USA > California > San Diego County > San Diego county, California; a record of settlement, organization, progress and achievement, Volume I > Part 26
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The Dart, a prohibition paper, was first issued August, 1888.
Zoe, a biological journal, was established by Mrs. Katherine Brandegee, in 1890.
The Review, a weekly publication by Birdsall & Van Haren, was started about March, 1890. It was devoted to the interests of the National Guard, "society, current comment and education."
May 10, 1890, appeared the San Diego Republic, published every Saturday by Stephens & Harris.
The first number of the Spiritual Times Magazine appeared November 1, 1890. Later the name was changed to the San Diego Times Magazine. The editor was William Alfred Rugg.
The San Diego Advertiser was founded by E. N. Sullivan, July 25, 1891. It is now the San Diego News, a weekly.
The Seaport News was first issued September 3, 1892, and it was the successor of the Coronado Mercury. It was a weekly journal. At the time of the change, T. D. Beasly assumed a half interest in the paper.
The National Popular Review was first issued July 1, 1892. It was a monthly magazine devoted to medical subjects and called An Illustrated Journal of Pre- ventive Medicine. It was published in Chicago and San Diego by J. Harrison White and edited by Dr. P. C. Remondino.
In 1893 the South Carolina Farmer was published by J. S. Richardson. It was devoted to horticultural interests.
Out of Doors for Woman was the title of a publication begun in November, 1893, by Dr. Olive L. Eddy Orcutt.
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The San Diego Real Estate Journal was started in 1895. It was a weekly, edited by R. H. Young and managed by W. H. Porterfield.
The Philosophical Journal was established in 1865 and was formerly issued at Chicago under the name of the Religio-Philosophical Journal. It was removed to San Diego in 1896 and remained until December of that year, when it was removed to San Francisco. It was a monthly.
The Weekly Drift was first issued April 17, 1897, by W. A. Rugg, editor.
The San Diego Chieftain was published in 1901 by John A. and Edgar B. Helphingstine. It was a social democratic weekly.
The Bulletin was a small "woman's own" paper, published late in 1901.
The San Diego Open Court, a fortnightly magazine, was established September 1, 1901.
Wealth was published twice a month by Ralph Elliott Field, beginning in November, 1903.
The San Diego Cooperator was the organ of the Rochdale Company. The first issue appeared January 1, 1904.
The San Diego Herald was established October 6, 1905, under the name of the San Diego Tourist Informant, and under the management and editorship of B. J. McDowell. In December, 1905, George H. Hazzard became the editor. In 1907 the paper changed ownership and R. Beers Loos became editor.
The Mirror was established January 1, 1906, and is an illustrated weekly of industrial character. A. G. Stacey is the editor and publisher.
The Harbor Light was published quarterly in the interest of the floating En- deavor Work, with Mrs. W. W. Young as editor.
San Diego Bay Region Resources was a monthly published by Burgess, Moore & Company, on lines similar to California Resources, of San Francisco.
C. R. Orcutt has been connected with the publication of quite a number of peri- odicals. Besides the West American Scientist, which has been mentioned and which still continues, and the Semi-Tropic Planter, which he took over from Cooke & Hanford, he has established the following publications :
Young Men's Journal, a religious weekly in the interest of the Y. M. C. A., 1887; San Diego Magazine, April 1, 1881; The Work, October, 1889, also in the interest of the Y. M. C. A .; Old Curiosity Shop, 1881 ; Science and Horticulture, March, 1891 ; Golden Hints for California, November, 1891; California Art and Nature, December, 1901; Presbyterian Herald, a weekly church paper, 1901; The Manzanita, or Lower California Magazine; California Trees and Flowers, and Western World.
Besides the above named San Diego has had the Coronado Argus, the Sunday Telegram, the weekly County Reporter, the weekly Neuigkeiten, the weekly Argosy and the weekly Enterprise, and among the live periodicals are the San Diego Weekly News, the New Century Path and the Raja Yoga Messenger, the two last named being published by the Theosophical headquarters at Point Loma.
In 1883 W. W. Elliott & Company, of San Francisco, published the San Diego County Illustrated. It is a thin quarto with quite a number of views, maps and portraits and contains considerable fragmentary information. Its contents are largely of the "write-up" order and as a history it is scarcely to be taken seriously.
