Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1885-02-17
MAINE NsSPATcHfS.
THE NEALLEY TRIAL,
iesumony for the Government all in
opening the Case for the Defence.

BANGOR, Feb. l6.
The trial of Charles H. Nealley of Stacy.
vile, indicted for mansaughter for KILLING
Michael Welch on the night of Deceu har
ifth' 1884, was begun in the supreme court
at Bangor today, Chief Justice Peters pre-
siding. County Attorney F. H. Appleton
and Hugh r. Chaplin appear for the State
and Jasper Hutchings and John Varney for
the defence
County Attorney Appleton opened the case
and gave the jury detailed account of the
murder and all the circumstances connected
with it.
The first witness called was John Phillips
of New Brunswick He testified to being
with Michael Welch. on the afternoon of
Dec. l4th, and to drinking reduced alcohol
with him several times; Nealey and Others
were also present About nine o'clock the
party left Alfred Davidson's house and started
Tor Nealley's house. On the way Wech and
Nealley had alteration. Witness tried
to persuade Welch to go home, but Welch
refused to do 50. Nealley's party reached
home first and on the arrival of Welch
and witness, Nealley, ordered Walsh to go
away. The latter refused, saying he wanted
to talk with him. Nealley said he would
give WEIGH three minutes to get out of his
yard or he would shoot HIM or his horse. The
witness then got out of his wagon and wen,
back few rods, and heard Welch say
''Shoot away" He heard the report of a
gun. Nealley called to the witness, saying,
"I've shot your partner, and afterwards,
''Come here, want you
Witness made no reply; went down to
Boynton's and told them what had happened.
Saw Welch's body at Boyntons the next
morning: The witness identified the coat
Welch wore on the day of his death.
Silas r. Mitchell testified: Went down to
Nealley's; saw no horse, but saw the buck
the mouth of Nealley road he said that he
picked them up on the main road; then went
and found Welch in the door yard, dead we
took the body to Boynton's; did not see Neal
lev that night, nor anyone in the house
found the blackboard so rods from the Neal
ley road
VIM. II. Boynton testified: Am proprietor
of the Aroostook House; Welch had worked
for me; he and Phillips left my house with
my team at about 80 p NJ. on the day of
the trouble; said they were going skating; !;
it was high lived horse; never saw Welch
after that until saw his dead body in front
of my hotel; the wound was not more than
two inches from the nipple of the left breast !;
found only piece of tobacco and ten cent
piece in his pocket.
Horace Miles, trial justice before whom
Nealley was first tried. testified; saw Ne ,lley
next day in LAWYER Benjamin's office; he
said. 81 had some trouble and shot the man;
I said, ..who?" he said, "Welch;" | said
s.You didn't kill him?" he said, eyes, he
died in minute;'' l was the magistrate who
committed him Nealley said he did not like
Welch as he had once struck his wife's
mother.
Here the government rested and Mr.. Var
new opened for the defence. Eleven wit
nesses were sworn.
MIR. Varney stated clearly and logically the
theory of the defence We do not deny the
killing, but say it was justified. Nealley hac
lived on that road two or three years. Welcf
came from the Provinces. Welch began tt
visit Nealley's last July. He was told re-
peatedly that he was not wanted. Nealle'
works in the woods and Welch took occasion
| TO visit the house in his absence. One time
he inflicted serious blow upon Mrs. Moore
the mother of Mrs. Nealley. On one occa
sion he threw stones at the house where 'he
women folks were alone, because they woui'
not admit him. One night he tried to enec
an entrance when it was nearly morning. Or
the day of the killing Nealley was going lnt'
camp and had his gun on his shoulder. III
mot these parties, and when he saw Weics
he concluded that he would go back home to
rrotect lis family. We say that Welch pu
himself beyond the pale of protection by all
his conduct on that day. The law uphoids
r,an in defending his life. He is not Justi
fed in seeking quarrel. neither has he th'
r;obt 10 shoot merely because of insulting
words. but if those words make him afraic
that his life is in danger, he has right &c
shoot. Then, man, too, in his own mousse
as il is his castle, has the right positively to
ward off danger when menaced.
The first witness for the defence was Al
e.sd q Davidson. saw Welch strike MRS
Moore once in Nealley's house. The oiov
w.s hard enough to knock her down. ID
80. irving to pick up quarrel with Dale.
.,d me. AT Davidson's, Welch wante'
glasses to use for liquor. My sister anu
refused. Nealley did say that ne wouia x
hack home for safety instead OF to camp
welch wanted Nealley to ride and the iatte
refused, as his wife and her sister was Walk
;no Miss Clark and I passed on ieavin