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Full text of "History of Santa Clara County California"

979.401 

Sa68s 

1131843 



GENEALOGY COLLECTION 



3 1833 01102 7916 



HISTORY OF 



SANTA CLARA 
COUNTY 

CALIFORNIA 



WITH 



Biographical Sketches 



OF 



The Leading Men and Women of the County Who Have 

Been Identified With Its Growth and 

Development From the Early 

Days to the Present 



HISTORY BY 

EUGENE T. SAWYER 



rO 






ILLUSTRATED 
COMPLETE IN ONE VOLUME 

HISTORIC RECORD COMPANY 

LOS ANGELES, CALIFORNL-V 
1922 



1131343 
CONTENTS 



CHAPTER I— PAGE 33 
Unrivaled Climate and Situation — Origin of Name — Early Inhabitants — Story of the Early 
Days — Founding of the Missions — Father Junipero Serra — Father Pena — Founding of San 
Jose— Father Maguire de Catala Plants Trees on Alameda — Mission of Santa Clara — Secu- 
larization of Missions — Life on the Early Ranches — The Rodeo — The Matanza — Early 
Government — Some Grotesque Religious Ceremonies — Bull and Bear Fights — First Ameri- 
can Settlers — The Donner Party. 

CHAPTER H— PAGE 46 
Santa Clara County During the Mexican Rule — The Adventures of Captain Fremont — Don 
Mariano Guadalupe Vallejo — Raising the Bear Flag — Proclamation of General Jose Castro. 
War with Mexico Declared — Proclamation of Commodore Sloat — Capt. Charles M. Weber. 
Juzgado Transformed into Barracks — Battle of Santa Clara — Captain Thomas Fallon 
Raises First American Flag — Gold is Discovered — Reminiscences of the Days of '49 — -Kill- 
ing of Young Pyle — Local Government — Early Merchants and Buildings of San Jose — 
Grandma Bascom's Story. 

CHAPTER in— PAGE 61 
Military Rule — Constitutional Convention — San Jose as Capital of the State — First Legisla- 
ture Convenes — Removal of Capital — First July 4th Celebration — Boundaries of Santa 
Clara County — County Government — Court of Sessions — Land Grants and Suertes — San 
Jose Land Company — Settlers' Leagues Defend Titles — A Trumped-Up Robbery of Pub- 
lic Treasur}- — List of Spanish and Mexican Land Grants. 

CHAPTER IV— PAGE 71 

Courts of First Instance — The Early Bar of San Jose — Alcalde Burton's Common Sense — Mule 
Appears as Witness — District, County and Justice Courts Supersede Courts of Alcalde and 
First Instance — Judge Watson's Informal Handling of Cases — Eccentricities of Judge 
Redman — The Lord of Hardscrabble — The First Court House — Judge Almond's IDemi- 
john — Strange Career of Rufus A. Lockwood — Freeman McKinney — The Irrepressible 
J. Alexander Yoell — Judge Buckner's Quaint Ways of Dispensing Justice — High Stand- 
ing of Judge Hester — W. Frank Stewart — Change in Court System — Tribute to Judge 
Belden. 

CHAPTER V— PAGE 85 

Topography and Geology — The New Almaden Mines — Crime in the Early Days — Outlaws 
Terrorize the County — Exciting Career of Francisco Soto — Augustin C. Hall Mur- 
dered — Santiago Berryessa Kills Pedro Aravena — Francisco Berryessa Stabbed — Mur- 
der of Joseph Pellegrini — Juan Jose Rodriguez Killed — Mary Hallock Foote's Mining 
Camp Stories — Guadalupe Quicksilver Mine — Enrequita Mine — Mineral Springs of the 
County — The Oil Development. 

CHAPTER VI— PAGE 92 

Society Events in the Fifties, Sixties and Seventies — Reminiscences of Pioneer Women — Mrs. 
Mary A. Carroll's Interesting Record — Mrs. Frances A. Sunol-Angus Writes of Early 
Society — Joseph H. Scull Tells of Festivities — Entertaining Account of San Jose Society 
by Mrs. S. O. Houghton — Recollections of Dr. Chamblin — Charles G. Ames Bests Judge 
William T. Wallace in Oratorical Combat — Opening of Hotel Vendome — Distinguished 
Visitors. 

CHAPTER VII— PAGE 101 

Passing of Old Landmarks of San Jose — Fair Grounds — Live Oak Park and Prevost's Gar- 
dens — Old Court House — -Duel Between Thomas Shore and S. J. Crosby — Killing of Jailer 
Martin Roohan — John Marr Escapes From Jail After Killing Peter Veuve — Jailer Hen- 
dricks Killed When Indians Break Jail — Killing of William Cooper — Harry Love 
Slain — Old Residential Landmarks — Naglee. Henslev and Josiah Belden Homes. 



CONTENTS 

CHAPTER VIII— PAGE 108 
Newspapers in the Early Days — San Jose Weekly Visitor — Daily Mercury — J. J. Owen a 
Striking Figure — His Encounter With Montgomery Maze — Charles M. Shortridge — The 
Daily Times— The Tribune— The Herald— E. A. and J. O. Hayes— W. Frank Stewart 
and the Daily Reporter — Mark Twain — The Courier — W. A. January and the Santa 
Clara Argus— History of Henry C. Hansbrough — Chester H. Hull— Daily Garden City 
Times Started by Edwin Markham, S. H. Herring, Ferryman Page and E. T. 
Sawyer— A. P. Murgotten and The Pioneer — Daily Morning Times — H. A. De Lacy 
Establishes City Item, Now the Evening Times — Charles W. Williams — The Santa Clara 
Valley Started by Major Foote — His Exciting Experience with a Delegation of Cornish- 
men — John T. Wallace and E. T. Sawyer Start the Scooper — W. W. Elliott, Editor of the 
Santa Clara Index — His Experience as a Court Reporter — Allen P. Kelly. Editor of the 
San Jose Herald. Captures Grizzly Bear — Other Newspapers. 

CHAPTER IX— PAGE 118 

Early Days of Drama in San Jose — James Stark Establishes First Theater — Samuel W. Piercy 
Makes His First Appearance There — Name Changed to San Jose Theater — Gustav Bro- 
haska Converts Armory Hall Into San Jose Opera House — Eleanor Calhoun. Now Princess 
Lazarovich, Makes First Appearance on Stage in E. T. Sawyer's Loyal Hearts with John 
T. Malone and H. A. De Lacy — California Theater Had Many Notable Stars — Audito- 
rium, Later the Garden City Theater— Victory Theater— The Hippodrome— T. & D. The- 
ater — Lyric Theater — Jose Theater — Liberty Theater — First Amateur Dramatic Com- 
pany' — John W. Dunne — Frank Bacon — John 'P. Malone — Charles \\'. Williams — John T. 
Raymond, California's Star Comedian — Some of the Old-Time Minstrels — Charley 
Rhoades. 

CHAPTER X— PAGE 126 

Distinguished Visitors to San Jose and the Santa Clara Valley — Political Orators — George 
Francis Train — Henry George Unmasks a Mysterious Spook — Bret Hart — Mark Twain — 
President Harrison's Visit — General Grant Receives Ovation — Lecturers from the East 
and from Over the Sea — General Fremont Is Guest of Santa Clara County Pioneers — Ned 
Buntline's Adventurous Career. 

CHAPTER XI— PAGE 132 
Santa Clara County During the Civil War — San Jose Volunteers — Many Companies 
Formed — Band of Confederate Sympathizers Rob Stages to Obtain Money for 
Cause — Ingraham Gang — Methodist Church lUirned — Dick Baker Gang — Excitement 
Over Death of Lincoln. 

CHAPTER XII— PAGE 135 
The Fruit Industry of County — Largest Prune Producing Section in State — History of the 
Development — Introduction of French Prune- — Early Orchardists — The First Can- 
ner)'— Lyman Burrell Has First Mountain Orchard — Dr. J. M. Dawson Pioneer Fruit 
Canner and Packer — Other Packing Companies — Strawberry Section — Annual Orchard 
Production — Vineyards and Olive Orchards — Seed Growing Carried on Extensively — 
Citrus Fruits — Farm Loan Association — Vegetable, Poultry Raising and Dairying. Impor- 
tant Industries — Artesian Wells Supply Water for Irrigation — Growers' Organiza- 
tions — Santa Clara County Statistics. 

CHAPTER XIII— PAGE 145 
County Government and Good Roads — Transportation of Passengers in l^arly Days — Water 
Transportation — History of Various Important Road and Railway I'.nterprise.s — First 
Railroad Comjileted — Western Pacific — Narrow Gauge Railroad. 

CHAPTER XIV— PAGE 152 
Public Buildings of the County — Many Locations of the County Court House — Changes Made 
by the Legislature — Present Court House a Splendid Building — Futile Attempt to Regain 
State Capital — New County Jail — Hall of Records — Hall of Justice— County Hos- 
pital — County Poor Farm. 



CONTENTS 

CHAPTER XV— PAGE 156 
The Resources and Attractions of San Jose, the Garden City of California — Soil, Climate, 
Production and Opportunity — What a Man from the East Learned from an Old Resident. 

CHAPTER XVI— PAGE 162 
San Jose Incorporated as City — Organization of Political Parties — First Gas Eights — Water 
Pipes Laid — Horse Railway on Alameda — Severe Earthquake in 1868 — Disastrous 
Floods — Story of Tiburcio Vascjuez, Noted Bandit — Street Railroad — John C. Arnold 
Figures in Remarkable Case of Mistaken Identity — Dick Fellows, Lone Highwayman, 
Escapes from Constable — Brutal Murder at Los Gatos — W. P. Renowden Tortured and 
Killed — Lloyd L. Majors Hung for His Murder — Bond Issue of 1886 — New City Charter 
Defeated — The Dixon-Allen Trial — Electric Tower Erected— Chinatown Destroyed by 
Fire — Mexican Hanged by Mob — Charles Goslaw Meets Death on Scaffold — Disastrous 
Fire of 1892 — Henry Planz Murdered — Sextuple Murder — New Charter Adopted — Earth- 
quake of 1906 — Commission Form of Government Adopted — Mayors of San Jose. 

CHAPTER XVII— PAGE 175 

San Jose and Santa Clara Activities During the AVorld War — Liberty Loan, Red Cross, Y. M. 

C. A., Belgian ReHef and Other Drives— The Men and Women Who Did the Work. 

CHAPTER XVIII— PAGE 194 

History of the Lick Observatory on the Summit of Alount Hamilton — The Eccentricities of 
James Lick, the Philanthropist — Erection of the Lick Mill — The Lick Hotel at San Fran- 
cisco — W'hat He Did for San Jose. 

CHAPTER XIX— PAGE 202 
The Story of Alum Rock Park, San Jose's Beautiful Reservation of One Thousand 
Acres — Judge Richards' Description of Its Beauties and Attractions — The Claim of J. O. 
Stratton. 

CHAPTER XX— PAGE 206 
The Attractions of the Big Basin, or Cahfornia Redwood Park — How It Was Preserved by 
the Efforts of a San Josean — The Sempervirens Club — The Annual Forest Play in a 
Natural Setting. 

CHAPTER XXI— PAGE 210 
The Public and Private Schools of San Jose — The Growth of the High School Constructed 
on LIniversity Plan — The State Teachers' College — College of Notre Dame — College of 
the Pacific — Other Institutions. 

CHAPTER XXII— PAGE 221 
The Public Utilities of San Jose — The Early Service of the Gas and Electric Companies — The 
San Jose Water Company and Its Sure and Steady Progress — The Street Railways in and 
out of the City — The Post Office and Postmasters. 

CHAPTER XXIII— PAGE 227 
San Jose Woman's Cluli — County Alliance — Newman Hall and Clul) — Sainte Claire Club — 
Columbia Circle, C. L. S. C. — Lecticonian Society — The Country Club— The Pioneers' 
Society — American Legion — Law Library and Bar Association — Housewives' League — 
Daughters of the American Rcxolution — Musical Clubs and Record — Y. W. C. A. — Club 
La France — Boy Scouts — Loyal I talo- American Club. 

CHAPTER XXIV— PAGE 239 
San Jose Board of Trade — San Jose Chamber of Commerce — Merchants Association — Rotary 
and Lions Clubs— Civic Welfare Club— The 100 Per Cent Club— Labor Organiza- 
tions — Commercial Club — Pen Women Branch — The Plotwrights — The Western Aero 
Club. 



CONTENTS 

CHAPTER XXV— PAGE 245 
Associated Charities — Good Cheer Club — Home of Benevolence — The Odd Fellows Home — 
The Pratt Home— Notre Dame Institute— The Salvation Army and Volunteers of Amer- 
ica — The Story of Old Bob Bennett — ^Juvenile Court and Probation Office — The Coffee 
Club — The Woman's Exchange — Humane Societies — Y. M. C. A. — Boys' Outing 
Farm — Red Cross Society — W. C. T. U. — Community Shop — Fraternal Orders. 

CHAPTER XXVI— PAGE 255 
The Sanitariums and Hospitals of San Jose — The Splendid Appointments of the O'Connor 
Buildings — Columbia Hospital — Santa Clara Medical Society — Dr. Ben Cory. 

CHAPTER XXVII— PAGE 258 
The History of San Jose Fire Department — Primitive Appurtenances of the Early Days — Vol- 
unteer Department for Twenty-Six Years — The Police Department's Growth and Work. 

CHAPTER XXVIII— PAGE 262 
The Early Churches of San Jose and Their Vicissitudes — History of the San Jose Library — Its 
Growth from Small Beginnings — The County Free Library — The Carnegie Library. 

CHAPTER XXIX— PAGE 266 
The Santa Clara Historical Society and Its Objects — Spanish Names for Natural Objects — The 
Interesting Career of Judge Augustus O. Rhodes, a Nonogenarian. 

CHAPTER XXX— PAGE 270 
The Banks and Industries of San Jose — Bank of Italy — A Daring Robbery — Garden City Bank 
and Trust Company — Security State and Savings Bank — First National Bank — Growers 
Bank — San Jose Foundry — Bean Spray Company — Anderson-Barngrover Company — 
Smith Manufacturing Company — Sperry Flour Company — Globe Mills — American Can 
Company — Security Warehouse and Cold Storage Company — Garden City Manufactory- 
Tile Company — Spray Manufacturing Company — Artificial Leather Company — Wholesale 
Grocers — The Oliver Company — National Axle Corporation — Plow Factories — Farmers 
Union — Granite and Marble Works. 

CHAPTER XXXI— PAGE 277 
The Romantic History of the Town of Santa Clara — Home of One of the Early Missions — The 
Story of Santa Clara University — Planting of the Mission Cross — Marcello, the Last of 
the Mission Indians. 

CHAPTER XXXII— PAGE 284 
Palo Alto and Leland Stanford, Jr., University — The Rapid Growth of One of the Progressive 
Towns of Santa Clara County — The Location and Uses of a Great Educational Institution. 

CHAPTER XXXIII— PAGE 289 
Los Gatos, the Gem City of the Foothills and Its Environs — The Gateway of the Valley — Gil- 
roy, the Thriving Little City at the Southern End of the County. 

CHAPTER XXXIV— PAGE 294 
Other Growing Towns of Santa Clara County — Sunnyvale — Change from Grain Field to 
Thriving Community — Campbell — Cupertino — AlViso— Milpitas— Agnew — Saratoga — Los 
Altos — Evergreen — Mountain View — Mayfield — Morgan Hill — Tragic Encounter with a 
California Lion — Berryessa — Alma — Wrights Station — Ambrose Bierce's Life — Patchen — 
Mountain Charley's Adventures — Small Towns and Villages. 

CHAPTER XXXV— PAGE 306 
Miscellaneous Items of Interest — Observations of a Weather Expert — Judge Belden and Mayor 
Pfister — An Auto Camp — Result of Presidential Elections in the County. 

CHAPTER XXXVI— PAGE 308 
Federation of American Farmers — Last Relic of Santa Clara Mission — Census Figures — Dec- 
orations Received by Santa Clara Boys in World War. 



INDEX 

Abel, George E 1 102 Azevedo, J. E 1456 Beattie, J. Irving, M.D . . 495 

Abel, Otto 1396 Azevedo, Manuel T 1578 Beatty, Charles L 1629 

Abernathy, Frank 1080 Azzarello, Vincent 1337 Beatty, John F 1392 

Abernathy, Wm. Watson 928 Babb Tames T 603 I^eck, Thomas B 1316 

Abreo, Joseph A 1650 Bachrodt, Walter h.'.'.'.'. 519 !^^f,^'^' ?'^'"\^\; ^l^.t 

Adams, John Hicks 1055 Bacigalupi, Arthur P. . . . 1209 ^^"^.^^'' J°s^Ph ^ ^18 

Adams, William H 1056 Bacon, Albert Sylvester. 1072 ^^f".'^' ^^^o" ^ 1425 

Albertson, E. H 595 Bailey, Elton R . 892 Benjamin M- A . 285 

Alderton, Henry A., M.D. 765 Baiocchi, Adolph J., M.D. 1257 ^*-^""^''' ^^^'""!^" ^ ^°^^ 

Alison, Ralston 1061 Baiocchi, Almanda 1664 Bennett, Ralph R 907 

Allegrini, Igino 1296 Baker Herbert C 1209 Benoit, Eugene 1 1631 

Allemao. Manuel J 1264 Baker' James T 1^09 Benoit, Louis P 582 

Allen, Charles S 1649 Baker' Lewis E 1211 Benson, Oscar 1603 

Allen,John H 1250 B;ker; Mrs. Marga'ret'E. 680 ^entley, Robert I., Jr. . . . 901 

Allen, W. A 1493 Baker, Orlando L 457 Vernal, Bruno 508 

Allen, William Benjamin. 1348 Baker, Simeon 823 Bernal, Pedro A 376 

Alexander, George W . . . 582 Baker' T E 680 Bernal, Ygnacio 408 

Alexander, William G. . . 316 Balcomb Jean B 1554 Bernthal, Walter G 1572 

Alvernaz, Frank P 1444 Balistreri, Frank' OHver'. 1621 |^erry, C E 1192 

Alves, Antone 1469 Ball, Harry Ulysses 1595 ^^"y' '^^^'}^^ 351 

Anderson, A 1577 Ball, Martin Charles.... 1371 Berryessa, Alex. 379 

Anderson, Hon. Alden. .. 796 Ballou John Q A 77'^ Berryessa, Jose J 1094 

Anderson, A. Ray 546 Balsba'ugh, Ephriam' '.'.'.'. 1002 Berryman, Fred 1680 

Anderson, George C 664 Barbaccia Bros 1660 Bertelli, Angelo 1591 

Anderson, George H 1150 garber, Lawrence' 'z. '.'.'. 883 Bertelsen, Bertel. ..... 1592 

Anderson, John .■ 1510 Bariteau Eli 1549 Beverson, Charles D 630 

Anderson, John Zuinglius 783 Barkalow, Benj'amin'F'. '. '. 1528 ^^''Sgh Alfred F 1628 

Anderson, Steve 1159 Barker, Frank P 1413 Biaggi, Fred ... 628 

Anderson, Theodore O .. . 866 Barker Samuel A 1413 Biaggi, William R 1666 

Anderson, Tom D 1113 Barnard E E 1553 Billwiller, Ernest 1526 

Anderson, William W... 1183 Barnes Harry 1083 Bisceglia. Pasquale 1568 

Andrada, Manuel 1317 Barnes' Mary F 1340 Blabon, Joseph W. D. . . 596 

Anello, Frank ^ 1384 Barnett, Thomas Cl'e'mens 1651 ^1^1^°"'?,?^ "^ HJ« 

Angelo, Jose C 114 Barns, Charles Edward. . 1111 Babon,Wm. Caspar. .. . 338 

Anzmi, Ben 1204 g^rnum John S 1532 Black, John Newton.... 1514 

Arana Melvin Joseph. . . 1303 ^ August Wi'lham! .' 1553 ^l^'Jf^"'^' ^^"'" ,gl 

Arguello, Julio 599 g^^^^ c. Marian, A. M . . . 939 ^^^h Car . . 167o 

Armanasco, James 1432 g^ ^^^^ Catherine E. 446 ^ =^"^^ J°';" ^^ 22 

Arnberg Fred J 6 ^^^/^^^ ^^^3 ^^ ^ 7gg B anch, Robert ..... 446 

Arnench, Frank N 1311 -R-ip: T7rpnr;« r ini? Blanchard, Hiram A 1202 

Arnerich, Paul J 608 g^JJ'' Luther ^ 1651 Blanchard, Thos. L., M.D. 1088 

Arnold, Arthur E 972 Bartlett, William C.... . 1494 Bland, Henry M., Ph.D. . 479 

Artana, Henry C 1649 Battee, John M 530 Bland, W^allace E 1518 

Athenour, A., & Bros. . . . 1225 Bauman, John 1361 Blauer, William J 1340 

Atkinson, Richard 940 Baumgartner Bros 1243 Blaurock, James Edwin. 1133 

Austin, William E 1114 Bazata, Rev. Benjamin V 1290 Blois, J. Byron 986 

Averill, Arthur Earl 1261 Beall, Lucian M 1591 Blount, Alvin M 508 

Averill, Volney 861 Bean, James E 788 Bodley, Thomas 458 

Ayer, Henry M 918 Bean, John 1460 Bogart, Arthur W 1266 

Ayer, Samuel Freeman.. 867 Beane, Georgia M 346 Bogart, Sewall B 1317 

Azevedo, Andre 1586 Beans, Thomas Ellard. . . 1362 Bohnett, Floyd 1403 

Azevedo, Joseph C 1391 Beans, William Knox. . . 762 Bohnett, Joseph 848 



INDEX 

Bohnett, Lewis Dan 1670 Burket, Mrs. Julia E 1249 Casley. James 663 

Boisseranc, August 1270 Burkett, A. Kieffer 1134 Cassady, Sydney 1612 

Bolfing, C. T. 1652 Burkett, George P 825 Cassin,' Charles M 1229 

Bonar, Edgar P 1329 Burnett, David IM 342 Castello, John 1437 

Bone, Joseph H 995 Burns. T. S 1626 Castilleja School 762 

Bonetti, Henry 1278 Burrell. Frederick C. . . . 472 Castillou, James 1459 

Bonnet. Adrien 1188 Burright, Charles L 1630 Castle, Arthur F 661 

Bonnet, Gaston 1691 Burrows, Thomas J 1195 Castle, Mrs. California . . 479 

Bonnet, Louis Joseph... 1550 Burton, Henry Heber... 1033 Castle, L N 479 

Booker, George E 1269 Butcher, Rolla 944 Castro, Crisanto 1.^80 

Booth, Miss Etta E 1289 Butcher, Rolla, Sr 943 Caswell, Frank V 1202 

Bordenave, Nicholas .... 1469 Button, Dr. W. H 1491 Catania, Henry 1391 

Bordi, Baptiste 1470 Byrne, Garrett J 490 Cauhape, Victor 1315 

Boulware, Milton A 341 Calanchini, Ermenegildo. 1670 Cavala, Paul L..^ 1372 

Bourguignon, Frank E. . 1006 Calcagno, Simone 1550 Cavallaro, Clifton D 1527 

Boussy, Ferdinand 1688 Caldwell. Charles Henry. 1655 Cavallaro, John 851 

Bowen, Fred 888 Caleb. Miles Monroe. .". . 665 Challen, Victor 1234 

Boyd, James, D. V. S. . . . 644 Calkins, Geo. W 1347 Chambers, J. W 1666 

Bradford, Alden E 1196 Call, George B 975 Chapin, Frank E 1039 

Bradford, Mrs. Allis Callahan, Thomas 1 1626 Chargin, Joseph A 1595 

Kimball Ballou 972 Cambiano, Paul D". 1518 Chase, Elmer E 844 

Brandenburg, Harrv E.. 1257 Cameron, Dr. David Paul 817 Chase, Foster Wooden.. 1118 

Brandt, Charles . /. 1066 Camp. John M 1459 Chase, Elmer E., Jr 1518 

Braslan, Charles P 607 Camp, Wilbur Lee 629 Chrisman, Walter L 463 

Brattan, Mrs. Catherine F 516 Campbell, Alexander D. . 678 Chrisman, William Henry 475 

Bray, Mrs. Clara C 880 Campbell, Andrew J 1113 Christian, Charles W 603 

Brazil, Manuel S 1408 Campbell, Carl 1007 Churchill, C. C 1692 

Breitwieser, John J 1564 Campbell, David \\illiam 1137 Churnside. Thomas 1576 

Bressani. Richard V 1448 Campbell. George 1414 Chynoweth, Mrs. Mary PL 334 

Breton, J. Walter 1200 Campbell, James Henry. 795 Cil'ker, William Hamilton 1466 

Bridgman, Roy W 550 Camps. Frank L 1577 Clark,' C. H 1492 

Brimson, Joseph Marion. 1604 Cantua, Joseph M 560 Clark. Charles 507 

Brinkman, Fred H 1243 Cantua. Lenora 560 Clark. George Thomas. . 788 

Britschgi, Jack E 1651 Cappa, Joseph 1669 Clark, John A., M. D. . . . 1431 

Britton, Arthur T 1052 Cardoza, John F 1431 Clark, Jonas, M. D 935 

Britton, Lewis H 1317 Cardoza, Tom 976 Clayton, James A 803 

Britton, Robert 1318 Careaga, Mrs. Maria A. . 484 Clayton, Willis S 807 

Broedel, Michael 624 Carlo, John R 873 Clearwaters, Reuben D . . 651 

Brokenshire, John R 1388 Carlson, C. A 577 Clements, W^ T 1191 

Bronk, Manuel 1434 Carlson. Charles 1550 Clouser, Harry E 1378 

Bronner, Clarence F 1612 Carlyle, James S 1199 Coates, Washington B.. 1015 

Brooks, Joseph T 857 Carmelite Monastery 1429 Cochrane, Mrs. Aphelia F 756 

Brosius, A. F 1233 Carmichael, Daniel.' 831 Cody. L. R 658 

Broughton. Lem 1629 Carmichael, Neil 827 Coe, Henry W 396 

Brown, Albert S 1337 Carmichael, Mrs. Wm. H. 1008 Coe, Henry Willard 395 

Brown, E. N 436 Carpenter, Dr. H. F 578 Coelho, Alexander Rose . 694 

Brown, Judge Frederick Carper, Samuel H 1281 Collins, Rev. Richard... 1527 

Benjamin 688 Carrey, Albert 1 933 Colombet, Emily J 1108 

Brown, George M 333 Carroll, Thomas .\ 453 Colt, William F 1522 

Brown, James 1617 Carson, James S - 8,37 Compton, A\ 1648 

Brown, Sewall S 1465 Ca.salegno, Thomas and Conant, Ernest W 847 

Browne, Harry E 1627 Henriette Pellier 471 Conrotto, Anselmo 1627 

Brownell, Prof. Elmer E. 767 Casaletto, Laurence G... 1211 Cook, Marion Virgil ... . 1680 

Bryant, Col. D. H 442 Ca.saucau, Michel 1429 Cooley, Charles P 964 

Buckley, George Stephen 1282 Casaurang, Peter and [ean 1157 Coombs, Frank W 7.V 

Burdick, Charles L 1025 Casey, Jeremiah D. .". . . . 472 Cooper, Astley D. M. . . . 676 

liurdick, George B 1517 Casey, Michael 416 Coopers, Edmond 852 



INDEX 

Coopers. Joseph B 852 Davenport. Alervyn A. . . 1258 England, Beverly Allen. . 888 

Coopers, Louis P 852 Davison, Charles' W 878 England, Gus A 1388 

Cordes, Paul H 943 Dean. Charles 1588 Erickson. Andrew L 719 

Cornell, F. E 486 De Carli. Louis Charles. 684 Ernst Brothers 1383 

Corotto, John A 683 De Forest, Albert T 1191 Eschenburg. Rodney 383 

Corpstein. Joseph T 1244 De Lacy, Hugh A 713 Esrey, John 964 

Correa, Frank Silveira. . . 1447 Delmaestro, Edward 1165 Estrade, Mrs. Lizzie 1308 

Costa, George M 1665 Delmue, Ernest 1239 Estrade, Prosper 1308 

Costigan, John H 705 Delyon, Eugene 1159 Evans, Francis Marion.. 705 

Costigan, Robert A 574 De Mattei, Michael 1363 Fahey, John H 581 

Cottle, Ira 687 Denegri, Dismo M 1353 Fancher, Earle C 884 

Cottle, Royal, Sr 411 De Silva, J. P 1550 Faria, J. S 1361 

Cotton, George Douglas. 669 Desimone, Joseph S 1334 Farmers' & Merchants' 

Couch, Thomas 538 Devenpeck, Glenn A.... 1622 National Bank of Moun- 

Coulter, Major William A. 658 Devine, John James 526 tain View 843 

Coupland, Wm. Richard. 1334 Devine, Joseph M 526 Farney, Edmund B 718 

Covert, A. C 1263 Dickinson, John W 1432 Farnsworth, Ralph 1485 

Cox, George W 673 Di Fiore. Angelo 901 Farrell, M 1395 

Cox, Jacob Milan 800 Di Fiore, Domenico 1567 Farrell, Mrs. Maria 1030 

Cox, John 838 Di Fiore, Frank 1154 Farwell, Franklin M. . . . 1199 

Cox, Joseph Emory 955 Dinsmore, Dudley F 1245 Farwell, J. D 936 

Cox, La Fayette 675 Dinsmore, John W., D.D., 1108 Fate, Harold L 1052 

Cox, William 787 Distel, Edward Francis. . 902 Fatjo, Robert A 630 

Crabb, Alexander L 697 Dodds, H. G 1377 Fellom, James Matthew. 496 

Cramer, David Harold. . . 1052 Doerr, Charles 520 Fellom, John A., Sr 761 

Cramer, Joseph L 1233 Doerr, Henry C 1119 Fellows, Edmund L 792 

Crawford, Edward D. . . . 512 Doidge, Mrs. Elizabeth A. 1262 Fernald, Josephine M. . . 914 

Crawford, James N 1 174 Dornberger, Victor 670 Ferreira, Joe J 1443 

Cribari, Fiore 1461 Dowling, Thomas M 1610 Ferrell, James 1079 

Cribari. Paul A 1536 Draper,'^ Wilbur H 1043 Fieger, George W 1505 

Crippen, Carlton Carlvle. 1352 Du Brutz, Anthony G. . . 1239 Fiehmann, George J 1307 

Cross. William J. ...'.. . 1203 Dufour, Charles . .' 1290 Filice, Gennaro 1609 

Crow, Max J 923 Duncan, John F 1333 Finley, Mrs. Louise M. . 1263 

Cunningham, E. M 652 Dunn, James T 1020 First National Bank of 

Cunningham, Joseph C. . 1249 Dunne, Mrs. Catherine. . 818 Los Altos 1188 

Cunningham, Luther ... 598 Dunne, Peter J 804 Fisher, Fiacro Julian 721 

Curry, Benjamin 404 Dutton Brothers 694 Fisher, Henry B 1084 

Curtis. George M 766 Eastman, Edward Ferry. 939 Fisher, Ida M 643 

Curtis, Manly M 1308 Eaton, Ernest C 677 Fitch. Harry H 1321 

Curtner, Alan EUzroth. . 932 Eaton, Louis 1465 Fitts. William L 633 

Curtner, Albert H 1058 Eaton, Ralph W 1400 Fitzgerald, John P 1222 

Curtner, Allen E 581 Eberhard Tanning Co. . . 533 Fitzgerald, Thomas 586 

Curtner, Henry 423 Ebinger, Lewis B 1184 Fitzgerald, Walter G. . . . 586 

Curtner, Lucy Latham.. 424 Economou, William N... 1582 Flindt, Homer Eon 1636 

Curtner, William M 1120 Edwards, Henry William 1158 Flint, Benjamin and 

Gushing, Frank Allen ... 982 Edwards, Leonard P. . . . 1179 William R 504 

Cuthbertson. Sidney M.. 1141 Ehrhorn, Adolph William 591 Foley, WiUiam Edward. 1105 

Cutler, Charles W.'. 684 Ellet, Alfred Washington 1093 Fontaine, Gaston R 1029 

Cutter, John J 1180 Ellet, Charles 755 Forbes, James Alexander 878 

Cutting, Charles D 1621 Ellet, Edward Carpenter. 746 Forbes, Judge James A. . 1554 

Cutting. Dr. James A . . . . 826 Ellis, Edward F 931 Ford, Clifford M 1348 

Da Cruz, Rev. M. A 1489 Ellis, James H 792 Forward, James W 1095 

Daft, Joseph 1650 Ellis, John Edward 1285 Forward, Jas. Wesley ... 874 

Dahlgren. Andrew P. . . . 947 Ellis, Marion E 1257 Foss, Mrs. Sarah A 442 

Daly, Phillip 1160 Elmer, L. H 1117 Foster, Fred Lawrence. . 1486 

Darling, Salma 710 Elmer, Walter M 1212 Fourcade, Susanna W. . . 947 

Darsie, William 752 Emery, Dr. Grenville C. . . 525 Fonts. David P 1076 



INDEX 

Francalanzo, Joseph 1407 Goodrick, Thomas A 1184 Harris, James William.. 729 

Francis, Octave J 1125 Goodwin, C. B 1531 Harrub, Irving E 1630 

Fredericks, Karl R 503 Goodwin, James A 1367 Hart, Alexander J 504 

Free, Hon. Arthur M.. . . 880 Gordon, Harry V 1354 Hart, Leopold 323 

Freelyn, Elias H 574 Gordon, Dr. William D.. 1543 Hart, Orville Benjamin. . 669 

Freeman, Edgar H 796 Gosbey, Hon. Perley F. . 529 Hartley, W. W 545 

Freeman, Lloyd E 836 Gould, James ' 948 Harton, Will Green 1058 

Freitas, John Andrews . . 1396 Graeb, Walter A 1549 Harvey, Harriet Newell. 592 

Freitas, John R 1524 Granander, K. J 1501 Hauk,"john 917 

French, Alden 1165 Gray, George A., M. D. . 1523 Haun, George J 718 

French, Ernest A 1169 Greco, Anthony 1149 Hayes, Everis Anson . . . 320 

French, John H 1524 Greco, Gaspare 1603 Hayes, Mrs. Everis A. . . 530 

Frisbie, Mrs. Geraldine E. 568 Greco, Victor V 1632 Hayes, Hon. Jay Orley. . 324 

Fry, H. Ray 879 Green, Ed. R 1150 Hayes, Mrs. Jay Orley. . 905 

Fuchs, Emil V 1652 Greenley, Joseph Spencer 1540 Hayes-Chvnoweth, Mrs. 

Fullington, Rolla F 953 Griffiths, William 838 , Marv .' 334 

Fulmer, Jacob P 1029 Grim, Ira H 1056 Headen, Dr. Benjamin F. 599 

Funkier, WiUiam 1154 Grimm, George 597 Hedegard, S. N 1558 

Gagliasso, Charles 1090 Grisez, Celestine J 1526 Heilmann, Stephen 768 

Gagliasso, Luigi 1329 Grisez, Rev. John C., S. J. 1489 Heimgartner, William B. 1513 

Gallagher, Alfred D 1 163 Growers Bank 1299 Helwig Lester H 670 

Gallagher, George F. . . . 1163 Gruwell, Charles Lee. . . . 722 Hendy Iron Works 818 

Gallagher, Richard 515 Gruwell, Lawrence C 1481 Hendy, John Harris 784 

Gallagher, William L 1245 Gubser, August 1466 Henkle, R. E 1209 

Gamble, Edwin P 1330 Guglielmoni, S. E 1559 Heney, Richard 1560 

Gardner, Fred H 730 Guglieri, Dr. A. A 892 Henry, William Fiske. . . 765 

Gardner, Walter J 569 Guglieri, Mrs. Adela R. . 892 Herm'le, Andrew 1505 

Gardner, William S 741 Guglieri, Gregory 1501 Herring, S. H .. 1141 

Garrod, David 1106 Gwartney, Mrs. Betty. . . 1481 Herrmann, Charles F. W. 500 

Garrod, Ralph Vince.... 1201 Gwinn, Marion Thomas. 1478 Herrold, Charles David.. 1293 

Gatter, Jacob M. H., Jr. . 1540 Haag. William F 585 Hershey, Chester E 1630 

Gattuccio, Bart, M. D... 890 Haag, Mrs. EHse M 585 Hersman, Hugh Steel... 1184 

Geer, Mrs. Clara A 1563 Haase, Maxwell Benno. . 1202 Hersman, William M. . . . 1433 

Genardini, Charles 1300 Hagelin, John L 1327 Hess, Alexander W., Sr. 1274 

Genovesi Bros., Zapelli & Hageman, Joe 771 Hettinger, Eby Athy 954 

Company 1501 Haight, Clark W 1564 Heyde, John W. Edward 1560 

Geoffroy, August 638 Haley, Edward 11 16 Hevmann, Adolph 1635 

George, Mrs. Amelia D. . 1061 Hall, William Henry. . . . 1286 Hiatt, Frederick Lee. . . . 1114 

George, Manuel F 1490 Haman, Carl Wesley. ... 812 Hiatt, James 1494 

George, Mrs. Mary W. . 1166 Hambly, Francis James. . 1115 Hichborn, Franklin 436 

Gerow, Forest B 1629 Hamilton. George, Sr 371 Hill, Andrew P 355 

Giacomazzi, Edward P.. . 1494 Hamlin, E. C 1204 Hill. Frank D 1543 

Giacomazzi, William F. . 1164 Hammond, Mrs. Martha 1120 Hill, Henrie Granville... 882 

Giardano, Frank 1677 Hancock, Joseph Edward 934 Hill, Henry Tanner 960 

Gibson, L. W 1456 Hanger, Curtis Elden. . . 1083 Hills, Alfred Farlev 1121 

Gifford, Julia A 1102 Hansen, Antone K 1525 Hinsdale, Willian, A. B.. 1636 

Gifford, Loren N 533 Hansen, James 1096 Hirsch, Mrs. Emma 898 

Gillespie, John 1201 Hansen, Knut H 1344 Hinds, Carleton Jay 1677 

Gilroy Public Schools... 1138 Hansen, Mrs. Mary E. . . 1102 Hobson, Benjamin' F. .. . 483 

Giottonini, William 887 Hanson, Floyd A 1261 Hobson, Herman W 1112 

Glans, Oscar E 634 Hanson, George Warren. 832 Hobson, William B 404 

Glennon, Matthew J 1169 Hanson, Mildred P 1051 Hoesch, Judge John M.. 1149 

Gober, Robert P., M. D.. 1460 Hapgood, Frank A 1460 Hogan, Thomas C 890 

Gober, Rev. W. R 1460 Hares, William Lionel. . . 1659 Hogg, Henry C 1095 

Gohranson, Oscar F 1364 Harms, George W 1472 Hogg, Robert L., M. D. . 665 

Goldmann, Edmund, Dr. 1234 Harms, Henry A 1539 Holmes, F. H 1107 

Goodrich, Clifford Byron 1303 Harper, Capt. Richard B. 732 Holthouse, Eberhardt H. 832 



INDEX 

Holthouse, J. Fred 836 Johnson, Nils 519 Lambert, Tom 1358 

Holthouse, Mark H 835 Johnson, Theodore 585 Lande, Rev. William J.. 1339 

Hooper, H 1340 Johnston, William Allen 709 Landon, Peter D 683 

Hoque, Francis M 734 Jones, C. H 717 Lanfri, C 1187 

Hoque, William Francis. 734 Jordheim, Ole 1497 Langford, Arthur Burr 559 

Horn, Mrs. Emily J 917 Joshua Hendy Iron Langford, Robert Jackson 559 

Horstmann, Fred H 1641 Works 818 Lanham, Oscar M 1544 

Houser, Harry A 1543 Juarez, Joseph L 1322 Lannin, Frank T 1212 

Howe, Miss Agnes E. .. . 654 Kammerer, Leroy H 1639 Lapachet, Henry 1680 

Howe, William B 897 Kammerer, Urban A 1250 Larson, Carl A 1554 

Howes, Charles E., Jr. . . 1116 Kasson, Frank 1362 Larson, Charles A 1632 

Howes, Charles Edward. 1115 Kearney, Thomas E 1337 Larson, Fred W 1544 

Howes, Freeman L 1169 Keeble, Edward G 1603 Larson, Lewis 821 

Hoyt, Frank L 1513 Keeble, Richard P 359 Latham, Allen R 1129 

Hubbard, Thos. B...1062, 1118 Keesling, Alva Curtis ... 1057 Lathrop, Charles Gardner 1021 

Hubbard, Albert Lester. . 1062 Keesling, George L 897 Laumeister, Gustav 1683 

Hubbard, Mrs. Sierra N.. 1118 Kelley, Alphonzo M 1040 Laura, Charles E 1647 

Hubbard, Frank 1404 Kelley, Dr. Thomas 1040 Lausten, Brousen P 1472 

Huff, Frank L 1019 Kelly, George Albert. . . . 1204 Lawrence, William H. . . 647 

Huber, Charles H 1679 Kemp, Freeman H . . 14U4 Lawrence, George C 1180 

Huff, James A 1065 Kendall, E. F 467 Leaman, James B 862 

Hughes, John 563 Kendall, Mrs. Letitia Learnard, Tracy 1328 

Hultberg, Nels 1240 Pearl Snyder 464 LeDeit, George H 1169 

Hunt, Charles A 1490 Kennedy, James C 612 LeDeit, Sylvain 1133 

Hunt, Harold G 1245 Kennedy, James K 1304 Lee, H. Irving 1665 

Hunter, Frank A 1122 Kennedy, Karl F 1486 Lee, Professor Robert A. 651 

Husted, Ralph Allen. . . . 1213 Kennedy, Mark E 1157 Leib, Frank A 726 

Hutton, Hiram Coye. ... 1170 Kenyon, Frank 529 Leib, S. F 316 

Hutton, Warner 515 Kenyon, James Monroe . 1399 Leitch, Edwin H 657 

Huxtable, Frederick J. . . 1575 Kerr, Henry M 853 Leiter, Jeremiah 714 

Ingels, Bruce 924 Kerwin, John B 597 Leland, Raymond Barrett 1380 

Ingleson, Mrs. Robert S. 706 Kerwin, Thomas 597 Lener, Mrs. Kaspar 1502 

Interurban Sanitarium .. 1563 Kesling, Earl E 1485 Lenfest, Lee R 1407 

Irwin, Samuel J 877 Ketchum, Otto L 1164 Lepesh, Andrew P 1334 

Isaacson, Herman 1214 Kidder, George S 1265 Lester, Amos 634 

Isasca, Vincent 1295 Kidwell, James Milton. . 902 Lester, Charles C 865 

Jackson, Jonathan F . . . . 922 Kirk, Bert T 883 Lester, Fred E 1022 

Jackson, Roy 1 1548 Kirk, Mrs. Louise G. . . . 648 Lester, Henry W 905 

Jacobs, Sol 1071 Kirk, Theophilus 379 Lester, Nathan L 568 

James, D. W 1462 Kissinger, Henry 1684 Lester, Mrs. Sarah E.. . . 431 

James, William Henry . . 1225 Klotz, Christian M 1493 Lester, WiUiam Walter. . 568 

January, Wm. A 1687 Knoeppel, Matthias 1039 Le Suer, Frank A 147.5 

Jemm, Otto F 1611 Knoles, Tully Cleon, D.D. 511 Levin, George A 519 

Jennings, W. W. and Mrs. Knowles, Frank W., M.D. 852 Lewis, George R 1587 

Ella Lords 485 Knowles, Homer 476 Lewis, Harry C 1261 

Jensen, Anton M 1277 Koch, Valentine 891 Liddicoat, George 1143 

Jepsen, Andrew H 692 Koehle, I. J 1373 Liddicoat, William 1143 

Jepsen, Mathias P 1339 Kohner, Ignatz 857 Lidley, Will George 1587 

Jessen, Conrad 1659 Kopp, Henry Louis 1477 Lieber, Louis 633 

Joaquin, Joe 1666 Krause, Herman B 1213 Lietz, Charles F 629 

Johanson, Carl A 1591 Krieg, Henrietta Rehor. . 854 Lightston, James Louis. . 360 

Johnson, Emil A 1610 Kyle, S. Clyde 1469 Liljenstein, Gustaf M. . . . 1459 

Johnson, Frank A 955 Lacerda, John P 1642 Lindholm, Carl 1417 

Johnson, Frank W 1312 Lacoste, G 1493 Linehan, Peter L 549 

Johnson, Harry 1160 Ladarre, Firmin 1273 Linquist, F. A 1647 

Johnson, Herschel 1482 Laffey, James A 858 Lion, Ernest P 1065 

Johnson, Mrs. Myrtle W. 955 Lake. French W 1585 Lion. Gustave F 767 



INDEX 

Lion, Lazard 766 Martin, Rev. Thomas R.. Miller, Frank J 1158 

Live Oak Union High S. J 1143 Miller, Mrs. Grace C. . . . 1101 

School 1318 Mathews, A. H 1354 Miller, Hale Rov 1351 

Lobdell, Frank H 1364 Mathews, Henry D 873 Miller, Harley B 1221 

Locicero, Nicholas 1635 Mathewson, John A 1497 Miller, Henry 351 

Locurto, John R 503 Matracia, Alexander .... 1547 Miller, Judge T. H 1026 

Logue, James 843 Matteis, Mrs. Cattherina Millich, Frank 1684 

Loproto, Joseph 1618 Geraiid 1160 Mills, Arthur 1505 

Lord, Major William A. 1558 Matteis. Joseph 1160 Mills, Ora P 1044 

Lords, John M 677 Matty, Antoine 887 Milne, Alexander 935 

Lords, Walden 485 Mayhew, Dr. Arthur B. . 764 Mineo, Henry A 1659 

Lorigan, Charles M 1048 Maynard, Edmund W. . . 807 Minter, Henry C 1474 

Lorigan. Judge Wm. G.. . 1089 Mayock, Stonewall J. . . . 416 Miss Harker's School. . . 764 

Losse, Austin N 662 Maze, Edward Record. . . 989 Moe, Arthur 1432 

Losse, H. E 662 Maze, Spencer Morrow. . 438 Moenning, Milton G 1640 

Losse, Weir C 1604 McArthur, Robert A 554 Monahan, Thomas 1240 

Lovell, John A 624 McBain, John 567 Monier, L. A 1348 

Lowe, Sam B 733 McCarron, Andrew J 1425 Montezuma Mountain 

Loyst, Andrew 1 998 McCarthy, John R 729 School for Boys 1269 

Loyst, Maria Cox 611 McCarthy, Richard 600 Montgomery, Alexander. 554 

Lund, H. J 1125 McCarty, John E 1615 Montmayeur, Pierre 1015 

Lundin, Theodore C 1113 McCauley, James F 1076 Montoya, Antonio 411 

Lundy, David H 1383 McChesney, James Roger 1510 Montoya, Manuel 1218 

Lunsford, Lewis M 1426 McCline, George E 848 Mood}', David Bacon. . . . 771 

Luscher, Ferdinand 1548 McComas, Henry W. . . . 1374 Moore, Samuel T 918 

Luther, Don Walter 387 McCombs, W. C 1670 Morell, George F 976 

Luther, Jacob 638 McCracken, Mrs. Eliza- Morgin, Ned B 1647 

Lutter, Clarence A 1311 beth 435 Morrell, Albert E 1094 

Lyie, George W 858 McCurdy, V. T 1316 Morris, Theodore John. . 1214 

Lyndon, James H 403 McDaniel. Wilfred A. . . . 1217 Morrison & Wallace. . . . 1470 

Lyndon, John W 800 McDonald, Archie 400 Morton, Ada Scott, M. D. 1080 

Mabury, Howard Irvin. . 853 McDonald, James A 495 Mossi, John 1084 

Macabee, Z. A 1289 McGinnis, James Sumner 523 Muir, Chas. H 1600 

Macaulay, John W 891 McGrath. Daniel J 879 Muir, Ray 1159 

Macdonald, Hugh 731 McGrath, Eugene "0 725 Mulcahv, Matthew F 1444 

Machado, Frank A 1521 McGrurv, Warren J 1422 Mule. Charles 1363 

Machado, Frank R 1492 McHenry, Francis J 1173 Mullen, Edward H 1465 

Machado, Manuel A 1418 McKee, Edson 1437 Mullen, William Henry. 1294 

MacLeod, Mrs. Elizabeth 628 McKee, George Butter- Murgotten, Alexander P. 345 

Madsen, H. Chris 1656 field 419 Murphy, Bernard D 997 

Magee, John Lafayette. . 734 McKee, Hubbard 577 Murphy, Martin 908 

Magee, Robert Bruce. 1422 McKenzie. Michael 1616 Mur])hy, Patrick 1109 

Ma.o-o-ini, Plin .. 537 McKeown, Daniel Linden 1179 Murrin, James 637 

Maher Thomas 861 McLachlan, Duncan P... 1153 Musso, Fred G 1129 

Main W H 1585 McMurtry, George S 998 Narvaez, Miguel H 1669 

AT^- ' „■ "Ail' T 1 mi Mederios, Justino 1502 Nash, Lyle R 1134 

Maisonneuve, AlphonseJ. 1403 ^.^ , V i /^ tt^ m ....• t t a^o 

.r , . , ^. ' ■' ,,„^ Menker, John C 376 Nattmger, Lyman L 468 

Malatesta, Giacomo .... 1606 ,r , rr t, . ^^ t^ mz; tvt i ^ r-u i r^ von 

-, „r, , ,. , .^^ Menton, Hubert O. F. . . 596 Navlet, Charles C 720 

Mancuso, 1 heodore M. . . 1656 ^j^^^ju^ Richard J 1315 Neilsen, Neils Adler .... 1414 

Mangmn Bros 1368 Merrill, Walter 1., M.D.. 1622 Nelsen, Peter 1112 

Manotti, Luigi M 1609 Merriman, Mrs. Isabelle. 956 Nelson, Alfred R 1480 

Martella, Giacomo 1322 Merritt, James C 725 Nelson, Gustave 468 

Marten, John S 1535 Meyer, Albert M 1493 Nelson, John W 1526 

Martin, Elizabeth H 346 Meyer, Emil 1111 Nelson, Nick 1426 

Martin, Julius 346 Meyer, Peter H 1473 Newell, Edward, M. D. . . 1448 

Martin, P. J 1581 Michel, John J 1396 Newman Hall 889 

Martin, Samuel 1126 Millard, Byron 901 Nichols, Charles L 1357 



INDEX 

Nichols, John Henry 1539 Page, George W 997 Pitman, William Ward. . 1270 

Nichols', Thomas Benton 959 Palo Alto Public Library 909 Pisturino, Sam 1312 

Nichols', Valentine David 666 Pancera, John 698 Place, Elvert Ernest 1660 

Nichols] Walter Ham- Panighetti, Carlo 1088 Plank, Mrs. Melinda C. . 1043 

mond' 967 Panighetti, Silvestro ... 1559 Polhemus, George Bissell 365 

Nicholson, George A 1527 Parker, Charles 1422 Polhemus, Edward R 1130 

Nicholson' George E 996 Parker, Major Lewis F. . 592 Poli, Luigi 1560 

Nielsen, Anton T 1338 Parkhurst, Mrs. Ella S.. 1025 Pomeroy, Irwin Edgar.. 564 

Nielsen', Niels Nicholas. 537 Parkinson, J. F 427 Pomeroy, Marshall 534 

Nightingill, Frank W. . . 960 Parkman, H. L 932 Pomeroy, Warren H 935 

Nippon Mura Inn 1214 Parks, William W 585 Pogue, John Fawcett 1448 

Nixon, John William 399 Parlier, Charles Allen... 1514 Portalupi, Evasio 1299 

Nommensen, E 1307 Parton, Floyd A 1509 Porter, Rev. A. W. Noel 664 

Norton, Evered H 1679 Pasetta, Mateo J 1418 Porter, William R 786 

North, Mile J 1612 Pashote, Joaquin J 1592 Post, Alfred Breed 991 

NotreDame College 1643 Passantino, Francisco ... 1330 Post, William 1266 

Noyer, Joseph F 1663 Passelli, Steve 1391 Poston, Emory E 1622 

Nuttm'an, Aloysius W. . . 1636 Patchell, Robert K 991 Power, Edward C 643 

Oberg, Isaac 1066 Patterson. Steve 1641 Poulsen, Jacobi 1371 

O'Brien, Jeremiah J 1481 Paul, DePhonzo Gibson. 524 Pourroy, Eloi 1270 

O'Brien, Michael 1353 Pavlicevich, John 1656 Pourroy, Pierre C 1174 

O'Connell, Albert F 995 Payne, George C 1664 Priest, Milo Ray 1528 

O'Connell Bros, Inc 936 Payne, James Fred 913 Princevalle, James 931 

O'Connell, Charles T. . . . 992 Peacock, Walter R 701 Provenzano, Joseph C. . . 1596 

O'Connell, Elmer S 963 Peard, John James 1444 Prudhomme, Philippe ... 992 

O'Connell, Frank J 975 Pearson, Charles 1599 Prussia, Willard L 679 

O'Connell, G. Daniel. ... 996 Pearson, Charles A 1599 Puccinelli, Romolo L 1628 

O'Connell, Thomas 710 Peckham, James B 1536 Purviance, Mrs. Elmyra. 1673 

O'Connor, Percy 968 Pedgrift, Sam 1547 Puterbaugh, George E. . . 1482 

O'Connor, Hon. M. P... 654 Peirano, Giacomo 1026 Radtke, William 1357 

O'Connor Sanitarium ... 657 Pennington, John R 1246 Raggett, Martin 1497 

Ogier, James Lee 1451 Perkins, James Elwin. . . 1509 Raggio, George 1595 

O'Hara, Rev. Father Pat- Perone, Charles 1273 Rainey, Prof. Joseph W.. 874 

rick J 1002 Perrone, Osea 1567 Rainwater, Julius H 1438 

O'Keefe, Frank H 1170 Peter, Fred 1674 Rambo, Wliliam Taylor. 1372 

Oldham, Louis F 1137 Petersen, Peter J 1456 Ramsay, William 1517 

Olsen, Andrew 1576 Peterson, Fred L 1001 Randall, Laurence G. . . . 825 

Olsson-Seffer, R. M 1461 Peterson, Peter J 1471 Ransom, Joel W 1377 

Oneal, Louis 1358 Peterson, Mrs. Lillian J. 1001 Rasmussen. Chris 1130 

O'Neil, Robert K 877 Pettit, E. T 489 Rathbun, F 1611 

Orr, Horatio W 545 Pfister, Henry A 366 Rawlings, George S 526 

Ortley, William B 837 PhiUips, Clarence E 1575 Rawlings, John A 879 

Osborne, A. E., M. D. . . 570 Phillips, Frank 1347 Raymond, Daniel 679 

Osmer, George 678 Phillips, Dr. La Forest E. 990 Redwine, Claude 538 

Ostenberg, Pontus 1040 Phillips, William C 1421 Reed, Charles C, Jr 1491 

Osterman, Fred W 973 Picchetti. Attilio 1642 Reed, Charles Pennelland 

Otter. Hugo W 1211 Picchetti Bros 1596 Alice H 1434 

Ousley. Samuel M 407 Pieper. Mrs. Adele E. . . . 412 Reeve. Earl 1603 

Overfelt. Charles F 511 Pieper. Ernest 1217 Regnart. Herbert William 1096 

Overfelt. Mrs. Marv 387 Pieper, John H 412 Regnart. Robert Edouard 1119 

Overfelt. William C 384 Pierce, Charles H 990 Reid, John G 1539 

Owsley. Edgar H 1571 Pierce. James H 341 Renaud. Mrs. Elise 1321 

Pacific Manufacturing Pierce, James Pieronnet. 341 Rengstorff, Henry 383 

Company 910 Pike, Jonathan 1674 Rengstorff, Henry A 824 

Pacific Press Publishing Pitman, Cornelius Y 520 Reseburg, William H.. . . 1408 

Association 714 Pitman, James M 799 Re.xworthy, H. S 1384 

Page, Capt. Walter A. . . 1213 Pitman, Marion 963 Reynolds, James M 827 



INDEX 

Rhoades, William G 1452 Ryan, George W 1443 Sherman, F. A 731 

Rianda, Antonio 981 Sabatte, Peter 1304 Shore, L. H 1586 

Ribble, Charles C 1075 Saich, Anton 523 Short, James 1387 

Ricard, Father Jerome Sainsevain, Paul C 775 Sigle, M. E 1523 

Sextus, S. J 742 Saleeby, Elijah M 1044 Silliman, John C., M. D.. 719 

Rice, Burl E 1311 Sampson, Leslie E 1605 Silva, Domingos A 1490 

Rice, John A., D. D. S. . . . 954 Sanders, Forrest D 662 Silva, Manuel S 1433 

Rice, William A 1605 Sanders, Stephen Poole. . 586 Silveira, Joaquin J 627 

Richard, Louis M 889 San Jose Abstract & Title Silver, Harry .' . . . 1617 

Richards, Dr. Charles M. 898 Insurance Company... 1378 Simmons, John Joseph.. 1367 

Richards, John Evan 315 San Jose Mercury-Herald 982 Simon, Joseph V 1618 

Richardson, Owen Dale. . 1374 Sanor, William J 1616 Simpson, William, M. D. 496 

Richman, John W 1581 Saunders. Stephen M. .. . 1254 sino-letary Emory C 940 

Richmond, Cedric Rae. . . 1217 Savage. Granville L 515 Sin^letary', Emory G... ". 438 

Richmond, Edmund N. . . 553 Savstrom, Charles 1203 sin^letary' Georo-e C 441 

Richter, P. Hermann H. 617 Sawyer, Eugene T 372 gj^^^^^^ Patrick^B. . '. '. '. '. 956 

Ridley, LaFayette 1347 Scaglione, Louis A 1678 c:„_. -p.-j 141 -5 

Riggs, Wliam Ashley.. 1544 Scagliotti. Ed. 1600 skin'ner, Charles' C. ::::'. ! 1615 

Righter, Francis Marion. 1144 Scagliotti, Emilio 1606 ci • u t -sr z;-?? 

„.? ,U.„. T- ICC o 1 u 1 TVT T- ijT- Slavich, Lorenzo V 673 

Riker, William E 155o Scherrebeck, Mary E. . . . 133/ „i r^ ^I7■ ■, Avn 

Riordan, Thomas J 1539 Schilling, F. A. 578 Slocum. George W 479 

Rispaud, Jules Emile. . . . 1087 Schilling. Herbert Emile 553 ^'"l"''^' , ,°"'? ^ !^v^ 

Rispaud, Mrs. Renee. . . . 1300 Schirle. Anton & Sons. . . 676 T" ,' ^,, ^'^ t^ii 

Roberts, George 701 Schlaudt. Edward and Smith, Char es 1106 

Roberts, Herbert L 1462 Augusta 564 Smith, Charles R 1506 

Roberts, W. K 542 Schmidt, Emil 1414 Smith, Francis 612 

Robertson, Charles D.. . . 604 Schmidt, H. C 1154 Smith, Fred B 1150 

Robertson, Edward C. . . 1379 Schmitt, Michael 1652 Smith, George F 618 

Robertson, Richard Felix 560 Schoenheit, Augustus A. 1087 Smith, Harry Ellsworth. 1226 

Robidoux, Wilfrid F 680 Schroeder, J. H. C 1479 Smith, James 1277 

Robinson, Arthur J 1578 Schubert, Adolph V 1218 Smith. John 837 

Robinson, Henry 1578 Schuh, William 1540 Smith, Olando J 549 

Robinson, Perry W 400 Schulz, John 1195 Smith, P. Milton 1109 

Robinson, Robert S 1199 Schutte, Anthony 1640 Smith, Rebecca Crites.. 612 

Rocliffe, Chas. Robert... 1115 Sciarrino, Samuel 1522 Smith, Stanley Bassett. . 1134 

Roche, M. J 1166 Scofield, F. Ned 1568 Smith, Thomas E 1218 

Rodeck, S. G 768 Scorsur, Benjamin 1644 Snell, Ralph L 608 

Rodoni, John 1563 Scorsur, John 1665 Snitjer, Fannie Bonney. . 868 

Roessler, John Robert. . . 1008 Scorsur, Nick 1478 Snow, Irving Walter.'. . . 1138 

Rogers, Josephine Rand. 388 Scorsur, Steve 1472 Snyder, Arthur J 824 

Rogers, R. Nella 913 Scott, Robert 733 Snyder, John 791 

Roil, John 866 Scale, Alfred 972 Soares, Francisco P 1392 

Roller, Arthur 1460 Searl, Garner R 1367 Sobey, Mrs. E. J 1563 

Roller & Hapgood 1460 Seely, George B 1210 Solari' Victor A 1387 

Ronecker, Charles J 1431 Selby, Mrs. John S 483 Sonnichsen, L. H 1447 

Rose, Joseph F 1514 Selby, William H 706 Sontheimer, Urban A. '. '. '. 653 

Rose, Mrs. Rosie G 138/ Sequeira, M. T 1434 Soper, Darwin J 826 

Rucker, Joseph E //6 ggrpa, WiUiam F 1133 Sourisseau, Felix 948 

5"'', ^'u-^Ti? 1A97 Sex, James Patrick 702 South, Charles D 541 



Rudolph, Allen 1627 

Rudolph, Paul 891 



Shannon, John. Francis. . 883 Souza, M. M 599 

RusseTl "'Andrew ."".'!. ^ 1016 Shaw, Elton Randall 1222 Spalding, Hon. C. C 380 

Russell', Lawrence '.'.'.'.'.'. 500 Shaw. James G 693 Spargur, C. G 1438 

Russo, Joseph 1535 Sheehy, Phillip G 862 Speciale, Orvis H 1652 

Russo, Nicholas H 1617 Sheldon, Stephen White. 927 Spencer, James A 1021 

Rust, Charles W 1253 Shelley, Sivert H 674 Spooner, D. Rutledge. . . 1631 

Ryan, Fred S., M. D 1258 Shepherd, James W 1101 Spring, Thaddeus W 372 



INDEX 

Squire, Charles H 1373 Sutherland, J. C 611 Vandervoort, Irving P.. . . 989 

Squires, Leiand J 1506 Sutherland, William ... 366 Van Lone, Walter Allen 1126 

Stagg, John C. F 637 Svilich, John 1438 Van Orden, Richard P.. . 1226 

Stanfield, James J 800 Sweatt, William E 823 Vargas Bros 546 

Stanfield, John Harold. . 947 Syer, Robert S 573 Vath, Charles J 1121 

Stanfield, John J 1061 Talbert, Edith Leach... 628 Vatuone, Romeo F 1621 

Stanford Bank 985 Talbott, Mrs. Alice Lee. . 906 Vaughan, Patrick Eugene 1222 

Stanford, Mrs. Jane L. . . 330 Talia, Peter 1492 Vedova, John D 1522 

Stanford, Leiand 327 Tallmon, George W 1395 Volkers, Arthur W 1531 

Stanford University Tanner, A. E 1347 Volkers, Mrs. Delia 1047 

Library 779 Tarleton, George Eber. . 1612 Von Dorsten, Frank A.. . 1079 

Stanquist, Victor 1196 Tatham, Jefferson 1221 Wade, Sylvanus Raynor. 1296 

Stanley, Harold J 1126 Taylor, John 1616 Wagner, Anton 884 

Stapp, Jerome V 881 Taylor, William Dennis. 1107 Wagner Brothers 1640 

Stau, Henry C 1188 Teed, John E 1137 Wagner. John Jacob. ... 1117 

Staub, J. Samuel, M. D. . 604 Teixeira, A. J 1663 Wakefield, Leiand Henry 1525 

Stebbins, C. L 1547 Templeman, Arthur W.. . 1328 Walker, George E 1610 

Stevens, Burt 597 Templeton, William S... 618 Walker, Hon. George S.. 688 

Stevens, Charles 1617 Teresi, Antonio 1625 Walker, William S 688 

Stevens, Marcus H 1343 Teresi, Joseph A 1480 Walker, J. M. Church... 1477 

Stevens, Orvis 597 Thayer, James W., M.D. 971 Walker, Leiand H 1225 

Stewart, Frank W 591 Thiel, Charles 1606 Walker, Robert 981 

Stewart, Ronald G 1115 Thom, James A 1273 Wallace, John Lindsley. . 1030 

Stewart, Rufus E 1399 Thomas, C. H 1153 Walsh, Walter 963 

Stewart, William D 811 Thomas, Clayton R 761 Walter, Henry C 812 

St. John, Mrs. Lucy A. . 847 Thomas, Jerome B., M. D. 1451 Waltz, Howard S 1084 

St. Joseph's High School 1142 Thomas, Massey .. .. 432 Waterman, Clarence H.. 1641 

Stillens, Marion A 1480 Thomas, Marshal E.. ... . 1577 Watson, Mrs. Elizabeth 

Stillwell, Joseph Charles 1230 Thomas, Wendell C 1647 Lowe 928 

Stillwell, Joseph M 485 Thompson, Joseph A.. . . 1239 Ward, Alvin Ryland 921 

Stock, Frank 854 Thompson, Mrs. Mary W. 763 Ward, J. Parmelee 1200 

Stock, Peter 862 Thompson, William J.... 1249 Ward, Mr. & Mrs. Will- 

Stocklmeier, Mathias . . . 1452 Thorp, John C 721 iam B 458 

Stockton, Herbert 1559 Tomkin, Alfred Forbes.. 1557 AVashburn, Arthur H.... 1192 

Stolte, Captain F 1684 Tomkin, Dr. Alfred Royce 986 Weaver, A. M 1648 

Stone, Edward Bruce... 722 Tomlinson, Warren G... 1179 Weaver, Edward M 675 

Stone, Vincent B 1587 Tompkins, Samuel G 973 Webster, Eugene D 1056 

Stoppelworth, Edward J. 1230 Tonini, Pasquale 1678 Webster, Thornton Delos 1071 

Stough, John William. . . 697 Tonkin, John 1343 Weeks, Charles 1005 

Stout, Daniel W 890 Topham, Mrs. Hattie E.. 808 Wehner, Fred W 844 

Strandberg, John W 817 Trimble, William Edward 1343 Welch, Hon. James R... 1057 

Stralla, Madeline 1588 Tripp, Herbert R 623 Weller, Hon. Joseph R.. 1011 

Strickland, Charles E... 828 Truck & Tractor Service Weltz, George C 1592 

Strickland, Erve C 867 Company 1612 Wemple, Emerson H 1229 

Studer, Fred F 1230 Turner, James 889 Western Industries Co.. . 1489 

Stull, Robert J 1371 Turner, George Webster. 1105 Weston, Mrs." Abbie M.. 989 

Stura, G. C 1173 Tuttle, Carl F 881 Weston, Benjamin Frank 989 

Sturla, Angelo 1578 Tuttle, Hiram D 1233 Wheeler, Almon 924 

Sturla, John, Sr 1479 Umbarger, Austin F 811 Whisler, Rev. George H. 763 

Suess, R. C 1278 Ucovich, Mitchell, Nick, White, George C. . ."^ 1477 

Sullivan, John W 472 and Peter 1361 White, John E 927 

Summers, Robert 1180 University of Santa Clara 1571 White, Mrs. Margaret. . . 375 

Sund, Herman 1090 Valpey, Horatio B 450 White, Mrs. Mary A.... 342 

Sutherland, Mrs. Eliza A. 360 Van Dalsem, H. C 449 White, Thomas F 943 

Sutherland, James 360 Van Dalsem, Louis J 449 Whitehurst, Logan L 934 



INDEX 



Whitehurst, William A.. 


1455 


Whitman, Chauncey H.. 


741 


Whitney, Hamilton C... 


738 


Wight David 


1048 


Wightman, P. R 


807 


Wilbur, Ray Lyman . . . 


785 


Wilcox, Elbert Joseph. . 


415 


Wilcox, Frank A 


779 


Wilcox, Frank C 


564 


Wilcox, Hon. Isaiah A.. 


775 


Wilcox, Irwin Miles 


489 


Wildhagen, F. G 


1625 


Wilkes, Mrs. Ollie M... 


975 


Williams, Albert Edwarc 


573 


Williams, Augustus Clai 


573 


Williams, Amos Otis. . . 


1536 


Williams, Edson H. anc 




Robert D 


1618 


Williams, Edward Nobk 


1090 


Williams. John S 


1264 



Williams, Thomas M. 

M. D...: 

Willson, Carlon R 

Willson, Frank Chapman 
Willson, Frederick C. ... 

Willson. George A 

Wilson. Doxey R.. M.D. 
Wilson, Miss Emily S.... 

Wilson, Ernest 

Wilson, Horace 

Wilson, James 

Wilson, Robert 

Wilson, William A 

Wilson, William R 

Winkless, L. W., Jr 

Witten, Charles L 

Wolf, Joseph.. 

Wolfe, George C 

Wolfe, Levi W 

Wolff, William A 

Wood, Dallas E 

Wood, George A 



Wood, Uriah 822 

1474 Wood, Walter H 907 

835 Woodrow, William L. ... 457 

921 Woodworth, Thomas J.. 1192 

1528 Worrall, George H.. M. D. 1330 

1688 \\'orthen. George W 453 

1130 Wright. Dr. Henry J. B.. 415 

933 Wright, James Richard.. 923 

1244 WVatt, Roscoe D 1531 

1262 Yerkes, Ostrum H 595 

1034 Yocco, Edward Clement. 1498 

1625 Young, Col. Carl T 1282 

1421 Young, Walter 1 1281 

1295 Zakis, Peter John 1498 

1648 Zarevich, Antone 1649 

882 Zarevich, Nickolas 1650 

1400 Zaro. Stephen D 1691 

1327 Zeiro, Captain Egidio G. 653 

1333 Zastrow, Minnie B 1307 

1527 Zeller, John B 1655 

974 Zickendrath, Ernest C. . . 1455 

1663 Zollars, John M 1605 



History 



CHAPTER I. 



Unrivaled Climate and Situation — Story of the Early Days — The Founding 
and Growth of the Missions — Founding of San Jose — Secularization of 
the Missions — Life on the Early Ranches — Early Government — The First 
Americans — The lU-Fated Donner Party. 



THERE is no county in California so rich 
in material, romantic, progressive and 
adventurous, as the County of Santa 
Clara. It absorbs about the whole of the Santa 
Clara Valley, rightly proclaimed the richest 
valley in the state, and in respect of size, the 
richest in the world. It is located at the south- 
ern end of San Francisco Bay and the county, 
itself, embraces 1355 square miles. 

The climate is famed for its evenness and 
salubrity. The Mt. Hamilton Range on the 
east and the Santa Cruz Mountains on the 
west protect the valley from the heat of the 
San Joaquin plains and direct coast influences. 
The Bay has a modifying effect, its cool 
breezes which sweep through the valley, mak- 
ing the summers cooler and the winters 
warmer. The mean summer temperature is 
seventy-five degrees ; winter, about si.xty de- 
grees. The average rainfall is sixteen inches 
for the valley and nearly twice that amount 
for the mountains. There is an alternation of 
storm and sunshine between October and May. 
During this period there are from thirty to 
forty days in which more or less rain falls ; 
from sixty to seventy that are cloudy ; the rest 
are bright and pleasant. These estimates vary 
with particular seasons, but taking the aver- 
age of a series of years, it will be found that 
from October to May one-half the days are 
cloudless and fully three-fourths such that 
any outdoor vocation can be carried on with- 
out discomfort or inconvenience. 

Cyclones and terrific windstorms are un- 
known and thunder is heard only at rare in- 
tervals. With the month of March the rains 
are practically over though showers are ex- 
pected and hoped for in April. Summarizing, 
it may be said that in any part of the year, 
days too hot or too cold for the comfort of 
those engaged in ordinary occupations are 
rare. It may be added that the fears and fore- 
Ixidings with which the seasons are elsewhere 
greeted, are here unheard of. Coming with no 
rigors, they bring no terrors and are alike wel- 
comed as a change. In these conditions health 
and comfort are largely subserved and also in 



them the great horticultural possibilities, and 
these, the elements of present and prospective 
prosperity, are as constant as the ocean cur- 
rents in which they have their origin, as 
permanent as the mountain ranges which 
bound the field of their e.xhil^ition. 

Santa Clara County is the banner fruit sec- 
tion of the state. In 1919 there were 98,152 
acres planted in fruit trees and 2,850 acres in 
vines. The total acreage of cereals, vegetables 
and berries was 86,695 acres. The livestock 
numbered 62,248; value $1,288,175. It is the 
prune center of America. More prunes are 
raised in the valley than are raised in the 
whole United States outside. In 1919 the or- 
chardists of the county received $45,000,000 
from the product of their trees. This was ir- 
respective of the money received from the 
packers and canners. In the season ending in 
the winter of 1919 the Southern Pacific Rail- 
way handled about 153,000,000 pounds of 
prunes in the territory between Hollister and 
San Francisco. The crop was by far the larg- 
est ever raised in the Santa Clara Valley. In 
1921 the canneries of the valley paid out 
nearly $50,000,000 for orchard products. 

Though called the "garden spot of Califor- 
nia," this phrase should not be interpreted to 
make gardening more important than fruit 
raising, for fruit raising is the prime industry. 
Tim'ber, cattle raising, dairying and sundry in- 
dustries have pla}'ed and still play an import- 
ant part in the business life of the population, 
though the days of wheat raising, grazing and 
timber culture are passing rapidly. Lands so 
fertile and so adaptable to fruits and vege- 
tables cannot, in a section that is being rapidly 
populated, be given over to any industry other 
than one that is intensive. Within the limits 
of the county there is practically no waste 
land. It is interesting to bear in mind that 
much of the poorer and rougher land com- 
pares more than favorably with some of the 
best acreage in the Eastern states. 

A graphic and beautiful picture of the valley 
appeared in the April (1920) issue of the 



36 



HISTORY OF SANTA CLARA COUNTY 



bv the aged priest in a solemn and impressive 
manner. On that day he held his confirmation. 
Founding of San Jose 
Don Felipe de Neve, the third Spanish gov- 
ernor of California, was in office from Decem- 
ber 1774 to September, 1782. On June 3, 17/7, 
he 'suggested to the central government in 
Mexico the establishment of three settlements, 
one of them being on the banks of the Guada- 
lupe River, seventv-eight miles from Monte- 
rey fortv-eight from the presidio at San Fran- 
cisco and two and a quarter miles from the 
Mission of Santa Clara. At that time. Lieu- 
tenant Don Jose de Moraga, commanding at 
San Francisco, was directed to detach nine 
soldiers of know^n agricultural skill, two set- 
tlers and three laborers to form a settlement 
on the margin of the Guadalupe, which they 
elTected on November 29, 1777. The name 
thev gave it was San Jose de Guadalupe, the 
app'roval from Spain being dated March 6, 
1789. 

On December 24. 1782, Lieutenant :\Ioraga 
was directed to partition off the land to the 
settlers, a dutv he effected between the thir- 
teenth and nineteenth of May, 1783, the recip- 
ients of the land being Ignacio Archeluta, 
Manuel Gonzales. Jose Tiburcio Vasquez, 
Alanuel Amesquita, Antonio Romero, Ber- 
nardo Resales, Francisco Avila, Sebastian Al- 
vitre and Claudio Alvires. 

The first location was made nearly a mile 
and a quarter from the center of the present 
city of San Jose, about where a bridge spanned 
a little stream on the road to Alviso. The 
ground was too low at this point and the first 
settlers were the victims of yearly recurring 
floods and thieving Indians ; therefore, permis- 
sion was asked to remove to higher land and 
a more advantageous site. It takes long, how- 
ever, to move the wheels of official machinery. 
In the vear 1785, the question of the transfer 
was mooted, but it was not until 1797 that 
the removal was accomplished — the center of 
the new site being near the corner of Market 
and San Fernando streets. 

Captain Vancouver, who visited Santa Clara 
Valley in 1792. thus describes it: "We con- 
sidere'd our course from San Francisco parallel 
to the sea coast, between which and our path 
the ridge of mountains extended to the south- 
eastward. As we advanced, their sides and 
summits exhibited a high degree of fertility, 
interspersed with copses of various forms and 
magnitudinous and verdant open spaces en- 
circled with stately fruit trees of various de- 
scriptions. About noon we arrived at a very 
pleasant and enchanting lawn, situated amid 
a grove of trees at the foot of a small hill, 
by which flowed a very fine stream of excellent 



water. We had not proceeded far from this 
delightful spot when we entered a country I 
little expected to find in these regions. For 
almost twenty miles it could be compared to 
a park which had originally been planted with 
true old English oak. The underwood, which 
had probably attained its early growth, had 
the appearance of having been cleared away 
and had left the stately lords of the forest in 
complete possession of the soil, which was 
ciivered with magnificent foliage and beau- 
tifulK- dixersifiuil with pleasing eminences and 
valleys, which, with the lofty ranges of moun- 
tains, that bounded the prospect, required only 
to he adorned with neat habitations of an in- 
dustrious people to produce a scene not in- 
ferior to the most studied effect of taste in 
the disposal of grounds." 

Frederic Hall, a pioneer lawyer of San 
Jose, says in his history that nearly all the 
Indians in the region described by Captain 
Vancouver were in the habit of visiting the 
hill on which the New Almaden mine was first 
opened and worked to obtain the red paint 
to adorn their faces and bodies. The cinna- 
bar is of a reddish hue, and easily produces a 
red pigment when moistened and rubbed. 
While the color of the pigment was pleasing 
to the eyes of the Indians its effect on their 
system was by no means agreeable. It sali- 
vated them — a result as mysterious and unex- 
plainable to them as the setting of the sun. 
Although a little painful, they seemed to for- 
get their illness as they witnessed the lustre 
of their skins, for they were as resolute in 
their pride of dress as the proud damsel groan- 
ing in tight corsets and tight shoes. 

The Alameda, that renowned avenue that 
links San Jose with Santa Clara, is known 
and admired the world over. The planting 
of the trees was started in 1799 by Father 
Maguin de Catala, for the benefit of the way- 
farer journeying between the two towns. 
Two hundred Indians were employed to do 
the work. The eastern limit of the grove was 
at the Guadalupe River, but in time the 
march of progress necessitated the removal of 
many of the trees to make way for houses and 
streets. 

The original Mission of Santa Clara stood 
near where now are seen the structures of the 
Southern Pacific Railway station. Its walls 
were cracked by an earthquake in 1812. but 
no portion of it fell at that time. In 1822, 
however, another and more severe shock 
caused so much injury to the building that it 
became necessary to take it down rather than 
attempt to repair it. A site for a new Mission 
was chosen a short distance to the southwest, 
and in 1825-26 the new Mission Church was 
completed. In later years, so great was the 



HISTORY OF SANTA CLARA COUNTY 



37 



decay that it was found advisable to encase 
the walls, remodel the facade and erect two 
towers ; each served for the purpose of a 
lookout. The face of the structure was paint- 
ed in a rude fashion with biblical scenes in- 
tended to attract the eye of the aboriginal, 
while within were tableaux and allegorical 
pictures. In 1884, as a sanitary measure, the 
old Mission was torn down under the super- 
vision of Father Robert E. Kenna, president 
of Santa Clara College. One adobe wall was . 
left standing to show the original construc- 
tion and a number of pictures and relics were 
allowed to remain. 

Secularization of the Missions 

In the year 1767 the property possessed by 
the Jesuits, then known as the Pious Fund, 
was taken charge of by the Government and 
used for the benefit of the Missions. At that 
time the possession vielded an annual revenue 
of $50,000, $25,000 of which were expended in 
the stipends of the Franciscan and Dominican 
missionaries and the balance for the mainten- 
ance of the missions generally. Father Glee- 
son says : "The first inroads made upon these 
pious donations was about the year 1806, 
when to relieve the national wants caused by 
the wars of 1801 and 1804 between Portugal 
on the one hand and Great Britain on the 
other, His Majesty's fiscal at Mexico scrupled 
not to confiscate and remit to the authorities 
in Spain as much as $200,000 of the Pious 
Fund." By this means the Missions were de- 
prived of most substantial aid and the Fathers 
left upon their own resources. Two }'ears 
after Mexico had been formed into a republic 
the government authorities began to interfere 
with the rights of the Fathers and the exist- 
ing state of aflfairs. In 1826 instructions were 
forwarded by the Federal Government to the 
authorities in California for the liberation of 
the Indians. This was followed a few years 
later by another act ordering the whole of the 
missions to be secularized and the religieux 
to withdraw. The ostensible object assigned 
by the authors of the measure was the execu- 
tion of the original plan formed by the gov- 
ernment. The Missions, it was alleged, were 
never intended to be permanent establish- 
ments; they were to give way in the course 
of some years to the regular ecclesiastical 
system when the people would be formed 
into parishes attended by a secular clergy. 

"Beneath these specious pretexts," says 
Dwindle in his Colonial History, "was un- 
doubtedly a perfect understanding between 
the government at Mexico and the leading 
men of California, and in such a condition of 
things the Supreme Government might absorb 
the Pious Fund under the pretense that it was 



no longer necessarj- for missionary purposes, 
and thus had reverted to the state as a quasi 
escheat, while the co-actors in California 
should appropriate the local wealth of the 
Missions by the rapid and sure process of ad- 
ministering their temporalities." And again : 
"These laws whose ostensible purpose was to 
convert the missionary establishments into 
Indian pueblos, their churches into parish 
churches, and to elevate the Christianized In- 
dians to the rank of citizens, were, after all, 
executed in such a manner that the so-called 
secularization of the missions resulted only 
in their plunder and complete ruin, and in the 
demoralization and dispersion of the Chris- 
tianized Indians." 

Immediately upon the receipt of the decree 
the then-acting Governor of California, Don 
Jose Figueroa, commenced the carrying out of 
its provisions to which he added certain rules 
and in accordance therewith the alteration in 
the missionary system was begun, to be imme- 
diately followed by the absolute ruin of both 
Missions and country. Within a very few 
}-ears the work of the Fathers was entirely 
destroyed ; the lands which had hitherto teem- 
ed with abundance were handed over to the 
Indians to be by them neglected and permit- 
ted to return to their primitive wildness, while 
the thousands of cattle were divided among 
the people and the administrators. 

In 1836 the number of Indians cared for in 
the missions amounted to over 30,000. They 
were peaceful, happy and contented, strang- 
ers to those cares, troubles and anxieties com- 
mon to higher and more civilized conditions of 
life. At the same time that their religious 
condition was one of thankfulness and grate- 
ful satisfaction to the Fathers, their worldly 
position was one of abundance and prosper- 
ity. Divided among the different missions 
from San Lucas to San Francisco close upon 
one million head of livestock belonged to the 
people. The united annual return of the cer- 
eals, consisting of wheat, maize, beans and the 
like, was upwards of 120,000 bushels, while 
at the same time throughout the different mis- 
sions the preparation and manufacture of 
soap, leather, wine, brandy, hides, wool, oil, 
cotton, hemp, linen, tobacco, salt and soda was 
extensively pursued. And to such perfection 
were these articles brought that some of them 
were eagerly sought for and purchased in the 
principal cities of Europe. 

Such was the happy and prosperous condi- 
tion of the country under missionary rule. 
What resulted after the transfer of power to 
the secular authorities was disastrous. In 
1834 at the time of the secularization of the 
missions there were 1,800 Indians belonging 



HISTORY OF SANTA CLARA COUNTY 



to the Mission of Santa Clara. In 1842 the 
number had been reduced to four hundred. 

Life on the Early Ranches 

Prior to the American occupation of Cali- 
fornia the natives were a half-caste race, be- 
tween the half Castilian and the native Indian, 
very few of the families retaining the pure 
blood of old Castile. They were of all shades 
of color and developed into a handsome and 
vigorous race. Their wants were few and 
easily supplied ; they were contented and 
happy: the women were virtuous and devoted 
to their church and religion, while the men. 
in normal condition, were kind and hospit- 
able, but when excited became rash, fearless, 
even cruel, with no dread of knife or pistol. 
Their generosity was great, everything they 
had being at the disposal of friend or strang- 
er. Socially they loved pleasure, spending 
most of their time in music ami ilaiicin-- ; in- 
deed such was their passion for the latter that 
their horses were trained to curvet in time to 
the tunes of the guitar. When not sleeping, 
eating or dancing the men spent much time in 
the saddle and naturally became expert eques- 
trians. Horse racing was with them almost a 
daily occurrence, not from the gain it might 
bring but from the amusement to be derived 
therefrom. To throw a dollar upon the 
ground, ride by at a full gallop and pick it up 
was a feat that most of them could perform. 

Horses and cattle gave them their chief 
occupation. They could use the riata or lasso 
with the utmost dexterity ; whenever thrown 
at a bullock, horseman or bear, it rarely miss- 
ed its mark. The riata in the hands of a 
Californian was a more dangerous weapon 
than gun or pistol, while to catch a wild cow 
with it, throw and tie her, without dismount- 
ing, was most common, and to go through 
the same performance with a bear was not 
considered extraordinary. Their only articles 
of export were hides and tallow, the value of 
the former being a dollar and a half in cash 
and two dollars in goods and the latter three 
cents per pound in barter. Young heifers, two 
years old, for breeding purposes were worth 
three dollars ; a fat steer delivered in the 
Pueblo San Jose brought fifty cents more, 
while it was neither trespass nor larceny to 
kill a beeve, use the flesh and hang the hide 
with tallow on a tree, secure from coyotes, 
where it could be found by the owner. 

Lands outside of the town were valuable 
only for grazing purposes. For this use every 
citizen of good character having cattle, could, 
for the asking, and by paying a fee to the offi- 
cials and a tax upon the written paper, get a 
grant upon a grazing tract of from one to 
eleven square leagues of land. These domains 



were called ranches, the only improvements 
on them being a house and a corral. They 
were never inclosed, they were never survey- 
ed, but extended from one well defined land- 
mark to another, and whether they contained 
two or three leagues more or less, was re- 
garded as a matter of no consequence, for the 
land itself was of no value to the government. 
It was not necessary for a man to keep cat- 
tle on his own land. They were ear-marked 
and these marks established the ownership. 
The stock roamed at will, the rancher some- 
times finding his animals fifty or sixty miles 
away from his grounds. About the middle of 
Alarch the rodeo season opened, the time was 
fixed in advance by the ranchero who would 
send notice to his neighbors for leagues 
around. All these ranchers with their va- 
queros, would attend and participate. It 
was the gathering in one locality of all the 
cattle on the rancho. When this task was 
accomplished, the next operation was for each 
ranchero present to part out from the general 
herd all animals having his brand and eai- 
mark and drive them oiT to his own rancho. 
In doing this they were allowed to take all 
calves that followed their mothers. What 
was left in the rodeo belonged to the owner 
of the rancho, who then marked them as his 
property. On some of the ranchos the num- 
ber of calves branded and marke'd each year 
was enormous, Joaquin Bernal, who owned 
the Santa Teresa Rancho, eight miles south 
of San Jose, having been in the habit of brand- 
ing not less than 5,000 head yearly. In this 
work a great many horses were employed. 
Fifty head was a small number for a ranchero 
to own. 

By the time the rodeo season was over — 
about the middle of May — the matanza or 
killing season commenced. The number of 
cattle killed each year was commensurate 
with the number of calves marked and the 
amount of herbage for the year, for it was the 
rule that no more should be kept alive than 
the pasture on the rancho could support. 
After the butchering the hides were taken 
ofT and dried, the fattest portions of the flesh 
were made into soap, while some of the best 
portions of the meat were cut, pulled into thin 
shreds and dried in the sun. The residue was 
thrown away to be eaten by the buzzards and 
the dogs. Young dogs were never destroyed 
and it was no infrequent occurrence to see a 
ranchero ride into town with a string of dogs 
at his horse's heels. 

The habitations of these people were mark- 
ed by simplicity. The walls were fashioned of 
sun dried bricks, made of that black loam 
known to settlers as adobe soil. The adobe 




BRUNO BERNAL 



HISTORY OF SANTA CLARA COUNTY 



39 



was mixed with straw, each brick, about 
eighteen inches square, three inches thick, be- 
ing cemented with mud and whitewashed 
when finished. The rafters and joists were of 
rough timber, with the bark simply peeled off, 
and placed in the required position. The 
thatch was of rushes or chapparal fastened 
down with thongs of bullocks' hide. When 
completed these dwellings were capable of 
standing the brunt and wear and tear of 
many decades, as can be evidenced by the 
number now standing in the Valley. The 
furniture consisted of a few cooking utensils, 
a rude bench or two, sometimes a table and 
the never-failing camphor-wood trunk. This 
trunk, or chest, contained the extra clothes 
of the women — the men wore theirs on their 
backs — and if a visit abroad of more than a 
few days' duration was made the box was 
taken along. The women were cleanly in 
their persons and clothing, the common dress 
being a calico gown of plain colors, blue 
grounds with small figures being those most 
fancied. The fashionable ball dress of the 
young lady was a scarlet flannel petticoat 
covered with a white lawn skirt. Bonnets 
there were none, the head-dress consisting of 
a long, narrow shawl or scarf. 

The dress of the men was a cotton shirt, 
cotton drawers, calzonazos, sash, serape and 
hat. The calzonazos took the place of panta- 
loons, but differed from these by being open 
down the side, or rather the seams on the 
sides were not sewed up as in pantaloons but 
were laced together from the waist band to 
the hips by means of a ribbon run through 
eyelets and fastened with large silver bell-lnit- 
tons. In wearing them they were left open 
from the knee down. The best of these gar- 
ments were made of broadcloth, the inside 
and outside seams being faced with cotton 
velvet. The serape was a blanket with a hole 
through its center, through which the head 
was inserted. These cloaks were invariably 
of brilliant colors and varied in price from 
four to one hundred and fifty dollars. The 
calzonazos were held in place by a pink sash 
worn around the waist: while the serape 
served as a coat by day and a covering by 
night. 

The courtship of these people was peculiar. 
No flirting or love-making was permitted. 
When a young man of marriageable age saw a 
girl that suited his eye, he had first to make 
his wishes known to his own father, in whose 
house the eligibility of the selected one was 
gravely discussed." If the son's wish was re- 
garded with favor, the father addressed a 
letter to the father of the girl asking for his 
daughter in marriage for his son. The matter 



was then freely discussed between the parents 
of the girl and if an adverse decision was ar- 
rived at, the father of the young man was by 
letter so informed and the matter was at an 
end. But if the decision of the parents was 
favorable to the young man then the girl's in- 
clinations were consulted and her decision, if 
favorable, was communicated in the same 
manner and the affair of the engagement be- 
came a matter of public notoriety. The girl 
might then visit the young man to be re- 
ceived as a member of the family, and when 
the time for the marriage came there ensued 
feasting and dancing, the celebration continu- 
ing for three or four days. When there was 
a refusal of marriage the girl was said to have 
given her lover the pumpkin — se dio la cabala. 
The principal articles of food were beef 
and beans, in the cooking and preparing of 
which they were unsurpassed, though they 
cultivated to a certain extent maize, melons 
and pumpkins. The bread used was the 
tortilla, a wafer in the shape of Jewish un- 
leavened bread, made generally with wheat, 
Init sometimes with corn. When prepared 
it was first boiled in a weak lye made of wood 
ashes and then by hand ground between two 
stones into a paste. This process completed, 
a small portion of the dough was taken out 
and by dexterous throwing from the back of 
one hand to the back of the other the shape 
was formed. Then it was placed upon a flat 
iron and baked over the fire. 

The mill in which the grain was ground 
was made of two stones as nearly round as 
possible, of about thirty inches in diameter, 
each being dressed on one side to a smooth 
surface. One was set upon a frame about two 
feet high with the smooth face upward; the 
other was placed on this with the even facet 
downward while through an inch hole in the 
center the wheat was fed by hand. Two holes 
(hilled partly through each stone admitted an 
iron bolt, to which a long pole was attached. 
To its end was harnessed a horse, mule or 
donkey and the animal being driven around in 
a circle caused the stone to revolve. These 
mills were capable of grinding a bushel of 
wheat in about twelve hours. 

The vehicles and agricultural implements 
were quite as primitive, the cart in common 
use being formed in the following manner: 
the two wheels were sections of a log with a 
hole drilled or bored in the center, the axle a 
pole sharpened at each end for spindles, with 
a pin to prevent the wheels from slipping off. 
Another pole fastened to the middle of the 
axle served as a tongue. Upon this frame- 
work was fastened a kind of wicker-work 
framed of sticks bound together with strips of 



40 



HISTORY OF SANTA CLARA COL'NTY 



hide. The l^easts of burden were oxen. They 
were yoked with a stick across the forehead. 
The stick was notched and crooked so as to 
fit the head closely and the whole was tied 
with rawhide. The plow was a still more 
quaint afifair. It consisted of a long piece of 
timber which served the purpose of a beam. 
To the end was fastened a handle. A mortise 
was next chiseled in order to admit the plow 
which was a short stick with a natural crook, 
with a small piece of iron fastened to the end 
of it. With this crude implement was the soil 
upturned, while the branch of a tree served as 
a harrow. There were no fences to protect 
the crops. To take their place ditches were 
dug, the top of the soil being covered with 
branches of trees to keep away the numerous 
bands of cattle and horses. When the crops 
were ripe they were cut with a sickle or any 
other convenient utensil. Next came the 
threshing. The floor of the corral in which 
the cattle and horses were penned had become 
hardened. Into this enclosure the grain 
would be piled and upon it the mares would be 
turned loose to tramp out the seed. The 
wildest of these animals, many of them colts 
that had never been branded, ivould tackle 
the grain. They were urged to the work by 
the yelling of vaqueros and the cracking of 
whips until nothing was left but the gram and 
the chaff. The difficult part was the separat- 
ing of the two. Owing to the length of the 
dry season there was no haste to effect this. 
Therefore when the wind was high enough the 
trampled mass would be tossed into the air 
with large wooden forks. The wind would 
carry away the chaff, leaving the heavier grain 
on the ground. With a favorable breeze sev- 
eral bushels of wheat could be winnowed in 
a da}'. Strange as it may appear it is claimed 
that grain so sifted was much cleaner than is 
the wheat of today. 

Early Government 
The government of the native Californian 
was as primitive as the people. There were 
neither law books nor lawyers, while laws 
were mostly to be found in the traditions of 
the people. The head officer in each village 
or town was the alcalde, in whom was vested 
the judical function. On the enactment of a 
new law a manuscript copy, called the bando, 
was sent around by a person beating a snare 
drum. This was the signal for the assembling 
of the people at the alcalde's office where the 
act was read and forthwith had the force of 
law. When a native had cause for action 
against another he went to the alcalde, stated 
his case and asked that the defendant be sum- 
moned. On making his a])pcarance the de- 
fendant was asked what he had to sav about 



the complaint. This brought about a wordy 
altercation between the two parties during 
which the alcalde was able to arrive at the 
facts. Sometimes judgment was immediately 
rendered. the trial not ocupying more than 
two hours. In important cases three "good 
men" would be called in to act as co-justices. 
A learned American judge has said that the 
native Californians were, in the presence of 
courts, eminently truthful. They were all 
Roman Catholics, and their priests were of 
the Franciscan order. They were great 
church-goers, yet Sunday was not the only 
day set apart for their devotions. Nearly 
every day in the calendar was devoted to the 
memory of some saint. Those dedicated to 
the principal ones were observed as holidays. 
The front door of their churches was always 
open and every person passing, whether on 
foot or on horseback, doffed his hat. Not to 
have done this was regarded as almost a 
crime. During the holding of services with- 
in the church it was customary to station a 
number of men without, who at appointed in- 
tervals interrupted the services by the ringing 
of bells and firing of pistols, creating a noise 
resembling the irregular fire of a company of 
infantry. 

In every church was kept a number of pic- 
tures of the saints and a triumphal arch pro- 
fusely decorated with artificial flowers, while 
on a holiday devoted to some particular saint, 
after the performance of the mass, a picture 
of the saint deposited in the arch would be 
carried out of the church on the shoulders of 
four men, followed by the whole congregation 
in double file with a priest at»the head, book 
in hand. The procession would march all 
around town and at every few rods the par- 
ticipants would kneel on the ground while 
the priest read a prayer or performed some 
religious ceremony. After the circuit of the 
town had been made, the procession returned 
to the church. With the termination of these 
ceremonies the natives gave themselves over 
to pleasure, engaging in horse racing, cock- 
fighting, dancing and other forms of merry- 
making. A favorite amusement of these fes- 
tivals was for thirty or forty men on horse- 
back, generally two and sometimes three on 
one horse, with their guitars, to parade the 
town, their horses capering and keeping time 
to the music which was accompanied with 
songs. Residences and places of business were 
visited and it wos considered no breach of 
decorum for the mounted men to ride into 
stores and dwellings. 

Some of the religious ceremonies were gro- 
tesque and amusing, the personification of 
"The Wise Men of the East" being of this 



HISTORY OF SANTA CLARA COUNTY 



41 



character. At the date agreed upon for the an- 
niversary of the visit of the Wise Men to Beth- 
lehem, seven or eight men would be found 
dressed in most fantastic styles and on their 
way to find the infant Savior. They went 
from house to house and were always accom- 
panied by one representing the devil and 
garbed like a Franciscan friar. He carried a 
rosary of beads and a cross'and a long rawhide 
whip and woe to the man who came within 
reach of that whip — it was far from fun for 
him but very amusing to the rest of the 
company. The chief of these ceremonies was 
the punishment of Judas for the betrayal of 
his Master. On the reputed anniversary of 
this event, after the people had retired to rest 
a company would go out and prepare for the 
ceremonies. A cart was procured and placed 
in the public square in front of the church. 
Against the cart was placed an effigy of Judas 
made by stuffing an old suit of clothes with 
straw. The houses were then visited and a 
collection of pots, pans, kettles, dishes and 
farming implements was assembled and piled 
around the effigy to represent Judas' worldly 
effects. Then the last will and testament of 
Judas had to be prepared, tlie work being 
given to the best scribe and the greatest wit 
in the community. Every article of property 
had to be disposed of and something like an 
equal distribution made, each request being 
accompanied by some very pointed and witty 
reason for the donation. Among a more sen- 
sitive people some of these reasons would be 
regarded as libelous. The will, when com- 
pleted and properly attested, was posted on 
a bulletin board near the effigy and the night's 
work was over. As soon as it was sufficiently 
light the entire population, men, women and 
children, congregated to see Judas and his 
wealth and to hear, read and discuss the 
merits of the will and the appropriateness of 
its provisions. Nothing else was talked of, 
nothing else was thought of until the church 
bell summoned them to mass, after which a 
wild, unbroken mare was procured, on the 
back of which Judas was firmly strapped. A 
string of firecrackers was then tied to her 
tail, they were lighted, the animal was turned 
loose and the ultimate fate of the figurative 
Judas was not unlike that of his perfidious 
prototype. 

The native Californians were a temperate 
people, intoxication being almost unknown, 
but there was one vice common to all, namely 
the passion of gambling. Their favorite game 
was monte, probably the first of all banking 
games. So passionately were they addicted to 
this that on a Sunday about the church, while 
the women were inside and the priest at the 



altar, crowds of men would have their blan- 
kets spread upon the ground with their cards 
and money, playing monte. They seemed to 
have no idea that gambling was a sin. This 
predilection was early discovered by the 
Americans, who soon established banks and 
carried on games. The passion soon became 
so developed that the natives would bet and 
lose their horses and cattle, while to procure 
money to gratify this urge they would bor- 
row from the Americans, paying twelve and 
one half per cent interest per day ; and they 
would mortgage and sell land and stock, 
sometimes their wives' clothing, to obtain the 
wherewithal to play. 

Before leaving these people mention should 
be made of their bull and bear fights. Sunday 
or some prominent holiday was generally 
chosen for the holding of these exhibitions, 
to prepare for which a large corral was erect- 
ed in the plaza in front of the church. In the 
afternoon after divine service, two or three 
good bulls (if a bull fight was in order) 
would be caught and driven into the enclos- 
ure. If there is anything that will make a bull 
furious it is the sight of a red blanket. Sur- 
rounded by the entire population, the fighters 
would enter the arena, each with a red blan- 
ket in one hand and a knife in the other. They 
would flaunt the blankets before the infuriat- 
ed beasts, with knives ready for defense or as- 
sault. A bull would dash at its enemy, who 
with a dexterous side spring would evade the 
onslaught, allowing the animal to strike the 
lilanket and permit a quick slash with the 
knife. Whoever by his quickness could stick 
a knife into a bull's neck, severing the spinal 
cord, received the plaudits of the admiring 
throng. The interest taken in these exhibi- 
tions was intense. The killing or wounding 
of a bull-fighter only added zest to the sport. 

W'hen a grizzly bear could be procured the 
fight was then between bull and bear. Both 
were taken into the corral, each being made 
fast to the opposite end of a rope of sufficient 
length to permit free action and then left 
alone. The first move was usually made by 
the bull in an attempt to part company with 
the bear, who. as a result, received the first 
"knock down." On finding that he could not 
get clear of bruin, the bull then charged, but 
was met half-way. The fight was intensely 
interesting to the spectators, and was kept 
up until one or the other was killed, or both 
refused to continue the combat. As a rule 
the bull was victorious. This custom of bull 
and bear fighting was continued until 1854 
when the Legislature interposed by an "Act 
to prevent noisy and barbarous amusements 
on the Sabbath." 



HISTORY OF SANTA CLARA COUNTY 



The late Judge R. F. Peckham, one of the 
pioneer lawyers of Santa Clara County, often 
narrated the following incident in regard to 
this Legislative act. Shortly after it became 
a law great preparations were made for having 
a bull-fight, on the Sabbath as usual, at the old 
Mission of San Juan Bautista at the southern 
end of the Santa Clara Valley. The promot- 
ers were notified by the officers of the exis- 
tence of the new law and told that they must 
desist from the undertaking. Dr. Wiggins, a 
mission pioneer of 1842, was then residing at 
San Juan. He spoke Spanish fluently and 
was looked upon by the native Californians as 
a good friend. He never smiled nor appeared 
to jest, yet he was one of the greatest of the 
tale-tellers, jokers and punsters on the Pacific 
slope. In their perplexity over the new law, 
the Californians took counsel with the Doctor. 
He examined the title of the act with great 
seriousness and wisdom. "Go on with your 
fight," was the Doctor's advice, "they can do 
nothing with you. This is an Act to prevent 
noisy and barbarous amusements on the Sab- 
bath. If they arrest you there will be a trial 
by jury of Americans. To convict, the pro- 
secution must find three things, first that a 
bull fight is noisy. This they will find against 
you. Second, that it is barbarous. This also 
they will find against you, but an American 
jury will never find that it is an amusement 
of Christ's time. Go on with your bull 
fights." They did go on and were arrested 
to find that the Doctor had been jesting. 
They were sentenced, each to pay a fine, and 
this was the last of the bull-fights in Cali- 
fornia. 

First American Settlers 
The first enumeration of the inhabitants of 
the pueblo of San Jose was taken in 1831 and 
showed 166 men, 145 women, 103 boys and 
110 girls, making a total of 524. Overland 
travel to California did not commence until 
the forties. The first foreigner to locate in 
this valley was John Gilroy, who was a sailor 
on board a vessel belonging to the Hudson 
Bay Company that touched at Monterey in 
1814. He was a Scotchman and the causes for 
his abandoning his ship are differently stated. 
One report was that he had a quarrel with 
one of the officers and deserted, while it is just 
as positively stated that he had a severe attack 
of scurvy and was left on shore to be cured. 
However that might have been it is well 
authenticated that in the same year, he lound 
his way into the Santa Clara Valley, locating 
at San Ysidro, afterward named Gilroy. He 
was hospitably entertained and finally married 
into the wealthy family of the Ortegas. He 



was a man of great force of character and 
accumulated a large property in lands and 
cattle but died poor in 1869. 

In 1818 there came to San Jose a man 
whose name is historic in this community, 
Don Antonio Sunol. He was a native of Bar- 
celona, Spain, but had served in the French 
navy under the First Empire. He was an 
officer of distinction and was present when 
Napoleon surrendered after Waterloo. He 
then sought the New W^orld and settled in 
Santa Clara Valley where he achieved dis- 
tinction, wealth and respect. He died in San 
Jose in 1865. 

The first citizen of the LTnited States to set- 
tle in Santa Clara Valley was Philip Doak. 
He was a block and tackle maker employed on 
a whaling vessel. Leaving salt water at 
Monterey in 1822 he journeyed northward to 
settle near Gilroy. His home was on the 
ranch of Mariano Castro, one of whose 
daughters he afterward married. Matthew 
Fellom came to the valley the same year and 
located near San Ysidro, or old Gilroy as it 
was afterward called. Fellom was a Dane and 
like Doak was a whaler. He left his vessel at 
one of the northern ports and made his way 
overland to the Santa Clara Vallev. He died 
in 1873. 

These are the only foreigners, of which 
there is record, who were living in the valley 
up to 1830, if William Willis, an Englishman, 
is excepted. He was known to be in the 
pueblo in 1828, but his subsequent history is 
not known. It has been estimated that in 
1830 there were not more than 100 foreigners 
in the whole of California. John Burton came 
to San Jose in 1830. He was afterward al- 
calde of the pueblo. Harry Bee, who died in 
San Jose in 1897 as the oldest pioneer in the 
county, came to the Valley in 1833. He had 
been in the state seven years, having landed 
at Monterey as an English sailor in 1827. He 
was born in 1808 and during the Mexican 
War acted as scout and courier for Commo- 
dore Sloat. In the same year came William 
Gulnac, James Alexander Forbes, James 
Weekes, Nicolas Dodero, John Price, William 
Smith, George Ferguson, Thomas Pepper, a 
man called "Blind Tom," William Welsh. 
Charles Brown and "Moche Dan." Thomas 
Brown and William Daily came in I834. Of 
these several were prominent either in the 
early days or in the later history of California. 
Gulnac was for many years major domo at the 
Mission of San Jose in Alameda County. He 
married a daughter of the Cesenas. Forbes 
was vice-consul for Great Britain. Weekes 
served as Alcalde in 1847. In 1838 Henry 
^\'oods and Lawrence Carmichael arrived. 



HISTORY OF SANTA CLARA COUNTY 



43 



These people all came by vessel and chance 
decided their location. They affiliated with the 
Spanish population, in many cases marrying 
into their families, and adopting, to a great ex- 
tent, the Spanish customs and modes of living. 
Overland travel commenced about 1841. Even 
before this time settlements had been made in 
Oregon, and that country was much better 
known than California. For this reason, and 
because California was a foreign country, all 
the overland trains were pointed to Oregon. 
Some of these trains having reached the Sier- 
ras and hearing something of California, came 
here instead. In 1841 Josiah Belden. Charles 
M. Weber and Grove C. Cook came overland, 
as did Henry Pitts. Peter Springer, William 
Wiggins and James Rock. In 1843 Major S. J. 
Hensley, Julius Martin, Thomas J. Shadden 
and Winston Bennett made the trip across the 
plains. The advent of this party was an im- 
portant incident, as with it came three women, 
wives of Martin. Shadden and Bennett, the 
first foreign women to settle in this district. 
In 1844 came the Murphy party and Captain 
Stephens. The Murphy party consisted of 
Martin Murphy, Sr., his wife, five sons and 
two daughters; James Miller, afterwards an 
honored resident of Marin County; Dr. John 
Townsend and wife, Moses Schallenberger, 
father of IMargaret Schallenberger McNaught, 
now State Commissioner 'of Education ; Jo- 
seph Foster, Mr. Hitchcock and family; 
Thomas Hudson, Clemente Columbet and 
Martin Corcoran. Dr. Townsend and his wife 
died of cholera in 1850; and Martin Murphy, 
Sr., passed away in 1865. In 1845 Frank 
Lightston, J. Washburn, William O'Connor, 
W. C. Wilson, John Daubenbiss and James 
Stokes came to the county. In 1846 the ar- 
rivals were Isaac Branham, Jacob D. Hoppe, 
Charles White, Joseph Aram, Zachariah Jones, 
James F. Reed, George Donner and his two 
sisters ; Arthur Caldwell, William Daniels, 
Samuel Young, A. A. Hecox, William Haun, 
William Fisher, Edward Pyle and their fam- 
ilies ; Wesley Hoover and John W. Whisman 
and wives ; William and Thomas Campbell 
and their families; Peter Quincy and family; 
Thomas Kell, Thomas West and four sons ; 
John Snyder,' S. R. Moultrie, William J. Parr, 
Joseph A. Lard, Mrs. W. H. Lowe. Mrs. E. 
Markham, L. C. Young, R. J. Young, M. D. 
Young, S. C. Young, Samuel Q. Broughton, 
R. F. Peckham, Z. Rochon. Joseph Stillwell, 
George Cross, Ramon S. Cesena, M. Hollo- 
way, Edward Johnson, Mrs. Martha J. Lewis 
and James Enright. Of course there were 
many more arrivals but their names cannot be 
obtained from the records and the personal 
recollections of the pioneers who are living 
at the present time. 



The Donner Party 

Nearl}' all the surviving members of the 
ill-fated Donner party located in San Jose and 
vicinity. The terrible experiences of that 
party are given in Tuthill's history of Califor- 
nia, from which w'e quote : "Of the overland 
emigration to California in 1846 about eighty 
wagons took a new route, from Fort Bridger 
around the south end of Great Salt Lake. The 
pioneers of the party arrived in good season 
over the mountains, but Mr. Reed's and Mr. 
Donner's companies opened a new route 
through the desert, lost a month's time by 
their explorations and reached the foot of the 
Truckee Pass, in the Sierras, on October 31, 
instead of the first as intended. The snow be- 
gan to fall two or three weeks earlier than 
usual that year and was already so piled up 
in the pass that they could not proceed. They 
attempted it repeatedly but were as often 
forced to return. One party built their cab- 
ins near Truckee, afterward Donner Lake, 
killed their cattle and went into winter quar- 
ters. The other (Donner's party), still be- 
lieved they could thread the pass and so failed 
to build their cabins before more snow came 
and buried their cattle alive. Of course they 
were soon destitute of food, for they could not 
tell where the cattle were buried and there 
was no hope of game on a desert so piled with 
snow that nothing without wings covdd move. 
The number of those who were thus storm- 
stayed at the very threshold of a land whose 
winters are one long spring, was eighty, of 
whom thirty were women and children. The 
Mr. Donner who had charge of one company 
was a native of Illinois, sixty years of age and 
a man of high respectability and abundant 
means. His wife was a woman of education 
and refinement and much younger than he. 

"During November it snowed thirteen days ; 
during December and January, eight days 
each. Much of the time the tops of the cab- 
ins were below the snow level. It was six 
weeks after the halt was made that a party of 
fifteen, including five women and two Indians, 
who acted as guides, set out on snow shoes to 
cross the mountains and give notice to the 
people of California settlements of the condi- 
tion of their friends. At first the snow was so 
light and feathery that even with snow shoes 
they sank nearly a foot at every step. On the 
second day they crossed the 'divide,' finding 
the snow at the summit twelve feet deep. 
Pushing forward with the courage of despair 
they made from four to eight miles a day. 

"Within a week they were entirely ovtt of 
provisions, and three of them, succumbing to 
cold, weariness and starvation, had died. Then 
a heavv snow storm came on which com- 



HISTORY OF SANTA CLARA COUNTY 



pelled them to lie still, buried beneath their 
blankets under the snow for thirty-six hours. 
By evening of the tenth day three more had 
died and the living had been four days with- 
out food. The horrid alternative was accept- 
ed — they took flesh from the bones of their 
dead, remained in camp two days to dry it and 
then pushed on. 

"On New Year's, the sixteenth day since 
leaving Truckee Lake, they were toiling up a 
steep mountain. Their feet were frozen. 
Every step was marked with blood. On the 
second of January their food again gave out. 
On the third day they had nothing to eat but 
the strings of their snow shoes. On the fourth 
the Indians deserted, suspicious that they 
might be sacrificed for food. On the fifth one 
of the party shot a deer and that day there was 
another death. Soon after three others died 
and every death served to prolong the exist- 
ence of the survivors. On the seventh all but 
one gave out, concluding that their wander- 
ings were useless. This one, guided by two 
friendly Indians dragged himself on until he 
reached a settlement on Bear River. By mid- 
night the settlers had found and were treating 
with all Christian kindness what remained of 
the little company that after a month of most 
terrible sufferings, had halted to die. 

"The story that there were emigrants per- 
ishing on the other side of the snowy barrier 
ran swiftly down the Sacramento Valley to 
New Helvetia, and Captain Sutter, at his own 
expense, fitted out an expedition of men and 
of mules laden with provisions, to cross the 
mountains and relieve them. The story ran 
to San Francisco and the people, rallying in 
public meeting, raised $1500 and with it 
fitted out another expedition. The navai 
commandant of the port fitted out others. 

"The first of the relief parties reached 
Truckee Lake on the nineteenth of February. 
Ten of the people in the nearest camp were 
dead. For four days those still alive had fed 
on bullocks' hides. At Donner's camp but one 
hide remained. The visitors left a small sup- 
ply of provisions with the twenty-nine whom 
they could not take with them and started 
back with the remainder. Four of the chil- 
dren they carried on their backs. 

"Another of the relief parties reached the 
lake about the first of March. They at once 
started back with seventeen of the sufferers, 
but a heavy snow storm overtaking them, they 
left all, except three of the children, on the 
road. Another party went after those left on 
the way, found three of them dead and the rest 
sustaining life by eating the flesh of the dead. 

"The last relief party reached Donner's 
camp late in .\pril when the snows had melted 



so much that the earth appeared in spots. The 
main cabin was empty, but some miles distant 
they found the last survivor of all lying on the 
cabin floor smoking a pipe. He was ferocious 
in aspect, savage and repulsive in manner. His 
camp kettle was over the fire and in it his meal 
of human flesh preparing. The stripped bones 
of his fellow sufferers lay around him. He re- 
fused to return with the party and only con- 
sented when he saw there was no escape. Mrs. 
Jacob Donner was the last to die. Her hus- 
band's body was found at his tent. Circum- 
stances led to the suspicion that the survivor 
had killed Mrs. Donner for the flesh and 
money, and when he was threatened with 
hanging he produced $500, which he had prob- 
ably appropriated from her store." 

Many books have been written on the sub- 
ject, no two giving the same facts. One of the 
most interesting accounts is that of James F. 
Reed, who for j^ears was one of the prominent 
and reputable citizens of San Jose. He left 
Springfield, 111., in the middle of 1846 and was 
accompanied by George and Jacob Donner and 
their families. George Donner was elected 
captain. At Fort Bridger. William ]\IcCutch- 
en, wife and family joined the party. Leaving 
the fort they unfortunately took a new 
route, and had many vicissitudes, not the least 
being the loss of cattle. Other would-be set- 
tlers joined them before they reached Cali- 
fornia. The narrative now continues in Mr. 
Reed's own words : 

"After crossing the desert it became known 
that some families had not enough provisions 
to carry them through. As a member of the 
company I advised them to make an estimate 
of the provisions on hand and what amount 
each family would need. After receiving the 
estimate I then suggested that if two gentle- 
men of the company would volunteer to go in 
advance to Sutter's Fort, near Sacramento. I 
would write a letter to the captain for the 
whole amount of provisions wanted, also stat- 
ing that I would become personally rrspmisi- 
ble to him for the amount. I lliM>ii;ht that 
from the generous character of Cnptain Sutter 
the provisions would be sent. ]\Cr. McCutch- 
en came forward and said that if they would 
take care of his family he would go. This the 
company agreed to. Mr. Stanton, a single 
man, volunteered to go with McCutchen if 
they would furnish him with a horse. Mc- 
Cutchen, having a horse and mule, generous- 
ly gave the mule. Taking blankets and pro- 
visions, the two men started for California. 
After their leaving us we traveled for weeks, 
none of us knowing how far we were from 
California and soon all became anxious to 
know what had become of McCutchen and 



HISTORY OF SANTA CLARA COUNTY 



45 



Stanton. It was now suggested that I go in 
advance to California and hurry up the sup- 
pHes. This was agreed to and I started, tak- 
ing with me three days' provisions, expecting 
to kill game on the way. The Messrs. Don- 
ner were two days in advance of the party 
when I overtook them. With George Donner 
there was a young man named Walter Her- 
ren, who joined me. With all the economy I 
could -use our provisions gave out in a. few 
days, so I supplied our wants by shooting wild 
geese and other game. The day after I was 
joined by Herren I proposed, as I had the only 
horse, that he would ride half the time. The 
proposition was joyfully accepted. Soon no 
game was to be seen, hunger began to be felt 
and for days we traveled without hope or help. 
W'e reached the Sierra Nevada Mountains. I 
believed I could have made a stop here, hunted 
and found game. But as this would have de- 
layed our progress and success might not have 
rewarded my hunting efforts, I ke,pt on. The 
second day before we found relief Harren 
wanted to kill the horse. I persuaded him 
from the deed, promising if relief did not come 
soon I would kill the horse myself. Soon 
afterward he became delirious. That afternoon 
I found a bean and gave it to him and then 
never was road examined more closely than 
this one. A\'e found in all five beans. Her- 
ren's share was three of them. We camped 
that night in a patch of grass a short distance 
oflf the road. Next morning after traveling a 
few miles we saw some deserted wagons. 

"We soon reached and ransacked the wag- 
ons, hoping to find something to eat, but found 
nothing. Taking the tar bucket that was 
hanging under one of the wagons I scraped 
the tar off and found a streak of rancid tallow 
at the bottom. J remember well that when I 
announced what I had found, Herren, who 
was sitting on a rock near by, got up halloo- 
ing with all the strength he had and came to 
me. I -handed the tar paddle to him. It had 
un it some of the tallow about the size of a 
walnut. This he swallowed without giving it 
a smell. I then took a piece myself but it 
was very respulsive. Herren craved more and 
I gave him another piece. Still wanting more, 
I positively refused, stating that it would kill 
him. After leaving the wagons, probably fifty 
yards, I became deadly sick and blind. In 
resting myself against a rock I leaned my 
head on the muzzle of my gun. Herren, 
seeing my condition came to me and said, 'My 
God, Mr. Reed, are you dying?' After resting 
a few minutes I recovered, much to his joy. 

"The wagons were within a short distance 
of the steep hill going down into Bear Valley. 
After descending the first steep pitch I dis- 



covered wagons in the valley below us. 'Her- 
ren,' said I, 'there are wagons in the valley.' 
When he saw them he gave vent to his joy, 
hallooing at the top of his voice, but on ac- 
count of weakness he could not have been 
heard ten rods off. On reaching the wagons 
•we found several families of emigrants who 
supplied us with bread. I here met Mr. Stan- 
ton, with two Indians, on his return to the 
company with provisions supplied by Captain 
Sutter. Next morning Stanton started for the 
company and I went on to Sutter's Fort." 

At the Fort Reed found McCutchen, who 
had been prevented by illness from accom- 
panying Stanton. Captain Sutter furnished 
horses and saddles with which to bring the 
women and children out of the mountains. 
The expedition failed on account of the snow 
which at some points was eighteen feet deep. 
The party returned for more help, but, unfor- 
tunately, the Mexican war was on and every 
able-bodied man was away. At Captain Sut- 
ter's suggestion Mr. Reed went to San Fran- 
cisco to see if he could not procure help there. 
He was compelled to make the journey by 
land and reached San Jose when it was in a 
state of siege. Arrived at San Francisco, a 
public meeting was held and relief parties fit- 
ted out. Mr. Reed and Mr. McCutchen ac- 
companied the first of these, which went by 
the river. On the route he met his wife and 
children rescued by a relief party that had 
gone ahead of them. He only stopped a few 
minutes for greetings and then pushed on to 
the relief of the other suiTerers whom they 
reached about the middle of the next day. 

The first camp was that of Mr. Breen. Mr. 
Reed says : "If we left any provisions here it 
was a small amount, he and his family not be- 
ing in want. We then proceeded to the camp 
of Mrs. Murphy, where Kessburg and some 
children were. Here we left provisions and 
one of our company to cook for and attend to 
them. From here we visited the camp of Mrs. 
Graves, some distance further east. A num- 
ber of the relief party remained here, while 
Messrs. Miller, McCutchen, another and my- 
self proceeded to the Donner camp. We 
found Mrs. Jacob Donner in a feeble condi- 
tion. She died after we left. Her husband 
had died early in the winter. We removed 
the tent and placed it in a more comfortable 
position. I then visited the tent of George 
Donner close by and found him and his wife. 
He was helpless. Their cfiildren and two ot 
Jacob's had come out with the party that went 
ahead of us. I requested Mrs. Donner to come 
with us, stating that I would leave a man to 
take care of both George Donner and Mrs. 
Jacob Donner. She positively refused, de- 



46 



HISTORY OF SANTA CLARA COUNTY 



daring that she \vould not leave her husband 
in his enfeebled condition. 

"We took the remaining three children of 
Jacob Donner, leaving a man to take care of 
the two camps. Leaving all the provisions we 
could spare and expecting a party from Sut- 
ter's Fort would be in in a few days, we re- 
turned to the camp of Mrs. Graves. Notice 
was given in all the camps that we would start 
on our return to Sutter's early next day. About 
the middle of the day we started, taking with 
us all who were able to travel." 



The relief party that came after Mr. Reed 
did not reach the sufferers as soon as expected 
and disasters occurred. The full details of the 
suffering of the unfortunate party would fill a 
book. Each of the relief parties, especially 
that conducted by Mr. Reed endured suffer- 
ings equal to those experienced by the unfor- 
tunates in the winter camp. History has no 
parallel to the heroism displayed by these peo- 
ple in their eft'orts to rescue suffering relatives 
and friends. 



CHAPTER II. 

Santa Clara County During the Mexican Rule— The Adventures of Captain 
Fremont— Don Mariano Guadalupe Vallejo— Raising the Bear Flag- 
War With Mexico Declared— The Capture of San Jose— Reminiscences 
of the Strenuous Days of 1849— The Discovery of Gold— Killing of Young 
Pyle— Local Government— Grandma Bascom's Story. 



In 1836 a revolution broke nut m Mexao 
but it did not extend to Cahforma, though a 
few of the Spanish settlers m San Jose left the 
pueWo to take part in it. While the strife wa 
nro-ressin<. Governor Alvarado was appointed 
orue California, an office which he held until 
lg4^ after the differences between the oppos- 
ing factions in Mexico had been satisfactorily 
arranged. - 

The adjustment, however, created misun- 
derstandings between the two highest official, 
in the De;artment of California^ The civ 1 
and the military authorities could not agree. 
Fach one complained of the other to the Cen- 
';a Government and General Miche toreiia 
was secretly dispatched north to settle the d- 
ferences between Governor Alvarado and Gen- 
eral Vallejo by taking over the Powers of 
both. On seeing the turn the affair had taken. 
Alvarado and Vallejo laid aside their b eke - 
inffs to make common cause against Michel- 
torena, whom they designated as an usurper. 
\ided by General Castro they sou.ght to drive 
'Micheltorena out of California The trium- 
virate proclaimed California independent and 
declared war against the representative o 
Mexico. General Micheltorena, having had 
the "-auge of battle thrown in his teeth, took 
the field hoping to speedily end the insurrec- 
tion He advanced to within twelve miles of 
San Jose and then finding that this portion of 
the country was up in arms against him speed- 
ily beat a retreat to San Juan Bautista. In 
spite of his defense, the insurgents captured 



the town in November, 1844. From this blow 
Micheltorena never rallied and in February. 
1845, he paid $11,000 for a passage on board 
the bark Don Quixote, Captain Paty, his des- 
tination being San Bias. On the termination 
of the strife Don Pio Pico, brother of Don An- 
tonio Pico, of San Jose, was elected governor 
of California and Jose Castro was appointed 
general of the military forces. 

