Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-04-21
SUPERIOR COURT,
April Term, 1897, Judge Oliver g. Nal
Presiding.

G. w. HEsELToN. County Attorney.
A. l.. McFADDEN, Sheriff.
F. A. SMALL, Stenographer.
Augusta, April 20.
State VS.. McColly. This case was con-
cluded at noon with a verdict of guilty,
the jury being out about an hour and a
half. The respondent took the stand and
admitted that he had passed through
Fayette on the afternoon in question, but
denied all knowledge Of the crime
charged.
In the afternoon the case Of State vs..
Walter Maddocks was taken up before
the jury, 8. 8. Brown appearing for the
respondent. who ts indicted for an as
sault and battery upon Albert Hodges in
Benton, on the Sth of February last.
Mrs. Hodges, the wife of the man al
legged to have been assaulted, testified
that she lived in Winslow, and that on
the afternoon of Feb. her husband was
at his stable door when the respondent
and Sidney Fuller passed the place with
team, and she heard Fuller say. Drive
up this way" They were then going by
the stable toward Benton. A little fur
ther on he repeated the words and mo-
TONED with his hand. but she did not
hear her husband make any reply. Her
husband very soon drove out of the sta
the respondent had taken. He had been
gone perhaps five minutes when he re-
turned. In the meantime she had heard
an cutlery from up the road and she ran
out into the road and saw her husband
and Fuller and Maddocks all in road, 90
or 40 rods away. 1t might have been a
minute after that that Mr. Hodges re-
turned to the house and drove to the sta
Bile. where she went and assisted him in
readjusting the breeching of the harness
on the horse. which had been broken.
After that he again started for Water
Vile. and took with him some files for
Loring James. who ran "A saw mill In
Benton. going over the same road that
he had started on in the first place. He
appeared to be suffering very badly and
said his arm was broken. His arm was
badly bruised aud the skin was broken.
He then went away and witness did not
see him again until after candlelight. He
then had a very bad cut on his lip and
his arm was In sling and bandaged
from the elbow nearly to the wrist, and
his arm above was bruised and very bad
ly swollen to the shoulder joint. He had
his clothes on. the next day. and for
three weeks. Since that, for two weeks
or more his death was expected. but he
was now improving.
On cross examination the witness testi-
fled that though her husband had been
able for a few days past to do the chores
about the place. yet he was not well
enough to come to court: thar Maddocks
and Fuller when they passed had a load
of logs on sled.
Loring s. James. called by the govern
ment testified that he was at his saw
mill on the afternoon in question when
he saw a span of horses coming along
the road alone. and in five minutes Sid
ney Fuller came along, and in few min
utes the respondent MaddOcks came. In
about 20 minutes Mr.. Hodges came along
in a sleigh. Maddocks came on foot and
had nothing in his hand; Fuller had no
shovel. Fuller passed the mill but soon
returned with his horses. Maddoci2s
stopped at the mill perhaps minute and
went on to assist Fuller with the horses.
When Hodges came up. Fuller was on his
sled perhaps rod away and Maddocks
near by. Before Hodges came up Mad
docks had said that Hodges had chased
hlm with stake and had made some re-
marks about Mr.. Fulier's wife. He said
nothing about having hit Hodges with a
shovel. The first thing / remember of
Hodges saying when he came up was to
ask If he had right to travel the road
and / told him he had. l think the next
question he asked was If would get into
the sleigh with him and see him by. He
said: ''They have attacked me and
think they have broken my arm" Full
Ter and Maddocks were then only a few
rods away. Think he said they struck
ilm with a shovel and he thought they
Hlu broken MS arm. got INTO the
sleigh. The next that Hodges said was to
abuse Maddocks and call him names. He
said: Don't you speak to me. you nasty.
dirty cur. you son of a b-h," and fol-
lowed it up with such names until we
passed the mill. Maddocks said that
him to say anything while Hodges was
making his abusive talk. Hodges had
given me two files which he had bought
for me. We rode in the sleigh up to
where Maddocks was standing by the
side of the road. and went past him. The
first intimation l had of anything wrong.
Hodges seemed to settle down into his
sleigh and made some kind of an excla-
nation, cried out. and the horse started
and 1 jumped out. 1 followed up the
sleigh about a rod when Hodges turned
his face. and l saw his lip was
me If saw that I did not see Maddocks
until after Hodges had lurched onto me.
| supposed that Maddocks had given the
blow and asked to see his fist to see II 1t
was cut or injured. and i saw a slight
cut between the two lower joints of tie
and he said he presumed 1t was
cut on a tooth.
= On cross examination he testified that
bis mill is about half mile from Hodges
place. Hodges began to make loud
noise before he got to the mill, and he was
calling Maddocks names. He was good |
deal excited. He asked me If he had a |
right to the road and requested my pro-
lection. Maddocks said: Yes, Mr.. |
Hodges, YOU can go by. We wont NEEDLE
with you If you do not interfere with u.s.
Don't think Maddocks spoke in an in |
sulting manner When MaddOcks said |
hat. Hodges told him not to speak to |
lim. and he then used the epithets have |
stated He kept that up until he got by, |
and l think he repeated them several |
lines. At the time Hodges settled back |
)nto me 1 was watching how we were |
getting past the Fuller team. Hodges |
handed me the files just before stepped
nto the sleigh.
Joseph Nadeau, called by the govern
nent, testified that he was at the James
mill on the afternoon of Feb. 5, at work
n the mill yard by the side of the road.
Ind saw the horses and the parties as
hey came along. Maddocks had a shovel
IN his shoulder as he came up the road.
lie spoke of no trouble that he had had
is he came up. The first that Hodges
aid when he came along was to ask Il
le had right to go by, and James said
'es. and at the same time Maddocks said 1
he same. of course, Mr.. Hodges. you
ave" Then Hodges asked for protection
ast the mill, asked Mr.. James to get into
he sleigh with him to protect him by the
nil. After he got into the sleigh they
vent along and Hodges was talking.
When Maddocks said that Hodges could
o along by. Hodges says: Don't you
peak to me. you little cur. you Cd
ID son of b-h,' and they started
long and Hodges kept talking pretty