The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-03-25
The Suit Against Member Of the San Fran
cisco Vigilance Committee.
COURT OF COMMON FLEA
Before Judge palv.
1rsrlnnNr los rIr p1- Alx1Irr coxnyrrn.


TESTIMONY THE PLAINTIFF CONTINUED
MARCH 24.-.N0lon.y Dolcs.-At the opening OF the
Mr. oConor moved to strike the questions and
admitted yesterday with reference to the plain
lifts book The Court granted the motion
questions answers to appear the record Mr. Cat
sing excepting
The cros examination Of the plaintiff was continued by
NJ. 0Conor lollows:-The John L. stephens had
rous classes of passengers with various accommodations
(Nr Cutting excepted TO this matter irrelevalt)
cuped the quarters Of first class passengers and enjoyed
their customary privileges and accommodations; ! saw
Mr.. Nuigan court who in San Francisco during
year 1885, he not ia California when left tn
l know of l knew Yankee sullivan in san Francisco;
en not gee either Aulgan or Sullivan in the Committee
ICONS.
O. Did you see the published verdict Of the Coroners
jury which sat the body Of Jeukns2 allowed, Sir
Cutting eXceptspg) A. do not know did not, IL
NJ so long ago; am 10 me htot OF reading the pa
pers 90 not recol,ec, anything more as to whether
habit OF reaing the Star. (Mr Cutting objected
ana excepted question 10 whether had read
Abe papers within day aler the CofoneTs Jury sat
On the body OF Jenkps). cannot rscohecs whether
rad the papers cay after the inquest
(ar. Cutting exceptei) cannot name any ore who was
O. Look at that paper (san Franciso R.ya,I aud state
whether you saw, about the ume o. Jenkins execution,
any statement in any ne Tspaper ike thar Mr. Cuttu.
sxcep,ed.) A. may may not; do not recoect
distinctly than have said have no recollection.
@ 10 you mean % say tia. You saw crowd OF people
next morning You saw hin hanging that you have
rasaer impression that you were pres ent aud tsst
ned al the Cocners inquest, aud you have present
collection whether or not you saw any p1cihei state
Of the result OF that inquest about timss
(Mr. Cutting excepted, bit the question ADMITTEDLY
A. say that have rccoleciion ! may have
it may not; the probability s that may ont
don't recolect the paper was accustomed to read
daily paper.
O. LOOK at that paper and whether you in any
San Francisco about the time Of thai execution,
any statement bearing resemblance % that ar Cutting
yespf tod a he nr0lt is
Mr. 0Conor here offered TO read the newspaper state
rcns and the Court after examining it, decided that the
copied
Mr. Cutting wanted first to ask the witness question
before the paper was read.
Mr. OConor objected but ac1uescei il the ruling
Court 10 admit Mr.. Cuttings qlestoD
q. (oy Mr. CutDg) Have you any presen, recollection
a having or read, a. the tme Of It's publication,
article In tbe last exhibited 70 you either
DAY Of lis publication or within fortnight afterwsrdsS
The Court ruled this question out Mr. Cutting septng
q. When you shown the article passage in the
hast mentioned paper and inquired Of concerning The same
as part Of your you stated she prob ability is
that have' what do you mean by the word probability
usecy
Mr. oConor objected, and the question ruled out
Mr. Cult ng excepting.
Mr. o'Conor then read from the San Francisco Herald
Of Jauury a. 1851 series OF resolutions just shown the
the Vigilance Committee of that year, which assumed
behalf of the members OF the committee VINO signed their
the responsibility Of hanging jenkins. Mr. no
foDey's name was not in the list.
Mr.. Cutting excepted 70 the reading and moved 10
strike the paper out, which being Denied he excepted
Mr.. 0Conor then read the first PAGER shown the wit
ne,s being the verdict of the Coroners Jury duplicating
certain members Of the committee of 1851 in causng the
death Of jenkins. Mr. Cutting excepted.
Direct examination resumed by Mr.. C1tt.g-I first
knew Jenkins arrested and threatened I'VE ten
minutes before saw the crowd; was AT the hotel
went out with d. C. BrodeTicS; that the frs, ever
heard OF this matter of Jenkins were accompanied By
otbers--a general rush; heard Broderck ask if there
were officers 70 rescue the men; think some at
temp. made to rescue them without succ9s;
the mob about hundred and CITY Two hundred
persons there said to be the headquarters of
ameetrg Of chz rs, who forming for police and pa
troi duty IN aid Of the authorities, az understood
the svowei objects; had other kno Wedge OF It's OBJ
Jeot al that tme went to the room and signed the roll
for those objects; this shortly after jenkins
hanged; did police patrol and volunteer duty there
were srrests made; demonstrated against taking
prisoners 70 the rooms instead OF the county jail there
forty or ny persona and after discussions as To the
objects and aims os the toe said Gallagher should
De Delivered 10 the Authorities and the majority decided
80 to DO and VI Turner delivered him; this the
only arrest OF which had personal kno Wedge knew
nat stewart was IN the hanA Of the Committee and that
toey were keepng MIN for Information as 10 the other
parties and that they Intended hand % over 10 the
authorities Of Marysvle; took charge OF hlu a. ny
house day or two, Until those authorities should arrye
the Executive Committee sad they vantei him AZ their
rooms, next the Oriental Bdildng wen. with HIM and
raw BIN there, ana that was me last I saw OF him
O. When vas TIE drs, ~, you hal any iea That tbv
going 20 hang JenkiGf A. Ny best imoressop 4
that was out at place called Washwonans Bay: Capt;
Fulsom along and told me that the CDmmttss .d
determined 10 hang Stewart; will correct that rode
with Fulsom and he then told me; had part or
Tho Court took recess after which Mr. Cli,ngs
examination Of the painti was continued, as follows
Nj Turner stated 20 the Governor that he had heard and
heleved that the Committee had determined 10
Whitaker and Mckenzie that was the only source OF my
'norinatCp In regard 10 that tho Governor thak then
sai1 he would to Issue bis proclamatou he taxed
WIN me ABOUT i; was OIL ,er under HIM at that ials.
tNr Conor objectet. and Mr.. eating excepted 70
exclusion OF tine q1esion) heard tne next morning that
tne e,veEnof and stan nal taken WhuIer aud Mckenzie
70 the county jail; went y, the Comnttse
@oms tiere was large attendance OF mem
tersi olscosa aroEs as 70 the rescue Of Whit
ta<er and Mckenzie by the Governor aud stah.
~ We meeting advocated TIE folly Of sch an attempt
te bvojec was dropped ana referred 70 the Evecu.vs
Comm, Tee, to which aid belong; never knew wat
was don y next heard OF 1m he day tley wee cxo-
sutss W. Nen 10 the ho;e heard men the say
see Tm zee mad taken the from the ia ara tas.o
me- 10 toer roome tas WAS the rsi xnsr Of tho res
re- eyed Inc ciscussion n tie f05ls, t1e rext ting
vas 10 ne, hape ny; EFF The Com 1se or ce.ses
A. ne, win mem sier became sat seed Toy wersno.
carving out--sar OUon7r onIected0 a. raes.1g Of
sne consase 70 Bee NoetIr they S2l@ crg ozs zoe IL