davidaulloa/AmericanStories huggingface dataset:
The Trinity journal., 1857-01-31
Supreme Court DeeislOn.- Important to Miners.

The following important decision " as rendered
few days since, and will decide point Of law
of great Importance to our mining population
1t will be seen that Judgment is affirmed where
parties by erecting dam in a stream so as to dam
up the water and interfere with prior claims above
them, are liable for all the damages sustained by
the oldest occupants.
This point was in much doubt in our inferior
courts, and often to the great injury of PARTIES
The decision should be preserved by every miner.
JANUARY TERN, 1857.
Sims Us. Smith.-This case ought properly to be
dismissed, as the appellant has not furnished the
Court with brief or abstract of the record, and
we cannot in reason be expected TO do the work
of counsel in cases brought here on appeal
There is, however, paper on file which may
have been intended as an assignment of error.
The first point relied on, is the refusal of the
Court to permit the witness, Lester to answer the
second intcrrogatOry prOpounded to him.
This question might have been allowed without
any impropriety, but as it is not shown that the
question had any particular reference to the case
and it also appearing tlat the plaintiffs were the
prior lOcators, there was no error in excluding
the answer
In fact it was not material how high the tail
ings from the plaintiffs claim would have accumu-
lated at the defendants dam, as they were enti-
tied to the use of the bed of the stream for the
purpose of fluming or working their claim, and
the erection of the dam was an Interference with
their rights.
The second instruction given by the Court is
correct. Where parties have located mining
claims upon the banks of a creek or stream, and
are using the bed of said stream for the purpose
of working theIr claims any subsequent erection
dam or embankment, which will turn the water
back upon such claims, or hinder them from be-
ing worked with fumes or other necessary means
or appliances. is an encroachment upon the rights
of said parties, and they are entitled to recover
for the damages consequent on such distractions
Judgment affirmed. MURRAY. c. j.
| concur: TERRY, j.
The Trinity journal., 1857-01-31
Twelfth Senatorial District.

The Legislature should not let the present ses-
sion pass by without manifesting some desire to
do justice to the people in the northern portion of
California. A people should not be heavily taxed
without representation. This is settled policy
and principle in our government and carried out
in all the States except California. The appor-
tionment as at present, is far from being in ac-
cordance with the ratio of population and the
vote in this district. Our district is the largest
in the state commencing above Shasta and en-
bracing Trinity, Sskiyou, klamath and Hum
boldt This is an immense territorial area, and
contained at the last election voting population
of over eight thousand, and yet has but one
Senator. FL Dorado polled some eight thousand
three hundred and ninety-seven votes. and has
four Senators. This would seem then to be an
unfair as well as an unwise partiality in the ap-
portionment of the representation.
If the present Legislature desires to do justice
in this matter there is no obstacle in the Cons;i-
tuition to prevent them from creating Senatorl-
al district The full compliment of representa-
tives permitted by the Constitution is already in
the lower House and cannot be changed unless
by a re-apportonment under the census author
lied by the Constitution in 1860. The Senate
may be increased however, the Constitution
provides that the Senate shall be composed of not
less than one third nor more than one half the
number of the Assembly. There are eighty men,
bcrs in the lower House aud but thirty three Sen
ators.
The Constitution is clear and definite on this
point. A new district can be created out of the
Twelfth without any violation of the Constitution
whatever, and secure in some measure the right
full representation to which the people Of thisd dis
trict is entitled. The whole apportionment
scheme was concocted on guess work. Mr.. Van
Yoorhes who was Secretary of State in 1858, and
the joint committee of both Houses fixed up the
whole representation to suit themselves. 1t was
all done on the basis of partial speculation. and
could have no other foundation or object than
piece of political trickery A bill was introduc
cd last winter TO effect change and remedy this
giaring injustice, but party doubts as to the re-
sult of the campaign which was to follow, tended
to defeat its passage.
In regard to the taxation it may be stated that
this district, pays money into the State
Treasury than some of the counties and dstri cts
that has three times the amount Of our repre-
sentation. We hope therefore that our Legisla
turc will make the change, and secure to the tax
paying people Of this district something near the
voice they should have in the legislation of the
State.
The Trinity journal., 1857-01-31
Letter from Sacramento.
SACRAMENTO CRY. Jan. 26, 1851.

