The Placer herald., 1857-02-28
NUMBER 25.

| room to the bar room, the door that led from
the bar room to the one was sleeping in,
stood ajar, heard the stranger say he wanted
to drink and afterwards asked him if he had
seen any of the boys lately. Defendent said
to him that he knew nothing OF the boys, after
wards heard him say, "do you know this bull
let?" Defendant said he did not lie re-
manned about half an hour and then went
away ON foot.
James Rlcaey. Ncorn-I know Phillips,
worked there until the l1th of July, SO, then
went to Rattlcsnake Bar. From the Goth to
the Both of July, | was at Phillips few
| times.
| never saw any person by the name Of
Tom Bell, don't know Ned Convery, l only
saw Spanard about three months ago at cour.
| have heard of the robbery of pedlar,
was at Rattestake when | heard of it. know
Of Towner's Diggings, a well at Defendants $
house.
returned to Defendants house about one.
week after had left; have been at defend
ant S frequently since. | don't know of any
camping place back of the house. | never
saw Bell or Convery; have often heard of
them know none OF them by sight. Don't
know the pedlar that was robbed Was not
at defendants house for more than half an
hour at time after 17th July.
Here Defence rested.
II. II. PaM rccaiied, dy Prosecution, in re-
buH0I.--When | went to Defendants house
| raped at the dining .oom door, woman
asked who is there, heard her calling some
one, Phillips opened the bar room door
went in there. | had no conversation with
Phillips while the door leading to the mid
die room was open or partly open. | next
saw Defendant in the custody Of Mr.. Clark,
Sheriff of Calavaras County.
Juan Fernandez caHed-I know the wit
ness first called for the defense at the Noun
taneer House. | saw him on the 25th July
last. He knew Tom Bell, Ned Convery,
Bill White and myself. He was present when
tie goods were opened up stairs lie received
some OF the goods. Bill White gave him a
pocket handkerchief while in the room |
don't think he was present at the conversation
| detailed at that house. The other witness
for the defence was at the NJ ountaineer House
and he knew these men, except Bell. doG't
know whether he knew Bell or not
The entire of this forenoon was occupied by
the Counsel in summing up the evidence Mr..
Mills tor the prosecution, and Messrs. Myres
* Thomas for the defense.
The charge of the Court was delivered by
Judge Hale.
Charge,
Gentlemen of the Jury:-In arriving at your YER
diet you viii consider all the evidence before you
for the purpose of finding these three facts
lst Did Tom Bell and Ned Convery (eithcr alone
or with other persons unknown to you) commit the
crime of robbery substantially in the reci-
ted IN the Indictment, as to time, persons places
and acts
If you find his-interrogatory in the Affirmative,
then you will consider
2nd. Whether defendant knew of that fact?
If you find that he did, then,
3rd. You will find whether the defendant CON
ccaled that fact from the magistrates of this
ty, (lere the Court referred to lst Russell 36) or
whether he harbored and protected these guilty
persons from arrest and punishment for the com,
mission of this robbery?
Then if you find shat he did so conceal, or harbor
and protect them rs aforesaid the defendant is
guilty OF the offence charged in the Indictment, and
such must be your verdict.
In respect to the harboring and protecting of
Bell and COnvcry, you must be satisfied beyond q
reasonable doubt that defendant after he knew OF
the commission of the alleged crime by Bell and
Convery, did harbor and protect them by such acts
as would have the natural tendency, being done
his part with the intent, to protect them from ar-
rest or punishment for this particular crime either
by preventing their arrest and punishment upon
any process or warrant at the time Of such harbor
ing or protecting, III the hands of officers by
such acts would naturally have the tendency
(and being done on his part with the intent) to
prevent the knowledge of the said crime said
criminals from reaching the magistrates or officers
of this or other counties, by whom those men might
have been brought to justice or by other means
which would naturally, and with the intent on de-
PENDANTS part to prevent these men from being
brought to punishment for the alleged crime. These
acts, or any Of them, constitute harboring and
protectng' under the Statute.
With regard to the knowledge Of the crimes by
defendant, before you cnn convict for c0ncealment
Of the crime, you must be well satisfied that the
conduct Of defendant was such, after he knew of
the crime, in respect either to the criminals or their
otcnse, or BOTH and was by the defendant intend
ed to have the effect to conceal and hide the crime
from the knowledge of the magistrates.
II you shall fail, from q consideration of all the
evidence to find these facts alirmatvely, or have
concerning or more of them, reasonable doubts,
you must acquit the defendant.
The jury retired at precisely at one clock,
and after an absence of twenty minutes re-
turned with verdict of GUILTY.
The prisoner was rcmanded for sentence.
The punishment for this olensc is imprison-
ment in the State Prison for term not more
than two years, and a fine OF $4,000.