The Somerset reporter., 1894-09-27
Somerset $. j. Court.
September Term, 1891
WALTON j., Presiding.
N. w. BRA1SERD. Clerk
F. W. HovEY, County Attorney
C. ". Small, Stenogrd phor

WALiON d. Fresiding.
F. W. HovEY County Attorney.
c. ". Small, stenogrd phor
L. p. Viles, Shcrig
Smith, A. P. Spear. Scott Knowles. JOS Akin
son, r. 5. Williams.
Blaine S. Viles, Messenger.
1uesddg, sept. 26-The indictments
80 farHnade public are As follows: Sias
G. Small, common seller and nuisance
Seldom c. Scammon, common seller and
nuisance; James Holt, common seller
and nuisance; Albert Tague, single sale
William Toward, drinking house and
tipping shop, common seller. nuisance,
assault and battery; stephen Durrcll,
common seller; Marshall F. Stevens,
common seller: Levi w. Weston. nui-
sance; Inhabitants of Skowhegan, defec-
tive highway; Walter Pierce. common
seller; John NJ, and Cephas NJ Hilton,
common sellers and nuisance: Edward
Bison, common seller; Horace Rey-
nolds, larceny; BENJAMIN Thompson,
fraud; Thomas Porter and Ida futile,
adultery; Albert Robinson, adultery
Frank u. Gilman. assault and resisting
an officer; Clara NJ. Peavey, adultery
Antonio Penatti, common seller: James
Clifford, assault; Joseph Dunham and
Thomas Gregg, obstructing a railroad
train. Vim. Howard, for single sale, and
stephen Durrell for same otinse, each
paid fine of $50 and costs. Demurrers
were filed to these indictments against
Seldom c. Scammon, and two against
George b. Small of Fairfield, one against
Stephen Durrel and five against VIM
Howard of Arson. all liquor cases
William Towards bonds on the five
cases amount to $500 and his sureties
are Calvin NJ. Sawyer, Benz. p. j. IVES.
ton, John Tinkham, George F. kc.t
Willis l.. Clough, Abram X. Stephens
Cephas NJ. Hilton aud Frank 2. Iadd.
The indictment against Mr.. Weston
was for smoke caused by burning saw.
dust and other mill waste on the ledge
at foot of the falls here, with no chin
ney to carry off smoke, causing much
discomfort to our citizens.
Benz. l.. Flanders vs.. Orlando Cobb
action to recover the amount of prom.
issory note. Plaintiff and defendant ex.
changed horses, defendant giving note
for the difference signed by third party
and endorsed by defendant, who repre-.
sented that the third party was respon-
sible. The note remaining unpaid plain.
tiff sues in assumpsit. The presiding
Judge held that an action in assumpsit
was not maintainable and allowed The
plaintiff to strike out all his counts in
assumpsit and insert count for deceit
Defendant excerpts to the allowance OF
the amendment and the action is con.
tiuued. Merrill u Cover for plaintif;
5. 5. Brown and j. +. Holman for de-
PENDANT
Benjamin f. Miller VS.. H. c. Baxter
and j. =. Baxter, .lr., action to recover
for corn delivered at defendants factory
in St. Adams in the year 1890. Plain
tiff delivered nine loads of corn that sea.
son and when he went to get his pay
there arose some dispute in regard tC
the amount for which he was credited
and he finally went away, as he claims
without receiving any money, defen-
dants promising to look up the matter
and make it right. Defendant claimed
that at the time of dispute they paid
plaintiff for all except one load, which
plaintiff thought was not included
in his account, but which was after
wards admitted to be included. De
PENDANTS prod their book of ac
counts which was signed by each mar
when he received pay for corn, and
which appeared to be signed by plain
tiff. Plaintiff admitted signing the
book, but said he did so expecting to re.
ceive his money at once, the error not
having been noticed by him until after
he had signed. Verdict for plaintiff,
$3.50 S. S. Hackett for plaintiff; D.
d. Stewart for defendant.
The two actions, Forrest Goodwin and
Jos. Williamson, Jr., assignces, versus
The Snowflake Canning Co., were heard
by the court and non suit ordered in
each case.
Nine actions were referred to +. F.
Dauforth and j. w. Manson, six of them
being between Geo. w. Sawyer and
Sylvester Ham, two betN cen Geo. w
Sawyer and Richard w. Stafford, and
one between Geo. W. Sawyer and Willis
f. Briggs.
l.. l.. Walton, Esq, Edward Lowe,
Esq, and Geo. W. johnson, were APP
pointed committee to estimate the
dam ges in nine flowage cases, eight
against the Waverly Wooden Co., and
one against the Douglass Dam Water
Power Co.
Wednesday, Sept. 2G-Marshall +.
Stevens was arraigned. paid 500 and
costs, as common seller.
Matte r. Hill was granted divorce
from Walter f. Hill. Stella A. Dins-
more from Fred Gustavus Dins-
more. Edith NJ. Milliken from James
Milliken.
Correction: The suit in the case of
II. Ii. Tufts VS.. James Harmon was on
note of SAT-, and the verdict was for
S7S7, and not S7s7, as appears else
where in our court report. The drop
ping out Of point makes the difference
The trial of Thomas Gregg and Joseph
Durham, alias George Brown, charged
with attempted wreck Of the midnight
train, near Pittsfield, last July, began
this morning. A large number of wit
nesses have been summoned, and there is
much interest in the case, owing to the
magnitude of the crime and the parties
accused. County Attorney Hovey con-
ducts the case for the State and both of
the defendants will be represented by
Forrest Goodwin, Esq. Judge Walton,
who presides at this term of court, has
arranged that there may be no delay.