Norwich bulletin., 1919-10-11

Washington county at Westerly on Friday.
 When Attorney Rathbun raised ob-
 Htrapns 1sspn e ,ne Hne te ef anss.l11'ns by
 gard to reaching the amount of 1Hm-
 Der produced from trees cut down Thursday afternoon. Judge Barrows permitted that the jury be taken out while the matter was discussed The question was argued at length. as to whether it was a correct method as outlined in testimony for plaintiff. to get at the board measure of trees, by the stump and top of the tree after the branches had been removed. and the length determined by sawdust on the grounds showing where the trees had been sawed into desired lengths
 It was argued by counsel for de- fendant that the method outlined by plaintiff was far from being reliahle as the top measurements of some trees would be coupled up with the stumps of other trees that the trees after be- ing cut down were thrown about pfomiscuously on the ground, that the
 Sawdust measurements were in no way reliable as the ridges of sawduSt had been travelled over by teams. and otherwise disturbed by snow and rain storms. Counsel for defendant claim ed that the only reliable way to get at the amount cut to board measure. was from the figures of the sawnili men.
 
 stated sum for the amount of luIn- Der sawed. These figures were not asked for by the plaintiff. but were avsiiaEIe.
 .:ujge Barrows coincided with The views as expressed by MT. Ea,heun, and told MT. Dunn that his fo-n of reckoning with the material furnished by hi.' client was all guess wo'i>. and tr at fc could not ask L.e jury to con- sider that important and real lso.nt of 1n A1xy N4 ha GJ The method of ascertshning produc- ton outlined by plaintiff was new to I~ he said, and he would be glad for counsel for plaintiff to sub claims. If this could not be done. it was his desire to give attorney for plaintiff time to suggest some other line of evidence.
 When court came in on Friday MT. Dunn announced that he could find no authorities to sustain the method of learning the amount of lumber pro- duced, and his client could furnish no other line of proof he submitted to non- suit, which carries with it the costs of the defendant.
 This is the action brought by Dr. Lawson against MT. Thompson, and grew out of a contract that permitted Thompson to cut down trees and con- vert same into lumber. to be paid for at the rate of $20 per 1000 feet. with Lawson having the privilege of retain ing such lumber as he pleased at SIS per 1000 feet. Lawson claimed there was a balance due him of more than $3o00. Lawson, according to Thomp- son. received more than 75.000 feet of lumber, slabs and cordwood. and that there was a balance due Thompson of SIPS.
 The court then adjourned to next Wednesday. Monday being Columbus Day and a holiday. and Judge Barrows is to hold court in Newport Tuesday. The first case assigned for trial is Frank Holiday against James M Pendleton, Urea surer of the town Of Westerly, in which 5000 in dama ges is claimed for injuries to plaintiff and damage to his automobile. This ac- tion is based on the ground that the town, by its highway commission, was negligent in not placing warning signs of a danger to vehicular traffic by the of a role across Broad street at it's intersection with Elm street while street repairs were be- ing made. Holiday drove his auto suit was that the windshield was smashed, and ~N1r. Holiday was pain fully injured by direct contact with this same rope. The warning signs were near at hand and were not placed in position until after the ae- cident.
 In the Third district court Friday, Judge Oliver H. Williams rendered a 1 1ecision for the defendant. with costs. i n the case of Everett Brown and wife l against the Westerly Wet Wash 1 aundry which was tried six weeks l ago, with Attorney A. T. l.. Ledwidge 1 or plaintiff. and Attorney Herbert W. l for defendant. This action vas out of the ordinary and the judge 1 'aid it was among the most interest ng cases brought before his court, | Ind had received careful attention.
 The plaintiffs claimed damages of i 300, by reason of table and bed linen md wearing apparel being discolored md made useless by the running" of oIors from other goods of defendant l md included in the same wash. The | defendant company claimed irrespon- ibility as notice was served on all ustomers. by tags on receDtacles and eceipts, that all goods where eolors were liable to run were received at he owners risk.
 The docket was read and all cases were continued for one week.
 The arpIane Atlantic, from Paris orc, N s.. for Mineola. L.. l.. was seen " the Watch Hill Coast Guard crew t about 9.so Thursday night. The machine was flying low and headed irect for Long Island. The Atlantic ncountered hesE winds. ran short on asoline and made a stop at Green ort, making successful landing fan an hour Md1 s5ssr of tse Y toya1 Air force is pilot and Vice Ad- airal Kerr of the British navy com handed The Atlantic carried eleven 
 George E. O'Shaunessy, collector of he new internal revenue district of thode Island. will on the staff of Ma or GaineF. marshal of the Columbus bay parade in Providence. next Mon ay. MT. 0'Shaunnesy will represent he Knights of Columbus on the stan nd was appointed by State Deputy William J. Keenan.
 Rev. Charles H. Psndtston, who vas raduated from Westerly High school rith the class of 1874. now stationed n Providence, speaking before the lonthly meeting of the Rhode Island itizens' Historical association in Thursday afternoon. said nat everyone who knew anything bout history knows that the league of ations will never work. He assail- d organized labor for its radical doc -ines and described the Wilson ad- as being almost anar- icti in III