The Portland daily press., 1869-04-28
Municipal Oourt.

JUDGEKINGsBURY PRESIDING.
TUEsDAY.-State VS.. Charles P. Mattocks As
sault and battery on Benz. W. Hayes
Mr.. Hayes was the first witness called, and men
toned who was present in the room at the Jail at the
time of the assault on the morning of the 14th OF
April-W. w. Thomas, Jr., Elias Thomas, I'd, Mr.
Pennell and Gen. Mattocks. Could not testify as to
anything done or said by Gen. Mattocks during the
controversy that ensued and which has been previ-
viousy published in this paper On cross-examina-
tion the gist of the testimony elected from Mr.
Hayes was that he didn't know whether Col. Mat
tocks assaulted him or not; neither saw or heard
him take any part in the affair; he didn't see COL
Mattocks 60 across the street and help take McCann
and Nelus off of Thomas in the street; neither did
he see Mccain or Nelus 60 out of the JAIL and didn't
know but sohat they did, neither, at the time, had
he any reason suspect Gen dattocks had any part
In the affair."
Mr.. Robert Pennell testified that when he e1ushed
to separate Mr.. Hayes and W. W. Thomas, Elias
seized him, and he tPennell called to Gen. Mattocks
to separate the combatants. Hayes and W. W. Thorn
as, and Mattocks said "Let them fight it out" hold
ing his hands out: that all that Mattocks had to
do with it to his knowledge; didn't see Col. Mat
tocks take hold any body to assault them neither
did he him prevent any body from separating the
combatants. In a conversation, coming up town
after the occurrence, with Gen. Mattocks, Mr.. PEN
nell said that the General and himself expressed as
constituent that Thomas should have committed an
assault on Hayes the day after the occurrence in
stead of the instant and in the height of passion
and also that Mattocks said that il man had insult
ed him as Hayes insulted Thomas he would have had
redress at the time and not waited till the next day.
W. H. vinton was the next witness. He testified
to meeting the Thomases and Gen. Mattocks on
Cumberland street the morning of the 14th Of
April, about o'clock. They were going the other
way and he was coming this way.
Charles Cutler testified to meeting the Thomases
and Gen. Mattocks ON Cumberland street, near
Myrtle, on the morning of the 14th of A1Iil.
Mrs. A. w. Hayes testified that all she saw Gen.
Mattocks have to do with the afray at the jail was
when she went up to separate her husband and Will
liam Thomas Gen. Mattocks made motion with his
hand saying "Let them fight it out" Knew that
after the afray Mccain was out on the street; said
Thomas wv. W. went out OF the house Immediately
after the aray and followed closely by the other
two; didn't see Mattocks take hold of any on
the street, in fact only went to the door and came
right back; didn't see the General encourage any
body to strike anybody or to create any fuss.
Mr.. Pennell recaled.-He didn't consider the first
question put by Mr.. Thomas to Mr.. Hayes-when
the jail-spoken in anger; neither did he hear any
undertoned remarks between Mattocks and the
Thomases that would give the impression they were
in colluson together.
The case was ably argued by Hon. j. H. Drum
mond for Government and by S. G. Strout for de-
fence. Judge Kingsbury reserved his decision
State VS.. Charles P. Mattocks. Assault and bat
terry on james Neus. Complaint dismissed.
State VS.. William Cotter. Intoxication and dis
turbance. Pleaded not guilty. Decision guilty and
fined So and costs.
State vs. Martin Ryan. Search and seizure. Plead
ed guilty. Fined $50 and costs.
PORTLAND YACHT CLUB.-The Portland
Yacht Club organized at the Office of w. w.
Thomas, Jun, on Exchange, Monday evening.
The meeting was called to order by Capt Abb
ell Smith when the following gentlemen were
elected officers for the ensuing year.
Commodore, j. M. Churchill, ESQ.,; Vice.
Commodore, Abiel M. Smith; Secretary and
Treasurer, John A. Emery. A committee of
three was then appointed to draft a constitu-
ton and bylaws and establish code of sig
mails to be reported at the next meeting two
weeks hence 1t consists of James M. Church
i'll, Abiel M. Smith, and William Senter. The
annual cruise is to be made the 18th of June.
Meeting adjourned to same place two weeks
from last Monday night.