Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-03-10
SUPREME COURT.
First Case Heard by JUS
tjce King, Thursday.
Trouble Over a Boundary Line
Marker al South Gardiner.
Personnel Of the Two Juries fol
This Term.

First jury--ticorg" Aver Of Nasal
boro foreman; c. +. Clark Randolph;
George r. Danforth Gardiner; Ed
mund II. Doe, Augusta: Arthur y.
Touglass, Chelsea: :. II. Drummond,
Wirslow: Wnslow; Edmund W. Fos-
ter. Wateryille: George W. Goodinan n,
Benton; VIII l.. Hilton, Augusta;
James :. McNaIly. Clinton; orren +.
SprGnlc. China; George Soule. Oak
land.
second i1ry-Charles r Douglass,
HalloweH; everett .. Dow, Water
Will, Theodore Hayes, Augusta;
Draper c. Jewell. Gardiner: Z. K.
Jones, Gardiner; Frank ". Libby.
Lltc hfipld y. T.. Marston, pittstou;
James l.. Romeo. WaterviIlc; Is. ".
Smith, Monmouth; William /. Sterling.
Watorville, foreman; John II. Tnolnp-
son. Augusta; y. y. Tobin. Fayctte.
Supcrnumaries-C II. Penney. Win
thrcr: +. l.. Robin. Sidney.
Tho first case on the docket was That
Of ". S. sawyer Of South Gardiner vs.
Emerson l.. Lewis Of South Gardiner
This was a tresaass action whereby
the plaintiff claimed that by tie plac
Inc of defendants property. he place.
1t in HE right Of way. ohstructing II
So that II Is almost impossible fo'
teams to get by, and cndangering lives
also damaging his property. The de
PENDANT claimed that he placed the
corner post in the same Identical spot
where an old railroad tie had stood
for 30 wears. that he had surveyor
survey the property, and that tf'
trouble came by the building Of o
fence by Eugene Tuttle. which mar
rowed the road. II. II. Sawyer Of Soutl
Gardiner. who was also one Of the
plaintiffs, appeared in their behalf
while VIII G. Atkins and Geor., w
Hesclton appeared for the defendant.
Eugene w. Tuttic Of South Caroline
was the first witness called b. thu
jlaintiff and itc stated that he livef
close by thc defendant and was famil
iar with the property I'm question ane
that on the 25th day OF May, 1910, ne
PENDANT put an iron stake i'll the right
Of way two feet from where the orfg
inal post stCod. On croSs-cXaminatior
he stated that he built the fence from
his own Judgment that he never had Il
surveyed. William Duffy Of South Car
diner was the next witness ana III
stated that he frequently used tn
right of way. and that stake was
driven two feet in the road BY the de
PENDANT. ON DISCRIMINATION he ties
tilted that lie saw tracks on Lewis
uropertv where teams had driven ont
il
Ernest Burgess. the next witness
stated that he at one time lived in the
house now occupied by Duffy, and h'
saw Lewis put up the fence last sum
Incr on cross examination he stated
thai It was difficult to drive out whcI
the old stake was there Finneas Nc.
PAcc next testified that he fotmerI
lived in the house occupied by Duffy
but that was * or 20 years ago; re
nacrloercd the right Of way and stated
that he went TO South Gardner
Wednesda" To look at ii and that tin
corner post was set in the wheel track
On cross-eXamination he stated tina
the road might have changed in
wears.
Elmer +. Annis testified THAT he hat
been familiar with the right OF way
for % years, and that in his cplnlol
the post that was set there by Lewis
is Is or Is inches in the road. On cross
examination he said that where thu
teams had struck it the post was lean
ed over. ]. T.. sawyer. one of the plain
tifts. testified that he had driven IL
there and had great difficulty in get
ting out.
This concluded the testimony Of th'
plaintiff witnesses, and the detenc
called Chester \. Phillips. who test
fled that tie tie was placed i'll it's po
sit;on by deceased Mr.. Titus, abou
% years ago. l.. NJ. Bernard, the sur
vey1r. was next called and he showed
lis records and told of the finding
the sleeper there. Charles ID. Meade
of South Gardiner, father-in-law
the defendant. WAS called and statet
that ne helped put up the new stalk
and that he found 4 part Of the de
caycd tie there. Willis G. Annis say
| teams strike the tie many times. Elm
erson l.. Lewis. the defendant. wa
next called and he said that lie was
| foreman Ct a section gang in Gardiner
| that he placed the new stake IN III
same spot where the old tie was, am
that he dug up part OF the railroad
| sleeper.
| Mira. Ruby Lewis wife of the de
| fendant, stated that the property va
in her name and that her husband
placed the post there at her orders
and that she helped them put up the
| fence. stated emphatically that she
saw teams strike the old post, ant
| that Mr.. Tuttles fence made the road
more narrow and t"ams ran into he,
garden.
| This concluded the testimony and Mr.
Sawyer and Mr. Heselton presented
! their cases.
Court adjourned until 10 o'clock Fri
| day morning.