The Somerset reporter., 1894-10-04
Somerset s. j. Court.

~ :.
Blaine S. Viles. Messenger.
Moaday, Oct I-Benamin f. Baker
vs.. Joseph +. Buker action for damages
for personal injuries. The defendant
was arraigned in the summer of this
year on "A criminal process for the same
assault and the hearing attracted a great
deal of interest, the plaintiff being n
wealthy man and the defendant we'll
TODD farmer. The present action is a
civil suit for damages for the same as
sault.
Plaintiff claims that defendants cows
were allowed to feed by the side of the
road adjoining plaintiffs fields; that de-
PENDANT was asked several times to have
his cows driven along without feeding !;
that on the morning in question defen-
dant's son allowed the cows to feed be-
side the road; that the defendant came
along aud plaintiff spoke to him about
the cows, and thereupou defendant got
out of his hay rack. aud without warn
ing struck plaintiff a fearful blow, hit
ting him in the face, breaking the skin,
crushing the bone of the nose and cut
ting an artery; thar the blow made him
unconscious for a short time, aud had
caused him considerable pain and suffer
ing. The scar left from the injury was
shown to the jury during the progress OF
the trial. Cross-eXamined, plaintiff de-
MED having previously made threats
against defendant, and denied making
any hostile demonstrations on the morn
ing of the alleged assault.
DR.. l.. A. Dascomb testified as to the
extent of the injury. The skin WAS
broken, the left frontal bone displaced.
The scar now remaining is ut the point
where the laccrated wound was.
Mrs. Mitchell testified: Lived near
the scene of assault; saw the parties
talking; heard Buker call Baker hard
names; heard the blow when defendant
struck plaintiff
Mrs. Mtchell's son Oliver Il. Porter
corroborated the testimony of Mrs.
Mitchell. Mr.. Porter, cross-examined,
testified he had not seen the cow feed
ing on Bakers land; that Mr. Buker
came along about 10 minutes after Percy
Buker had gone along with the COWS on
that morning.
Defendant admits having struck plain
tiff, but claims that he was stopped by
plaintiff on the morning in question who
complained about the cows feeding aud
threatened to bring suit and asked de.
PENDANT what he thought about it; that
was the smallest, meanest man in town
that plaintiff said he would not take that
talk from any man and that they would
settle the matter right there; that there.
upon defendant made IA motion as if to
draw pistol or something from his hip
pocket, he stepped along quickly and
struck him once that plaintiff said set
tied it,
Benjamin F. Baker VS. Joseph +. Bulk
er, verdict for plaintiff 500,
The following divorces We're granted :
Nellie G. Miller from George W. Miller
John G. Phelps for cruel and abusive
treatment and refusal to support; Frank
+. Spaulding from Jeanette II. Spauld-
ing tor adultery; Ida NJ. Cassidy from
VIM. Cassidy for cruel and abusive treat
ment, refusal 10 support and adultery,
care and custody of minor child decreed
to libelant; Dana Bean from Elsie Bean
for cruel and abusive treatment and
adultery, care and custody of minor
children dccreed to the father.
State VS. RelAick. Complaint for viola
ton of fish and game law. Mol pressed
on payment of costs, so.
State VS. l.. W. Weston. Smoke NUS
ance. Respondent pleaded guilty and
case WAS continued to December term.
then to be mol pressed on payment of
costs If county attorney is then satisfied
that the nuisance is stopped and will not
be renewed.
In the train wrecking case the defen-
dants have filed motion for IA new trial.
The plaintiffs have filed demurrer to
defendants answer in Cairns ct ais.
scire facias vs. Chas. +. Whittemore.
Demurrer overruled; plaintiffs except
Tuesdal, Octolcr Fireman Gilman
VS.. Inhabitants of Cambridge. Action
for damages.
Plaintiff claims that on the 18th day
of March in this year he was passing
along the highway leading from Har-
mony Village to Cambridge Village in
the town of Cambridge and that on the
westerly side of the Warren Ham hill So
called as he was leading his horse along
the horse slulnped in the snow and then
sprang forward sinking still deeper in
the snow, was thrown down and injured
severely causing a large flow of blood
internally from which injuries the horse
died on the following day. On cross
examination the witnesses for the plain
tiff stated that after the horse was
pulled out chain was fastened to his
forward feet and he was dragged about
100 feet down the road; then loaded
upon sled and hauled home. Several
witnesses testified to going over the
road about the time of the accident and
found it dangerous passing. Plaintiff
introduced testimony to show that dec
larations were made by the highway
surveyor few days previous to the ac-
cdent to the effect that the road was
unsafe and that he ought to go home
and shovel it out. The value of the
horse was claimed to be Sl25.
Caddie 5eorge was granted divorce
from Perley +. George for gross and
confirmed habits of inroXicatioE and re-
lusal to support. Sarah Goodridge from
Wentworth Goodridge for cruel and
abusive treatment and refusal to sup
port.
j. NJ. and G.. NJ. Hilton, on search and
seizure, paid fine of 800 and costs and
same for being common sellers.
Frank Therio, for single sale of in
toxicating liquors, paid a fine of $50 aud
costs.
Reports of referees have been filed in
the cases of George W. Jewett vs..
Howard l.. Jewett and Cleveland and
Brown vs.. w. +. Robinson.
A petition signed by IA ladies and
gentlemen of Madison and vicinity has
been laid before Judge Walton. The
petition reds as follows: "To the
Honorable Justices of the Somerset
County Court: The Undersigned resi-
dents of Madison township and vicinity
rpsppptfullI rpoupst that rho nrohihitnrv