Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1917-04-21

A'e'iu AiS iiShN iIhSu IL up ilC lilCI NCiiS
to Portland for good that after Mr.
Kinds had severed his business connec-
tons with Mr. Allen he had given Mr.
Allen the privilege of using his garage
for demonstrating his automobiles. Thir-
teen witnesses We're sworn for the de-
tense.
! Clarence S. Mitchell of Winthrop testi-
fed that at his garage he had converse
ton with Mr.. Allen, who had said he was
running the garage at Kinds himself and
that business was good And Mr.. Allen
had told witness to charge gasoline to
him.
John E. Mitchell Of Winthrop testified
| that he had worked on Mr. Aliens car
and had sold him gasoline. He had heard
Allen say he was selling cars for the
Maine Motor Co. He had made some
charges for gasoline for Allen and they
had not been paid
| Herbert w. Peck of Winthrop testified
that after Allen had finished working for
Mr. Kinds in the winter of 1866 Allen
! had worked awhile for him and had
boarded with him. In the spring of 1916
Allen had said he was going to run the
that he was employed by the Maine Mo-
tor Car co. under salary. Allen had la
ter told him he was doing first rate
w. NJ Stackford of Winthrop testified
that in 1916 he had installed a telephone
fcT Mr. Allen at the garage on the Kinds.
place and the bill had been sent to Mr..
Allen. The list Of Winthrop subscribers
in the telephone books offered by the o.
Tense contained the name, e. E. Allen.
George r. kimball of Winthrop testi-
fed that on Wednesday morning W. II.
Dyer, local manager of the Standard Oil
Co. had asked him in substance if he
wouldn't remember that the money Kinds
let Allen have was as loan Mr. Kimball
had answered that he wouldn't mention it
unless ne was asked Dyer had told him
! that he depended on his testimony. Wit
ness testified that Allen did a pretty good
business in 1916, making automobile trims
to Gardiner Skowhegan, Livermore Falls
and Pennington.
| Upon cross-eXamination witness could
not remember whether Dyer had said to
| him wouldn't remember" or couldn't
remember"
selectmen and assessors of the town, SAID
he had employed Mr.. Allen in 1916 to car
! ry the baseball team by automobile to
Skowhegan and Kent S Hill. Witness had
| paid Allen $40 for two trips and Allen had
! received additional amounts from the
players. Allen had told him that for the
good of the sport he would like to do 4,
as cheap as possible but if he didn't turn
| in just so much money for the mileage of
the cars he would hear from the COM
/ pany. Witness presumed Allen referred
! to the Maine Motor Co
! II S. Woodman of Winthrop said he
had paid Allen 5000 for automobile trips
for the baseball team, that amount being
paid by check, and he had also paid AL
! len some cash.
Ralph N. Caldwell of Augusta, who IS
in charge of the Capital Garage, testified
| that in 1916 he had asked Allen if he was
working for Kinds and Allen had said
NO | am running the place myself"
| Mrs. George Sturtevant of Winthrop,
daughter of Mr.. Kinds, testified regarding
Mr.. Dyer calling at the house and asking
for Mr.. Allen. On another occasion Dyer
had asked for Mr.. Kinds.
E. l.. Kinds of Winthrop, a cousin of
the defendant, said that he did not know
w. c. Kinds was connected with the bust
ness of the garage in 1916 Allen had told
him that he got 500 for one party he had
taken out and had showed a roll of bills.
w. C. Kinds, Jr., of Winthrop. grand
son of the defendant in the action, testi-
fed that one day in 1916 he rode down
street with Allen Merrill came out sf a
garage and asked Allen about pay. Allen
had said he would pay him some money
as soon as he could.
William e. Kinds Of Winthrop son Of
w. c. Hinds the defendant. testified that
he had told Merrill that Allen was run
ming the garage alone. Witness had seen
Dyer at the garage four times. On one
occasion Dyer told w. c. Kinds that AL
len had told him the bill for gasoline was
for him to pay. w c. Kinds had an
swered that he knew nothing about the
bill and would not pay It, Before leav-
ing Dyer said he would have to put the
bill in a lawyers hands and Kinds had
answered that he did not know ANYTHING
about the bill and would not pay 1t. An
other time Dyer had called but had said
nothing about the bill.
The defendant, w. G. Kinds Of Win
throp, testified regarding the arrange
ments he had made with Allen for the
season of 1915. In the early winter he
had told Allen that the agreement was
terminated and he never had any bus
mess agreement with Allen afterwards,
although he gave Allen permission to
keep his demonstrating cars in the gar
age. Mr. Kinds had ordered no gaso-
line from the Standard Oil Co. in 1916,
nor did he receive any. He had no
knowledge gasoline was being charged
to him by the Standard Oil Co. until
Allen had gone to Portland. Defendant
had received the bill from the Standard
Oil Co. for the gasoline and he told
Allen he had received the bill and that
he fAllen) must settle it. Allen had an
swered that he would attend to It, Mr..
Kinds had later seen Allen in CONVEX
sation with Mr. Merrill and after Mer-
rili had gone away. Allen said he had
settled it. When Mr.. Dyer called there
with the bill Mr. Kinds had referred
him to Allen. Upon another occasion
Dyer had told him he had seen Allen |
and Allen had referred him to Mr.. |
IT ho ~