USA > California > Amador County > History of Amador County, California, with illustrations and biographical sketches of its prominent men and pioneers > Part 66
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JUDGE COOK was a resident of Volcano for several years previous to the organization of Alpine county, and made quite a reputation as a safe and cautious counselor. He was well informed on general topics, dignified and courteous in his bearing, a gentleman of the old school. After the organization of Alpine he removed to that county, where he was quite prominent for several years. He has, in consequence of advancing age, mostly retired from the practice of the law.
HON. W. W. COPE. Amador has had but one representative upon the bench of the Supreme Court, and he, like all others of her citizens, when called upon to exercise official functions, was not found wanting either in ability or integrity. His professional experience in the semi-agricul- tural and semi-mineral regions of the foot-hills, fitted him well to consider and intelligently decide the many new and difficult questions. affecting these two great interests of our State, and both the farmer and the miner are much indebted to his wisdom and foresight in establishing legal rules adjusting their respective rights.
Judge Cope was born in Kentucky on the 29th of January, 1824, where he studied law, and was admitted to practice, coming to California in 1850. Like most early pioneers he believed that fickle for- tune's blandest smiles were easier won in other vocations than a profession, and he did not engage exclusively in the practice of the law until the organ- ization of Amador county in 1854, when he opened his law office at Jackson, where alone and in part- nership with James F. Hubbard, and with R. M. Briggs, he took a leading position at the Bar. In
1858, he was elected to the Assembly, and was made chairman of the judiciary committee. An appre- ciation of his serviees in that position was made manifest by his being elected Associate Justice of the Supreme Court the following year. After his election and previous to his entering upon the duties of his judicial position, Judge Terry, then Chief Justice, resigned, and Judge Cope was appointed to fill the vacancy. He remained upon the Supreme Bench until the 1st of January, 1864, having, as his associates during that time, Field, Baldwin, Norton, and Crocker. A short time after leaving the bench, he removed to San Francisco, where he is now asso- ciated with J. Thomas Boyd, and is enjoying a lucra- tive and high order of practice.
W. T. CURTIS came from Ohio in an early day, making his home at Drytown. He was a man of fine culture, gentlemanly in manner, and much more disposed to advise a peaceful settlement of a diffi- culty than costly litigation. He usually made him- self prominent in allaying, rather than fomenting, the riotous spirit which so commonly existed in the mining towns in an early day. He was especially prominent in mitigating the not inexcusable anger of the population after the atrocious murders at Rancheria. He was a Republican in sentiment, and a candidate for District Attorney on the same ticket which was headed with the name of John C. Fremont, in 1856. He stumped the county for Fremont, speak- ing in every place of any size. His candor and gentlemanly qualities were appreciated by friends and opponents alike, and he was always respectfully listened to. On the breaking out of the Rebellion, he joined the Union army as aid to an officer in high rank. From the best information attainable, he was killed early in the contest.
HON. JOHN A. EAGON is a native of Virginia, and came to this State in 1851, and from the first made his home in Amador county. He mined for a time at Lower Rancheria with considerable success, hav- ing the good fortune to pick up a four-pound lump. He was engaged afterwards in mining near Ione. It was during his residence there that he began to be known for his conversational powers, which indi- cated his logical turn of mind, and led him to the adoption of the law as a profession. He has gradu- ally worked up both professionally and politically, until he has become one of the leading men. As his name is connected with most of the prominent events in the county, related in another part of the history, it is unnecessary to repeat them here. He has a peculiarly earnest, nervous style of argument, replete with facts, but nearly destitute of humor, his speeches reminding one much of those of Silas Wright, in his best days. He is still young and vigorous, with no demoralizing habits, and is likely to go much higher before he pauses in his advancing career.
