Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1917-04-16
SUPERIOR COURT
Grand Jury Reports Finding of
30 Indictments - Verdict of
$50 for Plaintiff in a
Wayne Horse Case

A0s ttSSbA oANSA Wig 80
session since Wednesday morning. OF
these indictments IL were for miscella-
neous crimes and the remainder were for
attractions Of the prohibitcry law.
The following indictments were a
public: Hamit Michain of W~aterville, as
sault at Waterville March q, II. uSon
I'VE lear OF Waterville; frank L. Thomp-
son of Waterville. adultery; Lawrence
Smith of Randolph, larceny Of money
from Fred H. Dunning on Jan. II. IT;
George Robbins and william Seymour Of
Gardiner. breaking, entering and larceny
on March 26, II, from the store Of Alfred
B.. Crossman: Nellie Mcveigh Of Augusta,
fornication; Emma Carey Of Togus, COM
mon nuisance; P. -Houiehan Of Gardi-
ner. comma nuisance; Lettie Fallen and
Richard Fitzgerald Of Augusta, common
nuisance; Charles Goodwin Of Augusta,
common nuisance; Adolph Groder OF Wa
~terville. common nuisance; B. E. Bither
Of Augusta, common nuisance; William
Bourgette Of Augusta, common nuisance;
Gussie Page Of Togus, common nuisance.
Criminal Docket Tuesday
The criminal docket will be called at 10
o'clock Tuesday morning.
Wayne Horse Case
The traverse jury was just 20 minutes
in bringing in a verdict of $50 for the
plaintiff Saturday in the case of Clinton
l.. Graves of Wayne vs.. Stanley Holden
OF Wayne, an action for trespass in which
the plaintiff claimed damages in the sum
of $50. alleging that the defendant had
upon two different occasions mistreated
his horse by whipping 1t. f. E. Peacock
Of Readfeld appeared as counsel for the
plaintiff while the defendant was repre-
Office of Williamson. Burleigh & Mclean
of this city.
The plaintiff. Mr.. Graves. upon the
stand testified hat he Is a farmer and
drives the stage between Wayne and
North Leeds. lie said that about Aug.
q, 1916. he had driven up to t : postof1ce
at Wayne and Holden came out of the
postofiice and commenced to whip the
horse. He said that he did not want any
trouble with Holden, SO he started up
the horse and drove away. He said that
the second occasion was about Nov. IS.
1916. He had again driven up in front of
/ the postofice and had gone in with an
express bill against Mr.. Holden, and he
said he had had some talk with Holden,
who appeared to be under the influence
of LIQUOR. Holden had taken a whip he
had lust purchased and had struck the
horse several times, Mr.. Graves telling
him to stop it. Plaintiff testified that he
had then backed up the horse and mad
driven off bit that Holden had got into q
team and followed him, cutting him on
IN the road several times before he reach
ed his home. He had never given MI
Holden any license to hit his horse. fFlor
TO the whipping he had been accustomed
10 leave the horse anywhere wl1hou'
bitching but since he has not left the
horee "a be away any distance when the
horse was near the station.
I'pon cross-examination he said he ca
not know how much the horse was
worth but he would not take SSoo LOT
it uc.said that the horse had never
been afraid Of the trains and that Tor
five or six weeks after the whipping
he did no trust the horse SO FAR.
Allen S~tinchfield, postmaster at
WAYNE. testified that he OF
Mr.. Holden switching Mr.. Graves horse
with a whip but he could not remember
the date that it occurred. He had
heard Graves tell Holden to stop it. The
switching a livened the horse up and
when Mr.. Graves had driven away the
horses head was up in the air.
Defense
The defense. as stated by Attorney
Southland, denied that there was any
~, +ln Grct Infn o11pCpd In
regard to the second alleged date the
defense maintained that Holden had just
brought the snapper of the whip down
lightly on the back of the horse. Graves
had driven off and Holden got into his
team and followed along. And the de-
Tense claimed that there was no special
damage 20 the horse in the incident.
The defendant. Stanley Holden, testi-
fed that on August "a. 1916, he did not
strike Mr.. Graves' horse. Regarding the
second alleged whipping he said that
he had just purchased a new whip. He
had joked a little with Mr.. Graves about
the payment of an express bill and he
had then taken his whip and snapped
it lightly upon the horse. He had taken
his team and had followed Mr.. Graves
along the road for a distance. and had
said Good night" to Mr.. Graves. Graves
had responded You'll hear from this"
Graves had never asked him to pay any
thing before the summons into court.
After the summons was served witness
had got somebody to watch Graves
horse.
Upon cross-exarnination by Attorney
Peacock. the defendant said he had been
drinking a little at the time of the sec
ond alleged whipping of the horse. He
had followed Mr.. Graves for a distance
on the way home but had not cut across
his cam. He was not feeling pretty
good" by drink.
G. B. Swift Of Wayne. a blacksmith,
said he had shod Mr.. Graves horse last
December and he had not noticed the
horse had any particular condition of
Leroy Maxey Of Wayne testified that
at the request Of Mr.. Holden he had
watched Mr.. Graves horse and had not
seen any particular nervousness about
it.
Rebuttal
In rebuttal Mr.. Graves said ha con-
sidered Holden was drunk at the time
of the second alleged whipping. In 60
ing along the road Holden had cut