USA > California > Lassen County > Illustrated history of Plumas, Lassen & Sierra counties, with California from 1513 to 1850 > Part 63
USA > California > Plumas County > Illustrated history of Plumas, Lassen & Sierra counties, with California from 1513 to 1850 > Part 63
USA > California > Sierra County > Illustrated history of Plumas, Lassen & Sierra counties, with California from 1513 to 1850 > Part 63
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SENATORS.
ASSEMBLYMEN.
James H. Gardner 1853-John C. James, Francis Anderson. 1855-H. A. Gaston, A. A. Hoover. W. T. Ferguson 1856-S. M. Miles, B. J. Coil. 1857-J. A. Clarke, R. D. Hill.
Moses Kirkpatrick 1858-James A. Johnson, Josiah Lefever. 1859-James A. Johnson, T. J. Haliday. *Harry I. Thornton, Jr. 1860-John Dougherty, Thomas Wright.
William Kimball
1861-David Lane, E. B. Smith.
Francis Anderson
1862-E. B. Smith, James Crawford.
L. E. Pratt
James W. Moyle 1863-S. H. Alley, R. S. Weston. 1865-M. A. Singleton, G. Meredith. 1867-T. S. Batelle, J. W. Downer.
H. K. Turner
1869-B. J. Sammons, John Koutz.
H. K. Turner
+Niles Searles.
¿B. J. Watson
. 1871-B. J. Sammons, D. L. Whitney. 1873-G. Winchell, W. R. Morgan. 1875-John Koutz. 1877-L. Byington. 1879-James Nelson. 1880-G. Wood.
* Resigned in 1861.
+ Sierra and Nevada counties formed the 24th district in 1874: Nevada with one senator and three assemblymen, and Sierra with one senator, jointly with Nevada, and one assemblyman.
# Joint senator with Nevada.
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PRESIDENTIAL AND GUBERNATORIAL VOTES FROM 1852 TO 1880.
Year.
Election.
Candidates.
Party.
Vote.
Total.
1852. Presidential
Franklin Pierce
.Democrat. .
1,619
Winfield Scott
Whig 1,348-2,967
1853. Gubernatorial .
John Bigler
Democrat
1,906
William Waldo
Whig
1,515-3,421
1855. Gubernatorial
J. Neeley Johnson
Know-Nothing
3,070
Democrat 2,148-5,218
Democrat
2,506
John C. Fremont
Republican 693-5,404
1857.
Gubernatorial
John B. Weller
Democrat. . 2,555
Edward Stanley
Republican 473
George W. Bowie
American
1,810-4,838
1859. Gubernatorial
Milton S. Latham
Democrat
2,814
John Curry A. L. Democra
1,666
Leland Stanford
Republican 295-4,775
Abraham Lincoln
Republican 1,468
Stephen A. Douglas
I. Democrat
1,539
John C. Beckenridge
John Bell
Con. Union
389-4,743
1861.
Gubernatorial
. Leland Stanford.
. Republican
2,147
J. R. McConnell
Democrat
1,423
John Conness
Union Dem
1,200-4,770
1863. Gubernatorial
Frederick F. Low
Union
. 2,380
John G. Downey
Democrat 1,303-3,683
1864. Presidential
Abraham Lincoln.
Union 2,501
George B. McClellan
Democrat
1,037-3,538
1867. Gubernatorial
.. George C. Gorham
. Republican
955
Henry H. Haight
Democrat . 698
Caleb T. Fay ..
Ind. Repub
97-1,750
1868. Presidential
Ulysses S. Grant
Republican
1,328
Horatio Seymour
Democrat 794-2,122
1871. Gubernatorial
Newton Booth
Republican 1,173
Henry H. Haight
Democrat
633-1,806
1872. Presidential Ulysses S. Grant
Republicar
926
Horace Greeley Lib. Dem
374-1,300
1875. Gubernatorial . John Bidwell
Independent
519
William Irwin
Democrat.
470
T. G. Phelps. .
Republican .
348-1,337
1876. Presidential
Rutherford B. Hayes Republican 917
Samuel J. Tilden . Democrat
511-1,428
1879. Adoption of New Const .. Yes N
514
731-1,245
1856. Presidential
John Bigler
James Buchanan
Millard Fillmore
American
2,205
1860. Presidential
.Democrat
1,347
437
Year. Election.
Candidates.
Party. Vote.
Total.
