Historical and biographical record of southern California; containing a history of southern California from its earliest settlement to the opening year of the twentieth century, Part 47

Author: Guinn, James Miller, 1834-1918
Publication date: 1902
Publisher: Chicago, Chapman pub. co.
Number of Pages: 1366

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During his incumbency of the office, Judge Fernald was a close student of the law and also of the Spanish language. As a result he was thoroughly equipped to handle the peculiar liti- gation of the country arising principally from the construction of Mexican grants, their au- thenticity, limitations and boundaries, and con- sequently after retiring from the bench he was retained as counsel by the principal owners of

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property in Santa Barbara, which at that time included the present county of Ventura. He was admitted to the state supreme court Sep- tember 2, 1854, to the United States circuit court in 1857, and the United States supreme court in 1874. His superior legal acquirements and readiness of resources in the management of complicated matters affecting the titles to land and arising in the peculiar disputes characteristic of the country after the conquest, secured his employment in his profession not only by the land owners of his locality, but also brought him a clientage beyond the borders of Califor- nia, notably as attorney for Thomas A. Scott of Philadelphia, who owned large ranches in Southern California. Especially valuable to the city were his services in finally settling the title to and fixing the boundaries of its municipal lands, as successor to the ancient pueblo of Santa Barbara, by obtaining a patent therefor (four square leagues) from the United States land department, the first patent ever issued to a pueblo in this state.

With the almost unanimous vote of the peo- ple, Judge Fernald was elected mayor of Santa Barbara in May, 1882, and served for two years, declining, however, to accept the salary attached to the office. During his service as mayor the Marquis of Lorne and the Princess Louise hon- ored Santa Barbara with a visit of three weeks. Later Judge Fernald was chosen United States commissioner for the southern district of Cali- fornia. Possessing linguistic ability, he familiar- ized himself with French and Italian literature, and few residents of the United States excelled him in knowledge of the Spanish language. Of international law and the science of government he was a constant student, and he was familiar with the principles of civil as well as common law. A life member of the American Forestry Association, hc was deeply interested in the care of the forests and the raising of fruit, and the first experiments in planting and cultivating olive trees in Southern California, outside of the old missions, were made by him in 1865-66, when he purchased the Belmont property, near Santa Barbara, and planted it in olives, for the purpose of proving that olives could be pro- duced for preserving and for making oil of the best quality.

At North Berwick, Me., August 7, 1862, Judge Fernald married Miss Hannah Hobbs, daughter of Wilson and Sarah Eliot (Good- win) Hobbs, and a descendant of Judge John Hill, Samuel Goodwin (son of Dominicus and Hannah (Hill) Goodwin), Robert Eliot and the Pepperell family. The children of Judge and Mrs. Fernald are four, two sons and two daughters. Mrs. Fernald is a member of the Daughters of the American Revolution and the Colonial Dames, her ancestors, the Goodwins and Hobbs, both having had representatives in

the Revolutionary and colonial wars. A brother of her mother, Hon. Ichabod Goodwin, was the war governor of New Hampshire, and another brother, Dr. Daniel Goodwin, was president of the University of Pennsylvania. Judge Fernald was a life member of the Pioneer Society of California, member of the National Association of Sons of the American Revolution, member of the American Academy of Political and Social Science in Philadelphia, and of the California State Bar Association, in which he served as vice-president.

As the bearing and deeds of Judge Fernald in life had been worthy a knight of old, it was fitting that his associates, the Knight Templar Masons, should perform the cross of steel over his grave. His comrades in the California So- ciety, Sons of the American Revolution, issued a pamphlet calling attention to his worthy life and dwelling upon his merits. The superior court of the state, in and for the county of Santa Barbara, presented the following resolutions, quoted in part :

"Whereas, on the 7th of July, 1892, Charles Fernald, a member of this court, was removed by death from his sphere of action in our midst; "By the death of this, our brother attorney. the bar of this county, as well as that of the state, has met with a loss that will long be felt. After forty years of service upon the bench and as an advocate and counselor at this bar, his name has become identified with Santa Barbara in legal circles throughout this coast. Although just past the age of three-score, he outranked us all in years of practice here. He was eminent in ability, intellectuality and learning, in urban- ity, courtesy and the exercise of the ethics of his profession, he stood the peer of any. His suc- cess, particularly in land litigation, gave him a reputation and clientage beyond the local bar. He set an example as an honorable practitioner and never knowingly represented an unjust cause. The work of his latter years might be called 'A volume of selected cases,' for not every cause could command liis professional skill. To the younger members of the bar he was ever ready to impart the benefit of his ripe experi- ence; and his name will remain particularly green in the memory of these. Therefore be it

"Resolved, That in the death of Charles Fer- nald, the bar of Santa Barbara county has lost a distinguished and valued member, the state of California an honorable citizen, and his be- reaved lamily a devoted and dearly beloved hus- band and father."

