The Somerset reporter., 1890-12-25
Somerset S. j. Court.
DECEMBER TERM, 1890.

DECEMBER TERM, 1890.
WnIrEHoUsE ]. Presiding.
n. W. BRAiNgRD, Clerk.
+. f. DAsfoRIH, County Attorney.
STANLEY ]. Estes, stenographer.
Zenas Vaughan, Sheriff.
b. A. Sawyer, Jos. Atkinson, c. II. Jones,
X. s. Williams, ]. IL. Mitchell and Lyman
Grant, deputies.
A. b. Fox, Messenger.
Thursday Dec. IS-Boynton VS.. Inhabi-
tants OF Solon. Mr.. Cover opened the
defense and claimed, there was no defect
in the highway and that the horse WAS
not sound, nor kind, as claimed by the
plf.
Defts. introduced deposition of Gao. B.
Stevens, taken by pltf to show condition
of the road when the horse was hurt.
John L. Pierce, lst, selectmaa OF Solon,
testified to safe condition of road that it
was l6 feet wide and clear of stones,
larger than "heus egg. Says there was
4 cavity In middle of the road G inches
deep. Depression was partly filled with
coarse gravel. Road has been in said
condition for the past twelve years.
French and Brown, selectmen of Solon
were called and testified to condition of
road in substance as stated by J. l..
Pierce, the lst selectman.
Seth Adams and Joshua N. Hilton testi-
fed, as to location of the accident, and
to the condition of road and the absence
of stones in the road like the ones exhi-
bited in court.
Oliver b. French testified that the horse
had shown signs of lameness and that pltf
had admitted his lameness forward, in
July prior to accident. Weston had seen
the horse stumble and fall on his knees,
before the injury.
F. P. Coolidge had seen signs of un-
oundness in the horse before the acci-
dent.
Seventeen witnesses for the defts. tes-
titled substantially, the same, as to condi-
tion Of road and tending to show that it
was ''safe and convenient"
The testimony was-closed at 8 P. M.
| Friday, and the arguments of Mr.. Walton
| and Mr.. Parlin were closed before ad-
journment.
The case was committed to the jury
Saturday morning, and the jury having
been out about 2 hours returned YER
dict for the defts.
Petitioners Of School District No. / in
Athens in equi. VS.. Albert c. Wade,
| Treasurer of Athens.
| Hearing by the court on demurrer to bill
in equity praying for Injunction against
the collection and disbursement of taxes
to pay for construction of school house
in said district.
Decision withheld by the Judge.
Atty's Walton & Walton. d. D. Stew
art.
Monday Dec. %, State vs.. Frank Kai-
ting for assaulting an officer. Respond
ent plead guilty, continued for sentence.
Released on recognlsance. Co. Atty.
State vs.. William Morse for breaking
and entering the cottage of Walter
Pierce, plead guilty. Continued for sen.
tence. Released on recognisance. Co.
Atty.
State VS.. Daniel Murphy a tramp dis
charged by the court. Co. Atty.
State VS.. Edwin Miner tramp dis
charged by the court. Co. Atty
/ 3SaIa IS. GeUisu neeIef cramp uis
charged by the court Co. Atty.
State vs.. Frank Lee a tramp discharged
by the court. Co. Atty.
Nellie M. Lawrence Lib. vs. Amo:
Lawrence for personal abuse. Divorce
decreed, the mother to have custody oi
child. Walton Walton Attys.
Tussd,y, Dec. %, Isola Stewart Lib
vs.. Arthur Stewart personal abuse alleged
married in 1885. Divorce decreed ant
custody OF child to the mother.
William Williams VS.. John W. Claiming
Tresspass for breaking and entering plff',
store and dwelling house and carrying
away plff-s. goods and fixtures.
Defence general issue and brief state.
ment justifyiug the entery and taking
property as an officer with a legal wri
or attachment.
Pin. testified that the premises were
occupied by him and his family as his
place of business and his dwelling house
and that the deft. took and carried away
u wash bowl and other articles that wer'
fixed to the reality.
Deft. testified that he entered the plff's
store with a.writ Of attachment and seize,
certain goods Of the plf's. and detached
a wash bowl and marble slab which wa
fitted and..fxed to the premises.
Deft. also testified that he gave up 8
portion of the attached property to an
other officer who claimed to replevy it.
The balance of the property he sold OIL
execution as appears by his return OIL
execution against tile plh.
Verdict for plff. $3225
S. Brown for plf.
G. H. Chapman for deft.
| Wednesaay Dee. as. c. Mills VS.. Som
erset Railway Company. On trial.
Stewart and Parlin for plfi
Webb, johnson and Webb for def.