Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1918-04-08

busy that he could not 50 ne So' III :
Mosse to.
Aaron Trask of Windsor stated that
he had a copy of the original memoir
andum taken at the time of making
the count on the lot and witness re-
freShed his recollection of these meas
urements by the copy.
Hiram P Farrow, civil engineer OF
Belfast. testified about the courses
he had taken in making the survey.
Defense
The defense in the action was then
briefly stated by Attorney Nelson. The
defense claimed that the plaintiff does
not own the land he claimed to west of
Mr.. Whitney's land, that his alleged
claim was obtained under sheriff.
deed. that the land was not bordered on
the east by the Ballard line and that
Mr.. Whitney did not cut over the line
and therefore did not commit a tres
pass. In stating the defense Attorney
Nelson said it claimed that the plain
eff owing lot of land on the side Of a
mountain where stumpage was about 81
an acre. claimed to own the lot of iand
on which We're oak trees and that In
stead Of proceeding against the man
Ne claimed committed the trespass. the
plaintiff had proceeded against Mr..
Cummings, who had bought the lum-
her IN good faith.
Seven witnesses were sworn in for
the defense.
The first witness was A. O. whitney
Of Garland. who testified that he owned
land adjoining on he east the land the
plaintiff claimed to own in Washing
ton and that Years ago he had got Mr..
curtis. now deceased, and Mr. Clark 70
point out he Hall .rd Inc i him. MI
Curtis had pointed out il brch tree as
being on the Ballard line and that tree
waS west OF the cutting. He had cut
the lumber on his lot ana IN all jnclud-
ing that piece claimed to have bee
trespasS ne had got about $1,000 feet
The longest stick he got out Of the lot
was l6 feet and he estimated that it took
about nine logs to make 1000. In saving
car stock nearly one-half was waste and
the dimension lumber he had sold to
| Henry f, Cummings of Manchester.
James a. Clark OF Washington stated
that his grandfather had pointed out I.
him the Ballard lire and that according
20 that line as it was pointed out Mr.
Whitney did not cut over it, Upon
! DISCRIMINATION he said that the line
ran parallel 10 the kennehec river.
Regarding the counting of the stumps
on the land, Moan Bruce and MyricK
II Ser Of Somervlle gave testimony. Mr..
Hisler said he had made the count The
average disameter was 10 to l. inches
and the average would be nine or 10 logs
per thousand. He had sawed the logs
Ter Mr.. Whitney in the spring of 1914
and in all he had sawed about 81. 614 feet
All the oak he had sawed that spring
was about G0G0) feet. lie had sawed 1t
into car stock and Mr.. Cummings had
the dimension lumber. There was So to
| 40 per cent. waste. Witness testified
| that the plaintiff in the action had come
over to the mill and forbid him to Gu.
any more lumber, saying that Mr.
| Whitney had cut over onto his lot. but
the plaintiff could not pick out his logs
so he tMr. Ilisler) had sawed the whole
, lot. At the request of Mr.. Cummings
he mad gone with Mr.. Bruce and had
F. made count of the stumps. He had
counted 80 stumps including the birch
and the poplar.
/ Henry i. Cummings of Manchester,
the defendant, testified to buying the
lumber, but he did not know whether
the lumber all came from the lot at
issue or not
! Fred A. Turner of somerville. a son
/ OF the former owner of the land at is
sue, testified that he did not know
whether or not his father had decided
the timberland. He had heard his faith
er say that he did deed the land, but
Ga not know TINT he had darc -