The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1895-10-11
PENNISH'S CANE Was NOT DEADLY.
Wherefore D. J. Mannix's Charge Was
Not Sustained.
Sequel to the Combat That Helped tc
Enliven the Late Democratic
Convention.

The preliminary examination Of CITY
Trustee 7. j. Pennish, charged with nav
ing assaulted ID. J. ManniX with deadly
weapon with intent to commit muroeT'
took place in the Police Court yesterday.
Pennish struck ManniX on the head with
q cane at the recent notorious Democratic
Citv Convention at Armory Hail. he
was defended yesterday by Charles L.
Jones. and City Attorney Brown con-
Quoted the prosecution.
Both lawyers complained that certain
witnesses for whom subpenas had been
prepared were not served herewith, and
Justice Davis said the officers who re-
ceived the subpenas were guilty OF con-
tempt of court for falling to serve the
papers. He instructed Sergeant Nc
Msnus to find out who the officer or OIL
GERS were who failed to do their duty.
Mannix took the stand first. de SAID
Pennish struck him four or five blows,
the first two causing him TO fall to his
knees. After making the assault Pen
nish ran upstairs. The cane used was
three inches in circumference at the top
and resembied q drum majors stan.
MIR Jones asked ManniX if ne had seen
Pennish in the morning, and also II he
knew why Pennish assaulted hun.
Mannix said he would not answer the
question. II was going too far back. But
he was directed by the court to answer
the question.
He saw Pennish in front of Davis fur
niture store on K street in the morning.
Pennish was in his wagon IN front OF the
store and witness used opprobrlous IAN
Cuage to him, at the same time ordering
Pennish to move his wagon out OF the
way.
Mannix denied having at various times
called Pennish bad names.
During his examination MannlX acIed
in such q manner as to cause justice ia
Wis to warn him to conduct himself prop
erly.
SUPERVISOR Morrison was the next VII
ness. He testified that on the night OF
the assault he was standing III the haIl
With Pennish. Mannix was walking in
their direction, and Pennish remarked:
"Here comes q friend OF mine" Inc
Snnarvjsor said he was not paying any
attention to Pennish until he saw cane
fash before him. 1t descended on Man
MIS- head. When he attempted to grab
the cane it struck him IN the eye, and he
concluded to leave the men alone.
~
O'clock in the afternoon.
Afrer court reconvened DR.. +. ID. Tyr
reIl was placed on the stand, and de-
scribed the nature OF the wounds on
Mannix's head.
civ Trustee LawtOn and James t.
Murphy both testified to having seen
Pennish strike Mannix with the cane.
Mnrnhy said that after it occurred Pen
nish ran up the stairs leading to The gal
lery.
MIR. Jones. Pennish's attorney, said
that the complaint stated that the weapon
used by Pennish was deadly weapon.
There was nothing to show that the cane
was such q weapon. He admitted that an
assault had been committed, but claimed
that Peunish was guilty of nothing more
than battery. He moved that the case be
dismissed.
CITY Attorney Brown said that the Su-
Ureme Court had within the last year de-
cided that certain kinds OF canes were
deadly weapons.
Justice Davis said that deadly weapon
is an instrument which is likely to cause
death. de would have 10 accept the tes-
timony thus far adduced that the cane
was q deadly weapon, and denied the
motion to dismiss the case.
THE cane itself had not been produced
in court
City Trustee Davis was the first wit
ness for the defense. He testified that
on the morning OF the 30th Of Septem Der
Pennish drove up IN front OF his store,
and while there Mannix came along in
his wagon. de said to Pennish: &C
d you, you pun our
therep'
Fred Hamlin testified that he and Man
nix got out of the latter's wagon on
Fourth and streets after coming from
r-l, Vaeafas- } 4
witness began talking TO him. After
ward Mannix asked him what Pennish
had said. Witness said he told Alaunix
that Pennish said: How can l stand iI?'
Mr.. Jones asked Hamlin if Mannix
did not then say, pm fix tue - -"
Hamlin replied MannIX did not make
use OF that language.
denied using such language, and that was
his reason for asking Hamlin the ques-
ton.
oscar Stevens testified that Mannix
said, Didn't I give it to the =" -"
J. Z. Pierson, Superintendent OF the
Capital Gas Company, said he was IN the
hall at the time the row occurred. lie
said his attention to what WAS going on
was first attracted by mans hat flying
through the air. lie SAW two men strug-
Cling. Penuish broke loose, and then
struck Mannix with the cane
Pennish then took the stand, and testi-
fed that on the morning OF the 30th OF
SepIem Der he was talking to City Trustee
James o. Davis in front of the latter
store when Mannix drove up and said:
''Get out OF here, you G. d -''
Mannix WAS in the habit of calling him
vile names and sneering at him on every
occasion of their meeting.
At the convention, said Penuish, he
was talking to Supervisor Morrison
when Mannix passed them with his hand
in his pocket. al the same time sneering
at him. The latter thought MannlX wac
going to attack him. and he struck Man
nix with the cane He then threw Man
nix down and struck him again with the
cane.
The cane was then brought forth and
introduced in evidence on behalf of the
defense, and this closed the case.
Justice Davis in deciding the matter
said that although the complaint charged
Peunish with having assaulted Mannix
with a deadly weapon, yet he would have
10 decide that the cane was not a deadly
weapon. Pennish was undou btedly guilty
of assault, but was not guilty OF the
crime charged in the complaint. III,
therefore ordered the charge dismissed.
HOLDING ITS OWN