The Republican journal., 1903-10-01
SUPREME JUDICIAL COURT.

nal went to press last week, proved to be
one of the most interesting and sharply con-
tested cases tried here for long time, and
one that was marked by unusual candor and
fairness between all the parties interested.
The evidence and arguments of the attor
neys showed that one James A. Bailey was
born in Knox and had derivative settle
ment from his father in that town. He
married woman from Montville and they
moved to Bangor, where he worked at va
rious employments and she at dress max
ing. Oct IA. 1879, the wife being in poor
health, they went to Montville and boarded
with her mother. In the spring Of 1880 they
went to board with her sister, Mrs. William
Thompson, and remained there until April
3, 1881, when they moved into the Elder
Small house in Montville, bringing their
household goods from the steamboat wharf
in Belfast. Mrs. Bailey died within year
after they moved to the Small place and he
went to board with his sister, Mrs. McCor-
rison. In the winter of 1884 he became
engaged to Mrs. Emma Messer. daughter
of Ichabod Wyman of Freedom, and their
intention of marriage was recorded Dec. Il,
1885, Bailey then giving his residence as
Montvile They were married shortly
after, and in August, 1886, Wyman decided
Bailey his farm in consideration for sup
port of the old people. Bailey voted in
contested election in MOntville March Is,
1886. His second wife died soon after and
he continued at his place, doing farming,
butchering and peddling meat for several
years He subsequently became subject to
fits, as the result of an accident. In one of
these fits he fell upon a stove and set fire to
his house, which was burned, and he was so
badly burned that he became nearly help
less, physically and mentally. In 1901 he
fell into distress in the town of Knox, and
was furnished supplies amounting to S321.-
Is, which Knox endeavors to recover from
Montyille The case differs from most pau
per cases in that all the usual points of con-
troversy-the original settlement, the prov
ing of notices, the amount and value of the
supplies, etc-are agreed upon, save the one
question, did he have a home in Montville
five consecutive years? The beginning of
his home in the defendant town, it was
ageed, and the jury was so instructed by
the Court, was when he and his wife decid-
ed not to return to Bangor and to settle in
Montville. The plaintiff argued that when
they went to ThOmpsOn'S to board they
gave up the idea of returning to Bangor, as
Bailey and Thompson were partners in the
meat business. The defense claims that it
hot be ROT
to Bangor was abandoned until they moved
their goods AS TO the end of their resi-
dence in Montville the plaintiff relies upon
the fact that Bailey's goods were left at
McCorrison's until after he took theWyman
place; on the date of the marriage intention,
the town clerk recording him as of Mont
vile, and his being allowed to vote in a
contested election in that town. The de-
fense claims that he changed his home
from Montvlle to Freedom when he went
to Wyman's to work some time before his
marriage. Judge Spear instructed the jury
that they were to decide from the evidence
when the intention was formed to leave
Bangor and make a home in Montville, and
also when Bailey decided to change from
Montville to Freedom. There is no claim
that he ever gained settlement in any
other town than Montville, as his residence
in Bangor and Freedom was short. If the
jury found five years residence in Montville
they were to find verdict for the plaintiff
for the full amount sued for; if not, they
were to find for the defendant. The jury
retired at 40 p. NJ. Thursday, and two
hours later returned verdict for the plain
tiff for $321.l5. The defendant filed excep-
tions, which were allowed. c. F. johnson
of Waterville for plaintiff R. F. Dunton,
with Thompson for defendant
Fred W Brown VS.. James H. Hanson,
app. action on note; defence the maker
was minor admitted by the plaintiff, who
claimed that the maker was acting for him
self heard by the Court without a jury
Judgment for plaintiff $685. Brown pro Sc.
knowton for defendant.
NJ. c. Hill, collector, VS.. A. d. and Leila
Hayes action to recover tax on property
in Belfast judgment for plaintiff for
amount of tax and costs. City Solicitor
Johnson for plaintiff.
NJ. G. Hill, collector, vs. Frank A. Whit
comb action and judgment same as above.
Prudence n. Park, appeal from decree of
Probate Court in allowing her. $1,000 from
the personal estate of Isaac C. Park, late of
Searsport, and asking for larger allowance.
The Court sustains the appeal and allows
$4,000. R. F. Dunton for petitioner.
Henry S. Freeman vs. Samuel G. Norton.
The plaintiff was complainant in an assault
case which was tried before Trial Justice
Wayland Knowlton in Belfast, and the
respondent convicted. Mr.. Norton was
sheriff and On legal advice refused to COM
NIT the respondent, on the ground that the
trial justice had no jurisdiction, as the
papers in the case did not show Judge ROg-
ers of the Police Court was not to be found.
Freeman brought the action against the
sheriff for not doing his duty. Judge
Spear dismissed the case and the plaintiff
filed exceptions, which were allowed.
knowlton for plaintiff. johnson for de-
fendant.
Prince f. Luce VS.. Northport Wesleyan
Grove Campmeeting Association, and Hill
q Haney, trustees. The plaintiff declared
that he had a claim of $31 for salvage on 81
logs picked up adrift in Penobscot Bay
that the defendant corporation bought the