vil and criminal,
and I dictated the form of process suited to the exigency. Thus, when
a complaint was made to me by the owner of a river boat, that the
steamer, which plied between Marysville and Sacramento, had run down
his boat, by which a part of its cargo was lost, I at once dictated
process to the marshal, in which the alleged injury was recited,
and he was directed to seize the steamer, and hold it until further
orders, unless the captain or owner gave security to appear in the
action commenced by the owner of the boat, and pay any judgment that
might be recovered therein. Upon service of the process the captain
appeared, gave the required security, and the case was immediately
tried. Judgment was rendered and paid within five hours after the
commission of the injury.
In civil cases, I always called a jury, if the parties desired one;
and in criminal cases, when the offence was of a high grade, I went
through the form of calling a grand jury, and having an indictment
found; and in all cases I appointed an attorney to represent the
people, and also the accused, when necessary. The Americans in the
country had a general notion of what was required for the preservation
of order and the due administration of justice; and as I endeavored
to administer justice promptly, but upon a due consideration of
the rights of every one, and not rashly, I was sustained with great
unanimity by the community.
I have reported a civil case tried before me as Alcalde. I will now
give a few criminal prosecutions and their circumstances. One morning,
about five o'clock, a man tapped at my window, and cried, "Alcalde,
Alcalde, there has been a robbery, and you are wanted." I got up at
once, and while I was dressing he told his story. Nearly every one in
those days lived in a tent and had his gold dust with him. The man,
who proved to be Gildersleeve, the famous runner, upon going to bed
the previous evening had placed several pounds of gold dust in his
trunk, which was not locked. In the night some one had cut through his
tent and taken the gold dust. I asked him if he suspected anybody;
and he named two men, and gave such reasons for his suspicion that I
immediately dictated a warrant for their arrest; and in a short time
the two men were arrested and brought before me. The gold dust was
found on one of them. I immediately called a grand jury, by whom he
was indicted. I then called a petit jury, and assigned counsel for the
prisone
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