The Republican journal., 1916-04-27
The Supreme Judicial Court.

The first jury trial, the land case of Erie w.
Kneeland of Eddington vs. Melvin R. Baker Of
Winterport. was opened at the beginning of
court Thursday morning. The parties are
brother and sister and the action was brought
principally to fix the title of the farm former
ly their fathers. the late Moses Baker, who
bought it April 26, 1869, of James Bicknell
The plaintiff also claimed $1,000 damages
The defence showed that Melvin R. BAKER had
quit claim deed. dated 1873. and that he had
paid his father in all $1.10O for the premises;
that he had paid the taxes for ~ years; that
he had built barn with cellar; had cleared
the land. planted shade and apple trees and
greatly improved the place. The case was
given to the jury at 8 o'clock and after being
out about Is minutes they returned verdict
for the defendant. P. L. Aiken for the plain
| tiff; Morse & Cook for the defendant
Cases assigned for trial Thursday were dis
posed of as follows:
Fred A. Holmes vs. James E. Wing. Neither
party.
H. G. Applin vs. J. D. Young. Non-suited.
Harold B. Mckinney vs. Adelbert A. Hall.
Defaulted for $18, without costs.
John Soffayer VS. George Stickney, Neither
party.
American Agricultural Chemical Co. VS. Ed
gar W. Dyer. Defaulted and continued for
judgment.
Herbert Tozier VS. Horace E. and Arthur
Robbins. Neither party
Milton B. Hills VS. 2. E. Littlefeld, ct al
Defauted.
Spencer, Eaton & Co. VS. Walter Mahonev.
Defaulted.
Granville E. Morrill, VS. Charles W. Emerson,
Defaulted.
Friday morning the second jury case was
opened-the Waldo Trust Go. VS. E. Eugene
Woods of Swanville. The action was brought
to recover $79 on rent of the first floor of the
Duplex Roller Flushing building. owned by the
plaintiff and occupied by the defendant as
paint shop. Mr.. Woods took lease of years
and began work May l, 1915, continuing until
Oct. l. 1915. when the Belfast Printing Co.
negotiated for a lease of the entire building,
subject to a satisfactory arrangement with
Mr.. Woods. The defendant at once took a
lease of the Herald building and claimed to
have given up or cancelled his lease of the
| Duplex building. The Waldo Trust Co. never
consummated the deal with the Belfast Printing
Co. and thereby claimed that the respondent
was indebted to them under his lease for 70
days in October, November and December,
1915, before he gave up the keys and vacated
the building. A letter was introduced from the
defendant to the plaintiff, in which he claimed
he had been seriously injured by his deal with
A. E. Small and that the delay had caused him
to give up his business. Judge Madigan in
his charge stated that it was a square issue of
fact; question of contract, and complimented
the opposing attorneys, Arthur Ritchie for
plaintiff and H. c. Buzzell for defendant, for
the manner in which they had conducted the
case. The jury took the case at 315 and
440 returned verdict for the defendants
Clifton Ellis of Liberty was brought before
Judge Madigan Friday afternoon to answer to
the charge of non payment of 81 per week for
the support of his minor child as per order of
court, following the granting the divorce
of the parents of the child. Judge Madi-
gan told him what contempt of court meant
and ordered him to Lay at once the $40 now
| ooS anu eAS PS pei "SCh oS peloEe ueCTeeO OF
suffer the consequences.
The case of Lucy A. Choate of Northport VS.
the estate of John W. Davis and Rowena Nor
gan, executrlx, occupied the court all day Sat-
urday. Mrs. Choate brought action to recover
$l55 for services rendered Mr.. Davis in his
last illness. The commissioners in insolvency,
Judge George E. johnson and Frank l. Will
son. in the settlement of the estate in the
Probate Court had allowed the bill of Mrs,
Choate. niece of the decesed, and the ex-
ecutrix, also niece and sole heir of Mr.. Da-
Wis, appealed to the Supreme Court. The de-
fence claimed that Mrs. Choate had borrowed
money of Mr.. Davis and was working up the
account. Both sides rested their claims on
the testimony of neghbors. as the plaintiff
could not become a witness the principal
defendant was deceased. The attending ply.
sician testified that Mr.. Davis was a Civil war
veteran, that the nature of his disease called
for constant attendance and that the plaintiff
had been faithful in nursing him. At p. m.
the jury returned a verdict for the plaintiff
for $l55 and interest from the time of the
service of the writ-$3.56. F. A. Greer and
H. C. Buzzel for plaintiff; Robert F. Duntop
for Mrs. Morgan.
Monday morning the only "hoss" case of the
term was opened before the jury, when John
W. Hobbs of Brooks brought action against ].
Frank Green of Bangor to recover $425, which
he claimed was paid by extortion in horse
trade. Hobbs bought two horses of w. H.
Stubbs. Green's agent, land paid for them at the
time. Later Green appeared and said that he
had a claim on the horses and that Hobbs
owed him $425, which was paid 1t appeared
from the evidence that Stubbs was Green's
authorized agent and that the first trade was
legitimate. At 8 p. m. the case was taken from
the jury on points of law. The testimony
was continued in the Law Library before the
court stenographer in the afternoon and even.
ing and the evidence was sent to the Law
Court on agreement Of the attorneys H, c..
Buzzell and Judge Halliday of Newport for
plaintiff and B. W. Blanchard of Bangor for
defendant.
Late Monday afternoon the case of Marian
E. Moody VS. Ralph Hayford was opened be-
fore he jury. The plaintiff claimed that the
defendant, who is her nephew and the execu-
tor of the estate of her late husband, Richard
H. Moody. had received $3375O for the sale of
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