USA > California > Nevada County > History of Nevada County, California; with illustrations descriptive of its scenery, residences, public buildings, fine blocks, and manufactories > Part 21
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IFiram C. Hodge was county treasurer in 1851-3. He was also n. practicing attorney, and was counsel for the only man who was ever judicially hung in this county for stealing. The culprit was a half-witted fellow named Barrett. He stole a few articles of so little aggregate value that it is doubtful if his offense amounted to grund Inreeny. He was tried before the court of sessions, and sentenced by the jury to death, as the Inw then permitted, and was hanged in July, 1832. It has always been the impression among members of the bar cogni- zant. of the facts, that he should have been persuaded to plead guilty and take the imprisonment the court would have inflicted, rather than be subjected to the risk of death at a timo when juries were particularly vindictive against those who committed thefts. The poor fellow was probably entirely irresponsible for his nets.
Hon. J. T. Crenshaw served in the Senate in 1834, and
was afterwards patwaster at Nevada He was in the rebel service and was killed at Vicksburg
Hon John R Mcconnell diel last year in Colorado. He was long a member of the Nevada bar, and considered one of the most alde and learned of its members He was one of the earliest District Attorney's of the county, and subsequently Attorney General and a member of the Legislature a short time before his death, elected from los Angeles county, to which he had removed. He was very studions and fond of old and curious law. He used to wear a lare place in the carpet along the whole length of his office, where he paced up and down reading his books. His methods were always honoralde and above board, and, despite an occasional over indulgence in stimulants, he was held in general esterm.
He had as a client, Dr. W., whose litigation was often of an important character. On a trip below the doctor had borrowed $1,000 of one of the Supreme Judges. After judgment in the District Court, which was to be appealed to the Supreme Court, MeConnell said to him:
" W., I wish you would pay that $1,000. We have got to go to the Supreme Court."
" Mack," said W., "you don't know anything about human nature. If I were to pay that $1,000 the Judge would have no further interest in me."
Hon. Lorenzo Sawyer first came to Nevada in October, 1850. lle stayed about a month and went to San Francisco and engaged in law practice. After being twice burned out, he returned to Nevada in August, 1851, and practiced law here until August, 1853. He returned then to San Francisco, where he was elected ('ity Attorney. January 25, 1862, he went to Vir- ginin City. A telegram reached him there May 26, asking if he would take the bench of the Twelfth District made vacant by the resignation of Hon. A. Campbell. On his assenting the Governor telegraphed to him to come at once and stop at Sacramento for his commission. This he did, and opened his court at Redwood City June 2. This celerity was at a time when travel was hy stage, over bad roads, and, of course, far slower than at present. That fall he was nominated by both parties and elected without opposition. In 1863 the new Supreme Court was elected, under the amended Constitution. Sawyer being one of the new judges, drawing a six years' term. On the 6th of Deceuiber, 1869, President Grant sent his naque to the Senate as the first United States Circuit Judge for this coast, and he was confirmed on the 10th of January, 1870, and has served in this important office acceptably ever since.
"Tom" Freeman was here but a short time. He had a broad Missouri pronunciation. After a visit at San Francisco, the first he had ever paid to a seaport, and seeing the numerous ships in the harbor, many of the store-houses of those days
being also ships, he expressed his wonder " whar they all come from." He was the first Recorder of Nevada City, where Hoyt. was the successful "miners' candidate" for mayor, aud a board of ten allerinen aml many other uthicers enjoyed a fleeting mil ex- pensive splendor. This government tilled the gap between two legislatures when the sessions were annual. 1. Williamson was appointed to ascertain the amount of the city's delot and discovered it to be over $5,000 for about five months, and about 8750 assets This debt was never paid, as the Court of Sex- sions failed to levy n tax for that purpose. Freeman innde a good thing out of his office, as the miners supposed him to len mining recorder, and brought their notices to be recorded. Such recording was faithfully attended to, and fees charged therefor that would be considered astonishing in these slower days. The profits of his short-lived office enabled Freeman to " go home well fixed."
llon, Thomas II. Caswell was elected as the first County Judge, May 26, 1851, and subsequently reelected, holding the otlice eight years.
An incident connected with the election day inmy be non- tioned. A mining controversy existed between one Cassin und a shoemaker named Hayden. On the day in question Haydon was deliberately shot and killed by Cassin, who was tried and acquitted. He went to Eureka, now tirnniteville, and soon after killed another man in the streets of that town. The populace fell upon him with pick handles, seized from a barrel that stood by, and beat him to death.
