An illustrated history of Sacramento County, California : containing a history of Sacramento County from the earliest period of its occupancy to the present time, together with glimpses of its prospective future portraits of some of its most eminent men, and biographical mention of many of its pioneers and also prominent citizens of today, Part 9

Author: Davis, Winfield J., 1851- 4n
Publication date: 1890
Publisher: Chicago : Lewis Pub. Co.
Number of Pages: 916

USA > California > Sacramento County > An illustrated history of Sacramento County, California : containing a history of Sacramento County from the earliest period of its occupancy to the present time, together with glimpses of its prospective future portraits of some of its most eminent men, and biographical mention of many of its pioneers and also prominent citizens of today > Part 9

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Judge Clark died January 27, 1883, and Governor Stoneman appointed John W. Arm- strong to succeed him. At the general election held November 4, 1884, W. C. Van Fleet was elected for the full term, and he still occupies the bench.

THE ATTORNEYS OF THE PAST.

James C. Zabriskie was the first city attor- ney. He was a native of New Jersey, of Polish stock, was Colonel of a regiment of New Jersey militia, and with his regiment participated in the inaugural ceremonies of President Jackson, and was warmly entertained by that stern old veteran. He was an intimate friend of Com-

HISTORY OF SACRAMENTO COUNTY.

modore R. F. Stockton, after whom the city of Stockton was named, and was selected as master of ceremonies on the occasion of the inspection by the great peacemaker, on board the Commo- dore's frigate, Princeton, on the Potomac River, in 1844. Theinspection was witnessed by Presi- dent Tyler, members of the cabinet, foreign ministers, members of courts and the represen- tatives of the beauty and fashion of the national capital. The guns had been fired twice, satis- factorily, and the guests were about to retire to the banquet, when one of the cabinet officers begged Stockton to fire just once more. The Commodore complied, and it proved to be "three times and ont," for the immense piece exploded with terrific force and scattered death and deso- lation about the deck! The Secretary of State and of the Navy and several other distinguished persons were instantly killed, while Thomas H. Benton, Commodore Stockton and many others were more or less injured. The life of the Presi- dent was saved as by a miracle.

Zabriskie arrived in Sacramento in 1849 and established a law office in a little shanty under an oak tree which stood near the intersection of Second and K streets. His library consisted of a single volume, "The New Jersey Justice." He had, however, a good business, and in a few months was elected second alcalde.

In early days he was a Democrat and a fol- lower of David C. Broderick, and published a paper, called the Saeramento Register, in favor of Broderick. Afterward he became a Repub- lican, being one of the first to espouse the cause of that party in this county. In 1861 he re- moved to San Francisco and continued in law practice there until his death July 10, 1883.

M. D. Reed and B. F. Ankeny were in part- nership; the latter was deputy clerk.

James H. Hardy was elected district attorney ; afterward, January 28, 1859, was appointed judge of the Sixteenth Judicial District by Gov- ernor Weller, and later he was elected by the people to that office. During the war he was impeached by the Assembly for treasonable ut- terances, and his trial before the bar of the Sen-

ate resulted in his removal from office, May 14, 1862. He afterward removed to Virginia City and thence, in 1866, to San Francisco, where he died, June 11, 1874, at the age of forty-two years.

Lewis Sanders, Jr., was city attorney.

Joseph W. Winans left New York City, his native place, with a party of young men who had formed a joint-stock company, and who had purchased and furnished a sailing vessel, and they came around by Cape Horn to this coast. Winans had no idea of making anything but a transient trip, and expected to pick up lumps of gold from the surface, enough to furnish a com- petence. Ile left his office practice in the care of a partner. The vessel arrived at San Fran- cisco, August 29, 1849, and was brought up the Sacramento River and anchored opposite Sutter- ville. At that point the members of the com- pany gathered their mining implements and started for the mountains, and Mr. Winans pur- chased from them a controlling interest in the bark. At the solicitation of R. N. Jessup- afterward a prominent citizen of California, he opened a law office in Sacramento and took charge of an important law case for Jessup. The profits from his law practice extended beyond his anticipations. In the great fire of 1852 his law library, one of the largest in the State, was destroyed, and the few books that were saved were deposited in an iron building for security; but that building also was burned.

