The herald., 1898-03-15
THE ASSAULT

Geo. Metcalf died intestate the follow
ing March. He stated orally that he want
ed his wife and Day appointed administra-
tors of the estate that his brother Henry
owed him $21 900, and If he died his famii y
would be provided for. Administrator Da y
discovered the loss of the notes and de-
manded an accounting from Henry Met
calf The latter delayed until Day was
urged to file the above action.
1t is stated that Henry Metcalf claims
that the transfer was merely nominal TO
protect his brothers estate for his family
and that he had a perfect right to take
back into his own possession the accommo-
dation notes.
This is the dispatch which the friends
of Metcalf claimed that Day caused to be
sent out in order to injure the local man.
The charges were unjustified according to
them, as the matter was merely a slight
misunderstanding in the settlement of the
estate and there had been absolutely nolh-
ing criminal in Mr.. Metcalf's part of The
transaction.
In any event Mr. Day, who had been
appointed administrator of the es-
tate, arrived here several days ago
for the purpose of settling the diff
CuitS Will lIlt lOCdl Hldll. Inc DuDlcdtlOn
of the charges prayed so heavily upon the
mind of Mr.. Metcalf that he determined
to retaliate by inficting bodily Injury upon
his alleged traducer Yesterday is said
to be the first meeting of the men since the
arrival of Mr. Day, but it is generally be-
lieved they had one previous conversation,
which might have precipitated the at
tack. Mr. Day was walking down Spring
CT IN With u
is a brother of the present United States
minister to China. They had just crossed
Third street. and were on the west side Of
the street. Mr.. Day being on the inside of
the pavement. when Metcalf approached
from behind, and without word gave Mr..
Day violent push that sent him forward
several feet. Mr. Day turned his head par
TALLY to see the cause of the attack, and
as he did so Mr.. Metcalf brought heavy
cane down upon his face with terrible
force. The stick, which is new article.
aud is probably an inch in diameter.
struck Mr. Day across the upper lip cut
ting the flesh to the bone and in
jurinS the right nasal cavity. So heavy
was the force Of the blow that Mr. Day fell
insensible to the sidewalk
Here what are you doing?" Mr.. Conger
Sdlu " htlcdll, anu WHPn the latter drew
back with his stick as If to give him a dose
of orange wood Mr.. Conger jumped back
and called to the bystanders to hold Met
calf as he thought his friend had been
killed.
No resistance was offered by Mr. Met
calf and Officer Frank Auble placed him
under arrest. The patrol wagon was
called and the injured man taken to the
receiving hospital, where Drs. Hagan and
Cole dressed his injuries, which were not
found to be serious. Mr. Day was very
dazed. so remained at the hospital. He
was unable to make any statement of the
assault or of the differences between him
self and Mr.. Metcalf, as his mouth had
been bound up in dressing his injuries
Mr. Metcalf was soon released upon s1oO
cash bail being deposited for him by CITY
Attorney Dunn. Mr. Netcaf consulted
with f. II. Lamne, and declined to make
any explanation of his assault. Mr.
Conger swore to a complain; charging
Nc tcalf with battery.