Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-10-01
Conviction. In the Case
Against Jos. Girard.
Charged With Using a Club
On Conductor.
Sealed Verdict Ordered In Carroll
Assault Case.


the Kennebec superior court was oc-
cupied in the case of State versus john
W. Carroll Of Belgrade, an indictment
returned by the grand jury at this
term for assault and battery armed
with a dangerous weapon on the per-
son of Warren p Cummings at Bel
grade June 10 last. County Attorney
Beane appeared for the State and Dana
r. Foster and Carroll n. Perkins of
Waterville for the respondent.
The defence was a general denial that
the respondent struck the complain
ant.
A number of witnesses from Belgrade
testified that the respondent was
peaceful, truthful and law-abiiing
citizen.
The case was given to the jury at
$50 O'Clock in the afternoon.
Shortly after the Carroll case went
to the jury the case of State versus Jo-
seph Girard of Waterville, an lndic:-
ipent for assault and battery with in
tent to kill armed with a dangerous
weapon on the person of H. A. Wright,
Maine Central freight conductor at
Vassalboro June % last
County Attorney Reane appeared for
the State and Fred w. Clair Of Water
vile for the respondent.
After brief opening by County At
torney Beanc four witnesses were
sworn in behalf of the State and III. A.
Wright, .ne conductor was called to
the stand as the first witness. On the
92nd day of last June the witness drove
the respondent from the freight train
of which he was the conductor. The re-
spOndent threw rocks at the witness
and he also struck the witness with
club, knocking him down and rendering
bin unconscious. The witness at no
time offered or threatened to strike the
respondent.
l.. T.. Spinney of Waterville testified
that on June % last, the day of the
alleged assault he was Il brakeman on
the freight train of which Mr.. Wright
was the conductor. He saw Il man
strike Mr.. Wright over the head with Il
club Telling him to the ground.
Harry T.. Gordon of Waterville testi-
fled that he was the fireman on the
freight train. On June % last at Vas
salboro the witness saw the respondent
strike Conductor Wright over the head
with club. Wright being knocked
down.
On cross examination the witness
testified that he did not know whether
Wright had anything in his hand or
not.
Joseph Girard of Watcrville, the re-
fpondcnt. took the stand in his own
behalf. He testified that he wanted to
go to Watervillc and did not have the
price 50 jumped into box car. The
conductor SwOre at him and he got off
the train but got on again and was
Triven off at VaSSaborO. The cOndUc-
tor pushed him over a banking and the
conductor chased him. The witness said
he has served a term in Jail Tor steal
ing.
On cross-examination the witness
testified that after he struck the con-
ductor he walked to Waterville and was
arrested several days later and at that
time resisted arrest.
IF. A, Wright, the conductor. on re-
direct examination. testified that he
did not strike or attempt to strike the
respondent at any time.
George H. Simpson of Waterville tes
tilted thas he was a deputy sheriff last
Jure and arrested the respondent, who
put up fight and who was assisted by
his brother.
Tne case was given to the jury at
44o O'Clock and at 500 the jury reported.
finding tie respondent guilty of assault
and battery armed with a dangerous
weapon.
Girard was sentenced to serve one
year in the States prison at Thomas
ton.
The jury in the case of state versus
John w. Carroll of Belgrade. indicted
for assault and battery armed with a
dangerous weapon. was ordered to re-
turn sealed verdict at the opening OF
court at $50 o'clock Thursday morn
iEg.
The next case to be heard is that oi
state versus Della Micue and Eva Bur
CESS of Waterville. an indictment found
by the grand jury at this term fol
maintaining a house of ill-fame. Franz
l.. Dutton of Augusta and John E. Mel
son of Waterville will appear as coun-
sci for the respondents.
1t is believed that the criminal docket
viii be completed by Thursday even
ing.