The Republican journal. [volume] (Belfast, Me.) 1829-current, 1870-11-17
SUPREME JUDICIAL COURT
CUTTING J. PRESIDING.

The iuries were discharged Saturday. and Monday
+. NJ the Court adjourned sine die having been in SEES
sion just four weeks.
State vs., Richard Grant On trial ut the close Of our
report last week. The facts We're substantially fol
lows: In September, 1869, Chapman of Plymouth
had valuable horse stolen. On the afternoon of the
nth Of the same month"; two men traded the horse with
Mr. Hall, of lialPs Corner, in Belmont The indct
mcn charged the defendant with being these two
men, Mr. Hall had several other persons who witnessed the
trade at IIa Corner and positively the identity
of the defendant The defendant set up alibi and in
roduced quite number of witnesses who that on
the day in question, he about home in Frankfort
and at Frankfort Marsh, where he bought goods AT the
Mr.. Motions books upon that day Jury disagreed ana
the defendant was released upon his recosniznce.
Boyle for State. llubbmd for defendant.
State Ns. Oliver Eenner. Upon an indictment cliarg-
ing defendant with having committed perjury the trial
of the case, Benner Inhabitants Northpor ut the
last Janurry Term of said Court. After the testimony
for the State was partly out. The matte was cooked
up and mol pros was entered. Boyle for State. Me
Lellan for defendant.
State VS.. Robert Morrow, The indictment charged
defendant with assault with gun upon one Peabody
ut Scarsport, some time last summer. The facts were
fully reported in this paper at the time of the
The defendant pleaded guilty, and recognized with
sureties for his appearance for sentence term.
State Frank Sylvester. Indictment for larceny.
Pleaded guilty and sentenced to two years in State
Prison.
Rachel Ryan James G. Bryant. Action not of
hand for so and interest. The defence claimed that the
note was given to avoid criminal prosecution in the L.
s. Court for Withholding pension money collected by de-
PENDANT for plaintiff which the defendant ella lined had
previously paid to the plaintiff. Verdict for plaintiff for
$5; Jewett for plaintiff. Mcclellan for defendant
Albert d. Mayo ami Others Andrew j.. Stevens
This was action to 80, claimed be due as
worth of flour defendant who subsequently failed and
compromised with of his creditors In Feb. 1869
he paid i5 to g. r. tyler, of the firm with the con-
diton rs defendant testified that nothing should be said
to him about the balance. After the testimony was
out Judge Cutting remarked that he should have to in
struct the jury that PLAINTIFF claim is good in law Orgi-
nally, at common law, when paid portion of a
debt with the express understanding and promise that it
be for the whole, the promise held be with
out consideration AS the law of this State now is a
portion OF Il debt paid with the express understanding
that it is to discharge the whole, does discharge t-but
there must be such express understanding. In this
case the only understanding that the defendant
should take his time to pay it. After this opinion
of the Court the parties agreed that the testimony should
reported for the Law Term the action be defulted
If the opinion should be sustained -oherwse to stand
| for trial,