Pen pictures from the garden of the world, or Santa Clara county, California, Part 17

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

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In 1854 he was united in marriage to Miss Louisa McCabe, a native of Washington County, Missouri, who came with her parents, P. T. McCabe and Martha (Davidson) McCabe, across the plains to this State in 1849. Her father, who, at the ripe old age of eighty- five years, still lives, was sheriff of Santa Clara County in the years 1854-56. Judge Buckner and his wife have an adopted daughter and a niece, Miss Fannie Montgomery, who has lived with them all her life; she is at present an employé of the post-office in San Jose.

The judge is a member of San Jose Lodge, No. 10, F. and A. M., and of the Mexican War Veteran As- sociation of San Jose, and supports the Democratic party.

S. F. LEIB came to this country in 1869, settling in San Jose. Mr. Leib was born in Fairfield County, Ohio, in 1848, his father, Joseph Leib, having re- moved thither from Pennsylvania, with his parents, in 1806, when but seven years of age. At this very early date in the history of Ohio the Indians had but recently held almost unlimited possession, and an old Indian trail ran through the Leib farm.

Joseph Leib's wife was Clarissa Allen, a native of Ohio, her father having come there from Vermont at a very early date. Here in Fairfield County they lived their entire married lives, and here they died- Joseph Leib in 1880, his wife in 1863. There were born to them three sons: L. H. Leib, who was killed at Bolivar, Tennessee, in 1862, while leading his com- pany into action; Joseph Leib, now living in Illinois, and S. F., the subject of this sketch.

Mr. Leib, with his brothers, attended the public schools of their native section until he commenced the study of law at Ann Arbor, Michigan, from which institution he graduated in 1869. He relieved the monotony of school life, however, by enlisting in Company E, 159th Ohio Infantry, in the spring of 1864, at the age of sixteen, but was mustered out of service the same year.

Since coming to California Mr. Leib has been not only a successful practitioner of the law, but fortunate in business ventures, and his lovely home on the beau- tiful Alameda is remarked by everyone who passes it. Here, after the business day is ended, he is received by wife and children into that true home peace and enjoyment which is worth the heaviest toil to win; and here he expects to make his future home. Be- side his city home, Mr. Leib owns one hundred and ten acres in the Capertino district, eight miles from San Jose, on the Stevens Creek road, which he has all planted in French prune trees, seventy acres of which are in full bearing. Mr. Leib varies the rou- tine of law practice by experimental horticulture, in the success of which he finds much pleasure. He handles all his own prunes-drying them in the sun -and has already established for them a wide repu- tation on account of the thorough manner in which the drying and packing processes are accomplished.

Mr. Leib is a member of John A. Dix Post, No. 42, San Jose, G. A. R.

D. W. HERRINGTON .- This gentleman, one of the early pioneers of Santa Clara County, is a native of Indiana, born near Paris, Jennings County, December 23, 1826. Mr. Herrington left the paternal home at

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the age of thirteen, removing to Madison, Indiana, where he worked at his trade, carpenter and joiner, until the age of nineteen. He had the misfortune to lose the use of his right arm at this age, and was compelled to give up his trade. He immediately en- tered the Asbury University at Greencastle, Indiana, where he remained the greater part of four years. On the thirteenth of March, 1850, he left school and started, with an ox-team, from Greencastle for Cali- fornia, arriving at Placerville on the tenth day of Au- gust of the same year. During the first six months in California he worked in the gold mines, after which he went to Sacramento, living there and at Sutter- ville from May, 1851, until December, 1853. At this time impaired health compelled him to make a change, and he started for Los Angeles, but, on reaching Santa Clara, in January, 1854, decided to remain for a time, and has been at this place and in San Jose ever since.

From 1855 to 1861 Mr. Herrington followed the occupation of teaching, when he took up the study of law. He was admitted to the Bar in 1862, and has been engaged in the practice of law ever since. He was a member of the State Legislature in 1863; was elected district attorney in 1865, holding this office until 1867, and was a member of the Constitutional Convention of 1878-79, which formed the present Constitution of California.

