USA > California > Yuba County > History of Yuba County, California, with illustrations descriptive of its scenery, residences, public buildings, fine blocks and manufactories > Part 12
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DISTRICT COURT.
Under the law of 1850, Yuba county was in the Eighth Judicial District, and the first term of the court. was commenced June 3, 1850, by Hlou. W'm. R. Turner. The jurisdiction of this Court was very birge, including elmanevry, civil and criminal. It had original cognizance in all cases in equity, and its civil jurisdiction iuchuled all cases where the amount exceeded two hundred dollars, causes involving the title to real property or the validity of any tax, and issues of fact joined in the Probate Comt. It had power to inquire into all criminal offences by means of a Grand Jury, and try indictments fond by that body.
The first Grand Jury assembled June 4, and was composed of the following citizens :- W. Fetter, foreman, F. W. Shaffer, Geo. Hubbard, W. W. Cleveland. A. T. Farish, J. S. Kelly. W. W. Nelson, N. D. Meek, John 11. Washburn, Win. King. 1. Washburn. Normon
Ihudson, A. H. Johnson, Morton Cheeseman, W. E. Whitman and W'in. Ferguson.
In 1851, the Legislature took from the court its criminal jurisdiction mtddl conferred it mymom the Court of Sessions, leaving it the power of hearing appeals fron that court in criminal matters, and the power to try all indictments for murder, manslaughter, arson, and other cases that could not In tried in the Court of Sessions. At the same session the Legislature formed Yuba, Nevada and Sutter Conties into the Tenth Judicial District. In 1851, Hon. Gordon N. Mott was ap- pointed by the Governor to fill the vacancy caused by the removal of Hon. Win. R. Turner to another district.
At the opening of the District Comt, October 10, 1851, Hon. W. T. Barbour was present, with a commission from the Governor as District Junge of this district. He intimated that he desired an interview with Judge Mott before making the formal demand for the office, and the court was adjourned till two o'clock in the afternoon. During the recess Judges Mottaml Barbour, together with the members of the bar, held a consultation in the office of the Recorder. Judge Barbour stated that he had a commission from the Governor as District Judge of the Tenth Judicial District, given in consequence of his election to that office by the people at the last general election, and that he had taken the constitutional oath of office. Judge Mott stated that he also liaudl a commission from the Governor as District Judge, and claimed that, as his commission was given to fill a vacancy in the office occasioned by the failure of the Legislature to elect, and as it did not mention the term fur which he was to hold office, it would hokl till the election of Dis- triet Jundlges in 1852. The Constitution provided for the filling of such vacancies "at the next election by the people," and the question of right lay on the interpretation of these words, whether they meant the next election, or the next regular election for the office to be filled. Upon the assembling of the conrt in the afternoon, Mr. Barbour appeared and demanded the office and records (this course having been previously decided upon), and then the court adjourned to allow the matter to be carried to the Supreme Court. There it was decided that Mr. Barbour was the rightful claimant to the position; he accordingly took his seat without further interruption. In 1853, the Tenth Judicial District was changed by the Legislature so as to embrace Yuba, Nevada, Sutter, and Sierra counties. Again, in 1857, an alteration was made, reducing the district to Ynba and Sutter counties; and in 1863 ,the size of the district was increased to four counties, Ynba, Sutter, Colusa and Sierva, since which time there has been no further alteration. The Legislature also, in 1863, raised the civil jurisdiction from amounts over two hundred dollars to three hundred dollars, gave it exclusive power to try indictments for treason, mis-prision of treason, murder, and manslaughter. Since that time there has been bnt little change in the powers of the District Comt.
A District Judge has authority to hold court in any ilistrict, by Ir- (pwest of the Judge of that district, or upon designation of the Governor. The term of the Judge of the District Court was fixed by the Constitu- tion at six years.
COUNTY COURT.
