Daily national Democrat., 1858-12-09
Our San Francisco Correspondence.


for fighting a duel, came up again this morn
ing in the Court Of Sessions. The defendant
attended by Mr.. Ctittenden his counsel. ap-
peared in Court. and Blake, presiding Judge,
announced the decision upon the demurrer to
to the indictment previously argued and ta-
ken under advisement The Court held that
they could not be called upon to decide judi
cally upon the fact whether Angels Island
where the duel was fought was, or was not
within the limits of the County of San Fran
cisco and over.ruled the demurrer. The de-
fendant thereupon entered his plea of "a for,
mer acquittal," and the 18th of Dec. inst was
fixed for the trial of the case.
The plea was entered in the following
words; THE Defendant pleads that he has
been already acquitted of the offence charged
in this indictment, by the judgment of the
Court of Sessions of the County of Marin, in
the State of California, rendered at San Ra-
lae, in said county, on the 9th day of Noyem-
Der, 1855"
1t is said that Edmund Randolph, who car
ried the battle-axe so prominently in the New
Almaden case, is to act as leading counsel for
Johnston upon the trial
In the same Court, curious scene took
place. strongly illustrative of the mongrel and
heterogeneous character Of our population
A venire for thirty.si trial jurors for the De-
cember Term, was returnabe at 10 A. NJ.
The Sheriff made his return in due form, and
the Clerk proceeded to call the names of the
unfortunate individuals summoned to dis
charge this dissgreeable but necessary duty
The list having been called there was gen
eral rush, towards the clerks desk for the
purpose of being sworn, to answer touching
such excuses as they might state, for not ser
wing as trial jurors at the present term of this
Court" Everybody seemed to have an ex-
cuse, to the validity of which he was ready
to qualify" without hesitation. In these al
legged excuses, however, there was but a slen-
der variety. No being sworn that he "was
not citizen of the United States :" No. 9 sta
ted that his business was at its height, and
that having no partner or clerk, he could not
serve, without serious injury to his pecuniary
interests. Nos 8, 4, and swore that they
were not citizens. No. 7 had serious sickness
in his family. No. 8, not citizen. No.
was excused as being fireman. No. 10 plea
ded the exigencies of his business Nos IL
and II, not citizens. No. l3 was freman
No. IA thought his health would not allow
him to serve. No. l5, not citizen and SO
on to the end of the chapter When the ap-
plications to be excused had all been heard
and disposed of, no less than ten had been dis
missed on the ground that they were aliens,
residing and doing business in our midst,
without having ever taken steps to entitle
them to the rights, and subject them to the
duties, of citizens of the United States; and
out of thirty six jurors summoned, only four
were obtained.
The weather was this morning colder than
has been known here for years On awaking,
and looking out of my window at an early
hour. a singular prospect presented itself
the hill-sides and open spaces, seeming to be
entirely covered as if by light fall of snow
so severe had been the cold and so thick
was the hoar-fr that crusted the surface of
the ground
The election for Chief Engineer of the Fire
Department, passed off yesterday without
though there was considerable
feeling and excitement 1t resulted in the
defeat of Whitney, whose supporters, as is al
legged, represent in some degree, the vigiante
feeling, so far as the fire department Of this
city is concerned,-the Lane party being
supposed to sympothize with claw and Or
der views and proclivites
The National seems determined not to per-
NIT the New Almaden war to flag for an in
stant; it devotes an average of two columns
per day to the argument" of the case, these
logical exercises consisting mainly of charges
ofstupidity, corruption, political treachcry,
and whole catalogue of enormities, against
those city presses that take the or posite view
of the question. Nugent, of the Herald, hav
ing recently started for Washington, the Ma
tiona' Immediately smells direful plot, and
promulgates the sage opinion, that John has
sold himself bodily, to Bolton, Barron d Co.,
(Which the National would think worse bv
half than a similar business transaction with
the arch-enemy of mankind) and has gone to
Washing ton for no other purpose than to
maneuvre among the politicians for the bene-
fit Of those vilainous New Almaden men.
A frightful incident which occurred here
yesterday morning, or more properly speak
ing came to light at that time, should be a
warning to miners and Others who, when
visiting the city, are tempted to visit at night
those low saloons and dens of infamv which
abound in certain portions oft A man was
found dead in the street, in one of these infa
nous quarters without any mark of violence
upon his person. His pockets had been emp
tied and the probability is that having rash
ly ventured into one Of the peculiar haunts
of the neighborhood he had been piled with
liquor, and drugged, and after being robbed
had been removed into the street, where he
had perished from cold and exposure, COM
bined with the effects of the vile potions ad.
ministered to him.
There is to be an inquest, and post mortem
examination to-day, to see if traces of poison
can be detected. SPEIcLEBrRp
PASSENGERS VIA TEHUANTEPEc.-The mail
steamer, Monday, says the s. F. Times, car.