The Red Cloud chief., 1879-06-26

JndSc Binrkburu vas Alcaide of
Santa Cruz, Monterey County, Cali
fornia, under the military regime Of
Gov Gen MAsoa. lie vas promi-
neni among The early ptoaeers, kasing
served IN the war 81 the Conquest. bu;
was asionished when commissioned Al
caidc BIZ Mason. for he knew n shing
more Of juusprudenes thar The neu
farmer. He accepted the position. bow.
ever, for ihs sane reason ths, 10 vn
given him, 20 Wit; be Vas the leading
American Of his nsighborhoot.
His decisions were no; Only remarka-
bic fo- i'm yartislity, bat their originsi-
iiy surpassed thar of the decisions. ot
Ssncho FanEa when Governor 81 the
Islsna.
His library consisted q the "swcsr
ing book" and ore volume bound in
calf-supposed 20 be = law book-whish
he made \ pr.iense Of consulting on al
occasions prior Ia rendering judgment,
bat he invariably announced that he
found no Law exa>uy applicable %
this case" etc.
On one occasion a native Californian
who hsd maliciOusly shaved the tail Of
= fine saddle-horse belonging TO an
ether. VA ARE ted and brought before
him for trial. The evidence was con
/ elusive, and the Judge, after examining
the volume bound in calf, announced,
81 find no lA~ exactly applicable to this
ease, but my judgment II tha' the de-
fsndant shall be taken 10 the barber and
have his head shaved. Officer! attend
10 your duty" The defendanSwas Nc
cordingly taken 10 the barber and his
head was shayen amid the shouts and
ridicule Of u crowd of spectators.
On another occasion n native Califor-
nian, ia n nj of jealousy, had murdered
his wife in the most brutal by
tying her 10 q bedstead and plunging a
knife into various parts of her body 30
or 40 times, almost cutting her 10 pieces.
The TEND wa caught while the body of
his wife was still warm, and was about
to be summary hung by the people
every man in the place except the Judge
ready to assist-when the Judge inter
fer.d alter this wise:
"Boys, you must not do IL that way.
The msn must die, but won't have you
disgrace Santa Cruz and yourselves by
hanging "A man without n trial. Bring
him 10 the Court room. III inpsnel n
jury and try him in the regular way,
and il the jury find him guilty j~ustics
shall be done without violence Ia the
majesty of the law"
The mob obeyed, and a resolved
into y posse comitatus according Ia the
notion OF those who composed IL, and The
prisoner was arraigned before the Court.
A jury was selected, but 10 counsel WAS
appointed, for there wa no lawyer IN
the place The Judge conducted the
proceedings, and when the evidence
was closed, the case WAS presented 10
the jury, who rendered q verdict of
guilty of murder in the first degree
The Judge, after examining the volume
in calf, announced:
81 find no law exactly applicable to
the case, but my judgment is that the
prisoner, having been found guilty Of
murder in the first degree, shall have
one hour TO prepare himself, and then
he shall be shot"
No persons were appointed to do the
shooting, but after the expiration of an
hour the condemned was tied tn n tree,
the crowd retired convenient distance,
The word was given, every man who
felt inclined "blazed away" and there
were more bullet hoes in his body than
knife wounds ia the body of hi, muir
dered victim. Thus was Santa Cruz
saved from the disgrace Of a man being
hung by a mob.
The Judge, having witnessed the exc
%cution, Immediately wrote an account
of the proceeding and dispatched ii by
a courier TO Gov. Mason. When the
courier returned he brought with him a
letter from the Governor TO Blackburn,
severely reprimanding him for having
transgressed the law so outrsgeous!y and
warning him against the repetition Of a
similar offense.
A second courier was dispatched with
another letter to the Governor, inform
ing him that if he supposed the writer
(Blackburn) had been serving "a Alcade
for the honor or profit of the Office, he
was much mistaken; that be (Black-
burn) had accepted the place To preserve
good order and To administer justice in
his neighborhood, and il the Governor
did not like his way Of doing he might
take the commission and 90 TO the devil
with it.-Phiiadelphta Record.