December 24, 1852 (4 pages)

TILE JOURNAL A. A. SARGENT EDITOR. . FRIDAY MORNIVG, DECEMBER 24. Quartz Convention. We aie able to state at last definite} and conclusive action by this county in’ ers, The verdict of the jury was involunta-. her, The next thing he came ont into the Trial of Jones. . The trial of the man Jongs for the killing . of the Spanish woman, Augustine Parra, . took place on Friday and Saturday of the past week, in the District Court,before Judge Munson, ‘This case has excited much interest in this city, and during the trial the court room was erowded with anxious listen. shot her, he said it was none of my ‘damned business.’ I then hit him and knocked him own. ( Ariel Nye sworn for defence.—Resides at Gold Flat; was present on the night of deceased’s death. There was a muss among the girls, and I thought I would stop and sce itout. A Chilian girl went into her room and got a pistol. A number of gentlemen grabbed her, and deft. took the pistol from Pe Weils, Fargo § Co. News from Below. By Mr. Joseph A. Fort, messenger of Wells, Farge & Co, we have received Sacramento papers of Tuesday, and intelligence till 8 o'clock A. M. of the same day, as given below. From the Union we learn that on Monday night Foon at Marysvitte.—On Saturday night another overflow occurred at Marysville, reaching in altitude a foot higher than the flood of last spring. The rise of the water was arrested by the cessation of the rains. Several’ brick build ings were seriously injured by the settling of the earth causing the ‘walls to crack and fall. The Comanche discharged her freight Saturday’ at the about 9 o'clock, a report spread that a i } ; ‘j appeared to be cutting a enacting general laws in reference to’ ry manslaughter, the facts not pvoving an, dancing room and ppes be g up quartz property, and the tenure of veins. . intention to commit murder, yet showing a} The adjourned conveniion assembled on Monday last, at 10 o'clock, at the Dramatic Hall, and adjourned to the rooms of T W. Colburn, Esq. The various mining districts were well represented, especially Grass Valley, which had delegates present from the Gold Hill Co., Grass Valley Quartz Mining Co., Nevada County Gold Mining Co., Grass Val. ley Gold Mining Co., Rocky Bar Quartz . Mining Co., Lafayette and Helvetia) recklessness of life, and spirit of ruflianly bravo that needed severe punishment. The ‘reatment of this case will have a healthy effect in community. There is too much of that wanton display and braggadocio which eonsists in flourishing pistols and knives and uttering threats, to the presumed terror of lookerson. Men get excited by liquor, and . oratbed for it; 1 suppose he got hold of it. . wine. then, under the magnified sense of their prowes’, go intoa crewd to show off, perhaps provoke a quarrel. If any seber man is silly . enough to accept a quarre], somebody is kil. a little with the pistol. The man who owned the pistol asked him for it; deft. said he would keep it till morning, and would let no one have it. Others attempted to get it from him, but he refused. Augustine came into the room and stood by the courter smoking, afew minutes, then went toward the door near where deft. was standing. He presented the pistol to her and asked her if she would shoot; she replied she would. She took the pistol out of his hand, and presently He had quite a tussle; I was afraid it might go off and shoot somebody, which made me . observe particularly. She next shoved him . out of the door, and the pistol discharged itself; I could not see how he held the pistol. man had been shot by a weman, and it Tearned that a stage driver on the Auburn road, named Albert Putnam went with some friends to 2 house of prostitution called the Palace, on 2d street, between Land J, kept by Fanny Smith. Fanny was a little intoxicated, and insisted on Putnam furnishing a battle of On his refusal, she ordered him to leave the house, and after consu'ting with his friends he turned to do so. In the meantime Fanny went to a back Gold Mining Co., Eureka Co., and St. \led or wounded, perhaps a passer by. The . After the shot I examined his hand—it was . Part of the house, and returned with a Lawrence Co, The laws passed we give below, em-. bodying important amendments in the code originally reported, and giving at last that great desideratum, a good tenure in quartz veins. The laws are well . miscreant who causes all the damage escapes . in the melee, and afterwards by a perversion of law. We believe the verdict in the case of Jones to be most righteous, and trast it. marks a new era in the administration of . justice in Nevada county. It is the first conviction among all the ruthless assaults digested, and we doubt not will be a) and killings that have occurred here. black with powder; I think no time intervened between her pushing him and the discharge of the pistol. The deft. and deceased appeared to be friendly; I do not think . there was a possibility the shooting could . have been done intentionally. Deft. always appeared to me to be a peaceable man; I have seen him ten or a dozen times. . CROSS-EX AMINED. Heard deft. say something about shooting Colt’s revolver just os he stepped outside of the door sill. In this position, with his back towards her, she fired,the bullet entered his back, immediately under the shoulder blade. The wounded man was carried to the City Exchange on 2d street. He sufferbank at the foot of C street, in the u per part of the town, and the Urilda on Sunday was tied to the awning posts of the stores on the east eide of the plaza. Conviction ror Rior.—John Adams, John Newman, Henry Ayres, and —— Reed were convictedvan Wednesday of riot, in breaking the door and furniture of Miss Isabella Hall, at the house of ill fame on the hill east of the town, while they were intoxicated, on Monday night last, between 11 and 12 o'clock. One of the frail tenants of the house, frightened by the rout, jumped out of tha window, in the storm, and hid herself behind the trees. The rioters were severally fined $50. wea. Wo are indebted to Mulford & Searls for copies of Graham and Harper containing abundance of excellent read. ed excrutiating agonies, and it is thought cannot survive the wound. great benefit to the county, in developing its resources and encouraging invest. if they did not lethim alone. Deceased did . not have hold of the pistol when it fired. If . the pistol had been cocked at the time there ing, and beautfully illustrated. This a ee eee me tebtinany tei Wiis eae, number of Harper is the best ever puband a sketch of the arguments. Sallinetinginedenndie en ea ment of capital. The-Convention was called to order by Dr. S. C. Melntyre, A. A. Sargent Secretary. : Augustine Sataragn, a Spanish boy sworn . for the people, testitied knows deft.; seen the . person killed; her name is Augustine Perra; was present when she was shot. It was . Tuesday, Nov. 16th, between 11 and 12 o’After the reading of the minutes of ‘lock, P.M. Two women had a fight in the previous meeting, the artieles of the reported code were taken up one by one, and