Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-09-18

L
FRED +: BEANE. County Attorney.
FRED ". LEE, Stenogralher
Augusta. Sept Il.
The jury in the case of State versus
Henry Obn of Chelsea, an appealed
search and seizure from the decision Of
the Gardiner municipal court. Tuesday
morning. returned a verdict of not
guilty and the respondent was dis
charged. Oliver Il. Clason. ESD, of
Gardiner appeared as counsel for the
respondent. The jury had the case
under consideration five minutes.
The next case to be called was that
Of Stat" versus Ira W. Smith Of Au-
eusta. an Indictment found by the
grand jury at this term for assault
and battery July Is on Annie Smith.
his divorced wife. +. w. Whitehouse.
Esq, of Augusta appeared as the cOun-
sci for the respondent.
Mrs. Annie Smith, the complainant.
testified that Smith was formerly her
husband and she had not lived with
him for long time. Smith came to
her store at ToguS on the afternoon OF
July Il last and asked who ran the
place. She told him that She was the
proprietor of the store and then he
beat, kicked and choked her. She hit
him with soda water bottle. The
respondent kicked in the windows and
tore up things in general. She went
upstairs to change her clothes and the
respondent stole after her. told her she
had to die this time ana threw her
down stairs. Witness hit him again
with I, soda water bottle. the re
r1,, ~
the house of Mrs. Eva Jenncss near
by. She was unconscious for some
time ana was attended by Drs. Lewis
L. Mann and Charles j Lincoln Of
Augusta.
on cross examination by Attorney
Whitnhouse the witness testified that
she was divorced from Smith about
two weeks before the assault. She did
not sell liquor at the store. Smith was
not there when she cam" home on the
day of the assault he did not have a
bottle of rum in his hand and she did
not uphraid the man she had left in
charge for selling liquor to the re-
Spondent She did not strike the re
Spondent first and did not knock him
senseless Smith did not fall on the
floor when She hit him with the soda
water bottle.
The cross examination between At
torney Whitchouse and the witness was
lively and several wordy tits occurred.
Mrs. Eva NJ. Jenness testified that
Mrs Smith lived but a short distance
from her house. On the 18th day of
last July the witness founI Mrs.
Saith living on = bed in the hOus" of
the witness. Mrs. Smith had a cut on
her head ana other injuries and was
unconscious.
on cross examination the witness
said that She did not think that Mrs
Smith HAL been drinking
Dr. Lewis l.. Mann of Augusta tast-
fled that he was called to attend Mrs
Smith on July 18th. Found Mrs
Smith in bed. There was cut on the
head an inch and a half long. another
| cut on the check, her neck and chest
and both arms We're bruised.
| on cross examination the witness
| testified that there We're no indica-
tons that the woman had been drink
| ing Intoxicating liquor.
DR.. Charles ]. Lincoln Of Augusta
corroborated the testimony Of DR.
Mann.
During recess the case Of Ralph L
Tecd 81 HalloWeil, indicted by the
grand jury At this term for an assault
with intent to kill by shooting Percy n
| White at Granite Hill ON the evening
OF May "a last. was taken up. That
part of the indictment, with intent t.
| KILL" was nolle pressed on recon-
| mendation of County Attorney Bc2nt
and the respondent pleaded nolo con
| tendere to assault. T.. NJ. Thompson
Esq. Of Augusta appeared as c"uns"
for tho respondent.
| Percy a White, whom it is all"gc'
| the r. SIon1cnt attempted to shoot, re-
| lated the circumstances as they tran
spir"d on the night in question: II
to the night of the shooting the witness
said. there had never been any trouble
between the witness and the rrSpun
cent He believed that the respondent
had been drinking.
| Attorney Thompson made an carn"S
and eloquent plea for clem"ncy in thu