Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1916-10-17
Supreme Judicial Court.
October Term. 1915.

AIhar. -Stenograpne
William Q. rockingham ..................s heri
yonn A. Titus Jaile
Waltar IeSs -------------.---Deputy ~ CIie
Ion;s W S Ssay -----------------------;L iDrana
In it's first week the court has beel
nearly continuously busy with jury trials
a larger number Of cases having BEEF
heard than usual. None of them In
volved any large amount.
There are still q number of civil case
on the trial list, in addition to the Grim
inal business, which is not likely to re
quire great deal of time. It Is proba
BILE that the term will last until Thurs
day, and perhaps longer.
Promptly at ten O'Clock Tuesday
morning the term opened, with the usua
formalities. PRAYER was offered by Rev
Chester Gore Miller.
Seventeen grand jurors answered tC
their names, and the grand jury which
serves at this term and the March term
was empaneled and organized as follows
GRAND JURY.
VIC. Horne, Mexico, Foreman.
Leslie e. Abbott. Woodstock.
Philip 8. Chapman, Bethel.
Leon Child, Peru.
Guy l.. Curtis, Norway.
w. II. Davenport, Dixfeld.
Charles Fl. bennett, Brownfeld.
Amos Foster, Buckield.
Harold b. Gilbert, Canton.
Fred s. Hayes, Oxford.
Walter g Hicks, Rumtord.
John F. Redding. Sumner.
Henry Is. Severance, Lowell.
William c. Stacy. Porter.
William c. Stearns, Paris.
Roger L. Thurston, Andover,
Cleon II. York, Waterford.
Judge Savage gave the grand jury q
brief but clear and full charge regarding
their duties, and they retired to their
room.
The traverse juries were empaneled as
follows:
FIRST JURY.
Elmer Z. Twitchel, oxford, Foreman.
Charles T. Bowen, Buckfield.
James Boyle, Sumner.
William p. Brooks, Brownfield.
W. S. Davis, Woodstock.
Hector Gagnon, Rumford.
Fred +. Quincy, Hebron.
James Hobbs, Fryeburg.
William l.. Libby, Hartford.
G. K. McArdle, Paris.
Horace s. Perry, Norway.
Alvin G. Stanley, Porter.
SECOND JURY.
BENJAMIN RUSSELL Lowell, Foreman.
Elmer Fl. Allen, Bethel.
Orlando A. Bisbee, Dixfeld.
John +. Caldwell, Andover.
Major w. Hastings, Bethel.
Fred w. Merrifield, Hiram.
Addison Millett, Waterford.
Wilbur ID. Moulton, Sweden.
r. Z. McCollister, Canton.
Ambrose K. Mclntire, Peru.
Henry w. Warren. Denmark.
George Il. Willis, Mexico.
sUPERNUMERARIEs.
E. l.. Bartlett, Rumford.
Fred L. Hall, Paris.
H. NJ. Swift, Greenwood.
Ernest S. Bartlett of Stoneham, drawn
IS traverse juror, had already been ex-
used from service before the opening of
he court.
Deputy Sheriff George 81. Record of
Suckfield was in attendance on the
rand jury, and Deputies Eugene c. Lib
" of Norway and Deloraine A. Cole of
Woodstock on the traverse juries.
Seated in the bar at the opening were
most of the actively practicing members
# the bar in Oxford County and a mum.
,er from adjoining counties, and one
'isitor from outside the state, Hon. Ed
ward L. Paris, who lives and practices
q New York, though he spends most of
lis vacation time in Paris.
A trial list of some forty cases was
made up at the call of the docket after
he organization, but when 1t came to
ssignments the list Jared about as usual,
considerable part of the cases not be-
ng for actual trial. Assignments were
made up to Tuesday of the second week.
A portion of Wednesday was taken up
With the trial of the case, opened in the
of Eugene F. Smith Va. Harry
=. Lowe, Philip q. McAllister and Hazel
VI. McAllister. The plaintiff is a we'll
,nown Norway attorney, but as he was
witness in the case, Alton G. Wheeler
conducted the case for him. One of the
Harry L. Lowe, did not ap-
,ear by counsel, and was defaulted, leav-
ng the case to be tried against Mr.. and
drs. McAllister, who are residents of
Norway. A. j. Stearns was their attor-
ley.
The suit was brought on promissory
tote for $4,000, given April 5, 1915, due
Sov. l, 1915, signed by Lowe and Mr..
md Mrs. McAllister. The signatures
re not denied, but explanations as to
he circumstances made part of the case.
There was very little conflict OF testi-
nony, and the history of the note as
brought out in the evidence was briefly
his:
In the spring of 1914 Mr.. McAllister,
desiring to buy cow, borrowed of Mr..
smith for the purpose S45 90, giving his
tote for S55. 90 due in the fall. Not be-
ng able to pay the note when due, he
occurred one or two extensions of it on
he payment of small sums. In the
pring of 1915 he negotiated after some
lime sale of the COW to Mr.. Lowe, who
ived on farm in Greenwood owned by
Mr.. Smith. Mr.. Smith would not con-
ent to the transfer of the cow unless Mr..
md Mrs. McAllister signed the note with
Mr.. Lowe. This they would not at first
.gree to, but finally said they would do
{ If Mr.. Lowe would give as security a
,laim not only on the COW, but also on
,orse which he owned. This was finally
lone, the COW was transferred to Mr..
Lowe, and new note for $4,000 was
,iven Mr.. Smith, signed by the three de.
endants, and on which this suit was
brought.
In the mortgage given by Mr.. Lowe to
Mr.. Smith on the COW and horse, they
we're made security not only for the
;ixty-dollar note which is In this case,
,ut also for another note for S267 which
Mr.. Smith held against Mr.. Lowe.
When the sixty dollar note matured in
he fall of 1915, 1t was not paid, and Mr..
smith foreclosed ON the COW, which then
lad calf by her side. The horse died
.bout the same time. Mr.. Smith gave
Mr.. Lowe credit for $50 for the COW, en-
lorsing it on the $267 note, and told him
hat il he could sell the cow for more
han that amount he would give him
credit for the surplus.
Vigorous arguments by Mr.. Stearns
and Mr.. Wheeler for their respective
clients closed the forenoon session, and
The charge of Judge Savage to the jury
was given at the opening of the after
noon session. He instructed them that
4 Mr.. and Mrs. McAllister signed the
note as sureties, as they appeared to