Captain Fremont Arrives 

In the month of March, 1845, Brevet-Capt. 
John Charles Fremont departed from Wash- 
ington for the purpose of organizing a third 
expedition for the topograjjhical survey of 
Oregon and California. He left Bent's Fort 
in April, his force consisting of sixty-two men, 
among them Kit Carson and six Delaware In- 
dians. Crossing the Sierra Nevadas in De- 
cember they arrived at Sutter's Fort on the 
10th of that month. After two days' stay 
the company left to search for a missing party 
of explorers. Not being able to find the men, 
and having either lost or consumed most of 
his horses and cattle Fremont determined to 
retrace his steps to Sutter's Fort which he 
reached January 15, 1846. On the seven- 
teenth he with his men left the fort on a 
launch for San Francisco. They arrived there 
on the twentieth ; the twenty-first saw him 
and Captain Hinckley sailing down the Bay 
of San Francisco to the emliarcadero at Al- 
viso at the lower end of the Santa Clara Val- 
lev. On the twenty-second they proceeded 



HISTORY OF SANTA CLARA COUNTY 



47 



to San Jose where Fremont received word 
that the missing explorers were encamped on 
the San Joaquin. At once two companies un- 
der Kit Carson were dispatched to guide the 
nien into the Santa Clara Valley. Fremont 
and Hinckley, after visiting the New Almaden 
mines, returned to San Frj^ncisco. On the 
twenty-fiiurth Fremont was once more on the 
tniive. He started from San Francisco, then 
known as Yerba Buena, and on the morning 
of January 27. 1846. reached Monterey. In 
company with Thomas O. Larkin, United 
States Consul, Fremont called on General 
Castro and stated the object of his journey. 
He was out of provisions and asked that his 
party be permitted to pass unmolested through 
the country. The request was granted, ver- 
bally, but when asked for the nccessarj- per- 
mit in writing, the General excused himself, 
said he was not well and that no further 
assurance than his word was needed. A call 
of the same nature was then made on Don 
Manuel Castro, the prefect of the district, 
the same statement made and the same verbal 
permit was granted. Fremont received funds 
and provisions from the consul and then made 
all haste to San Jose where he was joined 
by his band. Not finding here such stores as 
were still needed he resolved to return to 
Montere}-. A fortnight later he camped in 
the Santa Clara A'alley on Capt. William Fish- 
er's ranch, the Laguna Seca. While here a 
Mexican made his appearance and laid claim 
to certain of Fremont's horses on the bold 
statement that they had been stolen. Short- 
ly after this, on February 20, Captain Fre- 
mont received a summons to appear before 
the alcalde at San Jose to answer to a charge 
of horse-stealing. Fremont send back tlie 
following reply : 

"Camp Near Road to Santa Cruz, 

February 21, 1846. 
"Sir: I received your communication of the 
20th, informing me that a complaint has been 
lodged against, me in your office for refusing 
to deliver up certain animals of my band 
which are claimed as having been stolen from 
this vicinity about two months since, and that 
the plaintiff further complains of having been 
insulted in my camp. It can be proven on 
oath by thirty men here present that the ani- 
mals pointed out by the plaintiff have been 
brought in my band from the United States 
of North America. The insult of wdiich he 
complains, and which was authorized by my- 
self, consisted in his being driven or ordered 
to immediately leave camp. After having 
been detected in endeavoring to obtain ani- 
mals under false pretenses he should have 
been well satisfied to escape without a se- 



vere horse-whipping. There are four animals 
in my band which were bartered from the 
Tulare Indians by a division of my party 
which descended the San Joaquin Valley. I 
was not then present, and if any more legal 
owners present themselves these' shall be im- 
mediately given or delivered upon proving 
property. It may save you trouble to inform 
you. that with this exception, alt the animals 
in m}- band have been Ixiught and paid for. 
You will readily understand that my duties 
will not permit me to appear before the mag- 
istrates in your towns on the complaint of 
every straggling vagab..n<l wli.. may chance 
to visit my camp. \uu infovni me that un- 
less satisfaction be immediately made by the 
delivery of the animals in question, the com- 
plaint will be forwarded to the Governor. I 
beg you will at the same time indorse to His 
Excellency a copy of this note. 

"I am, very respectfully, your obedient 
servant, 

"]. C. Fremont, U. S. Army. 
"To Senor Don Dolores Pacheco, 

Alcalde of San Jose." 

From the Laguna Seca, Fremont moved 
b}' easy marches in the direction of the Santa 
Cruz Alountains which he crossed about ten 
miles from San Jose at the gap where the 
Los Gatos Creek enters the Valley. On 
Alarch 1, he encamped on the rancho of Ed- 
ward Petty Hartwell. While here he received, 
late in the afternoon of the fifth a dispatch 
from Don Manuel Castro, prefect of the dis- 
trict, charging him with having entered the 
towns and villages under his (the Prefect's) 
jurisdiction in contempt of the laws of the 
Mexicaii Government and ordering him out 
of the country, else compulsory measures 
would be taken to compel him to do so. On 
receiving this communication Fremont did not 
display much hesitanc}- in arriving at a con- 
clusion. That evening he struck camp and 
ascending Hawk's Peak, a rough looking 
mountain on the Gabilan range, about thirty 
miles from Monterey and 2,000 feet above 
the level of the sea, commenced the construc- 
tion of a rude fort. It was protected by felled 
trees. Stripping one of the limbs he nailed 
the Stars and Stripes at the top, forty feet 
fnim the ground. The morning of the sixth 
of March found him waiting for developments. 

On the da}' that saw Fremont established on 
Hawk's Peak, Castro sent the following letter 
to the minister of Marine at the City of 
IVIe.xico : 

"In my communication of the fifth ultimo 
I announced to you the arrival of a captain 
at the head of fifty men, who came, as he 
said, by order of the government of the Unit- 



48 



HISTORY OF SANTA CLARA COUNTY 



ed States to survey the limits of Oregon. 
This person presented himself at my head- 
quarters some days ago accompanied by two 
individuals (Thomas O. Larkin, U. S. consul, 
and William A. Leidesdorff, vice-consul,) with 
the object of asking permission to procure 
provisions for his men whom he had left be- 
hind in the mountains. The permission was 
given, but two days ago, March 4, I was much 
surprised on being informed that this person 
was only two days' journey from this place 
(Monterey). In consequence I immediately 
sent him a communication ordering him, on 
the instant of its receipt, to put himself on the 
march and leave the Department, but I have 
not received an answer. In order to make him 
obey, I sent out a force to observe his opera- 
tions and today, the sixth, I march in per- 
son to join it and see that the object is at- 
tained. The hurry with which I undertake my 
march does not permit me to be more dif- 
fuse and I beg that you will inform His Ex- 
cellency, the President, assuring him that not 
only shall the national integrity of this party 
be defended with the enthusiasm of good 
Alexicans, but those who intend to violate it 
will find an impregnable barrier in the valor 
and patriotism of every one of the Californians. 
Receive the assurance of my respect, etc. God 
and Liberty." 

In his hastily constructed fort, every avenue 
to which was commanded by the trusty rifles 
of his men, Fremont calmly awaitecf the speedy 
vengeance promised in the communication of 
the prefect. To carry it out Don Jose had 
summoned a force of 200 men which was 
strengthened b}- one or two cannon of small 
caliber, but nothing beyond a demonstration 
was attained. In the language of the late 
General Revere (then Lieutenant) "Don Jose 
was rather in the humor of that King of 
France, who with 20,000 men, marched up 
the hill and then marched down again." 

Castro's next move was the concocting of an 
epistle to Fremont, asking for a cessation of 
hostilities and suggesting that they join forces, 
declare the country independent and with their 
allied armies march against Governor Pio Pico, 
who was then in Los Angeles. To John Gil- 
roy, an old Scotch settler, after whom Gil- 
roy was named, was entrusted the delivery of 
this piece of treachery. He reached Hawk's 
Peak on the night of the tenth and found 
the fort untenanted. Fremont had tired of 
waiting for Castro to attack and had made a 
forced march to the San Joaquin Valley. Gil- 
roy, on his return, told of the retreat, which 
so elated Castro that he at once resolved to 
attack the fort, which he was the first to en- 
ter. Then he sat down on one of Fremont's 
discarded pack saddles and penned a dispatch 



to Monterey describing the glorious victory 
he had gained and promising that his return 
need not be looked for until his promise, long 
ago given, had been fulfilled. 

And so matters rested for a time. The 
.American settlers began to feel far from safe 
and it was the consensus of opinion that no 
time should be lost in preparing for an emerg- 
ency. Rumors were rife. Governor Pico 
looked upon them with deep hatred, their ar- 
rival and settlement was to him a source of 
poignant jealousy, while his feeling inclined 
him touard England, should the country ever 
change hands. At a convention held in San 
Juan Bautista to decide which one of the 
two nations. Great Britain or the United 
.States, should guarantee protection to Califor- 
nia against all others, Pico is reported to have 
said: "To what a deplorable condition is our 
Countr}' reduced. Mexico, professing to be 
our mother and our protectress has given us 
neither arms nor money, nor the material of 
war for our defense. She is not likely to do 
anything in our behalf, although she is quite 
willing to afflict us with her extortionate 
minions who come here in the guise of sol- 
diers and civil ofiicers to harass and oppress 
our people. . . . Perhaps what I am about 
to suggest may seem faint-hearted and dis- 
honorable but to me it does not seem so. It 
is the last hope of a feeble people, struggling 
against a tyrannical government which claims 
their submission at home and who are threat- 
ened by a band of avaricious strangers from 
without, to voluntarily connect themselves 
with a power able and willing to defend and 
preserve them. It is the right and duty of 
the weak to demand support from the strong, 
provided the demand be made upon terms 
just to both parties. Is it not better to con- 
nect ourselves with one of the powerful Euro- 
pean nations than to struggle against hope 
as we are doing now? Is it not better that one 
of them should send a fleet and an army to 
defend and protect California rather than that 
we should fall an easy prey to the lawless 
adventurers who are overrunning our beau- 
tiful country? I pronounce for annexation to 
France or England and the people of Cali- 
fornia will never regret having taken my ad- 
vice. Then may our people go quietly to their 
ranches and live there as of yore, leading a 
thoughtless and merry life, untroubled by poli- 
tics or the cares of state, sure of what is their 
own and safe from the incursions of the Yan- 
kees who would soon be forced to retreat into 
their own country." 

Don Mariano Guadalupe Vallejo 

But at this moment California found a man 
whose views were more enlightened than 
those of the rulers of his country. As a pa- 



HISTORY OF SANTA CLARA COUNTY 



49 



triot he could not silently witness the land of 
his birth sold to any monarchy, however old, 
and he rightly judged that although foreign 
protection might postpone it could not avert 
that assumption of power which was begin- 
ning to make itself felt. Possessed at the 
time of no political power and having had but 
few early advantages, still his position was so 
high and his character so highly respected 
by both the foreign and native population 
that he had been invited to participate in the 
proceedings of the Junta. This man was Dun 
Mariano Guadalupe Vallejo. Born in Cali- 
fornia, he commenced his career in the army 
as an ensign and in this humble grade he vol- 
unteered to establish a colony on the north 
side of the Bay of San Francisco for the pro- 
tection of the frontier. He thoroughly sub- 
dued the hostile Indians of the region and laid 
the foundation of a reputation for integrity, 
judgment and ability une(|urik-d liy any of his 
countrymen. Although rpiite a young man 
he had' already filled "high offices 'and at this 
time was living on his estate in the vicinity 
of the town of Sonoma. He did not hesitate 
to opiHjse the views of Pico and Castro. Among 
other things he said: "I cannot, gentlemen, 
coincide in opinion with the military and civic 
functionaries who have advocated the ces- 
sion of our country to France or England. It 
is most true, that to rely any longer upon 
Mexico to govern and defend us would be idle 
and absurd. It is also true that we possess 
a noble country in every way calculated from 
position and resources to l)ecome great and 
powerful. For that reason I would not have 
her a mere dependenc}' upon a foreign mon- 
archy, naturally alien, or at least indifferent 
to our interests and welfare. Even could we 
tolerate the idea of dependence ought we to 
go to distant Europe for a master? What 
possible sympathy could e.xist between us and 
a nation separated from us by two vast oceans? 
But waiving this insuperable objection, how 
could we endure to become under the do- 
minion of a monarchy? We are republicans, 
badly governed and badly situated as we are, 
but still, in sentiment, republicans. All will 
probably agree with me that we ought at once 
to rid ourselves of what may remain of Mex- 
ican domination. Our position is so remote, 
either by land or sea, that we are in no dan- 
ger from Mexican invasion. Why, then, 
should we still hesitate to assert our independ- 
ence? We have taken the first step by elect- 
ing our own governor, but another remains to 
be taken. I will mention it plainly and ration- 
ally — it is annexation to the United States. In 
contemplating this consummation of our des- 
tiny I feel nothing but pleasure and I ask you 
to share it. Discard old prejudices, disregard 



old customs and prepare for the glorious 
change which awaits our country. Why 
should we shrink from incorporating our- 
selves with the happiest and freest nation in 
the world, destined soon to be the most weal- 
thy and powerful? Why should we go abroad 
for protection when this great nation is our 
adjoining neighbor? When we join our for- 
tunes to hers we shall not become subjects 
but fellow-citizens, possessing all the rights 
of the people of the United States and choos- 
ing our own federal and local rulers. We shall 
have a stable government and just laws. Cali- 
fornia will grow strong and flourish and her 
people will be prosperous, happy and free. 
Look not, therefore, with jealousy upon the 
hardy pioneers who scale our mountains and 
cultivate our unoccupied plains, but rather 
welcome them as brothers, who come to share 
\\-ith us a common destiny." 

Those who listened to General Vallejo were 
far Ijehind him in general knowledge and in- 
telligence. His arguments failed to carry con- 
viction to the greater number of his auditors, 
but the Ixild |>osition taken Ijy him was the 
cause i>f the iuinicdialc adjournment of the 
Junta, no result ha\'ing been arrived at con- 
cerning the weighty question on which the 
Californians had met to deliberate. On re- 
tiring from the Junta General Vallejo em- 
bodied the views he had expressed in a letter 
to Don Pio Pico and reiterated his refusal to 
participate in any action having for its end 
the adoption of any protection other than that 
of the United States. In this letter he also 
declared that he would never serve under any 
government which was prepared to surrender 
California to a European power. He then re- 
turned to his estate there to await the issue 
of events. 

Raising the Bear Flag 

In the meantime circumstances tended to 
keep General Castro moving. A large num- 
ber of Americans, finding themselves numer- 
ically too weak to contend against the natives, 
but relying on accession to their strength in 
the spring, determined to declare California 
independent and free and raise a flag of their 
own, which they did. The famous "Bear 
Flag" was given to the breeze June 14, 1846, 
in Sonoma on the pole which before had 
floated the Mexican standard. The town was 
captured and with it the commanding officer. 
General Vallejo, Lieutenant Colonel Victor 
Prudon, Captain Salvador Vallejo and Jacob 
P. Liese, an American and the general's 
brother-in-law. The news of the declaration 
spread like wild-fire, both parties hurriedly 
prepared for a conflict and while the Bear Flag 
party guided their affairs from Sonoma, Gen- 



50 



HISTORY OF SANTA CLARA COUNTY 



eral Jose Castro, from his headquarters at 
Santa" Clara, issued two proclamations. They 
are curiosities in their way and as such worthy 
of reproduction here. The first follows: 

"The contemptible policy of the agents of 
the United States of North America in this 
Department, have induced a portion of ad- 
venturers, who, regardless of the rights of 
men, have daringly commenced an invasion 
possessing themselves of the town of Sonoma 
and the military commander of that border. 
Fellow cou'ntrymen: The defense of our lib- 
erty, the true religion which our fathers pos- 
sessed and our independence call upon us to 
sacrifice ourselves rather than lose these in- 
estimable blessings ; banish from your hearts 
all petty resentments, turn you and behold 
yourselves, these families,, the innocent little 
ones, which have unfortunately fallen into the 
hands of our enemies, dragged from the bos- 
oms of their fathers, who are prisoners amony 
foreigners, and are calling upon us to succor 
them. There is still time for us to rise en 
masse as irresistible as retributive. Y'ott need 
not doubt that Divine Providence will direct 
us in the way to glory. You should not vacil- 
late because of the smallness of the garrison 
of the general headquarters, for he who will 
first sacrifice himself will l)e your friend and 
fellow citizen 

JOSE CASTRO, 

"Headquarters, Santa Clara, June 17, 1846." 

The second proclamation promises to pro- 
tect all Americans who shall refrain from tak- 
ing part in the revolutionary movements and 
winds up as follows : "Let the fortune of war 
take its chance with those ungrateful men, 
who with arms in their hands have attacked 
the country, without recollecting they were 
treated by the undersigned with all the indul- 
gence of which he is so characteristic. The in- 
habitants of the Department are witnesses of 
the truth of this. I have nothing to fear, my 
duty leads me to death or victor3^ I am a 
Mexican soldier and I will be free and inde- 
]jendent. or 1 will gladly die for these inesti- 
mable blessings." 

As there were rumors afloat that General 
Castro was on his way with a large party of 
Mexicans, to attack the garrison at Sonoma, 
Fremont, with force augmented, hastened to 
■ the relief of his compatriots, fie arrived at 
Sonoma on the inorning of June 25, having 
made forced marches. There he found that 
Castro had not carried out his threat, but had 
placidh^ remained near San Jose, carefully 
guarded by his soldiers. 

About this time a small party intended for 
service under the I-Jear Flag, liad Iieen re- 
cruited by Capt. Thf)mas Fallon, then of Santa 



Cruz, but afterward a long-time resident of 
San Jose. This company, consisting of twenty- 
two men, crossed the Santa Cruz Mountains, 
entered the Santa Clara Valley at night and 
halted about three miles from San Jose at the 
rancho of Grove C. Cook. Here Fallon learned 
that Castro. Avith a force of 200 men, was close 
at hand. Therefore, l:)elie\ing discretion to be 
the better part of valor, he fell back into the 
mountains and there encamped. 

At sunset on June 27. Castr. ■, ])lacing him- 
self at the head of his army, marched out of 
Santa Clara to chastise the Sunnma insurg- 
ents. Passing around the head of San Fran- 
cisco Bay he reached the San Leandro Creek 
from whence he dispatched three men to re- 
connoiter. They were to cross the bay in 
boats. On the water they were captured and 
shot. As they did not return Castro, guessing 
what had happened and fearing a like fate for 
himself, marched his companv back to Santa 
Clara. 

War With Mexico Declared 

In the meantime great events had lieen oc- 
curring without. The United States had de- 
clared war against ]\Iexico. Gciieral Scott. 
after a series of brilliant exploits, had cajitured 
the City of Mexico and Commodore John 
Drake Sloat was approaching Monterey. ( )n 
July 7, 1846, Monterey was taken and the 
-\merican flag hoisted over the town. Two 
days later Henrj' Pitts, courier for Commo- 
dore Sloat, rode into San Jose, and after an- 
nouncing the triumph of American arms, 
sought out General Castro and delivered to the 
redoubtable Mexican warrior Commodore 
Sloat's communication. After reading it Cas- 
tro, with moody brow, called out his men and 
forming in line in front of the Juzgado, or Hall 
of Justice on Market Street, shouted, "Monte- 
rey is taken by the Americans," and then pro- 
ceeded to read the written words of the Coin- 
modore. 

"To the inhaln'tants of California — 

"The cenlral troo])s of AK-xico having com- 
menced ho-~tilitirs at^ain-t the United States of 
.America li\- in\a(ling its territory and attack- 
ing the troops of the L'nited States stationed 
on the north side of the Rio Grande, with a 
force of 7,000 men under command of General 
Arista, which army was totally destroyed and 
all their artillery, baggage, etc., captured on 
the 8th and 9th of May last by a force of 2,300 
men under the command of General Taylor, 
and the city of Matamoras taken and occu- 
pied by the forces of the United States, and 
tlie two nations being actually at war by this 
transaction, I shall hoist the standard of the 
United States at ^ilonterey immediately and 
shall carr_\- it through California. 



HISTORY OF SANTA CLARA COUNTY 



51 



"I declare to the inhabitants of Califi)rnia. 
that although I come in arms with a powerful 
force, I do not come as an enemy to California. 
I come as their best friend, as henceforth Cal- 
ifornia will be a portion of the United 
States and its peaceable inhabitants will enjoy 
the same rights and privileges they now enjoy 
together with the privilege of choosing their 
own magistrates and other officers for the ad- 
ministration of justice among themselves, and 
the same protection will l)e extended tn them 
as to any other state in the Uniim. They will 
also enjoy a permanent go\ernincnt under 
which life and jiroperty and the ci institutional 
right and lawful security to worship the Cre- 
ator in the way most congenial to each one's 
sense of duty, will be secured to which, unfor- 
tunately, the Central Covernment of Mexico 
cannot afford them, ck-stri.\ed. ;ls Ikt room-ces 
are, l^y internal f;icti(jn< and corrupt otlicers 
who create constant rexohuiuns tn pro- 
mote their ciwn interests and oppress the 
people. Under the flag of the United States 
California ^\ill he free from all such trouliles 
and expenses ; consequently, the countr\- ^\-ill 
rai)idly ad\ance and iinprove, both in agricul- 
ture and commerce ; as, of course, the revenue 
laws will be the same in California as in all 
other parts of the United States, affording 
them all inanufactures and pniduce of the 
United States free of any dut}-. and fi.r all for- 
eign goods at one-quarter the (hit)- they now 
pay. A great increase in the value of real es- 
tate and the products of California may be 
anticiijated. 

"With the great interest and kind feelings 
I know the government and people of the 
United States possess toward the people of 
California, the country cannot hut im))rove 
more rajiidly than any other on the contineni 
of America. 

"Such of the inhabitants, whether native or 
foreign, as may not be disposed to accept the 
high jirivileges of citizenship and to live peace- 
ably un<ler the go\ ernment of the United 
States, will he allowed time to dispose of their 
property and remove out of the country, if 
they choose, without any restriction ; or re- 
main in it observing strict neutrality. 

"With full confidence in the honor and in- 
tegrity of the inhabitants of the country, I 
invite the judges, alcaldes and other civil of- 
ficers to execute their functions as heretofore, 
that the public tranquility be not disturbed, at 
least, until the government of the territory can 
be definitely arranged. 

"All persons holding titles to real estate, or 
in quiet possession of lands under color oi 
right, shall have these titles guaranteed to 
them. All churches, and the property they 



contain, in possession of the clergy of Califor- 
nia, shall continue in the same right and pos- 
session the}- n(jw enjoy. 

".Ml iir(Jvisions and supplies of every kind 
furnished by the inhabitants for the use of the 
United States ships and soldiers, will be paid 
for at fair rates, and nt) private jiroperty will 
be taken for public use without just compen- 
sation at the mf)ment. 

"JOHN D. SLOAT, 
"Connnander-in-Chief of the U. S. Naval 
Force in the Pacific Ocean." 

The reading of the foregoing concluded, 
General Castro is said to have exclaimed, 
"^\'hat can I do with a handful (jf men against 
the United States? I am going to Mexico. 
All who wish to follow me, right-about-face. 
.\11 A\ ho wish to remain can go to their 
homes." (July a very few chose to follow 
Castro into Me.xico, \\-hither he proceeded on 
the f(jllowing day. first taking prisoner, 
Charles M. A\'e1)er, a merchant, and not releas- 
ing hin-i until l.os Angeles was reached. 

Upon hearing of Castro's de])arture Captain 
Fallon left his camji in the Santa Cruz Moun- 
tains, marched into San Jose, seized the Juz- 
gado and arrested I folores Pacheco, the al- 
calde. He caused I'aelieco to surrender the 
keys and puelilo anhixes as well, and ap- 
pointed James Stokes justice of the peace. On 
July 13 he hoisted an .\merican flag on the 
staff' in front of the court house, the first flag 
of the Union to wa\e in Santa Clara county. 
While in San Jose Fallon receixefl the follow- 
ing communications from Captain ]\Iontgom- 
ery, stationed at Yerba Buena (San Fran- 
cisco) : 

"U. S. Ship Portsmouth, 
"Yerba Buena, July 13, 1846 

"Sir: I have just received your letter with 
a Copy of Mr. James Stokes' appointment as 
justice of the peace of the pueblo: also a dis- 
patch from the commander-in-chief of the 
U. S. Naval Forces at Monterey, for which I 
thank you. By the ])earer of them I return a 
dispatch for Commodore Sloat. which I hope 
von will have an opportunity of forwarding to 
'Monterey. 

"I recei\ed your letter of July 12 and wrote 
to you, by the bearer of it, on the 13th in an- 
swer advising }'ou by all means to hoist the 
flag of the United States at the Pueblo of St. 
Joseph (San Jose) as you expressed to do. If 
you had sufficient force to maintain it there; 
of course you understand that it is not again 
to be hauled down 

"Agreeable to your request I send you a 
proclamation, in both languages, from the 
Commander-in-Chief, which I shall be glad to 
have distributed as far and generally as pos- 



HISTORY OF SANTA CLARA COUNTY 



sible : and be pleased to assure all persons of 
the most perfect security from injuries to their 
persons or property, and endeavor by every 
means in vour power to inspire them with 
confidence 'in the existing authorities and gov- 
ernment of the United States. 
"I am, sir, your ob't servant, 

" JOHN B. MONTGOMERY, 
"Commanding U. S. Ship Portsmouth. 
"To Capt. Thomas Fallon, Pueblo of St. 
Joseph, Upper California." 

"U. S. Ship Portsmouth. 
"Yerba Buena, July 18, 1846. 
"Sir I have just received your letter with 
the official dispatch from Commodore Sloat, 
which has been accidentally delayed one day 
in its transmission from the pueblo and am 
much obliged to you for sending it to me. 

"I am gratified to hear that you have hoisted 
the flag of our country and cannot but feel 
assured, as I certainly hope, that your zealous 
regard for its honor and glory will lead you 
nobly to defend it there. 

"I am, sir, your ob't servant, 

"JOHN B. MONTGOMERY, 

"Commander. 

"To Capt. Thomas Fallon at the Pueblo 
San Jose, Upper California." 

Before the arrival at Monterey of Commo- 
dore Sloat it was believed in many quarters 
that the English government had a covetous 
eye on California. John Parrott, a prominent 
citizen of San Francisco, was in Mexico in 
the spring of 1846, and in a position to learn 
something of British intentions. Ascertaining 
that a movement was about to be made to hoist 
the English flag over the capitol at Monterey, 
he sent a courier to Commodore Sloat warn- 
ing him that England was about to steal a 
march on the United States. The commo- 
dore immediately went to sea. He reached 
Monterey Bay, and as has been related, hoist- 
ed the American flag over the capitol on July 
7, 1846. Admiral Seymour, of the British 
navy, arrived soon afterward, but having no 
authority to inaugurate hostilities with the 
United States, was powerless. 

The necessity of holding San Jose induced 
Captain Montgomery to dispatch the purser 
of the Portsmouth, Watmough, to the pueblo 
with thirty-five marines, as soon as it was 
learned that Fallon had gone south. He made 
his headquarters at the Juzgado and strength- 
ened his command by the enlistment of a few 
volunteers. The tide of war, however, had 
flowed southward, and with the exception of 
a short expedition against the Indians of the 
San Joaquin Valley, the military operations 



did not amount to much. Watmough return- 
ed to his vessel in October. 

At this time Commander Hull of the U. S. 
sloop of war Warren, was in command of the 
northern district of California and from him 
issued commissions to Charles M. Weber as 
captain and John M. Murphy as lieutenant of 
a company to be enlisted in the land service 
to serve during the war. They raised a com- 
pany of thirty and established headquarters 
in an adobe building on the east side of what 
is now known as Lightston Street. This com- 
pany did good service in scouting the country 
and preventing depredations by the straggling 
remnants of Castro's command and in securing 
supplies for the use of the troops. 

About the time Weber and Murphy receiv- 
ed their commissions a body of emigrants ar- 
rived at Sutter's Fort where they were met by 
Captain Smith, of Fremont's Battalion, who 
had l)ecn detailed as a recruiting officer. 
Among the emigrants was Joseph Aram, who 
afterwards became an honored resident of 
.Santa Clara County. Aram immediately en- 
listed and was appointed a captain. With his 
volunteers he proceeded to escort the families 
of the emigrants to Santa Clara where he 
made his headquarters in November. The ac- 
commodations were very inadequate and the 
season being a rough one, fourteen died before 
February and many more became seriously 
ill. Captain Aram had a force of thirty-one 
men and hearing that a Colonel Sanchez with 
a large force of mounted Mexicans was threat- 
ening the Santa Clara Mission, he proceeded 
to put it in as good a condition for defenses as 
his means would permit. Wagons and even 
branches cut from the trees on the Alameda 
were used as barricades across the various 
approaches. 

At the time Captain Aram took possession 
of the Mission, Captain Mervin of the U. S. 
Navy sent Lieutenant Pinckney, of the Savan- 
nah, and sixty men to reinforce Weber and 
Murphy at San Jose. On the afternoon of 
November 2, this force took possession of the 
Juzgado and transformed it into a barracks, 
entrenching the position by breastworks and 
a ditch. Videttes were stationed on all the 
roads and a sentinel was posted on the Guad- 
alupe bridge. In addition to these precautions 
Weber and Murphy's company were almost 
continually in the saddle, scouting the country 
in all directions. This was absolutely neces- 
sarv as the Mexican Sanchez, with a large 
force, was hovering around the valley picking 
u\) stragglers and looking for a favorable op- 
]jortunity for a sudden attack. At the same 
time the Americans were anxious to meet 
Sanchez on a fair field, but the Mexican's 



HISTORY OF SANTA CLARA- COUNTY 



53 



movements were so erratic that he could not 
be brought to bay. 

In the first days of September, Sanchez, by 
means of an ambush, surprised and captured 
Lieutenant W. A. Bartlett of the U. S. sloop 
\\'arren. Bartlett was then acting as alcalde 
At San Francisco. He, with five men, were 
out looking for supplies of cattle and reached 
a point near the Seventeen Mile House in 
what is now San Mateo County, when San- 
chez and his men dashed out from the brush 
and made the Americans prisoners. Martin 
Corcoran, afterwards a prominent resident of 
San Jose, was with the captured party. The 
prisoners were taken to Sanchez camp among 
the redwoods in the foothills of the Santa 
Cruz Range. Word was brought to San Jose 
that Sanchez was somewhere in the northern 
part of the valley and Weber and IMurphy, 
with their company, started out in pursuit. 
After advancing a few miles they learned that 
Sanchez had received large accessions to his 
force and was occupying a strong position in 
the hills back of San Mateo. . Captain Weber's 
little company being too small to render an 
attack advisable, the march was continued to 
San Francisco, where Weber reported to the 
Commander. 

As soon as Weber had passed on. Sanchez 
came out of the hills and encamped on the Hig- 
uera ranch, north of San Jose. Two days later 
he started for the pueblo thinking he could 
capture it without a fight as Weber's defenders 
had gone. He took up aposition on the Alma- 
den road, south of town and sent in a flag of 
truce, demanding surrender and stating that 
he had with him two hundred men whose 
eagerness for battle could with difficulty be 
restrained ; but if the American forces would 
leave San Jose they would be permitted to 
depart unmolested. Lieutenant Pinckney re- 
fused the ofifer, doubled his guards and pre- 
pared for battle. That night was one of great 
anxiety to the little band behind the intrench- 
ments on Market Street. Every one was on 
the alert and although each nerve was strung 
to the utmost tension there was no flinching. 
During the night Sanchez circled round the 
town and carefully inspected the position of 
the Americans from every point. When he 
saw the preparations made for his reception, 
his heart failed him and he rode of? with his 
command and went into camp about five miles 
north of Santa Clara. He kept with him Lieu- 
tenant Bartlett and his men. At that time J. 
Alexander Forbes, the acting British Consul 
was at Santa Clara. Taking a small English 
flag in his hands, Mr. Forbes visited the camp 
of Sanchez for the purpose of negotiating for 
the release of the prisoners. Sanchez was will- 
ing that Bartlett might go with Forbes, but 



would not consent that Bartlett should go to 
the Americans unless they would deliver up 
Capt. C. M. Weber in his place. Forbes com- 
municated this proposition to the Commander 
at San Francisco and pending a reply took 
Bartlett to Santa Clara. Word came quickly 
that Sanchez' proposition could not be enter- 
tained and Bartlett was returned to the Mexi- 
can camp. 

During this time Weber's force in San Fran- 
cisco was joined by other forces, and placed 
under the command of Capt. Ward Marston, 
U. S. Marine Corps, of the Savannah. The 
composition of this small army was as fol- 
lows: Thirty-four marines commanded by 
Lieut. Robert^Tansell; a six pound ship's gun 
and ten men commanded by Master William 
F. D. Gough, assisted by Midshipman John 
Kell ; the San Jose Volunteers, a body of 
thirty-three mounted men nuder command of 
Capt. Chas. M. Weber and Lieut. John M. 
]\lurphy with James F. Reed, seeking relief for 
the Do'nner party, as second lieutenant : Yerba 
Buena Volunteers under command of Capt. 
^^'illiam F. Smith and a detachment of twelve 
men under command of Capt. J. }ilartin. The 
whole force numbered 101 men. They left 
San Francisco and on January 2, 1847, came 
in sight of Sanchez' forces about four miles 
north of Santa Clara. The Mexican force was 
about 250 men but notwithstanding the odds 
were two to one against them the Americans 
advanced to the attack with confidence and 
enthusiasm. Sanchez, whose scouts had 
brought him intelligence of the aproach of the 
troops from San Francisco, first sent his pri- 
soners toward the Santa Cruz Mountains and 
then with great show of valor made ready for 
battle. As soon as the x\mericans came in 
sighl of the enemy they pressed foward for 
an attack. Sanchez fell back and the Ameri- 
cans continued to advance. They brought 
their one piece of artillery into position but 
at the third round it was dismounted by the 
recoil and half buried in the mud. The infan- 
try however, kept up a hot fire, whenever 
they could get in range, which owing to the 
extreme caution of the Mexicans, was not 
often. A good deal of ground was thus tra- 
versed until finally Sanchez made a strong 
demonstration around the right flank of the 
Americans, hoping by this maneuver to cut 
off and stampede a large band of horses that 
were in the charge of the United States troops. 

The reports of the artillery and the volleys 
of the musketry had aroused the people of the 
Mission of Santa Clara. They ascended the 
house tops to witness the battle. Capt. Aram, 
with the men under his command wished to 
join the conflict, but as all the women and 
children of the country were under American 



54 



HISTORY OF SANTA CLARA COUNTY 



military protectinn. Aram did not feel at 
liberty'to abandon them, especially as Sanchez 
in his retrograde movement, was approaching 
the Mission. But when the Mexicans made 
the demonstration on the American right, he 
marched his men with <^peed to attack San- 
chez' right wing. At the same time, ^Veber 
and Murphy's company charged, the combined 
forces driving the Slexicans from the field and 
toward the Santa Cruz Mountains while the 
Americans marched in triumph to the ^lission. 
The Mexican loss was four men killed and 
four wounded. The. Americans had two meti 
slightly wounded. 

Soon after Sanchez had I.ieen driven from 
the field he sent in to the Mission a flag of 
truce offering a conditional surrender. The 
replj' was that the surrender must be uncondi- 
tional. Sanchez replied that he would die 
rather than surrender except on the conditions 
proposed by him. At last a cessation of hos- 
tilities was agreed upon until such time as his 
proposition could be submitted to the Com- 
mander of the district at San Francisco. 

During the armistice and the day after the 
battle, January 3, Capt. Aram went to the 
Mexican corral to look for some horses that 
had been stolen from the Americans. While 
in the ^Mexican camp word was brought in 
that another American force was advancing 
from the direction of the Santa Cruz Mount- 
ains. Sanchez, who seemed in great fear of an 
attack, requested Capt. Aram to go out and 
meet them and inform them of the armistice. 
As no reinforcements were e.xpected from that 
direction Aram could not imagine what this 
force could be, but he rode out to meet them. 
The acting British Consul, J. Alexander 
Forbes, accompanied him. It seems that the 
hope that England would take a hand in the 
affairs of California was not entirely aban- 
doned, for as Lieutenant Murphy stated. 
Forbes carried with him, concealed under his 
saddle, a small British flag, presumably for 
the purpose of invoking the aid of the 
strangers should they prove to be English. 
Several of the men in the escort saw the flag 
and said afterward that had an attempt been 
made to induce British interference, the bearer 
of the flag would not have survived to tell the 
story of his negotiations. As it happened, 
however, the new party proved to be a force 
of fifty nine men under command of Capt. 
Maddox of the U. S. Navy. They were disap- 
pointed to hear of the armistice but respected 
its conditions. Three days after this event 
a courier arrived from San Francisco inform- 
ing Capt. Marston that Sanchez' surrender 
must be unconditional. 

On the next day, the 7th. Lieutenant Gray- 
son arrived at the Mission with another rein- 



forcement of fifteen men and on the 8th San- 
chez unconditionall}' surrendered his entire 
force. His . men were allowed to return to 
their homes, which the majority of them did, 
to afterward become good citizens of the 
L'nited States. Sanchez was taken to San 
Francisco and for a time was held prisoner of 
war on board the Savannah. 

The battle of Santa Clara was the last of the 
hostilities in this county. The theater of war 
was transferred to the south and no hostile 
gun was afterward fired in the beautiful Val- 
ley of Santa Clara. But few months elapsed 
after this engagement before the soldiers on 
both sides were mingled together in the 
friendliest kind of business and social re- 
lations. This will not seem remarkable when 
it is remembered that the inhabitants of Cali- 
fornia had, for years, been dissatisfied with 
their relations to the ^Mexican Government. 
They had contemplated a revolution and had, 
in a manner, accomplished it when they drove • 
Micheltorena from the country. It is true they 
had no love for the United States, but that 
government having taken possession of the 
country, they accepted the situation as being 
much better than their former condition, al- 
though not what they had hoped to achieve. 
The equal justice which was administered by 
the Americans soon reconciled them to their 
lot and in a few years they congratulated 
themselves over the fact that things were 
much lietter than they had expected. 

Hostilities between the L^nited States and 
^lexico ceased early in 1848 and on February 
2nd of that year the treaty of Guadalupe 
Hidalgo was signed. By its terms California 
was ceded to the conquerors. This treaty was 
ratified by the President of the United States 
on March 16. was exchanged at Queretaro on 
May 30, and was proclaimed by the President 
on July 4th. 

California was now the property of the 
LTnited States but had neither territorial nor 
state organization. In fact it had no territor- 
ial existence until 1849. During this time its af- 
fairs were administered by the senior military 
ofiflcers stationed in California. These military 
governors were : Commodore John D. Sloat, 
July 7, 1846; Commodore Robert F. Stock- 
ton", August 17, 1846; Col. John C. Fremont, 
[anuary 1847; Gen. Stephen \V. Kearney, 
"March, 1847; Col. Richard B. Mason, May 31. 
1847; Gen. Bennett Riley, April 13, 1849. 

Capt. Thomas Fallon, who raised the first 
American flag in the Santa Clara Valley, ac- 
companied Fremont in the pursuit of Pio Pico. 
.\fter the war ended he took up his residence 
in San Jose, erecting what was then consid- 
ered the finest mansion in the pueblo. It stood 
I in San Pedro Street at its junction with what 



HISTORY OF SAKTA CLARA COUXTY 



55 



is now San Augustine Street and extended 
back to Chaliolla Alley. The grounds were 
spacious and were planted in fruit trees and 
flowering plants. Here the hospitable captain 
kept open house for years. He had three 
daughters by his first wife, a native of Mex- 
ico. They were looked upon as the three 
beauties of the pueblo. The oldest, Anita, 
married John T. Malone, who was a graduate 
of Santa Clara College and a lawyer of stand- 
ing and ability, ^^'hile he was deputy district 
attorney he was seized with the stage fever. 
Abandoning the law he studied for the stage 
and in the early eighties made his professional 
debut in San Francisco appearing as "Romeo" 
to the "Juliet" of Miss Eleanor Calhoun, a San 
Jose girl, who had adopted the stage as a pro- 
fession and who is now (1922) the wife of 
Prince Lazarovitch of Serbia. Malone starred 
several years in the East, and was secretary 
of the Players' Club, New York City when he 
died. His wife became an actress before his 
death. Another of Captain Fallnn's daughters 
married Xat J. Brittain, a prcimincnt San I'ran- 
cisco clubman. In 1862 Fallon ran for state 
senator on the Democratic ticket but was 
beaten by Joseph G. Wallis, of Mayfield, Re- 
publican. In 1867 he was the successful candi- 
date for county treasurer, defeating Moody, 
Repul.ilican, liy sixty-one votes. He held no 
other important public oflice. 

Lieut. John M. Murphy, who was Captain 
AVeber's second in command during hostili- 
ties in Santa Clara Valley during the Mexi- 
can war. was the son of Alartin Murphy, Sr., 
and after the discovery of gold, went to the 
mines, taking with him a stock of goods. He 
employed the Indians to prospect and dig for 
him and probably had more gold in his pos- 
session than other miners on the coast. He 
was the first treasurer of Santa Clara County 
and was afterward elected recorder and then 
sheriff. His wife was Virginia F. Reed, daugh- 
ter of James F. Reed and one of the sur- 
vivors of the ill-fated Donner party. Mur- 
phy has been dead for man)- years. His 
widow died in Los Angeles February 15, 1921. 

Charles M. Weber was a merchant in San 
Jose where he formed his volunteer company 
to defend the pueblo. He accjuired a large 
tract of land in the county, raised thousands 
of cattle and died in San Joaquin County many 
years ago. 

' Gold Is Discovered 

The discovery of gold in January. 1(S48, 
created the greatest e.xcitement in San Jose. 
The news came after the grain crop had been 
planteil. All business was suspended and 
ever\ljody rushed to the mines. Many suc- 
ceeded in c)btaining a good supply of the prec- 
ious metal, but many more did not succeed. 



The grain in the fields grew and ri])ened, but 
waited in A-ain for the reaper and was finally 
wasted or devoured by the roving hogs. Each 
report of a rich find intensified the excitement 
while the numerous stories of disappointment 
seemed not to allay the fever. Town and 
county were deserted. There being no crops 
for lack of harvesting all food supplies went 
up to fabulous prices. The flour used was 
brought chiefly from Chile and sold for twenty 
dollars a barrel. Everything else in the way 
of food, except meat was proportionately high. 
Labor, when it could be procured \^^^ from 
ten to eighteen dollars per day. Lumbet cost 
$100 per thousand feet for hauling alone. For 
two years the onions raised on about six acres 
of ground wdiere the Southern Pacific depot 
stands yielded a net profit of $20,000 a year. 
The two most prominent towns in Cali- 
fornia in 1848 were Yerba Buena (San Fran- 
cisco) and San Jose. AVhen the gold dis- 
co\cr}- was made Charles E. White was al- 
calde of San Jose and Llarry Bee, alguazil, or 
sheriff. All the males, with few exceptions, 
joined the stampede, leaving behind only the 
old men and the women and children. On 
account of the favorable location and quietude 
of the town men from other settlements came 
to San Jose, left their wives and families and 
then hurried off to the mines. 

Harry Bee then had under his charge in the 
calalioose ten prisoners (Indians), two of 
whom were charged with murder. When Al- 
calde White announced his intention to leave 
for the mines, Harry asked him what disposi- 
tion of the prisoners should be made. "Do 
what you like with them," was the answer. 
Harry considered a\\hile and at last came to 
the conclusion that it would never do to leave 
the Indians in the pueblo with none but 
women and children about, for he, too, had 
made up his mind to go to the mines. He 
finally determined to take the Indians along 
with him and with his father-in-law and 
brother-in-law started out. Before leaving the 
lockup the Indians promised faithfully not to 
escape and to serve Harry well in return for 
which service they would, after a time, be re- 
stored to liberty. The party located at Dry 
Diggings on the American River and for three 
months the Indians behaved splendidly. All 
tiu- dust they took out was given to their em- 
pl(jyer and they seemed to care for nothing 
except food and shelter. At the end of two 
months the miners thereabout began to talk 
to them about the shabby way in which they 
were treated, telling them that they were un- 
der no restraint, that the gold they took out 
was their own property and wound up by 
gi\ing them the curse of the aborigine, "fire 



56 



HISTORY OF SANTA CLARA COUNTY 



water." Harry sofin noticed a change in their 
manner and as he had cleaned up a good pile 
he resolved to return to San Jose. Accord- 
ingly he left the Indians in full posession of 
his claim with all the tools, etc., and departed 
homeward. He afterward learned that the In- 
dians only worked one day after his departure 
and then deNoted what dust they had in get- 
ting on a glorious drunk, which was not un- 
mixed with bloodshed. Not one of them ever 
returned to San Jose. 

Hon. S. O. Houghton, who died in Los An- 
geles a few years ago, passed through San Jose 
in the fall of '48 to find the place compara- 
tively deserted. All the male population had 
departed for the mines, business had stagnated 
and ever3-thing appeared to be going to rack 
and ruin. No provision had been made for the 
coming season. Mr. Houghton, while at Mon- 
terey on his way northward, purchased of 
Capt. Joseph Aram, a redwood board for the 
purpose of making a rocker for which he paid 
one dollar per foot. Sawmills were a paying 
business those days. After returning from the 
mines Mr. Houghton employed men in a saw- 
mill, paying them as high as sixteen dollars 
per day. When the gold excitement broke out 
the following persons were in and about San 
Jose. Moses Schallenberger, Frank Lightson, 
Charles E. White, J. W. Weeks, Ephraim 
Fravel, George Cross, A. Pfister, Isaac Bran- 
ham, Dr. Ren Cory, John M. Murphy, Thomas 
Campbell, Capt. Joseph Aram, William Gul- 
nac, Charles M. Weber, W. C. Wilson, Ed- 
ward Johnson, Peter Davidson, Josiah Belden, 
Zachariah Jones. P. Haggertv, Jonathan Parr, 
the Pyle family, M. D. Kell, 'Peter Quincy, 
Hiram Miller, Samuel Young, Joseph StillweU, 
Arthur Caldwell, James F. Reed, Clement 
Bugbee, Wesley Hoover, James Enright, 
Harry Bee. This does not complete the list, 
but nearly so. Parties were organized for the 
mines and explorations were carried on until 
just before the rainy season when the major 
part of the gold seekers returned. Before the 
opening of spring, when new expeditions had 
been fitted out, the population had largely in- 
creased and the city was left in a more secure 
condition. Numbers had already increased 
their store of gold to a satisfactory extent, 
while others wished to try their hand again. 

Killing of Young Pyle 
No single event created more interest and 
excitement in San Jose and vicinity than the 
killing of young Pyle by a ^Mexican named 
Valencia in 1847. From a great mass of 
stories the following facts have been gleaned: 
In 1847 young Pyle, son of Edward Pyle, 
visited the ranch of Anastacio Chabolla for the 
purpose of playing with the young Spanish 



lioys on the ranch. During the jilay one of 
the boys named \"alencia, a nephew of Cha- 
bolla, accidentally injured the horse of young 
Pyle. The horse was so nearly disabled that 
another had to be procured to take young 
P\le home. After young Pyle had left the 
ranch Valencia's companions began to plague 
him about his awkwardness, saying, among 
other things, that upon hearing young Pyle's 
story the parents would make Valencia's moth- 
er pay for the injury. Valencia appears to 
have been a very sensitive boy and his com- 
])anions worked his feelings up to such a pitch 
that he determined to follow Pyle and extract 
a promise to keep mum about the accident. 
Mounted on a fast horse he soon overtook 
Pyle and with a throw of the lariat dragged 
the boy from his horse. He then cut the boy's 
throat with a knife and dragged the body to 
the foothills and covered it with brush. 

When young Pyle did not return home his 
relatives and friends instituted search for him 
but without result. No clue to his where- 
abouts was discovered until 1849 and the man- 
ner of the discovery was for years a subject 
of dispute. Frederic Hall, in his history says 
that in 1849 a brother of young Pyle met in 
the San Joaquin Valley a man who said he 
knew all about the killing. He was brought 
to San Jose, the remains of the murdered boy 
were found and the arrest of A'alencia soon 
followed. 

Another story was related I.)y the late Julius 
Martin, of Gilroy. In 1849 Martin had a band 
of cattle in the vicinity of Mormon Island. 
One of his Spanish vaqueros named Camillo 
Ramero was taken ill with a fever and Martin 
brought him to his (Ramero's) home in the 
Santa Clara Valley. One night as they were 
riding near the Bernal ranch, Ramero was 
taken with a chill, and fearing that he was 
was about to die, told Martin all about the 
murder of young Pyle, who did it, how it 
was done and where the body had been hid- 
den. He said, among other things, that after 
young Pyle had been dragged from his horse, 
V'alencia rode away, but soon after meeting 
his uncle was told that if he did not go back 
and kill Pyle the Americans would hang him 
for what he had already done. The statement 
so worked on the boy's fears, that he went 
back, killed Pyle and- concealed the body near 
Silver Creek, beyond Evergreen. Martin, after 
hearing Ramero's story came at once to San 
Jose and meeting Cad. Kej-es told him what 
Ramero had confessed. Keyes chanced to find 
John Pyle in town and they made up a posse 
and arrested Valencia. 

A party consisting of Peter Davidson, John 
Pyle, William McCutchcn and a few others 
went out to fmd the murdered bov's remains. 



HISTORY OF SANTA CLARA COUNTY 



57 



They were found in the place indicated by 
Ramero. It was afterward learned that Va- 
lencia had been living a life of torment ever 
since the commission of the deed. From the 
place where he lived to the spot where he 
had hidden the body of his victim a path had 
been worn b}- frequent visits. It was said 
that hardl}- a night passed without seeing him 
trudging the lonel}" jiath tn the grave of his 
victim. After his arrest A'alencia was arraigned 
before R. H. Dimmick, Judge of the First In- 
stance. He confessed to the crime before his 
trial and the trial resulted in a conviction. 
The execution took place on Market Plaza in 
the presence of Judge Dimmick and a large 
number of spectators. 

Local Government 

Pending the meeting of the convention and 
the adoption of a new state constitution in 
Monterey in October, 1849, the country was 
ruled provisionally b}' American officials. Each 
large settlement had for chief officers an al- 
calde, who under Mexican laws had the en- 
tire control of municipal affairs and adminis- 
tered justice pretty much according to his own 
ideas on the subject, without being tied down 
by precedents and formal principles of law. 
He could make grants of Iniilding lots within 
the town boundaries to intending settlers and 
really his right of administration, except in 
cases of grave importance, seems to have been 
limited only by his power to carry his de- 
crees into effect. When the Americans seized 
the country' they were obliged to make use of 
the existing machinery of local government 
and the customary laws that regulated it. They 
accordingly everywhere ap])ointe(l alcaldes of 
towns and districts and instructed them to dis- 
pense justice in the best possible manner, pay- 
ing always due regard for the national laws 
of Mexico and the provisional customs of Cali- 
fornia. 

Such was the condition of the town gov- 
ernment when that memorable year, 1849, 
opened. The rulers in the Pueblo of San Jose 
were as follows; H. K. Dimmick, to August, 
first alcalde: Richard M. May, from August 
to November, first alcalde; John C. Conroy, 
from November, first alcalde ; Jose Fernandez, 
second alcalde ; John T. Richardson, from No- 
vember 2 to December 3, judge of the first 
instance; W. M. Kincaid, from December 3, 
judge of the first instance. The Juzgado, or 
court house, was located on Market Street, 
corner of El Dorado (now Post). It was 
built of adobe and had a primitive and weather- 
beaten appearance. 

In 1847 a survey of the town had been made 
and streets laid out and in 1849 the three 
main thoroughfares were Market, First and 



Santa Clara streets, the last named taking the 
lead as far as travel and business were con- 
cerned. There were but few business houses 
early in the year. Lightston & Weber held 
forth in an adobe building on the southeast 
corner of Santa Clara and Lightston streets. 
There was no hotel in town then and emigrants 
or strangers had the alternative of either 
sleeping in the open air or paying as high as 
$50 a month for a place on the floor in the 
second story of Lightston & Weber's store or 
other adobe structures. Josiah Belden and 
W. R. Basham trafficked in a tile-roofed build- 
ing on Market street at the corner of San An- 
tonio street. J. D. Hoppe had a store in an 
adobe on the corner of RIarket and El Dorado 
streets and William AlcCutchen and B. H. 
Gordon (afterward a farmer in the San Felipe 
X^alle}) did business in a frame structure on 
First street, near the corner of Santa Clara 
street. On the Knox Block corner stood the 
handsomest and most aristocratic looking 
adobe residence in the pueblo. It was occu- 
pied by Thomas and Frank West and what 
was a wonder in those days, it was plastered 
on the inside. From that building down to 
Market Street, a mustard patch flourished in 
all its pristine vigor. The bucolic appearance 
was relieved somewhat by a collection of mus- 
tard huts put up by the native California popu- 
lation. The long, hardy stalks were selected 
and with the aid of a few willow branches 
and a liberal supply of adobe mud, a com- 
fortable abiding place was constructed. No 
pains appear to have been spared by these 
children of the plains and the Sierras in thor- 
oughly ventilating their dwellings, and as ven- 
tilation and health go hand in hand, it is not 
to be wondered at that the occupants were 
strong-limbed, hardy and long-lived. 

Antonio Maria Sunol sold general merchan- 
dise at his residence on the west side of Mar- 
ket Plaza and a Chilean firm did business in 
Peter Davidson's adobe building on San Pedro. 

There were a number of private residences, 
constructed of adobe, in and about the pueblo 
and many tents and a few wooden buildings 
put up for temporary use by the Americans. In 
1849 the town began to increase rapidly in 
population, on acct)unt of the discovery of gold, 
the ciinsei|uent tide of immigration and the 
ail\ aiita,i.;-(_'s altered by San Jose as a place of 
residence. The women of '49 deserve a larger 
share of praise and credit than has generally 
been accorded them. They were not hot- 
house plants, nor spoiled beauties, narrow- 
waisted, weak-chested and doll-faced, who 
manifested more regard for fashion and the 
latest novel, than housework. They were 
women of force and worthy coadjutors of the 
men who laid the l)asis for the grand civili- 



58 



HISTORY OF SANTA CLARA COUNTY 



zation of today. The habitations (adobe, tent 
or shack) were not supplied with the many 
conveniences of today. Many of the house- 
hold utensils were of primitive design and in 
the matter of groceries the stock was not as 
e.xtensive and varied as may be seen in these 
later days. In place of the handsome and 
convenient range, or gas stove, with labor- 
saving and handy accessories, they were 
obliged to put up with an adobe fireplace or 
two sticks driven into the ground, forked at 
their upper ends with a third stick laid across 
the top upon which the kettles and pots were 
suspended above the fire underneath. They 
did not have any bell-knocker or electric but- 
ton .on or near the front door, nor a parlor 
with a piano and lots of chromos in it. In 
the majority of cases the kitchen, dining room, 
bedroom, sitting room and parlor were one 
and there was generall}^ an absence of car- 
pets and wallpaper. The women worked hard 
in those days, adapting themselves cheerfully 
to the rough conditions. Many of them are 
now living in costly dwellings, surrounded 
by appurtenances of wealth, refinement and 
ease. They deserve the success they and 
their husbands have achieved and it is all the 
more enjoyable after the hard experiences of 
the early days. 

Early Buildings of San Jose 
In the latter part of "49 the Bella Union 
Saloon was erected on a portion of the ground 
now occupied by the Auzerais House on Santa 
Clara Street. The proprietors were Joseph W. 
Johnson and a Mr. Whitney. The Mansion 
House was begun by J. S. Ruckel on the 
ground where now stands the old Music Hall 
building on North First street; and the City 
Hotel on the opposite of the street was com- 
pleted and opened to the public. Mine host 
was Peter Quincy, (since deceased) and the 
prices charged for board and lodging were 
high enough to allow a lioniface to get rich 
in a montli. 

. Where the Bank of Italy building now 
stands was a large cattle corral and to the 
east and .south plains of mustard greeted the 
eye, an adobe house, occupied by a native 
Californian, now and then dotting' the waste 
and relieving the monotonous expanse. The 
mustard stalks grew as high as young trees — 
higher than a man's head and it was the easiest 
thing in the world to take a walk in the shade 
of the yellow Ijranches and get lost! 

The grand public place was the Plaza, then 
hard, level and treeless. Here the native Cali- 
fornians were in the habit of congregating and 
enjoying themselves according to the customs 
that had been handed down for generations. 
Horse racing, bull fights, e<|uestrian feats, fan- 



dangos and other divertissements made up the 
program of pleasure. 

Vivid Description of Early Days 

The condition of affairs in San Jose at this 
time was graphically described by the late 
"Grandma" Bascom in a story transcribed by 
Mrs. M. H. Field, which appeared in the Over- 
land Monthly in 1887. The following excerpts 
are made : 

"We reached Sacramento the last day of 
October. Then we took a boat to San Fran- 
cisco. It rained and rained. I remember that 
at Benicia w^e paid $15 for a candle. At San 
Francisco we hoped to find a house all ready 
to be put together, which the Doctor had 
bought in Nevr York and ordered sent around 
the Horn. He had also sent in the same cargo 
a great lot of furniture and a year's supply 
of provisions, but they never came until the 
next April and then everything was spoiled 
but the house. We had also bought in San 
Francisco two lots for $1,700 each. The best 
we could do w-as to camp on them. The first 
night in San Francisco Mr. Bryant came to 
take supper with us and the Doctor, to cele- 
brate, bought $5 worth of potatoes. We ate 
them all for supper and didn't eat so very 
many of them, either. 

"We had intended from the first to come to 
the Santa Clara \'alley, for the Doctor said 
that wherever the Catholic Fathers had picked 
out a site it must be a good one. The chil- 
dren and I stayed in the city while the Doc- 
tor went on horseback to San Jose and bought 
a house fo.r us. Then he came back and we 
started for San Jose with Professor Jack, 
wJiile the Doctor stayed in the city to buy and 
ship furniture and provisions to us. We came 
to Alviso in the boat and paid $150 in fare, 
just for me and the children. From Alviso 
we came to San Jose by the Pioneer stage 
through fearful mud and pouring rain, pay- 
ing an 'ounce' each for fare. On the boat 
I got acquainted with two nice gentlemen, both 
ministers, whose names were Brierly and 
Blakeslee. They, too, were coming to San 
Jose : also a Mr. Knox. 

" 'We haven't any place to lay our heads 
when we get there,' one of them said. 

"'Well, I've got a house.' said 1, just as 
if 1 was in Kentucky, "and if you can jnit u]) 
with what I'll have to you can come with me 
and welcome.' So we were all driven straight 
to my house at the corner of Second and 
San Fernando streets. It was dark and tiie 
10th of December. 

"The house had been bought from a Mrs. 
Matthews and she was still in it. Doctor had 
l>aid $7,000 for the house and two fifty vara 
K)ts. I expected to see at least a decent shel- 



HISTORY OF SANTA CLARA COUNTY 



59 



ter, hut oil, my! it was just as one of the cliil- 
dren said, ']\Iost as good as our old Kentucky 
corn crib.' It had two rooms and a loft which 
was climbed into by a kind of ladder. The 
roof was of shakes and let the rain right 
through, and the floor was of planks, laid 
down with the smooth side up with great 
cracks l^etween to let the water run out. I 
was thankful for that. There was a chimney 
in the house and a fireplace, but hardly a 
bit of fire and no wood. It was rather a 
forlorn place to come to and bring visitors to, 
now wasn't it? Yet we had been through so 
much that the poorest shelter looked good to 
me and besides it was our new home. We 
must make the best of it. Mrs. Matthews 
had a good supper for us on the table and 
the children were overjoyed to see a real table 
cloth once more. 

" 'Will you tell me where I can get some 
wood?" I said to Mrs. Matthews, thinking that 
a fire would be the best possible thing for us 
all. 'You can buy a burro load in the morn- 
ing,' she answered. 'I've used the last bit 
to get supper with?' Well, the end of it was 
that we took our supper and went to bed — 
not on our nice Kentucky feather beds, but 
on buffalo skins spread on the floor and with- 
out any pillows. Mr. Knox, Mr. Blakeslee 
and. Mr. Brierly climljed up into the loft and 
turned in as best they could. Mr. Knox \vas 
sick but I couldn't even give him a cup of 
hot tea. I said to Mrs. Matthews that I wished 
I could heat a stone to put to his fee-t. 'Stone !' 
said she. 'There are no stones in this country.' 
"We slept as if we were on downy beds, 
we were so tired. The next morning I bought 
a l)urrii load of wood for an 'ounce'. Every- 
thing cost an 'ounce'. I soon got used to it. 
Wheat was 75 cents a pound, butter $1 a 
pound, eggs $3 a dozen. A chicken cost $3, 
milk $1 a quart. But the prices matched all 
around. Doctors charged $5 for pulling a 
tooth and other things were in proportion. I 
don't know as if it made any difference. I 
divided my mansion into four rooms, with 
curtains. Doctor came and brought us furni- 
ture and all the comforts money could buy. 
He paid $500 to get shingles for our roof. 
Mr. Blakeslee and Mr. Brierly stayed with us. 
We all seemed to get on well together. It 
was not till spring that the Doctor found a 
black man who could cook. He paid $800 
for him. Folks said he wouldn't stay — for, of 
course, he was free in California — but he did. 
He lived with us for four years. 

"People began to ask if they couldn't stay 
with us till they found some other home, and 
then, somehow, they stayed on. Everybody 
had to be hospitable. The Legislature was 
then in session and the town was more than 



full. The first thing I knew I had thirteen 
boarders — senators and representatives, minis- 
ters and teachers. Nobody who came would 
go awa}-. I could always manage to make peo- 
ple feel at home, and they would all say they 
would put up with anything and help in all 
sorts of ways, if I would only let them stay. 
Mr. Leek (he was the enrolling clerk of the 
Legislature) was a wonderful hand at making 
batter cakes. We got a reputation on batter 
cakes and our house was dubbed "Slapjack 
Hall" by my boy, Al. It stuck to us. Mr. 
Bradford, of Indiana, could brown coffee to 
perfection. 

"J.Ir. Orr and IMr. ^Mullen always brought 
all the water. They were senators. I used to 
think they liked the job because there was a 
pretty girl in the house where they got the 
water. And that reminds me that several 
families got water frnm the same well. It 
was just a hole in the i;r..unil, about eight or 
ten feet deep and no curl) around it. Once 
a baby was creeping on the ground and fell 
into it. The mother saw it and ran and jumped 
in after it. Then she screamed and I ran 
out. There she was in the well, holding the 
baby upside down to get the water out of its 
lungs. 'Throw me a rope,' she screamed and 
I ran for a rope. Then she tied it around the 
baby and I drew it up. Meanwhile our cries 
brought men to the rescue and thej' drew up 
the ]ioor woman. W'e kept the well covered 
after that. 

"Before we got the black man it seemed im- 
possible to get a cook. We even had a wom- 
an come down from San Francisco, but she 
didn't stay when she found we really expected 
her to cook. She said she was a niece of Amos 
Kendall and wasn't going to cook for any- 
body. Professor Jack helped me steadily and, 
as I said, everybody lent a hand. We had a 
very ga}' time over our meals and everybody 
was willing to wash dishes and tend baby. 
I used to go to the Legislature and enjoy the 
fun there as much as the members enjoyed 
my housekeeping. The March of that winter 
was something to remember. People used 
to get swamped on the corner of First and 
Santa Clara streets. A little boy was drowned 
there. It was a regular trap for children. 

"Oh, did I tell you I built the first church 
and the first schoolhouse in San Jose? I did. 
I built it all with my own hands and the only 
tool I had was a good, stout needle. It was 
the famous 'Blue Tent' you have heard of. 
Mr. Blakeslee asked me if I could make it 
and I told him of course I could. He bought 
the cloth and cut it out. It was of blue jean 
and cost seventy-five cents a yard. The Pres- 
byterian Church was organized in it and Mr. 
Blakeslee had a school in it all winter. 



60 



HISTORY OF SANTA CLARA COUNTY 



"We had a good deal of party-going and 
gave entertainments just as if we had elegant 
houses and all the conveniences. Some of the 
Spanish people were very stylish. The ladies 
had dresses rich as silk and embroidery could 
make them, and in their long, low adobe 
houses there were rich carpets and silk cur- 
tains trimmed with gold lace. I w^ent to the 
first wedding in one of those houses. Miss Pico 
married a Mr. Campbell. It was very grand, 
but the odd dresses and the odd dishes upset 
my gravity more than once. Governor and 
Mrs. McDougall lived in an adobe house on 
Market street and they had a grand party 
there. I had a party, too, one day and asked 
all the ladies of my acquaintance. Mrs. Bran- 
ham had given me six eggs and I made an 
elegant cake which I was going to pass around 
in fine style. I began by passing it to one 
of the Spanish ladies and she took the whole 
cake at one swoop, wrapped it up in the 
skirt of her gorgeous silk dress and said, 
'Mucha gracias'. I was never so surprised in 
my life, but there was nothing I could do. 
The rest of us had to go without cake that 
time. 

"Cattle and horses ran about the streets 
and there were no sidewalks. We just had to 
pick our way around as best we could. 

"In the spring my piano came. It was sent 
by way of the Isthmus. It was the first piano 
in San Jose. It made a great sensation. Ev- 
erybody came to see it and hear my little 
girl play. Indians and Spanish used to crowd 
around the doors and windows to hear the 
wonderful music, and many a white man, too, 
lingered and listened because it reminded him 
of home. 

"We moved into a better house in the spring, 
very near where the Methodist Church South 
afterward stood. We paid $125 a month for 
it. But when I look back it seems that I 
never had such an intellectual feast as I had 
in old 'Slapjack Hall'. The gentlemen who 
figured as cooks in my kitchen were the most 



intelligent and agreeable men you can imagine. 
They were all educated and smart and they 
appeared just as much like gentlemen when 
they were cooking as when they were mak- 
ing speeches in the Legislature. I don't be- 
lieve we ever again had such a choice set of 
folks under our roof here in San Jose. Doctor 
and I felt honored in entertaining and yet 
they paid us $20 a week for the privilege. 

"Of course you know General Fremont and 
his wife were here that winter and I knew 
them both. Mrs. Fremont's sister, Mrs. Jones, 
and I were great friends. Yes, indeed, there 
never were finer people than my boarders and 
neighbors in '49. Let me see : There were the 
Cooks and Hoppes and Cobbs and Joneses, the 
Branhams and Beldens and Hensleys and Wil- 
liams, the Bralys, the \\'esters and Crosbys, 
Murphys, Dickensons. Hendersons. Kincaids, 
Campbells. Reeds, Houghtons, Tafts and 
Moodys. Then amongst them were the Picos 
and Sunols. Very likely I have forgotten 
a great many, just telling them off in this 
fashion, but I never forgot them, really. Many 
of the best citizens of San Jose now, with 
their wives and children, yes, and grandchil- 
dren, were slim young fellows in those days 
who had come to California to seek their for- 
tunes. Fine, enterprising boj-s they were, too. 
Some of them boarded with me! C. T. Ryland 
and P. O. Minor were inmates of 'Slapjack 
Hair and Dr. Cor}- and the Reeds will re- 
member it well. 

"In 1852 we moved out on the Stockton 
ranch and bought our own farm in Santa Clara 
on which we built our permanent home, Som- 
erville Lodge. I remember we paid our head 
carpenter $16 a day. The house cost us $10,- 
000. It would not cost $1,000 now. We bought 
seeds for our garden and an ounce of onion 
seed cost an ounce of gold. We paid $6 each 
for our fruit trees. A mule cost $300; a horse 
$400. But doctor's services were just as high- 
priced and so we kept even." 




CHAPTER III. 



San Jose as the Capital of the State — Meeting of the First Legislature — The 
Removal to Vallejo — Land Grants and Suertes — A Trumped-up Robbery 
— Settlers' War — Fourth of July Celebration. 



Between the years 1846 and 1849 California 
remained under the control of the United 
States military forces. A military commander 
controlled affairs, but there was no real gov- 
ernment. As long as the war lasted it was only 
natural to expect that such would be the case 
and the people made no protest, but after peace 
was declared and the military rule continued 
much dissatisfaction was aroused. With the 
changed views of the people. General Riley, 
the military commander, entirely sympathized. 
When it was found that Congress had ad- 
journed without effecting anything for Cali- 
fornia, he issued a proclamation — June 3, 1849, 
— calling for a convention. The proclamation 
stated the num1)er of delegates which each 
district should elect and also announced that^ 
ap]5ointments to judicial offices would be made* 
after being voted for. The delegates from 
tbe Santa Clara \^alley district were Joseph 
.\rani, Kimball IT. Dimmick, Antonio M. Pico, 
Elam Brown. Julian Hanks and Pedro Sain- 
sevain. 

Constitutional Convention 
C)n September 1, 1849, the Convention met 
at Monterey, Robert Semple, of Benicia, of 
the district of Sonoma, being chosen presi- 
dent. The session lasted six weeks and not- 
withstanding an awkward scarcity of books of 
reference and other necessary aids, much la- 
bor was performed, while the del^aters exhib- 
ited a marked degree of ability. In framing 
the original constitution of California, slavery 
was forever prohibited within the jurisdiction 
of the state ; the boundary question between 
the United States and Mexico was set at rest; 
provision for the morals and education of the 
people was made ; a seal of state, with the 
motto Eureka was adopted and many other 
pertinent subjects were discussed. The con- 
stitution was duly framed, submitted to the 
people and at the election on November 13 
was ratified and adopted by a vote of 12,064 
for and eleven against it ; there being besides 
over 1,200 ballots that were treated as blanks 
because of an informality in the printing. On 
the occasion the vote of the district of San 
Jose was 567 for and none against its adop- 
tion, while 517 votes were cast for Peter H. 
Burnett for governor and thirty-si.x votes for 



W. S. Sherwood. The popular voice also made 
San Jose the capital. 

During the session of the Convention, the 
residents of San Jose in public meeting, elect- 
ed Charles White and James F. Reed a com- 
mittee to proceed to Alonterey and use their 
utmost endeavors to have San Jose named 
m the constitution as the state capital. They 
found a staunch opponent in Dr. Semple, the 
president, who coveted the honor for his home 
town, Benicia. But the San Joseans were not 
discouraged by this opposition. They prom- 
ised to have ready a suitable building by the 
15th of December, about the time when the 
Legislature would be ready to sit — a rash 
promise when is considered the fact that such 
an edifice had not been completed in the town. 
San Jose was selected as the capital and it 
was now up to the residents to provide a 
building for the sessions. In that year there 
stood on the south half of lot si.x — the east 
side of Market Plaza — a large adobe structure, 
erected l:>y Sainsevain and Rochon, which was 
meant for a hotel. This structure the town 
council tried to rent for the legislative ses- 
sion, but the price was so exorbitant — $4,000 
per month — that is was deemed best to pur- 
chase the buildin,-- (.iitri,i,'-ht : but here the pro- 
prietors declined tn take the pueblo authori- 
ties as security. Now it was that the residents 
of means stepped in and saved the day. Nine- 
teen of them executed a note for the price 
asked, $34,000, with interest at the rate of eight 
per cent per month. The nineteen were R. W. 
May, James F. Reed, Peter Davidson, William 
McCutchen. Joseph Aram. David Hickey, 
Charles White, Frank Lightston, J- D. Hoppe,' 
Peter Quincy. K. C. Keves, W. H. Eddv' 
Benjamin Cory, K. H. Dimmick, J. C. Cobb, 
P. Sainsevain, Josiah Belden, Isaac Branham 
and J. C. Cook. A conveyance was made to 
Belden, Reed and Aram, to hold the premises 
in trust for the purchasers. An appropria- 
tion of $50,000, purchase money for the build- 
ing, was made by the Legislature, and bonds 
bearing interest at the rate of two and one- 
half per cent per month, were issued. Un- 
fortunately the credit of the territory was be- 
low par and the bonds were sacrificed at the 
rate of forty cents on the dollar. The amount 
received by the sale was used in partial liqui- 



62 



HISTORY OF SAXTA CLARA COUNTY 



dation of the debt, the indebtedness remain- 
ing being subsequently the cause of vexatious 
and protracted legislation. 

First Legislature Convenes 

On Saturday, December 15, 1849, the first 
Legislature of California met at San Jose. E. 
Kirby Chamberlain was elected president pro 
tem of the Senate and Thomas J. White, 
speaker of the Assembly, which august body 
occupied the second story of the State House. 
The lower portion, intended for use of the 
Senate, not being ready for occupancy, the 
senators were taken, for a short period, to 
the house of Isaac Branham, located on the 
southwest corner of Market Plaza. On the 
opening day there were only six senators 
present. The following day Governor Riley 
and his secretary, H. W. Halleck, afterward 
a distinguished general in the L^ S. Army, 
arrived and on ^Monday nearly all the mem- 
bers were in their places. 

At the start considerable dissatisfaction over 
the poor accommodations at the State House 
was manifested and only four days after open- 
ing for business George B. Tingley, a mem- 
ber from Sacramento, introduced a bill to 
move the capital to Monterey. It passed its 
first reading and then died a natural death. 

On the twentieth of December, 1849, Gov- 
ernor Riley turned over his office to Governor 
Peter H. Burnett and on the same date Sec- 
retary Halleck was relieved of his duties and 
K. H. Dimmick was appointed Judge of the 
Court of First Instance. 

The personnel of the first Legislature of 
California wa^ as follows : Senators — David 
F. Douglass, M. G. Vallejo, Elcan Heyden- 
feldt, Pablo de la Guerra, S. E. Woodworth, 
Thomas L. Vermeule, ^V. D. Fair, Elisha O. 
Crosb}', D. C. Broderick, E. Kirby Chamber- 
lain, J. Bidwell, H. C. Robinson, B. J. Lippin- 
cott. 

Assemlilvmen — Elam IJrown, J. S. K. Ogier, 
E. B. Bateman, Ivlmund Randolph, E. P. Bald- 
win, A. P. Crittenden, Alfred Wheeler, James 
A. Gra3% Joseph Aram, Joseph C. Morehead, 
Benjamin Corv, Thomas J. Henlev, Jose M. 
Corvarrubias, "Elisha \\". McKinstry. Geo. B. 
Tingley. 

On the twentieth of December two United 
States senators were elected, the lucky ones 
being Col. John C. Fremont and Dr. William 
M. Givin. On the following day Governor 
Burnett deli\crcd his message. 

Removal of Capital 

The next legislative move of importance 
was the attempt to remove the capital. Gen. 
Mariano Guadalupe \'al!ejo, senator from the 
District of Sonoma, and owning lordly acres 



to the north of San FVancisco Bay, addressed 
a memorial to the Senate, dated April 3. 1850. 
pointing out the advantages possessed by the 
site of the town of Vallejo over San Jose and 
the other places bidding for the state capital. 
To secure the boon the General ofifered to 
grant to the state, free of cost, twenty acres 
for a capitol and grounds, with 136 acres added 
for other state buildings ; and in addition to 
this he agreed to donate and pay over to the 
state, within two years, the large sum of $370,- 
000, to be devoted to the construction of build- 
ings anil their furnishing. San Jose strove 
hard to retain the prize. The citizens did ev- 
erything in their power to make things pleas- 
ant for the legislators. Their pay. sixteen dol- 
lars a day, was received in state scrip, by no 
means at par value in the market. To 
propitiate them the hotel keepers and trades- 
men consented to take the scrip at its face 
value. This of¥er created a good impression 
but was not sufficient in force to offset the 
ofifer of Vallejo. Seeing that the tide was turn- 
ing against them, the San Joseans, through 
James F. Reed, offered four blocks of land 
and 160 lots, the lots to be sold to raise money 
•for the building of the capitol. Another bid 
was that of Charles White, who tendered one 
and one-half square miles of land, upon the 
condition that the state should lay it out "in 
lots for sale, reserving a portion sufficient for 
buildings and that one-third of the sum so 
realized should be paid to him and the bal- 
ance given to the state for building purposes. 
A third olTer, of 200 acres, made by John 
Townsend carried the stipulation that all the 
state buildings, save the penitentiary, should 
be placed thereon. 

On receipt of Gen. \'allejo"s memorial to 
the senate, a committee was appointed, with 
instructions to consider all the oft'ers made 
and report. On April 2, 1850, the report was 
made. It concluded with these words: "Your 
Committee cannot dwell with too much 
warmth upon the magnificent propositions 
contained in the memorial of General Vallejo. 
They breathe throughout the spirit of an en- 
larged mind and a sincere public benefactor, 
for which he deserves the thanks of his coun- 
trymen and the admiration of the world. Such 
a proposition looks more like the legacy of 
a mighty emperor to his people than the free 
donation of a private planter to a great state, 
yet poor in public finance but soon to be 
among the first of the earth." The report, 
which was presented by Senator David C. 
P)roderick (who was killed by Judge Terry 
in a duel in 1859) of San Francisco, goes on 
to iK)int out the necessities that should gov- 
ern the site for California's capital, recapitu- 
lates the ad\antages pointed out in the me- 



HISTORY OF SANTA CLARA COUNTY 



63 



niorial and finally recunimends the acceptance 
of General \'allejo's offer. 

The acceptance did not pass the Senate 
without some opposition and considerable 
delay. On September 9, 1850, California was 
admitted into the Union and on February 14, 
1851, during the last session of the Legisla- 
ture in San Jose, the Act of Removal was 
passed, and on May 1 of that year the Legis- 
lature adjourned, but the archives were not 
removed to Vallejo until later. The third 
Legislature convened at Vallejo January 5, 
1852; seven days later it was transferred to 
Sacramento: January 3, 1853, it met again at 
Vallejo : it was removed to Benicia on Feb- 
ruary 11 of the same year, where it remained 
until the end of the session, and then by enact- 
ment the capital was permanently located at 
Sacramento, where it has since remained. 

The question of the legality of the removal 
was brought up in 1854 before the Supreme 
Court, when a majority of the justices, Hey- 
denfeldt and Wells, held that according to 
law San Jose was the capital of the state. 
Thereupon the following order was made: 

"It is ordered that the sheriff of Santa 
Clara County procure in the town of San Jose 
and properly arrange and furnish a court- 
room, clerk's office and consultation room, for 
the use of the court. It is further ordered 
that the clerk of this court forthwith remove 
the records of this court to the town of San 
Jose. It is further ordered that the court will 
meet to deliver opinions at San Jose, on the 
1st Monday in April, and on that day will 
appoint some future day of the term for the 
argument of cases. 

'•HEYDENFELDT. [. 
"WELLS, T- 
"Attest: D. K. Woodside, Clerk." 

.\ writ of mandamus on the strength of the 
foregoing was issued from the Third District 
Court against all the state ofiicers, command- 
ing that they remove tiicir offices to San 
Jose or show cause wh}- the}" should not do 
so. The argument was heard and the theory- 
maintained that San Jose was the proper 
capital of the state. An appeal was taken to 
tlie Supreme Court. In the meantime Justice 
Wells had died, his place being filled by Jus- 
tice Hr}-ant. In the appeal the Su])reme Court 
decided' that San Jose was not the state cap- 
ital, from which decision Justice Heydenfeldt 
dissented. 

The first Legislature passed an act that 
gave San Jose its first legal incorporation un- 
der L'nited States rule. The act was passed 
in ?^larch, 1850, and on April 11 the Ayunta- 
miento held its last meeting. The new com- 
mon council held its first meeting under the 
charter on the 13th. 



First July 4th Celebration 

The anniversary of American Independence 
was i>atriotically remembered in the first year 
of civil administration in California. San Jose 
held a grand celebration and much more in- 
terest was felt than on such occasions in the 
eastern states. Fred Hall, in his history, says : 
"The isolation from the other states made the 
feeling of national pride increase. We felt 
as though we were in a foreign land and the 
tendency was to vivify and brighten the love 
of the whole country in every American. On 
that occasion the Hon. A\'illiam Voorhies de- 
livered the oration: James M. Jones also deliv- 
ered one in Spanish for the benefit of the 
Mexicans present. Mr. Sanford, a lawyer 
from Georgia, read the Declaration of Inde- 
penrlence. Thirteen young ladies dressed in 
blue sjiencers and ^^•hite skirts rode mi horse- 
back, followed l.v the l-.agU- Guar,!.-,, com- 
manded by Cai)t.' Tli..nias White: also 500 
citizens, some on horseback, some in carriages 
and some afoot, made up the national pageant 
that wound its way to the south of town, a 
mile or more, in the grove near the Almaden 
road; and there the ceremony was ])erforme(l 
to the great pleasure and pride of the .\meri- 
can settlers in the new country." 

Boundaries of Santa Clara County 

V'hile the Legislature was in session in San 
Jose the boundaries of Santa Claia C.nuit\- 
were defined. The county original!} nulnded 
the township of Washington, of Alameda 
County, but this was cut off ami the county 
reduced to its present limits, as folloxA's: Be- 
ginning at a point opposite the mouth of the 
San Francisquito, being the common corner 
of Alameda. San Mateo and Santa Clara coun- 
ties : thence easterly to a point at the head of 
a slough which is an arm of San Francisco 
Bay at its head, making into the mainland in 
front of the Gegara rancho ; thence easterly 
to a lone sycamore tree that stands in a ravine 
between the dwellings of Flujencia and Valen- 
tine Gegara ; thence easterly up said ravine 
to the top of the mountains as surveyed by 
Horace A. Higley ; thence in a direct line east- 
erly to the common corner of San Joaquin, 
Stanislaus, Alameda and Santa Clara counties 
on the summit of the Coast Range; thence 
soittheasterly, following the summit of the 
Coast Range to the northeast corner of Mon- 
terey County ; thence westerly, following the 
northern boundary of ]\Ionterey Count}' to 
the southeast corner of Santa Cruz County ; 
thence northwesterly, following the summit of 
the Santa Cruz Mountains to the head of San 
Francisquito Creek : thence down said creek 
to its mouth ; thence in a direct line to the 



64 



HISTORY OF SANTA CLARA COUNTY 



place of beginning. Containing about 1,300 
square miles. 

The county government was first adminis- 
tered by the court of sessions, which held 
jurisdiction until 1852, when the board of su- 
pervisors was created. In 1854 the govern- 
ment again went into the hands of the court 
of sessions, where it remained until the next 
year, when the board of supervisors was re- 
vived to administer the at¥airs of the county 
ever since. Following is a list of those who 
have administered the county government 
from the date of organization to the present 
time : 

On the 1st day of June, 1850, the court of 
sessions was organized with J. W. Redman 
president, and Caswell Davis and H. C. Smith 
associate justices. 

July 5. 1850— J. W. Redman, president; 
John Gilrov. Caswell Davis, associates. 

August 18, 1850— J. W. Redman, president ; 
Charles Clavton and Caswell Davis, associates. 
October 6, 1851 — J. W. Redman, president; 
R. B. Buckner and Marcus Williams, asso- 
ciates. 

December, 1851— J. \V. Redman, president; 
Cyrus G. Sanders and Marcus Williams, as- 
sociates. 

May 14. 1852— J. ^V. Redman, president: 
Peleg Rush and Cyrus G. Sanders, associates. 
An election for supervisors was held June 
3, 1852, and the new board was organized as 
follows: Isaac N. Senter, chairman; Fred E. 
Whitney, William E. Taylor, Jacob Gruwell, 
associates. 

December 6, 1852 — L. H. Bascom, chairman; 
John B. Allen, A. M. Church, Levi Goodrich, 
Joseph C. Boyd, associates. 

September 7, 1853 — George Peck, chairman ; 
Daniel Murphy, R. G. Moody, William Dan- 
iels, W. Gallimore, associates. 

In April, 1854, the court of sessions again 
took charge. It was composed as follows : R. 
B. Buckner, president; Caswell Davis, Thomas 
Vermuele, associates. 

October 1, 185-1 — R. B. Buckner, president; 
Caswell Davis, C. G. Thomas, associates. 

On April 9, 1855, another board of super- 
visors was elected. The organization of the 
board from that time has been as follows: 
April 1, 1855 to November, 1855 — Samuel 
Henderson, W. R. Bassham, Daniel Murphy. 
November, 1855, to November, 1856 — W'. R. 
Bassham, W. R. Bane, Samuel Morrison. 

November. 1856, to October, 1857— Gary 
Peebels, China Smith, D. R. Douglas. 

October, 1857, to October, 1858— Joseph H. 
Kincaid, Samuel A. Ballard, Albert Warthen. 
October, 1858, to November, 1859— John M. 
Swinford, H. D. Coon, Eli Jones; Isaac Bran- 
ham served vice Jones. 



November, 1859, to December, 1860— H. D. 
Coon, H. J. Bradley, Isaac Branham. 

December, 1860, to October, 1861— H. J. 
Bradley, W. M. Williamson, H. D. Coon. 

October, 1861, to November, 1862— H. J. 
Bradley, W^ M. W^illiamson, J. H. Adams. 

November, 1862, to March, 1864— W. M. 
Williamson, J. H. Adams, S. S. Johnson. 

March, 1864, to March, 1866— John A. 
Quinby, Chapman Yates, L. Robinson, J. A. 
Perkins, Frank Sleeper. 

March, 1866, to March, 1868— John A. 
Quinby, Frank Sleeper, lohn A. Perkins, J. 
Q. A. Ballou, Frank Cook. 

March, 1868, to March, 1870— David Camp- 
bell, John Cook, William H. Hall, W\ H. 
Patton, Oliver Cottle. (Cottle served vice 
Ballou, ^vho resigned.) 

-March, 1870. t.. March, 1872— David Camp- 
bell, W. 11. Hall. W. H. Patton. J. M. Battee, 
SaniiK-1 1. [amisiin. 

-March. 1872, to March. 1874— J. M. Battee, 
William Paul, W. X. Furlong, S. I. Jamison, 
1. W. Buulware. 

Alarch, 1874. to March, 1876— J. M. Battee. 
W. N. Furlong, J. W. Boulware, Alfred Chew, 
William Paul, A. King, H. M. Leonard. 

March, 1876, to March 1878— S. F. Ayer, 
W. H. Rogers, J. M. Battee, Alfred Chew, 
W. N. Furlong, A. King, H. M. Leonard. 

March, 1878, to March, 1880— S. F. Ayer, 
W. H. Rogers, W. N. Furlong, John Weathers, 
J. H. M. Townsend, M. D. Kell, H. M. Leon- 
ard. (Townsend resigned in December. 1879, 
and was succeeded by James Snow.) 

March, 1880, to February, 1883— S. F. Ayer. 
John W'eathers, James Snow, M. D. Kell, H. 
M. Leonard, H. H. Main, Samuel Rea. 

February, 1883-1885— W. E. Ward, H. Til- 
lotson. W. O. Watson, H. McCleary, Peter 
Donnelly, H. H. Main, S. A. Blythe. 

March, 1885. to March. 1887— S. F. Ayer. 
W. A. Z. Edwards. A. Greeninger, W^ O. 
Watson, Peter Donnellv. 

March, 1887, to March, 1891— S. F. Ayer. 
W. A. Z. Edwards, A. Greeninger, W. O. 
Watson, James Phegley. 

1891-1895— P. Donnellv. A. (Greeninger. W. 
A. Z. Edwards, J. S. Whiteluirst, William 
Erkson, S. F. Ayer. 

1895-1897 — A. Greeninger, George E. Rea, J. 
S. Selby, John Roll. S. F. Ayer. 

1897-1899— Geo. E. Rea, Paul P. -Vustin, F. 
M. Stern. lohn Roll. S. F. Ayer. 

1899-1904— F. W. Knowles, Geo. E. Rea, F. 
L. Cottle, lohn Roll, S. F. Ayer. 

1904-1907— F. E. Mitchell, Ayer, Roll, Rea 
and A. L. Hubbard. 

1907-1911— H. S. Hersman, H. M. -\ver, A. 
L. Hubbard, lohn Roll, F. E. Mitchell. 



HISTORY OF SANTA CLARA COUNTY 



65 



From the last nained date the following 
have held office continuously : Henry Hecker, 
A. L. Hubbard, H. M. Ayer, F. E. Mitchell, 
John Roll. 

Settling Titles of Land Grants 

At the time of the cession of California there 
was probably not a perfect title in the whole 
territory of Alta California. Under the terms 
of the treaty, however, the holders of these 
incomplete titles were to be permitted to go 
on and complete them under the laws of the 
United States: After the acquisition of Cali- 
fornia and after ascertaining the inchoate con- 
dition of the land grants and the importance 
of having them segregated from the public 
domain, and for the purpose of carrying out 
the provisions of the treaty of Guadalupe 
Hidalgo, an act was passed by the Congress 
of the United States on March 3, 1851, pro- 
viding for commissioners to be appointed by 
the President for the purpose of ascertaining 
and settling private land grants in California, 
with a right of appeal, by either the govern- 
ment or the claimant, to the U. S. District 
Court for the State of California, or to the 
U. S. Supreme Court. To this commission 
all claimants were required to present their 
petitions for the confirmation of their claims. 
Failure to so present them within a specified 
time after the passage of the act worked a 
forfeiture of the claim, which was afterward 
treated as a part of the public domain. Upon 
the confirmation of these claims surveys were 
made by the surveyor general and patents 
issued thereon. 

Those lands which had not been granted by 
the Mexican Government were subject to the 
laws of the United States governing the dis- 
position of the public domain. Besides these 
two classes of land there was a third — the land 
granted to pueblos. 

Under the plan of Tepic, Mexico, on the 
formation of each new pueblo in the New 
World, it was entitled, for its own use, for 
building purposes and for cultivation and pas- 
turage, to a square of land extending one 
league in each direction from the center of 
the plaza, making in all four square leagues. 
Where the topography of the country, either 
by reason of the juxtaposition of the sea or 
of mountain barriers, prevented the land be- 
ing taken in the form of a square, the four 
leagues were taken in some other form so as 
to include the pueblo. 

On the settlement of the pueblo of San Jose, 
the Mission of Santa Clara having been es- 
tablished to the west, the Mission of San Jose 
to the north and east, and the Mission of 
San Juan to the south, it became necessary to 
designate the boundaries so that the jurisdic- 



tion of the pueblo and the adjoining Missions 
should not conflict. From year to year the 
old inhabitants of the pueblo, in company with 
the younger persons in the community, were 
accustomed to go out and visit the monu- 
ments erected to designate these lines, and 
to cast additional stones upon them to keep 
them intact. The delimiting line between the 
pueblo and the Mission of San Jose ran from 
the mountains to the bay, about midway be- 
tween Warm Springs and the present town 
of Milpitas. On the west the Guadalupe River 
was fixed as the boundary, while the line be- 
tween the pueblo and the Mission of San Juan 
was fixed across the valley to the south in the 
vicinity of Las Llagas Creek. 

San Jose Land Company 

San Jose, before the admission of California 
to the Union, was one of the few populous 
settlements in California and was known at 
the time, and before, as the "Upper Pueblo." 
The city becoming involved and unable to pay 
the debt incurred to provide suitable accom- 
modations for the Legislature and the officers 
of the state, a judgment was obtained against 
her and her creditors. An execution was is- 
sued on the judgment and all the pueblo lands 
were sold at sheriff's sale and bought in by 
a syndicate styling itself the "San Jose Land 
Company." This syndicate soon became 
known locally as "The Forty Thieves," al- 
though the number of its members was less 
than forty and they were, by no means, thieves. 
But the title they claimed under became pop- 
ularly known as the "Forty Thieves Title." 

The San Jose Land Company, after acquir- 
ing its sheriff's deed to lands belonging to 
the city, claiming to be the successor in in- 
terest to the pueblo, presented its claim to 
the United States Land Commission, sitting 
in San Francisco, praying for confirmation to 
it of the lands contained within the estab- 
lished boundaries, asserting that there had 
been a concession by the Spanish Crown of 
that large tract to the pueblo. A mass of 
documentary evidence, correspondence, etc, 
was introduced, also the testimony of wit- 
nessee to the fact that the monuments had 
been placed there years before and had been 
recognized by the citizens. Althoug^i no 
formal concession or grant had ever been 
found or produced, it was asserted that those 
acts indicated that one had actually been 
made. The board and the U. S. District Court 
confirmed the grant to these exterior boun- 
daries. 

In the meantime settlers had located on 
lands included in this tract under the impres- 
sion that they belonged either to the Govern- 
ment or to private parties from whom they 



66 



HISTORY OF SANTA CLARA COUNTY 



had purchased. They had made improvements 
and established homes. By this decision ex- 
tending the limits of the pueblo, their prop- 
erty was absorbed, and they united, some four- 
teen of them, in securing an appeal to the 
Supreme Court. 

At that time there was in existence a body 
known as the commissioners of the funded 
debt of the City of San Jose. Judge F. E. 
Spencer, who was a member of this board, 
was anxious to have the decision of the Dis- 
trict Court sustained, believing that the land 
company had no valid claim, and that if the 
title to this large tract was confirmed to the 
city it could be maintained. He succeeded 
in effecting a compromise, by which the Su- 
preme Court affirmed the decision of the lower 
court, except as to the tracts claimed by the 
fourteen settlers. A final decree to this effect 
was made. Afterward this body of land was 
sold in tracts to actual settlers at the price 
fixed by the United States Government for its 
public lands. With the proceeds of these sales 
the debt of the City of San Jose was extin- 
guished and up to 1887 the city had no debt 
whatever. In due time the pueblo was sur- 
veyed and in 1884 a patent was issued. 

The claim of the City Land Company was 
the subject of more or less litigation and 
trouble from time to time until 1869. It came 
up in the case of Branham et al. vs. the City 
of San Jose, where it was held by the Supreme 
Court that the city's lands were not subject 
to execution and sale under a judgment against 
her. A number of years later, upon the adop- 
tion of a charter by the city, a clause was 
inserted which, it was claimed, confirmed the 
land company's title. Upon that claim an ac- 
tion was brought in the United States Circuit 
Court for the District of California to recover 
possession of the large body of land within 
the corporate limits which had not passed by 
legal grants. The case was Leroy vs. Chaboya 
et al., some 600 defendants being named, and 
involving the title to a very large portion of 
land within the city limits. F. E. Spencer, 
who was counsel for the defendants, obtained 
a ruling from the District Court to the effect 
that the provisions of the charter referred to 
did not amount to a confirmation in favor of 
the land company or its successor, thus end- 
ing a case of great importance to the city 
and surrounding territory, and which went far 
to settle land titles in the vicinity. 

Grants, of rather an indefinite character, 
were claimed to have been made to the vari- 
ous Missions, both in Northern and Southern 
California. When the Missions were secular- 
ized, these grants reverted to the state. Not- 
withstanding this act of secularization, several 
of the Missions retained more or less landed 



property, such as church edifices, orchards, 
etc., and these, in most instances, were after- 
wards confirmed to the church. But a large 
body of grazing land passed into the general 
domain and was re-granted to private indi- 
viduals. There was quite an extended legal 
warfare before these lands were confirmed to 
the church. It was claimed that when the 
Missions were secularized all property re- 
verted to the Mexican Government, and as it 
had never been re-granted it became the public 
domain of the United States on the cession of 
California, and was therefore subject to pre- 
emption. The orchard property at Santa Clara 
was particularly valuable and was settled upon 
by several sets of scjuatters. J. W. Redman, 
county judge for several years, held the orch- 
ard, selling the fruit at enormous prices. It 
went through several hands, but was finally 
confirmed to Archbishop Alemany, represent- 
ing the church. 

While the Mexicans held California, Lieu- 
tenant Moraga, under the direction of the 
Spanish Government, partitioned to the orig- 
inal settlers the lands of the new pueblo of 
San Jose. The allotments were made in ac- 
cordance with a rule adopted by the govern- 
ment by which all pueblos or towns were -to 
be laid out and established under the plan of 
the city of Tepic. The tracts of land were 
divided into three classes : solares, or building 
lots ; suertes, or lots for cultivation, and egidos, 
or lots for pasturage and wood. By the Tepic 
method, each family was given four suertes 
and one solar. 

Though there is no record evidence that 
an allotment was made after the pueblo was 
moved from its first location. Judge Spencer 
said that in 1852, and even later, there re- 
mained landmarks that showed something of 
the general plan of the location, .\mong these 
were the stumps of hedge-rows forming alleys 
leading to the Guadalupe River — evidently 
roads used by women going to the creek to do 
their washing. At that time, and until the 
willows and other vegetation had disappeared, 
the Guadalupe was a perennial stream, sup- 
plied in the summer time from the springs in 
the lower ground south of town, while from 
the Guadalupe were the remains, tolerably 
defined, of ditches leading into Canoas Creek. 
This word "canoas," besides meaning "canal," 
also signifies a "trough," and it was probably 
for this latter meaning that the Mexican's ap- 
plied it to this stream, as they evidently used 
it for the purpose of conveying water to their 
suertes, or planting lands. 

There were also the remains of branch 
ditches, or acequias. One went out and crossed 
the plaza near the site of the city hall and 
continued on, crossing First Street near San 



HISTORY OF SANTA CLARA COUNTY 



67 



Fernando, as if to irrigate the land sloping to 
the north and east. Another one was a little 
west of Market Street, crossing Santa Clara 
Street diagonally, going through the grounds 
now occupied by the Sisters of Notre Dame 
and continuing to the present site of the Hotel 
Vendome. From this was irrigated the lands 
between it and the Guadalupe River. In one 
of the suits regarding the land claimed as 
suertes. old Pedro Chaboya and other old Mex- 
ican witnesses testified that all the alkali land 
in the northeast portion of the city was, in 
very early days, fine land for crops ; but the 
Coyote Creek having overflowed its banks and 
rushed down across the country, the top-soil 
was washed off and when the water receded 
it was converted into an alkali sink. 

With the Americans came land speculators, 
and as the pueblo grew in importance and its 
lands in value, suits were started to obtain 
possession of some of the most valuable por- 
tions of the city under suerte title. None of 
them, however, were successful, but they 
formed a chapter of the most important and 
sharpest litigation in the history of the county. 
There being no record of the original allot- 
ment of suertes. their existence could be proved 
only by parol testimony, and for this purpose 
the "oldest inhabitant" was in constant de- 
mand. There stood a few old landmarks with 
all the dignity due to their antiquity, but 
neither these nor the imperfect family tradi- 
tions of the oldest poblanos were sufficient to 
warrant a judgment in favor of the claimants. 

The methods used by the Americans to 
measure and mark out the boundaries of their 
grants were very crude and resulted in much 
inaccuracy. Many of them, when surveyed 
by the United States, shrank or expanded' in 
dimension to the extent of many hundreds of 
acres. Persons who had settled on what was 
thought to be Government land would, after 
some years of labor, find their property in- 
cluded within the boundaries of a neighboring 
grant and would be forced to lose their homes 
or purchase them again of another owner. 
Some persons were compelled to purchase 
their farms several times before their title be- 
came assured. This state of affairs caused 
great dissatisfaction among the settlers and 
societies were formed to meet adverse claims 
and prevent eviction. 

These societies, though very determined in 
the expression of their rights, generally 
avoided violent measures. In fact, with one 
exception, they confined their efforts to the 
raising of funds for the purpose of defending 
their claims in the courts. The exception re- 
ferred to occurred in 1861 and is thus recorded 
by Frederic Hall : "The greatest excitement 
and demonstration that was ever exhibited in 



this county upon the question of land titles 
took place this year. The grant of Antonio 
Chabolla for the tract of land known as the 
Yerba Buena Rancho, lying east or southeast 
of town, had been confirmed to the claimants 
thereof under the Chabolla title by the United 
States courts. There were many settlers on 
the land, some of whom had occupied the same 
for quite a lengthy period under the belief that 
it was public land. They seemed to be of the 
opinion that the grant was a fraudulent one, 
notwithstanding the fact that the land had 
been patented by the United States in accord- 
ance with the decree of confirmation. The 
advice which had been given the settlers was 
evidently not of that kind which had a tend- 
ency to better them, or to cause them to view 
the matter in a proper light. They were in- 
duced to spend money in the way of lawyers' 
fees that was as useless as throwing money 
into the sea. The Government had conveyed, 
in fee simple, the land to the claimants, and 
no party but the United States could move to 
set aside that patent upon the ground of fraud 
or any other ground. Suits in ejectment had 
been instituted against some of the settlers on 
said land and judgment rendered against them 
for the possession of certain tracts by the 
Third Judicial Court, in and for the County 
of Santa Clara. William Matthews, Esq., of 
counsel for plaintiff in those cases, caused 
writs of execution for possession to be issued 
to the sheriff that the plaintiff might have pos- 
session in accordance with his judgments. 

"The sheriff summoned a posse of 600 men 
to go with and to aid him in executing the 
writ. When the posse assembled at the Court 
House they were asked if they were armed, 
to which they replied in the negative ; then 
being asked if they would arm themselves, 
likewise replied in the negative. They were 
then dismissed. About one o'clock in the 
afternoon about a thousand settlers paraded 
through the town, some on horses, some in 
wagons, some on foot, and nearly all armed. 
They had one small cannon. All the settlers' 
leagues of the count}- and some from adjoin- 
ing counties were said to have been present. 
Toward the close of day they went to their 
respective homes without doing any damage, 
save that of disobeying the writ." 

Until 1847 there had not been much certainty 
as to the location of, or titles to, lots in the 
pueblo of San Jose. It seems to have been 
taken for granted that the laws regulating the 
establishment of Mexican towns had been com- 
plied with and that those in possession had 
valid titles. Whether the title was good or 
not seemed to be of little consequence under 
the then existing condition of affairs. There 
were no regularly laid-out streets. The cen- 



HISTORY OF SANTA CLARA COUNTY 



ter of the town was the Juzgado, or the plaza, 
and the houses were scattered north and south 
on irregular lines with a roadway between. 
The roadway is now Market Street. After the 
defeat of Sanchez at the battle of Santa Clara, 
and the certainty that the arms of the United 
States would be victorious in Mexico, the for- 
eigners became impressed with the conviction 
that Alta California would be ceded to the 
victors and a permanent government estab- 
lished. Viewed in this light, the solares and 
suertes of the pueblo became of more impor- 
tance and an attempt was made to settle the 
question of their ownership. 

Early in 1847 the Ayuntamiento and the 
alcalde directed William Campbell to survey a 
plat of land a mile square to be laid out in 
building lots. Assisted by his brother Thomas, 
he did this work, the tract so surveyed lying 
between the following boundaries : On the 
north by Julian Street, on the east by Eighth 
Street, south by Reed Street and west by Mar- 
ket. This tract was intended to exclude all 
questions relating to suerte claims. John Bur- 
ton, who was then alcalde and had resided in 
San Jose for twenty years, stated that the 
result of his investigation was that no suerte 
claims, except the Gongora claim, extended 
farther south than Julian Street, or farther east 
than Market Street. This is the original plat 
of San Jose and from this survey may be dated 
the existence of the city. The streets were 
located through this tract, making nine blocks 
from Julian to Reed and eight blocks from 
Market to Eighth. The exact course of the 
streets running north and south was at 45 deg. 
west, magnetic variation, 15 deg. 22 min. east. 
The length of these streets was 5,607 feet. The 
cross streets were laid out at right angles to 
these. 

The survey having been completed and a 
map filed, the alcalde gave notice to all per- 
sons claiming land within the limits of the 
survey to present them to him for investiga- 
tion, and, if found valid, he would issue them 
a new title. Burton, who was no lawyer, 
seemed, to possess a remarkably level head. 
Notwithstanding persistent litigation on the 
part of contesting claimants, all the alcalde 
grants under the Campbell survey have been 
held by the Supreme Court to be valid. In 
Campbell's survey four blocks were reserved 
for a public square. This was named Wash- 
ington Square and is the i)resent location of 
the State Teachers' College, the high school 
and the Carnegie Library. 

The pueblo having been thus located, its 
limits and boundaries of its blocks and lots 
defined, the settlers from the states resolved to 
secure a portion of the outside lands belonging 
to the pueblo. A meeting was called, the prop- 



osition to make the survey into lots of 500 
acres each was adopted and J. D. Hutton ap- 
pointed to make the survey. This was done 
in July of the same year. The lots were num- 
bered consecutively and corresponding num- 
bers placed in a hat. The head of each family 
was permitted to draw one number, this en- 
titling him to choose a lot, his choice being in 
the order of the numbers drawn — that is, the 
person drawing number one was entitled to 
first choice, and so on. After the drawing the 
alcalde gave to each party a certificate of title. 
These alcalde titles were afterwards declared 
invalid by the Supreme Court. 

In May, 1848, another survey of the town 
was made, this time by C. S. Lyman. He was 
a practical surveyor and possessed all the nec- 
essary implements for practical work. By this 
survey the limits were extended easterly to 
Eleventh Street. He enlarged Washington 
Square to its present dimensions, 1,160 by 1,005 
feet. He laid out St. James Square, which is 
610 bv 550 feet. Market Square, the site of 
the city hall, he fixed at 1,160 by 259 feet. 
Market, Santa Clara and Fifth streets were 
made each 100 feet wide, and all the streets 
running north and south, except Fifth, were 
made 80 feet wide. The system adopted by 
the survey is the one now in use. San Fer- 
nando Street is the base line and the ranges 
are counted easterly from Market Street. 
Other surveys have been made as additional 
territory was taken into the city limits. 

The tract of land lying west of Market 
Street and along the Guadalupe River, was 
used for cultivation and was not surveyed into 
town lots for several years after the admission 
of California into the Union. It was held as 
suertes and was watered by an acequia, or 
ditch, leading from the Canoas Creek south of 
town. This ditch furnished water to the peo- 
ple for some time after California became a 
state ; but gradually the foreigners acquired 
this land from the Mexicans and streets were 
opened from time to time as the population 
increased. 

Public Treasury Robbed 
Before the first month of the year 1853 had 
been brought to a close, the entire county was 
startled by the news that the public treasury 
had been robbed. The treasurer, William 
Aikenhead, declared that he had been knocked 
down in the darkness of night and robbed of 
his keys, and that the unexpectedness of the 
attack prevented him from recognizing the 
robber. His story of the assault was this : 
Hearing a noise in the rear of the building 
about eight o'clock in the evening, and not 
long afterward a step on the front porch and 
a calling of his name, he opened the door to 



HISTORY OF SANTA CLARA COUNTY 



69 



ascertain who it was. Instantly he received a 
blow on the head that laid him prostrate ; he 
was then choked, his pockets emptied and the 
key of the safe taken. The office was then 
entered and several thousand dollars were car- 
ried away. The board of supervisors placed 
full credence in Aikenhead's story, and after 
investigation made a report exonerating him 
from neglect or blame. In the month of Feb- 
ruary, Aikenhead disappeared. A committee 
of three, in company with the district attorney, 
was appointed to examine all the books and 
papers in the treasurer's office and file a re- 
port with the clerk. The committee was com- 
posed of J. M. Murphy, W. R. Bassham and 
W. L. Smith, and their report made Aikenhead 
a defaulter in an amount approximating 
$20,000. 

Following is the list of the various tracts of 
land in Santa Clara County to which title was 
granted by the Spanish and Mexican govern- 
ments: 

Arroyo de los Pilarcitos, one square league, 
to Candelario Miramontes. Canada del Corte 
de Madera, to Domingo Peralta. Canada de 
San Felipe Las Animas, two square leagues, 
to Charles M. Weber ; patented August 9, 1866. 
Canada de Pala, 8,000 by L200 varas, to Jose de 
Jesus Bernal et al. ; patented August 9, 1863. 
Canada de los Capitancillos, to Guadalupe Min- 
ing Company. El Corte de Madera, two square 
leagues, to Maximo Martinez ; patented June 
14, 1858. El Pasito de las Animas, 3,042 acres, 
to Robert Walkenshaw. Embarcadero de 
Santa Clara, 1,000 varas, to Barcelia Bernal. 
Juristae, one square league, to Antonio and 
Fausten German. La Polka, one square league, 
to Bernard Murphy; patented March 3, 1860. 
La Purissima Concepcion, one square league, 
to Juana Briones. Los Tularcitos, to Antonio 
Hignora et al., heirs of Jose Hignora ; patented 
July 8, 1870. Las Animas, or Sitio de la Brea, 



to Jose Maria Sanchez. Las Coches, one-half 
square league, to Antonio Sunol et al. ; pat- 
ented December 31, 1857. La Laguna Seca, 
four square leagues, to Liberata Cesena Bull 
et al. ; patented November 24, 1865. Los Capi- 
tancillos, three-quarters of a square league, to 
Charles Fosset; patented February 3, 1865. 
Las Animas to Frederic E. Whiting. Milpitas, 
one square league, to Jose Maria Alviso. Mis- 
sion of Santa Clara to James C. Galindo. 
Mission of Santa Clara, 13.13 acres, church 
property ; patented March 3, 1858. Ojo de 
Agua de la Coche, two square leagues, to Ber- 
nard Murphy ; patented January 4, 1860. Po- 
trero de Santa Clara, one square league, to 
Robert F. Stockton. Pastoria de las Borregas, 
3207^ acres, to Martin Murphy ; patented De- 
cember 15, 1865. Pueblo de San Jose, to Mayor 
and Common Council ; confirmed October 8, 
1866. Pala, one square league, to Ellen White 
et al., widow and heirs of Charles White. 
Quito, three square leagues, to Manuel Alviso ; 
patented May 14, 1866. Rincon de San Fran- 
cisquito, one-half square league, to Maria An- 
tonia Mesa, widow of Rafael Soto. Rancho de 
Refugio, or Pastoria de las Borregas, three 
square leagues, to Tomas Pacheco and Augus- 
tin Alviso. Rincon de los Esteros to Francisco 
Berryessa et al., heirs of G. Berryessa. Rin- 
con de los Esteros to Rafael Alviso et al. 
Rincon de los Esteros, two thousand acres, to 
Ellen E. White. Rinconada de los Gatos, one 
and one-half square leagues, to Sebastian Per- 
alta and Jose Hernandez ; patented March 19, 
1860. Santa Ana y Quien Sabe, seven square 
leagues, to Juan Miguel Angas and Manuel 
Larios; patented May 1, 1860. San Ysidro, 
one square league, to Quentin Ortega et al. ; 
patented September 27 , 1869. San Francisco 
de las Llagas, six square leagues, to Bernard, 
Daniel, James and Martin Murphy; patented 
March 19, 1868. 




CHAPTER IV. 



The Early Bar of San Jose — Alcalde Burton's Common Sense — The Eccen- 
tricities of Judge Redman — Strange Career of Rufus A. Lockwood — 
Irrepressible J. Alexander Yoell — Change in Court System. 



Courts of First Instance had no existence in 
San Jose until after the American occupation. 
The first court was organized in 1849 and held 
its last session in March. 1850, when the 
County and District courts were organized. 
Prior to this period justice was administered 
in San Jose by the alcaldes. The first Ameri- 
can alcalde was James Stokes, who was ap- 
pointed by Captain Fallon when Dolores Pa- 
checo was deposed. He was succeeded by 
John Burton, and of Burton Judge John E. 
Richards of the Appellate Court, and one of 
San Jose's ablest and most respected citizens, 
writes as follows in his entertaining booklet. 
"The Early Bench and Bar of San Jose": 

"Old John Burton, Capitan Viejo, the na- 
tives called him, was appointed to office by 
Captain Montgomery, military commander of 
the Northern District of California, on Octo- 
ber 19. 1846, about three months after Captain 
Thomas Fallon had hoisted the Stars and 
Stripes in front of the Juzgado. The old al- 
calde was a pioneer of the pioneers. He had 
deserted from a New England merchantman 
in 1830 and, coming to the pueblo of San Jose, 
had married a Mexican woman, assumed the 
title of captain and lived an easy existence 
among the natives until disturbed by the 
•Vmerican occupation. He was a native of 
Massachusetts, but he seems to have neglected 
those opportunities for book learning which 
that home of culture afforded. He was a man, 
however, of considerable common sense, is re-. 
I)uted to have been very honest and to have 
had the esteem and confidence of the native 
population. The office of alcalde required 
these qualities in an eminent degree just at 
that time when the loose garments of Mexican 
rule were being replaced with the close-fitting 
fabric of .American institutions. The alcaldes' 
courts of California had, prior to the change in 
government, possessed a very wide and quite 
undetermined jurisdiction, and had been con- 
ducted with a freedom from the formalities of 
jurisprudence which was primitive in the ex- 
treme. Alcalde Burton continued to exercise 
the jurisdiction of his predecessors with much • 
the same laxity in forms. No fusty lawyers 
ever profaned the sacred precincts of Alcalde 
Burton's Juzgado, either to hinder or hasten 
his judgments with pleas of writs sustained by 



musty precedents. There was a patriarchal 
simplicity about the administration of justice 
in Alcalde Burton's court. The old Juzgado 
stood in the center of what is now known as 
Market Street, at its intersection with El 
Dorado Street. It was a low adobe building, 
divided into three compartments— the alcalde's 
court, the smaller room for the clerk of the 
court, and the calaboose. There old Captain 
Burton sat and administered justice in his own, 
original way, following somewhat loosely the 
forms of the Mexican law relating to alcaldes' 
courts. The method of procedure was as in- 
teresting as it was unique. Every grievance 
which a complainant had against a person, for 
which he had, or hoped to have, a legal rem- 
edy, he carried to the alcalde and openly stated 
his case. Thereupon Alcalde Burton called his 
alguazil, or constable, and delivering to him 
his silver-headed cane, as the symbol of his 
authority, directed him to bring the person 
against whom the complaint was urged before 
the alcalde. The cane was an important part 
of the judicial system. It was the vara de 
justicia, of 'stalif of justice,' and in the hands 
of the alguazil symbolized the state. Bearing 
the alcalde's silver-headed cane before him, the 
alguazil sought out the defendant and, holding 
up the staf?, delivered his oral summons to 
appear immediately at the juzgado. The de- 
fendant never disobeyed the command of the 
alcalde, but at once came before him. When 
he arrived the complainant was sent for and 
the parties met in the presence of the alcalde. 
AVhat was technically called, what was in fact, 
an 'altercation,' then ensued between the par- 
ties. The alcalde sat and heard their dispute 
and endeavored to adjust their differences and 
strike a balance of justice between them upon 
their own statement of facts. Very frequently 
he was successful and a sort of compromise 
judgment was rendered at once. When, how- 
ever, the parties were too wide apart for com- 
promise, the case proceeded as follows : Each 
party chose an arbitrator and these two buenos 
hombres, as they were termed, sat with the 
alcalde and heard the evidence in the case. If 
then they and the alcalde could, agree upon 
a judgment, it was rendered accordingly; but 
if not, the alcalde dismissed the buenos hom- 
bres and decided the case himself. So ran the 
wheels of justice in .Alcalde Burton's court. 



HISTORY OF SANTA CLARA COUNTY 



71 



"The record which old John Burton kept of 
his cases was a very meager one, and hence a 
large mass of interesting court notes have 
been lost with the passage of years. Some few 
recorded cases there are, and in the recollec- 
tion of our pioneers a few more remain to 
illustrate the unique character of primitive jus- 
tice here. From among the ancient documents 
reposing in our city archives the following case 
has been exhumed and translated for this 
sketch. Pedro Mesa was accused of stealing 
Thomas Jones' horse. The record reads : 

" 'Territory of California vs. Pedro Mesa — • 
May 1, 1847. The parties having appeared and 
the case entered into, after weighing the case 
and taking testimony, judgment is rendered 
that defendant shall pay a fine of $5, and $9 
for saddling the horse, and costs of court taxed 
at $4.75; $2 for the guard.' Alcalde Burton 
evidently did not regard horse-stealing as a 
very serious offense, and does not seem to 
have visited upon it a sufficient penalty to 
make the avocation unprofitable. It is curi- 
ous to note that Alcalde Burton records him- 
self as 'weighing the case and taking the tes- 
timony.' It would appear from all we can 
learn that it was the mental habit of the old 
captain to weigh the case first and make up 
his mind about it, and then, as a mere form- 
ality, 'take the testimony.' 

"Another of Alcalde Burton's decisions has 
survived the tooth of time. Juan Lesaldo and 
his wife did not agree and yet had hardly 
reached that point where they agreed to dis- 
agree. Juan, therefore, laid before the alcalde 
a complaint, of which, with the subsequent 
proceedings, the following record remains: 
Juan Lesalda Vs. Maria de los Naves. On 
complaint of plaintiff, that defendant, his wife, 
he believes, is about to abscond, he therefore 
claims that she be brought l^efore the court to 
show cause why she will not live with him. 
The parties having appeared and the case en- 
tered into, April 27, 1847, it is directed that 
they be united again, and if not they shall be 
imprisoned until they ccmscnt tn li\c toi^ether. 
■May 1st. A letter 'was >cnt t.i tlu- jinest at 
Santa Clara, who nrdaincd that tliey should 
be compelled to live together. After three 
days' time was given she refused to comply. 
May 4, 1847. Defendant was put in prison 
until she should comply with the order of the 
court.' Here the record ends, and whether 
Maria de los Naves was ever brought back to 
the arms of her spouse by the stern rigor of 
the law remains a problem which may well 
be submitted with 'The Lady or the Tiger' to 
(jur modern dames for a solution. So far as 
known the precedent set by Alcalde Burton 
has not been followed by those who have suc- 
ceeded him in a judicial effort to adjust the 



differences which have ever arisen in domestic 
life. There are, however, a few fragmentary 
records of Burton's decisions which show that 
he foreshadowed at least some phases of our 
modern law. On March 7, 1^7, Alcalde Bur- 
ton dismissed a complaint brought by Gabriel 
Castro against Antonio Hernairo to recover 
plaintiff's winnings in a horse-race. It does 
not appear whether Hernairo was the loser in 
the wager, or only the stakeholder, but if the 
cause had been tried before our present courts 
instead of before the old alcalde, the same rule 
would be applied. 

"There are a few other cases preserved in 
scant records, which, if not yet precedents, 
might well be made so. In 1847 P. Real com- 
plained before the alcalde of 'men who stand 
irwthe church doors to look at the women as 
they come from mass.' The alcalde judged 
that it was a 'practice which should be stopped 
in the interests of religion, morality and public 
tranquility.' In another case a Mexican was 
complained of for selling liquor and was tried 
without a jury, as the alcalde naively explains 
that the 'native element of the juries in such 
cases failed to convict.' 

"The Court of the First Instance was estab- 
lished in San Jose in the spring of 1849. R. 
M. May was the first occupant of the bench 
as judge of the court. He was shortly suc- 
ceeded by Judge Kincaid, who remained on the 
bench until the court was abolished by the 
formation of the state. The pioneer members 
of the bar were Peter O. Minor, C. T. Ryland, 
Craven P. Hester, James M. Jones, William 
Van Voorhies, Judge Almond, William T. 
Wallace, George B. Tingley, Rufus A. Lock- 
wood and others, some of whom lived in San 
Jose and some of whom came down from San 
Francisco wlieii cases reqviired. The yarns 
which th(.>e i.ld 'Xestors' told upon them- 
sehcs, upon liuMr clients and upon each other, 
would fill a volume. One of the earliest cases 
tried before Judge Kincaid was the famous 
mule case of Caldwell vs. Godey. The plain- 
tiff sued the defendant for the possession of a 
mule which he averred was his property. The 
defendant denied the allegation and the case 
came on. Caldwell produced a dozen or more 
reputable witnesses who swore that they had 
known tlie plaintiff in Missouri, where he had 
owned tlie mule: that they had crossed the 
plains w ilh him when he brought the mule to 
California: that there was no doubt as to the 
identity of Caldwell's mule. On the other 
hand, the defendant produced as many wit- 
nesses, equally reputable, who swore they 
had known the defendant, Godey, and his mule 
in Texas, and that they had come to California 
with the mule, and there was no earthly doubt 
that this was Godey's mule. They also swore 



HISTORY OF SANTA CLARA COUNTY 



that the mule was branded with a diamond on 
its hip. The court was sitting in the old Juz- 
gado and was in a quandary indeed. At this 
point John Yontz, the sheriff, came into court 
and asked his honor if he should bring in the 
witness. The judge, all innocent, told the 
sheriff to 'bring him in.' The sheriff brought 
'him' in and the witness was the mule. He 
filled the courtroom with his presence and the 
court with righteous indignation. 'Mr. Yontz,' 
said his honor, sternly, 'take that mule out of 
here, sir.' 'But your honor ordered me to 
bring him in,' responded Yontz, 'and I obeyed 
the order.' The scene was ludicrous in the ex- 
treme: the sober face of the facetious sheriff: 
the still more sober aspect of the innocent 
mule: the judge's withered face pale with in- 
dignation, and the countenances of the specta- 
tors red with mirth. The witness was taken 
out, but his introduction won the case for the 
defendant, for there upon his newly-shaven hip 
appeared the diamond brand to which the other 
witnesses had sworn." 

The constitution ordained and the first 
legislature established a complete system of 
courts which should supersede the courts of 
the Alcalde and the First Instance. These 
were District, County and Justice's courts, and 
they were put into operation during the year 
1850. Judge John H. Watson was appointed 
the first district judge of the Third Judicial 
District, which included the counties of Contra 
Costa, Santa Clara. Santa Cruz and Monterey. 
J. W. Redman was our first county judge. 
The influx of population into the state had 
brought lawyers of all degrees of excellence 
from all quarters of the globe. The session of 
the first Legislature had left a number of law- 
yers who were its members to increase and 
adorn our local bar. Of the many bright 
minds who practiced law before Judges Wat- 
son and Redman and their successors, the fol- 
lowing are a few : Freeman McKinnev. Wil- 
liam T. Wallace. F. B. Murdoch, William Mat- 
thews, A. L. Yates. E. K. Sanford, Horace 
Hawes, Rufus A. Lockwood, J. Alexander 
Yoell. lohn H. Moore, Judge Almond, Wil- 
liam Stafford, William D. Harvard, C. T. Ry- 
land, George B. Tingley, Alexander Campbell, 
A. P. Crittenden, James M. Jones, Lawrence 
Archer, Thomas Bodley and Judge R. F. Peck- 
ham. These were not all, but they will exam- 
ple the local bar, and while manj^ of these are 
gone forever from our vision, from those who 
remain the quality of the rest may be esti- 
mated. I will tell the stories of the early bar 
in much the same order that they have been 
told to me : 

"Judge Watson was. by profession, a physi- 
cian, who had learned a sufficient smattering 
of the law to secure a seat upon the bench, for 



which place there was little competition among 
lawyers, for the reason that the salary was 
comparatively small, while the fees at that time 
were large to the lawyer who was competent 
to be judge. The style of Judge Watson's 
charges to his juries was. therefore, often free 
from legal verbiage and of legal principles as 
well, as the following story of the case of Dean 
vs. AIcKinley will illustrate: The case was 
tried in Monterey County and took its origin 
in this wise : McKinley was a merchant at 
IMonterey in the '40s. It was part of his busi- 
ness to stock traders who were going to the 
mines. Dean was one of these traders and he 
bought from McKinley a stock of goods, prom- 
ising to pay him when he returned. Several 
years passed and Dean did not return until 
after the American occupation. He came 
back 'broke.' and showed no disposition to pay 
McKinley for his goods. Finally the latter 
went before Alcalde Mariano Malarin and had 
Dean arrested and imprisoned for the debt. 
The Monterey jail at that time was in no 
condition to keep a prisoner long against his 
will, but it suited shiftless William Dean to 
stay there. He was his own jailer and when 
evening came he would pull the plug out of 
the jail door and go to the fandangoes or other 
places of amusement, and after the fun was 
over would go back to the jail, lock himself 
in and go to sleep, swearing he 'would make 
old McKinlej' pay for this false imprisonment 
of an American citizen.' Well, when the Dis- 
trict Court was organized Dean, incited there- 
to by several lawyers on contingent fees, sued 
McKinle}' for large damages for his alleged 
'false imprisonment.' The case came on for 
trial with a cloud of attorneys on either side. 
It was a prolonged case and when concluded 
was argued at great length by all of the attor- 
neys. When finally the cause w-as submitted 
to the jury, Judge Watson squared himself 
about pompously, and delivered the following 
charge : 

"'Gentlemen of the jury, as the mariner re- 
turning to his post after a long sea voyage is 
enabled to catch a faint and fleeting glimpse 
of the land through mists and fog which sur- 
round it, so you, gentlemen of the jury, may 
be able, by the aid of the court, to catch a dim 
conception of the facts in this case through 
the obscurity which the arguments of counsel 
have thrown around it. I will illustrate the 
merits of this case with a simile. I will liken 
this case to a railroad train. The court is the 
track, the attorneys are the engine, and the 
client is the grease. You all know, gentlemen 
of the jury, how an engine will run when it is 
well greased. In fact, I have seen engines so 
well greased as to cause them to "play such 
fantastic tricks beft)re high heaven as made 
angels weep." To carry the simile further. 



