Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-09-08
SUPERIOR COURT.
Verdict for Defendant in
First Jury Trial.
Special Jurors Called for Sup
ernumaIy Panel.
Possibility that Grand Jury May
Report by Next tuesday.

Report by Next tuesday.
Tie entire time. Thursday, of the
Kennebec superior court was taken up
with the trespass action, INVOLVING
assault and battery,-.of Silvia vs..
Aguair. parties of the Portuguese ma
tfonality and residents OF Augusta, III
" bich a verdict for the defendant was
rendered just before adjournment
The ad damnum demanded by
plaintiff was $500. When tine
two traverse iuries were EN-
pansled at the opening of court. il
was found that on account of ssver-
al of the jurors drawn having beer
excused. but one supernumary nroi
was left. Consequently two srecia
Jurors were summoned from Litcftielt
ard two from Gardiner. to iepor al
10 A. NJ. Thursday. Sept. Il.
1t is not thought that any of the
cases assigned for Friday upon THE
civil docket will come up for trial and
il they do not Judge Beane Will axe
the time for that day to hear any
divorce matters that may bs ready
for his action. One. at least of the
cases in order for Saturday till dc
tried and that is the appeaRd cas-
from the Augusta municipal Surt OF
Moorlen VS.. Colby, involving pm ic-
count for the repair OF an autfnonle
and i'm which a finding was glen for
Tie plaintiff for fun amount h aic
court below. 1t is now though that
there is a possibility of the Igrand
Jury reporting as carly as mex fdes-
day. In that case il is doubtful If the
trying IF tha criminal doekd vii!
occupy more than two weeks.
Tie impaneling of the travefe jul
rors was the first matter rcquiI1s the
attention Of the court, Thursdayncl1i-
ire. Jurors excused were: G. ASki-
lin. Albion; Charles f. Warren. Minis
low Il O. Jones. Winslow; Aulstus
Carey. Watervillc The two juriefwere
made up as follows:
First jury-Sidney D. Martinafar-
diner: 4. w Lane, Vassalboro; lam
ueI r. Grimes. Hallowell; Geort p.
Alien, Chelsea, (foremam; RalG l..
Rocker. Gardiner; w. II. Deaprn.
WaterviIle; E A. Gordon. Readld;
George F. Andrews. Augusta; Cities
C. Morrill,, Augusta: Alvin S. Fder.
Chelsea; Charles +. Rowe, Waterle
Edwin c. Eenson. Oakland.
Second jurv-=W. C. Horn, Farnlg-
dale. Herbert d. Wood. Winthp;
Fred NJ. Fuller Augusta; ThomaF
Cusick. Gardiner. doreman1; ChaAs
f. Warren. Winslow: Clarence D.
Partridge. Augusta: NJ. a. ROLF,
grade: Orren f Farnham. Angus:
r. L. Cove, Waterville; a. C. vii
Fayette; Robert Dudley. Oakland. II
Supernumerary-Ch S. S. Bud'
nam, Hallowell Il
The first case on the civil docke
Lewis VS.. Feliis was entered Meth,
party. This is case where z. 4
Lewis of Farmingdale brought aetio
against w. H. Feltis of Randolph ID
selling personal property and store fl,
lures alleged to have belonged I
Lewis. O. b Clason for Lewis, Wi
C. Atkins for Feltis.
The case of Silvia VS. Aguiar wen
TO trial before the first jury. In thi
case John d. Silvia brings actio
against Antonio Aguiar in the form c
a claim of trespass by assault and bat
terry. The complainant claims that o
Oct. IL. 1910, Aguiar assaulted hir
with Il club and threatened 10 kill him
The defendant contends that he mad
no assault ard if any blows wer
struck they We're in self defense. TIL
l. N ri
sault and battery. the plaintiff seeking
to recover civil damages. NJ. f. Saw
telle appears for the plaintiff an,
Frank q. Harrington for the defend
ant.
The complainant, John ID. Silvia, VIII,
is of the Portuguese nationality an,
speaks English with difficulty. testi
fed that, as he was going, from tn,
house to the yard, he met Aguiar ant
they became involved in an argument
He told Aguiar to keep still when thu
latter started towards him With base
ball bat and struck him over the head
severe wounds that bled pro-
fusely He also testified that the de.
PENDANT drew a knife and threatened
to kill him.
Several witnesses corroborated Sill
.ia's testimony. Including Patrick
who testified to washing
Siivia's wounds when the latter came
to the police station. He noticed quite
a deep cash upon the left side of the
head.
Aguair took the stand in his own be-
half He testified that he did not
strike the plaintiif with a baseball bat
nut hit him with a stick and did that
only after Silvia had pushed him sew
eral times and used abusive language
He then ran back to his house and
Silvia heat upon the door with u stick
testimony was corroborated
~ his brother and several other wit
lesses The case was given to the jury
1t 4 p. NJ, and after being out two
hours verdict was returned for the