Los Angeles herald., 1907-09-14
$500 FINE
FOR ASSAULT
JUDGE WILBUR SENTENCES J. r.
HARRIS
ALTERNATIVE IMPRISONMENT
EXCEEDS LIMIT
Prisoner Pleads Guilty to Reduced
Charge, Then Asks New Trial
on Grounds of Error In
Order

]. II. Harris of Avalon. an employee OF
the Meteor Steamboat company, was ar
raigned before Superior Judge Wiipur
yesterday on the charge of assault with
a deadly weapon on Claude walton.
Upon the recommendation of Assistant
District Attorney Paul Mccormick the
charge was changed to one of simple
assault, to which the prisoner pleaded
guilty He was fined $500, or to be con-
fined in the county Jail at the rate or
50 a day. Later the sentence was amend
ed by Judge Wilbur and Harris given
months probation to raise the money to
pay the fine
Between the imposing OF the sentence
and the order amending 1t there was
a lively discussion as to the legality
of the sentence, counsel for the defense
claiming that 1t was in error, as the
law limits the term from which one may
be confined in the county jail on sucn
a-charge to ninety days.
when the request for an immediate
sentence was made Judge Wilbur asked
TO hear some of the evidence introduced
at the preliminary, and 1t was furnished
by the assistant district attorney.
The trouble grew out Of the recent
order Of the superior court permitting
two rival steamboat concerns to do
business and solicit patronage on Cata-
lima island which business had heretofore
been enjoyed by the Banning company
exclusively Harris and Captain Walton,
father of the complaining witness, were
solicitors for the rival companies.
Harris Breaks In
On July "a Captain Walton was APP
preached by two women, who inquired
for tickets and information concerning
a trip in the glass-bottomed boats winch
ply between Avalon and Moonstone
beach Harris, who was standing nearby,
overheard the request and told the
women that his company was the only
one running boats to that point.
He was -epulsed by Walton. who told
him to mind his own business. Harris
retired and Walton succeeded in selling
tickets to the women. After the latter
had walked away in the direction OF the
boat landing, Harris is said to have re-
turned and threatened Walton and the
two men clinched, but, according to the
testimony, neither had struck blow.
when Claude Walton came to his father
aid.
In the melee Claude was cut in the
side by a knife in the hands of Harris,
who testified that he had no intention of
cutting him. but merely pushed him
away. After the stabbing Harris went
to lodging house, where he was arrest
ed later.
rest asked for the knife Harris at first
denied having one, but later produced
pocket knife which had one of the
blades broken off. He told conflicting
stories as to how the blade was broken.
The officer made an investigation and
found the broken end of the blade in
bureau drawer.
In the preliminary hearing it developed
that Harris had borne no malice toward
Vol
prosecution had recommended the reduc-
tior of the charge. Counsel for the de-
Tense supplemented the remarks of the
district attorney with the statement that
the defendants thumbs had been intro
duced in evidence to prove by the many
scars that he was an inveterate whittier.
Asks Immediate Sentence
After listening to the attorneys Judge
Wilbur said he would continue the case
until Monday in order to ascertain how
badly the victim of the assault had been
injured, but counsel for the defense re-
newed his plea for immediate sentence.
Judge Wilbur consented to pass SEN
tence at, once.
Attorney Meserve asked that the de-
PENDANT be paroled in the custody of an
officer so ne could go out and raise the
money.
THE prisoner may remain in the court
room in the custody of the bailiff while
the counsel arranges payment" said the
judge, land 1 will wait until o'clock
before committing him to jail"
Instead of trying to raise the money
Meserve looked up the law and at 4
o'clock returned to the court and made
a motion to vacate the order of the court
on the ground of error, so the prisoner
could withdraw his plea of guilty and
plead not guilty to the original charge.
II never heard of case where the
prisoner was permitted to withdraw his
plea after sentence had been pro-
nounced,' said Judge Wilbur, "and
would be glad to see some authorities on
the poinnt taken"
From until half past the attorneys
searched the statutes and court reports
for a way out of the dilemma and finally