The Portland daily press., 1869-10-02
Supreme Judicial Court.
YORK, ss-sEPTEMBER TEIK-BARnows, j., Phx-

No. 15O-Asa Small VS.. VIM. D. Ham. Action Of
trespass to recover for tops and limbs taken from
plaintiffs, close by defendant, who claimed them
under reservation OF call the timber" on the lot,
while the plaintiff commended this phrase only COW
cred the sticks of timber and not the tops and limbs
Trial by second jury. Opened to them Monday af-
ternoon and Wednesday morning they brought in
verdict of not guilty. Motion for new trial filed
by defendant.
Clifford. Moore.
No. 1s3-Nathan Chick Vs. Albion X. P. Lougee.
Tried to first jury on Wednesday. Verdict Thurs
day morning for defendant ON his account in set-o
for $50.
Drew-Cliford. Burbank
No. 3l0-Joseph B. Davis vs.. Elizabeth Emery.
The plaintiffs declaration, in the ridiculous fashion
handed down from the fathers. sets forth that the
plaintiff, given day, at Newfed, in said county,
possessed Of certain barn, and thereaerwards,
on the same day, accidentally lost the same which
casually came into the possession of the defendant
by finding upon the same day, and the defendant
theIeupon converted it to her The facts TO
support this statement were shown to be that Mr..
Davis bought of Mrs. Emery a barn "standing upon
land of said Emery, and to be removed thereirom
before the first day of May next" that 1t was not
removed before the day appointed. The plaintiff
contonded there was O verbal extension OF time,
which tho defendant denied. The Court instructed
the jury that unless there were such extension the
defendant ceased to have any right to interest in
the barn after May list. The jury were unable to
agree upon verdict
Hamiltons Clifford
No. 55s-Gilmore Emery vs.. Joseph B. Davis. All
about horse that is alleged to have had years
and faults and less virtues than were indicated In
the glowing description which plaintiff gave defend
ant of the animal. On trial.
Clifford. Hamilton.
No. 249-George W. Wilson vs. Lafayette Davis is
the next case TO be tried Parties and witnesses
on hand. 1t will probably close the weeks work.
Drew. Clifford.
No. 2OG-Sally Carey VS.. Elisha A. Bradeen, Exc
cutor. Relative to title to premises in WATERFORD.
Next in order.
Drew. Kimball-Weld s. Marshall.
All of the other cases that assigned, as per
the list published by us, have been disposed of with
out recourse to the jury.
On Wednesday, the 29th ult., the grand jury re-
turned into Court the following indictments (27 in
number) and, having finished their business, were
discharged for the term:
No. 56-stats vs. Frank Cleaves. appoint, cruelty.
No 5l-State VS.. Jno Mcguire, appellant, larceny
No. 68-State Chas. +. Gorham, applet, liquor.
No. 59-State VS.. Harriet Chadbourne, appellant,
No. G0-State VS.. uni. B. Robert appernt, liquor
No. 61-State vs., Saml. ID. Tibbetts, common seller.
No. 62-State VS.. Edw. S, Appleton, ="
No. 63-State VS.. Abraham Ruggles, It
No. 64-State VS.. Limerick, defective way.
| No. 65-State VS.. Winslow B. Smith, larceny
pe1dd guilty.
No. 66-State vs.. LimingtOn, detective way.
No. 67-State VS.. James Mari, common seller.
No. 68-State VS.. james o. Tretethen F."
No. 69-State VS.. VIM. o. Chapman,
| No. 70--State VS.. John Dean,
No. 71-State VS.. George Mason ct al, assault and
battery
No. 72-State VS.. George Mason. common seller.
No. 73-State VS.. Sarah A. Leavtt, larceny.
No. 74-State vs.. Alexander WEIGH ct al, larceny.
No. Estate VS.. John G. Gerrish ct al, compound
larceny-Gerrish pleads guilty; Bickiord not guilty.
No. 76-State VS.. Same-Same plea.
NO. 71-Stae VS.. Albert Leir, assault and battery.
| No. ESTATE vs. Edward Bennett larceny.
No. 79-State VS.. VIM. b. SampsoE-No bill found.
| No, 80-State vs. James wayland
| No. 8l-State VS.. Noah Phillips, common seller
No. s2.-State VS.. George Heard, assault and bat
| terry,
| No. S3-State vs. Boston & Maine II. r. Co.
| No. S4-State Vs. P. s. g. p r. Il. Co.