Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-01-14
Verdict Of $3.50 in No.
Augusta Dog Case,
RepIevln Case Goes TO Law
Court for Settlement.
Grand Jury Will Report This Fore.
noon...Divorce Entries.

case inyoIyiu" the ownership Cf Il
chest of tools rcplevincd by the plain
Tiff. \ Nominal verdict was given 10 the
plaintiff by order of the court and the
case went To the law court on cXcep-
tions. 4 verdict for the pldlntln or
$3.50 was rendered in the North Au-
gusta trespass case of duncan VS..
Wade. incolving the shooting OF a
shepherd dog owned by the plaintiff.
which was tried Wednesday, and Judge
Menedct +. Maher. counsel for the de-
fence filed motion for a new trial.
Cases are assigned on the civil
docket through to Monday but some
criminal matters are likely to come
up for consideration before that time
DIS the grand jury according to the
statement made by County Attorney
Guy A. Hildreth of Gardiner. will be
ready to report this forenoon.
Attorney Whtehouse in discussion
of the question of damages argued that
there should have been an assignment
of the mortgage made at the same time
the note was given and claimed that
the rcplevin writ was defective. At
torney Williamson argued that it was
not necessary that the assignment of
the mortgage should have been made
at the same time with the note and
that the writ was not defective.
The court ruled that the plaintiff was
entitled to recover and directed the
jury to find nominal verdict for the
plaintiff in the sum Of 81. Exceptions
We're filed by the defendants counsel
and allowed and the case will go to
the law court for settlement of the pc
culiar legal points involved. Both
jurieS were excused after the trial of
this case until $50 A. NJ. today.
The other cases on the assigned list
for Thursday We're disposed of without
trial and court adjourned for the day at
2.40 p. NJ. The cases in order for trial
today are. Crosby VS.. Davis, two cases.
Williamson & Burleigh for plaintiff. F..
f. Peacock for defendant. Clary VS..
Haines Beane & Beane for plaintiff. f.
NJ Thompson for defendant
Judge Hall at the opening of court
Thursday morning charged the jury in
the trespass case OF Duncan VS.. Wade,
involving the killing of shepherd dog
owned by the plaintiff. The charge
-
ing to the jury at 1912. The jury af-
ter being out an hour and 10 minutes
brought in a verdict for the plaintiff OF
$3.50.
The next case to go on trial was that
of Raynes vs.. Reynolds. which was
tried before the second jury d.
Frank Moore, the foreman of this jury
was challenged and W. w. Gibbs of
Oakland took his place on the panel.
This is d case of replevin in which
Charles L. Rdynes of Augusta re-
plevied on Sept. 9 a chest OF carpenter
tools from William Reynolds, valued at
$3.50. Joseph Williamson & w. NJ.
Sanborn appeared for the plaintiff and
f. w. Whitehouse for the defendant.
Charles f. Rayncs of Augusta tcsti-
fled that in 1906 he went as surety on
a note signed by Reynolds for 800.
When the note became due witness
ascertained that Reynolds had not
paid the note and witness paid the
lean and interest amounting to $112.75.
Reynolds had worked for witness since
to the amount of about SIS. Later
Reynolds told witness that he had
been advised by a lawyer not to pay
repevin upon DEFENDANTS tool chest.
Witness on cross examination stated
that he used none of the money from
the note and had no interest in the
matter except in getting the money
for Reynolds in order that he might go
to Skowhegan to work.
William A. Reynolds. the defendant
testified that when the 500 was given
him by Frank Cole to whom the note
was made out he gave mortgage to
Cole upon his chest of tools and house
hold furniture. Mr.. Cole later. when
defendant went to Massachusetts, al
lowed him to take the tool chest with
him. Defendant has paid plaintiff in
work about $40.
The following cases on the docket
have been disposed of without trial:
Sproul ct al VS.. Eaton, defaulted for
$75 and costs. George w. Heselton
for plaintiff, Williamson & Burleigh
for defendant.
Babb VS.. Clary & Co. Neither party.
Became & Beane for plaintiff. Knight
for defendant. s.NUE
Hubert VS.. Dostie Neither party. no
further action for same cause. Saw
lelle Tor pldlnt111 Leigh TOT ueleHddnt
F'ogg VS.. HuntOn. Bankruptcy of
plaintiff suggested at April term. De-
faulted. Williamson & Burleigh and E.
+. Peacock for plaintiff H. l.. Hun
ton for defendant
Wasgatt VS.. Sturgis. Neither party
Williamson & Burleigh for plaintiff,
f. W. Whitehouse for defendant.
Alden VS.. Elliott. defaulted. II. f.
Foster for plaintiff. n. X. Fuller for
defendant.
Atkins VS.. Smith ct al. Defaulted
Will c. Atkins for plaintiff. H. r.
Smith. Williamson & Burleigh for de-
PENDANT