Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1921-09-12
WRITTEN ARGUMENTS
BY ATTORNEYS IN
HOUSING CORP. SUIT

The taking of evidence in the trial
in which the kennebec Housing Cor
poration is suing five defendants for
the payment of their subscriptions
ended Saturday forenoon at about
1870 Two of the witnesses. Dr. Il.
T.. Hurd and Augustus Cary. VINO
were called 20 defend. did not arrive
at court in time Tor the hearing.
The arguments viii be submitted in
writing. that OF the defense to reach
counsel for the plaintiff by Wednes-
day morning and those OF both sides
to reach the Judge by Thursday
night.
Not much that was new was clio
tied from the witnesses on Saturday.
The testimony was entirely along
the same lines as before, the defense
seeking TO prove that there was not
enough material on hand before
January IL to build 80 houses and
that it was not bought at two-thirds
of the market price. thus making
the prospectus of the company and
the advertisement OF the company in
the Waterville Sentinel of January
Is misreprc Sentation of facts
The first witness was Frank w.
Smith, one of the directors of the
Housing Corporation at one time.
He testified that he relied on the
statements of Mr.. Libby and MIR.
Morse at the time of the advertise
ment and understood that half a
million OF lumber was bought at
that time. He thought ali of ii was
standing. He did not personally
guarantee any bills. On cross-ex-
any plans had been made nor an
architect engaged at that time.
No other witnesses appearing Tor
the defense, the rebultaI was called
for by the court and Attorney Eaton
called Herbert l.. Emery for his
first witness. Mr.. Emery went into
the story of the project of the Ken
birth of the corporation. He testi-
fed that he had been one of those
who had something to do with the
preparation of the material to be
presented to subscribers, that it was
prepared at the suggestion of those
who were interested III pushing the
matter along and turned over to
Mr.. Eaton and Mr.. Ahrens 10 pre-
sent the true situation as we
thought it" and TO sign with the di-
rectors names. The officers did not
individually sign. There was diff
ference of opinion as to how far
material would go. That they tried
to build houses at $500 or $500
But when the architect came and
they saw the pretty pictures they
decided to build seven and see how
they went They found the archi-
tects' estimate way off, Mr. Emery
said.
The witness stated that one of the
most expensive and exasperating
things they had to contend with was
that materials were not delivered
and they had to buy at the market
price.
On cross examination the witness
admitted that they finally got all but
10000 feet of their ium Der, although
some of it not until year later, but
they got it at the contract price. The
prospectus was made to be read by
prospective subscribers. He said
that he did not know that they did
not have at any one time substan-
TALLY enough OF the principal mater
ials for % houses.
Milton C. Hunt was called and
asked questions relative to the
amount of lumber needed to build a
certain size of house and said that
in house II by "A feet there would
be used 974S feet of rough lum Der
including boarding. Mr.. Hunt also
answert some questions in regard
to prices OF iumbe in January, 1920
T.. c. Libby was called and the
matter OF what lumber had been
bought at the time of the advertise
ment OF January Is was again gone
into. Walter Tobey, dealer in ium-
Der in Winslow. from whom the
Corporation had bought some lum-
Der. was the next witness He was
questioned as to the price of rough
lumber, shingles and other material.
for building.
This closed the testimony