The Somerset reporter. [volume] (Skowhegan, Me.) 1868-1909, 1888-03-29

March Rules \. -. ~; and questions
OF law having arisen. in the opinion Of
the Presiding Justice, Of sufficient mpor-
lance and doubt to Justify the same. and
the parties having agreed thereto he re-
ported the cause TO the Law Court for
decision, and thereupon, at the July Term
A. ID. lss1, held at Portland. III the County
Of Cumberland, for the Western District.
the cause came on for hearing and was
argued by counsel; and it was considered
by the court:
First: That the three several legacie>.
of Si0, 600 TO the Maine Insane Hospital
''the income only to be expended annual
". OF Sloo, 600 to the Maine State Col
lcgc of Agricultural and Mechanic Arts,
1.-THE same To be funded and the income
only to be expended annually;" of 5000.
900 to Colby University,s "Slj0000 of
which to be funded and the income only
to be expended annually" are absolute
and that payment of the same to the
| Gonccs will relieve the executors Of said
will from further liability in the premises
Second: That the donation Of s20D.-
600 to the American Baptist Home Mis-.
sion Society, and Of 500 to the Way
land Seminary, At Washington, District
Of Columbia. constitute "a valid legacy To
said Home Mission Society and should be
paid by the executors To- that corpora
ton.
Third That the legacy Of S3o.ooo 10
the trustees Of Bloomfield Academy i
valid, and should be paid by the cxecu-
tors to that corporation according 10 the
terms of the legacy
Fourth That the legacy Of $50 ooo To
to the Town of Skowhegan for the wor-
thy and unfortunate poor is valid, and
should be paid by the executors To the
legatee according to the terms Of the
legacy
And it was further -idercd by the
Court that decree accordingly should be
entered in the court below.
And thcrcupon that decision was cert
fed to the court, to wit: To the Clerk of
the Supreme Judicial Court, sitting in
equity, in the said County of Somerset,
And now, at this said March term thereof
it is ordered, adjudgcd and decreed, that
the true construction of said will Is a.
aforesaid and that said construction j.
declared to be the true intent and mean.
ing thereof.
Thmsdag All cises assigned for
that day, aud for Friday, and all assigned
for Saturday, with a single exception,
having been disposed of, the first Jury
was excused until Monday morning. and
the second jury until Saturday, at . \.
VI
The Grand Jury reported Friday morn
| ing. But three indictments were return
ed, all for violation of the liquor law
, c)mmon sellers and ! liquor nuisance
/ The Court thanked the Jurors for the
| faithful manner in which they had dis
| charged their duties and excused them
until next term.
iSoturday- Charles Rod crck, of Fair
field, was arraigncd upon indictments
! found against him at this term, as com
mon seller. bar keeping and drinking
house and tipping shop, and pleaded not
guilty in each case.
| Henry Sands Of Moscow, was arragned
upon an indictment found against him at
this term rs common seller, ana pleaded
not guilty.
James Davis who was committed in
January last on a charge of malicious
mischief, was discharged, no bill having
been found against him.
Charles B Seavey on an indictment
found against him at the March term,
1885, as common SELLER, was sentenced to
pay fine of 500 and costs or, in de-
fault of payment to sixty days in Jail
The Grand Jury also presented ccrtif
cate of insanity against Fred Perkins of
! Athens
Levi T.. Judkns vs.. Samuel Wood.
man The parties reside in Cornvile.
This was an action of trovcr by mort.
gagOr of real estate against the mortga-
gee for the conversion of Is cords of
wood and cord of manure. When the
mortgage was given the manure was up
on the premises. The plaintiff claimed
that it was not covered by the mortgage.
The mortgagor having remained in pos
session II year after giving the mortgage,
| then cut from the mortgagcd premises a
sufficient supply of wood for fuel for the
| following year. After the cutting, and
after most Of the wood had been brought
to the plaintiffs door, the mortgage en-
tered and took possession of the premis-
es, and of the property sued for which he
converted to his own Use claiming ii rs a
part of his mortgage security The
Court instructed the jury that the title to
the manure passed under the defendants
mortgage, but that, although the trees
from which the wood was produced pass
ed by the mortgage, yet if the plaintiff
lawfully severed them from the soil and
cut them into wood while he was permit
ted to remain in possession, il became his
property and he might recover from the
defendant; that if the plaintiff, being in
possession of the farm, in good faith,
and with reasonable prudence and iudg-
mcnt as n good husbandman. severed from
the soil sufficient growth for his year
supply of fuel. such act was not unlaw-
full conduct on his part, and thai the jury
might infer a license from the mortgagee
for him to do so, in which case the fuel
would become a chattel discharged from
the defendants mortgage, and the prop
crty of the plaintiff for the conversion of
tXh hp mil Il
dict for the plaintiff for SiSSj The
case was one of considerable interest be
cause of the questions involved.
Walton Walton. NJ. 4 Collin
Wondog-State vs.. Henry Sands. In |
dicled as "A common seller, The respon- /
dent retracted his plea of not guilty and |
pleaded guilty. Sentenced to ninety days
in the county jail
Edward + Danforth, County Attorney
S. j. Walton, for respondent.
State VS. Charles Roderick. Indicted
as common seller Verdict guilty. The
jury were out in this case only about
three minutes. Sentenced to pay fine
Of 500 and costs, and thirty days in jail,
This sentence to take effect when sentence
for keeping drinking house aud tipping
shop shall have been performed.
Edward +. Danforth County Attorney
S. J. Walton. for respondent.
State VS.. Same. Drinking house and
tfppling shop. The respondent retracted
his plea of not guilty, and pleaded guilty.
Sentenced to pay fine of 500 and costs
md sixty days in Jail.
Edward +. Danforth, County Attorney.
State VS., Same. Convicted at last term
tor single sale. Sentenced to pay fine
11 500 and costs amounting to $50. Fine ,
mi costs paid.
Edward F. Danforth, County Attorney, +
a repeal case against the same respon- !
lent was not pressed for want of evil
lence.
The first jury was excused until Wed
iesday morning.
Tuesdap-Robert Henderson, libelant G
:. Mary Henderson. Libel for divorce, y
ause, desertion. Continued for further
ervice. \
c. A. Harrington, for libellant. q
Nellie Brann, libellant, ". Lewis b d
'rann. Divorce decreed nisi for the
ause of adultery. Custody of minor
hlldren decreed to mother.
s. Brown for libellant
Merrill & Collin for libellee.
Fred Perkins, against whom the Grand L
nry returned a certificate Of insanity, c.
'as brought into court this morning He al
ppeared quiet and harmless, and the u
curt ordered his discharge IT.,
Wednesday, Gordon VS.. Robert A.
avis. This was an action of trespass ii
herein the plaintiff claims to recover pc
amages for an arrest alleged to have I.
cen made by the defendant assuming to -,
It as State detective. The plaintiff is y
'e daughter of Benjamin S. Gordon and ~,
sides with her parents in Starks, ard is cr
, invalid plaintiff Int r,l,,,..I