Sacramento Daily Union, Number 538, 14 December 1852 — THE COURTS. [ARTICLE]

THE COURTS.

District Court. BtrOll HO N. JIDCi: B A li I! OV R . Monday, Dec. 13. I>''_'. Presley Dunlap vs. IV m. M. Ormsby and others. Case continued till next term. Pjrafey EHtntopii, John S. Ormsby and others. — Continued till nest teijji. Charles Campbell VS. E. J. C. Kewcn. — Case cont:nued till next term. Thomas A. Mirvin vs. A. S. Tayl ■./•.— Case dismissed, the plaiqtiff paying costs. Samuel Nonia vs. Forbes, Cnby et at. — Case stricken from the calendar, with the privilege to the plaintiff to move a reinstation of the same. John N. Rodfr d al vs. Jhinicl G. and J. W. 11-liiting. — The case submitted by consent to the decision of Lewis AMrich, Esq., ns referee, to report judgment to the present term of this court. J. O. Lawrence vs. A. D. Patterson d ul— The ca>e is dismissed, vith costs against plaintiff. Julius Ncwburg. — Attachment.-! in this cage, which was called for a hearing, were ordered to be issued against Stephen Cassing, George Cline and W. 11. McGrew, to bring them before Court fourthwith ; also, against Lessler, V. E. Gciger, H. Coney, Wm. Yulvers, .I.L Liehtenstein, A. Greenbaum, Ilaskill, W. S. White, 11. J. Bidl.-man, M. Sloas, E. BarraO, Wm. Webster, Mark Ilurdin, J. 11. Culver and Isaac George. 11 B. Berry, excused from sorvii g ci jury. V. EL Gciger, attached as a witness, discharged. Julius Newburg, arraigned on the charge of murdering James JlcArdle,. J. G. Carter, District Attorney, and Judge Palitun, for the State. Horace Smith, Col. Saunders and J. W. Long, for defendant. In this case, now pending before the District Court, the principal part oi Monday was consumed in preliminary busings. Four witnesses were examined in the afternoon, whose testimony was elicited for the prosecution. We shall forbear a word of comment until the verdict of the jury shall have been pronounced. The life of a fellow-creature is at stake, and his cause is entitled te all the benefits which the law confers. The crime of which he is accuse! is 'set forth in the affidavit of the deceased as elicited a short time previous to his death. Having been admitted as testimony before the Court, we have introduced it here for tho benefit of the reader. The jury in the case is an intelligent one, fairly ewpnnnelled, and whatever their verdict mny prove, we have not a doubt but it will be honest and founded npou law and evidence. Great interest is manifested in the caee. The court room is crowded, and the lawyers, taxing their utmost .abilities for the issues, will doubtless acquit themselves to the satisfaction of all parties concerned. Dr. Ilarkncss was called to the stand. He was the officiating physician when McArdle was shot, and testified substantially as follow?: The wound was inflicti.'d by B pistol bullet of medium size, on the left side of the deceased, just below the rib. He considered it mortal. Wm present at the doath with Judge McGrew and Mr. Haggin. The deceased was in sane mind at the tuning of the affidavit. Did not see him evince any signs of insanity or insensibility. Did not probe the wound to any great extent. The bulU't ranged downwards ; supposed to have lodged in spine, l'hc idea of the approaching dissolution of the deceased was first conveyed to him about 1 or 2 o'clock, and he took some strps with regard to ■ eettleoMftt <>t hi.s estates. No will was made. Was culled in to see deceased between -i and 4 o'clock, A. M. Deceased w.aa lying on the Boor ma blanket. Did not sec the accused there. The course of the bullet was downward and backwards. The musck-3 overlapped each other so as to prevent deep probing. Bippotd the bullet to have struck the spine from subsequent paralyses Supposed the ball must have lodged in the spinal column. Could not say precisely where it lodged. Did not know who wrote the affidavit for deccjised. Knew that by request of deceased. Judge McGrew had male several alterations in affidavit. Deceased had sent for a clergyman before the deposition was read to him. Sunk considerably during taking of aeperittnr^ The bullet would take an upward direction if prisoner were lyiiu.; on his back and the deeea! Ed over him, &c, &c. « The testimony in bulk, although perhaps very essential to the case, would notbc so to the' reader. The .wit ness spoko BO low at to be hear J with ex-

