Evening journal., 1889-05-25
LAST EDITION
READY FOR THE LICENSES
A NEW TRIAL GRANTED IN THE
BROOKS FOSTER CASE.

Liquor Licenses to be Taken Up in Court
Monday Morning-Odds and Ends of
Gases Disposed of.
The Superior Court reconvened tins
morning to hear various rules ana mo
tions and to settle up the odds and enas
of numerous pending cases.
Thomas Davis, Esq, asked Tor RUE
to show cause why the caplas on Whlch
Luther A. Cloud was held Ior court,
should not be dismissed. rms Is the
Highlands chicken case. Luther A.
Cloud accused Benjamin L. Johnson, both
residents of the Highlands. OF stealing
chickens from him. The case was brought
before Justice Frank E. Smith, who dis
missed the case johnson then had
Cloud arrested on capias for defamation
of character, ard the bail for his appear
ance at the trial was put at 81, 900. After
argument by Mr.. Davis and Charles B.
Lore, Esq, who represented Johnson the
court refused to dismiss the capias, but
reduced the bail to $1,000.
The court handed down a decision in
the King Dolbow will case, dismissing
the appeal and affirming the decision OF
the register Of wills. The ruling of the
register dismissed the will Of 1875 and
admitted to probate that of 1880, by
which the property was left in trust.
The motion for a new trial in the
Brooks Foster case was argued by City
Solicitor Turner and Lewis c. Vande.
grift, Esq Judge Houston delivered the
decision of the court setting aside the
verdict and granting the application for
new trial The reasons given were that
the verdict was against the weight OF
evidence and charge of the court
Application was made by Senator Gray
for rule to set aside a sheriff's sale
The property sold was the property of B,
+. Gould, situated about a half mile
from Hares Corner. The farm contains
about 312 acres and sold for $4,000. Il
is assessed for $21 500 and Georg'
w. Morrison, Richard jackson anC
Thomas Holcomb testified that the farm
was worth $40, 000 Senator Gray repre-
sented the widow of Mr.. Gould, the lat,
owner, and Charles M. Curtis the mort
gagors. Mr.. Curtis witnesses wer
George R. Townsend, Philip R. Clarl
and Henry L. Brooks. They testife,
that the property was worth about wha
il was sold for by the sheriff. The cour
reserved its decision.
Applications for a rule to set aside tn
sheriffs sale of the Excelsior Brewer
property was made by Willard Salisbury
Jr., Esq. The sale was made on Apri
II. for $40, 200, subject to the mortgag
of $4,000. It was sold under a secon
mortgage, subject to the first. IL wa
claimed that the property was sold 70
much less than it was worth. The cas-
is complicated. There are three propertie
that belong to the brewing company. O.
one are several mechanic S liens and secon
mortgages. The $12, 900 mortgage cover
all three and the question, beyond tina
of setting aside the sale, is the right t
sell all three properties when the fort
closure was on one, and the proper al
portionment of the first mortgage 0
each piece Of property.
The witnesses were Sheriff Alva
Allen. Theodore Rogers, president of th
Brewing Company; B. Frank TOWNSEND
the secretary and treasurer of the con
pany. who testified that it was wort
$4,000.
Mr.. Salisbury stated that the troub
was caused by the number of lawyers
the sale. The witness thought abol
half the members of the bar were pre-
ent and they held consultations amor
themselves.
The application to act aside the sa
was granted
At o'clock court adjourned until
o'clock on Monday morning, when Il
hearing of applications for liquor licens
will be taken up.