The Portland daily press., 1873-05-21

MAY TERM, sYMONDs. j., PRESIDING.
TUEsDAY.-State VS.. John Warren. Respondent
indicted at this term for manslaughter in felon
ously killing one Michael Sul at the poor house
the twenty fifth of April, 1873 On being arraign-
ed he pleaded guilty.
To show what the transaction was, and In mitiga-
ton of sentence the counsel for the respondent called
several Witnesses whose testimony in brief as
follows.
DIR. T. A. Foster testified: made the post-mor-
tenn of the deceased; found the body of a man ap-
parenty about seventy years old, very feeble, with
the bones of the fractured; no other scars or
marks that discovered; found the brain in con-
gesed condition, such might have occurred either
before after death. 1 found extensive disease of
both lungs, of chronic character, which had result
ed in gueing the lungs to the side of the chest al
so found what term valvular disease of the heart
which liable to terminate the life of the indivdu
al any time; my opinion is that death was caused
by the shock to an enfeebled system either by blow
received directly OF received in falling, both,
cannot say which; did not find anything. that in
my Judgment, would have caused the death of man
in ordinary health; think the fall without the blow
might have caused death.
Mrs. Joel Merrill am the wife of Joel Merrill
the keeper of the Aims House, at the time this trans
action took place was looking out of my chamber
window; 1 heard some loud talk and went to the
window aad saw Mr.. Warren strike Sullivan on his
chest; not hard blow at all; 1 should not have
thought it would injure him; the next thing / saw
Warren struck him or pushed him with his left hand
in his back, not hard clip, but Sullivan fell right
forward on his face and his arms extended; l saw
no thing else.
Witness testified further that the character of the
respondent as peacable and quiet man was good.
Joel Merrill, George H. Knight Thomas Newman,
ID IT nh,, Trua md
Benjamin w. Slower all testified to the good repu-
tation of the respondent quiet and peacable cit
zen.
John Warren, the respondent, testified as follows:
am SO years of age; have lived in Portland about
twent y-fve years; have been employed at the Aims
House about eighteen years; at the time this thing
happened was at work there under pay; cannot
say what begun this quarrel; never injured Suli-
van to my knowledge, but he was always aggravat-
ing me by calling thief, and saying robbed and
stole and plundered; he did that many times; on
this morning he was up in his bedroom, looking out
of the window; was sitting on bench in the yard
below with friend smoking; woman was in the
yard. who came and sat down on the bench beside
u; Sullivan put his head out of the window and said
'Thieves and whores sit together l looked up
and told him to come down and we would settle mat
tiers. Alter finished smoking started for my wo k
and met him right in the doorway he called me bad
names and abused me, and we cliuched each other;
struck him and showed him, so he fell forward on his
face and hands; 1 was then taken and confined by
Mr.. Merrill.
The County Attorney agreed with the counsel fol
the respondent, that this in which only a
light punishment should be inflicted Sentenced to
four months Imprisonment in the County Jail.
Mattocks, County Atty.
Reed, for defendant.
State VS.. Margaret Dennis appIt. Complaint
against respondent for single sale of Intoxicating
liquor. Verdict guilty.
Mattocks, County Atty.
O'Donnell for defendant.
James Gearv, convicted at this term for an assault
and battery the mate of the steamer Montreal was
sentenced Imprisonment in the County jail for the
term of three months.
Dennis Mahoney, for an assault and battery on the
SINE party, sentenced to thirty days in jail.
State VIM. j. Mcdonald Search and seizure.
On trial.
Mattocks. County Atty.
Bradbury g. Bradbury for defendant.
The of nathan Watson, for arson, was post
poned until Thursday morning next. Special venires
for twelve new jurymen were issued.