USA > California > Santa Barbara County > History of Santa Barbara county, California, with illustrations and biographical sketches of its prominent men and pioneers > Part 104
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was assured, and then it was done for saving his associates in crime. Be this as it may, I believe it my duty to consider what effect his conflicting testi- mony would have had upon the jury bad it been pre- sented to them. Five members of the jury, who tried the case, signed a petition for executive clem- ency. Afterward nine of the jury signed another memorial, saying that those of them who signed the petition did so because of an appeal made by friends of the prisoner, to their sympathies, and they now wish to retract the recommendation, and re-affirm their verdict. The other three members who were upon the jury, have remained silent, or have stated that ' without the testimony of Jones, the jury could not have arrived at the conclusion it did, and that had Jones' true character been known to the jury, his statements would not have had the weight of a feather in their deliberations, and the probabilities are that Sprague would have been to-day a free man.' The detective who worked up this case, and materi- ally aided in procuring the testimony of Hickerson. states that since it has come to his knowledge that, while Hickerson was a member of the grand jury, he was in the alleged confession of Sprague to him. Ile now questions the truth of ITickerson's statement, and has grave doubts as to the guilt of Sprague. Prominent citizens of the State and personal friends have called upon me, and many letters have been received, urging that I do not interfere in the case, but to let the law take its course. Otherwise they fear it will encourage others to commit crimes with the hope they may escape just punishment. Peti- tions have been received from many thousands, in- cluding nine-tenths of the names upon the Great Register of the county where the crime was com- mitted, asking for the pardon of the defendant, or at least a commutation of the sentence that has been pronounced against him. While I have given all the petitions a respectful hearing and a careful consider- ation, I have endeavored to be guided in my conclu- sions by the evidence on the transcript before me.
"Although it has been admitted by some who urged that the sentence of the court, as pronounced, should be executed, that at this time they much doubt, if a new trial were granted, that it would be possible to convict defendant. I have not considered the asser- tion, but have endeavored to confine myself to the evidence, as presented at the trial. And not here considering the question, if the defendant, through any cause, has been deprived of a review of his trial by the Supreme Court, that, had all the coafficting statements made by Jones at subsequent trials, and his own confessions that he had been a snborned wit- ness and had sworn falsely, been presented to the jury in this case, there would have been such a shadow cast upon all the testimony that, had the jury found him guilty of murder, they would, as in the case of Chrlee, given Spragne the benefit of a doubt, and affixed the penalty at imprisonment for life, instead of death. Deeply impressed, as I am, by the great power that has been delegated to me by the people, and fully realizing the responsibility of the case, I am convinced it is my duty to commute the sentence of F. A. Sprague from death to impris- onment during his life, in the State prison."
The accused were permitted to go ont free. No other persons were ever arrested, none looked for. No person, lawyer or simple citizen, ever for a moment thought of looking further for the murderers. The public verdict may be summed in the words, "guilty.
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but not proved so." There is but one conclusion possible in the matter: The act was approved by so large a portion of the people, that conviction was impossible ..
The whole matter is a blot upon the fair fame of Ventura County. . But before we proceed to pro- nounce judgment. let the reader put himself in the place of either party. More undoubtedly bought the Sespe under the belief that he was getting six leagues, and like almost every man, wanted what he had paid for, and with his accustomed energy and decision, set about keeping it. The settlers thought they were on Government land, and determined to maintain their rights. The strongest element in man's character is the love of home. It overrides justice and law; is older than law; it is contemporary with life. When it is assailed, all his furious nature is aroused, and all kinds of crime come in the natural course of events. The wisest and best being who ever lived on earth, said: "Lead us not into tempta- tion." The source of the temptation is in our deficient land system, which makes large land-holdings and landless people possible.
CHAPTER XLIV.
THE BAR.