In the resolutions passed by St. Omar Com- mandery No. 30, K. T., of Santa Barbara, atten- tion was called to the fidelity of Judge Fernald to the high and lofty principles of Masonry, and as a token of respect to his memory the swords of the officers and knights, and the banner of the commandery were draped in mourning for

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thirty days. Numerous tributes to his worth were also called forth from the press, both local and general. The Santa Barbara Press, in al- luding to his attainments, stated that "In judicial circles throughout the state he was known and recognized as a lawyer of promi- mence. He was a member of the San Francisco and the State Bar Associations, and the familiar friend of the distinguished lawyers whose youth- ful brilliancy add luster to the early history of our commonwealth. In his social conduct he set an example to the community worthy of emulation. He was faithful, affectionate and in- dulgent as a husband and father, and it was a privilege to be admitted to the home circle. There he cast aside all the weapons and armor of the battlefield and became the warm-hearted host, and captivated and charmed all with his fund of knowledge, so happily expressed. It is with sorrow that Santa Barbara parts with one who was so closely identified with her interests and progress."

From the San Francisco Bulletin: "Charles Fernald, who died at his residence at Santa Bar- bara, July 7, was one of the best-known lawyers in the state. He had been a familiar figure in the supreme court for years, and among the older members of the bar he had many friends. Coming to California in the early days, when but a youth, he had grown up with the common- wealth. He had seen the jurisprudence of the state molded from a chaotic mass of pioneer times into a complete code for the guidance and protection of the citizen. As a beardless youth he had argued cases before Murray, Baldwin and Field. As an advocate in the vigor of manhood he had tried many important suits before the justices erected under the new constitution.

"As a lawyer Mr. Fernald was earnest, indus- trious and able. He entered into the prepara- tion of a case with the same ardor that he would were his own fortunes involved; he made his client's interests his own. As a citizen he was a leader in every enterprise that had for its object the advancement of the state. Corruption in the body politic had no more relentless foe. In his intercourse with his fellows he was considerate, courteous and kind; he had all the attributes of a gentleman and he exemplified them in his daily life. In his home he was everything that a husband and father should be."

ROY B. STEPHENS. During the colonial period the Stephens family became established in Virginia and from there later generations moved to Kentucky. Thomas N., son of a Virginian, was born in Kentucky and became a pioneer farmer of Missouri, where he remained until death. Next in line of descent was Dr. Charles R. Stephens, a native of Monroe county, Mo., and a graduate of Bellevue Hospital

Medical College, class of 1874. Immediately after graduating he accepted an appointment as surgeon in the United States army, in which capacity he continued for three years, meantime being stationed on the frontier. Many of his experiences were thrilling and perilous, and the years of his service formed an eventful period of his career. One of his least desirable ex- periences was in the expedition of 1876 under General Crook, when the regiment was so nearly starved that they were forced to eat mule meat. In the battle of Rosebud he was with Gen. Guy V. Henry, when the latter was shot through the nose. Subsequently he was sent to Washington to assist in amputating the leg of Lieutenant Van Lutoltz and give the officer needed attention until recovery .. After leaving the army he was for two years surgeon at the Winnebago Indian agency. On turning to private practice, he opened an office in Omaha, Neb., and afterward followed his profession in Middle Grove, Mo., from which place in 1888 he came to South Pasadena, Cal. The latter part of October, 1901, found him locating for practice at Victor, Cal., where he died three weeks later, on the 14th of November.

