The Republican journal., 1870-10-27
SUPREME JUDICIAL COURT.

CUTTING J. PRESIDING.
Joseph II. Rich VS.. John Lane. This was an
action to recover the value of a small shop in
Brooks which had been sold. on execution. against
one Leathers, to Abram n. Moves of Belfast. 1t
was afterwards sold to Rich. who occupied it,
Finding that the title was detective Rich paid
Noyes the amount of execution against LeathcrS.
and took bill of sale and assignment of execution
This action is to recover damage on account of a
defective title. 1t was claimed by defence that
Leathers had no title when the execution was
levied. The ease was much mixed The Jury re-
turned verdict of 500 for plaintiff
Samuel S. Towle VS.. Nathaniel Evans I'd. of
Brooks. The defendant in this case, about year
ago, gave to a son of plaintiff, as boot in horse
trade, town order of the town of Brooks, intcnd-
ed to be drawn for $3.50. The document itself Was
queer affair and read as follows
No -- BROOKS. Oct. Is, 1869.
70 James o. Nosmith Town Treasurer or Successor.
Pay to Nathaniel Evans ninel the sum Of Is
eight mine dollars - cents, it being for support
of Charles Evans.
NJ. CHASE, lSelectmen of
$3.50. J. ELLIS, JR, Brooks.
The wo;ds in brackets We're written; the rest of
the document is the usual printed form. In the
Order it appeared in court, the figures $685. in
''hiiCi
stamp, which Mr.. Chase testified was not on when
it left his hands, town orders not calling for stamps
The plaintiff, into whose hands the order fell
sold it to 4. J. Hartman, hardware dealer of Bel
fast for about Ss9.00 but he took it back suisse
qucntly. The town officers made 4 hlund,r in
drawing the order reversing the places of the dot
lars and cents, and the stamp coneealing the corner
figures made it pretty plausible looking document
ia tba AZ
to be to determine whether it was case of forgery
complicated with cheat in swapping horses, or of
an altered town order mtigated by IN exchange of
'animiles.' One fact WAS evident.--tlat il WAS a
hoss case" of the first magnitude. Not only
were the town officials all present to testify, but
every body in all the region round about who knew
anything about the sold gray mare" and could
tal hoss,' there to talk it from the witness
stand. The defendant, who is tin-pedler, showed
the proverbial shrewdness of his class by engaging
the services of Mcclellan, who is intimately ac-
quainted with that noble animal the horse. while
Esq Abbott, who appeared for plaintiff, usually
goes foot The way Mae put those witnesses
through the whole catalogue Of distempcrs,-
heaves ,ringbones. span ms, glandcrs blind saggcrS,
etc.-was wonderful to behold. The plaintiff
could only look on in silent dismay.
''And still the wonder grew
How his one head could contain I'LL Nh knew"
The point sought to be established by the defence
was that the mare exchanged for the order and
another animal was not worth, and could not have
been worth. an $50 order-in short that she was
nine dollar mare and nothing else. She could not
be put on the stand but Mac took frequent occasion
in his interrogat0res to alludc TO her rs 1.-THE OLD
mare now fastened in front of the Court House.
Consequently, on at iournment she was surrounded
by curious and critical crowd. The amount amt
quality Of the swearing about that piece OF horse
flesh was something fearful. One enhu5 aStir wit
ness testified that since the trade she had Shrunk TWO
thirds. Another who was eXtolling her value was
asked by Mac "W you give 50 for her. Yes,
promptly replied the witness. She is yours
said the counsel Being under oath the witness
will of course have to take her, under the pains and
penalties of perjury.
The Jury found as many knots and ntricacies in the
case a, the witnesses and counsel had. They passed
the larger part of the night in vain endeayor to I'M
rayel them. and in reviewing the "hoss talk,' and
finally agreed to disagree. We fear the ease may
never again be tried, with the old gray mare >Ilg
eesively hchod TO the gate post of the temple of
Justice. She must shrink the other tliri. am!
rn1s III her checks
The case Of Charles Elliot against eN-Nherih
Grant, for illegally attaching and selling stock of
goods in Knox, which plaintiff claims to have
bought of b. +. Chandler, is now ON trial for the
fourth time, and will occupy several days.
The Grand Jury has found thirteen indictments,
viz: For bad roads, >; homicide, l; larceny, Z;
fraud, | liquor selling y: adultery, l. perjury 4;
assault with intent to kill, /. The Indictment for
homicide is against Hiram l.. Eastman and Iuriu-
ia Eastman. his wife, of Frccdom, for causing the
death by starvation Of one Mary Clifford, an invalid
lady under their charge, by dcprivn& her OF food
at various times, and thereby reducing her H. 10
produce death.