The Somerset reporter., 1903-10-01
Somerset S j Court.
SEPTEMBER TERM, 1903

! Ddk6l, DluRuhuli William Rr1eSL. Plus
field; Lewis Fish, Hartland Fred Lucas, St.
Albans; Charles L. Varney Mercer, George
Aver, Athens; Wallace Emery, North Anson;
Albert f. Mlllay, North New Portland; Charles
Dunbar, adison; William Il. Briggs, Skowhe-
gan; Orlando Brackett Starks; Herbert Eaton,
Solon; F. c. Holt; Norridgewock.
On Friday Joel II. Gray of Solon
pleaded guilty to the charge of common
seller and was sentenced to pay fine of
5000 and costs. and to serve 60 days in
the county Jail. Mitnmus was suspend
ed ON probation. The fine and costs were
paid.
Henry Washburn of Bingham, re
tracted former plea of mot guilty" to
an indictment found against him as
common seller. His attorney, S. w.
Gould, tried to get his sentence sus-
pended by making an agreement with
the court that Wash burn should refrain
| from selling intoxic ating liquors in the
future. The docket was produced and
the entry showed that similar agree
ment had been made by him with
the court about year ago. A sentence
of four months in the county jail was
! imposed and mittimus issued upon
which he was committed.
The case of State VS.. william Doyle
of Skowhegan, came up for trial. This
case was tried in the municipal court,
several months ago. Doyle was found
gailty and the case went up to the su-
preme court on appeal. The charge was
single sale. The State relied chiefly on
spotteIs' evidence. Doyle claimed that
he had not sold liquor to the states
witness, and that he had not been sell
ing to anybody. George w. Cover APP
peared for the State, and Forrest Good
win for the respondent. The jury re-
turned verdict of guilty. A sentence
of $50 and costs and 80 days in Jail was
imposed and he was committed.
The case State vs. William Knights
an appealed case of single sale was tried
before jury. A verdict of guilty was
rendered and d sentence of $50 and costs
and 80 days in Jail given. County At
torney Cover appeared for the state but
the respondent employed no counsel.
In the case of Columbus Rawlins VS..
Mrs. Rose Williams, both of P easant
Ridge plantation, the jury brought in a
verdict of $266 04 for the plaintiff after
being out about 45 minutes. This was
an action of trover to recover payment
for the construction of house the plain
tiff had built on land belonging to the
defendant He claimed that the de-
fendant had agreed to sell the nd or
buy the house The defence was that
the house had been built for the de-
fendant and had not been paid for by
her. The plaintiff was represented by
Walton & Walton and the defendant by
Forrest Goodwin.
The case David Stevens VS.. Geo E.
Harlow was tried Friday. This was an
action for injuries received by the plain
tiff by being kicked by the defendants
horse while in the defendants employ
The plaintiff claimed that the horse was
vicious and the defendant knew it and
did not apprise him of the fact. The
case was given to the jury at about 6 p.
IN. and sealed verdict returned Satur-
day morning in favor of the plaintiff for
one dollar Forrest Goodwin for the
plaintiff, F. L. Ames and Butler &
Butler for the defendant.
On Saturday trial of the case, Charles
V. Look vs. Josiah Holway was entered
upon. 1t was an action of trover to re-
cover the value of horse the plaintiff
claimed by reason of a mortgage given
by Charles W. Shaw. After the plain.
tff's side had been presented it was
withdrawn from the jury by order of
court, and j. w. Manson, ESQ, was ap-
pointed auditor. f. NJ Merrill for plain
tiff, A. Simmons for defendant.
On Friday and Saturday divorces were
decreed, viz: Lorenzo M. Starbird from
Annie NJ. Starbird, for adultery.
Annie Campbell from Cecil Campbell,
adultery.
George W. Toppan vs.. Minnie N.
Toppan, adultery,
Lillian M. Hubbard from Walter S.
Hubbard for gross and confirmed habits
of intoxication. Libellant's name
changed to KimbaIl.
Frank Lafayette of Madison and
Frank Pooler of Skowhegan filed their
declarations of intentions to become
American citizens.
The case John F. Lyford vs the Con-
necticut Fire Insurance Company was
tried, Monday afternoon. D. D. Stew.
art for plaintiff, Leslie C. Cornish for
the defendant company. In 1901 Mr..
Lyford sold his farm buildings to Mr..
Brann, retaining the personal property.
All the property was insured and Mr..
Lyford transferred tho part covering the
buildings to Mr.. Brann, keeping that
covering the personal property in his
own name. In about a week after the
deal had been made and before the com
pany had been notified of the assign
ment or Its consent secured and while
Mr.. Lyford was still living on the farm
the buildings were struck by lightning
and destroyed by the fire which fol-
lowed.
The position of the plaintiff was, that
as the policy contained on the back a
printed form of assignment with blank
underneath for assent 1t was an intima-
ton to the holder and who ever might
purchase the property that it was ex-
pected that the party so purchasing and
taking an assignment as by printed form
would obtain the assent from the COM
pany as provided by the form as a mat
tet of course 1t was also claimed that
there had been waiver by the company
of this assent After the evidence in
the plaintiffs case had been put in, the
counsel for the defense asked that the
jury be instructed to bring in a verdict
that would cover the amount of insur-
ance on the personal property, claiming
that the plaintiff could only recover on
the personal property as that was all he
owned there at the time of the fire and
that he did not hold any title to the real
estate or buildings and therefore could
not recover on them. This position was
| anstained nv the court and the iurv in