adopted after amendment, so that the Quartz Mining Laws of Nevada county are now as follows : QUARTZ MINING LAWs, NEVADA COUNTY. Art. 1, The jurisdiction of the following laws shall extend over all quartz mines and quartz mining property within the county of Nevada : Arr. 2. Rach proprietor of a quartz claim shall hereafter be entitled to.one hundred fect on a quartz ledge or vein ; and tho discoverer shall be allowed one hundred feet additional. Each claim #hall include all the dips, angles and yariations of the vein. Art. 8. On the discovery of a vein of quartz, three days shall be allowed to mark ard stake off the same, in such manner, by name of the owner and the number of the claim, or otherwise, as shall properly and fully identify such claims. Parties having claims may cause 4 map or plan to be made, and a copy fiied with Recorder, if deemed re~ quisite to more particularly fix the locality. Art. 4. Work to the extent of one hundred dollars in value or twenty days faithful labor, shall be performed by each company holding elaims, within 30 days from the date of recording the same, as provided for in Article but of these Jaws; and the duly authorized representative of a company making oath that such meney has been exponded, or that such labor has been performed, shall be entitled to a certificate from a County Recorder or deputy, guaranteeing undisputed possession of said claims for the term of one year ; and for a like sum of money or amount of labor expended or performed within the first twenty days of cach succeeding year, duly acknowledged as herein named. shall entitle the claimants or company, from year to year, . to further certificates of undisputed pro. prietorship and possession ; and a com. pany having a mitl contracted for in good faith, to the amount of five thousand dollars for the working of its claim . or claims, the proper representatives of . the company making oath of the same shall bo entitled to receive from said County Recorder a title deed to the said claim or claims, guaranteeing to the claimants or company, their successors . and assigns, undisputed session and . proprietorship forever under these laws: . provided that nething in this article . shall be at any time inconsistent with the laws of the United States. Ant. 5, Whenever the requisite amount of money or labor, as provided for . in Article 4th, has not been expended within thirty days from the adoption of . these laws, the elaim or claims thus ne. glected shall be considered abandoned, and subject to be re-lecated by any other party or parties. Arr. 6. Any person, a citizen of the United States, or any person having taken the necessary steps to become a cit‘izen of the United States, shall hereafter be entitled te hold one quartz claim as provided for in Article Ist ; and as many more as may be purchased in good faith for a valuable consideration, for which certificates of proprietorship shall be issued by the County Reeorder. Art. 7. The "a tac elected County Recorder of Novada county shall serve as Recorder for this county in quartz clairis, authenticating his acts by the county seal ;“he shall appoint as his deputy such person for Grass Valley as may be elected by the Distticts of Grass Valley ; and he shall pass his records to his successor. €», Arr. 8. The fees of the Recorder and Deputy shall be the same as the statute fees for recordingsper fotio. _~ Arr. 9. Notitlé to a claim hereafter taken up or purchased, shall be valid unless recorded in the books of the aforesaid County Recorder or Deputy, within ten days of its location or purchase. After the passage of the laws the Convention adjourned sine die. ree WB A gentleman from Snow Tent informs us that a rumor is current there that three persons perished in the snow during the late storm. Their voices were heard, and search was made by seve men and a dog, but they could wm found in the darkness, heavy sno . the house; a young man by thename of Golby brought a pistol into the house with him, jand gave it to one of the women who had ‘the fight. She came with the pistol cocked . to shoot the other woman; several persons stopped her at the door, and the deft. took the pistol from her; the deft. then said if nobody wants to get hurt keep out o! my way, and said he would shoot the first man that. attempted to take the pistol from him. A Spanish woman who lives where deft. does wanted to take the pistol from him: he said to her get out of _ way or I'll shoot you.— Ife went out into the bar-room; after he went into the bar-room the woman Augustine came out of her room into the bar-roum; she went and stood at the door looking out inte the street, when the deft. went to her and said— Augustine, fire this pistol into the street She said she was afgaid to do so, hat it might hit somebody in the street She pushed him out of the door and said in Spanish, go away with your pistol. He then stepped back and fired immediately, when she fell and said in Spanish, . am a dead woman. He pointed the pistol at her and fired; deceased was leaning against the left side of the door at the time the deft. shot. CROSS-EXAMINED. Mad been acquainted with deft. three or four months; never heard of any difficulty between deft. and deceased; never heard the deceased say they were unfriendly. I was inside the bar at the time the pistol fired; couldn’t see which hand the pistol was in; could not see the deft. but saw the hand and pistol. DIRECT EXAMINATION. The deceased was shot in the right side ; the ball did not go through her; the pistol is a Colt's revolver; deceased lived 15 or 20 minutes after she was shot. Andrew Gee sworn for people—Testificd . substantially the same abont the fight between the two Spanish women, and how Jones came in possession of the pistol ; the . deft. would shoot any one who attempted to/ itake the pistol from him; he said nobody {should have the pistol that night but might . have it in the morning. One of the women told the deft. to go to bed—a man went with . him to the door of his house but he came beck in the bar-room ; the deceased came out of her'reom into the bar-roem and stood leaning against the side of the doors looking ent mto the street; she was smoking a Spanish cigar; the deft. came up to me and asked me to shoot; she took hold of the pistol and said something I couldn't understand, when in the scuffle he got round with his back to the door, and she pushed him out. I saw him then present the pistol and fire; she fell immediately; seme one told him he had shot the deceased ; he said she shot herself. CROSS-EXAMINED Deceased had hold of the pistol in the scuffle; deft. took it from her; the pistol did not fire immediately; upon deft. being pushed out of the door, he had time to cock and . fire it. James Oakley's deposition as taken before the committing magistrate was then read; said there was sufficient time after she pushed deft. out of the door before the pistol went off, for him to cock and fire it; and that the deft. had manifested nothing but ill-will all that evening. When deft. handed deceased the pistol, he said shoot that man. J. B, Carter sworn for people.