Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-08-27
UNIQUE FEATURE
In Civil Case Heard by
Judge Lancaster.
Can Witness Collect Fee Other
Than Statutory Allowance?
Four ArraIgned for Inioxication...
Alleged vagrant Discharged.

A civil case heard by Judge Lancas-
ter Of the municipal court, Monday
morning, presented a unique feature
in court cases. 1t was the question as
to whether or not a witness can col
lect for his services a fee other than
that allowed by the statutes and, so
far as the lower court is concerned,
is still undecided as Judge Lancas-
ter's ruling was for the plaintiff and
an appeal was taken.
Tile plaintiff in the case was Henry
f. Hill, an Augusta civil engineer,
while the defendant was Eliery w.
Wentworth, postmaster of Winthrop.
The sum for which action was
brought was $40, that being one half
of Mr.. Hills bill for three days ser
vices at Sc a day and 81 travelling ex-
penses, the other half of the bill being
paid by W. C. Sprague of Winthrop.
C. L. Andrews appeared for Mr.. Hill
ard II. e. Foster of Winthrop for MIR.
Wentworth.
Last December Mir. Hill surveyed
out a line, which was in dispute by
Mr.. Wentworth and Mr. Sprague. Ac-
cording to the testimony of those in
terested Mr.. Hill went out TO make
the survey and previously had made
his: price as Sc a day. When he arrived
at Gle scene of the work he was in
FORMED that he had. been selected to
do fthe work by the court. the two
gentlemen then being in litigation
over the line. He then told the parties
that Ihe would do the work and make
a plan for the amount he should re-
eeive from the county and that what
ever it amounted to ever that amount
should be paid for by both men. Mr..
Hill testified that he received SIS from
the county and that March It'll, while
in winthrop, on his way to Kineo
where he was working for the Maine
Central Railroad, he was subpoenaed
by the counsel for Mr. Wentworth to
CONF to Augusta, to testify in the
ease. For his three days services, one
day in attendance at the trial, and
two days spent travelling to Augusta
and return and the necessary ex-
penses Mr. Hill presented a bill
amounting to $50, one-haH of which
Mr.. Sprague promptly paid. 1t was
for the remainder that MIR. Hill sued
Mr.. Wentworth. This much was
brought out in his direct testimony.
ON cross examination Mr.. Hill tes-
tilted that his bill for services to Mr..
Wentworth was but Sc a day but that
he charged the county SIS because
that was what he could get and that
he suited his value of services to his
customers. He admitted that while
he was in attendance at court nc was
also receiving his usual pay from the
Maine Central Railroad.
w. G. Sprague of Winthrop testified
to telling Mr.. Hill that he had been
appointed by the court to survey the
line and that he had paid his pro-
portional part of the excess bill
brought by Mr. Hill. -
Mr.. Foster, in opening for the de-
fence, said that it would be along the
line that his client was not RESPONSE
BILE for any fees other than those fixed
by the statutes and that there was
no understanding to what Mr.. Hill
should have for coming into court.
Mr.. Wentworth's testimony was brief
being to the fact that Mr.. Hill had
surveyed the same line once before
and that he charged but s.. He re-
called that Mr. Foster had asked MI.
Hill to note a part of the land from
which MIR. Sprague was said to have
cut trees and that there We're at least
9S trees cut. MIR. Hill on the stand
testified to noting about so and that
he had not shown them on the plan
of the land he made for the parties.