USA > California > Nevada County > History of Nevada County, California; with illustrations descriptive of its scenery, residences, public buildings, fine blocks, and manufactories > Part 20
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Washington still remains the principal locality in the town- ship, and unlike most mining towns, has never had the mis- fortune to be destroyed by fire. A store was burned in October, 1867, and the proprietor in kicking about in the ashes dis- covered $1100 in gold coin, which he had laid away so carefully that he had forgotten the fact, aud had charged parties with its theft. The town now contains two hotels, two stores, two saloons, shou shop, market, post office, school house and a population of about two hundred and fifty, exclusive of Chi- nese.
ALPHA.
The town of Alpha, about two miles south of Washington, was first located in the spring of 1853 by Charles Phelps The mines were what were known as hill diggings and attracted a great many miners. For some time the town was imperfectly supplied with water, and was consequently nearly deserted in suunuer, but became a busy camp during the wet season. It saw the hight of its prosperity in 1854 and 1855, in the latter of which years it cast fifty-nine votes. A ditch was brought in and the hydraulic hose introduced, thus lessening the number of winers but increasing the yield. Alpha is now worked out aud abandoned. At one time Dibble Lodge, No. 109, F. aud A. M. was located here.
OMEGA.
About a mile cast of Alpha is the town of Omega, still the scene of quite extensive hydraulic mining operations. Ravine diggings were worked here in 1851, and the hill diggings dis- covered aud opened in 1852. Omega soon became a flourishing camp, and three ditches were brought in for the working of the quines, and large hydraulic mining operations have been con- stautly carried on licre. A lodge of the Sons of Temperance was organized in 1855 and a Masonic lodge in 1860. A fire destroyed the town August 24, 1861, but with the energy usually displayed under those circumstances, it was quickly rebuilt, only to be again laid low on the twelfth of November, 1863. Again was the town rebuilt and has remained free from destructive fires to the present time.
In 1858 Omega was at the hight of its prosperity, and con- tained four provision stores, one clothing store, two meat mar-
kets, three blacksmith shops, four saloons, one tin shop and a population of about two hundred. At present, Omega has one hotel, onc store, a post office, a school house, and a population of about one hundred and fifty souls.
GOLD HILL.
Another of the early mining camps where hill diggings were found was Gold Hill, two miles west of Washington and a little way south of the river. Gold Hill was almost entirely destroyed by fire October 2, 1856. The fire origiuated about four o'clock in the morning in the store of J. Job, and the flames made such rapid headway that all attempts of the excited people to oppose them were unavailing, and nearly the entire town was laid in ashes. The origin of the fire is uncer- tain, but some men had been up nearly all night playing cards, and had retired less thau an hour before the flames broke out. The losses, although not great in amount, were still severe ones for a small mining community to bear. They are given, to show what the town consisted of and who its business men were :-
J. Job, store and three buildings. $ 8,000
F. McLeod, dwelling and furniture. 3,500
George Moore, store and ten-pin alley 3,000
Mr. Prior, dwelling and tools. . 2,000
2,000
Wm. Boswell, dwelling and tools
1,500
Pier & Livingston, “ =
1,500
Scott & Braden,
Mr. Burrington, 600
500
Ward & Sprout,
=
400
William Farnham,
(
400
F. Todd,
300
Gilbert White,
200
Mr. Young,
500
Rutsell & Sweet, butchers.
2,000
C. J. Corkey, billiard saloon.
200
Z. Ball, blacksmith shop .
150
Thompson & Ankron, house
150
Wm. Knowls
100
W. G. Monroe
Total.
$27,000
The town never recovered from this blow, and the miues soon after becoming exhausted, the place was abandoned.
There have been many mining camps in the township which did not rise to the dignity of towns, and that will be spoken of in a succeeding chapter devoted to mincs. Of these Phelps Hill, Jefferson, and Rocky Bar are the most prominent.
CHAPTER XXIX.
THE COURTS OF NEVADA COUNTY.
Introduction of Law-The Mexican Courts-Supreme Court-District Court -County Court-Court of Sessions-Probate Court-Justices of the Peace -Courts Under the New Constitution.
THE introduction of law into Alta California may properly be said to have been in 1769, when Father Junipero Serra, founded the Mission of San Diego. The Padres had full civil control of the mission settlements. and administered justice, not as we have been accustomed to in our courts of law, but in the man- ner best calculated to further the interests of their religion and government. Later, when Pueblos were established, justice was administered by an Alcalde (Judge), whose authority and that of the other civil officers gradually encroached upon the juris- diction of the Padres, until finally, when the Missions were secularized, the civil power obtained supreme control, its authority extending along the whole coast, and as far inland as the military arın had strength to carry it.
