The Placer herald., 1856-09-20
Trial of Durkee.

DuIkee who WAS indicted with Rand, upon
the charge of piracy, in taking the arms Of
the State, from the officers of the State militia
in the Bay of San Francisco was acquitted
on his trial and therefore the prosecution
against Rand was discontinued by motion of
the L. S District Attorney.
After an elaborate examination of the au-
thorities, Judge McAllister of the Circuit
Court of the United States, concluded his
charge to the jury as follows:
After a careful examination we give to you,
gentlemen Of the jury, the following instruc-
tons:
|. That if you believe, from the evidence,
that the prisoner took the arms with the in
tent of appropriating them, or any portion
thereof, to his own use, or permanently de-
prive the owner of the same, then, in the
opinion of the Court, he is guilty.
IL. But if YOU believe that he did not take
the arms for the purpose of appropriating
them, or any part thereof, to his own use,
and only for the purpose of preventing them
being used on himself or his associates, then
he is not guilty.
As we understand the matter the entire
operations of the Vigilance movement come
under the same rule of law, and the impli
Gated parties on trial would necessarily be
quilted, for which reason we hope this will
end the prosecutions and that peace and
good feeling will again prevail among the
people of the Bay City.
OF Mr.. Mckbben, it is said by some of
the ''oldest inhabitants" of this town, that he
was formerly engaged in the same legitimate
business, pursued by p. I. Herbert, and
which seems to be a sine qua non in Con
gressional nominee before a Democratic
Convention. If this be really the case, and
Mr.. Mckibben should chance to be elected
the Irish walters about Washington had bet
ter stand by to dodge. The Placer Herald
has talent for biography and we should be
pleased to learn something of the antecedents
of their Congressional nominees.
Placer Press.
We have enquired in vain for one of those
"oldest inhabitants" who would be willing to
stand responsible for the charge so ungener
ously insinuated by the Press. 1t would be
well for the editor to look at home before
making grave charges of the kind, keeping
in mind the bomely old adage, "those who
live in glass houses should not throw
stones"
Christian purity, but the saints have certain
ly not forgotten the advice Of their master,
viz he who is without sin, let him cast the
first stone.
We learn from the history of the country,
that Mr. McKibben has served a term in the
Senate of California and more recently held
an office under the General Government, in
both of which positions he has discharged
his duty with fidelity to the people and credit
to himself. He is native of Pennsyl-
yania-An honorable man, whose position
in society is at all times equal to our cotem'
porary who, we believe claims to be within
the pale of decent society.
ANOTHER DEMOCRATIC CLUB ORGANIZED.
The Democracy of miners Ravine have
organized, the jackson Club w. w.
Caperton President j. W. Smith Vice Pres-
dent w. G Hggings Secretary.
ACCIDENT AT WISCONSIN HILL.-TwO
men, named burke and Gilmore, were blown
up in the Coloma Tunnel at Wisconsin Hill
a few days since burke was badly burned,
biz hrnl,an. Cil.noro fhounh ont and