USA > California > Placer County > History of Placer county, California > Part 73
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In the Judicial campaign of 1875, James E. Hale was the Republican, and T. B. Reardan, of Nevada County. was the Democratic nominee for the office of District Judge of the Fourteenth Judicial District, comprising the counties of Placer and Nevada. In Placer County Ilale received a majority of 148, but the majority in Nevada for Reardan was 267, thus securing his election.
A Constitutional Convention was called to meet in 1878 to form a new Constitution for California. Each Congressional District was entitled to eight delegates
to the convention, to be selected and voted for by the State at large. The different parties combined to nominate a non-partisan ticket to counteract the influence of the Workingmen's Party, which was looked upon as a party of impracticable ideas. James E. Hale was nominated as a Non-Partizan, and was elected a delegate at large to the Conven . tion. The session continued 157 days and formed the Constitution, which was adopted by a vote of the people, May 7, 1879.
A writer for the Foothill Tidings making pen por- traits of the members of the Constitutional Conven- tion says :-
Judge Hale, of Placer, is the Nestor of the Con- vention. Full of the conserved wisdom of the past, he has only to open his mouth to evolve speech as by machine work. Even the jerks of his hands, the pivoting and sweep of his venerable head seem automatic. The wiry gray bair upon his rounded poll stands out as if electrified, and he were insula- ted upon a glass stool. The spectacles upon his eyes give him the drowsy look of that oracular bird which is deemed to attend upon the patron goddess of our State, whose effigy surmounts our rostrum. Hale sits down as if he were an old Dutch clock ready to be wound up again. He is a living witness to the "conservation of force." But there beats not an honester heart within an old drab coat than that of Hale's. " God's blessing on his frosty pow."
The new Constitution required an election of all State officers in 1879. among which were six Asso- ciate Justices of the Supreme Court. Judge Hale was one of the candidates nominated by the Repub- licans. In this campaign he was unsuccessful, being defeated by a combination of Democrats and Work- ingmen. The following year he was again in the field as candidate for the Assembly from Placer. In this he was successful, serving the term with dis- tinetion to himself' and usefulness to the State and his county.
Judge Hale was, while on a leive of absence vis- iting the East, married July 23, 1856. in Knox County, Illinois, to Miss Mary Hart Pierce. a native of Smithfield, Pennsylvania. Immediately after the marriage he returned with his bride to California. Two children were the fruits of this marriage, both dying young. The sad notices of their death read- ing, that Clayton Douglas, only son of J. E. and Mary H. Pierce IIale, died October, 7, 1863, aged two years, four months and twenty-two days. Another soon following, says: Died at Auburn. December 5. 1863, of searlet fever, Nellie Pieree, only child of James E. and Mary H. P. lale, aged six years.
THE BENCH AND BAR.
Before the organization of Placer County, in 1851, litigation was nearly all carried on in the Justices' Courts.
In 1849 Gordon N. Mott and l'. W. Thomas set- tled in Auburn, and mingled mining and law practice together. Otis L. Bridges commenced the practice at Auburn early in 1850. James S. Christy, II. O.
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CHURCH, BENCH, AND BAR.
Ryerson, and R. D. Hopkins also commeneed the practice in the latter part of 1850. Christy had first located at Illinoistown, and C. A. Tuttle was located at Bird's Valley. It must not be supposed that practice supported all these lawyers, but min- ing and law together engaged their attention. Nearly all cases were tried before a jury. The cur- reney was gold-dust by the ounce. Many humorous and some exciting scenes took place in the courts.
A teamster had hauled a load of goods with oxen to Spanish Corral, where Ophir now is, early in 1850. He was taken sick and called a physician from Auburn. The physician visited him five times, but on the last visit took his gold scales and demanded his pay, six ounees for each visit. The teamster gave him sixteen ounces. The doctor returned to Auburn and attached the teamster's cattle for the remainder of his fee. Mott was for the defense. The jury found that as the doctor had taken his gold seales on the last visit he went as a collector and not as a doctor, and that he was also exorbitant in his charges, and made him refund one ounce to the teamster and pay his own costs. It would not have been safe for the doctor to have refused to comply with the verdiet. Mott remained at Auburn till 1853, and then removed to Marysville. He was afterwards one of the Judges in Nevada Territory, and also a Member of Congress from that Territory. Bridges had been Attorney-General of the State of Maine. He was proud of this distinction, and was continually alluding to it. Thomas was humorous and loved to draw out Bridges on this matter, and then ridicule him. Bridges left Auburn in the latter part of 1852. James E. Hale was at Millertown in 1850, but in 1851 went to Yankee Jim's and com- menced practice there. Hugh Fitzsimmons settled in Auburn in the latter part of 1850. In 1851 he was elected County Judge. He was a native of New York and was a cultivated gentleman. B. F. Myres also came to Auburn in 1851.