One of the duties of Douglas Gunn while editing the Union was to write the annual review of the progress of city and county. In 1885 these articles were
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VIEW DOWN SEVENTH STREET. SAN DIEGO, IN 1887
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FIFTH STREET, SAN DIEGO, IN 1887
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gathered up and issued in pamphlet form. A year later the work was revised and enlarged and more than thirty-five thousand copies sold. This success doubt- less had a good deal to do with inducing Mr. Gunn to undertake the preparation of a more ambitious work after his retirement from the Union, in August, 1886. His own tastes would also naturally lead in the same direction. He spent some months collecting and arranging additional material, and in February, 1887, em- ployed Herve Friend, representing the American Photogravure Company to make the views for his book. October 2, 1887, the Union began the publication of the advance sheets of his new work and the book itself appeared soon after. It was entitled Picturesque San Diego, with Historical and Descriptive Notes, printed by Knight & Leonard Company, Chicago, and bound in heavy morocco with gilt edges. Although there were but ninety-eight numbered pages of reading mat- ter, there were seventy-two full page illustrations of a very superior character, and the whole made a rich volume. The work was not intended, primarily as a history, but rather to provide an appropriate setting for an up-to-date statement of resources and advantages of the city and county. Mr. Gunn was a clear and forcible writer and it can fairly be said that he achieved his chief object. His historical outline, too, although brief, is painstaking and shows wide reading and information. The venture proved a heavy loss to Mr. Gunn, however.
In early days the San Diego Chamber of Commerce turned out a large number of descriptive pamphlets, some of which were prepared by competent men and are quite valuable. In 1880 this body varied its program by employing Theodore S. Van Dyke to prepare a more ambitious work, containing a more complete state- ment than had generally been attempted, of the county's resources, together with a historical outline. The results of his labor were published in the same year under the title of The City and County of San Diego, and the eighty pages for which he was responsible justified the confidence reposed in the author. The historical out- line, though brief, was accurate, and no man has ever described the county's char- acteristics and summed up its advantages and disadvantages more accurately or brilliantly. The latter part of the book was devoted to biographies, for which the publishers, Leberthon & Taylor, were responsible.
In 1890 the Lewis Publishing Company, of Chicago, issued their Illustrated History of Southern California, which contained three hundred and ninety pages devoted to San Diego county, one hundred and two of which are historical and the remainder biographical. The historical section of the work was largely per- formed by J. M. Guinn, secretary of the Historical Society of Southern Cali- fornia, Los Angeles.
The first attempt to write a history of the city of San Diego apart from com- mercial features was that of Walter Gifford Smith, in his Story of San Diego, published in 1892. It is a book of one hundred and sixty-three pages and under- takes to deal seriously, though briefly, with the city's history. The book was written in a charming style.
A number of newspaper writers and other bright men and women have studied the history of San Diego with fascinated interest and written sketches about it which have appeared in periodicals all over the land. Ben C. Truman was one of the earliest and brightest of these and all the others-Will H. Gould, Thomas Fitch, Theodore S. Van Dyke, Douglas Gunn, Walter Gifford Smith, and so on- have tried it at one time or another. Will H. Holcomb came to San Diego with
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the intention and expectation of writing a history of the place and went so far as to collect a large quantity of materials. Probably it was only the accident of hav- ing a satchel full of these papers stolen which prevented his carrying out the plan. As it is, he has contented himself with writing the Rhymes of the Missions and a number of historical sketches for the newspapers. L. A. Wright is another writer from whose published sketches considerable information has been collected.
During his residence in San Diego, William E. Smythe has written Construc- tive Democracy and the History of San Diego, revised and largely rewritten his Conquest of Arid America (new edition), and contributed extensively to maga- zines and newspapers. In the same period he has written several elaborate govern- ment reports and prepared many formal public addresses, which have also been published.
SAN DIEGO EXAMINER
In June, 1912, the initial number of the San Diego Examiner was issued, by the San Diego Examiner Publishing Company (Incorporated). The paper is "Independent-Progressive" in politics-"The Peoples Paper," and is published every Friday, at a penny a week. John L. Considine, managing editor ; Schuyler C. Kelly, business manager ; Louis J. Wilde, contributor. The Examiner is located in a neat new building at Arctic and H streets.
