A memorial and biographical history of the counties of Santa Barbara, San Luis Obispo and Ventura, California Containing a history of this important section of the Pacific coast from the earliest period of its occupancy to the present time, together with glimpses of its prospective future; with full-page steel portraits of its most eminent men, and biographical mention of many of its pioneers and also of prominent citizens of to-day, Part 12

Author: Storke, Yda Addis
Publication date: 1891
Publisher: Chicago, The Lewis Pub. Co.
Number of Pages: 738

USA > California > San Luis Obispo County > A memorial and biographical history of the counties of Santa Barbara, San Luis Obispo and Ventura, California Containing a history of this important section of the Pacific coast from the earliest period of its occupancy to the present time, together with glimpses of its prospective future; with full-page steel portraits of its most eminent men, and biographical mention of many of its pioneers and also of prominent citizens of to-day > Part 12
USA > California > Santa Barbara County > A memorial and biographical history of the counties of Santa Barbara, San Luis Obispo and Ventura, California Containing a history of this important section of the Pacific coast from the earliest period of its occupancy to the present time, together with glimpses of its prospective future; with full-page steel portraits of its most eminent men, and biographical mention of many of its pioneers and also of prominent citizens of to-day > Part 12
USA > California > Ventura County > A memorial and biographical history of the counties of Santa Barbara, San Luis Obispo and Ventura, California Containing a history of this important section of the Pacific coast from the earliest period of its occupancy to the present time, together with glimpses of its prospective future; with full-page steel portraits of its most eminent men, and biographical mention of many of its pioneers and also of prominent citizens of to-day > Part 12

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"The first county judge of Santa Barbara County was Joaquin Carrillo. He held the office from the date of the organization of the court in 1851 until his election as District judge in November, 1852, at which time he resigned the office of county judge, and the Hon. Charles Fernald was then appointed by Governor Bigler as his successor."

"Judge Charles Fernald arrived in Califor- nia in 1849, and in Santa Barbara in 1852. A native of Maine, Judge Fernald had acquired much of his legal training at Dorchester,

Massachusetts, where his favorite recreation had been to attend the court of Chief Justice Lemuel Shaw. In attendance upon noted cases, he had had the great privilege of listen- ing to such liglits of the bar as Webster, Choate, Benjamin R. Curtis, E. R. Hoar, W. R. P. Washburne, etc., etc. Judge Fer- nald was elected without opposition, by the people, at every judicial election thereafter until 1861, and held the office until the be- ginning of 1862, at which time he resigned to enter upon the active practice of his pro- fession. At the time of his appointment to the position of county judge, Judge Fernald was scarcely twenty-two years of age, but he possessed the rare advantage of a thorough and proper training for the dis- charge of the duties of the office, which few young men then competing here possessed.

" At the resignation of Judge Fernald, Gov- ernor Downey appointed as his successor the late J. M. Covarrubias, who held the office until the ensuing general election, when the late Hon. F. J. Maguire was elected; and he continued to hold the office by election up to the time of the adoption of the new constitu- tion.

" From every point of view, the character, integrity and ability, the Bench was an able one, and the records of the Supreme Court show that the decisions of the judges of these courts were rarely, if ever, reversed. And when it is considered that during that period some of the most important principles of law of real property, the construction of the new constitution, the statutes relative thereto, and the rules of the civil law and of the civil law as adopted in Spain and Mexico, were often involved and at issue, it will be ad- mitted that this is high praise.

" At the date of the organization of the above named courts there were here and at the bar from the beginning men of descent

SANTA BARBARA COUNTY.

