People v. Ferris

Morrison, C. J.: The appellant was convicted in the Superior Court of the County of Humboldt of the crime of an assault with a deadly weapon, with intent to kill and murder one James Mahoney, and was by that Court sentenced to five years’ imprisonment in the State Prison.

1. The first point made before this Court is, that the verdict of the jury was against the evidence. The facts are few and simple, and are substantially as follows:

The defendant was the owner of a drinking-saloon in the town of Eureka, and being indebted to one J. P. Monroe, executed and delivered to Monroe a bill of sale therefor, and thereafter J ames Mahoney was put in charge of the saloon by said Monroe. About two hours later, in the same day, the defendant came to the saloon and asked Mahoney for the key, stating at the time that he wanted to lock up the saloon. Ma-honey refused to surrender the key to him, and thereupon the defendant struck Mahoney with his fist. The language of the witness is: “ He said he would have it, (the key) and he made a pass at me. I knocked it off, and the next time I got cut in the stomach; then I cleared out. * * * Then, I should judge it was about fifteen or twenty minutes after I went over to McGarraghan’s, he hallooed to me. He was coming up by Buhne’s store, when he hallooed to me, and told me he wanted the key. I told him as I did before, that I would not give it to him, and he made a pass at me again. * * * He made a lick at me, and I knocked it off with my arm, and then he drew his knife. He struck at me and I knocked it off, and then I struck him, and he came at me with liis knife. He then cut me [590]in the side and twice in the head. I then ran off, and he chased me and overtook me. I then had to give him the key.”

This is substantially the evidence in the case.. The witnesses do not precisely agree in their statements, but the evidence clearly establishes the guilt of the accused. The key was rightfully in the possession of Mahoney, and his refusal to surrender it constituted nó just ground for the assault made upon him by the defendant.

We have said that the key was rightfully in Mahoney’s possession, and therefore he very properly refused to let the defendant have it; but if the case had been otherwise—if the defendant had been justly entitled to its possession—the refusal to surrender it would have afforded no just or legal cause for the assault. The verdict was not contrary to the evidence, but was fully sustained by it.