The Placer herald., 1861-07-13
The Horac e Smith Case.

having been postponed from the MAY term
for the purpose of enabling the prosecution
to obtain additional testimony. All of the
first day was consumed in empanelng a
jury-a panel of ninety jurors being return
ed, more than half of which was exhausted
in obtaining jury satisfactory to counsel.
Court, there were many citizens and strang-
ers present, -tesifyiug the sympathy, felt
for Mr. Smith, and the curiosity excited by
the publicity of the case. Tuesday, Wed
nesday, and the greater part of Thursday
were consumed in tie examination of wit.
neSses. During the whole time notwith-
standing the extreme heat of the weather,
the Cour, House was filled with attentive
auditors, anxious to learn the legitimate ev,
idence of the case.
We have not attempted to take down the
testimony Of witnesses, as that has been
done by competent reporter; who, as
sworn officer of the Court, viii! make Il
complete and faithful record Of the same.
As the testimony was developed, it became
soon apparent to every listener, that the as
sauts of the San Francisco and Sacramento
presses against Mr. Smith had been of
character the most prejudiced, unfair, and
dishonorable. And when the testimony
closed all felt that there could be none 9th
er than a triumphant acqultal
The evidence being closed on Thursday
afternoon, the District Attorney, Mr.. Ilami-
ton spoke on the part of the prosecution;
lie was followed in the defence by Tod Rob
inson, n. Greene Curtiss. and Frank Here
ford, all of Sacramento. The cosin Q
speech for the prosecution was made by Mr..
Hamilton.
The speeches were all eloquent and able,
and have been the theme of general remark
and compliment And we will here remark,
of Mr.. Hamilton, that while he performed
his whole duty as the prosecuting officer,
and conducted his case ably and vigorously,
he did not prosecute His fficial course was
unexceptioi able; and while his cause did not
have the sympathy of his hearers, he had
their most unqualified praise for the earn.
estness with which he discharged his sworn
duty.
We cannot attempt to portray the speech,
es of the counsel for the defence. They
touched the sympathetic cords of every
heart adding, if such a thing we're possil
Die, to The conviction of all, that honor.
justice and reason were upon the side Of
the defence.
AT the close Of the arguments His Honor,
Judge Myres, deliver d his charge to the
jury, having previous y prepared it in writ
ten form, 1t will be found in another coli
umn. 1t will be atlentively read-and while
it may be said to have been very favorabeto
the defendant, vet il is entirely in conson-
ance with the law.
After receiving the charge and being in
care of an officer, the jury for moment
conferred together in the box, and ANNOUNCE
ed their readiness to return a verdict. At
the announcement thrill of pleasure ran
through the court room. The written YER
diet was on made out in the following
words: ''We the jury find the defendant not
guilty" The Court then dismissed the jury,
and ordered the discharge of the defendant.
and was adjourning the Court when the
rent up feelings Of the lar audience could
be no longer restrained. Three glad, heart.
felt, joyous cheers were given that shock the
Court House to It's foundation. Those
cheers told that Horace Smith was vindca
ted in law, vindcated in the hearts of the
community, and vindca,ed in the sentiment
that would shield the honor Of the wives and
daughters of California
The friends Ct Mr.. Smith pressed around
him with congratulations. Their hearts
were almost too full for words but the ner-
vous, friendly hands, spoke more eloqnentlv.
1t was a scene never to be forgotten.
All partook Of the feeling of eladness-
there were no EXCEPTIONS
How harmless hal the malignant shafts
of corrupt and vena press fallen How
immeasurably contemplate and despicable
at that moment did the Associated Press"
the assumed dictators Of public opinion in
California, seem. Their blood hound pur.
suit of the accused, at the trial hour, bore
not feathers weight. Honor justice, and
right prevailed against them
This trial has resulted, as every one at all
acquainted with the facts, knew that it
would. They knew that Mr. Smith had SIG