The Somerset reporter., 1891-12-31

DECEMBER TENN, 1891,
WALTON J. Presid,ag.
& W. BRAIsgRD, Cteyh.
f. w. HoyEY, Coiaty Anorney.
ALBEIT IA. SMALL, stenogropher.
q. II. PIsnos, sheyiD.
J. II. Mitchell, Lyman Grant, c. y. yeszie,
A. WEYMOUTH, e. T. Leighton, Deputtes.
Dana $. Pishon, Messenger.
1hurStqy Dee. p. The case State '
Bunker On trial WHEN We we TO press
iast week, @ss gwen to the jury Thursday
noon. The respondent 1as CHAR cd with
forging tire t1iow ~. IN II ed. "Als0
my lumber lot In Auson valley decided to
ne by samuel Gould IN about ls3G, re.
ference he ny had 10 said deed for descrp
ii n The St4te claimed TINT nee the
'ea'h Of Gould tbs had been added to
deed conveying to respondent property ia
North Anson.
1t appes rel in evidence that respondent
had offered the heirs Of Samuel q Iuld
sl00 for the lot tina. heirs hal sold it to
joseph Atkinson and while operating on
II respondent told him he has IL deed.
Thedecd Wa shown in court and alleged
forgery clearly defined.
I hr defence was deed Was written at my
hoase, did not then include timber lot
bat before II Was ackno@ led before tho
magistrate the timber iet was ii lded at my
store.
lie july re.nfu d verdict Of guilty
and the counsel Tor the defence filed eX-
cePtiuus.
lie exceptions was 10 the form Of ale
gstl ns III the Indictment The indic.-
ment was Tor making ami forging IA deed
whereas the evidence # anything shows
the alter ny of All existing deed. Hence
the evidence doe, not sustain the iudlcL-
ment The Court ruled that the altering
Of the existing deed MAS equivalent to
making ii ueed 81 far as /, at piece OF land
Wa, Concerned. The cart goes to the !a8
cOu1t on exceptions and respondent gave
bonds III =. 600.
Thursday the jures were i smissed un-
til Tuesday.
TaeSdag Dec -. Alice NJ. Grant of
Palmyra '. the kennebec Fibre Company
OF Benton. Merrill & Coffin for plaintiff.
q. ID. BHher Tor defondent.
The action Is brought to recover dam
ages III the sum OF $1,000 for injuries
sustained 10y pIaintl on the seventh da,
Of July, 1880, by reason of defect i'll d
highway III the town of Newport IN PenoD-
scot county, said defect being caused by
tue water III Lake Sebasticook being How
ed back over said highway by defendant
company's dam.
Mr. Coffin, the pla ntiiI's counsel, in his
opening, set forth that defendent company
built dsm III 1853 containing two gates
and waste way; ,aid waste way was 70
feet wide and three feet deep that defen-
dent placed flash boards i'll the waste way
and on the top OF the uam, cau-ing the wa
ttr in the lake to rise between three aud
four feet. This overlooked the piece of
road where the accident occurred to the
depth of 20 inches or more. Plaintiff was
gong home from Pittsiield, her husband
driving with due care and diligence. 1t
was necessary TO pass through the water at
the point, the horse, perfectly safe one,
stepped into a hole washed out of the road
bed and under the surface of the water
the horse plunged throwing both occu-
pants out, the plalntili striking on her head
and shoulders and back on rocks that lay
under the water and was in jured in SER
lUus manner from which She has not re-
covered fully and likely will never so re-
cover. Plaintiff declares it WAS wrongful
for the defendant to raise the dam higher
than it Was when bought by them in 1883.
The plaintiff had lsrge number of
witnesses including several medical ex
perts, the examination of which used up
Tuesday ana the forenoon of Wednesday.
Hon. q. ID. Baker the counsel for the
defense opened the case yesterday after
noon. He conceded water in tn road to an
unusual hight that season. The plaintiff
must show she was injured by the effect of
the water in the road Snail show thai ut
one time the water did make holes in the
road sufficiently large to cause danger but
it was completely and so!idly filled July,
9TH, two days before the accident happen
ed the plaintiff on trial