1879. Gubernatorial
. George C. Perkins
Republican 826
Hugh J. Glenn
Dem. and New Const .. 457
William F. White
Workingmen 225
Scattering
2-1,510
1880. Presidential .
James A. Garfield
. Republican
997
W. S. Hancock
Democrat
560
James B. Weaver
Greenback
12-1,569
COURT-HOUSE AND HOSPITAL.
On the third of August, 1853, G. A. Booth, E. J. Smith, and T. Purdy were appointed by the court of sessions to draw up specifications for a jail in Sierra county. The state of society which then existed, the large population that Sierra could boast of, and the numerous criminals whom it was highly important should be temporarily deprived of their liberty, made the erection of a con- venient bastile not only a necessary, but an economical, step. The committee alluded to submitted a report to the court August 18, but it was referred back to them for amendments and alterations; and so changed, to be published in the Mountain Echo at Downieville. The court decided, on the fourteenth of October, 1853, that it could not at this time take into consideration proposals for building a county jail, and the matter was postponed. However, five hundred dollars were appro- priated for a temporary jail.
A special term of the court of sessions was held March 14, 1854, to consider the expediency of building a court-house and jail, and the opinion prevailed that both were absolutely necessary to the proper administration of county affairs. The committee on plans and specifications appointed at this session were H. B. Cossitt, Benjamin Hall, Alanson Smith, and D. G. Webber. An adver- tisement for sealed proposals for the erection of a court-house 35x51 feet in size, a jail 36x13 feet, and a jailor's house 36x20 feet, was published for one month. Four bids were made on this work, which were opened April 18, and the contract was awarded to D. G. Webber, for $12,975. The other bids were made by J. F. Day, Cornelius Day, and William W. Robinson.
An order issned from the court on the seventh of April, taking for the public use as much land on Durgan's flat as was deemed necessary, the ground appropriated being then in the possession of William J. Ford. Three hundred and fifteen dollars were allowed him for this tract. In May, 1854, a tax of one-fourth of one per cent. was levied on the taxable property of Sierra county to pay the indebtedness incurred on the court-house and other buildings. On the eighteenth of De- cember of the same year, fifteen hundred dollars were appropriated as a special fund for furnishing the court-house.
The buildings that the county had contracted for at such a liberal price were put up during the summer of 1854, but the court, considering that the specifications were not closely adhered to, refused to accept the buildings when finished. They remained unoccupied till the first meeting of the board of supervisors, May 6, 1855, when that body accepted them for the use of the county, as we have already shown on a former page. The court-house still stands on a sightly point of Dur- gan's flat, and though not an imposing or gorgeous structure, presents a very substantial and cred- itable appearance.
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To supply medical attendance and suitable food to those who, by misfortune or through their own faults and misdeeds, are deprived of the greatest boon of life-health-and have not the means to recover it or to alleviate their sufferings, has from the first been a matter of solicitous care for the people of Sierra county. To the cry of distress they have never turned a deaf ear. Camp hospitals, where the disabled or broken-down miner might find a welcome refuge, were sustained in many communities by freely given donations. It is necessary to correct the impression prevail- ing among the new generation, that in the early days the every-man-for-himself policy was universal through the mines. Though men lived rough, talked rough, and acted rough, the average miner had a great, noble heart, capable of feeling the sufferings of others; and his purse-strings were seldom tied when calls were made for help. The first official provision made for the aid of unfor- tunates was the appointment by the court of sessions, on the eighth of May, 1854, of Doctors T. R. Kibbe and C. D. Aiken as physicians for indigent sick. On the eleventh of May, 1855, the board of supervisors appointed a resident physician in each of the three supervisor districts, to furnish medical attendance upon the indigent sick of the county. The following appointments were made :
Dr. Alemby Jump in district No. 1, with a salary of $500.
Dr. R. W. Carr in district No. 2, with a salary of $700.
Dr. W. E. Rust in district No. 3, with a salary of $500.
Changes were made each year in the physicians, until 1858, when the district system was dropped, and one physician for the whole county was appointed, who had all the indigent sick under his charge. In November, 1858, the supervisors ordered the fitting up of the old Fetter building on Jersey flat, in Downieville, for a hospital, and in December, Dr. E. J. Bryant was ap- pointed to its charge. Dr. Bryant at that time was a promising young physician, and afterwards married the daughter of Samuel Hungerford, now Mrs. Mackey. He held. the position of county physician until 1862, when Dr. Thomas R. Kibbe was appointed, and served two years. Dr. Alemby Jump was his successor, serving six years, until the appointment of Dr. G. C. Chase, in 1870, who presided over the hospital for three years. Dr. Jump was reappointed in the fall of 1873, and Dr. Chase again in 1875, serving two years. Dr. Jump became the county physician for the fourth time in 1877, and is still the incumbent of the position.
