Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1891-09-14
AT COURT.
4 Verdict Of Guilty Rendered
In The Case
OF Assault and Battery On cfncaf
Pollard At Pslts Pond,
Which Nay Aifsct His Tidal fos
ehooiipg John Kelley.

L. T. CARLETON, county attorney.
T. STEVENS, sheriff
| +. A. SnALL, stencgrspher.
FRIDAY, Sept. lith.
State vs.. John H. Richards Thi
care vas given to the jury at 8 o'clocl
P. NJ, Who after being out n
hour and half returned with verdict o.
guilty. The respondent vas released OF
bail and his case viii be taken TO the lAs
court on exce ptions.
| State W David Butler, Daniel Butler
John Butler ard John Kelley. L. T CArle
ton for State, s s. Brown for respondents
Indictment for an assault and battery upor
John r. Pollard on the 5 h Of last July il
| Winslow. Pollard testified in substance
that he was constable Of the town oi
Winslow and on Sunday. the 9Th day oi
July last be went to Pettis Pond in thai
town al found 80 or 40 people there at Z
chowder house and on \ platform out oi
doors were half = dozen people dancing to
the music Of fiddle, that he went 1ietly
up to the fiddler, put his hand en- his shout
der and told him it was against the law 10
be tiddling and dancirg on Sunday and
showed him his badge and attempted to
! obtain his name and lhst he gsve four dit
ferent names. Thereupan q crowd gathered
around, among them the respodeDt., and
Kelly took him by the coat collar and
| asked what he was there for, and he toll
him re had come to get the names Of
parties there; that Kelley told him he had
no business there and be hsd better get
out as quick as he could. ard if not he
would be Ok, so he could not get ou, i;
that he told Kelley IS many as four or five
times to go sway from him. that he wanted
no trouble with him that he wanted Kelley
to keep his hands Of and Lot interfere ' h
him at all; tina. he took hold Of Kelley .
hands and took them off from his collar
and pushed him back. but he kept coming
up and taking hold Of him; he was the
ls ader Of the crowd. The Buffers we're
there at the same time, as well as other
parties. Mr.. Horn, who went there with
witness, came along Al that time and told
Kelley he could not fix witness uoless e
fixed him Horn too, and made the fug
gestion that witness put the banocuff, on
Kelley. They kept on with their abuse,
pushing and pulling him round af'e he had
given them fair warning rot to interfere
with him. Witne,s said to the crowd; II
hsven'I come here to srtest anybody. l
have simply come here to do my duly. l
want to get your names.' He gave Hora
q pencil ard paper with which to take The
names down. Every moment they crowded
more violently. He called over the names
Of the fellows and thought Horn had them
dowr, when Kelly struck witness with his
fist i'll the face. Hor' asked for witness
billy, which he gave him, and witness
took out his revolver, which he hsd no
idea Of using. David Butler struck w.t.
ness with q clab over the head resrly
at the lass Of it. Daniel and John Bl,ler
also s,ruck him with their fists. They had
hold Of him pulling and "renching bin
round at pretty lively rate, aud Horn WAS
try z 10 pull them n. He was struck over
the had with u club. and also in the txce,
breaking the skin clear through into his i~
90 il luosebed two or three teeth and 40
xbscess gathered tbst troubled him for
long time, and he had nov as 9 reeull Of it
an liberated tooth. Skin WAS torn from his
neck Had black eye two weeks. o.
cross examination be said the Buffers and
Kelly were not dancing. but csma on the
platform to interfere with him. Dan
Butler spoke about going bjnds for tie
fiddler, but witness told him he di in's wsut
bonds, but the mst'- right name, and ths,
his boz d wasn't good Tor cent. He hsd
hold of the dddler at that time, and he1
him perhsp, 2 or 3 mlnu'es, or until he
row commenced. Dan Butler offered to
go bonds for the man, and also took hold
Of witness ard told him he had better leave,
and latter struck him that blow was sfter
be had fired stoi Into the floor; no blow
was struck after the second shot; great
violence was used to him before he fred
the second shot. The blow from Dan
Butler was about 2 minutes before he
fred The second SHOT and when he was
nearly exhausted. Thought Daniel Butler
had hold Of him at the time he fired the
second .hot. Horn had pulled him away
once. Had let the fiddler 20 about the
time the frst .hot was feed, perhaps half s
minute before. Fired The rev diver the first
time right down by the side Of
his own leg ilto the fl or. David
Butler had hold Of him and struck
him, but not until after The frst
shot. He struck with clab, the
others u, ed their fists. As soon a. | fred
the FIRST shot they went to pounding me.
They were all striking as the same time
The respondents we're intoxicated. Kelley
had hold OF me at the time the first sh 1t
was fired, and the Buffers were round and
held NE, using violent threats, s4ying they
would fix me so | could rot get out. 1t
was nearly 2 minutes after fred the first
shot before the second shot that ens. red
Kelley's body. Just before the secord
shot Horn had palisd some Of them { a,
but ~ss blinded 90 much by the blows
m haA ft.r T snrII tall
acsly whom he had taken off, but knew
Kelley had hold Of me when | feed the
second shot. All Of the respondents and
Andrew Pooler had beaten me over the
head Al d shoulders before the second sh,
and after the first. At the second shos /
aimed the pistol down at Keliy's leg, ard
meant to hit it, but they we're pulling him
round so | could not tell where the bullet
went. Don't know that it went into Kelly,
bat had be sfd so.
Guy W. Horne testified Substantially that
he ~ss constable Of WInslo~, and si.o
farmer. Had been polio, IN An two yesrs
IN Arlebyro. Went to the pond with Pol
lard, arrivi g there first, AID saw Kelly,
who ssked where Pollard was, and said
''If the d--d son-of-sb--h comes here
we will kill hun And throw him into The
pond" He appeared to have been drink
Jog. Saw Pollard soou after he came in
conversation With the fiddler and the crowd
bel gan to gather round him. Previous to
that | saw dsnCir z And heard fdiiiDg.
They began to talk pretty loud. Coh'.
know whether they struck before he fred,
but vas b, hid him and he looked round
after me, and the blood wss running dow
I q his nose, and ihink there was d scratch
or cut Cd it. Saw hun point bis revolver to
the fioor when be fred. Don't know how
msny ut they jump, d ous on him when ne
fred his h'si shot and sssn to pound him,
ard began to pull them Of When he
fred his secoDd shot was probably q rod
and half from him with Dan ard David
Buti.r whom l had taken OF from HIM,
and John Butler had foiiowed Us, SO / hsd
the three Butler b,ys with me. Could no.
say whether Kelly bad hold Of Pollard at
any time, and don't remember whether I /
heard him make any talk to Pollard. Sav
DAVID Butler srike Pollard with q liale
limb about two feet lorg. Pollard passed
me his billy. He had a.so passed me pen
Gil and paper ard | had got the names II
The respondents, with others. SAY DAnis
Butler round Pollard. and have hold Of
him. but did not see hin strike him. He
seemed to be boiling Pollard John But
leY struck Pollard With bis a .u At the
time the Buffers we're striking, r. lily stood
in in front OF Poll I'd ADD | couId not tell
whether be had hold Of bin. Did not ,ee
him striip Pollard. heard no threats .,
that time. Should think there were Is or
20 in the cfosd around Pollard. AFTER the
trouble saw Pollard snd be wss bruised
and the blood vas running 81 bis nose
The Buffers appeared to be intoxicated.
They ali let 90 Of Pollard s.q aick q he fred
the ,ecoi q shot Could NOT tell whether
BALLARD uaa afYuck hafn.a sha q at .hcs