The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1894-11-21
CHASE VS.. BABcocK.
The Assault Case Tried Yesterday Before
Judge Elder in Deering-The Case for
Alienation of Mrs. Chase's Affections to

Come Up Later in the Supreme Court.
| In the Deering municipal court before
Judge Elder, yesterday forenoon, was
| tried tine case of VIM. A. Chase VS.. Chas.
P. Babcock, the machinst. This is
| case for assault. Charles Dunn. Jr., APP
| peared for Babcock, and Joseph B. Reed
| for Chase.
Joseph B. Reed, ESQ.,. opened the case
for Mr.. Chase, saying that the plaintiff
| is poor man working for Mr.. Owen, who
| will appear here. On July the defen-
dant came to the place where the plain
tiff was at work and began TRADE of
shameful abuse, shaking his fist in the
plaintiffs face, threatening to grind him
to powder and ending by violently
kicking him. This belonged to other
than the common grade Of assault. wher
there are mutual transgressions. Here
was the case of an innocent man pounced
upon without any provocation whatever.
Not only ordinary. but punitory damages
should be given.
Mr.. Wm.A A. Chase, the plaintiff and a
printer for Owen, Strout & Co., was the
first witness. On July 7th he was living
at No. SO North street with his family.
Mr.. Charles P. Babcock lived in the upper
tenement of this number. Witness then
related how Charles P. Babcock had
come into the press room of the Tucker
Printing House, and there violently
abused him. This abuse had been fol-
lowed up by kick in the side, after
which Babcock threatened to "annihilate
him, and throw him out of the window,
and not leave enough for the crows to
pick.n Babcock was in the room abus-
ing him about an hour. The kick was
very painful. Witness said that he had
never threatened Babcock but had writ
ten him letter.
Mr.. Charles A. Tracy, Of Portland.
compos:tor for the Tucker Printing Com.
pany, confirmed the plaintiffs testi-
mony, adding that Babcock said he
wouldn't leave enough of Chase for the
latter to curl his hair.
Mr.. G. H. Owen, president of the Tuck
er Printing Co., was in the establishment
at the time of the affair. Although it
interfered with the work. witness al
lowed it to so ON because both parties
were we'll known. Mr.. Baboock was
bright man. and in several particulars
the scene was entertaining. Mr.. Chase
was. previous to the assault, the best
man ever in thelr, press room; but since
L, Sc 10 20 bonak hQ had hQan
getting SO nervous that witness knew
something would have to be done.
Charles Dunn, Jr., attorney for Mr..
Babcock. said that the defendant did
not deny that an assault had been come
mitted, but on the matter of damages he
should contend that the injury was
small. The plaintiff had brought suit
in the Deering court because it could
award him larger damages than could.be
awarded IN the Portland Municipal
Court. But the plaintiff had not been
hurt badly enough to need physician,
and his injuries could not have been very
severe.
Mr.. Reed, in arguing the case for the
plaintiff, called for exemplary damages,
such as had been awarded in the famous
case of Goddard VS.. Grand Trunk rail-
way. The attorney for the defendant
had dwelt upon the fact that Judge God
dard had been much terrified by the as
sault ON the railroad. But anyone who
had known old Judge Goddard might
form an opinion as to whether Judge
Goddard was not as capable of sustaining
an assault as Mr.. Chase. Judge Goddard
got 10, 900 damages; no such sum was
asked for Mr.. Chase, but exemplary dam
ages were demanded.
Judge Elder said he thought the case
should have been settled out of court.
1t was not the right thing to go into a
mans place of business and assault him;
but still it was difficult to see just the
seriousness of the physical injury. On
the whole he would take time to con-
slider the matter and give decision next
Tuesday. The suit of Mr.. Chase against
Mr.. Babcock, charging him with the
alienation of Mrs. Chase's affections, Will
probably be entered in the Superior
Court later. Dennis Meaher will appear
for Chase and Judge Symonds for Bah
cock.