The Republican journal., 1888-04-26
supreme Judicial Court.
JUp hi. EMERY PRESIDING.

The Grand jury reported April lSh having
found six indictments as follows:
William &. Cox, Belfast, for keeping a drinking
house and tipllng shop, common seller, and for
single sale.
Edgar G. Marlen, Palermo compound larceny.
James Randall. tramp.
Charles +. llagar, Camlridgeport, Mas, for oh
tanning money under false pretenses.
The Court adjourned over Fast bay. Friday
morning the traverse jurors, whose names were
publishediast week, reported. RIG. Campbell, % f
Winterport. and +. Willard Pratt, of Belfast were
excused on account of Illness John Dyer Of
Brrnham, was elected foreman of the first jury,
and Marlboro Packard, of Searsport, foreman OF
the second jury
Before beginning work Judge Emery addressed
the iuries concerning their duties. He said he was
led to do this as the last time he held Court here
in important verdict came near being set aside on
account of remarks made by iurymon during the
process OF the trial. The dutie. of julymcn are
almost sacred. They are to administer Justice.
All disputes arise from one of two things. Either
parties are mistaken rs to the law, or as to the
facts Tribunals are instituted to settle these diff
ferences. 1t is the duty of the Court to settle the
law and the jury to settle the facts. No iuryman
case outside the court room. They are not to dis
cuss the among themselves or to listen TO a
discussion By others. They must not be too know
Ing In the jury room. One of the most miscEiey Us
men is the know -it-all'' man. Jurymen must he
conciliatory and yielding.
Edgar G.. Nlarlcn, for compound larceny, Chas-
T. Hagar, for obtaining money under false pre-
lenses, and James Randall, tramp, were arrasncd
Friday morning Mardcn and IIasar pleaded
guilty, but Randall pleaded not guilty
Judge Emery sentenced young Mar,len to the Re
form school at Cape Elizabeth during his minority.
If the school refuses to receive him he is sentenced
to the state prison for three years, Maalen ;
crime consisted of breaking and entering a store
in Palermo.
ilagar was sentenced to pay a fine of sl5a.
The first case TO come to trial was
Eliza Edna Overlook, complainant vs. Melvin
X. Hill. Parties live in South Liberty twas a
of bastaIdy, to fix the paternity OF a child.
| The complainant is Il widow who gave birth to !,
male child last October, and who said that the de
PENDANT was the father The ,ieft is young mar
ried man, the son-in-law IF Mr., +. $ WhtehotSc
a trader at South Liberty Mrs. Overlook lived in
tenement over Mr.. Warehouses; store, and on
occasions was trusted with the keys Of the store.
| Deft. frequently tended the store and all were
| upon friendly terms. Mrs Overlook traded
with Mr. Whitehousc and receiving a state pen
sion always turned it in to pay her bills. She had
to 90 to Liberty village TO get her pension, and on
the 9Th OF January 1851, she drove TO Liberty in
puns accompanied by Mr.. Hill, the deft. 1t was
on this trip that the alleged crime was commit
ted. The defence was general denia! and alleged
biackmail. Mr.. Whtehouse testified th:t when the
complainant was dunned for her bill she ihrcate ned
to make it expensive for his family hence this com
plant. The pin. had her child in court, bright
| looking babe OF six months, who kept remarkabl
quiet throughout the trial. The details of the ease
are not fit for publication The ease was given IL
the jury saturday noon, and in a short time they
| returned verdict of not guilty. Bliss and Pierce
for pin. staples for deft
The was reported by Rucl T.. Smith, OF
Bangor Miss Edith Sawyer, of Wiscasset, is the
regular Court reporter.
Ellen Fletcher VS.. David II. Heal. The parties
are sister and brother, of Lincolnylle The action
Is to recover the sum of 500 alleged to be due the
pin for boarding her mother Six years ago the
deft took his mother to maintain, she giving hin
her property and taking bond for her main
tcnance. There was considerable Indebtedness or
the place, which the def. has paid. Since family
trouble has ensued, and the pin. wanted her moth
er to live with her and def. was to pay her board
| This vas in November 1856 The mother refused
| to go, but In Feb. 1887 did 90 to live with hel
| daughter. The tleft says the bargain of Noyem
| Der thrown up and his mother went to his
sister on visit However the next fall the deft
wanted settlement with the heirs and agreed to
| take $500 for what he had done and rcnqush tho
place, or he would pay $1,000 and take clean
title The latter proposition was accepted and the
money paid. The pf. now to recover hei
mothers board at 81 80 per week from Feb l, 1885,
to Oct %, 1887. The def. says he does not as
everything was taken into the settlement when he
| bought out the heirs. Verdict for def. Thomp
son Dunton for plf Montgomery for deft.
Prince Bessy, Thorndikc, VS.. Otis Meader, Al
bion. Action to recover on promissory note
Sept. :, 1875 the plf loaned deft $40. taking hi'
note. short time before the note would have
been outlawed Mr.. Meader's mother made pay
ment of three dollars, which was endorsed on the
back. The defence was the statute of limitation
and that Mrs. Meader was not the agent of Mr.
Meader and the endorsement would not hold
Verdict for plf. In the sum OF $26l.76. Libby
Thompson & Dunton for pin webb for def.
J. W. PendletOn LincOlnville, VS.. Inhabitants o
Northport. An action to recover the value of ;
horse. The plff. was the stage driver between
Belfast and Camden. April 30 1887, there was
great rain storm and freshet. The stage team wa
driven by plf's. son. On the downward trip in thu
afternoon the driver got his horses into bad place
In the highway three fOurths of mile westerly 0
Saturday Cove. stream had quilted out the high
way, the culvert being clogged up. The horse
got into the water, from the effects of which ON
died. 1t was in evidence that the driver passe'
over in the morning and knew the condition of tn
cuvert, and he was also warned of its dangerou
condition in the afternoon: The driver notlhe
Mr. Wight, the surveyor, of the condition of tn
cuvert. When tho plf. rested his case the defenc
; moved a non suit. claiming that the town did no
have twenty four hours actual notice of the cond
ton. The pld. contested that the culvert was to-
small to carry of the water and was consequent
a defect In law. The case was finally taken frol
the jury and goes to the law court, TO decide whetf
er not the pin. can maintain an action on tn
: testimony presented. Montgomery for plf Thoml
son Il DnntOn for defts. The jury made a mistak
a. III Gasunf W All ns.a ~ e r ue w