Daily Alta California, Volume 19, Number 6420, 13 October 1867 — THE COTTER-MCKINSTRY CONTROVERSY. [ARTICLE]

THE COTTER-MCKINSTRY CONTROVERSY.

We commend to our readers the following straight-forward and explicit statement of the inhuman treatment of the victims of the Esmeralda Vigilance Committee, which is published in thi Monitor of last week by Father Cotter. There appears to be no escape from the relentless charge made against McKinstry: Editor Monitor: I desire to call public attention to an impoitant feature in the record of E. W. McKinstry, candidate for County Judge in San Francisoo: In February. 1861, Mr. McKinstry was * member of the Vigilance Committee of Aurora, it Ksinoralda. This fact he admitted to me on lasi Saturday. As to the necessity of such Committee I must Bay that tho circumstances did not justify its organisation, and no explanation can exoneratt a man of Mr. McKinstry's influence and professional standing aiding its formation. Having been pastor for Beveral months, I am acqu tinted with tin history of this affair, and I assert nothing for which I have not the most conclusive testimony. Then were three Catholics among those who were executed. As soon as I hoard ot the Vigilance proceedings, 1 telegraphed to a friend in Aurora, requesting him to learn whether the prisoners were to b< executed, lie was informed that they were to be hanged at noon the day following. As soon as th« unfortunate men heard it, at once they sent a despatch to Father Peter Maggagnotto in Virginia The wires wero in the hands of the Vigilantes, and they relused at first to trausmit the message—not was it without considerable anxiety and delay thai it was forwarded. Father Peter, having engaged a stage and four horses lor $190. telegraphed to thi Vigilance Committee that he would be in Aurora at 4 o'clock P. m.—requesting them to delay the execution for four hours. Thia just demand was rejected. Again he despatched, but to no purpose. Such was the condition of affairs on the Bth of February—the day previous to the day of execution; up to 9 o'clook that night, the prisoners did not know that they were to be hanged next day. On the morning of their Inst day, an estimable Catholic lady of Aurora endeavored to obtain a permit from the Committee to visit the prisoners, in order to prepare them, by reading prayers suitable for their unhappy position. This was denied. Now, this act ha- a refined cruelty about it. Why not allow those men »n opportunity to receive advice and consolation wbich could have inspired them with sentiments of contrition, forgiveness and resignation? Why madden the soul by a series of outrages, aud then dash that soul before the Judge of the living and tho dead? The men in the Jail were hoping against hope. One of them said, " I would give a thousand dollars to have a priest." There was no reason why bis request should not be granted. The prisoners oould not escape from the granite walls of the County Jail. Their friends could not break the bars and rescue tbem; but the Committee were not satisfied with bodily tortures. They inflicted on their victims the most acute mental suffering during the hours of terrible anxiety preceding the moment when an armed guard marched John Daly, James Buckley, M. Marston and John McDowell to the gallows erected in front of Armory Hall. A citizen of Aurora, writing, says: " It was terrible to see the poor fellows on the scaffold begging for a Priest, and not finding one, dying in despair." The bodies were leit hanaring until after dark. A few evenings after, tbe Executive Committee regaled themselves at a chanjpagne supper in Armory Hall, opposite the scaffold. Does Mr. McKinstry dare to deny that he was conspicuous on that oocasion? In conclusion, I have to say that lam not actuated by political motives —I write in justioe to the outraged liberty of the dead. Once their pastor, I feel deeply the action taken against them. They may have erred; their lives may have been wild; but their very misery should obtain their dying request—four hours to prepare to meet their Creator. From my personal knowledge of the cemmunity of Aurora, I do not hesitate to say tbat Mr. McKinstry's influence was sufficient to prevent the formation of the Vigilance Committee, and in the circle of the Exeoutive his word was law; therefore, he had it in his power to afford the oriminals every means to prepare for eternity, if he were so disposed. But they are gone. Some may say their memory is not worth defending; but the sacredness of an official oath is worth defending; the insulted spirit of American Liberty is worth defending. Having trampled on rights guaranteed by the Constitution, discarded the holiest principle of humanity, Mr. McKinstry appeals to San Franoisco to elevate him to the honorable position of County Judge. Never shall tbe clear-sighted, patriotic voters of this city tarnish the bright history of California by such an election. Respectfully, yours, Jambs S. Cotter, Pastor, of Saoramento. ! II ,1..k.,, lil.l, H..-7