The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-08-04

il would be impossible TO resist il was decided by the
above named gentlemen after short consultation that
they would accompany me TO the armory of the San
Francisco Blues the corner of Jackson and Dupont
streets which, OF the stations Of the State torces
Il was thought would be place OF safety We all went
forth into the street together, going in advance, and
Judge Terry and Captain Ashe bringing up the As
time however had elapsed nce the departure Of
Hopkins he made his temperance with his rein
rcements running the street towards US; and then
occurred he scene between hlm ana Judge Lerry which
your journal has already givet in full As the following
description OF the occurrence, however, has not been
published IN your paper, append II IN order that the
current OF events may be complete In this account
IArrIDAvIr OF Mr.: JAMES prsIEvY.l
STATE or CALIFORNIA, e.
On the sd day Of june b. 1855 before @s VIM L.
me Sr ;S and .s
in jackson street saturday and the whole Of
yudge Terry The following true statement thereof :
Dupont than kesrney street when person whom have
WHIP osaTss Judge cried nusseE Who
Tf iHass sr
s sPea S@ s9 isG eo III and wsn
Court Hopkins replied don care damn hat he H.
Meanwhile John Susent The police oeer beiwesn
judge VERY just ihen perso Whose name do not know
but whom beIeye be Of Hopkins party rushing inpre
esi,ec scratch my baud A this momeh pistol fred
stumbled a. woandsd BY he shot though aerwards
turned Thai he stumbled accidentally. still trying 10
ss sbo and seeing Snssa Stumble al hs side aesnds
eg y he Or sssf
s but cGud no Then Judge Ferry drew knife and held
I'D not es Hopkins sSis he a
M s y the Th sa o sF
towards Kearny As ne passed me picked up kne which
ory Dupont and Jackson All this place
H. T" BHa nsss OF a i
Subscribed and sworn to before me this I'D day Of June
1856. WIN. l.. HIGGINS, Notary Public.
After this frigbtl occurrence party succeeded
reaching the amory the Blues, but the Vigilance Com
mitiee bell hav ing summoned the city ms the build
ing surrounded by three four thousand armed
men, many OF whom clamorously demanded we should
be all hung and all prepared to enforce capture
with cannon which they bad already eveed against the
doors Under such state Of odds, it would have been
madness TO resist Captain Ashe yielded 10 their de-
mands by capnulaton giving up all the weapons in
the armory and surrenderng ourselves on the condition
that We should be guarded in safety to the rooms Of the
Committee. We forthwith taken OF to their head
quarters when, encouraged by their triumph, and being
in the way OF war they attacked all the other armorics
Of he State IN town, and carried of their and in
mates Many OF the latter though their sole offence
being enrol ed in the lawful service of the State
marched in bardcuYs ANONYMOUSLY through the
streets, and all thrust into the dungeons OF the Com.
mttee.
Nothing worthy of especial mention occurred TO me IN
the dungeon OF the Vigilance Committee until Monday
the l3d on which date writ OF hdbeds corpus issued
from the United States District Court and placed the
10 the Vigilance @ mmitiee rooms and bring me forth
with before the United STAT Commissioner witness
against John l. Durkee accused with others, OF the
crime Of piracy, in boarding the schooner Julia the
Ugh seas and plunderng her OF arms &c. The OF
this proceeding soon reached the Vigilance Committee
through OF their spies and about when they
anticipated the arrival q the United States Marshal the
CHEF Of their Ioice, attended by two famiars, as
silent and grim those Of the Holy Brotherhood appear
ed 10 my cell ana commenced putting handouts upon
ALARMED al Ibis proceeding, | demanded what in
,enoed be done but they degned me no an, wer and
a n M q me fell M beh
me, and was marched in this state into -four store
Caitorta street, adjoining the Vigilance Committee
rooms. bad right TO believe that ! TO be led to
death, and il tor the public To decide whether
not under such circumstances, and under similar
fearful apprehension that sullivan in making resistance
T. the mapscles received the blow (ethcr from knife
Ct tie sharp short swords by any OF the
Committed which caused his death. Such at least is
'ne opun q hundreds q The best citizens OF san Fran
CISCO snr have right 10 make the suggestion here for
sc i = surely my opinion.
