The Republican journal. [volume] (Belfast, Me.) 1829-current, 1877-05-03
Supreme Judicial Court.
judge DICKINSON. PRESIDING.

JUDGE nIckERsUN. PRESIDING.
Ebcn Elwell AMID wifi, VS. Inhabitants of Waldo
action 10 recover for damages sustained in conse
Iucnce Of ALLEGED defect in the highway This
e,tse ON triad when the journal went 10 press last
week, concluded on Friday by a verdict of
eleven hundred and sixteen dollars tur plaintiffs.
The of the State AGAINST Amos Storer,
charged with keeping certain Intoxicating liquors,
with intent to sell, WAS tried having been appealed
from the Belfast Police Court The jury disagreed
Fogler. County Attorney, for State Thompson
Tor defence.
The ease OF the heirs OF Robert Elwell VS.. Thomas
Augustus Cunningham and sisters holders of Ger
tain lands il Northport, next heard. This was
case presenting many curious and interesting
features. jonathan Ewell, senior, the progentor
Of all in this vicinity who bear the name settled
IN Northpor in 1890 where he bought large tracts
ii land, receiving his deeds from General Knox.
In 1903 Jonathan decided portion of the land to
his youngest son Robert then minor In 1873
Robert then of age, conveyed the land to his
brother Joshua. who died unmarried. BY his will
Joshua devised the lands to his sister, Mrs Gun
nngham and she by will left them to her children
the defendants in the present suit. Returning to
Robert We find that he of a wanderne way
ward disposition, and took to a SEA life in which
Pc met with remarkable adventures He Joined
ship that doubled Cape Horn tor a trading voynge
the Pacific H. was one OF tt boats crew that
landed on the island OF Juan Fernandez when the
ship was blown to and they were left i'll a
starving condition for long time. He afterwards
left the ship at Sandwich Islands, where he resid-
ci several years, and became tavorite with the
King. He lived with Il native woman. it is alleged
md had children. without the sanction Of the
church or the laws He afterwards went to Cali
iAlnia- where he married a Spanish woman. by
whom he had several children He died there in
1888 1t is i'll the name of the California children
Vt Robert Elwell that this suit is brought Their
agent in its prosecution is Mrs - Preston.
The point Of attack in the case was the deed al
legged to have been given by Robert Elwell to his
brother Joshua This deed the plaintiffs declared
to be forgery, maintaining that Robert sailed
around Cape Horn in 1911, and never returned.
The deed was drawn by William Moody, witnessed
NY him and his wife, and the Acknowledgement
aiken by him az magistrate. Moody died i'll 1899
'c'l Hl tllt W itS tlut GIiNtll WIS
unknown 10 the magistrate and that some one
personated him in signing and acknowledging the
deed Various letters and other documents show
ing the hand writing Of Robert were introduced
A. K. Dunton called as expert, testified that III
his opinion the signature to the deed was It for
ell, founding his opinion upon a comparison OF
the signatures. Ihc defence introduced dccu
ment folding IT so that ONLY the signature Of Rob
ert EIwell appeared. and asked al expert opinion
as To the same hand having written that signature
aud the one to the deed. He gave an opinion that
they were by the saline writer. The document was
then untoded, and shown 10 be deed to land i'll
Belfast. executed in 1872 to which Robert Elwcll
And W llliam Moody we're subscribing witnesses
This document, and the testimony of tho expert
established three facts. either Of which was fatal
To- the plaintiffs case; first that Robert Elweil
was in the vicinity in 1915; second, that illiam
Moody knew him, and could not have been de
ceiyed n his identity; third that his signature to
thc deed conveying the lands WAS genuine The
counsel for the plaintiff consented 10 IL nonsut.
Md the case CAME 10 al end JcNett and Wallace
tor pltli Fogler and Herscy for defence
Selden Morton VS. Nathaniel Avcrin Parties
live in Frankfort and this is IN action to recover
note for &I9E. Defendant files. an account in set
oii one em being $50 for giving his note for 500
IN plaintiff 5 behalf to &. W. Mclaughlin 4 Co. :
also IN item 10 recover Si972 for that amount paid
by mistake TO plaintiff. The jury returned yer
dict for defendant for - Foger for pltfl Hub
bard for defence
William NJ Rust VS. Eugene II. Mahoney and
the estate Of Chas. D. Field. To recover balance
of account for advertising, over the account of de
PENDANTS as furniture dealers. After the case had
been opened, defendants consented to a default for
amount sued for and costs. Rust pro Sc Fogler
for defence
Hannah Richards of Scarsmont indicted for re
ceivlng goods stolen from fishing camps at Quante
bacook pond, convicted and sentenced to
thirty days in the county jail
Oscar 5. Larrabee, convicted of breaking and
entering the store Of Farwell, in Thorndike, was
sentenced to two years i'll State prison.
John W. Richards, of Dixmont, convicted of as
saut and battery on Croxtord, was sentenced to
ten days in county jail
Charles Is. Mahan of Lebanon n H. indicted
ior cheating by false pretences in the sale Of agri
cultural machines, was granted a continuance to
October on furnishing $500 bail
John q. Brooks VS. S g. Norton ey-shcritf
The main facts of the case are that D. Dudley &,
Co., shoe manufacturers of Newport, in May 1876,
attached the stock in trade Of Ephram Maddocks
Dr. John G. Brooks, having a mortgage on the
goods, took them by writ of repevin, and this ac-
non is to determine the right of plaintiff to hold
them. Case goes to law court, with evidence
taken. Hubbard and Hartman for pttf McLel-
Ian for defence
The following additional divorces have been de
creed
Mary Clifford from John NJ Clifford
Almra H. Kendall from Isaiah Kendall
Isaiah w. Cross from Sarah j Cross
The business of the court was about concluded
on Wednesday, and final adjournment close at
hand