The Republican journal. [volume] (Belfast, Me.) 1829-current, 1909-04-29
SUPREME JUDICIAL COURT.
Judge A. R. Savage Of Auburn, Presiding

JuuSS n. N. Savage Oh AuDuIn, fTeSlQ1n2
A non-suit was ordered in the action o.
Charles H. Merrill of Bangor and Charles E
Libby of Burnham vs.. Charles A. Milliken anC
Sarah G. Bassett, administrators Of the estate
of the late Elias Milliken, late of Brookline
Mass, which for many years has been before
the courts of this county in an effort made by
the administrators to settle the estate of the
late Isaac C. Libby. The action grew out OF
the settlement of affairs Of the street railway
lines in and around Lewiston.
Trials were to have begun Wednesday morn.
ing, but the cases assigned were settled out OF
court at the last moment and the juries were
excused until Thursday morning. The cases
were entered as City of Belfast VS.. Inhabitants
Of Waldoboro or Washington, and were suits to
recover $157.7O paid by Belfast for an insane
charge sent to the Augusta hospital. The
residence either in Waldoboro or Washington
In the settlement Belfast is to be paid the
claim in full and Waldoboro and Washington
settle the case between themselves, the latter
town assuming the liability from the date Of
the writ June Z, 1908. Ritchie for plaintiff; A
M. Miller and L. M. Staples for defendants.
The Shute case was not presented to the
grand jury, settlement having been effected
by the interested parties. The charge of for
gerry and conspiracy was withdrawn and both
Hartford Shute and Mrs. Erskine have giver
receipts for $1.O0 in settlement of all theil
claims against the estate of said Mary E
Shute, except their legal shares as heirs with
the others. Mr.. Shute is an aged man and is ir
very feeble health.
The entire day Thursday was given over to
the trial of the case of Frank L. Young VS.
Frank L. Hatch, in which the plaintiff brought
an action alleging deceit in the sale of farm
in Morrill,, on which he sought to recover. The
jury, after celebrating for half an hour found
for the plaintiff in the sum of $36S.33. Ritchie
Dunton & Morse. Another action between the
same parties was non-suited.
In the case of Lois C. Freeman VS.. Aaron B.
Ripley, an action of trespass growing out of a
dispute over property in Searsmont, an entry
of neither party" was made.
In the case of State VS.. Nathan E. Clark
charged with setting fire to the Tran
guilty Grange hall in Lincolnvile year
ago, mol pros was entered. A trial at
the September term resulted in a disagree
ment, and in January, as the counsel for
the respondent, Hon. L. M. Staples of Wash
ington, was unable to attend, the case was con-
tinued to the April term. The county attorney
was promised new evidence but nothing" of i'm.
portance materialzed.
A case that was entered at the January term
in 1903 and continued from term to term is that
of Arthur P. Libby ct al adms. vs. Portsmouth,
Kittery & York St. Ry. Co. Justice Savage in
formed the attorneys in the case that the case
had been in litigation long enough and if not
tried this term he would assign it for the first
day of the September term, Ito be tried then
or dismissed 1t is left thus the counsel not
wishing to try the case this term. Reuel Rog-
ers of Belfast for the plaintiffs and Hon. H. M.
Heath of Augusta and w. P. Thompson of Ban
gor for the defence
Other cases were disposed of as follows;
Leonard R. Jackson, Libt., vs. Emma E.
Jackson; dismissed; parties live in Belfast and
Camden. Mcclellan.
Abner W. Fletcher Charles H. Merrill;
continued to be dismissed next term if not
tried. Heath & Andrews; Thompson.
Kate L. Sanford VS.. Arthur H. Saden; contin-
ued; to be tried September term or dismissed.
Dunton & Morse; Thompson.
