Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1889-10-15

Ocrnnrn TrnN. 1850.
nn,Nn Irnr.


Henry &. ilarkcr, bethel.
Ephraim child. Canton.
benjamin =. Lancaster, Dixheld.
Edward 4. Weston. fryeburg.
q. q. Fletcher, Hartford.
Leland L.. kimhall, Hiram.
stephen u. Poster. Ncwry.
!. Elden Hall. Norway.
George y. Washburn, Oxford.
Ahnsr Henson. Paris.
Alvin q. stanley. Porter.
William =. fspum, l,umfori.
Hilton Mc.lllistcr. stoncham.
Samuel I. Crockett. sumner.
william II. Pearson, Woodstock.
TRIVrRsE JURORS.
Brinslcy l.. Akers, Andoyer.
T.. II. shaw. Bethel.
VIM. T.. Farwcli, bethel.
bradford Cole, Drowuheld.
James N. Young, Buckfield.
Wallace ". Rose, Canton.
Almon y. ringree, Denmark.
Newton :. Stowrll, DlNheld.
Gsslus ". rikc. fryeburg.
Jacob \. Curtis. Greenwood.
solomon n. CANNON, Hartford.
Prank Packard. Hebron.
". a.. Grcne, Hiram.
Wilson u. brown, Lowell.
Horace Hutchinson, Mason.
Herbert I. Holt. Norway.
II. :. Sanborn. Norway, Foreman.
Nlhert William, oxford.
Harrison rrrar. Paris.
George ". cole. Jr., raris.
George -. llussey, Peru.
No rvtufn). lloxbury.
james =. lIutchln.. Rumfoui.
John n. SeaVry, STOW.
Oscar a.. Chandler, sumner.
John y. nroWu. Upton.
addison Millctt. Waterford.
Ias. l.. Bowker, Woodstock, Foreman.
The October term ~ the supreme Iu-
dicial Court "wiihin and Tor the County
81 oxford. Was Opened AZ faris AZ ten
o'clock Tuesday morning. Ia accoui-
anc- with q statutory provision, the clerk
announced that In the ahsenc, ~ the
prrsiiing jusiice, ON account ~ the "a.
neral ~ :. y. Gihson. Esq.. 10 bethel,
which many q the bar attended, the
court would adjourn until Wednesday
morning AZ nlnr o'clock. Tho cTier then
adioupcl the court.
"Wednesday morning court Was opened
wiih those fofmaliilcs many II which
have come down g. Va from time lmme-
morial.
judge Poster. charge Co. the grand
Jar, sas very impressive, and was de-
sign~i o. awaken In the Jurors = due
apprvctaiion ~ the dignity aud Import
anCe - their position. aud n The gravity
and true NATURE ~ thrir duties. The
ludg, stated that b. had little sympathy
with thr tendency ~ the prv.ent az
O. r-.pe,t 40 little, u no, a. disrv.pcCi,
ih- past. The civilization ~ the prc.sni
i. hasei uIon tic experience ~ the past.
Nni The grand Jury l. one ~ iho.e ven.
cradle monuments - ancirut Weldon
which lls cumr down Ca us anil All tie
revolutions through which societies aud
governments haNr passed. History tracc.
10 hack more than q thousand years. II
L.. ani IL has t--'n 80 regarded, the safe
guhri ~ private hghts, and the lnil..
g~n.ahle auxiliary ~ puhlr iuiticr.
The mrihod ~ organizing u Was dc
.crilsi a. early as The laws ~ Ming
Ethelrr,i. Que II the rafly ~aNon klngs.
AFTER Instructions ~ a. their duties.
Afi' NNNN " NhNNAIfN AAA Att'rf VI VIZ
n. 'hapnin II lowell foreman. Ihi'
uas announced to the court, and they
began taking evidence.
The Traverse Jurors were then sworn
anil zach panel chose a foreman.
The clerk then call. the docket aud the
trial LIT was made up.
The nrsi cass tried was an sctlon for
trvspass. in cutting % q supply pip.
furnishing water Ia tho faris llouse AZ
south Paris. The action va. brought
hy l.. ". Jackson, proprietor ~ the
lari. House AZ The time the pipe was cut,
against Summer T.. Tucker, an cmploys
~ The Grand Trunk Railway. Council,
Swassy Tor paintin aud \. \. >truul
Tor defendant.
The Grand Trunk Railway has fur
nearly forty years drawn water for the
| round house etc. al south Paris. fruul
a reservoir situated on a hillside Wr.t II
thu nilruad track. through tvo-lncl
iron PIPE. Mr. jackson had supplied hi.
hou.r with water through onc-hali
Inch lead pipe connected With thi. irOu
pile. III. was cat tWic- Ia the fall oi
| iSsi. aud again Ia the spring ~ lS>G. by
| the authority ~ The Grand Trunk Rail.
| way. and thus Mr.. jackson Nas deprived
81 hl. supply 81 water. An action oi
trr.psss sas accordingly brought.
Plaintiff claims,l that the Grand Trunk
Railway never had any right a. the water
excerpt 40 much a. Nas nc,c.sary for sia.
tiOn purposes. and that b. had a right
O. that coming through the half-lncl
| pipe bc,aus" ~ the uninterrupted -nioy-
msnt II Il for more than twenty yrars.
Therefore the act II the railroad through
Que II IT, empioyc. MAS uniustihahlc.
Defendant. 90 rather the railroad com
pany. Who authorized the act, clalnci
that th-y had a lawful title to all the
water coming through the two-lnch
pipe; they had never granted Ca an
other the right Ia ANY portion ~ Il eN.
ccpt upon condition that they might
revoke the licrnse AZ pleasure; and there
fore plaintiff had no right Ia the water
whatever, when the railroad should a..
flt O. revoke the licrnse. The railroad
company .ucc"~iel In proving that they
owned the reservoir, the right 10 build
aDd forever maintain an aqueduct acros.
| the land between the reservoir and the
station, aud the land AZ the station on
| which connection Was made between the
two pipe; also that Mr.. llersry, Who
| hr-i obtained from the railroad the right
Ca attach the half-lnch pipe aud use the
water for hi restaurant, WAS allowed
such Use upon sufeancr alone. Mr..
Porter. Who extended the pipe across
the street Ia It. present terminus, Was
granted a license subject Ia similar
| revocation.
\. there was no question ~ fact for
the consideration ~ the jury, Il was left
for the Court Ia decide the question III
law whether the plaintiff had any right
o. the usc ~ the water either by pre-
scription or by license. AFTER reviewing
The case. the Judge Instructed the jury
to rrturn verdict for the defendant
without leaving their seats.
Mr.. swasey aud Mr.. strout, the c0un-
.el upon thi. ease. arc men widely known,
Of Acknowledged ability, aud shrcwd In
the management of eases. Though this
ease WAS not Que that drew out their
full powers. Vet Il was interesting Ia
watch the Intellectual wrestling match,
II one may 80 speak, Of two such men
pitted against each other, each watching
Ia sec that the other got no advantage,
and ready to take any given.
Mr.. 4. .. small. wife 81 &. y. Small
Of stoneham. obtained divorce on the
ground Of cruelty induced aud agra
waited by drunkenness.
Friday morning the traverse Iuries
War. di.nf...a.l until Mondax rnornin,