The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-07-10
Court or General Ssasisns.

THE CASE OF "BILLY MULLIGAN"-HIs NON Az
PEARANCk IN CoUkr-CHIvALRY THE CAU5g
Before Judge Russe
IYe.-rhe court crowded this morning, rs
IL was expected that VIM Muitgsu-sa individual vhose
rame has been prominently before pubic OF late
being POSSESSED Of uotor'ousy pusnacious disposition
would be tried FOR perpetratDg unprovoket assault
upon Captain Webb, Of the San Francisco Vigilance Com
mitteee, at the Metropolitan Hotel.
Previous to the being called on, the Grand Jury
came Into court with batch OF indictmens Toe clerk
caused the prisoners be srragne1 when pleading not
guilty, they were remanded for trial
Peter Cah indicted for robbery In the nsst degree,
Pleaded guilty 10 grand larceny and sent 10 toe
prison for three years.
John Davht charged with grand larceny admitted that
he WAS guilty OF the minor offence, was sent 70 the
pententary six months and ordered 70 nav ne OF
800, and stand committed till the fine 10 pad.
John Higgins pleaded guilty to attempt grand lar
ceny, and imprisoned In the penenAry one year
VIM Krsell PLEADED guilty 70 an attempt at similar
crime ana remanded for sentence.
VIM Leggett, tried On Tuesday for shooting Jeremiah
Ccasly In Chatham street, with pistol, but upon whose
guilt the jury failed to agree brough. to the bar
the circumstances Of the showed that the pistol
went of by accident the Assistant, District Attorney said
the action Of the jury practical verdict Of scqual
Judge Russell accordingly discharged Leggett.
VIM MUIIIGAN.
Mr. Phillips then and rene we'd his motion ID post
pone the trial of VIM Mugan, charged with sssauiting
Capt Webb the ground of tho absence of two material
Witnesses Mr.. Phips Auimadverted the conduct OF
the daily press in endesvoring 10 rase prejudice against
Mull'gsn.
Mr. scdgwick tho Ass!stan. District Attorney s.renu-
ousy opposed the motion, and In very able Argument
maintained that the Of conduct pursued by the
prisoner such ~ to show conclusivcy tina. the sop
cations of his counsel for the pcsponement Of tue trial
were made for the purpole Of delay.
Mr. romlnscp, another counse, for the defendant, re-
piled briefly, afyer which
Judge Russell sad that stipulation had been made by
the defendant to proceed with the trial on Friday aud,
therefore ho would premptor,y deny the m'on 20 sd-
jouru, and directed jury 70 be ompauneled 70 try tue
was now half past twelve clock and another unsuc-
cessul attempt made 10 delay the by offering %
ehow why hniligsn aosen:, when It was agreed
10 take Capt Webb's testimony dc benz During tho
commoton, which quite percep.ble after the Judge
rendered his decision, hahgan occasion 40 make
himseh scarce and on being called was non ea. Wniio
the jury was beng empenneed, counsel for the de-
PENDANT sad that ne would exercIse every technical
right the law afforded him, and would challenge bach
juror The Cour decided that the counsel could no. do
coming the Court was unable 20 proceed Amer silent
interval OF few minutes the Assistant. Dstric. Attorney
moved for the forfeiture Of his recoguzance, which was
granted. John Petre Mulgans surety. Tho witnesses
in the instructed 10 remain in court, az
expected that the prisoner would be forthcoming before
the hour OF adjournment had arrived
The Court session till late hour In the Afternoon,
but huigen bad not made hts appearance.
beth smith, .n. soausd The aactnen vas for f.Oa
larceny but according 70 law no larceny was proven me
prisoner was rcmAnded and viii undoubtedly be tried 'or
The trial Of Leroy Ruschcr for the murder OF Mccarthy,
set down for today, was po'tpcned I'LL Monday, when
The motions for adjournment msde by Mr. Lurows
eel for the prisoner we're readily granted BY the Court n
ssmuch e be ecsaasn.y expected 70 prove ,he ne,sd
Jeney, whose testimony WAS directed 70 DO aiken By
commission
jacob siiversein was paced on rsl CHARGED With
having committed perjury. alleged BY The prose-
cuion that the 9Th March DO appeared before Justice
Osborn and preferred complaint against Aaron Levi,
linn, 4 .ath n
in Ergish gold coin cad bank noses, which Levi pro-
nounced falsehotd. me evidence was very conflicting,
Bennett, Campbell and Martin, who were called "a 10
arrest Levi they searched the house bot found nothing;
but on sI.sns him % the ,:en house Trend ~ M
sworc could not have been dropped By Levi The good
char.ctsr Of The wss proven and the jury ron
dcred verdict OF not guilty, without leaving their seats
There win be jury trials 70 day.