In 1852 Myres and Ryerson were on opposite sides of a case before Jordan, Justice. Some lan- guage deemed insulting passed, and the attorneys engaged in a fight. While the battle raged Ryer- son's client moved the Justice to adjourn the court, and Myres' client objected. The Justice failed to decide the motion and the trial proceeded.
Ryerson was a native of New Jersey and a man of fine education, and a well-read lawyer. IIe returned to New Jersey in 1855. His brother has been one of the Supreme Judges of that State. Myres possessed a keen and analytical mind. The two were generally pitted against each other in 1852-53. In the upper part of the county, M. E. Mills had also settled at Yankee Jim's in 1852, and C. J. Hillyer had located at Iowa Hill in 1853. 1n eases brought there Mills, Hale, Hillyer and Tuttle were employed. These suits often involved mining property of many thousand dollars in value. Christy was a native of Illinois, a well-read lawyer and a
man of fine literary taste. He was passionately fond of novels, often reading the entire night. He died at Auburn in 1853. Hopkins was a native of Maryland. He was elected District Attorney in 1851, and held the office for several years. He now resides in San Francisco. Mills was a man of fair ability, but a man of an infinite fund of words. He would consume hours in argument, drawing fine dis- tinctions on points of law, which it was sometimes difficult for the Court to comprehend. He was Dis- trict Attorney in 1854-55, and died at Auburn in 1858, a victim of the intoxicating bowl.
Thomas was a native of Maryland, but came to California from New York City. He was proud and impetuous in his tempera nent. He had been admit- ted to the bar in New York. He spent most of his time in conversation in the saloons and on the streets, read but little, and depended on absorbing his law during the session of the courts. His large acquaint- ance gave him a good practice. He was by nature a politician, and in a political controversy was bitter. In a speech which he made during the election of 1854 he denounced a certain gentleman as a gam- bler. Dr. Dickson was the bearer of a message from the gentleman to Thomas. The latter refused to receive it because the sender was not a gentleman. Dickson then sent a peremptory challenge to Thomas, which was accepted. He killed Diekson at the first fire. Dickson was a native of Mississippi, and a refined and educated gentleman. The affair east a shade over Thomas' subsequent life. He became District Attorney, and then a Senator, and died at Auburn in 187-, broken in purse and spirit. After 1854, owing to a decision of the Supreme Court, limiting Justices' jurisdiction, legal business was mostly transferred to the District Court. About this time Hale, Mills, and Hillyer removed to Auburn, and for several years the practice was divided between the three, and Myers, Thomas and Tuttle. Many important questions arose, and the Bar of Placer County was justly regarded as an able one. Tuttle and Hillyer formed a partnership in 1857, and the latter removed to Auburn. Hale became County Judge in 1854, and Myres District Judge in 1859. Hillyer removed to Virginia City in 1863. Ile has acquired a great reputation as a lawyer, and was employed by the firm of Mackay, Flood and Fair in 1878-79-80 to attend to their mining interests at Virginia City. Ile now resides at Washington. The county of Placer has generally been fortunate in its judiciary. This, however, has not always been the case. In 1858 a County Judge was elected who was from the Mohawk Valley, N. Y. and had been a elerk in a store. After his election he went into a lawyer's office to prepare for the discharge of his (luties. His first case was this: A family at Todd's Valley consisted of a step-father, his wife, and two daughters of the wife by her first husband, aged thirteen and fifteen years. The step-father had married the mother when the girls were young-
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HISTORY OF PLACER COUNTY, CALIFORNIA.
mere babies. An industrious well-to-do blacksmith, about forty years old, married the eldest girl with- out the consent of the mother. She procured an indictment against the clergyman for performing the ceremony. Tuttle was for the defense. Thomas, the District Attorney, called a witness to prove the marriage, and the mother to prove that she had objected to it. and rested. Tuttle called the second daughter, when the following colloquy took place :-
Judge-What do you call that girl for ?
