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 28
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of Judge McKune, Curtis not being a practitioner at that time. Curtis was endowed with the qualities of true friendship,
"Which is a Gordian knot that angel hands had tied.
By heavenly skill its texture wrought, who shall its folds divide? Death's all-triumphant sword may strive its links to sever,
But the union of its twisted cord in Heaven shall last forever."
Curtis belonged to the "old school" of chivalrous attorneys. While there has been advancement in all matters of science and art, there remains a charm around the courteous chivalry of the lawyer of two generations ago. It seems that a grasping selfishness has implanted itself among modern members of the bar. That old-time honor of the profession, when the greed for gold formed no part in the lawyer's strife for honor and fame, has in a measure departed. The lawyers of twenty-five years ago held honor above gold or price. Today gold seems to be the moving power and glory, and honor but an incident. Those were the days that the lawyer's part was to work hard, live well and die poor. But honor was always the objective point.
Judge Curtis was counsel in the famous Laura D. Fair case for the murder of A. P. Crittenden, and finally acquitted her. He was counsel for many defendants in murder cases in this state. Many years ago the writer was present at Santa Cruz during an important murder trial, where the defendant was represented by N. Greene Curtis. We think that the management of this case was the mas- terpiece of his life, and far surpasses his efforts in the famous Laura D. Fair trial. The defendant was a young man with a beautiful wife and child. The evidence against the defendant was of the most dam- aging character, and it seemed that a conviction was inevitable. The sentiment of the community was set against the defendant. But Curtis had a way of snatching victory from defeat, and the result of the trial disclosed the fact that he did so in this case. For weeks before the trial he made research into the pedigree of each juror summoned, until he had each man's history at his memory's com- mand. Then came the day of the trial and the defense marked out was an alibi. The courtroom was each day crowded with ladies and gentlemen. Curtis seemed to be inspired. He opened the case with a degree of magnetism seldom witnessed. He paid a grand tribute to the people, to the beautiful sea crest and beach, and to every- thing' pertaining to the community. He painted the crime as black as Erebus, and was unsparing of anyone who would perpetrate such an outrage and cowardly assassination. Then came his inspired ar- gument to the jury. He touched the weak place in the composition of every juror, and around and around he went, addressing each juror separately. But he found that every time he came to a cer- tain old puritanical fellow there was a break in his magnetic chain. He tried again and again to cast the electric charm over the old
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hard-shell, for he felt certain of the other jurors. Just at this juncture a little tot got down from his mother's lap, and, being at- tracted by Curtis' actions in speaking to the jury, ran up to him, clasped one little arm about his knee, and with the other held up a piece of candy some person had given him, for him to take. Curtis stopped short, looked for an instant at the child, then at the audi- ence, then at the jury, but never spoke a word. The effect was elec- tric. There was not a dry eye in the courtroom; the women gave out uncontrollable sobs. That silent eloquence was grand-indescribably grand. Then he drew his own picture, and asked the jurors if they were fathers, and could find it in their hearts to make that child an orphan. With all this the old hard-shell remained obdurate, and as unmoved as the hills. At length Curtis roused himself for one more effort and with tears and emotion actually knelt down and prayed long and fervently at the feet of the obdurate juror, when all at once tears came trickling down his cheeks, and he, too, was en- tangled in the electric chain. After the case was over, and the young man acquitted, Curtis said to the writer: "Do you know that it was a hard struggle to capture that puritanical old ass? Why, I was actually compelled to pray, and ordinarily it would have been ridiculous." And, said the Judge: "When I got him I thought of an event in the life of the elder Booth, who had no equal in his per- sonation of Richard III. Well, Mr. Booth was to play his favorite character at Manchester, England, which was a great place for manu- facturing buttons. On the opening night the house was crowded, and Booth just let himself loose, but not a sign of applause fol- lowed his efforts. The audience was as silent as a tomb. He tried again and again, still no emotion or recognition. Driven to despair, he made a most superhuman effort, and at this time caught the entire audience at once. The applause was loud and continued. After the tumult, Booth, in his eccentric way, stepped to the footlights and said: 'What do you think of that, you damned button-makers?' Then he left the stage and would not finish the play. Now," contin- ned Curtis, "I felt like Booth in that act, and wanted to say, out loud, after my fervent prayer: 'What do you think of that, yon d-d old hard-shell.' ""
JAMES W. COFFROTH
