USA > California > A picture of pioneer times in California, illustrated with anecdotes and stores taken from real life > Part 20
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He arose to sum up; and, after reviewing the testimony, dashed right into his seaside speech. All now appeared to be in wild excitement in the courtroom, to his imagination. His memory did not fail him, and he had just entered on the Fourth of July part of his speech, which he considered most beautiful, and was away up among the stars in the azure firmament, when, to his / consternation, the Judge interrupted him with:
" Mr. S., I have an authority here which I would like to con- sult before we proceed further, as to that last statement you made to the jury."
S. is almost thrown into despair at this unexpected blow from his honor, the Judge; but, wiping the perspiration from his fore- head, he stammered out:
" Well, your honor, what is the authority you wish to look at?"
The Judge quietly looks down from his bench upon Tracy, the Clerk, who was seated at his desk, before him, saying in the coolest way :
" Peter, hand out that authority."
Peter, equally unmoved, without answering, draws from under his desk a well filled demijohn, three or four glasses and a pitcher of water, placing them all on the bench before the Judge. The Judge then, while deliberately helping himself to a well filled glass, says:
Pioneer
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" Come, Mr. S., I know you must be dry, and you have over- excited that jury, so they had better come too. And Mr. Crane, your opponent, had better come also; for I see plainly that he has lost this case and needs a little consolation."
In astonishment, up walks S., in company with the jury, offi- cials, lawyers and all, to enjoy the refreshment of the demijohn.
After a second round of drinks the Judge exclaimed, address- ing the jury:
" I believe, boys, you are going to give this case to S."
To this the jury all assented; so the Judge, turning to George Crane, continued:
" That being the case, George, there is no use in pressing the matter further; it would only be a loss of time, and, besides, I see it is dinner hour."
Then, turning to S., he said:
" You can just reserve the rest of that speech for your next case; I see you have it well committed, and are not likely to for- get it. It will do for almost any occasion, you know, and I thought it a pity to let you throw it away on a case already won."
This created merriment at S's expense, which he quieted by taking Frank Alzina's hint. Frank was the Sheriff, and in so- cial tastes was something of the same sort with the Judge and the Clerk. The hint he gave to S. was that as soon as they reached the hotel for dinner, "a basket of champagne would be in order."
S's friends in Santa Cruz county, when telling this story, al- ways add that S. did in fact utilize that broken-off speech after- wards, on the occasion of his being elected Speaker of the California House of Assembly, two years later.
Be this as it may, it is certain that to this day the usual way of asking a friend to drink in Santa Cruz is, " let us consult an authority."
L. S., now a wealthy merchant of Santa Cruz, told me, among many good anecdotes of early times, one which will serve to ex- plain what sort of ministers of religion the authors of the " Annals of San Francisco " saw in gambling dens, as they rep- resented they did, in '49, '50 and '51.
Mr. L. S., the merchant I allude to, said :
" I was brought up as a machinist in my native State of Maine, and worked at it while there, and in the city of Boston.
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On the breaking out of the California excitement, I came to the State, and stopped first in the southern mines, where I worked in the placer diggings, with indifferent success. Finding that sixteen dollars was paid freely for shoeing a horse, I thought I would try my hand at that business, though I never had shod a horse in my life. I sent to Stockton for a blacksmith's outfit, and, on its arrival, opened my shop, and did first rate in the way of making money. About this time the first preacher that ever was seen in that part of the State made his appearance. He commenced to preach and hold prayer meetings at the dif- ferent mining camps within a range of ten or fifteen miles. At first his meetings were well attended. Some went for a good motive, some for a bad motive, and many without any particular motive. I went, too, at first, but I never fancied the man, and, after awhile, rather avoided him altogether. There was a cant- ing, hypocritical way about him that made me suspect his sin- cerity. He came to my shop, however, and had his horse shod all round. When I had finished the shoeing I stood looking at the minister as though I expected the " ounce " I had just earned, but instead of handing me the dust, he said:
" I suppose, young man, you are willing to charge this job as done for the Lord."
" Not much," said I. " When I want to send money to the Lord I will choose my own messenger."
He then begged off for the present, promising to pay when he got in funds; so I agreed to trust. He soon afterwards, I found, traded off the horse I had shod for one without shoes. The new horse he brought to me to shoe, and again begged off for want of funds. This, I found, was a sort of a game of his, for it occurred the third time. The last time he assured me that after the next Sabbath meeting he would pay me out of his col- lections of that day. So, for the third time, I trusted him. Monday morning came, but no Mr. Preacher to pay his bill. On mentioning the matter to one of my customers, he told me that Mr. Preacher had preached his farewell sermon, and had taken up quite a large collection, and was to start for the North- ern mines that day. The road by which I knew he must leave our neighborhood was not far from my shop; so I started for it, and taking my seat on a large rock I waited for his appearance. I was not long there when the preacher came, leading a pack- mule with all his traps.
