Butte record., 1853-12-31
District Court, Butte co.,-Hon J. w McCorkle


the organization of this county The most i'm
portant case being the trial of John H Harper
who was accused of stealing $3.50, from an
old lady, named Mary Evoy while travelling in
the stage in company with her from Shasta to
Marysville. This occurred some time in May
last Itappears, according to the evidence (on
the part of the state, there being five witnesses.
The prisoner had none;) that Harper went into
this ROBBERY premeditatedly and that he could
not have conceived plan more suicidical in
its results. if he had searched the criminal
catalogue from beginning to end. This is the
language used in the prisoners argument in his
own defence, but he denies the truth Of the
testimony. The principal witness, Mrs Evoy
says that he paid such particular attention to
her and her satchel in which the gold dust was
deposited that her suspicious were aroused,
and when a the Dry Greek House were the
money was first missed she fastened the guilt
upon Harper, there being hut one other pas
senger in the stage Of whom she had no sus-
picion. On their return to Meals Ranch
search was proposed, to which Harper slightly
objected. The other passenger whose name is
Cummings was willing to be searched and when
the search was made, the bags containing the
gold dust was found on the person of Harper,
or in the pocket of his cloak This was so
palpable that all we're satisfied of his guilt
and when no hope was left him he sank back
and exclaimed I am ruined Although he
still accuses the man Cummings ofhayinc sto-
len it and to prevent detection had put 1t into
his, Harpers pocket He stuck to this to the
last of his trial. When taken back to Meals
the people came very near hanging him He
was committed to prison by Justice Wright
and admitted to bail by Judge Shultz, in the
sum of 81 200. The press condemned his
Honors course in the matter, and he raised it
to S4, 900, and even then the enormity of the
crime so aroused public Indignation that the
amount Of bail was raised to 81 900 As he
had no friends to give that amount he has lain
in Jail up to this time. Several attempts have
been made to try him, but in consequence of
the death of Judge Smith and the want Of his
witnesses no trial was had until the present
term of court. Mr. Sexton the District Attor
ney was assisted in the prosecution by Col
Baker who was employed by the plaintiff 1t
was one sided case entirely SO far as testi-
mony was concerned, every thing against him
and nothing for him The District Attorney
made short work of it after the witnesses were
examined, he however acquitted himself very
handsomely in a neat little speech to the Jury
thinking no doubt that farther exertion would
be unnecessary persecution.
1t was understood that Mr.. Harper would
close the case by an argument in his own de-
fence, and this rumor filed the court house to
its utmost capacity, several Of our fair ladies
being present, The case was first presented
to the Jury however by his counsel P H, Har-
ris Esq, who went into the argument with
determination to do justice to lis distinguished
client, whether success crowned his efforts or
not. He stated to the Jury his peculiarly en-
barrassing position in having no testimony to
offer on the part Of the prisoner but he should
rely solely upon their mercy. and was conf
dent that their sound Judgement would never
allow them to commit the prisoner on mere
circumstantial evidence which though strong
against him was not sufficient to condemn him,
He quoted eminent law authors showing that
ii was better to let ninety nine go unpunished
than sacrifice one innocent man He labored
with the zeal of a brother and showed
talent equal to our best criminal LAWYERS to
save his client from that ignomny and shame
that awaited him in the event of a verdict of
guilty. He spoke of the high and honorable
position heretofore enjoyed by Mr. Harper in
his hap7iest and most feeling and forcible
style
The case on the part of the State was again
taken up by the assisting attorney, Col Ba-
ker, who handled the prisoner without gloves.
He showed up the law touching circumstantial
evidence in quite different light, and in fact
deuled the existence Of it in this ease--that il
was proof positive. The well known ability
Of the counsel, in conducting important mat
ters, was here most brilliantly displayed. A
criminal falls into severe hands, when his acts
are laid bare by his scorching language.
which cuts and carves without mercy, and like
two-edged sword. In his explanation to the
jury, he called things by their right names.
and in words of great weight and remarkable
force, did he drive it home to the conviction of
the minds of the jury and all present He
alluded to the fact of Uarpqr taL-inr +bo