and training ; among them was Edward Sherman Hoar, a son of the Hon. Samuel Hoar of Concord, Massachusetts ; he was a graduate of Harvard and one of the brightest intellects of all that gifted family. He was the confessed leader of the bar of Southern California. Next must be mentioned Angustus F. Hinchman of New Jersey, also a graduate of Harvard and a class- mate of Mr. Hoar, a man of varied learning, culture and acquirements. Judge Fernald having been thus early appointed to the Bench, practiced at that time only in the Federal courts, up to the time of his resigna- tion in 1862. Next came James Lancaster Brent, a native of Maryland and brother of the attorney-general of that State, an ac- complished orator and advocate, as well as a learned lawyer. Brent resided at Los An- geles and was associated with Jonathan R. Scott, a giant physically and mentally, who caine from St. Louis, Missouri. Although resident at Los Angeles, they often appeared before the courts of Santa Barbara and San Luis Obispo counties. Benjamin Hayes, a resident of Los Angeles, and afterward judge of the first judicial district for many years, often appeared in the courts of this county prior to his election as judge. Myron Nor- ton, one of the leaders of the bar of Los Angeles, was often called here in important cases.

" Then came L. C. Granger, who recently died in Chico, Butte County, a man of rec- ognized ability and learning. William J. Graves, who came from St. Louis, Missouri, to San Luis Obispo, became well known throughout the State as a man of marked ability at the bar, and deeply learned in the law; he was a worthy competitor of the able men before mentioned. Well worthy of mention comes Russell Heath, now living at the Carpenteria, who came to this State and

settled in this county about the beginning of 1851. Mr. Heath was a native of Little Falls, Herkimer County, New York, being a lienal descendant of General Heath, of Rev- olutionary fame. He made the journey to California overland on horseback through Northern Mexico. From the time of his arrival here, early in 1851, at about twenty- three years of age, he took a prominent position at the bar. He was appointed by Judge Fernald, then presiding judge of the pourt of sessions, to the important position of district attorney in January, 1853. He dis- charged the duties of the office judiciously and with great intelligence. In 1856 a strong man was needed for sheriff of this county, and Judge Fernald selected Mr. Heath for that position, which he held until 1854, and his administration was strong and gave great satisfaction to the people. Since that time Mr. Heath has creditably represented this county in the State Legislature two terms.

" Early in 1852, Eugene Liés appeared here as one amongst the most versatile at this bar. He was born in the city of New Orleans, of French parentage. Early in life he was taken to Paris, where he was educated and trained to the bar. Returning to this country, his parents settled in New York, and young Liés was admitted to the bar in that State, whence he came directly to Santa Barbara County, and here commenced his professional career, achieving pronounced success. In 1859-'60, he was elected to the Legislature of this State, and at the close of the session of that year he took up his abode in the city of San Fran- cisco, attaining immediate recognition as among the ablest of the bar of that city. He was an accomplished linguist, an able lawyer, and a successful advocate. With him was associated in practice here and at San Fran- cisco Albert Packard, of Rhode Island. Mr. Packard had early come to this State and set-

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tled in Los Angeles. He was recognized as a man of unusnally strong intellect. Then last, but not least, must be mentioned Charles E. Huse, from Newburyport, Massachusetts. He was a graduate of Harvard, where he took a course of study for the ministry, afterwards adopting the profession of law, becoming a painstaking, laborions and zealous practitioner. There were many others who occasionally appeared in our courts, such as Parker H. French, the late D. S. Gregory, and until his death recently Superior Judge of San Luis Obispo County; Hon. Francis J. Maguire, af- terwards County Judge; E. O. Crosby, who had been a member of the Constitutional Con- vention, and Walter Murray, of San Luis Obis- po, a laborious, reliable and successful prac- titioner up to the time of his appointment to the bench, as before stated.

" All of these men were lawyers of marked ability and learning, and compared favorably with the members of the bar in any part of the State. And, while later on in the '70s men like Fawcett and other able young men came to the bar here, we feel warranted in expressing the opinion that the men we have named were altogether exceptional in point of ability and learning. They had to deal with new questions and principles in settling the law in many of its branches, and well their work was done, as the reports of their cases in the Supreme Court will abundantly show."

The machinery of government of Santa Barbara County went into working in August, 1850: Joaquin Carrillo was county and pro- bate judge. The first case brought before him regarded the estate of James Scott, de- ceased, who had been a partner in trade of Captain Wilson. The will was approved, and N. A. Den and Pablo de la Guerra were ap- pointed appraisers.

