Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1916-01-12
SUPERIOR COURT
January Term Convenes Tues
day Morning-Juries lmpan-
eled, Docket Called and
First Civil Case Heard

First Civil Case Heard
tho January term of the superb,
oo,,rt for Kennebec county cohSeheo
<or.noon at the courthouse,
1,doe Fred Emery Beane OF Halloween
presiding. After prayer was ~
Rev. E. ". Weber OF Hano".' ~
forenoon session was devoted ~
calling of the docket and making up '''>
trial list .nced
Tho trial of civil cases was coHiieheeo
in the afternoon. the first IN oroei oe
th.t of J. Walter Stewart OF Wate1Sii.
-. the CITY of Waterville. The gram
i,,ry, renorted at AS P. NJ four secfe'
indictments to the court
Juries impaneled
Tho two iuries were impaneied al 'n>
forenoon session as follows:
E1rs+ iury-Leonard J. Arey. Nassa,
horo. Alfred D. Bartlett, Litcnheio' W."
liam n. Bush, Augusta; George e. w.
nv Gardiner; Clayton {. CumHilhss
oakland: F. H. Dunning foreman), na"
do,nh. John Hanson, Belgrade; e. =. II"
a-ah,m yassalboro; Roscoe W. Lane
W.tervi,le: F. NJ. Little. Pittston; Neisoi
v.il,ancourt, Waterville: Harry "A
Wood, Winslow. .,.,
Second jury-Frank E. chase,
Melvin O. Clough. Chelsea; stephen
Cunningham, Waterville; A. n. D''ila"
Oakland: c. II. Goodwin, Moniiiou'"
Frank II. Matthews (foreman)' W'hsioM
A p. Mosher, China; M r. Norcross
winthrop: Josiah B. Palmer. WaterViiie
" pettengill, Hallowell: Lawrence )
sidney. Augusta; Ernest c. Wyman
Sidney.
sunernumerary juror. Harvey z. GRIM
;n ua,,oveu. Excused: Josiah B. fai
NOR Waterville; Orlando kimoan' wa
terville: Clarence S. Jackson, Gardner
Avery o. Trouant, Augusta.
Attorneys Present
Tho following attorneys were present
the opening of the term: FRANK run.
s+ead. Mark J. Bartlett, F. w. Cialr' =
IN Drummond, A. II. Bridges I.
uussey. !. A. Letourneau, +. +. Brown
r A Blackington, all Of Watervllle; ="
= Atkins. Geo. W. Heselton. c. A
Knight f, H. Maxcy. all of Gardiner; e
| E. Peacock of Readfeld; n. r. roste
and l.. T. Carleton. winthrop geo ;"
Field. Oaklands p. A. Smith. RI. weeks
Fairfield; H. l.. Hunton, Oakland Attor
| new General w. r. Pattangall, San1or'
| 7. Foee. L. l.. Hight, NJ. E. SaWteHe
| Samuel Titcomb, Burleigh Martin. NJ. ii
| Simmons. Frank E. Southland. B. r. Ma
| her John b. Madore, John E. Nelson
+ M. THOMPSON, II. E. Locke, Count.
| Attorney w. II. Fisher Frank G. Far
| rington. all of Augusta; Emery 0. Beane
/ Hallowell.
First Case Opened
The first case up for trial was ina
OF DR.. ]. Walter Stewart or WaterNiii
VS.. the City of Watervllie IN "h'c'
Hon. W. r. Pattansall Of Augusta ap
neared for the plaintiff and City Sonc
! itor Carroll \. Perkins and FREQ W
| clair of Waterville for the defendant
| The case was suit brought pS II
| Stewart to recover for services as mea
insnector for the city OF WaterVliie
| the rate of IS per day from Jan.
| 1918. until Sept. so, 1915, the tota
amount of the bill being s11IO.
Attorney Pattangall stated in open
ing the case that the latter part OF IN
wear 1914 the Board Of Health OF wa
| teryille arranged regulations lot IN
F: inspection Of meat and in the latte
mart of December, 1914, meat cooe
which had been approved. came int
! effect as one of the health regulations
! II provided that the Board of Healtl
| should appoint a person as meat III
| spector to carry out these rules an
regulations DR.. Stewart soon a1te'
! started in on the work of meat lnspec
! tor. The work took up a large part
his time and required the use or
team when he visited the slaughte
houses and the markets. He worke'
through January, February and Marc
and no arrangements were made 10
his compensation. n new city govern
ment came in in March and the ne1
Board of Health on April appointe
! DR.. Stewart as meat inspector. Fror
month to month he presented his bill
| About Sept. 1, 1915, he passed to tn
Board of Health his res Snation fror
the position but the board did not &C
upon it. The doctor continued his wor
| through September. He never receive
his compensation and no pay was eve
agreed upon or salary ever fixed b
law The doctor performed his wor
under the direction of the Board o
Health and is entitled to compensation
| The plaintiff, DR.. Stewart, testified tina
he is a veterinary surgeon and was /
| the years 1914 and 1915 member OF tn
Board Of Health. He testified that h
attended to the work Of meat inspecto
until he was appointed to that positio
! on April s, 1915, and from that time h
continued to serve until Sept. 30. 1911
He rendered his first bill for services a
the April meeting and continued to rer
der bills to the Board of Health. H
described to the court his duties an
stated that he kept himself in READINGS
for calls at any moment. He state
that the amounts he collected in fee
during the first part of his work varied
Upon cross-examination by Attorne
Clair the plaintiff stated that he wa
| asked at meeting of the Board {
Health to serve as meat inspector.
DR.. Edmund P. Fish of Waterville. SEE
! rotary of the Board of Health, testifie
that he was the secretary in 1914 an
1915. He stated that DR.. Stewart pei
formed his work under the instructio
of the board and was elected meat n
spector on April T. 1915. DR.. Fish consi6
cred the charges NJ * per dav very Va.