Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-04-22
SUPERIOR COURT,
April Term, 1897, Judge Oliver G. Hall
Presiding.
w. s. CHoATE, Clerk.
G. w. HEsELroN, County Attorney.
A. l.. MCFADDEN, Sheriff.
+. A. SMALL, Stenographer.

bert Hodges professionally, March - and
made an examination of him, and also
of the cut in the face. He testified that
his mental condition at that time would
be a natural outgrowth of the broker arm
and the other injuries he is said to have
received. on the afternoon of Feb s. He
also testified that in his opinion the
wound on the face was made with a
sharp, cutting instrument.
Thls concluded the testimony on the
part of the government and Mr.. Brown
opened for the defence.
Sidney K. Fuller. called by the defend
ant. testlIied that he and Maddocks started
with load of elm logs to go to the James
mill on the afternoon of Feb. S, and with
them on me load went his little boy and
wife as far as her fathers. Il short DIS
lance beyond Albert Hodges house. He
testified that as they were passing the
Hodges place Hodges was in his stable
door on the north side and as they got
past far enough TO be seen by him. he
heard Albert Hodges say: why don't
you give me Cd d-g, the same as
you did the other day when ] met you?'
Fuller replied: Because | don't want to-
II is not but you need it l said no man.
but Hodges called me very bad names
and used rough language. He called my
wife hard names. Nobody replied to him.
drove along to my wife's fathers where
aroused two outbursts from the galleries.
my wife and hoy stopped and we went
on with the team until we came to IA bare
spot in the road of about 10 rods in length
Maddoeks having shovel over his
shoulder. As my team reached the snow
again ! stopped it and looked round and
Hodges was perhaps within two rods of
me, up in his sleigh. striking at Mad
docks with a club. and Maddocks was
trying TO fend off the blows with the
shovel. He struck a few blows and then
swung his horse round and tried to drive
over Maddocks, striking the horse with
the club.and Maddocks grabbed the hors.
by the head to prevent being run over,
and set him back in the breeching
That was the last | saw, for my team
ran away and I ran after them and
caught them beyond the mill Maddocks
came up with me and we went back to
the mill with the team, and soon after
that Albert Hodges came along and
seemed to he good deal rolled up. Heard
him ask james for protection by the mill
and James got into the sleigh with him
When he spoke about protection. Mad
docks spoke up and said: Mr. Hodges
If you don't them" and upon that Hodges
commenced on him and says: You id
dirty, sinking puppy. | don't want you
to speak 10 me You are a son of a
b-h,'' and he used a lots of other Ian
suage that can't remember: but he KEEP,
1t up until he got clear past my sled !
saw Maddocks hit him during his talk.
| did NOT see that Maddocks had any
thing in his hand. Saw afterwards that
Mad,locks had some skin knocked from
his thumb. | know Maddocks did not
have any instrument in his hand. | was
within or feet of him when | saw him
strike.
On cross examination. witness testified
that before that day he had had some
trouble with Hodges. but had not sworn
at him Did not hear Maddocks at the
mill threaten to knock Hodges head off
if he did not keep still. Saw Maddox
take his glove eff after Hodges had
passed in his sleigh and follow the sleigh
and swing his hand round Hodges face
Ira Getchell of Winslow. was called by
the defendant and explained plans he hai
made of the road and buildings from
Fl edges place to the mill.
Walter Maddocks, the respondent testi-
fled that he was born in East Eddington.
near Bangor, and was "a years old; that
he came to this county four years ago
and for two years had been ut work with |
Sidney Fuller in the milk business. He |
corroborated the testimony of Fuller as
to what occurred when they passed |
Hodges place on the afternoon in ques- |
ton and stated that. when the, team
reached the bare place in the road he and |
Fuller got off and walked Fuller ahead |
and witness having over his shoulder a
shovel His attention was first attracted |
by team behind him and he turned and |
Hodges was right by his side standing up |
IN his sleigh swing a club at him. He |
turned round and put the shovel up and
Hodges struck him one or twice. once on
back of the hand. he defended |
himself the best he could. Then |
Hodges swung his horse around onto him |
md witness grabbed the horse by the |
read and Hodges then struck the horse
hree or four times with the club. Wit
less set the horse back and broke the
,reeching strap. Hodges stepped out of |
'he sleigh to life the sleigh out of the |
mud to turn it and got back again. and
witness let go of the horse and Hodges |
Irove toward home and witness went on |
o the mill. Witness said he hit Hodges |
With the shovel while defending him
elf. When he and Fuller had got their
Iorses back to the mill past which they
lad run, Hodges drove up and asked for
protection past the mill. He said;
Have | Il right to the highway here? |
would like to have protection by here:
hese men have attacked me-" and James |
aid: Il guess nobody will hurt you. You
an so by
says: Yes, Mr.. Hodges, you can go
Y. Nobody will harm you if you don't
rouble them" And at that he com
lenced to call me names and says: Il
ont want you to speak to me. you dirty
uppy." and other names, and kept it up
ntil he got by. He called me a son of |
h. and of course | was pretty well
TIRED up, pretty well up to fever heat |
was mad. | had on my gloves. and |
,ok one off and struck Mr.. Hodges in the
ice. | had nothing in my hand. | struck |
i'm because | was mad. ! didn't think
hat | was doing until after had struck
/
ad used toward me. James then told |
lodges that he had better go along. |
ID not say | could pay for what l had
one.
On cross examination. among other
lings. witness testified that he had had
'me trouble previously with Hodges.
Mrs. Fuller, the wife of Sidney Fuller.
stiiied that she rode on the team with
r husband as far as her fathers house {
I'd she corroborated the testimony on
e part of the defence as to what took ]
ace as they passed Hodges stable. She 7
so testified that after her husband had
ivep on with his team she saw Hodges I
living in the same direction. and i'm \
ediately went to a window from which
q saw the meeting in the road between s
addoc<s and Hodges. and saw Hodges
wing to strike Maddocks with IA club
d Maddocks defending himself with the n
ovel, and finally saw Hodges strike his
rise and the other man take the animal
the head. when Hodges got out of the
Ugh. turned it around and drove back
me.
Mr.. Brown offered the testimony of sew !
nj witnesses to show that Mr.. Hodges
$ the reputation of being n quarre,-
me, turbulent man in his community