USA > California > Amador County > History of Amador County, California, with illustrations and biographical sketches of its prominent men and pioneers > Part 67
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covery valuable. ITis reading was largely ancient history, which caused the remark to be made, perhaps with some degree of truth, that he was more of a Roman than an American citizen; at any rate, he has many Roman virtues, such as sobriety, stern integrity, fortitude, and none of those weaknesses which endear some of our public men to the average voter, for no man could say that he had tried him drunk and tried him sober, for he was always sober. His aversion to the ordinary method of conducting a political campaign has prevented him from seeking office, for but once was he ever tempted to have his name placed on a ticket, when he ran for County Judge against M. W. Gordon, coming within a few votes of being elected. He refused to electioneer; some of his friends remarking that Porter would not solicit a vote if that one would elect him. His peculiar character of mind eminently fitted him for a judge, but did not fit him for getting the position which depended so much on personal popularity, though his utter contempt for human weakness might have made him a severe judge in criminal cases. Once while pleading before a Justice's Court, in the early fifties, in Volcano, he was interrupted by a half-drunken Irishman with threats of personal violence unless he ceased his offensive remarks. Porter bore the interruptions for a while, but as the court did not seem inclined to protect him he caught up a black-snake whip, which was near by, and lashed the Hibernian until he cried for mercy, after which he proceeded in his speech without apparently noticing the interruption. As might be expected, Mr. Porter remains a single man.
- REYNOLDS was a Judge of the Court of First Instance, or as it was called, Alcalde, in some of the earlier settlements in 1850, and, in consequence, claimed a membership with the Bar, and was admitted to practice upon the organization of Ama- dor county. His legal acquirements were rather limited, but in the chaotic condition of society twenty-five years since, he obtained some practice in the inferior courts. He was not remarkable for any- thing but pretension, and soon dropped out of sight.
J. A. ROBINSON is a native of Ohio, was born in 1838, removed to Illinois in 1858, enlisted April 23, 1861, in the Eighth Regiment of Infantry, Illinois Volunteers, and served under General Oglesby until discharged for disability incurred in the service. IIe came to California in 1863 and settled in Jackson; was at different times County Clerk, and Assistant United States Assessor, for Amador county. He completed his law studies, and was admitted to practice in 1866; removed to San Francisco in 1871, where, for several years, he was chief clerk in the United States Surveyor-General's office, under Har- denburg and his successors. Ile is now practicing law in San Francisco, making land cases a specialty, his long training in that business giving him great familiarity with the origin and perfection of land
292
HISTORY OF AMADOR COUNTY, CALIFORNIA.
titles. He resides in Oakland, and has several times been before the public in connection with municipal offices. His training and natural temperament peenliarly fit him for investigations of complex land titles, and he is enjoying a remunerative and exten- sive practice.
HON. GEO. W. SEATON was a lawyer, politician, and quartz miner of considerable note in the early days of Amador. He, like many members of the old Whig party, joined the Know-Nothing, or American party, and afterwards both Democratic and Republican par- ties by turns. He was elected to the State Senate in 1865 by the Democratic party, but perished in the explosion of the steamer Yosemite, on the Sacra- mento, before taking his seat. He was a man of strong will and great energy, and when a move was decided upon it never failed for want of persist- ent action. His style of speech was, like the man, more forcible than elegant. He made no pretensions to learning or elegance, but appealed to the com- mon sense of his auditors. He was better adapted to the forum than the Bar.
