Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-10-21

atoms above and beneath the eye
brow about three fourths of an inch
| long. Such injuries could not be pro
| duced in any other way than by
| severe blow. Saw Blueberry three
| times; told him he had better not
! work, with the injured state of the
! eye, because If he did he might lose
il. The after effects of the amount of
| smoke testified to in the lookup would
be irritating and enough of it might
| produce a cough
How long would such a cough con-
tinue?" asked Atty. Carleton.
4 couldn't say"
rs Burberry quarrelsome. when he
has been drinking" asked Atty. Will
Hanson on cross examination.
Only with his wife" was the re-
ply.
Mrs. Annie Burbank, half sister of
the plaintiff testified that the defend
ant, Arthur Hall, had drank liquor
In her house on the day of the ar
rest but on eross-examination testi-
fed that he took but two drinks wflel
she treated him and that 1t was EJt
enough to hurt him
John Burberry, father of the plain
tiff. testified that Arthur Hall and Tem
were together III his house on the day
before Christmas. Hall drank two
glasses of whisIey there. Tom. was
fairly drunk and the officer told wit
ness to keep his son at his house
Witness on cross examination said
that Tom told him he was going tot
leave his wife and go to Canada
~
Atty. Williamson in opening for the,
: defence said that Mr.. Hall had been
for some time a deputy sheriff in the
town of Winthrop and aided the To-
cal constables in preserving order. on
the day, in question, quite early in
the morning, Burberry made a dis
turbance in fruit store and Mr. Hall
took Blueberry home but later the
plaintiff became quarrelsome with his
wife and Mr.. Hall took him to his
fathers. In the afternoon the plain
tiff's son informed Mr. Hall that Blue
berry had gone home again and there
was more trouble. While all three
were on the way back to the grand
fathers, Burberry threatened to strike
the boy and when the. officer remon-
strated threatened to strike him also.
Hall then knocked Burberry down,
arrested him and took him to the lock-
up. When Mr.. Hall put Burberry in
the cell he found that the lookup
stove was in bad condition and smok-
ed SO he let the re go down. Later
Burberry complained of being cold
and asked. Arthur FluerrS to build a
| fire which he did.
at Il
| lowed to put on another witness for
the plaintiff that he said he had com
| pletely forgotten. This was Marion
Chernowsky, native of Austro- Hun
gary who was employed as a machin-
| list at Winthrop, He said he went to
the lookup about 1880; Christmas
morning. to'see his friend who was at
| the lookup. Spoke to the friend at the
| window and found the place was fill
| &C with smoke Went to Mr.. Thomp-
son and got him to open the windows
/ and doors and let out the smoke.
Deputy Sheriff Arthur d. Hall Of
| Winthrop, the defendant, testified that
| he was sitting in the hotel, Sunday
| morning, and saw two men coming out
| of the fruit store opposite. holding on
| to Blueberry. Took Blueberry to his
| house and the plaintiff commenced
| calling his wife names. Then took Tom
| down to his fathers house and tolo
| his father to ekep him. Mrs. Burbank
insisted upon his having drink OF
4 whiskey and he took drink, so as
| not to offend her Later Rlueberry told
defendant he was going to leave his
| wife and go to Canada. Blueberry'
son, Joe. about p. M, told defend :
| ant that his father had gone home
| again and was making more trouble at
| the house Defendant tried to prevent
| Burberry from striking the boy and
| Blueberry said, "Tll knock hi out OF
| the 10Y and I'll knock HI out of you,
| and started 10 strike defendant. De-
| fendant then knocked Blueberry down.
handctllfed him and took him to the
| lookup.
Defendant started a fire at the lock-
up and saw that stove was smoking.
| Gave Tom water and helped to battle
! his eve Staid half an hour, trying Il
fix The fire so that stove Wouldn't
| smoke Arrested Polander later and
nut him in the other cell. Several men
followed defendant to the lookup when
he went with the Polander Noticed no
srloke coming from the stove When he
| went out.
Defendant on cross-examination de-
MED that he was at all under the in
fuence of liquor when he arrested
| Blueberry.
you are in the habit of using liquor,
are Won not?'' asked Atty. Carleton.
mo more than usual; no man ever
saw me drunk was the reply.
Counsel Asks to Be Shown.
"show us how you struck Tom with