USA > California > Nevada County > History of Nevada County, California; with illustrations descriptive of its scenery, residences, public buildings, fine blocks, and manufactories > Part 22
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Hon, Thomas B. Reardon was the last District Judge of this district.
M. S. Dent served us District Attorney.
E. Il. tinylord has been a member of the Legislature, and has served several terms as District Attorney, now holding the office.
Hon. Joseph Kutz was once State Senator.
Hon. William W. tross studied law in McConnell's othee and practiced here for awhile. He removed to Visalia, and is tho Superior Judge of Kern county.
With the able array of counsel in 1850-51, there was a laek of judicial tribunals having jurisdiction of higher offenses. The territory now known as Nevada county was, until near the middle of 1831, n part of Yuba county, and Marysville was the county sent. The great ditlienlty and cost of trials at such n distance, and n certain lack of confidence in the judicial authorities at the county seat, occasioned a tendency toward lynch trials A memorable trinh of this character took place nt. Novadn City, in April. 1851, wherein three men, named Allen, Miller and Ridgely, were tried for stealing 82,600 in gold dust from J. Chambers' butcher shop on Broad street, found guilty and publicly whipped. Ridgely was employed in the shop and originated the robbery. Allen was the son of a respectable mnu in Ohio, n gentleman by edueatiou, who had served with credit as an officer in the Mexican war. He had
renty b-t all his m . in gambling, tried to drown his forr w in drink and in this condition listened to the tempta- un of Rilply Miller was a drunken fellow, in the employ of Pell's circus, then exhibiting at Nevada. The lynch trial was held in the rear of the site of the present National Hotel At the place were avental a conside ralde company of bearded, roughlooking men, wearing felt hats, long lots and red flannel shirts, who seemed seriously in earnest in the Marines at hand. The proceedings were orderly and even solemn. A president was chosen and a committee of safety. The president took a stump and explained the object of the meeting. Three inen now in the Sheriff's hands, under commitment for Marys- ville, were believed to have robbed a store in town of a lot of gold dust. To let thein go to Marysville was to let them go unpunished. No one would provente them there or care whether or not they were fimished. The people here could give them a fair trial and owed it to the community to sce that there was retribution for such erimes. He suggested that they selvet a Sheriff, who should demand possession of the prisoners. One, Augustus Hall, was made Sheriff, and started with a posse for the prisoners, He shortly returned with them, having, by the use of gentle force, overcome the resistance of the lawful oflierrs. The prisoners were seated inside a ring elcared for them, surrounded by their guards. A judge was ehosen, after a mimber of gentlemen seleeted had declined, and also a jury of six. Counsel was also selceted for the proseen- tion and defense, and money was raised on the spot to pay for their services-one hundred dollars cach. Witnesses pro and con testified, and the trial lasted two days, resulting in a ver- diet of guilty and a sentence to thirty-nine lashes. Allen confessed his guilt and one of the others gave up his share of the phinder. The punishment of these two was somewhat reduced. The penalty was inflieted next morning on a hill southeast of the town, the stripes being so well laid on by "Buteher Bill " and a teamster, that the men lay eurled up when it was over at the foot of the tree to which they had been bound. They were compelled to leave town almost imme- diately. Ridgely was reported to have died from his terrible punishment. This example discouraged larceny for months, and it is remembered that thereafter miners eould leave their gold with impunity in their eabins, and even in their sluiee boxes.
As late as September, 1855, a man, probably innocent of any offense, eame near being hanged by mob law at Grass Valley. A serious fire, supposed to have been the result of incendiarisni, had burned up a large part of the town, and Frank Foster had been employed by the citizens as private night watchman to keep a lookout for similar attempts. During his rounds he saw a man near an unfinished building striking a match and | immediately arrested him. The man was an illy-dressed
stranger, who declared he only intended to light his pipe. But publie excitement was great, recent losses had been severe, and circumstanees that in calmer times would not have excited even suspicion, now scemed confirmation strong as holy writ. He was nbont to be taken to the county seat, when the mnob seized him and were about to hang him to n tree, when J. M. Fouse, a Justice of the Peace, W. Banks, a constable, and Low. Sowers, a popular citizen, made law and order speeches, begged the people not to disgrace the town, plead that there was no cer- tainty of the man's guilt and he should have a legal trial, and . deprecated the commission of an act that the doers might regret to their last moment. On this urgent showing the mob let the prisoner go, and he made off, followed, however, by the crowd, when one Osborne enlled a halt and urged the hanging of the prisoner. He spoke of the danger of the town; said it was no use to have the county authorities try him, for he would be acquitted. He said Nevada had hanged a man but Grass Valley never had, and it was nceessary to hang one in Grass Valley, so that cach town might have a wholesome example. As there was considerable rivalry between the towns referred to, this argument was convineing, and the mob rushed again for the victim. He was, however, run off through a narrow alley by some of the cool-headed oncs, was taken to the county seat, tried and acquitted, as there was no real evidence against himn.
