USA > California > A picture of pioneer times in California, illustrated with anecdotes and stores taken from real life > Part 19
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The boys thought it only fun, but they were soon undeceived, for each two of the oranges were wrapped in leaves with sharp, thorny edges, and the consequence was, that the boys always gave up the job after two or three days' work, with their hands all sore and bleeding. If a boy had put in three days' work, Davidson insisted that it was only two days' work. If they worked four days he only called it three, and so on. When the boys demurred to this, he would demonstrate to them that he was right in this way of counting their time: " Now, boy, listen to me. You came on Monday and worked until Tuesday; that was one day. Then you worked until Wednesday, which is one day more, making two days in all, you see; which is just one- fifteenth of a month. So here is your nice, silver dollar. You are a good boy, and I hope you always go to Sunday school, for there is nothing like it, my boy; and be sure to always say your
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prayers before you go to bed. There, boy, go now. There is no use in your waiting for supper; it won't be ready for a long time. Good evening, boy, and recollect what I told you about your prayers." Some evenings every boy he had would throw up the job. Mr. West would then remonstrate with him, and tell him he would fail in having the oranges ready at the con- tract time fixed, but Davidson always succeeded in engaging another gang of boys at the same low wages, and the oranges were all picked over and ready for delivery on the day agreed upon; and the work of overhauling them did not cost one- fourth as much as it cost any of the other ships. Davidson's next trouble was to get rid of the bark herself. At that time there was a man in San Francisco from Boston, of the name of Rickets, who made it his business to buy up old ships and put them to some use or other. He sometimes had several of this sort of ships on hand, and used to anchor them in the bay near each other, and the people called them " Rickets' rickety row." One day Davidson came to Mr. West's store in joyful excitement. As he entered, he exclaimed:
" Well, sir; I thank Providence, I have sold the America to that terrible man, Rickets !"
" Yes ? " answered Mr. West. "How much did you get?"
" Just what I asked him, three thousand dollars. Oh, sir, that Rickets is a terrible man; an unsafe man, sir, in this community."
" How is that, Captain ?"
" Well, sir, when I tell you his way of proceeding, you will understand. This morning he came on board our ship, just as John and I had finished our morning's three hours' pumping."
" Pumping what ?" interrupted Mr. West. " You don't mean to say, Captain, that the America leaks while lying at the wharf?"
" Well, sir, now that she is sold I just as leave tell you that John and I had every morning to get up two hours before day, and put in three hours of hard work in pumping, and to do the same every evening, or I believe she would have gone down right at the wharf. Well, as I was saying, Rickets came on board, and, in his fussy way, exclaimed: ' Well, Captain, this is a fine looking bark you have here, but West tells me she leaks some at sea. Does she leak here at the wharf, Captain ? How often have you pumped her since she has been clear of her
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cargo ?' Of course I could not tell a lie, for if there is any thing on earth I despise it is a liar, so I turned to John, who, poor fellow, was lying on a coil of rope to get a little rest after his hard pumping job, and said : 'John, how often have we pumped the America since we got into port ? Three or four times, more or less, have we not?' John is a smart boy, Mr. West, and I have taught him the importance of that saving clause of mine, more or less, and how it enables a man to speak the truth and at the same time to keep his private business from exposure. Yes, sir, that saving clause I often find of great use to me. It was taught me by a very religious, good man, who had the same detestation of lies I have, and it has enabled mne to turn many a sharp corner through life when dealing with un- observing people, and yet preserve my character for truth, which I value, sir, above all worldly goods. So John answered promptly : ' Aye, aye, sir; three or four times, more or less.' So, without fur- ther question, Rickets seized a marline spike, and, dashing down into the hold, he commenced jamming it into the bottom planks of the bark. At length he struck a plank where it went about through. Turning to me he said : 'There, Cap- tain, that plank is about gone.' I had not the heart to answer him, as I supposed all hope of a sale was over, and what was my surprise when he ran on: 'Now, Captain Davidson, get two or three old looking planks and spike them on over this rotten place with old rusty spikes; then scatter some dunnage over them in a careless sort of a way, and I will go and bring two Chinese merchants who want to buy a ship to send a lot of their countrymen home in, and if the ' America' suits them I will take her off of your hands at your figures.' I was horrified at this want of principle in a man so lately from Boston, where the people are all said to be so religious, but it was not my business to criticise his conduct, so I just went and did as he told me, and when he came back with the Chinese merchants they never ob- served the work I had done to hide the rotten planks, so well had that unconscientious man planned it out. The Chinese mer- chants agreed to take the bark at four thousand dollars from Rickets, and, on the spot, paid him one hundred dollars to bind the bargain. I then went with him to his office, where he gave me a check for fifteen hundred dollars, on account of the sale to him of the bark, and the other half of the purchase money is to be paid before I transfer the title in the Custom House."
