GC
979.401
Sa68f
1158673
M,
QENEAL.OGY COUL.ECTION
1833 01102 7890
lilllllHIWllllll— IMMi— I^IMMI
^ Ramblings in Romance f
Last week R. R. Stuart was telling us of the
time when he was on the trail of a copy of the
Santa Clara volume "Pen Pictures of the
Garden of the World" which contained an intro-
' duction by Judge David ' Belden. The search
I took Stuart to a farm near Coyote and uncov-
ered not only the book but a coincidence. The
book was found discarded with rubbish and
when Stuart offered a dollar the woman of the
j farm was surprised. Then she turned the pages,
! saw what it was and said, "If grandfather's
I write-up is in this book I wouldn't sell it at
any price." "I don't think you'll find your
grandfather's biography in this book," I replied.
"You'll find that in the Santa Clara County
history which was published in 1881." "She
was referring to Orvis Stevens," says Stuart,
"who came to California in 1852. After a pre-
liminary year in the mines on the Yuba River
I and some farming and stock-raising experience
; in another part of the State, he had moved to a
farm in Santa Clara County. Along about 1875,
he rented the 'Twelve-Mile House' and for a
number of years operated a store, blacksmith
shop and postoffice in connection with the hotel.
The old inn still serves the public at Coyote.
As she stood thumbing through the leaves,
something green and crisp slipped out and flut-
tered to the ground. It was a five-dollar bill.
At first she appeared to think I was in some
way mixed up with the money, but since that
didn't make sense, the solution finally occurred
to her. The book had belonged to her parents,
and years before when she was a girl and lived
at home, her mother had said to her one day:
'I've put five dollars in the Bible, and I can't
find it.' Accordingly they got down the Bible
• and the whole family had taken turns in search-
' ing for the bill. It was never found, and many
and sinister had been the suggested solutions
of the mystery. Of course, the mother had con-
fused the two big books, and the bill had lain
hidden all these years. Under the circum-
stances, she was glad to sell the history for
$1.00, since she was, in reality, getting $6.00 for
, something she had thrown away."
.^■
^^
PICT
KHOIwI TliE
CJi^^
ardep of tl^i^
■^^^
Sahta Clara County, California.
Containing a History of the County of Santa Clara from the Earliest
Period of its Occupancy to the Present Time, together with
Glimpses of its Prospective Future ; with Profuse Illus-
trations of its Beautiful Scenery, Full-Page Por-
traits of Some of its most Eminent Men,
and Biographical Mention of Many
of its Pioneers and also of
Prominent Citizens
of To-day.
Edited by H. S. E^QOXE^ .
*
CHICJ^GO:
Xlie Le^sfis Publistiingf Corqpariy.
1888.
-^w^
Piisiiiii
~^^
1158673
iENERAL iilSTORY.
General Description 17, 26
Native Races 27
Spanish Occupation 2S
Mission of Santa Clara 28, 29, 31
Pueblo of San Jose 29, 30
Vancouver's Report
Alameda 31, 119
Early Spanish Customs
The Rodeo 32
The Matanza 33
Architecture 33
Agriculture 33
Laws, etc 35
Church at the Pueblo 35
Secularization of the Mission 36
First Census (Mexican) 36
First Foreigners 37,38, 58
The Murphy Party 38
Schallenberger's Story 48
Donner Party 58
Micheltorena War 63
Mexican War 63
Battle of Santa Clara 67
First American Flag 68
Discovery of Gold 70
San Jose as Capital of the State 71
Grandma Bascom's Story 71
The First Constitution 72
The First Legislature 74
California Admitted as a State 74
County Boundaries 75
County Government, etc 75, 76
Land Titles.. 76
Private Land Agents 76, 77, 216
Grants to the Pueblo 77
Mission Grants 78
Suertes 78
Settlers' War 80
Survey of City of San Jose 80
Five-hundred-acre Lots 81
Bench and Bar 82
The Press 102
Political Record 109
Roads and Highways 119
Railroads 123
The Lick Observatory 1 26
Old Landmarks 135
Santa Clara County in the War 137
County Institutions 139
Court House 139
County Jail 140
County Hospital 140
Almshouse. 141
Schools 142
State Normal School 143
Santa Clara College 144
College of Notre Dame 144
University of the Pacific 145
Leland Stanford, Jr., University 145
Garden City Business College 145
City Government of San Jose 147
City Officers 151
Fire Department 154
River Improvements 158
Sewerage System i5o
Financial Operations of the County 162
Petroleum and Natural Gas 164
Agricultural Society 167
History of Horticulture 170
History of Viticulture 180
Quito Oilve and Vine Farm 184
Churches — San Jose 186
Artesian Wells 189
Banks— San Jose 190
Societies — San Jose 192
Manufacturing Industries 195
Fredericksburg Brewery 197
Street Railroads 201
Gilroy 201
Santa Clara 205
Los Gatos 208
Saratoga 212
Lexington 213
Alma 213
Wrights
Milpitas
Al viso
Mountain View
213
2«3
213
2H
Mountain View Station 214
Mayfield, . . 214
New Almaden Quicksilver Mines 214
Post-office 216
Board of Trade, San Jose 670
Hotel Vendome, San Jose 670
Public Improvements 67I
The Death Penalty 672
Temperature 672
""^^eXs^
lIOGRAPHICAL SKETCHES.
Adams, T. B 275
Agnew, Abram 445
Ahlers, Henry C 380
Ainsworth, William 530
Albee, O. J 467
Alexander, W. G 307
Allen, S. R 477
Alley, O. F 578
Allison, O. U 663
Allison, W. D 384
Anderson, Neil 628
Anderson, Philip 530
Angney, W. Z 313
Apperson, R. W 443
Aram, Joseph. 553
Archer, Lawrence 90
Argall, F. L 404
Arnerich, Mateo 420
Arnold, Mrs. 351
Arthur, J. C 455
Arthur J. G 595
Ashley, A. N 530
g hley, John T 529
C0N7ENTS.
.. 5'6
Askam, O. P
Atkinson, W. W 608
Austin, CD 328
Austin, D. B 306
Auzetais, John E 5^3
Ayer, S. F 5«
Babb, Clement E.
Babb, JohnP
Bachman, B. F. . .
Badger, John W.
Bailey, D. C
Baker, R. J.
251
..... 252
321
453
650
451
Balbach, John 5^9
Baldacci, S 508
Ball, Peter 645
Ballard, F. D 442
Ballou, J. Q. A 227
Baltz, Peter 404
Banks, RoUa 322
Barker, A. M 368
Barker, S. A 99
Barnes, Thatcher F 485
Barney, John W 256
Barron, Edward 49°
Bartlett, B. L 316
Barton, Joseph 267
Bassett, Bruce A 354
Bassignano, V 635
Baumgartner, F. A 39°
Beach, E. F 5^4
Beach, Tyler 506
Beal, G. P 4°°
Beans, T. E 19°
Beauchamp, William 478
Beaumont, J. B 598
Beaumont, J. M 599
Beck, M. W 288
Belden, David 84
Bellew,M 221
Bennett, A. G 398
Bennett, Wirt K 557
Benson, Henry M 378
Berghauser, J. G. F 439
Bergin, John J 646
Berreyessa, J.J 488
Berryman, Arthur 326
Besse, H. T 459
Billings, Moses F 432
Bishop, Samuel A 657
Bitancourt, A. 1 606
Blabon, W. L 316
Black, John C 94
Blackmar, F. W 44°
Blaine, George 655
Blake, D. H 469
Blake, F. W 106
Blakemore, C. L 365
Blanchard, W. W 200
Block, Abram 264
Bodley, Thomas 634
Bohlmann, Frank 348
Bollinger, A.J 465
Bollinger, Christian 565
Booksin, Henry 369
Booksin, L. A 43°
Boots, William 275
Bopp, Charles F 454
Boring, S. W 601
Boulieu, Oliver 281
Boulware, J. W 637
Bowden, Nicholas 97
Bowdish, M. S 306
Bowman, George M I75
Boyce, D. S 229
Brackett, Nathaniel 466
Bradley, E. L 368
Brady, James 358
Branham, B. F 5'8
Branham, Isaac 49'
Breyfogle, C. W 191
Bridges, Frank 573
Briggs, John G 572
Briggs, Jos. W 572
Briggs, M. C 286
Briggs, R. S 25s
Brill, John W 377
Brimblecom, F. A 294
Britton, Ephraim 468
Britton, F. F 273
Britton, Martin 273
Bronaugh, C. A 607
Broughton, S. Q 55'
Brown, Frederick 59'
Brown, George M 483
Brown, Joseph E 392
Brown, W. D 664
Browne, George C 643
Bruch, Charles 590
Brunst, Frank 379
Bryan, J. W 312
Bryant, B 333
Bubb, Benjamin T 237
Buck, F.E 666
Buckner, R. B 92
Bull, George P 235
Bulmore, R. R 335
Burchard, D. W 96
Surges, Tristam 475
Burns, B. E 60;
Burrell, C 59'
Burrell, James B 266
Burrell, Lyman J 263
Butcher, Mrs. E. A 483
Byron, George 447
C
Calderon, A 33^
Caldwell, Robert 234
Calkins, Mark 276
Campbell, Benjamin 526
Campbell, J. H 96
Campbell, William 525
Canney, J. D 566
Canright, F. P 5^5
Carrel, Henry 439
Carpenter, H. F 291
Carson, George 595
Cash, A.B 545
Castro, C 350
Cavallaro, L. S 372
Chandler, Mrs. A 291
Chapman, A. L 573
Chase, F. W 299
Childs, C. W 338
Childs, W. W 337
Chipman, L.J 473
Chrisman, A. P 593
Christian, John 405
Church, Jer. B 253
Chynoweth, Louis 344
Cilker, John 307
Clark, E. A 506
Clark, Mrs. Sylvia 656
Clark, Walter A 516
Clarke, Ira P 640
Clayton, James A 359
Coe, S. A 647
Coffin, D. W 471
Coil, Alex 63s
Collins, R. E 377
Colton, A. D 434
Colombet, C 559
Combs, J. W 200
Conant, T 388
Coney, B. G 322
Conklin, E. B 525
Cook, C. C 396
Corcoran, F. L 355
Corey, Benjamin 247
Corey, C. H 503
Cottle, Frank 419
Cottle, Ira 419
Cottle, Martial 352
Cottle, Royal, Sr 4>8
Cottle, William J 532
Cottle, Warren 334
Cottle, W. 580
Courtney, J. T 236
Cowan, W. W 544
Cox, William 618
Cozzens, W. W 617
Craft, Benjamin 471
Crandall, A. W 97
Crittenden, Orrin 3^9
Cropley, C. H 45«
Cross, George 652
Crossley, John P 274
Crowley, James 589
Cummings, E. C . . . 589
Cunningham, Joseph 323
Curnow, J. R 390
Curtis, Perry 57'
Cutler, C. W 4'°
Dahlstrom, Leopold 290
Daniel, J. A. P 647
Darling, E. W 583
Davies, E. H 292
Davis, I. M 362
Davis, S. B 487
Davison, E. A 328
CONTENTS.
