Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1906-04-18
EG5ntisrmnts.

estopped on their part from suing to re-
cover the third boiler.
/ The Court reserved decision.
PArTEN VS.. PATTEN.
The frs. jury trial OF the term was that
OF John II. Pstten, OF Franklin, VS.. Ella
/ u. Patten, widow of Frank Patten, a
brother of the plaintiff. This was suit
/ to recover for a loan OF 500 alleged to
have been made the defendant IN 1889.
| The plaintiff claimed that the loan was
made to Mrs. Patten for the purpose OF
helping her buy a small place in Franklin,
and on her representation that she owned
property in Pennsylvania, and would be
| responsible.
| The defense claimed that the loan was
made TO the defendants husband, Frank
Patten, now dead, and put on the stand
I Abram Fernald, who testified that John
/ III. Patten soon after the loan was made,
told him he had loaned 800 to his brother
/ Frank.
among the several brothers also entered
into the case, defense claiming that, even
II the loan was made, the signing over Of
I Frank Patterns interest in the homestead
was a consideration for the loan.
The case was given to the jury at 40
I p. m. The jury remained out until mid
night, aud Saturday morning reported
disagreement.
SNOW Vs. WILEY.
The case Of Almon c. Snow vs.. Clifford
Wiley, both OF bar Harbor, referred to
I the Court, was heard Friday afternoon and
/ Saturday, considerable evidence being
( taken out.
I This was an action for trespass, plaintiff
{ claiming that defendant had, without his
consent, taken certain trees and shrubs
from his land and transplanted them to
the Blair place.
| The defense admitted taking the shrubs.
but it was through n misunderstanding on
/ the part OF his foreman ON the job, who
| testified that he believed he was on land
OF Mr.. Brewer, whose consent to take
/ the shrubs had been obtained. The shrub s
in question had, in fact. been paid for to
Mr.. Brewer.
| The defendants had offered to put land
! In condition found, or pay for shrubs
taken, but contested suit for treble dam
ages.
/ The Court reserved decision.
CARLISLE VS.. PARKER.
The case Of Myron r. Carlisle, of surry,
W.. Henry Parker, of Bangor, was tried
Monday. In 1905 plaintiff borrowed of
defendant money 20 enable him to start in
the grocery business, giving note and
mortgage. The note was a!terward sold
I by Mr.. Parker, and plaintiff claims that
certain credits due him, amounting to
J about $50, were not endorsed upon the
I note as agreed by defendant.
/ The jury returned verdict for plaintiff
/ for sl4i.05.
! SECOND JURY FILLED.
! The second traverse jury, which was
I not completed at the opening OF court last
week, was filled by an extra panel. The
! jury was finally empanelied Tuesday
morning and organized as follows:
| SECOND TRAVERSE JURY.
| Reed Benz amin d. JorsmaR...........rre fremont
I jones' Lu1ffts biNoNHfAtFs
Jordan. Nathan G .........-.......... Mariaville
| Mayo Ben amin R......+.... Southwest HArbor
Means. Everett .................... Ellsworth
seAvey. Jedediah. BUCK port
| Snowman. George E................... Deer Isle
! Ausiib, Arthur W......-... ......... Ellsworth
/ King. Nathan ACKNOWLEDGEMENTS. Lamoine
/ aartin, George A ...........-........'' Hancock
| Richardson, A A........ ,.,............ Lamoine
I 4 Hancock
sUrERsUAERARr.
Walsh, T. ACKNOWLEDGEMENTS. Ellsworth
NICHOLSON vs.. NJ. C. R. R.
The case of T. NJ. Nicholson, OF Bucks
| port, vs.. the Maine Central Railroad Co.,
went on trial at noon yesterday. This is
| the third time this case has been tried out
| in the supreme court, it coming back from
the law court twice.
The Maine Central railroad had right
OF way over piece of property adjoining
1 Mr.. Nieholson's shipysrd. 1t came into
their possession when the marrow guage
road from Bangor to Bucksport was abb
sorbed by the Maine Central. Capt. Mich
olson seeks to recover the property claim
ing that the defendant company has for
| ltlttu It's right Dy hOt hSiu6 tnS PiNR0ASJ'
There are many witnesses to be exam
ined, and the trial OF the case VIII run
well into tomorrow, o. p. Cunningham
/ and o. f. Fellows appear for plaintiff, and
c. E. Woodward, of Bangor, for defend
ants.
| ASSIGNED LIST.
Following is the list of cases specially
assigned for trial, with record OF their
disposal to date:
1858. Giles va Gerry. Giles; Hale 4 Hamlin.
Neither party.
1 2057. Moore vs. Gerry. Giles: Hale Hamhh'
Neither party.
| 1858. Giles vs. shapleigh. Giles; King. De-
faIlted; continued for Judgment.
22l5. Patteo VS. Patten. King. Mason, Dea,y.
Tried Friday; jury disagreed.
| 20SJ. snow VS. Wiley. Clark; Deasy. Referred
to Court. Decision reserved.