Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-05-11
The Thomas Cousins Each
Fined Dollar and Costs
For Forclb|y Ejecting James
Faulkner from Their Place.
Faulkner Unable 10 Attend Court.
Thomas Brothers Appeal.

unable to be present in court. The &C
ton arose from the alleged ejectment
of Faulkner from the shoe shining
stand conducted by the Thomases at 236
Water street, it being alleged that
Faulkner was intoxicated and that he
refused to leave the establishment
when requested to do so by the re-
spondents; that he obstructed the eff
forts of George Thomas to secure the
services of a police officer and that he
was then thrown bodily onto the side
walk, striking on his head and rem
dering him insensble. The court found
the respondents guilty Of assault and
battery, but took cognizance of miti-
eating circumstances and fined them
each 81 and costs amounting to SILL
They appealed and their counsel, G. w.
Heselton. went their sureties in the
SUN Of $50 each for their appearance in
the Kennebec superior court the first
Tuesday in September.
Ihe affair occasioned intense excite
ment, as was shown by the attendance
at the trial, the court room being
packed almost to suffocatiOn. The ses-
SIGN of the court was postponed from
3 A. M. to 9 P. NJ Monday for the con-
and promptiy at the last named hour
the trial began.
The first witness was Warren Rey-
nolds, who was inside the shoe shining
stand at the time of the alleged af-
fray He testified that Faulkner was in
an intoxicated condition and that he
mad been asked repeatedly to go out by
both Of the proprietors Faulkner was
wit
was pushed out, and no more force was
used than was necessary. "He wouldn't
let the fellows go out and get po-
liceman'' said Reynolds. Cross exam
ined by Attorney Heselton. the witness
stated that Faulkner fell over in the
room once, some time before an at
tempt was made to put him out, and
that the Thomas boys helped him up.
He asked one of the Greeks for light.
Faulkner was in an ugly mood.
Mrs Beatrice s.. Eolbrook of Halo
well said that she was walking on the
east side of Water street nearly oppo-
site the shoe shining stand. She saw
a man come through the door. Could
not identify anyone in the room behind
him. Her attention was attracted by
the crash Of glass when his hand went
through the window. Il saw two men
chuck another man onto the sidewalk.
They deliberately threw him out of the
door" said the witness. Clinton C..
Sncll said he was standing on the
street. He heard tine breaking of the
glass in the door of the shoe shining
stand and looked up in time to see
Faulkner come through the door. He
was thrown out like a bag or bundle,
tie witness said. He came through the
door and struck on his bead.
RAY Shepard was on the street about
IN front of Davenport's jewelry store.
He testified that he CHANGED to look up
the street and saw somebody coming
through the door-pitched out-and
strike on his head on the sidewalk.
C-oss-examined by Mr.. Heselton the
witness said that he saw no one follow
Faulkner out. 1t was something more
than stumbling.
=. Bailey was standing on the corner
occupied by Beane's drug store. Heard
crash and saw Faulkner thrown out
of the door "diagonally." He adopted
the description of previous witness
that Faulkner came out of the door like
bag or q bundle The man was picked
up and thrown out, but the witness
did rot see the parties who did 1t. On
crosse examination he said that he could
not tell whether or not Faulkner was
drunk as he was unconscious when
the witness reached the place where he
lay on the sidewalk.
A. j. Burns made the best witness for
the prosecution. He was on the street
by the Tyler store. Heard the glass IN
the door when it was smashed. 'They
L. fnll 40 G
mast have been picked up and thrown
out. for he hit his head on the sidewalk
first" The witness said that Faulkner
rolled over after he struck. Quivered
couple. of times. and then lay still. The
witness hurried across the street and
when he saw the whites of the mans
eyes thought that he was dead. Refer
ring to the Thomas cousins, the witness
said that they stood and looked at
Faulkner but never offered to pick
him up.
Warren re ynolds. recalled by Attor-
ney. Heselton, said, that one-haf OF the
double door was open. He could not say
whether or not Faulkner chung to the
door While ne Was being elected.
No evidence was offered as to the
present condition of Faulkner. the
prosecution closing its evidence at this
point
For the defence, George Thomas. one
of the respondents. was the first to
take the stand He said that he is one
Of the proprietors of the shoe SHINING
stand and that his cousin. Wlliian'
Thomas, is the other proprietor
The story told by the respondent was
clean and straightforward one, ana
made a good impression on the court
Faulkner first appeared at O'Clock
Sunday morning, but witness did mol
think he was drunk at that time
Faulkner went away after belns
around about half an hour and cams
back at about II o'clock. He began u
drink in front of the window from
pint bottle and the witness asked nm
to stop. The witness told Faulkner tha'
ne wanted to close up so that he coui9
get, his dinner. Faulkner replied tina
he had had his own dinner and did no
xv-l,e< Il, ,,,;k rot nor