The Portland daily press., 1898-02-01

nruk er-M eIaugh Guilty OF Assault ON
Nathan, and Waite Not Guilty.
In the Municipal court yesterday morn
ing there came up the case against Frank
Waite and Joseph Il. Melaugk, alleged to
have committed assault upon Nathan
Druker and Solomon Druker Monday
night of last week.
James A. Comedian appeared for the
state while Charles A Perkins was re-
tanned as cou nsel for Melaugh and Waite
The respondents announced that they
would Withdraw their plea of guilty for
the assault upon Saul Druker and enter
pleas of not guilty. The case Of Nathan
was first heard.
Nathan Druker testified: 81 am pro-
prietor of the Palace billiard hall and
was there all of Monday night. Waite ana
Meiaugh came in and wanted to play a
game of pool. 1t was late and L told them
that l couldn't let them do it. Ihey
went out and I then locked up and L
turned the lights out. When going down
I heard noise and went back and found
Melaugh in the hall. Melaugh an Sau
got fighting and attempted to interfere.
Melaugh and Waite were both drunk. =
On cross-examination witness ex-
planned that he carried on a clothing
business on Fore street besides running 8
billiard hall. His daughter also runs
restaurant at the corner OF Fore and India
streets. She is 81 years of age.
"No, l have not fooled with these TEL
lows in my place and never had any
trouble with them before When got
out in the entry 1 lighted match and
saw Waite there. He jumped at me and
blew the match cut Then L started
down the stairs and was kicked in the
back. Melaugh was in the entry and 1T
was he who I think, kicked me. After
this went out into Lincoln park and
saw Melaugh and Waite assaulting Sole
mon Druker."
On redirect witness stated that when he
had got out into the entry Waite pulled
his whiskers. Whenassaulted. turned
around and saw Melaugh. Nobody else
~vssss:ss~ab Qat~s~Sss s~
'iThere were two other men," he said,
'sbut I complained against only Melaugh
and Waite"
Saul Druker was then called. he said
81 was working at Nathan's on Monday
night. I first saw Waite and Melaugh
about Ills o'clock when they came into
the hall. Both of them came up to him
aud pulled his whiskers. When we closed
IN. we lighted match and saw Waite in
the entry.
~ am no relation to Nathan Druker, =
he replied on cross examination. When
Waite and Melaugh came into the hall
there was another man with them. Here
tofore everything had been pleasant with
u.s..
This closed the evidence for the state
and the respondents were called.
: Melaugh testified: ~ am 30 years old
and this is the first time that [ have ever
been arrested. During tho last two or
three weeks have been in Druker's place.
1t has been the custom to fool with
people in there When we went in Mon
day night there were with US fellows
named Nickerson and Peterson. We
fooled a little with 1ruker and then
came out. We all went down stairs to-
gether. l did not strike, kick or make
any offer to kick Nathan Druker. The
last that saw of him was when he came
out and he was walking up Congess
street."
Cross examined: "Have seen people
DULL Druker's whiskers but I have never
done it. I was not under the influence OF
LIQUOR at the time. Waite was drunk. :"
Waite testified: II live i'll this city and
ALWAYS have. Have been in this court
twice before on charges of intoxication,