The Somerset reporter. [volume] (Skowhegan, Me.) 1868-1909, 1894-01-18
DOW T. CARTER.


1b4'sdfg. I90. HIN the eases of
the State v. Harry AIams. common
SELLER ami nuisance. defendant files
dcmlrrers. which are over-ruled. EX-
ccptons filed and allowed. Ae1i II to
be taken 1T the law court,
William W. Sponori of skowhegan
was granted ii divorce from Endora g..
Spotlord for the cause OF adultery. Mel
lie l.. Mountford was granted Il divorce
from Joseph W. Mountiord causes al
legged in the libel.
The case Whittcmorc ". Merrill was
on trial when We went 10 press last
week.
llrintifs allegc thar on March %,
1850, one Ellsworth Dunlap. then work
ing at plaintiffs farm. was arrested upon
"A hastardy process and taken into the
office of the defendant, an attorney at
law ut Skowhegan aud then taken to
Jail : that on the forenoon of the next
day Charles p. Whittemore. one of the
plaintiffs was scalled into the Office of
Mr.. Merrill and requested to sign Il bond
with Eieazer Clark to obtain the release
from Jail of the said Duuiap: that the
plaintiff Whittemore objected to signing
the bond and that thereupon the defendant
told Whittemore that the only risk was
in the prisoner running away aud that if
plaintiff would sign the bond defendant
would save him harmless. and thereupon
he and Clark signed the bond, hut it
was not accepted by the iailer and II
second bond was made by defendant
and signed by Charles =. Whittemore,
who at the request of defendant induced
his brother John F., the other plaintiff.
to sign the same under the same prom
Use; that subsequently, plaintiffs were
sued on the bond and obliged to pay the
sum alleged and therefore they bring
suit to recover from defendant upon his
special promise to save the plaintiff
harmless.
Denfendant alleged that upon the
day in question, namely March 2G, 1855.
he went in the forenoon of the day to
Madison and Was engaged there during
the day, first in making out IA bastardy
process against one Franklin II. Abbey.
later in consultation with Abbey. fin
ally in the evening performing the mar
riage ceremony for said Abbey and the
complainant in the bastardy process,
that he did not arrive home till late in
the evening. That he never mt any
time made the promises alleged by
plaintiff.
Edward Z. Coffin testified that Charles
u. Whittemore and EleaZer Clark came
to his office upon the afternoon of March
2G. lss5. aud that by their request he
drew Il bond for the release of Dunlap.
That the bond was signed by White
more and Dunlap and rendered to the
iailcr, Il. VI. Baker, who refused to ac-
cept it, That thereupon second bond
was signed by Charles =. Whiitemore
and by him taken to John p. Whittemorc
to be signed. That during all that day,
according 10 the recollection of witness,
Mr.. Merrill was not present in the Office,
though he might have seen him early
in the morning.
Il. NJ Baker testified that he was
deputy sheriff and jailcr in March. 1851,
and was attending court on March 26,
1888. Thai Charles r. Whittemore on
the afternoon of that day rendered to
him Il bond, signed by Whittemorc and
Clark. which he refused to accept, aud
that he went with Whttemore to the
Office OF Merrill & Coffin where Mr..
Coffin drew Il second bond which later
in the day WaS rendered to him. That
Mr.. Merrill was not in the office during
the time witness was there and that he
did not see him on that day. Testimony
was close al I =. NJ, and Mr.. Heath
for the defendant made Il clear and con
vncinS argument. occupying one hour
and thirty minutes. An evening session
was held At which Mr.. Goodwin for
plaintiff made "A forceful argument in
support oil plaintiffs position.
Eidlag, IAN. I2.-Judge Wiswcll
charged tn Jury on the Whiitcmorc ".
Merrill ease and the Jury reported dis;i-
grecment. The court urged them to
reach an agreement if possible and they
again retired but after being OUT hours
reported that they could not agree and
the jury Wa> discharged.
The Manufacturing Investment Co. ".
Cushnoe Fibre Co., action ON account
for logs sold to defendant. After tosri-
mony WAS taken out. the case WAS with
drawn frou the Jury and reported To
the law court. Walton Il Walton for
plaintin. VI. ). Ilolway and l.. {. Cor
nish for defendant.
Divorce wa- granted Eva Spear from
kOZta :. spear. Causes, intoNicatiou
and non support.
5. b. Buffpcks pleaded guilty to an
Indictment l. common seller Trial
docket Wa called and many actions dis
posed Of.
William Johnson vs.. Woodbury. Rus
sell. Achon OF rcplevin. II appeared,
that the parties at one time exchanged
horses aud the plaintiff. thinking the
horse he got did not come up TO the
guarantee. brought replevin suit to get
possession OF the animal he formerly had.
Evidence disclosed the fact that the
plaintiff replevicd the horse before re-
turning the other horse taken in oN-
change, aud upon motion of the defend
ant the court ordered a non-sut. Plain
tiff excerpts.
w. X. Jordan and :. j. Walton for
plaintiff: Merrill q Cover for defend
ant.
AT noon saturday the Court having
disposed of all the business adjourned
1t has been a busy term, the first week
excepted, several important eases We're