Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1917-03-14
SUPREME COURT
Case Of Olga M. Gordon vs.. w.
D. Hutchins and William B.
Kendall Is Opened-To Be
Continued Today

At the opening of Tuesdays session
OF the supreme court the last jury trial
for the March term was begun. that Of
Olga NJ. Gordon Of Pittston VS.. w. D.
Hutchins Of Augusta and William B.
Kendall of Bowdoinham. This is an ac-
ton of assumpsit for money had and
received, based on alleged fraud in the
sale of farm in Whitef1eld. the
amount claimed being $4,000. G. w.
Heselton Of Gardiner appeared as
counsel for the plaintiff. while the de-
PENDANTS were represented by e. L. Nc
Lean and Frank e. Southland Of the
law Arm of Williamson, Burleigh &
Mclean of Augusta.
The entire session was devoted to the
hearing Of the direct testimony of one
witness for the plaintiff, and the case
will be continued today.
Attorney Heselton in stating the case
pointed out that the claim of the
plaintiff was that the farm in White
field purchased by the plaintiff from
the defendant had been msrepresented
by the defendant and his agent. The
plaintiff claimed it had been represent
ed that there was q telephone at the
farm, that the buildings were in good
repair, that the pasture was sufficient
to pasture 10 head of stock and there
was fence for the pasture. that there
was maple grove with sap orchard
OF 200 trees, that there was an orchard
of so or IS apple trees. that the orchard
was fenced for hogs and had been
worked by hogs in 1911, that there was
cnnn1V nf OH
trees. that the farm cut IS tons of hay
in 1911. that the % tons of merchant
abb English hay had been pressed and
sold in 1911 for $50 a ton, and that in
1911 from $50 to $50 worth of apples
had been sold.
The first witness was Henry D. Cor
don of North Pittston, formerly of
West Sullivan in Hancock county Mr.
Gordon testified that he had always
been engaged in market garden bust
ness at West Sullivan. In the spring
Of 1912 he received a catalogue from
Mr.. Hutchins, and the correspondence
between the witness and Mr.. Hutchins
regarding "Sunnyside Farm" was read
by Attorney Heselton. Witness said
that Scott Barnes. an agent of the
Hutchins Co., showed him around the
farm on cold, rainy day and they re-
manned at the farm only about an hour.
After Mr.. Gordon returned to his home
he received a letter from Mr.. Hutchins
ana later MI. Hutchins visited him at
his homo in Sullivan and they
had some conversation regarding Sunny
side Farm. Witness said that Mr..
Hutchins had made statements about
getting SIS ton for hay from the
farm sold at Boston, and about receiv-
ing from $50 to $50 for apples. Mr..
Hutchins had agreed to take a mortgage
for $1,000 on the Sullivan property and,
according to witness, a mortgage deed
was made up by Mr.. Hutchins. from
Olga NJ. Gordon to W. D. Hutchins Aud
before Mr. Hutehins left that day Mr.
Gordon had made arrangements to buy
"Sunnyside," although witness received
no paper in return then. Inside of Il
week after that Mr.. Gordon arrived at
"sunnyside" with a load of goods.
Witness spoke Of repairs he had found
were necessary on the farm buildings
and he said that Mr.. Barnes told him
that D tons of hay had been cut at the
farm and sold at Boston for $40 per
ton. Witness said he got only crop of
seven ""res Of hay from the farm and
that was poor Eugush hay. lie had
seen Mr.. Barnes later at Gardiner and
had told him that Mr.. Hutclins had
promised to visit hin, often. Mr.
Hutchins had told Mr.. Gordon that it
had been poor year for nay Witness
said that the representations ne relied
upon In taking the farm were regarding
the hay and apple crops: he expected the
profits from these to pay the interest
and taxes and enable him to make pay
ments. Witness said he later got re-
liable information about the hay cut on
the farm in previous years He testi-
fled that there was no telephone in the
house. and that upon one occasion Mr.
Hutchins had told him that any bust
ness Mr.. Gordon did with Mr.. Barnes
would be satisfactory TO him. Witness
testified concerning repairs he made on
the house and farm and he said that in
1912 he bought fertilizer and manure
He had paid Ellis Starks $3.50 for labor
for six months, and he hired Charles
Starks and Ralph Bunker at times. He
had called Mr.. Hutchins' attention to the
improvements he had made on the farm. !
There was hawk weed on the farm, and
on the newly ploughed land. Mr.. Cor |
don had received some rental from the
Sullivan property.
A large amount Of correspondence
between Messrs. Gordon and Hutchins
was read by Attorney Heseltine just be-
fore the close of the session.