CALIFORNIA.

New Zealand Spectator and Cook's Strait Guardian, Volume VIII, Issue 662, 6 December 1851, Page 3

CALIFORNIA.

We {Sydney Morning Herald') have California newspapers to the Ist September. Setting aside the laws of God and man, “the people” have committed three more murders. It is no longer to be denied that law 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 goal was broken into and both the unfortunate wretches taken away and cruelly murdered in mid-day, in the presence as it is stated of fifteen thousand people. We take the following account of the rescue by the authorities, and the subsequent capture and murder from The Morning Post, of September 1. The Vigilance Committee and the Authorities—Whittaker and M’Kenzie Rescued. 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 yesterday morning fixed on as the day of execution. George M’Dougal having been informed of this determination on the part of the Committee, proceeded to this City, on Tuesday evening, aud held a consultation with the city and county officers, and then called upon the Honorable Myron Norton, and procured a bench warrant, for the seizure of the prisoners Whittaker and M’Kenzie. The writ was then placed in the hands of the Sheriff, Colonel Jack Hays, and at about half-past three o’clock yesterday morning, the Sheriff, with Deputy Sheriff Caperton. His Excellency Governor M‘Dougs!, His Honor Mayor Brenham, Marshal Crozier, and a body of the police, repaired io the building in wnich iue prisoners were confined on Batterystreet. Sheriff Hays and Captain Caperton ascending the stairs, and entering the room called for the prisoners, as an officer 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, were received by Colonel Hays, and the guard kept at a distance by Captain Caperton, with a drawn pistol, while the prisoners were conveyed down stairs into the street, and hurried np Battery, California, Montgomery, Pacific and Kearney streets, to the country jail. It was but the workof a moment. Immediately after the party left the room, some one leaped out of the window, and ran to the Monumental Engine House, on the Plaza, and gave the alarm, by ringing the bell, which was accomplished before the party reached the jail; Whittaker through physical weakness, having fallen to the ground in the flight. A bodv of the Committee pressed close upon the heels of the party, as they approached the hill near the jail, but were repulsed by the hostile demonstrations of the Sheriff and Captain Caperton.

Before the break of day a crowd had collected in front of the building on Battery-street, having been aroused by the ominous tolling of the bell. AU sorts of inflammatory speeches were made by persons declaring their willingness to M 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 then appeared at the window and made an inquiry of the crowd if they were “willing to support them to the death?” “Yes!” was the unanimous response from the multidude. The reply as near as could be understood was, “ we will be with you in a short time! The crowd soon after dispersed as daylight approached. At eight o’clock the bell tolled again, when the committee reassembled, and after transacting some business adjourned till four o’clock, when it was reported an investigation was to be had in relation to the taking of the prisoners. At the time the bell tolled the second time, by some means the impression got abroad that the jail would be stormed by the committee and the prisoners re-taKen. zitiu gsCvußuiuglv immense multitude assembled around the jail with the expectation of witnessing the scene. A large detachment of the police were stationed on the top of the prison to guard it; and around it stood Governor M‘Dougal, Mayor Brenham, Marshall Crozier, Judges Campbell and Brown, with other state and county officers, but no hostile demonstration was made. The crowd after waiting near half an hour dispersed. Seizure and Execution of Whittakeb and M'Kenzie. —Yesterday (Sunday) another tragic scene was enacted in the drama of of life in California, At about three o’clock a tap of the bell was heard from the enginehouse on the Plaza, when a two-horse carriage was seen dashing down Dupont-street from the direction of the gaol, 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 commiltee-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 v ill 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 some threefourths 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 M’Kenzie and Whittaker taken 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 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, by California enginehouse on Battery-street. Coroner’s Inquest.—The following is the verdict of the Coroner’s Jury on the inquest held yesterday on the bodies of Whittaker and M’Kenzie:— The jury after deliberate consideration have come to the conclusion that Samuel Whittaker and Robert M’Kenzie came to their death by being banged by the neck, thereby producing strangulation, by the act of a body of citizens, styling themselves the Vigilance Committee of San Francisco, on the afternoon of August 24th, at about three o’clock, in front of the Vigilance Corbmittee Rooms, on Battery-street, near Californiastreet, from the second story thereof. Theodore Payne, John C. Griswold, James Hogan, Wm. M. Moore, J. Slocum, Jas. H. Wingate, Edward Gallagher, Coroner.

Some documents, professing to be the confessions of these unfortunate wretches are published in the papers, from which it appears that they had committed, in connexion with several others, a great number of robberies, most of which were said to be planned at the house of Mrs. Hogan, a woman, who with her husband, formerly kept a public-house in Sydney. Whittaker appears to have been a native of Manchester; to have come out to this colony in the ship Lady Kennaway, and to have gone to San Francisco via New Orleans. We look with some suspicion on these confessions, as they were evidently extorted ; there is no doubt, however, that both these men had committed crimesfor which they by the law of California subjected themselves to the punishment of lengthened imprisonment. Mrs. Hogan was in custody of the Committee, and it was supposed that she would be sent on to Sydney. 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!! I 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 committed, a flag was unfurled which had been presented to the murderers by the ladies of Trinity Church.

The third murder took place at Sacramento. Three men had been tried before the District Court for robbery and sentenced to be hung. Subsequently to the trial, twelve members of the “grand and petit juries by which Robinson was tried.” sent in o 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 these, 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 —obinson was taken from the “ guards ” and executed, the Mayor, although not actually present, being a consenting party. For the particulars of this horrible transaction we have not room this morning. A singular case is reported. A young man described as James Stuart, alias Berdue formerly of Windsor, N. S. Wales, was coni victed of a murderous assault and robbery, and sentenced to be imprisoned for fourteen years ; he was then tried for the murder of Mr.’ Moore, Sheriff of Yuba county, aud sentenced to death, but before the execution a man named Stuart was apprehended by the Vigilance Committee, who confessed to have committed both offences ; the likeness between the two men seems to have been most I remarkable. A young man named Windfred ,

(a native of this colony,) who was convicted of the robbery with Berdue, was also by Stuart’s confession declared to be innocent. Windfred escaped from prison, and we believe arrived in Sydney some months since. A subscription was being raised for Berdue who was coming on to Sydney. 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 before the end of the year. The first drafts arrived yesterday. 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.