The independent-reporter., 1923-04-12
night and the defense was ono

sohic wv vi three months between
Mr.. Marston and Mr.. Sargent. They
claimed that In determining the price
that was to be paid for the business
] that an inventory of the stock OF
goods was to be made and that an in
| yentory was made. They also claim
ed that there was talk about various
articles included in the sale and that
the fire clay which the plaintiffs al
legged that they had resold to Steward
& Marston had been excluded from
the transaction and that no mention
was ever made of saw table. The
| defendant also alleged that, even as
suming the fire clay was included in
the contract, the plaintiffs made an
unreasonable charge for the same IN
their bill. They also claimed that
| the labor at bingham was unreason-
able; that the saw table was never
passed, and that If there were an
equitable agreement there would be
due the defendant from the plaintiffs
| excluding labor on the Colby job,
sum of $31.6S. Clair Il. Marston
was the first witness for the defense,
telling of the business agreement with
Mr.. Sargent and stating that there
was an inventory of the stock OF
goods taken that the material in the
Marston barn was left out, that there
was nothing said in actual words
about paying Sargent & Co. for com
pleting the work at the Colby house;
that Steward & Marston had roofing
ordered and having borrowed some
from Mr.. Goodrich expected Mr.. Sar-
gent to take this roofing and pay Mr.
Goodrich back what they had Dor
rowed, and that there was nothing
said about paying Mr.. Sargent for the
roofing belonging to Mr.. Goodrich.
Witness said that an agreement was
made relative to selling goods at
cost delivered plus ten per cent and
that he couldn't answer the question
as to whether they had asked the
Sargent Co. more than that, witness
saying that he personally had not
done so. Other witnesses We're n. S.
Steward, +. T. Goodrich and M. c.
.Viles. The evidence was concluded
prior to the adjournment Saturday
forenoon.
During the day Warren Gilblair
pleaded not guilty to an Indictment
returned against him for single sale.
The jurors were excused at the con-
clusion of the forenoon session to al
low them to go to their homes for
over Sunday. Judge Dunn remained
in town and in the afternoon heard
divorce cases in his chamber.
MONDAY
The arguments of the attorneys in
the case of the Sargent concern VS.
Steward & Marston were heard ON
Monday and these with Judge Dunns
charge to the jury occupied the time
until nearly 4 O'Clock in the after
noon A verdict was returned in
the sum of $12S.3S for the Sargent
Company.
Ora Holmes, who lives on farm
in Pittsfield near the Burnham town
line, was brought into court on case
from the lower court, having been
charged with cruelty beating a horse.
He said that he did not wish to re-
tract his former plea of not guilty,
but could not, hire lawyer. The
court assigned S. n. Shumway to look
after his interests and after a con-
ference, the respondent came before
the court explaining that two OF the
horses which the officers had found
dead on his premises did not belong
to him, and that he had killed another
because he did not think it worth
wintering. Another one was sick he
said. and said that he had used a
small switch on her. Sheriff Mooers
then explained the situation as he
understood it, stating that so far as
he was able to discover there were
no evidence that the horses had
been killed; that one COW stood on
ice in the barn, and another one par
TALLY so; that there was no grain
in the barn, and that one horse had
fallen down on the way from Burn
ham to the farm and that he had
understood the respondent had licked
and kicked the same. Holmes had
some witnesses which he wished the
court to hear and thes case was con-
tinued for time. Holmes being plac4
ed in the custody of the officer.
Saul Plavin of Madison retracted
his former plea of not guilty to as
sault and battery upon Laura Mar
shall and also retracted his former
plea of not guilty to assault and bat
terry upon Ethel Marshall, pleading
guilty to both. The two women are
sisters residing in the town of Madi-
son. They were tenants of Mr.. Pla-
vim and it is understood that an al
tercaton came about in connection
with their occupancy of Plavin's prop
erty, altho this was not brought out
in the higher court. 5 A hearing fol-
lowed before Clerk of Courts Seek
ms for assessment as to costs of court
on the two assault and battery cases,
to settle the damage between the
parties, which was set at $1607 in
each case. Settlement ensued
OTHER CASES IN ORDER FOR
Other cases in order for trial were
settled as follows; J. r. Johnson
VS. Earl Havey, defaulted; North AM
erican Fibre Products Co. vs. Harry
Hagopian, defaulted; Louis NJ Ather-
ton ct ais svs Charles r. Viles and
Skowhegan Savings Bank Tr continu-
ed.