Daily Kennebec journal., 1895-09-02
BELllGERENT SOLDIER BOY
Bound Over Tor Grand Jury, ior Recent Dis.
turbance at Brunswick.

Brunswick, Sept. l-Olficers of the
State militia were here all day, yesterday,
investigating the disturbance at Bruins
wick depot, Aug. 16, on the return of the
/ troops from muster
Sergt. Bailey of Company d of Lewis
ton, was charged with assault upon VIII
bur +. Reynolds, assistant at Woodbury. S
restaurant Out of this had grown quite
disturbance in which several people were
involved. Frank L. Noble of Lewiston
defended Bailey, Richard Webb of Port
land, appearing for the State
Probable cause was found and Bailey
was bound over to the superior court at
Portland, under 1900 bonds Col. George
A. Philbrook and Lieut. 5. p. Bumpus are
his bondsmen
Corporal l.. f. Polk of Lewiston testi
fled: | ate one piece of pie and ono san
sage. The waiter claimed that had eaten
two sausages and passed back change for
that amount. Thereupon took piece
of pie and laid five cents more upon the
counter, saying that just balances Then
Woodbury. seized me and assaulted me. 7
paid him 10 cents more in the back room
after he had choked me, not because owed
him anything, but because l wanted to get
ont.
The witness went into the details of the
assault, but nothing vitally was developed.
Dallas M. Bailey, Co. d testified that
Woodbury. ordered him out when he at
tempted to secure Polk's release. Il used
my tayonet to protect myself. saying,
I'm run the first man through who
touches me" When Polk was carried IN
to the next room l shouted, They have
one Of our men in there on the floor and
I'm going in.
But when I tried to pass Reynolds
struck me in the left eye I was ttcn
somewhat dazed and threw the tumbler
and we cliuched.'
Cross-examincd-My gun was taken
from me by railroad man. Then ]
drew my bayonet. was somewhat
frightened when / saw the man with the
axe, for didn't know what they were 90
ing to do to me.
W. J. Carver Co. b, described the row
as he saw it. The gun was taken away
from Bailey by the men when the trouble
commenced. Then Bailey drew his bayo.
net and lifted his arm, saying. The first
man who lays his hand on me. III srike
him with this Then Albert LeBrun of
Lewiston, said to him, Bailey, put that
up He did so.
Il saw Woodbury. kneelng on PoIk's
breast and saw him strike the soldier three
times in the eye. Later one of our men
said to Woodbury., Let the man up. he
will pay
Albert b. Lebrun of Lewiston. who
was in the restaurant after q lunch. de-
scribed how the trouble originated. He
said that Bailey did not strike any one
with his bayonet merely lifting it over
his head.
Sergt. George Garcelon of Auburn. said
he saw Reynolds strike Bailey before the
tumbler was thrown. He testified as to |
the bruises on Bailey's face
Other witnesses, ". j. Mahoney, An |
drew Belivcau and W. 3 Kicker of Co. |
ID. testified in the same lines, with but |
little variation, as to the various details |
of the affair.
Col. George A. Philbrook of the I'd |
Regiment, said that he saw Bailey on
Tuesday following the affair and noted
bruises
II have investigated the matter as fully
as possible, interviewing both sides"
Here the defence rested. At noon court
adjourned, reasscmbling at p. NJ, for
arguments. Mr.. Noble succinctly pre-
Sented the evidence and argued that what
ever assault Bailey committed was in
pursuance of his duties as ranking officer
and in self defence. County Attorney
Webb followed
Judge Plummer at the close of the trial
ut 315, ordered Sergeant Bailey to be
bound over in the sum of $500, to appear
1t the next term of court The bonds
men are Col G. a. Philbrook and Lieut..
Il Z. Bumpus.
Corporal Polk, who after all appears
rom the testimony to have suffered the
1nly pronounced assault, without Offering
violence in return, has sworn out com
)laint, charging Mr. Woodbury. with as
'ault and the case will be tried very soon.
The evidence will of course be much the
same as that produced in this trial
Mr. Woodbury. declares that Polk lies
when ne says that he ate but one sausage
md that as matter of fact, he ate two {
md cndeavored to get out of paying for
me of them 1t seems to have been sd-
nitted that the plates upon the lunch
counter usually contain but three sans
'ges, and that after Corporal Polk had
inisbcd his repast two sausages still re- 1
aiHoN i'' 'ho plaOe peiore MN. LII ne
lad contemplated the purloining Of I
ausage, 1t is urged as somew hat c
insuiar thing that he should have handed |
he clerk half dollar. 1t is said that {
ldJutant General Connor and other
officers, who have Investigated q
he matter, are convinced that Polk was |
ssaulted without cause, and propose to e
ave him vigorous backing. $