The Placer herald., 1858-03-20
San Francisco Correspondence.
SAN Francisco, March 18th, 1858.

SAN FRANCISCO, March lSth, 1898.
Friend Mitchell:-The people of Placer
will be pleased to learn that the trial of
Whthurst has resulted in conviction Of
murder in the second degree. heard Judge
Hagers charge which was able and fair, both
to the prisoner and prosecution, and expect
ed that they would decide as they have done.
They were out about five hours. The only
point left in doubt by the evidence was,
whether the prisoner and his accompces
intended to kill or only to beat their victim;
the malice aforethought was perfectly clear,
but as there was doubt of course the pri-
soner got the benefit of it. Mr.. P. w.
Thomas deserves great credit for the manner
in which this case was managed; the defence
left no stone unturned to clear him, but their
efforts were useless The evidence was per-
fectly damnng. | take it for granted that
an appeal will be made to get new trial,
but do not think it will be successful. l
think that can safely congratulate the de-
cent aw-abiding citizens of Placer, that the
three culprits will be provided for, at public
cost, for many years to come; and regret
that cannot also say that there is "no more
left of the same sort;" for unless matters
have changed for the better | am afraid your
stock of rowdies still exceeds the demand.
Judge Freeon, without regard to the do
cison of the Supreme Court, on the Stoval
and Archy case, as you are aware, issued
writ Of habeascorpus, at the oath of a negro,
and had him arrested upon the last steamer,
just as she was leaving; yesterday hearing
was had upon it, and as might have been
,)ol A. ~.
Stovas attorney, who moved to dismiss the
writ because a superior court had already
put Archy into his (Stovall's) possession, and
on account of its ilegality, having been is
sued at the oath of negro; but Judge
Freelon declared that Archy was as free as
his MASTER When this announcement had
been made U. S. Marshal Solomon present
ed warrant from the U. S. Commissioner,
Pen Johnson, and at once took possession of
Archv, who resisted with all his strength
and the negroes who filled the court room
also manifested disposition to assist but
were intimidated by the determined looks of
the Marshal and his posse, who conducted
him at once to the U. S. District Court. On
the way they were followed by a large con-
course of people, among whom were large
number of black and white negroes, the lat
ter of whom were assiduously urging their
black brethren to rescue him. They did not
however, muster courage enough to attempt
it, having first experimental by attacking
two or three different white men who had
given them no provocation whatever; but re-
taliation followed so quick and so heavy,
that the darkies left that gay and festive
scene" at quite as rapid rate as they had
come. Just as tie crowd arrived at the
court house, Major Wyatt, one of our Port
Wardens, quiet and venerable looking old
gentleman, came up from different drec-
tion on his way to his office (which is in the
same building) and was moving into the
doorway, when big buck negro, named
Baler, struck him full in the face with his
fist. Commodore Martin, who was standing
by, however, convinced Mr.. darkey that he
had made mistake by few torcble argu-
ments from the shoulder; after which he was
arrested and taken to the station house for a
breach of the peace Archy is lodged in the
county Jail and the case will be tried to-mor-
row. There has been a rumor that The me-
groes have talked of breaking into the Jail
and taking him out, but it is not probable
they will attempt it, they can muster about
one thousand strong in this city; it is to be
hoped that the bill before the Legislature
to exclude them in future, will pass as free
negroes are nuisance everywhere the ex
cep.ions only prove the rule.
A vessel just in from China confirms the
news Of the capture of Canton and Vceroy
Yeh by the E glish forces.
The trial of Roberts and Barse is proceed
ing to day in the Fourth District Court.
No news of the mail steamer Senora-not
telegraphed at quarter past three, p. NJ
Yours truly, w. X. 0.