USA > California > San Luis Obispo County > History of San Luis Obispo County, California, with illustrations and biographical sketches of its prominent men and pioneers > Part 73
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giant, in a red shirt, with no coat, his pants tucked into his boots, and a brace of huge revolvers in his belt. The latter he slowly drew forth and deliberately placed upon the table before him. His six healthy clients, who had been released on bail, by leaving their cattle in the Sheriff's hands, were similarly provided with weapons of defense. Thus, before a single witness had been called, it was clearly apparent to the Judge, jury, and prosecu- tion that the opposite side were prepared to demonstrate their innocence with some very convincing arguments. The case had opened in a manner that was highly dra- matic in the first act, with a decided tendency towards tragedy at the close. The District Attorney went bravely through the routine of questions furnished him by the Judge. No evidence could be produced to prove that the cattle had been purposely taken into the drove. The learned counsel for the defense pleaded that the cattle had strayed into his clients' fold at night, and that their presence had not been discovered. The jury returned a verdict of acquittal, upon the condition that the cattle should be returned to their rightful owner. The counsel for the defense arose and tendered his thanks to his Honor in the following "well-chosen" words: "May it please the Court: I, in behalf of my clients, congratu- late you and the gentlemen of the jury upon this favora- ble verdict. I am not accustomed to failure in my practice, and it was my intention to gain this suit if I had to clean out Court, jury, and all." And they would have done it. With this he tenderly took up his shoot- ing-irons and departed. It is unnecessary to add that the prosecutor, who is the writer of this, was perfectly satisfied with the verdict.
JUDGE JOAQUIN CARRILLO.
The unfortunate accident which caused the death of Judge Tefft created a vacancy in the District Judgeship of the Second District and Joaquin Carrillo, then County Judge of Santa Barbara, was, in February, 1852, ap- pointed to the vacancy. This gentleman was the son of Domingo Carrillo, who was the third son of Raymundo Carrillo, the founder of the family in California, and the first commandante of the presidio of Santa Barbara. The family of Carrillo was of high rank and influence, and to the Judge, as well as to Don Pablo de la Guerra, was due, in a great measure, the deference paid by the native California people to the American rule which the change of flag imposed upon them.
Judge Carrillo was not familiar with the English lan- guage, and the proceedings in court, when the trials were in that language, required to be interpreted to him. At the general election in 1852, he was elected Judge of the district without opposition, and held the office until 1863.
Mr. D. F. Newsom, who, in 1853, was appointed County Clerk, and from his skill in such matters was of great usefulness about the public offices, relates some incidents illustrating the imperious and convivial char- acter of Judge Carrillo. On one occasion the Judge invited Mr. Newsom to join him in a social glass, which he declined, saying he never drank. The Judge was much incensed at the refusal, saying one who would not drink was not fit to be Clerk of his court, and for his discourtesy he would remove him from his office, and called upon the Sheriff to furnish him a deputy for Clerk. As there was no one available qualified for the position, Sheriff Mann immediately appointed Mr. New
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som Deputy Sheriff and detailed him for duty as Clerk, so Mr. Newsom continued in the place and nothing more was said of the matter.
PABLO DE LA GUERRA.
After the census of 1860 the State was again appor- tioned into judicial districts, and San Luis Obispo, Santa Barbara, Los Angeles, San Bernardino, and San Diego, were made the First District, to take effect in 1863. By an amendment to the Constitution the judicial election was segregated from the political election, and ordered held in October, while the latter was held in September. The candidates for Judge of the First District in 1863, were Pablo de la Guerra and Joaquin Carrillo, of Santa Barbara, and Benjamin Hayes, of Los Angeles, the choice falling upon the first. Judge de la Guerra was one of the foremost of the Spanish-American people of California. He was born in Santa Barbara, November 29, 1819. His father was Don José Antonio de la Guerra y Noriega, an officer of the Spanish Army and of the Spanish nobility, who was at that time in com- mand of the presidio of Santa Barbara. The name De la Guerra, being the oldest of the family titles in Spain, was retained, and that of Noriega dropped upon the death of the father. Don Pablo bore a conspicuous part in the public affairs of California, both before and after the annexation to the United States. He was edu- cated at Monterey by the fathers of the Catholic Church, aided by Prof. W. E. P. Hartnell, and while there, when scarcely of age, was appointed Surveyor of Customs. After the annexation he was Judge of the Court of First Instance, and in 1849 was elected a member of the Constitutional Convention, and then Senator, repre- senting the Senatorial District of San Luis Obispo and Santa Barbara. The latter office he held until 1853, when he was succeeded by his brother, Don Antonio Maria de la Guerra. In 1855 he was again elected Senator, re-elected in 1855, 1857 and 1859, and made President pro tem. of the Senate, succeeding to the office of President of the Senate, and therefore Lieutenant- Governor in 1860, upon the resignation of Gov. Mil- ton S. Latham and the advancement to that position by Lieut-Gov. John G. Downey. In 1863 De la Guerra was elected Judge of the First Judicial District, as be- fore stated. This position he held from the date of his incumbency in 1854, being re-elected in 1869, un- til declining health compelled his resignation in De- cember, 1873, he dying on the 5th of February, 1874, aged fifty-four years. A further sketch of his life will be found on page 157 of this book.