L— LIZ-LI ~ / *•' „■■ ' • treme diflSculty ; and if errors of fa* t should occur IB our^report, It will arise entirely from this fact. |?;1 Judge MoGrew examined. Que.-tion by Prole^ cuting Attorney.- Had you this case before you'in j September T '"Answer. 1 had it before me in Auj gust. I ; ". .;rjy_- » ."jJ'j-w. *;i-s- .-.13.-... The witness then testified to; the character of the : i deposition of deceased, v He did not know who had I written it. lie bad interlineatcd it at the request of deceased. v Considered deceased entirely sane at the • time of reading it. It was not signed by deceased. i Had told deceased that his signature was not essential, as he was weak and suffering much pain. Had appended a note; to that effect, &c. ,/. *" ! '; ■':.' \ I The Prosecuting Attorney, then offercn the depo- " sition in evidence. i' Objections were made- by de- ! fendants' counsel, and argued in his behalf by J. '■ W. Long and Col.- Saundcra who considered the sig- ■ nature essential under the statute, and , that . the testimony of a dying man was not admis^ablo against a hated i enemy or rival. Objection overruled by Court and deposition received. l • — — Crockett examined. ; Slept in the back part of the hntue over the kitchen where decensed was '• shot. 1 : Kept bar for Mrs. Newburg.- Heard a crash early in the morning. V Sprang out of bed and re- ! paired to stairs leading from Saloon. Saw two men • engaged iv a scuffle 1 One of them had his head. . down. Caught AleAnlie in his arms lifter he was shot Heard Ncwburg threaten the life of Mis. N. ; the evening previous. Did not hold a conversation • with any person declaring, that he not only kept liar I for Mrs. \'., but took certain liberties with her, &c. . ' Nr. Ketchum,; police officer, examined. '■ Was : passing the scene of the difficulty curly in the inorn--1 ing. Met Xewburg. who' asked him if he were not i a police .'officer" Told him be was. Said he had shot a man,'. and. wished to deliver himself up. Prisoner was ' bareheaded. Returned with him to the house to procure his hut. . V- •-».■'■ ■■/. * >i~.' '■■■ i Witnesses and jury instructed by Court,' and ad- ■ journc'l; "'''."■'-;".'' ■■■-, ••., : ;.•• '■;■ 'i : "... .'..; '■ '. "".,", i i - The following is the deposition of the deceased, alluded to-, taken before "the Recorder; : -'•""'' j i.TM.Veopte vs. unit m ' A(1( *»»•».- In tin 'Recorder's . Court, Anir 23 J: 1852, on the charge of an assault with • : intent to <-<>inmit murder :*f ! '- . - - ; Jnriii-s McArdle being duly sworri. fajs he live? in S:i- --": crnmeuto city. and -is engaged in keeping the Auction ; Saloon.-' 'Last t-Vfiiin^, «jut at tin- Suloon Mrs. ,\r«. '' burg.'on'J Btrc'et; Mr. nml Mrs. Xcirhurjjliiid a <iu.irri.-l . ' Mr. N. threatened the Ufa of Mr* N. and ,-i!s<> the life of r Mr. Henry Winkb. %N. requested McArdle.-to , st.ty. *. her husband was UfirikJiji;. ..Hi; (McArdle) liun > laid on tho sofa, at a late hour. ■ 'NWwburg waS iptoxicatI cd. and laid upon another sofa in the .-:iuic mum. divided , only, by curtains, i' During this tine". ' Mrs New burg was attending bar. At atjnfit (F:iybnnk. Mr. Newlmri; came k* to .McCiirdlfl iiiil jacked, him what lie was i!<>iu<r there.' .. ■B^i'd'snid.Jt was time' he" wa<j jroinf: ln'ine. MeAnlle re- 1 ' plied that he was, thereto protect Mis. Nevlniij^ i\Cw. < ' burg then raised a chair, threatening to Btr lie MeAnlle* McArdlo then caught him by the hair and clothes, holding him to prevent his striking him with tile chair, when i Newburg. with his head downwards, shot ,McArdl«. INo H penot) was present iv ; th ■ room except Mr. aud Mrs. 1 Nev^liurn and iMeArdle.' 1 Gave Mr." Xcwburg. no other ■ provocation than is contained in this statement."! This occurred in"Sacraaicnto city. . i „ .r t <? Iv- „-.;,-- -< The witness being able to write, 'sworn to before me ■ this 23d day of August. 1852. _„.',.. . ; . • Wm. 11. : Mco»k\v, Recorder. Sacramento. ; j . Recorder's Court. . " . , liroßt .1 Ul> O X M! C. HEW., . : ■ r- /. Qtr. Monday, Dee. 155. 1352. ll'in. ][. Junes for disturbance of peace, by brawl-'.' , ing, tiircatoningto fight, &c. Plead guiltj-. Fined • $5 and costs. ' - : .r5,.:*. >■ • " i" ~ Rcht+ Byron for. drunkenness" and disorderly conI duct, riead guilty. Fined $10 and cos's. This • defendant had - only ' been discharged from a higher ' Court a few days ago, for want of prosecuting wit- ! nc;sw. He has commenced a career of recklessness • rather early under the orcarastaneca, and will b°ar . watching. ■ : ij • • Court adjoiuncd till 2 o'clock r. Si. . ; ; Two o'clock p. M. — The Judge having been attached as a witness in the ease of tbe State against Julius Xewburg, there was no further session.'' Justice's Co nit. 1,1 ro 1 1 i:,-c.