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Updated: June 18, 2025
You may go now, March; and kindly remember that this affair must be kept quiet," Joel turned with a surprised but grateful look toward Professor Durkee, but was met with a wrathful scowl. Joel hurried to his recitation, and later, before West's fireplace, the friends discussed the unfortunate affair in all its phases, and resolved, with vehemence, to know the truth sooner or later.
Action was brought against Rand and Durkee for piracy, in the United States Circuit Court, Judge M. Hall McAllister presiding, and Judge Ogden Hoffman sitting as associate. The trial came off September, 1856, and on the 23d of that month the jury returned a verdict of acquittal. Adjutant-General Kibbe, of the State militia, meantime made unavailing demand upon the Executive Committee for the arms.
"I know Jim and Katie have some in preparation out there." "Of course," Mrs. Durkee returned, and fluttered away. She had no sooner gone than Lillian gathered me in her arms with a protecting, maternal gesture, as if I had been her own daughter restored to her. "Quick," she demanded fiercely, "tell me just what happened out there when you went under. Did you get a cramp or what?"
At noon hour Joel was summoned to the principal's office. Professor Wheeler, the secretary, and Professor Durkee were present, and as Joel entered he scented an air of hostility. The secretary closed the door behind him.
"Do you know of any one who might like to get you into trouble in such a way as this?" "No, sir," answered Joel promptly. Then a sudden recollection of Bartlett Cloud came to him, and he hesitated. Professor Durkee observed it. "Well?" he said sharply. "I know of no one, sir." "Humph!" grunted the professor, "you do, but you won't say."
Accordingly, on June 21st, as the Julia was on her way down from Benicia, she was boarded in San Francisco Bay by C. E. Rand and John L. Durkee, in the employ of the Committee, and the two captured the schooner, took possession of the muskets, and delivered them into the keeping of the Committee. The six cases contained 113 muskets.
Bayard, Bigler, Bright, Crittenden, Douglas, Gwin, Hunter, Johnson of Tennessee, Kennedy, Lane, Latham, Mason, Nicholson, Polk, Pugh, Rice, Sebastian, Thomson and Wigfall 19. "'NAYS-Messrs. Anthony, Bingham, Chandler, Clark, Dixon, Doolittle, Durkee, Fessenden, Foot, Foster, Grimes, Harlan, King, Morrill, Sumner, Ten Eyck, Trumbull, Wade, Wilkinson and Wilson 20.
A detachment of 700 men followed which included 500 automobile repair men, 100 general mechanics, 60 gunsmiths, and 40 carpenters. These men came as enlisted soldiers and were under the command of Captain, later Major, R.H. Durkee. Five old residences belonging to the University were transformed into barracks, while the still far from completed Union was used as a mess hall.
A less persistent man than John Durkee would have felt justified in giving it up and heading for home; but John had been instructed to cruise until he captured the arms; and he profanely announced his intention of so doing. In this he was more faithful to his superiors than the notorious Rube Maloney to his employers.
Did you get a doctor, Alfred?" "Coming as soon as he can get here," Alfred Durkee replied. "Good," Lillian returned. "Now everybody except Mrs. Durkee get out of here. Katie, bring a blanket, some sheets, and one of Mrs. Graham's old nightdresses from her room. I shall have to cut the gown."
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