Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1888-03-15
CIVIL DOCKET.
Judge Peters Listens to the Arguments
In the Shaw Cases.
A Splendid Array OF Legal Talent,
Lawyers OF Prominence Appearing.
R,Scnp March IA

BANGOR, March IA.
There was little gathering of lawyers in
the Supreme Judicial Court room this morn
ing to hear the arguments in the now famous
Shaw cases. The situation is about Is fol-
lows. The Casco National Bank has suits
against the Shaw estate and wants a settle
nent. Ahead of them, however, are a large
number of other attachments amounting to
over $50, 900 in which both sides are con-
trolled by Mt. Clement, the Trustee for the
Shaw estate on the docket without action and
keeps the bank from obtaining a Judgment.
The latter, through its counsel, Hon. VIM.
l.. Putnam, of Portland, and Gen. Henry L..
Mitchell, of this city, makes motion to have
these cases pushed ahead and of the docket
So that it can get a settlement and this was
/ the object of the hearing this morning.
The first case presented TO the court as re-
naming on the docket was that of Wheel
wright ct al VS. Shaw et al VS. the same mo-
/ ton was filed in each case. Hon. w. l..
| Putnam addressed the court and read the
motion filed by the Casco National Bank ami
/ then said that there were some eighteen suits
having attachments ranging from sl20 to
| $500 which have been pending since Octo-
Der 1888 and upon which no action has been
taken. To-Day, as a matter of fact both sides
of those suits are controlled by
Mr.. Charles w. Clement the as
signee of F. Shaw & Brothers. The
total claims in those suits amount to S26,
454.71. Then comes the suit of John 5.
Fogg and others amounting to $4,000 and
upwards and that of MIR. Spring amounting
To $500 900, which ia now pending in Port
land and which the Casco Bank asks leave to
J I. Al. Al.
bank also asks leave to come in and defend.
The suit of the Casco National Bank for
some 81 100, comes next and upon this they
have seized real estate. Other 5 Tits of the
Casco National Bank for $4,000, S2j 900,
and other large sums also follow Now the
Casco National Bank might sell and take its
chances of the suits being declared worth
less. But these other cases block the whole
proceeding. If the court makes an order for
these cases to be ready for trial at the April
term or a non sult will be entered, then the
whole matter will be brought ro speedy
settlement. Mr. Putnam cited the various
authorities showing the power of court over
its docket.
Chas. =. Stetson, Esq, appeared as coun-
sci for Air. Clement. The bank entered into
an agreement with Mr. Wyman, the former
assignee of this estate, in which they agreed
to take IA certain per centum of their claims
and settle the matter. 1t was to be paid in
four installments and two of these were paid.
The other two have not and are not forfeited
AS per agreement. Now if time is given him
and not a great length of time either he will
work this case out. These suits on which
they ask to proceed to Judgment were orig
nally brought by these % different parties
and attachments made. Mr.. Wyman came
down here and settled these suits by per
centum and took an assignment of them.
These suits aud attachments are now held to
protect the Shaw estate. The Shaws made
their assignment before any of these attach
ments were made. Now | submit that the
court at this period should not exercise its
discretion and dismiss these cases for two
reasons, because it will greatly hinder the
settlement of the case and because the great
question of the validity of this assignment is
not yet settled.
The Chief Just ce suggested that time
be set the next January term for instance,
when the affair might be settled. He
thought the parties might be able to fix the
matter between themselves. Hon. A. w.
Paine, counsel for Mr.. Clement, objected
strongly to this arrangement The Chief
Justice thought the April term of next year
ought to be satisfactory, and Mr.. Putnam
said it would be to him but Mr.. Paine re-
fused to entertain this for a moment.
A long discussion followed between the
Chief Justice and Mr.. Paine, which finally
resulted in liking the April term 1889.