Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1926-09-25

tor vehicle while under the influence
Of intoxicating liquor.
The case Of Adelard Savoy Of
Fairfield. represented by Attorney
George Chapman of Fairfield VS. Joel
and Ralph York Of Fairfield, repre-
scented by attorney Frank L. Ames
of Norridgewock which was opened
Thursday afternoon In which Mr.. Sa-
voy is suing to recover $500 damage
done to crops OF corn. grass and tur-
nips in his field at Martin stream,
Fairfield in the summer of 1925,
claimed by the plaintiff to have been
done by sheep Of Joel York and his
son, Ralph York, was continued with
the opening of court Friday morning
and the following witnesses for the
plaintiff were heard, John III. Blodgett
of Fairfield, who worked on the sec
ton and testified to seeing sheep In
the Savoy field alongside of the corn
one morning but was not able to
state whether they were Yorks' sheep
or not; Everett Luce Of Martin
stream, Fairfield, was the second
witness of the morning and he said
he had seen eight or ten sheep in
the SAVOY corn and he believed they
were Savoys sheep as he helped sa-
voy drive them into Yorks held;
Cony S. Loren, also Of Martin stream,
Fairfield. stated that he had seen
sheep In the Savoy field several times
that summer, anywhere from IL to 10.
in the dege of the corn; Charles Ber-
nv of Martin Stream also stated that
he had seen sheep in the Savoy hefd
and that once he told the Yorks ne
thought they were their sheep. The
defense was opened late In the fore,
noon and seven witnesses were sworn.
The defense claimed a denial or the
charge and that the Yorks' sheep
were not responsible for any damage
to Savoy's crops during the summer
of 1925. The only witnesses heard
before the noon intermission were
Joel York and his son. Ralph YORK.
Much of their testimony dealt with
the locations of their fields and the
crops raised and the condition OF son
from which good crops OF corn might
he expected, the date of frosts on the
summer in question. Mr.. joel YORK
stated that Mr.. Savoy's soil was con-
siderable clay and that the corn dld
not come up well and that where the
corn did not come up that Mr.. ShVoy
planted turnips, and that the hrst
frost was on the Sth of August ana
that a killing frost came on the 49lh
of August.
The remainder of the case occupied
all Friday afternoon and the testi,
money for the defense was continued
by Mrs. Lucinda York, wife OF the
older defendant who stated that she
requested Maurice Campbell, VINO
was employed by the plaintiff to no
tify her II the sheep were in the Sa-
vov field so that they could take care
i,E
thought that the sheep were never in
the field.
Everett Otis, who was near the
field often said he never saw any
sheen in the field and stated that that
! section was likely TO have an early
frost. Herbert York Of Fairfield. in
! his testimony said that the soil was
! clay and not adapted to raising good
| corn crops and added that he never
saw his sheep in the field. Maurice
! Campbell who was employed by Sa-
! yoy during the summer of 1928, SAID
| that Mrs. York did ask him to notify
! her il the SHEEP were in the field but
! as he never saw them there he did
| not notify her. He said about a haN
| acre of the Savoy corn did not come
/ up.
Tibbetts York, another witness.
] who admitted that he was not on
! good terms with Savoy, said he never
/ saw any sheep in the Savoy field.
! Wallace Blodgett, who also worked
! for Savoy in 1925. said he never saw
! any sheep in the field and no signs
| OF the corn being eaten but that ne
I had seen tracks near the patch that
| loked like sheep tracks and that he
| called Campbell's attention 70 them.
Joel York was recalled TO state his
| age, "A years. Spirited arguments
i were made by both attorneys, who
! thoroughly reviewed the testimony.
Judge Pattangall gave general in
i structions to the jurors. who made
| up the second traverse jury with Ed
! son Clark Of Madison acting as fore
| man as It was their first case. He
| then instructed them as to the law
In the case before them. After de-
! liberating about a half hour the jury
| brought in a verdict for the plaintiff
| in the sum of s25 and court adjourn
! ed until $50 Saturday morning.
Prisoners will be arraigned and
/ criminal docket called after recess
! today.
| The four cases assigned for FRI
t day were disposed of as follows: We
/ lima Labonte vs.. Emile Gilbert. con-
tinued by agreement; Brown Wales
! Co. VS.. Cary c. Waterman, referred
to Mark Bartlett of Waterville. new
or amended pleadings as specifica-
! tons TO be filed within one month;
! Mildred r. Weston, of Skowhegan VS..
! Edwin Clough. defaulted for $3.50;
| Percy Rcdmon. pro ami KS. Owen
| Oliver was transferred to the Tues
day list.