The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-07-05

ington. Afterward the law quarters were
located in what is now winehouse on
Jackson street. northwesterly from Mont
gomery, and were subsequently transferred
to the building on the southwesterly cor
ner of Jackson and Montgomery, where a
disastrous fire, in which some of the court
records were consumed, occurred early one
n orning in 1865. Again quarters were
taken up in the old Merchants Exchange,
where both the Federal courts held sway
until the completion of the present APP
praisers' building, about fifteen years ago,
when they were removed thither.
From July, 1855, when Judge McAllister
assumed the duties of Circuit Judge, down
to the year 1862, when i'll health compelled
him to resign the ermine, many notable
suits-both civil and criminal-were tried
in the Circuit Court. Those early days
were prolific of civil lawsuits growing out
of Spanish and Mexican land grant titles,
alcalde titles, etc.; while upon the criminal
calendar were some interesting cases, now
historic, arising out of matters and things
incident to the rule of the Vigilance Com
mittee of 1856.
a case in point is that of the indictment
and trial of John l.. Durkee and Charles E.
Rand for the crime of piracy, the penalty
on conviction of which was death, pursu-
ant to law of Congress enacted in 1902
and still in force. The facts in those cases
were as follows: In the IdJLer part OF June,
1856, during the administration of Governor
]. Nicely Johnson, there was a clash
of authority between the State officers
and the militia on the one hand and the
Vigilance Committee upon the other.
The Governor made requisition upon the
commandant of the Benicia barracks for
muskets and ammunition to arm the State
militia. The requisition was duly hon
ored and while the schooner Julia, upon
vUh no cfO
way from Benicia to this port an armed
body of men, claiming to represent the
Vigilance Committee, boarded the schooner
in San Pablo Bay and compelled the
master and crew to deliver up the arms.
Among those who boarded the schooner,
it was testified, were Durkee and Rand.
Great excite ment was caused in this CITY
by the alleged theft of Government arms,
and the commander of the United States
sloop of war John Adams, then lying in
this harbor, it is said by old pioneers,
threatened to do a little hanging at the
yard arm of few choice Vigilantes if the
muskets and ammunition were not i'm
mediately surrendered at the United
States barracks.
The upshot of the matter was the indict-
ment, as stated, of Durkee and Rand. The
prisoners were arrested and. at first, feel
ing ran SO high that bail was refused.
William Blanding, United States Attor-
ney, prosecuted, and J. B. Crockett, after
ward Justice of the State Supreme Court,
pleaded for the accused with such good
effect that the jury acquitted the defend
ants on the ground that no intent had
been shown of larceny by Durkee and
Rand, it being in evidence that the arms
were secreted by the Vigilance Committee
to prevent the militia from using them.
The muskets were afterward delivered to
the Government officers at Benicia bar
racks.
Still another case in which the Vigilantes
figure was that OF Martin Gallagher versus
the bark Yankee Blade and smith, her
master. Gallagher in May, 1885, was a
night Waterman in the Custom-house in
this City. He was accused by the Vigi-
lance Committee of being rioter and a
promoter of quarreis at the polls. With
out even the semblance of trial Gallagher
was taken at midnight, June 5, 1856, from
the prison in the Vigilance Committee
rooms, where he had been confined
month, placed on board the bark men
toned by an armed body of Vigilantes,
and the decree of that body read to him
wherein it was recited to him that he was
banished from the State of California,
never to return under the severest penal
ties" The prisoner was taken to the
Sandwich Islands, but shortly afterward
returned to plague his tormentors."
Gallagher sued the master and owners of