The Sierra citizen., 1854-02-25
Collision between the State and City
Officers at San Francisco.

Officers at San Francisco.
From the general tone of the San
Francisco papers, we infer that the people
are greatly exasperated at the unwarrant-
able stretch of authority on the part of
Judge Wells, of the Supreme Court, in
summarily ordering a gang Of villains to
be turned loose in the city without even
coming to trial. We learn from the
Courier, that the Vigilance committee
are about establishing their tribunal,
which was formerly the only conservator
of life and property in that city. San
Francisco has always been cursed by
herds ofthe most brutalized convicts from
the British penal colonies, as we'll as the
skillers" and assassins of theAtlantic cities;
| AID if they are to be protected by judicial
functionaries, the people of the mountains
will visit the Bay City as seldom as posi-
bic. The whole matter will be understood
from the following statement from the
Times & Transcript.
| On Friday afternoon an application was
made to the Police Office for some officers
to arrest some persons who were engaged
in creating disturbance at the Mercantile
Hotel. Sergeant Towle, and officers Haven
and Wall were sent down, and upon their
arrival were attacked by the party in the
room and severely beaten. Hearing that
the officers were likely to be overpowered,
an additional force proceeded to the spot,
headed by Captain North; they succeeded
in taking James Turner, William Carr and
James Casey to the station house. Warrants
were then issued for the arrest of other
persons who were in the party, and Sergeant
Towle and officers Dolan, Black and Wall,
proceeded to the bark Zoraida, laying out
in the stream, to arrest them As before, a
desperate resistance was made, and Ser
geant Towle was knocked down and badly
bruised, but for all that stuck manfully to
his prisoner, though there were fifty of his
! friends present. the vessel being bound to
Guaymas. and with the officers with him,
succeeded in arresting three men, named
Gallagher, Lewis and Perry, and bringing
! them to the station house. Some dozen
others were arrested. At the station house
! the prisoners behaved in most disorderly
manner, making terrible threats, and abusing
and assaulting the officers. Capt. North,
of the Police, was thrown down and some
what injured. Application was made by
their counsel, Mr.. Kewen, to the Recorder,
to release the parties Oh bail, but he declined
doing So though it is also stated that he
said he would accept bail if satisfactory
The same application was made to Judge
| Wells, of the Supreme Court. who issued
| tl.af j Il
''In the matter Of the application of
James z. Casey, Willim Lewis. William
Carr, James Turner, Martin Gallagher,
Thos. Perry, ct al.-Hajeas Corpus.
| Let writ of Habcas issue; and it is
| further Ordered that the petitioners be
discharged from close confinement, until
IL o clock tomorrow, 18th instant.
ALEXANDER. WELLS,
Associate Justice Of the Supreme Court.
Feb. 18th 1851"
| Capt. North at first refused to obey the
| order. and sent it back to the Marshal; the
Marshal gave the order, and Capt. North
released the prisoners, much against his will.
1t was understood that the Recorder was of
opinion that the order was Illegal but
considered the Marshal the proper person
to decide upon it; and the Marshal consider
ing that the Judge Of the Supreme Court
knew what was legal, did not feel at liberty
to disregard it. On Saturday morning a
writ Of habeas corpus was served upon the
Marshal. requiring him to show by what
authority he held them in custody; upon
which, he made the following return
'The within named parties are not in my
custody, having been discharged by Justice
Wells, of the Supreme Court of the State
of California, some twelve hours since. +"
The accused persons, however, made their
appearance of their own accord, but the
District Attorney being employed in an
other Court, and the City Attorney not
making his appearance, they were dismissed
by the following order
ssSAN Francisco Feb. 18, 1854.
A writ of habeas corpus having been
issued upon the petition of James P. Casey,
VIM. Carr, VIM. Hamilton, VIM. Lewis.
Martin Gallagher, and John Perry, and no
person appearing against them or either of
them, and no good cause being shown for
their detention, it is ordered that inasmuch
as such detention is illegal and without
authority, that they and each of them be
discharged from custody.
ALEXANDER WELLS,
Associate justice of the Supreme Court"
The Recoder had previously declined
having anything to do with the case, con-
sidering that it was taken ont Of his hands
by Judge Wells. We understand that it is
the intention of Mr.. Byrne, the District
Attorney, to bring the whole matter
; before the Grand Jury.