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lie was oae of tin- editors of the Ne v«d:\ Journal. The defence ther. ob jeeted to Mr. Sargent acting as clerk <>l the eoui'l, and moved to s ■! aside proceedings in (he case, on account ot an article which appeared in the Nevada Journal of that morning, v hieh evinced, the defence deemed, that he was greatly prejudiced in the matter. Thu /district Attorney re inoa-i rated against llii , as the clerk had no power to alter the evidence, and as all the evidence appearing on the record had been road over hy the clerk, and assented to hy the defence. The court decided that Mr. Sargent act as clerk, and the defence withdrew tin! objection, stating no personal dis respect was meant to Mr. Sargent. J. < . J/orehead’s statement —On Thursday of hist week I went to In dustry liar, ami on my arrival there I was met hy /Tibbie, who stated to me he had had a difficulty, with Lundy. He stated to me the following circum stances : “on the discussion of some rpiestion, a difficulty arose between myself and Lundy. 1 made a state ment, Lundy said it was not so, sir. 7 then, us near as 7 remember, gave Imndy tire lie, on which Lundy called me a lying son of a b—h, upon which / said / would hold him responsible.” /Tibbie asked me to act as his friend. / stated to him / was his friend, and would do any thing for him / could, and that / would go and see Lundy, and fry to arrange the difficulty nnii •eably That if there was a duel on foot, / would have nothing to do with it. /then went to see Lundy. He explained the circumstances as he un derstood them, and asked me if / was ;to art as /Tibbie's friend. I told him distinctly / would not if there was any hostile meeting to take place between them. /Tibbie came to me again and asked me if 7 would act as his friend, and / again told him that 7 would in trying to reconcile them. / again j spoke to the parties, and told them it •would l e better to settle it. That was lon Thursday afternoon, about one or | two o’clock. 7 told /Tibbie that / was his friend, had acted as such, and I would do so in future if he would conduct himself in a proper manner. (This is what occurred until I got on nny horse and came to town, about 3 p’dock on Thursday afternoon. On /Viday / understood there was r.n offi cer going down to arrest the parties (concerned. 7 went to this officer and asked him if he was going down. He told me he was, and 7 told him / was poit'o bio. We missed each other, {somehow, and / went on down to the (Bar, where /live, if is my home, and got there just about sundown. /Tibbie Was absent and arrived about seven or eight o’clock that night. 7u con nection with some other persons / (went to him, and pleaded with him, | not e earnestly than / would plead at this or any other bar for mercy, to settle the matter with Lundy. He Wave mo but little satisfaction, and 7 Bet him alone until nine or ten o’clock that night, when / went again and 'asked him to abandon the idea of Imeeling Lundy in any hostile manner. | He gave me no satisfaction again. / dropped the subject, after / saw that all my efforts to adjust the difficulty 'amicably were in vain. A ext morn !ing /spoke to him again with the same (result. / acted ns a peacemaker, in |tnc capacity of a friend to the parties. II regret the occurrence exceedingly. I introduced /Tibbie as my friend on the Bar; he shared my hospitality, find I felt interested jn his welfare. No pains were spared on my part to kettle the difficulty. Charles E. G. J/orsc's statement. — reside in Nevada city, and have been be last two or three weeks at Industry Bir on business. On Wednesday! ‘verting last 1 wus sitting and talking vith some friends, /Tibbie and Lundy icing in the company. Various ques ions had been discussed, and Messrs. Dibble and /umly took a prominent mrt in the debate. Dibble made a (notation from some authority, and Lundy remarked it is no such thing, eferring to the authority, or words noted. Without giving Aundy time o sustain what he said, /Tibbie arose nd said you are a d—d liar. 1 'pou vhich 7-uudy arose with the apparent ntention of committing an assault. I ,’us sitting between the. parties and ftlsed my arm and warded him off. remarked to him he was making a »ol of himself, as there was such a liscrepancy in the size of the men. le stepped back to bis seat, and fold Jibb’c he was a d—d lying sou of a —h, at the same time explaining that e had no reference to his mother, but ad particular reference to /Tibbie and is conduct. /Tibbie then challenged tin on the spot. 1 cannot say that .undy accepted the challenge, but lid ho was responsible for what be ad’said. Upon which /Tibbie said he ■tended to make him so, with various treats, as that he would shoot the eart out of him. /Tibbie remarked mt on the at rival of a friend, whom 2 expected on Thursday, the affair mid bo settled, or to (bat effect. I as applied to by the friends of /Tibbie act us his second. I nio-t positively •dined, as well as Gen. Morehead. did however enderiVor to make peace tween the parties, from that time, itil the duel came off. I never eon • i lured tiivsclf ns ;i M.