The Portland daily press., 1878-07-25
suureme Judicial Court.

Western D1StTtct-Jaty L0U 1eTW
HON. JOHN APPLETON. Chief Justice, presiding;
Hons. CHARLES W. WALTON, JONATHAN q.
DIcKERsoN, WILLIAM G. BARRows, WILLIAM
WRIT VIRGIN, ARTEMAs LIBBEY, Associate JUS
tees.
j. D. Pulsifer, Esq, Reporter; Daniel W. Fessen-
den, Clerk.
WEDNESDAY, July "a.
OXFORD CASES.
No. 35-Berry VS.. Sanborn. In writing 80, 30, 80,
or overruled.
Hastings. Matt0ckS.
CUMBERLAND CASES.
No. 1s9-Fabyon vs. Boston & Maine Railroad.
motion overIuled.
Reed. Putnam.
No. 2I9G-Cumberland Bar Association VS.. Daniel
tendant, member of the Cumberland Bar, at the
January term, s. j. C., 1878, Virgin, D., presiding,
no emo1eS be acs Se
selor at Law of said court The complaint charges
violations of his official oath, and that he did not
possess good moral character Case in progress OF
hearing when the hour of adjournment arrived and
continued till Thursday for further hearing.
In support of the charge that he had Violated his
official oath by false and gIoundleGs and unlawful
suits, is cited where it is claimed that in the
month of February 1876 Celesia C. Skillings Of
Portland furnished said Proctor the sum of $l4 to
be paid Ashbury Libby. Proctor afterwards OBJ
tanned assignment of Libby, although he had the
money to pay the BILL skillings brought suit
against Proctor for the Si4 which he claimed he had
paid Libby for her, and obtained judgment against
him. 1t is also claimed that the 2sth of july 1871
he having obtained the said Libbys books containing
charges made by him to said Skillings, all of which
had been paid and settled, including assignment,
and many others which Skillings had paid directly
to Libby, he brought suit in Libby's name against
Skilngs on account annexed, which account had
been paid, as Proctor well knew, Proctor bringing
the suit without Lbbys knowledge, request or con-
sent.
On the charge that he had not conducted himself
with fidelity to the courts it was claimed that on
August 6, 1877, at court in Bridgton, held by W.
W. Cross, trial justice, Proctor attempted surrepu-
tiously from the files of said couta certain
plea of the general issue which had been filed in a
then pending before said trial JUSTICE for the
purpose of avalng himself Of the point that plea
had been filed. On the same occasion he moved to
dismiss an action in which he appeared as counsel
for defendant, on the ground that the summons in
said case was not sealed when matter of fact the
seal had been removed theretrom by said Proctor af
ter the service Of said summons and before the re-
turn day of the writ.
1t is also claimed that November 18th, 1871, he
brought suit an attorney to enforce lien upon
real estate for material furnished and labor per-
formed, the writ being returnabe to the Municipal
Court of Portland. November l26th. The said writ
was placed for service in the hands of Matthew Ad
ans, city constable, who served the writ, and made
his return thereon that before the return day of the
writ Proctor obtained possession of the same, and
before entry and after service, materially altered
by adding thereto another defendant, one William
Somers, and making other changes
On the charge that he had not conducted himsel
with fidelity to his clients, 1t is claimed that il
March, 1877, by false pretences he obtained the sig
natnre of one Ann NJ. Haskell to bill of sale of he
household goods and other chattes to Ida M. Proc
tor his wife This case has been fully reported in
this paper.
Lastly it is claimed that as he has been Iepeatedl
guilty OF dishonest acts he does not possess goo
moral character.
In answer to these charges Mr.. Proctor said tha
in the suit of Libby Skillings, the claim was al
signed to him with right to sue and collect in b
name. He transferred it to another person VIII
owned it when the suit was brought. Skillings di
not furnish money to pay said claim, and the su
was commenced in good faith.
He makes general denial of the other charges an
claims that he has never been guilty of dishone
act knowingly, or obtained goods by false pretence
violated his official oath, and has always acted
good faith.
S. C. Strout, B. d. Verrill and VIM. W. Thom a
DR., for the Cumberland Bar.
Defendant, pro Sc with Ctfods.
ECases from other counties are now in order.