Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1909-10-20


the Jones case.
The defendants introduced no evidence,
and submitted the case to the jury with
olt argument. The jury returned a YER
dict for plaintiff for $19S.33.
Harry l.. Crahtroe appeared for plaintiff
and o. F.. Fellows and Hale & Hamlin
for defendants.
Motion for new trial has been fled in
both the Jones and Jordan cases.
MOTION FOR CHANGE OF VENUE.
Yesterday afternoon o. F. Fellows and
Hale q Hamlin, counsel for the railroad,
fled motion for the transfer Of three
other fire cases growing out OF the Jones'
fire, to the docket OF Penobscot or any
other county.
The grounds on which this change OF
venue was asked, as set forth In the mo-
ton, was "that by the publication OF
certain newspaper article circulated in
said county Of Hancock, commenting upon
railroad company, by current and by fire.
qdentand general conversation throughout
the said county Of Hancock, and from
other causes which will be more fully
stated in evidence, there exists local pre-
judice against the said defendant corpora
tion SO great as to prevent a fair trial of
the issues involved in the above named
causes before jury OF this vicinity.
The article referred to was published ia
the Bangor Nercs OF Oct. IS, under Ellis
worth news.
The motion was opposed by d. E. Hur-
ley and Harry l.. Crabtree, who represent
plaintiffs in the actions for which change
OF venue was asked, the principal objec-
tion being on the ground Of additional
expense to the plaintiffs.
Justice King said that while he consid-
cred the newspaper article feferred to in
discrete, that it ought not to have been
published, he did not believe it would
affect the judgment OF any man on the
juries. The Court did feel, however, that
it would be wiser not to try these or the
two other fire cases against the same de-
PENDANTS at this term OF court, as it would
be hard for jurors to disassociate the evil
dence from that produced in the cases al
ready tried, and they might unconsciously
be Influenced thereby. The court fixed
O'Clock this afternoon as the time for
hearing on the motion for change Of
venue.
LADD vs.. RICHARDSON.
The trespass case of Charles G. Ladd vs..
Samuel o. Richardson went on trial yes
terday afternoon. The parties to the
action own adjoining property at Bar
Harbor, and the case involves the location
OF the line between the two properties.
Plaintiff built fence 100 feet long on
what be claims was his land, several feet
inside what he alleges to be the true line.
Defendant, claiming the fence was on his
land, destroyed the fence, and plaintiff
thereupon brought suit for trespass.
between the lines as claimed by plaintiff
and defendant. The case will 60 to the
| jury this afternoon.
Deasy & Lyman appear for plaintiff and
| 4. s. Clark for defendant.
CRIMINAL DOCKET.
The grand jury rose just before noon
Saturday, and reported forty indictments,
twenty-seven of which were for violation
OF the liquor law and eight for gambling.
For gambling there were four indict-
ments against James Bernadini, two
against Frank Green and two against
Avery Small, all OF Bar Harbor.
OF the liquor indictments, there were
three against John J. Carroll, OF Bar Har-
Dor; three against Mayo II. Clement, of
Ellsworth; three against Arthur Hunton,
of Bar Harbor; five against A. L. Knowl-
ton, Of Belfast; seven against Joseph Souci,
and three against Lewis varick.
Giovanni Brunni, OF Stonington, was
indicted for assault with attempt to kill
This is the case growing out of shooting
ARRAY at Stonington. The victim Of the
assault, after lowering between life and
death at the Rockland hospital several
weeks, finally recovered, and has disap-
peared.
The list OF indictments appears in the
criminal docket printed below, together
with continued and new appealed cases:
Continued Cases.
1858 State VS.. Charles A Weaver, single sale.
Oct. term. l907-Continued for Jail SEN
tence. April term. 1908 - Continued.
Oct. term, l908-Continued further for
sentence. April term, isos-Continued.
17ol State VS.. John Sharkey, single sale.
April term, l90s-Continued, Oct. term,
190s-Pleaded guilty. Continued for
sentence. April term. l9o9-Capias to
issue.
l702 State VS.. john Sharkey, single sale.
April term, 1o06--Continued. Oct term,
t90s-Pleaded guilty, Continued for
sentence. April term, lsos-Capias to
issue.
170S State VS.. John Sharkey. common seller,
April term, l90s-Continued, Oct. term,
l90s-Pleaded guilty. Continued for
sentence. April term, 1SO8-Capias to
issue.
1720 State VS.. Sarah Bernardini, common
nuisance. Oct. term, 190s-Capias or
dered. April term, l9o9-Capias to is
sue.
LIZA State VS.. Mike Doyle, single sale. Oct.
term, l909-Capias ordered. April term,
1909-Capias to issue.
IT'S State Mike Doyle, common seller
Oct. term, 190S-Capias ordered. April
term, 1s09-Capias to issue.
IT'S State Daniel H. Herlihy, common
seller, Oct. term. l9O8-Capias Or