The weekly Placer herald., 1854-09-09

the Sheriff not being at that moment III
the room, he said he would appoint
special deputy to take charge Of him, and
should appoint Mr.. Fonti. F. declined
the honor about to be conferred upon
him; said he had no Jail to keep him in,
and could not be responsible for him.
The Judge then looked around the room
for some other person in hose charge to
rut the prisoner, when we reminded him
Of the great importance Of the case, that
the entire fortune of the orphan children
was at stake, and that there should he
prisoner that if he took him out Of the
custody Of the Sheriff Of Stockton, the
only person in whose custody he could
properly place him, was the sheriff of
Santa Clara, who had II Jail to keep him
in. Mr.. Roach here said that he had per
Sonal objections to the heriff of Santa
Clara, aud Mr.. Perey observed there was
no color Of law for Judge Wells to ap"
point deputy that he had no right to
do any such thing that he must either
discharge the prisoner or remand him
Mr.. P. also asked tue Judge who was re-
sponsIhlr for the prisoner in the meantime,
and he replied, the Supreme Court is re
sponsibp. The Judge was then request
rd by us not to commit the prisoner to
any body except some officer who had n
jarI. aud who was responsible on an official
bond, and thereupon he decided that the
Sheriff Of Stnrkton should hold the priS
oner in custody unit the >herff of Santa
Clara arrived, and that he should then
turn the prisoner over to him. He then
gave orders to Woodsidps, Clerk Of the
Supreme Court, to see that this was done,
and came down from the Bench and ad.
Journed.
In "A few minutes the Deputy Sheriff Of
Santa Cara arrived at the courtroom
and offered to take charge Of the prisoner
pursuant to the judgment just given.
when Judge Wells, (who had fingered
behind the prisoner and his friends, Wood
sides, the Sheriff Of Monterey, and a man
named Williamson, a constable of Mon
,erev,) told the Sheriff that he had no
need Of his servces-that hr had appoint
ed this Williamson a special deputy, and
refused to permit the Sheriff of Santa
Clara to execute the Judgment he had
given not five minutes before.
The Sheriff Immediately informed Per-
lev of this fact, who thought it absolutely
impossible that the judge had made
secret order, after giving his judgment in
court, and that there must e some mis-
take about it
MeSsrs. PprIey and Ferry Immediately
went to the Judges house to ascertain the
truth.
On arriving here they found Ho,card,
and PerIey told Judge Wells what the
Deputy Sheriff of Santa Clara had said,
and the Judge denied that he had seen
the Sheriff or spoken t. him on the sub
j+rt. Perley repeated what the Sheriff
had said about dispensing with his SER
vices, and the Judge requested P. to put
it in writing, which he did. PerIey then
said that he " ouId swear tn it if necessary,
and the Judge requested him to do so.
The Judge then said this affidavit was n
proceeding in n ease. p. told him TO do
so, and then Informed him that he had
not only written it and sworn to it, but
could also provcit. The Judge thereupon
admitted that he had appointed William
son special deputy to ho d the prisoner
until the meeting of the Supreme Court
in October next. Howard and Terry
then told him that that was not the jIdg
ment he had given in Court, and that they
did not understand how he could make
such an order; that they would much pre-
fer to have him discharged altogether;
that this person. Williamson, was mere
tool of Roach; that he was his most active
partisan and confederate, that such an
order was virtual y dscharging him. His
Honor then made another statement in
regard to the matter. and said that he had
# the prisoner in charge of the Sheriff
Of Stockton.
Terry here said that the Sheriff of
Stockton had no power out of his county,
had no Jail to keep him IN, and must "f
course take him hack to Storktnn, as he
would not wait there month. The
Judge then said the Sheriff of Santa lara
had him in custody, when he was remind.
ed of What the sheriff had said, about his
services being dispensed with, which the
Judge did not again deny.
Perey here informed Judge Wells that
he thought Judge Cieanor would treat
all his proceedings as illegal and void,
and v u.d issue Il new attach and re-
commit the prisoner for his misconduct
and contempt. His Honor then sad, he
would see about it; that he would lock
him up in the court room OF the Supreme
Court. and Woodsldes and himself would
keen possession OF him. Terry then said
he might order man in custody, but did
not see how he could take him into GUS
tody.
'I'he .Indpe said he could and ,cO,tId do