Yuba County CA Archives History - Books .....Chapter 11 Courts And Bar Of Yuba County 1924
************************************************
Copyright.  All rights reserved.
http://www.usgwarchives.net/copyright.htm
http://www.usgwarchives.net/ca/cafiles.htm
************************************************

File contributed for use in USGenWeb Archives by:
Joy Fisher http://www.genrecords.net/emailregistry/vols/00001.html#0000031 January 3, 2012, 4:58 pm

Book Title: History Of Yuba And Sutter Counties

CHAPTER XI 
COURTS AND BAR OF YUBA COUNTY 

THE WHIPPING-POST IN YUBA COUNTY 

    At one time in Marysville the whipping-post promised to become a steady
means of meeting the minor crimes. In the Register of Suits, a very interesting
volume, used by the first alcalde of Marysville, Stephen J. Field, and still
preserved with the Yuba County records, pages 112-117, the following is found: 

    "In the case of the People of the State of California against Frederick
Burcholder and John Barrett, the jury found the defendant Barrett guilty of
stealing a tin box containing about sixty dollars' worth of gold dust and a gold
dust bag containing a quantity of gold dust of the value of from twelve to
fifteen hundred dollars. The judgment of the court was: 

    "Therefore, it is ordered that the said defendant, John Barrett, be taken
from this place to Johnson's ranch (the place where the theft was committed),
and there receive on his bare back within twenty -four hours from this time
fifty lashes well laid on; and within forty-eight hours from this time fifty
additional lashes well laid on; and within three days from this time fifty
additional lashes well laid on; and within four days from date fifty additional
lashes well laid on; and within five days from date fifty additional lashes well
laid on. But it is ordered that the four last punishments be remitted provided
the said defendant make in the meantime restitution of the said gold dust bag
and its contents. The Sheriff is ordered to execute this judgment. Witness my
hand and seal this seventh day of April, 1850.      Stephen J. Field, First
Alcalde of Marysville." 

    Under date of the 8th of April the record adds: "The sentence executed by
the infliction of twenty lashes, after receiving which he confessed the theft of
the bag containing from twelve to fifteen hundred dollars in gold dust and made
restitution of the same." 

Directory Account of a Whipping-post Case 

    The City Directory of 1856 also interestingly describes how, as early as
1850, the whipping-post had to be resorted to. In the month of April, the town
was thrown into a state of excitement by a daring burglary, committed at the
Sutter House, conducted by John Gildersleeve. A truck containing $700 in gold
dust had been robbed, and the perpetrators had fled. The alcalde issued a
warrant; and the robbers, two in number, were pursued and captured by Sheriff
Twitchell and posse. A grand jury was summoned in due form, and indictment was
speedily returned, G. N. Swezy acting as prosecuting attorney. A petit jury was
forthwith summoned; the accused were tried, found guilty and sentenced to be
whipped; the sentence was executed; and the culprits, who left town with their
plunder at four o'clock in the morning, left the same town at four o'clock in
the afternoon of the same day with well-merited stripes. The absence of secure
jails, or other places of confinement, rendered this mode of punishment
unavoidable, unless crime was to be allowed to go unchecked. 

THE CODE OF HONOR 

    The code of honor was frequently resorted to as a method of healing wounded
feelings in the early days of Yuba County, but the practice soon sank into
decay. Many of the meetings were held so secretly, and the results were so
trifling, that the affairs never became generally known. Some, however, were
subjects of general comment for a long time. 

Near-Duel between Judges 

    Probably the most celebrated duel, or rather incipient duel, which ever
occurred in the county, was that between Judges Stephen J. Field and William T.
Barbour. The latter was judge of the Tenth District Court, and in some manner a
feeling of enmity sprang up between the two jurists. This spirit led to
innumerable little squabbles and nearly culminated seriously. George C. Gorham
wrote a criticism on Judge Barbour and handed it to O. P. Stidger, editor of the
Herald, for publication. The same day, as Judge Field was proceeding to his
office, with his arms full of books, he was assaulted by Judge Barbour, who
claimed that his opponent had caused the publication of the offensive article. 

