The Republican journal. [volume] (Belfast, Me.) 1829-current, 1917-04-26
Supreme Judicial Court.

l.
justice George E. Bird OF Portland Pre-.
siding.
| Civil Cases.
Inc nrst case to be heard before jury
came up wednesday morning, April 18th, and
aiter nearing was taken from the Jury and
sent to the Law Court on report. The case of
Charles F. Carter Of Montyille Va. John &c.
ru,er OF Liberty. a suit to recover $155 which
piaintin claimed to be balance due him on
nay trade was then heard. The jury returned
verdict of $l4624 for plaintiff.
Both Juries were excused over Patriots Day.
Ihursday. but the grand jury continued its
work. and Judge Bird was busy with divorce
canes. etc.
ine FRIDAY morning session was taken up
with the case of Charles B. Wellington of
UNITY VS.. Sheriff Frank A. Cushman, suit
TO recover IS. 600 damages for alleged injuries
received by plaintiff at the hands of Harrison
b. Ioothaker, deputy sheriff serving under
onefiH Cushman. r. F. Dunton appeared for
the plaintiff and Buzzell and Richie for the
defendant. The plaintiff was placed on the
oo years OF age and that he was returning in
March, 1916, from Watervie, and when he
reached the station at Unity alighted from the
train. He then met officer Toothaker, who or
oered HIM to get aboard the train again as he
was wanted in Belfast municipal court on
suit brought against him for trespass. He
alleged that the officer used force, literally
m oh
ing and otherwise injuring him.
Mrs. Wellington, wife OF the plaintiff, testi-
he'd as to the alleged injuries to her husband,
which she said were SO severe that he was un-
able to get up stairs for two weeks. The de.
fence was a general denial, claiming that Mr..
Wellington. who was wanted in civil suit, at
first refused to go with the officer and had to
be urged, but that he was not handled roughly
and made no complaints to anyone at the time.
The case was suspended at p. M, after
plumber of witnesses had been heard, to await
the arrival of witness in the case Saturday
1t was given to the jury at p. m. Saturday
and at p m. they returned verdict for de-
fendant
William C. Mason VS.. Harrison B. Tooth
aHer was opened to the jury Saturday morn
Ing. This is suit to recover 5000 for in
Juries plaintiff claims to have received when
arrested Aug 10, 1916, by Mr.. Toothaker then
policeman on the night watch. 1t was al
legged that the officer used unnecessary VIC
ience in making the arrest, that he struck
plaintiff over the head with his billy, inflictng
q scalp wound, severing two arteries, causing
loss OF blood. etc. The defence was that
Mason had given the officer great deal of
trouble, that he was intoxicated, had resisted
arrest and used threatening and abusive Ian
guage. The plaintiffs case was conducted by
James S. hartman of Belfast and George H.
Morse of Bangor, who acted in the absence of
w R Pattangall who had previously answered.
They called Thomas B. Kennedy as their prn-
cipal witness, DR.. F. C. Small, the physician
who was called to attend Mason at the lookup,
and later at his home. Mrs. Mason, his wife;
Mrs. Bessie Keyes, Irving Rich, George F.
Kent, former City Marshal George W. Frisbee.
Mrs. A. B. Wylie and Mr.. James S. Hartman
to testify that Mason was not intoxicated, the
condition of his injuries, etc. The defence was
conducted by Arthur Ritchie and H. C Buzzell,
who called Toothaker, the defendant William
Gray, who was night watch at the time. DR..
Carl H. Stevens in regard to Masons injuries,
Sheriff Cushman as to the plaintiffs wife ap-
pealing to him in regard to her husbands mis-
conduct, H. c. Robbins, who saw Mason on the
night of his arrest. Mr.. Buzzell addressed
the jury for the defendant and Mr.. Morse for
] rio tbo Ind oharno nd
the case was given to the jury at 4 p. m. At
525 p. IN. they returned verdict for the
plaintiff with s7s damages.
| The Indictments.
The grand jury made partial report at
l1.55 a. m. Friday. presenting indictments as
follows: State VS.. Winnie A. Crocker of
Brooks for forgery; Leroy Carter, alias Roy
Carter of Belfast, breaking and entering and
larceny. Mr.. Drake. foreman of the jury, re-
signed to become witness before the grand
jury, and Mr.. Nelson was made foreman. The
jury finally reported at 2 p. m. with eight
more indictments, none made public Friday.
Saturday morning indictments were entered
against Mrs. Lydia A. Moody and Mrs. Jessie
Moody Welch for receiving stolen goods. Both
we're placed under $500 bonds for their appear
ance in court from day. to day, with Fred P
Moody and Arthur H. Welch as sureties.
Carter and Crocker were arraigned Friday
afternoon. Carter pleading not guilty and
Croker pleading guilty.
| Monday noon the indictment of Walter Nc
Carthy. alias Walter Sargent of Searsport.
| for assault was made nuhl;c
State vs. Edward J. Webb, cheating by false
pretenses.
State vs.. Joseph Johnson. common seller
| State vs.. Wallace Seekins, common seller.
| State vs. Charles L. Abbott, cheating by
false pretences.
State vs. Gilbert Ellis. single sale.
State vs. Herbert A. Clark, cheating by false
pretences.
Disposition of Cases on Civil Docket.
Assigned cases, not tried, were disposed of
as follows;
Harry E. Kinney vs. F. c. Ellingwood; re
ferred to Ralph l. Morse.
A. M. Shibles vs.. o. K. Gordon and IT,;
neither party, no further action for same
cause.
Waldo Farmers Union vs.. E. B. Hunt and
IT,; referred to Charles F. johnson to be
ard hefore the middle of vacation Ranort