Daily national Democrat., 1860-07-08
Acquittal of Judge Terry.

On Friday, at San Rafeal, Judge Terry
indicted for killing Hon. D. c. Broderial, in
duel, was acquitted. Judging from n dis.
patch to the Union, the whole affair was
mere farce-no trial at all. In forming the
jury, some were objected to on the ground tba,
they were sympathsers with the Vigilance
Committee The Judge held that this wa,
not valid objection. The District ATTORNEY
however said that he would excuse those
men from serving. The Unions dispatch
says:
The jurors who were accepted were not
asked single question as to whether thew
mad formed an opinion in the case thew were
about to try. The counsel for the defense
accepted them without question. and the
District Attorney seemed to be only too han.
ny to accept any one and anything which
suited the defense.
Ihe jury was formed and sworn in within
an hour, when the Court directed the District
Attorney to open the prosecution.
The District Attorney then read the law
applicable to the case, and then called upon
Leonldas Haskell to take the stand, but Leon.
ldas Haskell was not forthcoming.
Inc Sheriff was then directed to call his
witnesses at the door, when the names of
Haskell. Joseph G. KcKibLen and others
were called, but no answers to the calls were
given.
The Court then desired to know Of tbe
D'sUrlct Attorney what he would do with his
case wneh that officer stated that he had
uo"e all IN his power to have his witnesses
present, ana he understood that they were
lo" HVtle oelow town, on their way to the
CouIt out as he was not desirous of detaip
lS tne court, he was willing the defendant
should have all the benefit of their absence
mediately. -'-
TO this, Judge Hardy remarked that tbo
witnesses were not subpenaed to be present
until ten o'clock, and it still lacked Ave min.
utes OF ten, he would wait until the hour had
arrived ''''0
within about five minutes, Joseph P. Hoge
Court ift was not then ten o'clock
Judge Hardy replied that it was.
Mr. Hoge then said that if the prosecution
had no testimony to offer. he sbould move
that verdict be rendered Immediately.
District Attorney Haralson said that rs lo
had exhausted all the power of the State TO
1870 iN'N anu as lUcN were
not there, he should not object to the motion
OF the attorney for the defense.
Judge Hardy then charged the jury that.
under the statute, where no testimony was
offered on behalf Of the prosecution, it became
his duty to instruct them to bring in verdict
OF not guilty and this verdict they could
bring in without leaving their seats.
Accordingly, the jury Immediately brought
in a verdict Of mot guilty"
Your reporter deems it proper to state in
this connection that when the verdict was
rendered it still lacked "twenty two" minutes
of ten O'Clock, by the watch of Mr. J. Mem
Shafter
The yacht Restless shortly afterwards ar
rived bringing the witnesses on the part Of
the prosecution, viz: Leonidas Haskell, Chief
Burke, Captain Lees, Coroner McNultv and |
others, and your reporter saw the time of
Mr.. Skaters watch compared with that of
all these gentlemen, and Mr. Skaters time
was about two minutes faster than any of the |
others. Chief Burke, Captain Lees aud Cor
'nor McNulty said their time was true and |
correct according to the meridian at San
francisco.