The Republican journal. [volume] (Belfast, Me.) 1829-current, 1909-01-14
SUPREME JUDICIAL COURT,

SUPREME JUDICIAL COURT,
Judge Arno w. King of Ellsworth, Pre-
siding.
Wednesday morning, January 9Th, was tried
the case of Stevens VS.. Stevens, an action on
account brought against Wilbur Stevens by
Sarah L. Stevens, parties of Knox. The plain
tiff claimed that she sold farm and personal
property to defendant January 81, 1906, and
again in February she sold more personal prop
erty to him. amounting to $131.69. That a few
days later the defendant paid her on account
S72, thus leaving balance of $500 her due.
The defence claimed that he had paid the
show for it. The jury returned a verdict of
$6625 for the plaintiff. Bowden for plaintiff;
Richie for defendant.
In the afternoon the case of Thomas C.
Nicke1 son vs. Elnatha w. Robbins was on trial
before drawn jury. There are two cases
between these parties, which are actions for
trespass on the part of defendant in crossing
plaintiffs land The defendant claimed in
justification, first, that he was entitled to a
way of necessity over the plaintiffs land, as
appurtenant to his lot; and, second, that the
city of Belfast had laid out private way for
him over the plaintiffs land. 1t developed in
the progress of the trial that the facts were
from the jury to be placed, later in the term,
before the presiding justice or reported to the
law court. Dunton & Morse for plaintiff;
Richie for defendant.
The case of Stephen S. l.. Shute. Melinda E.
Willis Fred A. Shute, Ralph D. Shute, Edward
Shute, Mildred Shute, Daniel Shute and Irene
Shute, versus Hartford Shute, continued from
last term, was settled by default for plaintiffs.
In this case the Shute heirs were contesuing
for the real estate in East Belfast of Mary E..
Shute, who died the oath day of last March.
The farm, containing about 125 acres, was in
her name. Soon after she died deed, pur
porting to be signed by her, was recorded in
the Waldo registry of deeds, conveying the
real estate to her brother Hartford Shute. AS
the deed was not acknowledged until four days
before her death, and it was known she was i'll
in bed two weeks, unconscious the greater
part of the time, investigation was commenced
and it found that some other person &C
knowedged the deed, claiming she was Mary
E. Shute The defendant, upon advice of his
counsel, allowed the case to be defaulted.
Dunton & Morse were attorneys for the plain
tiffs and Eben Littlefeld for the defendant.
The case of Stephen S. L. Shute administrator
vs. Hartford Shute and Belfast Savings Bank,
trustee, was taken up Friday morning. This
is suit to determine the ownership of certain
moneys in the Belfast Savings Bank and Sears
port Savings Bank, left by Mary E. Shute,
deceased. Certain orders these two banks
appeared, purporting to be signed by Mary E.
Shute, but which were suspected to be forged
Quite a number of witnesses were heard, in
Guiding experts in handwriting. William H.
Quimby formerly treasurer of the Belfast
Savings Bank Wilmer J. Dorman the pres
ent treasurer of the bank, and William K
Neal of Portland qualified as handwriting ex
perts, and all gave their opinion that the Or
ders were not signed by Mary E. Shute. Mrs
Tryphosa E. Erskine of Standpoint and Ralph
oh of
Telephone & Telegraph Company in this city,
were also examined. The testimony all
in at IL o'clock and the court permitted coun-
sci to rest until afternoon before putting in
the arguments. The case was sent to the
jury about $50. Verdict for plaintiff for
$l069.4S Dunton & Morse for plaintiffs; Eben
F. Littefeld for defendant.
The case of John B. Nealley of Northport
versus the Great Eastern Indemnity & Cas-
ualty Company of New York, an action of con-
tract was called late Friday afternoon and oc-
cupied the greater part of the day Saturday.
The plaintiff put in claim for injuries receiv
ed in the lunch room of the Commonwealth
hotel in this city, in September 1907. The
plaintiff claims the full indemnity, while the
company, under clause in its policy, stipu-
lating that one-ffth indemnity shall be paid if
the policyholder shall be proven intoxicated at
the time of the I'M ury, rendered that amount,
S14 to the plaintiff, which he returned. His
claim is that he was not intoxicated at the
time of the injury, but that immediate Y after
the accident stimulants were brought to him,
while he was suffering great pain, which he
drank. Many witnesses were called including
several physicians. The case was non-suited.
The equity case entered as c. H. Merrill and
Charles E. Libby versus Charles A. Milliken
and Sarah G. Bassett, administrative involving
the sale of street railway property was taken
up Friday This case has been in court since
1906, and there is an imposing array of coun-
sci. The plaintiffs are represented by Hon.
Charles F.. johnson of Waterville, Judge Reuel
Portland and the defendants by Heath & An
drews of Augusta and Hon. William P. Thomp
of Bangor Saturday there was a hearing
before Judge King motion by plaintiffs
for leave to strike out the pleadings at law and
plead in equity. Judge King took the matter
under advisement The amount originally
involved in this case was 1926, 900.
The grand jury, which had been in session
since January 9Th reported about noon Satur
day, having found Is indictments as follows:
George E. Benson of Belfast assault with
intent to kill.
Miss Vina Tourtellotte, Old Town, arson.
Lester Sanborn, single sale, three counts.
Lester Sanborn, common seller.
Joseph M. Larrabee, common nuisance.
Charles A. Monaghan, common nuisance.
Andy L. Knowlton, single sale.
Charles E. Marden, Liberty, common nui-
sance.
Homer Carter, Belfast, proprietor of the
Commercial House, common seller and two
single sales.
No Indictment was found against Eden
RoWell, the young man who was committed to
jail three months ago, held on the charge of
breaking and entering store in Liberty, by
Trial Justice ]. o. Johnson. Rowell was dis
charged.
George E. Benson was arraigned late Satur-
day afternoon charged with assault with at
tempt to kill Miss Stella Moore and pleaded
not guilty He was held for trial.
The following new cases have been "entered
by leave"
True G. Trundy VS.. w. S. Edminster. Har-
riman.
True G. Trundy VS.. W. S. Edminster and
Geo. A. Edminster. Hartman.
Gorge A. Mathews vs. Howard A. Ray
Hartman.
Walter S. Pond VS.. Herbert Harmon and
Elisha G. Norton. Jones'
Sarah A. Spencer VS.. Robert F. Dunton and
William P. Thompson. Rogers; Dunton &
Morse.
J. L. Hammett Co. VS.. j. H. wardwell
Richie.
A. A. Howes & Co. VS.. J. H. Wardwell.
Richie.
The following cases have been disposed of
for this term:
Arthur P. Libby ct al VS.. Portsmouth, Kit