Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1920-01-17

Case, West, Apt, VS..
Shaw Heard

Shaw Heard
eFUE eiva Co.. tsesrd II January
TOW Aaouits IN Nudiet for D.
MISUNDERSTANDING nsci<s4 to BE
csissd q z p. n. To-day
Fridays session of the Kennebsc su-
prior c0urf WINS salkan up vita. the civil
60 William C. wsst. Apit., vs.. Cliff
~ r ehaW. both If Augusta, an &c
I'm a account annexed IN which the
Plaintiff claimed the sum Of SR fr
banfdi0G and curing fur two Of defend
o0es hotDss nj hiz stable On Willow
oHoG frum Nov. ! to DEC. II, lgT-, and
aaso for wood he claimed he solo to the
daesndant- The 0se wns appealed from
the Augusta municipal court Samuel
Titc0mb appeared as counsel fpr the
plaintin, and ". f. Fisher for the de-
famdanr
Altar tie jury had deltberztad upon
the cAse Ahoux half N hnur yesrerday
II serurnad tn verdict, which WINS for
the defaadnax
The ulAanfin. WiikAm c. Vest. tesri-
M that IN the fan Of LII he conducted
sssale and wond yard II Ne. 4 VIII
how straet, Augusta He statea toSs
CiHfnn slgw had two horses he wanted
To ssA ana asked him II he could keep
Snem m Vests Stable. They were there
about nix months, and plaintiff cunsid-
ered q fair fzte OF charge sao5o for
the TWO horses per week. this being IN
accordance with prices charged at liv-
cry stables. Plaintiff stated that ne had
asked Shaw for the money DUE him,
bue Shaw had refused to pay. In the
matter Of the wood. West read from tins
charge book four charges against Shaw
tnf vo0d. amounting 10 g. He stated
that he had delivered these lots of wood
to ShHv but mad never received his pay
CpOn cruHB-examination BY ATTORNEY
Fisher. West testified that the account
book was William Shaw's West
thought he and William Shaw were II,
business together, but Shaw said they
wsre mot. and West would say now that
the- were not. Will Shaw is an uncle nf
the defendau. in the action West tes-
tilted that he had been IN jail convict
I'D uf RECEIVING stolen gupds. On New
T. 1sl6, he naa sued Clifton Shaw and at
tached nus property. Es had not asked
6haw for settlement before he sued him
And West also testified on croHs-exarn-
tnation that m his schedule Of his De-
tition for bankruptcy he mad not in
Guided this bin against Shaw. stating
that his bankruptcy attorney had in
formed him other bills could be put IN
m amendsA schedule \
Defense
The defense in the action claimed
that II was q t-umped up claim by
West against Shaw, that both par
ties were competitors n the wood
business II March, 1913. that the de-
PENDANT had put his horse II the sta
BILE Of VIII Shaw, his uncle. and
that Shaw never had bill Until
Shaw had been IL the wood business
as competitor of West.
Clifton Shaw, the defendant. tss-i-
fed that before the fall Of 1917 he
had been In the ice business. he went
out Of business because OF the draft.
the following June ne was drafted
and served six months IN the Z. S
ArMy. Ee testified that VIII Shaw,
his uncle. had told him he cnulo
keep his horses in his barn and that
for pay the defendant could haul
wood for him. There was in the barn
some hay, 800 or 600 pounds. Of poor
quality. He thought that the ny
belonged tn West. but West had tni6
Shaw the hay was not worth NOV
ing and he could DO what he wanted
To with il. And he stated thai any
wood he got he bought of VIII Shaw
and that he had hauisd two loads OF
wood for West, but had never re-
ceived his pay.
Upon cross-examinntion. defend
ant testified that he hay his horses
ate belonged TO West. ana. that after
VIII Shaw had moved cut Of that
stable business defendant kept his
horses there some four or five days.
He testified thu. he did not know
the arrangement between viii Shaw
and West.
Edgar Cappers of Augusta testi-
ned that in the full Of 1917 he went
with the defendant and got a load
of hay from q farm at Chelsea West
had spoken to HIM abou. going for
1he my. There WIS about 800 pounds,
but II Was hardly worth the hauling
for n was a poor quality and hay
then cnuld be bought for IS per ton.
Frsd Hcyt testified he had seen
the hay n the barn on Willow street.
and there was perhaps 600 pounds.
Deputy Sheriff L. T. Duffnn Of An
euata testified that he knows West
and that Vests reputation for truth
and varacity is bad.
The case was then argued by the
attorneys, and Judge Beane gave the
charge To the jury.
The trial Of civil cHses VIM b 60