Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1897-05-11
SUPREME JUDICIAL COURT.

Vlncinx argument In oehal1 OF the gooc
cause.
SUPREME JUDICIAL COURT.
MAY TERM. 1897.
VIM. L. whitehouse, Presiding Justice
Charles r. Whitman, Clerk
!. ;. Estes, Stenographer
John y Harlow, County Attorney.
Fred 4. Porter, Sheriff.
Henry L. Hammond, Crier.
". A. Burrows, Messenger,
III. T.. Davis, Librarian.
With due formslity court opened Tues
iay morning. Prayer was offered by
Rev. Mr. Rsmsdell OF the South Paris
Baptist church. There being no grand
Jury in attendance, the ceremonies OF
organization were short, the single
traverse jury being empaneled as FOL
lows:
LII McCollister, Canton. Foreman
Henry ". BOnney, sumner.
Pes ley :. Brown. Browntcld-
Albert Caswel. Waterford.
Isaac Davis. fryeburg.
{. G. Farnum. pixheld.
Lucicn Foster. Paris
Inward n Hanson. Hiram.
Charles Il. Harlow Bnckaeld.
Mason W. Hastings. Bethel
Colman y. Lord. Norway.
:. J. Record. oxford.
sUFERNUNERARIEs-
John T. Rounds, Porter.
Ora ". saunders. Albany,
John =. Talbot. Andoyer.
AlgernOn G.. Walker, Lowell
u. y. hicnan, Woodstock.
Joseph W. Simpson Of Rumford was
excused from serving.
The first forenoon was taken up with
the calling of the docket.
GILBERT ". SMITH
The trial Of the case, Mary +. Gilbert
vs.. Charles l.. Smith. was begun We'd
nesday morning. The defendant Is the
proprietor OF the tsnnery AZ Canton,
operated by his son, l.. W. smith, and
the water power connected herewith.
The plaintiff owns a store, situated near
the end Of the defendants dam. The
stream furnishing the power Is the out
let OF Lake Anasagunticook, and the
upper dam holds the water OF the lake.
la the freshet Of Feb. 10Th and March
LIT, 1896. a portion of the defendants
dam went out, and the plaintiffs store
was damaged By the water, 10 the
amount, il Is claimed, Of sl200. For
this damage the plaintiff nov brings suit,
alleging that the dam was not properly
constructed; that the water in the pond
had been kept at too great height dur
ing the winter: and that the water was
not properly controlled - il might have
49,, . ,b.. ,,,a 90 (. ha dams during
the freshet which caused the damage.
The defence on the other hand contend
that the dam was properly constructed
tha; the water in the pond had been kept
rather below the usual height during the
winter; that every possible effort was
made 10 take care Of the water 10 the
freshet; and that the magnitude OF the
freshet was so utterly beyond anything
in the memory OF man, that no man
could have foreSeeu IL or been prepared
20 prevent the consequences Of 1t.
Wright aud Judge Savage were couu-
sci fer plaintiff; Hersey aud Ex-Gov-
ernOr Cleaves for defendant. The par
ticipation Of such eminent counsel added
somewhat 20 the interest OF the case
but the case in general moved slowly,
and was not % much interest TO the
general public. About fifty witnesses
were sworn. and the case WAS not given
70 the jury until Saturday afternoon.
This case was Of special importance
because considerable other property, be-
sides that OF the plaintiff, was damaged
by the same cause, making this test
case.
Verdict for defendant.
THIS WEEKS BUSINESS.
Some fifteen or twenty cases remain
on the trial list. and the rest of the week
will probably be taken up with them
OF the cases assigned for Monday, II
was thought Monday morning that none
would come 10 trial. la addition To the
Jury trial list. there are number OF un-
assigned cases To be heard by the court
including the contested divorce cases OF
Louisa K. H4zelton W. Geo. W. Hazel
ton, aud Sarah J. Swan vs.. Jonas W
Swan. just how much time these vii
take of course can not be told.
NOTES.
The deputy sheriiis in attendance arr
Cross Of Norway and Penley OF Bethel
Lila II. Briggs Of south Paris has beer
granted divorce from Fred c. Brigg'
for desertiou. Custody Of children Il
libelsnt.
Emma B. Gray of Brownfield has beet
granted divorce from Daniel NJ. Gray
on the ground Of non-support. Custody
Of minor child TO libelant.
For the defence in the Gilbert Smith
case. thirty-twO witnesses were called III
and sworn 1T one time. Judge white
house remarked that it was the longes
string of witnesses he had ever seel
sworn &C one time.
The Gilbert-Smith case is probably tn
last one in which Judge Savage will ap
pear as advocate. Notice OF MS ap
pointment TO the supreme bench was re
eeived during the progress OF that trisi
aud Judge Savage was the recipient
many congratulations.
In the Rumford Falls equity case
/ Foster OF ais VS.. Gates, 20 enforce liel
for labor aud materials, which case wa
referred TO Judge Enoch Foster aud II
which the plaintiff claimed s2sJ5, JUG
Foster allows s2225. NJ. L. Frank 10
plaintiff. A. +. Stesrns and Geo. II
I Bisbee for defendant.
Two candidates for admission to To
hsr have been given written examination
during the week. They are MT. T. "
simpson. who has been studying Wit
Uerrick & Park of Bethel, and Albert )
Stearns. who has been studying Wit
.Indse :. :. Stesrns Of Norway. In
Eexsmining committee consists Of Judg
George A. Wilson, James $. Wright an
Addison +. Herrick. The candidate
win be given oral examination In coul
some time this week, at the eonvenienc
of the court
LAW COURT DECISIONS.
Two decisions of the law court IN tn