Daily Kennebec journal., 1910-03-05
Hotel Keeper Charged
With Malice
In Prosecuting Alleged A.
tempt 10 Oetraud.
Summer Boarder Sues Proprietor
Collins Of Maranacook Hotel.


taking of testimony in the case OF
Lihb. VS.. Collins. an action alleging
| malicious prosecution upon the part OF
Mark ?. Collins. a Lake Maranacook
hotel keeper in causing the arrest or
Mrs. Frances J. LIBBY, summer
boarder at his hotel upon charge OF
defrauding an innkeeper. The testi;
mony for the plaintiff was completed
and part OF the testimony FOR the de-
! fendant was completed when adjourn
ment was taken at O'Clock until $50
| this morning. The remainder of the
| testimony for the defence will be taken
out aid the case argued this forenoon.
| A somewhat unusual action to be
tried in Kennebec county, which the
| attorney for the plaintiff in his OPEN
| ing termed malicious prosecution"
| was heard Friday before jury in the
| supreme judicial court. Justice Savage
presiding. The plaintiff was Mrs.
| Frances j. Libby of Dorchester, Mass,
and the defendant was Mark S. Col
| linS of Eeadfield, the proprietor OF the
MaranacoOk Hotel at Lake Marana-
cook.
The plaintiff alleged that she was ar
| rested at Eliot, Me-. in July, 1908. on
| the cnalge of defrarGing hotel, was
| brought to Winthrop detained under
| arrest for "a hours, but was discharged
| by Ju1ge John Cover of the Winthrop
municipal court after hearing. The
plaintiff alleged that because Of her
| arrest she suffered great ignominy and
| reprcach and was greatly injured in
| her health and reputation.
! Hon. George w. Heselton of Gardiner
and Herbert E. Foster of Winthrop
apeared as counsel for the plaintiff and
| Joseph Williamson and Ernest L. Nc
Lean of Augusta for the defendant
Six witnesses were sworn in behalf
of the plaintiff. Mrs. Libby was the
| first witness called to the stand. She
| testified that prior to her coming to
Lake Maranacook in 1908 her health
| had been good. At that time she un-
derwent a surgical operation, but had
never recovered from the effects Of it.
| The plaintiff related how she had made
arrangements with the defendant for
! a room in q cottage and took the room.
| Tie roof leaked so badly when it
| raineG chat the bungalow was not
| habitsble. but a brother of the defen-
dant said the roof would be repaired.
Attorney Hescltcn-"Was the roof
repaired"
plaintiff.-,"1t was not ..--.-.
Now what was the reason that you
| left?'
Because of the leaky roof"
Whom did you tell that you were
going to leave Maranacook?"
Il told Mark Collins, the defendant.
| that l was going to Readfeld and men
! in the employ of the defendant assisted
| in putting my baggage on the boat"
Continuing the plaintiff testified that
the next day after she had left
| Maranacooll she telephoned to the de-
| fendant that she had not been able to
| see him to pay him and the defendant
| replied that 1T would he all right at
| any time" or words to that effect.
Mrs. Libby testified that she after
wards enclosed eight dollars in letter
| to Mr. Collins as pay for her meals.
| not laying for the room on account OF
| the leaky condition of the bungalow.
When the plaintiff was arrested in
Eliot, the officer told her that the
penalty for the offence was 800 and
toHt'' vi Fit II'itlilS III JtAii' " 'e''>''''
after being taken to Winthrop by the
officers was locked in room over
| night. Witness was discharged after 4
| trial before Judge Cover at Winthrop.
Her condition became extremely ner-
vOuS after her return to Eliot. Wit
ness frequently had numbness in her
| left side and was troubled with dizZi-
ness os that she required continual
| medical attendance. Her weight fell
from 1lS pounds to 1857 pounds.
Witness testified that when it rained
the condition of the bungalow was
such that she was obliged to put on
machkintosh and hold an umbrella
over her head. Witness on cross ex-
animation testified that she agreed to
pay seven dollars week for table
board at the hotel and the rent of the
bungalow. Witness admitted that she
asked 10 leave the cottage she was oc-
cupyinS and occupy the bungalow.
Witness first learned at the trial at
winthrop that Mr.. Collins did not have
a license to run hotel. Witness ad-
mitted that nothing which Mr.. Collins
said was disputed at the trial. The
direct and cross examination of the
John g. eaton of Winthrop. form
erly deputy sheriff, testified that in
the year 1908 he served a warrant upon
Mrs. France j. Libby, given him by
Recorder Gage of the Winthrop mu-
nicipal court. Witness and Sheriff
Athome OF York county arrested Mrs.
Libby at her cottage at Eliot and took
her to Winthrop. Witness took the
plaintiff to his house at winthrop. She
appeared sad and cried q great deal.
Witness locked Mrs. Libby into room
over night and the following morning
accompanied her to the court room.
Witness told Mrs. Libby at Eliot that
there was no way Of settling the mat
ter except for her to go Winthrop.
Witness heard MIR. Collins ask Mrs.
Libby after the hearing f she would
pay the bill. Witness on cross ex-
animation stated that Judge Cover
| told Mr. Collins that there was no
way of collecting the bill under the
warrant. Witness had no authority
from anyone to make any money
settlement with Mrs. Libby.
Mrs. Ruth Yeaton wife of John G..
Yeaten of Winthrop, testified that Mrs.
4 II ~ ~11.1