Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1895-01-24
JANUARY TERM.
Several Cases Tried During the Past
Week.


The January term of the supreme judi
cial court of Hancock county, adjourned
Wednesday. The court has not been
rushed with business, nearly all the cases
appearing on the docket being "contin-
ued,n as usual A few cases have been
tried, however, enough to keep the in
terest in the term alive.
The first case tried was that of o. NJ.
Kittridge VS.. George B. Galley, both OF
fremont. The trial took place Thursday.
This was an action brought to recover
the amount of a note for 300 given in
1886. The defendant pleaded statute
limitation.
The Jury returned verdict for plaintiff
for the full amount OF note, with inter
est and costs, amounting in all to S2s4.61.
George r. Fuller for plaintiff; E. Web
ster French for defendant.
The case OF Thomas Partridge VS.. Will
lam French, both OF Orland, occupied the
attention of the court Friday. This was
an action for trespass, involving title to
property on the Castine road.
Verdict for plaintiff, with special find
ings; damages 81.
o. F. Fellows for plaintiff; Hale 4
Hamlin, represented by Charles H. Drum
mey, for defendant.
The most important and most interest
ing case of the term was that of Mrs.
Lizzie Cummings, of Bar Har Dor, VS.. The
kennebec mutual life insurance COM
pany The trial occupied the entire day
Monday.
This was an action brought to recover
the amount of policy of life insurance,
81 500, on the life of plaintiffs husband.
The policy was issued in July, 1892, and
the death occurred in February, 1898.
Defence tried to show that the insur-
ance was fraudulently obtained, the hus-
band of plaintiff being in poor health
when policy was obtained, and returning
false answers in filling out the application
for insurance.
Evidence on this point was eontradic-
tory. Expert testimony to substantiate
plant : claim that her husband was III
good health at the time policy was given
by Drs. Alex IIagerthy, of Ellsworth, and
II. D. Averill, of Bar iarbor; Drs. F. A.
Chandler of Addison; c. Z. Morrison and
William Rogers. OF Bar Harbor, testiticd
for defendant.
Defense claimed that death resulted
from consumption of long standing,
While plaintiff claimed death was caused
by tuBereulous Of tie bowels d disease
similar, but more rapid in its advances,
death resulting few months after the
disease first makes its appearance.
II was late when the jury retired, and a
sealed verdict Was rendered and opened
Tuesday morning. The verdict found for
the plaintiff to the full amount of insur-
ance, with interests and costs, amounting
in all to 81, 9s3 60
The case for plaintiff was ably handled
by County Attorney +. S. Clark. H. NJ
Heath and W. T. Haines, president of the
insurance company, appeared for de-
PENDANT.
Motion for new trial was filed.
The case of George +. Norris VS.. John
A. Lord, both of Ellsworth, was tried
Tuesday. This was an action brought to
recover S51.S1, for work done in repairing
chimney and in building wall at de-
/ PENDANTS property on Court street. Work
on the wall was discontinued by order OF
the city authorities, it being found that
it eneroached upon the public highway
The wall had never been completed.
The jury was out two hours, and re-
turned verdict finding for the plaintiff
in the sum of S34. 80.
The usual grist of divorce cases occu-
! pied the attention of the court during q
part of Tuesday afternoon. DEGREES OF
divorce were granted as follows:
Edna S. Donovan, libellant, VS.. George
Donovan, Gouldsboro, intoXication.
Elmer L. Conary, libelIant, vs.. Helen +
Conary, Swans Island, adultery.
The jury was finally discharged Ned
nesday morning