Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1921-04-13

ne. was Informed that Shapiro was
dissatisfied. The Northumberland
Co. had called up Shapiro and there
was some talk about the potatoes.
Cross-examined. he said he did not
| hear an offer of any definite amount
made for the carload. He said that If
the carload showed more than II per
cent. defective potatoes. 1t would not
be considered No. / under the U. 8.
ruling.
G. S. Stone of Caribou, a potato
broker. representing the Shaddock-
Carney Co., testified regarding the
orders for the potatoes and the ship
ment.
The defendant, Edward H. Doyle of
Caribou, a potato shipper, testified
that he had bought from Mr.. Briggs
the rose potatoes which were sent to
Shapiro. and that Mr.. Briggs was to
put up No. ! quality. He testified re-
garding the racking of the potatoes
and he described them as mice
looking lot of potatoes" Regarding
the telephone conversation he had
with Shapiro, Doyle testified that
Shapiro had said that there were
large and small potatoes in the lot,
there was dry rot there, and that
they were not a desirable lot of po-
tatoes. He had told Shapiro that he
need not take the rose potatoes if he
did not want to. but if he did, to rack
them at the station and he would fix
up>the matter. He stated that he did
not promise to go to Gardiner to fix
up the matter, that as a matter of
fact he had said it was impossible,
but that if he could. he would send
his brother there the following day
He testified that not for some time
did he get any intimation that Shapi-
70 was not going to do as had been
arranged. Cross-eXamineI by -Attor-
ney Heselton, he stated that he had
some doubt about the job of putting
up that carload of potatoes and had
so expressed it. He did not remem-
Der receiving a telegram from Sha-
piro saying that the car was on de-
murrage and that he must have a
car of Green Mountain potatoes as he
had bought.
Ivan Miller of Caribou. was the next
witness and testified that he was
working last year for Mr.. Briggs. He
helped sort the potatoes that went to
Shapiro and he described the rack
ing of them. He said they were of
good size, none as large as three
pounds or as small as marbles, and
that he threw out the dry rot pota-
toes. There was no wet rot. He
called the potatoes of good quality.
The rose and Green Mountain pots,-
Cross-examined, he said he did not
know at the time that the potatoes
We're for Mr.. Shapiro and the matter
was not called to his attention until
last week.
Waldo L. Lowney Of Caribou had
helped rack and load the potatoes He
said no substantial amount Of small
potatoes could have got by, likewise
not many dry rot or soft rot potatoes
; He did not think there were IL per
cent. of defective potatoes in the lot
Cross examined. he said he was in
partnership with Mr.. Briggs in the
, potato business, but that in this work
of loading he was employed by
Briggs. They were potatoes raised
by Mr.. Briggs.
Rebuttal
In rebutta1, William Beauchaine,
manager of the Augusta office of the
Western Union Telegraph Co, and
the plaintiff, Mr.. Shapiro. gave tes-
timony. Mr. Shapiro testified that in
the telephone conversation Mr.. Doyle
had not said that he (Shapiro) need
not take the car of potatoes if he did
not want to.
Win his testimony the evidence in
the case was closed.