Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-03-10
SUPREME COURT
Motion for Non-Suit Is
Granted by Court

!" Case Of Olga N. Gordon W. W.
Q. Hutehins and W. D. Kendall, =.
the Saturday esss;on-Triai Of
Civil Cases Will es Resumed This
Morning
Defendants motion for non-suit
was granted by Associate Justice
Hansen in the ease Of Olga u. Cor
don Of Pittston vs. ". D. Eutchins
OF Augusta and William B. Kendall
OF BowdoinEam at the close Of plain
tins evidence at the Saturday ses-
sion OF the supreme judicial court
Arguments upon the motion were
made in chambers by Attorney E
l. Mclean OF Augusta for the de-
PENDANTS and Attorney George W
Reselton Of Gardiner for the plain
till. The action was one Of assump-
sit for money had and received. based
on alleged fraud in the sale OF 4 farm
in Wh:tefeld.
Henry D. Gcrdon Of, North Pitts
ton, husband OF the oia ntid in TIE
action. resumed his testimony at the
opening of the DAYS session. He tes-
tilted that up to 1914 he made no n
curry as TO the CROPS grown on he
farm before he went there. Soon af-
ter he ascertalned about the hay
crop on the farm In 1H4 he-f mad talk
ed with, Mr. Euschins. Witness SAL.
that " men he bought the farm, ac-
ing as agent FOR Mrs. Gordna. he r.
LED upon what MI. Futct-t,1s f1a !.
SAID regarding the farm produce and
the Representations Of the farm &C
cording to the catalogue and state
ments as to the hay. lumber and
fruit produced. In May. 1872. he Went
upon TIE farm. Mr. Gordon testified
the during the time he lived on The
farm ne improved it $500 or more and
he told Of the improvements he mad
upon the buildings and the land he
seeded down one and quartz
acres which come up He took meas
ures to eradicate hawk weed and lie
bought nearly 500 worth Of fert.lj-
ger. He said that after he found n
farm didn't cut Is acres OF hay he
stu remained there, relying upon
what Mr.. Hutchins had said.
Upon cross denomination BY Attor-
ney Mclean, witness testified that he
had written to the w D. Hutchir.
Co. for the farm catalogue, bat =
had not put nuc. time in look.n Z
over the catalogue. He had not no
ticed any difference between the de-
scriptiors Of the farm in the two cat
aiogUes from the W. y. Fiutchins Co
II 49,
either at the same time or shortly ar-
ter getting the larger one. He hal
read the smaller catalogue To a Ger
tain extent. Mr.. Barnes. when ne had
given the catalogue to NJ. Gordon,
had not told him it was an old cat
alogue. He had not told Nj. Barnes
he would like to have some pictures
ot the farm "Sunnyside" TO take
home and show his people. hut re
had asked for some Of the catalogues
to take home. He had told Mr.. Barnes
IN substance that he would take the
farm il he could sell his property IT
Sullivan, and he had then made ef-
forts to sell his Sullivan property. He
said that not until 1914 did he con-
denim Mr.. Hutchins for any misrep-
resentations. He expected to get IS
tons Of hay on the farm. TIE soil vas
good. but needed a lot Of dressing.
During and after the hay crop Of 1914
he first become acquainted with the
alleged fraud. In answer 10 the qu4s-
ton. what induced him to Try to ,nan-
a compromise, witness said Il WAS
because he found it Impossible 10
carry on the farm on the income and
he had been deceived. Witness re-
ca lied having testified at previous tri-
IL that the first time he went to he
farm "Sunnyside" he discovered there
was no telephone at the house. When
he had first visited the farm with
Barnes he had seen that the orchard
needed attention, and that the whole
place needed attention. A letter from
Mr.. Hutchirs had stated that the
orchard had been worked by pigs
several years previously. On several
occasions when he saw Mr.. Barnes
it was pure accident. Witness thought
that in his letters to Mr.. Fucchius he
had mentioned what people had said
about the place in 1914. He testified
regarding lumber he had sold from
the farm.
Mr.. Gordon upon redirect examina-
ton testified that he had transplant
ed - standing apple tree on the place
and had paid 81 apiece for them be-
sides the freight. Regarding the :oh-
cessions in 1918. witness said that then
he did not have any knowledge OF 1re
past history Of the hay cut On TIE
farm. The apple crop Of 1913 was 4
failure and that OF 1914 was not