The record-union., 1896-01-04
KOCH AND M'eURDY WERE HELD.
They VIII Have to Answer for Resist
ing an Officer.
A Young Man Who Prided Himself
Upon His knowledge of Black
stones Writings.

The examination of L. Koch and w
J. McCurdy on a charge of resisting an
officer took place in the Police Court
yesterday.
Although it did not appear during the
trial, the trouble seems to have arisen
from the fact that Hall, Luhrs & Co.
had given L. ]. Wells, the proprietor of
the Yosemite Saloon, on street, no
tice that if his bill was not paid on
last Saturday they would attach his
place. He owed Koch about 5000 for
services as barkeeper and gave him a
bill of sale of the saloon, and the latter
thought Deputy Sheriff Hunters had no
right to attach it,
Deputy Sheriff Hinters testified to
attachment papers in suit having
been placed in his hands for service on
the Yosemite Saloon, as narrated in the
Record Union" some days ago.
When he went to serve it Koch
claimed to have bought the saloon from
Wells, against whom the suit was di-
rected. Witness told him if he could pro-
duce the bill of sale it would be all right.
He then attempted to eject witness,
and McCurdy sided in with him. After
a scuffle for the key he placed the hand
cuffs on McCurdy, and he and officer
Talbot pursued and captured Koch. The
latter tried to pull his pistol, but Tai
bot took it away from him.
McCurdy kept shaking his finger in
witness face and telling him he had
no right there. He told McCurdy he
had better save his advice for his
client. McCurdy then asked witness if
| he was friend of Bill Harlow, and he
answered that he was friendly with
him.
McCurdy said, well, I am a friend
of his, too. 1 know my business. 1
have not read Blackstone six months
for nothing"
Witness told McCurdy that if the
saloon was wrongly attached there was
a legal way for him to recover posses
sion OF it.
Eugene Wachhorst testified to seeing
some disturbance at the saloon and
went over there He saw McCurdy
talking excitedly, and advised him to
| be quiet and not interfere with the Off
GER When Hinters placed handouts
on McCurdy the latter objected to being
arrested, and witness advised him not
to resist, and he submitted.
W. A. Anderson testified to seeing
Koch run by him pursued by Hunters.
He was caught just round the corner
and tried to pull out his pistol. Wit
ness advised him to desist, but the
scuff1e went on until Officer Talbot took
the pistol from him.
D.. E. Alexander appeared as counsel
for McCurdy, and S. Luke Howe and G,
NJ Beckwith for Koch. Owing to their
objections to testimony by Hinters re-
garding the writ of attachment, JUS
tice Henry was sent for and had to
prove that he was a duly elected and
qualified Justice of the Peace, and to
produce his docket to prove the writ OF
attachment.
NJ ]. Dillman testified to seeing dis
turbance, and going to the saloon. Hin
ters had the arms of McCurdy pinioned.
but released them and they talked a
few minutes, when a scuff1e for the key
took place. He saw Koch make a mo-
tion as if to draw pistol but saw no
weapon. He saw Hunters and Talbot
follow Koch and bring him back.
Hinters was recalled and testified
that the saloon was Wells, and that his
name was over the door. When Koch
and McCurdy opened the door he went
the place, but did not offer to produce
it. They held the door on him, until he
forced them to open it. McCurdy shook
his finger in witness face, and talked
till he was tired of hearing him, and he
finally told McCurdy he h 4 better ad-
wise his client.
McCurdy tried to lock the door and
witness ordered him not to, and took the
key from him and gave it to c. N.
Thompson. McCurdy knocked it out of
Thompson's hand and Koch finally got
it after a scuff1e.
G. n. Thompson testified to going
with Hunters to serve the attachment.
McCurdy and Koch tried to lock Hin
ters in but he drew his revolver and
made them desist. McCurdy shook his
finger in Hinters' face and told him that
he would have him behind the bars be-
! fore 5 o'clock After a half-hour OF
! scuff1ing and argument Hunters threat
ened to arrest McCurdy and the latter
told him he could not do it. McCurdy
advised Koch not to give up the key.
Walter II. Stocker testified to seeing
the crowd, and going over to see what
was the matter. He saw McCurdy ges-
ticulating and calling all the people of
Sacramento County to witness that the
Deputy Sheriff was exceeding his duty.
Witness heard him tell Koch to orde.
Hunters out, and if he did not go within
| the specified time to take the law into
his own hands. Witness had been an
officer himself, and as he thought Hin
ters would need help, he determined to
stand by him.
'Ah! you wanted a little notoriety, I
suppose" said Attorney Alexander.
NO" said the witness, IT have all
the notoriety 1 want in Sacramento 1
am a Democrat"
There was a general laugh and the at
| torney remarked, ''Well, that shows
you to be a man of discretion. l am
Democrat myself
Witness continued, that he advised
Hunters to arrest McCurdy and called
his attention to Koch, who was run
ming away, and afterward told him
that he had seen the whole affair and
would be a witness, if desired
w. J. Woods testified to seeing much
of the trouble. He saw Koch have his
hand apparently on his pistol and being
friendly to him, advised him not to re-
sist the officer. Koch subsided, but Me-
Curdy kept advising him to put Hinters
out Hinters finally arrested McCurdy.
and put handouts on him and Koch
started Off
officer Talbot testified that Hunters
asked him to catch Koch and warned
him that the latter had a big gun Wit
ness, when he caught Koch, caught hold
of his arm and told him he wanted him.
Koch Immediately went for his gun and
tried for at least three minutes to get it
out, but witness held his right hand so