CHAPTER XXV
BENCH AND BAR
In 1850 there were three practicing attorneys in San Diego, James W. Robin- son, Thomas W. Sutherland and William C. Ferrell. It would be difficult, if not impossible, to determine which was the earliest settler of the three. Robin- son was the most substantial citizen and the best equipped lawyer, owing to his long experience, learning and personal character. Ferrell was also an able man, and in the eight or nine years of his residence practiced quite actively, but he was somewhat eccentric and scarcely adapted to cut a large figure. He was the first district attorney of the first judicial district, in 1850-52. Sutherland was actively engaged in public affairs in the early '50s. He served as alcalde under the Mexican laws and as city attorney and district attorney under the American civil administration. As city attorney he prepared San Diego's first ordinances, in 1850-I, and rendered other services. In December, 1850, Ira W. Bird was appointed and acted for a time as county attorney, but there is nothing to show that he ever engaged in the practice of law. In this year, also, John B. Magru- der's name appears as an attorney. This of course was Col. J. Bankhead Magru- . der, who was at the time in command of the army post at San Diego.
Coming down a few years, we find the names of Lewis A. Franklin and J. R. Gitchell as attorneys. Franklin practiced very little but Gitchell was the first attorney for the old San Diego & Gila railroad, and drew its charter. He was also district attorney, a somewhat prominent resident, and regarded as an able man. D. B. Kurtz read law under Gitchell and in April, 1856, he and E. W. Morse and D. B. Hoffman were admitted to the bar, but none of the three ever engaged extensively in practice. Squire Ensworth, on the other hand, pursued the profession and gave it his exclusive attention. He was a self-made lawyer and was admitted about the same time as Mr. Morse.
At the time that Horton's Addition began to forge to the front, the prominent attorneys at Old Town were Benjamin Hayes, William Jeff Gatewood and W. T. McNealy.
Judge Hayes was a resident of Los Angeles when elected district judge in 1856, and served until 1864. In 1869 he removed to Old Town and engaged in the practice of law. He was state senator in 1866-67. He died in Los Angeles, August 4, 1877. Judge Hayes was the leading lawyer of San Diego in all mat- ters pertaining to land titles and a cyclopedia of information on Spanish land grants. He was the attorney for the plaintiffs in the suit for the partition of the Middletown Addition. In the course of his practice he accumulated a large number of documents relating to land titles and early history, which he turned over to H. H. Bancroft.
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Colonel Gatewood came in October, 1868, to establish the Union. In the following May he sold his half interest in the paper to Charles P. Taggart, and the paper was soon after removed to New San Diego, while Gatewood remained at Old Town and engaged in the active practice of law.
Colonel Gatewood was a native of Kentucky, a man of fine personal presence and great native talents. He served in the Mexican war and after that settled in Calaveras county, California, where he published the San Andreas Register and took a hand in politics. In the course of the vicissitudes of the latter occu- pation, in 1858, he fought a duel with Dr. P. Goodwin and killed him-a some- what celebrated affair. After retiring from the Union Gatewood quickly built up a good practice. Besides having nearly all the criminal practice, he was usually employed on one side of most of the important civil cases. He was an excellent trial lawyer, ready and resourceful, and especially successful in his advocacy of causes before a jury. After the county offices were removed to New San Diego, he took up his residence there and lived for several years in the house still standing at the southwest corner of Union and D streets. In July, 1872, he founded the Daily World. One of his most important cases was that of the People vs. Gregory, accused of murder, wherein he succeeded in securing an acquittal against great odds. He was also interested in the suit of Pico vs. Forster, involving the ownership of the Santa Margarita rancho, but in that case his clients lost. In the Hinton will case he represented the executors, and in the contest over the removal of the county seat was attorney for the people of Old Town. In 1873 he was a prominent candidate for the democratic nomi- nation for district judge, but was defeated by W. T. McNealy. He died on board the schooner Rosita, in San Diego bay, March 27. 1888.
W. T. McNealy practiced law in San Diego longer ago than any other man now living here. He was a native of Georgia but his father removed to Florida and he spent his youth there. He came to California in 1849 and arrived in San Diego on the 3Ist of March in that year. He relates that his first employ- ment after his arrival was given him by Cullen A. Johnson and consisted of making an abstract of the title to the Middletown Addition; the second was copying some records for Judge Hayes, in the matter of the estate of some minors. The following fall he received the democratic nomination for district attorney and was elected, and two years later was reelected for another term. The record which he made in the vigorous and successful prosecution of a num- ber of criminals popularly supposed to be immune on account of their "pull," as well as his stubborn fight and final victory in the collection of the disputed tax levy for refunding the county debt, with practically all the property owners of the city and county arrayed against him, convinced the people that he was their friend and led to his nomination and election to the office of judge of the eight- eenth district court, defeating Judge Rolfe, in 1873, for a term of six years. In 1879, the old district court having been abolished and the new superior court created, he was chosen to fill that office and served until October, 1886, when ill health caused his retirement. After this he was engaged for a time in practice, but since 1888 has retired.
