Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-11-04
SUPREME COURT.
Case Guild VS.. A., W. 4 G. Ry.
Co. on Trial.
Appeal from County Commissioners
Decision on Land Damages.
Brick Case In Hands of a Referee
An Alienation Suit.

Part Of Monday was occupied in the
supreme judicial court for the October
| term, Associate Justice William Penn
Whitehouse presiding. in the case of A.
Manley Guild of Augusta, appellant
| from the decision CT the county COM
missioners on land damages against the
| Augusta. Winthrop & Gardiner
Street Railway Company. When the
winthrop construction was built the
road passed through the land of the ap-
pellant under the legislative statute
passed in 1893 giving an electric rail-
road company the right of eminent do
main, and giving the proper tribunal
the power to give a fair value to the
property thus taken. The county COM
rissicners awarded Mr.. Guild the sum
of s4OO.
William II. Mcclellan, Esq, of Bel
fast. and Joseph Williamson, Jr., ESQ.,,
of the firm of Williamson & Burleigh of
Augusta. appears for the appellant and
Herbert M. Heath, Esq, of the firm Of
Heath & Andrews and Thomas J..
Lynch. Esq, of Augusta, for the de-
PENDANT company.
The case is the first of the kind to be
tried in the Maine courts where an
electric railroad company has been in
volved although Of course there have
been many cases where the litigation
concerned the roads run by steam.
After the opening by Attorney Will
hanson for the appellant, a drawn jury
constituted the panel and William F..
Haines of Iitchf;eld, was appointed
foreman by the court. Later the jury
visited tho ~ h.a
At the opening of court in the after
noon several witnesses were sworn in
behalf of the appellant The general
tenor of their testimony was that the
land at issue was worth more than the
amount decided upon by the county
commissioners.
The defence contended that the offer
was lust and equitable price and that
the building of the road greatly en-
HANGED the value of the appellants
property.
AT the adjournment of court, last
evening, until $50 o'clock, this morn
ing. the testimony on the part of the
defence had been nearly all adduced.
On motion of Hon. Charles F. john
son. a member of the State bar exam
lining board. Norman X. Fuller of Wa
terville. was admitted to practice.
Mr.. Fuller recently passed the exam
ination before the State board, is q
years of age, a graduate of Colby COL
lege. class of '9S, and studied in the
office of Mr.. johnson. Mr.. Fuller will
practice with Mr.. johnson. The fol-
lowing oath was administered by Gen.
Winfield S. Choate. clerk of courts.
You sOlemnly swear, that you will do
no falSehOOd, nor consent to the doing
of any in court. and, that if you know
of any intention to commit any. you
will give knowledge thereof to the JUS
tees of the court. or some of them,
that it may be prevented; you will not,
Willingly or willingly. promote or sue
any false, groundless or unlawful suit,
nor give aid or consent to the same;
that you will delay no man for lucre
or malice. but will conduct in an office
of an attorney within the courts, ac-
cording to the best of your knowledge
ana discretion, and with all good fidel
ity, as well to the courts, as to your
clients, so help you God"
An interesting case is scheduled at
this term of court i'm which Martin l..
Higgins brings an action against Ed
ward f. Libby in the sum of $4,000 for
alienation of the affections of the wife
of the plaintiff. Both reside in Au-
gusta.
The writ alleges that whereas the
said Edward E. Libby unjustly contriv-
ing and intending to injure the plain
tiff, and to deprive him of the comfort
and society of his then wife, Carrie w.
Higgins, and to ALLEVIATE her affections
from him. heretofore. to wit, on the
twenty-ei eighth day of June. A. ID. 1897,
and on divers other days. between that
day and the twenty-first day of No
vember a. D., 1899. at said Augusta.
wiongfully and wickedly debauched
and carnally knew the said Carrie L..
Higgins, then and there and all the
time between the two dates last afore-
said being the wife of the plaintiH,
and thereby the affection of the said
Carrie L. Higgins for the plaintiff was
then and there alienated and destroyed:
by means whereof the plaintiff has
thence. hitherto wholly lost the COM
fort. society and assistance of the said
Carrie l.. Higgins in his domestic af-
fairs. which the plaintiff during all
that time. ought to have had. and 9TH
erwise would have had, to the damage
of the plaintiff. as he says. the sum OF
two thousand dollars.
| And also for that whereas, from the
| A A