The Portland daily press., 1885-05-28
York Ccuasy y. y. court.
BEFORE JUDGE HASKELL.
(Reporied for the Press.)


ALFRED, Wednesday, May 27.
Mary A. Lincoln, lib liant, Amos A. Lincoln.
Lioet for divorce. Cause, gross and confirmed
habits OF l. toxicaton. Divorce decreed, aud Gus
tody OF minor CHILD given 10 mother u-til further
order of court
All the civil cases marked for trial at this term
having been disposed of, the criminal business was
taken up estersay afternoon.
The first case was that OF the State VS.. Michael
Seaman acd David Morris, who indicted at
this term for breaking aud entering car standing
upon side track OF the Boston q Maine railroad al
S4co. on the 80 OF the pre- sent moDth and stealing
therefr, m nine bags of meal.
The government offered testimony to show that
the car oad OF grain was received at Saco and
placed GU the side track May I'd that the door ii
the car Was secured at night by nailing that AT
about O'Clock the following morning The watch-
man 10 The va d discovered the respondent seanan
open. with several bags of meal upon the ground;
thai when accosted, Scaulan gave no satisfactory
answer, and that he soon after arrested BY
Deputy Sheriff Joseph w. Small whom he watch
mau hsd called TO hs assis ance That with Scan
Ian III custody, the watchmaB and the depu sheriff
vsi ed the house Of Morris, where they found two
bags OF meal IN small room in the houee; that
Morris was found near by the house ana arrests Oh
that both of The resp ,ndents were intoxicated al
ne time, aud both had meal upon their clothing;
that hammer Was Taken from TIE person of MerTIi
alter his arrest, with which Tho breaking was sun
posed 10 have been effected; that the prisoner
at empted TO escape the way TO the station housa
but were secured and locked up.
The Respondent. Seaman. testified that OF the
night 10 ques ion he had attended ball in Marble
times with Morris and another man; that after the
ball he went to The house of Norris where they
both drank more liquor; that he, Seaman, then laid
down and g. ept tor al hour, or hour and half
when be was awakened by Morris coming in; that
they then drank again AID he started for home;
that he did not remember anything further unril
the watchman accosteu him as he was lying upon
the bags OF meal near the car; that the wa chtnan
left him but soon returned when he arose: that the
Waterman again lett him, and he went To an en-
bankment near by anu laid down for a short time
and then arose 10 go Nome when he was arrested
The respondent, Morris, testified that he attended
the pa at Marble Hail on the night in question;
that he met Seaman there; that they urauk to.
gether; that after he had returned home after he
bali, Seaman came to his house and they drank
more liquor: thai Seaman laid down and slept an
hour and half or two hours, when he aroused him
and advised him 10 go home; that they drank again
and seaman left; that he Morris then went out 20
obtain some hop beer, and returning was a 81 by
The officer and arrested. He testified that he kne "
nothing OF Ihe bags of meal which were found in
his house; that IL was mystery how they came
there.
Counsel for the respondents offered the further
defence that the existence of the Boston q Maine
railroad in This State as a corporation and the
ownership OF the properly, had not been sufficient
ly proven.
lii charging the jury this morning. the Court
ruled that Tho court and the jury were bound to
take Judicial notice OF the existence of the CORPORA
ton as charged in the indictment, and that this
corporation was authorized to take and deal in
property as other railroad corpot this State
anu that il necessary that the State sbould
prove that the railroad company was the owner Of
tne property IN question, but that it was sufficient
Tor the government TO prove that the property was
In It's possession at the time of the alleged breakiI
and entering
After beng out one hour the jury returned a YER
Dict OF guilty against both of the respondents
Counse TOR the respondents will file exceptions and
the Case Will go forward 10 the law court,
Hamilton a. Haley. donovan Il Ross.
FRANK M. Higgins, county attorney.
Callie A. Cohin, ibit., VS. Charles H. Coffin
Libel Tor divorce Cause, utter desertion continued
Ior three consecutive years prior to date OF the libel
Divorce decreed.
b. f. Oh adbourne for hbeant
Nicholas U brI"n, who pleaded not guilty in the
lower court August 8, 1884, to complaint tharg-
ing him with the keeping of intoxicating liquors
with IN sent 10 sell aud appealed TO This court re-
was sentenced to pay a nne of 500 and costs Fine
and COSTS paid
In the case Of State vs. Moses T. Smith OF DAYTON
fof arson, assigned fur today. owing the sickness
and the absence OF important with sses The govein
ment were unable to proceed The respondent in
sisted upon an immediate trial. and a Aoi pros was
entered In this case hearing was ma / in the
municipal court at Saco Nov. IL 1854, and the e.
spondent WAS then bound over TO the January term
OF The court AZ ga o. The case was tried at that
Term and the jury disagreed. Respondent dis
charged.
Hamilton Haley for respondent.
Frank M Higgins, county attorney.
George w. Lovewell. Gblt., vs.. Martha A. Love-
well. Libel TO- divorce. Cause, utter desertion.
ID yorce decreed.
Il. >. Moore for lbelant.
Nellie X. Knox, ltblt.. We. Charles R. Knox. Libel
for divorce. eau Q, utter desertion. Custody of
minor child decreed 10 hbelant.
y. G. HOBBS for hbeant.
Charies z. Du~Ls ct al, petr's for review vs.
Chester II. Graves ct al. Petition dismissed Nv
agreement. Settled.
W. Il. Lunt for petitioners.
John B. Donovan for deft