—Saw deft. while he was out doors, and a man was try. ing to get him to bed; saw him point a pistol . ata man standing by a post, and say how easy J could pick him off ; some one told him to be careful he would shoot his best friend ; . he, the deft., said he had no friends; that he had been in South America 48 years and was accustomed to shooting; shooting was . nothing. Dr. W. ¥. Knox testified the wound was . mortal. John Grove sworn for deft.—Said he tricd . to get the deft. to bed but didn’t succeed ; that he pointed the pistol at a man, and he told him he would shoot his best friends ; he, deft., said he had no friends; deft. then went into the house and witness went home. (He testified some other facts, nothing but what has been stated in testimony of witnesses fer people.) S.N. Williams sworn for deft.—Saw the whole transaetion; (circumstances getting the pistol the same as the others.) Deft. said he would keep the pistol till morning, and would shoot any man who attempted to take it from him; was in the bar-room when deceased came in to the bar-reom and stood by the door; deft. went to her and handed her the . pistol and said shoot; she said she wou'd in . a minute; she took hold of the pistol; he then attempted to take it from her; she had hold . of the barrel and he had hold of the other end; in the scuffle he got the pistol and she posnd him out of the door; he went out party backwards with his hand. partly behind him; immediately after bestrack the ground the pistol went off, and he and the weman both fell; went to deft. and teld him he had shot deceased; said she did it herself; I examined his hand and found it blackened with powder, id CROSS-FXAMINED. nk deceased was a little annoying when pdeft. out of door; deft. went and was a possibility of his being ab‘e to present and fire it. Gregoria, a Spanish woman, testified she lived next door above ; heard the pistol fired; came out of her room and saw deft. laying on the ground; deceased was still standing; thought the deft. the one hurt. Deft. and deceased always were good friends. Another Spanish woman testified she was in the room at the time; saw the deft. go up to the deeeased and offer her the pistel. She then loeked the other way, and in four or five minutes heard the shot; looked round and saw the deceased bend over and then straighten up, standing an instant; and then fell into her arms, saying she was a dead woman Deft. was standing when she first looked round but fell immediately. Deft. and deceased had always been very good fri:nds. J. R. McConneg cz on the partof the state made one of his ablest efforts. He remarked that he was not a volunteer, nor was he employed by the people to prosecute the man Jones; but that he promised the Court of Sessions at the time they accepted his resignation, that he would assist in the prosecution of the persons then charged with crime. He then examined the testimony in a logi-~ cal and concise manner, calling the attention of the Jury to a!l the circumstances attending the death of the woman, and the conduct of Jones. He exhibited each sceno in the tragedy before the court and jury vividly and with much eloquence. It was admitted by the defence that the deceased came to her death by a pistolin the hands of Jones, but contended that it was an accident. He proved most conclusively that Jones was guilty of a erime—and then thatthe jury might not misjudge as to what critne to charge upon the defendent, he clearly showed the distinction between murdet and man-slaughter, and the degrees and requisitesofeach. fle showed that although Jones may have designed no harm to the deceased, if his threats, arrogant menaces, and general conduct were anlawful but without felonieus intent or great danger to human life, it wae manslaughter. And even if the acts were lawful but done with criminal negligence, it was also mansiaughter. He alluded to the practice of juries in California, that it had become a by-word and reproach, they would hang a man for stealing a mule, (worth $56 ) and let avold-blooded murderer go unpunished, The community had already lost confidence in the strong arm of the law. Vigilance committees had been formed and the whole social system had been shaken to its centre. In concluding he called upon the Jury by the sacredness of human life and the laws of society, to do justice between the people and the defendant Jones. His speech had its et feet we believe in procuring the subsequent verdict. Mr. Cusrcuman, for the defence, made an able speech, but less able than most of his efforts. Ife dwelt upon the wish of the prosecution to make a victim of Jones, because California juries had heretofore been remiss. He reprobated the idea of victimizing this man to redeem Nevada county. If this deed was done, let it be while the snow was yet on the ground to whiten out the earth stained by his blood. He then reviewed the evidence, dwelling particularly upon the accidental nature of the occurrence—the height of the step, not less than eighteen inches, being sufficient to discharge tho pistolk He showed the friendly feeling existing between the def’t and deceased. He well knew Jones. lle was a man of cultivated mind and natural talents—a more accomplished man than his prosecutor or defence. He asked for acquittal on the ground of accident. fter charge by Judge Munson, the jury retired, and in two hours brought in a verdict of involuntary man-slaughter. Jones was sentenced to eighteen months in the State prison. we. The great rains and melting of the snow raised Deer Creek on Saturday last, full a foot higher than it was last year when the Theatre and other buildings went down stream. Much apprehension was felt for the fine bridges at the foot of Broad and Main streets, and the planks were taken from the Main street bridge, and the timbers secured by ropes. But the waters subsided without injuring them. Two valuable bridges at Crawford & Wood's saw mill, were swept off by the flood. Buildings of the poorer sort suffered by the weight of snow caving the roofs. Bay" The accounts from San Francisco show a heavy storm there on Friday last. The Golden Gate war unable to come to the wharf, and the risk of goin When she had shot Putnam, Fanny ran into the street inquiring for a police officer. She was met by the Marshal, and escorted to the station house. A crowd soon collected at the Palace, whe were much exasperated, and called for the hanging of the woman. With this intention they moved towards ‘the station house, but the poliee having notice of the design, removed the woman by a boat to the prison brig. Finding the proposed object Of theit vengeance prone the crowd dispersed, ming} Mr. Fort furnishds us with the fullowing memoranda, under date of Wednesday, Dec. 28d. “By our latest advices from Sacramento, up to 8 o'clock A. M. yesterday, [learn that the man Albert Putnam. who was shot on Monday night, is still living. The surgeons have not yet suc ceeded in finding the ball. But faint hopes, if any, are entertained of hia recovery. The people of the city are greatly excited against that female deyil, Fanny Smith, and if the popular feeling is carried out, she will most undoubtedly be hung. Such a woman should not be tolerated in a civilized community." Tue Froop.