Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1906-10-30
Supreme judicial Court.
ocronrR TERM. 1909.

Supreme judicial Court.
OCTOBER TERN, 1905.
Andrew P. Wiswsll, Justice Presiding
Charles F. Whitman, Clerk
Charles O. Barrows, stenographer
Charles P. Barnes, County Attorney
Bertrand G. McIntire, Sheriff
HE Hammond. Crier
Ralph I. Trask, Messenger
Walter L. Gray, Librarian
The end of the October term of court
the longest ever held in South Paris, ID
not far off, the last case for the jury be.
ing now in progress. A short time will
see its completion, and the odds and ends
remaining will not take long.
1t is not only the longest term held
during the eleven years since this court
house was built, but it has been one OF
the busiest. With large amount of &C
cumulated work, and the ordinary bust
ness, civil and criminal, of the regular
term, there was much to do. 1t has
been turned of rapidly, Judge Wiswell
keeping things moving all the time, and
allowing very little waiting time. The
result has been the transaction of large
amount of business, both by trial and
otherwise, and very satisfactory clear
ing up of the docket.
The case of Addie L. Virgin of Mexico
vs.. The Prudential Insurance Co., which
was on trial Monday, went to the jury
about 8 p. NJ. In this trial the usual
order of closing was reversed, and the
defendant was allowed the closing argu-
ment. At the opening of the trial the
defendants counsel had moved that the
defence be allowed to open and close the
case, but Judge Wiswell denied the
motion, stating that in all his practice
he had never known such procedure
in this state. Later, however, on cita-
ton of authorities by the defendants
counsel, and in consideration of the fact
that the burden of proof in the only
question at issue rested absolutely upon
the defence, he allowed the defence to
close the case, and the arguments were
ably made, first by Hon. John p. Swasey
for the plaintiff, and then by Hon.
Harry R. Virgin of Portland for the de-
fence.
1t will be recalled that the question at
issue was whether Benjamin F. Virgin,
Jr., of Mexico, committed suicide, the
policy on which this suit was brought
being void by it's terms if such was the
fact. The jury was out about an hour,
and returned verdict for the plaintiff,
S1l25.33. The case goes to the law
court.
The next matter tried was the man.
slaughter case, State VS.. Henry L. Far
a report of which is given else
where.
THoMs VS.. FIFE.
Following the manslaughter case
Wednesday forenoon, the case of Frank
w. Thoms vs. Seth W. Fife was tried.
This was the scientific be exact, the
trade case tried during this
term. According to the story of the
plaintiff, who is stable keeper, he sold
a horse to Fife on the 18th of October,
1905. with the understanding that he
should keep the animal until the Sun
day following. The price agreed upon
was s12O.
On Sunday Mr.. Fife, who conducts a
seed business in Fryeburg, got the
horse, and the next morning the horse
was harnessed into the cart, and driver
started off delivering seeds. On We'd
pesday the horse was returned to Mr..
Thoms' stable and left there, and has
ever since remained there, kept by Mr..
Thoms, as he says, for Mr.. Fife, and has
not been harnessed. The suit was
brought for the price Of the horse, no
part of which has ever been paid.
The defence is that the horse was
as being sound and all right,
but that he had the heaves. Further,
that the trade was made on Sunday, and
was therefore made void by returning
the horse.
The plaintiff says that the horse when
returned to Thoms' stable on Wednes-
day following the delivery, was suffer
ing from lung fever, from which he
recovered, but that he did
not have and never had the heaves.
There was some divergence of testi-
mony regarding the details of the trade.
Wright & Wheeler for plaintiff; Swa-
sey for defendant.
Verdict for defendant.
SMITH VS.. STEVENS.
The case of Lewis T. Smith VS.. Grin
Stevens was an action for false imprison-
ment. The parties live in Oxford, the
defendant being a practicing physician
who also runs store in Oxford village.
1t seems that in the early part of the
year 1904 DR.. Stevens brought suit
against Smith, and in trial before
Justice secured judgment for small
sum. AS Smith had no property on
which to levy, he was cited to appear
before a disclosure commissioner, and
the commissioner who was selected was
Seth w. Fife of Fryeburg. The citation
appears to have been defective in itself,
and it was not properly served, in that
it was left at Smiths house instead OF
being served on him in person. Smith
consulted counsel and did not 60 to
Fryeburg. Thereupon capias was
issued, and on the 9th of April he was
arrested and taken to Jail at Paris, and
there locked in for a few hours, I'M
til ordered released by DIR. Stevens
attorney, Mr.. Hazen, later in the day.
1t is also alleged that the action against
Smith was malicious, as was shown in
the first instance by citing him to ap-
pear at Fryeburg, long distance away,
when there were disclosure commits
sioners within six miles, and also by
certain threats which DR.. Stevens is
charged to have made.
The defence is that from the time the
Judgment was obtained in the trial JUS
tice court until after Smith had been
locked in Jail, DIR. Stevens had no
knowledge whatever of the procedure
that was had in the matter, having left 1t
entirely to his attorney, Mr.. Hazen, and
that he had never made the threats
which were charged.
After the evidence was in, Judge Wis
we'll ruled that as the service of the cita-
ton to appear before the disclosure
commissioner was not according to the
statute, the further proceedings were
illegal, including the arrest and i'm
prisonment of Smith; that DR.. Stevens
was liable, whether he was aware of the
acts or not, because they were the acts
of his attorney; and the only question to
be argued was that of damages. The
case was accordingly argued and the
Jury was instructed on that point, an d
the jury fixed the damages at $500.
burlington and Swasey for plaintiff
Wright & Wheeler for defendant.
FURTHER CRIMINAL BUSINESS.
Wednesday afternoon Charles Kennedy
pleaded guilty to an indictment for