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.  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.  They were not returned to the State until after the Committee had disbanded.

The next who suffered death at the hands of the Committee were Hetherington and Brace.  Hetherington was an Englishman, a man of considerable wealth.  He was six feet stature, of heavy form, strong in muscular power, equally so in will and purpose; and he was overbearing in his nature, violent in his passions.  He was possessed of valuable city property.  In a difficulty over a lot toward North Beach, a few years before, he had shot dead Dr. Baldwin, who had located upon it and claimed it as his own.  He was tried and acquitted.  Hetherington had had money transactions with Dr. Randall, formerly Collector of Monterey, and owner of a large tract of land in Butte County.  He had loaned a large sum of money to Randall, which Randall seemed indisposed to pay.  There was some irregularity in the note or in the mortgage bond.  Randall contended that these were made at the instance of Hetherington himself, and insisted upon the theory that no man can take advantage of a fault of his own; that every man was bound to do exactly that to which the law held him, and equally bound not to do anything to which the law did not bind him.  Consequently, inasmuch as the fault was Hetherington’s, he was therefore absolved from the payment of the note.  One afternoon, Dr. Randall took quarters in the St. Nicholas hotel, on Sansome street, west side, between Sacramento and Commercial streets, kept by Colonel Armstrong, and sat in the office room, in conversation with Colonel W. W. Gift.  Hetherington happened in, accosted Randall and abruptly demanded the payment of the note.  Randall responded evasively.  Hetherington’s choler rose, and he came upon Randall in threatening manner.  Randall ran behind the office small counter.  Hetherington pursued him, caught him by his long beard, reaching to the middle of his breast, and threw him upon the floor.  As Randall rose, Hetherington drew his pistol and fired.  The shot was instantly fatal.  In brief time, Hetherington was arrested by an officer of the law.  A force of vigilance officers demanded his surrender, took him and hurried him to the Committee rooms.  Through this action the lawful authorities were forcibly prevented passing upon his case.