JOSIAH GOULD SEVERANCE is a native of Maine, born September 30, 1832. Ile prepared for college at Hampden Academy, and entered at Bowdoin in 1852, but, at the solicitations of friends, withdrew without graduating, and entered upon the study of the law in the office of Hon. Hannibal Hamlin, at Hampden, where he remained for about a year, when he entered the law office of Hon. John E. God- frey, for years and now Probate Judge of Penobscot county, at Bangor; was admitted to the Supreme Judicial Court of that State in 1855, and arrived in San Francisco on the first day of January, 1856, and first located in the then flourishing mining town of Lancha Plana, Amador county. Ile was elected a member of the Board of Supervisors in the Fall of 1856, and in 1858, District Attorney by the Douglas Democraey, having as his opponents Hon. S. B. Axtell, Breckinridge candidate, and John C. Gear, the straight Republican nominee; was active in the organization of the Union party in the county, in 1862, and was made chairman of its first County Central Committee ; ran for the Assembly, much against his will, that year, and, with the whole ticket, was defeated, coming, however, within twenty- nine votes of an election. In the Fall of 1862, he married Miss M. J. Tiel, of Jackson, and removed to Calaveras county, where he was elected Distriet Attorney the following year, and re-elected in 1865. For some time he edited the Amador Ledyer, and was the proprietor and editor of the San Andreas Register. He is now engaged in his professional practice in San Francisco, where he has taken but little part in politics, although he there served for a time as assistant District Attorney, under D. J. Murphy, Esq., and ran on and was defeated with, the straight Republiean tieket, as Delegate at Large to the late Constitutional Convention.
MOSES TEBES was a young man of rather promis- ing abilities who came to Volcano in 1855. Remain- ing but a few years he went to Alpine upon the organization of that county, where he was heard from occasionally in connection with political mat- ters. His present residence is unknown.
HENRY L. WALDO was a native of Missouri, and made his way to California by way of Oregon. He carly chose the law as his profession, and alternated study with hard work whenever he had the oppor- tunity, sometimes studying with his friends, sharing their hospitalities, and at other times becoming a habitant of a law office. His progress in his profes- sion was rapid. In 1869 he was elected District Attorney, which position he held to the elose of the term, performing the duties to the satisfaction of all concerned. He declined a re-election, justly con- eluding that he could find a more honorable and lucrative position elsewhere. He now holds a high judicial position in the Territory of New Mexico. As an officer he was courteous, firm and upright, swerved from the right course neither by blandish- ments nor fear. During the excitement attending the lawless action of the Miner's League at Sutter Creek, he was informed that he would prosecute the rioters at the risk of his life. He turned to the belligerent leaguer and invited him to commence operations then and there, for he should perform his duty.
[The biographies of the members of the Bar are somewhat limited, owing to the difficulty of obtain- ing reliable data. Some are too modest to narrate the prominent events in their lives; some, perhaps, are apprehensive of a too critical review of their careers, some are negligent, and others have gone to that region from which no correspondence is permitted. If some things important are omitted and others exalted to undue importance, we can only say that after awaiting letters and information some time, the demand for copy compelled us to close the sketehes with what we had on hand.]
DROPS OF JUDICIAL WISDOM.
Mr. Axtell relates the following of
whilom Justice of the Peace at Rancheria: During the progress of a trial by jury in his court, the expression, non compos mentis, was used. One of the jurors, with a landable desire to fully understand the case, asked the Court the meaning of the term used. "It is," said his honor, with becoming dig- nity, " the process by which the attendance of wit- nesses from another county is obtained." As wit- nesses were present from El Dorado county, the answer was satisfactory.
" Uncle Jake" Emminger was also Justice at Rancheria, and was very proud of his patriarchal beard, which he allowed to fall below his waist on Sundays and Court days, but carefully folded up on ordinary occasions. IIe was also prond of his politi- cal achievements in his township, where, by somc coup de main, he obtained thirty-four votes out of a
293
SKETCHES OF AMADOR COUNTY BAR.
possible sixty-seven in the whole township, and was, therefore, elected. It is said that he once sentenced a Chinaman to jail for life for stealing chickens, but afterwards exeused the error, as being of the heart and not of the head, by claiming that had a shorter term been imposed his constituency would have hanged the culprit. In a easc before " Uncle Jake" the defendant presented and read an affidavit for change of venue. The Court listened patiently, stroked his long beard gravely and thoughtfully for a few minutes, then said: "The affidavit of the defendant is overruled, and judgment rendered for the plaintiff in the sum of -" " Hold on," cried the defendant, "if I must have my case tried by this Court, I demand a jury!" " What in h-, sir, do you expect to prove by a jury ?" demanded the Judge in his most severe manner.
