Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-06-15
SUPERIOR COURT.
Kennebec ss--June Term, Fred Emery
Beane, Justice Presiding.
Waterville, June /

WaterVille, June Il.
Court came in at $50 o'clock, this
morning. according to adjournment.
The first case in order for trial was
No. 329, Mary Balduc VS.. Samuel Err
win. Fred w. Clair, ESQ, for plaintiff
and John f. Nelson, Esq, and c. w.
Hussey Esq. for defendant. Both
parties live in Wateryille.
This was an action of tort in which
the plaintiff. Mrs. Mary Balduc (also
known as Mrs. Burgess) seeks to re-
cover from the defendant the sum of
$500. The action was based on an al
legged assault upon the plaintiff in her
home the sixth day of November. 1911.
The plaintiff testified that the de-
PENDANT and her brother law, one
Pooler came to her home in an in
toxicated condition, bringing liquor
with them. The liquor was placed up
on a table under the protest of plain
tiff, and Pooler went out to get the
husband of plaintiff. Mrs. Balduc
was knitting at a table, when suddenly
the defendant. who had been sitting
down in chair, was on to her" She
said she had to guard the lamp on the
table close by her, and repulse Erwin
near falling, but she succeeded in
pushing Erwin away and he fell down.
When he got up she told him TO get
out, but he again sat down. A little
later she said he got up again and at
tempted to take her by the arm and
get her to bed. She again repulsed
him, and just at that moment her hus-
band returned home and she told him
to put him out right away"
He was taken out by the husband.
but the husband was not told at that
time what had occurred. Plaintiff
waited until the defendant was over
his spree, then said she went to his
place of business to see him about X.
When she arrived there the wife WAS
at nome and she said nothing to de-
PENDANT. A little later she saw him.
talked with him some, and then told
her husband and went to her lawyer
and this action resulted.
The husband of plaintiff testified as
to what lie saw of defendants condi-
tor, and what he did in the matter
The defendant testified that he went
to the house of plaintiff on her invita-
ton. with Pooler. and there had two
drinks of liquor that he and Pooler
took there. He said he sat down in a
chair while Pooler went after Mr.. Bal
dus, and that he was awakened by
Mrs Ralduc pulling her hand out Of
his pocket, and that $3.50 he had in his
pocket was gone. 1t appeared. later on
in the case, that he had not said any
thing about this loss of money to the
plaintiff or hire husband. Defendant
also stated that he drank more liquor
after he woke up, and that 1t gagged
him and he vomited on the floor. He
denied very positively making any as
sault upon the plaintiff, and claimed
that she did not complain of any as
sault when she talked with him about
| the matter. later on
Verdict for plaintiff in the sum OF
$50.
The following cases now stand on
| tomorrow's list:
243. Rudman ct ais. VS.. Ninan & Tr
Clair; Johnson & Perkins.
| 1856. Denis VS.. Desrosibie Clair
| All. Bryall VS.. Hunter. Nelson; Chap
| man.
461. Timber VS.. Piachuch. Clair; Ma
| thieu.
465. Goodrich VS.. Allen Bridges; Hus-
| sey.
404.Strout Farm Agency VS.. Bradbury
Williamson, B. & NJ; w. J. Gilpat.
| rick.