Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1915-04-21
SUPERIOR COURT
Case of State VS.. Edward Fon-
tame of Augusta Comes to
Abrupt End Julian Kit
tredge May Receive
Sentence This
Morning

Julian Kittredge, who pleaded guilty
to the two indictments returned against
him by a special session Of the grand
jury was not sentenced Tuesday morn
ing as had been expected. He will
probably be brought into court early
today to receive sentence at the hands
Of Judge Beane.
The case Of State We. Edward Foun-
taine Of Augusta came to an abrupt
end in the superior court Tuesday
morning after the second witness for
the State had been cross-examined by
Attorney Maher for the defense. 1t had
been alleged that Edward Fountaine
had held a sum Of money amounting
to $3.50 given him in trust to return to
John Gavin, who had lost the sum
while intoxicated, and that the holding
of this sum was ENLIGHTENMENT Justify
ing an indictment for larceny. It rap
idly developed in the testimony of Ga
vim, the loser Of the money, that he
himself was somewhat uncertain about
events preceding and succeeding the
hour at which he came to realize his
little roll was gone.
The second witness for the State, Ell
GEAR Guimont Of Augusta, was unable
to answer certain questions to the
satisfaction OF either the State or the
defense. He was especially incoherent
in his explanation Of the manner in
which he turned over to Fountaine
sum of money belonging to Gavin after
he himself had purchased some ginger
ale for Gavin from this amount. The
addition and subtraction Of amounts
failed to harmonize by financial dis
cord of from SLIPS to s2.25. The State
had expected to show that Guimont
found the money and gave it to Foun-
taine in trust for Gavin
After the witness had become hope
lessly COMPOUNDED in his testimony, a
recess was called; after the recess
County Attorney Fisher announced
that. inasmuch as the witness had
proved unsatisfactory he desired to
make an entry of mol pros. He said that
either before the grand jury or before
the court the witness had failed to
tell the truth as the two stories he
had told did not agree and since the
only the truth he did not wish to go
on further with the case. Judge Beane
assented to this disposal Of the case.
He remarked that the purpose Of such
trials was to prosecute and not to per-
secute and further remarked that in
his judgment one would not have to
look far to find the man who took the
money.
The second criminal case before the
court Tuesday was an assault case
and the respondents We're MANUEL and
Jose Maza Of Hallowell, age II and 20
respectively. These two young men
were charged with assault with a
dangerous weapon with intent to kill
upon Gabriel Gomez of .HaIlowell.
County Attorney Fisher stated that
the State would attempt to show that
Gomez had been set upon. by these
two young Spaniards, the older one
being armed with short handled axe
or Ratchet and the younger with q
small understanding a ball bat-and
knife; that Manuel MaZa had infiict-
ed wound upon the head of Gomez
with the axe: and that Gomez Ameri-
can wife had heroically stood off Jose
Maza who was also bent upon enter
ing the combat.
The principals in the case and the
witnesses were most all Spaniards or
Portuguese and the scene, of the
trouble was in the vicinity Of the
HalloWel quarries. In order to get
some of the testimony a double inter-
probation was at first attempted
Spanish to Portuguese. Portuguese to
English, but later Mrs. Mildred Go
mez. the wife of the injured Gomez.
volunteered to interpret when the ar
ranSement was found to be unsatis-
factory and as a man interested in
the other side of the case was present
to verify her interpretations or object
II they were incorrect, she was ac-
scepted. She proved apparently a very
capable interpreter and it seemed
that she took great care to interpret
faithfully the testimony directed
against the case Of her husband. At
times she was apparently much anus
ed with the answers she received from
the witnesses for Attorney Melvin
Simmons for the defense, either be-
cause of their absurdity or because of
some degree of humor in them, but
with a smile and a defiant little toss Of
her head she each time returned the
answer N a clear firm and willing
voice
There appeared to be two reasons
ascrlbed for the trouble and for the
alleged assault Of the Maza boys upon
Gomez; some trivial trouble over a
dog and the statement that Gomez had
repeated some scandal about a wo-
man in the neighborhood to the wo-
man, saying that the Maza boys had
told him Of it. The alleged assault
was apparently melted by anger over
the loss Of a dog or desire to make
him prove it, regarding the placing
of the source of the scandalous gossip
Mildred Gomez, wife Of the assaulted