Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1918-09-12

returned to his home and a little iater
he had seen Mrs. Blaisdell stirring up
the water in the spring with a stick.
making the water unfit for use. Witness
testified that Mrs Blaisdell then saw
him and called him mares. Mr. Smith
had then called Mr.. ana Mrs Trask to
see the condition Of the spring and the
next day had called City Marshal Tyler
to see the spring. And according to Mr..
Smith testimony Mrs. Blaisdell had
said: II stirred it up; I'll stir it up
again"
Upon cross examination Smith tes-
tilted that at one time Mr.. Blaisdell
had put up some boards and closed
the access to the spring. Witness
had later taken down these boards
and put in their place a gate, and
had put a cover over the spring. He
had been accustomed to go everyday
to the spring to get water and the
path to the spring had not all grown
Zip to grass. He had not heard Mrs.
Blaisdell say she was looking FOR a
gosiing.
City Marshal J. S. Tyler testified
that on Aug. IS he had telephoned
Mrs. BlaisdelI that Smith had made q
complaint of her geese and hens
trespassing, and Mrs. Blaisdell had
answered that she was not aware Of
1t and would see that they did not in
the future. Later that day he had
been called to see the condition OF
the spring and he described it as be-
ing all riled up.
Fred Trask of Augusta said on the
witness stand that Mr.. Smith had
asked him to go to see the condition
, Of the spring, but he had not gone be-
cause he had been forbidden by Mrs.
Blaisdell. But Mrs. Blaisdell had
said Mr.. Smith could go. Mrs
Blaisdell had said she had stirred up
the spring and would do it again and
she had d right to.
Mrs. Fred Trask described the con-
dition Of the water in the spring as
very riley. She had heard Mrs.
Blaisdeli tell Mrs. Smith that she
didn't have any right there, anyway
she testified upon cross examination
Defense
The defense in the case was that
the Smiths had no right there and
that Mr.. Blaisdell had put up fence
Cnbeknown to Mr.. B,aisdell the
Smiths had taken down the boards
and had continued to get water there.
On the date alleged Mrs. Blaisdell had
lost gosling and had searched for
it in the spring but that had not
effected the purity Of the water.
Philip McGouldrick, who is en-
ployed at the State Laboratory of
Hygiene testified that clay mixed in
the water would not effect its purity
and with the exception of its physical
appearance it would be just as good
for drinking.
stephen Blaisdell testified that he
knew nothing of the placing of box
over the spring. He had put up a
fence there. Witness had formerly
owned the lot of the Smiths Upon
cross examination he testified that he
| had not forbidden Mr.. and Mrs.
Smith to use the spring before the
hearing at the Augusta municipal
court. And upon redirect examina-
ton he said that he had put up the
| fence to keep the geese in the pasture.
Mrs. stephen Blaisdell, the re-
spondent in the case, testified that
she was the sole owner Of the pro-
perry where the spring was located
and had never given the Smiths per-
| mission TO use the spring. Mr.. Blais-
dell had put up a fence. and she had
never given permission for the fence
! to BE taken down. She had hunted
| in the pasture for a costing and had
, put stick into the spring, but had
not stirred it up Intentionally. She
had told Mr.. Smith she had a right to
look for the gosling and she forbade
the no'~hbors going there.
tpr~ cross examination witness
| TESTIFIED that she had always claimed
to Mrs Smith that they had no right
there. She had not said, II have
stirred up the spring. l will do it
again"
Mr.. Smith testified in rebuttal that
it was agreed between himself and
Biaisdeli that he should remove the
boards and put in gate. And upon
cross examination Mr.. Smith testi-
fed that when he made the complai int
at the municipal court he knew he
was Intentionally fenced out. Upon
re direct examination he said that
Mr.. Blaisdell had said that the boards
in the fence were not so high but
that he (Smith) could climb over.
The case was then argued by the
attorneys and given to the jury by
Judge Beane