HISTORY OF SANTA CLARA COUNTY 



ll 



gentlemen, suppose that a railroad train runs 
over and kills a man. Who is to blame? The 
engine, the track or the grease? I think, the 
engine. Gentlemen of the jury you will bring 
in a verdict for the defendant.' 

"Judge Redman, who presided over the 
County Court, was a good lawyer, hut was 
also a man of many peculiarities, of strong 
prejudices and of eccentric modes of expres- 
sion. Some of the lawyers of his court he 
had a great liking for, and toward others he 
manifested dislike without any apparent rea- 
son. Among the former class was William T. 
Wallace, for whom he had a strong aflfection, 
and always, out of court, called him "Billy, my 
boy.' Among the latter was J- Alexander 
Yoell. against whom, frequently and unjustly, 
Redman showed his feeling. One day after the 
trial of a hotly contested case in which Yoell 
took a vigorous part, Judge Redman limped 
(he had a wooden leg) out of the courtroom, 
leaning on Wallace's arm. Presently he said, 
in a reflective and solemn way, as though 
speaking to himself: 'It would not be idola- 
try.' 'What would not be idolatry?' asked 
Wallace. 'It would not be idolatry to bow 
down and worship him,' said the Judge in the 
same reflective waj'. 'W'orship whom?" asked 
Wallace. 'It would not be idolatry to fall 
down and worship Yoell,' responded Redman. 
'And why not?' asked Wallace. 'Billy, my 
boy,' said the Judge solemnly, 'have you for- 
gotten the commandment which says, "Thou 
shalt not bow down and worship the likeness 
of anything that is in heaven above, or that 
is in the earth beneath, or that is in the waters 
under the earth"? Now, Yoell is not like any- 
thing that is in the heaven above, nor in the 
earth beneath, nor in the waters under the 
earth, and therefore I'll be dashed if it would 
constitute idolatry to fall down and worship 
him.' 

"Another member of the early bar whom 
Judge Redman disliked was F. B. Murdoch, 
who later went into local journalism. Mur- 
doch had a case of J. H. Moses against some- 
body and got a judgment. One of the wit- 
nesses in the case was named Moses Scott, 
and when Murdoch came to write his decree 
he wrote the name of the witness in it by 
mistake for that of the plaintiff. Discovering 
his error later on, he made a motion before 
Judge Redman to set aside the decree and 
have entered an amended one, and when he 
had concluded Judge Redman said : 'Mr. Mur- 
doch, your motion is denied. It has long been 
the well settled rule of this court that when 
an attorney comes before this court with a 
case and burns himself he will be compelled 
to sit on the blister.' 



"Among the attorneys who practiced before 
Judge Redman was Freeman McKinney, whom 
all the early pioneers will remember. He was 
a little fellow with a long red beard which 
came down to his waist, and withal a man of 
a good deal of force and dignity. One day a 
fellow was arraigned before Judge Redman 
for horse-stealing. He had no attorney. The 
Judge appointed Free McKinnej' to defend 
him. with this instruction: 'Mr. McKinney, 
the court appoints you to act as attorney for 
this defendant. You may retire with him and 
get his statement of the case. You will give 
the prisoner the best advice and assistance you 
are able in view of the law and of the facts 
he may give you.' McKinney. went out with 
the prisoner to the door of the Court House 
and asked him if he had any money. The 
fellow said he had a fifty-dollar slug. 'Give it 
to me,' said McKinney. The fellow reluct- 
antly gave, up the slug. 'Now,' said McKin- 
ney, 'as a matter of fact, you stole that horse, 
didn't you?' The prisoner admitted to his at- 
torney that he did. 'In that case,' said Mc- 
Kinney, 'I advise you to get into the brush 
as fast as the Lord will let you.' The prisoner 
'got,' and presently McKinney wandered back 
into the court room and sat down. Soon the 
case of the horsethief was called. 'Where is 
your client, the prisoner, Mr. McKinney?' in- 
quired Judge Redman. 'I don't know, your 
honor,' answered McKinney, with the utmost 
sang-froid. 'The last time I saw him he was 
making for the brush about as fast as he 
could go.' 'Is it possible, sir,' thundered the 
court, 'that you have permitted the prisoner to 
escape?' 'Your honor,' said McKinney, calmly, 
'I have obeyed to the letter the order of this 
court. Your honor appointed me as the at- 
torney for the defendant with the instruction 
that I should give him the best advice I was 
able in view of the law and the facts. The 
facts were, as the defendant admitted to me, 
that he stole the horse. The best advice I 
could give him was to get into the brush.' 
'Humph!' snorted Judge Redman with dignity. 
'Call the next case.' 

"The story of how Jo Johnson summoned 
Judge Redman into court one morning, and 
the penalty therefor, is fresh in the minds of 
more than one member of the bar. Judge 
Redman liked his tipple and would also 'buck 
the tiger' on occasion. The County Court was 
held for a season in a building which stood 
near the corner of Santa Clara Street and 
Lightston Alley. A saloon was across the 
street in which Judge Redman spent much of 
his time and where he often lingered beyond 
the hour for convening his court. One day 
the assembled bar grew impatient at his ab- 
sence. Freeman McKinney called the bar to 



74 



HISTORY OF SANTA CLARA COUNTY 



order and gravely moved that the baihff be 
instructed to call 'old' Redman at the door of 
the court three times, and that if he failed to 
answer he be fined for contempt of court. The 
bailiff was Jo Johnson, and taking the matter 
in all seriousness, he went to the door and in 
a powerful voice called out: 'Old Redman! 
Old Redman ! If you fail to answer you will 
be fined for contempt of court.' The sten- 
torian tones of Bailiff Johnson penetrated to 
the room where Judge Redman was seated at 
his game of cards. He deliberately finished 
the game and the lawyers heard the uneven 
thump of the Judge's wooden leg as he crossed 
the street. He entered the court slowly, 
ascended the bench with dignity, and then 
said with judicial severity: 'Mr. Clerk, enter 
a fine of seventy-five dollars against Jo John- 
son for contempt of this court.' When Jo 
Johnson afterwards told this story he always 
ended it in an injured tone : 'The worst of it 
was that the blanked old fool made me pay 
that fine.' 

"Apropos of Judge Redman's social infirmi- 
ties, the following story is told as an actual 
fact: The bar became tired of the Judge's 
lapses and eccentricities, and at last felt called 
upon to request him to resign. The request 
was signed by every member of the bar in the 
county and was served one evening upon the 
Judge. The next morning his court room 
was full of lawyers to see what effect their 
petition would have upon Judge Redman. The 
Judge entered the room, perfectly sober and 
with a sad and contrite expression upon his 
face. He walked with halting step down the 
aisle and awakened a feeling of pity in the 
breasts of several w-ho had signed the request. 
The court opened with the customary 'Hear 
ye,' and then the venerable form of the Judge 
arose from the bench. He looked timidly 
around as though searching for a friend, and 
then in faltering tones addressed the bar. 
'Gentlemen of the bar,' he said, 'last night I 
received a petition from you, signed by all of 
your number, couched in respectful language 
and setting forth reasons why I should tender 
my resignation as judge of thi>; court. Con- 
scious of my many infirmities and realizing the 
necessity of a pure judiciary, throughout the 
silent hours of the past night 1 have given to 
your petition painful and, I may add, prayerful 
consideration. I feel, gentlemen, that you have 
acted from a high sense of duty in this matter 
(here the eyes of the members of the bar be- 
gan to moisten with tears), and in responding 
to your petition requesting my resignation, I 
would simply say (here the Judge straightened 
u]) and altered his tone) that I will see you all 
in hell first, and then I won't resign. Mr. 
Clerk, call the next case." 



"It was one of Judge Redman's infirmities, 
if it be such, to be fond of horse-racing and to 
bet freely on his favorite. Horse-races were 
very frequent in the early '50s and Judge Red- 
man generally contrived to make the sessions 
of his court conform to the time of the race. 
One day a cause was on for argument wherein 
John H. Moore represented one side and a 
San Francisco attorney the other side of the 
controversy. A race was coming off that day. 
Judge Redman had little difficulty in per- 
suading Moore to submit the case without ar- 
gument in order that both court and counsel 
might attend the race. The San Francisco 
attorney, however, insisted on arguing his side 
of the case. During the first portion of his 
speech Judge Redman listened patiently, but 
as the hour for the race approached the Judge 
became fidgety and cast anxious glances at 
the hands of the clock with increasing fre- 
quency. At last, when the hands of the clock 
had all but reached the hour of the race, the 
attorney closed his speech. As he sat down 
the court hurriedly arose and without a break 
uttered the following sentence : 'I will take 
this case under advisement until 10 o'clock 
tomorrow morning. This court is adjourned. 
Moore, I'll bet you $100 the black filly wins 
the race.' 

"One of the most celebrated cases in Red- 
man's court was the trial of a mulatto girl 
named Mindy Johnson for grand larceny in 
1852-53. Mindy was a very good-looking girl 
of ripe charms and quite popular among the 
bloods of the bar. It was even reported that 
Judge Redman had a weakness for Mindy. She 
was by vocation a cook and washerwoman and 
one day fell from grace to the extent of steal- 
ing some articles of clothing and a carpet sack 
with $300 in money from the premises of a man 
named White. The theft was discovered and 
Mindy was arrested and indicted. In those 
days grand larceny was a capital offense. .The 
evidence was clear and the girl's own confes- 
sion seemed to seal her fate. She was tried 
before Judge Redman and convicted. The 
verdict of the jury was recorded and the mo- 
ment for her sentence came. Judge Redman 
was at his wit's end for an excuse to save her, 
btit he had none. 'Mind\-,' said the Judge with 
assumed severity, 'stand up.' Mindy stood up. 
'Have you any cause to show why judgment 
of the court should not be pronounced against 
you?' At this moment Freeman McKinney. 
who with W'illiam T. Wallace, had been Min- 
dy 's attorneys, arose, and with much dignity 
n)oved the court for arrest of judgment upon 
the grounds that it had been shown in evi- 
dence that Mindy was brought to Cali- 
fornia by a man named Clarkson as a slave 
and had never been manumitted. That 



HISTORY OF SANTA CLARA COUNTY 



75 



as a slave she was property and that as a 
property she could not commit grand lar- 
ceny. 'Ah !' said Judge Redman, with a sigh 
of infinite relief, "that's the point which the 
court had in mind during the whole trial of 
this case, but did not want to suggest to coun- 
sel for the defendant. I am glad to see, young 
man, that you have not forgotten your early 
training in law nor failed to burn the midnight 
oil in this case. The point is well taken; the 
defendant is discharged, the jury is dismissed 
and the court is adjourned.' District Attorney 
Moore protested, but his protest availed 
naught. The court remained adjourned and 
Mindy went on her way rejoicing." The record 
of this remarkable case, if anyone is curious 
enough to consult it, is to be found in Record 
Book H, Court of Sessions, among the musty 
files of the office of the County Clerk. 

"There is another story of Judge Redman 
in which John H. Moore figures in his capacity 
as District Attorney. In 1852 the state legis- 
lature passed a law depriving the county court 
of jurisdiction to try certain offenses, of which 
grand larceny was on.e. It took some time in 
those days to get the official copies of the 
statutes distributed about the state. There 
was pending in Judge Redman's court about 
that time a peculiar case of grand larceny. A 
somewhat lawless limb of the law had gone 
out deer hunting, and failing to find deer had 
shot and carried home a fine young heifer be- 
longing to a Spaniard, who, discovering the of- 
fender, had the lawless lawyer indicted. He 
retained Lawrence Archer and William T. 
Wallace to defend him and the case came on 
for trial. Of course Archer and Wallace 
wished to clear their client both because he 
was such and also because he was a fellow at- 
torney. Possibly Judge Redman shared in 
this desire. It was a hot May morning some 
weeks after the legislature had adjourned that 
the case was called in Judge Redman's court. 
District Attorney Moore arose and asked that 
the case be certified to the District Court in 
consequence of the statute recently passed 
which took away the jurisdiction of the county 
court. "Mr. Moore,' said Judge Redman, 'what 
evidence have you to offer showing that the 
court has no jurisdiction to try this case?' Mr. 
Moore respectfully called the attention of the 
Court to the statute which the legislature had 
passed. 'But what proof do you present of the 
passage of any such statute?' asked the judge. 
'Why, everybody knows that the statute was 
passed,' said Moore, 'and here is a newspaper 
containing the statute in full,' answered the 
district attorney. 'Mr. Moore,' said Judge Red- 
man, 'this court does not act upon what everj-- 
body knows in depriving itself of a jurisdic- 
tion so often exercised, and, furthermore, I 



will inform you, sir, that a newspaper is not 
evidence of anything in this court. Proceed 
with the trial.' In vain the district attorney 
protested that the court had lost its jurisdic- 
tion. The court insisted on going on with the 
case, until at last the district attorney, in 
a rage at the court, left the room. This stopped 
the case and the attorneys for the defendant 
wanted it to go on. After a while Judge Red- 
man sent the sheriff after the district attor- 
ney and again demanded that he either go 
on with the case or produce a certified copy 
of the statute. Mr. Aloore would not do the 
one and could not do the other and went off 
again inwardly (and I suspect outwardly) 
cursing the court. Again and again he was 
sent for and again and again the procedure 
was gone through by the Judge, and so the 
hours of a sweltering day moved on in the 
old adobe court house until at last Judge Red- 
man, after a last attempt to get Moore to try 
the case, commanded the clerk to enter upon 
the minutes of the court that the case having 
been called and the district attorney having 
been ordered to proceed with the trial, and 
having both refused to do so and failed to 
show by proper evidence that the court had 
lost jurisdiction of the case, the prisoner 
was discharged. So the lucky dog of a law- 
yer escaped justice and Messrs. Archer and 
Wallace won a bad case without a struggle. 
"Among the lawyers who sought success 
at the San Jose bar in the early '50s there 
were some who found it not and who were 
compelled at last to seek it in other voca- 
tions and other fields of labor. Among these 
was a lawyer named William M. Stafford — 
a great big, jovial fellow who could not some- 
how succeed and had a hard time to get along. 
He lived in the southern portion of the city 
in a tumble-down tenement and came to be 
known among his fellow lawyers as 'The Lord 
of Hardscrabble.' At last he gave up the strug- 
gle for success at the bar, and going down 
into Pajaro Valley, engaged in farming. His 
departure was celebrated by the publication of 
a poem written by Col. William D. M. How- 
ard, a very bright and witty lawyer of the 
time. I extract from it a few stanzas for 
the purpose of illustrating the humor and mer- 
it of Colonel Howard's production: 

'THE LORD OF HARDSCRABBLE. 

'The Lord of Hardscrabble. Oh ! where has he 
gone ? 

He has vamoosed his rancho and left us for- 
lorn. 
He has gone to the land where the big 
"praties" grow, 



76 



HISTORY OF SANTA CLARA COUNTY 



In the rich, loamy valley of the Rio Pajaro. 

No more shall his presence enliven our hall 

In spring and in summer, in autumn and fall. 

No longer his eloquent counsel we'll hear. 

When the wise City Fathers in conclave ap- 
pear. 

No more will we gather those gems of debate 

He let fall when discussing affairs of the state. 

With a broadcast of "palabros" scattered 
around 

Like the ripe fruit of autumn strewn over the 
ground. 

The Lord of Hardscrabble, Oh ! what will he 
do, 

Where the Locos abound and the Whigs are 
so few ; 

For he's gone where the cocks of Democracy 
crow. 

O'er the crestfallen coons of Rio Pajaro. 

'In the good old Whig cause he was valiant 

and stout. 
Was never yet conquered and never backed 

out, 
And Democracy will find itself in a bad box, 
For he'll rally the coons and be down on the 

cocks, 
The Lord of Hardscrabble's a gallant old blade. 
As the sex will bear witness, both matron and 

maid ; 
But somehow or other he lived "an old bach," 
Till the roof of his head has disposed of its 

thatch. 
Oh ! why has he ventured to go forth alone 
With "no flesh of his flesh," no bone of his 

bone? 
^laj' some kind-hearted maiden his loneliness 

bless, 
And his fine portly shadow may it never grow 

less. 
And when of warm evenings he seeks his re- 
pose, 
On his cot in the house or the ground out of 

doors, 
May there be no mosquitoes around him in 

flocks, 
No flies on his nose and no fleas in his socks; 
May his dairy be filled with butter and cheese 
And his acres abound with "frijoles" and peas. 
Grain, onions, potatoes, whatever will grow 
And advantage him most in Rio Pajaro. 

'The Lord of Hardscrabble, when will he re- 
turn ? 
His absence both daily and nightly we mourn. 
And a greeting of joy will resound in his ears, 
When his well-known "cabeza" among us ap- 
pears. 
Roll on, happy day, when his jolly old face, 
All radiant with smiles, shall illumine this 
place ; 



With his purse full of cash and his heart full 

of joy. 
Success to Hardscrabble, the jolly old boy.' 

"The first court house of the county of Santa 
Clara was located on the west side of First 
street between Santa Clara and El Dorado 
streets, and about opposite what was then 
Archer, but is now Fountain Alley. The low- 
er part of this building was adobe and was 
used as the court room of both the District 
and County Courts. The upper part was frame 
with the stairway on the outside of the build- 
ing and in that portion were located the of- 
fices of the sheriff and clerks of the court. 

"Judge Watson was the first district judge, 
Judge Redman the first county judge, E. K. 
Sanborn the first district attorney, H. C. Me- 
lone the first clerk, and John Yontz the first 
sheriff of the county of Santa Clara. In this 
old court house during the years 1850-1, these 
dignitaries with the assistance of the members 
of the bar, dispensed justice in their own primi- 
tive but rather vigorous way. A great many 
of the cases were tried with the aid of the 
jury, and out of this fact arose a curious cus- 
tom, which, as is perhaps well known, has 
gone out of date. In the early '50s whittling 
was a great accomplishment in the average 
citizen, who idled his time away about the 
stores or saloons or in the plaza of the village 
of San Jose. It was probably from this class 
of citizen that the early juries were mainly 
drawn. When trials were tedious and argu- 
ments of counsel long drawn out, what else 
could be expected than that the expert whit- 
tlers on the jury would perhaps unconscious- 
ly display their skill on the benches, posts 
and railing of the jury box. Sheriff Yontz, 
soon after his official duties began thought 
that the redwood and pine of the jury box 
in the court room was growing grotesque in 
form and beautifully less beneath the expert 
jack knives of his juries. He was at a loss 
for a time for a remedy, but presently he found 
it, and thereafter at every session of the court, 
when a jury was to be drawn, Sheriff Yontz 
gravely brought into the court room and 
placed on the jury box a large bundle of white 
pine sticks cut to a size and shape to suit a 
whittler's fancy. By this expedient the sher- 
iff saved the pillars and benches of the jury 
box from a destruction that was more rapid 
than the tooth of time. 

"Among the lawyers who practiced at the 
bar of our District Court was William B. 
Almond, who had been Judge of the Court 
of First Instance in San Francisco before 
the organization of the state. Judge Almond 
was a genial gentleman of the old school, who 
loved his tipple and always kept a demijohn 
of cognac in the chambers adjoining the court. 



HISTORY OF SANTA CLARA COUNTY 



n 



When the judicial duties of the day were over 
it was the Judge's habit to go to his cham- 
bers and enjoy a glass of cognac. The Court 
of First Instance was a very busy tribunal 
during Judge Almond's term, owing to the 
many cases which arose in '49 over the pos- 
session of lots in the growing city. In con- 
sequence Judge Almond had a great many 
papers in the form of orders and decrees to 
sign and in the hurry his signature often 
became a very hasty and formal act. Among 
the attorneys who practiced in Judge Almond's 
court was Gregory Yale, who loved joking 
and brandy with equal fervor. On one of 
Judge Almond's busiest days Gregory Yale 
gravely presented an order for the Judge to 
sign. The signature was attached and Yale 
went away. Presently the court adjourned 
and Judge Almond went to his chambers for 
his wonted glass. The demijohn was gone and 
in high dudgeon Judge Almond called the bail- 
iff of the court and asked him what had be- 
come of it. The bailiff answered that he had 
taken it over to the office of Gregory Yale. 
'Who ordered you to do that?' said the Judge 
in a rage. 'Your Honor did,' responded the 
bailiff, and straightway drew from his pocket 
the following order signed by the Judge : 

" 'Good cause appearing therefor, it is or- 
dered that the bailiff of this court do forth- 
with convey to the office of Gregory Yale, Esq., 
that certain demijohn of cognac, now lying 
and being in and upon those certain premises 
known and more particularly described as the 
Chambers of the Honorable Judge of this 
Court.' It was the order he had signed that 
morning. Judge Almond never saw nor tasted 
his cognac again, but the flavor of this joke 
remained with him for many a day. 

"Throughout all my gleanings of fact and 
fancy there has been constantly presented to 
me the outlines of a gigantic figure ; the rem- 
iniscences of a character vast and strange; 
the recollections of a genius more powerful, 
more original and yet more eccentric than any 
other which ever flashed its light across the 
history of California ; the memories of a man 
and of a lawyer whose living and whose dy- 
ing verified the truth, 'Great minds to mad- 
ness closely are allied.' I refer to Rufus A. 
Lockwood. 

"In the early part of the year 1850 an im- 
portant case came on for trial in the Court of 
First Instance at San Jose. It was the case 
of Hepburne vs. Sunol et al., involving the 
title and right of possession of a portion of 
the Los Coches Rancho. C. T. Ryland and 
John H. Moore represented the plaintiff and 
James M. Jones appeared for the defendants. 
The plaintiff's attorneys were then young men, 
recently from the East and not yet versed in 



the Spanish language or law. The attorney 
for the defendant, on the contrary, was a law- 
yer of great experience in the practice of the 
civil (or Spanish) law and a linguist perfect- 
ly familiar with the Spanish language. He 
was, moreover, one of the deepest students and 
most brilliant men of the time, and in the 
case at issue had the young attorneys for the 
plaintiff at a disadvantage. One day while 
some phase of the case was up before Judge 
Kincaid for argument, E. L. Beard, of the 
San Jose Mission, happened into the court 
nil and soon saw that Moore and Ryland 
were getting worsted in their case by rea- 
son of Jones' superior knowledge of the Span- 
ish law. He went over to Moore and sug- 
gested that he ought to have the assistance 
of a lawyer who could read Spanish and cope 
with Jones in the application of the law. 
'Where can we find such a man?' asked Mr. 
Moore. 'I have the very man you need at 
the Mission,' answered Beard, 'and I'll send 
him down to assist you. His name is Lock- 
wood.' When the day for the trial of the 
case came on there walked into Judge Kin- 
caid's court room in the old Juzgado a large, 
awkward and roughly dressed man and took 
his seat with the plaintiff's attorneys. It was 
Rufus A. Lockwood. He made no immedi- 
ate manifestation of power, but listened close- 
ly while the pleadings were read, the jury im- 
paneled, and the trial of the cause begun. He 
saw that the case involved one of those clash- 
ings between the American and Mexican peo- 
ple so common in those early times. He no- 
ticed that the jury was a 'Missouri' jury, whose 
sympathies would naturally be with the plain- 
tiff. He quietly waited for his opportunity to 
cope with the only dangerous element in the 
case, viz., the learning and ability of James 
M. Jones, the defendant's attorney. Presently 
a question of law arose and Jones began to 
argue it with the aid of the Spanish statutes, 
which he read and then translated to the court. 
He made an argument clean cut and strong, as 
was his wont, and sat down confidently. Then 
Lockwood arose, and with one sweep of re- 
sistless logic destroyed the whole fabric of 
Jones' speech. He turned to the very statute 
from which Jones had quoted, read it with the 
facility of a master of the Spanish tongue, 
translated it luminously, expounded it learned- 
ly, and from it showed to court and jury that 
the law was with the plaintiff in the case. The 
whole court room gaped with astonishment, 
while the plaintiff and his attorneys hugged 
themselves with delight at the possession of 
such an ally. Every one felt and saw that 
they were in the presence of a master mind. 
The expected victory of Jones was turned into 
a rout, which during the remainder of the trial 



78 



HISTORY OF SANTA CLARA COUNTY 



he could not check with all his talent and in- 
dustry. He worked the night out to win his 
case, but in vain. 'This man Lockwood is kill- 
ing me,' said Jones to Moore as the case drew 
to its close. The last day of the trial was 
February 22, 1850, when Lockwood's speech to 
the jury' was delivered. Brief snatches of that 
splendid burst of oratory still linger in the 
memories of our pioneers who were privileged 
to hear it. They tell of Lockwood's descrip- 
tion of the Battle of Buena Vista, which oc- 
curred on February 22, 1846, and of which 
this day was the anniversary. He pictured 
General' Taylor's victory over the 'greasers' to 
that jury of Missourians and called upon them 
to celebrate it today with a victory for the 
American plaintiff and against the 'greaser' 
defendant in the case. Such an appeal was 
irresistible and Lockwood not only won his 
case but established himself at once as the 
greatest lawyer who had ever shaken the walls 
of the Juzgado with the thunders of his elo- 
quence. 

"The next great case in which Lockwood 
was engaged and tried in San Jose was the 
case of Metcalf vs Argenti. The suit arose in 
this wise: Argenti was a banker in San Fran- 
cisco and was prominent among the members 
of the first Vigilance Committee. Metcalf 
was an arrival from Australia, who for some 
reason fell under suspicion and was rough- 
ly treated by the Vigilantes. He brought suit 
against the leading men composing that body 
and employed Lockwood and Edmund Ran- 
dolph as his attorneys. The case was tried 
first in San Francisco and resulted in a mis- 
trial by reason of the strong prejudice in fa- 
vor of the Vigilance Committee of that city. 
It was then transferred to Santa Clara Coun- 
ty for a second trial and came on in 1852. 
Lockwood was very much opposed to the 
methods of the Vigilance Committee and went 
into this case with more than his usual zeal 
and vigor. Those who heard his speech to 
the jury in that case say that it surpassed all 
of the speeches they have ever heard before 
or since. It was published in pamphlet form 
and may still be found occasionally in the li- 
braries of the lawyers of that time. 

"The abilities which Lockwood displayed in 
the trial of these great cases gave him a state 
reputation as being the greatest lawyer on the 
Coast. Doubtless he was and would have died 
secure in that reputation, but for that strain 
approaching insanity in his nature, which led 
him to such extremes in conduct and experi- 
ence. Many stories are told of his skill in the 
court room where he was the wonder and ad- 
miration of the bar. In fact every one who 
came in contact with him had imprinted on his 
mind a vivid picture of the man; of his facial 



expression, of his physical movements and of 
his original style, and a strong remembrance 
of his powerful voice, which, to use the lan- 
guage of Judge Moore, 'was like the growl of 
a grizzly bear.' Walking down the street the 
other day I met J. H. Flickinger who told me 
that of all the pioneers of California his recol- 
lection of Lockwood, was perhaps the earliest 
and the most pleasing. He was a fellow pas- 
senger with Lockwood when he first came to 
California around the Horn in 1849. For the 
first month out from New York Lockwood 
never left his cabin, but after that he began 
to mingle with the rest. Before the voyage 
was ended the passengers became aware of 
the fact that they had on board the most sin- 
gular, brilliant and versatile genius they had 
ever known. The range of his reading and 
of his experience ; his knowledge of human 
character ; his command of language, of liter- 
ature and the infinite variety of his moods, 
were a revelation to his shipmates. After the 
voyage was ended and during the whole of 
Lockwood's career in California he retained 
his friendship for Mr. Flickinger, and when- 
ever he was in San Jose w-as pleased to spend 
a while with his "shipmate" and live over again 
their mutual past. 

"Elias L. Beard, of San Jose Mission, was 
a long and strong friend of Lockwood. Beard 
was an aggressive character and was involved 
in lawsuits of various kinds in all of which he 
had Lockwood for his attorney. One time a 
fellow whose name has escaped immortality, 
sued Beard for slander and employed E. K. 
Sanford as his attorney. The case came on for 
trial before Judge Watson, with Lockwood for 
the defense. Sanford made his opening speech 
to the jury, and it was very flowery. He quot- 
ed elaborately from the poets as to the value 
of a man's character and the outrage of slan- 
derous assaults upon it. 'Who steals^my purse 
steals trash, etc.,' came in the climax, and San- 
ford sat down well pleased at his burst of ora- 
tory. Then Lockwood arose, and. addressing 
the jury, also took the subject of character for 
his theme. He dwelt upon the value of char- 
acter more eloquently than his opponent, quot- 
ed again all of the poetic passages which San- 
ford had done, and adding to their number, 
built up his speech to the very summit of a 
splendid consummation and then capped it all 
with this anti-climax, which won his case. 
'Gentlemen of the jury, remembering all that 
I have said to you of the value of human 
character, I solemnly declare that if you will 
give a down-East Yankee a jack-knife and a 
cedar stick he'll whittle out a better char- 
acter in five minutes than has ever been es- 
tablished yet in any court of justice.' 



HISTORY OF SANTA CLARA COUNTY 



79 



"Rufus A. Lockwood was once the defend- 
ant in an action brought by one named Harlan 
in our District Court, and involving the title 
to a piece of land adjacent to San Jose. Lock- 
wood was his own lawyer and did not have 
a fool for a client, in spite of the old legal 
saw. The case turned upon the validity of a 
certain deed which made its appearance at 
the trial and was offered in evidence by the 
plaintiff. It appeared to be entirely in the 
handwriting of Lockwood and to convey the 
premises in question. If valid and so found 
by the court, Lockwood would have stood be- 
smirched with having acted dishonorably to- 
ward Harlan. The case was hotly contest- 
ed on both sides, and Lockwood's blood was 
up. When the deed was produced and oiifered 
in evidence Lockwood looked it over careful- 
ly and then arose in court, and in a voice of 
thunder declared it a forgery. William T. Wal- 
lace was attorney for the plaintiff, and seeing 
Elias L. Beard in the court room, called him 
suddenly to the witness stand to testify as to 
Lockwood's signature. Beard didn't want to 
testify against his friend, but after carefully 
examining the instrument he was obliged to 
swear that he believed it to be in Lockwood's 
hardwriting. Lockwood cross-examined him 
as follows : 'Elias. you think that I wrote that 
deed, do you?' 'Yes. Rufus,' reluctantly stam- 
mered Beard, 'I think that's your handwrit- 
ing.' 'Now, Elias,' said Lockwood (who prid- 
ed himself on his spelling), 'if I was going to 
write a deed, do you think that I would spell 
'indenture' with two tt's?' Beard hastily 
scanned the deed, and there, sure enough, was 
'indenture' spelled with two tt's. 'No, Ru- 
fus,' said Beard, exultingly, 'I don't believe you 
would, and I think this deed is a forgery.' And 
so it proved to be, for after the case was end- 
ed it was discovered that a fellow who was 
staying at Harlan's house, and who was an ex- 
pert penman and given to imitating handwrit- 
ing, had written the deed." 

Judge Richards' graphic and interesting pic- 
ture of Lockwood gives the historian oppor- 
tunity to supplement it with the following 
review of the distinguished lawyer's checkered 
career : 

Rufus A. Lockwood was born in Stamford, 
Conn., in 1811. His true name was Jonathan 
A. Jessup. At eighteen he was a student at 
Yale but left in the middle of the term to 
enlist on a LTnited States man-of-war. In his 
first cruise he saw one of his shipmates tied 
up and brutally flogged for a trivial ofifense. 
Shocked by the sight he deserted and changed 
his name to Lockwood. It was not long be- 
fore he was in Chicago. After teaching a 
country school, studying first medicine and 
then law, he was admitted to practice in the 



courts of the state. In 1836 he opened a law 
office in Lafayette, Ind. An opportunity to 
show his merit soon came. Engaged for the 
defense in a celebrated murder case he made 
such an impression on the jury that a ver- 
dict of acquittal was rendered. The speech 
was such a masterly effort as to warrant its 
publication in pamphlet form. This historian 
saw a copy in the late '60s. It was the prop- 
erty of Joseph Patton, then a member of the 
police force and a brother of the second wife 
of J. J. Owen, then the editor of the Mer- 
cury. Patton had been present at the trial 
and he said that the perusal of the speech 
could give no adequate conception of its liv- 
ing effect. It was. in his opinion, the best 
jury speech ever delivered on this continent. 
Lockwood's victory brought him into the full 
blaze of popular attention and applause. For 
a few years his professional business was large, 
but through dissipation and unfortunate land 
speculations his debts at last accumulated be- 
yond his ability to pay. He raised what money 
he could for the benefit of his creditors, 
then went to Mexico and there entered upon 
a course of riotous living interspersed with 
periods of study in which he obtained mas- 
tery of the Spanish language and Spanish civir 
law. When his funds grew low he worked 
his way back to the United States and re- 
sumed his law practice in Lafayette. While 
the California gold excitement was at its 
height he joined in the rush ; arrived in San 
Francisco low in pocket and for six months 
was clerk in a law office where he not only 
furnished the law, but swept out the office, 
made fires, etc. He received his wages every 
evening; every night found him in a gambling 
house ; every morning found him penniless. He 
afterward entered into a law partnership but 
soon threw up the business on account of his 
unfortunate habits and as a penance hired 
himself out as a day laborer, shoveling sand, 
coaling steamers, doing anything that came 
to hand. This fit lasted a month or two. 
Then with a clear brain he opened a law 
office and was soon in possession of a lucra- 
tive practice. 

His professional gains only increased his 
passion for gambling and drinking and again 
at war with himself and the world he sailed 
for Australia, remaining there two years. One 
time he was clerk in a law office, but was 
discharged because he refused to copy into 
a brief a paragraph that was not law. His 
last occupation in Australia was that of herd- 
ing sheep. After his return to San Francisco 
he was engaged to argue a famous land case 
before the U. S. Supreme Court. By his ef- 
fort in that court he showed himself to be 
the equal of the best lawyer in the land. He 



HISTORY OF SANTA CLARA COUNTY 



returned from Washington in 1856. In the 
fall of 1857 he sailed for the Isthmus en route 
to New York, on professional business. At 
Aspinwall he connected with the Central 
America on her last voyage. She was wrecked 
in a storm and not a single passenger was 
saved. 

Judge Richards continues his reminiscences 
by the following story: "The account of 
Lockwood's death recalls the manner of dy- 
ing of another member of our early bar, of 
whom I have written — Freeman McKinney. 
When Henry A. Crabbe conceived his fatal 
filibustering expedition into Sonora in 1857 
he attracted a number of brilliant but adven- 
turous characters to his company, and among 
these was Freeman McKinney. Doubtless the 
expedition was entered upon in good faith by 
many of Crabbe's followers, who were led to 
believe that an actual revolution was in prog- 
ress in Sonora. McKinney was captured and 
shot. He met death like a brave man. 

"Still another story has been told of Judge 
Redman. One day as he sat in his court 
room, with his clerk, H. C. Melone, writing 
below him, J. Alexander Yoell entered. His 
business was with Melone, who was a large 
man of strong likes and dislikes, and of quick 
temper — a typical border character. Between 
himself and Yoell a misunderstanding oc- 
curred, which on Melone's part ripened at 
once into a row and he pitched into Yoell. The 
Judge sat quietly viewing and enjoying the 
tussle and making no effort to stop it until 
some gentlemen entered and separated the 
combatants. Then turning to the Judge, with 
some indignation, he said, 'You're a pretty 
specimen of a Judge to sit there and permit a 
personal encounter to go on in your court.' 
'My friend,' said Judge Redman, calmly, 'What 
could I do? The Legislature in its wisdom has 
not seen fit to provide my court with a 
bailiflf, and hence I could not order them 
into custody. The clerk, you see was en- 
gaged, and I could not have entered a 
fine; and if I had descended from the 
bench to interfere I would cease to be 
Judge and would be no better than any 
other fool in the court room.' I am told that 
when this yarn was told to Stephen J. Field 
of the Supreme Court, the eminent jurist 
laughingly declared that Judge Redman's po- 
sition was correct. 

"It may be gathered from some of these 
sketches that the lawyers of our early times 
did not always have their law books, either 
when out of court in the day time, or be- 
tween days when they burned the midnight 
oil. Nearly all of the pioneers of the bar 
played cards and often enjoyed the game 
greater when the pot was a big one and the 



bets were high. Here is an incident of one 
of those heavy earthquakes which visited the 
Coast and struck terror to the heart of its 
denizens during the '50s, and before the aver- 
age man grew accustomed to 'temblors'. One 
day William T. Wallace, John H. Moore, J. 
A. Moultrie and a layman or two were having 
a quiet game in one of the adobes near the 
court house. The pot was large, the bets were 
made and ended, and a show-down was about 
to be made when the earthquake came. Every- 
body made for the street as earthquake-shaken 
people only can. After the danger was over, 
the players remembered their game and re- 
turned to the adobe. The 'pot' was still there, 
but every player, save one, had lost his hand 
somewhere in the panic. That one was 'Bill' 
Wallace, who, with a presence of mind which 
was characteristic, produced the cards he had 
clung to throughout the earthquake, and 
claimed the pot. The hand was a low one, 
but he dared the rest to show a higher, and 
when none of them could, he raked the pot. 
"When Judge Redman resigned his office of 
county judge in 1852, C. E. Allen was appoint- 
ed to serve out his unexpired term, which he 
did with great credit to himself and to the 
court. After him came R. B. Buckner, who 
was elected in 1853. We all remember Judge 
Buckner and his quaint ways of dispensing 
justice from his bench as justice of the peace 
in modern days. On the old-time county 
bench he was much the same in method, as 
the following incident will illustrate : One 
party had leased a piece of land to another 
for a term, which ended, and he removed 
from the land leaving behind him a quantity 
of compost, which later he tried to remove, 
but was prevented by the owner of the land. 
The tenant brought a replevin suit against his 
former landlord for possession of the compost, 
in Judge Buckner's court. The case dragged 
on while the lawyers disputed in briefs and 
arguments about the law of fixtures, and the 
principles governing the change of personal 
into real property. At last the actual trial 
came on, when the defendant proved that since 
the case was commenced his chickens had 
so scattered the compost that it had lost its 
identity and become mingled with the soil 
of his land. Judge Buckner chewed his in- 
variable 'quid' calmly until the time for pro- 
nouncing judgment came. He then rendered 
his decision as follows: 'This case has been 
argued learnedly by the lawj^ers on both sides, 
who have drawn fine distinctions between per- 
sonal and real property. The court does not, 
liowever, deem it necessary to draw any such 
nice distinctions, for the reason that the evi- 
dence shows that while the action has been 
pending the defendant's chickens have scat- 



HISTORY OF SANTA CLARA COUNTY 



81 



tered the property in controversy beyond 
identification, and have thereby literally 
scratched the plaintiff's cai;e out of court.' 

"The first legislature of California, which 
met in the fall of 1849 in San Jose, provided 
the state with a judicial system, consisting of 
a Supreme Court and nine District Courts, 
which met in as many judicial districts 
throughout the State. The counties of Santa 
Clara, Contra Costa, Santa Cruz and Monte- 
rey constituted the Third Judicial District un- 
der this statute, and John H. Watson was ap- 
pointed its judge. Judge Watson was a man 
of considerable ability, but of not a very vast 
fund of legal knowledge. He it was who de- 
livered the famous and humorous charge to the 
jury at Monterey in the case of Dean vs. Mc- 
Kinley, and which has heretofore been record- 
ed. One day while the Judge was traveling 
from San Jose to Santa Cruz (to held court 
there) in company with several members of 
the bar of his district, among whom was R. 
F. Peckham, the latter began to poke fun 
at Judge Watson for his charge to the jury 
in the McKinley case. 'Now, Peckham,' said 
the Judge, 'don't you think I do about as well 
as any one else who don't know any more law 
than I do?' 'Before I can answer that ques- 
tion, Judge,' answered Peckham, 'I would have 
to ascertain just how much law you do know.' 
" 'Well, to tell the truth, Peckham, 'I don't 
know any, for I never read a law book in my 
life.' 'Well,' laughed Peckham, 'I must say that 
for a judge who never read a law book you do 
remarkably well, but how do you manage to 
get along with your cases?' 'I'll tell you the 
secret, Peckham,' said Judge Watson, 'I make 
use of two presumptions in the trial of my 
cases. When I have heard the evidence I first 
presume what the law ought to be to do jus- 
tice between the parties, and after I have set- 
tled that presumption I next presume that the 
law is what it ought to be, and give judg- 
ment accordingly.' 

"Here is another instance of Judge Wat- 
son's affection for presumptions. One day 
James M. Jones was arguing a case befor? 
Watson, which involved some proposition of 
the old Spanish law. Watson didn't understand 
Spanish, and hence Jones had to both read 
and translate the law which he claimed would 
sustain his case. Judge Watson didn't like the 
law which Jones was evolving from the Span- 
ish text and after awhile he said : 'Mr. Jones, 
the Court has no doubt that you are correct- 
ly translating that statute and that it at one 
time was the Spanish law ; but that statute is 
so absurd and unjust as applied to the facts 
in this case that the Court is going to pre- 
sume that the law you are citing has been re- 



pealed.' Of course such presumption was in- 
disputable and Jones lost his case. 

"The term of Judge Watson's service on the 
district bench was ended in 1851 by his sud- 
den resignation and return to the practice of 
law. John H. Moore was then district attor- 
ney, and being a young, vigorous and prosper- 
ous attorney, he gained many convictions. 
Judge Watson saw this criminal business 
growing in his court, and saw also Moore's 
success. He had some abilities as an orator, 
had the Judge, and he conceived the idea that 
he could make a fortune defending criminals. 
So one day he resigned and at once opened 
a law office. Meeting Moore afterward he told 
him of his plans and rather boastingly informed 
the young district attorney that the day of his 
success as a prosecutor was passed. Moore ad- 
vised him not to be too confident until he had 
won a case or two. The very next case which 
came up for trial was the case of one Basquiz 
for horse stealing. The penalty for this of- 
fense was at that time capital unless the jury 
fixed a lesser punishment, but District Attor- 
ney Moore, not believing in the harsh law, had 
never yet asked a jury to permit the extreme 
penalty. When Judge Watson, however, vol- 
unteered to defend this horse-thief, Moore told 
him that he had a bad case and that his client 
might hang. The Judge, however, was confi- 
dent of his power before a jury, and the case 
came on. Upon the argument Judge Watson 
spread himself in a wild flight of oratory, but 
all in vain, for the jury stayed with Moore and 
brought in a prompt verdict for conviction 
without limitation, and Judge Watson's first 
client was hanged. 

"Upon the retirement of Judge Watson, 
Craven P. Hester, Esq., was appointed in his 
stead. Judge Hester was a native of Indiana, 
where he studied law and practiced it for some 
years before coming to San Jose. He brought 
to the bar of San Jose a fine reputation as a 
lawyer and as a man of high sense of profes- 
sional and personal honor. His appointment 
in 1859 to Judge Watson's vacant seat gave 
general satisfaction and when the general elec- 
tion came a year later he was chosen to serve 
for a term of six years as district judge. A 
great many important cases were tried before 
Judge Hester and the ablest lawyers in the 
state of California practiced in his court. The 
sessions of the District Court were held in the 
State House until it was destroyed by fire in 
1853, when the county provided them with 
quarters in the frame building which was re- 
cently removed from the southeast corner of 
Second and San Fernando streets. There for 
several years Judge Hester held his court. 
There occasionally came such lawyers as Lock- 



82 



HISTORY OF SANTA CLARA COUNTY 



wood and Randolph and Baker and other bril- 
liant men from the bar of the State. 

•'When the judicial term of Judge Hester ex- 
pired he was not re-elected, and as I am told, 
for a peculiar reason. In the district of Judge 
Hester there were many lawyers of several de- 
grees of merit. The leader of the San Jose 
bar was William T. Wallace during the '50s. 
The leader of the Monterey bar was D. R. 
Ashley, and of the Santa Cruz bar was R. F. 
Peckham during the same period. This trio 
of lawyers each worked hard at their cases, 
tried them well, and in consequence, were very 
successful each at his own bar. Their suc- 
cess made other lawyers of less studious hab- 
its jealous, and as the time for another elec- 
tion came on. they spread the campaign rumor 
that this trio of lawyers 'owned' Judge Hes- 
ter and that he always decided their way. The 
opposition nominated Samuel Bell McKee 
upon this issue and succeeded in electing him. 
Accordingly Judge McKee became district 
judge in 1858, and remained so until the change 
in the district made in 1872, by which the old 
Third with some variations became the Twen- 
tieth Judicial District and David Belden, Esq., 
was elected as judge." 

This concludes the excerpts from Judge 
Richards' article. There are, however, more 
stories about that eccentric character, J. Alex- 
ander Yoell. He was one of the ablest law- 
yers of the early days but his peculiar dis- 
position kept him continually in hot water. He 
was fiery, impetuous and quick to take ofifense 
and could not control his tongue. If the num- 
ber of times he was fined for contempt of court 
could be ascertained it would take up a whole 
page of this history. W^illiam Matthews was 
another old time attorney. He was a South- 
erner, polite, precise, dignified and of undoubt- 
ed courage. Once he and Yoell opposed each 
other in a court case. During the trial Yoell 
became angry at some remark of Matthews' 
and made a vitriolic reply. The next instant 
an ink bottle caromed on Yoell's forehead, the 
ink running in little rivulets down his face. 
His right hand went quickly toward his hip 
pocket, but before the hand reached the pocket, 
the muzzles of two derringer pistols were 
pointed at his head. "Hands up!" sternly 
commanded Matthews. Yoell's hands went up 
immediately. Then he said in a shaking voice 
as he spat out the ink which had dribbled 
over his upper lip : "Good God, Matthews, 
won't you let me get out my handkerchief?" 

Another lawyer with whom Yoell had fre- 
quent spats was C. C. Stephens, now a resi- 
dent of Los Angeles. A will case was on trial 
before Judge Belden. Stephens appeared for 
the i)roponent, Yoell for the respondent. One 



of Stephens' witnesses met Yoell on the street 
and after a short talk about the case the wit- 
ness was advised by Yoell not to testify un- 
til after he had received his fee. Yoell be- 
lieved that Stephens was short of money and 
that the demand of the witness would not be 
complied with. Therefore the trial would ei- 
ther be delayed or valuable testimony for the 
proponent would be lost. The witness prom- 
ised to follow the advice and in due time was 
called to the stand. Before taking the oath 
he said to Stephens : "I want my fee before 
I testify." Stephens fished out a handful of 
loose change and then said: "Be sworn and 
then I talk turkey." The witness took the 
oath and then waited for the payment of the 
fee. "One moment," said Stephens, "I've got 
to figure this out. You live in Berryessa and 
the mileage is — hold on, I've forgotten some- 
thing. Before we go any further, I must make 
sure you are the witness I want. Were you 
present when the will was signed?" "Yes," 
replied the unsuspecting witness. "Did you 
witness the signature?" "Yes, of course I did." 
"Then you are the man and that's all I want 
of you. Mr. Yoell, you may have the wit- 
ness." So saying Stephens put back his money 
and grinned at Yoell, whose face was black 
with rage. "You're a pettifogger," Yoell 
shouted. "Mr. Yoell," admonished the Court, 
"I can not permit the use of such language." 
"But he's a pettifogger," raved Yoell, "and 
he's cheating this witness." "Sit down," was 
the stern command from the bench. "Mr. 
Yoell, you are fined fifty dollars for contempt 
of court. Mr. Sheriff take him into custody 
and keep him confined until the fine is paid." 
In the late '60s W. Frank Stewart, as jus- 
tice of the peace, held court in a small room 
on South Market street near Santa Clara street. 
Stewart was a queer genius and no one who 
ever saw and talked with him will ever forget 
him. He was over six feet in height and bony 
and angular. In many respects he bore a 
marked resemblance to Abraham Lincoln, 
though his features were of a sterner type. 
He was a Southerner, with the sensitiveness 
of a woman and the fearlessness of a crusader. 
His life had been an adventurous one. He had 
fought in the Mexican war, filibustered in 
Mexico with Walker, been editor, miner, poet, 
geological expert, saloon-keeper, merchant and 
justice of the peace and was quite capable 
of filling any office within the gift of the peo- 
ple. After he left San Jose, he went to Ne- 
vada, became state senator, afterward state 
mineralogist and died in the early '80s. As 
a justice he was just in his decisions but very 
testy and severe with lawyers who attempted 
pettifogging. J. Alexander Yoell was a source 
of constant annoyance to Stewart. Yoell was 



HISTORY OF SANTA CLARA COUNTY 



83 



fiery and irrepressible and paid not the slight- 
est regard to the orders and rules of the 
Court. One day Stewart's wrath at Yoell's 
actions exceeded all bounds. One fine for con- 
tempt was succeeded by another until the 
amount reached a thousand dollars. Then 
Stewart used language unfit for print. The at- 
torney replied by throwing an ink bottle at the 
Justice's head. Stewart dodged the missile, 
then got to his feet. "I will adjourn Court 
five minutes." he said, "while I lick the" (the 
words are unprintable). Putting on his hat 
and grasping his cane he started for the bench. 
Yoell, realizing that Stewart meant business 
went out of the door like a flash and tore up 
the street. Stewart, raging like a mad bull 
plunged after him and business on Santa Clara 
street was suspended while the chase contin- 
ued. But Yoell was the better sprinter and a 
physical conflict did not take place. 

While Stewart was holding court on South 
Market street, Jo Johnson, a Southerner, who 
had been bailiff of Judge Redman's court, was 
administering justice on the lower floor of the 
old city hall on North Market street. J. Al- 
exander Yoell and W. H. Collins were legal 
rivals in a petty case. Yoell's exasperating 
tactics so wrought upon Collins' nerves that 
the two attorneys soon came to blows. While 
they were rolling upon the floor like two angry 
cats Johnson left the bench, cane in hand, and 
standing over the combatants regarded them 
for a moment with an amused smile. Then he 
raised his cane and whack ! it came down on 
Yoell's head. Yoell ceased to struggle and lay 
still. Then Collins got to his knees and was 
about to speak when whack ! from the cane 
and Collins straightened out and for a time 
ceased to take any interest in court room af- 
fairs. Later, when heads had been bandaged 
fines were imposed only to be remitted when 
humble apologies had been made. 

The County Court went out of existence witli 
the adoption of the new constitution in 1879. 
The judges were as follows: J. W. Redman, R. 
B. Buckner, John H. Moore, Isaac N. Senter, 
Lawrence Archer, R. I. Barnett and D. S. 
Payne. 

The first grand jury of the county was com- 
posed of the following persons : Charles 
White, foreman; James F. Reed, William 
Campbell, David Dickey, William Higgins, 
G. W. Bellamy, Jeptha Osborn, J. W. McClel- 
land, Arthur Shearer, C. Campbell, Lewis 
Cory, W. G. Banden, James Murphy, R. M. 
May, James Appleton, Carolan Matthews. F. 
Lightston, W. Hoover, C. Clayton, J. D. Curd. 

The first court house was the old Juzgado, 
fronting the plaza, which at that time extend- 
ed north to or beyond First Street. It was not 
well adapted to the purpose and in 1850 the 



court was removed to a two-story adobe build- 
ing on the west side of First Street opposite 
Fountain Alley. It occupied this building 
until the latter part of 1851, when it was for a 
short time held in the Bella Union building on 
Santa Clara Street. From there it went to the 
State House building, near the corner of Mar- 
ket and San Antonio streets, where it re- 
mained until that building was burned down. 
It then went into temporary quarters at the 
city hall, then located on Lightston Street, be- 
tween Santa Clara and El Dorado. In the 
meantime the county had purchased a lot at 
the southeast corner of Second and Santa 
Clara Streets and the buildings were fitted up 
to accommodate the county offices and courts. 
Here the department of justice rested until 
1868. when it took quarters in the Murphy 
block at the southeast corner of Market and 
Santa Clara Streets. Its stay here was only 
for a few weeks, for in the same year the 
present court house was completed and ready 
for occupancy. 

The Third Judicial District bench was occu- 
pied by Judges Watson, Hester and Sam Bell 
McKee. ' The legislature of 1871-72 created a 
new judicial district, which was called the 
Twentieth and composed of the counties of 
Santa Clara, Santa Cruz and Monterey. Hon. 
David Belden was appointed judge of the new 
district and he remained in the position until 
the reorganization of the judicial system in 
1880. Under the new system Santa Clara 
county was allowed two judges, and at the 
election in 1879 David Belden and Francis E. 
Spencer were chosen. The great learning and 
sound reasoning of these two jurists gave the 
bench of Santa Clara County a reputation sec- 
ond to none in the LTnion. Many times had 
these learned judges been called upon to pre- 
side at trials of important cases elsewhere, 
and hardly ever was the calendar called that 
it did not disclose some suit of magnitude sent 
to them for adjudication from other counties. 
Judge Belden died May 14, 1888. and a few 
years later Judge Spencer passed to his re- 
ward. At Judge Belden's death the whole 
state mourned. While his wonderful learning 
excited admiration and his strict integrity in- 
duced respect, no less did his warm, sympa- 
thetic nature command the afife^^^iion of all with 
whom he came in contact. He was simple in 
his habits and unostentatious in his appear- 
ance. Any one could approach him and draw 
at will on his great stores of knowledge, while 
neither his heart nor his purse was closed to a 
tale of distress. Judge Spencer said of him : 
"He was a truly remarkable man. Many have 
gone before him whose legal attainments have 
been equal to his. Others may have equally 
possessed the treasure of masterly eloquence, 



84 



HISTORY OF SANTA CLARA COUNTY 



but it has never been my fortune to find com- 
bined in any other person so many rare and 
glowing qualities of heart, brain c;nd personal 
accomplishments. xA.s an orator it has been 
truly said of him that he possessed 'a tongue 
of silver'; his command of language was won- 
derful, his selections beautiful and most 
happy. He was wont at times with his bursts 
of eloquence to hold his listeners delighted 
and entranced. Although his delivery was 
rapid, he never hesitated for an apt word or 
sentence. His words came skipping rank and 
file almost before he would. As a jurist he 
had few superiors. Well grounded in the ele- 
ments of law, and conversant with the mass of 
judicial precedents, he added that rare percep- 
tion of principles applicable to any given set 
of facts, and that peculiarly incisive power of 
reasoning that makes the true lawyer. He 
was a just judge, a wise interpreter of the lav,- 
and evidence, and withal simple and unassum- 
ing in manner and sympathetic almost to a 
fault." 

Judge Spencer was a man of profound legal 
attainments. He was admitted to the bar in 
1858 and in 1863 was appointed city attorney, 
a position he held for seventeen years. Here 
he made a record that established his reputa- 
tion for legal learning and as a man of great 
resource. In two suits he not only relieved 
the city from indebtedness but removed the 
last cloud from the title of every foot of land 
in the city. He held the office of district at- 
torney for two terms and refused a nomina- 
tion for a third. In 1871 he was elected a 
member of the Assembly and was made chair- 
man of the judiciary committee of that body. 
One notable peculiarity of his work was the 
care with which he prepared his cases for trial. 
No point was too insignificant to be thorough- 
ly investigated and the law and the authori- 
ties thoroughly collated. All his knowledge, 
which included anatomy, engineering, geol- 
ogy, metallurgy and mechanical appliances, 
he carried with him to the bench. Besides 
his great learning and sound judgment, two 
other qualities stood out prominently in his 
administration of justice — the firmness and 
dignity with which the aflfairs of his tribunal 
were conducted and the uniform courtesy 
which was extended from the Bench to the 
Bar and to all others who appeared in his 
court. When the Leland Stanford Jr. Uni- 
versity was established. Judge Spencer was 
selected as a member of the board of trustees 
and how well he served the university every 
person of intelligence in Santa Clara County 
knows. 

At the death of Judge Belden, John Rey- 
nolds, one of the leaders of the San Jose bar. 



was appointed in his place. He, too, has been 
dead for many years. He was methodical, 
painstaking and careful, while his learning 
and high character eminently fitted him for 
his appointment to the bench. 

In 1897 another change in the judicial sys- 
tem of Santa Clara County took place. The 
Superior Court was given three judges, in- 
stead of two. Upon inauguration of the new 
system, the business was divided so that one 
court did all the probate business, .1 second the 
criminal business and the third, the civil busi- 
ness, though each department could handle 
business of either of the other two depart- 
ments, in case of overflow. The judges of the 
Superior Court under the newest system are 
as follows : A. S. Kittredge, Judge A. L. 
Rhodes, W. G. Lorigan, S. F. Leib, H. D. Tut- 
tle, John E. Richards. J. R. Welch, M. H. Hy- 
land, P. F. Gosbey and W. A. Beasly. Kit- 
tredge was appointed by the governor as the 
first judge of the new department. At his 
death in 1899 Judge Rhodes was appointed to 
the position and held it until he resigned. His 
place was filled by John E. Richards, who ad- 
ministered justice from the bench until pro- 
moted to be judge of the Appellate Court. 
Leib and Tuttle served each but short terms 
to fill a vacancy in Department 1, caused by 
the election of Judge Lorigan to the Supreme 
Bench in 1903. The judges on the bench at 
this writing (1922) are J. R. Welch, P. F. Gos- 
bey and F. B. Brown. 

judge A. L. Rhodes, who died in 1919, aged 
ninety-seven years, was one of the ablest jur- 
ists in the state. As the oldest member of the 
California bar he enjoyed the love and admira- 
tion not only of the bar but also of his fellow- 
citizens, irrespective of class, condition or re- 
ligion. He was a pioneer lawyer in San Jose 
when he was elevated to the State Supreme 
Bench, a position he held for several terms. 
He had gone into retirement when he was 
called upon to assume judicial duties in the 
Santa Clara County Superior Court and he 
could have held the position to an indefinite 
period if his age had permitted. The whole 
bar of the state went into mourning when his 
death was announced. 

Judge Lorigan, who died in 1918. while 
holding office as a supreme judge, was one of 
the most popular jurists Santa Clara County 
ever produced. He was a graduate of Santa 
Clara College, studied law in San Jose, did 
newspaper work on the side, served as justice 
of the peace and superior judge and estab- 
lished such a record for probity and learning 
that his appointment to the Supreme Bench 
was generally applauded. Honest, faithful 
and well-beloved, he met death bravely. 



CHAPTER V. 

Topography and Geology — History of the New Almaden Mines — Crime in 
the Early Days — The Mineral Springs of Santa Clara County — The Oil 
Development. 



The great Santa Clara Valley is but a por- 
tion of that vast plain that stretches from the 
Golden Gate on the north to the old mission 
town of San Juan on the south, a distance of 
ninety miles. When first peopled the whole 
was known as San Bernardino. It is oval in 
form and attains its greatest width near Mt. 
Bache, where it is about fifteen miles. About 
four miles from San Jose and apparently 
forming a barrier across the valley are a chain 
of low hills called the Hills of Tears. But the 
obstruction is only apparent. About eight 
miles from this point the valley contracts to 
a width of about three miles and so continues 
for some six miles, when it again expands to a 
breadth of nearly six miles and then sweeps 
out to end a few miles beyond Hollister in 
San Benito County. 

A chain of mountains hems in the valley on 
either side, running northwest and southeast. 
From the time of its entry into the county the 
eastern range rapidly rises, becomes broader 
and very rough, having many elevated points 
about it until it culminates on the summit of 
Mt. Hamilton, nearly east of San Jose and 
4.443 feet above the level of the sea. The 
range then decreases in height to Pacheco 
Pass, east of Gilroy, the loftiest point of which 
is 1,470 feet. The western range near the 
famous New Almaden mines is crowned by 
two magnificent peaks that stand like stal- 
wart sentinels guarding the precious treasures 
which lie concealed in the yet unexplored 
storehouses of their lesser brethren around. 

In the canyons and slopes of the western 
chain are to be found growing in full vigor 
the useful redwood (Sequoia sempervirens) 
as well as many oaks and madrona. On the 
eastern range comparatively few trees are 
found, but its swelling undulations, pictur- 
esque ravines and wealth of natural beauty, 
pleases the eye and affords a marked contrast 
to the forests of the other side. 

At a distance of about twenty-five miles 
from San Jose Coyote Creek has its birth, and 
after springing into vigor leaves its cradle, 
joyously leaping and splashing among the 
roots of trees and playing around the smooth 
worn sides of boulders until it reaches the 
pastoral valley, where it assumes a more staid 
demeanor and languidly flows in many a 



curve, at last finding an end in the waters of 
San Francisco Bay. 

The next most important creek of Santa 
Clara County is the Guadalupe, so named after 
the patron saint of Mexico. It rises in the 
Sousal, about three miles southwest of San 
Jose, is fed by many tributaries and streams 
and runs in a northerly direction until it 
comes near the city, where it takes a north- 
easterly course and empties into San Fran- 
cisco Bay near the mouth of the Coyote. Other 
streams are the Los Gatos, having its source 
in the Santa Cruz Mountains, and emptying 
into the Guadalupe at the foot of Santa Clara 
Street ; the Almaden, the Llagas and the Uvas, 
south of San Jose and the Santa Ysabel, Smith 
Creek and the Arroyo Honda in the eastern 
foothills. 

The geological and mineralogical features 
of Santa Clara County are of no little impor- 
tance. Beginning with the eastern foothills 
there is a center of metamorphic cretaceous 
rocks, flanked b}- an enormous thickness of 
unaltered cretaceous strata, the latter consist- 
ing of sandstone with inter-stratified shales. 
A coarse conglomerate, the bouWers in which 
are metamorphic rock, dififering from that 
comprising the main mass of the mountains, is 
to be found on the outer margin of the hills 
toward the San Joaquin plains. The unaltered 
tertiary and cretaceous strata flank the entire 
range on the eastern side as far north as its 
junction with the Sierra Nevadas. The ab- 
sence of the tertiary is marked by the precipi- 
tous nature of the range where it joins the 
plains, as opposed to the ■ low-rolling hills 
where the tertiary overlies the cretaceous. 

Along the eastern flank, the tertiary, as far 
as known, rests conformably upon the creta- 
ceous. The metamorphic rocks have the same 
general character, being marked by jaspers, 
serpentine and occasionally, mica slate. Their 
limits are well indicated by the growth of for- 
est trees. The summit of Pacheco Pass, as 
well as of those of other and higher peaks in a 
line crossing the range obliquely to the south- 
east, are of trachyte. This is the first known 
appearance of eruptive rock in the main 
Mount Diablo Range south of Suisun Bay. 
The tertiary is more extensively developed on 
the western than on the eastern side toward 



HISTORY OF SANTA CLARA COUNTY 



the north. The hills bordering the Santa Clara 
Valley on the east belong to this period. The 
rocks are altered in places. A tertiary ridge 
extends to the northwest, separating Santa 
Clara and Calaveras Valleys. 

The geology of the belt of elevated land be- 
tween Santa Clara Valley, the Bay of San 
Francisco, and the ocean, is rendered some- 
what complicated by the intrusion of granitic 
rocks among the unaltered cretaceous and ter- 
tiary strata of which these hills are chiefly 
formed. Besides this geological formation, 
rocks similar in lithological character to those 
in the Mt. Diablo Range are found. Fossils 
sparingly are shown. A metamorphic belt ex- 
tends from Redwood City, San Mateo County, 
to the southeast for a distance of about forty 
miles, forming the eastern end of the ridge 
and the summit of Mount Bache, 3,780 feet in 
height, and of other high points. Limestone 
in detached masses occurs at several places 
throughout this belt. Evidences of what was 
once, in all probability, a complete limestone 
belt, are found at various places, from the 
summit of Black Mountain, back of Mountain 
View, to as far south as the New Almaden 
mines, which lie in a ridge northwest of that 
formed by the metamorphic mass of Mounts 
Bache, Chaoal and others. It is to be seen on 
Los Gatos Creek, dipping to the northeast, 
and is less altered there than at other places 
where it is hard and compact, though not 
crystalline. 

The New Almaden Mines. 

By far the 'most interesting and important 
feature of the range is the presence of the ex- 
tensive deposits of cinnabar in the metamor- 
phic cretaceous rocks at the New Almaden 
mines, fourteen miles southwest of San Jose 
and lying in a ridge east of the main range. 

The history of the mines has never been 
presented in better form than by the late Mrs. 
Carrie Stevens Walter, mother of Roy Walter, 
city auditor, Mrs. Charles M. Shortridge of 
Oakland, and Mary Walter of Los Angeles. 
It appeared in a handbook of Santa Clara 
County published by E. S. Harrison in 1887 
and is as follows : 

"Almaden — from two Arabic words, al, 'the', 
and maden, 'mine' — was given to the most fa- 
mous quicksilver mine in the world, located in 
Spain. Its namesake in Santa Clara County, 
having no superior, with the single exception 
above mentioned, deserves more than a pass- 
ing notice in a work of this character. The 
New Almaden quicksilver mine is situated 
about fourteen miles southwest of San Jose, 
in a low range of hills running parallel to the 
Coast Range. Tradition states that this mine 
was known to the native Indians nearlv a cen- 



tury ago, and that they used the ore to form a 
pigment paste by pounding and moistening it. 
In 1824 the existence of the mine was made 
known to Don Antonio Sunol, who worked it 
for silver, but not finding this metal, and not 
suspecting the real nature of the deposit, 
abandoned it at the end of a year. In Novem- 
ber, 1845, a Mexican officer named Andres 
Castillero, visiting at Santa Clara Mission, 
was shown some of the ore, and while experi- 
menting for silver, discovered quicksilver. He 
at once filed his right to the mine as a discov- 
erer, according to the Mexican and Spanish 
law, after which he formed a stock company, 
dividing the mine into twenty-four shares. An 
American named William G. Chard was then 
employed, who commenced the reduction by 
charging a gun barrel with small pieces of ore, 
stopping the vent with clay, placing the muz- 
zle into a barrel of water and building a fire 
around the other end. The mercury, being 
driven of? by the heat in the form of a vapor, 
passed out at the muzzle, was condensed in 
the water and precipitated in the form of 
liquid quicksilver. Three or four gun barrels 
were thus employed for several weeks. Six 
whalers' try-pots were next obtained, capable 
of holding three or four tons of ore, and a sort 
of furnace formed by inverting three over the 
other three, by which some two thousand 
pounds of metal were reduced. About this 
time — 1846 — the mine was visited by Captain 
Fremont, who established its value at $30,000. 
Soon after this Barron, Forbes & Co., of 
Tepic, Mexico, became the principal stock- 
holders and in 1847, J. Alexander Forbes, of 
the firm, arrived with laborers, funds and ev- 
erything necessary to the proper working of 
the mine. A thorough examination gave so 
much promise that work was prosecuted with 
vigor. In 1850 furnaces were first constructed 
and large quantities of ore reduced under -the 
.-superintendence of the late Gen. H. W. Hal- 
leck. As the true value of the mine became 
apparent disputes concerning the title arose. 
The company bought in two titles for protec- 
tion. But matters l^ecame so complicated that 
in 1858 an injunction was placed on the mine, 
which remained until February, 1861, during 
which time no work was done. In 1864 the 
company disposed of the mine and all the im- 
provements, including, 8,580 acres of land, for 
$1,700,000, to a compan}^ chartered under the 
laws of New York and Pennsylvania, as 'The 
Quicksilver Mining Company.' 

"The workings of the mine past and present 
extend over an area the extreme limits of 
which could barely be included within a rect- 
angular block 5,000 feet long from north to 
south, 6.000 feet wide from east to west and 
2,300 feet in depth, counting from the summit 



HISTORY OF SANTA CLARA COUNTY 



87 



of mine hill, the upward limit of the ore de- 
posit. The workings do not cover all the 
area here indicated, but are very irregularly 
distributed within it. Mining experts will 
readily understand from this, but also from 
the fact that ore bodies seem to obey no spe- 
cial law of distribution, but are a puzzle to 
geologists, the difficulty olifered in the work- 
ing of this mine. In its famous rival, Almaden 
of Spain, the ore bodies are placed with re- 
markable regularity, increasing in richness as 
depth is obtained, and all included in a rect- 
angular block 700 feet long by 350 broad, and 
1,027 in depth. It may be interesting to pur- 
sue this comparison a little further. For in- 
stance : The average salarj' paid to workmen 
at the Spanish mine is sixty cents per day ; at 
the New Almaden, about two dollars and forty 
cents. The number of workers employed at 
the Old Almaden, 3,126; at New Almaden, 
460. The yield per ton of ore at New Al- 
maden average more than twenty pounds of 
quicksilver ; at Old Almaden the general av- 
erage is about 200 pounds of quicksilver to 
the ton ; the average cost of extracting per 
flask of seventy-six and one-half pounds at 
Old Almaden is $7.10; at New Almaden the 
cost is $26.38. It is safe to affirm that had the 
Spanish mine the same difficulties to overcome 
in working as are encountered at New Al- 
maden, it would long since have shut down, 
despite the Rothschilds, it lessees. These facts 
naturally lead one to inquire something of the 
management of the Santa Clara County Al- 
maden. The mine came under the control of 
J. B. Randol in 1870. At that time there was 
an interest-bearing debt against the property 
of $1,500,000. The amount of ore in sight was 
discouragingly small, the extraction very 
costly and the stockholders were so pushed to 
carry on the workings of the mine that they 
were compelled to raise $200,000 by subscrip- 
tion. The systems of working the mine were 
crude and expensive, furnaces and condensers 
imperfect, and the mine developed only to the 
800 foot level, with one main shaft. Much of 
the ore was brought from lower to higher 
levels in bags made of ox-hide, carried by 
Mexicans by means of a strap over the fore- 
head — from 140 to 200 pounds being conveyed 
at a load. In 1886, exploration and exploita- 
tion had been made in mine shafts, six of 
which were in active operation ; there is a net- 
work of underground passages aggregating 
nearly fifty miles in length ; mining work is 
carried on to a depth of 2,300 feet, while the 
machinery is the most complete and econom- 
ical in the world. In those sixteen years 318,- 
000 flasks of quicksilver have been reduced, 
over $5,000,000 disbursed for labor, and yet 
with a total profit to the owners of more than 



$4,000,000. The funded debt has been paid, 
large amounts expended in permanent im- 
provements and over $1,000,000 declared in 
dividends. Up to 1887 more than half the 
world's supply of quicksilver came from Cali- 
fornia. A greater portion of this came from 
New Almaden. 

"In those earlier days the social condition 
of the workmen, who were mostly Mexicans, 
was inferior. The place was noted for law- 
lessness and was a rendezvous for Mexican 
banditti. Little restraint was exercised over 
the men and gambling, drinking and other ex- 
cesses were common. Large wages were paid 
and it was no uncommon occurrence for a 
man to be killed after pay day. Then there 
were no advantages of church or schools. 
Water for drinking and cooking was carried 
on donkeys and sold by the pailful." 

Crime in the Early Days. 

The historian will leave Mrs. Walter's des- 
cription for awhile to refer to some of the law- 
less characters who held forth at New Al- 
maden in the early days. 

In 1855 a quartet of outlaws, with head- 
quarters at New Almaden, terrorized Santa 
Clara County. The leader was one Francisco 
Garcia, commonly called "Negro" Garcia on 
account of his Afro-Mexican origin, and his 
associates were Indian Juan, Bias Angelino 
and Sebastiano Flores. In the fall of 1855 In- 
dian Juan concluded to turn over a new leaf. 
He would sever his connection with the gang, 
go to Mexico and lead an honest life. This 
intention was communicated to Garcia and 
a demand was made for a division of the 
spoils acquired in the band's many raids. Gar- 
cia refused to make the division and hard 
words following culminating in Indian Juan's 
threat to go to San Jose and give himself up 
to the officers. Garcia, fearing that Juan 
would expose the lawless operations of the 
quartet, resolved to get him out of the way. 
On the 15th of December Garcia and Bias 
Angelino waj-laid and killed Juan. Flores had 
been asked to assist in the affair and had re- 
fused. He was, however, a witness to the kill- 
ing which was done so suddenly that he was 
unable to prevent it. This was the story he 
told when he appeared before S. O. Houghton, 
mayor of San Jose, and swore to a complaint 
charging Garcia and Angelino with murder. 
Angelino was arrested, tried, convicted and 
hanged. Garcia escaped and for seventeen 
years kept out of the way of the officers. In 
1872 Sheriff John H. Adams, of Santa Clara 
County, learned that the fugitive was in Los 
Angeles. A telegraphic warrant led to the ar- 
rest. The prisoner was brought to San Jose 



HISTORY OF SANTA CLARA COUNTY 



to await trial for a murder committed seven- 
teen years before. The historian saw him 
when he was in jail. He was then over sixty 
years of age, gray-haired and gray-bearded. 
He refused to discuss the crime of 1855 or to 
express any opinion on the action of Sebas- 
tiano Flores. At the trial Floras appeared as 
state's witness and the late Judge Francis E. 
Spencer defended the prisoner. In 1855 Bias 
Angelino had been convicted on both direct 
and circumstantial evidence. In 1872, on ac- 
count of the lapse of time, no circumstantial 
evidence to supplement the testimony of 
Flores was forthcoming. It was therefore 
Flores' word against the word of Garcia. This 
raised a doubt and the jury resolved the doubt 
in favor of the defendant and acquitted him. 
But this was not the end of the matter. A few 
months later Garcia and Flores met near the 
Mission of San Jose. There was a quarrel 
which resulted in the kilHng of Garcia. Flores 
surrendered himself to the officers and in due 
time was placed on trial for murder. The tes- 
timony showed that Garcia was the aggressor 
and Flores was found not guilty. 

Francisco (Pancho) Soto lived for some 
time at the New Almaden mines. The his- 
torian saw him in the late 70s at the summit 
of Mt. Hamilton. He was then the cook for a 
gang of laborers at work on the buldings of 
the Lick Observatory. The old man — he was 
over sixty at the time — with his tall, robust 
figure, patriarchal locks, flowing beard, placid 
face and large, full eyes of black, gave no hint 
of the dare-devil highwayman of twenty years 
before. His career was an exciting one. He 
was born to the saddle and in hi's younger 
days was one of the best horsemen in the 
state. Open-hearted, but reckless, gifted with 
a strong sense of humor, he lived a wild, free 
life until circumstances made him an outlaw. 
As a bold highwayman of the Dick Turpin 
type his name became a household word in 
Central and Southern California. Quick in 
action, fertile in resource and with friends ga- 
lore among the Mexican-Spanish population, 
he managed for years to elude capture. Once 
he played a trick on pursuing officers that 
greatly increased his reputation. After the 
commission of a daring robbery the sheriffs of 
four counties started out to eiTect his capture. 
One night two of the pursuers stopped at a 
Mexican casa in the Livermore Valley. Soto 
came to the door. He was asked if he had 
seen Soto. The reply came quicKJy and with- 
out a change of countenance: "I expect him 
here tomorrow at daylight." The officers, 
who had never seen the outlaw, were over- 
joyed at this statement and prepared at once 
to stay overnight at the casa. That night, 
after they were asleep Soto relieved Ihcm of 



their weapons, and stampeded their horses. 
They awoke to see their entertainer in the act 
of riding away. "I'm Soto," he shouted. 
"Buenos noches, senors," and off he went into 
the night. 

It was in New Almaden that Soto first 
stained his hands in the blood of his fellow 
man. He asserted at Mt. Hamilton that the 
killing was done in self-defense, but at the 
trial it was his word against strong circum- 
stantial evidence and he was convicted and 
given a life sentence in San Ouentin. The 
killing took place near the mine. Soto was 
pursued by Deputy Sheriff Patterson and on 
the Monterey road there was a running pistol 
fight and Patterson was shot in the leg so that 
amputation afterward became necessary. 
When Soto saw the officer fall he went to his 
assistance, bound up the wound, then rode to 
the Twenty-One Mile House and informed the 
proprietor that a man had been shot up the 
road and that there was urgent need of assist- 
ance. Soto was captured soon afterward. 
Through representations made by Patterson, 
who had not forgotten the outlaw's kindness. 
Governor Newton Booth first commuted the 
sentence and later issued a full pardon. Leav- 
ing San Quentin Soto returned to San Jose 
and engaged in peaceful pursuits up to the 
time of his death. 

In 1885 Augustin C. Hall was murdered in 
his own house on the New Almaden road, not 
far from the Hacienda. There were several 
things surrounding the act that indicated on 
the part of the perpetrators the most diaboli- 
cal malignity. There were no signs outside 
of the house to indicate that a monstrous 
crime had been perpetrated. The horse of the 
murdered man grazed outside of the door and 
for days the neighbors, not suspecting any- 
thing wrong, passed and repassed the place. 
At last one of them opened the door and dis- 
covered the dead, mutilated bod}^ of Hall. At 
the inquest, held in San Jose, suspicion pointed 
to a resident of the city, but the trial, which 
lasted a week, resulted in his acquittal. 

In the fall of that same year, at the house 
of Ignacio Berryessa, near the New Almaden 
mine, Santiago Berryessa killed Pedro Ara- 
vena, a native of Chile, under the following 
circumstances: Pedro had become enamored 
of the daughter of Ignacio, a young girl of 
fourteen years, but meeting with opposition 
from the girl's parents to a marriage, the pair 
went to Alviso and were joined in matrimony 
by a justice of the peace. In a short time the 
girl's parents became reconciled to the mar- 
riage and the married couple returned to 
Berryessa's house. One day Santiago Berry- 
essa, the girl's uncle, saw the girl and her hus- 
band sitting in the house and without warning 



HISTORY OF SANTA CLARA COUNTY 



89 



and with the utmost deliberation shot Aravena 
to death. The shot was fired through a win- 
dow. The murdered escaped and was never 
apprehended. 

On Sunday, June 29, 1856, the brother of 
the overseer of Mexican miners at New Al- 
maden was killed by an Indian. The Indian 
was quarreling with an Irishman when the 
Mexican said to him : "Why do you abuse 
that man? He doesn't understand a word you 
say." Whereupon the Indian angrily an- 
swered, "Do you take it up?" and instantly 
plunged a knife into the body of the Mexican. 
The murderer was caught and hanged. 

In November, 1856, Francisco Berryessa 
was mortally stabbed at his home near the 
New Almaden mines by Calista Lanra, a 
Chileno. He died the next morning. Calista 
was on friendly terms with the Berryessa fam- 
ily and came to the house on the evening of 
the stabbing. After partaking of some cakes, 
Calista started as if he intended leaving the 
house, but in fact, he concealed himself under 
the bed occupied by Francisco Berrj^essa and 
wife. There were several women in the house, 
one of whom knew of Calista's concealment. 
Berryessa's wife also discovered him and an- 
nounced the fact to her husband. Berryessa 
ordered the Chileno to come out, and the or- 
der not being obeyed, Berryessa caught him 
by the hair of the head and pulled him out. 
On arising to his feet Calista drew a knife and 
stabbed Berryessa. The slayer escaped. 

Samuel Phillips and his partner, a Mr. Nes- 
bitt. attempted to open a banking house at 
the Enrequita mines, near New Almaden, on 
the evening of Saturday, August 3, 1861, when 
a general row took place, knives and pistols be- 
ing freely used. A Spaniard was shot in the' 
neck and killed instantly, and one or two oth- 
ers were seriously injured. 

On the night of June 4, 1864, Joseph Pelle- 
grini, a butcher doing business near New Al- 
maden, was murdered in his room as he was in 
the act of retiring for the night. A butcher 
knife was used and he was stabbed to the 
heart. The house door was forced by break- 
ing a lock and there was every evidence in the 
room of a terrific struggle. Pellegrini was a 
quiet, inoffensive man and the supposition 
was that he was killed for his money. The 
murderer was never found. 

On the morning of June 5, 1864, a Mexican 
named Julian Almanea, who had lost an arm 
and who was the owner of a "dead fall" at 
Enrequita, had some words with Juan Jose 
Rodriguez. Pistols were drawn and Rod- 
riguez was killed. Almanea fled but was ar- 
rested in Los Angeles in 1867. 



In the early '80s Joe Ramirez killed a man 
at the New Almaden mines. He was tried in 
San Jose, convicted and hanged. 

Mrs. Walter's description of the mines ends 
as follows : 

"Now the visitor leaves the railway station 
two miles from the Hacienda, where are lo- 
cated the reduction works of the mine. Al- 
most the first thing to greet the eye is a pretty 
school house with its groups of neat, tidy 
children. Two teachers are employed and 
four at the school on the hill, three miles fur- 
ther on, for ten months in the year, the school 
being in the regular county school system. 
Along the single street for half a mile are 
clean, pretty cottages, the homes of the Ha- 
cienda workmen, each cottage literally em- 
bowered in choice roses and other flowers. 
These houses are owned mostly by the com- 
pany, who lease them to the workmen at from 
two dollars to five dollars per month. Cut- 
tings are supplied free from the beautiful 
grounds of the manager, where are grown 
more varieties of roses than in any other place, 
perhaps, in the county. Along the street in 
front of the houses a stream of purest water is 
conducted in a channel for domestic purposes. 
The street is bordered with shade trees and a 
neat brick wall extends its entire length. 
Everywhere are seen signs of thrift and pros- 
perity; the people look well kept and con- 
tented, while an all-pervading spirit of order 
and system extends to the remotest ramifica- 
tions of this important industry. 

"Three miles up a steep but well-graded 
road brings one to the mine proper, where are 
the great shafts with their huge engines, in 
one of which, the engine of the Buena Vista 
shaft, is a piece of iron weighing twelve tons. 
The miners are principally Mexican and Cor- 
nish. Two pretty church edifices, a Methodist 
and a Catholic, located at the Hill settlement, 
were built almost entirely from contributions 
by the company and manager. A social or- 
ganization, called the 'Helping Hand,' for 
which the compan}- erected and fitted up a 
club building, for the benefit of the workmen, 
has a fine library of nearly 500 volumes, be- 
sides a list of magazines and daily and weekly 
newspapers of the best published. There are 
held frequent entertainments, given by the 
members, and the society is a wonderful fac- 
tor in the promotion of sociability, general in- 
formation and mental culture. 

"The miners' fund, to which each employe 
contributes one dollar per month, pays, among 
other expenditures for the good of the miners, 
the salary of a resident physician, whose serv- 
ices are gratuitous to the contributors. The 
value of this arrangement will be better un- 
derstood when it is known that a great ma- 



90 



HISTORY OF SANTA CLARA COUNTY 



joritj' of the workmen are married men with 
families. The management encourages this 
class, feeling that, as a rule, it is more reliable 
and responsible that that composed of men 
with no domestic ties. The population of the 
settlement (1886) is about 1,400, of whom 600 
are under twenty years of age." 

In the late 70s Mary Hallock Foote, the 
artist and novelist, author of those charm- 
ingly written and popular mining camp stories, 
was a resident of New Almaden. Her husband, 
Arthur D. Foote, was the engineer of the mine. 
Mrs. Foote, having much time to spare out- 
side of her household duties, made, during 
her residence on the Hill, many sketches of 
scenery and native types, which an Eastern 
magazine was glad to publish. Her work in 
this line might not have proceeded much fur- 
ther if her husband had succeeded in securing 
the Democratic nomination for surveyor of 
Santa Clara County. That was a Democratic 
year and nomination was equivalent to elec- 
tion. The convention was held in Music Hall, 
First Street, San Jose, and Mr. Foote, resolv- 
ing to take a shy at politics in the hope that 
success might enable him to settle down, 
instead of having to move from one place to 
another in pursuit of his vocation as a mining 
engineer, announced himself as a candidate for 
the nomination. There was one other candi- 
date, John Coombe, who was later killed by 
mistake in an altercation in a First Street 
saloon. Coombe was well known throughout 
the county. He was a good mixer and had 
politics at his fingers' ends, while Foote, on 
the other hand, was hardly known outside of 
New Almaden, though he was a man of con- 
spicuous ability and unblemished reputation. 
Almost a stranger to the majority of the dele- 
gates and knowing little of the 'tricks of the 
political trade, his defeat by the ballot was 
not surprising. And yet the contest was close, 
for the fine impression created by his speech 
before the convention, together with his hand- 
some, manly appearance, brought him many 
votes which were not his when the delegates 
were called together. The action of the con- 
vention settled the place of residence. When 
Foote's contract at New Almaden was up he 
went into the mining regions of the Rocky 
Mountains. Mining camps became the homes 
of Foote and his talented wife, and in those 
Western scenes Mrs. Foote had abundant op- 
portunity for the cultivation of her literary 
and artistic gifts. All her storie.s — and she 
has written many — breathe the free, romantic 
western atmosphere, and all show a thorough 
acquaintance with western scenes and the 
habits, customs and mental attitude of the 
inhabitants. 



At the present time (1922) the stockholders 
of the company have taken charge of the af- 
fairs of the mines. The shafts on the hill have 
not been worked for some time, but all the 
employes, over fifty in number, are working 
in a new mine. The Senator, situated about 
half-way between Almaden-on-the-Hill and 
Guadalupe. The prospects are most encourag- 
ing. The superintendent is Edmond Tussen, 
whose home is in Berkeley. 

The Guadalupe quicksilver mine is situated 
two miles north of Almaden on the eastern 
slope of the mountains, the fissures or canyons 
being near the juncture of the metamorphic 
rock and oil-bearing formation. The Guada- 
lupe Creek comes out of the Coast Range 
near this point, dividing the surface of the 
dejjosit into two parts, though the ore was 
found in a continuous body below the creek. 
Here are the white cottages of the workmen, 
a pretty residence for the superintendent and 
extensive reduction works. Owing to the low 
price of quicksilver, work was practically sus- 
pended for several years, but now, with the 
discover}- of ore in a ridge never before worked 
and with prices better than usual, there is 
every prospect of successful operation. 

The Enrequita mine, two miles to the south- 
west of New Almaden, is the property of the 
Almaden Company. It has been a small pro- 
ducer. South of the San Jose Cemetery is 
the Old Chapman mine. It was never a pay- 
ing proposition and many years ago work was 
stopped, never to be resumed. 

Mineral Springs of the County 

The mineral springs of Santa Clara County 
are noteworthy and valuable. One mile above 
Saratoga and northwest from it, on Campbell 
Creek, are situated the Pacific Congress 
Springs, so called because of their resemblance 
to the waters of the famous Congress Springs 
of Saratoga, N. Y. This is one of California's 
most picturesque and popular watering places 
and has always been in great favor as a winter 
resort. It is open the year round. There are 
at this place several springs. They are but a 
foot or two deep, being excavated from the 
sandstone, the lower one receiving the drain- 
age of the others. It sends off a stream about 
two inches in size. The waters from these 
springs are so nearl)' alike that the difference 
can hardly be determined by the taste. By 
analysis it is shown to contain 335.857 grains 
of solid matter to the gallon, composed as fol- 
lows : Chloride of sodium, 119.159; sulphate 
of soda, 12.140: carbonate of .soda, 123.351; 
carbonate of iron, 14.030; carbonate of lime, 
17.295; and silica alumina with a trace of mag- 
nesia. 49.882. It is considered a healthful and 
refreshing beverage and has gained much fa- 



HISTORY OF SANTA CLARA COUNTY 



91 



vor with the pubhc. The place is connected 
with Saratoga, Los Gatos and San Jose by 
the Peninsular Railroad. 

The now well-known Madrone Mineral 
Springs are situated in Burnett Township, 
about twenty-five miles southeast of San Jose, 
in the Coast Range, at an altitude of 2,000 
feet. The location is in a sheltered and pic- 
turesque canyon at the foot of Pine Ridge. 
The place is free from fogs, the atmosphere is 
pure and invigorating, and the temperature is 
mild and pleasant. The mountains are clothed 
with such trees as pine, oak, maple, laurel and 
madrone, while medicinal plants are found in 
profusion. The early traditions of the Ma- 
drone Springs state that they were known to 
the Indians and there is little doubt that they 
were the "medicine waters" of one of their 
tribes, for many relics in the shape of mor- 
tars, hatchets, arrowheads and the like have 
been, and are still being, turned up in all direc- 
tions. The springs are situated six miles 
north of the Gilroy Hot Springs, connecting 
with which there is a bridle path. There is 
a fine road to Madrone Station on the Southern 
Pacific Railway. The Springs contain one 
of natural soda water, the principal elements 
of which are soda, iron and magnesia. This 
has proved of great medicinal virtue in dys- 
pepsia, liver complaints, kidney diseases and 
neuralgic aftections. Another is strongly im- 
pregnated with iron and arsenic, which for 
debility, skin diseases, asthma and other kin- 
dred affections has proved an excellent cura- 
tive. There is a white sulphur spring, which 
is also utilized, while guests may be supplied 
with hot and cold baths of natural soft water. 
The improvements made are extensive and 
up-to-date. 

About twelve miles from Gilroy, in a small, 
rocky ravine in the Coyote Canyon near the 
headwaters of that creek, where the moun- 
tains, timber clad to their summits, rise several 
hundred feet on both sides of that stream, 
Francisco Cantua, a Mexican sheepherder, 
while hunting for some of his stray flock, dis- 
covered, in 1865, what are now these famous 
springs. He lost no time in filing a squatter's 
claim to the place, and for some years used it 
as a camping ground for himself and friends. 
It is not probable that the Indians were aware 
of the existence of the springs, for no remains 
have been found. Besides, the hills were in 
early days much infested by wild beasts, a 
fact that may account for their lack of knowl- 
edge on the subject. Cantua sold his interest 
to George Roop, who at once commenced the 
grading of a road to the springs, the erection 
of houses and the general clearing and adorn- 
merit of the locality. In addition to a large, 
commodious hotel, there are fifteen cottages 



for families, garage, dancing pavilion, swim- 
ming tank, sixteen bathrooms, and other con- 
veniences of a first-class health resort; one 
hundred and fifty guests can be accommodated. 
The hot spring possesses remarkable medicinal 
qualities. It has a nearly uniform temperature 
of 118 degrees and contains in solution sul- 
phur, iron, soda, magnesia, baryta, arsenic (in 
small quantities) and alum in small quantities. 
It is pungent but by no means unpleasant to 
the taste. Within fifteen feet of the hot springs 
there are a dozen or more large springs of 
pure, cold water, while nearly three-fourths 
of a mile away from the hotel there is a ro- 
mantically situated garden, where everything 
from an orange to a turnip will flourish. The 
place is supplied with telegraph and telephone 
communication, and in 1873 a postoffice was 
there established. The site of the Gilroy Hot 
Springs is 1,240 feet above the sea level, in 
the very heart of the mountains, amidst groves 
of pine and oak, in which game abound, while 
near by the Coyote affords a harvest of trout 
to the angler. No more charming resort for 
the pleasure-seeker or the invalid is to be found 
on the Pacific Coast. W. J. McDonald is the 
manager. 

There are other mineral springs in the 
county, not the least important of which are 
the springs in Alum Rock Canyon on the City 
Reservation, detailed reference to which will 
be given in another chapter devoted to a de- 
scription of San Jose's pleasure resorts. 

The Oil Development 

There is oil in Santa Clara County. Several 
spots have been developed to some extent ; 
others have not. Near Sargent, at the south- 
ern end of the county, wells have been bored 
and oil extracted. In Moody's Gulch, a branch 
of the Los Gatos Canyon, several wells have 
been bored and for man)' years oil, with a 
paraffin base, has been extracted, most of the 
time in paying quantities. For the first ten 
years the output was over 80,000 gallons. 
The work was started by R. C. McPherson in 
1873. The only fuel used was natural gas. 
Of late years the work has been intermittent, 
lack of funds often preventing development. 
The property is now (1922> owned by the 
Trigonia Oil Company, and extensive devel- 
opments are now in progress. 

North of Los Gatos oil has been found, 
though there have not been any operations for 
several years. Indications of oil have also 
been found in Alum Rock Canyon and in other 
portions of the county. Some day, perhaps, 
when the country's supply of oil shows signs 
of giving out, other and more determined at- 
tempts to develop Santa Clara County's oil 
resources will be made. 



CHAPTER VI. 



Society Events in the Fifties, Sixties and Seventies — Renuniscences of 
Pioneer Women — Mrs. Carroll's Interesting Record — Charles G. Ames 
and Judge William T. Wallace — Presidential Visits. 



For much of the material relating to society 
affairs in the early days of San Jose, the his- 
torian is indebted to that entertaining, gossipy 
book written in 1903 by Mrs. Mary A. Carroll, 
since deceased. Mrs: Carroll was for many 
years the society editor of the "Mercury," and 
her opportunities for gathering old-time social 
news were unusually good. 

"Society as found in San Jose before the 
days of '49 is graphically described by Mrs. 
Frances A. Sunol-Angus: 

" 'A great deal of it, some of it true, most 
of it colored with the light of other days, has 
been said and written of the stirring days of 
1849, but no one has yet lifted the veil that 
dropped when the adventurer and the pros- 
pector, following the golden light, founded on 
the Pacific shores the realization of the visions 
conjured up by the magic name El Dorado — 
the veil that separates old California from the 
new, as invisible, yet as real, as any existing 
state line. 

" 'For the gold excitement, bringing in new 
energ}' and activity, brought also new disturb- 
ing elements, and where there had existed a 
boundless hospitality, with the incoming of 
the stranger the social limits contracted and 
formality and ceremony began to be observed. 

" 'I speak of the earl}^ forties ; my own fath- 
er's boyhood days, and my grandfather, Don 
Antonio Sunol, and his family are a fair pic- 
ture of the chivalrous host and the warm- 
hearted hospitality of the times. The guest 
chamber was seTdom untenanted, and seven or 
eight guests were welcomed and entertained 
for two or three successive weeks. English, 
Russian and American trading vessels made 
periodic visits to San Francisco and the mer- 
chandise was brought to San Jose on pack 
horses. When time permitted, the supercargo, 
captain and some of his officers, would accom- 
pany the caravan, and for weeks were royally 
entertained. 

" 'There being from fifty to one hundred 
Indian servants in the household, each guest 
was provided with his special one, who waited 
upon his every want during the entire visit. 
Horses, the very best in the stables, saddles, 
silver mounted or plated, and a guide were 
always at his command and a servant always 
on hand to clasp and unclasp each gentleman's 



spurs, while another led his horse away. The 
host and his family devoted themselves to the 
entertainment of the guests and a series of 
festivities was gotten up in their honor. The 
homes of Don Salvis Pacheco, Don Dolores 
Pacheco, Don Jose Noriega, and Don Antonio 
Sunol were the scenes of many of these fes- 
tivities. 

" 'Can you guess how their invitations to a 
ball were sent out? Some gay cavalier, who 
possessed a melodious voice and could thrum 
the light guitar, attired in a gay holiday cos- 
tume, with clinking silver spurs and mounted 
upon a spirited horse, pranced and curvetted 
through the plaza singing some ditty, and 
when he had arrested the attention of passers- 
by addressed them in friendly, courteous lan- 
guage, extending the invitation to all present, 
rich and poor, not low and high, for each man 
was as good as his neighbor, and wealth did 
not place a man upon a pedestal of honor. 
When pleasantries had been exchanged be- 
tween the messenger and the crowd, he passed 
on and stopping at the door of each house, re- 
peated his invitation, thus honoring all with a 
daylight serenade. 

" 'Young ladies attended balls and parties 
accompanied by their mothers, or, in the ab- 
sence of these, by some elderly female relative. 
The chaperon was known as the "duenna." 
Young men and maidens carried on their court- 
ship at these balls right under the unseeing 
eyes of the watchful ( ?) duenna. When this 
secret love-making had reached a successful 
issue between the pair, the youth acquainted 
his father with his hopes and aspirations, and 
he in turn sought the maiden's father. His 
consent gained, the bride's trousseau was im- 
mediately prepared, the wedding was an- 
noiniced and in a few weeks the marriage bells 
were ringing. The festivities lasted a week or 
more, and, as at other times, everybody was 
welcomed and feasted. The bride's dower con- 
sisted of household furnishings, cattle and 
horses — quality in accordance with her father's 
means. 

" 'There were no formal receptions, no cere- 
monious calls. Ladies went out from their 
homes in simple household attire and spent a 
few hours in friendly conversation with a 
neighbor. When visits were made in the even- 



HISTORY OF SANTA CLARA COUNTY 



93 



ing a number of friends called together and 
the time was given up to music, dancing, fun 
and laughter. The younger members never 
felt any restraint in presence of their elders, 
although they treated them with the most 
scrupulous deference and respect. Boys al- 
ways stood with heads uncovered while speak- 
ing to old or middle-agd people, even on the 
street. There was one generous custom dear 
to the heart of the California boy, and that 
was the godfather's gift at the christening — - 
gold and silver coins thrown out by the hand- 
ful and scrambled for by the small boy. 

" 'The modes of salutation during the Golden 
Age were the hearty handshake, when the 
meeting between friends took place upon the 
street, tin abrazo (an embrace) when within 
the sacred precincts of home. As I have shown 
you, simplicity was the rule ; forms and cere- 
monies were unknown. There was no vieing 
with one and another as to who should stand 
upon the highest round of the social ladder, 
but each one extended his hand to help an- 
other climb to where he stood, so that over 
all there reigned a spirit of peace and good 
will. Would that we might stop for a moment 
in our feverish rush for recognition and posi- 
tion and breathe in the spirit of the olden 
time.' " 

The late Joseph H. Scull, who came here 
at an early date and who carefully watched 
the changes that have taken place during the 
past fifty years, wrote to Mrs. Carroll as 
follows : 

"I regret to say that I will have to dis- 
appoint you in giving the desired information 
in regard to social gatherings here during the 
early '50s. I did not, for a moment, think that 
such reminiscences would be of any value or 
interest after the lapse of years, and therefore 
did not charge my memory with them. 

"Nevertheless, assuming that I have your 
permission to do so, I will jot down some 
remarks as I go along on the subject in hand. 
There were very few American women here 
in those early days, and they were mostly 
married, so far as I remember ; and American 
girls, grown to womanhood, were like 'angels' 
visits, few and far between,' and hence social 
gatherings were scarce, balls being the chief 
amusement in vogue, consisting of quadrilles, 
contra dances, waltzes and Virginia reels, and 
for variety's sake occasionally an Irish break- 
down, when some Celtic fellow-citizens were 
present. Later on the schottische, the polka 
and the mazurka were introduced. The Cali- 
fornia girls, as a matter of course, were largely 
in the majorit}', but unaccustomed to social 
gatherings, their only amusement being fan- 
dangoes, as the California balls were then 
called. The dances were the contra dance, the 



waltz and one or two kinds of jigs; and the 
music, a guitar, and sometimes two, until the 
arrival of a Mexican who could scratch on the 
fiddle enough provincial music to dance by. 
The fandangoes continued to flourish long after 
immigration began to pour in." 

"As the time passed on, in the early '50s 
here, the California girls began to adopt Amer- 
ican methods, especially in balls, and soon be- 
came adepts in the steps and movements of 
the new dances mentioned, and were exceed- 
ing graceful. It is needless to say that los 
Gringos were not slow in availing themselves 
of that terpsichorean circumstance; and to in- 
duce the girls to go to a ball they notified 
them beforehand that carriages or hacks would 
be sent for them. So, during the earliest pe- 
riod, no black-eyed senorita ever went to or 
from an American ball on foot, but when wo- 
men began to be plentiful the cavalier car- 
riages became obsolete. 

"It is worthy of remark that at an American 
ball at that time harmony, good will and the 
utmost decorum prevailed. Everybody stood 
on a perfect equality while in the ballroom, 
and to my certain knowledge there were no 
invidious distinctions, either expressed or im- 
plied. An American ball always had the ap- 
petizing adjunct of a bountiful supper. The 
music that set "the light fantastic toe" a-going 
consisted of a fiddle — a fiddle, mark you, not a 
violin — and later on with a flute accompani- 
ment. San Jose had not yet risen to the dig- 
nity of possessing a regular orchestra, but 
withal an American terpsichorean function was 
a pleasurable aflrair to attend. 

"This decade was perhaps the most impor- 
tant in the social history of San Jose, for about 
this time families — men and women of sterling 
worth and possessing all the accomplishments 
necessary to the formation of a solid founda- 
tion on which to build society — settled in this 
valley. 

"Before this time, however, Mr. and Mrs. 
James F. Reed, parents of Mrs. John Murphy 
and Mrs. Mattie Lewis, had arrived here. The 
Reed home was always the scene of social 
gatherings, and at one of their large dinner 
parties it is said that Mrs. Reed paid sixteen 
dollars apiece for turkeys, and bought all that 
were to be had. 

"During the meeting of the first Legislature 
'every house was an inn where all were wel- 
comed and feasted,' and all through the ses- 
sion not an evening passed without a large 
party at some home. Of course, the big ball 
at the close was the event in San Jose's his- 
tory. No wonder many belles and beaux of 
that time still preserve with care and look 
with pleasure at the white satin invitation 
which reads : 



94 



HISTORY OF SANTA CLARA COUNTY 



" 'Washington Birth-Night Ball — Your com- 
pany is respectfully solicited at a Ball, to be 
given at the Capitol, on the evening of the 
22d instant, at 7j^ o'clock p. m., being the 
118th Anniversary of the Father of Our Coun- 
try.' and which was signed by the following 
committee : Hon. John McDougal, Mr. Bass- 
ham, Mr. Bidwell, Mr. Broderick, Mr. Cham- 
berlin, Mr. Crosby, Mr. De la Guerra, Mr. 
Douglass, Mr. Green, Mr. Hope, Mr. Lippin- 
cott, Mr. Heydenfeldt, Mr. Robinson, Mr. Val- 
lejo, iMr. \'ermeule, Mr. Woodworth, Mr. Aram, 
Mr. Baldwin, Mr. Bigler, Mr. Brackett, Mr. 
Bradford, Mr. Brown, Mr. Cardwell, Mr. 
Corey, Mr. Corvarubias, Mr. Craner, Mr. Crit- 
tenden. Mr. Clarke, Mr. Williams, Hon. Mr. 
Gray, Hon. Mr. Heath, Hon. Mr. Hughes, Mr. 
McKinstry, Mr. Morehead. Mr. Tingley, Mr. 
Tefft, Mr. Stowel, Mr. Stephens, Mr. Stewart, 
Mr. Scott, Mr. Perlee, Mr. Moore, Mr. Patter- 
son, Mr. Randolph, Mr. Ogier, Mr. Walthall, 
Mr. Watson, Mr. Witherby, Mr. Roman, Mr. 
Henley, Mr. Houston, G. F. Wymans, Ben 
Van Scoten. Van Voorhies, Nat. Bennett, H. 
A. Lyons. F. B. Clement, Clias. White, Col. 
Jack Hays, Major Ben McCulloch, Major Mike 
Chevallie, Major James Graham, Gen. Don An- 
dreas Pico, Antonio M. Pico, Antonio Sunol, 
John M. Murphy, John Reed, W^ H. Eddy, T- 
"D. Hoppe, J. F. Howe. Capt. W. G. Marcy. E. 
Covington, W. B. Olds, A. W. Luckett, Bela 
Dexter, Peter Davidson, J. M. Jones, A. Coin- 
dreau, H. H. Robinson, W. R. Turner, E. H. 
Sharp. E. Bvrne, Caius Ryland, E. Dickey, A. 
D. Ohr, Fred H. Sandford. F. Lightston. 
Among the beauties and belles on that mem- 
orable night were Mrs. John Murphy, Miss 
Rea Burnett, now Mrs. Wallace ; Miss Letitia 
Burnett, now Mrs. Ryland ; Miss Maggie 
Jones, now Mrs. Josiah Belden : Miss Laura 
Jones, who is Mrs. Hunt of Visalia ; Miss 
Juanita vSoto. and Miss Marcelline Pico. 

"Among the beaux at this time was Norman 
Bestor. a civil engineer, who made his home, 
while here, with James F. Reed. He played 
on the guitar and flute, was a fine singer, and 
an all-around favorite. Mr. Bestor, in a letter, 
regrets being unable to give a satisfactory ac- 
count of the earh' social functions. He writes: 
'During the first Legislature I was in San 
Jose; and it was then that 1 surveyed the 500- 
acre tract adjacent to the town, belonging to 
Mr. Reed, and laid oflF as an addition. Mr. 
Reed named the streets himself. From 1850 
to 1856 I was engaged at the New Almaden 
quicksilver mines and lived there. During that 
time I frequently drove to San Jose to attend 
parties. Some of the society men of the '50s 
were Ralph Lowe, S. O. Houghton, Drury 
Malone, J. H. Flickinger, Joseph H. Scull, 



Henry B. Alvora, Aleck Moore, D. McDonald 
and Keat Bascom.' 

"In these early days many houses were 
brought around the Horn and set up on ar- 
rival. One of these is that of Judge A. L. 
Rhodes, on the Alameda, and under this hos- 
pitable roof friends have delighted to gather 
since the days of 1855. In 1854 Mr. and Mrs. 
Rhodes came across the plains with a train of 
fifteen, with Mr. Rhodes as captain. Mrs. 
Rhodes told me that one evening during the 
journey a man called and asked if his train of 
ten men could join forces with them. The 
man was Jefferson Trimble, brother of the late 
John Trimble. At Humboldt River they were 
met by John Trimble, who guided them to this 
valley, where he had already settled. Miss 
Ware, afterwards Mrs. John Selby, came with 
them. 

"When Mr. and Mrs. Rhodes moved to the 
Alameda, their nearest neighbors were Judge 
and Mrs. Craven P. Hester, who lived where 
the Clark home now stands. Charming social 
gatherings were held at the Hester home, and 
their accomplished daughters. Aliss Sallie, 
afterwards Mrs. Maddock, and Miss Lottie, 
afterwards Mrs. Phelps, assisted in dispensing 
generous hospitality. 

"Among notable families that came here in 
185.3 was that of Mr. and Mrs. Coleman Young- 
er, who arrived after a six months' trip from 
Missouri. Their house was brought around the 
Horn, and it is needless to say that as soon as 
it arrived, with true Southern hospitality it 
was thrown open and a large party given, 
when among the guests were : Drury Malone, 
Tad Robinson, all the state officers. Aleck 
Moore, Major and Airs. S. T- Hensley, Mr. and 
Mrs. P. H. Burnett. Mr. and Mrs. W. T. Wal- 
lace. 

"In speaking of social functions, Mrs. 
Younger said that in '54 she remembers spend- 
ing a delightful evening at the home of Don 
Antonio Sunol, whose hospitality was un- 
bounded, whose trained Indian servants were 
the envy of many less fortunate, and whose 
exquisite table linen, adorned with Spanish 
drawn work, was the admiration of all. The 
guests included Mr. and ]Mrs. Ryland, Mr. and 
Mrs. Wallace, and Air. and Mrs. Younger. A 
large dancing party, given for the benefit of 
the Presbyterian Church when Rev. Dr. Gar- 
win was pastor, was among the many enjoy- 
able functions here. In this the moving spirits 
were Mrs. Crosby. Mrs. S. J. Hensley, and 
Miss Lois Bradley. 

"Mrs. Maddock has graciously written the 
following reminiscences of those early times: 
'In looking over a journal which I kept when 
a young girl, I find that almost everything of 
interest is jotted down. The young married 
ladies were Mrs. Hensley, Mrs. Belden, Mrs. 



HISTORY OF SANTA CLARA COUNTY 



95 



Ryland, Mrs. Wallace, Mrs. John Murphy, 
Mrs. Yoell, Mrs. Lottie Thompson, Mrs. Fred 
Appleton, and Mrs. Gertrude Horn, mother of 
Mrs. Atherton of literary fame. Among the 
young ladies were Miss Price and her sister. 
Miss Bettie, now Mrs. John Moore, both noted 
for their beauty ; Colonel Younger's daughters. 
Miss Helen and Miss Fanny; Miss Mary 
Smith, Miss Yontz, Miss Echols (a beautiful 
girl). Miss Ellen Skinner and sister, Miss Nel- 
lie; Miss Mattie Reed, Miss Henrie Bascom 
(pretty and witty). Miss Lizzie Branham, Miss 
C. Packwood, Miss Divine (later Mrs. Estee 
of San Francisco), and pretty Miss Lizzie Mil- 
ler, now Mrs. Mitchell and living abroad. 

'• 'On July 17, 1858, Mrs. Hensley gave a 
garden party, when the grounds were lighted 
with lanterns and supper was served in the 
summer house. Among those present were : 
Mr. and Mrs. Josiah Belden, Mr. and Mrs. 
Ryland, Mr. and Mrs. John Murphy. Mr. and 
Mrs. Younger. Mr. and Mrs. Appleton. Mr. 
and Mrs. Yoell, Mrs. Thompson, Mr. and Mrs. 
Archer, Misses Camilla and Betty Price, Miss 
Divine, Miss Yontz, Miss Holmes of Oregon. 
Fred Hale. William Matthews. Dr. Chamber- 
lin. Mr. McGowan. John B. Hewson. Dr. Shaw, 
William Lewis. Mr. Gregory. Mr. Yontz. Mr. 
Moultrie, Mr. Johnson, and Mr. Davis. 

" 'On February 3. 1858, Mrs. Fred Appleton 
gave a fancy dress party at her home on the 
Alameda. Mrs. Appleton was a dark beauty 
and charming in manner. She was dressed as 
a gypsy; Mrs. Smith as Night; Miss Yontz as 
Morning ; Miss Packwood as Morning Star ; 
Miss Lily Eschols as Mary. Queen of Scots. 
Others present were: Misses Bascom, Divine, 
Thompson. Price and Hester. The gentlemen 
were : John B. Hewson. William R. Davis. 
Messrs. Lewis, Gregory. Yontz, William Mat- 
thews, Hall, Dr. Bell, and others. Miss Lottie 
Thompson was a Highland lassie and Miss 
Sallie Hester a flower girl. 

"Then we had balls galore at the old State 
House on the plaza and the City Hall on Mar- 
ket Street. I remember a large party given 
by the young men of San Jose in 1865 at the 
City Hall. At that time others were added to 
the list of society people: Mrs. William Dick- 
inson, Mrs. Flora Burnett, Mrs. Brown, Mrs. 
Thornberg, a beautiful woman, and others.' 

"In 1858 the Young Men's Social Club was 
organized and the officers were ; S. O. Hough- 
ton, W. R. Yontz. and W. A. Lewis, the 
members were : J. B. Hewson, James H. 
Gardner. George Evans. John M. Sherwood. B. 
F. Dewey. C. E. Cheney, A. W. Bell. Ralph 
Lowe, L. P. Peck, W. E. Davis, Joseph Bass- 
ler, John R. Yontz, John H. Gregory, Alex 
Beaty, S. Bassler, John Q. Pearl, A. Redman, 
J. H. Flickinger, John M. Murphy. P. O. 
Minor, Edmund McGowan, and William Mat- 



thews. Below this list was W. H. Travis, 
teacher of dancing. Mr. Lowe has also the 
dance programme of the second ball of the 
Santa Clara Valley Agricultural Society, given 
at the City Hall, Friday evening, October 21, 
1859. The reception committee included James 
F. Kennedy, John B. Hewson, W. A. Lewis, 
Patrick Murphy, Colonel Hollister, and Joseph 
R. Weller. The managers were Cary Peebles, 
Colonel Younger, R. G. Moody, H. C. Malone, 
S. J. Hensley, W. A. Bray, L. Prevost, E. S. 
Chipman, W. Reynolds, and W. T. Wallace. 
The floor managers were John M. Murphy and 
H. H. Winchell. The order of dances was 
promenade march, quadrille, schottische. ma- 
zurka, polka, waltz, quadrille coquette. High- 
land schottische. varsovienne, and quadrille 
march. Then supper and afterward the qua- 
drille, waltz, polka, schottische, mazurka, 
Spanish dance, 'Home, Sweet Home.' 

"In the home of Adolph Pfister the guest 
was always sure of a cordial greeting, and din- 
ners were the favorite form of entertaining, 
the family seldom enjoying this meal without 
two or more guests. Mr. and Mrs. T. J. Wil- 
burn, who came here in the early '50s from 
their Missouri home, settled on the Alameda, 
where, with characteristic hospitality, they de- 
lighted to gather friends around them. Their 
daughter, Mrs. Givens George, speaking of 
those times, said : 'The first party I attended 
here was in the '50s and was a dancing party 
given by Alajor and Airs. Hensley. Among 
the belles and beau.x present on that occasion, 
I remember Miss Sallie Hester, the Misses 
Price, Aliss Mattie Reed, Givens George, Ned 
McGowan, Fred Hall, Fred Appleton, John 
Gregory, Jim Maxey, and Captain McKenney.' 

"A large and delightful social circle, whose 
members did not include the votaries of the 
ballroom, but whose teas, church socials, mite 
societies and afternoon and evening gatherings 
were equally enjoyable, was formed by Mr. and 
Mrs. Donald MacKenzie, Mr. and Mrs. John 
Piercy, Misses Julia and Lou McCabe, the 
late Rev. H. C. Benson. Mrs. Benson. Mr. and 
Mrs. John Selby. Mr. and Mrs. T. Rea, Mr. 
and Mrs. J. H. Flickinger, Mr. and Mrs. John 
Trimble, Mr. and Mrs. Smith, Dr. and Mrs. 
Caldwell, Mr. and Mrs. William De Hare 
Boone, and Mr. and Mrs. E. J. W^ilcox. Mrs. 
Piercy often told of the delightful gatherings 
at the home of Mrs. MacKenzie and that in 
those times it was the principal place where 
Presbyterians gathered to spend a social even- 
ing. About this time Rev. L. Hamilton was 
pastor of the Presbyterian Church and Mrs. 
Piercy said that one day the reverend gentle- 
man called at her residence on Julian Street, 
where a number of church people were spend- 
ing the afternoon, and told them of his latest 
exploit, that of climbing to the top of the high- 



96 



HISTORY OF SANTA CLARA COUNTY 



est peak of the Coast Range Mountains, and 
how in honor of this feat that peak was after- 
wards known as Mt. Hamilton. 

"The social changes in the '60s are aptly de- 
scribed by a lady who for years was one of San 
Jose's lovely and amiable girls, afterwards 
ranking among the charming and aflfable ma- 
trons, Mrs. S. O. Houghton, now of Los 
Angeles : 

"'San Jose society between the years 1861- 
'65, had its social code and its exclusive circles, 
but it was not governed by iron-clad rules, nor 
was it hedged with formalities. Its social 
events were suited to the conditions of an in- 
telligent, sprightly, pioneer community, whose 
best physical and mental eflforts were devoted 
to practical schemes and to matters of great 
public interest, and whose hospitable natures 
still kept in touch with old home customs and 
influences. Few of us lived in houses spacious 
enough to accommodate large numbers of 
guests, but many delightful teas and sumptu- 
ous dinners brought genial friends together in- 
formally. There were also frequent exchanges 
of visits among families in the evenings. Home 
talent provided many musical treats, and spell- 
ing matches for benevolent purposes afTorded 
much amusement to large audiences. 

" 'AH entertainments for church or charity 
were regarded as social events. Madame Anna 
Bishop and Mr. and Mrs. Marriner Campbell, 
of San Francisco, occasionally favored us with 
concerts, which always brought out the most 
appreciative people. Our younger members 
had also their horseback rides, picnics, driving 
and dancing parties. 

"'It was not yet the custom to have these 
courtesies and merrymakings chronicled in the 
newspapers, nor were brides in those days en- 
riched with wedding presents. Day weddings 
were usually followed with dinners to relatives 
and intimate friends of contracting parties, and 
night weddings frequently ended with dances 
at the 'hall,' which was decorated with ever- 
greens for the occasion. 

" 'An annual ball was given by each of the 
following organizations: Firemen, Odd Fel- 
lows, Masons, and Military Companies. Arm- 
ory Hall was tastefully festooned for these 
events with evergreens, flowers and flags. The 
refreshments served were elaborate and the 
music furnished was excellent. February 
twenty-second, July fourth, Thanksgiving 
night, and New Year's eve were the dates se- 
lected for these brilliant reunions, which re- 
ceived the recognition and moral support of 
the best people in the community. As the 
membership roll of the first named organiza- 
tion formed largely the lists of the others, 
most of the husbands, brothers, and beaux ap- 
peared in different uniforms on each occasion. 



■' "The married ladies who, as spectators and 
chaperons, gave tone and dignity to these fes- 
tal scenes, were costumed in silks, satins, and 
velvets, high at the neck and with long sleeves, 
trimmed with laces and narrow velvet ribbon. 
They wore white gloves and carried lace 
handkerchiefs and handsome fans. Their or- 
naments were garnet and coral "sets," or neck- 
laces of gold, with pendant crosses jeweled 
with pearls and diamonds. Brides wore their 
bridal robes and ornaments, and young ladies 
were gowned in delicate shades of tarletans, 
Swiss, and grenadines. Many of their skirts 
were tucked nearly to the waist. The bodices 
were low at the neck and had short puflfed 
sleeves daintily trimmed with lace and satin 
ribbon. They also wore white gloves, and 
flowers in their hair. Gold necklaces with 
lockets attached were their only ornaments. 
Dancing began as early as eight o'clock in the 
evening, and those who did not wish to see the 
peep of day went home before the programme 
was finished.' 

"No home was more hospitable, nor none 
opened its doors more frequently to guests 
than the one presided over by Major and Mrs. 
W. W. McCoy, on the Alameda. Here dinners 
and dances were an almost every-day occur- 
rence. An elaborate dinner was given in honor 
of Hon. T. A. and Mrs. Hendricks, when the 
future Vice-President of the United States was 
touring the state in the early '60s. Mr. and 
Mrs. McCoy were assisted by their beautiful 
and accomplished daughters, Aliss Nannie and 
Miss Fannie. The guests, besides Mr. and 
Mrs. Hendricks, were: Dr. and Mrs. Bascom, 
Mr. and Mrs. W. T. Wallace, Colonel and Mrs. 
Younger, Dr. Marcus Chamblin.' 

"Following is a charming letter from Mrs. 
Fitzgerald : 'On receiving a letter asking for 
some brief account of some party I attended in 
San Jose in bygone years, my mind at once 
reverted to the wedding of two of Governor 
Burnett's children, somewhere near 1860. 
Miss Sallie Burnett was married to Mr. Fran- 
cis Poe. of Maryland. I think, and Mr. Arm- 
stead Burnett to Miss Flora Johnson. Miss 
]3urnett's bridesmaids were her cousin. Miss 
Mollie Smith, and Miss Maggie Branham, 
afterwards Mrs. Ogier. I do not remember 
who were their groomsmen, but those of the 
other couple were Mr. James Johnson, uncle 
of the bride, and Mr. James Whitney, and 
the bridesmaids were Miss Lou Johnson and 
Miss Fannie McCoy. 

" 'There was a large party on the night of 
the wedding in Governor Burnett's old home 
and the elaborate supper was served in an un- 
finished house which Mrs. C. T. Ryland was 
then building in her father's yard. Ne.xt day 
the bridal party attended a dinner given by 
Dr. and Mrs. Johnson, and on the evening 



HISTORY OF SANTA CLARA COUNTY 



97 



following Colonel and Mrs. Younger gave a 
large party in their honor. Other entertain- 
ments followed, and at the end of a week's 
festivities in San Jose the party, with parents 
and friends, went to San Francisco. There was 
no railroad then, and we were driven in car- 
riages to Alviso, where we took the boat to 
the city. There we attended a reception giv- 
en by Rliss Page and had a good time general- 
ly for several days after. Mrs. Poe lived but 
six months after her marriage, and Mr. Arm- 
stead Burnett only a year and a half. Mr. 
Poe went East and was killed during the Civil 
War, and Mrs. Burnett, some time after the 
death of her husband, married Mr. Will Hes- 
ter. Miss Lou Johnson is now Mrs. Dick- 
inson, and Miss Mollie Smith married a gen- 
tleman of the same name. San Jose was a very 
pleasant place in those days. It was still 
early enough for the gentlemen to greath' 
outnumber the ladies, so beaux were abundant, 
and the girls made much of. There were some 
beautiful Spanish and Mexican girls, too, some 
of whose names I forget. I remember the 
Misses Pico and Sunol, however.' 

"In writing of these times, Dr. Chamblin 
said that he had very pleasant recollections 
of his many old time friends in San Jose and 
of the many enjo}-able social affairs he attend- 
ed here in the earh- sixties at the home of 
Major and Mrs. W'. W. .McCoy, judge and 
Mrs. W. T. Wallace, Colonel and Mrs. Cole- 
man Younger, and several others, all of whom 
\yere noted for their southern hospitality. 

"The home of Mr. and Mrs. Josiah Belden. 
which stood where the Hotel Vendome now 
is, was the scene of many balls, musicales, and 
dinners. Among them a sumptuous dinner, 
followed by a dance, was given in the sixties 
in honor of Air. and Mrs. Delos Cole, who 
had just been married. In speaking of this 
a guest, who was present, said : 'A hand- 
somer bride it would have been hard to find 
than was Airs. Cole, and no wonder she was 
the central figure that night at the Belden 
party. Her beautiful neck, shoulders, and 
arms and her sweet face made, indeed, a per- 
fect picture.' 

"Air. and Airs. Norman Porter, and Dr. 
and Airs. Knox were among the people who 
selected San Jose for their home, and in 1863 
they settled here and soon occupied prominent 
places in society. 

"A few years later Dr. Chas. G. Ames, a 
LTnitarian divine, made monthly trips to Santa 
Cruz to deliver lectures, and at the close of 
the season the Unity Society sprang into ex- 
istence. Among the active members of the 
popular society, that for nearly fourteen years 
gave the most enjoyable entertainments ever 
known here were Mrs. Laura J. Watkins, Air. 
and Mrs. AI. Leavenworth, Air. and Airs. C. 



T. Settle, Air. and Airs. Ashley, Mr. and Mrs. 
Gould, Levi Goodrich, [. J. Owen, Air. and 
Airs. Thompson, Air. and Airs. G. Blaine, Air. 
and Airs. A. T. Herrmann and Airs. Sarah 
J. Knox." 