—WVe condense from the Union the following account of the effect of the storm up to Tuesday last. On Sunday morning about 4 o'clock, a break was discovered near the upper end of the new levee above Sutter's Fort, and in the centre of the great slough which extends along the base of the ridge.— Although the levee is at this point sixty feet through at the base, the current from the American, assisted by the wind, succeeded in undermining it and _tearing it away--the angry clement defying all attempts to arrest it. By 10 o'clock the gap had opened to the width of 60 feet, and the water ran through it with fearful volocity. During the day the crevasse gradually widened, and at dark on Sunday an hundred feet had been swept away. The Sacramento river was higher on Sunday at 11 o'clock, by 13 inches, than it was in Mareh, when the old levee broke. On Menday the water in front of the city stood within 14 inches of the top of the levee. The entire country on the west of the Sacramento as for as the eye can reach, is one yast lake, the only dry spot in Washington being the little cemetery knoll. Cache Creek isa mighty river. The east side of the Sacramento above the mouth of the American, is under water for many miles. The force with which the water entered the crevasse on Monday kept wearing it away, and fears are entertained that the city will receive the whole surplus of the Americaa river. The wind and rain did censiderable damage independent of the flood, the wind upsetting the canvas houses, tearing ceverings to pieces, upsetting wagons and fences, and the rain by settling and cracking valuable brick buildings. At the latest advices the waters of both theSacramento and American were receding, and hope were beginning to prevail that the lakes would drain off, so that the levee could be repaired, and the visitation of the calamity be lightly felt. We are sorry to think we have not yet heard the climax. The heavy snows and rains of the past week in the mountains must tell fearfully upon the rivers below. We anticipate yet another chapter of disasters from our unfortunate sister city. In consequence of the inundation and removul of the two bridges by the flood extending over J and K streets, upwards of 200 wagons have been’stopped en the opposite side of the big slough, east of the city Some of the buildings on the opposite lished where all are good. Mulford & Searls keep the best assortment of books periodiesls and papers in this eity, and the literati, ficdged and unfledged, had better call. : Werrs, Fanco & Co. will send their next regular semi-monthly Express for the mail steamer Northerner, Jan. Ist, 1853 Drafts drawn payable at the various offices of the American Express Co. throughout the Atlantic states. ‘Trens« ure, letters and packages received up to Wednesday evening, Dec. 20. Brar River.—Mr. Tate, of Storms’ Ranch, informs us that Bear River was higher on Saturday than it had been for two years before. The bridge over the river near that ranch is fifty fect wbove low water mark; but the water rose to within fifteen feet of the bridge, thirty-five feet! Large quntitics of drift timber were dviving down the stream, and the furee and fury of the water was terific to witness. Ep. Journat: —Late this evening, and while I was busy in making preparations for my departure in the morning, 9 copy ofa communication from M. Endecott was handed me, wnich . understand is ta be published as an answor to the one [ published in your last. Under the circumstances, I do not think it necessary to make any lengthy reply to this, but briefly allude to somo of the errors it contains. The coarse epithets made use of, are rather low to merit notice, and were its author not dignified by the title of Judge, their effect wou'd be to sink the entire document into disgrace. But I will leave Mr. Endecott to the full enjoyment of the reputation he has thus acquired for vulgarity, and call attention to his evasion of the truth, in saying shat! “well knew, and oannot deny, that at the time when I put in my proposal,” “the time for receiving proposals had expired, and there was no obligation upon the court to receive bids.” . said in my former communication the original time had expired, but the presiding Judge had induced me to to put in my bid, by a promise in good fuith to receive all bids up to the sitting of the court, and remarked, ‘the more the better” — and to men of veracity, this zx an obliga. tion. The bid was put in at $1950, but was reduced to $1800. and the assertion that this was an exorbitant price, is not justitied by the facts, as it was made out from actual calculation — and sheriff Wilson, one of the contractors for building the jail, has assured me that had I got the contract, it would have beena loss to me, as the work could aot be done at that price. The aceount I presented asked for but ten days’ wages as road supervisor, and one day for guarding prisoner; and I was induced to make this eharge thus below what I thought was justly due me, because I thought the court had already shown a dirposition to be little, and . wanted a settlement withuut fur~ ther difficulty. There area large number ef men in Nevada who know the number of days would far exceed ten— and I paid $12 to the Journal offiee for rinting receipts, and $2 fora blank Con in which I have kepta full account of all the road transactions. As to the requisitions of the Statute, I would remind Mr. Endecott that the “first term in the year” since I filled that office, has not yet been held, and when it is, he may not, and I hope will not be a member of the court, for when men of one official capacity, assume to know that another has not properly kept his books, and condemns him before they even havea right to a legal knowledge of the facts, they manifest more of the big head than becomes their station. As to the allowance for guarding pris~ oner, Geo. A. Gray, who was with me, and performed similar service at the same time, was allowed, as I am informed by him, $15; I only asked for $10— and this, beside refusing te pay even ® moiety of my just demand on account of the read work, was cut down to a county order for $6, worth less than $3. Yes, Mr. Editor, and in the face of all this, and after giving sanetion to some enormous bills from some other quarters, Mr. Endecott finds assurance enough to say the eourt acted frem no personal feelings. In conclusion, let me assure Mr. Endecott that I cannot re. gard his document as a very forcible one, as he has evidently mistaken vulgarit for common sense, and italics for forcible : brandy in a minute after he. to her in Loats was teo great to be much . side of the river at Washington are now jargument. —__ B. M. Costes. viclent storm. in; when TC told him he hed/attempted, standing in six feet water. Dec. 13, 1858. 1t* i rs or =n CR CATRAR ST 5 YG 2 Tus ry re a Sa LR ATR NS : CNR A AE

