Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-03-13
SUPREME JUDICIAL COURT.
Verdict for Plaintiff in Case of Cole
VS.. Pierce.

The Cole VS.. Pierce case, in the SUI
preme court, went to the jury at 1855
a. NJ, Wednesday, and at 305 p. NJ
a verdict was rendered in favor of the
plaintiff, Pierce, awarding the sum of
$525.
The next case called was Wakefield
VS.. Kernes, in which the plaintiff,
Charles l.. Wakefield of Augusta,
brought suit against the defendant,
Philip j. Kerne of New York, in the
sum of $4672. for the board of one
horse for period of five years, at $12
per month, some ponies. and his labor
on the farm during those five years,
reckoned at $50 per month. The his
tory of the case is as follows: In Oc-
tober, 1907, Kernes, the defendant, who
is a business man in New York, and
who, accompanied by his wife, was aca
customed to make frequent visits to
the Wakefield home in this city, in
structed the plaintiff to look around
the country, if he found a suitable
farm that could be used for a sum-
mer home, to purchase the same and
he, the defendant would pay the pur-
chase price. Mrs. Wakefield, wife OF
the plaintiff, who is a cousin to the
defendant with Mr.. Wakefield and
son, were to live on this farm. which
was finally purchased, in Manchester.
and make it their home, but that Mr..
and Mrs. Kernes were to use the same
in the summer
Matters, according to testimony.
went along smoothly until the year
1911, when some difficulty arose be-
tween Mrs. Kernes and Mrs. Wake
field, which was claimed to have bean
OF a trivial nature but what eventually
resulted in Mrs Wakefield leaving
the place and coming TO Augusta with
ner son to reside in fact during the
spring of the aforementioned year
she was ordered to Vacate the farm bv
Mr.. kernes, but that if Mr.. Wakefield
decided TO remain, there vas no oh
lection. Mr.. Wakefield did remain that
summer and got things in readiness
for the kerne family, which expected
To pass a month or two on the farm.
AS soon as Attorney Maher. for the
plaintiff, had completed opening his
case, witnesses for the plaintiff were
introduced The first witness To be
called was the plaintiff, Charles l..
Wakefield. Mr.. Wakefield testified as
To the agreement between he and Mr.
kerne in regard 10 the CARRYING on of
the place, that he had put the great
er part of his time on the farm. with
the exception of time put in practfc
ing at his profession as a veterinary,
witness further testified as to the de-
PENDANT loaning him the sum of S20a
for needed purposes, and that as vet
the same had not been repaid. When
asked to identify about so letters that
he had sent Mr.. Kernes, witness a.
knowledged sending all but one. of
which he was not positive, as the sig
nature was not in his hand writing
Witness also stated that in 1912 the
barn burned, having caught from pipe
ashes which he left in his coat in the
barn. While working on the farm.
AT the afternoon session, Mr.. Wake
neId resumed the stand for cross-ex.
animation by Attorney Fisher. Fol.
lowing him came the testimony of
Mrs. Wakefield, who stated that she
tad been brought up in the same fam
ny as the defendant, and that friend
~ feelings and good will had always
existed between them. When cross
examined by Attorney Fisher she stat.
ca that she made out the bill against
the defendant, to recover for the worl,
on the farm, care of horses, ponies
ETC. as she could remember dates be,.
Ter than her husband Witness stated
that she gave the bill to her husband
that he might confer with counsel and
bring suit.
a M. Bowman of Manchester testi.
Ied as TO the collecting the taxes cf
Wakefield the first year that plaintiff
occupied the farm. Witness also stat
ed that the plaintiff was a constant
buyer of grain at his store. and he al
ways paid cash for what he got. RaIph
Mor1ili and James Morrill, testified "a
70 thelr working on the farm for
Nakefeld and that they received 81
per day for their services When ask
ea as TO the amount OF lumber on the
Iafm neither We're able to state.
MRS. Wakefield was recalled. and
stated that the insurance received on
the nay when the barn burned was
$2oO, and that $205 was received as in
sufanee on the farm implements. Aft
ef Attorney Maher had read certain
portions of letters to the jury, writ
ten by Mr.. Kernes TO Wakefield. conn
sci Tor the plaintiff rested their case
belore Attorney Fisher had finished
MS opening, court adjourned until
Thursday morning.