The historian will here interrupt Airs. 
Carroll's account by relating a storv in which 
Rev. Air. Ames and William T. Wallace 
figured. Wallace was a pioneer member 
of the San Jose bar, and a leader in so- 
ciety. In the sixties he was elected Chief 
Justice of the State Supreme Court. Ames 
was not a politician and made but few 
speeches, but these were something out of the 
ordinary. He was one of the brightest men, 
intellectually the country has ever jiroduced. 
He saved the day inv the Republican party 
in 1872 when Genrge C. Gorham was the lead- 
ing Republican orator uf the state. As a de- 
bater Gorham had no superior on the stump, 
and when joint discussions were the rule he 
was an enemy to be feared. Late in the cam- 
paign a joint meeting in San Jose was ar- 
ranged, the speakers to be Gorham for the 
Republicans and Judge William T. Wallace 
for the Democrats. Wallace was then in his 
I)rime and one of the most eloquent and ef- 
fective orators on the Coast. A large stand 
was erected on Santa Clara street in front 
of the Auzerais House and an immense crowd, 
comprising people from all parts of the coun- 
ty was in attendance when the hour of 
discussion arrived. At the last moment con- 
sternation reigned in the rooms of the Repub- 
lican County Central Committee. Gorham had 
missed his train and could not be present. 
Without him the meeting would be a Demo- 
cratic walkover and the Republican party of 
Santa Clara Cnunty would receive a blow 
that would be felt for years. 

The members of the Committee had about 
given up in despair when some one suggest- 
ed Charles G. Ames as a substitute for Gor- 
ham. It was not expected that he could do 
much without preparation, but it was believed 
that he could, at least, put up a good blufif 
and save the Republican party its distance. 
Like a drowning man catching at a straw, the 
committee caught at the suggestion and as 
good fortune would have it they found Ames 
willing to undertake the job. The Democrats 
readily accepted the substitution, believing 
that Ames would be a mere puppet in the 
hands of the trained and eloquent Wallace. 
They also graciously consented to give Ames 
the opening and closing speech, and the meet- 
ing opened at ■ the appointed hour before a 
crowd composed of sober-faced Republicans 
and glad-eyed Democrats. 

Ames' opening speech was short. He made 
no attempt to fire the hearts of his Republi- 
can auditors but contented himself with a brief 



98 



HISTORY OF SANTA CLARA COUNTY 



but clear statement of the principles and aims 
of the party he represented. Wallace fol- 
lowed in one of the best efforts of his life. 
In the belief that he was master of the situ- 
ation, he was eloquent and sarcastic by turns, 
but strong at all times. Dismissing with a 
few contemptuous words the arguments ad- 
vanced by Ames, as if both the subject and 
the man were beneath his notice, he went over 
the history of the past and in words of burn- 
ing eloquence pointed out the path, that in his 
opinion, all honest voters should travel. When 
he took his seat the air was rent with cheers. 
A happier lot of Democrats w-ere never gath- 
ered at a political meeting. 

The Republicans saw Ames arise but in their 
eyes there was no light of confidence or hope. 
They looked upon the day as lost and in 
imagination could see the grand Democratic 
demonstration that must follow the meeting. 
But soon despair gave place to surprise and 
surprise to joy that could hardly be restrained 
from the noisiest exhibition. Ames, after a 
few commonplaces, began to speak like one 
inspired. Epigrams, like pearls, dropped 
from his lips and brilliant bursts of eloquence 
were followed by sentences of such biting sar- 
casm that the Democrats winced as if they 
had been pricked by a knife. The speaker 
with his intellectual grasp, his thorough 
knowledge of his subject and his wonderful 
command of language, played upon his hear- 
ers as if they were some instrument and he 
the accomplished performer and master. As 
for Judge Wallace, Ames metaphorically wiped 
the floor with him and the defeat of the dis- 
tinguished Democrat was so complete that it 
was years before he could be induced to de- 
liver another speech in San Jose. The Re- 
publicans, and not the Democrats, had the 
demonstration that evening and Ames was 
the hero of the hour. 

Now Mrs. Carroll again. 

"In the early sixties the homes of Mr. and 
Mrs. Thormburg and Mr. and Airs. Cary Pee- 
bels, near Santa Clara, were frequently invad- 
ed by parties of merry-makers, and all were 
sure of receiving a cordial welcome. In speak- 
ing of these surprise parties, Mrs. Delos Cole 
said that she never forgot the exquisite sing- 
ing of Morris M. Estee, (afterward Governor 
of the state) who was always one of the crowd 
and who sang 'The Mocking Bird' with inimi- 
table charm at the last party she attended at 
Mrs. Thormburg's. 

"Mrs. Evaline Prothero Yoell, who for years 
was considered the most beautiful woman in 
the county, wrote of San Jose society, say- 
ing: 'I attended every party of importance 
from 1852 down to the last three that came 
very near together in 1870, when I left the 
Garden Citv. The first of these three was 



given by Miss Camilla Price, sister of Mrs. 
John Moore, at Judge Moore's residence, in 
honor of Mrs. Phoebe Hearst. The second 
was the golden wedding of Judge and Mrs. 
Craven Hester, and the last was given by 
Judge and Mrs. A. L. Rhodes, celebrating the 
anniversary of the wedding of their daughter. 
Miss Mary, to Mr. Alfre'd Barstow. These 
parties, all elegant, reflected great credit upon 
the ladies who were to the manor born. There 
was no Ludwig or Maison Dore to beckon 
to their assistance, and who appear like mag- 
ic and quietly steal awa}'. The ladies depend- 
ed upon their own tact and ingenuit3^ My 
memory is not very good and I could not be- 
gin to describe them, as I fear, amid the glam- 
our of the oriental splendor of today, it would 
sound meagre, would would be injustice 
to those society ladies. At the party at 
Judge Rhodes', as I entered the room, 
I said to him : 'Where will you find any to 
compare with this bevy of ladies — Mrs. W. T. 
Wallace, Mrs. Hensley, then a widow, Mrs. 
Josiah Belden, Mrs. Fitzgerald, ]\Iiss Sallie 
Hester, Mrs. A. M. Thompson, Miss Camilla 
Price, and Mrs. John Moore?' 

" 'Our society from the early '60s clown to 
'70 included : Mr. Boring, afterward Bishop of 
Georgia, and daughters. Misses Julia and Ella, 
Mr. and Mrs. S. J. Hensley, Mrs. C. T. Ry- 
land, Mr. and Mrs. W. T. Wallace, Mr. and 
Mrs. J. F. Reed, Mr. and Mrs. Josiah Belden, 
Judge and Mrs. Hester, and their daughters, 
Misses Sallie and Laura, Dr. and Mrs. Bascom 
and daughters. Miss Dollie Coombs, after- 
wards Mrs. Horace Hawes, Colonel J. B. Price 
and daughters. Misses Camilla and Betty, 
Miss Julia Peck, afterwards Mrs. Levi Good- 
rich, Miss Florence Inskeep, Miss Mollie 
Crane, afterwards Mrs. McPike, Colonel and 
Mrs. McCoy, Miss Nannie McCsy, Miss Fan- 
nie McCoy, now Mrs. Adolph Fitzgerald, and 
Mrs. West Chappell.' 

"A large party was given by E. C. Single- 
tary in Music Hall, and it was one of the 
swell affairs of the period. Wreaths of ivy, 
mingled with red and white roses, festooned 
the hall, and from the chandeliers hung bird 
cages, and ever and anon the shrill notes 
of the golden warblers blended in complete 
harmony with the soul-stirring and body-lift- 
ing strains from the band on the platform. 

"Mr. Singletary proved himself to be a prince 
at entertaining. The brilliant parlor and club 
rooms were open for all who did not wish 
to dance; colored servants, in livery, attend- 
ed to every want; carriages were at the dis- 
posal of the guests, and the sumptuous sup- 
per would have done credit to royalty. 

"In the later seventies the young society 
leaders organized a social club to introduce 
the German. Professor Millington was chosen 



HISTORY OF SANTA CLARA COUNTY 



99 



director, and under the leadership of Charles 
B. Hensley and Miss Kate Moody, the grace- 
ful figures with their accompanying favors, 
mirrors, flowers, and ribbons, were thoroughly 
enjoyed by the merry dancers. Among the 
members were Miss Annie Hanchett, after- 
wards Mrs. Jack Wright of Sacramento ; Miss 
Kate Moody, now Mrs. W. C. Kennedy ; Miss 
Sallie Trimble, now Mrs. Nicholas Bowden ; 
Miss Ella Hensley, now Mrs. Thornton, of 
Montana; Miss Lou Schallenberger, now Mrs. 
Thomas Montgomery ; Miss Frankie Cahill, 
now Mrs. Charles Wilcox; Miss Jennie Ca- 
hill, now Mrs. A. L. Veuve ; Miss Jennie Wil- 
son, now Mrs. W. P. Veuve ; Miss Minnie 
Foley, now Mrs. Richmond ; Miss Anita Fal- 
lon, Miss Ida George, now Mrs. Frank Bishop- 
rick, Miss Ada Ryland, Misses Porter, and 
Miss Pugh ; Messrs. Charles Hensley, Loring 
G. Nesmith, John T. Malone, E. S. Brevfogle, 
W. C. Kennedy, W. P. Veuve, Frank Haight, 
Sam R. Rhodes, E. C. Singletarv, J. H. Camp- 
bell, H. B. Alford, George Ashley, Ike Loeb, 
Pomeroy, Cutler, McMahon, Owen, and 
Howes.' 

"In '76 the French residents celebrated the 
Fall of the Bastile for the first time in this 
city. The large ball and sumptuous banquet 
at the Lake House was a social function not 
to be overlooked. The grounds were adorned 
with flags and lanterns and here the large sup- 
per table was arranged in the shape of a hollow 
oval. J. Poulain occupied a seat in the center, 
with Hon. B. D. Murphy, who was then mayor 
of the city, on his left, and J. B. J. Portal on 
the right. The committee of arrangements 
were J. B. J. Portal, B. Bury, A. Delmouly, 
J. Jacquelin and P. Etchebarne. 

"An Authors' Carnival and Ladies' Bazaar, 
the first on the Pacific Coast, was held in 
Music Hall under the auspices of the Home 
of Benevolence. It was an event in the his- 
tory of San Jose and well may the officers 
of the Home at that time be gratefully remem- 
bered for the skill with which they conduct- 
ed the afifair. Mrs. Nellie B. Eyster was pres- 
ident; Mrs. M. H. McKee and Mrs. L. W. 
Moultrie, vice-presidents; Mrs. Louise E. 
King, secretary, and Mrs. Frances D. Wil- 
liams, treasurer. The board of managers were : 
Mesdames J. C. Cobb, C. R. Span, T. W. 
Spring, A. N. Gates, Ben Cory, P. D. Hale, 
Pauline Stone, E. Coombs, T. E. Beans, S. A. 
Clark, C. H. Allen, H. J. Haskell, Jackson 
Lewis, P. T. de Cabe, A. T. Herrmann and 
M. Diamond. 

"The following bit of reminiscence about 
General Smith, at whose home near this city 
many people have been entertained, is from 
I\Irs. Mary Barstow, daughter of Judge Rhodes 
and the late Mrs. Rhodes. 



" 'General Giles A. Smith, who as a divi- 
sion commander under Grant, served with 
great distinction during the Civil War, and 
who was afterward appointed Second Assistant 
Postmaster-General at Washington, came to 
California in the early seventies for a rest, 
with his wife and little daughter. May. They 
were accompanied by Alfred Barstow. Mr. 
Barstow was also connected with the Post- 
office Department and he and General Smith 
became great friends. The General bought a 
ranch in the foothills near Alum Rock, where 
he built a beautiful home and entertained 
charmingly. 

" 'After the General's death, Mrs. Smith and 
her daughter went abroad, where Miss May 
married a gentleman of Geneva, Switzerland, 
and still lives there in the most ideal man- 
ner, her husband, Mr. Francis Delapalane, be- 
ing an artist of high standing and ample 
means.' 

"A brilliant party by the young men of San 
Jose was given Friday evening, January 26, 
1&S3, when 

Shimmering satin and gossamer laces. 
Blaze of trumpets and bugle call; 
A shifting sea of bewildering faces. 
Surging along through the perfumed hall, 
but faintly describes the gorgeous scene. The 
committee of arrangements were: John W. Ry- 
land, E. McAfee, William K. Beans, J. C. 
Travis, Andrew P. Hill, J. B. Cory, and A. E. 
Haden. Music Hall was garlanded with cy- 
press and holly berries and a large green 
streamer was stretched across the stage bear- 
ing the words : 'We greet you, one and all.' 
The music was by Kauffman and Parkman, 
and one feature was a schottische composed 
for the occasion by Mr. Kauffman and dedicat- 
ed to the Young Ladies' Social Temperance 
Club. 

"The ladies who composed the reception 
committee were : Mrs. S. O. Houghton, Mrs. 
E. O. Smith, and Mrs. Lawrence Archer. Mrs. 
Houghton wore an elegant dress of black lace 
over black silk ; garniture of red roses ; orna- 
ments, diamonds. Mrs. E. O. Smith was 
dressed in rich black satin, trimmed with os- 
trich feathers ; point lace fichu ; ornaments, 
diamonds. Mrs. Archer wore a dress of black 
silk brocade ; corsage bouquet of red roses ; 
ornaments, diamonds. 

"The gentlemen who got up the ball were : 
Messrs. H. J. Alexander, lleniv B. Alvord. 
George Avery, G. Anders, .n, W'. W. Blanch- 
ard, W. K. Beans, A. L. Barker, Nick Bow- 
den, Frank P. Bull, Da\ e Brvant, T- Booksin, 
W. E. Coombs, Dr. Bruce Clmv, C." Colombet, 
Louis Colombet, Ed. Clayton. A. W. Coombs, 
C. Chapman, F. Coykendall, R. Coykendall, 
H. F. Dusing, Ernest Dawson, Ed Enright, 



HISTORY OF SANTA CLARA COUNTY 



C. Flickinger. \V. Finch, W. J. Fosgate, L. 
F Graham. Will George, A. E. Haden, C. 
I Heyler J. B. Holly, W. B. Hobson, Thad 
"Hobson, A. P. Hill, M. C. Hall. S. O. Hough- 
ton. D. Hanna. L. Hartman, H. Hart, A. C. 
Ingalsbv, Ed Jobson, Stanley Kelly, L. F. 
Kullak,'john Cahill, M. Loryea, Andrew Len- 
drum, W. W. Leghorn, Dr. F. K. Ledyard. 
Tohn McMahon, Charles Moody, C. J. Mar- 
tin, J. H. Maddox, John McCauley, A. McAfee, 
Louis Montgomery, Howell Moore, W. S. Mc- 
Murtry, L. G. Nesmith. W. S. Osterman, J. B. 
O'Brien, S. Oberdeener, A. Price, F. Ffister. 
R Pierce. J. H. Pierce. Sam Rucker, John 
Ryland, F. K. Ryland. J. R. Ryland, Ed Sned- 
aker. Dr. W. Simpson, Fred Stern. Ed. Snell. 
Sam E. Smith, W. Selby, S. Stone, John Tully. 
A. B. McNeil, J. C. Travis, F. W. Thompson, 
H. P. Thaver, A. K. Whitton. Henry Willey. 
Charles W'illiams, H. Ward Wright. J. Wheel- 
er, C. A. Youngberg, E. D. Young. Ed Young- 
er, R. Smith, and F. Zuver. 

"About fifteen years ago the beautiful Hotel 
Vendome was opened with a ball in which 
the cream of San Jose and San Francisco so- 
ciety gathered and celebrated. The commit- 
tee 'included Dr. W. S. Thorne, Hon. F. E. 
Spencer, Hon. B. D. :Murphy, Charles M. 
Shortridge. E. W. Clayton, A. K. Whitton. 
E. W. Newhall, Dr. A. H. Voorhies, and A. 
C. Bassett. The floor committee had as mem- 
bers, E. C. Flagg, W. S. Clayton, R. B. Spence. 
James T. Rucker, James D. Phelan and Capt. 
Burdick. 

"A large and brilliant party was given by 
Hon. and Mrs. B. D. ]\Iurphy to introduce 
their daugher, Miss Mary, now Mrs. Ward 
Wright, into society. The interior of the 
Murphy home on South Third street was 
decorated with the rarest of flowers, inter- 
mingled with ribbons and smilax. The guests 
included all the young society people here 
and many from San Francisco. 

Distinguished Visitors 

"Among the notable social functions that 
have taken place here was the reception on 
the evening of May 13, 1901, in honor of Pre- 
sident and ^Irs. \\'illiam IMcKinley and the 
members of the Cabinet. The Vendome 
Hotel never looked grander than in its decora- 
tion of banners, bunting flags, and electric 
lights on the exterior, and blossoms, shrubs, 
and palms, in the interior. The reception 
committee was composed of Hon. Charles J. 
Martin, mayor of this city, Hon. William G. 
Lorigan, Jackson Hatch, Hon. A. L. Rhodes, 
Dr. H. C." Brown, Hon. M. H. Hyland, S. 1-. 
Leib, O. A. Hale, James D. Miner, J. H. 
Henry, Major William G. Havvley, Dr. J. W. 
Davy, Hon. Delos C. Druffle, W. C. Andrews, 



Ernest Lion. William A. Beasley, Alfred Hol- 
man. H. R. Chesbro. Charles W. Williams, 
J. O. Hayes. David Henderson, Mrs. Charles 
Martin, Mrs. Adolph Greeninger, Mrs. Jack- 
son Hatch, Mrs. D. Goodsell, Mrs. Henry 
Lion, Mrs. A. H. Jarman, Mrs. S. F. Leib, 
Mrs. J. R. Carroll, Mrs. Nicholas Bowden, 
Mrs. W. P. Dougherty, Mrs. George M. Bow- 
man, Miss Belle Mackenzie, Mrs. H. S. Foote, 
Mrs. Nellie G. Arques, Miss Winifred Mc- 
Laughlin, Mrs. Ralph Hersey, Mrs. Henry 
Booksin, Sr., Mrs. A. H. Marten, Miss Es- 
telle Lion, and Mrs. R. Hersey. The recep- 
tion was held in the south parlors. Secretary 
Hays acted as the representative of the Pre- 
sident, so unexpectedly absent on account of 
the illness of Mrs. McKinley, and he was^as- 
sisted by Postmaster-General Smith and Sec- 
retaries Long, Hitchcock, and Wilson. 

"Another social event was when Governor 
Nash of Ohio and the Congressional party of 
the same state were entertained on the twelfth, 
thirteenth, and fourteenth of May, 1901. First 
was given an Italian breakfast by E. E. Good- 
rich at his famous Quito Olive Ranch, when 
among the Santa Clara gentlemen present 
were: F. C. Ensign, C. M. Wooster, W. S. 
Clavton. Hon. M. H. Hyand, J. R. Lewis, E. 
^IcGuiness, Rev. H. Melville Tenney. Chief of 
Police James Kidward, and F. W. Crandall ; 
later at an informal reception at the Court 
House, when upwards of eight hundred 
people called to bid the distinguished guests 
welcome ; and lastly at a dinner to the Gover- 
nor and party by Mr. and Mrs. S. F. Leib at 
their home on the Alameda. 

"It has been the proud privilege of San 
Joseans at different times to welcome within 
the gates of their city the Chief Executives of 
the nation, among them being Hayes, Grant, 
Harrison, McKinley, and Roosevelt. The 
last named President visited this valley on 
May 12, 1903. It was an ideal spring day; 
the'weather warm and clear; the flowers, the 
fields, and the orchards looked their loveliest. 
Muhitudes gathered to see and greet their 
Chief, who made several stops within the 
boundaries of the county, and at each place re- 
ceived a generous California welcome. The 
first was at Gilroy, where he made a short 
address, and the next was at San Jose. After 
addressing the thousands of men, women, and 
children assembled around the platform which 
had been erected for the occasion, and fitting- 
ly decorated with bunting, palms and flowers, 
he went for a drive, accompanied by a mount- 
ed escort of citizens, who included Clem R. 
Arques, Ralph W. Hersey, Sheriff R. J. Lang- 
ford, J. D. Radford, M. E. Dailey, Leo Archer, 
Colonel A. K. Whitton, Thomas McGeog- 
hegan, R. R. Syer, Arthur Langford, J. W. 



HISTORY OF SANTA CLARA COUNTY 



101 



Gilkyson, W. S. Clayton, Toseph H. Riicker, 
William A. Bowden. C. H. Geldert, Henry 
Lion, and C. T. Crothers. Besides these there 
were a large number of carriages containing 
the members of the President's party, the 
reception committee, and the newspaper re- 
presentatives. The route was along the beau- 
Ijful and well kept roads, and many were the 
pleasing incidents that occurred to heighten 
the pleasure of the distinguished guest. On 
Santa Clara Street the ruler of the United 
States halted to greet the pupils of Notre 
Dame College, who were stationed on the 
sidewalk, and to accept a bunch of magnifi- 
cent rosebuds presented on behalf of the 
school by one of San Jose's prettiest girls. 
Miss Bertrand Cauhape, daughter of Mr. and 
Mrs. Victor Cauhape. After passing along the 
famed Alameda, he was warmly greeted in 
Santa Clara by Rev. Robert E. Kenna. presi- 
dent of Santa Clara College, who with the 
faculty and students of this historic seat of 
learning, had gathered in front of the grand 
old mission cross, while hundreds of school 
children were congregated near by. 

"The Committee that so successfully plan- 
ned and carried out the program which made 
the sojourn of the President so pleasant in- 
cluded : Judge A. L. Rhodes, A. Greeninger, 



Major C. P. Braslan. James R. Lowe. J. S. 
Gage, C. W. Coe, J. W. Davy, H. Morton, J. 
E. Richards, A. H. Marten, Dr. Wm. Simp- 
son, I. Loeb, H. Center, Geo. W. Ryder, R. P. 
Keesling. S. Sampson, W. L. Woodrow, C. J. 
Cornell, T. A. Carroll. Gus Lion, John 
O'Keefe. L. E. Bontz. T- C. Hall. W. S. Rich- 
ards, H. T- Edwards, G. Peirano, S. N. Rucker, 
Rev. H. C. Meredith, T. S. Montgomery, John 
Corrotto, Frank Stock, J. A. Chase, Father 
Gleason, A. P. Lepesh, W. E. Graham, Paul 
Masson, George B. McKee, D. J. Gairaud, J. 
R. ^Yelch, T. T- Stone, J. A. Belloli, Sr.. Dr. 
A. AL Barker," Colonel Philo Hersey, T. J. 
Riley, H. Doerr, Jackson Hatch, W. C. An- 
drews. Sam Boring, A. S. Bacon, \V. H. Jen- 
kines, \V. G. Alexander, E. J. Bennett, S. B. 
Hunkins, J. E. Brooke. George Keflfel, A. E. 
Shumate, Edgar Pomerov, W. P. Lvon. A. C. 
Hubbard, J. H. Henrv. Avery Porter, Dr. H. 
J. B. AVright, J. H. Campbell. H. Peckham, 
Patrick Murray, J. T- Cherrie, George N. Her- 
bert. Charles Kenj-on, T. C. Barnett, T. W. 
Hobson, F. W. Moore, and J. R. Patton. The 
next day the presidential party was given a 
right royal greeting by President David Starr 
Jordan at the Leland Stanford Jr. University, 
and by the students and residents of Palo Alto 
and Mayfield." 



CHAPTER VII. 

Passing of the Old Landmarks of San Jose — The Fair Grounds, Live Oak 
Park and Prevost's Gardens — Stories of the Old Court House and the 
County Jail — Crimes and Tragedies of Those Days — Naglee, Hensley 
and Belden Residences. 



The old landmarks of San Jose are fast dis- 
appearing. There are few, very few, of the old 
adobe houses of the '50s, '60s and '70s. The 
old pleasure resorts are .gone, but in their 
places are spots better adapted to the large 
and rapidly growing population of the twen- 
tieth century. For years Agricultural Park, 
or the Fair Grounds, furnished entertainment 
for the farmer and the lover of speed perform- 
ance. It was here that General Grant, after 
his trip around the world, was treated to a 
running race against time by Occident, then 
the property of Senator Leland Stanford. The 
park was owned and managed by an agricul- 
tural society organized in 1854. The first of- 
ficers were: L. H. Bascom, president; J. F. 
Kennedy, vice-president; E. P. Reed, record- 
ing secretary ; W. S. Letcher, corresponding 
secretary ; F. G. Appleton, treasurer ; and J. 



B. Allen. Mr. Frost, James Houston, Joseph 
.\ram, W. R. Bassham. Dr. Langborne and 
Samuel Robinson, managers. No fair was 
held by this society, but in 1856 the State Ag- 
ricultural Fair gave an exhibition, at which 
Santa Clara Co\inty carried off the honors. 
Prior to establishing the At^Ticultiiral Society 
a horticultural society ha. 1 been fMiiiu-d and 
the two interests were tinitcd in 1S57 with the 
election of the followini;- uliiccrs: president, 
\\'illiam Daniels; vicc-iinsidcnts, Coleman 
Younger and Joseph Aram : secretary, J. C. 
Cobb ; treasurer, R. G. Moody ; directors, L. 
A. Gould and Louis Prevost. A fair was held 
in September and also one in 1858, but the 
difticulties attending these exhibitions made 
it evident that they could not be continued 
under the then system of management. The 
sociefy had no funds, but was obliged to rely 



102 



HISTORY OF SANTA CLARA COUNTY 



on voluntary contributions for its premium 
lists. After much discussion it was resolved 
to disincorporate. This action was taken and 
in March, 1859, there was procured the pas- 
sage of an act incorporating the organization 
under the name of the "Santa Clara Valley 
Agricultural Society" and from this date ran 
its legitimate history. The first officers under 
the charter were William Daniels, president; 
Cary Peebels and Coleman Younger, vice-pre- 
sidents ; C. B. Younger, secretary ; R. G. 
Moody, treasurer : Louis Prevost and H. H. 
Winchell, directors. 

The Fair Grounds on the Alameda were 
purchased from Gen. H. M. Naglee, for $6,000 
in 1859 and the work of improvement com- 
menced. The tract contained seventy-six 
acres. Trees were planted from 1872 to 1876 
and the grand stand was erected in 1878. Now 
all was serene. The society held yearly fairs, 
paid expenses and the best horses on the 
coast competed at each exhibition. Up to 
1880, the Society drew an annual appropria- 
tion of $2,000 from the state. In this year 
the Legislature passed an act dividing the 
state into agricultural districts, Santa Clara 
and San Mateo counties forming District No. 
5. When this law went into effect it stopped 
all state aids to the county society. This 
aid was absolutely necessary as the proceeds 
of a fair would not be sufficient to pay good 
premiums and other necessary expenses. 

The society did not want to change its old 
organization to one under the state law, for 
it might jeopardize the title to its real estate, 
which had become very valuable. The only 
way out of the difficulty seemed to be to or- 
ganize a new society under the state law and 
arrange with the old society for the use of its 
grounds. This was accordingly done and for 
several years fairs were held under the aus- 
pices of the Santa Clara and San Mateo Agri- 
cultural Association. The new society was 
formed from members of the old one. But 
soon fair interest waned and debts began to 
accumulate. Finally the directors of the old 
society sold the grounds and Agricultural 
Park ceased to be. In the hands of private 
parties the place was made one of the most 
attractive in the county. Fences were torn 
down, buildings were removed, and streets 
were laid out and paved. Then building lots 
were sold and today the tract shows scores 
and scores of pretty bungalows with streets 
and sidewalks in keeping with the highest 
metropolitan requirements. Not a trace of 
the old racing track remains. 

Live Oak Park and Prevost's Gardens 

In 1919 the lasf vestige of adornment of 
what was once San Jose's most popular- plea- 



sure resort disappeared. The last live oak 
tree in the unimproved section of old Live 
Oak Park was leveled and nothing but an ar- 
ray of unsightly stumps remain to show that 
once upon a time great, many-branched and 
spreading oaks furnished shade and beauty to 
one of the pride spots of the Garden City. 
Live Oak in its glory was a place of romance. 
Here, on moonlit nights of the early period,* 
were heard the soothing strains of the Span- 
ish lover as he sang and played while his 
dark-eyed sweetheart raptly listeiied and soft- 
ly sighed. Here, at picnic and dance, the 
bands played and the great platform quivered 
beneath the feet of happy dancers. No rag- 
time, no jazz music in those times. Instead 
there were the old time mazurka, varso- 
vienne, schottische, waltz, lancers, money 
musk and plain quadrille, the last named given 
laughable variety by the go-as-you-please an- 
tics of the irrepressible "Tucker." 

In the late '60s and throughout the seven- 
ties Live Oak was in the flower of popularity. 
Family picnics, moonlight dances, and outside 
excursions, mainly from San Francisco, fur- 
nished joyous divertissement for town and 
country. There were tables for eating, a 
large pool near the banks of the Guadalupe for 
boating and other aquatic sports, ice cream 
and other booths, and long, shady walks 
among the giant trees and along the banks 
of the peaceful arroyo. Don Antonio Sunol, 
one of the early Spanish settlers, was the 
owner of the park and after his death the 
Sainsevains took charge of the property. One 
of Don Antonio's grandsons is Paul Sainse- 
vain, the well-known surveyor and civil en- 
gineer. 

The park, as originally used, extended on 
the north side from the Park Avenue bridge 
to Spencer Avenue and along Spencer Avenue, 
fifty varas deep to within 137^/2 feet of San 
Carlos Street. On the east the property ran 
southerly about 300 feet. The creek was the 
eastern boundary and south and east of the 
park were the extensive grounds of Louis Pre- 
vost. He was an enthusiastic gardener and 
to make his place the most attractive spot in 
the suburbs of San Jose, he imported from 
Europe the choicest flowers, bushes and fruit 
and ornamental trees. The place was known 
as Prevost's Gardens and was open to the pub- 
lic, while for years Prevost kept open house 
in the large mansion in the middle of the gar- 
dens. About forty years ago Prevost went 
into bankruptcy and his property was sold by 
the Sheriff, Robert Page, then of the real es- 
tate firm of Rucker & Page, becoming the 
owner of the mansion. A few years later it 
was sold to A. S. Williams, former banker, 
who still occupies it. 



HISTORY OF SANTA CLARA COUNTY 



103 



Prevost lost considerable money in at- 
tempting to successfully establish a silk fac- 
tory. He was the pioneer of Central Califor- 
nia in this industry and while the factory was 
in operation products of his looms were ex- 
hibited and took prizes at the county fairs. 
The factory was located on Delmas Avenue 
near San Salvador Street, but the cocoons 
were raised on a platform above the roof of 
his mansion. The silk worms were imported 
and fed on mulberry leaves. Live Oak Park 
and its attractive neighbor, Prevost's Garden, 
were closed at about the same time. Now, 
where once live oaks flourished and choice 
flowers and shrubbery made beautiful over 
seven acres of ground, are seen up-to-date re- 
sidences and new streets. 

The old Court House is now but a memory. 
It stood at the southeast corner of Second 
and San Fernando Streets. It was purchased 
from A. S. Caldwell for $4,000 and in Decem- 
ber, 1853, was officially declared to be the 
County Court House. The building was af- 
terwards known as the What Cheer House 
and stood until about forty years ago when it 
was torn down to make room for the two- 
story brick building now occupied by the Geo. 
B. McKee Company. 

One of the sensational events of the early 
days was the street duel between Thomas 
Shore and S. J. Crosby. In 1858 Paul Shore 
was killed on Henry W. Seale's ranch, a short 
distance from Mayfield. He had squatted on 
a portion of the ranch land and thereon had 
erected a cabin. Thomas Scale, Henry's 
Ijrother, believing that Shore had no legal 
right to occupy tlje land, resolved to eject him. 
One day he went to Shore's cabin for the 
purpose of carrying out his resolve. He was 
accompanied by Alexander Robb, a hired man. 
Shore was at home and a wordy dispute arose 
between the two men. While it was going on 
S. J. Crosby, a neighbor, and a friend of Seale, 
came up. He had borrowed a pistol from 
Seale some time before and had hunted up 
Seale, so he said, for the purpose A returning 
the weapon. Seale took the pistol and in the 
altercation that ensued Shore was shot and 
mortally wounded. The report was after- 
ward circulated that Crosby, who had wit- 
nessed the shooting, had set Seale's dog on the 
wounded man and had stood by urging the 
dog on until Shore had ceased to breathe. 
This report aroused a bitter feeling against 
Crosby. That evening Thomas Seale came to 
San Jose and delivered himself into the custody 
of Sheriff John ]\I. Murphy, stating that he 
had killed a man in self-defense and desired a 
public investigation. The next day word 
came from Mayfield that the settlers were lay- 
ing plans to lynch Crosby. To prevent such 



action Under-Sheriff John R. Wilson was in- 
structed to go down to Mayfield, arrest Cros- 
by and bring him to the County Jail. To le- 
galize the proceeding a complaint charging 
Crosby with being an accessory to the killing 
of Shore was made out and placed in Wilson's 
hand. The arrest was easily made. A prelim- 
inary examination followed and Crosby was 
discharged. 

In March, 1859, Thomas Seale and Robb, 
the hired man, were placed on trial in the 
Third District Court, Judge Sam Bell McKee 
presiding. J. A. Moultrie, as district attorney, 
conducted the prosecution and William T. , 
Wallace and C. T. Ryland appeared for the 
defendants. Crosby had been summoned as a 
w^itness and it was while the case was before 
the Court on Second Street, corner of San Fer- 
nando, that the second tragedy was staged. 
It was near the noon hour and Crosby was 
walking by Thomas Bodley's stable on San 
Fernando Street, between First and Second, 
when he was hailed from behind by Thomas 
Shore, the brother of Paul. Crosby turned 
and the duel opened. At the opening of the 
engagement Crosby received a mortal wound, 
but for a few minutes was able to keep on his 
feet and use his pistol. His firing was wild 
and none of the bullets reached his adversary. 
But one man, an innocent party, received his 
death wound. The man was L. Posey Fer- 
guson, a miner from Grass Valley, who had 
come to San Jose with a friend who was on 
his way to his Missouri home. Ferguson had 
entered the court room to listen to the pro- 
ceedings. When the duel outside opened, he 
said: "What does that mean?" and rushed 
for the door. He was standing on the steps 
when a bullet entered his breast. He stepped 
back a few paces, then sank on a bench and 
died in a short time. The coroner's jury found 
that the shot had been fired by Samuel J. 
Crosby. 

When Crosby saw that he was at a disad- 
vantage, he staggered toward the Court 
House, but fell at Bodley's gate. It was 
claimed at the time that two or three persons, 
as well as Shore, shot at Crosby, who was on 
his knees, trying to cock his pistol, when there 
came the bullet that ended his life. The duel 
over, Thomas Shore mounted a horse and fled 
to the mountains. He was never prosecuted 
for the killing. The cases of Seale and Robb 
were transferred to Alameda. In each case a 
verdict of accjuittal was rendered. 

Another old landmark that has disappeared 
was the county jail, located at the southeast 
corner of Third and San Fernando Streets, 
not far from the Court House. The first 
county jail was located on the lot occupied by 
the old State House on Market Street, fronting 



104 



HISTORY OF SANTA CLARA COUNTY 



the Plaza, and was erected in the days of '49. 
In 1854 a contract was awarded to Marcus 
Williams for the erection of a jail buildings at 
the southeast corner of Second and San Fer- 
nando Streets. The price was to be $15,000 
and R. B. Buckner was appointed to superin- 
tend the construction. The jail was complet- 
ed Januar\' 2. 1855. It was of brick, with iron 
cells, and was considered a remarkably secure 
place for the confinement of prisoners. It was 
used until 1871. When the new Court House 
on First Street, near St. James, was built, it 
was found necessary to have the county jail 
nearer to the court rooms and Levi Goodrich 
was directed to prepare plans and specifica- 
tions. The plans were submitted and adopted 
and during the next year (1870) the jail was 
completed and in use. The brick of the old 
jail was used in the new building. The old 
jail lot was sold for $5,850. 

The killing of Jailer Martin Roohan at the 
old jail was preceded by a tragedy at the 
adobe house of Harry Bee. The date was 
Monday. July 30, 1860, at about four o'clock 
in the morning. There had been a night of 
festivity and during the merrymaking Felipe 
Hernandez, a desperate character, who had 
already been tried for one murder and though 
convicted by one jury was on a second trial 
found not guilty, entered and proceeded to 
make trouble. In a dispute over the owner- 
ship of a guitar, Hernandez shot and killed 
John Bee, the son of the host. On hearing 
the report of a pistol Harry Bee rushed into 
the room and in trying to intercept the flight 
of Hernandez was shot in the leg. Amputa- 
tion was afterward performed. Hernandez es- 
caped, but after some months was captured, 
tried and sentenced to death. The account of 
the murder of Roohan is taken from the 
Mercury of October 2, 1862. 

"Felipe Hernandez, a prison confined in the 
county jail for murder and sentenced to be 
hanged on Friday last (Oct. 24th), performed 
on the preceding evening one of the most dar- 
ing deeds of desperation that it Tias ever fallen 
to our lot to record. Felipe is a native Mexi- 
can, about thirty years of age, rather fine look- 
ing, with a keen, piercing eye. He is about 
five feet eight inches in height, weighing not 
more than 150 pounds, but evidently possess- 
ing the strength and agility of a tiger. The 
jailer, Martin J. Roohan, was a large, power- 
fully built man, sixty-three years of age, pos- 
sessing immense strength and cool, unflinch- 
ing courage. He had had much experience in 
handling and managing desperadoes and had 
unlimited confidence in his ability and nerve 
for any emergenc}'. 

"On the lower floor of the jail there are 
three large cells, opening into a corridor or 



hall, al^out six feet in width and perhaps thirty 
feet in length. The middle cell, in which 
Felipe was confined, is lined with boiler iron 
and is otherwise made as secure as is deemed 
necessary to restrain the hardest cases. It is 
used exclusively for condemned prisoners or 
such as are awaiting trial for capital ofifenses. 
This cell Felipe occupied alone. 

"On Friday morning (the 24th) while the 
sheriflf was in our ofifice attending to some 
business, his deputy, Mr. Chapman, came in 
and informed him that he was unable to get 
into the jail and wondered what had become 
of Roohan. Suspecting that something was 
wrong, in company with the sheriff and two 
or three officers, we repaired immediately to 
the jail yard and soon eflFected an entrance. 
The outer door of the jail was closed, but not 
locked. The door leading to the corridor 
we found open. On passing through into the 
corridor we discovered the jailer lying on the 
floor, stifif in death, surrounded by all the 
ghastly evidences of a terrible struggle. 

"In the other cells there were a number of 
prisoners confined for light) ofifenses. some 
half a dozen in each. The doors of the cells 
are latticed with iron bars, and wdiatever is 
transpiring in the corridor, may be witnessed 
by the prisoners within. Roohan usually had 
some one of the prisoners to assist him in 
the domestic duties of the jail. At three 
o'clock on Thursday afternoon, as we learn 
from the testimony of the prisoners at the 
coroner's inquest, the jailer and his assistant 
brought in the dinner and placed it on the 
floor of the corridor near the cells. It was 
the custom to feed Felipe first. I\Ir. Roohan 
unlocked the door and bade hit. .:ttendant to 
pass in the food. The attendant passed into 
the cell. Felipe, who had freed his hands in 
.-^oine Avay, with the quickness of thought 
dashed the man aside, sprang upon and seized 
Roohan by the body, at the same time getting 
possession of a knife which the jailer wore in 
a belt at his waist. Then commenced the fear- 
ful death struggle, in the presence of the other 
prisoners, who were unable to icnder either 
party the least assistance. The waiter, who 
is an imbecile old Mexican, shrank with ter- 
ror to the end of the corridor. The jailer car- 
ried a revolver at his belt, but Felipe hugged 
him so closely that he was unable to get at 
it. There were riveted upon the ankles of 
the prisoner at the time immense iron 
shackles, weighing one hundred pounds, and 
yet the other prisoners testify, they seemed of 
no weight to him. Fie had wound them with 
cloth and strapped them to his hmbs in a 
way as to be of as little inconvenience as pos- 
sible. With a knife in one hand at liberty and 
with the other firmly grasping the l^ody of his 



HISTORY OF SANTA CLARA COUNTY 



105 



victim, he was a match for anything human. 
He appHed the knife first to the throat of his 
victim, inflicting frightful wounds. This 
brought Roohan to his knees. Struggling to 
his feet he put forth every effort to overpower 
his wily foe. But weakened by the blows al- 
ready inflicted he was unequal to the task. 
Felipe then stabbed him through the heart 
and into the lungs, killing him instantly. 
He then informed the other prisoners, not 
one of whom was armed, that if they gave 
any alarm they would share Roohan's fate, 
and they knew he would keep his pro- 
mise. The prisoners say he appeared per- 
fectly cool, both at the time of the mur- 
der and afterwards. With the keys in his 
possession, he now had command of the jail. 
Unlocking one of the cells, in which there 
were five men, he thrust in the trembling 
Mexican waiter and again locked the door. 
Among the prisoners in this cell was a Chileno 
in irons, who had been imprisoned _the day be- 
fore for stabbing a man at New Alameda. 
Felipe, after working half an hour, removed 
the irons and released the man, and they both 
together went into Roohan's private room, 
where they found files and old chisels neces- 
sary for their purpose. The task was a long 
and arduous one. The heavy shackles spoken 
of were secured to the ankles with half-inch 
bolts, riveted in the most substantial manner. 
The witnesses testify that it must have been 
two o'clock in the morning when the filing 
and hammering ceased. The desperadoes 
then made their escape, taking with them two 
revolvers and over $800, which Roohan was 
known to have had in his possession." 

Felipe was a desperate, bloody minded man. 
He had been several times tried for capital 
crimes ; once for the killing of Carol^ine at 
Alviso, for which he received a sentence to 
state prison for life, but was pardoned out by 
Governor Weller. AVhen sentenced to be 
hanged for the murder of John Bee he mani- 
fested supreme unconcern. But later he 
changed his tactics, successfully playing the 
penitent. The jailer frequenly f. mnd him cm 
his knees, praying, and it was willi (liriiculty 
that he was induced to partake of food. His 
cross was always before him and he prayed 
with a perseverance that would have done cre- 
dit to a saint. By this means he threw Roo- 
han off his guard. When the sheriff suggest- 
ed the propriety of having some one stay 
with him on the night preceding the execu- 
tion, Roohan declared that there was not the 
slightest necessity for such a precaution — all 
was serene and Felipe was as mnlK- as ;i kit- 
ten. As soon as the facts in thi; ca-^e lircame 
known to Sheriff Kennedy, cnltv exertion to 
effect the capture of the murderer was made 



and a large reward was offered. It was after- 
ward reported that Felipe escaped to Mexico 
where he joined a party of revolutionists and 
that on being captured he was shot and 
killed. 

Another escape from the old county jail 
took place in 1863. A stage-driver named 
John Marr, alias "Wild Cat," had an alterca- 
tion with another driver, a Frenchman named 
Peter Veuve, at the Washington Hotel, on 
Market Street, on the morning of Tuesday, 
November 18, 1862, which resulted in the 
death of Veuve. It appeared from the testi- 
mony that an old grudge had existed between 
the two men. "Wild Cat" accused Veuve of 
stealing money from Mr. Dutech, the stage 
owner. The Frenchman denied the allegation 
and threatened, on the day of the tragedy, that 
he would have a "Wild Cat" skin before night. 
Both men boarded at the hotel. There was 
trouble at the breakfast table, but they were 
prevented from doing personal violence. They 
then proceeded to the stable to "fight it out." 
On the way to the stable Veuve said to Marr, 
"I am unarmed. How is it with you?" Marr 
said, "No," a statement that proved to be 
false, as he shortly drew a knife and cut 
Veuve in the arm and the abdomen, causing 
death in a few hours. Marr was arrested, 
tried, convicted and sentenced to death. The 
sentence was imposed in the winter of 1862- 
63. Pending the carrying out of the death 
penalty Marr was placed in a cell at the old 
county jail, having as companion one Abner 
Smith, who was awaiting death by hanging 
for the murder of a man named \'an Cleave 
at Santa Clara. Smith was a large, heavily- 
built man, wdiile Marr was small and thin. At 
the time E..H. Swarthout was the jailer, suc- 
ceeding Roohan, and when he assumed office 
a change was made in the jail arrangements. 
Instead of entering the murderers' cell by 
way of the door, he had a hole cut in. It was 
a1i(iut waist high, had a cover, and this cover 
was kept closed and locked when not in use. 
The cells were in a long tank with a corridor 
around it. The corridor had only one en- 
trance and that was by a door opening into 
the jailer's office. One evening a short time 
before supper "Wild Cat" and Smith, who had 
been planning to escape, made ready to put 
their plans into execution. The lock of the 
cover was broken, and "Wild Cat," assisted by 
Smith, managed to get through the hole into 
the corridor. Then Smith tried to follow 
"Wild Cat's" example, but on account of his 
size was compelled to give up the attempt. 
He could insert his head and one shoulder, 
but his physical bulk prevented further pro- 
gress. "It's no use," he groaned, "I can't 
make it, so get j'ourself out as quick as you 



106 



HISTORY OF SANTA CLARA COUNTY 



can and I'll stay here and take my medicine." 
"I'll have to, I reckon," returned "Wild Cat," 
"but I'm sorry to leave you. If I only had an 
hour in which to work, I could make that 
hole big enough to get you through." As he 
had only five minutes at his disposal he bade 
good-bye to Smith, closed the aperture and 
sought concealment at the further end of the 
tank. The jailer appeared on time, careless- 
ly leaving open the door of his office. "Wild 
Cat" was counting on this act and before 
Swarthout reached the cell door to discover 
what had been done, "Wild Cat" had slipped 
around the corner and gained the office. 
When the jailer found that "Wild Cat" had es- 
caped from the cell, he hurried to the office 
and out of the office into the street. The fugi- 
tive was not in sight. That night a search of 
the city was made by city and coudty officers, 
but no trace of the missing prisoner could be 
found. On April 2, 1863, "Wild Cat" was ar- 
rested in Stockton and brought back to San 
Jose. But he was never hanged. A petition 
for a new trial on the ground of newly discov- 
ered evidence was granted and eventually the 
sentence was changed from death to impris- 
onment for life. Ten years later the Governor 
issued a pardon and "Wild Cat" returned to 
San Jose. He died here many years ago. 
Smith, for his crime, died on the gallows. 

The last escape from the old jail occurred 
on the morning of February 15th, 1866, and 
was followed by a tragedy. Two Indians, 
under arrest for a murder committed in Santa 
Cruz County, overpowered W. H. Hendricks, 
the jailer, and after a desperate struggle suc- 
ceeded in obtaining the jailer's pistol. They 
then ran out of the jail and into Third Street. 
Hendricks quickly secured anotUci pistol and 
followed in pursuit. He came up with one ot 
the fugitives before he had gone a block and 
fired, wounding his man. A return shot 
pierced Hendricks' brain killing him instantly. 
The murderer ran along I'hird Street and con- 
cealed himself under an unfinished building. 
A crowd gathered around and a fusillade of 
shots were fired at the crouching murderer. 
He was soon dispatched. The partner of his 
crime and flight was afterward caught and 
hanged at Santa Cruz, May 22, 1866. 

The killing of William Cooper brought for 
a short time to the old county jail a man 
whose act created one of the great sensations 
of San Jose. The story of the killing hinged 
upon the actions of a girl in her teens. In 
the late sixties Blanche Dubois was a student 
at the San Jose Institute. She was a very 
pretty girl, tall, dark, slender and graceful, 
with languishing eyes and a sunny smile. She 
had many admirers and there was hardly a 



day when she was attending school that she 
was not seen walking with one or morg of 
them. After she left school for her father's 
ranch on the Monterey Road near the ceme- 
tery male callers reached such numbers that 
Orrin Dubois, the father, grew irritable and 
suspicious. At last the girl's admirers sim- 
mered down to one young man, William 
Cooper, an Englishman. He was about twen- 
ty-five years of age, well-educated and of 
pleasing address. He had been a Union sol- 
dier and had in his possession his discharge 
papers. He had resided in San Jose for about 
six months and being short of money had 
worked at odd times for Dubois, his last en- 
gagement ending January 24, 1868. The evi- 
dence showed that during the last two weeks 
of his stay at the Dubois ranch he had induced 
Blanche to consent to an elopement, promis- 
ing to take her to New York and marry her, 
as under the laws of California he could not 
do so here without the consent of her parents. 
It was claimed that the grandfather of the 
girl was a party to the secret arrangement 
and carried messages from one to the other. 

On Monday afternoon, January 27, Cooper 
called on Dr. Kline, an acquaintance, made a 
confident of him, said he expected trouble, 
as Dubois did not like him, and requested the 
loan of the Doctor's revolver. Kline refused 
to lend the weapon, but Cooper succeeded in 
borrowing a Derringer of Wesley Stevens, 
another acquaintance. In the meantime. Dr. 
Kline, from a sense of duty, communicated his 
knowledge to Police Officer Mitch Bellow and 
advised him to keep a watch on departing 
trains. Bellow immediately notified Dubois, 
and Blanche, under severe cross-questioning, 
admitted that Cooper was to come to the 
ranch house on a certain night, after the old 
folks were in bed and asleep, meet her and 
then proceed to carry out the arrangements 
for the elopement. She also said that she had 
agreed to leave the front door partly open and 
also that she had promised to gather all the 
money and jewelry she could lay hands on. 
Thus forewarned, Dubois watched for the in- 
truder the great part of Tuesday night. On 
Wednesday he came to town for the purpose 
of taking advice as to what he should do un- 
der the circumstances. He was aJvised to de- 
fend his premises, to treat Cooper as he would 
treat any marauder who should try to enter 
his house with felonious intent. On return- 
ing home, Dubois ordered Blanche to keep to 
her room after dark, for. he intended to meet 
Cooper and have it out with the fellow. Night 
came and the hours passed until it was close 
upon midnight. The house was still and Du- 
bois at the front door, which had been opened 
a few inches, waited, shotgun in hand, for 



HISTORY OF SANTA CLARA COUNTY 



107 



Cooper to appear. His vigilance was re- 
warded. At the appointed time Cooper came 
up the walk, and was about to mount the steps 
to the porch when the door was thrown open 
and the shotgun spoke. Both barrels were 
discharged and as Cooper settled down to the 
ground, Dubois closed and locked the door 
and came out again no more that night. Both 
shots had taken effect in the side and stomach. 
Though mortally wounded, Cooper dragged 
himself through the Dubois grounds until he 
reached the home of a rancher named Reeves, 
half a mile away. He died an hour later. The 
next day Dubois drove to town and surren- 
dered himself to the officers. Pending exam- 
ination he was confined for a short time in the 
old jail. The court proceeding resulted in his 
discharge. Blanche married a few years after 
the tragedy and left San Jose never to return. 
Shortly after the killing of Cooper, another 
man slayer was for a short time a cell occu- 
pant at the old jail. The man slain was Harry 
Love, alias "The Black Knight of the Sey- 
ante." He wa^ a man of immense frame and 
of unquestionable bravery. He commanded 
the company that dispersed the notorious rob- 
ber band of Joaquin Murietta, the last fight on 
the San Joaquin plains resulting in Murietta's 
death. Love's wife was a wealthy landowner 
and the family home was near Santa Clara. 
For a number of years she refused to live with 
her husband on account of his cruelty. He 
was, so it was said, in the habit of beating 
her when he could find her alone and unpro- 
tected. It was partly to guard against such 
attacks that she employed Christian Elverson 
to work on the ranch and live in the house. 
Love spent most of his time in Santa Cruz 
County, leading a sort of a hermit's life and 
visiting his wife occasionally. He conceived 
a strong aversion to Elverson, pretending 
jealousy, which was wholly groundless, for 
Mrs. Love at that time was over seventy 
years of age. Finally Love ordered Elverson 
to leave the place, threatening to kill him if 
he stayed on. Mrs. Love earnestly urged him 
to stay and Elverson promised not to leave, 
but prudently armed himself. On the day of 
the shooting — it was in July, 1868 — Mrs. Love 
went to San Jose to transact some business. 
She was accompanied by Elverson. Love, 
who had been staying in San Jose for a week 
or so, saw them together and immediately 
hurried to his wife's house and there armed 
himself with a double-barreled shotgun, a re- 
volver and a bowie knife. A step-daughter 
and a carpenter employed in repairing the 
house were the only persons at home when he 
arrrived there. He went out of the house 
with his weapons, locked the front gate and 



took a position behind the fence to await the 
return of his wife and Elverson, swearing that 
if Elverson attempted to enter the premises 
he would kill him. The daughter, fearing 
danger to her mother, went into the road and 
when the carriage approached, motioned it 
back. Elverson, misinterpreting the girl's 
gestures, only approached the more rapidly. 
When within about seventy-five yards of the 
gate, Love discharged one barrel of his gun, 
a shot striking Mrs. Love. Elverson at once 
comprehended the situation. Leaping from 
the carriage he drew his revolver, and moved 
rapidly by side steps, upon the enemy, who 
was still crouched behind the fence and pro- 
tected by the gate post. When Elverson had 
come within a short distance of the fence, 
Love discharged the other barrel of his shot 
gun, a number of shots striking Elverson in 
the face and causing the blood to flow freely. 
But perfectly cool and undaunted. Elverson 
kept on his course, exchanging shot for shot 
until a bullet from Love's revolver disabled 
his right arm. Shitting his pistol to his left 
hand he rushed up boldly to the fence and 
sent a bullet through Love's right shoulder. 
Love, having exhausted his shots, immediate- 
ly took to his heels, shouting "murder," with 
Elverson in close pursuit. When near the 
house Elverson overtook Love and felled him 
with a blow from the butt end ul the pistol. 
He was about to finish his work when the 
carpenter interfered. Love died shortly after- 
ward from the effects of an amputation of the 
shattered arm. Elverson was arrested, and 
confined in the old jail pending the prelimin- 
ary examination. At this proceeding the 
judge found that the killing was justifiable 
and Elverson was discharged. 

Old Residential Landmarks 

Another old and very attractive landmark 
was the home place of General Henry M. 
Naglee. It comprised 140 acres and extended 
from Tenth Street to the Coyote on the east 
and from Santa Clara Street to William Street 
on the south. The house was considered in 
early days to be one of the finest in San Jose. 
It occupied a position near the centre of the 
grounds and was surrounded by choice flow- 
ers, shrubbery and ornamental trees. It is 
still standing at the northwest corner of Four- 
teenth and San Fernando Streets. There was 
a perfect forest of trees on that part of the 
grounds not devoted to the culture of grapes. 
From these grapes brandy was made and the 
fame of Naglee's brandy was world wide. The 
General was a veteran of the Civil War. He 
commanded a brigade under McClellan, and 
served with gallantry and ability throughout 



108 



HISTORY OF SANTA CLARA COUNTY 



the Peninsular Campaign. He resigned from 
the army shortlj' after McClellan's removal, 
because he held that his chief had been unjust- 
ly treated. When the avenue was extended 
from the Santa Clara Street bridge through 
East San Jose to the junction with the Mt. 
Hamilton road. General Naglee planted pine 
trees on both sides of the avenue for its en- 
tire distance and otherwise greatly assisted in 
the improvement of the roadway. In honor 
of his services the extension of the avenue was 
called for many years Naglee Avenue. Some 
years after his death, the heirs concluded to 
cut up and sell the property. The business 
was placed in the hands of Thomas S. Mont- 
gomery, now president of the Garden City 
Bank and Trust Company, and in 1907 the 
work was started. Today the immense tract 
of land is covered with pretty and costly bun- 
galows, paved streets and sidewalks and love- 
ly gardens, making it one of the finest resi- 
dence spots in Central California. 

Still another old landmark was the Hensley 
property, on North First Street. It extended 
from the Southern Pacific tracks to Empire 
street on the north and from First to Fourth 
on the east. The house was large, roomy 
and built in the old southern style, while the 
ornamentation of the grounds made the place 



one of the beauty spots in San Jose. Major 
Hensley was a '49er and died in 1865, highly 
respected for his integrity and public-spirited- 
ness. In 1886 the old home was removed 
and the estate subdivided and placed on 
the market, T. S. Montgomer}^ handling the 
sales. Today there are new streets and hand- 
some residences where once was one large 
garden and a touch of the primitive. 

In 1887 the old homestead property of 
Josiah Belden on First Street near Empire 
was purchased by the Hotel Vendome com- 
pany. This sale marked the pass..ng of anoth- 
er old landmark. The property comprised 
eleven acres and was planted as a park. The 
house, or mansion, was one of the few costh- 
edifices erected in the early fifties. Josiah 
Belden was a '49er and long before the sale to 
the X'endome company he went east with his 
family, became a New York banker and died 
a multi-millionaire. The Belden property, 
then owned by C. H. Maddox, was sold for 
$60,000, and a' hotel building, .costly $250,000 
was speedily erected. The original board of 
directors of the Vendome company were J. B. 
Randal, W. S. Thorne, J. S. Potts, L. Lion, 
C. W. Breyfogle, A. McDonald. T. S. Mont- 
gomerv, F. H. Maburv, and G. Lion. 



CHAPTER VIII. 

Newspapers in the Early Days — J. J. Owens' Sad Experience — Chas. M. 
Shortridge — E. A. and J. O. Hayes — W. Frank Stewart — Mark Twain's 
Lecture — The Rise of H. C. Hansbrough — Edwin Markham's Venture — 
Alex P. Murgotten — H. A. De Lacy — The Peril of Major Foote — Elliott 
the Adventurer — Kelly and the Grizzly 



Since the early days San Jose has had many 
newspapers ; each started to fill "a long-felt 
want," and each in its honest, able way, carry- 
ing out, as far as was possible, the laudable 
resolve. In 1850 was published the State 
Journal. The proprietor was James B. Devoe 
and it was discontinued on the adjournment 
of the legislature in 1851. In January, 1857, 
came the San Jose Daily Argus. It lasted dur- 
ing the senatorial campaign and was used to 
promote the candidacy of John C. Fremont. 

The first permanent newspaper of the city 
was the San Jose Weekly Visitor. It was 
started June 20, 1851, by Emerson, Damon 
and Jones. At first it was Whig, but went 
over to the Democracy in October. In Au- 
gust, 1852, its name was changed to the Reg- 



ister and was published by Givins George and 
T. C. Emerson with F. B. ]Murdoch as editor. 
In 185.3 Murdoch obtained control of the paper 
and the name was again changed to the San 
Jose Telegraph. In 1860 the Telegraph went 
into the hands of W. N. Slocum, brother of 
Gen. H. \\'. Slocum, who commanded one 
wing of Sherman's army during the march 
"from Atlanta to the Sea." In 1861 another 
change of name was made when the paper 
passed into the hands of J. J. Owen and B. H. 
Cottle. 

The Daily Mercury was started in connec- 
tion with the weekly paper of that name, but 
was discontinued in 1862. In 1869 J. J. Con- 
my, who had come down from Shasta County, 
was admitted into the firm and in August of 



HISTORY OF SANTA CLARA COUNTY 



109 



that year the puljlication of the daily was re- 
sumed. Mr. Conniy retired from the firm this 
year. In 1871 Cottle sold out his interest to 
Owen. In 1872, Owen, having purchased the 
Dail}' Guide, again resumed the publication of 
the Daily Mercury in connection with the 
weekly. Soon after Cottle bought a half in- 
terest in both papers, but again sold to Owen 
in 1874. In 1877 it was incorporated under 
the style of the Mercury Printing and Pub- 
lishing Company, Mr. Owen holding the ma- 
jority of the stock. In 18&4- he sold his inter- 
est to Charles M. Shortridge, proprietor of the 
Daily Times and the name of the paper was 
changed to the Times-Mercury. In 1885 F. A. 
Taylor entered into negotiations for the pur- 
chase of the paper, but the sale was not con- 
summated. In the meantime the name was 
changed back to the Daily ]\lercury. At this 
time it absorbed the Daily Republic. In 1878 
Shortridge sold his interest to a local syndi- 
cate, with Clarence M. Wooster as manager. 
Soon afterward the paper became the prop- 
erty of Alfred Holman, present editor of the 
San Francisco Argonaut, and after two years 
of ownership Holman sold to E. A. and J. O. 
Hayes, who have since controlled the paper. 

J. J. Owen was one of the striking figures 
in San Jose journalism. He was a man among 
men, generous, broad-minded and scrupulous- 
ly honest. His editorials were never long nor 
labored, but each went to the root of the cho- 
sen subject in such a graceful, charming way 
as to make the editorial column one always to 
be eagerly read. He was a poet as well as a 
prose writer and in his poems his gentle phil- 
osophy found adequate expression. As a writer 
of pertinent paragraphs and sermonettes he 
was unsurpassed in his day and a volume of 
tabloid essays published in the seventies found 
ready sale. Copies may still be found in the 
libraries of old-time residents. 

In Owen's time the "intelligent compositor" 
was conspicuously in evidence. That he sur- 
vived the imprecations showered upon his 
"devoted head" must be accounted for by the 
fact that his head was hard though his sense 
of humor was keen. Once Owen, coming in 
contact with the "I. C," had a rush of blood to 
the head that in the case of a man afflicted 
with hardening of the arteries would have 
caused the formation of a blood clot in his 
brain and consequent paralysis. The instance 
which will be here recorded had its incep- 
tion during the legislative career of the 
veteran editor. It was about fifty years 
ago that Owen was elected a member of 
the California Assembly. Nearly all the 
time of the session was taken up in the 
consideration of a prison jute mill scan- 
dal, the board of managers having been 



charged with all sorts of crookedness in the 
management of the mill. Owen presented the 
bill calling for an investigation and after its 
adoption a committee was appointed to hear 
the evidence and make a report. During the 
debate Owen's speaking talent was ablv and 
courageously displayed. He was among the 
foremost in denouncing the managers and 
when the committee, at the end of the session, 
handed in a report whitewashing the accused 
officials, Owen's indignation knew no bounds. 
He was at white heat over what he termed 
was a travesty of justice when he returned to 
his editorial duties in San Jose. Almost his 
first act on reaching his desk was to write an 
editorial on the jute mill scandal in which he 
expressed in forcible language his opinion of 
the legislators who had given the prison man- 
agers a clean bill of moral health. The article 
was headed "There is no balm in Gilead." 

After writing the editorial ( )wen went home, 
leaving the proof reading in the hands of the 
foreman of the composing room. Next morn- 
ing he picked up a copy of his paper and pre- 
pared to read what cold type had made of his 
caustic criticism. The first glance at his mas- 
terpiece sent the blood to his head and made 
him rise up on his hind legs and howl, for 
the heading was not "There is no balm in 
Gilead," but "There is no barn in Gilroy." 

As far as the historian can remember Owen 
had but one scrap with an outsider. In the 
early days personalities were largely indulged 
in. When an offending head stuck up the rule 
was to hit it. Perhaps the dearth of local 
news was the cause of editorial bellicoseness, 
but it was not often that a person assailed by 
a newspaper editor would adopt drastic meth- 
ods in dealing with his assailant. But once in 
a while the victim of an editor's attack would 
attempt retaliation by means of personal en- 
counter. Some time in the '70s Owen assailed 
Alontgomery Maze, since deceased. Maze was 
a searcher of records and his assistant was 
Mitch Phillips, the capitalist, who died in 
1918. Maze, who was stockily built and very 
pugnacious, met Owen at the northwest cor- 
ner of Santa Clara and Market streets. They 
did not pass the time of day but they did pass 
the lie and then Maze sailed in to make mince 
meat out of the veteran editor. Owen's cane 
parried the initial blow and Alaze stopped sur- 
prised but not daunted. He made another 
rush and landed on Owen's nose. Encouraged 
by his success he tried a left hander, missed 
the mark and allowed the cane to accomplish 
its head-aching work. From that time on it 
was cane and fist, the cane doing the greater 
punishment. Bystanders interfered when the 
fight was at its hottest. Both combatants 



110 



HISTORY OF SANTA CLARA COUNTY 



were good sports and friendly relations were 
soon established. 

While Charles M. Shortridge was publish- 
ing the Daily Times, a report of the proceed- 
ings of a Democratic County Convention made 
slurring reference to the speech of one of the 
candidates for office. The candidate was a 
Kentuckian who possessed a fiery dsposition. 
The report made him see red. He hastened to 
the Times office and found Shortridge alone. 
With the words, "I am going to punch your 
head," he made a mad bull rush. The first 
blow tumbled Shortridge from the high stool 
on which he had been sitting. In attempting 
to pursue his advantage the Kentuckian got 
tangled up in the rounds of the stool and while 
he was trying to extricate his long legs Short- 
ridge arose and began to use his fists. A 
rough and tumble fight ensued. There was one 
chair in the room and during the struggle it 
was wrecked as was also the stool. Some- 
times the Kentuckian would have the advan- 
tage, sometimes the advantage would be with 
Shortridge. They fought all over the room 
and at last stopped from exhaustion. As they 
lay panting on the floor, with bleeding faces 
and half-closed eyes, a printer looked in. He 
gazed in surprise at the wreck and the pros- 
trate fighters and then said, "An earthquake? 
Strange I didn't feel it when I was outside." 
"It wasn't an earthquake," grunted Short- 
ridge, "It was a Kentucky cyclone." The fight 
did not settle the differences between the two 
men. The feud remained though there were 
no further warlike demonstrations. 

After a few years as collector Charles M. 
Shortridge went into the real estate business. 
After a time he succeeded in obtaining suffi- 
cient financial backing to enable him to pur- 
chase the Daily Times, paying $5,500 for busi- 
ness and plant. This was in 1883 when he was 
twenty-seven years old. He was, in truth, the 
architect of his own fortunes. Soon after he 
came to California he hired out to the San 
Jose Gas Company as a lamplighter so as to 
obtain money to carry him through the public 
schools. Having graduated with honor he se- 
cured a position on the Mercury as errand boy 
to be advanced soon to the position of col- 
lector. In 1884 he secured control of the stock 
of the Mercury Printing and Publishing Com- 
pany and in less than two years from the day 
he walked out of the office a poor boy, he 
walked back as a proprietor. He combined 
the Times and Mercury and proceeded to 
make the new journal twice as good as either 
of them was before. In the early '90s he be- 
came the lessee and manager of the San Fran- 
cisco Call, a position he retained for several 
years. Afterward he stutHed law, opened an 



office in San Jose, combining this profession 
with that of newspaper proprietor, having res- 
urrected the Daily Times. He gave up pub- 
lishing after an unfortunate experience of a 
year or so to give his whole attention to the 
law. He was engaged in the practice of his 
profession in Oakland when he died a few 
years ago. 

The semi-weekly Tribune was issued by 
Givins George July 4, 1854. In 1855 it was 
published by George &: Kendall and in 1859 it 
was sold to George O'Daugherty. In 1862 it 
was suppressed for eight months by order of 
General Wright. In 1863 it was purchased by 
F. B. Murdoch, who changed the name to the 
Patriot. The paper was a weekly. In 1865 
Murdock commenced the publication of the 
Daily Patriot. In 1875 he sold out to S. J. 
Hinds and J. G. Murdock. In 1876 it was pur- 
chased by the IMurphys and the name changed 
to the San Jose Daily Herald. In 1878 it pur- 
chased and absorbed the San Jose Argus. In 
October, I884, the Herald was bought by a 
joint stock company. H. H. Main was presi- 
dent, W. C. Morrow, secretary, and J. F. 
Thompson, treasurer. Main and Thompson 
are dead. Morrow is a resident of San Fran- 
cisco engaged in literary work. As a teacher 
of the art of short story writing he has ac- 
quired a national reputation. While engaged 
in newspaper work he wrote several high- 
class novels and many charming short stories. 
He has a keen, analytical mind and his style 
has the clearness and finish of a master crafts- 
man. He was and is a literary artist, and 
nothing ever leaves his hands that is not pure 
English, charmingly expressed. After he left 
San Jose, the Herald was conducted by Main 
and Thompson until it was sold to Charles M. 
Shortridge. In 1900 the paper was purchased 
by E. A. and J. O. Hayes and publication was 
continued until it was absorbed by the San 
Jose Mercury. The name of the Mercury was 
then changed to the Mercury-Herald. The 
Hayes brothers are lawyers and mine-owners 
and have at Edenvale, six miles south of San 
Jose, on the Monterey Road, one of the 
costliest and handsomest residences in Cali- 
fornia. The grounds cover many acres 
with a wealth of flowers, shrubbery and 
trees. E. A. Hayes Avas a member of Con- 
gress for several terms, serving his dis- 
trict with marked ability. J. O. Hayes has 
never held public office, although he has been 
several times a candidate for governor. Under 
the progressive management of the Hayes 
brothers the Mercury-Herald has attained the 
largest circulation of any paper, outside of San 
Francisco and Oakland, in Central California. 
It has ever worked for the best interests of the 



HISTORY OF SANTA CLARA COUNTY 



community and its influence has been far- 
reaching and strong. E. K. Johnston is the 
managing editor and his abihty and business 
acumen have been marked factors in the pa- 
per's success. 

The San Jose Daily Reporter came into ex- 
istence in 1860. W. Frank Stewart was the 
publisher. It was soon changed to a weekly 
and was discontinued after a few weeks' ex- 
istence. Stewart was a Kentuckian and was 
in Nevada when Mark Twain was doing repor- 
torial work on the Virginia City Enterprise. 
Late in 1866 Mark returned from the Ha- 
waiian Islands and having no newspaper en- 
gagement in sight, he wrote a lecture on the 
islands and prepared to make a tour of the 
Pacific Coast for the purpose of putting some 
much-needed money in his pocket. San Jose 
was selected as the place for "trying it on the 
dog." When Mark landed in town he hunted 
up Stewart, who was then the proprietor of a 
little saloon in a shaky, one-story building on 
a lot on First Street near Fountain Alley. 
Twain found the place and soon enlisted Stew- 
art's enthusiastic cooperation. The saloon 
was a popular loafing place and Mark spent 
much time there listening to Stewart's views 
on his latest fad, "How earthquakes are pro- 
duced." Stewart had a queer theory about 
earthquakes and many lectures on the subject 
were delivered in Music Hall while Stewart 
was a resident of San Jose. In his saloon he 
had an earthquake indicator of his own inven- 
tion, the points of which he explained to the 
Nevada humorist, much to the latter's inter- 
est and amusement. 

Through the good work done by Stewart 
and his friends Mark was enabled to lecture 
to a paying house and he left San Jose pro- 
fuse in expressions of gratitude for the kind- 
ness displayed by his old Nevada friend. A 
few months later Mark was in Bufifalo, N. Y., 
doing humorous work for the Express. Clip- 
pings from his writings were made weekly by 
the San Francisco Alta to be eagerly read by 
Mark Twain's many admirers in San Jose. At 
this time no one hailed the arrival of the Alta 
more joyously than Frank Stewart. He was 
heard frequently to say that Mark was des- 
tined to become one of the great writers of the 
age. But one day there came a change. 
Stewart's face grew longer and harder. His 
eyes flashed with rage and when he found 
voice to express his feelings it was to pour 
forth the bitterest, most caustic and damna- 
tory language that ever fell from human lips. 
Mark Twain was an ingrate, a coward and a 
cur. He was — well, he was everything an 
honest man should not be. 



The cause of Stewart's rage was an article 
in the Buffalo Express which said in effect 
that out in San Jose, California, there lived a 
fellow named Stewart, who had an aged 
mother on whom he was depending for sup- 
port, and who passed as the proprietor of a 
ramshackle groggery, where, between drinks, 
he expatiated on earthquakes, a subject of 
which he knew little and talked much. The 
article further stated that whenever a pig 
came along and scratched his back against the 
front of the 'building there would come a shake 
that would be promptly registered and as 
promptly telegraphed all over the Pacific 
Coast. 

When his wrath had cooled sufficiently for 
him to use a pen Stewart sat down and wrote 
Mark a letter, which, if it could be found and 
published, would prove one of the richest 
things in American literature. He figuratively 
roasted Mark alive. An answer was not ex- 
pected, but it came, nevertheless, in the shape 
of an abject apology. Stewart, with great 
gusto, read the apology to his friends. Mark, 
in his letter, disclaimed any intent to slander 
the philosopher and said his only idea was to 
have a little harmless fun. To show that he 
was sincere he asked Stewart to forward a 
book of the philosopher's poems, recently pub- 
lished, promising to review it in a satisfactory 
manner. The book was sent, a flattering re- 
view was given and the breach between Mark 
Twain and Stewart was healed. 

The Daily and Weekly Courier was started 
in 1865 by Geo. O. Tiffany. It lasted but a few 
months. 

The Santa Clara Argus, as a weekly, com- 
menced publication in 1866. In 1876 the Daily 
Argus was issued and ran until 1878, when it 
was sold to the Herald. W. A. January was 
the editor and proprietor of the Argus. He 
was a Kentuckian and a gentleman of theold 
school. There was not a mean bone in that 
tall, slim body of his. Everybody was his 
friend and when he passed away from earth, 
a nonogenarian, San Jose lost a valuable citi- 
zen. Before coming to San Jose he lived in 
Placerville, where he was associated with Dan 
Gelwicks in the publication of the Mountain 
Democrat. It was while he was a newspaper 
publisher in San Jose that he was elected to 
public office. He was a very popular official 
and the Republicans after a time ceased to put 
up any candidate against him. He was county 
treasurer and state treasurer and in his last 
years tax collector of Santa Clara County and 
always the same genial, courteous and faithful 
servant of the public. 



112 



HISTORY OF SANTA CLARA COUNTY 



C. Leavitt (Britt) Yates published The Sat- 
urday Advertiser from August 11, 1866 to 
February 19, 1869. 

The Daily Independent was started May 7, 
1870 by a company of printers. It was the first 
paper in San Jose to receive news by tele- 
graph. In December. 1870, it was purchased 
1)V Norman Porter, who, in turn, sold it to the 
Guide in 1871. 

The Daily Guide was started by Phil Stock- 
ton and H. C. Hansbrough in February, 1871. 
Hansbrough sold out his interest to Stockton 
that same year. Major Horace S. Foote, who 
wrote "Pen Pictures from the Garden of the 
World," a work that has been largely drawn 
upon in the writing of this history, was the 
editor of the Guide and before the Guide 
started, was the editor of the Independent. 
As a writer he is clever, humorous and inci- 
sive and local journalism was the sufferer 
when he dropped the pen to become the finan- 
cial expert of the board of supervisors. In 
January, 1872, Porter took the Guide and sold 
it to J. J. Owen, who merged it into the Daily 
Mercury. 

The history of Henry C. Hansbrough of the 
Guide is an interesting one. Before becoming 
a newspaper owner he was a printer and did 
his first work in the Patriot office. After a 
few years' residence in San Jose he went to 
San Francisco. He was a Chronicle compos- 
itor until promoted to the telegraph editor's 
desk. It was while he was a resident of the 
Bay City that the Anti-Chinese agitation 
reached a ferment. Dennis Kearney was 
shouting, "the Chinese must go," and the 
Mongolians and their business allies among 
the whites were in a terror-stricken mood. All 
the while the sentiment in the eastern and 
middle western states was distinctly pro- 
Chinese. To take advantage of the situation 
three enterprising young men — Chester H. 
Hull, city editor of the Chronicle and self- 
styled "The Monumental Liar of America" ; 
Sam Davis, the Nevada humorist and brother 
of Robert H. Davis, present managing editor 
of the Frank A. Munsey publications ; and 
H. C. Hansbrough, resolved to procure an ed- 
ucated Chinese and take him east on a lectur- 
ing tour. Hull was to write the .speech, Davis 
was to finance the undertaking (it was re- 
ported at the time that he could get $3,000 
from John Mackey, the bonanza king) and 
Hansbrough was to act as business manager. 
But the days passed and no Chinese intelli- 
gent and foxy enough to fill the bill could be 
secured. At this juncture Hull, himself, of- 
fered to do the lecture part by making up as a 
Chinese. Whether the other partners ever se- 
riously considered the offer is not known. 



But there were frequent wranglings which 
ended by a dissolution of copartnership. Da- 
vis returned to the sage brush and Hull went 
back to his desk to perpetrate another of the 
hoaxes which had made him notorious 
throughout the Pacific states. But Hans- 
brough stuck to his guns. He enlisted the in- 
terest and cooperation of Rev. Otis Gibson, 
superintendent of the Methodist Mission in 
San Francisco, and a Chinese interpreter in 
the person of Chan Pak Kwai, was secured. 
The Chinese was good-looking, as sharp as a 
steel trap and had an excellent command of 
the English language. He had lived for a time 
in San Jose and was well known to all the 
court officials. When all arrangements had 
been made and Chan Pak Kwai had been 
properly trained, Hansbrough and his mascot 
left for the east. Lectures were delivered in 
Iowa and Illinois and Chan Pak Kwai was 
feted everywhere by the warm-hearted people 
of the middle west. At last the interest waned 
and manager and performer separated, the 
Chinese to return to San Francisco and Hans- 
brough "to seek fields and pastures new." In 
Devil's Lake, Dakota, he established a news- 
jiaper and after a time became postmaster and 
interested himself in politics. When Dakota 
was divided to become two states, Hans- 
brough was chosen one of the United States 
Senators for the northern division. He held 
office for eighteen years. 

The Daih^ Press was published for a few 
weeks during 1882 by J. J. Conmy. 

The Reporter was started bv present Under- 
Sheriff Hugh A. DeLacy, in' April, 1872. It 
lasted until August. 

The California Agriculturist, Brand & Hol- 
loway, proprietors, came into existence in 
1871. S. H. Herring purchased it in 1874 and 
after running it for a few years sold it to the 
Pacific Rural Press, of San Francisco. 

The Daily Evening Tribune was published 
during the 1872 presidential campaign by 
Clevenger & Armstrong. E. T. Sawyer was 
the editor. The paper opposed Grant and 
supported Greeley. 

The Daily Independent Californian, pub- 
lished by S. H. Herring and Ben Casey, held 
the fort during the local option campaign 
of 1874. 

The Daily Garden City Times was started 
by Edwin Markham, S. H. Herring, Perry- 
man Page and E. T. Sawyer in 1874. It had 
the telegraph dispatches and for a while the 
future looked bright. Markham, who after- 
ward became famous as the author of "The 
-Man With the Hoe," "Lincoln and Other 
Poems," "The Shoes of Happiness," and who 
is now an opulent resident of West New 



i 



HISTORY OF SANTA CLARA COUNTY 



113 



Brighton, N. Y., was a young man then, whis- 
kerless and thin, black-eyed, eager and im- 
petuous. Herring was the pubhsher of a 
weekly agricultural paper and an entertaining 
writer on practical subjects. Page was a 
printer who had studied for the ministry. He 
lent the moral support to the undertaking, 
while the other partners furnished the brains — 
such as they were. On the start there was no 
business manager, for it had not occurred to 
these innocents that an attache of that sort 
was necessary for the success of a newspaper 
project. The quartet fondly imagined that the 
mere announcement of the publication would 
be followed by such a rush of business men 
to the office as would necessitate the employ- 
ment of a score of clerks to attend to their re- 
quirements. Besides, of what use would be a 
business manager — a man to drum up adver- 
tisements for immediate pecuniary needs — 
when an "angel" had been secured, one whose 
purse was large and whose promises were all 
that could be desired. The "angel" was Ben 
Casey, an elderly rancher living on the Los 
Gatos road. He had one hobby and how it 
ruined the prospects of the paper will pres- 
ently appear. 

The Garden City Times was a success from 
the start. Markham was the literary editor 
and assisted in the reporting, and his faculty 
of throwing a glamor of romance over the 
most trivial local subject, even though it 
chanced to be the erection of a chicken coop 
or the reception of a watermelon from an ad- 
miring subscriber, gave such interest to the 
local department that his salary was advancea 
after the first week. E. T. Sawyer was the 
city and managing editor and his principal du- 
ties consisted in consigning to the waste bas- 
ket such editorials as in his opinion were not 
in keeping with the conservative polic)^ of the 
paper. These proceedings were looked upon 
as high-handed by Mr. Herring and after a 
week of them he threw up his job in disgust 
and presented his interest in the paper to the 
other partners. 

About this time an advertisement of a sa- 
loon was handed in and inserted. It caught 
the eagle eye of Casey and there came a quick 
and imperative demand for its withdrawal.. A 
council of war was held. It was realized by 
the three partners that a crisis had been 
reached. To take out the advertisement 
would mean that in future The Garden City 
Times would not be a paper for all classes, 
but one lined up on the side of temperance at 
a time when the question was not being exten- 
sively agitated. The partners were young and 
full of confidence. They felt they could do 
without Casey's money. So the advertise- 



ment stayed and Casey went out. This action 
took place on the second day of the second 
week of publication. The news spread. With- 
in twenty-four hours every man who had a 
bill against the paper presented it with the 
abrupt request for immediate payment. Forced 
to the wall, the partners paid out all the avail- 
able cash, hoping that the worst was over. 
But they were mistaken, for the next move 
came from the printers. They wanted assur- 
ance that they would be paid at the end of the 
week or they would leave in a body. Now 
optimism was followed by pessimism and the 
falling in spirits affected the tone of the paper. 
Markham, instead of scurrying about town 
with a smiling face, dawdled listlessly in the 
editorial room and used the scissors in turn- 
ing out copy. Former editorials, bracketed 
"by request" at the top were reprinted, while 
Page, in the composing room, resisted a strong 
temptation to swear. The inevitable was ap- 
proaching. Despite a favorable public opin- 
ion, the promises of enthusiastic friends and 
the important fact that the paper had come 
into existence to fill "long felt want," there 
was a conspicuous and lamentable lack of the 
silvery sinews of war. After eleven days of 
experience the partners stopped publication. 
Then they collected all the bills due for adver- 
tising, paid off the printers and walked to St. 
James Park. Seated on a bench in a shady 
spot they divided $27 into three equal parts, 
pocketed each his share and talked of emi- 
grating to the South Sea Islands. 

The Daily and Weekly Advertiser was pub- 
lished by B. H. Cottle from May to December, 
1875. The Weekly Balance Sheet, a commer- 
cial paper, was started by H. S. Foote in Feb- 
ruary, 1876. It was discontinued the next 
year. The California Journal of Education 
was run for four weeks in 1876. George Ham- 
ilton was the publisher. The Temperance 
Champion was published by A. P. Murgotten 
in 1876. It was discontinued the next year. 

The Pioneer, devoted to the interests of the 
men of '49 and the early '50s, was started by 
A. P. Murgotten in 1876. It was discontinued 
in 1881. Mr. Murgotten was well fitted for the 
task of placing on record the experiences of 
the California pioneers. He came to the coast 
in the early days and for many years lived in 
Placerville, coming to San Jose in 1866 with 
his brother-in-law, W. A. January, to assist in 
the publication of the Argus. He has the honor 
of being the dean of the newspaper guild of 
California, his experience covering fifty-five 
years, beginning with "devil" and ending with 
editor. He is a fluent, graceful writer, with a 
clean, conscientious sense of duty. He holds 
the belt as correspondent, having been the 



114 



HISTORY OF SANTA CLARA COUNTY 



first to represent in San Jose the following San 
Francisco papers : The Alta, Examiner, Chron- 
icle and Call. During the famous Normal 
School investigation he sent to the Call regu- 
lar reports of the proceedings of the legisla- 
tive committee, his copy averaging 5,00U 
words daily. As the reports were taken in 
long hand it will be seen that Mr. Murgotten 
had use for every minute of his time. After 
serving as reporter for the Argus (weekly and 
daily) he started in business for himself, in 
turn publishing the Temperance Champion, 
The Pioneer and a paper devoted to the inter- 
ests of the Elks. It was on The Pioneer that 
his best, most valuable work was done. The 
paper was the first of its kind to be published 
in the state and its great historical value was 
at once recognized and appreciated. In these 
later days Mr. Murgotten is best known as a 
public-spirited citizen, one always to the fore 
when projects for the betterment of social 
conditions are under consideration or are on 
their way to fruition. 

The Headlight, an evening daily, was 
started by a company of printers in 1879. Its 
name was afterward changed to the Record, 
l)ut after a short time it retired from the field. 

The Daily Morning Times first saw the 
light in 1879. The proprietors were S. W. De 
Lacy, F. B. Murdoch, J. G. IMurdoch and F. 
W. Murdoch. In January, 1880. Mr. DeLacy 
became the sole proprietor. It was a success- 
ful venture. Mr. DeLacy's aim was to present 
a paper, which in its treatment of local events, 
should be equally readable and reliable ; in 
general, the implacable foe of wrong, the in- 
flexible champion of right, independent at all 
times and always fearless in expression of , 
opinion. But while success was his, he con- 
ceived the idea that a daily newspaper founded 
and conducted on the principles of the Times 
would flourish in San Francisco. Accordingly 
on September 6, 1883, he sold his paper to 
C. M. Shortridge and went to San Francisco. 
There in 1884 he joined forces with James H. 
Barry and together they began publication of 
the Daily Evening Star. After a few months 
of battling against odds the Star suspended. 
Mr. De Lacy shortly afterward returned an 
San Jose and after a short experience in jour- 
nalism went to Tacoma, Wash., where for 
over twent)' years and until his death he 
served as deputy collector of customs. When 
in harness he was in his element when expos- 
ing local abuses. He was scrupulously hon- 
est, a loj'al friend and a generous enemy. Al- 
fred Cridge was editorial writer for De Lacy. 
He was a short, roly-poly sort of man, gentle 
and self-eflfacing. He reveled in hard facts 
and dry statistics and his collection of clip- 



pings overran his large cabinet of pigeon 
holes. Before his arrival in San Jose he had 
served the Government as a detective. Dur- 
ing the Civil War he was one of the assistants 
of Col. L. C. Baker, through whose agency 
John Wilkes Booth, the slayer of Lincoln, 
was located and killed. 

The Daily Evening News was started and 
did business during the campaign of 1882. 
W. D. Haley was the editor. 

In 1883 H. A. DeLacy, present under' 
sheriff of Santa Clara County, established the 
City Item. Its name was changed in 1885 to 
the Evening News, a name it still bears. Mr. 
De Lacy came to California in 1862 and went 
at work as an engineer at the New Almaden 
mines. In 1865 he came to San Jose and was 
engaged for several years in the business of 
carpenter and contractor. In 1870 he was ap- 
pointed deputy sheriff and soon developed 
great skill as a detective ofificer. When his 
term expired he was elected constable of the 
township. In 1872 he published The Reporter, 
but discontinued it in order to devote all his 
time to his official business. In 1874 he was 
for several months the lessee and manager of 
the San Jose Opera House. In 1883 he started 
the City Item and the success of the venture 
was so pronounced that he took in the late 
Chas. W. Williams as a partner. It was a 
strong combination and the effect was imme- 
diately apparent. The business rapidly in- 
creased and the paper has been enlarged many 
times during the thirty-five years of its exist- 
ence. In the early '90s Mr. De Lacy sold out 
his interest, having been elected San Jose's 
chief of police. In that office Mr. De Lacy 
made a record that any man might be proud 
of. He was both honest and resolute in the 
performance of his duties, and he soon made 
his name a terror to evil doers. At the expira- 
tion of his term he engaged in business, serv- 
ing for several years as business manager of 
the Daily Mercurj-. In 1910 he was appointed 
under sheriff, but resigned after three years' 
service. In the 1918 election a new sheriff, 
George Lyle, was elected and his first official 
act was to appoint Mr. De Lacy under sheriff, 
a position he still holds. He is considered one 
of the most competent and reliable officials 
Santa Clara ever possessed. 

Chas. W. Williams continued as sole pro- 
prietor of the Evening News until 1917, when 
ill-health compelled his retirement from the 
arduous work of the office. He sold his plant 
and business to H. L. Baggerly, for many 
years sporting editor of the San Francisco 
Bulletin. Mr. Baggerly is a live wire and the 
News, under his management, has more than 
quadrupled in circulation. The editor is R. L. 



HISTORY OF SANTA CLARA COUNTY 



115 



Burgess, whose writings have in a few years 
given him a national reputation. 

The Santa Clara Valley, a monthly journal 
devoted to the horticultural and viticultural 
interests of the community and the exploita- 
tion of the resources of the county, was started 
by Maj. Horace S. Foote in 1884. In 1886 he 
sold out the paper to H. A. Brainerd, who 
added to its name The Pacific Tree and Vine, 
thus enlarging its sphere of usefulness. Brai- 
nerd continued the publication until his death 
about twenty years ago. 

It was while Major Foote was engaged in 
newspaper work that he had an adventure that 
he will never forget. In the '60s Charley 
Barr, an Englishman, kept a saloon on First 
Street opposite El Dorado. The place was 
patronized largely by Cornishmen from the 
New Almaden and Guadalupe quicksilver 
mines. The rear of the saloon was arranged 
like an English tap room with fireplace, man- 
tel, pipes and tobacco and tables for drinking 
and playing cards. The miners used to flock 
in every Saturday afternoon and usually they 
were quiet and inoffensive. But on one Satur- 
day something happened that made them boil 
with rage. The something was a write-up in 
the Independent. The writer was Major Foote 
and he had made a sensation out of a flying 
rumor of a ghostly visitation. The rumor ran 
that for some time the old Chapman quicksil- 
ver mine beyond the cemeterj- had been haunt- 
ed by the ghost of a murdered miner and 
Foote had asserted that on account of the 
ghost's nightly walks about the mine residents 
on the Monterey Road were afraid to pass the 
mine at night. It was a well-written, creepy 
story and Foote was proud of it and his pride 
was at high-water mark when there entered 
his office a delegation of enraged Cornishmen. 
One of them held in his hand a copy of the 
paper containing the story, and when he ad- 
dressed Foote there was blood in his eye. 
Foote noticed that the men were in liquor and 
it seemed to him that they loomed like giants 
in his little office. Then a harsh voice smote 
his ear. "Are you the bloomin' beggar who 
wrote this piece?" Foote gave an affirmative 
answer. "Then," went on the Cornishman, 
making no effort to master his rage, "You 
have insulted the ghost of my father and I'm 
going to do you up." Foote shivered and then 
looked out of the open window with the idea 
of jumping to the sidewalk. But the distance 
appalled him, so he concluded to leave his fate 
in the hands of the irate miners. He had 
heard of the actions 'of Cornishmen when 
crazed with drink and out for retaliation on 
enemy or enemies, and the thought that he 
might be seized, thrown to the floor to have 
his ribs crushed bv hob-nailed boots, was not 



a comforting one. But he got a firm grip on 
his nerves and replied: "You must be mis- 
taken. I have not insulted the ghost of your 
father. I have never in my life spoken disre- 
spectfully of a ghost. In fact it is my rule to 
treat ghosts with the utmost courtesy. Let 
me read the article to you. I am sure you 
must have mistaken my meaning." "All right," 
grunted the son of the ghost, "Go ahead." 

Foote braced up, took the paper and pre- 
pared to make a fight for his life. As he read 
he interlarded the story with comments com- 
mendatory both of the ghost's activities and 
of the character of the miner before he became 
a ghost. The reading finished he noted with 
satisfaction that the hands of the son of the 
ghost were no longer clinched but were hang- 
ing quite naturally by his side. "Perhaps," 
said the spokesman for the Cornishman, "I 
was in the wrong, and perhaps you have been 

stringing me. If I thought " here Foote 

broke in quickly. He wished to cement the 
impression the reading had made. "Listen 
further," he said. Then he went on in an ex- 
temporized speech to extol the virtues of the 
men of Cornwall. He expatiated on their hard 
work, their love for their wives and children; 
their honesty and their generosity. As a law- 
yer making a plea for his client he made such 
a plea for himself as aroused generous emo- 
tions in the breasts of his visitors. He wound 
up with an eloquent peroration that quite set- 
tled the business, for the Cornishmen patted 
him on the back, declared he was a gentleman 
and a scholar and invited him over to Charley 
Barr's to drink the health of His Honor, the 
Spook. 

The Scooper, a humorous weekly, came out 
in 1885. The proprietors were E. T. Sawyer 
and John T. Wallace. Mr. Wallace, who after- 
wards became justice of the peace and held of- 
fice until his death' a few years ago, sold out 
his interest to his partner, after a few months' 
experience. The Scooper lived until 1886. 

The Santa Clara Index was started in 1870 
by a company of printers. W. W'. Elliott was 
the editor. One day he had an altercation 
with W. G. W'ilson, the foreman of the com- 
posing room. Office furniture took the place 
of fists and Elliott emerged w^ith a bruised 
head and a broken arm. His life reads like a 
romance. Erratic, brilliant, nervous, "his own 
worst enemy," he moved from place to place, 
never satisfied but alwa3-s optimistic. He was 
a pioneer resident of the state and in the late 
'50s went to Australia. Returning after an ab- 
sence of several years, during which he was 
sailor, gold prospector, theatrical agent and 
merchant, he enlisted in the Union army ana 
^ rose to the rank of major. \\' hen the assas- 
sination of Lincoln occurred he was in San 



116 



HISTORY OF SANTA CLARA COUNTY 



Francisco and was one of the leaders of the 
mob that wrecked several offices of newspa- 
pers that had published what were considered 
disloyal editorials. To escape possible prose- 
cution he fled to Mexico, entered the service 
of Juarez, the famous Mexican general and 
president and was present as a member ot 
Juarez' body guard at the execution of Max- 
imilian. A prominent position under the Mex- 
ican government was offered him, but he had 
become tired of Mexican life and longed for 
the climate and society of California. He re- 
turned to San Francisco in time to take a 
prominent part in the gubernatorial election of 
1867. Henry H. Haight, the Democratic can- 
didate, was elected and Elliott, as a reward 
for his services, was appointed assistant adju- 
tant general of the state. He resigned after 
serving but half his term and came to Santa 
Clara and became one of the partners in the 
publication of the Index. His row with Fore- 
man Wilson terminated his career in Santa 
Clara. Removing to San Jose he spent sev- 
eral years in doing editorial work for the local 
newspapers. 

In the early "70s while the State Normal 
School was under construction a scandal arose 
over the work of the contractor, the Legisla- 
ture ordered an investigation, a committee for 
the purpose was appointed and the sessions 
were held in the court house. Before the tak- 
ing of testimony it became necessary to ap- 
point a stenographer. There were but few 
short-hand writers in those days and there- 
fore competition was not lively. One of the 
applicants for the position was Elliott and 
through local influence he was chosen for the 
position. And now was shown an instance of 
monumental nerve. Elliott knew no more, 
practically or theoretically of the system of 
shorthand writing than an infant in arms. But 
he was a rapid writer, had a system of abbre- 
viated long hand and a memory that was mar- 
velous. He sat in a corner, allowed no one to 
look at his hieroglyphics and succeeded in 
"pulling the wool" over the eyes of the mem- 
bers of the committee and the attorneys pres- 
ent, although more than once he found him- 
self in an exceedingly tight place. He was 
frequently asked- during the progress of the 
investigation to read certain portions of the 
testimony and it more than once happened 
that neither his notes nor his memory tallied 
with the facts, which were mainly in the line 
of statistics. But his unblushing assurance 
saved his face and he was permitted to make 
the necessarj' corrections without receiving 
other than an admonition to be more careful 
in the future. Elliott afterward declared that 
he worked harder to earn the few hundred' 



dollars that his position netted him than he 
had at anything before undertaken. He was 
required to transcribe each day the notes he 
had taken during the session. This work was 
done late at night in order that he might have 
as assistants to notes and memory the proof 
sheets of the fairly full reports given by the 
morning paper. 

In 1872 Elliott's roving disposition led 
him first to Stockton, then to Salinas. 
While doing editorial work in the last 
named city, the shooting of Mrs. Nicholson 
I^y Matt Tarpey, the politician, followed by 
the lynching of Tarpey occurred. Elliott, act- 
ing as correspondent of a San Francisco paper, 
met the mob half way between Salinas and 
Alonterey. Tarpey had been taken from the 
Monterey jail and his captors were preparing 
to hang him to a tree when Elliott arrived. At 
Tarpey 's request Elliott took down the 
doomed man's last will and testament and 
then saw the mob carry out its work. Shortly 
after this occurrence Elliott was elected city 
marshal of Salinas. At the expiration of his 
term he engaged in the hotel business in Santa 
Rita, but a too strenuous life had undermined 
what had been a strong constitution, and so, 
after a few years he gave up active business 
and resumed the life of a rover. In the early 
'90s he reappeared in San Jose, did a few days' 
work on one of the daily papers and then dis- 
appeared. About a year later he died in the 
Soldiers Home at Yountville. 

Another editor with a record was Allen P. 
Kelly, who died in Los Angeles five years 
ago. In the late '70s Kelly was the editor of 
the San Jose Herald, then under the manage- 
ment of genial Nick Bowden, the attorney. In 
1880 he collaborated with E. T. Sawyer in the 
writing of "Loyal Hearts," a military drama, 
founded on incidents of the Civil War. After 
the production of the play at Stockton, the 
late Governor James H. Budd, playing one of 
the principal roles, Kelly went to Virginia 
City and worked under Arthur McEwen until 
called by William Randolph Hearst to do fea-. 
ture work for the San Francisco Examiner. 
After distinguishing himself by the rescue of 
imperiled seamen from a rock in the bay, he 
was detailed by Hearst to go south and cap- 
ture a grizzly bear. He was allotted three 
months in which to do the work. Kelly se- 
lected Ventura County as his field of opera- 
tion. At the expiration of three months there 
was no bear in sight and therefore Hearst or- 
dered him to return to San Francisco. But 
Kelly refused to leave the hills. The deal was 
off and his salary had stopped, but still he per- 
sisted in scouring the hills for a grizzly. One 
dav he entered Hearst's office in San Fran- 



HISTORY OF SANTA CLARA COUNTY 



117 



cisco and said: "I have corraled mister bear. 
He is at the depot in a cage. He is for sale. 
Will you buy him?" Hearst said he would 
buy the beast if a price could be agreed upon. 
Kelly saw to it that the sum proposed and ac- 
cepted would cover his expenses and leave a 
comfortable sum for his work. The grizzly 
was named Monarch and for many years was 
one of the attractit)ns at Golden Gate Park. 

His long outing in the \'entura hills had 
given Kelly a taste for out-door Hfe. He gave 
up newspaper work and entered the service of 
the state. As state forester he made an en- 
viable record and the state was the loser when 
he resigned his position to re-enter the news- 
paper field. For awhile he published a paper 
in Las Vegas, N. M. As it was not a money- 
making proposition he sold out and went to 
Philadelphia to fill a position on the North 
American. A couple of years before his death 
he returned to California and for awhile was 
editor of a paper published in Imperial Valle}'. 

The Enterprise, a weekly paper, was pul)- 
lished in Mayfield by W. H. Clipperton in 
1869-70. It was afterward removed to Gilroy 
and the name changed to the Gilroy Telegram, 
but was discontinued after a few months. 

The Gilroy Advocate was established at 
Gilroy September 1868 by G. M. Hanson and 
C. F. Macy. In 1869 it went into the hands 
of KeuN'on and Knowlton and in 1873 to Mur- 
phy and Knowlton. In the same year H. Cof- 
fin became publisher and was succeeded in 
1875 by H. C. Burckhart. In January 1876, J. 
C. Martin took charge and was succeeded by 
Rev. D. A. Dryden in October of the same 
year. The paper was soon afterwards leased 
to Frank Dryden and J. Vaughn, who con- 
ducted it a few months and then turned it over 
to F. W. Blake, who continued as proprietor 
until his death in 1907, when his son, W. F. 
Blake, took charge. 

The Gilroy Crescent was established in Jan- 
uary, 1888, by R. G. Einfalt. It had a short 
existence. 

The Gilroy Valley Record was first issued in 
May, 1881, E. S. Harrison, publisher. In 1884 
it went into the hands of B. A. Wardell who 
changed the name to the Gilroy Gazette. 
( )ther publishers of the paper up to 1919, were 
E. D. Crawford. John C. Milnes, L. C. Kinney 
and R. G. Einfalt. Kirkpatrick and Johnson 
are the present proprietors. 

The Los Gatos \\'eekly Alail was estab- 
lished in 1884 by H. H.' Main. After eight 
months' experience ^lain sold the paper to W. 
P. Hughes. In 1886 Hughes sold to Walker 
and Fellows. Other pul^lishers were D. D. 



Bowman, W. S. Walker, A. B. Smith and A. E. 
Falch. In 1918 the Mail was consolidated with 
the News. The News was started in July, 
1881, by W. S. Walker, who afterward sold to 
W. B. Trantham, C. C. Suydam and G. W'eb- 
ster.. In March, 1886, Webster sold his inter- 
est to his partners. Afterward Suydam with- 
drew from the firm. Trantham was sole pro- 
prietor when the consolidation of the two 
papers took place. 

In 1885 a weekly paper called the Courier 
was published at Mountain View by George 
Wagstaff. It lasted but a few months. 

The Alountain View Weekly Register com- 
menced publication in April, 1888, with Frank 
Bacon (now a noted eastern actor) and Harry 
Johnston. Afterward came The Leader. In 
1904, P. Milton Smith took charge of both 
papers ^nd consolidated them under the name 
of the Register-Leader. 

The Santa Clara Inde.x was estalilished in 
1869 by a syndicate of printers. It lived for 
a few years and was followed by the Santa 
Clara News which had as publishers C. A. 
Gage, F. E. Ellis, Mason & Widney, and H. R. 
Roth. In 1920 Roth sold a half interest to 
Lawrence Lockney. 

The Santa Clara Journal was established by 
N. H. Downing in 1889. He died in Decem- 
ber, 1904, and the paper has since Iseen pub- 
lished by his daughter under the firm name of 
B. & B." Downing. 

The Mayfield News is published liy W. F. 
Nichols. It came into existence several years 
after the removal of the Enterprise. 

The Campbell Press is published by Harry 
Smith. It was started by E. C. Hurlbert in 
1895. 

The Alorgan Hill Times was established in 
1898 by G. K. Estes. He sold to H. \'. Pillow 
in 1918. 

The Saratoga Star is a recent publication, 
L. C. Dick is the proprietor. 

The Sunnyvale Standard was estaJilished in 
1903. \V K. Roberts is the publisher. 

The Palo Alto Times is published by G. F. 
Morel! & Co. It has been in e.xistence for 
twenty-eight years, having been started by 
^^'. H'. Simpkins. 

The Pacific Poultry Breeder was established 
in San Jose in 1885 by Chas. R. Harker. With 
one exception it is the only paper of its kind 
published in the United States. 

Ray W. Harden started the Suburban Citi- 
zen in 1914. In 1922 it was changed to pocket 
size. It has won success by appealing to the 
lietween town and rural reader. 



CHAPTER IX. 

Early Days of the Drama in San Jose — The First Theater — Stark's Disgust — 
Other Theaters and Interesting Reminiscences of Actors, Professional 
and Amateur — A Few of the Old-Time Minstrels. ' 



Those who are left of the pioneers of San 
Jose, the sturdy, adventurous men and women 
who planted the stakes for the advanced civili- 
zation of today, look back with pride and 
pleasure to the early days of the drama in San 
Jose. They recall the professional work of 
actors and actresses of world-wide fame, whose 
]5erformances, if given nowadays would awak- 
en the highest interest, and they linger long 
and lovingly over favorite names and plays, 
peerless productions and delightful dramatic 
incidents. Those were the days of stock com- 
panies, in which the actor to win a high place 
in the profession had to study and strive years 
upon years and to appear in such a round of 
characters as to establish a perfect claim to 
dramatic versatility and merit. In the mimic 
world of that day lived and flourished Junius 
Brutus Booth, Edwin Forrest, Charlotte Cush- 
man, Edwin Booth, Julia Dean Hayne, E. L. 
Davenport, James E. Rlurdock and James 
Stark. 

To James Stark is due the credit of estab- 
lishing the first theater in San Jose. The year 
was 1859 and he was then in the height of his 
fame, having but recently returned, with his 
wife, from a highly successful engagement in 
Australia. Of all the tragedians who came 
after him, but one bore any resemblance to him 
in style, appearance and ability and that one 
was John McCullough. It must in justice be 
said, however, that Stark had the finer intelli- 
gence, and that in the parts calling for deep, 
dramatic insight and the interpretation of the 
subtler shades of human emotion, he excelled 
the genial McCullough, whose forte was not 
exactly in the line of the purely intellectual, 
but in the delineation of the heroic and the 
muscular. Endowed with a splendid physique, 
an imposing carriage, a deep, resonant, finely 
modulated voice and true conception of drama- 
tic requirements, added to a rare, personal 
magnetism. Stark compelled attention and won 
the most enthusiastic plaudits for his perform- 
ances. In the summer of 1859 he purchased a 
lot on First Street, opposite the site of the 
present Victory Theater and upon it erected 
San Jose's first place of dramatic amusement. 
The building, which was of wood, had an ex- 
cellent stage and all the appliances of the regu- 
lation theaters of those days. The grand open- 
ing took place on the tenth of October and the 



bill was Richelieu with Stark as the "Cardinal 
Duke" and Mrs. Stark as "Julie de Mortimar." 
The price of admission to all the plays was one 
dollar, both for dress circle and parquet. Each 
program printed by the late C. L. Yates, con- 
tained the announcement, "Children in arms 
not admitted." 

Mrs. Stark was a star, as well as her hus- 
band. Her first husband was J. H. Kirby, the 
tragedian, who died in San Francisco after 
playing an engagement at Maguire's Opera 
House. His great specialty was Richard III, 
and so powerful was his acting in the death 
scene that it became the delight of the gallery 
and perpetuated the well-known request, 
"Wake me up when Kirby dies." 

Belle Devine, the ingenue of Stark's com- 
pany was a great favorite and during her stay 
in San Jose she was the idol of the male 
younger set. After her season at Stark's Thea- 
ter she married George Pauncefote, an English 
actor, who in 1866 engineered a remarkable 
polyglot entertainment at the American Thea- 
ter in San Francisco. The play was Othello. 
The title role was enacted by Pauncefote in 
English, "lago" was given in French, "Cassio" 
in Danish and "Roderigo" in Spanish. The 
audience was large but the play only ran one 
night. Afterward Pauncefote went to China 
and never returned. 

Two very popular members of Stark's com- 
pany were Harry Brown, who did the juveniles 
and walking gents ; and Nellie Brown, his wife, 
who was the soubrette. Brown afterward 
joyied the stock company at Maguire's Opera 
House, San Francisco, and some years after 
the death of his wife married Mrs. Harry Jack- 
son, an English actress of high reputation, 
whose "Lady Macbeth" was considered one of 
the finest assumptions in the history of the 
American stage. 

In building the theater Stark was financially 
assisted by the late James R. Lowe, Sr. The 
obligation was satisfied out of the proceeds of 
the first five weeks' performances. During 
these five weeks, though San Jose then had 
less than 5,000 population, the houses were 
large and the interest intense. The same 
patrons would attend the theater night after 
night, so strong and well balanced was the 
company, so meritorious the plays and so at- 
tracti\e the personality of Stark and his tal- 



HISTORY OF SANTA CLARA COUNTY 



119 



ented wife. The leading man of the comljina- 
tion was Walter Bray, who, when his engage- 
ment ended, forsook the sock and buskin to 
bask in the smiles of Momus. A few years 
later he was known as one of the brightest and 
most successful Ethiupean comedians on the 
Coast. For a time he was associated with Joe 
Murphy, then more appreciated as a bone 
player than a negro minstrel. 

At the conclusion of the five weeks' season. 
Stark took his company to Sacramento where 
the San Jose success was repeated. Then 
came what old San Franciscans will always re- 
member — the phenomenal engagement at IMa- 
guire's Opera House in which Stark appearing 
in his round of Shakespearean characters, was 
hailed as one of the few great interpreters of 
"Hamlet," "Othello," "Macbeth," "Brutus." 
"Richard III" and "King Lear." 

Fresh from his metropolitan triumphs Stark 
returned to San Jose and for three weeks 
crowded the benches of the theater, easily re- 
peating the success of his opening season. 
Now it was that he determined to make the 
Garden City his permanent place of residence, 
for from the substantial ])atronage bestowed 
upon him in the past he had acquired the faith 
to believe that the future was filled with 
golden promises. He purchased the property 
bounded by Second, Julian and Fourth Streets 
and the line of the proposed Western Pacific 
railway and upon it erected a handsome dwell- 
ing. Subsequently he went to Virginia City, 
Nev., to open a theater there and made con- 
siderable money. Seats for the first night sold 
as high as $500 each and the late Senator Wil- 
liam Sharon was credited with having paid 
$500 a night for a set of seats for his friends 
for the entire engagement. 

Again returning to San Jose Stark began 
his last series of performances in the theater 
upon which he had builded so many glowing 
hopes. He had advertised a three weeks' sea- 
son, but owing to the scarcity of money which 
prevailed at that time, the attendance dimin- 
ished so that the three weeks were shortened 
to two. On the night of the closing perform- 
ance there was a "beggarly array of empty 
benches." Then the distinguished tragedian 
came forth in his wrath and made a speech to 
the audience in which he reproached the citi- 
zens of San Jose for their lack of ap[)reciation 
of his efforts, closing with the announcement 
that he should never appear in that theater or 
in San Jose again. He was as good as his 
word. He sold his theater property to Judge 
William T. Wallace and his fine residence 
property to Hon. S. O. Houghton. 

Shortly before this there had been ditifer- 
ences between Stark and his wife, which after 
a time culminated in a divorce. Mrs. Stark re- 



mained single for a few years and then mar- 
ried Dr. Gray, of New York, who possessed a 
handsome fortune which became hers when he 
died. Her last husband was Charles R. 
Thorne, Sr., a veteran actor and manager and 
father of Charles R. Thorne, Jr.. and txlwin 
Thorne, the actors. 

Misfortune overtook Stark in his later years. 
For a time he played with Edwin Booth, but 
after a stroke of paralysis, was forced to aban- 
don the stage. His fortune was exhausted in 
endeavoring to obtain relief and when in dire 
pecuniary extremity he was remembered by 
his wife of former days, who sent him a large 
sum of money. He died in the East about 
forty years ago. Mrs. Thorne passed away in 
San Francisco in 1898. 

Samuel W. Piercy, who died of small-pox in 
Boston in 1882, after having reached the top of 
his profession as an actor, made his first ap- 
pearance on any stage in Stark's Theater in 
1865. The theater was also the scene of the 
debut of John W. Dunne, who became a popu- 
lar actor and manager and is now a resident 
of New York City. 

After Stark's departure the theater, with 
name changed to the San Jose Theater, was 
turned over to traveling companies whose en- 
gagements were few and far between. The 
last performances given within its walls were 
on the 15th and 16th of March, 1867. by Robert 
Fulford's San Francisco Dramatic Company. 
The plays were Michael Erie, Don Caesar de 
Bazan and The Lady of Lyons. In Michael 
Erie the principal characters were taken by 
Fulford, Harry Colton, W'. M. Martial, E. T. 
Sawyer, Miss Teresa Berrie and Belle De 
Nure. In April, 1867, the theater was con- 
verted into a carriage factory and leased to 
Hunt & Add. Alterations for other classes of 
business were made as the years rolled on. 
The building still stands, but there is nothing 
in its appearance to convey the faintest sug- 
gestion that it once covered the appurtenances 
of a theater. 

From 1867 to 1870 San Jose theater-goers 
had to content themselves with the meager and 
unsatisfactory accommodations of Armory 
Hall on Santa Clara Street, near Third. Rob- 
ert Fulford did play "Hamlet" there on an im- 
provised stage with a few rickety wings con- 
stituting the entire set of scenery and the 
ghost arrayed in a horse blanket besprinkled 
with small squares of tin to represent a coat 
of mail. WHien "Hamlet," stepped on the end 
of a floor board which had not been nailed 
down, causing the other end to strike the 
"King of Denmark" and knock him against the 
wing, there was a quick collapse of the whole 
stage furniture and an inglorious termination 
of the performance. 



120 



HIST(3RY OF SANTA CLARA COUNTY 



In 1870 Gustav Rrohaska. the proprietor of 
Armory Hall, converted the place into a first- 
class theater and named it the San Jose Opera 
House. The opening night was August 18. 
and London Assurance was given in superb 
style by the John T. Raymond Dramatic Com- 
pan}-. Raymond, than whom a neater low 
comedian never tickled the risibilities of an 
American audience, was "Mark Meddle" and 
his wife, handsome and popular Marie Gordon, 
was "Lady Gay Spanker." Then followed a sea- 
son of prosperity, of fine actors and good 
plays. At this house appeared such popular 
favorites as John McCullough. Barton Hill. 
James O'Neiil. Robson & Crane, "Billy" Flor- 
ence, Thomas W. Keene, Lawrence Barrett, 
James Garden. James A. Heme. Harry Cour- 
taine. Joseph Proctor. Joe Murphy, Sue Robin- 
son, Jennie and Alicia Mandeville. Fay Tem- 
pleton, Ellie Wilton, Mrs. Sophie Edwin, Mrs. 
Judah. Annie Louise Cary, Clara Louise Kel- 
logg and Caroline Richings. Proctor's connec- 
tion lasted several years as he was then man- 
aging a circuit of theaters. He was the crea- 
tor of that wonderful character in melodrama. 
"The Jibbenainosay," for many years the piece 
de resistance of the Bowery. 

H. A. De Lacy was the lessee of the theater 
in 1874 and one of his first attractions was Fay 
Templeton, the charming vocalist and child 
actress. James A. Heme, whose "Shore 
Acres," netted him a fortune, was a member of 
the company. One of his great parts was "Rip 
Van Winkle." declared by David Belasco to 
be superior to the "Rip" of Joseph Jefiferson. 

It was at this theater that Eleanor Calhoun, 
afterward a popular London actress and at 
present writing the wife of Prince Lazarovich 
of Serbia, made her first appearance on any 
stage in E. T. Sawyer's military drama, 
"Loyal Hearts." The cast was a local one, 
John T. Malone and H. A. De Lacy sustaining 
the leading male roles. Malone. who was dep- 
uty district attorney at the time, afterwards 
adopted the stage as a profession, became an 
eastern star and died while officiating as sec- 
retary of the Players' Club, founded by Edwin 
Booth, in New York City. 

On the morning of July 5, 1881. the Opera 
House was burned to the ground. But San 
Jose was not left without a ]ilace of amuse- 
ment, for the California 'I'lieater on Second 
Street near San Fernando, liad Ik-cu running 
for several years. 

The California Theater was erected bv 
Hayes & Downer in 1878-79 and was formallv 
opened on May 12th, 1879, by a company o'f 
amateurs, 'i'he play was "Evadne" and' the 
performers were J. J. Owen, editor of the 
Mercury: J. H. Campl^ell. for many years dean 
of the law department of the Santa Clara Uni- 



versity; Charles F. Macy, who died in Chel- 
sea, Mass.. in 1898; Prof. J. G. Kennedy, city 
school superintendent, now with the dead ; 
Charles M. Shortridge, lawyer, newspaper 
I)ublisher and state senator, who passed away 
in 1919, and Miss Mattie Patton, who after- 
ward became the wife of J. J. Owen. She died 
a few years ago. For the occasion a poem 
written by the late S. W. De Lacy, then pro- 
prietor of the Times, was appropriately re- 
cited by Mrs. Ida Benfey, the elocutionist. 

During the few years of its existence, the 
California was managed most of the time by 
the late Chas. J. Martin, who served as mayor 
of the city for three terms. He made many 
notaljle engagements. It was at this house 
that the famous production of "The Rivals," 
with Joseph Jefiferson and Mrs. John Drew in 
the cast, was given. Edwin Booth, W. E. 
Sheridan, Laurence Barrett, Thomas W. 
Keene, Louis James, Frederic Warde, W^ H. 
Crane, Stuart Robson, John E. Owens, E. S. 
A\'illard, Joseph G. Grismer, Nat Goodwin, 
Louise Davenport. Minnie Maddern (who 
later became Mrs. Fiske), Ada Cavendish and 
others appeared. 

Like the Opera House the California The- 
ater went up in smoke on the night of July 
2. 1892. In the same fire the buildings on the 
block half way to Santa Clara, together with 
the South ^lethodist Church and other build- 
ings across the street were burned. 

Two months after the destruction of the 
California Theater the Auditorium was doing 
lousiness under the management of Walter 
Morosco, of the San Francisco Grand Opera 
House. The building had formerly been 
known as Horticultural Hall, but was without 
a proper stage or theatrical, appointments. 
Some of these necessities were furnished when 
Morosco took charge, others by Chas. P. Hall 
when he came in as Morosco's successor. 

Other lessees of the Auditorium with its 
later name, the Garden City Theater, were 
Webster & Ross, Frank Bacon and a vaude- 
ville combination. During its few years of 
existence there appeared such attractions a^ 
Thomas W. Keene, Ward and James, Robert 
Downing, John W. Dunne and Mary Marble, 
Richard Mansfield, Nat Goodwin, Mme. Mod- 
jeska. James A. Heme: De A\'olf Hopper, 
John Drew. Henry Miller. The Bostonians, 
Herbert Kcl.sey, Robert Mantell, Maxine El- 
liott, Mrs. Leslie Carter and Fannie Daven- 
port. Fire destroyed the building in 1918. 

The Victory Theater, erected by Senator 
James D. Phelan, was opened to the public on 
the evening of February 2. 1899. An audience 
that filled every seat applauded to the echo the 
fine acting of the performers in "The School 
for Scandal." the idav selected for the occa- 



HISTORY OF SANTA CLARA COUNTY 



121 



sion. Louis James, Frederick Wanle, Harry 
Langdon and Kathryn Kidder had the princi- 
pal parts, and the performance as a whole was 
a clean-cut exhibition of high dramatic art. 
Charles P. Hall was the first lessee. He was 
succeeded by F. A. Giesea, who was in charge 
until 1918 when M. B. Haas came in as lessee. 

During the past twenty-two years the Vic- 
tory has presented the cream of the eastern 
dramatic attractions booked for the Pacific 
Coast. Among them may be named Maude 
Adams, Billie Burke, Mrs. Leslie Carter, Mar- 
garet Anglin. E. A. Sothern, William Faver- 
sham, Otis Skinner, Forbes Robertson, J. E. 
Kellerd, Robert Mantell, David Warfield, Sa- 
rah Bernhardt, Anna Held, Geo. M. Cohan, 
Walker Whiteside, Ethel Barrymore, Hilda 
Spong, Henry Miller, Julia Marlowe, Louis 
James, W^ H. Crane, Nat Goodwin, Blanch 
Walsh, Blanche Bates. Annie Russell, W. H. 
Thompson and several opera companies. 

The Hippodrome, located on South First 
Street, near the corner of San Carlos, was 
erected by the Southern Development Com- 
pany in 1919 and was leased to Marcus Loew, 
a circuit manager. He is represented in San 
Jose by Ackerman & Harris ; B. B. Levin is 
the local manager. The theater has been 
used mainly for vaudeville and motion pic- 
tures. 

The T. & D. Theater, a motion picture 
house, on South First Street, near San An- 
tonio, was built by the Southern Development 
Company in 1913. The lessees are Turner & 
Dahnken and the local manager, A. M. Miller. 

The Lyric Theater, a small amusement 
house for motion pictures, located on North 
Second Street, opposite the Evening News of- 
fice, has as lessee Geo. S. Jones. Louis Lieber 
is the owner of the building. 

The Jose Theater on North Second Street, 
between Santa Clara and San Fernando 
Streets, was built in 1904 by David Jacks, of 
Monterey County. It was first leased by No- 
lan & Blum. After a few years Nolan retired 
and Blum was the lessee until his death in 
1920. James Beatty is now in charge. 

The Liberty (motion picture) Theater is 
located on Market Street, between San Fer- 
nando and Post, was built in 1914 by James 
Beatty, the present proprietor. 

The first amateur dramatic company in San 
Jose was organized in the fall of 1865 with the 
following members : Charles De Lacy, Sam- 
uel W. Piercy, J. A. Leach, Charles A. Cleal, 
Thomas L. Cleal, John E. Pillot, Edgar M. 
Foster, J. F. McMahon, W. D. [. Hambly, 
W. W. Thomas and E. T. Sawyer, Misses 
Mary Yontz, Jessie Gavitt, Ellen and Clara 
Skinner. In 1866, A. P. Murgotten, .Amherst 
J. Hoyt, John W. Dunne, E. M. Skinner, J. W. 



Johnson and A. L. Hart joined the company, 
several of the 1865 members having removed 
from the city. In the years up to the early 
'80s, the members included H. A. De Lacy, 
F. E. York, A. S. York, Charles M. Shortridge, 
Frank Bacon, A. W. White, Eugene Rosen- 
thal, Chas. W'. Williams, S. W. De Lacy, W. 
H. Sarles, W. G. Lorigan, H. C. Hansbrough, 
John T. Malone. Beatrice Lawrey, Mary 
Westphal, Louis Lieber, Geo. W. Alexander, 
Chas. E. Howes, Geo. C. Knapp, George Corn- 
stock, James Carson, Henry Beach, Jennie 
Weidman, Eleanor Calhoun, Virginia Cal- 
houn, Holton Webb, A. Majors jr., W. G. 
Miller, Harrv Botsford, Guv Salisburv, Chas. 
W. Oliver, Clyde Frost, F. G. Hartman and 
others whose names the historian does not re- 
call. Many of the members afterwards 
achieved eminence on the professional stage. 
Sam ^^^ Piercy was one of the foremost actors 
in America when death called him in 1882. He 
came to California in the early '50s and the 
family home for many years was on Julian 
Street near Sixth. He was a student at the 
San Jose Institute when he joined the dra- 
matic club. In the fall of 1866 he left San 
Jose to enter upon the study of law in San 
Francisco. In 1870 he was invited to read the 
Declaration of Independence at the Fourth of 
July celebration. He acquitted himself so well 
that Col. W. H. L. Barnes, a personal friend, 
advised him to give up law for acting. The 
advice was followed and in November of that 
>"ear he made his debut on the professional 
stage as "lago" to the "Othello" of John Mc- 
Cullough. It was a complete success and Mc- 
Cullough said he had never witnessed a more 
satisfactory first appearance. After a tour of 
the state with Frank Wilton's barn-storming 
company, he played with Joe Murphy and 
other stars for a time and then he left for the 
East. For three years he developed his art by 
playing with such stars as Clara Morris, John 
McCullough and Charlottq' Thompson. In 
1876 he sailed for London to play the leading 
part in The Virginians. The press notices 
were so laudatory and his reputation was so 
enhanced that on his return to New York he 
was at once engaged as leading man at the 
Grand Opera House. The next year he joined 
Edwin Booth's company and was with that 
great actor until the manager of Niblo's Gar- 
den offered him the juisition of stock star in 
the company playing regularly at that popular 
place of amusement. His best parts during 
the engagement were "Lagadere" in "The 
Duke's Motto," "Badger" in "The Streets of 
New York" and "Claude Melnotte" in the 
"Lady of Lyons." There followed an offer 
from San Francisco to come and play the lead- 
ing part in "Diplomacy." The offer was ac- 



122 



HISTORY OF SANTA CLARA COUNTY 



cepted and a prosperous season was the result. 

In 1878 Piercv opened the San Jose Opera 
House, as enlarged and improved, presenting 
"Diplomacy," "Craiga Dhiol" and "Othello." 
In the last named play he appeared as "lago" 
to the "Othello" of John T. Malone, a rising 
San Jose actor. In 1881 he rejoined Edwin 
Booth's company and the engagement was 
still on when he was stricken with small pox 
and died. Just before his illness J. H. Haver- 
ly, the well-known manager, was negotiating 
for his appearance as a star. In 1879 Piercy 
married the daughter of William Dunphy, the 
cattle king. She died in Philadelphia in 1881, 
leaving one daughter, who is now a resident of 
San Francisco. 

