Oxford Democrat., 1920-10-26
SOUTH PARIS MAINE, TUESDAY, OCTOBER 2e5 1920.

raising Of the water caused damage, -
claimed by him, of several hundred dol
lars to the timber, ~ we'll "a the destruc.
tion of cranberry bog Of several acres.
from which an average crop OF some,
thing like $50 bushels had been obtained.
A dozen or more witnesses were put on
to give testimony regarding the value OF
|. the cranberry bog, and the damage done
to that and to the standing timber.
After the evidence for the plaintih
had been put In, counsel for defence
asked that the jury be excused. and they
were retired from the court room. C0un-
sel for defence then moved for . nom
suit, on two grounds. One reason was
that the plaintiff was not the owner OF
the land as stated In his declaration,
there being fractional interest In IL to
which he bad no deed. In relation to
this matter Justice Deasy stated that he
should allow an amendment to the writ
II asked for, and that the possession OF
the land would give the plaintiff the
right to bring action. The other reason
argued for the non.suit was that this 10
an action of tort, or trespass, whereas
the building of the dam by the defendant
company was an entirely legal act, IN.
der the "mill act," so called, which has
been the law of the state for hundred
years. The dam was reservoir dam
built for the benefit OF the defendant
fcompany's mill at Lowell, and the dam.
age to the plaintiff should have been
recovered under the mill act, and not
under this form OF action.
Mr.. Morey argued In reply to this that
the dam In question was 80 remote from
the mill that 1t did not seem that 1t
could be regarded as coming under the
mill act, but Justice Deasy cited case
from the Maine reports almost precisely
similar, in which the law court had de-
cided that the building Of dam came
under the mill act, and the non-suit was
accordingly ordered, which was the eDd
of this case.
At the conclusion OF this matter the
last of the jurors were finally dismissed,
a portion of them having been dismissed
earlier In the day.
Charles Smith OF Mexico, Pole in-
dicted for assault with intent to kill in
connection with neighborhood feud
which has acquired some fame, appeared
to answer to the indictment. County
Attorney Dyer mol pressed so much OF
the indictment as charged intent to kill,
and on the charge of assault sentence
was imposed of fine of 5000 and costs
taxed at $25, and ten months In the
county jail. The jail sentence was sus-
pended, and the respondent was set at
liberty.
Work on the criminal docket was con.
cluded Thursday forenoon, when the
time was largely taken up with the i'm.
position of sentences. The severest sen.
tence imposed was ten months In the
county jail, and several of the respond
en:s were released on good behavior.
/ In the case of Dominique Girondi, who
had been convicted of illegal possession
of liquor, brief remarks in bis behalf
were made by Judge Stearns, bis coun.
sell. Justice Deasy remarked that this
was very close case, and he did not
feel like Imposing heavy sentence.
He fixed the sentence at fine of 500
and costs taxed at $5.
Llewellyn A. Buck, q Milton Planta-
tion boy, pleaded guilty to breaking and
entering and larceny from q garage In
Woodstock, and after q few words in
his behalf by bis counsel, Alton G.
Wheeler, the indictment was mol pressed
as to the breaking and entering, and
was continued for sentence on the lar
ceny charge, aud the boy was allowed to
60.
John Bresette and Henry Bresette of
Oxford, who bad pleaded guilty to the
larceny of potatoes from the field, we're
fined each $40 and costs taxed at IS.
Henry Taylor of Bangor, who bad
pleaded guilty to carrying concealed
weapon, was q former inmate Of the
State School for Boys. After an exami.
nation of him at some length by the
court, q sentence of ninety days In jail
was imposed, and sentence was suspend
ed and he was released from custody.
| The case of Edward Gilland, who Was
indicted Jointly with Alfred Hartman
for breaking and entering and larceny at
the store of j. q. Purington In Bethel,
took some time to dispose OF. Gillsnd
served overseas In the Canadian forces
In two enlistments, and was honorably
discharged. He drifted into Maine laat
spring, and headed toward Canada. A
quite lengthy examination was given
| him by the court. he bad admitted to
the officers when arrested, and as freely
admitted it In court, that be had made
two other breaks In Paris on his way to
Bethel. In reply to questions put to
him he detailed bis movements freely,
but bis answers were sometimes rather
vague, and occasionally plainly inac-
curate. He was given sentence Of ten
months In jail.
Alfred Hartman, who was indicted
with Gilland for the Purington break, ia
native of Denmark. He was with Gil
land in the Purington break, but bad
| never seen him at any other time, nor
had he ever been In trouble before. BE
was given sentence of four months 10
jail at Auburn, so that he and Gilland
might be separated.
Mr.. Belivesu appeared in behalf OF
Frank Walsh of Fitchburg, Mass, who
bad pleaded guilty to assault and bat
terry. Sentence was suspended, and he
was released, with the understanding
| that be was to return to his homo In
Fitchburg.
Percy W. Martin Of Denmark, Indicted
for desertiop, pleaded nolo. Alton c.
Wheeler appeared for him. The case
was continued, be being ordered to pay
bis wife seven dollars week for year,
and he and two sureties bound them
selves to that payment.
The last case to be disposed Of was
that of William Knox OF Peru, who bad
pleaded nolo to an indictment for adul-
terry. A fine of $176 with costs Of $25
was imposed.
Continued on pagea)
East. West. Homes Best.