Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-11-01
TO JURY, TODAY,
Will Go Case Of BaIdic vs.,
Libby.
Suit Brought in $4,000 Against a
WateviIIe Policeman.
Court Will Convene, This Morn;no
when Jury Will Take Case,

the supreme court, Friday even.
ihg' Justice Whitehouse charged m.
Jury In the case of James ]. RaIdic We
u"seph Libby, Waterville policeman
me writ alleged that the plaintiff was
arrested by the defendant and that tbe
paaihtin was abused by the defendant
Inc damages were placed at s2OOO
GEORGE T. Sheldon. Esq, of Augusta
vi the frm of Sheldon & SawtelIe an,
pears for the plaintiff and Warren q
fhiiorook. Esq. bf Waterville. for tho
defence. 'e
seven witnesses were sworn in behalf
VI the plaintiff. The plaintiff. James
). 6aldic was called as the first wit
ness. He testified that he was a cook
ana resided at Waterville. Live on
the Plains at Waterville. On the night
OF July last, with James Pooler was
sitting in stairway on Water street.
The time was o'clock. Officer Libby
grabbed witness and threw him on the
Sidewalk. Struck on face and hurt
nose. side and knee. Officer Libby then
gave the plaintiff another push. The
officer told witness to go home and
witness started in that direction. Did
not refuse to obey command of the
to the lookup with the officer. Ewes
and face were bleeding when lookup
was reached. No physician was called
to attend the witness. Later was ex-
amincd by DIR. G. f. Washburn of Au-
gusta. The suit was instituted two
days after the occurrence. Feel bad
now and appetite is poor. One knee is
sore and never had any trouble with
that member previous to July Z last
Did not resist the officer in any way.
On crOss-.eXamination the plaintiff
testified that he was intoxicated at
Rockland previous to the arrest at
Waterville on the night of July last.
Did not complain to anyone previous
tn the arrest that he had lame side.
Told the officer i'm the lookup that knee
was hurt. Father and mother came
to the window at the station. Did not
ask them to get a doctor. Went to
work for Hold Nelson at haying but
couldn't stand the work on account of
soreness. Later went to woods and
received the same wages as formerly.
On redirect examination the ptaiiI-
tiff stated that when he walked that
the injured knee troubled him.
The next witness was Joseph Baldic.
n father to the plaintiff. He testified
that the plaintiff had been drinking but
could walk all right. The day after
the arrest James was sick and badly
hurt. There was scar on his face
and it was badly scratched. There is
an indication of trouble with his knee.
There was no cross-examination.
DIR. George f. Washburn of Augusta,
was called. He testified that he was
the city physician of Augusta and was
a graduate of the Medical School of
Maine. On July 3 made examination
of the plaintiff. Found bruises on the
face. Made an examination of knee
and sides. There was an injury to the
knee.
After a brief recess Joseph Lessor
took the stand. He testified that he
saw the plaintiff in stairway in COM
puny with man named POoler. saw
officer twitch Ba'dic and throw MN.
Bal6ic WIS going in the direction OF ms
home when he was approached Dy the
officer. The officer ordered Baldic nome
and Baldic said he would go there.
lanes II. Pooler was called. He tes-
tilted that on the seventh day Oh last
July was sitting in doorway WIN
the plaintiff at Watervill". Made no
disturbance or cutlery.
Other witnesses were ca'ie'l ana their
testimony was in the nature ~ 4 cor
rc:,ors. ton of tae previous testimony:
At the opening of the court at the
afternoon session several witnesses
we're called in behalf of the defence.
Joseph Libby, the defendant, was the
first witness. He testified that ne was
connected with the Waterviiie po.ice
force for several years. Told baioic
to go home. Baldic refused ana was
obliged to arrest him. Did not abuse
the plaintiff and only did duty as an
officer. Saw Baldic later ana ne
showed no signs of lameness.
Several witnesses testified Tor the
defence. The tenor of their testimony
was that Baldic was in an intoxicated
condition and that he was in sucn
condition that ne ought to have oeen
arrested. The witnesses testifed tna'
Officer Libby did not use undue VIZ
lence.