HON. JAMES T. FARLEY, one of the present United States Senators from California, is a native of Vir-
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ginia. He was some time in the University of Vir- ginia, but did not graduate, however. After spending some years in Missouri, he emigrated to California, arriving in 1850. He commenced the study of the law in Volcano, his first cases being in Justice Ste- phenson's court in 1854. He early entered into politics, and became famous for his success in attaching the voters to his interests. He was elected to the Assem- bly in 1854, re-elected in 1855, and made speaker. On the breaking up of the American party, he allied himself with the Democracy, where he has since remained. During the early years of the Rebellion, he was a Lecompton Democrat, and suffered defeat in company with other nominees of that party. After the union of the Republicans with the Dong- las Democrats, bis star began to rise, and he was twice elected to the State Senate by majorities far greater than the average of his ticket. His ability as a legislator is unquestioned; the same intuitive knowledge of human nature coming into use among the Solons of the capital as well as in a country town. Perhaps the best work, or at least the work involving the most comprehensive reasoning, was his report, as chairman of the Committee on Ineorpora- tions, on the bill regulating fares and freights. In 1878 he was elected to the United States Senate, and took his seat in 1879.
As a lawyer he is most efficient as a jury pleader. He has little of the overbearing character generally thought neeessary in badgering a refractory or reti- cent witness; never arouses the antagonism of jury or witness by an abuse of his position; yet few wit- nesses can boast of carrying away any honors in a contest with him.
As a politician, he is strong in the ability to organ- ize, uniting his friends and dividing his enemies. Ilis private character is above reproach. IIe is genial in manner, sympathetic in feeling, making friends where possible. Ile is still on the sunny side of fifty, hale and hearty, having fortunately escaped the social perils which beset the paths of Californian politicians. Having apparently many years of hard work in him, it is quite possible that he may attain one of the two higher positions possible in his polit- ical eareer.
GEORGE L. GALE, though he did not often appear in court, generally having other business to attend to, was was one of them-i. e. the lawyers-in spirit and education. He was a native of Massachusetts, born, as he was wont to state, at the foot of Bunker Ilill, and belonged to the true chivalry of the country, the " Bunker Hill chivalry," by which means he came to be known as Bunker Hill Gale. IIe was extremely original in his methods of reasoning, sharp, rapid and incisive in his language, prompt in decision, and quick in action. To contend with him on any subject was to meet a rattling fire of musketry, brilliant thrust of rapiers, and pyrotechnical flashes that dazzled and confused the ordinary mind. He made a splendid Justice of the Peace, and his
decisions were hardly ever reversed in the higher courts, though he was too brilliant to become pro- found in the law, loving rather to deal with its puzzling technicalities. Ile would have filled the seat of paragraphist in a modern editorial room to perfection, his keen sense of the ludicrous and trenchant wit qualifying him for the position of critic. His sayings and doings would fill a good-sized book. He was once appointed scaler of weights and measures, and collected double fees by sealing them for the year past and then for the coming year on the same day. Upon being remonstrated with for exacting fees for two years, he told them, " either pay it or render yourselves liable to a fine for selling goods with unsealed weights and measures." The subjects, knowing Gales' strength in law technical- ities, usually paid, though with much grumbling. IIe had no family, and died in obscurity a few years ago at. Pine Grove.
JOHN C. GEAR was a young man who alternated the practice of law with mining and teaching school, in the vicinity of Ione. He was brilliant and enthus- iastic, with many qualities that go to make up an orator. IIe died at Ione before he had the opportu- nity to make his mark in his profession.
HON. MARION W. GORDON is a native of Tennessee, of Irish descent. In early life he was a professor of elocution, and traveled extensively, lecturing on, and teaching the art. He was at different times con- nected with some of the leading papers in Missouri, and was associated with many of the prominent pol- iticians, in shaping the policy of that State after the overthrow of the Benton regime. He came to Cali- fornia in 1850, and soon after located in Volcano, forming one of the coterie of philosophers heretofore referred to, who discussed questions of the lofty character which have employed such minds as Hegel, Descartes, Comte, Mills, and Spencer. In Judge Gordon's case, however, he mingled hard work with hard thinking, and in 1852-53 could be seen swinging the pick and shovel in the Volcano tail-race, which he, with others, cut through the deep flat. In 1853, in compliance with the wishes of many friends, he came before the county Conven- tion for the nomination for member of the Assembly for Calaveras county, which he received. After a well-contested eanvass he came out victorious, and took his seat in the Legislature one of the last of the old Calaveras delegation .* On the organization of Amador county he was elected to the position of County Judge, which he held for three consecutive terms.
