, 1859-03-25
bon. bal G. FitEhughs loquILtaI.


term Of the court last year; and a change
Of rrnHs having been obtained for trial in
this (ths Second District the cause was
brooghs before Chief Justice o. B. McFAD-
DEN last week, which resulted in an aoqHii-
tai Of the accused. in just one aud a halt
minufes after ii had been submitted to the
jury for deliberatiOn. i
Elsewhere, in tO-day's paper, will be
found concise and ineligible summary
Of the evidence addnced, as sustaining the
indictment-ths points raised by counsel
In the Investigation Of the cause.-the charge
to, and rendition Of the verdict Of tbe fury,
to all Of which We call the special attention
Of cur readers.
= In oar issne Of October 18th last, in
speaking Of the finding Of this indictment,
and the eause that We apprehended opera
ted 10 tho fndiog, We said" but that
Judge FrTzHpeH viii successfully and tri-
nmphaniIy live down all the opposition and
persecution that has been arrayed against
him, we entertain not the remoiest doubt.'
In our issue Of Dec. slst, in reply to a
miserable and sIanderOus attack upon him
hya correspondent Of this territory to the
~ " TIBuae, after rccitiug tho fact that
at The term o. court At which the findict-
mens was found, Judge FEzHUCH was vol
unfairly present for fee days, during which
time no bill had been fOnndy and finally
leit, under an impression which be received
from those that should know concerning.
the probabilities in The case, that none
would Be. We thep said:
d@A short tine after Biz back vas harnAdAwi.hout
apEIflce q evidence before II, (no Witnesses being
present, the Grand Jury returned an indictment and
ne Court aaiosrnea. beIote Judge FITzHyon could
y appsed u the facts and return, then and there 10
demand trial What wla he enino Of this extraor-
dinary actlani = 9. FtrznpqH bad been appointed
Judge ef hs Unitsd Siaiss Distriei Couif for the
1culiqy q Waahingtah, alEl eva malicious end dis
Appointed minds thought they could inaict q wound
ey holding anindictment Tot murder over one Of the
f5e.idsHt anPeiniees" 5oi s9r' 1goJ sst2
In extenuatlon Of the foregoing, 80 far
ubtheSg grand jury Of thslsd judicial district
& co1serued, II mSy become Us to say, that
What may be evidence TO one grand jury
Would Be rsry far from being evidence to
anothsr-a large proportion Of both Ol
whom mightibss OF really thOHgt they were
quaily hOuestnA l5ob 1li @tT o9
Bat concerning the matcriality9 or 9th.
sfwiss, the relevancy Or otherwise, Of dying
declarations, the law, as expOnnded by
Judge McFADDEs Z. as viii DO seen, thai
'the basis must be laid down, and the ter
ritory must put itself within the rule, will
reference to the prelimiDaries To- be estab
iished by the territory. before such dying
declaration could be offered by the terri
tory.n In other words:-bsfore dying
declaration can be introduced. a basis mus
Be laid down showing ttaf t1e soiiusss mad
Il his o,sH accord, and nRder he imElediat
fear Of death. etc. Now BY referring to thu
testimony Of Mr. PAOE, it viii be seen tha
when what assumed to be the dying decla
ration Of Wilsoa'was taken, he was pres
ent4-was q witness 10 the transaction, anC
whose recollection is that Mr.. ELDRrDcE
slthen q justice OF the peace for Whatcou
county. before whom it was taken, asEec
him II he troSI Ike 70 make statement, &c
As there has been 50 much said concern
ing this dying deposition Of Wilson, (ant
now that Judge FrrzHUoH has been honor
able acquitted,) we propose to devote q few
words to some facts connected with it.
Wilson died upon the Judges claimAir
one Of his own hoases-not more than l5C
yards from bis residence; and although
constantly upon his premises, it seems thai
ELDRIDeE sneaked in, under cover of dark
ness as it we're, and malicious design, anC
procured the deposition in question, without
giving Judge FIzHUeH any intimation tha
he intended so to do-Vho most uuques
tionably bad right TO be present, when t.
him, 50 serious matter was being consid
cred and reduced to writing. In othe
Eords-had ELDRIDeE been actuated b.
honorable, honest and disinterested mo
tiVes, would he not have requested the at
tendance Of Judge FrzHUcH!
Now at the time the indictment wa
found against Judge FITzHrcH, there wa
Hof before the grand jury Of the district t.
which hlIusiOn has been made, single liv
ing witness TO the affair between that gen
tleman and WilsOn-aOf one 1t is trut
that ELDEIDoE may have been before tht
grand jury, but he was pot npOn the grount
was not witness to the fatal transac
tion in question. aud whose evidence could
60 no farther than related 10 the alleged
dying deposition Of Wilson. But enough
n this snIject.