History of Santa Clara 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, Part 13

Author: Sawyer, Eugene Taylor, 1846-
Publication date: 1922
Publisher: Los Angeles : Historic Record Co.
Number of Pages: 1928

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HISTORY OF SANTA CLARA COUNTY

fiery and irrepressible and paid not the slight- est regard to the orders and rules of the Court. One day Stewart's wrath at Yoell's actions exceeded all bounds. One fine for con- tempt was succeeded by another until the amount reached a thousand dollars. Then Stewart used language unfit for print. The at- torney replied by throwing an ink bottle at the Justice's head. Stewart dodged the missile, then got to his feet. "I will adjourn Court five minutes," he said, "while I lick the" (the words are unprintable). Putting on his hat and grasping his cane he started for the bench. Yoell, realizing that Stewart meant business went out of the door like a flash and tore up the street. Stewart, raging like a mad bull plunged after him and business on Santa Clara street was suspended while the chase contin- ued. But Yoell was the better sprinter and a physical conflict did not take place.

While Stewart was holding court on South Market street, Jo Johnson, a Southerner, who had been bailiff of Judge Redman's court, was administering justice on the lower floor of the old city hall on North Market street. J. Al- exander Yoell and W. H. Collins were legal rivals in a petty case. Yoell's exasperating tactics so wrought upon Collins' nerves that the two attorneys soon came to blows. While they were rolling upon the floor like two angry cats Johnson left the bench, cane in hand, and standing over the combatants regarded them for a moment with an amused smile. Then he raised his cane and whack! it came down on Yoell's head: Yoell ceased to struggle and lay still. Then Collins got to his knees and was about to speak when whack! from the cane and Collins straightened out and for a time ceased to take any interest in court room af- fairs. Later, when heads had been bandaged fines were imposed only to be remitted when humble apologies had been made.

The County Court went out of existence with the adoption of the new constitution in 1879. The judges were as follows : J. W. Redman, R. B. Buckner, John H. Moore, Isaac N. Senter, Lawrence Archer, R. I. Barnett and D. S. Payne.

The first grand jury of the county was com- posed of the following persons: Charles White, foreman; James F. Reed, William Campbell, David Dickey, William Higgins, G. W. Bellamy, Jeptha Osborn, J. W. McClel- land, Arthur Shearer, C. Campbell, Lewis Cory, W. G. Banden, James Murphy, R. M. May, James Appleton, Carolan Matthews, F. Lightston, W. Hoover, C. Clayton, J. D. Curd.

The first court house was the old Juzgado, fronting the plaza, which at that time extend- ed north to or beyond First Street. It was not well adapted to the purpose and in 1850 the

court was removed to a two-story adobe build- ing on the west side of First Street opposite Fountain Alley. It occupied this building until the latter part of 1851, when it was for a short time held in the Bella Union building on Santa Clara Street. From there it went to the State House building, near the corner of Mar- ket and San Antonio streets, where it re- mained until that building was burned down. It then went into temporary quarters at the city hall, then located on Lightston Street, be- tween Santa Clara and El Dorado. In the meantime the county had purchased a lot at the southeast corner of Second and Santa Clara Streets and the buildings were fitted up to accommodate the county offices and courts. Here the department of justice rested until 1868, when it took quarters in the Murphy block at the southeast corner of Market and Santa Clara Streets. Its stay here was only for a few weeks, for in the same year the present court house was completed and ready for occupancy.

The Third Judicial District bench was occu- pied by Judges Watson, Hester and Sam Bell McKee. The legislature of 1871-72 created a new judicial district, which was called the Twentieth and composed of the counties of Santa Clara, Santa Cruz and Monterey. Hon. David Belden was appointed judge of the new district and he remained in the position until the reorganization of the judicial system in 1880. Under the new system Santa Clara county was allowed two judges, and at the election in 1879 David Belden and Francis E. Spencer were chosen. The great learning and sound reasoning of these two jurists gave the bench of Santa Clara County a reputation sec- ond to none in the Union. Many times had these learned judges been called upon to pre- side at trials of important cases elsewhere, and hardly ever was the calendar called that it did not disclose some suit of magnitude sent to them for adjudication from other counties. Judge Belden died May 14, 1888, and a few years later Judge Spencer passed to his re- ward. At Judge Belden's death the whole state mourned. While his wonderful learning excited admiration and his strict integrity in- duced respect, no less did his warm, sympa- thetic nature command the affection of all with whom he came in contact. He was simple in his habits and unostentatious in his appear- ance. Any one could approach him and draw at will on his great stores of knowledge, while neither his heart nor his purse was closed to a tale of distress. Judge Spencer said of him : "He was a truly remarkable man. Many have gone before him whose legal attainments have been equal to his. Others may have equally possessed the treasure of masterly eloquence,