Under the Mexican laws of 1837, we find the courts estab- lished as follows for the territory of California :- The highest court, having an appellate jurisdiction and corresponding in character to our Supreme Court, was the Superior Court of California, consisting of four Judges and an Attorney General. It was divided into the first and second benches, the three senior Judges composing the first and the junior the second. The first bench was called the Court of the Third Instance, and its deci- sions were final. Appeals lay to this court from the second
bench or Court of the Second Instance. The latter court hadl first jurisdiction of appeals from the Court of the First Instance, the highest local court then existing, and having somewhat the powers of our District Court. It became customary for the First Alcalde to discharge the duties of Judge of the Court of the First Instance. The lesser magistrates consisted of the Alcaldes and Justices of the Peace, whose duties were very similar and corresponded closely to those of our Justices.
During the period intervening between the American cou- quest, in 1846, and the establishment of the uew courts under the Constitution in 1850, the courts became seriously disorgau- ized. In many places of recent growth, notably the towns and cities that dotted the valleys, brought almost miraculously into being by the inward rush of the eager gold seekers, there had as yet been no court, and no law but that administered by the settler and the miner. To remedy this defect, Gen. Bennett Riley, then Military Governor, issued a proclamation. Juue 3, 1849, in which, among other things, he called upon the people to elect Alcaldes and Judges, under the Mexican laws which were then in force, who shoukl administer justice uutil the courts to be established by the Constitution should become clothed with the powers to be given them by that instrument.
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RESIDENCE OF WM GEORGE.
WM. GEORGE'S GROCERY & PROVISION 510
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IN GENERAL MERCHANDISE &
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W- GEORGE.
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PUBLISHED BY THOMPSON & WEST.
STORE OF WM GEORGE, COR. NEAL & AUBURN STS GRASS VALLEY, NEVADA C.º, CAL.
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HISTORY OF NEVADA COUNTY, CALIFORNIA.
This was done in the few localities then sufficiently woth 1 to require a magistrate, a condition at which thi regi n hal not arrived at thut tiun.
The courts established by the Constitution of 1549 and their history so far as they relate to this county, are as follows :-
SUPREME COURT
By the Constitution of 1849, the highest judicial power in the State wus ve ted in a Supreme Court, with appellate juris- dietion of ennses involving over two hnufred dollars, and in all cases of tax, municipal fines, and criminal cases amounting to a felony, in questiors of law only. The Court consisted of one Chief Justice and two Associate Justices, any two of whom constituted a quorum. The agreement of two of them was necessary to a decision. The form of office was fixed at six years, one Justice to to elected in 1851, and one on each second year thereafter. The Judge whose term was the first to expire wis unnudle the Chief Justice. The first Justices were elected by tlu: first Legislature aml one of them was chosen by lot, whose term should expire January 1, 1852, one in 1854, and one in 1856. The Governor was given the power to fill any vaenney by appointment until the next general election. In February, 1852, Justice Heydenfehlt, by joint resolution of the Legisht- ture, was granted leave of absener for six months. It became evident after his departure thut the remainder of the Court could not transnet much business, beenuse a disagreement between them rendered n decision impossible. Therefore, March 25, 1852, the Legislature passed an Act authorizing the Gover- nor to till any temporary vncuney by appointment. The next lay Ilon. Peter HI. Burnett. was appointed, but declined to serve, dorming the Aet unconstitutional. April 2, Hon. Alexander Wells was appointed. The constitutionality of the Act was uttested on an ngreed case, und the Court were divided in their opinions, Chief Justice Murray giving an opinion ngainst the legality of the Act, and Justice Anderson, one in its favor. There being then no decision of the question, Justice Wells took his sent My 5, 1852. When Justice Heydenfehlt returned, he gave un opinion coneurring with that of Chief Justice Murray agninst the Act, und thus it was declared unconstitutional; not, however, until Justice Wells had retired from the bench. The constitutional amendments of 1563 altered the composition of the Court, establishing it ns it remained until the new Con- stitution took effect, JJammry 1, ISSO. The number of Justices was increased to five, one to be elected every second year with terms of ten years. Five were elected in 1863, and the length of their terms decided among them by lot. The causes which could be appealed were placed at those involving over three hundred instead of two hundred dollars.
DISTRICT COURT.
