USA > California > Sacramento County > History of Sacramento County, California, with biographical sketches of the leading men and women of the county who have been identified with its growth and development from the early days to the present, 1913 > Part 27
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D. A. Hamburger practiced in Sacramento for a few years after his admission to the bar and then located in Los Angeles, where he has abandoned the practice of the law and engaged in mercantile business.
Frank Powers was admitted to the bar from the city of Sacra- mento, but established his law practice later at San Francisco. He was a member of the assembly from that city.
Charles T. Jones is still an active practitioner in this city. Twice district attorney and once assemblyman, he has held an honored position in this community. He has been on one side or the other in most of the important criminal cases for many years and is looked upon as one of the ablest criminal lawyers in the state.
Dan E. Alexander removed to San Francisco, where he is now engaged in the practice of his profession. Charles H. Oatman is also a practitioner in San Francisco. Elwood Bruner, ex-assemblyman and ex-district attorney, is now located at Nome, Alaska, as is also his brother, J. Allison Bruner.
W. B. Harlow practiced only a short time after his admission to the bar, then went to Arizona and later to New York, where he died a few years ago.
Judson C. Brusie was assemblyman and secretary to the Califor- nia railroad commission. He died a few years ago at Los Angeles. He devoted his time chiefly to politics and dramatic writing.
Peter H. Burnett was a lawyer, but never practiced in this city; only acted as land agent for John A. Sutter. He was the first gov- ernor of California. In 1857 he was appointed by Governor J. Neely
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Johnson a judge of the supreme court. Ile died in San Francisco, May 17, 1895, at the age of eighty-seven years.
Judge S. C. Denson is now a resident of San Francisco. For many years, in addition to his judicial career, he enjoyed a splendid practice in this city. At various times a member of the firm of Beatty & Denson, then Beatty, Denson & Beatty, and Beatty, Denson & Oat- man, he always enjoyed a very lucrative business. It was during his term as judge that the famous cases of Troy Dye and Edward Ander- son for the murder of Aaron Tullis were tried and the two men con- victed and hanged. Hon. Creed Haymond defended these men. When Judge Denson removed to San Francisco, he formed a co-partnership with Judge J. J. De Haven, which continued until Judge De Haven was appointed United States district judge.
Albert M. Johnson .- Nature is not lavish with her choice gifts of genius and talent, and rarely do we find these great attributes combined. In Albert M. Johnson both genius and talent were united in one body, in one mind. His was an irrepressible genius, brighter than the sword of the conqueror. His thoughts and ideas bore the rays of immortality, which cast a living, lasting halo around his very being. With him, genius was not a shadow-it was a substance. it was light; it was matter that never dies. In all his legal existence he seemed like a Thesens led by the golden thread of Ariadne. His logic was like the touch of Ithuriel's spear, his reason like the swell of the ocean. A master of language, which flowed from his lips like a splendid stream, again in torrents as moved by inspiration, at the bar and on the rostrum his flow of language was the most flnent and logical. Its effect was magical, and carried inspiration with every word and thought expressed. There is no armor against Fate. Albert M. Johnson was never obsequious to wealth or power. The later years of his life were devoted, in addition to his profession, to the solution of social problems and to the betterment of the condition of the masses. A truly great attorney, in his comparatively brief career he tasted fortune more than did any other lawyer. He died in Oakland, in 1907, at the age of forty-six years.
Judge A. P. Catlin was a pioneer lawyer, and had many parts in the formation of the government for this state. In 1850 he and John Currey (afterwards superior judge), formed a co-partnership in the practice of the law. At that time the leaders of the bar were Murray Johnson, E. J. C. Kewen, Col. J. C. Zabriskie, Joseph W. Winans, L. Neely Johnson, John B. Weller, M. S. Latham, John H. MeKune, and Col. Philip L. Edwards. This partnership lasted only a short time, and Mr. Catlin then returned to his former home at Mormon island in this county, and engaged in mining. It was he who was the author of the name "Natoma" for Natoma township in this county. In 1853-54 he was a member of the senate which met at Benicia, and it was due to his efforts that Sacramento secured the
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location of the State Capitol and was made the permanent seat of state government. Judge Catlin was an eye witness to the great tragedy of the Squatter riots on August 14, 1850, at which City Assessor Woodland was killed, Mayor Biglow fatally wounded and many others killed. Judge Catlin took part in every great political battle of this state. In 1857 he was a member of the assembly and a participant in the great Broderick-Gwin senatorial contest. In March, 1872, he was appointed one of the state board of equalization. During all the years he was engaged in active practice. In 1890 he was elected judge of the superior court of the county of Sacramento, and served a full six-year term. He was a man of sound judgment and untiring industry, one of the safest counsellors and faithful to his clients; very slow to anger, but a lion when aroused. While he seemed morose in his disposition, there was at times a vein of gen- nine humor in his composition. No man had a greater knowledge of the incidents of history of this state, and his "scrap books," if they are still in existence, would be a revelation to the future historian.