After going to the central west Dr. Charles R. Stephens married Miss Ida F. Demarest, who was born in New York City and died in Cali- fornia December 6, 1897. Through the Demar- est family the ancestry is traced back to the Bogardus family and Anneke Jans. Her grand- father, John G. Demarest, of Hackensack, N. J., was a son of Bridget (Brower) Demarest, whose father, John, was a son of Abraham Brower, the latter a son of Sybrout Brower, whose mother, Annette (Bogardus) Brower, was a daughter of William Bogardus, the latter a son of Everardus Bogardus. An uncle of Mrs. Stephens, Abraham Demarest, was a leading publisher and engraver of New York City. Her father, William F. Demarest, a native of New York City, became a pioneer of Omaha, Neb., and opened a grocery there before the Civil war. From that time until his death he engaged in mercantile pursuits. Six children were born of his union with Mary Ann Cox, who was born in the same county in England as Queen Victoria and on the same day as the late queen. Her death occurred in Omaha. When a girl Mrs. Stephens was given excellent educational advantages in Omaha and grew to womanhood, the center of a large social circle conspicuous for refinement and culture. Before her mar- riage she visited in Denver, Colo., where her brother-in-law, Charles Fleury, was making his headquarters during the building of the Colo- rado Central Railroad, for which he was a con- tractor. While in that city she attended a grand ball given in honor of Duke Alexis of Russia, and on that occasion received from the duke the compliment of being the most beautiful woman

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he had seen in America. After coming to Pasa- dena she was appointed in charge of the post- office, under the administration of President Harrison, and continued to hold the position until her death.

In Omaha, Neb., Roy B. Stephens was born September 21, 1876, being the only child of Dr. C. R. and Ida F. (Demarest) Stephens. In 1889 he accompanied his parents to South Pasadena, and while still a mere boy began to assist his mother in the postoffice, also clerked in the San Gabriel Valley Bank from 1894 until 1897. In the capacity of deputy he was given charge of the South Pasadena postoffice in January, 1897, and in February of the following year was com- missioned postmaster at this point, which office he has since filled. At first a fourth-class sta- tion, the office has now become third-class, and receives thirteen and dispatches eleven mails per day. Though "rocked in the cradle of Democracy" Mr. Stephens is a true-blue Re- publican and holds his appointment under a Republican administration, but numbers his friends among all parties, his service giving general satisfaction. He is connected with the American Club and the Uniform Rank, K. O. T. M., and in religious associations is identified with the First Christian Church of Pasadena. His marriage was solemnized at Whittier, Cal., April 30, 1901, and united him with Miss Ceola Landreth, who was born in Illinois and came to Whittier with her father, Lewis Landreth, a pioneer of the colony.

J. B. STOUTENBURGH. The fact that Mr. Stoutenburgh of Pasadena represents one of the oldest Holland-Dutch families of New York is indicated in his genealogy, which he traces back in an unbroken line, through eight generations, to Jans Roeloffsen and Anneke Jans. Going back five generations in the family history, we find that his ancestor, Jacobus Stoutenburgh, came from Holland to America in 1720 and was the very first settler of Hyde Park, Dutchess county, also served as the first judge of that county. His wife, Margaret Teller, was a grand- daughter of Sarah Roeloffsen and a great-grand- daughter of the two notable Hollanders previ- ously named. At the old homestead in Dutchess county occurred the birth of William I. Stouten- burgh, who in early life followed farm pursuits, but later conducted a mercantile establishment in Wayne county, N. Y., and finally retired to Dutchess county, where he died. When a young man he married Caroline Allen, daughter of Bartholomew Allen, a farmer. She was born in Dutchess county and died there, at an ad- vanced age. Of her four children, one son and one daughter survive. The son, J. B., was born in Pennsylvania April 15, 1836, and grew to manhood at Williamson, near Palmyra, N. Y., receiving his education in subscription schools,

Walworth Academy and Palmyra Union school. While still a mere boy, under the instruction of his father, he gained an excellent knowledge of merchandising, and the information thus ac- quired was supplemented by his clerkship in a store in Jackson, Mich., whither he went in 1856. From Jackson he removed to Kewenaw Point on Lake Superior, in the Upper Peninsula, where he acted as clerk and bookkeeper in a store connected with the copper mines.

