Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-09-27

John Lyons of Lawrence. pleaded
guilty.
Edmund Morrison of Rangeley and
Alfred Merchant Of Fairfield. ar
raigned. both pleaded not guilty.
Attorney for Merchant ,old court
that boys had 7ot meant 20 >teal car.
that 1t had been returned with 20
loss to the owner and that they rad
paid for the gas used In trip. Mer-
chant held in 800 bonds.
Robert Packard and Mary Pack
ard. arraigned, Robert pleaded not
guilty, wife pleaded guilty. case
marked for trial.
Fred Pacquet Of Norridgewock. ar
raigned on two charges, John Lyons
of Lawrence, arraigned, both pleaded
not guilty; third, Bud Hopkins.
commorant Madison, not apprehen-
ded.
Gertrude Parade, commorant
Skowhegan. passed.
| Flora Segar. commorant Skowhe-
gan, passed.
Thomas Scrolls of Scion, pleaded
guilty, held in $1,000 for appearance
| from day to day.
Andrew 10th. case passed. attorney
not notified
Divide We're of Fairfield, pleaded
not guilty, marked for trial.
Patrick WEIGH and Paul LeClair
of Arson. passed.
Cases Appealed
George LaChance for trial. two
charges. Alton. Richardson. mol
pressed. Lorenzo Starbird. for trial.
John Sivencitzky. for trial. Philip
Tabarge. TO rtrial. Lester Brown,
for trial. Leroy Bracket, for trial.
Levi Nutting, for trial. William
Petley, for trial. w. o. Chase. defect
in warrant, passed. Steven Collins,
for trial. Sarkis Donigan, passed.
Alton LaChance. passed. Lewis
Munster, held for trial on two
charges. Robert Packard, passed.
Fred Roullard, for trial on two
iel Quigley, arraigned on two
charges. pleaded not guilty held in
| $500 on each charge for appearance
from day to day.
The case of Willis Wotton. formerly
of Lincoln now of st. Adams, VS..
George Woodman was opened late
| Wednesday noon in the supreme court.
The plaintiff is being represented by
Butler & Butler, Amos X. Butler, the
senior member of the firm, acting. and
the defense is being handled by Attor-
neys Cover and Shumway.
| The case was opened by Mr.. Butler
after Mr.. Greenwood. the foreman. was
excused and +. NJ. Thompson of Nor
| ridgewock. from the sueernumeraries,
| taking a place on the jury. At the noon
intermission the jurors elected by writ
ten ballot Grace Stevens TO act as
foreman during the trial of this case
to take the place of Mr.. Greenwood.
| In opening. Mr.. Butler stated that
this is case of charge of misrepre-
sentation on the part of Mr.. Woodman,
who sold to Mr.. Wotton a farm in St.
| Adams. in regard to the amount of
hay which the farm would cut or did
cut the summer before Mr.. Wotton
purchased it.
+, Mr.. Wotton was DESTROYS of having
| a farm which would cut a large amount
of hay and called at the office of Mr..
Smith. the agent for the Strout Farm
Agency in Newport, and young man
who was employed by Mr. Smith took
Mr.. Wotton. in company with Mr.. Wot-
tons son-in-law. to see the place. and
that Mr.. Woodman when asked how
much hay the farm cut said that he
| fed all the stock. which included IS
COWS, two bulls and four horses. and
had what he saw left. and that IL that
| was so the farm must have cut about
100 acres Of hay. Mr.. Wotton pur-
| chased the farm and afterward learned
that part of the hay left in the barn
| had been cut on another farm and
| hauled to this farm and that this had
been misrepresented to Mr.. Wotton
| and was an inducement for him to buy
the farm. and that the next year, the
summer of 1921 only about 40 or As
tons was cut from the same amount of
| moving land.
Mr.. Butler stated to the Jury that in
| this case there are five things which
| inti CT haf
! the misrepresentation is material in
! the case; second. that the representa-
ton was false; third. that the defend
| ant knew that 1t was false; fourth,
| that the defendant used this msrepre-
sentation as an inducement to the
! plaintiff to purchase the farm; and
| fifth, that the plaintiff was by this
| false representation induced to pur-
| chase the farm and SO doing was dam
aged.
Seven witnesses were called and
sworn for the plaintiff. the first to tes-
| tify being Mr.. Wotton.
At the opening of the afternoon
session Mr. Wotton continued his
testimony. He was the principal wit
ness for the plaintiff and the issues
OF the case were gone over very
| thoroughly in the testimony called
out by the questions of Mr. Butler.
| the attorney for the plaintiff. Mr..
Wotton was cross examined at great
length by Attorney George Cover.
The second witness was Harold w.
Croker. a son-in-law of Mr.. Wot-
tons who was present at the time
Mr.. Wotton bargained for the farm
Of Mr.. Woodman and he went over
at some length the conversation as
he remembered 1t between Mr.. Wot-
ton and Mr.. Woodman. He present.
ed measurements of places IN the
barn where the hay was stored. said
Mr.. Woodman did mention there be-
ing any old hay. but that he himself
did not know old hay from new.
The next witness was Rupert
Hinkson of Newport, who was in the
employ of Mr.. Smith, the manager
Wotton to the Woodman farm. He
said that he had told different ones
that he knew nothing about the mat
ter as he did not wish to get mixed
up in it, but admitted that he had
told Attorney Cover everything that
he did remember and that Mr.. Cover
had written it down and that he had
signed his name to it.
The next witness was Malvin H.
Martin of St. Adams, one of the
town assessors. who said he knew
something about farm valuation and
that if the Wotton farm cut so tons
of hay a fair market price would be
$4,000 in April, 1921. at the time of
the purchase, and If it cut 100 tons
of hay fair market price would be
$500.
Benjamin I. Miller Of st. Adams,
the next witness, whose property