The Portland daily press., 1886-01-26
SUPERIOR COURT.
BEFORE JUDGE BoNNEY.

MoNDAY-State VS.. Israel Leayitt Indicted
at this term for the crime OF perjury IL teStdyhg
falsely under oath in the Supreme JUDICIAL Court
at the October term in trial where nc was tile
plaintiff. . -. -
The facts claimed BY the g psfrInt re
Harpswen voted to build q new schooinouSe. A
lot was selected upon land belonging TO Israel
Leayitt and the district took the necessary legal
stems as they supposed to locate and obtain the
title to the lot and through IT'S committee pro
ceeded to build schoolhouse which cost abqq l
counsel claimed that the notice given by the
seleetnen in some of their proceedings was not
SUFFICIENT and that their action in locating or con-
demning the lot was void And therefore Leayitt
brought two suits one In the Superior Court for
trespass, against the building committee, and the
other a writ of entry in the Supreme Judicial
Court to recover possession of the lot. The action
of trespass was reported to the Law Court and
decided in favor of Leayitt on the ground that the
action of the district in locating the lot was in
certain particulars Illegal.
The writ of entry in the Supreme Court was
continued from term to term until last October,
when the defendants filed plea that there had
been subsequent location and reappraisal under
chapter IL, sections 80 and go, Revised Statutes,
and that the amount of the reappraisal, $40 In
gold had been teHdered to Leavitt; and the de-
PENDANTS claimed that was bar to the further
maintenance Of the suit. Leavitt claimed that no
such tender was made and it was upon that issue
that the hearing was had before Judge Walton,
in which it is claimed that Leavitt committed per-
jury In that. hearing Woodbury. ); Purrlnt to-,
stable of the Union House, where Leayitt was,
for the purpose of rendering him S76, the amount
of the reappraisal; that he had the amount in
American gold for that purpose; that he there
said 9Leavitt, are you ready to take the amount
that the selectmen have awarded you at the re-
appraisal of the schoohouse lot?" LeavItt said
mo" Purrinton, with the gold in his hand, said:
"Leavitt, tender you S75 in behalf of the dis
trIct the amount that the selectmen awarded you
at the reapprasal of the schoolhouse lott will you
take the same?" Leayitt replied, PUT it in your
pocket; that he (PurrintOn) then told him ne
should deposit it with the town treasurer.
LeaYitt, the defendant, testified that when Pur-
rnton entered the stable he grabbed barrel OF
ashes which he was after and rushed out Of the
stable by another door; that he did not hear any
thing said about tender, saw no money or goiu;
and that he did not make the statements testlneQ
to by Purrinton. 1t is for these statements that
he is Indicted and is on trial.
This afternoon the government opened lne case
to the Jury and called A. A. bennett the clerk OF
Courts who produced the original papers In the
real Faction; j. d. Pulsfer, the official stem
ographer at the October term of the court, who
read from his notes the testimony of Leayitt at
that hearing; Woodbury. S. Purrinton, Levi East
man and James Jewell who were in the stable
when the alleged tender was made, and who tes-
tilted in accordance with the statement of Pur-
rinton's testimony given above. The government
also called Abncr j. Harris, who testified that
Leayitt subsequently, about week after, told
him that the money in gold had been rendered
him. but he did not take it,
At this point the government rested and court
adjourned until Tuesday morRing at 10 O'Clock.
George M. Soldiers for State.
John j. Perry and d. A. Meaher for deft.