The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-07-28

the Mexican Gag with and ammunition to repc, any
attach or invasion thai might be made.
After thus providing for the conquered territory, the
Caroline T. Fo0te set sail An option meanwhile Of
The main land Of Lover California or taken 70 San Fran
ceoo They preferred, a. appears, the latter alternative
TO the iphos table, hating shores Of Lower Cali
the Golden Gate when pear Santa Cruz, no sever, she
that ard left Isham, who sde the rest OF
the way to this place BY nna S Sy x 81 i Ss
cargo Of prisoners and hundred and twenty te guano
on Wednesday last.
TIE CoNQuERoRs ARRESTED AND PROSECUTED IN SAN
FRANCISCO.
On Thursday, Perry and Webber appeared before VIM.
Blandpg the United States District Attorney, and after
consultation, and with his advice made complaint against
lsham, Worth and Bowden, charging them with assault
commit felony. In the absence OF both OF
United States Commissioners the warrant Issued
b. Justice Hsnshan and the three accused having been
arrested by The United Sta Marshall were brought up
before the Justice for examination Thursday United
ates Ihrct Attorney Biauang appeared on the part OF
the prosecution and Supreme Judge Heydenfedt who
TO be Interested party appeared on the part Of
the defence.
During the course of the examination several points
Jurisdiction, and TO what constitutes
sauh within the meaning OF the law 10 explanation,
may be stated that the law under which the prosecution
instituted s the twenty second ion Of the act OF
Congress Of March 8, 1926, which reads folio ws-
arm Of q ,.er o.
.: se st ,1s
belonging in whole or part 70 sates any cd
intent kill rob- steal, unit mayhem rape, to
cn on Is n
moi Icsedug " GOO and by and conf cement TO
Under This ac il became question whether the alleged
offence committed he island or on the high seas
If on the island alone, then the United States had con-
fesseoly jurisdiction; If the high the second
teony had been Committed The District Aorney reea
principally upon the principles Of law contained the fol
loving extracts from the DO ks
when there has II; 4 be al one conr usd
ma sr though psr Of may have taken place on land and
within The body Of county Judge Ware USsd States Dis
an unlawtsl Imprisonment also an assault Russell on
No actual is necessary TO constitute false naprson
personal diaculty that amounts TO false imprisonment
Judge Hey denfeidt on the part the Defence contend
ed mainly that the offence, II any had been committed
United States, consequently, had jurisdiction he also
contended that feonous intent hal been could be
shown to have scuated the proceedings of ham ami bis
party.
After hearing the evidence, and there appearing be
70 warrant the retention Of Bowden be motion
Of the District Attorney discharged Thursday This
morning decision 10 have been rendered In regard
TO lsham and WORTH and parties were present at the jus
.hces Office anxious TO hear Instead, however, Of at
tending TO the matter, Jusce HanrahRn at the prma
ry election polls, and sent word that he too busy
render q decision. il will consequently not be known
place of politics. What 10 be done with the heroes Of
EhdeS
THE "ELIDB" aUANo QUESTION.
The tone adopted by Of the morning pa In
gard TO what they pleased 70 call the "Guano War"
compes me to avail my self Of your columns to place be-
fore the public statement OF fac g. which will fally ex
plain my position in the matter from the discovery OF the
deposit down to the receI attack upon the rights Of
myself and Others who are actually and legally in pos
session.
On the 26th August 1885, Caytans Perry and Phillips In
the schooner G. Doyle while collecting shells and ele
alias Eide Island" On their return TO San Francisco
Gap ain Perry having TO work upon himself
ihouceo 70 seek ne nArziou 20 on tns cV.
After several interviews Captain Perry found impossible
to effect any arrangement and satisfied that hsrziou o.
only 70 obtain information for their ends
made overtu 60 70 Captain Nye This led TO an arrange
ment, and Captain Nye proceeded ct 10 NazStan
where be pe,ioned the proper and
w.fk The said deposit Meantime MsrziOu Co by un.
derhAnded means (Which al proper ne and place will be
fully expoeed beca aware Of the location Of the island
and aching French ship there, they helped them
selves about hundred tons OF the deposit On my
arrival at the island the Schooner Hora,e, found that
the ship had called Taking then board about twenty
Of guano, leaving Captain Perry and Mr. webber
In posseeson, returned 10 San Francisco tue 9Th Nay
In regard 20 the pretended dis ovey or rishn Of Captain
sham and Others whose recent dep edAons already
before the public il not my intention to offer any 70
marks these will be subject matter for judicial inves
cation by the proper authorities here in Mexico. Ny
My object in this communication s 70 place myself right
In the eyes OF those Who may have been sled by the
misrepresenauons already in printdoubtess At the inst
CATION Of Interested parties. W. C. NYE
News frora the Gadsden Purchase.
letter from Major E. n. Fitzgerald, Of the first ara
goons, dated at Csabsz I'm the sdsden purchase Nay
T. 10 published In the Los Angeles star Our Los Angeles
quo the most Interesting portion Of this
letter, but we give additional paragraph or two
A command OF Ito men, and q companies left May
70 scout the bet ween this and the Rio rande
and towards the Upper ella IL is part OF general
in New Mexico against the ella Apaches, who
are supposed have kei Col Dodge, the Indian agent
OF the NAvsoes
have no further military news. General Garland re.
turns TO New Mexico We hear. He vas expected q, Santa
re a our lAst rotces We get only q monthly mail and
send for II wagon and ten men. train arrived yes
erdsy one hundred and Ave days from the depot OF AL
buquerque Think Of that ye fast Cafornian-and yet
they persist In supplying m from that side ca ne with
wagon 10 this place IN heen days from Fort Yuma We
get OF latest from the officers there, who
are kind enough 10 forward papers and items.
We 1--we in rather primitive way, ye, muoh more
eheaFy than you would sappoee Our beef only costs US
and 10 sod by PApago Indians about the camp In great
jars holding several gallons each. There s plenty OF
10 tents and shaues made Of logs set uprigh, 10 the
ground and rooted with dirt The valley beautiful
one with fine trees for shade and plenty Of
mesquet for fuel The grazing at this point Is excellent
al the year round. The valley extends eighty miles In
our territory We are eight miles from the Mexican line
We jest opening brisk trade with Sonora when
the troubles commenced, and purchased all our grain,
CATTLE &c there 10 nothing Of London ale ., - per
dozen, and chat paene the price Good oranges
abundant many other decacies could have been
procured and Will be, but mere mas been comparative
Suspension for while, II ID altogether safe 70 travel
just think Of IT, have already Collector 70 look out
for Uncle Sans revenue
Obituary.
About nf,een minutes amer midnight OF Saturday, June
Goth says the San Francisco Herald Mr.. Samuel Smith,
decomposition employed the San Francisco Herald,
seized, while york with Dhpopectc nt, under the
attack OF which he rapidly sank retaining semi conscious
for little than hour and though attended by
the ables medical talent 10 less khan I've no pulsaton
had ceased and life extinct For the past nve years
has
the Herald and his earnings have been relgiousy trans
med 10 bis family, consisting of wife and SIX daughters,
(resding Staten bIand) whom this blou viii fell
with fearful violence Duty 70 his family demanded devo-
ton 70 his business and when by untrne industry, be
had nearly reached the goal Of his ambition the
ger Of death, with scarcely . moments warning,
moped him 70 the pale realms Of shade" The deccased