The Placer herald., 1859-06-11

The committee could only approximate to thu
value of the property, and did not conceive tha
they were sufficiently informed to pretend to de
signate the owners of the different articles.
In placing a value upon the property mentioned
in Exhibit 'P" the committee could only esti
mate part of the articles, at which they con
sidered them reasonably worth, in the use to
which they are applied, as there are great many
articles that would be utterly worthless for any
other purpose and nearly, If not quite all, have
been more or less used.
There are some articles which, in the opinion
of the committee belonged to the State, and few
that belonged to prisoners, for description OF
which 1ide the testimony of John Mckenzie
Charles W. Robinson, and John G. Gordon which
have been taken away from the Prison, by both
Gen. Estell and Mr. McCauley, the value of part
of which could not be ascertained. 1t must be
remembered that, by the terms Of the lease Of
March Goth, 1856, Gen. Estell became the lessee
of call that certain tract or parcel of land situate
on Point San Quentin, in the County of Marin
and State aforesaid, and known as the State
Prison property, consisting of thirty acres OF
land more or less, together with, all and singular
the Prison and houses and ell Improvements and
hous thereon situate; also, all the shipping-ves-
sells, boats, fixtures, Implements tools. furniture,
stock and other property. belonging to the State
of California. now on. attached to, or connected
with. said State Prison, or who may hereafter be
confined therein. during the continuance of this
lease; together with any and all real estate or
other property, that may hereafter be purchased
or acquired by the State of California, for State
Prison purposes, or in any manner connected
with the same"
And the said lease. on the 14th day of May,
1857 was assigned by Gen. Estell to John F. Nc
Cauley, Estell ''reserving to himself the full power
to visit and inspect the prisoners, the police and
management of the prisoners. and all officers and
1. !.
visit and inspect the Police Of the Prison shall
be entirely Independent of the party of the second
part The said right to visit the Prison. and pri-
soners may be exercised at all hours night and
day. and he shall have the full power to do all
which his duty TO the State of California requires
him to do in regard to said prisoners, the police.
and management of the same"
Under which. Estell. until the date of the as
signment, (and thereafter McCauley.) contendcd
that they entitled to the exclusive possession
and CONTROL of all the property mentioned in the
inventory referred to above. as appearing in the
Appendix to the State Journal of the Ninth Ses-
sion, and all other matters mentioned in said
lease. as before quoted; and the latter contends
that he is now entitled to the possession CONTROL
and management of all such property and effects
of the Prison, and prisoners, equally with the
possession. conlrol. and management of the Pri-
SON grounds, or real estate of which he has now
obtained the present control, by the decision of
the highest judicial tribunal of the State. The
of his position as TO the personal
property, although the question depends on
analogous to those involved in the
case already decidedly unless the lease shall be
declared void. or the rights and privileges held
Hereunder forfeited, remains as yet, to be de-
termined.
Contemporancou ly with the execution of the
lease hercinbeiore mentioned, Gen. Estel, with
suretcs. executed bond in the sum of 5000 900
conditioned that if he failed to do, keep, and per
FORM the covenants and agreements stipulated in
the lease. the same should be in full force and
effect; and on the 2Sth day of April, 1856. ad-
ditional bond, with the same sureics. in the same
sum, and to the same effect The first was ap-
proved Ivy all the members of the Board of State
Prison Commissioners, and hereunder is written
a certificate of Gov. johnson. that, from his own
personal knowledge the suretics ''are entirely re-
sponsible for the amount specified in the bond;'
but there is no seal appended to the signatures
of either principal or sureties.
The last was filed in the Office OF the Secretary
of State. on May Sth 1856 General Estell, by
said lease, covenanted and agreed "that at the
end and expiration Of five years, he will quit and
surrender the premises and property afore-men-
toned and all walls. Prison, or Prison-buildngs,
and permanent fixtures of any and every kind,
hich he may erect on property now owned or oc-
cnpied by the State. or which may be purchased
or acquired by the State for State Prison purposes
to the party of the first part or to su, parties as
the State may, by law. authorize to receive the
same, in as good condition and state as reasona-
BILE use and wear thereof will permit-damagcs
by the elements executed-the property now own
ed by the State" And if, at the expiration. or
other sooner determination of said lease, the pro-
perty which was delivered to the Lessee by said
Commissioners, and all property of the State, or
cOnvicts which shall have passed into his posses
sion or control or that of his assignee, shall still
be in existence. and not forthcoming, or surren-
dered TO the State. its officers, the remedy will
be by suit on the said bonds, or for the recovery
of the specific property, in case the same can be
found.
Until said lease shall be declared void, or the
rights and privileges held hereunder declared
forfeited by competent authority, it is the opin-
ion of the committee that the lessee may right
fully continue to have and hold possession of all
property mentioned in it, or such property as the
Lessee or Assignee obtained peaceable possession
of by virtue of the provisions of the same.
In addition to the foregoing amount of vaua-
tion, must be added the value of the bricks and
bats on the yard belonging to the State. which
amounts to fifteen thousand six hundred and fifty
eight dollars and six cents; making total, lex
elusive of the stone before excepted of fifty four
thousand nine hundred and three dollars and nine
ty cents
In the purchase of this article, for consump-
ton at the Prison, we find from the books of the
same, and from the testimony of John Mckenzie,
John Jones, John Rickerstaf, Harry Morgan, and
Edmuned Clarke, hereto attached, that it was pur-
chased at as reasonable rates as it could be OBJ
tained-as low certainly as the market rates.
That it was measured by the Boat-masters before
receiving it on the boats-that the amount and
quality so received was landed at the Prison, at
the Commissarys office-the same was en- re-
cepted for to the Boa;-master; and that. when
payments were made, these entries were used as
checks upon the vouchers executed by the ven
dors of the wood. Owing TO the inferior quality
of the clay nearly half cord of wood was re-
quired in burning each thousand Of brick placed
in the kilns. The Committee, after searching
investigation, have not been able to discover any
improperly on the part of the Prison-agents, as
between them and the State. The wood account