Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-12-16
LaymanAppears beforeLaw
Court in Own Behalf
In Androscoggin County Case in
Which Cheating Is Charged.
Aroostook County Docket Friday.
Kennebec Rescrlpt.

! The unusual spectacle Of Il iaymau
arguing his own case was seen in the
| law court Thursday morning. Arthur
l.. Hcrscy Of Portland acting as his
own counsel in the case Of State vs..
Horsev, in which the respondent, was
found guilty in the Androscoggin So
premc court Of cheating under false
prctensoS ana fined $500. The case
came M on respondents motion for
Il new trial on the ground that the
verdict of the jury WAS against the
law and evidence. County Attorney
Frank a. Morcy Of .Androscoggin
county vas present for the State. but
Chief Justice Emery. after listening
to HerSeys presentation Of the case,
which took something over an hour,
informed Mr.. Morey that 1t would not
be necessary for him TO argue the
case.
The story is as follows. Mr.. Iiersey
was engaged i'll the promoting Of the
stock Of sewing machine company,
which i.c claimed was about to put on
the market machine with many ms d.
ern improvements. and visited various
towns IN hndroscoggin county in the
interests Of tie enterprise.
His, proposition did not meet with n
ready response and in nutlber OF
cases it is alleged that lie sold stock
to parties with the understanding that
if they did not care to keep it he
would buy it back within 4 year.
Some We're inclined to doubt his abil-
ity to DO this and in order to set their
fears at rest he informed them that
he was the owner of fine piece of
real estate III Portland and valuable
timber land in E,ustis, Franklin Co.
When the parties to whom hc had
sold the stock became fearful Of the
investment at the end Of the year and
demanded that he buy il back they
found to their sorrow that the pro-
moter had not the means with which
to keep his promise, the real estate
in Portland it is alleged being mort
gagged and the timber land in EuStis
not b>iny of the value represented.
I"rsey in arguing his case before
the law court made u general denial
OF tic charge against him III the lower
court. He declared that the stock
was worth all that he said it was and
that if he had been allowed to 60 on
with the enterprise it would have
proved paying investment. He also
denied disappearing the value of
the property in Portland or Eustis.
The hearing Of arguments i'll andre
scoggin county c4scs consumed IT,,
remainder OF tie day The other cases
argued were Us follows:
a. J. Clarke vs.. Jacob Coburn, j.
a. Morrill, for plaintiff, Tascus At
wood for defendant; State in scire
tacias W. Fred Reed G als., i. a.
Morey for STATE, ii. L. Holmes for
defcndcnt; y, NJ. Bunpus VS.. Ameri-
can Central Insurance Co.; McGilli-
cuddy x Morcy for plaintiff Newell
&, Shelton for defendant; Leslie r,
Curtis VS. Auburn Paper Box Co,
McGilicudGy 4 Morey for plaintiff,
Cakes, Pulisfcr & Ludden for de-
fcnd;.ut; Charles Ambrose VS.. Web
Htcr Wooden Co, McGillcuddy & Morey
for plaintiff, John A. Morrill, for de-
fendunt w. X. Lynn Shoe Co. VS..
Turner 4. Sweet Shoe Co., Harry
Manscr for plaintiff, John a. Morrill,
for defendant; First National Bank
Of Auburn vs.. Eastern Trust & Bank
ing G.. Il ais; TaScuS Atwood for
plaintiff, t.. =. Ryder for defendant.
The ArGoStooh county cases are
next in order and will be taken up at
the opening of the session of court
Friday. Among the Aroostook county
attorneys at tho courthouse Thursday
were Hon. Ira @. Uersey. james Arch
ib3lu, Il. w. Shaw, Houlton; w. T..
4
Warren c. Philbrook of Waterville.
Assistant Attorney General Charles p.
Barnes OF Norway and Walter A..
Powers Of Boston were also in attend
ancc.
Attorney General Philhrook will APP
pear in q number 81 important State
cases, which will be argued this term.
Among them are two murder cases,
the Aroostook county ease of State
VS.. Frcel, the KnoX county case Of
State VS.. Newber,, and the Penobscot
county case Of Sawyer in Eq, vs.. Gil
more. State treasurer. The latter is
an important case being an action
brought against the State treasurer
by n tax payer of PenobScot county
for the testing of the legality Of the
Pettangill tax act or the T.: mill tax.
He will also appear in the York coun-
~ case Of Calico in error VS.. State of
Maine in which the complainant
brings action 10 test the validity of q
sentence imposed upon the respondent
at Alfred.
The Cumberland and Franklin coun-
ty cases will be called at $50 y. NJ.
Saturday. The deputy sheriffs i'll at
tendance on the present term of law
court are Frank J. Ham of Augusta
and Alvin Il. Rucklin of Litchfield.
Tie following rcscripts were handed
down:
kennebeo County.
Arthur T. DrImmond ct ais. VS.. Dana p.
Foster ct al Rescript BY Savage, J.
!. When the grant of a right Of way
is silent as to its width. il will be held to
be of Il width suitable and convenient for
the ordinary uses of free passage to and
from the grantees land. If the particu-
lar object Of the grant is stated. tho
width must be suitable and convenient
with reference to that object.
.. What is suitable and convenient de-
ponds nlpou the circumstances of each
case The presumed intention of the par
ties is TO be found in the instrument it.
self, read in the light Of existing rele-
want conditions and circumstances, and
it may be interpreted. in case of doubt,
by the practical construction which the
parties themselves have placed upon II.
3. When the grant of a right of way is
a