Mr. Winans went to San Francisco, purchased an extensive library and rented a primitive but high-priced office here, in which he did business during the day and slept at night; but the first great stormy winter demonstrated that the roof was decidedly " nnseaworthy," and one night his new library was ruined by the water which came in torrents through the roof. In 1861 he removed to San Francisco and continued his practice until his death, March 3, 1887.

While in Sacramento he was prominently identified with the society of pioneers and the City Library Association, and was an early presi- dent of botlt these institutions. Ile was dele-

HISTORY OF SACRAMENTO COUNTY.

gate at large to the last Constitutional Conven- tion, taking an active and important part in its proceedings. He was also a writer of distine- tion. Several of his poems have been exten- sively republished; and his prose writings in the Placer Times, the Sacramento Union and other journals have attracted wide attention. His private library was the best selected in the State. For several years he was regent of the State University, and for a time was president of the Society for the Prevention of Cruelty to Animals, and also of the Society for the Preven- tion of Cruelty to Children.

J. G. Hyer was in partnership with Winans for a time.

John C. Burch practiced law here and was a member of Congress. Was in favor of the es- tablishment of the " Pacific Republic," and wrote the remarkable " Cactus " letter.

Edmund Randolph, a descendant of the cele- brated John Randolph, "of Roanoke," was a prominent man in this State.

A. T. Ward was one of the pioneer lawyers.

Edward J. C. Kewen was born in Mississippi in 1825, and was thrown upon his own resources at the age of thirteen years. He studied law, and at the early age of nineteen years he entered politics and became a prominent orator. He came overland to California with Dr. T. J. White and family, and married a daughter of the Doctor's in this city, December 10, 1849; this was probably the first marriage in Sacra- mento. Colonel Kewen was elected the first Attorney-General of the State, by the first Leg- islature, soon after his arrival. In 1851 he was a Whig candidate for Congress, but was de- feated by a small majority. He left Sacramento in 1852, and established himself in law practice in San Francisco. He was, however, of a rest- less and daring disposition. One of his brothers was second in command under William Walker in the fillibuster expedition to Nicaragua, and was shot and killed there, in June, 1855.

Colonel Kewen was an intimate friend of Walker, went to Nicaragua and was at once commissioned by Walker as the financial agent

of the embryo republic, and also became a mem- ber of the judicial tribunal. He took an active part in the subsequent military movements there, and at the close of Walker's rule returned to San Francisco. In January, 1858, he became a citizen of Los Angeles, where he died Novem- ber 25, 1879. He was several times a member of the Legislature, and in 1868 ran for Presi- dential elector on the Democratic ticket.

Philip L. Edwards; see Chapter VIII., “ Leg- islators."

James L. English, who still resides here but is out of practice, served at one time as mayor of this city, and at another as State Treasurer.

Horace Smith was a prominent lawyer and distinguished citizen, and died at Virginia City December 4, 1863.

Murray Morrison was a brother of the late Chief Justice Robert F. Morrison, who in early days was district attorney of the county. He afterward served as district judge in the south- ern part of the State, and died at Los Angeles, December 18, 1871.

Other men who have served as district attor- neys of Sacramento County have become mem- bers of the United States Senate; as, Milton S. Latham, who was first elected Governor, and a few days afterward United States Senator; Cor- nelins Cole; and Frank Hereford, who removed to the East and was elected from West Vir- ginia.

W. H. McGrew's name appears in the Direct- ory of 1853 as a lawyer here.

J. Neely Johnson was elected Governor by the Know-Nothing party in 1845, afterward re- moved to Nevada and served on the Supreme Bench there. He died at Salt Lake, August 31, 1872.

Ferris Forman was appointed Secretary of State by Governor Weller, January 9, 1858, and served for a while as judge of the Ninth Jndi- cial District. He now resides in the East.