Cullen A. Johnson was district attorney in 1868-69. He came here in ill health and died April 16, 1873, of consumption.
Daniel Cleveland came direct to New San Diego. He is a native of Pough-
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keepsie, New York, the son of an eminent lawyer and descended from Revolu- tionary stock. He came to San Diego in May, 1869, and practiced law in partner- ship with his brother, William H. Cleveland. The latter, a very able lawyer, died in New Hampshire in 1873. Mr. Cleveland was an active participant in all the city's important steps of progress. He was attorney for the Texas & Pacific Railway five or six years, until it transferred its franchise to the South- ern Pacific, and was attorney for the Bank of San Diego during its existence. He became a large property owner and a public-spirited citizen. In the practice of law his course was always dignified and his attainments and talents commanded respect. He was one of the founders of the San Diego Society of Natural History, its president for a time, and always an active member and contributor.
In a growing community like New San Diego there are always a few men who, by reason of their qualifications and force of character early take and easily maintain the lead in their professions. To attempt to select these men would ordinarily be a difficult and invidious task, but in the case of the early days of New San Diego, it is made easy by the agreement of those who knew them. The two most prominent and successful attorneys of early days in New San Diego who came direct were Major Levi Chase and Wallace Leach.
Major Chase was a native of Maine and a veteran of the Civil war. He came to San Diego in 1868 and almost at once gained a prominent position at the bar. One of his most important litigations was for settling the title and boundaries of the El Cajon rancho, and afterward for its partition among the successful con- testants. This work was very profitable, but as several people were dispossessed considerable feeling was aroused. He was also interested in litigation over Warner's ranch. He formed a partnership with Wallace Leach about 1873, which continued twelve or thirteen years. He took part in most of the important civil litigation of his day, but did not engage in criminal practice. He retired about 1895, and died May 31, 1906. He was regarded as a reliable lawyer and good counsellor.
Robert Wallace Leach was a native of Illinois and a graduate of Harvard Law College. He came to San Diego in June, 1873, and soon after entered into a partnership with Major Chase. His specialty was criminal law and jury trials. He was brilliant, resourceful, and highly successful. His first laurels were won in defending Collector W. J. McCormick, who was accused of robbing himself, as related in the account of governmental activities. About 1885, he formed a partnership with Judge Parker, which continued until Leach's death. He died May 13, 1888.
Charles P. Taggart also belongs to this period. He was the attorney for a number of corporations, such as the Pacific Mail and the Pacific Coast Steam- ship Companies, for Capron's stage line, for the Texas & Pacific railroad and finally city attorney. While city attorney, the trustees entered into a contract with him and General Volney E. Howard, of Los Angeles, by which they were to receive a large share of the tide lands in payment for their services in defending the city's claim to title in the litigation then pending. Much bitterness was aroused and, besides making many enemies, Taggart and Howard got no pay, as it was finally held that the city had no title.
Taggart's specialty was criminal practice. One of his most important cases was the defense in the case of State vs. Burleigh, accused of murder. The evi-
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dence against Burleigh, although circumstantial, was strong and public sentiment was against his client. He succeeded in securing a verdict of acquittal, and subsequent developments established to the satisfaction of many that Burleigh was really innocent. There is a tradition that when the jury first went out they stood II to I, the I being Joshua Sloane, and that he talked over the other II. Mr. Taggart could scarcely have been called a successful lawyer. He dissipated his energies upon a number of activities. As related, he purchased Colonel Gatewood's interest in the Union in 1869, and was its editor and manager for a few months. He was also agent for the Pacific Mail Steamship Company. He died October 13, 1875. His monument bears the inscription: "A friend to free schools."
The judiciary of San Diego has, as a rule, reflected the high character of the bar. Of the district judges, only the first (Witherby) and the last (McNealy) were residents of San Diego, while the others were from other sections of the district. The first county judge and ex officio presiding judge of the court of sessions was John Hays. After him were Cave J. Couts, D. B. Kurtz, W. H. Noyes, Julio Osuna, Thomas H. Bush and Moses A. Luce, who served until the office was abolished.
