USA > California > San Joaquin County > An illustrated history of San Joaquin County, California. Containing a history of San Joaquin County from the earliest period of its occupancy to the present time, together with glimpses of its future prospects; > Part 11
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planations were made which led to a compromise and even friendship.
Judge Belt in 1852 moved upon the Merced river, and while a resident there he was killed here in Stockton on Center street, about 1870, by a man named Dennis. The latter was con- victed of murder and sent to the State prison, where he died. Roberts was afterward killed while in the act of committing robbery.
The heart of kindness and the soul of principle that often underlie a rough exterior, so charac- teristic of the early Westerner, are well described in the following poem, composed by Judge J. G. Swinnerton and read by him before the San Joa- quin Valley Pioneer Society at their banquet on Admission Day in 1884:
PIT RIVER BILL.
Yes, just as you say. He's as rongh as a bear ; He's all that you most would dislike. Heswears like a pirate, gets drunk as an owl, And speaks in the purest of Pike. His manners are bad and his morals are worse, I'll agree-paint him black as you will ; But while I've a roof-tree to cover my head There'll be quarters for Pit River Bill.
In the dead hours of night he comes staggering in Smeared with mud from his boots to his head ; He ruins my carpets, leaves trails on my stairs, And camps down on my daintiest bed. Next day he wants drugs, a physician, and, worse, Says he thinks he has "liver complaint;"
And the uproar he makes with his call-bell upstairs Would awaken the wrath of a saint.
He asks nie for money " to buy some new clothes :" He'll get drunk on it, that I well know.
He'll bny clothes, but he'll order them all charged to me: With the money he'll " go on a blow." He has done it for years, and you think it is strange, When I know every point in his game,
That I feed him and clothe him and bear with the faults Of this savage whom nothing can tame.
Well, it is rather strange; that I'm bonnd to confess; You cannot understand it, I fear, For no tenderfoot ever could quite comprehend A genuine old pioneer. But I'll tell the story-'twill do you no harm, Though it do you no good to be told-
A short reminiscence from out the great book, Yet unwrit of the brave days of old.
In '50 it was. We had got here at last, Tired, hungry, and all travel-stained.
All our weak ones had died, all our cowards turned back ; The true Argonauts only remained. We were told that Pit River had placers so rich We could gather up gold by the ton ; So we went there and took up a claim on a creek And gave it. the name of Gold Run.
What happened us thro' that late summer and fall, Would be useless and tedious to tell ;
Late and early we toiled, but we had a good claim, And our labor was paid more than well; But the snow fell too early, and then we soon learned Alter all gold is not everything;
Every trail was snowed up, and the great question was How to keep off starvation till spring.
There were four of us then, but one day Old Kentuck Took his rifle and said: " Boys, see here, Thar's a clearin' up thar jist arisin' the hill, And the place it looks likely for deer." Half way uy the mountain he waved us adieu And shouted: " Now keep up the fire :
If I ain't back by night an' I don't bring a buck, Put Old Kentuck down for a liar !"
Night came, but not he. The next day we turned out, But the snow fell and covered his track;
Three went out to seek him, but Bill and myself Were the only ones ever came back.
I've been told that next spring, when the snow melted off, High upon that mountain were found
Two bodies, two guns, and the bones of a deer Lying all in a heap on the ground.
Sad enough we two lived while the days dragged along; How we managed I never quite knew; We killed a few beaver, some deer and a bear And so stood the winter through.
When at last the spring came we prepared to go home, Fondly hoping to rough it no more;
But the Indians came down on us, and then we learned That we'd never seen trouble before.
It was this way. One day we collected our gold, A bountiful, glittering pile.
" Now," said Bill, " we'll go home ; no more mining for us; We'll be rich and sport dead loads of style."
Then we heard a loud yell up the cañon, and knew Something better than gold we must save; So we caught up onr rifles and knives and we ran Down the cañon and hid in a cave.
From in there we made the best fight that we could ; We could see out and had a few rounds Of powder and ball, and when a gun spoke A Lo sought the glad hunting grounds. Just at dark they drew off and Bill whispered to me : "Our powder is just about done;
They've gone after wood and they'll soon smoke us ont; So, young fellow, we've got to run."
Run ! Shot through one arm and again through the leg, Much running was I fit to do; Bill might get away if alone, but with me His chances were desperately few. So I said: "Bill, old fellow, they're going to get me, And I don't want to be burned, you know, So give me a bullet right straight through the heart. Then scalp me, and get up and go."
