Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1918-04-06
SUPERIOR COURT
The Case of Sproul VS..
Cummings Opened
Indictment Returned Against q.
Earle 6ither, an Augusta Druggist
for Keeping for Sale Un'aneheo
liouor-criminaI Docket Will Sc
Called This Afternoon

/
Called This Afternoon
An indictment for keeping FOR SAFE
iunlabelled liquor against =. Eaiio
! Either. an Augusta druggist, returned
by the grand jury for the April terin
of the superior court of kennepec
county, in accordance with Ia"
nassed at the last session of the Leg
islature. was made public Friday.
The indictment alleges that the re-
spondent without any lawful author
ity or permission therefor, ala keep
and offer for sale certain quahtity
OF liquors of which alcohol was then
and there an ingredient and consult
uent part, to wit, six ounces or no
nor. which liquor was not then ana
there plainly labelled by having con-
spicuously affixed on the vessels III
which said liquor was then and there
contained, a paper label showing IN
print the percentage OF alconoi Gull
tanned in said liquor. :.
The criminal docket for the April
term Of the court will be called at
o'clock this Saturday afternoon.
The first civil case that came up
for trial at the term was that OF
Julian A. Sproul of Windsor VS.. Hen
~ F. Cummings Of Manchester, whicn
was opened Friday morning anu WIN
be resumed at the beginning OF tnis
r1brning's session. Ernest l.. Mclean
and 6. l.. Fogg of the law f1rm OF
Williamson, Burleigh & Mclean OF
Augusta are attorneys for the plain
tiff while the defendant Is repre-
sented by Andrews & Nelson OF Au-
guSta.
In his writ the plaintiff claims that
on March /, 1914, he had in his pos
session $4,000 feet of birch logs ana
i o. 900 feet Of oak logs Of the value
of $500 which that day came into
the possession Of the defendant by
finding, vet the defendant knowing
them to be the properly Of the plain
tiff did lot return them but convert
ed them to his own use. The ad dam
mum was set at $1,000.
The claim Of the plaintiff as set
out in the statement of the case by
Attorney Fogg was briefly that Mr..
Whitney who owned the lot OF lana
adjoining the plaintiffs in washing
ton, had cut lumber over his land and
into the land of the plaintiff. having
cut fro.l the plaintiffs lot about 49,
900 feet Of timber. This timber cut
by Mr.. Whitney had been taken to a
portable mill where it was sawed by
Mr.. Whitney and afterwards taken to
the railroad station at Windsor and
sold to Mr.. Cummings. the defendant
in the action. The lumber had been
shipped to Rockland. Plaintiff claimed
that the defendant receiving this
lumber at the station at Windsor is
liable for the value Of the lumber at
that point where it came into his pos
session. The location of the east
boundary of the plaintiffs land. the
Ballard line, so called, was in con-
troversy in the case.
Nine witnesses were sworn in for
the plaintiff.
The first witness was Hiram P.
F'arrow Of Belfast, a civil engineer,
who was appointed by the court sur
veyor in the case. He had met the
parties and the counsel and various
landmarks were pointed out to him
to take note of. Upon the plan he had
made witness pointed to those OBJ
jects AM described the courses he
had run.
| Arthur f. Johnston Of Washington,
a farmer and surveyor. testified that
| he had been resident Of that town
| for 40 odd years and had been a Sc
| lectman. AS one Of the seiectmen he
was familiar with the taxable prop
/ crty Of the town ami was familiar
with the Craig lot. In the summer Of
| 1914 he had been summoned to sur
vey line for Messrs. Sproul and
Whitney. the line being the Ballard
| line. Witness testified about his sur
vey. He Lad got his course from the
fence and ran north 81 degrees east.
He said that variation in compass
might account for the variation Of
his line end Mr.. Farrow's. He knew
| only BY i:earsay where the Ballard
line was and he had talked with Mr..
Hubbard regarding its location.
The plaintiff. Julian A. Sproul u
sor said that in 1904 he had bought
the Craig lot in the town Of WASH
ington and he had numbered on the
lot and paid the taxes on it. In 1914
he had been Informed that some one
was cutting on his lot Craig lot. ana
he went over and found that a lot
OF MS lumber had been cut there.
The trees were oak and white birch
mostly. young growth. and the lum-
Der mat had been cut was hauled to
the Hisler mills where 1t was sawed
UP ana then was taken to the Vino.
Isorvai!e station and went down on