After two years at the Point, in 1866 Mr. Stoutenburgh went to Detroit, where he engaged as bookkeeper with John J. Bagley & Co., tobacco manufacturers. In 1869 he became a member of the firm, whose principal member was at the time governor of Michigan. Owing to the absence of the governor from the office in the discharge of his executive duties, much of the responsibility and management of the business developed upon Mr. Stoutenburgh, who held the office of treasurer and also acted as financial manager of the company. The im- mense trade of the firm was not limited to America, but extended even across the ocean into Europe, and its management required the utmost tact, keenness of ability and resource- fulness of action. In his capacity of manager he proved equal to every emergency, and many attributed the high standing of the firm to his judicious oversight and great energy. Two years after the death of Governor Bagley the business was sold, and Mr. Stoutenburgh then became a member of the Detroit board of pub- lic works, first under Mayor Thompson, and then under S. B. Grummond. His terms of service lasted for four years, during the last of which he acted as president of the board. Un- der his efficient oversight as president the im- provement of Belle Isle Park was begun, the continuance of which in later years has made the park one of the most beautiful spots in the United States. Another work of which the board had charge was the opening of the boule- vard around Detroit, which contributes toward making the city one of the most beautiful in the country.

In Jackson county, Mich., near Columbia, Mr. Stoutenburgh and Miss Mary C. Hewitt were united in marriage. They have an only daughter, Mary Ellen. The family have resided in Pasadena since 1887, and Mr. Stoutenburgh has been largely retired from business cares, al- though his enterprising spirit will not permit him to enjoy entire leisure, and he has assisted in starting the Nemaha Water Company, also, with three others, improved one hundred and twenty acres at Ontario, which is now a bearing orange orchard. In politics he is a Republican and socially belongs to the Twilight Club. The unusual success he has attained in life proves him to be a man of varied talents, who merits prosperity and prominence by his diligence in

ASBlackburn

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business, his uprightness in all dealings, and his high sense of honor.

CAPT. D. S. BLACKBURN. It was through his official connection with the Twenty-first Illinois Infantry (Grant's old regiment) that Captain Blackburn gained the title by which he is usually known. He is a descendant of an old and honored Kentucky family, and a son of J. M. and Rachel (Shelby) Blackburn, natives respectively of Kentucky and Pickaway, Ohio, the latter being a daughter of David Shelby, an Ohio pioneer. When a young man, in 1821, his father settled near Paris, Ill., and continued to make his home in that vicinity until his death, which occurred at eighty years of age. During the Blackhawk war he served as colonel of a regiment. His wife also died in Illinois. Their only child, D. S., was born near Paris, Ill., May 15, 1836, and passed his early years upon the home farm, receiving his education in a log schoolhouse near his home. When he reached manhood he became interested in farming and stock-raising and gradually built up an ex- tensive business.

At the opening of the Civil war D. S. Black- burn was among the first to volunteer his services to his country. May 10, 1861, he en- listed as a volunteer in one of the ten regiments that were raised by Governor Yates of Illinois. His regiment was first known as the Seventh Congressional District Regiment, but in June was mustered in as the Twenty-first Illinois In- fantry. As second lieutenant of Company F he was sent to Missouri under Col. U. S. Grant. They marched to Missouri from Springfield, Ill., because the colonel said he could teach them more in one day of marching than in a month of camp life. After a short time at Monroe Sta- tion, Mo., they were ordered to different parts of the same state. At Pilot Knob, Mo., No- vember 17, 1861, he was appointed captain of Company F, by Governor Yates.

In a battle at Fredericktown, Mo., October 8, 1861, the regiment defeated the Confederates, driving them back to Little Rock and thence to Tennessee. After participating in the battle and siege of Corinth, they proceeded to Chatta- nooga. Following this came the battle of Perry- ville. From December 30, 1862, to January 4, 1863, they were engaged in the battle of Stone River, where the regiment lost in killed and wounded over three hundred men. He was a participant in the famous battle of Chickamauga and also fought for the stars and stripes at Mis- sionary Ridge and Lookout Mountain. During the Georgia campaign he took part in the en- gagements at Tunnel Hill, Dalton, Dallas, Resaca, Altoona, Buzzard's Roost, Kennesaw Mountain, Peach Tree Creek and the siege of Atlanta. When the siege ended only about

twenty-five of his old company were left. Fate seems to have especially protected him, for in all of these battles he was never wounded. In July of 1865 he was mustered out at Chatta- nooga with the rank of captain.