-uu;al, or thought that any hostile meeting would mm-' (>‘h hiit am on tlu; best of terms w ith < urn. J/on head, /-undv and />jl>l •!«*. ! was a friend to all parties Concern d. i told /dibble, probably not two mo ments before they stood up to shoot, that a withdrawal of the, challenge on his part, would s, tt](. tlie difficulty. That /.tindy had no ill-feeling towards him, to which he responded that he would dio first, and culled him also a son of a b—h. 1 here were alto two other gentlemen on the ground acting in the same capaeity jrs ourselves, as I peacemakers. U was admitted by the prosecution, Mr, /icminglou not being present, upon w hom the defense relied to prove tin; fact, that J/essrs. J/orao and Mora head had tried to settle the dilHculty. Tlie parties were bound over to ap pear at the Court of Sessions, in the sum of one thousand dollars each. Mr. 7,undy waved examination and gave bonds to appear. Sn-rosEn Murder. -TheMarysvill# Ex press says that portions of a man. suppos ed to have been dead several weeks,wore found upon the Downieville trail, about duce miles below Fosters liar, a few lays siuce. ‘ The upper portion of the head was fractured on the frontal por tion of the skull, above the forehead; on the hack part, also, was tfie appearance of a wound from some pointed instru ment that had not penetrated the skull. I'he part discovered, and which may lead to a recognition of the individual, is described as follows ;—I ho hair was of n sandy color, mingled with grey, rather coarse and curly; the teeth were gone, whether removed by ago ir vio lence, the parties could not determine. The person is supposed to have been about fifty years old, and to have been killed by blows from a pick. The head was buried near the place where it was discovered. - ’ U’oNnmrui, Recovery.—-Wo are in debted to our friend, Dr. Teed, for the following extraordinary statement which may he strictly rolled upon : Two months since a man was attack ed by a large grizzly, and received the following injury : The left external ear with some three fr|unre inches of the scalp covering the temporal region, were entirely torn away. The skull was fractured, and one square inch of the parietal hone was removed from the co ronal border, near its anterior or infe rior angle. The niece of bone is pre served in which may he seen the fur rows which lodge the ramifications of the artcria meningeu media. Tlie ar tery and dura mater were not injured. There was a compound fracture of the loft third rib. A hull also passed through the left arm, from Ins comrade shooting at the hear during the scuffle. Tlie hoar was killed, and the man is out of danger, and rapidly recovering,”—Ex press. Lost!— Ten dollars reward will he paid to any person returning a dog of the terrier breed, which strayed or was stolen from this office oa Saturday last. The brute was mostly of a brindlc color in the vicinity of tiic head ; his body was partially shaved; he had one good eye. an car cropped, a tail which loft the body in a perpendicularly upward di rection, then slightly inclining earth ward and closing with an e pressive curl. Ills fore-legs were destitute of hair, his nose chilly, and he answered to the call of “Types.” Said dog was of small dimensions, very sagacious, and “ death on rats, -- IJniun. Two legged rats we opine. Hi.oodv Tragedy.— Wo have this week to record one of the most cold blooded murders, which the annals of crinio can well furnished. The murder was committed on Sunday morning Inst, at the residence of Mr. John Bonsor. at Sauvie’s Island, in this county. The fuels, as near us wo have been able to ascertain, are ns follows : The murderer whose name is Creed Turner, formerly of Kentucky, had been for sometime boarding in the family of Mr. Bor.ser, and the young man who was murdered, whose name was Edward A. Bradbury, formerly of Cincinnati. Ohio, had been hoarding in the same family. The two persons had never been known to have any difficulty, hnt on Sunday morning, as the family were all sitting in a room, unconscious of any danger. Turner came ;u, and stopped to the side of Bradbury, and with a dirk knife, gave him six stabs—throe in the breast and three in the abdomen This was all done so quick that those in the room were hardly conscious of what was passing until the work of death had been accomplished. Turner was immediate ly arrested The foundation of this act of Turner’s is supposed by some to have originated in a fealing of jealousy towards Brad bury because he imagined that Bradbury commanded the respect ami friendship of the family, including a young Miss of some 111 or 14, to a much greater extent