Pen pictures from the garden of the world, or Santa Clara county, California, Part 16

Author: Foote, Horace S., ed
Publication date: 1888
Publisher: Chicago : The Lewis Pub. Co.
Number of Pages: 844

USA > California > Santa Clara County > Pen pictures from the garden of the world, or Santa Clara county, California > Part 16

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Stanford, Jr., University, which, being an institution devoted to practical education, cannot but receive great benefit from Judge Spencer's learning and experience.

HON. JOHN REYNOLDS, one of the superior judges of Santa Clara County, has been a member of the Bar of California for the past thirty-five years, and a resident of San Jose since 1871. He was born in Bedford, Westchester County, New York, on Feb- ruary 20, 1825, and received his education at the Union Academy, of that town, conducted by his brother, Alexander G. Reynolds. Hon. W. H. Rob- ertson, afterwards county judge of that county, and, later, member of Congress and collector of the port of New York, received his education with him at the same school, each going from it at about the same time to study his chosen profession. He studied law at Sing Sing, New York, in the office of his brother, S. F. Reynolds, afterwards judge of the Fourth Dis- trict Court of San Francisco. Admitted to the Bar by the Supreme Court of the State of New York, he commenced the practice of law in his brother's office, and there continued for one year. Coming to Cali- fornia in the fall of 1853, he was admitted to practice by the Supreme Court of California in that year, opening an office in San Francisco, where he con- tinued until the fall of 1871. He then removed to San Jose, engaging in the practice in Santa Clara County, where he has since continued. He was a member of the first Republican State Convention, in 1856, chairman of the Republican County Committee in San Francisco during the presidential election of 1864, in which campaign he devoted his time ex- clusively, for seven weeks preceding the second elec- tion of Mr. Lincoln, to his duties as chairman of the County Committee; has always been interested in political matters, although never an active politician. He was married in 1855 to Miss Emily Marshall, of Sing Sing, New York.

Judge Reynolds was lately elected one of the fif- teen freeholders to frame a new charter for the city of San Jose. This position he resigned to accept the judgeship of the Superior Court, to which he has lately been appointed, succeeding in that position the late Hon. David Belden. At the establishment of the Free Public Library, he was appointed one of its trustees, and continued to hold that office until as- suming the duties of superior judge. He was elected a member of Assembly in 1880, and was a member of that body during the memorable session of the

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Legislature of 1881. On account of certain combi- nations with which he did not sympathize, and which resulted in the defeat of the Apportionment Bill, he was not placed at the head of the Judiciary Com- mittee; but it is well known that no constitutional question arose in the committee, or the House, that he was not consulted, and in but one instance was his opinion disregarded, and in that case his vote is found recorded in accordance with a subsequent de- cision of the United States Circuit Court. Judge Reynolds' practice as an attorney at the Bar of Santa Clara County has been in some of the most important suits instituted within this jurisdiction. Actions in- volving titles to lands have been his specialty, and in these his careful practice and thorough research have been often commented on. The most important and complicated partition suit ever had in this county, and, perhaps, on the coast, was begun and managed by him to the end, with no error in the slightest de- tail. This was the partition of Las Animas Rancho, covering the city of Gilroy and many thousand acres of outside lands, and in which there were several very hotly contested controversies, involving about one- eighth of the whole rancho, and which occupied the court weeks in trying. There were about two thou- sand parties to the record in this action, which was pending for several years. The careful, methodical, painstaking character of Judge Reynolds, together with his learning and knowledge of the law, acquired by nearly forty years' study and practice, eminently fitted him to receive the appointment to the Bench, which he now holds. Among the lawyers now prom- inent at the Bar of Santa Clara County, are the fol- lowing, of whom we present brief personal sketches :----

