USA > California > A history of the new California, its resources and people; Vol II > Part 34
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In 1877 occurred the marriage of Col. Head and Miss Gertie Fuller, a native of Abbottsford, Que., and a daughter of Gibbs and Jane Fuller. His political allegiance is given to the Republican party and he is an active and valued member of the Grand Army of the Republic, being deeply inter- ested in the welfare of his fellow comrades of the Union army. In matters of citizenship he is as true and loval to his country as when he followed the old flag on southern battle fields. His business career has been one of cordiality and substantial development and to-day he is a prominent factor in mining circles of the west.
FG Head
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JUDGE JOHN CALDWELL.
Judge John Caldwell, widely recognized as a leader in political circles and at the bar of California for many years, has indeed had marked influ- ence in shaping the public policy of the state, and is yet actively concerned in many interests bearing upon the general welfare, although he has attained to the advanced age of seventy-nine years. Old age is not necessarily a synonym of weakness, nor should it suggest as a matter of course idleness or lack of occupation. There is an old age which grows stronger and better both intellectually and morally as the years advance, giving out of its rich stores of wisdom and experience for the benefit of others, and such has been the career of Judge Caldwell.
A native of Nova Scotia, he was born on the 24th of January, 1825, and was brought to the United States by his parents when a lad of seven summers. He was then reared upon a farm in Ohio, and in 1850, when twenty-five years of age, he crossed the plains to California, arriving in this state on the 17th of September. Making his way to the mining regions in Nevada county, he worked on the present site of Nevada City until the summer of 1851, when he went up the middle Yuba river and with others turned the course of the stream and worked on the river bed. The follow- ing year the water was turned back into the original channel. In the fall of 1852 Judge Caldwell came to Moore's flat in Nevada county, where he followed mining for two years, owning a quarter interest in the hydraulic plant east of that flat.
In the spring of 1854 he was appointed the first justice of the peace at Moore's Flat in Eureka township, the appointment coming through the court of sessions. He served until the following fall and was then elected to the office, and in 1855 was again a candidate, but at that time was defeated. In 1856, however, he was once more elected justice of the peace upon the Democratic ticket. In 1857 he was nominated for the state legislature on the Democratic ticket, was elected and served as a member of the ninth general assembly of California. At that time there was a division of Demo- crats in the house on the slavery question, Judge Caldwell giving his support to the Douglas branch of the party. In 1858 the Douglas Democrats held a separate convention and nominated a full ticket, on which Judge Beldon was elected county judge by a majority of one and Judge Caldwell by a majority of thirty-four. He had previously read law, and after his return from the legislature was admitted to practice in the district court, and later admitted to the supreme court. He engaged in law practice at Moore's Flat, and in 1864 the Douglas Democrats nominated him for the position of district attorney, to which he was elected. He served for two years, and after the expiration of that term was re-elected justice of the peace at Nevada City, and served there for two years. In 1871 he was elected county judge of Nevada county on the Republican ticket, having in the meantime transferred his political allegiance. He served for four years with such capability that he was then re-nominated and once more elected, so that his incumbency covered eight years. In 1879. after the adoption of the new
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constitution of California, he was elected superior judge for a term of five years, and was then succeeded by Judge Walling. On the expiration of Judge Walling's term Judge Caldwell was again called to the office and once more served for six years. He has not been a candidate for any po- litical position since. Ten times he was before the people as a candidate for public office, and was victorious at each election with the exception of the time when he was defeated for the justice of the peace by the Know-Noth- ing party in i855. After his retirement from the bench of the supreme court on the Ist of January, 1897, he resumed the practice of law, in which he is now engaged.
