Illustrated history of Plumas, Lassen & Sierra counties, with California from 1513 to 1850, Part 24

Author: Fariss & Smith, San Francisco
Publication date: 1882
Publisher: San Francisco, Fariss & Smith
Number of Pages: 710


USA > California > Lassen County > Illustrated history of Plumas, Lassen & Sierra counties, with California from 1513 to 1850 > Part 24
USA > California > Plumas County > Illustrated history of Plumas, Lassen & Sierra counties, with California from 1513 to 1850 > Part 24
USA > California > Sierra County > Illustrated history of Plumas, Lassen & Sierra counties, with California from 1513 to 1850 > Part 24


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PLUMAS TOWNSHIP .- Commencing at the south-west corner of Indian township, where the east line of Rich Bar township crosses the east branch of the north fork of Feather river, and running thence easterly up the said east branch and the summit of the divide between Indian and Spanish creeks, along the south boundary of Indian township, to the north boundary of Quartz township; thence south-westerly along the summit of the divide between the middle and north forks of Feather river to the government range line between ranges 10 and 11 east ; thence south on said range line to the north-east corner of Goodwin township in the middle fork of Feather river; thence westerly down the middle fork of Feather river and north boundary of Goodwin township to the government range line between ranges 8 and 9 east; thence north on said range line to the place of beginning.


The above are the boundary lines as they exist to-day, with slight variations made by the board subsequently. On the seventh of August, 1877, the boundary line between Indian and Seneca town-


-


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ships was moved westward about two miles : " commencing at the summit of Mt. Dyer on the east boundary of Seneca township, and running thence southerly on the dividing ridge between the north fork of Feather river and the waters of Indian and Rush creeks, to the north line of Rich Bar township ; thence east on said north boundary to the west line of Indian township; thenee south- easterly, northerly, and westerly on the line of Indian township already established to Mt. Dyer, the place of beginning." On the seventh of February, 1879, a strip from the north side of Goodwin township and a small piece from the north-west corner of Quartz township were added to Plumas township by changing the boundary of Plumas: "beginning on the divide between north and middle forks, on a line between sections 33 and 34, T. 24 N., R. 11 E., and running south to the seetion point corner sections 3 and 4 on the north line of T. 23 N., R. 11 E .; thence south on seetion lines four miles ; thence west to middle fork of Feather on south line of Plumas township." On the same day Rich Bar and Mineral townships were united in one under the name of Mineral township, the outside boundaries remaining as before defined.


On the seventh of September, 1880, the board apportioned the townships to the three super- visor districts, as follows : District No. 1, Beckwourth, Quartz, and Goodwin; No. 2, Plumas and Mineral; No. 3, Indian and Seneca. These districts are now respectively represented on the board by George S. McLear, William Wagner, and E. D. Hosselkus.


THE COURTS AND JUDICIARY.


About the courts of a country cling some of its most interesting reminiscences, and by their acts are formed many of its most important historical pages. These will be found scattered through the volume in many places ; while in the pages immediately following will be given a history of the organization of the various courts, and the changes in their composition. This will be followed by a list of the justiees of the peaee who have qualified and served sinee the organiza- tion of the county. Also will be given a list of the judges and members of the bar, with biographies of those gentlemen of the most prominence.


DISTRICT COURT.


Section 12 of the Aet of March 18, 1854, organizing Plumas county, provided that "the county of Plumas shall be and remain a portion of the Ninth Judicial District. The District Judge of the said district shall hold at least three terms of his court annually in Plumas county, and shall, as soon as practicable after this Act takes effect, notify the people of the said county of the time of holding said terms." It was also provided by the Act of May 6, 1854, that all indictments in the county of Butte for offenses committed in the territory set off to Plumas should be certified to the proper court of Plumas county.


The ninth distriet was then composed of the counties of Shasta, Butte, Colusa, and Plumas, and the judge was Joseph W. MeCorkle, who had been appointed in 1853 by Governor Bigler to fill the vacancy caused by the death of Judge George Adams Smith. In accordance with the provisions of the statute, Judge McCorkle appointed the nineteenth day of June, 1854, for opening the first term of the district court in Plumas county, meeting at the American valley, the temporary county seat designated by the statute. P. H. Harris, of Butte county, R. I. Barnett, a miner living on Nelson creek, and Tom Cox, a miner residing on Grub flat, were present to greet the judge and aid


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in inaugurating the first term of the district court held in Plumas county. The following is a transcript of the proceedings :


NINTH JUDICIAL DISTRICT COURT, JUNE TERM, A. D. 1854.


