Coffee v. Haynes

CHIPMAN, C. Action for the value of certain legal services as attorneys-at-law rendered defendant Haynes by plaintiff’s assignors. Plaintiff recovered default judgment for nineteen hundred and twenty dollars on June 31, 1898, and on the same day a writ of execution was duly issued in the action and was served upon appellant Lees June 33d, as garnishee. Appellant answered as follows: “San Francisco, June 33, 1898. (Directed to the sheriff.) Dear Sir: Replying to your process of garnishment .... I have in my possession no moneys .... belonging to Theodore P. Haynes, .... except such as has come into my possession in my official capacity .... by reason of said .... (defendant) haAdng been a prisoner in my custody, and any and all of which property is exempt from attachment or execution by reason of its having come into my custody in the manner aforesaid. Yours respectfully, I. W. Lees, Chief of Police.” Thereafter, and on the same day, plaintiff filed his affidavit in the court praying an order of the court directed to the said Lees to show cause why he should not obey the Avrit of execution. On June 37th, the judge issued an order requiring the said Lees to show cause, to which the latter made written return under oath July 1, 1898. The matter was heard upon the papers and upon the proofs submitted at the hearing, and the court ordered the said Lees to pay over to the sheriff the sum of nine hundred and forty-seven dollars and forty-five cents. The appeal is from this order and is here upon bill of exceptions.

On March 33, 1898, Lieutenant Burke, of the police department of San Francisco, was shot and killed by defendant, who was promptly arrested and brought to the police station, where he continually proclaimed that the men who had visited him on the occasion of the lieutenant’s death were robbers and thieves, [564]and that the lieutenant was not an officer, but was a robber and had come there to rob him. It was suggested to defendant that these persons would not have robbed him of much if they had robbed him, whereupon he disclosed the fact that he had money hid away and buried. To determine whether this was a mere delusion appellant went to defendant’s cabio,taking defendantwith him. A search was made under defendant’s direction, and under the cabin floor a considerable sum of money was unearthed and some jewelry contained in tin cans. Appellant believed, from the persistent claim of defendant that he was about to be robbed,and from his conduct in the matter, that some question was raised as to defendant’s sanity, and that whether the existence of this money was or was not a mere delusion was a material fact bearing upon defendant’s sanity. It seems that defendant stated with great accuracy just what he had buried away in each tin can, and it was thought by appellant that to that extent this knowledge showed that he was sane; and it w'as claimed by appellant that the money so seized was necessary evidence to be used at the trial, and hence could not be taken by attachment. It is not disputed that the money belonged to defendant. His examination took place on April 11, 1898, and bis trial began on June 8th following; he was convicted on June 13th and was sentenced to imprisonment for life.