Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1896-05-12

marks and observations at various points
along the outlet and the shores Of the
pond. The position Of the defendant
company is that from portions Of the
old wooden dam still remaining, 1t Is
clearly manifest that the new dam Is q
trife less than two feet higher than the
old dam, and that they had never used
the full two feet of flOwage which they
purchased In 1868, until the completion
OF the new stone dam in 1889.
The Importance of the case rests not
upon the comparatively small amount at
issue in this one suit, but upon the large
amounts involved In the claims Of other
land owners around the pond II their
claims are shown TO be good. The
plaintiffs counsel are +. Ii. Andrews OF
Oxford, j. NJ. Libby Of Mechanic Falls,
and Noble 4 Crockett Of Lewis
ton; the defendants, Symonds, Snow Il
Cook and c. +. Libby of Portland, and
Andrews, Libby and Noble for plaintiff,
Libby, Swasey and Cook for defendant.
Wednesday forenoon was occupied In
opening the case and outlining the posi-
tons Of the two parties, and In the after
noon the Jury was taken TO Oxford TO
view the premises. The introduction OF
testimony began Thursday morning.
The plaintiffs testimony occupied
something more than two days, the in
PRODUCTION OF the defendants testimony
beginning during the forenoon of Satur-
day. Some of the evidence Is In the
form of dispositions and testimony taken
in the hearing Of another case involving
the same issue OF fact, which was brought
by the town of Otisfield against the
Robinson Company, a year or two since.
The evidence is not all in yet, and the
case will not go 10 the jury before some
time Tuesday at the earliest.
THE GRAND JURY MATTER.
County Attorney Smith thinks he is
getting more digs than the occasion re-
quires, In connection with the summon
ing OF the grand jury, which some think
should have been done at this term. The
act of 1855, as amended in 1889, provides
that the May term
= shall bc held without grand jury, and
with only one traverse jury In attendance. unless
otherwise specially ordered by any judge OF said
court. All rcogniEanccs AMI other criminal
processes. made rCturpable 20, and 10 have day
In said May term. when no criminal BUSINESS l.
shall DC continued to, aud have day
In the next term OF said court held In said coun-
".
Since the establishment of the May
term, the grand jury has been summon
ed for il only once. At that time man
was In Jail charged with murder. for
which he could not be admitted 10 bail
In any sum, and a large number Of Others
were confined In default of large bail.
At the opening of the present term,
the county attorney submitted list OF
the prisoners To the court, and the court
decided that II was not necessary 10 sum
mon the grand Jury Under those cir
the county attorney does
not feel that the entire responsibility
rests on his shoulders, though he con-
ours in the judgment of the court.
There are six prisoners now in jail
bound over to the grand jury, the amount
OF bail being In the several cases from
$500 10 $500. As far AS the matter of
expense l. concerned, IL none Of them
secure ball. their board during the inter
val will amount 10 $3.50. The expense
Of session OF the grand jury
averages about $3.50 for the pay OF the
Jurors themsclvc aside from the matter
Of incidentals and extras, extra officers,
etc The length Of time already coniin-
ed in iiil usually serves To some degree
in mitigation Of a prisoners sentence,
so that. all considered, IL is doubtful IL
the present arrangement will cost the
county cent more than IL the grand
jury were summoned.
NOTES.
Hon. u. j. McGillicuddy Of Lewiston
was in court saturday.
Douglass London, who was bound
over on the charge Of deirauding an inn
keeper OF between three and four dollars,
was Saturday morning admitted To bail
in the sum OF 500 and released.
When this term of court will adjourn
l. at present problematlcal. The first
case takes week, and there Is quite u
trial list to follow. The term won't ex-
pire By limitation, but II will probably
adjourn some time.
Saturday morning Edward Thrush
WAS arraigned aud pleaded guilty 10 two
charges, single sale and common seller.
He was fined $50 and costs for the single
sale, 500 and costs a. common seller.
lie has no money, and will board out
both sentences.
\ 7-year-old boy, the son Of Mark
Swan of Bethel, was before the court
Tuesday on an appeal from trial justice
court, which convicted and fined him for
assault and battery in throwing stone
at another boy. Judge Whitehouse dis
charged the boy.
Among the attorneys from other bars
present during the week were Gen. 4. ;.
Twitchell OF Gorhsm, y. H., Mayor
Noble of Lewiston, Hon, Charles +.
Libby. Harry Virgin, Chas. ;. Cook aud
c. \. Hight of Portland, Hon. \. ii.
Walker OF Bridgton, and Geo. +. Clifford
OF Cornish.
Uncle Joe Holden was advertised to
deliver lecture on his system OF
astronomy la the court room Al o'clock
SATURDAY. afternoon, but Sheriff Porter
decided that he wouldn't have two
shows running at the same time, and
the class in astronomy was adjourned
without day.