John C. Catlin and Harry Catlin, the sons of Judge Catlin, were admitted to the bar and are now residents of San Francisco, engaged in the practice of the law.
J. W. Winans (firm Winans & Hyer) was for many years a prominent attorney in this city. He was a member of the consti- tutional convention. Mr. Winans devoted much time to literature, and was an elegant writer. For many years he was a regent of the state university. In 1861 he took up his practice in San Francisco and continned until his death, March 3, 1887.
W. B. C. Brown, after having served as county clerk and state controller, became a member of the bar and continued in the practice of the law until his death, April 12, 1882.
W. S. Church was city attorney for one term, then went to San Francisco. He is the author of "Church on Habeas Corpus," and some other law works.
James B. Devine, a bright young lawyer, was called to his final rest, just at the time the people began to recognize his abilities.
Judge J. W. Armstrong came to Sacramento from Amador county in 1868. He was formerly the law partner of the late United States Senator James T. Farley, of Amador county. He established the law firm of Armstrong & Hinkson. Judge Armstrong was ap- pointed judge of the superior court of Sacramento county by Governor Stoneman. At the succeeding election he was chosen for a full term on the bench. Judge Armstrong was a man of great force of char- acter, and somewhat aggressive in his disposition, yet broad-minded, tender-hearted and generous. He died March 21, 1896.
Judge Lewis Ramage was district judge of the old sixth judicial district. It was during his term that the famons Tip MeLanghlin case was tried, MeLaughlin being charged with the murder of Charles
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Lundholm. At the first trial the jury disagreed, and "Tip" was tried a second time, at which trial he was convicted of murder. By some nnaccountable oversight no order was made by the court to take the defendant into custody, he being at liberty under bonds. "Tip" walked out of the court and never was captured. Judge Ramage was a very kind-hearted man, and had a great reverence for the decisions of the court of his native state, Missouri. It was often remarked by attorneys, that if counsel could produce a decision from Missouri, or something from "Smith's Leading Cases," his case would be safe. Judge Ramage, after his term as district judge was com- pleted, returned to St. Louis, where he died a number of years ago.
John B. Weller, a pioneer lawyer, was governor and United States senator. Governor Weller was a very eloquent orator and a man of pleasing and polished manner.
Judge Robert C. Clark was state senator and afterwards county and superior judge for twenty-four years, up to the time of his death, January 27, 1883. Judge Clark was a model judge, and everybody was his friend. No man held a higher place in the hearts of the people than Judge Clark. The pleasing incidents and anecdotes dur- ing his career on the bench would fill a large volume.
D. Lee Donelly was corporation counsel under Mayor Hassett, and at one time law partner of A. M. Seymour. He died about 1911 after a lingering sickness.
John Currey was one of the earliest pioneer lawyers of this city. At one time the law partner of A. P. Catlin, Judge Currey performed a prominent part in the history of this state. He was for many years judge of the supreme court, and chief justice of that court. Judge Currey was born in 1814, and died in 1912, at ninety-eight years of age. He always was a man of great intellectual powers, and even in his last years retained his remarkable memory and wrote some able articles for the law journals upon great legal topics.
Judge E. W. Mckinstry was in the law practice in this city in 1850. He was one of the first representatives in the legislature from Sacramento county. In 1858 he went to Napa and was elected district judge for Napa and adjoining counties. He then removed to San Francisco and was elected county judge. Later he was chosen district judge for the twelfth judicial district of San Francisco. Afterwards he was elected justice of the supreme court of California. He resigned from the supreme bench to become professor of municipal law in the Hastings Law College. Judge Mckinstry died at San Jose, November 1, 1901.
Cornelius Cole was district attorney for Sacramento county, after- wards congressman, and in 1865-66 was elected by the legislature to the United States senate. At the close of his senatorial term he located at Los Angeles, where he now resides, hale and hearty, though advanced in years.
