USA > California > Los Angeles County > Los Angeles > Los Angeles from the mountains to the sea : with selected biography of actors and witnesses to the period of growth and achievement, Volume I > Part 30
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stoop of a quiet summer night, when the orange blossoms filled the air with fragrance, and the mocking birds were singing their love songs to their mates, to practice on his cornet, but what the defendant would line up her children on the other side of the fence, having each one of them indus- triously beating a tin can.
Eastman was examining him, and with his most affable smile, and a wave of his hand, said, "An opposition band, Mr. Desmond."
When the trial was ended, the judge denied the plaintiff his divorce. There was nothing from our client too good for us then. She came to the office and was all humility, apolo- gized for her past conduct, and was most effusive in her congratulations and praise of our efforts. She rushed up to Judge Brunson and said to him: "Do you know who you put me in mind of?" "No, I don't," he replied. Realizing that what she was about to say was sacrilege, she rolled her eyes, made the sign of the cross, and said, "Of our good Lord Jesus." She left the office.
Within a week after the trial of this case, our client, the defendant, dropped dead. Charlie Gould, court room clerk of the court in which it was tried, met Judge Sepulveda, before he had heard of it, and said to him: "Judge, God has overruled one of your decisions." "How's that?" said Sepulveda. "Why, you denied Hargitt a divorce, and He has granted him one. His wife dropped dead this morning."
Shortly afterwards Hargitt administered his wife's estate, and came around to pay us our mortgage. He paid the money, and was given a satisfaction of mortgage. Eastman then put his arm around his shoulders, and walked up and down the room with him. "Old man, you ought to double that fee, and then be under lasting obligations to us."
Hargitt said, "Why?" "Well, don't you see, if we had not successfully defended your action for divorce against your wife, you never would have had the privilege of admin- istering her estate, or cutting this pie."
Brunson was a great distinguisher of cases. I believe he was better at this than even Justice Lucien Shaw when writing an opinion involving a water right. When you got
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him "nailed to the cross," as you thought, with a pile of authorities, all applicable to your case, he would, in an in- genious way, distinguish them from his case, and waive them aside.
Like many other men of genius, Brunson lacked a balance wheel. He destroyed the vital forces of his physical system, deadened all the moral instinct of his nature by indulging in the worst sort of dissipation. He let power and influence and standing and character slip from his grasp, and he died long before his time, as much from the disappointment, which he keenly felt, as from any physical ailment.
In my own opinion one of the greatest orators who ever delivered an oration in California and one of the ablest of her lawyers, was James G. Eastman. He had passed the meridian of his career before arriving here. He was a better educated, better read man than Brunson. He had more prac- tical, common horse sense and was a better judge of men and of human nature than Brunson.
He had all of Brunson's vices, and lacked the same virtnes that Brunson lacked. He was not the latter's equal as a book read lawyer, but in many other respects he was his superior. In the case of the People vs. Waller, a murder case, he com- mitted the indiscretion of spiriting away a witness, was caught at it, convicted and fined for it. This marked the beginning of his downfall. His connection with the Hoyle extradition case brought him still further disrepute. Power- ful friends of his more prosperous days gradually deserted him; health failed him; disease rendered him revolting to look upon, and after wandering the streets of this city by day and by night for years, a mendicant, he died at the County Farm, a mental, moral and physical wreck. Like many of our brilliant men, he paid the penalty of genius.
Here let me pay this tribute to each of these men: I en- tered Eastman's office in 1873, a young man just from college, a stranger to the world, and with character unformed. I came to the office of Brunson and Eastman two years later. Dissipated as these men were, their advice to me was always good. They warned me against the evils of drink and de- bauchery. They pointed out to me the straight and narrow
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path. As far as I am concerned, they were teachers of all that was good and inspiring, no matter how bad an example they set me, and they were proud of me as a man of good character and habits, and as long as either of them lived, rejoiced at my success.
By one of those peculiar political accidents which are con- stantly occurring, Don Pedro Carrillo, a native Californian of distinguished family and appearance, but without legal knowledge or training, was elected justice of the peace in this city. In fact, his ignorance of the law was so great, his general understanding so dense, his stupidity so intense, that had he lived in this age he certainly would have been elevated to the Supreme Bench, or have been made the head of a law school.
