The independent-reporter. [volume] (Skowhegan, Me.) 1909-1955, 1924-04-17

and after Davis came 10 MIN 10 puy
the note, he saw Braser. Witness
said that later he saw Brazier and /
BraZier told him that he had let Da-
Wis have the horses, saying that Davis
agreed to come and pay him tBuker).
Mr.. Buker said that he told BraZier
he should hold the note and bill OF
sale against him just the same. Had
no talk with Brazier about return
ing the horses to Davis the witness
said. Mr.. Buker said he left the
note with Attorney j. Howard Haley
for collection; that he and BraZier
talked things over and he offered to
take BraZier and his wfe's note.
Brazier said according to witness,
that he could take the horses into
the woods and earn Sl2O and dispose
OF them in the spring and TX up the
note. Mr.. Buker further testified
that Attorney Haley suggested that
he get the horses and let Brazier go
into The woods with them; that Bra
zier went to identify the horses and
the next he heard was that Brazier
had gotten the horses and that he
was 10 take the horses ana go INTO
the woods. Mr. Buker stated that
he did not hire Brazier TO go into the
woods. and in response to a telephone
conversation with Brazier, when Bra
zier asked him if he had called him
to take the horses back to Hartland,
as he said some one had, he told him
to take the horses and go on. Inc
witness said he didn't say that he had
released Rrazier on the note TO
Wheeler or anyone else. He also
stated that he didn't give BraZier per
mission to sell the horses to DAVIS;
nor that he had said he would look
to Davis and not to Brazier for his
pay; also that he never told Brazier
he was wrong in bringing suit against
him; that he did not request Brazler
to go to the woods with the horses
that the horses never came into his
possession and that he never recelV-
ed any value from them, or received
any payment on the note.
Deputy Sheriff f. l.. Fuller said
that he was with Mr.. Davis, when
Brazier returned the horses to Davis;
that Davis said he had plenty OF
horses and didn't care FOR them, nut
that Brazier said he was going TO
leave them and that he could sell
them for what he could. Under cross
examination. Mr.. Fuller said he was
unable to fix the date OF the return
of the horses other than in spring
or early summer,
J. II. Haley testified that Mr.. Buker
had brought the note in question to
him for collection. Witness said he
notified Brazier and Brazier said the
horses had been returned, but that
he didn't agree or refuse to pay the
note. Later he came to the office
and Mr.. Haley said about the same
conversation resulted and said that
BraZier never claimed that Buker had
released him from paying the note.
Several months later, Mr.. Haley said,
Bra2ier and Buker came to his office
and Buker said he wanted the pay
on the note; that Brazier thought 1t
was unreasonable to have to pay it
because he had returned the horses.
Mr.. Haley stated that he suggested
the horses he obtained and as much
gotten 90 of them as possible. The
horses were reported to him as nav
ing been returned when the note, tax
en- by Watson to get the horses was
returned to the attorney. YER
diet was returned for the defendant
WESCOTT, ADMIR-. VS. ELLIS
The next case was that of Harlow
X. Wescott, administrator in the es-
tate of Ina Wescott against Forrest
Ellis. Both parties live in Madison
and Mr.. Wescott, although the di-
vorced husband Of Mrs Wescott was
appointed administrator of her es-
tate. The couple had children. Suit
was brought to recover for wages,
which it is claimed were due the es-
tate of Mrs Wescott for labor per,
formed at the farm of Mr.. Ellis. 1t
was claimed that the sum due is $S45.
1t was claimed by the plaintiff that
the deceased had not only done the
homework at the Ellis Farm but that
she had worked in the fields in vari-
Gus capacities. John Burwood, a
near neighbor was the first witness,
and said that he had seen Mrs. Yves
colt doing homework. had seen her
pitch hay, NOV, help saw wood and
thresh; also that he had seen her
working in the garden barefooted
Mrs Burwood said that she used to
90 to see Mrs. Wescott, when she
was working at the Ellis farm, that
she called her good housekeeper,
and in addition TO having seen her
do homework had seen her working
in the garden. riding the moving
machine and horserake in haying, and
doing other kinds of outdoor work.
Mrs. Arris, another neighbor had seen
her doing various kinds of work in
the field she said including the riding
of a disc harrow, while Mr.. Ellis
was engaged in cutting seed potatoes.
Geo Arris. another neighbor, testi-
fled that he thought Mrs. Weseott did
half of the farm work at least. j.
E. Holden, W. f. Clough and Bert
Bessey offered similar testimony and
Deputy Sheriff +. S. Adams stated
that when he was road commissioner
and in the vicinity of the Ellis Farm
he had seen Mrs. Wescott working
in the field haying. The witnesses
seemed to be of the opinion that Mrs
Weseott had worked for Mr.. Ellis five
or six years.
The defense was opened Tuesday
morning by Attorney Shumway, who
10 haf