Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1880-02-29

IL Leads to n Remarkable Trial.
The case Of the State VS.. t. J. Ham,
charged with assault and battery upon the
person Of Mr.. Frank b. Anderson, was
tried before Judge Cromer yesterday, and
proved one Of the most remarkable trials
that ever occurred in this or any other
place, and on which resulted the disagree
ment OF the jury after the accused had
pleaded guilty.
The District Attorney appeared on be-
half OF the State, and the defendant was rep
resented by George r. Almond and Alex.
Wilson, Esq. Considerable time was con-
sumed in securing a jury, after which Mr..
Anderson, the complainant, took the stand.
The gentleman proceeded to state that on
Thursday afternoon, while conversing with
Charley Crandall, in front of the Interna a.
tional Hotel, they were approached by the
defendant, who invited them to take a
drink, which he declined to do. This
statement damaged the plaintiffs case in
the beginning. The jury looked incred-
ulous, and a gentleman of Milesian extrac-
ton, sitting near the SENTINEL's repre-
sentative, expressed the feelings OF the
audience when he pathetically exclaimed:
"Be jabers, the man who wouldn't take a
drink ought to be whacked in the snoot."
After his invitation had been declined Mr..
Ham proceeded inside, and shortly
emerged smoking q cigar. which the plain
tiff facetiously remarked was a ~'tstinker."
This was an insinuation which the de-
PENDANT did not care to swallow, and he
proceeded to ask for an explanation in Wig
orous English. The arrival OF o friend
temporarily stopped hostilities, and the de-
PENDANT again vent into the saloon, from
which he shortly emerged, and the plain
tiff told what followed. The defendant
walked directly in front Of him and reach
ing out his left hand struck him on the
mouth. "Gentlemen," said the witness
impressively as he turned to the'jury, Il
lost a tooth, and I thought l had lost my
jaw. Had it not been for the fact that the
hotel interviewed, l should have gone plum
into Buel street"
Mr.. Almond wanted to know if the
tooth was a good one.
"Good p exclaimed the witness in dis
gust. "Of course it was darned good"
This outburst Of profanity was promptly
checked by the Judge, while Mr.. Almond
turned appealingly to the jury, with a
panied expression which seemed to say,
you see. gentlemen, the violent DISPOSE
ton Of the man against whom my client
found it necessary to defend himself
Several witnesses were examined, and the
District Attorney said he was willing to
submit the case to the jury, as the de-
PENDANT admitted the assault. They could
do nothing under the circumstances but
bring in a verdict Of guilty.
Mr. william 5iffarad from the pountv,s
legal adviser. He was confident that his
client would be discharged, and if there
was any reason why he should be convicted
it was because he had simply taken a tooth,
when he ought to have taken the whole jaw
Mr.. Almond closed for the defense.
George carefully adjusted his spectacles,
and after getting them at the right angle,
gazed benevolently at the jury, and stated
that he had something to say on this inn
portant question. The Constitution of our
great and glorious country guarantees to
every man except Chinamen) the right to
seek happiness according to the dictates OF
his own conscience, provided 1t did not
come in contact with that of anybody else.
In this case, his client, who was noted for his
peaceful disposition, found it necessary to
appeal to the higher law OF common sense,
and in obeying its provisions, was so unfor-
tunate a. to cause the loss OF half a tooth
to the plaintiff. Had the loss OF this in
,ured the plaintiff to any appreciable ex-
tent? Had his cheek lost its r%oundness?
had it impaired his power of speech. or
at all affected his gift of CAB? He opined
not. Another important point was that
one witness had testified that his client had
struck the plaintiff with his right hand,
while another declared il was a lie .t-hander.
M s..1I..--s ro.&l,.r vrhAp, he had
the honor OF addressing, could at once per-
ceive that these conflicting statements
raised the question as to whether the plain
tiff had been struck at all, and the prisoner
was entitled to the benefit Of all doubts.
With this clincher, George resumed his
seat, and the jury, after wrestling with the
matter for half an hour. agreed to dis
agree, and were discharged. Another trial
is talked OF.