The Hon. Joaquin Carrillo-The Hon. Pablo de la Guerra- Augustus F. Hinchman-Albert Packard-Charles E. Huse -Charles Fernald-Eugene Lies-Edward S. Hoar-Eugene Fawcett-John Francis Maguire-S. R. I. Sturgeon-Milton Wason-Walter Murray-R. M. Dillard-J. T. Richards -- O. L. Abbott-Judge J. D. Hines-Thomas McNulta-B. F. Thomas-C. A. Thompson-S. A. Sheppard-W. E. Shep- herd-A. A. Oglesby-C. W. Goodchild-Judge D. P. Hatch -Orestes Orr-James L. Barker-Col. A. J. Cameron-W. T. Williams-B. T. Williams-L. C. McKeeby-John Haralson-R. C. Carlton-Hon. C. A. Storke-Paul R. Wright-R. B. Canfield-Charles N. Bledsoe-J. H. Kin- kaid-W. C. Stratton-F. Leslie Kellogg-John J. Boyce- E. S. Hall-N. Blackstock-J. Marion Brooks-E. B. Hall -L. C. Granger- - Requa-Caleb Sherman.
THE publishers of this work, in their historical pub- lications, have generally given an especial account of the members of the legal profession. The unsettled state of portions of California, and the absence of all law but that of might, in the earliest days, rendered the establishing of law and order peculiarly difficult. The lawless element, or those whose business it was to live on the industry of others, as well as those who loved the license that the absence of law gave them, desired the postponement of courts as long as possi- ble; while those who were willing to render unto every man his own, had little confidence in the integ- rity of the officers who had to be chosen, in a some- what irregular manner, which sometimes resulted in putting into office men who were utterly unworthy of power. The writer of this work, during a residence of a third of a century in the State, has more than once seen a man elected to the position of magistrate
for his known sympathy with the criminal element, and an apparent willingness to let the mob have its way. In such cases justice becomes a farce; but the law-abiding man-he who expects to derive peace and security to his rights of person and property in the just observance of wholesome laws-will rather sacrifice something to the form of law than appeal to an irresponsible power, such as the public assembly usually is, knowing that the first has a tendency to the ultimate establishing of law and order, while the latter certainly tends to abrogate all law; for when . once an appeal is made to lynch law, however just the verdict given may be, the worst element of society is sure to find excuse and justification to wreak ven- geance and wrong on estimable citizens, on insignifi- cant provocation. The lawyer who, under such cir- cumstances, comes boldly forward and asserts bis confidence and trust in law courts as a settlement for difficulties, and becomes, to some extent, a martyr to justice by sacrificing present popularity for the public good, deserves an honorable mention in history. In most counties the historian has found bright exam- ples of such men, who risked popularity, and even life, in defense of law and order. Santa Barbara County has been found no exception. The names of Hinchman, Huse, Lies, Fernald, Hoar, Packard and others shine brightly in the attempts to bring about peace and security. In this they were ably seconded by the principal Spanish families, who had little sym- pathy with the class who are ever ready to violate the law when personal advantages are to be gained, or when personal affronts are to be avenged, and who appeal to law only to make it a shield against punishment. Blackstone defines law to be the per- fection of common sense. While the almost heredi- tary magistrates, the Hon. Joaquin Carrillo and- Judge Pablo de la Guerra, who so long presided over the courts, had little knowledge of law forms, they had an abundance of good common sense, which enabled them to administer substantial justice; and with the assistance of the legal gentlemen above mentioned, pay due observance to law forms, and thus lay the foundation for that peace and security for life and property which has been so distinguished a feature in the history of the county.
THE HON. JOAQUIN CARRILLO,
Who resigued his place as County Judge, to become District Judge, was the son of Domingo Carrillo, who was the third son of Raymundo Carrillo, the founder of the family in Santa Barbara, and the first commandante of the Post. To him, perhaps not less than to Pablo de la Guerra. was due the deference which the Spanish race paid to the American law which was imposed on them. He was the District Judge for fourteen years, being appointed in 1852, to fill the unexpired term of Judge Teft, who was drowned at Port Harford.
