The Republican journal., 1873-01-23
Supreme Judicial Court.
APPLETON, CHIEF JUSTICE, PRESIDING.

| Clara A. Wiley vs.. Inhabitants OF Belfast.
| The plaintiff, joined with her husband, Henry
! G. Wiley of Boston. in this action claimed
| $4,000 damages for injuries received on an
alleged defective highway, which the defendants
admit they were bound to keep safe and con-
venient for public travel. The testimony on the
part of the plaintiff shows that in August. 1870.
she had occasion to 20 from the house of her
| father, VIM. W. West in Belfast, with his horse
and wagon, TO the house of Albert Clark. dis
| lance of about mile and a half and before
| starting she requested her brother to examine
the wagon and harness to make sure that everv-
thing was safe. which according to the brothers
testimony he did, even extending his examine
| ton to the condition of the nut on the end of
| the bolt which secured the whiff1etree to the
| crossbar, and finding it properly screwed up.
| That in the afternoon after the examination in
| the morning she started with another person
| whom she was carrying to Mr.. Clark's, and
| drove over the road leading by the residences
of Alpheus Shaw, Ephraim Pitcher and Aaron
| Nickerson, arriving safely at Mr.. Clarks al
| though the road over which she had passed was
| very rough and in some places full of danger
the same road, and while descending the hill
| between Mr.. Pitchers and Mr.. Shaw's. the
horse tfotting slowly, one of the forward wheels
OF the wagon struck large stone elevated some
| tour or five inches above the road. throwing out
| the whtfetree-bolt, and the whiffietree came
| down against the horses legs, causing him to
| run down the hill aud for long distance. in.
| creasng his speed until by stepping on small
| stone or from some other cause he was thrown
down and the plaintiff went out of the wagon
and some twenty-five feet through the air be.
| fore she struck on the embankment at the side
| of the road. receiving very severe injuries both
| internally and externally
The defense offered some testimony to show
that the horse was not at all times safe going
| animal, but the main point in the defense was
| the improbabity that the whiflletree bolt was
50 carefully examined before starting on this
day when the plaintiff had rode in the wagon
| frequently during period Of about nine wears
| And whether the nut was safely on the bolt be
fore starting was the principal question to be
decided by the jury Verdict for the plaintiff
$3,5i1.61.
Jewett for plf Abbott for def.
4 Inhabitants of Montyille vs., Inhabitants of
Etna. An action brought to recover for sup.
plies furnished by plaintiffs TO Jonathan B
Gatchell and family. 1t appeared that in 1867
| fatchel and family fell into distress and were
assisted by Freedom that Freedom brought an
acton against both MontviIln and Ftna: that
| on account of certain statements made bv ihe
! pa'per IN regard 10 his age MontviIle paid the
| Dill and took him home without going TO trial
| Plaintiffs claimed that soon after settling will
Freedom they discovered that Gatcheps state
mems were untrue, brought this action against
Etna, and proved derivation settlement from
his father IN Etna. Defendants alleged thai
| Gatcheli was born in Aug. 1885, that he yoteC
IN Etna in 1896, Immediately Went to Montyillt
and remained until the fall of 1861 making five
years that he moved into Knox for n temnorar,
purpose and removed to Mont Vile again.
| Plaintiffs claimed that Gatchell was born il
Aug. 1876 that he was but twenty years ole
when he voted in Etna that his vote wa
! challenged at the time; that he did not begin tC
acquire a settlement in Montville until Aug.
| 1921, and moved to Knox in the fall of 1861
buiit Il small house on land owned BY his wife :
! remained there two years; went on the Knox
quota III The 18th Me. Regt., ana voted in Knox
Gatchell acknowledged that he was DESTROYS OF
fixing his settlement in MontvIe: that he GOT
possession Of an Old Bible belonging 10 hi,
parents containing a record of the birth OF thei
children; that he changed the date of his hirtl
| from 1896 to 1885 that he heard his father,
| and mothers dispositions were to be taken. and
that ne sent a copy of the changed record to
them to swear by. Verdict for plaintiffs
Damages assessed at 1928 "A.
Mcclellan for ph~. Nose & Hubbard for tlefts
| Abner G. Gilmore VS. John c. Libby ct ais
question of notice OF disclosure on pool
debtors hond Referred to court
Mcclellan for pill. Nirherson for DIETS.
Samuel Coffin vs.. Lyman Lttlctied. Action
for money had and received Plaintiff ALLEGED
| that he went to defendants house to pay him :
note amounting to S240. 90; that he counted on,
the money; that defendent and his son took the
money and counted it; that when he counte,
out the money there was a fifty dollar BIZ,
| among 1t. which was missing. Plaintiff eharg.
Ell defendant with taking the bill, which defend
| ant denied. Defendant claimed that he was
abed, nearly helpless with the rhumatism at
|
he did not touch it. Verdict for defendant,
Hubbard for plf Abbot for dett
Hannah $. Small VS.. John G. Libby and
others. An action on note of S125 90 signed
| by }. G. Libby & Co. and by Otis Hartman as
surety. The principals had become detaulted
and the liability of the surety was in question,
| The surety claimed that at the time that the note
| became due Libby Il Co. We're solvent, and that
plaintiff had extended, for valuable considera-
| ton, the time of payment Verdict for def.
Abbot for plf Nickerson for dett.
| On motion OF f. X. BOYLE. Esq. Geo. f.
| Wallace, Esq, Of Jackson, was admitted to
practice law in all the courts OF the State.
The following divorces have been lecreed-
Hannah 2. Jones from George A. Jones.
Custody of minor children to mother
Carrie R. Tyler from A andrew Tyler. Custody
| Of children to mother.
Samuel N. Downes from Sarah J. Downes
| We publish to-day the call for u
Woman Suffrage Convention, e be held
| at Augusta, Jan 29th and Both. II will
be seen that the call is signed by ladies
and gentlemen of the highest Intelligence
| and social position This is a question
which is forcing itself upon public notice,
and has got to be met We trust that the
subject may be considered on all hands in
the light OF reason and right, rather than
be tried by the wrongful and illogical
standard of prejudice.
We read in the Washington dispatches
that treasury clerk recently went crazy
and died. He was probably trying to
| cipher out of existence that two million
| Increase in the public debt
-Ossian f. Dodge, the well known
travelling singer, has got into the courts
in Minnesota His wife detected him IN
too much familiarity with disreputable
female, and has sued for divorce.
| Editors and Publishers Convention.
| AUGUSTA, Jan. 49, The annual meet
| -1~tt al,