Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1878-04-18
FRIDAY. Apri, Il. ISIS.

FRIDAY, Apr. Il. ISIS.
Harrison b. Mason v. Alden ii. Bellaty.
Appl'ts.
Assumpsit to recover the sum OF eos for
goods sold and delivered PHI in 1876
The bill was admitted TO be correct By
Defendant, but be claimed that so should
be deducred from Il by reason of psymen,
TO that amount made TO Plf BY one Henry
A. Pierce on account of Defendant.
II was 10 evidence that the said Pierce
did give Plf his negotiable note for $40 OF
GO days. which was not paid at maturity
and that Pierce became insolvent soon
after. Plf. testified that he took the note
a. collstural security for so much Of Deft's
account and not as payment The Defen.
dsnt on the other hand. swore that the Plf
made the trade with Pierce about the note
and Afterwards told him. that so much OF
the account $40, he had arranged with
Pierce. The Judge ruled that the taking
Of the note was presumptive ev idence of
payment, and the Jury gave a verdict for
s23. thus finding that the note was In pay.
ment.
Joy tor Pif. Emery for Def,
SATCRDAY, April Is.
Nehemiah II. Higgins vs.. George W. Bag.
ley.
Action OF assumpsit 10 recover OF Def.
for IL l-2 weeks OF board of himself, wife
and daughter at SIS a week
At the time the board was furnished,
PHI. was.proprietor of City Hotel. one hall
Of which was owned by Defendant.
The defense set up was, that there was
an agreement between the parties for Plff.
to board Defendant and family In payment
for the rent OF his half the Hotel aud the
putting on of some needed repairs. Plff.
denied any agreement of this kind.
Another ground of defence was that the
price OF board charged was exhorbtant,
as Deft's. wife took care of rooms, beds.
etc. The Jury found for the Pin and
assessed damages for the full amount of
the board charged, less rent OF half the
Hotel.
Emery for Plf. Dutton for Def.
Ga Monday afternoon the criminal dock
ct was taken up.
State VS.. jefferson Severance,
Two indictments one for larceny of tools
&c. IRON the blacksmith shop of Silas
Saunders at Ellsworth Falls.
The other for breaking and entering In
the night time the stable OF j. T. Crippen,
and stealing therefrom a coat and robe
Plea Guilty.
On the latter Indictment. the Court sem
fenced the prisoner to two years confine-
ment In the State Prison, and on the other
indictment, sentence was suspended.
State v. Rose Z. Morrill,.
Indictment for assault and battery on
the body OF Ada Boyntou child, 4 I.2 years
of age. To this Indictment. plea of noIo
was entered. The evidence Of.
fered showed that the Resp'dt. and her
husband adopted about one year before,
the above named little girl-that the child
was wiful and disooedient and that Resp'd DIT.
at different times punished the child. The
manner Of punishment, (Which constituted
the assault and battery alleged in the in-
was whipping with sticks the
body of the child when tied, on its bare
flesh, the PARTING it TO bed and keeping It
there for three days and feeding 1t on bread
aud wster-tieiag its hands and feet. and
keeping il behind the door for half q day
ut a interpreting the hands and fingers
of the child with pins until the blood
started. and applying pIasters of mustard
to the body of the child aud keeping them
there for hours, aud until the skin was
blistered and infiamed.
The Resp't. herself testified and admitted
that the puEishments were Inflicted IN kind
as above specified. but not to the extent
the child was willful. ohsti-
nate, and determined TO have her own say
that the punishments were inflicted for
he good of the child. and just ~ soon as
he child yielded, she ceased. The ressoas
Tor those punishments, were that the child