Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1889-04-13
SUPERIOR COURT.
Judge W. p. whitehousc. Prssidins,
G T. SrnvKSs, Sheriff.
L. I. CAaiEroS, County Attorney.
W. 5. CaoArE. Clerk.
f. A SNAtr Stcnoyvsnhar

G T. SrnvKSs, Sheriff.
l. I. CAaiEroS, County Attorney.
W. 5. CHoArE. Clerk
+. A. SNAIL, Stenogrspher.
State vs.. Mary ]. Irving. Indictment for
assault and battery upon one MAr,ia Burke.
L. T. Carleton for State, J, Il Potter fc.
the respondent. Ii appeared In testimony
that the respondent sad e,mpisinaat and one
Charles MeDsvid, all employees of the Lock
wood Company at ws,ervilie, were together
in room of their boarding house on a Sat
urday evening in February last. and that
they were all engaged in drinkin, and con-
versation. The story of Burke with refer
enee to the row is substantially a. follows !.
Il am an Englishman and McDavid claimed
to be one, aud We were talking about our old
home and of people we knew. Miss Irving
interfered because 1t vas talk that did no,
interest her. and she and McDsvid had
trouble. l separated them. took my vest
from chair and started for my room when
McDavid made kick at me or her, | don't
know which, and grabbed him and we went
49, ~ @"N "SSs s0eNehefs ph toP. it VII
me in the arm and broke his hold and gave
him thump in the mouth. Upon that he
caught me by the shirts and pulled them
over my head, and while he was doing tha,
she banged into me with q pair of shears. |
She used the shears on me like a mad |
woman. got up and got her by the arms,
when he came up behind and slashed my
arm down with something in his hand, and
the next thing knew was on the floor with
blood all around me, and she was gone and
he on the bed" The witness exhibited his
arm and shoulder to the jury, disclosing the
scars of six or eight wounds one of them
about eight inches in length, and one three
inches in depth.
The defendants version 10 that Burke in
sisted upon sleeping that night in that room
upon lounge and that she and McDavid
objected, and the affair she described sub.
stantislly as follows: "He struck Charlie
and knocked him back onto the bed and
broke my bed down. went to the door and
called police, Charlie called for help and
"'"' Jaw NJ" pui At " tisut Top OI ulD, |
and separated them. Burke went out OF
the room, and Charlie, who was bleeding
went TO the mirror. He WAS standing there
when Burke returned with his shirts of and
struck Charlie and knocked him down. IL
went to the door and called police went
back and Burke was kicking Charlie. | said
for Gods sake don't kick him any more. IL
love that man dearly and don't you kick him
again. | thought he was dead. lie laid
like a dead man, and jumped right on to
his head and body to shield him from the
blows as well as | could. Burke commenced
kicking at me then He kicked me in the
mead so that could eat nothing hard for
week. He blacked my eyes and tore hair
'ut of my head in trying to drag me away
from Charlie. He said he would kill him,
and got down on the floor and went to biting
his feet. and at the same time kicked me on
The side, hips and arms. lie attempted to
grab mo by the throat and l grabbed n
pitcher filled with water and struck him with
It and broke 1t into thousand pieces, re-
tanning the handle in my hand which l
scrat ihed him with pretty good, until he lie,
90 of me and McDavid, too. Then he went
out of my room. did not strike him with
my shears.
McDavid corrcborated the testimony Of
the defendant. He testified that Burke came
into the room the last time with his shirts of
and his suspenders tied around his waist,
himself as John l.. Sullivan and
proceeded to knock the witness
out. lie knocked the witness down and
kicked him all over, blacked his eyes, split
his ear and lip, loosened three of his teeth,
kicked him in the region of the kidneys and
chewed his toes so that they afterwards turn
ed as black as stovepipe, and it was fe:red
he would have "jaw-lock." The COVERT
ment introduced in rebuttal medical testl-
mony to show that the injuries to the re.
spondent and McDavid were slight. The
sheares and the handle of the pitcher were |
also produced in court. both bearing some
traces of blood, The arguments were closed |
at the time of adjournment.
In the matter Of the indictment against
the Maine Central Railroad for manslaugh- |
ter in causing the death Of = young man at
Gardiner through their negligence in repair.
ing their freight station, the defendants paid
to the father Of the man killed seven hun
dred dollar,, and mol pros of the indict-