The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1870-04-06

Fo- Hafax. ;. .Joho Porteous.
INSIDE Lin, to Bangor. Cyrus Sturdivant.
Untscd ssasos Oi~lrscs C~wvt.
"a. AARcH TeRx-JuDGE FOX PRESIDING,
ssD '.-Samuel P. Dutton vs.. steam tug Elk
pros Iv'oence Tor the defence is still In progress
SWout. G.F. Talbot.
Geo. p. Dutton. LA. kmerv.
APRIL CIVIL TEE d-aoDDARD,J j., PRESIDING.
TUksDAY.-The Superior Court. civil term, came
In this morning. Prayer was offered by Rev. A. W.
Pottls. The jury Is the same last term. The
court was engaged in the forenoon In calling the
docket and assigning for trial. Before the reg
ular routine Of business began Judge Goddard ad-
dressed the oar IS follows:
Befre entsring on the third year of our court It
may not be improper to detain the bar with brief
review Of the work done by them during the past
sshfsen terms, since we began our labors together
two years ago.
During the past year court has been held 1877 days.
or . LIT less than two-thrds OF the time; during
ehs year preceding 1872 days.
Civil business has occupied Ia days, during which
single jury has been employed 70 days. and the
court without ajury II days; number OF jury trials
Vi number Vt Justice trials 1922 In all l47 civil trias
Inc nrst year, jury 70 days; iusice 90; in all 1ee
days OF civil business: 40 jury trials: 13s justice
uaals; IN all lso civil trials during the frst year.
Number OF original civil entries for the last wear
Aes; transferred from s. j. Court s; total new en-
sries Within the year IA; continued from the pre-
esdins year 2le; 10 all 1885, which 1887 have been
Anally disposed Of and so2 have been continued 10
this term. OF these last large majority are coutr.
ned tor judgment bankruptcy, to abide otuer cases
70 be defauted, or f'r some nominal cause, and 70
ars vrtn lily disposed Of; there being LETT for actua
uisi at th's term ajury list OF only H. and Justice
ust or "; In all 81 actions for trial. At the adjourn.
ment OF the March t-rm the jury list had been re.
duced to 80 and the jury list to 81 50 actions in all
During the year previous there were 1911 original
entries and 15f transfers. In all 1862 new entries of
which 1912 were disposed of. During the two years
there have been 27z original civil entries and 1855
transfsrs In all 1882 new entries Of which $3.50 have
bssn naally disposed Of The largest monthly entry
last year was 49, and the smallest 100; average 49,
average The terms have been raised
nom IL to - ~~ys; average length of last years
Eight hundred and 6fty-three plaintiffs execution.
havs bsen issued during the year, amounting with
euteosts to sioo 10 indicating an amount Of civil
business adjudicated on during that time at over
vHoVeo. Ot the exceptions q ed during the years
sos and 1870 10 have ZEN overruled by the Supreme
JUDICIAL Court, and none have have been sustained.
forty-one applications tor naturalization have been
heard during the year, Of which "a were allowed and
7rejee.sd.
The three last criminal terms occupied SO DAYS.
two juries being employed 80 days; IS indictments
had been transferred from the s. j. Court and 1o7
new indictments have been found during the year,
besides Il criminal appeals in all 12I new criminal
cases, making criminal list OF 1872 actions, 16o of
which have been finally disposed Of leaving only %
the and NJ lac lam F~ S,,..., l.. ~
not more than three or four OF them are, however,
nor actual trial. Number Of criminal trials St, re.
saeng 10 80 verdi:ts of guilty. % acquittals and II
engagements; IS sentences have been passed, Of
wmch 81 were to State Prison, "a to JAIL to the Re-
norm School and IS fines. Average State Prison SEN
tsncs years. Jail sentence 81 months aggregate Of
hnes $21o1.
1have granted new trial to two respondents con-
ucted on what seemed to me Insufficient evidence
but no exception in any criminal trial has been sus
tained by the s. j. Court.
wnen tine superior Court went into operation tho
civi docket OF the Supreme Judicial Court in thfs
c'anty had become crowded beyond endurance a.
one OF it, learned justices graphically observed. At
the January term. 1885, its condition was hopeless."
tor the number OF old &C inns bad reached 1as4 and
the new entries at that term were 49, total of 1921
During the whole Of the past year there were but ls5
new entries in that Court against 1915 in this or
about III per cent. The docket Of the approaching
Apn term Of that Court contains only 46s coutiu, ed
acticns. reduction OF s43 within two wears, Of
wnach 100 have been transferred directly from tn.
