Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1925-09-12
Testimony In Frost VS.. Tingley
Case Occupies Kennebec SUI
perior Court Session, Friday
Will Be Given To Jury This
Morning

Friday at the Kennebec county SUI
perior court and the case will be
argued and will go to the jury this
morning. This is a suit for 1915,
claimed by Edwin C. Frost of Read
field and New York City, who holds
that he should be reimburse for
hay which he claims to have paid
for but which he later found he had
not received in full weight. He also
claims in this sum an amount for
the use of his men and horses on
the farm of David H. and Fred Ting
ley, whom he had hired to manage
his farm. Mr.. Frost is represented
by Attorney Charles ]. Cole of Read
field and Ernest l.. Mclean of Au-
gusta and the defendants are rep
resented by Attorney Ellsworth Pea
cock of Waterville.
Edwin G. Frost, the plaintiff, was
the first witness to be called to the
stand. In answer to the questions
put to him by his counsel, Mr.. Frost
stated that he lived in Readfield In
the summer upon a 250-acre farm
owned by him and that in the win
ter he resided in New York City.
vid H. and Fred Tingley of Readfield
the standing hay on their large farm
for which he agreed to pay So ton.
The weight was to be arrived at by
Charles Collins of Readfeld, who,
it had been agreed between the
Tingleys and himself, was to meas
ure the hay. Mr.. Collins returned
a weight of about 95 tons and the
amount was paid. The sum of $1O0
had been paid down at the time of
the agreement and later Fred Ting
ley, who in the meantime had en-
tered the employ of the witness, paid
the remainder to himself.
In the course of a few weeks aft
err the hay was harvested Frost had
found that 1t would not be neces-
sary to have the entire crop kept
for his cattle and he had directed
Tingley to press out 60 tons of 1t.
Instead. but 4S tons was pressed
and later he had directed that the
remainder of the hay be weighed.
When this was done It was found
that there was in all but about %
tons of hay. He also testified that
he had instructed the Tingleys TO
keep his men at work on his farm
hit later found out that they had
been put to work on the Ilhgiey
farm. .,aos
that he is the general manager OF
the Strout Farm Agency. He stated
that In all the sum of S479.3O was
Maid for the hay. He denied tnat
he had hired the Tingley farm TOT
the neriod of one year at the same
time that he had hired the Ilngleys
to work for him.
Charles J. Cole Of Readfield, an
attorney of record in this case, tes-
tifving by permission ofsthe court,
declared that later he had asked LOT
permission to remeasure the 1lnsles
harm to check the figures mace ps
Collins and that the PERMISSION hau
been refused.
Robert Harris, who was empioEeu
at that time by Frost, tolo III W
fail of work done on the linsso
farm by the Tingleys ana men VIZ
were employed by Frost. ne sya.1
that after Frost left for New W
the crew worked for TWO anu ara
DAVIS on Frost's farm ana tnen "
employed on the Tingiey piae .,e
Maurice Moore testihed as ~ NOS
aim of the agreement anu We. rasant
done at that time. as ne was y
on that occasion. raa n give
Nelson Gordon was caiiv ,u;oh had
~, veights OF the hay whlch hau
,ne boI,Ied to his scale for Wels1ro
- stated that it was nearly !"
tons. az this point
~ defense placed DAVID q.
, atu unou the stand. Mr.. Ilnsisy
Ia that he had sold the nay ioi "a
ION and that it was to be measu,s st
'o tha first of September. Al his.
thav had decided that eacn sn1u'u
snno,nt a man to measure tne ny
pd that the two thus appoih.sa
sho,,,d annoint a man to measure .ns
Saw and that the two thus appoheeu
should appoint a third man ~
nhen Mr.. Frost had suggested Loi-
1;rs az his man, Tingley had aecia,
"a bis willingness to let Coiilns uo
~ work alone. This Frost ana
a .nT 70. He stated that ne nau
aora with Collins to the parns
s,,hare II was stored and had SHOWN
him where it was. ~. a.. hav
Tba witness, declared that the nay
h.d taken every available 1901 VI
.he harm and that it had even peer,
niIed in the barn floor. one ioau
could not be placed within ei,hes
~ the harms at the time ard ne hau
ai,owed several children to play on
t1,o hav NOV so that 1t would set,is
amd the remaining load might pc
slowed away. 1t had been s.oIeu ~
hand and had not been unloaoeo Win
a fors fork. =. The
He also testified with regard 70 .r lie
work which had been done on !ha NE
farm. saying tina tit had oeen III .n
agreement when Mr.. Frost hau H. ry,
them that he would lease tneir 49, 90
for the period of one year anu ,ur
thew were to haul out the Ha tataS
and put 1t on the farm. ne sect sect
Ina. had worked on his farm he had
lated Frost with the amount o.
the;r wages. He also explained tnat
the hav had been cut very late, "hen
- MAS all seeds and straw ana ihaI
~ would not weigh as much ihen DO
g. would IL cut at the proper tlih. ,
TT. had stated before before the tr.a.'
he said. that it would weigh apou'
du The deposition Of Charles Collins
Who measured the hay was in trouuI
ed Mr.. Collins in the deposiiiom
sta+ed that while measuring the nay
d H. Tingley had asked him now .s
,n,,ch he was going to allow to tne
ton and he said he thought 500 cu had
fact would be about right. He mao
been tee told by Tingley that It wa. was
stored very compactly. that chi,
dren had been playing upon H. an, anu
that he thought it would be all rignl
to use $50 cubic feet. The aepoS,
ton goes on to state that later ne
decided upon ATS feet and that per
haps he might have been infiuencea