A very striking illustration of the danger of mistake from mob law was furnished at Rough and Ready in the Spring of 1851. W. M. Stewart and Jack Watson rode into town one day on horseback, when they saw a man being led by a mob. The man was stripped naked except the pantaloons. " Hallo," said Watsou to Stewart, "what are they doing that for ? I bet that is an innocent man. Dare you go into that mob ?" Stewart, without stopping to think, said "Yes." They dis- mounted from their horses and ran into the erowd, with pistols drawn, calling out "There is a mistake! You have got the wrong man !" The mob were passing under a new building, on which there was no roof, but the sides were up and eross stringers, with some boards on them, and a ladder reaching to this platform. Stewart called out " Take him up the ladder," and the crowd, swayed by this seeming authoritative inter- ference, obeyed. " Now choose a committee and try him," directed Stewart. A committee of six was chosen, when Stewart told the man to make his statement. The man related that he was on his way from Sonoma county to Nevada City to engage in saw milling; that he came into town the night before and put up at a hotel; that, besides some small amount of other money, he had in his pocket $300 in Mexican doubloons, which his accuser, who occupied the same room, saw and charged him with stealing from the latter; that he had left his partner, Taylor, in Sonoma county. " What cvidence have
RESIDENCE OF G. HAMILTON
HAMILTON HALL
ICE CREAM
HALL
TITT
RICHAR
111
ON
SAT
JULY
31 ST
PUBLISHED BY THOMPSON A WEST.
HAMILTON HALL. PROPERTY OF G.HAMILTON, GRASS VALLEY, NEVADA CO CAL.
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HISTORY OF NEVADA COUNTY CALIFORNIA.
you of the truth of this ?" asked Stewart. " There is a letter in iny coat pocket from my partner." The coat had been loft in his room at the hotel. It was found, and in it a letter from his partner Taylor asking him to go to Novala and learn all be could about the opening for sow miling business, stating that he lind deposited 8300 to his credit at Brumagim's bank, and explaining the whole transaction Before the reading of the. letter was concluded everybody was satisfied of the truth of the story and the innocener of the aconsel. As it was about finished a man was seen inoning bastily down the street. "There goes the d d scoundrel," cried the mob, ruching after the accuser, who dashed off on his mude for his life. He was followed a long way towards Deer creek by the excited crowd; his mule, which he had abandoned, was Found, but he escaped. The man who was saved from hanging by the good instincts und courage of Watson and Stewart, was Owen of the firm of Taylor & Owen, saw mill mnen for years therenfter on Gold Run.
