The Republican journal. [volume] (Belfast, Me.) 1829-current, 1895-10-24
Supreme Judicial Court.
JUDGE EMERY PRESIDING.

erse jurors appear in Court Thursday morn
ing, thus saving two days attendance for %
men. In our issue OF Oct. l7th We gave
list of jurors summoned, all Of whom an
swered to their names on call. OF those John
G. Lamb was excused, he being postmaster
and not liable to jury duty. There being
cases on the trial docket in which the towns
of Liberty, Thorndike and Knox are parties,
the following jurors from those towns were
excused: E. P. Boynton, B. W. Downes, H.
W. Rackhff. The Judge then stated that
owing to the small amount Of business to
come before the jury, one jury would be suf-
ficient, and eight men We're drawn by lot
and excused as follows James +. Churchill,
Edwin s. Curtis, Joshua s. Hartman, VIII
lis S. Myrick, Josiah Nickerson, Stephen L.
Perkins, Clarence Il. Smith, Oliver W..
Whitcomb. The jury was then impanelled,
as follows:
H. j. Locke, foreman, Belfast; George E.
Berry Burnham; William b. Belches, VIM
terport; III. NJ. Black, Frankfort; Charles
A. Carr, Freedom; Wilder P. Drinkwater,
Lincolnville: William p. Farnsworth, Isles
boro John I. Frost, Belfast; James III.
Howes, Belfast; Justin Merriam, Morrill, ;
Howard Murphy Belfast; Sumner Poland,
Montvile.
Supernumeraries: Eli P. Randell, Stock
ton Springs Nelson p. Staples, Searsport; !;
Daniel Sweetland, Searsmont; Matthew W
Welch Belfast.
With but one jury on duty the panel has
been kept busy. The first case, Thursday
afternoon, was
John I'll. Hussey vs.. James, Joseph and
Charles l.. Wardwell. The parties live No
Winterport, and have stores on the prin f.
pal street of the village. Plaintiff, in 1884,
was one of the Selectmen, and was highway
surveyor OF the village district The Select
men attempted to extend sidewalk past
l the defendants premises, but the defendants
built a fence across the way and when plain
tiff attempted to remove it a struggle ensu-
ed in which all four participated. Plaintiff
claimed that although not hurt much in body
his feelings We're injured by his being pub
licly attacked and i'll treated, and he claim
ed damages in $500. Defendants claim that
plaintiff attacked James Wardwell, the
father of the other two, and that whatever
he did was in self defence, and their action
in the affair was in his defense. They also
claim that James Wardwell was more injur-
ed than the plaintiff was. Verdict for plain
tiff S27 ~. Motion for new trial filed. Vose
for plaintiff. Thompson & Wardwell for
defendants.
Richard d. Bennett VS.. Sarah E. Talbot.
Plaintiff is wharf builder Of Bucksport
Defendant lives ia Maiden, Mass, and owns
land at Standpoint on which are granite
quarries. Plaintiff claims that he did work
on a new wharf built on defendants prem
ises, by order Of Frank T. Sargent, her son
and agent. His bill was partially settled.
as he claims, by her agent, and he sues for
the balance, S2S.75. Defendant claims that
the wharf was built for granite company,
a lessee Of part of defendants property
and that Mr.. Sargent was acting as agent
for said company in ordering the work, and
not for the defendant. Verdict for plain
| tiff, S31.5o Motion for new trial filed.
Montgomery Il Montgomery for plaintiff.
Fellows for defendant.
Charles B. Eaton vs.. Atlas Accident In
surance Co. On Sunday, Oct. 2S, 1891, plain
tiff rode to Waldo on his bicycle to attend
the funeral of Charles A Walker. On his
| return. via Waldo Station and Swanvile,
when near the latter village, he was thrown
from his wheel and sustained in juries which
prevented him from working four weeks.
He held a policy Of accident insurance at
S25 per week, which the company offered to
settle for S51. Plaintiff refused to accept
this and sued for the full amount The case
was opened to the jury Saturday, but was
/ withdrawn and sent to the Law Court on re-
port. Thompson q Wardwell for plaintiff.
| Dunton for defendant
! Fred III. Young Us. Robert Waterman.
| Action on a promissory note, which defend
| ant claims was settled by his Insolvency
| plaintiff lives ont of the state and claims
| that defendants insolvency does not affect
| the note. Law on report. j. Williamson,
Jr., for plaintiff Dunton for defendant.
w. G. Williamson ct. al. vs.. Wayland
| knOwltop. Action to recover for balance
|
| The case was referred at a previous term to
| Hon. Geo. E. johnson, who reported balance
| due plaintiffs, S11477. Williamson for plain
I ttfs. Knowlton pro Sc.
| Albert S. Turner VS.. Inhabitants of Lib
| erty. Action to recover for damages re-
| ceived on the highway. April 49, 1894,
| plaintiff was riding on the highway in Lib
| erty, near the Palermo town line, when as
he claims his wheel struck log which
stuck up in the road, and he was thrown
| out and dragged same distance His arm
| was broken in two places, and he was other
wise injured. He claims $4,000. The de-
fense does not deny that the obstruction
| was there, but claims that 1T was not the
| sole cause of the accident; that plaintiff
was not exercising due care, and that he
had been drinking at the time, On trial as
| The Journal goes to press. Mcclellan for
| plaintiff. Dunton for defense.
H. J. Locke of Belfast, foreman of the
| traverse jury, was excused Monday on ac-
count of i'll health. Howard Murphy, also
Of Belfast, was elected foreman in his place.
The following attorneys from other coun-
| ties have been in attendance the past week
w. Fl. Fogler, Rockland o. r. Fellows,
| Bucksport; G. M. Walker, Rockland; j. W.
Manson, Pittsfeld; 7. W. Vose, Bangor: j.
II. Montgomery, Camden; Jos. Williamson,
Jr., Augusta.
CRIMINAL DOCKET.
There were 16 new appealed cases on the
criminal docket. The grand jury reported
| Friday forenoon, having been in session but
| three days and found 28 indictments. AS
the last half day is devoted to drawing in
dictments, the record is practically % in
| dictments in two and half days work,
| which shows that County Attorney Bowden
| and State Constable Mears are workers who
make every move count. There were also
hearings III several cases in which indict-
| ments were not found. Following are the
| indictments so far as made public:
For single sale, s. W. Freeman, Frank R.
| Sargent, q ipdictments), John Garland.
Common seller, Joseph A Gilmore, N.
Grant, L. \. Elliot, Fl. A. Bolan, r. H.
| Moody, Augustus c. Kilgore and Everard
| A. Wilson, Clarence Poor, u. y. Gentner,
| w. B. Twombly, Robert Brownrigg, Chas.
p. Brown, S. W. Freeman, John Garland,
Asa A. Howes.
Malicious mischief, Harrison II Stevens.
Bad roads, Town of Lncolnyille.
Criminal cases have been disposed Of as
follows:
State vs. p M. Prentiss, assault and bat
| terry, appealed from F. W Brown, Jr., trial
justice, mol pros by order Of court.
John Garland, indicted Tor single sale,
plea, guilty; sentenced to 5O days IN jail.
Criminal cases have been disposed OF as
| follows:
State vs.. NJ Grant, indicted Oct. term,
| 1884, for keeping drinking house and tip
ping shop. Mol pros. as to "a offense; fined
| 500 and costs; paid.
State vs.. Joseph A. Gilmore, recognized
from Police Court for being common seller