" Judge" Hugh Robinson, an Irish gentleman of the old school, was for many years Justice of the Peace at Clinton, and mine host of the chief cara- vansary of the village. It was not a temperance tavern, and so great was the liberal hospitality of the "Judge," that even the Governor of North Caro- linia would have ceased his chronic complaint of "a long time between drinks," had he been his guest. S. B. Axtell and James F. Hubbard were once pitted against each other in a case before him. The testi- mony all in, the brief and terse argument of Mr. Axtell was listened to by the Court with marked attention, but the " linked sweetness " of Judge Ilubbard's reply proved too much for the "Judge's" aetive tempera- ment, and under the combined influence of somno- lent logic and cordial hospitality, he fell asleep. Judge Hubbard had him aroused, and, in a some- what indignant manner, remarked that if his case was not properly considered he would appeal it to a higher court. "Appeal to h-, and be damned to ye !" cried the "Judge;" "judgment for the plaint- iff, and this court is adjourned !"
A marriage ceremony was once performed by one of the local Justices, so brilliant in its character that the name of the distinguished official, and the time and place, are omitted, that the honors may be equally divided. The candidates for matrimonial uncertainties presenting themselves before the magis- trate, he ordered the bridegroom elect to hold up his right hand, and, in his most impressive manner, said: "You do most solemnly swear that you are twenty-one years of age; that you will support the Constitution of the United States, and of the State of California; that you will be a true, faithful, and obe- dient husband, and that you have not voted before this day, so help you God." What was said to the woman was not related.
The case of Owens vs. Shackles, et al., was brought in Justice Palmer's court, at Lancha Plana, in Jan- uary, 1856, to determine the right of po-session to a mining claim. Henry Eno, who had been County Judge of Calaveras county, and was afterwards County Judge of Alpine county, was attorney for
the plaintiff. The trial was had by jury, who ren- dered their verdict that the claim did not belong to either party. Without waiting for any action by the Court upon the verdict, there was a gen- eral rush of attorneys, clients, and witnesses for the disputed ground. It is said that Judge Eno, whose gray hairs were streaming in the wind, raised by his Iroquois pace, would have won the race and (bound- ary) stakes, had not Shackles caught him by the coat-tail, and flung him aside, thus winning the race and suit, with Owens a very good second.
Apropos of Judge Eno, a story is told which may not be out of place here, since his practice was quite as extensive in Amador as in Calaveras. While he was County Judge of Calaveras, a young man was tried and convicted before him, of a felony. Judge Brockway defended the prisoner in his usual able manner, and upon the arraignment of his client for sentence made a most feeling appeal to the Court for leniency, moving his auditors to tears, and apparently producing a deep impression upon the Court. After waiting a short time for the excitement to subside, Judge Eno said : "Prisoner, stand up! You have been indicted by the Grand Jury of this county for the crime of burglary, to which indict- ment you pleaded ' not guilty.' You have been fairly tried by a jury of your own selection, who find you guilty of the charge contained in the indictment, having been ably and well defended during that trial by eminent counsel. Your counsel has made a most touching and eloquent appeal to the Court for its sympathy and indulgenee, calling attention to the apparent fact that you are but a boy in years; aver- ring that this is your first eriminal offense; that you are the only son of one of our most respected and worthy citizens, and the idol of an almost broken- hearted mother; that the result of a long incarcera- tion would be ruin to your future, which might be fair and even brilliant. The Court is deeply impressed with these facts, and its sentence, there- fore, is, that you be taken by the Sheriff of this county to the State prison at San Quentin, and there be confined to hard labor for a term of fourteen years; and I only wish I could make it longer."
The prisoner was, however, pardoned a short time after, and, to the credit of Judge Eno, be it said, he signed the petition for the pardon and exerted him- self in that behalf.
