Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1925-09-26

birth, education, religious or politi-
cal preferences. He stated that we
all descend from someone who left
some other country and came to
this country. The defendant is a
Canadian and Judge Dunn deferred
to the coming of Lafayette to AM
erica to assist George Washington.
The judge stated that Betsy Ross
made the flag to float over every
American citizen regardless of ma
tionality and added that in the
court justice is done. He said that
in this case there was no middle
ground. Judge Dunn defined part
nership and said it was not necesS-
airy for Goodwin's name to appear
for him to be Petri's partner. He
called the jurors attention to vol
unteer information in the testimony
instead of asking questions directly
and the rushing in of one witness to
volunteer information concerning the
reputatio of the defendant. Judge
Dunn referred to the value of
Daugherty's testimony as he had not
been in the courtroom and so knew
nothing of the development of the
case and recalled the statement that
Goodwin told him in July that he
| was a partner of Petri and that he
later told him that he had with
| drawn.
The judges charge, a masterpiece,
was compreh ensive in regard to the
| law and covered the case in a most
thorough manner and was listened
| to with the utmost interest of all in
| the courtroom.
The jury retired at 1925 and at
az o.
PENDANT. Judge Dunn requested
| that Mr.. Goodwin be ordered to re-
port at the court house and late in
| the afternoon a conference was held
by the court with Mr.. Goodwin and
attorney Coolidge. Mr. Coolidge
| filed a motion for 6. new trial.
The second case on Friday was that
| of Barney Cianchette VS.. Thomas b.
| McAllister, George Purgeon, Charles
; Mitchell and Alva Mitchell. The plain
| tiff was represented by Attorney Coel-
] idge, and McAllister and Purgeon by
I Attorney A. X. Butler. and Mitchell by
| Rogers of Waterville. The case was
held before the first jury. The suit
was brought to recover the value of
a promissory note dated December 5,
1929, with interest.
| The defendants made up a partner
| ship named Maine Chair Co, operat-
| ing at Burnham, and they gave this
| note to the plaintiff. After about eight
or nine months they closed the part
nership and formed corporation
\ whereby the men became stockholders.
In February. 1924, McAllister and Pur-
| geon sold their stock to Charles
| Mitchell. who agreed to take care of
| the outstanding accounts. Some time
| after this Mr.. Mitchell gave the plain
| tiff new note which was dated De-
cember 4, 1924, and signed Maine Chair
| Co. At this time Mr.. Mitchell received
the first note made out while the men
| were In partnership.
The defense witnesses were Mr.
| Mitchell of Palmyra, McAllister OF
Burnham and Mr.. Purgeon of Fran
ingham. Mass. The defense claims that
the plaintiff received payment in the
new note presented by Mr.. Mitchell
and besides that the first note was
returned to Mr.. Mitchell was evidence
Of it's payment.
A question of law made it impera-
tive for Judge Dunn to direct verdict
| for the plaintiff. The estimation OF
| the amount of damage was put to the
| jury, which brought in verdict OF
| S110S.65.
The trial of the civil docket of the
September term, 1925, of Somerset
| county supreme court. closed Friday
| afternoon with the case of George
| Harlow Of Norridgewock (Ames) VS.
Levi Bishop of Skowhegan (Butler)'
The suit was brought to collect pay
ment for fertilizer and hay sold to
| Mr.. Bishop. The bill amounted to
$192.92 on which there had been one
payment of $49.25. leaving a balance
of S143.74, and leaders of birch were
applied on the account, leaving a bal
ance due at the time Of trial of S1OO.S4.
The only witnesses were Mr.. and Mrs.
| Harlow. who told of the transaction
| After the plaintiffs testimony the case
| was defaulted in the sum of s13o.
This morning at $50 the trial of the
| criminal docket will begin. There will
be no session Monday, and after today
the Jurors will be excused until Tues
day.