The Placer herald. [volume] (Auburn, Placer County, Calif.) 1855-1991, 1861-10-05

bench next Monday will construe N. -.
very literally toward the defendant.
have no doubt but that this belief .....,..i
him many votes at the late election. ~:
opponent was known to be firmly S,s 80 us
an opposite ruling. There is a good mar.
gin tor the discretion OF the Cour, 10 -,
brate upon-in ordering judgmen. in c,.. .
jury should agree on a verdict of pultv~h.
can order Judgment from $5 up to $50
very lenent Judge and one disposed r..
haps to DO exactly right, would 6ne All A.
or $lO. notice one Or two fines in ST.
Francisco have been set down ut the I,,,".
figures. In that city, half dozen of ,bo..
first-cIass saloons could pay $50 and ths~
enjoy fine monopoly. But l am ae,,;na
ahead Of my text, and will travel back. I,
the said Police Court, to-day, the decision ~
the Supreme Court seems to have been y,u...
ed! The case Of w.. Cady, Zone o, rb.
four alluded TO above) was called in III.
venerable and digniied Court, and AFTER
fair and impartial trial by n jury of five. III.
defendant WAS acquitted! The saloon Of
Cady's is no more Or less than public A.,
loon, although it is the old and celebr.,sd,
bar room Of the Orleans Hotel-a nI,cs.
where more log rolling whisky has been in.
humanity sacrificed, than half dozen otber.
mommolh saloons added together. The un.
expected defeat Of the District ATTORNEY in
this suit, and another submitted to the Cour,
so discouraged the prosecution that ali
cases of similar kind on The al-ndar wara
at onre abandoned by the entering Of a noNs
prosequ'. The proceedings thus far leave tn.
Sunday Law and the violators of the sams
just where the prosecution commenced. Thu
~. ict by the jury of scquittal" was so un.
sj.ected, that The Prosecuting Attorney be-.
came demoraIized. The ruling of Judge
Barr was SO decidedly agains. the statute.
that no one will blame or censure for ,hs
course he pursued with the cases which were
to follow. The bar tender, who stood 10.
hind the counter and sold whisky all dav
was not permitted to testify to the fact that
he was employed by Cady, or that he deal,
out liquor, because he, the bartender, oo.
not on trial.
FIsKE GETTING INTO TROUBLE.
B. F. Hastings commenced suit yesterlayi
in the District Court, against T. S. Fiske,
for the recovery Of monies advanced on
check-$5O0O, less $l.45O,-in which tho
complainant charges fraud According to
this legal document, the state of the case
looks dark for Mr.. Fiske.
ANOTHER FAILURE.
The heavy liquor establishment of Burton
and Mc'Carty was closed to day by the Sher.
if-attachments amouniings:o over $40, 900
having been issued against the firm. The
principal creditors reside in San Francisco.
The failure is 3 heavy one, and created a
consi !erabe stir here among monied and
business men. The public have given this
House unlimited confidence, and the large
amount of its liabilities has given a general
surprise. Among the creditors notice tho
firm of Smith & HubbelI, of Pine Grove
for 5000; also j. Wilcoxson & Co., former.
~ of Placer are set down at $4,6l2.
IMPROVEMENTS IN THE CITY.
Notwithstanding the dull lines, and tho
failures of the last two weeks, our city 10
improving rapidly in the erection of brick
buildings on the sites which were formerly
covered by many il'shaped and aged wood
en- rookeries. Several of these improve.
ments are Indirectly attributable to incendl'
ares-lhe wooden tenenents destroyed by
them being replaced by brick.
MORE ANON.
re- Col. Francis S. Bolton, U. S. A.,
die at Brooklyn n Y, on the 18th nst-
at the ripe old are of 10 years-has been IN
L.: ahrut