Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1894-10-16


n. u. Dinsmore, Norway.
Everett u. Fletcher, Peru.
Daniel J. Fox, Porter.
Albert n. Foster, Canton.
Austin ilutcl,ln.oo, Albany.
Charles q. kimbsll, Bethel.
sICoNp TRAVERSE JURY.
X. ~. Moulton, sweden. Foreman.
q. ~. lane, Paris.
David n. Miiiett, oxford.
". y. Partridge, Norway.
klibou pprham, Woodstock.
W. y. smith, Dixhrld.
Marshall spring, Hiram.
Austin 4. Stesrns, Paris.
Vim. u. Thurston, Ramford.
j. A. Warren, Buckheld.
N. 4. Wheeler, Gile.d.
George e. Wheeler, Waterford.
Henry n. smith of Denmark and
George u. Warren % fryeburg ~ers
excused from ser,ice on the traSers'
Jury. Frank T.. Thomss of AndoSe'
VAS not In ATTENDANCE.
The prscticlng members OF the oi'
ford bar were all but perhsps t~o OF
three present on the opening day. ana
among the attorneys present from out
side the county were Gen. A. =. witch
ell OF Gorh.rn, y. H., Hon. George y
Clifford of Cornish, Harry Virgin oil
Portland, D.. 4. Walker Of Bridgton wis
hardly seems to belong outside OF Oxfort
County, T.. y. Gentleman OF ke,sl
r.lls, aud y. q. Purinston OF Mechanic
BALLS.
The call of the docket, which occupied
the time until Tuesday noon. resulted u
the making up Of trial list that looke'
like considerable business, but when u
came to sorting the case over aud az
.Ignlng them. the list d~indled from :
20 ~, and all we're assigned tn the ~
mslning four days ~ the first week.
Nothing VAS ready fvr trial until
Wednesday morning.
The fret case for TRIAL Was opened "a
the first Jury Wednesday morning. TIL
Was an action brought by the ;. Z
Forssith Machine Company, of Man
chester, y. H., against the Bryant''
Pond steam NIL Company To recover {
balance % sisS.;O aud s:d.oO Interest
claimed 10 be due on an account Tor 81
engine aud boiler With certain pipes
fitiings, etc.. furnished the defendant
for their mill, at Bryant. Pond, In tn
spring % isco.
The defendant. claimed that the worl
Vas Ia have been performed under
v ritten contract, by the terms OF which
the plaiutifi. agreed 10 furnish NJ
engine, boiler and all fittings necessar,
10 constitute q suitable OUTFIT for thei
steam mill plant, for the sum OF sl'co
delivered In Portland. The total charR'
for a.. work performed, according u
the plaintiffs accounts, VAS slyls.v
The defendant company made pay
ment Of siOO soon AFTER the Job VA
dooe, aud subsequently, gave check To-
sly> ~ Ia fun settlement, n the,
claimed, IA. agent 90 Oh. plaintiffs agree
Ing that, " the check MAS not scceptod u
full settlement, II should be forthwith
returned. The check bore upon its fsc'
the words .'in full''. The plaintiffs re
talnsd the check and used Il In th'
course of business. giving the defendant,
credit for the amount, on account, AND
nnally Brought this sction to recover th'
balance claimed Ia be due. When th'
cheek VAS returned To the defendants
through the bank, the words "ln full
had been erased.
The plaintiffs claimed that the amount
charged la excess of the contract prie'
VAS for labor In setting up and extras
not included In the contract, while the
defendant contendeds that whatever ex
ira. may have besn furnished by the
plaintiff. we're rendered necessary by the
imperfect condition of the engine and
other machinery aud the faulty manner
Ia which the work MAS performed. and
further claimed that the damage occs'
stoned by the consequent loss OF power
and delays Was far greater than the
amount the PLAINTIFF. nov sought to re-
cover.
The arguments were concluded We'd
nesday night, and the case WAS submit
ted to the jury by the Court Thursday
morning. Verdict for defendant. Ts
the special question submitted 10 the
Jury by the Court, "liAs the full amount
Of i.l,inilff.' claim been paid, OF account
settled by accord aud sAtisfactionr' the
Jury returned the answer. "Claim paid
james \. Wright and 4. u. Benson foI
plalntiffs. John T.. ssasey for defend
ants.
This case occupied part Of the fore
noon Thursday. several cases sgainsl
the oxford Land Co., which were ~.
signed 10 Thursday for trial were settled
When just ready, for trial and there ws'
nothing left on the trial list for the re.i
90 the day. 10 though the court wa'
resdy for business all day, there MAS nc
business ready.
Augustus s. Durham We. Laura Reed
Defendant owns a stand at West Paris,
Q "~ater box" supplied by
an squeduct, aud plaintiff, owning an sd.
joining house lot. holds by his grant the
right To take the water from the over.
fio~ pipe Of the water boz on defendants
premises. l'lsintif claims that . few
years since defendant cut Oh his water
supply for the benefit OF her son, who
lives next door 90 her. II 10 claimed
that pipe VAS run from the "frost pipe
10 the " ster box To the house Of Mrs.
Reefs son. and that this pipe Vas
lowered In the barrel 90 ne 10 take the
over fiow TO which the plaintiff vac en-
titled. thereby cutting OF the larger part
of hls supply % water.
Defendant admitted attaching the pipe
TO her sons house, but denied
that the relative height of the overflow
plpes hal been changed, and explained
the short supply of water by the fact
that other parties lad attached plpea To
the squesiuct aud used quite portion
Of tl,c water coming through u. The
JURY reiurns-i verdict for the plaintiff,
Que cent. Tascus Atwood for plaintiff.
I,enson and S~.sey for defendant.
THIS case occupied The day Friday, the
verdict being returned about \ o'clock
In the evening. The rest Of the trial
LIST vas cleared up In one way and
another aud the day Saturday wss oc-
rupled With divorce matters, minor af.
fsirs, aud waits.
TIE GRAND JURY.
Below s~ given the nsme, sge, occu-
patton. polite and religious preference
of the members Of the grand Jury en-
paneled this term, and which will serve
during the coming year.
Arthur W. Stanley, Foreman, Hiram
(post ONCE south liiram). IS, farmer
and cattle dealer, Democrat, no religious
preference.
Charles y. Abbott, Bethel. u, farm
", Republican, Methodist.
Albion r. Allen, Hebron (post once
Hebron Station. u, farmer, Deuocrat,
frve win Dsptist.