Connecticut western news., 1901-07-04
THE CASE OF FOLEY.

 Briggs on charge of breach of the peace and assault on David Stoddard on the evening of June 22. Justice Briggs found Foley gnilty and fined Samuel A Hermann. appealed the case. and Foley was bound over to the Superior court under Sl50 onds which were furnished by Daniel Sweeney.
 The trial of Foley was of great inter- est, due to its relation to the Stoddsrd case in which father and son, David and Floyd Stoldard, were last week Monday bound over to the Superior court under $500 bonds on charges of ass ault with intent to commit murder and they were taken to jail in default. The trial of Foley only str, ngthens the belief that the Stoddards are not guilty as charged.
 The case of the state against Foley WAS conducted by l.. J. Nickerson and his principal witness was Mrs Stoddard and she told the same story she did at tue trial of her husband and son, and it is substantially as follows: That Foley after trip to Falls Village during the day of June 22 returned to the Stod- da d home under the influence Of liquor and about l5 went into the basement where Mrs S.oddard was cooking and made insulting remarks, that loud talk followed, and that MT Stoddard came down stairs and asked what the trouble was about, and find. ing that Foley was abusing Mrs Stod. dsrd, mildly ordered him out of the honse. That Foley backed up against the door and when Stoddard passed of the stairs in front of him Foley hit Stoddard three times with bis fists, knocking him ont of the outside door. that Stoidlrd picked up an axe that laid outside the door and that Foley also sprang and grabbed the axe and while they were struggling for posses. sion of it, Floyd Stoddard, who had followed his father into the basement. picked up pitchfork and struck Foley on the head three times with the handle. That persons arrived and separated the struggling men ard that the arrests were made.
 Foley in his testimony isnied using insulting language, and stated that he and Mrs Stodd ,rd got to having loud talk about his laundry, that Stoddard arrived ( n the scene and inquired what was the matter, that Mrs S.oddsrd said he (Foley) was abusing her. that Stod- dard ordered him to get out and that Stoddard preceded him out of the door and picked up the axe and that he (Foley) quickly grabbed it with one hand between Stoddsrd's two hands and that Stoddsrd in that position brought the axe down heavily on his forehead. That he saw Floyd Stod. dard with a pitchfcrk in his hand, that he did not remember any thing further and couldn't swear that Floyd hit him with the pitchfork. Foley denied hit ting Stoddsfd at all with his fits Other witnesses examined were n. E. Lyles, Dr. Owens, George Van Dausen, Ed ward c edwin aud Daniel Sweeney. they tes:ifying to the parting of the combatants and the nature of tue wounds, and Mir Sweerey's testimony bearing on seeing Mrs Stoddard at the sta ion with Foley in tue forenoon of June 9. Attorney Herman gave Mrs Stoidard a searching cross examination and by system of questioning which even the court could not understand, managed to g,t Mrs Stoddard to state that she didn't see Foley on Saturday morning after he left the Eouse, and later stating that she was at the station with Foley and her younger son. this last statement harmonizing with her testimony at the previous trial and agreeing with Foley's. Iu no other particular was her testimony shak,n.
 The testimony of George Van Deusen was of interest because he is the only witness besides the Stoddards and Foley who saw any ything of the fracas before Floyd hit Foley with the fork handle. Mir Van Deus-n testified that he saw David Stoddard and James Foley struggling for the possession of the axe and that he saw Floyd Stoddard rush on the scene and strike Foley twice on the head with pitchfork handle. that the handle broke and that Floyd picked up a stick and that he Wan D, usep) shouted to him not to strike again and that Floyd desisted. Mr Van Deusen also testified that he did not n, tic any blood on Foley until after he had been hit by the fork
 :anlle. Lawyers Nickerson and Her. mann displayed their orstorical powers in tue arguments and summing up, Nickerson praying for the binding over
 Foley under S30C bonds, and Her mann asking fer the discharge of the prisoner. Justice Briggs imposed | enterce as before stated.
 The outcome of the Foley case onght to satisfy every one as the whole matter will now come before the Su- perior court By the way, the bonds of he Stoddsrds have been reduced from $500 to s2OO each.