Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-03-11
SUPREME JUDICIAL COURT.
The March Term, iss7--Hen. s. c. stroui.
Presiding.
w. s. Choate, clerk.
A. l.. McFadden, sheriff.
A. III. Small, stenOgrapher.

AhiS hoiHiuSs the CouTt tOOk up LOT
trial before the jury the case Of
George X. McNally Of Clinton VS..
Burleigh & Flynt. proprietors Of the
Kennebec Journal. VIM. H. Mcclellan
CT Belfast. and John McCarty Of Clin-
ton. appear for the plaintiff, and Heath
& Andrews. Forest Goodwin and
Williamson & Burleigh for the de-
PENDANTS.
The plaintiff brings the action to re-
cover damage for an alleged libel. His
writ contains five counts, and in them
he alleges. substantially. that the de-
PENDANTS in several OF their issues OF
the daily and weekly Kennebec
Journal in the months Of October and
November. 1896, published certain arti-
Giles falsely charging him. as deputy
sheriff Of Kennebec county, with vol
unfairly allowing Foster Nelson, a
criminal. to escape, after arrest. and
with having accepted a bride OF S
from Nelson to allow Nelson to go
free
The arrest was made by Sheriff Viles
Of Somerset, and the plaintiff. on the
18th of October last, and the alleged
misconduct Of the plaintiff as set forth
III AhN %"SPdPCi ditiNiCSs was WIulc
plaintiff and the prisoner were alone
behind the barn at Nelson's home. The
plaintiff alleges that by the action of
the defendants he has been damaged
an his reputation to the extent of SO. 900.
Mr.. McCarty opened the case for the
plaintiff.
Clarence 3. Burleigh. one of the de-
PENDANTS. was called by the plaintiff,
and examined as to the field of circula-
ton of the Journal. and also as to
the financial standing of defendants,
both personally and as members of the
firm. as bearing upon the question of
damages.
Counsel for plaintiff then read in
evidence from the Journal. the articles
upon which the action is based, counsel
for the defendants reading such por-
tions as they desired.
Plaintiffs counsel also placed in evil
dence q letter dated October 10. 1896.
from plaintiff to defendants. admitted
to have been received by them. to
which they admit they made no
answer. The plaintiff in this letter
denies the charges against him and
asks defendants to "discredit the
statements"
The noon hour was now reached and
the plaintiff rested his case.
In the, afternoon. Mr.. Goodwin
opened for the defence.
The defendants claim that the official
acts OF the plaintiff as deputy sheriff
were of public interest and concern. and
that the alleged publications were fair
criticism of his official acts. published In
good faith and without malice. In the be-
nlagla ~ nm tl,.air.
part to believe. that they were true, and
according to the ordinary Specification of
words; are in fact and substance true:
that the communications were from their
regular representative in that section.
Mr.. McCone. and the New England Assoc
ciated Press agent at Dover.
w. y. Getchell Of Augusta, civil engi-
neer. was the first witness called by the
defendants. He produced plan of Fos-
ter Nelson's buildings in Clinton. which
he testified he made from actual meas
the distance from the front door of the
house to the back of the barn which
sets back from the road. is about IA rods,
and that farther back are some woods
the nearest point of which is about As
rods from the back of the barn.
r.. ID. Vfies. called by the defendants
testified that he was sheriff of Somerset
county and on the 18th of October last
In accordance with an arrangement with
the plaintiff. Mentally he went to Clin-
ton and met there McNally, also meeting
AACNouc, tie representative OF the keT-
nebec Journal, and proceeded to Nelson $
house. witness having warrant for the
arrest OF Nelson for depredatiOns COM
mitted In Somerset county. and Mentally
a warrant for the seavch of his premises
that they all proceeded to Nelson's place.
and finding him at work at a neighbours.
witness and the Journal reporter went
and brought him to his own house where
search had been made in their absence
and stolen goods found and piled up IN
the yard; that somebody said there had
not been a very thorough search for
clothing, and SO he gave the prisoner in
charge of McNallykand went into the
house to search further: saw both Dris-
oner and Mentally In the house after
house and said Nelson had gone, and
that was the first intimation ne had of
the escape.
Then went into the yard and the. people
son. McCone was there. Heart nol ebody
say. but could not tell who, that Il was
a put-up job between Nelson tSd Nc
than one say IT. McCone was tlI9n pres
ent. Nelson had gone with McNaliy to
the rear of the barn, as was understood.
planned to witness that when Nelson Nelson rose o
up from the position he was in, that he
knocked Mentally away with his arm or
hand. gave him hit. and knocked him
him twice and ran after him. Subse-
quentiy witness went to Waterville anu
met eMcNally and Nelson. and took the
latter to Skowhegan. Nelson having bnen
arrested at Sangerville.
McCone saw Nelson at the Jail in Show
hogan. and witness heard the reporter
read to Nelson an interview with him by
son had said that he gave McNally s. to
allow him to go. and Nelson then said to
McCOne that the statement was true
On cr0Ss-examination, witness stated
that he went to Clinton at the solicitation
of Mentally. and the arrangements as to
warrants was made previous to his going
there. After reaching Nelson's house ii
was arranged between him and Mentally
that witness should go after Nelson, be-
cause he knew that Mentally had q capias |
for his arrest on debt and he might |
run. In accordance with this understand |
Ing. witness. when he got to Nelson. told |
him he would not be arrested ON the civil
process. McNally delivered Nelson to
witness at Waterville after his re-arrest
W. g. Foster of Pittsfield formerly re-
siding in Clinton. testified that he was at |
Nelson's house at the time OF the ar
rest for the purpose OF identifying some |
goods stolen from him; that whl1H viles |
and McCOne were gone from The house |
after Nelson, McNally did not NooBch the |
premises much but was with 0tDe9B that |
did. Saw Mentally and Nelson goeng from |
the front OF the house toward, the rear |
Of the barn. and they had been round |
there from three to 1--WE minutes when he |
heard pistol shot. and more than one. |
and went back Immediately to notify |
McConc whom witness thought an ofIlcer. |
The people soon came Htraggling back /
from their pursuit OF Nelson and there |
was loud and angry talk among Them |
Did mt tn Mpv0s,o MIR t1ooR my