Col. R. M. Wood was a member of the Legislature from Contra Costa county. Ile was killed as our of llenry A. Crabb's party of invasion of Sonora, Mexico,
T. G. Williams was elected City Attorney of the municipnl goverument before referred to.
Hon. W. T. Barbour was appointed the first District Judge of this district-then the 10th -and subsequently elected for a full term.
J. B. Townsend was Judge of tho Municipal Court of St. Louis, Missouri, before coming here.
Hon. W. H. Lyons was State Senator in 1852.
These are believed to be all the lawyers who came to Nevada City within the first two years of its settlement, dating from the time when it was called indifferently, " Deer Creek Dry Diggings," and "Caldwell's store." They held forth in a court room supported by posts and enclosed with red cloth. But two of them now live in the county, both at Nevada, viz, Hon. Niles Searls and John Anderson. Nearly all the others have left the State, and some are dead. In those days they were young men, full of hope and energy. The few survivors are gray-haired veterans, scarred in the battle of time. They were, however, but the advanced guard of the legal ariny, the main body of which followed close in their track.
96
HISTORY OF NEVADA COUNTY, CALIFORNIA.
In 1852 came James Churchman and C. Wilson Hill; in 1853, H. C. Gardiner, A. B. Dibble, Joseph Conn, and W. M. Stewart; in 1854, T. B. McFarland, Josiah Chandler, Bcan, Alexander Anderson, J. W. G. Smith, Geo. S. Hupp, Francis J. Dunn, C. A. Tweed, A. A. Sargent, C. J. Lansing, Johns, E. W. Roberts, and John I. Caldwell; in 1855, A. C. Niles, D. Belden, HI. I. Thornton, C. A. Johnson. During the same years, or soon after, came also James K. Byrne, W. F. Anderson, C. F. Smith, J. S. Carpenter, S. H. Chase, E. W. Mazlin, M. Kirk- patrick, M. P. O'Connor, J. C. Deuel and J. C. Palmer.
James Churchman was a brilliant and somewhat erratic man. He was a cotemporary and associate in Illinois of that famnons school of lawyers in which were numbered Abc. Lincoln, S. A. Douglas, E. F. Baker, Dick Yates, Lyman Trumbull, and others. Churchman was one of the best talkers at the Nevada bar, but not a pains-taking practitioner, and was often beaten by men far his inferiors in natural ability. He once read from the syllabus of a reported case to establish a proposition. Dunn was his antagonist, and read from the text of the case to show that it did not sustain the syllabus ; whereupon Churchman argued at lengtli that the latter, rather thau the text, was the authority. He held that, the reporter being there, and an officer of the court, would know what the court said and meant, while the text might be full of the mistakes of the printer. His Honor, Judge Scarls, did not take this view of the matter. President Lincoln gave him the appointment of Consul at Valparaiso.
A. B. Dibble, for ycars the head of the firm of Dibble & Byrne, is still a resident of Grass Valley, has been actively identified with much of the litigation of his section of the county, and is accounted an excellent jury lawyer. Although Mr. Dibble has occasionally made himself felt in politics, we believe he has never held au office. He was once nominated for Congress, on which occasion an opponent published of him, and an associate on the ticket, the following false, defamatory and exceedingly improper matter, being the refrain of a long " poem : "
" Dibble is lazy and Skinker wont work, Dibble for Congress and Skinker for Clerk; Dibble is little and Skinker is thin, Dibble is beaten and Skinker gone in."
Hon. William M. Stewart studied law in McConnell's office, aud practiced here a number of years alone and as a member of the firm of McConnell & Stewart. He is a man of energy and intelligence, as his carcer shows. He was District Attor- uey of Nevada county and State Attorney General. He removed to Nevada Statc, where he was a member of the Territorial Legislature and Constitutional Convention. He was elected to the United States Senate from that State in 1864, and again in 1869, serving in that body eleven years.
When Stewart was District Attorney, he prosecuted a man
before the Court of Sessions, who had been indicted for mayhem in biting off an ear. The trial developed that the prosecuting witness had been the aggressor, and deserved what he got. Stewart began to lose interest in the result of the case, but his interest was revived by the testimony of Dr. J. R. Coryell, who was introduced by the defense as an expert. The Doctor swore that, as the car was not quite bitten off, it being left hanging by a little skin, it would have been possible to save it. But, as the victim was a laboring man, to whom time is valu- able, they had cut it off to save the time it would take to cure it. Had it been a gentleman's ear, they would have saved it. It was usual to save gentlemen's ears, but to cut off laboring men's, to save time. Churchman, who defended, made an eloquent speech. When he had concluded, Stewart arose and said to the jury that the only question in the case was whether laboring men had a right to have ears, and sat down. The jury instantly found in the affirmative.
