The Somerset reporter. [volume] (Skowhegan, Me.) 1868-1909, 1902-01-16
Somerset y. j. Court.
DECEMBER TERM, 1901


REuEL b. SMALL, Stenographer.
f. T.. PENHELL, Sheriff.
HIRAM THING, Messenger.
DEPUTIES: r. L. Harding, Madison; c. Is.
c. f. Ham, Bingham; F. s. Parsons, No. Arson ;
{. II. Jones, Athens; /. W. tarrand, Norridge-
wock; f. +. Caswell e. New Portland: SIDNEY
T. Baker, Soloni {. L. Duren, Fairfield.
The case of Rachel York VS. Inhabi-
tants of Athens which was on trial in the
supreme court beginning Monday morn
ing, was given to the jury shortly before
uoon, Friday. The jury after being out
about four hours brought in a verdict
for the plaintiff for S687 so
Special venires were issued, Friday
by Jerk of Courts Seekins to fill the
vacancies on the jury panel caused by
the discharging of the two jurymen in
the Vittum case. Charles Barnard and
Augustus Fowler were drawn and sworn
in, Friday.
The action Joshua Davis, admir- of
the estate of Gilman Davis, vs. Hannah
j. Davis, and upon promissory note
for $3.50, was tried Friday; The defence
was the statute of limitations. After
hearing the evidence, Judge Powers
ruled that no legal defence had been
established and ordered verdict for the
plaintiff for the face of the note and in.
terest. TO this ruling and the admission
of certain evidence, the defendants ex-
cepted and will carry the matter to the
full court. f. N. Merrill, Esq, for the
plaintiff; Sheldon & Sawtelle for de.
PENDANT.
Rufus Burns received a fine of 5000
and costs for keeping and maintaining a
nuisance and settled.
Trial of the suit of David S. Kierstead
VS. Frank Bryant and Fred Bryant resi-
dents of Pittsfield, was entered upon
Saturday, with Forrest Goodwin, Esq,
counsel for the plaintiff and j. w. Man.
son, Esq and George Fl. Morse, Esq
for the defense The ground of the
action is an injury sustained by the
plaintiff while employed in defendant
mill, which he claims was the result OF
their negligence. The injury was due
to the breaking of an eccentric strap
connected with an engine at which the
plaintiff was at work, which was sud
denly th1own upward, striking Mr.
Kierstead on the right side of the head,
badly crushing his skull and injuring
his brain and inflicting permanent in
jury to his shoulder, as result of which
he has been unable to perform hard
labor since that date.
The defence opened Monday, The
position is denial of any negligence on
their part and an allegation that the
accident was the result of the careless
ness of the plaintiff himself. They admit
the fact of the accident and the breaking
of the eccentric strap as stated by the
plaintiff, and also that they stood in the
legal relation of master and servant to
the plaintiff, but deny that the liability
is upon them. The plaintiff they claim,
was an experienced engineer and knew
the workings of engines, hence assumed
the risks necessarily incident to his enl-
ployment. They deny that the breaking
of the eccentric strap was due to the
defective condition of the engine, but
claim that it was due to the unautho1iz
ed Tightening of the strap by the plain
tiff himself
Verdict was rendered, Tuesday after
noon, in this case, for the plaintiff for
$505 %. The case will be carried to the
law court.
The following divorces have been de
creed for the causes Indicated: Abel.
bert NJ. Crosby from Lillian Nj. Crosby
for adultery; and Arthur E. Wright from
Mabel M. Wright for adultery; Clarence
NJ. Austin from George A. Austin for
gross and confirmed habits of intoxica
ton; and to Nathaniel Martin from
Susie A. Martin for utter desertion.
The following cases upon the trial list
have been settled by counsel: Leroy
Walton VS. William Howard; Fred H
Neal ct al VS. A lbert Pratt ct al; VIM. b.
Brown vs Fred A. Brown.
Judgment has been rendered for the
plaintiff in VIM. A. York vs. Abel w
Spaulding for $40 damages and sos
costs. A default has been entered in
the actions of F. NJ. Totman ct al VI
Byron Moore and Emulus $. Plummel
VS. Edward Il. Thompson. The case oil
Wyett Huff vs Edwin Savage and TT
has been referred to Augustine Simmons
and William r Jordan; and David d
Stewart ct al VS. Abel E. Leonard has
been referred to Hon. Frederick Powers
Antoine Turcott of Madison, who was
found guilty of keeping intoxicating
liquors for sale, paid his fine of 800 and
costs taxed at SIT %.
The action of E. NJ. Wing VS. +. II
Cannon has been defaulted and con.
tnued for judgment and the suit oil
Harry B. Hilton ct al vs. George II. Clark
and Trs. has been continued by agree
ment.
Miltimuses have been suspended by
the order of court, for the present, on
nine liquor cases in which the fines i'm
posed by the court upon William How
ard amounted to 5000 and certain costs
This it is understood will carry the cases
over to the september term
The trial of the suit Edna L. Blaisdell
Va Fred Z. Hatch, both of Mercer, was
begun Tuesday afternoon. The action
is brought on bastardy complaint; with
Walton & Walton counsel for the com
plainant, and Forrest Goodwin, ESQ
counsel for the respondent. The case
has caused considerable local interest.
1t WAS given to the jury this, Thursday
forenoon. After being out over two
hours, they returned the verdict of guilty.
Court will be in session the remainder
of this week and several days of next
week.
A loss estimated at nearly $I2 900 re.
suited from a FIRE which started in Frisbie
block, Market Square Houlton late Mon
day night. The principal sufferers were