The Placer herald., 1858-03-06
AUBURN, MARCH, 6, 1858.
Last of the Trials and Discharge of Bates


Treasurer, for permitting E. A. Rowe to use
the moneys of the State. A venire of fifty
jurymen being exhausted during the day and
evening, another for twelve persons was or
dered, and subsequently another for the
same number, before a jury was empanneled.
which was accomplished on Wednesday
evening.
The prosecution relied upon the following
points to sustain conviction.
lst. They proposed showing that E. A.
Rowe, named in the indictment, used at the
times mentioned in the Indictment large sums
of money-this, they proposed proving by
the Books of Wells, Fargo & Co., and the
testimony of A. B. McNiel having first ex-
amined said McNiel both touching his knowl-
edge of the facts in connection with said
Books and the manner in which they were
kept DC, and as to their correctness.
2nd. They proposed showing that said
sums of money were used by said Rowe
from the State Treasury during the time deft
was State Treasurer, said Rowe being a clerk
of Defendant.
3rd. That Defendant knew and was aware
of the use Of said money from said Treas
ury at the times the same was used
After argument and for reasons giving by
the court at the time the testimony offered
as set forth in the first proposition was re-
fused by the court.
Without this testimony, so refused, the
prosecution could not be maintained; the
other evidence unconnected with it being in
sufficient to authorize conviction. There
fore the counsel for the State asked to enter
a noUe prosequi. The same action was ta-
ken in reference to the other case, and Bates
was therefore discharged from custody.
Thus has ended the criminal prosecutions
against Henry Bates, for malteasance in
office. Upon his first trial, he was acquitted
by jury of his peers; upon the last legal
technicality has been equally as favorable to
him. and he again walks the earth free man.
people of California that he was guiltless of
wrong while in office, he would indeed be
fortunate man. But the recollection re-
mains, that nearly quarter million dollars
is lost to the State-lost beyond all apparent
hope Of recovery. The disposition of a
large amount of this money has not yet been
explained. Palmer, Cook d Co., and Rowe
have received good share, but the s4s, 900
is yet unaccounted for, Notwithstanding a
jury have acquitted Bates of taking it. 1t
does not satisfy any one to say that Bates
was careless, weak and fool Some more
substantial reasons must be given to remove
the ban of public opinion.
Bates friends have said for him, that once
free of all criminal prosecutions, he could
and would clear up much of the suspicious
attached to his character and save to the
State much of the missing money. If these
men spoke by the authority of Bates, we are
now ready for fulfllment of the promises.
INTRoDucED.-Mr. Havens, of the Assem-
bly,, has offered two bills making amend
ments to the Constitutions: One to increase
the number of Supreme Judges, not exceed
ing six beside the Chief Justice, and to pro-
vide for District Courts-the State to be d.
vided into as many districts as the Legisla-
ture may deem necessary. Also for justices
courts, and such other courts as the Legisa-
ture may see fit to create. The other bill, is
an amendment to provide biennial sessions
of the Legislature. The first bill contains
some good features; but we doubt whether
the amendments will accomplish all the need
ed reforms in our judiciary system.
The amendment in favor of biennial ses-
sions, notwithstanding it has received the re-
commentator of the Judiciary Committee,
we consider as impracticable in etfectng a
public good. There is no real economy in
measure.
Exy The State Prison is at last under the
control of the State. Gov. Weller went
down and took possession of the institution,
against the incinations of the lessee. The
promptness with which the management was
charged, is commendable; and the little force
that the Governor was compelled to exer-
else was justified by the circumstances. A
new era now commences in State Prison
affairs.
Papers! Papers!
EE R. Hanson, was first whit the latest
Eastern papers!
aA14. Honron uazoll hoe carl Ia Al, la4--4