Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1905-01-25

worth.
stcnographer--J. C. CLAY, Portland.
Messenger-F. Il. TILUKS, Ellsworth.
The January term OF the supreme Judi
cIsl court In aud for the county OF Han
cock probably will finally adjourn this
afternoon or to. morrow.
All business has been cleared up with
the rush characteristic Of Judge Emery,
and many cases have besn taken from the
docket.
Monday afternoon the jury was dis
charged, after being thanked by the court
for its promptness in attendance, and for
It's work during this term.
Several cases which were either on the
special assigned list or general assigned
list were referred to the court for settle
ment.
THURSDAY, JAN. 10.
Shortly after the empanelling OF the
jury the first cas- on the special assigned
list was taken up. 1t was an action
brought by Edwin K. Eaton against J.
Warren Gray to recover damages for
trespass and assault committed at Vinal-
haven last May.
The action brought by Walter y. Wood,
OF Stonington, against Gray was for the
same reason. Both assaults occurred at
the same time, by the same person aud
were tried together.
The plaintiffs attorneys were e. p.
Spofford, of Dser Isle. and A. W. King, OF
Ellsworth, and the defendants attorneys
were L. e. Deasy, OF Bar Hsrbor, and A..
g. Littlefsld, OF Rockland.
The plaintiffs claimed that while they
were digging clans on q small island OF
yinalhaven, Gray, who claimed to be .
clam-warden, accompanied by . man
named White, attempted to arrest them,
claiming they were breaking the law In
digging clans there.
More or less OF dispute followed and
clam hoes few thick and fast for few
minutes.
Sometime during the argument Gray
drew q revolver and shot Eaton In the
leg. Eaton then broke away from Gray
and with Wood made Tor their dory. As
they were pushing off they claim that
White canght hold OF the boat and at
tempted to hold them until Gray arrived.
Eaton made him release the boat under
the penalty of having his head broken
with an oar.
The boat then swung around aud the
boys we're back to the men when another
shot rang out and hit Wood in the back
just below the hip joint. They then
made of to their smack and proceeded
home and for medical attendance.
haf oh In, he
aeshy part OF his leg about half way be-
tween his hip aud knee, going in one side
and coming out the other. His wound
was soon dressed.
In Woods case the matter was more Sc
rious. The bullet could not be found,
and has not to this day. From testimony
Of DIR. z. e. Wasgatt, OF Deer Isle, only a
little probing and cutting were done, be
expecting the bullet to become encyste d
and harmless where 1t was. But this has
not resulted. The bullet has not become
encysttd, but has dropped four or 1--we
inches from here 1t entered the body
causing, Il 10 claimed, great pain to the
plaintiff.
Several witnesses were called by the
plaintiff, including several surgeons who
testified as to the result of tue injury.
Also one or Two eye witnesses to the al
legged assault.
The plaintiff occupied all day Thurs.
day. Friday morning the dsfence took
up Its case. Attorney Deasy moved for q
non.suit in the cast OF Eaton VS.. Gray
aud White on thu ground that ths suit
was brought against the two defendants
Jointly while tue assaults were committed
separately. The attorneys argued for half
an hour or more with the result that the
plaintiff Withdrew the suit against White
FRIDAY, JAN. 20.
At the opening OF the court Friday
morning Mr.. Little field, for the defend.
ant In the action of Goss VS.. Eaton
asked for a continuance of the case on
the ground that the principal witness
was i'll. The court continued the case.
In the action of Dunbar Bros. vs.
Dwight Braman MIR. Deasy asked for q
continuance ON account OF the illness oil
the defendant. The court granted the
motion, tut with the stipulation tina,
1t was not again TO be continued on &C.
count Of illness by the defendant.
Tue Jury was then called aud the de-
feucs In the two cases on trial started
Mr.. Deasy occupied half an hour his
opening. He endeavored to show tina,
The assault committed was by an officer
oil The law in discharge of his duty, and
That he was justified.
To begin with the defendants claimed
mat they went to the island for The
purpose OF arresting the plaintiffs who
We're violating the clam law OF Vinal'
maven. They were warned to keep away
and not touch the plaintiffs. When they
started to place them under arrest hi
plaintiff hit White, who was a town con-
hla HE In 4 b. Ala .x.al 1, n aI..,a Aaa Thar