Sacramento daily record-union., 1888-12-04
POLICE COURT.
Brutal Assault on an Old Man Other
Cases,

Cases,
There was large crowd in attendance at
the Police Court yesterday morning, and a
lengthy calender of more or less interesting
cases. The first case called was that of
Oscar Green, charged with grand larceny.
T. B. Cropper and w. w. Barlow testified
to having seen Green on L street, on Friday
morning last, in company with Charles
Grant who was very drunk. Green was
attempting to get his hands into Grants
pockets. Officer Ash testified to arresting
Green, and finding Grants knife and
money in his possession. Green then
pleaded guilty to taking the property, but
said he was drunk and did not know what
he was doing He was held to answer
to the Superior Court, with bail fixed at
$1,000.
The sentence of George Fisher, convicted
of battery. was postponed until to-day at IL
o'clock.
James Fish pleaded guilty to petit lar
ceny, in stealing buggy robe from in front
of Frank Wickwire's store on X street. He
was ordered to pay fine of $40, or go to
Jail for 40 days.
Ed Welch pleaded guilty TO disturbing
the peace. He will be sentenced at 10 O'Clock
this morning.
John Stokes was tried and convicted on
a charge of battery and will receive his
sentence this morning. The evidence dis
closed one of the most brutal assaults
which has come to the notice of the Police
Court in long time. John NJ. S. Painter
was the first witness called to the stand.
His head was baHdaged up and showed
that he had received a terrible beating.
One of his eyes was entirely closed and
had a deep cut below and above it. He
testified that he was 60 years of age and
had lived in this city for six years. He
was engaged in working for the Sacramento
Street Railway Company, cleaning tracks
and relieving drivers. Defendant was the
driver of the Golden Eagle Hotel omnibus
aud for some time had been in the habit of
annoying him. Whenever he came along
with his bus and witness was cleaning the
track he would drive so as to come as near
running over him as possible. When wit
ness was driving defendant would some
times Jump on the car and ring the bell so
as to annoy him. On Friday morning wit
ness was cleaning the track on Second
street between | street and the depot. De-
fendant came along with his bus and drove
so close to him that he had to step back TO
prevent being run over. Stokes drove on
to the depot and he continued his work. A
few minutes later Stokes, who had left
his bus standing at the depot, came back
to where witness was and said: "If
you don't keep out of the way | will run
over you" Witness replied that he was
engaged in attending to his own business and
that if Stokes tried to run over him he
would strike him with his shovel He
then went on with his work, when Stokes
struck him on the head and knocked him
down. He was knocked senseless and did
not know how often he was struck, but the
ha had
his knee planted in his chest and was beat
ing him. Stokes then got up and went
back to the depot.
The defendant cross examined the wit
ness and asked him if he did not cali him
vile name and threaten him with the
shovel, which Mr.. Painter denied.
H. F. Root swore that he was not ac-
quainted with Mr.. Painter. On Friday
morning last he saw the defendant having
him down and beating him. The old man
was lying face down when he fist saw him
and defendant raised him up by the collar
and pounded him in the face. Painter
made no effort to strike back and did not
appear to have any power of resistance.
S. G. Rignev, driver of car No. l, testified
to seeing Stokes knock Painter down with
one blow and strike him two or more after
he was down. Defendant went to Painter
and the latter did not advance towards him
at all. Did not hear him call defendant
any name. Painter was holding the shovel
in the position he usually held it when
shoveling
R. S. Carey, President of the Street Rail.
way Company, testified that he had known
Mr.. Painter for ten or twelve years. He
was peaceable, quiet man, and with one
exception the best man he ever had in that
position. Never knew him to get into any
trouble or to be quarrelsome.
Vincent ]. Chamberlin, Superintendent
of the road, testified substantially the same
as Mr.. Carey.
James Roach swore that he saw Stokes
straddling the old man and beating him in
the face while he was down.
Stokes was sworn in his own defense. He
is a large, powerful young man of fine
physique He testified that when he
started back from the depot it was with the
intention of going up town. When he got
near to where Painter was he said to him /: |
"Old man, you are liable to get run over
some time if you don't step aside and give
man show to get by" That Painter
then came for him and called him vile
name, and raised the shovel as if to strike |
him, and that then he struck Painter. He
admitted on cross-examination that he
would not have done it if he had not been |
under the influence of liquor, and said that
he was sorry afterwards that he had done
it. He acknowledged that he knocked the
old men down with one blow and struck
him twice after he was down.
E. G. Hart who conducted the prosecu-
ton, pointed out that the defendant was a
stout, athletic young man, while Mr..
Painter was an old man and cripple, who
was suffering from the effects of broken
leg and rupture.
Judge Buckley said that the battery was
clearly established, and orderd Stokes to
appear for sentence to-day at 10A. M.
Joseph Boyd was convicted of battery, |
and fined 81 so. The evidence showed that
while battery was committed the COM
planning witness, Nash Aella, really de- |
served all he got and more.
The case of F. F. Doland, charged with |
assault to murder, was continued until De- |
nnher 10Th