Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1902-01-29


MOORE vs. MOORE
The and case ~ Evelyn X. Moore ct
ais vs. Miles II Moor, which was on the
docket for trial Saturday, was settled,
judgment being rendered for plaintiff,
without costs.
Tpis ended the business Of the frat
week. and court vi ,urusd IN, u Monday.
SAUNDERS VS. UNION SHOE co
Monday the case of Wr,iam " Ssun-
ders, OF Ellsworth, vs.. Union Shoe O., Of
Ellsworth, went on trtal. TIE "a ,intiff
boy OF fourteen years, asked So 600
damages, for loss OF psrie OF three a gers
OF his right hand 10 a sGie- moulding ma
chine in The feudauts' factory Tue ac-
cident occurred n July lsst.
Pisint n claimed that d. PENDANT con-
psny was neg ligent IN allowing a hoy OF
his age to work on such machine; that
The inst 'ucl ions given him In the work
ing OF the machine were Insufficient, and
furt her, that he m4cntue was not IN
perfect working order.
Defendants ciaimei that plaintiff was
properly instructed Ia use OF mac hine aud
cautioned to be careful; that he machine
vas in good order, and the accident WIS
due to csrelessness on part OF plaintiff
In the course of the trial the jurors
we're taken to the shoe factory TO see the
machine in operation, and later the
machine was brought to the court house
aud set up In the corridor Tor further ex-
animation.
The trial occupied all day, and the jury
went out about O'Clock. They were out
bali the night, aud ret urned a sealed YER
dict Tuesday morning for $500 for plain
tiff.
LISCoMB VS. BATCHELDER.
The case OF Liscomb vs. Bstchelder oc-
cupied all OF Tuesday. This was case In
equity, involving title to property known
rs the Batcheider farm, mac Washington
Junction. 1t was subp tilted to the jury
on three issues OF fact, the final judg.
nent being for the court.
The plaintiffs to the suit are the chill
dren of Mrs. Clsrinds Dun bar, afterwards
Mrs. Beal, now deceased. The defendant
Is DR.. T. j. Bstcbelder, OF Machiss,
brother OF Mrs. Dunbar.
On the deaf b OF the tat her OF Mrs. Dun
bar and DR.. Bstchelder, the property IN
question was wiiied to Mrs. Dunbar. In
1880 Mrs. Dunbar, who owed her sister,
Mrs. Charlotte T. Holmes, OF Rhode
Island, debt OF s75. gave Mrs. Holmes a
deed Of the property. Plaintiffs claim
that this deed was given as security for
the debt; defendants say 1t was an abso-
lutte conveyance. This was the first
question at issue
Two years later, plaintiffs claim, Mrs.
Holmes released her sister from the debt,
and decided he property back to her. This
deed was never recorded, and csnnot be
found. Defendants claim that, II exc
cuted, it was never delivered. This was
the second question at issue.
Two years later, in 1894, DR.. Bstchelder
visited his sister, Mrs. Holmes, in Rhode
Island, and secured from her a quit claim
d ed OF the property, which he had re-
corded, making him, so far as the records
show, the legal owner OF the property
The third question at issue was whether
DIR. BatcheIder knew, when he secured
the deed from Mrs. Holmes, that she had
previously decided the property back to
Mrs. Dunbar.
Evidence hearing on these questions
vas taken out. The case went to jury al
5 O'Clock. the questions and the answers
returned by jury this morning, are as
follows:
Was the deed from Clsrinds ID. Dunbar
to Charlotte L. Holmes intended as Re
curity for debt, or was 1t Intended to he
a. absolute conveyance? Auswer-As
8 curity for debt.
Did Charlotte L. Holmes afterward sx-
ecute and deliver to Ciarindt ID. Dunbar
qait-claim deed releasing or conveying
back to said Dunbar the same property?
Answer-Yes.
At the time of receiving his deed from
Charlotte 4. Holmts, described in The last
question, did The defendant, TheophiIus J.
Bstcheider, have know ledge that the said
Holmes had previously released or con-
veyed back to Ciarinda ID. Dunbar the
land described in the deed? Answer
Yes.
FREMONT VS. BELFAST.
The second psuper case OF the term
went on trial this morning. It was
brought by the inhabitants OF fremont
against the city OF Belfast, for pauper
supplies furnished Henry A. Dyer in the
winter OF 1899 1900. The town of NJ,
Desert IL an interested party, as defend
ants will try to show that Dyer's pauper
settlement Was III that town. Mt
Desert, therefore, has virtually Joined
issues with fremont against the city of
Be fast.
In 1867. Henry A. Dyer, then twenty
years OF age, moved with his father TO
Belfast. In 1868 he married there, ana
'ved in Belfast uutii about 1880 or 1882
From then until 1886 his residence seems
unsettled, but in May OF 1886 ne came TO
b 'rtiett's Island, ana maze It his home
until, a. set up by plaintiff, the first OF
May, 1891, when he married IN fremont,
ana seIt'ed there. This claim OF plain
lifts Won make his term of settlement
IN Mt Desert just few weeks under the
five years necessary to gain pauper
settlement Defendants will attempt to
show hat as a matter OF fact he did gain
pa uper seti cement la Mt. Desert.
The case will occupy all of to- day, and
proba bly, run into to- morrow.
DIVORCE DEcREED.
Divorce has been decreed as follows:
William II. Jones, OF Bar Hsrbor, libel
liant, from Aveline Jones, OF Bangor, for
adultery. Benson TOR iibeiiant.
ASSIGNED LIST.
Following is the assigned list, with