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" But, Captain Davidson, won't you feel badly if the America happens to go down, you know, with two or three hundred Chinamen on board ?"
" Olı, I had nothing to do with the sale to the Chinamen; I sold to Rickets, and after he pays me the other fifteen hun- dred dollars I intend to be very plain with him, and let him know what I think of his conduct in deceiving those poor China- men, and risking the lives of so many human beings in such a vessel as the America. I will tell him plainly that it is my opin- ion that if she undertakes a voyage to China, she will never reach there. This will leave the responsibility entirely on the shoul- ders of this Boston man. Have you a Bible, Mr. West, you are not using ?"
" What do you want of a Bible, Captain ?"
" Oh, I thought if you had one to spare, for I cannot spare mine, I would present it to this Mr. Rickets, after he pays me the money, in hopes that it might arouse conscientious scruples, and prevent him from deliberately drowning a cargo of China- men, which is what he will do if he ever sends them to sea in that bark."
This bark's after history was curious. Some one put the Chinamen on their guard, and they forfeited their $100 and left her on Rickets' hands. He painted her up handsomely, but no one proposed to purchase her for a long time. At this time there was a firm in the city under the name of Osborne & Son. They were enterprising, nice men, and reported financially well off. One day a stranger loitered into their store on some pre- tence, and soon got into conversation with the senior member of the firm. The stranger was smart and intelligent, and won the confidence of the old man. He said he lived in Sacramento, but was just then on his way back from a trip down the coast. He said he had visited a place in Mexico where turkeys and poultry of all descriptions, then immensely high in San Francisco, could be purchased for almost nothing. He said he had three thousand dollars, and wanted to find a man with a like sum to join him in purchasing a ship and going for a cargo of poultry to this Mexi- can town. Osborne at once offered to join him, and in half an hour more they were on the lookout for a suitable vessel. Of course they fell in with the bark America. She was just the thing, so the Sacramento man declared; but on calling on her owner, Rickets, he at first positively refused to part with her, as
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he had a voyage in view for her himself. Just as Osborne and his friend were leaving the office, Rickets called them back, and said that he just remembered that to-morrow would be steamer day, and that he would be somewhat short of money, so that if they were ready to pay down the price of the bark, five thousand dollars, that afternoon, he would part with her, though regret- ting to be obliged to do so. Then the Sacramento man said that was impossible, as his money was in Sacramento, and that it would take him three days to get it. Then Osborne asked Rickets if half the money would not do for to-morrow, and that if so he would pay his half that afternoon and give time for his friend to go to Sacramento for his share of the purchase money. After some apparent hesitation and reluctance, on the part of Rickets, it was so arranged. Osborne paid his half that after- noon, as agreed on, and then went with his friend to the Sacra- mento boat, where he took an affectionate farewell of him, and, of course, poor Osborne never saw that stranger again. The firm of Osborne & Son, now giving up the turkey business as a bad sell, advertised the bark America as being all fitted up as a passenger ship for China. They soon got two or three hundred Chinese passengers, and the bark, looking splendidly under her new paint, put to sea. After being out some three or four days she sprang such a terrible leak that the Chinamen rose in mutiny, and compelled the captain to return to port. The consequence was, lawsuits against Osborne & Son to enforce the return of the passage money. These suits were all decided against the firm, and in the end they parted with the bark America at some very low price to a South American merchant, who changed her name and put her under the Peruvian flag.
Though it is contrary to our marine laws, as I understand them, to permit a ship that once leaves the protection of our flag to return to it again, yet it is certain that this famous bark America was, by some legerdemain, brought back under the United States flag; but what has become of her since I know not. If my recollection serves me right, Mr. Osborne himself told me that his connection with the bark America caused him a loss of ten thousand dollars.