Dawson, E. L 17S
Dawson, J. M 174
Day, J. C 422
De Crow, W $88
Deidrich, R. V 494
De Lacy, H. A 104
De Lacy, S. W 104
Delaney, E.J 388
Denning, Alfred 245
Dennis, Aaron 638
Dent, Rawley E 514
Derenne, A. D 647
Dewar, R 588
Dickenson, J 588
Dilley, J. S 279
Distel, B 347
Doerr, Charles 5S7
Donnely, T. H 244
Dornberger, L 24S
Downing, N. H 2S0
Dreischmeyer, F 584
Dubs, Michel 626
Dudley, J. P 412
Dunn, Frank 484
Dunne, Mrs. C 494
Durkee, D.,Jr 571
E
Eastin, James W 649
Eberhard, Jacob 286
Edwards, H. W 507
Edwards, W. A. Z SS5
Einfalt, R. G 106
Ellsworth, John H 592
Emlay, H. F 335
Enright, James 575
Erkson, William 639
Evans, E. H 264
Evans, Josiah 651
F
Farley, Eben C 500
Farney, Mark 521
Farr, Henry 31S
Farrell, M.. Sr 467
Farrington, A 433
Farwell, F. M 312
Fatjo, Antonio 285
Fellon, J. A 628
Ferguson, L. C 328
Field, A. G 668
Fieldsted, C 269
Fine, Mrs. Louisa 2S9
Finigan, L 403
Finley, James 220
Fisher, J. E 260
Flickinger, J. H 177
Fleming, George A 538
Foster, Joseph 559
Fowler, J. S 631
Fox, B. S ... 172
Fox, R. D 414
Francis, Louise E 106
Franck, F C 497
Francois, C 630
French, C. A 618
Frink, Daniel 517
G
Gaffany, Owen E 315
Gallagher, A. T 464
Galpin, P. G 324
Gardner, G. W 432
Gartelmann, D 310
Gaston, A. A 372
Gay, M. H 346
Geiger, William C 622
Gibson, M. S 44S
Gillespie, T. J 508
Gillespie, W. W 400
Gish, David E 440
Glendenning, Robert 222
Goodenough, S 434
Goodrich, E. B 225
Goodrich, E. E 181
Goodrich, Levi 1 225
Gordon, J. E 311
Grant Bros 271
Grant, John T 260
Grant, Robert 575
Graves, Jacob 48 1
Graves, Sylvester 433
Green, William H 396
Greenawalt, D 436
Greeninger, A 636
Gregory, S. 632
Gribner, Mrs. P 382
Griswold, Benson 533
Gruwell, U. L 566
Gussefeld, William 405
H
Hagan, C. A 631
Haines, C . T 402
Haines, N. J 473
Hale, O. A 380
Hall, Horace B 567
Hall, J. U 261
Hall, Nathan 319
Halsey, George M . . 627
Hamilton, Frank 568
Hamilton, James A 625
Hamilton, L. E 303
Hamilton, Zeri 463
Hammond, W. H 367
Handy, G. W 266
Hannon, Patrick 442
Harry, James 335
Hart, Conard 352
Harlman, C . H 624
Hatman, F. D 399
Hawley, William 421
Hayes, Mary A 254
Headen, Benjamin F 249
Hebard, Lewis 320
Helliesen, C. F. A 624
Hensley, John R 457
Herbert, William B 497
Herriman, J. R 266
Herrington, D. W 93
Herrington, Irving 288
Herrmann, A. T 364
Herrmann, C 366
Hetty, John 290
Hicks, Bedford 294
Hildebrand, A 304
Hills, Miles 379
Hinman, R . W 623
Hirst, A. C 375
Hobson, David 486
Hobson, T. W 568
Hodges, P.C 332
Hogg, H. C 300
Holland, S 644
HoUenbeck, B. W 616
Holloway, E. A 334
Holsclaw, M. T 341
Holthouse, E. H 480
Hooker, A. O 396
Hornberger, J. A .• 233
Hostetter, G. K 478
Houghton, S. 89
Hourecan, John 325
Howe, I. D 386
Huggins, A. G 384
Hughes, William P 107
Hull, James F 243
Hunter, A. B 250
Hutchinson, J. C 326
Hyland, M. H 98
I
Ingall, Sarah T 585
Ingleson, Charles 486
Ireland, William H 482
J
Jackson, A. J 535
Jackson, F. M 301
Jarvis, G. M 397
Jefferds, F. G 476
Jenkins, G. C 529
Jewell, F. F 283
Johnson, Julian 536
Johnson, J. W 490
Johnson, Peter 660
Johnson, S. R 242
Johnston, John 544
Jordan, M. C ! . 528
Jordan, P. H., 6c Co 504
Josselyn, J. H 401
Judd, C. A 403
Judson, H. C 444
K
Kammerer, A 540
Keesling, H. G 383
Keesling, T. B 517
Keith, P. G 641
Kell, M. D 435
Kelley, Thomas 648
Kelly, J. H 410
Kelty, Thomas. . .' 5S0
Kennedy, J. F 496
Kenyon, J. M 437
CONTENTS.
Kerloch, M 43°
Kerr, William C 6l6
Kerwin, Thomas 454
Kifer, S. H 272
Kimberlin, J.M 534
King, A. L 594
Klee, John 57^
Klein, Norman 399
Knowles, F. W 3«8
Knowles, John 292
Koch.J. P 579
Koch, Valentine 644
Kooser, H. H 40S
Krahl, L. W 461
Krumb, Louis 387
Kundert, B 628
Kuns, H. L .. 623
Kunz, F. W 359
L
Lake, Albert 394
Lamar, J. B IC30
Lamolle, Madam V., & Co 367
Langford, P. S 305
Langford, R. J 623
Larson, Paul 578
Lasette, M. A 247
Lauck, George 282
Laurilliard, A 627
Lawrence, A. C 479
Lebrun, Charles 622
Leeman, F. C 476
Leeman, W. H 476
Le Fevre, William 626
Leib, S. F 93
Leigh, Hugh A 489
Lendrum, A 233
Lendrum, James 233
Lendrum, William E 648
Lenzen, Jacob 363
Lenzen, Michael 621
Lenzen, Theodore 621
Leonard, H. M 257
Lester, Nathan L 576
Lester, William 1 450
Lewis, John F 354
Lillick, Henry 574
Lingley, W. L 305
Linquist, J. A 618
Little, Horace 348
Lobdell, Frank 299
Logan, A. P 270
Lord, Hersie F 406
Lord, J. H 488
Loryea Bros 515
Loupe, Louis 627
Love, C. W 280
Lovell, Ira J 52:
Lowe, James R 95
Luke, N. G 227
Lundy, D. S 583
Lupton, J. F 441
Lynch, George W 593
Lynch, Michael 259
Lyndon, James 303
Lyndon, J. W 301
M
Macabee, Edward 327
Machado, John 584
Madonna, 1 344
Main, H. H 104
Malcom, James 317
Malovos, Andrea 268
Malpas, A 586
Manly, W. L 502
Martin, John 504
Martin, Patrick 491
Martin, Z. H 586
Marvin, Charles 355
Massol, Fen 655
Maynard, Mrs. H. G 308
Maxey, T. J 539
McAfee, A. F 283
McBride, Mrs. Georgie 452
McCabe, A. M 395
McCarley James A 382
McCarley, William B 382
McCarthy, Joseph 425
McCarthy, Martin 629
McCaughin, W. J 344
MeComas, Rush 363
McCubbin, R 570
McCurrie, J. P 339
McDonald, J. W 298
McDonald, Michael 414
McGuire, Lyman 619
McKee, J. O 519
McLaughlin, E 192
McLellan, D.J 596
McMillan, J. G 348
McMurtry, William S 619
McNeal, G. B 308
McNeil, A. B 398
McPherson, A. L 524
McPherson, R. C 164
McWilliams, A. S 413
Meade, Mrs. E. S 378
Meads, John W 558
Menzel, R 580
Mercier, Jules 639
Merithew, J. C 633
Messing, Henry 494
Miller, James 56
Miller, J.J 342
Miller, S. B 296
Miller, William C 443
Millikin, John 560
Millikin, Samuel 561
Mills, L. R 258
Mitchell, T. W 178
Mockbee, J. S 664
Mocker, William 630
Montgomery, J. W 323
Montgomery, T. S 253
Moodie, R. C 211
Moody, A. E 390
Moody, D. B 503
Moore, P. C 558
Morey, H. C 328
Morgan, John 5^4
Morrell, H. C 599
Morrow, Wm. C 103
Morse, C. C 561
Moulton, S. A 527
Moultrie, J. A 9°
Murdock, John 3°9
Murphy, Bernard 56
Murphy, B. D 613
Murphy, Daniel 56, 639
Murphy, Ellen 5^
Murphy, James 55
Murphy, John M 5^
Murphy, William 581
Myall, Edward 5^1
N
Nace, John A 287
Neben, E. T 403
Newhall, S 43«
Nicholson, A 302
Nicholson, George 455
Nplting, F 534
Normandin, A 4°°
Northern, W. L 602
Norton, John P 45°
Norwood.J.G 55'
O
Oberdeener, S 285
O'Brion, C. F 350
Ogier, James H 219
Oldham, W. Frank 597
O'Neil, Timothy 200
Osborne, A. E 361
Osborn, Thos 452
O'Toole, Elizabeth 34;
Otter, Karl 510
Ousley, George W 381
Owen, Charles P 376
P
Page, G. W 509
Palen, Maria 415
Park, M. C 298
Parker, Charles 235
Parker, James S 661
Parker, L. F 416
Parr, Charles 237
Parr, Edward N 249
Parrish, E.J 319
Parsons, M. E 425
Patrone, P 632
Patterson, A 448
Paul, Sylvanus S 245
Pearce, W. L 602
Peard, J.J 477
Peck, Wesley 296
Pender, Wm. R 460
Penniman, A. C 600
Perkins, P. C 603
Perkins, Wm. F 641
Petersen, T. W 401
Pettit, E. T 462
CONIENIS.
