The Somerset reporter., 1902-10-02
s. j. Court
sEPTENaER TERN. 102.

W.. T. sEEK1Ns, Clerk.
| GEORGE w. COVER, County Attorney.
FRED L. HAYb# =, Stenographer.
HIRAM HING, Messenger.
| DEPUTIES. F. l.. Harding, Madison; c. b.
Haskell, Pitlsheld; F. :. Parsons, No. Arson (;
r. S. williams. Hartland; {. F. Ham, Bingham I;
F. F. SSaswell, East New f9Ftisagdi Walter
Farran /, Norrdgewock; w. Guy Pennen, Show
hogan; c. II. Jones. Athens :. W. Herrick,
| Harmony.
On Thursday, William Howard of
Arson, was brought before Judge spear,
for sentence upon the liquor cases
pending against him. There were
five processes to which lie pleaded guilty
one search and seizure process appealed
from the justice court, one indictment
for being a common seller second of
fence, one for maintaining drinking
house aud tipping shop, and two nuts
ance indictments. Forrest Goodwin,
Esq, appeared for the respondent, and
asked the clemency of the court, in view
of Mr.. Towards intention of going out
of the business. County Attorney Cow
er, in moving for sentence, stated that
| Howard had been the most troublesome
offender against the law that he had
known. He related the circumstances
with reference to the fines imposed upon
Mr.. Howard at the March term, and
said that he was not aware that there
had been any change in the character of
Mr. Howard's business His invariabe
policy in all cases, he stated, was to
move for sentence upon every indict
ment, and leave further responsibility
with the court. In view of the circum-
stances, the court imposed sentences as
follows: Upon each of the nuisance ia
dictments, $500 and costs; upon the in
dictment for being common seller, 5000
aud costs; upon the indictment for keep.
ing and maintaining drinking house
and tipping shop, 500 and costs; and
upon the search and seizure process, 800
and costs, the whole amounting to $977.-
03. Jail sentences were imposed in de-
fault of payment, and Howard having
declared that he would go to Jail rather
than pay his fine, County Attorney Cow
er moved to make the sentences conse.
cutive, rather than concurrent, which
was done. The fines were paid in full.
In an equity suit of Charles A. WILDER,
TT, vs.. Alden. and Betsey Ellis, which
was to be tried before the court. Thurs
day, demurrer was filed by Danforth
& Gould, counsel for defendants, upon
the ground that the action was not
maintaiDable by the trustee.
The action of David D. Stewart VS.. Ed
win E. Smith, Ext, was referred to the
court, to be heard in vacation. The ac-
tion of Lewis W. Cameron VS.. James
Merrill was defaulted, II. W. Holden
being appointed an assessor to deter
mine damages.
In the libel of Vine Coburn Withee
VS. Irving :. Withee, the lbellee was
ordered to pay into court SO before the
| first day of next term to enable the libel
liant to prosecute. A similar order was
made in the libel of Annie Seely VS.
| Fred Seely.
In the equity suit Mary A. Robinson
VS.. Albert Il. Tracy, an entry of neither
party has been made.
The criminal appeal process against
John Walker was mol pressed, owing to
defects in the papers ill the lower court
Divorces have been decreed as follows:
Mary o. Green from John W. Gleen,
| for cruel and abusive treatment and ex.
treme cruelty, custody of children given
to libellant; Wilmot F. Macklin from
Georgia Macklin, for adultery; Sarah II.
Howes from Albert E Howes, for adul-
terry; Frank Weeks from Helen A
Weeks, for cruel and abusive treatment
and extreme cruelty; Lizzie Deering
from Frank f. Deering, for gross and
confirmed habits of intoxication, custody
of minor children given to the mother;
Alice Gray Elliott from Edward Carroll
Elliott, for desertion, custody of child,
Robert g.. given to mother; William
NJ. Burt from Alma L. Burt, for cruel
and abusive treatments; Anastasa Nj.
Longley from Jonah S. Longey, for
cruel and abusive treatment; Calvin G.
Foss from Ellen d. Foss, for adultery.
The equity case j II. Fletcher ct ais,
VS.. Fred Tuttle ct al was heard on bill
and demurrer. Demurrer was sustain
ed and the bill dismissed. 1t is expect.
ed to go to the law court on exceptions.
Geo. W. Cover, Esq for plaintiff, But
Ter & Butler for defendant.
Court adjourned, Friday, until, Mon
day, Judge Spear going to his home,
Friday afternoon, and returning here,
Monday morning.
Judge Spear has rendered a decision
| in the matter of the will of Esther A.
Chase, late of Skowhegar deceased.
This was an appeal from III, decree of
the probate court allowing lue will, and
hearing was had last week. The de-
cison sustains the decree below, and
upholds the will, by the provisions of
which Mrs Ellen S. Priest of Skowhe-
gan becomes sole legatee and executrix
The appellants are allowed the sum of
500 to defray costs.
Monday, the Alexander Terrio case was
brought before Judge Spear on a motion
for new trial made by Hon. d. j. Nc
Gillicuddy, counsel for Mr.. Terrio, who
read his motion, basing it upon newly
discovered evidence, and suggesting
that Hon. S. NJ. Carter of Lewiston or
Fl. w. Cakes, ESQ of Auburn, he APP.
pointed as commissioner before whom
the testimony shall be taken out.
g. W Cover, Esq county Attorney,
appeared for the State and objected to
the appointment of a commissioner,
stating that he understood the testi-
mony was to be taken out before the
court then and there and the State had
several witnesses there at considerable
expense. Judge Spear decided that
the testimony must be taken out before
the adjournment of the present term of
court and that he would set that even
ing to hear it if the counsel could get
his witnesses there, if not would hear
it on Tuesday. Mr.. McGillicuddy said
| he would try his best by use of telegraph
and telephone to have his witnesses here
on the 5 p. m. train Mr.. Cover asked
that owing to the fact that Prof.
Knights testimony was not sufficiently
| set forth in the motion as SO to enable