Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-02-01
Raymond VS.. Nemours
Case Continued

Depont de NemOurs and Company Of
Wilmington, Delaware and Portland,
Maine which was commenced We'd
nesday afternoon was continued and
two witnesses, Henry Baker of Pitts
field and deputy sheriff, L. B. Wheel
er, were called and their testimony
completed the evidence of the plain
tiff. The defense was opened by At
torney Carl c. Jones of Portland of
the firm of Bradley, Linnell and Jones
Of Portland who is being assisted in
the attorney William B. McNulty Of
the same firm.
Mr.. Jones in his opening stated that
the defense is simply a question of
the amount Of trees left standing on
the burlington and Cloutier lots in
Canaan covered by the contract which
the Depont de Nemours Company
were supposed to take and did not
from estimates made the defenseS
say that not over seventy five cords
of such wood is left against 1900 or
1000 cords estimated by the plain
tiff. The defense claims that it did a
clean and workman like operation on
the two lots.
The first witness called for the de-
tense was Z. H. Abbott of Portland,
formerly employed by the Depont de
Nemours Company and whose teSti-
mony had to do with the operation
and the condition in which the lots
were left and the amount of wood
included in the contract left standing
and If any cut and not hauled off.
Considerable time was taken up in
the cross examination concerning the
peeling time of certain woods used as
pulp wood and about wood being
tested and not found would peal.
Lemuel Lancaster of Canaan who
had charge of the cutting of the wood
on the two lots was the second wit
ness and he told of the operations
on both lots and the conditions at
present time. Mr.. Lancaster lives
near these lots and said he had
doubtless been into and over the Pu-
rington lot many thousand times. He
said they began cutting in the spring
Of 1919 and broke camp in the spring
of 1921 and that he was on the job
all of the time but that he had never
seen the contract. Percy Lancaster
of Canaan gave a brief testimony
which brought out no new points. The
fourth witness was E. A. Weber of
Hartland, a surveyor who told of his
cruise on the lots and gave as an es-
innate from the same that on the
Purington lot there is left twenty
cords and on the Cloutier Is cords of
wood which should have been taken
as per term of the contract.
The fifth witness for the state was
Charles II. Brown of the Hartland
Grating Company who made two
cruises of the lots for the Depont de
Nemours Company and whose esti-
mate of wood left standing which was
included in the contract as wood
which should have been taken by the
Depont de Nemours Company was
thirty, or forty on the burlington lot
and twenty on the ClOutier lot. When
asked by attorney Jones if he con-
sidered it q good clean operation Mr..
Brown said that he considered it a
good operation as clean an operation
as he had ever seen. Mr.. Mclean
gave Brown grilling cross eXamina-
ton during which he remained firm
to his first statements.
Mr.. Weber was recalled by Attor-
ney Jones and questioned as to the
value as per cord of the wood stand
ing on the lots which was included
in the contract and Mr.. Weber said
he would agree with Mr.. Brown who
said that he considered taking the
conditions into consideration that
fifty cents per cord was fair price.
The six witness called by the de-
Tense was Henry Crowell OF Show
hogan who is a member of the Board
of Somerset County Commissioners
and is employed by the Coburn heirs
Inc. of SkoWhegan and who owned
100000 acres and he said his Job was
to look out for the lumber end of the
Cohurn property and that generally
speaking If a half cord were left per
acre it would he a good clean opera
ton. Court adjourned for the noon
intermiSsion at 1890.
The defence testimony in the case of
Raymond VS.. Dupont DcNempurs g.
Co. was continued at the opening Of
court Thursday afternoon. The first
witness to be called was an expert.
Harold w. Eaton of Portland n grad
uate of Bowdoin College and the Yale
School of Forestry. who has taught
estimating at tho University Of Maine
for five years. Mr.. Eaton testified that
he went over the two lots recently for
the Dupone Co. and his estimate that
there was standing on the lot los cords
of wood such as was covered by the
contract, there being Sc on the Purrng-
ton lot and 30 on the Krucher lot.
The next witness called was Ernest
A. Savage of Bangor, another expert.
who has had 10 years experience in
cruising. and he testified that he had
also gone over the lots for the COM
panv. His estimate was s. cords on
both lots. O. G.. Steward OF Bingham.
who has many years cruising and ee-
timating experience. stated that he had
been over the lot twice. once in Sep
tomher. 1922. and the Secord time in
September. 1923. His estimate was CO
cords on the Purington lot and 16 on
the Krucher lot Mr.. Steward testified
that he considered it Very clean OPP
Grafton and that it was hard to esti-
mate Just what Clean operation
would be-ae it depended a lot upon the
condition. If it would damage a lot of
other trees to get other trees there
would sometimes he less. When uues-
toned about the price of pulp wood
in 1922 Mr. Steward stated that the
price was high. He was the last wit
ness for the defence and the testimony
closed at SO.
In rebuttal. r. .. Libby of Pittsfeld
and Sylvester L. Raymond. also of
Pittsfield. We're called. At the close Of
the rcbuttal ATTORNEY Jones objected
- photographs which tho plaintiff
wished to put in. Judge Deasy said
that he would admit them for just
what they We're worth. Attorney Jones
requested the privilege of making a
motion in the absence of the jury,
which was granted ard the Jury re-
tired. For certain reasons which he
went over very carefully, Mr.. Jones
moved that the judge direct verdict
for the defence. Attorney Mclean. the
attorney for the plaintiff. opposed this
motion. judge Deasy considered it in
a most explicit manner and outlined
four nuast ions which he would nut To