The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1893-04-25

A case which has excited much interest
in the neighboring city of Westbrook fol
the past two weeks was heard by the
board of mayor and aldermen yesterday
morning.
| 1t was upon warrant issued by the
| Probate Court of Cumberland county di-
recting the mayor and aldermen of the
city to investigate as to the mental con-
dition of John Cloudman, wealthy citi-
zen who has recently removed to Massa-
| chusetts.
The board was called to order at 10
o'clock a. M; Mayor Cordwell in the
chair and President Cutter of the CITY
Council chosen clerk.
Hanno W. Gage of Portland and VIM.
Lyon of Westbrook, Esqs., appeared for
the petitioners, Maria w. Plummer.
Mary A. Bean and Louisa Partridge, sis
ters of Mr.. Cloudman and resident in
Westbrook; and F, M. Ray, Esq. an
peared in behalf of the respondent. who
is now in Boston at the home of his
daughter, Mrs. John Adams. This lady
was present for the hearing, as was also
her husband.
Hon. Leander Valentine, the first mayor
OF Westbrook, and other prominent citi-
zens, were in attendance, as well as many
ladies.
The mayor announcing that the board
was ready to proceed, Mr.. Gage proceed
ed briefly to explain as to some legal
points at issue that might be raised, and
would like to enquire as to whether there
was to be any denial of the allegations of
the petition, verbal or written.
At this point Alderman Goodell offered
an order to the effect that no such person
as John Cloudman was now resident of
Westbrook.
Mr.. Gage said that if such action was
taken there was nothing further to be done
in that body and nothing remained for
the petitioners and their representatives
but to go away. The statutes applying
to such cases were made for the protec-
ton of the individual and it was usual
for him, unless physically disabled, to
be in attendance. If Mr.. Cloudman was
present he thought an examination of
half an hour would satisfy the board upon
the point as to whether he was of sound
mind. If such an examination could be
had he would be willing to rest the case
upon the result.
Alderman Goodell pressed his point
that they had no jurisdiction and that
Mr.. Cloudman was resident of Boston.
Alderman Lane enquired what evidence
was before them as to that.
Alderman Goodell said documents duly
signed, attested, etc.
Mr.. Ray thereupon rose and stated that
he had expected this point would be
raised and had come prepared to meet it.
He then read several documents signed
"John Cloudman of the city of Boston,
One of them was a denial that Mr.. Cloud
man was resident of Westbrook.
Again the question was raised as to
the hearing and Alderman Lane thought
they should go on.
Mr.. Gage said he supposed they had
to have hearing. 1t is simply notice
for an examination and nothing that
might be done on this occasion would
settle it. The question would go on in
the usual legal channel.
Alderman Goodell thought the matter
might as well go to the probate court at
once.
Alderman Lane thought it would be
difficult for them to decide intelligently
as to whether Mr.. Cloudman was or was
not citizen of Westbrook without a
hearing.
Mr.. Ray here declared that MI. Cloud
man had ceased to be resident of
Westbrook or the State of Maine and
that he would not be here at present.
Mr.. Gage-s'Will you produce him?''
Mr.. Flatly, not at present.
Mr.. Gage-sYour man isn't far away,
only hundred miles and facilities for
travel are easy and comfortable.
Mr. Ray-"The point raised is to draw
out and prejudice our case.''
This Mr.. Gage denied and Mr.. Raw
stated they had atfidavits of physicians
of good repute as to Mr.. Cloudman's
sound mental condition.
Alderman Goodell again pressed his
point as to jurisdiction and it came to a
vote, eleven ballots being cast The vote
stood eight to three that Mr.. Cloudman
was citizen of Westbrook.
The hearing then proceeded.
Mr.. Gage addressed the board as to
the matter of residence, and as to cues
tions of law that might be involved
which could not be settled here. What
was wanted was the presence of Mr..
Cloudman. That would be satisfactory.
They knew the man and could easily de-
eide. But it was not necessary to take
up the time of the board for perhaps
two days only to go over the same thing,
in the court later on.
Mr.. Ray stated that he had waived the
notice because he did not intend that the
sick old man in Boston should be made
to worry. He was here to protect his
rights.
Mr.. Gage said there was question of
law and facts involved in this case. 1t
only devolved upon the board to make
such enquiry and such return as they