In 1870, in Nevada City, Judge Caldwell was married, but his wife died March 20, 1896. They had no children of their own, but reared three adopted children, two of whom are still living. One is the wife of John M. Hussy, who for many years was principal of the high school of Nevada City. The other is Aline, the wife of Fred Willison, a miner of Dawson City, Alaska. Judge Caldwell is a Mason in his fraternal affiliations. He has resided in Nevada county continuously since 1850, and he is now a hale and hearty man of seventy-nine years, still active in his profession, to which his career on the bench has been a credit. In his decisions he has always been fair, divesting himself of personal peculiarities and prejudices which so often prove detrimental to the career of the judge whose knowledge of the law is comprehensive. Judge Caldwell's mind bears the impress of the early historic annals of the state as well as of a later-day progress, and his life record has been one of signal usefulness and honor.
JOHN WERRY.
John Werry, manager of the Nevada County Gas and Electric Com- pany at Nevada City, whose untarnished record as a public official makes him one of the valued residents of this part of the state, was born in Corn- wall, England, on the 5th of September, 1852. His father, William Werry, was a native of England, belonging to a prominent family of Cornwall, where he engaged in contracting. He was also influential in public affairs, served as guardian of the poor and held other responsible public offices. He married Eliza Thomas, a native of England, who died in the year 1854, while he survived for thirty years, passing away in 1884. In the family were five sons, the brothers of John being James, an engineer of Plymouth, England; William, a contractor of New Zealand; Richard, who is a brick- mason in Palo Alto, California; and Fred, who is living in southern Aus- tralia.
John Werry was educated in the national schools of England, continu- ing his studies until seventeen years of age, when he crossed the Atlantic to the new world, settling in Pennsylvania in 1870. There he secured em- ployment as a clerk in a dry goods and grocery store in Mahanoy City, where he continued for five years, and in 1875 came to California, locating in Grass Valley. For a year and a half he worked in the Idaho mines of Grass Valley, and afterward accepted a position as a bookkeeper for William George, a grocer, with whom he continued for several years. He then be-
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came interested in business which he conducted for a year and a half, and on the expiration of that period was appointed deputy treasurer by George E. Robinson, filling that position for two years. In 1885 he was appointed deputy assessor under Erastus Bond, and while acting in that capacity was elected in the fall of 1891 to the office of county recorder for a term of two years. He discharged his duties so faithfully and acceptably that in 1893 he was re-elected for a term of four years, and in the fall of 1897 was again chosen for a term of four years, so that his incumbency in this covered ten years, and he retired from the position as he had entered it-with the con- fidence and good will of all concerned. In fact, he made an untarnished record, discharging his duties with marked promptness and fidelity, and in the ten years in which he filled the position he collected every dollar in fees due the county with the exception of a sum of ten dollars. This was a splendid record and was so recognized by the people. In July, 1902, he was appointed manager of the Nevada County Gas & Electric Company at Nevada City, which is his present business connection. He has also been interested in several mining projects in Nevada and Placer counties, and his business record is in harmony with that of his official service, being characterized by untiring activity and integrity.
On the 16th of June, 1880, in Grass Valley Mr. Werry was united in marriage to Miss Libbie Butler, a native of Nevada county and a daughter of Jonathan Butler, one of California's pioneer settlers, who was identified with mining and ranching, and who became one of the substantial citizens of the state, having accumulated a handsome competency at the time of his death, which occurred about twenty years ago. Mr. and Mrs. Werry have four children, three sons and a daughter: Myles P., a machinist at San Francisco; J. Ernest, who follows the same pursuit in that city; Frank Butler and Lou, at school.
In his political views Mr. Werry has always been a stanch Republican, has attended the county and state conventions of his party and still wields a wide influence in matters political. He is identified with all branches of the Independent Order of Odd Fellows, is a past grand in his local lodge, and in the Masonic fraternity has taken the degrees of the blue lodge, the chapter and commandery, and of the last named he has been eminent com- mander. He likewise belongs to the Benevolent and Protective Order of Elks, to the Woodmen of the World and to the Sons of St. George. For the past twenty years he has been a leader in the choir of the Methodist Episcopal church of Nevada City. His is a well rounded character, not so abnormally developed in any line as to make him a genius, but with the strong and commendable traits that work for good citizenship or activity . and reliability in business and for the promotion of social, intellectual and moral interests.
JOHN P. CLARK.