than ho did himself. Turner, it is said, evidenced no sor row at what he had done, hut said that he hud thirsted for Bradbury's blood for some time ; and expressed a wish that he had killed himself before being arrested. —Portland (Oregon) Times Oct. 215 d. CC./'rostcr. of the Aew York Day Book, says: “ll our wife wanted to run away with another man, we would bid her God speed for wo think to muck of her to see her want for any thiny.” fir’if" Freeman & Co, shipped by the steamers of the first instant, the sum $107,000. TH H.TOI iRNALJ A. A. FAKi;I:ST AND V C. AI.HAN, Thaixiay .Tloiiiiii;;. A'ov. 4». Ti c ConiNe of the Journal. Tin; conductors of a public journal arc always liable to censure from some portion of their readers, whatever side of a question they may take, whatever line of policy they may pursue. The same editor, in the various minds of the community is too moral and too immoral, too independent, and too subservient, too conservative, and too radical, too cautious, and too free spoken, and let | him free his sheet ofovery political hue the Democrat can see ho is a Whig, and the Whig as clearly that he is a Democrat. We have not learned this since wc have issued the Nevada Jour nal. At the start we knew the peculiar difficulties of an editor's position, the misconstruction of motive—the preju dices of every hu i to he met at every turn; and knowingall this, wo laid down ,in few and simple words our plan in the conduct ot the Nevada Journal, in order that all might see it, and know what to.expect from us. In the first number under our charge we said ; "I hat the patrons of the Journal may know the line of duty marked out to regulate the future conduct of the paper, we take this opportunity to state that in reference to the questions that may I arise in the public mind, on nil occa sions, wc shall speak freely, boldly, and independently. We shall make war upon t he prejudices of no party, but wc shall he led by no party. Our aim will bn to make our sheet an acceptable business and family paper, with a pure moral tone, a careful selection of matter, and such attention to public interests as may be expected from a public spirited journal."’ W e believe we have pursued the course indicated in the above extract. |O n all occasions we have spoken boldly, j fearlessly, independently. Wo have not cautiously felt after public senti ment, and after finding it, giving it as our own. W bile wo have studiously kept our columns free from personali ties and low blackguardism, making war upon the prejudices of no party of men, we have disdained to bo led by any party-, on the contrary, on every topic we have expressed our own con-1 s.ncntious convictions, after attentive j and careful reviewal, and mo t espe-) daily have wc thrown whatever influ ence our position gives, on the side of: correct morals. Wo have met with! much approbation in this course, and j nothing could bo more grateful to our feelings. Wc have also encountered opposition, and on the occasion of our article against the barbarous practice of duelling, that opposition has amount ed to threats—threats at a distance, a rumor of violence, an undefined and omincus muttering, enjoining careful ness on our part, or consequences in the shape of codec and pistols, personal chas tisement ‘-and a" that.” Now if it is supposed for a moment that wo arc to be overawed, and prevented from the declaration of our views in any matter whatever, in any manner whatever our conscience may prescribe by any inquis atonal nr ode of practice, the supposition is an egregious error. Wo owe a duty to the public, and shall fulfil it. Wo owe enc to our own principles and self respect, and shall observe it. And while we are the proprietors of a public print, owning paper, press, and type, we shall use our property as wc think best, and have an inalienable right to do so, as much as any man has to sell his goods, or ride his horse. There is al ways a remedy in the hands of the pub lic. If a paper is wrong the public can refuse to support it, and it ceases. But to endeavor to cramp and trammel the press by any other moans is an idea in consistent with republican feeling, and subversive of every principle of right. It is not consistent with our tempera ment to submit to it, and we will not. We shall publish an independent paper whi e wo publish any, and when we cannot express our own convictions un traroelled, wc will cca-o our vocation, and earn a living in some other way. The parties engaged in the affair, to which we referred on Saturday, we have r?ason to believe have the best of feel ings f«r us, and wo have not referred to them in the above remarks. But some meddling bodies, who are not satisfied without every thing is their own way of thinking, have been reading lessons ( sub rosa ) for our benefit. Wo invite those gentlemen to call up and see us, and we will take their teachings in