The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-09-29

III
lion dollars annually will be paid into court.
The following Is synopsls of the bill iled;-It repre-
sents there s in santa Clara county tract OF two square
leagues OF land having mineral AID quicksilver ore and
the quicksilver mine called New Amaicn thereon, the
property OF the United states That defendants are min
ng thereon and comn.ttmg waste bv digging orc and
smelling quicksilver, 10 the value OF than mill
ion dollars year and IN the aggregate have converted TO
their use property OF the Tntcd States the value
OF eight millions Of dollars and threaten to continue the
waste the irrcIarablc injury Of the United Satos;
that the defendants Justify then trespass as agents OF
Andreas Casero and those claiming undcr him. by vr-
tue of pretended title from the Mexican govrrninent;
that the act OF Congress required every person claiming
under Mexican title 10 present before the Board OF Com
mssionels 10 settle private land claims in California that
petition was presented in the Of Castiero, which
pending in the United States District Court that the
title claimed was under announcement before an Acadia
o san jose IN lsa5 racation by the Junta de Mnera
IN Mexico ana gran, o Two square leagues of land by
The government Of Mexico; that this title Is invalid
in law and all the title papers are forged, antedatcd and
fraudulent against the United States that in respect to
the Almaden Company It's title is fraudulent and forged;
that the founder OF the company Alexander Forbes
Of Tepic that In 1916 Cascro having discovered that
quicksilver ore was on this tract OF land he and Jose
Castro Padre Real and the two Robes formed an agree
ment 70 work the mine that Alexander Forbes of Tepc,
hearing o Tue discovery Of quicksilver, sent Mcnamara,
an irsh catholic priest, 10 California to make inquiries
about III that California being conquered by the United
States, Mcnamara and Padre Real conspred put the
property beyond the reach Of the United states by
tractng with Engsh compang work the ininc tina,
in November, 1856 Mcnamara made pretended contract
with Alexander Forbes for years for working the
nne that the 17th OF December Forbes further con
spired with Castiero in Mexico and obtained pretended
ratification OF that contract that Forbes 10 California
in lS47 TO explore and search for quicksilver and verify
the reports that had been made him, and inding
rich vein in November OF that year. bo in January
lS4s, made pretended announcement before Al
calde and obtained concession Of four erenencias on
the 2lst OF January lSaS and surveyed the leagues
land in February, 1885, from which to the possession of
tho present claimants dates and that all the title papers
set up false, forged and dated IN execution
OF the fraudulent piracy between Mcnamara and Padre
Real, to cheat tue united States out Of the land and
and hat 10 hSy
mara, Alexander Forbes and James Alexander Forbes
which is made part of tho bin.
Tie preceding allegations made information aud
belief but ii well 10 state that the claimants of the
Almadcn mine now in possession the testimony
already given against them false and tho grant under
which they hold made in good faith and for yala
BILE consideration They have introduced evidence while
the before the District Court directly at variance
with the statements set up by the United States the bill
Just fled The bill IN one ot it, counts claims il the
grant to Cas,llero was valid he and they claiming under
him ought to abstain from wasting the estate until the
right shall be determined by the District Court the
prcmc Court Of the United States
Colonel ela Tore the District Attorney, In presenting
the bin stated that filed under special instructions
received from the government at Washington. The
United States has retained MessTs Edmund Randolph and
Edwin NJ Stanton rs counsel TO assist in the prosecution
OF the case.
THE snIrwREcKEp JErANEsE RETURNED.
On the i Of July last the English ship Caribbean sail
ed from this port for Victoria v. l., having board
twelve Japanese sailors picked at sea by that vessel
The Caribbean took from here passengers and mercln
disc tor the Fraser river gold mines, and intended TO
leave after dischagng for chiua and japan IL appears
Captain Winchester, in consequence OF the raging
the Chinese waters, has determined prosecute his
voyage and has returned to San Francisco. III this way
the twelve Japanese are once more here without any
prospect OF their transportation To their country.
They live on board the caribbean and treated with kind
The federal officers as far known, have taken
stood Captain Winchester insists ON keeping them on
board his vessel until he across British ut
war when he will place them on hoard The Satellite
and tumper at Victoria, but IL he did
render them ~ either Of those ships.
SAILING or THE ST. MARYs on CRUISE.
