Daily Kennebec journal., 1915-12-04

hearing was held Friday at the Ii
ate Justice Leslie z. Cornish as referee
on suit brought by NJ. S. Holway of
Kennebec County Agricultural Assoca-
tion, against James w. Butman of
Readfield for the right to the possession
of the fair grounds in Readfield. NJ. S.
Holway and John 3. Madore of Au
gusta were the attorneys for the plain
tiff while the defendant was represent
Cd by George w. Heselton of Gardiner
and Charles w. Cole of Readfeld.
The title 10 the buildings on fair
grounds is the question in dispute. The
defendant claims that the buildings
have been forfeited to him on account
of the Agricultural Associations fail
ure to pay the rent and maintain suit
able fence. The plaintiff claims that the
rent was offered but refused and that
the fence was in suitable condition.
All the evidence was put in Friday
and the attorneys will make their ar
guments at II o'clock this forenoon.
tiff and six witnesses for the defendant.
The majority of the witnesses were
present or past officers in the Kenne-
bee Agricultural Association.
Ellsworth L. Peacock of Readfield
testified that he had been president of
the Kennebec Agricultural Association
since 1911 and was the secretary from
1907 until 1909. He testified that the
last fair in Readfield was held on Sept.
25, 26 and 81, 1912, shortly after which
Mr.. Butman took possession of the
grounds and no fair had been held there
since. According to his testimony he
directed Mr.. Walker. treasurer OF the
association, to pay Mr.. Butman the
rent for 1912 under protest. He gave
Mr.. Walker these instructions in pur-
suance with a vote of the association on
Oct. Z, 1912. Mr. Butman had once
said that if the association would keep
the fence in suitable condition that ev-
erything would be all right but Mr. Pea
cock had replied that the association
did not have the financial means then to
go to work and build the fence. In
1913 it was voted to hold the fair in
Augusta. Mr.. Peacock stated that the
trouble between the association and Mr..
Butman began in 1911 when Mr.. But
man pIowed up and planted potatoes on
the grounds without the consent of the
officers of the association. but MT.
Peacock admitted that he could nnd
nothing in the lease which restricted
Mr.. Butman from plowing up the land
for tillage.
Fred A. Walker of Readfield, treas
urer Of the association, testined mat
on Oct %, 1912, he had gone to Mr..
Butman's house to offer him the rent
for that year, taking along the pro-
test. which he asked Mr.. Butman to
sign. Mr.. Butman read the protest and
took copy of it but stated that he
did not care to sign it or take the rent
until he saw what the association was
going to do.
Frank Bodge of Fayette, who was
the agent of the association In 1911
and 1912 and some years before; Fred
w. Brown Of Readfield, who was
agent of the association in 1910; DR..
Percy G.. Knickerbocker OF Readfield,
secretary of the association in 1912;
NJ H. McCausland of Readfield.. secre-
tary Of the fair association in 1913, and
one Of the trustees; and c. H. Stevens
Of Readfield, former treasurer OF the
association, all gave testimony con-
cernipg the condition OF the fence
around the fair grounds