Los Angeles herald., 1909-11-20
COURT AFFIRMS
JAIL SENTENCE
APPEAL DOES NOT BENEFIT
RECKLESS DRIVERS
VICTIM OF AUTO COLLISION CAN
PUNISH CHAUFFEUR
Superior Judge Holds If Man Is Con-
Victed of Battery Through Neg
ligent Eunning He Can
Be imprisoned

A way in which legally to reach and
to punish speeders or reckless drivers
or riders. whether of automobiles,
motorcycles, bicycles, wagons or other
vehicles, at last has been revealed. If
one happens to be struck by Ve-
hice in the hands or Negligent
driver and Is not too seriously injured
TO prevent a trip to the police station
he can swear to complaint charging
battery against the person he thinks
is responsible. If he is convicted in
police court and appeals it will not
prevent his serving term in the city
Jail, providing that is the sentence i'm
posed.
This, in brief, sums up the opinion
rendered yesterday by Judge Willis of
department IL OF the superior court
in the appealed case of r. W. Mat
toon, keeper of garage, who was ar
rested July last charged by f. w.
Penrod with battery and later con-
Victed and sentenced by Police Judge
Chambers to thirty days in the city
Jail. Judge Willis affirmed this judg-
ment, and Mattoon must serve his
term.
The facts in the case as they ap-
pear in the statement on appeal were
that Mattoon, with several other per-
sons, was driving along Pico street,
the speed of his automobile, accord
ing to the testimony, being in excess
of twenty-five miles an hour, Penrod
was struck by the automobile as he
alighted from a street car at FL Mo-
limo street. He was bruised and his
clothes were torn, but he sustained no
serious injuries. Mattoon continued
westerly until overtaken by Pa
trolman McMurray in a pursuing
machine, the speed of which for por-
ton of the way was fifty miles an
hour.
Mattoon Accused of Battery
Deputy District Attorney Arthur
Keetch issued a complaint charging
Mattoon with battery, prosecuted the
case successfully and argued the mat
ter when it was appealed by Mat
toons attorney.
Referring to the latter's contention
that there must be a joint operation
of act and intent in order to consti-
tute a defense, Judge Willis says that
where there is unlawful use of force
against the person of another the
criminal negligence takes the place or
the express criminal intent ordinarily
present in acts held to be public Of
fenses.
While this is said to be the first de-
cision in this state in which battery
with an automobile or other vehicle is
charged, Judge Willis quoted from
number of decisions rendered in other
states, laying special stress on decis-
ion handed down by the supreme court
of New York in which it was held the
speed of an automobile was immaterial,
and that 1t must conform to the same
street rules applied to other vehicles.
In closing his opinion Judge Wills
says:
"Under the law the streets of any
are held to be for the use
of all the people, and the court is of
the opinion that men, women and chill
dren have the inherent right to travel
in, along and across the same, without
having life or limb imperiled by the
reckless use of motorcycles, automo-
biles or other vehicles, and is therefore
to uphold the lower courts
in their efforts to protect the public by
a strict enforcement of state laws and
ciry ordinances enacted in the interests
Of public safety.
"In this case the evidence is sufficient
to show that the defendant. within the
meaning of the statute, willfully and
unlaWfully used force and violence
against the person of another; that
the rate of speed at which he Travelled
and the reckless manner in which he
drove the machine were sufficient to
warrant the lower court in finding him
at least crmnally negligent, and the
finding of these elements by the lower
court was all that was necessary to
authorize him to find the defendant
guilty"