Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-10-16
SUPERIOR couat.
September Term, Hon. Oliver Q. HALL
Presiding.

w. 8. CHoATE, Clerk.
A. l.. MCFADDEN. Sheriff.
GEO. w. HEsELTON, County Attorney.
F. A. SMALL, Stenographer.
| Augusta. Oct. Is.
State vs. Walter Maddocks and Sydney
| Fuller. County attorney for State
Brown Il Brown for respondents. This Is
an Indictment against the respondents fol
an assault and battery upon Alfred
Hodges OF Winslow, on the Sth of Feb
Alfred Hodges testified that his age was
CD years. and that he was a farmer in
Winslow; that he had known Maddocks
| five or six years and Fuller since he was
a boy; that on the afternoon of Feb 8
| he had hafneSsed his horse and was lead
| ing him out Of the stable to go to Benton
and to carry some files to. the James
mill. when the defendants passed along
with a double-hOrse team and load OF
logs, and on the team with them was the
wife of Fuller. Witness said to Fuller
as he was passing: "Why don't you swear
at me as you did the other day when you
met me- now that you have got somebody
with you?"-meanng Fuller's wife. Fuller
answered: You didn't get what you
needed the other day, but you will get 1t. i"
He had had words with both of them be-
fore this time.
About year and half before he had
seen Maddocks at Vigue's store and Mad
docks then said to witness: You have
been making talk injuring my milk bust
ness, and you had better be careful or you
will get threshing.' A week before
FEB 3, witness had met both respondents
with three-horse team, and Fuller had
then said: "D-n you. get out of the road
or | will run right over you" 1t was to
this incident that witness referred, the
day they went past the stable. After they
had passed, witness went to his house
with MS team. got a SoapstOne, and start
ed on his trip over the same road the de-
PENDANTS had gone, to leave the files at
the James mill and do some business at
Benton. When he had gone a little less
tn than l.. half mile, he came up within
SIX or seven rods of the defendants and
their team, at spot of bare ground. and
their team stopped, witness then driving
up to within about three rods of it.
AT that time Maddocks sprang from the
sled with shovel in his hand, and Fuller
got off his team about the same time and
both came back toward him. MaddockS
said Cd d-n you" Witness said: Il
want to go by Fuller said: ''D-n you
you won't go by" Maddocks came up to
the head of the horse. took hold of the
horses bit or nose and pushed him into
the road. witness having attempted to
go by. Maddocks then came toward wit
ness on the left-hand side and immedi-
ately commenced striking him with the
shovel saying: Cd d-n. you. l will
beat your Cd id old brains out" Wit
ness had stood up in the sleigh at the
time Maddocks had brushed by the head
of the horse. and took up from his sleigh
piece of a woodsaw frame and was on
his feet before the first blow was dealt
him. He touched his horse with the
stick to start him up, but Fuller at that
moment took the horse by the bits with
both hands ard held him.
Maddocks struck witness with the
shovel on the left arm and shoulder and
mead, i've or six times and perhaps
seven. breaking his arm. while Fuller
held the horse and backed him so as to
ha I>,,n.
ing to Maddocks: ''D-n him. give it to
him." Witness tried to defend himself
with the piece of saw frame. and at last
hallooed murder as loud as he could
Then Maddocks stepped back and Fuller
let go of the horse, and witness after sew
eral efforts turned his sleigh in the mud
ana returned home, went 10 the stable |
with the assistance of his/wife repaired
his harness. and again resumed his jour-
ney. and in addition to go to Waterville |
to have his arm set. Arriving at James
mill, about Il mile beyond. he saw Mad |
docks. i'm whose presence he asked James
If he could have protection past the mill |
and stated to James that the respondents
had pounded him with a shovel and bro
ken his arm, Witness then detailed his |
injuries and the suffering he endured for |
many weeks. which he ascribed to the
beating alleged to have been given him |
by the defendants. DR.. Goodrich dressed
his wounds and set his arm. He had in
stituted civil suit against the defendants |
for $4,000 damages.
DIR. w. p. Giddings testified that he saw
Mr. Hodges on March y and that he was
then in a delirious condition in his opin-
ion resulting from an injury to the head.
Sarah l.: Hodges. wife of Mr.. Hodges.
testified that she saw defendants when
they passed on the sled, Her husband
was then leading his horse out of the
stable. Heard Fuller say to her husband
three. different times: Drive up this
way" and saw him swing his arm Her
70 fbp
stone and drove away toward Benton.
She next heard a terrible cutlery, some
one scream twice, and she recognized her
huh voice. and she ran out Of the
mad gone, perhaps for distance of five
rods where she could see the road he had
taken, and she saw her husbands team
directly across the road. her husband
up in the sleigh. and just be-
yond him were the defendants.
Fuller then started and ran up the road
after his team which was just disap-
pearing over the hill and going very fast.
Maddocks stood there with his shovel AS
she got where she could see she heard
her i1eI. husband say: 'D-,n YOU, you will
an oath: well. 1 can pay for it. and |
am willing to pay for it, Maddocks
kept on with his conversation and her
husband turned his sleigh and came back
to the house and they went to the stable |
where she assisted him in changing the
harness which had become broken. He
then resumed his trip.
Mrs. Hodges testified as to her hus-
bands injuries and of his sickness re-
sulting from them.
Albert L. Plummer, residing in Benton.
testified that he was at the James mill
when Maddocks and Fuller came along,
and also when Hodges arrived after the |
meeting in the road. Fuller in explains |
ton of his horses running away, told |
James he had left them half a minute. |
When Hodges came he asked James. so |
the defendants could hear. If he could
have protection by the mill, and said:
II have been beaten over the head with a |
shovel and l think l have a right to
travel the highway unmolested." !
Neither Maddocks nor Fuller said any, |
thing to this. Witness then did not know |
there had been any trouble back on the |
road !
After the trouble at the mill between |
Maddocks and Hodges witness heard |
Maddoeks say he supposed it would cost |
him something, naming a sum which wit |
ness did not understand, and said it |
might as well cost him moro. Witness
did not hear of the trouble back on the |
road until the next day.
George G, Taylor and Edward S. Cros- |
by testified to assisting to care for Mr.. |
Hodges In his sickness and his condition |
when they saw him.
The government had not concluded its |
case when court adjourned at O. clock.