    The parties being separated, by some diplomatic efforts Judge Barbour was
forced to send the challenge. This left Judge Field with the privilege of
selecting the weapons and the manner of meeting. It was at first proposed to
fight with knives in a dark room, but Judge Barbour would not accede to this,
claiming that it was cruelty. Finally it was decided to have a meeting with
firearms, on the opposite side of Bear River. Charles S. Fairfax acted as second
for Judge Barbour, and Gordon N. Mott for Judge Field. Although both parties
appeared on the ground, an actual conflict was avoided. 

Cause, a Woman 

    Early Tuesday morning, March 8, 1853, two men fought a duel near the
cemetery, in Marysville, with double-barrelled shotguns, loaded with buckshot.
One was wounded in the thigh, and had his left arm broken. Cause, a woman. No
notice was taken by the authorities. 

Newspaper Men Mix 

    A duel occurred in 1853 in which Richard Rust, editor of the California
Express, challenged O. P. Stidger, editor of the Marysville Herald. They met two
miles below Yuba City, and used revolvers, firing at a distance of ten paces.
One shot was fired, and the bullet went through the coat of Stidger. The cause
was some articles appearing in the Herald criticizing some in the Express, and
the motives of the editor in publishing them. 

Another Bloodless Duel 

    In 1854 a stranger in Camptonville was inveigled into a sham quarrel, and as
a result a duel was arranged. Two seconds were chosen and a surgeon appointed.
The parties went to the grounds south of Camptonville. When the stranger fired,
his opponent fell and was immediately sprinkled with red berry juice. The
stranger, seeing him fall, and observing the red, which he supposed to be blood,
thought that a good place to get away from, and no time so good as the present,
and therefore broke for the wilderness. Several months later his bones and
clothes were found at the foot of a precipice over which he had fallen in his
fright, a distance of forty feet, and been dashed to death. The body was
accidentally discovered in the following manner: A man named Blackburn had
murdered a boy, George W. Carothers, and fled in the direction the stranger had
taken; and while hunting for Blackburn, the citizens discovered the remains of
the unfortunate victim of their practical joke. 

Turner-Howser Duel 

    Albert Turner and William Howser agreed to settle in an honorable way, and
adjourned to Sutter County, opposite the Yuba County Hospital, for that purpose,
June 10, 1858. The sheriff interfered, however, and they started for Butte
County, but finally returned to Marysville. They met near the hospital the next
morning, with seconds and surgeons, and had five shots at each other, at a
distance of fifty paces, with shotguns loaded with ounce balls. At the last fire
Howser was badly wounded in the right arm. Howser was an uncle of S. C. Howser,
of the present police force. 

Last on the County Records 

    The last resort to the "code honorable" was made by Thomas Burns and John
Davis, both of Marysville. They had a quarrel over some domestic difficulties,
in which Davis received severe chastisement. He challenged Burns to the field of
honor, and they fought a duel on January 8, 1871, a few miles below Yuba City.
Revolvers were used at thirty paces. After the exchange of four harmless shots,
the honor of these men was completely satisfied and they retired from the field. 

JUDICIAL ORGANIZATION 

District Court 

    Under the California law of 1850, Yuba County was in the Eighth Judicial
District, and the first term of the court was commenced on June 3, 1850, by Hon.
William R. Turner. The jurisdiction of this court was very wide, including
chancery, civil and criminal. It had original jurisdiction in all cases in
equity, and its civil jurisdiction included all cases where the amount exceeded
$200, causes involving the title to real property or the validity of any tax,
and issues of fact joined in the Probate Court. It had power to inquire into all
criminal offenses by means of a grand jury, and to try indictments found by that
body. The first grand jury convened on June 4, 1850. 

    In 1851 the legislature took from the court its criminal jurisdiction and
conferred this upon the Court of Sessions, leaving it the power of hearing
appeals from that court in criminal matters, and the power to try all
indictments for murder, manslaughter, arson, and other cases that could not be
tried in the Court of Sessions. At the same session the legislature formed Yuba,
Nevada and Sutter Counties into the Tenth Judicial District. In 1851 Hon. Gordon
N. Mott was appointed by the Governor to fill the vacancy caused by the removal
of Hon. William R. Turner to another district. 