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Morris M. Estee was a member of the legislature from Sacra- mento in the session of 1863-64, and in 1864 was elected district attor- ney of Sacramento county. At the expiration of his term of office he located in San Francisco in the pursuit of his profession and was retained in many very important cases. Mr. Estee was a leading member of the last constitutional convention which framed the present state constitution. Mr. Estee was at all times a dignified and sincere man. Under the annexation of the Hawaiian Islands, creating a United States district judge for that jurisdiction, in 1900 he was appointed to the office, which he held until his death, October 27, 1903.
Judge T. B. McFarland, prior to locating at Sacramento, was dis- trict judge of the fourteenth judicial district, comprising Nevada and Placer counties. At the expiration of his term as judge he came to Sacramento and formed a copartnership with Judge A. P. Catlin, under the firm name of Catlin and MeFarland. He was registrar of the United States land office, and in 1882 was appointed by Governor Perkins superior judge of this county. Prior to that he was also a member of the last constitutional convention. In 1884 Judge Mc- Farland was elected superior judge for Sacramento county; in 1886 was elected justice of the supreme court, re-elected in 1898, and re- mained on the supreme bench until the time of his death, a few years ago. Judge MeFarland was a man of fine literary attainments and of most fascinating social qualities. To know him was ever after to be his friend.
RECOLLECTIONS OF HENRY EDGERTON
Look in upon the state burial plot in the City Cemetery and amid the lofty marble and granite shafts that mark the last resting places of distinguished men, there will be found a poor little slab with the inscription :
HENRY EDGERTON Died November 4, 1887
The name of that brilliant orator, profound lawyer, classic scholar, is now only a memory for the few. During life he thrilled andiences, electrified senators, judges and conventions by the splendor of his rhetoric, philosophy and the vividness of his imagery. As an eagle, then he swooped,-then he soared,-the sculptor and painter in words, -the ideal of logical realism.
Like
"The two-edged tongue of mighty Zeno, who, Say what we would, could argue it untrue,"
he had the prose of Xenophon and the poetry and philosophy of Plato. His font of oratorical genius never ran low. He fused reason, music, passion, imagination, into electric and magnetic power which held his auditors as if chained by enchantment.
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When Edgerton became aroused in debate and the occasion called for it, he was a perfect master of invective, sarcasm and irony.
"Fierce as the midnight, moonlit
Nubian desert with all its lions up."
Yet he was possessed of the gentle impulses of a woman, court- eous, chivalrous and with wit as sparkling as ice and as brilliant as the sunshine. Henry Edgerton had the egotism of most men of genius, and believed it was a great folly to be wise all alone. His utter contempt for wealth was proverbial. Yet with all his great genius and ability, with all his generous impulses and good will for his fellow men, he learned, with Prentice, "that men are deserters in adversity, when all is dark and even our very shadows refuse to follow us." While his eloquence charmed the soul, he felt that Ambi- tion was a gilded cheat,-that Fate was capricious.
"Ah, pensive Scholar, what is fame? A fitful tongue of leaping flame,
A giddy whirlwind's fickle gust That lifts a pinch of mortal dust."
With all his great genius and wonderful powers of oratory, Edger- ton, like that other almost forgotten orator and statesman, James W. Coffroth, could never attain the goal of his ambition,-a seat in the halls of congress.
The great Napoleon's star of destiny began to decline from the day he divorced the Empress Josephine, and finally set with the sun at Waterloo. Thus with Henry Edgerton, when the marital relations ceased between himself and the brilliant Frances Edgerton, his star of destiny waned and finally cast its pale light upon his almost for- gotten grave.
Withal the public career of Henry Edgerton forms a potent part of the history of this state. He came to California from Vermont in 1853, a young man, and located at Napa, where he was for a number of years, up to 1860, the district attorney of that county. The famous case of Ned McGowan, implicated in the murder of James King of William, editor of the San Francisco Bulletin, during the time of the vigilance committee, was transferred to Napa county, and prosecuted by Henry Edgerton. In 1860 he was elected state senator for Napa, Solano and Yolo counties, and during the sessions occurred the mem- orable debate with Harry I. Thornton, which placed Edgerton as the leader in oratory in this state. It was by such prompt, eloquent and patriotic actions of Edgerton and several other prominent men that a terrible chapter in California's history was averted, and this state retained in the array of Union states during the Rebellion.