bet ter part, when uttered to us personally ; and wc think we can convince them that all the threats in creation cannot alter or prevent any course wo may think it right to pursue. We have no disposition to do injustice to any one ; and when one of the parties charged with being the seconds in this duel, called on u$ Saturday evening, we show ed him at his request, our account of the affair, ami though It was in type, altered it throughout, so ns to give the circumstances as ho stated them. ream - ■ ing tlia right to make whatever edito rial comment- wo thought host. The many extenuating cin umatanccs in favor of handy whhdi wore apparent 1 in the affair had full weight in our mind, and wi* therefore refrained from any. even implied, censure on him. And we have been convinced since then that he did his best to avert the meeting, so far as the commonly received notion of men of honor will admit, and even more. On tlie evening previously, lie fired at the tlame of a candle at eighteen paces, with a revolver, and out of the six shots, four times snuffed the candle, and twice just grazed the flame. He told persons around to report this to Dibble. And ho solemnly told Dibble, that if be was compelled to take his station ns a mark for him (D.) to shoot at, he should cer tainly kill him. At the last moment, he expressed his willingness to forgive the insult, it D. would withdraw the challenge. D. seems to have been go verned by some infatuation, and to tbe latest moment refused any accommoda tion, when urged by the seconds repeat edly, and knowing F.umly’s deadly skill, and his willingness to make up the af fair amicably. In our strictures on this aflair wo stated our belief that if seconds refused to act in such matters, duels vvoald fall through, and we believe it to be the case. Men would not go out and fight singly like dogs: they need the sanctifying influence in the public mind of u pomp and circumstance and if the law can be made to deter seconds, it will prevent duelling. In the present case there are many eTt enua ti n g cir cumstances, and as we before remarked, wo should deeply regret any evil that might hefal at least one of the parties These extenuations will be likely to have effect on the trial jury, amt wc hope they will. At the request of the parties, though it is somewhat of a tax on our space, we publish the evidence given in the ex amination. verbatim. The Challenge.— ln our last, the crowded State of our columns prevented our giy.ng an account of the barbarous outrages on the crew of the clipper ship Challenge, by the captain, Waterman, and Douglass, the mate, which intelli gence arrived on the night of publica tion. Jho must sickening accounts are given of the condition of the crew when boarded by tlie officers of the port—their limbs mangled and brui-ed, and many of them at the point of death. It is said that ton men have died on the pas sage from the brutality of the fiends in the shape of captain and mate, it is said that on one occasion, the men in in the yard not reefing sufficiently fast to suit him, Waterman cut the halyards and let three of them off into the sea, where they were drowned. Jho captain and mate escaped from tiie ship before it came to moorings. A largo mob of boatmen and others sur rounded the counting room of Messrs. Alsop & Co., and searched it to obtain possession of the villains, hut did no fur ther damage. Douglass, however, was captured on the morning of the 3d inst., in a cart, covered up, on the road to San •lose, lie said ho was on his way to Monterey to meet the steamer. The captain was supposed to bo ahead on the road, and a party wore in pursuit of him The citizens of San Francisco know bow to use such scoundrels, and wo hope they will give them their de serts. Ihe ship has been libelled liy the I nited States Marshal, on a suit by the crew. Steameii Edition, —We shall issue in time for the steamer of the 15th instant an edition of the Journal for the Atlan tic States, containing fifteen or twenty columns of news and reading matter, made up especially for the states. The steamer edition of the Journal was pro mised long ago, and frequent inquiries for it have been made. Circumstances arc now such that wc can supply the desideratum. It will ho printed on the beautifully white paper of our present issue, and in other respects will he cred itable to the character of printers in the mountains, and to the city. If the en terprise is encouraged, we shall issue a steamer shoot regularly. On papers sent from the office of publication, there is no pre-payment of postage. Bold Kobweuy.