His reply wasn't pious, refined or polite; You'll be shocked when you hear it, no doubt; He rose to his feet and assisted me up, And as he did so, blurted out:
"To hi-1 with your nonsense ! Come on out o' this; Leave the rifles, but stick to the knives ; They may overhaul us, but if they do that We must get what we can for our lives."
Then down the dark canon we ran till I fell And Bill took me upon his back,
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HISTORY OF SAN JOAQUIN COUNTY.
And that ice-cold snow.water he waded all night To throw the red devils off track. That's all I remember, and little enough I ever could get Bill to say ; But I know that he made a long, dangerous trip, And he carried me all of the way.
We walked down to town, and Bill found me a room,- He called it our new prospect hole ; He worked by the day to pay doctors and rent, And my food I'm afraid that he stole. 'Twas a long, weary time, but I grew strong again, And now, as you see, am all right;
But Bill will take with him down into his grave The marks of that horrible night.
Poor Bill! He belongs to an age that is past ; He's awaiting the messenger grim; But for me he has bluffed Death's four aces and won, And I am not going back now on him. He's a drunkard, I know ; he's a sinner, I guess; He'll never be saintly, but still
I believe over there, where accounts are squared up, There'll be some place for Pit River Bill.
Pit River in northern California was so named in regard to the numerous pits which early prospectors had dug along its course.
78
HISTORY OF SAN JOAQUIN COUNTY.
COUNTY GOVERNMENT.
CHAPTER V.
THE RUSH OF IMMIGRATION.
T is well to open this chapter with a glance at the situation in regard to the peculiar man- ner in which at first only one in several thon- sand of the great storm-cloud of immigrants dropped down upon any locality within this portion of the valley a sufficient length of time to be termed a settler, and soon afterward set- tled down like hail, especially at Stockton, the center of business, while the sonthern mines were the center of excitement.
At the beginning of 1849, outside the limits of Stockton, the only permanent residents in the county were Bonsell, Scott and Doak at their ferry, and at Staples' ferry, if any, there were three or four men. There was not a woman or child in the county outside of Stockton. Dr. I. C. Isbel, though still claiming his location and having some stock running at large, was not at that time living within the present county limits. And yet, before this famous year closed, Stockton liad obtained the name of the Linen City, while nuclei of villages were indicated at the several ferries, midway taverns, etc.
During the first year or two of the gold-min- ing excitement it seemed that the men cared more for gold than the alleviation of human suf- fering or thie saving of life among their neigh- bors, even when the cases of distress came under their own immediate observation. The dead were buried where they expired, and the sick
were often abandoned altogether. Of course they had excuses for such indifference to human suffering,-among them the plea that the person needing assistance might be a convict, a thief, or a murderer, as persons of that character were plentifully intermixed with the better class of immigrants.
Among the noble exceptions to this awful rule of indifference was Dr. Grattan, who, upon observing this condition of things, erected a hos- pital in Stockton, to allay, so far as lay in his power, the sufferings of the friendless unfortu- nates whose condition left them without re- sources or hope of assistance. In this enter- prise he expended most of the money he had accumulated by hard labor in the mines; and many a man in the early days owed his life to the benevolence of this gentleman.
A number of years ago, while the Doctor was taking a pleasure trip in the mountains, he came to a mining camp, where, one day, he was abruptly accosted by a stranger, who called him by name, and, grasping his hand, burst into tears. The Doctor was astonished at this strange proceeding, doubting the man's sanity for a time, but soon learned that the stranger was a person whom he had found lying sick in the streets of Stockton, and had taken upon his back, carried to his hospital, and saved his life. "Cast thy bread upon the waters, for thou shalt find it after many days."
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HISTORY OF SAN JOAQUIN COUNTY.
In 1852 Stockton was so unfortunate as to re- ceive a visit from the cholera sconrge; and the mortuary returns for that year exhibit a deatlı list of fifteen from that cause alone, Dr. Grat- tan's wife being one of the victimns. In the samne report is registered seven deaths from small-pox and one from measles. Outside of that class of diseases the death list is very large. Fifteen are reported as having died of consump- tion five of delirium tremens and three of gun- shot wounds.
ORGANIZATION OF THE STATE.