In 1858 Mr. Herrington married, in Santa Clara, Miss Mary Harriet Hazelton, a native of Ohio, who had removed with her parents, Hiram and Martha E. Hazelton, at an early age, to Michigan, coming thence to California in 1852. From this marriage there are six children: Irving, justice of the peace and real estate agent in Santa Clara; Rachel, now a teacher in the Santa Clara public schools, having graduated from the State Normal School in 1883; Leona, wife of The- odore Worth, of Bradley, Monterey County; Clarence, now studying law in his father's office in the city of San Jose; Howard, now engaged in the painting bus- iness in Los Angeles County, and Bertram A., now teaching in the public schools at San Miguel, having graduated from the State Normal School in 1887.

Mr. Herrington is a member of the Masonic Order, and also of Santa Clara Lodge, No. 52, I. O. O. F. He has been city attorney of San Jose since 1879. In politics he is a Republican, having belonged to that party since 1861.

The parents of Mr. Herrington were Joseph and Rachel (Davis) Herrington. His father was a native of Maryland, removing, when an infant, with his par- ents to Pennsylvania, and later to Indiana, where he

died in 1859. His mother was a native of Tennessee. She died in 1861, aged sixty-nine years. Both par- ents are buried at Paris, Jennings County, Indiana.

CHARLES D. WRIGHT is one of the prominent members of the Bar of Santa Clara County, of which he has been a practicing member for more than fif- teen years. Mr. Wright is a son of the Empire State, born in Watertown, Jefferson County, New York. His early education was obtained in his native State, and when fifteen years of age he came to the Pacific Coast and to Santa Clara County. In 1865 he entered the law office of Hon. S. O. Houghton as a student, and was admitted to the Bar in 1868. He has en- joyed a very large and lucrative law practice. Mr. Wright has always been a pronounced Republican in his political affiliations, and, possessing the courage of his convictions, he has taken an active part as a local political leader, for which he is well fitted because of his superior judgment of human nature, and his rare tact and executive ability in controlling and directing men. His candor and integrity of character inspire confidence, and he has proved a successful fighter of political battles. He managed the campaigns which elected his former preceptor, Mr. Houghton, to the United States Congress. His efforts in politics have, however, all been in behalf of his friends,as he has never been a candidate, nor sought office for himself. As a lawyer Mr. Wright excels in his clear conceptions of a cause, and such a logical presentation of the facts as carries conviction with his argument in the minds of the jury and the court. He has practiced chiefly in the civil courts.

In 1885 the subject of this memoir married Miss Mollie Murphy, born in Santa Clara County, and a daughter of John M. and Virginia Reed Murphy. Her father was one of the famous Murphy expedition, whose perilous experiences are narrated at length in this work, and her mother was one of the Donner party, whose terrible trials and sufferings are also given in detail elsewhere in this volume.

JOHN C. BLACK, attorney at law, whose law offices are at rooms 18 and 19 Knox Block, and resi- dence at No. 322 North Third Street, San Jose, is a native of Butler County, Pennsylvania, where he was born in 1834. He there received his early education, attending later Alleghany College at Meadville, Penn- sylvania, of which Bishop Kingsley was then a pro- fessor. In 1855 he left college to come to California, arriving at San Francisco by the Panama route in

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March of that year, at once proceeding to Jackson, Amador County, where he engaged in mining for two years. Deciding on a more permanent direction for his energies, he came to the Santa Clara Valley, where he devoted himself for several years to teaching school and studying law.

Being admitted to the Bar by the Supreme Court in January, 1863, he removed to Yuba County, where he engaged in the practice of law. He filled the office of assistant district attorney in Marysville during 1863 and 1864, and then removed to San Jose, where he has continued the practice of law since that time, filling the office of notary public in 1867 and 1868. Was elected district attorney in 1871, holding the office until March, 1874. He was married in 1868 to Miss Marian J. Millard, a native of Iowa, who came to Cali- fornia with her parents in her early childhood, in 1853. They have six children: Clara N., now attending the Normal School; John N., attending the University of the Pacific; Walter R., Edmund, James G., the three latter attending the public schools of San Jose, and an infant now one year old.

Mr. Black's parents were James and Nancy A. (Russell) Black, natives of Pennsylvania, where they lived until 1874, when they removed to California, and have since resided in San Jose. They had five sons in the Union army during the late war, all coming out alive, although several were badly wounded. The subject of this sketch is a member of Garden City Lodge, I. O. O. F., and of Mount Hamilton Lodge, No. 142, A. O. U. W., of San Jose, a Republican in poli- tics, and in favor of tariff protection to American industries. W. W. Black is interested in the San Jose Woolen Mill.