HISTORY OF SANTA CLARA COUNTY

but it has never been my fortune to find com- bined in any other person so many rare and glowing qualities of heart, brain and personal accomplishments. As an orator it has been truly said of him that he possessed 'a tongue of silver'; his command of language was won- derful, his selections beautiful and most happy. He was wont at times with his bursts of eloquence to hold his listeners delighted and entranced. Although his delivery was rapid, he never hesitated for an apt word or sentence. His words came skipping rank and file almost before he would. As a jurist he had few superiors. Well grounded in the ele- ments of law, and conversant with the mass of judicial precedents, he added that rare percep- tion of principles applicable to any given set of facts, and that peculiarly incisive power of reasoning that makes the true lawyer. He was a just judge, a wise interpreter of the law and evidence, and withal simple and unassum- ing in manner and sympathetic almost to a fault."

Judge Spencer was a man of profound legal attainments. He was admitted to the bar in 1858 and in 1863 was appointed city attorney, a position he held for seventeen years. Here he made a record that established his reputa- tion for legal learning and as a man of great resource. In two suits he not only relieved the city from indebtedness but removed the last cloud from the title of every foot of land in the city. He held the office of district at- torney for two terms and refused a nomina- tion for a third. In 1871 he was elected a member of the Assembly and was made chair- man of the judiciary committee of that body. One notable peculiarity of his work was the care with which he prepared his cases for trial. No point was too insignificant to be thorough- ly investigated and the law and the authori- ties thoroughly collated. All his knowledge, which included anatomy, engineering, geol- ogy, metallurgy and mechanical appliances, he carried with him to the bench. Besides his great learning and sound judgment, two other qualities stood out prominently in his administration of justice-the firmness and dignity with which the affairs of his tribunal were conducted and the uniform courtesy which was extended from the Bench to the Bar and to all others who appeared in his court. When the Leland Stanford Jr. Uni- versity was established, Judge Spencer was selected as a member of the board of trustees and how well he served the university every person of intelligence in Santa Clara County knows.

At the death of Judge Belden, John Rey- nolds, one of the leaders of the San Jose bar,

was appointed in his place. He, too, has been dead for many years. He was methodical, painstaking and careful, while his learning and high character eminently fitted him for his appointment to the bench.

In 1897 another change in the judicial sys- tem of Santa Clara County took place. The Superior Court was given three judges, in- stead of two. Upon inauguration of the new system, the business was divided so that one court did all the probate business, a second the criminal business and the third, the civil busi- ness, though each department could handle business of either of the other two depart- ments, in case of overflow. The judges of the Superior Court under the newest system are as follows: A. S. Kittredge, Judge A. L. Rhodes, W. G. Lorigan, S. F. Leib, H. D. Tut- tle, John E. Richards, J. R. Welch, M. H. Hy- land, P. F. Gosbey and W. A. Beasly. Kit- tredge was appointed by the governor as the first judge of the new department. At his death in 1899 Judge Rhodes was appointed to the position and held it until he resigned. His place was filled by John E. Richards, who ad- ministered justice from the bench until pro- moted to be judge of the Appellate Court. Leib and Tuttle served each but short terms to fill a vacancy in Department 1, caused by the election of Judge Lorigan to the Supreme Bench in 1903. The judges on the bench at this writing (1922) are J. R. Welch, P. F. Gos- bey and F. B. Brown.

Judge A. L. Rhodes, who died in 1919, aged ninety-seven years, was one of the ablest jur- ists in the state. As the oldest member of the California bar he enjoyed the love and admira- tion not only of the bar but also of his fellow- citizens, irrespective of class, condition or re- ligion. He was a pioneer lawyer in San Jose when he was elevated to the State Supreme Bench, a position he held for several terms. He had gone into retirement when he was called upon to assume judicial duties in the Santa Clara County Superior Court and he could have held the position to an indefinite period if his age had permitted. The whole bar of the state went into mourning when his death was announced.

Judge Lorigan, who died in 1918, while holding office as a supreme judge, was one of the most popular jurists Santa Clara County ever produced. He was a graduate of Santa Clara College, studied law in San Jose, did newspaper work on the side, served as justice of the peace and superior judge and estab- lished such a record for probity and learning that his appointment to the Supreme Bench was generally applauded. Honest, faithful and well-beloved, he met death bravely.

