Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1916-04-13
SUPERIOR COURT

Plaintiff in Case Of Smith vs..
Currier Awarded Verdict of /
$9.28 Skomra Wins Twp
Cases from Zeneike
Wednesdays session Of the superior
court was taken up with the case OF
Smith ct ais vs.. Currier. aplt., and two
other cases. which were being tried as
one, those OF zeneike W. SkQmra and
OF Skomra We. sZeineike. 4
There will probably be two more
civil cases for. trial and it Is not
thought that the criminal docket will
be reached before Friday :.
Smith st ale W. currier, Apt. .
At the opening Of the days session
the case Of Smith ct ais. VS.. Currier,
Aplt.. was commenced. This was an
action brought by c.. N. Smith, J. P.
Puranton and c. ]. Smith. all OF Halo
well. who are in business under the
firm name of The Cash Market against
John Currier. Of Hallowell on an &C.
count charging for groceries over
considerable period. The amount
claimed by. the PLAINTIFF was $2o.05.
Ffank e. Southard Of the law Office Of
Williamson, Burleigh & Mclean was
attorney for the plaintiff while p. F..
Maher appeared as counsel for the de-
PENDANT.
In this case the jury returned ver-
dict for the plaintiffs for 1928. which
was the amount that the defendant ad-
mitted he owed the plaintiffs.
The first witness was one Of the
plaintiffs. Charlie J. Smith. who read
from his book Of original entries Of
sales the various purchases made by
the defendant. showing each weeks
bill, and he also read the amounts paid
by the defendant. The balance due was
claimed to be $19.2S. Witness testified
that he never received a payment Of
SIS from Mrs. Currier.
Upon cross examination by Attorney
Maher witness identified his handwrit-
ing on defendants exhibits numbered
]. 3 and I. He said that he had never
received q payment Of SIS from either
Mr.. or Mrs. Currier and that he had
the book right in front Of him when
he was giving the receipts. He identi-
fed his handwriting on receipt for
$1s. which had been given to RS. Cur
rier.
. Defense
Attorney Maher stated that the claim
Of the defense was that the bill of
1928 should be reduced by SO on ac-
count Of a payment Of SIS made by
Mrs. Currier, making the balance due
the plaintiff 1928.
Mrs. John Currier said upon the
stand. that she always made the pay
ments Of money and she on one occa-
sion made payment Of SIS. her grand
mother being present 1t the time. She
had never changed or altered the re-
ceipt.
= Upon cross examination she testified
that she first found the mistake Of $40
in the account when the bill Of the
Cash Market was sent in.
Mrs. Eliza Allen, who Is Mrs. Cur
rier's grandmother, testified that she
was present at the time and saw, Mrs.
Currier make q payment of SIS at the
store. Witness thought the payment
had been made to Charlie Smith.
Witness upon cross-examination
could not remember the kind of cur
rency that was paid.
After the attorneys had made their
arguments. Judge Beane charged the
jury and at II o'clock the jury took
the case under consideration. At 12.40
p. M. the verdict was returned.
2AnAsL> A.. 0L~->~
The case Of Zeneike VS.. Skomra was
next in order. This was an action
brought by John Zeneike against John
Skomra Of Winthrop to recover dam
ages in the sum Of $500 on account OF
an alleged assault In which it was
claimed by the plaintiff that the de-
PENDANT struck him several blows will
his fist and boot and knocked him
down. cutting open his head.
Three witnesses, all Polanders, were
sworn in for the plaintiff. e. Zoub OF
Augusta acted as interpreter Samuel
Titcomb OF Augusta was attorney for
the plaintiff and Leroy T. Carleton of
Winthrop was counsel for the defend
ant.
The plaintiff testified that he had liv.
ed in Winthrop three years. is married
and has a child about three years old
The defendant had told the plaintiff tina,
at his house a letter had been left for
the plaintiff. On Dec 2s Of last year
he went to the home Of the defendant
and knocked at the door. He did not
know who answered the door. He did
not see Skomra 1t first but saw q wo-
man and two or three children. Wit.
mes had asked where John was and was
told that he was in another room. Skom.
ra then opened the door Of room. Wit
ness went into the room and asked Tor
his letter. Upon receiving It he noticed
that it had been opened. the edge being
torn of. He demonstrated with Skom.
ra whereupon the defendant commenced
to beat him. saying that he had not
opened It but Il was hts wife and child.
rem. The plaintiff said THAT is not my
business" The defendant had struck
him three times on the head with his
fist after which ha had hit him with a
big shoe. which he held in his right hand
Skomra had hit him on the right side
Of the head, causing wound. The doc
tor treated the wound and put in one OF
two stitches. The doctors bill amount.
ed to 81. AS q result OF the injuries
the nlafntfff could not resunne hte ,~rnrA