When Henry A. Tefft took his seat as judge of the Second Judicial District August

5, 1850, John M. Huddars acting as Clerk, Eugene Liés, of New York, was admitted to practice, and he was sworn in as interpreter and translator. José Antonio de la Guerra y Carrillo having been judge of the Court of the First Instance, the records of that court were demanded from, and refused by, the Alcalde Joaquin de la Guerra, perhaps to show contempt for this new court which su- perseded the old authorities.

The court ordered made a county seal, de- scribed as follows:

"Around the margin the words, County Court of Santa Barbara County, with the following device in the center: A female fig- ure holding in her right hand a balance, and in her left a rod of justice; above the figure a rising sun, and below, the letters CAL.

The first district attorney was Edward S. Hoar. He returned in 1857 to his old home at Concord, Massachusetts. It is said that the clerk of this court was a mighty hunter and fisherman, and that he was wont to carry about in his coat-pocket the memorandum book which contained the only court records kept for some months. Judge Fernald pro- nounces this story apocryphal, however.

The first sheriff was José Antonio Rodri- gnez; he was killed early in 1850, on the present site of the gas wells at Summerland. Ile was leading a party of some fifty men in pursuit of those who murdered the Reed family at San Miguel, in San Luis Obispo County, and, disapproving of the reluctance of his followers to close with the murderers, Rodriguez dashed forward and tore from the saddle one burly fellow, who thereupon raised himself upon his knees and killed the sheriff with a shot-gun. One of the miscreants plunged into the sea and swam out beyond the kelp, where he was drowned; the others were captured, tried, and shot at Santa Barbara.

SANTA BARBARA COUNTY.

The next sheriff was named Heavy. He was waylaid and shot on the Santa Ynes mountains.

J. W. Burroughs was the first county clerk, auditor, coroner, and justice of the peace. His deputy was A. F. Hinchman, now of San Francisco. Nicholas A. Den was made fore- man of the first grand jury, but the names of the other jurymen were not recorded. A better record was kept of the next session, held April 7, 1851; the following persons were empaneled: Antonio Arellanes, John Kays, Rafael Gonzalez, Octaviano Gutierrez, Manuel Cota, Raimundo Olivera, Estevan Ortega, George Nidever, Augustus F. Hinch- man, José Lorenzano, Juan 'Rodriguez, Ygnacio Ortega, Antonio Maria Ortega, Guillermo Carrillo, Edward S. Hoar, A. F. Hinchman, José Carrillo, Lewis T. Burton, Angustin Janssens, Joaquin Carrillo, Vi- cente Hill. Eight individuals were fined $25 each for not answering to their names on this panel. The grand jury found indict- ments for murder against Guadalupe Sanchez and Francisco Figueroa, and offered a com- plaint against the jail as unfit for use. In the case of the People vs. Francisco Romero et al., the witnesses were discharged, and the sureties relieved, as the defendants had es- caped from custody, because of the jail's in- security.

The roll of attorneys of Santa Barbara County shows the following names:

J. L. Barker, A. T. Bates, I. R. Baxley, S. W. Bouton, J. J. Boyce, R. B. Canfield, J. G. Deadrick, Charles Fernald, William Gallaher, G. H. Gould, E. B. Hall, F. Leslie Kellogg, Thomas McNulta, Walter H. Nixon, A. A. Oglesby, Joseph J. Perkins, S. S. Price, A. E. Putnam, J. T. Richards, C. A. Storke, W. C. Stratton, J. W. Taggart, B. F. Thomas, C. A. Thompson, J. B. Wentling, II. G. Crane, W. N. Haverly, C. F. Carrier,

J. F. Conroy, W. P. Butcher, W. C. Gam- mill, Grant Jackson, W. S. Day, E. R. Mc- Grath, Engene W. Squier, Walter B. Cope and Paul R. Wright, all of Santa Barbara; B. F. Bayley and W. W. Broughton, of Lom- poc; S. E. Crow and Caleb Sherman, of Santa Maria.

Many of these are not now engaged in active practice.

