The Republican journal., 1909-10-07
SUPREME JUDICIAL COURT.
Judge William p Whitehouse of Aususta
Presiding.

Judge William +. Whitehouse of Augusta
Presiding.
The criminal docket was resumed Thursday
morning and cases disposed of as follows:
John Avery had pleaded guilty to five charges
of illegal liquor selling and all the cases against
him were continued for sentence. The same
disposition was made of like cases against
George H. Forbes, who had been tried and
found guilty.
Frances R. Williams and joseph Rolerson
who had pleaded guilty to breaking and enter
ing and larceny, were represented by Fred W.
Brown, who stated to the court that their rela-
tives had promised to look after them more
closely and keep them in school in the future
and asked for leniency. County Attorney
Buzzell gave plain statement of the case,
speaking of the home surroundings of the
boys and of the offences with which thew were
charged,an said they had served four months
in the county Jail. The judge placed them on
probation and Mr.. Brown was instructed to
caution the boys on their future behavior
James Bradley of Stockton Springs, who
was tried Wednesday on the charge of being
common seller of Intoxicating liquors and found
guilty, was sentenced to pay fine of S1OO and
costs of thirty days in jail
Rudolph NJ Cox, who committed a criminal
assault on Minnie Harvey in Swanville last
spring. and who had pleaded guilty to the
charge, was sentenced to two years in the State
prison at Thomaston.
In the case of Willis j. Knowlton of Liberty,
indicted as common nuisance, the judge order
ed verdict of not guilty Deputy Sheriffs
Hurd, Cuddy and Ellis testified to seizing
large quantity of cider at Knowltons place on
the fourth of July. The defense maintained
that the cider was used for making vinegar
and had not been sold contrary to law
In the case of George w. knight, indicted for
obstructing public highway in Belmont, he
was charged with building driveway to his
pasture in such way as to stop the flow of
water in ditch and damage the highway
There was much local interest in the case. The
selectmen of Belmont claimed that the respon-
dent had filled the ditch to short extent beside
his land leading to pasture with rock and OBJ
structed the highway, and that while it had
been once removed and they had forbidden his
continuing it there, he replaced it, and as re-
suit the road was made soft and left in bad
condition. The defense was that the ditch had
been dug SO deep that he could not haul his
team over it nor could he drive his cattle
across without bridge or passage, and this he
had built. The jury returned verdict of not
guilty.
Charles E. Marden of Liberty, arraigned
charge of common nuisance and search and
seizure, was found guilty in the nuisance case.
Continued for sentence.
In the three cases against VIM. H. Rand of
Monroe, common seller and two single sales,
Ellery Bowden appeared and filed a plea in
abatement on the ground of misnomer. The
county attorney demurred, but the court sus-
tanned the plea in abatement, which set forth
that the name should have been VIM NJ. Rand.
The grand jury had found mo bill in the
case of John S, Marden of Winterport, charged
with assault and battery las he was found to be
irresponsible through mental weakness and the
court ordered that he be committed to the in
sane asylum at Augusta.
State VS.. Franklin S. Mayberry of Somerville,
Mass, indicted for obtaining money under
false pretenses." Mol pros on payment of
costs taxed $10.62 This was case where a
young man passed worthless check on the
Windsor hotel in this city.
John w. Lawrence of Stockton Springs,
indicted for common nuisance and for single
sale retracted his plea of not guilty and plead
ed guilty. His case was continued for sentence.
The sentence of the lower court was affirmed
in the appealed case of State VS.. Albert R.
Whitcomb, charged with assault and battery.
A motion mas been made for a new trial in
the case of John F. Vickery VS.. Mrs E. A.
tried this term and verdict was rendered the
plaintiff for SSS.25. The cases involves the
payment Of a promisory note and the conten-
ton is whether or not it was witnessed note
thus determining whether or not it is outlawed
The entry neither party" has been made in
the case of Harriet A. Dahlman versus Harriet
N. Abbott. The suit was brought to recover
$1,000 by Mrs. Harriet Abbott Dahman of
Omaha, Neb., from Mrs. Harriet N. Abbott of
Winterport. The plaintiff sets forth in the
writ that when IT years old she, on September
Is, 1879, sgred a deed giving her right, title
and interest in the real estate and personal
property of her father, the late Charles Alb
bott, without any valuable consideration there
for. The writ further alleges that the defend
ant made will bequeathing to the plaintiff
more than $1,000. When plaintiff became of
age she signed deeds of her rights in her
ather's property and she now alleges that the
defendant, her mother, revoked her will and
changed her bequests and provisions therein
made for the benefit Of the plaintiff and has
disposed Of the property which should have
come to the plaintiff under the provisions Of
the law. In a case tried at the April term the
defendant in this case, Harriet N. Abbott, sued
another daughter, Mrs. Margaret A. Niles of
Portland, for recovery of bonds and bank
books amounting to some thousands of dollars.
The case was tried before jury and verdict
rendered for the plaintiff amounting to $4,526.
motion for new trial was filed and May 18th
report of evidence was filed. The late Charles
Abbott whose estate is involved in the two
suits, was a well-known man in Winterport,
dying there about 20 years ago.
Annie E. w. Cobe, VS.. Herbert ]. Banton was
sent to the law court on report.
Final judgment for the State was entered in