He had his courtrooms in the second story of a brick building immediately north of the Cosmopolitan Hotel. The courtroom was reached by a wooden staircase outside of the building. The building was owned by the vigilante, Signoret. Carrillo was not very prompt about paying his rent, and when ninety days' rent became due, Signoret took off the lower step of the staircase; ninety days later he took off another step, and again another, so that at the time I am speaking it was quite an acrobatic feat to gain access to "His Honor's Court." But the judge was ingenious. He got several dry goods boxes and improvised steps in lieu of those that were taken away. When he was departing from his daily labor, he passed the boxes up to his constable, who stored them in the courtroom, and the constable then shinned down the old staircase the best way he could. The next morning, with the justice's assistance the constable mounted the stairs, passed out the boxes, and the judge then ascended.
His office was run on the fee system, and he was a great stickler for his fees. He would swear a witness, and then say, "Hold on a minute; let me charge up that oath." When duly entered in his register of actions he would allow the attorneys to proceed. He found out that interpreters were entitled to pay for their services, so he did the interpreting himself, allowing himself pay for it.
H. T. Hazard was a member of the firm of Howard & Vol. 1-23
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Hazard. He enjoyed a lucrative practice, especially among the native Californians. I think the following story concern- ing him is worth relating: An utterly disreputable fellow named William Cape, who ran a low saloon and a lower lodging house, but who was extremely useful at election time to certain of our politicians because of his peculiar ability to deliver his ward to his political friends by a much larger ma- jority than the ward contained residents-Cape hadn't any property, ran his business from hand to mouth, but nothwith- standing this fact, he qualified on a bond of $5,000 in a probate proceeding. The qualification was had before Judge Albert M. Stephens, who was county judge, with probate jurisdiction. Knowing the utter financial worthlessness of the man, the oath surprised Stephens, and he looked the matter up and charged the man, before the grand jury, with perjury. He was indicted, convicted and sentenced to the penitentiary. Hazard took an appeal for him. He was confined in the county jail. By trade he was a plasterer. He was allowed the privileges of the place, and he actually plastered all the old jail building, inside and out, pending his appeal. He even walked around town occasionally, but he kept faith with his political friends and the jailer, and was always inside at night time.
His case was argued by Hazard before the Supreme Court. Hazard was making very poor headway in getting away from the facts. "But," he exclaimed, "your Honors, don't you understand this man signed this bond for the accommodation of his friend?" "Mr. Hazard," said Chief Justice Wallace, "do you claim that a man may commit perjury for the ac- commodation of a friend?"
This was a poser for Hazard which he could hardly get around. The case was submitted, and Cape continued to be . handy man around the jail. When, however, an opinion of the Supreme Court was filed in San Francisco, affirming the judgment, the news was telegraphed here, Cape was informed of it, his cell was left unlocked, and a convenient ladder at hand. He scaled the jail wall, went to San Pedro, took a coast vessel for British Columbia, and was never heard of
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again in Los Angeles, and no effort was ever made to retake him.
I do not make the charge that Mr. Hazard had anything to do with Cape's escape. Hazard is an honest man, and would not have done anything involving the slightest moral turpitude.
In these old days there lived in San Diego a lawyer named Wallace Leach. He possessed as much ability as all the men I have previously mentioned combined. Dissipated, but in- dustrious, with low instincts, yet not lacking in some admir- able traits of character, he was a queer compound of gall and vanity. He was about four feet and a half tall, gracefully built, of fair complexion, with light hair and beard and blue eyes, neat in his dress, and an extremely good-looking and intellectual-looking little fellow. I heard him make an argu- ment in the Supreme Court at Los Angeles in a murder case from San Diego, which was a most masterly effort. He was listened to with rapt attention by both court and lawyers present, and after an impassioned plea, in closing, he briefly reviewed the circumstances of the killing, the defense being a plea of self-defense, and I can yet hear as plainly as if it were yesterday, his last words, which were: "And now, your Honors, if that be murder, make the most of it."
The attorney-general closed the argument, and Leach left the courtroom. He was stopping at the St. Charles Hotel. He went there, and in half an hour was as drunk as a lord, quarreled with the hotel clerk, borrowed a wheelbarrow from the porter, piled his luggage and briefs into the barrow, and started down the street to the United States Hotel, trundling the wheelbarrow and leading a yellow dog by a string.
