, 1860-08-07
CALIFORNIA AR1A1AS.
rha Rnrae ConeladeA-TdrIy Acs
Quilted



Ths Farss OonsladeA-Tez71 Ae-
quilted.
From ta& BAa F.anclseo Bal!stn.1
Al soon ~ thu bill removing Ierry = eaae from
passed by The Leeislsture, 10 felt morally Ger
fain that biz finaf aequittat had been arranged.
Whsteyer vas done sfser that, re knew would
be- merely GRO forusa; but that tho ex-(adge
stood in tho east danger from such proceedings,
W. did not believe fol N instant: NE did sup
poss, however, that for decencJ.a aake' snd to
break a. much as possible the force OF tho bad
ex4mpln Of the thing, she manner Of procuring
N ucquittu would have been such rs to show
seeming respect for tho judiciary OF the State
and tho cxtefnal attributes Of the law. Even
in this moderate expectation, however. We have
boon disappointed. Terry hss indeed procured
al acq aittsl; be bps been declared by Jary Of
In duel" But the manner IN which t1e thing
has been done ia eYen moro disgracef1l than
the thing itself, il this were possible. The
trial, in Marin county, before j. Il. Hardy, vas
expected to be nothing moro than farce- But
it has turned out eren broader, clutnsier, and
more disgusting prostitution OF the Judicial
functions Of the Government than anybody an
ticipa.ed. We though tho object was only to
acauit Terry, and that this would be done With
as little show of disregard for right and law IS
was compatible with the success Of that object.
But it seems the actors desired not only to &C.
quit Terry. but to bring the law, the Courts,
xud the Jury system into contempt and rldicule.
In this they have succeeded wonderfully:
Wherever the particulars Of TerrY's acqustta!
are told, California juries, judges and Laws will
be Hpurned and de1ided.
Under the law, as it stood when the duel was
fought and the crime committed, rerry's trial
was to be before the Court Of Sessions Of this
county, As it is we'll known, we hare in that
tribunal an impartial judge; man who does
not sympathize with dueliag, or other murders,
Aud who, therefore, would have meted out to
Terry, if tried before him; ne penalsles De;
nounced against his crime il the jury pronounced
him guilty. 1t did no: suit AeEry to be tried
before that Judge. As there was no other way
to effect an escape, the Legislature passed law
ordering transfer Of all such cases Us Terry's
from Court Of Sessions to District Courts. Tn"
der this er post fae!o statute, .he transfer was
made to the Fourth District Court. After this,
all was plain sailing. The judge Of Tho Fourth
District Court as not prejudiced dgatnsk Judge
Terry. He, therefore, offered no opposition
to the subsequent steps to procure his aequit-
a. a neighboriug judge wished short respite
from bis duties. The Legislature generously
grant him leave Of absence. A District Judge
from one Of the interior Districts is bosom
friend Of, and violent sympathiser with Terry.
lari,y Of tastes and opinions, and former l,oEit-
cal and personat connection, are all well known
throughout the State. This friendly Judge is
assigned the duty Of occupying temporarily The
seat Of his absent brother. Then an applica-
tion is made to transfer Terry's case to that
Court for trial. It was perfectly well under
stood that sending. Terry for trial, for killing
Billy Muliigan before Judge McGowan for as
saulting Vigilance man-yet Cur Fourth Dis
trict Judge, after little affected reluctance,
made the transfer to Marin county, where the
trial has just come Oft.
The crime Laving been committed near this
city, Us a matter Of course the circumstances
and facts were known only to people living here.
sent from San Francisco to Marin. Our District
Attorney, who had been engaged in the pEelim-
mary proceedings, and also prepared himself
for the trial. supposed that his services would
be Of value to the State in assisting to conduct
the prosecution. He therefore made an offer
to the District Attorney Of Marin to assist him;
but that officer WIS also Bympathizsr with
case was fixed for trial, and the Witnesses whose
names we're given to the prosecuting officer at
Marin were subFGned to appear.
