The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1870-02-11

fault. The counsel upon both sides take the M
timation OF the Court, not 70 array the children
against their parents In testimony. Mr.. Drum
mond in cross examination Of libelant intimated
an additional trouble; that one Miss Wade had
estrsnged his affections, that there was liaison
with her, and that was what was the matter.
The statutes Of Mass, on the state Of facts eI-
isting, af,er 8 years may divorce her from the
bonds, and in 8 years more divorce him, 10 yrs.
in all. But that il too long for hbelant to wait,
and so he tries the milder laws Of Maine.
The youngest daughter, Frances, very beauti-
full, sustained her father. James W. Slade, the
Oldest son, and one Of Boston's fastest short
hand reporters, stands by his mother. The
court holds the case for consideration. The de-
cision will be announced this term.
Luqucs. Drew. NJ, Drummond.
MONDAY. No. 5i7.--Jcesph d. Palmer VS..
Thomas Lord ct al. Action for divcrtlng . water
pond resembles negroes Root, tho too pointing to
The east the Lords side; the projecting heel 10 tho
west Palmcrs side. A canal OF some ~ rods ut the
toe takes the water Of kennesunk pond into ned
mill. An outlet Of some 30 rods nom the heel takes
tho water into kennobunk river on which Palmer
now owns q privilege, and once mill. The two
the south where the Rodwaicr 1osos itself In the
larged Kennebunk. Below the junction Stephen
bay owned an ancient mill Afterwards operated by
his SiSer in isai enlarged the outlet on The Palmer
side by blasting, " bring more water 70 his mill,
and that he, the Col. for the same reason In 1880 cut
: canal nom the toe Of the pond into Rsdwate, on
the Lords SIDE IL mattered not 10 the Days which
outlet tho waters Of the pond took, as tho streams
nom both sides united before reaching their mill.
The interest OF Palmer Is that the waters OF the
n. Irs ey S~ o EASTERN
outlet Palmer charges that the Lords have under
taken TO forward their interests by violence, that
they hay. enlarged their e,na " AK, SsS
checked mp his outlet by throwing In some 10 tons
OF big rocks that the digging OF the canal has been
repeated annual operation for 81. years and more,
and that the rocks were thrown into tho outlet In
The plrs mill was burned in Nov 1867 and his
counsel intimate not without suspicion that u WAS
purposey set fire by the same parties who turned
the rocks into the outlet Of his stream.
Defence, We took no moro water through the
canal than we Ind right 10. Tho rocks were not
thrown into your outlet by US or by our procure
Lydia Emmons for the plr. once the friends Of the
Lords, testified 10 q boat ride upon the pond with
them and that she saw thcm do some OF tho Killing
In Of tho rocks. The plrs. counsel urge that tho
Lords and nobody else were Interested TO do the
mischief.
Much Of tho time since this case was opened a
week ago, was taken mp TO settle poco Of history,
whether where tho canal Is there was formerly
a natural outlet which continued 10 How up To tho
time the canal was dug In 1910. Numerous witness
es for the plf testified positively that there was no
outet--no stream--nO bridge. As many witnesses
for the defence testified positively 10 an outlet
flowing stream and pole bridge. One lady testi-
fed that she dipped water from II by tho pailml To
do days washing In summer and another that enc
caught fish thcro In August Tho plrs: counsel meet
this fish story by ridicule and rcconces the testi
mOny by admitting that poles wore thrown down
upon the sand ~ mako an castor road for teaming
and that In times OF ffeshct thcro was some over.
flow.
ago i'm similar trial when his Honor counsel
for one 90 the parties and Mr. Dane now counsel for
dcft. was Referee. IL Is surmised that his views rs
Resrco were somewhat different rom his views rs
COUNSEL that he sees the through dlercntspec-
taccs. But he explains by the presentation ofmany
newly discovered acts.
The arguments and charge occupied tho whole OF
"Wednesday. The jury took the case at g ?. NJ, and
returned Thursday morning unable 10 agree.
Drew, Dane, Wedgewood 4 Stone.
James Bean vs.. Jonathan Eastman ct nj. Tres
pass for false imprisonment. The pf. admits that
he sold out his interest in his hotel ut Gorham In
tending b. return 10 arsonfeld, that he was owing
tho plf store hill which no was then Jan. 3 lS6S,
unable TO pay and says that he had no thoughts OF
leaving tho state, that the dert sued out special
WRIT made oath that they believed ho was about To
depart and reside beyond the limits Of the state &c
took him from his bed t night ana carried him to
Jail That the officer acted under plfs. direction,
that he was Obliged TO give bonds 10 procure his
release and that In consequence OF all this ho SUI
fered nom sickness, expense Of medical attendance
&c. Deft says, what OF It,
The officer did II all, and acted under his pre-
cept. III you have any action For h'se imprison-
ment sue the officer. gave him no direction eI-
Ifyou think took false OATH mo for that, and
! will make as good defence as can. Judge or.
dcrs nonsuit. Pr excerpts. =.
Aver. Clifford. Geo. d. Emery.