    In 1853 the Tenth Judicial District was changed by the legislature so as to
embrace Yuba, Nevada, Sutter and Sierra Counties. Again in 1857 an alteration
was made, reducing the territory covered by the district to Yuba and Sutter
Counties. In 1863, the size of the district was again increased to four
counties, Yuba, Sutter, Colusa and Sierra. The legislature in 1863 also raised
the civil jurisdiction of the court from amounts over $200 to amounts over $300,
gave it exclusive power to try indictments for treason, misprision of treason,
murder, and manslaughter. 

Court of Sessions 

    The Court of Sessions was composed of the county judge as chief justice, and
two justices of the peace as associate justices, whose term of office was one
year, and who were elected annually by the justices of the county, The first
term was commenced on June 10, 1850. The duties of this court included those now
discharged by the board of supervisors. The court continued to perform these
duties until 1855, when the board of supervisors was organized. In 1851, the
power to inquire into criminal offenses by means of a grand jury was transferred
from the District Court to the Court of Sessions. All criminal indictments were
tried here, except for murder, manslaughter and arson. In 1863, the Court of
Sessions was abolished by act of the legislature. 

County Court 

    In this early period the County Court was held by the county judge, whose
term was fixed by the constitution at four years. Hon. Henry P. Haun was elected
by the people of Yuba County on the first Monday in April, 1850, and opened the
County Court on June 3, 1850. An appeal lay to this court in civil cases from a
justice of the peace and the Recorder's Court. The business transacted by this
court was at first necessarily small. 

    In 1860, the legislature made the jurisdiction of this court to embrace
cases of forcible entry and detainer. The Court of Sessions having been
abolished, criminal jurisdiction was also given to this court, with power to try
all indictments, except those for treason, misprision of treason, murder and
manslaughter, which indictments had to be certified to the District Court for
trial. 

Probate Court 

    The county judge was also the judge of the Probate Court. The jurisdiction
of this court embraced all probate matters. Issues of fact joined here were
adjourned to the District Court for trial, or by agreement could be tried in
this court. Afterwards, by act of the legislature, the Probate Court was given
the power to summon juries and try issues of fact. 

Recorder's, Mayor's and Police Courts 

    The charter by which the City of Marysville was incorporated in 1851
provided for a Recorder's Court to be held by the recorder of the city, elected
annually by the people. The first to fill this position was Gordon N. Mott,
elected in 1855. The jurisdiction of this court extended to the city limits, and
embraced the same civil and criminal powers as those possessed by a justice of
the peace. It also had exclusive jurisdiction of all violations of a city
ordinance, nuisances in the city, vagrancy, and disorderly conduct. 

    By the charter of 1855, the civil jurisdiction of this court was taken away.
The office of recorder was abolished by the legislature of 1862, and a Mayor's
Court was established. All powers of the recorder were transferred to the mayor
of the city, who held a new court. 

    By act of the legislature, the city was reincorporated in 1876, and the
Mayor's Court was changed to the Police Court, as it exists at present, with the
same powers as those possessed by the Mayor's Court. The police judge thereafter
was elected annually by the mayor and common council. 

Justices of the Peace 

    By the law of 1850 the term of a justice of the peace was fixed at one year.
His jurisdiction extended to the limits of the township in which he was elected.
He had cognizance of actions on contract, for damages, and to recover specific
property when the amount or value did not exceed $200. 

    In 1851 the powers of the justice of the peace were considerably increased.
He had jurisdiction of actions to recover money for damages to personal
property, for fines, penalties and forfeitures, actions on bonds, enforcement of
lien on personal property, actions to recover personal property, and judgments
by confession, where the amount in all these cases did not exceed $500, and on a
bond taken by him, even if the amount did exceed that sum; also jurisdiction
over cases of forcible entry and detainer, and for the trial of the right in
mining claims. 

    In the City of Marysville, the Police Court has cognizance of criminal cases
to the exclusion of the Justice's Court. 