CHAPTER V.

Topography and Geology-History of the New Almaden Mines-Crime in the Early Days-The Mineral Springs of Santa Clara County-The Oil Development.

The great Santa Clara Valley is but a por- tion of that vast plain that stretches from the Golden Gate on the north to the old mission town of San Juan on the south, a distance of ninety miles. When first peopled the whole was known as San Bernardino. It is oval in form and attains its greatest width near Mt. Bache, where it is about fifteen miles. About four miles from San Jose and apparently forming a barrier across the valley are a chain of low hills called the Hills of Tears. But the obstruction is only apparent. About eight miles from this point the valley contracts to a width of about three miles and so continues for some six miles, when it again expands to a breadth of nearly six miles and then sweeps out to end a few miles beyond Hollister in San Benito County.

A chain of mountains hems in the valley on either side, running northwest and southeast. From the time of its entry into the county the eastern range rapidly rises, becomes broader and very rough, having many elevated points about it until it culminates on the summit of Mt. Hamilton, nearly east of San Jose and 4,443 feet above the level of the sea. The range then decreases in height to Pacheco Pass, east of Gilroy, the loftiest point of which is 1,470 feet. The western range near the famous New Almaden mines is crowned by two magnificent peaks that stand like stal- wart sentinels guarding the precious treasures which lie concealed in the yet unexplored storehouses of their lesser brethren around.

In the canyons and slopes of the western chain are to be found growing in full vigor the useful redwood (Sequoia sempervirens) as well as many oaks and madrona. On the eastern range comparatively few trees are found, but its swelling undulations, pictur- esque ravines and wealth of natural beauty, pleases the eye and affords a marked contrast to the forests of the other side.

At a distance of about twenty-five miles from San Jose Coyote Creek has its birth, and after springing into vigor leaves its cradle, joyously leaping and splashing among the roots of trees and playing around the smooth worn sides of boulders until it reaches the pastoral valley, where it assumes a more staid demeanor and languidly flows in many a

curve, at last finding an end in the waters of San Francisco Bay.

The next most important creek of Santa Clara County is the Guadalupe, so named after the patron saint of Mexico. It rises in the Sousal, about three miles southwest of San Jose, is fed by many tributaries and streams and runs in a northerly direction until it comes near the city, where it takes a north- easterly course and empties into San Fran- cisco Bay near the mouth of the Coyote. Other streams are the Los Gatos, having its source in the Santa Cruz Mountains, and emptying into the Guadalupe at the foot of Santa Clara Street ; the Almaden, the Llagas and the Uvas, south of San Jose and the Santa Ysabel, Smith Creek and the Arroyo Honda in the eastern foothills.

The geological and mineralogical features of Santa Clara County are of no little impor- tance. Beginning with the eastern foothills there is a center of metamorphic cretaceous rocks, flanked by an enormous thickness of unaltered cretaceous strata, the latter consist- ing of sandstone with inter-stratified shales. A coarse conglomerate, the boulders in which are metamorphic rock, differing from that comprising the main mass of the mountains, is to be found on the outer margin of the hills toward the San Joaquin plains. The unaltered tertiary and cretaceous strata flank the entire range on the eastern side as far north as its junction with the Sierra Nevadas. The ab- sence of the tertiary is marked by the precipi- tous nature of the range where it joins the plains, as opposed to the low-rolling hills where the tertiary overlies the cretaceous.

Along the eastern flank, the tertiary, as far as known, rests conformably upon the creta- ceous. The metamorphic rocks have the same general character, being marked by jaspers, serpentine and occasionally, mica slate. Their limits are well indicated by the growth of for- est trees. The summit of Pacheco Pass, as well as of those of other and higher peaks in a line crossing the range obliquely to the south- east, are of trachyte. This is the first known appearance of eruptive rock in the main Mount Diablo Range south of Suisun Bay. The tertiary is more extensively developed on the western than on the eastern side toward

HISTORY OF SANTA CLARA COUNTY

the north. The hills bordering the Santa Clara Valley on the east belong to this period. The rocks are altered in places. A tertiary ridge extends to the northwest, separating Santa Clara and Calaveras Valleys.

