Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1914-10-23
SUPREME court
Verdict of $1S25 Is Returned for
Plaintiff in the Case of Noyes
VS.. Cushnoc Paper Co.

Will oI the iare Alfred Thompson or Wa
terville was contested and in the case of
Noyes VS.. the Cushnoc Paper Co.
Court opened at $50 and the will case
was continued from the preceding after
noon. The case Is the result of an appeal
| being filed to the will as filed In the pro-
bate court Of this county. The appellant.
Mrs. Alice Loring of Portland. was rep
resented by Joseph B. Reed of that city.
The prepayment, Harry J. Thompson of
Salem, Mass, who is the beneficiary of
the will, was represented by Harvey d.
Eaton Of Waterville.
The case was notable in the slight de-
gree in which the facts brought out in
the testimony clashed From these facts
the opposing sides constructed their
| cases i'll widely differing differences which
were on the pro and con of the three
allegations of the mental capacity of the
testator, the exertion of undue influence
upon the testator in the making OF his
will and as to the legality of the sigma
ture upon the will
Mr.. Reed began his plea to the jury in
behalf of the contestant in the middle of
the forenoon. 1t was delivered with
thoroughness and competency and was
very clear in it's relation to the evidence.
Mr.. Eaton was obliged to suspend his
plea to the jury on account of the adj
journment of court during the noon hour.
The afternoon session opened at
o'clock and the counsel for the prepayment
continued his plea. His argument was
clearcut and forceful, as had been that
| of his adversary in the forenoon, and
drew with equal clarity from the facts
his clients case
The justice rendered his charge to the
jury in which he clearly set forth the
issues involved and the law by which
they would reach their verdict. The jury
retired at 800.
| AT 5,0S the jury returned to the court
room and stated that they had been un-
able to reach verdict. They returned
| to their room to come before the court
again at 5.20 wnere the testimony of
DIR. Bunker, who had been the physician
| of the late Mr.. Thompson, was read to
them. Once more they retired and at
o'clock returned a verdict sustaining the
will.
In the case of Reuel J. Moves VS..
the Cushnoc Paper Co. the plaintiff
sought to recover payment for the use
| Of hosting engine which he had let
out to the respondent in the summer
of 1912. The plaintiff was represented
by Frank G. harrington and the de-
| PENDANT company by Melvin s. Hol-
way.
| The case seemed to hinge upon the
testimony of the two principal wit
| nesses for each side, Mr.. Noyes and
Mr.. Lyman, president of the Cushnoc
Paper Co. The former testified that an
! agreement had been reached between
| himself and MIR. Lyman over the
phone some time in July of 1912. He
testified that the hosting engine had
been brought from Lewiston, where he
had had it, and had been taken by
| the company and had since been in
their possession according to agree
ment His testimony said that he was
to receive $3.50 per day for the use
of the engine, which might be returned
! by the company when they were
| through with it. He stated that five
| different bills had been sent to the
president of the company.
MIR. Lyman on the stand testified
| that an agreement had been reached
between Mr.. Moves and his company
in an interview on Water street; that
paid for the use of the engine it had
been understood that price of So
per day for the days which the en-
| CINE had been used would be allowed.
! This the witness stated had been the
agreement.
In their pleas the respective attor-
neys set forth their cases with equal
skill and force, each maintaining the
rights of his clients understanding Of
the contract.
The charge to the jury was. very
brief, stating that the case involved
a misunderstanding of two estfmable
men. The evidence showed two con-
tarcts between the two parties, the first
called for payment of $3.50 per day
for $50 days and according to the Sec
ond the defendant was indebted to the
plaintiff for 125 days use Of the en-
CINE, which had been brought out in
the evidence, at the rate of SO per day.
1t was for them, the court stated, to
decide which was just, and the jury
retired at SOB
Shortly before o'clock the jury re-
turned, having been unable to reach a
verdict. They retired to their room af-
ter further instructions from the court
and at 6.10 word was carried to the
court by Sheriff Colby Getchell that
the jury had signified that 1t would
undoubtedly be necessary to serve their
supper in the jury room.
A few minutes before 10 o'clock the
| jury reported after being out nearly
| five hours. A verdict for the plaintiff
for the sum Of $1825 was returned.
| Court Notes
| 1t Is announced that divorce cases will
be in order before the present term of
| the supreme court Monday