In 1849 the iminigrants of California de- sired a State government sooner than Congress conld go through the routine of providing for it. In the spring a petition was presented to General Bennett Riley, then in command of the United States forces in California, asking him to call a convention of delegates to provide for a form of State government. He obtained per- mission from the War Department to act as civil governor of the territory, thereby discon- tinning his military function. In this new re- lation he issued a proclamation, June 3, that year, to the people, providing for a delegate convention, appointing the 1st day on the com- ing Angust as the day on which the delegates, alcaldes and judges of courts of the first in- stance, were to be elected. For this purpose he declared voters all American citizens over twenty-one years of age and all those Mexicans who had been driven from Mexican soil for aid- ing the Americans. Dividing the territory into ten districts, lie ordered a special election to take place August 1, at which time the people should not only choose the delegates but also judges, alcaldes, prefects, sub-prefects and all other officers to serve under existing laws until January 1, following, when officers under the constitution wonld be ready to serve.
THE SAN JOAQUIN DISTRICT
comprised all the territory south of the Cosmin- nes river lying between the Coast Range and the Sierra Nevada mountains. The election, however, did not take place until the 16th of the
month, and by this time the population had so swelled with an unexpected rapidity that this district was entitled to fifteen delegates, instead of four, as had been calculated. The people elected fifteen, but only the following six took their seats in the convention, as the others were too greatly pre occupied:
NAME. AGE
NATIVITY. RESIDENCE. PROFESSION.
J. McH. Hollingsworth .. 25
Baltimore 3 yrs. Lieat. of Vol.
O. M. Wozencraft. .34
Ohio
4 mos.
Physician.
Thomas L. Vermeule. .35
N. J.
3 yrs.
Lawyer.
B. S. Lippincott. .. 34
N. Y.
31/2 yrs. Trader.
B. F. Moore
.. 29
Florida 1 yr. Leisure.
J. M. Jones
25
Ky.
4 mos. Lawyer.
The following were elected but did not attend : C. L. Peck, S. Halley, M. Fallon, B. Ogden, G. A. Pendleton, J. Ford, B. L. Morgan, Colonel Jackson and Walter Chapman. Out of a total of seventy-three delegates elected to the con- vention, only forty-eight claimed their seats.
At the election Francis D. Clark and George Kerr rode over the country east of town for ten or twelve miles out, carrying the ballot-box with them on horseback, and thus a full vote was polled throughout that section. Miners at camp were not merely accepted without much ceremony, but were hunted down and captured by the ballot-box on horseback. The defeated candidates objected to this method of taking the vote, however, and were so sore-headed over their defeat that they had warrants issued for the arrest of Clark and Kerr. Clark accident- ally had left the city in time to escape the ar- rest, but Kerr was caught and taken before Dickerson, the prefect (who used to subscribe himself as " perfect"). The arrest was merely nominal, however.
When the convention assembled, September 1, 1849, at Monterey, Senator Gwin made a de- termined and obstinate fight for the admission of the eleven extra delegates, and won his point. This convention, remarkable for being com- pored mostly of young men who had had no experience in public affairs, finished its labors October 13, and right well was their work done. A great wonder was, the pro-slavery element did not attempt to put a slavery clause into the proposed constitution. On the 13th of the
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HISTORY OF SAN JOAQUIN COUNTY.
next month the people at once adopted the con- stitution and elected State officers, and thus the machinery of State government was summarily but satisfactorily set in motion. Peter H. Bnr- nett was elected Governor.
The senators first elected to the first Legisla- ture from the district were the first four in the following table. March 2, 1850, W. D. Fair was elected to fill the vacancy caused by the withdrawal of Nelson Taylor.
NAME.
AGE.
NATIVITY. RESIDENCE. OCCUPATION
David F. Douglass .. .. 29
Tenn.
1 year.
Wagoner.
Benj. S. Lippincott .35
N. Y.
31/2 yrs.
Merchant.
Nelson Taylor .. 29
Conn.
21/2 yrs.
Merchant.
T. L. Vermeule
.35
N. J.
2 yrs.
Lawyer.
Wm. D. Fair
28
Va.
8 mos.
Lawyer.
A sketch of Douglass is given iu our chapter on the Pioneer Society. Lippincott was elected to the Assembly in 1856. Taylor's seat was declared vacant in February, 1850. Afterward, in 1853, he was elected sheriff of San Joaquin County, and finally went East. Vermeule re- signed April 16, to take the office of city attor- ney of San Jose.
The Assemblymen elected from San Joaquin were: B. F. Moore, R. W. Heatlı, D. P. Bald- win, J. F. Stephens, Chas. M. Creanor, I. S. K. Ogier, W. W. J. Van Benschoten and James C. Moorehead; but before the close of the session all these resigned except two. The vacancies cansed by the resignations of the first three were filled by the election, in March, 1850, of John Cave, W. M. Shepherd, and E. B. Bateman.
