The Republican journal., 1871-11-09
S. j. Court, October Term, 1871.
KENT, j., Presiding.

| f. G. Fogg VS.. Franklin Mudgett. The plain
tiff is a physician residing in Burnham, and
brought this suit to recover about forty dollars
for services in setting broken arm for the de-
PENDANTS little child, and subsequent treatment
Of the same. The defence alleged that the arm
was not broken, and tina the services was there
fore uncalled for and Of no value. Several
medical men,were examined as witnesses whose
| testimony made the old conundrum "who
shall decide when doctors disagrce?'' more
! difficult of solution than ever. The child was
exhibited to the jury, and we understood the
Clerk toobiect to its being taken from the files
of the Court unless certified copy should be
| left in its place, but we might have misunder-
| stood him. There was some testimony tending
to show that the arm was only partially broken,
TO which conclusion the jury undoubtedly came
as they returned partial verdict for the plain
tiff giving him ten dollars and quarter costs.
Watson and Mcclellan for plaintiff. Abbott for
defendant.
Nirum B. Paul and al. appellants vs.. lido
X. Paul, Executor. This is an appeal from
decree of the Judge Of Probate of this county,
admitting to probate the will of Samuel Paul
late of Morrill,. The appellants contend that
the.will was not legally executed; that improper
Influences were eXerted over the testator and
that the teStaor was not of sound and dispos-
sing mind and memory On trial. Jewett for
appellants, Hartman and Abbot for executor
State vs.. Selden Hancock. The defendant
was charged by indictment with setting fire to
the barn adjoining the dwelling Of Mr.. John B.
Hazeltine in Durham, on the night of the 9th
of June last. Mr.. Hazeltne testified that on
the night in question at about midnight he was
awakened by the barking OF his dog. On look
ing out OF the window he saw the reflection OF
the fire. He jumped out of the window, ran
round the barn and found a quantity of hay I'M
der the corner of the barn in flames and saw
standing a few feet off watching the progress of
the fire the defendant who immediately ran for
the woods. With the help of his wife and son
Mr.. Hazeltine subdued the fire. The defendant
adopted the line of defence recommended by the
elder Weller and proved an abb. 1t appear
ed in testimony that at eleven o'clock on the
night of the fire, he was some two miles and n
half from his home and about four miles from
Mr.. Hazeltines that his horse was not a two
forty nag by any means. but on the contrary
could 60 not over seventeen miles i'll five hours
or five miles in seventeen hours-we have
forgotten which and that he arrived home
between twelve and one O'clock. Verdict not
guilty. Boyle for the Govt Mcclellan for de-
fentant.
State vs.. Selden Hancock, apt. appeal from
the Police court for assault aud battery upon
John B. Hazeltine. The defendant retracted
his plea of not guilty and pleaded guilty, urging
in mitigation of sentence that the logging he
administered the complainant was 'ight-very
light" Judgment of Police Court affirmed 80
and costs. Boyle for Govt. Mcclellan for de-
PENDANT.
Ninal Estes and John Berry was each fined
$500 and costs for assault and battery.
George West Of Frankfort was fined twenty
dollars for refusing to attend as witness before
the Grand Jury.
Marietta Briggs libt. ". George B. Briggs
Divorce deereed. i.belant to have custody of
minor child and to have 800 instead of alimony.
Williamson for libellant. I
Francis G.. French, libt VS.. Nette 2. French.
Divorce decreed. Fogler for libellant. |
Chas. IL. Elwell libt. vs.. Cora e. Elwell.
Divorce decreed. Abbott for libellant.
Elithea Henderson libt. vs.. Trad NJ. Hender
son, Divorce decreed. hnowlton for libellant