Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-10-04
Case 10 MIdo 5pisIle
Court Without, Precedent.
Legality Of Tax Collectors
Election Was al Stake.
bpndsmen Of W. S. Edminster
Must Hand Over About $500.

Belfast, Me, Oct. 3.-(SpeciaD.-"A
most unusual case, and without a
precedent in this State or in any 9th
er as far as / have been able to ascer-
TAIN is the way Justice Whit ehouse
described the equity case brought by
Charles H. Sargent of Belfast against
Jonn s. Davidson, also of Belfast
The case which has attracted unusu-
al attention throughout the State, in
wolves the legality of the election of
collector of taxes for the city of Bel
fast. At the June meeting of rhe city
government in joint convention the
name Of Charles Fl. Sargent was pre-
scented as tax collector and according
TO custom for many years the clerk
was instructed to cast the ballot
making the election unanimous Mr.
Sargent was therefore declared elected
and duly sworn At the July meeting
Il question of the legality was raised
and it was voted to ballot for the
election of a collector. Three names
were then presented to the conventions.
Charles II. Sargent. John S. Davidson
and Wayland knowlton. Davidson re
and was declared elected, sworn and
procured his bond Mr.. SargeGts bid
called for " per cent but at the July
meeting the compensation of ;ne col
lector as<fixed at l per cent Mr.. Da-
wilson at once began his duties of tax
collector and bill in equity was
brought against him by Charles n.
Sargent, represented by r. f. burton
~ &c ait I,r he,
fore Associate Justice William Penn
Whitehouse in Augusta Aug. and
since then he has had the matter uu-
der consideration Saturday he dis
missed the bill in equity. tlus estah-
fishing the legality of the Nection of
John S. Davidson. Ellery Bowdcr of
Winterport was counsel for Davidson
1t has been decreed that the Belfast
business men who acted as bondsmen
for Winfield S. Edmister on the many
liquor indictments against him in this
county. must pay his default The to-
tai amount of the bonds is about $4,000
and the bondsmen are Is. D. Field, w.
A. Clark. Herbert f. Bradman. Charles
Field. Burton A. Spencer l.. H.
Gentner and Charles w. Lancaster. At
last accounts Edminster was in Hart
ford. CT
Court adjourned Saturday noon and
the Jurors were discharged, paid, and
have returned to their homes. With
the exception of few cases Of minor
Importance the morning was devoted
TO the calling of the docket and ar
arrangement of cases for continuance.
A divorce was granted to Lewis f..
Pendleton from Fannie F. Pendletun
for three years utter desertion. Run
nels. 80.
William Fl. Mcintosh divorce de
creed from Annie F. Mcintosh for
three years utter desertion. Dunton &;
Morse.
Fred M. Ellis VS.. New England Tel
& Tel. Co. Defaulted by agreement for
$500. This suit was for s1O0C dana ees
caused by lightning striking the plain
fiff's house in Stockton Springs. in
which wires had been left by defend
ant company after removing telephone
instrument. EuZZell. Dunton & Morse;
G. +. Johnson.
A motion for new trial has been
filed in the case of James r. CUNNING
ham of Belfast VS.. Inhabitants of
Frankfort. If this case comes to trial
againn it will make the third tim, if
has been tried. The action is brought
to recover $4,000 damages received by
the plaintiff by being thrown out OF
his carriage on the highway in Frank
fort three years ago the plaintiff sus-
tainirs1a broken leg and other injuries
the case was first tried the yer-
dict was for the plaintiff for $10eO The
defence DOved for new trial. which
wassSSvaT at the present term open to
jury With, verdict for the defence
EXcSGyhs filed and allowed is the
entry fgade yesterday on the docket
Brown: FDulton 4 Morse
SevaH PERKINS of Cape Jellson was
committed to Jail Friday night in de-
fault of payment of his fine of SlOG i'm
posed upon him by Judge Whitehouse
for maintaining liquor nuisance.