STATE OF CALIFORNIA, COUNTY OF PLUMAS.


June Term, A. D. 1854. American Valley, June 19th, 1854. 2 o'clock P. M.


Court meets pursuant to appointment of the Hon. J. W. McCorkle, District Judge of the 9th Judicial District, the Hon. J. W. McCorkle presiding.


And now the sheriff returns the venire for twenty-four trial jurors, with the following-named persons summoned, to wit: Newton Judd, J. D. Ritche, Charles M. Butts, Hugh J. Bradley, H. P. Russell, Jacob Vandike, Saml. S. Stinson, S. H. Mather, H. W. Hays, Geo. W. Robison, Peter Day, Geo. Farrier, T. C. Fowler, Joseph Boler, David Potts, Stephen Goodridge, Franklin Peade, J. Rodgers, A. Anderson, William Demerest, Joseph Adams, Thos. Powell, John Emerson, William Robertson.


There being no cause for a trial jury at the present term of court, the court discharges all the trial jurors from further attendance at the present term.


And now comes P. H. Harris, Esq., an attorney of this court, and upon affidavit of R. I. Barnett, Esq., herein filed, setting forth that he was admitted as an attorney and counselor at law in the state of Missouri prior to his emigration to this state, and moves the court to admit said Barnett as an attorney and counselor of this court. Whereupon, it appearing to the satisfaction of the court that R. I. Barnett, Esq., is duly qualified as required by law, it is ordered by the court that he be admitted and duly sworn in as an attorney and counselor at law of this court.


And now comes P. H. Harris, Esq., an attorney of this court, and upon affidavit of Thomas Cox, Esq., being filed, setting forth that he was admitted as an attorney and counselor at law in the state of North Carolina, prior to his emigration to this state, and moves the court to admit said Thomas Cox as an attorney and counselor at law of this court. Whereupon, it appearing to the satisfaction of the court that Thomas Cox, Esq., is duly qualified as required by law, it is ordered by the court that he be admitted and duly sworn as an attorney and counselor at law of this court.


Court adjourns till the 20th instant, 9 o'clock A. M.


9 o'clock A. M., June 20, A. D. 1854. The court meets pursuant to adjournment.


In the matter of F. W. SHAFFER US. W. V. KINGSBURY and W. W. HALL.


(After hearing this case and giving judgment for the plaintiff, the court took a recess until two o'clock P. M., at which time it again opened.)


And now at this time comes John R. Buckbee, and makes application for license to practice as an attorney and counselor at law in this court, and after due examination in open court, and being duly sworn according to law, it was ordered by the court that the said John R. Buckbee be admitted to practice as an attorney and counselor at law in this court.


Court adjourned until next term in course.


J. W. MCCORKLE, Dist. Judge.


In the fall of 1854 Hon. William R. Daingerfield was elected to fill the unexpired term of Judge Smith, and held court in Quincy the following summer. By the Act of April 16, 1855, Plumas was annexed to the fourteenth district, with Sierra and Nevada counties, of which Hon. Niles Searles, of Nevada City, was the judge. Court was held here by Judge Searles at the stated terms till October, 1857, when Hon. C. E. Williams succeeded him, the Act of March 31, 1857, having placed Plumas in the fifteenth district, with Butte, Colusa, and Tehama counties.


