Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-01-31
Wednesday Afternoon
Court Procedure

Wednesday afternoon there was q
large attendance at the cO1rt room
and it was necessary to open the
balcony to accommodate those who
had come to hear the case which was
begun trial that afternoon. The case
was that of Sylvester NJ. Raymond
of Pittstieid VS.. Dupont DeNemourS
and Co., of Wilmington, Del, who
have an office at Portland. Maine.
The plaintiff is being represented by
Attorney Ernest l.. Mclean and jun
ior partner. Frank r. Southland Of
Augusta. The defense is being hand
led by Attorneys Carl c. Jones and
William Il. Nulty of Portland.
The case is being heard before a
drawn jury composed of the follow
ing: W. O. Stilton, st. Adams, fore
man; Glen Harvillc, Madison: Frank
j. Varney, Mercer: James l.. Brown,
Madison: John A. Burwood, Madison:
Lila Perkins. Skowhegan;, Fred
Heseltine, Hartland; Annie i. Hack
ctt Skowhesan; Perrin French, Scion;
w. l.. Rand, Arson; Vern l.. Shorey,
Pittsfield Melva Eames. Skowhe-
gan. The suit is to recover $5,250.SS
which the plaintiff claims is still due
on q lumber contract which he claims
that tho defense has not lived up to.
Briefly the plaintiffs story is as fol-
lows: The~Dupont DeNemours and
Co., of Portland contracted with Syl-
vester NJ. Raymond of Pittsfield for
pine, spruce, fir, hemlock, bass and
white maple on the burlington and
Cloutier lot in Canaan at $3.50 per
cord or at $500 per thousand If sawed
round edge or $500 per thousand ii
sawed square edge and that the de-
Tense agreed to cut 5000 cords per
year as long as the wood held out
and to pay for the same on the first
day of January of each year. one
payment OF $500 was made on the
first day of January, 1920 as per con-
tract and s2,349.12 was paid on
second years cutting according to
the plaintiff which leaves u balance
OF 5,250.SS now due. The plaintiffs
claim tina: there was wood left
standing which should have been cut
as per contract to have made up the
5000 cords for the second year, while
the defense claimed that they cut all
the wood they were bound by con-
tract and that if any was left stand
ing they were prevented from cut
ting it by the sale on Feb. II, 1922,
of the Cloutier lot by Mr.. Raymond
to one. Mr.. Lancaster.
Eight witnesses for the plaintiff
were CalIeu ana sworn, the following
of whom gave their testimony We'd
nesday afternoon: Mr.. Raymond.
plaintiff; he stated that the Puring-
ton lot contained $40 acres in all and
that 32o were wooded; that the
Cloutiet lot in all contained 226 acres
and that $50 of these were wooded.
Mr.. Raymond told of the contract
and of the first payment being made
and of the amount of wood being left
standing of which he claimed three
quarters is white maple. the least
valuable of all. Raymond said that
sale of the Cloutier lot was not made
until the company had finished oper-
alton. .. L. Libby, surveyor was
the second witness and he spent con-
siderable time on his cruise of both
lots and estimates made by him.
The other three witnesses to testify
were Herbert Walker. Edward G..
Hunter. a. +. Randlett, all of whom
were of Pittsfield and whose testi-
mony pertained to the amount of
lumber such as the contract included
which is lsft either standing cd down
and not hauled away. Court adjourn
ed at $50 and the case will be con-
tinued Thursday morning at 8
o'clock.