The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1870-05-12
Superior Court.

MAY CRIMINAL TERM-GoDDARD, j. pREsIDrNc
WEDNEsDAY.-State VS.. Horace Decoster. In
dictment for assault and battery upon Albert f.
Drinkwater, of Cumberland. Drlnkwater having
controversy with Decosta, ordered him out of bis
house, and upon Decosta's not starting immediately
advanced upon him with an uplifted chair with the
inteAtion of striking him if he did not leave There
upon scuAie ensued. iu which both Drinkwater
and Decosta were injured
Defence, that respondent acted in self defence and
used only such force was necessary to protect him
self from the assault of Drnkwater Verdict guilty
Sentenced to thirty days Imprisonment and fine of
$50 additional.
Haskell Strout &, G,ce
State VS.. William Chase. This case was tried at
the last january term and the jury disagreed, The
respondent was indicted at the January term for
cheating by false pretences by knowingly, rnla wu-
ly and designedly contriving to induce one Alfred
c. Converse to lend the sum of $1,000 upon the re-
curity OF the mortgage of certain estate situated
on State street in this city, owned by James W.
Leavitt, by means OF certain false and untrue GER
tifcate, as follows
rms may certify that have examined the title OF
James W. Leavtt to lot situated ON State street,
Portland and that find no circumference on the
same whatever.
Attest EIEN LEACH Register.
And which the said William Chase knew to be
false and untrue by reason of attachment on said
real estate to the amount of $4,000 suit of James
N. Churchill VS.. James w. Leavitt.
James w. Leavitt testified in substance that he
was in want of the sum of $1,000 to take up three
notes which he had IN the bank. and seeing an aC-
vertsement in the paper that Mr. FERRIS had $4,000
In his hands to loan on mortgage he conferred with
the defendant in regard to negotiating loan, which
the defendant undertook to do; that he Ueaytt) IVES
then boarding at Paris Oxford county, in defendants
famlly that he was not down here between the 10th
and the 22d col April; that he did not come down
on the 22d and receive check of Mr. Jerris for the
amount OF the loan and signed the necessary papers
that lie did not procure the certicate did not even
KNOW one was necessary; never saw tie certificate
until he was before the grand jury
Wm t. Jerfis testified I'm substance that in the
lore part OF April Mr. Chase applied to him for loan
OF $1,000 on mortgage of property State street be-
longing to James w. Leavitt; asked him if the prop
erty was free OF all encumberances; Chase said ii
was; told Chase that before pay ing over the money
the parties would require certificate that the PROF.
erty was clear from all encumbrances from the Reg
lister of Deeds; he said he would get it; that Chase
sometime afte,ward handed him the certificate and
the loan was then closed up; that in lending the
money he relied upon the certificate; that he did the
business with Chase and not with Leayitt
Eben Leach fed in substance as follows:- Ger
thcate Is in my handwriting; it was false at the time
IL was given; some days previous to the time this
was gwen some one called upon me and asked me to
look over the records and see how this properv Of
Leovitts on State street stood; told him was bus7
and would attend to it by-and-by; was called on
again Tor 1t before had completed it, the third time
was called on L had finished looking it up; told
the person it was al right except this attachment
think pointed out the attachment to him the re-
DlV he made W. hot Is,
quence; don't care anything about that know
what it is" The man went out apparently satisfied
but returned again shortly and asked me to give him
written certificate; told him was not able to do
SO without mentioning the attachment he sad Re
dd not care anything about that he did not want it
suggested to him it was to be used to raise mcaey
on and did not want to do it without mentioning
tie attachment; he told me he Jid not want it TO
raise money on, he merely wanted it as a matter of
reference for his own use gave him the certificate
don't reeolleet who this man was that oaTIcu
gave the certificate to; not able to tell whether
1t was William Chase not; do not think it
William Chase, the defendant, testified in sub
sance that he did as matter of fact negotiate loan
with Mr. Jerris assisted Mr.. Leavitt in SO doing;
that on the 18th of April Leavtt came down from
Paris and they went to Jerrs and Leavit closed the
terms of the loan; Leavitt then went back to Paris
and came down again on the 22d o. April when he
(Chase) told him it would be necessary for him to 60
and get the certificate which JeFr's said he must
have, and they then parted for the day; next
ing went to Preble House, found Leayitt in state OF
intoxication; asked him il he had got the certificate
for Jerris waiting to close the thing up Leav.tt
tok folded paper out of his pocket, passed it to
him (Chase who took it and they both went over to
Jerrs, and ne passed it to Jerris without even un
folding it or reading It; the money was then paid
over Mr. Chase denied positively that he procured
the certificate, it until Leavilt passed it to
him. and then he did not read it; that he had no in
te1es in the loan; he assisted Mr. Leavtt as afriend
and nothing more.
The case has been argued and the Judge will
charge the jury Thursday morning.
HaskeH. Rands.
Davis s. Drunmond.
James w. Coffin, on an Indictment for keeping a
drinking house and tipping shop was fined 100 and