The first Legislature met at San Jose, Decem- ber 15, 1849, and on the 20th of that montli General Riley by a formal proclamation deliv- ered the civil government into the hands of the elected agents of the people; the newly elected governor, Peter H. Burnett, was inaugurated, and the machinery of the State government set in motion.
The canvas of the Senatorial returns through- out the Territory made the following exhibit of voters :
Sonoma .. 623
Monterey. 465
San Francisco. 6,159
San Luis Obispo 44
Sacramento 18,390
Santa Barbara. 226
San Joaquin
10,582
Los Angeles. 663
San Jose
544 | San Diego. 346
ORGANIZATION OF THE COUNTY.
By the division of the Territory of California into counties February 18, 1850, the " San Joa- quin district was cnt up into several such divisions, this connty being bounded as follows: " Beginning at the junction of the San Joa- quin and Mokelumne rivers, and following up the middle of said Mokelumne river to the month of Dry creek; thence up Dry creek, to the corner of Sacramento County; thence south to a point one mile north of Lemon's ranch; thence south to a point one mile north of Knight's Ferry, on the Stanislaus river; thence down the middle of the Stanislaus river to its confluence with the San Joaquin river; thence due southwest to the summit of the Coast Range; thence in a northwest direction, following the summit of said range, to the sonth- ern boundary of Contra Costa County; thence in a northeast direction, following the boundary of Contra Costa County, to the San Joaquin river; thence down the middle of said river to the place of beginning, The seat of justice shall be at Stockton."
April 25, 1851, the lines were corrected or explained by enactment. February 17, 1860, that southeast portion of the connty known as the " Knight's Ferry district," containing about 140 square miles, was conveyed to Stanislaus County; and April 1, 1878, Staten Island, con- taining 9,194 acres, was added, leaving the county with its present boundaries, comprising an area of 1,451 square miles. Prior to 1878 Staten Island was alternately claimed by San Joaquin and Sacramento counties.
The first alcalde at Stockton was a man named Townsend; and he was succeeded in that office by George G. Belt, who had before him a suit at law as early as August, 1849. October 8, that year, hie assumed the duties of " judge of the first instance," at which time Salisbury Haley was Clerk, Thomas B. Van Buren District Attorney and J. G. Marshall Sheriff,-all acting under a commission fromn Governor Riley. James R. Reynolds succeeded Judge Belt De-
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HISTORY OF SAN JOAQUIN COUNTY.
cember 7, with L. T. Crane as Clerk and E. B. Bateman Sheriff.
March 2, 1850, the county was authorized to organize by election of officers April 1. The following were elected: Benjamin Williams, Judge; S. A. Booker, District Attorney; R. P. Ashe, Sheriff; A. C. Bradford, Clerk; A. A. Mix, Recorder; B. F. Whittier, Assessor; II. W. Aldin, Treasurer; Walter Herron, Surveyor; E. L. B. Brooks, Administrator; and J. B. Clements, Coroner. No poll list was kept at this election; voting was conducted with great ir- regularity. In the Isbel district, on the Cala- veras, the hat of A. W. Brush was the ballot- box, and the owner of the hat was judge of election, Fred Staples being clerk. Mr. Bruslı says, "everything voted," and the count at night disclosed fifteen votes. In the afternoon Mr. Staples concluded that he wanted to attend a rodeo, and consequently left Brush to make out the returns, count the votes, etc., signing them when he returned from the rodeo ground.
It would seem that matters did not improve much for several years, for, at the election pre- cinct called the Blue Tent, in 1852, it was found that two tickets had been folded together and deposited as one vote. When the count was made after the polls had closed, the tickets were discovered in the condition they had been voted; whereupon a division of sentiment arose as to the right to count both tickets, and a proposition was made for the judge and in- spector to play a game of " seven up " to decide the question; the game proceeded, the judge defeated the inspector, and the two votes were counted !
Until after the second city election in Stockton there had been no excessive irregularities; but, at a special election held that year, to fill va- cancies caused by the resignation of Alderinen Gillinghamn, Shurtleff, Boors and Colt, and City Attorney, H. A. Crabb, things were decidedly mixed. These gentlemen liad resigned because of a feeling created in the city by a tax of $2 per ton on merchandise, levied by the council. On the evening of the election (none of the 6
parties having resigned being canadidates for re-election), upon counting the vote, everyone was astonished to find that the old officers were re-elected by a large majority, and no one was more surprised at the result than the persons elected. It seems that some ward politicians from Eastern cities had selected Stockton as their abiding place, and, as a " lark," to show the Stocktonians how it was done in some other places, had stuffed the ballot-box, having no other object in doing so than to have some fun at the expense of the public. The election was declared void, and a new one called for the 17th of October, 1852; at which time a regular poll list was kept.
