The Nevada journal., 1858-12-03
dbe Nebaaa yaurnal
ACT FIFTH OF THE GREAT DRAMA
ENTITLED
The People VS.. WIZ T. Barbour.
EDITOR JOURNAL

|
down to the return of the papers, in this case to the
Clerks office of the Supreme Court. and to the deci-
sion of said upon the points submitted them
This decision made and published in the Sacra-
mento Union in the month ofJune, 1858. Up to
that time totally ignorant that the papers had
been returned though L had written to Judge Field
and c. S. Fairfax, Esq, some time previous for in
formation concerning the case. Judge Field subse-
quently admitted to me that he had received my let
ter, and gave, a reason for not answering it, ex-
trene illness and absence from Sacramento. Not
receiving an answer from either Judge Field or Mr..
Fairfax, concluded that the papers were lost eter-
naly and forever and, therefore, ceased to trouble
myself any longer about the case. I then began to
understand the diferance between being gored by
your OK and my bull" and saw at once, that the
law did not furnish sauce equally suitable for goose
and gander. began to search for a motive, upon
the part of the person who carried off the papers,
aud the why's and whereforcs that such thing could
be done, when Barbour to be benefited by it,
| and not done in other criminal cases. The onl Y
conclusion l could to the subject was, that
Barbour either paid the person well for abstractng
the papers, that the person who did it had point
to make with Barbour Barbour occupied promi-
nent position. He possessed power and could use
t; nothing could efeethis removal from the BENCH
but an impeachment or his conviction for felony.
He had still several years to serve District Judge
and in that time, he might be of essential service
to the person who distracted the papers. l. perhaps
was at hest, obnoxious to Barbours friend Per
haps in the conducting of newspaper at Marys-
yiiIe in 1858. in my scribblings for the Herald
in 81 and 80. I had written. something of and
corning the thief that stole the papers, which made
him my enemy. Perhaps il was the recollection of
this fact that induced him to take the papers, and
that, i'll doing so, he thought he would get even
with me- Then, again. was no longer to be feared;
| had no newspaper under my control by which I
could show up scoundrclism' to the world. All
these things may have passed through the brain Of
the person who distracted the papers, and may X
plain the motive which prompted him in his nefar-
ious work. Who knows?
Be it as it may, the first notice had that the pa
pers were returned was seeing the decision of the
supreme Court upon the case published in the Sa-
cramento Union in June last. Immediately,
reading the decision, L wrote to Col Hatch, the
able and energetic District Attorney of Yuba Co,
notifying him that would be " ready to attend, as
witness in the cause, at any moment 1 should be
notified that / was wanted l also stated to him,
in the letter, that there was no let up with in
the matter and that 1 intended to push the to
the extremely of the law - or words of equal i'm
port.
Shortly afterwards received notice to appear,
witness in the cause, the first Tuesday in July,
did BarbouE appeared also, with his counsel
c. II. Bryan, Esq, and c. +. Filkins Esq. In due
time the case was called. Barbour through his
counsel asked that the case might be for trial on
Monday the lSth or, perhaps, Tuesday the 18th
of July. The court made the order and 1 returned
home. The day before the time fixed for trial, 1
again went to Marysville All the witnesses on the
part of the people, that had been subpened, were.
in attendance. The case was called The people
ready for trial; but Barbour was not He
asked for postponement of the case, and filed an
affidavit, in which he set forth that he could not
safely proceed to trial without the testimony of DR..
C. B. Zahriskie and DR.. Reins Zabriskie resided
in Sacramento city, and feins then lying in
Marysville, confined to his bed With a broken leg.
Barbour set FORTH in his affidavit that he expected
| to prove by Zabriskc and Rcins that he (Barhour)
was endeavoring to prevent difficulty between
Thurston and myself that he made no attack upon
me- at all and hosts of other things set up,
in his affidavit, together with considerable abuse of
myself, to satisfy the court that postponement
should be granted. The court granted continu-
ance, and returned home.
On the first Monday in October last, the Court of
| Iol
again was on hand together with all the witnesses
on the part of the people. DR.. Zabriske was not
there. When the case was called Barbour again,
through his counsel, had the case for trial some
six or eight days off, as to enable him to procure
DIR. Zabrskie. The court fixed the time in aeeor-
dance with Barbours request, and returned home.
At the appointed time returned to Marysville,
DR.. Zabriskie was there but upon being nterro-
gated, he notified Barbour and, perhaps his coun-
sci, that he could not testify as Barbour said he
would in his affidavit. Here another dilemma.
Barbour knew that if he went to trial. DIR. Zabriskies
testimony would convict him of the crime alleged in
the Indictment even if the other witnesses in the
case not placed upon the witnesses stand, and
he strongly suspected that, if verdict OF
guilty should be rendered by a jury, nothing short
of the Penitentiary would be his doom. He knew
that he had court to deal with that would deal out
the same sauce for the goose" that they did for
he gander' that cared not whether Barbour wore
a &" broken down shirt collar a standing one.
He knew that, at least two of the members of that
court had sentenced Thurston to the pcnitentiary
for crime similar that alleged against him, and
that he had little to expect from the mercy of such
court. AT this time Barbour had employed addi-
tional counsel Indeed, from the number oflawyers
that appeare,hto be engaged in his behalf was led
to believe that nearly the entire Marysville bar had
been either employed by him, that they had vol
unteered their services. beset, on every
hand. to consent that Barbour might withdraw his
plea of :" not guilty" to the Indictment and enter,
in its stead plea of guilty of assault and battery,
only. This proposition made to me, over and
over again and men at Marysville, who had stood
by me throughout all my difficulties, trials, and
tribulations, and who had, on all occasions and
under all circumstances acted as my friends, were
employed to induce me to give my consent to such
n proeedure To all these men and their importu-