The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-07-28

An order was issued at o'clock on Saturday af
ternoon by the Executive Vigilance Committee for
the arrest of one James r. Maloney, or as he was
most generally known, Rueben Maloney, . noto-
Ious scOundrel. The order was placed in the hands
OF Sterling A. Hopkins, who, in company with
several Others left the Committee rooms land went
In search OF the man whom he was to arrest. They
proceeded up to Palmer, Cook Co.'S Bank, on the
corner of Kearney and Washington streets, and
found that Maloney and lot of his companions
were in the Office Of DR.: Ashe, the Naval Agent In
the second story. Mr.. Hopkins placed his men on
the outside of the baDk and went up into DR..
Ashes Office, and approached Maloney for the pur-
pose of arrestDg him, when the latter and his CON-
panions among whom were Judge Terry, Dr. Ashe.
and Ham. Bowie drew their pistols and presented
them, cooked. Hopkins, who was unarmed, thoughtit
advisable to retire at this demonstration and accord
iDgly went down stairs and tod his men to keep
strict guard upon the building while ne went after
more assistance. DR.. Beverly Cole happened to be
passing by on horseback at the time, and Mr.. Hop
kins borrowed his hsrse and rushed down TO the
Committee rooms. He went into the Vigilants' po-
and asked for aid. The Chief Of the Police Depart
ment told him to return and keep strict watch
upon Palmer, Cook & Co.'s building. and that he
would soon send him reinforcements: Hopkins rode
back, and just as he arrived there Maloney, Terry
Ache, Ham. Bowie. j. McNabb, and another person,
armed with double barrelled guns, were turning the
corner Of the bank from Washington into Kearney
Jackson. occasionally turning round and le-
yelling their guns at Hopkins, who had dis
mounted, and his companions, James Bovee,
D: W. Barry, H. A. Russell and Joseph Caprice,
all Of whom were in pursuit Of the resreating scoun
drels When the latter party had passed up jackson
street to little above the Pennsylvania engine
house. (Terry and Ashe then being In the rear Of
their party0 Hopkins attempted to rush past Terry
for the purpose OF seizng Maloney, when Terry pre-
sented his gum and prevented the former from pass
ing. Hopkins seized hold Of Terry's gun and q
struggle ensued in which Terry aided by one of his
party got the advantage and pressed Hopkins down
At the same moment DR.. Ashe had presented his
double barrelled gun, cooked and with his finger
upon the trigger, at Bovee's breast and hestatng,
cried, care you friends" Bovee said, EYES," and
struck Ashes gun aside, and at the same instant
drawing his revolver placed 1t at Ashe head Ashe
cried, "Don't shootg and Bovee replied, "Drop your
gum then, you scoundrel!" which Ashe did and took
to his heels or at least retired towards the armory
Of the "Blues at the corner of jackson and Dupont
streets towards which the party it seems were pro-
ceeding.
In the meanwhile, the companion of Terry and
Ashe, whose name we have not been able to ascer-
tain, and who had been rendering them assistance
against Hopkins and Bovee, presented his cooked
gun at the head of Barry, who had just rushed up,
Barry seized the muzze of the gun in his left hand
and with his right placed his revolver at the head
of his adversary, who dropped his gun and also took
to his heels for the Blues Armory, as Ashe had
done before him. It was at this instant that Terry
who had drawn large sized bowie knife, plunged
it into the left side Of Hopkins neck, inficting
wound some six inches deep and which will in all
probability prove fatal. Hopkins staggered back,
Terry and those who were still with him immedi
ately fed TO the "Blues'" Armory which they sue
ceeded in entering, Bovee and Barry at their heels
was closed in their faces. They then took positions
in front of the building to prevent either exit en-
trance.
ARxINa AND ACTION OF THE VIGILANCE COMMITTEE
The news Of the murderous assault was instantly
carried to the Vigilance Committee rooms, where
the alarm bell was sounded. The streets in q few
minutes were filed with crowds, and o number Of
the Vigilance Committee Immediately seized their
arms, and pressing up to the Armory, on Dupont
street, surrounded it to prevent Teys escape. The
cavalry also assembled Immediately, and so universal
was the response to the summons, that number of
draymen, who at the time were loading up their
drays for the up river boats, like Putnam, stopped in
the midst Of their labors, Embarrassed, mounted
their horses and rushed to their ranks. There was
great excitement in every place; The streets in
and drawn sabres; horsemen were hurrying to and
fro, infantry companies were forming and marching;
anxiety and agitation depicted upon every face
and everything predicted time Of terror.
THE ATTACK AND cAPITULATIoN OF THE ARxoRY OF
THE MARION RIFLES.
The people, however were destined to obtain
other signal triumph. A few " law and order men
had rushed to their different armores; but before
any number Of them were aware Of it, the armory
Of the blues" was completely surrounded with
large bodies of armed nfantry and cavalry as were
also the banking house Of Palmer, Cook & Co., on
the corner of Washington and Kearny streets, and
the law and order armories in the old California
Exchange. the corner Of Kearny and Clay Streets
and Of Calhoun Benham's Company near the corner
of Montgomery and Pacific streets. This well timed
and judicfous movement, ordered doubtless by the
same master mind whose genius had been apparent
in all the military operations of the Vigilance Com
mittee from its first organization, took the oppos-
tion by surprise and ensured their total overthrow
and surrender.
When the Vigilance Committee had formed about
this building which is located corner jackson and
Dupont streets, a knock came 70 the door. Captain
Ashe and Lieutenant Reese asked what was wanted.
To this written reply was received from the Vigi-
lance Committee, as follows-
CORNER DUPONT AND JACKSON STREETS
sAs Francesca, June 81, 1856. I
r. r. AsHK and J. MARnS RyysE, commanding g:-Gen.
temen-we have 10 say, in reply to your communica.
ton Of this date, that Judge Terry s r. Moloney and
your poss sson be surrendered TO the charge OF our
body, we viii give you and tn building which you
"protection from vigilance Yours,
By order Of the Executive Committee OF which we are
members, Nos IL 13 So cas-, 49,.
An answer In fifteen minu,es-ii being now ten mi.
To this q reply was returned, TO the effect that
they would give up Judge Terry and Reuben Molo-
ney that John Phillips was not In the amory, and
that they wished Judge Terry and Reuben Moloney
should be protected from the violence OF any outside
parties; that they be treated az gentlemen and that
they would turn over their arms accoutrements and
sidearms. This communication was subscribed by
r. p. Ashe, Captain Company A, and J. Martin
cisco Blues.
To this the Vigilance Committee replied
JuSE q, 1856
r. r. AsuE and J. MARTIN RuSr COMMANDING
We agree 10 protect Judge Terry and :. X. Moloney
from violence from parties outside Of organization
proposed, and beg leave 10 remind you that the time
proposed in our nrst note has already expired.
ny order OF Executive Committee, Of which We are
members. Nos. IL, 10, so, 332, CAS-.
There was no seal or names attached 10 these notes
SURRENDER OF TERRY AND MALorEY.
As soon as the prisoners in the armorv Of the
Blues found that they were completely in the power
OF the Vigilance Committee, DIR. Ashe appeared at
one OF the windows In the second story and said
that Terry was there, and would not attempt 70
escape. He asked that some Of the Executive Com.
mitee might be sent for TO confer upon the terms of
surrender. A message was Immediately dispatched
10 the Vigilance rooms, and at o'clock the crowds
having in the meantime become perfect Jams
throughout the whole vicinity Of the armory, five
members OF the Vigilance Committee arrived, and
made written demand for the persons Of Terry and
Moloney, and for all the arms and munitions oi war
in the building. Several communications passed 20