The Portland daily press., 1897-10-11
IN THE POLICE COURT.
MIR. Monynihan's Difficulties Settled.

The time of the Municipal Court on
Saturday morning was occupied with a
rehearsal of the difficulties between Mr..
jeremiah Monynihan, of Vesper street,
and his neighbor, Mr.. Everett H. Berry.
Mr.. Monynihan had torn board off the
line fence under peculiar circumstances,
| and he was arraigned on charges of malic-
ious mischief and intoxication. Dennis
Meaher, Esq. appeared as his counsel.
Everett H. Berry, of 10 Vesper street,
testified that he owned the place where
he lived. When he returned on October
18th he found the top of his line fence
torn of, as if by an axe or a crowbar.
Mr.. Monynihan had told him to saw the
fence down. Witness paid no attention
to it, and Monynihan had profanely
threatened to tear it down himself. Wit
ness said that there was no dispute as tc
the line Witness had built the fence
after tearing down shed. Monynihan
had not complained at the time. When
fhe did complain he was drunk. Witness
thought that Monynihan had not drawn
sober breath for three weeks.
When cross examined witness was asked
if he had not had trouble with Monynt-
han for some time. ~ would defy an
angel from Heaven to get along with him
without trouble said Mr.. Berry fer
vently.
Mrs. Berry testified to seeing Mr..
Monynihans tearing down the fence with
crowbar, an IKE and a hammer. MR..
Berry demonstrated, but she says he called
her a - squaw and kept on tearing at
the fence. He took off only the top board.
This fell into the Berry yard.
Thomas Barry, who lived In Monyni-
han s house at the time saw the attack
on the fence and described it. Monyni-
han was drunk at the time.
Mr. Monynihan took the stand in his
own behalf He said he might have been
taking little drink on October z, but
was not drunk. 1t was very unusual
thing for him to make trouble. He lives
at home with his daughter and wife. Mr..
Berry lives next to him. The fence was
built 25 years before Mr.. Berry ever
came. One portion of the fence built by
Mr.. Berry several years ago was well
enough but later he had built another
portion of the fence that was objection
ably high. Also along the other part of
the fence he had put up "white-
washed, mortar stained, despicable
board" This witness had taken it off, and
that was all he had done. Witness said
there had been bad feeling between them
ever since Mr.. Berry moved into the
neighborhood.
Questioned by Judge Robinson the wit.
ness said he probably did not use Every
polite words" when Mrs. Berry remon-
strated. He was excited, and probably
was affected by drink or two.
Miss Lizzie Ann Monynihan said her
father was sober on that day. The taking
off of the board occurred about 5 p. m.
Mr.. Monynihan had set the time as
earlier. Miss Monynihan said the Berry
children were all the time throwing rub
bish into their yard, andsthey. had broken
the front door. Miss Monynihan showed
a piece of the front door which had been
knocked off by them.
Judge Robinson found Monynihan
guilty of intoxication and fined shim So
and costs, also of malicious mischief and
fined him IS and costs. Altogether it cost
him S16.4.
Nellie O'Brien, for intoxication, ssgot 80
days in the city house of correction.