The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-03-24
COUNT or COMMON PLEAS.

large bodies OF men armed will Side ARMS the distance
from the headquarters the steamer was about half
mile; On three different occasions vas irored and hand
cufed; on Monday aerthe arrest was visited By IN OH
cor OF the Committee aud handouts put upon
taken Cut OF tho rooms md carried Toto bulldog
remained some three hoars handcued; tho night foow
ing, about midnight, body Of armed men came TO my
room or cell and handtlfed me- remained thoro hand
cuned until twelve O'Clock tho next day think werk
afterwards was hancc;ed two three hours the
only response received IN my inquiry To what the
cause, was, By order the Executive Committee" (e.
renee excepted 10 the inquiry as TO what sad. and
70 we answer) was whcred on board the steamer by
large numbers OF the Vigilance Committee vita Trd,tt
Smile lows and other, Immediately about my person
lows he defendsnt WIS within from three to ten to-t
guarded by large Numbers Of the vigilance committee
until the steamer left; numbers Of tho committee went
cut into the ST. cam andle tho steamer In small boats
faw p0ws on beard veg nearly until the steamer eft
Lows was generally experimenting affairs defence Oh
Jected and the Court excluded tho answer plaintiff
certipg) heard bows call one Of the committee think
Aaron Burns and dreu him TO read 10 the decree
banshment that ca board the steamer few minutes
De.ore sao LETT Barns Iend to me Piper; did pot
read myself (doienceohected 10 tho witness ssiog the
contents Of the paper, hut tho Court admitted tho tesi
mony OF the witnoss az 10 what was said 10 him by
Burns SAID IN substance You are ordered 70 iesys mr.
State OF California In tie steamer which leaves to-day for
Panama. lever 70 return under penalty OF DEATH" do
not Know that lows Was present. my impression is that
he was defence exceed TO witness stating his impress
sions the reading iy Burns followed the direction Of
lows Immediately; [ saw Mr. Bows frequently wnlio
parts Of the builcipg
Defence objected evidence as to whether the witness
asked 10 be allowed to conclude his business in San Fran
cisco: the Court excluded it and plaintiff excepted
Defence objected TO a question whether plaintiff
KEPT BOOKS and papers containing records Of his business
put win the deesn OF showing that, by of his i'm
prisonment and deportaton the lost these book
accounts The Court suege sted that the testimony would
be too remote the fact OF his losing the debts might
not be the result Of his Imprisonment deportation and
ruled out the question, plaintiff excepting.
MI MO oneys testimony contnued-I was married
uNgifD
siding together at the time Of my arrest. when left on
tho steamer mJ wife was left behind in the house that
mad resided In she arrived at New YORK on the 28th or
2h Of Novt mber 1885, following my arrival on the 27t
OF Juy defence objected evidence as TO who paid the
expense Of Mrs Moorey,s passage, paDtir exccptng)
o. AT the time you left ON board the John L. Stephcns
had you property in San Francisco? defence objected
but The question was admitted defendant excepting) A.
mad several thousand dollars Of debts due me- defence
@. What is the nature and description Of those debts
whether OF book accounts or otherwise9 Objected TO-
were AL or nearly all book accounts; believe there
were some Ioes defence objected question as to
cuded, plaintiff excepting The same course was taken
with questions as to what had become Of the books or
what YVES the amount Of the book debts.)
MIR. Cutting submitted tho statute Of limitations of Cali
forna, barring an action for debt within year on book
accounts. (Mr. OConor objected; the Court excluded IT.
and the plaintiff took an exception)
O. Within what time prior to 1856 did the book debts
come dues Collected TO- and ruled out plaintiff except
O. Have any of those book debts been collected bv Won
or on your ACCOUNT THE Same taken as with
the previous question:
aforesaid solvent ut the time you left San Francisco in
July, 1866? his took the course as the others}
Mr. OConor here moved to strike out the evidence al
ready given, as to the plaintiff having been Naval Store
keeper Of the United States, the ground that attempt
had been made 10 prove an unsettled account with the
United states, as alleged In the complaint
The Court granted the motion, painti excepting
Francisco february g. s49 lived there I in ISL knew %
al ypA tho 1afsnv 49,.
60 600 70 GOO then about so 900 90 600 in 1856
q In 1851 was there organization known as the vc
lance Committee? (ar Cutting objected, and with
Who were the two persons who went with you In the
carriage to The dockG A. Mr.. rruett and Mr. SnIe was
standing Ia my ssoteroOm coor when BOWS GIVE orders
TO have the paper read 10 me- there present Mr.
SrS,s Mo f,a nGt' nst ho,sso the e
erland and several Others Mr. Case and lows were pre-
sent fol moment before the ieadng all these persons wero
not members Of the Vigilance Commuce Mr. Hoge, Mr..
Boutwell,, Mr.. Sutherland ana Mr. Hawk not know
Of my own knowledge that two three Of them wore
not not present when the committee was formed
were, that not to return under penalty of death
or the soverest penalties may possibly have been the
was under great excitement at tho time.
Q. We're you at any ume whilst residing In San Fran
sys0 men ger r gs o ssmes there formed
NJ OConor said ho would PROVE allowed TO- that Mr.
Mo;oney member Of tho Vigilance Committee OF
1861, which hung many tho Committee Of 1866
and .hnt the latter Committee was but continuance OF
the former.
Dir. Cutting argued its nadmissiby unless he was al
lowed 10 prove that The Committee Of 1851 uphold
the law While that of 1866 defiance Of the law
The Court ruled after very extended argument, that
mDation that tho plaintiff member 1861 Of an or
ganizston OF the scope and design the exist
Ing in 1859, and that be participated in acis of the
same general character as that OF 1896.
Mr.. Cutting excepted to tho ruling tho ground thai
inaomMsblc under the poadings, irrelevant to the
issue, and not q Cross examination.
The question Yves then repeated
O. Were you at auy time, while residing in Sun Fran
cisco, member Of Vigilance Committee there formed
know whi was my p''mher mover received any that
know of think not the 1rst person who signed the
roll not at the Grst meeting; there wore few pre-
cent ct the first meeting; 1t meeting Of citizens;
could not state how long that glanco Committee In
operation; acted with them but very short time;
think that committee was in existence about four months
Y. Did you, in 1851 any hanged in San Francis
CO? A. Yes, sir.
Mr.. Cutting objected, on the same ground.
q Did you see Mckenzie hauged9 A. saw him hanging;
also taw Whitaker at the Same time hanging; jon
kns hanging In the public plaza 1t weeks before;
paza was comparvey the street yns a aE
OF men; they mixed multitude; supposed there
were members Of the Vigilance Committee present the
were hung from the window Of building Battery
strcot--a largo sorehougc; saw appearing u
have charge tho BODY mean to say distinctly that
did net sec many @ standing and looking on be-
front Of the hotel was not then member Of The Com
mittcc; may have been two weeks after that that
joined The Committee; II before the hanging Of Whit
tacr about fortnight; that after the hanging Of
jenkins; may have been witness at the Coroners in
quest On Jenkne
q. It'd lou hear IL stated before you went out OF town
what body organic liion 1t that wanted hang
JenlSps9 A. know Of no organization at that time.
@. Did you hear stated that night who were going 10
bang jenkins; (Mr. Cutting excepted and no
given
cut Of California in 1851 by the Vigilance Connteey a.
] DO not know that tact.
Q. Were you ioiormod of II BY members of The Com
mit,ee9 A. think was, sir(Mr. Cutting objccted)--I
rccollect Of hearing OF one or two persons.
The Count at this point adjourned until tomorrow
morning.
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At EyaIs'.
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