Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1921-11-15
RESCRIPTS FROM
THE LAW COURT

Two rescripts. one from Lincoln
county and the other from Washing
ton county. were handed down By
the Law court Monday. Exceptions
of the plaintiff are overruled in the
Lincoln county case Of Arson W.
Benner VS.. Martha B. Benner.
The rescript, which was drawn by
Associate Justice Charles J. Dunn Of
Orono, is as follows:
The legislative inhibition that
judge must not express opinion on
arising issues OF fact in the trial OF
a case goes no further in its mean
ing than that he should refrain from
speaking of the facts in manner inn
plying his utterance entitled to obed-
fence. 1t never was intended that a
Judge should sit listlessly by full
filling duty as though he were adj
ministering the rules in contest for
superiority by chance or skill, ut
terly powerless to aid in the ascer-
tainment of truth as the underlying
essential to a proper verdict. Far
from it. For him is it to make the
positions and contentious Of the liti-
giants clear, by stating, analyzing,
comparing and explaining the evil
dence, by stripping. it Of extraneous
considerations, pointing out any
seeming contradictions. resolving IT
into it's simplest elements, supple
melting all by definition of the laws
governing power, that the jury with
discerning appreciation might come
to a correct result.
This plaintiff sued to recover a bal
ance claimed as due for items OF per-
sonal property sold through the in
PREVENTION OF the agency OF his son.
For the purpose of establishing his
| case, the plaintiff introduced in evil
dence a supporting affidavit compre-
hensive both of debts and Of the
| credit and going to the reasonable
ness and business OF his charges, the
affidavit in these respects conforming
) to statutory requisites. He also in
| troduced, at some stage in the pro-
| ceedings, a letter that the defendant
had written to him.
Testifying as a witness in her own
| behalf. defendant denied liability for
each and every Of the debit items.
| She left the stand without having
been inquired OF about the attrib-
uted credit. In the course OF his final
| argument to the Jury. plaintiffs at
| torney advanced the idea as strange
that defendant should have made a
partial payment on a bill she did not
owe. Remarking that injustice
! -: =
could help it, the trial Judge inter-
rupted counsel in his speech and al
lowed the defendant again to wit
ness She testified that there was
no payment. Reserving exception.
the attorney resumed argument, and
| the trial proceeded on to verdict for
| the defendant.
1t was clearly within the absolute
discretion of the presiding Judge to
grant leave for the introduction Of
further evidence. His collateral
statement. in association with the
granting of such leave. does not at
tain to the rank Of exceptionahle err
ror.
If by any mischance there was err
ror in the Judges exposition, in the
course of his charge 20 the Jury, Of
the letter that the plaintiff intro
duced in evidence. such error has al
together lost its waysout Of the rec
ord.
Washirrton County Case
In the Washington county case OF
David c. Johnson VS. Fred r. Burn
ham ct ais the exceptions Of the de-
PENDANT are sustained by a rescript
| drawn by Associate Justice L. r.
| DcaSy of Bar Harhor