Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1917-09-08
SUPERIOR court
Grand Jury Reports 13
Indictments
Criminal Docket Viii Be Called Next
Tuesday Morning - Vsraiets for
Plaintiffs in Two Civil Cases Heard
Friday

ne nhCiH5 VI 10 indictments was
reported by the Grand jury of the
superior court which rose FRIDAY af-
terneon after holding sessions since
Tuesday. None of the indictments
were made public,
The criminal docket will be called
at the opening of court next Tuesday
morning
Two civil cases were completed and
a third was opened at the Friday
session. The jury returned a YER
dict OF s2s.s2 for the plaintiff in the
case of Mrs. Bernice Briggs ct al Of
Hailowell VS.. William c. West Of Au-
gusta. In the case af Mrs Alice
Farnham of Mt. Vernon VS.. Charles
Q. Weston ct al Of Mt. Vernon the
jury awarded the plaintiff the sum of
s94s2. The case of E. w. Hanks of
Augusta VS.. the Capital Park Asso-
citation was opened Friday afternoon
and will he continued this morning
Briggs ct al vs.. West
The case of Briggs ct al vs.. West
was somewhat similar in its facts
to that of Mosher VS.. West, aplt.,
which was head at Thursdays ses.
sion. The plaintiffs. Mr.. Childs and
Mrs Briggs, claimed the sum of SIS. IS
the balance due for wood sold under
an agreement between Mr.. Childs and
Mr. West The attorney for the plain
tiffs was Walter NJ. Sanborn of Au-
susta and Samuel Titcomb appeared
as counsel for the defendant:
Oscar Childs of Hallowell, A plain
tiff, testified that he is the father of
Mrs. Bernice Briggs, the other plain
tiff who is out Of the state. Mr..
Childs testified regarding the agree
nent between himself and Mr. West
and said that West was mot getting
the wood from the wood lot on the
shore Of Weber Pond as fast as
he should in order to haul it out be-
fore the snow left In the winter of
t915. The price had been agreed upon
1928 for first class wood and $50 Tor
second class wood lot. West told him
not to worry for he would pay for
what he did not get out. Plaintiff
said that about May he and West
made survey Of the wood at the
wood lot, numbered piles and there
was no dispute then about the amount
of wood left there or the price On
IL
one fer 500 and the other for $50
and these notes were paid when they
became due. Childs later sued West
for the balance due.
Upon cross examination Mr.. Childs
said that the wood was never sur
veyed by burlington Bros. and that
West did not object to the survey
made by Childs and himself West.
The defense was that the wood was
to be delivered by Childs and sur
veyed by Purinton Brothers under the
agreement between Messers Child a'-
West and that after that the wood
was to he pad for. The defense
claimed that Childs forbade Mr..
Raynes, the driver, to yard up the
wood in certain way and that the
wood was not surveyed by Purinton
Eros
The defendant Mr.. West, testified
the contract made about
the wood, saying that Purinton Broth
ers were to survey the wood and that
the cost Of survey was to be divided
between himself and Mr.. Childs;. De
PENDANT said that the season was so
bad he couldn't get all the wood out
and that when he and Childs went
un to Weber Pond to look at the
wood they did not make up a survey,
West had merely satisfied himself that
there was wood there to the amount
of $50. Defendant testified that he
was ready to pay the balance when
he received the wood.
Frank Raynes of Augusta testified
that the wood was to be surveyed by
Purirtcn Bros. by the agreement.
Childs had told him he should haul
the wood right through to Augusta
instead Of yarding it.
The Jury reached its decision in the
case in about an hour,
Farnham vs.. Weston ct All
The case of Alice Farnham of Mt,
Vernon VS. Charles o. Weston ct al of
Mt. Vernon was a suit to recover the
sum of S3495 which Mrs. Farnham
claimed was. due her for boarding Os-
car Tyler a workman who was en-
ployed at pressing hay at Mt. Vernon,
under an agreement made over the
telephone between herself and Mr..
Weston. 1t was admitted by the de-
PENDANT that all the charges in the ac-
count except the charges of s13 and
interest are due from the defendant
to the plaintiff Ellsworth e. Pea
cock of Readfeld appeared as attor-
rey for the plaintiff and II. s. Hun
ton of Oakland was counsel for the
The defense claimed that Mr.. Wes-
ton had never promised to pay the
board of Mr.. Tyler.
Hanks VS.. Capital Park Asso'n.
The next case in order was that Of
Hanks vs.. Capital Park Association,
in which the plaintiff, E. ". Hanks of
Augusta, claimed the SUM of $3l377 for
IS 500 feet of hemlock and pine lum-
Der he had furnished to the Associa-
ton for the building of stalls and the
srandstand in 1911. the price of the
lumber being SIS per thousand B. F,
Maher of Augusta was attorney for
the plaintiff while the defendant cor
poration was represented by NJ. S,
Of Augusta.
The plaintiff. Mr.. Hanks, testified
that the trade with him for the luH-
Der was made by the officials and d.
rectors of the Association at a meet
ng held at Purintons office in 1911.
Mr. Hanks had told the officials he
could give them as good or better