Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1888-09-15
SUPERIOR COURT.
Judge w. p. whitehouse, Presiding
A. c. OrIs. Clerk.
c. z. McFAppEN, Sheriff.
+. A. SMALL, Stenographer.

nuisance, as common seller and keeping a
drinking house sui tippling shop. respective
~, and pleaded guilty in each case. Upon
the indictment the respondent was sentenced
to pay fine of 500 and to thirty days in
Jail, and the two remaining cases were con-
tinued for sentence.
The case of Angie B. Dalton, who yester-
day pleaded guilty to an indictment for ar
son, was continued for sentence, and the pris-
oner was given into the custody of her uncle
who appeared and gave bonds for her future
appearance.
State VS.. James McCaully This is the
Togus assault case, in which McCaully is
charged with having committed an assault
upon one Otto Won Kirsting with intent to
kill. The case began this morning and occu-
pied the entire day.
The first witness for the government was
Nathaniel T. II. Chenery, whose story was
substantially this l am 81 years of age and
have been an inmate of the Soldiers Home
for nearly five years, and have acted as Gen.
Stephenson's clerk all that time excepting the
first week. | have known McCaully ever
since he has been in the Home, the same as
have known other inmates. do not re-
member how long, but two years at any rate.
| know when McCaully was discharged; il
was the 10Th or llth of June last heard
the order given in the Office by the Governor
to the sergeant of police to take McCaully to
Gardiner, and I supposed he did. That is
all knew about it, On the evening of that
day, after tea, l went toSalk with Mr.. Kers-
ting. We walked over to Mr.. O'Conaors,
and stopped there half or three quarters, of
an hour While in the house we saw Me-
Caully go by the window did not see him in
| the house. l think we stayed ffteen or
twenty minutes longer and started homeward
in the neighborhood of half-past seven it wss
growing dark. We walked along perhaps
| fifty or one hundred feet along the road the
road turns little. paused beside the
road, and Mr.. Kertsting passed on, and as the
road turns he passed out of sight. While
standing there somebody approached, and
turned my head and Mr.. McCaully stepped
up and gave me a blow between the eyes and
knocked me across the road and to the
ground. l attempted 10 get up, when he
knocked me down again, and tried to ex-
postuate with him, and then cried for help
or cried murder; | certainly cried for help
Us he knocked me down my hat went in one
direction, and my cane in another. l then
saw Mrs. O'Connor and her mother running
lown, and McCaully left me and went across
the road and picked up my cane and went
Town and met Mr.. Kcrsting who was coming
back. | saw McCaully strike him. and break
the cane; don't know ow many blows he
struck; saw him strike him once, and Mrs.
OConnor rushed up and showed him.
wasn't injured very badly then. | was pretty
well bruised and knocked up a little; but he
hit me square blow between the eyes, and
bled profusely from the nostrils. If he
spoke couldn't tell what he said it was all
so sudden. | think he said something about
that he didn't want anything to do with me OF
something of that kind. l asked him what
was the matter with him, or said never in
jured him, or something of that kind and
then Mrs O'COnnors came up and he went
off and attacked Kersting; then several others
came and sc were taken into the house, and
then | was taken home in wagon, and Mr..
kersting was sent TO the hospital.
On cross examination, witness testified that
be was not intoxicated on the day of the as
sault, and that no ill-feeling ever existed be.
tween himself and the respondent.
Mrs. Sarah O'Connor testified that Chenery
and Kertsting visited her house on the eve.
ming of the assault, and that McCaully wa,
also there; that the latter stated in the kit
chen that they, meaning those at the Soldiers
Home, were not through with him yet: thai
he would put bomb under Gen. Stephenson
and his pimps, ana that they didn't get rid OF
McCaully SO easy as they thought they had
That Kersting and Chenery left, and Nc Caul
ly laughed and started right after him
Witness then went into the garden, and ther
heard the outcry and ran to the gate and saw
the attack upon Chenery, and afterwards saw
McCaully pick up the cane and strike Kers
ting over the head and arms; that she ran t.
McCaully and asked him not TO kill Kersting
and showed him off when he walked away
Witness did not think McCaully was intoxi
Gated.
/ Otto Won Kerstng was then called. III
! testified | am clerk in the Office of th,
, treasurer of the Home at Togus. have oc
I cupied that position about four years. an
!, 50 years of age and weigh 1926 lbs. l wa
disabled in the army by fracture of tn
right collar bone, and receive pension.
have known McCaully about two years.
knew of his discharge by hearsay. Witnes
corroborated the testimony of Chenery as /
the visit at the house of Mr.. O'Connors an
in relation to the assault stated. Mr. Chen
cry and left the house together; Mr.. Cher
cry stopped and walked along probably
y distance the length of the court room ahea,
murder" and ''help;" turned to see wlIs
the trouble was and saw McCaully fellin
C the man down on the ground the man trie
ID to rise and he felled him again, AMI in III
. coward, "you ought to be ashamed to lie
an old man like that, cripple" and in n
?, sponse. got very good blow on the head
d Il at was the first, the most severe of all.
K received other wounds and bled profusel,
=. defended myself with my cane and i
ct broke Mr.. theLeiy's cane over my head.
vas insensible until Mrs Csnnors came Vi
- They picked me up and the man ran ava.
c; and they carried me out to the house.
doctor aud ambulance was sent for and
~ 20 was cariei home. My ann was broke
'a and had four vou2ds here.
IL The witness then described the wount
H. which he received, and stated that he ",
ia confiued in the hospital for twenty lone da,
There had never been any difficulty betwee
y o' himself and McCaulIy. Witness p,oluce
i. the clothing worn at the time of the assault
showing the blood stains upon them.
e :, On cross examination witness admitted tn