Hon. Thomas B. McFarland was a miner at Shelby Flat before he engaged in his profession here. He was at one time a member of the Legislature, subsequently District Judge of this district; and more recently Register of the Sacramento Land District.
Alexander Anderson was a lawyer of ability. He met his death by an explosion of the steamer Pearl on a trip from Marysville to Sacramento.
Francis J. Dunn was one of the most singular characters at this bar. He was a man of sturdy sense, somewhat uncultivated, who had picked up a fair knowledge of law, was pleasant and accommodating when sober, and opinionated and surly when in his cups. It cannot be denied that qnite a number of those who practiced at the bar freqnented somewhat assiduously the numerons saloon bars, and imbibed alcoholic spirits as readily as the Spirit of the. Laws; and these were by no means the least brilliant and able among the profession. Many anecdotes were current in the olden time concerning the convivial habits of the limbs of the law. At early morning Dunn and Buckner met at Blaze's saloon, each with a market basket on his arm. Buck- ner said to Dunn, as he took his drink, "The early bird catches the worm !" " Yes," replied Dunn, "and a good many cock- tails too."
A party of men going along the Downieville road came across a well-dressed man lying by the side of the road. They roused him and inquired, " Who are you ?" "I am Francis J. Dunn; considered, and justly considered, the best lawyer in the State of California," said the disturbed one, struggling to a perpendicular. On one occasion, in replying to an argument, Dunn said : " The remarks of counsel remind me of a quotation from a classical poet. I cannot exactly recall the name of the poet, and I have forgotten the qnotation; but, if I could repeat it, the court would see that it is à propos."
It is related that Dunn prepared his statements for the Supreme Court without much condensation or regard to method, copying all kinds of papers and orders into them. Before printed transcripts were in vogue such documents were rather confusing. It so happened that as Dunn was arguing one of his cases in the Supreme Court, Judge Murray, under some mis- take as to the facts, said to the advocate that the court did not want to hear him any further; but, some time after, decided the case against him. Dunn soon had another case before the same tribunal, and commenced reading his interminable tran- script, with motions, orders and evidence set out at appalling length. "State your case, Mr. Dunn," said Jndge Murray; "it is not necessary to read the whole record." "No you don't, may it please your honors," said Dunn, " the Supreme Court told me that once before, and then decided the case against mc. I am going to read this record and make the court understand me." This counsel did, to the horror of the court, which had then no limit for time, and the reading and argument occupied three days of the time of the court. It was not long thereafter that the Supreme Court fixed a limit to the length of counsels' speeches.
George S. Hupp has been a member of the Nevada bar for many years, his service having been interrupted only by a short residence in the State of Nevada.
Hon. Charles A. Tweed has since been a United States Judge in Arizona.
Hon. Aaron A. Sargent camc to Nevada city in 1850. While publishing the Nevada Journal he studied law and was admitted to the bar in 1854. He has served one term as District Attorney, six years in the House, and six in the Senate, at Washington.
Hon. C. J. Lansing served in the Senate in 1859.
Hon. Edward W. Roberts is a Rough and Ready and Grass Valley lawyer of long standing, and served a short time as County Jndge by appointment, and a term as State Senator in 1863.
John I. Caldwell has constantly practiced at this bar since 1854.
Hon. Addison C. Niles has served as Connty Judge of Nevada county, and on the Supreme bench of the State. His term on the latter closed with the adoption of the new Constitution, and he has returned to practice at Nevada.
Hon. David Belden was a popular member of the Nevada bar. He was elected Connty Judge by one majority over H. M. Moore, a present Sand Lot orator, and subsequently was a State Senator from this county. He removed to Santa Clara connty, where he was elected District Judge, and is the present Superior Judge of that county. He is noted as a wit and orator as well as lawyer, As illustrating his hnmor and inde- ! pendence we give a 4th of July address delivered by him in
000
PUBLISHED BY THOMPSON & WEST.
C. L. SMITH &. CO. LIHT OAKLAND CAL.
RESIDENCE OF WILLIAM CAMPBELL, GRASS VALLEY, NEVADA CO CAL.
