The Placer herald., 1857-03-14

treasury, SHVlc Ioitiu N'CVt gam" D"Nl'N79 VI ~
vonshire.
The Sergcants made proclamation. Hastings adj
vanced to the bar and bent his knee. The culprlt
was indeed not unworthy of that great presence.
lie had ruled an extensive and popuous country,
had made laws and treaties had sent forth armies,
had set up and pulled down princesand in his high
place he had borne himself, that all had feared
him, that most had loved him. and that hatred IT.
self could deny him title to glory except virtue
He looked like a great man and not like BAD
man. a person small and emaciatcd. yet deriving
dignity from q carriage, which, While 1t indicated
Difference to the court Indicated also habtUal SELF
possession and seltrespcct; high and intellectual
forehead; a brow pcnsive. but not gloomy; mou'n
OF nfeXible decision; face pale and worn, but
serene, on which was written, as legibly as under
the great picture in the Coupclchamber at Cal
cutta. Mems Ggud In Gr3uis; such was the aspect
with which the great proconsul presented himself
to his judges
This case is much talked of at this time, but if
we will examine the facts we shallfnd no parallel
between the cases now before the Senate and that
of any English state trial In the case of Bates,
the State Treasurer, he is accused of completely
with Rowe, one Of his clerks. in imbezzlng SPA
600 of the States funds, and Of out and out steal
ing of some $4,000. He had every opportunity
granted him by the Assembly to appear before the
examining committee or the body at large, and
explain away the charges. This. he, in whim
pering letter declined doing Two days after the
vote in the House impeachng him, he resigned
his Office. And now he and his counsel appear
before the Senate. and demur to that body setting
in Judgment upon his case. because. say they, the
Senate only has power under the Constitution to
try him as a Treasurer, and if the charges are
made out. 10 renore him from o5ice as punish
ment and as he has resigned his Office they
not try him as such officer, and if guilty, all
power to punish is gone For the purposes Of
demurrer. the facts are considered admitted. This
is as far as they have as yet advanced, in that
case.
The tcnacity with which counsel fight for their
demurrer, goes far to convince the public that
there is no merit in the defense. and whether the
Senate convict or acquit will have bat little to
do with the character of Dr. Bates in the future,
The Defendant appears by able counsel: Colonel
Baker is certainly an eloquent advocate, Wnans
has mind enriched with much reading, and Bolts
is stubborn matter of fact man. Col Bakers
speech except in commenting on tie English
state trials, is about such a one as he would get
up to humbug an ordinary jury with. This may
be attributed to the poverty Of his case, but looks
nightly like he did not have much respect for
the capacity of the Senators composing the court
Mr. Sweezy. on the part Of the managers of the
trial for The People, opens his speech by de-
prccating his powers to combat with so great
a giant as Col. Baker and further that be had
made his speech up with view to closing the
argument on demurrer, instead of opening it on
III in, 4tf1fa oct
and ingenious than dignihcd considering all the
facts Burkc's effort in the Hastings case was
better than this Nj Catlin also spoke on the de-
murer and iud siug by the comments Of some of
our city contemporaries did himself some credit.
On the 9th inst, G. W. Whitman was called be-
fore the Bar of the Senate to answer to the charges
preferred against him as Controller Of State. He
is accused of acting in bad faith in man7 re-
spects but principally inca,ting obstacles in the
way of the examining committee the Governor.
Secretary of Safe, and Attorney General. conniv-
ing with his clerk, llughson, and the man Rowe.
to swindlc the State. There is no doubt but Mr..
Whitman has made himself rlculoua in his posi-
ton but whether crminaly culpable the public
have not decided
After some preliminary slirm'shing on the part
of his lawyers. under order Of the Court his ans
wcr was read and filed with the papers in the case,
and the further consideration Of the matters thcr-
in. adjourned by the Court until the 23d instant.
Whitman's answer is for the most part by con-
fcssion and avoidance,
That is. he admits the charges which are not
in themselves criminal and AYERS that he was
justified in so doing by the laws relating to his
office. All acts Of a manifest criminal nature he
denies ii is an ingenious combination Of craft
and bullyjsm, that might be taken for the omina-
tions of an Independent soul, strong in its sense
Of purity, bursting through the web in which
malice and persecution were yainly attempting to
bind IT, 1t smells of the back Office Of Gun
ming English special ploader. Such tricks are
not looked for in high places and if his facts do
not come up in a less dsingcnuous form, it will
go far to convince the public that he is tainted
The Senate as a body has conducted itself in a
digniGed commendablc manner. Listening with
most christian fortitude and deciding each point
as it came mp in an equitable spirit, passoness
but promptly.
We hope this body viii continue to deserve COM
mendation to The end Of these trials, and if the
accused are guilty. give at least, the moral force
Of their condemnation TO the series Of monstrous
pcculatons that form part ofa series, which have
brought our state to bankruptcy and almost to
reputation.
Since the foregoing was written and in type
matters have taken a very characteristic turn
The Senate by d most decided vote oyerrulcd
Bates demurrer when according to the State Jour
nal The case was brought TO conclusion on the
18TH by the refusal Of the defendant to plead, for
The reason that plea would injure his case before
the Courts The Senate then went into secret
session and found him guilty of the ofenses charg-
ed against him
CuNANAN Snor.--George World appear
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