Tuttle-I expect to prove by her that the step- father has raised the girls, and has stood in loco parentis and been their guardian, and gave his con- sent to the marriage.
Judge-I wish you to understand that this Court will not permit a young girl like that to be called to contradict an old woman like that.
Tuttle-The District Attorney does not object.
Court-It is my business to take care that this Court is not imposed on.
The witness retired and Tuttle took his seat. There was a painful silence for three or four min- utes, when the Judge said, " Why don't you go on ?" Tuttle answered, " The Court refuses to let our wit- ness be sworn." There was a short pause, when the District Attorney told the jury that the testimony was all on one side. The Judge then instructed them to find a verdict of guilty. The jury retired, and in five minutes returned with a ver- dict of not guilty.
Fitzsimmons, when he ceased to be County Judge, removed to Forest Hill, where he practiced several years and then went to Gold Hill, State of Nevada, where he now resides.
Jo Hamilton was one of the pioneer lawyers of Placer County, locating at Auburn, where he has resided for many years. In 1860 he was elected District Attorney, and again in 1862. In 1871 he was elected Attorney-General of the State, and re-elected in 1875. Gen. Hamilton is one of the leading Democrats, as also one of the best-known lawyers of California. Since retiring from the office of Attorney-General he has resumed practice at Auburn.
The following anecdote is told, which indicates thestanding of this gentleman among the heathen of California. A Chinese notable traveling in the country, acting as an interpreter and general agent among his countrymen, presuming to occupy a posi- tion similar to that of an American attorney, when asked as to his means of obtaining an honest liveli- hood, he responded, "Me big lawyer; me alle same Jo llamilton."
Edward W. Hillyer, a younger brother of C. J. Hill- yer, commenced the practice of law in Auburn. In 1862 he became Lieutenant of California Volunteers, and subsequently became Lieutenant-Colonel. In 1863 he was elected to the Assembly from Placer, and obtained leave of absence from the army to serve
his term. In 1871 he was appointed U. S. District Attorney for the State of Nevada.
W. H. Bullock commenced practice at Michigan Bluffs in 1856, and W. H. Norton at Lincoln some two years later. Mr. Bullock is a native of Massa- chusetts and a graduate of Williams College. Norton came to California from Wisconsin. Both gentlemen have been practicing at Auburn several years. H. H. Fellows commenced practice at Auburn in 1863. He was a man of a fine legal mind. After serving as District Attorney and coming into the possession of a good practice, he died, another victim of intem- perance. ITis sad end was lamented by many friends. C. A. Tweed, who had been practicing at Duteh Flat for some time in 1864, formed a part- nership at Auburn with E. L. Craig. Mr. Tweed was afterwards appointed by President Lincoln one of the Territorial Judges of Arizona. J. M. Ful- weiler commenced the practice at Dutch Flat in 1868, and soon after removed to Auburn.
Judges Myres and HIale are the Nestors of the Bar in Placer County, for they have practiced there con- tinuously since 1852. C. A. Tuttle removed to Oak- land in 1868, but has since retained a portion of his former practice in the county. J. T. Kincade has been practicing at Auburn for several years. Hale and Craig have been partners for several years, and Bullock and Norton have recently formed a partner- ship. W. B. Lardner, a young lawyer, commenced the practice at Auburn in 1878, and W. A. Hughes in 1880; and J. E. Prescott also settled at Dutch Flat in 1879. Lardner is now District Attorney, and Myres is Superior Judge.
The many important cases that have occupied the courts of Placer it would he impracticable to detail in this volume, but many are referred to in the dif- ferent chapters.
THE JUDICIARY.
Since the organization of the county the following judges and attorneys have presided over its courts:
DISTRICT JUDGES .- Seth B. Farwell, 1851 to 1852; John M. Ilowell, 1852 to 1859; Benjamin F. Myres, 1859 to 1864; T. B. McFarland, 1864 to 1870; T. B. Reardan, 1870 to 1880.
