CALIFORNIA. {From the Sydney Morning Herald.)

Otago Witness, Issue 36, 24 January 1852, Page 4

CALIFORNIA. {From the Sydney Morning Herald.)

Setting aside the laws of God and man, " the people" have committed three more murders. It is no longer to be denied that laAV and order are at an end in California, and that a " Reign of Terror" exists.

Two men named Whittaker and M'Kenzie were apprehended by the Vigilance Committee on charges of robbery. An application having been made to Judge Campbell, he issued a writ of habeas corpus to bring the men before the legal authorities. The writ seems to have been carried into effect by stratagem, and the men were placed in gaol. On the following Sunday during Divine service, the gaol was broken into and both the unfortunate wretches taken away and cruelly murdered in mid-day in the presence, as is stated, of fifteen thousand people.

The following account of the rescue by the authorities, and the subsequent capture and murder, is taken from the " Morning Post :"

Rescue. — These men who have been in the custody of the Committee of Vigilance for some ten days past, and after having been examined before them, made a confession, which has been published, were condemned to death, and the morning of their execution fixed. Governor M'Dougal having been informed of this determination on the part of the Committee, proceeded to this city on Tuesday evening, and held a consultation with the city and county officers, and then procured a warrant for the seizure of the prisoners, Whittaker and M*Kenzic. The writ was then placed in the hands of the Sheriff, and about half-past three o'clock yesterday morning, the Sheriff and DeputySheriff, the Governor and Mayor, along with Marshal Crozier and a body of police, repaired to the building in which the prisoners were confined. The Sheriffs ascended the stairs, and entering the room, called for the prisoners, as officers of the government, by virtue of the warrant issued by the Court. It is reported that the Executive Committee were at the time in session in an adjoining room, and that out of thirty-five members of the Committee detailed on guard duty, but six or seven were awake at that moment, and that the prisoners, though securely handcuffed, were walking about the room. At the moment the call was made, the prisoners bounded towards the door, and were received by the Sheriff, and the guard kept at a distance by the Deputy-Sheriff with a drawn pistol, while the prisoners were conveyed down stairs and hurried through the streets to the county jail. It was but the work of a moment. Immediately after the party left the room some one leaped out of the window and gave alarm by ringing a bell, which was accomplished before the party reached the jail; Whittaker, through physical weakness, having fallen to the ground in the flight.

Before the break of day a large crowd had collected in front of the building on Batterystreet, having been aroused by the ominous tolling of the bell. All sorts of inflammatory speeches were made by persons declaring their willingness to " spill the last drop of blood in their veins to support the action of the committee," which was readily endorsed by the crowd. A member of the committee appeared at the window, and inquired of the crowd if they were " willing to support them to death ?" " Yes !" was the unanimous response from the multitude. The crowd soon after dispersed as daylight approached.

Seizure and Execution. — Yesterday (Sunday) another tragic scene was enacted in the

drama of life in California. At about three o'clock a tap of the bell was heard from the engine-house on the Plaza, when a two-horse carriage was seen dashing down Dupont-street from the direction of the jail, and turning down Sacramento-street, proceeded to the building occupied by the Committee of Vigilance on Battery-street, followed by an intensely excited crowd, shouting and exclaiming that Whittaker and M'Kenzie had been captured by the Committee of Vigilance. A general rush was then made for the rooms of the Committee, and in a few minutes the entire street was filled by human beings of all ages, sexes, and nations, perfectly wild with excitement. In a few minutes the folding windows from the committee-room were thrown open, and two men appeared with, ropes in their hands, and climbing up to the beams projecting from the end of the building, adjusted them through the blocks ; a proceeding which was hailed with a general outburst of applause from the excited portion of the crowd immediately under the windows. . The ropes were then drawn inside the room, and in a few minutes the two men, "Whittaker and M'Kenzie, were seen dangling in the air, suspended by the neck. A truthful description of this scene is far beyond the power of language to convey; but it will never be forgotten by those who witnessed it. The ropes were lowered away three times about five feet, and the bodies forced with terrible violence against the beams to which they were suspended. After hanging three quarters of an hour the bodies were lowered to the ground, and left to the disposition of the Coroner. The victims were dressed in white cotton shirts and brown pantaloons. Their arms were pinioned by ropes behind. The circumstances attending the capture of the prisoners are as follows : — About a quarter before three p.m., while all the prisoners, except two or three who were sick, were in the passage way between the fence and the cell-doors, attending Divine service as usual on Sundays (the Rev. Mr. "Williams officiating,) Captain Lambert's attention was called to the gate by the sentry on the top of the gaol : he turned to the gate to see who was there ; just then the two gates were forced open by the crowd, who poured in at the gates to the number of thirty or forty. The gate-keeper, Capt. Lambert, was seized and held down, he crying out to his assistants to shoot ; but this was not done for fear of injuring Judge "Waller, who was over Lambert assisting him. The other keepers were seized and held off, and the prisoners Whittaker and M'Kenzie faken away, placed in a carriage, and rapidly driven to the committee-rooms, attended by a guard, some mounted and some on foot. At the time the seizure was made pistol shots were fired as signals from without. The flag presented to the Committee by the ladies of Trinity Church of this city was taken out after the execution and exhibited to the crowd by a member of the Committee of Vigilance. An inquest was held on the bodies of the victims.

These cruel murders were approved of and justified by the press. The " Alta California," the leading paper in the state, writing on this subject says, — " but the Croakers, where are they ? Where are the men who affectedly anticipate from such proceedings the worst consequences ? Where are the men who hear the words Lynch Law with blanched cheeks and trembling limbs ? It matters but little. They are behind the time, the age, and the wants of this country ! ! !" But if anything were wanting to show how much the mass of the population must be corrupted, it is found in the fact, that when these fearful murders were completed a flag was unfurled which had been presented to the murderers by the ladies of Trinity Church.

The third murder took place at SacramentoThree men had been tried before the District Court for robbery, and sentenced to be hung. Before the trial twelve members of the " grand and petit juries by which Robinson was tried," sent in a memorial to the Governor, representing that circumstances had been developed materially altering their opinion with regard to his guilt; so much so, that many of them " were quite convinced of his entire innocence of the charge" for which he was under sentence : other reasons were also given, such as that he was not a hardened offender, that he had fought bravely in the American army ; and a similar petition was sent in signed by twentyeight other persons. In the face of such documents as this no Governor of a civilised community dare permit an execution to take place, and accordingly Governor M'Dougal, when ordering the other prisoners for execution, respited Robinson for a month. On the day appointed for the execution, however, Robinson was taken from the "guards" and executed, the Mayor, though not actually present, being a consenting party. The news of our gold-fields had reached San Francisco, and caused great excitement, particularly among those connected with these colonies. Several vessels were immediately laid on for Sydney, and we may expect a large number of arrivals. The first drafts has already arrived. The mining news is not very important, and was not considered encouraging. The number of miners who were doing well bore no proportion to those who were barely paying their expenses. Business was very dull, and as the. winter was fast approaching, was not expected to revive for some months.