HON. JAMES R. LOWE, a successful and prominent representative of the San Jose Bar, was born in New- buryport, Massachusetts, on April 25, 1840. Up to the age of twelve years he attended school in his native town, removing with his parents to San Jose, Cal- ifornia, where they settled in 1852. He completed his school education at Gates' Institute, in the latter city. Appointed United States consul to the city of Tehuantepec, Mexico, by President Andrew Johnson, he represented the United States at that place at the time the Emperor Maximilian was shot at Queretaro by order of President Juarez. On his return from Mexico he studied law with the Hon. F. E. Spencer, now superior judge, and was admitted to the Bar. In 1876 Mr. Lowe was elected president of the Board of Education of San Jose, holding that office for two

successive terms, during which time the schools were managed to the entire satisfaction of the people of this city, and in a manner unexcelled before or since.

He was elected in 1884 State senator on the Republican ticket, and regarded among the ablest members of that body. His record as senator was among the best. During the extra session of 1886 he took a very active part towards the passage of laws in favor of irrigation, holding that "the waters flowing in our rivers and streams should not be allowed to roll idly to the sea, but should be thrown upon the arid plains, and they be made to blossom like the rose."

Resulting from that legislation in which Mr. Lowe took so prominent a part, irrigation districts have been inaugurated under the State laws, and thousands of acres of comparative desert have been transformed into beautiful and profitable homes. Mr. Lowe has a place of eighty acres, located in the foot-hills west of the town of Milpitas, which he contemplates planting in trees and vines in 1889.

He was married, in 1861, to Miss Inez Pacheco, a member of the celebrated Pacheco family, of Califor- nia, who was educated at the convent of Notre Dame, in San Jose. She died in May, 1872, leaving four chil- dren: James, Mary (who, while driving in her father's carriage in 1887, was thrown out and instantly killed, and at whose death San Jose was a house of mourn- ing, so generally beloved was she), Ralph, now in his graduating course at the San Jose Commercial College, and William W., now engaged in San Jose as searcher of records. He was married in 1874 to Miss Enna Forsyth, a native of Maumee, Ohio, a lady of very rare intellectual attainments and culture, who was for several terms president of the Board of Education of Santa Clara County, filling that position with eminent credit to herself and satisfaction to the people of the county. This estimable lady died in 1887, leaving three children: Alexander, Duncan, and Eleanor.

Senator Lowe's parents were James R. and Mary (Tuckwell) Lowe. His father was born in Chester- field, England, in 1808. Educated as a landscape gar- dener and horticulturist, he displayed such rare taste and skill in laying out and embellishing large parks and gardens, that he was employed to come to the United States and superintend the laying out and adorning the exquisite grounds and horticultural plots of James Arnold, of New Bedford. He later did sim- ilar work for the late Ben: Perley Poore, at Indian Hill Farm, near Newburyport, Massachusetts. He re- moved to California in 1852 with his family, and en-

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gaged in San Jose in the same profession. There are many places in San Jose and California that bear witness to his master skill and rare taste and culture in the art of beautifying the face of nature. He was the means of bringing to California, and propagating here, many valuable plants and trees, to which em- ployment he was devoted up to his death, in 1874. A man of genial, affable disposition, fond of telling and listening to a good story, he had many and valued friends; in fact, a very happy type of the representative English gentleman. He was several times elected a member of the City Council of San Jose. Mr. Lowe's mother was a native of Newbury- port, Massachusetts, and a member of the celebrated Sherborn family, of New Hampshire.

Further particulars of Mr. Lowe's services as a hor- ticulturist in Santa Clara County will be found in our chapter on horticulture.

DANIEL W. BURCHARD .- Holding a prominent and important position among the public officers of this county, is Mr. Daniel W. Burchard, attorney at law and assistant district attorney. His father was the Rev. John L. Burchard, for ten years a member of the Missouri Conference of the Methodist Episcopal Church. While he was stationed in Benton County, Missouri, on March 5, 1858, the subject of this sketch was born, and came with his parents to Califor- nia in the same year. His father was located first at Marysville, remaining there four years, and after- wards for six years in Stockton. In 1868 he was sent to Gilroy, where Daniel attended school. After a four years' residence here, his father returned to Marysville, when he was appointed Indian agent at Round Valley. In 1872 the family removed to Oak- land, in order to afford the children better educational advantages. After passing through the schools of Oakland, Daniel went up to the reservation, where he taught school and studied law. In 1879 and 1880 he studied law in the office of Henley & Johnson, of Santa Rosa, the senior member of that firm being Hon. Barclay Henley, late member of Congress from First District. Mr. Johnson is now attorney-general for the State.