Thomas Sunderland was a lawyer here in the early '50s.

Robert C. Clark, who was on the bench for many years as county and superior judge, was

HISTORY OF SACRAMENTO COUNTY.

the son of Governor James Clark, of Kentucky. He died in this State, January 27, 1883.

James W. Coffroth represented the county of Tuolumne in the Assembly and Senate several terms, and unsuccessfully ran for Congress sev- eral times on the Democratic ticket. He died in Sacramento, October 9, 1872.

E. B. Crocker was appointed a justice of the State Supreme Court to succeed Stephen J. Field, on May 21, 1863. Field had been ap- pointed by President Lincoln as associate jus- tice of the National Supreme Court. Later Judge Crocker made extended visits to Europe and made one of the finest art collections to be found in America, which is now public property in this city. He died in this city, June 24, 1875, and his widow has distinguished herself in several magnificent gifts to the public. See sections on Crocker Art Gallery and Marguerite Ilome in this volume.

W. R. Cantwell, a Western man, served one term as police judge and afterward moved to San Francisco, where he died.

W. S. Long, a lawyer of note, practiced in this city twelve years; was police judge, and afterward represented Colusa County in the Legislature. Died at Shasta, February 21, 1871.

In partnership with Long for a time were Charles D. Jndah and Presley Dunlap. Dunlap was born in Pennsylvania, in 1817; moved to Illinois and then to Iowa, where, in 1842, he was elected clerk of Des Moines County, and was recorder of that county for two years. When a young man he was a warm and intimate friend of John C. Breckenridge. He arrived in Cali- fornia, August 16, 1849, and in October follow- ing was appointed deputy sheriff by the first sheriff of the district, there being then no State or connty organization. In December, 1849, he was appointed clerk of the court, and at the first county election, in April, 1850, was elected county clerk. For a time he was surveyor, and afterward lawyer. In 1857 he was elected city police judge, and after that term expired he continued in the practice of law until his death in this city, September 23, 1883. In 1879 he

represented this county in the Constitutional Convention.

Tod Robinson was at one time the reporter of the State Supreme Court, and died in San Mateo County, October 27, 1870.

Messrs. Botts and Sackett have already been mentioned.

George R. Moore died here June 22, 1868. His son practiced law in connection with Judge N. Greene Curtis, and died here several years ago.

D. W. Welty, a partner of Moore, is noticed in Chapter VIII., having been a " Legislator."

John B. Harmon and R. H. Stanley were partners of Thomas Sunderland.

I. S. Brown figured prominently as a crimi- nal lawyer, being engaged in many important cases. He died in the spring of 1889, while holding the office of justice of the peace in this city.

George Cadwallader arrived in California in 1849, engaged in merchandising, studied law, was adınitted to the bar and rose to a position of prominence in his profession, having much to do with mining-débris litigation. He re- moved to San Francisco, where he died April 28, 1884, never having held any public office.

A. Comte, Jr., represented the county in the Assembly and Senate. He is now a merchant in San Francisco.

Samuel Cross, who died here a few years ago, was a searcher of records as well as a lawyer.

Thomas C. Edwards, son of Philip L., died many years ago.

C. G. W. French practiced law many years in Folsom, then in Sacramento, and while here was appointed by President Hayes Chief Jus- tice of Arizona.

A. C. Freeman, who is a distinguished com- piler and writer of standard law books, and editor of "American Decisions," is now residing in San Francisco.

A. H. Lynch, his former partner here, was at one time a justice of the peace, and came to be a journalist of some note. Died a number of years ago.

HISTORY OF SACRAMENTO COUNTY.

L. H. Foote was a police judge. Is the author of a number of poems and prose articles which have been published in magazines. He was for a time United States Consul at Corea.

T. W. Gilmer served as police judge, and also as justice of the peace. Died a few years ago.

James C. Goods was one of the most promi- nent criminal lawyers in the State; served several terins as district attorney, and was one of the leaders of the Democratic party. Died in this city November 23, 1877.

