The Somerset reporter., 1906-10-11
Somerset s. j. Court.

ssrrgvTta IsF2, ri.
~ p %.a7se'r's, J f,s.'4iqs. $780,. (,...
1Hs,. j. Ysrss, County A,,araey.
j. sIbslEY ksTEs, s.euosrspaet
Cl'oe II. saIs5, sheriff
DlprtEs.--D. q W. = Norn9ksWs1k. ]. 4
Gooduch d Palmyra; J. =. Ping II Cauoutge; A
W, Roweil Il soon, and L. L. At~oo5 i Sew Port.
and.
In the action Of troyer Wm. r. Whit
ney vs. Abbie Libbey on trial as We
went TO press, last week, the jury re-
turned verdict for pIs ntiff for 5000
In the other action between the same
parties tried at the same time for &C
count annexed, verdict was for defend
ant
Thursday the case of Parker NJ. San
born and the Bradbury Bros vs. Fred L
Baker of Bingham. This suit was to
recover for balance due on contract the
plaintiffs had with said Baker for driy-
ing logs on Austin Stream in the spring
of 1904 Amount sued for as s49 %
he contention of the defendant WAS
that it was a change of works with said
plaintiffs and that bis account fled 10
set off showed an account against them
equal in amount to this bill. The
plaintiffs contention was that this bill
brought In by the defendant. after being
allowed, left a balance of $4,000 Yer
dict Uf 81. 90 was returned for plaintiff,
accompanied by certificate from the
jury that the amount was reduced be low
$40 90 by reason of the defendants ac-
count in set off-thereby giving the
plaintiff full costs. George ". Cover
for plaintiff; W. T. Haines for defend
ant.
The damage suit of Demario VS.. Ma.
honey ct al, and the Somerset railway
trustees, in which the plaintiff sued to
recover for personal injuries sustained
while IN their employ on the Somerset
Railway extension, was dismissed foI
want of jurisdiction. This WAS the sec
ond time this case had been entered, il
being dismissed the first time on motion
of plaintiff.
The action of David D. Steward vs.
C. l. Barker of Lewiston occupied the
attention of the court from Friday
morning through Tuesday afternoon, in,
Guiding an evening session Monday
This WAS a suit in which the plaintiff
sought to recover for legal services rem
dered in the several actions against the
Somerset railroad for the recovery oi
principal and interest on the bonds held
by the defendant said services covering
a period of years extending from 169(
down to 1904. The claim of the defend.
ant was that the plaintiff took the case
conditionally, VIZ: That If he lost there
was to be no charges; if he ION he wat
to be paid literally; that the plaintiff
was already the attorney for the town
of Anson, who owned a considerable
portion of similar bonds as his and wal
engaged by said town for the came pur
pose as that which he was to act fol
him; that plaintiff solicited defendant
to unite with the town thereby strength
ening his cause; that plaintiff was sure
of his fee for legal services from this
town in acting for it; that he had nc
reason for employing him under any
other conditions than a promise Of q
contingent fee, for If the case was wor
for the town of Anson it was won fol
him as well. The plaintiff did not den,
the fact as alleged by the defendant il
any particular except so far as there
WAS a verbal agreement between then
that he should take the case undel
promise OF contingent fee-this he alb
solntely denied, ana be produced Z
yoluminous quantity of letters writer
him by defendant concerning the cast
and from others interested in the same
actions, all of which the plaintiff claim
ed had bearing strengthening his con
eutions. The amount sued for wa
50 go. Verdict for plaintiff for $757
and the jury brought in special finding
| that the payment for legal services wa
not to be contingent on recovery. D. d
! Stewart and E. \ Merrill for plaintiff
(. NJ. Briggs of Lewiston ard FOrres
Goodwin for defendant.
The criminal docket contained bu
few entries to be disposed of, viz: Nor
ris McCollsr for over driving horse o
L. W. Chase, sentenced to 30 days a
hard labor in Jail; Nal Moody Dawes o
Madison, rape, five years in the stat
prison; Wm. Howard, common seller
S1C0 fine and costs taxed at SIS 90; J
Fl. Gray, search and seizure appealed
from municipal court, fined 800 ant
costs taxed at SIS 90.
The old liquor indictments on tn
docket Of Rufus Burns (2) and Harr.
Williams were mol pressed on recon
mendation of the County Attorney
There were other appealed liquor casel
to he heard but owing to the Illness o
the County Attorney, they were con
tnued.
The following divorces were granite,
during this term, a larger number tha
for some years:
Lille r. Gray of skowhegan, lib VS.
Edward w, Gray of Hartland Dlyore
decreed for gross and confirmed habit
of intoxieation. Custody of child, job
cray, given TO libelant
Fannie E Waller of Skowhegan lit
vs. Augustus Waller. Divorce decree
for extreme cruelty, uon support am
cruel and abusive trea men. Custod
# children Catherine, Marion an,
Henry, given to li6elant
bella Lewis. Harmony, vs.. Frsnl
Lewis. Divorce deoreed for cruel an,
i abusive treatment. Custody of Ida aut
j Victor Lewis, minor children, given I,
i libelan'.
Mary f. Peavey, Skovhegan, lib vs
i Tn Peavey, Canaan. Divorce decreet
for gross and confirmed habits Of intoxi
cation Lbelauts name changed Il
/ Mary Stearns
Pearl r. Brown, Hartland, Lib, KS
+ Paul X Browu Divorce deereed 70
cruel and abusive treatment Custod,
Of minor child given TO lbelant.
Lula VI. shaw, Hattlaud, lib VS. JOS
/ = shaw Divorce derrppd for rruel anf