COUNTY JUDGES .- Hugh Fitzsimmons, 1851 to 1855; James E. Hale, 1855 to 1859; E. II. Vandecar, 1859 to 1863; IIart Fellows. 1863 to 1868; D. W. Spear, 1868 to 1872; J. Ives Fitch, 1872 to 1880.
SUPERIOR JUDGE .- B. F. Myres, 1880.
DISTRICT ATTORNEYS .- R. D. Hopkins, 1851 to 1853; P. W. Thomas, 1853 to 1855; M. E. Mills, 1855 to 1857; P. W. Thomas, 1857 to 1861; Jo Hamilton, 1861 to 1864; C. A. Tweed, 1864 to 1866; E. L. Craig, 1866 to 1870; II. II. Fellows, 1870 to 1872; J. M. Fulweiler, 1872 to 1876; W. H. Bullock, 1876 to 1880; W. B. Lardner, 1880.
PHOTOGRAPHED BY J M JACOBS John T. Ashley.
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CHURCH, BENCH, AND BAR.
ATTORNEYS REGISTERED IN PLACER.
L. Aldrich,
E. H. Gaylord,
- Allen,
-- Gilman,
Geo. L. Anderson,
- Glover,
Henry Meredith,
J. C. Smith, - Spaulding, D. W. Spear,
- Ankeny,
J. H. Goss,
L. B. Arnold,
W. B. Greer,
Geo. R. Moore,
- Sunderland,
A. J. Ball,
J. J. Griffith,
James Moore,
A. W. Sweet,
W. H. L. Barnes,
James E. Ilale,
W. W. Moreland, Munson,
- Tallman,
J. S. Belcher,
J. Ilardy.
Benj. F. Myers,
Phil. W. Thomas,
W. C. Belcher,
- Ilarley,
J. A Neunes,
G. W. Towle,
Thos. Bodley,
- Harmon,
- Newell,
C. A. Truett,
Otis L. Bridges,
II. II. Hlaitley,
A. C. Niles.
Chas. A. Tuttle,
Abram Bronk,
- Harrison,
W. C. Norton,
(. A. Tweed,
C. J. Brown,
- Harshaw,
- Oeden,
W. W. Upton,
- Buckner,
Creed Haymond,
- Patton,
- Van Buren,
- Buckner,
Hiram R. Hawkins,
Geo. N. Peck,
E. H. Vandecar,
W. H. Bullock,
John Heard.
R. C. Poland,
A. A. Vantiuelder,
J. E. Campbell,
L. Hermance,
J. E. Prewett,
Wm. Van Vactor,
J. F. Cannon,
A. S. Iliggins,
T. B. Reardan,
A. W. Walker,
W. R. Cantwell,
Felix B. Higgins,
Wm. C. Rich,
G. L. Waters,
C. E. Carpenter,
E. E. Hill,
- Robinson,
G. G. Webster,
A. P. Catlin,
Curtis J. Hillyer,
- Robertson,
J. S. Welch,
J. Christy,
Ed. W. Ilillyer,
- Ross,
J. F. Welch,
C. W. C. Rowell,
D. W. Welty,
Jos. Churchman,
P. J. Hopper,
H. O. Ryerson,
Chas. Westmoreland,
P. H. Clayton,
R. D. Ilopkins,
S. W. Sanderson,
B. C. Whiting,
James Coffroth,
N. E. Iloree,
- Sanders,
Thos. H. Williams,
- Saunders,
J. L. Wilber,
Joseph W. Scobey,
E. M. Wilson,
Niles Searles,
J. W. Winans,
P. H. Sibley,
F. W. Wyman.
Peter Singer,
W. H. BULLOCK.
William Iloratio Bullock is a native of Massachu- setts, having been born in the old " Bay State " in 1828. There he remained until the years of man- hood, acquiring the education and profession that have been so important to him in after life. In 1851 he came to California and sought his fortune in the mines, chiefly at Lowell Hill, in Nevada County. After an experience of six months in the gold region, he returned to his native State, where he remained until 1855, when he determined to make his future home in California, and hither be came, landing in San Francisco in October of that year. He then settled in Michigan Bluff, where he remained in the practice of law for nearly ten years, subsequently removing to Anburn. In 1875 Mr. Bullock was elected District Attorney as an Independent, he being a Democrat.