Eleanor Calhoun was a Normal School stu- 
dent in San Jose when she resolved to make 
the stage her profession. This was in the 
late '70s. She was pretty and graceful, had a 
charming manner and an unconquerable am- 
bition to succeed in life. Her father, a nephew 
of John C. Calhoun, the South Carolina ora- 
tor and statesman, was a justice of the peace 
in Fresno County and her mother had removed 
to San Jose for the purpose of giving her 
daughters an education in the educational cen- 
ter of the state. Nellie (she did not call her- 
self Eleanor until after her departure from 
California) displayed remarkable dramatic 
talent at the Normal School and after leaving 
there gave elocutionary recitals in a tour of 
the coast counties. After this experience she 
entered the dramatic school of Mrs. Julia Mel- 
ville Snyder, mother of Emilie Melville, the 
popular actress and vocalist of the '70s and 
'80s. It was while she was studying for the 
stage that she was induced to come to San 
Jose and play the leading female role in E. T. 
Sawyer's military play, "Loyal Hearts." She 
gladly consented and made her first appear- 
ance on any stage at the San Jose Opera 
House in February, 1880. Hugh A. De Lacy, 
John T. Malone, Louis Lieber, the sign paint- 
er, and Miss Mary Westphal (now Mrs. Judge 
Richards) were in the cast. At the conclusion 
of the week's engagement she was tendered a 
benefit, as her exceptionally fine acting had 
made her a public favorite. The house was 
packed to the doors and the young actress in 
the glow of her success returned to San 
Francisco and arranged to appear at the Cali-, 
fornia Theater, then under the management 
of John McCullough. She made her debut on 
the. professional stage as "Juliet" to the 
"Romeo" of John T. Malone. The critics 
praised her acting and the engagement was 
continued until she had exhausted her small 
repertoire. Soon after the engagement she 
left for the East and for a year played leading 
parts in a stock c()ni])any which gave per- 



formances in middle eastern and southern 
cities. London next called her and it was not 
long before she had worked herself into a 
leading position in one of the high class thea- 
ters. Under the auspices of Lady Archibald 
Campbell she played "Rosalind" in "As You 
Like It" in an al fresco production, to the 
warm approbation of the large audience as- 
sembled. She was next heard of in Paris, 
where she studied French, attaining such a 
mastery over the language as to give her con- 
fidence to appear before the Paris footlights 
in a French play with the great Coquelin as 
leading support. About a dozen years ago she 
was married to Prince Lazarovich, a claimant 
to the throne of Serbia. After her marriage 
she made several visits to San Jose. A few 
years ago her London and Paris reminiscences 
were published in The Century. Written in a 
chatty style and directed mainly to a recital 
of her social triumphs and of meetings with 
the notables of the day, including Alfred Ten- 
nyson and James Russell Lowell, they made 
interesting reading. One of her sisters (Jes- 
sica) is married and lives in Los Angeles. An- 
other sister, Virginia, was a teacher in the 
Hester school on the Alameda, until she de- 
cided to follow in the footsteps of Eleanor and 
become an actress. Her first appearance on 
any stage was, like her sister's, in "Loyal 
Hearts." The performance was given at the 
California theater on Second Street in 1882. 
In the cast were Frank Bacon, Jennie Weid- 
man (afterward Mrs. Bacon), Louis Lieber, 
Geo. W. Alexander and other local lights. 

John W. Dunne joined the San Jose Ama- 
teur Club in 1866. He was a boy of sixteen 
when he made his first apparance on the stage. 
In preparing for the production of "The Gold- 
en Farmer," no woman could be found willing 
enough to play the part of "Elizabeth," the 
heroine, so Dunne was called in to fill the 
breach. He was a handsome fellow in those 
days, beardless, peachj-cheeked and with a 
voice that was soft, light and clear-almost like 
a woman's. When on bended knees, with 
clasped hands and streaming eyes he besought 
heaven to "save me from a fate far worse than 
death," the audience shivered and appealing 
eyes were cast on the villain, who seemed to 
hold the fate of Elizabeth in his hands. And 
that villain, who stood over the shrinking 
heroine, with his six feet of stature, blood-shot 
eyes, gleaming teeth and hands red with gore, 
was none other than that mild-mannered, up- 
right, progressive citizen, Alex. P. Murgotten. 
Dunne's success as an amateur decided his 
destiny. He became a real actor. After play- 
ing all sorts of parts, from utility to leading 
business, he departed for Salt Lake City to ac- 
cejit a position in the Mormon Theater. There 



HISTORY OF SANTA CLARA COUNTY 



123 



he played for a year or more and then set out 
on a territorial tour, acting as leading support 
to Mrs. Annie Adams, the mother of RIaude 
Adams, America's foremost actress. Next he 
associated himself with the elfin star, Patti 
Rosa, soon married her, became her manager 
and until the death of his talented wife played 
in Hoyt's comedies from one end of the coun- 
try to the other. He was next heard of as the 
husband of Mary Marble, a worthy successor 
to Patti Rosa, and engaged in a similar line of 
work. They toured the country until vaude- 
ville became the rage, then went into pocket- 
edition drama and became public favorites. 
He was a San Jose visitor in 1919. 

Frank Bacon is (1922) one of the most tal- 
ented and popular of the great American act- 
ors. He is a former San Josean and the city 
was the scene of his first stage experiences. 
He was in his early twenties when he arrived 
in San Jose. He tried photography, experi- 
mented with newspaper work and drifted into 
other lines of work, but none of them succeed- 
ed in holding his interest. His ambition in 
those early days was to become another John 
McCuIlough, Edwin Booth or Lawrence Bar- 
rett. He turned up his nose at comedy and so 
when "Loyal Hearts" was produced at the 
California Theater he was rejoiced when he 
was asked to play the part of the Union officer. 
The press notices were commendatory. The 
allusion to his magnificent voice made him 
more than ever determined to become a trage- 
dian. Miss Jennie Weidman, a very talented 
amateur actress, was one of the performers. 
She and Frank became great friends and soon 
friendship resolved itself into love. They 
were married soon after the performance at 
the California. 

It was after Frank left San Jose to try his 
luck on the professional stage that he stum- 
bled upon his proper line of work. The por- 
trayal of a "rube" character on the Alcazar 
stage in San Francisco, gave the critics a 
chance to say all manner of nice words. Frank 
took notice and very soon decided to drop 
"straight" business for "rube" comedy. He 
had everything in his favor. He was a slow 
speaker, had a dry way of saying things, and 
his deep, flexible voice could at will be used to 
evoke either tears or laughter. The years went 
by, his art ripened, the coarse, low comedy 
"rube" was fashioned into the human country- 
man and culmination came in the creation of 
"Lightnin' Bill," a lovable shiftless old coot, 
in many respects a latter-day "Rip Van 
Winkle." The play called "Lightnin' " has 
had a run of three years on Broadway, 
New York, is now (1922) enjoying a phenom- 
enal run in Chicago, and Frank Bacon has been 
acclaimed as one of the finest character actors 



of the century. He has a charming orchard 
home near Mountain View, in Santa Clara 
County, and ever\- year his vacations are 
spent there. 

John T. Malone, another San Josean, who 
made good as a professional actor, was a grad- 
uate of Santa Clara College. He studied law, 
was admitted to the bar and when the stage 
bee buzzed in his ears he was deputy district 
attorney of Santa Clara County. After ap- 
pearances on the amateur stage he went to 
San Francisco, supported Eleanor Calhoun, 
during her engagement in that city and after- 
ward went east to become a member of Edwin 
Booth's company. After Booth's death he 
took out a company of his own, playing in 
legitimate drama as long as there was any 
demand for it and then gave up the stage to 
accept the position of secretary of the Play- 
ers' Clflb, New York. He died' in New York 
several years ago. 

The late Charles W. Williams, former pro- 
prietor of the Evening News, would have won 
fame and fortune on the stage if he had gone 
from amateur into professional work. He was 
a born comedian and the most talented and 
popular laugh-maker who ever appeared be- 
fore the footlights in San Jose. He came to 
California when a mere boy and for some 
years was a clerk in Cassius Morton's music 
store on First Street. He was a fine piano 
player and his services in the store were very 
valuable. From the store he graduated into 
newspaper work, starting first as business 
manager of Charles M. Shortridge's Times 
and winding up as the proprietor and editor of 
the Evening News. It was after he became a 
newspaper publisher that he dallied with stage 
work. His first appearance was a negro boy 
in "The Octoroon." He made a hit in the part 
and followed up his success by joining Charles 
R. Bacon's New York and San Francisco Min- 
strels, organized for performance in San Jose 
only. He was one of the end men and con- 
vulsed the audience by his inimitable dialect 
specialties. In 1881 he became the manager 
of the California Theater and in April, 1882, 
was the recipient of a complimentary benefit. 
His songs brought many encores. In the 
same year he played an Irish comedy part in 
"Loyal Hearts." The press notices spoke of 
him as one of the great Irish comedians on the 
American stage. Shortly after this appear- 
ance Williams resolved to forsake straight the- 
atricals for operetta and musical comedy. He 
had a fetching singing voice and under his 
management were produced "The Mikado," 
"Olivette," "The Mascot," "Patience," and the 
popular operettas. His "Ko-Ko" in "The 
Mikado" was very artistic and mirth-provok- 
ing and so well pleased with the performance 



124 



HISTORY OF SANTA CLARA COUNTY 



was a San Francisco manager that he induced 
Williams to repeat it at the Tivoli. Williams 
consented to go, made a success of the trip, 
but could not be induced to give up newspaper 
for stage work. San Jose suited him and he 
was an actor for the fun of the thing. His 
last appearance as manager and performer 
was about a year before his death, which oc- 
curred in 1917. 

Felix G. (better known as Phil) Hartman 
was one of the early San Jose amateurs. He 
played small parts, sometimes acted as stage 
manager but more often as property man and 
scene shifter. He was easily excited and in 
his excitement would frequently lose his head 
and make the most ridiculous blunders. At 
an entertainment given in Saratoga, Hugh A. 
De Lacy sang "Old Black Joe" in character. 
To give a touch of realism to the song and the 
acting it was arranged that "Joe" should die 
and that the dying should be done to slow 
music and red fire. Phil Hartman was the 
scene shifter and property man, and in the 
hurry of getting his props together he forgot 
to provide himself with the fire powder and its 
accessories. "Never mind, Hughie," he said 
to De Lacy, "I can fake it so the audience 
won't know the difference. I'll go out, get 
some fire crackers, take out the powder and 
light it." De Lacy had his doubts about the 
substitution, for he knew Phil's optimism, dis- 
played on other occasions, had not always 
been vindicated. However, there was nothing 
to do but take chances. Phil secured the pow- 
der, placed it in a tin plate and stood ready in 
the wings to do the lighting. Soon the time 
came for him to act and as De Lacy sang the 
last line of the last verse, Phil lighted his first 
match. The powder wouldn't burn. Then an- 
other match was tried. Same result. De Lacy 
kept on singing, 1nit with one eye on Phil, who 
struck match after match on the seat of his 
trousers, the perspiration meanwhile running 
in streams down his face. De Lacy, hoping 
against hope, sang the last verse over again, 
but no fire was forthcoming. At last Phil 
gave it up in despair. Turning an agonized 
face on De Lacy, he said in a voice that could 
be heard all over the hall, "Go on and die, 
Hughie, for I can't make the darned fire burn." 
Hughie died in a hurry, for his fingers were 
itching to get at Phil's throat. 

Still later Phil gave a magician's show at 
the San Jose Opera House. As .scene shifter 
and handy man for the "Fakir of Vishnu" he 
had learned many of the tricks of that old 
time juggler and illusionist. Phil called him- 
self the "Fakir of Ooloo" and what he ex- 
pected to be his best act was one of levita- 
tion — the suspending in mid-air of a woman 
subject. There were steel rods concealed un- 



der the clothing of the subject and an upright 
rod support was also hidden from view. The 
subject was a heavy woman, while Phil was a 
lightweight. When all was ready Phil made 
his explanatory talk and then began to lift 
the woman to a horizontal position in the air. 
(3nce in that position two rods would snap 
into place and the suspension would be an 
accomplished fact. But Phil, try as he would, 
could not raise his subject to the horizontal 
line. As he tugged and perspired the machin- 
ery squeaked and the audience roared. He 
made several attempts, letting down his bur- 
den between times in order that he might re- 
cover his breath, and finally gave up in disgust 
and sat upon the floor. The performance 
was as good as a circus and the spectators, 
though the advertised program had not been 
carried out, felt that they had received their 
money's worth and applauded accordingly. 

John T. Raymond was California's star 
comedian. He made several professional trips 
to San Jose and always played to full houses. 
His most popular role was of "Col. Mulberry 
Sellers," taken from Mark Twain's Gilded 
Age. Mark did not like Raymond's interpre- 
tation of the character, claiming that it was a 
gross exaggeration, almost a burlesque, not at 
all like the "Sellers" his brain had conceived. 
But Raymond's audiences liked the interpreta- 
tion and money always flowed in at the bo.x 
ofiice whenever Raymond's "vSellers" was the 
attraction. 

Raymond was very fond of practical jokes 
and he played them so often that his fellow- 
actors grew to be afraid of him, for they could 
not guess what was hatching in that queer 
brain of his. Such tricks as finding their shoes 
nailed to the floor wdien they were in a hurry 
to make ready for a performance, or wigs 
grotesquely queered, were always to be ex- 
pected. But there were unexpected variations. 
On one occasion when a lurid melodrama was 
on the boards, there was a scene in which the 
victims of the villain appeared before him. 
The villain was John McCullough, and Ray- 
mond, James A. Heme, Harry Edwards and 
Julia Corcoran, were the victims. .-Ml except 
Raymond w-ere in line on the platform. He 
had painted his nose a fiery red and with a 
most serious expression pointed both liands 
at McCullough. The audience roared, then 
hissed and the curtain was rung down. 

When Raymond gave "Col. Sellers" in San 
Jose the actors who had suffered from his 
jokes turned the tables on him. The most try- 
ing part of his performance was the eating of 
raw turnips, for he k)athed vegetables and 
never ate them except upon compulsion. The 
mem1)ers of tlie coni])any knew this and one 
night tliey doctored the turnii)S. Raymond 



HISTORY OF SANTA CLARA COUNTY 



125 



ate them, made a wry face but said nothing. 
The next night he called for apples, but when 
it came time for the repast he found he was 
ct)mpelled to eat raw onions covered with 
apple skins. 

At another engagement Raymond was play- 
ing "Polydor" to the "Ingomar" of John Mc- 
Cullough. In the striking scene where "Ingo- 
mar" orders the barbarians to seize "Polydor," 
Raymond came around to the front of the 
stage and instead of dropping in front of "In- 
gomar" and clasping his hands in piteous en- 
treaty, dropped, crawled between McCul- 
lough's legs, dived back and circled round 
"Ingomar," his teeth chattering in terror. Mc- 
Cullough laughed, the audience took the cue 
and the curtain went down amid a general 
roar of laughter. 

Some of the old-time minstrels lived in San 
Jose. One of them, Johnny Tuers, adopted 
the stage as a profession, after he left San Jose. 
Charley Rhoades, Fred Sprung and Ned Buck- 
ley came to San Jose to reside after they had 
j^iven up active work as entertainers. Tuers 
was an end man and flat foot dancer. He was 
the originator of this style of dancing and the 
champion of the Coast. He played in all the 
cities and towns from Los Angeles to Salt 
Lake but most of his time was spent in San 
Francisco. In the late '60s he quarreled with 
a man on Washington Street in that city. 
Pistols were drawn and an innocent bystander, 
James Dowling, a theatrical manager, stopped 
Tuers' bullet and ceased to live. Tuers was 
tried for murder and acquitted. "Billy" Tuers, 
Johnny's brother, stayed in San Jose. He was 
never on the professional stage, but appeared 
many times as an amateur, acting both as end 
man and dancer. In middle life he was stricken 
with blindness and died in Santa Cruz several 
years ago. 

Charley Rhoades was the pioneer banjo 
player of the state. Not long after the discov- 
ery of gold his banjo was heard on the streets 
of San Francisco and in the northern and east- 
ern mining camps. In the early '60s he joined 
a minstrel company and as end man and banjo 
player was before the public until his removal 
to San Jose in 1874. He was the reputed au- 
thor of that popular old song, "The Days of 
'49," and up to his retirement it was the favor- 
ite song of his repertory. The style of the 
song is shown in the following verse : 

There was Kentuck Bill, one of the boys, 
Who was always in for a game. 

No matter whether he lost or won 
To him 'twas all the same. 



He'd ante up, he'd pass the buck. 

He'd go a hatful) blind, 
In a game with death Bill lost his lireath 

In the days of '49. 

Another verse refers to Reuben Raines, a 
.Sacramentan, for whom the late Edward John- 
son, a pioneer millhand of San Jose, some- 
times acted as assistant. Johnson used to 
boast of his connection with the Raines' out- 
fit and would recite with gusto the following 
verse : 

There was another chap from New Orleans, 

Big Reuben was his name. 
On the plaza there, in a sardine box. 

He opened a faro game. 
He dealt so fair that a millionaire 

He became in course of time. 
Till death stepped in and called the turn 

In the days of '49. 

Rhoades was a consumptive and after a few 
years' residence in San Jose removed to Santa 
Clara, where he died about forty years ago. 

Fred Sprung and Ned Buckley left min- 
strelsy to become ranchers and neighbors. 
Their homes were located on McLaughlin 
Avenue near the Story road. Sprung was a 
bass singer and interlocutor and in the olio 
appeared as a negro impersonator. Before he 
came to California he was a member of a band 
of minstrels organized to give performances 
on the Mississippi river boats. The band was 
a small one, but each member was advertised 
as an artist in his line. On these boats the 
gamblers, always in force before the opening 
of the Civil War, would frequently postpone 
a game to listen to a minstrel performance. 
On these occasions they would pick favorites 
and the performers thus singled out would re- 
ceive donations far in excess of the amounts 
of their salaries. Sprung found it a happy, 
easy life and was sorry when the war put a 
stop to it. He died in San Jose about twenty- 
years ago. 

Ned Buckley, endman and comedian, did 
not stay all the time on his ranch. He had 
business interests in San Francisco which kept 
him away from San Jose more than half the 
time. Finally he sold his ranch and left San 
Jose for good. 

Other San Joseans who have won honors, 
either on the dramatic stage or in motion pic- 
tures, are Edmund Lowe, Howard Hickman, 
Ed. Jobson, Frank Stevens, George Hernan- 
dez, Vernon Kent and Clarence Geldert. 



CHAPTER X. 

Distinguished Visitors to San Jose and the Santa Clara Valley— Bayard 
Taylor's Day Dream — Political Orators — George Francis Train — Henry 
George as a Detective — Bret Harte — Presidents Hayes and Harrison — 
The Ovation to General Grant — Beecher, Ingersoll and the Old-Time 
Orators — Gen. John C. Fremont — Ned Buntline. 



Manv distinguished men and women have 
visited' Santa Clara Coimty. During the '50s 
Gen. John C. Fremont, David C. Broderick, 
William M. Gwin. Gov. Burnett, Bayard Tay- 
lor, J. Ross Browne and others came to San 
Jose, sometimes on husiness, sometimes for 
pleasure. Bayard Taylor, the famous poet, 
story writer and traveler, first visited the Val- 
ley in the early '50s. In his "Pictures of Cali- 
fornia" he thus describes what he saw : "How 
shall I describe a landscape so unlike any- 
thing else in the world? With a beauty so 
new and dazzling that all ordinary compari- 
sons are worthless. A valley ten miles wide 
through the center of which Avinds the dry 
bed of a winter stream whose course is marked 
with groups of giant sycamores, their trunks 
gleammg like siiver through masses of giant 
foliage. Over the level floor of this valley 
park^ike groves of oaks, whose mingled grace 
and majesty can only be given by the pencil; 
in the distance redwoods rising like towers; 
westward a mountain chain nearly 4,000 feet 
in height, showing through the blue haze dark 
green forests on" the background of blazing 
gold. Eastward another mountain chain, full- 
lighted by the sun, rose color touched with 
violet shadows, shining with marvelous trans- 
parency as if they were of glass, behind which 
shone another sun. Overhead, finally, a sky 
whose blue luster seemed to fall, mellowed, 
through an intervening veil of luminous vapor. 
No words can describe the fire and force of 
the coloring — the daring contrast which the 
difference of half a tint changed from discord 
into harmony. Here the great artist seems to 
have taken a new palette and painted his cre- 
ations with hues unknown elsewhere. Driv- 
ing through these enchanting scenes, I in- 
dulged in a day dream. It will not be long, 
I thought, — I may 'live to see it before my 
prime is over — until San Jose is but five days' 
journey from New York. Cars, which shall 
be in fact traveling hotels, will speed, on an 
unknown line of rail, from the Mississippi to 
the Pacific. Then let me purchase a few acres 
on the lowest slope of these mountains over- 
looking the valley and with a distant view of 
the bay; let me build a collage eml)owered 



in acacia and eucalyptus and the tall spires 
of . the Italian cypress; let me leave home 
when the Christmas holidays are over and 
enjoy the balmy Januarys and Februarys, the 
heavenly Marches and Aprils, of my remaining 
years here, returning only when May shall 
have brought beauty to the Atlantic shore. 
There shall my roses outbloom those of Poes- 
tum, there shall my nightingales sing, my or- 
ange blossoms sweeten the air, my children 
play and my best poem be written. I had 
another and a grander dream. One hundred 
years had passed and I saw the valley, not 
as now, only partially tamed, and reveling in 
the wild magnificence of nature, but from 
river bed to mountain summit, humming with 
human life. I saw the same oaks and syca- 
mores, but their shadows fell on mansions fair 
as temples, gleaming with their white fronts 
and long colonnades. I saw gardens refreshed 
by gleaming fountains, statues peeping from 
the bloom of laurel bowers: palaces built to 
enshrine the new art which will then have 
blossomed here ; culture, plenty, peace every- 
where. I saw a more beautiful race in pos- 
session of this paradise — a race in which the 
lost symmetry and grace of the Greek was 
partially restored ; the rough, harsh features 
of the Oriental type gone; milder manners, bet- 
ter regulated impulses and a keen appreciation 
of the arts which enrich and emiiellish life. 
W'as it only a dream?" 

J. Ross Browne was a traveler, who wrote 
descriptive, semi-humorous accounts of his 
wanderings for Harper's Monthly. His home 
was in Oakland, but he loved San Jose and 
its people. 

Political Orators. 
The political campaigns of the '70s brought 
many clistinguished Eastern and Northern or- 
ators to California. San Jose was not slight- 
ed and as spell-binding was the main stock 
in trade of the stump speaker, the Califor- 
nians received their full share of lofty periods 
and flowery diction. Among the orators who 
came to San Jose were Hannibal Hamlin, Vice- 
President under Lincoln ; Julius C. Burroughs, 
United States senator and the silver-tongued 



HISTORY OF SANTA CLARA COUNTY 



127 



orator of ^Michigan ; Gen. "\\'. S. Hancock, Gar- 
fiekrs opponent in the race for the presidency ; 
John A. Bingham, of Ohio, United States sen- 
ator and statesman ; Ex-Governor George L. 
Woods, of Oregon, Thomas. Fitch, of Nevada, 
and several others. 

In politics the things done nowadaj's are any- 
thing but on all fours with the things done 
forty, fifty and sixty years ago. In the early 
days there was partisanship, pure and simple. 
The line-up in every campaign showed the ad- 
herents of one party in diametrical opposi- 
tion to the adherents of the other. And those 
were the days of whoop-'er-up, of intense en- 
thusiasm, (if (.'xcitcment, of deep sustained in- 
terest. Street corners were the scenes of ani- 
mated discussion. Often the ready fist shot 
out when word of mouth failed to .give force' 
to the argument. But it was all in the play 
and when the curtain fell villain and hero shook 
hands and all was well as before. 

In San Jose the very strenuous political peri- 
od began" in 1865 and ended in 1884. In 1868 
Grant and Seymour were the opposing candi- 
dates. Meetings were held, not in halls, but 
on the street where men could congregate and 
where the best places could not be occupied 
by the women, who were then non-voters. The 
idea in those days was not to give a theatrical 
performance to which one must procure a re- 
served seat, but to talk to the people without 
any other accessories than an improvised 
stand, an American flag and a row of tallow 
candles. On one occasion — in 1865 — no stand 
was used, but at the intersection of Santa 
Clara and First streets, mounted on a dry 
goods box, the late lamented Thomas H. Laine, 
afterwards law partner of John H. Moore, D. 
M. Delmas, S. F. Leib and W. A. Johnston, 
eloquently enunciated the principles of De- 
mocracy, while the yellow torches on the cor- 
ners flared, their offensive residuum permeat- 
ing the air. 

George C. Gorham, then a recently defeated 
candidate for governor, afterwards secretary 
of the United States Senate and author of 
"The Life of Edwin M. Stanton," was Cali- 
fornia's most remarkable stump speaker. His 
voice was often heard in San Jose. He had 
a most remarkable command of vituperative 
language and a sledge-hammer style possessed 
by no other orator in the State. He was the 
first to advocate upon the stump the "Father- 
hood of God, Brotherhood of I\Ian" principle. 

Citizen George Francis Train was, in his 
time the best-known American and the strang- 
est man in existence. He started forty clipper 
ships to California in 1849, organized the 
Credit Mobilier which built the Union Pacific 
Railway, constructed the first street railway 
in England, organized the French Commune 



in 1870, was the business partner of kings, 
queens and emperors, was in jail eleven times, 
and, to wind up, broke the world's around-the- 
world record three times, the first time in 
eighty days, a feat that gave Jules Verne the 
idea for his captivating story. 

In the early '70s he came to California on a 
lecturing tour. San Jose was visited and the 
lecture was given in the Opera House, which 
at the time of opening wa.s- crowded to the 
doors. The historian will never forget either 
the occasion or the man. His head was much 
too large for his short, stoutly-built body, but 
physical appearance was forgotten as one 
watched his movements and listened to his 
talk. Active as a cat and charged with dy- 
namic force, he was never still for a moment, 
but moved from one end of the stage to the 
other, waving his chubby hands and uttering 
disconnected, choppy sentences in a manner 
that compelled interest and admiration. He 
was called a mountebank, a poseur and man 
with a screw loose in his upper story, but he 
cared not the snap of a finger for what was 
said about him, but seemed to delight in the 
caustic criticisms that followed him while he 
was in the limelight. 

Before be.ginning his San Jose lecture he 
said to the audience : "They say I am inco- 
herent and that I wander from my subject. 
Maybe these gentle critics of mine are right, 
but I can talk coherently, and I will give you 
something that will be to the point. First, I 
will present a sample of coherent lecturing 
and, following that, a sample of what they 
call incoherent lecturing. At the finish you 
shall say what style you wish me to use to- 
night." Now came the samples. The coherent 
one was dry and uninteresting and was re- 
ceived in silence. But after the sample of in- 
coherent the applause shook the building. 
When quiet had been restored Train shouted : 
"Now, what will you have?" "Incoherent," 
was the unanimous reply. "All right," Train 
said, "incoherent it shall be." Then the circus 
opened. The lecturer jumped from one sub- 
ject to another, bursts of eloquence were fol- 
lowed by clownish jokes, points at times were 
driven home with sledge-hammer force, gems 
of poetry were sandwiched in between lines 
of e.xquisite prose and at intervals came epi- 
grams charged with scorn and bitterness, for 
in that distempered brain of his burned the 
fire of genius. Indeed Train was wonderful 
as well as strange, and it Avas easy to under- 
stand why he was such a success as a platform 
lecturer. After leaving California he returned 
to New York, ran as independent candidate 
for the presidency, defended Victoria Wood- 
hull by publishing extracts from the Bible, 
an act that landed him in the Tombs ; threw 



128 



HISTORY OF SANTA CLARA COUNTY 



away his money, liehaved more extravagantly 
than ever, and then one day closed his lips 
and for fourteen years never spoke to man or 
woman. Every day during this period he 
sat on a bench in Madison Square, feeding the 
birds and petting little children. At last 
speech and activity came back. He made an- 
other around-the-world trip, completing it in 
sixty days, and then settled down to a hum- 
drum existence in the top story of a New 
York hotel. While there he defended his po- 
sition in the following characteristic style: 
"They say I talk as one out of his head. Why 
should I not do so? How can a peanut con- 
vention know about a cocoanut? The pea- 
nuts composing it have never seen a cocoanut. 
They don't know what it is. The peanut con- 
vention considers the cocoanut. deliberates 
wisel)^ and passes a resolution that the cocoa- 
nut is a large peanut. And how can a cocoa- 
nut find out what it is like until it has seen 
another cocoanut like itself? I am a cocoa- 
nut." Train died in ]*50.\ at the age of sev- 
enty-four years. 

Henry George, the formulator and exponent 
of the single-tax theory, wrote "Progress and 
Poverty" while acting as editor of the San 
Francisco Post. In abbreviated form the mat- 
ter was first used as meat for a lecture, and 
after San Francisco had been favored with the 
radical views of the great editor, George came 
to San Jose with his manuscript. Patrick \\'. 
Murphy, city editor of the Post, was the busi- 
ness manager and the lecture was delivered 
in the San Jose Opera House to a small audi- 
ence. But the expenses were light and no 
money was lost. George took the situation 
good-naturedly, for he was a jovial, big-hearted 
man. and declared that he was satisfied with 
the sowing of the seed and would serenely 
await the verdict of time. 

While in San Jose, George was the guest 
of J. J. Owen, the veteran editor and philoso- 
pher. On the afternoon preceding the lecture 
George was in Owen's office. .A^mong other 
things they discussed the local sensation, 
which was of absorbing interest to Owen, who 
was an avowed spiritualist. Strange, unac- 
countable manifestations had been reported 
from a small, one-story house on Fourth Street 
near St. John. Spooks, no less, so it was 
claimed and generally believed, had repeatedly 
liroken windows, thrown stones against the 
building and cut up other queer and devilish 
pranks. The lessee of the house was a well- 
known citizen (now deceased), who was ut- 
terly unable to understand why he, of all men, 
should be singled out for these satanic mani- 
festations. His standing in the community 
was high, he had led an upright life and he 
was not aware that he had any enemies. The 
.s])0()ks— admitting tliat malignant spirits from 



the other world had l)een at work — had oper- 
ated at all hours, day and night. George 
listened to the story, asked a few questions, 
and then said: "Let's go down to the house 
and investigate. We may stumble upon a 
clew. I don't take any stock in this spook 
lousiness." Owen smiled but did not express 
any opinion. The historian, who was then 
doing reportorial work for Owen, accompanied 
the two editors to the house of mystery. The 
lessee was not at home, but his daughter was 
there. She smiled cynically as she bade the 
trio enter the living room, which fronted on 
the street. It was noticed on entering that 
some of the panes in the two front windows 
were broken. George examined the breaks 
and then addressed himself to the girl, who 
sat, sullen and defiant, near the door opening 
into the kitchen. The door was closed and 
there was no sound to indicate the presence 
of any other person in the house. Owen 
asked if the mother was at home. The girl 
shook her head. She was rather attractive, 
with her black hair and eyes, pale cheeks and 
tip-tilted nose. But her expression registered 
resentment rather than pleasure, over the 
coming of the investigators. Her story tallied 
with that given by her father. The mysteri- 
ous manifestations had occurred at all hours 
of the day and night. She had no theory to 
advance. The stones might have been thrown 
by evil spirits or by some human enemy cun- 
ning enough to escape detection. 

After the inquisition Owen and George, with 
this historian at their heels, looked into and 
examined every room in the house. Nothing 
of value as a clew having been discovered, the 
three newspaper men returned to the living 
room, the girl following them. She resumed 
her former seat and listened with an amused 
smile while George and Owen discussed 
spooks, politics and religion. At last George, 
changing the subject, said to Owen: "Have 
you made up your mind?" Owen was about 
to answer when there came a noise as of the 
shattering of glass. The investigators, quickly 
getting to their feet, saw that another pane 
had been broken. "Well," ejaculated George, 
"his spookship is considerate. That show 
was given for our benefit. Thank you. Spooky. 
Maybe" — he smiled at the girl, who sat star- 
ing at the window with her hands* concealed 
in her apron — "Maybe this is a case of hoisting 
by one's own petard." Walking over to the 
window, he examined thoroughly pane, sash 
and floor, then opened the front door and 
stejjped outside. He was gone but a few mo- 
ments. Returning, he looked at the girl stead- 
ilv. accusingly. She stood the scrutiny half 
a minute, then cast down her eyes and fum- 
bled nervously with her hands, still concealed 
under her apron. She did not lift her eyes 



HISTORY OF SANTA CLARA COUNTY 



129 



while George was speaking. "Miss ," he 

said, gravely, "the stone was thrown from this 
room, therefore — " He paused and the girl 
burst out: "It's no use trying to fool you. 
How did you find it out?" "Easy enough. 
The glass broken by the smash is on the 
ground outside and not in this room." Then 
he added, "Why did you do it? You must 
have !iad some strong reason." "I had," was 
the low reply. Her story was soon told. She 
hated the house and had been trying for 
months to induce her fatlier to move to another 
place. Unable to influence him, she had hit 
upon the device of scaring him into compli- 
ance. The scheme might have succeeded but 
for Henry George's astuteness. 

The story ended, the girl fell to crying. Her 
father would never forgive her. She had a 
mind to run away and never come back. Her 
life was ruined, and so forth, and so forth. 
George was kind and sympathetic. His sooth- 
ing words soon dried her tears. There was a 
way out of the tangle and he promised to find 
it before he left town. He was as good as his 
word. The father was seen and after much 
persuasion agreed to take another house, and 
also never to reproach his daughter for what 
she had done. That ended the matter. The 
manifestations ceased and Henry George left 
town in a satisfied frame of mind. He had not 
made any money in San Jose, but he had had 
a fine time. 

Bret Harte made several visits to San Jose 
while he was eflitnr of the 0\erland Monthly. 
One-visit lasted sc\it;i1 ilri\s. It was shortly 
after the publication ol lu> first book of poems, 
"The Lost Galleon." He is remembered as a 
small, dapper, elegantly clothed person, with 
Ijlack mustachios and "burnsides" and a pock- 
marked face. 

]\Iark Twain was in San Jose a few days 
before his lecture. This was in 1866. His 
controversy with \\'. Frank Stewart, the earth- 
c(uake philosopher, has been referred to in an 
earlier chapter. 

In the Society chapter reference was made 
to the visits to San Jose of Presidents Mc- 
Kinley and Roosevelt. Other Presidents who 
came before them were Hayes, Grant and Har- 
rison. Hayes was in the middle of his term 
when he made the overland trip to California. 
There was not much fuss made over his ar- 
rival, though a large crowd gathered to listen 
to his address, made from the balcony of the 
.\uzerais House. He was accompanied by 
Gen. W. T. Sherman. 

President Harrison's visit was a flying one. 
He alighted from the train at the Market Street 
depot, was driven rapidly about town and then 
back to the train. He made one speech, short 
and to the point, like all his public utterances. 



The great ovation was given to Gen. U S 
Grant on September 26, 1879. In honor of 
the event business houses generally were 
closed, the courts took a half-holiday, and the 
city was given an attractive gala-day appear- 
ance. Nearly all the public structures and 
business blocks were profusely and hand- 
somely decorated with flags, shields and fes- 
toonmgs of red, white and blue, while private 
dwellings along the line of march were simi- 
larly arrayed and bedecked. It was estimated 
at the time that more than 20,000 people, in 
holiday attire, awaited the coming of the man 
who had reflected such honor upon .his coun- 
try. Military and civic organizations took 
part in the parade, the late W. T. Adel acting 
as grand marshal, with Capt. Ira Moore and 
A. P. Murgotten as aids. The former resi- 
dents of Galena, III, Grant's old home, were 
represented by Judge Chas. G. Thomas, G. J. 
Overshiner, C. O. Rogers, O. C. Wells and C. 
Bellingall. At the depot Mayor Lawrence 
Archer delivered the address of welcome. The 
reception committee consisted of W. D. Tis- 
dale, T. Ellard Beans, Rev. M. S. Levy, Capt. 
C. H. Maddox and J. J. Owen. The torn, tat- 
tered and faded battle flag carried bv D. C. 
Vestal, as color-bearer of Phil Sheridan Post, 
e-xcited much comment, and its history would 
not be out of place here. It belonged in 1864 
to the Twenty-first Regiment, South Carolina 
Colored Volunteers, commanded by Col. A. G. 
Bennett, afterwards of San Jose, and was the 
first Union flag raised in Charleston after that 
city's surrender to and occupation by the Union 
forces. Five color-bearers were shot down 
while carrying it, and every hole in it was 
made by a Confederate bullet. 

General Grant and party, which included 
Mrs. Grant and Ulysses S. Grant, Jr., received 
a pleasant surprise when the procession ap- 
proached the Court House. Upon the steps 
and platform were congregated some 500 chil- 
dren, each one tastefully arrayed in white with 
red and blue ornamentations and bearing a 
small flag and a bouquet of flowers. The gen- 
eral's carriage was driven to the edge of the 
sidewalk and halted. Then the children, un- 
der the direction of Professor Elwood, struck 
up the National anthem, "America," singing 
the four stanzas with such spirit and feeling 
as made the welkin ring. At the close three 
cheers were given to General Grant and then 
came a shower of bouquets thrown at the car- 
riage. After the procession had disbanded the 
general was driven to the Fair Grounds on 
the Alameda, where a running horse race, 
against time, had been arranged for his benefit. 
In the evening a banquet was given at the 
Auzerais House. Mayor Archer presided and 
Col. J. P. Jackson of San Francisco made the 



130 



HISTORY OF SANTA CLARA COUNTY 



response for General Grant. The following 
were present : 

Ladies — Mrs. U. S. Grant. Mrs. ^Lnyor Bry- 
ant of San Francisco, }ilrs. Mavor Archer. 
Mrs. S. O. Houghton. Mrs. T. Ellard Beans. 
Mrs. B. D. Murphy, Mrs. C. H. Maddox, Mrs. 
H. W. Scale. Mrs. Knox-Goodrich. Mrs. Ira 
Moore, Mrs. G. R. Baker, Mrs. F. E. Spencer, 
Mrs. J. J. Owen. Mrs. Gov. Irwin, Mrs. Cole- 
man Younger. Mrs. J. A. Moultrie. Mrs. J. \V. 
Cook. Mrs. W. T. Adel. Mrs. Johnson, Mrs. 

A. L. Rhodes. Mrs. ]. H. Moore. 
Gentlemen— L. Afcher, \V. D. Tisdale, AY. 

L. Tisdale. T. E. Beans, E. McLaughlin, C. T. 
Rvland, J. M. Bralev. E. McLaughlin. H. H. 
Hoflfmann. H. B. Alvord. C. T. Parks. W. Erk- 
son. J. J. Burt, L. G. Nesmith, John T. Ma- 
lone, H. L. Cutter, C. C. Stephens, Martin 
Murphy, T. W. Spring. D. C. Vestal, ^V. S. 
Thorne, A. AIcMahon, W. L. Coombs. L. Fin- 
igan, H. M. Leonard, J. P. Pierce. M. Byrne, 
Ira Moore. R. F. Peckham. J. W. Cook, W. F. 
Ellis. \V. M. Lovell, S. O. Houghton, C. H. 
Maddox, S. W. Boring, S. A. Clark, Levi Good- 
rich. T. H. Flickinger, L. Lion. D. Belden, B. 

D. M'urphv, P. W. Murphv. E. C. Singletarv, 

E. P. Reed, James A. Clayton. D. C. Bailev, 
S. F. Leib, Geo. L. Woods. G. F. Baker, A. 
E. Pomerov, H. W. Scale, J. T- Sonthcimer, J. 
J. Owen. Miles Hills, N. R. Harris. N. B. Ed- 
wards, J. N. Hammond. T- R- Lowe, S. A. 
Barker, C. G. Thomas, J. S.Seely, C. X. Hobbs, 

B. B. Thaver. L. J. Hanchett, J. P. Sargent, 

C. E. White, W. S. Clark, Wilson Hays, J. B. 
Randol, W. T. Adel, A. Whitton, Coleman 
Younger, M. J. Ashmore, Jesse D. Carr, J. C. 
Zuck, F. E. Spencer, C. C. Havward. A. W. 
Saxe, A. L. Rhodes. Geo. Rutherford. J. T. 
Murphy and C. G. Harrison. 

San Francisco — U. S. Grant, A. ]. Brvant, J. 
H. Smith, W. W. Dodge. A. M. Scott^ M. L. 
McDonald, J. P. Jackson, E. Danforth, M. D. 
Bornck, H. Brickwedel, John Wise and Henry 
Pierce. 

Lecturers from over the sea who came to 
San Jose were T. P. O'Connor, Michael Davitt 
and Timothy Hcaley, Irish patriots. From the 
East came Robert G. Ingersoll, Henry Ward 
Beccher, Theodore Tilton, Col. E. Z. 'C. Jud- 
son, Elizabeth Cady Stanton, Dr. Mary 
Walker, Anna Howard Shaw, Anna Dickinson 
Mrs. Mary A. Livermore, Dr. Mary Walker 
and Oscar Wilde. The lectures of Beecher 
and Ingersoll were not far apart, but their 
speaking styles were as far apart as the 
poles. Beecher was ornate, flowery and 
serious. He was eloquent in a lofty way and 
his voice was a volume of musical sound. But 
he never thrilled an audience as Ingersoll 
thrilled it. Ingersoll possessed a personal mag- 
netism more seductive than any speaker who 
ever visited San Jose. .'\t his first lecture, 



given in Music Hall on First Street, the front 
bench was occupied mainly by ministers of 
the local Protestant churches, gathered there 
out of curiosity. Before and after the lecture 
they called Ingersoll a sophist, one who 
touched insignificant errors but failed to sound 
the depths of Christian philosophy as revealed 
in the pages of the Bible. But that night they 
were so carried away by the great agnostic's 
quips and quirks that their laughter, chuckles 
and unconscious movements broke down the 
bench upon which the}' were sitting, thus cre- 
ating a diversion that greatly amused the lec- 
turer and caused a laughable commotion in 
other parts of the hall. 

Theodore Tilton was stiff, stilted and self- 
conscious. He had a fine command of lan- 
guage, but his mannerisms, his posings and 
his conceit combined to create an unfavorable 
impression. He came to San Jose just after 
the celebrated trial in Brooklyn of the re- 
nowned Tabernacle preacher, and his notoriety 
— not his fame as a public speaker — had the 
effect of drawing to his lecture a very large 
audience. 

Mrs. Stanton produced an altogether differ- 
ent impression. She was easy, graceful and 
earnest, spoke without effort and made her 
points without artifice. Anna Howard Shaw 
and Anna Dickinson were polished speakers. 
Miss Dickinson was the more dramatic. 

Of the Irish lecturers. Healey and Davitt 
were serious and impassioned. O'Connor (Tay 
Pay) was serious and witty by turns, and his 
talk was therefore more entertaining thaa that 
of his fellow-workers in the Irish cause. 

In the '80s the annual encampment of the 
National Grand Army of the Republic was 
held in California. After the session San Jose 
was visited by a large number of delegates, 
the number including Gens. John A. Logan, 
C. S. Fairchild. and George Stoneman. At the 
time Stoneman was Governor of California. 
Before this event Gen. W. S. Hancock had 
been in San Jose. Of the warriors, Logan, as 
a speaker, was eloquent, impressive and force- 
ful. With his long hair, once raven-black but , 
now streaked with gray, his flashing black eyes 
and handsome features, he made a picture that 
was pleasing to look upon. General Hancock 
was not an orator. He was over six feet in 
height, ponderous and heavy, and moved 
slowly, as if he found it an effort to lift his 
feet. He spoke haltingly, but made a good 
impression on account of his transparent hon- 
esty and unaffected manner. 

In later days came Josh Billings, Opie Read, 
James Whitcomb Riley, Bill Nye, Geo. W. 
Cable, Geo. Alfred Townsend, Jack London, 
Joaquin Miller, Mrs. Mary Austen, King Kala- 
kaua, of the Hawaiian Islands, Gen. John C. 
Fremont, \\illiam T- Bryan. Booker Wash- 



HISTORY OF SANTA CLARA COUNTY 



131 



ington, Thomas B. Reetl. and several other 
notables whose names cannot be recalled. 
Bryan's first visit to San Jose was made in 
1897, the year after he was defeated for the 
presidency by William McKinley. There was 
quite a demonstration when he arrived with 
James G. Maguire, congressman from the San 
Francisco district. He spoke at the Fair 
Grounds before a large audience and after- 
\vards held a reception at the Hotel Vendome. 

General Fremont visited San Jose a few- 
years before his death. He was the guest of 
the Santa Clara County Pioneers, and after 
sightseeing in San Jose the General and his 
wife were taken to the Big Trees in Santa 
Cruz County, where an old-fashioned enter- 
tainment was provided. 

One whose career was one series of sensa- 
tional adventures and whose reputation dur- 
ing the '50s and '60s was world-wide, stayed 
in San Jose for several weeks in 1868. The 
man was Col. E. Z. C. Judson (Ned Buntline), 
who was the originator in the United States 
of the dime novel. He was also the pioneer in 
the writing of lurid fiction. He was a grad- 
uate of the Annapolis Naval Academy and was 
commissioned midshipman for bravery in res- 
cuing a boat's crew from drowning in New 
York harbor. While in the navy he fought 
seven duels. His fellow-middies refused to as- 
sociate themselves with him because he had 
been a common sailor. To enforce their re- 
spect he challenged all of them, thirteen in 
number, to mortal combat. Only seven agreed 
to fight, and he worsted them all in quick suc- 
cession without receiving a scratch himself. 
One of his opponents was afterwards an ad- 
miral in the navy. He uas an active partici- 
pant in the Florida ( Indian) and ^Iexican 
wars, and in the Civil War was the colonel of 
a regiment of mountaineers. He was a crack 
shot and in the '70s. in a trial of skill with 
Buffalo Bill, Texas Jack and a number of In- 
dian chiefs, he easily proved his superiority. 

He began to write fiction in the early '40s. 
In 1848 he started a paper in New York in 
order to further the cause of Know-Nothing- 
ism, of which he was an ardent and reckless 
supporter. In that same year he was sentenced 
to one year's confinement in prison as one of 
the leaders in the Astor House riots when the 
adherents of Edwin Forrest, the great Ameri- 
can tragedian, attempted to mob W. C. Mac- 
ready, the English tragedian, as a reprisal for 



insults heaped upon Forrest by Macready's 
English friends while Forrest was filling a 
London engagement. He was one of the pio- 
neers in waging war against the publication 
and circulation of immoral literature. In 1852, 
long before Anthony Comstock was in the 
field, he made complaint against an offending 
publisher. The place was raided by the police 
and tons of ol)jectionable literature were seized 
and burned in City Hall Park. 

Ned Buntline's first serial story appeared in 
1857, and for over twenty j-ears bear and In- 
dian stories, war and sea romances, local nov- 
els — in fact every variety of sensational fiction 
— (lowed in constant stream from his pen. In 
1868 he came to California as a temperance 
lecturer. He had been a hard drinker, but had 
reformed. During his sta\- in San Jose he de- 
livered one of his lectures under the auspices 
of the local Good Templar lodge. Of the com- 
mittee of introduction only one member is 
now living (\'^22). the veteran lawyer. J. C. 
Black, whd afterwards served as district attor- 
ney and was special prosecutor in several nota- 
ble criminal cases. 

After leaving San Jose Buntline started east- 
ward, but laid over several months in Laramie, 
Wyo., in order to obtain material for a new 
series of wild west stories. Here he met Buf- 
falo Bill, who had just completed a contract 
to supply buffalo meat for the tracklayers of 
the Kansas Pacific Railway, and whose repu- 
tation then was mainly local. The two men 
became fast friends and a short time after their 
meeting- Buntline sent the first Buffalo Bill 
romance to a New York story paper. Other 
stories quickly followed, and within a year 
Buffalo Bill became the most talked-of person- 
age in America. Not content with newspaper 
exploitation, Buntline wrote a play called 
"Buffalo Bill, the King of Scouts," and induced 
Bill to appear in the titular role. The first per- 
formance was given in a Western city. Other 
plays starring Buffalo Bill were written, a 
company was formed. Wild Bill and Texas 
Jack becoming members, and a tour of the 
country was made, San Jose being visited in 
1877. After parting with Buffalo Bill. Bunt- 
line resumed his temperance crusade, but still 
kept up his story-writing. A large portion of 
the money he earned was spent in improving 
his country place in Westchester County, New 
York. He married late in life and died in 1886. 



CHAPTER XL 

Santa Clara County During the Civil War — Many Companies Formed — 
Confederate Sympathizers Take to Robbery — The Fight on the New 
Almaden Road — Excitement Over the Death of Abraham Lincoln. 



Santa Clara County was loyal during; the 
Civil War, which opened in 1861. It furnished 
both money and men to the Union cause. 
Many thousands of dollars were contributed 
and placed at the disposal of the Sanitary Com- 
mission, and more volunteer soldiers were ten- 
dered than were required. The majority of 
the volunteers were either retained in the 
state or sent to Arizona and New Mexico. 
There was no draft ever ordered in California 
to secure her proportion of troops, while there 
was always a reserve of volunteers, organized 
under the state laws, more than sufficient for 
any emergency that might arise. California 
was far from the center of government, with 
a long line of exposed seacoast which, in case 
of foreign complications, was subject to attack. 
For this reason it was necessary that the great 
bulk of the population should remain at home 
for self-protection. Man}' men went to San 
Francisco and other cities, not being able to 
enlist at home on account of the filling of the 
quota. Some enlisted in the California Bat- 
talion. Two San Joseans, W. H. Lawrence and 
George W. Lee, joined the battalion and were 
prisoners in Andersonville. Mr. LavVrence is 
still a resident of the city. Mr. Lee removed 
to Santa Cruz in 1919. Other members from 
Santa Clara County were Abe Withrow and 
Warren Wood of Santa Clara, and James 
Hacket of San Jose. 

Of those who enlisted in San Jose, there is 
record of the following : 

San Jose Volunteers, afterwards Company 
C, First Regiment, Infantry. Organized in San 
Jose, June 21. 1861, as follows: H. .•\. Gorley, 
captain; John Martin, first lieutenant; D. C. 
Vestal, second lieutenant; S. C. Thomas, third 
lieutenant; M. Pulaski, first sergeant; J. H. 
Murphy, second sergeant ; Edgar Pomeroy, 
third sergeant; T. J. Cuiston, third sergeant; 
John Mulholland, first corporal ; W. M. Owen, 
second corporal ; David Downer, third cor- 
poral ; Randolph Leavenworth, fourth corporal. 
The celebration of the Fourth of July in that 
year was marred by a painful accident where- 
by Gorley, Martin and Ed Morton were injured 
while firing a national salute. The company 
was reorganized as veterans at Las Cruces, 
N. M., November 29. 1864. During the war 
there were many desperate engagements with 
Indians. Lieutenant \'estal, with his com- 



pany, assisted in the capture of the notorious 
Showalter and his band. The company, while 
in the desert, marched over 2,000 miles. 

Second Regiment, Infantry — Organized No- 
vember 29, 1861. The Santa Clara County men 
in this regiment were generally credited to 
Mayfield. T. C. Winchell was adjutant; Mont- 
gomery Maze (afterwards a searcher of rec- 
ords in San Jose), \yas second lieutenant of 
Company A and C. P. Fairfield was first lieu- 
tenant of Company I. 

Third Regiment, Infantry — Organized in 
1861. Served in Utah and 'Colorado. J. C. 
Alerrill was captain of Company B. There 
were Santa Clara County men in Companies 
D, E and G. William J. Colahan, deceased, 
was in Company G. 

Eighth Regiment, Infantry — Company C 
was organized in San Jose in 1864. After be- 
ing mustered in, the regiment was stationed at 
Fort Point, California. 

First Battalion of Mountaineers — Organized 
in 1862. Served in the mountain campaigns 
against the hostile Indians in California and 
Nevada. George W. Owsley was captain of 
Company B. 

First Cavalry Regiment — Company E organ- 
ized in August, 1861. Served in Arizona, New 
Mexico and Texas. Engaged against the 
Kiowa, Comanche, Navajo and Apache In- 
dians. There were also Santa Clara men in 
Companies I and L of this regiment. 

First Battalion of Native Cavalry — Company 
A was organized in 1863 by Captain J. R. Pico. 
Served in California and Arizona. The bat- 
talion was composed mainly of native Cali- 
fornians. 

In addition to the foregoing troops, the fol- 
lowing organizations were held for state 
service : ' 

First Regiment, Cavalry — Company E : H. 
M. Leonard, captain; E. Vandyne. first lieuten- 
ant; D. J. Burnett, second lieutenant; H. C. 
Morrell, Jr., third lieutenant. Si.xty men in 
the company, all armed. 

Company I, Burnett Light Horse Guard — J. 
R. Hall, captain; P. Henry, first lieutenant; J. 
Chrisman, senior second lieutenant; .A.. J. Fow- 
ler, junior second lieutenant. Fifty men in the 
company, all armed. 

Company K. New .\lmaden Cavalry — L. F. 
Parker, captain: J. P. Dudley, first lieutenant; 



HISTORY OF SANTA CLARA COUNTY 



133 



H. H. Curtis, senior second lieutenant: A. F. 
Foster, junior second lieutenant. Forty men 
in the company, all armed. 

National Light Artillery — S. O. Houghton, 
captain; C. T. Henley, first lieutenant; Jacob 
\\'eigant, junior first lieutenant ; N. P.. Ed- 
wards, senior second lieutenant ; Edward Ladd, 
junior second lieutenant. 

Fifth Regiment, Infantry — A. Jones Jackson, 
colonel ; A. B. Rowley, lieutenant-colonel ; J. 
Porter, major; J. O. Wanzer, adjutant; Chas. 
N. Senter, regimental quartermaster ; A. J. 
Cory, surgeon. 

Company A, Union Guard — Chas. P. Crit- 
tenden, captain ; E. J. Morton, first lieutenant ; 
George Evans, senior second lieutenant ; N. 
Klein, junior second lieutenant. Sixty men, 
armed with rifles. 

Company B, San Jose Zouaves — A. W. 
White, captain ; M. Campbell, first lieutenant ; 
F. B. Fuller, senior second lieutenant ; W. T. 
Adel, junior second lieutenant. Eighty men, 
armed with rifle muskets. 

Company C, Alviso Rifles— Thatcher F. 
Barnes, captain; John Root, first lieutenant; 
Edward W. Williams, senior second lieuten- 
ant; Charles E. Morrison, junior second lieu- 
tenant. Sixty men, armed with rifle muskets. 
Company E. Gilroy Guards — John H. Ad- 
ams, captain; William O. Barker, first lieuten- 
ant; William Van Gundy, junior second lieu- 
tenant. Forty men, armed with rifle muskets. 
Company H, Santa Clara Guard — William 
H. Swope, first lieutenant; W. H. Menton, 
senior second lieutenant ; A. F. Harlow, junior 
second lieutenant. Sixty men, armed with 
rifle muskets. 

Johnson Guard, unattached — John M. Mur- 
phy, captain ; N. B. Edwards, first lieutenant ; 
J. F. Faulkner, senior second lieutenant; P. W. 
Riordan, junior second lieutenant. Fifty men, 
armed with muskets. 

In 1864 a company of men, representing the 
Confederate government, was organized for 
the purpose of raising money for the Confed- 
erate cause by robbing stages and banks in 
California. Several recruits were obtained in 
Santa Clara County. In May of that year two 
Wells-Fargo stages were stopped near Placer- 
ville by this band, then under the command of 
Ralph Henry, alias Ingraham. He gave a re- 
ceipt for the several hundred pounds of bul- 
lion taken from the stages, stating that he was 
acting for Jefferson Davis. A day or two after 
the robbery Deputy Sheriff Staples of El Do- 
rado County came upon the gang in a house 
in the mountains, and without sufficient assist- 
ance attempted to arrest them. He was killed 
in the attempt. A man named Poole was 
wounded in the fight and captured. The other 
members of the band escaped. The captive 



made a confession, in which he named the 
members of the gang. 

On the night of Thursday, July 14, between 
nine and ten o'clock, three men called at the 
house of a Mr. Hill on the New Almaden road, 
a few miles from San Jose, and asked permis- 
sion to stay overnight, stating that they were 
looking for some friends who would pass that 
way. Air. Hill directed them to an unoccupied 
building close by, saying that if they could put 
up with such poor accommodation they were 
welcome to the use of it. The three men re- 
mained in the building all night and all the 
next day. Thinking that the actions of the 
men were rather suspicious. Hill came to San 
Jose and told his story to the officers. Sheriff 
John H. Adams at once organized a posse, con- 
sisting of Deputy Sheriff's G. W. Reynolds, 
Fred ^lorris and j. M. Brownlee, Marshal Pot- 
ter, Constable Scott and Citizens Senter, 
Wiles. Bowman and Gould, and proceeded to 
the Hill ranch. They arrived at night. The 
building was surrounded and Sheriff Adams, 
in a loud voice, commanded the three men to 
come out and surrender. But the men, who 
were members of the Ingraham gang, had re- 
solved to sell their lives dearly. Rushing out. 
thev commenced firing at the officers. During 
the' fusillade John Creal, one of the robbers, 
received three bullet wounds, either of which 
would have caused his death. He was brought 
to San Jose and died an hour after his arrival. 
Ab. Gillespie, or Glasby, another of the trio, 
had the handle of his pistol shot away, his 
clothes were perforated with bullets, but no 
wound was inflicted. He was soon overpow- 
ered and handcuffed. John Clendennin, the 
third robber, after firing twice point-blank at 
Sheriff Adams, and receiving a settler in re- 
turn, jumped over a fence and fled in the di- 
rection of The Willows, wdiere he was found 
about midnight, in a dying condition, bv Un- 
der Sheriff R. B. Hall and J. R. Lowe. Jr., of 
another party who had gone in search of the 
fugitive. He was taken to the county jail and 
died the next day. 

One of the shots from Clendennin's pistol, 
aimed at Sheriff Adams' heart, struck a watch 
in the pocket of his vest and then glanced into 
the body, inflicting a slight wound. Brownlee 
received two flesh wounds in the leg. Creal 
fired eight shots before he fell and was at- 
tempting to use his pistol after he was down, 
but was prevented from doing so by Deputy 
Sheriff Reynolds. When found in The Wil- 
lows, Clendennin had two revolvers and a bag 
of gold dust on his person. It was believed 
that the object of the three men in stationing 
themselves on the New Almaden road was to 
rob the stage as it came along with gold to pay 
the miners on the hill. 



134 



HISTORY OF SANTA CLARA COUXTY 



Aniitlier meml)er of the Confederate band 
was John Grant, who, having had difficulty 
with Captain Ingraham, determined to play the 
role of a lone highwayman. In July word 
came that he was in San Juan and would 
shortly pay a visit to a young woman who 
lived near Forbes' mill, Los Gatos. Under 
Sheriff Hall, accompanied by Charles Potter 
and John Ward, went to Los Gatos and located 
the house where Grant was staying. He was 
in bed and the arrest was easily accomplished. 
As the officers and their prisoner were prepar- 
ing to leave, Grant, though handcuffed, seized 
Hall's gun and rushed for the door, Hall after 
him. Grant tried to use the gun. but the hand- 
cuffs were in the way and he was seized just 
as he reached the outer door. , At the moment 
of the rearrest someone of Hall's party fired 
both barrels of a shotgun at Grant, severely 
wounding him. He was brought to San Jose 
and lodged in jail. 

It was during war times that the ]\Iethodist 
Church at Berryessa was burned to the ground. 
The act was attributed to one or more mem- 
bers of the Dick Baker gang of Confederates, 
whose operations in aid of the Southern cause 
were mainly in the line of horse-stealing. The 
gang was finally scattered, some members go- 
ing to the Southern States, others to Arizona 
and Mexico. 

When the news of the assassination of Abra- 
ham Lincoln reached San Jose there was at 
first a stillness as if the population had been 
stricken with mental paralysis. Then excite- 
ment grew until it reached fever heat. The 
residents were composed of two elements, the 
northerners and the majority of the western- 
ers who upheld the cause of the Union ; and 
the southerners and southwesterners, who 
sympathized with the cause of the Confeder- 
acy. Good, honest, substantial men on each 
side, but divided in opinion by the effect of 
early environment. Among the Confederate 
sympathizers were many of San Jose's promi- 
nent men. In the country districts the same 
conditions prevailed. While the excitement 
over the death of Lincoln was at its height 
some of the southerners were so indiscreet as 
to publicly express their joy over the death of 
a man who had been pictured to them as a 
human gorilla and a negro lover. The Union 
men were in a majority and whenever an anti- 



Union sentiment found utterance the speaker 
was quieth- placed under arrest. Several prom- 
inent citizens were conveyed to Alcatraz 
prison, San Francisco Bay, but their term of 
imprisonment was short, for after partisan 
bitterness had been partially allayed their re- 
lease was ordered and they came back to their 
farms and business. 

It was while arrests were being made that a 
tall countryman passed the Auzerais House 
shouting, "Hurrah for Jeft." He was promptly 
seized by indignant Unionists and would have 
been hustled off to jail if he had not made vig- 
orous and what seemed to be honest protest. 
"Why, I'm no reb," he declared. "I didn't 
mean Jeff Davis when I hurrahed. I meant 
the milkman — George H. Jefferson. I was 
having a bit of fun ; had been taking a few 
drinks and wasn't at myself. That's true, 
boys, as true as preaching." His captors looked 
at the smiling face, noted the alcoholic condi- 
tion of the man, and concluded to give him 
the benefit of the doubt. 

A short time before Lincoln's death a num- 
Ijer of San Jose young men, born in the South 
and filled with the desire to do something for 
the Confederate cause, met in secret and con- 
cocted a scheme to ride into San Jose some 
morning after the stores had opened and there 
were few people about, and rob safes and tills, 
hoping by this daring operation to secure 
enough money to take them out of the state 
find into Confederate territory. The plot had 
been fully arranged and all was ready for the 
raid when the news of Lincoln's assassination 
arrived. In the excitement over the event the 
scheme was dropped. The story of it was told 
to the historian years afterwards by one of 
the plotters, a man who stood high in the esti- 
mation of his fellow-citizens. He seemed to 
regard the affair as a joke, though he was 
glad that the robbery had not been attempted. 
He died many years ago and not one of his 
associates is now in the land of the living. 

Times have changed since the days of the 
Civil W'ar. Nowadays veterans of the South- 
ern Confederacy meet, shake hands and ex- 
change reminiscences with the veterans of the 
Grand Army of the Republic. Not only that, 
but their sons and grandsons bunk and fight 
together as Americans. This is as it should be. 



CHAPTER XII. 

The Fruit Industry of the County — The Largest Prune Producing Section in 
the State — History of the Development — Introduction of the French 
Prune — The First Fruit Cannery — The Vineyards and OHve Orchards — 
When Artesian Water Was First Obtained — Farm Loan Board — CaH- 
fornia Prune and Apricot Growers, Inc. — Some Interesting Statistics. 



Santa Clara County is the banner fruit- 
producing county of the state. In 1919 there 
were 98,152 acres planted in fruit trees and 
2,850 acres in vines. The total acreage of ce- 
reals, vegetables and berries was 86,695. The 
live stock numbers 62,248; value $1,288,175. It 
is the prune center of America. More prunes 
are grown in this valley than are produced in 
the whole United States outside. In 1919 the 
number of prune trees was 7,652,000. Apricots 
came ne.xt with 665,000, peaches third with 
482,000, and cherries fourth with 380,000 trees. 
In 1919 the orchardists of the county received 
about $49,000,000 from the products of their 
trees. This was irrespective of the money 
made by the canners and packers. The grow- 
ers might not have obtained high prices had 
it not been for the efforts of the California 
Prune and Apricot Growers, Inc., an organiza- 
tion perfected three years ago for the purpose 
of creating stable prices and protecting the 
orchardists of California. In 1919 it operated 
with 75 per cent of the prune and apricot acre- 
age of the state. In December of that year a 
campaign to hold, if not increase, its strength 
resulted in the securing of about 80 per cent 
of the acreage. The association occupies a 
large, handsome and commodious building on 
the southeast corner of Market and San An- 
tonio Streets, employs a large force of men 
and women and does business every month 
in the year. The officers are: T. S. Mont- 
gomery, president ; W. A. Yerxa, vice-presi- 
dent : H. G. Coykendall, general manager; H. 
C. Dunlap, secretary and treasurer, and J. T. 
Brooks, manager of Growers' Information Bu- 
reau. T. S. Montgomery, H. G. Coykendall, 
W. G. Alexander, H. C. Dunlap and A. Kam- 
merer form the executive committee. The di- 
rectors are W. A. Yer.xa, Princeton; H. C. 
Dunlap, Yountville; Mark L. McDonald, 
Santa Rosa; G. C. Alexander, Healdsburg; T. 
S. Montgomery, San Jose; H. G. Coykendall, 
Cupertino; J. O. Hayes, San Jose; A. Kam- 
merer, San Jose ; Nathan Lester, Santa Clara ; 
L. E. Mills, Santa Paula; C. G. Hamilton, 
Hemet, and W. J. Fulgham, Visalia. In 1921 
a campaign resulted in giving the association 
control of over 80 per cent of the state acre- 



age for the next seven years. All the officers 
were reelected. 

As Santa Clara County is the largest fruit 
district in California, it follows as a matter of 
course that it is the largest canning and pack- 
ing district in the state. There are (1922) 
thirty packing houses owned and oper- 
ated by the California Prune and Apricot 
Growers, Inc., nine affiliated with that organ- 
ization and eighteen independent packers, 
most of them operating in San Jose. There 
are forty canning factories in the county. 
One of these, the Co-operative plant, is the 
largest in the world. In 1921 it absorbed 
30,000 tons of fruit and employed nearly 1,000 
people. In the busy season of that year the 
combined county payroll reached over two 
million dollars. A number of new canneries 
and factories will be built this year, for the 
business is increasing by leaps and bounds. 
There are several dehydrating plants in the 
county to take care of grapes, strawberries, 
prunes and other fruits and berries. 

Practically all varieties of fruits and vege- 
tables except the tropical ones can be grown 
successfully in Santa Clara County. The prox- 
imity of the center of population and the ex- 
cellent transportation facilities have been great 
aids in the development of the valley. 

The history of the fruit industry in the 
county is an interesting one. The adaptability 
of the climate and soil for horticultural pur- 
poses became apparent long before the first 
Americans visited the valley. The Fathers 
who planted the Missions, planted orchards 
at the same time, and found a full return for 
all their labor. The fertility of the soil was 
supplemented by a peculiarity of climate that 
enabled trees to grow many more weeks in the 
year than in other countries, while during the 
season of rest there was no freezing weather 
to chill their sap or delay their progress in the 
spring. The result was that a very few seasons 
brought orchards to a condition of fruitfulness. 
.\11 this was demonstrated by the e.xperience of 
the Fathers at the Missions, but even with this 
e.xperience before them, the early horticultur- 
ists of the valley were astonished by the re- 
sults of their work. 



136 



HISTORY OF SANTA CLARA COUNTY 



The Mission orchard at Santa Clara was the 
only source of fruit supply to the valley for 
many years. It furnished stock for the few 
orchards that were planted in the early years 
of the American occupation. These plantings 
were few at first, o^ving to the gold excite- 
ment, but when people began to return from 
the mines the plantings became more numer- 
ous. The scarcity of fruit and consequent high 
prices gave a great stimulus to horticulture. 
Apples imported from San Francisco sold for 
a dollar apiece, and other fruits in proportion. 
The first orchards planted after the Ameri- 
can occupation, with the exception of a few 
I>rivate trees, were by E. W. Case, William 
Daniels and Joseph Aram. Case's orchard 
was about 350 trees and was on property front- 
ing on the Alviso road. Aram's orchard was 
of twenty acres and was situated where the 
Woolen Mills were afterwards built. Daniels' 
orchard was about one acre and was in the 
northern part of town, on a tract lying be- 
tween Julian and St. James, Market and First 
streets. Part of the trees planted by these 
San Joseans were furnished by a man named 
Ganz and were brought from Ohio. This was 
in 1852. In the succeeding year Case and Aram 
imported more trees from the nursery of 
Charles Hovey. Cambridge, Massachusetts. 

One of the popular fall eating apples of Cen- 
tral California is the Skinner seedling. It is 
a San Jose production and originated from 
seeds brought across the plains" by the late 
Judge Henry C. Skinner. He was one of the 
pioneer orchardists of the city and one of the 
promoters of the Santa Clara' County Agricul- 
tural Society. He arrived in San Jose in 1850 
and purchased the family residence of Harry 
Bee at the northwest corner of Julian and 
Nineteenth (then Fifteenth) streets. The 
grounds were spacious, extending to Coyote 
Creek, and were enlarged by the purchase of 
many acres in what is now East San Jose. 

In the spring of 1852 Commodore Stockton, 
who then owned the Potrero de Santa Clara 
rancho, which lies between San Jose and 
Santa Clara, imported from Hovey's Massa- 
chusetts nursery a large number o'f trees for 
the purpose of starting a nursery. With these 
trees came a professional botanist named Shel- 
don, with B. S. Fox and Thomas Egan as as- 
sistants. Sheldon died on the Isthmus and 
Fox took charge of the enterprise, Egan as- 
sisting. With the party came also J. F. Ken- 
nedy as salesman and commercial agent. The 
nursery was established in .Vpril, 1853, and for 
some time was the depot for nursery supplies 
for the valley. The trees consisted of apples, 
peaches, pears, plums, nectarines and apricots. 
With this importation came also the first 
strawl)erries grown in the county. 



In 1854-55 a Frenchman named Lavalle im- 
ported fruit trees and planted them in both 
nursery and orchard form on the property ly- 
ing north and west of Julian Street and owned 
by Peter O. Minor. He planted two acres and 
afterwards removed the trees to the west side 
of the Coyote on the property of the late Ed- 
ward McLaughlin. In 1855-56 he had a very 
large collection of trees in his nursery, which 
he afterwards sold to H. H. Winchell, China 
Smith and William Smith, and they continued 
the nursery business for some years thereafter. 
L. A. Gould and B. F. Walkins planted three 
orchards and nurseries at Santa Clara at about 
the same time. J. A. Ballou, who was at that 
time employed in the Case orchard, and who 
at ninety-five years of age is still living, says 
that from the 300 trees planted then, about 
800 pounds, mostly apples, were produced. 

During 1856 the State Horticultural Society 
held a fair in San Jose, and from the exhibi- 
tion the reputation of Santa Clara County 
fruit spread and people came hundreds of 
miles to see it. 

In 1853 a Horticultural Society was formed 
in San Jose. The meeting for the organization 
was held on the grounds of Louis Prevost un- 
der a giant live oak tree. There were present 
William Daniels, Louis Prevost, Louis Pellier, 
J. R. Bontemps, B. S. Fox and E. W. Case. 
Nearly all the old-time fruit growers became 
members. The names of Joseph Aram, R. G. 
Moody, Davis Divine, L. A. Gould and John 
Llewelling appear in the list. This pioneer 
society afterwards united with the Agricul- 
tural Society. Both societies ceased to exist 
many years ago. 

In 1856 nearly all of these early orchards 
had commenced to bear, and the quality of the 
fruit and the promise of extraordinary produc- 
tion gave these pioneer orchardists an idea of 
the remarkable resources of climate and soil. 
This year stands out prominentl)- as the date 
of the introduction of the French prune to this 
county, and in fact, to this coast. The fruit 
has become a standard and will always remain 
a favorite with orchardists. The history of its 
first importation is as follows : Louis Pellier, 
a vine and fruit grower of France, had come to 
California in the winter of 1848-49. After try- 
ing his fortune in the mines he journeyed to 
San Jose in 1850 and purchased a tract of land 
fronting on the west side of San Pedro near 
St. James Street. The tract was for years 
known as Pellier's Gardens. Here he planted 
a nursery and orchard and cultivated flowers 
and plants. His brother, Pierre, had come out 
a year before and was assisting him at his 
work. When Pierre arrived he brought with 
him the cuttings of some of the finest varieties 
(if grapes, among them the Black Burgundy, 



HISTORY OF SANTA CLARA COUNTY 



137 



Chasselas Fontainebleau and Madeleine. In 
1854 Louis Pellier sent Pierre back to France 
with instructions to go through Burgundy and 
other parts of the country and secure the best 
varieties of fruit grown in each section. Pierre 
was assisted by his brother John, and two 
years were spent in gathering stock. When 
they returned to San Jose they had cuttings 
of the Petit prune, Gros prune and many va- 
rieties of cherries, pears and plums. The Petit 
prune at first was not very popular, but it was 
finally brought to the attention of John Rock, 
who recognized its value and soon popular- 
ized it. 

B. S. Fox in 1853 established a nursery of 
his own on Milpitas road. He had with him 
Thomas Egan and the acreage was soon in- 
creased to 200 acres. Fox was not only a pio- 
neer fruit grower, but a man of great scientific 
knowledge. A large orchard was developed 
from the nursery and to his enthusiasm Santa 
•Clara County owes much of its early horticul- 
tural development. He died in 1881 and his 
landed property was left to his nephew, R. D. 
Fox, who conducted the nursery successfully 
for many years and then became connected 
with the California Nursery at Niles. 

In 1854 came James R. Lowe. He was an 
Englishman by birth and a professional botan- 
ist. He had been engaged in some of the most 
prominent landscape garden operations of the 
English nobility and had come to the United 
States to superintend some work for New Eng- 
land nurserymen. He came to California at 
the request of Major S. J. Hensley, of San 
Jose. He laid out the famous Hensley grounds 
on North First Street, which up to the time 
they were subdivided into lots contained more 
rare plants than any similar area in the state. 
Mr. l,owe nas in constant communication with 
the superintendent of the Duke of Devonshire's 
gardens, and hardly a mail was received at the 
San Jose postofifice that did not contain some 
rare plant, bulb or cuttings from the Duke's 
gardens. 

J. Q. A. Ballou went into the fruit business 
on his own account in 1856. At that time he 
purchased the place on the Milpitas, after- 
wards occupied by him as a homestead, and in 
February, 1857, he planted about 500 trees, 
principally apples and pears. In 1858 he added 
1500 more trees. In 1861 he procured from 
Louis Pellier grafts for fifty French prune 
trees. From these grafts he had his first crop 
of prunes in 1867. In 1868 he dried eleven 
tons of fruit for the Eastern market. 

The plantings in the celebrated Willow Glen 
district were commenced as early as 1868, 
when W. C. Geiger set out a portion of his 
cherrv orchard on what is now Willow Street. 
In 1862 C. T. Settle planted an orchard of ap- 



ples and pears on what is now the northeast 
corner of Lincoln and Minnesota avenues. At 
that time this district was covered by a dense 
growth of willows and the lower portion was 
subject to overflow by the Guadalupe River. 
The only road was El Abra, since called Lin- 
coln Avenue, and the main central portion of 
the district was owned by Settle, Cottle and 
Zarilla Valencia. Settle was soon followed by 
Royal and Ira Cottle, wdio also planted apples 
and pears. Soon afterwards Miles Hills and 
a Mr. Sampson purchased the Valencia tract 
and subdivided it into ten-acre lots. The first 
experiment was with stra.wberries. The ven- 
ture was so profitable that it created great ex- 
citement and soon everybody in The Willows 
was planting strawlierries. The industry flour- 
ished for some years and then came into com- 
petition with the strawberry growers on the 
lowlands near the bay. Here the artesian wells 
gave a great flow and The Willows people 
could not pump water and successfully com- 
pete with their lowland neighbors. They con- 
verted their berry patches into orchards. 

One of the earliest orchards of the county 
was that of D. C. Vestal, on Twelfth Street 
near the Berryessa road. It was started in 
1854 and was devoted mainly to apples and 
pears. It was on Vestal's place that the Moor- 
park apricot was first propagated for rriarket. 
George Hobson, who had an orchard and nur- 
sery on the tracts afterwards occupied by L. 
F. Sanderson and now known as Luna Park, 
had two of these trees, but held them in little 
estimation on account of their irregularity in 
ripening. From these trees Vestal procured 
buds and worked them into a few trees on his 
place. When the fruit appeared he was so 
greatly pleased with its size and flavor that, 
in 1869, he planted three acres. His experi- 
ments attracted attention and the Moorpark 
came into universal favor. The Vestal tract is 
no longer an orchard. A few years ago it was 
subdivided into building lots and but few of 
the old trees remain. 

As there were varieties of fruit which could 
not wholly be taken care of by the canners, a 
company was formed in July, 1874, to meet 
the situation. It was called the "Alden Fruit 
and Vegetable Preserving Company," and the 
projectors were W. H. Leeman, F. C. Lee- 
man, C. T. Settle, Ira Cottle, Royal Cottle, 
Oliver Cottle, S. Newhall, W. W. Cozzens. R. 
C. Swan, K. D. Berre. A. D. Colton, Miles 
Hills, J. M. Battee, T. B. Keesling, M. Hale 
and Pedro de Saisset. They purchased an 
Alden evaporator and placed it at the corner 
of the San Salvator Street extension and Jo- 
sefa Street. During the few years of its ex- 
istence the company turned out some good 
fruit, but the machinery was not adapted for 



138 



HISTORY OF SANTA CLARA COUNTY 



the work, so the company concluded to retire 
from business. \V. W. Cozzens and G. A. and 

C. F. Fleming afterwards tried evaporating, 
with marked success. The business was dis- 
continued about twenty years ago. 

At this time The Willows was the principal 
orchard section of the county. The older 
orchards of Ballou, Tarleton, Aram, Vestal 
and others were north- of San Jose and David 
Hobson had an orchard near Berryessa. The 
orchards of Gould and Walkins were at Santa 
Clara and there were others in other places, 
but The Willows section was nearly all planted 
to fruit and it came to be believed by many 
that this was the only section in the county 
where the fruit industry could be successfully 
conducted. There is a record of one man who 
owned a fine place in Berryessa, who bought 
a tract of ground in The Willows in order to 
have an orchard. That same Berryessa farm 
is now one of the most promising orchard 
places in the valley. 

In 1856 Lyman Burrell planted fruit trees 
and vines in the mountains above Los Gatos. 
This was the first planting in the mountains. 
In 1873 an almond orchard, now absorbed by 
the town of Los Gatos, was planted, and in 
1874 J. F. Kennedy, in the hills east of Los 
Gatos, planted a small orchard. In 1876 W. 

D. Pbllard planted twenty acres two miles 
north of Saratoga and the next year the once 
famous O'Banion & Kent orchard was started. 
William Rice planted an orchard in the same 
neighborhood. These men were looked upon 
as fools. It was at first predicted that the 
trees would not grow in such dry, thin soil. 
When the trees did grow it was prophesied 
that they would never have vigor enough to 
bear a paying crop. At six years old they 
yielded about $500 per acre (a large amount 
of money for those times), and then came the 
prediction that they would die out in a few 
years. But as time passed and the trees did 
not die, the scoffers accepted the facts and be- 
gan to plant for themselves. 

The orchard interests of Berryessa are not 
of an early date. Following David Hobson, 
with his small orchard, came J. H. Flickinger 
and the real development of one of the richest 
fruit sections of the state really began. The 
story of the Berryessa development will be 
told in the chapter relating to the prosperous 
towns of the county. 

In 1856 Sylvester Newhall built a nursery 
and planted an orchard in The Willows. In 
1863 John Rock established a small nursery 
on land near Alviso. He soon moved to the 
Boots place and in 1865 purchased forty-eight 
acres on the Milpitas road near San Jose and 
planted a nurserv of fruit and ornamental 
trees. In 1879 this place became I.m. small f..r 



his operations, so he purchased 138 acres. The 
rapid strides of the California fruit interests 
made such demands on the Santa Clara County 
nurseries that in 1884, Rock, with R. D. Fox 
and several other nurserymen, organized the 
California Nursery Company and purchased 
463 acres near Niles, which were planted in 
trees and garden stock. The nursery, en- 
larged and beautified, is still running, though 
John Rock has been dead for many years. . 

The San Tomas orchard, a mile southeast of 
Saratoga, was planted bv T. W. Mitchell in 
the early '80s. In 1880'G. A. Gardner pur- 
chased the tract on the Los Gatos road on the 
northeast corner of what was afterwards called 
"Orchard Homes." Newhall's forty-acre 
prune orchard was planted in 1883, and about 
this time fruit tree planting was carried around 
Campbell's Station and along the Infirmary 
and Grewell roads. The Bradley prune orch- 
ard was planted in 1875. The large plantings 
north and west of Santa Clara, together with 
those of the Doyle, Cupertino and other dis- 
tricts, date from 1880. Following came plant- 
ings in and about Evergreen and along the 
Monterey road. 

There are but few orchards in the immedi- 
ate vicinity of Milpitas, but the hillsides to the 
east have been utilized by Portuguese garden- 
ers for the planting of potatoes, peas, beans 
and other vegetables for the midwinter market. 

It would hardly be possible to give the 
names of the owners and dates of planting of 
all the orchards in the county. Among the 
biographical sketches in this book will be 
foimd the experiences of very many of the 
county's leading fruit growers, and these 
sketches are intended to fill up the details of 
this general history. 

To wander among the great orchards in 
summer, when every tree is bending beneath 
its wei,ght of fruit — purple prunes, golden ap- 
ricots and yellow peaches tinted with the 
crimson hues of wine — is to walk in a terres- 
trial paradise like Adam before the Fall. Eves 
there are in plenty, bright-eyed, ruddy-cheeked 
daughters of California, who will tempt you 
to eat your fill of the refreshing fruit, which 
you may do without fear, within reasonable 
limits. 

As the orchards of the valley increased in 
number and bearing capacity, the fruit grow- 
ers began to fear that perhaps the crops would 
be wasted for the reason that no one had yet 
attempted to preserve them for market. But 
the danger was averted by the enterprise of 
Dr. James M. Dawson, the pioneer fruit can- 
ner and packer of the valley. He put up the 
first canned fruit for market in 1871. From 
observation of the superior quality of fruit 
ijfrown in the vallev, he foresaw the marvelous 



HISTORY OF SANTA CLARA COUNTY 



139 



possibilities of the climate and soil for fruit 
production as a factor of commerce on the 
Pacific Coast, and he also realized that for the 
fruit industry to attain any importance it was 
a prime necessity that means should be pro- 
vided to prepare and preserve the fruits in the 
immediate vicinity of the orchards. Acting 
upon these convictions and stimulated by the 
wise counsel and hearty co-operation of his 
wife, he resolved to start a fruit cannery in 
this valley. An ordinary cooking range was 
purchased and placed in a 12x16 shed kitchen 
in the rear of their residence on the Alameda: 
and on this the fruits were all heated before 
being placed in the cans. The fruits were o!")- 
tained from orchards in the neighborhood and 
the season's output, consisted of 350 cans 
The next year the base of operations was 
changed to San Jose, the "cannery being lo- 
cated in an orchard at the corner of Six- 
teenth (now Twenty-first) and Julian streets. 
W. N. Stevens, a brother-in-law, was taken in 
as partner. The pack that season was double 
that of the first. 

In 1872 Lendrum & Company, grocers, 
joined the firm and a large building was erect- 
ed on the corner of Fifth and Julian streets, 
in which the pack of that season — nearly 800 
cans — was made. A year or two later the 
business was incorporated under the title of 
the vSan Jose Fruit Packing Company, Dr. 
Dawson being made president. The plant was 
enlarged and the pack increased to 25,000 cans 
a year. The business continued until 1878 
when Dr. Dawson disposed of his interest and 
retired. 

In 1879 Dr. Dawson returned to his place 
on the Alameda and resumed the business in 
a moderate way in a building erected in the 
rear of his residence. The following year he 
took in his son, E. L. Dawson, as an equal 
partner, the firm title being, "The J. M. Daw- 
son Packing Company." The plant was en- 
larged from year to year. In 1883 Dr. Dawson 
retired. He died in 1885 and his son contin- 
ued the business. 

.^.nother pioneer packing company, the 
Golden Gate, was incorporated in 1877. Since 
then it has grown to be one of the largest 
fruit packing establishments on the Pacific 
Coast. The plant is on Third and Fourth 
streets, between Julian Street and Hensley 
-Avenue. In 1881 the entire works were de- 
stroyed by fire. New and larger buildings im- 
mediately succeeded the old ones and the best 
and most approved machinery was secured. 
Geo. M. Bowman was superintendent and 
manager for over twenty years and at his 
death the management was assumed by Elmer 
E. Chase, whose rare business ability was 
exhibited in many improvements and a large- 
ly increased output. In 1917 the packing house 



passed into the hands of the Hunt Bros., who 
own packing houses in several sections of 
Central California, Mr. Chase joining forces 
with the Richmond Company. 

The Los Gatos Fruit Packing Company was 
organized in 1882, with fourteen stockholders 
and the following officers: Samuel Temple- 
ton, president; James E. Gordon, secretary; 
J. W. Lyndon, treasurer; Robert Walker and 
Michael Miller, directors. The institution 
commenced work in a building 60.x80 feet, 
with machinery capable of handling 5000 cases 
in a season. The plant was steadily increased, 
new buildings were erected and every means 
taken to meet the demands of the trade. But 
dull times came, the company became insol- 
vent and in 1888 went out of business. 

During the eighties the fruit industry in- 
creased by leaps and bounds, vineyards, pas- 
ture and grain lands were converted into fruit 
orchards until the county became one vast 
orchard — the largest fruit producing section 
in the world. In 1886 the consumers of fruit 
in the East became convinced that the prunes 
grown in Santa Clara County were superior 
in quality to those grown in France. This su- 
periority is due to two causes : First, because 
the peculiar soil and climate of the county 
induces a thriftier growth, a more perfect ripen- 
ing of the fruit and complete development of 
the sugar ; second, because of the method of 
curing practiced here. In France the process 
through which the prunes are carried results 
in cooking the fruit to a greater or less ex- 
tent. This renders it soft and pleasant to 
eat, but when made into sauce it loses much 
of its flavor. In the California process where 
the fruit is cured by exposure to the sun, no 
cooking results and the fruit retains its full 
flavor. 

The present main strawberry section of the 
county lies north of San Jose and Santa Clara, 
toward Milpitas and Alviso. The first per- 
son to go into business in this district was 
Mr. Cary Peebles, who planted a few acres in 
1868 on the place afterward owned by Mr. 
Agnew at Agnew's Station. His success in- 
duced other plantings and in a short time 
the whole belt of country where flowing ar- 
tesian water was available was engaged in 
this industry. In late years strawberry cul- 
ture has been undertaken north of Berryessa 
in other sections of the valley. Large tracts 
of land have been leased by Japanese and 
Chinese and now (1922) the Orientals con- 
trol the bulk of the valley's berry output. 

The following showes the annual orchard 
production of Santa Clara County : Apples, 
10,000 tons: apricots, 25,000 ton's; cherries, 
10,000 tons ; grapes, 40,000 tons ; peaches, 25,- 
000 tons: pears, 18,000 tons; prunes, 60,000 
tons ; plums, 37,700 tons ; almonds, 200 tons ; 



140 



HISTORY OF SANTA CLARA COUNTY 



walnuts. 300 tons; berries (strawberries, 
blackberries and loganberries), 65,000 chests. 
Olive industry fairly large, producing both 
ripe pickled olives and olive oil. 

Soil productions — Sugar beets (for refiner- 
ies). 150,000 tons: beans (canning), 500 tons; 
peas (canning), 150 tons; spinach (canning), 
1,000 tons; tomatoes (canning), 60.000 tons; 
potatoes (fall), 1,000 tons; potatoes (early), 
1,500 tons; other vegetables (caljbage, cauli- 
flower, celery, artichokes, lettuce, squash, 
corn, onions, etc.), 2,500 tons. 

Annual exportations, domestic and for- 
eign — Canned fruits, berries and vegetables, 
100.000 tons; dried fruits, 65.000 tons; green 
fruits, 12,000 tons; garden seeds. 1,000 tons; 
miscellaneous soil products, 2,000 tons. 

Forty per cent of the prunes are sold in 
foreign markets and 60 per cent in domestic 
markets ; 20 per cent of the canned fruits find 
foreign markets and 80 per cent domestic 
markets. The forty canneries in San Jose and 
Santa Clara County put out approximately 
one-third of the entire canned output of Cali- 
fornia. 

The total acreage of orchards of various 
kinds of fruits in Santa Clara County, in 
round numbers, is as follows: Apples, 1,200 
acres ; apricots, 7,000 acres ; cherries, 4.000 
acres ; figs, 40 acres ; olives, 250 acres ; peaches, 
5,000 acres; plums, 11,500 acres; prunes, 80,- 
000 acres, dried ; pears, 3,500 acres ; lemons, 
200 acres; limes, 10 acres; oranges, 40 acres; 
pomelos, 10 acres; grapes, 10,000 acres; al- 
monds, 400 acres; walnuts, 1,000 acres; total 
124.150 acres. 

There are 2,850 acres of vineyards in Santa 
Clara County. The acreage has been larger, 
but the rapid growth of the fruit industry 
induced many vineyardists to uproot their 
vines and plant fruit trees. When the Pro- 
hibition law went into efifect in 1919 the vine 
growers of the state predicted disaster to their 
business, but the result has shown that they 
were mistaken. In 1919 the growers of Santa 
Clara Count)- made more money than was 
made by them in any year while there was 
lawful sale for their grapes and wines, the 
demand coming from the East and Europe. 
Now wine grapes are dried by dehydration, 
several plants being in operation. Of course 
Prohibition did not afifect the sale of table 
grapes. These are grown in the foothills 
mostly and are of superior quality and size. 

Hefore tjie American occupation vines were 
planted here and there through the valley 
from cuttings procured from the mission, but 
these plantings could hardly be called vine- 
yards. The first planting of any magnitude 
was made by Charles Lefranc at the New 
Almaden vineyard in 1852. In 1857 he mar- 
ried Miss .Adele Thee, whose father Etienne 



Thee, owned a half interest in a tract of land 
where the New Almaden vineyard \vas after- 
wards located. Mr. Lefranc purchased the 
other half in 1851 and afterward came into 
ownership of the whole tract. 

Thee had planted a few mission vines on 
the place before Lefranc took charge. The 
area was then increased, finer varieties be- 
ing added. The early importations were in 
1854 and were made through the house of 
Henry Schroeder, whose agent in France act- 
ed for Lefranc in securing cuttings. The 
first installment arrived and each succeeding 
season saw additions to the varieties. The 
Verdal was introduced into this country by 
Mrs. Lefranc in 1859. She brought the cut- 
tings on horseback from the Canada Raymude 
ranch and they were presented to her by a 
Spanish nobleman who had brought them 
from the old country. 

In 1858 Frank Stock planted a vineyard at 
the corner of William and Eighth streets, San 
Jose. He imported valuable German varieties, 
among which were the Johannisberg Ries- 
ling, Franklin Riesling, Tramina, Golden 
Chasselas and Zinfandel. When the vineyard 
was discontinued in 1869 Mr. Stock presented 
his vines to Mr. Lefranc. who removed them 
to the New Almaden vineyard. In course of 
time the glut of Frencli wine at San Francisco 
disappeared and there came a demand for 
more. Then Lefranc turned his attention to 
wine making, his first considerable vintage be- 
ing in 1862. He continued his planting until 
he had 131 acres in vineyard. 

Antonio Delmas, like Louis Pellier, was 
an early importer of wines, his vineyard be- 
ing on part of what is now Delmas Avenue. 
Pedro Sainsevain also had some good varie- 
ties at an early day. ■ In 1868 Victor Speck- 
ens had a vineyard of choice grapes in full 
bearing. This vineyard afterward went into 
the liands of John Auzerais, of San Jose, who 
planted many new varieties. 

Other plantings of notable varieties were 
made between 1868 and 1871. The Stocktons 
planted the Gravelly Hill Vineyard, D. M. 
Harwood planted the Lone Hill Vineyard, 
Frank Richmond in the same neighborhood 
followed suit and Norman Porter selected the 
Cupertino district for a new vineyard. 

This district, now given over mainly to 
orchards of prunes, apricots and cherries, was 
once famous for its vineyards. In 1848 Elisha 
Stevens, who was captain of the Murphy party 
in 1844, settled on the ranch, afterward known 
as "Blackberry Farm," and gave his name to 
Stevens Creek. He planted four acres of Mis- 
sion grapes on the creek bottom. He also 
planted blackberries and this action gave the 
name to his place. Soon after this a Spaniard 



HISTORY OF SANTA CLARA COUNTY 



141 



named Novate, who had settled in the foot- 
hills near Permanente Creek, planted a few- 
cuttings from Captain Stevens' vineyard. With 
the exception of a few patches here and there 
that was all the planting done until 1870. Much 
of the soil was thin and covered with chemisal 
and had no reputation either for fertility or 
endurance. Many grain farmers became poor 
in trying to make a living there and it was 
considered a pure waste of time and money 
to endeavor to obtain a living by grape cul- 
ture. In 1870 S. R. Williams came into the 
district and took a contract from William 
Hall to clear the ground and plant 100 acres 
in vines and care for them for three years. 
He did this and as pay received a deed to 
fifty acres of the land. Williams was followed 
by Portal, who set out the Burgundy vine- 
yard and by J. F. Thompson who planted 
forty acres adjoining. They were followed by 
Hall, Gardner, Wright, RIontgomery, Bubb, 
Farr, Blabon, Hallenbeck, Cooml:)e and others. 
Nearlv all these plantings were made from 
1880 to 1885. 

Other districts were being developed while 
the Cupertino planting was going on. The 
Union and Los Gates districts, Evergreen, 
Madrone and the Collns districts, hills above 
Saratoga and on the eastern side of the valley, 
toward the Mission San Jose had many spots 
converted into vineyards. Most of the vines 
on the San Francisco and Boyter roads, and 
the foothills near Evergreen were planted aft- 
er 1880. 

In 1856 Lyman J. Burrell planted grapes in 
the Santa Cruz Mountains near the summit. 
He was followed by H. C. Morrell, D. C. Feely 
and many others until the Skyland region be- 
came famous for its fine output of table grapes. 
For years hundreds of tons were annually 
shipped to the East. 

In 1919 there were 23,000 olive trees in 
Santa Clara County. The largest and most 
important olive farm is known at home and 
abroad as the "Quito Olive and Vine Farm." 
It contains eighty-one acres, is eight miles 
from San Jose and is situated on the Quito 
road near its junction with Saratoga Avenue. 
It was formerly a part of the Jose Ramon Ar- 
guello rancho and was used by him as a coun- 
try homestead, and here, in 1865, he planted 
the first of the olives, a small vineyard and 
a fruit orchard. His death, in 1876, led to a 
division of the estate and in December, 1882, 
the olive farm passed into the hands of Ed- 
ward E. Goodrich, a graduate of Yale and of 
the Albany Law School. The development of 
the place has been carried on slowly, but 
steadily since that date. A few years passed 
(luring which time, the entire place was given 
over to olives. The buildings consist of a mill, 



with crusher and press addition, winery, barn, 
commodious houses for the force of workmen 
and other appurtenances of an up-to-date insti- 
tution. In the process of oil making, Mr. Good- 
rich so improved upon the work of the Ital- 
ians that it was not long before his products 
came to be recognized as superior to any sold 
in the United States. At the great American 
exhibitions he took first prizes, while the sales 
were never able to keep pace with the demand. 
Resides the profit of the olive farm, the tree 
has certain special attractions. By its almost 
unlimited life an olive orchard is ever increas- 
ing in value. By its hardihood it can oc- 
cupy land not adapted to fruit culture and al- 
most valueless for general farm uses. Mr. 
Goodrich died on April 21, 1920. In August, 
1919, he had sold the farm to G. Bruces, who 
will continue the manufacture of oil. 

The growing of seeds is carried on exten- 
sively in Santa Clara County. There are sev- 
eral companies engaged in this industry, the 
principal ones being the Braslan Seed Grow- 
ers Company, Inc., the California Seed Grow- 
ers Association, Inc., and the Kimberlin Com- 
pany. The Braslan Company started business 
in 1905, have seed farms covering 400 acres in 
Edenvale and Gilroy, and for years had large 
government contracts. The output of gar- 
den seeds is now used mainly by the large 
nurseries and seed distributing establishments 
of the East, Europe and the Orient. The 
warehouse is at Coyote Station, twelve miles 
south of San Jose on the Monterey road and 
the Gilroy line of the Southern Pacific Rail- 
way. C. P. Braslan, who started the business, 
died in 1910, and the company is now a family 
alifair, Mrs. Braslan being the principal owner. 
The officers are Dr. E. O. Pieper, president 
and manager; W. E. Evans, secretary and 
treasurer. 

The California Association, an offshoot of 
the Braslan Company, was organized in 1912, 
with D. G. Fisher, president; J. W. Edmund- 
son, vice-president, and Miss Mary Williams, 
secretary and treasurer. It has 1,000 acres 
in two farms in Santa Clara County and the 
warehouse is located in San Jose near the old 
narrow gauge depot. The garden seeds har- 
vested find their way to all parts of the world. 

The Kimberlin Company— C. R., L. M. and 
J. L. Kimberlin — controls about 800 acres, the 
farms being in Milpitas and Gilroy. Like the 
other companies, the seeds grown have the 
whole world as a market. 

The citrus fruits have been cultivated in 
Santa Clara County for a period antedating 
tradition. Orange and lemon trees early 
found place in the Mission orchards and many 
were brought to the valley by the early im- 
migrants from Mexico. Thev were common 



142 



HISTORY OF SANTA CLARA COUNTY 



in the dooryards and gardens of old Spanish 
homesteads' and bore abundant fruit, though 
not of the best quality. Orange and lemon 
trees of a better variety were, many years 
ago, planted on the grounds of \V. S. ]\IcMur- 
trx and W. H. Rogers in Los Gatos. They 
grew thriftily and bore well. Christian Field- 
sted. on the eastern foothills, had an orchard 
of oranges and semi-tropical fruits which 
was a source of considerable profit. In 1880 
Harvey Wilcox planted sixteen acres to 
oranges in the hills overlooking Los Gatos. 
At six years of age these trees brought a large 
harvest of beautiful fruit. As a rule citrus 
fruits were not planted for the market, but as 
an ornament and to furnish a home supply. 
For this reason public attention was not called 
to this branch of horticulture until the winter 
of 1886-87. At that time the County Horti- 
cultural Society held a citrus fair, at which 
oranges and lemons were presented for ex- 
hibition from 163 different localities in the 
vallev. This exhibition was made, not for 
the purpose of showing citrus culture as a 
leading industry of the valley, but to demon- 
strate to Eastern visitors that Santa Clara 
County possessed a soil and climate suitable 
to the growth of these fruits. But orange 
culture will never become a very important 
branch of the county's horticulture. This will 
not be from lack of adaptability of soil and 
climate, but because it does not pay as well 
as other lines of fruit growing, nor is it so 
sure or capable of being conducted with so 
little expense. But orange and lemon culture 
still continues on a small scale. In all sec- 
tions of San Jose and in many parts of the 
county, particularly in the foothills, may be 
seen hardy and well-bearing orange and lemon 
trees. 

In aid of the farmers there was organized 
in 1917 the Santa Clara County Farm Loan 
Association as a part of District No. 11, which 
comprises California, Oregon, Nevada and 
Utah. The National Farm Loan Act, under 
which the association operates, has for general 
purposes the lowering and equalization of in- 
terest rates on first mortgage farm loans : the 
l)roviding of long term loans with the privi- 
lege of repayment in installments through a 
long or short' period of years at the borrower's 
option ; the assembling of the farm credits of 
the nation to be used as security for money 
to be employed in farm development : the stim- 
ulating of co-operative action among farmers ; 
the making easier for the landless to get land 
and the provision for safe and sound long- 
term investments for the thrifty. The Fed- 
eral land banks make the loans and issue their 
bonds or debentures to inves,tors. The na- 
tional farm loan associations are organizations 



of borrowers and through them applications 
for loans are made to the Federal land banks. 
The rate of interest is five and one-half per 
cent, but a different rate may be charged if 
found advisable. The secretary-treasurer of 
the local farm association is required to col- 
lect the installments from the borrowers in 
his association and remit them to the Federal 
land bank. Both interest and principal are 
included in the equal annual or semi-annual in- 
stallments throughout the entire period of the 
loan. The farmer who borrows is required 
to buy stock of his local association equal to 
five per cent of his loan. This stock is held 
by the association as collateral security until 
the farmer has paid off his loan. With the 
money which the borrower pays for his stock 
the association buys stock in the Federal land 
bank's capital in order that it may make more 
loans. In case of severe losses experienced by 
the local loan association which make it un- 
able to meet its obligations, each borrower is 
personally liable for an amount equal to the 
face value of his stock. If loans are conserva- 
tively made, it is claimed that no loss can 
reasonabh- occur that would call for this five 
per cent liability. If the banks make a profit 
they will pay dividends on all stock except 
that held by the government. The Santa Clara 
County Association has for officers : L. Wood- 
ard, president; F. M. Righter, vice-president; 
L. P. Edwards, secretary. In the RIadrone 
district is another association, with Mrs. S. 
M. Schofield, Woodard, Righter, R. J- Mayne 
and Mrs. Agnes Schroeder as directors. The 
county is also well represented by Granges of 
the Patrons of Husbandry. 

In the line oi vegetables Santa Clara 
County is in the front rank as a producer. In 
1919 over a million cases of canned tomatoes, 
string beans, peas, cucumbers and other odds 
and ends, aggregating over 250,000 cases, were 
packed, while as for onions, something like 
500 tons were raised. There were also paying 
crops of asparagus, lettuce, beets, cauliflower, 
celery, corn, cabbage, squash, potatoes, etc., 
raised in the sediment soil along the creeks 
and in other favorable localities. 

As for poultry, of all the prizes awarded of 
late years, ninety-five per cent went to Santa 
Clara birds. Including chickens, turkeys, 
geese and ducks, there were 17,220 head. 

Dairying is also carried on extensively. The 
butter output averages 500.000 pounds, and 
over that amount in cheese. The southeastern 
end of the county, around Gilroy and Morgan 
Hill, is well suited to this kind of industry. 
.Alfalfa can be readily grown on the level land 
of the valley, where the water supply is good, 
and as hogs and alfalfa go together, the same 
conditions will apply to both. 



HISTORY OF SANTA CLARA COUNTY 



143 



The orchards of the county are irrigated, 
sometimes from stream ditches, but mostly 
from artesian wells. These wells were first 
used in the valley in 1854, shallow wells and 
water from the creeks sufficing for the re- 
quirements of the earlier days. In January, 
1854, when the ]\lerritt brothers built their 
brick house on Fifth Street — it is still stand- 
ing — they commenced boring for a lower 
stratum of water, seeking a stream that did 
not act as a sewer for all the accumulated 
filth on the ground. They struck water at a 
depth of fifty feet, but determined to go 
deeper. At eighty feet they tapped a stream 
that came rushing to the surface like the erup- 
tion of a volcano. The hole was si.x inches in 
diameter and the pressure was sufficient, as 
Mr. Hall says in his "History of San Jose," 
to run a sawmill. The success met with in 
this well induced the boring of others. In 
the same month J. S. Shepard had a well sunk 
on his place, three miles from town. This 
well went through muck and clay to a depth 
of seventy-five feet and a stratum of sand. 
Five feet in this sand water was struck and, 
although the pipe rose sixteen feet above the 
surface of the ground, the water came out of 
the top as though forced by powerful machin- 
ery. During the next month T. Meyers bored 
a well and obtained a plentiful supply of 
water. But the greatest well in the history 
of the county was bored in August of the 
same year by G. A. Dabney, near San Fer- 
nando Street. Mr. Hall thus describes it: 
"After boring six feet the auger entered a bed 
of clay, through which, a distance of fifty-four 
feet, it penetrated, when the water rushed up 
with a force unknown here in well-boring. It 
flooded the surrounding lands so that it be- 
came a serious question how the water should 
be disposed of. The Cit\' Council declared it 
a nuisance and passed an ordinance directing 
Dabney to stop or control the flow of water, 
and if not. he should pay a fine of $50 for 
every day he allowed it thus to run. The 
ordinance had no efTect on the dynamical 
properties of the water, nor any on Dabney : 
for about six weeks it flowed on, rising nine 
feet above the surface of the ground, when 
other .wells bored in that vicinity lessened 
its force and volume. It was a curiosity and 
received visitors daily." 

After this demonstration of the fact that 
artesian water could be had, there was no 
more complaint of the lack of this necessary 
fluid. The old aceqtiia fell into disuse and 
finally disappeared. Wells were sunk in vari- 
ous localities and always with good results. 
but as the wells accumulated the force of 
the flow was somewhat diminished. The first 
irrigating was done on the lower land north 



oi town. At one time the California Invest- 
ment Company, which had acquired several 
thousand acres of salt marsh land along the 
shore of the bay, attempted to reclaim it by 
means of artesian wells. The project was to 
build levees around their property to shut 
out the sea, pump out the salt water and re- 
place it with fresh artesian water. They went 
so far as to bore many wells, but abandoned 
the project, either because it was impractica- 
ble or on account of the expense. " The wells, 
however, were a great source of annoyance to 
the people living in the north. Being allowed 
to flow continually, the water in other wells 
was lowered and many ceased to flow at all. 
The matter became so disastrous that an act 
was passed by the Legislature declaring it a 
.nisdemeanor to permit artesian wells to re- 
main uncapped when not in use. After much 
labor this law was enforced and the injured 
wells recovered their vigor. 

Many attempts have been made to trace and 
locate the artesian belt, but it is continually 
being struck outside these locations, and no 
one cares to risk his reputation by saying 
where it is not. It was at first thought to lie 
exclusively between San Jose and the bay, 
following the lower levels of the valley. In 
1870 artesian water was supposed to have 
been found in the San Felipe tract southeast 
of Gilroy. But one flight a well, windmill and 
tank, house and frame, on the property of Mr. 
Buck disappeared from sight and the longest 
sounding line was unable to discover the 
whereabouts of the missing improvements. 
This indicated that the supply was a lake and 
not an ordinary stream. In 1887 flowing arte- 
sian water was found at Gilroy and the neigh- 
borhood was afterward successfully developed. 
With all these facts understood, there can be 
no doubt that artesian water can be found at 
any point in the valley, not excepting the 
higher grounds near the foothills. 

The Farm Owners and Operators' Associa- 
tion was organized in 1919 for the purpose of 
becoming a part of a state organization. A 
constitution has already been prepared and 
when in operation the various branches in the 
state will become as units. The object of the 
association is to protect the farmers and orch- 
ardists and at the same time promote their in- 
terests. The officers are: J. J. McDonald, 
chairman ; T. D. Landels, vice-chairman ; Mary 
P. Richter, secretary; B. T. McCurdy, treas- 
urer. Board of trustees — R(5bert Britton, Mor- 
gan Hill; Frank Stevens, Coyote; Luther Cun- 
ningham, Saratoga; J. H. Harkness, Morgan 
Hill ; J. H. Fair, San Jose ; John Hassler, 
San Jose; A. R. McClay, San" Jose; H. F. 
Curry, San Jose; Albert M. Foster, San Jose; 
John W. Shaw, San Jose; Arthur P. Free- 



144 



HISTORY OF SANTA CLARA COUNTY 



man, Lawrence ; A. W. Greathead, San Jose ; 
T. J. Herndon, Campbell; S. T. Johnson, Cup- 
ertino; E. K. Clendenning, Campbell; J. K. 
Durst, Sunnyvale ; E. L. Fellow, Santa Clara ; 
R. T. Van Or-den, ]\Iountain View; Lewis H. 
Britton, Morgan Hill; V. T. McCurdy, Santa 
Clara; F. C. Willson, Sunnyvale. Although 
organized but three years, the association has 
done considerable work. It has been instru- 
mental in equalizing fruit tree assessments. 
It has also materially assisted in the move- 
ment for conserving the water of the valley. 
In 1920 it took up the county season labor 
problem and is now receiving the hearty sup- 
port of the canneries and packing houses. 

The Fruit Growers of California Associa- 
tion, Inc., was organized in 1919 and is a sort 
of detached auxiliary of the California Prune 
and Apricot Growers, Inc. It handles green 
fruit only and sells to canners and ships to 
Eastern buyers. It does for the green fruit 
what the dried fruit operators do for dried 
fruit. R. P. Van Orden of Mountain View is 
president, and J. U. Porter is acting secretary. 
The directors and I. O. Rhodes, C. C. Spauld- 
ing, A. C. Gordon, James Mills, H. N. Schroe- 
der, Herman A. Clark, W. E. Moore, L. E. 
Walker and E. R. Clendenning. Every fruit 
section of the county is represented in the di- 
rectorate. Mr. Bone, who was the first sec- 
retary, was one of the leaders in the organiza- 
tion of the California Prune and Apricot 
Growers, Inc., and for two years was its sec- 
retary. 

The California Prune and Apricot Growers. 
Inc., have organized growers', packing and 
warehouse associations with plants in Santa 
Clara County as follows: Plant No. 1, Camp- 
bell ; No. 2, Morgan Hill ; No. 3, Gilroy ; No. 4, 
San Jose, Fourth and Lewis streets; No. 6, 
San Jose; No. 7, Vasona, Los Gatos ; No. 8, 
Mountain View ; No. 10, San Jose ; No. 11, San 
Jose, Cinnebar and Senter streets; No. 13, Los 
Gatos; No. 14, Lincoln Avenue, San Jose. 
They also have plants in various sections of 
the state, and the list extended to forty in 1921. 
The following packers of the county are af- 
filiated with the association: Plant No. 14. 
J. W. Chilton & Co., San Jose; No. 15, J. B. 
Inderrieden Co., San Jose; No. 16, Pacific 
Fruit Products Co.. San Jose; No. 17, Warren 
Dried Fruit Co., San Jose; No. 22, Geo. E. 
Hyde & Co., Campbell ; No. 37, Warren E. 
Hyde, S. E. Johnson, Cupertino ; No. 38, West 
Side Fruit Growers' Association, Cupertino. 
In addition to the above, there will be estab- 
lished at numerous points in the state receiv- 
ing stations. Growers' Packing and Ware- 
housing Association, Inc.. has already nego- 
tiated the purchase of several properties nec- 
essary for these plants. 



Contracts for handling fruit have been made 
with the green fruit buyers of the county. The 
independent packers of the county are as fol- 
lows : San Jose — C. H. Anderson, J. K. Arms- 
by. Castle Bros., California Fruit Canners' As- 
sociation, California Packing Corporation 
plants Nos. 50, 51 and 52; Earl Fruit Com- 
pany, Golden Gate Packing Company, J. C. 
Moore, Guggenheim Packing Company, Rich- 
mond-Chase Company, Polak Packing Com- 
pany, W'ayne Packing Compan}-. Campbell — 
Ain'sley Packing Company. Saratoga — Soro- 
sis Fruit Compan}-. Santa Clara — Block & 
Company. Sunnyvale — J. K. Armsby. 

Following are the fruit and vegetable can- 
neries of Santa Clara County : Alviso — Bay- 
side Canning Company. Campbell — Ainsley 
Canning Company, California Canneries, Geo. 
E. Hyde & Company, Gilroy— H. A. Baker 
Cannery, Felice & Perelli Canning Company. 
Los Gatos — Hunt Brothers. Mayfield — Foon 
Canning Company. Milpitas — California Pack- 
ing Corporation. Mountain View — Concen- 
trated Tomatoes Company, John W. McCar- 
thy, Jr., & Co. Santa Clara — Pratt-Low Pre- 
serving Company. Sunnyvale — California Sup- 
plies Company, Libby, McNeil & I.,ibby, Sun- 
nyvale Canneries. San Jose — Alba Canning 
Company, Beechnut Company of California, 
Bisceglia Brothers & Company, California 
Growers' Assocation, California Prune and 
Apricot Growers, Inc. ; California Packing Cor- 
poration (two plants), Contadina Canning 
Company, Di Fiore Canning Company, Flick- 
inger &' Company, Greco Canning Company, 
Golden Gate Packing Company, Herbert Pack- 
ing Company, Italian Canning Company, J. F. 
Pyle <& Son, Richmond-Chase Company, Sal- 
sina Canning Company, San Jose Canning 
Company, Shaw Family, Inc. ; Sunlight Pack- 
ing Company, Wool Canning Company, De- 
hydrating Plant, Spolster & Company ; Banks' 
Evaporator. 

Following are Santa Clara County statistics 
up to December, 1921 : 

Area, acres 867,200 

County area, square miles 1,355 

Number of farms and orchards 23,900 

Number of acres assessed 743,822 

Tax Rates 
County tax rate (outside incor- 
porated cities) $ 2.15 

San Jose tax rate — City, $1.52: 
countv (inside cities), $1.72; 

schools, $1.15; total 4.48 

County Assessment 

County real estate $ 31,932,740 

Improvements on same 13,169,670 

Inip'ts on property not assessed 

to owners 26,795 



HISTORY OF SANTA CLARA COUNTY 



City and town lots 18,436,405 College of Notre Dame 

Improvements on same 15,569,400 University of Santa Clara. 

Improvements on property not as- Stanford University 

College of Pacific 



sessed to owners.. 



20,800 



145 

220.860 

155,880 

411,560 

48.400 



Total value $ 79,155,810 

Personal Property 

Inside $ 4,687,550 

Outside 4,412,495 

Collected by Assessor, inside 2,713,125 

Collected by Assessor, outside. . . . 322,230 

Money and solvent credits, inside.. 281,160 

Monev and solvent credits, outside 137,345 



Total personal $ 12,553,905 

Total of all non-operative prop. 91,709,715 

Operative Roll 

Real estate $ 2,144,060 

Improvements 297,955 

Personal propertv, money, solvent 
credits .' 6,921 ,045 



Total operative property $ 9,363,060 

Grand total of all property 101.072.775 



Exempt Property 

Veterans, 605 exempt ; value of 
exemption ? 



;33.25; 



Total exemptions $ 1.369.955 

Total property, non-operative, 

operative and exempt 102.442.730 

Property in Road Districts 

Road District No. 1 $ 8.295,525 

No. 2 4,75o!410 

No. 3 6,379,905 

■ No. 4 16.591,460 

No. 5 13.796.950 

Valuation Incorporated Cities 

San Jose $ 27,411,825 

Gilroy 1,064,225 

Morgan Hill 284,495 

Santa Clara 2.574!435 

Los Gatos 1,343,470 

Sunnyvale 446.795 

Mayfield 484,175 

:\Iountain View 746,905 

Palo Alto 4.347,675 

Alviso 270.515 



CHAPTER XIII. 



County Government and Good Roads — The Transportation Facilities of the 
Early Days — History of Various Important Road and Railway Enter- 
prises — The Rise and Fall of Toll Roads — Early Modes of Transporta- 
tion — First Telegraph Line. 



There is no better index of the character of 
a ])eople than the nature of the laws and the 
manner in which the\' are administered. As 
a rule the California codes closely follow the 
codes of New York, but in matters of state, 
and especially of county, government there 
are many vital dififerences. An intelligent ex- 
amination will show that all the best experi- 
ence of the older states has been embodied in 
the California legislative laws, for hither came, 
in the early days, some of the brightest minds 
in the legal profession at a time when the 
laws were ready to be made on the most ap- 
proved plans. It is hard to budge an estab- 
lished system of government, even when its 
defects are apparent. California, therefore. 
having few laws and no prejudices in early 
days, was ready to profit by all that had been 
learned in the older communities. 



Down to 1879, the state had moved along 
under the constitution of 1863, but the grow- 
ing power of certain strong corporations and 
the large influx of Chinese brought about a 
revolution in politics. The working classes 
asserted themselves and in 1879 a new con- 
stitution was adopted that radically changed 
not only many of the vital principles of the 
laws, but at the same time provided great 
changes in the legislative branches of the gov- 
ernment. Some of these changes went into 
effect by the terms of the constitution (such 
as the abolition of District. County and Pro- 
bate courts and the establishment in their 
place of the Superior Court), but others, par- 
ticularly those governing county and munici- 
pay legislative bodies, required action by the 
Legislature. Such action was soon taken, but 
working under the new constitution was an 



146 



HISTORY OF SANTA CLARA COUNTY 



ex])erimental business, and the acts passed for 
those purposes were declared by the Supreme 
Court to be unconstitutional. It was not un- 
til 1883 that a law providing for a uniform 
system of county government was passed that 
stood the test of the courts. Since then, sev- 
eral amendments, relating principally to 
county officers and their remuneration, have 
been passed, but the general system of gov- 
ernment has not been impaired. 

As the constitution requires that all laws 
shall be uniform in their, operation, and as 
special legislation of all kinds is prohibited, 
a general system of county government is 
provided : Init as some counties are more 
densely populated than others, and as there- 
fore there had to be a variation in the numl^er 
of county officers, the counties were divided 
into classes, according to population, the only 
material difference in the laws for the various 
classes being the number of officers provided 
for. the law for the administration of the 
countv affairs in all the counties being the 
same. This plan greatly siifiplified matters in 
many ways, especially in the determination by 
the higher courts of vexatious problems that 
occasionally arise. Nearly every problem of 
consequence has already been determined, so 
that now the Inisiness of all the counties pro- 
ceeds on established lines. 

The judicial branch of the county govern- 
ment is the Superior Court. Santa Clara 
County, according to class, is provided with 
three judges. They divide the work between 
themselves, handling probate, civil and crim- 
inal cases. The officers of the Superior Court 
are the county clerk, sheriff and district at- 
torney. These, of course, and especially the 
clerk,'have multifarious duties apart from those 
appertaining to the court. Santa Clara County 
is Republican in politics, but in county elec- 
tions politics cuts small figure, so that the 
offices are divided between the Republicans 
and the Democrats. In 1920 the Republicans 
held the sheriff's, the surveyor's, the treasur- 
er's, the superintendent of schools' and the 
coroner's offices, while the Democrats held 
the offices of clerk, tax collector, assessor, dis- 
trict attorney and auditor. All the officers 
hold four years, except the ju<lges, who hold 
six years. 

The board of supervisors takes care of the 
finances of the county schools. The county 
superintendent is Miss Agnes E. Howe and the 
following are the members of the county board 
of education : Francis Gallimore. Santa Clara ; 
I. E. Hancock (president), San Jose; Robert 
Loosemore, Los Gatos ; W. P. Cramsie, San 
Jose; Agnes E. Howe (secretary). San Jose. 
There are ninety-one schools and 350 teachers 
in the county, exclusive of San Jose. The 



school houses are handsome, well-built and 
commodious structures, witli up-to-date ap- 
pointments. 

At the head of the administrative depart- 
ment of the county government stands the 
board of supervisors. The county is divided 
into five districts on the basis of population. 
Hence it follows that some districts are much 
larger in area than others ; some are wholly 
in the valley; others partly in the mountains; 
some include the cities of the county, which 
have separate governments of their own and 
manage their own roads, schools and taxes, 
while others have to be adjusted and managed 
in the most skillful and intelligent manner so 
that common justice is done and a uniformity 
of public interest preserved. The S3-stem. 
therefore, is far more complicated than the 
uninformed are aware of. 

The board is composed of five members, one 
from each district, the districts electing their 
own members. These elections are so regu- 
lated that at least two of the members on any 
elected board shall already have been in office 
two )'ears, thus securing a constant quantity 
of experience. This is a very important fea- 
ture. A board composed entirely of new mem- 
bers might easily get into trouble through 
mistakes. The duties of the board are intri- 
cate. It must establish school districts, fix 
l>oundaries and provide money ; it must take 
care of the roads, fix the tax rate, care for 
and maintain the county buildings, almshouse 
and infirmary; provide for the inspection of 
orchards, for the care of the county sick, infirm 
and poor ; make provision for every need of 
the county, fill vacancies in county offices, de- 
clare the result of county elections, make ap- 
propriations for various humanitarian and 
other purposes, sit as a board of equalization, 
and perform such other duties as befit the 
guardian of the county's welfare. The mainte- 
nance and establishment of good roads is one 
of the most important of the board's duties, 
and it may be said without fear of contradic- 
tion that in no count}- of the state has this 
work been more satisfactorily carried out. 
The preliminaries for road work are entrusted 
to the county surveyor. During the incum- 
bency of Surveyor Irving Ryder (seven years) 
ninety-eight miles of paved roads have been 
completed and in 1922 contracts were let for 
sixteen additional miles. Before his time the 
county had but twenty-two miles of completed 
paved roads. This does not include the state 
highway of about seventy-five miles, which 
runs from Palo Alto on the northwest side of 
the bay to San Jose and on to the southern end 
of the county at Sargent's Station ; and from a 
short distance beyond Milpitas on the north to 
San lose and on to Los Gatos. The beginning 



HISTORY OF SANTA CLARA COUNTY 



147 



of the good roads movement came with the 
advent of the automobile. At first the super- 
visors made experiments in road paving, but 
all proved failures until the present concrete 
system was tried. Nearly all the roads in the 
county are paved with concrete. Other ma- 
terial, oil macadam, is used on some of the 
orchard roads and excellently answers all pur- 
poses. During the fiscal year 1919-1920 the 
road and bridge improvements of the countv 
cost $582,000.- 

The history of road building in Santa Clara 
Count}- shows that the matter of furnishing 
easy and con\enient means of communication 
between the different sections of the county 
has been an important question before the 
county government since its organization. The 
demand for good roads has been met. almost 
before it was expressed, and the result of this 
policy, long continued with a liberal spirit, is 
seen in the broad, smooth, well-kept iiaved 
highways reaching to every part of the valley, 
winding through the orchards, among the foot- 
hills and extending over the mountains. These 
roads are watered during the summer months, 
making them always comfortable for travel. 
I'.efore the Americans came into possession 
in Santa Clara County, there were ]iractically 
no roads. Travel was chiefly performed on 
horseback, and for this a narrow trail \\-as suf- 
ficient. Where the ox-carts ran there were 
tracks a little wider, but the}' had no legal ex- 
istence as roads. There being no fences and 
the country lieing used mainly for grazing, 
there was no necessity for the warning to 
"keep oft' the grass." and in going from one 
point to the other, the route was generally an 
air-line, except where intervening water 
courses compelled the traveler to seek an easy 
ford or crossing, or where opposing hills re- 
c|uired a circuit to be made. Even when 
wagons first came into use, this system was 
kept up. and in the winter time, wdien the 
ground was wet and soft, the wagon tracks 
ran parallel to each other to such an extent 
that it was a common saying that the road 
from San Jose to San Francisco was three 
miles wide. With the Americans came a dif- 
ferent system. About the first order made by 
the county government after its organization 
was in reference to public roads. The order 
is of interest, as it established the first high- 
wavs in the county. It was made by the Court 
of Sessions on July 6, 1850, and is as follows: 
"It is ordered by the court that the follow- 
ing roads be, and' they are hereby declared, 
public highways within and for the County of 
Santa Clara, to-wit : 

"First — A road commencing at the City of 
San lose and running where the jiresent road 
now" runs, bv James Murphv's. and from 



thence to the right of Lucencia Higuera's 
ranch through the Mission of San Jose to the 
coimty line, where the road crosses the Ar- 
royo Delmaya at Sunol's ranch. 

"Second — Also a road commencing at the 
City of San Jose, at First or Monterey Street, 
and running where the road now runs to San 
Juan, until it reaches the county line. 

"Third — Also a road commencing at the 
City of San Jose, at Santa Clara Street, and 
running where the present road now runs, to 
the Mission of Santa Clara, and from thence, 
b\- the left-hand road, to the old Indian village, 
thence 1)\' T.usard's to S. Robles', and from 
thence to where the present road runs to the 
county line. 

"Fourth — Also a road commencing at the 
City of San Jose, at Santa Clara Street, and 
to run where the present road now runs, to 
Santa Cruz, through Fernandez' ranch, by 
Jones' mill to the county line." The Jones' 
mill referred to is the present town of Los 
Gatos. 

