Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-11-02
HIS OWN PETEGD.
IT is LIKELY TO HOIST MARTIN PEE-
NIsH INTO COURT
He Secures C. L. Hangers Conviction
But the Court Says He was
the Aggressor.

W. A Anderson, of counsel for G. L
Kameyer, who was on Thursday found
guilty of assault upon Martin Pennish
yesterday pleaded with the Court to make
the sentence of his client as light as posi-
Bile, on the ground that he had been forced
into the difficulty that resulted in the use
OF a weapon.
Kamyer was told to stand up, and Judge
Armstrong proceeded to review the cir
cumstances connected with the difficulty
between Pennish and the defendant. He
said that, although the latter had gone
farther than he should in retaliation fol
the beating he had received at Pennish':
hands, still the latter was evidently the
aggressor all through. He regarded Ka
myer as q man of limited resources of in,
tellect, and therefore less responsible fol
his acts than the complaining witness.
The Court then proceeded TO lecture Ka
myeI. If you nad been at your OWE
home he said, teaching your children
their lessons, instead of visiting saloons
and spending foolishly the money needed
to provide them with suitable and necessary
y
this trouble; you would not be here to-day
before this Court receiving sentence for 8
violation of the law. Here tears stresmed
down the prisoners facsl Let this expert
ence be lesson to you, and in the future
try and conduct yourself as husband and
father should, by avoiding the pitfalls that
wreck so many lives. The sentence of the
Court is that you pay fine of $50"
While Kamyer was diving down into mis-
pockets for the money Judge Armstrong
addressed himself to District Attorney
Bruner, saying that the trial of the case
had developed facts sufficient to warrant
the prosecution Of Pennish for assaultng
Kamyer
Mr.. Bruner said he quite agreed with the
Court as to Pennish having assaulted Ka-
myer but had some doubts as to whether or
not the statute of limitations had barred
proceedings against him. If the crime had
amounted to felony, of course there
would be no question as to the power 10
prosecute him, but ss it was only misde-
meanor, he feared that sufficient time had
elapsed to bar any action in the matter.
However, he would inquire into the situa-
ton, and if he found that an action could
be maintained against Pennish he would
proceed to bring it.
The case against Kamyer was vigorously
prosecuted, occupying three days time of
the Superior Court. Martin Pennish, the
complaining witness, employed Charles T..
Jones to assist the District Attorney, and
all who witnessed the proceedings can
testify that the interests of neither
the people nor of Mr.. Pennish were per-
mitted to suffer. The progress of the trial
developed the fact that Pennish and Ka-
myer are rival plasterers, and that competi-
ton in their business had engendered more
or less feeling. This, however, was eX-
hibited more on the part of Pennish than
Kamyer, and on several occasions accusa-
tons had been made and hostile words
had passed between them.
One evening while both were under the
influence of liquor, they went TO a K street
shooting gallery, and after shooting several
rounds, all of which Kamyer lost and paid
for, Pennish wanted to bet Kamyer $40 be
could outshoot him another match. The
latter declined to bet, and Pennish then
commenced to abuse and finally assaulted
Kamyer, beating him until he cried for
mercy. On getting TO his feet KamYer,
halfcrazed from rage and pain, pulled out
knife and struck at Pennish, inficting a
Slight wound Pennish had Kamyer ar
rested, and the charge on which he was
tried was assault with deadly weapon,
with intent to commit murder. The jury
considerately-and apparently very justly,
under the circumStances-found Kamyer
guilty Of simple assault.