The County Court is hell by the County Judge, whose term was lixed by the Constitution at four years. Hon. Henry P. Haun was elected by tho people of Yuba county on the first Momlay in April, 1850, and opened the County Court, Jime 3, 1850. An appeal lay to this court in civil enses from a Justice of the Peace and the Recordler's court. The Imsiness transacteil hy this Court was at first necessarily very small. In 1863, the Legislature made the jurisdiction of this Court to embrace cases of forcible entry and detainer. The Court of Sessions having been abolished, criminal jurisdiction was given to this court with power to try all indictments, except those for treason, mis- prision of treason, murder, and manslaughter, which inhetments must be certified to the District Court for trial. Since then there has been 110 change of note in the powers of this court.
COURT OF SESSIONS.
The Court of Sessions was composed of the County Judge as Chief Justice, and two Justices of the Peace as Associate Justices, whose term of office was one year, and who were elected annually by the Jux- tices of the county. The first term was comneneed June 10, 1850. The duties of this Conrt included those now discharged by the Bonn of Supervisors, which the court continued to perform until 1855, when the Board of Supervisors was organized. In 1851, the power to inquire into criminal offenses by means of a Grand Jury, was transferred from the District Court to this cont. All criminal indictments were tried here, except for murder, manslaughter, and arson. In 1863, this court was abolished by the Legislature.
PROBATE COURT.
The County Judge is also Julge of the Probate Cont. The juristlie. tion of this court embraced all probate matters. Issnes of fact, joined here were adjourned into the District Court for trial, or by agreement could be trieil in this court. Afterwards, by act of Legislature, the Probate Comt was given the power to summon juries and try issues of fact. There has been no great alterations in the powers of this cont since that timc.
RECORDER'S, MAYOR'S, AND POLICE COURT.
The charter by which the City of Marysville was incorporated in 1851, provided for a Recorder's Court, to be held by the Recorder of the city, elected annually by the people. The first to fill this position was Gordon N. Mott, clected in 1855. The jurisdiction of this court extended to the city limits, and embraced the same civil and criminal pow-
LITH. BY C. L. SMITH & CO. OAKLAND. CAL.
RESIDENCE OF E.E.MEEK, MARYSVILLE, YUBA CO., CAL.
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HISTORY OF YUBA COUNTY. CALIFORNIA.
ers as those possessed by a Justice of the Peace. It also bad exclusive jurisdiction of all violations of a city ordinance, nuisances in the city, vagrancy, and disorderly conduct. By the charter of 1855, the civil jurisdiction of this court was taken away. The office of Recorder was abolished by the Legislature of 1862, and a Mayor's Court established; all the powers of the Recorder were transferred to the Mayor of the city, who held the new court. By act of the Legislature, the city was ro-incorporated in 1876, and the Mayor's Court was changed to the Polico Court, as it exists at present, with the same powers as those possessed by the Mayor's Court. The Police Judge is elected annually by the Mayor and Common Conncil.
JUSTICES OF THE PEACE.
By the Inw of 1850, tho term of a Justico of the Peace was fixed at one year; his jurisdiction extended to the limits of the township in which he was elected. He Imed cognizanco of actions on contraet, for duingos, und to recover specific property when the amount or valne did not exceed two hundred dollars. In 1851, his powers were considera- bly incroused. lle hund jurisdiction of actions to recover money, for duinnges to personal property, for tines, penalties nnd forfeitures, actions ou bonds, onforcement of lien ou personal property, actions to recover jursonnl property, and judgment by confession, where the amount in all theso casos did not exceed tive Indred dollars, nud on a bond taken hy hin, oven if the amount did excoud that sum, cases of forcible entry und detainer, and the trial of tho right of mining claims. The criminal jurisdiction included vngrnney, disordor, petty Inrceny, assault and hat- tery, bronchos of tho pence, and all misdemeanors punishable by a fine of not more than five hundred dollars and not more than one year's imprisomnent. In 1863, forcihlo entry und dotainer cases wero trans- forred to the County Court, and the civil jurisdiction reduced to amounts not oxceeding three hundred dollars. In 1870, tho jurisdiction of this court in enses of misdemeanors wns extended to fines of one thousand dollars and imprisonment ono yenr. In 1874, this jurisdiction was rodneed to fines of five hundred dollars and six months imprisonment. In the city of Marysville, the Police Court has cognizance of criminal cases to the exclusion of tho Justico's Court.