97
HISTORY OF NEVADA COUNTY CALIFORNIA.
1857. A loslesque celebration of the day was attempted by a portion of the citizens of Nevada. A procession in which figured mock Chinamen, Mrs. Partington, sobliers armnel with wooden swords, with tin buttons and paulette, and other grotesque figures, paraded the streets, and halten at a stand erected in front of Harrington & l'atterson's saloon on Broad street. Here the declaration of independence was real by George S. Hupp, when the orator of the day was introduced and spoke as follows:
"Gentlemen of the Windy Guards and Fellow Citizens. When in the course of human events it becomes necessary for a speaker to address an audience of this description, a decent respect for the opinions of mankind and a proper regard for his own character, require that those causes which place him in this position should be laid before the community.
"Opposing to the best of my abilities the demonstration of this day, und contesting rach measure whose object was an exhibition of this character, I have only to assure this audi- once that there exists between myself and these masqueraders no community of ferling, no sympathy of sentiment, and I shall sublross myself briefly to those gentlemen who have forced me upon the community as the orator of this ocension.
"Gentlemen of the Windy Guards: Eighty-one years since, upon the day which we now commemorate, our revolutionary ancestors pledged for their freedom and ours, their lives, their fortunes and their sacred honors. In this our celebration of that ovent prudence would not permit us, if called upon, to peril our valuable lives-our fortunes are laid up where neither moth, rust, nor revolutions enn change them; but the little that is ours, our snered honor, we have this day sacrificed with a prodigality worthy of a better cause. It was but little; but like the widow's mite, it was our all. [Groms and demonstra- tions of dissatisfaction by the Guards. ]
"Gentlemen, it is meet and proper that you should groan. Good cause has the community to groan with you and for you. Upon an ocension when you should feel like patriots and act like men, you have disguised yourselves as mountebanks and neted as fools. [Groans by the Guards and cheers by the outsiders.] You have detiled these streets, and through these streets, prostituting yourselves in an exhibition disgraceful to you ns men, snerilegious to you as Americans. [Renewed gronning, cheering nud confusion.] You have in your feeble effort to desecente a day sacred and venerable from the associ- tions of the past, and our untional landmark for the future, embalmed yourselves in merited ridicule nud contempt. [Great confusion. The Windy Guards shoulder arms, call for music nud march off groaning.]"
After the turnit had subsided, the speaker proceeded :-
" It is not surprising that men who have so little respect for themselves, or for this dny, shoukl interrupt their speaker.
They have furnish ] another argument in support of the Hindloo religion and gone beyond the doctrines of the Brahmin- They have shown In that the lisolution of the body is not necessary to the transmigration of the soul; but that while in the boxly, spirits can a mur the animal forms to which their instincts incline them. But, gentlemen, as those whose special orator I am have left. I shall not intliet un you what was designed for their special editication, but, in a few words, excuse myself to you."
Here the speaker spoke of the reverence due to the day. If it could not be celebrated in a proper manner, it should not be lorlesquel. Exhibitions of the character just seen are indica. tions of degeneracy. "We can," he said, "make ourselves objects of pity to some, contempt to others, and ridicule to all ; but the day itself, with its mighty memories, is safe and sacred in the history of the past. We may widen the gulf which separates us from the past ; but we cannot cross to pollute it."
Three cheers were given to the orator at the conclusion of his stirring address. The Windy Guards at first did a little quiet cursing, but finally joined in the laugh at their own expense.
We will give another specimen of Judge Beklen's sustained humor further on.
Hon. Henry I. Thornton served one term as State Senator from Sierra county, to which place he removed on leaving Nevada. Hon. M. Kirkpatrick was also a Sierra county Sen- ator; and Hon. S. H. Chase served Nevada county in that capacity in 1856, and Ilon. M. P. O'Connor in 1876.
William F. Anderson and Edward W. Mazlin have served in the office of District Attorney. The last named was first Clerk of the State Board of Equalization and afterwards private secretary of Governor William Irwin. He has just been nppointed again clerk of the Board. Of these gentlemen only Dibble, Hupp, Roberts, Caldwell, and Niles now are members of this bar.
