The Nevada journal., 1858-11-12
The People vs.. Vim. T. Barbour.

EprroR JOURNAL In your paper of the 5th inst
find the following article credited to the Trinity
Journal:
"Difcrance between being goted by your and
my bull."-The Trinity Journal says, four years
ago VIM. T. Barbour, Judge of Marysville District,
assaulted man with deadly weapon his case
has been continued from term to term ever since.
If the assault had been made by some fellow with
broken down shirt collar, apprehend justice had
not been drowsy. This law is curious thing and
doesn't always furnish suitable for goose and
gander.
As the foregoing article contains few errors l
propose, with your permission, to give you and
your readers full history of this and the cause
of the delay in bringing it to close in courts of
justice. In doing " will nothing extenuate nor
set down aught in malice" but will truthful tale
unfold in as concise and moderate manner as
am capable of doing and without further rem arks
will begin my statement at the incipiency of tbe
difficulties which led to tho ndictmep'. Of .Judoe
Barbour for felony.
In the month of June, 1854, a man bv the name
of Fummer W. Thurston (he ;s ,ox ds,d, w,s tried
in the Court Of Sessions Yuba conntv for an as
'ault with deadly " eapon upon the person of DR..
D. '" " ,n'of VII intent to commit great bodily iu-
July An"fS on had attacked Doctor Winter, just
q" '-' 'a' er was about leaving steam boat, at the
Ni"'S sville landing and without any cause or pro-
1cation beat him severely, with axe or pick
helve, over the head and body breaking one of his
arms and one or two of his fingers, and otherwise
bruising him severely. For this offence he was
| found guilty by jury of his selection, and
was sentenced, by the court, to pay fine of five
hundred dollars and be imprisoned in the Peniten-
tiary for term of six months. From this sentence
Thruston took appeal to the District Court of
the 10th Judicial District Judge Barbour's. In
August, 1854, the argued before Judge
Barbour and submitted to him for his decision. The
question at issue whether the District Court had
appellate jurisdiction. The District Attorney Judge
Reardan, took the position that the District Court
| had no jurisdiction Thurston's counsel taking op-
posite grounds. The case, as have already sta
ted, submitted to Judge Barbour in August
1854 and tho the Supreme Court had decided,
months previous to that date, that the District
Court had no appellate jurisdiction, yet up Oct,
1854, Judge Barbour had not rendered his decision
| in the matter, and from appearances did not in
tend ever to do so, if he could avoid it. About this
Barbour and Judge Bliss, county Judge of Yuba.
relative to the discharge of by the latter who
had been found guilty of murder in the second de-
| gree, or perhaps manslaughter in Judge Barbour's
Court but who, owing to Barbour's negligence and
his too frequent use in those days. Che has reformed
| now) of the 40, be joyful" was never sentenced ;
Barbour having neglected to fix day for passing
sentence and having absened himself from the city
until his court became adjourned by the operation
of laws, Judge Bliss discharged the cuprit. not
finding anything in the law authorizing his deten-
| ton. When Barbour returned to Marysville, he
stirred up considerable feeling among the eople of
old fdba, denounced Judge Bliss in unmeasured
terms. The excitement, growing out of the dis
charge of the person (his name 1 have forgotten
became intense and led to q newspaper controversy
between Judge Bliss and Judge Barbour At that
time was engaged in the Herald Office, in the ca
pacity of Reporter and, in consequence of my po-
sltion, became intimate with all the facts in the
cases under consideration. was on intimate terms
of friendship with Judge Barbour and felt disposed
to sustain him, If could do so, consistently with
my ideas of propriety and my sense of duty to the
| public During this excitement growing out of the
| discharge ofthe murderer, much was said, by many
of the best citizens of Marysvile, against Judge
Barbours conduct, not only for his neglect in fixing
a time for passing sentence upon the felon, found
guilty in his court, but also for his neglect to de-
eide the case of Thurston, which was, two months
previously argued and submitted to him. He was
denounced in unmeasured language, and threats
| were made that he should be impeach ed, not only
for his utter neglect of his duties, but also for his
drunkness and debauchery. All sorts of things were
said of and against him, during that excitement,
and more than person intimated, in strong Ian
guage, that he had been bribed by Thurston, to
smother his case, if possible. Feeling it to be my
duty, faithful sentinel on the watch tower to
keep the citizens of Marysville and Yuba county ap-
prsed of all matter concerning their interests, ad
dressed communication to the Editor of the Her
ald asking, in polite and moderate language, what
had become of Thurstons case, and also about ano-
| ther case which had been appealed from the Court
of Sessions to the District Court, the of the
People VS.. Hartis On Saturday morning, Oct. II,
1854, the Herald appeared, containing my commu-
| nication. That day I was attacked by Thurston
| and Barbour-the former armed with revolver and
the latter with large bowie -knife-and between
the two, badly beaten But for the interfer ence
of friend, probably would have been killed, he
having arrested Barbour's arm, just at the moment
| his knife was about touching my body.
| For this offense had Barbour indicted before
the Grand Jury of Yuba county, at its Nov. term,
1854, for an assault upon my person with intent to
commit murder.
| At the Nov. 54 term of the Court of Sessions
Barbour arraigned, under the indictment, and
pleaded not guilty. He then, through his counsel
Ned Marshall-asked for change of venue to
some other county, founding his petition, which
oral, upon the fact that the personal relations
existing between Judge Bliss and himself were
such as to warrant him, Judge Bliss, in granting
the change of venue, without the usual affidavit.
Judge Bliss and his associates very properly refused
| to grant Barbour's request, unless accompanied
with proper affidavit whereupon Barbour filed
an affidavit, in which he set forth that he could
not have impartial trial in Yuba county, in con-
sequence of the prejudices existing against him
among the people, &C. Upon this affidavit the
I