Weekly Trinity journal., 1857-04-25

JUDGE HAGAR did not think Judge had au-
hority to inquire into the sanity of person rep
resented TO be of unsound mind. 1t could only
be done by Court. 1t certainly was not intend
cd that person charged with serious crime
could be relieved from its consequences by pro-
ceeding of this kind. He could only account for
it in the present instance by either ignorance or
collusion on the part of the Judge in Trinity
county.
The above is extracted from the proceedings,
as reported in the San Francisco Herald, in the
matter of j. W. Holt, Sheriff of klamath Co., in
his application for release from custody under
writ of habeas corpus.
We care not under represent ation of what cir
cumstances Judge Hager thought proper to base
his unwarrantable conclusions in the premises in
regard 20 Judge Miller. We deem it our duty to
lay the following facts before the public No
blame can be attached to our County Judge.
Sometime in March last. Sheriff Holt arrived
in our town, bringing with him man by the
name of Donnelly. lie applied to Sheriff Neblett
TO lodge Donnelly in the County Jail, exhibiting
a paper purporting to be a commitment from
Justice OF the Peace of klamath County, commit
ting said Donnely to the Custody of Holt on
charge of murder. Sheriff Neblett properly re-
fused to take charge of Donnelly but offered Holt
the use of the Jail. Holt remained in town sever
al days, and although the prisoner lodged in Jail
during each night Of his sojourn, be was frequent
y seen with Holt about the town, and on several
occasions dincd with his keeper at one OF our
hotels. Holt from the beginning reported that
Donnelly had exhibited symptoms OF arrangement
from the moment he had taken him in custody,
and upon his arrival in town procured the servi-
ces of physician. Holt now by affidavit made
application to the County Judge for an order to
take Donnelly to the Insane Asylum. This ap-
plication contained no allusion to the crime of
the party to be affected, or Of the fact that he was
in the custody of Holt Two respectable ply
sicians attcstcd- -lbe Insanity of Donnelly under
oath, and in accordance with the strict letter Of
the law he was ordered to Stockton. Such and
such alone was the agency of Judge Miller in the
matter Donnclly was never committed to the
Jail of Trinity County nor did Sheriff Nebett
ever receive him in his custody, but on the con-
trary refused to receive him without proper au-
thorty. Judge Iager lis either malicious or
draws his inferences from fabricated premises
Judge Miller acted in strict accordance with law
upon the facts presented to him. -
Z. S.-Snce the above was written, Judge Ha-
ger stated after hearing the testimony Of William
Feast who was called for the defense " that from
the report of some remarks made by him on
Thursday, it might be Inferred that it was intend
ed to charge the County Judge Of Trinity with
Ignorance of the law. Such. however, was not
the case He supposed--not having then exam
ined the order the County Judge might have
been ignorant of the facts-that is, that the prs-
oner Donnelly was in custody under irregular
commitment when he made the order to,remove
him to the Lunatic Asylum, and he intended to
convey only that idea. lie entirely unac-
quanted with the County Judge, and would re-
gard il as monstrous and unjust to indulge in any
animad versions concerning him." -
NrvIxG &c AT MuJrowx-" Graniteu writing