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That fall a hard-fought struggle occurred between Warren T. Sexton and J. E. N. Lewis for the position of judge of the fifteenth district. They were both Democrats, and upon Mr. Sexton becoming successful in receiving the nomination, the friends of Mr. Lewis "bolted," and that gen- tleman ran independently. It is said that $15,000 were spent in conducting this exciting contest, which resulted in the election of Judge Sexton. He held court here until this county was taken from his district by the Act of January 27, 1859, and with Sierra county erected into a new district, the seventeenth. Hon. Peter Van Clief, of Downieville, was appointed judge of the new district by Govenor Weller. He was succeeded the same fall by Hon. Robert H. Taylor, elected by the people. Judge Taylor presided till 1862, when he went to Nevada, and Hon. L. E. Pratt succeeded him. After the creation of the county of Lassen, the Act of April 4, 1864, combined Butte, Tehama, Plumas, and Lassen counties in the second judicial district, of which Hon. Warren T. Sexton was judge, and so remained till he was succeeded by Hon. Charles F. Lott, in January, 1870. The Act of February 15, 1876, created the twenty-first district, embracing the counties of Plumas, Lassen, and Modoc, and Governor Irwin appointed Hon. John D. Goodwin to preside until after the judicial election in 1877. At that time the Hon. G. G. Clough was elected, and held the position until the court was abolished by the new constitution January 1, 1880.


By the provisions of the new state constitution which took effect on the first of January, 1880, the district court was abolished, and all its powers were conferred upon the new superior court. On the twenty-ninth day of December, 1879, the district court convened in Quincy for the last time, Hon. G. G. Clough presiding. There were also present, as members of the bar, Judge John D. Goodwin, Judge E. T. Hogan, William W. Kellogg, and District Attorney R. H. F. Variel. No business was transacted, but speeches were made by the members of the bar in commendation of the course pursued by Judge Clough while presiding the past two years. He responded in a happy manner, and then the following order was spread upon the record :


It is hereby ordered that all books, papers, and proceedings in this court, or belonging thereto, be transferred on the first day of January, A. D. 1880, to the superior court of the county of Plumas.


Ordered that this court do now adjourn sine die.


G. G. CLOUGH, Dist. Judge.


COUNTY COURT.


By the organic Act of the county, the salary of the county judge was fixed at one thousand dollars per annum. Hon. William T. Ward was chosen to the position at the first county election, and by virtue of his office held also the probate court, and presided in the court of sessions. By the Act of March 25, 1857, the salary was doubled, and that fall Hon. E. T. Hogan was elected judge, and in 1861 was again chosen to the same position. In 1863, by reason of the constitutional amendments, a new election was held, and Israel Jones was chosen, but died before assuming the office. By appointment of the governor, Hon. A. P. Moore filled the position till the fall of 1865, when Judge Hogan was again elected. In 1869 Hon. A. P. Moore was elected, and in 1873 Judge Hogan was again chosen to the office. The election of 1877 resulted in the choice of Hon. William A. Cheney, who held the position till the court was terminated by the adoption of the new consti- tution. The last record of this court made on the last day of December, 1879, is as follows :


DAVID R. CATE.


169


IN THE COUNTY COURT OF THE COUNTY OF PLUMAS, STATE OF CALIFORNIA, December Tern, A. D. 1879.


It is ordered that all the papers, records, actions, books, and cases pending in this court, or belonging to the files thereof, and all actions and proceedings hereafter commenced herein, and all other matters and things pertaining to said court, be and the same are hereby ordered to be trans- ferred to the superior court of Plumas county, on the first day of January, 1880, and to become the records of said latter court.


Witness my hand this thirty-first day of December, 1879.


WM. A. CHENEY, County Judge.


It is hereby ordered that this court be adjourned sine die, and that this order be spread upon the minutes of said court.


Witness my hand this thirty-first day of December, 1879.


WM. A. CHENEY, County Judge. Filed December 31, 1879. W. T. Byers, Clerk.


PROBATE COURT.


The first order entered on the probate docket was made by Judge William T. Ward, Novem- ber 7, 1854, appointing J. C. Lewis administrator of the estate of Patrick Taff. The last was an order of Judge Cheney, December 19, 1879, in the matter of the estate of Jobe T. Taylor.


COURT OF SESSIONS.


The court of sessions consisted of the county judge as presiding justice, and two justices of the peace as associate justices. The first record of the court is as follows :


STATE OF CALIFORNIA, COUNTY OF PLUMAS. SPECIAL TERM OF THE COUNTY COURT OF SAID COUNTY. April the 24th, A. D. 1854.


This day the Judge of Plumas county met for the purpose of organizing the Court of Sessions for said county. Present, the Hon. William T. Ward, Judge. In pursuance of law, the justices of the peace in coms. in this county was this day convened for the purpose of electing two associate justices for the Court of Sessions.