COURT OF SESSIONS.
The Legislature provided for the organization of what was called the "Court of Sessions " as early as April 11, 1850. This body was to trans- act all the business which had been before done by the alcaldes and also that which is now done by the Board of Supervisors. It consisted of a county judge, and two associate justices chosen by the justices of the county from among their number. Benjamin Williams, being at the time judge of the court of the first instance, became by election judge of the Court of Sessions, and or- ganized the court June 3, 1850. The associate justices were Harrison Amyx and O. C. Emory.
This court, being authorized by law to assess taxes, levied a tax on all merchants, brokers, owners of hotels, etc., for the purposes of creat- ing a county fund. These classes of business men, being notified that they must " take out licenses," were thus aroused into opposition. They met July 18 and passed resolutions de- claring that they would resist such orders even to the shedding of blood; but a second thought hinted to them that the natural laws of business were such that these expenses could easily be spread out npon the people generally by raising the prices on their goods, and they therefore calmed down.
The first capital execution ordered by the Court of Sessions was that of George Baker,
82
HISTORY OF SAN JOAQUIN COUNTY.
who had been convicted of murdering George Turner. Both parties were intoxicated at the time of the commission of the crime, which was by stabbing. Baker, twenty-two years old, was hanged March 29, 1851, near the present location of the Franklin School building.
At the same session of the court at which Baker was tried, two atrocious criminals were acquitted. One of these was Joe Moliere, a boy of fifteen, who it is supposed had killed a man for a debt. Extraordinary efforts were made by the lawyers and he was finally acquitted. This created a storm of indignation, and it was amid the raging of this storm that " Mickey " had his trial. Public feeling seemed to demand a victim, and the lot fell upon " Mickey," and he was accordingly executed.
April 10 the Legislature passed an act author- izing San Joaquin County to levy a tax to build a court- house; and the Court of Sessions, sitting June 25, Benjamin Williams, judge presiding, ordered that one-quarter of one per cent. be assessed on each $100 worth of taxable property for the purpose of erecting a court-honse; also one-quarter of one per cent. on each $100 worth of taxable property for the expenditures of the county for the present year; also the sum of $5 on each taxable poll in the county for county purposes This was the first county tax levied.
On the docket, under the date of June 26, we find the following list of ferries and charges for licenses to keep the same for one year: Davis & Atherton Ferry-Calaveras river .. $100
Knight's Ferry (Dent, Vantine & Co.)-Stanislaus
river . 300
Heath & Emory's Ferry. 200
Cotton's Ferry. 200
Islip's Ferry. 200 Boland's Ferry 150
Clark & Sissy's Ferry. 150
Ferry at San Joaquin City-San Joaquin river 250
Doak & Bonsell's Ferry-San Joaquin river 500 Weston & Staples' Ferry-Mokelumne river. 250
Benedict's Ferry-Mokelumne river. 150 Lower Bar Ferry-Mokelumne river 150
On the same day, June 26, the court author- ized the establishment of the following ferries: William Atherton and David A. Davis, on Calaveras river, at Falls ranch; James Boland,
on Stanislaus river, four miles below Islip's Ferry.
One of the peculiarities of the pioneers was their deference to women, which was strongly exhibited in Stockton by the following order of the court, made July 9, 1850:
" It is ordered that the county attorney be, and he is hereby instructed, to commence no proceedings against any females who are vend ing, or shall hereafter vend, withont license, goods, wares, or merchandise, or who shall ex- ercise any useful trade or business within the limits of San Joaquin County."
The election precincts throughout the county were first established by this court, October 8, 1850, as follows:
" It is ordered that the places hereinafter designated be established as election precincts in and for the county of San Joaquin: In Township No. 1, the city of Stockton. In Town- ship No. 2. San Joaquin city. In Township No. 3, Staples' Ferry, Emory's Ferry, and Knight's Ferry. In Township No. 4, Williams & Ather- ton's ranch and Weston & Staples' ranch."
The following is a list of the members of the court during the ten years of its existence:
COUNTY JUDGES. ASSOCIATE JUSTICES.
Benjamin Williams H. Amyx,
O. C. Emory.
O. C. Emory
B. G. Weir.
William Root
J. K. Shafer,
B. G. Weir.
O. C. Emory
J. K. Shafer,
B. G. Weir.
B. G. Weir,
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