I
Editors Journal Since the date of my lastlet-
ter much of very singular as we'll as of an i'm
portant character has developed itself in the af-
fairs of State. With the exception of harmless
but Improbable sparring of our Legislature the
work of reform is going steadily on. 1t is an eX-
ceedingly difficult task to reconstruct the affairs
of our State government and place them on an
equitable and honest basi'. The cream of seven
years corruption has gathered thick and sticky
upon all the springs of our political system, and
will no doubt take time and judicious labor to
wipe it off.
Several very important Bills have been intro
duced into the Senate. The committee to whom
the subject of the suit of Palmer Cook * Co. for
the recovery Of the last July interest referred,
made report, giving full history of its condi-
ton. and casting censure upon the Treasurer for
his delay of proceedings. The committee think
it doubtful about ever recovering cent of the
house of Palmer Cook & Co. as it comes as near
being sraac establishment as can well live and
bear a name.
Mr.. Ashley made an onset on General Estell
in all probability be an effort made to annul the
contract between the State and Estel in reference
to the State Prison. If this should be done and
the State Prison again come under the manage
ment of the State it will cost four times as much
to keep it as the present lessee receives.
Mr.. Tlford noticed an important Bill, that of
submitting to vote of the people for coniirma-
ton or rejection. the present Indebtedness of the
State. The committee on Public Expenditures
report sl4l,O8O IS.
The Usury bill of Mr.. Bell fixing the interest
on money at IL per cent, was made the special
will have fierce opposition
Mr.. Shaw introduced Bill to amend the Home
stead Exemption law. The Bill is very defective,
and will probably find its way ultimately up the
stove pipe
A Bill is also before the Senate in reference to
the sale of the swamp and overhowed lands
This Bill is of the greatest Importance to the
State. a thousand land sharks arc sailing round
the Capitol VIII seem to be deeply interested in
its passage.
The Assembly has been quite busy during the
week. Some good bills have been introduced
and are now before the various committees
A Bill in reference to Official Bonds which con-
templates additional security from the present
State Treasurer, is now before the House.
A Bill reducing the price of State Printing!
thing very much needed, was introduced.
Mr. Burch introduced Bill for an Act con-
cerning the 8th, 9th and 18th Judicial Districts
of this State and the Judges thereof The Bill
was referred to the Northern delegation. 1t con-
t cmplatcs abolishing the 18th judicial District,
and extend Judge Daingerfeld's District to Trim
ity, placing Humboldt, klamath and Sskiyou in
the 9Th District.
Many of the members have made statements
and yindicatcd themselves from the various
charges of bargain aud sale in the Senatorial
election. 1t is all now as clear az mud.
The Sacramento river is still rising and the
prospects of an overflow is rather good
Yours, RICIEIIEU,
The Trinity journal., 1857-01-31
The Camel Experiment.

In the report of Jefferson Davis, Secretary of
War. we find the following interesting account
of the experiments which have been made with
the camels recently imported into Texas by the
General Government:
Since the last annual report, the cargo of cam
c1s thrty-two in number, then referred to as be-
inc expected, have been landed on the coast of
Texas and taken into the interior OF the country.
Much time was required for their recovery from
the effects of long sea voyage, and but little use
has been made of them in the transportation Of
snnnlies. On one occasion it is reported that
train consisting of wagons and camels was sent
from Camp Verde to San Antonio. distance of
sixty miles. over q road not worse than those
usually found on the frontier, and the result as
given, is that the quantity brought back by six
camels (three thousand six hundred and forty
pounds.) was equal to the loads of two wagons
drawn by six mules each, and the time occupied
by the camels in returning was two days and six
hours that by the wagons four days and thirty
minutes.
On another occasion, the capacity of the camel
for travelling over steep activities and on muddy
roads was tested with the most satisfactory
suit Instead of making the detour rendered nee
essarv in the location of the road to avoid a rug
gcd mountain. impractcable for wagons, the
camels followed trail which passed directly over
it {; and heavy rain occurring whilst they were
at the depot to which they had been sent for sup
plies the road was rendered so muddy that it
was considered impossible to loaded wagons
The train of camels were, nevertheless, loaded
with an average of 228 pounds each, and returned
to their encampmcnt, q distance of sixty miles,
in two days, suffering, as is reported, no inter-
ruption or unusual fatigue from the mud over
which they passed, nor the torrent of rain which
fell upon them.
These tests fully realize the anticipatons enter
ancd of their usefulness in the transportation of
military supplies.
Tho experiment of Introducing them into the
climate of the United States has been confined to
the southern portion of Texas Thus far the re-
suit is as favorable as the most sanguine could
have hoped OF thirty-four animals imported.
two have dicd-one from accidental injury, and
the other from causes unknown. When it is rO
mcmbered that this is the year of their acclima-
ton in a climate subject to sudden and violent
changes and to the use by them of herbage very
different from that of the countries from which
they we're imported. there is every reason to be-
leve that as little difficulty will be encountered
in the acclimation of the camel that of the horse
or the OK.
The very intelligent officer who was sent abroad
to procure them. and who has remained in barge
of them. expresses entire confidence both in their
great value for the purposes OF transportation
and of their adoption to the climate Of n large
part Of the United States.
PALMER, Cook Il Co.. the famous banking firm
of San Francisco. have dissolved their union.
The Trinity journal., 1857-01-31
Serious Accident.

