Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1921-09-08
SUPERIOR COURT

CIvH case, II. u. Barker Co. OF
Augusta VS.. Mr.. and Mrs. HI
B. Stahl of Waldoboro, Open,
ed at Wednesday Session
Will Be Given to Jury This
Morning
Whether or not a box sent out by
the II. G.. Barker Co. of Augusta on
Jan. 2, 1919. and containing al valu-
able fur coat, was properly addressed
is one Of the questions that the jury
will decide in the first case before the
September term of the Kennebec
county superior court. 1t is one of
those cases where the difference of a
single initial makes all the differ
ence in the world.
The claim of the plaintiff concern,
the Barker Co., is that the parcel was
addressed properly to Mrs. c. B. stahl
of Waldoboro and was mailed parcel
post at the Augusta post office. The
defendants. Mr.. and Mrs. H. B. stahl,
also residents of Waldoboro, claim
that the package was addressed to
Mrs. Fl. 3. Stahl and was received by
her through the mails; that Mrs.
Stahl, thinking it was a Christmas
present from her brother, kept it I'M
til she was Informed that it was not
hers. when she turned it over to the
attorney for Mr.. Barker.
It appeared that some time after
the package had been delivered to
Mrs. Fl. B. Stahl litigation arose in
the case, Mrs. c. B. StahI bringing
suit against the Barker Co. for the
value of the furs that she had fur
nished for the making of the coat.
Mrs. Stahl recovered a verdict of $3.50
against the Barker Co. for the non
delivery of the coat. this case being
tried in the Lincoln county supreme
judicial court. This verdict was sus-
tanned in the law court
In the present case the Barker Co.
claims damages in the sum of 1856
on the grounds that Mr.. and Mrs. Fl.
B. Stahl did not use due diligence in
ascertaining the owner of the coat
or in notifying the H. G. Barker Co.
that they had the coat. All the testi-
mony in the case was put in Wednes-
day, the attorneys arguments were
made and Judge Became gave the
charge to the jury, The case will be
given to the jury at the opening of this
mornings session. Ralph w. Farris
of Augusta is counsel for the plain
tiff concern, while the defendants are
represented by Attorneys Merritt A.
Johnson Of Rockland and H p. Ma
son of Waldoboro
The first witness in the case was
Attorney Farris who testified that
the H. G. Barker Co. had received
information that the fur coat was at
Dutch Neck at Waldohoro, that he
had gone down there and had found
thee oat in the possession of Mrs. Fl.
B, Stahl, Jan. 8, 1921, over two years
after it had been sent out from the
Barker store. Mrs. Stahl had said
she did not claim the coat, but that
she had thought her brother had
sent it to her for a Christmas pres
ent.
Herbert r. Goodwin, clerk at the
Barker store. testified regarding
sending the coat, properly addressed
to Mrs. c. b. Stahl. Waldoboro. The
name of the Barker concern was
printed on the box. He stated that
he had made an examination of the
sticker on the box and that it was
properly addressed.
You. looked at it and supposed it
was all right p" asked Attorney
johnson on cross examination.
I1N "a 1
right" Mr.. Goodwin answered.
Mr.. Barker on the witness stand
identified number of checks he
had paid out for litigation in the
case, the total amounting to $JS0.47.
Defense
The defense in the case as out
lined by Attorney Johnson claimed
that Mrs. II. &. Stahl having re-
ceived the package addressed to her
and thinking it Il Christmas present.
had not coDspired in any way to
keep the coat, that She knew nothing
about the litigation until the attor-
ney came and asked for the coat.
and she had then given it up with
out protest.
Clarence w. Eugley, r. f. D., mail
carrier at Waldoboro, testified that
he had delivered the package in ac-
cordance to the. address to Mrs II.
B. Stahl, that the package was in a
poor condition when it arrived, both
ends having been broken out so that
the coat was almost sliding ont.
Mr.. and Mrs. II. Il. Stahl testified
that the package had been received
by Mrs. Stahl to whom it was ad
dressed. Mrs. Stahl thought it was
a Christmas present from her broth
or who was in Augusta when thew
had last heard from him. Mrs,
Stahl had worn the coat only three
times, and it was in as good a con-
dition when giVenover to the attor
ney as when Mrs, Stahl had received
it. Mrs. Stahl had not tried in anv
way to conceal the coat, but had
shown it to her friends.
Other witnesses for defense testi-
fled that Mrs. Stahl had shown the
coat to them and had told them she
thought 1T was a Christmas present
from her brother, although there
was no card in the package indicat-
ing who had sent it.
Superintendent George w Bowie