Daily Kennebec journal., 1925-08-26
Law COURT DENIES
new TRIAL FOR
BIDDEFORD Man
Sentence In Assault And Stab
bing Case Against Pap
azian Stands

down reScrlpt al eAo m. - ,io n
convicted of assault with Intent 10
kin. denying his appeal ana eNihs
judgment for the State. - ,,,
The rescript, which was drawn oy
Associate Justice Charles r. barnes
of Houlton, is as follows: - ~.
In the city of Biddeford, IN Ine
of 1921 1924, strike of the work
men of a corporation employing
foundrymen and iron moulders ana
persistent effort to break the strike
and keep q crew at work were Al
progress. Among the agents EN-
ployed by the manufacturer was the
respondent, George Papazian, an IN
zen, 20 years of age. who by virtue OF
his education and ability SO 10
serve had for several years, to ana
Including the day of the assault for
which he was indicted, been EN-
ployed by different manufacturlng
concerns, in New England and New
York, to obtain laborers, as needed;
and in the city of Biddeford, at the
time of the assault, to procure strike
breakers, at times to serve as inter-
prefer for them, and to conduct
boarding house, on Main street,
where such laborers were lodged ana
boarded.
Charles Manoogin, the man who
was stabbed, Is also an Armenian
born, American citizen, who had
known respondent before coming to
Maine, and who arrived in Biddeford
in the fall of 1923, whether procur-
ed by respondent or not being In dis
put, and worked as a moulder's
helper for the strike-affected COM
pany from October ? until December
%, when the shop closed for ten
days. Manoogin then left Biddeford
for a time, but returned to that city
and his former employment the last
of the month, and was discharged on
January 2, the day of the assault.
During his last stay in Biddeford
Manoogin did not live at respon-
dents hotel.
The stabbing was done in the
early evening, almost directly in
front of respondents hotel. The vic
tim was clothed, above the waist in
shirts, vest, coat, overcoat and muf-
fer; the, respondent was lightly clad,
wearing no overcoat, but he had
armed himself with knife, which
jury. and by the justice in his charge
termed "a dangerous weapon"
There was a vicious. personal en-
counter. ending as respondent
thrust his knife into Manoogin's neck
| and f1ed-to Portland and Dover,
where he was arrested and return
ed to Biddeford.
appealed. In determining his appeal
from the overruling of the motion
for a new trial. addressed to the
presiding justice, urging that the
verdict Is against the evidence, and
the weight thereof. this court has to
decide only the single question.
whether after maturely and fairly
M Cd n arfx, 4 1,n 4fr~I,< It
cy OF the evidence, with all the cir
cumstances attending, the jury were
warranted In believing beyond a rea-
sonable doubt, and therefore In de-
claring by their verdict, that the res
pondent was guilty of the crime
charged against him.
Manoogin could present to the
Jury no eyewitnesses of. the affray,
for, as he testified. it took place on
the sidewalk in front of respondent s
motel, and there was nobody by ex-
, cept an accomplice of respondent,
The respondent and his witnesses
represent Manoogin as a dull, moody
! fellow, brooding over his failure to
receive moulder's pay, charging his
cherishing a growing dislike for the
Respondent testified that Manoog-
in was discharged in the Afternoon.
| and that thereafter, about five
O'Clock, when they chanced to meet
In a coffee house, Manoogin used in
sulting epithets in addressing him.
His version of the lawless encounter
Is that the two met, almost at res
| pondent's door, that he fed. not to
the shelter of his home, but out
into the street and across It; that
Manoogin overlook him, overpower-
ed him. and that while Manoogin
had him down, in the snow of the
! street, and was proceeding to choke
him. he whipped out the knife and
made a thrust with it, in self de-
A fair trial was accorded respon-
dent, the jury heard both versions
or the story. saw the witnesses, the
bloody clothing of the victim. the
unstained glove worn on the hand
that dealt the blow, and possibly
much that the printed record does
not reveal. They considered the evil
| dence, without haste, and concluded
that, beyond reasonable doubt, the
| respondent is guilty as charged, and
1t is not for this Court to say Ahat
the evidence for the State was not
the more weighty and convincing.
and to the degree of dispelling any
reasonable doubt.