Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1895-11-01
SUPREME JUDICIAL COURT.
October Term. Hon. W. P. Whitehouse. Pre-.
siding

sumed, this morning Mr.. Haines an
nouncing that he had rested his case.
Mr.. Webb opened for the defence. He
admitted that the plaintiff was entitled tc
a verdict for some damage, but claimed
| that his client was intoxicated and this In
connection with the blow upon his head,
received AS appeared by testimony already
in, by striking it o. the sidewalk. crazed
him to the extent that he knew not what
he was about, and therefore punatlye or
exemplary damages could not be allowed.
If the revolver were out of the case he
would ask for a clean verdict for his client.
He claimed that the plaintiff could have
relieved himself of his peril in the office,
if he was in any, by the concession of an
apology to Nelson, who was, as he had
been characterized by some of the plain
| tiff rs witnesses, a mailman: that it was
| his duty thus to relieve himself, under the
! circumstances.
| o. p. Richardson was the first witness
called for the defendant. He went over the
| street encounter, testifying that he thought
Nelson was partially intoxicated.
DR.. j. +. Hill testified that he saw de-
PENDANT in the police court about O'Clock,
and examined his injuries, which he
| described. Nelson appeared in a be-
wildered condition. Heard Dr. Bunker,
about o'clock on the street, giving an
account of the occurrence, and he then
said that the first thing Nelson said when
he came in was to ask for an apology,
which he refused to give, and then Nelson
said he would shoot him; that he had no
will no MI
ing to drop the matter right there. The
doctor was then talking with Spaulding,
reporter
On cross examination the witness said
he did not hear the whole of the converse
ton or what came before the language he
had testified to.
Thomas W. Scribner testified to seeing
part of the street encounter, and was
also up in the Office and saw plaintiff in
a closet with the door party open and
Nelson on the other side of room. Nelson
said the doctor had got to apologize. Did
not see Nelson have Il pistol at first, not
until after George Healey came up. Saw
Nelson walk before the street encounter
and he walked all right.
Charles W. Moore also testified to the
street encounter, and that Nelson had
been drinking; that he followed up into
the Office and saw the occurrences there,
Nelson with q revolver, demanding all
apology, and threatening to shoot if he
didn't get an apology. Stood in the door
and talked with Nelson and tried to get
him to quit and come away. Nelson said
Charles, will shoot you If you come
in This remark witness claimed was
addressed to him, though Pillsbury, who
stood near, replied, 1.-The h-ll you will. -
Witness said to Nelson: Cant you fix
this thing up? This is bad egg" Mel
son said: d" Yes, all ask is an apology and
1 will drop it,
Charles Vigue testified to the trouble in
the street, and on cross examination said
he thought plaintiff used no moro force
than necessary to defend himself.
Fl. r. Penney also testified to the street
trouble, and that many in the crowd
shouted: "Let them alone. Let him kill
him." Others were for interfering and
Bunker was saying Take him away"
Alav Fl. Bragg testified to the street en-
counter and that he interfered because
Nelson had had enough, and that he asked
Nelson If he was crazy or what was the
matter with him. Nelson replied, "That's
all right Afterward saw Nelson on
Main street, inquiring for Bunker's office,
and witness told him where it was. Mel
son went in that direction and witness
followed, and there were but two or three
there when he got up there. Saw Nelson
but did not see Bunker, who was in a
closet or another room with a door be
tween him and Nelson. Witness talked
with Nelson and repeated his question
whether he was crazy or drunk. Nelson
demanded an apology. Did not sec the
doctors face. Nelson had a pistol
c. A. Harrington testified that he went
and saw Nelson in the lookup, and
described his wounds as he saw them.
Fixed him up. Nelson said he couldn't
remember anything that had taken place.
He had been drinking and staggered and
did not appear natural, and one could
smell the liquor. He asked about bonds
so as to be released from arrest,
W. d. Spaulding, a reporter for the
Lewiston journal, testified that he saw
Bunker after the occurrence and inter
viewed him. and he then said that when
Nelson first came to the office he de
manded an apology, and that he Bunker
was willing to drop the matter where it
was.
H. r. Durham also testified to the in
terview with Bunker related by Spauld
ing.
W. Fl. Marstin and Mrs. W. H. Marstin,
employed at the City hotel, testified that
on the day in question at dinner time,
they saw Nelson and he was intoxicated.
David Vigue testified to the encounter in
the street and detailed particulars of the
arrest in the office, in which he assisted.
Sumner Rowe testified that he saw Mel
son just before dinner on the day in ques
ton and he was intoxicated; also saw
part of the street affair.
Charles H. Nelson testified that he ate
no breakfast on the morning in question,
and was about his business during the
forenoon, taking some liquor, which had
an evil effect upon him, different from
that expected, on account of not having
taken breakfast; but did not think this
would have caused any trouble If he had
had no other mishaps He detailed the
meeting with Bunker and what occurred,
at first a friendly scuflle Received blow
from Bunker from which be lost his
memory, and could not recollect anything
that trsnspired from that time until he
found himself in the lookup.
The defendant rested his case here and