The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1870-09-30
SUPREME JUDICI.iL COURT.
York County, sept. Term, 1870
pAsFoRru, j., PRESIDING.

THURSDAY AND PRIDAr, Sept. % and q. No. 20
Poison v. Davis. Trespass Of the person: PHI
brings an action 10 rocver 5000 damages, alieslp'
that on certain day In the winter Of 1870 he wa
assaulted by def, who struck, kicked. bruised ant
mal-treated him IN various ways, using abusive
langua Q towards him, calling him "tho most mis-
cradle creature In the world" and "deyilish ole
which the exceeding great delio cy of the witnesses
forbade them 10 repeat IL Was In evidence iha
deit. offered TO kill plf for the Insignificant sum
four cents, and evidently cons lerng this m being
sdecidedly generous offer, oouid not be restnlnes
libeality, but continually repeated 1t In mannol
highly offensive and insulting 10 the plf The plf
also labored 10 prove that hc was 30 severely In
ured by the assault as TO he entirely ncapacltatet
ifom doing work for long period, One witness tes
tilted that "Mr, Folsom didn't do stroke of worn
for six month"; after the assault" NOR, added ht
rehectiyely, for six months bei0re;" which would
tend 10 show that the effects Of the assault were Of
. Retrospective character. 900 rL
The defense admitted tho assault but commended
defendant had sufficient prVyocatin that he Inflicted
no great injury that he only shook the plG slightly
and that plf. tunbled down Of his own accord Also
oontended that plf was man VI quareisomo char,
acter and fsrocious disposition, who had Threatened
70 "kill ell the Davises around Newheld Corner
and that de in shaking him s only ias'rnS5
that plf provoked the nssault by accusing d'n ol
having stolsn his tprs.l shrti counsel for defense
ingeniously explained this by asserting, that the
that whichever member Of tho family rose earliest
took that shirt for his own use during tho day that
plfs brother rose earliest on the morning OF the as
sault leaving pf. shirtless and In rage; that plf
Immediately 'clothed himself with curses ~ with Q
garment" Q. got into bad habit Of swearing. and
vented his rage upon the first person he met who
happened to be the def. But ~ IN impartial his.
torian, We are bound 10 say that defense adduccd
no evidence In support OF this statement Verdict
for defense.
smith, 1T Drew n A. brow
SATURDAY AND MONDAY, Sept. "a and %. No,
H3. Bufium v. Folsom. Troyor for horse, wagon
and harness valued at s3ls. Circumstances arc
these, one Littlensld hired horse and wagon Of
Isiah Buiium tof North Berwick) to ~ on . short
urney, but instead Of returning, sold the team 70
Samuel CARL. CARL drove the team 10 WATERFORD
and there, n pf says, sold y % Gopher FOLSOM.
meantime mystericusiy disappeared. Bufrum there
fore brings actun against Poison 10 recover value
OF property. =. s..l ].
hut that Csri len II In Folsoms charge 70 sell and
tn soon ater no appeared and took property
away. Verdict for plf. ...r ,,l
HoSpSr Sept 81. No. DC. Thing q Thompson.
Actoa on promissory note. Plf not thinking note
good asked for security, and des son endorsed the
note. r' ''.'
because he didn't sign nj the time the note was xiv.
en-. and therefore was not party 10 the note, also
plead no consideration, IL % plead maud In pro-
curing signature. Verdict for defense, and motion
fle, for new trial. -..r r... y,--v q,
TUESDAY, sept "a. No. seS. Tibbet.s '. Mason.
Low, KimBsii. Emery, Drew.
ssiariay. sept Il, after having brought in the iol
State v. inhabts. Of Parsonsheld, Defective way.
state v. Inhabitants Of Sanford, defective way.
state v. Robert y. Lttleaeld, larc NY,
SITE ' Arthur r. Wentworth, assault and bat.