The hydraulic press., 1859-05-14
THE MATTER EXPLAINED.

| Ed. Hydraulic Press: The communication
OF Law and Order" in your last issue
should be content to let pass with the thou
sand Misrepresentation and misapprehen-
sions to which public officer must expect to
be subjected, but for your remark that che
1.-THE writer) states some things which re-
quire explanation" The facts in relation to
the case of Coffin are simply thesei Some
time in the early part of March, Coffin was
brought to our county Jail by Mr.. Hoffman
and Mr. Whittier and delivered into the cus-
porting to have been made out by justice
OF Yuba county. l told those gentlemen
that the commitment by justice of another
county was not legally sufficient, but that
did not deem it necessary to send for the
witnesses and bring them to Nevada, as the
grand jury would be in session in a few
weeks, and if in the mean time Coffin should
make an effort to be released, was sure the
judge would not discharge him before giving
me an opportunity to send for the witnesses
AS the terms of the court of sessions closed
at that time the grand jury would have been
in session in the early part of April. Before
the first Monday in April arrived however,
the Legislature passed special act changing
the terms of the court of sessions in this
, county from April to May The Court met
under tbp now nct on tho fret
month, and issued a yenire for grand jury
returnable on the 9th instant, the day when
Mr.. Belden will enter upon his official duties
as county judge. But for the act of the leg
islaturc the case of Coffin would necessarily
have been disposed of long ago Coffin has
been confined in Jail awaiting the meeting of
the grand jury up to last Tuesday, when a
lawyer who l believe attended his examina-
ton in Yuba county, appeared here with
Judge Buckner and applied to the county
judge for writ of habeaS corpus. The sher-
if could show no legal authority for detain-
ing Coffin except the commitment from the
justice in Yuba county, and that not being
sufficient, Coffin was discharged. happened
to be out of the way just at the hour when
the hearing took place. Fully persuaded
however of Coffin's guilt, as soon as as
certained the fact that he was at large,
went before John Anderson, a justice of the
peace at this place. and made an affidavit
myself, upon which warrant issued and
Coffin was Immediately re-arrested Coffn's
counsel then demanded as a right an irnme-
diate examination; urging as an additional
reason the long confinement he had under
gone without legal authority TO obtain an
adjournment of the case made an affidavit
that could not safely proceed to the exam
ination ON account of the absence of the
witnesses. The justice upon this showing
granted an adjournment for the largest time
permitted by law, viz: for two days This
was on Tuesday evening about o'clock A
subpoena for the witnesses was Immediately
placed in the hands of Mr. Lenhart, Deputy
Sheriff, who made the arrest On Thursday
morning Mr.. Holman and Mr.. Dirricksen, two
of the witnesses, made their appearance here
and after ascertaining from them what they
could prove, | told them that it was useless
to go on with the examination unless having
other more important witnesses, particularly
Mr.. Whittier. The San Juan stage does not
arrive here until late in the afternoon, and |
was in hopes that it would bring other wit
nesses. On the arrival of the stage ascer-
tained that none of them came. 1t brought
back however the subpoena with the officer
were found except Holman and Dirrcksen
Ny power was exhausted in the matter /
could not 90 to an examination, and Coffin's
counsel had right to demand hearing or
his discharge. The sheriff could hold him
no longer and therefore he was set at fiber
ty. 1t is not my purpose TO argue the ques-
ton as to whether did my duty in the case,
hare simply stated the facts that others
may draw their own conclusions. claw and
Order' speaks of the district and county
court and variety of things which he does
not seem to understand, but as they have NO
bearing so far as l am concerned, need not
notice them further than to say that Coffin
was never indicted, as no grand jury has
been in session since his arrest; and had he
been indicted his trial would have been in
neither of the courts named by him, but in
the court of sessions.
WM F. ANDERSON,
District AHorney.
NEVADA, May 7th, 1859.
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