The first superior judge was W. T. McNealy. Upon his retirement, October 1, 1886, John D. Works was appointed his successor and was chosen at the next general election to fill the unexpired term. He served about a year, then resigned, and was succeeded by Edwin Parker.
Judge Works is a native of Indiana. He came to San Diego in 1883, after having served in the Civil war and in the Indiana legislature and written a text- book on practice and pleading. He was soon after chosen city attorney. After retiring from the bench, he formed a partnership with Olin Wellborn and John R. Jones. He afterward removed to Los Angeles, where he is now success- fully engaged in the practice of his profession. He has served a term as judge of the supreme court of California, and stands high as a citizen and a lawyer.
Judge Parker completed the unexpired part of the term of Judge Works and was regarded as an able jurist. He had been under-sheriff in 1873-74 and studied law and engaged in practice upon retiring from that position. He is spoken of as a man whose naturally fine powers were somewhat handicapped by his diffidence.
The year 1888 was the one at which the grand contest occurred between the "Gallaghers" and the regular republican organization. The superior judge chosen at that election, John R. Aitken, was supported by the former organization. He was a young lawyer recently from San Francisco, who served one term. He returned to San Francisco and is now a practicing attorney there.
By February, 1889, the business of the superior court had increased so much that it was necessary to provide more judges. The legislature accordingly created two more departments and authorized the governor to fill them. Those appointed were George Puterbaugh and W. L. Pierce. In the fall of 1890 these two were elected for a term of six years, and the third judge chosen was E. S. Torrance.
Judge Puterbaugh made a good record. He is still engaged in the practice of his profession in San Diego and enjoys the confidence and respect of the com- munity. Judge Torrance has been upon the bench continuously for about seven-
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teen years. He is regarded as a very able jurist. Judge Pierce served out his term but failed of a renomination. He was shot and dangerously wounded by W. S. Clendenning, who has been a party to a suit in his court and against whom he had ruled. Judge Pierce afterward left San Diego and went to San Francisco.
When the time came for the general election in the fall of 1896, the busi- ness of the court had decreased and one of the departments was discontinued. The two judges elected were E. S. Torrance and John W. Hughes. Judge Hughes died in office and George Fuller was appointed to serve until the next election in the fall of 1900. At that election Norman H. Conklin was chosen to fill the unexpired term and he was reelected in 1902.
Judge Conklin is a native of Pennsylvania and came to San Diego in 1874. He was associated with the late J. M. Julian in the publication of the World, and in 1877 was elected district attorney and served two years. Again the business of the court necessitated the third judge and at the present time Wilfred R. Guy, Theron L. Lewis and W. A. Sloane are the triumvirate for this judicial district.
There have been a number of attorneys in San Diego, now deceased or removed elsewhere, of whom mention should be made.
Thomas P. Slade came to San Diego very early. He was a fine old gentle- man who spent his last days at Julian. Lewis Branson had some of the most important land cases at New San Diego. He had been a judge in Wisconsin. He left before the boom and went to Washington Territory. S. S. Sanborn was another early arrival at Horton's Addition and became associated with Charles A. Wetmore. He died here several years ago. Tyson & Swift were the attor- neys for the land jumpers at Horton's Addition. They both went away early. G. A. Jones was from Texas, a fact which he took pains to place upon his sign. He was attorney for the ousted supervisors at the time of the trouble over the removal of the county seat, and won his case upon appeal. He was at one time in partnership with Chalmers Scott. He died in San Diego several years ago. John R. Jones came from Tennessee and practiced a few years in partnership with Olin Wellborn. N. H. Dodson was from Sacramento. He lived on a ranch at Poway a few years, then returned to Sacramento. William H. Cleve- land was an able and successful lawyer at Old Town and the owner of Cleve- land's Addition. A. C. Baker arrived about 1873, remained only a short time, then went to Los Angeles and later to Arizona, where he became chief justice of the territory in 1893. F. L. Aude came from San Francisco, practiced a short time and then returned. William E. Darby was a resident of Old Town. He was elected district attorney, but died before entering upon the duties of the office. Wellington Stewart first practiced at National City and was attorney for Kimball Brothers. Later he was associated with D. C. Reed. He left San Diego in the '8os.
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