New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-09-27
LAW INI,ELLIGENCE.

COURT OF GENERAL sEssIoNs-srrr aS-BsfOre Judge
The case of William Muligan who pleaded guilty
70 an assault and battery Hiram Webb of San
Francisco came up for sentence the opening of the
Court. number of Aldermen and other politicians
were present Mr.. D. f. Sickles and exJudge Phil
bps appeared for the defendant
Judge Phillips read the affidavit of the prisoner, to
show that, while he DeputySherff and Keeper of
the Jail in San Francisco, the Vigilance Committee
of which Webb leader, arrested and banished
him without process of law. The affidavit also re-
cited the circumstances of the assault upon Capt
Webb the defendant asserting that he struck him in
The belief that be about TO shoot him. The aft-
davit of Vim. caldwell, Cashier at the New-York
Post Office set forth that he heard Webb say at a
dinner party in Nantucket, that he captain of
company of the Vigilance Committee, and was largely
instrumental in procuring the expulsion OF Mullgan
Mr.. X. g. BerOrds affidavit set forth that ne heard
Webb, at the Howard Hotel say he did rot blame
Eullgan for the attack which he had made upou him.
The counsel would also have read Mr.. Webbs attda-
Wit, but
MIR. Sedgwick, Assistant is,rict-Attorney said he
intended to read it himself. Mr. Scdgwck, after
merrg upon the fact that the prisoner had pleaded
guilty ana then into the Court at the last hour
with an elaborate defence which the prosecution had
not nor been apprzed Of read IN loud and dis
tDct voice that rang all through the Court the follow
ing affidavit:
Hiram A. Webb, being duly sworn, says: On the
evening of the 2lst of June last, was violently as
ssulted at the Metropolitan Hotel by VIM. Mullgan;
standing at the entrance of the office of the said
Hotel when Mubgan stepped mp to me and said, - Is
your name Webb p replied, Eyes" "Wel,' said
he "You were Captain Of Of the companies OF the
Vigilance Committee Of San Francisco that banished
from the country" re then struck me three or tour
violent oto'os ,' the forehead ruth has fsis ka0cSsas
ae dorm; uhtie dorm he kicktd ga The head after
regainiIg my feet put my hands IN my pocket for
handkerchief TO wipe the blood which running
down my head and face; he came up to me again
and said, Damn yoH, Webb are yoK orn,dY |
replied, "no;" ''then, damn you, take that tins
Was Immediately followed " another bIor from htD ~
M face Mr. Warren Leland then interfered and took
bm away from me; two policemen standing on the
sidewalk refused to arrest hIn without warrant.
Signed, HIRAM A. WEBB.
The Hon. Daniel T.. sckles as counsel for the pris-
oner, then addressed the Court He said that this
case was not a common brawl such as usually came
before that Court. II was very much mere. The
defendant and the prosecutors recently residents
Of San Francisco They both held offices, although
they differed in politics. TIE parties 10 which they
belonged fell out, and the defendant seized,
bound, imprisoned and presently hurried OF IN the
night by armed men Of the other party, led by Webb
and others, who threatened his life If he rased his
voice IN reuonsrance against this monstrous tyranny
Thus dlsgraced, degraded denied interview with
his family whc by his expulsion were le destitutel
and forced away from his home and friends 10
distant part OF the country not Surprising that
this gentleman, when he met one OF his oppressors
should feel indgnant-sh0uia lac overcome with ass-
sion, and take summary vengeance upon his person.
But he denied that Mulhgan dbl even this until Webb
approached him in threatening attitude, with his
hand in his coat pocket though seeking weapon.
And who was this Webb BY the testimony
Of history, by his admission, be had no
status in that or any other Court. He was meu
who took leading part in usurping the authority Of
the Courts, and all civil authority 10 distant State
substituting disorder and riot aud murder for peace
and order, and law. and had no right to come here
and invoke the law in his behalf. Counsel claimed
that the time would come when the martyrs of the
vigilance Committee would receive Justice at the
hands Of the public and the Courts of New-icrk.
In eoncusion he desired tie Court TO assert It's nris
aie'on ana declare how far this man justified ~
what he did by the memory Of what he had suffered
ut the prosecutors hands.
The Grand Jury was here dismissed
Judge Russell asked Mr. Se1gwick if he had any
remarks to make.
Mr.. Sedgwiek replied that the defense had the
close.
hulgen then stood up, and the Court addressed
bin as follows:
William Mubgan, you pleaded guilty Of an assault
and battery upon citizen Of California. |: is my
duty to say whether you shah be punished for the OF
ense; and, %, to what extent. In civil actions for
assault and battery, the Jury, in adjusting damages
are allowed by law to regard the provocation which