UNDER THE NEW CONSTITUTION.
The now Constitution, adopted by the voters at an election hield May 7, 1879, changes tho whole system of judiciary. Article VI., Seetion 1, of that instrument rends: " The judicial power of the State shall be " vested in the Senate sitting as a Court of Impeachment, in a Supreme " Court, Superior Courts, Justices of the Pence, and such inferior Courts " as the Legislature may establish in any incorporated city or town, or " city and county." The Supreme Court is to consist of a Chief Justice and six Associate Justices, elected hy the people, and their term of
office is fixed at twelve years. There are to be twelve Judges of the Superior Court in the City and County of San Francisco, two in each of the counties of Sacramento, San Joaquin, Los Angeles, Sonoma. Santa Clara, and Alameda, one in the counties of Yula and Sutter combined, and one in each of the other counties of the State.
The Superior Court combines the daties and powers of the present District, County, and Probate Courts. The term of a Judge of the Superior Court is fixed at six years. The Judges of the Supreme and Superior Courts will be chosen at the next general election, and will assume their duties ou the first day of Jannary, 1880. The powers and dnties of these conrts will be defined hy the Legislature at its next session. " The Legislature shall determine the number of Justices of " the Peace to be elected in townships, incorporated cities and towns, " or cities and counties." It will also have power to establish inforior Conrts.
THE BAR.
The disciples of the law have played an important part in the history of this county, and much of its success is dne to the efforts of these gentlomen. Most of those in the profession during the pioneer days of thio county have moved to other localities, some rising to prominence, some sinking into oblivion, and others are numbered with the dead. The Bar of Yuha has always heen, and is now, justly celebrated for tho learning, culture, and ability of its members, and has given to the country many who have achieved a national reputation in the higher walks of political and judicial life.
In the following list, the date immediately following the name is the year in which practice was commenced at this Bar. Although some of the gentlemen came to the State prior to 1850, yet none are marked earlier than that, as the comts did not assume their duties until June of that year. The second date is the year of death, or removal from this Bar. Those marked (*) are still practicing here.
Sidney Ahell, 1854. Came from New York. Dicd
* L. J. Ashford, 1861. From Canada. Associate Justice of Court of Sessions, 1860. Admitted to the Bar here in 1861.
Francis L. Ande, 1850-62. Born in Kentucky. Came from Mis- souri. Supervisor, 1857. Member of the Assembly, 1858-59. Went to Virginia City in 1862, and from there to San Francisco. Now lives in Virginia City, Nevada.
W. T. Barbour, 1851-60. From Kentucky. District Judge here from 1852 to 1858. Went to Virginia City in 1860, where he died. F. Barnard, 1851-57. From New York. Died at Parks' Bar, 1857. R. Barnard, 1853. From New York. Died here in 1856.
G. G. Barnard, 1853-54. From New York. Returned to New York in 1854. Became Recorder of New York City, and Judge of the
Superior Court in that city, and was impeached for complicity in the Tatumany frauds in 1873.
* I. S. Belcher, 1853. From Vermont. District Attorney, 1856-57. City Attorney, 1859. District Judge, 1864-69. Justice of the Supreme Court, 1870.
* W'm. C. Belcher, 1856. From Vermont. City Attorney, 1858. School Commissioner, 1868-69 and 1872-77.
* E. A. Belcher, 1876. From Vermont. Admitted by Supreme Court in 1876. City Attorney, 1879.
John V. Berry, 1850-53. From Now York, Died in Marysville in 1853.
