The herald., 1895-12-30
bEHREND1 ASSAULT Case
1t Was Quietly Dropped Under
Peculiar Circumstances
THE JURY SHOULD INQUIRE
Behrendt Was Willing TO Pay For
"Squaring His Case
But Would Not Pay Fine Under Any Cir
cumstancss-Significant Facts That
Nav Lead to Something

% Illucu uetS dppSaiSu III iiiH- 'AIhE>HD
about the I'm asterly inactivity of the dis
trct attorneys Office that it is positive
pleasure to be able to state that in some
lines it is just as swift as in others it is
slow. 1t is in the dismissal of criminal
cases that come up from the justices
courts that the wheels of justice revolve
with lightning-like rapidity, and as some
of these cases are comparatively I'M
portant, it is doubtful whether the tax
payers who have to foot the bills altogether
approve of this line of procedure. OF
coulse it is conceded that the district at
torney's office should exercise reasonable
discretion in the dismissal of cases when it
is plainly evident that the evidence is so
weak as not to justify proce eding
with the trial. but 1t is equally
certain that this discretion should only be
exercised after the most careful lnveStiga-
ton. 1t is fair, at least. to assume that the
committing magistrate Is gifted with Or
binary common sense; that he Is dlsinter-
ested and impartial, and that after hearing
the evidence he will not put the county TO
needless expense in holding over persons
charged with crime to appear before the
superior court without there is reasonable
ground to believe that if prosecuted con-
viction can be secured. An examination
entails considerable expense, and after
the initial step has been taken the prose-
cutting officers of the people should be very
chary about dropping the matter until 1t
has been passed UPON by judge and jury.
So much for preliminary; now as to a few
facts. A HERALD reporter has been told
story that at least deserves investigation
at the hands of the grand jury, and as
particulars and names are given il is not be-
yond The range of possibilities that some
thing may be found out. The story is
tri1e old, but it is seldom that a narrative
of this kind can be given with the particu-
larity that this is, and for this reason it is
made public, as an entering wedge for an
official investigation of the conduct OF the
district attorneys office. which will either
lead to indictments or removals, or the
slencing of number of ugly rumOrs that
have been very prevalent for some weeks
past.
But to the story. Some months ago a
man named Behrendt, with his brother,
ran a sort of a shoe shop on Los Angeles
street, near Second. Late one evening a
bill collector called at the shop to collect
bill. A dispute arose. when Behrendt
assaulted the collector, striking him on the
head with a shoemaker's hammer. cutting
through the hat and inflcling an ugly
sea wound. The man was taken to tue
police station. where his wound was dressed
in the receiving hospital, and Behrendt
was arrested on charge of assault with
deadly weapon. Behrendt's relatives put
up a $500 check as cash bond and he was
released from custody. In due time he
was examined before Justice Morrison. the
hat and the hammer were produced in
court, and the mans head was ample
proof that an assault had been committed
as charged. 1t was plain, straight case,
and Behrendt was held to answer before
the superior court.
On being held, Behrendt became very
uneasy and approached the clerk of Justice
Morrison's court to see if something could
not be done to stop further proceedings, or
in other words to 'square" the case. The
clerk told him that there was nothing he
could do, bu at Behrendt's solicitation. it
is alleged, he finally consented to see
Deputy District Attorney James, and see
what could be done. Mr.. James, it is
further alleged, said that there was
nothing: that the best that could possibly
be hoped for was to plead guilty to a charge
of battery, of an aggravated character, and
to pay a fine of one or two hundred dollars.
Behrendt, it is claimed. would not hear to
this; he did not wish to stand on the
records as having committed a crime, and
minated that he would fight it to the last.
Later Behrendt again approached
Justice Morrison's clerk and in
timated that while he would not
pay a cent as fine. there was 500 in it
if it could be fixed without going to trial.
Again the clerk refused to consider such a
proposition, and told Behrendt that the
case would have to take its course. Beh-
rendt. it is alleged, would not be put off,
and again approached the clerk, saying
that if 5000 would effect the object desired
it would be forthcoming. Again the pro-
posaI was fatty refused. The clerk III the
meantime had prepared the papers. and
sent up the evidence in the shape of the
crushed hat and the shoemaker's hammer,
which were duly taken by the clerk in
charge of criminal exhibits.
And there the matter stopped so far as
the lower court was concerned. But the
case never came to trial. Although the
assault was committed months ago. moth
Ing has been heard of it. And now it is
alleged that it was dismissed on motion of
the district attorneys Office for want of
evidence.
This is plain statement of alleged facts
as detailed to a HERALD reporter The
grand jury can call witnesses, and the
truth or falsity of the story verified. A
thorough investigation of this, with other
cases, is demanded in the interests of all
concerned.
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