Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1922-09-20
JURY AWARDS $500
TO HERBERT SMITH i.
FOR. ALIENATION

fuk ALItNAIIUN
A verdict Of 5000 for the plaintiff
was returned Tuesday afternoon by
the jury in the case OF Smith VS..
Millett. This is a case in which
Herbert E. Smith Of Pittston alleges
that Archie E. Mallett or Millett of
Livermcre, aIienated his wife's af-
fections and he therefore claimed
$4,000 damages.
Mr.. Smith was the first to testify.
He said that he was married in Ban
gor. April 1920, Both he and Mrs.
Smith had been married before,
Smith having three boys by his pre-
vious marriage and Mrs. Smith boy
and a girl.
About last October, Smith first no.
ticed a change in their married life.
One day when he had returned from
his milk route he found a note on the
table from his wife saying that she
was leaving him because she and the
boys did not get along well together.
Four or five days later he found her in
Augusta and prevailed upon her to
return. Again in March she again
left and he went to Gardiner where
he found her the same day and she
again returned to the house.
The last time that she left was in
May. and has never since returned to
the home. Before this she had re-
ceived a package which bore the re-
turn address of A. E. Millett. Liver
more. This package contained candy.
After she left the last time, letter
arrived addressed to her which he
opened after he had been told by a
lawyer that he had that right. This
letter led him to believe that Mil
friends.
This letter was produced in court
and was introduced as evidence. In
the letter plans We're made for Mil
lett and Mrs Smith to meet in Au-
Gusta and he called her "My D. in a
number of places.
On cross examination he said that
his first wife left him and that they
were divorced in 1920. In April of
that year he married the present Mrs.
Smith He said that she had COM
H.dIIitN llldl HIS DONS were QISEe-
spcctful to her and that they did not
tlcct her daughter right. and that in
each caGc he had chaStiSed the one
complained of without finding if he
were guilty or not. Although they
Lad been married a year before they
moved to pittston she had not COM
planned at all until they moved there.
Before she left the last time she in
serted an add in the kennebec Jour
nal, for a position as housekccper but,
he did not see it until after she had
left
He stated that this time he did not
go to find her as his business as a
dairyman and milk man prevented
his leaving. He did. however. hire a
man to hunt her up. He said that
she left in May and that lie has never
talked with her since.
Mrs. Nina Hall who has lived with
her husband in the Smith house
where they work, since last October
was the next witness for the plain
tiff. She stated that she did the
housework there and that while Mrs
! Smith was at home she had helped
some with the work. She said that
Mrs. Smith was not good house
Keeper.
Mrs. Hall also testified that she
was in the confidence of Mrs. Smith
and that the latter had shown her
letters which came TO her from Mil
, lett. She ceased to show them after
! few had come and was in the habit
/ Of going to her room to read them.
She had also told Mrs. Hall that she
kept the letters under the mattress
! on her bed. Since Mrs Smith
/ stopped showing her the letters, she
received others Mrs. Hall Said.
The witness also testified that at
one time Millett had come to visit
Mrs. Smith at the Smith house Mrs
Hall at that time had been taking a
nap and she did not see him. but
when she came down stairs, Mrs.
Smith. who seemed to be ''hilarious'
told her that he had been there. She
also said that Mrs. Smith had asked
Millet what she should give as the
reason fo4 the visit and he had told
her to tell her husband. who at the
time was sick on the couch, that he
had come for some sirui.
Mr.. Hall then testified that he had
mailed letter for Mrs. Smith which
was addressed TO Millett. He had not
mailed any others nor had he seen
any that came to her except the one
which was produced in court. On
cross examination he said that he
could not remember the time that he
had mailed it but that 1t was after
the advertisement had appeared in
the paper.
Asa Kenney. neighbor of the
Smiths then testified. He said that
Mrs. Smith had received letter at
one time in his mail box and that
they had telephoned to her about it.
He did not know any reason why 1t
should have been in his box. He did
not know Of any letters being sent by
her from his box.
Cross examination Of the witness
developed that he had not seen the
letter but that he had been told by
his wife that it had come.
The last witness for the pialntlH,
Deputy Sheriff Arthur G. Robinson
testified that he had been employed
by Smith to look for his wlfe ana
that he had gone to the residence OF
I, Pol ~ ;v,r,,iva6 where she