Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1912-11-19

There was . sort Of continuation o.
the October term of court ct tho cour
house Thursday. This was for the pur
pose of hearing the case, Daniel E. Mill
W. Frank P. Towne, which was placed
on the trial List ct the October term. Fol
some reason It was not tried, and thu
parties agreed that It should be heard b.
Judge Savage without jury. The DAFT
was cot for Nov. IA, with the understand
Ing that the hearing should be ~ Of the
October term, the parties having the
Same right of exception that they would
have II It had actually been heard at that
term.
Hon. James 8. Wright was attorney
for Mills, and Hon. A. ]. Stearns fol-
Towpe.
The parties to this suit are near neigh.
bors In what 10 known - the Yagger
neighborhood In Norway. In 1911 Mr..
Towne was caretsker Of the roads In that
section under Road Commissioner J. A.
Roberts, and this suit 10 brought against
him for trespass In throwing stones out
of the road, In the course Of making re-
pairs, into the grass by the side of the
road, where Mr.. Mills moved every
year, between the wrought part of the
road and the wall, within the limits Of
the highway. This was on the opposite
side Of the road from Mr.. Mills build
ings, but alongside . field which Is q
part Of his farm. According to the tes-
timony of Mills and his son, the stones
continued to be thrown ont after they
had protested. Mr.. Mills said that be
hed ivrnrovaI thIa porkiculor v,Sona of
roadside BY cutting bushes and carting
of the loose stones.
According to the testimony Of the de-
fendan.'s witnesses, the stones were
thrown only into the ditch, not out into
the smooth moving BY the side, and the
Mills father and son expressed their
protest by going out while Mr.. Towne
and Leonard Flint were working on the
road, and throwing the stones back into
the road. The defence also contended
that though this piece of roadside had
been regularly moved, Il was not really
improved land, but was practically In
the Estate that nature left It."
Whatever the merits of the case, It Is
evident that there was very neighborly
scene 10 Yagger on the 9th day Of May,
lo1I, Wu0u tuo uIet tuIOWiuS VI utouOc
complained OF Is alleged. On cross
examination regarding some Of the cir
cumstances of the affair, Mr.. Mills, the
plaintiff, was asked by Mr.. Stearns what
he said to Mr.. Towne by way Of protest,
and replied,
~ can't remember just what I did
say. might have called him a damned
fool. Think quite likely did"
"Did you call him any other names?"
asked Mr. Stearns.
~ shouldn't wonder II did,"
There was . little discussion by court
and counsel as to just what was the pur-
pose of this testimony, when the witness
broke in
"Msy it please the court, when frat
protested to Mr.. Towne, I did 1t in q
gentlemanly way. Then I got mad, and
used pretty violent language"
"That ought to serve your purpose,
Mr.. Stearns," said the court.
Judge Savage will give his decision
later.
This Ia q novel case In the Maine
courts. Suit has been brought by an
abutter against a road worker for cut
ting trees within the highway limits, on
land to which the abutter held title, but
never before, 1t 10 said, has an action
been brought for trespass In the form
alleged in this case.