People v. Ley

Searls, C. J. The defendant was convicted of an assault with a deadly weapon, upon an information charging him with an assault to commit murder.

The evidence at the trial tended to show that the prosecuting witness Moore, and one Baker, were, on the evening of May 3, 1887, at Tulare, and were desirous of going to Broder’s' ranch, which was in the direction of, but not on the direct road leading from Tulare to, Visalia. One Ward was speaking of going to Visalia, and Moore contracted with him to take him (Moore) and Baker to the ranch in his (Ward’s) buggy. On reaching a point on the road toward Visalia, where the road to the ranch diverged, Ward made some objections to going to the ranch, affecting to believe that it was farther than had been represented, the outcome of which was that the [408]parties agreed to go to Visalia direct. On the way, and after passing the forks of the road, Ward stopped at the house of a Mrs. Bentley, where, leaving Moore and Baker in the buggy, he entered and staid some ten minutes. The defendant and one Ridgeway, arrested with him, were stopping at this house, which was really not on the most direct road to Visalia.

All these things occurred in the night. After leaving the Bentley house, Ward turned from the Visalia road and drove off for perhaps 150 yards, changed his course and affected to be lost, turned back toward the Visalia road, drove a short distance, when his passengers got out of the buggy, and telling them to go up to some trees and he would “ drive on to see,” and would be back in a minute. He did not return, and was not again seen that night. Moore and Baker walked to' the trees, about 150 yards distant, where they met two men, who commanded them to hold up their hands, turn their backs, and give up their money. The robbers had pistols, and threatened to shoot if resisted.

Moore succeeded in getting a knife out, resisted the man who had him more particularly in charge, cut him, knocked him down, and seems to have been in a fair way to conquer, when his antagonist called upon his companion, who came to the rescue, struck Moore with a pistol over the head, and rendered him senseless. Two shots were fired by the would-be robbers,—one by the assailant of Moore, which struck the latter, and the other by Baker’s assailant.

The assault occurred about two o’clock, a. m. Moore recognized Ridgeway, whom he cut, and swore that in size and general appearance the other man resembled defendant.