The geology of the belt of elevated land be- tween Santa Clara Valley, the Bay of San Francisco, and the ocean, is rendered some- what complicated by the intrusion of granitic rocks among the unaltered cretaceous and ter- tiary strata of which these hills are chiefly formed. Besides this geological formation, rocks similar in lithological character to those in the Mt. Diablo Range are found. Fossils sparingly are shown. A metamorphic belt ex- tends from Redwood City, San Mateo County, to the southeast for a distance of about forty miles, forming the eastern end of the ridge and the summit of Mount Bache, 3,780 feet in height, and of other high points. Limestone in detached masses occurs at several places throughout this belt. Evidences of what was once, in all probability, a complete limestone belt, are found at various places, from the summit of Black Mountain, back of Mountain View, to as far south as the New Almaden mines, which lie in a ridge northwest of that formed by the metamorphic mass of Mounts Bache, Chaoal and others. It is to be seen on Los Gatos Creek, dipping to the northeast, and is less altered there than at other places where it is hard and compact, though not crystalline.

The New Almaden Mines.

By far the most interesting and important feature of the range is the presence of the ex- tensive deposits of cinnabar in the metamor- phic cretaceous rocks at the New Almaden mines, fourteen miles southwest of San Jose and lying in a ridge east of the main range.

The history of the mines has never been presented in better form than by the late Mrs. Carrie Stevens Walter, mother of Roy Walter, city auditor, Mrs. Charles M. Shortridge of Oakland, and Mary Walter of Los Angeles. It appeared in a handbook of Santa Clara County published by E. S. Harrison in 1887 and is as follows :

"Almaden-from two Arabic words, al, 'the', and maden, 'mine'-was given to the most fa- mous quicksilver mine in the world, located in Spain. Its namesake in Santa Clara County, having no superior, with the single exception above mentioned, deserves more than a pass- ing notice in a work of this character. The New Almaden quicksilver mine is situated about fourteen miles southwest of San Jose, in a low range of hills running parallel to the Coast Range. Tradition states that this mine was known to the native Indians nearly a cen-

tury ago, and that they used the ore to form a pigment paste by pounding and moistening it. In 1824 the existence of the mine was made known to Don Antonio Sunol, who worked it for silver, but not finding this metal, and not suspecting the real nature of the deposit, abandoned it at the end of a year. In Novem- ber, 1845, a Mexican officer named Andres Castillero, visiting at Santa Clara Mission, was shown some of the ore, and while experi- menting for silver, discovered quicksilver. He at once filed his right to the mine as a discov- erer, according to the Mexican and Spanish law, after which he formed a stock company, dividing the mine into twenty-four shares. An American named William G. Chard was then employed, who commenced the reduction by charging a gun barrel with small pieces of ore, stopping the vent with clay, placing the muz- zle into a barrel of water and building a fire around the other end. The mercury, being driven off by the heat in the form of a vapor, passed out at the muzzle, was condensed in the water and precipitated in the form of liquid quicksilver. Three or four gun barrels were thus employed for several weeks. Six whalers' try-pots were next obtained, capable of holding three or four tons of ore, and a sort of furnace formed by inverting three over the other three, by which some two thousand pounds of metal were reduced. About this time-1846-the mine was visited by Captain Fremont, who established its value at $30,000. Soon after this Barron, Forbes & Co., of Tepic, Mexico, became the principal stock- holders and in 1847, J. Alexander Forbes, of the firm, arrived with laborers, funds and ev- erything necessary to the proper working of the mine. A thorough examination gave so much promise that work was prosecuted with vigor. In 1850 furnaces were first constructed and large quantities of ore reduced under the superintendence of the late Gen. H. W. Hal- leck. As the true value of the mine became apparent disputes concerning the title arose. The company bought in two titles for protec- tion. But matters became so complicated that in 1858 an injunction was placed on the mine, which remained until February, 1861, during which time no work was done. In 1864 the company disposed of the mine and all the im- provements, including, 8,580 acres of land, for $1,700,000, to a company chartered under the laws of New York and Pennsylvania, as "The Quicksilver Mining Company.'

