STATE OF SOCIETY IN CALIFORNIA.

Otago Witness, Issue 23, 25 October 1851, Page 1

STATE OF SOCIETY IN CALIFORNIA.

In looking over a late file of San Francisco papers a strong impression is produced by the perusal of them of the lawless state of society in that community, of the disposition evinced by these free and enlightened Republicans to take the law into their own hands. If two men quarrel, perhaps over the gambling table, perhaps, to use an Americanism, " while liquoring/ revolvers are produced, one is shot while the murderer is said to have " got into a difficulty." Paragraphs about Lynching occur so frequently in the columns of these journals as to convey the idea that they are matters of every-day occurrence. Let us take a few examples at random : to show how frequently Lynch law comes into ope- ; ration : a suspected thief is arrested in the streets of San Francisco ;on being searched stolen property : is found on his person, the journalist proceed* to i

say, " while they" (the chance passers in the street and neighbours of the person robbed, who had arrested the thief) " were thus examining him, he drew a pistol, which was wrested from him, and a crowd having collected, ropes were produced, and it was proposed to hang him. They contented themselves, however, with flogging him very severely, and a policeman took him to the police-office, the crowd following and attempting to take him from his custody." Another offender arrested by the police of San Francisco, as an escaped convict, is thus described as to his personal appearance after having undergone the full discipline of the mines. " During his absence he has been through the mines ; under the exact and prompt laws of those localities, he received 75 lashes, had his ears cropped, and was shot through the cheek, for various thefts committed by him." But the two most serious cases recorded in the same paper occurred, the one at Sacramento, the other at San Francisco, the two largest cities in the new State ; the following is an outline of them. At Sacramento, in open day (about 2 o'clock in the afternoon) a dispute arises at a Monte table between a gambler named F. J. Roe, and a miner who is invited to play, but declines ; from words they proceed to blows ; in the I fight Roe is worsted, when he is joined by several of his fellow gamblers, who together fall upon the miner. A blacksmith, named Myers, passing by at the time interferes to secure justice for the miner, when Roe, drawing his revolver, fires and shoots | Myers in the head, who dies shortly afterwards-. Roe is immediately arrested by the City Marshall and placed in the lock-up. An immense crowd is collected, who determine to inflict immediate punishment. Accordingly a committee of thirteen is appointed by the meeting to investigate the circumstances, and a judge, sheriff, and counsel for the prisoner elected. The proceedings of the committee are " frequently interrupted by messages from the crowd without demanding dispatch, and that the lawyers should be hustled out, as they were only making delay." The marshall protests against the illegality of these proceedings, but is only greeted with loud cries of disapprobation, and calls for vengeance upon the prisoner. During the time occupied by the jury in their deliberations the excitement of the crowd becomes nearly uncontrollable ; frequent messages are sent to them to hasten their proceedings ; and one speaker calls on the crowd to arm themselves and deluge the streets of Sacramento with blood, if the authorities dare to interfere between the people and the murderer, while " a deputation" visit the jury to turn out the lawyers, as they only interfered and caused delay. At last, at eight o'clock at night the jury returned a verdict of guilty, when it is immediately put to the vote that Roe be hanged, and carried unanimously. Accordingly the mob storm the gaol, and seize the prisoner, who is hanged by them on an oak in one of the streets of Sacramento ; the number of persons stated to be present being not less than five thousand. I