Joseph AHtoine ST. German, met with very Sc
rious accident on Wednesday morning last, in his
claim OH Deadwood creek. lie with his partners
were slucing in the bed of the creek, when a
large log started from the bill above, and before
Mr.. German could make his escape it passed
over his body, producing fracture of the cateIla
and dslocaton Of the knee, with very serious in
jury of the chest and back
Accidents in mining claims on Deadwood are
Of frequent occurrence from the heavy growth of
timber upon its banks and the porous nature of
the earth. Miners cannot use too much caution
while engaged in sluicing in such localities.
The Trinity journal., 1857-01-31

CHINESE NEW YEAR.-The annual festival of
the Chinese commenced on Sunday last. The
New Year was inauguratcd in accordance with
the customs Of that people. TWAS glorious
time amongst the g Johns of Weaver and vicin-
ity. The festivities commenced at noon on Sat
urday and continued until Sunday morning when
a general blaze of joy and friendly congratula-
ton took place.
Every China house contained table spread
with their native luxuries to feed the dead during
the day. The living on these occasions fast
through the entire day. Immense quantities OF
poultry, game and particularly hog passed into
these celestial emporiums We learn that some
$1,000 was expended in fire works.
The Trinity journal., 1857-01-31

ANoTHER.-A man named John McGinnis in
the employ Of DR.. Ware, on Sidney Ilill met with
serious accident on Tuesday morning last. Mr..
McGinnis was at work on the water race of DR..
Ware, at high point when his foot slipped, pre-
cipitating him about forty feet down the bank,
causing dislocation of the shoulder. DR.. Crouch
cr was summoned in attendance. At last ac-
counts he was doing well.
The Trinity journal., 1857-01-31

j. w. SULLIVAN, the monarch Of the newspaper
kingdom has spread his favors on our table again.
We notice that Jerry has petitioncd Congress
for indemnity to the amount of $4,000 for loss
sustained by the failure Of the great Southern
mail. We hope Congress will not fail to grant
the prayer of the petition, as it is just one.
The Trinity journal., 1857-01-31

FAILURE.-The latest rumor from below has it
that the house of Palmer, Cook & Co. have fail
ed We cannot vouch for the truth of the re-
port, however.
The Trinity journal., 1857-01-31

For THE GADsDEN PURCHAsE.-IIon. Henry A.
Crabb and some sixty others left for the Gadsden
Purchase about week ago. The names of the
gentlemen who accompany Mr.. Crabb denotes the
highest respectability.
The Trinity journal., 1857-01-31

CHANGE.--The St. Charles Hotel, Main street,
has been purchased by Mr.. d. Hines, who intends
renovatng and making first class Hotel Of it,
Mr.. H. is an old citizen of Trinity County and we
doubt not the St. Charles will receive liberal
support.
The Trinity journal., 1857-01-31
The Express Companies

OF our town will accept the thanks of this Of
fee for the various favors done us during the past
week. Notwithstanding the exceeding bad state
of the trails, they have furnished us with regular
files of San Francisco and Sacramento dailics
The Trinity journal., 1857-01-31
pnSTPnNEMENI.

THE above sale is postponed until MONDAY,
/ THE SIXTEENTH DAY OF FEBRUARY
1851 f. NEBLETT, Sheriff.
BY l. c. MEssEC, Under Sheriff.
Weaver, Jan. 81, 1851.
The Trinity journal., 1857-01-31

FRACTURE Mr.. Peterson of Sidney Hill, had
his arm fractured and dislocated at the elbow
joint one day last week, while engaged in " sky
lark" with some of his friends
The Trinity journal., 1857-01-31

NEW BOARD OF SUPERyIsoRs.-The new Board
of Supervisors will meet on Monday next. Per-
sons wishing to make application for bridge Or
ferry licences or having other business to trans
net will bear it in mind
The Trinity journal., 1857-01-31

CHINESE QUARREL.-TwO of our "Celestials"
descended the other day to earthly conflict. They
were arrested, tried and fined. One was released
on the payment Of his fine, the other still remains
in Jail, being either unable unwilling to do So
The Trinity journal., 1857-01-31
VagraneY.