The new hospital, situated picturesquely on the north fork of the North Yuba, was built in the fall of 1880, and occupied in the middle of December. The main building is 24x46 feet in size, with two stories. The dining-room forms an addition 24 feet in length by 14 feet in breadth, and the kitchen another addition. The building is very neatly finished both inside and out, and is sur- rounded by well-kept grounds subject to constant improvements. The institution is admirably conducted under the management of Dr. Jump, and provides accommodation for twenty-six pa- tients, though the average number furnished with attendance for the last four years is fourteen at a time. The cost to the county for maintaining patients during several years has averaged eighty cents per day for each patient. During 1881 forty-nine persons were cared for. Four of these died during the year, twenty-five were discharged, and one sent to the state insane asylum at Napa. On the first floor of the main building is a receiving-ward, with bath-room and a small room for the incarceration of unruly patients. Up-stairs there are two wards and a steward's room. The institution is certainly a credit to Sierra county.
439
HISTORICAL REMINISCENCES.
A period corresponding in length of time to the average of human existence has elapsed since Sierra county became peopled with the Caucasian race. During that time much has occurred worthy of a place in the written chronicles of the past, and much that were best forgotten. Of the former, "the pruning-knife of time " has trimmed and lopped off the branches of vivid recollection, leaving only. the roots or trunk-the bare foundation of many a pleasing and instructive tale. Dozens of excellent stories are entirely lost through dumb forgetfulness, or through the death or removal of those who could tell them best; and the eager chronicler feels, as he scans his meager pages, that perhaps he has unwittingly at times passed by the richest lead to delve in barren, unpro- ductive ground.
The carly courts of Sierra county have furnished a few amusing circumstances not yet swal- lowed up in the lethean floods. In the fall of 1850, when Richard Galloway was alcalde of Downieville, a suit was brought before his court for adjustment. The parties to the suit were a couple of darkies on the one side and several white men on the other. The negroes had located a claim a mile above town on the south fork, and being industrious, were soon amassing considerable of this world's goods. Their good fortune excited the cupidity of some men, who failed to perceive that a negro had any rights which a white man was bound to respect. So they claimed to have made a prior location of the mining ground, and endeavored to oust the sable miners from their position. Through the spirit and determination of the darkies they failed in their designs, and finally, as a last resort, the matter was brought into court for adjudication. The court-room was the space included by a spacious canvas tent. Judge Rowe, for a liberal yellow fee, undertook the cause of the oppressed black men. A jury was called, and the trial began. The evidence adduced was rather damaging to the cause of the white plaintiffs, who, having been obliged to furnish sub- stantial sacks of dust as security for costs, began to perceive that unless something were done to turn the tide of affairs their wealth would soon swell the plethoric purses of the alcalde and jury. Kind fortune gave them an opportunity, ere all was lost, to retrieve themselves. A full hour had passed since the learned judge had partaken of alcoholic stimulants, and believing that the cause of justice would be furthered by a brief recess, he adjourned the court for a drink-a proceeding not uncommon in those days. So judge, jury, and audience rushed out at the welcome sound, leaving the negroes alon .. After reassembling, the plaintiffs brought in a sack of flour, which they pro- ceeded to empty over the heads of their black opponents, who were sweating in anxious expectancy for the result of the trial, filling their eyes, nostrils, and wool, and changing the color given them by nature to a paleness never attained by darky before. Amidst shouts of laughter they left the court-room, and could not be induced to return; in consequence of which, the case was decided against them.
EXTENT OF A MINING CLAIM.
The following peculiar court opinion is ascribed to a Downieville justice, though to whom the credit belongs of the brilliant decision no one is able to decide. When the county seat had reached its zenith of prosperity, a man began building a house on Jersey flat. Before the work had pro- gressed very far, he was notified by another party not to build, as the ground was his mining claim, and he intended to work it before long. No attention was paid to his warning, and the building
440
was completed. Mining was soon begun near the structure, and day by day the earth was torn away and washed for the precious metal. Steadily the foundations of the house were undermined, until it scarcely could preserve its equilibrium, and the owner ran considerable risk every time he entered it. Matters were now in a suitable shape for a lawsuit; attorneys looking for a job easily induced the house owner to rush into court, and W. S. Spear was retained by the plaintiff. During his argument before the court, he was asked by the judge if he admitted that his client had been notified not to build his house there. "Yes sir," he replied, but unabashed, continued to argue his case. Again the judge interrupted him with, " Mr. Spear, what is the use of all this talk? You have admitted that your client has no redress in law." Still the persistent attorney kept on, and would not be silenced. At last the judge jumped up and blurted out :
" It is the opinion of this court that a mining claim reaches up to heaven and down to hell. Now, Mr. Spear, if you can't get above or below that, please sit down."
