Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1918-01-15

61-State VS.. Joseph Lyon.
62-State VS.. John j. Dobranske.
estate vs.. William +. Betty and
Hilda Nadeau. J.,
Estate VS. William E, PerTigo
and Hattie Jewett. Il
estate VS.. Llewellyn H. Burbank
estate VS.. Llewellyn II. Burba1k.
= Estate vs.. Leroy Merry and Elhk-
beth Murray.
Sanford L. Fogg of the law firm Of
Williamson, Burlegh & Mclean of
appeared as counsel for the
&espond9ht in the case of State VS..
tElayton; Parby Of Augusta. indicted
for assault Sept +, 1917, upon G. z.
i nhds ths ss a As'1EasS plea a0s of
guilty ID filedxsTmotion that the re
spon be co&hitted to the Augusta
State Hospital for observation, and the
motion was granted by Judge Beane
Attorney Fogg in making the motion
stated TO the court that the respondent
whenbf1 or II years Of age, residing at
West BucksfelA. fell upon the ice and
struck upon the back Of his head. His
injury wassdiagnosed as spinal menin-
gitis. For aSi,imber Of days the boy
had a rapid. pulse and d. high tempera-
ture. At the end of the week his de-
irium did not cease and finally the boy
regained apparently his normal mind;
but at times since he had seemed ir-
responsible, had committed acts that
he never had before and had shown no
emotion.
County Attorney Fisher said that the
State had no desire to convict or pun
ish any person who was mentally ir-
responbile and he would raise no OBJ
| lection to the granting Of the motion.
Civil Gases
The only civil case that went to the
jury at the session was that of the
Acme Amusement Co., a corporation
having its principal office at Halo
well, VS.. Henry F. Marston Of Medford,
Mass. The jury was absent an hour
in deciding the case, returning YER
dict for the plaintiff for sS079 Walter
NJ. Sanborn of Augusta, was attorney
| for the plaintiff corporation and NJ f.
Sawtelle Of. Augusta appeared as
counsel for the defcndent.
This was an action to recover the
sum of S75 which the plaintiff corpora
ton claimed was due from the defend
ant by reason Of his renting from the
corporation q confectionery booth at
the moving picture hall in Winthrop
during the summer season of 1916.
Plaintiff claimed that the defendant
had carried on an ice cream and candy
business during that summer in the
lobby Of it's moving picture house and
had paid only $50 of the 1925 due. The
only witness for the plaintiff was John
NJ. Goodwin of Tallowell, treasurer
and manager of the corporation.
The claim Of the defense was that
Marston had acted only as agent for
Miss Frost, who had run the candy
and ice cream business for herself that
season; that Miss Frost was the prin-
cipal and that Marston had acted as
her agent only; and that Marston had
never hired the place from Goodwin
for himself or for Miss Frost. Miss
Frost and MI Marston both testified
for the defense.
Non-Sut Ordered
The first case opened at the session
J was that of u. L. Hysom of Augusta
/ vs. Charles Farnham OF Augusta, but
the case did not reach the jury as a
non-suit was ordered by the court upon
the motion of counsel for the defend
ant The plaintiff, a real estate dealer
residing in Augusta, claimed that the
defendant had entered into q contract
regarding The plaintiffs listing for
sale property owned by the defendant
and located on the Cony street extern
sion in Augusta. and that the terms
Of the contract We're: Ihat plalntlH
was to have all that he got above Sloo
in selling the property, that the de-
PENDANT wanted $l10o for the property,
that if the plaintiff sold the property
for less than that sum he was TO get
! a smaller sum, and that in any event
he was to get not less than SlOo Tor
making the sale. The place had been
sold over two years later and the pam
tiff felt he had lived up to his part OF
the contract, but the defendant had al
ways refused to pay him.
Non-suit was ordered by the court
by reason of a 1911 Statute which pro-
yides that a contract Of that kind shall
terminate at the end of q year unless
the time of termination is definitely
fixed
Walter NJ. Sanborn OF Augusta was
attorney for the plaintiff and Samuel
Titcomb of Augusta for the defendant.
Petition for Change Of Custody
During the morning session Judge
Reane granted the petition Of Mrs.
Frank T.. Kelley Of Augusta. formerly
Mrs Aaron Soule. asking mat the GUS
tody of her two children. Beulah. aGeG
70. and Perley. aged s. he taken from
the father and given her. Several Wit
nesses were heard in the matter. c. W.
Atchley of Waterville was attorney
for the petitioner and Frank +. brown
OF Watervlle for the father OF inc
children.