The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1879-10-16
Superior Court.


WEDNEsDAY.-George Hearn VS.. Shaw, Ham,
mond & Carney. This case, which has been on trial
for the last eight days. was action to recover
damages laid at five thousand dollars for alleged
malicious prosecution The plaintiff claimed that
in September, 1877, he 8 joined in suit brought
by Shaw, Hammond g. Carney to recover for sup
plies furnished the brig Eudorus in July, 1876,
when he, Hearn, was not an owner of the brig, and
therefore not liable; that he became a part
owner in January, 1877; that the brig attached
upon this suit when she was loaded and ready for
sea and had fair wind to proceed upon her voyage
to Cardenas; that by of this attachmen she
detained ten days, and thereby lost charter
from Pensacola to Cuba that the action was malic-
iously brought by the defendants without probable
cause and with the intention of compelling the
to pay the bill Immediately without fair trial;
that although the plaintiff offered ample and sufi
cient security to respond to any Judgment that
might be recovered in the suit, the defendants re-
fused accept it and release the attachment; that,
although the attachment taken off after four
days. it was not until the weather had become SO
favorable that the brig could not go to sea- and was
compelled to be in the harbor for week thereafter.
The plaintiff put in evidence alleged copies of var
GUS letters which he claimed to have sent to Shaw,
Hammond g. Carney at or about the time of the at
tachment and after documentary evidence corrob-
orative of his claim.
The defendants denied the plaintiffs claim, and
offered evidence to show that the original suit was
brought and conducted under the advice and direc-
ton of their counsel Butler s. Libby) that it was
founded on Just debt for which Hearn liable
by reason of his having ordered the goods at the
same time, stating that he was apart owner, but
could not have the property in his name because he
was in bankruptcy and had not got his discharge.
The defendant also claimed that the vessel was
ready sea the time the attachment put on,
and that no such charter for Pensacola existed as
claimed by plaintiff that the plaintiff suffered
no damage; that the vessel remained in the harbor
seven days after the attachment was released, and
that the wind and weather were sufficiently fayora-
BILE for her to go to sea, and she would have gone
had it not been for the sickness of the captains
wife, who was sick then, lying dangerously ill in
this city.
The defendants further claimed that the alleged
copies of letters introduced by the plaintiff had been
written subsequent their date, and that the org
mails had been received by them that they had
produced all the letters received by them from MIR.
Hearn between the dates of the purchase of the sup
plies and the release of the attachment and of these
the plaintiff produced no copies
Defendants also claimed that the testimony of the
plaintiff in support of his claim was not to be cred
to show the general bad reputation for truth and
veracity of the plaintiff. They also claimed that
of the documents introduced by the plaintiff did
not bear the original signature of the party whose
name appeared upon it, but was written by Mr.
Hearn himself, and offered testimony of experts to
that effect,
The plaintiff offered in rebuttal number of wit
the effect that his reputation for truth and
veracity is good He testified that the signature al
legged by defendants to be forged was the signature
of the party it purpored to be, and that he saw him
sign it. Plaintiff also called experts who testified
that the signature not in their opinion written
by him (Hearn), it written by the same hand
that wrote the admitted genuine signatures of the
party.
The jury after being out thirty minutes returned
verdict for the defendants.
Frank-Larrabee for plaintiff.
Butler g. Libby for defendants.
Christopher S. Currie VS.. Philip L. Shool Action
an account annexed to recover for board and
goods furnished the defendants wife prior to her
divorce On trial.
Scribner for plaintiff.
bennett for defendant.