The Portland daily press., 1869-04-17
Municipal Court.

JUDGE KINGsBURT PRESIDING.
FRIDAY.-State vs.. VIM. W. Thomas. Jr.; assault
and battery BENZ. W. Hayes.
State VS.. Elias Thomas, I'd; assault on Almira ".
Hayes.
Same VS.. Same; assault on James Nelus.
Same Va. Chas P. Mattoeks; assault on BENZ. W.
Hayes.
Same VS.. Same; assault on James Neus.
All the above complaints have reference to the
same affair." an assault and battery committed on the
person OF Benz W: Hayes, the turnkey of the jail,
by W. W. Thomas, Jr., young lawyer Of this city,
on Wednesday morning last, between Q and 10
o'clock In the case OF Chas. P. Mattoeks the COM
plants continued until week from next Tues
day. W. W. Thomas, Jr., pleaded molo costenders,
but requested before the Judge gave his decision to
be allowed to make statement. The Government
then took up the complaints against Elias Thomas,
I'd, brother to William w.
The witnesses examined were Almira W. Hayes,
the wife of the turnkey Mr. Robert Pennell, assist
ant jailor; Benjamin w. Hayes, the complainant;
Sheriff Perry: Mrs. Perry, the Sherif's wife; James
Nelus, prisoner in the JAIL and the defendant.
The cause OF the assault owing to the lie hav-
ing been passed between Benz. W. Hayes and Will
liam W. Thomas, Dr., the defendants brother. On
Tuesday afternoon W. w. Thomas, Jr., went to the
jail to consult with prisoner by the name of Bland
as according to his wv WIS., statement he had been
requested to do by Mr. Ceaves (anothef lawyer, as
Mr.. Cleaves was not able to attend to the ease.
When there, Hayes wanted to know how he (Thomasl
knew Bland wanted to see him. on the ground, an he
(Hayes) stated that it was way with prisoners TO
smuggle out letters If they could and he knew Bland
had sent out no letter that he (Hayes) had read it
being customary for the officers at the jail to read
all letters allowed to be received sent out by the
prisoners. Hayes, 50 Thomas states, was very in
sulting in his manner, and when Thomas haa left
the jail and was part way down the steps Hayes gave
him the lie. Thomas stated he was so COMPOUNDED
that he contented himself with hurting the lie back
went home, slept on the matter, and in the morn
ing felt the lie must be retracted by Hayes.
Now we come to what the defendant in this case
had to do with the matter. Elias Thomas was told
by his brother in the morning what had occurred the
evening before, and that he felt he must have re-
traction from Hayes. They walked down town to-
gether, and when near City Hall met Gen, Mattocks
who had come up Exchange street. Then Mattocks
went one way and the two Thomases kept on down
Congress street to Washington street and thence to
the JAIL When the brothers arrived at the Jail they
found Mattocks already there conversing with Hayes
In the jail Office. MT. Penne was in the Office also
After Mattocks had finished his conversation Will
liam Thomas stepped up to Mr.. Hayes and said to
him, "You called me liar yesterday" ''Did l."
said Hayes. "Are you prepared to retrsct it2''
''Nop' said HAYES. Then Thomas clenched him and
got him down, with Hayes head in ''chancery."
Now comes the part which defendant took. Accord
ing to the testimony of the several witnesses whose
names we have mentioned, Mrs. Hayes testified
that she heard the noise in the office from her ROOM
which Is situated just over it. She went out Of her
room, and. accompanied by Mrs. Perry, whose room
is next to hers, went down stairs to the office and
both ladies entered. Saw Hayes bent over with Will
liam Thomas striking him. Reached forward to part
them when Elias pushed her back and struck her
blow in the stomach, which she bears the marks Of
That two of the prisoners came In and the Thomases
aud Mattocks fed.
Mr.. Robert Pennell testified that when he went to
part William Thomas and Hayes that Elias pushed
him back, saying "Let them fight it out"
Mrs. Perry testified that Elias Thomas pushed her
back ont of the door and attempted to shut it, say
ing sit was no place for ladies'" That she said
ssbe had right there, and that he had no right to
keep her out"
Nelus testified that he heard the noise in the Office,
went u and then went back for assistance returned
with Mccain and Driscoll, two OF the prisoners,
found the door locked and burst it open, and saw
Hayes in the position described by Mrs. Hayes
Rushed to part William and Hayes, and was Violent
ly pulled back by Elias and somebody, he did not
know whom, struck him violently on the back OF the
hand.
Hayes testimony corroborafed the evidence of the
others as to the conversation between himself and
William In the office. He said he was unprepared
for the blow, and that he bad billy in the desk near
by, and made but little defence, expecting that
Thomas would exhaust himself and then he couId
get at the billy and defend himself He was too
much occupied, he said, with his position to no
tice particularly what occurred between the other