Henry Hare Hartley occupied a foremost position in the bar of the State; was county judge of Yolo County, and in 1865 ran on the Democratic ticket for justice of the Supreme Court, but was defeated by Judge Sanderson. He died in this city March 12, 1868.

E. H. Heacock; see Chapter VIII.

J. G. MeCallum was once a State Senator from El Dorado County, and subsequently Regis- ter of the United States Land Office in Sacra- mento.

Daniel J. Thomas, besides being a lawyer, was most conspicuous here for having been con- nected with some of the railroad enterprises. Died here several years ago.

Gregory Yale, a prominent member of the bar here, moved to San Francisco, where he died June 16, 1871.

Thomas Conger was police judge and justice of the peace. Died several years ago.

Henry Edgerton was one of the most brilliant men who have figured in the political and legal history of the State. He was a matchless orator. Served as district attorney of Napa County, and prosecuted the celebrated case of Edward McGowan, which grew ont of the acts of the vigilance committee of San Francisco in 1856. He served in the State Senate from that county in the eleventh and twelfth sessions. He died at San Francisco, November 4, 1887.

Thomas J. Clunie represented San Francisco in the State Senate during the twenty-fourth session, and November 6, 1888, was elected to Congress, which office lie now holds.

Jo Ilamilton served two terms as Attorney-

General of the State, and is now practicing law at Auburn.

William C. Stratton was State Librarian.

Creed Haymond and C. T. Jones; see Chap- ter VIII.

J. T. Carey served one terin as district attor- ney, and ran unsuccessfully for State Senator. He is now United States District Attorney, ap- pointed by President Cleveland.

William Neely Johnson, brother of the former Governor, was at one time State Libra- rian. He afterward became blind, and finally died in San Francisco in June, 1885.

J. G. Severance was a prominent member of the bar of Amador County, as well as of this county at another time, and is now practicing in San Francisco.

James E. Smith was a partner, at one time, of Henry Edgerton; has been dead several years.

John K. Alexander was district attorney, and at present is superior judge of Monterey County.

T. B. McFarland and R. C. Clark were judges; already noticed.

Hamilton C. Harrison, a prominent Free- mason, was at one time county clerk, and is now deceased.

Silas W. Sanderson represented El Dorado County in the Legislature, and in October, 1863, was elected justice of the State Supreme Court; in October, 1865, was re-elected, but resigned January 4, 1870, and became attorney for the Central Pacific Railroad Company, which position he held until his death, in San Francisco, June 24, 1886.

W. B. C. Brown served as county clerk, and February 6, 1876, was appointed controller of State, to fill the term mnade vacant by the death of James W. Mandeville. He was a prominent candidate for the Democratic. nomi- nation for Governor in 1882, but he died April 12 of that year, in this city.

Paschal H. Coggins was brought up in Sacra- mento, and served for a while as justice of the peace. Ile is now practicing law in Philadel- phía.

HISTORY OF SACRAMENTO COUNTY.

James L. English, once mayor, died at Sacra- mento, May 29, 1889.

Twenty or thirty other lawyers, of less note than those mentioned, have practiced in Sacra- mento.

THE PRESENT BAR.

The last City Directory furnishes the follow- ing list of attorneys now practicing in Sacra- inento, extended sketches of some of whom appear in a subsequent portion of this work:

D. E. Alexander, Add. C. Hinkson,

W. A. Anderson,

Joseph W. Hughes,

C. W. Baker,

Albert M. Johnson,

Beatty, Denson & Oat- man,

Grove L. Johnson, Matt. F. Johnson, Daniel Johnston, C. T. Jones,

George A. Blanchard, I. S. Brown,

Jay R. Brown,

Frank J. Lewis,

Elwood Bruner,

W. S. Mesick,

Jnd C. Brusie,

Ed. M. Martin,

Alex. N. Buchanan,

McKune & George, G. G. Pickett,

A. P. Catlin,

Catlin & Blanchard,

W. S. Church,

Richard M. Clarkin, J. P. Counts,

Charles N. Post, John F. Ramage, Ed. I. Robinson, Frank D. Ryan, John Shannon,

N. Greene Curtis,

George G. Davis,

Peter J. Shields,

Robert T. Devlin,

Singer & Gardner,

James B. Devine,

William Singer, Jr., Henry Starr,

Chauncey H. Dunn,

Horace Stevens,

Wilber F. George,

Taylor & Holl, Ed. F. Taylor,

W. A. Gett, Jr., Gabriel Haines,

M. C. Tilden,

George Haines,

John C. Tubbs,

A. L. Hart,

John West, Jr.,

Elijah C. Hart, John Heard, William Henley,

Lincoln White,

Wilson A. Henley,

A QUEER CASE.

A remarkable case of inistaken identity was recently related by Attorney Paschal H. Coggins before the Medical Jurisprudence Society in Philadelphia, as having come under his personal observation. Two men-John A. Mason, of Boston, and John A. Mason, of Illinois-left their respective homes and went to California

in search of health and wealth. They were both wagon-makers. One left a wife and two sons in Boston, and the other a wife and two daughters in Illinois. The Boston wife heard nothing of her husband after three years' ab- sence, and twenty years later heard of the.death of John A. Mason, a wagon-maker. She brought suit for his property, his photograph was identified by twenty witnesses, but at the last moment the Illinois wife turned up and proved that the man was her husband, and the later developments showed that the Boston pioneer died alone and friendless. -- N. Y. Graphic.

Upon this Themis comments as follows: "The Coggins referred to was a resident of this city, and at one time the law partner of Creed Haymond. He was also a justice of the peace here, married the daughter of one of our pio- neer citizens, and afterward removed with his family to Philadelphia, where he has since re- sided. He is a son of Paschal Coggins, at one time one of the editors of the Sacramento Union, and who represented this county two terms in the Assembly. Coggins, Sr., ran for Congress against H. F. Page in 1872, on the independent ticket. The case referred to was that of Supervisor John A. Mason, of this city. It was certainly one of the mnost remarkable cases that ever came np in court, but the state- inent in the Graphic is not strictly correct. The case was tried before the late Judge Clark. In the contest Hayward & Coggins appeared for the lady contestant, and the late George Cadwalader and W. A. Anderson for the will. It was developed that there were two John A .. Masons; that they followed the same trade- carriage-making; and that they came to Cali- fornia about the same time; one, however, by steamer, and the other overland. By a strange coincidence the Mr. Coggins referred to was a passenger on the same steamer with the Mason - who came by sea, and he was referred to in the printed passenger list as an "infant." It fur- ther developed that the two Masons worked at their trades in the same block in Sacramento City-Third street between I and J. After the death of Supervisor Mason his sons, grown

Edward J. Dwyer,

Clinton L. White,

Young & Dunn.

William H. Beatty,

Isaac Joseph,

HISTORY OF SACRAMENTO COUNTY.

men, applied for letters on his estate; their issuance was contested by a lady and two grown daughters, who claimed to be the wife and offspring of Mason. There is no doubt that the contest was in good faith and that the lady believed that the deceased was her hus- band. The testimony, however, developed that there must have been two John A. Masons, and that the husband of the lady contestant had,

like many another of the California argonauts, disappeared long years ago. It was strange that photographs of Supervisor Mason were identified by his mother and other relatives in Massachusetts, and that the same pictures were identified by prominent citizens of Illinois as being the other Mason. Judge Clark held against the contestants, but said that there was no doubt of the good faith of their contest."

HISTORY OF SACRAMENTO COUNTY.

CRIMINALS.

CHAPTER X.

N Sacramento there have been twenty-four executions of criminals, sixteen of which were according to the forms of law. We have space here for a brief account of the prin- cipal cases.

