The Republican journal., 1910-01-13
out costs. Principal defendant defaulted;
Ritchie; Brown. Jr.

The Grand jury reported Thursday after
noon, after being IN session but one day, Nine
teen indictments were found, Of which 1s were
made public. OF the seven respondents in
dicted for violation of the LIQUOR law hut two
were Belfast cases, the others being held for
alleged pocket-peddling at the fall fairs. The
indictments were as follows:
George Forbes, Belfast, common seller
Ersd sSn1ith, Belfast, Common sai,sr srJ cor,-
mon nuisance
Roscoe W. Harding, Hampden, common SELL
er.
PERCY Campbell, Bangor, common seller.
Herbert Philbrook, Bangor, common seller
and two single safes.
/ counts
Eugene H. Inman, Bangor, same, three
Asa G. Cobb, Belfast, assault.
/ Lester Sanborn Jackson, malicious mischief.
Josenb NJ Larrabee, Jackson. same
joseph Morrow, Searsport, assault.
The new appealed cases entered are: Roscoe
Harding search and seizure; Roscoe Harding,
| single sale Roscoe Harding, single SALE Frank
Robbins, single sale; Charles Hart, intoxica-
| tion: Oscar Engstrom and Frederick Dodge,
larceny; Fred Canney, single sale; Fred Can
ney, single sale; Percy Campbell, single sale;
Herbert Philbrook, single sale; Herbert Phil,
brook, search and seizure; Eugene Inman, sin
gle sale; John W. Hobbs, assault: Howard Nash.
intoxication; Fred Smith, single sale; Charles
| A. Logan. assault.
William Bennett of Stockton Springs, who
had been in Jail since October 22nd, was
brought into court and discharged. He was
committee by trial justice Louis F. Murray of
Stockton Springs for an assault on James P.
White of that town. The grand jury found no
cause for Indictment.
The court opened Friday morning with the
case OF Deputy Sheriff Emmons VS.. Inhabitants
of the town of Brooks, suit to recover for the
lodging and feeding of tramps. The defence
was that the tramps are criminals, not paupers,
and that there is no statute provision for the
town to pay such costs. It was ruled that the
town is liable only for what the statutes pro-
vide. Plaintiff non-suited; exceptions filed.
Brown. Jr; Dunton & Morse,
Edmund Averill of Monroe VS.. Charles E.
Averl of Searsport, an action on account an
nexed for rent and interest, $4256. Referred
to Judge Cornish. Judgment for plff.; $40 and
costs.
John c. King VS.. Amos F. Carleton; suit for
S54.5 against Sheriff Carleton for attaching
and holding furnishings belonging to King,
which were alleged to be household goods and
not attachable. King opened an insurance office
in F. B. knowlton's block on High street. and
bought goods on the installment plan of
Spencer & Eaton, who sued for $40 75 and the
furniture was attached November 10, 1908.
The defence claimed it was Office furniture.
Judge Cornish ruled it was ordinary office fur
niture. Judgment for defendant Richie;
-,~~~---~'
Knowlton.
John L. Bean VS.. Israel Woodbury.. A horse
was sold at auction in September, 1906, by
Woodbury. to close the estate of his son, Frank
Woodbury., and the price paid by plaintiff was
$l25 Later 1t is alleged the horse was sick
and found to have bone SPAWN and split. The
case was entered April, 1908, and non-suited
January, 1909. Eight witnesses were sworn
BY plaintiff and ten by the defence. At the
time of the sale the horse was lame. The
plaintiff claims the horse was worth only about
$50 or $75, and that the defendant said he was
all right except slight lameness caused by
shoeing after he had injured his feet in the
pasture. Defence claimed there was no war
ranty except as to the feet, caused by recent
shoeing.
Gustavus C. Kilgore VS.. Ernest Lamport of
Swanvie, suit for $10s.52 doctors bill. Motion
for order Of service filed. Motion granted
Personal service ordered on defendant Knowl-
ton for plaintiff.
William H. Gordon VS.. Nellie G. Lawler
Withdrawn. Defaulted. Brown, Jr.
Emma Van Sickle VS.. A. Greer. Neither
party Dunton & Morse Brown.
Edward B. Lunt VS.. Charles E. Davis. Con-
tinued for judgment Richie; L. D. Jones.
Fred W. Brown, Jr., VS.. Ralph W. Clement.
Neither party. No further action. Brown,
Jr.; Libby, Jr.
The divorce case of Cora B. Kenney VS..
David NJ. Kenney, Belmont parties was dis
missed. Dunton q Morse.
James S. Hartman vs. Herbert Black. Re-
port of referee filed and accepted. Referees
fees allowed as taxed, $40. Ritchie, referee.
Fred W. Brown VS.. William Brett. Boston,
for professional service. Defaulted. Judgment
for plaintiff, $2674 and costs.
Capias issued for Herbert Philbrook, single
sale.
WI Quimby, appellant from decree of the
Judge of Probate the estate of the late
Frank o. Smith. Entered by leave 4th day of
court Ritchie.
The court opened Saturday with the pleas of
Messrs. Rogers and Dunton in the Bean VS..
Woodbury. horse case. At 10 o'clock Judge
Cornish gave his charge to the jury. The law
does not attempt to even up trades. The plain
tiff must prove four things by preponderance
of evidence: First, did the defendant make a
guarantee that the horse was all right; second,
was the guarantee in fact untrue; third, did
the plaintiff rely on the guarantee; fourth was
he damaged by breach of the guarantee. The
breach of contract was the difference of worth
as it really was and that represented. The
defence claimed the guarantee pertained only
to the feet that were lame then. He was all
right and would get over that. The jury re-
turned verdict for the defendant.
M. B. Smith of Hartford, Conn.,, VS.. Fields
S. Pendleton of Islesboro, for board of horse,
etc., S2S, was brought up for the third time for
trial and defendant failed to appear. Court
ordered that it be defaulted.
Mary A. Gilmore of Monroe VS.. Edward T.
Gilbert of Searsport was opened to the jury
Saturday and continued into Monday. The
case involved the title of household goods and
colt, valued at S13S.25. Gilbert is the plain
tiff 8 son-in-law and the suit was brought to
recover the property. Verdict for defendant
with damages assessed at one cent.
George N. Patterson VS.. Sarah J. Nealley.
Assigned for first day of next term. Greer;
Dunton & Morse.
Fred W. Brown, Jr., VS.. Charles F. Bessey,
administrator of estate of Zilpha T. Bessey,
late of Brooks. Action is to recover money
loaned through transfer in real estate. The
wife of the grantor did not sign the deed of
transfer. Payments were made and the estate
sold, raising a question in equity as to the real
title. Judge Cornish ruled that the bill be sus-
| tanned and that the case heard by some justice
of this court upon the question of the amount
to be paid by the plaintiff to entitle him to re-
deem. Brown, Jr.; Dunton & Morse
David Ladd. Belfast VS.. Clara F. Shaw,
Northport continued to April term. The action
was brought by plaintiff to recover deed OF
his property in Belfast given to the defendant
upon her marriage to the plaintiff and which
he claims in the writ was obtained by fraud
Wayland Knowlton; Thompson & Blanchard Of
Bangor.
| Arthur P. Libby ct al VS.. Portsmouth, Kit
terry and York Street Railway Co., dismissed
for want of prosecution; neither party; no fur.
ther action. Rogers; Heath and Thompson.
Abner w. Fletcher VS.. Charles H. Merrill
Dismissed for want of prosecution. Heath &
Andrews; Thompson.
Kate L. Sanford VS.. Arthur H. Soden. Re.
| ferred to Hon. W. P. Whitehouse.