Only a few now remain who can recall the memories of that eminent man whose magnetic powers stirred the hearts of the people, whose magic eloquence so often resounded at the bar, in the forum, and from the public platform. While the lips of James W. Coffroth have been silenced and his body in the silent chambers of the dead for thirty-six years, there are many "oldtimers" whose memories re- vert to the past, and recall that he was one of the leading spirits of this state and one who aided in making its early history. No lawyer
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ever exercised greater influence over a jury. His splendid stature, clear and musical voice, and magnetic expression never failed to enter the heart of those whom he addressed. His was a most lov- able nature, generous and courteous to all, yet a lion when aroused. His style of eloquence was different from that of the contemporane- ous lawyers, and he easily stood the peer of any, although there were orators and statesmen: Col. E. D. Baker, Henry Edgerton, W. H. L. Barnes, N. Greene Curtis, Jo Hamilton, Creed Haymond, W. W. Pendergast, James Goods, and a number of other eloquent orators and attorneys with whom he was confronted in litigation. (And, by the way, how rarely do we hear any of those illustrious names mentioned in this generation.)
"Jim" Coffroth, as he was called, was extremely popular when he came to Sacramento, as the senator from "Old Tuolumne," then one of the leading counties in the state. He was paraded around the city in a carriage drawn by six white horses, and with ban- ners, "Hail Tuolumne's Favorite Son." The American party was then in power in California. He could have been the candidate for governor, which was equivalent to an election that year, but gener- ously gave way to J. Neely Johnson, who was elected. For many years thereafter "Jim" Coffroth was known as "Tuolumne's Favor- ite Son."
Every young attorney, including myself, reverenced "Jim" Coffroth for his generous treatment and assistance. Coffroth was very fond of humorous episodes, and was a natural wit, as well as a practical joker, usually shying his wit and satire against other members of the profession. On one occasion he perpetrated a cruel joke on Hon. James T. Farley, who had been chosen speaker of the assembly. At the close of the session it was the custom for the speaker to deliver a farewell address. Farley asked Coffroth to give him some pointers for the address. Coffroth assented, and the next day handed a copy of an address delivered by a former speaker. Farley took it in good faith, never dreaming of any deception, and delivered it verbatim. Next day the Sacramento Union contained a very sarcastic reference to the similarity of the closing address with that of the former speaker of the house. For a long time, Farley, who was later elected United States senator, had an ax in store for Coffroth for the imposition.
As I have already said, Mr. Coffroth was a very kind friend of mine, and he had occasion to disclose that friendship in the trial of the first important criminal case that I was retained to defend. Just about this time a syndicate of cattle dealers resolved to make vigorous prosecutions in all cases of cattle stealing. It seems that the dealers had lost quite a number of cattle from their droves, which were slaughtered and sold by small butchers in the several counties adjoining Sacramento, and including Sacramento county.
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For this purpose Hon. N. Greene Curtis was retained as special counsel for the prosecutions. The first person to be apprehended and charged with this offense was Henry Lapley, a well-to-do butcher of Folsom. Lapley was well known and bore a good reputation, and the accusation was a surprise to his friends. Anyway the offi- cers discovered the hide of a bovine in his slaughter-house which bore the brand of an old Irish woman by the name of Mary Denin, whom I had known from my early infancy, she being our nearest neighbor when I was a very small boy. The circumstances were very strong against the defendant. Upon his arrest Lapley sent for me to defend him. I told him it was a dangerous case and that I was only a young practitioner, and older and more experienced counsel should be retained. Having been his counsel in other mat- ters, Lapley insisted that he could trust and depend upon me. Well, the case was called for trial, and when Hon. Robert Clark, then judge, saw that I was alone in the case, and he being personally friendly to Henry Lapley, called me to the bench and whispered to me that it was somewhat risky for me to undertake such a case. Just then, "Jim" Coffroth came into the courtroom, and, noting the situation, called me aside and told me to go right along and he would find means to prompt me in the details. This he also com- municated to Judge Clark. Coffroth had a double motive in this support, one to aid me, as a young attorney, the other to get the best of N. Greene Curtis, who was a rival in the criminal practice. "Now," says Coffroth to me, "you make all manner of objections to Curtis' questions to witnesses, no matter whether there is any merit or not, and at each objection arise and argue some points of your defense-do this until you get all your salient points before the jury." I followed instructions, and although Judge Curtis in- sisted upon his objections, Judge Clark permitted my line of action.
