Weekly Trinity journal., 1871-03-11
TRIAL OF SHERIFF JACKSON.

The San Francisco dailies, of March 4th, give
details of the trial of our Sheriff. We take the
following account from the Chronicle, deeming
it to be the best
The case of the United States u.s. John Jack
son, Sheriff of Trinity county, charged with col
lecting State tax against foreign miners, in vi
olation of the Act of Congress, was again called
yesterday afternoon in the United States Circuit
Court, before Judge Sawyer.
THE DEMURRER,
which had been argued the day previous, recited
| that the charges were insufficient to constitute
cause of action, and that the defendant was not,
| under the law bound to answer them that
more than one offense was charged, and that the
acts thus charged do not constitute public Of
| fense, nor is such ofense specified or defined in
the statutes That under the act of Congress,
approved May 81, 1870, entitled &" An act to en-
force the rights of citizens ETC., the offenses
| charged are not criminal that the very alega-
tions in the indictment constitute legal justi6-
cation of the offense, and that the tax enacted
| was in accordance with the provisions of laws
of the State of California.
ovERRULED.
| In the morning. Judge Sawyer overruled the
demurrer, rendering verbal decision TO the ef-
feet that the indictment was sufficiently explicit,
and that the Circuit Court had jurisdiction in
the matter.
The defendant pleaded "not guilty. to the
charge, and the task of impannelng jury was
! begun.
| State Attorney General 10 Hamilton desired
that the peremptory challenges be reserved until
after all the jurors had been examined as to
cause, as is the practice of the State Courts, but
His Honor said that the practice in this Court
| compelled the use of the peremptory challenge
as each juror was examined. Counsel excepted
to the ruling.
The following jurymen were at last sworn in
E. T. Giles, W. r. Garratt, Henry L. Lewis, Geo.
j. Harris, Samuel Newell, Enoch Bidleman J.
f. Castle, Joseph Winterburn, E. P. Gray, 5. B.
Hinckley and John H. Redington. Nearly all
these jurors happened to be old residents, al
most every one pleading guilty to having lived
in California for about twenty years, and one
said he had been here 'off and on since IA"
THE INTERPRETER,
who had been selected by the prosecution, Ah
Wan, was objected to by the defense, and was
obliged to submit to lengthy examination by
defendants attorneys, 10 Hamilton and j. D.
aambleton, concerning his knowledge of the
English language, English grammar and Eng
lisb idioms. During this examination Mr.. Ham
ilton asked Ah Wan concerning the
LANGUAGE OF CHINA,
| saying {" Are there not different idioms (dia.
lects) in China? l mean is there not differ
ence in the language as spoken in the various
districts of Ireldnd2" All Wan was unable to
| answer, but the Judge, the jury, the counsel,
the reporters and spectators could but respond
with loud laughter, in which even Mr.. Hamilton
joined. The witness having been further exam
ined, and testfying that he Inspector for
the Wo Yung Company, was member of the
Company and had acted as agent for the miners
in retaining counsel for the prosecution, the
United States District Attorney said that he had
no objection to another interpreter being sub
stituted, and Louis Lock was sworn. Through
him
All Koo TESTIFIED
that he was born in China, had lived in Califor-
MIA and had never declared his intention of be-
coming a citizen of the United States. In June
last he lived Weaverville, Trinity county
where he was engaged in mining. He knew
John jackson there. (Witness pointed him out
in the Court room). The paper tax receipt for
S4 signed by "John jackson Tax Collector"
was was given him by jackson in exchange for four
dollars. Jackson demanded the money, and
witness knew that if he did not pay it there
WOULD BE TROUBLE.
Jackson was Collector at the time and gathered
the miners tax from Other Cinnamon.
The witness was carefully examined at length
but no other facts having any bearing on the
case were elected.
The prosecution offered the receipt in evil
dence. Defendant objected on the ground that
it was incumbent on the prosecution to prove
the execution of the document by the parties
whose names thereto appended, wh III had not
been done. The Court ruled that it was admis-
sable, as showing that Jackson was collecting
money under color of his office, and by giving
the receipt it became his act. Defense excepted
to the ruling.
THE DEFENDANT
introduced the testimony of Bernard Block, l. G.
Messick and T. P. Reardon, all of whom testi
fled that they knew Jackson, were acquainted
with his handwriting and signature, and did
not believe the name of John jackson" ap-
pended to the receipt in evidence to be genu-
inc signature of that individual The testimony
was here closed
Mr.. Latmer said that the prosecution would |
reserve its argument, and Mr.. Hambetou opened |
for the defense, and was followed by Mr.. Haml- |
ton.
THE LINE OF DEFENSE
was that Jackson was warranted in collecting
the tax under the State Law that sufficient
time had not elapsed between the date of the
approval of the Act of Congress and the day on
which the alleged criminal act was committed
by Jackson for him to have learned of its exis-
tence that the signature of jackson to the re-
ceipt had not been proven, and that even admit
ting the act, it could be only construed into
wrongful collection under color of his office, or
the obtaining OF money under false pretense.
THE PROSECUTION
replied by W. H. l.. Barnes. He said that up to
this day the prosecution had supposed that by
such n case as the present was the only way the
coust stitutionality of the Act of Congress of May
1870, could be proven. Up to this time, he had
supposed that the case would be argued upon
broad, constitutional ground, and not in the
manner adopted by defendants counsel. The
prosecution had made no charge of evil intent
against the defendant; he acted under color of
the State law vet hia ack that ba ha
acquitted of the charge of doing an official act
aud thus render him liable to prosecution for
obtaining money under false pretense.
w