History of Santa Clara County California with biographical sketches, Part 12

Author: Sawyer, Eugene T
Publication date: 1922
Publisher: Los Angeles : Historic Record Co.
Number of Pages: 1934

USA > California > Santa Clara County > History of Santa Clara County California with biographical sketches > Part 12

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

HISTORY OF SANTA CLARA COUNTY

tered the property in controversy beyond identification, and have thereby literally scratched the plaintiff's case out of court.'

"The first legislature of California, which met in the fall of 1849 in San Jose, provided the state with a judicial system, consisting of a Supreme Court and nine District Courts, which met in as many judicial districts throughout the State. The counties of Santa Clara, Contra Costa, Santa Cruz and Monte- rey constituted the Third Judicial District un- der this statute, and John H. Watson was ap- pointed its judge. Judge Watson was a man of considerable ability, but of not a very vast fund of legal knowledge. He it was who de- livered the famous and humorous charge to the jury at Monterey in the case of Dean vs. Mc- Kinley, and which has heretofore been record- ed. One day while the Judge was traveling from San Jose to Santa Cruz (to held court there) in company with several members of the bar of his district, among whom was R. F. Peckham, the latter began to poke fun at Judge Watson for his charge to the jury in the Mckinley case. 'Now, Peckham,' said the Judge, 'don't you think I do about as well as any one else who don't know any more law than I do?' 'Before I can answer that ques- tion, Judge,' answered Peckham, 'I would have to ascertain just how much law you do know.'

"'Well, to tell the truth, Peckham, 'I don't know any, for I never read a law book in my life.' 'Well,' laughed Peckham, 'I must say that for a judge who never read a law book you do remarkably well, but how do you manage to get along with your cases?' 'I'll tell you the secret, Peckham,' said Judge Watson, 'I make use of two presumptions in the trial of my cases. When I have heard the evidence I first presume what the law ought to be to do jus- tice between the parties, and after I have set- tled that presumption I next presume that the law is what it ought to be, and give judg- ment accordingly.'

"Here is another instance of Judge Wat- son's affection for presumptions. One day James M. Jones was arguing a case before Watson, which involved some proposition of the old Spanish law. Watson didn't understand Spanish, and hence Jones had to both read and translate the law which he claimed would sustain his case. Judge Watson didn't like the law which Jones was evolving from the Span- ish text and after awhile he said: 'Mr. Jones, the Court has no doubt that you are correct- ly translating that statute and that it at one time was the Spanish law; but that statute is so absurd and unjust as applied to the facts in this case that the Court is going to pre- sume that the law you are citing has been re-

pealed.' Of course such presumption was in- disputable and Jones lost his case.

"The term of Judge Watson's service on the district bench was ended in 1851 by his sud- den resignation and return to the practice of law. John H. Moore was then district attor- ney, and being a young, vigorous and prosper- ous attorney, he gained many convictions. Judge Watson saw this criminal business growing in his court, and saw also Moore's success. He had some abilities as an orator, had the Judge, and he conceived the idea that he could make a fortune defending criminals. So one day he resigned and at once opened a law office. Meeting Moore afterward he told him of his plans and rather boastingly informed the young district attorney that the day of his success as a prosecutor was passed. Moore ad- vised him not to be too confident until he had won a case or two. The very next case which came up for trial was the case of one Basquiz for horse stealing. The penalty for this of- fense was at that time capital unless the jury fixed a lesser punishment, but District Attor- ney Moore, not believing in the harsh law, had never yet asked a jury to permit the extreme penalty. When Judge Watson, however, vol- unteered to defend this horse-thief, Moore told him that he had a bad case and that his client might hang. The Judge, however, was confi- dent of his power before a jury, and the case came on. Upon the argument Judge Watson spread himself in a wild flight of oratory, but all in vain, for the jury stayed with Moore and brought in a prompt verdict for conviction without limitation, and Judge Watson's first client was hanged.

"Upon the retirement of Judge Watson, Craven P. Hester, Esq., was appointed in his stead. Judge Hester was a native of Indiana, where he studied law and practiced it for some years before coming to San Jose. He brought to the bar of San Jose a fine reputation as a lawyer and as a man of high sense of profes- sional and personal honor. His appointment in 1859 to Judge Watson's vacant seat gave general satisfaction and when the general elec- tion came a year later he was chosen to serve for a term of six years as district judge. A great many important cases were tried before Judge Hester and the ablest lawyers in the state of California practiced in his court. The sessions of the District Court were held in the State House until it was destroyed by fire in 1853, when the county provided them with quarters in the frame building which was re- cently removed from the southeast corner of Second and San Fernando streets. There for several years Judge Hester held his court. There occasionally came such lawyers as Lock-

HISTORY OF SANTA CLARA COUNTY

wood and Randolph and Baker and other bril- liant men from the bar of the State.

