Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1909-10-19

OCTOBER TERN. 1909.

| OCTOBER TERM, lSO3.
Hon. L. A. Emsfy, Justice Presiding
| Charles r. Whitman, Clerk
Cecil Clay, Stenographer
Ralph T. Parker, County Attorney
Hiram r. Hubbard, Sheriff
Harry D. Cole, Jailer
VIM. A. Bicknell, Deputy as Crier
w. A. Barrows, Messenger
Walter L. Gray, Librarian
At 10 O'Clock Tuesday morning tn,
wheels of the court began their period
ical revolution, Chief Justice Emer.
ascending the bench IN his official robe
Prayer was offered by Rev. j. Wallac,
Chesbro of the South Paris Baptis
church, and the usual formalities Of th'
opening of the session were duly per
formed.
The grand jury was empaneled al
follows:
A. Wesley McKeep, Fryeburg. Foreman.
George W. Richardson. Greenwood, Clerk.
Robert b. Crockett Woodstock.
Cyr p. Cyr. Rumford.
VI. Merton Farwel, Bethel.
Irving Frost, Norway.
Almon +. johnson. Brownheld.
Herbert NJ. Kendall. Newry.
Henry W. Park, Jr., Mexico.
Arthur H. Ray, Canton.
Henry B. Severance, Lowell.
Carl j. Stanley, Porter.
c. r. Starbird, Oxford.
Ralph d. Thurston, Andover.
Herman H. Wardwel', Paris.
John r. Watson, Hiram.
Howard P. Shaw OF Buckfield was OK
cused from service on the grand jury be-
cause of illness in his family, and Ar.
thur NJ. Stanley of Dixfield was late in
arriving and was not made member Of
the jury.
Judge Emery gave the charge to the
grand jury Immediately after the mem
bers were sworn, going carefully over
the field of their duty in detail, and ex.
planning fully not only what Is required
of them but why it is required. The
jury Immediately began its work in Its
room.
In beginning the call of the docket,
Judge Emery made a new departure, to
aid in clearing the docket. From time
immemorial it has been the custom to
start the call of the docket with the
first case, and it is hardly necessary to
say that the first part of the docket
usually contains number of cases
which have practically died of old age,
but which have been kept on earth by
the use of ink. Generally the presiding
justice makes an effort to clear off some
of this dead wood, but it is apt to come
hard. Judge Emery, however, stated
that the cases entered prior to the
October term in 1907 would not be taken
up on the first call, but they would be
called later, and dismissed unless reason
was shown for retaining them on the
docket. Accordingly the first fifty-eight
cases on the docket were omitted from
the first call.
About twenty cases were marked for
trial on the call, but 1t was evident that
there would be few actual trials. This
became still more clearly evident when
the matter of assignment of cases was
taken up at the afternoon session. AS
far as actual trials were concerned, the
list practically went out of sight at that
time.
Friday evening was named by Judge
Emery as the time when he would hear
divorce cases. He also gave the men,
bers of the bar some suggestions as to
what they might expect of him in these
cases. He should require that the pro-
ceedings be without technical flaw OF
any kind. A divorce would not be
granted on the ground of non-support
unless the failure to support was under
such circumstances as TO amount to
cruelty, and cause actual distress. AS
long as a woman had her health and was
able TO earn her own living, or had rela-
tives upon whom she could depend, no
divorce would be granted for non-sup-
port. Judge Emery said he had never
granted but one divorce on that ground,
though he had heard many. Cruel and
abusive treatment, another statutory
ground for divorce, did not mean neglect,
or thoughtlessness, or even profane
language. II must be positive, agrees
i've action, done with the intent TO
wound and hurt, in order TO justify
divorce Gross and confirmed habits Of
another ground OF divorce,
meant gross and confirmed habits. A
divorce would not be granted because a
man drank, nor even because he Was
sometimes under the influence Of liquor.
His habits must have become 30 fixed as
20 be literally gross and confirmed" II
they were 10 furnish ground for divorce.
During Tuesday afternoons session,
County Attorney Parker presented be-
fore the court two men who II was
charged had attempted to persuade q
witness 20 20 20 Lewiston instead OF
coming 10 court to testify before the
grand Jury as she had been summoned.
The woman who Was the witness named
was placed on the stand. and as she
could not understand English, John
Wiskont, q well known Rumford Falls
Pole. was made interpreter. The story
told by the witness on the stand did not
support the charge against the men, and
they were at once discharged.
Wednesday forenoon was Emotion
morning" nominally and literally, Judge
Emery holding the attorneys strictly up
TO the rule that motions must be made
at that time, and considerable business
was disposed of in an hour.
Later there was hearing in an equity
suit brought by George L. Cushman,
executor of the will of Mrs. Eleanor
Whitman of Woodstock, against the
Maine General Hospital and the two
residuary legatees of Mrs. Whitman
property, who reside in the state OF
Washington. While this was suit al
law, it was brought for the purpose OF
obtaining construction of one clause OF
Mrs. Whitman's will.
In her will Mrs. Whitman bequeathed
out of the residue of her estate, the sum
of $1,000 to the Maine General Hospital
"for a free bed" To establish per
mauent free bed in the hospital requires
the sum of $4,000 under the rules of the
institution, and the executor did not fee
justified in paying this smaller sum ovel
to the hospital until the court bad de
termined what should be the construc
ton of the will.
The hospital was represented by Judge
Symonds and Anthoine & Talbot Of
Portland, and Mr.. Talbot presented the
hospitals view of the case to the court
contending at some length that it wal
the manifest intention of Mrs. Whitman
to give the sum named for the purpose
OF free treatment of patients in th'
hospital, and that the fact that it wal
not sufficient for the maintenance of
permanent free bed should not prevent
the payment of the bequest. Mr.. Wrigh
appeared for the executor, presenting TIT
matter to the court, and Mr.. Wheeler
appeared for the residuary legatees, who
join in asking for construction OF thu
will, but ask that If the bequest to TIT
hospital is disallowed, the amour
should be paid to them as residuar.
legatees.
The court stated at the. close Of tn
hearing that he felt clear that 1t was tn
intention of the testator that the sun
namod ebonld he Maid tn the hospital