Pfister, Adolph 357
Pfister, F. M 99
Phegley, J. F 534
Phelps, C. A 239
Phelps Bros 339
Phippen, J. S 347
Pieper.J. H 562
Pierce, R. E 368
Pillot, John E 596
Pinkard, E. N 288
Pitkin, C. A 387
Pittman, James M 651
Place, Elvert E 590
Polak, Jacob 509
Polhemus, Charles B 357
Polhemus, George B 360
PoIlard,L.W 555
Pollard, W. D 262
Pomeroy, Hiram 474
Ponce, J. P 643
Porter.D. J 375
Potts, F. S., Jr 594
Potts, J. S
223
Price, Elijah 327
Pullan, H 552
Pyle, E. G 604
Pyle, Thomas 231
Quinn, Wm 346
Quivey, James 349
Randall, Azro 228
Raney, Felix 513
Ransom, J. W 385
Rea, Samuel 333
Rea, Thomas 336
Reed, W. D 564
Reinhardt, H 37 1
Rengstorflf, H 417
Reynolds, John 88
Rice, William 316
Riddell, D. C 393
Riddell, Speer 394
Riehl, Adam 531
Righter, F. M 407
Roberts, George 272
Roberts, W. H 563
Robinson, Amos 340
Rodgers, J. C 459
Rogers, F. S 309
Rose, Abraham 608
Ross, John E 418
Ross, Marcellus 409
Ross, N. L 535
Ross, William 416
Rucker Bros 604
Rucker, J. E 605
Rucker, W. B 262
Rutledge, R. F 424
Ryan, Michael 554
Ryder, B. L 98
Ryder, G. W 667
Sage, Lewis A 377
Saisset, P., de 662
Sanders, S. P 450
Sanor, Michael 449
Sargent, J. P 665
Saxe, A. W 278
Schallenberger, Moses 56
Schemmel, Henry L 246
Scherrebeck, T. J 653
Scherrer, George 383
Schiele, Charles M 495
Schilling, F 646
Schloss, Louis 457
Schnabel, Ernst 465
Schneider, Fred A 524
Schoof, Gerhard 366
Schroder, Albert 505
Schulte, Bernhart 273
Scott, Henry 224
Scott, James 556
Scott, William 543
Scott, Wm. H 629
Sears, A. E 300
Sears, Henry 563
Seely, C. R 240
Seifert, George W 499
Selby, J. S 438
Senter, German 279
Settle, C. T 577
Seybolt, George L 423
Shafter, F. R 456
Shafter, J. D 256
Shannon, Thos 408
Shaw, W.J 240
Shaw, Isaiah 598
Shelly, William 424
Shore, T. B 445
Shore, Wm. C 304
Shortridge, CM 102
Sinnott, John 547
Skinner, David E 431
Skinner, Morris 446
Smith, Bradley 546
Smith, C. C 229
Smith, Jacob 6n
Smith, W. L 474
Snedaker, H 407
Snow, George W 429
Snyder, George W 411
Snyder, Jacob 606
Snyder, John 353
Spaulding, J. S 633
Spence, A. A 4^3
Spence, D. J 505
Spenee, R. B 373
Spencer.F. E 86
Spencer, H. A 620
Spencer, J. N 642
Spencer, Wm. E 247
Spitzer, L. A 609
Spring, T. W 39,
Steiger, Andrew 5 u
Stierlin, C. C 669
Stewart, G. W 457
Stock, John 513
Stockton, S. P 538
Stone, L. D 582
Stonier, J. H 224
Stout, J. C 612
Sullivan, Michael 242
Sullivnn, M. R 582
Sullivan, P. G 297
Sund, Herman 587
Sutherland, Wm 542
Swall, George 519
Sweigart, J 613
Swope, Jacob 470
Swope, Jacob, Jr 470
T
Taaffe, M. J 259
TaafTe, W. F 356
Tait, Magnus 320
Tantau, F. W 541
Tantau, Matthew 541
Taylor, E. L 327
Taylor, James 3,5
Taylor, S. P 637
Templeton, S 319
Theuerkauf, F 540
Theuerkauf, Miss M 520
Thomas, Chas. G 548
Thomas, E.M 458
Thomas, George E 548
Thomas, Massey 611
Thomas, R. A 543
Thompson, J. F 103
Tilden, Mrs. S. E 277
Tillotson, H 542
Tisdale, W. D 191
Tomkin, A. R 374
Topham, Edward 438
Tourny, Julius 598
Towle, G. W 284
Towne, Peter 643
Townsend, J. H. M 57
Townsend, John 57
Trautham, W. H. B 108
Treanor, Thos 666
Trefren, J. L 343
Trimble, John 230
U
Umbarger, David 253
V
Vance, Thomas 370
Vandegrift, C. W 617
Van Fleet, A. N 289
Van Schaick, H. D 204
Varcoe, James 332
Vestal, D. C 371
Veuve, Wm. P 100
Vostrovski, J 391
Wade, C. E
... 536
CONTENTS.
Wade, E. H 269
Waite, John 351
Wakefield, L. H 596
Wakelee.C. H 654
Walker, Robert 321
Wallis, J. S 91
Walters, Henry 663
Warburton, H. H 241
Ward, W. F 645
Warden, B. A 107
Warren, Wm 34S
Watson, Daniel W 421
Watson, D. L 662
Watson, Wm. 531
Weber, C. M 331
Wehner, Ernest 532
Welburn, O. M 340
Welch, G eorge 365
Welch, Robert , 429
Weller, J. R 220
Wenstrom, John 259
Wentz, Christian 308
Wert, Frank A 550
Wetmore, J. A 246
Whipple, T. S 395
Whitehurst, J. S 244
Whitney, George 343
Wilcox, E.J 597
Wilcox, Harvey 324
Wilcox, I. A 329
Wilder, A. E 311
Wilder, E. A 310
Willett, Larry 472
Willey, Howard 334
Williams, C. W 105
Williams, J. E 261
Williams, S. R 5'5
Wilson, Mrs. E. A 423
Wilson, C. G 356
Winsor, John 549
Withrow, A. A 392
Wood, A. H 480
Wood, David 342
Wood, Helen P 415
Woodhams, A. R 428
Woodhams, Joseph 428
Woodrow, W. L 265
Woodruff, L. D 460
Worcester, H. B 145
Worthen, G. W 426
Worthington, C. H 549
Wright, CD 94
Wright, James R. . 302
Wright, William 231
Y
Yocco, Edward C • 5J4
Young, C. W 547
Z
Zanker, W 544
Zuck, James C 341
PORTRAITS.
Angney, W. Z 313
Aram, Joseph 553
Balbach, John 5^9
Belden, David Frontispiece
Bishop, S. A 657
Boring, S. W 601
Boulieu, Oliver 280
Boulieu, Mrs. Oliver 281
Breyfogle, C. W 191
Britton, M 273
Cash, A. B . . 545
Childs, C. W 338
Chipman, L. J 473
Crittenden, Orrin 369
Cross, George 537
Dawson, J. M I74
Eastin, James W 649
Faniey, Mark 521
Fox, B. S 414
Goodrich, L 225
Graves, Sylvester 433
Graves, Jacob 48 '
Hamilton, J. A 625
Headen, B. F 249
Herbert, W. B 497
Johnson, Peter 505
Keith, P. G 641
Langford, P. S 305
Lendrum, James 233
Leonard, H. M 257
Lupton, J. F 441
Martin, Patrick 49'
McCarthy, Joseph 425
Murphy, James 55
Murphy, Martin 38
Ogier, J. H 219
Osborne, A. E 361
Potts, J. S 223
Raney, Felix 513
Rengstorff, Henry 417
Ross, Marcellus 409
Sanor, M 449
Sargent, J. P 665
Schloss, Louis 457
Scott, W. H 629
Senter, German 279
Settle, C. T 577
Snyder, John 353
Spaulding, J. S 633
Spitzer, L. A 609
Sullivan, P. G 297
Taylor, S. P 46S
Van Fleet, A. N 289
Warburton, H. H 241
Wilcox, L A 329
Woodrow, W. L 265
ILLUSTRATIONS.
Residence of the Late David Belden 84
Residence of Oliver Boulieu 283
Residence of F. F. Britton 273
Prune Orchard of A. P. Chrisman 593
Santa Clara County Court House 139
Fruit-drying Establishment of W. W.
Cozzens 617
Fredericksburg Brewery •. . 197
Residence of the Late B. F. Headen, . . . 249
Shady Nook Home, Residence of Mrs.
S. T.Ingall 585
Glen Wildwood, Residence of J. H. Joss-
elyn 401
Residence and Orchard of H. A. Leigh. 489
Lick Observatory 126
Ringwood Farm, Residence of the Late
James Murphy 56
Quito Olive Farm, Property of E. E.
Goodrich 180
Residence of J. W. Ransom 385
Residence and Orchard of D. C. Riddell 393
San Jose Sewerage Map 160
Congress Hall, L. A. Sage Proprietor... 212
Fair View Farm of A. N. Van Fleet 289
Residence of Robert Walker 321
Farm and Vineyard of William Warren. . 345
! JLS IT IB no^yy^.
BY HOM. IDJL^^IID BE^r^IDKN.
r//£: FOLLOIVING SKETCH OF THE SANTA CLARA VALLEY IVAS PUBLISHED /A
OF SAN FRANCISCO, JUNE, iS»!.
THE OVERLAND MONTHLY
TO the visitor approaching the Santa Clara Valley,
each mile traversed ushers in some delightful
surprise, introduces a new climate. If his advent be
from the north, the hills of scanty verdure, which en-
circle the bay, recede upon either hand and assume a
softer contour and richer garb. The narrow road-
way that skirts the salt marsh has widened to a broad
and fertile valley that stretches, as far as the eye can
reach, in luxuriant fields of grass and grain. Border-
ing this verdant plain, in lines and splendors all their
own, come the hills, and into the recesses 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 trans-
formed landscape is the change in climate. The
harsh, chili winds that pour in through the Golden
Gate and sweep over the peninsula, have abated
their rough vigor as they spread over the valley, and,
softened as they mingle with the currents from the
south, meet as a zephyr in the widening plain.
If the approach be from the south, the traveler,
wearied with the desert and its hot, dry airs, is conscious
of a sudden change. The sterile desert has become a
fruitful plain, and the air that comes as balm to the
parched lungs is cool and soft and moist with the
tempered breath of the sea. Upon every hand and
to every sense there is a transformation that would
scarce be looked for outside Arabian romance. If it |
3
be springer early summer, miles upon miles stretches
the verdant plain ; over it troops sunshine and shadow ;
across it ripple the waves. Summer but changes the
hue and heaps the plain with abundant harvests, while
the first rains bring again the verdure and the beauty
of spring.
"An ocean of beauty!" exclaims the charmed be-
holder. Nor is this comparison to the sea altogether
an idle fancy. At a period geologically recent, the
Sierra Nevadas and the Coast Ranges of mountains
inclosed a basin about four hundred and fifty miles
in length by about forty in width, comprising the
present valleys of the Sacramento and San Joaquin
Rivers. During the same period the region east of
the Sierras, now embraced in the State of Nevada,
and the Territories of Utah and Arizona, was an in-
land sea connected with the Pacific by straits and
inlets.
The evaporation from this body of water affected
materially the climate of the adjacent regions. Low-
ering, as it must have done, the general temper-
ature and increasing the humidity, it induced pre-
cipitation from the saturated winds of the Pacific,
while from its own evaporation it added materially to
the rainfall it thus invited. From these causes, the
precipitation of that period, both as to volume and
duration, must have been greatly in excess of the
present, and vegetation must have been correspond-
(17)
18
PEN PICTURES FROM THE "GARDEN OF THE WORLD."
ingly more luxuriant. From the slopes of the mount-
ain ranges the waters flowed southerly in a majestic
stream, forming broad lakes as the basin widened, a
river where the narrowing valley restricted its borders,
until, passing through the bay of San Francisco, and
the present valleys of Santa Clara and Pajaro, it found
an outlet in Monterey Bay.
In the era that measured the existence of this
ancient river, it had borne in its turbid waters the
disintegrations of the regions it traversed, and, in the
ooze and slime of the lakes that intercepted its course
and stilled its current, was the decaying mold of gen-
erations of forests that had flourished on its banks.
At a later geological period — probably the Quaternary
— there was an upheaval of the southern part of this
basin, its axis probably being near the present course
of the Salinas River. With this rise came a depres-
sion in the bay of San Francisco. The drainage was
now to the north. The Coast Range was broken
through at the Golden Gate, and the waters of the
great basin found there their outlet to the sea; while
the former lakes, uplifted and drained, were trans-
formed into fertile plains. During the same period,
the sea that lay to the east of the Sierras was cut off"
from the Pacific. The evaporation of this now land-
locked basin was in excess of the rainfall, and gradu-
ally these waters receded until, to-day. Salt Lake is
the remnant of that inter-ocean which once extended
through thirty degrees of latitude and from the Rocky
Mountains to the Sierras.
This, the recent history of these regions, the geologi-
cal records upon every hand fully attest — here by beds
of water-worn pebbles, by strata of clay (always the
deposit of quiet waters) that underlie the whole valley,
by the trunks of trees that the drill of the well-borer
discovers hundreds of feet beneath the surface, and
by the vast deposit of vegetable mold that forms
everywhere the surface soil of the valley; while to the
east, mountains of marine shells and fossils, vast beds
of salt, beach lines upon the slopes of the mountains,
attest the existence of the sea that left these proofs
of its presence and wrote with its fretful waves the
story of its long companionship upon these rugged
cliffs, and then shrank from them forever.