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I had a revolver in my belt, as was the universal custom at that time, but I did not take it in my hand, or make any motion to do so. I saluted the preacher politely, saying I had come for my bill, as I had heard that he was leaving " the diggings."
He began to make excuses, and, with a whine, to talk of the Lord.
" Come, come," said I; " you will find I mean business, this time. So out with the $48 you owe me; and to be candid with you, preacher, I will tell you plainly that I consider you nothing more nor less than a hypocritical knave."
" You mean what you say, S., do you ?"
" You will find out if you do not hand out my money."
" Then there is nothing left but to pay you, I suppose."
" I see no way you can escape," said I. "So you had better act the part of an honest man and pay your debts."
He handed out the money, and, as he did so, said with a good humored smile:
" I see, Mr. S., that you will do to travel. Good morning."
In about four months after this interview with the preacher I got a good opportunity of selling out my business, which I took advantage of, as I wished to visit San Francisco and see what I could do to make money in a more agreeable way.
The second day after my arrival in the city, I was surprised, while sauntering around, to meet my friend, the preacher. He was most cordial in his recognition, and I observed that he had lost all traces of the long-faced, canting exhorter.
" What church do you preach in now ?" I asked.
" Preach!" said he, " I have given up all that d-d humbug. It did not pay worth a cent. How much money have you got, S. ? "
I was not much disposed to let him into my affairs, but I answered:
" A thousand dollars, or so."
" Well," said he, "I have a thousand, or so, more; and that will be plenty to let us open a monte bank. It will pay like smoke."
I pretended to acquiesce, and drew him out on the whole plan of operations, which I found out was a well concocted plan of villainous swindling, from beginning to end. I excused myself, just then, on the plea of an engagement for that hour, but agreed to meet him in front of the Parker House at the same hour next dlay.
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The next day I took a look from the upper side of the Plaza, and there I saw my ex-preacher walking backwards and forwards in front of the Parker House, evidently waiting for the interview with me, and there I left him; and that day I started for Santa Cruz county, where I have lived ever since.
EUGENE OF GREENHORN, OR THE IMPARTIAL JURY.
On Greenhorn Mountain, in my county (Kern), years ago, there lived a little Frenchman, known to every one as "Eugene," and I think he lives there to this day. He was a miner and a merchant both. He kept a store, well supplied with miners' goods, and in the rainy season worked himself in the placer claims that were, in places, often very rich on Greenhorn. On one occasion he had collected twenty-nine hundred dollars' worth of dust, and, thinking himself unobserved, he deposited it in the bottom of an old abandoned shaft, which was a favorite hiding place of his for spare cash.
This time, however, two travelers, who lay in the shade of some scrub oaks near by, saw him descend into the old shaft. He was no sooner out of sight, after coming out, than they were in the shaft to prospect. They found the treasure, and made off with it. It so happened that Eugene returned to the shaft again that very day, to make another deposit, and discovered his loss. He at once made for the Constable of the district, " Scotty George." He told Scotty that if he recovered the dust he would give him half of it as a reward. This was a good offer, so Scotty went to work, and soon got traces of the traveling thieves. He took a couple of determined men with him, and overhauled the robbers at White River, at the foot of the mountain, and cap- tured the sack of dust, yet unopened. But he found there three men, apparently concerned together in the robbery. So Scotty marched all the men back to Greenhorn.
At this time, there was a man of the name of John Hudnut acting as Justice of the Peace in that district. Before him Scotty took his three prisoners. Hudnut at once impaneled a jury to try them for robbery, assuming to himself the power of Grand Jury, County Court, and all. When the jury was sworn in, two smart fellows were got to act as lawyers-one for each side. I recollect that one of them was a man of the name of Fergeson,
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who was then running what the miners call a " one-mule" mine, which was very rich, though small, as its designation indicates, and which he named " Nellie Dent," in remembrance, as he said, of his old sweetheart, who was a sister of Mrs. General Grant. Be this as it may, Fergeson defended the prisoners with success. One of the prisoners proved, to the satisfaction of the jury, that he never in his life was on Greenhorn Mountain until brought there by Scotty George that day; so that let him out. The other two men acknowledged the fact of having taken the gold from the shaft, but set up the defence that they supposed it lost treasure, and that their right to it as finders was perfect.