TILE JOURNAL A. A. SARGENT EDITOR. . FRIDAY MORNIVG, DECEMBER 24. Quartz Convention. We aie able to state at last definite} and conclusive action by this county in’ ers, The verdict of the jury was involunta-. her, The next thing he came ont into the Trial of Jones. . The trial of the man Jongs for the killing . of the Spanish woman, Augustine Parra, . took place on Friday and Saturday of the past week, in the District Court,before Judge Munson, ‘This case has excited much interest in this city, and during the trial the court room was erowded with anxious listen. shot her, he said it was none of my ‘damned business.’ I then hit him and knocked him own. ( Ariel Nye sworn for defence.—Resides at Gold Flat; was present on the night of deceased’s death. There was a muss among the girls, and I thought I would stop and sce itout. A Chilian girl went into her room and got a pistol. A number of gentlemen grabbed her, and deft. took the pistol from Pe Weils, Fargo § Co. News from Below. By Mr. Joseph A. Fort, messenger of Wells, Farge & Co, we have received Sacramento papers of Tuesday, and intelligence till 8 o'clock A. M. of the same day, as given below. From the Union we learn that on Monday night Foon at Marysvitte.—On Saturday night another overflow occurred at Marysville, reaching in altitude a foot higher than the flood of last spring. The rise of the water was arrested by the cessation of the rains. Several’ brick build ings were seriously injured by the settling of the earth causing the ‘walls to crack and fall. The Comanche discharged her freight Saturday’ at the about 9 o'clock, a report spread that a i } ; ‘j appeared to be cutting a enacting general laws in reference to’ ry manslaughter, the facts not pvoving an, dancing room and ppes be g up quartz property, and the tenure of veins. . intention to commit murder, yet showing a} The adjourned conveniion assembled on Monday last, at 10 o'clock, at the Dramatic Hall, and adjourned to the rooms of T W. Colburn, Esq. The various mining districts were well represented, especially Grass Valley, which had delegates present from the Gold Hill Co., Grass Valley Quartz Mining Co., Nevada County Gold Mining Co., Grass Val. ley Gold Mining Co., Rocky Bar Quartz . Mining Co., Lafayette and Helvetia) recklessness of life, and spirit of ruflianly bravo that needed severe punishment. The ‘reatment of this case will have a healthy effect in community. There is too much of that wanton display and braggadocio which eonsists in flourishing pistols and knives and uttering threats, to the presumed terror of lookerson. Men get excited by liquor, and . oratbed for it; 1 suppose he got hold of it. . wine. then, under the magnified sense of their prowes’, go intoa crewd to show off, perhaps provoke a quarrel. If any seber man is silly . enough to accept a quarre], somebody is kil. a little with the pistol. The man who owned the pistol asked him for it; deft. said he would keep it till morning, and would let no one have it. Others attempted to get it from him, but he refused. Augustine came into the room and stood by the courter smoking, afew minutes, then went toward the door near where deft. was standing. He presented the pistol to her and asked her if she would shoot; she replied she would. She took the pistol out of his hand, and presently He had quite a tussle; I was afraid it might go off and shoot somebody, which made me . observe particularly. She next shoved him . out of the door, and the pistol discharged itself; I could not see how he held the pistol. man had been shot by a weman, and it Tearned that a stage driver on the Auburn road, named Albert Putnam went with some friends to 2 house of prostitution called the Palace, on 2d street, between Land J, kept by Fanny Smith. Fanny was a little intoxicated, and insisted on Putnam furnishing a battle of On his refusal, she ordered him to leave the house, and after consu'ting with his friends he turned to do so. In the meantime Fanny went to a back Gold Mining Co., Eureka Co., and St. \led or wounded, perhaps a passer by. The . After the shot I examined his hand—it was . Part of the house, and returned with a Lawrence Co, The laws passed we give below, em-. bodying important amendments in the code originally reported, and giving at last that great desideratum, a good tenure in quartz veins. The laws are well . miscreant who causes all the damage escapes . in the melee, and afterwards by a perversion of law. We believe the verdict in the case of Jones to be most righteous, and trast it. marks a new era in the administration of . justice in Nevada county. It is the first conviction among all the ruthless assaults digested, and we doubt not will be a) and killings that have occurred here. black with powder; I think no time intervened between her pushing him and the discharge of the pistol. The deft. and deceased appeared to be friendly; I do not think . there was a possibility the shooting could . have been done intentionally. Deft. always appeared to me to be a peaceable man; I have seen him ten or a dozen times. . CROSS-EX AMINED. Heard deft. say something about shooting Colt’s revolver just os he stepped outside of the door sill. In this position, with his back towards her, she fired,the bullet entered his back, immediately under the shoulder blade. The wounded man was carried to the City Exchange on 2d street. He sufferbank at the foot of C street, in the u per part of the town, and the Urilda on Sunday was tied to the awning posts of the stores on the east eide of the plaza. Conviction ror Rior.—John Adams, John Newman, Henry Ayres, and —— Reed were convictedvan Wednesday of riot, in breaking the door and furniture of Miss Isabella Hall, at the house of ill fame on the hill east of the town, while they were intoxicated, on Monday night last, between 11 and 12 o'clock. One of the frail tenants of the house, frightened by the rout, jumped out of tha window, in the storm, and hid herself behind the trees. The rioters were severally fined $50. wea. Wo are indebted to Mulford & Searls for copies of Graham and Harper containing abundance of excellent read. ed excrutiating agonies, and it is thought cannot survive the wound. great benefit to the county, in developing its resources and encouraging invest. if they did not lethim alone. Deceased did . not have hold of the pistol when it fired. If . the pistol had been cocked at the time there ing, and beautfully illustrated. This a ee eee me tebtinany tei Wiis eae, number of Harper is the best ever puband a sketch of the arguments. Sallinetinginedenndie en ea ment of capital. The-Convention was called to order by Dr. S. C. Melntyre, A. A. Sargent Secretary. : Augustine Sataragn, a Spanish boy sworn . for the people, testitied knows deft.; seen the . person killed; her name is Augustine Perra; was present when she was shot. It was . Tuesday, Nov. 16th, between 11 and 12 o’After the reading of the minutes of ‘lock, P.M. Two women had a fight in the previous meeting, the artieles of the reported code were taken up one by one, and adopted after