The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1898-05-26

o1pERED TO PAY A FINE OF
1--WE HUNDRED DOLLARS
SEVERELY SCORED AS WELL
His Assault Upon Day Was Branded
by the Court as an Atrocious
and Unprovoked Crime

Henry H. Netcalfe, the man who struck
f. ]. Day of Council Bluffs in cowardly
manenr' some time ago in front OF Ebin-
gers bakery, corner Of Spring and Third
streets, with a heavy orange wood cane
from behind, and without provocation,
was fined yesterday $500 by Judge Smith.
When the case was called the court
overruled a motion, based upon statutory
grounds, for new trial, and ordered the
defendant to stand up. Metcalfe was told
that he had been tried for an assault to
murder, but had been found guilty by the
Jury of an assault with a deadly weapon
Had he now any legal cause to offer why
sentence should not be passed. The de-
PENDANT said he had none.
s.Mr. Metcalfe," then began the judge,
s.your offense is one in which the court
has tho discretion to make 1t a felony or a
misdemeanor, to send you to the peniten-
tiary or to the county jail, or to fine you.
After mature reflection. have decided to
impose fine upon you. At the same time
/ must tell you that your crime is one of
the most atrocious and unprovoked as
sauits which has ever come under my ex-
perience. 1t was committed with the ut
most elaboration. You bought this
heavy cane and followed your victim-you
sought him out-with the intent to strike
him a most vicious blow. Had you sue
ceeded, as you meant to, In striking Mr..
Day on the nose. no power could have
saved that member, and you would have
been guilty of mayhem. Then you surely
would have gone to the penitentiary. You
did not even have the heat Of passion or
real grievance to plead as an excuse.
How you can reconcile your conduct
with the rational acts of human being
is beyond me. You showed by your wit
nesses that you have heretofore borne
most excellent character In view of this
previous excellent character, the judg-
ment Of this court will be that you pay
fine of $500 or be imprisoned in the county
jail at the rate Of one day for every two
dollars of the fine :,
Metcalfes assault upon Day has proved
30 far one of the most expensive on rec
ord in the county. After he had nearly
deprived his victim of his life, he man
aged by a pull to have a complaint for bat
terry issued at once against him. He hast
ened to plead guilty. and his counsel tried
to rush the proceedings through with
comet-like velocity, In the hope that
conviction for battery would act as stay
of higher proceedings. Justice Owens
fined Metcalfe $100I which was Immediately
paid. But the friends of Day were not
satisfied. and vigorous pressure was
brought to bear upon the district attor-
ney's office to cause Metcalfe's rearrest
for the same transaction, on the far graver
charge of assault to murder. The friends
g the defendant raised the useless cry of
In I'd In he Oh n IySff
court where he had been taken for exam
nation, but Justice Young decided that as
committing magistrate he had nothing
to do with pleas. His only province was
to determine whether, from the evidence
adduced. there was probable cause to hold
Metcalfe to answer for the offense
charged.
He found that there was, and the de-
PENDANT was sent to the superior court for
trial. Here the plea of once in jeopardy
was again dragged forth, denied by the
court, but submitted to the jury, along
with the judges instructions. when the
case was placed in its hands. 1t found
Metcalfe guilty of assault with deadly
weapon, and that his former trial for
battery had never placed him in jeopardy.
nor could it act as bar in the proceedings
in which it was engaged.
Metcalfe, has now paid 5000 for one blow.
He is not yet at the end of his troubles,
because Mr.. Day also brought sSAivll &C.
ton against him, In which damages in the
sum of $4,000 ara demanded. This case is
to be set for trial before Judge Allen next
Monday. The verdict will beyond any
manner of a doubt be against him, and
his single blow with new orange wood
cane will, when all the troubles between
Day and Metcalfe have been adjudicated,
be the dearest single blow ever struck in
Los Angeles county.