The Somerset reporter., 1901-06-27
State vs. Lowell Il. Ward.

brought before Judge Bachelor, Friday
last, under warrant sworn out by
Joseph S. Greene OF Scion, charged with
assault and battery committed upon Mr..
Greene, Tuesday afternoon of last week,
the 18th instant. Leander McIntire, Z.
j. Haley, Henry Hall, j. II. Gray,
Thomas Padham, Charles Holway and
Thomas Maloney were named in the
warrant as witnesses.
Forrest Goodwin, Esq. appeared for
the State and s. J. Walton, Esq, Of the
firm OF Walton s. Walton, appeared for
the respondent.
Upon arraignment the respondent
pleaded mot guilty" of the offense
charged.
In opening Mr.. Goodwin stated the
circumstances Of the case and the claims
of the State In the premises. Mr..
Greene, the complainant, Is the superin-
tendent of the International Pulp Com
pany in charge of the company's plant
at Caratunk Falls. Mr.. Ward was dis
charged from the employ of the company
after he had worked one-half day by the
superintendent order. Ward while
intoxicated, assaulted Greene.
Joseph s. Greene, the complainant,
was the first witness. He stated that
the respondent had been away from
Scion about year. He returned re-
Gently and was at work one.half day on
the boom belonging To the International
Pulp & Paper Co. He told Brophy, the
foreman at the boom, to discharge Ward
and tell him to come to the Office and he,
Greene, would tell him the reasons for
so doing. Tuesday about s o'clock D.
m. he left the mill went to the boom
house, started back toward the railroad
station, when he saw man coming
toward him, saw 1t was the respondent
and spoke to him saying, "Well Ward"
supposing he wanted to speak with him.
Ward said damn you Joe you have
used me mean," and Immediately struck
him. They clinched and going down he
thought he got little the better of
Ward in the fall but Ward turned got
him underneath and rapidly dealt him
blows on the head, cutting his face
binding him with the blood, partially
stunning him and rendering him nearly
helpless. He called aloud repeatedly for
help. E. j. Haley, Henry Hall, Thomas
Padham and Leander McIntire respond
ed to his call and Ward was taken away.
E. j. Healey testified to hearing the
"hollering" and was the first man to
arrive upon the scene. he found Greene
on his back with Ward on his knees
beside him and took hold of Wards arm
to prevent him beating Greene more.
Did not see Ward strike Greene but saw
the arms of the two men moving. Did
not want Ward to strike Greene any
more and took hold of his arm and said
to Ward "You better let up and come
with me-" There was blood on Greene's
face and clothes. Haley concurred 10
the statement made by Greene that
Ward was intoxicated.
Hall, who followed close after Haley
in arriving at the place OF the assault,
corroborated his testimony in some
points and was rather more definite in
regard to the aggressive movements of
Ward.
Padham, "cookee" at the boom
house, testified that he heard the "hol-
lerng," saw the other two men running
and walked to the place where the fight
WAS. Wucu uc Sob thtlo Ildley WIS
holding Ward by the arm and Ward still
had hand on Greene, but Wards hands
had stopped going. He told Ward to
come with him and he did go with him
to the railroad station.
L. McIntire, timekeeper for the In
ternational Paper Co., testified that he
was at the boom house when the cook
came into the dining room where he was
q p6 rd fn
death. He ran to the place where the
other men were and saw Greene going
toward the river and accompanied him
to the boom house. Afterward Mr..
Greene rode to the hotel in Scion village.
The defense submitted no evidence in
the case. 5. j. Walton, Esq, the coun-
sci, stated that it was an unfortunate
occurrence. He had nothing to say
against either man. Both had occupied
positions OF trust and responsibility. II
this court had final Jurisdiction the de-
Tense would be glad TO submit evidence.
The men met. There was no lying in
wait by Ward. 1t is impossible to tell
what took place there. These men met,
held an alteration and both came out
bloody, and they ought to have staid at
home.
After Mr.. Goodwin summed up for the
State, Judge Bachelor said he could do
nothing less than find this respondent
guilty and to fine him to the extent Of
the law and bind him over to keep the
peace. He said he had no language to
characterize this outrage and
disgrace to civilization, He imposed a
tine of $50 and costs, ordered the re-
spondent to recognize in the sum of
$500, to keep the peace for two years.
An appeal was taken to the supreme
court and bonds were fixed at $500 for
appearance at the September term.
Sureties were furnished.
The witnesses who testified in the case
were required to give personal recog
ni2ance to appear at the September term.