The jurisdiction of Justices of the Peace in 1850-51, who were then the only judicial otheers known in these diggings, was a little shadowy, or very substantial, as the reader pleases ; and some lawyers, in those days, certainly not in these, did not have supreme reverence for the tenth commandment. Witness the following incidents. Three or four miners had taken up a set of claims on Buckeye Hill, and began a tunnel to reach the supposed lead. A party of lawyers in town either had a prior claim, or thought the elaims desirable, and came to the ground where the miners were at work and demanded possession. This was promptly refused, when the legal gentlemen raised a crowd hills. The dirt was hnuled in carts to Deer creek, where it> in town, and returned to effeet their purpose by force. In
The legal profession and forms, however, were only set aside in such criminal cases. Civil suits gave lawyers enough employment, With the array of talent and youthful vigor in the profession in the early days, with vague statutes and novel surroundings, with perplexing questions that it took a dozen yours to solve and some of which are yet debated, with an enger, crowding population, and the flushest of times, it is no wonder that work was soon und abundantly found for lawyers. A vigorous law suit arose out of a contested claim on the "('yote land" at. the threshold of settlement here. At nu early day this lend, lying just back of Nevada City, had been traced by miners from a ravine into the range of low-lying hills, and proved to lie of extraordinary rielmess. In 1850-31 the whole Hill surface between Buckeye and Lost Hills was dotted with small claims, which were vigorously worked by means of what were called " Coyote holes," the earth being drifted out and hoisted by n windlass to the surface." With the wasto dirt piled around the mouth of the pits, and the small crowd of workers to each, they looked like highly animated aut was washed in "long-toms." One of the richest of these claims was known as the " French claims," and was on Buckeye Hill, owned and worked by J. Figuière. now in the San Francisco post office, A. Isonrd, still living at Nevada, Pierre Dreydemie, Joseph Durand, R. Mathieu and one Mayet, all Frenchmen, of whom only Figuière could speak English. From this claim as high as $912 per pan was taken out. This. exceeding richness tempted certain persons, among whom were two lawyers, namely, Hiram C. Hodge and T. G. Williams, who had acting with them T. W. Colburn, his brother Charles, T. Robson and Thomas Barton. These individuals coveted the possession of the lucky owners, and, in September, 1850, proceeded to the
clains and bananded an inspection of the receipt for foreign miner' license. 220 per month each, then exactoal by the State The Frenchunen had none to show which were fresher than two months ohl They producel th , which they had, which were signed by Richardson, tax collector, who was afterwards killed by L'ora at San Francisn. The II alge party objected that the licenses had expired and the Frenchmen had no right to the ground, and said they would take it as first claimants after forfeitore In vain Figuiers protested that it was not their fault if the tax was not paid: that the tax collector had not since been round; that they were ready to pay the money to any one entitled to receive it ; the new claimants thought they lind a good thing, and meant to keep it. They forbade any further working of the mine, or carting its dirt, and assumed to take pression. The French Company thereupon employed Niles Seark and E. F. W. Ellis to commence suit for them, which was brought before Justice Edwards. The suit was tried before a jury of six men, J. N. Turner, affectionately remembered as " Nick," bring foreman. On the trial Barton swore that the defendants had stood by and seen the French- wen take ont gold by the bucketful, and they " wanted a slice." lle said they thought the foreigners had had enough of it, and it was time for American citizens to have a show. The case was tiercely contested and excited a great deal of interest. The jury found for the Frenehmen, and the public ratified the verdict with great unanimity.
those days the average age of the citizen was abont twenty- five, and it was not difficult to get up a crowd for any purpose. There was a good deal of recklessness, but withal fairness, too, in popular movements. The warlike crowd, ostentatiously armed, came surging on to the ground, and half a dozen cager spokesmen demanded possession in the name of the allegedl owners, and began throwing the tools off the claim. There- upon a young miner, belonging to the assailed party, asked to be heard before further violence; for, he declared, if his party were not in the right they did not want the ground, and if they were they proposed to die on it. "That's right ! let's hear him " shonted the crowd. Thereupon the young red-shirt
gave a history of the location of the ground by his party, and clearly exposed the want of right of their antagonists, am appealed for fair play. The appeal was so effectund that the crowd turned back to town, in spite of the efforts of those who had induced them to come, leaving the orator and his partners undisturlast. But it would be disrespectful to the legal pro- fession to suppose that such a relat as this exhausted it's resources. The next move in the game was an injunction, issued out of a justice court, to restrain the defendants, their agents and employees, from further mining on and claims, or extracting any gold therefrom. A trial followed, wherein the justice, bring duly prompted, held that, as it was " a proceed ing in equity," no jury could be allowed to the defendants; and he found them " guilty of unlawful detainer," and tined thew " five hundred dollars for a breach of the pence," mul the injunction was made perpetual. The only satisfaction the defendants got for this miscellaneous legal and judicial pelting. was to notice afterwards that the lawyers spent thousands of dollars in running a tunnel into the claims, and never got u color of gold to compensate them. Their virtue was its mily reward.
Jacob MI. Fonse, Justice of the Peace at. Grass Valley, issued an injunction in 1852-3 to restrain certain porties From work- ing a mine at Pike Flat. He said the plaintiff's ought to have protection, and his court was there to give it, and he did not. meau to allow a failure of justice if he could help it.