HON. SHERMAN OTIS HOUGHTON .- The names of few among the pioneers of California are more favorably known, or have been more closely iden- tified with the best progress of the State, than that of Hon. S. O. Houghton. Born April 10, 1828, in New York city, he enlisted, when but eighteen years of age, and still at school, in Company A, First New York Volunteer Infantry, and on March 26, 1847, arrived in San Francisco, after a voyage "round the Horn," to see service in the Mexican War. A part of the regiment, including his company, was detailed to Santa Barbara, but in a short time were sent to the seat of war, the force numbering one hundred and five, all told, under the command of Lieut. Col. Henry S. Burton. On arriving in Mexico they took up a position commanding the town of La Paz, where they

occupied a church and other buildings. They forti- fied the position, and successfully held their own against the most strenuous exertions of the enemy for several weeks, until relief came, when they took the offensive, meeting with signal success, and capt- uring the commander of the Mexican forces. Mr. Houghton was regularly promoted for merit from the ranks, to sergeant-major, lieutenant, and adjutant of the command. In September, 1848, he returned to Monterey, and, with six of his brother officers, pur- chased an outfit and went to the mines, meeting with some success. In the spring the company separated, Mr. Houghton coming to San Jose in March, 1849. He then purchased oxen and wagons, proceeded to Stockton, and established a trading-post at Sullivan's Creek, running a pack-train between that point and the camps about Sonora. After this Mr. Houghton purchased in Stockton a stock of goods, intending to spend the winter in the mountains trading. The rains came on, however, the goods could not be moved, and had to be sacrificed With a Mr. Peasley he then engaged in the cattle business at San Jose, the speculation paying badly on account of the deprecia- tion in value of the scrip issued by the State at that time. In 1852 Mr. Houghton assisted in taking the census in Santa Clara County; in the same year he was appointed deputy county recorder. In 1854 he was elected to the common council of the city, and chosen its president; in 1855 was elected mayor of the city, holding office until 1856. In 1871 he was elected a member of the Forty-second Congress, and re-elected in the following year to the Forty-third Congress, Mr. Houghton being a Republican in poli- tics, and a consistent member of the party. From 1852 till 1856 he read law during his leisure moments, and in the latter year entered the law office of W. T. Wallace and C. T. Ryland. In 1860 Mr. Ryland withdrew from the connection, when Mr. Houghton formed a partnership with Judge Wallace, which con- tinued till the latter's removal to San Francisco, in 1864. Mr. Houghton has been a prominent member of the Bar of San Jose, having a very large practice, especially in the settlements of the old Spanish es- tates and the unraveling of their intricate titles. In 1886 he removed to Los Angeles, which city he has since made his home, though he still retains his large real estate and other interests in this valley.

On August 23, 1859, Mr. Houghton married Miss Mary M. Donner. She died on the 21st of July fol- lowing, leaving one child, Mary M., who was born June 7, 1860. On October 10, 1861, he married Eliza

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P. Donner, the third and youngest daughter of George and Tamsen Donner, who was born March 8, 1843. She left Springfield, Sangamon County, Illinois, with her parents early in the year 1846, and is one of the survivors of the ill-fated Donner party, whose terrible fate is one of the most melancholy in the early annals of California. Mr. Houghton is one of the leading citizens of this State, a gentleman honored and es- teemed by all, and a sturdy specimen of the fine pio- neers of California.

HON. JOSEPH A. MOULTRIE was born in Franklin, Missouri, in 1827. He received his early education there and in Madison County. After reading law for a time in the office of W. V. M. Bay he enlisted in the United States Army, to serve during the Mexican War. His regiment was the First Missouri Cavalry, better known as the famous "Doniphan's Regiment." His company was mustered in at Fort Leavenworth, with John D. Stephenson as captain. The regiment was attached to the "Army of the West," Gen. S. W. Kearney commanding. The command left Fort Leavenworth June 27, 1846, and marched across the plains to Santa Fe. The operations of Doniphan's Regiment make one of the most interesting and thrilling chapters in the history of the Mexican War. After the occupation of what is now known as New Mexico, two companies of the regiment, Mr. Moultrie's company being one of them, were detailed to go out, under the guidance of Col. Joe Walker, the famous Indian fighter, to treat with the Navajo Indians. Mr. Moultrie participated in all the battles and skirm- ishes in which his regiment was engaged, including the battle of Sacramento, near Chihuahua. He was one of the fourteen men who volunteered for the perilous duty of carrying dispatches to Gen. Wool, at Buena Vista. The distance was about five hundred miles, through a rough country, infested with hostile Mexicans. The perils and hardships which this ex- pedition encountered and overcame would fill a book.