A truly typical California miner is John P. Clark. He is a stalwart and magnificent specimen of manhood, standing six feet and three inches in height and weighing over two hundred and fifty pounds. He dresses in
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the picturesque garb of the miner and is a noticeable figure in any gather- ing. He has the rugged honesty so characteristic of the west, is a highly intellectual man and is a friend of nearly every resident of the community in which he makes his home.
Mr. Clark was born in Illinois in 1837 and came to California in 1853 by way of the Isthmus of Panama. After remaining for a few years in San Francisco he went to Arizona, where he was employed as a scout by the government, and during a considerable period was in the quartermaster's department. During that time he had many encounters with the Apache Indians. He also drove stages throughout that military district of the country, where the Indians were more frequently on the warpath than in any other section of the United States. He was thus engaged from 1866 until 1869, after which he returned to San Francisco, and thence went to Chile and Peru, where he continued his connection with mining enterprises. He remained in South America for three or four years, and then again came to California. Soon afterward he made his way to Idaho, where he was engaged in mining, and participated in all of the engagements at the time of the outbreaks among the Modoc Indians, being an opponent of Captain Jack and his followers. Later Mr. Clark went to Oregon, where he spent two or three years, and on returning to California made his way to Meadow Lake country in 1888. Making a location there he became interested in property in that portion of the state. He has visited nearly every district in the United States in which there has been a prominent gold excitement, but did not go to Alaska at the time of the great discoveries there. In fact, he has been a noticeable figure in all of the western "strikes," including the famous Cariboo in British Columbia, where he made some money.
His record as an Indian scout and fighter is matter of history, for he has taken an active part in many of the efforts to quell the uprisings among the red men and has done most effective and able service in this direction. He was for a long time opposed to the famous Indian Captain Jack, who was afterward executed. The character and wit of this Indian are in a measure indicated by an incident which occurred at the hanging. A man wanted him to will his ponies to him, and Captain Jack in reply said : "You take my place and I will give you my ponies."
Mr. Clark's thorough knowledge of mining has enabled him to triumph over obstacles which seemed insurmountable. When he first went to Meadow Lake in 1888 it was an abandoned camp with numerous ledges of what was thought to be rebellious ore that could not be worked. Mr. Clark, however, realized its value and staked out a large portion of the country, doing the representation work there. In the face of adverse comment from all his friends he remained with the camp from the first day he went there, knowing that free milling ore could be obtained, and he continued his labors until he interested sufficient capital, and to-day the mines are being worked most suc- cessfully. He was the promoter of the Crystal Lake Gold Mining Com- pany, which is now operating some of the claims located by Mr. Clark. This company has a ten-stamp mill in the Excelsior claim, which is turning out a good yield by the free-milling process, and is platting about sixty-five per
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cent of the assay value of the ore. Mr. Clark sold out his interests in the company about two years ago, but has innumerable other mining properties in the district which he says are equally valuable.
The township of Meadow Lake is the youngest of nine subdivisions in the county, and had its rise in the excitement of 1865. The first name given to the region was Excelsior. Although the first discoveries were made by Henry Hartley, an Englishman, in 1863, the rush did not occur until 1865. Every test showed the ledges to be of a wonderful richness and the camp had a period of prosperity. Eight mills with seventy-two stamps were erected at a cost of two hundred thousand dollars, and the cost of building the city and developing the mines was about two million dollars, but in 1867 it dawned upon the population that the ore was rebellious and could not be worked profitably by any known process. The total yield from all the mines-and the U. S. Grant was the only one that accomplished any- thing-was one hundred thousand dollars. There was a great exodus from the district in 1867 and few people were left. Efforts were made in 1869 and again in 1873 to work the ores, but unsuccessfully. In the latter year the town was burned, with the exception of two houses, which were all that was left to mark the spot of the once thriving city. In 1875 there was again a revival, but like the others it amounted to nothing, and in 1888 there was naught but a deserted town when John Clark made his appearance on the scene. He realized, however, that the ore could be worked by a free-milling process and has proved the correctness of his views. Meadow Lake district lies in the eastern part of Nevada county, thirty miles west of the state line and three miles north of the southern boundary of the Sierra county. Cisco, on the line of the railroad, is nine miles south of the district.
