Los Angeles herald., 1890-08-14
CREsCENTA, August 18th.
THE AUCTIONEERS.
MIR. Bell and MIR. Noyes Before Justice
King.

1AAAS.
Yesterday afternoonE. w. Noyes, the
auctioneer, appeared before Justice P.
King, in the Police Court, with his at
torney A. j. King, Esq, and entering
his plea of guilty to the charge of bat
terry preferred against him by j. G. Bell,
another auctiOneer, asked to have the
case disposed of, as he was anxious to
leave the city for San Francisco on the
evening train. The district attorney
having no valid objection to offer to this
course, the complainant, John G. Bell,
was sent for, and on taking the witness
stand told his story to the following
effect. On May 2Sth last he was stand
ing on the corner of Third and Los Ange-
les streets, commiserating with a dray-
man whose wagon had broken down.
when some one came up behind him and
struck him terrific blow on the back of
his ear. Although stunned for the mo-
ment, he wheeled round and was con-
fronted by Noyes, who was very drunk
and abusive. AS Noyes was drawing
cowhide out of his sleeve, he attempted
to grapple with him, but owing to hav-
ing been crippled through an accident,
he was unable to do more than ward
off the blows showered upon his head by
his assailant. After receivinga nasty cut
on the forehead he ran away, Noyes pur-
suing him with curses and vituperation.
He did not know at the time who Noyes
was, or why he had assaulted him, nor
had he yet been able to divine the
reason.
The defendant, E. w. Noyes, then took
the stand in his own behalf. and stated
that on Monday, May 26, he had con-
Quoted very successful sale at the Sur
prise livery stable, which occupied the
whole day. That evening he saw an
article in the evening paper which mis-
represented him and as he could get no
satisfaction from the editor of the sheet
HERALD contained local item about the
sale, giving the credit to John G. Bell.
He at once sought Colonel Ayers, oneo
the editors, and asked him about it.
After three reporters had been called in
the city editor, Mr.. Hanchette, explained
the matter by stating that Bell had
called at the Office the evening before
and asked to have local mention made
of successful sale he had conducted
that day. As he was liberal patron of
the paper, this had been done. This
statement of the case worried him and
when he met Bell next day on the corner
he walked up to him and asked him how
long this persecution was going to last.
Bell got very mad and throwing up his
hands like prize fighter, rushed at him.
He defended himself until Bell dived
down in the gutter for rock, when he
hit him with a riding whip he always
carried for use in his business as horse
dealer, whereupon Bell ran away.
At the close of Noyes' statement Dep
uty District Attorney Phibbs asked the
Court to issue subpoena for Mr.. Han
chette, who was now secretary OF the
Chamber OF Commerce. The defense
objected to this, however, and the Court
said that the only point he wanted to
determine was as to the degree of the
offense committed. There was, in his
opinion, no necessity for going into a
regular trial of the case, the defendant
having entered his plea of guilty already.
Mr. Phibbs, however, insisted upon hav-
ing fair show in the case, and Mr..
Hanchette was finally summoned. That
gentleman fatty denied Mr.. Noyes'
statement about Bell having called upon
him, and said that all he knew of the
matter was, that such an item had been
inserted under instructions of someone
in the business office. Mr.. Phibbs
! stated that in regard to Noye's testimony
with reference to his riding whip, he
proposed to show that Noyes had an
nounced his intention Of whipping Bell
on sight, to several persons, prior to
the offense. The Court, however, would
not allow any further testimony to be
introduced, and imposed a fine of $12
upon Moves, upon payment of which he
was discharged.