The Republican journal., 1874-11-12
Supreme Judicial Court.
JUDGE BARROWS, PRESIDING.
j. d. Pulsifer, Reporter.

S2S.
Defense. We do not deny that Robert Camp
bell, the father Of John, had his legal settlement
in that part of Belfast which is now morrill,, on
the 21st March. 1921 4; that Haytord furnished
board to John on the Poor Farm; that he was
ordered so to do by certain officials of Belfast;
and that Quimby, the Belfast City Clerk, mott
flea the overseers of Morrill, and received an
answer back; and yet we say that Belfast
neither Justly, legally nor technically can re-
cover in this suit, for he had not fallen into dis
tress; was working hard at wood chopping all
the time he was boarding with Hayford; was
encouraged to stay to work up a case against
Morrill,, and to prevent his residence from
ripening into a settlement. Quimbv. who gave
the notice, was not an oyerseer; could not give
legal notice ;and an answer TO an unauthorized
notice does not bind Morrill,. But if it be said
that it is imlnaterial TO Morrill, how she gets the
notice. and that she is bound by her achn0Wcdg-
ment, we say further that the majority Of the
legal oyerseers did not authorize Hayford to
furnish the board. We say that the mayor and
aldermen We're the legal overSeers, for she had
elected no other. The bylaws provide that if
convention of the two bodies The city govern
ment undertook to form board of oyerseers by
an order passed by the aldermen and concurred
in by the council, that the mayor, aldermen and
city clerk should constitute the ovcrseers. If
they had not joined the clerk that would have
been a harmless order, for without an election
the mayor and aldermen were officially over
seers; but they joined the clerk. Hayford mott
fed him, he says, and three others; the
three others would not be a majority. and there
fore he was not authorized to furnish supplies.
The Court instructed the jury, in substance,
that the plfS., to recover must establish five
points lst residence; u, that supplies were
furnished; 3d. that they were necessary; It'll,
that they We're authorized, and 9th, that the
def. town had notice. Aud for the purposes
of this trial, that acting oNerseers, constituted
as these We're, could authorize the furnishing
Of supplies and the notice.
Mcclellan. Fogler.
State vs.. Joseph Larrabce. Indictment for
assault and battery on his brother, Willard f.
Kendall, at Jackson, sept. 23d. Plea. guilty;
to keep the peace one year.
State vs. Michael Battles. Indictment for
mayhem i. e. manning, putting out left eye of
Charles AVerill, at Frankfort, Sept. 18th.
Averil testities, am keeper of livery stable;
left waterproof about o'clock in the evening
with an express wagon for my house in Frank
fort Village, miles, with some half dozen
passengers. Four passengers engaged me to
carry them one aid one-half miles further on
IL a..
these passengers down. | carried them to L p
ton Treats saloon, carried them crackers and
cheese for Il luncheon; stad there about an
hour; drank two glasses Of ale; Charles Page
was there. ordered drinks for the company,
disputed with Treat as to the number Of drinks,
who offered to refer the question to me. Page
said that he would not leave it TO that son Of
b any way | started to 60 for him, he re-
treated and | was dissuaded from pursuing
SAW deft there; had no words with him; he
was not on good terms with me because for
or months | had declined to let him teams.
After about an hour left saloon for my stable,
harnessed horse into the wagon one passenger
in another TO get in. Battles rushing in with
out hat or coat in company with Page knocked
down one of my passengers; | ordered him
ont and he refusing to 90 ! led him cut; he
angrily returned, and | led him ont again; he
clinched, threw him and left him; he arose
came upon me suddenly and struck me with
knife OF something sharp, making 4 clean cut
which | didn't mind at first. but the scar Of
which still remains. He soon sprang forward,
| grabbed him by hS shirt and he broke away
leaving parts of his shirt behind him he sudden
" turned turned and said .there, take that You
son Of b. and struck me in the face. i
found | was hurt fearfully and returned to my
stable; my hostler shut the door against Bat
Ties who was following me up; remained there
about half an hour and the crowd dispersed;
went for the doctor who found that my eye was
destroyed, cul through with 4 sharp ustru-
ment.
Battles took the stand III his own behalf; said
he was IS Years Of age, WAS arraigned for
drunkenness the night before; saw Ayerill AT
Treats saloon, drinked twice. III was ntoXi-
Gated, as We're most of the party i crank
often; do not remember when finally left the
saloon, or anything that occurred afterwards.
Complainant denies that he Or Battles We're
Intoxicated.
Jewett contended that Battles W :ts incapable
OF forming an intention; that he knew nothing
of what took place there, and at most should be
held only for assault and battery.
The court instructed the jury, in substance.
that an intent must be proved in order to a
conviction; that they might consider his act
as evidence on the question of intent; that it is
not question of memory, but Of intent. Ii
he was IN state of voluntary intoyicatiOn,
he claims that is no defense; if, at the time he
struck Averill, he intended to put out his eye
he is responsible for his act whether be recol
lects it now or not The jury in twenty min
utes returned Il general verdict of guilty. Sen
fenced to two years and half confinement in
the workhousc III Wiscasset jail.
Fogler, Co. Atty, for State. Jewett for lett
Ira d. Gran vs.. Albert Gray. Case TO
cover money unjustly paid.
Pltf., umber-mill owner in Montvile, says
he contracted with diff. Dec 3, 1872; that diff
agreed to cut from plf's spruce lot all the wood
upon it suitable for slaves, heading or fuel, eX-
cept hemlocls, and deliver the same at plf.'s
mill at 50 per cord; that they made a second
contract to clear the cedar lot in the same way
at 81. go per cord; that after these two Jobs
were finished and paid for, partly by cash and
partly by notes, before the notes became due
plf. discovered on opening the piles that diff.
had defrauded him by bunking the piles of
wood. Bunk, is not to be found i'll Webster,
but among lumbermen means to pile decetfully,
As to increase the apparent quantity in the
survey Plf. says DIT hauled cords OF rotten
wood and short pieces, aud piled them in such
way as to leave great central cavities in the
piles that reckoning the worthless rotten wood
and the cavities, there should be a deduction
made of forty cords from the spruce lot and
something for rotten and small cedars.
Defense. Plf. instructed me to cut clean and
did so didn't intend to haul rotten wood; did
haul some that was dosy. Piling short pieces
among long necessitates cavities more or less
/ didn't intend to bunk.
Reply. True, was glad TO have the stuff cut
clean on the lot, but the best thing to DO with