Daily Kennebec journal., 1924-04-17
SUPREME COURT

hEME OOUhl
At the opening OF court Wcdncs-
day morning the case pt Prince aid
Russell VS.. Bracket. Shaw and 1.unt
Co., was resumed and Harold Prince,
the first witness. one of the plaintiffs,
who was the only witnessed called
Tuesday was called 10 continue dir
Get test.
He was questioned in regard to
following instruction; which were
given him and Ein cart: er ~ Mr..
Waterman, agent Tor tue 2rac Sstt.
Snaw and Lunt Company, and said
that they did not DO, nor leave un-
done any thing which would have
caused the fire which started com
the carburator after thY back FIRE
on top of the engine had been put
out. and that they endeavored to do
every thing which they we're ih-
structed to do. MIR. Locke in cross
questions referred to several cor
responsiveness between the plaintiffs
and the company and their sales
agent. Mr.. c. Z. Waterman of Ban
gor. The question OF insurance was
taken up and Mr.. Prince said they
agent told him evcl Ir he could in
sure him II would lie AT q ten per
cent rate. A lette;' WIS produced by
Mr.. Locke from Pr,hCe 10 :he COM
pany in which Prir &C stated one
reason for buying Avery engine was
because of the good work Of an
Avery tractor for rear. Prince ill
that he did not orert &c tho tractor
but that his partner did. Mr.. Prince
was questioned about being taken
with his partner by Waterman to
Chester to visit an Avery engine
plant and told of conversation End
questions which the man who had
charge there and asked II Shey were
not favorebly impressed with Rs. en-
gine and replies of the nan and said
they were. MIR. Locke asked Prince
t. he signed the contract. which
Prince said he read the writing Ia
part. He said Waterman came 10
Detroit and adjusted the engine te-
fore they began their winters work.
The second witness for the plain
tiff was William II. Maxwell OF Man
chester, n. H., who Is lumbsrman
and owner Of the Maxwell Ice Co.
OF Manchester. lie testified that he
had an avery $4,000 horsepower en-
gine and later a $1,000 horsepower
engine, which he purchased OF
Bracket, Shaw e. Lunt Co., Of the
same type as the engine purchased
by Prince & Russell: also that they
were not found to be 80 tisfactory.
The line of testimony which MIR.
Cover. senior attorney for the plain
tiff. wished to put in by this witness
was objected to by Attorney Locke
for the defense.
After a little discussion the jury
was retired and the attorneys ar
gued the questions of law TO the
judge. This contii ued until court
was adjourned for the noon recess.
At the opening OF court at 1.40 Mr..
Maxwell was recalled but the line Of
testimony begun at the adjournment
was not continued. He was ques-
toned concerning how much lumber
he could saw In a day with the $1,000
horsepower engine. which he said
was 175 to G000 feet. No cross ex-
animation was put In and Mr.. Max
well and Mr.. ATnes. who was call
ed to Skowhegan from New Hamp-
shire as q witness but who was not
The third witness was Franklin
wyman. who was employed by
Prince & Russell and was there the
morning Of the fire. He told OF start
ing to do the days work and about
five or six minutes after the engine
was started 1t backfired and just as
that was almost put out. stream OF
flame shot up from the carburetor,
which burned the whole MILL. He
stated that he was quite sure that
Mr.. Prince shut of the power when
the engine backhred.
The fourth witness was Harry
Pease Of Detroit who happened to
be at the mill the morning Of the
fire. which he described.
The fifth and most important wit
ness for the plaintiff was william Il.
RUSSELL OF Detroit. second plaintiff in
the case. He gave o lengthy testi-
mony and much Of II was substan-
tally the same az that Of his part
ner, Mr.. Prince, relative TO the pur-
chase Of the engine, reason, and FOL.
lowing Of directions Of Mr.. Water
man in operating. He also admitted
that he signed the contract without
reading It. He approved q list Of
articles burned a. presented by
Prince and said that the amount to-
tailed $4s0S.50. II they had 10 nav a
note Of $500 still due Brackett, Lunt
e Shaw Co. on the engine and that
they considered the market value Of
the plant. equipment and stock when
burned 70 be $1,000 ana that after