But now, perhaps, you want to know how Ryan's hog specu- lation resulted. Well, he gave the hogs on shares to a man residing in the sand hills. This man agreed to feed them and properly take care of them for half the increase. The fact is,
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that this contract between Ryan and this man is said to have been the most minutely and well guarded contract ever drawn in California in those days. Every possible contingency was thought of and provided for. What, then, was the astonishment of Ryan when, after about a month, the hog farmer called at his office one morning, and told him he was out of feed for the hogs, and had no money to obtain any, and urged upon Ryan the necessity of his advancing him a few hundred dollars to prevent the hogs from starving.
" I will do nothing of the kind, sir," was the indignant reply.
" Then the hogs will all die; for I tell you I have not got a thing for them to eat, nor money to buy it."
Ryan drew himself up to his full military height, as he an- swered:
" The contract provided for all that sir."
" Oh, it does, does it? And the hogs, I suppose, are to live on the contract ?"
" Yes, sir; that contract was drawn by no pettifogger; it pro- tects the hogs and guarantees them food, and effectually secures me success in my enterprise. Good morning, sir; read your contract carefully over, and you will see, sir, how plain it is in every particular."
In two or three weeks after this interview some one told Ryan that most of his hogs were dead, and that the hog farmer had gone to the mines. Not at all put out, Ryan commenced an ac- tion at law against the farmer.
His complaint is said to have been a curiosity in the law prac- tice of those days, not only for its length but for the variety of its contents, and the ingenious way the same thing was repeated over and over in different ways. No defendant appeared, so Ryan, to be fair about it, and not to be baulked in his desire to display the contract in Court, got some one to put in an answer. He then demanded a jury trial. To the jury he made a most eloquent appeal as to his rights under the contract, and was really pathetic when alluding to the fate of the hogs after their desertion by the farmer.
The result was a verdict for the full amount of damage claimed in the complaint. An execution was duly issued, but the Sheriff's return was, in effect, that no property was to be found, except a few hogskins and a broken down brush fence. Ryan paid the costs with cheerfulness, and retired from the hog business for good and all.
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Now you will ask how the "corner on oranges " came out. Well, it cleaned out three of the enterprising firms who had planned it, with the aid of the young lawyer, and all who touched it got more or less hurt. Every orange of Davidson's cargo was dumped into the bay, as were thousands and thousands more with them.
After this, Davidson, having bought an interest in a rancho near Watsonville, went to that locality to live. From there he was often summoned to the county seat (Santa Cruz) for jury service. On those occasions he used to trap a ground squirrel, skin and roast it, put it in his pocket with a cold boiled potato, and walk off to Santa Cruz. He would satisfy himself for break- fast and lunch off of this private store; then in the evening he would take one meal at a hotel kept by Judge Rice, who was County Judge of Santa Cruz county at that time. The Judge was a large, fat man, of good hard common sense. His educa- tion had been slightly neglected in his youth, which often caused much amusement to the wags of that county bar, in which the Judge himself frequently joined with the utmost good humor.
It was the Judge's practice, as soon as the Court adjourned, to walk home, take off his coat, and wait on the table of his hotel at meals. This, too, was a source of fun and amusement to his guests, who made it a point to keep the fat Judge on the con- stant run in waiting on them. It was all the time "Judge, more pork and beans." "Judge, this end of the table is out of spuds" (potatoes). "Judge, is there no more ham and eggs? No? What are your hens about?" "Judge, did this butter come around Cape Horn ?" All this the Judge took in perfect good part, replying with genuine rough wit that kept the whole com- pany laughing.
His position as waiter gave the Judge an insight into David- son's way of living, and he did not relish it by any means, for he observed that Davidson stowed away the full three meals at one time, and yet the Judge got pay for but one.
On one of these visits of Davidson's to Santa Cruz, the Judge stood this sort of thing patiently for three days; but on the third evening, when he was satisfied that Davidson had his full three meals stowed away, he was surprised by a loud call from his guest for another plate of ham and eggs.
" Ah," muttered the Judge to himself, " by gosh, old Davidson is making a starter to put in one meal in advance for to-morrow.
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I suppose his darned squirrel grub has given out; but, by gosh, that is a little too much of a good thing. No, no; I will not put up with that, if this Court knows herself, and she thinks she do; I cannot stand it; no, I will just have a talk with the old chap."
