Daily Kennebec journal., 1904-12-22
The washington County Cases
Postponed to Today.
i;.t cf the Washington and YORK
County Cases.


optv three of which were offered Ior
oral argument. The arguments III
,ha.. cases consumed the entire DAY
.,d tho tases OF washington county.
scheduled for 4 O'Clock in the after
noon. will be considered at the open
ing of the session. this morning.
The Waldo county cases were us
posed Of az follows:
Brown vs.. Tyron. motion over
ru,ed for want Of prosecution.
Emmett VS.. Perry, agrued
Morrill, vs. Milliken, previously ar
gucd in writing
McAllister VS.. Purinton ct. ais'' GER
tilted.
Rvon VS.. Getchell, motion over
ruled for want of prosecution.
McTaggart Admx. VS.. Maine Centrai
Railroad, argued.
Randall VS.. Wentworth. argued IN
writing.
State VS.. Staples. Aplt.. argued IN
writing.
State vs. Edminister, Aplt, argued
in writing.
State VS.. Getner. argued In writlhs'
State VS.. Mellen. argued In wrltihe'
The first case to come before inc
court for oral argument was that OF
Aida Il. Emmett against Hama Perry
Attorneys J. II. Montgomery and l..
NJ. Staples appeared for the plaintifr
and n. F.. Coolidge and A. L. Little
field for the defendant.
The action for which this case Is
brought before the attention OF the
law court is question of title TO GER
tain lands on Seven Hundred Acre
Island I'm the town of lSlesboro. me
plaintiff claims to have owned the
riece of property in question through
n deed given by her husbands rela-
tives to him during his life time ana
coming to her by right OF being the
beneficiary under the will OF the latter.
The defendant has occupied this lana
for a period of 20 years and therefore
claims the title. The plaintiff prayS
for Il new trial on the ground of new
" discovered evidence. Plaintiff fur
ther AYERS that when she desired 10
occupy this land that she found the
defendant In position and when the
case was brought to the lower court
for trial she did not expect the defend
ant to set forth the claim to the land
on the ground of possession and was
unable to meet the defendants plead
ings The arguments were long, and
dealt with the situation in full, at the
conclusion of which the decision o'
the court was reserved.
Th. last case to come before the
court from Waldo county was that OF
Della McTaggart, adlninisdratrix of
the estate of John McTaggart, against
the Marine Central Railroad. r. F. and
John X. DuntOn appeared for the
plaintiff and c. F. Woodward for the
defendant. This is an action of per
sonal damage brought before the law
court on the question of general is
sue The case has had no previous
hearing and by agreement of counsel.
comes on report that should the de-
fendant be found liable by the court,
the verdict will be $4,000.
John McTaggart was. on Sept. 4
1903, i'm the employ Of the Maine Cen
trail Railroad as Il baggagemaster rum
ming on the Belfast branch of the road
ON the morning in question a mes
sage was to be sent to the contractors
crew working along the line of the
road. to one Leon Belinger. The mes
sage was put on the end Of a stick and
McTaggart was to reach from the car
to get it. as the train went by. In do
ing so his head hit against the steam
pipe OF donkey engine and he was
instantly killed. The plaintiff AYERS
that the defendant company is liable
inasmuch as the tracks should have
been kept clear for the protection o.
the employees. Decision was reserved.
The next and last case to come be.
fore the court for oral argument dur
ing the day was that Of Edward f.
O'Brien. Aplt.. from decree of tn.
Judge of probate. A. S. Littlefield and
r. s. Thompson appeared for the ap-
pe,lant and III. NJ. Heath and M. a
johnson for the appellee.
A relative of the appellant. Mary Z
Campbell died. ami ont Of property
variously estimated at $l25.000 to $40.
600. left the plaintiff comparatively
nothing. The case comes to the laV
court on a motion for i new trial. tn,
plaintiff seeking to show that the in
strument known as the last will and
testament Of Mary f. Campbell. is no,
the win of the said Mary f. Campbell;
was not executed legally: the testatol
was not at the time Of execution II
0 sound mind and body and Furthermore
was not the free act Of the deceased
but was the result Of undue and i'm.
proper influence.
The attorneys by agreement limited
their arguments to an hour and a hall
each. during which they reviewed the
situation in minute detail occupying tht
entire afternoon session In the argu.
ments.
The above case was one of the post
poned Knox county cases. Decision was
reserved.
The Washington county cases viii
come before the court this morning but
II is expected that few will be read,
for argument. The docket for Washing.
ton county is:
Chadbourne VS.. Brotherhood Accident
Co.
Holmes ct. ais. VS.. Sea Coast Canning
Co.
Holway In Eq. VS.. Ames ct. ais. Admr
Inhs. of .Machias Va. Mclaughlin ct
ais.
Kemp in Eq. vs. Sea Coast Cannins
Co.
Munson vs. Huntley.
Putnam ys. Grant ct al.
Thompson ct. al.sA Dyer & q.