The United States sloopof war ST. Marys sailed from
this port on tho 2,th August on cruise She to call
and spend time a several of the Mexican ports Ia
the Gull OF California where We have been IN the habit
for several years past, OF hearing well authenticated re
ports Of outragcs American citizens by the local
horities Repeated representations have been forwarded
Ia Washington calling attention to the perpctrated
our fellow countfymen residing at Acapulco Mazatlan
snd other towns the coast, and asking that ship Of
should be gent 10 look after their interests The
minus OF her cruise Panama, where she expects 10 ar
rive IN Decembey next Tho hre port she win ea at v Nan
camilla, where she viii remain few weeks thence to Aca
uco staying month. Her orders require all the MoxcaI
csss in the CALI of California 70 ss visited. " commune
ion with the Sranac, the viii be Of bcncf
20 interests south. The details vf the mi rcs suffered
by people most distressing and should long since
have been looked after
Young Ansa who was taken prisoner by the Nexcans
NJ the time crabb party iuassacred at Cavorca
been released The cause OF this action IL the rcpor.
which rcarhe the Mexican authorities that the Sauac
al instructions 10 call at Mazatlan and demand his
lease Ainsa, whose family resides in California is ex.
The following Is list Of the officers OF the Ss MTys-
Charles Hcnry Davis commander; Robert H. Wyinan,
John = Maury, David Nccorsc, Thomas 7. Houston,
VIM. H. Ward, & y. Thomas, icutenants; y Winthrop
Taylor surgeon; W. A. 1ngersol, plrser r Mcdonald
Reynolds, lieutenant Of marines; Stewart konnody, assist
ant surgeon; Leroy Fitch, n'ishpmani Philip J. Miller,
boatswan Y "A. Cassidy, carpenter ". W. Frankland,
samsAer; L. X Kills, gunner; $ u. Burnhsm, purscr
clerk A. q. Maynard, captains clerk J. X Jackson yco
man; James o'Dowd, surgeons steward.
For reason tho st. Marys has not been sent 70
Puget sound though the number OF Fraser river emf
grants woald seem TO call Cor the presence OF ship Of
war. Tic Hudson BAY Company abatod a jot VI
their claims 10 exclusive trade; and "a back up the pre-
ten,e, English armed vessels hand. But IL il In.
nntcy better 10 have the 81 Mays al M.zatln os Aca-
pul,o than 10 See her lying useless AZ Mare bland.
THE BrTTERFiELD OVERLAND MAIL ROUTE.
On the 25h OF August the first stages og the Overland
Mail Company, under the Butteri,ed contract eit this
city Cor I"s Angeles via TuIare Valley, Kern river and
Fort Tcon The stages to regularly hereafter
three times week. The period at Which Buticrtcid q
Companys contract stipuiacs that the line riss be IN
running order tho 10th of this month hut they have
commenced IN order 60 stock the road dg wells, select
suitable stations and get everything M readiness by the
appointed time
EEroRTED MASSACRE or OVERLAND NAIL GUARDS
UNForNnFn.
Ono ~ the most gratifying pieces q intelligence that
leaves by the steamer to-day " that s reported murder
of drivers on the mail route FROM SAT- lake b. Placer
vile turns out 70 b. hoax. The Shcshone Indians, who
charged with tho mur have always been friend
u and the knowledge Of this fact from the rst uncd
the story to be received with great doubt The route s
ythrg should 10 lessen confidence OF letter
writer's travellers IN the safety II the region through
which The stages pas.
THREkT TENED ATTACK or orr Avs OK san nrTao.
One a the ccc's q wthrawng tgoo sffGu the south
rart n California for scrvicc IN diCron has been %
leave the towns N tat quarter cxpo q 70 ininent dan
ger from attacks ol !lans and outlaws. Several tribes
of Indians known bc dsccicd and no iath he
placed even Tor day on their pclcrahc dsposou The
town of San nicgo in the nlCst dcencerss conditions
which iact has resulted IN n determination among arge
body Of outlaws who lnfcst the nugy ~ suck and de-
s,roy tho place. Il is feared these men VIII form
alliance with hostile Indians 20 as it In
the attack. Whst makes affairs much worse y the entire
absence of arms and ammunition. either IN the military
stores IN hc hands of private citizens IN san Diego.
Representations have been uad ~ tue army accrs but
would they without means 70 lend any assis
lance
Tho Herald published at san DIEGO Jnly ~ states that
M w. Issue II the wcek before nue,d rumor then
that attack san Diego was threatened ny
the desperate ne of outlaws and fug'vcs from Justice
who incet Tho iloticr ~ Lower California Information
has been received since that time from various sources,
rendering that this not un.onndcd,
qrfI Hass