The Somerset reporter., 1893-09-28

1harSi,p. Sept. 2I.-On petition of
;. J. Walton ct ais, Justice Oren 4.
Priest OF ot,owhegan WIS by the Court
appointed a disclosure commissioner for
the county of Somerset.
The report of the Railroad Commi,s-
toner's upon the petition of the select
men of Pittsti Id TO determine the man
ner of the crpssi z OF certain town
way Was tied the first day of the term
This rcpor grants the prayers of the
petitioners AID fixes the crossing at
glade.
Calvin Blake Us David sawyer. action
on a promissory note. At The coming in
of the Court in the morning the charge
was delivered to the jury and at l2j
"A verdict was rendered for the plaintiff
for S3l0.55. The verdict in the former
trial Was for the defendant.
Oren l.. Soule vs. III. :. Nickerson, re-
pcyin for ii wagon. Deft. is Il deputy
sheriff in Pittsfeld. and in pufsutlica Of
is instructions attached the wagon ia
i suit of /. e. Lancev X Go. y Clark ~
| rozier. Whereupon the plaintiff in this
suit proceeded to repleVY the wagon rs
his property. The jury rendered YER
for the plaintiff, declaring him to be
| the owner of the wagon which he had re-
| plieved The amount of damages by agree
ncut of parties, is to be determined by
the court. without the Intervention of
the jury. Abel Davis. Esp. for plain
tiff, J. W. Manson for defendant.
Friloy Sept. 22-Ella :. Newhousc
was granted Il divorce from George +,
| Newhouse for causes of cruc and
abusive treatment. extreme cruelty,
and gross and confirmed habits OF III
toXieation.
| The report of the Committee in the
appeal of Elvira NeaZie " Inhabitants of
Madison for damages for laying out Il
town way vas accepted. The amount
awarded by the Committee. $500, is
double the amount first awarded by the
selectmen of Madison. The claim will
be promptly settled by the town
l.. l.. Morrison ct al " First National
Bank. action of trespass. There are
several suits at law pending between
these parties and they are all submitted
to the Court with right of exceptions.
In 1880 the firm of Morrison 4 Mcclellan
built large brick block on the southcr-
| ly side of Water Street in Skowhegan
VILLAGE and in the same year the First
| National Bank also erected its present
brick building. Morrison Il Mcclellan
attempt to show by IA certain deed given
to the Dyers in 1895 that the lot of
land upon which the bank building
stands extends southerly only As far as
the highest portion of the bank of the
river which they say is some eight feet
north of the south wall of the bank
building. This deed makes the easter
ly bound of the lot extend southeIlv to
high water mark. thence westerly by
the bank or shore of the river to
the westerly bound. The Bank officials
claim that high water mark is considera-
bly, further down the bank and makes
the south boundary of their lot several
feet south of their building. The old
deed also reserves right of way over "A
strip of land on the east side of the bank
lot five feet in width. The First Ma
tonal Bank. the defendant in the first
suit claim that Morrison q Mcclellan by
the deed of their own LOT take no proper
ty in the land south OF the bank build
ing. They also claim the fee in the
strip over which both sides have right
of way, and have brought suit of tres
pass for obstrTcting the same and also II
writ of entry to settle the title to the
same. The Court, accompanied by the
attorneys and parties To the suit, dur
ing the course of the trial, repaired to
the disputed premises and viewed the
land, the river and the banks or shores
upon both sides of the river. d. y.
Stewart, Esq, of st. Adams, is attor-
ney for Morrison aud Mcclellan. while
the Bank is represented by Walton ~
Walton, Esq, of Skowhegen.
Saturday, Sept 1.-The Grand Jury
at 8 80 this morning reported Is indiet-
ments as follows:
John Donnegan of Skowhegan, assault
and battery; Jesse Mcguire of Mercer,
single sale; Henry Burgess of Fairfield,
liquor nuisance; Selden {. Scammon of
Fairfield, liquor nuisance and common
seller; Frank NJ. Cotton of Fairfield,
common seller; Amo, Learned of Fair
field, liquor nuisance and common seller
Smith Whittier of Skowhcgan, common
seller; William c. Pearson late of Fair
field, liquor nuisance; William Farr of
Lewiston. common seller; Benoice Fogg
late of Cornville, unlawful imprison-
ment; Fred c. Dinsmore of Bingham,
common seller; Benjamin Hilton of An
son and Charles Smith, Pennington,
common sellers; Edward Bisson of
Skowhegan, common seller; George h.
Fairgrieves of skowhegan, common
seller; Walter Pierre" of Skowhegan,
commoA seller; Grant Brooks of Hart
land, common seller: William II. Burton
of IIartand, common seller; Fred Tuttle
of Athens, common seller; Edgar II.
Thompson of Pitt field, cheating by
false pretences; Joseph lrombley of
Fail field, breaking and entering. and
larceny; Israel ID. Leavitt of Athens,
assault with intent to kill.
l.. l.. Morrison ct al. vs. First National
Bank, action for trespass. still on trial.
Turner Boswell Esq. Judge of Probate,
who Is the surveyor in tins suit, gave
important testimony ~ to the location
of the buildings, rocks. trees etc. in the
vicinity of the disputed premises, and
also testified to finding many kinds of
grasses, plants etc. growing upon the
bank of the river. Mr.. Giblair, who
has charge of the foundry work on the
opposite side of the river, stated that
in the fall of 1869 the water in the river
rose to the window stills of the foundry
and that once since that time the
water had risen to within 3 IL feet of
the same stills. Captain >. Emery fixed
the point of "A certain high rock in the
river bed rs the highest point to which
the river generally rose in the spring.
Janitor Smith had watched the rise of
the water a great deal aud fixed Il GER
tain post under Mr.. MorriSon's store
house as the usual flood height of the
river. Mr.. John philbrick, Col. Isaac
Dyer and others were also called to te>-
| IL IN, l., s l.