The Placer herald., 1858-04-03
From Our San Francisco Correspondent

:
SAN FRANclsco, March Slst, 1858.
friend Mitchell:-The eternal "Stovall'
"Archy" case, after further hearing yester-
day, still drags its slow length along-a con-
tinuance having been granted for another
week. to enable Stovall's counsel to procure
the attendance of witnesses, whose evidence
they consider of importance The Commis.
sioner replied to the objections Of Colonel
Baker, that he intended to obtain all the in
formation relative to the case that he could,
before rendering his decision.
During the examination of w. d. Stovall
(brother to Archy's owner) yesterday, quite
an exciting scene occurred; Mr.. Tompkins,
who is associated with COL Baker, whilst
cross-examining him, asked question rela-
tive to family matters, which he, by advice
Of Mr.. Hardy, declined to answer, on the
ground of irrelevancy; but the court ruled
against him, and the objection was with
drawn. Mr.. Tompkins then repeated the
question, remarkng that he could now reply
to it as he had the permission Of his counsel,
endeavoring thereby to convey the impress
sion, that the witness was under the entire
control of StovalPs counsel. Mr. Hardy at
once arose and denied that he had his per
mission to speak, and that in giving utter
ance to that statement, he Tompkins had
spoken what he himself knew to be false
hood. Tompkins rejoined 'you are a liar"
Hardy started up and rushed towards him,
but the spectators who occupied the in
tervening space, arrested the combatants and
prevented collision. Hardy SAYS that the
statement in the Bulletin, with regard to a
pistol, is untrue, that he neither owned nor
wore pistol for eighteen months, on any
occasion whatsoever.
Capt Bennett of the Mexian brig Cornelia
trading between San Francisco and ports on
the Gulf of California, has leen arrested
upon the evidence of his crew, for robbing
and scuttling his vessel The Cornelio sail
ed from Mazatlan on the 5th of February,
with $50, 900, in Mexican dollars, consigned
to different houses in San Francisco; that
without any reasonable cause he touched at
Cape St. Lucas, and whilst lying there was
seen by some Of his crew to take boxes of
specie ashore; and previous to taking them
out, he ordered such of the crew as were not
in 'cahoot," to 90 below; this excited their
curiosity, and they watched. The next day,
before leaving, lie purchased capital surf
boat, which he fitted with a sail, and provi-
ded with small stores, as if in anticipation
of disaster. After leaving Cape St Lucas,
the vessel commenced to leak rapidly, and
in three days she sunk. No efforts were
made to save her. The crew then embarked
in the boat above mentioned, and landed a:
San Quentin, on the coast of Lower Califor
mia, from whence they made their way 10y
land to San Diego, and by steamer to this
city. The Captain and his mate were ar
rested just as they were about to take passage
on vessel for Mazatlan. The evidence, both
circumstantial and direct, make strong
case against them.
Yesterday morning the bark Yankee was
instance of Martin Gallagher, one of the en-
pa,riated, who lays his damages at 1925 900
He states that Capt. Smith took him on
board on tie bar, from the steam tug Hercu-
les, contrary to his direct protest, and that
he (Capt. Smith) was fully aware that he
was taken out of the country against his will.
He states his loss of property at $4,000, and
that he was at that time holding the position
of night watchman in the Custom House, at
a salary of sl2O per month. The Captain
bail is $S,OO0 and if the vessel leaves the
owners will have to give bonds in $5O, 900,
double the amount of attachment. Tie suit
will be before Judge Ogden Hoffman, of the
U. S. District Court. 1t will not be a jury
trial, but will be decided according to law
All the legal ability of the city Of San Fran
cisco will be engaged in one side or other of
this suit, as it is looked upon as test ques-
ton. The vigilance party, will not of course
spare their money to defeat it, as if success
ful, every other person who claims to have
been injured by them, will bring suit, and
they will be ruined by legal expenses and
damages. AS is natural to expect, great in
terest is felt in the result, by all parties; and
whatever it may be, whether for or against,
it will have the effect to prevent any future
Vigilance Committees. They are ra;her too
expensive amusements.
Of A. A. Mason, at Michigan Bluff, has been
convicted of manslaughter. Thus all engag-
ed in that affair have been convicted. and
will be punished by Imprisonment. Whit
hurst l6 years, Roberts years, and Barse 5
years. The last was sentenced to-day, at one
o'clock. The Judge said, before pronouncing
sentence, that according to the evidence he
considered his case worse than Roberts, but
as the jury had recommended him to mercy,
he reduced his sentence one year. On Satur-
day next, Col. Baker will argue motion for
appeal. In case it is granted, the bail will
he $4,000.
+ The John L. Stephens brings the confrma-
ton Of B. F. Washington, Esq, as Collector
of the port of San Francisco. would like
| to have seen "Dave" when this vote was an
nounced. Yours truly, OMlKRON.
| The SUFFER- TIrLE.-Prvate letters receiv-
from Washington, to day, have given much
encouragement to holders under the Sutter
title, and have, consequently depressed the