-- JFhile two miners working a tom on the ravine at the loot of Oregon Hill, on Tuesday last, were at dinner, some unknown persons robbed there riffle box of the proceeds of the previous work, being about two hundred dollars. WSuEditors of papers below will serve the cause of humanity by inserting the advertisement asking information of Thomas Birch, of Morristown, Belmont C 0„ Ohio, Proposed Incorporation of Valley. We hove received from Grass Valley a communication giving an nccount of a mooting held there on Nov. 3d, of which Hr C. I). Cleveland was chairman, and T. ( I . linrg'.ss Fsq Secretary, the object of which was to propose for considera tion ou Saturday evening next, a plan for the temporary orgaization of the place, and an application to the Court of Sessions for an incorporation under the Statute. Gen. A. M. Winn offered tho following resolutions, which will be considered : Resolved Ist. A town council of seven members shall be appointed whoso duty it shall be to have a plan of Grass Val ley made out, with wide streets, and convenient sized lots for residences and business purposes. 2<i. They shall designate tho mode of taking up or settling lots, and provide means for their propel registry. 3d. i hey shall lay off and set apart a burying ground church lota, and such other public lots or squares as they may deem necessary, and properly designa ted them upon the map or plan of said town. AtU. They shall apply to the court of Sessions for an order to organize the cheapest government of a town known to tho Laws of this -State. s lh. They shall make a fair and full representation of the map and registry of lots through our Senator and Repre sentatives in Congress to the Congress of tho United States, asking a donation of the land to the owners, or occupants of lots, and a donation of the balance to the town lor the use and benefit of its inhabitants, and improvement of the public preperty. ijli'i. Wo will abide tho decision of said counqil until the organization of a town government, for which purpose they shall organize as a municipal body, making their own rules and regulations, and calling together the inhabitants for consultation as often as they may deem necessary. " ih- The magistrates and constable* of the township shall bo the only Judi cial and executive officers of the town government. Wo have for some time past been ex pecting a movement of this kind on the part ot our neighbors, in consequence of their rapid growth both in population and business. Indeed we arc rather surprised that it Ims not been made sooner. The laying out of streets to advantage—a most important matter to the inhabitants of a village, cannot be secured, except by public authority. If it is left to individuals to select their own sites tor buildings, the consequence will be that the streets will-bo crooked, narrow, and inconveniently located. '1 ho form of town government is pro vided by statute—namely, five trustees, a marshal, collector, &c. No provision is made for any compensation to these officers, except that they can themselves fix it by passing a bye-law. Hut it is hardly probable that they would require any pay, unless it bo the Town Clerk ; ami in short the people at tho ballot box would virtually regulate that matter I bo expenses for promoting public com fort and convenience, for example, by repairs of roads and bridges, weuld not probably exceed the cost of doing the -amo thing by private contribution. Wo have always been at a loss to con ceive on what ground tho Legislature of this State fixed the size of incorporated towns at three square mile*. This tract if laid out in tiro form of a square would bo only about one mile and three quar ters square. With so small an extent of territory, in many of our settlements, some property would bo free from tax ation, which would derive ns much benefit from the organization as any in the town proper. lie commend tho matter to tho attention of our Repre sentatives in the Legislature. As to one proposition expressed in the resolutions, wo believe that tho course recommended is unnecessary ; we refer to tho proposed petition to Congress for a grant. Tho mode of obtaining a title to town lots has already been prescribed by Congress, by the “Act to ascertain and settle private Land Claims in the State of California, n passed March o, 1851. Tho latter part of Section 14 is in those words:—“Where any city, town, or village shall be in existence at the time of passing this act, the claim fur the land embraced within the limits of the same may lie made by the cor porate authority of the said city, town or village."’ That is, ns the context shows, tho claim is to be made to tho Commissioners appointed under tho Act, and they have power to make a grant of tho land within the limits of the village. For the pur pose of securing such grants we pre sume that hundreds of villages in this state will soon apply to tho Courts of Sessions for incorporation ; and thus se cure protection to life and property, and especially, permanence and stability to our settlements. Foot Rack.