Randolph County journal. [volume] (Winchester, Randolph County, Ind.) 1855-1862, 1860-08-16

from The sln Franrlsco Bulletin. July II.
Triai and scqnirtaI OF Judge

From the San Francisco Bulletin. July II.
Friai and scquirfaI OF Judge
Terry.
Is we have before stated. Judge
Terry trial was fixed TO come of be-
fore the District Court at San Fran
cisco. Judge lIanly presiding. on Fri
day. The following witnesses re-
eeiyel subpUnas to be present and les-
tiiy at the trial. VIZ: Chief Burke.
Capt. !. lees. Coroner McNully. Df.
Holman, I.eonidas Haskell. Henry
trltz and James w. Stillman. f
These witnesses. accompanied by
Alexander Campbell. assistant Dir
hlc, Attorney ior this County. started
for San Leandro on Friday morning,
IN yacht Restless. about : o'clock.-
The subpenas were returnable at 10
O'Clock. AMI a the trip usually occu-
pies about two honrs. the witnesses
savthcy expected 10 get there in ample
time. But the Restless was becalmed
IN the bay. and II was near II o'clock
before her passengers reached San
Rafael.
At 9 o'clock precisely. according to
the time OF the officers of Court at san
Rafael, which was in advance of the
watches of the people generally, Judge
Hardy opened the Cont. Terry's case
was Immediately called. lie was
ready with his counsel. Messrs IIoge
and Crittenden. and his witnesses.
who had gone over the day before in
steamer. The Court then proceeded
to einpsnnel jury with great haste.
Out OF fifteen men. twelve Jurors were
selected. the defense having challenged
three peremptorily.
The prosecution was conducted by
Mr.. HarolSon, District Attorney for
that District. He did not ask any of
the jurors a single question, or make
any objections TO their being sworn
in as they were called. The panel was
therefore completed in few minutes.
The following are the names of
those who served as jurymen:-
Gilbert Leonard. Grenada King, Ja-
cob Short. Jonathan Breckerstaff,
Matthias Blowers, James Olcott. Par
lIer y. Coard. Solomon lIeles, James
Il. Stafford, Charles LauT, BENJAMIN
Miller and Hiram j. Knott.
When the last jur,r had been sworn
in, the Judge directed that the case
should be proceeded with. The Dis
trict Attorney stated that no witnesses
for the State were present, and asked
for a short delay. to give them time
to arriye--Judge Hardy refused to
grant anydelay. The District Attorney
then submitted the case to the jury
that. in the absence of proof, they
must bring in verdict of not guilty.
The jury Immediately returned
verdict of Not Guilty" which was
recorded, and Judge Terry was dis
charged from custody. All this was
done in less than an hour--or few
minutes before 10 o'clock, as we learn
from respectable witnessrs on the spot.
A little before II o'clock the States
witnesses reached San Rafael, day
after the welding" They found Judge
Terry anl his friends in high glee at
his easy acqniitsl-Some OF the Jury
men were "steaming up considerably,
at the bars. One, who had served his
country in rendering the verdict. ex-
claimed with filthy oaths. that he never
could have been made to find man
guilty who had only killed his enemy
in duel Most oil the jury seemed
20 be anything else but members Of
the Peace or Dashaway society.
Terry has spent seven or eight days
at San Rafael. keeping open house.
and making popularity with the 'boys'
who sat on his jury. 10y n liberal
expenditure Of drinks and aaitery.-
On the Fourth of July he delivered
short speech to his friends" In
short, he has been the greatest "ion" in
the neighborhood OF the penitentisry
FOR long time.
The witnesses who went over in the
Restless were prepared 10 prove the
fact that Terry killed Broderitk in the
duel. so conc!usively that nothing but
positive perjury on the part ofthe jury
could have prevented them finding
him guilty under the stat te 1t was
a lucky trick. then. to get him of
without any proof being taken
TeTy's lawyers were going TO try
to make it appear that the doctors
killed Broderick by giving him chlo-
ioiorm. 4 "snap judgment" served
them better.