Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-03-07

low agreeable in stormy weather.
Mrs Collins continued Witness fur
Their testified that Mrs Libby informed
her that she had looked the cottage
over and was delighted with it.
Witness stated that after Mrs. Libby
moved into the bungalow she went to
the witness and said: Mrs. Collins,
l have got my little home now. 1t is
the most beautiful spot l ever saw in
my life. ! need but one thing more to
make my cottage perfect and that is
fresh cover on my wash stand" Lat
er Mrs. Libby asked for rug, which
witness gave her from her own cot
lage piazza and witness spoke about
the matter to her brother the day fol-
lowing the request and learned that
Mrs. Libby had gone. Witness was
surprised to learn that Mrs. Libby had
left because she always seemed so hap
Ply and c0ntented.
Witness on cross-examination tes-
titled that Mrs Libby had never COM
planned to her of the roof leaking. Wit
ness never knew OF any cloth being
placed on the roof after Mrs. Libby
left. Mrs. Libby met witness on the
very Gay that she went away and said
that she was satisfied with the cottage.
Mark S. Collins recalled by the plain
tiff's counsel. testified that the proper
ty owned by him and his brother at
Lake Maranacook was worth between
$4,000 and $4,000. Witness could not
state whether or not he had told rep
resentative of Bradstreet's in 1904 that
he was worth $4,000.
Attorney H. z. Foster of Winthrop
called by the plaintiff in rebuttal tes-
titled that when Mark Collins informed
him in regard to Mrs. Libby leaving
the hotel without paying him the full
amount she owed him he told the de-
PENDANT that he would write the plain
tiff letter and thought that she would
pay. The defendant replied: Il do not
want that, l want warrant for her
arrest. Witness replied, IF you want
warrant you will have to go to the
court" Mr.. Collins said to witness with
some feeling: Il supposed every law
yer was obliged to make out a war;
rant when asked to-" Witness made
no suggestions about making out the
warrant. but did leave Recorder Gage
Il oooh vi loi Ills dl TIC lCtuCSl VI lIiV
latter.
Wilbur L. Libby, recalled, testified
to visit from Mrs. Tillinghast at the
office of the witness at which she told
Mr.. Libby that he had better give up
the suit and not spend lot of time
and money on it, as witnesses that he
thought would testify for him would
tell different story when placed up
on the stand.
Mrs. Frances J. Libby recalled, de-
MED ever saying to Mrs. Tillinghast
in any way, shape or manner that
when she settled her bill with Mr.. Col
Inns he would find out with whom he
was dealing. Witness did not receive
at her club after the arrest and did
not entertain Mr.. and Mrs. Tillinghast
at dinner. Witness stated to Mrs. Col
Inns that she enjoyed the visit to this
particular locality, not that she enjoy
ed the bungalow. The testimony was
all in on both sides at II o'clock and
a short recess was taken before the
presentation Of the arguments of Hon.
George w. Heselton of Gardiner for
the plaintiff and Joseph Williamson of
Augusta for the defence.
A telephone message was received at
the court room announcing the sudden
death of the wife Of Leonard C. Jones
of Hallowell, one of the. jurors sitting
upon the case. Mr.. Jones was excused
at noon and it was agreed by the
counsel for the parties to give the case
to the jury with but II men on the
panel.
Justice Savage charged the jury at
the opening of the afternoon session
The presiding justice in his charge to
the jury stated that it was necessary
for the plaintiff to show both want of
probable cause and malice on the part
of the defendant in his action against
the plaintiff. also that if verdict was
found for the plaintiff she was entitled
to recover for her own personal loss
and her own personal injuries and not
for what her husband had spent for
medical attendance The case was Civ
en- to the jury at o'clock.
Naturalization was conferred upon
Wallace w. Grant of Waterville, a for
mer British subject Adjournment was
taken after the report of the jury I'M
til 10 o'clock today.
Jurors in whose towns and cities
elections are to occur today were ex-
cused until Tuesday and Justice Saw
age announced that he would try what
ever cases came I'm Monday hoforo q