The Somerset reporter., 1889-10-03
Somerset 8. J. Court.

Somerset 8. J. Court.
SEPTEMBER TERM, 1889.
WALTON J. PRESIDING.
L. II. Webb, Clerk.
+. f. Danforth, County Attorney.
Albert H. Small, Stenographer,
Zenas Vaughan, Sheriff.
John II, Mitchell, B. A. Sawyer, C. II.
Jones, X. S. Williams, Lyman Grant, F.
P. Pennell, Joseph Atkinson, deputies.
Fred H. Webb, Messenger.
Wednesddy-Stephen d. Greenleaf vs..
Bryce N. Hight. Admr.
This was an action against the admin
istrator of Weston b. Nutter. Mr. Nu:-
ter died In October, sc. Mr. Greenleaf
says that he left with Mr. Nutter, within
year or two of his death, onions and
pickles, on sale, of the value of S2O4. 90;
and that, at the time of his death, Mr.
Nutter owed him balance Of 8l66.2l.
The administrator defends on the ground
that the claim Is fraudulent The jury re-
turned verdict for the plf. of SlO2 20.
Parlin and Willard for plff
Merrill and Coffin for deft.
1hursddy.-State vs.. Freeman Butler.
This was an appeal case from trial
justice. The respondent was charged
with selling one Frank Hurry, fellow
travelling with Mains circus, a bottle OF
whiskey, out behind the circus tent, In
Pittsheld, on the 18th of Sept last Hurry,
the only witness for the state testified
hot nrt to- h., 49,
for 81. Butler denied this story 10 every
particular and said that he never saw Hur-
ly until he saw him in court he also stat
ed upon cross examination that he never
used any of the fiery fluid. The jury
very shortly came to the conclusion that
he was mistaken, and that he not only
did indulge himself, occasionally, but also
sold the liquor charged In the complaint
Danforth for State.
Bradbury and s. j. Walton for delft.
State v. Freeman Moody.
This was also an appeal case, In which
the respondent was charged with selling
the same Frank Hurry and several other
circus boys, bottle of whiskey, through
freeman Butler as an agent, at the same
time and place as In the previous case.
Verdict guilty.
Danforth for State.
Bradbury and S. j. Walton for respon-
dent
State VS.. David Longley.
This case furnishes an example of the
danger attending the use of cider as a
beverage, The defendant Is a young man
of good appearance aud modest deport-
ment; but having drank too much old CT
der, he became noisy and quarrelsome,
and In defiance Of the warning of red
flag, entered house infected with scarlet
fever (which house had been quarantined
by the health officers of the town Of An
son. and disturbed the peace Of the fam
lily to such an extent that 1t became nee
essary to have him arrested; and on the
first day of this term he came into court
and pleaded guilty to complaint for in
toxication, and was sentenced to pay
dne and costs amounting to 81. 70, and ad-
monished by the court not to be again
guilty of like offense.
Friday.-Samuel L. Fowler v. Warren
futile.
This Is an action against Warren Tut
tie to recover the value of four granite
posts. The defendant wishing to have
four stone posts and curbing put around
his cemetery lot, hired Eleazer Clark, a
stone cutter, to perform the work. Mr.
Clark, not having time to cut the posts
aa he wished to leave the State for
short time, went to the plff and procured
of him four granite posts, valued at $40
with the agreement, that the next spring
four similar posts should be returned to
the pltf., or their value In money. The
plf claimed that Mr.. Clark made this ar
rangement as the agent Of Warren futile
The defendent claimed that Mr.. Clark
made the arrangement on his own author
ity, and that he, the defendant, had
nothing to do with 1t. The pf. said that
soon after the agreement was made he
went over to see Mr.. futile, and that the
agreement was by him ratified. The de-
PENDANT denied this and said that the plfr
had been to his place and requested that
he shonld retain $50 from Clark's wages,
when . settlement was made, In order
that he, the plf., might not loose his DAY
for the posts
The judge instructed the jury that If
they found Clark was acting as Tuttle's
agent, the plfI. could recover the value of
the posts with interest from the date Of
the writ; but If they found that he : ted
on his own authority In the transaction,
the plf. could not recover. The Jury re-
turned verdict for the pltf of s42. 80.
Walton and Walton for plff.
Merrill and Coffin for deft.
Saturday Butler Freeman
Moody, who were convicted of peddling
whiskey on the circus grounds at Pitts
field, were each sentenced to pay a fine of
$40, or to sixty days in the county Jail.
Merrill and Coffin vs.. Holbrook.
This Is an action against the defendant
to recover the sum of 5000. 1t seems
that A. S. C. Hall, among other debts,
owed the plfs. 1926 for attorney fees
becoming financially embarrassed, he gave
three bonds, the deft's name appearing
upon each as one of the sureties. When
the bonds expired, Mr.. Hall being unable
to fulfil their obligations, the sureties
were holden. Mr.. Hall had a claim
against q man living in Mass. by the
name Of Sanders, which had never been
collected; this claim he assigned TO Mer-
rill 3 Coffin. The plfs., as they claim,
told Mr.. Holbrook In their office that ii
he would go TO Mass. and get a settle
ment Of this claim, that after paying them
$780, which they agreed to call their bill
against Hall, he might have the balance
to go on the bonds; and, furthermore,
that they would only charge six per cent
interest on the bonds, instead of the
twenty per cent. which the law allowed
them. The def. denied that the plffs. tolC
him that they had an assignment OF
Halls claim. He went to Mass. and got
q settlement Of the claim for one thous
and dollars, and then refused to pay the
plfis. anything. The judge instructed the
jury that II the pltfs. told the deft. at the
time of his going to Mass, that they hat
plffs. could recover; IL they did not tel
the deft. Of this, they could not recover
The jury very shortly returned q verdic
for plffs. of 42l7.67.
Walton & Walton for plffs.
Danforth & Gould for deft.
The Judge excused one jury from fur
Their attendance this term.
Nonday.-Jsmes Wright VS. Warrel
Worthley.
In this case, James Wright, the plfr.
had note of 900 which was assigned +
him by Loantha ]. Parkman, agains
Warren Worthley. The pin. sued tn
deft. 10 recover this amount. Worthle,
set up as defense, . discharge from In
solvency. Tho pl6., BY way Of replica
ton, alleged fraud In the Insolvency pro
ceedings.
Stillman B. futile, called by the deft.
was the only witness who testified In tn,
case. After the evidence was closed, tn,
parties agreed that the case should 20 III
to the law court on report, and be argued
In writing.
Tav,no piuhk NM