Mr. Burchard was admitted to the Bar nine days only after attaining his majority, and first "hung out his shingle " in Washington Territory. He remained there but a short time, when he returned to California, and for three years practiced law in Hollister, serving one year as city attorney. Removing to San Jose, he entered into partnership with Moore & Moore, and

on the election of Howell Moore to the office of dis- trict attorney he was appointed deputy.

Mr. Burchard is a hard worker, as can be gathered from the fact that he has appeared in fifteen hundred cases since he began practice, six hundred of them being criminal cases. It is noteworthy, also, that, al- though so young a man, he has been connected with many cases involving heavy interests. Among these may be noted the congressional election contest of Sullivan versus Felton; the senatorial contest of Ry- land versus Conklin; a number of homicide criminal cases in which the final penalty was inflicted, and others.

On March 6, 1881, Mr. Burchard was married to Miss Cora, the eldest daughter of Hon. Rush Mc- Comas, the county treasurer. They have four chil- dren: Marcie, Mary, Ernest, and Ethel.

Mr. Burchard's family is of Scotch and German extraction, and is fully represented in professional and intellectual pursuits. His father is a thoroughly self-made man, educating himself for the ministry by his own efforts, and passing his life in the service of the Methodist Episcopal Church. His mother is a native of Virginia, a descendant of the pioneers who first settled that State. His only brother is Dr. L. S. Burchard, of Oakland, and his only sister is the wife of C. H. Twombly, the San Francisco capitalist.

JAMES H. CAMPBELL, a prominent lawyer and former district attorney of Santa Clara County, was born in Andover, Massachusetts, in 1850. He came to Nevada County, California, in 1859, where he re- mained until 1867, since which time he has resided in San Francisco and in Santa Clara County. In 1871 he graduated from the famous Santa Clara College, and in 1872 commenced the study of law, and was ad- mitted to the Bar in 1874. In the same year he was appointed to the office of assistant district attorney of Santa Clara County, in which position he continued until 1876. In 1879 he was elected district attorney, and remained in office until 1885. He was twice elected to that office, and, owing to the effect of the new constitution, then recently adopted, remained in office, by virtue of his first election, for nearly three years. Since 1885 he has been engaged in the gen- eral practice of his profession in San Jose, and occu- pies a prominent position among the members of the Bar of Santa Clara County.

In 1878 Mr. Campbell was married to Miss Mary Faulkner, a native of Massachusetts, her parents, John F. and Ann Faulkner, having come to California in

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the early days. Of this union there are three chil- dren: Argyll, Maud, and Irene.

During Mr. Campbell's incumbency of the office of district attorney, he conducted many important murder trials, including those of Majors, Jewell, and Showers, for the murder of William Renowden and Archibald McIntyre, near Los Gatos. These pris- oners were all convicted, Majors and Jewell being hanged, and Showers sentenced to imprisonment for life. A peculiarity of Majors' trial was that he was first convicted and sentenced to imprisonment for life for the murder of Renowden, and, while serving this sentence, a second prosecution was instituted for the murder of McIntyre, for which crime he was convicted and hanged. As a matter of courtesy, Mr. Campbell followed the case, which was transferred to Alameda County, on a change of venue, and prosecuted it there. He was also instrumental in the conviction of Wasi- lewsky, in Santa Clara County, for the murder of his former wife in Los Gatos, the prisoner being hanged. This case was remarkable for the discovery of the criminal and his conviction when every clue seemed to have vanished. In political principles Mr. Camp- bell is a Democrat.

HON. ALBERT W. CRANDALL was born in the town of Gaines, Orleans County, Western New York, in 1835. His parents, John L. and Hannah (Brown) Crandall, moved into that State in 1814 or 1815, when it was still a wilderness, and carved out there a home for themselves. Mr. Crandall attended the Albion Academy at Albion, the county seat, spending several years there preparing for college. He entered the University of Rochester, and graduated with honors in the class of 1862. Among his classmates at the uni- versity was Albion W. Tourgee, the author of the well- known "Fool's Errand."

