Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1918-04-17
SUPERIOR court
Verdict of Guilty IN
State VS.. Pelletier
Respondent Is Convicted Of Assault
And Battery Upon Capoia M. Hoyt
Of WaterviIIe, and Is Given Sen
tenee-CIayton Darby Is Sent to
State Prison for Assault.

SSaSe Prison TOR Assault.
The jury was only a short time in
bringing in the verdict guilty at
Tuesdays session Of the superior
court in the final case for trial at the
term, that of State VS.. Edgar Pelletier
of Waterville, alias Edgar Pelkey. for
assault and battery on the person of
Capola M Hoyt of Waterville on
March 9 at Waterville. Judge Beam
imposed sentence upon the respon-
dent of fine of $50 and costs of 800
or six months in Jail. The respondent
paid.
State VS.. Clayton Darby
The only other criminal case be-
fore the court during the day was
that of State VS.. Clayton Darby Ct
Augusta, in which there was no trial.
At the January term Of the court an
indictment was returned charging
Darby with an assault on Sept. e.,
1917. upon c. u. Hanks Of Augusta.
Respondent had pleaded guilty to the
charge, but his attorney, 5. l.. FOgS
of this city, had withdrawn respon-
dents plea and filed a motion that
respondent be committed to the Au-
pusta State hospital for observation.
he motion was granted by Judge
Beane at the January term and since
that time Darby has been at that in
stitution for observation.
At the Tuesday session Darby. rep
resented by Attorney Fogg. entered
the plea of nolo contendere and sem
tence was imposed by Judge Beane
of not less than one nor more than
two years at the State prison.
State vs.. Pelletier
John E. Nelson of the law firm of
Andrews & Nelson, appeared for the
respondent in the case Of State VS..
Pelletier.
In opening the case County Attor-
ney w. H. Fisher stated that the
State expected to prove that PelletleE,
an agent for the Singer Sewing Ma
chine Co.. on March 9 last. went 10
the home Of Mrs. Capola M. Hoyt ut
Waterville, Mrs. Hoyt previously
having had some transaction regard
ing the purchase Of sewing machine
and motor According to the State,
Pelletier went to that house for the
purpose of taking Mrs. Hoyt's sew
ing machine and that in controVer-
sy over the matter of the lease the
respondent pushed Mrs. Hoyt. who
was lame, in such a manner that she
fell over a couch and against the sew
ing machine and was injured.
The first witness in the case was
H. Hastings Hoyt of Waterville. hus-
band Of Capola NJ. Hoyt. He testified
that on March 9 they had in their
home a sewing machine and motor
which they had purchased from Ri
ley Davis, the former agent of the
Singer Co. at Waterville. On March
last at about 10 A. NJ. witness had
been called home and found his wife
very nervous and suffering with a
severe pain in her back. He had cali
ed Or. Brown to attend her and Mrs..
Pray also came over to the house
Mrs. Hayt was a cripple, but her
health had been very good up to that
time.
Mrs. Capola NJ Hoyt testified to Pei
letter calling at the house on the date
alleged at about 10 o'clock in the fore
noon. She testified to a controversy
that had arisen between them over the
matter of the payments and she sprang
to take her receipts, which Pelletler
had crumpled up in his hand. Witness
testified that Pelletier had pushed her
and she had fallen back upon the sew
ing machine, after which Pelletler had
gone out, saying he would send sher-
iff after the machine. She testified that
the injury which she received on her
right hip had caused her great pain
and that she is not well now and con-
tinues to suffer. She was cripple. but
previous to this injury her health had
been good.
Mrs. Emma Pray of Waterville said
she had been called to the house about
10. 30 that morning and found Mrs. Hoyt
crying and disturbed. complaining about
being injured in the back.
DR.. Nora Brown, osteopathic physi-
clan, and Dr. NJ. S. Goodrich of Water
Vile testified regarding Mrs. Hoyts in
jury. DR.. Brown stated that 1t was
still very sensitive and swollen and
that Mrs. Hoyt certainly had suffered
from it, had lost in weight and has no
appetite. DR.. Goodrich stated that he
fould the hip swollen and Mrs. Hoyt
was apparently in good deal OF pain.
and he described the treatment he had
ordered for her.
Defense
The defense admitted that Pelletier
had gone to Mrs. Hoyts home on the
day in question, but denied that there
had been any trouble between the re-
spondent and Mrs. Hoyt and denied
that Pelletier had in any way assault
ed Mrs. Hoyt or had even touched her.
The respondent. Edgar Pelletier, tes-
titled that he had gone to the home of
Mrs. Hoyt because she had not been
making payments for the sewing ma
chine. Mrs. Hoyt had complained of
her rheumatism that day and had said
she was glad Pelletier had come for her
sewing machine was not working. He
had taken the machine and started to go
away when she called him back and
had then said to her You have paid
SIG" He had then said Good day" and
departed. He had not touched or
threatened Mrs. Hoyt
Upon cross-eXamlnation Pelletier said
that while he was at the house Mrs.
Hoyt did not fall over or become in
jured in any way. The next Saturday
he had been arrested and taken before
the municipal court at Waterville.
Regarding Pelletier's good reputation
in the community in which he lived.