The herald., 1896-01-17
FREE WITH HIS TONGUE
An. Exciting Episode in Judge
Smiths Court
HOPKINS CHARGESsBRIBERY
Promptly Called Before His Honor and
Given Scoring
te Will be Punished for Contempt this
Morning-UnIooked for Ending of
Sensational Case


George Hopkins heard something drop
in department one of the superior court
yesterday afternoon. 1t was not nice,
easy drop. but it came with the force of a
piledriver, and it was some seconds before
George could realize where he was at. In
fact, he does not know just yet exactly
where he stands, but on this point Judge
Smith will enlighten him in the morning.
Hopkins was the prosecuting witness in
thecase of the people VS.. Dick Woods,
charged with mayhem. Hopkins was also
the man who was manned. In August
last. at Redondo, Hopkins and a man
named Tony got into fight in front of
Murphy's saloon. The fight was a lively
one, even if not conducted according to
prize ring rules, and in the course of the
argument Tony got Hopkins bent back
ward over horse rail, at the same time
clutching his throat to choke him into sub
mission. Among the spectators was Dick
Woods, a hard case, professional pugilist
and an ex-convict. While Hopkins was in
the position described, and helpless, Dick
Wood walked around on the other side of
the rail and gave the defenseless man q
terrific uppercut, fracturing his jaw, break
out two of his front teeth and loosening
several others. Woods then made his es-
cape, coming to Los Angeles. As
soon as he was able, Hopkins
swore to a complaint against Woods
charging him with battery. Woods
at Redondo. pleaded guilty to the charges,
was fined, paid the fine and was dis
charged. Hopkins was not satisfied with
the punishment meted out to his assailant,
and on making inquiries found that he
should have charged Woods with mayhem.
II. T. EcI@ IL
piled to the district attorney for a COM
plant charging Woods with that crime.
General Williams told Hopkins plainly
that, although the crime of mayhem had
been committed, he was of the opinion
that the battery complaint was bar to
however. and complaint was finally is
sued. Woods was arrested, and for two
months past the case has been hanging fire
in the courts, the attorney for the defense
trying to knock the matter out on techni-
calities.
Judge Smith and jury. There was no
question as to the assault; that Hopkins
had his jaw fractured and his teeth broken
in the manner described. Then it was
shown that Hopkins swore to the complaint
charging Woods with battery, to which he
pleaded guilty, and the record of the JUS
tees court was put in evidence.
John H. Mitchell, ESQ.,, representing
Woods, then moved that the case be dis
missed and the defendant discharged. He
pointed out that the defendant had once
paid the penalty for this particular crime,
and that the proceedings before the Re-
dondo magistrate were a bar to further
prosecution, quoting from Oath California
Reports and other authorities to sustain
his position.
Assistant District Attorney Williams
agreed that the law quoted was good; that
IL loft n for arOIImant. and in bic
opinion, there was but one course for the
court to pursue.
Judge Smith then instructed the jury to
acquit, which was done. without leaving
the box, and the defendant and his friends
started to leave the court room.
General Williams was standing near the
end of the table, and as the result was
announced. remarked to Hopkins, who was
just behind him, swell, this thing has
turned out just as we thought it would.'
.Yes," replied Hopkins, there is $40 in
it for somebody"
General Williams at once called the at
tention of the court to the Objectionable re-
mark, and asked that Hopkins be punished
for contempt of court. as an insult had
been offered to an officer of the court in
the presence of the court itself.
The Judge ordered Hopkins to step for
ward, and inquired what he meant by the
remark he had made to the prosecuting at
torneft,
"N5thing, your honor, any more than
remark made the other night.''
'That is no answer to my question:"
sternly replied his honor. ''You do not
seem to realize what you have done. 1t is
such men as you who bring the courts into
disrepute, talking on the corners, and now
you can't keep it in. but slop over in this
room in the very presence of the court.
You don't seem to realize what it means at
all, and you will probably put in the next
six months of your life in misrepresenting
the court and its officers talking around on
The streets. Consider yourself under ar
rest and take your seat.
When the verdict had been received and
the jury dismissed Judge Smith again took
up the matter, asking General Williams
what should be done with Hopkins.
Gen. Williams thought he should be inn
prisoned, and not be let off with fine.
The insult was a fagrant one, and was
given in the very presence of the court.
For ads this ns .be reason an an example should be
Judge Smith said that it was repugpant
to his feelings to have to punish a man for
contempt for the reason that it looked as
if the judge feels wounded. But in some
cases it is necessary for the preservation of
the dignity of the court. His honor
alluded TO the loose manner in which
courts are discussed and criticized, and in
stanced one case where man of standing
in the community was standing on the
corner indulging in unwarranted structures
on his court. not knowing that he was the
presiding judge.
Judge Smith finally ordered Hopkins to
appear at 10 o'clock this morning to show
cause why he should not be punished for
contempt, in the meantime releasing him
on his own recognizance.
He Had No Case
A. Schmidt, who sued the Los
Angeles Consolidated Electric Railway
company for $4,000 damages for
Injuries received in colliding with
a car while riding bicycle on Spring
street, was non-suited before Judge Van
Dyke yesterday. The evidence showed
that the collision occurred on S. Spring
street, near Third. and that Schmidt re-
ally ran into the rear of the car, on the
side, and was dragged some few feet. His
bicycle was broken. As matter of fact
the railway company had cause for action
against the wheelman for running into
their car and knocking the paint off.
.t:- Fighting Over Furniture
The case of j. w. Browning VS.. E. A.
Miller, appealed from the justice court,
was on trial before Judge Puterbaugh yes
terday. The case is suit to recover 5000
worth of personal property, household fur
niture. etc., and which was decided by the
lower court in favor of the defendant. The
,,.sk s., -. 81.