The result was a free conference with Captain Davidson after supper, which ended in the understanding that the Judge was to make no charge for the time Davidson had eaten at the hotel, provided he would change to Jimmy Skien's hotel, on the oppo- site side of the street, for the remaining days he was to be in attendance on the jury. It was said that this maneuver of Judge Rice was afterwards discovered by Jimmy Skien, and was the cause of a very serious misunderstanding between these two old friends.
Poor Davidson! When the war of the rebellion broke out, he fled to England to avoid taxes. He returned after peace was established, and after some years died in St. Louis, leaving some $80,000, of which he bequeathed a small part to some near rela- tions, and the rest to the " Presbyterian Church of Ireland," which is all in litigation to this day. A book of amusing stories of this Californian miser could be told, but my space compels me to drop him here.
JUDGE WILLIAM BLACKBURN ON THE MOSAIC LAW.
Judge William Blackburn was the first American Alcalde of Santa Cruz. He was an old pioneer, I think, of 1847. He was very tall in person, and very dignified in his aspect. To look at him you could hardly fancy that he ever laughed, yet beneath this appearance of austere dignity lurked the most uncontrollable desire to create merriment and fun. He was sharp, and natu- rally witty, and had a keen sense of the ridiculous. His oppo- nents always feared him, for in controversy he was sure to give them some cut, when it was least expected, that would put them in the most ridiculous point of view, and, while doing this, not a smile would disturb his own absurd dignity.
In the Summer of '49 a man was arrested for shaving all the hair off of the tail of a very fine American horse, which a citizen had brought all the way from Kentucky to Santa Cruz. The culprit had done this to utilize the hair for making a riata. When brought before Alcalde Blackburn he confessed his guilt, 13
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so the Judge at once sentenced him to be taken to the Plaza and there publicly shaved until not a hair was left upon his head. A young lawyer who had just arrived, and who thought this a good opportunity to bring himself into notice, volunteered to defend the prisoner, but, in consequence of the confession of guilt, his efforts were fruitless. However, on hearing the extra- ordinary sentence, he indignantly demanded of the Judge by what law he was authorized to pass so strange a sentence.
" Young man," said the Judge, with solemnity, "I see you are a newcomer, and I therefore excuse your ignorance, and will answer your question for this once. In this instance I go by the oldest law known to civilization; I go by the Mosaic law, a tooth for a tooth, an eye for an eye, you know, young man; and permit me to advise you to be more careful in the study of your Bible; there is nothing like it, young man."
The sentence was literally carried out, to the great amusement of an assembled crowd.
On another occasion his courtesy to the newcomers from the State of New York saved a man's life, in this way: A man in Santa Cruz borrowed a horse from an acquaintance to make a trip to Monterey. In that town he was offered a fine price for the horse, which he considered more than its value, so he ac- cepted the money, at the time intending to bring it to the owner of the horse. But that night he was induced to try his luck at cards, and lost every dollar; so, on his return to Santa Cruz, he had neither horse nor money to present to the owner. The owner was enraged, particularly as the horse was a favorite one. He had the defaulter arrested and brought before Alcalde Black- burn, accused of the crime of horse stealing; a jury was then impaneled, and the lawyers on both sides made long, brilliant speeches. The jury retired, and it was not long before they returned with a verdict of " guilty, as charged," and, besides, ordering the man to be hanged forthwith, for, in those days, the Alcalde juries always determined the punishment. On hearing the verdict the Judge quickly asked the foreman by what State laws they had been governed in this instance.
" By the laws of Texas," was the reply.
" Well," said the Judge, " that is all right enough, but you must all, gentlemen, observe that a number of New Yorkers have lately arrived in our State; now, I think, just as a matter of good-will to the. 2, it is time their State laws should have some
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show here in California; so please take your verdict under ad- visement again, and here is a volume of New York criminal law for you to look over, and try the prisoner in accordance with the laws you there find laid down, and see what the result will be."
The jury seemed to think this courtesy to the State of New York a good idea, so they did as the Judge told them, and, after awhile, appeared with the verdict, "guilty of a breach of trust;" punishment-the prisoner to lie in jail until he should pay the owner of the horse the money he sold it for, together with all the costs of prosecution.