WALTER MURRAY.
Upon the resignation of Judge de la Guerra, in De- cember, 1873, Hon. Walter Murray was appointed by Governor Booth to the position of District Judge of the First Judicial District, then composed of the coun- ties of San Luis Obispo and Santa Barbara. He had been a candidate for the position in the election of 1869, carrying the county of San Luis Obispo, but was defeated by the large vote of Santa Barbara in favor of
Pablo de la Guerra. When a candidate before the peo- ple he issued the following address :-
SANTA BARBARA, October 1, 1869. To the Electors of the First Judicial District of the State of California :-
GENTLEMEN: It has long ago been determined by thinking and observant men, that Judges should not be selected upon mere party grounds. To this end our State Constitution provides that the judiciary shall be elected at a time other than that fixed for the election of non-judicial officers. Nevertheless, the politicians throughout the State discard this wise principle, and, in the interest of party, almost universally make party nominations. It is a bad practice, but it exists; and until it be abolished by common consent, it must be borne with as best we may.
I come before you as the Republican candidate for the office of District Judge of this district, composed of the two counties of Santa Barbara and San Luis Obispo. As I have indicated, I deprecate the practice of electing judges on party grounds. I therefore declare to you that I feel no man bound to support me merely because I have received a party nomination; and I solicit the votes of all men of all parties, who upon a calm review of the circumstances which surround us, and of the character and qualifications of the candidates, shall deem it fitter that I should be elected rather than my opponent.
I am a resident of San Luis Obispo, having been en- gaged in the practice of law in that county for the last fifteen years. I also have the honor of a large acquaint- ance in Santa Barbara County. For my qualifications for the office in question I refer to my brethren of the legal profession, who are best qualified to judge of them. For my character and conduct, also matters to be con- sidered, I refer you to those who know me, and they are many, throughout the district.
If elected, I will- endeavor to serve you with fidelity, and to concentrate whatever energy and ability I may be conceded to possess, singly to the purpose of fulfilling the duties intrusted to my care .. I will consider it to be my duty to hold all the terms of court by law provided; to dispatch all court business promptly, that jurors, wit- nesses, and attorneys may as soon as possible disembar- rass themselves from an often unpleasant duty; to know no friend, nor party, in the administration of my official duties, but to render decisions to the best of my own judgment, and unbiased by all extraneous considerations, of whatsoever character; in the administration of the criminal law to be strict and inflexible, always ready to show mercy, where the facts justly call for it, but regard- ing its exercise upon any other occasion as misplaced and perverted.
With this brief enunciation of my ideas of official duty, I submit myself to your suffrages, and cheerfully await the decision (affecting your interests far more than mine), which will be rendered by you on the 20th instant.
WALTER MURRAY.
The, history of this gentleman is briefly told in the fol- lowing extracts from many published notices of his death, which took place in San Luis Obispo, October 5, 1875, in the fiftieth year of his age.
OBITUARY OF HON. WALTER MURRAY.
The Angel of Death has again visited our people, and robbed them of a wise officer, a good citizen, and a true friend. Just two years ago, Pablo de la Guerra, Judge of the First Judicial District, was called to an untimely grave. Yesterday, the last solemn rites were performed
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over the remains of his worthy and well-beloved suc- cessor, Walter Murray. Providence has indeed been severe in this chastening of us.
