Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1894-04-19
SUPREME JUDICIAL COURT.
Grand Jury Returns Forty Indictments
That Bucksport Case.
William p. whitehouse. justice presiding.
John +. knowltou. clerk.
James W. Patterson, sheriff
Lewis F. Hooper. crier,
}. 4. Estes, stenographer.
Fred SWEET, messenger

J. 4, Estes, stenographer.
Fred SWEET, messenger.
The case Of the BurriIl National Bank
against b. +. Tracy, was begun last Wedne,-
| day. This action brought BY the
bank to recover the amount OF note on which
Mr.. Tracy wss the endorser. The defense
claims that be was not notified IN time. y, by
some error of the bsnk clerk the note Wa, en-
| tered a due March l1-l4 when really II came
due February liza. The bank gave notice
that the note was due In March. and a. the
maker OF the note was not at home be did not
receive the notice. The trial resulted IN dis
agreement Of the jury. Redman for plaintiff ;
defendant who Is a lawyer, conducted his own
case.
There were no trials on Thursday.
On Friday the case OF Martin ys. Clement
was called. Thi- is sn action to determine
a land boundary. Mrs, Martin claiming as her.
certain land nj Seal Cove which the defen-
daEt supposed was his. The case was not
concluded until Monday, Verdict for the
defendant.
Dessy and Wood for plaintiff; Peters for de-
PENDANT.
ON Saturday morning the grand Jury rose
and reported forty indictments as follows
Twen,y-nine for liquor selling, three for ms
licious mischief. two for assault and battery.
three for larceny, one for burglary, one for
forgery and one for cruelty to animals.
A divorce for utter desertion was decreed In
the case OF Persis NJ. Leach v. Burlie II.
Leach. Fellows for lIbellant.
The courtroom wss crowded Tuesday after.
noon to hear the beginning Of the evidence in
the celebrated assault and battery case Of Fred
Gem against Captain Thomas Nicholson. both
OF Buckspori.
This csse hiss caused considerable interest
here a. well a. in Buck>port where the alleged
assault was committed on the night OF Novem-
Der "A ON that night tie defendant In the
I. alleged to have assaulted Mr. GEM.
who claims to have received some injurie. at
the hsnds Of his as>ailant, and that they both
cred him for some time afterwards.
The attorneys in the are o. r FelloS-
OF Bueksport for psintlf, sud +. II. Gil,su OF
Bangor and Hon. II. L. Hamlin OF Ellsworth
for the defendants.
The plaintiff took the stand aud told hi.
story OF the assault. II. said be VS., attacked
and thrown down upon the street ca that
night At quite late hour. Thi- VS., The sum
OF bis story 10 the direct examination.
In the cros--examination by Mr. Gi.len the
wtues. said that during The afternoon o! thAt
day Captain Nicholson entered h!, store 10
what be believed to be a somewhat cNcitihir
condition. Witness did not Acco.t him. how
ever, but on the same night. while On tAe
street, met him and said: Good evening.
Tom or words 10 that eject,
MIR. GEM said that before the assault be had
had no bard feeling, against Nicholson. but
admitted that he had struck him On the head
with hammer on ) previous occasion some
years ago.
Mr.. Gillen followed the cros~-examm4,ion
vehemeptly at thi- poiu', asking how many
times be struck him, but Fellow, objected suA
the Judge decided that i, had no bearing on The
pres Mt case
Gem said that during hi illness after the
assault the physician probably attended him
i've or six times; lays thst hi Aesijh j. uo.s
good. The next witness called io 'bs stand
was Eva J. Avery who lives near by the place
where the assault (, alleged to have been com
miited.
Nrs. Avery testified that on that night;
she heard the cry Of "help" se,orA! times. sna
rushed from the Kitchen where >hy was al
work, and out upon the waik. There she saw
Capt. Nicholson. who hal Gem down. with
hi. knees upon his chest ami ci1iehiug his
throat with one hand, while he pummeled his
head and face With the other. She toId Mich
olson to stop, and he did, getting az II the
same time.
When cross-questoned witness aid he
could see T. blood on Gems face snd tbat
the only scar, which was on his nose, wa uo,
more thsa half 40 incb long.
William Tilock was next called AMI te,il-
fed that at the time he Wa. in his stable and
heard the noise produced by the principals In
the case.
lie went out TO see What the trouble was and
al the time Gem wa looking for hl, hat.
This took place on Mechanic street.
Albert VI. Bridges next took the stand He
testified that he Wa. 10 bed al the time and
heard someone mumbling. ana recognized the
voice that Of Captain Nicholson.
Charles Brown then testified ms, that after
noon he Nicholson in GEM, store.
Thought that he was somewhat under the
influence Of liquor The testimony OF Thom,,
II. Parker wa 10 the same effect.
Denni. Il. Buckley testified that be saw
Nicholson that day and that he thought he h4d
been drinking.
Wednesday forenoon the following wltnes>e,
testified Capt. Nicholson, the defendant, and
viii Mooney, Chas. Mooney. Ell. l.. Beazley,
Chas CAhoon Jas NJ GRAY