From this time Henry Edgerton held his place as the greatest orator on this coast. He was a man of splendid physique, with a bright, classic countenance, and one who at all times inspired admira- tion. In the earlier days of his career he was noted for the old
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school style of his costume. For many years he wore a blue broad- cloth dress coat, with double row of brass buttons, and a buff vest, making a marked contrast with other men's dress. But he prided himself on these and would wear none other until the later years of his life. In 1861 Edgerton and Mckibben ran for congress on the Union Democratic ticket, but were defeated by Timothy Guy Phelps and A. A. Sargent. For a number of years Edgerton was one of the trustees of the state library. In 1878-79 he was elected a member at large of the constitutional convention, and the debates disclose many gems of his power of oratory. One of Edgerton's most beauti- ful oratorical efforts occurred in 1879, npon the grand reception given to Gen. U. S. Grant, who visited this city upon his journey around the world. In 1880 he was the only Republican presidential elector elected, and he was selected as messenger to proceed to Washington to cast the vote for president. At the presidential election in 1884 he was again elected a presidential elector.
In 1882 Henry Edgerton and W. W. Morrow were Republican candidates for congressman-at-large, but they were defeated by Charles Sumner and J. R. Glasscock. During the congressional convention of the second district at Benicia in 1884, Edgerton was evidently deeply wounded at not receiving the nomination for congress. His speech on that occasion was one of the most powerful efforts of his life, and his picture of the ingratitude of his party was realized by all the delegates present. It was at this convention that Hon. Joseph McKenna received, on the thirtieth ballot, the nomination which gave him his start upon the car of political fortune. Edgerton never recov- ered from this defeat, and he felt that the party was ungrateful in not recognizing him.
The oration delivered by Edgerton July 4, 1882, is a masterpiece of patriotic oratory and is a model for young Americans. Snch oratory is not like that which is called oratory today, and which is a mere empty flow of words. It is like the violet wreath compared with the bunch of straw.
On the occasion of the nomination of Newton Booth for governor in 1871, Henry Edgerton made one of his brilliant, characteristic ad- dresses in placing Newton Booth in nomination. In 1873, during an exciting anti-railroad contest, he was elected state senator for Sacra- mento connty. During the campaign he made some of the most elo- quent as well as invective speeches. On one occasion, while referring to one of his detractors, he nsed this unique and most forcible lan- gnage: "He lies by day, he lies by night; he lies for the very lust of lying."
In nearly every Republican campaign from 1868 until date of his death Edgerton took part, and his eloquence was heard in every important city on the coast. In no place in public or private did he know how to be dull.
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It is known that Henry Edgerton was methodical in his nature, and kept a complete set of scrap books and records, but after his death no one was able to discover where they were placed. It would be a great addition to the oratorical history of the world if these records could be found, and placed in the hands of some competent compiler for preservation to the literature of the world. Throughout life he kept up his classical studies, and was a devotee of the drama and of all kinds of art. As a conversationalist he was without a superior. A volume might be written of anecdotes of Edgerton. On one oc- casion, during the session of 1861, while he was the lion of the day, the legislature was compelled to move to San Francisco on account of the flood. At that time the sensational drama, "The Octoroon," was being played and drew large houses. Edgerton, with a number of the other senators, attended the play and showed his warm, im- pulsive and chivalrous character, during the famous scene where Zoe, the Octoroon, is put upon the slave block for sale. Dora Sunnysides had such a warm affection that she desired to purchase Zoe to set her free. The bidding began, when McCloskey, the villain of the play, and Dora were bidding against each other. She reached her limit when she bid $20,000. McCloskey, in his sneering manner, bid $25,000, and looked upon Dora with a victorious smile. At this point the au- dience was in a state of terrible excitement, when all at once some one in the audience arose, threw his hat high in the air, and said: "Damn the law! I bid $30,000." That was Henry Edgerton, and it is needless to say that the entire audience was in uproarious ap- planse for the last bidder.
When we think of the eventful life of Henry Edgerton, we are constrained to the truth that it is best that Heaven from all creatures hides the Book of Fate.
Edgerton was a devotee of poetry and art as well as a student of the classics. In fact his very utterances were poetry. The follow- ing lines, quaint in their character and an echo of his sentimental moods, are attributed to him:
"The old days. Do you ever think of them When sitting silent as the shadows meet ? When lying broad awake at dead of night, To hear the rain that drops into the eaves; Do you remember how sweet was your sleep, In the old days?
"The old days, when you wanted to grow big, Before you knew the sorrows it would bring; When looking at the blue hills far away And thinking of the world that lay beyond ?
15
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Do you remember how you yearned for it, In the days of old ?