Walter Murray, whom we now mourn, was born in London, England, in the year 1826, but came to the United States at an early age. Previous to seeking his fortune in a new world, he received a three years' train- ing-from the age of thirteen to sixteen-in the cham- bers of an eminent London barrister. In the atmosphere of those inns of court his mind was imbued with a spirit of conservatism that had its controlling influence upon all his acts and words in life.
Upon his arrival in the United States, having a taste and talent for newspaper writing, he devoted himself to acquiring a practical knowledge of the printer's trade, with the view of becoming an editor. His first experi- ence was in Boston, where, while acting as compositor in one of the large newspaper offices, he published a small journal, entitled the Mechanics' Apprentice, a copy of which is in possession of a citizen of this county.
Promoted by a love of the country of his adoption, as well as for the laudable ambition to make for himself a name and fortune, and animated by a restless spirit of adventure, at the outbreak of the Mexican War, he was eager to be found in the ranks, fighting under the stars and stripes. He joined the celebrated Stevenson Regi- ment, which was organized to occupy and hold posses- sion of California, and accompanied it in 1846 to the scene of its operations.
He made a faithful and a good soldier. Upon the disbandment of the regiment in 1848 he drifted, with many of his companions, to the mines of the Sierra Nevada; but soon abandoned the uncertain search of the glittering metal, for the pursuit he best loved, and for which he was best fitted.
In 1851, he with J. O'Sullivan, established in the town of Sonora the first paper printed in Tuolumne County. [The paper was established before Murray & O'Sullivan's connection with it .- M. A.] In 1853 he came to San Luis Obispo, where he was admitted to the Bar, and has since resided, pursuing the practice of the profession of the law. He was also, for many years, connected with the San Luis Obispo Tribune, of which journal he was the founder, and by the power of his vigorous pen, he made the best country newspaper in California.
Having held many offices of trust in the county, in December, 1873, he was appointed by Gov. Booth Dis- trict Judge of the First Judicial District, to fill the vacancy caused by the death of Pablo de la Guerra, which position he occupied at the time of his death.
Walter Murray was a man of strong convictions, fixed principles, and great independence of character. He was nothing of the time server. In politics he was a Republican, and a consistent one, and in the advocacy and defense of his principles, showing neither fear nor favor. Although determined in his opinions, he was never a radical, but had respect for the honest convic- tions of all.
His journal, the medium of expression of his views upon social and political matters, was noted for its con- servatism as well as force. As an aspirant for office he was dignified and gentlemanly, never allowing himself in the most heated campaigns to be led into the use of any of the low weapons of political warfare.
As a friend, he was ardent, unflinching, and untiring; as an enemy, bitter but never mean. As a lawyer he was faithful to his clients, and pre-eminently courteous to the members of the Bar. As a Judge, his unselfishness and independence displayed themselves to great advan- tage in his total disregard of consequences to self in the rendition of his decisions. In the profession and on the Bench he was industrious, painstaking, and conscien- tious.
At the close of his life few men in the district were more popular than Walter Murray. His last hours were blessed by the companionship of devoted friends and comrades of his camp life, and no less warm friends of later years, who cheered him with their gentle and hope- ful words, and with tender hands ministered to his every want. While these men last, his presence will be with us, his memory remain green until their hearts cease to beat.
TRIBUTE BY JAMES O'SULLIVAN.
Hon. James O'Sullivan, who had been the companion in arms with Murray, and associated with him in mining and journalism, contributed the following to the mem_ ory of his friend :-
The death of Hon. Walter Murray, Judge of the Firs Judicial District Court, in San Luis Obispo, on the 5th inst., calls for more than a mere passing notice.
Judge Murray was a pioneer Californian, having come here from New York in 1847, with Stevensons' Regiment. A native of London, England, he emigrated to the United States when quite young. In Boston he served apprenticeship to the printing trade, and at the age of fifteen was editor of an apprentices' paper, which he filled with marked ability. His fine intellect and native talent were improved by a good early education, and he was a man who would have made his mark anywhere. After having worked at mining for two years, he was associated with the writer of this in 1851 and '52 in the proprietor- ship of the Sonora Herald, and he edited and conducted the paper brilliantly and successfully. In 1853 he moved to San Luis Obispo, where he has remained ever since. In the legislative session of 1858 he represented San Luis Obispo in the Assembly and made a creditable record there. The Sacramento Union (high authority) said he made the most logical speech uttered in either house during the session. He has been frequently honored by the people of his county, having been Dis- trict Attorney and Treasurer, and finally on the occur- rence of a vacancy, he was appointed District Judge by Governor Booth.
