CASE OF SHOOTING BY A JUDGE.

Grey River Argus, Volume XII, Issue 1098, 3 February 1872, Page 3

CASE OF SHOOTING BY A JUDGE.

The San Francisco Bulletin, December 1, reports :—" At half-past 3 o'clock this afternoon, Charles de Young, of the Chronicle was walking on the east side of Montgomery street, from California street toward the Chronicle business office, in company with John M'Combe, ; money broker, when Judge Deles Lake, who was standing on the inside of the sidewalk, sprang upon him, percipitating the whole force of his body upon him. He struck at him several times rapidly, but without effect. He then raised his cane as if to strike him. They both struggled for a moment, when De Young freed himself from Lake's grasp. For a moment they stood eyeing each other, when Lake drew a Derringer pistol. Upon that De Young dosed with him again, and grasped his right arm to prevent his shooting. They struggled for a moment and fell, De Young under. Lake all the time had his pistol in his hand, and was endeavoring to point itiatDe Young's head. He alternated this endeavor by pottnding De Young over the head with the pistol. De Young was unable to resist except to endeavor to prevent Lake's shooting him. The struggle lasted perhaps 30 seconds. No one in the meantime interfered as lookers on where chiefly anxious to get out of the way of flying bullets. Finally Lake discharged his Derringer. The ball grazed De Young's scalp, inflicting a flesh wound, causing Blood to flow freely. Lake then continued to pound De Young, dubbing his Derringer for that purpose. Several persons then sprang in; and tore -Lake oft from De Young. Lake was arrested, and De Young was accompanied fta his office by a huge crowd. The ball which Lake fired took effect in the thigh of E. D. Wheeler. Wheeler was taken to K< room. The cause of the attack is found in the many reflections on Judge Lake in the columns of the Chronicle, and more particularly the recent articles drawn forth by the Casey libel suit. Lake was taken to the office of a magistrate immediately to give bail. Lake's statement is that his attention was merely to rive De Young a second caning, but seeing him go down into his pocket for his pistol he, (Lake) drew j that De Young then threw np his hands as & signal that he was "unarmed,* when he (Lake) .dosed in upon him. He says he did not intended to shoot, him, but that the Derringer had exploded accidentally." The Bulletin of the following day reports:—" Lake was arrested; and officer Seybold, who aided in arresting him, determined to enter a charge of assault with intent to commit murder ; but Districtattorney Byrne objected to this, declaring that it was no more than an assault with a deadly weapon, with intent to commit 8/ bodily injury. This was therefore accepted at the time, and Mr Byrne and F. O. Edwards became Lake's securities in the sum of l,ooodol. for his appearance before the police court for examination. Saturday, when the time for the case to be heard came, Judge Lake was not present. Mr Louderback asked that it be passed for a short time, which was done, and then as Judge Lake did not appear, he moved the Court to issue a bench warrant for his arrest. Judge Sawyer objected thai the accused is a judge of greater power than himself, and he did not wish to order his arrest. MrLouderback insisted'tbat they were dealing with the accused, not as Judge Lake, but as a citizen accused of crime, of a felony, and that as that court was a place for equal justice, he did not think any favoritism ought to be shown in the present case. Judge Sawyer said; if "Judge Lake was not in attendance at noon he would] order a bench warrant to be issued for his arrest. At noon Judge Lake was present, and was informed of the action of the Court. Me said he would- have to leave that city for a few days; was going to Stockton, and although for obvious reasons he desired an early examination, it would be necessary, to ask for postponement. Judge Sawyer said he could see in this case no reason for asking an increase of bail unless it was to produce some effect oh the minds of the community. If Judge Lake would promise to be in attendance a week from next Monday, at 9 a.m., he should unhesitatingly permit, him to go. Judge Lake declared that he would be in court at that time."