Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1915-04-12

"S''oit Will dangerous weapon upon
Margaret Perkins Of Augusta; Dan
lei Mcclellan Of China. assault upon
Harry P. Reed Of China, March 81:
j. F. Huntington Of Gardiner. NUS
ance: Charles Freeman and Irma E.
Freeman Of Augusta. adultery. Jan.
Is at Augusta: Fred Lake Of Ran
dolph. breaking. entering and larceny
from the store Of Alfred Patneaude
Feb. -. Napoleon Loubie Of Water
viue, breaking. entering and larceny
from the Wentworth Music Co. Feb.
IL: Jose Maza OF Hallowell. assault
upon Mildred Gomez, April 9: Daisy
Thurley Of Augusta, larceny from one
Gracla Paulson Of one diamond ring.
March 20: Manuel Maza and Jose Ma
"a. assault with intent to kill Gabriel
Gomez Of Hallowen April 3; Gideon
Giroux Of Waterville, attempting to
commit larceny April at Waterville;
Edward Fontaine Of Augusta, larceny
from John Gavin. March IS: Fred Nc
Lellan Of China, assault with intent
to kill Harry P. Reed on March %.
The criminal docket will be called at
$50 Tuesday morning.
Forenoon Session
At the opening Of court Saturday
morning Judge Fred Emery Beane
charged the jury In the case Of L. V.
Robinson Of Schenectady. N. Y. VS.
Edwin Kelley of Vienna for alleged
breach Of contract. The jurors re-
tired at 1920 A. NJ. and remained in
elaboration upon the case until 10
p. NJ. when they reported a disagree
ment. They returned to the court
room but once during the days ses-
sion and that was for further in
struction from the judge.
AS soon as the Jury had retired in
the Robinson vs.. Kelley case the case
of House VS.. House was opened and
during the day practically all of the
testimony Of the case will be put in.
The attorneys will make their pleas
to the jury this morning. the judge
will charge the jury and the jurors
will retire to decide upon the case.
The attorneys in the case were Els
worth E. Peacock Of Readfield for
the plaintiff and l.. T. Carleton of
Winthrop for the defendant.
Attorney Peacock opened the case.
showing it to be an act of trover
brought by Sumner House of Wayne
against his brothers wife, Mrs. Cath
crime House of Winthrop to recover
tiff claimed had been given him By
Mrs. House in December. 1873, after
the death of her husband. on condi-
ton that the plaintiff would kill the
animal VIXEN he was through with It.
Some time later. Mrs. House. the de-
PENDANT asked Sumner House If she
could take the horse, and later he had
consented she drove away with it and
subsequently, had it put to death. for
the animal was 80 years of age. Nj.
Houses action is brought to recover
the value of the animal, which he
claims to be SIS.
Sumner House Of Wayne. the plain
tiff. took the stand and testified that
Dec. 10, 1918, Mrs. House. the defend
ant, had given him the horse and that
he was TO have it on condition that
when he was through with it he was
to kill it and bury it. And he told of
Mrs. House taking the horse away
later upon pretcrse that she wanted
TO drive to Liverfnore end afterwards
having the horse put to death.
Mrs. Emma House. wife Of the
plaintiff. testified that the defendant
upon the night her husband died, Dec.
:. 1913. said to her: Il don't know
what | am going to do And after
Mrs. Emma House had told her that
undoubtedly her husband, the plain
tiff would help her. the defendant had
said: L never thought Of that; how
thoughtful YOU are" And she told Of
Mrs House taking the horse away.
1t this point the Rse was suspended
until afternoon and the grand jury
made its report.
Afternoon Session
Elmer Thompson Of Wayne took the
stand al the opening OF the afternoon
session and testified that he had put
the horse in question to death under
the instruction OF Mrs. Catherine
House. He thought the market value
of the horse when he killed it, was
about SIS.
Fred L. Berry of Wayne. buyer and
seller of horses, stated that he thought
SIS the fair market value of the horse.
The defense would be to show that
the horse had always been the prop
erty of Mrs. Catherine House and that
there had never been gift of the
horse, according TO L. T. Carleton, the
attorney for the defendant.
Fred Haynes of Wayne stated that
Mr.. House had told him that he had
the horse to keep until Mrs. House
called for it.
Edgar Mclaughlin. street commits
sioner of Winthrop. testified that he
had asked Mr.. House. the plaintiff. if
Mrs. House would sell the horse and
the plaintiff had said No." and gave
him to understand that Mrs. House
would have the animal until it died.
Ella Chandler of Winthrop testified
that upon the day Of the funeral Of
Augustus House. she heard the plain
tiff and The defendant talking about
the horse and heard Mrs. Catherine
House say: Tn let YOU take the
horse for its keeping and when call
for it I shall take it," The plaintiff
answered. 'Iss your horse and YOU
can have it,
Emery H. Frost Of Winthrop testi-
lied that when Mrs House took the
horse away, the plaintiff had said that
she could take the horse. kill it or do
she wanted to with it but
she could pay for its board.
Miss Ora House, daughter Of the