Year: 1871

THE MANUSCRIPT.


The Auburn Messenger. of the first of
November, 1870. contained the following
paragraphs


A few days since we called public attention
to the singular conduct of James G. wilkins,
Justice of the Peace for the Cape Horn Dis
trict in this county, in discharging without
trial man named Parker, who was, as we
still think, seriously implicated in the myste-
riolls death Of IN old man named Summertied,
who, our readers will probably remember, met
so tragica an end on the line of the Central
Pacific Railroad in the month of October last.
We have now to record another bold outrage
on public Justice, in connection with the same
affair. The Grand Jury of Placer county has
just adjourned, without finding any bill against
the person named above. Not only did they
refuse TO find Il true bill or to make any pre-
sentiment, but they went one step further
towards the eXOnerati0n of the offender; they
specially ignored the indictment which our
District Attorney deemed it his duty to present.
The main facts in relation to the arrest and
subsequent discharge of Parker may be summed
up in few words:


1t appears that about the last of October, one
Gregory Summerteld, an old man nearly 20
years of age, in company with Parker, took
passage for Chicago, via the Pacific Railroad,
and about the middle of the afternoon reached
the neighborhood of Cape Horn, in this county.
Nothing of any special Importance seems to
have attracted the attention of any of the pas
ScugerS toward these persons until a few mo-
ments before passing the dangerous curve in
the track overlooking the North Fork of the
American river, At the place called Cape Horn.
AS our readers are aware, the road at this
point skirts a frecpice with rocky perpendicu-
lar sides, extending to the bed of the stream,
nearly 100 feet below. Before passing the
curve Parker was heard to comment upon the
subimity of the scenery they were approaching,


and finally requested the old man to leave the
car and stand upon the open platform, in order
to obtain better view of the tremendous
chasm and the mountains just beyond. The
two mon left the ear, and moment afterwards
a cry of horror was heard by all the passengers,
and the old man was observed to fall ut least
l 900 feet upon the crags below. The tram was
stopped for Il few moments, but, fearful of 4
collision if any considerable length of time
should be lost in an unavailng search 70! the
mangcd remains, it soon moved on again, and
proceeded as swiftly as possible to the next
| station. There the miscreant Parker was ar
rested, and conveyed to the office of the near
est Justice of the Peace for examination. We
understand that he refused to give any detailed
account of the transaction, saying only that
'.the deceased either fell or was thrown of
from the moving train"


The examination was postponed until the ar
rival of Parker's counsel, O'COnnell e. Kill
patrick, of Grass Valley, and after they reached
Cape Horn not single word could be extract
ed from the prisoner. 1t is said that the inqui-
sition was a mere farce; there being no wit
| nesses present except one lady passenger, who
with commendable spirit, volunteered to lay
over one day, to give in her testimony. We
also learn that, after the trial, the Justice, to-
gethcr with the prisoner and his counsel, were
closeted in secret session for more than two
hours: ut the expiration of which time the
Judge resumed his seat upon the bench, and
discharged the prisoner.


Now, we have no desire to do injustice
towards any Of the parties to this singular
transaction, much less to arm public sentiment
against an innocent man. But we do affirm
that there is, there must be, some profound
mystery at the bottom Of this affair, and we
shall do our utmost to fathom the secret.


Yes, there is secret and mystery
connected with the disappearance of
Summerlield, and the sole object of this
communication is to clear it up, and place
myself right in the public estimation.
But, in order to do SO, it becomes neces-
nected with my first and subsequent ac-
quaintance with Summerfield. To do
this intelEgibly, shall have to go back
twenty-five years.


1t is well known amongst my intimate
friends that l resided in the late Republic
of Texas for many years antecedent to
my immi grafton to this State. During
the year 1917, whilst but boy, and re-
siding on the sea beach some three or
four miles from the city Of Galveston,
Judge Wheeler-at that time Chief JUS
tice Of the Supreme Court of TeXas-paid
us visit, and brought with him 4 gen
tleman, whom he had known several
years previously on the Sabine river, in
the eastern part of that State. This gen
tleman was introduced to us by the name
of Summerlield. At that time he was
past the prime of life, slightly gray, and
inclined to corpulency. He was of med
ium height and walked proudly erect. as
though conscious of superior mental at
tainments. His face was one of those
which, once seen, can never be forgotten.
The forehead was broad, high and pro-
tuberant. 1t was. besides, deeply craven
with wrinkles, and altogether was the
most intellectual that l had ever seen. 1t
bore some resemblance to that of Sir
Isaac Newton, but still more to Humboldt
or Webster. The eyes were large, deep
set and lustrous, with light that seemed
kindled in their own depths. In color
they were gray, and whilst in conversa-
ton absolutely blazed with intellect. His
mouth was large, but cut with all the pre-
cision Of Il sculptors chiseling. He was
rather pale, but, when excited, his COM
plexion lit up with sudden rush Of ruddy
tlushes, that added something like beauty
to its half-sad and half -sardonic express
sion. A word and a glance told me at
once, this is a most extraordinary man.


Judge Wheeler knew but little of the
antecedents of Summerield. He was of
Northern birth, but of what State it is I'M
possible to say definitely. Early in life,
he removed to the frontier of Arkansas,
and pursued for some years the ayocation
of village schoolmaster. 1t was the sug-
gestion of Judge Wheeler that induced
him to read law. In six months time he
had mastered Story's Equity, and gained
an important suit, based upon one of its
most recondite principles. But his heart
was not in the legal profession, and he
made almost constant sallies into the
fields of science, literature and art. He
was natural mathematician and was the
most profound and original arithmetician
in the Southwest. He frequently comput-
ed the astronomical tables for the alma