The Republican journal. [volume] (Belfast, Me.) 1829-current, 1908-04-30
SUPREME JUDICIAL COURT,
Judge Albert R, Savage Of Auburn, Pre-
siding.


the case of Knox vs.. Rowe, suit for dam
ages The plaintiff, Miss Mabel II. Knox
OF Massachusetts alleged that she found in
the booklet of a real estate agency the de-
scription of farm in Brooks with picture
of the premises. The description set forth
that the farm cut 20 tons of hay, that there
were 800 cords Of wood standing and that
there was a brOOk-watered pasture capable
of sustaining IL head of cattle, The plain
tiff further said that she visited Hattie b.
Rowe, owner of the farm, and was assured
that conditions were as represented. The
plaintiff says that she purchased the farm
for $500. but claims that the farm was not
as represented; that instead of 20 tons of
hay but seven or eight could be cut from it,
that the brook ran dry in June and other
features failed M to tally with the catalogue
description. The plaintiff alleged that mis-
representation and deceit had been used
and claimed damages. The defense was
general denial. The case went to the jury
at adjournment and at 1870 p. m. they re-
turned sealed verdict The verdict was
read in court THURSDAY morning and was
for the defendant. DuntOn Il Morse for
plaintiff; R. W. Rogers for defendant.
Charles E. Lane of Brooks was awarded
damages assessed at one cent i'm the action
against DR.. Prince E. Luce, in a writ of re-
plevin, for the recovery of certain furniture
and goods. The plaintiff it seems took a
mortgage of certain pieces OF furniture and
household goods and later foreclosed on the
mortgage. During the absence of Mr.. Lane
from his home, DR.. Luce called there and
removed the furniture, which was hauled
away to the home of the physician. Mr..
Lane, on learning what had been done, i'm
mediately secured the services of an officer
and went to the home Of DR.. Luce, where
he secured the furniture, which was taken
back and this suit in replevin brought. Dun
ton & Morse withdrew from the case.
An action for trespass brought ty Ann f.
Nr.,ll, 1,.f.
the jury Thursday The parties live in
Swanvlle and the amount sued for was
$50 1t was the claim of the plaintiff that
in cutting hOOp-pOleS on the land OF one
Cunningham that Mr.. Harvey and others
for whom he was working, got over the line
between the two farms and cut on her farm.
The plaintiff claimed that the defendants
and their men had cut considerable on her
lot and that they willfully damaged her lum-
ber and lot. The defense claimed that they
had not trespassed, and if they had, it was
due to the fact that there was no dividing
line between the two farms and only by
accident could they have cut on the adJOln-
ing farm. The plaintiff was represented by
H. F. Dunton and the defense by Wayland
KnoWltOn. After occupying the attention
of the court all day the case was given to
the second jury, which returned a verdict
in favor Of plaintiff in the sum Of S2.os. os
Abbie S. Kilgore VS.. Annie Jackson. Of
fer to be defaulted at the January term for
$l696, to be accepted or rejected at that
term. Rejected. Mol pressed. No further
action. Dunton & Morse.
Clara E. Erskine, Pet. VS.. Frank A. Frs
kline. Notice ordered by copy of order and
petition to be served in January. Defend
ant ordered to appear on Tuesday, April 2S,
at 10 o'clock in the morning Beaton.
John A. Fogg and Marion E. irOWn VS..
Elisha Sherman. Parties live in Belfast
Defaulted by agreement Dunton Il Morse
Hartman.
Charles f. Thompson and B. H. Mudgett
VS.. Myron j. Clark and Horace Clark and
Firemen's Fund Insurance Co. Trustees.
Trustees ordered to disclose in January.
Trustees file disclosure as of first term and
offer to submit to examination. Thompson.
". Y. Patch for trustee.
George A. Heinold and Charles S. llumph-
rey and Joseph Spiers VS.. George Green and
Howard Ray. Defauted by agreement
Knowlton. Dunton Il Morse.
L. C. Fisher VS. j. W. Smart. Bankruptcy
of defendant suggested. Rogers. Brown.
The grand jury reported at noon Thurs
day and returned the Following indictments: +:
erty.
Bona II. Elkins, assault with dangerous
weapon.
Charles Marden, three single sales; one
common seller.
Winfield s. Edminster, nuisance.
Saveno Procopio, common seller, two SIM
gle sales.
James S. Glidden, two single sales.
Cleveland Dyer, single sale; common sell
ler.
Elmer Baker, assault and battery.
Alice GrOtton, assault
Andrew Berry, Zetham Berry, Granville
Richards and Herbert w. Hayes, four in
dictments for breaking and entering and
larceny.
Both traverse juries were excused.
The cases called Friday were disposed of
as follows:
Harvey VS.. Curtis, neither party.
Salinger VS.. Moore, default entered.
Sherman VS.. Hunt ct al, continued.
The Jury was excused at 10 O'Clock and
the case of Elbridge Gerry vs.. Fred A. Rich
ards was heard by Judge Savage. which
took up the remainder OF the day. The
parties to the case were from Lincolnville.
The action was bill in equity, the plaintiff
representing that he decided his farm to de-
fendant receiving mortgage, the condider-
alton being the support OF plaintiff and
wife. The plaintiff claimed that the terms
had not been fulfilled and that he had not
received proper support Judge Savage ad-
vised counsel to come to settlement If
possible, if not, he would take case under
consideration, Dunton and Morse for plain
tiff J. II. Montgomery for defence.
Saturday the following cases were dis
posed Of:
Mary A. Hatch VS.. D. A. Carter. Default
entered. Jones for plaintiff; Richie for de-
fendant.
Northport Wesleyan Grove Association
VS.. Henry Andrews. This was an action
for trespass, plaintiff claiming that Defend
ant cut the grass on Rugges park, so called,
and spoiled what might have been crop OF
hay. Defendant pleaded that he was inter-
ested in said park and had cut the grass to
! beautify and add to the attractiveness Of
the place. Case was withdrawn from jury
and referred to law court. Thompson Tor
plaintiff; Dunton and Morse for defendant.
Marden vs.. DOliber. Entry Judgment as
of mortgage per decree on fle.'
NickerSOn vs.. Robbins. Continued to
Monday.
Israel Woodbury. VS.. Delbert Paul. Suit
for balance of interest on bond. This case
| involved dispute as to the method of figur-
| ing interest, also as to an agreement. Yer
dict for plaintiff $236.55. Dunton and Morse
| for plaintiff Thompson for defendant.
Several divorce cases were heard, Friday
and Saturday.
The following cases were disposed of
Monday:
! Lois Freeman versus Aaron Ripley. Two
cases. Continued. Assigned for third day
of September term.
Haskell Adams & Company versus J. W.
Smart. Bankruptcy of defendant suggest
ed.
| c. M. Rice Paper company versus Her
| bert c. Libby and Central Maine Publish
| ing company, and Arthur p. Libby and
Charles E. Libby, administrator trustees.
| Trustees examination filed and offer to sub
NIT to examination. Mol pressed.
| H. r. Mitchell versus Ernest L. Libby