Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-01-26
|Sk0W nEcAN LOCAL NEWS
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Plaintiff Wins j
In Case Gould VS..
Russakoff- Borden
Tho Jury before which the case of
Samuel w. Gould VS. 8. Russakon and
DR.. A. B. Borden, all of Skowhegan
which retired at $3.50 Friday after
noon came out at $500 Friday even
INK with q verdict for the plaintiff
in the sum OF $21s.s6.
Friday morning at the opening of
| court Judge Deasy gave his charge
to the jury IN the case Of sylvia
Walker Va Lewis B. Wheeler of
Fairfield. formerly OF Hartland.
The jury. after being out about an
hour and a half, returned a verdict
Tor the defendant assessed at $1.O0.
| Mrs. Walker was represented by At
torney Lyman L. Walton, formerly
OF Skowhegan., now of Foxboro,
Mass. who took the place of At
torney Howard J. Haley. who Is con-
fined to his home in Hartland, and
Mr.. Wheeler was represented by At
torneys Merrill and Merrill of Show
hogan, Edward F. Merrill acting.
The case of Samuel w. Gould of
Skowhegan VS.. 8. Russakoff and DR..
A. Il. Borden. both OF Skowhegan,
! was opened a little after 10 Friday
morning MIR. Gould is being rep
resented by Attorney Edward F.
Merrill OF Merrill and Merrill. and
Russakoff and DR.. Borden by Attor-
ney Sherman Shumway of the law
firm of Cover and Shumway. The
PLAINTIFF Is suing for 500 which he
claims Is the value of furnishings
in three rooms in the building east
OF the Hotel Oxford. which the
plaintiff calls his den, and also In
rooms across the hall from the
den" which at the time the Hotel
Oxford and this building eat were
sold to DIR. Borden, which Mr Gould
claims he reserved at the time of
the sale. and that the purchaser, Dr.
Borden, knew that he reserved.
The following witnesses were
called and sworn for the plaintiff:
Hon. Samuel w. Gould, John II. Nc
Clellan. Charles L. Young, Miss
Nellie NJ. Bean, Miss Gwendolyn
Dodge, john T.. Fish and Sheriff
John A. Mooers.
The first witness called to testify
was Mr.. Gould, who told of the sale
to DR.. A. b. Borden in November,
1921, and that DIR. Borden knew that
he (Gould) reserved the furnishings
In the rooms called "den," which
consisted OF three rooms-a sitting
room. bedroom and kitchenette.
Considerable time was spent emu
merating the articles of the list of
furnishings and over the books con-
tanned in the books which were list
ed at the value OF $3.50. Mr.. Shum-
l V1yny MI, 4, aI ls.,H
the book case as he found them, was
instructed at the noon intermission
to have copies of the list made and
insofar. as possible Mr.. Gould was
to make list Of the books which
he had in the case at the time Of
the sale.
A question arose concerning the
term den, which Is IN this deed. Mr..
Gould claims it referred to three
rooms instead of one as is the usual
term of the word den.
A. T.. Conant, a contractor, who
has done work on the block and is
familiar with the rooms in question.
was called and testified to the size
i and entrances of the rooms. His
testimony was brief and he answer
ed only a few questions on cross
examination and was excused from
the court room. Miss Nellie Bean.
the third witness. who is n sa1eslady
at the Ordway Dry Goods store, and
| who occupied the rooms across the
! hall from suit called den at the time
OF the sale and who moved out on
| the 10Th of November. who gave
testimony concerning the furnish
ings of the rooms occupied by her
| at the time of tho sale to DR. Bor-
den by Mr.. Gould. Mr.. Gould was
recalled after the question concern
| ing the term "den" and stated that
! DR.. Borden knew at the time of the
| purchase that the term "den" as
| used by Gould in reference to an
apartment in the east building from
| the oxford hotel referred to the
three rooms and that DIR. Borden
| further knew that he (Gould) was
TO reserve the furnishings in the
three rooms and that DR.. Borden
after purchasing the property want
| ed to borrow the furnishings of Mr..
Gould as he said he had a chance
| to rent the rooms furnished at a big
| price and that Borden was in the
| rooms called "den" by Gould both
before and after tho purchase and
| that he knew what the rooms were.
! Mr. Gould said that he had always
resided at his home on Elm street.
| Court SUSPENDED Mt 1890 until .
| O'clock This case is being tried by
the first jury.
At the time that the second jury
had come to its decision in the
| Walker Va. Wheeler case. Deputy
Grant OF ST. Adams. who is in charge
of the first Jury. had been called out
| Of town and the oath was admins
tered to Deputy Sheriff Erick Kick
of Fairfield who attended the first
| fury when thew made their report
through their foreman, Edwin l..
Sampson.
| At the afternoon session Mr..
Gould was recalled and questioned
concerning the titles and values of
the hooks in the bookcase, The oth-
err witnesses for the plaintiff did not
testify. The defense was opened ny
Attorney Shumwav at $50. who said
| that Technically. the defense was not
| guilty. that they did not claim own
ership of the bookcase and hooks and
that they had demanded Mr.. GHild
to take same away from the pro-
| pertv: that the defense claimed that
ut the time Of the sale Mr.. Gould
| stated that he wished to take few
personal things and that the deed
| which read. room and den occupied
| by Nellie Dean was the strongest
| evidence for the defense.
DIR. @. Is. Borden was the first
| witness called in the defense. He
| testified to purchasing the Oxford
| property which he claimed included
Il oxford Hotel. furnishings. stock of
! goods in trade, and fixtures below.
,rN .%f Iva IL