On Monday last sam. Curry was brought before
Justice Green on the charge of yagrancy. Per
haps never before at any time or in any place in
California was there exhibited such IN amusing
and at the same time as ridiculous a scene in the
operations Of the Judiciary. Sam had able coun-
sci to defend him. but the District Attorney pros
ccutcd the case in accordance with the plain but
simple provisions of the law.
During the examination of witnesses Sam would
take the liberty to interrogate counsel, witness
es and justice, and proclaim when testimony was
given to show his good character and gentleman
ly association, "you bet !" with a swinging con-
graduation of both hands. We noticed that Sam
made his exit several times for short intervals
and seemed to become moro elevated and patri-
otic in spirits on each return.
After an ingenious examination of the witness
es by his learned counsel. the District Attorney
proceeded in an able manner to the discharge of
his duty, at the same time extending to Sam all
the lcnity of the law
The evidence having closed the counsel for the
defense rose and in an able and very eloquent
manner proceeded to defend his client, but before
rupted by Sam with the exclamation, you bet !
go it S., you're a team ~ At this stage of
affairs Sans counsel turned and cautioned him
to be silent remarking that if he interrupted him
again he, the counsel, should not proceed in his
defence. This had the desired effect. S pro-
ceeded with the argument in behalf of Sam, un-
til he came to the closing appeal which was tru-
ly eloquent. The counsel spoke of the defend
ant as being one of the oldest inhabitants of Wea-
yer the respectability of his associates (being
chiefly Of the learned profcssions) and the severi-
ty of the weather which prevented defendant from
returning to his magnificent ranch on South Fork
and particularly the hardship in dcpriving an
American citizen of his liberty in this free land
and being incarcerated upon such light and
frivolous charge The counsel pressed this ap-
peal in very feeling mein, which appeared to
impress the court in defendants favor When
the alusion to the rights and liberties of free
man fell from the lips of the eloquent advocate,
Sans patriotism could remain no longer silent.
He raised himself erect and with outstretched
arms exclaimed, Liberty I'll have or die-yon
bet' Justice Green could bear the boisterous
Interruptions no longer and ordered the consta-
BILE to take Sam to Jail, which was promptly
obeyed.
The defendants second counsel, II, follow
ed in speech replete with the highest order of
wit and logic. The District Attorney closed in a
brief but pointed argument which made convic-
ton certain.
The court then adjourned until next morning
when Sam was found guilty on the charge of va
grancy and sentenced to sixty days in the coun-
ty Jail. Thus ended the richest judicial enter
tainmcnt ever witnessed in this or any other
place.
The Trinity journal., 1857-01-31
Dissolution of Copartnership.

FTNIIE Copartncrship heretofore existing undar
l. the name and style Of LOOMS, Huscroft 4 Co.,
is this day dissolved by mutual consent The
business of the firm will be carried on hereafter
by A. j. LOOMS and William Herdlc, who are au-
thorlzcd to settle all the accounts Of the late firm
A. J. LOOMS,
Wm. G. HUSCROFT,
VIM. lIERDLE.
Woavervillc, Jan. 10, 1857. 5l-n
The Trinity journal., 1857-01-31

A TREMENDOUS STORM prevailed at Honolulu
S. J.. on the 2lst of December, blowing down &
church and doing much harm.
The Trinity journal., 1857-01-31

HoN. JOIN c. BURcH.-This gentleman will ac-
cept our thanks for a pamphlet copy of the Gov
ernor's message and other public documents.
The Trinity journal., 1857-01-31
INFORMATION WANTED .

OF JOHN B. JACKSON, who left Waikiki. Orr,
~ ange Co., n. Y, in l849, in company with his
cousin, James Jackson When last heard from,
he was in the northern part of this State. Any
information directed to this Office will be thank
fully received. Eff
The Trinity journal., 1857-01-31

EOvEE DuE.-The Nicaragua steamer Sierra Ne
hada, is now over due some ten days. 1t is APP
pretended that difficulties on the Isthmus is the
cause of her non-arrival.
The Trinity journal., 1857-01-31
ESrrV Notice.

NOTICE is hereby given that the undersigneS
/ 1Nwill make application to the Board of Super
visors of Trinity County, at the February term,
for renewal of license to keep public Ferry
across the Trinity river at the location hereto
fore known as Palmer & Gibbs Ferry. eight miles
from Trinity Center. HORACE G.. FITCH.
Trinity River. Jan. II, 1857. 52-3t
The Trinity journal., 1857-01-31
Letter from DIR. Bates.

