Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-10-09
SUPREME COURT

With the opening of court W.dnes-
day morning the case of Joseph Gag
non OF st. George. Quebec. VIZ. William
j. Murpha of Jackman was continued
The defence, which IL being conducted
by Attorneys John ". Nelson and WILL
nam L. Gardiner of Augusta, out of
order put on two witnesses. Fred C.
Googins, manager of the .Jackman Lurn-
Der Co, and Harry W. Lally. the clerk
or the same company. who were unable
to remain throughout the day MT
Googins was the first called and stated
that he had been lumberman for 40
years and that the sub-contractors got
their supplies from the Jackman Lum-
her Co. He explained the difference in
the price of $27 and s32 per thousand
for boards to be used in camp building.
He said that 81 was made for disman-
tied boards and made to another party
for other operations and that the SET
price had nothing to do with the Gag
non operation. He said that the Jack
man Lumber Co. had some sleds not in
use and that he offered them to Gagnon
free of charge and that Gagnon used
them. He further said that Murpha
told Gagnon that he had some camp
equipment that he would not use in
his own operations and that Gagnon
Npuiu nave tutIil WITHOUT CIuTSe. MT
GooGin said that he considered the real
trouble was that GaSnon did not begin
hauling soon enough. He said that con-
ditions were such that he could have
begun tive or three weeks sooner He
said that there was insufficient force
to handle the logs and that they were
not handled in workmanship shape
He stated that Murpha did all that he
could to assist Gagnon and scared
men FOR him and sent them to the
landing where they worker.
Mr.. Laliy was called and he explain
ed that goods were sent to sub-con-
tractors, where charged to them and
charged to Murpha's account, and that
weekly itcmized accounts were sent to
Murpha and the sub-contract. He ex-
planned that the carload of oats was
sent to the operation just as they were
received at Jackman and that they were
bought and sold by the Jackman Lum-
Der Co. at weight given by certified
weighers.
Attorney Nelson with Mr.. Laly went
over certain accounts and explained
them and corrected one error. The
plaintiffs evidence was continued. and
Elzear Maiue. who began his Testimony
Tuesday night, was recalled. and he
told of checking the logs at the land
ing. The next witness for the plaintiff
was Absolon Poulin of st. George. a
jobber. who said that they began as
soon as possible. is soon as there was
snow enough and the pond was frozen.
Rene Pacquette of st. George, Gag
mons clerk. was the next witness. As
he did not understand English well and
spoke only brokeriy. fer the most part
he gave his testimony without the aid
of an interpreted
His testimony had to do mostly with
the accounts and was Of value 10 i5e
Plaintiff. He said that after the first
of January they oniy had one camp
and the men boarded at Murpha's
camp. Joseph Gagnon was recalled to
explain more particulars about the
road used by himself and Murpha and
OF the general custom OF dividing up
the expense of building the road and
its upkeep by the different operators
who use the same road
Shortly after 3 O'Clock the defense
was opened bySAttorney Gardiner.
who gave brief but explicit account
of the defense statement. He said
that at the time Of settlement ac-
cording to accounts kept by the
Jackman Lumber Company there
was a balance of SSf4.30 due Gagnon
from Murpha and that Murpha was
then. and is now ready to pay that,
but that Gagnon refused to accept
the sane. The date of the writ is
August and the suit is for $50, 900.
He went over the itemized claims OF
Gagnon and said that they would
put on witnesses to show that these
itemized items did not have anything
to do with the contract: that in re-
CARDS to the camp equipment that
Murpha offered to let Gagnon have
whatever he was not using
Ten witnesses were called for the