J. C. Black, 1863-64. From Moved to San Jose in 1864.
* S. M. Bliss, 1851. From Pennsylvania. Member of Court of Sessions, 1853. County Judge, 1854-58, 1868-75, and 1877-79. District Judge, 1859-63.
Chas. H. Bryan, 1851-60. From Ohio. District Attorney, 1852. Meuher of State Senato, 1854. Jnstico Supremo Court, 185b. Went to Virginin City, 1860. Died at Carson City, 1878.
W. C. Burnett, 1854-58. From Now York. State Sonator, 1856-57. Went to San Francisco, 1858, and is now City and Comity Attorney thero.
* Wmn. I .. Campbell, 1873. From Indiana. Editor Wheatland Free Press, 1874, and 1876.
* F. F. Carnduff, 1877. From New York. Editor Wheatland Recorder. Grand Lecturer A. O. U. W.
Nicholas Carroll, 1854-55. From New York. Died in San Francisco.
* D. H. Cowden, 1876. From Iowa. County Judge of Siorra County, 1872-76.
Frank B. Crane, 1871. District Attorney of Sutter County, 1874. Now farming in Yuba county.
Timothy Dame, 1859-61. From Indiana. Went to San Joso in 1861.
M. Van B. Dauby, 1852-56. From Now York. Died here in 1856.
* Edwin A. Davis, 1870. From New York. District Attorney in 1872-76, and 1878-79.
Charles E. DeLong, 1857-63. From New York. Member of Assembly, 1858-59. State Senator, 1861-62. Went to Virginia City, 1863. Minister to Japan, 1869. Died in 1877.
Francis J. Dunn, 1852-57. From Wisconsin. Born in Kentucky. Went to Nevada county in 1857, where he died in 1872.
J. G. Eastman, 1864-72. From Ohio. City Attorney, 1870-71. Moved to San Francisco, 1872. Now in Los Angeles.
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HISTORY OF YUBA COUNTY. CALIFORNIA.
B. K. S. Ely, 1858-59. From Pennsylvania. Member of Assembly, 1858. Is now a minister in southern part of State.
Stephen J. Field, 1850-63. Frin New York. First Alcalde of Marysville, 1850. Member of Assembly, 1851. Justice Supreme Court, 1859. United States Circuit Judge, California, 1863. Was elevated to the Supreme Bench of the United States in 1863, which position he now holds. He is a brother of Cyrus W. and David Dudley Kiehl.
Charles E. Filkins, 1851-75. From New York. County Judge, 1861. City Attorney, 1873. Died in Marysville, 1876.
J. J. Foster, 1854-60. From Tennessee. Went to Virginia City, 860. Died in Anstin, Nevada, in 1867.
* J. Fuller, 1879. From Michigan.
Jesso O. Goodwin, 1850. From New York. District Attorney, 1850-51. Supervisor, 1855. State Senator, 1857-58, and 1878-79. ('ity Recorder, 1859. County Judge, 1862-67. Died, 1879.
George C. Gorham, 1859-60. Wns achmitted here but never practiced. Editor of the Marysville Duily Enquirer, 1855-56, and the Marysville National Democrat, 1859. On the San Francisco Nation, 1860, and the Sacramento Union, 1861. Clerk in United States Dis- friet Court, 1865-67. Candidate for Governor, 1867. Secretary United States Senato, 1868-79. Secretary National Republican Exec- utive Committee, 1876. Now resides in Washington.
K. O. F. Ilastings, 1861-62. From Ohio. At one time a Member of the Assembly. Register United States Land Office, 1859. Moved to Washington, 1862.
Francis L. Hatch, 1854-63. From Texas. District Attorney, 1858-61. Wont to Santa Clara county, 1863. Is at present County Indge of Colusa county.
Hemy P. Han, 1850-61. From Iowa. Born in Kentneky. County Judge, 1850-53. United States Senator to fill Broderick's imexpired term, 1860. Died in Marysville, 1861.
David 1%. Ilann, 1858-62. From Kentucky, Member of Assem- bly, 1861. Went to Plumas county in 1862, where he was District Attorney and still resides.