The jury, after hearing an eloquent speech from each of the lawyers, and a pointed charge from the Judge, gave their ver- dict, or decision. It was to this effect: Scotty George was first to take half of the recovered gold, in accordance with his con- tract made with Eugene, and then the remaining twelve hundred and fifty dollars was to be equally divided between Eugene, the Justice, the two thieves, the members of the jury, and the two lawyers-share and share alike.
On hearing this verdict, Eugene began to dance around, wiping the tears from his eyes, while he swore every French oath he had ever heard in his native country, supposed to give relief on such an occasion as this.
There was one other man also dissatisfied; the man wrong- fully arrested. He made a great outcry about being left out in the cold, as he said, as they had not awarded him a dollar.
Justice Hudnut, with apparent astonishment, remonstrated with this unreasonable man. He said:
"Young man, what are you blowing about? Did you not prove to the full satisfaction of the jury that you were entirely innocent of any part in this nefarious transaction I have just been taking cognizance of ? How could you, then, expect that the jury would give you a share of the gold dust ?"
The outsider now saw his mistake, and that he should have pleaded guilty ; but it was too late. Scotty George thought his friend Eugene did come out of the business rather badly, so he gave him four hundred dollars out of his own share, and he also gave fifty dollars to the innocent man. So all were now happy except poor Eugene, who never ceased to mourn his loss. This celebrated case is often told over in Visalia, where all the parties were well known, and is, in all respects, literally true. The re-
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nowned justice, John Hudnut, in later years, left the State for his old home in New Jersey; but his brother Joe, who first re- ported the facts of the case to me, is yet, I believe, wandering on Greenhorn or Chelsey mountains, near Havilah, in search of his fortune.
DAN MURPHY DISPERSES HIS SQUATTERS.
Mr. Daniel Murphy owned a large and valuable tract of land in the southern part of Santa Clara county. In old squatter times this splendid property did not escape from the wild squat- ting fever that ran through the whole country, while the titles to Spanish grants were yet unconfirmed by our government. Dan took no notice of his squatters, never even ordering them away. This was a different sort of policy from that pursued by most of the other land-holders, and the squatters hardly knew what to make of it. At length they grew very uneasy, and finally con- cluded to consult a lawyer, of the name of Green, who was a sort of a public nuisance at that time, pretending to great learn- ing in all the laws that related to Spanish grants. This fellow secured a good round fee from the squatters, and undertook the investigation of Murphy's title to his ranch. In due time a meeting was called, to hear Green's report, at a large house built by a squatter, about where the " Eighteen-Mile House " was af- terwards built, on the San José road. Just as the meeting was called to order, with Doctor Lively in the chair, some one spied Murphy himself riding leisurely along the road toward San José. A proposition was made to call him in, that he might hear Green's report and defend his title, if he could do so. Without hesitation, Dan accepted the invitation. Green read his report, and explained it all first rate. It completely demolished Mur- phy's title to the ranch, and even hinted that Murphy was a trespasser in removing or taking away any of the cattle. The cattle, it was said, belonged to the ranch, and the ranch belonged, beyond all doubt, to the settlers who had staked out their claims on it.
As soon as Green took his seat, the chairman of the meeting requested Mr. Murphy to say what he wished in defence. But Mr. Murphy, in the most condescending and polite way, re- quested other gentlemen to give their views. So, one after an- other, all the smart talkers relieved themselves of their thoughts,
·
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and, of course, were fully convinced that Mr. Green's views were entirely right, and that they not only had found " Congress land," but " Congress cattle " as well. To each talker Dan listened with the utmost attention, always when a speaker took his seat calling for another gentleman to give his sentiments. In this way he succeeded in keeping some squatter talking until night was closing in. When all had spoken there was a general call for Murphy. He then arose and said:
" Boys, I have not a word to say, but that I have seldom or ever spent so pleasant an afternoon as I have to-day, listening to so many fine talkers, and I think the least I can do on this oc- casion is to treat the crowd. In fact, I think it is my treat, so I invite all hands to come into Doc. Lively's saloon, where we will have a good, old-time hot-whisky punch, for it is now late and getting cold."
The squatters were surprised and evidently put out at this way of taking Green's attack on his title, but in the prospect of a free drink they soon lost sight of everything else. So they ac- cepted the invitation and drank freely, and parted with Murphy in the best of humor. As Dan threw himself into his saddle, he said:
" Above all things, boys, take care of that enterprising young lawyer, Mr. Green; he is certainly a starter for a Chief Justice, or something of that sort."
