Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1899-05-09
FIRST JURY.

ed as follows:
FIRST JURY.
| Daniel ,. Fox, Porter, Foreman.
Alfred r. Clark. Albany.
Everett X. Day, Rumfcrd.
Albert X. Dean. Paris.
Samuel Dudley, Oxford.
A. +. Heath. Gilead.
Henry ID. Irish, Buckfeld.
MAndall A. Lebarron. Lowell
Arthur A. Noyes, Greenwood.
Horace &. oxnard, Norway.
Alvin r. Perkins, Rrvwnheld.
A. w. Robbins. Roxbury.
srPERxuxERARIKs.
O. W. Robbins, Woodstock.
Henry T. Tirrell, Canton.
L'cwellvn A. wadsworsh, Hiram.
Austin Wheeler, Bethel.
George l.. Warren Of Waterford, WHIT
had been drawn As Juror, was not pres
ent. and James Hobbs Of Fryeburg, wht
was present, was excused from service
There was q good attendance Of sttor
neys, aud on the call Of the docket thu
work Of the term was laid out with dis
patch. A trial list Of twenty or more
cases was made out, and assignment,
were made covering all Of the first weef
and part OF the second.
3 Contrary TO the usual state Of affairs
a case was ready for trial the first day
Of the term, and after dinner Tuesday
work WAS begun upon
JACOBS vs.. PARIS.
This was an action brought by VII
liam W. Jacobs of Paris, against the
town Of Paris, to recover damages fol
injuries to himself and his horse, caused
by breaking through the bridge ove'
what IL known as the Mineral Spring
Brook, In the eastern part Of the towu
Of Paris, on the cross road running
between the main road leading from Pari:
Hill 10 Buckfield, and the road leading
from South Paris TO Buckfield. On the
Sd day OF May, 1898. Jacobs was at WORK
with his team for David Bouney In the
eastern part OF the town. They returned
10 South Paris over this cross road,
on 10 the bridge-which Is small one,
only about six feet between sbut-
ments-the stringer on one end OF the
bridge broke, letting the wheel through.
Mr.. Jacobs was thrown from the wagon
seat down into the bed Of the brook, and
one Of the horses was pulled against and
on 10 him, pinning him down. Mr.. Bon
ney. who was with him, FASTENED to re
lease him, and with assistance from
some OF the neighbors they reloaded the
wagon and proceeded homewsrd.
Mr.. Jacobs claims that In the accident
he received injuries 10 his hip and back
which rendered him unable TO do any
work for some weeks, and unable TO do
any heavy work for long time; indeed,
that he has never fully recovered from
the effects.
HIS horse WAS also lsmed, reducing
the value OF the animal, according In his
estimate, SIS to 500. The horses were,
a few days after the accident, replsvined
by Jonas Edwards, Of whom he hsd
bought them, and he lost what he had
paid on them.
II Is also asserted by the plaintiff that
the town had had, before the accident,
repeated notice OF the rotten condition
OF the bridge. Frank A. Briggs, son Of
Joseph Briggs, who lives near the
bridge, testified that he notified Henry
ID Hammond, chairman OF the selectmen,
OF the condition OF the bridge during the
fall Of 1897; that on the first dsy OF
April, ls9S, he went into the assessors
Office with Melvin Il. Morey, and notified
the selectmen, who were all present, OF
the dangerous condition Of the bridge;
and that be had also notified Roscoe
Tuell, road commissioner of the town,
that the bridge was unsafe, before the
accident occurred.
TIE defence does not deny that Mr..
jacobs broke through the bridge, or
sllege sny lsck Of care on his part; bot
IL does say that he has exaggerated the
injuries 10 himself. as according to his
own statement he hsd consulted doctor
only twice. As 10 the horse, Ii II assert
ed, and considerable evidence was intro
duced 10 support Of the assertion, that
the horses l4meness Was completely
healed In few days, and thst the de-
probation In the value Of the horse dur
ing the time Il was owned by Mr.. Jacobs
was due only to Its poor condition OF
f-sh.
With regard 20 the notice, II Is posi-
lively denied that the town had any
previous notice of the unsafe condition
OF the bridge. The several officers TO
whom Nr Briggs had spoken all testi-
fed that his complaints 10 them related
TO the lack OF railing at the bridge over
Stony Brook, on the same cross road,
but at some distance from the Mineral
Spring Brook bridge. When Mr.. Briggs
and Mr.. Morey came into the assessors
Office on the first day Of April, their
business was in relation 10 an accident
In which Mr.. Morey's horse had gone
down over the embankment at the Stony
Brook bridge; and the three selectmen
stated thst that was the only bridge OF
which Mr.. Briggs made any complaint
10 them. Mr.. Briggs answer TO this, rs
brought out on cross-exsminstion, was
that the conversation related 10 the un-
safe condition Of both bridges IS well as
the rosd.
The case was not given to the jury
until Thursday morning. They returned
a verdict for plaintiff for $50.
Swssey for plaintiff; Wright for de-
fence.
THE CUsHMAN CASES.
Thursday afternoon n hearing was
given By the court on the suits brought
against the executors Of the will OF the
late Vim. T.. Cusbmau Of South Paris.
These suits were on promissory notes
signed by Mr.. Cushman, and were
brought BY c. +. McArdle, j. +. Nc
Arale, Lila NJ. Ray, Ann X. Ray and
n. DAYTON Bolster, the note on which
Mr.. Bolster sues having been originally
given 10 w. c. McArdle, and negotiated
by him. :.
These suits are the outcome Of an EVIL
dent attempt BY Mr.. Cushmsn TO avoid
litigation after his death by disposing Of
his property himself. The matter has
previously been somewhat explained.
Mr.. Cushman some time before his death
delivered TO each of these several parties
an envelope numbered and containing
certain securities, taking receipt from
each one, with the provision that he
should receive the income himself during
his lifetime, and should be allowed TO
change the papers In the envelopes as he
pleased, IL the total amount was not re-
duced. In his will he beQueathed to
these several heirs the contents Of the
envelopes In their possession, naming
each by number without any statement
"a 20 its contents. Later he assigned the
mortgages and other securities In these
envelopes to the respective persons who
had them In possession.
After the death Of Mr.. Cushmsn, suits
were brought by the executors, Mrs
Cushman and II. c. Davis, to recover
from these several persons the securities
delivered to them by Mr.. Cushman