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Show HE WAS CALLED A "BOOBY." AThy Don C. Young Assaulted Harte Pyper's Defensive Summary. At 5 o'clock yesterday afternoon, as announced in last evening's Democrat, the trial of Don C. Young, one of Utah's legislators, for assault and battery upon C. T. Harte. of the Tribune, came up in Justice Pyper's court, the complainant, I defendant, 'several members of the Leg islature and a squad of newspaper men being in attendance. James HJ Moyle, prosecuting attorney, conducted the case, and the defendant waived the reading of the charge and entered a plea of guilty. Charles T. Harte, the complainant, was put upon the stand, and, in reply to Mr. Moyle, stated the circumstances of the j assault, which were, substantially, that on coming down the stairs from the legislative legis-lative chambers yesterday morning, with his umbrella in one hand and the other hand in his pocket. Young had followed him and struck him twice on the side of the head and on the lower lip. The injuries in-juries were not serious; his lip was CtrrJTan (I rwl fhara ipaa a lnmii fin flia cin of his head. Previous to this Mr. Young had spoken to him in reference to the Tribune calling him a " booby," and before be-fore he struck him on coming dojvn stairs had said to him that he didn't see anything in the Tribune about him that morning. Harte replied that he guessed he didn't, as there wasn't anything in about him. The defendant was then sworn, as he stated he would like to make some explanation. ex-planation. He said he was not in the habit of taking the law in his own hands, and should not have done so only that he felt considerably put out by the Tri bune item and;being classed as a"booby." When he spoke to Harte about it, he was further insulted by being told that it was only what some of his fellow legislators had termed him, and that he had no right to object to it, anyway. He had struck the reporter twice, not'as hard as he could have hit him though. Harte raised his umbrella to strike him after the first blow was struck. Was not sure who wrote the '.'booby" item, but saw Harte reporting there ; and thought he could have corrected it if he had wished to. No further witnesses were called, and J udge Pyper proceeded to sum up the case in a novel manner. Cases of this kind were very common, particularly in this country, where newspapers made so many charges. He would read the law of criminal libel on the subject, although what relation the law on libel has to an assault and battery case, or what libel was committed on Young, the Judge did not show. He (the Judge) knew both parties well both were quiet and peaceable peace-able and from his personal knowledge of Mr. Young ihe did not think he would have committed the assault unless under the heat of passion. The complainant's injuries were not serious, and as the defendant de-fendant had pleaded guilty he would be fined $17.50, including costs, or seventeen and a half days with the gang. The fine was paid and Don Carlos departed, de-parted, looking for other scribes to conquer. |