UNAPPRECIATED ELOQUENCE.
A rough bully named Driscoll had a dispute, in 1851, with another man about a mining claim on Jersey flat, in Downieville. Both rushed into Justice Galloway's court with their grievances, which at that time convened in Jack Stratton's tent: being an exceedingly desirable place for veiled justice to frequent, as abundance of the liquor known as " sheep-herders' delight " was conveniently at hand. Hogue, the learned butcher, plead in the case against Driscoll. Hogue was a professional Fourth-of-July "sky-scraper," and when the occasion demanded, could work up a pretty strong decoction of allegory, metaphor, and floridity, with a slight tinge of withering sarcasm. As he got warmed up to his theme, and the canvas roof swelled with the power of his oratory, visions of his stock in trade floated across his mind, and he gave vent to many fine remarks about the " cattle on a thousand hills." Driscoll chafed before the thrilling bursts of eloquence. When the peregrinat- ing cattle had been hurled at him for the third or fourth time, he could stand it no longer, but pulling his pistol, shouted, "D-n your old cattle!"-at the same time swinging the weapon around in an uncomfortably familiar style, that precipitated a furious adjournment of Justice Galloway's court. All left but one juryman and Hogue, the latter having soared so high as to be unable to appreciate the situation all at once. Two sailors crawled under the tent, floored Driscoll from behind, and the result of that gentleman's escapade was a short term in the state penitentiary.
" PAP" HARRIS' SALE.
Back against the side hill on Durgan flat, in Downieville, were a large number of Missourians engaged in sinking shafts ; hence the locality came to be known as Missouritown. The inhabitants were not generally overfond of hard work, and quarrels frequently occurred with members of companies who wished to shirk their duties on somebody else. Three of these parties had a claim there in partnership, two of whom were hard-working, industrious men, but the third was afflicted with the epidemic that sometimes prevails, called laziness. He spent his time over town gambling and drinking, squandering what was wrested from the earth by his companions. One day they told him to go to work or to make himself scarce in those diggings. He took the latter course, while the others took another partner and continued at work. Being induced by the lawyers to resort to . the law, the expelled partner entered a suit to recover the claim, in Tom Graham's court. That functionary issued a summons on the others, which was served by Garland Harris, afterwards
HOTEL
SCOTT'S HOTEL, SIERRA CITY, CAL. J.A. SCOTT, PROPRIE TOR.
THE FAVORITE SUMMER RESORT .- ALTITUDE 4265 FT.
441
county judge. Pap Harris, as he was called, performed his duty as constable, at which the miners were alarmed, and a meeting was held to decide what was to be done. It was argued that if this indignity was submitted to, none of them would be safe hereafter from the lawyers and justices. So the owners of the claim were instructed to pay no attention to the summons, but to keep at work. This advice was followed, and when the case came up in court the defendants failed to appear ; consequently judgment was entered against them for costs and the claim, an execution sale was ordered, and Pap Harris posted the notice on the windlass at the mine. A conclave of miners was again held, and informal resolutions adopted that threatened a broken head and other dire calamities to the man who should dare to make a bid on the property. At the appointed time the high constable of Downieville appeared, invested with full legal authority to sell the mining claim. After reading the whys and wherefores, he said, " And now, gentlemen, what am I offered for this 'ere claim ?"
The crowd was numerous, but did not seem to be in a buying mood.
"Gentlemen, I am prepared to sell this claim if it brings nothing more than the court costs and my fees. Make me an offer."
Not a bid was made; even the lazy partner kept a discreet silence. Again and again Harris pleaded for bids. Knowing that his fees were jeopardized, he was willing to take anything for the claim, however small. But not even the customary bid of " two bits " was offered ; and finally he gave up in despair, and left the flat. The miners resumed their work, the lazy partner slunk back to his customary haunts, and the two whom it was impossible to sell out again delved with renewed spirit on their claim. The shaft soon paid large returns, and having made their pile, the defendants in the above suit were in the course of time lost sight of.
ASIATIC ANTICS.