With the subsidence of this sea, there came that
change in climate which now characterizes this coast.
The vapors from the Pacific were now absorbed by the
dry air of this region, and the precipitation which the
sea had promoted, the desert now prevented. The
classification of these seasons as wet and dry often
misleads — for while the latter is all that the term im-
plies, the rainy season has as much of sunshine as of
storm, as the records abundantly show. A brief
epitome of these seasons and the attendant phenom-
ena will be given: —
Beginning with the month of October, the signs
of a coming change are apparent. The winds, no
longer constant from one quarter, become variable
both as to direction and force, or wholly cease.
Sudden blasts raise miniature whirlwinds of dust and
leaves, which troop over the fields, and the stillness
of the night is broken by fitful gusts and the sudden
wail of the trees as the breath of the coming winter
sweeps through them. These are the recognized
precursors of the season's change, and are usually
followed, in the first ten days of October, by an inch
or more of rain ; and this, usually, by weeks of the
finest weather. The effect of these first rains is
magical. The dust is washed from the foliage and
is laid in the roads and fields. The air has a fresh
sparkle and life. The skies are a deeper azure, and
the soft brown hills seem nearer and fairer than be-
fore. It is the Indian summer of the East; but, instead
of the soft lassitude of the dying year, here it comes
with all the freshness and vigor of the new-born spring.
If, in this and the succeeding months, there are
further showers, the grass springs up on every hand,
and the self-sown grain in all the fields. The hills
change their sober russet for a lively green. Wild
flowers appear in every sheltered nook. Hyacinths
and crocuses bloom in the gardens, and the perfume
of the violet is everywhere in the air. In the latter
part of November the rainy season is fully established.
A coming storm is now heralded by a strong, steady
wind, blowing for a day or two from the southeast,
usually followed by several days of rain, and these
succeeded by days or weeks without a cloud — and
thus, alternating between occasional storms and fre-
quent sunshine, is the weather from October to April
— the rainy season of California. The amount of rain
that falls varies materially with the locality. In San
Jose it is from fifteen to twenty inches, while, in places
not ten miles distant, twice that amount is recorded.
During this period there are from thirty to forty days
on which more or less rain falls; from fifty to seventy
that are cloudy; the rest, bright and pleasant. These
estimates will vary with particular seasons; but, tak-
ing the average of a series of years, it will be found
that from October to April one-half the days are
cloudless, and fully three-fourths such that any out-
door vocation can be carried on without discomfort
or inconvenience.
PEN PICTURES FROM THE "GARDEN OF THE WORLD:
19
Cyclones and wind-storms are wholly unknown,
and thunder is only heard at rare intervals, and then
as a low rumble forty miles away in the mountains.
With the month of March the rains are practically
over, though showers are expected and hoped for in
April. Between the first and tenth of May there
usually falls from a half to three-fourths of an inch of
rain. Coming as this does in the hay harvest, it is
neither beneficial nor welcome. By the first of July
the surface moisture is taken up and dissipated, and
growth dependent upon this ceases. The grasses
have ripened their seed, and, self-cured and dry, are
the nutritious food of cattle and sheep. The fields
of grain are yellow and ripe and wait but the reaper.
Forest trees and shrubs have paused in their growth.
This, to the vegetable world, is the season of rest.
This is the winter of the Santa Clara Valley — winter,
but strangely unlike winter elsewhere, for here man
"has interposed. Here, by art and by labor, he has
reversed the processes of nature and constrained the
course of the seasons. In gardens, bright with foliage
and resplendent with flowers, there is spring in its
freshness and beauty; while in orchards teeming with
fruits, and vineyards purple with ripening grapes,
summer and autumn vie for the supremacy. And
so, with changing beauty and ceaseless fruition, pass
the seasons of this favored clime. If in these seasons,
the resident or the visitor finds but one succession of
enjoyments, to the farmer and fruit grower they are
of the utmost practical importance as well as con-
venience. Those months that in the East preclude
all farming operations, are here the season of most
active industry and preparation. With the rains of
November plowing and seeding begin and continue
with but little interruption to the first of March. If
the rains are continued too late in the spring, the later-
sown fields are usually cleaner crops and of superior
quality, while without these later rains, the earlier-
sown is likely to be most successful. It is in the
harvesting, however, that the advantages are most
apparent — an advantage hardly understood elsewhere
an I scarcely appreciated here.
Here the favored farmer gathers his matured
crop with no possibility of rain interfering, and with
no thought of the storms that elsewhere make this a
season of severest toil and constant anxiety. His
hay, as he cuts it, falls upon soil as dry as is the air
above it, and is cured without further handling or
labor than to collect it in cocks or stacks. The grain,
matured and dry, waits without waste or detriment
for weeks or months for the reaper, and in October,
and often far into November, the hay presses and
threshers may be seen busy with the hay and grain
that has remained in cocks or stacks for the past five
months.
For the fruit grower, these seasons are even more
favorable than to the farmer. To the visitor, the
thousands of acres of orchard and vineyard without
a weed or a blade of grass to be seen, would rep-
resent an apparent amount of labor and culture abso-
lutely appalling — and so it would be — not merely
appalling, but quite impossible under the climatic con-
ditions of other regions. In sections where frequent
rains, constant humidity, come with the summer, the
seeds of every form of weeds ripen with every week
of sunshine and germinate with every shower. The
surface moisture usually favors their continued growth
and development, and the only possible conditions for
successful tillage are those of constant warfare with
weeds. Here the seeds near the surface germinate
with the winter rains and are turned under and de-
stroyed with the first plowing. The surface dries to
a depth of three or four inches at the commencement
of summer and so remains through the whole season.
In this dry soil it is impossible for seeds to germinate
or plants to live. Anyone who has ever attempted
to start seeds in the summer knows how indispensable
is constant moisture, and will readily understand how
effectively this feature of the climate co-operates with
the cultivator and preserves to trees and vines all of
the moisture and nutrition that the soil contains.
The Californians' estimate of the climate of their
State has been the theme of much facetious comment.
In view of the fact that elsewhere those who are able,
spend half the year on the St. Lawrence or the coast
of Maine, to escape the heat of summer, and the other
half in Cuba, Florida, or on the shores of the Medi-
terranean, to avoid the rigors of winter; that, in fact,
most of their lives are migrations in search of climate
— the residents of this State may accept with equa-
nimity the badinage of these birds of passage, and
may well felicitate themselves upon those conditions
that bring to their very door the summer of the
Thousand Isles and the winter of the Antilles. That
this is not an exaggeration is easily shown. Ther-
mometrical records, however accurately kept, are quite
apt to mislead those who seek to deduce from them
practical results.
There are many important conditions not ex-
pressed in these observations. It is well understood
that from the dryness of the air, forty degrees below
zero is more tolerable in Dakota than thirty degrees
20
PEN PICTURES FR03I THE "GARDEN OF THE WORLD."
higher in the humid air of the Atlantic seaboard ; and,
lor the same reason, and almost in the same ratio, as
to heat. It would be but little consolation to a person
to know that, some thousands of miles away, the
temperature from which he was suffering would be
quite endurable. So as to averages which usually
form a conspicuous feature of these records. It is
not from the averages, but from the extremes, that
men suffer and vegetation dies. Nor do even the ex-
tremes represent the effect — their continuance is im-
portant, A plant often survives a severe frost and
then succumbs to a much lighter repetition, and a
degree of heat that may be endured for a day, be-
comes intolerable when continued for several. In
view of these well-recognized facts, I propose to
present the question of temperature as shown by
effects which are readily appreciated by all, rather
than by compilations of figures thus liable to mislead.
The rains of October are usually followed by frosts,
sufficiently sharp, in the lowlands of the valley, to kill
the more delicate plants. During the months of De-
cember, January, and February these frosts are more
frequent and severe. Every variety of grapes, figs,
olives — in short, all the semi-tropic plants — remain
unaffected by the frosts. Callas, fuchsias, geraniums,
and heliotropes, when grown by the wall of a house,
in the shade of an evergreen, or given the slightest
covering, flourish and bloom through any winter, and,
in many seasons, do so without any protection what-
ever.
*********
Every known variety of rose flourishes without the
least protection, and not only do they retain their
leaves, but there is not a day in the winter when
blossoms, hardly inferior to those of June, cannot be
gathered in the open grounds of any garden. The
lemon verbena shrub here attains a height of from
ten to twenty feet, with a trunk from two to ten inches
in diameter. Bees increase their stores during the
rainy season, and every clear day humming-birds
and butterflies appear in the gardens.
For personal comfort, fires are usually started in
the morning, die down toward noon, and are rekindled
for the evening. As little fire as can be kept burn-
ing, usually suffices for comfort. There are days,
stormy, damp, or cold, when more fire is required.
Such days are the exception, however, and the rule is
as stated.
Within the last twenty years snow has fallen in San
Jose on three occasions. In no instance was it over
three inches in depth. It disappeared before night-
fall of the day on which it fell, and its presence trans-
formed the usually staid city into a snow-balling
carnival. In the dry season, beginning with April,
the mornings are clear, calm, and not unpleasantly
warm. About noon, a brisk breeze from the bay
blows down the valley. This, harsh as it sweeps in
through the Golden Gate, is soft and mild here. It
goes down with the sun, and the night tliat follows is
calm and cool. A high, light fog sometimes hangs
over the valley in the morning, but disappears by
eight or nine o'clock. During the summer montiis,
three or four heated terms may be expected. These
are usually in periods of three days, and the ther-
mometer indicates from ninety degrees to ninety-five
degrees Fahrenheit. Upon the morning of the
fourth day a fog generally appears, a cool breeze
springs up, and the former temperature is restored
and maintained for weeks before another heated term.
As these periods are the extreme of the season, somC
indicia will be given by which they may be under-
stood and estimated. Through a part of these days,
exposure to the sun is disagreeably hot, but not
dangerously so. Under the shade of a tree or in the
shelter of a well-constructed house, it is perfectly com-
fortable. The evenings that follow are so cool that
persons rarely sit upon the porches of their houses, and
a pair of blankets is required for comfort while
sleeping.
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 outdoor vocations are rare, and
that a night uncomfortably warm is absolutely un-
known. It may be added that the fears and fore-
bodings with which the seasons are elsewhere greeted,
are here unheard of; coming with no rigors, they
bring no terrors, and are alike welcomed by all, not
as a relief but as a change. In these conditions,
health and personal comfort are largely subserved,
and also in them the horticultural possibilities, of
which we are to-day but upon the threshold, are
assured ; and these, the elements of present and of
prospective prosperity, are as constant as the ocean
currents in which they have their origin, as perma-
nent as the mountain ranges which bound the field
of their exhibition.
The county of Santa Clara has an area of rather
more than a million of acres. Of this, about two
hundred and fifty thousand acres is valley — the an-
cient lake bed, or the alluvial deposits of existing
streams — three hundred thousand acres is rolling hills
and mountain slopes, well adapted to fruit; the
PEN PICTURES FROM THE "GARDEN OF THE WORLD."
residue valuable, principally for pasturage. While
the general contour presented by the valley is that of
a level plain, it is, in fact, a series of gentle undu-
lations, with marked variations in the quality of the
soil. In what is now, or has recently been, the lower
portions of this plain, the soil is a black, tenacious
clay, known as "adobe." It is very fertile and pro-
ductive, but requires much care as to the time and
manner of cultivating it, and is well adapted to hay
and grain. The higher lands of the valley are a
light, loamy, and sometimes gravelly soil. This is
easily cultivated and is well adapted to all the cereals
and to most varieties of fruit. In the vicinity of the
bay there are many thousands of acres of salt m.arsh.