When his country no longer had need of his services, the captain returned to the Illinois farm and resumed the peaceful pursuits in which he had previously engaged. He remained in the same locality until 1875, when he came to Cali- fornia and bought a farm of three hundred acres six miles east of Ventura. Since coming here he has given his attention principally to bean rais- ing. In Macomb, Ill., he met and married Miss Alice Piper, a native of Indiana. Their union was blessed by a daughter, Jessie, who bright- ened their home for seventeen years, but was taken by death in 1891. Mrs. Blackburn is a member of the Presbyterian Church, the ser- vices of which the captain attends. While living in Illinois he was made a Mason at Paris. At this writing he is connected with the Ventura Post, G. A. R., and the California Commandery, Loyal Legion. No resident of the county is more stanch than he in allegiance to the Repub- lican party, and none is more interested in the development of local resources. His splendid war record is equaled by his record as a private citizen, as an agriculturist and as a business man, and he is honored and esteemed as one of the most substantial and sterling citizens of his com- munity.

REV. MARSHALL C. HAYES. In the year 1680 George Hayes came from Scotland to Windsor, Conn. Flis eldest son, Daniel, was captured by the Indians during Queen Anne's war in 1708 and held captive for five years. He was the great-great-grandfather of President R. B. Hayes. While the state of Connecticut was still under the British rule, Daniel's grandson, Joel Hayes, enlisted as a lieutenant in the army of patriots and assisted in bringing to our coun- try independence and freedom. His son, Joel, was born in Simsbury, Conn., and for forty-four years officiated as pastor of the Congregational Church at South Hadley, Mass., where he died. Next in line of descent was Joel 3rd, a native of South Hadley, who there conducted mercan- tile pursuits; being prospered in his financial ventures and possessing great generosity as well as considerable means, he gave the site on which Mount Holyoke College was erected. His son, Oliver B., was born in South Hadley, graduated at Williams College in 1854, and in 1866 settled in Dalton, Mass., where he became connected with a brother-in-law, Z. M. Crane, of the pres- ent firm of Crane & Co. He died at Dalton in 1897. His marriage united him with Josephine, daughter of Winthrop Laflin, a paper manufac- turer of Lee, Mass., where she was born and reared. Her sister married Hon. Z. M. Crane,

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and their son, Hon. W. Murray Crane, is the present governor of Massachusetts.

Though born in Dubuque, Iowa (his birth oc- curring February 8, 1858), Marshall C. Hayes spent little of his boyhood in that city, but was reared in Dalton, Mass. In 1884 he was gradu- ated from Williams College, after which he en- tered McCormick Theological Seminary in Chi- cago, taking the regular course and completing his studies in 1887. His graduation was soon followed, October 8, same year, by his ordina- tion to the Presbyterian ministry and his ap- pointment as missionary to Kanazawa, Japan. Immediately afterward he sailed for his new field of labor, where he passed several very busy and active years. On his return to America, in June, 1892, he settled at Shandon, Cal., where he remained for fifteen months. The year 1894 found him pastor of the Presbyterian Church of North Chicago, Ill. In January of 1896 he re- turned to California, where he first spent a year on rented property in Pasadena, and in October, 1896, bought his present property in this city. The building of an attractive and comfortable residence formed one of his first tasks, in the ac- complishment of which he secured for his family a delightful abode. February 2, 1897, he began the setting out of an orchard of orange trees, to which the ten-acre ranch is devoted. In the caring for the trees, watching the development of the fruits, picking, packing and shipping them, he finds the physical exercise which, in his for- mer labors as minister, was so often denied him. While he has practically retired from the min- istry, his heart is as deeply concerned in the welfare of the church as ever and his keen intel- lectual acumen gives the same pronounced alle- giance to Presbyterian doctrines as in his more youthful days. The denomination that was founded by Calvin and fostered by the self-sacri- ficing toil of thousands of pastors and millions of adherents has gained a distinct addition through his ministry at home and abroad, nor have his efforts been less arduous along lines not strictly religious, yet distinctly humanita- rian.

In Iola, Kans., October 16, 1887, occurred the marriage of Rev. Mr. Hayes and Miss Medea Brewster, daughter of a merchant and descended fromthat historic character, Elder William Brew- ster, of Mayflower fame. The children born of their union are Marshall C., Jr., and Oliver B., who are students in the Throop Polytechnic In- stitute in Pasadena; Louise, Winthrop L. and William Brewster.

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Historical and biographical record of southern California; containing a history of southern California from its earliest settlement to the opening year of the twentieth century, Part 47

Author: Guinn, James Miller, 1834-1918 Publication date: 1902 Publisher: Chicago, Chapman pub. co. Number of Pages: 1366

Author: Guinn, James Miller, 1834-1918
Publication date: 1902
Publisher: Chicago, Chapman pub. co.
Number of Pages: 1366