Sacramento daily record-union., 1889-08-31
ROBERTS INTENTIONS.
THEY WERE NOT MURDERoUs WHEN
HE ASSAULTED MTIERNAN.
The Charge of Assault to Murder is Dis
missed, but One of Battery
Succeeds 1t.

Charles Roberts was examined in the
Police Court yesterday for crime COM
mitted one year ago. Why he was not ex-
amined sooner is explained by the fact that
Immediately after his arrest he skipped, %
leaving his bondsmen in the lurch, and
was not seen again until last Wednesday
when he came home and surrendered him.
SELF
Police officer Eldred testified that it was
just one year ago this month when he was
attracted to Morris Healey's saloon by
loud cries, and upon entering found John
McTiernan, a tailor, in an unconscious
state, with his face beaten almost to jelly.
Roberts was pointed out as McTiernans
assailant so he placed him under arrest.
On the way to the prison Roberts admitted
that he beat McTiernan, but explained
that he deserved it, as he had been abusing
his iRoberts) wife.
have seen lots of men who had been
beaten" continued the officer, but Nc.
Ternan was the worst | ever saw. Both
eyes were closed up tight. and his head
was twice lis natural size. In my opinion
Roberts kicked him"
Attorneys Davis and Hart, for the de-
fense, each took turns at cross questioning
Eldred, but no new Developments resulted.
McTiernan then took the stand and told
his story-at least, as much as he could re-
member Of il before he lost cons ciousness.
He said that himself and Roberts had been
the best of friends, and were drinking to-
gether in Healey's saloon. Roberts went
away, but returned again soon, and, with
out a word Of warning, knocked him down
and kicked him numerically, at the same
time tlourishiug a revolver at the bystand-
ers and warning them not to interfere.
John Renfroh, who was in the saloon at
the time of the assault, corroborated Nc.
Tiernan' story, but put il in much milder
way.
Morris Healey's testimony was also of a
corroborative character. He considered it,
however, most brutal assault, and it was
a miracle, said be, that McTiernan ever got
over It.
The case was then submitted, and attor-
ney Hart moved for q dismissal of the
charge of assault to murder which had
been preferred against Roberts. on the
ground that the testimony did not sustain
1t. " In order to sustain q charge of this
character" said Mr.. Hart, it must be
shown that there was an intent to commit
murder. Ii has not been shown in this
case. On the contrary, the testimony
shows that Roberts had a revolver, and had
ne possessed murderous intent be could
easily have dispatched his victim. At the
most, the charge could be battery, but
nothing else. Therefore l move for dis
missal.
Attorney Gett, special counsel Tor the
prosecution, argued that it was not abso.
lutely necessary TO show that Roberts in
tended to murder McTierpan. Ii was suf-
hCient, he said, to prove that the prisoner
possessed a bad and malignant heart
This, he considered, had been established
from the fact that McTiernan had done
nothing TO provoke quarrel with Roberts.
Mr.. Hart sarcastically remarked that he
was willing to withdraw his argument, and
submit the case on Mr.. Gets argument
judge Buckley, in rendering his decision
finding Roberts not guilty, said that al
though Roberts had committed q serious
ofense, and might have fatally injured Nc
Turnan, murderous intent on his part
had not been shown, consequently the
charge of assault to murder could not be
sustained. His Honor glanced significantly
at the City Attorney as he added that a
charge of battery against Roberts would be
more apt to stand.
City Attorney Church took the hint, and
promptly moved that charge of battery be
placed on the calendar against Roberts, and
set down for an early hearing.
An order to this effect was made, and
next Tuesday designated as the day of trial
A charge of carrying concealed weapon,
growing out of the same assault, is also
hanging over Roberts He will probably
plead guilty to both this and the battery
charge.