Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-12-14
LAW COURT.
Opening Of the December
Term, Tuesday Morning.
Records Missing Owing to Death
Of Late Chas. Small.
Re- arrangement Of Cases-Cumberiand
County, Today. I

The law term Of the Supreme Judicial
court OF Maine, convened at the court
house. yesterday morning at 10 o'clock
Chief Justice Andrew p. Wiswall OF
Ellsworth presiding.
Frank J. Ham. sheriff of Kennebec
county, opened the court in the usual
Rev. Il. r. Hope. pastor of the First
Baptist church otAugusta.
The following justices were present:
Chief Justice. Andrew p. Wiswall OF
Ellsworth, William P. WhitehOuse of
Augusta. Lucillus Emery of Ellsworth,
Sewall p. Strout of Portland, Albert r
Savage of Auburn, and Frederick A.
Powers of Houlton.
Immediately upon the opening Of the
court, the cases from Androscoggin
county were considered, being reviewed
and placed In their order for hearing.
Out Of % entries there were but three
cases to come before the court for oral
argument, the others being continued
or dismissed. The other cases were
disposed of as follows:
Aetna Life Ins c. in Eq. VS.. Trembly
ct. al. Dismissed.
Belcher, Admr. VS.. Estes. Dismissed.
Canter in Eq. W.. Addison. Appeal
dismissed.
Carroll VS.. Marcoux. Laid over.
Curtis, Collector VS.. Andres Lodge.
I. o. o. F. Defaulted.
Inhs. of Durham VS.. Lisbon Falls
Fiber Co. continued.
Heating VS.. Brooks & Tr., arguments
recorded.
Lynn Shoe Co. (W. RI in Eq. VS..
Auburn. cont.
Norm vs.. Fuller Claflin ct. al, con-
tinued.
Neal vs.. Randoll, Court records MISS
ing.
Phinney VS.. Atwood ct. al. dismissed.
Randall ct. al. Aplts. From decree
of J. of p, laid over.
Sleeper VS.. Gagne. exceptions over
ruled.
State VS.. Sanford ready for oral ar
gument.
Yokel by. Pro. Ami. vs. Internation-
al Paper company. records missing.
Bennett VS.. Sullivan ct. ais, ready
for oral argument.
Deloach Mill Mfg. Co. vs.. Field. over
ruled for want of prosecution.
Drew. J. of p. VS.. Provost ct. ais.
laid over to next week.
Gilman VS.. Bumpus continued.
Mccullough by Pro. Ami VS.. Royal
Mfg. Co.. ready for argument. -.'
Saucier vs.. Obsorne. alias Curtis. set
tied.
Soper VS.. Weeks ct. al. objections
overruled.
Zarkoffsky vs.. Steele. dismissed for
want of prosecution.
Many attorneys interested In many
Of the above cases came to the, court
without the written briefs and evidence
presented at the previous hearings.
This was directly due to the death of
Charles Small, one Of the official STEM
ographers. The testimony in the
cases was taken by Mr.. Small in his
official capacity as stenographer. and
before he was able to reproduce the
cases from the notes he died. early In
April. 1N. No one has since been able
to reproduce them. as there are whole
paragraph that are impossible to dis
Germ. Thus there are practically no
records of the previous hearings to
work on. and some of the interested
counsel moved the granting Of new
trials in the several cases In which
they were individually interested. This
the opposing attorneys would not agree
to and at the suggestion Of Chief JUS
tice Wiswell the contending attorneys
proceeded to argue the various phrases
Of the situation. Law was quoted ga
lore. the attorneys citing numerous N.
stances and various rulings in parellea
cases. In the case Of Neal and Ran
dali. one Of the active participants and