The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1889-10-01
FRANKLIN COUNTY s. ). COURT
BEFoRE JUDGE HASKELL.

HARRINGTON, September 81.
Euniee Webster VS.. John c. Tutte. A petition
under the statute TO summon the defendant TO
show cause why he should not be comyelIed TO
DPng an acs9n to try bis alleged title 70 certain
be compelled to bring such action because such
compusion is contrary to the bill of rights, which
provides that every citizen may freely speak,
being responsible for the abuse of this libertyS
and contendng that a decree should not be en-
tered against him. debarring him from bringing
such action hereafter, If he should see fit, upon
the ground that the statute making such provis
lon Is oppressive and unconstitutional, and fur
Their asserting that he believes that he has the
title TO the premises in question, and has the con-
sttntiona right TO say so, but denies the right Of
the legislature to. compel him TO bring an action
against his neighbor, or to authorize decree de-
priving him OF any interest he may have In the
premises, even II he does not see fit to assert the
same,
rhe court after hearing, ordered the action to
be brought, as prayed for. returnable at the next
term OF court.
:. c. Belcher. H. L. whitcomb.
Moses s. Parker ct ais. vs. Hiram Titcomb ct
ais. Bin in equity by certain residents and tax
payers OF School District No. %, in Pennington,
TO restrain the threatened assessment and cOllec-
ton of a tax to rebuild schoolhouse in that dis
trlct which had been destroyed by fire, because
the district had previously been abolished by a
vote OF the town, annexing that and certain other
districts to District No. 22x9, comprising the VII
LACE of West Pennington.
The application is resisted by the officers charg
zens, upon the ground, first: That the annual
meeting Of the Inhabitants of Pennington held
on April 21st, 1888, at which 1t was voted 10 con-
sodate the districts, twas not legally warned In
asmueh as the constable TO whom the warrant
was directed returned that he caused the required
notices 70 be posted instead of returning that he
personally posted them. Second, because the
vote annexing the districts was not sufficiently
specific and definite TO become operative. And
third, because if the town meeting voting to CON
solidate the districts was a legal meeting that
vote was reconsidered at subsequent meeting.
held In the following May, specially called for the
purpose, which meeting was legalized by a vote
Of the legislature of 1889.
The plaintiffs insisted that the vote Of the town
at tue annual meeting In April became effective,
and operated to consolidate the districts upon its
passage, and could not be reconsidered at sub
district, before that meeting, had voted to raise
thousand dollars to rebuild or repair the school
house for the consolidated district although the
that &c was beyond the power of the legislature
TO legalize the doings OF the town n resembling
the vote consolidating the districts.
The case was heard by the presiding Justice,
who withheld his decision. The temporary injunc-
ton granted in May last, restraining the assess
ment of tax of 5000 in district No. % to build
school house In that district was ordered to stand
until the case shall be finally decided.
d; Z: W " .tc for plaintiff J. e. Holman,
This case, which was tried early in the week.
came up on a motion to CHANGER the guardians
principal in the bond had been charged upon his
final account with the sum OF $1,000. Ii was
agreed that OF this sum Sl73S.93 had been ac-
counted for. After hearing, the presiding JUS
tice assessed the amount equitably and Justly due
with interest at $18l 1.94.
Is. 4. Pratt and S. c. Belcher. p A, Sawyer.
PENNINGTON, September 20.
The grand jury reported this morning, present.
ing Ia indictments Twelve were made public as
follows:
Joseph Dustin, liquor nuisance; Mary Dustin,
same; Clarence L. Eaton same; LYMAN p
Stratton, same; Joel Dunlap. same; Bates College,
nuisance "a building extending into the streep
Glover, forgery; Weston CLufkin, larceny
Augustus Brooks, larceny; Reuben +. Wilder
larceny; J. +. Fish, assault and battery.
Grover were arraigned and pleaded not guilty.
Lufkin pleaded guilty and was sentenced to pay
fine of S25 and costs which was paid.
state vs. Eugene A; Grover. The respondent
cry of a check of the Massachusetts National Bank
OF Oakland on the Revere National Bank of Bos
ton, dated July 80, 1889, signed by j, f. Harris
cashier, and endorsed by James W. Irving. The
applied at the post office for pen and ink and al
ter writing something at side desk tried to get
the check cashed at the cashiers window, and
failing there, tried at several other places claim
lng mat tne name upon the back was his own, and
giving conflicting accounts as to how it came into
his possession; the testimony of Irving denying
the endorsement and also the testimony of the
snerln TO whom the prisoner denied having the
cneck, or having seen Il, and to whom he finally
surrendered 1t, taking itfrom the stove partially
burned.
At the conclusion of the testimony for the gov
eTnment the court instructed the Jury that, as
Tue eViuence JAILED to show that the check had
been forged and the Indictment did not charge
the respondent with forging the endorsement, Ii
was their duty to return a verdict of NOT puilfv
which was done and the respondent was DIS.
f. Z. Undertake, county attorney.
ii. Il. Beedy and K. q. Grpenlaaf