In a moment more Dan was out of sight, and the only dark, dissatisfied man he left behind him was the embryo Chief Jus- tice, Green.
In one month after this meeting Murphy had not a squatter on his ranch.
In Tulare county, a little north of where I then resided, some years ago, there was a grand old-time rodeo. Ten thou- sand cattle were said to be on the ground. All the great cattle kings of Southern California were there; Lux & Miller, Dan Murphy, Fowler, Dunphy & Hildreth, O'Connor and many oth- ers. Of course there were vaqueros without number, marking, branding and selecting out fat cattle for the market. Soon there arose a great row among the vaqueros. Then came the news that one of Murphy's vaqueros had drawn his six-shooter, and had dangerously wounded some other vaquero. The wound- ed man went to the nearest Justice of the Peace, and had a war- rant issued for the arrest of the belligerent vaquero. There was
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no lawyer at hand, so Dan Murphy volunteered to defend the prisoner himself. All the kings of the cattle at once assembled, evidently anticipating some fun in the scene of Murphy's acting the lawyer.
The District Attorney happened to be near at hand, and there- fore appeared for the prosecution. To the astonishment of that worthy official, after he had done up his side of the case, the first witness called by the defendant's attorney was an Irishman just arrived from Ireland, who candidly declared himself en- tirely ignorant of the whole matter, not even having been on the rodeo ground when the fray occurred.
" That makes no difference, my friend," said Dan, " You know, undoubtedly, just what I want to show to this honorable Court. I want you to describe to this honorable Court, to the best of your knowledge and belief, what a shillalah is, and for what purpose it is mostly used in Ireland."
The District Attorney here objected, and said that this had noth- ing whatever to do with the case. The Justice said that he thought it better to let Mr. Murphy develop his theory of the defence of the prisoner in his own way, as the Court wanted " justice, yes, vig- orous justice, dealt out on this occasion," and he wanted all the light possible thrown on the case. "There was often," he con- tinued, "great dissatisfaction found with the practice of the higher Courts, in excluding all testimony that could not be un- derstood as bearing on the case before them." This was a grave error, that should never be made in his Court, he hoped.
Then, with his eyes fixed on the District Attorney, with a re- proving expression, he coneluded, " The objection is overruled; Mr. Murphy will proceed."
Dan now showed, by this son of the Emerald Isle, what a shil- lalah was, and that it was used by powerful men at fairs and other public assemblies in Ireland, as a conservator of the peace.
" Then, my friend, from your knowledge of the shillalah, you consider it a peace-maker."
" Why then, indeed, Mr. Murphy, it makes peace very often, as well as sometimes pieces of a fellow's head."
" Yes, yes," interrupted Dan. " Then you consider a shillalah a peace-maker ?"
" Faith, it is sir; when it is a smart boy that handles it."
" Yes, that is just what I wanted to prove, your Honor, by this witness; that in Ireland a shillalah is viewed by everyone as
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a peace-maker. District Attorney, you can take the witness." " He can go to the Devil; I have nothing to ask him."
The Justice at once arose to his feet, and, looking at the Dis- trict Attorney, said in a voice of injured dignity: " Mr. District Attorney, I allow no indecorous language in this Court, sir, and if you indulge again in such expressions during the examination of this important case, I will have to vindicate the dignity of this Court, and fine you, sir."
Then, as he wiped his face with his handkerchief to allay his excited feelings, he took his seat, and continued: " Proceed, Mr. Murphy."
Dan then called an old resident of Tulare county, and after he was sworn addressed him thus :
" Mr. Hawkins, you have heard all our friend from Ireland has so clearly testified to, as to the shillalah. Please state to the Court if you know of any weapon used in this county in a simi- lar way, and if so, Mr. Hawkins, say what that weapon is."
" Well, I do; and it is a six-shooter, or revolver, as it is usu- ally called."
" Just so. Now, Mr. Hawkins, please say to this Honorable Court if you have ever witnessed cases, with your own eyes, when this Tulare ' peace-maker ' did in fact make peace ?"
" Yes, when in good hands, it often makes peace; as it did to- day on the rodeo grounds, in the hands of that prisoner."
" District Attorney, you can take the witness."
" I don't want him; he can go where I told the Irishman to go."
The Justice looked very hard at the prosecuting officer, but said nothing, seeming to think his language just within bounds.
Dan then announced that he rested his case.