At San Francisco two men, named Stewart and Wildred were apprehended charged with having broken into the stores of a Mr. Janson, who was robbed of gold and money to a large amount, and severely beaten by the robbers. Great excitement appears to have been occasioned from the belief that Stewart had been concerned in several robberies at the mines, and also in the murder of the Sheriff at Auburn. The prosecutor being unable, from the injuries he had received, to attend the Court, the prisoners were taken to his house to see if he could identify them, when, on their return to the public office, an unsuccessful attempt was made by the mob to take them from the officers of justice, with loud cries of Lynch them, hang them, &c. As the examination of the prisoners proceeded the numbers and excitement of the assembled crowd became still greater; another attempt was made to seize the prisoners, but was repulsed by the guard. A committee was appointed, who the next day (Sunday) recommended the people to choose thirteen citizens to act as judge and jury, with other officers to constitute a court. The suggestion was acted upon, and at 2 o'clock this court so constituted commenced its proceedings, being interrupted by the eagerness of the mob to bring the business to a close, insomuch that the counsel appointed for the prisoner ,

protested against the whole proceeding, and said, he thought that, "in justice and mercy to the man whose life was at stake, the case should be adjourned until the next day (Monday), and that if the mob were thirsting for the man's blood, and must have it that night, let them take it, and on their heads be the guilt." One witness, on his cross-examination, said " he would hang a man for murder as soon as he would hang a dog." On being asked if he would wait to find out whether he was guilty or innocent, he replied, " That would depend on circumstances. If I was satisfied in my own conscience I would hang him, and leave the rest to God." This seems to have elicited muck applause and laughter. There appeared to be considerable doubt as to the identity of the prisoners ; and on the Judge proposing that further cridence should be heard, particularly that of an individual who would prove an alibi, so great a storm of indignation was raised that the witness was afraid to come lest the crowd should lynch him ; and the paper from which this outline of the case is compiled states that such a result was by no means improbable. Ultimately the Jury were unable to agree upon a verdict, some of them having conscientious doubts as to the identity of the prisoners, and amidst a perfect storm, some of the crowd demanding that the Jury should be polled, some that another Jury should be empannelled ; others, that the men should be hanged at once (one of them not having been put on his trial, such as it was.) The Jury were at length discharged, and the mob having been- with considerable difficulty appeased, the prisoners were left to take their trials before the ordinary tribunals.

It is not our intention to add any comments on the above ; we leave our Readers to draw their own conclusions from these facts. It may be urged, that in a community composed of all nations under the sun, and not the elite of those nations, the force of circumstances and the novelty of their position compel them to resort to extreme measures to protect property and maintain some degree of order among so many lawless characters ; Res dura, et regni novitas me talia cogunt. Without discussing the point, we may, however, fairly adduce these circumstances in evidence of the existing state of Society in California, and may ask those who enjoy the protection and security afforded by the impartial administration of the law under the British Government whether gold, even if it were certain o£ attainment by those who thirst for it, would not be dearly purchased by exchanging these advantages for the republican liberty of the new El Dorado. We may add another characteristic incident mentioned in these papers. A citizen of San Francisco, returning home at night from a gambling house, hears a quick step behind him. Concluding the stranger to be a robber, he draws aside and presents a revolver, when a sudden burst of moonlight reveals to him his partner, like himself, returning home. "The journalist infers from this that the streets should be better lighted ; others perhaps may be apt to infer it would be better if the inhabitants were not armed with revolvers, or so ready to use them on every occasion. — New Zealand Spectator.

An Electric Anecdote. — But the tales are not all of a tragic east. One day some accidents on the railway had created much uneasiness, and gave to every want of punctuality an alarming aspect. The officers of the station were heard to mutter their " wonder where the down train was ?" Eyes were stretched to their utmost, but no sign of the train. All at once there was a loud tingle of the telegraphbell ; sudden thoughts of a terrible collision crossed all minds ; the officer of the station ran in and took his place before the telegraph, with his back to the anxious passengers in waiting, who, stretching their necks across the counter, gazed with amazement at the mysterious needle. There was a moment's pause, when the officer turned round and gravely said, " They want a pound's worth of coppers at the station !'' There was a sudden laugh and a buzz, in the midst of which a shrill whistle announced the coming train. — Dickens" Household Words. Friendship is like a debt of honour^-t-tfie ".iaome\xt t , < it is talked of it loses its real name, and asVu'mW " the more grateful farm of obligation. ' * "".'