A DISGUSTED CREDITOR.
While Judge Gordon was County Judge and ex officio Judge of the Probate Court, and Jerry King was Public Administrator, two Swedes were drowned in the Mokelumne river, leaving, as was supposed, some property. King was duly appointed administrator of their estates. A few weeks after, an original specimen of humanity, with unkempt hair of an indescribable hue, crane neck and leathery features, his general appearance suggesting the idea of a dried-apple on the end of a ramrod, presented him- self before Judge Gordon, and making an awkward
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FHISTORY OF AMADOR COUNTY, CALIFORNIA.
bow of unusual vigor, and slinging his well-worn sombrero beneath his arm with the air and punctillo of a soldier presenting arms, his mental thermom- eter evidently at fighting point, said,
" Might Mister King be here ?"
Judge Gordon ever ready to gratify his disposition for a quiet joke, and discovering rich croppings therefor, concluded to prospect, and answered,
" No. What do you want with Mr. King?"
Pat-" An' its meself that wants me money!"
Judge Gordon-" What money has Mr. King of yours ?"
Pat-" Its me money that I arent like an honest man off them that died in the river beyant, bedad!"
Judge Gordon-" Did you earn it before or after they were drowned ? "
Pat-" Do ye think they could hire me afther they were dead, bedad ? "
Judge Gordon-" Mr. King cannot give you your moncy now. You must wait until the cstate is administercd."
Pat-" An' what's that ?"
Judge Gordon-" Until it goes through the court."
Pat-" An' d'ye say that, now ? Then it's Pat Rooney's son 'll give hisself no more trouble aboot it, at all, at all. Bedad, an' if it goes through the coort, it's meself that 'Il niver see a cint. Ach, hone, I thought afther only one man's stalings, faith, there'd be some left-but if it's got to go through the coort, Holy Virgin, it's me own father's son that 'll niver get a cint. Good day ter yees, gintlemen; it's no more I'll bother me head aboot it, at all, at all!"
DEVOUT DEACONS.
About the year 1860, an Episcopal clergyman made an effort to establish a society of his form of worship at Jackson, and secured the court-room for the meeting. Of course it was popular, and it became the intellectual members of the community to identify themselves with the movement; hence, many members of the Bar who had been conspic- uous by their absence from any church for years, were in attendance. It was necessary that deacons should be selected, and Counselor B- and Ju lge H- were among the elect. During service they were unable to find the places in the book for re- sponses, and B -- asked of H --- in an audible whisper, " Jim, where in b-l is the place ?" " Damfino," responded H- earnestly turning the leaves of the one book with which he was not familiar.
A COLORED ADVOCATE.
J. W. D. Palmer, a most genial and intelligent gentleman, from Kentucky, and formerly connected with the press at Louisville, has been Justice of the Peace at Lancha Plana for years. In his court an action to recover the possession of a mining claim, situated in the basin of a hill, was brought by Hon. George Wagner, who had represented Amador in the Assembly, against a colored man named Smith, who had dug a " tail-race" through the rim rock
of the hill into the basin, through which to run off the debris in sluices. Mr. Wagner was represented by Mr. Severance, and Smith appeared in propria persona. The testimony all in, Smith proceeded to sum up as follows: "Yer 'oner, I will please to state to dis Court dat 1 jist spent my bottom dollar on dat ar tail-race; an de statoots uv dis State says dat you can't steal away my prop'ty. My oppoleon has gone and payed a silver-tongued lawyer to come here and cheat me out ob dat tail-race, but I'll please to state to dis Court dat it can't be did. No sar! Now dars George Wagner, kase he's 'lected to de Legislater when people was scace down dis way, he thinks he can run ober de poor African!" In spite of his eloquence he lost his case.
A GAME OF WHIST.
