Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-04-03
SUPERIOR COURT.
Howe vs.Sti|key HorseCase
Consumes the Day.
The Main Question Whether or
Not Horse Was kicker"
Jury Renders a Verdict in Favor
Of The Plaintiff.

The case Of Howe Us. Stlkey in
which John Dunlap. as administrator
of the estate of Mrs Nellie !. Howe
of Nassalboro. sought to recover the
sum OF $500 for the alleged misrep-
rcsentation of a horse which the de-
fendaant, Stephen Stilkey of Augusta.
traded with Mrs. Howe for one pair
of horses, was heard. Wednesday.
The plaintiff was represented by Hus-
sew 4 HolWay. while Williamson Bur
leigh & Mclean conducted the de-
fence. The ease consumed the en-
tire day, \ verdict was rendered for
the defendant.
Attorney Holway, in his opening,
declared that testimony would be in
troduced tending to show that the
defendant had represented the horse
as. kind. sound and perfectly safe for
Il woman tn drive, but that said hGrse
proved to be 4 kicker" and not safe
for even man to drive.
John II. Dunlap of Riverside. who
was working for Mrs. Howe at the
time of the trade. testified as to GO
inS to the Sulkey stable and neSo-
tiating for The trade. Later, accord
ing TO witness. he, in company with
Edward Caine, livery man at the
Stilkes stable. drove to the Howe
place in NassaIboro, and made the ey-
change Witness stated that for the
first two days the horse appeared 30
he perfectly kind, but that on the
first occasion of hauling wood with
the animal he began to kick, and
thereafter kicked continuously break
ing mp wagons and sleds. and in fact
became a dangerous animal for any
one to drive Witness further stated
that he took the horse back to the
Stilkey stable, and that the defend
ant said Don't bring that horse in
here The horse, it seems, was turn
ed loose in the street and was finally
taken by the city marshal. Witness
testified that the only thing that he
noticed about the horse when he first
saw him was that he had a wild
looking" eye.
Meiford L. Delano, also hired man
at the Howe place. testified as to the
horse kicking, and that he was not
safe 70 drive. Q. \. jackson OF Vas
salboro testified as to seeing the horsa
kick and partly demolish a wagon in
front of his place, anG that he assist
ed Mr.. Dunlap. who was driving the
horse ct the time, in freeing the ami
NAL from the wagon. When asked
by Attorney Williamson in cross-eX-
animation if - nc. would consider. it
strange if a load of wood should run
on to a horse and the horse kicked
would he call the horse a kicker"
On this question witness was not pos
tive as to whether the horse should
be termed as 4 kicked or not
Attorney Williamson 90: DO you
consider some horses intelligent
enough to Kick if they are not used
properly? (A): Yes. some horses
know enough to and others do not"
The plaintiffs attorneys rested At
this point.
Edward w. Game was the first wit
ness to testify for the defence. Wit
ness stated that he gave Mr.. Dunlap
a ride about the city before the horse
was finally purchased. Horse had al
ways been kind around the stable.
Miss Ida Larkin, the 13-year-olG
daughter of Joseph Larkin. then took
the stand. Larkin formerly owned
the horse which figured in the trade
Miss LarlIin. who was but IL years OF
age ut the time her father owned the
horse testified as to driving and lar-
Messing the horse, and that he had
always been kind and gentle. Joseph