Daily Kennebec journal., 1916-05-23
JUSTICE CORNISH
RESERVES DECISION
At MONDAY HEARING
On Petition of Residents of Riv-
er Avenue, Gardiner, Asking
That City Be Restrained from
Certain Operations in Connec-
tion with the Widening of
River Avenue

Associate Justice Leslie G. Cornish
reserved his decision at the close Of q
hearing held before him Monday at
the courthouse upon a petition for in
junction by Fred J. Doe and other resi-
dents Of River avenue. Gardiner, who
ask that the street department Of that
city be restrained from certain opera
tions in connection with the widening
Of River avenue in Gardiner. The
trouble came by workmen cutting into
front Of the Doe homestead and the
sacrifice Of a large elm tree. B. F. Ma
her Of this city and George W. Hesel-
ton Of Gardiner were attorneys for the
petitioner, E. H. Maxcy. city solicitor
of Gardiner, and W. c. Atkins Of Gar
diner appeared for the City of Gardner,
while DR.. A. B. Libby Of Gardiner was
represented by E. l.. Goodspeed of Gar
diner. DR.. Libby's residence is little
further down River avenue. 1t had been
planned to cut other trees.
The work Of widening River avenue
was brought to an abrupt hiatt last
week by means Of a restraint order
served upon City Clerk Milliken of
Gardiner against the city by Mr.. Doe
Of 63 River avenue. Mr.. Does conten-
tion was that for 40 years or more
there has been no claim advanced that
the land did not go with the premises
now owned by him and that the city
had no claim of ownership. The city
of Gardiner acted in the belief that
they were within their rights in doing
the work.
All the testimony in the matter was
put in Monday. the arguments were
made by the attorneys and late in the
afternoon Associate Justice Cornish, the
attorneys and other interested parties
went by automobile to Gardiner, where
they viewed the location. The restrain
ing order has been continued while
Judge Cornish takes the matter under
consideration.
William B. Peacock of Gardiner was
is So years Of age, that he had lived &c
years on the River road where he now
lives, that he is well acquainted with
the condition of the road as it existed
years ago, and that for so years or
more there had been fence where the
picket fence now is.
Upon ross-eXanlination he stated
that the picket fence was built along
the same line as the old wooden fence,
next to the sidewalk.
John E. Tarbox Of Gardiner testi-
fed that as long as the sidewalk had
been on that side Of the road fence
had been there. The picket fence was
built by E. B. Thorne. He testified up
on cross examination that the loca-
.:On of the new fence was not changed
rom that Of the old board fence.
H. E. Merriam Of Gardiner testified
hat before the picket fence was built
board fence was located there.
Fred G. Doe, the complainant, stated
- the stand that he had lived at
,3 River avenue several years. When
James H. Russ, one of the commits
sioners Of Gardiner. was cutting down
he elm tree in front of Does house
witness called Mayor Lamb and the
york was suspended. Four feet Of the
picket fence had also been removed
Upon cross examination witness
stated that he did not sign the petit
ion for a sidewalk there. He was
away when the embankment was cut
nto but was present when the tree
vas cut down.
DR.. A. B. Libby Of Gardiner testi-
missioner why the tree was cut down
md he had answered because t
shaded the road SO that the road
would not dry up.
Miss Emma Jones. who lives upon
he Doe place, statet that she was not
It home when the tree was cut down
,ut later at the Office of City Engi-
leer Leonard NJ. Barnard she had
heard Mr.. Russ tell Mr. Smith. the
highway commissioner, to go ahead
md cut down the trees that were in
he way. She had at one time asked
Ir. Smith the reason why the trees
we're to be cut down and he said that
hey were going to widen the side
walk. Mr.. Russ had stated once that
e was brought up in the woods and
lated trees.
James A. Jones of Gardiner stated
hat he had asked Mr.. Russ the object
# cutting down the trees and he had
answered that they did not look we'll
md that he hated trees. Upon the ar
ival of Mayor Lamb the operations
we're stopped. Witness lives upon the
Dow place.
Upon cross-examination witness
tated that he thought the sidewalk
ould be widened without cutting down
he trees and he stated that he had |
lever noticed any difficulty about the
cams passing in the road there.
Mrs. A. B. Libby testified that she
vas present when the tree was cut |
own and she had a few words with
fr. Russ. Mayor Lamb came along |
nd spoke with Mr.. Russ and no more
rees were cut down. Later she saw
1essrs. Smith and Russ talking to-
ether and Mr.. Smith asked her IL II
i'd not look better without the tree.
he said that she would have given
100 to save the tree and the reply had
cen made that if she had given SO IL
'ould not have been cut down.
Edward B. Thorne Of Augusta. for
lerly Of Gardiner, testified, that he
uilt the picket fence in front If the
roperty which he occupied for three
ears and later sold to Mr.. Doe. The
icket fence was put along the same
ne as the old wooden fence.
Defense