Judge Gordon is a man of varied accomplish- ments and general information, Scarcely any topic can be introduced which has not been read up by him. Mesmerisin, animal magnetism, clairvoyance, and all the modern occult sciences have been, at times,
*His name was omitted in the list of members of that year through a typographical error.
JAMES. MEEHAN.
WATSON & WEST. PUB, OAKLAND, CALA
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assayed in his mental laboratory. His midnight lamp was often burning when all else was buried in deep slumber. As a politician he had few superiors. The habit of judging men and organizing them into solid parties was to him a matter of instinct, accomplished without serious effort. His ability to adapt his speech to the eapacity of his hearers was remarka- ble. A seowling face was discerned, and the latent opposition neutralized by a happy allusion. Whether before a crowd of rough miners, a body of school- teachers, a convention of musicians, or an assembly of wary politicians, this faculty never failed him. As a lawyer, he dealt rather in the general princi- ples than in the technicalities. His love for general- ization, and a consequent knowledge of the laws of equity, enabled him to easily perform the duties of Judge. In Congress, his general information and knowledge of the human heart would have enabled him to have taken high rank. That he never went to Congress is a matter of regret. That so many, vastly bis inferiors, have found their way there, is, and will be, a mystery. Though his mental powers are still vigorous, he has retired from active practice, and is spending his old age in dignified leisure.
THOMAS D. GRANT was born, and educated for the law, in the State of New York. His early associa- tions were with such legal luminaries as Judge Spencer and lawyers of his ilk, from whom he imbibed a true respect for, and due appreciation of, the honor and dignity of his profession, which he regarded above all others. This, coupled with his proverbial honesty and integrity, inspired a public confidence that secured to him a very desirable clientage. When the writer of this was first nomi- nated for District Attorney, he was associated with Judge Grant in practice. The Judge was bitterly opposed to politics, and deelared if the candidate persisted in running for office, he would dissolve their copartnership, and defeat him if possible. The young aspirant did persist, and a dissolution fol- lowed. When the votes were counted it was found that out of seventy-eight votes polled at a precinet down in the deep gorge of the Mokelumne river, six or eight miles from Jackson, where the Judge resided, the writer received more than seventy, although he was an entire stranger in the locality. Believing that this large vote was not wholly due to the fact that he was unknown, he instituted inquiries, and ascertained that the Judge,-being too heavy (some four hundred avoirdupois) to ride on horseback, and the roads being altogether too steep for a carriage,-had secretly walked down and back to the Bar, where he had formerly mined, and was loved and respected by all, and stuffed- not the ballot-box-but the voters, with the theory that the candidate was worthy of their suffrages. This is given as illustrative of the character of the man. Although he was rude and rough at times, in his words and deportment, his heart was in size proportionate to his Falstaffian physique-over-flow- 37
ing with true sympathy and noble impulses-its beatings the power that moved his hands to the performance of generous deeds. When he died, in Jackson, 1859, the community lost one of God's noblest works-an honest man.
HON. JAMES H. HARDY had the brain of some fabled Lycurgus, and possessed the fecundity of a Jupiter's; the bare assertion that "Jim " Hardy sprang therefrom fully armed for the legal arena would require strong refutation. No one could tell when he applied himself to his books, and yet he was an animated eneyelopædia of legal decisions, from the earliest to the latest. When he was upon the bench, attorneys become careless and would simply state that the Supreme Court had so decided, and wait for the Judge to tell them the title of the ease, and in what volume it could be found. He possessed, in a marked degree, the two qualities, one at least of which is essential to success in the legal practicc, but seldom found combined in one-eloquence and a clear knowledge and comprehension of the law. In the absence of a native talent for these, he could scarcely. have reached the prominence at the Bar he attained, since he preferred the social companionship of his host of friends to the studious application most men find essential to a legal reputation. Judge Hardy was born in Hamilton county, Illinois, on the third day of April, 1832; first studied law with his father, and afterwards with Hon. S. S. Marshall; was admitted to practice in Illinois, where, notwithstand- ing his extreme youth, he acquired quite an extensive reputation as a lawyer, and eame to California in 1852, locating at Sacramento; subsequently, he removed to Jackson, and, upon the creation of the Sixteenth Judicial District with the counties of Ama- dor and Calaveras in 1859, was appointed Judge of the new district, to which position he was elected by a flattering