The Portland daily press., 1874-12-22
Superior Court.
DECEMBER CIVIL TERN, 1874-sYMoNDs, j., PREsID-
r... ING.

DECEMBER CIVIL TERM, 1s74-sYMoNDs, j., PREsTD
r#rr r... ING.
MoNDAY.-George w. johnson VS.. Manassaf
Smith. This was an action to recover damages fol
an assault and battery committed on the person Of
the plaintiff by the defendant on the Goth of June
last
The facts of the case were undsputed. The testi-
mony of the defendant shows the main facts OF the
case and is as follows:
After stating that he owned two dogs, one black
Newfoundland worth fifty dollars, and setter worth
one hundred and fifty do lars and on which he had
expended one hundred dollars in training he testi-
fed as follows:
81 went to George W. Johnson's door, and a lady
came to the door, and enquired if Mr. johnson was
in. She said he was down building fence in the
field or pasture. Afterwards little boy came out
and gave the direction where he thought the men
were. didn't know how manv, he said they.
down into the pasture, and got down some dis
lance into wet Doggy place, and didn't discover
johnson at first, but after few minutes saw him
coming up and boy with him. As he came up l
stepped forward and asked him if his name was
johnson. (He had three or four or half a dozen
withs) He said yes. asked him if it was George
w. johnson, and he said yes. asked him If he had
had any trouble with dogs the other day. He said
yes. asked him when it was. He said day before
yesterday morning. sdlu nc SHoo OhO nAiiSo
him and wounded the other. asked him what kind
of dog he killed; he said large black dog asked
him what kind of dog be wounded. He said one of
those yellow bird dogs. said, "Damn you, you are
the man have been looking for, look out tor your
self" Then struck him. Up to that time l can't
saw that had assumed any attitude to commit an
assault perhaps put ND my hands for fear he would
strike me- didn't strike him with anything beside
my fist. / had nothing else to strike him with. He
did not fall under the blow; he stepped back eight
ten feet and sung out Oh don't, stop" He start.
ed and ran for the fence, which was as far as the
width of this room. He got to the fence. i did not
strike him between the time first struck him and
the time he got to the fence. At the fence caught
lin by the collar and pulled him back or swung
him back and told him hadn't got done with him.
struck him again and he went down into the
ditch. think struck him the chin at that time
He had his hands up in this way and struck under
them. He got up and started to run again, and
think struck him the third time, but am not posi-
tive about that. 1 did not strike him while he was
ON the ground. slapped him with my open hand
while he was down.. don't know that he struck at
me at all. He shouted murder and said he would
pay for the dogs, and that he owned a farm and so
on. When left him asked him if he would ever
shoot another dog of mine and he said he would not
SCOoo
mentioned at all until saw him in Stroudwater
store. When desisted he was lying there below
ing, and called my brother up and told him to give
me the small cane he had in his hand. intended to
give him Gaming. did not give him any Gaming
nor touch him after that / stepped back AMI he
laid there and asked him if he woald ever shoot
dogs again, and he said he never would used
nothing in the assault except my HAMS. walked
away to my carriage and drove to Stroudwater viii
lage. As drove up to the store heard a shouting
and looked back up the road and saw johnson COM
ing on horseback. He was riding on galop, and
was shouting, ''Stop that man!' 1 jumped out OF
the carriage and waited until he came up He was
shouting to the citizens that he had been assaulted
and for them to arrest me- SAID, have assaulted
him and if he hadn't got enough to get of his horse
and he could lave another chance. did not come
into collision with him after that.
The jury rendered verdict for the plaintiff for
one thousand dollars. ez...
Haskell-N. S. LittIefeld for pf
....f.-.sr -.r.- a.s1 Webb for deft
A. A. Strout VS.. ID. M. Stewart. Action to re-
cover for professional services. On trial.
Strout g. Gage for plaintiff.
ID. I'll rfg.fi f.r, 1ft...- Hale for defendant