amendment, so that the Quartz Mining Laws of Nevada county are now as follows : QUARTZ MINING LAWs, NEVADA COUNTY. Art. 1, The jurisdiction of the following laws shall extend over all quartz mines and quartz mining property within the county of Nevada : Arr. 2. Rach proprietor of a quartz claim shall hereafter be entitled to.one hundred fect on a quartz ledge or vein ; and tho discoverer shall be allowed one hundred feet additional. Each claim #hall include all the dips, angles and yariations of the vein. Art. 8. On the discovery of a vein of quartz, three days shall be allowed to mark ard stake off the same, in such manner, by name of the owner and the number of the claim, or otherwise, as shall properly and fully identify such claims. Parties having claims may cause 4 map or plan to be made, and a copy fiied with Recorder, if deemed re~ quisite to more particularly fix the locality. Art. 4. Work to the extent of one hundred dollars in value or twenty days faithful labor, shall be performed by each company holding elaims, within 30 days from the date of recording the same, as provided for in Article but of these Jaws; and the duly authorized representative of a company making oath that such meney has been exponded, or that such labor has been performed, shall be entitled to a certificate from a County Recorder or deputy, guaranteeing undisputed possession of said claims for the term of one year ; and for a like sum of money or amount of labor expended or performed within the first twenty days of cach succeeding year, duly acknowledged as herein named. shall entitle the claimants or company, from year to year, . to further certificates of undisputed pro. prietorship and possession ; and a com. pany having a mitl contracted for in good faith, to the amount of five thousand dollars for the working of its claim . or claims, the proper representatives of . the company making oath of the same shall bo entitled to receive from said County Recorder a title deed to the said claim or claims, guaranteeing to the claimants or company, their successors . and assigns, undisputed session and . proprietorship forever under these laws: . provided that nething in this article . shall be at any time inconsistent with the laws of the United States. Ant. 5, Whenever the requisite amount of money or labor, as provided for . in Article 4th, has not been expended within thirty days from the adoption of . these laws, the elaim or claims thus ne. glected shall be considered abandoned, and subject to be re-lecated by any other party or parties. Arr. 6. Any person, a citizen of the United States, or any person having taken the necessary steps to become a cit‘izen of the United States, shall hereafter be entitled te hold one quartz claim as provided for in Article Ist ; and as many more as may be purchased in good faith for a valuable consideration, for which certificates of proprietorship shall be issued by the County Reeorder. Art. 7. The "a tac elected County Recorder of Novada county shall serve as Recorder for this county in quartz clairis, authenticating his acts by the county seal ;“he shall appoint as his deputy such person for Grass Valley as may be elected by the Distticts of Grass Valley ; and he shall pass his records to his successor. €», Arr. 8. The fees of the Recorder and Deputy shall be the same as the statute fees for recordingsper fotio. _~ Arr. 9. Notitlé to a claim hereafter taken up or purchased, shall be valid unless recorded in the books of the aforesaid County Recorder or Deputy, within ten days of its location or purchase. After the passage of the laws the Convention adjourned sine die. ree WB A gentleman from Snow Tent informs us that a rumor is current there that three persons perished in the snow during the late storm. Their voices were heard, and search was made by seve men and a dog, but they could wm found in the darkness, heavy sno . the house; a young man by thename of Golby brought a pistol into the house with him, jand gave it to one of the women who had ‘the fight. She came with the pistol cocked . to shoot the other woman; several persons stopped her at the door, and the deft. took the pistol from her; the deft. then said if nobody wants to get hurt keep out o! my way, and said he would shoot the first man that. attempted to take the pistol from him. A Spanish woman who lives where deft. does wanted to take the pistol from him: he said to her get out of _ way or I'll shoot you.— Ife went out into the bar-room; after he went into the bar-room the woman Augustine came out of her room into the bar-roum; she went and stood at the door looking out inte the street, when the deft. went to her and said— Augustine, fire this pistol into the street She said she was afgaid to do so, hat it might hit somebody in the street She pushed him out of the door and said in Spanish, go away with your pistol. He then stepped back and fired immediately, when she fell and said in Spanish, . am a dead woman. He pointed the pistol at her and fired; deceased was leaning against the left side of the door at the time the deft. shot. CROSS-EXAMINED. Mad been acquainted with deft. three or four months; never heard of any difficulty between deft. and deceased; never heard the deceased say they were unfriendly. I was inside the bar at the time the pistol fired; couldn’t see which hand the pistol was in; could not see the deft. but saw the hand and pistol. DIRECT EXAMINATION. The deceased was shot in the right side ; the ball did not go through her; the pistol is a Colt's revolver; deceased lived 15 or 20 minutes after she was shot. Andrew Gee sworn for people—Testificd . substantially the same abont the fight between the two Spanish women, and how Jones came in possession of the pistol ; the . deft. would shoot any one who attempted to/ itake the pistol from him; he said nobody {should have the pistol that night but might . have it in the morning. One of the women told the deft. to go to bed—a man went with . him to the door of his house but he came beck in the bar-room ; the deceased came out of her'reom into the bar-roem and stood leaning against the side of the doors looking ent mto the street; she was smoking a Spanish cigar; the deft. came up to me and asked me to shoot; she took hold of the pistol and said something I couldn't understand, when in the scuffle he got round with his back to the door, and she pushed him out. I saw him then present the pistol and fire; she fell immediately; seme one told him he had shot the deceased ; he said she shot herself. CROSS-EXAMINED Deceased had hold of the pistol in the scuffle; deft. took it from her; the pistol did not fire immediately; upon deft. being pushed out of the door, he had time to cock and . fire it. James Oakley's deposition as taken before the committing magistrate was then read; said there was sufficient time after she pushed deft. out of the door before the pistol went off, for him to cock and fire it; and that the deft. had manifested nothing but ill-will all that evening. When deft. handed deceased the pistol, he said shoot that man. J. B, Carter sworn for people.—Saw deft. while he was out doors, and a man was try.

