Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1888-09-15

Cornelius OConnor testified that McCaullv
was at his house upon the evening in ones
ton, and that he heard McCaully making
some talk but was unable to hear what /.
was. McCaul.y was not drunk then. Wit
ness heard the outcry and arrived upon the
scene few moments after the ARRAY was
over and assisted to take care of Chenery
and Kersting. :,
The government stopped here and the re-
spondent took the stand in his own behalf.
tie testified that he was born in 1928, and Ia
therefore now in his sixty.first year. He
entered the regular army in 1857 and served,
having re-enlisted as his several terms ex-
pired, until ls69. when be was honorably
discharged. He stated the different corps
in which he had served and stated that he
had never received a bounty, and had never
received or applied for pension; never
asked aid of the government until a year
ago last January, when Maj. General Frank
lin, upon his application, made out the pa
pers and sent him to the Home. Remained
there until the llth of last June. while at
the Home was detailed as janitor of Frank
lin music hall, which position he occupied
until the following August, when he was re-
lieved upon his own request and WAS then
appointed drum major; was offered the po-
sition of sergeant of police, which he re-
fused 10 accept. In June last he was put
into the guard house by order of Gen.
Stephenson, where he was kept for seven
teen days on bread and water, and was then
taken TO Gardiner and placed on board the
boat without his discharge papers or trans
portation and without knowledge of the
charge against him. Did not receive his
discharge until July Is tn, when at the Home
with counsel to get a hearing. When wit
ness found that he had been left on board
the boat without means of transportation he
left the steamer and, after getting shaved
and getting dinner. started back toward the
Homes started back TO get his papers, and
TO ascertain why it was he had been dis
charged. Gotta team TO convey him and
stopped near O'Connor's and got out and
called there TO get lodging, intending to call
at the Home and see Gen. Stephenson in
the me rning Did not see either Chenery or
kersting there; did not know they were In
the house; was unable TO obtain a lodging
and started 10 go to Mr.. Dallcy's; he got
down the road perhaps % or 80 yards and
saw Mr.. Chencry standing beside the road.
lie was rather drunk; there was no doubt
about it. lie says, "llello, McCaully," and
| says, Hello, Chenery,' and | was passing
on; and he turned and says, Stephenson
has bounced YOU" Yes" | SAYS, IL pre-
sumo you know what it 10 for" He said
Yes :" | think that is what he said and that
| deserved IT, ! said, How do you know
that deserve it2 it is no such thing, and II
you were worth slapping l would slap you
for that remark. and then he turned round
and says. do il" and raised his cane and |
slapped him with my hand and he hit me
with his stick and took it on the left arm
and he got up and | hit him another lick,
and that is all | had to do with him. The
next thing knew this other man who was
down the roa came running up; Chenerys
stick lay on the ground; l picked ii up and
he said, 'You G-dd-n - will knock
your Cd d-d head off, :" and the first blow
couldn't parry aud he struck me on the
head. 1t didn't stagger me. struck his
sword arm and his stick fell to the ground t,
and | struck him and he placed his hands
up over his head and began to hvller and
scream and l picked up the sticks and
chucked them out the side of the road and
walked down the road and that was the end
| of it.
Witness denied having ever made any of
the threats attributed TO him, but admitted
that he may have said that he proposed to
have satisfaction, by which he meant that he
intended to return To get his papers and learn
why he had been discharged. The witness
was subjected TO severe cross-eIamination.
| In Icbuttal Mr.. Cheney testified that |,
was customary for all inmates to receive
their papers when discharged, and that In
this case the papers were delivered to the
sergeant of police TO give to McCaully when
he was taken to Gardiner. Witness further
stated that Gen. Stephenson had no authority
to discharge a soldier from the Home, but
that the authority rested with Major Frank
lin, the president Of the board of managers.
1t was finally admitted that McCaully re-
ceived his discharge on July 10th. At the
conclusion of the argument for the defend
ant the court adjourned.
l.. L. Carl eton, county attorney.
j. ii. Potter ard A. NJ. Goddard for deft