The justices proceeded to ballot, and Henry M. Gazley and Tos. D. Bonner was declared duly elected as associate justices of the Court of Sessions.


Certificate of election was issued by the judge to H. M. Gazley, associate justice of the Court of Sessions.


Certificate of election issued to Tos. D. Bonner, associate justice of the Court of Sessions.


PLUMAS COURT OF SESSIONS, April 24, 1854.


The court, being now organized, proceeded to the regular business before it.


Present: Hon. W. T. Ward, presiding. H. M. Gazley, Associates. T. D. Bonner, S


Ordered that the clerk of this court procure all the books for the use of the county, including stationery.


Ordered that court adjourn until 9 o'clock to-morrow.


16


.


170


PLUMAS COURT OF SESSIONS, SPECIAL TERM, April 25, 1854.


Court meets pursuant to adjournment.


Present : Hon. W. T. Ward, prest. Messrs. Gazley and Bonner, associates.


It appearing, to the satisfaction of the court, that the office of assessor is vacant, it is therefore ordered that John R. Buckbee be appointed assessor for this county to fill said vacancy, and that he holds his office until the next general election.


Ordered by the court that, in pursuance of a special act of the senate and assembly of the state of California for the organization of the county of Plumas and locating the county seat thereof, it is ordered that the county seat of this county be for the present at the house of H. J. Bradley, in the American valley, and that the proposals of the proprietors of the American ranch be by the court accepted and ordered to be filed in the office of the clerk of this court.


Ordered that court adjourn till to-morrow at 9 o'clock.


PLUMAS COURT OF SESSIONS, SPECIAL TERM, April 26, 1854.


Court met pursuant to adjournment.


Present, the Hon. W. T. Ward, president; H. M. Gazley and T. D. Bonner, associates.


Ordered by the court that the sheriff of this county furnish for the use of the county tables, desks, benches, candles and sticks, as soon as possible.


Ordered that the clerk of this county procure for the use of this county 6 copies of the com- piled laws of this state.


Ordered that court adjourn until court in course.


JOHN HARBISON, Clerk.


The court at this time was composed of County Judge William T. Ward, a farmer residing in Indian valley, Henry M. Gazley, a miner at Smith's bar, and Thomas D. Bonner, a gentleman of elegant leisure residing at Onion valley, and referred to elsewhere as the peregrinating justice. The first grand jury assembled at this time, and was composed of Asa C. Pierce (foreman), E. Fiteli, Orrin Rice, A. G. Clark, John W. McCorkle, James W. Kirlin, John K. Lovejoy, Orlando Fuller, D. J. Gloyd, E. P. Grubbs, F. B. Whiting, W. Elsworth, W. C. Kingsbury, Samuel A. Knight, John L. Davis, John B. Overton, G. W. Robinson, James W. Hayes, Peter Day, H. J. Bradley, Robert W. Neil, John S. Thompson, William V. Kingsbury. . Mr. Whiting says he has a vivid recollection of being one of said grand jurors, and of the perplexities suffered on that occasion in consequence of the inebriated condition of the district attorney, whose counsel was needed so much in the per- formance of their duties. The jury was cribbed in one of the hotel rooms (Bradley's American ranch), closely guarded by the sheriff, and maintained a masterly inactivity for three days, when suddenly the district attorney made his appearance in a very mellowed condition, and thus addressed the jury : "Hell's bells and turtle shells! Gentlemen of the grand jury, what are you doing all this time?" The foreman responded, that, owing to ignorance of the law, they felt unable to pro- ceed in the line of duty. "Know ye not the law ?" said the district attorney. "Know ye not that John Doe and Richard Roe, and a thousand others throughout the broad commonwealth of Plumas, are selling groceries et al. without license? They must all be indicted." The result was, that in two hours the jury came into court and presented thirty-four indictments against sundry dealers in beef, whisky, etc. The defendants all pleaded not guilty, and their cases were argued and sub- mitted to the judge, who fined each of the defendants one cent and costs, and adjourned the court.


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OFFICERS OF THE COURT OF SESSIONS.


COUNTY JUDGES. ASSOCIATE JUSTICES.


