Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-05-05

The case of Patrick Campbell, who at
one time was President of the Golden Gate
Hydraulic Mining Company, came up for
hearing in Department Two of the Supe-
rior Court yesterday on a writ of habeas
corpus. The defendant was represented by
General Thomas ]. Clunie, while the other
side was looked after by ex-senator L. A.
Davis and T. J. Stabler Some time ago
Mr. Campbell was brought before Superior
Judge Meyers of Yuba county and fined
$500 for contempt of Court, in this that he
would not obey a process of the Court
which enjoined him from working his
property by the hydraulic process. Camp
bell refused to pay the fine, and in default
was sent TO the jail for five hundred days.
This writ of habeaS corpus is the fifth one
that has been issued in this case. 1t was
issued to H. L. Mccoy, Sheriff of Tuba
county. and made returnable before Judge
Mcfarland on the 4th of May. The Su-
preme Court has issued another writ re-
turnable Tuesday, May 18th. before Messrs.
Gibson, Green and Hamilton, Superior
Judges of Alameda county sitting in bank.
General Clunie claimed that at the time
Campbell was arrested by the Sheriff of
1uba county he was out on his own
recogniZance on writ of habeas corpus.
While ostensibly in the custodysof the law
and allowed TO go on his own recogniZance
he could not be again arrested. Pending
that writ the General argued that no legal
arrest could be made This writ was is
sued again because defendant had again
been arrested and thrown into prison. He
claimed that the Court could do nothing
but let the prisoner go.
Senator Davis said that defendant was
guilty of contempt of Judge Keyser 5
Court in the spring Of 1884. He could not
be found until September last, when he
was arrested on a warrant issued from the
Superior Court of Yuba county. The ar
rest was made by Deputy Sheriff Morse, of
Alameda county. A hearing on habeas
corpus was had before Judge Toohey, and
the writ was dismissed. He did not think
that Campbell had at any time been in the
actual custody of Morse since his arrest.
Another application for a writ was made to
| Justice Morrison, and he let it 90 before
| Judge Hunt, and it was dismissed by him.
Justice Morrison gave them a writ which Is
returnable before the three Judges of Ala
media county. The matter has been before
| Judge Jackson Temple, and by him dis
missed. The Senator said he challenged
| the fact that defendant had since been
taken into custody He claimed that he
! Davis was not aware Of the writ issued
~
| on the 18th, until since he came to Sacra-
mento. On the Goth of April Camp
bell was arrested. We had heard
of Judge Temples decision, and sup
posed that ended this farce. However,
| on the following day telegram was re-
| ceved stating that a writ had been applied
for by the respondent from the highest
| Court, and ii was to be heard before Judge
Mcfarland, of Sacramento. General Clunie
| asked for that writ, asked that it be brought
! before You, and now comes III and saws you
cannot hear it. This Court must hear this
writ, and decide upon its merits. He said
! this was the sixth time that this matter
| had been called up on similar writs, and
| they should strenuously oppose any farther
moves of this kind. 1t was case where
Yuba county was plaintiff, and ii worked a
hardship upon the county. The annals OF
| Jurisprudence, he claimed, do not show &
| parallel to this case. The defendant can
not be discharged without hearing.
5. J. Stabler, associate counsel of Senator
| Davis. said there were but two inquiries tC
be made by the Court. First, was it q
Court of competent jurisdiction, and sec
ond. is the defendant held by good and
sufficient writ We have a right TO de
mand an investigation. They must show
| YOU that the Sheriff of Euba county has ne
I TlSnL 10 uOiNl lllili' lftIiNt tbio GSiSG- dlll
! let the Alameda case take care of itself
General Clunie said Patrick Campbell
had no property in either the counties o.
| Yuba or Suffer He was compelled on &C
count of the mining-debris decisions tt
abandon all of his property in those sec
lions. and now, not satisfied with his i'm
| poveris hment, they want to deprive him o
his liberty: yes, they are after his body
They took all the man had in the world
| vet they are not satisfied. He was found
guilty of an oilensc he never committed
The prisoner on the writs that had beer
heard before the Superior Judges had beer
remanded. and why? Because one of tht
SUPERIOR Judges held him. He said tn
Supreme Court was apparently determine'
that some Superior Judge should decid
this thing Why did five of the Supreme
Judges lend themselves to this writ? The.
did it because they desired his discharge.
The Court said it was not disposed
this time to hear the case in detail ii
thought it little strange that the Suprem
/ Court should issue a writ of habeas corpu
returnable in Alameda county when
similar one is pending in this county. II
said further hearing of the case would b
continued 10 Nav Of .