Under the law of 1850, Sutter and Yuba counties were in
the Eighth Judicial District, an I ti . first term of the court was comme nel at Mary-vile Jin. 3. 1971 by Hm Wm R Turner The next term was held in Suiter county : Vi la 1s. The juri liction of this Court was very large in lilng chan- cory, cisi and criminal. It had original e mizance mal ca in equity, and its civil jurisdiction in ul I all es where the amount excredel two hundred dollar causes involving. t . title to real property or the validity of any six, and issues of fact joined in the Probate Court It had power to inquire into all criminal offenses by mneau- of a Grand Jury, and try indict- ments found by that body.
The first Grand Jury was drawn in Yuba county, and assembled June 4, and was composed of the following citizens :-- W' Fetter, foreman: F. W. Shaffer, George Hubbard, W. W. Clevelandl. A. T. Farish, J. S. Kelly, W. W. Nelm, N. D. Mock, John H. Washburn, Wiu. King, I. Washburn, Norman Hudson, A. H. Johnson, Morton Cheeseman, W. E. Whitman and Win. Ferguson.
In 1851, the Legislature took from the court its criminal jurisdiction and conferred it upon the Court of Sessions, leaving it the power of hearing appeals from that court in criminal matters, and the power to try all indietments for murder, man- slaughter, arson, and other cases that could not be tried in the Court of Sessions. At the same session the Legislature formed Yuba, Nevada and Sutter counties into the Tenth Judicial Dis- triet. In 1851, Hon. Gordon N. Mott was appointed by the Governor to fill the vaenney caused by the removal of Hon. Wiu. Il. Turner to another district.
At the opening of the District Court, at Marysville, Octofier 10, 1851, Hon. W. T. Barbour was present, with a commission from the Governor as District Judge of this district. He iuti- matodl that he desired an interview with Judge Mott before making the formal demand for the office, and the court was adjourned till two o'clock in the afternoon. During the recess Judges Mott and Barbour, together with the members of the bar, held a consultation in the office of the Recorder. Judge Barbour stated that he had a commission from the Governor as District Judge of the Tenth Judicial District, given in conse- quence of his election to that office by the people at the la-t general election, and that he had taken the constitutional oath of office. Judge Mott stated that he also had a commission from the Governor as District Judge, and claimed that, as his commission was given to fill a vacancy in the ollice occasioned by the failure of the Legislature to elect, and as it did not men- tion the term for which he was to hold office, it would hold till the election of District Judges in 1852. The Constitution pro- vided for the filling of such vacancies "at the next clection by the people," and the question of right lay on the interpreta- tion of these words, whether they meant the next election, or the next regular election for the office to be filled. Upon the
assembling of the Court in the afternoon, Mr Barbour appeared and den niel the office and records this course having been previously decide I upor, and then the Court adjourned to allow the matter to be carried to the Supreme Court There it was decided that Mr Barbour was the rightful claimant to the post tion; he accordingly took his seat without further interruption. Mr Barbour hell a term of Court in Nevada, soon after, which was the first held here. In 1838, the Tenth Judicial District w & changed by the Legislature sous to embrace Yuba, Novada, Sntter and Sierru counties.
In 1855, Nevada, Sierra and Phunas counties were united na the Fourteenth District, und so remained until 1837, when l'luinns was detached, the district being too Inrge. Sierra was taken out also a short time afterwards, leaving Novada county in a distriet by itself. When the constitutional changes were male in 1563, Nevada and I'mcer counties woro associated together as the Fourteenth Judicial District, und so remunined. At that time the civil jurisdiction was raised from amounts of more than two hundred dollars to three hundred dollars, mul it. was given exclusive power to try all indictments for treason, misprision of treason, murder und manslaughter. But. littlo change was made in the powers of the District Court after 1863. A Judge had the authority to hold Court in any district, by request of the Judge of that District, or upou desiguntion or the Governor. The term of a Judge of the District Court wus fixed by the Constitution at six yours. By the Art of March 20. 1872, the Judge was empowered to hold terms of court in Truckee, to hear cases arising in Meadow Lake town. bip. A term was appointed to be held there in September, 1572, Judge Kamage of Sacramento county to preside; but when the time came the Judge was prevented from attending by sickness, und no court was held. No attempt was afterwards made to hohl the District Court in Truckce.
COUNTY COURT.
The County Court was held by the County Judge, whose terin was fixed by the Constitution at four years. An appeal lay to this court in civil cases from a Justice of the Peace. The business transacted by this court was at first necessarily very small. In 1863, the Legislature inde the jurisdiction of this court to embrace cases of forcible entry and detainer. The Court of Sessions having been abolished, criminal jurisdic- tion was given to this court with power to try all indictments, except those for treason, inisprision of treason, murder and manslaughter, which indictments must be certified to the Dis- trict Court for trial.