— An interesting foot race came off on Halt’s Ranch,-near the Mer ced, a few days ago, between Mr. Wm. Howard and one of the fastest Indian runners in the country. The victory was gallantly w n hy Mr Howard. i)is tance, one mile Stockton Hep Arrival of tiif, Panama. Wo are indebted to Gregory for (ho state pipers this ove ll in". In tho .Sacrum nlo jour nals wo find intelligence of the arrival of the mail steamship Panama, but no news ol importance. The Cuban affair had entirely fallen through, and rll pa'ties seemed to give it up. The conduct of the British consul la highly praised in reference to the Ha vana prisoners, ho bestowing every at tention to them—while the American consul basely deserted his countrymen. Buffalo was visited hy a terrible eon- I flagration on the 20th of September, which destroyed a large portion of the ; city, extending from Main street towards Black Rock. The loss is very consider able. The Michigan Democrats have nomi nated tho Hon. Robert McClelland for Governor. The Whigs of Virginia have nomi nnlei f or governor of that state, George VV. Jeomers. President Fillmore passed through New York about the 20th of September. .1 Fenimore Cooper is dead. The “Express.” —A now paper called tho Express has been started at Marys ! villo, by Messrs. Gee, Giles & Co, the 1 style of execution of which and tho j ability of its first numbers is more cred ; liable to its conductors than its usage of ; its cotemporaries. Owing to a scanty ! supply of j apor we sent to our exchange < a half sheet in our last issue, and are ! thus noticed by the Express : “ BgU A piece of a paper from Nevada, through our next door neighbor Frank, ! brings us no news." In another part of tho paper it gives our account of tho duel in the No. of Journal referred to, verbatim ct literatim, ct punctualim, credited to the Transcript! That paper in copying gave us honorable credit and the Express must have ob served it. Now, in this matter the Express is either stupid or it designed us an injustice. The latter is perpe trated at any rate, whether designedly or not. Come gents, apologise, and tell us whether we are to expect fair play or something else. BPi- We wish to direct the attention of our readers to tho advertisement of S. Savage, jewel-smith, at Sacramento, who is uu fait at every branch of his business. We have seen a most beautiful Masonic emblem designed to bo pre sented to J, F. Halsey, by the lodge in this city, manufactured by Mr. Savage. Now that ornaments are so much in re quest for transmission to friends in the states, tho skill of such an accomplished workman can be well called in re quisition. {(S’*Mr Leaehinan, of Florida 111. Ims a mule which kills and eats every snake that falls in his way. '1 he College. —The work upon the Catholic College in this city, has been suspended until sufficient funds can lie collected to carry on tho buildings to completion. In tho moan time, the priests have a school in tho house of the curate, where about twenty students I arc taught the elementary branches in j tf |e Spanish, English and French lan i guagos. Protestant, children arc ad ! aiitfod, and in ensrs who o tho parents S particularly desire, they are not com j polled to attend mass, confession, etc I lie number ol scholars is gradually in creasing,— Las Angeles Slur. Desecration oe the Sabbath —A troupe of circus performers preceded by a band of music, paraded through tho streets yesterday as the congregations wore returning home from morning ser vice V\ c hope our city fathers will act promptly and effectively on the pe tition shortly to ho presented them for tho suppression of Sunday amusements. Union. F'rom Sonora. —Tho Herald describes a quartz machine, put up on Wood's Crook, by Lacharme & Co: “ The machinery consists of twelve stampers, which first reduce the stone to a coarse powder. It then passes un der rollers untill completely pulverized, and finally is transferred to tho amal gamator. This last consists of a basin or vat, in which revolves a vertical shaft having four arms, similar to a rake, the teeth of which continually stir up the powdered stone, and bring the panicles of gold in contact with the mercury. It js estimated that this machine will grind six tons of stone daily.” We copy the following items from the Calaveras Chronicle: A chicken was killed a few days since at the New York Flat, which, when dis sected, yielded fifteen cents worth of fine gold, which was taken from the craw. O, “Hulks!” New Albany.—A very rich quartz vein has been struck at a place called New Albany, about half a mile north of Angel's Camp. This is tho most aston ishingly rich mine we have heard of being discovered in California, one pound of the quartz rock having yielded near ly of gold. The vein was struck by Messrs. Davis & Co., who have wash ed from the surface dirt $lO to the 100 pounds. Death, 1 Geo. M. Dibble, of Detroit, Michigan, at Industry Bar, on the Vuba, on Satur day last, aged "G. Detroit, and lis. .Maryland, papers please n nv