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

Terry and a number of others on the;- way down.
The Governor, however, judiciously again concluded
ayessel was untrue. Mrs. Terry however, took pas
cage on the steamer Confidence, on her regular trip
down. and arrived IN this city last evening. She
proceeded to the Vigilance Committee rooms.
wnere she was treated with great consideration and
politeness, and had long interview with her
husband. 1t Is said that large room has been
fitted up for tie accommodation Of the two, and
that Mis-. Terry will remain with her husband.
CONDITION OF Mr.. HOPKINS.
AT one o'clock we called at the Pennsy lvania En-
CINE House, and were informed, by y physician in
attendance that Mr.. Hopkins was sleeping, and
seemed comfortable. His pulse, which had been
varying all the morning. and was, at one time down
10 80, was then running at 100. His breathing had
been difficult and labored last evening. caused. as
was supposed, by coagulated blood In the larynx;
but the difficulty had been removed, and he was
breathing comparatively freely and easily. The
chances were still against him bat various of the
worst symptoms had disappeared, and stronger hopes
were entertained of his final recovery than at any
former time since the reception of the blow.
COMMANDER HowARD's OFFICIAL REPORT OF THE
CAPlTULATIoN OF TIE ARMORY OF THE MARION
To HIS ExCELLENcy J. NrELY JOHNSON. COVER.
NOR OF THE STATE OF CALIFoRNIA:-In pursuance
OF your orders OF June TO- proceeded to the city of
San Francisco to take command of the Second NH.
tary Division, and proceed to muster into the service
the volunteer companies which were organized.
In no instance did depart from your orders, to
act strictly on the defensive neither was it my in
tention to act in any other than that of repeng
attack by the insurgents. Indeed, the position in
which l found myself-without money and with
only few arms-rendered any other course impos
sibe. We had not the necessary means to form
even an efficient encampment; and therefore
thought it advisable to let the companies continue
their drills in their various armories without making
any demonstration ON the streets.
An affair occurred on the 2lst (Saturday), which
surgents upon the volunteer companies mustered
into service under your orders. Between the hours
Of two and three o'clock of the day, it seems that
man, named Hopkins, with an armed party, acting
mittee, proceeded to the rooms of the Hon. David
s. Terry, one of the Judges OF the Supreme Court,
and DR.. Richard Ashe for the purpose Of arresting
Mr.. Reuben Moloney. Mr.. Moloney refused to re-
rooms, and in company. with Judge Terry and DR..
Ashe, proceeded up Jackson street. While Judge
Terry was proceeding quietly in the street Hopkins
rushed upon the Judge and attempted to disarm
hand. A scuffie ensued, in which Hopkins, failing
to wrest the gun from the Judge attempted to draw
a pistol from behind. Judge Terry then drew
knife, and inflicted wound with it upon Hopkins.
1t il needless to say that the statement Of facts
as represented to me, had Hopkins been killed, it
would have been clear case OF justifabe homicide
on the part Of Judge Terry.
When this occurrence took place was on business
on Montgomery street. As soon as was informed
Of it l went Immediately to the rooms of Messrs.
Terry Il Ashe, but learned they were in the Armory
pIOCeeOe0
door barred and Vigilance Committee people in pos
session of the entrance and street In front. The
alarm ben Of the ViRilance Committee was imme-
dately sounded and all the streets in the reghbor.
hood at once filed with the military of the Commit
tee, armed with muskets, and multitude Of citi-
zeDs, all rushing together in wild confusion, and
many Of them clamoring for the death Of Judge
Terry.
About this time DR.. Ashe opened one Of the second
story windows Of the Armory, and said that, on
the part Of Judge Terry, himself and others, they
left the whole affair to an arrangement between
myself and the Vigilance Committee. l pro-
ceeded to demand an interview with the Commit.
tee, and, after some difficulty, succeeded in get
ting an interview with William 7. Coleman and two
other members Of the Committee, who said that they
had authority to confer with me. / stated the cir
cumstances as lad learned them, and demanded
that Judge Terry should be allowed to 20 into the
hands Of the civil authorities, and pledged myself
that he should be safely kept to abide his trial. Dr.
Ashe had already informed me from tine window
that the Judge in the possession Of the police.
i represented To these men that Judge Terry could
not be arrested and tried by the Vigilance Commit
tee without danger Of an immediate collision Of
arms, which would involve the peace OF the whole
State, the consequences Of which one could fore
see. Mr.. Coleman spoke Of moderation, and depart
ed with his associates 70 confer they said, with
other members o. the Committee. They presently
returned, and said they believed they understood,
and wished ! would communicate with them in
writing. ] Immediately addressed q letter to Mr..
Coleman and the other members of the Committee,
demanding that Judge Terry should be left in the
hands of the civil authorities, or If in the power of
the Committee, should be restored to them. To this
communication there was verbal answer that there
was no reply.
In the meantime the military of the Committee had
surrounded the house In which Judge Terry stu
ated planted cannon In front of IT, and succeeded in
arresting the Judge and DR.. Ashe; but under what
pledges and assurances from the Committee, II any,
have not learned, up to ten O'Clock at night all
communication with Judge Terry or DR.. Ashe had
been refused to their friends.
There were stationed at the different arrnories at
this time, only small guard over the arms. In
few OF them, portions OF the companies collected A
fast possible but they were instantly surrounded
by the military Of the Committee in large force, and
compelled to surrender. Resistance would have been
madness In the face OF such an Overwhelming force
Their arms seized and taken to the rooms Of the
Committee, and many of the men were arrested, and
marched prisoners to the fort OF the insurgents.
i have also 10 report that the arms Cl3 stand)
delivered ON your requisition to the State by Cen
Wool, while in the custody Of two officers Of the
state, in q small vessel, on their way TO San Fran
cisco, were seized by an armed party OF the Vig-
lance Committee, who had been sent from the city
for that purpose in vessel armed with cannon and
muskets; that when one Of the officers demanded
their authority, they produced the well known seal
and authority Of the Committee, and read IL, COM
handing the seizure. I also learn that the arms
,s sns Sass hi,
men added piracy to their other crimes and
euormities.
seeing that there was no hope OF ehcctilg any
ihing in the city for the defence and protection Of
those arrested have esteemed IL my duty TO report
dll the circumstances to your Excelency, that you
may take such action as your Judgment may suggest.
The circumstances connected with this movement
are such as TO leave no doubt on my mind that the
insurgents aim at nothing less than entire over
throw OF the State government and secession from
the federal Union. If il had been their purpose to
disband In short period they would not have COM
mtted piracy by robbing vessel Of a small guam
tity of arms upon the bay. They would not subse-
quently have levied actual war upon the State by
surrounding the armories by q large military force
and seiziDg the State arms, and making prisoners Of
the men guarding them; especially they knew that
your orders were that should act the defensive,
and that | had no power or means TO pursue any
other line Of conduct IL must be obvious 70 all men
Of ordinary discernment that this lawess associa-
ton has proceeded from one crime and outrage TO
another, until they have arrived at the conclusion
that there no safety for their leaders but in revou
tion and separate government on the Pacific. They
bave committed treason murder piracy and the feo-
Dy of kidnapping. They have violently and with force
Of arms trodden down the authority OF the execu.
tive and the judiciary. They have, at the point OF