Charles W. Raymond, a mining engineer, a member of the Society of Civil Engineers, in a report submitted on the 18th of December, 1901, on the Century, Hercules, West Extension and Gipsy Queen quartz mines in this district, in his concluding remarks says: "I have no hesitation in recom- mending this property as a profitable investment." After reviewing the in- effectual attempts to work the ore in early days Mr. Raymond says: "In 1900 work was resumed on the western side of the district at the base of Old Man mountain. Careful and practical tests proved conclusively that crushing clean plates and first-class concentrating machinery were all that was required to save the gold. This was put later into practical operation by the erection or rather the re-erection of an old eight-stamp mill, with silver-plated plates and a Wilfley concentrating table. The summer of 1901 showed a yield of eighteen dollars per ton gold, with tailings fifty cents to one dollar per ton." This was the faith of John Clark, and shows it to be well placed.
In May, 1903, Mr. Clark was selected by the Nevada county promotion committee, as a typical miner, to present to President Roosevelt on the occa- sion of the chief executive's visit to this state the fine mineral cabinet given by the citizens of Nevada county, the gold specimens of which bear an in- trinsic value of about two thousand dollars. This presentation took place at Colfax on the 19th of May, 1903, as the train bearing the president was on
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its way east. Judge Nilon made the presentation speech and Mr. Clark and J. E. Hogan handed up the cabinet. Mr. Clark remarked as he passed the case up: "She's a daisy." The president responding in like manner said : " Yes, she's a beauty, and I am indeed pleased with the evidence of your hospitality and generosity, but," and the president smiled as he grasped the hand of the miner, " I do love to shake hands with large men, and I am still more pleased with your specimen of physical manhood. Is this a class of men you raise out here?" "Yes," replied Mr. Clark, "and we are all ladies' size." The president was greatly amused and the incident closed most happily. Mr. Clark, however, had much explaining to do to his lady friends afterward in regard to his remark.
Mr. Clark is one of the stanch Republicans of Sierra county, where he exercises his right of suffrage. He is active in politics and has attended all of the Sierra county conventions for the last ten or twelve years. Although frequently solicited to become a candidate for office at different times, he has never consented to do so. A stanch representative of the California miner, he stands to-day as one whose stalwart character has gained him un- qualified respect and good will, while his untiring efforts have brought to him a very desirable measure of success.
JOSEPH MACY KINLEY.
Joseph Macy Kinley, one of the foremost members of the bar of San- Francisco, has been in constant practice here for over thirty years. He is a type of the self-made man of whom Americans are so proud, and he has the satisfaction of knowing that all he has accomplished is the result of his in- dividual efforts. He formed a worthy ambition to study law when he was in his teens, and so keenly did he take hold of his work and so rapidly ad- vance that he was fully prepared for his professional practice before he was of age. He has been a student all his life, and his legal erudition has borne fruit in learned authorship of a work which will enrich law libraries and elucidate and facilitate the settlement of many questions for bench and coun- sel. His profession and his home have been the interests to which Mr. Kinley has devoted his life's best efforts, and that he has succeeded in the one and gained happiness in the other is the consummation of his ambition for which he has most devoutly wished, and in which he takes greatest pride. He is honored for his sterling worth, his quiet citizenship and profound ability, and enjoys confidence and esteem wherever he is known.
Mr. Kinley is a son of Edward and Mahala (Macy) Kinley, and both his father and mother represented families who have been in America for many generations, and whose members have taken honorable part in vari- ous occupations and professions as well as in public performance which has made more secure the foundations on which rests the integrity of the nation. Edward Kinley was a son of Isaac Kinley, who was born on the old home- stead in Virginia, which is still owned by the Kinley family.
