The independent-reporter. [volume] (Skowhegan, Me.) 1909-1955, 1922-02-09
VERDICT FOR DEFENDANT IN CASE OF.
BURKE VS.. BARLEY ESTATE
Judge Spear Ordered The Verdict On The
Grounds OF Illegal Consideration The Testimony

The defense, it appears, had under
taken to show illegal consideration by
Introducing the testimony of Burke
admission and to put on evidence To
contradict the contention of Illegal
consideration by rhowng that there
was no consideration ut all. The
evidence was then excluded on the
ground that thing couldn't be proven
against Burke for one purpose and
then by contradicting their own con
tentions. as they had proved. it BY
Burkes testimony put in as admis-
sion. Sheriff Mooers was questioned
relative to the testimony of Mrs.
Burke at the previous trial and Wa
objected to on the ground Of previous
testimony relative to the same WAS on
record. The original bearing upon
these questions as TO the gcnuineness
of the signatures was to show that
BARLEY WAS not in town at the time
OF Mrs. Burkc's arrival in Jackman
and was not there when the notes We're
alleged to have been given. The orr
,,inal testimony of Mrs Burke Va
read The deposition of Leo L. DGYal
of Jackman. an employee Of BARLEY
The deposition told OF Bartleys dc
rarturc for CrOckcr Pond sometime in
the early part of the afternoon of the
day or evening that the notes were
supposed to have been given. Duval
carried him and went after him the
reXt morning according to the depos
ition. The same day of his return
he again went back to Crocker Pond
with Mr.. Wentworth and Mr.. Williams
guests at the hotel according to Dn-
walls deposition.
Rudolph Leclair Of Jackman. who
was clcrking at the Moose River House
stated that Wentworth and Williams.
whom BARLEY had accompanied on the
| fishing trip came around noon on
! MAY 18th. He saw the three men
leave on the fishing trip. He was
ositivc that BARLEY went the day be-
fore prior to the arrival of the $50
train which brought Mrs. Burke into
| .Iackman. Under cross examination
| by Attorney Pattangall attempt was
raadc to how that the witness WAS
mistaken in the hour Of Bartley's de-
! arturo on the l4th, also that he was
/ mistaken on the time of the arrival
-, Of Mr. Wentworth and Mr.. Williams
/ on the day following
Charles II. Mckay, proprietor of the
sporting camps at Croker Pond. tes-
! tiaet that Mr. BARLEY was at Crocker
! Pond on both May 14th and 18th. Wit
/ css said that BARLEY came between
three and four O'Clock and that he
! saw him last about $50 p. N. His
! testimony did not agree in every re
Meet with his testimony as recorded
I TT the previous trial. witness claim
| ing that he made a mistake on the
-; revious date. Under cross eXamina-
! ton Mckay said that he couldn't say
that BARLEY stayed at his camps all
night as lie did not assign him to any
special quarters, he said however that
hartley had been there night before
! To stop and that he hadn't been in the
! Eabit of assigning rooms for him. Mrs
! George Nash of Iackman was working
/ for Mr.. Mckay as cook on May. 1919.
she saw BARLEY at the camps and saw
i him after : o'clock. Mr.. Nash re-
j called that she went to the Mckay
] camps the 9th of May, She didn't
j remember the visit of Robert Went
j worth of Waterville to the camps and
wasn't urc Of the date. Mrs Daisy
Newton Moore, who was not present
1T the hearing. was heard by admis
sion of testimony. She didn't re-
member the date she went to Crocker
Pond camps as a waitress. She saw
] Mr.. hartley at the camps where he
j had supper. John Henderson o.
Moose River testified that !Ometime in
j May. 1919 he saw BARLEY and Duva'
together pass by his house between :
, and ) O'Clock in the morning. lie was
Unable to fix the date. The testimon!
rf Robert Wentworth of WatervillC
was read He told of arriving at tho
| Moose River House on May 18th anf
told of going to Croker Pond witt
BARLEY. George r. Williams stated
that he went to Jackman with Mr.
Wentworth on May 18th and arrived
ri lhc Moose River House before din
per.
James Sands Of Moose River told ol
a visit lu tn" Crocker Pond camps II
company with his wife and Miss Miller
They were there on May 18th and To
manned until the 18th. Witness saie
hc didn't see hartley there Herr!
T. McKCnncy, Il lumbcrman and sum
mcr hotel proprietor, testified that in
the sumner of 1918 he was road com
missioner and plantation ass essor for
Iackman, W. s. Moore being the chair
man Of the board and John Burke, tax
collector. He told of the conference
I with Burke. the investigation to find
out how much Burke had collected
! and the subsequent settlement il
! March 1919 before the alleged note
were given. Burke at that time wit
/ ness said. owed practically $1,000. each
bondsman paying $ll53,53. Webster
s. Moore the chairman of the board
was called and his testimony was ad
mittcd to agree with that Of Mr. Nc
kenncy and was not heard, William
Murtha of Jackman. who with Mel on
/ hartley. was a bondsman for Burke
told of the settlement with the pl2nta-
ton and of the transactions that fol
/ lowell between the bondsmcn and the
! nurkcs. The evidence of Helen +.
+ Ncwton, deputy town clerk employed
i in the office of +. A, Piper was pre-
! scented to show that Burke went into