The weekly union record., 1865-12-23
LOCAL NEWS.
THE 5000 Arrsops1Ar,oy-At a recent

THE 5000 APPRoPRIATIoS.-At a recent
meeting Of the Board Of Supervisors of this
county, an appropriation of the sum Of $500
was made to secure the services of al attorney
to assist District Attorney Rosenbauu 10 the
prosecution Of the case of The People vs. Jacob
Smith, who vas Indicted by the Grand Jury,
at its last session, for murder, for the shooting
aud killing VIM. Hastings, one CT the members
Of the aforesaid Board. In view of the facts
that the deceased, Mr.. Hastings, previous 10
his sudden aud terrible death, was an active
member of the Board, had long been a peace
able, quiet, upright citizen and taxpayer of the
county, and no relatives in the State, and that
said defendant, Smith, bad employed two dis
,inguished attorneys, james Coffroth, of Sac
ramenio, aud j. L. n Lewis, of this place, the
remaining members of the Board, in their
judgment, thought it proper and necessary to
make the 5000 appropriation, and secure
assistance ia the prosecution. Under such
circumstances, we think the action of the
Board fully justifabe, and we imagine the
mass of the taxpayers Of Butte will heartily
approve of the same. This action of the Board
terribly excited the ''risibles" of the editor of
the Chico Courant, who denounced it as an
unprecedented piece Of extravagauce; that the
Board WAS wilfully putting their hands INTO
the public treasury and gtuing array 5000"
just for a spread" An article in the
REcoRD signed Justice" replied that such
appropriations had heretofore been the Gus
TOM, to which the Courant-we give the
editor the benefit of his full argument-comes
back at Justice in the following style:
Nv hen Justice comes to TIE task of white
washing the Board Of Supervisors in putting
their hands into the public treasury and giving
away 5000 that some attorney may get a fat
take, he manfests a lameness, and leaves the
matter great deal worse than be found it,
He puts in plea of custom, and asks US if we
are not cognizaut of said custom No, sir,
never heard of such custom before. We
would like TO have the instance produced of a
Court assuming the responsibility of appointing
an assistant District Attorney to help prosecute
each poor devil that falls into the clutches of
the law. Why, it would be an Insult to the
District Attorneys much "a to say 'Tte
Court has an idea that the District Attorney
lacks the sense or legal ability TO conduct the
county business = We don't believe Judge
Sexton would saddle the county with 5000
extra expense ln the case referred to. 1t costs
the county enough any way to convict its
criminals, hout any Extra fees. If the Dis
lrct Attorney is 2ot qualified to coudnct the
criminal prosecutions OF the county, let him
resign, aud let the Board appoint somebody
who is competent Ii he IS competent, thea
we say that the Supervisors have given away
$500 Of the peoples money just TO make
spread. Take which horn of he dilemma you
choose. The taxpayers of the county are
interested in this matter"
1t appears little strange that the expert
cnced editor Of the Courant could display SO
much ignorance on this subject, and particu
larry so as be has his ''shnge out" as prac-
ticng attorney. He never heard of such a
custom he would like to have the instance
produced of a Court assuming the responsibility
of appointing an assistant District Attorney
etc. For the enlightenment of the editor and
attorney, We give the following instances In
1858, when p. II. Harris was District Attor-
hey, w. IL. Rhodes was appointed by the
Court TO assist in the prosecution OF John
Keenan, charged with murder. In 1860, when
f. NJ Smith was District Attorney, J. f. \.
Lewis and l.. c. Granger were appointed by
the Board OF Supervisors to assist in the pros
ecutious in the cases of The People vs.. Latimore
and The People vs.. jenkins ct al. In 1862.
when John S, Berry was District Attorney,
S. Rosenbaum was appointed by the Court 10
assist in the prosecution Of Jacob Greer.
paid for by the county. There are doubtless
others but these We recollect. Section 364,
Criminal Practice Ac', provides that. in cases
punishable with death. two counsels may argue
on each side. while in all other crimes the
District Attorney shall open and close. This
shows that the Legislature intended that, IN
such cases. there should be two counsel<. As
TO the ability Of the present District Attorney
10 conduct criminal prosecutions. 1t is generally
Acknowledged that be has had 70 superors
elected TO that position in Butte county. As
it has been customary, heretofore, for the Court
or Board to appoint assistance for the District
Attorneys in cases punishable with death. why
not do likewise in the present case. where two
able attorneys are employed against the People
The mob to attorney Bishops strong opposi
iou TO the action OF the Board. We cannot
exactly fathom. without, perhaps, it might
have be.su the desire OF certain attorney in
the vicinity of the metropolis to get said
appropriation o. $500, that he might thereby
be necessarily required to spread himself 90
such an important eccasials~>
DrsrSlcr CouRr; Hon. W. I. Sexton, presl.
ding .-Larkin vs.. HeUshaw ct al, defendants