The Portland daily press., 1892-05-18
GRACEs AND CAsHEs.
1t Cost Them Ten Dollar Fine Each
When they Didn't Help the Constables.

The cases against the Graces and
Cashes were brought to close in the
Municipal court yesterday afternoon.
Leonard Cash, Wesley Cash, George
Grace and Frank Grace were fined So
each for refusing to assist Constable
Burgess in the Skunk Hill affray. Then
these four and William Cash Jr. were
fined $5 each for aiding and abetting the
assault on Fullerton at the second affair
and finally William Cash Jr., was fined
SIS for refusing to assist Constable Hayes
at the second affray. Thus each of the
five receives fines aggregating $40 each.
The costs will increase this amount some
what
The young men seemed considerably
pleased at getting off so easily, for
County Attorney Robinson's summing
up for the government was such forci-
BILE and vivid picturing of their ignoble
conduct that their anxiety under it was
plainly visible.
Judge Gould also summed up in his
decision in a way that showed that the
belief of the court was that the defend
ants had acted unjustifably and against
the peace and good order of Cape Eliza
beth.
Before the argument of the counsel,
Messrs Frank and Matte cks for the de-
fence and the county attorney, several
witnesses were examined.
William Cash
was first on the stand. He admitted
that he had told Fullerton to cease strik-
ing Ney with the hand cuffs; and when
Hayes called ON him to assist that he
could not. But he had used no such
language as had been attributed to him.
He had not helped because of a trouble
of his heart. He had not encouraged
Ney or Conley by shouting to either
"Give it to him. or "Sock it to him."
Neither had he crowded around Ney to
assist him to escape. Witness did not
know that Hayes was acting as an officer
and thought that it was free fight.
Witness was not at the Skunk Hill fight.
Upon cross examination by County At
torney Robinson witness,said that he had
been afflicted with heart trouble for a
long time; had it in years previous while
he was acting as constable and making
arrest. Witness denied having doubled
up his gsts at Fullerton when he told the
latter not to strike again with the hand
cutfss Witness was positive that Ney
had not struck Fullerton before the latter
used the handouts on him. Witness
knew that Hayes was an officer, but did
not help him because he did not want to
get pounded up or nerved up on accounl
of his heart.
Mr.. Chaplin
foreman of the Clark & Chaplin Ice Co.
testified that he had known VIM. Cash,
Jr.- for ten years; had had good chance
to observe him and never knew him to
be in any quarrel. Witness also knew
Leonard and Wesley Cash. There was a
time when Leonard was out of health.
At that time, about two years ago, he
had to be careful about his work and was
given light job. Otherwise he had
done heavy work. So far as witness
knew Leonard and Wesley were peacea-
BILE, but had not known much of them.
On cross examination witness described
the work of Leonard Cash the con-
sumptive, in the ice house. 1t was hand
ling cakes of ice weighing about 800
pounds.
John Leonard had known VIM. Cash,
Jr., for many years and never knew him
to be other than peaceable.
Mr.. Thos. B. Haskell, collector of Cape
EliZahath I1n1acc pvcantiopc ho tal 10,
his election [laughter] said he knew
VIM. Cash, Jr., as a peaceable man. The
regulations of Leonard and Wesley Cash
were not SO good as Williams, neither
were their regulations for truth and
veracity so good as Williams
Constable Burgess being recalled af-
frmed his former testimony as to the
presence of the two Grace boys in Green's
yard during the Skunk Hill fight. Wit
ness saw no one about to strike him
with a bat; saw the four boys smile
when he called on them for help; was
positive that Leonard Cash said he dared
not help because he knew the crowd.
Mr.. Richard johnson reaffirmed his
former testimony that the two Cashes
We're in the yard during the Skunk Hill
fight.
Mr.. John Fl. johnson was recalled and
IedllfIucu HIS IOrHler UeSClmOny.
Mr.. Granville Libby related the con-
versation which he had with Frank Grace
the next day after the fight. He told
Grace he thought the actions were out
rageous. Graced replied that if Fuller
ton had not stopped striking that fellow
over the head with the handouts, there
would have been funeral in Cape Eliza
beth. Frank Grace also told Conley, as
the latter was being taken off, that there
would be five at court the next morn
ing to help him out.
Mr.. William F. Chamberlain corrober-
ated Mr.. Libby's statement as to Frank
Grace's threat of funeral.
Constable Hayes heard Frank Grace
tell Conley, as the latter was being taken
off, that there would be five of us over
to the court to help you out to morrow
morning. Mr.. Fullerton corroborated
this statement.
George Grace being recalled said that
Mr.. johnson was not in the yard when
he was there and reiterated that his
brother Frank was not there.
Frank Grace denied ever hav;nr said