, 1877-03-17


out the country, and will be looked forward 10 With
iupatiencc.
GENERAL.
THE HIDE PARK WATER-wOEKs.
something over year ago Tug TElHuSE pub
1'shcd an article showing that the title the lands
On which the Hyde Park Watcr-Works stand WIS
not clear. and thst the town might lose them.
This tract comprising three acres, donated TO
the town by Mr. John 4. Fitch. who owned sixty
acres there. twas Al the time Of the donation
subject to trustdced Of SIS, 600 to Gen. john 4.
Dix, and this is about TO be foreeosed, decree
was entered to that effect yesterday. The case
came up before Judce Blodgett yesterday exccp-
tions To the Masters report in fayor at the sale,
aud the following are the Judges remarks:
These are exceptions 10 the Masters report, ana
the substance cf the aud of the exceptions
simply these: One Fitch made mortgage to John
4. Dix 10 sccurt loan Of money. conveying by
the mortgage tract Of land in the Town Of Hyde
Park. containing nbout sixty acres. Default was
made by Fitch in the payment Of the amount, and
bill Was fled by Dix ~ 1orccose Certain |,arties
who had purchased from Fitch, subject TO tho
mortgage Or after the maxim: Of it, We're made
parties defendant und among theu, were the VIII
la.e Of Hyde Park and the vn OF Lake. 1t appears
from the evidence induced before the Master that
the Town. Of uyd. Park and Lake obtained by
conveyance from fltCn in5te AC1eS, upUu WHICH
they have erected their water works.
1t il now urged by way Of exception 10 the Mas
ters report that the Court should make soue spe~
cidc order ~ to the amount fnr which
the property last sold should bring
ut the sale. do not sec from
any view am able to take OF the case, that the
Court can at present make any such order. II
seems to be Just enough to make decree that the
property should be- ro'd in the inverse order Of
alienation. which j. the ordinary practice adopted
by this court Whtu the Masters report OF the
sale IN it will be for the court III say whether
the sale is fair under the facts OF the case.
II aprear= alru,atvcly, and do not think it is out
Of place for n1e to say. that the towns Of Hyde
Park and Lake have expended large sum in the
erection Of water works: that these three acres Of
rot an Improvement in the ordinary sense u tic
wor!, xtlcu add to the vaiuS Of thu 1Ynti It
Goes not a:d TO the ve,.dih'. or salab:e value
OF tnellni on Which i i placed. nor docs it add
Of taeisn.. Yet .,,onld think it taking an nn-
fah ads4n'a:c Of the towns, under the circnn1-
stan es II tle nurtgasee should attempt to saddle
peculiar circumstances: These. Improvements
corparltion- @ slonc 1Favy have thy right Of main:
tanning These wo.ss far the public benefit. anu
neitkc! Of thosc towns are 80 s!tuaied that they
could prutect tr,i-elsvs by bidding on the entire
trncl nnu thereby indemnity themselves from pos
iriye loss by ;'u.ra~" 0; the entire property under
thu n!olr -s4e, oees:>e 1hs Court could not pre-.
the; have -th. lawful means OF raising
tile funds with winch 10 1aal:e sach !
purchase. ! us*:te ini!v:dnal and:ns himself
portion OF this lAll and made improvements upon
It, u:ir!l, protect himself. The Court might >ay it
was h;- place tu it. l doab1 whether the Court
ought TO appfo:c Vi sale which cl.ar-es IL large
por.iu, Of This Indebtedness upon this portion u
the property which has been similarly improved for
public pnrposeS.
do moi think on the other obligation that it is
case fer the application Of tho law in regard to oc-
cupyiug claimants. which has ueen much elaborat
ell hy the counsel for the towns ot Hyde Park and
Lake, .s the occupying claimants' law only applies
to parties holding the relation Of adverse owners.
where il adverse possession has made improve
rut, upon the ani. If the owner Of the adverse
title brings and maintains cjcctnent he may have
compensation for his Improvements at valna-
ton. Bat here the I'a5ties are IN psi'l1s: me
iva towns cIailn from Fitch BY conveyance from
him. and Fitch is the n;ort.accr OF complainant,
They therein in direct psiyty With COMPLAIN
anil The occupying claimants law does not apply.
