Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1906-03-20

MARCH TERN. 1905.

lie xEASk, mooo0o60As
The first week of the March term of
court has been quite busy one, but has
! not been very fruitful in positive results.
A large amount of work for the term has
been laid out, and two cases have been
tried, with disagreement OF the jury In
, each, leaving them whore they started.
Judge Spear assembled the bench
promptly as the bell ceased ringing at 10
; O'Clock Tuesday morning, and the March
term of court began. Prayer was offer
ed by Rev. j. W. Chesbro Of the South
Paris Baptist church, and the usual
formal proclamations were made.
The seventeen members of the grand
Jury empaueled at the October term re-
sponded to the rollcall, and the jury was
Immediately sent to its room to begin
the work of the term.
!. The traverse juries were empaneled as
follows:
FIRST JURY.
Adelbert Delano. Canton. Foreman.
Edwin K. Allen, StOneham.
A. ID. Andrews, Parls.
Henry w. Bonney. Sumner.
David A. Bradley. Fryeburg.
Almon Deco ter. Hebron.
Stillman J. Durgin. Brownfielh.
Fred u Edwards, Bethel.
Frank n. Emery. Albany.
Dana K Elm, It. RumfOri.
Francis A. Gilpat lex, Hiram.
john Goggin. Peru.
| SECOND JURY.
Charles NJ Kmbsll. Bethel Foreman.
Ellsworth p. Howard, Rumford.
S. r. Heald, Lowell.
Charles q. Hill. Woodstock.
Rust jackson, Norway.
Adelbert Kidder. Mexico.
Mark 4. Lapham. Greenwood
Edwin Z. Libby. Norway.
Fred II. Merrill. Roxbury.
Daniel Z. Smith. Dixfeld.
Charles o. Stacy. Porter.
A. X. Thomas, Oxford.
! w. S. Perkins of Waterford was ex-
cuSed on account of illness in his family.
1t was very evident from the result Of
the call of the docket that there would
be no lack of business during the term.
The trial list as it then stood numbered
A cases, which is about twice the usual
number, and though it takes several
cases on the trial list to make one trial,
a list of that length is apt to have con-
siderable business in it. Moreover,
Judge Spear announced at the outset
that he could be here only three weeks,
Penobscot County on the first Tuesday
of A ril; and as he understood there was
a prospect of large amount of criminal
business, he should take that up the
second week, Immediately after the grand
jury finished it's work. He therefore
thought it best not to make any assign
ments, but to hear two or three cases
which were all ready for trial, and
let the others on the list come on in
order as they stood, whenever they could
be reached. Therefore, with the ex-
ception of about half dozen cases, the
long list which had been made up was
left without assignment.
wooDMAN VS.. MAXIM.
| Immediately after the noon inter-
mission on Tuesday was begun the trial
of the case, Sylvester B. Woodman VS..
Harriet B. Maxim. This was an action
brought to recover for alleged false
representations in the sale to Mr.. Wood
man of the farm in Hartford owned by
Mrs. Maxim, who is the widow of DR..
Maxim. In the summer of 1908 Mr..
Woodman, who had been in Wyoming
for several years, came to Maine with
stock farm. The Maxim farm was the
first one he looked at, but according to
his story of the transaction, learning at
the very outset on arriving at the farm
that it was much smaller than he want
ed, he abandoned all thought of pur-
chase. Later, on receiving information
from Mrs. Maxim's son-in-law, James Z.
Irish, that the farm was larger than it
had been estimated, he returned, and on
the statement of Mrs. Maxim that the
farm contained a total of PA acres, he
bought it, paying $3.50 for farm, stock,
crops and farming tools. Some time
afterward he found that the farm was
smaller than the acreage named, and
having it surveyed by an engineer he
found it to contain 113 IA acres. He
also asserts that he was assured by Mrs.
Maxim that the we'll in the yard had
never failed to furnish sufficient water
for the stock, but that soon after he
moved there the we'll gave out, and had
been dry much of the time since, and
testimony was introduced for the plain
tiff to show that while Mrs. Maxim lived
on the farm much snow had been melted
for water.
For the defence 1t Is asserted that Mr..
Woodman had ample opportunity be-
fore making the trade to examine the
farm, the limits of which were we'll de-
fined by fences except on one boundary,
and that he did in fact 60 over quite a
portion of it for examination; that no
positive statements as to the acreage
were made to him by any one, nor was
any statement made in regard to it that
he gave no sign of dissatisfaction with
his bargain for many months after Occu-
plying the place. The story of the ne
gotiations for the purchase was gone
over in full detail, showing some differ
ence in the Interpretation of them by
the two parties to the transaction. AS
to the water supply, it is affirmed that
the water in the we'll had never failed
previous to 1903, the year of the pur-
chase, which was year of the most
severe drouth ever known, and that the
melting of snow which had been done
on the farm in previous years was for
the purpose of securing soft water, the
water in the we'll being very hard.
Swasey for plaintiff; Bisbee & Parker
for defendant.
This case occupied a portion of Tues
day afternoon and all of Wednesday and
Thursday. The jury were sent out to
consider it at the opening of court at
$50 Friday morning. They remained
out until about o'clock, when they
were sent to the hotel to dinner. Then
they resumed work on the case, and
about half-past three came in for addi-
tional instructions. Retiring again,
they remained until about O'Clock,
when they were released, having been
unable to agree.
RAY vs.. BIsBEE.
Friday morning the trial of William Fl.
Ray VS.. Harry 81. Bisbee was begun.
This was an action for personal injuries.
Bisbee runs q saw mill in Sweden, In
which Ray, whose home is in Waterford,
and who is now % years of age, was
formerly employed. On the 9Th of June,
1905, while employed running cutting
off saw in this mill, Ray met with an &C
cident by which his left hand was
mangled so that all the fingers and
portion of the palm had to be amputated,
leaving only the thumb and portion Of
the palm. As described by the witnesses,
this saw was rugged so that the operator
stands in front, and taking hold of a
brake pulls the saw toward him to make
Il tho cut than LET'S On the brake and the