Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1922-01-12
SUPERIOR COURT
Case of Wolman VS..
Brown Non-Suited
Defendants Motion for Non-Suit
Granted by Court in Automobile
Case at Wednesday Session -
Woman Juror Drawn in Augusta,
Excused from Service at This
Term

As the outcome Of an automobile
collision which occurred on the Var
mouth bridge about August 20, 1921,
Frank Wolman Of Waterville brought
action against Joseph H. Brown OF
Bath, claiming damages in the sum
Of 5000 for injuries to his automobile.
This was the first Of the civil cas.s
for trial at the January term of the
Kennebec county superior court and
was opened Wednesday morning.
At the close Of the testimony Offer
ed by the plaintiff and his witnesses.
| defendants motion for a non-suit
| was granted by the court on the
grounds that he proof did not come
I'D to the declaration.
The traverse jurors reported for
duty at the opening Of the days ses-
sion. Mrs. Jessie X. Fogg. wife OF
! Mayor Sanford L. Fogg, who was one
Of the jurors drawn from Augusta
and the first woman juror ever drawn
in Kennebec county. did not appear
when the jury was called, having
been excused (rom service by Judge
Beane. The judge stated that he Had
excused her because she was the only
woman drawn at this time. because
he had ascertained that the City OF
Augusta was the only municipality
in the county where women's names
were in the jury box, and for the fur
Their reason that the jury rooms were
not suitable for occupancy by mix
cd jury.
The regular panel for the trial of
cases was made up as follows: Fore
man. Charles w. Jones, China; G. {.
| Clark, Monmouth; Frank Cyr, Wa
terville; George Fellows Fayette; En-
nest c. Hall. Gardiner; Fred A. Lib
by, Hallewell: WILDER G. Lunt, Wa
torville; Alfred E. Martin, Winslow:
Frank l.. Page, Oakland; Frank
Skillings vassalboro; George L.
Weeks, Augusta: w. S. Powers, Chel-
sea.
The supernumerary Jurors are: Ar
thur w. Morton, Augusta: c. A. Per-
ny, Winthrop; Clarence II. Shepherd,
HaElowell; Albert 3. Spaulding. Wa
terville; George l.. Minot, Belgrade.
George D. Hegarty Of Waterville,
Fred f. Libby of Litchfield, Walter
A. Nickerson of Readf1eld and War
rem Thomas Of Augusta were excus-
cd from jury service.
! In the case Of Wolman VS.. Brown,
Attorney Ellsworth f. Peacock of
| NVaterville appeared as counsel for
the plaintiff, and the defendant was
represented by Attorney A. J. Dun
ton of Bath.
The plaintiff, Mr.. Wolman. testified
that on a Saturday evening about
Aug. 90, 1921, he and his wife. his
brother and sister, and his three little
children had started from Waterville
at about 7 o'clock for Portland. and
that when they had reached the fur
Their end Of the bridge at Yarmouth
his car was run into by an automobile
owned and driven by the defendant.
Mr.. Brown. He stated that he was
on his side of the road. in fact at the
extreme right hand side of the bridge.
that he saw the other coming and
heard the occupants singing. and at
that point on the bridge the car driv-
en- by Mr.. Brown ran into the side of
| his car. He claimed damages for
the broken parts and labor on his car
and also for the loss Of the time of
the car which he said he used when
getting orders in the wholesale fruit
business which he conducts.
His testimony was corroborated by
that of his brother, Samuel Wolman.
and other members of the party. Mr..
Wolman was driving a Scripps- Booth
touring car, while the car of Mr..
Browns was Ford touring.
This was the only case for trial
during the day and court was then
adjourned until this Thursday morn
inc