In 1858 a Chinaman was kicked by a mule at Goodyear's bar, in consequence of which injury he dissolved partnership with earth, and was gathered to his antipodal fathers. The great san- · hedrim of celestials was immediately convened, and the Chinaman to whom the guilty mule belonged was summoned to appear before that tribunal with his vicious property. The animal was trotted up without saddle or bridle, and after a protracted "ching-chung-how-ee-lum," the jury of seventeen Chinamen proceeded to ballot on the question of shooting the long-eared prisoner at the bar, without giving him a chance of speaking in his own defense. Sanguinary counsels prevailed, and six pistol balls entered the mule's hide; after which his brains were clubbed out. Then it was resolved that the offending member must be cut off; but as mules kick promiscuously with both hind legs, it became a difficult problem as to which hoof should be lopped off. Numerous citations were made from Confucius and other Mongolian authorities, when it was decided that both legs should be amputated, and thereby get a dead sure thing on the mule; which order of the court was faithfully carried out.
A DURGAN-FLAT INCIDENT.
In the early part of December, 1861, Downieville was visited by a disastrous flood, the turbid waters of both forks having received vast reinforcements from the melted snows of the mountains. On the seventh, houses, flumes, fences, and "Jim Dixon's opera-glasses," floated down between the well-filled banks of the streams. On the eighth, the Jersey bridge swung around endways with the current, being held by cables from floating down. In the evening of that day the Durgan bridge
50
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went down with a great crash. The damage along the river was considerable. The people on Durgan flat were entirely shut off from their neighbors by the flood. There was but one place where liquor could be had, and fears were entertained on the other side that before night on the ninth there might be suffering among the Durganites. The Democrat of the week after contained a graphic account of the thrilling affair. We quote an extract :
" While deliberations were progressing, but coming to no satisfaction, men gathered on the stormy banks of Durgan and looked longingly across. A sensation is observed : as if moved by one mind, a score of brothers give the signal of distress, and the knights of the E. C. V. respond. Now something will be done. A stone with a string is thrown across. A stronger string is bent on that, and a rope to that; and then a hawser goes over. A shout is raised, and Durgan brightens. A block with tackle and ropes and wheel is rigged, and a message to Durgan goes in these words : ' What do you most desire?' The paper comes back to where the milkmen, and the baker-men, and the vegetable-men stand with their wares exposed. The message is opened; it is read-feeble pencil marks in a shaky hand, just legible-' Whisky, for God's sake.' Foolish waste of time. The men at the ropes upbraid themselves for having asked a silly question. Three bottles and a demi- john go over in a trice. Durgan is revived. Then a few more demijohns, bottles, and some of Wackerman's compliments go over. Two score of happy men are on that pier making the welkin ache with excessive ringing. A message goes to them in pencil : 'Do you want any bread ?' The reply came : 'No, there's half a dozen loaves this side of the river now, and it would spoil if there was any more. No suffering among the women and children ; but you might send over a basket or two of champagne, for fear the rope might break.' The two baskets went over. Durgan became saucy over its good store of the necessaries of life, and raised a seven-starred flag. A stove-pipe was reared on their pier and pointed for this side. It was diligently served and repeatedly fired, but their balls proved harmless. A commissioner went over in the chair with a flag of truce, and an understanding was brought about. It seemed that some one had thoughtlessly filled one of the demijohns with milk instead of brandy. The matter was satisfactorily settled by the retention of the commissioner as a hostage until brandy was furnished in place of the milk, and two extra bottles to make up the expenditure for powder."
PUNISHMENT BY THE LASH.
The infliction of stripes upon the human body as a punishment for lesser crimes than murder, horse-stealing, or highway robbery was early practiced in California. Not only were the stinging thongs wielded by the merciless mob, but the regularly organized courts, in accordance with law, countenanced the whipping of criminals in certain cases, and gave the castigation themselves, through their executive officials. In Sierra county cases of legal whipping are exceedingly rare, and but two or three occur to us as we write. The first instance of the whipping kind happening in Sierra county was in the year 1850, at Downieville. A poor, destitute man was caught in the act of stealing a small article from a store. He was immediately secured, and a crowd quickly gathered around. The first cries were to " hang him," but a suggestion from somebody that he be whipped averted the fatal stroke, and he was taken by his captors to a tree close to town, to which he was tied, with his back bared to the waist. A burly sailor produced an ugly-looking raw-hide, which was applied to the writhing flesh of the victim with an energy that the occasion hardly demanded. The terrible lash rose and fell with even stroke until the regulation number of thirty- nine stripes had been administered, when the master of ceremonies raised his hand and said,
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" Enough." The ropes were untied that bound the wretched man, and he was ordered to put on his clothes. He was asked :
" Have you any money ?"
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