The Nevada journal., 1853-07-01
Unlawful Assemble .e.

ne city was thrown lntO an uprOar
on Monday last by rumors of a probable
collision between certain parties min
ing in the ravine east of Main street,
and citizens who own the lots and build
ings verging OH the ravine. The par
ticular spot in dispute was the land i'm
mediately in the rear Of Drs. Lark &
Adams store, into which some five men
were digging. The rumor of the antic-
ipated difficulty drew great many
! people together, most Of whom seemed
drawn, however, more by curiosity than
a desire to participate. The parties
working at the bank were repeatedly
requested to desist, and at last were ar
rested by the sheriff and posse, after
considerable resistance They were
brought before Justice Colburn, and the
two ringleaders, Sam'l Rogers and G. B.
Dlnsmore, were committed for trial, -
= give below the opinion of Justice
Colburn in this interesting case. We
have been requested by y'many miners to
say they do not coincide with those who
wish to dig up the lots of citizens in
the public streets, and that the acts of
the parties to this transaction has not
the countenance of miners as a body.
We presume this is true. 1t must be
evident to every one that the value eff
the land on either side Of Main street
skirting thesravines is far more valuable
for stores than it can be for mining, and
it is ridiculous to talk Of giving security
for all damages done by mining where
the mining cannot produce the value of
the property. 81
The last legislature were importuned
to pass some law restraining these en-
creachments on building lots. From all
the important mining sections petitions
were poured in, and we remember our
self circulating a petition for this region
which was sent down with hundreds Of
signers. All was disregarded in the
great little ends that engrossed the at
tentlon of those model legislators. This
evil however is now growing too great to
be passed over in silence, and the Leg
islature must come up to the mark
Either destroy all rights of the majority
of the community and leave the power
in the hands Of a favored few, or extend
| the needed protection to merchants, and
other citizens, who require few square
feet of land for their stores and dwell
ings. -
nthe case of The People vs.. Samuel Rog-
ers and G. B. Dinsmore, who stand charged
for participating in an alleged tumultuous as
semblage and refusing to disperse when COM
manded by magistrate, the Court has
carefully reviewed the testimony which has
been adduced and the law by which the case
is governed.
In respect to the latter, the statutes Of this
State provide that if two or more persons as.
separate without doing or advancing towards
| it, each person shall be deemed guilty of an
unlawful assembly and upon conviction
thereof shall be fined in sum not exceeding
two hundred dollars or imprisoned In the
county jail not exceeding three months
| 1t also provides that if two or more per-
sons assemble for the purpose Of disturbing
the public peace or committing any unlawful
act, and do not disperse on being desired or
commanded so to do, by a judge, justice of
the peace sheriff, coroner, constable or other
public officer, the persons so offending, shall
on conviction, he seyerally fined in any sum
not exceeding five hundred dollars and inn
lprisoned in the county Jail not more than six
months
The question for consideration is, whether
the defendants have by evidence submitted,
laid themselves liable under these provisions
and it appears to the court that this is the
only question at issue. The cause of the as
semblage or the right to the property in dis
pGte las it appears from the evidence) is en-.
tireiJ foreign to the subject and irrelevant,
neither n2s the court at the present time
light to take cognizance of the guilt or inno-
cence Of any other parties las may have been
elected by the testimony but that of the
defendants in the present case, whatever may
be Its duties hereafter, which it will not shrink
from.
From the testimony of the witnesses, it ap-
pears to the court that the defendants did as
semble for such unlawful purpose. The wit
ness Dinsmore testified that the defendant
Rogers declared that he would raise gang
of men that would work the ground out, and
he would like to see the man that would stop
him, and in accordance with this and other
threats of violence, he aud others did assem-
bic in large crowd on the bridge in the af-
ternoon of the same day. The same witness
further testified that the defendant, Rogers,
persisted in staying on the ground after the
assemblage were commanded to disperse by
the magistrate. Mr.. Williamson also testi-
fed that both Rogers and Dinsmore were on
the ground until arrested by the sheriff. 1t
was also in evidence that the two defendants
in tbic 1o% oIopa ~, tbair Il