The enterprise, though looked upon as a forlorn hope, was successful. Mr. Moultrie was mustered out of service, with his company, at New Orleans, in the latter part of June, 1847. He returned to Mis- souri, where he remained two years, and again started for the Pacific Coast. He arrived at Santa Fe in 1849, where he stayed until January, 1850. With two companions, he continued his journey to California. At San Diego they separated, and Mr. Moultrie, se- curing a mule, rode to San Jose, which he reached in June of the same year, the journey from Santa Fe

occupying six months. He went to the mines, but was unsuccessful and returned to San Jose in 1852. He secured five hundred acres of land near Menlo Park, which he farmed for one year, and then accepted an appointment as deputy sheriff of Santa Clara County. While occupying this position he resumed the study of law under the instruction of Judge Archer. Later, he entered the law office of W. T. Wal- lace, and when the latter was elected attorney-general in 1855, Mr. Moultrie became his deputy, serving in that capacity for two years. He was elected district attorney for Santa Clara County, which office he held two years. In 1861 Mr. Moultrie took an active part in the organization of Mono County, and was ap- pointed its first county judge. At the election two years later he was elected to the same position for a term of four years. He resigned before the expira- tion of his term, and again went to the mines, and was again unsuccessful. He then resumed his law prac- tice in San Jose, which he has continued ever since. Judge Moultrie has conducted some of the most important cases, both civil and criminal, which have been tried at this Bar, but has devoted most of his attention to cases involving the title to real estate. He is a popular and respected citizen, as well as a prominent member of the Bar. He is a Democrat in politics, and was chosen a delegate to the National Convention that nominated Samuel J. Tilden as President of the United States.

JUDGE LAWRENCE ARCHER, attorney-at-law, rooms I, 2, and 3 Archer Building, corner of First and Santa Clara Streets, San Jose, has been prominently identi- fied with the legal profession and the material and political interests of San Jose since 1853, and a resi- dent of California since 1852, in which year he crossed the plains from St. Joseph, Missouri, not so much for the golden attractions presented then by California as the promise held out of a restored health, the latter having been undermined by the malaria of Yazoo County, Mississippi, and not much improved by a resi- dence on the banks of the Missouri. A native of South Carolina, where he was born, in the Anderson district (now Anderson County) in 1820, he there received his primary education, after which he attended the Uni- versity of Virginia, and later studied law in the office of Armisted Burt, a prominent attorney of Abbeville, South Carolina. These educational ad- vantages were largely paid for by his own earnings, his father, who had been a merchant and planter of South Carolina, having met with financial reverses

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while the subject of this sketch was yet a lad, throw- ing the latter on his own resources at an early age. His parents were John and Ann (Mosely) Archer, both natives of Virginia. Removing to Yazoo County, Mississippi, in 1841 he was admitted by the Su- preme Court of the State of Mississippi to the prac- tice of law, which he followed in Yazoo County two years. The malarial fevers of that region making a change of climate necessary, he removed to St. Joseph, Missouri, making the trip by steamboat the greater part of the way, then by stage, and finally, owing to an accident, the latter part of the way on foot. He practiced law in that city with success, remaining there for eight years, and finally resigned the office of district attorney, to which he had been elected three years previously, to come to California in search of health, which seemed impossible to regain elsewhere.

He settled in Sacramento, where he remained until after the great fire of 1852, then removed to San Francisco, where he remained a short time, finally settling, in January, 1853, in San Jose, where he has remained permanently since that time, and where he has since devoted himself to the practice of his pro- fession.

In 1867 he was elected county judge, holding that position until August, 1871, when he resigned that for the session of 1875-76. He was made chairman of the Committee on Corporations, which, on account of the part taken by the railroads in the politics of the State, was the most important committee in the House. As chairman of that committee he prepared a bill to regulate fares and freights, which became famous as the "Archer Bill." Up to this time the people had been industriously educated to the im- pression that no one who had not served for years in the transportation business could intelligently act in this matter. Judge Archer demonstrated that there was one man at least who could grasp and solve the problem.