In the year 1660 three children by the name of Kindleich started from Hanover, Germany, with their parents, enroute for America. But the par-
EDWARD KINLEY
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ents died on the voyage, and the captain of the vessel apprenticed the three sons to planters, one in Virginia, and the other two in the Carolinas. These sons kept apprised of each other's whereabouts, and on reaching manhood were reunited. But it was found that the name of each one had suffered from that inevitable mutation which befalls foreign names in a land where their original significance is not understood or their pronunciation is dif- ficult. The name of one was Kindley, another Kindly, and that of the branch in which we are especially interested was Kinley. It is probable that this change of name lost a fortune to the brothers, for the family had fled from Hanover on account of their anti-royalist sympathies and had left large estates behind. From the one of these brothers whose name became Kinley is descended, by a long line of ancestors, Joseph Macy Kinley.
Mahala Macy, the mother of Mr. Kinley, was a native of Howard coun- ty, Indiana, and her father, Albert Macy, was born on Nantucket Island. Her great-grandfather had upheld the Quakers in Salem, Massachusetts, during the times of persecution, and, when threatened with arrest, had taken his wife and little child in a canoe and fled to the island of Nantucket when it was populated only by Indians; this island remained the family home for many generations.
Two of the Kinleys, father and son, and, respectively, the great-great and the great-grandfather of Joseph Macy Kinley, were native Virginians who fought through the Revolutionary war under Washington, so that their descendants are entitled to the honor of membership in the society of Sons and Daughters of the American Revolution.
Edward Kinley was born in Ohio, and moved to Iowa when his son Joseph was a child of eighteen months, and at the time the Mormon temple was burned at Nauvoo, Illinois. His wife died in Iowa in 1847. He en- gaged in merchandising in Iowa, and in 1851 came to California alone. With two partners he began mining at Mokelumne Hill. He was the trio's treasurer, and at his death there were still scars on his shoulders as a result of carrying gold dust in a belt, the gold being so heavy as to cause his sus- penders to cut into the flesh. These partners worked and lived together on intimate terms until 1854, and yet neither knew the names of the others, their sole distinctive titles, or appelatives, " handles " as it were, being " Ed," " Budd " and "Doc." Edward Kinley wrote a history of gold-mining on the coast, his manuscript covering twenty-four pages written with pen, and this he dedicated to Mr. Joseph M. Kinley as if it were the most serious thing in the world, which shows how intense was his character in everything he undertook. This beautifully written little brochure, before us as we write these lines, bearing a date of over half a century ago and with the stain marks of age upon the leaves, penned in type letters with an evenness and regularity of a book, is a most cherished memorial given by this venerable pioneer to his son, and aside from its value as an heirloom and keepsake it has interest and worth as a historical document descriptive of scenes and an industry which were typical of early California. Accompanying this little booklet is an engraving containing four views of mining operations and life, and these pictures are referred to in the history. Both pictures and history
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were no doubt very instructive to the boy Joseph, and the matter of the his- tory follows, verbatim, as the concluding paragraphs of this sketch. After Edward Kinley returned to Iowa in 1854 he took up the practice of law, and remained there until 1898. In that year he went to the state of Washington to visit his daughter and while on this journey of pleasure was killed by a train.
Joseph Macy Kinley was born in Kosciusko county, Indiana, February 16, 1845. While a child his eyesight was very poor for four years, and he received his primary education by dictation or recitation from his step- mother. He subsequently went to Monmouth College, Illinois, and took a term of scientific studies, after which he began teaching. He was only four- teen years old when he began reading law, and he carried on his profes- sional and literary studies together. Before he was twenty years old he was prepared for practice, but his age prevented his admission to the bar without special dispensation, and he accordingly went to Huntsville, Randolph coun- ty, Missouri, where, being unknown, he was admitted by Judge Burkhard. He then practiced with his brother Isaac at Brunswick, Chariton county, Missouri, for one year. This brother is now practicing in Kansas City. Joseph then went to his father, who was ill in Iowa, and in 1867 went to Savannah, Missouri, where he carried on his practice until 1870, which was the year in which he came to San Francisco. About four years ago he took his son Jule M. into partnership, and the two are together carrying on the extensive practice which the former built up by his years of industry and ability.
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