majority, at the next following election. As a Democrat he always took prominent part in poli- tics; was District Attorney of Sacramento county, and ran as a Breckinridge elector in 1856. In his numer- ous " stumping " excursions through the State, he always denied that he was out electioneering, but asserted that he was hunting for an ox which he lost while crossing the plains in '50. It is related of him that his first appearance in court at Sacra- mento was upon the recommendation of a friend who had known him in Illinois. "Jim " was found hard at work in a bakery, and at first declined to take the case, alleging his lack of recent practice, ete., but after much urging went into court without ehanging his garments, white with "miller's dust." The opposing counsel, who was somewhat overbearing and pompous in his manner, inquired who repre- sented the other side. Young Hardy was pointed out to him, when he sneeringly asked, " And who is Mr. Hardy ? I have not the pleasure of his acquain- tance." Hardy immediately caught up a large volume lying upon the table, and hurling it at the interrogator, with great force exclaimed, " You will
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not require any further introduction the next time we meet!" Hardy was fined fifty dollars for contempt, but proceeded with his case, convincing his oppo- nent, as well as others who listened, that "Jim " Hardy was not to be despised even in his baker's uniform.
SAMUEL J. K. HANDY was a native of Maryland, of the Virginia school of gentlemen, polished and accomplished, blending dignity and kindness together. He was prominent before the State Convention, in 1856, as a candidate for Congress; failing in which, he left the county. ILis present residence, if living, is unknown. As he was somewhat advanced in years at the time of his residence here, it is likely that he has accomplished his work.
ALVINZA HAYWARD probably had at one time somc aspirations for a professional career, but rich quartz mines absorbed his attention, so that he had little time for thoughts of the law except as it concerned his own extensive business. He will be remembered as the man who developed the richest gold mine on the coast, and in that connection his history is related in another portion of this book.
JAMES F. HUBBARD Was formerly a surveyor, but concluding that he could see to better advantage through the intricacies of the law than through the theodolite, he threw aside the chain and compass, and commenced Blackstone and Kent. Ilis hopes and anticipations were fully realized, and, in due course of time, he took his seat at the Bar, and built up a most valuable practice. Hc was in company with several of the prominent lawyers at Jackson at different times. Though not considered a bril- liant pleader, his opinion was highly valued. About the years 1862 or '63, he removed to San Francisco, where he practiced with fair success for a few years, finally returning to New York, his native State.
HON. P. C. JOHNSON .* Though Mr. Johnson occu- pied the attention of the county for some years, very little is known of his antecedents. He came into the county from El Dorado in 1855, in company with T. A. Springer, who established the Volcano Ledger that year. Though admitted to the Bar he scarcely ever appeared in court, giving most of his attention to literary matters. He was a brilliant writer, and was connected with the Ledjer for many years as assistant or chief editor. Hc was elected to the Legislature in 1859, and died at the house of T. A. Springer in Jackson, in 1862. Though possessed of many excellent and brilliant qualities, they were impaired by a social weakness, which eventually terminated his life.
L. N. KETCHUM was brought into public notice in 1857, when he was elected to the State Senate, being then a resident of Clinton, where he had been mining. Ile made his mark as a legislator, and then
studied law. Possessed of great colloquial powers and an excellent education, it is not surprising that he met with success in his new vocation. IIc prac- ticed, however, but little in Amador county, but removed to Siskiyou county, where he enjoyed a fine practice and was elected District Attorney. IIe died at Yreka several years ago.
FAYETTE MACE was admitted to the practice of law many years since, but owing to his extensive operations in saw-mills, quartz-mills and farming, he has given the law little attention since, except as it was incidental in his business operations.
HION. GEORGE MOORE, the present Superior Judge of Amador county, was born in Davisville, Boyle county, Kentucky, February 14, 1850; graduated at Centre College in the class of 1870, and after pur- suing the study of law for two years under the tuition of IIon. M. J. Durham, of Kentucky, attended the law school of IIarvard University, Cambridge, Massachu- setts, and was admitted to the Bar in 1874. In the political campaign of 1876 he was appointed one of the Tilden and Hendricks electors, and came to Cal- ifornia in the Fall of 1877, settling in Amador county. IIe entered upon the discharge of his duties as the first Superior Judge of Amador county, under the New Constitution, on the first Monday of January, 1880. He married Mrs. V. B. Lackcy, also a native of Kentucky, in 1879, and now resides in Jaekson.