No effort worthy the name has been made to reclaim
them, though the task would seem a not difficult one.
It is safe to predict that at no distant day these lands
will be reclaimed and among the most productive
and valuable in the county.
The "warm belt" is a tract upon the slopes of the
hills that environ the valley. It has an altitude of
from two hundred to eight hundred feet. It is gen-
erally, and in some localities wholly, free from frost.
In this belt, to the east of Milpitas, potatoes, peas,
etc., are grown in the open air through the whole
winter, for the San Francisco market. Upon the Los
Gatos and Guadalupe Rivers are some hundreds of
acres, formerly dense willow thickets, but now in the
highest state of cultivation. These lands are regarded
as the most desirable in the valley. The soil is a
sedimentary deposit, easily cultivated, requiring but
little irrigation, and producing every variety of fruit
and vegetable. Thirty miles south of San Jose is the
town of Gilroy. The soil of the valley is here fertile
and productive. Over a considerable portion, the
subterranean moisture maintains the growing pastures
throughout the year, and some of the most successful
dairies in the State are here established. The more
elevated parts of the valley and the slopes of the hills
are well adapted to fruits and vines. The summers of
Gilroy are warmer and drier than in San Jose. The
cool winds from the bay are materially softened as
they sweep down the valley, and the differences of
temperature between the day and night are not so
marked. The air is mild and balmy, and the nights
agreeably cool and pleasant.
The water courses within the county greatly di-
minish, when they do not wholly disappear, in the sum-
mer. Sinking, as they approach the valley, they
augment the subterranean resources which supply the
artesian wells. These are found all over the valley.
They are usually from sixty to one hundred feet in
depth, though some find a larger and more permanent
supply at a much greater depth. The water is raised
by windmills into tanks, and is ample for household
and gardening purposes. About Alviso and near the
bay, hundreds of acres of strawberries and of vege-
table gardens are irrigated from these wells, and the
water rises to the surface with such force that the
mo-t massive appliances arc required to restrain the
flow.
Of the varied productions of this valley it is difficult
to speak in terms which shall not savor of exagger-
ation. The question is no longer what can, but what
cannot, be successfully produced. With the early
settlers cattle were the staple, and of the vast herds
which roamed over the country, little more than the
hides and tallow were utilized. The cereals, it was
supposed, could only be grown in the summer, and
where irrigation was afforded. The gold discovery
changed all this. It furnished not only a market for
the cattle, but, soon after, it was ascertained that the
rainy months were the season of growth, and that
wheat sown with the early rains matured enormous
crops of the finest quality. The success which at-
tended this last industry relegated the cattle interest
to the extensive and less valuable ranges eastward,
while the prodigal quantity and superior quality of
the wheat produced enabled it, not only to success-
fully compete with all rivals in the markets of the
world, but to fix for years the price of the bread of
a hundred millions of people. As the herdsman had
given way to the tiller of the soil, .so the latter, and
for the same reason, has made way for a more profit-
able industry — the growing of fruits. That this has
not long since supplanted all other industries was not
from any doubt as to production or quality, but simply
as to transportation. This problem satisfactorily
solved, and the fruit growers of this valley can have no
successful rivals.
To-day, with this industry comparatively new, its
means of transportation a monopoly, its markets but
recently found, and its methods of reaching these
markets an experiment — with all these to contend
against, the fruits of this valley are as well known
and highly esteemed in the markets of the East and
of the world as are those of Sicily, Asia Minor, and
the Adriatic — where ages have been given to the in-
dustry, where skilled labor is at the very lowest stage
of compensation — and the ocean is the easy pathway
to a world of consumers. The capacity of this valley
in this direction is no new discovery. It is as old as
22
PEN PICTURES FROM THE "GARDEN OF THE WORLD.'
its settlement. A hundred years ago the Mission
Fathers introduced the grape which still bears their
name and perpetuates their memory; and orchards of
pear and olive, coeval with these vineyards, still bear
abundantly, and attest alike the capacity of the re-
gion and thejudgment and forethought of those who
thus demonstrated it, while the older records make
frequent mention of planting and vintage, the fruits
and the harvests of those ancient days. But neither
record nor relics is needed to show the varied capacity
of this region. The valley, upon every hand, is to-day
exhibiting it. By the side of his fields sown to grain
or in grass, the farmer plants an orchard or a vine-
yard ; between the rows of trees or of vines he tills
and plants as before, and gathers full harvests of roots,
etc., while waiting the fruition of his trees. His labors
alternate between his fields of grain and of vines, and
his teams are to-day transporting from his farm tons
of hay for the market, and tons of grapes for the
winery.
Nature, in everything prodigal, is in nothing invidi-
ous, and were the fruit production to absolutely cease,
the valley would remain one of the richest agri-
cultural regions of the globe. I have referred to the
wheat production, still successfully continued, except
where supplanted by some more profitable product.
Its hay crop is to-day the principal supply of the San
Francisco market. In the vicinity of Santa Clara are
fields of corn that never felt rain nor knew irrigation,
and that will compare favorably with the crops of the
valley of the Mississippi, while, besides this, whole
farms are growing garden seeds, which have long
commanded the highest prices in the Eastern markets.
Extensive hop yards were established, and the vines
grew and bore luxuriantly, and only the high price of
labor prevented their being to-day a staple of the
valley. Near Gilroy some of the most successful as
well as extensive dairies in the State are established,
while in the Santa Cruz Mountains, upon the west,
petroleum is found, and its further development prose-
cuted with every prospect of success. Of the fruit
product of this county it is impossible to speak accu-
rately — difficult to speak instructively. At the pres-
ent writing, enormous canneries, employing thousands
of laborers, are running night and day. Drying ap-
paratuses on every hand, and in almost every field,
are employed, while, in every direction, acres upon
acres are covered with bags of fruit preserved by
drying in the sun — every resource of labor or of
mechanism is tasked to the utmost, and even the school
vacation is extended that the children may aid to
preserve the enormous crop.
The orchards in bearing are generally increasing in
their yield and will continue so to do for many years,
while extensive areas are coming into bearing and the
planting of new orchards and vineyards is constantly
going on. In fact, the system of summer culture
which renders irrigation unnecessary, makes all the
arable land in the county available for fruit. In view
of these facts, estimates would be but the merest con-
jecture. One thing may be said — that all the fruits
of the temperate zone, and most of the semi-tropical
fruits, are now grown in the greatest perfection and in
quantities which tax to the utmost the resources and
labor attainable to gather and preserve them. Orange
trees have been grown for many years in this county
(in San Jose more for ornament than for fruit), gener-
ally seedlings, and with no care as to either selection
or culture. In the vicinity of San Jose considerable
groves have been growing for twenty years, produc-
ing abundant crops of well-flavored fruit. The citrus
fairs held last year (1887) in San Jose and other
places, showed the very extensive sections where these
fruits were being successfully grown ; and this, with
the stimulus of a market, has induced the planting
of orange trees throughout the warm belt of this
county. That these trees will grow, and luxuriantly,
and that they are not affected by the frost, is estab-
lished ; and that certain varieties will mature excel-
lent fruit, is certain. If, however, it shall be found
wanting in the flavor or qualities of the oranges of
Tahiti or Florida, it is because it does not have the
long hot season — the burning days and sweltering
nights — of those countries. I question whether it
would be desirable to accept that climate, though
with it we could secure this single production.
The great and increasing extent of the fruit pro-
duction, the fact that over much of the State it is
being prosecuted with energy, suggests the frequent
inquiry, "Where is the future market for all this to
be found? This is the inquiry that, at some stage of
development, confronts every form of industrial enter-
prise, whether the product of the soil or the result of
manufacture. The subject is too extensive and too
intricate to here receive but the briefest consideration.
The fruit product of this State is the result of special
climatic conditions existing within restricted limits.
Unlike manufactures, this form of production cannot
PEN PICTURES FROM THE "GARDEN OF THE WORLD:
23
be extended by either art or enterprise. Upon the
other hand, the consumers will be found wherever
any industry can be maintained, or men can exist.
If, then, fruit production shall increase in geometrical
ratio, nature has fixed the limits within which this
progression must cease, while no such bounds exist to
the range of consumption.
Farther than this, experience and invention are
constantly diminishing the cost of production and
thus enlarging the class of consumers. If wheat and
wool, staples of the world, and everywhere grown, are
rarely found in excess of profitable production, it may
fairly be assumed that these special products of Cali-
fornia, thus limited to an area and restricted as to
conditions, will be always a profitable industry. The
question, however important, is at present but one of
speculation, and time alone can give the full solution.
Dependent as this region is upon the regular rains of
winter, the knowledge that these sometimes fail makes
the subject of rainfall one of much anxious consider-
ation. There is a theory that the seasons move in
cycles of twelve years, passing, by regular gradation,
from a maximum to a minimum rainfall in that period
and culminating in a season of floods and of drought
at the other. The observations of the last few years
do not fully support this theory of gradual transition,
although records extending back to the year 1805
seem to indicate that the twelfth year is deficient in
rain. Should these dry years recur in the future, the
disastrous and destructive consequences of the past
are not likely to follow. The industry of the State
was then cattle raising and the country was stocked
to its fullest capacity. With a drought the short-lived
natural grasses failed; the water courses dried up, and,
as no provision had been made for supplying either,
the cattle perished by thousands.
At present, the land is more profitably utilized in
other pursuits, and cattle are comparatively few, and for
these, some provision can be made. Trees and vines,
though their product may be diminished, are not de-
stroyed by a drought, however severe. Large areas
of irrigated lands will furnish vast supplies of forage
food, and the reclaimed sections contribute in the
same direction, while railroads transport these prod-
ucts as needs may require. A further consideration
— the possible effect of artificial conditions upon rain-
fall — may be worth estimating. It has been often
asserted that the cutting off of the forests of the
Sierras and the Coast Range would diminish the rain-
fall, and in other ways prove detrimental to the
moisture supply. If this, as a consequence of denu-
dation, follows anywhere, it may be doubted whether
it does here. In almost every instance the removal
of the timber is followed by a dense growth of young
trees or of thicket, and the effect of this, either as in-
ducing precipitation or retaining moisture, must be
fully equal to that of the larger but scattering trees
thus replaced.
Further than this, in the valley of the San Joaquin,
hundreds of square miles of prairie and plains are
now, by irrigation, thoroughly saturated, and from
waters that had their former evaporation surface in
the area of a comparatively small lake. On the slopes
of the Sierras the same causes are at work. Water
stored in immense reservoirs is conducted in canals
to thousands of acres of orchards and vineyards.
These causes, large at present and constantly enlarg-
ing, cannot but produce some effect upon the rainfall
of this coast. Regions that before absorbed the moist-
ure, now, by their own evaporation, contribute to it
and induce precipitation. If it be argued that these
causes are inadequate to the results suggested, it may
be replied that forest and prairie fires, the burning of
cities, the firing of cannon, are known to be followed
by copious rains. The meteorological conditions that
accompany a saturated atmosphere, are often very
nearly in equilibrium, and a very slight disturbing
cause may determine for or against precipitation.
