Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1917-01-20
SUPERIOR court
Gardiner Case of Robinson VS..
Jones Continued Friday and
Will Be Argued Today

The testimony in The case Of Robin
son VS. Jones was all put in at Fiji
days session Of the superior court and
the case will be argued by the attor-
neys at the opening IF court today. Aft
or all the testimony had been offered
Attorney Hcselton for the defendant. III
the absence of the jury renewed his
motion for non-suit on the ground
that the testimony had shown the &C
ton should be one IF assault and not
one Of negligence. The motion was de-
MED by the court ami exceptions were
( taken by Attorney Heselton
! The trial of criminal cases will be
commenced Monday morning.
! At the opening Of the session Friday
/ the case Of Newall q. Robinson of Gar
diner vs. Harry \. Jones of Gardiner
was resumed. AS the two members
! from Gardiner on the jury had been eX-
cused from hearing the case, one su-
pernumerary was called to serve and
by agreement of the attorneys the case
was heard before / jurors.
The defendant, Mr., Jones, continued
his testimony upon cross-eXamination'
! and testified that three or four years
ago he conducted q stable business and
he gave testimony regarding the
ploughing done on the day in question.
Upon redirect examination he said the
veterinarian had called at his farm four
times that October to see the horse, and
he testified regarding entries in his &C
count book.
George T. Galyer of Gardiner testi-
| fed that he rents the upper tenement
Of the Jones house and ne said that
during the past two or three years Rob
inson hasn't got along very we'll. al
though he had used A cane only IN the
last two or three weeks Robinson had
| told him one day that he had come TO
the Jones place to get off the street and
get away from rum, end that he would
recruit up and get we'll again Witness
unon cross-examination said he did not
know Jones was prone to violent tenn
per but he admitted that IN l9Iz Jones
had BACKED one of his eyes
Arthur G. Robinson of Gardiner. a
deputy sheriff, testified that he was a
cousin to the plaintiff and that he had
seen Robinson around Gardiner the past
few years and Robinson had carried
cane last winter. Robinson had acted
lame and said it was rheumatism and
that he had alcoholic neuritis. Witness
had seen Robinson walk lame at times
Upon cross-examination witness said he
had never heard Robinson complain Of
any trouble with his back.
Henry King of Gardiner said that
Robinson had told him he had rheuma-
tsm. Witness had known of Robinson
using crutches about 10 years ago and
had seen him fell down in the street
upon one occasion last fall. Robinson
had said he was going to Jones place
and try farming and see if he could not
get better
Charles ". Nelson Of Gardiner tes-
titled that last February or March he
had tried to employ Newall Robinson
but Robinson had told him he was not
in fit condition to cut lumber as he
had rheumatism and could not get
down to cut the trees.
John H. Meader Of Gardiner testi-
fed he had seen Robinson lame Last
spring Robinson had told him he could
not hold anything in his hand.
Harry l.. Jones, son of the defendant,
testified that he had heard Robinson
talk of lameness and say he had alco-
A-OA i-SdA4tic- INoEiIISoll Ildu given as
| his reason for leaving Jones' place that
ne had received ''call down" When
Roblnson left, there was no difference
IN his physical condition than before
Robinson had a cane at the farm but
ne dld not use it, Witness said the ac-
count book was used for Keeping the
iaoorers' time. After the suit had been
begun witness had put in the book
ABOUT Robinson leaving the farm.
charles H. Morrison. proprietor Of
me Central House in Gardiner, testi-
'ued that Robinson had stopped there