Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-04-10

Ira w. Smith of Augusta was found
guilty on an indictment charging him
with assault on his wife; and FRANK
Cardinal Of Togus was found guilty o.
maintaining liquor nuisance in the
superior court Tuesday. Both remand
cd to Jail for sentence.
The Cardinal case was rather inter-
esting in that one Of the witnesses was
ToguS veteran wh0 had been piled
with liquor until he was nearly help
less and was thrown out of doors to
freeze. He was rescued by officers
from the Home and told his story to
them. He was then summoned into
court to repeat ii before a jury
The Hopkins case will come up early
Wednesday morning.
The second case to come to trial in
the superior court at the April term
now iii session, was that of Ira w
smith of Augusta, charged with as
sault and battery on his wife Frank
l.. Dutton of Augusta was counsel for
the defence
Mrs. Annie Smith and DIR. Lincoln
We're called for the State by County
Attorney Beane. after a brief address
to the jury. Mrs. Smith took the
stand first. She testified that she was
now living at Togus. though she lived
with Mr. Smith at PettcngiIrs Corner,
last February.
Mrs. Smiths story was rather in
teresting. She said that her husband
went to place which she did not
think was exactly fit for a married
man to visit. When she demonstrated
with him, she said that he took her by
the throat bumped her head against
the wall and otherwise maltreated her
she was later taken to the City hOspi-
tai as result of her injuries In
response to questions it developed that
Mrs. Smith was unconscious for some
time and that she still suffers from the
effect of the blows. The children were
present at the time Of the assault.
In DISCRIMINATION Attorney
Dutton brought out the fact that thr
witness and respondent had lived
happily during the first part Of their
married life aud that during I'll" latter
part she had been in the City hospital
three times. When pressed for the
cause. the witness declined to answer.
Attorney Dutt0n asked where the wit
ness has been stayin. at Togus. She
answered that she was STAYING at
Marshall Smiths at tn" s3ow pinw.
This line of argument was Objected to
$trenuously Ivy County Attorney Rrauc
but it was admitted. Mr.. button then
asked if Sh" WAS thor" when Il raid
was made by Augusta officers. She
answered in the ALTERNATIVES. Asked
whether or not she was one Of those
arrested 1T that TING. The question
u.1it nf,
Further questions developed the fact
that the husband had objected to the
conduct of the wife and vice versa.
The witness denied using ANY
household implement to attack" her
husband.
There were some further questions
asked AS to whether the witness had
ever had spells of going into Mysteries.
laying down on the floor and thrcshinG
round. II was asked whether letters
from the mother and sister did not
provoke some such outburst. 1t
developed that the mother was coming
over from Ireland and give Smith "a
talking to-
The witness denied having any spells
of any kind until she was assaulted.
DIR. Lincoln testified that when he ar
rived at the house Smiths sister was
there. Mrs. Smith was on the couch,
there were certain scratches and bruis
IS on the woman's face and that She
was in Il very bad nervous state.
DR.. Lincoln stated that Mrs. Smith
said that she was "hurt awfully" and
that she related the story Of the as
sault to him. The doctor stated. in
answer to a hypothetical question pro-
Ipl l,,-
that he would expect to find her in the
condition in which she was as Il result
of an assault.
In cross examination it was brought
out that the injuries consisted of a
scratch on the face about three inches
in length and one bruise on the wo
mans side.
A short recess was taken at this
point.
Ira w. Smith. the respondent, was
tho only witness called by the defence.
His story was rather vivid and was
made lurid with picturesque profanity
alleged to have been used by his wife.
H. related that she took him to task
for going to a house of ill-fame and
then she went into fit of Mysteries.
tearing her hair and rolling on the
away from her and placing her on
couch and holding her there.
The witness declared that he did not
choke her or strike her and that If she
received a wound in the abdomen it
was when she threw herself on the
floor, ca rrying him with her.
The G. oss-examnation was brief.
During its progress the respondent de-
clared emphatically that he did not lay
violent hands on his wife on the day in
question.
The jury in the Ira w. Smith case
heard the charge of Judge Hall after the
noon recess and then retired to the jury
room. A verdict of guilty was return
ed within short time. Smith was re-
manded to Jail for sentence.
Olivier Bernard OF Waterville, who &C.
fauited his bond on search and seizure
Indictment was surrendered into court
by Attorney Clair of Waterville and was
taken over to the Jail.
The next case to be taken up was thar