The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1899-07-18
THE COURTS.
Law COURT CoNvENEs TODAY.


The Low court oonvenes In it's July
term for the Western District this morn
ing In the Supreme court room, City
building. The sitting judges will be
Chief Justice Peters, Associate Justices
Haskell, Wiswell, Strout. Savage and
Folger. Including appealed liquor cases,
S65 actions are now entered. 1t Is expected
that the term win last about three weeks.
Among the matters to come up will be
the Parks murder case from York county,
exceptions being taken TO Judge Wis
wells ruling that the defencs Of insanity
was required to be proved beyond
reasonable doubt, the controversy involv
ing the right Of the Blddeford Police
Commission to remove police without
formal hearing, the motion for arrest OF
Judgment In the case of Elmer Snowman,
the Rangeley guide convicted Of guiding
without a license; tina suits between Win
torport and its water company; case of
John +. Proctor Va. Maine Central relat-
Ing to possession of land on Fore River;
case of w. Gertrude Jones agaisnt city of
Deering arising Out of damages recovered
ON sidewalk, etc.
THE MUNICIPAL COURT.
Judge Hill had a busy time in the
Municipal court yesterday morning.
Twenty cases of drunkenness were dis
posed Of.
Willie Gibson, col 1rsd, who was ar
rested on the charge Of vaaranoy and who
claimed to be afflicted with blindness,
succeeded in convincing the court that
something was amiss With his sight and
his jail sentence of sixty days was sus-
pended during good behavior.
:, John ]. Simpson was fined IS and costs
For asfaulting Alexander McDermott with
suspension Turing good behavior.
Mary Jinnis, convicted of being COM
mon drunkard, was awarded a term of
ninety days in the house of correction.
For drunkenness and disturbance Mary
Daniels received similar sentsnce.
Angelo Ambrose was arrraigned on the
charge of assauiting Reil Ambrose and
Judge Hill found probable cause to hold
him for the consideration OF the grand
Jury under $500 bonds. In default of
snreties he was remanded to Jail.
CASE INVOLVING LIABILITY ON
BOND.
:. An opinion was rendered In the United
States Circuit court by Judge Putnam.
Monday, In the case of Ths American
Surety company of New York VS.. the
Lawrsncevills Cement Co. ct ais.
William Morgan of Trenton, N. j., in
1897, contra cited with thu United States
for part Of the fertilization work on
Great Diamond island, and gave the
United States, as security for the per-
formance of his contract. bond in the
penal sum of sis, 900, with the American
Surety compan y as surety. The statute of
the United States of August 10, 1924,
provides remedy on this bond for all
persons who furnished Morgan with
materials aud labor for the WORK, who
have not been paid for the same. There
upon, q large number of suits, about
eighty in all, were commenced in this
court against the American Surety COM
pany by the labors and material men who
had not been paid by Morgan, and some
suits wsra brought in the United States
Circnit courts In other districts; and
there are still other unpaid creditors of
Morgan whose olaius have not been put
IN litigation.
Thereupon the American Surety COM
pany filed this bill, alleging that these
claims exceed the penal amount of its
bond, and that in addition thereto, the
account of the United States Is unsettled,
and the balance may be for or against
them; that it Is ready to pay all Just
claims, but is unable to determine whom
TO pay, and asking the aid Of the court in
marshalling the claims and directing pay.
ments.
The bill was demurred to. and hear-
Ing on the demurrer was lad ON May 10,
last, .
The court now holds that all creditors,
including the United States, are to share
in the penal amount Of the bond pro rata;
shat 1t has jurisdiction TO marshal the
claims SO far as suits in reference .the,eto
have heen brought in this court, and to
direct pro rata payments thereon, and for
shat purpose to onjsin the further prose-