The Republican journal., 1903-01-15
SUPREME JUDICIAL COURT.
Chief Justice A. P. wiswell Presiding

was tried Wednesday afternoon. 1t was an
action to recover for labor on the Emerson
farm in Swanville The defense was that
the plaintiff had been paid. Verdict for de-
fendant. Knowlton for plaintiff, R. F.
DuntOn for deft.
| Mary E. McAlister, Administrative OF the
estate of Hiram McAlister of Burnham, VS.
! Horace burlington & Co. of Watervllle. In
June, 1899, the plaintiffs husband Hiram
McAlister, sold to the defendants COS cords
of wood and delivered it beside the rail-
road track at Burnham. The plaintiff
claims that the contract price was $3.50 per
cord and the defendant that it was So per
cord The defendant paid the plaintiff
| $1216 in June, 1899, and claims that this
paid the bill in full. The plaintiff sued t.
recover so cents per cord, which she claims
| is still due The Court ruled that as one
party to the contract is dead the other can
not testify, hence the case rested on outside
| testimony. No book accounts were intro
duced. Two men who helped measure the
wood testified that burlington told them
the price was $3.50. The jury returned
verdict for the plaintiff S310.79, the amount
claimed by the plaintiff, with interest from
the date of the writ. Morse of Pittsfeld and
Mcclellan for plaintiff. Brown of Water
vile for defendant.
Reuel A. Hollis VS.. Delestin Whitaker
was tried Friday. Whitaker owned a
wood lot in Troy, and, in December, 1897. in
consideration of $25 gave Ambrose jackson
of the same town a right to cut the wood
thereon. Hollis claims that he was part
ner with jackson in the transaction and
that he bought Jackson's interest. Whitta-
ker says that Hollis did not enter into the
contract between himself and Jackson, and
denies Jacksons right to assign to a third
party the privilege of cutting the wood.
Whitaker forbade Hollis cutting wood on
the place Hollis brought the suit to re-
cover damages for the value of the uncut
wood, which he claims under the alleged
transfer from jackson Chief Justice Wis
we'll instructed the jury that if Jackson
and Hollis were partners one might legally
assign the privilege to the other, but if
jackson was alone he could not assign to
third party The jury returned verdict
for the defendant knowlton for plaintiff,
Thompson for defendant.
Georgia G. Hanson in equity VS. The Peo-
pies National Bank and A. f. Nickerson.
In June, 1900, the residence of the plaintiffs
husband, Edgar F. Hanson of Belfast, was
sold On an execution in favor of The Peo-
pies National Bank, June %, 1901, few
| days prior to the expiration of Mr.. Hanson's
| right OF redemption, an extension of the
| time was granted to allow other creditors
| the privilege of selling the property and
thus realizing on their claims, which they
could not if the banks claim was enforced
The creditors appointed A. E. Nickerson
F., trustee to represent their interests and Mr..
Hanson assigned the property to him, Mrs.
| Hanson signing the usual dover clause.
| The trustee was unable to sell the property,
and subsequently assigned his interest to
the bank, without reServing the wifes
right of dover. Mrs. Hanson brings this
suit in equity asking that the defendants
may be ordered to surrender the same, and
| that the bank may be ordered to release to
her her rights The case was opened be-
fore the Court Monday and goes to the Law
| Court on demurrer. The case was begun
by the late Joseph Williamson for plaintiff
and is in charge of his son Joseph William
son of Augusta. f. F. Dunton for defend
ant.
Chas. E. Libby VS. Mabel l. Watson
Action to recover for an alleged worthless
bond bought by the plaintiff of the defend
ant. Damages assessed by the Court at
| $631 90, with interest. c. f. johnson for
plaintiff, Brown Il Brown for defendant.
John Parker of Belfast, a subject of
Great Britain. was admitted to citizenship.
/ Lucy A. Heal, petitioned for separate
maintainance for herself and child, VS..
Henry NJ. Heal. The defendant was order
ed to contribute S. per week, payable
monthly.
The criminal cases were called Tuesday
and disposed of as follows:
In the case of Percy Higgins, who was in
dicted at the September term of court for
breaking and entering and larceny in East
Belfast, and who has not been arrested, a
mittimus is to issue in vacation if necessary.
| VIM. G. Richards for breaking and enter
ing and larceny was sentenced to two years
in State Prison.
Mary Pullen, convicted of arson, retracted
her plea of not guilty, pleaded guilty and
was sentenced to two years in State Prison.
Chas. A. Proctor for breaking and enter
ing and larceny was sentenced to two years
in State Prison in each of the cases against
him, both terms to begin at the same time.
hence equivalent to two years sentence.
Oscar Hodgdon was sentenced to nine
months in the county jail for breaking and
entering and larceny at the Stevens cottage
On the other case the indictment was filed
to hold over.
Seventy-eight cases for violation of the
liquor law and minor appealed cases were
mol pressed for various reasons. In some
there was moi sufficient evidence in poses
sion of the present county attorney; in
some the defendants have gone out of the
liquor business; few defendants are out
of the State and in some cases the mol pros
was entered by arrangement with the pre-
vious county attorney. Nine liquor cases
were disposed of by fine of 500 and costs
$40 in each case, total of $500. CHIEF
Justice Wiswell announced that after
March 31st next, Jail sentences will be i'm
posed for all convictions under the liquor