The causes I have indicated are neither transitory
nor insignificant. They embrace areas equal in ex-
tent to States, and are affecting, in a marked degree,
the temperature and climate of these extensive re-
gions. If any consequences shall follow from these
changes, every reason seems to indicate that they will
be found in an increased rainfall and against the re-
currence of drought. *****
In this description of the capabilities and climate
of the Santa Clara Valley, I have substantially de-
scribed San Jose — for this is her environment, these
are her resources, this the rich setting of which the
"Garden City" is the central gem. * * *
The roads of San Jose and vicinity are wide, well-
graded and ballasted with gravel and rock, of which
there is an inexhaustible supply in the immediate
vicinity. Unaffected by frost or flood, they improve
with use and require but little attention to maintain
them in the finest condition.
Each year adds many miles to the hundreds of
miles now in use, while the trees with which most
of them are bordered are rapidly developing them
into stately avenues. These roads, as they extend
into the country, are little affected by either the rains
24
PEN PICTURES FROM THE "GARDEN OF THE WORLDS
of winter or the droughts of summer, and delightful
drives, free from either mud or dust, are to be found
in every direction and at all times. The residents
thoroughly appreciate and fully avail themsilves of
this attractive feature of the county, and probably in
no place in the country are so many teams to be
found driven with perfect confidence, not only by
women, but often by the merest children. To the
visitor who drives at random over these roads, every
turn brings a new surprise, reveals a new beauty.
Now the road is through an avenue of stately trees ;
then comes a succession of gardens ; and again it is
the abandoned channel of a former stream, where
giant and gnarled sycamores and old oaks shade
the way, and then for miles a bewildering succession
of vineyards, orchards, and fruitful fields; while every-
where, half hidden in the orchards, nestling among
the vines, embowered amid the roses, stately man-
sions and beautiful cottages bespeak alike the thrift
and refinement of their occupants.
When the stranger thus finds each day, and for
months, a new avenue, with new beauties before and
about him, he will give credence to the assertion that
here are to be found more delightful drives than in
any other city of the State, and will declare it fitly
named the "Garden City." Of the hundreds of miles
of these drives, which lead in every direction, some
are deserving of more than this general mention.
The Alameda, a broad and beautiful avenue leading
to Santa Clara, is three miles in length, as level as a
floor, and shaded by trees planted by the Mission
Fathers a hundred years ago. Bordered throughout
its whole extent with beautiful residences, it puzzles
the passer-by to know where San Jose ends and her
sister city begins. Another notable drive is to Alum
Rock, a distance of seven miles over a road as perfect
as art can make it, through a deep gorge with a
prattling stream keeping company, to a natural park
of four hundred acres owned by the city. Here, in a
sheltered nook, a comfortable hotel, shaded by mighty
oaks, is kept, with mineral springs of every quality
and every temperature bubbling up in every direction.
Sc irce a day in the summer that a party is not found
picnicking in this park, and making the hills ring
with music and merriment. To the west, within a
dozen miles, is the Almaden quicksilver mine, em-
ploying three hundred laborers, and supporting a
population of a thousand ; a place interesting as being
the richest deposit of cinnabar on the continent, or
perhaps in the world, and also for the thorough .system
and scrupulous neatness exhibited on every hand.
Another drive is to the Guadalupe, second only to
the Almaden; another to Los Gatos, where all the
zones and all the seasons seem to have combined to
crown this favored spot with the choicest treasures of
them all; another to Saratoga, with its soda spring,
unsurpassed in the State, gushing from the hill-side;
to Lexington, last of this triad of mountain beauties;
and everywhere — in the little valleys, garlanding the
hill -sides, climbing to the very summit of the mount-
ains — orchards, orange groves, and vineyards. The
drive into these hills is always delightful ; but it is in
the spring, when everything is in bloom, that it ap-
pears in all its glory. Then, as far as the eye can
reach, hill-side and plain are decked in all 1 he splendors
of the rainbow. Here the white blossoms of the
prune sway in the breeze like drifting snow, while,
beside these, the valley is blushing with the dainty
hues of the apricot, the peach, and the apple, and the
vineyards are upon every side, in their delicate green.
It is, in fact, one vast parterre of floral beauty — its
coloring by acres — and stretching away for miles,
until the distant hills frame in the gorgeous picture.
In all these mountain villages are to be found hotels,
cozy and pleasant, and as the guest sits in the evening
upon the porches and sees the lamps of the distant
city twinkling like fireflies below him, with the electric
lights gleaming like planets above them, with the soft,
dry air that stirs but in zephyrs, he can but feel that
this is indeed an earthly elysium.
In the morning a strilcing sight sometimes awaits
the visitor. The sky is blue and cloudless as ever,
but the valley has disappeared. A fog has crept in
during the night and engulfed the plain, as though
the ocean was asserting its old dominion. Upon
every hand the hills, that held the ancient sea in their
long embrace, now clasp this fleeting phantom as
though in its shadowy image there were cherished
memories of the past. Above it, like islands, rise
hills and peaks. As still as fleecy wool sleeps this
soft white sea. But even while you look and wonder,
the sun asserts his power and the still lake swells in
waves and rolls in billows. Through rifts, you catch
glimpses of houses, of forests, and of fields, and then
— you know not how, )-ou see not where — the fleecy
mantle is gone, anJ the valley, in sheen and sunshine,
is again before you.
Eighteen miles east of San Jose, upon the summit
of Mount Hamilton, is the Lick Observatory. The
road by which it is reached is twenty-four miles in
length, was built by the county at a cost of $85,000,
and is as complete as money and skill can make it.
PEN PICTURES FBOM THE "GARDEN OF THE WORLD."
25
It connects with the Alum Rock Avenue, about four
miles from San Jose, and from this point is carried up
the western slope of the hili. As the road ascends,
the valley comes into view, each turn of the road dis-
closing some new charm. Seven miles of this and
the road passes to the eastern side; the valley is no
longer in sight. But with this change comes a new
attraction. You are now in the mountains, and deep
gorges upon the one hand, and the steep hill-side on
the other, make the landscape; again, and the road is
traversing valleys gorgeous with wild flowers or roll-
ing hills dotted with stately oaks. Ten miles of this
and Smith Creek is reached. Here, in a charming
nook of the mountain half encircled by a sparkling
stream, a comfortable hotel is found. Near as the
summit appears from this point, there i-^ yet fifteen
hundred feet of sheer ascent and the road winds three
times round the peak and is seven miles long in as-
cending it. As the summit is approached the valley
unrolls before you like a vast panorama, and the
picture that was left behind is again in view; until, at
last, at a height of four thousand two hundred and
fifty feet, you are at the observatory.
From here, the view is grand and impressive. At
your feet, dotted with villages and rimmed with a
cordon of protecting hills, sleeps the valley in all its
loveliness, and, beside it, the Bay of San Francisco,
flecked with the sails of commerce. To the east, the
snow-clad peaks of the Sierras bound the distant
horizon, while south, the valley stretches away till hid
by the misty hills. Upon the west are the forest
slopes of the Santa Cruz Mountains, with lakes and
reservoirs that gleam in the sunlight like burnished
silver; while, upon the more distant horizon, a lighter
shade tells where sea and sky meet and mingle in the
blue Pacific. North, if the day is clear, you are
pointed to a dim shadow scarce outlined on the dis-
tant sky, and, as you strive to fi.x the wavering, doubt-
ful image, you are told that this is Shasta, which, four
hundred miles distant and fourteen thousand four
hundred and forty feet liigh, is enthroned in undis-
puted majesty over the great valley. As you note this
horizon stretching away on every hand, you can
readily accept the statement of Professor Whitney,
that from the summit of this mountain, more of the
earth's surface is visible than from any other known
point upon the globe ; and the blue sky and trans-
lucent atmosphere attest the assertion that there are
here twice the number of nights that are favorable to
observations than are anywhere else to be found.
Upon this height stands the observatory, which the
4
founder decreed should have the most powerful glass
and thorough equipment that skill and ingenuity
could produce; and most thoroughly have those
assigned to this duty executed their trust.
If years have been employed for the erection of
these buildings, it is because they are to remain for the
centuries, and they are as massive and as durable as
the rock of which they seem but a part. In the
equipment, the scientific knowledge and mechanical
ingenuity of the world were called into requisition,
and this is the grand result. Nor are the appoint-
ments of this place, perfect and ample as they are,
better adapted to its purposes than are the natural
surroundings. Elsewhere, observatories are erected
amid the busy marts of trade, and among the haunts
of men. Here, the rugged mountain fjrbids all other
companionship, and sterility and solitude keep sen-
tinel watch at the portals of this temple of science.
It is fitting that this be so, for what, to the watcher
of the skies, are the aspirations of life, the ambitions
of men? What to him are the boundaries of nations
or the measures of time? The field of his explorations
is illimitable space, the unit of his line, the vast orbit
of the earth. The centuries of Egypt, hoary with
age, are scarce seconds on his dial. The Pharaohs
are to him but men of yesterday. He gauges the
nebulous mist that enwraps Orion, that veils Andro-
meda, and proclaims the natal day of systems yet to
be. He notes the changing hues and waning light of
blazing stars, and declares when, rayless and dark,
with retinues of dead worlds, they shall journe}- on in
the awful stillness of eternal night. Well may he
who deals with these, the problems of the skies, dwell
alone and apart from other men.
In the central pier, which supports the great tele-
scope, is the tomb of Jarnes Lick. Lonely in this life,
alone in his resting-place; this seems indeed his fit
mausoleum, and the visitor reads, though it be un-
written, as his epitaph, the inscription in England's
great cathedral on the tomb of its architect : " Si
inonumentiim requiris, ciraunspice."
The return trip is much more agreeable than the
ascent. As the carriage sweeps down the mountain
road, with its many curves, the landscape again un-
folds with scenes and shades that come and go like
the figures of a kaleidoscope; and, in three short
hours, the traveler is again in San Jose, with recol-
lections of the mountain road, the marvelous prospect,
the lofty mountains, and the lonely tomb, that can
never be effaced. ******
Muchof the happiness of a communits- depends upon
26
PEN PICTURES FEOM THE "GARDEN OF THE WORLD:'
the social habits of its people. In San Jose, social
gatherings and festivities, picnics and excursions, are
more frequent than in most Eastern communities.
The weather permits, and the disposition of the people
encourages them; and those relaxations which, in
most places, are the privilege of the few, are here the
practice of the many. In the summer, many families
resort to the hills or to the shores of Monterey Bay.
Here, in cottages readily hired, in tents or booths,
they remain for weeks, relieved of much of the
formality, as well as the drudgery, of ordinary domes-
tic life. Others, more adventurous, make up expedi-
tions to the Sierras, Yosemite.or even Shasta. They
take their own teams, and in capacious wagons store
the bedding and supplies required for a month or
more of nomadic life. Of the weather they take no
heed, for that is assured.
Wherever night overtakes them they camp, and
remain or move on as inclination or fancy may prompt-
From the farm-houses they replenish their larder and
procure feed for their teams. And they return after
weeks of this gypsy life, with bronzed cheeks, to re-
sume with vigor the duties of life, to live over their
past wanderings, and to plan new expeditions for the
future. *********
In this paper I have endeavored to represent to the
visitor the surroundings he will here find; to the
settler, the conditions with which he will have to deal.
I shall make no attempt to forecast even the near
future; it is proclaiming itself The tramp of a
coming host is upon every hand — the tide of a human
sea, impelled by forces that permit no ebb. It comes,
and between the desert and the sea it finds the prom-
ised land^ — Egypt in its fertility; Sicily in its fruits
and flowers; Italy in its beauty; America in its free-
dom, its enterprise, and its energy.
