, 1859-01-14

We now propose TO argue it briefly, as counsel
for the defendant, and submit it for adjudication
to that tribunal, whence all others derive then
existcnce-the people. Against the plaintiff in
this case, personally, We entertain no feelings
which can operate to induce us to I" set down
aught in malice" We shall proceed in the in.
vestgaton with the determination to make q
plain, unadorncd statement of facts; and, what,
ever the verdict may be, shall rest contcn; with
the consciousness of having performed our duty
to our client. So much by way of introduction.
The facts in the case are briefly as follows:
Some time during the past year, one of the
steamers Of the p. N. S. Co. was unfortunate
enough to run into the wharf at this place,
causing considerable damage. In the adjust
ment of this matter with the proprietors of the
wharf, a difference Of opinion arose as to the
amount Of said damage; but it was finally ar
ranged by the company agreeing to put the
wharf in as good condition as before the aCci-
dent, which they accordingly did. Il is impor-
tant 10 full and proper understanding of the
case to observe here, that the citizens Of Stella
COON own no interest in the wharf-it is private
property. Since that unfortunate event, the
plaintiff has, whenever he happened to be in
command Of a steamer, pcrsistently pursued a
determined persecution against the citizens Of
this place. 1t is not considered out Of the way
to make landing at StcilacOom, either in going
to or returning from Olympia, and the best eyi.
dence which we can adduce in proof Of this state.
ment is the fact that all steamers, with the SOL
itary exception Of those commanded by the
plaintiff, (N. L. DalD call here, frequently with
neither mails, passengers, nor freight He has
taken freight at San Francisco for merchants in
Stcilacoom, and obliged them to receive it at the
ships side in the harbOr, at great Inconvenience
and extra expense; and on different occasions,
has taken freight and passengers for this place
on to Olympia, % miles distant thus involving
the patrons Of the steamer in an unexpected ex.
ira expense, and intolerable annoyance, which
they had no intimation or idea Of being obliged
to encounter. Some weeks since he had several
passengers for this place.. among the rest sick
man who offered him $40, in addition to. his
faro, to permit him to get ashore in q boat or
canoe, but he was memorable. Again, some ofi-
GERS at Fl Steilacoom came up with him, and by
dint Of pleading only succeeded in getting land
cd. This was at night and we could have ex.
cused his passing on that occasion, there being
no light on the wharf He said, on the occasion
referred to, that Il light was placed on the
wharf, he would always land at night The
sincerity Of these words Of hope we have tested,
and VIC have to mention the final act Of pcrsccu.
ton, which caps the climax. On her last trip,
the M0rtAernsr, Capt Dali, hove in sight about
l o'clock P. NJ, and steamed past as il uncon
scious Of the existence Of such place as Steil-
accom-. Wehaye subsequently ascertained that
she had on board some two or three lady passen-
gers, coming, unprotected, to their relatives in
this place, whom he landed at Olympia among
strangers. This was eminently gallant We
still had hope that he would stop on his return,
as there were several passengers here anxious
to take passage for San Francisco, but our hope
proved baseless. His loss Of passage money,
however, is no offset to the loss which will ensuc
to the business Of some Of the parties who de-
sired to 60.
Now, in conclusion, wo have to submit, that
W. L. Dali, though he may have just grounds
Of hostility to one or two individuals in Stella
COON; we say, admitting this for argument sake,
he has no right TO continue bis prosecutions
against whole community, that has never, by
word or deed, injured him, either in his private
or Official relations; but on tho contrary, has
contributed It's patronage towards filling the
plethoric Golfers Of company in which-he is said
to be largely interested. With these remarks
We rest our case.