One evening during court week, Tod Robinson and Judge Carter engaged in a game of whist, in the "Young America," upon opposite sides. After playing for some time, Judge Carter dextrously exchanged cards with Judge Robinson, and got a very good hand by that means. The act was wit- nessed by the spectators, but passed unnoticed by Judge Robinson. Trick after trick was taken by Carter, to the audible amusement of the lookers-on, when Robinson, irritated by the laughter exclaimed, in that clear, cut silver speech, for which he was noted, "Gentlemen, am I the butt of your merri- ment?" Ile soon discovered that Carter bad played a trick on him, and, rising to his full height and assuming his most dignified and tragic style, said, "Judge Carter! [pause] Squire Carter! [pause- in a louder tone] Mister Carter! [contemptuously] Carter! [then in a tone of withering irony] Old Carter! You have played seven-up with Bill Hicks and Jim Martin on a rawhide until you are wholly unfit to play with a gentleman, and I'll leave you, sir!"
AN INDUSTRIOUS GRAND JURY.
A careful reader of our history will not need tell- ing a second time, that gambling was alarmingly prevalent in early days. The Legislature passed laws making gambling a penal offense; but in the chaotie state of society, about the beginning of the sixties, the laws against it were considered more as moral maxims than as imperious rules, and gambling went on much as ever. It happened that a Grand Jury, more than usually conscientious was convened, and when they were sworn to bring to notice all known violations of the statutes, gambling was of course included. A few cases were brought in, and the persons indicted. This led to more, and the whole week was spent in obtaining evidence of the act, until the numbers amounted to over three hundred. The District Attorney urged the useless- ness of the course, as no trial jury would convict a man of a State's prison offense merely for betting a quarter on monte or faro, but the Grand Jury thought otherwise. Blank indictments were printed
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SKETCHES OF AMADOR COUNTY BAR.
so that the jurors themselves could fill up the blanks, and the work went on. One case was brought to trial, and a day spent in the vain effort to obtain a conviction. The District Attorney here told the jury that he was unable to obtain a conviction, and asked legal assistance. Fifty dollars was raised among the grand jurors, and the serviees of Tod Robinson obtained. He exerted himself to the utmost, still the verdict was "not guilty.". Sat- urday noon had arrived, and the Grand Jury were still at work, increasing the list until it seemed as if half the county would be put on trial. The Dis- trict Attorney communicated his dilemma to Judge Gordon. He said nothing, but gave that peculiar
twist of the eyes and mouth which all his friends know forebodes -- well, something decisive. When some little business had been disposed of the Judge asked the usual question, "Mr. District Attorney, have you any farther business before this Court?" Upon being answered in the negative, he ordered the Court adjourned sine die. The Grand Jury met the following Monday morning to continue the busi- ness, but were informed that the adjournment of the Court had ended their life as a Grand Jury. Some were able to look at it as a good joke; others went home resolving that if they should again get on the Grand Jury, they would begin with the Judge first.
OFFICERS -OF-
AMADOR COUNTY, CALIFORNIA,
FROM 1854 TO 1880.
YEAR
DISTRICT JUDGE.
COUNTY JUDGE.
DISTRICT ATTORNEY.
COUNTY CLERK.
CO. RECORDER.3
SHERIFF.
CO. TREASURER.
CO. SURVEYOR.
CO. ASSESSOR."
1854
Charles Creanor. ..
M. W. Gordon ...
S. B. Axtell.
J. C. Shipmar
W. A. Phoenix. . George Durham+. . W. J. Paugh.
W. L. McKimm ...
David Armstrong.
H. A. Eichelberger.
1855
Ellis Evans.
James Masterson
1856
16
J. G Severance.
T. M. Pawling.
C. A. Lagrave.
A. Moore ..
F. P. Smith.
1858
.
1859
James H. Hardy . ..
J. Foot Turner
Jas. W. Bicknell.
R. Cosner
J. M. Griffith.
F. McGrath ..
1860 1861
W. H. Badgely . ..
J. Foot Turner
R. M. Briggs.
E. S. Hall. .
H. Wood
B. B. Redhead.
F. McGrath . Otto Walther. .
J. M. Griffith
1863
S. W. Brockway ..
J. C. Shipman.
A. C. Hinkson.
R. Cosner.
(6)
T. C. Stowers
Add. C. Hinkson .