The third specification in the order above 
set forth refers to the road to San Francisco,- 
S. Robles' ranch being the present town of 
Moimtain \'iew. The road includes the Ala- 
meda, famous in song and story. This avenue 
was laid cjut Ijy the Fathers of the Mission of 
Santa Clara. The trees were planted by 
Father Catala, the A\iirk lieing performed by 
the Indians under liis instruction. There were 
original!}- three rows of trees, one on each 
s'ide and one in the center, 'i'he ground was 
moist and full of ado1)e. which, when wet, 
made traveling troublesome. Ditches were 
made for the purpose of drainage, but they 
but imperfectly accomplished their object. 
The shade of the trees excluded the sunshine 
and pre\ented evaporation. While during the 
sun-imer months the Alameda was a most 
charming drive, for four or five months in- the 
year it was almost impassable for vehicles. 
Travelers passing between Santa Clara and 
San Jose were compelled to se'ek the side of 
the road and often make a circuit of four or 
five miles. After dark it was not unusual for 
people to lose their way and he compelled to 
[jass the night in tlie open air. 
. To meet this trouble the county government 
opened another road 1i}- way of what is now 
known as L'ni.ni .\\rnne. back of the Fair 
Grounds, now Ilanclictt Park. This did not 
entirely obviate the difficulties, and in 1862 a 
franchise was granted to a company called 
"The Alameda Turnpike Company," granting 
it the privilege of collecting toll on the Ala- 
meda, the company to keep the road in good 
condition for travel. This company erected 
gates, but owing to the nature of the soil 
could never make the road good in all its parts 



148 



HISTORY OF SANTA CLARA COUNTY 



at all seasons. Many complaints were made 
and finally, in 1868, the county purchased the 
franchise of the company and declared the 
road free. The price paid by the county was 
$17,737.50. In 1870 the report went a'broad 
that the road occupied more ground than be- 
longed to it, and that several feet on the south 
side was government land and subject to pre- 
emption. One night a gang of squatters car- 
ried lumber out on the road and enclosed strips 
of land on the south side, and in the morning 
many of the residents found themselves shut 
of? from the highway. The squatters, how- 
ever, had nothing but their labor for their 
pains, as they were compelled to abandon their 
claims unconditionally. To prevent a recur- 
rence of this dispute an Act of Congress was 
procured in 1871 granting the county a right- 
of-way for the road, 115 feet wide and defining 
its location. Accurate official surveys were 
made and granite monuments placed so that 
the exact lines should always be preserved. 
The final location was made in 1873. After 
this date extraordinary efforts were made to 
keep the road in repair and maintain its 
l)eauty. These efforts were measurably suc- 
cessful. One of the greatest obstacles in the 
way of improvement was the shade cast by 
the center row of trees, and propositions for 
their removal were made from time to time. 
But each proposition was met by a remon- 
strance from the people, who looked upon the 
gnarled willows as a link connecting the past 
with the present, and although many of the 
trees had died and others were in advanced 
stages of decay, they were retained. Finally, 
in i887, a proposition was made to construct 
an electric railroad along the center of the 
highway. In view of this improvement the 
people consented to part with the trees, and in 
the same year they were removed. Since then 
the avenue from San Jose to Santa Clara has 
been paved with concrete, thus forming a link 
in the long concrete-paved road fmin San Jose 
to San Francisco. 

Santa Clara Avenue, or Alum Rock Avenue, 
as it is generally called, is the beautiful avenue 
from San Jose to the Alum Rock Springs in 
the canyon of the Penetencia. east of town. 
The original road was established by the 
board of supervisors in June, 1866. In 1872 
an act was passed by the Legislature authoriz- 
ing the city of San Jose to survey and improve 
a road to be known as "Santa Clara Avenue," 
running from the eastern limits of the city to 
the city reservation in the eastern foothills. 
The act provided for a board of commissioners 
to be appointed by the governor, with power 
to superintend the work of construction and 
select a tract of 400 acres in the canyon for a 
public park. To construct and imiirove the 



road and park, a tax was provided for all prop- 
erty in the city and all property lying within 
three-quarters of a mile on each side of the 
proposed avenue. This tax was to be ten cents 
on the hundred dollars for the first year and 
five cents per year for the next three years, to 
be levied by the city and county as other taxes 
are levied and collected. With this money 
the road was constructed and trees planted. 
At the end of four years, when the special tax 
expired, the road was kept up from the road 
fund of the road districts, in which the avenue 
was situated until 1878, when an act was 
passed by the Legislature authorizing the 
board of supervisors to pay these expenses 
from the current expense fund. Today all the 
roads leading to the park entrance are main- 
tained by the county, while the roads inside 
the park are kept up by the city, which also 
pays for the improvement and maintenance of 
the park. 

Saratoga Avenue was created at the same 
session of the Legislature, and in the same 
manner as Santa Clara Avenue, except that the 
act provided that the road should be 100 feet 
wide and that the special tax should be levied 
and collected by the trustees of the town of 
Santa Clara. The commissioners began work, 
laid out and opened the road, l^ut some of the 
outside property owners protested against pay- 
ing the tax. The objection was that it was an 
unconstitutional assessment, inasmuch as it 
was to be levied and collected by officers not 
elected for the purpose. The courts decided 
the objection to be valid and the road went 
into the hands of the county government as a 
public highway, and all improvements were 
paid for from the road fund of the district. In 
spite of the fact that there was no special reve- 
nue, the highway has lieen thoroughly im- 
jjroved and now it is one of the finest paved 
roads in the county. 

In early days there seemed to be an impres- 
sion that the best way to improve the county 
roads was to grant franchises for toll com- 
panies, who were to keep the roads in repair 
in consideration of the privilege of collecting 
tolls. The argument used was that the people 
who used the roads ought to pay the expense 
of maintaining them. Acting on this proposi- 
tion, many such franchises were granted, some 
by the board of supervisors and some by the 
Legislature. The tollgate on the Alameda was 
the outgrowth of this idea. 

In 1861 the San Jose and Alviso Turnpike 
Company secured a franchise to erect gates 
and collect tolls on the road from San Jose to 
Alviso. In 1863 the franchise was purchased 
by the county for $5,000 and the road declared 
a public highway. In 1867 the Saratoga and 
I'cscailero Turnpike Com]')any recei\e<l a fran- 



HISTORY OF SANTA CLARA COUNTY 



149 



chise for a toll road over the mountains from 
Saratoga. In 1880 the franchise was pur- 
chased by the county for $5,000 and the name 
changed to the "Congress Springs" road. The 
Gilro}' and Watsonville road was a toll road 
in early days, but was declared a public high- 
way iri 1874. 

The Santa Cruz road from Los Gatos over 
the mountains was a toll road under a fran- 
chise from the state up to 1878, when it was 
declared a public highway b}' the board of su- 
pervisors. The company resisted the action 
of the board and attempted to maintain its 
gates. This caused considerable excitement 
and threatened serious trouble. The teamsters 
went in a body and tore the gate down. The 
company fought the matter in the courts and 
lost. The purchase of the Pacheco Pass road 
wiped out the last toll road in the county. 

The most prominent, if not the most popu- 
lar, highway in the county is the Mount Ham- 
ilton road, or Lick Avenue. It has a world- 
wide fame for the reason that it leads to the 
great Lick Observatory and because it is one 
of the best mountain roads in the world. In 
September, 1875, James Lick addressed the 
board of supervisors, saying that he would 
locate his observatory on Mount Hamilton if 
the county would construct a first-class road 
to the summit, and if the county had not suffi- 
cient funds on hand to accomplish the task he 
would advance the money and take the coun- 
ty's bonds for the same. The proposition was 
accepted and on October 4, 1875, a preliminary 
survey was ordered. The committee on sur- 
vey reported that the construction of the road, 
including bridges, would costs $43,385. Mr. 
Lick then deposited $25,000 in the Commercial 
&• Savings Bank as a guaranty that he would 
stand by his proposition. A. T. Herrmann 
was appointed engineer for the work and on 
February 8, 1876, the contract for construction 
was let to E. L. Derby. Up to this time the 
work had gone on with great expedition, but 
now, the people having had time to talk the 
matter over, considerable doubt was expressed 
as to the advisability of the enterprise. It 
was argued that the county might go to great 
e.xpense in building the road and that in the 
end Air. Lick might change his mind in regard 
to the location of the observatory. In that 
event the county would have a very expensive 
road that would be of very little practical use. 
The majority of the board had very little 
doubt of Mr. Lick's good faith, but in order to 
satisfy the popular demand they arranged mat- 
ters so that Mr. Lick deposited a further sum 
of $25,000, subject to warrants drawn for the 
construction of the road, and agreed to take 
county bonds therefor, payable when the ob- 
servatory was completed on the mountain. 



When this point was settled an oppositon was 
developed from another source. W. N. Fur- 
long, as chairman of the board, refused to sign 
the contract with Derby, but finally consented 
under protest. The protest claimed that there 
was no authority of law for building the road 
in this manner, as the statute required all 
money levied in any road district to be ex- 
pended in the district paying the same ; that 
there was no law compelling the county at 
large to pay for a road, and that the county 
had no authority to enter into a contract with 
Mr. Lick to advance the money. The board, 
to satisfy the fi inner ubjection, passed a reso- 
lution that the Legisl;ilure would be asked to 
pass an act authorizing the county to issue 
bonds to the amount of $120,000,' of which 
$50,000 should be applied to the indebtedness 
of the several road districts in the county, and 
the balance used to pay the warrants drawn 
for the construction of the proposed road. 
Thus this difficulty was disposed of. There 
were numerous minor obstacles to contend 
with which caused much trouble and vexation 
to the promoters of the enterprise, hut they 
were finally disposed of. Up to May 22, 1876, 
the sum of $45,115.34 had been paid on Derby's 
contract. In the meantime there was great 
dissatisfaction with Derby's operations, and he 
had been compelled to assign his contract to 
his bondsmen, who had established a trust for 
their pn itectii in. drawing the money cjn the 
contract and i)a\'ing the contractor's verified 
bills. This dissatisfaction caused the board to 
appoint a committee to investigate the work. 
The report showed grave misconduct by the 
contractor. In September the contract was de- 
clared forfeited and on October 5, 1876, the 
board authorized its committee to go on with 
the work. This the committee did, employing 
^Messrs. Drinkwater and Swall as superintend- 
ents. On January 9, 1877, the Lick board of 
trustees and the super\is<irs made an official in- 
spection of the roail. .-md afterwards the trus- 
tees declared ofhciall}- that the work had been 
done in a satisfactory manner and that the road 
met all of Mr. Lick's requirements. The in- 
spection was a general holiday throughout the 
county, there being about 5,000 visitors to the 
summit of the mountain on that day. On Jan- 
uary 13, 1877, the road was declared to be fully 
completed, the total cost being $73,458.88. Of 
this amount $27,339.87 was in outstanding war- 
rants against the general road fund. An act 
was passed in the Legislature of 1878 authoriz- 
ing the board of supervisors to issue bonds to 
pay these warrants and accrued interest, the 
bonds to bear no interest, and to be payable 
when the observatory was practicall}' com- 
pleted. The gentlemen composing the board of 
supervisors during the time the Mount Hamil- 



150 



HISTORY OF SANTA CLARA COUNTY 



trni road was in course of construction were : 
1875 — W. N. Furlonsj. chairman: ]. M. Battee, 
J. W. Bouhvare. A. Chew. Abram'King. H. M. 
Leonard, WilHam Paul. 1876 — H. ^M. Leonard, 
chairman; S. F. Aver. J. M. Battee. A. Chew. 
W. N. Furlong. Abram King. W. H. Rogers. 
1877-78 — Same as in 1876. with the exception 
that J. M. Battee was chairman. 

Under Mexican rule the transportation of 
passengers was almost exclusively on horse- 
back. Women and children would occasionally 
take passage for short distances in the rude 
carts of that time, but journeys generally, 
whether long or short, were performed in the 
saddle. As the foreigners came in they adopted 
the same custom, for the reason there was no 
other means of conveyance. When affairs be- 
came settled after the Alexican war and the 
country began to be settled by immigrants 
from the states, other methods of transporta- 
tion for passengers and freight were looked for. 
Boats to ply between San Francisco and Alviso 
were secured and connection with them from 
San Jose was made with wagons. The cost 
for 'each passenger for this trip was thirtv-five 
dollars. 

In April, 1850. ^Messrs. Ackley and Morrison 
]:)ut on a line of stages to run through to San 
Francisco, and in the same spring John W. 
Whisman put on a line to run to San Jose. 
Trips were made tri-weekly by each line, thus 
giving a daily stage each way. The fare was 
thirty-two dollars and the schedule time was 
nine hours. In September of that year Hall & 
Crandall purchased Whisman's route. The 
roads became so bad in the winter that the 
stages were withdrawn and travel to San Fran- 
cisco went by way of Alviso. 

Two steaml)oats. the Pf^m. Robinson and 
New Star, furnished the water transportation. 
This was a great improvement over the old 
mustang route, Ijut was not quite satisfactory 
to the people of the pueblo. Early in January. 
1851. a meeting was called for the purpose of 
taking steps toward building a railroad to San 
Francisco. The meeting was largely attended 
and very enthusiastic. At this time the road to 
Santa Clara along the Alameda was impass- 
able, and to reach that town from San Jose a 
circuit of about six miles was required, while 
passengers to San Francisco were compelled to 
work their passage for alMjut half the distance. 
Under these circumstances it is not surprising 
that the meeting should unanimously declare 
in favor of the railroad. Resolutions to this 
effect were adopted and books opened for sub- 
scriptions to the capital stock. Some subscrip- 
tions were made and W. J. Lewis was ap- 
pointed to make the survey and estimate of 
cost. The survey was completed in December 
and the estimate presented. Tiie total cost to 



put the road into operation amounted to 51.- 
:i39.126.17. These figures seemed to have a 
depressing effect on the railroad enthusiasm of 
the people, for no more was heard of the matter 
for several years. 

In July. 1851, the stage fare to San Francisco 
was reduced to ten dollars and to Monterey to 
twenty-five dollars. In :March. 1852, Messrs. 
Reed and Kendall organized an e.xpress to run 
l)etween San Jose and San Francisco by way 
of Alviso. On April 11, 1853, the boiler 'of the 
Jenny Lind. a steamer on the .\lviso route, ex- 
ploded with disastrous effect. She had left 
Alviso with 150 passengers, among them many- 
prominent citizens of San Jose. When about 
opposite of what is now Redwood City the ex- 
])losion occurred, killing many and wounding 
others. Among those killed were J. D. Hoppe, 
Charles White and Bernard Murphy of San 
Jose. This accident spread a gloom over the 
community. A public meeting was called in 
San Jose and resolutions expressing sympath}- 
with the afflicted were adopted. 

In October. 1853. the first telegraph line, con- 
necting San Francisco with San Jose, was built. 
It was a great myster}^ to the native popula- 
tion, some of whom thought the Americans 
had all turned Catholics and were erecting in- 
numeral)le crosses as a testimony of their faith. 
The establishment of telegraphic communica- 
tion revived the desire for a railroad, but no 
eft'ective steps were taken except an ordinance 
passed bj' the common council granting St. 
James Park for depot grounds. In 1856 an om- 
nibus line was established between San Jose 
and Santa Clara by the Crandall brothers, and 
in 1857 a weekly express to Sonora was put on 
by \\'. H. H03'. The growth of business in 
San Jose and the development of the surround- 
ing country brought the railroad question 
again to the front in 1859. A meeting was held 
in February to discuss the question of building 
a short line to Alviso to connect with fast 
boats at that port. Estimates were made and 
books were opened, but before anything was 
done in a practical way another ])roposition 
was made and the work of promotion was sus- 
pended. 

A company had been organized in San Fran- 
cisco to build a railroad to San Jose via San 
Mateo and Redwood Citv. This company 
wanted Santa Clara County to take $200,000 
worth of the stock of the enterprise. It was 
found impossible to raise this amoimt by in- 
dividual subscriptions, and in 1861 an act was 
secured from the Legislature authorizing the 
county, through the board of supervisors, to 
subscribe for this amount of stock, provided 
that the people, at a regularly called election, 
should endorse the measure. The election re- 
sulted in a majority of 722 favoraltie to the 



HISTORY OF SANTA CLARA COUNTY 



151 



project. No time was lost and on May 25 the 
supervisors made the subscription and ordered 
the issuance of bonds for the payment of the 
same. These bonds bore interest at the rate 
of seven per cent per annum and were pay- 
able in fifteen years. The work of building the 
road commenced immediately and on January 
16, 1864. the road was completed and formally 
opened with a grand excursion from San Fran- 
cisco and way towns to San Jose. There was 
great rejoicing when the first train arrived. 
Flags were hoisted and everyljody took a 
holiday. 

The county now had a railroad, but it also 
had an indebtedness of $200,000, on which it 
was paying a large interest. The question was 
soon mooted as to whether it would not be 
good policy to sell the railroad stock owned 
by the county and apph- the proceeds to\vard 
paying this debt. As the stock was paying no 
dividends, an afiirmative conclusion was soon 
reached. The Legislature was appealed to and 
in April. 1864, an act was passed authorizing 
tiie county to sell the stock and to apjjly the 
proceeds to the redemption of county bonds. 
In November, 1864, B. G. Lathrop offered to 
liuy the stock and pay $200,000 in currency. 
As these were Civil \Var times, the currency 
would be equivalent to $170,000 in gold. The 
proposal, however, was accepted, l)ut Lathrop 
neglected to make his offer good- and that was 
an end of the transaction. In February, 1865, 
C. B. Polhemus, Peter Donahue and H. M. 
Newhall, directors of the railroad company, of- 
fered to buy the stock for $200.(MH1. paNin.-.;- in 
either currency or in the bonds of the counts- 
issued to pay for the stock when the county 
had subscribed for it. An agreement was 
made, but having the default of Lathrop in 
mind, the supervisors exacted from the pur- 
chasers a bond for the fulfillment of the con- 
tract. As there was no compliance with the 
contract, the board lost patience and in 1867 
suit was instituted. This brought offers of 
compromise and pending negotiations the suit 
was dropped. Nothing came of the negotia- 
tions and 1869 another suit was instituted. In 
the interval Polhemus had disposed of his in- 
terest in the railroad. Mayne, his successor, 
made another proposition — the company would 
pay $100,000 in money for the stock and \vould 
extend the line from San Jose to Gilro}'. The 
proposition was accepted and its terms com- 
plied with. In 1869 the Gilroy road was built. 
In 1863 the Western Pacific Company was 
constructing that portion of the transcontinen- 
tal railroad lying between Sacramento and 
Oakland, and offered, if the county would sub- 
scribe $150,000 to its capital stock, to con- 
struct a branch from Niles to San Jose, thus 
]dacing the city on the through overland line. 



( )n April 14, 186,^, an act was passed authoriz- 
ing the county to make this subscr!i)tion and 
the election in confirmation resulted in a favor- 
able majority of 522 votes. The stock was sold 
to David Coiton for $120,000 in February, 1872. 
The agents who negotiated the sale were paid 
$9,000. thus leaving a net loss to the county of 
$39,000. The Western Pacific afterwards be- 
came a part of the Southern Pacific system. 

As the county to the north of San Jose be- 
gan to develop fruit culture, especially straw- 
lierries, blackberries, etc., a more convenient 
and rapid means of transportation to San Fran- 
cisco was desired by the growers. The two 
railroads already constructed just skirted the 
border of this district, and shippers were com- 
pelled to haul their fruit to San Jose, Santa 
Clara or Aliljaitas to get it on the cars. Ar- 
rived in San Francisco it had to be hauled on 
trucks for a long distance from depot to mar- 
ket, and this bruised and injured the fruit to 
the great loss of the producer. This caused 
the matter of a narrow-gauge railroad to con- 
nect with fast boats at Alviso to be revived. 
In 1870 a meeting was held and subscription 
liooks opened. Strenuous efforts were made to 
get the stock taken. Chief among the promot- 
ers of the scheme were John G. Bray, S. A. 
Bishop and Gary Peebels. Pending the floating 
of the stock a 'fast boat was put on the line 
between Ahiso and San Francisco and the 
fruit growers hauled to the Alviso wharf in- 
stead III shipping by rail. Little progress with 
the pr(jject was made. Finally, in 1876, a new 
company was formed, called "The South Pa- 
cific Coast Railroad Company," with A. E. 
Davis as its president. This company asked 
no favors. It had money for everything it 
needed, including the right-of-way. It built 
tlie road and in Ajiril, 1878, the first train came 
into San Jose, and in May the road opened for 
l)usiness." An extension of the line to Santa 
Cruz followed. It was completed after much 
time and labor spent in tunneling the moun- 
tains. The road did a prosperous business from 
the start. In 1887 it sold out to the Southern 
Pacific Company. In 1886 a narrows-gauge 
branch from Campbell to the New Almaden 
mine was constructed. Later it was taken 
over and standardized by the Southern Pacific. 
In the same vear the Southern Pacific built a 
line to the same point, connecting with the 
trunk line at Hillsdale. 

In 1885 a railroad to run from Murphy's on 
the Southern Pacific line to Saratoga was pro- 
jected and several miles were constructed. No 
further progress has ever been made, partly on 
account of the lack of money and partly by 
the construction of other lines and by the elec- 
tric system of railways which reaches every 
point of importance in the valley. 



152 



HISTORY OF SANTA CLARA COUNTY 



The Southern Pacific has greatly extended 
its lines since it took over the original railway 
from San Jose to San Francisco. It has ex- 
tended the coast line to Los Angeles, where 
connection is made with the Eastern states. 
thus placing San Jose on two transcontinental 
lines. It has increased its orchard service by 
building a line from Mayfield to Los Altos and 
from Los Altos along the foothill region to Los 
Gatos via Monte Vista (near Cupertino), Quito 
Olive Farm and Wasona Junction. Therefore 
the orchardists of the valley have easy access 
to railway transportation. 

The Western Pacific Railroad Company's 
branch from Niles to San Jose was completed 
in the spring of 1922. The main line extends 
from San Francisco to Salt Lake City and 
passes through Niles. The San Jose branch 



takes in Irvington, Warm Springs. Milpitas 
and the Berryessa district. Then it proceeds 
around the southerly limits of San Jose, cuts 
through the Willows district in a westerly di- 
rection and after curving toward the north 
ends in a main freight terminus at Bush and 
Wilson Streets on the Alameda. Construc- 
tion of the San Jose branch was started in 
1917. was halted by the European war and 
started again in 1920. The main passenger 
station is in East San Jose and yards for 
switching, storage, round house facilities, fuel 
and water supply stations, turntable, track 
scales and repair tracks are located on W^illiam 
Street. There are several spurs built for the 
benefit of orchardists. The coming of this 
railroad induced the Remillard Brick Com- 
pany to reopen its works in East San Jose. 



CHAPTER XIV 



The Public Buildings of the County — Many Locations of the County Court 
House — Changes Made by the Legislature — Futile Attempt to Regain 
the State Capital — The County Hospital and Almshouse. 



The county buildings today are models of 
beauty, size and convenience. The evolution 
from the primitive structures of the early days 
is both remarkable and interesting. For 
some time after the Americans took posses- 
sion of affairs the old Juzgado on Market 
Street, San Jose, was used as a court house. 
It was poorly arranged for such a purpose 
and in 1850, better though temporary quarters 
were secured in a building on First Street op- 
posite Fountain Alley. Another change, to 
the Bella Union building, where the Auzerais 
House now stands, was soon made and court 
was held here until 1851 when the old state 
house on Market Plaza was purchased from 
the city, the selection having been made by 
Judge Redman. The building seems to have 
been looked upon by the people as common 
property and they were accustomed to hold 
all sorts of meetings and entertainments there. 
This was considered by the county govern- 
ment as an infringement of its dignity and in 
July, 1852. the sheriff was ordered to "take 
charge of the court house and allow no 
dances, shows or balls to be held therein." This 
order elicited such a cry of indignation from 
the people that within two days after its issu- 
ance, it was modified so as to allow the use of 
the building as an assembly hall and place of 
amusement, but the sheriff was instructed to 
collect for such uses a snffu-ient amount to 
pay the fees of a janitor and watclinian. 



The old state house having been burned, the 
court house was removed to the adobe l)uild- 
ing on Lightston Street, owned by Frank 
Lightston, and the officers again began to look 
about for a permanent location. Levi Good- 
rich was appointed as architect and directed 
to present plans and specifications, the idea 
being to rebuild on the old lot on Market 
Plaza. The plans were drawn and the clerk 
was directed to call for bids, but before any- 
thing further was done A. S. Caldwell offered 
to sell the county the lot and building at the 
southeast corner of Second and San Fernando 
Streets. A committee was appointed and re- 
ported that the building, with a little altera- 
tion, could be made suitable for a court house, 
and the purchase was made. The price paid 
was $4000. In December, 1853, this building 
was officially declared to be the county court 
house, the same order setting apart the south 
room on the lower floor as the district court 
room. The county sold the state house out- 
side lot to a Mr. Briggs for $500, reserving the 
right to use the jail thereon until a new jail 
could be built. The county occupied its new 
quarters for sixteen years when it became ne- 
cessary to have enlarged accommodations. An 
order was made offering $100 for the best 
plan for a new court house. 

Pending this matter the clerk was aullior- 
ized to negotiate with the San Jose Common 
Council tor tlie temporary use of the second 



HISTORY OF SANTA CLARA COUNTY 



153 



story of the city hall on Market Street t'lr a 
court room. This resulted in a two years' 
lease, in return for which the county gave the 
city the use of a portion of the lot at the cor- 
ner of San Fernandd and Second Streets. The 
exchange was ci'fccled in Au-ust, 1860. In 
the latter part of this year Lc\i (loodrich pre- 
sented plans for a new building. The jilans 
were adopted and he received the premium of 
$100 ofifered therefor. In March, 1861, the 
hoard of supervisors asked Hon. A. -L. Rhodes, 
state senator, to procure the passage of an 
act by the Legislature authorizing the county 
to issue bonds to pay for the building, 'i^hey 
also directed Mr. Goodrich to prepare work- 
ing drawings. 

The lease of the city hall expired in 186.2. 
At that time Martin Murphy was finishing his 
brick building on Market Street — the pro- 
perty now mainly occupied by Hart's depart- 
ment store. He ofifered to rent to the county 
the upper floor of these buildings for $190 per 
month and finish them m a manner suitable 
for use as county offices, the large hall at the 
corner of Market and El Dorado Streets to be 
used as a court room. The county acce]ited 
the offer and took a five years' lease, with the 
privilege of renewal. This was the last loca- 
tion of the court house prior to the construc- 
tion of the present building. 

Two years elapsed before anything was 
done toward the erection of a new court 
house. During that time there grew up a sen- 
timent that the old lot at the corner of Second 
and San Fernando Streets was not ,i Stiitable 
Ification and the supervisors were urged to 
purchase another lot. There was some oppo- 
sition to this suggestion and heated debates 
were held over it at the board meetings. Two 
of the supervisors, Messrs. Ouinby and Yates, 
were opposed to buying another lot and when 
a resolution to change the location was adopt- 
ed, voted in the negative. Among the sites 
oiTered to the board was the one now occu- 
pied by the court house. It was owned by W. 
H. Hall, who ofifered to sell it to the county 
for $5000. The title having been found valid, 
the purchase was consummated. The original 
tract was 137>4 feet front on First Street by 
275 feet deep. Afterward more frontage was 
purchased. 

\\ ork on the court house was pushed as 
rapidly as possible and on January 1, 1868, the 
county officers took possession. Originally 
there was but one court room, the ceiling of 
which extended to the roof. In 1879 a floor 
was laid, cutting this apartment into two 
rooms as they now are. Another room, which 
had been used for a county office, was made 
over into a third court room, the new consti- 
tution, just adopted, having i)rovided-for three 



Superior Courts for Santa L'lara County. The 
cost of the building was about .'fJOrtOOO. When 
com]iktecl it was the finest court house in 
California. It is of the Roman-Corinthian or- 
der of architecture and overlooks St. James 
I'ark, whose luxuriance lends pleasure to the 
eye. Its foundation is of the utmost durabil- 
ity, the walls resting on a substructure of con- 
crete to a depth of six feet and of a like num- 
ber of feet in thickness. Ponderous brick 
arches support the lower floor, while all the 
walls are of the same material, the basement 
ones being four feet in thickness and the 
upper ones twenty-one inches. Above the 
basement the building has two stories and its 
dimensions are in frontage, 100 feet; in depth, 
including the portico, 140 feet. The height to 
the cornices fifty-six feet, and it is 150 feet 
to the top of the dome, the least diameter of 
wdiich is seventeen and the greatest fifty feet. 
Its portico, a magnificent specimen of column- 
atecl facade, showing in its fine proportit)ns. 
richness, strength and beauty, is seventy-six 
feet in length, the height of the columns be- 
ing thirty-eight and the diameter four feet. 
The windows, which are of the finest French 
plate glass, are each surmounted with pedi- 
ments, those on the lower story being arched. 
Each window frame is made of highly orna- 
mented cast iron, the whole weighing, with 
iron shutters, about 3600 pounds. The roof is 
covered with zinc. The tower, from which a 
magnificent view of the city and valley can 
be obtained, finds light from eleven elliptical 
windows, surmounted with an iron railing 
forty-two inches in height, and is reached by 
a staircase with 172 steps. There are three 
landings, so as to make the ascent 'compara- 
tively easy. This noble structure is divided 
into rooms, one fitted up for the board of sup- 
ervisors and the remainder apportioned to 
those of the county officers who do not have 
rooms in the Hall of Records building adjoin- 
ing on the north. The courts are finely ap- 
pointed, that of Department 1 being of noble 
proportions, sixty-five by forty-eight feet. 
The entire exterior of the structure is of imi- 
tation stone. The main entrance is gained 
by an ascent of thirteen granite steps, and 
here, high overhead, stands out in bold relief 
the motto, "Justicia Dedicata." 

No sooner was this splendid building com- 
pleted than an overpowering sense of magni- 
ficence seized upon the board of supervisors, 
for they made strenuous efforts to make their 
court house the headquarters of the State Leg- 
islature, the removal of which from Sacra- 
mento to some more central position then be- 
ing seriously considered. What more natural 
than that the first capital of the state should 
try to regain its lost honors. On February 4. 



154 



HISTORY OF SANTA CLARA COUNTY 



1868, the minutes <if the board showed the 
following: 

"Resolved, That in the event of the General 
Assembly of the State of California determin- 
ing to remove the State Capital to the County 
of Santa Clara, the Board of Supervisors of 
the said County of Santa Clara tender to the 
state, the free and entire use of the Court 
House of said County for state purposes, un- 
til such time as a Capitol building may be 
erected in said County, provided that the 
Capitol building shall be erected in five years." 

The next daj' another motion, as follows, 
was carried: "Resolved, That the Honorable 
the Members of the Legislature and attaches 
thereof, one and all. are hereby invited to in- 
spect for themselves its eligibility as a seat of 
government for this state, prior to any final 
action touching that suliject matter; and the 
hospitalities of the city and county will be 
cordially, extended to them." These orders 
were rescinded June 15, 1872. 

A new county jail was built in the rear of 
the Court House in 1871. The plans of Levi 
Goodrich for a brick structure were adopted. 
The cost was about $60,000. The main prison, 
120x42 feet and 21 feet high, is built on a solid 
brick foundation with granite water tables. 
The walls are 18 inches thick, of brick with 
four-inch iron bars running through the cen- 
ter, four and a half inches apart and riveted 
firmly together, extending around the entire 
])uilding. Through the central part of the 
jiuilding are two rows of cells, which are 
l)uilt in the same substantial manner as the 
main walls, being covered overhead with 
solid arches of heavy iron work and masonry. 
A large corridor extends completely around 
these cells and a commodious passage be- 
tween them. Adjoining the rows of cells, 
l)ut shut oflf from them by a heavy wall is 
what is called the "murderers' tanks." They 
are two in number with a corridor around 
them. The entire roof of the jail is of solid 
sheet iron, strongly anchored down to the 
substantial wall with massive couplings. On 
top of the plate of the roof is a layer of brick, 
finished over with asphaltum. The jailer's 
apartment adjoins the main building on the 
front and is forty-two feet square and three 
stories high, with ornamented fronts on the 
south and east. This section also contains 
kitchen, store room, office and the heating 
system. The second and third stories are 
divided into large and conifortal)le cells, and 
it is in this part of the jail that the women 
prisoners are confined. The whole prison is 
well-lighted by ample windows and skylights, 
well secured. The cells are furnished with 
cast iron sinks and water closets with sewer 



connections. The inner face of all the walls 
are whitewashed. 

The Hall of Records, adjoining the Court 
House at the north and connected with it by 
a wide covered corridor was erected in 1892 
at a cost of $200,000. The overcrowded con- 
dition of the Court House rendered the addi- 
tion necessary. It is two stories in height, 
hut is solidly built of granite on lines similar 
to that of the Court House. It is used for of- 
fices of the county clerk, county treasurer, 
county auditor, county surveyor, county re- 
corder, county superintendent of schools and 
Santa Clara County charities. The liuilding 
was occupied in January, 1893. 

The Hall of Justice is located on the south- 
east corner of Market and St. James streets, 
back of the Hall of Records. It was ready for 
occupancy when the earthquake of April 18, 
1906 wrecked it. The material used in the 
construction was stone from Goodrich's 
quarry, near San Jose, and the earthquake 
])roved that it was not of sufficient stability to 
\^•ithstand the shock. In the reconstruction 
stronger material was used and in 1908 the 
work was completed. The building is occu- 
pied by the county assessor, county tax. col- 
lector, horticultural commissioner, county li- 
brary, probation office, justice of the jK-ace, 
constables and house of detention. 

The first organized eflfort to care for the in- 
digent sick was made in 1854, when a com- 
mittee from the common council met a com- 
mittee from the board of supervisors and 
agreed to act in concert in the matter. By 
the terms of this agreement the county was 
to bear two-thirds of the expense and the city 
tme-third. All affairs concerning indigent sick 
were to be managed by a joint committee 
composed of each board. The council, hovv- 
e\er, refused to confirm the action of its com- 
mittee, alleging that they were able to take 
care of their indigent sick. On this the su- 
pervisors appointed George Peck, R. G. 
Moody and William Daniels as a relief com- 
mittee or board of health. During this year 
the county received $869.45 as its share of the 
state relief fund. 

The next year, 1855, a county physician 
was appointed and the city agreed to pay $50 
])er month towards maintenance and rnedical 
attendance. About the same time the old 
Le\y property was rented for a hospital, the 
city paying a monthly rent of forty dollars. 
In November of the same year the county ad- 
\ertised for proposals for a house and lot for 
hospital pur])oses. In response to this call 
the Merritt brothers offered to sell the old 
Sutter house for $5,500. This house was situ- 
ated to the northeast of the city and to it was 
altaciied .twenty-five acres of ground. The of- 



HISTORY OF SANTA CLARA COUNTY 



155 



fer was accepted and the county occupied the 
premises until February, 1856, when the own- 
ers failing to make a good deed to the prop- 
erty, the contract for the purchase was re- 
scinded. The county then advertised for pni- 
posals for taking care of the indigent sick. 
The first contract was let to Dr. G. B. Crane, 
who agreed to maintain the patients and fur- 
nish medical and surgical attendance for 
$4,600 per year, the number of patients not to 
l^e more than seven a day, or if in excess of 
that number, to be paid at that rate. For sev- 
eral years the patients were taken care of in 
this manner. 

In 1860 the necessity ior a hospital building 
became very apparent and a committee to se- 
lect a site was appointed. Many offers were 
made but the proposal of Hiram Cahill was 
accepted. His tract contained twelve acres of 
land, situated on the south side of South Street, 
just west of Los Gatos Creek. The price paid 
was $4,000. The buildings on the tract were re- 
paired and enlarged and a pest house was built 
near the creek on the south. These premises 
were occupied until 1871. Before this time, in 
1868, the hospital became too small to accom- 
modate all the patients. The city had grown 
much larger and there was consideralile ol)- 
jection to the location of the institution so 
near the city limits. An effort was made to 
secure another location, but it was three years 
liefore a new site was chosen. The- board 
finally purchased of John S. Connor 114 acres 
of land on one of the roads to Los Gatos, 
three and one-half miles from San Jose. The 
price paid was $12,400. In 1875 the contract 
for the building was awarded to AV. O. Brey- 
fogle for $14,633.70. Messrs. Lenzen and Gash 
were the architects. Before this, the old 
buildings from the old grounds had lieen re- 
moved to the new site and the old premises 
cut up into lots and sold for $4,518.64. In 
1884 eighty-one acres of the new tract were 
sold to different parties, leaving thirty-three 
acres to the jjresent grounds. Afterward more 
land was liought so that now the tract con- 
tains thirty-eight and one-half acres. The 
inone\- accruing from the 1884 sales amounted 
to $14. 7_'7 71. lieing $2,327.71 more than the 
cost oi" tlu- ciuire tract. Since the removal of 
the hospital to its present location many build- 



ing additions and improvements have been 
made. The average number of patients dur- 
ing 1919 was aliout 200. The main hospital 
has five wards and is replete with every sani- 
tar\- requirement. Outside are the tubercu- 
losis hospital. Old Ladies' Home, with thirty- 
seven inmates; Old Men's Home, isolation 
hospital, and pest house, and residences for 
the eighteen nurses and the superintendent. 
Dr. D. R. Wilson. Edward Halsey is the sec- 
retary. 

Up to 1883 there was no almshouse in 
Santa Clara County. Invalids in destitute 
circumstances were cared for at the county 
hospital, while the indigent who were not in- 
^alicls \\-crc cared for by allowances by the 
board of superxisors. These all()\\ances were 
of money. pro\i>ions. clothing, fuel. etc.. as 
each case might demand. For many years the 
destitute children were cared for by the La- 
dies' Benevolent Societ}-, this society receiv- 
ing from the board a monthly allowance of a 
certain amount per capita. Each supervisor 
exercised a supervision over the destitute of 
his district and all allowances were made on 
his recommendation. 

The expense necessarily incurred by this 
svstem of affording relief began to be very 
burdensome and in 1883 steps were taken to 
establish a county farm. In March of that 
year a committee was appointed to examine 
the matter and the report was in favor of es- 
tablishing an almshouse. The present site — 
on the Oakland road, half a mile south of 
Mil])itas — was selected. A tract of 100 acres 
was purchased from James Boyd for $25,000. 
The tract contained the present main building, 
which had l)een erected as a residence some, 
vears before bv John O'Toole at an expense 
of $21,000. Now nearly all aid to destitute 
persons is extended through this institution. 
Persons not residents of the county are not 
aided at all, but are returned to the counties 
where they l^elong. For several years indi- 
gent women were cared for here, but when an 
Old Ladies' Home was built at the county hos- 
pital the)^ were removed to the new location. 
The superintendent is James Carson and the 
number of patients (1920) is 198. Those who 
are able to work are employed about the 
grounds, mainly in gardening. 



CHAPTER XV. 

The Resources and Attractions of San Jose, the Garden Cty of California — 
Soil, Climate, Productions and Opportunity — What a Man From the 
East Learned From an Old Resident. 



"San Jose? In California? Never heard of 
tlie place. Must be some old Spanish villag-e. 
eh? Pueblo — that's it, pueblo. I've read Span- 
ish history and when I was a youngster I 
had a lot of Spanish lingo at my tongue's end. 
I never heard of but one San Jose on the 
Western Continent and that is San Jose de 
Costa Rica. Perhaps you were not referring 
to California and your San Jose is the Costa 
Rican city. No? Then where is your San Jose 
and what do they raise there, coffee or pump- 
kins?" 

The speaker was a man from the East, who 
had come to California in search of a home 
and also a field for the profitable investment 
of the money he had saved after years of toil 
in the cold, cheerless communities of New 
England. The scene was the reading room of 
one of San Francisco's palatial hotels' and the 
person addressed was an old resident of San 
Jose, who had been introduced to the East- 
erner by a mutual friend. 

"San Jo.se is of right the fourth city in the 
state and is located in the heart of the rich- 
est valley in the world : distance from San 
Francisco, forty-eight miles. It i.s — " 

"Hold on, hold on," was the quick inter- 
ruption. "Let me get my breath — you quite 
took it away by your surprising announcement. 
I am a tenderfoot, it is true, but I thought 
I had California sized up pretty well before 
I bought my ticket in Boston. I knew there 
were a large number of towns and villages 
where they dig for gold, but I had formed 
the idea that the only two cities worth men- 
tioning were San Francisco and Los Angeles. 
As San Francisco is hardly the place for a 
home, I had concluded to go to Los Angeles." 
"Have you bought your ticket?" "No," was 
the reply. "Then before you do so let me 
suggest that you take a trip to San Jose. You 
are looking for a place suitable for a resi- 
dence. San Jose offers the best inducements 
of any community in the state of California. 
You have money to invest — invest it in the 
Santa Clara Valley." 

"Hut I am very particular. 1 liave a family. 
children not yet grown up. There are many 
things to be considered and I am afraid, my 
good friend that a country town or city — 
for 1 have heard that out here in the West a 
town becomes a city when it can show a popu- 



lation of 800 or 1.000— will hardly afford the 
facilities which are essential to the well-being 
of my family." 

"Let me tell you something about San Jose 
and its environs. Perhaps I may be able to 
furnish facts that will suit all your require- 
ments." 

"I shall be pleased to hear ynu." The man 
from the East lighted a cigar, then sinking 
in his chair waited for the promised exposition. 
"You spoke of Spanish villages," began the 
old resident," and that reminds me that San 
Jose was once a Spanish pueblo, where all 
the houses were of adobe, where the seat of 
education and religious enlightenment was in 
the Mission and where wild cattle roamed the 
valley and a dolce far nlente people lived lives 
of ease and dreamed not of the time when 
fair and stately homes should dot the lands 
given over to the chapparal and the wild mus- 
tard, and the busy hum of industry indicative 
of an advanced civilization should be heard in 
places where happy feet kept time to the se- 
ductive strains of the Spanish guitar, or where 
the matador and picador imperiled their lives 
for love or gold. San Jose was settled in 1787 
as the result of an e.xploration made at the 
instance of the Spanish authorities in 1769. 
Until 1830 no Americans had ever penetrat- 
ed California. In that j-ear they began to ar- 
rive so that when the discovery of gold was 
made San Jose was practically dominated by 
the American population. In February, 1848, 
the United States, by treaty, acquired title to 
California and the first Legislature held its 
first session in San Jose, which for a short 
time was the capital of the state. Had gen- 
eral and not sectional interests been consult- 
ed, it would be the capital today; but by a 
series of bargains, governed solely by selfish 
considerations, the capital was removed first 
to one point and then another until it reached 
Sacramento to stay. In 1849 — the year the 
Argonauts came from all parts of the world — 
San Jose, as now, was the paradise of the 
homeseeker, its location, climate and other at- 
tractions combining to make it the most fa- 
vored city in the state. Seekers for the gold, 
which was to be found in the mountainous 
counties to the north and east left their fami- 
lies in San Jose, well knowing that while they 
delved for "the yellow metal their loved ones 



HISTORY OF SANTA CLARA COUNTY 



157 



were surrounded l)_v all the ct)nditions calcu- 
lated to make life worth living. And if life 
were worth living in San Jose and the Santa 
Clara Valley in 1849, what must be said of 
the advantages which it possesses today? Then 
the valley, outside of the pueblo, was practic- 
ally an unbroken plain where the wild cattle 
roamed at will. Today is presented a trans- 
formation that would hardly be looked for out- 
side of an Arabian romance. The late Judge 
Belden, in a graphic and beautifully worded 
])icture of the valley in the vicinity of San 
Jose, thus set forth some of the attractions : 

" "To the visitor approaching San Jose, 
through the upper end of the Santa Clara Val- 
ley, each mile traversed ushers in some de- 
lightful surprise, introduces a new climate. If 
his advent be from the north, the hills of ver- 
dure which encircle the bay recede on either 
hand and assume a softer contour and a rich- 
er garb. The narrow roadway that skirts the 
salt marsh has widened to a broad and fer- 
tile valley that stretches as far as the eye can 
reach in luxuriant fields of grass and grain and 
miles upon miles of thrifty orchards. Border- 
ing this verdant plain, in hues and splendors 
all their own, come the hills and into the re- 
cesses of these hills creep the little valleys 
and as they steal away in their festal robes 
they whisper of beauties beyond and as yet 
unseen. In full keeping with the transformed 
landscape is the change of climate. The harsh, 
chill winds that pour in through the Golden 
Gate, and sweep over the peninsula, have abat- 
ed their rough work as they spread over 
the valley, and, softened as they mingle with 
the currents of the south, met as a zephyr in 
the widening plain. 

" 'If the approach to San Jose be from the 
south, the traveler, wearied with the desert 
and its hot, dry air, is conscious of a sud- 
den change. The sterile desert has become 
a fruitful jilain and the air that comes as balm 
to the ])arclied lungs is cool and soft and 
moist with the tempered breath of the sea. 
If it be spring or early summer, miles upon 
mile stretches the ^•er(laIlt plain ; over it 
troops sunshine and shadow; across it ripples 
the waves. Summer but changes the hue and 
heaps the plains with abundant harvest of 
grain, vegetables and fruit, while the first rain 
brings again the verdure and the beauty of 
spring. "An ocean of l^eauty," exclaims the 
charmed beholder.' " 

"From that very pretty description I infer 
that your climate is not to be sneezed at." 

"We are proud of our climate," replied the 
old resident, "and with reason. There are all 
sorts of climate in California but it is general- 
ly conceded by those who have traveled the 
state over and are not afraid to express an 



honest opinion, that the climate of San Jose 
and the Santa Clara Valley is unsurpassed in 
mildness and salubrity. It is all owing to 
topographical situation. With moderately high 
mountains rising on the east and west and 
closing in on the south, the valley is pro- 
tected from the fog and winds that in cer- 
tain seasons envelop more exposed sections 
in less favored locations. Protected from ex- 
tremes of heat and cold by the sheltering arms 
of the mountains, the hottest days of summer 
are never oppressive on account of the cool 
breezes that sweep in from the bay. Climat- 
ically considered, San Jose and the Santa Clara 
Valley is open to no objection." 

"Your climate I admit is all right, hut what 
about resources?" 

"The valley is one of varied resources and 
San Jose, as the county seat, enjoys the major 
part of the benefit derived from the orchards, 
grain fields and berry and vegetable sections. 
The shipping facilities are unexcelled. In the 
first place San Jose is the terminal point and 
therefore growers are not compelled to send 
their products to a great distance at local 
rates in order to reap the benefits that always 
accrue by reason of the rates offered at ter- 
minal points." 

The man from the East was becoming vastly 
interested. His cigar had gone out and his 
eyes were fixed intently on the face of the old 
resident. "What kinds of fruit do you raise?" 
as asked, and on the moment out came his 
notebook. 

"Prunes, apricots, cherries, pears, apples, 
peaches, quinces, olives, nectarines, plums, 
limes, lemons and oranges." "Oranges?" "Yes, 
oranges in the section we call the warm belt, 
but our prunes, apricots and peaches give such 
better returns tliat we do not count on citrus 
fruits, leaMiii; that line to the southern coun- 
ties. Prunes take the lead and San Jose han- 
dles about all of them. There are twenty-three 
packing houses and twenty-four canneries in 
San Jose alone ; outside there are fifteen pack- 
ing houses and about the same number of 
canneries. The number in city and country 
will increase before the year is out. 

"Gee Whiz !" ejaculated the man from the 
East, "San Jose must handle hundreds of tons 
of fruit each year." 

"Hundreds of tons? Thousands of tons 
would hit the mark. In the shipment of dried 
fruit San Jose's contribution is about half of 
that of the whole state." 

"Plow about marketing?" was the next in- 
quir}- as the business sense of the man from 
the East came to the fore. 

"We are exceptionally favored," was the re- 
ply, "in having an organization allied with the 
[backers which controls more than eighty per- 



158 



HISTORY OF SANTA CLARA COUNTY 



cent of the prune and apricot output of the 
entire state. It is called "The California Prune 
and Apricot Growers, Inc.' It came into ex- 
istence in 1916 and its growth has been such 
that it now owns forty packing houses, has 
alliances with many packers and costly ex- 
tensions and improvements have been mapped 
out for the near future. By the rules which 
govern its conduct it is able to prevent 
troublesome fluctuations and the expensive in- 
terventions of middlemen and bring security 
and good prices to the orchardists. It is a 
combine in which the interests of producer, 
buyer and consumer are equitably adjusted." 

"That's good. I like that. And now another 
riuestion. What are fruit lands in the vicinity 
of San Jose worth ?" 

"On account of the large profits, prices have 
gone up during the past ten years. Suitable 
lands with liearing trees sell all the way from 
S800 to $1500 per acre. On some of these lands, 
planted to prunes and apricots, the profits per 
acre, in 1919, ranged from $500 to $1,000. So 
you see the prices are not high when profits 
are considered. .\s an instance of money I 
will cite one case. A San Franciscan in the 
spring of 1919 bought a twenty-acre bearing 
prune orchard for $30,000. The ^fall of that 
j'ear brought him a profit of $15,000 on his 
fruit. So you see half the value of his prop- 
erty was paid for in one year." 

The man from the East looked at his watcli. 
"1 find I have yet more than an hour at ni}- 
disposal," he said. 

"Then I will talk rapidly." replied the old 
resident, "though I could put in a week and 
not exhaust the subject. 

"The soil in and about San Jose offers the 
prime requisites for the raising of all kinds 
of vegetables and small berries. This with a 
climate equally suited, a ready market in San 
Jose and a still larger one in San Francisco, 
makes the business of production a most prof- 
itable one and gives employment to a large 
number of people. The seed output will more 
than double the amount of other garden prod- 
ucts. One of the seed farms located near San 
Jose is the largest in the world. In the future 
another soil industry may be added — flax cul- 
ture. Statistics show that it is very profitable 
and in the opinion of experts the climate and 
soil of the valley meet every requirement. 

"While San Jose is noted as a horticultural 
center its industries along the line of manu- 
factures are not unimportant. There are 
many lunil)ering manufactories in the city and 
vicinity. There are flour mills, iron and brass 
foundries, tanneries, carriage factories, mar-, 
l)le works, cigar factories — Ijut stay, it is bet- 
ter to give you a list prepared by the Chamlier 
of Commerce, so vou see what San fuse can 



lioast of: Acme Sheet Aletal Manufactory, 
.\nderson-Barngrover Mfg. Co., manufactures 
fruit and canning machinery : T. D. Anderson, 
awning and tent makers: Banks Corporation, 
manufactures Banks' Evaporator: I'.ean Spray 
Pump Co., manufactures punijis, L;as and trac- 
tion engines: Beech Nut Co., jams and pre- 
serves: E. Benone, Ravioli an(l Noodle Mf.g. 
Co. : Harry Bobbitt, California Wall Paper 
Mills ; Braslan Seed Growers Co. : Burns Mat- 
tress Co. ; Byron Jackson Iron Works, cen- 
trifugal and turbine pumps: California Seed 
Growers' Association ; Campbell & Budlong 
Machine \\'orks. pumps and engines; Chase 
Lumber Co. : Christian Mfg. Co., harvester 
teeth ; Cowell Lime and Cement Co. ; Delmas 
Paper Co. ; Eagle Body Mfg. Co., auto body 
builders and repairers; Farmers' Grain and 
Poultrv Supplv Co. : Finnett-McEwen Co., 
tract. .rs: I'i^k Rubber Cn. : Garden City Glass 
Co.: ('.ar.lrii City l'..ltcry: Cardcn City Rub- 
Ijcr Works: Garden City Implement and Ve- 
hicle Co. ; Glenwood Lumber Co. ; James 
Grahain Mfg. Co., stoves and ranges; Hart's 
Auto Signal Tail Light Co. ; Hubbard & Car- 
michael, lumber and mill work ; Kimberlin 
Seed Co. ; Knapp Plow Works ; San Jose Bot- 
tling Co. ; San Jose Wire Strapping Co. ; 
Moenning & Flarvard, pumps and engines ; 
Mussos Outing & Equipment Co.; Pacific Gas 
is: Electric Co. ; Pacific Mfg. Co. ; Pacific Shin- 
gle and Box Co. ; Peterson-Kartschoke Brick 
Co. ; Pioneer Rubber Co. : National Axle 
Mfg. Co.; San Jose Broom Factory: San Jose 
Flour Co. ; San Jose Marble & Granite Works ; 
San Jose Foundry ; San Jose Lumber Yard ; 
San Jose Paper Mills; Ravenna Paste Co.; 
Schuh & Vertin, granite and marble works ; 
Securit}^ Cold Storage Co. ; Sperry Flour Co. ; 
\ acuuni System Oil Refining Co. ; San Jose 
Implement Co.; Marvel Compound Co., boiler, 
gas engine and radiator compounds ; Litch 
Pump & Supply Company, Smith Manufac- 
turing Company, and several others. Besides 
tliese four Building and Loan Associations, 
eighteen dairies and creameries, eight whole- 
sale flour and grain houses, nineteen butcher 
shops, over one hundred grocers, five sani- 
tariums and hospitals, a telephone company 
with over 14,000 subscribers, and other lines 
of business. (Jne drawback to the proper de- 
\e!opnient of manufacturing industries was 
the lack of cheap fuel, but a factor of the 
greatest importance was furnished in 1901 
when the Standard Electrical Power Com- 
pany with plant at Blue Lakes, put up poles 
and wires in Santa Clara County and fur- 
nished 15,000 horsepower for every purpose 
for which it could be used." 

"Tell me more about San jose. itself. 1 
want the details." 



HISTORY OF SANTA CLARA COUNTY 



159 



"San Jose," said the old resident, with glis- 
tening eyes, "is the garden spot of California, 
the Queen City of the Pacific Coast. It is 
beautifully situated in the center of the val- 
ley, surrounded by the richest fruit growing 
section in the world, and having within its 
boundaries all the elements conducive to a 

mate, you knnw SdiiK'thint; rcs)ir(.tint;- the rc- 
scjurces di' the ciintigudus territmy. and you 
will therefore understand that trade must nat- 
ur.'illy gra\itate to the city by reason of its 
location with outlying' sections. The con- 
stancy and certainty of trade enables the 
farmers and orchardists to pay cash for sup- 
plies and in turn insures the prosperity of the 
merchants. But the fruit industry and the 
manufacturing concerns form but two factors 
in promoting commercial healthfulness. Hun- 
dreds of thousands of dollars flow in annually 
from the educational and other public institu- 
tions situated in San Jose and its near vicinity. 

"It is one of the most beautiful residence 
cities in the state on account of its charming 
situation, unrivaled climate, beautiful land- 
scape, educational facilities, accessibility to 
the great metropolis of the coast, and to the 
intelligence, refinement and enterprise of its 
people. It is connected with San Francisco 
with three lines of steam railroads, one line, a 
transcontinental one, running from San Fran- 
cisco and San Jose along the coast to I^os An- 
geles and thence East. There are also elec- 
tric lines running to Palo Alto on the north, 
Los Altos, Cupertino and Saratoga on the 
west and Los Gatos and Campbell on the 
south. In the near future the electric cars \\-ill 
convey jiassentjers frcjin San Jose to San Fran- 
cisco. A new transcontinental line, starte<l in 
1917 and finished in 1922, is the AX'esterh I'a- 
cific. .\ branch line was Ijuill from Xiles." 

"How aliout auto sta-es? Do vou have 
them ? 

"Of course." replied the old resident, se- 
renel}-, "for we're up to date in San Jose. 
There are hourly auto stages to San' Fran- 
cisco, Oakland, Stockton, Sacrainento, Gilroy, 
Los Gatos, Saratoga and other points. In 
fact you can get an auto to take you any- 
where in the state. And talking about autos — 
I will inform you that San Jose is the pride 
of the automobilists of California, for it has 
more roads, better roads, more beautiful 
spots — valley or mountain — more orchard 
a\-enues than any other section of the state. 
The state highway runs through San Jose 
with branches to Santa Cruz, Gilrt'ty and other 
towns in the county. Besides there are hun- 
dreds of miles of paved roads paid for by the 
board of supervisors acting for the county." 



The man from the East made a movement 
in the direction of his watch pocket, but it 
was not completed. Some restraining influ- 
ence was at work. Presently he said: "You 
speak of educational facilities. A city or town 
may have climate t.. lnirn. the scenic beauties 
that jioets rave about, but unless it possesses 
a full measure of the best of civilizing influ- 
ences it fails of being the 'one and altogether 
lo\ely spot' to me." 

The old resident listened complacently. "I 
think I can satisfy you," he replied, "for one 
of the strongest appeals that San Jose makes 
to the seekers of homes is that it i.s the center 
of the finest system of education to be found 
on the Pacific Coast. In the city itself are the 
public schools from primary to high, and 
many academies and private schools. The 
high school building, or buildings, for there 
are man\- of them, cover acres of ground, and 
with the improvements mapped out for this 
}-ear — athletic grounds, new structures and an 



>st 



las 



highest uni\er>ity rating and the course of 
study embraces almost every de]>artment of 
culture from the rudiments of learning up to 
the arts, sciences and classics. The grammar 
schools, nine in number, are coniiiarativelv 
new, are built in the mission form with spa- 
cious grounds, up-to-date sanitary conditions 
and all tlie ai.pliane.s of lirM-ela-SS metropoli- 
tan institutions. And there are in the city com- 
mercial schools, church .schools, and schools of 
painting, industrial arts and metaphysics. In 
San Jose is located the State Teachers' 
College, with an efficient corps of instruct- 
ors for the education of teachers: the College 
of Xotre Dame, one of the leading Catholic 
institutions of learning and morals in the 

training of y(]ung girls: and the St. Joseph's 
school f()r boys. Two miles from the heart of 
the city at College Park is the College of the 
Pacific, the leading Methodist College of the 
Pacific Coast, with a Conservatorv of Music 
attached : at Santa Clara, three miles distant, 
is the L'niversity of Santa Clara, founded by 
the Fathers of the Society of Jesus and hav- 
ing commercial, law, scientific and classical 
courses, and with a reputation that extends to 
every part of the United States. Palo Alto, 
nineteen miles distant, about half an hour's 
ride from San Jose, boasts of the Leland Stan- 
ford Jr. University. It is designed in this 
university to represent the crown and out- 
come of the new education, specialized, how- 
ever, on the highest planes in utilitarian di- 
rections. This unixorsity is really an asset of 
San Jose and as such I speak of it. 



160 



HISTORY OF SANTA CLARA COUNTY 



"It might he well for you to know that San 
Jose is a city of churches, every denomination 
of importance being represented. The cost of 
the buildings, which in their ornateness add 
much to the beauty of the city, range from 
$5,000 to $200,000. ' In the line of charitable 
institutions there is the sanitarium built by 
the donation of the late Judge M P. O'Con- 
nor and conducted by the Sisters of Charity ; 
the Pratt Home for old ladies, the Sheltering 
Arms, and the Orphans' Home, conducted by 
the Ladies' Benevolent Society. Besides there 
are many other organizations, like the Good 
Cheer Club and the Elks which care for the 
sick and distressed." 

"How about public buildings?" asked the 
Easterner. "Do they match the other things 
you have been talking about?" 

"They do and they present much that is 
architecturally beautiful and substantial. The 
Court House,' Hall of Records, Hall of Justice. 
City Hall and Postoffice cost one million and 
a half dollars in the aggregate, and each struc- 
ture is massive and imposing. The Carnegie 
Library, built by a donation from Andrew 
Carnegie, is a handsome structure, located in 
one corner of Normal Square, and answers the 
public needs. The business houses of San 
Jose are large, well built and attractive struc- 
tures. There are two skyscrapers — the First 
National Bank building, nine stories, and the 
Garden City Bank and Trust Company build- 
ing, seven stories. The residences, as a rule, 
are in the bungalow style, costing from $2,000 
to $75,000. Some of the suburban residences 
are veritable palaces and they stand as mon- 
uments of art and lieauty in the midst of lu.\- 
uriant gardens and thrifty orchards. Speak- 
ing of gardens, San Jose has well been called 
the Garden City of California. Flowers grow- 
so easily and abundantly that every residence 
has its flower garden and every month in the 
year some varieties are in bloom. There is no 
snow and the frosts are so light that only the 
most delicate plants are afifected. There is no 
time in the winter when the ground may not 
be worked, so that under what are semi-tropical 
conditions the growth of flowers has every- 
thing in its favor. The facility with which the 
flowers are grown add much to the beauty of 
the public parks, of which there are four, 
ranging in size from three to thirty acres. 

"Are there any health resorts in the neigh- 
borhood of San Jose, any drives or—" 

"Enough to beat the band," was the expres- 
sive response. "The citj^ owns a natural park 
known as Alum Rock, which is one of the most 
picturesque and inviting spots in the state. 
It is but seven miles distant, covers an area 
of about 1,000 acres, is under control of the 
city government, and is reached by three fine 



driveways and an electric railway. There are 
bath houses, plunges, a restaurant, swimming 
tank, esplanade, a concrete dam for the water 
supply, beautiful park-like enclosures for flow- 
ers, and lovely walks in every direction. The 
fame of the mineral w;aters has spread far and 
wide. There are other mineral springs not 
far from San Jose, and the fact that they are 
located far above the sea level and with most 
attractive natural surroundings make them 
sought after by both the invalid and the tour- 
ist. The roads about San Jose are among the 
best in the state, for the reason that they are 
not only kept in first class condition the year 
round but are sprinkled continuously from the 
end of one wet season to the beginning of an- 
other. This work is done under an energetic 
and up-to-date board of supervisors. 

"While there are charming drives through 
the orchard districts, to the quicksilver mines 
at New Almaden, to Los Gatos and Saratoga 
in the western foothills, to the Big Basin, the 
great redwood park in the Santa Cruz Moun- 
tains; to Alviso and Milpitas near San Fran- 
cisco Bay, along the far-famed Alameda to the 
town of Santa Clara and in other directions 
where the natural prospect is inviting to the 
eye, the one most favored by tourists is the 
drive to the Lick Observatory on the summit 
of Mt. Hamilton." 

"I have heard of the Observatory." inter- 
posed the man from the East, "but I never 
connected San Jose with it." 

"It is San Jose's greatest auxiliary attrac- 
tion, though the Big Basin is running as a 
close second. The road that leads to the Ob- 
servatory is twenty-seven miles from San Jose 
and was built at the expense of the taxpayers. 
It is conceded to be the finest mountain road 
in the world and cost upwards of $75,000. It 
was upon the condition that Santa Clara 
County should build the road that James Lick, 
millionaire philanthropist, agreed to construct 
the Observatory and equip it with the finest 
astronomical appliances in the world. THe 
important discoveries that have been made 
smce the astronomers began their work have 
given the Observatory a world-wide fame. 
The lieautiful scenery of the Coast Range is 
seen at its best on the road to the summit, and 
the drive up the mountain is as much an at- 
traction as a look at the heavens through the 
great thirty-six inch glass." 

"If tourists should visit San Jose for a 
tri]) to the Observatory what accommoda- 
tions would they find?" 

"As good as can be found anywhere. There 
are twenty-seven hotels, besides dozens of 
lodging houses. The finest hotels, metropoli- 
tan in every respect, with electric lights, heat- 
ing plants, elevators and the finest of service 



HISTORY OF SANTA CLARA COUNTY 



are the Vendome, Hotel Montgomery and 
Hotel St. James." 

"You have spoken about the climate, scenic 
and other attractions. Have _\-ou a system of 
sewerage, and how does it operate?" 

"San Jose has a system, a perfect one, and 
it operates to the satisfaction of the entire 
community. The city, you must understand, 
is located on a plain which slopes gently 
toward the bay. The problem of drainage, 
therefore, which has in sections less favor- 
ably situated involved great expense, was in 
San Jose easily solved. The fall is about ten 
feet to the mile, enough to insure a rapid flow 
of water and there are now over sixty miles 
of main and branch sewers. The principal 
drainway is built of brick and is five feet in 
diameter." 

"Where do you get your water supply?" 

"From artesian wells and from the lakes 
and streams situated high up in the moun- 
tains. The supply is ample and can be in- 
creased whenever occasion demands. The 
pressure to the hydrants from the water 
brought in pipes from the hills is fifty-five 
pounds to the square inch." 

"How about taxes?" 

"Not high. Up to May, 1920, the city rate 
was $1.19. Of this eighty-five cents was for the 
support of the city government, fifteen cents 
for the school department, and nineteen cents 
for the payment of princijjal and interest on 
bonded indebtedness of $659,400. In May, 
1920, at the regular city election, it was voted 
to increase the tax rate to thirty-five cents, the 
increase to last for three years only, to give 
the city a chance to recuver from the loss of 
lic|uor licenses dm- to tlic wiping out t)f the 
saloons through I'nihibiticin. 

"In conclusion," sadi the old resident, "I 
will say that we are working under a com- 
mission form of government, with a cit\- man- 
ager as its principal officer ; that we have a 
Charnber of Commerce, a live, progressive 
body of representative men ; a Merchants As- 
sociation, the Rotary, Lions, Civic Welfare, 
a Commercial Club, a Progressive Business 
Men's Association, (.)ne Hundred Per Cent 
Club and the Commercial Club for placing San 
Jose in large letters on the map ; that the 
streets of San Jose are lighted by electricity; 
that car lines operated by electricity traverse 
the city in every direction and extend to out- 
lying towns: that fifty-nine railway trains 
leave the city daily; that the city has two 
daily new s]iapers, the Mcmiry ( ninrnins.;) and 
the Neivs lexeningj furnishing the news of 
the world by Associated Press and United 
Press dispatches ; that all trades and profes- 
sions are represented — there are forty-five 
dentists, seventy-seven physicians and eighty 



lawyers, and that there are over 100 auto sales- 
rooms, garages and service stations; that over 
12,000 automobiles are owned in San Jose and 
at least half that number by residents of out- 
side districts; that there are fraternal orders 
gainre besides clubs for men and clubs for 
w.imen, the latter for social culture, educa- 
tional and literary advancement, and in the in- 
terest ot ni..r;ility; that there are six banks, 
an ellicK'iit pohce force and fire department, a 
public library, fine, costly buildings for the 
\. M. C, A. and ^•. W. C. A., Protestant, and 
the \. M. I.. Catholic; a Humane Society 
Medical Society. Pioneers Society, six thea- 
ters (three of them motion picture houses), 
many concert and lecture halls, a system of 
rural delivery that reaches every part of the 
county, thus insuring a dailv delivery of mail 
by carriers; that the total valuation of all 
property in the city amounts to $26,234,600; 
that the population within the legal bounda- 
ries is_over 40,000 and that it would be at 
least 65,000 if the suburban districts, really a 
part of the city so far as social and business 
interests are concerned, were admitted as a 
part of it. 

"Are you through?" "Nearlv. Have you 
any questions to ask?" "You 'seem to have 
about everything worth having down your 
way, but I think San Jose will be found lack- 
ing in one resjiect." 

The man fr. .in the East paused and with a 
look which said. 'T've got vou, now," waited 
for the old resident to speak. 

"If we haven't got it, it isn't worth having." 

"I do not agree with you. I like relaxation. 
'All work and no play makes Jack a dull boy.' 
1 rc(iuire (.mtdoor exercise with some nice 
ozoiK- thrown in to give me a healthy color 
and take the kinks out of my muscles." 

"Ah, I see. You want a' baseball or a cv- 
clers' club. We have both in San Jose. We 
have the automobile as well and as" for hunt- 
ing and fishing, no county m the interior of 
the state oflfers better mducenients." 

"They are all right, but you l:aven't got 
what I want and that's a golf' club." 

The old resident's face fairlv beamed: 
"Haven't got a golf club? Why.' man alive, 
we've got the best golf club in Central Cali- 
fornia." 

"You can't mean it." 

"I do. It was organized al)out twenty years 
ago, has as fine links as any one could wish, 
with an ornate club house, replete' with every 
up-to-date convenience and costing about 
$20,000. The links are located on rising 
ground at the foot of the eastern hills about 
four miles from the city. A prettier location 
could not be found. The club house has an 
outlook that takes in the whole valley. It goes 



162 



HISTORY OF SANTA CLARA COUNTY 



without saying that the club is composed of 
men and women who represent the best in 
society and business." 
"What are your prospects for the future?" 
"They are very bright. Money is easily 
obtainable and in a business way San Jose is 
prosperous. Its various resources and utili- 
ties combine to make it so. The Chamber of 
Commerce is doing wonders in the way of 
promoting business activity, fostering im- 
provements and paving the way for all enter- 
prises looking to the city's advancement along 
the best lines. Seven miles north of San Jose 
is the port of Alviso, situated on a slough 
which empties into San Francisco Bay. Be- 
fore the European war the city bought a stri]) 
of land extending along the Alviso road to 
Alviso and more land suitalile for the estab- 



lishing of a real port of entry for vessels. It 
\\as the intention, through Government aid, 
to dredge the slough, make it passable for 
transportation craft and thus provide San 
Jose with water as well as railway transporta- 
tion for her products. The war stopped the 
project, but Sunnyvale, nine miles from San 
Jose, has taken it up and a port, near the San 
Jose line, will soon be in operation. So you 
see that in 1922 the City of San Jose offers a 
fine field for the investment of money." 

"Soil, climate, production, opportunity, 
Eh?" "Yes." 

The man from the East now looked at his 
watch. "The L'ls Angeles train has gone," 

he said. "Well? fhere's the train for San 

Jose. I'll take it." 



CHAPTER XVI. 

Additional Events in the History of San Jose — The Advent of Street Cars and 
Other Metropolitan Advantages — The Crimes of the Seventies, Eighties 
and Nineties — A New Form of Government. 



An act to incorporate the city of San Jose 
was passed by the Legislature, March 27. 
1850, by whicli it was directed that the city 
government should consist of a mayor and 
seven councilmen, who were designated a 
"body politic and corporate" under the name 
of "The Mayor and Common Council," This 
name was retained until the city adopted the 
commission form of government in 1916. The 
first city tax was levied July 11, 1850, and was 
for one' per cent on the assessed value of all 
property. The first council voted themselves 
pay at the rate of six dollars per day. This 
ordinance w^as repealed in December of the 
same year, on motion of Dr. Ben Cory. The 
first order looking to the improvement of the 
streets was made on December 2, 1850, which 
provided for sidewalks in the business part of 
the city. The income of the city for its first 
year of incorporation was $37,359.30: expendi- 
tures, $37,106.04. The expenses included a 
debt of $7,500 handed down from the Ayuntia- 
mento of 1849. The city was divided into four 
wards in April, 1853, and a fire warden ap- 
pointed for each ward. An approj^riation of 
$2,000 for fire apparatus was also made. 

In 1855 the oflice of captain of police was 
created and the same year the mayor and 
council held session in the new city hall on 
Market Street, north of Santa Clara Street. In 
1866, by act of the Legislature, the city funded 
its floating debt by the issuance of bonds, 



which were paid for in 1865. thus leaving the 
city out of debt. 

A new charter was adopted in 1857. Under 
the new system the government of the citv 
was vested in five trustees, a treasurer, a 
clerk and assessor, and a collector. 

In 1853 gambling was licensed, $500 for 
each table. 

The Democratic party in San J.)se was or- 
ganized in 1853. Dr. A. J. Spencer was ])resi- 
dent, John M. Murphy and Samuel Morrison, 
secretaries. In 1854 the first convention was 
held at the office of the mayor, chairman, 
Thomas J. West; secretary, P.' K. Woodside. 

The Whig party was organized in 1853 and 
on July 1, a convention was held with Cole- 
man Younger, chairman, and l'"rc(leric Hall, 
secretary. 

In 1854 a district school was estal)lished. 
Freeman Gates, principal. 

In 1855 the Know-Nothing party came into 
existence but held no convention. Its candi- 
dates were nominated ])y primary. 

The Republican party was organiz^ed in 
1856 and a convention was held the same year 
with J. H. Morgan, chairman; A. C. Erkson 
and M. Sawyer, vice-chairmen; C. G. Thomas 
and R. Hutchinson, secretaries. 

in 1857 San Jose was remapped. 

in 1858 the Anti-Lecompton (Uouglas- 
Democrat) ])arty convened at tlie city hall. 



HISTORY OF SANTA CLARA COUNTY 



163 



W. M. Lent, chairman, and Freeman Gates, 
secretary. 

An ordinance authorizing the city to lay 
gas pipes was passed January 11, 1858. In 
Jul\-, 1860, James Hagan secured a franchise 
from the city for this purpose. The first lights 
were given on January 21, 1861. There were 
then only eighty-four consumers and seven 
street lights. " 

In 1861 Jasper D. Gunn, city marshal, ah- 
sccmrled. having embezzled $2,700 of the city's 
nmncy. ('.unn was acquitted of the criminal 
charge hut his bondsmen were sued by the 
city and judgment obtained against them. 

Donald Mackenzie, in May, 1864, was 
granted permission to lay water pipes in the 
streets of the city. This was the beginning of 
the San Jose Water Company. 

In 1865 a bridge was built over Coyote 
Creek at Santa Clara Street. The same year 
the Mansion House, built in 1850, was burned. 

In April, 1867, .'\hijah McCall. county treas- 
urer, absconded, being a defaulter in the large 
sum of $23,762.41. He was arrested and con- 
victed. 

William Blanch, an Englishman, was mur- 
dered on .May 16, 1860. while at labor in a 
field he was cultivating about a mile from San 
Jose. The murderer was an Indian named 
Salvador Garcia, who had been accused by the 
deceased of stealing a rope. Garcia was 
hanged. 

In .March, 1868, the Legislature granted to 

5. A. Bishop and others a franchise to con- 
struct a horse railroad along the Alameda. <_)n 
August 31 work on the road was started and 
on November 1, the cars made their initial 
trip, running from First Street, San Jose, to 
Alain Street in Santa Clara. In 1869 the line 
was extended eastward along Santa Clara 
Street to the Coyote Creek bridge On July 

6, 1870, the board of supervisors granted the 
company permission to use steam, pony or 
pneumatic propelling power, and on Novem- 
ber 6, 1877, authorit}- was granted to permit 
cars to run o\er the bridge to McLaughlin 
Avenue. 

On Wednesday, October 1, 1868, at eight 
o'clock in the morning a severe earthcjuake 
shook California. San Jose suffered consid- 
erably. The heavy brick cornice of Murphy's 
Iniilding, corner of Market and El Dorado 
Streets, fell to the ground. The Presbyterian 
Church on Second Street sustained great 
damage. All the brick turrets fell and large 
purti(jns of the steeple were precipitated 
through the roof to the floor. The large water 
tank over the roof of Moody's flour mill fell 
through the roof, carrying destruction in its 
course. Their wooden storehouse, 100 feet in 
length, filled with grain, was totally wrecked. 



Two large chimneys of the San Jose Institute 
were tiirown down, one of them crashing 
through into the rooms below. A portion of 
the rear wall of Welch's livery stable fell. 
Otter's unfinished block at the corner of First 
and St. John Streets was severelv damaged. 
There was not a brick building in the city that 
was not more or less injured. 

The next winter San Jose was visited bv a 
severe flood. The Los Gatos and Guadalupe 
Creeks overflowed their banks, flooding the 
lands adjacent thereto. The high grade of the 
horse railroad track dammed the^vater back 
south of Santa Clara Street, inundating the 
houses and yards. The water broke over the 
track flooding the low grounds between the 
College of Notre Dame" and the Guadalupe. 
About a hundred feet of the railroad track was 
swept away. The main portion of the city 
from Third to Seventh Streets was undeV 
water to the depth of several inches. 

In 1870 the population of San Jose was 9,118. 

In 1871 Washington Square was granted to 
the state as a site for a Normal School. On 
April 3. 1871, Mayor Adolph Pfister sent a 
communication to the council stating that he 
had donated his salary for the year ($600) for 
the purpose of aiding in the estal)lishment of 
a pulilic library. 

In December, 1871, another flood, caused 
by overflow from the Guadalupe and Los Ga- 
tos Creeks. On the east side of River Street 
seven small cottages floated down stream for 
a distance of a third of a mile. During the 
flood all communication with the outside 
world was suspended. ■ Since that date the 
two creeks have been widened and improved 
so that now there is no danger of overflows. 

On January 22. 1864, the Santa Clara Val- 
ley & Lumber Company was incorporated 
with a capital stock of $300,000. The directors 
were William P. Dougherty, W. H. Hall 
Samuel McFarland, E. AV. Haskell, W. w' 
Pratt, John Metcalf and G. W. AlcLellan. 

On January 5, in the District Court, Judge 
David Belden presiding, Tiburcio Vasquez, 
the notorious bandit and murderer, was placed 
on trial for the murder of Leander Davidson, 
hotel keeper at Tres Pinos, San Benito 
County. This was the most celebrated trial 
ever held in San Jose. Attorney General 
John Lord Love, assisted by N. C. Briggs 
and Hon. W. E. Lovett, of Hollister and Dis- 
trict Attorney Thomas Bodley of Santa Clara 
County, appeared for the prosecution. The 
night before. Judge C. B. Darwin, of San 
Francisco, to whom had been intrusted the 
principal management of the defense, with- 
drew from the case. Before the beginning of 
the trial. Judge AV. H. Collins and Judge J. A. 
Moultrie were retained to assist P. B. Tully, 



164 



HISTORY OF SANTA CLARA COUNTY 



of Gilroy, as attorneys for the prisoner. Every- 
thing- being in readiness Vasquez was placed 
on trial, ^^'hen the court adjourned in the 
afternoon, the following residents of Santa 
Clara County had been selected to serve as 
jurors: G. W. Reynolds, foreman, Tyler 
Rrundage, Frank Hamilton, M. Dornberger, 
Noah Parr, M. Tobin, G. C. Fitzgerald. J. M. 
Moorehead, S. T. Woodson, M. Lubliner, C. S. 
Towle, Hugh O'Rourke. On Saturday, Jan- 
uary 9, a verdict of .guilty of murder in the 
first degree, was rendered and on March 19, 
the execution took place in the jail yard. 

Vasquez' career was one long series of law- 
less acts. He was born in Monterey in 1835, 
was a wild, harum-scarum youngster, but he 
did not give the officers any trouble until 
just before he reached his sixteenth year. 
Before an occurrence which launched him into 
a career of crime, his associates were Mexi- 
can law-breakers, cattle thieves, mainly, 
whose operations became extensive soon after 
the occupation of California by the Ameri- 
cans. One night, in company with Anastacio 
Garcia, a Mexican desperado, he attended a 
fandango. A quarrel over a woman, the fatal 
shooting of the constable while- trying to 
maintain order, the lynching of one of Vas- 
quez' associates and the formation of a vigi- 
lance committee sent Vasquez into hiding 
from which he emerged to ally himself with 
a band of horse thieves. 

In 1857 he came to grief, but five years' 
sequestration in the state prison failed to pro- 
duce any change in his morals. One month 
after his discharge he was operating as a 
highway robber on the San Joaquin plains. 
Chased by officers into Contra Costa County, 
he sought and obtained refuge at the ranch of 
a Mexican who was the father of a pretty and 
impressionable daughter. She easily fell a 
victim to the seductive wiles of the handsome, 
dashing young knight of the road. One morn- 
ing Anita and Vasquez were missing. With 
stern face the father of the girl mounted his 
fleetest mustang and started in pursuit. He 
overtook the lovers in the Livermore Valley. 
They were resting under a tree by the road- 
side. Vasquez saw Anita's father and sprang 
to his feet, but made no hostile demonstra- 
tion. His code of honor forbade an attack on 
the man he had wronged. A quick under- 
standing of the situation sent Anita to her 
lover's side. "If you kill him you must also 
kill me," she screamed. The father frowned. 
Vasquez, with hands folded, stood waiting. 
After some consideration the ranch, owner 
said if Anita would return home her lover 
might go free. The girl consented and Vas- 
quez shrugged his shoulders as father and 
daughter rode away. 



Transferring his field of operations to So- 
noma County, Vasquez prospered for awhile, 
but one day in attempting to drive off a band 
of stolen cattle, he was arrested and for the 
olTense spent four years in San Ouentin prison. 
Immediately upon his discharge in June, 1870, 
he laid plans for robbery on a much larger 
scale than he had before attempted. Selecting 
as his base the Cantua Canyon, a wild and al- 
most inaccessible retreat in the Mt. Diablo 
Range, formerly the camp and shelter of Joa- 
quin Murietta, he gathered about him a band 
of choice spirits and for four years carried on 
a warfare against organized society, the like 
of which California had never before experi- 
enced. Stages, stores, teams and individuals 
were held up in the counties of Central and 
Southern California, and though posse after 
posse took the field against him he succeeded 
in eluding capture. In the hills he was safe. 
\\'hite settlers were scarce and the Mexican 
population aided and befriended him, princi- 
pally through fear. Besides, his sweethearts, 
as he called them, were scattered throughout 
the hills of the Coast Range, from San Jose 
to Los Angeles. They kept him posted re- 
garding the movement of the officers and more 
than once he escaped capture through their 
vigilance and activity. 

In the fall of 1871, after a daring stage rcjb- 
bery in San Benito County, Vasquez got 
word that one of his sweethearts would be at 
a dance in Hollister that night. He resolved 
to be in attendance. The dancing was at its 
height when he appeared. Becoming flushed 
with wine his caution deserted him and he re- 
mained until near the break of day. He was 
not molested and emboldened by a sense of 
security he went into the barroom and en- 
gaged in a game of cards with one of the 
women. Here he was seen and recognized 
by a law and order Mexican. The constable 
was notified, a posse was organized and a plan 
laid to pot Vasquez at the moment of his ap- 
pearance at either of the doors. A woman 
gave Vasquez warning of his danger, and dis- 
guised with her mantilla and skirt, the bandit 
went out of the dance hall, crossed in front of 
the approaching posse, found his horse, 
mounted it and was beyond the danger limit 
before the deception was discovered. 

A few days later he stopped the stage from 
the New Idria mines. A woman's head 
showed at the door as \'asquez covered the 
driver with a rifle. She was the wife of one 
of the mine bo.sses, a man who had once be- 
friended the outlaw. "Don't do it, Tiburcio," 
she entreated. Vasquez looked at the grim 
faces of his followers, hesitated a moment, 
then lowered his rifle. "Drive on," was his 
curt command. The stage lumberL'd away and 



HISTORY OF SANTA CLARA COUNTY 



165 



the l^andit leader faced a situation that de- 
manded all his skill and nerve. That he suc- 
ceeded in placating his followers may be taken 
for granted for that same day the band robbed 
a store and then rode toward a hiding place 
in the Santa Cruz Range. 

While the robbers rested, the sheriffs of 
three counties were searching for them. A 
few miles above Santa Cruz the officers and 
the outlaws met. In the fight that ensued 
two of Vasquez's men were killed outright 
and Vasquez was shot in the breast. Though 
desperately wounded, he stood his ground, put 
the officers to rout and then rode sixty miles 
liefore he halted for friendly ministration. 
When alile to stand on his feet he rode to the 
Cantua Canyon, where he found the remnant 
of his band. 

There he planned a sensational fall cam- 
paign which opened by a raid on Firel)augh's 
Ferry on the San Joaquin plains. The story 
of what occurred was afterward told to the 
historian by Vasquez, who said : "I took a 
watch from a man they called the captain. His 
wife saw the act. and running up to me threw 
her arms around my neck and begged me to 
return the watch to her husband, as he had 
given it to her during their courtship. I gave 
it back and then she went into another room 
and from behind a chimney took out another 
watch. 'Take it,' she said, but I wouldn't. I 
just kissed her and told her to keep the watch 
as a memento of our meeting." 

Then came the robbery of the Twenty-One 
Mile House, in Santa Clara County, which 
was followed by a descent on Tres Pinos (now 
Paicines), a little village twelve miles south 
of Hollister, in San Benito County. This raid, 
because it resulted in a triple murder, aroused 
the entire state. Rewards for the capture of 
X'asquez, dead or alive, brought hundreds of 
man hunters into the field, but for nearly a 
year the cunning outlaw successfully defied 
his pursuers. 

The Tres Pinos afifair was the boldest Vas- 
quez had yet attempted. With four men — 
Abdon Leiva, Clodovio Chavez, Romulo 
Gonzalez and Teodoro Moreno — he rode into 
the village, robbed the store, the hotel, private 
houses and individuals, securing booty which 
required eight pack horses, stolen from the 
hotel stable, to carry away. The raid lasted 
three hours and the men killed were Bernard 
Bihury, a sheepherder ; George Redford, a 
teamster, and Leander Davidson, the propriet- 
or of the hotel. Bihury came to the store 
while the robbery was going on and was or- 
dered to lie down. Not understanding either 
English or Spanish, he started to run and was 
shot and killed. While the robbers were at 
work Redford drove up to the hotel with a 



load of pickets. He was attending to his 
horses when Vasquez approached and ordered 
him to lie down. Redford was afiflioted with 
deafness and not understanding the order, but 
ljelie\'ing that his life was threatened, start- 
ed on a run for the stables. He had just 
reached tb.e door when a bullet from Vasquez' 
rifle ])assed through his heart, killing him in- 
stantly. 

All this time the front door of the hotel 
was open and Davidson was in the doorway. 
Leiva snw him and shouted, "Shut the door 
and keep inside and }-()u won't be hurt." Da- 
\i.lM.n stepped back and was in the act of 
closint; llic dcMir when \'asquez fired a rifle 
shot, the Indlet jiassing through the door and 
Iiiercing Davidson's heart. He fell back into 
the arms of his wife and died in a short time. 

A short distance from Tres Pinos the bandits 
divided the booty, each man being counseled 
by Vasquez to look out for himself. Leiva 
Jiad left his wife at a friend's ranch, near 
Elizabeth Lake, Los Angeles County. Thither 
he rode to find that Vasquez had preceded 
him. .Vs the days passed Leiva began to sus- 
pect that his chief had more than a platonic 
interest in the attractive Rosaria. He called 
Vasquez to account suggesting a duel. But 
Vascjuez refused to draw a weapon against 
the man he had wronged. After some hot 
words matters were allowed to drop and for 
a few ilays all went smoothly. Then Vasquez 
asked Leiva to go to Flizabetli Lake for pro- 
visions. Lei\a consented, 1>ut instead of car- 
rying out instructions he hunted up Sheriff 
.\dams. of Santa Clara Count)-, and surrend- 
ered, at the same time offering to appear as 
state's witness in the event of Vasquez' cap- 
ture and trial. Adams started at once for 
the bandit's retreat, but Vasquez was not 
there. He had been gone many hours and Mrs. 
Leiva had gone with him. 

A month later \'asquez deserted the woman 
and fled northward. This step was induced 
by the numlier and activity of the officers. The 
Legislature had met and authorized the ex- 
penditure of $15,000 for a campaign against 
the daring and desperate fugitive. One sheriff 
( Harry Morse, of Alameda County) organ- 
ized a picked company of fifteen men and 
with provisions for a two months' outing 
started to explore thoroughly the mountain 
fastnesses of Southern and Central California. 
But so efficient was Vasquez' system of in- 
formation that every move made by the of- 
ficers became known to him. At last Morse 
gave up the hunt. Then the irrepressible 
Tiburcio made up for lost time. Robbery after 
robliery followed in quick succession. After 
holding up a number of stages, Vasquez en- 
tered the town of Kingston, Fresno County, 



166 



HISTORY OF SANTA CLARA COUNTY 



and there made a rich hauL Stores were plun- 
dered, safes broken into, houses looted and 
])rovisions, clothing, money and jewelry taken 
away. The news of the raid spurred the of- 
ficers into renewed action. Soon there was a 
rush of determined men into Fresno County. 
But Vasquez could not be found. He had re- 
treated southward. Of his band of followers 
only Chavez was left. Gonzalez had fled to 
Mexico, Leiva was in jail and Moreno was 
in San Quentin, havinsj been tried and given 
a life sentence. 

A month after the Kingston raid, Vascjuez 
and Chevez made a descent upon Coyote 
Holes, a station on the Los Angeles and Owens 
Lake stage road. The few residents were tied 
to trees, the station was robbed and the two 
bandits were about to depart when the stage 
appeared. After the passengers had been 
robbed and a goodly treasure taken from 
Wells-Fargo & Co.'s strong box, the horses 
were unharnessed, four more taken from the 
stables, and with bullion, money, jewelry and 
horses the lawless pair departed for the hills. 

On the following day Vasquez and Chavez 
stopped the Los Angeles stage near Soledad 
and then dissolved partnership, Chavez to ride 
for the Mexican Ijorder, his California career 
forever closed, Vasquez to seek a favorite hid- 
ing place in the Sierra Madre hills. Here, se- 
cure from, molestation, he remained two 
months, when word was brought to him that 
one of his sweethearts was staying at the 
house of Greek George, not many miles from 
Los Angeles. The place was in the zone of 
danger, but Vasquez resolved to go there. 
His intention in some way became known and 
word was sent to Sheriff Rowland at Los 
.\ngeles. A posse was quickly organized, and 
placed under charge of 'Under Sheriff John- 
son and the rendezvous was soon reached. 
Vasquez was there and in attempting to es- 
cape received eight bullets in his body. It was 
thought at first that he could not survive, 
but a strong constitution enabled him tn null 
through. 

On May 25, 1S74, eleven days after his caj)- 
ture Vasquez was transferred to the county 
jail at Salinas, Monterey County. There he 
was closely guarded until July 26, when a 
court order was made transferring the trial 
to San Benito County. A second order sent 
Vasquez to the county jail at San Jose for 
safe keeping. On the afternoon of the same 
day Vasquez reached San Jose, to find himself 
in the custody of his old adversary. Sheriff 
Adams. Afterward the case was re-trans- 
ferred to Santa Clara County and in San Jose 
the trial took place, as has been stated. Leiva 
was the state's witness. The op])ortunity to 
square accounts with the man who iiad 



wronged him had come at last. He swore 
that \"asquez not only fired the shot which 
killed Davidson, but also was responsible for 
the other murders committed during the Tres 
Pinos raid. His was the only positive testi- 
mony, but other and thoroughly reliable wit- 
nesses gave sufficient circumstantial corrober- 
ation to enable the jury to reach a verdict. 
The fatal day came and California's star bandit 
walked calmly to the scaffold and died with 
a smile upon his lips. After the execution 
Leiva went to Chile, remained there a few 
\ears, then returned to California. He died 
in Sacramento several years ago. Chavez was 
killed in Arizona in the fall of 1875 by an 
old enemy. The head was severed from the 
body and brought to San Juan. 

On February 11, 1876, a franchise was grant- 
ed to C. T. Bird, Charles B. Hensley and oth- 
ers for a street railroad from Julian and Mar- 
ket Streets to Willow Street. Afterwards the 
road was extended along First street to the 
Southern Pacific Railroad depot and along 
Willow street to Lincoln avenue. 

In 1877 one of the most remarkable cases 
of mistaken identity had its origin in San Jose. 
.Although there came a revelation on a most 
essential point when no revelation was expect- 
ed, one mystery remained and that mystery 
has never been solved. John C. Arnold was 
a playwright for one of the variety theatres 
of San Francisco. He was well connected and 
a man of education but he had one beset- 
ting fault and that fault was overindulgence 
in strong drink. In the summer of 1877 his 
condition became such that grave fears for 
his reason were entertained by members of his 
family. A suggestion was made that a few 
months in the country would prol^ably 
straighten him out, and as Fred Sprung, a 
pioneer minstrel and an old friend, was re- 
siding near San Jose, it was resolved to pack 
Jiim oft" to the Santa Clara Valley. 

Arnohl reached San Jose in a shaky con- 
dition, l)ut a few days of ozone lireathing 
seemed to make a new man of him. One 
morning he left the Sprung residence on .Mc- 
Laughlin Avenue ancl came to town. Here 
he met a Mexican and the twain hired a rig 
from the City Staljles, now used as the Santa 
Clara Street Extension of Hart's Emporium, 
and drove in the direction of Los Gatos. The 
ne.xt morning in Neff's almond orchard, near 
the Gem City, a ghastly discovery was made. 
Lying under a tree, with a bullet hole in his 
temple, was the body of a dead man. The 
body was brought to San Jose and for twenty- 
four hours remained unidentified. Tlien a 
newspaj)er description brought to tiie city 
Fred Sprung, Mrs. Xed Buckley and Lockhart, 
an undertaker from San Francisco. ICacii iiosi- 



HISTORY OF SANTA CLARA COUNTY 



167 



tively identified the l)ody as that of John 
C. Arnold. The features were not disfigured 
and Sprung declared that without other evi- 
dence he was ready to swear that the body 
was that of his old friend. While visiting at 
the Sprung ranch Arnold wore shoes of cer- 
tain marked peculiarities. These shoes were 
on the feet of the dead man. Arnold wore 
a black broadcloth suit, much the worse for 
wear, one lapel having distinguishing marks. 
This suit covered the body of the corpse. 
Arnold carried a gold-headed cane. This cane 
was found a short distance from the tree, un- 
der which the body was found. Upon one of 
the fingers of the dead man was a ring. When 
Mrs. Buckley saw it she declared that it was 
one she iiad presented to Arnold and that an 
inscription which she gave would be found on 
the inner side. The ring was removed and 
the inscription was there as described. At 
the inquest two physicians swore that it was 
a case of murder and the jury returned a ver- 
dict setting forth that John C. Arnold had 
met his death at the hands of some person 
unknown to them. 

The l)(i<ly was taken to vSan Francisco and 
interred in the Arnold lot in Lone Hill Ceme- 
tery. Three months later John C. Arnold in 
the flesh and the picture of health reai)peared 
in San Francisco. He had come by steamer 
from Santa Barbara and was amazed when 
he learned that he had been looked upon as 
dead. Although put through a gruelling e.x- 
amination of Capt. L W'. Lees, then San Fran- 
cisco's chief of detectives, he coulil t^iNc no 
explanation of the mystery that sum lunded 
the crime of the almond orchard. All he could 
say that he had gone toward Los Gatos, had 
had a number of drinks near that town and 
that he remembered nothing more until he 
awoke in a stage coach going toward Santa 
Barbara. He knew that he had changed clothes 
with someone and was sure he had been robbed 
but as to the identity of the man who looked 
like him and who wore his clothes, he had 
not the faintest notion. The Mexican who had 
accompanied Arnold to Los Gatos was never 
found and the name of the man buried in the 
Arnold plot has never been discovered. On 
account of his striking resemblance to the 
playwright Captain Lees thought he ought to 
be a relative but investigation on this line 
came to nothing. Arnold lived for several 
years after his reappearance in San Francisco. 

In 1879 the Legislature passed an act au- 
thorizing the city to open Market Street 
through the Plaza, close San Jose and Guada- 
lupe Streets and sell the vacant lands adjoin- 
ing Market Street. There was so much op- 
position to this that the street commissioner 
saw fit til do his work in the dark. The peo- 



])le awoke one nmrning to find the trees and 
shrnbliery in the line of the street cut down 
and (le--tr(iyeil. The scjuare remained in a di- 
lapiiiated condition for several years. In 1887 
it was selected as the site for the city hall. 

In 1879 former Sheriff John H. Adams and 
former County Clerk Cornelius Finley were 
murdered by bandits in Arizona. They were 
on their way to Tucson from their mine when 
they were shot and killed from ambush by 
Mexican bandits. Both of the murdered men 
held office at the court house in San Jose when 
Vasquez was tried. Adams was one of the 
bravest officers in the state and Finley was 
extremely popular on account of his courtesy 
and generosity. 

In January, 1879, J. C. Keane was appoint- 
ed city clerk to fill the vacancy cai'ised by the 
disappearance of W. N. Castle, a defaulter. 
Castle fled to Oregon anrl there ended his 
life with a pistol bullet. 

In February, 1878, the city library was 
turned over to the city. 

A systematic system for the improvement 
of St. James Square was adopted in 1869. The 
grounds were laid out with walks, grass, was 
planted and a superintendent was emi)loyed. 
The system was improved in the winter of 
1887-88 and after a few years it was brought 
to its present beautiful condition. 

In May, 1879, the new constitution was 
adopted and in the fall of that year a Work- 
ingmen's party was organized. It was in ex- 
istence for two years. 

San Jose had a sensation in 1881 when 
Dick Fellows, the champion lone-hand high- 
wayman of California, came to San Jose to 
put the officers on their mettle and furnish 
columns of scare-head matter for the daily 
newspapers. Fellows, wdiose real name was 
Geo. B. Lytle, was a school teacher and lec- 
turer before he became a lawbreaker. It was 
claimed in his behalf that he fell from grace 
in order that he might assist a near relative, 
a ]i(i\-crty-stricken widow. About forty years 
;iyM he n.lilied eleven stages within a space of 
thicc wctk^. his operations extending from 
Santa Barbara to San Jose. When he en- 
tered Santa Clara County, the sheriffs of half 
a dozen counties and Wells-Fargo & Co.'s 
large force of detectives were at his heels. He 
was captured near Mayfield by Cornelius Van 
B.uren. foreman of the Coutts ranch, a former 
constable and justice of the peace, and turned 
over to Constable E. E. Burke, of Santa Clara, 
so that he could be taken to the county jail 
at San Jose. On the way to the jail from 
the Market Street depot Fellows asked if he 
might be permitted to have a drink before 
becoming the inmate of a cell. Burke made 
a mistake in consenting to the request. They 



16S 



HISTORY OF SANTA CLARA COUNTY 



passed the court house and entered a saloon 
at the southwest corner of First and St. John 
Streets. 

Fellows got his drink and then made a break 
for liberty. Out of the door he went and 
dashed up St. John Street toward Market. Aft- 
er he turned the corner he was lost sight of. 
The escape occurred after dark and therefore 
the search was conducted under unfavorable 
conditions. A few days passed and then Fel- 
lows was recaptured in a cabin near the Guada- 
lupe mine by Chief-of-Police Dan Haskell and 
Juan E. Edson. a local detective officer. He 
was taken to Santa Barbara for trial on one 
of many charges. Conviction followed and a 
life sentence was imposed. After the trial he 
tried to escape, reached the street, mounted 
a horse and might have been successful in 
getting away if the horse had not bucked and 
thrown him from the saddle. After serving 
as a convict for twenty years he was released 
on parole. In 1917 Juan Edson was first tor- 
tured and then killed at his ranch near Tepic. 
Mexico, by a band of marauding Indians. Hon- 
est, brave and fearless Dan Haskell became 
shot gun messenger for Wells-Fargo & Co. in 
Shasta County after his term of chief of police 
had expired. In October. 1905, while in the 
performance of his duty he was shot and killed 
by a highwayman, who was attempting to hold 
up the Redding stage. 

In 1882, Jan Wasielewski, a Pole, murdered 
his wife at Los Gatos. He had been but a 
short time out of prison where he had served 
a sentence for cattle stealing. In 1877 he mar- 
ried a pretty Mexican girl. After his convic- 
tion on the cattle stealing charge he told his 
wife that he would kill her if she obtained a 
divorce. The threat was unheeded and when 
Wasielewski came out of prison he found that 
she not only secured a divorce but had mar- 
ried again. Then he planned to kill her. In 
June, 1882, he went to her home in Los Gatos, 
met his wife out of doors and stabbed her 
thirteen times. Leaving her dying on the 
ground the murderer fled, to be captured in 
March. 1884, by Juan Edson and Sheriff Ben 
F. Branham, of Santa Clara County. Before 
he reached the county jail in San Jose the 
prisoner feigned insanity. He w^ould not speak 
and would not cat onh' enough to keep him 
alive. After his trial he sent out a bulletin 
giving notice that a great meeting of the 
angels would come off in a few days, that 
it would last two weeks and that in all that 
time he would be "immortal to the world." 
The meeting came off, according to his state- 
ment, and for two weeks not a morsel of food 
passed his lips. He was tried in May, 1884. 
and his defense was insanity. .\ commission 
of medical experts refused to uphohl this jilea 



and he was found guilty and sentenced to be 
hanged. At the execution a novel feature was 
introduced in making a hair from the head 
of the murdered woman act as the last in- 
strument in the hanging. In former hangings 
a piece of chalk line attached to the rope was 
always used, but Sheriff Branham had tested 
the hair, found that it would work and this 
iiair stood between Wasielewski and death un- 
til it was severed by the knife of the exe- 
cutioner. 

In 1882 the Democratic State Convention 
was held in the California Theater on Second 
Street. The leading candidates for Governor 
were Gen. George Stoneman, a noted cavalry 
commander during the Civil ^^'ar. and George 
Hearst, father of William Randolph Hearst, 
proprietor of many newspapers in California 
and the East. Stoneman was nominated and 
elected. At this convention W. A. January, 
of San Jose, was nominated for state treasurer. 
He also was elected. Another nomination was 
that of James H. Budd for congressman from 
the San Joaquin district. He was elected, 
served one term at Washington and was after- 
ward elected governor of the state. In the 
nominating convention he was opposed by 
Hon. B. D. Murphy, of San Jose The con- 
test was very close. 

One of the most sensational murders ever 
committed in California occurred in June, 
1883. It brought into vicious prominence one 
Lloyd L. Majors, the most dangerous crimi- 
nal ever harbored by Santa Clara County. He 
had no love for newspapermen, though he tol- 
erated them when he thought he could use 
them. When he could not use them and 
found their pencils turned against him, he 
hated them with the hate of a coarse, lying, 
revengeful brute. During his life of forty- 
two years, much of it spent in San Jose, he 
had been wagon-maker, lumber dealer, lawyer, 
temperance lecturer and saloon keeper. He 
was not a handsome man; in truth he was 
positively ugly. He had a hideous disfigure- 
ment of the lower lip, his forehead was low. 
his eyes cold and snaky, and his face wore an 
habitual scowl. In the late 70s, while he lived 
in San Jose, several buildings owned and oc- 
cupied by him at different times, were burned. 
The public prejudice against him, caused by 
these burnings, caused him to leave the city 
and settle in Los Gatos. At this place he 
opened a saloon and to it came one Joseph 
Jewell, a good looking painter and grainer and 
recent arrival from the East. Majors quickly 
sized him up and when he suggested to Jewell 
a plan to rob and if necessary kill W. P. Re- 
nowden, an aged rancher living in the Santa 
Cruz hills, who was reported to have $20,000 
iuddcn on his ranch, lewell readily agreed to 



HISTORY OF SANTA CLARA COUNTY 



169 



undertake the job. As assistant to Jewell 
Majors suggested John Showers, an illiterate 
ne'er-do-werh who' had been doing odd jobs 
about town and whose favorite lounging place 
was Majors' saloon. Provided with imple- 
ments of torture to be used if Renowden un- 
der murderous pressure should refuse to dis- 
close the hiding place of his money, the pair 
left Los Gatos one night and proceeded to the 
ranch. Arrived there they found that Renow- 
den had a visitor, a friend from Glenwood 
named Archie Mclntyre. Renowden was shot 
by Jewell and Showers killed Mclntyre. 
Though mortall}- wounded Renowden refused 
to tell where his money could be found and 
was then subjected to a nameless torture. 
Even when suffering the keenest agony the 
old man stubbornly held his tongue. A sec- 
ond bullet ended his life and the murderers re- 
turned to Los Gatos and informed Majors 
that their mission of robbery had failed. They 
were supplied with money and horses and 
quickly rode out of town to escape arrest. 
Majors, fearing that he might be suspected of 
complicity in the murders, saddled a horse 
and rode to the Renowden ranch to cover up, 
if possible, all traces of the crime. At the time 
he supposed that both dead bodies were with- 
in the house, while, as a matter of fact, Re- 
nowden had been killed on the outside and at 
some distance from the building. Hurriedly, 
Majors applied the match and when he saw 
the flames leap up he remounted his horse and 
rode like the wind to his Los Gatos home. The 
ranch house burned to the ground and the 
next day the charred remains of Mclnt3-re 
were found in the ashes and outside, un- 
touched by the fire, was the body of Re- 
nowden. 

When Majors learned that his night ride 
had availed him nothing he tried, by lies and 
evasions to keep the officers from suspecting 
that he was the principal in the double crime. 
He talked freely to the historian and other 
press representatives, not thinking that much 
of what he said would be used against him at 
his trial. Showers was arrested at Gilroy and 
made a full confession. Then the hand of the 
law reached out and gathered in Majors. A 
few days later Jewell was arrested in Fresno 
County. 

The three prisoners were lodged in the 
county jail at San Jose. In due time Jewell 
was tried, convicted and hanged. Showers, 
who was used as a state's witness, pleaded 
guilty to murder in the second degree, was 
given a life sentence. A few years later he 
was killed by a fellow convict. Alajors was 
tried in San Jose for the murder of -Renowden, 
convicted of murder in the second degree and 
sentenced to life imprisonment. District At- 



torney Camplxdl was not satisfied with the 
verdict and so had Majors indicted for the 
murder of Mclntyre. A change of venue to 
Alameda County was taken and after a 
lengthy trial Majors was convicted of murder 
in the first degree and sentenced to be hanged. 
The sentence was executed in May. 1884. 

In 1886 a most important proposition was 
presented to the voters of San Jose. The rapid 
growth of the city created a demand for extra- 
ordinary expenses, which could not be met 
without a large increase in the rate of taxa- 
tion. The channels of the streams needed to 
be improved so as to prevent overflow. A sys- 
tem of up-to-date sewerage was necessary and 
there was a rapidly growing demand for in- 
creased school facilities. A tax sufficient to 
meet the recjuirements would have been a bur- 
den against which the people would have pro- 
tested. An attempt was made in 1874 to 
lireak the charter rule \vhich forbade the 
council to create any debt. A resolution was 
adopted by the council directing the drafting 
of a bill to be presented to the Legislature, 
authorizing the city to issue bonds to the 
anidunt of $40,000, the proceeds to be used in 
the building of school houses. The bonds 
were to rui; twenty years and to bear eight 
per cent interest. Nothing further was done 
in the matter and it rested until 1880. At the 
city election held that year the matter of issu- 
ing bonds, in connection with other proposi- 
tions, was submitted to the people. The re- 
sult of the vote was as follows : To incur a 
debt to build a new city hall — for, 842; 
against, 1096. To open Second Street through 
St. James Square— for, 192; against, 1649. To 
establish a free public library — for, 1232; 
against, 605. 

This disposed of the question of a city debt 
for another six years. In 1886 a proposition 
was submitted to the people at a special elec- 
tion, asking for the issuance of bonds in the 
sum of $300,000 for public sewers, new city 
hall, iron bridges, improvement of squares and 
improvement of streets. It required a two- 
thirds vote to carry any of these propositions 
and they were all lost. Within twelve months 
the people experienced a change of heart. The 
great tide of immigration that was flowing 
into the southern counties had attracted the 
attention of the board of trade and strenuous 
efforts to turn the stream in the direction of 
San Jose were being made. Public meetings 
were held and the council was petitioned to 
call an election asking the people to vote for 
or against the issuance of bonds for the fol- 
lowing purposes : Completing main sewer, 
$150,000; branch sewers, $135,000; building 
new citv hall, $150,000; cross walks and parks. 
$50,000'; wooden l^ridges, $15,000. Total, 



170 



HISTORY OF SANTA CLARA COUXTV 



$500,000. The vote was in the affirmative on 
all these propositions. The bonds were is- 
sued payable in twenty years and bearing in- 
terest at five per cent. They were sold to A. 
Sutro, of San Francisco, who paid one-eighth 
of one per cent premium. 

Early in 1888 it was discovered that the 
election which authorized the issuance of these 
bonds was not held strictly in accordance with 
the statutes. -The irregularity claimed was 
that the notice was one day short of the time 
required by law. There was some difference 
of opinion as to whether or not this was a 
fatal error, but the purchaser of the bonds did 
not wish to leave the matter undecided, and 
asked that it be definitely settled. There was 
a proposition to make up an agreed case and 
submit it to the courts for adjudication, and 
another proposition to call a new election, is- 
sue new bonds and cancel the old ones. The 
latter method was considered somewhat haz- 
ardous, as the people had on three occasions 
rejected the proposal to create a debt against 
the city and there was a chance that the nec- 
essary two-thirds vote might not again he ob- 
tained. But the chance was taken, a new 
election was called and the proposition to is- 
sue new bonds was carried by a practically 
unanimous vote. The new bonds were issued 
and the old ones burned in the presence of the 
mayor and common council and a large gath- 
ering of citizens. 

In April. 1888. a lioard of fifteen freehold- 
ers, to frame a new charter for the city, was 
elected as follows: L. Archer, C. W. Brey- 
fogle, J. H. Campbell, A. \V. Crandall, G. E. 
Graves, .A. Greeninger, V. Koch, L. Lion. B. 
D. Murphy, D. B. Moody, H. Messig, C. L. 
Metzger, John Reynolds, John W. Ryland. D. 
C. Vestal. The charter was prepared and sul)- 
mitted July 6, 1888. It was defeated. 

In 1886 the Democratic state convention 
was held in the Auditorium on San Fernando 
Street. E. B. Pond of San Francisco was 
nominated for governor. During the session 
Hon. Stephen M. White made a speech in 
which he asked the convention not to indorse 
him as a candidate for the United States 
Senate. 

In 1886 B. F. Branham, sheriff of the county. 
was beaten for reelection on account of the 
action of the Mexican voters, who resented the 
killing of Pedro Pacheco, a gambler. In the 
early part of 1886 he committed his first crime. 
While out walking on North Sixth Street with 
a pretty Mexican girl a stop was made in 
front of Tile Villa, a notorious resort near 
Washington Street. Pacheco asked the girl 
to come inside and have some refreshments. 
The girl refused and then, as he afterward 
testified, he seized her in iiis arms and car- 



ried her into the house. Some hours later the 
girl escaped and told her story to Police Of- 
ficer Richard Stewart, who had seen her ap- 
proach The Villa. Upon her mother's com- 
plaint Pacheco was arrested for a statutory 
offense. At the trial District Attorney Camp- 
bell made out a strong case and Pacheco was 
convicted and sentenced to ten v^ears' confine- 
ment in the state prison. On the eve of his 
departure from San Jose, to serve his sentence, 
he asked permission to go to Concord, Contra 
Costa County, his former home, to settle some 
lousiness affairs and bid goodbye to his rela- 
tives, pioneers of the state and for one of 
whom the town . of Pacheco, in the same 
county, was named. The district attorney 
gave his consent and Pacheco left the county 
jail with Deputy Sheriff's Healy and Bane as 
his guards. They were instructed to keep con- 
tinually by Pacheco's side and to take him to 
San Quentin after he had concluded his busi- 
ness in Concord. 

Arrived at the Contra Costa town the trio 
stopped at a hotel for refreshments. As soon 
as he entered the door Pacheco made a dash 
for the rear, where a horse, saddled and bri- 
dled, was awaiting him. Healy hurried after 
him but Pacheco was beyond shooting dis- 
tance when the deputy reached the street. In 
the Mt. Dialilo Range the fugitive found 
friends who advised him to get to Mexico as 
soon as possible. The advice was followed 
and a place of safety might have been reached 
l3ut for Sheriff Branham"s activity. Believing 
that Pacheco would ride south, Branham 
started out by way of one of the mountain 
passes to intercept him. At Bakersfield the 
sheriff learned that Pacheco was quartered at 
a Mexican ranch some miles away. He com- 
mandeered a farmer's wagon, obtained the as- 
sistance of a local officer, and, concealed in 
the lied of the wagon, the twain were driven 
to the ranch. They were near the house when 
they saw Pacheco and a companion in the 
3-ard, a short distance from their horses. Now 
was the time for action. The officers were 
driven forward and two rifles covered Pa- 
checo to enforce the command to surrender. 
Instead of complying, Pacheco ran to his 
horse, mounted it and was in the act of draw- 
ing his pistol when the rifles spat out bullets 
that found lodmncnt in I'achcco's liody. lie 
fell over, morlal!}' wounded and died in a 
short time. 

The news of the shooting created a sensa- 
tion in Central California. In San Jose the 
Mexican element denounced Branham as a 
murderer and threats to get even with him 
were freeh' made. The way to reprisal was 
shown when Branham entered the fall cam- 
paign for reelection. l?efore the Pacheco epi- 



HISTORY OF SANTA CLARA COUNTY 



171 



sode he had been considered invincilile. But 
this year he met his Waterloo. To arouse pub- 
lic sentiment against him a fund was raised 
and the county was thoroughly canvassed, the 
late Juan E. Edson taking the most active part 
in the campaign of vengeance. As a result 
of the opposition Branham was defeated by 
[onathan Sweigert. Shortly after his defeat 
"Branham left San Jose to engage in mining 
in the northern part of the state. 

One of the notable trials was that of the 
Dixon- Allen case. It excited nearly as much 
interest as that of the famous trial of Ti- 
burcio Vasquez. the bandit. The plaintiff was 
Anna E. Dixon, late Normal School student. 
nineteen years of age, and the defendant was 
Prof. Charles H. Allen, principal of the school. 
Aliss Dixon was a buxom demi-blonde, as 
pretty as a picture and chuck full of animal 
spirits. She had strong lungs and she chose 
occasions to make annoying use of them. Her 
love of mischief made her, while a student, the 
despair of her teachers and a source of grief 
to Professor Allen. Nothing against her char- 
acter was ever alleged, but her pranks, ac- 
cording to Allen's allegations, interfered seri- 
ously with the discipline of the school. Once 
he wrote her mother asking her to withdraw 
her daughter from 'the school, saying that the 
girl's deportment had not been such as to sat- 
isfy the faculty that she was a suitable per- 
son to enter the work of teaching. As the 
mother declined to act, a meeting of the fac- 
ulty was held and Miss Dixon was dismissed 
from the school. The charges against her 
were made up of small things. It was al- 
leged that she sneezed with a whoop and in 
unexpected places ; that she was in the habit 
(if screaming without provocation and in such 
a manner as to nearly raise the roof of the 
school building; that she went out sometimes 
without a chaperon ; that she sent in mislead- 
ing boarding house reports ; that she was bois- 
terous and paid scant attention to the rules of 
the school and as a crowning delinquency was 
the propounder ni conundrums, one of which 
had shocked I'mtfssnr Allen and excited the 
risibilities of many i>f the teachers. 

After the dismissal a series of communica- 
tions appeared in the columns of the Mercury 
They ridiculed Professor Allen and declared 
Miss Dixon had been dismissed because she 
sneezed. Allen replied by asserting that the 
girl's conduct in her classes and around the 
building had been such as to show she was 
full of tricks and almost destitute of those 
womanly and honorable characteristics that 
should be the prime requisites of a teacher. 
This article was made the basis of a libel suit. 
Miss Dixon sued Professor Allen for $10,000 
damages for defamation of character. D. M. 



Delmas. now of Los Angeles was her attor- 
ney and Thomas H. Laine and W. A. John- 
ston were engaged by Professor Allen to con- 
duct the defense. The case came to trial in 
November, 1881, and ran for over a week. 
Each day the court room was crowded to the 
doors. It was a battle of legal giants. Del- 
mas was in the height of his power, while 
Laine and Johnston were looked upon as two 
of the shining lights of the San Jose bar. Del- 
mas, in his closing argument, was at his best, 
and a more powerful and eloquent address 
was never heard in a San Jose court room. He 
said, among other things, that he was not 
trying the case to get damages — he did not 
want them — but he did want a verdict that 
would be a vindication for his client. Laine, 
suave, dignified, eloquent and persuasive, held 
the close attention of court, jury and specta- 
tors in a masterly plea for Professor Allen, 
while Johnston, precise, clear and logical and 
with the law at the tip of his tongue, gave 
Laine able support. The judge, in his charge, 
held that the article written l)y thj defendant 
contained terms of disparagement and that 
these terms were actiimablc in law. If, how- 
ever, the jury shnuhl lind that Professor Al- 
len acted in good faith and for the protection 
of the schcM]]. then these circumstances were 
to be considered as mitigating the damages 
and that no other than compensatory dam- 
ages should be allowed. The jury brought in 
a verdict in favor of Miss Dixon and assessing 
the damages at one thousand dollars. 

At the first meeting of the Board of Normal 
School Trustees, after the trial. Professor Al- 
len tendered his resignation. The board re- 
fused to accept It and reelected him as princi- 
pal for another term. Miss Dixon returned 
to her home and after a time married and set- 
tled down to domestic life. 

In 1881 an electric tower was erected at the 
crossing of Santa Clara and Market Streets. 
The plan originated with J. J. Owen, publisher 
of the Mercury, and the architect was John 
Gash. It stood 208 feet above the street, was 
constructed of tubular iron and supported a 
number of lamps aggregating 24,000 candle- 
power, making it the largest light in the 
United States and the third largest in the 
world. Besides this there were in other por- 
tions of the city twelve masts 150 feet high 
supporting in all ninety lamps for lighting 
the streets. The tower was known all over 
the world, and before its destruction in 1917 
it had small lights running from the ground 
along all the supports. Lighted at night it 
presented a beautiful spectacle. A high wind 
toppled it down so that its removal became 
necessary as a measure of safety. 



172 



HISTORY OF SANTA CLARA COUNTY 



On May 4. 1887. Chinatown, located on the 
ground at the southeast corner of Market and 
San Fernando Streets, was destroyed by fire. 
The Chinese occupied quarters on San Fer- 
nando Street, below Market, until there was 
secured a lease of the Heinlen property, be- 
tween Fifth and Seventh Streets and Jackson 
and Taylor Streets. Shortly after its estab- 
lishment in this section a 'rival Chinatown, 
under the management of "Big Jim." a noto- 
rious Chinese politician and gambler, was 
started on the banks of the Guadalupe nearly 
on a line with the Heinlen town. It was kept 
up a few years and then went out of ex- 
istence. 

In 1887 inflamed public sentiment operated 
disastrously in the case of Charles Goslaw. of 
Los Gatos. The murders committed in and 
about that pretty foothill town, now one of 
the most peaceful and law-abiding on the 
Coast, had aroused the people, and the latest 
had brought them to a white heat of indigna- 
tion and resentment. This one had been com- 
mitted on the main street of the city. Two 
Mexicans quarreled and one of them, Encarna- 
cion Garcia, killed the other. A mob of citi- 
zens gathered, the slayer was seized and with- 
out ceremony hanged from the bridge over 
Los Gatos Creek. It was reported at the time 
that Goslaw threw the loop of the rope over 
the murderer's neck. Not long after the trag- 
edy. Goslaw, who was a house-mover, went 
to San Jose, leaving in charge of his house- 
moving tools an old man named H. A. Grant. 
He returned in an intoxicated condition to 
find that Grant, without permission tt) do so. 
had moved the tools to another part of town' 
Goslaw became furiously angry. He swore 
that he would find Grant and give him a sound 
drubliing. After taking a few more drinks to 
brace him up, he went to Grant's cabin and 
assaulted the old man. His fists were his 
only weapons, but as Grant was physically 
his inferior there is no doubt that finding his 
task an easy one he allowed his rage to carry 
him further than he had intended. Leaving 
Grant bruised and helpless on the floor, Gos- 
law went downtown, found the constable and 
asked to be arrested for battery. There was 
clear proof that he never intended murder and 
that he had no thought that the beating would 
result in death. He was arrested for' liattery 
and allowed to go on his own recognizance. 
A few days later Grant died. Then it was 
that outraged Los Gatos cried for vengeance. 
The carnival of crime that had given a black 
eye to the town must be stopped and the only 
way to stop it was to have the extreme pen- 
alty visited upon every person in Los Gatos 
and vicinity who should take the life of his 
fellow man. Grant's death caused the rearrest 



of Goslaw. this time for murder. He was tried 
in the Superior Cnurt at San Jose and, having 
no attorney, the curt appointed a young man 
who had just been admitted to the "bar. Thus 
handicapped, Goslaw had slim chance of es- 
caping conviction under testimonj: adduced by 
the prosecution, supplemented by the power- 
ful arguments made by the district attorney 
and !iis aids. The jury found Goslaw guilty 
of murder in the first degree and the "death 
sentence was imposed. Without money and 
lacking powerful friends, Goslaw was unable 
to take further steps that might have saved 
his neck. His newspaper friends did what 
they could, but no headway against the tide 
of inflamed public opinion could be made. But 
they resolved that when the time came for 
marching him to the scaffold he should not be 
in a condition to realize his position. There- 
fore some of these friends stayed in the death 
cell all of the night preceding the execution. 
They plied Goslaw with liquor which he was 
quite willing to drink so that when the sheriff 
came to take him to the scaffold he was so 
far gone in liquor that he could neither stand 
on his feet nor understand what the sheriff 
wanted. In that maudlin condition he met his 
death and the persons w-ho were responsible 
for this condition have never regretted their 
work. They felt at the time that a judicial 
murder was about to be committed and that 
it was a humane act to ameliorate if they 
could not deaden the victim's mental agony. 
In their opinion Goslaw should have been con- 
victed of manslaughter and it was afterwards 
their belief that had the trial been postponed 
for six months such a verdict would have been 
rendered. 

On July 2, 1892. San Jose was visited with 
the most disastrous fire in its history. Half 
the block — the southern half — between San 
Fernando and Santa Clara Streets and First 
and Second Streets was burned. Among the 
fine buildings destroyed were the L.ick House, 
the South Methodist Church, the California 
Theater and Krumb's Brewery. 

In the early '90s a mystery case Iiaftled the 
ingenuity of the city and county officers. 
Henry Planz was a bookkeeper at the Fred- 
ericksburg Brewery on the -Alameda. As far 
as anyone knew he was without enemies. He 
was a tall, straight fellow, twenty-five years 
of age, single and lived the ordinary life of 
the young men of his time. On the evening 
of November 10, 1892, he came to San Jose 
and next morning his dead body was found 
hanging from the liml) of a pepper tree on the 
northern side of Julian Street, not far from 
the bridge over the Guadalupe. When the of- 
ficers arrived it was at first supposed that 
I'lanz had committed suicide. ])ut investiga- 



HISTORY OF SANTA CLARA COUNTY 



tiuns made after the body had been cut down 
soon dispelled this theory. It was a case of 
murder beyond the shadow of a doubt. An 
examination of the contents ui the stomach of 
the dead man showed that he had been pois- 
oned and there were evidences about the 
clothing which denoted that the body had 
been dragged for some distance before it was 
suspended from the limb of the tree. The 
heels of the shoes, seat of the trousers and 
back of the coat were abraded and dusty and 
there was ground-in dust on the back of the 
head. When the body was cut down a scarf 
tied over the face was found. At the in(|uest 
the conclusion was reached that IManz was 
dead before the hanging and that the mur- 
derer or murderers had driven along the street 
in a wagon containing the dead body and that 
the body had been dragged over the dusty 
street to the pepper tree. A verdict of wilful 
murder against some person or persons un- 
known was rendered. 

The mystery became a state-wide sensation. 
Detectives came from San Francisco to assist 
the local officers in trying to ferret out the 
truth, but nothing came of their efforts. A 
number of years afterward the pepper tree 
was cut down, but while it remained on Julian 
Street is was one of the sight-seeing ( ?) at- 
tractions of San Jose. 