CARD Fson HULLTGAN.
10 THE EDITOR or THE HERALD
NEW YoRx, July ., 1853.
An your columns havo frequently represented IN
fairly you will do me favor by letting me explain tho
position obliged 10 take In order 70 protect my
self from what shall be able 10 show base
splrscy. Two years ago, while Deputy Sheriff In
San Francisco and Of the officers command Of tho
county JAIL mob Of men, who had overturned the laws,
armed in body 70 the Jail, and demanded Of us tho
delivery Of persons connded by the law $40
keeping In order that they might take them out and hang
them contrary 70 law resisted this demand, advised tho
sheriff asht stand segc and when the murdercrs
let In and carried on their victims threw down my
keys left the building For this opposition md the
language accompanied with the muraerers Of Casey
Cora sezed NE, handcursd and put me IN pri-
vate dungeon, and only offered my fo condition
that should leave tho state. refused 70 give assent
70 any OF their acs, and they then bound me sgan with
chains and sent OF the State, bad been q
feion. I came here 20 New York, AMI oomnencsd suits
against all Tie members Of The Executive Committee
of hozcp han in he NJ
Pending these sun, however, have from Time 70 limo
contact With other members Of that bloody lnqu
siton, and been compelled account OF ndgntes heap
ell ne, add by way OF SELF defence. ehssscd those
rufsps In person. This has always been done openly,
asd vaoot out the use o. ps'a ss bsS a
dcfcfco has been with my naked hands, backed By ply
steal ability, Of less Than medium height ana lcss than $50
on every ere Of these occasions. and believe nero
have been three four the papers, not boxing my
have rsprs.so,sa me IS an s utter tn.0
snc OF brutal nature me last Of these occurrences
took place about two weeks ago, at the Metop,hAo,
captain In the vigilance Committee during their murder
OF Cora and Casey and who had aided tue degradation
ysnced toward me- Nth one hand behind him a. IL 70
draw . weapon, and certainly impressed me vl.n me
idea that he Intended 10 assan ne dispute fo,lo~e,,
this indicted by the last Grand Jury, On ne cay
before their adjournment, and combpsfion vAs once
formed by The rich vsIspce Committee men, residing
tried on the foovius day wpioh s The last day Of sns
term, and sentenced out o. their resca jaass kasse
however, finding me entirely unpreprcd for ua', re-
fused 10 force on case bat set down Tor the nss
court day Of the month. on that Gay ! appeared, put
shov,r by affidavit my most important witness
ont OF town the Judge ordered The case 10 be further
postponed allowing Mr. webb 70 give his testimony be-
lore the Dftrict Attorney Thursday OF this week. In
case he Wished 10 return 70 Cswnia before the trial
cams on The Jajge, on this GO ,asiou, however, shd
that must be present when Mr. webb gave hs testi-
mony ard that did not come he would withdraw the
postponement end bring the trial All this con-
ssned TO- and the conditions intended 10 keep, but
hsppened unfortunately, ~ going mp Brood rsy
"wednesday night saw man iltressng . woman IN
the street, and nterfered TO prevent n, and In few
min utes afterwards the taking female
n the entrance Of store called out 70 the woman,
" / passed, not 70 90 with that man as had
ust seen him beat woman. and would have gone
M bad not he turned upon with abuse ami violence,
which resulted In my defending myself with my open
hand. The result was tax 10 The station house,
md kept late the next morning that could not be pre-
sent At the hour sPpolnted 70 take the evidence o. NJ
Webb. For this involuntary absence on my part, and
housh my counsel showed that Is was lsfsliy beyood