Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1925-09-19
SUPREME COURT

derson of Pittsfield VS.. Charles "A.
Eastman, Exr. of the will OF Martina
f.. H.. was heard before the second
iurv of which Marshall c. V1les Oh
Skowhegan is the foreman. In the
case Mrs. Anderson sued for 500 Ior
services in doing house work ana
caring for Mrs. Hersey, who was an
aged woman and very i'll. The PLAIN
tiff was represented by Cover ana
Shumway of Skowhegan. The plain
tiff's witnesses were Mrs. Laura Gray
of Detroit, Mrs. Luclida libby OF
Detroit and Attorne.' H. H. Thur
Tough of Pittsfield. Only Mrs. Gray
and Mrs. Libby testified, telling or
services rendered by Mrs, Anderson
for Mrs. Hersey and that she was
unpaid, at time Of Mrs. Hersey
death on July 10, 1923.
The defense was opened by Cool
idge claiming that while Mrs. Her.
sey was an aged lady she didn't re-
ouire care all of the time, and that
Mrs. Anderson was paid for all her
services by Mrs. Hersey before her
death. The only witness for the
defense was Mrs. Addie Eastman OF
Old Town, the wife of the EXT, OF
the will of Mrs. Hersey and legatee
of that will, who stated that Mrs.
Anderson told her that she had been
paid for her services by Mrs. Her
sci. Mr.. Eastman Is a nephew Oh
Mrs. Hersey. The plaintiH caileu
Mrs, Anderson to the STAND a1ter
Mrs. Eastman's testimony and asked
her if she told Mrs. Eastman that
she had been, to which she answer
ed mo" Both attorneys arguments
were brief as was also Judge Dunn $
charge to the jury.
The Jury retired at 1925 and re-
turned at 11.40 with a verdict for the
plaintiff in the sum of $267.
The next case opened directly af-
ter the above went to the jury was
a companion case in which the same
attorneys acted in which Lovina
Gray of Detroit, a niece of Mrs.
Martha f. Hersey sued Charles A.
Eastman, Ext, of the will of Mrs.
Martha E. Hersey in the sum OF
S172O which was claimed that she
promised to pay Mrs. Gray. Mrs.
Gray went to care. for Mrs. Hersey
during her life time and in accord
ance with an agreement Mrs. Her
sew decided house in Pittsfield and
it's furnishings to Mrs. Gray.
According to the defense which
was presented by Mr.. Coolidge in
opening and argument, no witnesses
being called for the defense, that on
December 81, 1918, Mrs. Gray deed
ed back the property, both house
and furnishings and that by that in
strument and payment on same day
of $40 squared the account between
them. The witnesses for the plain
tiff were Captain William N. Ross of
Pittsfield, Mrs. LORNA Gray of De-
troit and Mrs. Lucinda Libby of
Pittsfield. At the noon recess the
case was ready for the defense's ar
gument.
Attorney Shumway argued for the
plaintiff the first thing after dinner.
following which Judge Dunn charged
the jury, retiring at 3.53. They re-
turned at SIS with a verdict OF SOU
for the plaintiff.
The third case on Friday was that
Of Addie S. Bryant of Pittsfield, rep
resented by Attorney II. n. Coolidge OF
Pittsfield, VS.. Sanford l.. Fogg, admin
istrator Of the estate of Cyrus w. Eos
ter, represented by Attorney Ernest
Mclean of Augusta. The suit was
brought to recover for services as
housekeeper and caring for her father,
the late Cyrus w. Foster of Palmyra,
for a period Of 81 weeks at Sc week,
amounting to $2226, and $15S5 expend-
ed for groceries, amounting to $3S1l.
The following witnesses were called
and testified for the plaintiff: DR..
Charles A. Moulton OF Hartland. DR..
Lewis H. White Of Newport, Frank b.
Foster of Palmyra. Henry b. Elbridge
of Palmyra and Sidney +. Weeks of
Pittsfield. The plaintiff claims that at
the request Of her father Mrs. Bryant
left her home and went to care for
her father, who was very Ill and need
ed much care, and that she did the
housework while she was there; that
she also purchased groceries and pro-
visions to the amount of 1855.
The defense put on no witnesses and
was presented in the opening and ar
gument of Attorney Mclean. The sto-
nv of Mclean, briefly told, is that Mrs.
Bryant cared for her father until he
| became very i'll, when Sidney p. Weeks
was called to care for him. Mr.. Eos
ter's son Frank was later appointed
guardian of his father and soon there
after took his father to Togus, where
,, he later died at the National Soldiers
Home. Mr.. Foster when asked II he
as guardian of his father, paid his SIS
ter for her services, stated that he dld
not. AS they were the only two heirs,
thew planned to divide the properly
without any court assistance after the
death of their father. Mr.. Mclean
presented a letter stating that Mrs.
p.,,.o+ hecause of rudeneSS OF one