Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-12-13
Albert Held for
Jan. Term Superior
Court Assault CHARGE

The case of State VS.. Luc p. Albert
OF the East Madison road. who was
| charged with assault with intent to
kill upon Horace Spear of Lakewood.
age So years was heard before Judge
Elmer w. Sawyer of North Arson at
hearing of the Somerset municipal
court Wednesday afternoon at Skowhe-
gan.
The State was represented by Coun-
ty Attorney James H. Thorne of North
Anson. The States first witness was
Earl Harville. who testified that while
at work on the State road he had heard
Albert say that he would lick Spear if
he did not pay certain bill. Mr..
Spear was the second witness and he
stated that he was in very poor health
and that he had been for the past 50
years. and that on Wednesday, Nov. IS,
| the day before Thanksgiving, he was
going to East Madison, and when near
Alberts home one rein became unfas-
tened and the horse turned into AL
| bert's yard. and that he fixed the rein
and talked with Mr.. Albert and offered
to pay him for the storage of some
things which he had left there when
he and some men who were numbering
for him in that section had boarded
with Mr.. and Mrs. Albert.
He stated that Mr. Albert knew that
he was not we'll. but that when he had
boarded there the family had been very
kind to him. Mr.. Spear said that Mr.
Albert had never presented him with
bill of $50 for board; that as he start
I ed to drive away, Albert dra gged him
cut of the wagon, cholled him and
| threw him and jumped on his stomach
and said that eff you don't pay me
will murder you: I will kill YOU" and
hot he bot
came to the door and screamed. Mr.
Spear said that Albert told him not
to come back that way unless he paid
| the bill.
When Mr.. Spear got w he found
that his horse had walked away. 1t
was returned to him by Albert's hired
man, and he drove to East Madison. He
said that he has been able to sit up
but little since and that part of the
time he has been confined to his bed.
DR.. l.. A. Dascombe. who attended
Spear, was callGl and said that he
| made several calls and that he found
him very sore and lame and suffering
| considerable pain. but finding no broken
bone and no evidence of organic in
| juries. and so far no evidence of inter-
| nal injury.
The defense was opened by Attorney
| w. Folsom Merrill of Merrill &, Merrill,
Skowhegan. and Mr.. Albert was tho
third witness called. He admitted to
| drawing Spear from the wagon and
| holding him down. but said he did not
| say he would kill CIR murder him and
that he did not then or at any other
| time intend to do so. He did say that
he would lick him, and lick him bad
| if he did not pay the bill.
| Mrs. Albert was called and said that
| she went to the door and shouted to
! her husband do not lick him or he
| will have you arrested" John Dew
! Four, who Is employed by Albert, was
called and said that he did not hear
! the conversation, but that he got
Spears horse and brought him bacl;
| to him.
DIR. Walter s. stinch1eld. who. with
| Drs. Dascombe and Young, called on
! Spear on Saturday, Dec. 8, stated that
he found no broken bones and no evil
| dence of organic injuries, and in his
opinion no evidence of internal inju-
| ries. DR.. George E. Young was the
last witness, and he gave a record of
the examination made by the three
| doctors and said that there was no di-
rect evidence of blows on the face, but
! that Spears general condition was