A remarkable instance occurs to ns of the important cases thint were tried in Justices' courts in early days. E. W. Roberts was a Justice of the Peace in Rough and Ready township in 1851. In the spring of that year a case was tried before him involving the possession of a mining clain on Lawlers' Bur, valued at $100,000. Jurisdiction was given to Justices in those days by statute in disputes in regard to mining claims, no matter what their value; the theory of the statute being that it was the possession, not the fee, of land, which was in dispute. A formidable array of counsel appeared in the case, being no loss thian Lorenzo Sawyer, Stanton Bnekner, Tom Freemann, N. K. Whitesides, of Yuba, Si. Brown and Tom Bowers. The trial lasted three days and resulted in a disagreement of the jury. A new trial was commenced the next day and lasted ten days, during which forty witnesses were examined, the jury reuder- ing a verdict on the eleventh day. The defendants paid a bill of costs of $1,992 in gold dust, at $16 per ounce.
A case of the infliction of whipping as a punishment of theft by sentence of a court took place at Nevada City in 1852. A man gral,bed a lot of money from a gaming table in Barker's Exchange on Main street. He was caught, tried before a Justice, and sentenced to receive twenty lashes, under a law that then permitted that punishinent. He was taken to the lot
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HISTORY OF NEVADA COUNTY. CALIFORNIA.
on which the court hour stands, strip I and the I to a pine tre, wird whipped lay Bill Wilson the Deputy Sheriff
A curious criminal ras. was examined lafor Justice J.In Anderen in 1852 A public woman popular y known as "(1) Harriet," keptas alon on Broad street, overclocking Dar ies k She had a man, who kept lar for Jar, and del any necessary fighting Opposite ler & tabli lineut was a dance hore A man named Pat Berry was mining on the oppo ite ile of Deer creek, at. Gold Run. Owing to a recent fre het there were no bridges at the foot of the town, but a tres had been there of limbs and follow were it, over which foot passengers made their way. The stream was till high, und raged among the naked boulders and løg , which were then innocent of tailings Un Saturday Berry came over to town, living made some money during the week, and rigged himself out with an entire new onttit shirt, pants, boots, necktie, and even new lalt and tackle. He mont the evening until late at the dance hons. and then went over to old Harriet's place, which was the list ever seen of him alive In the course of the night a minu in the neighborhood heard what he took to be a ery of " murder," but. he may have been mistaken. Two or three days after, about six miles below Nevada, in an eddy in the ereck, Berry's Joly was found, completely naked. On the forceload was a large, extravasated wound, the blood discoloration proving that this wound was given while the person was alive. Finding him in this condition lol to search for previous traces of him; und it was discovered that he had passed the evening at the dance house, and then gone to Old Harriet's, where all further trace of him was lost. Harriet and her tighting man were urrested and elirged before the Justice with murder. Mel'on- uell proscented and Sawyer defended. The examination lasted several days, The prosecution proved that Berry had money, trneed his movements the night of his death, as herein stated, showed that the wound on his head must have been given while he was alive, and that it was made with some round, Idunt weapon; that there was a pair of scales on oll Harriet's counter, and a large weight, which would produce such a wound; the condition of the body, with a new, strong suit of clothes entirely missing; which, it was contended, it was impossible could be torn off' by the stream, or at least, without greatly marring the body, which was intact, except the death wound on the head. "The cry of murder was also proven, leav- ing a close knitted theory by the prosecution, well-sustained by cireminstances, that Berry had been murdered and stripped at Old Harriet's nud thrown over into the ercek. On the other hand it was shown that Berry lived at Goll Run; that he was somewhat intoxicated ; that he had a narrow log to walk in the dark. It was contended that he must have pitched off' and struck his head on a rock, which would account for the extravasation of the blood, there being time for it to flow
læfre tle drowning. A- to the miss'ng clothes it was argued. though with I confidence that they had been stripped off by the water, rocks andl log -.
The car was a puzzling that the Justice took it under ali ment for several days. While he was considering it tw, men walkel the log in company, when one of them pitched off and di ppearel. Everybody turned out to find the body, but the warch was unsurecessful for several days, when it was found in the eddy below the town from which Berry's body was taken. The head of the new victim was marked with the same kind of extravasated wound as that of the first one, Int there were no other wounds on the body, and all his clothes Were gone except the shirt, which was turned inside out and kung at the wrist. The case was at once reopened and this evidence of what might happen was submitted. When she heard the new testimony old Harriet exclaimed: " The Lord has intervened to save an innocent woman" Of course the neense I went free.