Judge Carrillo had no knowledge of the English language, and all that was in English had to be
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translated for his benefit. It is said that he relied mostly on Charles E. Huse for his proceedings. Judge Carrillo is remembered with respect by all.
MON. PABLO DE LA GUERRA
Occupied the position of District Judge after 1866, until near the tinte of his death, when Walter Mur- ray was elected. Au extended notice of Judge de la Guerra is found on page 144, which gives a full account of his career.
The remaining members of the Court are men- tioned in the list of attorneys.
AUGUSTUS F. HINCIMAN
Was from the Eastern States, and had the benefit of a classical education; and in addition to his law prac- tice, devoted some of his time to the advancement of schools in Santa Barbara. He was employed in some very important land cases, notably that of T. Wal- lace More, in pressing his suit before the United States Commissioners and courts for the Sespe Rancho. He did not remain in Santa Barbara long. He is now a distinguished land lawyer in Washing- ton.
ALBERT PACKARD
Is a native of Rhode Island, born about 1820. He was raised to the shoe-making business, which is said. for some unknown reason, to be conducive to mental development-a shoemaker, according to tradition, being always ready to pick up the cudgels of argu- ment or sarcasm. At any rate, the trade has fur- nished very able men to the world, among whom we find Roger Sherman, Heury Willson and others whom the reader will readily call to mind. Mr. Pack- ard had an extensive travel before coming to Califor- nia, having engaged at one time in business in South America. Upon arriving at Santa Barbara, he be- came engaged in real estate speculations which left him possessed of much valuable property in the vicinity. He is at present residing in San Francisco, atlending to his extensive land matters.
CHARLES E. HUSE
Has already recived mention in this volume; bnt. as in some other cases, it seems necessary to speak of him again, to make the record of the Bar complete. The following brief memorandum of his life has been received sinee the first notice went to press :-
He was born in the town of Newburyport, Massa- chusetts, March 1. 1825, his parents being Enoch and Hannah Woodman Huse. His father died at the age of sixty, and his mother at the age of eighty-eight. The Huse family generally attain a great age. The progenitor of the family in New England was Abel Huse, who emigrated from London in 1632. Several of the Huse family held high rank in the Revolution- ary War.
Charles Huse, the subject of this biography, grad -* uated at Harvard College, in the class of 1848, Ed-
ward Everett being the President at that time. Mr. Huse commenced the study of law in the office of the Hon. Peleg Sprague, United States District Judge, but did not finish the usual course, coming to California in the year 1849, and locating three years later in Santa Barbara, where he has since resided. He was appointed County Clerk. April 14, 1852, and performed the duties of that office-also those of Recorder and Auditor at the same time, without any deputy -and was also Deputy Postmaster. In the general election of 1852, he was chosen to the As- sembly. He was admitted to practice in the District Court of the Second Judicial District, October 17, 1853, and to the Supreme Court in 1855; and in Oe- tober, 1864, to the United States District Court, and May 4. 1866, to the Circuit Court of the United States, as attorney, solicitor, counselor and proctor.
HIe often officiated as City Attorney, Member of the Common Council, etc. December, 1854, he was appointed District Attorney by the Court of Sessions, and elected and appointed to the same office for six years. The reasons for these appointments have been mentioned in the previous part of this volume. He also acted as Treasurer when the county bonds were to be issued for the building of the county road men- tioned on previ. us pages. The Treasurer, who was opposed to the construction of the road, resigning, to make a confusion or delay, Mr. Iluse, with the assist- ance of the Board of Supervisors, made good the vacancy, being appointed Treasurer, and the bonds were issued on time, although the whole matter of appointment, procuring bonds for the faithful per- formance of duty. and the issuance of county bonds with coupons attached, had to be done in twenty- four hours.
For further particulars, see account in the general history. page 166.
