Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1900-08-20
ADMITS The DEED.
Togus Stabbing ARRAY Comes
Up in Court.
John H. Hser|ine Charged With Gut
ting James Clark With Knife.
Warrant ChIges Assault With Attempt 10 Kill
Hearing Carried Over.

| nedT'ny carried Uver.
| In reply to the charges of wounding
! stabbine and committing an assault
with intent to kill James Clark. an in
mate of the Togus Soldiers Home, last
Wednesday, John II. Heerline made the
plea Of self-defence before United
States Commissioner Choate, before
whom a preliminary hearing was held.
Saturday. only the government side
of the case was heard as the prisoner
wished to procure witnesses and the
hearing was adjourned until 10 o'clock
Wednesday morning.
Although the prisoner was placed in
custody shortly after the alleged stab
bling took place, he was not formally
arrested. until Saturday. when Deputy
United states Marshal Smith appeared
with the prisoner and several wit
nesses at the court house where the
hearing was conducted in the grand
Jury room. As the alleged assault Oc-
CURED on the United States reservation
the case was one to come before the
United states ana not before the county
officers.
The witnesses called we're James
Clark, the party who. it is alleged. was
assaulted. James Collins. Freeland
Andrews. John Joseph ana Charles
Field The former had his left arm
done up in handages and in sling. The
right arm was also bandaged, but was
lett free to be used. The prisoner. who
is man Of perhaps 80 years, and
whose accent showed him to be a Ger
man. had 2 badly discolored left eye
which ne claimed was due to Clark's
striking him.
From the story as told by the wit
nesses FOR the government. it seems
that Hecrllne came TO town. last
Wcdn, sday, and after taking one or
two drinks as he says. returned to To
gus, During the afternoon he was
boistcrous and III the evening, while in
the barracks, clark demonstrated with
him ana told him to keep still saying
that he disturbed the others. Collins
told the story before the court, that
Clark left his bed and started to pri-
waite room ana on his return passed
Heerlinc's bed, saying. shut up, you
are disturbing every one here"
What is that to you, you Irish ---
-- --?' replied Heerline
ION that" Clark testified, II slapped
him | would be ashamed to look any
man in the face il he called me that
name and l did not slap him"
Andrews in his testimony stated that
on that the exchange Of words ana
blows became general with the two
men. Finally according to Collins tes-
timony. Heerline stopped. reached down
in his pocket. took out d knife, deliber-
ately opened it and made several
passes at Clark. Several Of the men
warned Clark TO be on his guard as
Heerline had a knife. but before there
could be any Interference Heerline was
at Clark the witnesses state. and
struck him several times, twice on the
left arm and once on the right arm.
Clark then started to run. with Hecr-
line after him, the witnesses stated.
Fearful that Clark would be stabbed in
the back the other inmates started to
interfere Before they could reach
H"erlinc he had stumbled and fell, the
knife dropping from his hand.
clark WAS then taken in charge by
some of the inmates among whom was
Flacland Andrews, who with a recol-
lection Of his former service in the war,
bound a cloth around Clarkes arm, in
serted a stick and stopped the blood
that flowed in a stream down over
Clark's fingers from j severed artery
Heerline was then placed in the
guard house where he remained until
Saturday. when he was taken before
United States Commissioner Choate.
The prisoner had different story to
ta1 III. "a l.,
gusta during the day. and although he
had taken two drinks ana was feel
ing well he was not drunk. when he
returned. He said that he was seated
on his bed when Clark passed his cot,
washing his feet. He had a knife in
his hands. he said. To pare his corns
and when Clark returned from the pri-
waite room Clark struck his several
times. Standing such treatment as long
as he could he started for Clark with
the knife in his hands and struck at
him several times. But this he said
was in self-defence. In concluding his
testimony he said that he never had
any hard feelings against Clark nor
was there any bad blood between the
two
He asked for more time to get wit
nesses, saying that he had asked three
men to come but they would
not come to the trial and give
testimony unless they We're paid In
consideration of the circumstances
Commissioner Choate ordered the hear
ing continued until 10 o'clock, Wednes-
day when the defendant will present
his side of the case.
Grand Republican Rally at Old Orchard.