Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1918-03-13

that he had not received pay for 3S,4l6
pieces of fir and pine logs. At later
conference witness had acquainted Mr..
Boardman with the fact that he had
charges against him. Witness testified
that proper charge should represent
one-half for scaling and that outside Of
note for 5000 there are no credits that
should be applied to the account against
the Kennebec Lumber Co.
The contract between the parties was
then read by Attorney Pattangall and
was offered as the first exhibit in the
case. According to the contract Boyd &
Harvey and Mr.. Viles were to furnish the
kennebec Lumber Co. with logs delivered
on the banks of the Dead river. The con-
tract was for the years 1914-15, 1855 and
1861. the first winter about 100000. the
second winter about 100000 and the third
winter about 100000.
State Forest Commissioner Colby
| State Forest Commissioner Forrest
II. Colby Of Bingham testified that in
| the seasons Of 1914-15. 1856 and 1916
II he had scaled logs on the upper Ken
nebec, sold to the Kennebec Lumber
| Co. by the Boyd & Harvey Co. and Mr..
| Viles Referring to the scale bills for
1861, witness gave the amount of
logs furnished by Mr.. Viles for the
Kenneoec Lumber Co. it being as fol-
lows for that time: 35.O76 fir logs max
ing l.514.075 feet, and 2377 pine logs
making 124.715 feet. The Boyd & Har-
vey Co. had furnished al that time 34,-
| 119 fir logs making l, 296,065 feet. but
furnished no pine.
It was agreed in the matter that
whatever logs furnished to the Kenne-
bee Lumber Co. under the contract by
Boyd & Harvey would be in the ac-
ton trying just as though they had
been furnished by Mr.. Viles himself.
Upon REORGANIZATION Mr. Colby
said that in some instances fir logs
were taken out. but he did not remem-
Der any big amount being taken out in
| the last year of the life Of the con-
! tract. They were selling to other par
| ties during the last year Of the con-
! tract, as we'll as other years. Witness
! upon redirect testified that some large
| fir was taken out the first year And
| he testified as to the amount OF lOgS
| furnished by Mr.. Viles and the Boyd
| & Harvey CO. separately for the Ken
/ nebec Lumber Co. in the years 19l4-lo
and 1876.
| Again upon cross-eXamination Mr.
Colby testified that he found the scalers
were taking out saw logs and he nao
so informed Messrs. Viles and Board
man. He thought that the logs taken
out in 1866 for Mr.. Henderson ana
Mr.. Bradstreet was about 5000 saw logs.
He knew that Boardman had sent up y
, man TO look after his interests in the
last winter of the operations.
The next witness was Clarence Phil
brook. bookkeeper for Mr.. Viles. He
had computed the amount due from the
Kennebec Lumber Co. for scaling logs
in the three years Of the contract ana
he told how he had made that COM
putatiop. And he testified as to amounts
of logs furnished by Mr. Viles.
Mr. Viles testified that he had told
Mr.. Boardman that he would probably
oyerrun the contract and Mr. Board
man had insisted that any overplus
should count toward the next year. He
had not considered the operation on
Rog Brook was for Mr.. Boardman and
he had instructed his foreman at times
70 change the mark on fir from the
pnlp to Mr.. Boardman. Mr.. Boardman
did not want the total to overrun H.
600 900. Witness had got some logs for
Mr. Boardman from Bog Brook because
his pulp contract would not stand all
the fir there.
Upon cross examination Mr.. Viles
stated that he had planned to furnish
Mr. Roardman on the contract the first
wear about 100000. In 19l4-15 ne
didn't know of any fir OF this class
that was sold. His excess fir OF the
erst wear was applied to the second
year. a,. 40
n,a,ntiff introduced correspondence
from the defendant which 1t claimed
tended to show that the contract was
understood by both parties to be an
,ndivisible contract for 100000 ana
also to show that although the CONTRACT
called for fir, by agreement OF the par
t;es nine was to be substituted and was
in fact substituted during the first TWO
years. .a
The trial Of the case will be resumed
at the opening of court at $50 this
morning.