Having been intimately associated with Judge Murray from the time he left New York, in 1846, until 1853, and thoroughly knowing his sterling qualities as a man, his fine abilities and his goodness of heart, I trust I may be allowed to pay this tribute to his memory.
JUDGE MURRAY'S FAMILY.
Judge Murray left an interesting family, a wife and several very promising children. Mrs. Mercedes Murray was a lady of Spanish descent. She survived her husband but a few years, dying in San Luis Obispo.
One lovely and accomplished daughter, Miss Anita Murray, has been for some years a teacher in the Mission Public School, and another resides with and makes one of the pleasant family of C. B. Rutherford, Esq., of Oakland, a life-long friend of Judge Murray.
EUGENE FAWCETT.
In the judicial campaign of 1875, Walter Murray had been the prominent candidate for District Judge, but his death occurring on the eve of the election left the field between L. C. Granger, and Judge Eugene Fawcett, of Santa Barbara, the choice falling upon the latter. Judge Fawcett was born in Belmont County, Ohio, March 22, 1845, residing there with his parents until 1864, when, being then nineteen years of age, he went to New York
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as a member of the editorial staff of the Herald. On the breaking out of the war between Chi'e and Spain in 1865 he visited South America as the special correspondent of the Herald, remaining there until the latter part of 1866, when he returned to New York, retaining his position as writer until 1867, when he removed to Chariton, Iowa, and commenced the study of the law. In 1870 he was admitted to practice in the Supreme Court of that State, and soon established a reputation for bringing his cases well prepared before the court. His failing health indi- cating the malady which afterwards proved fatal, in 1873 he came to Santa Barbara, where a year later he married Miss Minnie Pray, whose acquaintance he had made while she was a student at the Santa Barbara College. In November, 1875, he was appointed District Judge to fill the place made vacant by the death of Judge Murray, having been elected in October for the succeeding term, which place he held until the court was abolished by the New Constitution. In 1878 he was elected by a large majority as a delegate to the Constitutional Convention while still District Judge, on which account his eligibility to the convention was contested on the ground that no man could constitutionally hold two offices at the same time. The matter being referred to the Committee on Privileges and Elections, was finally decided favorably to Judge Fawcett, the ground taken being that the dele- gates were not officers within the meaning of the law. The Judge took occasion to explain that the position came unsought to him, was in some degree unwelcome, but that being chosen by a handsome majority, he felt impelled to accept the responsibilities thereof. The con- vention indorsed the action of the committee by a vote of seventy-four to forty-nine, being nearly a party vote.
In September, 1879, Mr. Fawcett was elected Superior Judge of Santa Barbara County, taking his seat Tuesday, January 6, 1880, and dying three days later.
He was universally lamented, and many marks of re- spect were paid to his memory by the people and by the press throughout the State. The State Senate adjourned for the day in honor of his memory.
Judge Fawcett was a type of that strong, homely virtue which the people of the United States have delighted to honor, and which has found its best illustrations in the lives of Garfield and Lincoln. Rough even to brusque- ness in his manner, it was because he was intensely loyal to his convictions and cared less to conciliate an oppo- nent than to maintain the truth. While he had an utter contempt for the vices of political and social life, he had a leaning towards the merciful in his judgment of the follies and weaknesses of humanity.
As a Judge should be, Mr. Fawcett was decisive and stern in his rulings, never allowing latitude to witness or lawyer under any circumstance. This incident will serve to illustrate the characteristic: While sitting as Judge of the Seventeenth District Court, engaged in the trial of one of the suspected murderers of T. W. More, he was met by a protest from Creed Haymond, J. M. Brooks, and W. W. Allen, Attorneys for defendant, that Fawcett was no longer Judge, having vacated the posi- tion by becoming a member of the Constitutional Con-
vention. Whereupon the Judge fined them $250 each for contempt of Court, alleging that it was not their province to determine whether the de facto Judge was so by law or not. The attorneys entered affidavit that they had no intention of casting contempt upon the Court, but were acting solely in the interests of their client.
