The Portland daily press., 1892-05-17


long. Since then he had been little
weak about the chest. Witness thought
Leonard was about twenty years old, but
had so many boys that he could not tell
positively. Leonard had worked at the
ice house, cutting ice, for month or six
weeks last winter.
DR.. Hutchins testified that two years
ago Leonard Cash had bad cough and
raised blood, and later
sys> Coughed Up the Oat,
which left his lung somewhat weak. The
witness had advised against his working
in the ice house, and should not advise
him to enter a fight requiring great exer-
ton. He thought the young mans lungs
were weak. On cross examination he
said he did not know as he thought harm
would have followed engaging in the
fight, but thought there would have been
liability.
DR.. Hutchins also knew VIM. Cash, Jr.,
and said he had nervous palpitation OF
the heart, having examined him April
30th. But ordinarily this does not neces-
sarily cause a man trouble. Cash's
trouble was not an organic trouble.
Leonard Cash
testified that he had a 'fbad lung
trouble" His lungs panied him about
all the time, and had to wear plasters, be
careful about lifting. Witness was 20
years old. He then told about the fight.
He was at the store and saw the consta-
BILE go after the fellows. He and two
others ran and walked to the scene of
the fight. He did the best he could to
quiet the fight by talking. He did not
know Burgess was a constable; and when
Burgess called 'sAid me-" nothing was
said about s'in the name of the State"
TO the request for aid he replied that he
dared not, as he was not able. He did
not encourage the roughs, but told them
that they had better stop as it would be
the worse for them. Witness denied
that he ever said to Burgess: II daresn't,
I know that crowd.'' When the drunken
fellows went towards Knightville wit
ness followed them as far as store. Then
went with a crowd to Pleasantdale. Had
dothing to do with the roughs. The
Graces were ahead. He went with fell
low named Stone. They found crowd
of a hundred or more men, boys and
women where Hayes and Fullerton were
having the fight. Neither called on him
for help. He never shouted out any en-
couragement to the roughs, was not
asked for assistance, did not see the
crowd rush about Ney and Fullerton or
say, 'Run.'' Witness was cautious
about getting into the fight, as he did
not want to get s'stove up." He tried to
help the officers by talking to the boys.
| On cross examination witness said he
worked i'll an ice house last winter push
ing and pulling ice with hook. Some
times went hunting, but was careful
about weather. Had used plasters on
his lungs for about two years, and took
one off about three weeks ago. When
Johnson's team went by the store with
Constable Bm CESS he and others started
after it. He followed because the other
boys did, running after the team, in spite
of his lung trouble. But he did not
know that Burgess was constable.
Witness admitted seeing William Cash
tell Fullerton not to strike Ney again.
After the roughs left GREEN'S house they
offered witness and his companions beer
to drink; but witness did not take any.
Wesley Cash, Aged Nineteen,
was called. Was at the store with Leon
ard and others on their way to meeting
at Browns Hill church. Went to the
fray at Skunk Hill. Saw Burgess fight
ing with the roughs. Heard no one call
for help and gave no help. Witness was
not used to fighting, and had never tried
to arrest any one. He tried to urge the
roughs not to assail Burgess, and when
the roughs pursued Burgess to the house
witness told them that if they did not
come away from the house it would 60
hard with them. Did not know that
Burgess was a constable and did not
know that he was trying to arrest the
roughs. When he told them to go off he
| did not think he was assisting them to
escape. Witness went to Pleasantdale
behind the roughs. Was at Fullerton's S
| house when the latter started out for the
second fray, and accompanied Fullerton,
but was not at battle No. when t.began.
When witness came up did not make or
! approve any cries OF encouragement made
to Ney.
Upon cross-examination witness denied
having ever aided the roughs by giving
them directions as to the road, or that he
understood that Burgess was a consta-
| BILE, or that an arrest was to be made.
He simply went with the crowd.
John E. Moody, who lives near Cash's
| Corner, was not at fight No. 1. He saw
Leonard Cash try to coax the roughs
away after Burgess had been driven into
the house. The roughs offered beer to
the crowd, among whom were the
| Cashes. Witness was not at fight No. 2.
He is cousin of the Cash boys.
George Washington Grace. 80
| of Cash's Corner, was not at the store
when the teams went by, but was at
tracted by the crowd. There were two
on Mr.. Burgess when he arrived, and a
big fellow was about to strike him with
a. bat The witness took the bat away.
The roughs were crazy drunk. Leonard
and Wesley Cash were trying to quiet the
roughs. Witness did not hear Burgess
cry for aid. After fight number one was
over, witness remained in the yard pick
ing up hats and coats. Did not follow
the team of roughs. Started for church
later, but saw fight number coming ON
at Pleasantdale, and went to it. At that
fight assisted the officer, and in so doing
earned the condemnation of Patrick Con-
ley, who threatened him for so doing.
Witness heard no one encourage Ney;
heard William Cash tell Fullerton not to