Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1858-11-19

several items paid to the PHI in review for a
piece of land which claimed on verbal con.
tract-thc PIE in review refusing to convey
uhcrcupou this suit was brought. The defense
set up wasa written receipt in full Of all accounts
Of a later date than any of the items in the &C :
count. signed by the Deft in review
1t was shown by the testimony of Def in re-
view that the receipt was taken away contrary TO
the agreement and therefore is not valid. Pla.
in review testifes that the bargain wa, complete
and he had right to the receipt. Tho jury
bring in verdict for Dcft. in review.
Kent L Hale for PlG. IIinkley for Daft.
10th DAY.-o1vIL DOCKET.
David Bartlett Z. David Bartlett Cd.
This is an &C. of qnre eiau-un. After the
opening Of the case by the PITS. htty.., and
evidence put in, the defense admit 50 much of the
allegations rs that the Court rule that the action
il sustained, and assesses damage. at $50
Hale knowls for Pits, -IIiuckley Kent
for Dcft.
llth DAY.
William Webster the Prisoner was broug ht in
and sentenced to years in the State Prison.
18th DAY
William W. Roswell =. jesse IIinckley
& ais
Replcvin for the Schooner Theodore Freling-
huysen. Plea eepa. Brief statement that
the property in the vessel was in the dcfcnia nts
From the testimony in this case it appear ed that
in October of last year. the said Schooner under
the command of one Eben 5 Church, sailed from
Calais with cargo Of l,ths aud pickct,, bound
for New York. On the last day of November
1857, she put into Buckle Island Harbor a. Swans
Island, apparently in good condition Tho Cap.
tain went en- shore AMI remained all night and
the next m'rning tho vessel found full Of
water. The next day the Captain sold the deck
load to some Of the inhabitants of the vicinity for
about one sixth part of its value, and the vessel
vas permitted to remain full Of water, and part
{! the time on her beam enfs for four or five days
until the Sunday following. when her cables were
slipped and she wa. taken ashore on the aat,.-
1t did not appear that the Captain made any eff
fort TO free the vessel Of or to take out the
cargo. but on the next Tuesday caused the vessel
together with the hold full of aths t, be sold at
auction. The vessel valued at $1,000, wa, sold
for $3s5, aud the cargo for $50.
Capt. Church had noted protest before a
Justice of the Peace the Saturday before the sale,
81 Bass Harbor, fremont, and an hour or so be
fore the sale called survey upon her. The sur
vsyors had no opportunity Of examining the bot.
tom Of the vessel and could not tell whether she
was damaged or not. but they recommended
sale in consequence. as they alleged, of the dan
gsfou. position in which she lay.
Within few hours after the Def. purchased
the vessel, they had pumped the water out ( her
and wit ~, IN akin aay re2lr. as her hull WAS
min ured, thsy made sail for De n Island After
reui;n;ng a few DAY. AT tho ia.ter plac, toe YES,
al was taken 70 Blushiil, whcr, half Of hor car
20 was disciargel. She wa. then taken back to
beer Island. the remainder of;hc cargo dijcAars-
ed ami the vessel hauled up for the winter
Tue Defts. int oduced testimony to .hnw that
the ha-bof wassn unsafe one. and was exposed to
y. L. Torms-tha. the vessel lay in dangerous
position within twenty or thirty feet Ct the rocks
Va, TO, sufficiently secured, ani that y. +.
storm would have driven her on 10 the rocks aaa
broken her up-that y. Ea.teriy storm did
And that the vessel w1ul / have been DESTROYED If
.he hal remained in the position where she was
a. the time Of the sale, and uales. she had been
purchased and rem nyed by tho De.ts.-that the
Master we'll the Defts acted in good faith,
and for the ineres- Of the owner, and that there
was an apparent necessity for the sale.
The Plf. the other hand c0ntcndcd that
tAore necessity whatever for the sale, and
that the master did no, ac, IN good faith and FOR
the interc,. of the owner. lie introduced ;esti-
noay to prove that the harbor was one OF the
best on the eoast-that the master mi ght have
strsn notice by telegraph from Ellsworth to
Salem where Plf resided, within four or five
hours after the vessel filled with water. bu, that
no notice was givsn-that he did nothing towards
taking care Of his vessel-that several masters
and owners Of vessels at Bass Hartor, offered to
render him whatever assistance he desired, but
tina, hc declined their assistance-that the vessel
was uninjused and in safe place at the time of
the salc--that no such storm arose as could have
injured her-tha. the proceedings in regard to the
sale were irregular, and that finally tho master
ran away with all the proceeds of tho sale, and
The Pif. had heard nothing from him since.
Various ether points made by the re.pec-
tive counsel, but the above the princi pal
ones large number of witnesses were exam.
mad, aud the Court was occupied three days in
getting out the testimony. 1t was argued at con-
siderable length by Wiswell for PIE, and Knowlc.
for Deits.; and the whole of Thursday and a bou,
an hour Friday morning were taken up by the ar
Suments
The following questions were submitted to the
Jury by tho Court. LIST. Was there nccess ty
for the sale I'd Did the master act in good faith
And for the interest of the owner in making it,
Both Of these questions were answered in the
negative, and q verdict was returned for PHI.
Petersa Wiswell for Plf-Hinekley 4 Knowles
for Deft.
18th DAY.
James Condor T. Inhabitants of Or land.
This was action the case for damages in
consequence of defect in the Dead River road
IN said town of 0rlani, by reason of which defect
Plts. horses leg vas broken, and the horse lost.
From the testimony it appeared that in March,
1857, PHI. was passing over said road with load
Of timber. drawn by yoke of oxen and the horse
IN question-that there a hole from six to
eight inches in diameter and about three fee,
deep, partly through the ice and SNOW, at the end
OF . euvert crossing said road, and that the horses
Tore log forced into said hole and was broken.
1t appeared also that on the opposite side Of the
road there was at the tin little snow and
Ano that for convenience most of the teamsters
passed over or near the hole where the accident