The Somerset reporter., 1898-01-06

CHARLES o. SMALL, County Attorney.
A H. SMALL. Stenographer
E. P. VILEs, Sheriff
BLAINE s. vILEs Messenger.
Charles Price and James BOland, who
were recently found guilty of breaking
and entering in the night time a vacant
house in Starks, went before Judge
Strout, Thursday and were each given
four months at hard labor in Auburn
Jail.
Atlas National Bank of Boston vs. M.
T. Pooler, action on a prOmissory note
for $4,000 given by G.. F. Pooer and en-
dorsed by NJ. I. Pooler, the defendant.
Defendant admits endorsing the note
but claims that notice of demand and
non payment was not seasonably given
him.
Plaintiff claims that soon after the
note was given the promisor obtained
and furnished to the bank a written
waiver of demand and notice; that that
waiver has been lost, but its existence
and contents were testified to by the
cashier of the plaintiff bank, Mr.. Foster,
and by the National Bank Examiner,
Mr.. Getchell.
Defendant and and G. F. Pooler both
denied the existence of such waiver.
Verdict for plaintiff, $6,691 o. S. S.
Brown and G. w. Hussey for plaintiff.
E. N. Merrill for defendant. The trial
of this cause began Wednesday after
noon, and the verdict was returned Fri
day.
E. N. Merrill vs. Chas. G. Follett,
action on promissory note for $3.50.
This is note given in connection
with other notes and mortgage by
Alonzo Hurd, Chas. C. Follett and
Nelson E. Hurd the mortgage being on
a certain farm in Fail field, formerly
owned by Jos. T. Richardson. Mr..
Merrill was obliged to take the farm and
claiming it was not sufficient value to
pay the claims which he held, he sued
Mr.. Tollett ON this $3.50 note.
Defendant contends that part of the
claims held by Mr.. Merrill were against
Nelson H. Hurd alone, and could not be
included in the amount if the debt to be
paid by by the value of the farm; and he
further contends that the value of the
farm was sufficient to pay all the in
debtedness for which he was liable.
Verdict for plaintiff for $201 So. d.
D. Stewart and E. N. Merrill for plain
tiff. Chas. F. Johnson for defendant
The second jury and supernumeraries
were excused from further attendance
Monday morning.
Fred S. Benson, indicted and convict
ed of embezzlement of $240 of the
money of Frank Holt of South Norridge-
wock, has been sentenced to one year in
the States prison. Benson, it will be
hav hot in
trusted to him to take to the bank in
Skowhegan for deposit and went to Leo
minister intending to go toEngland.
In the case of Rice VS. Jewett, tried
last week and in which verdict was re-
turned for the defence. Mr.. Manson,
attorney for Mr.. Rice submitted
motion for new trial and argued it be-
fore the court Walton & Walton, at
torneys for the defence, opposed the
motion for a new trial. The motion
was denied.
In the case State VS. Clarence Clark,
convicted at the last term for shooting
horse; motion for new trial because of
newly discovered evidence was made by
his counsel, Forest Goodwin. Evidence
was taken out before the court and
new trial granted.
In the equity suit, Z. N. Merrill, as
signee in insolvency of +. S. Cairns VS.
Forrest Goodwin, Mr.. Cairns attorney,
to compel him to turn over to the assig
nee certain notes and an account as
signed to Mr.. Goodwin to secure his
fees in the insolvency of F. s. Cairns,
decree was entered allowing Mr.. Good
win to retain the sum of $75 for his
services and requiring him to turn over
the balance to the assignee.
E. N. Merrill for plaintiff; Walton &
Walton and Goodwin for defendant.
The report of Judge Wiswell, referee
in the case East Pond Manufacturing
Company VS. william L. Haines ct al,
awarding judgment for defendants, was
accepted.
The following cases for violation of
the prOhibitory law were disposed of:
William &. Chandler, 5000 and costs;
William Howard, 5000 and costs; Geo.
B. Fairgreves, 800 and costs. Six
liquor sellers paid costs and their cases
were continued on promise that they
would go out of the business.
The following divorces were granted
during the term:
Francs r. McCarty from John Nc
Carly; Andrew 5. Neil from Minnie
Neil; Hattie II. Webb from George ii.
Webb; George M. Savage from Eugene
NJ. Savage; Jennie j. Tobey from Geo.
A. Tobey; John Owens from Helen K.
Owens; Edith b. " ebster from Leon
Webster Florence L.. Nutting from
Charles W. Nutting; Uriah Grover from
Emily Grover; Lucy Pooler from Saw
age Pooler.
Clerk of Courts Brainerd has received
the following case from the law court:
Benjamin D. Bowden vs. Michael Dugan.
Savage, j. Rescript: A mortgage of
animals may subject them to lien for
feeding or sheltering them under X. s.
CHI. 81, par d., by his consent. The
defendant, livery stable keeper, claimed
to hold horse against the plaintiff who
tue of the statue r. ). eli. 81, par. Al,
for its keeping, etc. The plaintiff de-
mics that the defendant has such a lien
because the feeding and sheltering were
not furnished "by virtue of contract
with or by the consent of the owner"
1t appeared that the horse had been left
with the defendant by the mortgage on
January Is, 1896, and that subsequently
the defendant notified the plaintiff of
his claim. On March 8 the plaintiff
replied: The horse is holden for his
feed, you can proceed legally to get
your pay from the horse. Held that the
horse was therefore held by the defend
ant by virtue of plaintiffs consent, and
that the defendant had valid lien for
all board and shelter after March 8; but
that the defendant acquired no lien as