Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-12-16
Androscoggin and CAM
ber|and Cases Argued.
Assignment Of Justices Made
For Nisi Prius Terms.
Large Number Of Rescripts Hand.
ed Down by Law Court.

The actual work of the December
term of the law court was begun
Wednesday forenoon. The sitting JUS
tees took their places upon the bench
at 10 o'clock and prayer was offered
by Rev. Leroy w. Coons. pastor of the
Winthrop Street Universalist church.
Among the attorneys present at the
law court sessions Wednesday were
F. *. Morey of Lewiston, county at
torney of Androscoggin county, w. H.
Judkins and H. f. Holmes of Lewis
Eaton Of Portland, county attorney
of Cumberland county, James Con-
nellan, E. H. Wilson, Judge Enoch
Foster. Frank H. Haskell of Portland.
Dennis A. Meaher of South Portland
and Ray w. Fellows of Bangor.
The Androscogsin { county docket
was the first to be called. Three liquor
cases only, which We're sent up on eX-
ceptions were taken up. A number
of cases from this county will go over
until the June term of the law court
on account of the illness of the court
stenographer. which prevented the
preparation of the testimony. Several
of the continued cases. which have
already been considered were stricken
from the docket. The cases argued
Wednesday, forenoon were as follows:
State VS.. Forth. Thomas Forth of
Lewiston in this case was found guilty
in the lower court Of maintaining q
on exceptions to the ruling of the
"a @Io .NlGa
to testify to tn" names of the parties
complaining against the respondents
place and IN not permitting the re-
spoHGfnt lo testify to the amount Of
his weekly grocery business. County
Attorney +. !. Mercy appeared FOR the
State and Tascus AtWoud for the re-
Spondcnt.
state vs.. Ouclette. Vital Ouolotta
of Lewiston III the lower court was
found guilty Of maintaining q liquor
nuisance case and sentenced to pay
fine Of 500 and serve four months
in jail Tile case came up on eXcep-
lions to jhn ruling Of the presiding
justice in refusing to admit two cir
cular letters handed to the respondent
by a deputy collector of internal reve-
nue.. County Attorney +. A. Mores
appeared for the State and w. H. Jud-
kins for the respondent.
State VS.. PeiOqun. Alfred Peloquin
Of Lewiston was found guilty in the
lower court of maintaining liquor
nuisance and was sentenced to a fine
of 5000 and four months in Jail and in
default Of payment of fine and costs
six months additional in Jail The
ease came to the law court upon ex-
ceptionS- of the respondent on the
ground that evidence was not intro
duced to show the actual day of the
rising of the grand jury, where the in
dictment alleged that the offence was
committed between the 1st day of
May and the rising Of the grand jury.
County Attorney f. A. Morey appeared
for the State and H. f. Holmes for
the respondent
The arguing of these three cases
took only until 11.45 and court then
adjourned until 230 in the afternoon
The AroOstOOl county cases We're next
on the docket, but as the ArOostoOk
attorneys were unable to reach Au-
gusta in season for the afternoon ses-
sion it was decided to call the Cum
Derland county docket next. The fol-
lowing Cumberland county cases were
argued:
Jensen VS.. CAMEL. This is a case
where Harry II. Camel, deputy
sheriff Of Cumberland county served
q writ for a doctors bill of $50 upon
the respondent. Julian C. Jensen of
Portland ard attached 1914 of property.
The defendant claims that not only
was too much property attached, but
also that portion of the property at
tached was exempt under the law. D.
A. Meaher for the plaintiff, Comedian
& Comedian for the defendant
Levy ct al. VS.. Webster ct al, aplt.
The defendants John f. Webster and
Eliza J. Webster leased goods of the
Puritan Clothing Co.. doing business
in Portland Webster did not pay and
was arrested upon a writ of trover
A note signed by Webster was given
in payment of judgment for the
plaintiff and the defence now claim
that the note was obtained by duress.
E. H. Wilson for plaintiffs, Dennis A.
Meaher for defendant.
Massachusetts Breweries Co. VS..
Herman. The Massachusetts Brew
cries Co. in this case upon replevin
writs seized upon bottles marked with
the company trade mark, which We're
found in certain junk stores in Port
land. These bottles are never sold but
are always ordered returned to the
company, which has done a consider
able volume of business in this State.
The case comes before the law court
on rather unique point, the question
whether one of the bondsmen on the
replevin writ, being Boston man,
was eligible for that purpose in this
State. The case against Morris Her.
man is taken as q test case of those