HION. CHARLES FERNALD,
Who acted so large a share in the history of Santa Barbara through a period of over a quarter of a century, is fully noticed in connection with his por- trait, facing page 36 of this volume. It may be said of him, in addition to the biographical notes accom- panying his portrait. that he is at this writing the efficient Mayor of Santa Barbara, advocating all the improvements necessary to the peace, prosperity, and health of the city, including that most needed of all, a system of sewerage.
EUGENE LIES'
Name was common in the early history of the county, being one of the few who had a knowledge of law forms and the practices of courts. Hc officiated as Treasurer, Assessor. County Clerk and District Attorney at different times, and was once a member of the Legislature. He wasa man of considerable talent but had some social habits that did not add to his usefulness. He died in San Francisco many years since.
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HISTORY OF VENTURA COUNTY.
EDWARD S. HOAR,
Whose name occurs in the early history of the county, is a native of Boston, and a member of the family that has furnished so many distinguished statesmen of that name. When Fernald came to Santa Barbara, he found Hinchman, Hoar, Huse and Lies pleading law and trying to model the courts of justice somewhat after the New York practice. Hoar had some social habits at the time that rather mili- tated against his advancement, but he was consid- ered by all as a man of undoubted talent. He remained but a few years in Santa Barbara, when he returned to Boston, in the vicinity of which he was still residing at the last accounts, engaged in agri- culture.
JUDGE EUGENE 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 as a member of the editorial staff of the Herald. On the breaking out of the war between Chili and Spain in 1865, he visited South America, as the special corres- pondent of the Herald, remaining there until the latter part of 1866 when he returned to New York, retain- ing 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 indicating 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, 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 Con- stitutional Convention while still District Judge, on which account his eligibility to the Convention was contested on the ground that no man could constitu- tionally 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 delegates 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 Convention indorsed the action of the committee by a vote of 74 to 49, being nearly a party vote.
In September, 1879, Mr. Fawcett was elected Su- perior Judge, taking his seat Tuesday, January 6, 1880, and dying three days later.
" He was universally lamented and many marks of respect 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 de- lighted to bonor, and which has found its best illustra - tions in the lives of Garfield and Lincoln. Rough even to brusqueness in his manner, it was because he was intensely loyal to his convictions and cared less to conciliate an opponent than to maintain the truth. While he bad an utter contempt for the vices of politi- cal and social life, he had a leaning towards the merci- ful in his judgment of the follies and weaknesses of humanity. As a Judge he swept away, as with a besom, the technical cobwebs with which modern practice has surrounded the profession of the law, and, with an instinct and power born of his love of truth, grasped the principal points in a case and came into Court strongly intrenched in legal precedents. Per- sonally, he was rough hewn, of which, however, he was rather proud, and having a boundless disdain for a pretty man, as some found to their cost when they assumed any patronizing airs. He was of that rare class of men who are loved and trusted by women, feared and respected by men. If he had inherited a constitution that permitted long and persistent study and action, he would have left a name to be remem- bered in the annals of the nation.
Asa Judge should be, Mr. Fawcett was decisive and stern in his rulings, never allowing latitude to witness or lawyer under any circumstances. This incident will serve to illustrate the characteristic: While sit- ting as Judge of the 17th 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 defend- ant, that Fawcett was no longer Judge, having vacated the position by becoming a member of the Constitutional Convention, 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 men- tioned, had not been admitted to practice in the Court in which the trials were being held, whereupon he was fined an additional $250.
Judge Fawcett was held in the utmost regard by all the attorneys of his acquaintance. After his death, when some of the parties accused of the murder of T. Wallace More were on their second trial, the principal attorney for the defense saw fit to severely attack Judge Fawcett, not only regard- ing his decisions, but also as to his personal character. The attack was so outrageous that a meeting of the Bar of Santa Barbara was held to consider the matter. Resolutions were passed that the attack was indecent, violent, abusive, and false; that, considering that the
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subject was in his grave, it was foul, cowardly, vin- dictive, and inexcusable, not only maligning the memory of a pure and just man, but as wantonly injuring the feelings of his wife and family.
