Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-07-25
HOLD La FOUNTAIN
FOR SUPERIOR COURT
ON LIQUOR CHARGE

" - =
/ Alex LaFountain Of North vassal-
boro was bound over to the superior
court yesterday afternoon by Judge
Charles w. Atchley Of the Waterville
municipal court. who found probable
cause against the respondent on a
charging Of driving an automobile I'M
der the influence Of intoxicating liquor
on the Hahn Mile road between Rey-
nolds road and Palmer's Corner in
| Winslow on Sunday afternoon, July
! 20. Bonds in the sum CT $500 were fur
nished for his appearance at the Sep
! TENDER term. Deputy Sheriff Charles
Harrington made the arrest and Chief
| Of Police William II. Murray was the
| complainant. The plea was not guilty.
The case opened about II A. NJ. F.
| tain, waived the reading of hte warrant.
| The first witness was DR.. Walter W.
Hende of North Vassalboro, who was
| a witness for the defence but appeared
| first in order that he could be releas-
| ed from court. He said that he was
| called on July 20 about P. NJ. to treat
| LaFountain for a bruise over the left
| eye and an injured knee. He said that
LaFountain's breath smelled of liquor
Calvin York Of Winslow was the
| first to go on the stand for the state.
He had known LaFountain for about
year. The respondent came up to his
home in an automobile and when he
tried to drive in took up the whole
| dooryard. He asked to see his baby,
referring to Mr.. York's baby who was
born in Mr.. LaFountain's house a
| short time before. Mr. York told La
| Fountain not to be in the house and
! LaFountain reached in his pocket ap-
parently for a knife and threatened
| York. York slapped LaFountain.
knocking him off the piazza and then
followed him and kicked him. He said
that LaFountain got up and went to
his car staggering as If he was in
| toxicated.
| In the cross-examination York stat
ed that he kicked LaFountain hard
enough so he Calculated for him to
remember it."
Orlando Gage, with whom Mr.. and
Mrs. York were making their home.
said that LaF'ountain was staggering
when he came into the dooryard. He
had seen good many drunken men and
he believed that the respondent was in
| toxicated. He saw York hit LaFoun-
tain with his open hand.
! Carroll Wood testified that he rode
from his home to Mr.. Cages house
with LaFountain and did not notice
that he was drunk. He drove the car
away as the respondent did not seem
able to after York had struck and
kicked him. He noticed that LaFoun-
tain acted queerly and he seemed to
limp after the encounter.
In the cross examination Mr.. Wood
said that LaFountain said that he
wanted to see his baby but he be-
lieved that LaFountain said 1t in a
s@I, nrV
mean 1t was his baby. LaFountain
complained to Wood that his leg
was broken as they were leaving.
York told Wood the history of the
trouble he had had with LaFoun-
tain afterwards. LaFountain seemed
to talk lot and was very good
natured.
James McQuillan of Winslow said
that Alex came to his house early in
the afternoon and started an argu-
ment and he drove him away. He
thought that the respondent had been
drinking for he was pretty clipper"
that York had a reputation for quar-
reling. He did not want anything to
do with liquor or with anyone having
liquor about them. AS it was past
noon court adjourned until 2 o'clock
when the witnesses for the defense
were called as the States witnesses
had all been on the stand.
The defense opened at 2 P. NJ.
with Alev LaFountain as the first
witness. Mr.. LaFountain testified
that he knew Calvin York and tina
he had never had any trouble with
him previous to Sunday. excepting
one time when LaFountain put up q
building on his land. He said that
until, Sunday, he had thought that
the complainant was friendly enough
as they had been on speaking terms
for some time.
He testified that he had not touch
ed drop of intoxicating liquor for
over six months. He testified to
calling at the York home Sunday and
said that he drove there in his car
and left it at the side of the road and
went up towards the house and asked
ito see our baby" He said that
\ York declared that the child was
asleep and then as he turned to
leave, York struck him a powerful
blow in the left eye, knocking him to
the ground and then when he tried
to get back onto his feet, York at
tackled him again and kicked him
several times. He exhibited a black
, eye as testimonial.
The respondent further testified
that he attempted to drive hfs cal
, home but that his leg was injured
and he could not push the clutch out
After he reached his home he said
Z tat he laid down on a blanket and
soon went to bed. He testified tC
using camphor on his injured leg
and other parts of the body where
he was bruised.
The next witness was John Poul-
iotte Is year old boy who lives neal
the home of Mr.. LaFountain in
) Winslow. He testified that he was q
friend of the respondent, and was
in the habit of going to his home
about every day, either on errands
or to help him repair the automo-
bile. He said that sometimes Mr.
LeFountain gave him a ride in the
car. He testified to going to the
home Monday night and said that
besides the respondent and himself
Mr.! Barney and Mr. Wood were
. present. He related that Wood told
LaFountain that York had threaten
ed to Get Him" If he refused to
testify that the respondent was driv-
ing a car under the influence of in
toxicating liquor. The men talked
for some time. the boy testified, and
: the conversation mostly concerned
the assault on Sunday.
George r. Smith, another citizen
of Winslow took the stand and tes-
titled to seeing Mr.. LaFountain
, driving a car on Sunday afternoon,
but the witness declared he was
: positive that the respondent was not
intoxicated. Later he said that
someone came to his house and ask
ed him to telephone for a certain
doctor but as he could not secure
~ ,~1