The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-11-24

INTERESTING FROM CALIFORNIA.
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We have tho overland mail, with San Francisco dates
TO the 2Sth ultirno.
Two convicted murderers, named Elder and Jenkins
are be hanged, in terms OF their sentence at Quincy
Pumas county, the 10Th Of October On the 25th Of
November, Miguel Marquis convicted Of the murder Of
Andrew Lester, at Oakland, the 4ih Of July last will
be executed in the jail Of Alameda county
Baly Birch arrested in Sacramento for playing with
his mnsres Sunday, thereby violating the law to pro-
hib barbarous and noisy amusemcnts on the Sabbath.
He tried before jury, who brought in verdict of
"not guilty" without leaving their seats.
Ban d'Orinont, Of the distinguished Dutch Gene
ro of that pame died the oath October the French
hospital, and was inferred at the Mission Cemetery
OUR SAN FRANCISCO CORRESPONDENTS.
SAN FRANCISCO, Oct. %, 1859.
Stockton Contribution TO WdsAington AoNwment- French I'M
portaticn Of Sill1oorm Eggs from China-Repite Of
Convict Ancther Elcpzs1&-Crims and Inetisns-Af:
BruderiokS Successor in he eaate-Adh1 nedan VT
nesses-F Tes-Markds-D Deaths and Marriages. &C.
block Of granite taken from quarry in the vicinity
Of Knights Ferry San joaquin county, and designed to
occupy place in the Washington monument to be for
warded Immediately TO its destination. the fol-
lowing inscripuonhe citizens Of Stockton, San Joa
quin county CALIFORNIA; tribute Of respect to the Father
of our Country, George Washington--lS59."
The French bark Marie, which arrived here the ed
inst from Shanghae, brought one hundred boxes Of
Chinese sikworm eggs They to be sent TO France
Last year single Of eggs arrived in this city and
went east In the same manner.
The Governor has respted Pedro Ybarra, who was to
have been hung last Friday at Mokelumne Hill, until the
4h Of November next 10 order to allow him appeal
the Supreme Court
Another eopement by the steamer of the Goth inst has
come to light John lova an actor went off with Mrs.
Schaficr the wife of an engineer absent his ship
They took passage under assumed names
Lyman Ross has been discharged from his debts in
On the 18th of October at ,Sepulvedas Canon, about
eighteen miles from Los Angeles James Pratt shot
by James Connolly and died soon afterwards
IN Los Angeles, the 18TH aFrenchman named Alexis
and sonorian named Manuel Ruez, were killed by man
named Endcbs, from Texas.
David Hyland found guilty, in Marysville, the
Oath inst of murder in the second degree It appears
that little child, the icgtmate offspring of Hylands
wife, came to its death by the brutal treatment received
at his hands
Jacob Levi, tried at Tehama, charge Of (capi
tall, for setting fire to that town. acquitted last week.
On the first trial the jury failed to agree.
On the 18th inst a man named William Luther, who
came from Nevada on visit to this city, MORALLY
wounded and died the following day under the following
circumstances. Luther talking with friends on
the Of Leidesdor street, when hnrredy
out Of small house in the neighborhood and Crap
pied with each other. Luther stepped forward to sepa
rate them at the moment when OF them John Dor
ringer fred pistol the contents of which entered the
abdomen of Luther. The man who struggling with
Dorringer is named Simon Lpp Both men are now in
prison.
Bain dDrimont, son of the distinguished Dutch Gene
raj of that name, died on the Oath nst at the French
hospital, in this city. He came to California several
years snce with the hope of lettering his fortunes his
father having died leaving him in poverty Being unable
to speak English and having but limited circle Of &C
quaintances and little business capacity he was unsuc
cessfu and finally much reduced to become
charity inmate of the above institution, where he died Of
hary H.rton xyhn had To~o ,o-I.r ~,n
employment, and the Rev. Able Bave, extended to him
the last earthly NJ A. Gaudonniere pronounced
few appropriate words over the body prior to its
miiment to the grave
The Grand Jury OF San Diego county was in session last
week, and requiring the attendance of NJ Manassee
Iraete before them witness, tho Sheriff was dcs
patched for him Manassee at the time in the syna
gogue it being the Day Of Atonement He refused to
come An attachment was issued and the contumacious
Jew brought by force and against the opposition of his
fellow wOrshppers. Manassee when before the Grand
Jury refused to answer and he committed prison.
similar case occurred in this city few weeks ago,
when fine Of $3.50 was imposed on the absent juror,
which he has since paid.
