Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1911-10-17


miles an hour.
There was, a. was to be expected
considerable variation In the estimates
OF speed of the Bellefleur car, just be
fore and at the moment Of the accident
It developed in the course OF the tria
that Mr.. Bellefleur had not at that tim'
closed the trade for the car which b.
was driving, and that though he hat
been taking instructions in running {
car for while previous to the 10th o
July, that was the first time he had beer
ont alone, and that he had pever beer
over this road before; also that bill
license ss driver was dated the 18th oil
July, though he asserts that he had be-
lgun proceedings to secure 1t before the
accident.
Two more or less elaborate plans oil
the road In the vicinity OF the accident
Figured In the case, one made for the
plaintiff by Henry Nelson OF Rumford
and the other made for the defendant by
IPercy q. Richardson of Portland.
The examination into all the details
of the affair was very thorough and ex
haustive II not exhausting, and the case
occupied practically all Of Thursday and
. part of Friday forenoon.
The case was concluded late in the
forenoon of Friday, and the jury, after
being out q short time, returned yer.
dict for the plaintiff of $S50.0O.
M'CRILLIs VS.. TEBBETs.
The case Of Lulu L. McCrillis of Rum
ford Va. E. L. Tebbets, which was open
ed after dinner Friday, was once before
| tried at the last March term, and the
| Jury was unable to agree. The plaintiff
| is the wife of W. N. McCrillis of Rum
ford, and the defendant named in the
writ, z. L. Tebbets, was we'll known
spool manufacturer at Locke's Mills,
who has died since the suit was brought,
so that the action Is against his estate.
j. B. Stevenson and Hon. Enoch Foster
appear for the plaintiff, and bon. James
8. Wright for defendant.
In form the suit is an action of tres
pass for the conversion of certain spool
bars alleged to belong to the plaintiff.
In fact the question at issue is the line
between Lot No. 81 and Lot No. 40 In
the third division of lots in the town OF
Rumford. The plaintiff owps Lot 81,
and Lot 40 is now owned by Joseph A.
Penley, but the birch on 1t had been sold
and cut off for spool bars for the de-
PENDANT. 1t is claimed by the plaintiff
that portion of tho birch which was cut
was on the northeast corner of Lot 81,
while the defence locates the westerly
line of Lot 40 about fifty rods farther
west, and west of the birch cutting.
As the foundation of the case, the
plaintiff introduced two documents
which are of interest. One Is the rec
ord OF the original proprletors OF the
plantation Of Penacobk, which later be-
came the town of Rumford. The plan
tation of Penacook was granted to limo
thy Walker and associates, by the Great
and General Court of Massachusetts, Bay,
in ITO. This record, which is large
eather-covered book, began in 1779, and
covered a period of forty or fifty years.
In 1t is recorded the laying out of lots In
the plantation, and the return OF the com.
mittee chosen to do the work, with the
description of the lots. The other docu-
ment Is an ancient plan OF the town OF
Rumford. These two things have been
in the possession Of the Walker family
of Rumford, descendants Of Timothy
Walker, one Of the original proprietors.
With the death some months since OF
Miss Cynthia Walker, the last OF the
Walker family, they came into the pos
session of Professor Herschel G. Parker
of Columbia University, the sole heir.
For the purposes of this trial, they were
loaned to the plaintiff, with the under
standing that when they have served
that purpose, they shall be deposited In
the Oxford registry of deeds, to be pre-
served as records. This was stated to
the court by Judge Foster at the open
ing Of the trial. :,
Plans of the immediate location, and
of larger section of the town, along the
east side Of Ellis River, were used by the
plaintiff, and three surveyors, Henry Nell
son of Rumford, Mr.. Burleigh of Water
vile, and Mr.. Freeman of Portland, ap-
peared as witnesses. There was also
brought into court as an exhibit a bag
containing roots and fragments OF wood,
dug up at the point which was the start
ing point of the plaintiffs several sur
veys, designated in the old descriptions
as a hemlock tree.
The claim of the defence Is based up
on what it is asserted are monuments
and lines which have been recognized
and accepted as such beyond the memory
of any living men, some half-dozen
monuments being shown to exist on the
face of the earth which agree with the
defendants contention al to the location,
and number of the oldest men OF that
section are called as witnesses to testify
az to the fact of these monuments being
no recognized. 1t ia admitted that these
lines do not agree fully with the laying
out Of the lots by the original proprie-
tors, but 1t 10 also pointed out and &C
kuowledged that there are discrepancies
in the laying out of these lots, as record
cd by the proprietors, which can not be
reconciled by any possible survey. w.
n. Jenue of South Paris was the sur
veyor for the defence, and his plans were
used for that side.
The taking of the testimony for the
defence began at the opening Of court
Monday morning, and the case will prob
ABLY occupy most II not all of the day.
Following this case the criminal docket
will be taken up.
CRIMINAL BUSINESS.
Saturday morning the grand jury re-
ported, returning forty.two indictments.
Those made public are:
Fred A. Kurdish. Two indictments. nuisance.
and keeping and depositing.
George NJ. Goldsmith and MABEL Z. mosee'
Adultery. u N.Y.,
Archie Arsenault. Larceny.
Walter 8. Truman. Rape.
Willis r. Ladd. Nuisance.
Donald Collins. Nuisance.
Fred Prue. Nuisance.
Daniel McDougall. Nuisance.
Ed Casey. Nuisance.
Joseph Paradis. Nuisance.
Frank Row. Nuisance.
Clarence Mann. Forgery.
Joseph Coughlin. Two indictments for lar
Peter Ayotte. Felonious assault.
Frank Andrews. Assault and battery.
| John Hughes and Omer Bergeron. Burning
building. .,,,.
Morvenett Cummings. Assault with intent 70
kin.
Casper Barney. Nuisance.
Ernest Lemay. nuisance.
George Singer. Nuisance.
Charles Lessard. Nuisance; .o,,,,
/ Gus assault. ,
Joseph Baker. Larceny.
Loren III, Gordon. Two indictments, keeping
| and depositing, and nuisance.
Fred Russell. Intoxication.
Frank Potter. FelJnious assault.
Ignazio Albanese, alias Joe Bill. Murder.
Immediately following the report oil
the grand jury, several prisoners were
brought In from the jail and arraigned
Joseph Baker Of Rumford, indicted fo'
~. Iercapv NJ 90 In money from Flor