The bill was defeated in the Senate, but the agita- tion arising from it resulted later in the passage of the "Railroad Commission Bill." In 1864 he re- moved with his family to New York, remaining there for eighteen months, during which time he did not enter into the practice of his profession or any busi- ness engagements. He returned to his California office to enter the campaign as a nominee for Con- gress from this district, which at that time included San Francisco and the entire southern portion of the State. Judge Archer has twice been elected mayor of San Jose, the first time in 1857 and again in 1877, in

neither case elected as a representative of either of the great political parties, but as a candidate of the better elements of both parties, the last time opposing the nominee of the so-called Workingmen's party. He also served one term in the State Legislature in 1866.

He was married in Missouri, in 1848, to Miss Louise Martin of St. Joseph. This lady died in 1869, leaving one child, Louise, now the wife of M. J. Flavin, a merchant of San Francisco. He was married in 1870 to Miss Alice B. Bethell, a native of Indiana, at that time on a visit to relatives in California. There have been born to them two children: Lawrence, born in 1871, and Leo, born in 1874. Lawrence is now attend- ing the Santa Clara College, and Leo attending the public schools of San Jose.

Judge Archer has 160 acres, in the southeast cor- ner of San Jose, where he resides, and on which he has an orchard of thirty acres, planted in cherries, apricots, and prunes. This place he has owned since 1861, and has devoted it to farming and fruit raising.

The Judge took great pride in his cherry orchard, which consisted of four acres, from which the income averaged about $3,000 per year. He was the first fruit-grower in Santa Clara County to utilize the labor of women and children in his orchard, thus giv- ing desirable employment to a large number of deserv- ing people. Judge Archer foresaw the future prosper- ity of San Jose when he first settled here, and has done much to develop the resources of the county. He purchased largely of real estate, and the fact that he could always procure what money he wanted with no other security than his word, indicates the estimation in which he was held by the community. He was al- ways foremost in improvements; he built the first prominent brick building on First Street, and always kept in advance of the first rank of progress. Dur- ing all the heated political campaigns in which he has taken a prominent part, not one word has ever been spoken reflecting on his ability or integrity.

HON. JOSEPH S. WALLIS, of Mayfield, has been associated with the Bar of Santa Clara County for upward of thirty years; and while most of his con- temporaries of the '50's have passed away or retired from the active practice of the law, he stands to-day among the most active and able men in the ranks of the profession. Judge Wallis is a native of Massachusetts, born at Salem, on the twenty-fourth of October, 1825. The Wallis family was established in this country generations back, when the brothers, Aaron and Joseph Wallis, came from England, among the early

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settlers of the old colony of Massachusetts. His father, Joseph Hutchinson, was a merchant, and con- ducted a large furniture business. His mother's maiden name was Sarah D. Hutchinson. She was also of English ancestry, and sprang from the Governor Hutchinson family, of Massachusetts.

The subject was reared at Salem, and received his scholastic training there at the English High School and Latin Grammar School, where young men were prepared for college. His eagerness to advance, his progress and standing in his classes, caused the break- down of his health from overstudy, so that he was com- pelled to withdraw from school. At the breaking out of the California gold excitement, he decided to go to the new El Dorado, thinking thereby to regain his health and perhaps to eventually associate himself with the profession he had already been making prep- arations to enter-the law.

Going to Boston, he took passage, January 24, 1849, on the ship Capital, bound for California. Stops were made at Rio de Janeiro and at Valparaiso; storms were encountered off Cape Horn and elsewhere, and when they came into the harbor of San Francisco, it was the nineteenth of July. Mr. Wallis, who was at the head of the party which had come out on the Cap- ital, took his company as far as Sacramento, where they disbanded, and a few of them accompanied him into the Middle Yuba River country, where they opened up the early mines in that vicinity. In December, 1850, he returned to San Francisco, and there engaged in clerking. In 1852 he resumed the reading of law, in the office of William H. Rhodes. He was admitted to the Bar at Sacramento, before the Supreme Court of California, on the fifteenth of August, 1855, though he had previously assisted Mr. Rhodes in his practice. He was associated with that noted lawyer until the fall of 1857.

On the seventh of November of that year, he came to Santa Clara County, and, locating at Mayfield, has ever since been a citizen of that place. In 1859 and 1860 he was associate judge with John Moore, in the Court of Sessions of Santa Clara County, and in 1862 was chosen by the electors of this district to a seat in the Senate of California, serving in the sessions of that year and 1863. His legal standing commanded a po- sition for him on the important Committee on Judi- ciary, of which he was one of the earnest working members. The arduous duties thus entailed allowed little time for other committee work, though he also assisted in the labors of the Engrossment and other committees. On the eighteenth of February, 1870,

he was admitted to the Bar of the Supreme Court of the United States.