James E. Cunningham VS.. Inhabitants of
Frankfort; Thompson withdraws. This case
was tried at the September term, 1907, when
the jury returned verdict for the plaintiff in
the sum of $1,000. A motion for new trial
filed; exceptions filed and allowed. The
time for filing the report of the evidence ex-
tended The evidence filed. Certificate recev-
ed from the Law court in July, 1908, motion
sustained, verdict set aside and a new trial
granted. Dunton & Morse.
Frances L. Lazell VS.. Justice C. Strawbridge;
dismissed. Cilley & Burpee; Robinson.
H. Gilbert Nathan A. Webb; dismissed.
c. W. Hussey; F. W. Brown, Jr.
Eliza A. Loring VS.. Charles H. Parsons; con-
tinued. Thompson; Taber D. Bailey.
G. F. Sherman VS.. johnson W. Hunt ct ais;
Dunton & Morse withdraw; Williamson &
Burleigh
Clara E. Erskne, pet, VS.. Frank A. Erskine;
decree signed, entered and fled. Beaton; Ell
lery Bowden.
Hannah A. Hamlin VS. Samuel W. Elwell;
mol pros; further action. Dunton & Morse;
Z. F. Littleteld
Effie L. Hartman VS.. Harry w. Hartman
and Margaret A. Marshall Admrs.; continued.
W. P. Thompson; Dunton & Morse.
Maude Bucklin VS.. Ambrose Bucklin; contin-
ued. F. W Brown, Jr.; Dunton & Morse.
Annie E. W. Cobe VS.. Herbert j. Banton.
Continued Dunton & Morse, Thompson.
Andrew J. Stevens pet. for part VS.. Isabella
R. Tripp. Dismissed with costs of one term
only. Dunton & Morse. This case was enter
ed at the September term 1908 and continued
at the April term.
Chesley B. Ingraham libt., VS.. Nettie W
Ingraham. Entered September 1908. Motion
for specification to be filed. Libt. ordered to
pay to the libellee the sum of $50 to enable her
to defend Bangs, Dunton & Morse. Hudson
& Hudson.
Angie L. Stevens, pet. for part,vs. Fitz Harri-
son Stevens and Norman K. Whitcher. Nor
man K. Whitcher files pleadings. Dunton &
Morse. Littleield.
The Friday morning session was taken up
with the case of Edwin d. Burd VS.. A. H
Blackington, parties of Northport the action
being brought to recover damages for tres
pass. Mr.. BlacklngtOn has been engaged IN
numbering in Northport and to reach small
wharf for shipping his lumber and cord wood
the teams went along the shore in front of the
property of plaintiff. Shipment had been made
in this way for years. The case was begun at
p. m. Thursday. The jury retired at 2 p. M
Friday and at $50 returned sealed verdict
which was announced Saturday morning as for
defendant. Dunton & Morse, and Brown.
The grand jury reported Friday afternoon
after being in session for four and a half days
and returned 25 indictments, "a of which were
for violation of the liquor law. The indict-
ments were as follows:
George Forbes of Belfast; single sale, (three
counts) and common seller
Homer Carter of Belfast; single sale, common
seller and nuisance.
Andy L. Knowlton of Belfast; single SALE
1.-TWO counts,) nuisance and common seller.
John Avery of Belfast; common seller, and
single sale, flour counts.)
True Trundy of Belfast; single sale, (three
counts,) nuisance and common seller.
VIM. H. Rand of Monroe; common seller and
single sale, 1.-TWO counts
Harry R. Neal, alias Harry R. Mckenzie OF
Yarmouth, N. s., for larceny.
The case of Charles N. Taylor vs. l.. B
Ross, real action to recover possession OF
land and buildings at Stockton Springs, was
taken up in the afternoon. The court ruleC
that a warranty deed estopped the defendant
from claiming under the mortgage and directed
the jury to find for the plaintiff for S32 rent
and profits. Dunton & Morse; ]. H. Montgom
cry, Camden.
The case of L. H. Fernald VS.. Homestead
Fire Insurance Co., which was assigned fol