Daily Kennebec journal., 1897-04-21
SUPERIOR COURT.
Continued from page ~

because he hit him on the teeth | guess.
A piece of skin was knocked OF his fists
understood Maddocks to say right after
he struck him: II might just as well pay
$l50 as a $780," Hodges said they had
beaten him with shovel below there and
he thought they had broken his NJ arm be-
Louis LeBranch, called by the govern
Live in Winsiow and was at James mill
all the parties come up. Hodges came
in q team or 10 minutes after Maddocks
came. Maddocks did not appear excited.
Hodges asked Mr.. James for right to go
by. Did not know then there had been.
any trouble between them. Maddocks
said he had no objections to his going by.
He says: You can go by. Mr. Hodges;
is ali clear" Hodges says: Il don't want
you to speak to me you dirty cuss; l don't
you to speak to me at ALL" That was the
first l knew there had been any trouble
between them. James got into the s:eigh
and he drove along, but Hodges kept sing
ing out right along. Did not hear Mad
docks say anything. Did not hear him
head on But after Hodges had got by
little piece 1 saw Maddocks start for him.
Hodges was talking all the time ne
caught up Pretty qqsk after in ne tbs
because ] saw blood fly when he struck
and saw that his lip was cut. The horse
started UP and James got out and tod
him to drive along, and he strated right
Off
On cross examination he testified that
Hodges called Maddocks son of b--h
and kept it up until he wash was MT. It ,,o,
Albert L. Plummer, residing IN Benton
testified that he was at the mill on the
afternoon of the affair and saw the team
when it came up, and also fuiler. Dlu
him soon after. Did not see Maddocks
have anything in his hand Saw no
shovel there. Heard Hodges ask James
to come to him, and he went. Then
Hodges said: II want to know II you
will protect me by your mill. | have been
pounded over the head with shovel ana
/ think have a right to travel the high /;
way unmolested." Did not hear Mad ,
docks say anything at that time James
got into the sleigh and they started down
by the mill. While they were passing by i,
the mill brow there was loud and vigor-
GUS language used by more than one OF ,
the men. l could recognize Hodges by .
his voice. could not recognize the voice |
of the other and don't know who it was.
1 paid no attention to what was said until ,
they came directly in front of me. l then
heard Hodges say: Il don't want you to ,
speak ITO me-" and think he repeated it. !
About that time Maddocks was following
along after the sleigh, and as soon as ,
there was a chance for him to get a foot
ing by the side of the sleigh, he ran
around the corner of it and hit Hodges in
the face. l did not pay much attention
to the language used there. There were
oatihs banded back and forth. l did not
hear Hodges call Maddocks son of
b-h. AS Maddocks left the sleigh after
the blow. he said in substance that If he
didn't do differently he would repeat it.
NJ. S. Goodrich called by the govern
ment. testified that he was a practicing
physician in Waterville and that about
4 O'Clock on the afternoon of Feb. s, AL
bert Hodges came to his office and was
= 1tn1 Ia hn6
right side of the nose to the bottom of
the hip. about y of an inch in length, a
portion OF the distance being cut through
into the mouth SO that the tongue could
be protruded through it, clean cut
without any brliising. and as though done
with sharp instrument. In his opinion
it could not have been made with a fist
To close it four stitches were required on
the outside and two on the inside. Ex-
amined his teeth and they We're not in
appear to be injured. He appeared be-
wldered, which would indicate that. he
had been severely injured about the head
There was nothing about the wound in
the lip to cause that daZed condition.
Examined also his arm and shoulder and
found his arm broken, which treated.
The testimony as to the broken arm
was objected to by counsel for the re-
spOndent on the ground that it was an
injury inflicted at another time and for
which an indictment was already pend
ing; but 1T was admitted for the purpose
of showing the condition Hodges was in
when it is alleged he was struck in the .
face edby Maddocks
The witness testified as to the condi-
tion of the shoulder and arm. and that
he visited the patient frequently for the
first two weeks. and he seemed to i'm
prove; but after that became delirious
and was confined to his bed and had to be
He had number of convul- !
sions due to some inflammatory condition {
Of the brain, and any undue excitement
might cause a recurrence of them, so that ,
it would not be proper for him to be in !
court, today.
On cross examination witness testified
that a sharp instrument that would cut ,
through the lip he should expect to scar !
the gum. but he did not find it to be so
in This case. The mental disturbance he ,
had spoken Of aside from the bewildered I,
condition, first came on at the trial at 9
he had violent spasm in the :
court room. Don't think the blow on the )
lip had anything to do with that.
Adjourned until morning at $50. "a