The resolutions were signed by all the members of the Bar.
Judge Fawcett's memory is held in veneration by all that knew him. Ile was of the stern and rugged mould that have an enduring fame.
FRANCIS JOHN MAGUIRE.
What a train of thought the name of this man starts. The long array of Irish patriots and states- men that have given their lives and fortunes to the welfare of the beautiful but ever-unfortunate isle- Emmett, O'Conner, O'Connel, and others-a long list who vainly exerted themselves to free Ireland, and whose efforts, except as they furnish incidents to inspire the future youth, seem lost.
He was born in the city of Cork, Ireland, in 1823, of excellent family, numbering warriors and states- men in its ranks. He had a brother in Parliament, and other relatives, as well as friends, in high places, and had only to give allegiance to the ruling power to have had wealth, honor, and position bestowed upon him. But, with a heart deeply sympathizing with the oppressed and downtrodden everywhere, he could ill become an agent in crushing still lower his unfortunate countrymen.
He joined the liberal or patriotic party, and advo- cated its principles so well that the Government determined upon his arrest and trial for the high crime of treason. He made his way to the United States, arriving in New York in 1848, and a few years later to California, making his home in Santa Barbara.
His natural facility in the acquisition of languages, soon made him the master of the Spanish language,
and as a natural sequence, the counselor and friend of the Spanish race on the coast. He did much to reconcile them to the different styles of land-holding and land laws introduced by the Americans. Ile was also instrumental in teaching them the duties as well as privileges of American citizens, and otherwise benefiting them.
In 1863 he was elected County Judge, to which position he was twice re-elected. serving until his death, which oceurred June 17, 1879.
A meeting of the Bar was called to pay proper respect to his memory. Resolutions recognizing his virtues as a man, his talent and honor as a Counsel and Judge, and his high principles as a citizen of his adopted country, were adopted, also a resolution of sympathy and condolence to the bereaved family.
A deputation of the Bar, consisting of B. T. Wil- liams, W. C. Stratton, R. B. Canfield, C. E. Huse, E. B. Hall, Paul R. Wright, C. A. Gray, and C. A. Thompson was appointed by request of the family to act as pall-bearers. He was a resident of the county twenty-six years; seventeen of which he spent in the public service.
He was broad and liberal in his views, warm in sympathy. and extensive in charity; a public bene- factor always ready to promote any public improve- ment, and was among the foremost in planning the erection of a permanent wharf, building the public roads, and urging the construction of a railroad. IIe was prudent in his discourse, courteous, yet firm, in manner, and as an officer, tempered all his judicial sentences with mercy and pity.
S. R. I. STURGEON
Was born in Eastport, Maine, in 1821. Going West at an early age he became a student at Lafayette College, in Pennsylvania, subsequently pursuing his law studies with Joseph S. Updegraff, of Sidney, Ohio. When the Mexican War broke out, Mr. Sturgeon enlisted as a non-commissioned officer and partici- pated in the hardships and glories of that contest. In 1849 he came to this coast, with the United States Mounted Rifles, from which he was transferred, on the beginning of the Indian wars in Oregon, to the First Dragoons, and served therewith until his dis- charge, in 1852. Again enlisting, he participated in the hostilities against the Rogue River Indians, in Oregon, and the Kahmiaka tribe, in Washington Territory. In 1857 he came to Los Angeles, mov- ing thenee in 1861 to Santa Barbara, where he has since resided. Engaging in the practice of law, he was, after a time, elected to the office of District Attorney, which he filled to the acceptation of the people. Mr. Sturgeon married Miss Ramona Valen- zuela in 1862, the couple now having a numerous family. Mr. Sturgeon has of late turned his atten- tion in part to agriculture, and possesses a fine ranch of several hundred acres of good land in the vicinity of Santa Maria.
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