Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-09-11
SUPERIOR COURT
Three Civil Cases in
Order Wednesday

ceel<sen W. Gay ct ai-Jury Finds
for Defendant In cass. Dale in
Rep. W. Fishsr-cass, Nswbsrt In
Req. W. Ellis, Then Taken Up
The Jury at the Wednesday morn
1ng session Of the superior court re-
turned q verdict fur the defendants In
the case Of Li1Sie e. Cookson Of
Gardiner vs. william RR Gay and
Charles II. Gay Of Gardiner, the ao-
ton for personal injury which plain.
tilt alleged she received at Gardiner
on Feb. .. 1918. by the falling Of snow
and ice from the building owned by
the defendants at 2S7 Water street.
Gardiner. In answer to the question
whether or not the snow and Ice feli
from the roof Of the building owned
by the defendants or from some 9th.
er building, the jury made a special
finding that it fell from some other
building. The jury returned ats ver-
dict after celebrating upon the case
about an hour. At the opening Of the
days session Judge Beane gave the
charge to the jury in the case.
Dale in Heplevin W. Fisher
The next civil case before the court
was that Of Ralph o. Dale Of Bath VS..
Mrs. Helen Fisher Of Augusta, an ac-
ton of replevin for the possession of
a sewing machine. Robert A. Cony of
Augusta was attorney for the plain
tiff and John E. Nelson Of the law
firm Of Andrews & Nelson Of Au-
gusta was counsel for the defendant.
The plaintiff. Ralph o. Dale OF
Bath. claimed ownership of the sew
ing machine and identified the bill of
sale of the sewing machine, the bill
Of sale being offered as plaintiffs ex-
hibit in the case. Plaintiff also testi-
fed that tLis was the sewing machine
that he had caused to be replevined.
Plaintiff upon cross-examined stat
ed thrat when he took the bill Of sale
from Clarence Fisher he knew that
Mr.. and Mrs. Fisher had a divorce.
The defense in the case claimed
that Mrs. Fisher Of Augusta, former
~ the wife of Clarence Fisher, is the
owner Of the machine, Mr.. Fisher
having given it to her. and that
Mrs. Fisher needs the machine to
make clothes for her children. And
the defense cuaimed furthermore
that part Of the savings of Mrs.
Fisher went towards the payment Of
this machine. These claims were
testified to by the defendant, Mrs.
Fisher, who also testified that after
the machine had been taken away
from her she had to hire another ma
chine to use for the sewing for her
children.
Testimony in rebuttal was given by
Clarence W. Fisher, Mrs. Frank
Fisher and Mrs. Ada F. Hunt of Au-
gusta. Much of the testimony in the
case had to do with the matrimonial
difhculties Of Mr.. and Mrs. Clarence
Fisher.
The case was argued early in the
afternoon and was submitted to the
jury. 1t took the jury only a few
minutes to decide the case, the YER
dict being for the defendant.
Ns~bert in Replevin W Ellis
The case Of Elmer E. Newbert 81
augusta in replevin VS.. David Ellis
OF Oakland was next taken up, the
question involved being the title TO
a number Of cows. Ernest L. Nc.
Lean and Frank e, Southland Of the
law firm Of williamson, Burleirh q
MhLean Of Augusta appeared al
counsel for the plaintiff and Car, e
Jones OF Yaterville for the defend.
AMI.
Inc plaintiff. Elmer e. Newbert Of
augusta. testified to selling certain
cows to Henry Foote Of Oakland
provision having been made for tho
ute OF any cows that Mr.. Foote
might acquire subsequently. Mr..
Foote had executed a mortgage run
ming to the plaintiff and George
'Wadieigh Of Augusta. Plaintifr tes-
tined that on Dec. q, 1918 he had
procured a conveyance of the con-.
and hetfers In the name Of Georre
w. Wadleigh. this covering the cows
attached by Deputy Sheriff Ell. ~
oakland. Mr.. Newbert identified III,
Dill Of sale which he had seen NJ
roote sign, and he testified that ar.
rangement was made whereby Mr.
foote was to care for the her,l ~
cows and have as his pay. the mill.
Subsequently Mr.. Newbert procured
titie TO the cows through bill Of sale
from Mr.. Wadleigh. Later he had
been informed that the Ticonic Ma.
tional Bank had attached one Of the
cows on account Of Mr.. Foote'S notes
ana he had told Attorney Jones that
Mr.. Foote did not own any OF the
cows. Attorney Jones had replied
that the COW attached was the one
which had been reserved by Mr..
Foote. Plaintiff testified that that
COW had ben sold previously. Later
Mr.. Newbert learned that other cows
In the herd had been attached.
Upon cross-examination by Attor.
ney Jones, Mr.. Newbert said that
the farm there had been sold by
Mrs. Lucy Reynolds to George Dav
and that he had taken a MORTGAGE
on the property to assist Mr.. adv in
paying Tor the farm, this mortgage
covering all the cows on the farm.
The mortgage was assigned by Mr.
Newbert and Mr.. Wadleish to the
State Trust Co. at Augusta which
now holds it. Mr.. Day later convey
ed the property. back to Mr.. Newber.
who negotiated the sale to Mr.. Foote
and gave Mr.. Foote a warranty decd
to all the real and personal proper-
" osubtect to the mortgage. He
look a mortgage from Mr.. Foot. for
tne cows. Plaintiff testified thai 10.
yer ne mad taken Possession Of the
~. ,os Mr: Wadleigh, but. he had