The Supreme Court rooms were over the old Farmers and Merchants Bank Building, and when he came along, Chief Justice Wallace and myself were standing at the foot of the stairs, talking, waiting for my carriage, in which we were going to take a drive. Leach wobbled along, looked up at Judge Wallace, sat down his wheelbarrow, and called to him : "Hello, Judge; get on and ride," waving his hand toward the wheelbarrow. The judge declined the invitation, told him he was so heavy he would break down the barrow. Leach
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took hold of the handles, started off again, and said, "Oh, hell! you're not a dead game sport," and went his way.
With all his faults, he was an extremely kind-hearted man. He and A. B. Hotchkiss of San Diego had a fight in the court room and were not upon speaking terms. Shortly after this, a meeting of the Bar Association of San Diego was held. It took steps to disbar Hotchkiss for accepting a bribe, while District Attorney, from John G. Downey and Louis Phillips, in consideration of which he dismissed a tax suit against them. The Bar appointed Judge Chase, Judge Luce, and I think one other attorney, to prosecute Hotchkiss. Leach immediately bounced up, said he believed in fair play, and that, having appointed a committee to prosecute this unfortunate man, it was the duty of the bar association to appoint another com- mittee to defend him. The lawyers present disagreed with him and declined to appoint such a committee. "All right," said Leach, "then I will defend him," and he turned in and worked on that case as he never worked for any man before. Judgment was rendered against Hotchkiss in the court below, and an appeal was taken to the Supreme Court. Judge J. S. Chapman assisted Leach in this appeal, and on a point sprung by him-Chapman-namely, that the information against Hotchkiss had been improperly verified, the Supreme Court reversed the judgment.
The spasm of virtue which had seized the San Diego Bar had by this time oozed out, and no further prosecution of the case was ever had. Before this case was tried, Mr. W. J. Hunsaker, then a law student in either Chase's or Luce's office, came to Los Angeles to take the deposition of Louis Phillips, who was supposed to have paid Hotchkiss the money. The deposition was to have been taken by Wilse Potts, county clerk. Hunsaker had subpoenaed Phillips, paying him his per diem and mileage, and had him in attendance before a deputy clerk named Charlie Judd, whom Potts had delegated to act for him, he being engaged before the Board of Super- visors. Judd was in a constant state of inebriety, and that day his breath smelled like a still house with the roof blown off. I appeared, at Leach's request, for Hotchkiss. Phillips was sworn, and the first question Hunsaker put to him I ob-
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jected to on the ground that Hunsaker was not an attorney of the Superior Court of the State of California, of which Potts was clerk. Deputy Clerk Judd at once assumed judicial functions, leered at Hunsaker, and in a thick, husky, alcoholic- laden voice said, "Mr. Hunsaker, have you been admitted to this bar?" Hunsaker said he had not. "Then you cannot practice in this court. Objection sustained," and the hearing came to an end. Being only too anxious to get away, Phillips fled, and Hunsaker returned to San Diego, and the deposi- tion never was taken. I never see or think of Hunsaker but what I mentally apologize for the outrage perpetrated on him.
I was in the District Courtroom in San Bernadino County one hot summer day. Some San Diego Jewish merchants whom Leach represented had attached some cattle in that county. Certain parties replevined the cattle, claiming to own them. This claim and delivery action was being tried before a jury, with the late W .. R. MeNealy of San Diego County sitting as judge in San Bernadino County. A local attorney represented the plaintiff, and Leach the defendant.
All during the trial this attorney tried to bulldoze Leach, but, figuratively speaking, Leach simply walked all over him. In his address to the jury, plaintiff's attorney used up all of his time lambasting the Jews-these Jews in particular, and all Jews in general. Leach replied to him in a close, clear, forcible argument, making every point in the case in a most intelligent and winning manner. He then proceeded to reply to counsel's attack upon the Jewish race, and he paid those people the most beautiful tribute that it was ever my pleasure to listen to. He traced the history of the Jewish race from its earliest beginning; showed how they had been persecuted; how they were denied the privilege of owning real estate, and were compelled to be merchants, possessing only property which could be moved upon a moment's notice; dwelt upon their many admirable traits of character, and the high standing that they had attained throughout the world. He could not, however, resist the chance for a joke, and suddenly descending from the sublime to the ridiculous, he said: "And coming down to our own times and our own people, what other race of men on the face of God's green
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earth, except the Jews, could sell a forty-dollar suit of clothes for eight dollars, and get rich at it?"
