Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1909-10-27

Hopkins, William H. True; for the de-
Tense, Moses /. Mayo.
The case was not given to the jury, but
by agreement of council, was submitted to
the Court. Decision not yet rendered.
LEIGHTON vs.. WHEELER.
The case Of Leighton vs.. Wheeler was
the next tried. The plaintiff is the widow
and administrative Of Hollis Leighton,
the railroad section hand who was run
over on the Washington County railroad
on the morning of last Christmas, and the
defendant was the engineer of the train.
Plaintiff alleged that defendant was
negligent in not applying the emergency
brakes as soon as he saw the object on the
track ahead = a distance, as plaintiff
claimed, Of some 1000 feet.
Defendant claimed that every reason
able precaution was used; that the brakes
were applied as soon as it was seen the
object on the track was man, and that it
was impossible to stop the train in time.
Defendant further claimed that there was
nothing to prove that the man was not
dead when struck by the train. In reply
to this plaintiff offered expert medical tes-
timony to prove that the condition OF the
body, the blood where the man was struck
and along the track where the body was
dragged, indicated that the man was alive
when struck.
plaintiff for 1900.
l.
ID. f. Hurley appeared for plaintiff and
Henry NJ. Hall for defendant.
MOTION TO QUAsH INDICTMENT.
| There was an interesting little Legal
| battle Friday afternoon between l.. B
Deasy, attorney for Burtran G. Dow, an6
County Attorney Conary, on the formers
motion to quash the indictment against
I Dow for breaking, entering and larceny
on the ground that the description o.
stolen property as ''sundry bills and coins
to the value Of ten dollars, was no.
sufficient. Mr.. Deasy cited several de-
cisions in support of this contention.
| County Attorney Conary argued tina
the larceny in this case was secondary t.
the breaking and entering-that the mail
charge was breaking and entering witt
larceny as the intent as shown by tn,
| fact that larceny was committed. HI
cited decisions to support this convention
| The Court held the indictment good.
HOLMES vs.. SARGENT.
The case OF Roscoe Holmes VS.. RALPH
Sargent, an action on replevin to recover
COW, was tried Saturday. Thu plaintiff
owned COW which he hired out to defend
ant, the conditions being that he was t,
receive a certain quantity OF milk daily
Defendant admitted this as the origina
arrangement, but claimed that later
trade had been made by which he was t,
purchase the COW, to be paid for in mill
supplied for certain length OF time
Plaintiff denied any such trade.
The case went to the jury at noon Satur
day. Verdict for plaintiff
d. E. Hurley appeared for plaintiff
Harry L. Crabtree for defendant.
DIVORCES pEcREED.
The following divorces have been de
creed so far during the term:
Minnie Grover, iibellant from William 7
Grover; adultery. Z. s. Clark for libelani
W. E. Whiting for libellee.
Rosilla NJ. Ogden, iibellant, from Stephe
Smith Ogden; non-support. l.. +. Giles 70
libellant: U. G. Mudgett for Iibellee.
Samuel A. shorey, libellant, from Florenc
G.. Sho-ey; adultery. l.. f. Giles for Hbellan
Mittie NJ. Sargent libellant, from Roscoe Il
Sargent; non-support. G.. b, Stuart for libel
liant.
Alonzo s. Witham libellant, from Gertrud
Witham; desertion. w. C. Conary for libel
liant.
James G. Piper, libellant, from Eva f
Piper; cruel and abusive treatment +.
Mason for libellant.
Dora d. pettingill, libellant, from william
A. Pettipgill; desertion. +. l.. Mason 70
libeliant; John E. Bunker for libellee.
Nettie Paige. libellant, from Levi W. Paige
desertion. II. l.. Graham for libellant.
Mary Corners, libellant, from Alonzo "
Corners; desertion. Custody OF minor chill
dren decreed to libellant. Z. s. Clark for II
| bellant.
Andrew Doran, libellant from Emma Wa
Doran; desertion. w. e. Whiting for libel
liant.
Mira E. Trip, libellant, from Thomas 4
Trip; adultery. II. L. Crabtree for libellan
Virginia NJ. McIunis, libellant, from job
McInnis; utter desertion. T. II. Smith TO
| li5ellant.
David G. Dawes, libellant, from Iren
Dawes; adultery. q. b. Stuart for libellan-
Jennie NJ. Poor, libellant, from Laurel N