The Nevada journal., 1858-12-03

PEELED by law to do so. These opportunities, were
made on the evening previons to the day fixed for
trial. and also in the morning prior to the assemb-
ling of the court.
Well-the court met in the morning but, in
consequence of the absence of one of the associate
justices, a taken until two o'clock, pm
At the appointed hour the court again met, full
bench being present. The case was called, Bar
bour, accompanied by his numerous counsels, was
present. Mr.. Filkins Immediately rose and, in a
few very appropriate remarks, moved the court to
allow Barbour to withdraw his plea of guilty and
to enter plea of guilty of assault and battery. Nh
Fikins, very feelngly, portrayed the suferings OF
his client during the long term of years this charge
was hanging over him, and made very pretty ap-
peal to the court in behalf of his client He cited
several cases.. in point as he said, to show that
the court possessed the power to allow the motion.
Judge Barbour, himself, followed Mr.. Fikins. in a
few stirring and eloquent ~ remarks, urging upon
the court his anxiety to close up the in this
way. lie said he was willing to enter a plea OF
guilty to an assault and battery upon me, and per-
nit the court to mete out such punishment to him
as they might deem proper. He repeated, over and
over again, that assault and battery was the only
offence of which he guilty, and said that if
| the District Attorney felt disposed to try him for
any greater offense he might do it." &c. After Bar
bour closed his speech, the District Attorney, Col,
Hatch, arose and said, in his usual bland but en-
phatit manner, " this is novel proceeding 1t is
the first time that have known so unusual
quest made by defendant" He said he had
pf
an ofense and a new trial granted them, or where
the had been set aside, to withdraw their plea
of not guilty and enter one of guilty to lesser
Tense than that charged in the indictment but he
had never known ofsuch practice in any court as is
now urged upon this court" In answer to Bar
bours harangue, in which Barbour-rather intima-
ted that the District Attorney had desire to prose
cute him, Col Hatch said, 90 God knows that I
have no desire to prosecute him, any other man,
for any crime. 1 would be glad if man was so con-
sttutei that there would be necessity for prose-
cutting him for violation of law God knows, it
is foreign my nature gloat the Iaisfortunes
of any one much less him who stands there indicted
for a henious offense against his fellow man but
have been elected by the people of Yuba county, to
discharge certain duties have sworn to discharge
those duties to the best ofmy knowledge and ability
and, as long occupy my present position will
discharge them honestly and faithfully, and to the
best of my ability, regardless ofthe frowns of friends
or enemies and regardless of the fact whether the
person L have to deal with be my inferior or m Y
equal"
After Col, Hatch closed Mr.. J. 0. Goodwin made
a few remarks, in behalf Of Judge Barbour's motion,
and the matter was submitted to the court. After
a brief consultation among the Judges, Judge Bliss
announced its decision, overruing the motion. I'm
mediately, Mr.. Filkns drew from his pocket pa
per, which he read to the court. 1t was an afida
Wit sworn to by Judge Barbour, asking for con-
tinuance of the cause until the term of the
court. The grounds of continuance were, that he
could not safely proceed to trial without the testi-
mony of DIR. J. W. Reins, who was then sick in San
Francisco that he expected to prove by said Reins
that, at the time alleged in the indictment, he Bar
bour) was endeavoring to prevent difficulty be-
tween Thurston and myself; that he expected Reins
to swear that he did not commit any ofense upon
my person or make any attempt to take my life, &c.
Upon this affidavit the court granted continuance
of the cause until the next term.
How Judge Barbour can reconcile his athdavlts
with his own conscience is to Inc mystery. He
first sets up that he not guilty of any offense
whatever that he was endeavoring to prevent
difficulty between Thurston and myself; and that
his efforts in the matter made to protect me-
Afterwards, he, in open court, proposes to plead
guilty to charge of assault and battery, and ad-
mits that he did commit an assault and battery upon
| l.. aI,-e hot ha
did not commit any offense whatever-that he was
only endeavorng to screen me, or prevent Thurs
ston from hurting me, and that he expects to be
| able to prove it by DR.. Reins. He may do so but
if he does, then there is no honesty in man.
have now brought my narrative down to the
present day, or rather to the middle of October last
The case is still pending in the Court of Sessions of
| Yuba county, and for aught l know, it will re-
main there for all time to come. L have conf
dence that it will be brought to trial not be-
cause the officers of that county will not do their
duty in the matter, but, simply, because believe
Barbour will stave it off until his term ofDistrict
Judge expires-which will be on the day of jan
uary, 1S59-and then he will probably leave the
State No bondsmen suffer, should he do so
as the bond he gave for his appearance " has long
since been numbered among the things that were" "
1t may be, however, that after the 1st day of
January next, he will permit the case to go trial.
After that date Judge Bliss will longer control
his destinies should he be found guilty for at that
date, Bliss takes the place of Barbour in the District
Court, and John B Weller 1 believe will see to it
that onesha occupy Bss's who is not a de
voted friend of Barbour. Perhaps, after the new
county Judge is appointed the case may be brought
to trial. Still, Barbour is not safe. There happens
to be two very intelligent men occupying seats,
as associate justices, in the Court of Sessions of
that county, who are not easily led by the nose.
Men who have minds of their own, who " Sabe',,
the diferance between tweedledun and tweedledee,
and who will be very apt to mete' out to Judge
Barbour that punishment due to his crime, if he
shall be found guilty of any, without stopping to
inquire whether Judge Barbour likes it or not. 1t
is upon these facts base my opinion that the case
will never be brought to close.
have now given you a full account of this esse
from its incipiency down to the present have
| to nresent tn vou in truo I;ob+