Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1914-04-10
SUPERIOR COURT
Jurors Who Are TO Serve
Are EmpaneIled
Case Between Wayne and Read
field Consumes Greater
Part Of Day--verdict for Defendant
Is Reached

When superior court convened
Thursday morning the two sets of
traverse jurors were drawn for the
trial of cases They are as follows:
First Jury.
James w. Mosher of Rome, Frank
Page, Oakland; E. l.. Goodspeed,
Randolph. foreman; Howard E. Ring,
Gardiner: Harry Belliveau, Waterville;
Judson Hall, Gardiner; Frank Mar
shall, Winslow; Roy c. Pierce, Halo
we'll; Harry r. Petit, Waterville; Will
liam H. Lawrence, Chelsea; William
A. Blake, Oakland and r. D. Richard
son of Clinton.
Second Jury.
Lloyd C. Powers, Hallowell; Scott
Hewins, Augusta; Charles E. Hodg
kins. Litchfield; Frederick K. Gross,
Augusta; Allaston NJ. Dow, Augusta;
Archie G. Coombs, Vassalboro; F. M.
Stevens, Mt Vernon; James H. Allen,
Waterville; Harry L. Freeman, Hal
lowell; J. Henry Moore, Winthrop,
foreman; Howard L. Fuller, China;
and James F. Anketell of Gardiner.
Supernumeraries.
Charles F. Bilodeau, Augusta; B. d.
Patterson, Winthrop and Frank w.
Smith CT Waterville.
The first case for trial was that of
bertrand H. Smith of Wayne VS.. Hol
lis Bickford of Readfield in which the
former IS seeking to recover by writ
of replevin, n horse which he traded
with the defendant. Ellsworth w.
Peacock of Readfield appears for the
defendant and L. T. Carleton of VIM
throp for the plaintiff Attorney Garlic
ton IN his brief opening of the case
stated that the plaintiff traded horses
with the defendant some time in July
1918, and that the defendant was to
pay his client s25 boot money. Five
dollars of this money was paid and
the remainder was to be given with
in a week. The defendant did not live
up to his agreement but agreed to
trade back. When the plaintiff brought
the defendants horse back and the So
to secure his original steed the de-
PENDANTS reply was that he had
changed his mind. This being the
cause of the action.
Bertrand H. Smith, the plaintiff, in
the case was the first witness to tes-
tify. Witness testified that he had
resided in Wayne for II years. That
he dealt in stock to a considerable
extent. Witness stated that the de-
PENDANT Bickford came to his place one
day in July 1918, for the purpose of
talking trade Witness about 81 week
later went over to defendants place
in Readfield. Looked at defendants
horse and finally agreed to trade on
condition that Bickford pay him SIS to
boot. BiekfoTd did not have the whole
Of the money but paid s. down and
promised to pay the remainder in
weeks time. The trade was made
and Smith drove back to his home in
Wayne with his new horse. Two
weeks passed and no word or money
was received from the defendant,
Bickford Smith drove over to Bick-
ford's at Readfeld to see what was
the matter Upon arriving, Bickford
told MIN that he didn't have the $40
and did not know when he would have
it, A short argument ensued which
finally resulted that the two should
trade back and Smith should get back
also his SIS the next day. According
to witness he drove over to defendants
place the next morning and found
PENDANTS wife told him that her hns-
band had gone over to Kent's Hill, but
would be back soon. Smith drove
over to Kent's Hill and found Bick-
ford at Lawyer Peacock's house. Wit
ness informed him that he had come
after his horse and Bickford told him
that he had changed his mind and
that he could not let him (Smith) have
his horse.
Attorney Peacock cross examined.
Didn't you argue with Mr.. Bick-
ford to wait until he got his pay on
the road before you got your $202'
mo, sir
Didn't you tell Mr.. Bickford that
tho horse he let you have had a
broken back?"
Il think So
Wasn't it about days after you
traded that you went back to Bick-
ford's after your s20?'
IT think 1t was longer than that"
Fannie E. Pease with whom the
plaintiff lives took the stand and cor
roborated the testimony of Smith. At
torney Carleton rested his case at the
conclusion OF witnesses testimony
and court adjourned until $50 P. NJ.
Afternoon Session
At the opening of the afternoon
session Attorney Peacock opened the
case for the defence. From his open
ing statement, Bickford was not
anxious to trade, as he thought Smith
would want too much boot Finally
plaintiff said he would trade for $40.
Defendants reply was that he could
not pay that much. How much will
you give?" asked the plaintiff.
Twenty five dollars" replied Bick-
ford The trade was agreed upon,
on those terms. Defendant paid
Smith IS down and was to pay him
the balance of 500 as soon as he got
his money on the road.