The Portland daily press., 1873-05-17
superior Court.


MAY TERM, SfMONDS, D., PRESIDING.
FRIDAY.-State VS.. James Geary, Dennis Maho-
ney, James Mclaughlin and John Driscoll. Re-
spondents were indicted for an alleged assault and
battery one James H. Lee, second mate of the
steamer Montreal on the morning of the 31st of
March last The defendants W re all deck hands,
The maUe's Story was in brief that while the crew
unloading freight, Geary came to him in an in
toxica ed condition ind stated he wanted more help
on the after drop. told him TO 60 along to work,
that he was drunken sot; he went off growing and
swearing Soon after went forward, and re-
pairing broken case, which Mahoney had carelessy
let fall and which reprimanded him. Geary came
in and said had accused him wrongfully of being
drunk, and that was liar. told him not to call
me liar, and gave him push with my hand and he
fell over the handles Of his truck. He got up and
came to wards me. 1 told him to keep away or
would knock his head off with the hammer. Then
Mahoney grabbed me and Mclaughlin struck at me
and Geary pounced on. and they knocked me down,
pounded and kicked me, and Geary chewed my hand
up. Mclaughlin held me down ON deck and Maho-
pey struek me cnce After got up 1 went down in
to the wash-room to wash off the blood and Geary
and Mahoney followed me. Mahoney grabbed me
aul held me while Geary struck me three or four
times in the face.
Geary says Les accused him wrongfully of being
drunk, and on Lis telling him so, Lee struck him on
the shoulder with the hammer and knocked him
dnwn that he then got up md Lee was spelling for
fght as we'll as he; they then clinched and had a
rough and tumble fight until Lee said he had enough;
he then let him up and he (Geary) went to trucking
freight. One of the told me 1 better go and
wash the blood from my face, and / went down to
the wash-room, not knowing Lee was there's when
in Lee says with oath) I'll fix you for this
asked him if he hadn't got enough, and made a
hal, CHI 7 ad
away from him and gave him poke with the ham
de- Mahoney didn't touch him at this time.
The testimony for the defence in regard to Maize
ney was all to the effect that Mahoney did not touch
Lee except to take the hammer from him after he
Struck Geary, and to keep the crowd from interfering
to separate the combatants.
Drisccll deuied being near the scene of the ARRAY
until il was all over.
Mclaughlin said he was witness to the fight but
did not take hand
The jury returned verdict as follows: Geary,
guilty; Maloney guilty of an assault only; Drscoll
and Mclaughlin n OF guilty.
Fox, Asst County Atty.
Hopkins for defendants.
State vs. Dennis O'Connor. Respondent i indicted
under the nuisance act for renting store on the
corner of Summer and West Commercial streets to
Patrick Sullivan, knowing that the same was to be
used for the Illegal sale of intoxicating liquors.
Respondent denies that he ever knew that Sullivan
was engaged in such illegal traffic; he was informed
at one time by the sheriff that such the act and
commenced process of forcible entry and detainer
torecove possession, the sheriff promising to furnish
the necessary evidence of such illegal traffic but the
suit failed for want of evidence Testimony and ar
guments closed.
Fox, Asst. County Atty.
Howard g. Cleaves for defendant.
In the case OF Nelson Leighton, found guilty Of an
assault police officer Miles, the defendant has filed
exceptions and recognized in the sum OF $500 for his
appearance at the next term.
The case of Jonathan Watson, indicted for arson,
has been postponed until Tuesday morning next at
ten o'clock. t
The first jury were excused until Tuesday morning
at ten o'clock.