During the time Mr. Crandall was preparing for college he taught school for several terms, being at one time principal of one of the public schools of the city of Buffalo. After graduating he studied law in Albion, with the legal firm of Church & Sawyer. Mr. Church was afterwards the chief judge of the Court of Ap- peals of New York State. Mr. Crandall was admitted to the Bar in 1863, and until 1878 practiced law in Albion. In that year he came to California, stopped at San Jose, and went on to Los Angeles, where he re- mained until in 1880; he returned to San Jose, and has resided here since that time, enjoying a large practice. In Albion Mr. Crandall had built up a profitable and enlarging practice, but ill health compelled his re-

moval to this State, preferring to sacrifice his pro- fessional interests there rather than to jeopardize his health. During his residence in Los Angeles he lived an almost out-of-door life, riding and driving about the country until his health was perfectly restored, finding this particular life an incentive to remaining there for a time.

In 1880, having completely recovered his health and strength, he returned to San Jose, and has since en- gaged actively in the practice of his profession, and having also a fondness for outside and open-air em- ployments, he purchased, with Mr. Gaines, an eighty- acre ranch, which is mostly planted to vines. This is situated on the Branham road, just west of the Ala- meda road, near the Five Mile House. The vines com- prise both wine and table grapes. The latter have always paid well, while the former, which are mostly made into dry wines (red and white), are also on a satisfactory paying basis.

Mr. Crandall married Miss Maria Pettingill, of Mon- roe County, New York, in 1863. Her parents, Reuben and Clarissa (Green) Pettingill, were natives of New Hampshire, moving into New York State about 1816. Mr. Pettingill was well known as "Deacon Pettingill," having for more than forty years been prominently connected with the Baptist Church at Ogden, New York. There is only one child from this union, namely, Albertine, born in 1865, now living with her parents in San Jose.

Mr. Crandall is a member of Friendship Lodge, No. 210, of the Masons of San Jose. He is a Republican in politics, and earnestly in favor of a high protective tariff. He was chairman of the Central Committee of this county during the campaign of 1884, and is now senator for the Thirty-first Senatorial District of Cal- ifornia, having been elected by a triumphant majority. It should also be stated that Mr. Crandall was chair- man of the County Central Committee of the Repub- lican party in his county in New York State, during several political campaigns, and also held several civil offices while there, being collector of tolls on the Erie Canal for two terms, clerk of the Board of Supervisors, clerk of the Probate Court, and was once nominated for district attorney, but declined.

NICHOLAS BOWDEN, attorney at law, of the firm of Archer & Bowden, rooms 1, 2 and 3 Archer Building, San Jose, was born in the County Kilkenny, Ireland, in 1851. In 1853 his parents removed to America, settling in Cooperstown, Otsego County, New York, where he attended the public schools up to the age of

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fifteen years. He then entered a general merchandise store, the largest in that county, going through all the gradations from errand boy to head salesman and as- sistant bookkeeper, for four years. In 1869 he came West, and, after a short residence in St. Louis, Mis- souri, located at Evansville, Indiana. Here he re- mained seven years, engaging first as bookkeeper in a mercantile establishment. In 1874 he took charge of the Evansville Daily and Weekly Courier, one of the principal Democratic newspapers in the State of In- diana. This paper he successfully managed for three years, always taking an active interest in pol tics, al- though never accepting nomination or appointment to office. He was a member of the State Convention which nominated "Blue Jean" Williams for the gov- ernorship of Indiana in the campaign of 1876, which ticket, as well as the national Democratic ticket, were successful in that State after a very exciting campaign. He was one of the Democrats who went South to watch the visiting statesmen, as the gentlemen of both parties were called who went to Louisiana in that year to watch the returning Board, and see that each received a fair count of the votes cast. He was also endeavoring to recuperate his health, which had be- come impaired by too close attention to business. Returning to Evansville in March, 1877, and having another attack of typhoid pneumonia, he resigned his newspaper management, intending to pass a year in California. Finding his health improved, and liking the climate and people, he decided to remain.

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Pen pictures from the garden of the world, or Santa Clara county, California, Part 17

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