The Placer herald., 1856-05-03
judge Searls.


holds mis- term in the county of Nevada.
Judge Searls mild courteous bearing has
won upon all who have had business during
the term, and his learning as lawyer enti-
ties him, and he receives the respect of the
entire bar on that account. In eXpediting
business there are few Judges in the State
his equal. The papers of his District are
profuse in their praise of him as Judge.
We have been led to make these remarks
as rebutal to an ll-natured attack made
upon him through the columns of the last
Iowa Hill Ne'cs," by an anonomous writer.
ishing Auburn, and all the people in these
parts. But we pass over all the small thun-
der in a general way, because these are mat
ters that will rest upon the truths of history,
and time will settle them correctly.
We do not consider ourselves collectively
bad, nor do we believe the people Of Iowa
Hill 50 regard us.
Judging from the tone of the article, we
should say the author was a witness in the
case of the People Us. Gallagher, and failing
to attend an attachment had been issued for
him, and he brought down to court.
The story is told as if it was some one
else, but the writer shows quite as much in
terest as a principal.
Having promised thus much, we will let
him speak for himself:
"An attachment accordingly issued: and a
Sheriff deputzed to bring him to Auburn
forthwith. He left this place in charge of
the Sheriff, and arrived in Auburn while the
trial was still in progress; the learned Dis
stand, but our friend remained below stairs
in charge of the Sheriff until after the ey-
dence was summed up on behalf Of the peo-
pie Through the poEteness of Mr.. Henson,
(the gentemanly Sheritf,) our friend was now
called into court to answer the charge
against him; after giving his reasons for not
attending, the Judge stated that he was will
INC to excuse the witness if the District Attor-
ney was; the District Attorney was willing
to excuse the witness if he paid the costs of
the attachment. Now mark the sequel
His honor replied "Well, be it so; such is
my decision.' Now, Mr. Editor, what is
your opinion of Law and Justice in the
Eleventh Judicial District of the State of
Calitornia?-A District Judge, whose duty it
is to act with impartiality in all matters,
must forsooth appeal to the aciSclom and feel
ings Of the District Attorney. before he can
decide a case at issue. ''Oh righteous
Judge. How much wiser art thou than thy
looks"' This certainly is great country
the Judge cannot form his own opinion
but must be guided by the benign influence
and advice of the District Attorney.
We happened to be in the Court room
when witness in the case, who was brought
from Iowa Hll by attachment, (and the only
one in that case,) was called to the bar to
account for Ills conduct.
We were in position to hear what trans
pired between the persons convcrsng, and
this is our understanding of the transaction:
The witness made his statement, which
was corroborated generally by the District
Attorney, who seemed to be interfering for
him, to save him from any heavy penalty
After the Judge had heard them through, he
said he did not think he could excuse him,
but that he would not fine him further than
the expense of the proceeding, unless the
District Attorney, who was familiar with all
the facts, should consider it insufficient; and
as this seemed to meet the views Of Mr..
Mills it was so ordered.
The District Attorney is an officer of the
Court, and the presiding Judge might we'll
rely to some extent upon information receiv-
ed from him as to what was the practice of
} udge Howell in like cases.
1t was not as to what was law in the
premises, but as to the extent of the fine,
and in this respect Judge Searles wished to
conform as near as possible to the practice
of this District. The Judge could have no
personal feeling to CRAFTY, and these impu-
tations cast upon stranger coming among
us, are mean and contemplate.