Los Angeles daily herald., 1875-07-25
EASTERN ~ EWS.


ness called in the Lee trial to-day was
Robert Keyes. He saw the bodies at
Mountain Meadows. None of them
were scalped. Ashel Bennett testified
to the same effect. Philip Klingen
Smith, of the defendants, of San Ber-
nardino, was next called. He was at
the massacre. He heard of the emil
grants coming. The people were for
hidden to trade with them. They
held council, at which some of the
members opposed destroying the emf
grants, and Haight broke up the meet
ing. White and the witness talked
with Haight, opposing the massacre.
Haight relented, and told us to go
ahead and tell the people that the en-
igrants should go through safe. We
met john d. Lee on the road, and told
him where we were going, when he
said: "I have something to say about
that matter" The next day Ira Allen
told me that Lees orders were to de-
stroy the emigrants. Three days after
Haight told me he had received orders
from Col. w. III. Dame to kill all ex-
cept children too young to tell the
tale. The witness then detailed the
massacre as heretofore related. He
then testified as to the depositing the
captured goods in the church and
branding the cattle with the church
brands. He then reported the matter
to Brigham Young at Salt Lake City.
A few days after l, with Lee and
Charley Hopkins, called on Brigham.
He directed me to turn the property
over to Lee and say nothing about it.
T he o,,l 49,, ,,le hot L Il
the property at auction. There were
Indians at the massacre, who were
deputed to kill the women.
More of the Tweed Case.
NEW YORK, July 24-George F.
Comstock, council for Tweed in the
habeas corpus case before the Court of
Appeals, and an ex-Judge of that Court
has published reply to the attack of
Chas. O'Conner and Judge Davis upon
the Court of Appeals for giving de-
cision favorable to Tweed. In the let
ter Comstock says: 'In all the argu-
ments of counsel in opposition to the
lawless sentence pronounced by Judge
Davis, that magistrate was treated
with forbearance, but it ought now to
be said that there were circumstances
attending the last and final trial, con-
viction and sentence which may justly
raise more than doubt as to whether
he is longer entitled to such forbear-
ance. The trial proceeded as if its
purpose was conviction and punish
ment for only a single crime. Thus
the prisoner and his counsel We're en-
trapped into the belief that only one
conviction and one sentence was in
tended. There was no change in the
opinion of the Judge as announced on
the first trial till the jury rendered q
general verdict of guilty. Then a
masked battery was discovered and a
tremendously accumulated sentence
fell upon the deceived and wretched
prisoner, charged with neglect of Off
cial duty or bad performance of Off
cial duty. The punishment in its ac-
cumulated severity was more than
twice greater than the law would
have tolerated if he had been guilty of
the larceny of $40, 100000.
know of no precedent for such tri-
al since the time when Jeffries and
Scroggs administered the criminal
law of England. The egress of the
case from the murky atmosphere of
Judge Davis's Court, charged as it was
with electric passion, and its vaulting
to the Court of Appeals, was like an
ascension to another worldu OfMr.
O,Connor and his share in the crti-
cism of the Court of Appeals, Judge
Comstock says: IT will take his opin-
ion with just and profound respect af-
ter he has made an examin alton of
the authorities and precedents. Until
then it would be becoming to with
hold his abuse of high tribunal
which has laboriously considered and
decided the question:
Railroad Accident.
WASHINGTON, July 24th.--Yester-
day the north bound passenger train
of the Virginia and Maryland railroad
was thrown from the track near Bull
Run bridge, by the breaking of
flange of the driving wheel of the en-
gine. The engine was thrown over
an embankment and turned upside
down. The baggage, sleeping and
ladies cars rolled on and were piled
upon and around the engine. The
baggage master was fatally injured.
Several passengers received a few
anu
fireman were taken out from beneath
the debris unhurt.
Cars for the New Road.
New YORK, July Ex-senator Jones
OF Nevada, has purchased from the
defunct New York, Boston and Mon
treal Railway Company eighty new
freight cars for his California rail-
road. They will be shipped on the
next steamer for Aspinwall.
Fast time at saratog..
SARATOGA, July 24.-The first meet
ing of the Saratoga Racing Associa-
tion began to-day. The race, for the
Travers stakes, for three-years-olds
was won by DArtagnan, in 3:6l9, the
fastest time on record. The second
race, sweepstakes, for all ages, mile
and quarter, was won by Grimstead.
Time, 2:00a, the fastest time recorded.
Cole for secrotary-Fishcr Resigns.
CHICAGO, July PA Washington
special says that Senator Cole, of Cal
lfornia, who has been at Washington
attending to business before the Ge-
neva Court, is said to be an aspirant
for position in the Cabinet, in case
of Delano's removal.
Judge Fisher, the District Attorney,
sent his resignation to the President
yesterday. He found it impossible
to oppose three members of the Cabi-
net. Ex-Governor Wells will succeed
him.
Suit to foreciosc Railway Mortgage.
MEMPHIS, July 24.-Phil. G. CAL
houn and Lewis G. Meyers. of New
York, have instituted suit in the Dis
trict Conrt of the United States for
the first mortgage bond holders of the
Memphis and Philadelphia Railroad
Company for the purpose of foreclos-