Daily Kennebec journal., 1908-12-16

cember term Of law, court 1907. At
that. time no one appeared for the re-
spondent and at the June term. 1908 OF
the law court at Portland, the respond
ent petitioned that the case be retain
ed upon the law docket and his appeal
was heard and petition granted. At
the nisi prius term, April, 1907, Al an
L. Bird Of Rockland and Frank NJ.
Zottoli of Boston appeared for the re-
spondent. Hon. l.. M. Staples of
Washington now appears for Teti and
Assistant Attorney General Warren c.
Philbrook Of Waterville for the State
Teti has been, confined in the Knox
county Jail at Rockland since his con-
viction in April. 1907. and he is said by
Sheriff Tolman to be a model prisoner.
Senator Staples in arguing before the
law court in behalf Of Teti Tuesday
claimed that another Italian, Vito
Florentino, who was in the quarrel
among the Italians was the guilty party
and that the jury was prejudiced by
reason Of the nationality of the respon-
dent and failed to understand the in
structions OF the court.
The other Knox county cases were
quickly disposed of. The case of Hur-
ley, appellant VS.. South ThOmaston, in
which D. N Mortland of Rockland,
counsel for Hurley, submitted a brief
at the close of the Monday afternoon
session of the law court was argued
orally for the town of South Thomaston
Tuesday forenoon by A. S. Littlefield
of Rockland. AS has already been
stated this is a case in which the
plaintiff, Mrs. Frances Hurley, petition
ed the selectmen of South Thomaston
for. settlement of damages caused by
the raising of the grade of the high
way in front of her premises by the
ROckland, South Thomaston & Owls
Head Railway with the alleged con-
sent Of the South Thomaston select
men. The selectmen refused to grant
the petition and at the September term
Of the Knox county supreme court,
1908, damages were awarded Hurley.
Attorney Littlefield in behalf of the
town Of South Thomaston argued that
the Rockland, South Thomaston &
Owls Head Railway was responsible
for the damages rather than the town.
The other Knox county case sched-
uled, that Of Julia Abbott VS.. City of
Rockland, was argued in writing by
an action in the Knox county supreme
court, April term. 1903 for injury sus-
tanned by defendant on account Of al
legged defective highway, Oct. 10, 1905,
in the city Of Rockland. The court
below ordered non-suit on the ground
that actual notice within "a hours was,
not proven City Solicitor Philip How
ard for Rockland, A. S. Littlefield for
| Abbott.
The only Lincoln county case to be
| argued orally consumed all the re-
| naming time of the day This was the
case of James S. Merry, administrator
VS.. Maine Central Railroad Co. This
was personal damage action A
Young man, James William Merry,
was killed while at work upon bridge
of the company In New Hampshire
over the Saco river The case was
tried at the April term of the Lincoln
county supreme judicial court and
verdict of $4721 given for Merry. The
case comes to the law court upon de-
fendant's exceptions and motion for
new trial. Littlefield & McCurda for
plaintiff, Nathan & Henry B. Cleaves
& Stephen c. Perry of Portland &
White & Garter Of Lewiston for de-
|. fendant.
PenobscOt county cases are called
| for 10 A. M. Wednesday. 1t, now looks
| as If at least a dozen of the long list
Of cases for that county would be
argued orally. In that case 1t will
take more than the entire day to hear
them. Piscataquis county cases are
scheduled for Thursday.
Among the attorneys from out of the
city present at the session Tuesday Of
the law court were w. H. Miller of
Waldoboro, County Attorney Cyrus R.
Tupper of Boothbay Harbor, Charles
L. McCurda Of Wiscasset, Stephen c.
Perry of Portland.
The law court Tuesday handed down
the following rescript in York coun-
ty case, involving validity OF lease:
York County.-City of Biddefcrd VS..
Frederick Yates. Rescrpt, Spear, J.
This is an action of trespass involv-
ing the validity of lease of the plain
tiff to the defendant There is no mate
rial dispute upon the facts facts. The
locus in quo is the Opera house, so
called, embracing the hall in the city
building and used for the purpose of
giving plays, operas, etc, together
with all the rooms and appurtenances
belonging to and connected with the
hall. On May "A. 1904, the plaintiff was
the owner Of the hall and appurte-
nances On the same day the city coun-