Then Mr. Coffroth again prompted me to manage by some in- direct question to arouse the ire of the prosecuting witness, whom I have said was a quaint old Irish woman. This, in order to get her to say something to divert the attention of the jury from the main facts and create some humor. In this I succeeded admirably and she answered the very first question I asked her, "It's the loikes of a spalpeen like yez, to ask me name, when I nursed ye as a baby, gwan wid ye." Her cross-examination was a repetition of sharp retorts, which edified the jury and served our purpose to the letter. The trial was finally closed, and still Mr. Coffroth sat beside me. The district attorney made the opening argument, leaving Judge Curtis to flay me alive in the closing argument. After the district attorney concluded, Mr. Coffroth whispered to me, "Now submit your case; remember, you made your argument on objections during the trial." At this I announced that I had no argument to make and submitted the case.
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Judge Curtis arose to address the jury, but was stopped by Judge Clark, who remarked, "There is nothing to reply to, Judge Curtis; Mr. Anderson has submitted the case without formal argu ment." Judge Curtis was furions, and turned to Coffroth, saying, "Jim Coffroth, this is one of your sharp tricks." The jury, in about five minutes, returned a verdict of not guilty, and I, through the kindly offices of James W. Coffroth, secured my first great vic- tory in the criminal practice.
The life of James W. Coffroth was full of sneh noble and gen- erous acts towards young attorneys. He was a most accomplished and skilled criminal lawyer, and defended more murder cases on the coast to a successful termination, than any other attorney in the state. He was also of a poetic nature and often in his leisure hours would let his poetic fancy take shape.
About a year prior to the death of James W. Coffroth, he was retained by the wealthy relatives of a man accused of stage rob- bery at Ukiah, Mendocino county. The retainer was $1000, and an additional five hundred on acquittal. After a protracted trial he succeeded in obtaining a verdict of not guilty. Upon the discharge of the defendant, Coffroth was paid the remainder of his fee and that same evening started for home in a buggy, accompanied by a driver. When they had proceeded a few miles, and at a lonely point, they were halted by a highwayman, who demanded their money. "Jim" did not like the idea of giving up his fee, and said to the robber, "Why, my man, all the money I have is what I received from clear- ing one of your kind." With that the robber took down his mask and said, "Hello, Jim, is that you? It is dark and I did not know you. H-1, I don't want your money, I was waiting for another party." It was the same man he had just acquitted, and he told "Jim" to drive on quick as he expected the other party soon.
The life of James W. Coffroth was one of eventful incidents, which, recounted, would make a volume. He had an ambition to sit in the halls of congress; but, like another great man and orator, Henry Edgerton, Fate was against him, and with all his ability and popularity he could never reach the goal.
JOHN H. MC KUNE
"Kings have their dynasties, but not the mind; Cæsars leave other Cæsars to succeed;
But wisdom dying, leaves no heir behind."
Men, nations, empires, pass like shadows of night that vanish with the dawn, scarce missed as through all ages the world goes rolling on. It was, indeed a wise man who admonished us to work as if we were to live forever, and to live as if we were to die tomorrow. Seneca said: "The shortness of life is the complaint of both fools and philosophers."