Court to this for trial and hava been disnos.a =.
finally.
A second years experience must, it il Thought.
have banished all doubt Of the necessity of this new
Court In this county, and has demonstrated that the
act which created it, SO carefully drawn by your
committee and % thoroughly revised by yourselves
and passed by the Legislature without alteration.
was pre- dsely the remedy required, and that civil
iafsed tacilites afords Tor tina speedy trial ot
m has any party failed to oSa IL sns . se n
second term except for strict legal cause proved
TIE other rty. although it has oten necessary
70 hold one term fully up to the beginning Of the
next Tor that purp, e. Il Is worthy Of notice that
although tie entire criminal business Of the untv
has occupied 50 days. or n per cent Of onr sessions
curing me year yet this Court has sat only Is days
nal term, This doubtless is in part the result Of The
cessation or transfers Of civil cases from the j.
Court, an partly the effect OF our Increased famii
arity with the new machinery If court 80 dierent
IN manv respects from former experience. And it IL
aomewhat the length Of our session. inas% rs5ucs
the docks: Of the s. j. Court or this comfy n now
f:aa'sd within such dimeus that &C.
term, ADD doubtless there will soon be Ten an
cy tor new business 70 flow in larger prop rtion into
Foe although Mbels for divorce real actions. ecnitv
proeeedings. probate appeals. and few other com.
and cases up to $500 ad damnwns are limited 4, This
yes the concurrenC jursdict OF the two courts al
fSsos ysfy " sren for gentlemen Of the bar Of
this admirable self adjusting arrangement it ia cer
tan that business will always preserve IT'S just level
cn that each will have for the time ben0 ec,seiv
sesI amount OF business which It can dispo o. 10
soe best practicable advantage Of suitors Tor whose
all OF this business for the past two We rs into
tes superior Court SIMPLY proves that gentlemen of
bring most Of these ,ons here y reasons satisfac
tory 70 them 81 Go hey have been left tree to bring
u no yr.c aIn, q any considerable lie in either
that liberty Ifsxperience should show how that A' this
which formed part OF it's original constitution and
wss feearded .. an experiment. might be re-trans-
The Legislature Of 10 adopted one important fea-
s1se Of our organic ::t by reea ing the bar Of the
and that OF 1870 has extended rig Of certifying
exceptions In certain tc the Chief Justice tor
pr;ws terms OF .. Court throughout the State. it
v believed that the day is distant when the OPP
b 65 IT ts here
The last year. experience has strengthened my
Vision OF the docket and Of the jury and Justice trial
lists the frequent closing up Of business an general
emotion Of promptness and dispatch are iujisp.r.
sable 70 the highest usefulhess and success OF this
court. BY this mems we enabled 10 Conduct
jury trials with but one jury and yet avoid wearyins
Jurors, which would be found difficult with fewer and
larger terms. Aud by thus dispensing with one jury
% ~ the civil terms and sitting without jury near
" hal the time, the expense OF the cou,t has been
Eedaeed % per Cent. tor tho daily expense to the
c)1nly for each days session OF q court with two
1uries - about $50, with jury $50. and without
jury less than 500 that the expense to the county
nor tlae al civil days session Of his during the
past year woul have been with two juries at least
III 800 Exclusive OF their travel while the actual
exp nse has been only about $50O0 But this is not
were tried BY jury in 70 about day to case
while 10l cases were tried by the Judge In II days.
Or at The rate Of about case In lilo of day, show
Ing that have been tried bv the court as rap
Idly ~ BY the jury. This would indicate an ex-
pense Of In te I'd Of 5000 for the transaction
or the same amount OF buiness under the Old sys-
tenn. or saving to the county IF $2O00O in one year
enIrL the present arrangement. OF course the ex-
OF parties and witnesses must been great
as oaly remains for me to acknowledge that what.
neW court ~ IN nv judgment manly due to the wise
!oresisnt with which the bar of this conntv davsad
uiounal precisely suited to their wants az nno~
~ Win wh en- they have sustained it, the renarta
pc ieciity Win which they have adapted their bab
~ sni prartice to systen so ia iicaliy difserant
from all their former experience, and the uyarvino
indulgence and aid which has been extended nv
ntIeman OF this bar 70 ur Judge in his Efforts y
eject rne purpose for which the Leg Stature has de-
cared that this court created and which was en-
eravsd on Its ZEAL ito fac litate the prompt admlnis.
tration OF justice In Cumberland COUNTY"