Other lawyers have since, from time to time, added their weight to the Nevada bar. Those who have already been named and the following are believed to be a complete list of those who have ever been its members :-
John Callwell,* William H. Martin, George W. Yant, F. W. Thayer, George L. Waters, George B. Tingley, Henry Meredith, D. W. Perley, S. W. Fletcher, Thomas P. Hawley, John Garber, Henry L. Joachimssen, Theodore F. Miller, Heard, Thomas ! B. Reardon, Maveellus S. Deal, O. P. Stidger," Edward H. Gay- lord,* Joseph Kutz, Loring W. Williams, William W. Cross, J. B. Johnson,* Cornelius Taylor,* John D. Clark, J. M. Wal- ling," Charles W. Kitts," D. J. Crowley, W. D. Long,* Fred Searls,* C. W. Cross," H. V. Reardon," P. F. Simonds," John T. Shurtleff,* J. J. Weisenburger," A. J. Ridge," A. Burrows,*
James A Stiger and \' F. Metilashan." These marked with an asterisk are still living and practicing in the county.
Hlon. John Caldwell is here noted as a member of the bar of his own court He served as District Attorney, and was the last County Judge. He is the present Superior Judge of the connty.
Martin & Vant were a tirm that walked in the humbler paths of the profesion. The former was from the "Sunny South," the latter hailed from thio, and retained a full share of the idioms of the Buckeye State. During one of those depresions to which all mining communities are subject, not. Wwing overburdened with business, they coneluded to try their hand at quartz mining. The mining enterprise, however, was soon abandoned, and Martin's explanation of the enuse, and theory of the legal rights of the respective parties, are given, as related by Judge B., to whom they were confided : "I'll tell you all about it," said M. "1 stood more from V. than any man ever did from another since Hall surrendered ut. Detroit; but there were some things flesh and blond couldn't. stand. I wanted to get along, for I liked V., and didn't timul any fault when he munde mne ent the wood, and do the cooking. and wash the dishes, and when he put me in nfl the menn places in the mine; and I stood his drinking nfl the whisky and swearing that I had done it; and I let him eat potatoes and milk, and mustard on water melon, and sugar on his lwans, and molasses on his pork; but when he would call it ' them molasses,' that was too much! I couldn't stand that, and 1 wouldn't. I told Y. he'd got to quit that infernal 'them' or it would bust the firm; and it did it. I was right about that, B., old boy! That sort of conduct would bust out any firm in the world. There's no foolishness about this. I've forn looking up the law. Old Story's full of it; fall as a good. Ho says no man has a right to use such language to his partner; that the court will enjoin him and appoint a receiver. He says that's where the chancellor gets his work in. That's the glory of our equity system. When it finds a fellow saying ' them molasses' to his partner, it just sets down on him."
Jlon. George B. Tingley had been a Senator from San Fran- cisco for a number of years before he became a member of this bar. He was a better Senator than lawyer.
Henry Meredith removed to Virginia City, and was killed in a fight with Indians at Pyramid lake, in 1860.
D. W. Perley had some notoriety from his connection with the difficulty at the breakfast table of the International Hotel at San Francisco, which resulted in a duel between Senator D. C. Broderick and Judge D. S. Terry, and the regretted death of the former.
S. W. Fletcher was at one time District Attorney. He was an amiable young man, generally liked, of some promise, and was burned to death in the great fire at Nevada City, of July
98
HISTORY OF NEVADA COUNTY. CALIFORNIA.
19, 1856. The pioneer brick building of Nevada was tyit in 1853, by Hamlet Davis, on the ate of the pr nt Brown block, on the corner of Fine and Broad streets and was ap- freneed to be fire proof When the the broke out young Fletcher, who had an office in the lantlinz. A J Hagan a banker in the Imildling, u nephew of Mr. Davis, Jay John m a former County Surveyor, T. Ellard Bean , and W B Pearson, a printer, under- took to close the iron shutters of the building and make their ceny So rapid was the tire that retreat from the front was found imposible and the lowest rear aperture was a window, two stories high. Beans jumped from this window on to a sled, und is to day alive, a prop rous citizen of San dow. Il. rolled for Fletcher, who was standing in the window, to follow The leap was rather hazardous, and Fletcher turned back and cloud the shutter. The renmining inunter evidently believed that they were safe in the laikding, which, however, turned to the ground When the fire was over, the ladies were found with the faces to a drain in the cellar, to which they had evi- dently been driven to get a breath of nir.
Hon. Thoms P. Huwley wus County Clerk and Distriet Attorney of the county, und is now Supreme Judge in the State of Nevada. The Intter office has lxen held by . Hon. John Cnrber.
Henry la donchimsen is, and has been for several terms, a Justice of the Pence in San Francisco.
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