Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1901-10-22
SUPREME JUDICIAL COURT.
OcroBERTERn. 1901.

SUPREME JUDICIAL COURT.
OCTOBER TERN, 1901.
Hon. A. r. Savage, Justice Presidin
Charles 2. Whitman, Cler
Charles W. Small, Stenographe
Ellery C. Park, County Attorne.
James r. Tucker. Sheril
II. e. Hammond, Deputy a. erie
H. c. Davis, Librarian
|W. A. Barrows, Messenge
JEwErr vs.. RIDLEY.
The trial of the case, James F. Jewel
vs.. Charles T. Ridley, was begun Q
Monday. Jewett lives in Buckfielt
Ridley now lives in Brunswick. Tn
action was brought to recover fo
services as clerk at Hotel Long In Bucl
field from November, 1900, to July, 190l
also for the use of the furniture In tn
hotel for the same time. Mr.. Ride
went to Buckfield in the fall Of 1900 an
took charge of the house under an al
rangement with Mr.. Jewett. What tn
arrangement actually was Is the quet
tion. Jewett claimed what he consider
ed a reasonable price for his services
The defendant asserts that he was +
have the use of the furnishings and wha
services Jewett was pleased to rende
for Jewett's board. BRIGHAM TO
plaintiff; F. R. Dyer for defendant. Tn
jury returned a verdict for defendant
STATE vs.. INGALLS,.
The trial of Elmer Fl. Ingalls, on an in
dictment for liquor nuisance was mex
begun. Mr.. Ingalls, in January of thi
year moved from Portland to the farm
in Riley plantation, formerly owned b.
Greenleaf Emery. In May Sheriff.
Tucker and Penley made search at TIT
place, and found small quantity o.
liquor and a large quantity of empty
bottles and kegs. Considerable testi
mony was introduced, given by ap
parently rather unwilling witnesses
tending to show that the place was re
sorted to frequently for drinking, ant
that liquor was always there.
The respondent denied having solo
any liquor. The alcohol seized by the
sheriffs he said he had for bathing, and
the rest of the liquor seized was fol
family medicinal purposes. Most OF the
empty bottles and kegs were left there
by the former occupant. Ingalls, ad
mitted on crOss-examination that nine
barrels of liquor was seized at his stable
in Portland last fall.
The respondents case was we'll manag.
ed, but the jury, after being out about
three hours, returned a verdict of guilty.
ingalls, then settled, not only on this in
lictment, but on single sale and a
common seller indictment, the total OF
fines and costs paid in the three cases
being 1855.
Park, county attorney, for state;
Meaher of Portland for Ingalls,.
Alphonzo Penley of Bethel, indicted
Tor the larceny Of bear trap, pleaded
1olo contendere and paid a fine of $50.
His statement of the matter Is that he
found the trap, which had been lost, but
had neglected to return it to the owner,
whom he knew.
Charles Il. Coburn of Bethel, who had
appealed from a sentence for intoxica-
ion imposed by trial justice, appeared
md withdrew his appeal. He was given
he original sentence, ninety days In
all.
BARNES vs.. RUMFORD.
The trial of the action, N. Abbie
Barnes Va. Inhabitants of Rumford, was
Begun Tuesday forenoon. This case was
ried at the October term of court in
900, and the jury, after staying out
Until midnight, reported disagreement.
The action was brought to recover for
damages sustained in an acct
lent on the highway in the town of
Nov. 1st, 1899. Mrs. Barnes,
Who is the wife of DR.. w. W. Barnes,
md lives in Andover, had been to Bos-
on, and on her return she and some
'ther passengers were met at the Bry-
Int's Pond station by A. w. Thomas
# Andover with a pair of horses
md three-seated carriage. The peO-
lie arrived on the afternoon train,
md the weather being cloudy and some
What rainy, by the time they reached
Point it was quite dark. In
irving on the road between Rumford
Point and the Ellis River bridge, oppo-
lite the house of Mr.. Barker, one of the
wheels dropped into hole which was
lear the wheel track. All but one of the
of the carriage were thrown
tut, but only Mrs. Barnes was hurt. She
vas unconscious when found, but short
y regained consciousness. Her left arm
vas broken at the wrist, her right arm
vas broken at the wrist and near the
and the shoulder was dis
coated. AS the result of her injuries,
he had to give up her business as a
nilliner, and after spending several
months in bed, has only partially recov-
red the use of her hands, is greatly
'educed in flesh, and il pronounced by
he physicians to be suffering from
curvature of the spine, and permanently
crippled. The amount named in the
writ is $4,000.
The hole which is asserted by the
plaintiff to be a defect in the highway
vas shown to extend alongside the road
or several feet. At the end of cul-
'ert, a few feet from the place where
he wheel went over, the edge OF the
,ank is three feet from the wrought part
If the road, and there is drop Of three
eet. At the point where the wheel
vent over, about five feet from the cul-
,ert, the bank was eighteen inches from
he edge of the road, and there was a
lrop of twenty.one inches. Where
Mrs. Barnes was found was considerably
over three feet below the level of the
.oad. The place was not guarded by
my rail, log or other guard, and had
not been for some years.
The defence do not attempt to deny
The seriousness of Mrs. Barnes injuries.
They do deny that the condition Of
The road was such as to constitute de-
fect, and they also say that no town
officer had had the twenty -four hours
actual notice. required by the statute.
The plaintiff did not allege that any
town official had been notified that the
road at this point was dangerous, but,
10 establish the fact of notice, depended
upon evidence that the officers of the
town, in charge of the roads, frequently
passed over the road at this point. This,
the defence asserts, even If defect ex.
listed, is not the kind of notice required
by the statute. Defence further con
tends that the hole into which the
wheel went was made by the team itself
and did not exist until the team got out
of the travelled part of the road ant
broke the bank down. They also argue
that by Mr.. Thomas own testimony h
"knew there was a bad place in the roat
there somewhere" and that he had
wagon the seats of which were no
properly fastened down.
Numerous photographs Of the scene o
the accident, from several points o
view. and photographs of the wagon