Charles (. Hubbard, 1858-65. From New York. Moved to San Francisco in 1865. Now resides in Enreka, Nevada.
11. (. Inston, 1854-56. From New York. Was killed in the Nicaragua expedition, 1856.
* S. L. Howard, 1876. From Missouri.
* Phil. W. Keyser, 1850. From Maryland Alcalde of Eliza, 1850. Postmaster Marysville, 1852. County Judge of Sutter County, 1860-63. 1867-71. District Judge. 1870-79.
Charles Keyser, 1858-61. From Maryland. Went to Nevada, 1861. Now lives in Baltimore.
John B. Kyle, 1857 -. From - City Recorder, 1860-61. Died -
William B. Latham, 1866-67. From Ohio. Went to San Fran- cisco in 1867, where he still resides.
Charles Lindley, 1854-62. From Illinois. Born in Kentneky. County Clerk and Recorder. 1852-53. City Attorney, 1856-57. Re- ceiver United States Land Office, 1858. County Judge, 1859-62. Went to Virginia City, 1862. Code Commissioner, 1871-72. Now resides in Tucson, Arizona.
Alfred A. Macc, 1860-63. From France. Went to Virginia City, 1863. Died in San Francisco.
Lloyd Magruder, 1858-63. From Arkansas. County Clerk, 1856- 57. Member of the Assembly, 1861. Killed by highwaymen in Wash- ington Territory in 1863.
E. C. Marshall, 1854-56. From Ohio. Born in Kentucky. Mem- ber of Congress, 1853. Returned to Ohio, 1856. Now lives in San Francisco.
Leonidas Martin, 1850-56. From Alabama. District Attorney, 1854-55. Returned to Alabama in 1856. Was appointed Minister to Valparaiso, where he soon after dicd.
George May, 1858-71. From Missouri. Went to the lower part of the State in 1871.
F. J. McCam, 1850-70. From Kentucky, Born in Maryland. County Judge, Sierra county, 1856. District Attorney, 1864-65. Went to Santa Cruz in 1870, where he now resides.
John T. McCarty, 1850-59. From Indiana. City Recorder, 1857- 58. Died here in 1859.
J. W. McCorkle, 1850-63. From Ohio. Member of the Legis- lature, 1851. Elected to Congress, 1851. Moved to Virginia City, 1863. Went to San Francisco, 1868. Now resides in Washington, engaged in prosecuting claims against Mexico.
R. H. McDaniel, Jr., 1861-68. From Mississippi. Died in Marys- ville in 1868.
W. H. McGrew, 1861. Admitted here. Lived in Sutter county ; now in southern part of the State.
J. A. McQuaid, 1857-64. From Ohio. Moved to Virginia City, 1864. Now lives in Mono County.
I. C. McQuaid, 1852-59. From Ohio. Moved to Sutter county, 1859. District Attorney Sutter county, 1859-63. Died a few years ago.
R. R. Merrill, 1857-73. From Ohio. District Attorney, 1866-69. Died at Marysville in 1873.
R. S. Mesick, 1851-63. From New York. State Senator, 1857. Moved to Virginia City, 1863. Was District Judge in Nevada. Re- sides in San Francisco.
Win. S. Mesick, 1854-60. From New York. Went to Virginia City, 1860. Now lives at Sacramento.
R. C. Milne, 1858-60. From Vermont. Died in Marysville in 1860.
Henry K. Mitchell, 1856-63. From New York. Moved to Vir- ginin City, 1863. Resides in San Francisco.
Jolm 11. Mitchell, 1850-51. Died in Marysville in 1851.
Zach Montgomery, 1854-64. From Kentucky. Member of the Assembly, 1860. Went to San Francisco in 1864. Editor Occident and l'anguard, 1864. Was n member of tho Legislature. Now re- sides in Oakland.
