Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1871-11-18
Examination Of James Mccarthy.

| Examination Of James Mccarthy.
The examination of James Mccarthy, an
inmate of the National Asylum at Togus,
| charged with an assault with attempt to kill,
| upon Patrick Doyle, also an inmate, was had
| yesterday afternoon before L. S. Commission
er, j. w. Bradbury, Jr., Esq. w. P. White
house, Esq, was counsel for the pris oner.
Several witnesses were called and sworn.
Sargent C. w. Jackson testiied-On the
| 9th of November, between and 8 O'clock
was called upon to arrest a man. Entered the
ward in which was Mccarthy and found him
standing up against the WALL Took hold of
him and told him he must 60 to the guard
| house. He replied, 'Look out Jackson, or
you'll get killed." and drew out knife and
| struck at me three times. Sergeant Doyle
| stood at the right, and seeing the predicament
| in which was in, came to help me out, but
| started back saying, ~ am stabbed" and
| seized chair. The knife, which is COM
mon jack knife, seven inches long, when
open, with one blade, was produced and iden-
| tilted by the witness. The knife bore stains of
blood. Mccarthy had his right hand behind
him when / went up. He came to the asylum
| two years ago last June. He was in his own
| ward at the time stood by the water closet
door talking; talks loud when rum is in him
| quiet and peaceable when sober; was cursing
| about something. Sergt. Doyle gave orders
| for his arrest. Said he wouldn't 90 to the
guard house; did not attempt to drag hun
| along; pared off his blows. lie stabbed Sergt.
| Doyle before chair was raised. Hill and
| Doyle had each raised a chair. When Doyle
hit Mccarthy he fell
Sergeant Patrick Doyle testified.-Was in
my room up stairs in conversation with others; ;
heard loud talk down stairs and said ''There's
more sport" There had been several arrests
| for drunkenness Started down stairs and saw
| McCarty standing at the foot of the stairs;
saw he was drunk, and told him to go to bed.
He asked, 'Whats the matter?" / said,
you keep quiet" He went over to his bed,
took off his coat, and threw it on to his bed.
l stood and watched him, although appearing
BOT to do so. He came over again and said,
''Ill make all the noise please" | replied
lyon won't" and ordered Jackson TO get men
and have him arrested. Waited for jackson a
few minutes, when he came. Mccarthy had
what appeared to be a bottle of liquor in his
hand, and said II might as well have another
drink before am put in the guard house"
jackson went up to Mccarthy to arrest him
and was in the act of putting his hand on his
shoulder, when he resisted. Saw him Jab-
bng, but did not see the knife. then went
over and made grab for him and was stab
bed on the left arm. The wound is two inches
long and half an inch deep. Doyle has lost
one arm] Looked round for something to
protect myself, took up a chair and told him
to drop the knife. Struck him three times
on his head or anywhere about his person
when | could get blows he dropped the
knife and l took him to the guard house; did
not strike him after he dropped the knife.
Saw the knife glisten. There would have
| 4 4. . Al. l. -
drawn. Mccarthy is very ugly, tantalising
and provoking. l have charge of the ward
and it is my duty to keep order. Mccarthy was
making a loud noise. Others were round
him holding chairs to protect themselves.
Gave him kick when carrying him to the
guard house, because he was biting and kick
ing. After he dropped the knife, said he
would go to the guard house with me. Saw
blood on his hands in the guard house; first
time that l noticed it. Never heard any
special complaint of his conduct.
John Farren testified: Sergeant jackson
gave orders for the arrest of McCarty, and
took straps and handouts. Jackson went up
to arrest him and they sang out that he had.a
knife. Picked up an iron spittoon to defend
myself. Doyle and Hill picked up chairs !;
Hill put his chair against McCarthy's breast !;
Doyle struck him with a chair. He then
taking hold of him Juggling him to the
guard house. He said when he was standing
that if any one came near him he would stab
him; saw him make no passes with the knife.
Henry Hill testiied-Was called up by
Jackson to help arrest Mccarthy. He stood
back to the door. jackson asked him to
come along, but he said $50 away or I'll
hurt you" or words to that effec. As Serg.
jackson went to arrest him, Mccarthy made
two passes at him. Serg. Doyle came up,
and he made pass at him and struck him in
the arm. When he dropped the knife they
took him to the guard house. Said he would
go with Doyle if they would let him go. He
made pass at me and was swinging his arms
about.
Almon p. Graves testified was in the
ward at the time; saw Doyle come in and
heard him tell Mccarthy to keep still, if he
didn't he would put him in the guard house.
Soon Jackson came in and said "McCarthy,
l want you to go to the guard house with me. "
Mccarthy then made a pass which jackson
warded off. Doyle then sprang forward to
get hold of him. Saw knife in his hand.
Saw Doyle take a chair, and heard him say,
"Drop that knife!' He struck him with the
chair twice. Mccarthy dropped the knife, and
fell to avoid the third blow. When saw the
knife took chair in my hands and said
9. ''He's going to stab us ALL" Mccarthy made
threats before this. / heard him say, while
Doyle was gone out, ''Ill fix him." Doyle
had just reprimanded him.
John McGlinn, night Waterman at the
institution, testified in regard to seeing Nc
Carthy in the smoking room, previous to the
stabbing affray, but the testimony seemed tC
have no bearing upon the case.
The testimony being all in, the prisoner
counsel, Mr.. Whitehouse, remarked that there