An act of the Legislature, approved March 30, 1872, authorized the County Judge to hold terms of court in Truckee to hear cases arising in Meadow Lake township; court was
94
HISTORY OF NEVADA COUNTY, CALIFORNIA.
held there annually until the new Constitution abolished the County Court.
COURT OF SESSIONS.
The Court of Sessions was composed of the County Judge as Chief Justice, and two Justices of the Peace as Associate Justices, whose term of office was one year, and who were clected annually by the Justices of the county. The duties of this court included those now discharged by the Board of Supervis- ors, which the court continued to perform until 1855, when the Board of Supervisors was organized. In 1851, the power to inquire into criminal offenses by means of a Grand Jury, was transferred from the District Court to this court. All criminal indictments were tried here, except for murder, man- slaughter, and arson. By the Constitutional chauges in 1863 this court was abolished.
PROBATE COURT.
The County Judge is also Judge of the Probate Court. The jurisdiction of this Court embraced all probate matters. Issues of fact joined here were adjourned into the District Court for trial, or by agreement could be tried in this court. Afterwards, by Aet of Legislature, the Probate Court was given the power to summon juries and try issues of fact. There were no great alterations in the powers of this court. In common with the District and County Courts the Probate Court was empowered to sit at Truckee, but never availed itself of the privilege.
JUSTICES OF THE PEACE.
By the law of 1850, the term of a Justice of the Peace was fixed at one year; his jurisdiction extended to the limits of the township in which he was elected. He had cognizance of actions on contraet, for damages, and to recover specifie property when the amount or value did not exceed two hundred dollars. In 1851, his powers were considerably increased. He had jurisdiction of actions to recover money, for damages to personal property, for fines, penalties and forfeitures, actions on bonds, enforcement of lien on personal property, actions to recover personal property and judgment by confession, where the amount in all these cases did not exceed five hundred dollars, and on a bond taken by him, even if the amount did exceed that sum, cases of forcible entry and detainer, and the trial of the right of mining claims. The criminal jurisdiction included vagraney, disorder, petty larceny, assault and battery, breaches of the peace, and all misdemeanors punishable by a fine of not more than five hundred dollars and not more than one year's imprisonment. In 1863, forcible entry and detainer cases were transferred to the County Court, and the eivil jurisdiction reduced to amounts not exceeding three hundred dollars. In 1870, the jurisdiction of this court
in cases of misdemeanor was extended to fines of one thousand dollars and imprisonment one year. In 1874, this jurisdiction was reduced to fines of five hundred dollars and six months' imprisonment.
UNDER THE NEW CONSTITUTION.
The new Constitution, adopted by the voters at an election held May 7, 1879, changes the whole system of judiciary. Artiele VI, Section 1, of that instrument reads :- " The judicial power of " the State shall be vested in the Senate sitting as a Court of " Impeachment, in a Supreme Court, Superior Courts, Justices " of the Peace, and such inferior Courts as the Legislature may " establish in any incorporated eity or town, or city and county." The Supreme Court is to consist of a Chief Justice and six Associate Justices, eleeted by the people, and their term of office is fixed at twelve years. There are to be twelve Judges of the Superior Court in the City and County of San Fran- cisco, two in each of the counties of Sacramento, San Joaquin, Los Angeles, Sonoma, Santa Clara, and Alameda, one in the counties of Yuba and Sutter combined, and one in each of the other eonnties in the State.
The Superior Court combines the duties and powers of the present Distriet, County, and Probate Courts. The term of a Judge of the Superior Court is fixed at six years. The Judges of the Supreme and Superior Courts were chosen at the last general election, and assumed their duties on the first day of January, 1880. " The Legislature shall determine the number " of Justices of the Peace to be elected in townships, ineorpo- " rated eities and towns, or cities and counties." It will also have power to establish inferior courts.
CHAPTER XXX.
SKETCH OF THE NEVADA COUNTY BAR.
BY HON. A. A. SARGENT.
The Attorneys who Have Constituted the Bar of Nevada County, and Many Interesting Anecdotes in Regard to Them, and to the Legal and Illegal Pro- ceedings in the County.
FROM the earliest settlement of Nevada county its bar con- tained men of learning and ability. Rich mines hereabouts instantly attracted large numbers of people, who originated all kinds of mining enterprises and engaged in general business. The former were fertile in causes of litigation, giving abundant and profitable employment to the legal profession. Conflicting locations and boundaries of mining claims, and disputed water rights, were the abounding incentives to legal strife for many years; and many of the leading eases to be found in the Cali- fornia Supreme Court Reports originated in Nevada county.