These Witnesses vent over to San Rafael at
great Inconvenience, and the trial was contin-
ned for number Of days- When the day ap-
preached upon which the case was thus newly
fixed, the Witnesses received new 6ubpeoas,
which ordered them to be nt San Rafael at ten
o'clock on the morning of the 9Th July, which
WAS yesterday. Those witnesses started yes
terday morning at seven o'clock, By the only
conveyance at that hour for reaching San Ra-
Ell, sailing yacht. In ordinary weather the
passage can be made inside Of two hours. But
The boat was becalmed aud did not reach her
destination until after ten, and consequently
when they did get there they found that their
services were not needed.
At nine o'clock Judge Hardy opened court
an hour unusually early, We mag remark IN
passing, for courts to open in this Slate. Ter.
RVS case Vas called up and jury impau1elled.
No difficulty Was experienced in getting jurors,
for the simple reason that no examination what
ever was made as to their prtjudices or opin-
ions. The defence objected 10 one or two, be.
cause Of Irish names. OF reported vigilance
sentiments, but the prosecuting attorney, Dir
IIaralsor, objected to nobody nor asked any
questions which might have retarded the com.
pietlon Or embarrassed the SUCCESS Of the OBJ
ject in view.
When the jury was thus empannelled, the
States witnesses were cal1ed-b1 1t a. We have
said, they had not arrived. The boat cootain'
ing them was in the bay, in sight Of land, but
could not make the beech. With disgracelu
haste, and though be knew well that the States
witnesses would be there in au houc or two al
farthest, the district attorney. whose business
| it was to conduct the prosecution, let the case
course the ds.ence made no delay. aad the Is
tute Judge ordered the jury to find verdict
Of ncQuittal, which they did at once, and Terry
was discharged, before ten o'clock, the hour al
which the witnesses subpa2as were made re-
turuRble.
IL Nr, Haralson had done bis duty, he would
hare prevented the packing Of the jury with
frio yp{,f Ynfr
done. Most Of the jurym were known tc
sympathize With the criminal. One Of them
| was heard to declare, Immediately upon leari3p
| the boz after rendering hh verdict, "that hatc
id il he'd ever punish man for fighting 4
duel" and the others we're Of the same class
| Had the least examination been made OF tht
| !urymen, these sentiments would doubtless
| have come out, aud such men been kept out d
the jury box :
| Al aIy rate careful examination Of the jury
| men would hare consumed ut least three Of
four hours, By which time Mr. Ha1a1son wa:
we'll aware tha States witnesses would be or
hand. He took care, however, to consume nj
time. 1t was not for him to throw obstacles il
the way Of ferry's acquittal: So this mode
| who would "he d-d' before puniahiDg du
elist!
| 1t WAS again at the discretion Of Judge Har
| dy to delay the proceedings reasonable time
| lie knew very well that the States wineaseI
were nigh by, and would soon be present
Nothing else but the favoritism of the Judgs
can explain so diagEaceful departure from
duty. If the Witnesses had obeyed the subpm
mas to the letter, they would have got init
| court in time They we're commanded to b.
there at II o'clock. Before 10, Terry YVES &c
| quilted. 1t seems TO us, the Ssate's witnesse'
were not In legal default until at least /.
clock. Judge Hardy was there to administer
the Law; but he seema to have Winked at 1T
evasion.
In thus blaming, as VIC think justly, the off
to be understood as e1cusing the witnesses WIZ
were not Ut their posts. They should have 81
made their arrangements as to hare been Ger
tain Of getting there before Q O'Clock. Nothing
would have been easier. Instead oil Trusting Il
uncertain winds md tides they should hAr'
! gone over to San Rafael the day before ant
spent the night there. Had any one Of the geu
| tfeuen summoned made an appointment TO re
ceive a sum Of money exactly At 9 O'Clock o.
that morning, do you belieTe, reader. that: h
| would have started over nj seven IN The morn
| ing on . sailing craft! We do not He wonlt
| have txken the steamer The preceding alter
noon, and spent the night comfortably, as b
could hxve done, at San RafAel. In that Va:
his being there at the concerted moment woul'
| have been bey ynud accident The witnesses Ar
censurable for not taking ;he Same precautions
A Douglas Meeting.
l. correspondent Of ths illinois journal dc
srribes Douglas meeting held 1t Carlinv,lle
Macoupin county few days ago, thus:
But The banners and .sPeeches-nig9v-,1g
| 1n--n;o1e+-iope up in shapes enough to prov