Butte record., 1856-06-28
To His Exceuencu, J. Neeig Johnson,


San Francisco to take command of the
ID Military Division, and to proceed to
muster into the service the Volunteer
Companies Which were There organized
In no Instance did depart from your
orde' s-to act strictly on the defensive:
neither was it my intention to act in
any other than that of repelling an attack
by the insurgents. Indeed, the position
in which | found m, ,selt-without money
and with only a few arms-renderer
any other Course impossible We had
not the necessary means to firm even
an efficient encampmert; and therefore
;hought it advisable to let the compa-
nies continue their drills in their v.rious
armories, without making any demon
sttation on the streets.
An affair occurred on the 2lst, Sat
urdlv, which resulted in an open armed
demonstration by the insurgents upon
the volunteer companies muster d int
service under Your orders. Between
the hours of two and three O'Clock Of
the day, it seems that man named
Hopkins, with an armcd party, acting
und the orders Of the so-callpd Vigi>
lance Committee, proceeded to the
rooms of the Hon David S Terry, one
of the Judges of the Supreme Court.
and DR.. Richard P A,he, for the pur-
pos Of arre>ting Mr.. Reuben Maloney
Mr.. Maloney refused to recognize THEN
authority, and subsequently, left the
70 ms, and, in company with Judge
Terry and DR.. Ashe, proceeded along
- street. While Judge Terry was
proceeding qui tly in the street, Hop
kins rushed upnn the Judge, and at
tempted to di,arm him, by sezing a
gun which the Judge held in his hand
A scufii'' ensued, in which Hopkins, fail
ing to wrest the gun from The Judge, al
tempted 10 draw pistol from behind. =
Judge Terry then drew knife and in
f,cted a wound with it upon Hopkins
1t is needless to say that on the state
ment of facts as represented to me, had
Hopkins been killed, it would have been
IA clear case Of ju~ti6able hom eide on
the part OF Judge Ttrfy.
When tits occurrence took place |
was on bus ness on Montgomery street.
As soon as | was informed OF il, | went
immediate ly to the rooms Of VI ssrs Ter
~ and Ashc, but learned they were in
the Armory on Dupont street. | pro-
cteded thither, but found the door bar
red and Vigilance Committee people in
possession Of the entrance and street in
front. The alarm-bell of the Vigilance
Committee was Immediately sounded
and all the streets in the neighborhood
at once filed with the mi litary Of the
Committee, armed with musket-; and Il
multitude of citizens, all rushing togeth
er in wild confusion, and many of them
olamoring for the death of Judge Terry
About this time DIR Ashe opened one
of the second story windows of the Ar
mory, and said that, on the part of
Judge Terry, himself and others, they
left the whole affAir to an arrangement
between myself and the Vi.ilnnce Com
mittee. l proceeded to demand an in
terview with the Committee, and, after
some difficulty, secceeded in getting an
interview with VIM. T. Coleman and
two other members of the Committee,
who said that they had authority to con-
fer with me. l stated the circumstanc s
as bad learned them, and demanded
that Judge Terry should be allowed to
20 into the hands of the civil a ithori-
ties, and pledged myself that he should
lie safely kept to abide his trial. Dr..
Ashe had already informed me from the
window that the Judge was in the pos
session of the police. l represented 10
these men that Judge Terry could not
be arrested and tried by the Vigilance
Committee without danger of an immedi
ate collision of arms, which would in
volvc the peace of the who'll State, the
consequences of which no one could fore
see. Mr.. Coleman spoke Of moderation,
and departed with his associates, to con
fer, as they said, with other members OF
the Committee. They presently return
ed, and said they brlieved they under
stood aud wished I would communicate
with them in writing. l immediately
addressed letter 10 Mr.. Coleman and
the other members of the Committee,
demanding that Judge Terry shou'd be
left in the hands of the civil authorities,
or, if in the power of the Committee,