The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-09-26
Court OF General Sessions.
Before Judrc Russell.

GAN-THE GRAND JURY DISCHARGED, ETc., Ere.
sErT. 2o-Io-day being the last day OF the September
term, and number of prisoners having remanded
for sentence, the Court was crowded to It's utmost
capacity by not only the friends Of have
convicted during the month"; but by large number
of distinguished citizens, among whom wero Aldermen
Boole, Bradley aud reomey, Of swin milk notor,ety,
Al halfpast eleven the City Judge took his seat upon
the bench, and instructed the Clerk 10 arragn the pr
soners.
Mr.. vandervoort called VIM Mugan 10 the har, who,
IT will be remembered, pleaded guilty TO an indictment
charging him with assault and battery Capt Webb
the Metropolitan Hotel. Mr.. Webb was a member Of tho
well known Vigilance Committee of San Francisco
EG-Judge Phillips, counsel for Mr. Muiigan, rose and
said that he desired to read number of adavits mt
CATION Of punishment explanatory of the relation which
existed between the complainant and the dcfcndant-
AFFIDAVIT or WILLIAM MuLLIGAN.
CITY and County UNITY Of New York ss-wiiam Nuligan the
% Ss %ns
citizen and resident Of the city of San Francisco in the
Of Deputy sher aud Keeper the county jail that IL said
Ds@a sad q q %a % Gsf hS%ss'fi %sss a so 4
pannt IA 'hs action was an active and prominent member
took e'a SsS mp ns pna ss So
sass ana sr @ % and al,
was captain OF company in said organization and band Of
sci a That n & deponsn a a sc sp
Of ns county JAIL fortified e sane aud resisted The said out
therein confined and continued to resis, them until required
superior officer That his rssis,ance Of the d usar
IN as @ a saaa S @ & "a
Sss Ss sss @ 3 sS s f s mid in
being part Of the said eganisaoa md band
q outlaws and carried 70 honse dungeon which was
band of outlaws and their agents and after being hand
said outlaws and Se mons who repsaeds ss
70 hang s deponen that guard OF armed men
hs o 3
sI IA he % to wr Of haoess
and Their agents and employees refused allow him
open deance that for many days he said
Organization and band Of outlaws with said Webb as
therein were without any authority arresinS and nearse
armed hordes The Webb appearing a. The head
this was confined handcad and guarded IN the
eS %er .er ns
snate or publicly executed by the said outlaws that in open
said building gaows erected and stated by
q the said armed outlaws thu, aeponent g he hanged
and guarded certain members and band
deponent that he make stements % certain
well known aud reputable citizens of San Francisco they
sun o. 5000 and RELEASE him, he would sSea leave
naspany s b. s AL o. wc
while this deponest confined and imprisoned deponens
psppose ns s outlaws until the dsy pere hs dspoaea
was canshed from said state q California hereafter
ed hat the trunks containing the wardrobe aud clothing OF this
depcnen sent 70 the place where he was confined but
change cong, but banished him without single change
Of linen clothing Of kind what dponcnt had upon
he by body said outlaws deponent
one Of said armed outlaws who thrsaiensd deponent
made any nS.s eaery he blow o. %
the said outrage and violence committed deponen
and @ Ss by bis ss and ] S,n 5
outlaws they pretended % have ed this deponen FOR some
sad outlaws the cen Of this deponen surrounded BY
,hey called he Of this deponep, which the e
and never return thereto under the penalty Of Death aud that
some o. them threatened 70 send this dep9nen, 70
I iss, al asoS. Tho hour Va q I9slnisSI, he said
10 The cen wherein this dponen was confined and aer again
handcsnnr him. led him forth with armed outlaws
holding revolving pistol baud,
outlaws 10 CALIFORNIA -rret 10 steam tug ON beard of which
hey for hm and finally eomgced bin . leave that pla
resided; that the day OF the and battery charged In
msss " ae s " ey Of Fan F%as "a cosny rs1s ss
!hst county entered lbe Metropolitan liCle shere s Hays
menthat while IN the act o obtaining such rere.hmen sabi
Immediately lsf the Webb bad bar,
sa colonei Ihos lays asked ,hs deponeni b d no,
replied he I'D not, that said Hays remarked that captain
Commute In Caifprnia' 10 whch deponen responded II
,hongh knew the tsc and very glad he befa
Colonel la. twenty minutes depouent
h soar & webb es snns ~ % S a p @ @
peneni passed sa Webb deponen, loo 81 a. him sharply
Mr. xaIiisan" extending his hand; DE-
ponen, s.M .wha; Is your name sr, 70 @, ,, which he
Vigilance csnss wsS b. Tssi
.s. .Ts
b. not speak me- 4, hi. remark from depossn. sad
Webb himself what deponent understood attitude
o atak and one band behind hun y . draw weapon
ing weapon any kind upon hand which Is the assault
saasy u ssa webb And ~. drpOnsai
above AID hotel -sa weOo has declared ,hs,
deponsni place Aud dsponsn, arthsr hs, .hsn bs
Webb was ,here,n ina, h. IN tbs city q New
York And further deponeu' sass ,, Sp, Ian xr,ta.S
Sworn before me, this sa.h day Of sepieuber, isss
A. A. fHiiisrs, Commissioner Of Deeds
AFFIDAVIT or wN. CALDWELL
G snd G q Ms ss,s wam :, = osTs ,s or saa
iyJ being sworn say- he hiram Webb The
sJas last be depeasno met s Webb dinner party N he
iownof sai webb hen there
and bad been prominent msmher o The vigilance Commute.
m,,es and =. captain of on. ~ he ompsue had been
srssy iorcise sIpusga and enlistment
from s cry q San Francisco and STATE q Igrnn % And
sworn % before ne this 2eh day of september D. sss
ST BAnGrR, Comnissioner Of Decsls.
AFFIDAVIT or RICHARD q. BsRroRp.
said city and county being sa that he knows Hiram
Webb, The complainant In the above entitled cause that ON
certain tho month OF June last deponent said
Webb tha barroom OF the Howard Hotel " ssi city, and
heard said Webb then and there renDn 70 several
standing by of and circumstances lead
Ing 10 and connected with alleged assault which was ssi 70
have been committed him the said Webh few day she
fore by William Muesn the defendant IN the above entitled
that n the ~ said conversation sah Webb al
ued the fact his he members of tho
Vigilance COMMITTEE of san Francisco, which had orcihy
expelled the ssd Muligan from CALIFORNIA;, a. he pro.
bable why said Mugan had attacked hin, ts sail
webb Aforesaid that sail webb IN connection With SAID
sah Mulgan. openly stated 10 All present. that he Webb f
blame said Mulligan the
And further deponcnt saith n. y. BEkFORD.
sworn before ths 23 aay of September, A. " 1865
CHis. X. SnrH, justice finh District Court
when the counsel had finished reading the above am.
davits tho ASSISTANT District Attorney produced an ada
VII " Capt. Webb ia aggrayatOn of punishmcnt alter
which
Daniel sscklss Esq, senior counsel Cor the defendant,
addressed the Court as follows