Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-01-13

|
qualification OF the traverse jurors, the
making up of the panels for the term
and the filing of motions by the attor-
| neys. The cases assigned for the 1ore-
noon were all either settled or con-
| tinUed. The entire afternoon was TAX
en- up with the trial of trespass case
involving the killing OF dog in when
North Augusta parties are Interested.
| The arguments were completed at the
time for adjournment and Judge HAIL
| will give the case to the jury this
| morning.
The traverse jurors reported at the
opening of court Wednesday morning
and the two panels were made up
| Edwin NJ. Henderson of HalloWeH was
| chosen foreman of the list jury and
D. Frank Moore of Augusta, foreman
of the I'd jury. Austin Bragg and
John Judkins OF Waterville were eX-
| cused from serving as jurors by the
court.
! Judge Hall addressed the traverse
| jurors briefly after they were quail
| fed. He urged the jurors to be very
deliberate in sitting upon cases COM
mitted to them and to keep their
minds as free as possible from preju-
dice. He cautioned them to mingle
as little as possible with parties,
counsel and witnesses connected with
the cases on trial and advised them
to keep together as much as possible.
You are an essential part Of the
court and much depends upon keep
ing your minds free from prejudice,
said the Judge in conclusion.
No cases were tried sat the forenoon
session. The first case on the assign
ed list, Sproul ct al vs. Eaton was
settled, a default for $75 being en-
tered by agreement This is an action
brought by Frank w. Sproul of Wind
sor against Perley r. Eaton of Fitch
burg, Mass, to recover 1854 on a lum-
Der account. George w. Heselton of
Gardiner for plaintiff, Williamson
and Burleigh for defendant.
The next case on the docket, Bean
vs. Babcock was continued and at
1915 the juries We're excused until af-
+ernoon and court adjourned until ,
p. NJ.
The first civil case to be tried was that
of Duncan vs. Wade, which went on trial
at the opening of the afternoon session.
This is an action of trespass with ad
damnum of 5000 brought by James Dun
can of Augusta against Frank Wade OF
Augusta for the killing by shooting OF
shepherd dog owned by the plaintif, Fep.
%, 1909 Joseph Williamson and w. M.
Sanborn appeared for plaintiff and Bene-
dict F. Maher for defendant.
Dun q resident
of North Augusta, testified that there was
way across his farm which was USED
by the public at his pleasure. Witness
had owned the dog from the time he was
four weeks old until he was killed, at
which time he was II or T. years old. The
dog was well trained and useful and
worth $500 Witness did not see the de-
PENDANT shoot the dog but found nm
dead in the field with bullet In MS
breast when he got home. Witness testl-
fed on cross examination that the dog
was clever and that he never knew OF
his biting anyone. He had heard that
the dog bit Roy Tillson. Witness testi-
fed that the dog would bark in the barn-
yard, but never ran after anyone.
James S. Duncan, son OF the pialntlii'
testified that he never saw the DOG run
after horses or try to get into carriages.
1t would take two men to do the work
that the dog did driving and caring Tor
the cattle. Saw defendant on the farm
with revolver in his hand the week pc
fore the dog was shot. The DEFENDANT
fired revolver twice. Did not kno"
whether he was firing at the dog or SHOOT
ing at random. Witness saw the dog on
the south side of the road breathing his
last a few moments after the animal was
shot Saw young man go by the parn
but did not know at the time whether
or not it was Wade.
Mrs. James S. Duncan testified that on
Sunday before the shooting she told the
Wade boy that it would be a costly Jop
if he shot the dog. Witness was looking
out of the kitchen window, saw the dog
circle about Wades team on the after
noon when the shooting took place The
Wade boy drew his revolver and shot the
dog when he was at least % feet away
from the team. Witness said to her hus-
hand: II believe that fellow has shot
the dog
Columbus Cottle, neighbor of the
Duncans, testified that he saw the dog
living in the snow after he had been
shot with bullet hole in him. The dog
was lying very near the road. Witness
had been on the Duncan premises a great
| many times and the dog had never at
tempted to bite him.
The defendant, Frank III. Wade, 10 years
of age. testified that on the Sunday be-
| fore the shooting of the dog he was 60
| ing across the Duncan premises in COM
pany with Roy Tillson and the dog came
| bounding towards them. He fired twice
at random to scare the dog away. De-
| PENDANT was driving on the private road
across the Duncan premises with Phil
| Lishness on Feb. %. The dog circled
| around the left side of the sleigh and
jumped at him. He fired at the dog when
| he was so near he could see his teeth
| The dog was snarling so that he could
| see every one of his teeth. Defendant or
| cross examination stated that he told
Phil Lishness if ever the dog attempted to
attack him he should shoot him. Re-
| spondent had carried firearms for about
a year. He did not intend to shoot the
dog when he started from home that day
Leroy Tfllson 13 years old, testified that
| when he went through the Duncan door.