1t will be recollected that an excitement of a
very singular character sprung up in reference to
the conduct of the State Treasurer. and that res
olutons were introduced in both branches of the
Legislature, calling npon Dr.. Bates to report the
financial condition of the State Treasury. Char
ges of serious nature were made in the Senate
calculated to reflect upon DR.. Bates, and bring
in question his honesty Dr. Bates replies to
these charges in the following letter
SACRAMENTO Jan. IL, 1857.
70 the lion. the Legislature Of California assembled. :.
GENTLEMEN :-Inasmuch as there are various
rumors in circulation relative 10 this department.
and that monies are being paid out illegally and
against the law, deem it my duty to represent
to your honorable body, and in justification to
myself, that such is not the case. Charges have
been made against me of that nature which
cannot forbear refutng-charges upon the floor
of the Assembly which are upon the foundation
of rumor. If | am guilty Of any act upon which
these statements are made, no one is more desi-
rous of an investigation than myself into the
merits or demerits of the case.
That any monies from this department have
been paid out to subscrve the interest Of any out
sders for the purchase of scrip or otherwise, |
most positively deny, and | call upon your hon
orable body to thoroughly Investigate the matter.
that those making the charges, as well as myself,
may be placed in a proper position before the
public. | am. gentleman, yours, &C.,
HENRY BATES, State Treasurer.
The Trinity journal., 1857-01-31

In Marysville, on the 10Th inst. ANNA MARIA
RARRIcK, daughter Of Augustus and Clarssa Var
mum, aged years.
The Trinity journal., 1857-01-31
Sherjtf's Sale.

DY virtue of an execution to me directed. is
ID sued out of the Hon. District Court of the
9th Judicial District, on Il Judgement rendered
therein on the 22d day of December, A. d. 1856,
in favor of Tominson & Wood and against p. III.
HooT and A. N. Truax. for the sum of one thou
sand and hftyninc and 31-l00 dollars, with utter
est on the same at the per cent per month, un-
til paid, together with the sum of seventy-four
and 80 100 dollars costs Of suit, tax and accruinp
costs, have levied upon and seized and will ex-
pose TO public sale at the Court House door in
The town of Weaycryi{[e OH
The Trinity journal., 1857-01-31

ONLY portion of our new material arrived
this week, and we are therefore compelled to un-
dergo another disappointment.
The Trinity journal., 1857-01-31
POstponement of Sheriff's Sale.

TNIIE sale of personal property at the Texas
| House." on the Yrcka trail, which was adver-
tised by the Sheriff TO be sold on the Sd inst. to
satisfy an execution in favor of Tomlinson IL
Wood. was postponed on account of the trail be-
ing closed and the impossblity of the Sheriff get
TING there. until
The Trinity journal., 1857-01-31
Saturday, February 9TH, 1857

claim of the saG 7. II. Hoof and A. II. Trnax,
Of in and to the folloving described property,
situated and being in the County Of Trinity,
State of California to wit the Texas house.
ranch and all improvements thcrcuGto belonging
or in any wise appurtaning.
E. NEBLETT, Sheriff,
By l. G. MEssEC, Deputy Sheriff
Weavervlle, JAN TO- 1857. 5l-4t.
The Trinity journal., 1857-01-31

y MUSICAL REVIEW AND GAzETTE.-The Jan
uary No. of this popular musical journal, pub
lished by Mason Brothers, New York, has been re-
ceivcd. The ReUiew and Gazette has Just entered
its fifth year. Its pages are enriched by contri-
buttons from the distinguished musical authors,
DR.. Lowell Mason, Wm. B. Bradbury and George
F. Root. Terms, 81 per year Specimen copies
may be seen at this Office
The Trinity journal., 1857-01-31

FRoM NORTH FoRK.-We learn through Capt
E. NJ Sawyer, that a party from the North Fork
started out during the early part Of the present
week in search of Mr. Duffield who was lost some
three weeks since, and was supposed to have per-
sing man were discovered in the vicinity of an
Indian ranchiera numbering some fifty or sixty
This band of Indians was before unknown aud it
is feared Mr.. Dufield has become their victim
No traces have ever been found of the other
missing man, Auguste Potzie
The river was very high and still rising.
The Trinity journal., 1857-01-31
DnAfl1

In this town. on the 9th inst, the wife of Wm
Mallory, of q Son.