Among those now actively engaged in the practice in the center of the county, promi- nently stands Hon. Charles Fernald, whose biography is given at length elsewhere.

J. J. Boyce is a native of Utica, New York, where he was born April 28, 1852. He entered the law office of Seymour & Weaver, upon arriving at majority, and pur- sued for a time the study of law. He came to Santa Barbara in 1876, and resumed his law studies under the instruction of Judge Fernald. He was admitted to the practice of law by the Supreme Court, in 1878, and has since been actively engaged in the practice of his profession at Santa Barbara.

R. B. Canfield graduated from Columbia, in 1862, and studied law in the law school attached to his alma mater. He came to the Pacific Coast in 1865, and spent three years in the mines in Nevada. In 1868, returning to New York and resuming his legal studies, he was admitted to the New York State bar, in 1869. In 1876 he came to Santa Barbara, where he has since resided. Mr. Canfield was married in 1873 to Mrs. Davidson. Mr. Canfield is a keen lawyer, with a judicial brain. He is quiet and nnobtrusive in his habits, and does not seek notoriety. By ap- pointment he has for a year or more presided over the Superior Court of this county, and has won golden opinions from his constituency.

Ephraim B. Hall is a native of Virginia, born in 1823. He has occupied in his native State many offices of great trust and respons-

SANTA BARBARA COUNTY.

ibility. At one time he was Attorney Gen- eral of the State, and at another judge of the nisi prius courts of the county in which he resided. He was also a loyal member of the convention that passed the ordinance of se- cession, by which Virginia attempted to sever its relations with the sister States. He is now declining the active business of the county.

Thomas MeNulta was born in New York in 1845. He possesses to a large degree the confidence of the community. He was ad- mitted to the Illinois bar about 1871, and for several years parcticed law with his brother, Hon. John McNulta, at Blooming- ton, Illinois. Coming to Santa Barbara in 1874 he soon became a prominent member of the local bar. He has, at various times, held the office of city attorney and district attorney, and has had charge of many im- portant cases. He is an eloquent speaker, somewhat inclined to be impetuons.

B. F. Thomas was born in Missouri, Feb- ruary 22, 1846. He studied law with ex- Congressman Tully, of San José, and was admitted to the bar January 13, 1874. His first labor in a legal way was at Guadalupe in this county. In 1875, Mr. Thomas be- came district attorney and filled the office with credit. He is a slow thinker, but of great industry and perseverance, by the aid of which he has become a prominent mem- ber of the local bar, and lias secured a lucrative practice.

Jarrett T. Richards was born in Cham- bersburg, Pennsylvania, in 1842. After spending three years in Europe in classical study, he returned to his native land, and entered Columbia College Law School, where he graduated in 1866, receiving a special prize of $150 for a thesis on municipal law. After graduation he went to Erie, Pennsyl- vania, where he alternated the practice of

law with editorial work. In 1868 he came to Santa Barbara, and formed a law partner- ship with Hon. Charles Fernald. He has been mayor of Santa Barbara and city at- torney. In 1879 he was nominated for As- sociate Justice of the Supreme Court, but with his ticket was defeated. Mr. Richards is a strong and classical writer. His mind is em- inently judicial, and he is probably better fitted to act as a judge than as a pleader. His advice is much solicited.

W. C. Stratton was born in New York December 14, 1826. He was a resident of New Jersey from 1849 to 1856, coming to California in the latter year. In 1858 he was elected to the Legislature by the Dem- ocrats of Placer County, and then became Speaker of the House. From 1860 to 1870, he was librarian of the State Library. In Jannary, 1873, he came to Santa Barbara, and was for several years attorney for the city. Mr. Stratton has a lucrative practice, which he has obtained by thorough study of his cases. He is a good jury pleader, and coming into court with his cases thoroughly understood and properly prepared, he gen- erally is successful.