1854 William T. Ward.


H. M. Gazley, Thomas D. Bonner, John K. Lovejoy, James H. McNabb. James H. McNabb, Jobe T. Taylor, A. D. McDonald, H. D. Canfield, D. J. Wilmans, Lewis Stark, D. W. C. Baird. D. J. Wilmans, Lewis Stark, E. P. Grubbs.


COUNTY JUDGES. ASSOCIATE JUSTICES.


W. S. Ingersoll,


1858. Edmund T. Hogan. Lewis Stark, E. P. Grubbs. A. E. Wait, 1859. Edmund T. Hogan.


E. P. Grubbs. W. K. Logan, 1860. Edmund T. Hogan. J. B. Allebaugh. W. K. Logan,


1855. William T. Ward.


1856. William T. Ward.


1857. William T. Ward.


H. Jones, John D. Goodwin, W. S. Ingersoll, N. H. Ranny.


A. P. Moore, 1861. Edmund T. Hogan. Lewis Stark, J. J. L. Peel. W. K. Logan, 1862. Edmund T. Hogan. J. J. L. Peel, A. P. Moore. A. P. Moore, 1863. Edmund T. Hogan. Hamilton Brown, George S. Beers.


The last session was held on the eleventh of November, 1863, the court having been abolished by the constitutional amendments of that year. Until the spring of 1855, this court also adminis- tered the governmental affairs of the county, but was at that time relieved of the duty by the creation of a board of supervisors.


SUPERIOR COURT.


At the election in September, 1879, Hon. G. G. Clough was chosen judge of the superior court of Plumas county, and opened his court on the fifth of January, 1880, the following being the record :


IN THE SUPERIOR COURT OF THE COUNTY OF PLUMAS, STATE OF CALIFORNIA, Monday, January 5, 1880.


The court convened pursuant to law.


Present, Hon. G. G. Clough, Superior Judge; W. T. Byers, Clerk; J. H. Yeates, Sheriff; R. H. F. Variel, Dist. Atty.


It is hereby ordered that the clerk of this court procure a seal therefor, bearing the same device shown on the seal of the district court heretofore used in that court, and to have the follow- ing description surrounding the same: "Superior Court, Plumas County, California."


It is hereby ordered that the clerk of this court enter all probate matters coming before this court in the books provided for the late probate court, and all other matters, whether formerly of county or district court jurisdiction, in the records provided for the late district court.


It is hereby ordered that J. D. Goodwin, E. T. Hogan, and R. H. F. Variel, Esqs., be appointed a committee to examine H. P. Wormley, Esq., as to his qualifications to perform the duties of official phonographie reporter of this court, and that said committee file their report on or before Monday, the 12th inst., at 10 o'clock A. M. of said day.


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It is hereby ordered that until the further order of this court the hour of meeting for the business of each day be fixed at 10 o'clock A. M.


The court then adjourned for the day.


G. G. CLOUGH, Judge.


On the preceding page of the record appears a copy of the certificate of election of G. G. Clough as superior judge of Plumas county, signed by William Irwin, governor, November 1, 1879, and attested by Thomas Beck, secretary of state.


This court, created by the new constitution, combines the duties and powers of the former district, probate, and county courts, and is the only court of record in the county. There are 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 Yuba and Sutter combined; and one in each of the other counties of the State. The term of office of a judge of the superior court is six years.


JUSTICES OF THE PEACE.


The justices who have filed their official bonds in the county clerk's office, and thus qualified to perform their duties and dispense local justice in the various townships of the county, is a long one. The first ten were elected and served while this section was a constituate portion of Butte county.


Township. Qualified. Oct. 6, 1851.


Township.


Qualified.


*Samuel Carpenter, Mineral,


*S. S. Horton, Mineral, Oct. 13, 1851.


D. A. Jones, Quartz, Dec. 1, 1856. *Edwin Fitch, Quartz, Oct. 27, 1851.


Joseph McDermint, Quartz, Dec. 1, 1856.


·I. B. Prible, Plumas, Dec. 1, 1856.


William Edwards, Washington, Dec. 1, 1856.


J. J. Hicok, Dec. 2, 1856. Feb. 4, 1857.


George H. Dana,


William D. Farren, Fillmore, Ang. 8, 1857.


*D. F. H. Dow, Mineral, Oct. 10, 1853.


*H. M. Gazley, Mineral, Jan. 7, 1854.


