Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1915-10-20

and w. 3. Whiting Tor defendant.
Inc Jury returned verdict Tor the de-
lendant. The cass will 70 to the lsv
court, motion for new trial having been
filed.
BARBOUR vs. srRAoux.
me case Of John p. Barbour, adminis-
TRAITOR, W. Nelson Sprague, to recover on
notes, wastried saturday. Percy 7. Clarke,
ofStoning.on, and l. B. Deasy appeared Tor
piaintin and M. A. johnson, Of Rockland,
Ior defendant. The Jury returned verdict
for the plaintiff for VISA.
WEST ELLswoRTH LAND CASE.
An interesting and somewhat compli-
Gated West Ellsworth land case wss the
next case tried. This was real action
brought by Howard r. Dollard and Lena
N. Higgins against willism NJ. Higgins
and Winfred Z. Clark, to gain possession
OF land occupied by the defendants.
Piaintiffs claimed title to five-eighths Of
the property In question by deeds from
the Jarvis heirs. Defendants claimed title
BY adverse possession.
The father Of Mr.. Higgins, one Of the
defendants, occupied the property MANY
years, and William M. Higgins claimed
title BY gift from him. He has continued
to occupy the place up to the present. Mr.
Clark, his son-in-law, comes into the case
- defendant through having built .
bungalow en- the property.
The plaintiffs cisimed that the occu-
pancy OF the property was not adverse,
but was under bond or option given to
Mr.. Higgins father many years ago by
the Jarvis heirs, and that the option
was never exercised and the deed
never passed from the Jarvis heirs
until they, the plaintiffs, purchased
nve-eighths undivided interest, the
other three-eighths being held by heirs
who could not be reached.
II. L. Graham and L. B. Deasy appeared
for plaintiffs, and George B. Stuart for
defendants.
The jury returned verdict for plaintifIs
for Hve-eighths Of the property and find-
ings that the value Of the property when
William IA. Higgins first entered upon it
was S306, and its value now, because OF
bstterments, $50 more.
KEITH VI. HOBBS.
An action on account, Everett Keith vs..
John Hobbs, was tried yesterday. H. L.
Graham appeared for plaintiff and 4. 8.
Clark for defendant.
The jury returned verdict for s72.32.
This, through some error, was consider
ably more than the amount sued for by
plaintiff, and on this ground, motion for
new trial was filed. 1t is understood that
the plaintiff will make remittal OF the
excess amount Of the verdict, and the case
will be settled.
ALLEY VS.. NIcKERsoN.
A dead horse case was the next to be
tried, opening yesterday afternoon.
Llewellyn P. Alley, of North Orland,
seeks to recover damages for a horse
seized and killed by Juliette Nickerson,
agent for the society for the prevention Of
cruelty to animals. Fellows & Fellows
appeared for plaintiff and George E..
Googins for defendant. The jury returned
verdict for plaintiff, assessing damages
ats.
GREENLAw VS. PICKERING.
Another horse case, A. II. Greenlaw, Of
Deer Isle, Va Isaac Pickering, OF the same
place, went on trial this forenoon. In
this case the parties exchanged horses
temporari y. The horse owned by the
plaintiff died while in the possession OF the
defendant. The plaintiff claims negli-
gence ON the part OF the defendant in the
care of the horse, and seeks to recover
damages to the value OF the horse.
Percy T., Clarke appears for plaintiff and
Forrest B. Snow for defendant.
CRIMINAL DOCKET.
The grand jury rose late Saturday after
noon, reporting tbirty-seven indictments,
the longest list reported for many years.
Several OF the respondents were arraigned
for pleading Monday.
Following is the full criminal docket,
with new indictments.
ENTERED OCTOBER TERM, 1911.
1927 State vs. Michael McCauley, common
nuisance. April, 1912 = Principal and
sureties defaulted.
ENTERED APRIL TERN, 1912.
BIZ Indictment.
1888 State VS. Thomas Landers, common sell
Ter. Oct. lsi2-Principsl and sureties
defaulted.
1889 State VS. Michael McCauley, common
seller. Oct 19l2-Principal and sure
ties defaulted.
xNTERKD APRIL TERM, 1918.
BY Indictment.
1852 State VS. George Lambert, arson. April
Isis-Pleaded not guilty. Law court
ON motion to quash indictment for
alleged defect. Rescript as follows:
Exception overruled for want Of prose-
cuticn. Judgment for State.
1891 State VS. Walter Mehan, common seller.
October, ls1s-Principal and sureties
defaulted.
ENTERED OCTOBER TERM. 1918.
BY Indictment.
zoos State vs. Edward Geaghan, common
seller. Oct l9l4-Defaulted.
2o07 State vs Joseph Gray. failure to support
wife. Pleaded guilty. Continued for