"The old days, they are furrowed o'er with graves, The sweet-faced mother, first and dearest friend,
The old home faces you used to know,
Your playmates and your sweethearts, where are they? Do you remember how you loved and lost,
In the days of old?
"The old days! How they brim the eyes with tears And fill the heart with longing and regret! Oh, there are tragedies in every life;
And there are songs as sweet as ever sung;
And there are memories that never die,
In the old days."
N. GREENE CURTIS
Tribute by Major W. A. Anderson, at the time of his death, July 12, 1897.
When Cato, the younger, sat with his drawn sword meditating upon Plato's "Immortality of the Soul," he exclaimed: "Plato, thou reasonest well. Why this longing for immortality?"
Each day, every hour, each minute, we are admonished of the un- certainty of all earthly things.
"Eternity-thou pleasing, dreadful thought-
Through what vagaries of untried being, through what new scenes and changes must we pass?"
"The glories of birth and state are shadows, not substantial things. There is no armor against fate."
Death lays his iey hand on. the high and low alike. The highest and lowest, richest and poorest, minst yield to the inexorable laws of Nature and of Fate. We are today but reminded of the end of all that is mortal of man, and in paying this tribute to the memory of our departed brother, bring ourselves within the reflections of Cato upon the immortality of the soul, and the proofs of nature and na- ture's laws that the soul of N. Greene Curtis has its enduring im- mortality amid the Elysian fields, where he has gone to meet former colleagues and adversaries of mant forensic battles: George R. Moore, H. H. Hartley, Phil Edwards, James W. Coffroth, J. C. Goods, Creed Haymond. Henry Edgerton. George Cadwalader. R. C. Clark, HI. O. Beatty, J. W. Winans, John G. Hyer, Milton S. Latham, Col. L. Sanders, Tod Robinson, E. B. Crocker, Humphrey Griffiths. J. W. Armstrong, W. I. Ferguson, Presley Dunlap, George A. Blanchard, and others.
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N. Greene Curtis was born in Raleigh, N. C., February 5, 1826. In May, 1850, he came with the tide of gold-seekers to California from Tennessee, to which state he moved in his early youth. By birth and education he was fitted even in those youthful days to take his place among the moving spirits of the country. Soon after his ar- rival in Sacramento he was appointed deputy postmaster under Jona- than Tittle, the presidential appointee. A short time after he as- sumed his office his principal went east, leaving Curtis in full charge. While Tittle was absent, Richard Eads came out with a notification from Washington that he had been appointed to the office. Curtis declined to recognize Eads until he presented a commission and filed a bond. He thus retained possession of the office for some months, it taking about that time to procure the necessary credentials.
As a recognition of Curtis' ability, Eads retained him as the chief officer until he was elected recorder in 1853. This office Judge Curtis administered for three years with marked ability, establishing a record which has become a precedent. In 1861, when the spirit of secession was rife and at a time when California was in the balance, being largely populated by sonthern men, Judge Curtis, though of southern blood, was firmest in counseling for the Union. At a great mass meeting held in the old pavilion at Sixth and M streets, he made one of the grandest, most patriotic speeches against secession and for the Union, one and indivisible. He became a member of the Union Party and that year, with Charles Crocker, Amos Adams and Dr. Joseph Powell, was elected as a member of the assembly. Charles Crocker, one of the great Central Pacific railroad quartet, crossed the Dark River several years ago. Amos Adams recently died in San Jose. Dr. Powell survived the term only a few years. During the same session Judge R. C. Clark and E. H. Heacock served as senators from this county. In 1861 Judge Curtis became a member of the state senate with E. H. Heacock as his colleague. In 1869 Curtis and A. Comte served as our senators. In 1877 Judge Curtis was again returned to the senate, having defeated Felix Tracy. His colleague was Creed Haymond. He was a leader in his party and counselled upon all matters pertaining to the welfare of the Demo- cratie party of this state as well as the nation. He was at all times modest, unassuming, unostentatious, yet possessing the rarest quali- ties of conversational powers. As an orator he was magnetic, and by his earnestness and force of character never failed to impress his hearers with his own ideas and convictions. Herein laid his great power and influence over jurors. The devoted friendship of Curtis was proverbial. I have often heard my father say that it was a com. mon, every-day sight to see Judge McKune and Greene Curtis frying their bacon and boiling their coffee in front of their cabin, which was situated at what is now the corner of Fifth and K streets. The cabin was built among sernh oaks and bushes, and served as the law office
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