Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1917-03-15
SUPREME court
Case of Olga M. Gordon vs.. w.
d. Hutchins and William b.
Kendall Is Continued

nesday's session Of the supreme court.
although the testimony of good num-
Der of witnesses for the plaintiff was
offered.
At the opening Of the session Henry
D. Gordon of North Pittston resumed
his direct testimony. He said that at
Sullivan before the trade was made he
had conversation with Mr.. Hutchins
about cutting wood from "Sunnyside
Farm" witness testified he had asked
Mr.. Hutchins II he was willing for him
to use tho lumber there for the i'm
provements and payments and Mr.. Hut
ohins had told him to cut every stick
If he would use the stumpage for i'm
provements and payments. Later Mr..
Gordon had called Mr.. Hutchins' atten-
ton TO the fact he was cutting from the
place; he had sent Mr.. Hutchins a post
card to that effect Witness testified
he had also telephoned to Mr. Hutchins
Office. Witness said he later saw Mr..
Hutohins who turned him off from ques-
lions regarding the hay cut. He had
called Mr.. Hutchins' attention to the
fact there was no telephone there and
the orchard had been misrepresented
Mr.. Hutchins had answered that he
| would use him the best he knew how
but had told him he must make some
arrangements to pay up tho mortgage
or he (Mr. Hutchins) would have to
foreclose Mr. Gordon was not at home
when Mr.. Hutchins called. In 1912 Mr.
Gordon cut i've cords Of wood and sold
It and used the money for running ex-
penses and improvements on the farm.
He had cut 20 cords of lockwood for
which he got IS cord That money
was used for improvements on the farm.
He sold logs and lumber from the farm
| for $500, which he used for improve
ments on the place and for payments to
Mr.. Hutchins. and for insurance In
1913 he had cut about five cords of
wood from the farm and had sold them
and he cut about 1900 feet of lumber,
which he sold to the Glidden BOX Co.
And some lumber was used for i'm
! provements on the farm.
Continuing Mr.. Gordon SAID that in
1913 he bought two and a half tons
of fertilizer for which he paid s36 a
ton and he put this on the farm, as
well as ten loads of manure which lie
bought at Gardiner. Witness testified
regarding the different men who helped
him work on the farm and he described
their work. In 1912 he paid 81 for grass
seed and he seeded down one and three
quarters acres. In 1913 he seeded two
and half acres but it was not salts
factory. The hay cut in 1914 was Of
poor quality and amounted to about
four tons of meadow hay and eight tons
of English hay. Witness estimated
$500 was the value of the permanent
improvements made on the farm during
his occupancy.
Attorney Hczelton read a large num-
Der of communications which had
passed between Mr.. Gordon and Mr..
IIutchins
Ernest f. Dunton of Whitefeld select
man and overseer of the poor of that
town. was the next witness. The cross
examination of Mr. Gordon was post
poned until later. Mr.. Hutchins said
ms cousin had once owned the farm in
question and he considered $50 a fair
rental of the farm each year in 1912
1913 and 1914, that amount being be-
side the taxes Witness spoke Of some
of the improvements made on the farm
by Mr.. Gordon. He said he had cut
one pine tree from the farm but it had
made poor lumber.
[ pom cross examination he said the
stick he cut made $40 feet of lumber
but there were black knots in it.
John +. Leonard of Whitefeld said
ne had worked on the farm more or
less for IS years. in 1911 he pressed
about II tons of hay from "Sunnyside
Farm but there was no good hay. The
small pine grove on the farm consist
cd of about "a trees. He considered $50
with taxes and insurance a fair rental
value each year in 1872 1913 and 1914.
Witness upon cross examination said
1t was about II years ago when he cut
lumber down there. He remembered
that at the former trial he testified
that all he knew about the lumber on
the farm was seeing the tops of the
trees from the road.
Thomas Ward of Whitefeld testified
that he lived on the Gordon farm in
1908, and he thought it was vacant in
1905. 1909 and 1910. He had helped Mr.
Gordon on the farm and he spoke Of
the work done. He said the quality OF
hay cut there in 1911 was ordinary and
he thought $50 with taxes and insur-
ance was a fair rental value of the
farm each year in 1912. 1918 and 1914.
He said the pasture was poor for graz
ing purposes and the apple trees were
not thrifty. He thought Mr.. Gordon had
improved the place $500.
Upon cross examination witness said
he tries to get new piece of land
seeded each year. He told of the work
Mr.. Gordon did on the farm.
Other witnesses who testified regard
ing the Gordon farm were William
Jewett of North Pittston. John Dunn
of Pittston and William Runey Of
Whiteffeld.
Mrs. Sarah J. Gordon of North Pitts
ton testified that she is the mother of
Henry D. Gordon, who had given testi-
mony previously. She said she first saw
Mr.. Hutchins when he came to their /
house at Sullivan. Witness testified she |
was opposed to leaving the old home !
and had said to Mr.. Hutchins that she !
had seen run down farms, and Mr. (
Hutchins had answered that sunny
side" was not a run down farm. Mr..
Hutchins had said, witness testified,
that the year before rs tons of good
hay had been cut from the farm and
had been sold for $50 a ton, and the
applies had netted from $50 to $50. She
had read the two pamphlets describing
the farm. She testified regarding work
Mr.. Gordon did at "Sunnyside" after
they had moved there from Sullivan,
this work Including the painting and