P. Seibenthaler. . "
George Durham
James Mehan.
Arthur Spear
1868
A. C. Adams
"
T. W. Pawling.
R. M. Briggs,
B. F. Richtmyer. .
H. B. Kelley.
O. Button.
D. D. Reaves.
66
1872
1873
T. J. Phelps.
J. B. Stevens. "
Peter Fagan
-
James Meehan. ..
J. J. Jones
1876 1877 1878
G. E. Williams .. 66
A. C. Brown1
A. Caminetti
"
T. A. Chichizola2. . L. J. Fontenrose. ..
-
J. A. Brown
A. Petty
1879
1880
George Moore* .
(1) Vice T. W. Pawling, deceased; appointed in February.
(2) Vice Henry Peck, deceased.
(3) The offices of County Clerk and Recorder combined, except in the years 1862-63-61-65-66-67.
(4) Appointed August, 1855, vice W. A. Phoenix, who was killed in the difficulty at Chinese Camp.
(5) Appointed November 25th, vice B. B. Redhead, deceased.
(6) In the election held September 6, 1865, L. Rabolt was elected Treasurer, but it being proved that he was not a citizen, Otto Walter, competitor, was appointed to fill the vacancy.
(7) Township Assessors during the years 1862-63-64-65-66-67-68.
(*) Superior Judge.
OFFICERS OF AMADOR COUNTY.
.
1874
1875
Henry Peck.
John Vogan.
H. C. Meek
J. W. Surface ....
1869
D. B. Spagnoli
.
1870
S. B. Axtell.
"
A. Day .
George Kress.
1862
I. N. Randolph5
:
1864 1865 1866 1867
H. L. Waldo
1871
J. A. Butterfield ... W. L. McKimur.
.€
..
296
1857
H. S. Hatch
John R. Dicks.
PHOTO BY C. SUTTERLEY
. BRITTON & REY. S. F.
LiTH. 8
A. Petty
THOMPSON & WEST, PUB. OAKLAND , CAL.
OFFICERS
-OF-
38
AMADOR COUNTY, CALIFORNIA,
FROM 1854 TO 1880-CONTINUED.
YEAR
SUPT. SCHOOLS.8
CORONER.
PUB. ADMINISTRATOR. 9
BOARD OF SUPERVISORS. 10
STATE SENATOR.
ASSEMBLYMEN.
1854
L. G. Lyon
E. B. Harris
A. J. Houghtaling, Ellis Evans, Charles Burleson.
D. Crandall
J. T. Farley, J. D. W. Palmer.
1855
J. W. Goodin
Wm. Jennings.
C. Burleson, S. S. Hartram, A. B. Andrews. .
J. T. Farley, G. W. Wagner
1856
E. B. McIntyre.
A. B. Kibbe.
J. B. King.
Thomas H. Loehr, F. McBride, F. G. Hoard.
L. N. Ketcham14
Homer King, R. M. Briggs ..
1858
H. H. Rheese
E. Gallagher
Robert Stewart, R. D. Stiles, Jacob Linzee
W. W. Copc, John A. Eagon.
1859 1860
Samuel Page
W. E. Fifield
Robert Stewart, C. Y. Hammond, George Mc Williams
R. Burnell, T. M. Horrell. .
1861
Louis Mentzell
Geo. W. Beers
I. B. Gregory, H. B. Bishop, James H. Allen ..
E. M. Simpson, A. B. Andrews.
1863
D. Townsend
C. H. Kelly
H. Robinson
Jas. H. Allen, H. B. Bishop, E. A. Kingsley, I. B. Gregory, E. B. Woolley
William B. Ludlow, A. C. Brown
1864
S. G. Briggs.
J. Boarman
M. Tynan.
E. B. Woolley, Wm. Jennings, C. H. Ingalls.
A. H. Rosc15
H. Lee11, A. C. Brown12.
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