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Judge John H. McKune was one of the potent factors in con- structing the laws and ethics of the Golden State-a part of the history of this state, and without whom the chronicles of California would be incomplete. Yes, we can pay respect in memory to him to whom we can show no other gratitude. Judge McKune was a phil- osopher, and a firm believer in the immortality of the soul. He believed that no man was ever truly great unless he had rendered some service to his fellowman-something more than individual selfishness. While life may be little less than an inconstant dream, it devolves on the true man to do some good on earth. His life was one of constant labor and activity-ever doing something for his fellowmen. The world soon forgets the honor and fame of her truly great men. There are no Pintarchs, Homers or Virgils in these days, to record their deeds and sing their praise. Thus the memory of myriads of great men has been lost. A lawyer may have a brilliant career, may be heralded for his eloquence and his learning; may have acquired great wealth (although the attributes of a great lawyer is one who works hard, lives well, and dies poor), but when he passes to the dark unknown, there is an end of him -- he has done nothing to make his fame remembered beyond a few days.
"What is Fame? A fancied life in others' breath, A thing beyond ns, e'en before our death."
Judge MeKune belonged to the old school of chivalrous attor- neys; a race rapidly becoming extinct. The days of chivalrous law- vers, those who placed honor above all price, who bent their ener- gies for the honor and glory of the profession, instead of the o'er- leaping struggle for the demon gold, are but a memory.
'Twas Anacreon who said:
"The light of gold can ne'er ilhime The gloomy midnight of the tomb."
(A little digression from my thesis will not be out of place to rap the modern lawyers.)
The honored profession of the law is so rapidly merging into a plain, selfish commercialism, a matter of business, and the great majority of the profession seek only the glittering sheen of gold. Thus the dignity and independence of the learned and honorable lawyer is sunk in the business and commercialism of the wealthy litigants, and it is only on rare occasions that the truly great lawyer leaps o'er the golden chasm and stands for the nobility of the pro- fession. The wealthy seek only such lawyers as will serve them- the question of honor or honesty is not considered. "My attorney must serve me-it is a matter of business; no sentiment of right enters this contract," says the powerful corporation. The honor- able code of legal ethics is abjured, and the able lawyers are drawn
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into the vortex of the vast commerical and corporation interests of the nation, whether right or wrong-there is no sentiment allowed. May the time be again at hand when the old-time chivalry of the bar shall be restored, and the examples of such men as John H. McKune emulated. Then we would have more independent lawyers -- more independent and learned judges. Let all attorneys bear in mind that the rich can only decay on the shrine of gold. Judge McKnne was not an orator, but was endowed with a clear, logical mind, and could impress his auditors by his force and earnestness. No detail of the facts or the law was too minute for his study and analysis. In addition to his mental superiority, he was possessed of a great physical courage-always cool, deliberate, and calculating amid the greatest danger. Personal fear was not an ingredient of Judge MeKune's composition. Though of slight stature, he feared no man.
In 1852, on account of his positive and independent nature, he incurred the enmity and hatred of certain elements of this com- munity, and one man, George Wilson by name, stabbed Judge Mc- Kune through the lungs with the blade of a sword cane. At the time the wound was deemed fatal and while the judge could have slain his assailant le spared him on account of his wife and family. Many instances of his personal courage could be recounted, and of events of the early and troublous times in the early '50s, and even later.
When Judge MeKune first came to Sacramento in 1850 he erected a little cabin on the southwest corner of Fifth and K streets, which constituted his office and residence, and where he boiled his coffee and fried his bacon in a primitive manner outside, there being no room in the interior for his culinary offices. For a number of months he and N. Greene Curtis, another noted man, occupied this one-room castle jointly for an office and residence.
At the permanent organization of the city of Sacramento in 1850, Judge MeKune was elected the first city and county attorney. It was during some of his vigorous prosecutions that he incurred the bitter enmities and animosities that often engendered personal encounters, the great majorities, however, were always with him. He was always the friend of the early settler and opposed the whole- sale encroachments of fraudulent Mexican land grants, which cursed the country. His firm attitude in this matter prompted the presi- dent of the United States, Franklin Pierce, in 1854, to appoint him United States land commissioner, to investigate all the Mexican land claims. During his incumbency as land commissioner he made some valuable suggestions to the Washington authorities which were never heeded and which resulted in some fraudulent land grants being imposed upon the early settlers and pre-emption claimants.