The jurymen were mostly farmers sitting there with their coats off, and they literally howled with delight. Judge Mc- Nealy in vain pounded his desk and rapped for order, and it was some time before Leach could proceed. A verdict was promptly rendered, when the case was submitted, in favor of Leach's clients.
Leach, in a state of intoxication, was thrown from a horse which he was attempting to ride, and after lingering for some time, died of his injuries so received.
I cannot leave this subject without paying a slight tribute to the memory of two of my closest friends, each an intellec- tual giant-John S. Chapman and Stephen M. White, lately of the Los Angeles Bar. I was thrown into intimate contact with both of these men for many years. While in some respects alike, in others they were utterly dissimilar. They were alike in the simplicity of their lives and characters. They never realized their greatness. They were alike in that each of them had completely mastered the great fundamental principles of all law and of all justice. They differed in tem- perament. White was cheerful in demeanor, hopeful, and always confident; Chapman, gloomy, despondent and fearful of results. Chapman shrunk from, White sought the applause of clamoring multitudes. They differed in the manner in which they applied their vast knowledge of the law to the practical affairs of men. Chapman acquired his legal knowl- edge by slow processes and the hardest kind of work. White acquired his intuitively, but he rounded out his knowledge of it by close and earnest application. Chapman was the profoundest, White the most versatile lawyer I ever met.
They were associated together in much important litiga- tion. Chapman profited by the spur of White's more active mentality, White by Chapman's closer reasoning powers and more cautious mental analysis of legal conditions governing the subject under investigation.
Chapman was the clearest and deepest thinker, White the most aggressive advocate. White was the master of invective, Chapman of persuasion. To win a jury, Chapman would not
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stoop to any of the tricks of the demagogue. White would, but always moved by honest impulses. Chapman enveloped a jury, just as the rising tide on a peaceful summer sea envelops the rocks on the shore line-slowly, surely, without noise, without tumult. White carried all before him, with irresistible assault, just as the mountain stream, swollen to undue proportions by torrential rains, sweeps everything before it to destruction. Chapman relied upon a calm and dignified appeal to reason; White took a short cut by an appeal to passion.
They achieved the same results by different processes. They traversed the profoundest depths of the realms of thought by routes unknown to other men. We are all better off for having known these men. They have preceded us to that mysterious shore we know naught of, Chapman dying from long continued mental drudgery, and the mental and physical slavery he had unconsciously yielded to and could not shake off. White died a victim of unquenchable ambition, under the stimulus of which he destroyed his health and wrecked his life. They have left us the living memory of two kindly, gentle spirits who sprung from the people, raised themselves through industry and ability to positions at the bar that any man, in any land or in any age, could well have envied them.
Contemplating the achievements of these two men, we must conclude that the human race is still progressing and advane- ing in intellectual development. I rejoice that these men were my friends, that I had their respect and confidence, and that they loved and trusted me.
Thus concludes Mr. Graves. To begin where he left off would be to write another chapter of the Bench and Bar of Los Angeles. But since the characters in such a story would be those of men now living, it is a matter which can be more safely left to the future historian when these days in which we now live are gathered to the dust.
Before the time of Mr. Graves, however, there were in Los Angeles interesting and distinguished men who were important in the service of the law and the courts. By ref- erence to an old record we are able to recall these men to
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memory, as well as to glean some side lights on their char- acters.
The first election held in Los Angeles after the admission of California into the Union was on April 1, 1850. Three hundred and seventy-seven votes were cast in the county. The officers chosen were: County judge, Agustin Olvera; county clerk, Benj. Davis Wilson; county attorney, Benj. Hayes; county surveyor, J. R. Conway; county treasurer, Manuel Garfias; county assessor, Antonio F. Coronel; county recorder, Ignacio del Valle; county sheriff, George T. Burrill; county coroner, Charles B. Cullen.
Don Agustin Olvera, when elected county judge, was "Juez de la Instancia"-judge of first instance-of the Los Angeles District, under appointment of Governor Riley. He emigrated to California from the City of Mexico, and arrived September 16, 1834. There came at the same time Don Ignacio Coronel, his wife, Dona Francesca Romero, two sons, Don Antonio Franco Coronel and Don Manuel Coronel, and four daughters. They formed a part of the celebrated expedition of Don Jose Maria Hijar and Don Jose Maria Padres, which had been organized with infinite care for col- onization in California, especial view being had to select men of character, intelligence and some useful occupation.
