The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1878-05-08

Superior Court.
MAY CRIMINAL TERM, 1873, sYMoNDs, j., PRE-
SIDING.
TUEsDAY.-The May criminal term opened this
morning with prayer by Rev. Mr.. Perkins Of Casco
street church. The grand jury is the same as last
term. The following are the traverse iuries:
First jury. H. Belts, westbrook, foreman; j.
Lerain, Cape Elizabeth: N. Drnkwater, Yarmouth /;
W. Duran, Casco; j. bennett, Brunswick j y. Fell
Bridston: G. ii. Gibson, E. Cooling, Portland. ''
Second iury-Cushnan Hall. foreman, Gray; A.
P. Haskell, D. F. Larrabee T. L. Sawyer, Portland
G. Hudson. Deering; j. Knight Falmouth; w. L.
Larrabee, Gorbam; j. Merrill, New Gloucester; G.
E. Merrill, Scarborough; H. H. Nuttng, Otisfied; B.
W. Pickett, Cape Elizabeth; A. Sawyer, Cumber-
land
Supernumeraries-J. G. Turkey, Portland; W.
Shaw, Standish; A. B. Sanborn, Baldwin; j. Shorey,
Gorham; l. s. Soule. Freeport; H. Totman, Harps-
well.
The following decisions were rendered in Justice
cases where the decision was reserved;
John Neville by his next friend VS.. Levi F. Hoyt.
This is an action upon the case for negligence to
cover damages sustained by the plaintiff. child
three and one.half years Of age. in being run
over by horse and express wagon driven by the
want of the defendant Damages claimed $4,000. The
child and his parents reside few doors below the
corner of watervile and Adams street. On the cor
ner of these two streets is vacant lot and stone
monument at the intersection of the exterior lines
the sidewalk but cuIbstone or brick wall, so that
teams in turning the sometimes cut across in
side the monument and across the sidewalk. The
testimony for the plaintiff shows that upon the after
noon of December 21st 1871 the plaintiff child. three
and one-half years old. with his brother, between
five and six years of age at play upon the street
or upon the sidewalk. No witness actually saw the
child run over. One witness saw the driver of the
wagon come out of the house and drive off in hurry
as if he was late, and Immediately after heard cry
of alarm and saw the team stop; that it was then a
little after five o'clock and growing duskisb. An
other witness says that between five and six he
to the door of his house and heard child scream an
saw this child lying upon the sidewalk about foot
or fifteen inches inside of the stone monuments an
other witness testified that he the team turn into
Adams street. and that it cut the sidewalk in
side of the monument.
John Crockett, the driver of the wagon testified
that he is 70 years old; have driven wagon in the
city for 40 years. left the store corner of Exchange
and Federal, on this night at ten minutes past five
O'Clock, drove up to Watervlle street, took mat
tress and bedstead, carried them up one flight of
stairs, set the bed up and put the mattress upon it
and then started for home; it then dark that
the lady in the house had to light lamp; drove a
commopjog, didn't hurry, and when struck into
Adams street saw boy pass in front of my horse;
didn't see any other child then, but in mo-
meut more saw little child lying in front of my
wheel; stopped Immediately and got out and watt
ed while the child was carried home to see how badly
he was injured did not drive inside the monument
across the sidewalk and the child was picked up in
the street.
The injury to the child was broken thigh in the
upper third. Decision for the defendant.
Sargent-Putnam for plaintiff.
Webb & Haskell for defendant.
George F. Holmes, admir- of estate of John Tenney
VS.. E. P. Brooks. Action upon promissory note
dated May, 26th, 1865 signed o. M. & E. P. Brooks
for $5s9.63 on demand.
Defense-tbat the note was given by o. M. Brooks
now deceased, for his private debt, and not firm
debt, without the knowledge or consent of the de-
PENDANT.
Decision for the plaintiff for the amount CT the note
and interest.
Strout & Holmes for plaintiff.
Peabody for defendant
John E. Donnell VS.. Daniel F. Emery. Action to
recover the price of one-half of party wall. re-
port of the case will be found in another column De-
cslon for plaintiff for $780,
Sargent-A. A. Strout for plaintiff.
Butler g. Libby for defendant
Sarah E. Kneeland VS.. Isaiah Webb. Action of
trover for the value of wagon. The wagon was at
tached by the defendant an officer on alegal precept
against the husband of the plaintiff as his property.
The only question in the case was whose property
was the wagon. Decision for the defendant.
George Hazen for plaintiff
B. T. Chase for defendant.
Ira p. Harrington VS.. David Hooper. Action to
for rent of store in Harrington block. De-
cision for the plaintiff for $62O5O which decision is
upon pro lorna rulings matter of law.
Locke for plaintiff.
Strout & Gage for defendant.
Notice to coanseI-Appeal cases will be taken up
in their order Wednesday morning, at which time
counsel must be ready.