Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-11-03
SUPREME JUDICIAL COURT.
October Term. 1897, Hon. A. r. Savage
Presiding.

A. l.. McFADDEN Sheriff.
{. w. SMALL, StenOgrapher.
Augusta, Nov. 2.
Josiah A. Norton VS.. Judson G..
Knight. L. T. Carleton and A. M.
Goddard for plaintiff, A. M. Spear and
Williamson & Burleigh for defendant.
This is an action for an assault and
battery. damages being lain in the sum
of $4,000. The parties reside in -Au-
gusta.
Mr.. Goddard opened for the plaintiff,
and the jury, by direction Of the court.
on motion of counsel, proceeded to the
place of the alleged assault and took a
view of the premises.
The plaintiff resides on the east side
of Sewall street, below Western ave-
nue., and has in the rear Of his house a
wood yard and shed, where he manu-
features stove wood. The defendant
resides the second house south of the
plaintiffs. Next south of the plain
tiff's house is a private way, leading
from Sewall through to Grove street.
and a watering trough on the right
hand side of the way few rods from
Sewall street. The title of the way is
in the name of plaintiffs wife.
Josiah A. Norton, the plaintiff, tes-
titled that his age was 40, weight about
$50 pounds, and that he had lived in
Augusta S years. After dinner, on the
23d of March, last, he went to his shed
in the rear of his house, where he had
men at work, and while sitting on a
nile of wood, just west of the shed, the
defendant, Knight, drove into the pri-
vate way from Sewall street and came
to the watering trough. on the land of
horse, and about that time one of the
men in the shed halloed:-
who sawed off your sinkspout?" or
"Sinkspout.
He looked up at me and said: John
L.. what is gnawing you? You come
out here and 1 will do you up. The
coast is clear"
Think made some reply, said Go on
out of here and stop your noise; don't
want you here. don't want your talk.
You are trespassing and you have been
forbidden. l want you to go out and
stay"
Prior to the 23d of March, 1 had for
hidden, him to pass over my wife's land.
l looked up and saw he was checking
up his horse. He was some 12O feet
away. I supposed he was preparing to
go along, and about that time I got up
and started for the house, having bus
mess that called me there. My way
was by the road past the watering
trough, and that was the regular way.
- tod Mi r thaf
he was hating there. hesitating. He
did not go out. He was standing, and
I kept on.
When l got nearly opposite Of him.
within perhaps 3 or A feet, he was
standing nearly in the center of the
road and on the north side of it, and
1 then saw he had weapon in his,
hand. The next knew I felt severe
blow over my left eye. l saw him
bring his hand up and then felt a Sc
we're blow over my, left eye, and then
l have, q. faint recollection of feeling his
arms around my back.
After that 1 knew nothing until /
found myself in my sitting room on the
couch. Don't think I recovered full
consciousness that night. Was con-
fined to my room days and to the
house r. At the end of the II days l
went down to the watering trough and
found in the open sewer there this
whip, which 1 have here. I recognize
it as the weapon that knight had in
his hand when met him in the road.
(Witness exhibited the butt of whip
covered with light colOred materially
My face was swollen clear down into
my neck. My left ear was badly swollen
and black. There was also a large bunch
on the back of my head and a cut over
my left eye, right through the eyebrow
NY nose on each side was swollen level
with my forehead. Nose was cut so that
the doctor ran a. probe through into the
nostril Had suffered great pain from the
injuries and still suffer them.
Three weeks prior to the assault he
said he was walking in the passageWay
toward Sewall street, and a team drove
up behind him, and he heard somebody
say: "Get out of the road you s-n of
b-h or l will run over you.' Knight was
the man on the team and the one who
used the language. Witness stepped out
of the road and replied and the defendant
stopped his team, threw off his gloves and
overcoat and came towards him and said
he was going to thrash the ground with
me- and plaintiff walked off a little to
one side toward the house, and about that
time defendants horse started and he
at the same time calling plaintiff names.
He came back and his horse started
again, and finally plaintiff got round the
stables and onto Sewall street. Had for
hidden his crossing there previous to that
occurrence Nearly every day through