The weekly Placer herald., 1853-09-03
NEW ADVERTISEMENTS.
To Whoss, 1t Nav Concern 80

To Whom 1t May COncern.---
The undersigned regrets the necessity
that brings him before the public, and
particularly to discuss a Judicial decision,
nor would he be indeed SO to do, but that,
in common with his fellow-citizens, he is
deeply interested in who shall be chosen
to set in the high places of the Courts of
the land. The undersigned was instru-
mental, whilst acting as District Attorney
for the county of San Joaquin, in obtain
ing Judgment by default on forfeited
! recognizance given by MIR. La Forge and
Mr.. Bail, for the county of Calaveras,
for the sum of three thousand dollars; -
This Judgment was obtained at the DC
tober Term, 1852, of the San Joaquin
District Court. Subsequently the defend
ants petitoned the Judge of said Court
to issue an Injunction to stay perpetually
all proceedings by reason of said Judg-
ment, and to open the judgment that they
might be allowed to come in and answer
on the merits. This petition was, by
order of the Judge, heard upon certain
day of the week, in the December Term,
which by chance was the day Oh which
the September Term was holden, and the
prayer of the petitioners was granted
From this order of the District Judge,
w. w. Porter, Esq, the then District
Attorney for the county, through my ad-
vice, appealed to the Supreme Court.
A full record, and an agreed statement of
facts, were certified up to the Supreme
Court, which, with Brief, was by me
flied in the office of the Clerk ofthat Court.
had no interest, pecuniarily, then, nor
| have now. My character had been as
sailed, and | desired justice for myself
On the 2lst day OF April last, the follow
ing judgment was rendered by the Su-
preme Court:
CHE PEOPLE OF, SC, App'NTs, VS. LA
FORGE AND BALL, REsP'Ts.-And now,
at this day, the cause being called, and
having been heretofore submitted and
taken under advisement by the Court,
and all and singular the law and the prem
ises, being now here by the court seen,
heard, understood and fully considered !,
the opinion of the court is delivered by
Mr.. Justice Heydenfelt, Mr.. Justice Wells
delivering o concurrent opinion, to the
effect that the judgment OF the Court be-
low be affirmed"
In arriving at this conclusion, the court
hold the following language in their
"opinion" o.:
"Thls was bill in equity to set aside
a judgment which was improperly obtain
ed. The reasons ass igned are, that there
was no cause of action and no notice to
the parties"
If these men mean by improperly OBJ
tanned, to say that judgment was gotten
by chicanery or underhanded means on
my part, then say it is false. That the
reasons assigned, as the grounds of petit
ton, were 'fno cause of action" and emo
notice to the parties," is also untrue
The reason assigned is general charge
of fraud in obtaining the judgment, and
so far from want of notice being a sub
ject of complaint, the defendant La Forge
avers under oath that they were person
ally served with summons. The state
mcnt of facts agreed upon by both parties
shows it to have been straight forward,
plain transaction on my part, and that not
one legal step was LACKING from the de-
caring the recogni2ance forfeit until the
rendering of judgment. Ii do not speak
truth, let the records condemn ne-by
them will stand or fall. The public are
interested so far in this, that the same in
justice may be practced on any one,
whenever the occasion offers and the cir
cumstances induce these men to believe
that they may practice it with IMMUNITY;
and as Judge Wells is now before the
people soliciting a reelection to the exal-
ted seat he has crept into, let him clear
this matter up on the stump, in connec-
tion with one or two other decisions, in
the defence of which he seems to have
taken the field.
JAMES ANDERSON.
Auburn, Cal, August 90, 1853.
The above was published in the San
Francisco Herald of the 25th ult. 1t will
be seen that charge Judge Wells with
concurring in an opinion, in which, there
are two positive falsehoods-fa lsehoods
apparent by the records, to which refer
him. Up to this date | have not heard
from the Judge, nor from any one in the
matter, save one d. w. Perly, whom
| only have money to advertise, as a
creature utterly devoid Of the elements OF
a gentleman, miserable trickster at the
laac, and an unmitigated scamp. t
r'. JAMES ANDERSON.
Al n