Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1902-01-02
STREET FIGHT.
Paul Hayens and Chief l'MOore In
jured in a Scrap en- fifth
Avenue.
Paul nayenS Given q Preliminary
Hearing Before Justice Pat
Gaftney.

States Attorney Rose Asks that
Charge of Resisting Officer
be Dismissed.
In row on Fifth avenue Christmas
afternoon a number of citizens partic
ipated. 1t all started when, under
the influence of liquor, Paul Havens,
well known and peaceable young
! man who is night cook at the Delmon.
leo, took O. A. Boynton's team and
rode one of the horses around the
block. His companions took him oil
the horse and it was found that por-
tion of a halter was broken. Mr..
BOynton appeared on the scene and
was indignant. Havens, it is stated,
offered him IS for the damages, but he
declined and insisted that the young
man be arrested.
Chief L'Moore states he was not
particularly anxious to arrest Havens
for what appeared to be a harmless
prank, but as BoyntOn insisted,
L'Moore asked Havens to accompany
him to the station. Havens started
with L'Moore to the station. They
had proceeded but short distance
when Boynton grabbed hold of Hav-
ems. This angered the young man,
and in a few minutes there was gen.
eral mix-up.
Three times HavenS, who is over
six feet tall and fairly we'll built,
cleared the sidewalk. In the scrap
Chief L Moore was kicked in the ribs
and quite severely hurt. Havens was
finally overpowered and taken to the
station.
A man who hit Havens when he was
securely held by several men, is scored
severely by people generally. Hayens
was badly bruised in the mix-up.
A number Of prominent citizens
took greater or less part in the
arrest, and none came out Of the me-
lee with any considerable glory. 1t
made an otherwise quiet Christmas
day quite lively for a short time.
The little court room of Justice Pat
Ga6ney was crowded Friday
and many assembled in the hallway
when the preliminary hearing of Paul
Havens, charged with resisting Officer
Moore on the the evening Of Decem-
Der 25, was begun. 1t was decided to
have the justice write down the testi-
mony of the witnesses and as result
the trial progressed very slowly.
Officer L'Moore was the first wit
ness. He said he was called by Mr..
Boynton to make the arrest, the
charge being disordsrly conduct. The
officer said he touched Havens' coat
and said: "Paul you will have to come
along with me-" and Havens walked
with him several steps, witness fur
ther stated, when defendant made
the remark or something similar, ''No
- man can arrest me-" A clinch
followed.
At the request of States Attorney
Rose Officer L'Moore told the story
of the alleged resistance, as follows:
''The trouble began when Havens
said: No man can arrest me.
l clinched and we fell to the sidewalk
where we lay for some minutes to-
gether. l was then pulled off OF him
from behind. 1 called for help. He
got up and began to fight everybody.
I came around later and attempted to
arrest him again. Another clinch
followed in which citizens took more
or less part and finally, by the efforts
of several citizens, he was lodged in
the city Jail"
In answer to question as to
whether he struck Havens when the
clinch occurred, witness said he did
not. That he did not think it neces-
sary. Asked what he meant by saying
Havens began to strike everybody,
witness said he meant everybody who
attempted to arrest Havens-that he
struck at all who attempted to arrest
him.
Paul Havens was on motion OF States
Attorney Rose discharged in Justice
Gaffney's courtSturday. MI. Rose gave
as his reason for asking MIR. Havens'
discharge that he had been misin-
formed regarding some Of the facts in
case. But one witness had been ex-
amined, Officer L'Moore, and from his
testimony it appeared that he had not
seen the offense Of taking o. A. Boyn-
tons team committed by Havens, and
had not informed the latter what he
was arrested for. The arrest was not