ing to get him to bed; saw him point a pistol . ata man standing by a post, and say how easy J could pick him off ; some one told him to be careful he would shoot his best friend ; . he, the deft., said he had no friends; that he had been in South America 48 years and was accustomed to shooting; shooting was . nothing. Dr. W. ¥. Knox testified the wound was . mortal. John Grove sworn for deft.—Said he tricd . to get the deft. to bed but didn’t succeed ; that he pointed the pistol at a man, and he told him he would shoot his best friends ; he, deft., said he had no friends; deft. then went into the house and witness went home. (He testified some other facts, nothing but what has been stated in testimony of witnesses fer people.) S.N. Williams sworn for deft.—Saw the whole transaetion; (circumstances getting the pistol the same as the others.) Deft. said he would keep the pistol till morning, and would shoot any man who attempted to take it from him; was in the bar-room when deceased came in to the bar-reom and stood by the door; deft. went to her and handed her the . pistol and said shoot; she said she wou'd in . a minute; she took hold of the pistol; he then attempted to take it from her; she had hold . of the barrel and he had hold of the other end; in the scuffle he got the pistol and she posnd him out of the door; he went out party backwards with his hand. partly behind him; immediately after bestrack the ground the pistol went off, and he and the weman both fell; went to deft. and teld him he had shot deceased; said she did it herself; I examined his hand and found it blackened with powder, id CROSS-FXAMINED. nk deceased was a little annoying when pdeft. out of door; deft. went and was a possibility of his being ab‘e to present and fire it. Gregoria, a Spanish woman, testified she lived next door above ; heard the pistol fired; came out of her room and saw deft. laying on the ground; deceased was still standing; thought the deft. the one hurt. Deft. and deceased always were good friends. Another Spanish woman testified she was in the room at the time; saw the deft. go up to the deeeased and offer her the pistel. She then loeked the other way, and in four or five minutes heard the shot; looked round and saw the deceased bend over and then straighten up, standing an instant; and then fell into her arms, saying she was a dead woman Deft. was standing when she first looked round but fell immediately. Deft. and deceased had always been very good fri:nds. J. R. McConneg cz on the partof the state made one of his ablest efforts. He remarked that he was not a volunteer, nor was he employed by the people to prosecute the man Jones; but that he promised the Court of Sessions at the time they accepted his resignation, that he would assist in the prosecution of the persons then charged with crime. He then examined the testimony in a logi-~ cal and concise manner, calling the attention of the Jury to a!l the circumstances attending the death of the woman, and the conduct of Jones. He exhibited each sceno in the tragedy before the court and jury vividly and with much eloquence. It was admitted by the defence that the deceased came to her death by a pistolin the hands of Jones, but contended that it was an accident. He proved most conclusively that Jones was guilty of a erime—and then thatthe jury might not misjudge as to what critne to charge upon the defendent, he clearly showed the distinction between murdet and man-slaughter, and the degrees and requisitesofeach. fle showed that although Jones may have designed no harm to the deceased, if his threats, arrogant menaces, and general conduct were anlawful but without felonieus intent or great danger to human life, it wae manslaughter. And even if the acts were lawful but done with criminal negligence, it was also mansiaughter. He alluded to the practice of juries in California, that it had become a by-word and reproach, they would hang a man for stealing a mule, (worth $56 ) and let avold-blooded murderer go unpunished, The community had already lost confidence in the strong arm of the law. Vigilance committees had been formed and the whole social system had been shaken to its centre. In concluding he called upon the Jury by the sacredness of human life and the laws of society, to do justice between the people and the defendant Jones. His speech had its et feet we believe in procuring the subsequent verdict. Mr. Cusrcuman, for the defence, made an able speech, but less able than most of his efforts. Ife dwelt upon the wish of the prosecution to make a victim of Jones, because California juries had heretofore been remiss. He reprobated the idea of victimizing this man to redeem Nevada county. If this deed was done, let it be while the snow was yet on the ground to whiten out the earth stained by his blood. He then reviewed the evidence, dwelling particularly upon the accidental nature of the occurrence—the height of the step, not less than eighteen inches, being sufficient to discharge tho pistolk He showed the friendly feeling existing between the def’t and deceased. He well knew Jones. lle was a man of cultivated mind and natural talents—a more accomplished man than his prosecutor or defence. He asked for acquittal on the ground of accident. fter charge by Judge Munson, the jury retired, and in two hours brought in a verdict of involuntary man-slaughter. Jones was sentenced to eighteen months in the State prison. we. The great rains and melting of the snow raised Deer Creek on Saturday last, full a foot higher than it was last year when the Theatre and other buildings went down stream. Much apprehension was felt for the fine bridges at the foot of Broad and Main streets, and the planks were taken from the Main street bridge, and the timbers secured by ropes. But the waters subsided without injuring them. Two valuable bridges at Crawford & Wood's saw mill, were swept off by the flood. Buildings of the poorer sort suffered by the weight of snow caving the roofs. Bay" The accounts from San Francisco show a heavy storm there on Friday last. The Golden Gate war unable to come to the wharf, and the risk of goin When she had shot Putnam, Fanny ran into the street inquiring for a police officer. She was met by the Marshal, and escorted to the station house. A crowd soon collected at the Palace, whe were much exasperated, and called for the hanging of the woman. With this intention they moved towards ‘the station house, but the poliee having notice of the design, removed the woman by a boat to the prison brig. Finding the proposed object Of theit vengeance prone the crowd dispersed, ming} Mr. Fort furnishds us with the fullowing memoranda, under date of Wednesday, Dec. 28d. “By our latest advices from Sacramento, up to 8 o'clock A. M. yesterday, [learn that the man Albert Putnam. who was shot on Monday night, is still living. The surgeons have not yet suc ceeded in finding the ball. But faint hopes, if any, are entertained of hia recovery. The people of the city are greatly excited against that female deyil, Fanny Smith, and if the popular feeling is carried out, she will most undoubtedly be hung. Such a woman should not be tolerated in a civilized community." Tue Froop.