The Somerset reporter. [volume] (Skowhegan, Me.) 1868-1909, 1896-12-24


on Thursday afternoon returned a yer
dict OF one cent for the plaintiff.
+. \. Merrill for plaintiff, Walton Il
alton for defendant
The grand jury at 10 o'clock, Friday,
reported nine indictments as follows:
Malicious mischief, one; assault and
battery, one; larceny, two; common sell
Ter, one; embezzlement, one; breaking
and entering and larceny, one.
The case heiyin Bigelow and Clara b.
Blgelow VS. Edison &. Bnker, bill in
equity To redeem mortgage was en-
tered upon, Thursday afternoon. 1t
appears that in 1889, the defendant Ed
son {. Buker, contracted with the PLAIN
tliis 10 assume the support OF Mr.. Buker
and vile. Buker conveyed to Mr.. Bige-
low aud his wife Clara, who was Nj.
Bukers daughter, his home place in St.
bans, taking In return mortgage to
secure the support duiing lite ut him-
self and vile. Mrs Buker has noN de
ceased. Mr.. Buker icing dissatisfied
with the care and support furnished
him. commenced foreclosure proceed
ings by publication MIR. Blgeiow in
order To determine the question OF
breach of condition of mortgage and thr
I.rights OF the parties, brought this bill
in equity, asking to be allowed to re
deem. Mrs. Biselow has died since this
bill was brought
The action goes before the jury upon
the ISSUE as to whether Mr.. Bigeow and
wife have truly performed the eondi-
| lions OF the mortgage. Mr.. Buker testi-
fled to instances in which the treatment
of himself and wife were not satisfactO-
ry to him, and presented an account for
money paid by him, as he claimed for
the support of himself and wife and for
articles furnished by him for the Bige-
low household.
Mr.. Buher's attorneys presented the
testimony of a large number OF wit
nesses who testified to being at HE
house of Mr.. Blgel0w at various time,
and knew of the sickness of Mr.. aud
Mrs. Buker. Several had carried dlt-
ferent articles of food at It quest OF Mr.
Buker or wife. Some hau been there
when the room was uulidy and solicit.
Drs. MUuton and Bean described a
severe illness of Mr., Buker which hap
pened in the spting OF 1895, when Mr.
Buher needed the care OF a male attend
ant. Mr.. Bi2tlow WAS away much OF
the time. BukeT testified that Mr.
BlgeloW sold his gray horse, sale,
steady horse; that Mr.. BigrloW sold Iii,
wagon, sleigh, hens, etc, and Mr.. Buker
and wife were not supplied with fresh
eggs, meat, etc. Mr.. Buher introduced
IN evidence written statement pr. parcel
BY HIN at the foreclosure procreuli -,
ttng for h i'll detail he charges made
by him against Mr.. aud Mrs. Bigelow.
rms statement was signed by Mrs.
BigeloW, acknowledging the correctness
of the statements. a detached sheet
WAS not signed by Mrs. BlgeloW and was
not admitted in evidence by The court.
Two Of thu witnesses, on cross cXami-
nation, stated the general reputation OF
Mr.. Buher for tfuth and veracity was
not good. DR.. MOulton explained this
by saying that Mr.. Bukrr was inclined
To b. sensational and quick in his CON
elusIons.
Melvin Bigelow, the plaintiff in his
suit, claims that hr and his vile have IN
every respect kept and fulfilled the con
ditionS OF the mortgage. lie denies ever
refusing to furnish any of the necessities
or comfort. Of life, or having used any
harsh and uukind words towards NJ.
Bukcr. lie claims and Introduces the
testimony of divers witnesses TO prove
dat he constantly kept one or more kind
aud safe horses and suitable carriages
for the use of Mr.. Buker and wife; thar
he had credit at the store of BlgeloW d
Goodwin and when anything was need
ed in the family, some member of the
family immedi ltely procured it; that Mr..
Buker often & 1t articles ut the store ana
had them q ar ed to Mr.. Bigelow.
Mr.. BigelUn'S son testified that the
firm of Bgelow & Goodwin supplied
goods for M. Bigelow's family Tor The
years 1891 ).
Quite a number of the neighbors tesfi-
flea as to the general comfort of M
Bigelow's and Mr.. Buker's home, and
that the relations between the parties
were OF a kind and friendly nature.
Several ladies' who had worked at
Big"loW's testified that Mr.. aud Mr..
BaEcr were well cared for aud special
dishes often prepared for them. such a.
toast, eggs, grutl, oat meal, ere, WHOM
ever they called for such things. Mr..
BigcloW testified that their gray hurs,.
became subject to fits and had To be dis
posed of "a he was unsafe tor Mr.. Bukrr
10 drive; that he sold the hens he had OF
Mr.. Buker, but bought others in their
place; that he sold his own aud Mr..
Bukets sleigh but bought another
better one,
The following question was submitted
to the jury: "Did Melvin Bigelow and
Clara Il. Bigelow well and truly perform
the conditions contained in mortgage
from them to Rebeeca and Edison Z.
Bn er, dated May 10Th, 1889, up to Sept.
Is, So The ans yer was ~ es.
i y. Merrill for plaintiff. w. b.
Brown and Natons for defendant.
Saturday the following persons were
arrMgued and pleaded. Cyrus Hall of
Canaan. breaking and entering, pleaded
guilty; Everett pooler, for setting fire
to lock up at Fairfield, pleaded not
guilty; Thomas Miller of Arson, for
larceny of an overcoat and gloves, plead
ed not guilty; Wifred Hurd, two in
dictments for larceny pleaded not
guilty and was rem3nded with Miller
and Pooler TO await trial. Freeman a
Butler pleaded not guilty 10 the charge
of assault and battery, and gave bonds
for his appearance next Wednesday Tor
trial.
U'edaesday, Dec 2}-W. = Spaulding
ct al. " II. :. NickcrSon, action of
troyer. The defendant is constable Of
the town Of Pittsfeld, and on the IN or
9 h Of October, A. d., lS9j, he took pos
sesSion nnd r color OF Legal process.
Plaintiffs claim that def ndant took pos
session of the goods without Informing
plaintiff what his claim was, aud had re-
tanned possession of them ever since
Some of the goods were perishahle and