Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1871-12-19
:. ". COuIf--Decem6er T., 1871.
WALTON, .. PRESIDING.
No. o. Abigail Staples vs. Cyrus

No. o.. Aoigll staples w. tyrui
Bessey.
I Assumpslt for hay, taken By desendeuI
and sold, aud the proceeds converted Il
I his own use. Defence. that the hay wa:
not the property of Plaintiff Ii was OF
rered in evidence, that the Plaintiff and
Deiendent were Joint tenants upon the
farm where the hay was cut. that the
hay was cut in common by the parties
and put into the barn, that the Plaintiff
and one Harrington who was the tenant
of BeSscy, made division OF the same
in said barn, that-tho hay sued for was
the part set out 10 Plaintiff Defendant
denied The authority OF Harrington 10
make the division. The case was with
drawn from the jury and referred to the
presiding Judge Judgment for Plaintiff
for sl9.9S.
Perry. Virgin.
No. Io7. Charles p Fuller vs.. Alex.
ander Ryerson Apt.
TrcspasS for birch. The case was orig
inally tried before a Trial Justice who
gave Judgment Tor Plaintiff and the dc.
PENDANT appealed The Plaintiff intro
duced testimony tending TO show sale
of said birch from ono Cyrus Staples TO
him. Defendant claimed that he pur-
chased the same birch Of Staples in the
sale ci farm he bought Of Staples.
Plaintiff claimed il any such sale was
made there was no delivery.
The case was tried by the presiding
Judge without introduction OF the jury.
Perry tor PHI. Virgin fer def
No. l43. James Canwell rs. lnhabi.
tants of Canton.
This action was to recover $500 claimed
by Plaintiff to be due him for military
services upon the quota of Canton. The
case was opened to the Jury AMI Subsc-
Quently Withdrawn and certain questions
submitted 10 the determination OF the
NbUlt- ! Nt NNuit lpuuN tutt lit iA''-
tif' served on the quota at Canton from
March an, 1862, TO July 10Th, 1860
That the >elcctmen of Canton promised
Cauwcll $500 bounty. and that the town
claimed aud received 500 from the
State under the equalization net. The
case goes forward 20 the Law Court 10
determine the authority of tic selectmen
Ia thus contract by virtue Of any vote Of
the town.
Bi>bee for Plain,if Swasey, Harlow,
and Stowell tor Defendant.
Ne 23&. John Harris " Asa F.
S'eams ct. ais.
This /, an action OF as4uhpsit upon 4
promissory note dated March 2l>t 1870,
payable to the plaintiff or order for the
sum ot the one thousand dollars. on de
mand with interest Asa F. Steaus was
principal, and Charles II. Harris, l. {.
smith, Rufus Stcarus and Eli +. S,carnS
signed a. >urc,ics The ,uroties set zap
"a defence ON the ground rs they declare
that the plaintiff had extended the time
of payment withou, their knowledge
or consent, at the rcques, of the princi-
pal defendant Tor valuable consideration
paid by him - the plaintiff, all Of which
wa denied 10y Ike plaintiff Verdict for
the plaintiff for Sllo3.33.
Virgin, IIaumonS, and Frye, for F,tin-
tiG; Foster, Gibson Tor Defendant,
No. I95 Helen NJ Kimbal y. Oc,a
va, X. Yates Ct as
No. lo6. James W. Kim5all vs.. Same.
These were actions on poor debtors
bond, and the defence in each case was
that oUc of The swctie> signed the bond
and the bond was delivered 10 The officer
who made the arrest. after twelve O'Clock
saturday nigh, The cases were refer
red 20 tho presiding Judge who toundthat
the bond, were signed and delivered as
claimed by Defendants, bu, that the
Plaintiffs were no; present, no, WAS the
oGicey5warc that e was pas, twciyc. and
,hcroupon decided that the defence was
not valid one and ordered Judgment
Tor the Plaintiff The eases go 20 the
Law Court on exceptions
Black. Davis
THE RAILROAD HOMICIDE.
State V. the Grand Trunk Railway co.
OF Canada.
Foster Co. ATTY. Rand.
This j. an indictment. under chap. 81,
sec 50 OF the Revised Statutes. for the
loss Of hle OF Que David Robbins, an EN-.
ployec OF said Co.. on the first day OF
August last, near Brylnt's Pond by the
negligence or carelcsSnesS of one George
c. Cobb, engineer OF engine No. 1876,
the servant employed by said company
the penalty being not less than $500 nor
more than $4,000, for the use of the wild
ow and one child of said Robbins.
Warrel Noyes. called by State, testi-
iied:-Reside in Gorham. \. H.. in the
employ OF the q. 7. Il. K. Co; have
charge OF repairs of locomotives at Cor.
ham. Engine No. l3j went to Portland
ola treigh, uain night before accident;
was 10 return to Gorham Tor repairs as
soon as she arrived at Portland; engineer
was Geo. Conb.-ireman, Slinchiield.
This VAS a special engine running under
orders TO keep out IT The way OF ali reg
ular signalized trains.
J. y. Marion, called by State, testified:
Am master mechanic OF Portland Divis-