Gordon N. Mott, 1850-60. From Ohio. Served in the Mexican war. First County Judge of Sutter county. District Judge,, 1851. City Recorder, 1855. Appointed Judge of the Supreme Court in Nevada, 1861. Delegate to Congress, 1863-64. Court Commis- sioner, 19th District, San Francisco, since 1874.
Samuel B. Mulford, 1850-63. From Pennsylvania. District Attor- ney, 1850. City Recorder, 1856. Died at Marysville, 1863.
*Wm. G. Murphy, 1863. From Tennessee. District Attorney, 1870-72. City Attorney, 1875-79. Went to Virginia City in 1863, and returned in 1866.
H. L. Pierson, 1869-78. From Louisiana. Lived in Sutter county. Died in 1878.
James McC. Reardon, 1857-75. From Maryland. Went to Vir- ginia City, 1861. Clerk Supreme Court, Nevada, 1863. Returned to Marysville in 1867, where he died in 1875.
T. B. Reardon, 1851-63. From Maryland. Connfy Clerk Sutter county, 1850-51. County Judge, Sutter county, 1851-52. Went to Virginia City, 1863. Now District Judge Fourteenth California District.
George Rowe, 1850-73. From Olio. County Treasurer, 1851-54. District Attorney, 1862-63. Died in Marysville in 1873.
Wallace Rowe, 1860-62. Admitted to the Bar here. Died in 1862. Oscar Rowe, 1868. Admitted here and went to Texas.
D. R. Sample, 1863-65. From Indiana. Went to Sacramento in 1865, where he afterwards dicd.
S. P. Semper, 1861-73. From England. Admitted here, but did not practice. Died in Marysville in 1873.
Ezra K. Sherwood, 1855-56. From New York. Was killed by ac- cident in 1856.
Elwood P. Sine, 1861-63. From Indiana. Went to Nevada in 1863, where he now lives.
*Wm. Singer, 1854. From Missouri. Born in Pennsylvania. Justice of Court of Sessions, 1853-55 and 1857-59. Mayor of Marysville, 1858-59.
AITH OF C. L. SMITH & CO. OAKLAND. CAL.
RESIDENCE OF A. S. SMITH, COR. I AND 7TH STREETS, MARYSVILLE, YUBA CO. CAL.
LITH. BR C.L. SMITH & CO. OAKLAND. CAL
RESIDENCE OF C. E. SEXEY, MARYSVILLE, YUBA CO. CAL.
51
HISTORY OF YUBA COUNTY. CALIFORNIA.
W. W. Smith, 1855-56. From New York. Went to San Francisco in 1856, where he now resides.
S. B. Smith, 1855-61. From New York. Was a Cnnmissioner of the Indian War Debt. Left Marysville in 1861, and now resides in Now York.
Gabriel N. Swczy, 1850-75. From New York. District Attorney, 1853. City Attorney, 1856. Member of the Assembly, 1857. Died in Marysville in 1875.
Joseph Tidball, 1858-60. From Virginia. Died in Marysville in 1860.
Win. R. Turner, 1850-51. From Mississippi. District Judge, 1850. Judge of Humboldt District, 1851-56. Died in Humboldt county.
Petor Van Clicf 1870-78. From Ohio. Moved to San Francisco in 1878.
Will. Wulker, 1851-53. From Tennessee. Editor of San Francisco Herall, 1850. Lender of the filibustering expedition to Lower Cali- formin in 1853-54. Editor in Sacranuuito in 1855. Leader of the cele- brated invasion of Nicaragua, where lus was eaptured and shot September 12, 1860. lle was known as " the Gray-eyed Man of Destiny."
Henry P. Watkins, 1850-63. From Missouri. Born in Kentucky. District Attorney, 1850. Second in command of the Lower California expedition, 1853-54. Stato Senator, 1860-61. Moved to Alameda county, where he died about 1876.
E. D. Wheeler, 1858-60. From New York. County Clerk and Recorder, 1851. Stato Senator, 1859. District Judge in San Francisco since 1870.
