Daily Kennebec journal., 1897-09-29
SUPERIOR, COURT.
September Term, Non. Oliver G. HALL
Presiding.

| w. .. 1HOATE, SlcIhs rs
A. L. MCFADDEN, Sherin.
GEO. w. HEsELToN. County Attorney.
| F. A. SMALL, Stenographer.
Augusta, Sept. %.
State VS.. Horn. The government re
sumed it's testimony in this case thi
morning, placing upon the stand sew
eral witnesses who testified that tn
defendant wore a heavy moustache LIS
winter, and also introducing the son O
| Kennedy, who owned the wood, vht
| testified that he knew the uefendan
well and that about week before ht
heard Of the trade for the wood he me,
defendant coming out of the wood reaG
with a coat over his arm, and talked
with him.
The case was submitted to the jury
at o'clock AZ o'clock a verdict of
guilty was returned.
Counsel gave notice Of an intention to
file a motion in arrest of judgment.
Fred Robinson. for the larceny of $50,
the property of James H. Huff, at the
trotting park in this city, was senten-
ced to pay a fine of $50 and costs and in
default of payment six months in jail
Committed. The defendant has already
been IN jail three months.
Ashford e. Sampson was placed at
the bar for sentence on three indict-
ments, the larceny of a watch, bicy-
Gle and a team, and the county attor-
ney asked that he be sentenced as a
common thief. The court accordingly
imposed sentence of six years at hard
labor in the State prison.
Michael Dever for an assault upon an
.ex-soldier of the Home at Togus with a
club was sentenced to Is months hard
labor in the State prison.
George Marks of Rockland, for the
larceny of a team belonging to Cony
Bros. was sentenced to hard labor in
State prison for two years.
George Durrell for the larceny of a
watch, property of l.. p. Hersey, was
sentenced to pay a fine of $40 and costs
and in default of payment, 4 months in
Jail.
State VS.. Leon Suprenaut. County
attorney for State Whtehouse & Fisher
for defendant. Indictment for an as
sauil and battery upon Joseph +. Ellis
of Augusta, with a jack knife, with in
tent to kill, on the 18th of August last.
Joseph f. Ellis, called by the govern
ment, testified that on the 18th of Aug.
last, he went to Togus in company with
Herbert Erskine and David Knox: that
they called about $50 at Rose Whites
and were asked by her to come in
Quite number of men were there and
woman besides Rose White. He and
his companions We're helped to whiskey
by Rose.
After drinking a man present said:
Amt you going to treat the house"
and Ellis told him he could not. The
man then said something and clutched
Ellis and set him back against the wall
and struck at him, and Ellis returned
the blow and pushed the man back.
Ellis then said to his companions: II
guess we had better get out" and he
then walked to the door. A man fol-
lowed him with club. but he was not
struck then.
AS he stepped out of doors a man by
the name of Valentine struck HIM vii i
a club across the head Sand after that
he did not remember much. He got on
his feet when Rose White struck him
in the back of the head with a club. At
that time he thought there must have
been a dozen men around and afoul of
him. He remembered Of getting to his
team which was about}eight feet from
the door when somebody he did not
know assisted him into his team and
he drove away, Erskine and Knox then
being in the road short distance
away. The witness exhibited numer-
Gus fresh scars on his arm, back, head
and other parts of his person.
He was unable to state who did the
cutting, as the blow on the head stun
ned him and when he rose to his feet
the blood was running down over his
face so he could not see. He remem-
bered that one of the cuts was given as
he stood by his team and that the man
infiicting it was about his own height.
One man who had hold of him by the
shoulder had a full beard. He recog-
nized the respondent as one of the men
in the house and he then had a full
beard. The respondent has only a
moustache at present.
DR.. j. e. Tuell testified to the nature
of the wounds on Ellis and that the
greater part of them were made with
a sharp cutting instrument.
The government was proceeding with
its testimony when the case was sus-
pended at $50.
George B. Lashus of Waterville. who
pleaded guilty to forging an indorse-
ment on pension check was allowed
to go home on probation in considera-
ton of his extreme youth.