When the nominations of the Independent Party were made, the Herald said :-
C. G. W. French,
C. A. Friend,
Francis McConnell,
John R. MeConnell,
J. Garber,
J. G. Mccullough,
- Gardner,
T. B. McFarland,
C. F. MeGlashan,
J. P. Slade, Ilorace Smith,
W. II. McGrew,
J. II. MeKunc,
A. W. Smith,
- Melbourne,
James Anderson,
W. Il. Goodfellow,
M. S. Meyer, M. E. Mills,
Lansing Stout,
- Taylor,
- Beatty,
Jo llamilton,
R. O. Cravens,
John M. Howell,
E. B. Crocker,
- Howard,
N. Greene Curtis,
J. F. Hubbard,
J. P. Dameron,
- Hughes,
Wm. P. Dangerfield,
- Hyer,
Horace Davenport,
T. R. Jones,
A. B. Dibble,
- Jobns,
C. A. Johnson,
J. Neely Johnson,
- Dunlap,
- Judah,
Charles Dyer,
P. Edwards,
J. L. English,
J. T. Kinkade,
M. M. Estee,
II. J. Labatt,
Seth B. Farwell,
C. W. Langdon,
Hart Fellows,
W. B. Lardner,
- Ferguson,
M. S Latham,
Il. H. Fellows,
L. D. Lattimer,
J. Ives Fitch,
W. D. Lawrence,
J. Jones Fitch,
W. S. Long,
Hugh Fitzsimmons,
E. Longyear,
F. S. Manford,
- Foote,
II. E. Force,
- Markham,
J. B. Marshall,
W. II. Bullock, candidate for District Attorney, is one of the best nominations made, and for this rea- son, Mr. Bullock is one of the best read lawyers in the county; and apart from the important nature of
41
J. S. Christy,
- Ilimrod,
Cornelius Cole,
F. A. Hornblower,
E. L. Craig,
F. J. Houston,
Geo. W. Donnelly,
Charles C. Dudley.
- Kelts,
Charles A. Keyser,
J. M. Fulweiler,
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HISTORY OF PLACER COUNTY, CALIFORNIA.
much of Placer's litigation. the people will readily conceive the vast importance of securing as much talent for this position as possible.
In 1877 he was re-elected on the Democratic ticket. holding bis position until 1880, when succeeded by W. B. Lardner. The administration of Mr. Bullock was claimed as attended with more ability, more general quiet, and less expense than any adminis- tration of the office for years preceding. Since retiring from public office he has resumed the prac- tice of his profession in Auburn, and is now one of the most prominent lawyers at the Bar of Placer County.
C. A. TUTTLE.
Charles A. Tuttle was born in LeRoy. Genessee County. New York. November 5. 1818. His parents were Harvey and Lucy ( Taylor) Tuttle. the father born in Barkhamsted. and the mother at Hartland. both in Litchfield County, Connecticut. They were married in 1816. and removed to LeRoy. The paternal ancestors of Mr. Tuttle emigrated from | in the locality which afterwards became Michigan England in 1624. and landed at Portsmonth, New Hampshire. On his mother's side he traces his ancestry to Capt. John Brown, who was killed in battle at Lake Champlain during the French and English war in 1759. John Brown, of Ossawa- tamie. was a grandson, and Lucy Taylor, Mr. Tut- tle's mother, was a granddaughter of Capt. John Brown. The subject of this sketch has inherited the strong and positive traits of character exhibited in the Brown family. as will be readily observed by all who are familiar with his political course. The principles of liberty of conscience and the inalien- able birthright of man are born in the blood and bred in the bone. and with the determination and courage of his ancestors he has always been ready to express and act upon bis opinions.