THE JUDGE EXPOUNDS THE LAW OF MATRIMONY IN CALIFORNIA.
In the Summer of 1849 the Judge took a trip to the mines with some friends. Then there was no steamer on the Sacra- mento, so the party proceeded up the river in the usual way at that time, by schooner. When night came they generally drop- ped anchor in some quiet little turn out of the river, went on shore and built a large fire, in the smoke of which they defended themselves from the terrible swarms of mosquitos that threatened to take their last drop of blood. On one such occasion the Judge's party dropped anchor opposite an embryo little town, consisting of three or four shanties. As the Judge and party entered the town they heard loud voices, as if in angry dispute, in a house near them. On going to ascertain the cause, they found all the inhabitants of the town, consisting, perhaps, of a dozen men and one woman, in great excitement. This house, it appeared, was the residence of the local Alcalde of the district. One of the men present, a tall, well-built Missourian, had come, with this only lady of the neighborhood, and demanded of the Alcalde that he should forthwith unite them in the bonds of wedlock. This the Alcalde declined to do, which was the cause of the row. Judge Blackburn now drew himself up to his full height, and, in his usual dignified way, asked the Alcalde the reason of his extraordinary conduct in refusing so reasonable a demand.
" Because," said the Alcalde, " this lady has a husband living."
" Yes," said the Missourian; " she had a husband, but he abandoned her, and has not been heard of for such a long time
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that he must be dead. Anyway, I am willing to take the chances, and it is none of the Alcalde's business my doing so."
The Santa Cruz Judge now bent his eyes keenly on the lady, and then turning to the Missourian, said :
" How long, sir, is it since this lady's husband left her ?"
" It is nearly three months, and when he left he told her he would be back in a month; so, you see, he is dead to a cer- tainty."
" Three months!" repeated the Judge, in a tone of astonish- ment, while his eyes were bent on the Alcalde. " Did you hear, sir ? Three months!" repeated the Judge.
" I have heard," said the Alcalde, " but I will have nothing to do with this business."
" Any man," said Judge Blackburn, " in California who has a wife, and so fine a looking wife as I see here before me, and who remains absent from her for three months, must be insane, Mr. Alcalde, or dead; and in either case the lady is free to marry again. I am Alcalde of Santa Cruz, and will, with great pleasure, perform the required ceremony to make you two man and wife. Step forward, madam, step forward, and don't be bashful; have confidence, madam; I feel sure you will get through this trying occasion without fainting, if you make the effort and do not give way to your natural shyness. Step for- ward, my dear sir, by the side of your blushing bride, and I will make you a happy man."
The ceremony over, the Judge turned to the obstinate Alcalde and said, with a patronizing sort of an air:
" You are a newcomer, my dear sir, in California, and are, therefore, excusable for the extraordinary position you took on this occasion. When you are longer among us you will under- stand ' our ways,' and make no such grave mistakes as you did this evening, which came very near destroying the happiness of two innocent, loving hearts."
Then came a man with a fiddle, andall was soon uproarious fun until a late hour that night, in which the Santa Cruz Alcalde appeared perfectly at home, and the happiest of the happy.
After the organization of the State under the first Constitution, a lawyer of the name of Pur Lee was appointed County Judge of Santa Cruz County, and a man of the name of Peter Tracy was elected County Clerk. The Judge was an American and the Clerk was Irish by birth. When sober, they were both refined
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gentlemen in appearance and manners; but, unfortunately, they were equally opposed to long spells of sobriety, which was often the cause of the most ridiculous scenes in the Judge's Court. Soon after Pur Lee went on the bench in Santa Cruz, there came to the county, to try his luck in the practice of the law, a Mr. S., a finely educated young lawyer, who is now well known among us as one of our most wealthy citizens. He was of fine appearance and pleasing manners, so he was not long left brief- less. The very first case given in his charge was an important one, and involved a considerable amount. It was to be tried before Judge Pur Lee. S. prepared it with great care, and as it was a jury case, he thought over the speech he was to make on the occasion. In fact, he rehearsed it in a lonesome spot on the seashore, like the orator of old, where, amid the sullen thunder of the dashing wild waves of the Pacific, he gave his voice full vent. The trial day came; the case was an interesting one, and the courtroom was well filled with spectators. The evidence was all taken, and looked favorable to our friend S.'s side.
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