Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1895-04-27
SUPERIOR COURT.
April Term, Hon. 0. G. Hall. Presid.
ing.
Clerk, W. S. Choate,
Geo. W. Heselton, County ATTORNEY.
Sheriff, Z. f. Norton,
+. A. Small, Stenographer.

Sheriff, E. f. Norton,
+. A. Small, Stenographer.
Augusta, April 20.
Z. IL. Nelson VS.. James W. Beck. Geo.
W. Heselton for plaintiff, f. f. Southland
for defendant. Assumpsit on a promis-
sorry note for 500. The defence is that
the note was given for the service of the
stallion Dictator Chief, and warranty of a
colt and that there was total failure of
the consideration. The defendant also
invoked the statute which REQUIRES that
the owner before advertising a stallion for
service shall record in the registry of deeds
the name of the horse color. size. pedi-
gree and description, and the name of the
person by whom bred, and the owner of
the stallion filling to comply with these
requirements cannot recover compensa-
ton for the services of the stallion and is
Liable to Il fine of 800 for a false state
ment of the stations pedigree. The de-
PENDANT introduced testimony showing
that this stallion had been advertised. but
not registered. The plaintiff replied to
this that he was not seeking in this action
to recover compensation for service Of the
stallion, because that transaction had
been settled and closed, but to collect the
note which had been given to settle that
transaction. The plaintiff also reioined
that this same stallion at the time of the
service, had been duly registered, but I'M
der the name of Oliver. After the testi-
mony had been taken out. the Judge ruled
that in law the defendant had shown
good defence and o verdict was accord
ingly directed for the defendant.
This concluded the cases for Jury trial
and the jury was finally excused. To-
morrow an assignment of cases for the
court will be made.
A. M. Spear filed the following motion,
today:
To the Honorable Justice of the Superior
Court: Respectfully represents Edgar C
Wakefield of Gardiner, in said county of
Kennebec, that, at the September term of
the superior court, 1898, he was arraigned,
tried and found guilty of the charge of
manslaughter. That at the December
term of said court, 1893, he received SEN
tence upon said verdict of guilty, of fine
VI COOOs W Dc Ddlu WlU.lll III uuyS, duU Ill
default of payment of fine, one year at
hard labor in the State prison at Thomas
ton. That he paid said fine to said county
That subsequent to the payment of said
fine it appeared from newly discovered
evidence to the entire satisfaction of the
court, that the said Wakefield was not
guilty of the offence charged. That there
afterward to wit, on the goth day of
February, 1895, he presented to the Legis-
lature Of Maine resolve, Senate docu-
ment No. 1913, for reimbursement to him
by the county of Kennebec for the amount
of said fine, said resolve being as follows
Resolved, that the treasurer of the
county of Kennebec be and hereby is au-
thorized and directed to forthwith pay to
Edgar C. Wakefield of Gardiner Maine,
the sum of $780," That this resolve was
accompanied by a statement of facts set
ting forth fully all the facts connected
with the transaction leading to the indict-
ment, trial and conviction for man.
slaughter, which statement of facts he
Graves leave to make u part of this motion.
That after full investigation of said state
ment of facts by the committee on claims
of said Legislature, said committee re
ported unanimously in favor of said re-
solve and that said resolve was passed by
both branches of said Legislature and
signed by the Governor. That the pass
age of said resolve was a complete exonera-
ton of said Wakefield from the guilt of
the charge upon which he was convicted,
but that notwithstanding he stands be-
fore the community morally acquitted,
he yet stands upon the record of said court
Itxy nffb y, oh which he
tried and convicted. Therefore he moves
that his case may be reopcned by the court,
ordered forward on the docket and a nolle
prosequi entered therein, to the end that
the erroneous Judgment of guilty entered
against him. and rejecting injuriously
upon him and his family, may be stricken
from the records of said court
The judge reserved his decision.