Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1925-06-11
APPEALS FROM
SENTENCE ASSAULT
BATTERY CHARGE

AS an outcome Of brawl on
Water street last Sunday evening.
Fred King, aged %, was found guilty
when he was tried in the Waterville
municipal court yesterday afternoon
before Judge Charles w. Atchley on
a charge of assault and battery
against Frank Vachon, aged about 40
years. The respondent was sem
fenced to pay a fine of SIS and costs
or to serve 30 days in Jail. An APP
peal was entered and bonds of $500
were furnished for appearance be-
fore the September term of the
Kennebec county superior court.
In sentencing the defendant Judge
Atchley said that the court had in
the past had considerable difficulty
with the two disputants in the case,
Vachon and Joe King, father of Fred,
and he added that If the two men
had been conducting themselves as
they should have been last Sunday
evening the case would never have
been in court. The judge spoke of
the 20 years feud that has existed
between Vachon and King and he
said that, according to his opinion,
no provocation gives a man the
right to take the law into his own
hands, especially on the Sabbath and
such procedure was not to be toler-
ated by the court.
If it had been in his jurisdiction,
Judge Atchley said he would have
punished the older Mr.. King and
Vachon, as we'll as the defendant.
He said that, although he was not
going to give King a severe sentence,
if ever again a man appeared in the
court for violating the peace on
Sunday, things would not go SO easy
with him.
The State was represented by
Raymond Rogers, while James Boyle
was attorney for the defense.
Vachon, the first witness for the
State, saidSthat he had not tried to
start the fight in which Fred King
severely lacerated his face. He said
that the defendants father had been
picking" on him during the whole
afternoon and when. about Z O'Clock
Sunday evening, he and Joe King
were arguing on Water street, Fred
King came from his drug store, roll
ed up his shirt sleeves and opened
his attack. Vachon said that he
put up no defense at all during the
brawl' and that the first thing he
knew his nose was cut and he was
bleeding badly. Vachon, according
to his story, fell on his hands and
knees and King fell on top of him,
hitting him in the face several times.
During the fight, the witness said,
the defendants father looked on and
urged him to kill Vachon, saying he
would pay the bill.
In cross examination Nachon ad-
mltted that he had had five or six
drinks of beer that day but not
enough to put him in an intoxi-
Gated condition. The last time he
had fought with Joe King, he said,
was about two years ago, although
there had been hard feelings between
the two men for the last 81 years.
DR.. Blynn o. Goodrich testified
that he was called to the police sta
ton about o'clock Sunday night to
treat Vachon's wounds. The doctor
said that the plaintiff was smeared
with blood, that he had surface cut
over his eye, which required three
stitches and badly blackened eye.
Vachon's ribs were also bruised, DR..
Goodrich said, but he was unable to
tell how badly so early in the case.
Paul Sandy who lives at 20 King
street told the court that between 6
and Z o'clock he was standing near
the drug store and heard Joe King
and Vachon arguing in loud tones
and he said they were calling each
other names. Sandy said that he
heard Vachon tell King to keep quiet
and leave him alone and at this
point Fred King came out and struck
Vachon without saying anything.
According to the witness, Joe King
said he did not want to fight and
that twice the father pushed his son
back from closing in on Vachon. The
fathers words, during the fight, San
dy said, were: Eat him up, eat him
up. Nows your chance. I'll pay the
bills" The witness said that Vachon
did not defend himself or cry out for
help.
Fred Miehaud Of 100 Water street
was the last witness for the state
and his testimony was largely IN
corroborat ton of that of those who
preceded him.
Fred King was the first to take the
stand for the defense. He said that
he had just returned to his store