The Somerset reporter., 1889-09-26
Somerset 8. J. Court.
SEPTEMBER TERN, 1889.

SEPTEMBER TERM, 1889.
WALTON j. PRESIDING,
L. Il. Webb, Clerk.
Il. +. Danforth, County Attorney.
Albert II. Small, Stcnographer,
Zenas Vaughan, Sheriff.
John II, Mitchell, d. A. Sawyer, C. II.
Jones, R,S. Williams, Lyman Grant, +.
p, Pennell, Joseph Atkinson, deputies.
Fred II. Webb, Messenger.
Friday, Sept 20, the grand jury report
ed, and found indictments against the
following persons Joseph and Paul Gero,
burglary; William Howard, burglary
Stoneman Kershner, burglary; Foster
Nelson, burglary; Franklin White, bur
glAry; Micah W. Norton, two indict-
ments, common seller and nuisance; Geo,
Barley, three Indictments. nuisance,
common seller, and keeping tipping
shop.
Saturday, Joseph and Paul Gero were
each sentenced to two years in State
prison.
Monday. William Howard was ar
raigned and plead guilty, and was SEN
fenced to pay fine of 800 and costs
Micah W. Norton plead guilty to both In
dictments found against him, and was
sentenced TO pay fine of S640.
Franklin White, indicted for stealing d
quantity Of pork, plead not guilty.
The case Of Nellie E. williams v. Gil.
man Whitehouse ct al, which was to BE-
tried last Friday, and which promised To
be very interesting trial, Unexpected,
fell to pieces. 1t was an action 10 which
the pill. sued 1.-THE defendants, two young
men, for disobeying the laws Of the road
by driving on the left hand side instead
OF the right. The plff. was on the stage
running between here and North Arson
and the defendants were coming 10 the
opposite direction in a carriage, when 9
collision took place In which the plr. was
thrown to the ground and seriously In
1ured. II was dark and the plfi alleged
that the defendants were on the extreme
left of the road. The statute, In all sucf
cases, requires that an action shall bt
brought within one year from the date OF
the injury, but upon the case being
opened and the writ being read, 1t wa.
found that nearly a year and q half hat
elapsed.
| The defendants counsel soon discover
ed this, and raised the point, whereupoI
plfFs. counsel, not daring to proceed will
the case as 1t then stood, asked leave t.
amend the writ by inserting the wor,
''negligently", which would make of 1t
different action, and allow 1t to b,
brought within six years from date O
the injury. The court refused to ALLOW
the writ to be amended, and thereupol
the plf's. counsel finally agreed that tn
case should be dropped.
Tuesday, Sept. 24.-State Us. FRANKLIN
White.
In this case, 1t seems that the respon
dent, in company with another fellow b.
name of Nichols. was going home lat
one night, after having drank quite free
ly of the cup that cheers, and that one
both OF them, urged on by an empt
stomach, entered the cellar OF one DAME
Foss, of st. Adams, whose family wa
away at the time, and took therefrom 81
or 70 pounds of pork. Nichols, who ter
titled In behalf Of the state, seemed to b.
very positive that 1t was the respondent
Franklin White, who entered the celia
and took the pork, while he remained II
the road, and MIR. White was equally con
WINGED that 1t was Nichols who took tn,
pork while he remained In the road.
The respondent. during the last part o
his examination, completely broke down
and with great burst of feeling, sale
that he threw himself on the mercy of tn,
court, and that they might do with hin
az they saw fit.
The jury after short absence came t.
the conclusion that he didn't take tn,
pork.
Danforth for the State.
Walton and Walton for the respondent
State vs.. Foster Nelson.
| In this case, the respondent, who live
In Clinton, was indicted for stealing thlr
ty odd dollars of Hepsy W. Lewis, from
her sisters store In Canaan village, OF
the night of the twelfth day of last June
| The money was In small satchel, whic
laid on table near the window In tn
back room Of the shop. l. appears tina
the respondent. together with his sweet
heart, drove into Canaan village on tn
evening OF the twelfth, to attend q meet
Ing of the salvation army. He hitche,
his horse In front of store, and then es
corted his young lady to the meeting, blu
did not go In himself. One witness testi
fled to seeing him In close proximity h
the back window of this shop from whicl
the money was stolen. Others testife,
to seeing him at different places In the vii
lage during the evening. On the twelftl
of June, the date of the robbery, the re
spondent had no money. A day or tw,
afterward he paid several debts with bill
| Of the same denomination a. the stole
money. He claimed that he procure,
this money from his father and from
other persons who owed it to him.
When Sheriff Vaughan went to ares
him, he skipped out the back door an,
made tracks for cedar swamp. He va
afterwards found Ia the swamp by saer
1T Jones and arrested.
The jury were out but very short tim,
and returned q verdict of not guilty
Upon the announcement Of the verdic
the prisoner arose. and with smile ant
bow thanked the jury for their kindness
Danforth for the State.
Walton and Walton for the respondent
The case W. W. Pease VS.. Kennebe,
Log Driving Co. was entered neither