W. S. Day was born in Smith County, Tennessee, on the 14th day of March, 1848; was educated in the common schools of Illi- nois. Began the study of law in 1872, at Jonesboro, Illinois, under Judge Monroe C. Crawford, and was admitted to practice before the Supreme Court of Illinois in June, 1874. He then practiced law in the city of Jones- boro from 1874 to 1888, holding during that time the positions of State's Attorney and member of the Legislature. He removed to Santa Barbara in June, 1888, and at once formed a partnership with Panl R. Wright, an old and respected attorney of the city of Santa Barbara, under the name of Wright & Day. Mr. Day is a clear, metho dical thinker,

SANTA BARBARA COUNTY.

and has in his short residence at Santa Bar- bara added to his previous excellent repu- tation.

S. S. Price was born in Morristown, New Jersey, on the 27th day of January, 1840; was educated at Lombard College, at Gales- burg, Illinois, and was studying law at Jersey- ville, Illinois, at the outbreak of the war. He enlisted in Company F, Fourteenth Illi- nois Infantry in 1861, and followed the fortunes of that regiment until the battle of Shiloh, ir. which he was badly wounded, necessitating his discharged. Having par- tially recovered from his wounds, he renewed his legal studies at the Law School of Michigan University, where he graduated in the spring of 1865. Opening a law office in Salem, Missouri, he practiced for three years and more in Dent County, and then moved to Falls City, Nebraska. From 1869 until 1883 he was actively engaged in legal pur- suits at Falls City, and moved to Santa Bar- bara in 1883. His old wounds having dis- abled him from active practice, his work in Santa Barbara has been that of an adviser and counsellor rather than advocate. In 1886 he was elected District Attorney.

Walter B. Cope is a son of Hon. W. W. Cope, of the Supreme Court Commission. Walter B. Cope came to Santa Barbara a few years since, and at the last election but one he was chosen for District Attorney. The election of November, 1890, has placed him upon the bench of the Superior Court of this county.

CRIMES.

Since the dispersion of the bands of out- laws gathered during the disorder of the transition period Santa Barbara has been, all things considered, reasonably free from crime. There have been notable cases, but these were of individual, rather than public,

bearing. The most conspicuous crimes com- mitted hereabouts were the following: In Jannary, 1864, Mr. and Mrs. Wilson Corliss were murdered, and their bodies consumed in their dwelling; the criminals were not dis- covered. Later in that year, Samuel Barth- man was robbed and murdered, and his body concealed in the woods between Lompoc and La Purisima. His murderers were discovered and brought to justice. In June, 1868, one Bonilla, a young man of twenty years, shot to death Mr. Domingo Abadie, a respected and prominent citizen, in a quarrel. Bonilla was sentenced to thirty-five years' imprison- ment. In Jannary, 1874, William Shedd, a cruel and intemperate husband, stabbed his wife to death, and then blew his own brains out. Perhaps the most flagrant case was the murder of John C. Norton, a rancher on Rincon Point; Norton's wife had an intrigue with one Jack Cotton, a farm-hand of her husband, and the two killed Norton and buried him in the sand-hills. Then, giving out that he had died in Los Angeles, they disposed of his property and left the country together. The crime was discovered, and the guilty pair captured in Nevada, and returned to Santa Barbara for trial, being sentenced to imprisonment for life.

There have been a few murders of minor notoriety, the perpetrators in some cases re- maining undiscovered. There was, too, early in the '80's, a good deal of excitement over the stage robberies committed in the western portion of the county by Dick Fellows. He was a man of education, who from confine- ment wrote very good articles for publica- tion. His characteristics and the desperate efforts he made for liberty aroused much sympathy for him, notwithstanding which he was sent to prison.

The crime, the case par excellence of Santa Barbara, was

SANTA BARBARA COUNTY.

THE GRAY-GLANCEY MURDER.

This was one of those criminal cases which become causes celébrés throughout the State. Theodore M. Glancey, a native of Illinois, came to California in 1873, and was for a time editor and general manager of the Los Angeles Herald. Resigning this position, he had removed to Placer County, and here and in Sutter County he was engaged in the journalistic profession. After a few years he was tendered the editorship of the Press at Santa Barbara, and, accepting, he removed here, conducting the Press with the same devotion to truth and duty that had marked his career hitherto. He was a veteran of the civil war, a man of nerve, and true to his convictions. He was, further, a man of liberal education, with legal training, and just views of matters in general. He was polite and urbane in manner, notwithstanding the positive character of his mentality.

