr. Rcdington 10 go to
the fair grounds and pack the bowls Tor
shipment 10 Augusta Mrs. Thayer gave
the witness the six bowls. rs near as
the witness could remember ne LOOK
each bowl and wrapped it in ne"spa-
per and lie also used excelsior and bur
lap. lie used the utmost care ana cau-
ton in packing the bowls and he con-
sidcied that the box had been properly
packed.
On cross examination the witness tcs-
titled that at the time that he packed
the box he had been employed by RedlnG-
ton & co. about four months.
w. Frank Ierrick of Augusta, an en-
ploye of the plaintiff, testified to start
ing to unpack the DoX containing the
bowls finding the second bowl broken
The bowls were wrapped in paper. When
the witness found that the second bowl
was broken, he called the plaintiff. VINO
removed the remainder of the bowls
from the box.
Mrs. Pcrsis M. Martin Of Augusta,
the plaintiff, testified to receiving the
box of china ware from Waterville last
September. Mr.. Herrick, the previous
witness, told her that The second bowl
that he mad taken out Of the box was
bowls from the box and two Of these
were broken, Excelsior was at the top,
bottom and sides of the box and the
bowls were wrapped in newspapers. The
witness testified that she had been
familiar with china ware and its pack
ing for over 50 years. She thought that
SO would be fair market value for
one of the bowls. The witness made a
written claim to the Express Co. for
tie damage done. The box was marked
fragile" in two places.
The first witness called by the de-
fence WAS Harry l.. Hilton. the agent of
the American Express Co. ut WaterVille.
He testified to making out the receipt
and stamping it.
Everett NJ. Mower, agent for the Amer
lean Express Co. at Augusta, testified
that ON Sept. last he received notice
from the plaintiff that the bowls in the
bcx had been broken.
w. Frank Herrick. recalled in re-
ply to 4 question by Attorney Johnson
testified that there were no marks on
the box to indicate that it ha9>s been
roughly handled.
The case was given to the jury at 81
O'Clock and in 10 minutes verdict was
returned ir favor of the plaintiff and
damages were assessed in the sum OF
$40.
Court will convene at 10 O'Clock Mon
day morning.