The flood referred to, which swept away the bridges in 1852, carried off' as well a theater and other buildings which were Imilt over the water. The owner of this theater had not found it a paying speculation, or Ind undertaken a work beyond his menus, for he had left his mechanics and material men unpaid. These had put a minber of mechanics' liens on the property, and there were, besides, several mortgages npou it. One dny there was a trial in progress before County Judge C'aswell to determine the priority of liens. While the court was so engaged there was a great commotion outside, when the court and lawyers all rushed out to see what was the matter. The creek was in full sight from the : treet in front of the court room, and it was observed that the raging waters had knocked the props from under the theater, and it leaned over the water at an angle of forty-five degrees. "There," said Sawyer, who was in the ease, " there is a lean that will take precedence of us all " Pretty soon the theater went crashing down the creek over the rocks, and disappeared in the foaming waters. 'The interest in the lien ease was visibly diminished.
In the summer of 1852 Rev. Adam Bland was pastor of the Methodist church at Nevada City. He was a zealous man, not remarkable for great gifts as a preacher, but popular and acceptable for his earnestness and sincerity. Among the con- stant attendants on his ministrations was Mrs. Miller, who was much more devoted to the services of the sanctuary than her husband, who preferred to pass the Sabbath at poker and other sportive games. One Sunday Mr. Bland took occasion to dis- course against those men who negleet gospel ministrations for the gaming table, and let their wives attend church alone. He spoke with such particularity that everybody recognized to whom he referred. This came to Miller's ears, who took occasion to meet Mr. Bland near his church, then standing
where the oldl graveyard now is, and to give him a thrashing. Mr. Bland was a muscular Christian, and it so resulted that Miller was the one thrashed, and that soundly, though Mr. Bland always insisted that he only shook him against the ground. Getting the worst of the encounter, Miller complained before " Zeke " Dougherty, an vecentric Justiec of the Peace, that the preacher had committed assault and battery upon him. " Old Z-ke," as he was ealled, was a noted character. He was a shrewd old man, of limited education, honest and wilful, with a shrill voice and brusque manner, and an outspoken tislike of shams, The court room, when the case eame on, was erowdel. A good many Indies of the preacher's congregation, as well as his brethren of the church, were present, and a general attend- ance of the wicked, all these glorying in the fighting parson, but ready to enjoy fun at anybody's expense. When the ease was called for trial, McConnell, who was then District Attorney, did not appear to prosecute. "Mr. Sheriff," said the Justiec, " eall- Mr. McConnell. Somebody has got to prosceute this man, --- or I'll let the d-dl prisoner go!" After repeated ealls the District Attorney reluctantly appeared, and the facts were developed. The learned Justice summed up the case as follows: " I think this was a fair fight. Miller commeneed it, and got a good licking. It was good enough for him. The prisoner is discharged." The decision was received with smiling approval by the ladies, and with hilarious applause by the ungodly, who speedily indulged in drinks all round, in which the Judge was indueed to share.
In 1854 Niles Searls was nominated for District Attorney by the Democrats and C. Wilson Hill by the Whigs. . A couple of fellows had stolen some horses on the Yuba above Washington, and were arrested and brought to Nevada for preliminary examination, before Justiec Dougherty. The stolen horses were found in their possession. The boys, Democrats and Whigs, agreed that Searls should prosecute and Hill defend, as a trial of their quality, and their fitness to be elected Distriet Attor- ney; and it was so arranged that they were appointed for these duties by the court, which was not, however, in the secret of the arrangement. An immense erowd filled the court room, the respective political parties confident in their champions. Searls introduced his evidence, and made out a clear, clean ease of stealing. Hill ealled several witnesses and had them sworn. The first question he asked was if the witness had known the defendants in Providence, Rhode Island, and what their character was for honesty there. "What do you expect to prove by that?" demanded the Justice. " The prisoners' good character," replied Hill. "Good character!" squealed out old Zeke. "Good character! when they were found with the stolen property in their possession! Good character, when they are proved to be d-d thieves! They are committed: Sheriff, take them to jail." Hill had no chance to show his skill in
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