In 1896 a still greater sensation agitated 
San Jose and Central California. It was a 
sextuple murder committed by James C. Dun- 
ham, a young man who had heretofore borne 
an unblemished reputation. A few years be- 
fore he had married the stepdaughter of Colo- 
nel AlcGlincy, an orchardist, whose home was 
<in the Los Gatos road about six miles from 
San Jose. After their baby was born they 
separated on account of Dunham's cruelty, 
the wife taking refuge in the home of her 
mother, Mrs. McGlincy. The other inmates of 
the household, besides father, mother and 
daughter were James Wells, Mrs. Dunham's 
lirother, a servant and two hired men. One 
night Dunham came to the house, fur the pur- 
pose it "was supposed, to induce his wife to 
again live with him. When he arrived late in 
the evening, McGlincy and Wells were gone, 
having left on hour or so earlier to attend a 
meeting at Campbell. Dunham entered the 
house, took off his shoes and ascended the 
stairs to the second story, where his wife's 
bedroom was located. What transpired in 
that room between husband and wife will 
never be known. Hut the fact remains that 
the woman was ch(jked to death, although the 
jjabe was not harmed. There must have been 
a struggle for the servant coming out of her 
room adjoining was met I)y Dunham and 
killed. The double murderer then ascended 



the stairs to find Mrs. McGlincy on the first 
floor. She had heard the noise upstairs and 
had come out to investigate. Dunham killed 
her and then calmly waited for the return of 
McGlincy and Wells. At last they came and 
as they entered the front door Dunham shot 
and killed McGlincy. Wells then rushed for- 
ward, was shot, but despite his wound, grap- 
pled with Dunham and threw him to the 
floor. But the murderer was rthe stronger 
and soon Wells was a corpse. 

Across the back yard was the barn where 
the two hired men were. One of them heard 
the shots and rushed out to ascertain the 
cause. A bullet from Dunham's pistol ended 
his Ife. The other hired man, fearing for his 
own life, retreated to the loft of the barn and 
covered himself up in the hay. Dunham 
rushed over to the barn for the purpose of 
making a clean sweep, but failed to find his 
man. His murderous work over, he mounted 
a horse, and still in his stocking feet, rode 
toward San Jose. Next day he was seen on 
Smith Creek by Elmer Snell and Oscar 
J'arker, the last named the keeper for the 
Morrow ranch. Dunham appeared on horse- 
back at Parker's cabin, about a mile south of 
the hotel, asked for something to eat and hav- 
ing been accommodated rode on up the can- 
yon toward Indian Gulch. Next day Sheriff 
Lyndon of Santa Clara County, Sheriflf Phil-. 
lips of Santa Barbara County, 'a force of dep- 
uties and a large body of citizens, arrived at 
Smith Creek. Phillips brought two blood- 
hounds and near Indian Gulch, pieces of sack- 
ing which had been used to cover Dunham's 
feet, were found. Nearby the horse he had 
ridden was also found. Nothing else was ever 
discovered. The officers spent days in the 
search without result. As Dunham was with- 
out nioncN an.l without fo,,<l, had no shoes 
and had left his hor.se. the otticers concluded 
that he had found souk- \Mld pl;ice in the hills 
an.l had there coinniitte.l suuide. For years 
afterwards the papers chrcjiiulcd the arrest of 
suspects, but in every case the man arrested 
proved not to be the McGlincy murderer. 

In 1897 a new charter for the city was 
adopted. By a concerted resolution of the 
Legislature it became the organic law of the 
cit}- on March Z of that year. Under the old 
charter the mayor held office for one year. 
The new charter extended his term to two 
years. The first election lor city officers took 
place on the second Monday in .'\pril, 1898. 
The charter provided that all elections subse- 
quent to the first should be held biennially on 
the third Monday in May. Mayor Koch, who 
had been elected in 1896, held over until 1898. 
In 1897 a Grand Army veteran named Scho- 
field was killed at his ranch on the Llagas, a 



174 



HISTORY OF SANTA CLARA COUNTY 



few miles west of Madrone. His wife and 
Dan Dutcher. a hired man. were arrested for 
the crime. Before his trial Dutcher confessed 
that he had killed Schofield to protect Airs. 
Schofield. who was being threatened with a 
shotgun when the fatal .shot was fired. There 
was an acquittal in each case. 

On April 18, 1906, a severe earthquake 
shook up Central California. San Jose suf- 
fered considerably. A number of frame 
houses in the business section were wrecked, 
but the real center of destruction was reached 
in the business district. The big three-story 
Phelan building, corner of First and Post 
Streets, fell flat and three persons were buried 
in the ruins. At the corner of Santa Clara 
Street and Lightston Alley, the large three 
story building occupied by stores and the 
Elks' Hall became a shapeless pile of brick 
and mortar. Outside of the business district 
several large edifices suffered. The handsome 
and massive brick Catholic Church of St. Pat- 
rick at the corner of North and Santa Clara 
Streets was a picturesque ruin, its solid tower 
and front wall lying across the street, its rear 
and side walls thrown down into the audito- 
rium. The fine high school on Normal Square 
crumbled and the large wooden Grant school 
on Empire Street was twisted out of shape to 
fall a mass of ruins a few days after the quake. 
Further down town the tower and spire of the 
First Presbyterian Church on Second Street, 
near St. John, lay across the thoroughfare, its 
shattered walls telling the story of ruin. Im- 
mediately after the earthquake fire limke out 
on Second Stret near San Fernando. The 
three-story brick Martin building had been 
hurled to the ground and instantly flames 
burst from the wreckage. The Lieber build- 
ing next north was on fire in a few minutes 
and then the conflagration enveloped the five- 
story Dougherty building, spreadittg thence 
to the three-story Louise building on the cor- 
ner of San Fernando Street. There was l)ut 
one other fire. It broke out in the El Monte 
lodging house on Locust Street and seven 
people were roasted to death. Material in- 
jury was done to the new Hall of Records, 
the Dougherty residence, a wing of the Hotel 
Yendome, the First Methodist Church, the 
Fifth Street and Golden Gate canneries, the 
Rucker building, St. Mary's Church, and many 
other structures. Following the quake mar- 
tial law was declared and kept in force for 
several days. The total loss In^ earthquake 
and fire was $,^.000,000. Killed, sixteen. 

The recovery from the dreadful visitation 
was rapid. Inside of a week rei)airs were be- 
ing started and soon the debris disappeared 
and building oi)erations were commenced. 
Two years later there was nothing to indicate 



that destruction had ever visited the Garden 
City. 

In 1906 there was very little street or other 
municipal improvement, except to make re- 
pairs in fire houses and furnish new appliances 
and do the city's work in repairing the dam- 
ages done by the earthquake. In 1908 a pro- 
nounced street paving movement was inau- 
gurated by Mayor Davison. During his in- 
cumbency miles upon miles of paving work 
was done and the program he had laid out 
but not finished during his term was afterward 
carried out bv his successors, Monahan and 
Husted. From 1908 to 1912, bonds for $355.- 
000 were used for sewers, bridges, creek alter- 
ations and Alum Rock Park improvements. 

In December, 1911. the city, by special elec- 
tion, took in as new territory East San Jose, 
Gardner and West San Jose. 

In 1912 and 1913, under Mayor Monahan's 
administration, the horses were taken out of 
the fire department and motor-drawn trucks, 
engines and carts were put in. 

In 1914-15, while Husted was mayor, the 
Canoas Creek bypath was diverted so that in 
the rainy season the waters would not flood 
Cottage Grove and adjoining sections. 

On October 30, 1917, the Coyote bridge col- 
lapsed beneath the weight of three heavy cars 
loaded with prunes. A boy riding on a bi- 
cycle was on the bridge at the time and was 
instantly killed. In the spring of 1918, a .spe- 
cial election gave the city the power to use 
$65,000 remaining in the sewer fund for the 
erection of a new concrete, steel-reinforced 
bridge. .\ contract was awarded and the 
work was completed in the spring of 1919. 

In 1915 the following freeholders prepared 
a new charter giving San Jose a commission 
form of government: Elmer E. Chase, Robert 
R. Syer, W. L. Atkinson. L. E. Petree, Roy 
Newberry, G. M. Fontaine, John D. Crum- 
mew \\'. 1. Close, Walter L. Chrisman. H. J. 
P.. \\ri-ht, \'ictor Challen, Chas. M. O'Brien, 
Inhu I. Miller, Irving L. Ryder, V. Koch. 
The charter was filed February 15. 1915, 
adopted at special election April 19, 1915, and 
ratified by the Legislature, May 4, 1915. The 
charter went into effect July I, 1916. The 
im]5ortant provisions were : Elective officers, 
the city auditor, police judge and seven coun- 
cilmen; the initiative and referendum by 
which the people reserve to themselves the 
power to adojjt or reject ordinances at the 
polls independently of the council: the recall, 
by which any elective officer may be removed 
from office by the electors ; the election by the 
council of a city manager, who shall he the 
oflicial head of the city with power to appoint 
a citv treasurer, city engineer, city attorney. 
Ixiard of healtli, health otlicer, chie'f of police. 



HISTORY OF SANTA CLARA COUNTY 



chief of the fire department, board of e<hica- 
tion, board of library trustees, superintendent 
of parks: the election by the council of a city 
clerk, civil service commission and cit\- plan- 
ning- commissi(m : the removal of the city 
manager at any time by a majority vote of 
the council. At the first election Elmer E. 
Chase, W. L. Atkinson, Chas. M. O'Brien, 
and Elton Shaw were chosen as councilmen, 
the two first named to serve for six years, the 
two last named for four years. Ben Sellers, 
J. F. McLaurin and A. C. Jayet were the hold- 
over councilmen under the old charter. Tn 
'918 Sellers and McLaurin went out and Matt 
Arnerich and E. S. Williams were elected in 
their places. In 1918 "Williams resisjned on 
account of removal from town and Dr. E. O. 
Pieper was chosen to fill the vacancv. .\t the 
May election in 1920, Joseph Brooks, D. M. 
Denegri and William Bigger were elected. 
Pieper, Shaw and O'Brien retiring. 

\Vhen the new council organized in July. 
1916, Thomas H, Reed was chosen manager. 
He served for three years and was succeeded 
by Dr. W. C. Bailey. ' The other ofificers of the 
city in 1920 were J. L3'nch, city clerk; Roy 
Walter, city auditor : Louis Lightston. tax 
collector; C. B. Goodwin, city engineer; N. 
Bell, acting health officer; John C. Black, chief 
of police ; H. Hobson, chief of the fire depart- 
ment. Dr. Bailey resigned after a three years' 
service and was succeeded by C. B. Goodwin. 
William Popp was appointed city engineer. 

In 1917 immediately following the declara- 
tion of war the city manager appointed a 
rommittee to prepare a Loyalty Day celebra- 
tion which resulted in the most stirring parade 
ever seen in San Jose. The most striking 
feature of it was thousands of school chil- 



dren liearing flags, who after marching through 
the streets, massed in front of the city hall 
and sang i)atriotic songs. Tlie activities of 
San Jose during the war period — UJ17-18 — will 
be found in another chapter. 

In March, 1920, the city voted bonds in the 
sum of $700,000 for improvements in the high 
and grammar schools. The permanent prop- 
erties of the city as shown in the first report 
of the cit}- manager are as follows: Lands, 
S62S,_',-'(): Iniildmij-;, structures and improve- 
imiu.-, $2.M)7.\42.~?i): equipment, $140,083.45; 
total. $.i,0/.\475.''5. 

In May, 1920, at the regular city election 
a iiroposition to increase the tax rate by adding 
,35 cents on each $100 valuation for three years, 
as a temporary expedient, was carried. The 
withdrawal of liquor license money caused by 
the prohibition law shortened the city finances 
so. that an additional tax for a short period 
became necessary in order to place the city 
government in proper working order. 

The mavors of the city from 1850 down are: 
1830. Josiah Belden; 1851-2-3-4, Thomas W. 
\\'hite: 1855, S. O. Houghton. 1856, Lawrence 
Archer; 1857, R. G. Moody; 1858, P. O. Minor- 
1859, Thomas Fallon; 1860, R. B, Buckner- 
1861-2. Joseph W. Johnson; 1863-4-5-6-7, J. A. 
Ouinliy; 1868-9, Mark Leavenworth; 1870-71- 
72. A. Pfister, 1873-4-5-6-7, B. D. Murphy; 
1878-9, Lawrence Archer; 1880-1, B. D. Mur- 
phy; 1882-3. Chas. ]. Martin; 1884-6, C. T 
Settle: 1886-7, C. Vv. Breyfogle ; 1888-9. S. 
W. Boring; 18')n-02. S. N. Rucker ; 1892-94, 
H. E. Scliillnio-, lS')4-q6, Paul P. Austin; 1896- 
98. V. K.,cii: 18^8-1902, Chas ]. Martin; 1902- 
1906, Geo. U. Worswick; 1906-8, H. D Mat- 
thews; 1908-12. C. ^\^ Davison: 1912-14, 
Thomas Monahan ; 1914-16, F. R. Husted. 



CHAPTER XVII. 

San Jose and Santa Clara Activities During the Great European War 

Liberty Loan, Red Cross, Y. M. C. A., Belgian Relief and Other 
Noteworthy Drives— The Men and Women Who Did the Work. 



The part played by San Jose and the other 
towns in Santa Clara County in the Great 
F.uropean War was both patriotic and self- 
sacrificing. During the hurry and stress of 
the grave and arduous responsibilities of the 
occasion, when even the average, easy-going 
citizen was called upon to Ijear unusual bur- 
dens, no one realized that the activities in 
wliich they were engaged constituted the mak- 
ing of history. What the city and county did 



is realistically and finely told by Mrs. Edith 
Daley in her pamphlet written for the Santa 
Clara County Historical Society. From that 
labor of love the historian has" compiled the 
following- interesting facts: 

On April 6, 1917, President \\"iIson signed 
the resolution of Congress declaring the ■■ex- 
istence of a state of war" and asking that all 
the resoiirces of the L'nited States be'^directed 
to prosecute hostilities against the German 



HISTORY OF SANTA CLARA COUNTY 



Government to a successful conclusion." On 
April 12, 1917, San Jose inaugurated the loy- 
alty movement in California. On that day more 
than 10,000 loyal citizens led by City Manager 
Thomas H. Reed, marched through the city's 
streets while the Stars and Stripes waved 
above them and the bands played "Dixie" and 
"America" — and the thrilling "Marseillaise." 
That night in a great mass meeting in the 
high school auditorium hundreds unanimously 
pledged hearts and hands to the country's 
cause. 

On May 3, 1917, the announcement was 
made that the first offering of bonds under 
the finance law would be $2,000,000,000. Lib- 
erty Loan issue, open to popular subscription 
at par ; subscriptions to be received until June 
5 ; bonds to be dated July 1 and ready for 
delivery then. Santa Clara Countv's quota 
was about $2,000,000. 

On May 14, 1917, the details of the Liberty 
Loan were telegraphed all over the country. 
Officers' training camps opened. Men flocked 
to fill them. Pacifists were abroad in the land, 
their voices raised in protest against the coun- 
try's war policy. The espionage measure was 
passed May 14. One began to hear the omin- 
ous words "slacker," "disloyalty," and "sedi- 
tion." The old easy settled routine of things 
was sadly disturbe'd at the time of the be- 
ginning of the first Liberty Loan drive. 

California was divided into two districts 
with the Tehachapi the dividing line and Los 
Angeles and San Francisco headquarters. The 
northern district was divided into sixteen sub- 
districts with a competent bond seller in 
charge of each. Before the real campaign 
started voluntary local bond subscriptions be- 
gan to come in. The Knights Templar and 
Observatory Parlor of the Native Sons were 
the first fraternal organizations to buy bonds. 
Senator Frank H. Benson and Judge Urban 
A. Sontheimer are on record as having advo- 
cated the early purchase of Liberty Bonds by 
the Native Sons. 

May 23, 1917, by telegraphic designation, the 
Secretary of the Treasury and A. Kains, Gov- 
ernor of the Federal Reserve Bank of San 
Francisco, appointed a local committee for 
handling the campaign in Santa Clara County, 
particularly to receive bond subscriptions. The 
following men were named: John Brooke, 
vice-president Safe Deposit Bank, chairman • 
W. K. Beans, president of Bank of San Jose ; 
W. E. Blauer, manager local branch of Bank 
of Italy; \V. S. Clayton, president First Na- 
tional Bank: T. S. Montgomery, ])resident Gar- 
den City Bank and Trust Company ; Wilbur 
Edwards, president Security Savings Bank. 

The Oldening of the Second Officers' Train- 
ing Camp preceded the first bt)nd drive. Very 



tew San Joseans ever knew that the work of 
interviewing and examining all the applicants 
for shoulder straps and military titles was 
d.)ne bv a working volunteer committee of 
three. W. S. Clayton. A. B. Post and V. J. 
LaMotte did this patriotic service, rejecting 
the men they considered unfit and sending the 
others to San Francisco for acceptance or re- 
jection by the "higher powers." 

The little old oak table in room 401 in the 
I'lrst National Bank building could unfold an 
interesting tale if it had a voice. Beside it the 
committee of three met the embryo officers 
avd here also the real work of the first Liberty 
Bond drive had its beginning. On the evening 
of May 24, 1917, a few San Jose men gath- 
ered in this room to talk over the task that 
confronted the nation and the task that await- 
ed them. 

It was a poorly attended meeting. No extra 
chairs had to be brought in. Around the 
^vorn old table were W. S. Clayton, Dr. W. C. 
Bailey, John Kuster, E. K. Johnston, H. L. 
Baggerly, J. D. Farwell and perhaps one or 
two others whose names are forgotten. No 
records were kept. Only the little room and 
the oak table can tell the whole story. It 
was an earnest gathering and the power gen- 
erated here won a smashing victory in Ijonds 
with which to back up the boys. 

This office had no telephone so on May 
26 these volunteers moved into rooms 701- 
702. This was E. N. Richmond's office and 
he donated its use during the entire period of 
the first and second bond drives. In the new 
headquarters there was another small but sig- 
nificant meeting on the evening of "moving 
day," ]May 26, 1917. At this memorable time 
a complete working committee was named. 
John D. Kuster, manager of the Pacific Gas 
and Electric Company was made county 
chairman and Dr. W. C. Bailey secretary. The 
bank committee previously named by Beans 
and McAdoo was supplemented by other ap- 
pointments, making the personnel of the or- 
iginal bond, workers as follows: John D. Kus- 
ter, Dr. W. C. Bailev, John F. Brooks, E. N. 
Richmond, J. D. Farwell, Howell D. Melvin, 
H. L. Baggerlv, Elton R. Shaw, Geo. N. Her- 
l^ert, Alfred B'. Post, Wm. E. Blauer, E. K. 
Johnston, Walter Mathewson, V. J. La Motte, 
W. S. Clayton, G. R. Parkinson, Herbert Rob- 
inson, H. G. Coykendall, Chas. R. Parkinson 
and Wilbur J. Edwards. 

Work began in earnest. Telephones and 
automobiles were requisitioned. The commit- 
tee forgot to look at the clock. On May 25, 
Senator James D. Phelan telegraphed from 
Washington "We are fighting for our liberty 
with the weapon nearest our hand. The Lib- 
erty P>()n(l is such a weapon." Sunday, May 



HISTORY OF SANTA CLARA COUNTY 



177 



27. congregations in San Jose churches, lis- 
tened to eloquent appeals to their loyalty and 
patriotism. In one church the pastor changed 
"Jerusalem" to "America" with telling effect, 
his text reading: "If I forget thee. O America, 
let my right hand forget its cunning." 

The committee on public meetings consist- 
ed of Elton R. Shaw, E. K. Johnston and E. 
N. Richmond. On May 29, the first big lunch- 
eon was held at the St. James hotel. The 
speech of the hour was made by Max Kuhl 
and the spirit of the gathering was President 
Wilson's message : "The supreme test of the 
nation has come. We must all act and serve 
together." 

On Decoration Day hundreds gathered in 
St. James Park to hear Rev. J. W. Kramer's 
wonderful tribute to his country and his 
dramatic appeal for every loyal citizen's loyal 
support in the hour of America's need. "Old 
Glory." said the speaker, "May it wave and 
wave and never be furled until it is folded 
over the grave ef dethroned Prussianism ! May 
it wave and wave until war shall only be a fit 
inscription for the gates of hell! And wave 
and wave until all suffering humanity shall 
feel the warmth of its loving embrace !" On 
this Decoration Day, C. E. Kratt, the first 
pharmacist to enlist, left San Jose to join the 
colors, and J. D. Chase, Jr., secretary of the 
County Council of Defense since its organi- 
zation, enlisted as a private in the National 
Guard. 

Every bank in the county was alive to the 
need and subscribing liberalJ- On the night 
of June 6, City Manager T'omas H. Reed and 
Cyrus Peirce, of San F' ancisco, addressed a 
mass meeting at the V jtory Theater at which 
Judge W. A. Beasly presided. E. N. Rich- 
mond acted as bond seller and $-14,650 was 
subscribed on the spot. Only about 1000 at- 
tended this first mass meeting, but each of the 
1000 men and women went away fully deter- 
mined that San Jose should do its full duty. 

Music for this meeting was furnished by 
W. E. Johnson, assisted by Dr. Charles M. 
Richards and the following quartet : Mrs. 
Charles Braslan. Mrs. J. C. Elder, Roy 
Thompson and Warren French. When W. E. 
Johnson sang "The Battle Hymn of the Re- 
public," and "The Star Spangled Banner" that 
night in June he little thought how many 
times his appealing voice would wake San 
Jose audiences to heights of patriotism in the 
days to come — days that were to bring him 
heart-breaking news in the casualty lists from 
his "Mother England." 

On June 8, 1917, led by Charles R. Parkin- 
son, the Rotarians started a "Shoe Leather 
Campaign" of the residential and business dis- 
tricts with an accompanying "boost" program 



of patriotic mass meetings. That evening at 
the high school members of the committee ad- 
dressed the student body numbering l.SOO. 
Louis Campiglia. Rotarian president, heartily 
sanctioned the "Shoe Leather Campaign.'" 
Following the meeting 100 high school bovs 
under the direction of John Lynch, president 
of the student body, formed a special commit- 
tee to canvass the residential district. There 
were committees appointed to interview all 
lawyers and, indirectly, their clients. This 
committee consisted of F. H. Bloomingdale, 
David M. Burnett, L. Petree and L. B. Arch- 
er. All lines of business were segregated and 
a committee appointed for each list. No busi- 
ness house was forgotten. For instance: El- 
mer E. Chase was given canneries ; Dr. David 
A. Beattie, doctors and nurses; A. G. Du- 
Brutz, plumbers: Ferdinand G. Canelo, dry- 
goods and department stores ; Robert F. Ben- 
son, automobiles and accessories. Barber 
shops fell to the lot of Wm. L. Prussia. Jay 
McCabe, being known for his versatility, was 
handed a list which designated priests, and 
Chinese and Japanese settlements. For Jay's 
assistance leaflets were printed in Japanese. 
Chinese and Italian. 

The speed was increased and nobody shirk- 
ed. In competition with the high school sol- 
icitors Capt. Charles Parkinson'of the Rotar- 
ians worked his bunch of live business men to 
the limit. Among the speakers at the meet- 
ings held in the various schoolhouses were 

D. M. Burnett, Judge Urban A. Sontheimer, 

E. N. Richmond, Chas. M. O'Brien, Chauncev 

F. Tramatolo, Dr. F. H. Patterson. George 
N. Herbert. Arthur M. Free, A. G. DuBrutz 
W. L. Atkinson. Elton R. Shaw, W. S. Clay- 
ton and City Manager Thomas H. Reed. 
Everybody was working and working hard. 
The office of secretary was no sinecure. Dr. 
W. C. Bailey was a whole battery of big guns, 
and Chairman John D. Kuster a'regular vital- 
izing current of energy. 

About this time the "four minute men" 
made their entrance, speaking in the theaters. 
The men who won applause and bond sub- 
scriptions in four minutes were City Manager 
Reed, Councilman W. L. Atkinson and De- 
puty District Attorney Fred L. Thomas. 

A unique break in the routine of probate 
proceeding occurred in Judge P. F. Gosbey's 
court room when he gave permission to trus- 
tees of various estates to use funds for the 
inirchase of Liberty bonds. Thousands of 
dollars, otherwise unavailable, were loaned to 
Uncle Sam by this order wdiich the Judge 
exprcs>cil liiniself as "glad to make." 

liy Wednesday, June 13. 1917. the San 
Josean who appeared without a Liberty Loan 
button \\as not popular. Banks remained open 



178 



HISTORY OF SANTA CLARA COUNTY 



in the evening from seven to eight for the 
benefit of subscribers. Up to this time only 
361 out of 1628 subscribers had bought bonds 
directly from the banks. The banks were sub- 
scribing heavily, a large percentage of the en- 
tire loan being taken by them. Many signi- 
ficant subscriptions were made. The scholar- 
ship fund at the high school purchased a $1000 
bond. The First Methodist Church purchased 
bonds after hearing an address by Rev. W. L. 
Stidger, the pastor, in which he said : 'AVe are 
fighfing today for the same thing that Jesus 
Christ died for — the conservation of human 
liberty and freedom." 

Little Chester Olson, a twelve-year-old 
newsbov. read a flaming poster that said: 
"Those'that stay at home must feed the boys 
at the front." Chester was patriotic — he had 
$10 in the bank. He asked father and mother 
for something. They agreed to help him. 
Proudlv Chester went to the First National 
Bank and negotiated for the purchase of a $50 
hond— $10 down and $2.50 a month. He 
made $1.43 in three days. Business was good 
and Uncle Sam needed the money. Later 
Chester's older brother donned a uniform and 
the little newsie was gladder than ever to be 
a bond owner! 

The first Liberty loan went through with 
a whoop. For San Jose the numlier of sub- 
scribers was 4774: for the county 2228, mak- 
ing a total of 7002. The amount of the loan 
subscribed by San Jose was $1,611,300, aver- 
aging per capita $3^7. For the county the 
subscription was $707,050; per capita average, 
$317. The total bond subscription for the city 
and county was $2,318,350, with a per capita 
average of $331, and only six and one half per 
cent of the entire population subscribing. 
Invaluable aid during this and the second Li- 
berty Loan drive was given by Fred Lewis 
Foster, the able and patriotic assistant secre- 
tary of the Chamber of Commerce. He was 
combination patriotic assistant secretary, 
counselor, solicitor and publicity man and 
working quietly but efficiently ho did a tre- 
mendous service. 

On June 20. 1917. after the "smoke of bat- 
tle" had cleared away, Dr. \V. C. Bailey, pre- 
sident of the Chamber of Commerce and sec- 
retary of the Liberty Loan committee, issued 
the following letter, addressing it to "The Ci- 
tizens:" "Now that the first installment of 
the Liberty loan has passed into history," 
wrote Dr. Bailey, "as Secretary of the Liberty 
Loan Committee, and in behalf of the commit- 
tee, I wish to congratulate you upon the won- 
derful success of the issue and to rejoice with 
you in this great exhibition of solid financial 
assistance to the government in time of need. 
We simplv could not fail. Returns are suffi- 



cient to show that this loan knew no territor- 
ial divisions, no financial cliques, no racial 
factions, but that it was a grand outpouring 
of the gold of the whole country- by the rich 
and poor for united American democracy. 
\\'e are proud of our local participation and we 
take this opportunity to congratulate all those 
who helped in any way to make this first in- 
stallment of the Liberty Loan st) splendidly 
successful. 

"W. C. BAILFY. 
"Secretary Liberty Loan Committee." 

Senator Frank H. Benson is the man who 
introduced the original state council of de- 
fense emergency measure requested by Gov- 
ernor ^^'illiam D. Stephens, to the sena'te. 
This was done on Alarch 28, 1917, the measure 
passing without a dissenting vote. This pro- 
posed state council of defense, to be com- 
posed of three members appointed by the 
governor, was to be empowered to investi- 
gate and report on all of California's resources 
and military needs. 

Local members of the council appointed 
by the governor were Judge P. F. Gosbey. 
chairman; Henry M. .\yer, chairman board of 
supervisors ; .Arthur B. Langford, sheritif, Ar- 
thur M. Free, district attorney. Later Derol 
J. Chase was made secretary, and George E. 
Hamilton, of Santa Clara, and H. L. Haehl, 
of Palo Alto, were added to the council's 
membership. 

Derol Chace made an unselfishly ])atriotic 
secretary, giving not only his entire time, but 
the use of his automobile to the work of the 
council. Not every one was quite clear just 
what duties belonged to this body of men, for 
the reason that their work was of such a na- 
ture that much of it was a secret shared only 
with their Uncle Sam. The objects for which 
the nation-wide councils were formed were to 
safeguard the welfare of the people during 
the war. to increase food production and pro- 
mote conservation; to co-operate in carrying 
on business and industrial pursuits in a man- 
ner as near normal as possible ; to classify all 
unofficial military organizations and super- 
vise their activities. In short, this council 
was to co-ordinate patriotic efl?ort. There was 
one camp at Sixth and Santa Clara Streets, 
where companies B and M and a sanitary 
detachment were awaiting orders. Lieut. L. 
M. Farrell commanded the real fighting con- 
tingents. Maj. F. H. Paterson headed the 
sanitary detachment and called for volunteers. 
Telegraphic reports grew disquieting and the 
Sixth Street camp was very real. It began 
to disturb mothers and sisters, sweethearts 
and wives. Then, unexpectedly, that corner 
lot camp was liroken up. Companies B and 
Al left .April 2, 1917, under orders. 



HISTORY OF SANTA CLARA COUNTY 



Dominic DiFinre, Universit}' of Santa Clara 
graduate, enlisted in the aviation corps and 
said goodbye. Local regiments were forming. 
Maj. Herbert L. Partridge, retired, was act- 
ing colonel of one regiment. Capt. Russell 
B. Tripp, N. G. C, retired, acted as adjutant, 
and Capt. R. B. Leland, formerly of the Na- 
tional Guard of Iowa, served as quartermas- 
ter. Four local companies were headed res- 
pectively by Lieut. Argyll Campbell, Lieut. 
\\'illiam L. Howe, Lieut. Byron W. Gray, all 
formerly of the N. G. C, and Capt. Clyde A. 
Bostwick, formerly of the Missouri National 
Guard. 

Then City Manager Reed began the organi- 
zation of the Home Guard which was to take 
the place of departed companies B and M. A 
committee of patriotic citizens met at the 
chamber of commerce — just eleven men — and 
decided to have a city Loyalty Demonstra- 
tion. Ten Spanish War veterans, led by Capt. 
'B. B. Kavanaugh, presented themselves at 
this meeting and ofTered themselves as a nuc- 
leus for the Home Guard. 

San Jose's part in the great \Vorld War was 
really started at this meeting. The following 
Tuesday there was a meeting of the Chamber 
of Commerce. Dr. \V. W. Campbell came 
down from Mt. Hamilton to tell about the 
stars. There came a time when three blue 
stars shone in the window of his mountain 
home — Kenneth, driving an ambulance on the 
fighting line in Italy; Douglas, Captain Doug- 
las Campbell, later with the Aviation Corps in 
France: and ^^'allace, with the fighting en- 
gineers. The local Knights of Columbus and 
many other organizations adopted patriotic 
resolutions and the Sons of \'eterans offered 
their loyal services. 

Not everyone knew there were two Coun- 
cils of Defense in the city. On Saturday, Ap- 
ril 7, the North Ninth Street Council paraded. 
Led b}- Capt. Harry Vance, aged thirteen, 
came a guard of fourteen. The contingent 
consisted of a hospital corps of Red Cross 
nurses. Capt. Claire Declaire, seven years 
old, led them. The fighting squad, besides 
the captain, was ofiicered by three first ser- 
geants, Ernest Declaire, Ralph Guther and 
Milton Dampier. 

At the time of the first registration. County 
Clerk H. A. Pfister took his place on the 
Council with a plan for handling the big task. 
"It's a big job," he said, "but I can do it and 
want to do it for the cause." June 17 was 
named by the President as Registration Day, 
for all men between the ages of 21 and 31. 
Foreign speaking residents were reached 
through the officers of their societies and a 
speaking committee. Sheriff Langford. assist- 
ed by Dan J. Flannery, covered Chinatown. 



Finally a halt came. Postage stamps cost 
money. Down in their pockets went the 
members of the Council to the depth of $5 per 
member. Derol Chace was elected treasurer 
by acclamation. On May 31, 1917. he resign- 
ed from the Council, shouldered a real gun 
and marched away. 

^V. C. Short, of the firm of Short & Ryan, 
was appointed to fill the vacancy left by Derol 
Chace's enlistment. The Council almost 
went down for the third time in the strugo-le 
over registration and naming exemptron 
boards and war gardens and so forth Plans 
changed. It was decided that County Clerk 
1 hster should have charge of all registration 
outside of San Jose and City Manager Reed 
and City Clerk Louis Bailev all that within 
the city limits. 

One patriotic endeavor for which great cre- 
dit IS due the Council was the launching and 
helping to bring to success the 1917 war o-ar- 
den campaign. The Council's efforts were 
successful in obtaining lower water rates and 
free water for many vacant lot gardens indr- 
der to promote food production. Meetin^rs 
were held from time to time whenever mas- 
ters of grave importance had to be discussed 
new members were added until at the Novem- 
ber 16th meeting the personnel of the Council 
was as follows: Mrs. J. P. Shambau, chairman 
of the Women's Committee; Mrs. W. H. 
Shockley, chairman of women's committee on 
food conservation; Mrs. John G. Jury, chair- 
man largest group of women's activities: 
George E. Hamilton, chairman committee oii 
commercial economy; Miss Stella Hunting- 
ton, chairman collection of books and period- 
icals : H. M. .Ayer, chairman fire protection; 
H. B. Martin, food administrator; H. W. Mc- 
Comas. four-minute men; Byron Millard', city 
tuel administrat..r: E. A. Wilcox, county food 
administrator; D. J. Flannerv, general speak- 
ers' bureau; J. M. Parker,' f.ibcrt\ loans- 
Judge H. D. Tuttle, non-war c. .iistnution ; e'. 
A. Richmond, chairman Red Cross; Fred' L. 
Fehren, Stanislaus plan; W. S. Clayton^ 
chairman war donations ; Joseph E. Hancock' 
war gardens; Prof. H. B. Leland, chairman 
war history; Dr. James B. Bullitt, chairman 
war savings stamps; C. S. Allen, war service 
league, and Mrs. L. T. Smith, women's mobil- 
ized army. The name of the Council was now 
changed to the Santa Clara County Division 
of the State Council of Defense. 

On May 5, 1917, the Young Men's Christian 
Association started work on a national cam- 
paign for $3,000,000 for war work. Of this 
amount, Santa Clara's quota was $5000. This 
fund was raised at the request of Uncle Sam 
and was to be used for work among the sol- 
diers and sailors of the United States. The 



180 



HISTORY OF SANTA CLARA COUNTY 



request included a call for 1000 of the Asso- 
ciation's best trained secretaries to work with 
the soldiers. For this drive California was 
divided into nine sections with nine execu- 
tive secretaries in full charge of the financial 
features. The Santa Clara County division. 
with San Jose as headquarters, included San- 
ta Clara, Monterey, Santa Cruz and San Benito 
Counties. 

R. H. Gossoni, a well known "Y." worker, 
had complete charge of the district, and John 
R. Mott, General Secretary, was at the head 
of the National Campaign. The San Jose 
campaign received the hearty endorsement 
of the local "Y." directors on May 9, 1917, at 
which time R. H. Gossom was present at 
the meeting. Hiram A. Blanchard. president 
of the San Jose Association, was delegated 
to select a district committee to operate the 
"drive," with the able assistance of John D. 
Crummey, vice-president, and Geo. C. Wilson, 
secretary. At a dinner on May 11, State Sen- 
ator Herbert C. Jones explained the Associa- 
tion's objective. It was stated that the plan 
of mobilizing 1000 secretaries included extra 
equipment, educational and for amusements, 
for the benefit of the soldiers at every army 
post. This equipment was to include 200 
pianos, 200 buildings, 200 moving-picture ma- 
chines, 200 phonographs, 40,000 pounds of ice 
per day, 1000 pens and barrels of ink for the 
home letters. There were to be added 95 
trucks and tons and tons of reading matter. 
Plans were completed and at a "Y." dinner on 
May 22, Senator Herbert C. Jones presiding, 
two "Generals" were chosen to head friendly 
opposing teams in the campaign for the $5000. 
These generals were District .Attorney .Arthur 
M. Free and Senator Frank H. Benson, who 
was also general chairman. 

At Grace Baptist Church on Sunday. May 
20, Frank D. Keene, who had left the College 
of the Pacific to join the colors under the 
standard of the ]\Iarines, and Hector Sawyer, 
local high school boy, also a "soldier of the 
sea," told an interested congregation of what 
the "Y." means to the enlisted men. These 
San Jose boys were home on their first shore 
leave and gladly enlisted their tnne in the 
cause of the "Y." 

On the evening of May 22, the generals, 
captains and enthusiastic workers gathered 
for dinner at the Y. M. C. A. and the follow- 
ing morning. May 23, the campaign for 
"$5000 in two days" began with a rush. The 
two teams, headed respectively by District 
Attorney Arthur M. Free and Senator Frank 
H. Benson, had ten sub-teams, each with a 
captain and two workers. Others were to be 
added as needed. The captains of the Free 
team were : E. N. Richmond, Judge F. B. 



Brown, A. S. Bacon, Rev. J. A. Sutherland, 
L. D. Bohnett, J. D. Crider, C. E. Kelsev, 
Prof. C. M. Osenbaugh and W. G. Ranib'o. 
Benson's team was captained as follows : E. 
R. Wagner, D. J. Denhart. H. M. Barngrover, 
I.. P. Edwards, Rev. George I. Long, J. D. 
Crummey, W. L. Atkinson. H. A. Blanchard, 
.v. G. Wilkins, and C. F. Crothers. 

The dollars rolled into headquarters in a 
steady steady stream and in two days San 
Jose went "over the top." This did not end 
San Jose's gift to the Y. M. C. A. During the 
dark days overseas and the time of dread and 
waiting here eight Y. M. C. A. secretaries left 
San Jose to minister to their soldier brothers. 
They were George C. W'ilson, local Y. M. C. 
.\. secretary ; Rev. William L. Stidger, pastor 
of the First Methodist Church; Rev. O. P. 
Bell, former pastor of the United Presbyterian 
Church; Senator Frank H. Benson, John H. 
Tupper, Jesse H. Hedger, Fred Evans. Char- 
les A. Miller, and Rev. E. A. King. The inti- 
mate experiences of these unarmed crusaders 
for human liberty are chapters of history writ- 
ten by the white light of unselfish service. 

Other men came into the work particularly 
for overseas service, but in the person of 
George C. Wilson, San Jose's Y. M. C. A. 
sent a real secretary to the front. This was 
his life work, the great endeavor that held 
his heart in its keeping and to him came the 
gravest experience. For more than seven 
months in the St. Mihiel and other salients, 
he was constantly under airplane and shell 
fire. One night on an errand of mercy to the 
boys at the front, the truck in which he was 
riding through the blackness of the unlighted 
night along a perilously shell-pitted road, col- 
lided with another machine. In the terrific 
smash Wilson was very seriously injured. 
Wandering away in a delirious condition he 
stumbled and fell into a shell hole and was 
gassed. Some time passed before he was res- 
cued. Invalided to the south of France he re- 
fused to be an invalid and soon returned to 
the horror of actual fighting scenes to minis- 
ter to "his boys." 

Jesse Hedger, previously in active "V." ser- 
vice at home, just "had to go." When the 
call came. Rev. O. P. Bell went to France and 
found his work among the Russian soldiers. 
Rev. E. A. King went to France after the 
signing of the Armistice to carry out an edu- 
cational campaign among the soldiers. Karl 
Kennedy, a former San Jose lawyer, went 
from San Francsco as athletic instructDr 
about the same time. 

W'ith its members numljering 100. the first 
Red Cross membership drive in Ajiril, I'll/, 
was conducted bv Mrs. A. A. Fowler. 'i'he 
Red Cross Christmas Roll Call that com- 



HISTORY OF SANTA CLARA COUNTY 



181 



menced December 11, 1917, under the direc- 
tion of the Woman's Army added more than 
17,300 namfs. Early in April came the plea, 
for funds with which to purchase material for 
the making of hospital garments. These ap- 
peals alternated with the ones for old linen, 
old muslin, bedspreads, and turkish towels. 
Three rooms in the New CeiUur)' ImiMing at 
the corner of Second and Santa Ckua streets, 
were donated by the De Saisset estate for the 
surgical dressing department of the Red Cross. 

On June 12 the garment rooms opened at 41 
South Second street, their use being kindly 
donated bv the Phelan estate thnnigii Mr. .\. 
C. Darby.' 

On June 19 came the first call for comfort 
bags for the boys of Companies B and JM, 
then stationed in Nevada. The W. C. T. U. 
assisted in preparing 125 comfort bags. 
Though shipped immediately through some 
inadvertence they failed to reach the boys un- 
til almost a year later when a letter of thanks 
arrived. It came from Captain L,. La Hue, and 
was written before sailing for France. 

The first work under the direction of Jslrs. 
Hobson was prepared by Mrs. David Burnett, 
Mrs. S. Van Dalsem, ]\Irs. W. R. Wilson. Mrs 
Fillipello, Mrs. R. Syer, Mrs. A. D. DuBrutz, 
the Misses Dorothy White, Ida \\'ehner, Sybil 
Hayes, Miriam Haj-es, Cecille Brooke and 
Mi%s Chapman. The first cutting of garments 
was done by Mesdames W. Gross. W. Van 
Dalsem, P. F. Gosbey, S. W. Gilchrist. Arthur 
Langford, Charles Wayland, Walter Murray. 
W. G. Alexander, George Muirson, Ernest 
Conant, L. Blackford anfl other willing volun- 
teers whose naiiK-s failed to be recorded. 

The first societ_\- tn M.hmteer as a society 
was the P. E. O. organization. These ladies 
offered their services through Mrs. W. C. 
Bailey and worked through the entire war pe- 
riod later taking charge of the knittin;.; rooms 
at the Theatre building. Laii- in tlu- fall of 
1917 the production and garnKiU n., .ms were 
moved from South Second street to a suite of 
five rooms in the Theatre building. 

San Jose had many busy Red Croo.s circles, 
each doing its best under a capable chairman 
to keep us up with the c^uotas ailoted. Among 
those circles were St. Vincent's circle, ]\lrs. W. 
P. Doughert}', chairman ; Eastern Star circle, 
Mrs. A. B. Langford, chairman; College Park 
circle, Mrs. M. Candee, chairman; Aloreland 
circle, Mrs. LeRoy Anderson, chairman; Hes- 
ter circle, ]\lrs. Elizabeth Smith, chairman; Y. 
W. C. A. circle, IMrs. Mary Bolan, chairman; 
Normal Training school, ]\Iiss ]\Iargaret Glea- 
son, chairman; School Women's club. Miss 
Edith O'Brien, chairman; Ladies of Macca- 
bees. Mrs. Nellie Thompson, chairman; Ra- 
chael Fo.x Union circle at Burbank. Mrs. 



Maude P. Bovntcm, chairman; Glen Evrie 
W. C. T. U. circle. Mrs. A. C. Saunders, chair- 
man. 

This pioneer year in war work was filled 
with difficulties, but it perfected an organiza- 
tion, and when the report came in for the first 
year's work, under the guidance of Mrs. W. B. 
Hobson. it Avas a document to be proud of. In 
1917 the total receipts, $20,401.65; disburse- 
ments, $926.30. Total number of articles com- 
pleted by San Jose Chapter, 22.287. From 
May, 1917, to May, 1918, the sewing rooms 
completed 8133 pairs of pajamas; knitted gar- 
ments, 190,025. For the same period the pro- 
duction in the surgical dressing rooms 
amounted h> 228,264 articles. Refugee work 
comprisrd M}.>2 garments. For local use the 
producticia n Minis completed 266 pneumonia 
jackets and 2800 masks. From May, 1917, to 
May, 1918, the garments and surgical dress- 
ings numbered 152,487. From May, 1918, to 
May, 1919, the production totaled 153,338. 
For the entire period the dressings and gar- 
inents nuinbered 287,825. The Junior Red 
Cross produced 2316 garments. 

The Home Service Department of the Red 
Cross assisted 1452 families from May 18, 
1918, to April 30, 1919. The money expended 
amounted to $6,488.88, and of this disburse- 
ment, $2,178.33 came back. 

From May, 1917, to May, 1918, the sewing 
rooms completed 8133 pairs of pajamas. Of 
knitted garments: socks, sweaters, wristlets, 
helmets, mufflers, shawls and stockings — a 
total of 190,025. There were in this quota 
12,806 socks and 3662 sweaters. For the same 
period the production of the surgical dressing 
rooms amounted to 228,264 articles, including 
5-yard rolls, pads, pneumonia jackets, masks, 
compresses, drains, tampons, bandages, front 
line parcels, heel rings and sponges. Of com- 
presses alone there were 183,723 made. Refu- 
gee work comprised 3032 garments. Of mis- 
cellaneous garments there were 26,305 com- 
pleted. This list included aviators jackets, pil- 
low cases, bed socks, helpless case shirts, 
pajaina trousers, boys' suit, boys' trousers, 
drawers, undershirts, underdrawers, bed shirts, 
ambulance covers, ambulance pillows, ice l)ag 
covers, convalescent covers, bed jackets, hot 
water bag covers, girls' petticoats, girls' 
dresses, napkins, scrub cloths, wash cloths, 
handkerchiefs, tray cloths, quilts, comfort 
bags, operating leggins, sheets, unhemmed 
squares. 

From May. 1917, to .May, 1918, the g_ar- 
ments and surgical dressings numbered 152.- 
487. From May, 1918, to May, 1919, the pro- 
duction totaled "153,338. For the entire p^eriod 
dressings and garments numbered 287,825. 
Nor was the Junior Red Cross doing "junior" 



182 



HISTORY OF SAXTA CLARA COUNTY 



work along the lines of production. With a 
junior membership of 13.120 the garments ])ro- 
duced were 2316. 

By the President's proclamation June 18-25. 
1917, was Red Cross week, and a nation-wide 
campaign opened. San Jose did her part 
nobly. At the time of the opening of the Red 
Cross campaign the officers of the local Chap- 
ter were Dr. M. E. Dailey (since deceased). 
chairman: Mrs. W. P. Dougherty, vice-chair- 
man ; W. T. Rambo, secretary ; V. J. LaMotte, 
treasurer. One of the first Red Cross benefits 
was a dance and Red Cross drill given Mav 
2+ by the G. C. Review, No. 4, Ladies of the 
Maccabees, Captain Amy Thompson. A. D. 
Ferrari, of the Italian-American Progressive 
club, came forward with a suggestion for co- 
operation. 

On May 27 Dr. M. E. Dailey received a 
telegram from John J. Clymer, director of the 
Pacific Division of the Red Cross, appointing 
a meeting in San Francisco. Dr. Dailey, Dr. 
\V. C. Bailey, J. O. Hayes and W. C. Andrews 
attended this meeting. The result of this 
conference was a meeting of the local chapter 
on June 6. At this time Samuel G. Tompkins 
was appointed chairman for the Santa Clara 
County campaign and Arthur AI. Free was 
made campaign manager. Karl Stull as chair- 
man headed the activities of the following 
publicity committee : Alvin Long, J. O. Hayes, 
Jay McCabe, H. L. Baggerly, W.' L. Prussia, 
S. R. Walls, R. O. Bell, Judge W. A. Beasly, 
E. M. Rosenthal, J. E. Hancock, Alexander 
SheriiTs, C. .M. Osenbaugh. Dr. M. E. Dailey 
and John D. Kuster. 

The executive committee included Samuel 
G. Tompkins, chairman; Arthur M. Free, 
campaign manager; S. W. Waterhouse, Hen- 
ry M. Ayer, D. J. Flannery. Karl Stull, W. 
T. Rambo, Alexander Sheriffs, Judge W..A. 
Beasly and A. P. Murgotten, secretary. 

On May 9, 1917, the San Jose chapter of 
the Red Cross met at the Chamber of Com- 
merce to arrange for the coming drive. The 
Chamber of Commerce, by Joseph T. Brooks, 
secretary, offered the use of a room in the 
building for headquarters and the services of 
the office force 

Hiram A. Blanchard. with the assistance of 
150 girls, compiled a roster of 10,000 names 
for the assistance of the campaigners. A club 
women'.s committee under the direction of 
Mrs. W. B. Irish was appointed and Mrs. 
Stull, publicity ; Arthur Holmes, round up ; 
Mrs. W. B. Irish, musical entertainment; D. 
J. Flannery, waste paper; H. A. Blanchard, 
cards, etc.; L. M. Simonson, treasurer and 
cashier; committee on lodges and societies. 
W. G. Alexander, W. F. Currv. Ed Distel ; 
newspapers, Sheldon Wills. J. '( ). Hayes, H. 



L. Baggerh', Buel Anderson ; stunts. Jay Mc- 
Cabe, R. O. Bell, Alvin Long ; outside press, 
Alvin Long; pulpits, Arthur M. Free; theat- 
ers. Gene Rosenthal ; schools, J. E. Hancock, 
C. M. Osenbaugh, M. E. Dailev, .\lexander 
Sheriffs. 

Then the publicity committee worked over- 
time. Full page ads appeared in all the pap- 
ers. No one will ever forget the immense 
Red Cross poster that lifted against the sky 
on top of the First National Bank Building. 
With its statue of Liberty and pertinent ques- 
tion "Will you fight or give?" no one could 
escape it. It veritably "shouted from the 
housetops!" Then team captains were chos- 
en. Those selected for the work of raising 
the mercy fund were D. M. Burnett, Henry G. 
Mill, fohn P. Fitzgerald, Dr. Charles M. Rich- 
ards, Charles M. O'Brien. S. W. Waterhouse, 
Richard Bressani, John J. Jones, Judge F. B. 
Brown and Herbert Jones. 

San Jose had $100,000 to raise and 200 
workers for the job. Karl Stull chalked re- 
turns on his blackboard and the first day's ef- 
fort went down as $14,600. Just then Jack 
Graham's war song, "We'll Fight for Yankee 
Doodle," made its appearance and became a 
feature during the Red Cross drive, l^eing 
used I\v theater orchestras and bands all 
over the country. Lodges contributed liber- 
ally ; there were all kinds of benefits for ^he 
Red Cross. Mrs. B. E. Laughlin wrote and 
personally supervised the beautiful presenta- 
tion of a children's cantata, "An Evening in 
Dreamland." The charms of the dreamland 
were enhanced by pupils of Miss Hughes and 
Helbert Hitching, who gave a program of 
dances, and the pupils of Mrs. Theresa Par- 
ker and Prof. De Lorenzo, who gave voices 
of song to fairyland. 

The never-to-be forgotten pageant was a 
gigantic Red Cross benefit, staged by 1500 
performers and witnessed b}- more than 5000 
people on June I. The pageant of history and 
allegory was written by Miss Helen Stock- 
ing, with, music by Miss Ruth Cornell, and 
song verse b}' Clarence Urmy. Joseph E. 
Hancock, president of the Drama Association; 
was responsible for the pageant, which was 
given under the directing genius of Garnet 
1 lolme. 

Alexander P. Murgotten, secretary of the 
committee, donated needed office supplies and 
the Argall brothers quartet volunteered their 
services for the entire Red Cross camjiaign. 
l'"rank Sabatelli's gift for the cause of human- 
ity should not be forgotten. His subscri])tion 
was $100, and he was only earning $2 a day 
as a common laborer. The largest single con- 
tribution was secured bv D. AI. I'urnett's 
team— $2500 given by the estate of I'.. .\lc- 



HISTORY OF SANTA CLARA COUNTY 



183 



Laughlin. The waste paper campaign, en- 
gineered by Dan Flannery, was a valuable as- 
set in the final computation of funds. The 
women's team under Mrs. Lilian Arnold 
turned in over $2000. Hundreds of dollars 
were given at a mass meeting at the Victory 
Theater. The speaker was Lieutenant Golds- 
worthy, a wounded soldier. 

On the night of June 27, San Joseans were 
astonished to see the lights in the cross on 
the tower of the First Methodist Church turn 
from white to red. Rev. W. L. Stidger, the 
pastor, gave the following explanation : "I 
consider that lighted cross turning its face 
north, east, south and west as the symbol not 
only of that Christ who died for liberty and 
freedom, but I also feel that it symbolizes in 
an especial way the light that the whole Red 
Cross movement isi spreading in the dark 
places of the earth in these cruel war times." 
Paul D. Cambino, whose services for the 
changing of these lights were lent l^y the 
Blake Electrical Company, did his "bit" in 
this unique transformation. Caml)ino had 
never climbed a tower. The wind was lilow- 
ing, too, but he swallowed his fear, climbed 
to the top and made the change. 

Sunday morning, June 24, the linal ap])eal 
of the campaign was made. Spont.nu-Musly, 
patriotically, whole-heartedly, the appeal was 
answered and all day Monday the dollars 
rolled in. Monday afternoon and evening- 
Manager Clover, of the T. & D. Theater, gave 
the entire proceeds to the Red Cross. W. E. 
Johnson and the Argalls sang; Helbert Hit- 
ching presented an attractive program of 
dances; an orchestra composed ni members 
of local union No. 153. under the directKin ut 
Carl Fitzgerald, volunteered their scr\ ices ; 
Joseph Blum, manager of the Jose Theater, 
lent two of his best acts; Judge E. M. Rosen- 
thal acted as stage director. Jay McCabe's 
able committee sold candy. The only thing 
they were not able to do was to make change ! 
These patriotically energetic salesmen who 
forgot their arithmetic under Jay's direction 
were: W. L. Prussia, Ernest Lion. Henry 
Hirsch, Leroy Parkinson, Dr. James Kramer. 
Dan Flannery, R. O. Stewart, F. (). Reed, 
Karl StuU and Arthur Holmes. The drive 
was a success. Chas. M. O'Brien's team led 
with $15,229.61, and the sought for $100,000 
Isecame $135,000. Generous assistance was 
given by Nellie Farliepp, Belle Gallagher and 
Mrs. Floy Johnson, of the court house. One 
of the heaviest burdens fell upon Louis Sim- 
onson, expert accountant and under sheriff. 
He devoted all his time to the work and the 
sheriff's office was transformed into a Red 
Cross headquarters. His assistants were 



Eleanor Brown, Dicey Baugh, Marguerite 
Vella and Mrs. J. F. Charles. 

The next was the book drive, started in the 
\Var Service Committee of the American Lib- 
rary Association. Not with howitzers and 
shrapnel was the tedium of camp life to be 
destroyed, but by books, papers and maga- 
zines. ' The call was for $1.000,000. for reading 
matter, the biggest movement of the kind ever 
contemplated. At five cents per capita, San 
Jc.se's ,|n.,ta was $1750. Mrs. John E. Rich- 
ard>. president of the board of library trus- 
tees, presided at a preliminary meeting held 
at the city library to arrange the campaign. 
Senator Frank H. Benson drew the secretary- 
ship, Charles F. Woods, recently appointed 
librarian, exjdained the purposes of the drive. 
'I'he acti\e campaign commenced September 
24, 1917, with Librarian Woods in charge. 
He was ably assisted by Miss Stella Hunting- 
ton, county librarian. 

Over 200 posters in red. white and blue pla- 
carded the town. Each donation of $1.00 or 
more entitled the giver to an engraved name 
plate in one of the books purchased. "Send 
your name to the front if you can't go" was 
a drive slogan. Day by day the amount in- 
creased. Then came Saturday, September 
27, 1917, — the last day of the week's drive. 
It was a great "Tag Day." A bevy of San 
Jose's pretty girls, under the direction of a 
committee headed by Mrs. A. A. Fowler, 
played "tag" all day. The members of this 
committee were Mrs'. A. A. Fowder, Mrs. J. E. 
Richards. Mrs. Chas. F. Woods, Mrs. G. W. 
Hommedieu and Mrs. Nina Moon. Tag Day 
hniUL;ht $300 and the end of the drive for 
funds. Lilnarians Woods and Huntington 
with the assistance of the interested commit- 
tees and volunteer workers had "put it 
across." Other book drives followed. The 
cry from overseas was answered 1)y San Jose. 

On May 1, 1917, San Jose high school stu- 
dents heard the war garden program outlined 
by Prof. H. B. Crocheron, of the Department 
of Agriculture, University of California. He 
held the ofticial appointment made by Dean 
Hunt, of the College of Agriculture, to enlist 
the help n\ boys too young to enlist for other 
service. -\t the time of his visit to San 
lose he fciund that the high school agricultural 
deiiavtnient had 114 pupils interested in prac- 
tical farm pr. Mliutinn. These student-farmers 
constituted an agricultural club, under the dir- 
ection of Prof. J. R. Case, Jr. This first meet- 
ing resulted in the 'enlistment of 350 high 
school boys who pledged themselves to crop 
jiroduction and to assist with the year's har- 
vest. 

Food production plans occupied the earnest 
attention of the council of defense. A citi- 



184 



HISTORY OF SANTA CLARA COUNTY 



zen's committee under the leaclershij) of E. E. 
Chase became interested. The Rotary Chib 
stood solidly behind the campai.s^n. By May 
2. 1917. plans were well under way to super- 
vise intensive gardening. Every man, woman 
and child who owned or could borrow a bit 
of land made up a committee "of the whole." 
Campiglia advised the Rotarians of the cam- 
paign progress in other sections — and San 
Jose just rolled up its sleeves and went to 
farming. 

The response to the appeal for vacant lots 
was an avalanche ! All schools received visits 
from the committee. By May 3 the Horace 
Mann children had taken 30 lots, each having 
more than 4000 square feet. The Grant and 
Longfellow children planned to cttltivate their 
own back j'ards. School heads agreed to farm 
lots themselves or in co-operation with the 
children. Rotarians grabbed a piece of land 
some distance from town and planted 50 acres 
of corn. They also offered special induce- 
ments to school children in the form of prizes. 
Then work began in earnest. Weeds and drj- 
grass trembled and tin cans knew their hour 
of doom had come. First of all, the vacant 
lots must be well "soaked" or the ground 
would be lumpy at the plowing. This, water- 
ing was undertaken by the Rotarians. The 
council of defense and other interested organ- 
izations found the San Jose AVater Company 
eager to help by reducing rates for home gar- 
dens and donating water for vacant lots. The 
San Jose fire department, under Chief Edward 
Haley and Assistant Chief Herman Hobson, 
volunteered to do the flooding of the lots. The 
street department, directed by Chief Engineer 
Walter H. Hunt, w^ere to furnish teams and 
a plow and do the needed work on as many 
lots as ppssible. The Bean Spray comjiany 
offered a tractor for plowing the larger lots 
and groups of lots. 

Then the 100 Boy Scouts of the First Me- 
thodist Church, under the leadership of Rev. 
Frank McLain, each pledged himself to "feed 
a soldier." They promised to forget vacation 
• — and the}' kept that promise. They put on 
an unexi)ccted and novel program. One even- 
ing in Rlay, headed by two stalwart policemen 
and armed with rakes and hoes for weapons, 
they marched through the down town streets. 
The Scouts bub1)led over with patriotism. One 
little laddie said: "Maybe I'm too little to car- 
ry a gun, but I can make a garden !" For 
months Rev. Frank McLain, Mr. Farrier, of 
the First National Bank, George Norris and 
Donald Arguello had worked on the Boy 
Scout movement in San Jose and their efforts 
found recognition in the cheers that greeted 
this jjatriotic parade of volunteer food pro- 
ducers. 



The Rotarians did more than make speeches 
and cheer. They dug in their individual gar- 
dens and they dug down deep in their pockets 
and put up several hundreds of dollars to fin- 
ance the work of getting the vacant lot gar- 
dens ready to plant. They secured the ser- 
vices of C. H. AVaterman. who took charge of 
their planting campaign for 30 days. It was 
a unique campaign, for it was the first time 
in the history of the city that its government 
turned gardener ! , Firemen to do the flooding, 
police department volunteering to transport 
the hose from place to place, and the city's 
teams to do the plowing! 

The firemen had the worst of it. Their 
work was done between the hours of eight in 
the evening and four the next morning — but 
not one of them complained. There was dififi- 
cult}- in finding the lots. Frequently instead 
of one vacant lot they found four and the mid- 
dle of the night was a mighty inconvenient 
time to find out which lot to flood ! All night, 
night after night, the fire boys worked. They 
"d3^ked" the lots until each one looked like a 
miniature Holland — then turned on the water. 

A conference of all the local food production 
experts was held at the high school cafeteria 
on ]\Iay 10, 1917, E. E. Chase, chairman of the 
original food supply committee, presiding. 
Earl Morris, county horticultural commission- 
er, was made chairman of the campaign com- 
mittee and the personnel of those attending 
the conference were : E. E. Chase, W. L. At- 
kinson, representing the Rotary Club ; Alex- 
ander Sheriffs, citA' superintendent of schools ; 
.Arthur M. Free and J. D. Chace, Jr., of the 
Council of Defense: Prof. J. R. Case, Jr., of 
high school agricultural department; C. H. 
Waterman, general campaign supervisor : 
Karl Hazeltine and Ernst L. Conant. Arthur 
Free toured the schools of the county. J. J. 
JMcDonald donated a plow, teams were loaned 
by John R. Chace and the Standard Oil Com- 
pany, and over 500 high school and normal 
school students enlisted for the work. Over 
200 lots were cultivated. Andrew P. Hill's 
back yard was an incentive for greater garden 
effort, for nothing was wasted there, not 
even space. 

The winners of the first and second prizes 
offered by the Rotary Club in the schools 
were : Gardner School — Herbert Hyer. Jack 
Hewitt. Lowell School — Willie Jury, Harris 
Willson. Washiiagton School — Frank Guer- 
ra, Emilio Gagliardo. Hawthorne School — 
Mario and Frank Duino, first, and George 
Straight, second. Grant School — Louis Ar- 
none, first, and Denward and Fred Davis, sec- 
ond. Horace Mann vSchool — Albert Hachlen 
and George Bliss, first .and \'ivian 'I'hornton. 
'I'helma Lanz. Alvis Davis. Kubv Withers. 



HISTORY OF SANTA CLARA COUNTY 



185 



Thelma AlcGary, Carol Ames, second. I^ong- 
fellow School — Byron and Thelma Hunt, first, 
and Walter Donley. Emile Ricca and Cecil 
Morehead, second. Lincoln School — Ray Nich- 
olas and Jack Gilleran. 

No story of this 1917 garden activity would 
be complete without special mention of Rev. ]. 
H. Wythe, who, during- the entire period, was 
deeply interested in the movement and who 
aided its success in every way, not only be- 
cause of his government appointment on this 
commission but because of his love of gardens. 
During 1918 Prof. Joseph E. Hancock was 
given the chairmanship of war garden activ- 
ities by C. C. Moore, chairman of the state 
council of defense. Professor Hancock had 
an extensive campaign planned when the ar- 
mistice removed the pressing necessity fur 
increased food production. 

Werlnesday, September 26, 1917, San jose 
l>ade goodbye to Companies B and M, Califor- 
nia volunteers, trained at Fort Mason, who 
passed through on their way to "somewhere 
in France." That same day J. D. Kuster, W. 
S. Clayton, V. J. LaMotte, Victor Palmer and 
Dr. W. C. Bailey went to San Francisco to 
consult with the general executive committee. 
Friday the local meeting was held to arrange 
for the opening of the loan campaign October 
1. The committee personnel remained the 
same as in the first loan, John D. Kuster, 
chairman, and Dr. W. C. Bailey, secretary. 

The city was divided into four districts, 
each with well defined street boundaries, and 
a competent executive head named for each 
district. Joseph M. Parker was made chair- 
man of ward one ; Arthur M. Free, ward two ; 
A. L. Hubbard, ward three : and H. A. Harms, 
ward four. Each chairman appointed a work- 
ing committee of from 50 to 100 in his district 
with captains and lieutenants so as to cjuickly 
organize effective work. 

At this time the Eighth regiment, compris- 
ing over a thousand men, Colonel George M. 
Weeks commanding, arrived at Camp Fre- 
mont after a two months' trip from the Phil- 
ippine Islands. The famous California Griz- 
zlies were forming and camped at Tanforan, 
prominent among them being Major Robert I. 
Bentley, Captain Cedric R. Richmond. Cap- 
tain Ellsworth E. Chase and Lieutenant Wil- 
mer Gross. The cross above the hallowed 
grave of Lieutenant Wilmer Gross "some- 
where in France" casts its shadow on the 
hearts of the home-folks for the continuance 
of whose liberty he made the supreme sacri- 
fice. 

Sunday, September 30, 1917. the Argall 
Brothers quartet made their last appearance 
as a singing group at the Methodist Church. 
Charles was soon to leave for France. 



Joseph M. Parker's committee met Sunday 
at the Vendome Hotel and for each of the six 
precincts in the first ward a chairman and his 
aids were named. Precinct No. 1 — Henry 
Ayer, chairman; William Watson, Joseph 
Hartman, William I. Geoffroy, W. F. Curry, 
and Dr. A. A. Cavagnara. Precinct No. 2 — 
jr.scph Magistrctti, chairman; D. M. Denegri, 
J. Cailk-ati, JCugone Pezolo, F. W. Hogan. 
Precinct Xo. 3 — John V. Slavich, chairman; 
A. P. Lepesh, August P. Minjoulet, Gus 
Wendt, N. A. Pellerano. Precinct No. 4 — 
J. J. McLaurin, chairman ; Matt Glennon, W. 
P. Isham, A. R. Kennedy. Precinct No. 5 — 
W. L. Atkinson, chairman; Dan ]. Flannery, 
George H. Anflcrson, George McDonald, J. R. 
Kocher, James i".ili..r(, A. N. Losse. Precinct 
No. 6 — .Alexander Slu-riffs, chairman; Harrv 
Morris, J. F. U'Keefe, Miss Lvnch. Mrs. Frdd 
Keller, Mrs. Bennett, Mrs. J. J. Conniff, Mrs. 
Baggott. 

Other war leaders hastened to perfect their 
working force. Free learned that Al Hul)bard 
was coming over in- his ward to appropriate 
some of the best workers. Hul^bard mafle 
approaches to Billy Prussia, who w.-i.s ((.unt- 
ed on by Free as a soliciting jtrizc winiKT. 
That would never do. Free called a mectim," 
at the Chamber of Commerce. Hubbard called 
a meeting at the same time and place ! Thev 
compromised! It was the best compromise 
in the world. They simply agreed to combine 
forces and fight side by side to a victorious 
finish with the following committeemen : 

Free's workers — S. W. Waterhouse, James 
Finley, C. A. Hall, Walter Lillick, [uanita 
Halsey, Jennie Sheriffs, R. R. vSyer,"E. M. 
Rosenthal, S. Trapani, Jese Levy, Alexander 
Hart, Joe Millard, Bert" Gassett.' Judge P. F. 
Gosbey, Elmer E. Chase, Tmih FmmIIcv. I'annie 
Morrison, Mrs. C. A. \\a\lan(l. Dr.' William 
Simpson, Dr. J. J. Miller'. Gus Lumi, Frank 
O'Connell, Alfred Madsen, Karl Stull, Mrs. 
Fosgate, Dr. David A. Beattie, Tom Watson, 
Mrs. T. L. Blanchard, Walter Chrisman, L. 
Maggini, Sam E. Smith, Samuel Tompkins, 
R. C. McComish, Captain Bailey, Captain 
Campbell, Mrs. Mae Faull, ]\Irs. Henry I, ion, 
Mrs. S. Ogier, Robert Borchers, A. C. Kuhns, 
Ralph Lowe. 

In ward four H. A. Harms, chairman, put 
his sign and seal on the following gentleman- 
ly solicitors, each to name cither able assis- 
tants : C. W. Davison, Judge LIrban .\. Sonth- 
eimer. E. P. Bonar, J. B. Chiappe, F. A. 
Gunn, J. M. McKiernan, C. H. James, Mrs. D. 
H. Roberts. 

Word came that on the following Friday, 
October 5, more than 700 boys would pass 
through San Jose on their way to Camp 
Lewis. The reception and supper given them 



186 



HI 



'ORY OF SANTA CLARA COUNTY 



in St. James Street next to the Park, followed 
the city's goodbye to 126 of the local hoys, 
who left that day for army camps. 

October 6, John D. Kuster received a tele- 
gram from Mrs. E. R. Brainard, chairman of 
the Woman's Liberty Loan committee for 
California, asking that women be appointed 
for county work. Mrs. C. A. Wayland was 
given the honor of the first appointment as 
chairman and immediately began to perfect an 
organization. The women entered into the 
campaign with as much fervor as the men. 

Mrs. Charles C. Wayland's committee of 
women was co-operating with the men's liber- 
t}' loan committee and the women's council of 
defense. 

Judge William A. Beasly headed the speak- 
ers' committee and secured Charles K. Field, 
editor of the Sunset Magazine, who address- 
ed an immense audience in the First Baptist 
Church the next Sunday evening. Other 
speakers who gave their services during the 
campaign under Judge Beasly's direction were 
J. S. Williams, Dr. J. W. Dinsmore, Arthur 
Free, Victor LaMotte, Senator Herbert H. 
Jones, A. C. Kuhn, Fred L. Thomas, .M. E. 
Griffiths, Victor Palmer, F. M. Coleman and 
Senator Frank H. Benson. 

H. W. McComas was made chairman of the 
four minute men — Arthur M. Free, Senator 
Jones, Grant Bennett, Dr. James B. Bullitt. 

Friday, October 19, 1917, saw a wonderful- 
ly inspiring parade of school children. More 
than 5000 were in line. The parade, fifteen 
blocks long, was led by City Manager Reed 
and Charles Parkinson. Much of its success 
was due to the efforts of Dr. M. E. Dailey, 
Agnes E. Howe and Alexander Sheriflfs. 

The President's proclamation had desig- 
nated October 24 as Liberty Day, and Joseph 
M. Parker, Chas. R. Parkinson, Henry Ayer 
and Joseph T. Brooks went to Camp Fremont 
to confer with the ofiicers there about having 
the troops take part in the day's demonstra- 
tion. Dr. James B. Bullitt, J. S. Williams and 
Victor Palmer did valiant work and so did 
Billy Emerson, San Jose's veteran newsie. 

On Liberty Day with its jostling crowds 
lining the streets, there passed such a spec- 
tacular parade numbering more than 15,000 
persons as had never before thrilled the hearts 
of San Joseans. The Ei.ghth Regiment came 
from Camp Fremont, 800 strong. There were 
seven bands, besides numerous drum cori>s, all 
the schools, and fraternal and civic organiza- 
tions. Chief of Police Black led the parade 
with City Manager Reed as grand marshal 
and Sheriff Arthur B. Langford as chief aid. 
.\t St. James Park, following the parade, re- 
freshments were served to the lughth Regi- 
ment, after which .\rlhur .M. l'"ree delivered 



an eloquent and stirring address. Deputy 
District Attorney Griffith addressed the crowd 
from an auto near the Park, again from the 
steps of the Garden City Bank, and a third 
time at the corner of St. James and First 
Streets. 

The men who gave their time and energy 
to make this parade an unforgettable event 
were Joseph AI. Parker, Chas. R. Parkinson, 
Thomas H. Reedv John D. Kuster, A. E. 
Holmes. Karl Stull, Howell D. Melvin, Dr. 
W. C. Bailey, Henry M. Ayer and Arthur B. 
Langford. 

.^t the last moment the Hoy Scijuts were 
called upon and they enlisted full of enthus- 
iasm. The second Liberty loan campaign 
ended Saturday night, October 27, with a sub- 
scription of $3,365,100 — another over subscrip- 
tion. San Jose's number of subscribers was 
4722 ; county subscribers, 3250, making a total 
of 7972, an increase of 970 over the first loan. 
San Jose's subscription was $2,305,650. The 
average subscription per capita was $488. 

Now came the second Y. M. C. A. drive. 
The National War Council recommended the 
raising of a fund of $35,000,000, to serve the 
soldiers and sailors of the allies and all pris- 
oners of war. The plan for Santa Clara Coun- 
ty was outlined in San Jose on November 19, 
1917, at a dinner in the Y. M. C. A. Auditor- 
ium. The speakers were Senator Herbert C. 
Jones and Judge W. A. Beasly. Then church 
meetings and school meetings, the high school 
boys being enthusiastic workers. They sub- 
scribed $970. Nine San Jose girls, Malva 
Beatty, Grace Limerick, Julia Holdridge, 
Hazel Dickinson, Georgine Fink, Beth Crum- 
mey, Lilah Seiley and Lola Burdick, made 
"earn and give" pledges of $10 each. The 
children in the kindergarten wanted to help, 
and a special fund took care of their pennies 
and dimes. More than 350 committeemen 
helped to carry on the second "Y." drive. 
These men constituted more than twenty 
teams. On November 20, Senator Jones an- 
nounced that the drive was "over the top,'" 
having $5000 more than the $25,000 quota. 

The Women's Mobilized Army proved its 
ability as a power for accomplishment through 
campaign after campaign for war funds and 
strenuous bond drives. Mrs. L. T. Smith be- 
came colonel for the Santa Clara County 
.\rmy, and Mrs. D. A. Beattie, as lieutenant- 
colonel, looked after San Jose. Eleven other 
workers were appointed to lead the activities 
of the various districts of the county. These 
were : Mrs. W. B. Allen, Palo Alto ; Mrs. S. 
L. Berry, Mountain View ; Mrs. James Glen- 
denning, Santa Clara; Mrs. A. A. Halsey, 
Cupertino; Mrs. Geo. Parso, Campliell ; Mrs. 
W. G. Tomlinson, Saratoga; Mrs. Z. L. Riggs, 



HISTORY OF SANTA CLARA COUNTY 



187 



Los Gatos ; Mrs. O. H. Barnhart, Morgan 
Hill: Mrs. W. B. Holschaw, Gilroy : Mrs. J. 
]'. Shambo, Evergreen, and Miss Nellie Evans, 
Milpitas. This permanent organization ef- 
fected for the period of the war, included be- 
side the colonel and twelve lieutenant-colon- 
els, a major for each school district. Each 
major appointed captains and under each cap- 
tain were several lieutenants. In San Jose 
the majors named by Mrs. D. A. Beattie were 
Mrs. P. F. Gosbey, Mrs. N. H. Booker, Mrs. 
). ]. Bvl, Mrs. J. E. Hancock, Mrs. F. A. Von 
b()rst(>n. -Mrs. C. C. Little, Miss Wehner, Mrs. 
Nicholas I'.MW.lrn. Mrs. Willis Clavton, Mrs. 
A. 11. i'.r..\vn. .\ir>. George B. Se'eley, Mrs. 
Charles Parkinson and Airs. S. D. Farrington. 

This magnificent organization, iierfected in 
a short time, numl^ered 1400 women l:ianded 
together to answer with unselfish service ev- 
ery appeal made to them. Nine tremendous 
war activities called for their best endeavor. 
The December. 1917, Red Cross membership 
dri\-e was the Mobilized Army's initial ser- 
\ice. Mrs. A. A. Fowler was chairman of this 
activity. The second campaign came in 1918, 
when they helped to carry out the success- 
ful Thrift and War Savings Stamp drive un- 
der the chairmanship of Mrs. F. M. Eley. 

The third Liberty loan, April, 1918, proved 
tlie qualitv of wi')mcn's service under the guid- 
ance of .\irs. C. A. \\'a\land, chairman. "The 
Red Cr.is. canipai-n m .May, 1918, War Sav- 
ings Stamp tlrive in June, 1918, and the regis- 
tration of all children under six years of age, 
also in June, were directed by memljers of 
tlie Women's .Army. In October, 1918, came 
the fourth Liberty loan, and no one will ever 
forget the Volunteer Day preceding it on Sep- 
tember 7. On this day members of the Wom- 
en's Molnlized Army served in the regular 
polling places throughout the country, more 
than 850 volunteering for this work in San 
Jose. The result of efficient organization be- 
came apparent when a "check up" of the day's 
returns showed that al)out 65 per cent of 
Santa Clara county's quota had been volun- 
teered in one day. The United War Work 
campaign in November, 1918, and the Liberty 
loan drive closed the book of the Women's 
.Mobilized Army history. No tabulation of 
campaign returns or bare record of work can 
ever tell the story in its entirety. The mem- 
bers of this army made every sacrifice, some 
of them even the sacrifice of health in the pat- 
riotic endeavor to leave nothing undone that 
would speed the coming of the day when 
peace should dawn on a war-worn world. 

Among the thousands of appealing inci- 
dents during the work of the Women's Army 
are two particularly worthy of special men- 
tion. In San Jose I'recinct No. 10, Mrs. E. H. 



Baker made no changes in the personnel of 
her workers during the entire war period. The 
faithful coterie of women were: Mrs. E. H. 
Baker, Mrs. L. L. Lamar, Mrs. C. E. Parsons, 
Miss M. Blomdohl, Mrs. C. O. Neale and Mrs. 
E. Perkins. The other instance of valiant 
service was that of Mrs. J. M. Church Walk- 
er, in charge of the mountain district above 
Los Gatos. This little woman having no 
other way to do her work walked everv step 
of the necessary sixteen miles to organize her 
district. 

The latter |iart of 1917 was a great succes- 
sion of (Irixes. The first week in December 
the National War Council of the Young Wo- 
men's Christian Association issued a call for 
$4,000,000 for the purpose of establishing soc- 
ial and rest centers for heroic nurses at the 
front. Santa Clara County's quota was 
$16,000. At a meeting on December 5. Mrs. 
L. T. Smith made her appointments for the 
county, and Mrs. D. A. Beattie named the 
following team captains for San Jose : Mrs. 
Robert Syer, Miss Maud Blackford, Mrs 
Peter Dunn, Miss Bertha Fair, Mrs. C. C. Lit- 
tle, Mrs. Stephen Maynard. Each captain 
selected ten to twelve women for patriotic 
service. San Jmsc n-spouded, as it always 
did, with an o\ ersubscriiition. Not only San 
Jose but the County. The quota was reached 
"with $4000 to spare. 

During the summer of 1918 the local Y. W. 
C. A. made a gift beyond price to the cause 
of suft'ering humanity when Miss Mary Helen 
Post offered herself through the .Association 
for overseas work. 

The Knights of Columbus and the Y. Al. 
C. A. received appointments at the same time 
from President \\ ilson. The big task before 
these ori^anizatiMiis was to raise funds for 
the special needs of the soldiers. The Knights 
undertook to rai^v .S.^n.lKM) for the entire coun- 
ty, San J.isc's sli;in- licin- SIO.OOO. It was to 
be a fund for all. a work for all, regardless of 
creed or fraternal affiliation. Plans for the 
campaign were made in December, 1917, at a 
luncheon at the Hotel Vendome, at which 
tiine Rev. Edward J. Hanna, the guest of 
honor, expressed his pleasure in the co-opera- 
tion of different organizations. "For the first 
time in its history," said Bishop Hanna, "the 
country has placed its moral and physical wel- 
fare in the hands of the religious men of the 
nation. The best way to make good soldiers 
is to educate men to high ideals." 

The drive, scheduled originally for Decem- 
ber 19, opened at that time in the residential 
districts only, the business district not to be 
canvassed until after Christmas. Charles AL 
O'Brien led the K. of C. forces as chairman of 
a committee consisting of J. F. Brooke, D. M. 



188 



HISTORY OF SANTA CLARA COUNTY 



Burnett. Jay McCabe, F. G. Canelo, F. J. 
Somers, Rol^ert Benson, W. F. Benson, T- S. 
Williams, John J. Jones, Dr. B. L. Wise, 
Frank Martin, F. T- Reidy, R. Bressani, N. A. 
Pellerano, M. E. Griffith and D. J. Flannery. 
Peter Dunne was assigned to the Alameda ; 
Joseph A. Bihn and James Hancock led the 
campaigners in the AVillows ; J. S. Cunan, E. 
S.. San Jose. Joseph Solari and C. O. Wendt 
■were committeemen to cover "the city." 

Christmas time, several other drives in pro- 
gress—and $10,000 to raise! That meant 
$1000 every day for ten days ! The vaudeville 
show for the Camp Fremont boys had just 
been given by the Knights of Columbus and 
stimulated interest in the drive. Then the 
war fund received a Christmas gift from Man- 
ager James Beatty of the Liberty Theater. 
This gift was 2000 theater tickets 'to be sold 
for the benefit of the campaign. 

The day after Christmas the drive began in 
earnest. Judge W. A. Beasly, C. C. Coolidge 
and John J. Jones called upon all the attor- 
neys. Doctors and dentists received visits 
from Drs. Philip Wise, Arthur T. McGinty 
and Dr. Murray. John F. Brooke, J. R. Ry- 
land and David Burnett visited all fruit can- 
ners. Frank J. Somers, W'ill Prussia and F. 
J. McHenry claimed the territory on the east 
side of First Street from Santa' Clara. The 
west side of the street was canvassed by F. 
G. Canelo, Jay McCabe and Henry Hoff. 
Santa Clara Street was assigned to Charles L. 
Barrington, P. J. Foley and H. J. Dougherty; 
Second Street between San Antonio and San 
Fernando was claimed by Joe Solari, Frank 
Reidy and W. J. Benson. John S. Williams, 
N. A. Pellerano and Richard Bressani cover- 
ed Market Street. 

Daily luncheons with encouraging reports 
spurred to greater endeavor and on December 
30. when Chairman Charles M. O'Brien an- 
nounced that the quota had been reached with 
a generous margin there was a burst of en- 
thusiasm. 

The gift of $10,000 to the war fund did not 
end the local offer of Catholic helpfulness. 
Father Walsh and Father Cox, of Santa Clara 
College, followed the flag overseas, and 
Father T. C. O'Connell, pastor of St. Patrick's 
Church, spent more than a year on the fight- 
ing front, offering his chaplaincy in the ser- 
vice of the boys. 

The first idea of Christmas cheer came to 
Eleanor A. Brown, and she talked it over with 
five other San Jose girls — Marion Goldsmith, 
Marion Cassin, Maud Thomas, Evelyn John- 
son and Luita Arnold. 

At the Chamber of Commerce on November 
1. 1917, there was a meeting. Eleanor Brown 
and her fi\e girl friends met with representa- 



tives of the Chamber of Commerce, the Rot- 
ary Club, the Red Cross, Y. W. C. A., Y. M. C. 
A., and the Woman's Club and other organi- 
zations to make plans and perfect some kind 
of working committee. J. J. McDonald was 
made chairman and Luita Arnold secretary. 
Other present were Mrs. Charles Osenbaugh. 
Brownie Schillingsburg, Mrs. W. B. Irish. 
Mrs. Arthur Langford, Mrs. Claude Winans, 
Dr. M. E. Dailey, Charles R. Parkinson, W. 
T. Rambo, and Joseph T. Brooks. The inten- 
tion was just to lovingly send to each boy in 
trench or camp, a Christmas remembrance 
"from the folks at home." Committee leaders 
were quickly selected. Finance, Eleanor 
Brown ; publicity, Mrs. A. B. Langford ; to 
secure the names of the boys. Mrs. W. B. Ir- 
ish ; supplies, Mrs. Claude A. A\inans ; box 
packing committee. Mrs. N. J. Gray. Later 
Mrs. F. L Loel, Mrs. S. L. Cunningham. Mrs. 
W. M. Beggs. Mrs. J. J. McDonald, Judge W. 
A. Beasly and Jay McCabe were added to the 
general committee. More and more were add- 
ed until San Jose simply became a committee 
of the whole to see to it that not one boy from 
home was forgotten. Mrs. Claude A. Winans 
shared her committeeship with Mrs. Bert 
Goldsmith,, Mrs. J. E. Hancock. Mrs. D. L. 
Smith and Mrs. A. D. Grant. That gave the 
Woman's Club a place of prominence in the 
supply department and the club recognized its 
Christmas honors by offering to pack the 
boxes. 

The Boy Scouts accomplished wonders rais- 
ing in one day $1175.80. The original plan 
called for 500 boxes. There were at least 900 
that went as Christmas cheer to the boys at 
the front. In addition to the box 300 pounds 
of candy were sent. The boxes contained 
raisins, prunes, nuts, cand}^ cakes, toilet 
articles, local papers. Jack Graham's songs and 
San Jose's Christmas greeting. The first thing 
to catch the recipient's attention would be the 
city's greeting. Its warm-heartedness must 
have seemed like a handclasp across the dis- 
tance — the handclasp of a friend ! 

"San Jose bids her soldier boys, wherever 
they may be, a Merry Christmas. We would 
like to have you think of San Jose not as a col- 
lection of houses and stores, a mere hive of 
busy people, but as a living personality whose 
heart warms to you who have left home to de- 
fend our beloved country in this time of dan- 
ger. We would convey to you a bright reflec- 
tion of our Christmas cheer. We miss you 
from our firesides and amid the rejoicing of 
the holiday season we are at once sad and 
])roud that you are absent. W'e call upon you 
the blessing of Him in whose name the Christ- 
mas feast is spread. Christ was born to bring 
I^eace and goodwill unli) all the world. You 



HIS'J'OKY OF SANTA CLARA COUNTY 



189 



have given yourselves to the same cause; for 
peace and goodwill cannot thrive in the same 
world with Kaiserism. As on Christmas day 
your thoughts turn lovingly toward home, our 
hearts' best wishes go forth to you. Thomas 
H. Reed, City Manager of San Jose." 

In preparation for the third Liberty loan. 
Dr. W. C. Bailey was inade chairman for Santa 
Clara County, John D. Kuster declining to 
serve again. Dr. Bullitt, Judge Gosbey and 
Joe Brooks, a chorus of Normal School girls, 
forty voices strong, and numbers of patriotic 
citizens carried out an educational campaign 
that covered the county. H. D. Melvin visited 
all lodges and patriotic pledges were secured 
with the assistance of J. E. Hancock, Judge 
Gosbey, S. G. Tompkins, Arthur AI. Free and 
Alexander Sheriffs, speakers of powerful con- 
viction. Dan J. Flannery's Speakers' Commit- 
tee consisted of A. V. Shubert. \'ictor Challen, 
Arthur Curtner and Judge L'rban A. Sonth- 
eimer. 

H. W. RlcComas, chairman of the Four Min- 
ute Men marshaled his force of twenty-five 
speakers early in the campaign. The Woman's 
Mobilized Army, with its powerful organiza- 
tion of more than 1400 under the colonel, Mrs. 
L. T. Smith, the lieut.-colonel, Mrs. D. A. 
Beattie and Libert}- loan chairman Mrs. C. A. 
W'ayland comliiiied with the War \\'ork 
Council. 

Saturday, April 6, 1918, designated "Liberty 
Day," opened the third Liberty Loan drive 
with one of the grandest educational military 
demonstrations in Luna Park ever staged in 
Santa Clara Countv. As a result almost $1,- 
000,000 of Santa Clara County's quota of $2,- 
605,000 was raised. The committee in charge 
of the Luna Park spectacle was a bank com- 
mittee, consisting of Geo. B. Campbell, cashier 
of the Securitv State Bank, chairman; J. H. 
Russell, R., D. Pearce, D. S. Glendenning, C. 
A. Baronne, Bank of Italy; A. D. Baker, W. 
E. Drew, First National Bank; Waldo E. 
Lowe and M. B. Davis, Bank of San Jose ; 
Lester Hyde and Percy Thompson, Garden 
City Bank ; Harold Ahlman. George Pierson. 
Security State Bank. 

The burden of the campaign fell to the lot of 
the ten committeemen under the Liberty loan 
leaders. These committeemen were John D. 
Crummey, Alexander Sherififs, A. D. Curtner, 
Louis Campiglia, Henry M. Ayer, Chas. M. 
O'Brien, Chas. R. Parki'nson, Elton R. Shaw. 
E. A. Richmond, Alexander Hart, Walter G. 
Matthewson, Howell D. Melvin. Henry 
Hirsch became special inspector for the San 
Jose district to see that the plans were car- 
ried out. 

Not every one purchased bonds voluntarily. 
Everywhere workers met concrete evidence of 



insidious German propaganda. The list of 
those refusing to buy bonds increased to such 
an extent that the Santa Clara County investi- 
gatm^g and educational committee, with John 
D. Kuster as chairman, came into the cam- 
paign. Other members of this organization 
were J. W. Grimes, Albert Kayser V H 
Wylie, A. A. Halsey, A. M. Free, F. J.Mc- 
Henry, Fred L. Fehren, A. G. Du Brutz, judge 
P. F. Gosbey, Sam G. Tompkins, Herbert C. 
Jones. These men did not shirk their unwel- 
come task. Over 900 cases were investigated 
and the members' services were invaluable. 

On April 16, 1918, San Jose was electrified 
by the news that Lieut. Douglas Campbell 
had won the French War Cross bv bringing 
down a German plane and capturing the pilot. 

Shortly before noon on Liberty Day, April 
26, the message came that San Jose and the 
county had gone "over the top." It was a 
great campaign that ended officiallv on May 
4, 1918, with not only the full quota of bonds 
subscribed and the population requirements 
met, but an amount credited to Santa Clara 
County for more than $800,000 above the allot- 
ment and 12,136 more investors than during 
the second loan. The most sanguine hopes 
that came mto existence with the organiza- 
tion of the War Work Council in March, 1918, 
had been realized. Each member of the Coun- 
cil gave to the members of the Women's 
Mobilized Army the fullest credit for the splen- 
did results. 

During the strenuous campaign an advisory 
c^ommittee met every day at the War Work 
Louncil headquarters to "talk things over and 
devise ways and means." Of the following 
taithful members of this committee many gave 
at least fifty per cent of their time to the work 
and others, finding that business interfered 
with their patriotism simply gave up their 
Inisiness, devoting all their time and energy to 
the interests of "backing up the bovs" : Byron 
Millard, A. B. Post, Judge W. A. Beaslv, Dr 
James B. Bullitt, S. G. Tompkins, W. S.'Clay- 
ton, W. E. Bauer, V. J. La Motte. Louis Cam- 
piglia, Arthur M. Free, H. L. Baggerly, Wil- 
bur J. Edwards, E. K. Johnston. H. g' Coy- 
kendall. ^V. G. Alexander. Frank J. Somers 
George N. Herbert, John D. Kuster and D t' 
Bateman. 

Special committeemen were Thomas H 
Reed. Karl M. StuU, Victor Palmer, Alvin 
Long. Sheldon R. Wills, F. A. Nikirk, Frank 
L. Baker, D. J. Flannery, Victor Challen, 
Judge L rban A. Sontheimer, Arthur B. Lang- 
ford, Brooks Tompkins, F. E. Chapin and 
\\ ilson E. Albee. 

Preparations .were now made for the fourth 
Liberty loan drive. One or two changes al- 
tered the war work council chart. Dr.' W. C. 



190 



HISTORY OF SAXTA CLARA COUXTV 



Bailey became chairman of the Santa Clara 
Coun'tv War Work council: Joseph M. Par- 
ker, chairman of the Santa Clara County 
fourth Liberty loan committee ; Louis Cam- 
piglia. chairman San Jose War Work council : 
E. H. Foster, secretary; Arthur H. Curtner. 
treasurer; Dr. James B. Bullitt, statistician. 

The campaign did not open officially until 
September 28, 1918, but long before the "big 
day" everyone was at work. The 750 men of 
the war work council and the 1400 workers of 
the women's army comprised the Volunteer 
day force to take charge of the "voting booths" 
in every precinct and polling place throughout 
the county. Arthur Curtner gave a "get ac- 
quainted"' dinner to all district leaders at the 
Montgomery Hotel on the evening of Septem- 
ber 2bth, J. M. Parker making the principal 
speech. Blind Al Herr. newsboy, bought the 
first bond on Monday, September 23. His cane 
guided him to headquarters. Some throats 
choked a bit when Blind Al held out fifty dol- 
lars for some unseen hand to take. 

Volunteer day, September 27, 1918, will go 
down in history as one of the greatest days in 
the chronicles of the county. On that day, 
practically without any solicitation, the count}' 
subscribed $3,258,650 to the fourth Liberty 
loan bonds, $1,701,250 of that amount belong- 
ing to San Jose. The honor flag oil^ered for 
the largest number of. subscriptions in a pre- 
cinct in proportion to the population went to 
precinct No. 37 in charge of F. A. \'an Dorsten, 
director, and Charles M. O'Brien, vice chair- 
man. Out of 373 registered voters 62 per cent 
made bond subscriptions. This precinct at 
Wilson's garage, 899 South Fifteenth street, 
listed among its workers Joseph T. Brooks. 
Edward Johnson, Ben Brown, H, Trephagen. 
Mrs. W. G. Alexander, May Hofifman, Hattie 
Hoffman, Miss Jones. Mrs. H. H. Madsen, 
Mrs. L. P. Edwards, Mrs. P. D. During, Mrs. 
C. B. Mason and Mrs. J. R. Bailey. 

The honor flag for the largest amount of 
subscriptions totaling $68,850, was proudly 
carried away by Crandallville precinct No. 2 
in charge of Alexander Sherrififs, vice chair- 
man, and W. J. Lean, director. Other workers 
were W. B. Irish, Daisy Cozzens, Reta Angus, 
Hattie Prindiville, Mrs. R. H. Topham, Anna 
Mathews and Bessie Crowfoot. D. M. Dene- 
gri did yeoman service among the Italian- 
speaking population, obtaining notable results 
from the emi)loyees of the Greco cannery. .Ml 
canners and their hundreds of workers stood 
solidly behind the loan. William Halla cov- 
ered Chinatown and found bond subscriptions 
piling up after the news came that young Sing 
Kee. son of Chung Kee, had been awarded the 
Distinguished Service Cross. Sing Kee. the 
onlv Chinese soldier in Cimqiany G. Three 



Hundred and Sixth Infantry, deserved that 
decoration and the Croix de Guerre which 
came to him later. He stood for 48 hours at 
an advance post with wireless apparatus send- 
ing messages back to his commander after the 
post had been abandoned by the entire com- 
pany. Sing Kee fought in many battles and 
spent a month in the hospital at Tours follow- 
ing a severe experience with mustard gas dur- 
ing a Hun attack. A letter of congratulation 
went to Sing Kee from his fellow townsmen of 
the War Work Council. The Japanese sub- 
scribed $50,000. The service flag dedicated at 
St. Joseph's on Oct. 6. 1918, held almost one- 
third of the San Jose stars. On Saturday, Oct. 
19, 1918, bells, horns and whistles announced 
victory. Santa Clara County was credited 
with an oversubscription of $826,650. 

Judge P. F. Gosbey of the Council of De- 
fense made the following acknowledgment of 
Parker's able leadership: "I wish to- express 
the appreciation of the Santa Clara county di- 
vision of the Council of Defense for the excel- 
lent work done by J. M. Parker during the 
fourth Liberty loan campaign. It was large- 
ly due to his eft'orts and to those of his able 
assistants that the campaign was carried 
through in this city and county to such great 
success. The result will always stand as a 
monument to Joseph M. Parker's ability and 
loyalty." In the fourth loan San Jose had 20,- 
075 subscribers. The total bond subscription 
was $3,595,000, per capita average of $179. 
For the countv, subscribers 11,662, amount 
$1,899,700, per' capita $163. City and county 
subscribers, 31,735: amount $5,494,700, per 
capita $173. In this loan 29.4 per cent of 
the population subscribed as against 19 jicr 
cent subscribing for the third loan. 

^\'hile priest and Protestant clergymen min- 
istered to the men of all nationalities and 
creeds on the battlefields where all differences 
were forgotten in a common cause, in the 
homeland there developed a new bond of 
brotherhood. A splendid demonstration of 
this broader understanding was the "Seven in 
One" campaign in November. 1918, when 
seven great war work organizations united un- 
der one banner. Santa Clara County sounded 
an unanimous call for Arthur D. Curtner to be 
its drive leader. This intensely patriotic 
.American was an outstanding figure because 
of his magnificent service in all war work un- 
dertaken l)y the community. The assisting 
committee represented each local organization. 
Y. M. C. A., Herbert C. Jones: National Cath- 
olic W'ar Council, including Knights of Co- 
lumlius. M. E. Griffith ; War Camp Community 
Service, E. N. Richmond ; Y. W. C. A., Mrs. L. 
T. Smith : Jewish Welfare Board, U. S. army 
an<l navv. "|. H. Lew: Salvation Army, J. m'. 



HISTORY OF SANTA CLARA COUNTY 



191 



Parker; American Liljrar)- Association, Stella 
Huntington. Santa Clara County's quota was 
raised with an oversubscription of $25,000. 

The fifth Victory loan drive was carried to 
success against great handicaps. The war was 
over and there was indifference in the public 
mind. J. M. Parker was the drive leader par 
excellence. He stirred up the workers and all 
went well. ^^'. S. Clayttm and John R. Chace 
broke their own records by securing $318,000 
in liond subscriptions in four days. A unicjue 
stunt was the Volunteer Day air circus staged 
by James B. Leaman, F. E. Chapin and A. E. 
Holmes. Airplanes from Mather Field circled 
above the county, dropping 15,000 Victory loan 
dodgers. On May Day, 1919, came the big re- 
ception and parade to honor the boys who had 
gone to the front and had come back heroes. 
On the night of May 10, 1919, the drive passed 
into history — an oversubscription, as usual. 

With the establishment of Camp Fremont 
only twenty miles away, and soldiers coming 
U> San Jose by hundreds, a place had to bi- 
])rovidcd where they might rest, ■ read and 
write and eat. The Chamber of Commerce 
lost no time. Its president. Dr. \A'. C. Bailey, 
immediately appointed Chas. R. Parkinson 
chairman of a committee to provide a soldiers' 
recreation fund. An old fund left over from a 
rose carnival amounting to several himdred 
dollars, with accrued interest, was in the hands 
of Alexander Hart, the carnival treasurer. 
This amount was turned over to the commit- 
tee as a starter and made possible the openin,g" 
of rooms in the Chamber of Commerce build- 
ing. Help was needed, as the boys kept com- 
ing, and accordingly a committee of eight was 
appointed by the Women's National Council 
of Defense to co-operate with the Chamber of 
Commerce. The members were Mrs. Nicholas 
Bowden, Mrs. D. A. Beattie, Mrs. Lester 
Morse, Mrs. J. W. Davy, Mrs. W. L. Wood- 
row, Mrs. J. E. Hancock, Mrs. Louis Sonnik- 
sen, Mrs. R. R. Johnston and Mrs. C. R. Park- 
inson, chairman. There was a reception and 
200 soldiers attended. Forty women made 
themselves responsible for the club. Mrs. W. 
L. Woodrow was appointed chairman of the 
canteen ; Mrs. Frank Leib, secretary ; Mrs. S. 
A. Appleton. treasurer; Mrs. C. R. Parkinson, 
director of service. Upon the abandcming of 
Camp Fremont the clulj was closed. The 
dishes and furnishings were given to worthy 
charities and to the center for women in indus- 
try established by the Y. W. C. A. 

To help the Belgians San Jose did her jiart 
from first to last. In January, 1915, at the call 
of Herbert Hoover, Dr. W.' C. Bailey, presi- 
dent of the Chamber of Commerce, called an 
important meeting, which resulted in $2,600 
worth of foodstulTs being sent to Belgium. 



The dri\'e for funds was engineered entirely by 
the Chamber of Commerce with Fred L. Fos- 
ter as the capable and energetic publicity 
agent. The real organization was perfected in 
the fall of 1915, and headquarters established 
in a room in the Chamber of Commerce 
building. 

The first work under the new organization, 
with Mrs. J. W. Davy chairman, was the rais- 
ing of a voluntary subscription of $2400 for 
the purchase of new clothing. After the big 
mass meeting which resulted in the shipment 
of warm new clothing, the monthly pledges 
became a feature of the relief. These pledges, 
\ohintarily signed, were the means of send- 
ing fruin San Jose $400 a month in the begin- 
ning; tlial increased to $600 and the last 
iii..nth'> gilt amounted to $1300. Appro.xi- 
maKl\ ,$15.0110 totaled the local subscriptions 
to this relief fund and that amount does not 
iiuiudc the first funds of $2600 for foodstuffs 
anil $2400 for new clothing, which were for- 
warded through the Stanford Fund before the 
San Jose organization was complete. 

In all there were four drives for clothing. 
Two of them were made in conjunction with 
the National Red Cross. More than 25 tons 

ol a|.pcal>"iHade diirni- tlic.c fnur .'irn e'. >' >,,e 
remarkable recnV, of lirlpiuiiicss \va> made bv 
the C.nifurts I",,r\\ar<lni,- Committee of the 
Cliristian Science Church, who gathered at 
their North I'lrst street headquarters one-tenth 
of all the clothing sent to Bcl-inni during the 
last drive. From the Home of Truth on 
North Fifth street there ha- been issued no 
record of the unlimited amount of money and 
clothing they ha\e sent acro>> the sea. Work- 
ing independently they forwarded hundreds of 
dollars and box .after bo.x of clothing directly 
to .Madame de llemptine, a Belgian woman 
who conducted a refugee house at Calais. 
From first to last no money w:as used for ad- 
ministration of this great mercy fund. Every 
cent collected for Belgian Relief went to Bel- 
gium, sent by Jack Russell, of the Bank of 
Italy, who acted as treasurer. 

The committee wh,, served with Mrs. J. W. 
Davy in this great humanitarian work were 
Miss Ida Wehner, xMrs. W. A. Beasly, Mrs. S. 
G. Tompkins, Mrs. Charles R. Parkinson, Mrs. 
Thomas Blanchard. Mrs. Edwin A. Wilcox. 
Mrs. Everett Bailey, Mrs. D. A. Beattie, Mrs. 
I. E. Bell, Mrs. W. A. Johnson, Mrs. A. P. 
Post, Mrs. W. P. Lyon, Mrs. H. L. Baggerly, 
Mrs. George Herbert, Mrs. Nicholas Bowden, 
Mrs. David Burnett, Mrs. Edward Sterling, 
Airs. Paul Clark, Mrs. Louis Sonniksen, Mrs. 
Willard C. Bailey, Mrs. Leonard Stocking, 
Mrs. Robert Syer, Mrs. E. C. Singletary, Mrs. 
George B. McKee, Mrs. Glendenning, Rlrs. E. 



192 



HISTORY OF SANTA CLARA COUNTY 



C. Richmond, .Mrs. Jay Elder, Mrs. M. E. 
FauU, Mrs. Charles R. Wayland, Mrs. Arthur 
Field, Mrs. T. H. Reed, Mrs. \V. L. Woodrow, 
Mrs. W. P. Dougherty, Mrs. \V. A. Water- 
house and Mrs. W. W. Campbell. In the 
schools Miss Mary Helen Post was in charijc 
of the work at the Normal, Mrs. Mary Smith. 
Washington School, and Miss Elizabeth Mc- 
Swain at the high school. 

Thousands of dollars went from San Jose tor 
Armenian and Serbian Relief. During two in- 
tensive drives for the suffering and starving 
people across the sea the local response 
amounted to more than $38,000.00. 

When the appealing needs of the Armenians 
became urgent, a meeting at the Y. W. C. A., 
on March 11, 1918, started the first big drive. 
Judge F. B. Brown led this campaign and J. D. 
Crummey took the treasurership. The amount 
apportioned locally was $12,000 with $3000 to 
come from the county outside of San Jose. 
The one fact of this relief fund being adminis- 
tered by a New York man who paid all ex- 
pense so that every cent collected might go to 
Armenia was a feature of the drive. The en- 
tire quota was met under the efficient leader- 
ship of Judge Brown and Mr. Crummey aided 
by the following executive committee, Cap- 
tains and assistants at headquarters: 

Executive committee: Judge F. B. Brown, 
Mrs. W. A. Alexander, Rev. R. S. Emrich. 
Rev. E. A. King, Hon. H. Jones and Mrs. D. 
A. Seattle. At headquarters : Mrs. Flickinger. 
Mrs. Hull and Miss Bishop who represented 
Mr. Crummev. Captains: Mrs. F. M. Eley, 
Mrs. D. W. Gilchrist, Mrs. J. W. Lewis. Mrs. 
M. V. McCurdy, Mrs. Charles Crothers, Mrs. 
A. T. Hermann, Mrs. E. A. Wilcox, Mrs. L. 
Richards, E. V. Busch, A. G. Wilkins and 
George N. Herbert. 

James Beatty, manager of the Liberty Thea- 
ter, presented the committee through George 
N. Herbert's team with 200 theater tickets for 
each month of the year, a gift that supported 
10 children for the entire period. The crest of 
giving came on Saturday, March 6, 1918, with 
a response of $4,222.00 San Jose's entire 
Armenian subscription during this "Judge 
Brown drive" took care of 1598 children, 1000 
men and 1000 women in the destitute country 
that looked to California for help and did not 
look in vain. 

The second drive for allied relief, headed by 
Charles M. O'Brien, chairman, and carried out 
with the machinery of the War Work Council, 
began [anuary 14, 1919. With a quota of 
$22,000^ asked over $23,000 was given. The 
armistice silenced the guns and out ot" that 
silence the cry for help came. From the be- 
ginning the Joffre Club. Clul) La I'rance, the 
San lose branch of civil and military relief 



under the direction of Mrs. \'ictor Cauhape 
sent hundreds of dollars and tons and tons of 
supplies, while societies and individuals 
adopted French orphans. 

The county members of the \\'a.v Work 
Council did their part nobly during the war. 
They were: 

Alviso — Geo. E. Nicholson, chairman ; W. F. 
Robideaux, D. B. Wade, W. F. Zankors. A. 
Standish, J. M. Fords, Geo. T. Gallagher. H. J. 
Richards, committeemen. 

Cupertino — W'. B. Calvert, chairman: John 
Ludy, Paul Goodhue. Chas. Lowe, Dr. A". M. 
Coleman, Anton Pichetti, C. L. Rich, vice- 
chairman. Committeemen — G. A: Blair, C. D 
Bambauer, W". A. Buick, Grant Barton, 
A. McDonald, I. A. Ball, F. A. Ball, Paul 
Coolidge, M. L. Dow, K. A. Friedrich, C. R. 
Forge, E. H. Freeman, ]. Frost, Paul Jones, 
W. fellyman, H. H. Mosher, E. J. Parrish, W. 
Paslv, Jas. Patterson, E. N. Pettit, F. M. Pfei- 
fer, Chas. Rostand, F. A. Taft, O. B. Woods, 
C. E. Warren. 

Campbell — J. C. Ainsley, chairman; W. 
Eckles, J. E. Weisendanger, W. T. Hobson, 
John F. Duncan, Geo. L. Parse, Earl Knapp, 
vice-chairmen; J. L. Hagelin, Hiram Hutton, 
.\. C. Keesling, W. H. Lloyd, Geo. Payne, S. 
G. Rodeck, Harrv H. Smith, C. H. Whitman, 
H. E. Brandenberg, B. O. Curry, Dr. C. M. 
Cooper, William Coupland, E. A. Colby, 
Frank Dunucan, C. E. Hanger. 

Evergreen — J. P. Shambeau, chairman ; com- 
mitteemen — Albert A. Anderson, Peter Ben- 
nett, A. H. Burk, R. H. Beck, H. L. Coates, 
W. L. Edwards, John A. Fair, L Gover, Fred 
Hassler, Henry I. Hart, U. J. Haley, John S. 
Hensell, J. O. Hansen, Henry Krehe, W. A. 
Kammerer, Clem A. Kettman, Frank H. 
Kampfen, Theo. Klein, A. L- Leal, Fred May, 
Fred :\Iartin, N. Macher, L. Monferino, A. R. 
McCIay, August Nelson, F. W. Osterman, 
Manuel Pereira, Wm. Provan, Francis Smith, 
iMichael Tierney, Fred Weld, E. B. W'illiams. 

Gilroy — E. D. Crawford, chairman ; commit- 
teemen — John Abincino. A. S. Baldwin, Dan 
Burr, A. W. Cox, H. Carl, Percy Dexter, C. H. 
Emlen, W. G. Fitzgerald, H. Hecker, H. S. 
Hersman, Chas. Lester, Tracy Learned, A. A. 
Martin, R. M. Martin, Fay McOuilkin, H. E. 
Robinson, W'm. Sawyer, G. A. Wentz. 

Los Gatos — J. D. Farwell, chairman; J. A. 
Case, J. W. Crider, L. E. Johns, H. L. Lloyd, 
Ed Howes, J. C. W'alker, C. F. Hamsher, Z. S. 
Riggo, C. H. Squire, Dr. H. E. Smith, J. B. 
Stewart. 

Mgrgan Hill— C. F. Drewrv. chairman; Inhn 
Acton, Wm. H. Adams. |. C. Ahem, R..bt. 
P.ritton, B. Bosqui, Chas. Beck, 1). H. 15echis, 
Luther Cunningham. 1''. \'. Edwards, E. F. 



HISTORY OF SANTA CLARA COUNTY 



193 



Eastman, R. H. Patchell, Irwin E. Payne, H. 
A. Pepen, C. P. Simpson. 

Burnett — Peter Raggio, chairman ; P. H. 
Kirby, P. A. Walsh. E. L. Norton. 

Encinal — Frank Stevens, chairman; H. A. 
Pei)pin. Burt Stevens, Peter Ramelli. 

Llagas — T. A. Hester, chairman: W. H. 
Adams, Harry Wright, C. P. Simpstm. 

Machado — R. K. Patchell, chairman : Rob- 
ert Britton, D. W. Strickenberg. 

San Martin — R. S. Robinson, chairman : 
Chas. Beck, H. Robinson, M. T. Gwinn. 

Uvas — Giles Bradley, chairman ; Ben Bos- 
qui, Ed Eastman. 

Milpitas — E. P. Giacomazzi, chairman; G. 
A. Abell, Lawrena Barker, A. L. Crabb, Law- 
rence Hansen, Dr. R. J. Smith, A. M. Silva, Jr. 

Mountain View — W. L. Camp, chairman ; 
Dr. C. E. Adams, F. B. Abbott, W. F. Bubb, 
A. M. Crittenden, Geo. Chickorich, C. H. 
Clark, H. G. Childs, H. G. Copeland. L. Drake. 
T. J. Evans. Edwin Earl, Hans Ehlers, Al. 
Farrell, Chas. A. Gray, Fred P. Hauck, W. F. 
Hyde, B. W. Hollman, Barney Job, A. Jurian, 
Frank Jackson, W. N. Jess, P. Klein, J. E. 
Johnson, Jas. Logue, Chas. N. Lake, F. Mar- 
cov, J. S. Mockbee, Chas. E. Marcum, P. D. 
Newman, F. S. Oliver, Geo. S. Parkinson, A. 
S. Robinson, H. A. Rengstroff, P. M. Smith, 
Geo. Swall, Guy Shoup, J. J. Tavlor, L. H. 
Watson. O. W. Whalev, R. O. " Winnegar, 
S. A. Winnegar, Chas. \\'. \\'right, Wm. P. 
Wright, R. H. Walker. 

Berryessa- — Harry Curry, chairman ; Alliert 
Foster, Floyd Lundv. W. E. Moore, Joe Rod- 
rigues, J. W. Smith.' 

Eagle — L. F. Graham, chairman : C. A. Bor- 
chers, James T. Murphy, John !'. Yennuni. 

Orchard — J. J. O'Brien, chairman; W. B. 
Clark, Frank A. Leis, Richard McCarthy. 

Mt. Hamilton— Dr. Wm. W. Campbell, 
chairman; Dr. R. C. Aitken. Mr. Beach, R. H. 
Tucker, J. Hoover, Dr. J. H. Moore, E. H. 
Robinson, Lester Hubbard, Paul Gerber, F. 
Knobloch. . 

Palo Alto — G. R. i'arkinson, chairman; B. G. 
Allen, W. H. Adams, J. R. Andrus. L. E. Bas- 
sett, Jas. Basve. W. J.'Biehl, L. S. Bean. Ira G. 
Betts, J. H. Borden, M. A. Buchan, L. L. Bur- 
lingame. J. D. Byxbee.' Jr., Geo. F. Brown, 
Geo. J. Carey, Ed Cashel, A. M. Cathcart, C. 
E. Childs. A. B. Clark. B. W. Crandall, H. F. 
Congdon, C. P. Cooley, \V. A. Cooper, D. C. 
Craig, \\'illiam Transton, J. L. Di.xon, J. Dud- 
field, I. J. Dollingo, Rev. David Evans, O. M. 
Easterday, Chas. Ellett, Alfred Engle, J. F. 
Farrell, R. S. Faxson, Mrs. Fred Fowler, Mrs. 
Marion H. Fowler, James Frazer, Dr. D. Chas. 
Gardner, C. H. Gilbert, Rev. J. M. Gleason, J. 
E. Greene, R. L. Green. N. A\'. Gleaser. F. W. 
Heckett, V. V. Harrier, Theo. [. Hoover. T. 



Hopkins. Rev. Walter Havs, E. A. Hettinger, 
J. E. Hesston. C. A. Huston, W. O. Horabin, 
A. M. Hackett, J. Jury. F. K. Kasson, W. H. 
Kelly, Miss Mary 1. Lockey, Kee Leurtg, P. M. 
Lansdale, Egerton Lakin, J. B. Larkin, G. 
Laumeister, George Lillie, R. N. Malone, Miss 
Maud Manaton. C. D. Marx, W. R. Menden- 
hall, G. E. Mercer, F. J. M. Miles, J. P. Mit- 
chell, W. E. Miller, H. J. Moule, A. L. Murry, 

A. K. Macoon, J. E. McDowell, W. H. Nichols. 
Louis Olsen, E. T. Pennock, Prof. G. F. 
Pierce. Capt. S. M. Parker. G. C. Price. W^ W. 
Price. J. F. Pryor. Robt. C. Ray. (J. O. Rhodes. 
Roger M. Roberts. F. Schneider. A. Scale, H. 
W. Simkins. J. R. Slonaker. N. B. Smith. J. O. 
Snyder, ^V. E. Southwood, Mrs. Maud A. Strat- 
ton, R. E. Swain E. C. Thoits. Ray Saylor. T. 
Goshida. J. C. Thiele, M. H. Tichnor, Monroe 
Thomas. S. D. Townley, Louis Taylor, T. 
L'chizono, S. M. Vandervoort, D. S. Watson, 
R. ]. ^Vells, Ray Lyman Willnir, Geo. Wil- 
liams, E. I. Irving, Herbert Wilson, Chas. 
Weeks, W. K. Woolerv. A. E. Worthy, R. H. 
Wiley. 

Pala — Charles Turner, chairman ; J. W. An- 
derson, Edward I. Field, f. P. Lacerda, An- 
drew Patton, J. F. Pyle. 

Saratoga — Dr. I. G. Hogg, chairman ; Rev. 

B. Z. Bazata. L. C. Dick. S. P. Patterson. J. L. 
Richards. 

Sunnyvale — C. C. Spaulding. chairman : F. 
X. Boden, J. M. Brown. F. E. Cornell. Frank 
Farry. F. B. Hughes. W. A. Larman. Rev. C 
G. .\Iarshall. Rev. H. J. Roberts. W. R. Rob- 
erts. C. W. Shepard, C. W. Spalding, Leo. H. 
Vishoot, J. H. Hendy,-F. C. Wilson, J. C. 
Sutherland, J. F. Holthouse, .A.. P. Freeman. 

Valley View — J. L. Mosher. chairman ; Nel- 
son Barton, Oscar Benson, Jerry Cannon, Fred 
P. Hauck, Harry Johnson, Jack Mayne. 

Santa Clara — Dr. A. E. Osborne, chairman: 
P. A. Brangier, Alfred L. Brown, W. T. 
Brown, Jos. Boschken, Robert Fatjo, Chas. 
Grimmer, P. Hayes, Geo. Hamilton, Ralph 
Martin, J. B. O'Brien, I. A. Pomeroy. Geo. A. 
Penniman, Robert Porter, Henry R. Roth, 
Chas. D. South ,F. R. Shafter, W. S. Sullivan, 
Dr. L. Stockton, F. A. Wilcox. B. F. Weston, 
I. A. Wilcox. 

Franklin — S. W. Pfeifle, chairman; [ohn 
Barry, F. H. Buck, J. Jepson, Fred G. Wool. 

Oak Grove — O. Christofer, chairman ; C. W. 
Aby, Chas. Frost, Jr., A. C. Robertson, J. H. 
Swickard. 

, Santa Clara County sent to the front nearly 
3000 soldiers. Following are the names of our 
men who made the suiircnu' ^arrihce; 

Elias Ananstasion. Ji.-rpli I'. Andrade, Har- 
vey C. Barnes, Joseph ila-scik', Koliert J. Ben- 
nett, Barnard M. Bustard, Antonio Camastro, 
Joseph L. Cancilla, Louis \'. Castro. Hugh L. 



194 



HISTORY OF SAXTA CLARA COUNTY 



Carnev. Harrison J. Cleaver, Charles C. Crews. 
Arthur C. Chiles, Charles C. Cook, William 
Couch, \\'illiam F. Covill, Thomas J. Clunie, 
William M. de la Rochelle, Frank Devoney, 
John J. Dorsey, Robbecole Disappa. Ray F. 
Dugdale, Norman Dunbar, Elmer H. Flagg-, 
Elmer L. Fresher, James G. Ferguson, Hiram 
B. Fisher, Ben Garcia, Tonev P. Gomes, Lome 
A. Goode. W^ilmer T- Gross, Fred A. Hall, Carl 
J. Hagel, Frank J. Hagen, Jr., Walter Hart- 
man, Walter A. Hiklen, Mervyn J. Hoadley, 
Maltria Hugeback, Jarvis J. Johnson, Joseph 
F. Kelly, Arthur C. Kimber, Ralph V. Leg- 
gett, Walter Logan, Leo T- McCauley, Maurice 
F. Manha, Lester J. McKinley, David E. Mc- 
Comel, Bruno Montorosso, Frank J. Murrin. 
Salvatore IVIuro, Daniel J. Narvies, Allan H. 



Nichols, Frank H. Nichols, Frank J. Nunes, 
Alervin Neugrass. Charles H. Pappassi, An- 
tone Parades, Toe Prader, [ohn E. Pashote. 
Albert G. Perkins, Manuel" O. Perry, A. E. 
Preston, John F. Pereira, Paul J. Pinnola, An- 
gelo R. Pinto, John Pourroy, John Regan, Ern- 
est R. Rines, Leon Roberts, Joseph L. Rose, 
Manuel R. Rose. J. S. Rumsey, Seeley T. 
Shaw, Fredrick E. Sanders, Elvyn B. Sedam, 
Gilbert Spencer. Harry N. Schneider. Law- 
rence W. Schrier, Ira M. Smith, Anton Sigurd, 
Sidney W. Simpson, Thomas Short, John G. 
Sturlo, Joseph V. Spingola, Verne I. Taylor, 
John L. Timosci, Frank B. Tost. Nick J. Vac- 
carello, flannel J. \"argas, John J. Voss. Clark 
B. Waterhouse, Harold "Woolf, Albert F. 
W'oolev, Earl C. Yuuna:. 



CHAPTER XVIII. 

History of the Lick Observatory on the Summit of Mt. Hamilton — The 
Eccentricities of James Lick, the Philanthropist — What He Did for 
San Jose. 



The greatest work of man in Santa Claya 
County and San Jose's greatest asset is the 
Lick Observatory "on the summit of Mt. Ham- 
ilton, which is provided with the best and most 
complete astronomical appliances in the world. 
The distance from San Jose to the summit of 
the mountain is twenty-seven miles, but in an 
air line it is much shorter, so that if one stands 
in the streets of the city and looks at the Coast 
Range mountains he will see. a little south of 
east, the great white dome glittering in the 
sunshine and looking benignly on the valley. 
The drive to the summit is entrancing. The 
visitor motors out on Santa Clara Street and 
across Coyote Creek enters Alum Rock 
.•\venue, a continuation of Santa Clara Street, 
and the broad, fine highway to the baths, min- 
eral springs and scenic beauties of the City 
Reservation.^ A little over three miles from 
San Jose the* visitor turns to the right and be- 
gins to ascend the first ridge of mountains. 
The road is winding, but broad and safe, and 
the grade is easy. The beautiful valley, with 
San Jose in the center, spreads out before him. 

He passes over this ridge and plunges into 
Hall's Valley; crossing which, with its lovely 
homes and ranches, he begins to ascend another 
ridge. This is soon crossed and the visitor 
descends again into a little valley through 
which runs Smith Creek, a favorite trout 
stream. Here he finds a larp^e hotel and garage, 
and before him looms Mt. Hamilton, seven 
miles up the hill. The beautiful scenery of the 



Coast Range is seen as the last climb up is 
made. The road winds in and out through 
shady nooks, around bold promontories and 
up and up, often doubling upon itself, while the 
higher one climbs, the grander the majestic 
panorama of mountains and valleys that 
spreads out on every hand, and soon the great 
valley of Santa Clara, with San Jose but a 
shady spot, peeps over the two intervening 
ridges. The crookedness of the road may be 
imagined from the fact that there are .%5 turns 
between the base at Smith Creek and the ob- 
servatory on the summit. 

The Lick Observatory was the donation to 
the University of California by James Lick, 
who became immensely wealthy through min- 
ing and real- estate ventures. The prominence 
which he achieved by his princely gift to sci- 
ence caused people from all over the county to 
recall incidents of his life, and these have been 
gathered and woven into a connected narrative, 
which is herewith presented. 

James Lick was born in Fredericksburg, Pa., 
August 25, 1796. His ancestors were of Ger- 
man extraction and spelled the family name 
"Liik." His grandfather had come to America 
early in the centurj- and had served in the 
army of \\'ashington during the Revolutionary 
War. Nothing is known of the life of James 
Lick until he arrived at the age of twenty- 
seven and entered himself as an apprentice to 
an organ maker at Hanover, Pa. He worked 
here for a short time and in 1819 took a posi- 



HISTORY OF SANTA CLARA COUNTY 



195 



tion in the employ of Joseph Hiskey, a prom- 
inent piano manufacturer of Baltimore, Md. 
An incident of his experience there has lieen 
recalled. 

One day a penniless youth named Conrad 
Meyer applied at the factory for employment. 
He attracted the fancy of James Lick, who 
took the stranger in charge, provided him with 
food and proper clothing and secured for him 
a place in the estaMishment. The friendship 
thus formed lasted thmugh life. In 1854 the 
pianos of Conrad ,Mc\er tiink first prize in the 
London International H.xhil)ition, their maker 
possessing an immense factory in Philadelphia 
and ranking as one of the most eminent piano 
makers in the L'nited States. 

In 1820 James Lick left the employ of His- 
key and went to New York, expecting to start 
in Inisiness on his own account. This venture 
was restricted by his lack of capital, and, if 
attemjited at all, was brief, for in the following 
year he left the United States for Buenos 
Ayres, South America, with the intention of 
devoting himself there to his trade. He found 
the Buenos Ayreans of that pericid a singularly 
handsome and refined race uf ahiiMst i)urely 
Sjjanish extraction, and attaining l>y tlu-ir mode 
of life in that fine climate a reniarkalile ph}'s- 
ical development. By careful attention to busi- 
ness he prospered among them, accumulating a 
cc'm])etence during the first ten years of liis 
>tay. "In 1832," writes his friend. Conrad 
Meyer, in the Philadelphia Bulletin, "I was in 
business on Fifth Street, when I was suddenh- 
surprised one day at seeing James Lick walk 
in. He had just arrived from South America 
and had brought with him hides and nutria 
skins to the amount of $40,000, which he was 
then disposing of. Nutria skins are obtained 
from a species of otter found along the River 
La Plata. He said that he intended settling 
in FMiiladelphia. but in a few days left for New 
York, and from there sailed to Buenos Ayres. 
There he filled several piano orders, settled his 
aflfairs and sailed for Valparaiso, Chile, where 
for four years he pursued his vocation. His 
next venture was in Callao, Peru, where he 
lived for eleven years, occupying himself in 
manufacturing pianos and making occasional 
inxestments in commercial enterprises. That 
he was successful is shown in the statement 
made by himself that in 1845 he was worth 
$5Q,000. Resolving to try California, he sold 
his stock for $30,000. This money, which was 
in Spanish doubloons, he secured in a large 
iron safe which he brought with him to Cali- 
fornia. Among the odd articles which James 
Lick brought from Peru was the work-bench 
he had used in his trade. It was not an elab- 
orate aft'air and the object of its deportation to 
California, the land of timber, hardly appears, 
unless he had acciuired an affection for this 



companion of his daily labors. He retained 
this 1)ench through all his California experi- 
ences." 

