The Somerset reporter. [volume] (Skowhegan, Me.) 1868-1909, 1897-12-30

CHARLES o. SMALL, County Attorney.
A. II. SMALL, Stenogrd pher
s. P. vtlRs, Sheriff.
BLAINE s. VILEs, Messenger
Day ct al VS. Cain was on trial, Thurs
day afternoon, and proved to be a brief
case The suit was brought to enforce
judgment recovered in Minnesota.
After the evidence was in the court de
cided the defendant had never been
within the jurisdiction of the Minnesota
court and directed the jury to bring in a
verdict for defendant.
Forrest Goodwin for the plaintiff; +.
n Merrill for defendant.
The grand jury, Friday morning, re-
ported Il indictments. Two against
Fred S. Benson for embezzlement or
larceny; two against George c. Frederic
for selling cigarettes; one each for
breaking and entering against Charles
Price and James Bolan; one each liquor
nuisance against Geo. w. Beal, Sam'l.
B. Brooks, Everett b. Quint, Selden c.
Scammon, Frank Nj. Cotton and Harry
l.. Williams.
The Pttsfeld schoolmaster abuse of
pupil case, La Forrest j. Humphrey VS.
Frost 2. Bailey that was expected to
come up for trial Monday, was settled
without trial.
S. f. Green VS. A. A. Adams, account
for medical services. This account in
cluded an item of interest, the payment
of which was the issue. The defendant
claimed that by agreement he was to be
defauted for balance of account with
out interest The verdict was in favor
of plaintiff for the sum of S3427 which
does not include interest claimed by
plaintiff
T. j. Young for plaintiff; A. Simmons
for defendant.
The following cases were disposed of
Monday without trial:
VIM. G. Heselton vs. Forrest l.. Ad-
ans, VIM. Brackett ct al vs. Walter A
Rogers, were defaulted.
jeremiah }. Walker VS. Elmer L. Tav-
lor, and George ". Hall vs. Somerset
Traction Company were entered neither
party.
Samuel Smith VS. Maine Central Rail
road Company, plaintiff non suit,
Augustine simmons, Esq, and Cyrus
Luce, referees in the cases William Par
sons VS. Benjamin f. Bartlett and Hiram
A. Plummer, and the same vs. harles
II Bartlett, have rendered verdict for
the defendant In each case. The de-
PENDANTS are owners of mills for the
manufacture of lumber at North New
Portland village on Gilman stream. The
plaintiff has farm on the stream
about two miles below the mills He
brought actions aga INST the defendants
for damages resulting from the deposit
ing of saw dust and refuse wood from
- Ito 10 iff n hn a. 6,
was an easement or right acquired by
more than twenty consecutive years of
use of the stream for depositing the saw
dust and refuse wood in it. The plant
if admitted that he had suffered this
damage every year for thirty years that
he has lived ON the farm and that he
had never complained of it to the mill
owners until be brought these suits
The referees found that the defense of
adverse user for more than twenty years
was established under the law applca-
BILE in such cases and so rendered YER
diets for the defendants
George w Cover for plaintiff; Walton
& Walton for defendants.
Clerk of Courts Brainerd on Tuesday
received from the law court rescript in
the case {. w. Woodruff VS. f. W. Hovey
ct al as follows: Bill dismissed. The
court considers that plaintiff completed
his contract and that his work was ac
cepted by the party with whom he made
the contract on the 22nd of June, and
that he did not seasonably thereafter
secure his lien. A hen once lost cannot
be recovered by subsequent work.
Tuesday, James Boland and Charles
Price were arragned upon an indict
ment charging them with breaking and
entering, in the night time the residence
in Starks, formerly the home of the late
Stephen d. Greenleaf, last October
They pleaded not guilty, and the case
was tried, County Attorney Small ap-
pearing for the state, and Forrest Good
win for the respondents, appointed by
the court. The jury returned a verdict
of guilty and the respondents were
remanded for sentence.
Henry c. Rice, assignee, VS. Corydon
NJ. Jewett, action on the case to recover
for goods furnished by one Everett to j .
II. Baker.
Everett testified that in October, 1894,
he refused to furnish more goods to
Baker and that thereupon Jewett told
him to furnish what goods Baker desired
Under this agreement Everett says he
furnished goods to Baker until Deem
Der, 1895, when Baker went into insol
vency; that afterwards Jewett refused
to pay the debt of Baker to Everett
Everett at later date became financially
embarrassed and assigned all his ac-
counts to II G. Rice of DeeriUg, who
brings this suit for the benefit of credi-
tors of Everett.
Deft. denies that he made any promise
to pay as alleged, but claims that at one
time he told Everett he would pay for
such goods as he should enter upon a
certain pass book furnished by Everett,
and that he told Everett not to let Baker
have any goods on his account except
such as he should put on the pass book.
j. W. Manson for plaintiff; Walton d
Walton for defendant. Verdict for de-
PENDANT.
The following cases were disposed of
Wednesday,
Baisdell VS. Lascelle was entered
neither party,
Bracket ct al Us Rogers. Default
was taken off and entered neither party.
Andrew S. Neil was granted divorce
from Minnie Neil
The Atlas National Bank, Boston. VS.
M. T. Pooer. Suit to recover on a note
of $4,000 endorsed by Mr.. Pooler. On
trial S. $. Brown and c. w. Hussey
for plaintiff; F.. n Merrill for defendant.
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