"When the judicial term of Judge Hester ex- pired he was not re-elected, and as I am told, for a peculiar reason. In the district of Judge Hester there were many lawyers of several de- grees of merit. The leader of the San Jose bar was William T. Wallace during the '50s. The leader of the Monterey bar was D. R. Ashley, and of the Santa Cruz bar was R. F. Peckham during the same period. This trio of lawyers each worked hard at their cases, tried them well, and in consequence, were very successful each at his own bar. Their suc- cess made other lawyers of less studious hab- its jealous, and as the time for another elec- tion came on, they spread the campaign rumor that this trio of lawyers 'owned' Judge Hes- ter and that he always decided their way. The opposition nominated Samuel Bell McKee upon this issue and succeeded in electing him. Accordingly Judge McKee became district judge in 1858, and remained so until the change in the district made in 1872, by which the old Third with some variations became the Twen- tieth Judicial District and David Belden, Esq., was elected as judge."

This concludes the excerpts from Judge Richards' article. There are, however, more stories about that eccentric character, J. Alex- ander Yoell. He was one of the ablest law- yers of the early days but his peculiar dis- position kept him continually in hot water. He was fiery, impetuous and quick to take offense and could not control his tongue. If the num- ber of times he was fined for contempt of court could be ascertained it would take up a whole page of this history. William Matthews was another old time attorney. He was a South- erner, polite, precise, dignified and of undoubt- ed courage. Once he and Yoell opposed each other in a court case. During the trial Yoell became angry at some remark of Matthews' and made a vitriolic reply. The next instant an ink bottle caromed on Yoell's forehead, the ink running in little rivulets down his face. His right hand went quickly toward his hip pocket, but before the hand reached the pocket, the muzzles of two derringer pistols were pointed at his head. "Hands up!" sternly commanded Matthews. Yoell's hands went up immediately. Then he said in a shaking voice as he spat out the ink which had dribbled over his upper lip: "Good God, Matthews, won't you let me get out my handkerchief?"

Another lawyer with whom Yoell had fre- quent spats was C. C. Stephens, now a resi- dent of Los Angeles. A will case was on trial before Judge Belden. Stephens appeared for the proponent, Yoell for the respondent. One

of Stephens' witnesses met Yoell on the street and after a short talk about the case the wit- ness was advised by Yoell not to testify un- til after he had received his fee. Yoell be- lieved that Stephens was short of money and that the demand of the witness would not be complied with. Therefore the trial would ei- ther be delayed or valuable testimony for the proponent would be lost. The witness prom- ised to follow the advice and in due time was called to the stand. Before taking the oath he said to Stephens: "I want my fee before I testify." Stephens fished out a handful of loose change and then said: "Be sworn and then I talk turkey." The witness took the oath and then waited for the payment of the fee. "One moment," said Stephens, "I've got to figure this out. You live in Berryessa and the mileage is-hold on, I've forgotten some- thing. Before we go any further, I must make sure you are the witness I want. Were you present when the will was signed?" "Yes," replied the unsuspecting witness. "Did you witness the signature?" "Yes, of course I did." "Then you are the man and that's all I want of you. Mr. Yoell, you may have the wit- ness." So saying Stephens put back his money and grinned at Yoell, whose face was black with rage. "You're a pettifogger," Yoell shouted. "Mr. Yoell," admonished the Court, "I can not permit the use of such language." "But he's a pettifogger," raved Yoell, "and he's cheating this witness." "Sit down," was the stern command from the bench. "Mr. Yoell, you are fined fifty dollars for contempt of court. Mr. Sheriff take him into custody and keep him confined until the fine is paid."

In the late '60s W. Frank Stewart, as jus- tice of the peace, held court in a small room on South Market street near Santa Clara street. Stewart was a queer genius and no one who ever saw and talked with him will ever forget him. He was over six feet in height and bony and angular. In many respects he bore a marked resemblance to Abraham Lincoln, though his features were of a sterner type. He was a Southerner, with the sensitiveness of a woman and the fearlessness of a crusader. His life had been an adventurous one. He had fought in the Mexican war, filibustered in Mexico with Walker, been editor, miner, poet, geological expert, saloon-keeper, merchant and justice of the peace and was quite capable of filling any office within the gift of the peo- ple. After he left San Jose, he went to Ne- vada, became state senator, afterward state mineralogist and died in the early '80s. As a justice he was just in his decisions but very testy and severe with lawyers who attempted pettifogging. J. Alexander Yoell was a source of constant annoyance to Stewart. Yoell was

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.

Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.

History of Santa Clara County California with biographical sketches, Part 12

Author: Sawyer, Eugene T Publication date: 1922 Publisher: Los Angeles : Historic Record Co. Number of Pages: 1934

Author: Sawyer, Eugene T
Publication date: 1922
Publisher: Los Angeles : Historic Record Co.
Number of Pages: 1934