Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-10-03

FRED L. BEANIE. County ATTORNEY.
FRED ". LEE. StenoSrapher.
Augusta, Oct. 2.
Zebard Hysom of Waterville lndict-
ed for assault with intent TO XIII, the
assault having been made upon MS
third wife, Alice HysOm, at WaterVllic,
Feb 1e. 1907. was found guilty OF as
sault with a dangerous weapon today.
Judge Hall sentenced Hysom to one
year at hard labor in Jail. The. jury was
cut from sos until GO Tuesday even
ing and handed in its verdict Wednes-
day morning upon the opening of court
1t had been a hard trial. an eXactinS
one and one which had brought forth
the best efforts of County Attorney
Fred Emery Became and the counsel TOT
the defence. Senator L. M. Staples OF
Washington. The defence was that OF
insanity and the case abounded in pa
thctic interest and sharp battles. Mr.
Beane'S argument, in which he SAID
that his duty was more eXactng than
the feelings of his heart. was one OF the
strongest that he has ever made be-
fore u Jury Senator Staples, too, was
clouuert and had the material for elo-
uueEcc. an aged man. whom he said.
was insane, the children of that man
believing firmly in his insanity and
seated weeping in the court room. III
was Il dramatic case.
In RAISING sentence Judge Hall said:
'rhcre are two or three things that
mitigate somewhat the sentence in this
case. One is the age of the respondent:
another is the fact that he has hitherto
borne a good record, so far as appears
= Il. ,.,T
ana thirdly. he was a faithful soldier
in the Civil War. All of these things.
think. ought to be taken into consider
alton in mitigation of his sentence.
''There is another fact which bears
hard upon my sympathies in this case.
and that is the family; especially the
boy who has testified here. l think it
might be a cloud upon his life to have
his father in States prison. That bearf
upon my sympathies. but should not
be the controlling influence in a case
of this sort.
And inasmuch rs the statute gives
me the discretion to send him to
States prison or to Jail. but for not less
than one year. and considering the fact
that he has already been confined four
or five months, / conclude to give him
in this instance Jail sentence. /
think that in this case I must also re-
quire the respondent to give bonds to
keep the peace towards all persons,
and especially towards Anice NJ. Hy-
som, for the term of two years after
the expira ton of his term in JAIL
AT the close Of the Hysom case Ed
ward Boiler Of Gardiner, indicted with
Harry Jones for liquor nuisance. was
called. The case was tried before
drawn jury of which Rufus Maxwell
of Litchfield was appointed foreman.
Will Atkins appeared for the defence.
City Marshal Frank Andrews of
Gardner testified to searching Boiler
& Jones place Aug. ,, during the noon
hour and finding a man in the office
unpacking lager beer. and also Secur-
ing some whislley in pitcher from be-
hind the bar. Men had been seen going
in and out Of the place intoxicated. Mr..
Atkins objected to introduction of the
analysis of the beer on the ground
that no connection had been shown
between the beer and his client. Objec-
ton was sustained.
Other officers substantiated this tes-
timOny for the State.
Harry Jones testified for the defence
that Boiler was not in his employ on
Aug and had only done some odd
jobs for him. On Aug. 2, Jones said.
Boiler was packing some beer for him
as a favor while Jones was out to
lunch. Jones said Boiler was there for
only a short while.
County Attorney Beane brought out
the fact that Boiler was working for
Jones more or less for some time
Boiler told the same story, as did
Other witnesses for the defence.
When the defence rested Mr.. Beane
asked the defence to admit Harry
Jones court record as to conviction for
selling liquors
The jury was out over an hour and
then brought in a verdict Of guilty.
Boiler was sentenced to pay a fine of
500 and costs and in default Of pay
ment to pass three months in Jail.
John Kinds of Winchester. Mass,
charged with assault and battery upon
Archie Tripannier in Augusta Aug. Is
was the next defendant before the court
ana the last of the criminal docket for
this term of court. f. w. Whitehouse
appeared for the defence
Archie Tripannier testified that he
| met Kinds and others and Kinds
| asked him for a drink. Tripannier said
| he had none and two of his friends
pushed Kinds away. In the fight which
followed Kinds hit him and knocked
| him down. Did not know whether
Kinds had Il knife, but his face was
cut.
Officer Marshal Pomerleau testified
regarding arresting Kinds and finding
a krlfe on him but no liquor
Kinds said on the stand that he and
| Others met three men. one of whom
| took hold of his shoulder. There was a
| general fight. Kinds struck out and
hit one Of the three. but did not know
which one. Was arrested. Did not use
n knife.
| Court adjourned until 40 this after
noon.