Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1885-10-10

III Tie y. .. circuit court this afternoon
the case of c. W. Goddard, ct ais, executors
OF F.o. j. Smith, in equity, vs.. Western
Union Telegraph Co. This was a bill in
equity, commenced in June, 1875, by the
late +. 0. Smith, to compel the Telegraph
Company to account to him for large sums
of money.
After large amount of evidence had been
taken upon the bill and answer, Mr.. Smith
died in October, 1875, and Judges Goddard
and Waterman, and ID. w. Fessenden, ESQ.
were qualified as his executors, in the OPEN
ing OF 1876. AT the time of Mr. Smiths
death, large number of writs were pending
IN different courts where he was interested as
plaintiff or defendant. In the process of
time all those cases have been disposed of
except the present. For several years nego-
tiations were in progress for a settlement of
the telegraph suit also, but an agreement
has now been reached by the executors and
Bradbury and Bradbury, the company's at
torneys.
At length, last spring, the executors con-
Siuucu W Wing luC Cdoc w d ClOSt ny NOV
ing for leave to file bill of revivor, a cere-
mony still required in equity cases in the
United States courts, although it was long
ago dispensed with in the courts of Maine,
by an act of the legislature The bill was
accordingly filed in April last, and on July
7th, the company's new attorney, Hon. Or
vile ID. Baker of Augusta, filed his plea,
alleging the negligence of the executors part
IN not sooner applying for bill of revivor,
and also pleading the statute of limitations,
because more than six years had elapsed
since the executors had been qualified.
But Judge Goddard, in behalf of the execu-
tors filed motion to strike out Mr.. Bakers
pleas because they were not sessonably
filed, according to rule sc, of the U. S. cir
cult court, which requires the cause to be
shown why the bills of revivor should not be
fled at the next rule day after the
expiration of IA days from the service of the
subphena on the respondent, which Judge
Goddard caimes to have been June rules,
June |, 1885, so that Mr.. Baker was SO days
too late and guilty of negligence himself.
The case tried on Thursday afternoon
before Judge Colt. circuit judge, Judge Webb
not sitting because he had been named in the
bill as executor, although he never qualified.
Mr. Baker claimed that there was no rule
day in June because neither of the judges
were present that the claimants had waived
their objection, if there was any, by not filing
their motion to strike out his plea at the time
when he filed them, July 7, and that by
agreement with Hon. Bion Bradbury Judge
Goddard consented that thes question might
be argued at the July rules instead of June.
Today Judge Colt announced his decision.
LIST, that equity rule 56 of the United States
circuit court was imperative and peremptory
in its requirements. 2nd, that the presence
Of the clerk and not of either of the judges
was unnecessary for the holding of rule day.
Sd. that the showing of the cause
required by the rule was the fling of the
the suggestions of the counsel. 4th, that
the executors had not waived any rights by
not filing their motion to strike out the re-
spondents pleas on the same day that they
were filed, viz july 7 that the executors
motion was seasonsbly filed 10 days after
ward, July II, 9TH, that the alleged agree
ment could not avail the respondent COM
pany because it did not appear aud indeed
was alleged by their attorney in his brief to
apply to the filing of his pleas, but were con-
fined to the arguments only; that the pleas
of the respondent company having been filed,
as appears by the record 36 days too late,
must be stricken out and the motion of the
executors granted Therefore, decreed that
the motion of the complainants granted,
the respondents plea be stricken out and the
complanants have leave to file their bill of
revivor.
End of Grand Struggle to Keep Away
from Chapman's Hotel.
PORTLAND, Oct. 9.
In the U. S. Circuit Court at Portland,
Friday, the case of United States VS.. Edwin
p. Treat came to an end after a long COM
plication. In June, 1884, Treat was indicted
at Bangor for taking excessive pension fees.
In the following December another lnalct-
ment of the same character was found at
Portland. Treat was tried and convicted. In
February last q motion for arrest of sentence
was filed and overruled, and Treat was SEN
penced to six months in Bangor Jail and fine
of $780, A writ of error was issued by Judge
Colt. Treat was brought up on habeas
corpus argument made last June. Friday,
in the Circuit Court, decision was filed that
no error had been found and the judgment
of the lower court was affirmed. Treat went
to Bangor on the noon train to serve out .
sentence of six months and pay fine Of $500
and costs. Clarence Hale and h. ID. Had
lock were Treats attorneys.
Pilot Knox and Jack Spratt.
John May has consented to drive Pilot
Knox against Jack Spratt, for purse OF
1900, over the Deering track, and the Cum
berland Agricultural Society 10 perfecting
blans for series of other races.