He was married July 25, 1854, to Miss Sarah Green, a native of Ohio. She came to California in 1844, with the Martin Murphy party, which is treated of in extended mention elsewhere in this volume. She owned the land where Sutter built his mill, and it was on property of which she had been the former possessor that gold was discovered in 1846. Mr. and Mrs. Wallis were the parents of five children, viz .: Talbot H., State Librarian at Sacramento; Eva (Hess), of San Jose; Josephine (Ingalls), of San Jose; William A., who is in the employ of the Southern Pacific Rail- road, and resides at Oakland; and Joseph, who died at the age of twenty-three years, at Sacramento, where he was a practicing lawyer.

Judge Wallis has always taken an active interest in public affairs-local, State, and national. He has the honor of having been a member of the Free-soil Convention that nominated Van Buren and Adams.

R. B. BUCKNER, the subject of this sketch, was born in Winchester, Clark County, Kentucky, in 1822. He received his education at Centre College, Danville, Kentucky, and at the age of nineteen years he joined his parents in Missouri, where they had gone several years previous, leaving him attending school, and bought a farm in Jackson County. His father resided on this farm until his death, which occurred in 1854. The judge engaged in school-teaching in Missouri, close to the Kansas line, until the breaking out of the Mexican War, when in 1846 he enlisted in the First Regiment of Missouri Volunteers, Colonel A. W. Doniphan commanding. The regiment marched to Santa Fe, which was then in Mexican territory, where, the Navajo Indians being troublesome, Judge Buck- ner's and another company of soldiers were sent out to quell them, which they did, making a treaty of peace with them; and then, continuing their march, they passed through the country of the Zunis and Laguna tribes, and joined their regiment at Socorro, on the Rio Grande, and marched on into Mexico. On Christmas-day of that year they met the Mexican troops in the battle of Brazito. The enemy having twelve hundred cavalry, a regiment of infantry, and a small piece of artillery, his own regiment consisting of but eight hundred men, a battery of six guns, and fifty cavalry, the chances were decidedly against them; but, notwithstanding that fact, they were victo- rious, as they were also at the battle of Sacramento, fought later. They entered the city of Chihuahua,

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Mexico, March 2, 1847, the principal battles having been fought before their regiment reached there.

On the twenty-seventh of the following April they were ordered to General Taylor's headquarters at Monterey, which they reached in June; there they were ordered to New Orleans for muster. Sailing from Point Isabel they reached that city the fifteenth day of June, 1847; immediately on their arrival they were mustered out of the service, and the judge returned to his home in Missouri, where he spent the winter. In the spring of 1848 he made a trip into Mexico for the purpose of trading. On his return, at Santa Fe, he heard of the discovery of gold in California, and, hastening home, began preparations for a trip to the land of gold.

In the spring of May, 1849, he started, with the cel- ebrated "Hudspeth Train," consisting of sixty-four wagons with ox-teams. They had the usual experi- ence of parties crossing the plains in that early day, and reached the Sacramento River at Lassens, on the tenth day of October, 1849. The judge came imme- diately to San Jose, but the gold fever being upon him he left for the mines soon after, and in two months returned to this city completely cured. He then en- gaged as clerk for various firms in the mercantile bus- iness, which occupation he only followed a short time. Having studied law while he taught school in Missouri, he concluded to put his knowledge into practice, and accordingly opened an office with Judge Bowdon, of Santa Clara. In 1853 he was elected judge of Santa Clara County, which office he held for three years, when he was elected mayor of San Jose, and filled that position one year. For the past eleven years Judge Buckner has been the police justice, now including the office of city justice of San Jose. When not engaged in public office he has continued the practice of law to this date.

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Pen pictures from the garden of the world, or Santa Clara county, California, Part 16

Author: Foote, Horace S., ed Publication date: 1888 Publisher: Chicago : The Lewis Pub. Co. Number of Pages: 844

Author: Foote, Horace S., ed
Publication date: 1888
Publisher: Chicago : The Lewis Pub. Co.
Number of Pages: 844