Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1916-10-11
SUPREME court
October Term Convenes Tuesday
at the Courthouse - Trial of
Case of Merrill VS.. Odiorne
is Commenced

The October term of the supreme ju-
dicial court for Kennebec county con-
vened at 10 o'clock Tuesday morning
at the court house, Associate Justice
Leslie c. Cornish Of Augusta presiding.
The case Of 0. p. Merrill of Pittston
VS.. Joseph E. Odiorne of Whitefield
was opened at Tuesdays session. This
is the second trial VI the Merrill vs..
Odiori1e case, the verdict of $4,000 for
the plaintiff which was returned at
the October term of the supreme court
in 1914 having been set aside by the
law court The only witnesses examin-
ed Tuesday were the plaintiff and his
wife. The case will be resumed at the
opening of court this morning.
Opening Of Court
At the opening of the term of court
prayer was offered by Rev. Paul S.
Phalen of the Unitarian church The
Juries We're then impanelled and the
docket was called by the clerk of
courts.
Upon motion of John +. Nelson Of
Augusta. Charles j. McGraw of Angus
ia was admitted to practice in Kenne-
bee county.
At a meeting of the Kennebec Bar
Association held in the law library in
the forenoon the officers of last year
were reelected for the ensuing year,
they being: President, l.. T. Carleton of
Winthrop; vice president. o. 3. Clason
OF Gardiner; secretary, c. l.. Andrews
of Augusta, and an executive commit
tee.
The Kennebec Law Library Asso-
citation also held meeting in the fore
noon. re-electirg the officers of last
year: Clerk. c. l.. Andrews of Angus
ia; treasurer, G. w. Jones of Augusta :;
Former Chief Justice Will
liam p. Whitehouse of Augusta.
The deputies who are assisting Sher-
if Colby Getchell at this term of
court are John A. Foster of Winthrop:
Edward F. Rice of Augusta. in charge
of the first jury; Edwin Bullock of
Windsor, in charge of the second jury.
The court stenographer is Fred L.
Wilson of Portland. Frank l.. Page of
Augusta is court messenger.
Juries Empaneled
The juries were empaneled as follows
First jury--C. NJ Appleton, Vassal-
boro; n. L. Cobb. Winthrop; Claude G.
Cole, Augusta (foreman Judson S
Currier Hallowell; Edmund w. Eos.
ter. Waterville; Silas Hamilton. Gardi-
ner; A. w Lane, Nassalboro; Allen F.
Lewis, Farmingdale; Joseph Ludlow
Waterville; Oliver ID, Sprague. Gardi-
ner; Orrison /. Stone, Augusta: Pres
colt A. Wood. Augusta.
Second jury-R. f. Bragdon. Pitts
ton; Leverett o. Dow. Waterville; Har.
ry E. Goodrich. Augusta; George Gray
Gardiner; j. A. Hodges, Winslow; Sid
ney knight, Litchfeld; Harry Morrill,
Chelsea; n. S. Rhoades, Winslow; J. +,
Tompkins, Monmouth; Y. f. Trouant
Augusta; l.. ]. Wilson foreman), Oak
land; William H. Withers, Belgrade.
Supernumerary jurors-A. II. Lord
Oakland; David L.Robbins, Oakland.
Reconsideration A. Brown, Benton
Harry E Green, Waterville: w. D
Haines, Waterville; c. F. Smith, Win.
throp.
Attorneys present
The following attorneys were present
at the calling of the docket: H. D
Eaton, Frank o. Dean, Fred w. Clair
c. w. Hussey and +. E. Brown, all of
Waterville; George w. Heselton, Z. L.
Goodspeed. E. II. MaXcy, c. A. Knight
w. c. Atkins and @. 3. Clasonj Gardi-
ner; Arthur S. Littlefield. Rockland; E
C. Ryder. Bangor; Percy Smith, Fair
field; Edward n. Merrill Skowhegan
throp: f. f. Peacock, Readfield; Judge
Fred f. Beane and Emery o. Beane
Hallowell; George w. Field, Oakland
Frank G. harrington, County Attorney
w. II. Fisher, Herbert E. Locke, Frank
f. Southland, B. +. Maher, W. NJ. San
born, NJ f SaWtelle. Sanford l.. Fogg
NJ S. Holway, John f. Nelson, Charles
l.. Andrews, f. l.. Mclean. Frank l.
Dutton, James l.. Boyle +. j. c. Lit
tie, l.. L. Hight, all of Augusta; E. w
Philbrick of Boston, Mass.
Merrill VS.. Odiorne
After the calling of the docket the
trial of cases was commenced the first
in order being that of o. p Merrill OF
Pittston VS. Joseph E. Odiorne of White
field. The attorneys for the plaintiff
were G. w. Heselton and Maxcy & Good
speed of Gardiner while C. A. Knigh,
of Gardiner and A. S. Littlefield OF
Rockland appeared for the defendant
The action was for alleged malprac-
tice, the amount of damages claimed by
the plaintiff being $4,000. The claim OF
the plaintiff was that on February 12
1913. he had his leg broken below the
hip and he employed the defendant to
set the bones of the leg; the defendant
undertook to reduce the leg, yet he did
not reduce it or set the bones in skill
full manner: the broken bones were no,
kept in their proper place and the ends
of the bones went by each other three
inches: the defendant on May 2, 1918
broke the leg and reset it. and AGAR
conducted himself so unskilfully thai
the bones were again out of place; the
leg became sore and painful and it was
shorter than it should have been: anC
the plaintiff lost the use of the leg fol
the time and this prevented him from
attending to his business, that of farm
ing.
~ nf ho 1afa