The expedition consisted of lawyers, physicians, printers, carpenters, tanners, saddlers, shoemakers, hatters, tailors, laborers, and a confectioner.
Don Joaquin de los Rios y Rios was a surgeon of repute in Los Angeles and San Diego for several years after 1840, until his death. Don Francisco Torres, another physician, re- turned to Mexico. Don Ignacio Coronel was a schoolmaster, and taught in Los Angeles for a long time, afterward con- fining himself to the duties of secretary of the Ayuntamiento: subsequently he was a justice of the peace.
Education was especially provided for by the Mexican Government in this colony. The missions had just been secu- larized; the formation of pueblos was therefore contemplated. Accordingly, experienced teachers were sent for the public schools to be established at each mission; which measure took effect at the Missions of Santa Clara, San Jose, San Gabriel
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and San Luis Rey ; also at Monterey, and in the year 1838 at Los Angeles.
At the organization, in the year 1841, of the Pueblo of San Juan de Arguello-so named in honor of Don Santiago Arguello-which is generally called San Juan Capistrano- Don Agustin Olvera was appointed "Juez de Paz" of that jurisdiction, from Santa Ana to Las Flores. He resided there in 1842, 1843, 1844. It is spoken of as a well ordered place, with an industrious, contented population. Don Agustin was admitted as attorney in this, the then First Judicial District, in 1853, and April 11, 1855, in the United States District Court. In 1856 he was the receiver of the Los Angeles United States Land Office. At the taking of the city by the Ameri- cans, in 1846, he was a member of the Departmental As- sembly; and as such member he acted as one of the commis- sioners in the Cahuenga negotiation, when the Californians surrendered to Fremont. Don Jose Antonio Carrillo, the other Mexican commissioner, held the rank of major general. Don Ignacio Coronel, born in the City of Mexico, died at Los Angeles City, at an advanced age, December 19, 1862.
Jonathan R. Scott was the first justice of the peace, merely taking that office in order to give his ability to the county organization. He soon tired of it and was succeeded by J. S. Mallard. Judge Scott had been a prominent lawyer in Missouri and was in the front rank of the bar at Los An- geles. He was ready for any useful enterprise. In company with Mr. Abel Stearns he built the first brick flouring mill in 1855, and about two years before his death he planted an ex- tensive vineyard. He died September 21, 1864. His eldest daughter married A. B. Chapman. His only son has recently been admitted to the bar.
The early lawyers arriving in the order mentioned were: Don Manuel C. Rojo, 1849; Russell Sackett, 1849; Louis Gran- ger, 1850; Benj. Hayes, 1850; Jonathan R. Scott, 1850. The last four, as well as Mr. Hartman, were overland emigrants.
Law books were scarce. A brief passage in "Kent's Com- mentaries" that was found somewhere in town, decided an in- teresting case between a rich Peruvian passenger and liberal French sea-captain, some time in March, before First Alcalde
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Stearns. The captain lost, but comforted his attorney, Scott, with a thousand-dollar fee, as it happened, all in five-dollar gold pieces.
In 1850 also came Wm. G. Dryden and J. Lancaster Brent, the latter with a good library; 1851, I. K. S. Ogier; 1852, Myron Norton, J. H. Lander, Charles E. Carr, Ezra Drown, Columbus Sims, Kimball H. Dimmick, Henry Hancock, Isaac Hartman; 1853, Samuel R. Campbell; 1854, Cameron E. Thom and James A. Watson (Col. Jack Watson) ; E. J. C. Kewen, W. W. Hamlin, 1856; Alfred B. Chapman, 1858; Volney E. Howard, 1861; Andrew J. Glassell and Col. J. G. Howard arrived on the same steamer, November 27, 1865, from San Francisco. M. J. Newmark was admitted to the bar in Sep- tember, and A. J. King in October, 1859; Don Ignacio Sepul- veda, September 6, 1862. Henry T. Hazard, son of Ariel M. Hazard, of Evanston, near Chicago, since when about eight years of age, always resided in this city.
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