About 1855 Judge McKune formed a copartnership in the prac- tice of law with E. B. Crocker, later of Central Pacific railroad fame,
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in connection with Charles Crocker, Leland Stanford, Mark Hop- kins and C. P. Huntington. In 1857 Judge MeKune was a member of the state legislature, with Hon. A. P. Catlin and Hon. R. C. Clark in the senate.
He was, in 1858, elected district judge for the sixth judicial district, comprising Sacramento and Yolo counties, which office he held until December, 1869. During the latter part of his judicial term he incurred the enmity of the management of the Central Pacific Rail- road Company, who defeated him for renomination. Governor New- ton Booth in 1871 appointed Judge MeKune one of the code com- missioners, to revise and codify the laws of this state. The other members of the commission were Hon. Creed Haymond and Hon. John C. Burch. The work of the commissioners bears the mark of Judge McKune's legal ability and genius, and will remain a monn- ment to his superior legal attainments.
Judge MeKune was not only learned in what lawyers call "black- letter law," but his literary tastes were of the highest order. He admired Rabelais for his splendid philosophy, and Roussean for the reason that the critics were always against him and the masses with him. Macaulay's grand style and masterly force and eloquence held a high place in his mind. Goethe, the great German poet, was one of his favorites, as was also Dante, the famons Florentine poet. He was an extensive reader and student, even up to his last days on earth. Several years before his death he commenced a history of Sacramento from the earliest days. After writing about twenty chap- ters they were published in "Themis," a literary journal edited by the late Win J. Davis and myself. The suspension of "Themis," in 1895, ended the continuation of the history of Sacramento. In fact, the impress of his mind and genius can be found in all the early his- tory of the county and state-judicially, as a lawyer, and as a citizen.
Judge MeKune belonged to that class of men who believed that a kind heart, charitable brain, honesty, simplicity and truth are the essentials of genuine culture. Among his intimate friends he did not hesitate to discuss the approach of Nature's final call, and was firm in his belief that the present life is not the end-that all nature. all the traditions and history of the human race disclosed that there is something beyond this life which only the dissolution of the earthly frame would solve.
Only a few men of the type of John H. MeKune now remain.
NEWTON BOOTH
It is an attribute of refined nature to talk about those persons and events that have given ns pleasure, and the personal recollections of Newton Booth are a source of such pleasure. There is an instinct which prompts human nature to rebel against oblivion. Unless mem- ory is invoked through the press the world soon forgets the most
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spacious and conspicuous fame. In the person of Newton Booth were combined most remarkable qualities. There was dignity in ev- erything he said and wrote. He was a scholar, writer, orator, phil- osopher, statesman and withal a most successful merchant. His orations, lectures and addresses will at all times have a place with the best and most polished of the nation. He was possessed of the attribute that endeared him to his fellow men. When such men pass away we are prone to hear and learn all we can about them.
In addition to Newton Booth's brilliant public career, I now recall many incidents of his social life and the distinguished per- sons entertained by him at his commodious rooms over the store of "Booth & Co.," on Front street, in this city. That classic pre- cinct has been the scene of many great social events wherein states- men, orators, actors, artists and authors have been his guests.
For more than a third of a century no great statesman, orator or actor visited this city who did not become the welcome guest and was entertained by that knightly and courteous gentleman. The most brilliant epoch was, however, during his administration as governor of this state. Brilliant receptions were the order, and all who en- tered his splendid home, poor and rich alike, stood npon a level, brains and manly worth being the only tickets of admission.
Long before the completion of the Central Pacific railroad, when that greatest of journalists, Horace Greely, made his stagecoach trip across the continent and was landed by Hank Monk at the depot of the Sacramento Valley railroad at Folsom, upon his arrival at this city he became the guest of Newton Booth.
That great orator and divine, Thomas Starr King, famous for his clarion notes at the outset of the Civil War, in behalf of the Union, was often the guest of Newton Booth.
Newton Booth was a native of Indiana, and when the great war governor of that state, Oliver P. Morton, visited California, he made his home his residence, where he met some of the most distinguished men of the state.
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