The Portland daily press., 1867-04-18
Supreme Judicial Court.

WEDNEsDAY.-The traverse juries were formed
as follows:
LIST Jury.-John E. Dow Foreman, S. H. Coles
worthy, Silas A. Cummings, Portland; Daniel R.
Allen, Cumberland Nathan Chadbourne, Sebago;
Alfred Cobb, Albert Carter, Brunswick; Ebenezer
Field, Windham; Francis L. Frost Scarborough;
John W. Seabury, Yarmouth; Leonard Straw, Stand
ish; James Whitney, Gray. r .tI
I'd Jury.-Henry NJ Minot Foreman, Rufus W.
Pinkham, Isaac johnson, Westbrook; " B. Fuller,
Cape Elizabeth; Columbus Knight, Alfred Merrill,
Falmouth; Josiah w. Merrill, Robert B. Ward Free
port; John Morrow, Harrison; Frank Phinney, Ed
ward t. Smith, Gorham; N 8. Shurtlef, New Glou-
cester. l 5s4i 8z ~ iHfe 1853
The Court ordered the following rule to be obssrv
ed in challenging jurors at this term: ld ..5 iF
Before the case is opened to the Jury the counsel
for each party shall, simultaneously, pass to the
Court upon slip OF paper, the Of the juror he
shall challenge Ella, and thereupon the vacancy in the
jurors in attendance In the same manner as Jurors
in capital cases are drawn. sfi" -A-t p tH ~.
No. 247. Weston & al. v. Grand Trunk Railway
Company This the first case for trial and 1t was
opened to the first jury Is action against the de-
PENDANTS as common carriers for falling to carry and
deliver 1000 barrels of -four in reasonable time from
Detroit to Portland. The defendants own the road
as far as Sarna, which is broad gauge road. From
W Branu IN inc Guy OF DetrOlC,
the road is built the gauge. This road the
defendants had leased, that no question was made
but that the defendants were common carriers from
Detroit to Portland. The flour divided into two
lots of 500 barrels EACH half of which from
Toledo, the other from Milwaukee. About the mid
die of JAM, 1866, the -four different days, hun
dred or more barrels at me, came into the hands
of the defendants, and delivered in Portland on
different days, from March 9th to April 22d. The
plaintiffs complain that this WIS unreasonable de-
lay that the -four ought to have been delivered in
Portland by the middle Of February at the farthest
1t was in evidence that -four declined from two to
three dollars per barrel from March to May 1. The
plaintiffs claim that the defendants ought to make
good their loss on the fall of this flour. -n ~
The defendants, in the opening claim that at this
winter season, when all water communication was
blocked, and the whole transportation thrown upon
single road and amount OF transportation of which
we hardly have q conception, more time must be
allowed than would be required at other times and
under other circun. stances; that defendants could
not their beyond Sarnia; that they did not
get their customary facilities for transportation from
other roads; that they did the best they could that
in the nature of things it was impossible to pre-
vent block as it would be to prevent jam in our
rivers when running our logs down stream to the
mills. N - ia A&8 Ar y <g
At the adjournment, the defendants counsel had
concluded his opening. He will introduce his evil
dence this morning.
Davis & Drunmond, with Putnam, for plaintiffs
p Barnes for defendants. FA st ERE j
There are six cases against the defendants depending
upon similar state of facts 1t is not probable that
they will all be tried out The result OF this case
will, perhaps, lead to an adjustment of the Others
The Court will not sit during next week, Judge
Tapley being under engagement to try the Bowdoin-
ham case at Bath, assigned for Tuesday, 23d. The
matter was submitted to the Bar whether to call in
another Judge or have recess, and they decided
upon the latter. -fRe- akue~s Gen 81
We notice that j. d. Pulsfer, ESQ.,, is present In
Court senographer and is taking notes of the trial
going on, which is an important one to our met
chants.