Mountain Democrat. [volume] (Placerville, El Dorado Co., Cal.) 1854-1860, 1860-07-14
JUDGE TERRY's TRIAL-THE REAL
DELINQUENT.


The independent ~ press has almost gone
into commissions, over the recent acquttal Of
Judge Terry. Without exception, the mem
berS Of that interesting corps have heretofore
declared that they never expected he would be
convicted or punished for the killing of Mr.
Brodcrick in duel but their present out
cries have reference solely to the style of the
acIuittal. Without dwelling upon thc com.
the thing is 10 be done,
"Wh'n lis done. then 'tNrrc wr
]; were done quickly
We viii briefly glance ut the surroundings Of
the occasion Of the trial. to ascertain who can,
if anybody, be properly c,nSurcd for the con
duct and result, of the affair. 1t is alleged by
the lying correspondents and reporters Of the
independents ~ that the Court assembled at
an earlier hour @ o'clock \. M,) than usual -
that the District Attorney did not pursue the
strictly legal course to obtain a continuance,
and that the Iud e failed to exercise the cX.
trcmc>t power Of his office 10 convict Judge
ferry. And the beauty Of it is, that all these
defects are traced directly to one cause, viz !.
that all the parties to tie transaction were
good Democrats. In opposition to the rcryrr.
sionS Of partisan iua!irr, we will array the in.
1iSru'abc facts ia the iiciniScs, derived from
reliable sources, The district Court in Marin
county, if rot always, at least generally, CON
vrnr> at hj",. u'rlo,n :. Vi. Ii >a,c,rvd tnat
thY witnesses for the prosecution wrr. s,h-
rcnacl to appear at ten O'Clock \. Vi. We
know not the truth or f,l>ity Of this statement
lftrne, the nj>t'i;, Attorney justly co",nd,d
that the Court would hardly be fully ready to
attend tn hu>ihc.s, hrlrr, that hour II >crms,
however, that the Coat IVES ready >"ri"w What
earl r The case # Jd'I,c Terry was called
Mt ",,c" Tnr.'uy v,1'iu'y cmlann,.lca, ami
w.7cn tnc wrturvSrs mn nrt11tt IT ~trtv'Nrrr
called, it wa, III, discovered that ;|"y were
absent The nj>ui:t Attorney, it is true, hy
s,r,tthiu: his~fn",rirn'r, might have made
"a, ucrr,.1ry lreal a''ila'i, fr acoUtinuaurc
Bat it must liz remembered that the case was
on" vii h I'D not aii>r within lis own oil
ca lui>dlrti IN, Nut was transferred iom san
Francisco, f,r which tran>Irlcnrc lac WAS not
at al, r., Responsible. Ii Wa one AIS ii a pcJn
liar ehHFatter in-tht- rr"-senti-a4i- which lis
Svmpathics rs M individual m;.ht we'll hr en-.
listed for the 'l,icndpnt, FHrth'r, it was one
in which be- may have adopted the gen, ri,
opinion, that Nc important c0T,C ~ ucVS '5u'i
r'Suc from a prosecution Of it, Neither did
he know. Of his own kNcW'r''ct, that Il" Wit
ucssrs CIR the State were not myths ia>t,alot
men Under these Gil ,ums;a"rcS, he ca0rn,
be firly blamed for failing TO make the tech.
Mica, ard definite at|iia,its requisite to FRO.
cure c'n,inraurr. In N10or tlti>, IL Sat
:" the Court that lis wjtucsS,> wee al>,l,'.
AMI ASKED short delay ayc,jn- tAa, lac lu'l
used nil proper IA, a;js to obtain their attend.
aucN. The Count. Lu"wi's the anxiety Of
,,iitors Jurors, a'i witnesses to arr,ri'iA,
the Lu in,,o which withdraw, ,h,mi.o,u th,i,
daily pursuits, All S'v,ru,i : IL, ,..,ur 70
>iicra'i"n> wli,h ", i.l', j .'l,..l iuaY hay
,lui,aH'y ioiIuri,"! t. District Attorney
gait. ! him u;,Ii. - o't,',h, NM Tie Wit
ntsscs not tri'g lrcsN,t&"hoA yur, tie a>r
at Ii, instance e ;hc "c,,"sr! FIR tly l.i.>b
! ant, in thc Legitimate execution If H., l.,y
! was given to II" jury, and the vr,,..,; VA,
such as the sin ,uar STATE uf facts c"mpi, t-lN
justified, 1t subsequently TRANSFERRED, that IN,
WITH, ,erS for the prosecution, instead vt actin!
T. with due prudence ma proccc ling - san l.,
facl-thc place Of trial-ty the only r, ru'a
conveyance from san Francisco to The village
f Uhc daily boat 20 p,taluma ON the day pre-
viouS To the trial. deferred thcir departure from
San Francisco, until o'clock A. VI Of the dn,
when their presence in Marin county was o
so much importance to tic State. IN Iuis
r Tcry'o case. Then, Instead Of calling int
rrqui>ition some c,ytoin means Of CONVEYANCE
they embarked on tho Yacht H,>'kw an,
trusted to the wind and waves to carry then
4 to their destination in season. The provrrha
iirhlcncSS " these clements was thorough,
= illustrated on the occasion, and the passenger
by the Restless did not reach San Rafael unit
, about one o'clock r. Nj, "f the day Zig with tn
fate of Terry. Whether the witnesses fo
State da'iicd in San Francisco, tempted hy tn
aliurcmCntS of personal interests, or whcthc
, they had other gael aa| sqIStt.tn,l yfison
. for their diatnrinc>S, and the dol. ing of thci
proper responsibilities; is not set forth bv tn
/, vcraci"uS and conscientious correspondent
: and reporters, to whom we alu,lcdin the outset
, On either hand, we submit it to candid rub
lie to decide who it is, or was, rightly ccn>ur
, able for the character and conclusion Of judy
| Terry trial the Court, the District Attorney
or the witnesses for the Prosecution: Eth
decision hc ~ it must BE-, against the las
named parties, then we assert them all to b.
+ "dvcd in the wool Back Republicans. an,
: demand the rctractiun ofthe vile SANDER hrapc,
by Black Republican sheets upon Democrat
t and the Democratic party, because of the de
reelection of their own con(rlcratcS, in the mat
, ter Of Judge Trrry'> trial
+ !. O. q, Eat a regular meeting Of let,
, Encampmcnt, No. j. 10 q. F., held TucSda,
evening, July 10th, the following Officer.
were duty installed. by d. u. &. r., T.. e.
, Springer, assisted by p. &. p NJ. X. Shcarc,
and +. {. p. +. {. CoiInan, viz: Wellington
Larncd, {. r.; I. ElkuS, H. p, j. Middle
ton, :. W.; John \. Moch, s, l.. Tanner
wald, T.. $. Lemon. J. W.
, Alta regular meeting OF Morning Star Lodge
, No 20. held on the evening Of the 30th ult
the following gentlemen were elected officers
, VIM. ii. Clark, " Co. -; " r.. philline v G.