In 1850 robbery and murder became so fre- quent, while the law's delays were so characteris- tically slow, that the people became exasperated and arose in self-defense. The first victim of their vengeance was Frederick J. Roe, a professional gambler. While quarreling at a monte table in the Mansion House, corner of Front and J streets, he engaged in a fight with an unknown man. The bystanders separated them and stopped the row several times, but it was as often renewed. At length a peaceable and industrious citizen named Charles Humphrey Myers, an immigrant from Columbus, Ohio, and a partner in the blacksmithing establishment of Joseph Prader & Co., again parted thein, when Roe shot him for interfering. The ball entered Myers's head, but did not kill him instantly. He was carried to the blacksmith shop, where the wound was examined by surgeons and pro- nounced to be necessarily fatal. The excite- ment of the large crowd which had gathered became intense. Dr. Mackenzie, a member of the City Council, mounted a wagon and made a violent address, stating that erime had run ramp- ant long enough; that the courts and officers

seemed powerless to prevent it; but that it must be stopped somehow, or all respectable and honest people must leave the city; that the remedy was now in the people's own hands, and that it was a duty each of them owed to society to aid in applying it. He was followed by David B. Milne and Ross and Taplin in the same strain.

The addresses were effective. A meeting was organized, of which Ross was appointed presi- dent. In the meantime Roe had been taken into custody by the officers, and news was brought that he was in the station-house, corner of Second and J streets. The meeting promptly and unanimously resolved to bring him out, and a large crowd proceeded to the prison, where a still larger body had assembled. One Everard addressed them, stating that if ever they in- tended to rid the city of the scoundrels that infested it, now was the time. He advised the appointment of a committee who should deter- mine what justice was in the case, and James Queen followed to the same effect, urging the selection of a jury for the immediate trial of the prisoner. These speeches were continually inter- rupted by loud and long cheers, mingled with cries of " Ilang him," etc.

The city marshal, N. C. Cunningham, next followed, stating that he had the prisoner in custody and that he should not escape; but in

HISTORY OF SACRAMENTO COUNTY.

the name of God and Sacramento let him be tried by the proper tribunal, the courts of the country. He was interrupted by cries of " No, no; they have proved useless to prevent crime and punish murder." But he continued: "If he don't get justice in the courts, then I will help you get it; I pledge you my honor I'll re- sign my office and help yon; but now I am a sworn officer and you cannot, you shall not, have him while I am such." He attempted to continue further in the same strain, but his voice was drowned in cries of, " Let the people have a jury," etc. Queen tried it again. He was in favor of laws and of supporting them, but ours have proved inoperative; let us have a people's jury; let us imitate San Francisco."

C. A. Tweed was then called to the chair, who said he believed the prisoner was a great scoun- drel and ought to be hanged, but he wanted the hanging to be done by law. He was con- sequently hustled out of the chair and Scrantou forced in. Then Justice of the Peace Bullock attempted to speak in behalf of law and order, but his voice was immediately smothered be- neath tumultuous cries of " Jury! jury! appoint a jury."

A jury was announced, all of whom accepted, except F. C. Ewer, who stated that he was a newspaper man, and that it was his duty to make an unbiased report of the proceedings, which he could not do if he participated in them. Dr. V. Spalding was appointed in his place. The jury retired to the Orleans, on Second street, and organized by appointing Levi Hermance foreman, and George G. Wright secretary. A committee was appointed to guard the prisoner and see that the officers did not remove him. Some of the officers attempted at various times to address the assemblage, but were invariably shut off. The marshal again addressed the peo. ple, stating that the prisoner could not be taken from his custody until his own life had been taken; " If Roe escapes the courts you may have him; but now I call on all good citizens to aid me in his protection." Some four or five advanced, but the only notice the crowd took of

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Author: Davis, Winfield J., 1851- 4n Publication date: 1890 Publisher: Chicago : Lewis Pub. Co. Number of Pages: 916

Author: Davis, Winfield J., 1851- 4n
Publication date: 1890
Publisher: Chicago : Lewis Pub. Co.
Number of Pages: 916