Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-11-23
BEFORE COURT.
Water District Hearing
Does Not Occur.
Release Of Charles c. Stuart
on Habeas Corpus Writ.
Rescipt From Law Court in Oxford County
Case, Wright vs.. Holmes.

Before Associate Justice Albert M,
| Spear of the Supreme Judicial court
Wednesday, a hearing was scheduled
| on the bill in equity brought by the
American Wooden Company of Vassal-
| boro versus the Kennebec Water Dis
| trict of Waterville, asking for tenn
DOrary injunction to restrain the
| water district from taking water from
China lake.
The bill of the complainant con-
tanned nine counts, the allegation being
that because the district took water
from China lake the complainant was
greatly handicapped in the operation of
it's wooden mill at North Vassalboro.
Robert l.. Raymond, ESQ.,, of the law
firm Of Raymond & Gordon of Boston
and Charles F. Johnson, ESQ.,, of Wa
terville appeared as counsel for the
complainant and Harvey d. Eaton,
Esq, of Waterville for the defendant.
Others present at the hearing were Dr.
Frederick c. Thayer of Watervlle, Vir-
gil r. Conner of Fairfield and Ira E.
Gctchell of WinslOw. trustees of the
water district; Christian Knauff.
president of the Waterville Savings
Bank; George X. BOutelle Of Water
vile, trustee of the water district: F.
H. Jealous, agent of the North Vassal-
boro plant of the American Wooden
Company; and William S. Bradley and
Benjamin j. Seward of East Vassal-
bCro.
Counsel for the complainant wanted
the counsel for the defendant to agree
to carry the case to the law court so
that it could be argued at the Decem-
Der term. Attorney Eaton stated that
he desired the complainant to produce
the evidence for it's side but counsel
for the complainant refused to do so
and the hearing was adjourned.
A unique case was heard, Wednes-
day. by Associate Justice Albert M.
Spear of the supreme judicial court.
Some time ago H. II. Patten. Esq. of
Bangor, counsel for Henry F. Andrews
Of Bangor, cited Charles c. Stuart of
Saint Adams, in Somerset county, on
an execution for $304.20 to disclose be-
fore George M. Chapman of Fairfield, a
disclosure commissioner. On this exc
cutinn Stuart was committed to the
Somerset county Jail at Skowhegan.
1t was brought out at the hearing
that section %, chapter ia of the Re-
vised Statutes was amended at the last
session of the legislature so that now Il
debtor can be cited to disclose only in
the town of the creditor. the town of
the debtor and the shire town of the
county.
Through his attorneys. Gould & Law
renee of Skowhegan, Stuart brought
habeas corpus proceedings. asking for
his release on the ground that he was
cited to appear in town to disclose
not authorized by the Statutes and con-
sequently the commissioner had no
jurisdiction over him.
Justice Spear sustained the writ of
habeas corpus and ordered the dis
charge of the prisoner.
Exceptions were taken by the
creditors counsel and the case will go
to the law court for final adjudication.
Charles w. Jones. clerk of courts for
Kennebec county. Wednesday. received
rescript in the Oxford County case of
James S. Wright. Administrator versus
Laura 1. Holmes.
The rescript by Justice Savage is as
follows:
l. An administrator Is the proper
party to sue for the goods which once
belonged to his intestate, but which
were disposed of by him, by a fraudu-
lent and void transfer or gift.
2. In this state, prior to June l. 1903.
when Chap. 100 of the Public Laws of
that year took effect, a married woman
might make such disposition by gift.
voluntary conveyance or otherwise. of
her personal property during her lif&
time. as she wished, even though her
husband was thereby deprived of the
diStributive share therein. which would
otherwise fall to him upon her death;
and even such disposition was made
with intent to prevent his receiving
such distributive share.
2. Whether this rule will apply as to
gifts causa mortis. since chapter 100 of
the Public Laws of 1903. permitting a
widower to waive the provisions Of his
wife'S will, and take his distributive
share in her personal estate. as if she
had died intcstate, is not decided.
Judgment for the defendant
Reed Nov. 22nd, 1905.