Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1917-09-07
SUPERIOR COURT
First of Civil Cases
Heard Thursday
Verdict of $41.4S for Plaintiff in Case
Of M. Jasper Mosher of Windsor VS..
William c. West Of Augusta, ApIt.-
Jury Reaches Decision in One Hour

| Jury Reaches Decision in One Hour
| The first Of the civil cases to be heard
at this term Of the superior court was
tried Thursday. it being that of NJ. Jasper
Mosher Of Windsor VS.. William c. West
of Augusta, Aplt. The jury returned
verdict for the plaintiff of s4l.4S.
| The traverse jurors came in at the
opening of the session and the two juries
were empaneled as follows:
| First jury-Foreman. Sherman L. Ber-
~, Waterville; w. A. Blake, Oakland;
Perry Brown, Benton; Benz. W. Cham
berlain. Gardiner; Edward J. Drury. Au-
gusta; D. w. Getchell, Winslow; w. w.
Gibbs, Oakland John n. Hall, China
Fred l. Leach, Hallowell; Leslie P. Loud,
Waterville; Charles W. Mathews, Water
ville Charles E. Murphy, Augusta.
Second jury-Foreman, Charles A Allen,
Waterville; Everett Blanchard, Hallowell;
Thomas c. Buckley, Augusta Augustin
Caret, Augusta; James S. Clark, Vassal-
boro; Lewis B. Cleaves, Winthrop; Ray
mond Colburn. Windsor; John W. Curtis,
Jr. West Gardiner; Benz. U. Dill, Gardi-
|
Chelsea; Fred B. Sturtevant, Waterville
| Supernumerary juror, W. B. Hayden,
| Winslow. Excused, Joseph E. Nichols
Augusta; Freeman F. Burr Wayne; Ed
ward Chase. Winslow; George c. Downs
Rome; Bert Jennings, Chelsea; Herbert
B. Libby, Litchield
Mosher vs.. West, Aplt.
The case of NJ. Jasper Mosher of Wind
sor VS.. William c. West of Augusta was
I court This was an action in which the
| plaintiff sued for wood amounting to
5000 as shown by the account, the wood
having been delivered to the defendant
according to the claim of the plaintin.
1t was claimed by the plaintiff that the
wood had been delivered to Mr.. West by
Kirk A. Latin of Windsor, who was sm-
ployed by the plaintiff. There was some
dispute about the account presented by
Mosher. Walter NJ. Sanborn of Augusta
appeared as counsel for the plaintiff and
Samuel Titcomb of Augusta was attorney
for the defendant.
NJ. Jasper Mosher of Windsor, the plain
tiff testified that he sold wood to Mr..
| west tHfS6 years ago, the WOOQ having
been delivered by Mr.. Latin in Mr..
Vests yard. but that West had not paid
him. although plaintiff had asked him
several times for the money Plaintiff
had sold to West previously and upon
each occasion the wood had been deliver
ed in Vests yard. Plaintiff had paid Mr.
Latin for delivering the wood AS the
wood was delivered Latin had turned in
| his account slips to plaintiff and the ac-
count was entered upon Moshers book
West had pointed out where the wood
should be left.
Upon cross examination witness said
that he is not a sworn surveyor West
had told him he was keeping no accounts.
Witness did not have the slips of Mr..
Laf1ins from which the entries are made.
He testified that he or his agent did not
haul away the wood from Vests yard
nor did he have talk about leaving the
wood in Vests yard until it was SOLD.
The payment by West on Feb. q was not
supposed to adjust the accounts.
Kirk A. Latin of Windsor testified
that he had delivered the wood in
question in Vests yard. Witness kept
his accounts in little book and these
accounts were transferred to Mr..
Mosher's account book. West had not
paid him any money that he had not
turned over to Mosher. Upon cross
examination he said he measured all
the wood as he loaded it. that West
had never complained to him about
the quality of the wood and said he
would not accept 1t.
Defense
The defense admitted the first five
deliveries of wood and that the amount
was correct but contended that the
remaining four loads were brought to
the yard, were inspected and were
r. jected by West, who informed Mosh-
err and his agent he would not accept
them but they could be left in his
yard. The defense claimed a further
payment of $40 by West for which no
q edit had been given.
The defendant, Mr.. West. testified
the. all the wood delivered after Feb.
10 was not accepted by him on &C
count of its poor quality and he had
I gifted Mosher and his agent to that
effect. Defendant said his customers
rad refused to buy the wood and he
had never used stick of it. He did
rot l'now what became of it.
Herr ert H. Latin testified that his
son. Kirk Latin. a previous witness.
had told him there was some wood
in Vests yard but after looking at it
he had refused to buy it on account
of the poor quality. He estimated
that there was about two loads in
the yard. West had said he had bought
wood Of Mosher and was having a lit
tie trouble about it.
In rebuttal Kirk Latin said that
all the wood sold to West was cut
by one man and 1t was a good grade
all the way through.
The case, was then argued by the
attorneys and Judge Beane gave the
charge to the jury. The jury reached
Its decision in about an hour.
Cases for Today
The following cases are in order for
trial at todays session:
377-Hill VS.. Peacock. Atkins; B. S.
Peacock.
46S-Schramm ct al VS.. Noyes &
Campbell Co. Williamson, B. &