The Daily bulletin., 1889-07-26
atNTkAlah,
FstrIak Hayes Etpea a&S wt'k TNs
Years imprisonment sop s1nIIE-

When the Supreme Court opened
this morning, Patrick Hayes was
placed before the bar to. received
sentence for manning Officer Larsen
by biting off his ear, jury having
found him guilty.
Mr.. +. NJ. Hatch Oh behalf of
Hayes appealed for light sentence,
as there were many circumstances
TO be taken into consideration. The
affair occurred during n fight he.
tween the two men. 1t was not
done where Hayes had taken adVan-
tage of the injured man. Larsen
was physically superior. to the
prisoner, and he inflicted q blow
with chair on Hayes which might
have crushed his skull. If any other
class of injury had been committed
on Larsen, the jury would no doubt
have viewed it in the light of self
defense. 1t was beyond dispute that
Larsen acted in an insulting and in
solent manner. There was no doubt
that he started the row. Taking all
matters into consideration, he asked
the Court to pass as light sentence
as was consistent with the facts.
Deputy Acknowledgement Peter
son said il seemed that the evidence
was overwhelming that Hayes started
the row. The jury had found him
guilty and the offense was as serious
rs that of manslaughter in the I'd
degree. 1t was serious offence
and should be so treated by the
Court, and substantial sentence
passed.
Mr, Justice McCully in passing
sentence said: "Patrick Hayes, you
have beenfound guilty of the offence
of mayhem, in biting off one of the
ears of officer VIM. Larsen. Much
testimony was given showing that
you had made threats at sundry
times that you would find and take
an opportunity of doing him an in
jury, executing some revenge or
grudge upon him. You deny that
you made such threats at the Sta.
ton House on the occasion of your
carrying a dinner TO Dorrity, but
the testimony of several witnesses
that you did has not been overcome
by your denial. Officer Kingsley
confirms officer Larsen in your hav-
ing volunteered such a threat once
at the corner of%T1otel and Fort
streets. You simply deny recollec-
tion of meeting them at all. The
testimony of all the witnesses is that
in Loves bakerySwhere the act of
which you are convicted was COM
mitted, you were over ready for an
encounter with Larsen.
The jury must have considered
that he had good reason to be on
his guard against your advances.
When after Larsen's blow on your
back with chair you two had crap
pied and were down on the floor it
had become what may be called \
fair rough and tumble fight, that is
fight which, if you both desired 1t,
might be fought out by common fair
methods.
Yeu were in q crowd of men who
could have given help to either party
if lie had called for help. The testi-
mony is that you were on top or at
the side, and not under, in the fight.
There is no testimony that you we're
in an extremity. The only defense
which could be attempted or was
made by your counsel was that you
were justified, las an act of selfdefense,
in using your teeth, that you might
by the inaiction of pain release your
self from aperl. You were given the
amplest benefit Of that view in the
charge of the Court. Under the
: verdict the Court treats it as found
, in fact you were not in q position
: which justified resort to this un
: fair" method Of fighting. 1t is {
4 finding that you did maliciously and
3 with intent to main and disfgurt
r Larsen bite off his ear. The cir
cumstances stated in evidence were
brutal and disgusting, and need moi
, be repeated here. This is com.
munlty unaccustomed to this horrible
( style of fighting. The evidenc,
< gives the impression that you are s
: vicious and dangerous character.
: The law provides penalty of i'm
e prisonment as high as ten years and
G q fine up to q thousand dollars. Bac
n as this case is, there might be wors
O and the Court will not impose tn
4 highest penalty in either form.
: The sentence of the Court is tina
: you be imprisoned at hard labor 70
Y two years and pay fine of twenty
o five dollars, with costs OF Court.