The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1897-08-30

and that they did have fight with fists
But they absolutely denied the use of
knife or even the possession of one thai
night.
The first witness was Alexander Nc
Corrison, of the Portland Company, VIII,
testified that the respondents character
for peaceableness was good.
The respondent, Charles D. MoLsar
said he had known Jack" O'Connol
for ten years. His wife lives on tha
street with her people, and he is rount
there. On the Friday evening witness
with his cousin was standing near hi
brothers. gate. They were talking. JUS
then Jack came along and asked wha1
they were talking about, and came
across the street, calling him all sorts Of
vile names, and berating the Nova Scotia
people. Witness came from Nova Scotia,
but is an American citizen now.
Jack went back to the other side of the
street and his companion came over for
match, which was given. Then John
came over again with brick and struck
witness on the head with it. Witness
then struck Jack, and fight began
Witness testified positively that he did
not have a knife that night, and that he
did not strike O'Connor with one, using
his fist entirely. ~
Witness denied positively that he saw
Mrs. O'Connor or that he said any such
things as she testified to. Witness said
he had drunk two glasses of ale. He
should say it was about II O'Clock, or
approaching it, when the trouble oc-
Cured
Witness has lived in Portland eighteen
years. He was never arrested before.
Cross questioned he said he got his ale
at the place kept by a brother of O'Con-
nor. AS to his pocket knife, he said he
had not had one for about two years. Wit
ness related the circumstances of previous
trouble with O'Connor, about some ma
terial sold his father by O'Connor when
the material did not belong to O'Connor.
Officer Foss saw O'Connor few min
utes before eleven on Washington street,
and later at Mrs. Welch's after he had
been cut Witness knew O'Connor' s
reputation for peaceableness as very bad.
He was regarded as especially quarrel
some when drunk. Witness saw O'Con-
nor after he was stabbed, but the latter
would not say who did it.
Officer Firth also testified that when
| drunk O'Connor was quarrelsome. An
attempt was also made to get testimony
as to O'Connor's once having thrown
III
| the officers.
| Deputy Marshall Hartnett testified that
| when O'Connor was brought in he re-
fused to tell who assaulted him, saying
| that he got no more than he deserved.
Witness said he guessed that was about
right. O'Connor's reputation for quar-
relsomeness was bad.
| Neal Mclean, the cousin who was with
Charles D., was next called, and testified
as to their movements on the evening in
question. After Pat O'Connor had got
the match, "Jack" came over and struck
Charles Mclean. The latter returned the
blow with others and drove O'Connor
down the street. Witness said Charles
did not have q pocket knife. He knew it
because he did not see any knife. Wit
ness himself did not carry knife and
had not for two years.
Mrs. Mclean, wife of the respondent,
testified that her husband was not a
drinking man in the sense that he ever
got intoxicated. John O'Connor, when
recalled, denied that he struck Mclean
with brick.
Judge Gould having given resume of
the testimony of both Patrick O'Connor,
| Neal Mclean and the respondent, to the
| effect that the row was very brief, last
ing only a few seconds, claimed that it
was physical impossibility for the sew
enteen knife wounds to have been infiict-
ed in that time. Moreover, Mclean was
a peaceable man, while O'Connor was
Troublesome. 1t might be that his client
| had committed an assault and battery,
but that was all.
Judge Robinson, after hearing the ar
guments, decided that there was no rea-
son for finding probable cause in the
charge of assault with intent to kill; but
on the charge of assault and battery did
uuu prODdUl0 cause, anu Douuu N1CLtttu
over to the September Superior court in
the sum of 500. Mclean furnished the
sureties.
OTHER CASES.
There were but three cases of intoxica'
ton before the court Saturday. Alexan
der Miller, who was found by Officer
Stewart trying to ''clean OUT street
was fined So and costs.
Charles A. Prime, who was in cour1
April 19, and whose case was suspended
had been found noisy and saucy on Chest
nut street by Officer Pillsbury. The judge
gave him 80 days in jail on the suspended
sentence, and So and costs for the recent
otfense.
Alfred Bennett was charged with in
toxication and disturbance in the Cum
berland House. Bennett. said that he wa'
forced into the trouble by the proprietor
of the hotel, who claimed that he owed
| him.
The proprietor of the house denied