The Somerset reporter. [volume] (Skowhegan, Me.) 1868-1909, 1902-01-09
Somerset :. j. Court.

REUEL Is. SMALL, Stenographer.
4. Z. PENNELL, Sheriff.
HIRAM THING, Messenger
DEPUTIES: F. l.. Harding, Madison; c. b.
HASKELL, Pittsfed; X. S. Williams HartIand;
c. f. Ham. Bingham; f. s. Parsons, No. Arson /;
{. II. Jones, Athens; l. W. Farrand, SorIidge-
wock +. f. CasNsel K. New Portland. Sidney
I. Baker, Scion; c. E. Duren, Fairfield.
The case on trial when the REPORTER
was issued last week, o. o. Yittum and
f. w. Vittum VS.. the Somerset Railway
Company was brought to sudden
change in procedure, Friday morning,
Upon the coming in of court at the
morning session, Augustine simmons,
Esq, one of the counsel for the Somerset
Railway o. in he suits on trial between
the company and o. o. Vittum & Son,
filed motion to have the cases with
drawn from the jury, basing his motion
upon the following affidavit by him
| filed:
STATE OF MAINE.
SOMERSET SIS. Jan. 3, 1902
Augustine Simmons on oath declare
that in the evening of Jan 2, 1902, in the
dining room OF Hotel Heselton, in Show
hogan, in said somerset county, heard
conversation in said dining room con
corning the case now on trial, in the S.
j. Court at okowhegan, in which Oren
o. Vittum ct al. are plaintiffs and SOM
erset Railway is defendant. At the table
in said dining room where said CONVEX
sation was had, there was seated j. Har-
vey Mahoney and James Towle, two of
the jurymen trying said case, and Oren
! o Vittum, one of the SAID plaintiffs,
and Frank Vittum, Allen Rice, and one
| - xry,t Co. uniA AlafE ffo -,
said case. heard said Oren o. Vittum
state in the presence of said jurymen
that Perry Moody did or appeared well
in his testimony in said case, and several
others then aud there expressed assent
to his remark about the testimony of the
said Moody, though | could not hear
just what was said. l then heard said
oprague use the name of Mrs. hitney,
but | could not understand what the
whole sentence was | afterward in
quired of said Mahoney and Towle what
was said by Sprague when he used the
name Mrs Whitney, and they informed
me that Sprague said Il suppose Mrs.
Whitney will say | wasn't there" and
Mr.. Towle informed me then and there
in said Mahoney's presence that Ma
honey said in reply to Nprague's said
statement in a joking way, ut won't
make any difference what she says VA
honey said nothing to me as to what he
said to Sprague.
AUGUSTINE SIMMONS.
STATE OF MAINE.
SOMERSET IS. Jan. 8, 1902
Subscribed and sworn to this day.
Before me,
l.. l.. WALTON.
Justice of the Peace
Judge Powers, after hearing the read
ing of the affidavit, and hearing the
testimony of those who were present at
the conversation, decided that both
Vittum and Sprague were in contempt
of court, and fined the former 500 and
the latter $40. He further ordered that
they should be committed to jail unless
the fines were paid. Both men paid at
once The two jurymen were discharged
from further duty during the term for
allowing the conversation to go on in
their presence and the case was contin-
ued. The vigorous course of Judge
Powers in the interest of impartial trial
of causes in the court will be an impress
sve lesson and have a salutary effect
npon litigants, witnesses and jurymen.
The case Somerset Railway VS.. o o.
Vittum and F. W. Vttum, alleging neg
ligence on the part of the owners in
carelessly driving an OK upon the track in
front of a train, and alleging that by rea-
son of such carelessness they are liable
for the damage resulting to the cars
which were deraied, was also continued.
The counsel in this case are the same as
in the former case, Walton & alton
and simmons for the company and K. N.
| Merrill for Vittums.
Further liquor cases have been dis
posed of as follows: Fines were i'm
posed and paid by Harry b. Hilton and
Henry Washburne, nuisance, 300 and
costs taxed at So 46; Richard W. Brown,
nuisance, $500 and costs taxed at $40
DemurIers were filed to the indictments
against w. J. Bradbury and Frank NJ.
Cotton, but we're overruled and excep-
tons filed by counsel for defendants.
The Court certified these exceptions
frivolous and intended for delay, and
they were therefore by law certified to
the Chief Justice at once.
Stephen G. Durrill OF Jackman was
sentenced, Friday, upon two liquor in.
dictments, receiving fine of $50 for the
first and 1920 for the second. George
b FaiIgrieves of Skowhegan was fined
|
sance indictment. Both men settled.
VIM. Howard, the proprietor of the
Howard House at Anson, was brought
before the court, Friday afternoon, to
answer to three indictments and nine
search and seizure cases. Eight of
these had been carried to the law court
on appeal, but were decided for the
State. Judge Powers imposed sentence
in each case, 5000 upon the indictment
for being common seller, 1920 upon
the nuisance indictment, 500 for keep
ing drinking house and tipping shop,
and 500 for each search and seizure
case, aggi egating $1,000 and costs. This
constitutes the largest fine ever imposed
upon a single offender in this county.
Howard paid 1920, and the mittimuses
upon the remainder were suspended for
the time being.
Charles r. Horne of Bingham pleaded
guilty to three indictments, and was
sentenced upon two, receiving fine of
800 and costs in each. Frank Skllngs
of Arson received sentence of 90 days in
the county Jail as a common seller. e.
phas M. Hilton of Madison was fined 500
and costs upon search and seizure
process, and 800 for keeping drinking
house and tipping shop. He also
pleaded guilty to common seller in
dictment, but sentence was suspended.
Amdee f Bison settled a nuisance in.
dictment for 1920, and Robert W. Haines
received fine of Sl20 for the same
offense. A demurrer was filed in the
~ Il