Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1894-10-02
SOkEaStT COURT.
Septe mber Term-Jadse Charles W. Walton
Presiding.

SKowHEGAS, Oct. I.
Benjsmin F. Baker VS.. Joseph Z. Buker
action for damages for personal injuries.
The defendant was srraigned in the sum-
mer of this year on criminal process for
the same assault and the hearing attracted
great deal of of interest, the plaiutitf be-
ing a wealthy man and the defendant
well-to-do farmer. The present action is
evil suit for damages for the same assault.
Plaintiff claims tha. defendants cows
were allowed TO feed by the siie of the
road adjoining plaintiffs fields; thst de-
fendant vas asked several times TO have his
COWS driven along without feeding; that on
the moruing in question defendants son al
lowed the cows 10 feed beside the road !;
that the defendant came along and plsintif
spoke to him about the cows, and the hereupcn n
defendant got out of his hay rack, and
without warning, struck plaintiff fearful
blow, hitting him in the lace, breaking the
skin, crushing the bone of the nose and
cutting an artery; that the blow made him
unconscious for short time, and had
caused him considerable pain and suffering.
The scar left from the injury was shown to
the jury during the progress of the trial.
Cross-exs mined, plaintiff denied having
previously made threats against defendant,
and denied msking any hostile denonsrrs
TORS on the morrarg of the alleged assault.
DIR. l.. A. D4scomb testified as to the
vxtent of the injury. The skin was broken,
tie left frontal bone displaced. The scar
now remaining is at the point where the
lacerated wound was.
Mrs Mitchell testified: Lived near the
scene of assault; saw the parties talking;
heard Buker call Baker hard names; heard
The blow when defendant struck plaintiff.
Mrs. Mitchell's son and Oliver B. Porter
corroborated the testimony of Mrs. Mitch
ell. Mr.. Porter, cross-e examined, testified
he had not seen the cows feeding on Bakers
land that Mr.. Buker came along about 10
minutes after Percy Buker had gone along
with the cows onthat morning.
Defendant admits having struck plaintiff,
but claims that he was stopped by plaintiff
on the morning in question and complained
bout the cows feeding aud threatened to
bring suit and asked defendant what he
thought about ii that defendant told plsin-
tiff he thought he was the smallest, meanest
man in town; that plaintiff said he would
not take that talk from any man and that
that thereupon defendant got out of his
cart and seeing that plaintiff made motion
as if to draw pistol or something from his
hip pocket, he sterped along quickly and
struck him once; that plaintiff said
settled it.
Benjamin F. Baker VS.. Joseph f. BulSer,
verdict for plaintiff 500. The following
divorces were granted: Nellie c. Miller
from George W. Miller for desertion;
Emily II. Phelps from John g. Phelps for
ruel and abusive treatment and refusal TO
support; Frank f. Spauding from jean
nette II. Spaulding for adultery; Ida NJ.
Cassidy from VIM. Cassidy for cruel and
abusive treatment. refusal to support and
,dultery, care and custody of minor child
lecreed 10 libelant; Dana Bean from Elsie
Bean for cruel and abusive treatment and
ldultery, care and custody of minor
children decreed to the father.
State VS.. Remick. Conplaiut for viola
ion of fish and game law Mol pressed on
payment of costs, $40.
State vs. L. w. Weston. Smoke nuis-
nee. Respondent pleaded guilty and case
Vas continued TO December term, then TO
1e mol pressed on payment of costs if
,ounty attorney is then satisfied that the
Iusance is stopped and viii not be re-
newed.
In the train wrecking case the defen-
lants have filed motion for new trial.
The plaintiffs have filed demurrer to
DEFENDANTS answer in Cairns Ct ale. scire
facias vs.. Chas. z. Whittemore. Demur
rer oyerruled; plaintiffs except.