Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-10-08
SUPREME COURT


VS.. William John Murtha Of Moose
River plantation which is an action
Of lumber contract was opened with
attorneys Herbert Locke and James
Perkins of Augusta representing the
plaintiff and John w. Nelson and
William Tudor Gardiner of Augusta
tor the defense.
The following jurors were drawn
to Tear the case: Hiram B. Berce.
foreman. Skowhegan: Leland L.
Smith. Skowhegan: William Craw-
ford. Fairfield: Wilbert Walker. An
son: F. Merle Foster. Canaan
Frank W. Hilton. Bingham: Eugene
E. Hrud. Madison; Virgil c. Holt.
gan: Charles NJ. Seweil. Fairfield;
Bert c. Fletcher, Skowhegan: John
w. Ford, Lexington.
Attorney Locke. who opened the
case outlined the issue in brief as
follows: in September. 1923. Gagnon
entered intb a contract with Murtha
to cut and load on cars at a rail
road siding from Plantation 5. range
4. at S11.50 per thousand feet and
that the defense further agreed to
furnish equipment. including sleds.
stoves, blankets and dishes. There
is TO dispute over the fact that the
plaintiff got oCt 1906. 040 feet at
$11.50 amounting to S42. oo4 4G. The
plaintiff Claims that the defense fur
nished only a few s.eds end that
they were in very bad shape and
that Gagnon said 1t cost him 1925 TO
three stoves were furnished and 1t
required nine making an extra ex-
pense OF $500; that there we're not
blankets enough and this was an
extra expense of $500: that there
were only dishes enough for about
90 men and there were over a hun
dred in the crew and dishes we're
supplied at an extra cost OF $4,000.
that damages of $1404.50 was in
CURED by cars not being supplied to
load cars and team could not make
three two turn trips per day and
logs had to be piled at a much
greater distance from cars. 1t is
claimed that the extra expense and
damage incurred solely by breach
of the contract and agreement which
enters into the contract was $44.-
1856. This includes use of a hood
road of Gagnon's used by Murtha on
another operation at SGT per 1000
feet hauled over it amounting to
x162 90, shortage on oats and can't
dogs taken by Mlrtha's men. In
summing up his opening, Locke said
they wanted pay for cutting the logs
extra expense for equipment. time
lost on trips and extra expense of
loading lumber because of cars not
being at siding and use of wood
road and cantdogs. MIR. Locke said
that in making out cost of extra
equipment only about amount of de-
probation had been charged as
Gagnon still has the supply which
he can use again. The defense pre-
sentS q counter account which the
plaintiff allows is correct except over
charge of 1000 feet OF lumber.
shortage in oats. labor for loading
logs on certain days In March and
Feb. amounting to $IG4.33; Gagnon
sleds $4,000, one wagon sled $1,000.
one wagon sled $500. sprinkler SO.
and charge of $.75 per blu. on grain
delivered to plaintiff by the defend
ent. The difference in the accounts
Is n matter Of about $3TN for which
suit is brought The following wit
nesseS were sworn: Joseph Gagnon,
Rane Parquet, AdSolom Poulin. JOS
eph Poulin, Elzear Mahen and Miss
Hall. Joseph Gagnon was the first
witness called and at the noon inter-
mission he was bling cross examined
by attorney Nelson.
Attorney Nelson continued his cross
examination of Gagnon until recess at
3.45. During the Cross examination,
Gagnon stated that he began hauling
as soon as the lake they had to haul
over was frozen and snow enough
came; that when the contract was
drawn he knew that the job could not
be completed by February /, 1924. He
said he was not on the operation all
the time but there every week or two
and he often stayed several days.
1t was agreed that all supplies got
ten from the Jackman Lumber Co. by
Gagnon were to be applied on the ac-
count Of Murpha, who had taken the
contract for the ia ,kman Lumber Co.
and sub-let it to Gagnon. MIR. Gagnon
explained that lumber for buiidin,; the
camps was obtained from the Jackman
Lumber Co. and a price of $27 was
made. When MurpEa rendered the bill
it was charged $32. He stated that a
half car load of oats was As bushels
short; that higher prices were charged
ct Jackinan than he could purchase
supplies at Bangor and other places.
Gagnon said that he had no contract
with the Jackman Lumber Co.
He admitted that Mr. Murpha had
offered to settle with him for SS1430
to close the accounts. Mr.. Gagnon
said his books weer present for use in
the trial. his bookkeeper was present
walking boss and boss on the landing
were all present to tell how the opera
ton was conducted. 1t was agreed
by the attorneys that the date of Feb.
ruary ]. when the contract was to he
completed. was to be waived. The diff
ference in the expense of loading the
logs at 80 feet from The siding and fur
Their back was discussed at considerable
length.
The DISCRIMINATION by Nelson
was long and grilling and just before
recess Gagnon asked to be permitted
to rest. Two other witnesses we're
called. Joseph Poulin. boss a. the land
ing. and Elzear Naheu, the walking
boss: and as they were French il was
necessary TO employ an interpreter.
Deputy Sheriff Thibodeau acting in
that capacity. Both these witnesses
gave valuable testimony concerning the
operation. The case will be continued
with the opening Of court this morning
at o'clock
The operation was to be comnlet
ed on Feb. l. 1924. and complete
payment made by May Is. 1924.
Rotary Meeting
The Tuesday noon Rotary lun-
cheon was held In G. A. r. hall at
L. II Mrs Marian . ODD. Drae;jaj