Vile was secreed IN this adjoining store thus fesruly
surrounded by moody AMI whispering rufsns, was in
formed by enc OF the iiy who observed my apprehen
sions thai The United - stes Marsha ut that
engaged IN searching the Committee for me,
ard that vhen he was gone should be returned 10 my
ell in sacly II 80 turned out and after was taken
bses learned that tbs Marshal shown likewise into
be -four store, and tEen suffered TO 60 away In this
shameful and conemptucrs manner was the highest pre-
een and nssi solemn arorty on The general govern
nent treated oy these lated brisands iing cpl
icgae C deliberate piracy IN aonrayention OF is avs.
Another inc cent Of my Improvement Q visit from
sub con nlitiee who informed zoe they wanted
Ia testify N the case Of Judge Terry on the charge OF
stabbng Hopkins. asked whether would be allowed
20 give evidence In presence o. the accused bit they told
me this would rot be l~rmttsd where'pon refused 10
ei fy unless by hs written request Upos beng assured,
Llw.yer that Judge Terry had made such request
gave thcm statement Il he ARRAY betwe.o Terry ard
Inns, similar 10 the account given by Ne Durlcvy.
They again upon this subject until the
Iorfhg 81 the pabcston u most extraordinary letter
winch Judge Terry had written 10 mis- wife and IN witch,
among many expressions that seemed to be designed to
proTitste the mercysot TIE Committee, he chose
credit them with noble motives, aud to call "a bad
man" Thy expected RON this 10 nnd 10 . mood to
bear wines against him. but tod them they had mis-.
taken Their that kI nothing tf Judge Terry ex.
Cept The writing Of that letter, whca 'coa.ist
eni win The highest sense o. courage aud Of honor.
This true, and can Tor the act OF Judge Terry
writing that unhappy letter - being wrung from him by
the ,crrors Of situation which few have the fort
From the 2ist u June 1.-THE day OF my arresD to the
ith OJuy, remained c0ae prisoner, and during thst
tine thou,h my rquiries we're freausnt NJ 10 what
charges were aeainst me aud whether vas 10 be al
owed trial no Information was accorded. some OF the
parties whom hailed With these nterrogatiors
vto had been my personal irepds. but abr
fear Of the supe Tor tribunal IN this reign OF terror
at none u them dared q give me the slightest sasfac
ton.
AT lcrstb, the evening Of the 9Th Of July acomm,
tes ~ hye came into my cell and Informed the ! must
leave the state On the steamer which sailed
for Panama the next day, ana that I must
never venture 10 return pain OF the severes penalties
When sskcd for what offence 70 be thus treated
they answered that explanation would be given One
OF the party however, who fingered behind told me a.
a great secret, that Il bad not been On board the
schooner Julia all would have been well. asked for
time 20 settle my business but this peremorily
denied. then asked 10 allowed 10 one certain
friend 10 whom ght entrust the agency OF NV AFFAIR."
while absent, and to whom might also make such ex
plantations Of my books and could be com
municaed N the gay q correspondence, but this like
wise wa dens me They said that the that they
could 90 wa 70 make out Tor me power OF attorney
with blank efi in FOR name, and that at clock The
next day Q little before the sailing OF the steamer
they would have notary board, aad could execute
ne paper N favor Of any one pleased demonstrated
Them Upon the necessity Of preparing clothing for the
voyage ard money Tor crsfheped s,ay, but they
nexorable A. II were making the most unwarraptabe
Of demands. II may not be out OF place mention here
that one influential member Of the Committee l. indebted
10 me 20 the extent Of 1900 and that several smaller
sums are owed r. me by other members Of the party.
AT noon, on The next day, the Committee sent a
named wallace 70 my cell, and desired my signature 10
the following PAPER
To EXECUTIVE CossrrTEr vIcrLAScr sAS FRAS.
GyrrEwESBeinr DESTROYS % leaving Francisco upOn
the which leaves to-day for Panama respectfully
cues, your permission 70 DO 20. Yours, respectfully,
A. read this paper deter mined not 70 sign a.
and pretending TO be very busy at the moment hastily
said ~ would attend 10 ~ and Mr.. Wallace went OIL
tvoo lock q q Of the \ Commtae Mezarg