BAR OF YUBA COUNTY 

    Among Judge Field's associates at the Marysville bar during his residence in
the city he helped to christen were: Richard S. Mesick, afterwards district
judge in Storey County, Nev.; Charles H. Bryan, who died in Virginia City, Nev.;
Jesse O. Goodwin, afterwards Speaker of the Assembly, district attorney, and
State Senator; Gabriel N. Swezy, afterwards in both branches of the legislature;
Gen. William Walker, the "grey-eyed man of destiny," the foremost filibuster of
the world; John V. Berry, whom a druggist poisoned by mistake; E. D. Wheeler,
afterwards State Senator; T. B. Reardon, who died in Oroville; Isaac S. Belcher,
later district judge, supreme judge and Supreme Court commissioner; E. C.
Marshall, later a member of Congress and Attorney General; and at least fifty
others, including Charles E. Filkins, Charles Lindley, Henry P. Haun, N. E.
Whitesides, F. L. Hatch, George Row r e, William C. Belcher, Charles E. De Long,
afterward minister to Japan, and Henry K. Mitchell, who became prominent in law
and politics in the State of Nevada. 

    The early bar of Yuba County had among its members men who later gained
national and State fame. We recall Judge I. S. Belcher, who was made a Supreme
Court commissioner, ranking with the judges of the State Supreme Court under a
provision of the new constitution adopted in 1884. Judge Belcher had established
a lucrative law business in Marysville in partnership with his brother, W. C.
Belcher; and with the latter he later established an office in San Francisco,
where they were equally successful. During the latter part of their career in
Marysville, they had associated with them another brother, E. A. Belcher. 

Charles De Long was appointed minister to Japan by President U. S. Grant,
because of the brilliant record made by him in this section. 

    James G. ("Jim") Eastman became one of the leaders of the Los Angeles bar,
and was noted throughout the State for his eloquence and wit. Eastman took a
prominent part in bringing about the adoption of the new State constitution. 

    L. J. Ashford had an office on Third Street. He spent his last days on the
orchard of his brother in Sutter County. 

    S. M. Bliss, who later served as district attorney of Yuba County, is
remembered as a very energetic man with an enviable record. 

    The same can be said of Frank B. Crane, who became district attorney of
Sutter County and superintendent of schools in Yuba County. 

    D. H. Cowden, another early-day lawyer, married a daughter of Peter Van
Fleet, who was made a Supreme Court commissioner when that body was increased to
five members in 1889. Mrs. Cowden, formerly Annie Van Fleet, was a graduate of
the Poston Seminary in Marysville. 

Edwin A. Davis, who became judge of the Superior Court of Yuba County, began his
career as teacher in the schools of Camptonville, studied law while serving as
such, and opened his first office in Marysville. 

    Charles E. Filkins is remembered as a short, portly, dignified man, and an
able attorney. He seldom took a criminal case. He acquired a competency and died
in very comfortable circumstances. His home was at the corner of Seventh and D
Streets, in the dwelling now occupied by Mrs. MaryAaron. A daughter of Filkins
became the wife of A. C. Bingham, well-known banker in his lifetime. Another
daughter, Jennie Filkins, married C. P. Tubbs, of San Francisco. 

    Jesse O. Goodwin was very prominent in the early history of Yuba County. He
acquired a fortune. At one time he owned the vast acreage in Sutter County that
became the property of Berg Brothers. While he remained a bachelor during his
palmy days, shortly before his death he married Mary Wadsworth, who became a
celebrity as a singer. The ceremony took place in San Francisco, while Goodwin
was in declining health. During his resiednce in Marysville, Goodwin had a
narrow escape from death while riding with Dr. R. H. McDaniel on the Feather
River bridge. That structure was then enclosed with a heavy framework. A runaway
team entered the bridge from the end opposite to which Dr. McDaniel and Goodwin
had driven in. Dr. McDaniel escaped without injury when the collision came, but
Goodwin received injuries which left him indisposed for a long time. 

    George C. Gorham, another early-day lawyer of Marysville, became secretary
of the United States Senate, through the efforts of his friend, Judge Stephen J.
Field, a position he held many years. He was distinguished as a great orator. He
was a brother of Charles M. Gorham, who was made mayor of Marysville. 

    Phil W. Keyser, who for many years held the position of judge of the
Superior Court of Yuba and Sutter Counties, while the two were in one judicial
district, was a very popular man in Marysville and Yuba City. He gained
prominence in the State and nation through his decision in the case of Keys
against the North Bloomfield Mining Company, which led to the famous Sawyer
decision estopping hydraulic mining, the detritus from which threatened great
damage to the valley counties. 