Among the earliest lawyers in this vicinity were E. F. W. Ellis, Niles Searls, Stanton Buekner, James F. Hubbard, Hiram C. Hodge, John T. Crenshaw, John R. MeConnell, Lorenzo Sawyer, Thomas Freeman, Thomas H. Caswell, T. G. Williams, John Anderson, J. B. Townsend, William T. Barbour, T. J Bowers, and William H. Lyons, all of whom came here in 1850; and James Irwin and R. M. Wood, who came in 1851, or early in 1852.
Ellis was a clear-headed, popular man, and an excellent lawyer. He would probably have made his mark had he remained in this State. He represented this section in the Legislature in 1851, and, returning to Illinois in 1852, was a member soon after of the Legislature of that State. He was first Lieutenant-Colonel of the Fifteenth Illinois Regiment, the first regiment in the war from that State, and afterwards its Colonel, which grade he held when he was killed at the battle of Shiloh. His last words, as he fell shot from his horse, were, " Catch me, boys!" Ellis was a bold, fearless man, of powerful frame, and many stories are preserved of his personal exploits. In the summer of 1851 C. A. Frisbie had a saloon that stood on Main street, just above the present site of the South Yuba Com- pany's office. Ellis' office was just at the forks of the road, in which also he slept. He was accustomed to wear a red flannel shirt, red drawers and red stoekings, and at night to divest himself of his outer garments and sleep in his red under apparel to which he added a round rel conical night eap, tapering to a point and hanging over backwards. The "boys " used to run late at night at Frisbie's, and W. T. Barbour, then District Judge, liked to keep them company. One night Judge B. got into an altercation with a gambler, and words ran high. The row waked up Ellis, and he rushed over without waiting to dress, to see who was being murdered, picking up as he ran a stout pine root. As he rushed into the saloon he saw the gam- bler with Barbour's head in chancery, and pistol drawn, just about to kill him. Down eame the root in Ellis' hand on the head of the gambler, who fell like a bullock, when Ellis whirled round and ran back to bed. He appeared and vanished so sud- denly that nobody knew who it was, and it was not found out for some time after; but his interposition probably saved Bar- bour's life.
Ellis was onee trying a ease in the old court room on Broad street, opposite the present National Hotel, in which he com- mented with great severity on the testimony of Dr. W. The doctor was a Tennesseean, an airy man, very punctilious on the point of honor. As Ellis addressed the jury a long bar table stood between him and the body of the court room. Looking round, at some exclamation in the auditorium, he saw W. draw a pistol and make towards him. Ellis at once drew from his breast a kuife about a foot long and went for him, leaping over the table at a bouud. W. made a rush to escape,
GRASS VALLEY SODA WORKS
111 4
SODA WORKS & RESIDENCE OF W.E. DEAMER,
PUBLISHED BY THOMPSON & WEST.
GRASS VALLEY, NEVADA COUNTY CAL.
95
HISTORY OF NEVADA COUNTY CALIFORNIA.
and never stopped until he got into the trest, when Elli returned and calmly concluded his speech to the jury
Hon. Niles Searly was one of the first residents of Vala, and curly engaged in bin profesion. He will lives here, though he absented himself for some yours in New York He was at one time District Attorney of this county subsequently Di- trice Judge, and more recently State Senator On another occasion he was elected District Attorney, lat refused to quality. He has always enjoyed a large practice when at the bar, nud the confidence of his fellow citizens.
Stanton Buckner was n lawyer of the old school. His strong forte was to demur to everything. He was excessively prolix and somewhat dull of apprehension, but mild and gentlemanly. On one ocension a much younger member of the bar vigorously attacked him in n ense, calling him n pettifoger. After court one of the legal I'internity, who feared that the old gentleman's feelings lund been hurt, began condoling with him, nud depre- cated the attack. " Yes," said Judge Buckner, as he was called, " It did you heur iny reply?" "No," said his friend, "what was it .? " " Why, I told him I wasn't," said the Judge, with an air implying that the retort was quite crushing. A favorite gesture of Judge Buckner was to lock the index finger of his right hnud into the little finger of the left, und move the hands muuphntienlly up and down. Whenever he assumed this utti- tudo he was rendy for extended remarks. In arguing a petty orimiunl euse before Justice Budecott hn took his favorite atti- tude and said, " I will now show your Honor that a man is pre- sumed to be innocent, until he is proved to be guilty." "The court muhinits that" said Endecott, who was n thin, bony man, and who had been wriggling in torture on n hard bench for a couple hours; "the court is with you in that, but it does not admit that there is nuy presumption that the court's bottom is male of cast iron !"
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