Daily Kennebec journal., 1916-09-16

quiries Of her neighbors but could not
learn where it was. Mrs. Whittier,
who also sells cats, told her upon two
different occasions that she had not
seen the cat and upon another occa-
sion asked Mrs. Packard if she had
found the cat. Later. Mrs Packard
learned that Mrs. Whittier had caus-
ed the cat, to be killed by her dog.
Mrs. Packard then procured a search
warrant and in company with Deputy
Sheriff McCausland and Attorney
Peacock she went to the Whittier farm
and there she found her cat buried
beneath a tree. Mrs. Whittier then
said that the cat had been killed by
her dog.
In the second case, that Of Mrs.
Whittier VS.. Mrs. Packard, the claim
of the plaintiff was that Mrs. Pack
ard was the owner of large, white
cat, which was allowed to run at
large. On May 16, 1916. the plaintiff
missed five of her white kittens. Late
that afternoon Mrs. Whittier and her
nephew, Wallace Shepard, were in
their cellar, getting potatoes. The dog
dragged out one of the kittens, which
it was claimed had been killed by the
defendants cat, and later the other
four kittens were found dead. The
dog found the white, Angora cat, be-
longing to Mrs. Packard, behind some
boxes in the cellar and Immediately
killed it, Mrs. Whittier thought that
the value of the five kittens was
about $25.
Mrs. Packard upon the stand testi-
fed that in May, 1916, she missed her
white Angora cat, that Mrs. Whittier
told her upon two different occasions
that she had not seen it and that up
on another occasion had asked her If
she had found the cat. Mrs. Whittier
| told her that something had killed the
five kittens but did not say that Mrs.
Packards cat had done it. Witness
gave testimony concerning the find
ing OF her cat buried in Mrs. Whit
, tiers yard and she considered the
value Of the cat $50. She also stated
that she had put in one week in try
ing TO find The cat.
/ Fred W. Brown of Readfield said
THAT ha had never known of the An
CORA cat killing any kittens.
Fred s. Packard, husband of Amy
I Packard, testified that the cat had
(
DR.. Charles L. Wakefield of Angus
ia, a veterinary surgeon, testified that
Ne was Il dealer in long haired cats
and that he had offered Mrs. Packard
$40 TO. the white AnSora cat. He
thought the value Of the kittens men
toned would be 81 each when they
were Two months Of age. He had new
cr heard Of 4 male cat which mingled
with kittens at home killing other kit
tens.
Mrs. Nellie Brown of Readield de-
scr;bed the cat as being beautiful and
she had seen the cat mingling with
kittens.
+. l.. Townsend of Readfield had
never seen the white cat around his
farm.
The jury retired and attorney Cole
made a motion that in the case Of
Packard VS.. Whittier the court direct
verdict for the defendant on the
grounds that the plaintiff had failed to
show that she was not at fault but
rather had admitted that her cat had
trespassed. The court denied the mo-
tion, leaving the case for the jury.
Mrs Abbie c. Whittier then gave
her kittens dead. 1t was claimed they
were killed by Mrs. Packard's cat. She
admitted that after the dead kittens
had been found her dog had killed the
Angora cat. The value of the five kit
tens she placed at SIS. She also tes
titled that Mrs Packard had said when
she learned that the kittens had been
killed: well, my cat never killed the
Kittens" and had suggested that a
neighbor's cat might have done it.
Wallace Shepard of Readheld, Mrs.
Whittiers nephew, testified as to the
finding of the kittens which had been
killed and the killing of the cat by the
dog. He also testified that he had not
set the dog upon the cat.
| In rebuttal Isaac Lovejoy Of Read
| field testified that Wallace Shepard
had told him that Mrs. Whittier had
made him set the dog upon the cat
and Mr.. and Mrs. Packard gave testi-
mony which corroberated this.
Mrs Whittier in sur-rebuttaI said
that she had nothing to do with set
| ting the dog upon the cat.
The case was given to the jurors a.
80 p. m, and they returned in one
hour with their verdict.
Today's Case
The last Of the civil cases Is assign
ed for trial this morning, it being No.
! 63s, Pauline L. Rogers of Belgrade VS..
Stephen B. Blaisdell and George r.
Tracey, both of Belgrade. Samuel Tit
comb of Augusta is attorney for the
plaintiff. and johnson & Perkins Of
Waterville will appear for the defend
ants.
| 1t is expected that the grand jury
which has been in session since Tues
day, will finish its duties today and
make its report.