The Justice asked the District Attorney if he would sum up his side, but that officer declined, muttering something, in a low voice, about justice and a d-d farce.
" What do you say, sir ?" said the Justice, in a voice of loud indignation. " What is it you are pleased to call a d-d farce ?"
" What I said was not intended to be heard by the Court."
" Oh, well, Mr. Attorney, I take your apology; I know you could not so far forget yourself as to apply such language to this Court."
Then, turning to Murphy, he said:
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" Please, Mr. Murphy, sum up, and close this case."
Dan, it is said, fairly outdid himself in witty argument in de- fense of the prisoner, suitable to the testimony he had intro- duced. When he closed, the Justice rendered a short oral opinion, closing thus:
" In my whole official career, I must say, I never recollect a case coming before me that was so well and ably handled in the defense as this case to-day; nor can I recollect a case so impor- tant in its character; so pregnant of results. My friends, this case will, in the future, be cited by the most eminent jurists in the higher courts of the State, as a precedent not to be disre- garded. Mr. Murphy, allow me to congratulate you, sir, on the ability you have to-day displayed. Your research into Irish au- thorities was entirely in place, fully as much so as the constant citation of English authorities our bar is so prone to. In your case nothing but an Irish authority would have answered, and, I must say, it was exactly in point, and has enabled the Court to come to a prompt decision in this intricate case. Your name, sir, will live as long as Tulare county has a 'peace-maker ' left. The prisoner is discharged from custody, and this Court stands adjourned."
Soon afterwards the District Attorney took this case before the Grand Jury in Visalia, and sought to get the fighting vaquero indicted, and also the Justice of the Peace before whom he was examined, but Dan Murphy was called before the jury, and af- ter hearing his statement they ignored both bills. That evening the jurymen were Dan's guests at an extra good dinner, where, it is said, even the wounded man and the District Attorney gave in, and joined heartily in all the fun of the entertainment.
HOW DAN MURPHY WAS SOLD.
Long ago, I think in the winter of 1852, Dan Murphy sold a band of fat cattle in San José, where he lived at the time. He was paid in gold coin, some fifteen thousand dollars. This lie put in his valise, all ready for an early start for San Francisco the next morning.
These were the days of stage coaches, and stage coaches only, as a means of travel in California. So an hour before daylight, and a cold, disagreeable Winter's morning it was, the stage rolled
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up to Murphy's dwelling-house, and Cole, the famous driver of those days, sang out lustily for his expected passenger. More asleep than awake, Dan appeared at his door with valise in hand; the valise he pushed under one of the seats of the stage, cover- ing it with some straw, that was put in the stage to keep the feet warm, and then he leaped on the driver's box alongside of his friend Cole. In a moment more they whirled back to Beaty's for the hotel passengers.
It so happened that a miner, who had been prospecting for gold in the Southern California mountains, slept at Beaty's that night, and was going in the morning to San Francisco. As he appeared to take his seat in the stage, he held a valise, the exact match of Murphy's, though this Dan did not observe. It was weighty, also, and the owner, who was wrapped in a miner's blanket, seemed very careful of it. He, too, stowed away this valise under the same seat with Murphy's, and threw himself into a snug corner, to doze and dream of quartz ledges that would yield five hundred dollars to the ton. The roads were terribly bad that day, and Cole did not reach the old stand on the Plaza in San Francisco until an hour after dark. The in- stant he drew up his horses, Dan leaped from the box, pulled the coach door open and reached in, grasping his valise, as he supposed, and walked off with it. The miner did the same. Dan, on reaching his hotel, handed his valise to the hotel-keeper unopened, intimating its contents. The next morning he shaved up, and, putting himself in a presentable shape, called for his valise, and departed for the bank of Page, Bacon & Co. After shaking hands with the bank people and having a little chat, and the usual lively joke, Dan applied his key to the lock of the valise. It fitted exactly. But, lo! what did Dan find in the valise ? Not his gold, but instead of it a quantity of quartz, sparkling with the precious metal, as if to make fun of him! In astonishment, he grasps at the remaining contents of the valise, but what again does he find ? Four soiled shirts; nothing more! Dan enjoys a joke, but this was a little too much for even him; and it is whispered that the expressions which now escaped his lips would be indecorous if used in the neighborhood of a church, or even in a lady's parlor. What was to be done ? The banker suggested an immediate visit to the Chief of Police. Dan took the hint, and leaving valise, quartz, soiled shirts, and all, scattered on the floor of the bank, he dashed off with his hat
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