"The workings of the mine past and present extend over an area the extreme limits of which could barely be included within a rect- angular block 5,000 feet long from north to south, 6,000 feet wide from east to west and 2,300 feet in depth, counting from the summit

HISTORY OF SANTA CLARA COUNTY

of mine hill, the upward limit of the ore de- posit. The workings do not cover all the area here indicated, but are very irregularly distributed within it. Mining experts will readily understand from this, but also from the fact that ore bodies seem to obey no spe- cial law of distribution, but are a puzzle to geologists, the difficulty offered in the work- ing of this mine. In its famous rival, Almaden of Spain, the ore bodies are placed with re- markable regularity, increasing in richness as depth is obtained, and all included in a rect- angular block 700 feet long by 350 broad, and 1,027 in depth. It may be interesting to pur- sue this comparison a little further. For in- stance: The average salary paid to workmen at the Spanish mine is sixty cents per day ; at the New Almaden, about two dollars and forty cents. The number of workers employed at the Old Almaden, 3,126; at New Almaden, 460. The yield per ton of ore at New Al- maden average more than twenty pounds of quicksilver ; at Old Almaden the general av- erage is about 200 pounds of quicksilver to the ton; the average cost of extracting per flask of seventy-six and one-half pounds at Old Almaden is $7.10; at New Almaden the cost is $26.38. It is safe to affirm that had the Spanish mine the same difficulties to overcome in working as are encountered at New Al- maden, it would long since have shut down, despite the Rothschilds, it lessees. These facts naturally lead one to inquire something of the management of the Santa Clara County Al- maden. The mine came under the control of J. B. Randol in 1870. At that time there was an interest-bearing debt against the property of $1,500,000. The amount of ore in sight was discouragingly small, the extraction very costly and the stockholders were so pushed to carry on the workings of the mine that they were compelled to raise $200,000 by subscrip- tion. The systems of working the mine were crude and expensive, furnaces and condensers imperfect, and the mine developed only to the 800 foot level, with one main shaft. Much of the ore was brought from lower to higher levels in bags made of ox-hide, carried by Mexicans by means of a strap over the fore- head-from 140 to 200 pounds being conveyed at a load. In 1886, exploration and exploita- tion had been made in mine shafts, six of which were in active operation ; there is a net- work of underground passages aggregating nearly fifty miles in length; mining work is carried on to a depth of 2,300 feet, while the machinery is the most complete and econom- ical in the world. In those sixteen years 318,- 000 flasks of quicksilver have been reduced, over $5,000,000 disbursed for labor, and yet with a total profit to the owners of more than

$4,000,000. The funded debt has been paid, large amounts expended in permanent im- provements and over $1,000,000 declared in dividends. Up to 1887 more than half the world's supply of quicksilver came from Cali- fornia. A greater portion of this came from New Almaden.

"In those earlier days the social condition of the workmen, who were mostly Mexicans, was inferior. The place was noted for law- lessness and was a rendezvous for Mexican banditti. Little restraint was exercised over the men and gambling, drinking and other ex- cesses were common. Large wages were paid and it was no uncommon occurrence for a man to be killed after pay day. Then there were no advantages of church or schools. Water for drinking and cooking was carried on donkeys and sold by the pailful."

Crime in the Early Days. -

The historian will leave Mrs. Walter's des- cription for awhile to refer to some of the law- less characters who held forth at New Al- maden in the early days.

In 1855 a quartet of outlaws, with head- quarters at New Almaden, terrorized Santa Clara County. The leader was one Francisco Garcia, commonly called "Negro" Garcia on account of his Afro-Mexican origin, and his associates were Indian Juan, Blas Angelino and Sebastiano Flores. In the fall of 1855 In- dian Juan concluded to turn over a new leaf. He would sever his connection with the gang, go to Mexico and lead an honest life. This intention was communicated to Garcia and a demand was made for a division of the spoils acquired in the band's many raids. Gar- cia refused to . make the division and hard words following culminating in Indian Juan's threat to go to San Jose and give himself up to the officers. Garcia, fearing that Juan would expose the lawless operations of the quartet, resolved to get him out of the way. On the 15th of December Garcia and Blas Angelino waylaid and killed Juan. Flores had been asked to assist in the affair and had re- fused. He was, however, a witness to the kill- ing which was done so suddenly that he was unable to prevent it. This was the story he told when he appeared before S. O. Houghton, mayor of San Jose, and swore to a complaint charging Garcia and Angelino with murder. Angelino was arrested, tried, convicted and hanged. Garcia escaped and for seventeen years kept out of the way of the officers. In 1872 Sheriff John H. Adams, of Santa Clara County, learned that the fugitive was in Los Angeles. A telegraphic warrant led to the ar- rest. The prisoner was brought to San Jose

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History of Santa Clara 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, Part 13

Author: Sawyer, Eugene Taylor, 1846- Publication date: 1922 Publisher: Los Angeles : Historic Record Co. Number of Pages: 1928

Author: Sawyer, Eugene Taylor, 1846-
Publication date: 1922
Publisher: Los Angeles : Historic Record Co.
Number of Pages: 1928