It seemed that Allen, one of the Attorneys mentioned, had not been admitted to practice in the court in which the trials were being had; whereupon he was fined an additional $250.
LOUIS M'MURTRY.
The Constitution adopted in 1879, wrought a radical change in the Judicial system of the State. District and County Courts were abolished and the Superior Court established in their stead; one Superior Court for each county, and in such counties as required them a number of Superior Judges were elected, each presiding over a department of the Superior Court for such county. Louis McMurtry was elected Superior Judge of San Luis Obispo County on a Union ticket, defeating W. McConaughy, the nominee of the Workingmen and New Constitution Parties. Judge McMurtry was a native of Kentucky, born in 1840, and a resident of San Luis Obispo since 1874. In 1877, he was elected District Attorney on the Democratic ticket, which office he filled until promoted to the Bench. The duties of his high office he conducted with skill and satisfaction until stricken with disease in 1882, and even then he struggled with his maladies and presided over his court when physical suffering rendered it exceedingly difficult and painful so to do. At last he succumbed to disease, dy- ing on the IIth of February, 1883, at his residence in- San Luis Obispo, leaving a widow, an accomplished and estimable lady, and several children. He was buried in the cemetery of San Luis Obispo, the funeral being con- ducted by the fraternity of King David's Lodge, No. 209, F. and A. M., of which he was a member.
The city and county offices were closed on the day of the funeral, and the Court House and rooms of the Judge were heavily draped in mourning for the deceased. At a meeting of the Bar, called to pay respect to his memory, Messrs. F. Adams, D. S. Gregory, McD. R Venable, and J. M. Wilcoxon were appointed a com- mittee to draw resolutions of respect and condolence; and the following were reported and adopted :-
The members of the Bar of San Luis Obispo County, sensible of the great loss they and the people of this county have sustained in the death of the Honorable Louis McMurtry, the late Superior Judge of the county of San Luis Obispo, have met together and do adopt the following resolutions :-
Resolved, That the members of the Bar are deeply im- pressed with the great loss which they and the commu nity have sustained in the death of the Hon. Louis Mc- Murtry, our late Superior Judge.
The courteous dignity of his manners, the integrity of his mind, his love of justice, and the ability with which he has ever discharged the duties of his office, inspired all with respect and admiration. We, with the people of the county, mourn his loss.
Resolved, That we most sincerely sympathize with the
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family of the deceased in their bereavement and deep affliction.
Resolved, That the Secretary of this meeting transmit a copy of these resolutions to the family of the deceased, and express to them the sympathy of this Bar.
D. S. GREGORY.
The decease of Judge McMurtry left a vacancy in the office of the Superior Court which it was incumbent upon the Governor to fill. The administration being Democratic the appointee was expected to be of that political party. Petitions were forwarded by friends of various gentlemen regarded as qualified for the position, the most numerously signed and most influential being in favor of Hon. D. S. Gregory, who received the ap- pointment from Governor Stoneman, and qualified for the office of Superior Judge of San Luis Obispo County February 16, 1883. The appointment was universally approved.
Judge Durrell S. Gregory was born in Mecklenburgh County, Virginia, in 1825, whence his family removed to Georgia, in 1830. At an early age he entered the office of Judge C. J. McDonald, at Monticello, under whom he read law assiduously for several years. Judge Mc- Donald was a conspicuous member of the Georgia Bar, and sat upon the Bench of the Supreme Court of the State. While yet a minor, young Gregory was admitted to practice in 1845, the Legislature having passed a special Act for that purpose. It was a fine compliment to the youthful lawyer.
Judge Gregory came to California in 1850, and settled in Santa Cruz County, where he practiced his profession with success and distinction until 1854, when he re- moved to Monterey County. His brilliant reputation followed him, and shortly after his appearance there, Judge Gregory was called to take a prominent part in the celebrated land case of Sanchez-Belcher, which at- tracted profound interest at the time on account of the bloody tragedies caused by the fierce litigation. He has also been the attorney in a number of the great land cases of the State, the reports of some of which make large printed volumes of many hundred pages each. As a counselor in questions of law, particularly where relat- ing to land and the confused titles derived from the Spanish system, he is regarded as without a superior in the State, as in these measures he has been a close stu- dent and has had an extensive practice. Being convers- ant with the Spanish language he has been enabled to extend his researches in the archives and law books of the Mexican period, and to practice successfully with that people.
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