The overland mail from ST. Louis with dates to October
hour
live chimney sweep has made his appearance in our
streets and with his ebony cOuntenance appliances
the trade bag of SCOT and peculiar cry attracts much
tenton II is not likely the business will be very lively
but the prospects that the business in the line
| support one Of the craft.
| dennis Dunn, Sheriff of Tehama county, committed
suicide the 26th inst by jumping overheard from the
steamer Sam soue when within a few miles of CoIusa
Dunn was deranged ct the time he was native of st.
Catherine Canada West and aged about twenty nine
APPOINTMENT OF UNITED STATES SENATOR.
Governor Weller has appointed Il. ?. Haun, of Yuba
caused by the death of Mr.. Frederick. The new ap-
pontee has held several important offices in California
ae mas pee ss Judge of four and occupied
enjoys in Marysve his place of residence the rcpua
ton of an honorable and upright gentleman In 1867 he
was q candidate before the Democratic State Conven-
ton for Governor, and has maintained position Of consi
derabe influence in the northern part Of the State the
ue Hensey President Of the California steam Sa Sa
on Company, would receive the appointment and conse-
quently the announcement of Judge Haun being the
lection Of the Governor has taken the public surprise
The fact h;N he has not been prominent politician Is
in his favor. The people dissatisfied with Gwin
and who win operate as q check on him, gives general
satisfaction. Judge Haun leaves here by the Of
November 5.
RIGHTS OF MAHoMEDASs AS WITNESSES
We have statute in California which disquaifcs ne.
groes Indians and Chinese from giving testimony in our
courts cases where the rights OF white men are in anv
way involved. About year since murder was com
med in Stockton for which Jacob Eyea was tried
found guilty, and sentenced to be hung. An appeal was
taken to our court Of last resort from the Judgment
the ground that one Martin, native Of Turkey, and
Mahomedan, was allowed to testify against the prisoner
statute excluding Indians &c. from the witness box was
disposed ofby the Supreme Court in the following Ian
guage:-
i claimed that Martin incompetent under the pro-
hying either for against white person objection TO
his competency upon his fact that be ia
native OF Turkey and wss born OF Turkish parents 1t
cumben the party alleging disability Of this character
TO prove by clear and indubitable eveence This
color cannot be relied nfabe test of competency
s &C.
particular which the witness belongs If negro
should offer TO be he could be rejected upon the
evidence Of his color So with Indian and with persons
Of mixed blood who obviously within the rule OF
sion But the color fact to be received in evidence
tending establish the conclusion Of competency ncom
and alone i sufficient for thst purpose nothing
further required The subjects embraced In the decision OF
this Court In the Of the People Hall CAL $780,
be regarc I'd juic1n but that all
ha sng skins and dark compilations within
the prn :ple OF that decision The statute ITSELF after dcar
ing that black nlnat.o person. Indian ha give ev
dence &c provides that persons having eighth of
negro blood shall be deemed and persons having
bali Of Indian blood shall be deemed Indians thus render
ing impossible the adoption Of rule Of exclusion upon the
bss Of color We have in this the additional facts
OF the birthplace and parentage Of the witness But these
mstera at all are rather against than for the
degree Of several dpct types the human the
largely pedominates and constitutes the contro
ing element
The Judgment Of the District Court is affirmed, and
day ordered to be fixed which Elyra suffer death.
grizzly bear, weighing about 800 pounds, killed