Clarence Gray came to this county in 1870, and was immediately recognized as its natural leader by the lawless element composed of the roughs, the gamblers and disorderly parties in general. While there were not more than 200 of these characters, they were formidable, holding in many instances the balance of power. Gray had a bad record, so far as it was known. It was asserted that his real name was Patrick McGinnis, and it was understood that he qad been closely con- nected with the Molly Maguire assassins in Pennsylvania, which State he had been obliged to leave. He was reckless, unscrupu- lons, audacious, brilliant, enterprising, witty and obtrusive, being ready always to thrust himself into notice. Ostensibly a lawyer. his knowledge of the law consisted mainly of an understanding of its defects and weaknesses, whereby he became the natural defender of violators of the law. Like all men of that class, he relied upon personal prowess for

security in his personal rights, and he had committed personal assaults on many occa- sions. It is said that he had been arrested more than twenty times for breaking the peace. While nominally a Catholic, he beat a Catholic priest to insensibility for a reproof justly administered, and was fined therefor. When a fire occurred in the Press office, lie was so strongly suspected of having cansed it that he left the State for a year or two, but returned and resumed his former career.

On one occasion the Republican party nom- inated him for District Attorney, and, in con- sequence of his bad repute, a public meeting was held to consider the means of defeating his election, which, it was deemed, would endanger the safety of the community. Nevertheless, so strong was the lawless party that he came within seven votes of election. When the new constitution was adopted in 1880, the country was in doubt whether the officials elected the previous year should com- plete the usual terms, or whether a new set would be elected. Pending the decision the Republicans held a convention and nominated candidates for the supposed vacancies, among thein Clarence Gray for District Attorney. When the Supreme Court decided that no election was necessary that season, the Press, of which Mr. Glancey was editor, comment- ing upon the reasons for satisfaction therefor. said: " Not the least of these in this county is the fact that the Republicans here will be relieved of the necessity of defeating the can- didate for District Attorney. The nomina- tion was disgraceful in every respect, and while it is extremely disagreeable for earnest Republicans to take such a course in a presi- dential year, there is no difference of opinion among those who have the good of the party at heart. They are convinced that all such candidates should be beaten, and Republican conventions tanght, if they do not realize it

SANTA BARBARA COUNTY.

already, that the decent people of Santa Bar- bara County will not submit to having the officer for the administration of justice chosen from among the hoodlums and law- breakers." While this language was moder- ate, compared to what had been printed many times before, Gray's friends urged that it was a gratuitous insult, as no election was to take place, and Gray set about finding the party responsible for the article. Meeting John P. Stearns in Judge Hatch's office, he inquired if Stearns was responsible, and was met with a prompt " I am, sir!" Nevertheless, some- thing, possibly the number present, in- duced him to defer shooting until a more convenient season. Later, he met Stearns at home, but again postponed his proposed pun- ishment. On the evening following the issue of the article, Gray met Glancey, and in- quired if he was responsible for the article in question. Glancey replied in the affirma- tive, whereupon Gray drew a revolver and attempted to shoot, when Glancey caught his wrists, saying, " You shall not draw a revolver on me; I am unarmed." A bystander sepa- rated them, but Gray again leveled his revolver and tired at Glancey whilst retreating through the door of the Occidental Hotel; the ball took fatal effect, striking Glancey in the wrist, and thence passing into the abdomen, and out near the hip. Glancey's vitality en- abled him to walk to a hotel in the same block, where he fell. Gray meanwhile fol- lowed him, endeavoring to obtain another shot. Glancey was attended by three physicians, but was past help, and died the next day.

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Author: Storke, Yda Addis Publication date: 1891 Publisher: Chicago, The Lewis Pub. Co. Number of Pages: 738

Author: Storke, Yda Addis
Publication date: 1891
Publisher: Chicago, The Lewis Pub. Co.
Number of Pages: 738