Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1877-10-18
supreme judicial rt.-Ocr. Term
PER ORDER

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declare a dividend aud also record Of the
payment OF such dividends to other mem
bers OF the Trustees.
The Defendant claimed that the vote of
the members did not authorize the divi
dend as that was In the power of the Trus-
tees, aud also that the evidence OF other
payments was not sufficient to prove a
! legal declaration of dividends
The Court sustained the Defendants pos
ition and ordered non-suit. The PlT ex-
cepted.
Nose for PIT Stetson for Den.
Mel&tiah X. Clasv. V. Albert A. CLAY
AsSumpsit TO recover OF Defendant the
sum OF $3.50, the amount due Pm. for
monies paid laid out and expended in the
building OF house for Defendant aud at
his request. The sum claimed was not dis
puted by Defendant. but in defence he says
that four notes .i2ned by himself aud wife
amounting to $3.50 were given in settle
ment OF the above claim.
The Pa. does not deny that the notes
were given, but says that they were given
and to be accepted as payment. only on
condition that Defendant should procure
insurance on his house. payable In case Of
loss 10 the Pm which insurance Defend
ant failed to obtain, whereupou some
weeks alter the Pin. returned notes TO De
PENDANT, whlclrhe refused to receive.
The Defendant denied that he promised
10 obtain insurance as above claimed. but
asserts that the notes given, were In iull
settlement of claim. The simple question
for the jury. was whether the notes were
given aud accepted in full payment or not.
Verdict for Defendant.
wiswell & Wiswell Emery
for Pm for Defendant
Thursday. Oct. To-
Ruthea Straw, V Frederic NJ. Austin.
{ Trespass for breaking and entering Pits.
close in Hancock, and cutting and carry
. ing away the grass growing thereon.
/ The Pin. was the widow OF Lemuel b.
Rich, her second husband, who II was adj
mittted, WAS the owner OF the locus. and
had been In possession and occupation Of
the same for more than twenty years
4 Pin. also claimed title A. heir of an In
FAINT child, (there being no other issue
alleged TO have been born after the death
OF her husband.
The entering OF the close and the taking
Of The grass by the Defendant was not Dis
pute1
I Defendant defended on the ground THAT
he was the lawful owner OF the premises
and to prove this introduced deed from
two Of Mr.. Rich's heirs and also a q c. deed
! from one Edward b. Estey, grantee OF
said Rich. by deed dated about year prior
to his death. Defendant also proved the
taking Of possession ofpremI2es. Defend.
ant also denied the birth of the infant. and
this WAS the main point in the case, for the
determination of the jury.
The PIT testified that in May 1851. after
the death OF her husband, she gave birth
1 to the child, which lived an hour and
half. and that several Of her female neigh
bors were present who are now deceased.
and that DR.. McAllster was the attending
physician. She further testified that prior
TO this time, she had also given birth each
year, for four successive years to tour
other children which lived but short
time
Defendant introduced testimony 10 show
that DR.. McAilister died in ls60. and that
nobody in the vicinity OF Mrs. Straw's resi-
dence. ever knew or heard or dreamed Of
such thing as Mrs. Straw having baby
The jury found for Defendant.
Peters for PHI. Hale & Emery for Def.
Friday, Oct u.
Samuel S. RunmIll. V. Inhaitants Of
fremont.
Action for damages. Pif. claimed that
his horse broke leg at defective culvert
on the road from Norwood's Cove, 10 Seal
Cove in fremont. He claimed that the
earth covering the poles of the culvert was
off. 50 that his horses leg went in under
the poles, and was so broken.
The town denied that the culvert vi, out
of repair, and also claimed that from the
tracks, 1t was apparent that the horse did
not break his leg st the culvert. The town
further claimed that the horse wss lame,
aud so inclined to stumble, and the break
ing must have been caused by that.
The jury fonud for the defendant.
Hale & Emery wiswell * wiswell
for Plfs. for Deft.
Saturday. Oct. 10.
State v John and James Davis.
Indictment for a simple assault on Jones
and Larkin. Police officers of Ellsworth.
Plea guilty. Sentence TO pay fine Of IS
eBch.
State v John and James Davis.
Indictment for rescue OF a prisoner
from the above named officers. Plea
Guilty. Continued for sentence.
State v. Geo. E. Stinson. John Durham,
and ABEL Z. Richards.
Indictment against Respd'ts. of Deer
Isle. boys about II years old, for breaking
, and entering the store of Geo. Tolmam, of
. Deer Isle, aud stealing therefrom money
and goods. Plea Guilty. Sentence not i'm
posed.
Chas j. Veazie q TX. v. Robert Erskins.
Action TO recover damages received by
the wife, on the night OF September ~.
1874. by being thrown from a wagon in
which she was riding, whereby her wrist
wss dislocated. The cause Of the accident
was the shying of the horse, which was
frightened at the sudden starting up Of
heifer belonging to Defendant, and which
was running at large in the road over
which PIT. was riding.
The fact OF the injury and OF its being
: caused in the manner above stated. was
not denied. but the Defendant introduced
testimony TO show that his belfer WAS not
at the time alleged la the road, but was en-
closed in his barn-yard with his other cat
tie. Defendant also denied his liability