The Native races.
THE reader will have acquired a good idea of the
topography of climate and general character-
istics of Santa Clara County from the foregoing
sketch from the pen of the Honorable D. Belden.
In regard to the people who inhabited this lovely
spot prior to its occupancy by the whites, we have
very little knowledge either by record or tradition,
nor is it necessary that we should have. They were
a race of mild-mannered, ignorant, and generally
inoffensive Indians, without language, customs, or
history, that would be either instructive or entertain-
ing to the general reader. The only interest we have
in them is that they were the immediate predecessors
of the white race in this beautiful valley. They were
called the Olhones, sometimes Costanes, and subsisted
on the spontaneous fruits of the soil, together with
small game which they were enabled to kill or capture
with their rude implements or weapons. Like nearly
all the natives of the Pacific Coast, both of North
and South America, they worshiped the sun, but
this was about the only point in which they resembled
their Southern neighbors. While Cortez and Pizarro
found in Mexico and Peru a sort of civilization, the
natives of California had nothing that redeemed
them from absolute barbarism. They believed in an
evil spirit, and their religious rites and ceremonies
were principally devoted to its propitiation rather than
to the adoration of a Supreme Being, with power to
protect them from the anger of their evil god. In
this they seem to have resembled the Chine.se.
Their religious idea of rewards and punishments
appertained to their material existence. If they had
any belief in a future state they had nothing to indi-
cate it except, perhaps, in their funeral ceremonies, in
which they decorated the corpse with feathers, flowers,
and beads, and, placing his bows and arrows beside
the remains, burned them amid shouts and cries.
They had one custom which was common to all the
Indians along the coast, but whether it was a religious
ceremony, a sanitary measure, or a recreation, we are
not informed. It was called the temescal. An adobe
house, in the shape of a dome, was built on the banks
of a creek. It had a hole in the top for the escape of
the smoke, while an aperture at the side served the
purpose of a door. The ceremony, if it can properly
be called such, consisted in packing the interior of the
hut with people, raising the temperature by means of
fires to as high a degree as possible. When the heat
became unendurable they would rush from the hut
and with cries and shouts plunge into the waters of
the creek.
They had no villages, in the ordinary sense of
the term, but at certain seasons of the year they
would herd together at certain fixed places, which the
Spaniards named randiei'ias. They were generally
peaceable. We have no record of any wars in which
they were engaged, nor have any relics of pre-historic
battle-fields been found by their successors. After
the secularization of the missions there was at one
time a rumor that the Indians were on the war-path
and were making threatening demonstrations toward
this valley; but it was only a rumor, and we can find
no authentic account of any overt act that could be
logically construed into organized hostility.
They had no prominent men or noted chiefs whose
names survive. The Seminoles had their Osceola, the
Shawnees had Tecumseh, the Pokanokets had King
Philip, the Sacs and Foxes had Blackhawk, the Cayu-
gas had Logan, but the Olhones have left not even a
ripple on the sea of oblivion into which they have so
recently passed. Not much can be said of these
natives that would be interesting — nothing that would
be instructive. Our history begins where theirs ended.
Their existence here served as a motive for the estab-
lishment of the Mission of Santa Clara, which was the
beginning of civilization in Santa Clara Valley, and
the real starting-point for our history.
(27)
28
PEN PICTURES FROM THE "GARDEN OF THE WORLD."
SPANISH OCCUPATION.
In 1776, the natal year of our republic, Califor-
nia was a province of Spain and was governed
through the viceroy of Mexico, whose headquarters
were established at the city of Mexico. The Span-
ish monarch at that time was Don Carlos III., and
the Mexican viceroy was Felipe de Neve. The
banner of the Holy Church had been carried in the
van of the Spanish forces in all their military opera-
tions in the Western Hemisphere, and all their con-
quests had been made in noniitie Doininis. The
introduction of the arts of civilization into the con-
quered provinces proceeded on the same principle.
The first step was to afford religious instruction to
the natives, and to this end missions under the control
of the church were established at such points as were
deemed advisable. At the time of which we write,
seven of these missions had been established in
Upper or Alta California, to wit: The Mission San
Diego, at San Diego, July 16, 1769; the Mission Car-
mel, or San Carlos, at Monterey, June 3, 1770; the
Mission San Antonio, at San Luis Obispo, July 14,
1771; the Mission San Gabriel, at Los Angeles,
September 8, 1771; the Mission San Luis Obispo, at
San Luis Obispo, September i, 1772; the Mission
Dolores, at San Francisco, October 9, 1776; the
Mission San Juan Capistrano, at Los Angeles,
November 10, 1776.
At this time the Spaniards had a military post,
called a presidio, at San Francisco, which was then
known as Yerba Buena. It seems that in all the
enterprises undertaken by the Spaniards in the New
World, the church had concurrent jurisdiction with
the military authority. In fact, almost all the com-
mands issuing from the crown placed the church first,
and the military force was treated simply as an
auxiliary in the work of introducing the Christian
religion to the heathen inhabitants of New Spain.
These two powers generally acted in harmony. There
was no restriction of the Holy Fathers in their selec-
tion of sites for their missions, and no hesitation on the
part of the military authorities in granting a guard of
soldiers for their protection when asked for. Official
information in regard to the founding and conduct of
the missions was conveyed to the headquarters of
church and State through two distinct channels, that
is to say, the church received its report through the
priesthood and the State through the commandants
of the districts furnishing the military support.
In 1776 the viceroy of Mexico learned, unofficially,
that two new missions had been established near the
Bay of San Francisco, and in September of that year
he sent a communication to Don Fernando Riviera,
who was at that time commanding at San Diego,
conveying this intelligence and asking him to make
an inspection and return a full report. This meant,
for Don Fernando, a march of several hundred miles
through a wild country and over rugged mountains,
but military discipline did not permit him to hesitate.
Accompanied by twelve soldiers, intended as guards
for the new missions, he proceeded northward. After
a long and tiresome journey the party arrived at
Monterey. Here Don Fernando learned that the
viceroy had been misinformed ; that, instead of two
new missons, only one had been established, and that
one at San Francisco (Dolores). Father Tomas de la
Pena, and another priest, who had been appointed to
perform the religious duties of the expedition, joined
the party at Monterey, and together they started on
their journey to San Francisco. Their route was
nearly identical with that now occupied by the South-
ern Pacific Railroad. During the march the party
made a halt near the present town site of Santa Clara,
and being impressed with the salubrity of the climate
and the wonderful fertility of the soil, as evidenced by
the natural vegetation, they determined to there
locate a mission for the instruction of the mild-
mannered natives, whose curiosity was barely sufficient
to conquer their timidity.
This was in the latter part of the month of Novem-
ber, a season when our lovely valley possesses a
peculiar beauty, and which, it seems, was sufficient to
entrance these holy friars, although they had long
been accustomed to the delightful climate of what is
now known as Southern California. This valley was
then known as the San Bernardino. The party pro-
ceeded to San Francisco, which they reached on
the twenty-sixth of November. Having discharged
his official duties at the presidio, Don Fernando re-
turned to Monterey, and, at the Mission Carmel, took
the preliminary steps toward establishing a mission at
the place which had so charmed him on his journey to
San Francisco. A party, under the direction of Rev.
Father Murguia, was organized and started for their
new field. By the last of December all the soldiers
intended for guards, together with their families, were
mustered at San Francisco, and on the sixth day of
January took their departure for this valley. The
party consisted of Rev. Father de la Pena, the com-
mandant of the presidio, and the soldiers and their
families. On reaching their destination a cross was
PEN PICTURES FROM THE "GARDEN OF THE WORLD."
29
erected, and on the twelfth day of January, 1777, the
first mass ever said in the valley was celebrated by
Father Pefia.
This planting of the symbol of the church and the
celebration of its rites marks the true beginning of the
history of the Santa Clara Valley. The cross which
was then upraised still stands erect and marks the
dividing line between idolatry and Christianity — be-
tween barbarism and civilization. A few days after
this Father Murguia arrived from Monterey with his
party, and on January 18, 1777, the formal ceremonies
prescribed by the church for the founding of missions
were performed, and the Mission of Santa Clara was
established; and from this time this valley, which had
hitherto been known as San Bernardino, became the
Valley of Santa Clara. That our readers may more
readily comprehend the work of the missions we
present the followi g brief general description, as
given by Father Gleeson in his work entitled, "History
of the Catholic Church in California:" —
"The buildings were generally quadrilaterals inclos-
ing a court ornamented with fountains and trees, the
whole containing the church, the Fathers' apartments,
storehouses, barracks, etc. Within the quadrangle, at
the second story, was a gallery running round the entire
structure, upon which opened the workshops, store-
rooms and other apartments. The entire manage-
ment of each establishment was under the care of two
religious; the elder attended to the interior and the
younger to the exterior administration. One portion
of the building, which was called the 'monastery,'
was inhabited by the young Indian girls. Tiiere,
under the care of approved matrons, they were care-
fully instructed and trained in those branches neces-
sary for their condition in life. They were not per-
mitted to leave till of an age to be married — this
with a view of preserving their morality.
" In the schools, those who exhibited more talent
than their companions were taught vocal and instru-
mental music, the latter consisting of the flute, horn,
and violin. In the mechanical departments, the most
apt were promoted to the position of foremen. The
better to preserve the morals of all, none of the
whites, except those absolutely necessary, were em-
ployed at the mission. The daily routine was as
follows: At sunrise they arose and proceeded to the
church, where, after morning prayer, they assisted at
the holy sacrament of the mass. Breakfast next
followed, after which they proceeded to their respect-
ive employments. Toward noon they returned to the
mission and spent the time from then till two o'clock
between dinner and repose, after which they repaired
to their work and remained engaged until the even-
ing angelus, about an hour before sundown. All
then betook themselves to the church for evening
devotions, which consisted of the ordinary family
prayers and the rosary, except on special occasions,
when other devotional exercises were added. After
supper, which immediately followed, they amused
themselves in divers sports, games, and dancing, till
the hour for repose. Their diet consisted of an
abundance of beef and mutton, with vegetables in
the season. Wheaten cakes and puddings or por-
ridges, called atole and pinole, also formed a portion of
the repast. The dress was, for the males, linen shirts
and pants, and a blanket which was to be used as an
overcoat. The women received each, annually, two
undergarments, a gown, and a blanket. In years of
plenty, after the missions became rich, the Fathers
distributed all the surplus moneys among them in
clothing and trinkets."
From this it will be seen that the good Fathers had
a care over the temporal as well as the spiritual wel-
fare of their charges. Santa Clara Mission soon
became a flourishing institution. The natives were
teachable, willing to learn, and reasonably industrious.
The land was fertile and yielded abundant harvests,
and each year saw a gratifying increase in the num-
bers of those who relinquished heathenism for Chris-
tianity, and the habits of savagery for the arts of
civilization.
In 1784, nearly seven years after the establishment
of the mission, came the ceremony of formal dedica-
tion, under the ministration of the Father Junipero
Serra, president of the missions of California. This
occurred May 16, and was attended by Don Pedro
Fages, who had succeeded Neve as Governor of Cali-
fornia. Father Murguia did not live to witness this
imposing ceremony, he having died of a slow fever
five days prior to the event.
