Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-11-12
SUPREME COURT.
The Emery-pinkham Case
Comes toaC|ose Friday.
Jury Directed TO Render ver-
/ dict for Mrs. Emery.
Case Last Of the Term to Have a
Jury Trial.

nc ffl'-dN morning session ~ tllf
supreme judicial court was taken up
with thu completion of the Pinkiram
VS. |Em.ry case The tour remaining
witness for the defenS" w.r" heard.
hut not before il was found necessary
to call Henry Hin, the civil engineer,
to tn. stand again 70 give L detailed
account OF his measurements as taken
from one OF the old land deeds eXhib-
tied ~ the case.
Edwin Allen and George WadsWo.th.
two Ole residents in the Manchester
district. were called on to testify as
to the ,xtrnt OF the land as Grained
Nv the former owners of the disputed
territory These two elderly gentle.
men CAUSED considerable admiration
on the part of the many persons in
the courtroom. as they We're two eX-
cellent examples Of New England
vigor ana ruggcdness. Mr.. W2Gs-
worth is over 50 years Of age and Mr..
Allen is nor tar behind in the matter
If age. Their memories seemed as
Keen as those Of much younger mCa
and although the courtroom expert
nrce was new to them they seemed
immensely interested in the proceed
in@S.
John II. Merrill ana Alden Spear.
nearby residents of the district about
which the dispute is being settled.
testified as to the relations Of the two
property owners in question and con-
corning the land marks which are nov
visible and those of the wears gone by.
Joseph Williamson. one OF tn" at
torne,s for the defense, selected scv-
cral IF the old deeds used in the land
transactions Of that district betor"
the time OF the present owners and
read several causes aud statements
which vould apply TO the case.
At this poin, OF the trial a short re-
cess vas called and during which the
attorneys Tor both sides held q con-
sultauon with the court and during
which Judge Whitchouse suggested
that TIE evidence as so far testified was
taken with so much uncertainty that
it would in all probability be neces-
sary to eliminate tho jury in the case
and a decision would have to be rem
dered by the court or by a compromise
between the parties.
No definite settlement could be mace
at that time and the court resumed
business.
The recall If Nh. Pinkham to the
stand and tn" hearing of testimony
from Henry Emery completed the list
OF witnesses for the case Judge
White house then called another colt
sultat;on of the attorneys and stated
that he would eliminate the final argu-
ncnts OF the attorneys for either SIDE
and render verdict from the Jury as
ordered by the court itself. The judge
stated that he had weighed the teStf-
mony and which in reality amounted
to nothing but that the case rested on
the old deeds. Owing to the fact that
there were no monuments of any de-
Scription as were called for in the
deeds the verdict would have to depend
on common conditions.
The court then ordered the jury to
render verdict as he directed, that
the Jury find for the plaintiff. Mrs.
Pinkhan, and that she recover that
part of the land described in tho
plaintiffs declaration and not dis
claimed by the defendant. which lies
eastcrly of a. line drawn from the high
way to the lake parallel with the cast
line of the defendants bath house.
so called. at the Gondola Landing and
five feet distant from the east side of
the bath house.
This settlement and half compromise
seemed to be quite satisfactory 10 both
parties in controversy and while the
land in question had been Of small
value it had been the bone of conten-
ton for q great many years and had
caused more or less hard feeling be-
tween the disputants.
After the verdict for the Pinkham
VS.. Emery case had been rendered. the
jurors We're dismissed by the court
who informed them that the last case
tried was the last of the session to
be tried by a jury. Associate Justice
Whitchouse thanked them one and all
for the most intelligent work they had
given and assured thefn that he had
considered their efforts to be fair par
excellence.
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