The Nevada journal., 1854-09-08


Clara arrived at the courtroom. and offered to
take charge Of the prisoner pursuant to the
Judgment just given, when Judge Wells, (who
nad fingered behind with the prisoner and his
friends, Woodsdes the Sheriff of Monterey.
ana man named Williamson. a Constable of
Monterrey told the Sheriff that he had no need
y OF MS services. that he had appointed this Viii
hanson special deputy, and refused to permit
the >herlT OF santa Clara to execute the iudq
ment he had given not five minutes before
The Sheriff Immediately Informed Nr. PerIy
of this fact. who thoug't it absolutely impos
sble that the Judge could have made o secret
order, after giving his Judgment in court, and
that there must be some mistake about it.
Mr. Perey aud Mr. Ferry Immediately
went to the Judges house to ascertain the
! truth
On arriving there they found Mr. Howard
and Mr.. Periey, and told Judge Wells what
the Deputy Sheriff Of Santa Clara had said
and The Judge denied that he had seen the
sheriff or spoken to him on the subject Mr.
+ Perlcy repeated what the sheriff had said about
Judge Wells dispensing with bis services, and
/ that the Judge requested Mr.. P to put it in
writing which he did. Mr.. T. then said he
would swear to 1t If necessary and the Judge
! requested him to do so, which be did The
Judge then said this affidavit was a proceeding
IN case. aHd he would entitle it as of the case
MIR. p told him to do so, and then informed
him, that he had not only written it and sworn
to it. but could also prove it. The Judge
thcreGpon admitted that he had appointed
Williamson o special deputy to hold the pris-
0Her until the meeting of the Supreme curt in
October next Nr. Howard and Mr. Terry
then told him that that was not the iulyrnent
o. in hot
understand how he could make such an order;
that they would mach prefer to have him dis
charged altogether; th-t this person William
5oE, was mere tool of Roac' that ne was
his most active partisan and confederate. and
that such an order was virtually dscharging
! him. His Honor then made another statement
IN regard to the matter end said that he had
left the prisoner in charge Of the sheriff of
Stockton.
Mr.. Terry here said that the Sheriff of!
Stockton had no power ont of his county, had
no jail to keep him ill., and must Of course take
| hlm back to Stockton, as he would not wait
there Il month. The Judge then said that the
Sheriff Of Santa Clara had him in custody,
when be was reminded Of what the Sheriff had
said, about his services being dispensed with
which the Judge did not again deny.
Mr.. Perley here informed Judge Wells that
he thought Judge Creanor would treat all his
proceedings as illegal and void and would is
sne new attachment, and re-commit the pris-
oner for his misconduct and contempt. His
Honor then said. he would see about it: that he
would lock him up in the court room of the
Supreme Court, and No0dsides and himself
w.uld keep possession ofhim. Mr. Terry then
sad he might order man into custody, but
did not see how he could take into custody.
The Judge said he could and would do
i, and If necessary he would make a Jail
of his private parlor. and lock the prisoner
up IN 1t. until the meeting the Supreme
Court. After some further conversation
between Judge Wells and Mr.. P we left,
thoroughly dISgusted ar the exhibition we
had Just witnessed, without any definite
idea OF the course his Honor meant to
/ pursue, alter the numerous and conflicting
tttements he had made on the subject
We learn afterwards. that he had placed
/ he prisoner in the hands of Williamson,
the Constable of Monterey, and that he
! oniy exarted security 10 the amount Of
/ $4,000, and that the Coroner of Monte
rey and p. C. Woodsides, Clerk of the
! Supreme Court. were two Of the suretieS
the Coroner being party defendant in
/ the action. and charged as a confederate
with Roach in cheating these children out
OF this money. We are informed that all
| the securities together are not worth $1,000.
! after payment OF Just debts. and he has
gone TO Monterey OH his Qarol, given TO his
/ friend Williamson
! In doing these acts we conceive that
Judge Wells has been gnilly of gross
violation OF law, and of his Official duty
The only thing he conld properly DO was.
to discharge the prisoner, or remand him
into the custody of the Sheriff of San 10
aquin. He had no power even to put him
into the hands Of th. Sheriff OF Santa
Clara, much less to appoint a deputy, and
especially Il deputy nho was the ally, crea-
ture and tool Of the prisoner himself
Judge Wells decided on the Bench, al the
hearing Of the case tha: he could neither
bail Or discharge the prlSsner "a be was IN
cuSto ~ on a charge OF contempt under
mittimuS issued by court of competent
jurisdiction, and thus he should remain in
custody OF the Sheriff of Santa Clara, until
the meeting Of the Supreme Court. After
adjournment, and without notice 80 US, Ar
our clients, he changed the order in sU n
manner as virtually to discharge noach
from the Imprisonment for the Contempt.
for placing hin in The custody Il William
. son. under the circumstance, was a mere
subierluse. The prisoner has been per
mitted to 60 to Monterey, where he will
have full opportunity TO gather up the
money be onginc to these neirs. and place
i not only hsy"nd their reach, bat beyond
the process ot Court.
We regard the action ofJudge Wells as
destructive OF the interests Of these orphans.
We do not look u,on the bonds of s25, goo
given by Williamson as any security, be-
cause, even If the snreties were able TO
respond, we repeat how what we said TO
the Judge that Roach would make $50, 900