    Lloyd Magruder became county clerk in 1857, and was killed in 1863 by
highwaymen in Washington Territory. He practiced here for many years, and reared
a family in Marysville. 

    R. H. McDaniel, brother of the present superior judge of Yuba County,
practiced in Marysville until his health failed. He died in 1868. 

    J. C. McQuaid, an uncle of C. E. McQuaid, present assessor of Sutter County,
also was a member of the Yuba County bar. 

    Zach Montgomery's name is inseparable from the early history of the county.
He attained State-wide fame as an orator and pleader. He became prominent in the
anti-debris litigation. 

    Gordon N. Mott was one of the judges of the county in the very early days.
He was a great friend of Judge Stephen J. Field, and was the father of Rev.
Edwin Marshall Mott, pastor of the Episcopal Church in Washington, D. C, to
which charge the younger Mott was called through the influence of Judge Field. 

    William Singer, Sr., is remembered as a noted land lawyer, making his start
in Marysville. His son, William Singer, Jr., followed in his footsteps and
became chief counsel for the Southern Pacific Company in their land department. 

    Gabriel N. Swezy was a noted and prominent citizen and leading lawyer of
Marysville in its early history. At one time he was greatly interested in live
stock. In every State and county fair his herds always were on display,
especially his shorthorn cattle, to which strain he leaned. He built the house
still standing at the southeast corner of Seventh and D Streets. His daughter,
Mrs. Amelia Coult, was a highly respected and able teacher in the Marysville
schools in the eighties and nineties. Charles E. Swezy, land attorney, who died
recently in Sacramento, was a son of Gabriel Swezy. 

    William Walker brought the bar of Yuba County into prominence when he became
the leader of the famous filibustering party that invaded Central America. His
band captured a number of the citizens of Nicaragua, and had it not been for
Uncle Sam's gunboats, which took him into camp, he would have accomplished his
aim to become head of that country. 

    N. E. Whiteside was another of the successful lawyers of the community. His
son, "Bo" Whiteside, was made a deputy sheriff by one of the early-day sheriffs.
"Bo" Whiteside is now an officer in Arizona. The elder Whiteside married a Miss
Vineyard, sister-in-law of Matt Woods, early-day sheriff. He became famed as a
great orator and wit. 

    Other early lawyers were B. W. Howser, who built up a splendid office
business, E. G. Fuller, and J. H. Craddock, who specialized in probate work. 

    In a later group of Marysville attorneys were M. C. Barney, W. G. Murphy, C.
L. Donohoe, C. J. Covillaud, C. A. Webb, E. P. McDaniel, Edwin A. Forbes, and
Wallace Dinsmore. Forbes became district attorney of the county and later
adjutant-general of the State of California. Donohoe moved to Willows, Glenn
County, where he still lives. 

    Still later accessions were Edward Tecumseh Manwell, who, while serving as
district attorney, was killed by the I. W. W.'s in the Wheatland hop-riots, as
is told in another chapter; M. T. Brittan, who also served as district attorney,
and died in 1922; W. S. Johnson, who died in the fall of 1923; F. H. Greely, now
serving as auditor and recorder; and Arthur H. Redington. 

    Present-day members of the Yuba County bar are: Richard Belcher, W. H.
Carlin, W. E. Davies, Arthur De Lorimier, F. A. Duryea, John E. Ebert, Ray
Manwell, R. R. Raish, W. P. Rich, E. B. Stanwood, Alvin Weis, Charles A.
Wetmore, and E. S. Norby. 


Additional Comments:

Extracted from:

HISTORY OF YUBA and SUTTER COUNTIES 
CALIFORNIA 
WITH 
Biographical Sketches OF 
The Leading Men and Women of the Counties Who Have Been Identified with Their
Growth and Development from the Early Days to the Present 

HISTORY BY 
PETER J. DELAY 

ILLUSTRATED 
COMPLETE IN ONE VOLUME 

HISTORIC RECORD COMPANY 
LOS ANGELES, CALIFORNIA
1924

File at: http://files.usgwarchives.net/ca/yuba/history/1924/historyo/chapter1324gms.txt

This file has been created by a form at http://www.genrecords.org/cafiles/

File size: 23.2 Kb