Mr. Lick arrived in San Francisco late in 
1847. At that time there was little to indi- 
cate the future prosperity of the Pacific Coast. 
California Street was its southern boundary, 
while Sansome Street was on the water front. 
Sand dunes stretched out to the horizon on 
the sciutli and east, an occasional shanty break- 
ing tlic iiiiin.,t(iny el" the landscape. Mr. Lick 
quietly in\e>te(l niMney in these sand hills, 
paying dollars for lots that were not consid- 
ered by the inhabitants to be worth cents. He 
came to Santa Clara County at an early day 
and purchased the property north of San Jose, 
on the Guadalupe, which was afterwards 
known as the Lick's :\lills property. He also 
bought the tract of land just inside the present 
_southern city limits whicli was afterwards 
named the Lick Hnmestead. All these lands 
were then vacant and unimproved. 

During seven years after his arrival in Cali- 
fornia Air. Lick did no business other than 
the investment of his money. The first im- 
provement of his propertv was made on the 
Lick Mill Tract. An old flour mill had stood 
upon the property wdien he b< night it in 1852. 
and this fact may have influenced him in his 
decision to build his own mill nn the site of 
the old one. In 1853 he began to lay plans 
and gather material for the construction. In 
1855 the work started and to those who saw 
the structure rise, it was tlie wonder nf the 
time. The wcmkI i i niipip-ing the inlerinr finish 
was of the finest niahi ig,-in_\ . finished and inlaid 
in the most elegant and expensive style. The 
machinery imported for tlie works was of a 
quality never liefore sent out to the Pacific 
Coast. The entire cost of the mill was $200,- 
000. When jiut in operation it turned out the 
finest brand of flour in the state. 

There is a romantic legend preserved in the 
memory of the old acquaintances of James 
Lick which explains the origin of this mill. 
The tale runs that ulien Lick was a boy he 
was apprenticed to a miller, who, besides be- 
ing possessed of a competency and a flourish- 
ing business, had also an cxcicdingly pn-tty 
daughter. Strange as the a^MTtioii nia\ -ctiii 
to those who were acquainted ,.nl\ witli the 
unlovely old age of this strange character, 
James Lick was a comely young man. and 
upon him the miller's d.aiighter cast approving 
eyes. Lick met her more than half way and a 
warm attachment sprang up between the ap- 
prentice and the heiress. The old miller, how- 
ever, soon saw the drift of matters and inter- 
posed his parental authority to break the 
course of true love. Young Lick declared he 
loved the girl and wished to marry her. There- 
upon the miller liecame indignant and, point- 



196 



HISTORY OF SANTA CLARA COUNTY 



ing to his mill, exclaimed : "Out, you beggar ! 
Dare you cast your eyes upon my daughter, 
who will inherit my riches? Have you a mill 
like this? Have you a single penny in your 
purse?" To this tirade Lick replied that he 
had nothing as yet, but one day he would have 
a mill beside which this one would be a pigsty. 

Lick at once departed and after a time drifted 
to California, seeking the fortune he deter- 
mined to possess, a determination that never 
afterwards for a moment left him. Nor did 
he forget his last words to the miller. When 
he was a rich man he Iniilt this mill, and when 
he had finished there had been nothing left un- 
done which could have added to the perfection 
of its appointments. Its machinery was per- 
fect and its walls, floors and ceilings were of 
costly woods. Not being able to bring the 
miller to view the realization of his boyish 
declaration. Lick had the mill photographed 
within and without, and although his sweet- 
heart had long since been married, he sent her 
father the pictures and recalled to him the day 
he boasted of his Pennsylvania mill. 

Although the mahogany mill gratified Lick's 
pride in its construction and in the brand of 
his product, it was not a financial success. The 
periodical floods of the Guadalupe River in- 
undated the land about it, destroyed his orch- 
ards and roads and interfered with the opera- 
tion of the mill. 

In the year 1873 he surprised everybody by 
the gift of the whole property to the Thomas 
Paine Memorial Association of Boston. For 
some years he had been a close student and 
great admirer of the writings of Paine, and he 
took this means of proving the faith that was in 
him. On January 16, 1873, he made a formal 
transfer of the property to certain named trus- 
tees of the association, imposing upon them 
the trust to sell the property and donate one- 
half of the proceeds to the building of a me- 
morial hall in Boston, and so invest the other 
half that a lecture course could be maintained 
out of the income. The association sent an 
agent to California to look over the acquisi- 
tion, with power to deal with it. Without 
consulting Air. Lick, the agent sold the prop- 
erty for about $18,000, at which proceeding the 
donor was so disgusted that he lost all interest 
in the advancement i>f the theories ni the fa- 
mous infidel. 

The ne.xt scheme of im[)rovement to which 
Lick turned his attention was the erection of 
the Lick Hotel in San Francisco. He had 
bought the property for an ounce of gold dust 
soon after his arrival in California, and until 
1861 it had lain idle and unimproved. The lot 
originally extended the entire length of the 
block on Montgomery Street from Sutter to 
Post, and the hotel would have covered this 



space had not Lick sold the Post Street corner 
to the Masons. At the time of its construction 
the hotel was the finest on the Pacific Coast. 
Its interior finish was, in the main, designed 
by Lick himself, who took special pride in the 
selection of fine materials and in their combi- 
nation in artistic and eflfective forms. The 
dining room floor was a marvel of beautiful 
woodwork, made out of many thousand pieces 
and all polished like a table. 

That part of the history of James Lick which 
lies l^etween the years 1861 and 1873 is full of 
interest to those who desire to form a correct 
estimate of the man. The course of affairs 
had amply justified his early judgment of the 
future values of California real estate. His 
sand-hill lots, bought for a song in 18-18, grew 
to be golden islands of wealth in the rising 
streams of California trade. The investments 
in Santa Clara County all yielded rich returns. 
By the very bulldog tenacity with which he 
hung to his transactions, he liecame during the 
'60s one of the wealthiest men on the Pacific 
Coast. His reputation, too, was state-wide, 
made so not only by his wealth but also by the 
rumor of his eccentricities. 

It is very probable that the advancing age of 
James Lick acted upon his nature in develop- 
ing into active eccentricities the natural pecu- 
liarities of his disposition. Most of the pio- 
neers who remember him during .the first 
decade of his California career, describe him 
as a close, careful, self-contained man, cold and 
somewhat crabbed of disposition, going his 
own lonely way in business and in life. Those 
who knew him between 1861 and 1873 inten- 
sify these characteristics and declare him to 
have been miserly, irascible, selfish, solitary; 
one who cherished little affection for his race 
or kin, and whose chief delight a])peared to lie 
in the indulgence of the whims of a thorny 
and unfragrant old age. Others who knew 
him say that beneath the ice of his outward 
nature flowed the warm currents of a philan- 
thropic heart. 

The stories of Lick's eccentric career are 
numerous and amusing. Most of his time after 
the completion of his hotel was spent in and 
al)out San Jose. At first he lived upon his 
mill property, and upon it he began early to 
set out trees of various kinds, both for fruit 
and ornament. He held some curious theories 
about tree-planting and believed in the efficacy 
of a bone deposit about the roots of every 
young tree. Many are the yarns told by old 
residents about his action. It was a frequent 
sight to see him going along the highway in 
an old rattle-trap, rope-tied wagon, with a 
bearskin robe for a seat cushion, stojiping 
every now and then to gather in the ]:)ones of 
some dead animal. There is a story extant, 



HISTORY OF SANTA CLARA COUNTY 



197 



and prtibahl}- well founded, which ilhistrates 
the odd means he employed to secure hired 
help at once trustworthy and obedient. One 
day wh-ile he was planting his orchard a man' 
applied to him for work. Lick directed him 
to take the trees he indicated to a certain part 
of the grounds anirf there to plant them with 
the tops in the soil and the roots in the air. 
The man obeyed the directions to the letter 
and reported in the evening for further orders. 
Lick went out. viewed the work with apparent 
satisfaction, and then ordered the man to plant 
the trees the proper way. and thereafter to 
continue in his employ. 

Another storj-. similar to this, is handed 
down and is entirely authentic. Lick at one 
time was the owner of what is now the Knox 
block, on the northwest corner of First and 
Santa Clara streets. A fire having destroyed 
the buildings, much debris of burnt and broken 
brick was scattered aljout the lot. Cjne day 
while Lick was viewing the ruins a young 
man applied to him for w-ork and was in- 
structed to collect a certain quantity of bricks 
and pile them neatly in a corner. This he did. 
and on reporting was told to take the same 
bricks back and pile them neatly in another 
corner. Without protest the young man exe- 
cuted this singular order, and was at once reg- 
ularly employed. 

When Lick found that the floods interfered 
with the improvement of his mill property, he 
transferred his operations to the tract of land 
south of San Jose, for a long time known as 
the Lick Homestead Addition. Presently the 
residents of San Jose witnessed a strange spec- 
tacle. Day after day long trains of carts and 
wagons passed slowly through the city, carry- 
ing tall trees and full-grown shrubbery from 
the old to the new location. Winter and sum- 
mer alike the work went on, the old man su- 
perintending it all in his old rattle-trap wagon 
and bearskin robe. He imported from Aus- 
tralia some rare trees and had brought with 
them whole shiploads of their native earth. 
Once he conceived the idea of building con- 
servatories superior to any on the Coast, and 
for that purpose he had imported from England 
the materials for two large conservatories after 
the model of those in Kew Gardens. London. 
His death occurred before he could have these 
constructed and they remained on the hands 
of his trustees until a body of San Francisco 
gentlemen contributed fund's for their purchase 
and donation to the use of the public in Golden 
Gate Park, where in full construction they now 
stand, to the wonder and delight of all who 
visit this beautiful resort. 

It was in the year 1873. when James Lick 
was seventy-seven years old, that he began to 
make those donations of the then vast estate 



which he possessed. For many years preced- 
ing the bequest lie had l>een a wide reader. He 
studied everything written by and of Thomas 
Paine and made his own works conform to 
Paine's opinions. It is related that while he 
was engaged in the improvement of the Lick 
Homestead property he became involved in an 
argument with the late Adolph Pfister, whtj 
served several terms as mayor of the city, over 
some religious subject, when Pfister suggested 
that Lick put to practical proof the merits of 
Paineism as contrasted with other moral agen- 
cies, b}' the erection of a grand college on his 
property for the education of young men in 
the Paine doctrine. Lick was impressed with 
the idea and it is not improbable that it found 
form in the gift of the mill ])roi)erty to the 
Paine Association of Boston. 

On February 15, 1873, Lick executed two 
gift deeds, one to the California Academy of 
Science, the other to the Society of California 
Pioneers. To the first named he granted a 
lot of forty feet frontage on Market Street, 
near Fourth. San Francisco, and to the last 
named a lot of like dimensions on Fourth 
Street near Market. These gifts he clogged 
with certain conditions which were deemed 
irksome by the trustees. The matter was at 
issue when Lick died, but after his death a 
compromise satisfactory to the donees was 
eiifected. 

The trust deed li\- which Lick gave all his 
remaining property to charitable and educa- 
tional objects was dated June 2, 1874. Among 
the provisions of this instrument was one giv- 
ing to San Jose $25,000 for the purpose of es- 
tablishing an orphan asylum, and another ap- 
propriating $700,000 for establishing an ob- 
servatory on land belonging to Lick, near Lake 
Tahoe. An investigation of the appropriate- 
ness of the site was at once set on foot. It 
was soon ascertained that the severity of the 
climate in winter about the chosen location 
would seriously interfere with the effective op- 
erations of the telescopes and with the com- 
fort of the visiting public. Lick then deter- 
mined to make a change of site and looked 
favorably toward Mt. St. Helena, in Napa 
County. He visited St. Helena and ascended 
part way to its summit, but before he had pur- 
sued his investigations far enough to reach a 
conclusion his mind was directed to Santa 
Clara Count}-. 

.\lthough out of the large amount of prop- 
erty distributed by Lick. San Jose received but 
$25,000, the people of the city were very grate- 
ful and acknowledged their gratitude in a well- 
worded series of resolutions prepared b_y Judge 
Belden and adopted by the mayor and common 
council. The resolutions were beautiful!}' en- 
graved and officially transmitted to Mr. Lick 



198 



HIST(3RY OF SANTA CLARA COUNTY 



in San Francisco. Other recipients of the mil- 
Honaire's benefactions had either responded 
coldly or had made no response at all. There- 
fore the action of San Jose greatly pleased 
Lick and caused him to think that he had not 
done as much as he should for the county that 
had long- been his home. The resolutions 
reached him at a time when he was in doubt 
as to the location of the observatory, and he 
consulted his confidential agent, Thomas E. 
Fraser, as to the availability of the mountain 
summits east and west of San Jose. Fraser 
referred Lick to Mt. Hamilton and was in- 
structed to ascend the mountain's top and 
make thorough investigations. In lAugust, 
1875, Fraser, accompanied by Mayor B. D. 
Murphy, went to the summit, found it free 
from fog, equable of climate and generally 
suitable for the observatory's location. Mr. 
Lick then addressed a communication to the 
board of supervisors offering to locate the ob- 
servatory on Mt. Hamilton if the county would 
construct a road to the summit. The facts con- 
cerning the building of the road will be found 
in the chapter on County C.overnnient and 
Good Roads. 

In the meantime, Lick had found tliat his 
deed of trust did not express his intentions: 
that a strict construction of its terms would 
postpone the carrying into effect of hi.s bene- 
factions until after his death. He wanted the 
work to be pushed forward during his life- 
time. After duly considering these matters, he 
addressed a communication to his trustees, set- 
ting forth his conclusions and intentions, re- 
voking- the deed and asking them to resign. 
The trustees consulted a lawyer and upon his 
advice declined to resign, for the alleged rea- 
son that they had already converted about a 
million dollars of the real estate into money 
and could not be relieved from responsibility 
by the dictum of IMr. Lick. This brought 
about a controversj- with the trustees which 
at first threatened disaster to the beneficiaries. 
John B. Felton was Lick's attorney, and in- 
stead of precipitating his client into a lawsuit 
he used tiie columns of the newspapers so vig- 
orously that the trustees became disgusted and 
made up an agreed case by which the courts 
relieved them of responsibility and annulled tlie 
deed. 

On September 21, 1X7.=^, a new and final deed 
was executed, with ivichard S. l''loyd, liernard 
D. Murphy, Foxan D. Atherton, John H. Lick 
and John Nightingale as trustees. The clause 
in the deed in reference to the observatory is 
as follows : 

"Third — To ex])end the sum of seven hun- 
dred thousand dollars ($700,000) for the pur- 
l)osc of purchasing land and constructing and 
putting upon such land as shall lie designated 



l)y the party of the first part, a powerful tele- 
scope, superior to and more powerful than any 
telescope yet made, with all the machinery ap- 
■pertaining thereto and a|)pn)priately connected 
therewith, or that i> necessary and convenient 
to the most pow eriul telescope now in use, or 
suited to one more powerfuil than any yet con- 
structed ; and also a suitable observatory con- 
nected therewith. The parties of the second 
part hereto, and their successors shall, as soon 
as said telescope and observatory are con- 
structed, convey the land whereupon the same 
may be situated, and the telescope and ob- 
servatory and all the machinery and apparatus 
connected therewith to the corporation known 
as 'The Regents of the University of Cali- 
fornia" ; and if, after the construction of said 
telescope and observatory, there shall remain 
of said seven hundred thousand dollars in gold 
coin any surplus, the said parties of the sec- 
ond part shall turn over such surplus to said 
corporation, to be invested by it in bonds of 
the United States, or of the city and county 
of San Francisco, or other good and safe in- 
terest-bearing bonds, and the income thereof 
shall be devoted to the maintenance of said 
telescope and the observatory connected 
therewith, and shall be made useful in promot- 
ing science ; and the said telescope and ob- 
servatory are to be known as 'The Lick Astro- 
nomical Department of the L'niversity of Cal- 
ifornia.' " 

In iTiaking the new deed Lick selected Mt. 
Hamilton as the site for the observatory, and 
the trustees, acting with the Regents of the 
State University, secured an Act of Congress 
setting apart the public land at the summit for 
this purpose. This tract contains 500 acres 
and is so situated as to .prevent settlement in 
the immediate vicinity of the observatory, or 
the inauguration of any enterprise in that 
neighborhood that would be inimical to the in- 
terests of the institution. 

John B. Felton charged $100,000 for his legal 
services in annulling the first deed, and pre- 
sented the bill to the new trustees. Tliey re- 
fused to allow the claim until Lick would sign 
a written authorization. Felton and Trustee 
Murphy called on Lick and asked him to sign. 
"Mr. Felton," said the old philanthropist, 
"when we made a contract on which that claim 
is based, we supposed that to cancel my first 
trust deed would be an arduous matter, in- 
volving much expense, a long delay and years 
of the most elaborate and expensive litigation. 
The whole entanglement, however, was ad- 
justed in a few months without any difticulty, 
with little outlay and with only a formal liti- 
gation. I think, under the changed circum- 
stances, vou ought to diminish tlie amount of 
vour fee.'" 



HISTORY OF SANTA CLARA COUNTY 



199 



"Your proposition, Mr. Lick," replied Felton, 
"reminds me of a story I once heard about a 
countryman who had a bad toothache and 
went to a rustic dentist to have the offender 
extracted. The dentist produced a rusty set 
of instruments, seated the patient in a rickety 
chair and went at work. After some hours of 
hard labor for himself, and the most extreme 
agony to the countryman, the tooth was ex- 
tracted and the dentist charged a dollar for 
his work. A few months later the countryman 
had another attack of toothache and this time 
thought best to procure a metropolitan dentist. 
He went to the city. luund the best dentist in 
it and offered his swollen jaw for operation. 
The expert dentist passed his hand soothingly 
over the man"s face, located the tooth with 
painless delicac}', produced a splendid set of 
instruments, and before the countryman knew 
it, had the tooth out. His charge was five dol- 
lars. 'Five dollars!" exclaimed the country- 
man. 'When Jones, down at the village; pulled 
my last tooth it took three hours, during which 
time he broke his chair, broke my jaw, broke 
his tools and mopped the whole floor with me 
several times, and he charged me only a dollar. 
You ought to diminish your bill.' " Lick saw 
the point, signed the authorization and Felton 
got his money. 

In 1876 Lick had troul3le with his trustees. 
One of the duties Lick wished first performed 
was the erection of his family numument in 
Fredericksburg, Pa. During the arrangement 
for this work the causes for the retirement of 
tlie second board of trustees arose. One of the 
members of the board was John H. Lick. Al- 
though James Lick had never been married, 
John H. was his son. He was born in Penn- 
sylvania in 1818, about the time James Lick 
made a hurried departure to New York, thence 
to South America. Some years after Lick 
came to Califurnia he sent for his son, then 
grown to manhood, and kept him for several 
years at work in the mahogany mill. Here 
John H. remained until August, 1871, when he 
returned to his I'ennsylvania home. \\'hen 
James Lick made his first deed of trust he di- 
rected the payment to his son of S.\000. With 
this pittance John H. was naturally dissatisfied, 
and therefore in the secoii'l dred lie ,\a^ ^i\en 
the sum of $150,000 and made uue i.t the trus- 
tees. To him, as trustee, was delegated the 
power to contract for the Fredericksburg mon- 
ument, but for some reason he failed or refused 
to sign the contract. When this fact was made 
known to James Lick he became very much 
incensed against his son, and in the weakness 
of old age he included the wdiole board in his 
ill-humor and suddenly demanded the resigna- 
tion of the whole body. The trustees were 
acquiescent and a new board was appointed. 



Captain Floyd, having l^een in Europe during 
this last trouble, was not included in the old 
man's wrath, and therefore was made a mem- 
ber of the new ])oard. 

James Lick died Octol)er 1. 1876, before the 
new board had fully organized. He was eighty 
years of age. His body lay in state in Pioneer 
Hall, San Francisco, and was followed by an 
immense concourse to Lone Mountain Ceme- 
tery, there to rest until a more fitting burial 
])lace might be ready for its reception. Some 
months before his death, in a conversation with 
the late B. D. Murphy of San Jose, Lick ex- 
pressed the desire to be buried on Mt. Hamil- 
ton, either within or at one side of the pro- 
posed ol)ser\atory, after the manner of Sir 
Christ.. pjier Wren, the architect of St. Paul's 
Cathedral, w hu was buried in the crypt in 1723. 

Immediately after the death of his father, 
John H. Lick returned from the East and se- 
cured letters of administration upon the estate. 
This was understood to be the beginning of 
an attempt to annul the trust deed. After 
testing several points in the courts, the trus- 
tees finally effected a compromise by which 
they were 'to pay John H. Lick $535,000 in full 
of all claims against the estate. The Society 
of Pioneers and the Academy of Science had 
been made residuary legatees by the deed and 
their trustees insisted that this payment to 
John H. Lick should be made pro rata from 
each of the bequests. After nearly a year of lit- 
igation the courts decided that the special l:)e- 
quests could not be disturbed and that the com- 
promise money must come from the shares of 
the residuary legatees. 

As soon as possible after the ccimpletion of 
the road to the summit, Avork on the Iniildings 
was comiuenced. Early in 1887 the work had 
progressed sufficiently to permit the request 
of James Lick in regard to a burial ])lace to be 
complied with, and on the ninth of January' 
the body was brought to San Jose, whence, 
followed by a procession of officials and citi- 
zens, it was conveyed to the mountain. A 
tomb had been prepared in the foundation of 
the pier which was td supjiort tiie great tele- 
scope, and in this, with imposing ceremonies, 
the coffiii was deposited. The following docu- 
ment, signed by the trustees and representa- 
tives of the State University. Academy of Sci- 
ence, and Pioneers, and the Mayor of San Jose, 
was sealed up with the casket; 

"This is the body nf James Lick, wdio was 
Ijorn in Fredericksl)urt;. Pennsylvania, August 
25, 1796, and who died in San l-'rancisco, Cali- 
fornia, October 1, 1876. 

"It has been identified by us, and in our 
presence has been sealed up and deposited in 
this foundation pier of the great equatorial 
telescope, this ninth of January, 1887. 



200 



HISTORY OF SANTA CLARA COUNTY 



"In the year 1875 he executed a deed of trust 
of his entire estate, by which he provided for 
the comfort and culture of the citizens of Cali- 
fornia : for the advancement of handcraft and 
redecraft among the youth of San Francisco 
and of the state ; for the development of scien- 
tific research and the diffusion of knowledge 
among men, and for founding in the State of 
California an astronomical observatorj-, to sur- 
pass all others existing in the world at this 
epoch. 

"This oliservatory has been erected l)y the 
trustees of his estate and has lieen named The 
Lick.^stronomical De])artment of the Univer- 
sity of California in memory of the founder. 
The refracting telescope is the largest which 
has ever been constructed, and the astronomers 
who have tested it declare that its perform- 
ance surpasses that of all other telescopes. 

"The two disks of glass for the objective 
were cast by IM. Feil, of France, and were 
brought to a true figure by Alvan Clark & 
Sons, of Massachusetts. Their diameter is 
thirty-six inches and their focal length is fifty- 
six feet, two inches. Upon the completion of 
this structure the Regents of the University of 
California became the trustees of this .Astro- 
nomical Observatory." 

The members of the third board of trustees 
were Richard S. Floyd, president : William 
Sherman, vice-president; E. B. Rlastick, treas- 
urer ; Charles M. Plum, George Schoenwald. 

The contract for the great lens was made 
with Alvan Clark & Sons, of Cambridge, Mass. 
In 1882 the flint glass was cast by M. Feil & 
Sons, of Paris, but it was not until 1885 that a 
perfect crown glass could ])e ol)tained. The 
Clarks succeeded in obtaining a true figure in 
1886, and on the 27th of December of that year 
the great glass reached Mt. Hamilton. The 
mounting of the instrument and other details 
of construction occupied eighteen months more 
time, and in June, 1888, the whole work was 
comjjleted. The transfer of the observatory 
from the trustees to the regents of the univer- 
sity took place on June 1. 1888, being fourteen 
years from the date of James Lick's first deed. 
The total expense of construction was $610,000. 
A l)alance of $Q0.000 remained as' the nucleus 
of an endowment fund. Profs. Simon New- 
comb and Edward S. Holden were the scientific 
advisers of the three lioards. In 1885 Professor 
Holden was appointed president of the Univer- 
sity of California and director of the Lick Ob- 
servatory on the understanding that he would 
fill the former office until tlie completion of 
the observatory and thereafter the latter office. 

The ol)servatory consists of a main building 
containing offices, comnutins: rooms, library 
(of 8,000 books and 5,000 pamphlets), and the 
domes of the thirty-six-inch equatorial and tlie 



twelve-inch eejuatorial telescopes ; of detached 
l)uildings to shelter the Crossley reflector, the 
meridian circle, and other instruments, and to 
provide safe deposit rooms and photographic 
dark rooms ; of instrument shops : of dwelling 
houses ; and of other buildings, reservoirs, 
pumping stations, etc. 

The principal equipment provided by the 
Lick trustees consisted of: .A 36-inch equa- 
torial refractor, objective by Alvan Clark & 
Sons, mounting Iiy ^Varner & Swasey. This 
instrument has also a photographic correcting 
lens of thirty-three inches aperture, figured l)y 
Alvan G. Clark. By placing the latter lens in 
front of the 36-inch objective, the telescope be- 
comes a photographic instrument. .A 12-inch 
equatorial refractor, objective and mounting by 
.Alvan Clark & Sons. .A 6j^-inch meridian cir- 
cle instrument, objective by .Alvan Clark & 
Sons, mounting by Repsold. Many smaller 
telescopes and other pieces of auxiliary appa- 
ratus. 

Other important instruments were presented 
to the Lick Observatory in later years, as fol- 
lows : A 36j4-inch reflecting telescope, pre- 
sented to the Lick Observatory in 1895 by Ed- 
ward Crossley, Esq., of Halifax, England. The 
mirror was constructed by Sir Howard Grubb, 
and the mounting by Dr. A. A. Common. The 
cost of a building to receive this instrument 
and the expense of transporting the instrument 
and iron dome from England were met by sub- 
scriptions from prominent citizens of Califor- 
nia. A 6y2-mch comet-seeker, objective 1)y 
John A. Brashear, the gift of Miss Catharine 
Bruce. .A 6-inch photographic telescope, with 
objective by ^^'illard and mounting by John A. 
Brashear, all the gift of Regent Charles F. 
Crocker. .A 5-incli telescope, with interchange- 
able photographic and visual objective, by -Al- 
van Clark & Sons, the gift of Miss Flovd, 
daughter of Captain Floyd. The Mills three- 
prism spectrograph, the gift of D. O. Mills. 
Delicate seismographs, tlie gift of \Villiam 
Randolph Hearst. 

In order that the program of determining 
the radial velocities of the brighter stars might 
be extended over the entire sky, D. O. Mills 
provided funds in the year 1900 for a well- 
equipped expedition to the southern hemi- 
sphere. The equipment included a 37^-inch 
Cassegrain reflecting telescope, with modern 
dome ; a three-prism spectrograph ; a two-prism 
spectrograpli ; a one-prism spectrograph : an 
instrument shop, and other accessories. The 
D. O. .Mills Observatory, administered by the 
Director of the Lick Observatory, is located 
on the summit of Cerro San Cristobal, at an 
altitude of about 2900 feet above sea-level, in 
the northeasterly suburbs of Santiago. Chile. 
This ininortant ol)ser\atorv was supported bv 



HISTORY OF SANTA CLARA COUNTY 



201 



Mills until his death in 1910, and the support 
has been continued by his son, Ogden Mills. 
Many auxiliary instruments, such as spectro- 
graphs, seismographs, clocks, chronographs, 
photometers, etc.. have lieen purchased from 
time to time. 

The magnifying power of the great telescoiie 
may be changed from about 270 to 3,000 by 
changing the eye-pieces, in very much the same 
way that the magnifying power of a microscoj^e 
may be changed. The power employed de- 
pends upon the object under observation and 
upon the state of the atmosphere. 

The height of the marble floor of the main 
building above mean sea-level is 4209 feet. (Jn 
a closely connected peak half a mile to the east 
of the observatory, and fifty feet higher, are 
the reservoirs from which water for household 
and photographic purposes is distributed. 
Springs on the north and south slopes of the 
mountain, about a mile east of the Observatory 
and about 350 feet and 630 feet, respective!)-. 
l)elow it. supply excellent water. Another peak 
seven-eighths of a mile to the east is the sum- 
mit of Mount Hamilton: it is 180 feet higher 
than the Observatory, and supports the reser- 
voirs supplying power for raising the movable 
floor in the dome of the great telescope. This 
system receives its supply from the winter rains 
falling on the roofs, the water being pumped to 
the reservoirs on tlie higher peak. Tlie mov- 
able floor in the dome was the first of the kind 
to be constructed. It is 60 feet in diameter, 
and can be raised or lowered through a dis- 
tance of 16^ feet, its purpose being to bring 
the observer within convenient reach of the 
eye end of the telescope. 

The Observatory is open to daytime visitors 
every day of the year, but visitors are expect- 
ed to leave the premises at or before sunset. 
The Observatory is open every Saturday even- 
ing to visitors who arrive before 9 p. m.. op- 
portunity lieing aflforded on clear nights to 
look through the 36-inch refractor and the 12- 
inch refractor usually. 

\'isitors who come in the daytime are usual- 
ly conducted through the building and have 
the uses of the instruments explained to them. 
On Saturday evenings the scientific staff is 
on pni-iHr (hity. The annual number of visit- 
ors til tlic < )liservatory exceeds five thousand. 
A\"hik- tlu- < >l)servatory has no financial inter- 
est in the coming of visitors, yet no pains are 
spared to make the time spent here interest- 
ing and profitable to them. There are no ho- 
tel accommodations at the summit. 

The average population of Mount Hamil- 
ton during the past five years has l)een fifty. 
There is a public school on the mountain ; the 
schoolhouse is the property of the ( )bserva- 



tory : the teacher is supplied l\v Santa Clara 
County. 

The directors of the Lick Oljservatorv have 
been: Edward Singleton Holden. June L 1888. 
to December 31. 1897: [ames Edward Keeler, 
Tune 1, 1898 to August 12, 1900: Williatn Wal- 
lace Campbell, January 1, 1901 to . Other 

astronomers on the staff have been : S. W. 
Burnham. 1888-1892: T- M. Schaelierle, 1888- 
1898: J. E. Keeler. 1888-1891: E. E. Barnard. 
1888-1895: W. W. Campbell, 1891- : Henry 
Crew, 1891-1892: R. H. Tucker. 189.3- : C. D. 
Perrine. 1893-1909: R. G. Aitken. 1895- : W. J. 
Hussev. 1896-1905: W. H. Wright. 1897- ; H. 
D. Curtis. 1902- The list of assistant astron- 
omers includes the names of A. L. Colton, J. 
H. Moore. Sebastian Albrecht. R. E. Wilson, 
R. F. Sanford. 

Members of the staff have been detailed 
to take charge of the D. O. Mills Observatory 
in Chile, as follows : A¥. H. Wright. 1903-1906: 
H D. Curtis. 1906-1909: J. H. Moore. 1909- 
1913: R. E. Wilson, 1913-. 

The scientific staff has a\eraged: at Mount 
Hamilton, five astronomers, one assistant as- 
tronomer and two assistants : and in Chile, 
on the D. O. Mills foundation, one astron- 
omer and two assistants. 

The Regents maintain three salaried Uni- 
versity fellowships in the Lick Observator)-. 
which are open to well-prepared graduate 
students who have decided to make astron- 
omy or some of the closely related sciences 
the basis of professional careers. 

The Martin Kellogg Fellowship in the Lick 
Observatory, endowed by Mrs. Louise W. B. 
Kellogg, widow of President Martin Kellogg, 
provides opportunity to one holder each year 
for advanced study and research under liberal 
conditions. 

The efficiency of the Lick Observatory has 
been greatly increased by generous gifts of 
funds for special purposes from Regent Phoebe 
A. Hearst. Regent Charles F. Crocker. Regent 
William H. Crocker. D. O. Mills, Ogden Mills. 
and others : and by grants of funds from the 
Carnegie Institution of Washington, the Na- 
tional Academy of Sciences, and the American 
Academy of Arts and Sciences. 

The investigational work of the Observa- 
tory has been exceedingly fruitful. The great 
telescope has surpassed the expectations of 
those who planned it: and its energetic use 
throughout the whole of every good night in 
the quarter century of its existence has en- 
riched astronomical science in unexpected 
ways. 

The leading discoveries that have been made 
embrace the following : Four satellites of Jupi- 
ter : twentv-nine comets : about 4400 double 
star systems: 250 spectroscopic binary stars; 



202 



HISTORY OF SANTA CLARA COUNTY 



a companion sim to the first magnitude star, 
Procyon; spectrographic observations showing 
that the sun with its system of planets is 
traveHng through space, with reference to the 
general stellar system, at a speed of about 
twelve miles an hour ; that the velocity of the 
stars increase with their effective ages ; that 
the planetary nebulae are traveling through 
space with average speeds even higher than 
the average speeds of the stars ; the North 
Pole Star found to be a triple star in 1899; 
an extensive series of photographs of the 
minor planet, Eros, and surrounding stars, with 
the Crossley Reflector, led to a new and accu- 
rate determination of the distance from the 
earth to the sun. 

The following total solar eclipses have been 
successfully observed by expeditions whose ex- 
penses were defrayed by the friends whose 
names are recorded : 1889, January, in north- 
ern California, by the University of Califor- 
nia. 1889, December, in French Guiana, by 
Regent Charles F. Crocker. 1893, in Chile, by 
Regent Phoebe A. Hearst. 1898, in India, by 
Regent Charles F. Crocker. 1900, in Georgia, 
by William H. Crocker. 1901, in Sumatra, by 
William H. Crocker. 1905, in Spain and Egv])t, 
by William H. Crocker. 1908. in Flint Island, 
South Pacific Ocean, Iiy Regent William H. 
Crocker. 



In the early days of Santa Clara County 
Mt. Hamilton was called La Sierra de Santa 
Ysabel. The name Ysabel applies now to 
the creek that rises to the east of Mt. Hamil- 
ton and that passes along its northern and 
western base and then makes its way north- 
ward to the Bay of San Francisco. At the 
confluence with Smith Creek, Ysabel Creek 
changes its name to Arroyo Honda and still 
further north Arroyo Honda becomes Calaver- 
as Creek. The valley through w-hich Ysabel 
Creek flows, lying east of Mt. Hamilton, is 
called Ysabel Valley. The mountain was 
known as Santa Ysabel down to 1861 or 1862 
when Rev. Leander Hamilton, an able and elo- 
quent Presbyterian preacher, climbed the 
mountain as a member of a camping party. 
The striking beauty of the scenery inspired 
his ready pen and he wrote a number of articles 
describing the mountain and its surroundings 
which after publication were extensively quot- 
ed. The camping party, of which he had been 
a member, out of compliment to him renamed 
the mountain Mt. Hamilton and it soon be- 
came the popular name. Later, the United 
States Government surveyors put down the 
official name as Mt. Hamilton and at once 
the name Ysabel became but a memory. 



CHAPTER XIX. 

The Story of Alum Rock, San Jose's Beautiful Reservation of One Thousand 
Acres — Judge Richards' Description of Its Beauties and Attractions — 
The Claim of J. O. Stratton. 



The following beautiful description of one 
of San Jose's greatest assets is from the pen 
of that artist in words. Judge John E. Rich- 
ards. It was written several years ago for 
the board of park commissioners, a civic body 
that went out of existence when the new 
charter of 1916 went into effect. 

" The major portion of what is now Alum 
Rock Park was originally a part of the public 
lands to which San Jose became entitled by 
virtue of its pueblo origin under the old 
Spanish regime. By an ordinance of King Phil- 
ip II of Spain, each pueblo, upon its estab- 
lishment, was entitled to four leagues of land. 
This law was in effect when the pueblo of 
San Jose de Guadalupe was founded in 1777. 
Its terms were not, however, 'taken advantage 
of until the i)ueblo had passed from the old 
dominion into American control. It then laid 
claim to its ])ueblo rights and these were ac- 



corded to it under an Act of Congress pro- 
viding for the settlement of land claims in 
California, passed in 1851. The allotment and 
survey of these pueblo lands under the act 
extended the eastern line thereof to the sum- 
mit of the first range of mountains which 
form the eastern boundary of the Santa Clara 
X'alley, and thus included the tract of land 
which now comprises Alum Rock Park. 

"That the canyon which embraces the Park 
contained valuable mineral and medicinal 
springs and that nature had there been lav- 
ish in her display of picturesque landscapes, 
in enchanting vistas of a mountain landscape 
and in the \ariety, beauty and luxuriance of 
tree and ])lant life, was early known to pio- 
neer settlers in the Santa Clara Valley. The 
desire and attempt of private persons to ac- 
(|nire this favored spot awakened a dcter- 
niincd elLirt in the direction (if its appropria- 



HISTORY OF SANTA CLARA COUNTY 



203 



tion for public .uses, which led to its official 
survey in 1866, and to the definite reserva- 
tion of about 400 acres therein as a public 
park, by an Act of the California Legisla- 
ture passed in 1872. By another Legislative 
act of the same year a board of commis- 
sioners was created for the control of the 
park, and for the construction of a highway 
into it from the City of San Jose. The beau- 
tiful highway which now bears the name of 
Alum R'ock Avenue was laid out and con- 
structed by this first board of park commis- 
sioners, which was composed of Gen. Henry 
AI. Naglee, Edward McLaughlin and Dr. A. 
J. Spencer ; and to these and other of our 
public-spirited citizens who thus early persist- 
ed in making the park available for the use 
and enjoyment of the people, a lasting debt 
of public gratitude is due. 

"The original survey of the park gives its 
area as about -K)0 acres. To this was added 
in 1872 a donation of several acres, including 
"Buena Vista,' a point of grand outlook, lying 
just south of the park proper, by Gen. Giles 
.A. Smith, Cyrus Jones and Lewis A. Hicks, 
three liberal-minded citizens, who then owned 
a large tract of adjoining lands. About fifty- 
five acres more have been added by subse- 
quent purchases in order to control the streams 
and springs which constitute its water sup- 
ply. The present area of the ])ark is about 
460 acres and the distance from San Jose 
to its center is seven miles. Two excellent 
high\\ays and also an electric railway, with 
cars lea\ing the ])ark and San Jose everj- half 
hour, ccmnect the city with the park.' The 
rails are now on the ground for the construc- 
tion of a thoroughly up-to-date broad gauge, 
rapid service railroad into the park by way of 
Mercyessa. 

"Alum Rock Park derives its name from the 
striking monolith which' stands about the cen- 
ter of the park at a point where Alum Rock 
A^•enue reaches the creek in its descent into 
the canyon. Rugged and scarred by its vol- 
canic origin and chemical constituents, it rises 
a sheer 200 feet alxive the stream. Double 
sulphates of aluminum and sodium enter 
largeh' into its compt)sition and furnish the 
residuum of alum dust found along its sides 
and in its crc\ices and from the presence of 
which it derives its name. Around the base 
and sides of the rock issue several mineral 
s]:irings strongly impregnated with salt and 
other chemical properties. One nf tliesc ])ours 
its clear, cold waters into a stime ba^in just 
east of the rock. It is labeled 'Salt Condi- 
ment' and is said by physicians to possess 
excellent tonic and curative properties |for 
those dyspeptically inclined. The original In- 
dian name of the creek and canon was 'Shes- 
tuc' Later the Spanish settlers named the 



stream 'Aguaje.' which means a 'watering 
place for cattle." A portion of the creek, out 
in the valley and between San Jose and Mil- 
pitas became known in Mission days as 'Pene- 
tencia Creek' from the fact that the pious pad- 
res of Santa Clara Mission and the Mission 
of San Jose were wont to make penitential 
l^ilgrimages at stated seasons, to a grove of 
oaks which bordered the stream at that point 
and the name 'Penetencia' came thus to be er- 
roneously applied by the early American oc- 
cupants to the entire stream. The lands oc- 
cupied by the park were also formerly known 
as 'The City Reservation,' but the appella- 
tion, 'Alum Rock,' has supplanted these early 
names and become the fixed and official desig- 
nation of the park, creek and canon. 

"Nature has arranged the topography of the 
[lark in three ilivisions, each possessing its 
own scenic attractions and each adapted to a 
particular use. The first of these embraces 
that ])ortion of its area lying below Alum 
Rock and extending to the mouth of the can- 
yon. This, by virtue of its level spaces and 
the picturescjue meandering of its rivulet 
forms the ample and natural camping grounds 
of the park. Here gather annually an increas- 
ing number of lovers of outdoor life to pitch 
their tents beneath the shady oaks and syca- 
mores along the winding stream ; to enjoy the 
perfect climate of the park and to drink and 
iiatlie in its healthful and refreshing waters. 
'J'lie three cliief natural features of this por- 
tion (it tlie park are Eagle Rock, the Meteor 
and Inspiration Point. Eagle Rock is tliat bold 
and loft_\ escarpment which rises abruptly- 
many hundred feet above the le\el floor of 
the park and forms a portion of its northern 
boundary. For many years successive fami- 
lies of eagles made their home among its 
crags and could be seen daily sweeping their 
majestic circles above Eagle Rock. From this 
lofty outlook thirty cities, towns and villages 
eneireling tlu' i'r.iy of S.'in Franeiseo ami dot- 
ting the Santa C'lara \"alle_\' may. upon ;iny 
clear day, be <liseerned. Another natural 
curiosity of this ])ark is the meteor. This 
immense black lioulder of manganese stands 
half buried in the hillside a short way above 
the entrance to the park. Tradition will have 
it that this is a real aerolite which fell to 
earth within remembered time, but science in- 
sists that tradition is wrong in this regard 
and the oldest inhabitant declares that the 
meteor has been there from his earliest recol- 
lection. Which ever is right there can be no 
doubt that the meteor is a most interesting 
natural curiosity, which ever\- visitor to the 
park should see. 

"Overlooking this portion of the park also 
rises the wooded height which- aptly bears 
the name of "Inspiration Point.' From the 



204 



HISTORY OF SANTA CLARA COUNTY 



kiosk upon its summit the whole central por- 
tion of the park is visible and the view of 
its varied beauty and of the bay and the val- 
ley beyond, is indeed grand and inspiring. A 
byway which winds in and out among the 
oaks of the southern hillside leads to this ele- 
vation and the lover of nature who follows it 
to the summit will be fully repaid. 

"The next and most important section of 
the park is that lying above Alum Rock 
and up to and including the baths and de- 
veloped springs. The chief improvements of 
the park in the way of buildings, lawns, lake, 
driveways, deer paddocks, restaurant, gardens, 
bath houses and other facilities for the con- 
servation and use of the mineral waters, are 
within this area, the cultivated portion of which 
contains about twenty-five acres. Here are 
the aviaries, where all sorts of birds, from the 
stateh- peacock to the pretty California canary, 
furnish endless enjoyment to children. Here 
also are the deer paddocks, where several spe- 
cies of these sh}^ and graceful creatures may 
be seen. Across the way a big, ample and 
comfortable den in the mountain side is the 
home of a great, good-natured brown bear, 
while from the nooks of an enclosed sycamore 
some large gray squirrels and a family of chip- 
munks peer and chatter at whoever will offer 
them nuts to crack or hide for their winter 
store. A vine-embowered restaurant, with its 
wide and shaded porches invites to refresh- 
ment : and yonder the children's playground 
with all its accessories, and the dancing pa- 
vilion, resound through all the summer, with 
merry laughter and the rhythm of dancing feet. 
There are no 'keep off the grass' signs upon 
the lawns of Alum Rock Park and the one 
request which the commissioners make of the 
public is that they will pluck no flowers. 

"The baths and offices are grouped near 
the mineral springs ; and while not yet as elab- 
orate in architectural or permanent in form 
as might be desired, the tub and plunge baths 
are capable of ministering to the comfort of 
a considerable number of visitors daily. The 
time will come, and that probably soon, when 
the ])eople of San Jose will awaken to the 
real value of the park and especially of its 
mineral springs as features of public attrac- 
tion worthy of world-wide fame, and will ex- 
pend sufficient money in their improvement 
and development to ])ut them on a par with 
other resorts of far less varied excellence to 
which many thousands of the world's seek- 
ers after health, rest and pleasure annually 
find their way. 

"While the .scenic attractions of .\luni Rock 
Park are surpassing, its chief element of use 
and value consists in its mineral springs. No 
other place in California, or liardly elsewhere. 



possesses within a like area, -such a variety 
of pleasing and healthful chemical waters. In 
the immediate vicinity of the park center and 
within a few hundred feet of the depot there 
are eighteen developed mineral springs be- 
sides a large number of other springs not 
yet developed and analyzed. An analysis of 
several springs, made some years ago by Wil- 
liam Ireland, state mineralogist, shows the pre- 
vailing presence of soda, white sulphj.ir, black 
sulphur and iron in the composition of their 
waters. He says : 'Sulphates are practical- 
ly' absent from these springs, which are high- 
ly charged with sulphuretted hydrogen. The 
alisence of any notal)le quantities of carbonate 
of lime and comparative abundance of sul- 
]5huretted hydrogen give more than ordinary 
value to these waters from a medical stand- 
point.' Both hot and cold springs are to be 
found issuing in close proximity to each oth- 
er. The soda springs are especially agree- 
able to the palate, while the sulphur springs 
are capable of furnishing an abundance of 
water for the tub and plunge baths. The park 
commission is proceeding as rapidly as possible 
with the development of these springs and 
their inclosure in artistic and substantial drink- 
ing founts composed of native sandstone, of 
Avhich the park has an inexhaustible supply. 

"Travelers from all parts of the world, who 
have visited the park, agree in the statement 
that the most famous and popular resorts 
of Europe have not the equal of these min- 
eral springs in number and in variety and 
pleasing and health-giving properties of their 
waters; all that is needed is their develop- 
ment to give them and the beautiful park, 
which contains them, world-wide fame and 
patronage. 

"Just above the springs the visitor enters 
the picnickers' paradise. A Japanese tea gar- 
den stands invitingly at its entrance, and be- 
yond the canyon widens sufficiently to pro- 
vide a secluded little vale covered with spread- 
ing oaks, alders, maples and sycamores 
through which the creek makes its rippling 
way, and among which may l)e seen on every 
pleasant day, parties of picnickers enjoying 
their luncheon or reclining in shad)' nooks 
along the whispering stream. Beyond the pic- 
nic grounds a winding path follows the creek 
to its forks, about a quarter of a mile above 
the springs ; and thence up either branch of 
the divided rivulet one may wander along 
shady and romantic trails to "The Falls'. 

"These beautiful cascades may be found a 
little way up either fork of the creek and will 
amply repay the effort to reach them. Tuml)- 
ling down over moss-covered rocks into dee]), 
fern-embdwered jmols. they jiresent artistic 
visions of nature in her most entrancing 



HISTORY OF SANTA CLARA COUNTY 



205 



moods. The park extends some distance be- 
yond The Falls, but only the persistent climb- 
er or the occasional disciple of Walton will 
N'entiire to follow the stream beyond The Falls 
and up into the wilder fastnesses of the canyon 
to their source. 

"Aside from the aviaries and animal enclos- 
ures and from the area of cultivated gardens 
and grounds. Alum Rock Park is the abiding 
place of a considerable variety of wild birds 
and animals and displays a great luxuriance 
of native trees, plants and flowers. The dainty 
California canary, the cheer}- linnet, the shy 
wood-thrush and the bustling little wren in- 
habit every bower, while the quail's piping 
note or rapid whirr, and the yellowhammer's 
loud, clear call, are frequently heard among 
the wooded hills. The loiterer along quiet by- 
paths often hears the scramble of a startled 
coon or sees the graceful form of a silver 
fox outlined against the green hillsides, cjr 
even catches a glimpse of a wild deer gliding 
through the undergrowth; while the camper 
or picnicker can strike up friendship any hour 
with whole families of brown squirrels with 
which the canyon abounds and which through 
long immunity have lost their fear of man 
and will come and frisk around the feet of 
children or even eat from out their hands. 

"The flora of the park is also of great and, 
fact, of almost infinite variety. Practically 
all of the trees, shrubbery and flowers, which 
are distinctively Californian, flourish here. 
During spring and summer, the California pop- 
py, the golden rod, the yellow buttercup and 
the mariposa lily glorify its banks and brown 
uplands, while within the canyon's shaded 
dells bright Indian pinks, fragrant Solomon's 
seal, dainty bluebells, tall, wild tulips, lusty 
lui)ins, the blue and scarlet columbine, the 
delicate and aromatic shooting star and a hun- 
dred other varieties of wild flowers, abound. 
All winter the toyon bushes and the madrone 
trees fling the glory of their red clusters of 
berries along the hills and stream where the 
abundant brown bulbs of the buckeye tell of a 
springtime of fragrant blooming. Thus at 
every season of the year the park is beautiful. 

"The foregoing sketch gives but glimpses 
of the attractions of Alum Rock Park. It must 
be seen to be appreciated and those who once 
visit it for even a hasty hour, carry away im- 
pressions of its variety and beauty which re- 
main with them a ])leasing memory forever. 

" 'The quaint madrone, the laurel trees 
And countless shrul)s that cover 
Tile mountain sides : the soft, warm air 
The blue sky bending over ; 



" 'Make it a spot, when weary-worn, 
You seek with loved companion. 
And find the gods of rest and peace 
Dwell in this matchless canyon.' " 

Since the above sketch by Judge Richards 
was written the park has undergone many ar- 
tistic changes and improvements strictly up-to- 
date. More -land was acquired until now the 
park comprises about 1000 acres. The broad 
gauge railroad over a newly constructed road 
now enters the canyon, while automobiles, 
provided with proper parking grounds, come 
by the thousands every week. Eleven years 
ago the park commission began to carry out 
a system of permanent improvements. The tea 
garden was removed and a first-class cafe 
has taken its place. Instead of two roads to 
the park in the old days there are now three, 
the third leaving the main road at the sum- 
mit and half-circling the park along a beau- 
tiful winding way high up in the hills to the 
heart of the park. A new bath house has 
been constructed at a cost of $78,000. The 
cafe cost $4500. The springs have been en- 
cased with cement walls and the creek has 
been walled up to protect the park from the 
occasional winter floods. More improvements 
are contemplated. Since the adoption of San 
Jose's new charter in 1916. the park has been 
under the control of the city engineer, C. B. 
Goodwin. 

An interesting story concerning the park 
was furnished in the experiences of J. O. Strat- 
ton. For many years he was the proprietor and 
manager of a hotel in the' park. This hotel 
had been built by Woolsey Shaw, who in the 
late fifties had acquired by preemption and 
I)urchase over 700 acres of what was then 
called the Alum Rock ranch. This tract ex- 
tended some distance beyond the tract after- 
wards claimed by the city of vSan Jose. While 
Shaw was in possession of large portions of 
the park (then called the City Reservation) 
suit against him was Ijrought by the city 
under the claim that about 450 acres held by 
Shaw was part of the pueblo lands belonging 
to the city. Before the suit ended Stratton 
had bought from Shaw that section of the 
Alum Rock ranch that took in the hotel, bath 
houses and several outbuildings. All three 
improvements had been made by Shaw short- 
ly after he had entered into possession of the 
land. The suit was decided in favor of the 
city and immediately thereafter Shaw and 
Stratton were dispossessed. This was in the 
'70s. While the suit was pending Stratton 
offered to give up the land he had bought 
from Shaw if the city would pay him $3000 
for the improvements. The petition was re- 
ferre<l to the Alum Rock Commissioners, and 



206 



HISTORY OF SANTA CLARA COUNTY 



after the court decision they presented a re- 
port awarding Stratton $1000. the actual value 
of the lumber purchased for the erection of 
the buildings. Stratton accepted the award, 
but when he asked the council to confirm the 
commissioners' report, he met with a refusal. 
The council claimed that it had no jurisdic- 
tion. In other words it could not deal with 
matters of equity. Stratton admitted that he 
had no legal claim for reimbursement Init 
thought it no more than just that the city 



should pay him for his improvements, first 
because the city was then using them and 
secondly because he had bought from Shaw 
in good faith, believing that Shaw had law- 
ful title to the lands. Year after year Strat- 
ton presented his claim for reimbursement 
and year after year the council refused to 
grant it. At last Stratton gave up in despair. 
He died many years ago and his heirs have 
never made any attempt to have the decision 
of the council reversed. 



CHAPTER XX. 



The Attractions of the Big Basin, or California Redwood Park — How It 
Was Preserved by the Efforts of a San Josean — The Annual Forest 
Play in a Natural Setting. 



San Jose points with pride to its great sub- 
sidiary attraction, the California Redwood 
Park, or Big Basin, as it is more popularly 
known. It consists of 14,000 acres of sequoia 
sempervirens trees and is the oldest living 
grove in the world. It is about twenty-five 
miles from San Jose in the heart of the Santa 
Cruz Mountains and is reached by fine high- 
ways from San Jose and Santa Cruz. The his- 
tory of its preservation is graphically told in 
the' following article written by \Vilson E. 
Albee and published in the San Jose Mercury 
of April 22, 1917: 

"Giant redwoods', mighty with the strength 
which had withstood the ravages of centuries, 
quavered at the menacing snarl of the saw 
mill : trembled with the throb of its engines ; 
moaned with the scream of the ripping, tearing 
steel teeth, cutting through the heart of the 
forest, nearer and ever nearer, and from their 
towering height beckoned across the moun- 
tains for rescue ; beckoned to those who were 
that those yet to come might feast on their 
grandeur. .\nd there was one to answer. 

■'.Vcross the range above Wright's station, 
a spark smouldered and burst into flame. 
Whipped into fury by the mountain breezes, 
it spread, eating its way swiftly and licking 
clean the forest behind it, sending up a pall 
of smoke seen 'round the world. From Eng- 
land came the call for the story and pictures, 
showing not only the fire, but the big trees 
which it menaced. Andrew P. Hill, with cam- 
era and plates, plied his art preservative for 
a day among the Santa Cruz Trees near Fel- 
ton, meeting, at the end of his expedition, with 
the unalteral)le opposition of Mr. Welch, pro- 
prietor of the hotel, who stated that the trees 
were a perquisite of his hostelry and that 



he would do his own advertising of them. 
Words followed : blows might have, but what 
did happen was a firm determination on the 
part of Mr. Hill that those trees should be- 
long to the people. 

"This was in March, 1900. Prior to that 
time Mr. Hill had taken numerous pictures of 
the trees, spending days among them alone 
with his thoughts and his camera. Perhaps it 
was this association with the big things of 
the forest which added depth and breath and 
height to the idea which first came to him 
during the argument with Mr. AA'elch. Per- 
haps some part of that great strength of the 
forest was imparted to him, adding its pow- 
er to his, that he might the better fight his 
battle of preservation, and perhaps it was from 
the vastness of the forest that he drew some 
of that determination which withstood hun- 
ger and privation while the fight was on, en- 
abled him to surmount obstacles, accomplish 
the impossible and carry the Redwood bill 
through, the state senate and assembly in spite 
of the determined opposition of the controll- 
ing element and the governor of the state. 

"It was following his argument with Mr. 
Welch at the hotel near Felton that Mr. Hill 
met John E. Richards, then an attorney, now 
judge of the .Appellate Court, on the train. 
Mr. Hill told jof his determination to get the 
big trees for a public i)ark. Mr. Richards was 
impressed. That night Mr. Hill wrote out 
his idea in a letter to Mrs. Josejdiine Clif- 
ford McCrackin, whose home had been burned 
along with twenty-three others in the recent 
forest fire. Mrs. .McCrackin forwarded the let- 
ter with her ajjproval to tin- Santa Cruz 
Sentinel and it ap])earcil in llial publication in 
the morning, the first article f\er published 



HISTORY OF SANTA CLARA COUNTY 



207 



advocating public ownership of the trees. On 
the evening of that same day there appeared 
an article by Mr. Richards upon the same sub- 
ject in the San Jose Herald. 

"Mr. Hill, upon his return to San Jose, 
called upon Judge M. H. Hyland and Judge 
A. L. Rhodes. Both were taken with the idea 
and Judge Rhodes urged that Mr. Hill should 
make the preservation of the trees his life 
work. In reph' to a letter sent the Santa 
Cruz Chamber of Commerce, a resolution fa- 
voring the project was passed and Mr. Hill 
was asked by J. F. Coppe. secretary of that 
body, to have a like resolution passed by the 
San Jose Chamber of Commerce. This was 
done. Mr. Hill appearing before that body and 
was appointed chairman of a committee to 
work for the preservation of the trees. 

"After some communication \\\ih Mr. Cop])e 
of Santa Cruz, it was decided to throw the 
]M-oject into line with the educational institu- 
tions of the state so as to keep it out of poli- 
tics as much as possible and the first meeting 
was called to l)e held at Stanford University 
in April. 1''fwi. .\rrangements were made witli 
Dr. |),-i\iii St.-irr Jordan, then president of the 
uni\cioity. who lent his hearty co-operation to 
the movement. At this meeting there were 
present delegations from the Academy of Sci- 
ence, the University of California. University 
of Stanford, Sierra Club, San Jose and Santa 
Cruz Chambers of Commerce, Santa Clara 
College, San Jose State Normal School, dele- 
gates from the Unixersity of the Pacific be- 
ing invited but unable to attend. 

"Up to this time those interested in line 
with the first idc;i of Mr. Hill, lia.l been think- 
ing only of the Santa Cruz gro\e. Just at 
this time Mr. Hill reccixed a letter from IMr. 
Coppe stating that Dr. .Anderson, of Santa 
Cruz, a prominent botanist, had asked that the 
attention of the committee be called to the 
Big Basin trees saying: 'As your enthusiasm 
is for these smaller trees, so will it grow in 
proportion to the size, the grandeur and the 
vastness of those in the Big Basin." 

"The proposal was taken up with Dr. Jor- 
dan and it was learned that Professor William 
R. Dudley, of the Stanford botanical depart- 
ment, and Charles !'. Wing, a young teacher 
of the institution, had made a complete survey 
of the Big Basin and that for seven or eight 
months attempts had been made to purchase 
the land for the university. The land belonged 
to a number of lumbermen, however, and the 
figure for purchase was too high. Professor 
Dudley, when informed of the proposition of 
public ownership hailed it with joy and en- 
tered with great zeal and enthusiasm into the 
proposed work. 



"In order to learn more of the Big Basin 
possibilities a committee was appointed by 
Mr. Hill composed of W. W. Richards, Carrie 
Stevens Walter, RoUie S. Kooser, Mrs. Steph- 
en A. Jones and Andrew P. Hill. This com- 
mittee was joined in Boulder Creek on May 
15, 1900, by a delegation from the Santa Cruz 
Chainber ol Commerce, among whom were 
J. F. Coppe, secretary; J. Q. Packard of the 
smelter trust; H. U. :\liddleton, representing 
some of the lumber interests and Charles Wes- 
ley Reed, a mendier of the San Francisco 
board of supervisors. The next morning the 
part}- went to the tie camp where they were 
cutting trees from fi\e to twelve feet in diam- 
eter. About 30U acres of the basin had been 
cut in the three previous years during which 
a mill had been operating. Passing the camp 
they proceeded to Slippery Rock where thev 
made a permanent canij) and it was on iM;r>' 
18, 1900, while the committee was seated 
a])out the campfire that Mr. Hill suggested the 
organization of a club, the object of wliich 
would be the ])reser\ ation of the trees. The 
club, known as the Senipervirens, was organ- 
ized and Charles Wesley Reed elected its first 
president and Mrs. Carrie Stevens Walter, 
secretary. The camp where the organization 
was afifected, was namerl for the club. 

"The committee traversed the basin in all 
directions and look numerous photographs. 
It was while the} were driving along the China 
Grade road be3ond the projiertv owned bv 
Mr. Tray, that Mr. Hill' noted the ridge be'- 
tween the San Lorenzo and Boulder Creek on 
one side and the waters of the Pescadero on 
the other. Pointing to this, he stood up in 
the carry-all and said; "We will build a road 
over that ridge from the Santa Clara Coun-, 
ty." Some objection was raised immediately 
by some of the Santa Cruz meml^ers, but 
soon they saw that the construction of such 
a road would be of value to them and they 
became supporters of the proposal. 

"Several months previous to this time a 
committee had been appointed to get a price 
on the land. No action had been reported by 
them. A railroad had already surveyed a way 
into the basin and preparations were being 
made to cut the whole area of 15,000 acres. 
-\ction must be taken cptickly if the trees 
were to be saved. In the face of some op- 
position Mr. Hill took the upper hand, met 
with Mr. Middleton, conferred with Dr. David 
Starr Jordan and Professor Dudley and the 
head of the Stanford law department and an 
option on the land was executed at Stanford. 

■'Up to this time everything had proceeded 
nicely. Steps were taken to have a bill in- 
troduced in congress for the purchase of the 
Big Basin, but, owing to the fact that there 



208 



HISTORY OF SANTA CLARA COUNTY 



was another big tree bill before that body, 
the action was withdrawn. Mr. Reed was 
appointed at a meeting held in the Palace 
Hotel in San Francisco as a committee of 
one to draw up a bill to present to the State 
Legislature. It was presented by Assembly- 
man George H. Fisk of San Francisco, but be- 
fore long it was reported back by the as- 
sembly committee on ways and means with 
the recommendation that it "do not pass." The 
senate finance committee returned a like rec- 
ommendation and another meeting was called 
at the Palace Hotel where it was reported 
that the bill was "dead." Mr. Hill refused 
to understand what the word 'dead' in this in- 
stance meant. He insisted that the bill could 
be passed no matter how 'dead' it was, and 
because of his enthusiasm and determination 
he was unanimously elected to go to Sacra- 
mento and take charge of the bill. 

"Hardly had Mr. Hill reached Sacramento 
when he found that it would he a stiff fight 
to get the bill appropriating the needed $250,- 
000 passed. He went to Alden Anderson, for- 
merly of San Jose, then lieutenant governor. 
Mr. Anderson suggested that changes be made 
in the bill in order to get it through the com- 
mittee and that the support of Grover L. 
Johnson be obtained. Mr. Johnson became a 
friend of the measure immediately upon its 
presentation to him ])y Mr. Hill, and called 
the bill from the table onto the floor of the 
house and had it re;ported back to the com- 
mittee. Mr. Hill was given a hearing and 
the bill was re-written and returned with the 
recommendation that it 'do pass.' 

"This was encouraging, but ]\Ir. Hill soon 
discovered breakers ahead. He learned that 
a certain controlling 'push' would not let the 
bill pass and that it would cast him $5000 to 
get it through. He determined that there 
was but one way to swing this opposition in 
favor of the measure and immediately took 
train for Santa Clara. Here he called upon 
Fr. Robert E. Kenna, then president of Santa 
Clara College, and after outlining the situa- 
tion to him asked that the Catholic church 
be committed to the bill. Fr. Kenna made 
a trip to Sacramento with Mr. Hill to see 
for himself the actual conditions. Upon their 
return Mr. Hill spoke at a meeting of the 
Jesuits, gained their support and persuaded 
them to send a committee into the basin to 
examine the trees and report back whether or 
not they were worth saving. Upon the re- 
turn of the committee action was taken with- 
out delay and practically the whole powder of 
the church was placed behind the measure for 
saving the trees. Mr. Hill returned to Sac- 
ramento with a new courage. Through a re- 
quest of Fr. Kenna, D. M. Delmas consented to 



go before the legislature and speak for the 
bill. His address, made after a visit to the 
Big Basin, was one of the most powerful ever 
delivered upon a public project, and created 
a strong sentiment for the bill. 

"Hope for the passage of the bill was strong 
at this time. Then came word that the gov- 
ernor was opposed to having the bill come 
up to him because of the size of the appro- 
propriation. New conditions were imposed 
which at first seemed impossible to meet. It 
was hoped that the conditions would prove 
an insurmountable obstacle to the advocates 
of the bill, but the opposition failed utterly in 
their estimation of Andrew P. Hill. They re- 
quired a new contract on the land. Although 
his funds furnished by the Semper\irens Club 
was growing low Mr. Hill left immediately 
for San Francisco. Opponents watched him 
go. They did not expect him to return. 

"In San Francisco he met Mr. Middleton 
and asked for a new contract on the land. 'You 
cannot get it,' answered Mr. Middleton. 'It 
is not a question of whether or not I can 
get the contract,' replied Mr. Hill. 'The only 
thing is that I must have it. What are your 
conditions?' 

"The conditions named were that Mr. Hill 
secure a guarantor who would pay the sum of 
$50,000 in case the state should decide to 
purchase the property and not be in a posi- 
tion to make an immediate first payment. Mr. 
Hill hesitated but a moment. 'I will have that 
sum guaranteed to you before 12 o'clock to- 
night," he said. 

"At 8:30 o'clock that evening Mr. Hill called 
upon Dr. Jordan at Stanford. Dr. Jordan 
could not make the guarantee. Telephoning 
ahead that he was coming, Mr. Hill started 
for Santa Clara, where he outlined the situ- 
ation to Fr. Kenna and suggested that if he 
did not have the money it was certain that 
'Jimmie' Phelan or his sister, Mrs. Sullivan, 
could furnish it. For some time Mr. Hill ar- 
gued and planned and finally, with a laugh, 
Fr. Kenna agreed. Immediately Mr. Middle- 
ton was communicated with. 

"The cars had all stopped running and Mr. 
Hill walked to San Jose, reaching the office of 
the San Jose Mercury at one o'clock in the 
morning. Going to the office of Harry G. 
Wells, then editor, he said, 'Mr. Wells, I 
want you to write the greatest editorial you 
have ever written." 'You are too laie," re- 
turned Mr. Wells, 'the paper is already on the 
press.' Mr. Hill persisted, outlining his jilan 
for laying a copy of the Mercury; with the 
editorial on the desk of every senator and as- 
semblyman that morning. Tiie rc(|uest was 
granted, Mr. Hill writing the editorial, and 



HISTORY OF SANTA CLARA COUNTY 



209 



150 copies were run off. Air. Hill taking them 
on the 4:30 o'clock morning train. 

"The appearance of the editorials on every 
desk at 8 o'clock in the morning created a stir 
in tile legislature, because they showed that 
the 'impossijjle' conditions imposed for the 
passage of the bill had been met in every detail. 
Nor was this all of the plan of campaign 
worked out by Mr. Hill. At II o'clock that 
morning Fr. Kenna himself arrived in Sacra- 
mento. After visiting the church he went to 
the capitol building and was assigned a room 
in the Board of Education. For the greater 
part of the day Mr. Hill brought individual 
members of the senate and assembly to him 
for conference. A poll had been taken and it 
was found that there were only seven senators 
willing to vote for the bill. 

"Just at adjournment time Senator Short- 
ridge, upon request of Mr. Hill, asked that the 
legislators remain to hear Fr. Kenna speak. 
They all remained and Fr. Kenna was ushered 
to the speaker's chair to address them. His 
plea for the bill was simple, beautifully 
worded, but determined. Out of the thirty- 
three senators there were eighteen Catholics. 
\\'hen the vote was taken on the h\\\. which 
had already passed the assembly, there were 
thirty-two fa\orable votes, the only one in op- 
position being that of the chairman of the fi- 
nance committee who stated that he hoped it 
would carry but that it would not be ccjnsist- 
ent for him to vote for it. 

"There remained but one thing more : the 
securing of the signature of Governor Gage 
who had strong objections to signing. Mr. 
Hill worked ceaselessly. The money given 
him by the Sempervirens Club had long been 
exhausted. His own personal funds were gone 
with the exception of money he had care- 
fully saved for the last l)ig play of his cam- 
paign, that of telegraphing to organizations 
in all parts of the state to bring pressure on 
the governor. 

"For days he had been living in a dingy 
back room with no running water or other 
conveniences. Day after day he ate 15 cent 
meals, some days only one of them and upon 
one occasion his only food during the day was 
an orange someone gave him. 

"Mr. Hill arranged with the governor for a 
date upon which a pul:)lic hearing was to be 
granted when reasons why he should sign 
the l:)ill could be presented. The date of the 
hearing was flashed over the state and the 
meeting was crowded with interested advo- 
cates. Among them were Prof. William R. 
Dudley of Stanford ; Prof. Senger of the state 
university: the grand president of the Native 
Daughters and the grand ])resident of the Na- 
tive Sons, with J. Z. Anderson representing 



the California F^ioneers. There were many 
others making a determined stand for the 
measure. 

"Then, as a master stnike, a thing which 
hitherto had been done u|)iin Imt a small scale, 
Mr. Hill sent out his prepared telegrams to 
all parts of the state. Nearly all one day 
one man in the telegraph office worked on 
these. All the next day he received hun- 
dreds of telegrams from organizations and in- 
dividuals 'directed to the governor, urging 
him to sign the bill. 

"The plans were a success. Governor Gage 
signed the bill and in March, 1902, 3800 acres 
in the Big Basin, one of the most wonderful 
groves of trees in the world, passed into the 
hands of the people of California; a park in 
wiiicli they miglit find refuge from the rush 
and dust of the cities; where they might rest 
from their toil and where they" might find 
themselves among the truly great things of 
nature — the mighty redwoods of the forest. 
And for this tlie people have, more than any- 
one else, to think Andrew P. Hill." 

After Mr. Albee's article was written, more 
land was secured, so that now the park consists 
of 14,000 acres. The Sempervirens Club also 
secured a state appropriation of $70,000 for 
building a road into the park. The road was 
Iniilt and now thousands of people visit the 
great redwood forest every year. A hotel has 
been erected and also many cottages and there 
are fine tenting accommodations for campers. 
In 1919, as a fitting climax to their efforts, 
the members of the Sempervirens Club pre- 
sented a beautiful forest play which will live 
in history a monument to the artistic, literary 
and musical talent of Don W. Richards and 
Thomas V. Cator, the author and composer 
of the play. Over 3.(100 peoi)le were jiresent 
at the production. There was a natural audi- 
torium and the talent was amt)ng the best 
in San Jose and vicinity. Vocalists from oth- 
er parts of the state also participated. The 
theme of the play. "The Soul of Sequoia," 
was carried on by aesthetic dances, vocal num- 
I)ers and spoken words. The unique features 
were memoral^le. The play consisted of a pro- 
logue, four episodes, each presenting a differ- 
ent form of dramatic expression; and an epi- 
logue. The first episode was in the form of 
a dance pantomime typifying the awakening 
of life. The second was in the cantata form, 
showing the sowing of the seed of forest 
life. Grand opera was the third — Indian in 
theme — which told of the death of Sequoia, 
the spirit of the forest. The last was the 
saving of the trees from the axe of the woods- 
man. Among tlie leading actors was one of 
the mountain deer, which, lured bv the calls 



210 



HISTORY (3F SANTA CLARA COUNTY 



of the assistant park warden, had been tamed 
sufficiently for the appearance in the play. 

The production of 1920, held on July 3, out- 
rivaled that of 1919, both as to performance 
and number of spectators. This out-of-door 
spectacle, which will be given annually, will 
make San Jose the Oberammergau of Amer- 
ica. At tile 1920 performance Dean Han- 
son was the musical composer, Mr. Cator hav- 
inc;^ retired. 

The officers of the Sem]iervirens Club are 
as follows : President, Andrew P. Hill : hon- 
orary presidents, Chas. ^^'esley Reed. Mrs. W. 
C. Kennedy : vice-president. Judge J. R. 
Welch ; secretary-treasurer, Dr. Charles Pease ; 
consulting attorney, Herbert C. Jones; de- 
pository. First National Bank. Directors — 
Judtre 'I. R. Welch, H. L. Middleton. Rev. 
Z. Mailer, Airs. A. T. Herrmann, A. P. 
Murgotten, A. P. Hill. Jiulge J. E. Richards, 
Herbert C. Jones, W. R". Flint, Dr. [ames B. 
Bullitt, Mrs. S, A. Jones. Col. C. B. Wing, 
Judge Isaiah Hartman. 

The following excerpt is taken from the pre- 
lude to "The Soul of Sequoia," written by 
Don W. Richards : "Through countless ages 
these redwood trees have stood, sublime, mag- 
nificent, their utmost branches sweeping the 
very sky, their feet carpeted by the virgin 
soil from which in long-dead centuries they 
sprang. They rise like pillars of a majestic 
temple, dedicated to the worship of their Cre- 
ator ; a sacred grove, where mortals may. with 



reverent hearts, draw near to the Father of 
the Forest. 

"So we came wandering here in these Cathe- 
dral aisles, adventuring, seeking the Spirit of 
Romance, with wistful ear striving to catch 
the echo of some mystic melody from out the 
past. Here in this peaceful spot where dreams 
are born, strange fancies hovered to us. It 
seemed as if the spirit of the woodland whis- 
pered tales of immemorial lore. Perhaps it 
was the west wind sighing low in the branches, 
the stream weeping for days that are gone, the 
rustle of wood-folk in the thicket, but we 
heard — 

"We shall try to lift the curtain for you, to 
people the woodland with nymphs and' elves, 
to wake the Wild God and draw from him the 
ethereal strains that piped the dancers to Syl- 
\an revelry. For you we have invoked the 
elements to reveal that solemn festival, the 
Ritual of the Sowers. From her long sleep 
^^'aona comes with Sec[uoia, her brave lover, 
her voice thrills through the forest but dies 
away in sadness o'er Sequoia's slain body. 
The Padres, intoning the Misericordia, enter 
in time to save the Indian Maid from self- 
inflicted death. And last, Brundel, the woods- 
man, meets his master, the destroying axe is 
broken and the forest is preserved for ages 
yet unborn. The spirits of the Forest gather 
to pay homage to the trees, and in 
song and in dancing to rejoice in their 
deli\erv from destruction." 



CHAPTER XXI. 

The Public and Private Schools of San Jose— The Growth of the High 
School — The State Normal School — College of Notre Dame — College of 
the Pacific — St. Joseph's School. 



The first record of the establishment of pub- 
lic schools in San Jose is a document found 
among the old archives of the pueblo and 
purporting to be a contract made in 1811, be- 
tween the commissioners of the pueblo on be- 
half of the families thereof, and Rafael Villa- 
vicencio, for the instruction of the children of 
the pueblo. Having been sent to the com- 
mander at Monterey, it was returned with 
additions and modifications, and the document 
thus amended became the first school law of 
the city of San Jose. Following is the text: 
"I return to you, that the same may be placed 
in the archives, the obligation which the in- 
habitants of the neighborhood have made with 
the infirm corporal, Rafael Villavicencio, who 
transmitted it to me by official letter on the 



thirtieth of last September, in whicli he obli- 
gated himself to teach the children uf this 
]nieblo and vicinity to read, write and the 
doctrine, and to be paid therefor at the rate 
of eighteen reals per annum, by every head 
of a family, in grain or flour. As in this obli- 
gation of both parties the conditions are not 
expressed, which I consider ought to be, I 
have thought proper to dictate them, that you 
may make it known to both parties in public, 
with their consent, and that it be signed by 
you, the Alcalde, the Regidores and the 
teacher, and registered in the archives. First, 
the pay, annually, of eighteen reaLs, by each 
and every head of a family, 1 think is quite 
suflicient'for the teacher, aiid as it is all they 
can give, in virtue of whicli tlie commissioners 



HISTORY OF SANTA CLARA COUNTY 



Ul 



will be ohlitjated to collect the same at the 
proper time in order to deliver it to the teacher. 
The teacher, in \irtiu- of the pay that is to be 
made to iiim, \\ill also be oblio:ed to perform 
his obli^-ation A\ith the jjreatcst vigilance and 
strictness, without fixing his attention to any- 
tiling- else but the teaching. ,\s the hfiurs are 
not expressed in which the attendance of the 
children ought to be at school, they will be 
these: Six in a day — three in the morning 
and three in the afternoon : in the morning 
from eight o'clock until eleven, and in the 
afternoon froin two until five, it being the 
duty of the commissioner to compel the fathers 
to make their children attend, and to see that 
the teacher in no instance fails. Every Thurs- 
day and Saturday afternoon the children will 
not write or read, but explanations will be 
given them these two afternoons, of the doc- 
trine (faith), at which the commissioner will 
attend and advise the teacher that he must 
answer for the much or little explanation 
which he may make. When the teacher oli- 
serves the absence of any of the scholars at 
the school, he will notify their fathers, who 
will give some satisfactory reason why they 
were absent on that morning or afternoon: 
and if they should be absent a second time, 
then he will notify the commissioner, who will 
compel the fathers to send their chihlren. \\ ith- 
out receiving any excuse or |iretextv, ]iartic- 
ularly from the mothers, because tlie\- will all 
be frivolous, since the children h;i\e sufficient 
time to do all that they are required to do. 
Lastly, during the time in which the children 
are at school, their fathers will be exempt from 
being responsible to God for them, and the 
teacher will be the one who is thus responsi- 
ble, as he will also, in consideration of his 
pay, be responsible for the education and 
teaching of the holy dogmas of the religion : 
and the teacher is he who must be responsi- 
ble to God, the parish priest, and to their au- 
thority. 

"It is also understood that the fathers are 
obliged to examine their children at home as 
to the advancement which they may make, 
and to complain to the commissioner when 
they see no advancement, in order that he 
may remedy the matter, if necessary. As the 
teacher is responsible in the divine presence 
for the education and good examples of his 
scholars, and as he must answer to- the state 
for the fulfillment of his obligations, he has 
the right to correct and punish his scholars, 
with advice, warning and lashes, in case of 
necessity ; and particularly he ought to do it 
for any failure to learn the doctrine, for which 
he ought not to accept any excuse, nor to jiar- 
don anyone from punishment who fails to 
learn it, or who does not commit to memory 
the lesson which may be gi\en him." 



At the present <Iay the parish schools of 
one hundred years ago have developed into 
such institutions as the College of Notre Dame 
and St. Joseph's School, presided over by men 
and women who have abandoned the world 
to devote their lives to this work. 

The first American school teacher was Mrs. 
Olive .M. 1 shell. In February, 1847, she taught 
the chililrcn of families at the Santa Clara 
Mission. 

The first Protestant school of which there 
is an}- record was opened by Rev. E. Bannis- 
ter in 1S51, and was called The San Jose Acad- 
emy. In it were taught not only the English 
branches, but the classics. At first it was a 
private enterprise, but in the same year it 
was incorporated with a board of nine trustees. 

In 1853 a school for young ladies, called the 
Bascom Institute, was opened. It was under 
the auspices of the Pacific Conference of the 
M. E. Church and was managed b}- nine trus- 
tees. Mrs. R. C, Hammond was the first prin- 
cipal. She was succeeded by Samuel Lea, 
with Orrin Hinds as assistant. The institu- 
tion prospered until 1859. 

The first common school was organized bv 
a committee of citizens in ]\Iarch, 1853, and 
w;is tauglit by Rev. Horace Richardson. In 
June of the s.'iim- year the committee ojiened 
another school in the P>a])tist Church and em- 
ployed Orrin Hinds as teacher. 

Of those whom the discovery of gold 
brought to this coast, a large proportion were 
men of liberal education, many of them col- 
legians and fit to take the highest rank in the 
various professions. By reason of their in- 
telligence and mental culture these men w-ere 
put to the front in public affairs. They deter- 
mined that the new state should have every 
facility for pojnilar education that could be 
afforded. Legislation on the subject com- 
menced early and was characterized by a spirit 
of liberality which was met with enthusiasm 
by the people at large. As a result of this 
legislation Santa Clara County was, in 1855, 
(li\ide(I into sixteen school districts. Having 
a large number of educated men to draw upon 
for a su]iply of teachers, the schools from the 
start became wonilerfull}- efiicient. The lib- 
eral salaries paid teachers attracted the best 
educational talent from the older states, and 
almost from the beginning the common 
schools of California took rank with the very 
best in the Union. Especially was this the 
case in Santa Clara County, where the lib- 
eral appropriations of the state were supple- 
mented l)y equally liberal ones from the county 
funds. 

The San Jose Schools 

Frcim an interesting history of the San Jose 
high school written liy Judge Perley F. Gos- 



HISTORY OF SANTA CLARA COUNTY 



bey, himself a former teacher and president 
of the board of education, the tnllowino: ex- 
cerpts are taken: 

The first mention of a high school in the 
city of San Jose appears in the minutes of the 
board of education under date of December 
12, 1865, when the superintendent of schools 
was instructed by the board to purchase five 
chairs for the use of the high school. At this 
time the public schools of the city were held 
in various parts of the city, in small houses. 
They were located in St. James Square, Wash- 
ington Square, on Thirteenth Street, and on 
Market Street. There was also a one-room 
building. The school which gradually grew 
into and was finally named a high school, was 
located on the Fourth Street side of Wash- 
ington Square, where the Normal grounds now 
are. and faced San Antonio Street. It con- 
sisted of one room, but there were no certifi- 
cates of graduation or diplomas issued to those 
who completed the course of study. There 
was another school, consisting of two rooms. 
located in the second story of a block on the 
north side of Santa Clara Street, between Sec- 
ond and Third streets, in what was known as 
Armory Hall. 

The early records show that the board of 
education was composed of six meml)ers, who 
were elected from two districts. District No. 
1 was located in the southern part of the city, 
while District No. 2 was in the northern part. 
Each district elected three trustees. 

In January, 1867, the board took the first 
steps for purchasing six lots on the north side 
of 'Santa Clara Street, between Sixth and. 
Seventh streets, for the location of a new 
schoolhouse, and during that year the mayor 
and common council, together with the board 
of education, purchased the site and adopted 
plans for building the Santa Clara Street 
schoolhouse, which was subsequently called 
the Horace Mann School. This building was 
occupied by both the high and grammar 
schools, and on August 18. 1868, the board of 
education prescribed the first course of study 
for the high school, which was as follows: 
Wil.son's Fifth Reader, Russell and Murdock's 
Vocal Culture, Robinson's High .\rithmetic, 
Robinson's Elementary Algebra, Korles' 
Grammar, Warren's Physical Geography, 
Quackenbote' Philosophy, Quackenbos' His- 
tory U. S., Wilson's Larger Speller, Cutler's 
Anatomy. Wood's Rotany, Porter's Chemis- 
try. Robinson's Elementary Geometry, Pay- 
son and Dutton's Bookkeeping. The high 
school course of study was for two years. On 
January 17, 1870. the board of education au- 
thorized the teaching of Latin in the high 
school. In 1871 the board of clucation pre- 
scri.lied as a course of stu(h- lUr the liigji scIkihI 



the following: Reading, spelling, English 
grammar, physical geography, arithmetic, al- 
gebra, ph3'siology. U. S. history, natural phil- 
osophy, bookkeeping, rhetoric and astronomy. 
There were then but two years in the high 
school course, and in 1873 the first formal 
graduating exercises took place, diplomas be- 
ing awarded the graduates. In this class there 
were eight who received diplomas. Their 
names were : Kate Tower, Mary Bowman, 
Belle Churchill. Frances Freeman, M. C. Har- 
ris, Angelo Heinlen, William Lucky and 
Charles Moore. In 1877 the course of study 
was increased from two to three years, and in 
1897 it was extended to four years. 

In 1897 a new school building was erected 
on Washington Square to meet the demands 
and requirements which were so urgent at 
that time. This was a three-story building, 
constructed of brick and stone, which was 
shaken down and demolished by the earth- 
(|uake of April 18, 1906. The destruction of 
the Iniilding made it necessary to accommo- 
date the high school in the Lincoln school 
building, which was done by holding half-day 
sessions for the grammar and primary school 
and a half-day session for the high school. 
From and after the destruction of the high 
school building in 1906 to the end of the school 
year 1907-08, work in the high school was ar- 
duous and unsatisfactory, both on the part of 
the teachers and students, but by hard, per- 
sistent and patient labor, the school was kept 
well together, and for the year 1907-08 the 
largest class in the history of the school was 
graduated from it. 

After the high school building had been 
wrecked by the earthquake the board of edu- 
cation immediately began to make its plans 
for building a better and more up-to-date high 
school to meet the demands and needs of the 
times. They resorted to a bond election and 
the citizens of San Jose, by an overwhelming 
vote, bonded the school district of San Jose 
for $175,000 in the first issue for bonds for 
the building, and an additional $20,030 for 
furnishing and equipping said building, as well 
as laying out the grounds and sidewalks. The 
board was particularly fortunate in the selec- 
tion of Mr. F. S. Allen of Pasadena as archi- 
tect of this new building. The plans, arrange- 
ments 'and equipment are very elaborate and 
complete', and the citizens of San Jose may 
rightfully boast of now having one of the 
best high schools in California. On Thursday, 
June 18, 1908, the first exercises were held in 
the new building, when a class of one hundred 
students were graduated from the high school, 
the exercises being held in the new auditorium. 

Diu'ing the summer montlis the finishing 
Iduches were put upon tlie l)uil(ling; furni- 



HISTORY OF SANTA CLARA COUNTY 



213 



ture, apparatus and appliances were installed, 
and on the opening of the school in Septem- 
ber, 1908, there was a finely equipped high 
school for the education of the boys and girls 
of the city of San Jose. 

Within the last decade the people of Cali- 
fornia have come to recognize the expediency 
of perpetuating this early style of architecture 
and to see in it many advantages not found in 
the ty])es of construction requisite in more se- 
vere climates. Many buildings, bnth public 
and private, are now patterned ;iftcr the ideas 
of the Mission Fathers. Tliis i^ p;irticu!arly 
true of the public schools, wliuli. \\ itli their 
large rooms and the necessity cif wide and ex- 
tensive passages, lend themselves most admir- 
ably to this manner of building. 

The San Jose high schmd is ]ierhaps the 
first high school building constructed on the 
university plan. It consists nf fi\e sejjarate 
and distinct buildings, so grduju-d and con- 
nected as ti> l(irni nnv general whole. The 
administration building, witli its massive tow- 
ers, is the central feature: on either side are 
the classical and science buildings; at the rear 
of these are the domestic science and manual 
arts buildings. They are all of the same type 
of architecture, with rough cement ]daster ex- 
teriors and red tile roofs, and are connected 
by three cloisters. One of these runs through 
the towers between the east and west en- 
trances and is crossed by the other two wdiich 
extend from the classical and science build- 
ings to the rear end of the group. Each of 
these two side cloisters leading to the side en- 
trances of the assemlil)- hall in the main Iniild- 
ing. The east cloister als(] passes an open 
court around which are located the \arious 
departments of the manual arts building. 

Beyond the front gateway is a patio about 
150 feet square, with broad concrete walks 
leading to the front buildings. The three great 
arches between the towers form an entrance 
to the main cloister, which stretches away to 
the right and left, nearly 150 feet in either 
direction. iMdui this cloister a stairway 
ascends to the offices of the department of ed- 
ucation in the west tower. The location of 
these offices is so arranged that they in no 
way connect with the high school proper. 

From the main entrance three large double 
doors open into the assemljly room. This 
room is 112 feet in length and 97 feet in ex- 
treme width ; it has a slanting floor one-half 
its length and is capable of seating 1200 peo- 
ple in opera chairs. It has seven pairs of 
outside double doors, two exits from the ends 
of the stage and one through the library con- 
necting on the right through a large archway. 
Five hundred of the opera chairs have tablet 
arm rests for study purposes and the room is 



provided with reference reading tables and 
chairs. The 200 ceiling lamps are so arranged 
next to tlie arches as to shed a soft, mellow 
light toward tin- stage, permitting no light to 
shine directl\- in the e\es of tlie audience. The 
floor of this' room, as' well as of all the other 
rooms in the first story, is a peculiar kind of 
asphaltum imported from Germany, and is 
laid upon a heavy concrete base. It is water, 
fire and \ermin proof, is easier to walk upon 
than wood or concrete, and embodies the high- 
est points cjf sanitation. The rooms of the sec- 
ond story are floored with polished Michigan 
hard maple. 

In the principal's oflice stands a large, espe- 
cially designed I'riek master clock, which au- 
tomatically rings the bells for class changes 
and operates the secondary clocks in the vari- 
ous rooms, affording synchronized time 
throughout all buildi.ngs. This clock auto- 
matiealh- silences all bells from Friday even- 
ing until Alonda)- niornint; and controls the 
current for charging the stcirage battery from 
\\ hich the energy is obtained for operating the 
clocks and bells. The storage battery is 
charged from the 110-volt alternating lighting 
service by means of a Sirch rectifier, and is the 
first installaticm of this kind ever used for this 
purpose. 

This building, though only one story in 
height at first, was so planned that a second 
story was added, thus giving six additional 
class rooms. It contains the sewing and cook- 
ing rooms, with their special furniture ; 
kitchen, pantry, storeroom, a girls' dining- 
room fitted with tables and chairs, a girls' 
locker room fitted with steel lockers, and toi- 
lets, also a shower l^ath room with seven show- 
ers and ten dressing rooms. The walls and 
ceilings of these rooms are all finished in white 
enamel. 

Besides numerous recitation rooms, the 
classical building contains the women teach- 
ers' room, the girls' rest room and the offices 
of the principal. The two stairways are of re- 
inforced concrete, while the interior walls are 
of steel studding, metal lath and plaster, thus 
making the building practically fireproof. 
However, at numerous places in the hallways 
are located fire hydrants and a fifty-foot length 
of fire hose. They are connected with the ar- 
tesian well and an electric pump. All class 
rooms are provided with closets for books and 
other necessaries, while the special rooms have 
many supply closets and storerooms. 

The laboratories are equipped with chests 
of thirty-two small drawers for sundry sup- 
plies, and each instructor's laboratory and the 
principal's office has a sectional filing case for 
students' papers, letters, catalogues, etc. 



214 



HISTORY OF SANTA CLARA COUNTY 



The manual arts building is located in the 
rear of the science building, and, like the do- 
mestic science building, was at first one storv 
in height, but was raised an additional story, 
adding nine more class rooms. It contains an 
office for the department, a bench and lathe 
room for wood working, metal and machine 
room for metal working, two recitation rooms 
and a supply room ; also the boys' locker and 
bicycle room, with toilets, and a shower bath 
room with twelve showers and twenty dress- 
ing rooms, which, like those of the girls' side, 
have their walls and ceilings done in white 
enamel. Here also is located a small office for 
the use of the school paper published by the 
student body, and a boys' lunch room with a 
long lunch counter running from end to end. 

The science lecture hall, the four science 
class rooms, the large assembly hall and the 
class rooms for history jind English literature 
are all equipped with currents for lantern use: 
the windows of these rooms are darkened with 
oj)aque black shades. 

In the principal's outer office is located the 
central office of a modern telephone exchange 
which connects with all rooms of the five 
buildings and was the gift of the architect. 
There are also intercommunicating phones be- 
tween the science department, stage and boiler 
room, that can be used when the central ex- 
change is closed. 

The electric plant which supplies lights and 
the different kinds of power for pumps, fans, 
air compressor and experimental work at the 
instructors' and students' tables in the eight 
science laboratories and science lecture hall, 
is believed to be one of the most complete of 
its kind ever built. The power is obtained 
from a 2300-volt alternating three-phase cur- 
rent and runs from the street through an un- 
derground iron conduit to a strictly fireproof 
transformer room adjoining the boiler room. 
Here it passes through three large transform- 
ers and enters the house as 110 and 220-\()lt 
alternating and three-phase current. 

The fireproof boiler house, with white en- 
amel walls and ceilings, is located in the rear 
of the main building and contains two large 
oil-burning boilers that supply steam through 
an eight-inch main to the 8.000 feet of steam 
coils that stand in front of the two great steel 
ventilating fans, which by the aid of two ten- 
horse electric motors, supply the buildings 
with nearly 4.000,000 cubic feet of moderately 
heated fresh air per hour. There are over 500 
feet of electric lighted concrete air tunnels 
leading away from the fans. The ventilating 
of the toilet rooms, shower bath rooms and 
chemical laboratory is independent of the main 
system. 

One of the late improvements to the high 



school is a large two-story building, located 
on the southwest corner of the square, east of 
the main building, which is used for the com- 
mercial department and the gymnasium. 

Besides the high school there are nine gram- 
mar schools in San Jose. The buildings are 
practically all new, those not new having been 
modernized in every particular. Three-fourths 
of the school rooms of the city schools are 
of convertible open-air design, having open- 
air windows from the floor to the ceiling on 
one side of the room and French doors en- 
closing the entire opposite wall of the room. 
Practically every elementary school owns the 
entire block upon which the school is situ- 
ated. The board of education adds $10,000 
worth of playgrounds into the department 
each year regularly. Teachers are selected by 
an examination conducted by four principals 
and the superintendent in the elementary 
schools, and in the high school upon the rec- 
ommendation of the principal of the high 
school, the head of the department concerned, 
and the city superintendent of schools. The 
maximum salary paid in the grades amounts 
to $1,560, and in the high school $1,900, with 
$2,100 for elementary school super\isors and 
$2,400 for elementary principals. 

Physical education has been developed to a 
considerable extent, having four teachers of 
I)hysical education in the high school and at 
least one teacher in each elementary school 
especially equipped to lead in this work. 
Thirt}' minutes have been added to the ele- 
mentary school day in order to give sufficient 
time to physical education. The high school 
has a gymnasium and swimming pool, which 
are used by three thousand difi^erent students 
each week, including day high school students 
and evening high school students, and elemen- 
tary pupils on Saturdays. 

The schools have had medical examination 
for ten years, with a school physician and med- 
ical and dental clinic. The board of education 
has purchased free eyeglasses for those who 
needed them, and in some cases it is furnish- 
ing free milk for those suffering from malnu- 
trition. Clothes and shoes are furnished to 
those who need them in order that they may 
attend school. Stammering and stuttering 
inipils are given special attention. Cafeterias 
are operated in the high school and in one ele- 
mentary school. 

There is a kindergarten in each elementary 
school, and in 1921 there was added an e.xtra 
kindergarten in each school where foreign 
children predominate. The school system has 
a school librarian conducting her work along 
the lines adopted by the county librarian. 
Practical education is carried on to a consider- 
able extent both in the grades and the day 



HISTORY OF SANTA CLARA COUNTY 



215 



and evening high schools. About one-half of 
the teachers engaged in this line of work come 
from the trades, and the other half are school 
men and women prepared to do this work. 
Thirty-three hundred and ninety-six students 
were enrolled in the evening high school in 
1921 with an average night attendance of 700. 
This work will be nearly doubled for the com- 
ing year, according to present plans. In the 
classes of Americanization the foreign-born 
purchased $65,000 of bonds and thrift stamps, 
which was, on the average, more than the reg- 
ular American citizen purchased. Sixty-two 
of the foreign-l)i)rn of this class entered the 
army, not because they were drafted, but be- 
cause of a desire to fight for American ideals. 
There are twelve teachers, Mrs. Nellie Chope 
is principal. 

The school department on March 9, 1820, 
submitted to the voters a proposition to bond 
the citv for $400,000 for high school purposes 
and $300,000 for the elementary schools. The 
bond issue was carried by a seven-to-one vote. 
It was necessitated by the fact that the Ijoard 
of education desired to largely extend tech- 
nical and physical education, and liecause the 
number of pupils had increased from 3639 to 
9557 during the past twelve years, while the 
number of teachers had increased from 116 
to 251. 

Twenty-five large class rooms, a study hall 
and eight immense concrete shops were built 
at the high school in 1921, while a whole square 
block was purchased for playground purposes. 
The following lines of work are taught in the 
Polytechnic high school, which occupies half a 
block on San Fernando Street between Sev- 
enth and Eighth : Woodwork, electrical work, 
auto construction and repairing, carpentry and 
building, lumber and ]3laning-mill work, sheet 
metal work, and oxygen and acetylene welding 
and cutting. At each elementary school a 
large addition, comprising in most cases eight 
rooms, has been built. Over $100,000 worth 
of elementary school playground have been 
added. Lunch rooms and indoor gymnasiums 
have been provided at each school. All new 
rooms that have been built are convertible 
open air in type. 

The appraised value of the high school plant 
in the spring of 1920 was $600,000. The ex- 
penditure (if the $400,000 raised bv bond issue 
increased the valuation to $1,000,000. The 
grammar school buildings and lands are val- 
ued at $736,000. 

The average high school attendance in 1922 
was 1934. R. B. Leland is the principal. 
There are twenty-four regular and thirty-five 
special teachers. The grammar school, kin- 
dergarten and special teachers number 168. 

Following are the names of the city super- 
intendents of schools since 1860: R. P. 



Thompson, Rev. L. Hamilton, W. Tonner, D. 
S. Payne, W. C. Hart, [. M. Littlefield, Chas. 
Silent, W. B. Hardy, E. A. Clark, J. O. Haw- 
kins, L. J. Chipman, J. G. Kennedy, J. B. 
Finch, A. W. Oliver, J. G Kennedy, L. F. Cur- 
tis, F. P. Russell, A. E. Shumate, Alex. Sher- 
ififs, W. L. Bachrodt. 

The State Teachers' College 

The State Normal School, now the State 
Teachers' College, was established by an act 
of the Legislature, May 2, 1862. It was lo- 
cated in San Francisco and opened its doors 
with thirty-one pupils. Its usefulness in 
providing efficient teachers for the public 
schools of the state was at once recognized, 
and in 1876 an apiir.-pnatiMii was made for 
the erection of suitalile luuldnigs. One of the 
most memorable battles ever witnessed in the 
legislation of the state took place on the ques- 
tion of selecting a location for this institution. 
Nearly every county in the state offered a site 
and some of them large subsidies in money. 
San Jose offered Washington Square, contain- 
ing twenty-fi\e acres, for the use of the state, 
and the ntfer was accepted. A large and fine 
wooden Ijuilding was erected under the super- 
intendeiicy of Theodore Lenzen, the architect. 
This l)uilding, with all its contents, including 
furniture, library, apparatus, museum and 
charts, was burned to the ground, February 
11. 1880. The Legislature was then in ses- 
sion and a bill was immediately introduced 
for an appropriation to rebuild, the school in 
the meantime occupying rooms in the high 
school building. An effort was made to change 
the location of the institution and the fight of 
1S70 was renewed. But San Jose was again 
successful and an appropriation was made 
witii which another and stronger building was 
Cdnstructed. This building was used until 
tiie earthquake of 1906, when it was so greatly 
damaged that its demolition l^iecame a ne- 
cessity. 

The new building was completed in 1910. 
It is situated on the iMiurth Street side of the 
Niirmal campus, with its entrance opposite 
San .\ntonio Street. The structure is two- 
storied and is laid out in the form of a quadran- 
gle. The building is an adaptation of the Mis- 
sion style of architecture and is made of re- 
inforced concrete, covered with gray plaster, 
trimmed with brick and roofed with red tile. 
The quadrangle, whose extreme length is over 
400 feet and whose extreme width is about 
250 feet, is composed of three main divisions, 
united by continuous open arcades, an upper 
and a lower. To the right, on the approach 
from the gates, is the science wing of the 
building: to the left is the library. The two 
sides of the quadrangle are connected at the 
rear by the administration building, and in 



216 



HISTORY OF SANTA CLARA COUNTY 



front by a single arcade, open on both sides. 
In the center of this are three arches, a little 
higher than those of the rest of the arcade, 
which form the entrance to the buihJing. 

Passing under the central arch, one enters 
the great court. On either side rise the cen- 
tral arches of the upper and lower arcades. 
The latter are plain concrete archways, while 
the former are supported by pillars of stained 
Oregon pine. Directly in front, a little to the 
left of the entrance to the administration build- 
ing, rises a tall Gothic tower. The lower floor 
is a locker room for the girl students, while 
the upper is occupied by the preceptress. 
Where the library wing meets the adminis- 
tration building is a large room devoted to 
the first and second grades of the Training 
school. Above the library are large reception 
rooms and special rooms of various kinds. In 
the center is one of the most beautiful rooms 
in the building. It has great arched windows 
which, on the north side, form a bay. This is 
the music room. Then there are the society 
rooms and the drawing rooms. In the science 
wing are recitation and lecture rooms, with 
seats arranged in tiers. On the lower floor is 
the kindergarten. In the basement are en- 
gine rooms and store rooms. 

As adjuncts of the teaching departments 
are the Short Story Club, organized in 1904 
I)V Dr. Henry Meade Bland; the Men's Club, 
the Psychology Round Table, the Art Club, 
the Dailean Society, the Mandolin Club, the 
Newman Club, theY. W. C. A. and the Bas- 
ket Ball Association, Sappho Club, Athenian 
Socitety, Eurosophian Society, and Browning 
Club. Basket ball and tennis courts are on 
the campus. 

The Training school has a faculty including 
eight department supervisors, four assistants, 
librarian and special supervision of domestic 
science and penmanship. About 600 children 
are in attendance. In addition to the regular 
subjects there are classes in typewriting, 
printing, home problems, household science 
and decoration, cooking, sewing, manual train- 
ing, physical training, including folk dancing 
and military drill, and primary handwork. 
Classes in the violin and piano give children 
further opportunities, and the Training school 
orchestra adds its part, A minimum of one 
year's teaching of one period a da}- is required 
of all except experienced teachers and univer- 
sity graduates. The minimum for experienced 
teachers is one term of twelve weeks, and for 
university students, tv^'O terms. 

One of the important departments of the 
Normal School is the library, which for the 
most part was the work of Miss Ruth Royce, 
who for thirty-five years was the librarian, 
leaving office in 1918. In her hands the library 



grew from a small number of books to a col- 
lection of over 18,000. She was succeeded by 
Helen Evans, whose competency was quickly- 
recognized. The arrangement of books in the 
library is known as classification. There are 
many kinds, but here the decimal classification 
of Melvil Dewey is used. -This classification 
divides all knowledge into ten parts — general 
work, philosophy, religion, sociology, includ- 
ing economics, education, etc. : philology, nat- 
ural science, useful arts, including agriculture, 
domestic science, etc, : fine arts, literature, 
histor}', including geography, travel and biog- 
raphy. All books of the history of San Jose 
are found together on the shelves. There is 
a collection of standard books for children and 
also a department for the Training school. 

Another noteworthy department is the kin- 
dergarten, directed by ]Miss Isbe! O. Macken- 
zie. It prepares teachers for the kindergarten 
and first grade. The rooms are located in the 
extreme south end of the main building, af- 
fording a southeasterly exposure. Plenty of 
light, air and sunshine make an attractive and 
wholesome setting for the fifty or more little 
ones who spend three and a half hours of their 
day here, to afford the would-be teachers an 
opportunity for practice teaching. The furni- 
ture and decorations conform to sanitary 
standards. Growing plants and flowers ar- 
ranged and cared for by the children give a 
standard to the students which is worthy of 
being emulated by the kindergartens of the 
state. The magnificent school grounds, 
planned in 1870, seemed to have been designed 
by men of vision for the future generations of 
children. The kindergarten teachers, as well 
as the students, gather under the trees for 
recreation and work. Another kindergarten is 
an experimental school of the most approved 
type and is conducted in a building of its own. 
Gas stoves and dining room equipment in one 
of the rooms give opportunity for the re-living 
of home activities. Social instincts are 
stressed through self-organized groups in the 
arrangement of the luncheon and tlirough the 
cooperative work done in the various com- 
munity problems. The large materials afford 
opportunity for the physical and social devel- 
opment of the child. Individuality is expressed 
in the choice of materials. The Stanford- 
Binet tests are given to obtain the mental a.q-e 
of the child, and daily charts are kept on file 
for each child. Concentration and initiative 
are emphasized at all times. In Miss Mac- 
kenzie, a teacher of long experience and broad 
sym]3athy and understanding the kindergarten 
has as director one of the ablest in the State 
of California. 

The state branch school has as jiresidcnt 
Dr. William West Keni]), who assumed of- 



HISTORY (3F SANTA CLARA COUNTY 



fice on July 1. 1920. He succeeded Dr. Mor- 
ris Elmer Daily, who died July 5. 1919. after 
havins: served as president for nineteen years. 
Between July. 1919. and July. 1920. L. P.. 
Wilson, the vice-president, acted as president 
pro tern. A temporary assembly and gym- 
nasium and a cafeteria are amon.sf the latest 
impro^-eme^ts. The course of study eml^iraces 
everythino- necessary for the instruction of 
i;tudents who desire to be teachers. It em- 
braces, art. mathematics, music. Eng^lish, 
physical training, history, bookkeeping, house- 
hold arts, kindergarten, drawing, agriculture, 
geography, zoology, physiology, industrial 
arts, expression, psychology, civics, pottery 
and manual arts. The teaching force numbers 
sixtv-si.x. The average attendance of students 
for the year 1919 and 1920 was 300. 

The conversion of the Normal School into 
a State Teachers' College took place in 1921. 
The first term in October showed an attend- 
ance of 800. the largest of any similar institu- 
tion in the state. The institution having at- 
tained college status ofifers in addition to the 
regular courses, junior college courses. Plans 
for a new building have been adopted and the 
conditions for the home economics and manual 
arts departments will soon be bettered. The 
last named department will have courses in 
auto construction and repair, electrical wiring, 
plumbing, tinning, machine shop practice, 
foundry work, pattern making, cabinet mak- 
ing, carpentering, printing and mechanical 
drawing. The new building will face Seventh 
Street. 

College of Notre Dame 

The massive buildings and beautiful grounds 
of the College of Notre Dame, standing in the 
heart of vSan Jose, in no way indicates the 
small beginning from which they si>rung. In 
184'^ a band of devout Sisters estalilislied a 
mission school in the Willamette Vallev, Ore- 
gon. In 1851 other Sisters of the order start- 
ed frot-a Cincinnati to join in the work on the 
Willamette. They were to come by way of 
the Isthmus and Sister Loyola of Nouvain 
and Sister T.Iary of Nismes. came down from 
Oregon to San b'rancisco to meet them. Find- 
ing they would l^e compelled to wait some 
time for the arrival c,f the vessel from Panama, 
these Sisters accepted the hospitality of Mar- 
tin Murphy, of Mountain View. Thev looked 
thniugh the valley of Santa Clara and were 
charmed with its natural Iseauties and ad- 
vantages. At this time Father Nobili was lay- 
ing the foundations of Santa Clara College. 
He suggested that the Sisters establish an edu- 
cational institution in San Jose and the sug- 
gestion was supplemented by the urgent en- 
treaty of Martin Murphy and other citizens. 
The Sisters were easily ])ersuaded. They 



chose the present site for their building, pur- 
chasing at first a tract of ground 101 34 by 
]57y2 feet. There was no Santa Clara Street 
tlien and no improvements near the tract. San 
Jose had but twenty-six houses and they were 
nearly all on Market Street or further east. 
The L,ri-, mud was ijrown up with mustard and 
\veeils. tlir(i:it^li which an acequia. or water 
ditoli. fidweil slu',''gishly. Having made their 
choice of location the Sisters did not delay 
their work. Levi Goodrich, the architect, was 
empKn-ed. and in August. 1851, the school was 
in oj)eration. From this small beginning has 
arisen one of the great Catholic educational in- 
stitutions in the L^nited States. The founda- 
tions for the present main building were laid in 
18.^4. Mr. Kcruin was the architect, but hav- 
ing buildings under his direction in course of 
construction in other places, was not able to 
give proper attention to the San Jose build- 
ing. In consequence the chapel wing of the 
structure would have been a failure, had not 
Sister Loyola come to the rescue, and as archi- 
tect and overseer, calculated all the details. 
In 1855 the college was incorporated by the 
State Legislature and subsequently the same 
body so extended the original charter as to 
confer all the rights and privileges of col- 
legiate institutions in the United States. In 
1862-63 the main building and the eastern 
wing were completed. Tlie latter runs back 
to a depth of 250 feet. The west wing is 103 
feet deep. 

In 1866 Levi Goodrich erected the select 
school. In 1869 Theodore Lenzen continued 
the building and in 1876 Mr. Readney made 
the last addition and erected the day school. 
In 1900 the secondary department was accred- 
ited to the L'niversity of California, which 
lirivilege entitles its certified graduates to ad- 
mission without matriculation examinations, 
to the State and Stanford Lini\-ersities, to any 
^^'estern college and to the State Normal 
schools. 

The grounds of the college are spacious, 
artistically laid out and ornamented by choice 
shade trees, shrubbery, flowers and lawns. It 
is generally conceded that the college ofifers 
ideal conditions to the earnest student and is 
a paradise of opportunities for the lover of 
nature. The calm atmosphere in which the 
students dwell, in the midst of beautiful en- 
\ironment, the harmony of regularly recurring 
duties, the beauty and sublimity of the liturg- 
ical year, all are potent factors in deepening, 
rounding and refining character. 

The aim of the college is that of Christian 
education, as understood by the Catholic 
Church, not only in intellectual but in moral 
development. While maintaining a high stand- 
ard of study, the formation of character is the 
main object of the teaching given. 



218 



HISTORY OF SANTA CLARA COUNTY 



The college has a farm house and orchard 
on the Los Gatos road. Thus supplies of 
egj^s, vegetables and fruit, are daily avail- 
able. Notre Dame Villa, a charming estate, 
comprising 100 acres on the picturesque hills 
of Saratoga, adds a delightful recreation re- 
sort, health factor and natural botanical gar- 
den, to the resources of the college. 

The health of the students is an object of 
constant solicitude. Plain and wholesome fare, 
beautiful and extensive grounds, which af- 
ford opportunity for frequent exercise, fre- 
quent walks and excursions to points of inter- 
est — all conduce to develop and preserve 
health and strength. The students are also 
provided with out-door gaines, including ten- 
nis, basketball, volleyball and other athletic 
amusements. Daily open air drills in physical 
culture are given, and no student is relieved 
from physical training unless by written re- 
quest from her physician. In case of sickness 
the students are given the best medical at- 
tendance and care in well-kept infirmaries. 

To well-equipped buildings, laboratories, li- 
braries, etc.. the college adds the advantages 
accruing from opportunities to hear lectures 
in literary and scientific subjects by notable 
lecturers, as well as season concerts by world- 
famous artists. For class instruction and reci- 
tation the stereopticon and the balopticon are 
employed with most satisfactory results. As 
before noted the estate at Saratoga offers in- 
valuable opportunities for field work in the 
natural sciences. Excursions of this nature 
are likewise made to points of scientific in- 
terest in the valley. 

The government is mild but firm, as the 
happiness and mental development of the 
students are closely connected with good or- 
der. As the Catholic religion is professed by 
the members of the college, the exercises of 
religious worship are Catholic, but students 
of any denomination are admitted, provid- 
ed they are willing to conform to the general 
regulations of the school. 

The institution embraces the following de- 
partments : The Collegiate, consisting of the 
College of Letters and Social Science and the 
College of Music ; the Secondary, including 
four years of work preparatory to the Col- 
legiate course. Graduating honors are award- 
ed to students completing the work of this 
department; the Preparatory, including the 
work of the grades. Students completing this 
department receive certificates ; the Commer- 
cial department includes thorough courses in 
bookkeeping, commercial law, commercial 
arithmetic and correspondence, typewriting, 
stenography and stenotypy; diplomas are 
awarded. 

The Notre Dame Ci.llege of Music— a de- 



partment of the college — has, from its com- 
mencement up to the present time, maintained 
the highest standard of eflfort in this special 
educational field. The most distinguished art- 
ists of the season for concerts in the commo- 
dious Notre Dame Hall, are secured yearly. 

College of the Pacific 

The College of the Pacific is the oldest in- 
corporated educational institution in Califor-. 
nia. It was granted a charter by the Supreme 
Court July 10, 1851, under the name of the 
"California Wesleyan College." The board 
<if trustees at its first meeting, August 15, 
1851, voted to change the name to "The Uni- 
versity of the Pacific," and the Legislature 
sanctioned the change in a new charter granted 
March 29, 1852. The institution was known 
by this name until July 24, 1911, when, in ac- 
cordance with the changes in its plans and pur- 
poses, the name was again changed by court 
proceedings to the College of the Pacific. 
Until 1871, when it was removed to its pres- 
ent site, the University of the Pacific was lo- 
cated in Santa Clara. 

In the late '50s the University founded the 
first medical school in the state. This was 
afterwards incorporated as the Cooper Med- 
ical School of San Francisco. The school 
was later acquired by the trustees of the Le- 
land Stanford Jr. University and now forms 
its medical department. In 1896 Napa Col- 
lege, situated at Napa, Cal., was consolidated 
with the University of the Pacific and its grad- 
uates are now enrolled among the alumni of 
the College of the Pacific. 

The college was founded upon coeduca- 
tit)nal principles and women are admitted on 
precisely the same footing as men. In equip- 
ment and teaching force the college is pre- 
pared to give thorough instruction of colle- 
giate grade, to maintain high standards of 
scholarship, and in every way to carry out its 
aim to be a college of first rank, limited in its 
attendance to 500 students. It is located at 
College Park, a suburb of San Jose, on the 
main line of the Southern Pacific Railway and 
aliout ten minutes' ride by electric car from 
either San Jose or Santa Clara. The campus 
is two blocks from the old Mission road, the 
Alameda, now a part of the State Highway 
between San Francisco and Los Angeles, one 
of the most beautiful residence avenues in the 
state. 

The beauty and fertility nf the famous Santa 
Clara Valley, with its invigorating climate, 
give the surroundings of the college a pleas- 
ing and attractive aspect. The camjjus com- 
mands a view of both the Santa Cruz and Mt. 
Diablo ranges, which lie on ether side of the 
\alley. Twenty-eight miles away is Mt. Ham- 



HISTORY OF SANTA CLARA COUNTY 



219 



ilton, on the summit of which, reached by one 
of the finest and most picturesque drives in 
the state, stands Lick Observatory. 

In the spring of 1910 the college trustees 
purchased a tract of seven acres on the Ala- 
meda, two blocks distant from the old campus. 
Additional land, adjacent to this property, was 
later acquired. The president's home is now 
located on the new campus. Plans have been 
made to erect additional liuildings there as 
need may require. 

There are seven buildings on the college 
grounds. East Hall is a three-story brick 
Iniilding. The east wing of the third floor is 
used as a dormitory for men. The remainder 
of the building contains class rooms, labora- 
tories and library. South Hall was once used 
entirely as a dormitory for women. Owing to 
the growing needs of the conservatory, it is 
now ])artially adapted for the use of conserva- 
tory teachers and students. The Conservatory 
of Music is a large and well-appointed build- 
ing erected in 1891. It contains an auditorium 
with a seating capacity of 1,000. the offices 
of administration, teaching and practice 
rooms, and also the well-situated and pleas- 
ingly furnished rooms of the two of the wom- 
en's literary societies, Emendia and Sopho- 
Icctia. Helen Guth Hall is a beautiful dormi- 
tory for women. The building is modern, well 
equipped and furnished, and provides a com- 
fortable home for the women living on the 
campus. The gymnasium is constructed in the 
same style of architecture as the dormitory for 
women. It is situated in a eucalyptus grove 
and has a floor of standard size for athletic 
contests. It has well-appointed rooms and 
shower baths and is fully equipped for phys- 
ical training work. It also has an excellent 
stage for student productions. The Jackson- 
Goostall Observatory houses the astronomical 
instruments, the college safety vault and the 
office of the Pacific Weekly. Seaton Hall is a 
new building erected in 1915 to replace Cen- 
tral Hall, which was destroyed by fire. It con- 
tains the kitchen, an attractive dining room, 
rind a spacious and beautiful social room for 
the use of all the students. The president's 
house is a fine structure on the Alameda at 
Emory Street. 

The equipment is up-to-date and extensive. 
The burning of West Hall in June, 1914, de- 
stroyed practically the entire library of the 
college. But the insurance funds, supplemented 
by additional appropriations and generous 
gifts from many friends, have furnished the 
college with a new and up-to-date library. It 
contains over 9,000 volumes and valuable ac- 
cessions are being constantly received. It is 
now housed in the second floor of East Hall. 



The entire ground floor of East Hall is oc- 
cupied by the science departments. The phys- 
ics laboratory occupies a well-lighted room 
fitted with necessary tables, and furnished 
with gas and electricity. There is a good 
equipment in mechanics, heat, electricity, 
light, and sound for the general course in ex- 
perimental physics. The chemical laborato- 
ries have lieen rearranged and considerably 
enlarged. The fume hoods have been re- 
placed by a commodious outdoor laboratory 
having long tables furnished with gas and 
water. There are three laboratories, a balance 
room, a store room and a dark room. The 
biological laboratories are provided with the 
niost modern student equipment to be ob- 
tained and are particularly well located for 
ready access to fresh and living material in 
great variety and al)undance. The geological 
laboratories are well equipped. They ofi^er 
for study a collection of fossils, a complete set 
of the ^Vard series of casts, and a good supply 
of minerals, rocks, topographic maps, and lan- 
tern slides. 

The Observatory is furnished with a six- 
inch equatorial telescope, a four-inch portable 
telescope with altitude and asimuth mounting, 
a transit and zenith telescope, sextants, and 
other necessary equipment. The six-inch tele- 
scope was manufactured by Ahan Clark & 
Sons, and is furnished with all necessary ac- 
cessories, such as a driving clock, finely di- 
vided circles, filar micrometer. The transit 
and zenith telescope, manufactured by Messrs. 
Fauth & Company, is of the pattern exten- 
sively used on the U. S. Coast and Geodetic 
Survey. These instrunrents aflford ample fa- 
cilities for the study of practical astronomy. 

During the summer of 1910, a new pipe or- 
gan of exceptionally fine concert type, of three 
manuals, with all the latest improved mechan- 
ical attachments and combinations, was built 
for the Conservatory of Music by the W. W. 
Kimball Company of Chicago. It is the larg- 
est pipe organ in any Conservatory of Music 
west of Chicago and one of the largest pipe 
organs in California. To meet the needs of 
the increasing pipe organ classes, a two man- 
ual pipe organ, formerly belonging to the First 
Methodist Church in San Jose, and given to 
the college by that church, was entirely re- 
liuilt, and is installed in the College Park 
Church adjacent to the campus. 

The college stands for moral culture and 
the growth of character. Its government rests 
upon the principle that self-control is the cen- 
tral power in a highly developed life. Rules 
are few- and simple and are designed to protect 
and assist the students in making the most of 
their college life. The social life of the col- 
lege is pleasant and helpful. Friendship is 



220 



HISTORY OF SANTA CLARA COUNTY 



fostered between the faculty and the students. 
In general the students are given such free- 
dom as will not interfere with their class work 
or allow them to lose sight of the fact that the 
primary object of attending college is study. 

Students are admitted to the college with- 
out condition as to religious belief or church 
membership. But all patrons, whatever their 
views concerning religious doctrines and social 
usages, are e.xpected to recognize the spirit 
and purpose of the college as indicated in its 
history, and to cooperate in promoting its en- 
deavors in the field of education. Unless ex- 
cused for good reasons, students are required 
to attend assembly exercises, not only because 
these exercises consider the spiritual needs of 
the college community, but also because they 
conserve the unity of student life, and give an 
opportunity for announcing college events and 
promoting college interests. Students are ex- 
pected to attend church at least once each 
Sunday and to observe the day in a proper 
manner. 

The courses of instruction include ancient 
languages, philosophy, history, religion, poet- 
ry, astronomy, biology, zoology, ])hysiology, 
botany, embryology, neurology, bacteriology, 
chemistry, assaying, economics, geography, 
commerce, psychology, pedagogy, engineer- 
ing and applied mathematics, geometry, Eng- 
lish, German, French, geology, graphic arts, 
music, physics, public speaking. Old Testa- 
ment history, Spanish and lectures. 

An adjunct of the college is the College 
Park Academy, J. William Harris, principal, a 
preparatory or high school department of the 
college. It fits for college entrance in the 
classical, scientific and engineering depart- 
ments. 

The number of students, accredited to the 
college in 1922 is as follows : College of Lib- 
eral Arts, 350; Conservatory of Music, 173; 
School of Art, 41; School of Expression,, 52; 
Academy, 73; repeated names, 211. Tully 
Cleon Knoles, A. M.. D. D., is the president of 
the college and under him are forty-five 
instructors. 



In 1921 an offer from Stockton for the re- 
moval of the College to that city was accepted. 
It will be some time, however, before the new 
buildings for the College can be erected. 

Other Institutions 

Prior to the earthquake of April 18, 1906, 
St. Joseph's grammar school was maintained 
in a building at the rear of St. Joseph's 
Church on the northeast corner of Market and 
San Fernando Streets. The 'quake did such 
damage to the building that a removal to an- 
other place became necessary. A site was pur- 
chased at the northeast corner of Park Ave- 
nue and Vine Street, the grounds running to 
the corner of Locust Street. On the tract two 
large buildings, one for boys and one for girls, 
were erected. The school is now conducted 
by the Brothers of St. Mary and Rev. Father 
Adam, S. M., is in charge as principal. In ad- 
dition to the regular high school and gram- 
mar courses, with their moral and religious 
influences, there are fine playgrounds, two 
moving picture outfits, a wireless system of 
telegraphy and a spacious auditorium. It is 
the intention to provide in the near future a 
wireless telephone station. There are fifteen 
rooms in each school with laboratories, dor- 
mitories, etc. The pupils of both schools 
nvunber 700. In the girls' grammar school 
the eighth grade graduates are entitled to ad- 
mission to the College of Notre Dame. 

The Church of the Holy Family (Catholic) 
maintains a convent at 136 Vine Street. Here 
the Italian contingent find everything neces- 
sary for religious and scholastic work. 

In the matter of private schools San Jose 
is provided with Heald's Business College, the 
Garden City Business College, several Con- 
servatories of Mvisic, the International Corre- 
spondence School, and many small schools of 
music, dancing, elocution and dramatic ex- 
pression. There are ninety-one public schools 
in the county, outside of San Jose. Miss 
Agnes Howe is the County Superintendent, 



CHAPTER XXII. 

The Public Utilities of San Jose — The Early Service of the Gas and Electric 
Companies — The San Jose Water Company and Its Sure and Steady Pro- 
gress—The Street Railways In and Out of the City — The Post Office. 



In 1860 San Jose was large eni)ugh to war- 
rant the introduction of illuminating gas. On 
October 6 of that year James K. Prior, 
Thomas Anderson and James Hagan formed 
the San Jose Gas Company. This corporation 
had a capital stock of $21,000 and the period 
of existence was fixed at forty years from 
the date of the filing of the certificate. Gas 
was first lighted in the city on January 21. 
1861. It was supplied to eighty-four custfim- 
ers. There were seven street lights. The 
price of gas was ten dollars per 1000 cubic 
feet. The sales of gas for the first year 
amounted to 165,000 cubic feet. Railroad com- 
munication between San Francisco and San 
Jose was not estalilished until 1864. Before 
that date coal was brought to Alviso in sailing 
vessels or in barges and from Alviso landing 
to San Jose, a distance of nine miles, over 
roads which were in bad condition at all seas- 
ons of the year and during wet weather were 
impassable owing to the overflow of streams 
which enter the bay at or near Alyiso. Dur- 
ing the periods of overflow the coal used for 
gas making was carried from Alviso on pack 
mules. It is recorded that often these mules 
with their burden of coal woidd be swept 
away by the torrent while fording some 
stream and both mule and coal lost beyond 
recovery. So there is ])rol)a1)ly quite a de- 
posit of coal and mules some\vhere in the 
Alviso flats. 

The first gas holder built in San Jose 
had a capacity of 8000 cuImc feet. The mater- 
ial used in the construction of its tank was 
redwood planks three inches thick. This gas 
holder was in continuous use for twenty-eight 
years. When torn out in 1888 the redwood 
tank was found tn l)e in as good condition as 
when it was built. Some cif these