—WVe condense from the Union the following account of the effect of the storm up to Tuesday last. On Sunday morning about 4 o'clock, a break was discovered near the upper end of the new levee above Sutter's Fort, and in the centre of the great slough which extends along the base of the ridge.— Although the levee is at this point sixty feet through at the base, the current from the American, assisted by the wind, succeeded in undermining it and _tearing it away--the angry clement defying all attempts to arrest it. By 10 o'clock the gap had opened to the width of 60 feet, and the water ran through it with fearful volocity. During the day the crevasse gradually widened, and at dark on Sunday an hundred feet had been swept away. The Sacramento river was higher on Sunday at 11 o'clock, by 13 inches, than it was in Mareh, when the old levee broke. On Menday the water in front of the city stood within 14 inches of the top of the levee. The entire country on the west of the Sacramento as for as the eye can reach, is one yast lake, the only dry spot in Washington being the little cemetery knoll. Cache Creek isa mighty river. The east side of the Sacramento above the mouth of the American, is under water for many miles. The force with which the water entered the crevasse on Monday kept wearing it away, and fears are entertained that the city will receive the whole surplus of the Americaa river. The wind and rain did censiderable damage independent of the flood, the wind upsetting the canvas houses, tearing ceverings to pieces, upsetting wagons and fences, and the rain by settling and cracking valuable brick buildings. At the latest advices the waters of both theSacramento and American were receding, and hope were beginning to prevail that the lakes would drain off, so that the levee could be repaired, and the visitation of the calamity be lightly felt. We are sorry to think we have not yet heard the climax. The heavy snows and rains of the past week in the mountains must tell fearfully upon the rivers below. We anticipate yet another chapter of disasters from our unfortunate sister city. In consequence of the inundation and removul of the two bridges by the flood extending over J and K streets, upwards of 200 wagons have been’stopped en the opposite side of the big slough, east of the city Some of the buildings on the opposite lished where all are good. Mulford & Searls keep the best assortment of books periodiesls and papers in this eity, and the literati, ficdged and unfledged, had better call. : Werrs, Fanco & Co. will send their next regular semi-monthly Express for the mail steamer Northerner, Jan. Ist, 1853 Drafts drawn payable at the various offices of the American Express Co. throughout the Atlantic states. ‘Trens« ure, letters and packages received up to Wednesday evening, Dec. 20. Brar River.—Mr. Tate, of Storms’ Ranch, informs us that Bear River was higher on Saturday than it had been for two years before. The bridge over the river near that ranch is fifty fect wbove low water mark; but the water rose to within fifteen feet of the bridge, thirty-five feet! Large quntitics of drift timber were dviving down the stream, and the furee and fury of the water was terific to witness. Ep. Journat: —Late this evening, and while I was busy in making preparations for my departure in the morning, 9 copy ofa communication from M. Endecott was handed me, wnich . understand is ta be published as an answor to the one [ published in your last. Under the circumstances, I do not think it necessary to make any lengthy reply to this, but briefly allude to somo of the errors it contains. The coarse epithets made use of, are rather low to merit notice, and were its author not dignified by the title of Judge, their effect wou'd be to sink the entire document into disgrace. But I will leave Mr. Endecott to the full enjoyment of the reputation he has thus acquired for vulgarity, and call attention to his evasion of the truth, in saying shat! “well knew, and oannot deny, that at the time when I put in my proposal,” “the time for receiving proposals had expired, and there was no obligation upon the court to receive bids.” . said in my former communication the original time had expired, but the presiding Judge had induced me to to put in my bid, by a promise in good fuith to receive all bids up to the sitting of the court, and remarked, ‘the more the better” — and to men of veracity, this zx an obliga. tion. The bid was put in at $1950, but was reduced to $1800. and the assertion that this was an exorbitant price, is not justitied by the facts, as it was made out from actual calculation — and sheriff Wilson, one of the contractors for building the jail, has assured me that had I got the contract, it would have beena loss to me, as the work could aot be done at that price. The aceount I presented asked for but ten days’ wages as road supervisor, and one day for guarding prisoner; and I was induced to make this eharge thus below what I thought was justly due me, because I thought the court had already shown a dirposition to be little, and . wanted a settlement withuut fur~ ther difficulty. There area large number ef men in Nevada who know the number of days would far exceed ten— and I paid $12 to the Journal offiee for rinting receipts, and $2 fora blank Con in which I have kepta full account of all the road transactions. As to the requisitions of the Statute, I would remind Mr. Endecott that the “first term in the year” since I filled that office, has not yet been held, and when it is, he may not, and I hope will not be a member of the court, for when men of one official capacity, assume to know that another has not properly kept his books, and condemns him before they even havea right to a legal knowledge of the facts, they manifest more of the big head than becomes their station. As to the allowance for guarding pris~ oner, Geo. A. Gray, who was with me, and performed similar service at the same time, was allowed, as I am informed by him, $15; I only asked for $10— and this, beside refusing te pay even ® moiety of my just demand on account of the read work, was cut down to a county order for $6, worth less than $3. Yes, Mr. Editor, and in the face of all this, and after giving sanetion to some enormous bills from some other quarters, Mr. Endecott finds assurance enough to say the eourt acted frem no personal feelings. In conclusion, let me assure Mr. Endecott that I cannot re. gard his document as a very forcible one, as he has evidently mistaken vulgarit for common sense, and italics for forcible : brandy in a minute after he. to her in Loats was teo great to be much . side of the river at Washington are now jargument. —__ B. M. Costes. viclent storm. in; when TC told him he hed/attempted, standing in six feet water. Dec. 13, 1858. 1t* i rs or =n CR CATRAR ST 5 YG 2 Tus ry re a Sa LR ATR NS : CNR A AE