Matthew W FAHEY
1902

Lewiston Sunday Journal, Lewiston, Maine
January 29, 1902

Mr. Fahey's Memory

It Plays Him a Peculiarly Scruvy Trick at the Police Court.

He Could Not Remember Seeing Mrs. Fahey at Time of Assault.

It was Matthew Fahey's unlucky morning Wednesday – Matthew of the “blarsted affections,” Matthew of the meretricious memory.

Matthew was arraigned before Judge Cornish in the Lewiston municipal court on Wednesday, charged with assault of his wife. A short time ago, as has been previously announced in these columns, Matthew caused the arrest and incarceration in Auburn jail of one Michael Powers for the alienation as he claimed of the affections of his wife.

Monday Fahey went up and saw the aforesaid wife and she was feeding a horse. The spectacle of the alienated seemed to be too much for Mr. Fahey if the testimony in the Lewiston municipal court is accurate and it resulted in an assault, for which Matthew was on trial Wednesday morning.

The case presented certain very interesting features the most important of which was the peculiar physiological phenomenon of the utter lapse of Mr. Fahey's memory during the brief interval when he is asserted to have been attacking his better half.

Mrs. Fahey was the first witness and she said that the affair occurred on Monday somewhere near the noon hour. She was feeding her son's horse with an armful of hay when Fahey came into the barn and opened a quarrel. He struck her and tore her jacket and bruised her about the side and chest. She offered her husband no excuse for the attack and in on wise provoked or attacked her husband previous to the assault.
Mr. Fahey was put on the stand by his attorney to counteract the testimony of his wife. And here occurred the complete lapse of his otherwise reliable memory. All things leading up to this period of Mr. Fahey's life seem to be clear and fresh in his mind but here he is at utter and complete loss. He recalls going up to the house at about that time and he remembers seeing the barn and the surroundings. He can tell what he had for breakfast on that morning and where he went and what he did but according to his story to the court on Wednesday, he cannot remember that he even saw his wife on that day at the house. He can seem to remember that he saw the horse and he can recall that he did not go to the house alone but that one Peleg G. Sanford was with him but for the life of him he cannot recall that Mrs. Fahey was there at all. On the contrary, he was very confident that he did see her. As his testimony grew in strength, he was positive that she was not there at all. He then became certain that he did not assault Mrs. Fahey because she was not there to be assaulted, if she had been there, things might have been different but not being there he certainly never lifted his hand against her. Not having noticed her on the premises he did not tear her jacket or beat her on the breast.

The court officials had to go along and maintain decorum.

Court suspended at this time to send out for Peleg Sandford.

After some search, Peleg was brought in. He proved to be a hard blow to Mr. Fahey. Drawing himself up into a most dignified position, his manner on the stand was at once reassuring to justice. He weighed his words carefully. No idle or useless evidence escaped from him. All was judicial in its tone.

Not having had the advantage of hearing Mr. Fahey's evidence Mr. Sandford's line of remark was not at all times corroborative – not for a moment suggesting that so careful and honest a witness would have varied it even one little for anything. Not at all. But somehow he missed Mr. Fahey's viewpoint altogether, for, far from failing to recall Mrs. Fahey's presence he recalled it perfectly. And he told it just as he saw it.

“Did you go up to Mr. Fahey's house with him?”
“I did.”
“Did you see Mrs Fahey there?”
“I did.”
“Did you hear any conversation with them? What was it? Can you recall it?”
“Nothing, sir, that I could repeat.”
“Did they have words?”
“They did.”
“Did you see Fahey assault his wife?”
“Not that I could state.”
“Did he strike her?”
“I didn't see him.”
Here the court took a hand.
“Did you see Mrs. Fahey?”
“I did.”
“What was she doing?”
“She was feeding the horse.”
“Did Fahey touch her?”
“Well, yes, he did.”
“What did he do?”
“Well, sir, I saw him have his hand up here (Pointing at his breast) and he was pushing her back.”

This corresponded so clearly to Mrs. Fahey's testimony that it looked dark for Matthew.

Fahey was recalled and asked to testify as to Sandford's testimony.
The brief respite seemed to have cleared up Mr. Fahey's memory for on this time up, he could recall having seen Mrs. Fahey there. He had, however, been under the impression all along that it was not this time that he saw her but another time. He was not quite sure it was this time.

The court fined Fahey $10 and costs - $16.86. At 11.30 had obtained the money and a mittimus was being hurried along so that he could dine at Auburn.




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