Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1910-03-15

IQnaintance with MI. Davis, ne nao 81
ways found him courteous and homo:
liable, and had no doubt that he was faith
full to his oath as an attorney.
Thursday morning the trial OF tn,
suit, Riualdo L. Cum mings vs.. Ernest Z
Field, was begun. Mr.. Cummings is 8
resident in the town Of Woodstock no
far from West Paris, and has In the pas
done quite business as an apple buyer
Mr.. Fled is farmer living near Nortl
Paris. This suit was brought to re
cover for SO cash paid by Mr.. Cum.
mings to Mr.. Field as part pay for hi
crop of apples in 1908, eighty barrels
furnished by Mr.. Cummings, and labor
of his men packing at Mr.. Fields. II
appeared that in the fall of 1908 Mr.
Cummings bought Mr.. Fields apples
which were stored in the barn; that Mr.
| Cum mings' packing crew packed Al bar
rels of apples about the middle Of No
vembsr, but that cold spell meanwhile
coming on, the apples chilled, and quite
a portion of the apples were left unpack
ed. Mr.. Cummings paid Mr.. Field $50. OF
on the apples, and later notified Mr.
Field that he was ready to have the ap
pies delivered at West Paris, but Mr.
Field declined to deliver them until he
was paid in full. The apples which had
been packed were never delivered, and
in the spring were dumped. 1t appear
ed from the evidence that there were a
variety of elements entering into the
matter and causing disagreement be-
tween the parties.
Mr.. Wright was counsel for Cum
mings, and Kimball & Son for Field.
The hearing on the case occupied the
forenoon of Thursday. At its close the
case was settled between the parties,
Mr. Field paying Mr.. Cummings s45 90
An action of some interest which was
heard by Judge Whitehouse Thursday
afternoon was the suit of Charles r.
Eames against the town of Albany, for
transportation of his daughter to school
for one term. A. S. Kimball was cDun-
sci for Eames, and James Wright for
the town. There was no disagreement
as to the facts. The statute provides
that the school committee shall provide
for the transportation of scholars, in
cases where it is necessary. to "the near
question there was no school at the
house nearest Mr.. Eames' residence.
There were schools at Hunts Corner
and Lynchville. The one at Hunts
Corner was the nearest, but the school
committee made provision for Mr..
Eames' daughter to be carried to the
Lynchville school, at a greater distance,
as there was team going to that school,
and to have carried her to the Hunts
Corner school, it would have been neces-
sary to provide a team for her alone.
Mr.. Eames did not accept the arranget
ment, but himself carried his daughter
to the Hunts Corner school, and brought
suit against the town for S25.00 for such
transportation. Judge Whitehouse took
the case under consideration.
A case of considerable general interest
was the next one. which was opened
Friday morning. 1t was the suit of
Flora A. Stearns VS.. The Harrison Mu-
tual Fire Insurance Co., and was brought
TO recover insurance on household furni-
ture and other personal property burn
ed Mrs Stearns, the plaintiff, is the
wife of Frank Stearns, for thirty years
resident of South Waterford. The farm
on which they lived was in the hands Of
the Bridgton Savings Bank, and the
were insured in the name of
the bank, together with Mr.. Stearns'
hay and farming tools. The furniture
was the property of Mrs. Stearns, and
there were on it two policies, one issued
in 1908 and the other in 1905, both in the
Harrison Mutual Fire Insurance Co,
the total amount of the two being
S5l5 90.
Early in the morning of Monday, the
oath of August, 1908, the buildings were
destroyed by fire, the fire being discover
ed not long after midnight. The fire
started in the barn, which was nearly
before Mr.. and Mrs. Stearns,
who were the only people at the place,
we're awakened or any of the neighbors
had reached the place. Two horses and
fur cows, which were supposed to have
been tied in the barn, were found feed
ing outside. The buildings were entire
ly consumed, a few of the farming tools
and some of the furniture from the
house being saved with the aid of the
who assembled.
Payment of the policies is resisted by
the company on the ground of fraud.
The principal feature of the evidence on
which this contention is based is type
writer which was in closet in the house
at the time of the fire. According to the
testimony of man and q boy who were
at the fire, the man took the typewriter
from the closet, carried IL to the door OF
the house, and delivered 1t to the boy,
who carried it some distance from the
house and placed IL behind rock.
Mrs. Shaw, a neighbor, later saw the
typewriter and told Mrs. Stearns that
her typewriter had been saved. After
the buildings had burned down and the
neighbors went home, for the last hours
of the night only Mr.. and Mrs. Stearns
were at the place. Later the typewriter
was found partly burned in the cellar of
the house, not under where the closet
had been, but a little distance from it.
The typewriter was taken out of the
cellar by the representatives Of the in
surance company, and was produced in
court, and it was urged by counsel for
the company that its appearance showed
that it had not been through the heat of
the fire, but had been thrown into the
cellar after the fire had died down. In
Mrs. Stearns' proof of loss, the type
writer is included at a valuation of
SS5. 90, though she testified that she had
bargaiDed it to her daughter, who is a
stenographer, for price of 10000.
The fact of the stock being out OF the
barn is urged by the defence as a cir
cumstance tending to establish fraud in
the case, and it is also alleged that Mrs.
Stesrns put fictitious values on articles
in her proof Of loss, and that she failed
to report in full the property that was
saved from the house.
Hon. A. S. Kimball conducted the
case for Mrs. Stearns, and Judge Enoch
Foster for the insurance company, and
the case was handled with great ability
in all respects. Ii was given to the jury
early Saturday afternoon.
This case went to the jury about 3
O'Clock Saturday afternoon. After being
out three hours they returned verdict
for the defence.
CRIMINAL MATTERS.
The grand jury finished its work
Thursday afternoon. and was discharged.
A comparatively short list of indict-
ments was reported, as follows:
VIM. r. Jordan and p. j. whitman. Malicious
mischief.
Mike Urban. Two indictments, nuisance and
common seller.
Peter Ayotte. Forgery.
Andrew b. Jordan. Forgery.
Joseph b. Record. Larceny, three indlct :
ments.
Eieazer C. Poland. Larceny.
Joseph q. Record and Eleazer G. Poland.
Burglary.