II tine property which s.s sold subsequently TO
the onstion saoa! not oe sufficient to satisfy the
decree. the Gig Of 'he W:te5-" "orf. ., % would o.
authorities.
AN. LANCASTER
The motion for 1r;a! in the case OF Alvin y.
perjury, came mp yesterday morning 70! argument
before Judge Eloi:ett- Very little oral argument
was made, Mr.. SWEET occupriuy the time in read
in. !,s own :.i.,av1s and those OF Mrs S. Z. Mag
nussou. 4. X. zt-.:nan. Dr. q. Z. Paoli. Dr.. J.
s Jrwe1l. and Dr. Thomas A. Jordan trying to
prove that Lancaster was insane when his case was
Nr SWEET, in his afIilavit, suites that he was
only retained thr day before the trial, that Lan-
himself that hc could no; give acoaaeced account
OF tie facts of tue caSe. and a:ianI
"as compelled TT TO- 60 to tr!aI only haIt
have been mentally unseund. He has always lFm-
IS believed in his aequ:ttal. and treated the
case conspiracy against him.
OF Lanca<;.r's wife: tht he was eccentric. ntry-
ous, and piannn. great schemes: that after be had
been convicted and had been taken to thr Nsrshals
oice preparatory to neiE: removed 10 jail. he told
her he Was merely ind1sposed- but would be up
Lo:uc by night After his Incarceration he refused
the assistance ot frsad, saving he could os es:s
felf TO victims of the Inquis:tio.s, and his prose-
cnto:s TO i"ouisitor. From these and other CIR
cumstances she concluded lie n,ust be insane.
Mr. 4 y. Waterman in his affidavit dsposed
that shortly before the trial Lancaster wanted to
retain him. but he declined on the ground Of other
to cs=e his wife had i'll the Federal Conrt- Water
man subsequently visited him four times III 'ail,
bu, could never get connected statement OF the
Lancaster aisu never seemed to be aware of the
danger he was in unde. the indictment
Dr.. Il. C. l'aoii stated TINT he bad known Lam
caster for some eight years. and had seen him al
most daily for the past few mouths, hay
iny been in at.en:iancc on lis wife.
+; fs;v od II M ns 1T
Troy. Lancaster also seemed to be perfectly con-
ldcnt he should be acquitted and the Doctor
thinks he Is insane. ....-..
Dr. Thomas ~ Jordan had known Lancaster for
SOME yelrs. and thought he wa7 of unsonnd mind.
Dr. j. $. Jewell. who Mr.. Swett testified had
been introduced to Lancaster in jail Is u lawyer
WHO w.s :,uiu. to assist in the ease. gave very
general u:,noa. in which be inclined to the belief
that Lancaster mini was not quite balanced.
District Attorney Daags ritscalctl the allegation
that Lancaster suffered fru: menlal abcrrstion. as
ALTERATION was only moral. aud Afforded no posi-
bic cal=c for ncw trial. The only insanity Lam
caster showed was N archaeological one in hunt
in. up old land titles.
Judge BIo1gctt took the matter under advise
ment without Stain. whru he would render his
decision. .......-.
TIE PROTECTION LIFE-1SsUASCE COMPANY.
The literature in the litigation against the tro-
tcetion Lifc-InSnraace Conpaly was very ma
tc!;ally Increased yesterday by vou11nous alii-
uarit OF L. r. ililliara, covering nearly seventy
five PAGES of legal cap In it III. HitI1ard tells
everything he can 7eco}iect ahunt the Company. its
manner OF tloin, business, and the grca: sdSantases
Company il a sock concern Oh thu non-u,utnal
uau lie has, he says. hid little to do with II M
til the last year. aAd be makes the somewhat
startling admission inst the Company has nevcs
agreed IL pay it, policy holders eve=y dollar of
the assessment levied for their benefit but on the
cont.ar; it can use, and las used. all
assessments with huelity III protecting the
ricl,ta of the rulicy- holders III rtstEt-