While a child of seven years, in a boyish attempt to use an axe, he cut his right knee. and from the wound he became a cripple by the stiffening of the joint. IIis father, whose ideas of a son were strength and skill to assist bim on the farm, told him with a mournful face: " Now you will never be good for anything, and I must send you to school." After receiving the usual instruction in reading, writing. arithmetic, geography, and gram- mar. at the public school. he prepared for college at a private school in the village of LeRoy, under the instruction of the Rev. Mr. Metcalf, the Episcopal clergyman of the village. and entered Hobart Col- lege, at Geneva. N. Y .. in July. 1810.
From his earliest recollection, when told he would not be good for anything. Mr. Tuttle had formed the resolution to become a lawyer, and at the end of two years he left college and entered the law office of Gardiner & Delano, at Rochester. New York.
In October, 1815, he was married to Maria L. Batchelder. daughter of Enos Batchelder, a farmer in LeRoy. Soon after marriage Mr. Tuttle and bis
wife removed to Milwaukee, Wisconsin, where he was admitted to practice in the United States Terri- torial Courts, and commenced the practice in com- pany with S. P. Coon, who was elected Attorney- General of Wisconsin in 1849.
In the winter of 1849, Mr. Tuttle determined to remove to California, and in March, in company with three others. left Milwaukee for Independence, Mis- souri. From this point the party. on the 26th of April. commenced the long journey across the plains, arriving in California late in July. On the 28th of July, 1849, he arrived at Illinoistown, and shortly after engaged in mining at Barnes' Bar, on the North Fork of the American River. There were but few people in that region at that time. Mr. E. T. Men- denhall had located at Illinoistown. Dr. F. W. Todd. now of Stockton, and F. Hill, of Oregon, had settled at Todd's Valley, C'apt. Thompson and Archie McDonald were at Bird's Valley, " Yankee Jim" was mining in a gulch where the town now bears his sobriquet, and Capt. Tichenor was mining in a gulch Bluff. On the rivers were a number of Oregonians and sailors who had left their vessels in San Fran- cisco, and a few Americans who had come by way of the Isthmus of Panama.
In February. 1850, Mr. Tuttle went to Stony Bar, on the North Fork of the Middle Fork of the Amer- ican River, and there he tried his first California law-suit before a tribunal of miners. One Capt. Smith, a Scotchman, and several sailors, also Scotch- men, had built a cabin on Stony Bar. and mined there during the winter, and had located the bed of the stream for summer mining. A company of Ohio men came to the bar in March, looking for diggings. These men posted notices up and down the river, calling a miners' meeting to decide whether foreign- ers should hold claims. On Sunday a large crowd assembled. Mr. Tuttle volunteered to defend the Scotchmen. He addressed the audience and used all the arguments he was master of to show the injus- tice of forcing the Scotchmen to abandon their claims. There were some present who had been in the Mexican war, and these said. "we fought for this country and it is ours by right." The meeting decided that the Scotchmen could not hold a claim, and the Ohio men took possession.
In 1851 Mr. Tuttle went East, and in the summer of 1852 returned overland with his wife and settled at Bird's Valley. In the political campaign of 1853 he became the Democratic candidate for the Senate, and was elected. This was his first acquaintance with politics, and with the public men of this State. At the session which followed he made the acquaint- ance and became the friend of David C. Broderick. The Supreme Court of this State bad about this time decided that no appeal could be taken from the State Court to the Supreme Court of the United States. At the session of 1855 Mr. Tuttle. in connection with Judge Whiting, of Monterey, prepared a bill to
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THE CRIMINAL RECORD.
enforce such appeals in proper cases. Ilis speech on the bill was published and generally circulated, and to the surprise of everyone the bill passed. The law will be found in the Statutes of 1855, page eighty. This act laid the foundation for the controversy between the advocates of States' Rights and their opponents, which was carried on in this State, and which aided much in the formation of the Republi- can Party. Mr. Tuttle retired from the Senate at the close of the term in 1855, an adherent of the Republican Party, then organizing in the East. He canvassed the northern part of the State in 1856 for Fremont, and in 1857 he presided over the Republi- can State Convention. In the spring of 1856 he formed a partnership with C. J. Hillyer in the prac- tice of the law at Auburn. Mr. Hillyer was a grad- uate of Yale, and an able lawyer. The firm trans- acted a large business until 1863, when Mr. Hillyer went to the Territory of Nevada and settled at Vir- ginia City. Ile now resides in Washington, D. C.
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