McNaughton Camp01

Waupaca Republican Post

January 24, 1896

Dr. J. McNaughton swore out a warrant in Justice Chamberlain’s Court last Friday for the arrest of Bert Camp, a boy about seventeen years of age, alleging that Camp had beaten, maltreated and bruised him. The hearing was called Saturday morning but owing to the doctor’s indisposition the case was put over until Monday.

Monday morning the case was called. Chas. Rollin Brainard, appearing for the State and A.H. Lovejoy for the defendant, Camp. A jury trial was demanded by Mr. Brainard, and Deputy Sheriff Danielson selected a list for attorneys to get the necessary six men to try the case.

The following were selected: O.H. Rowe, Ing. Ovrom, Orlando Bills, Lars Larson, J. Erickson, John Peterson. Case was adjourned until 2 o’clock p.m. At 2 p.m. Paul Sanborn appeared as first assistant counsel to attorney Lovejoy, and promptly moved that the plaintiff give security for costs. Court adjourned until 3 o’clock p.m. when H. Robinson was accepted as bondsman for plaintiff McNaughton. Mr. Brainard opened with a statement of the case alleging that the State would attempt to show that the history of this assault had a history which hinged on other material things, that the boy was paid money to lubricate the animosity which had been smouldering for some time and eventually drive the doctor from the estate, that the assailant was a strong, muscular young man, etc.

Dr. McNaughton was called to the stand and stated that he had married the daughter of Mrs. Bowman and resided at the Bowman homestead by authority and consent of his mother-in-law. Mr. Sanborn spent some time in objecting to Bainard’s preliminary questions as inmaterial, incompetent and irrelevant, and the Court sustained the objections. Testimony that the boy had made threats to make it warm and had swore a big swear was admitted. Attorney Lovejoy objected to Attorney Brainard’s putting his questions in the nature of questions and answers, to which Brainard in his fog horn voice said he was running the State’s end of the gang plank.

After seventeen questions and seventeen objections which were given so fast that the Court sustained them all in a bunch, State’s attorney Brainard said, It’s and old and quaint saying that “Jordan am a hard road to trabble,” and in this case I find it is true. Then the doctor got down to his story, testifying that “On Monday morning Jan 13, he went in the kitchen to get the key to the barn to go and do chores; the boy was there and standing by the stove. I upbraided him for tattling when he called me a liar; was standing facing him and motioned to the door and told him to go; he struck me on my left side and pushed me over on the stove.”

Mary Long testified she saw the commencement of the trouble but saw no blows struck on either side.

Mr. Brainard was sworn and attempted to narrate a circumstance in relation to threats he heard the boy make in the store, all of which was objected to and objections sustained.

Chas. Smith was called and testified that he had heard the boy talk in somewhat of a threatening way.

The State rested. Without wasting any breath on a flow of oratory on opening for the defense Mr. Sanborn rose with a copy of the Statutes in his hands and made a motion that the Court dismiss the case on the ground that the State had not proven in what city, county or state the offense had been committed. Brainard thought it time he objected but the Court overruled the objection and the assault and battery case came to a sudden terminatin.