The Nevada journal., 1854-07-28
fAdvertisements.1
"A. Card.

To he Editor Of the Nerada Journal:
About the llth inst my attention was directed
BY fiend to A CARD appearing in your paper,
over the signature Of C. Wilson Hill, giving HIS
VERSION Of the melancholy afair ut Alpha Eiill on
the 30th Of June last.
should have allowed the whole affair to have
passed in silence, aA he subject will probably re-
ceive full and scratching judicial nvegrig alton MT
early day; when is to be hoped for the credl,
of law and Justice in California. that the Testimony
Of dhinterested bystanders and close observers will
not be excluded-thercby giving credence to the
testimony of Mr.. Bell, who is himself most deeply
interested in the result of this affair. and who has
himself stated that Il ON the effects of the blow. he
received and his excitement, he knew but little of
what took place.
could have excused Mr.. Hill for tine language in
his "Card," in reference to myself, at,ibuting his
statements to the excitement of which he makes
mention in his communication. or the convenience
of his me mory, which enables him to remember to
forget when it is for his interest to do so-w ere
there none others than myself interested.
Mr.. Hill states III his Gard, that in the suit OF
New orthy and others VS. Bell and others, on June
9Th the return day OF the summons, "An affidavit
for continuance was made by the prffs, on the
ground of the absence of witnesses. objected that
the affidavit did not allege that plfs expected to
procure the attendance OF the witnesses. The OBJ
lection was overruled, and adjournmen granted
until Tuesday, June goth. was again present,
ready for trial the ps again obtained an sdjourn.
ment on the same kind OF an affidavit"
Now for the facts. On the 18Th of jane at the
shown by the affidavit, by the subpenas, and also
by D. w. nidey. constable, that due diligence had
been used by the pFfs to obtain the attendance OF
Witnesses that the subp9nss were issued in time
but that the constable had not been able 10 serve
them by reason of pressure of business there hay.
ing been in the intermediate time case in winch
there were three trials before jury were able 20
agree.
AS to the second adjournment towit: the one or
the 20th MIR. Hill stats that ''thc second adjourn
had ind Of i
first Such was not the case. The second ad.
journment was had under sections 5S4 and 5sJ OF
IAN act to regulate proceedings in civil cases in the
Courts of Justices in this State which is difficult
! proceeding, and much more stringent than was ne
cessary 10 obtain the first adjournment After the
proper affidavit was FLED, complying word for word
with the statute, and undertaking with good and
sufficient sureties-not only to the satisfaction oil
the Justice, but also of the Atty hiniself-and he
had devoted an hours eloquence to prove that the
express provisions of the statute mean nothing, an
! adjournment was granted.
| Now for the trans actions Of June 90 IN refer
to portion Of his statements of that day. pro
ceedings, feel an especial interest
Mr. Hill says in his CARD, that "On the 2lst OF
June, T. II. Rofe, Justice OF the Peace of Nevada
township, made visit to Alpha, and he, Judge FL
lison and s. J. New orthy, the plffs in this acton
were overheard holding conversation in regard to
| this cause. Which convers alton was written down
| by the person hearing 1t, and transmitted TO me-"
| Here lies the secret OF the whole matter An
eavesdropper had secretly and silently overheard
gentlemen during three hours pirate Conversation
in pri,ate room, and had then come forth and
transmitted to Mr.. Hill the basest slandery.
Again, says Mr.. Hill, in his Card; b" Under these
circumstance, felt it my duty atty for det'te
to file all affidavit for change of venue, setting out
the aforementioned grounds in the affidavit. The
case came on Friday. June 30tn, ut 10 A. NJ. I'M
mediaey filed the affidavit, making some remarks
but did not read the affidavit"
Soon after this tino arrived at the Court Room
while discussion relative TO costs was going on
l asked TO see the affidavit when TO my surprise
found thut Mr.. Hill, In drawing the affidavit, instead
Of confining himself TO the statute and making the
affidavit in accordance herewith had latter stating
tnat ne "cannot have fair and impartial trial be
! fore Justice Ellison, by reason OF the prejudice o
bias Of said Justice, y proceeded with for the fol
lowing reasons to-Sit." Here follows over two
pages OF closely written fool'cap, being series 0
charges against the conduct and characters OF jas
tice Ellison and other honorable men--charging tn,
conduct Of Justice Ellison with being wilfu mali
cious, fraudulent connising and conspiring. Thu
making himself the willing instrument OF the caves
dropping ,landcrer, TO circulate the talsehoeds
! Twas slandcr filled her mouth With lying cords;
SlaudSr ne foulcst wbclp o sin. Icaa