Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1895-10-31

City and County.
SUPREME JUDICIAL COURT.
October Term. Hon. W. p. Whitehouse. Pre-.
siding.
SUPREME JUDICIAL COURT.

Ford VS.. Stewart. In this case q verdict
was returned in favor of the defendant.
Luther 6. Bunker VS. Charles Fl. Mel
son. W, L. Haines for plaintiff. z. Z. Webb
for defendant. This is an action for as
sault and battery with loaded pistol up
on the plaintiff on the 7th of June last, il
the city of Waterville, and the damage
claimed is SO, 600
DIR. Bunker, the plaintiff, was the first
witness, and he testified substantially al
in September, when a report of the testi
mony was published. A little past moor
on June Z, the plaintiff and defendant
met and defendant commenced by throw
ing his leg up past the plaintiffs head, in
playful manner, finally resulting in q
cllnch, both going to the ground. From
this time the plaintiff testified that ht
tried TO get away from the defendant, but
defendant, who had become angry, fol
lowed him UP in a fighting attitude, and
plaintiff was obliged to strike him -four
different times, knocking him down twice,
and finally escaping to his office; that In
about 10 or 20 minutes Nelson appeared in
the front office and defendant thought he
had come to apologize for his Behaviour,
and he stepped in from the private office
to meet him. that the defendant there
upon drew a reovlver from his pocket,
leveled it at plaintiffs head and said
Damn you, | am going to shoot you
The plaintiff Immediately stepped back
into his private room and attempted to
close the door, but Nelson was too quick
and with his weight forced open the door,
came in, took one side Of the room and
the plaintiff the other, the revolver still
pointed at plaintiff and defendant
threatening TO shoot him, calling him all
the vile names he could think of; that af-
ter the crowd began to collect at the door,
Nelson commenced to talk about an
apology from plaintiff, aud threatening TO
shoot him if he didn't apologize, and
threatening to shoot these at the door who
sought TO interfere; that he was kept in
this condition about - minutes and that
he was in great fear and expected the de
PENDANT would shoot him; that he came
near fainting at the time, only saving
himself by clurching the casing of Il door
Dues. you know at the time Mel
son was striking at You in the street. his
temperament and disposition as to fight
ing?
This question was objected to, and al
mItted on the question of the force neces-
sary to be used by plaintiff in the street to
repel the assaults of Nelson.
A Il know his temperament was
quarrelsomc and abusive.
Gas result of this what indignities
have you been subjected to?
T & II 4 4
as well leave Waterville as to stay there
Q.-Wbether or not you afterward saw
your picture served up in the Police News
rs a pugilist? Collected to and excluded. }
On cross examination the doctor testi-
fed among other things as follows
Ole stated if you didn't apologize to
him he would shoot you? Ayes, sir
Q.-Why didn'5 you APOLOGIZE A
What was going to apologize for?
Q--I am asking you and want your
answer. Ais there any evidence show-
ing had anything to apologize for?
Q-I am asking you and will take
your answer. Why didn't you apologize
TO him? Al had nothing to apologize
for could not IL had wanted to.
Q.-Why not? Al couldn't have
done such thing as to frame a sentence
to apologize TO man that has used me as
he had, If had attempted to
Q-What did you think be meant when
he asked for an apology? Al suppose
he meant for me to say that | was sorry
had licked him on the street.
Q-And you made up your mind you
wouldn' t do 1t Al made up my mind
| didn't have it to do, and that l would
not
Q-You told him distinctly you would
not? A-Yes, sir. knew I had knocked
him down and also that it was not his
fault that he hadn' struck me.
Odd you believe your life was in
danger? Al did. believed that when
ho first appeared there, and believed it I'M
til the marshal came. Believed he would
be likely to shoot at any time.
Odd you believe that if you apollo
gized to him he would go away and leave
you. as he said? A.--No, I didn t believe
any such thing. 1 don't think he had
principle enough to go away. If had got
down on my knees and begged of him, /
think he probably would have kicked me
round over the room, after he got me
where he could
O-You believed yen would be shot,
and you took that chance rather than to
make any apology? Al would rather
have been shot than to make an apology
under those circumstances. l never would
have looked anybody in the face again that
saw me make such au apology. l did not
think any apology due to the man who
had attacked me on the street and insulted
and injured me as he bad. To begin with.
| considered it an insult to be seen, or
known to have been, in street quarrel
with him.
Citizen why didn't you get ont of the
way in the beginning of it? Al did as
quick as / could.
s II. Chase testified to the encounter on
Silver street, substantially that plaintiff
was trying oil the time TO get away, and
Nelson was following him Up and received
several blows from the doctor
DR.. G. w. Abbott was called ont OF turn
nv the defendant, u enable him TO go
away. and he testified to the bruises upon
Nelson when he saw him in the lockup
short time after his arrest. He testified
he had severe scalp wound ON the head,
in addition TO one on his arm and several
aboHt his face; that Nelson appeared
,Jazei and hewildered, be thought coming
from conclusion of the brain; saw ne IA
aication of his having been drinking; dld
not smell liquor about him.