\ i.t c »'»: i. i'.Je i< . . : .;.■ n^ATIIUP^V^.DcC.II.;. . iJcnnr/t §• Ihivcs vs. Rvtker $• Bury. — for $500 — for use and occupation of W^ of Lot 4, in the square between Aland N,and 27th and 23ih streets Answer filed, and continuance : granted to defendant ; till 1 lib, 2v. m. Henri/ Dyer. vs. James Refers.— A ct ion on account : for work and labor. On motion of Thompson, Attorney for plaintiff, the case was continued to Monday, on account ofthe sickness of the senior couusel. Bishop Good rich vs. G. S. Atkins;— Judgm 'vt against the plaintiff Dec. 10. This day plaintifi" moved to set aside the ■ order jli.-missing the cause | and reinstate Tit upon the docket. Motion' over- ■ ruled;' ■■''- «*^ ';/>; ; l . ,;\ ' /' .: :,■-■ !• : Monday, Dec. 1.1. • Henry Dyer xi. Janus Rogers.— Cause argued and submitted to the Court. Judgment reserved till Tuesday, 10 A. K. '. „. Rosa Hcvghis vs. J. IV. Bell.— Action on account for $si. Dismissed upon c^ach party paying half the cost . M. Frank vs. Shaw tj* Utycr.— on account for $210. Defendant not answering, judgment rendered for plaintiff for the above amount with costs. ■ . ' J. B. Ghtes vs. Jtf. Sfotebray, — Action by attachment, upon a promissory note for $217. ' Judgment for plaintiff for want of an answer, for the above amount with costs. > .';-■' '• " . • "•/■ ■ • ■ BEFORE 11. .O. ];F.ATTY. • Monday, Dec. 13, 1532. ' Frank While vs : J. K. Dunbur <$• Co.— Action on account for $4-3. The defendant moved to quash the Summons on account of informality." Notion overruled, answer filed and case continued. John Ritcr vs. J. IViincr 4" Co. — Action on acconnt fur $400. Case compromised and suit dismissed at cost of the defendant. :• — ■ An Execution, at Athens. —The Trieste Gazette has the following from Athens, dated the 27th alt. : — "The murderer of the minister Korfiolakia has been executed. He had written a letter to the widow of his victim, to entreat her to implore the clemency of the Queen, as tbe real authors of the murder were at liberty. The Queen refused, and the execution was fixed for Sunday last. : Another murderer was executed before him, and when his turn came ho advanced boldly towards the scaffold, and attempted to read a_paprr to the crowd, but w.ts prevented. He then drew forth a long knite; and was -about to stab the executioner, when the. latter struck him a. blow on the heal. He then raised his knife n^ain.but the executioner with his knife .stabbed him, and he fell to the ground. An assistant executioner then stabbed him in the back", and the executioner' repeated his blows, indicting seventeen wounds in the whole. When he was dead, the form of execution was proceeded with on the dead body." v ■»- The Spectator makes this affectionate allusion to .Louis .Napoleon's re-establishment of the Empire : " France, we say, accepts him ; ■ and, with one passing and uncontrollable protest, on behalf of human kind and human progress, even on behalf of his victimised accomplice, France herself, for the sake of the few, righteous m?n that arc numbered among -Tier ; children, we accept him as a fact in history— as we accept cholera — :«s we accept plague, pesti-* lence and famine." .: .' „ ; '■ . -„;i- Bust. of Fillmohe— The Baltimore American says that a number of gentlemen ; Senators, members of Congress, Judges of the Supreme Court, and • citizens r of both political parties, have employed" Mr. D. Stone to execute a bust ' in pure Italian marble of Mr. Fillmore, with the design of having it placed ; permanently in the Presidential mansion, as an appropriate 1 testimonial to the character of one who has so greatly, adorned and dignified his high position. ! •> "Home as Found."— Mr Polbemus advertises big friends and customers that he is "at . home again," having fitted himself up nicely in a now truilding at the • old stand. ! If he can't { supply the wants of the community in good med!cens and all other articles in the Drug lfne, he would like to know who cm. i, Those who hay curiosity in the matter can atonic resolve their doubts by giving him a call.