N. E. Whitesides, 1851-76. From Illinois. Speaker of the Assembly, 1868. Died in Marysville in 1876.
W. P. Wilkins, 1856-57. From North Carolina.
W. 1 .. Willis, 1853-55. From Alabama. Born in Tennessee. Died in Marysville in 1855.
Gilbert E. Winters, 1852-55. From Ohio. Mayor in 1854. Died in Marysville in 1855.
CHAPTER XV.
FIELD VS. TURNER.
Appointment of Julgo Wm. R. Turuer- Mr. Fiehl's Intemledl Departure for the East-Cause of Delay Description of n Scene in Court.room-Arrest and Imprisonment of Mr. Field -- Writ of Habeas Corpus before Judge Hang-Messrs. Field, Goodwin and Mulford Expelled from the Bar Judge Turner Fines umnl Orders the Imprisonment of the County Judge- An Appeal to the Supreme Court-The Result Satisfactory to the Lawyers -- Another Ex- pulslon Ordered-Impeachment Proceedings Against Judge Turner-Compromise Under a Misunderstanding.
An event, or rather series of events, which for several years placed Yuba county prominently hefore the eyes of the publie, and kept the legal fraternity throughout the whole State in an agitated condition, was
the celebrated Field vs. Turner controversy. The young city of Marys. ville was kept in a fever of excitement; bitter discussions took place. between the several friemls aml champions of the opposing jeuties. aml newspapers throughout the State teemed with acconuts of the con- dition of affairs at various stages of the proceedings. Both parties have jarblisbed and distributed pamphlets, setting forth their relative claims aml striving by every argent to justify their actions in the matter. Judge Wm. R. Turner had been apointed to the Eighth Juli- cial District by Governor Burnett, aml assumed the ermine in Jue, 1850. Mr. Stephen J. Field had made all his preparations for a visit to the Eastern States, but was prevailed upon hy Captain Sutter to delay his departure and defend a suit brought against him in the District Court.
The following extract from a communication which appeared in the Sacramento Daily Transcript of June 25, 1850, pietures vivilly the scene and proceedings in the court-room on that eventful day :-
" On Friday, the 7th instant, a suit between one Cameron, plaintiff, " and Captain Sutter, defendant, was called on for trial before Jadgo " Turner of the District Court. Judge Field was retained as counsel " for Captain Sutter. A preliminary motion in the case was decided "against Captain Sutter, whereupon Judge Field rose to read the pro- " visions of the Statute applicable to the point in question, when Judge " Turner said, in a burried and petulant manner, that the Court under- " stood the law, and would not listen further-that the mind of the " Court was made up-and wound up by ordering Judge Fieldl to take " his seat. Judge Field then stated, in a very quiet manner, and in " very respectful language, that he excepted to the decision of the " Court and appealed from the order. Judge Turner, apparently irri- " tated, immediately replied, addressing himself to Judge Field, ' I fine " that gentleman two hundred dollars.' To this, in a quiet manner, " Mr. Field answered, ' Very well.' Turner immediately added in a petu- " lant and angry tone, ' I fine him three hundred dollars, and commit him " to the custody of the Sheriff eight hours.' To this Judge Field again " replied, in a quiet and respectful manner, 'Very well,' or, ' Well, " sir,' Turner immediately responded, with great violence and manner " of language, 'I fine him four hundred dollars and commit him " twelve hours.' Judge Field then told the Conrt that he had a right " by statute to appeal from any order of his honor, and that it was no "contempt of Court to give notice of an exception or an appeal, and " appealed to all the members of the bar present if it could be so " regarded. At this Judge Turner flew into a rage, and eried out, in a " manner ludicrously violent and boisterous, ' I fine him five hundred " dollars, and commit him twenty-four hours-forty-eight hours -- turn " him out of Court-force him out of Court-subpoena a posse- " subpoena me.' Judge Field soon after left the comt-room, and, " accompanied by the Deputy Sheriff, returned to his office."
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