The Republican journal. [volume] (Belfast, Me.) 1829-current, 1909-04-29

Another trespass case is chat Of DR.. Alexan-
1er bioale OF Philadelphiasvs. Rev. Leighton
Parks OF New York, both SIMMER residents OF
isiesDoro. The action is brought to recover
damages to the amount Of $500, done to the
property OF the plaintiff i'm Islesboro. The
case was entered at the january term and has
been continued until the Sehtember term. Ar
thur Ths 5 L,ttefeld R. !: Thompson Of Rockland
Nettie M. Dickey has been continued.
lows:
- Kingsbury B; Crockett VS.; verlie A. Crock
ni{a..g k{inggsbYay 3. Crockett, vs. Geo. A. Crockett
Herbert 7. Drake, pet. for. leave to enter an
appeal from decree of Judge of Probate VS..
Estate of Henry S. Park Dismissed.
Albert Robbins, vs. Sarah E. Robbins, Admx.
Neither party. No further action.
g. T. kllgore, VS.. Harry L.Kilgore. Default
ed by agreement.
Probate allowing certain Instruments as last
will and testament of Arvil1a Buffers, deceased.
Request for trial of issue f.fact by jury filed.
Harriet Abbott Dahlam, vs. Harriet N. Alb
bott. Continued
Fred M: Ellis, VS.. New Eng. Tel. & Tel. Co.
Continued.
Annie J. Brewster, VS.. Miles S. Brewster.
A: A. Howes and R. H. Howes, VS.. M. A.
Godfrey. Neither party.
T: N: Pearson, M. D., VS.. Ethel Rogers. De-
faulted.
Ira D. Cram, VS.. Elisha 9. Norton. Con-
tinued.
A. W. Fletcher and Fred. L. Fletcher, VS..
Stanley Hunt. Continued
Oscar A. Shibles, VS.. Fred s. Walker. Con-
tinued.
C. M Conant, vs. Harrison Stevens and
Roscoe Stevens. Defauted.
James A. Adams and Roy Knight, VS.. Edna
M. Damon. Defaulted.
International Harvester Co., VS.. Charles L.
Austin. Non suit.
w. S. Perkins and M T. Perkins, VS.. Roscoe
E. Doty. Defaulted, continued for judgment.
The case of Savery VS.. Chadwick, an action
with an account annexed, was tried Tuesday.
The defendant is contractor and hired the
plaintiff to haul lumber for phosphate house
he built at Mack's Point for Ssearsport parties.
The hauling of the lumber involved the build
ing of a road, and plaintiff sought to recover
wages for himself and horses. Defendant
claimed he was not responsive for the build
ing of the road. The jury returned a verdict
of S115.35 for the plaintiff, Thompson for
plaintiff; Beaton and Dunton & Morse for de-
fendant
Tuesday afternoon the case of Mrs. Harriet
N. Abbott of Winterport vs. Mrs. Margaret A.
Niies VI ToTtlano was openeu. 1he plalnIlH is
the widow of DR.. Charles Abbott of Winter
port, who died 20 years ago, leaving consider
able estate and the DEFENDANTS the youngest
daughter. There were three daughters and
one son and the defendant was IA years old at
the time of her fathers death. After the
death of DR.. Abbott the son and daughters, ex-
cept the youngest, assigned their rights in the
estate to the mother, who distributed the col
lateral among the members of the family, and
on Christmas, 1901, she gave deed of the
homestead to Mrs. Niles, who was then Mrs
Bolan. 1t brought out that Mrs. Alb
bott had received $4,000 of back pension
money which she distributed among the
action in the case, however. was confined
to two bankbooks, one showing a deposit
of 81 ,53495 in the Bangor Savings Bank
and another with deposits of S1S38.98 in the
Penobscot Savings Bank also two $500 Lake
City, Colo, bonds. In April, 1907, Mrs. Alb
bott was in feeble health and about that time
her oldest daughter wired that she was coming
east. At this time, Mrs. Niles claims that hef
mother told her to take the two bonds for her
own as gift and put them in a safe place out
side of the house so that none of the family
would know that she, the daughter, had them
This the defendant claims that she did, taking
them to the office of Fred Atwood, where they
were put in his safe. The defendant also
claims that her mother gave her the two
bank books, made out orders to defendant for
the full amount of the deposits, and told her to
go to Bangor and transfer the money to her
own account. and to do it at once scause if
she, Mrs. Abbott, should die in the meantime
the orders would be void. This the defendant
said that she did, adding one account to her own
and opening account in the other bank.
The contention of the plaintiff is that the bonds
were not given to Mrs. Niles but that she took
them without the consent of the plaintiff and
converted them to her own use. AS to the
bank-books the orders were produced, duly
signed and witnessed, but the plaintiff claimed
that the money was transferred to the daugh-
ter simply for convenience, so that the money
could be drawn when wanted. The plaintiff
who is now 80 years old was not in court but
dispositions were presented Much evidence
documentary and oral, was introduced and it
was shown that Mrs. Abbott had practically
exhausted her resources, mostly in gifts to her
children. The jury after two hours delibera-
ton, rendered a verdict of $4,526.77 for the
plaintiff, practically the full consideration sued
for. The case will go to the Law Court on ex-
ceptions Dunton & Morse represented the
plaintiff and Oscar F. Fellows the defendant
Another case involving the Abbott family
affairs is on the docket but was continued at
this term, an action of assumpsit brought by
one OF the daughters, Mrs. Harriet Abbott
Dahlman of Omaha, who sues Mrs. Abbott as
Administrative for $1,000, the plaintiff claiming
that when minor she assigned her rights in
the estate of her father, DR.. Charles Abbott,
without valuable consideration.
After the disposition of the Abbott case the
case of Clara w. Manchester, admx. of the
estate of John W. Manchester of Camden vs.
George w. Pendleton of Belfast, was taken
up. This involves the ownership of the little
schooner Fancy and the yawl-rigged yacht
Echo, both at this port. claims for
service on the part of Pendleton, the
mental condition of Manchester, etc.
The case went over to Wednesday and
was argued at the morning session, and the
judge charged the jury just before the noon re-
cess They returned verdict for the plaint-
iff. The boats remain the property of the es-
tate but are subject to the bills of Mr.. Pendle-
ton as care-taker and the Pendleton Brothers
for wharfage. Reuel Robinson of Camden for
plaintiff; Wayland Knowlton for defendant
1t was thought the civil cases would be dis
posed of yesterday, and the criminal docket be
taken up today.