The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1865-06-09
Supreme judicial Court.
May Term. 1865. at Alfred
wx.s sAnsows, J.. PRESIDING.

wu.s BARRows, J., PRESIDING.
No. 1871 Samuel B. Fitzpatrick ys. city OF
Biddeford. In this suit, claiming $4,000 dam
ages for injury TO plaintiff arising. as he do
ciares. from detective way which the city va,
bound to keep in repair, the jury after being
out four or Ave hours, brought In q verdict Of
si700 for the plaintiff Our reporter adds ;,
"This verdict Is clearly erroneous and iliogicai'
Cant. G. 3 knee-pan was broken In such . man.
ner as to render him liable to a displacement Of
the knee joint ut any time. by slight misstep
or slipping he Is famed for life, and peculiar
~ disqualified for the safe and successful pur-
suit of his profession asa seaman. Under these
circumstances, II the city icere liable at at,
the damages were too small by half; II the city
were not bound TO keep the road in repair, then
the def. should have had the verdict" The
plf. and by r. p. Tapley, Esq. for the city.
Nos. 1856 & ls7.-wm. Keep and wife vs.,
Richard @. Thornton and al., and same In Sci.
Fac. VS.. Richard c. Thornton. After No. 1856
was opened to the jury. the defendants "agreed
faulted for 500, without costs which offer
was accepted. Neither party was entered In
No. 1877. M lrU .r..T H.
Luques-J NJ. Goodwin. Tapley & Smith.
No. l30.-Edward +. Bourne, Exr., VS. Chas.
Ward This suit was on writing declared up.
on Ms promissory note of the following tenor:
s65825. "Kenncbunk. June 10. 1882 ''Six
months after date promise to pay Thomas
Lord the sum Of six hundred and fifty six dol
lars and twenty five cents for his three sixteenths
interest 10 the Rollin. Thorne & Co.'s accept
ance for $1,000. given on account Of barque
waverly and remaining unpaid" >"Charles
Ward" The defence was that II was not a
promissory note, but merely proposal to pur-
plf. was nonsuit for lack Of proof Of consider
alton, the judge at nsi prius ruling that the
instrument did not import a consideration
The full bench overruled this decision and sent
the case to be tried before jury. After the
evidence had been drawn out the case was tax
en- from the jury and reported to the Law Term
Bourne. jr., plf. Dane. def.
Nos. SIS, 66, 81. 60 and 10 State VS. George
W. Mellin, Isaac Blaisdell Lewis Blaisdell, Isaac
Wallingford and Levi W. Kurdish.
The above. named Ave individuals were tried
for disturbing religious meeting In Lebanon.
Defence, that the meeting was not religious In
its character and that the defendants did not
pilfuliy disturb u. The assembly was Of n
sect of "New Lights" or "Come Cutters"
Elder Adams. tho chief of the sect, was wit.
ness he testified that he had raised persons at
once out of burning fever by the imposition
of hands. The defendants attorney asked wit.
ness IL he could raise the dead to which he re.
piled that he did not know. He was asked what
he thought about II he answered. he was there
to tell what he knep, not what he thought. The
three first-named defendants were acquitted and
the jury could not agree as to Wallingford and
Furnish.
Kimball, Co. Atty. VIM. Emery, Drew & Ham.
ilton.
No. 2o6.-Merrill Bailey and al, Trustees,
&c., VS.. Peter Frost. This case was another
phase of the ''irrepressible conflict" that ha.
indomitable Peter ind his broad brim neigh.
bors. It Is an action OF trespass brought by
the Shakers against Frost for cutting trees up.
on land claimed by both parties. On trial.
Drew / Hamilton. j. NJ. Goodwin-Tapley &
Smith.
No. 5i2.--Eliphalet Jones, lblt., VS.. Rebecca
H. Jones Divorce decreed as prayed for, June
Q, 1865.
The next cases, and only ones the Court will
be able to hear Mt this term, are Nos. $50 aud
457. being libel and cross libel between Albra
W. Shorcy and Lucy J. Shorey. each party al.
Yea,on. T. II. Hubbard-Tapley g. Smith
On Friday morning the Grand Jury reported
to the Court the following bills and were then
discharged There were q Bills OF Indictmen,
found. viz:
State VS.. John F. Emery, for Assault and
Battery.
State VS. George Blaisdell, John C. Pierce
George W. Mellin. Isaac Blaislell. Lewis Blais.
dell, Charles Rankins, Isaac Wallingfrd, Lev
W. Furblsh and Lewis Rankins, for disturbing
n religious meeting.
State VS.. Samuel AlcKenney and al, for Adul.
terry.
State W.. Susan Small, for Fornication.
State VS.. Tryphena Hurd. Common Seller.
State vs.. Edwin A. Written, Assault and Bat.
terry.
State vs.. Daniel Lang, Assault and Battery
State vs.. Supply Dean. Malicious Mischief.
State VS.. Albion Lord and al., Adultery.
State VS.. Ivory Goodwin, Assault aud Battery
State vs.. James Scott and al., Riot and As
sault and Battery.
State vs.. Charles Hilton, Burglary.
State VS.. Amos Fclch, Common Seller.
Nos 81 and 58.---State VS.. VIM. d. Reed, fol
an assault /; and State VS.. Hy. A. Reed, for IN
assault and battery, were tried and verdict o.
guilty rendered In both cases. In the first the
respondent was fined one dollar and costs, and
Henry A. Reed was fined ten dollars and costs
Kimhall Co ATTY. Low