The Portland daily press., 1880-02-24
Cumberland County History.
PROCEEDINGS IN THE MUNICIPAL
COURT.
The Suits Against New Gloucester SUBJ
scribers Withdrawn.

In the Municipal Court yesterday morning
in the cases of the publishers, Everts & Peck,
against Merrill and Cole of New Gloucester,
Messrs. J. j. Perry and William NJ. Sargent,
counsel for defendants, filed pleadings which
indicate the points upon which they rely for
defence in all cases involving merely subscrip-
lions for the History of Cumberland County.
After formal plea of the general issue,
which denies that defendant promised the
plaintiffs in the manner and form declared by
them in their writ, defendant filed the follow
ing specifications of special matter Of defence:
Defendant denies each and every allegation
in the plaintiffs declaration and writ con-
tanned; and further says, that if it shall appear
that the defendant undertook and promised ito
accept of the plaintiffs copy of History of
Cumberland County and pay the plaintiffs
therefor, the history OF which he undertook
and promised to receive copy was an elabor-
ate and comprehensive and general history of
the county from the beginning to the present
time, which would reflect credit upon him and
the county; that should, as far as possible, deal
with its physical features and geography topo-
graphy, geology, mineralogy, the prehistoric
legends, and early occupation by the first set
tiers; the general historical events; the history
OF land and titles; the civil organization in
Guiding that of the county, the courts and the
towns; and independent and complete histories
OF every and each town or township, city and
village in the county, with local events of i'm.
portance pertaining to each. and lists of town
officers; and civil list of officers of the nation,
state and county; histories of political parties,
OF the learned professions, of internal improve
ments, manufacturing interests, agricultural
and mineral resources; the press and authors;
educational and religious Subjects societies,
Social secret and benevolent; military history,
that should lnclnde detailed history of the
city of Portland with all its varied
interests, and each town in the county, includ-
ing church organizations, &C.; and in fact
everything requioite to place before the readers
and said defendant view of the different
towns as they were and are today, that these
town histories should be made especially in
teresting by the careful manner in which
points of interest would be elucidated, and
memories and incidents in the early history
and settlement of the county; that the whole
should be written by competent and ex-
perienced men, and that the assistance
OF eminent local historians would be engaged
and secured in its preparation; that it should
be composed of new, fresh and hitherto I'M
written history; that the whole would be pro-
fusely illustrated with old time scenes,
scenery, churches, residences, &c. - that it
should contain from five hundred to seven
hundred pages including illustrations; that no
pains or expense would be spared to render it
worthy of the subject treated, equal in concep-
ton to the theme reviewed and faithfully por-
traylng the interesting annals of the county;
that the biographies of many pioneers and
prominent men should be appended to the
history; that it should be similar to a speci-
men copy of an illustrated county history
published by said plaintiffs then and there
exhibited to defendant, and which was by said
plaintiffs represented to be history, and also
reliable, accurate comprehensive and ex-
haustive history, and written, printed and
nv fhnr Il H.. Oh,
braced all of the elements of worth. accuracy,
reliability, excellence and completeness here
lnbefore set out at length; that the plaintiffs
agreed to write. print, publish and deliver to
defendant a copy of a history similar to the
one which the defendant promised to accept as
hereinbefore set out; but defendant says that
the plaintiffs have not written, printed, pub
Hshed or delivered to the defendant copy of a
history such as defendant promised to accept,
embracing the elements of worth, accuracy re-
liability, excellence and completeness herein
before set FORTH and which plaintiffs repre-
sented to and promised defendant it should
embrace and contain; but have produced a
volume, alleging it to be history, which is so
faulty, inharmonious, unskilfully written and
erroneous as to be without value either as his
tory or for reference, and from which is
omitted, moreover, much that defendant was
assured it would contain and which he relied
upon obtaining therein; that it has not been
prepared by skllful and competent men, and
plaintiffs did not secure the assistance of emil
nent local historians in the preparation of the
same; that IL is not composed of new, fresh,
and hitherto unwritten history, and that the
said representations and assurances of plaintiffs
made to the defendant as aforesaid were false,
known to be false, and were made by them for
the purpose of misleading defendant and in
ducing him to act thereon, and defendant rely
ing ON the promises and representations of
plaintiffs did act thereon.
And defendant further alleges that said
plaintiffs did not in their representations to
him as aforesaid made, disclose the fact that
said plaintiffs intended to devote said work to
private, personal and venal, pictures and biog-
raphies to the exclusion of historical matters
and the lives of eminent men; and that the
space so occupied would be obtained at the ex-
pense of legitimate history excluded, to make
the space therefore; but studiously concealed
their intention SO to act and further did rep
resent that the labor and expense of preparing,
printing and publishing the histories and mat
tiers ge.mane thereto would cost and be worth
to said defendant the said subscription price of
twelve dollars, while in fact very large pro-
portion of the expense of preparing, printing
and publishing said work, and of said twelve
dollars has been expended upon said private,
personal and venal pictures and biographies,
which are without value to said defendant as
history, and said work is not worth to him said
sum of twelve dollars; all of which constituted
and is gross fraud upon said defendant
Cleaves Brothers appeared for Everts &
Peck, but were not ready to proceed, because
of the absenceI of principal witness. The
counsel for the defence offered to admit the
testimony of the absent witness on statement,
but the plaintiffs chose to withdraw the cases,
the entry being plaintiffs discontinue on
payment of COSTS"