JONATHAN PALMER was admitted to practice on the organization of the county. His residence was in Oleta (then Fiddletown), and he divided his time about evenly between mining and the study of the law. He acted as Justice of the Peace as early as 1852. He was a man of solid rather than showy acquirements, and in the matter of oratory was eclipsed by R. M. Briggs, who was a resident there at the same time. He was one of the discoverers of the famous American hill, and to the fact of having a rich claim is probably due the little interest he took in legal matters. He has drifted out of sight in recent years.
HON. THOMAS M. PAWLING, a native of Philadel- phia, whose lawyers have been traditionally the " hardest to puzzle " of any of their class, located at Volcano in 1855, where he was law partner of Hon. James T. Farley; was elected County Clerk in 1858, and upon the expiration of his official term resumed practice at Jackson, with J. G. Severance as his part- ner. Upon the discovery of the mines in Esmeralda county, he removed to Aurora, where he acquired considerable wealth, but returned to Jackson in 1865, and again formed a copartnership with Mr. Farley, and continued his practice until 1871, when he was appointed by Governor Haight to fill the position of County Judge, made vacant by the death of Hon. J. Foot Turner, to which office he was subsequently twiee elected by the people. Judge Pawling made no great pretentions to oratory, but exeelled as an " office lawyer," and had few superiors in the prepara-
*His name does not appear in the continuous history as mem- ber of Legislature for that year. The accounts were made up from the Supervisor's records, which were very imperfect .- ED.
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tion of legal documents. He died at Jackson, Janu- ary 21, 1877, while County Judge, at about fifty years of age.
T. J. PHELPS is a native of Kentucky; came to Cal- ifornia in 1849, and to Amador county, as since organ- ized, in 1852; residing in Oleta until elected District Attorney in 1873, a position he filled with distinction for four years. Mr. Phelps has been identified with the material interests of the county since his resi- dence here. He was one of the first to recognize the practicability of conveying water to the mines -the ditch from the north fork of Dry creek in which he was part owner being not only among the first, but among the most profitable of any that were ever con- structed in the county. As a lawyer, Mr. Phelps is a counselor rather than an advocate, and much more disposed to heal dissentions than promote them. He has ever been distinguished as an upright and honor- able man, modest and unassuming, but equal to any emergency that has ever called him to action.
SILAS PENRY is a native of Texas; coming to Cal- ifornia at a very early age, he has made himself what he is in this State. He is still quite young, both in years and in his profession, but has the prom- ise of being brilliant and useful. Ilis life has been somewhat shadowed by the unfortunate affair re- sulting in the death of Elisha Turner, an intimate friend of his. On his trial the courts and public sen- timent cxonerated him of all malice, and it is quite certain that no other blame can attach to him than that of thoughtlessly using his weapon in a case of mutually angry words. It is believed that he will outgrow his self reproach, and attain the position to which his talents entitle him.
ALONZO PLATT was from the State of New York: was one of the original movers in the matter of the organization of Amador county, and one of the com- missioners appointed by the Governor to establish the new county government and call an election for county officers. He was consi lerable of a politician of the old school, and came up for office several times; but as he did not have the plasticity of character necessary to succeed, he was distanced in the race by Messrs. Farley, Gordon, Cope, Briggs and Axtell, and withdrew from public notice.
J. W. PORTER is a native of Pennsylvania; came to California in an early day and engaged in mining, perhaps rather to obtain the means of gratifying his love of reading than with the expectation of making a fortune. It was observed of him, however, that much of his mining was experimental, rather to prove or disprove some theory regarding the deposits of gold, than as a means of acquiring immediate wealth. The hole which he sunk in the head of Soldier's gulch, one hundred and fifty feet deep, under the impression that gold would be found all the way to the bed-rock, was a case in point. The gold was found to that depth, proving his theory, but it was not in sufficient quantity to make his dis-
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