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New Zealand Spectator and Cook's Strait Guardian, Volume VII, Issue 607, 28 May 1851, Page 3

In looking over the file of San Francisco tapers received by the Return, a strong impression is produced by the perusal of them p the lawless state of society in that community. of the disposition evinced by these |ee and enlightened Republicans to take (he law in their own hands. If two men |iarrel, perhaps over the gambling table, fei’haps to use an Americanism, “ while liB°ring,” revolvers are produced, one is shot the murderer is said to have “ got fto a difficulty.” Paragraphs about Lynches occur so frequently in the columns of Bese journals as to convey the idea that B e y are matters of every day occurrence. us take a few examples at random to ®ow how frequently Lynch law comes into deration ; —a suspected thief is arrested in B e streets of San Francisco, on being searchstolen property is found on his person, * e journalist proceeds to say, “ while (the chance passengers in the street T? neighbours of the person robbed, who Bd arrested the thief) “ were thus examining he drew a pistol, which was wrested K oln him, and a crowd having collected, produced, and it was proposed to him. They contented themselves, hows^ r > with flogging him very severely, and JP° iceman took him to the police office, htm r r ° knowing and attempting to take jt custody.” Another offender 5 s ed by the police of San Francisco, as 6 Sca Ped convict, is thus described as to KnoJi a PP. earan ce after having underft nh le a’ sc ’Pl’ ne the mines. “ During hL S( r nce he has been through the mines ; » ie 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, on Feb. 26, in open day (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 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 fair play 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 return 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.

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 thoughtthat “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 much applause and laughter. There appeared to be considerable doubt as to the identity of the prisoners, and on the Judge proposing that further evidence 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 even 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 trial 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 state of society existing 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 of 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. The following extracts are of a miscellaneous character ; — Lynch Law at Coloma.—We learn that in consequence of an outrage committed at Coloma by a dealer at French monte, the citizens rose en masse, and collecting all the gamblers in the place, took them to a distance from the town and warned them not to show themselves there again. This is a kind of lynch law to which none but the subjects of it can object.

Another Lynching Process.—At Mud Springs, near Hangtown, on Friday night last, an old miner was attacked in his tent and received a blow with a crow bar on the head which nearly killed him. The object was robbery, and a person suspected was taken by the excited crowd, and a jury chosen. His guilt not being clear, however, they held him to bail in 4000 dols., to appear before the County Court at Coloma. It was currently reported through the streets yesterday, that one of the persons who placed the rope around Roe’s neck, had been shot at on Wednesday night, by one of the deceased’s friends, the ball passing through the man’s coat, and he narrowly escaped with his life. On enquiry, we found the story in every way at variance with the facts. It appears that the person alluded to was dancing in one of the saloons, or along the street, when a pistol in his own coat pocket went off, the ball however doing him no injury. Prompt Justice.-—A bill passed both Houses of the Legislative on Saturday, providing for a special term of the District Court of Solano, on next Monday, for the purpose of trying Macaulay, accused of the murder of Judge Sellers at Napa, on Thursday, of which we gave an account in this paper yesterday. This is quick work ; but Mr. Cook stated in the Senate that the excitement against Macaulay was very great, and unless the law was promptly put in action the people would take it into their own hands.

Noble Game. —A dead panther was exhibited yesterday to the curious, outside of the Hotel de la Marine, in Sansom street, near Pacific. It was a very large one measuring not less than six feet from the end of its nose to the tip of its tail, and its claws were of formidable dimensions, while its fore paw is as thick as a man’s wrist. It is of a brown colour throughout and its fur is very thick. It was killed on Wednesday, by a French miner on the banks of the Napa river not many miles from Sonoma. It attracted crowds of persons all day, who were anxious to examine it. We were informed that it was killed by a discharge from a shot gun, loaded with shot, and fired at a very short distance—some 30 feet. The charge entered the right shoulder.