Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1896-05-26
SUPREME JUDICIAL COURT.
NAY TERN, 1896.

/ oorNeme JuutCtAl COOHI.
NAY TERM, 1896.
COURT OFFICERS.
Vim. T. whitehouse, Justice Presiding
Chas. +. Whitman, Clerk
Fred A. Porter, Sheriff
III. l.. Hammond, Crier
T.. +. Smith, County Attorney
j. y Estes, Steuographer
w. A. Barrows, Messenger
III. c. Davis. Librarian
/ EDWARDS VS.. SMITH.
Sidney ID. Edwards VS.. Amos Smith
This case was tried Monday afternoon
IL Is an action Of irespsss, and the ques,
ton involved was right of way through
what Is known as Cemetery Street.
This the plaintiff claims as his land.
while the defendant claims the right to
pass through, and has backed up his
claim against Mr.. Edwards and the pre-
ceding owner, Mr.. Jones, with an axe,
cutting down the fences which they
built. After the evidence was all In, II
was found that there was peculiar CON-
plication of questions of law and Of fact,
and that the evidence was badly mixed
any way. IL was therefore deemed best
TO take the case from the jury and refer
IL TO Judge whtehouse, who later render
ed decision in favor OF the defendant.
Wright for plaintiff; Hazen and Swasey
for defendant.
DAVIS vs. MIL TON
Henry Davis vs.. Inhabitants OF Milton
Plantation. This was an action brought
to recover 5000, funeral expenses Of
Aaron Bean, n pauper in the plantation
of Milton. Mr.. Bean was an invalid
during the last years of his life, and his
wife received regular weekly stipend
for taking care of him. At the time OF
Mr.. Beans death, Mr.. and Mrs. Bean
were living In MIR. Davis house. The
assessors of the plantation manifesting
an unwillingness TO provide for the
funeral expenses, Mr.. Davis did SO, and
now brings suit 10 recover from the
plantation.
The position OF the defence is that ac-
cording TO the arrangement made with
Mrs. Bean, she was 10 have $500 q week
for the care of her husband, and was to
pay all expenses, including funeral ex-
penses. Plaintiffs testimony Is TO the
effect that nothing was said In relation
10 funeral expenses. A peculiar inter
est WAS added 10 this case by the fact
that Mr.. Davis, few months after Mr..
Beams death, married his widow, and
now RECEIVERS the burial expenses of his
wife's first husband Verdict for plant
in, S3l.00. Davis and Wright, for
plaintiff; Swssey for defendant.
WOODSTOCK vs.. CANTON.
Inhabitants OF Woodstock W.. Inhabit-
ants of Canton. This was an action
brought 10 recover for supplies furnished
George W. Howe and family, aud the
sole question AZ issue was whether Howe,
who WAS born and raised In Woodstock,
had acquired settlement In Canton by
five years continuous residence. II was
undisputed that IL was more than five
years between the time of his going 10
Canton and the time of leaving; bat just
before he went TO Canton he and lis wife
separated, aud some years later began
living together again. The question In
dispute was. whether this separation
was intended 10 be dual aud absolute. so
that the wite'S residence would have no
effect upon the settlement OF the hus-
band. All the evidence brought out
tended 10 show that the settlement was
intended 10 be final, and after the evil
deuce was In the court ordered verdict
for the plaintiff. The case will go to
the law court. Wright and Davis for
plaintiff: Swasey for defendant.
Holt vs.. JACKSON.
Josephine b. Holt vs.. George II. Jack
son et al. Parties reside in Norway.
This action was writ Of entry TO re-
cover possession of farm decided by
the plaintiff 10 defendant jackson, (her
PENDANT should reside on the farm, fur
nish support for the plaintiff, carry on
the farm Ia n husbsndlike manner, etc.
The plaintiff asserts that the conditions
of the deed have been violated; that
Jackson did not reside on the farm, but
went away and left il 10 be run by one
Mrs. Young, who kept house for him (;
that her support had been only partially
provided Tor; and that the farm had not
been carried on Ia husbandlike man
ner. Defendant asserts that all the con-
ditions of the deed have been fully per-
formed The evidence disclosed con-
dition of affairs which could not be called
happy aud harmonious. Verdict for
plaintiff. The case goes 10 the law court.
=. ;. Stearns and Wright for plaintiff;
Smith for defendant.
RAERoWS ". STEVENS.
James II. Barrows W. c. c. Stevens.
Parties reside la Bethel, and Mr.. Bar
rows is treasurer of the Bethel Chair Co.
This is II repleyin suit brought 10 recov-
er possession of pair OF work horses,
harnesses and sleds. The defendant took
a contract 10 haul al amount OF lumber
for the Bethel Chair Co., buying his
horses of II. &. Philbrook and giving
him note and mortgage on the horses.
Mr. Stevens became unable 10 meet the
payments on the note, and Mr.. Bar
rows, TO keep him going, endorsed the
note aud took an assignment OF the mort
gage. Later the money 10 pay the Phil
brook note was obtained of a Mr.. Little
hale, and note was given 10 him, MIR.
Barrows being responsible for the pay
understood that when the Philorook
note WAS taken up. the mortgage should
be- released, but Mr.. Barrows declines 10
release il as long as he is responsible for
the payment OF any note. The harnesses
were furnished by an order from MIR.
Barrows, and the sleds were built by
both parties jointly, the plaintiff MAIN
tanning that they were 10 remain his
property, while the defendant denies any
such understanding. The jury awarded
possession of the horses To the plaintiff,
the harnesses and sleds TO the defendant.
Herrick for plaintiff; Wright for defend
ant.
The above, the last case tried, was
concluded Friday night, and the jurors
were finally excused; and court adjourn
ed finally Saturday morning. The court
was in session seventeen days-one OF
the longest terms on record. and con-
siderably the longest May term ever
held. IL was busy term, too. Ii
worked every day and all day. and the
Jury worked nights. There were no
days or half days Of loafing or waiting.
NOTES.
The portrait of Judge whitehouse has
been placed in the library.
The case of Dudley VS.. the Poland
Paper Co. goes 10 the Law court.
George Polsnd did not appear. and his
bondsmen-James B. Poland and John
NJ. Dorr-were defaulted.
la the case of Henry Blake, young
ster who WAS brought up for assault and
battery, the action was mol pressed, and