William Dempsey, Rich Bar, Sept. 22, 1857. Bradford B. Stevens, Washington, Sept. 22, 1857.


Samuel H. Bancroft, Quartz, July 6, 1854. John B. Gibbons, Washington, Sept. 16, 1854.


Lewis Stark, Plumas, Sept. 22, 1857.


William S. Ingersoll, Mineral, Sept. 22, 1857. Martin R. Streeter, Washington, Sept. 16, 1854. Jobe T. Taylor,


Robert C. Hayden, Indian,


Oct. 5, 1857.


James H. McNabb, James Twing,


Plumas, Sept. 16, 1854. Washington, Oct. 2, 1854. Mineral, Oct. 2, 1854.


A. H. Rainey,


Plumas, Oct. 7, 1857.


John K. Lovejoy, Mineral, Oct. 2, 1854. E. P. Grubbs, Plumas, Oct. 7, 1857. Lewis Stark, Plumas, Oct. 2, 1854. L. J. Wilson, Quartz, Nov. 13, 1857. H. B. Canfield, Morris Smith, A. D. McDonald, Washington, Nov. 6, 1854. John D. Goodwin, Mineral, Nov. 13, 1857. William Webb, Rich Bar, May 22, 1858. Mineral, May 23, 1855. Washington, May 29, 1855. E. P. Grubbs, Plumas, Sept. 28, 1858.


Lewis Stark, Plumas, . Nov. 24, 1856.


Charles McCrea,


Plumas, Nov. 26, 1856.


Charles E. Smith,


Quartz, Oct. 4, 1858.


Alexander E. Waits, Washington, Oct. 12, 1858.


* Elected for Butte county.


.


Jolın B. Allebaugh, Mineral, Oct. 4, 1858.


Lewis Stark, Plumas, Oct. 4, 1858.


John D. Goodwin,


Mineral, ' Dec. 1, 1856.


James Twing, Mineral, Dec. 1, 1856.


*John B. McGee, Quartz, Sept. 6, 1852.


*Thomas D. Bonner; Quartz, *William Robertson, Quartz,


Nov. 22, 1852. July 22, 1853.


*Lewis Stark, Mineral, Aug. 10, 1853. *Thomas D. Bonner, Quartz, Oct. 7, 1853.


William K. Logan, Plumas, Oct. 5, 1857.


James Kitts, Quartz, Oct. 5, 1857.


THE PLUMAS NATIONAL. QUINCY, PLUMAS COUNTY, CAL.


This paper was started August Ii. 1866, by the UnionPorty of Plumas County,with H. L.Gear as Editor and Manager. He continued in charge of it until Feb 8, 1868, when he resigned in favor of L.C. Charles, who acted as Manager until July 2.1870, when the paper was purchase ed from the Republi- can party by Charles & Ward, and changed from a party paper


PLUMAS NATIONAL


AW.KEDDIE SURVEYOR


to an independent paper. On Jan.14, 1871. the present proprietor purchased Mr. Charles' interest, and assumed the entire control and editorial management, which he still retains. The NATIONAL subscrip- tion list has steadily increased, and it now enjoys a large circula- tion, and is a first-class medium for advertising. Itis the official paper for Plumas County.


WM.E.WARD,


EDITOR AND PROPRIETOR.


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Township. Qualified.


Township.


Qualified.


William Webb,


Plumas,


Nov. 20, 1858.


Nelson Stewart, Quartz, Jan. 25, 1864.


David Kirkham,


Seneca, June 14, 1859.


Norman K. Wright, Mineral, Jan. 29, 1864.


E. H. Metcalf, Mineral, Jan. 29, 1864.


G. W. Miner,


Mineral, Sept. 28, 1859.


A. J. Gifford, Plumas, Feb. 3, 1864.


Robert C. Hayden, Indian, Sept. 30, 1859.


Moses Bull,


Seneca, May 19, 1865.


William K. Logan, Plumas,


Oct. 3, 1859.


M. B. Sturges, Washington, Nov. 6, 1865.


William Webb,


Plumas, Oct. 3, 1859.


T. F. Hersey, Plumas, Nov. 9, 1865. B. B. Stevens, Washington, Nov. 23, 1865.


John B. Allebaugh, Mineral, Oct. 3, 1859.




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