In June of the same year in which the Santa Clara
Mission was established, Don Felipe de Neve sug-
gested to his superiors the advisability of establish-
ing a settlement on the Guadalupe River, forty- eight
miles from the presidio at San Francisco and seventy-
eight miles from Monterey. He described the ex-
traordinary fertility of the country and demonstrated
that it would not only furnish ample supplies for the
troops quartered at the presidio, but would in a very
short time yield a handsome revenue to the crown.
The suggestion was several months in traveling
through the Spanish circumlocution office, but it
30
PEN PICTURES FROM THE "GARDEN OF THE WORLD."
finally reached the end of its journey and was ap-
proved, and in November of that year, Don Jose de
Moraga, a Spanish lieutenant commanding at the
presidio at San Francisco, received orders to detail
nine soldiers who had experience as agriculturists,
two settlers, and three laborers, and proceed to form a
settlement at the point indicated in the Governor's
suggestion. This he did, and located his camp on
the banks of the creek just north of the present city
limits, and called it the " Pueblo de San Jose de
Guadalupe."
He reported his location to the central government
through the usual channels, and two years afterward,
March 6, 1779, his actions were approved. In 1782,
Lieutenant Moraga was directed to make an allot-
ment of land to each of his troops, which he did, as
will be seen by the accompanying diagram. The
names of the original settlers were: Ygnacio Archuleta,
Manuel Gonzalez, Jose Tiburcio Vasquez, Manuel
Amesquita, Antonio Romero, Bernardo Rosalez,
Francisco Avila, Sebastian Alvitre, and Claudio
Alvirez.
It was not long until the settlers discovered that
they had made a mistake in the selection of a site
for their town. The place was comparatively low,
and during the winter frequently overflowed, much to
the discomfort of the settlers. This caused much dis-
content, but no direct steps were taken to secure a re-
location of the pueblo until 1785, when a formal
petition was sent to the central authorities asking per-
mission to move the settlement to higher ground.
In his report on the subject. Lieutenant Moraga
states: —
"At the time I obtained command as commis-
sioner of the pueblo, the water raised so high that
a little more would have carried off our houses.
Some of them were much injured, and we were
deprived of going to mass and confession, not being
able to pass to the mission without going round
circuitously a distance of three leagues, to avoid the
bad places, which were so numerous in such weather.
And in the bad places many were left afoot without
being able to use their horses; nor could they look
after their cavallado (meaning their horses turned out
to graze), nor use them to notify each other in case of
any trouble or accident. Already in the pueblo, and
in the adjoining mission, on such occasions, the wild,
unchristianized Indians have committed depredations.
Finally, for sowing wheat, corn, and other grains,
the carrying of the mails, and the passage of pack
trains, it (the new site recommended), offers great
advantage, as well as for timber and wood; every-
thing is nearer and more convenient, and I fully
approve of the view of the citizens."
Some of our older citizens now living can remem-
ber the miserable condition in which these lowlands
were plunged at the time of high water, and could add
something to Lieutenant Moraga's list of incon-
veniences. But since the improvement of the chan-
nel of the creek, under American occupation, nothing
of this kind has been known. - It required twelve
years from the time the first petition was transmitted
to the Governor before the removal could be accom-
plished, but it was finally effected in 1797, the center
of the new site being at about the present northwest
corner of Market and El Dorado Streets.
At the death of Father Murguia, as noted above,
the Mission of Santa Clara was placed under the di-
rection of Father Diego Noba, and under his super-
vision continued the successful work of the institution.
Looking at our beautiful valley at the present time,
covered with orchards and vineyards and stately
edifices, it is difficult to imagine what its appearance
was at that time. The only writing which will ap-
proach a description is from the report of Captain
Vancouver, the great navigator, who, having come into
San Francisco Bay, visited the mission in 1792. It
contains not only a statement of the appearance of
the country, but the condition of the mission. He
says : —
"We continued our course parallel to the sea-coast,
between which and our path the ridge of mount-
ains extended to the southeastward, and, as we
advanced, their sides and summits exhibited a high
degree of luxuriant fertility, interspersed with copses
of various forms and magnitude, and verdant open
spaces encircled with fruit trees of different descrip-
tions. About noon we arrived at a very 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 place, 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 the true
old English oak; the underwood, that 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 covered with luxuriant herbage, and beauti-
fully diversified with pleasing eminences and valleys,
which, with the lofty range of mountains that bounded
PEN PICTURES FROM THE "GARDEN OF THE WORLD.'
31
the prospect, required only to be adorned with neat
habitations of an industrious people, to [iroduce a
scene not inferior to the most studied effect of taste in
the disposal of grounds. * * * *
"Soon after dark we reached the Santa Clara Mis-
sion. Our journey,except through the morass.had been
pleasant and entertaining, and our reception at Santa
Clara, by the hospitable Fathers of the mission, was
such that e.xcited in every breast the most lively sen-
sations of gratitude and regard. Father Tomas de la
Peua appeared to be the principal of the missionaries.
The anxious solicitude of this gentleman and of his
colleague. Father Joseph Sanchez, to anticipate all
our wishes, unequivocally manifested the principles
by which their conduct was regulated. The buildings
and offices of the mission, like those of San Francisco,
form a square, but not an entire inclosure.
"It is situated in an extensive, fertile plain, the soil
of which, as also that of the surrounding country, is a
rich, black, productive mold, superior to any I had
before seen in America. The church was long and
lofty, and as well built as the rude materials of which
it is composed would allow, and, compared with the
unimproved state of the country, was infinitely more
decorated than might have been reasonably expected.
Apartments, within the square in which priests re-
sided, were appropriated to a number of young female
Indians, and the like reasons were given as at San
Francisco for their b:ing so selected and educated.
Their occupations were the same, though some of
their woolen manufactures surpassed those we had
seen before, and wanted only the operation of fulling,
with which the Fathers were unacquainted, to make
them very decent blankets. The upper story of their
interior oblong square, which might be one hundred
and seventy feet long and one hundred broad, was
made use of as granaries, as were some of the lower
rooms; all of which were well stored with corn and
pulse of different sorts; and, besides these, in case of
fire, there were two spacious warehouses for the re-
ception of grain, detached from each other and the
rest of the building.s, erected at a convenient distance
from the mission. These had been recently finished,
contained some stores, and were to be kept constantly
full, as a reservoir in the event of such a misfortune.
"The maize, peas, and beans are sov\n in the spring
months and succeed extremely well, as do hemp and
flax, or linseed. The wheat affords, in general, from
twenty-five to thirty for one, according to the season,
twenty-five for one being the least return from their
fields, notwithstanding the enormous waste occasioned
by their rude method of threshing, which is performed
in the open air by the treading of cattle. Neither
barley nor oats were cultivated. As the superior
grains could be cultivated with the same labor that
the inferior ones could, they had some time ago de-
clined the cultivation of them. Here were planted
peaches, apricots, apples, pears, figs, and- vines, all of
which, except the latter, promised to succeed well.
The failure of the vine here, as well as at San Fran-
cisco, is ascribed to a want of knowledge in their cult-
ure, the soil and climate being well adapted to some
sorts of fruits. The priests had a guard of a corporal
and six soldiers." The great navigator did not dream
that in less than a hundred years, this fertile valley
would be sending her fruits to all parts of the globe,
and that her wines would be in competition with the
products of the most noted vineyards of the Old World.
The beginning of the present century saw both the
religious colony at the mission and the civil colony at
the pueblo fairly settled. There had been some dis-
pute as to the line dividing the two jurisdictions, but it
had been finally determined by locating it midway
between them, or about the position of the Mt. Diablo
meridian. The present Alameda was also laid out,
for the purpose of affording easy communication be-
tween the pueblo and the mission. It was about one
hundred feet wide, with a row of trees on each side,
and one through the center. The trees were of black
willow and sycamore, but the sycamores have long
since disappeared. There was, originally, a ditch run-
ning through the center of the road for the purpose
of drainage, but when the adjoining fields began to
be cultivated, the water was diverted from the ditch,
and it gradually filled up and was obliterated. There
is a tradition among the older inhabitants that the
trees were planted on the Alameda for the purpose of
affording a refuge from the attacks of the cattle that
were running at large through the country. This,
however, must have been a mistake, for, at the time
the Alameda was constructed, there were only one
hundred and fifteen head of cattle owned in the district.
Although this was not the object of their planting,
there are many well-authenticated cases where these
trees have afforded protection to pedestrians from the
horns of infuriated steers.
The history of Santa Clara County is divided into
three distinct periods : The grazing, or stock-growing
era; the agricultural, or grain-growing era; and the
horticultural, or fruit-and-vine-growing era, and the
lines between them are plainly marked. The mission
and the pueblo were both pastoral communities, and
32
PEN PICTURES FROM THE "GARDEN OF THE WORLD."
by them was inaugurated the first era; the second
came with the American occupation, while the third
dates its birth from the advent of the transcontinental
railroads.
From the founding of the two original colonies up
to the American occupation, the Santa Clara Valley-
has no history of importance, and, in fact, no records
from which history could be written, except the mis-
sion archives. The population increased as the fer-
tility of the soil became known, and in a very few
years the Spaniards had taken possession of all the
then desirable land without reference to the rights of
the natives. In fact, the Indians were not considered
to have any rights, unless they had placed themselves
under the protection of the mission. The herds
increased more rapidly than the population, and it was
but few years until the entire plain was covered with
cattle, horses, and sheep. The latter were grown
principally for their wool, from which the people
manufactured their clothing; the horses were used for
transportation and in the care of their herds, while
their chief dependence was their cattle. Money was
exceedingly scarce, and its substitute was hides and
tallow.
Outside of the pueblo all was grazing land,
and any citizen of good character, who had cattle,
could have assigned to him a tract of any reasonable
extent. These grants were called rauclios, and ihe
grantees, ranclieros. There were no regular lines
dividing the ranchos, their boundaries being deter-
mined by certain permanent landmarks. The grants
usually ran f jr a specified number of leagues, which
were measured in a very primitive manner. Two
men on horseback, with a measuring line of rawhide,
would ride around the boundaries, accompained by a
judge and witnesses. In addition to the impossi-
bility of horsemen making accurate measurements,
the rawhide rope would either stretch or shrink
according to the state of the atmosphere. But this
was a matter of little consequence at that time. The
land was worth nothing to the Government, and if
the measurements varied a few leagues from the
amount specified in the grant it made no particular
difference so long as it did not conflict with previ-
ous grants. There were generally no improvements
except some rough buildings and corrals, many of
the rancheros residing at the pueblo. There were
no fences, the cattle roaming at will through the
country, the owners relying on their brands and ear-
marks for identification. At a specified time each
year, generally about the middle of March, earlier or
later according to the peculiarities of the season, all
of the cattle were brought up, the proper brands and
marks placed on the calves, and returned to their
respective ranchos.
These annual segregations were termed rodeos, and
were attended by all the rancheros and their vaqueros^
or herdsmen, in the district. This was necessary, for
the reason that cattle would sometimes stray for a
distance of fifty or sixty miles, and owners of large
herds would find some of their property on nearly
every rancho in the country. Notice of a rodeo
would be given by sending messengers to all the cattle
owners in the district, and these, with their vaqueros,
would assemble on the appointed day at the designated
place. All the cattle on the rancho were gathered in
one place, where each ranchero would take out those
bearing his brand, including unbranded calves which
followed their mothers. What was left belonged to
the owner of the ranc o. It often happened that
calves would escape the rodeo and reach maturity
without branding. These were termed orejana, and
belonged to no one, or, more properly, they belonged
to any ranchero, who, finding them on his rancho,
would take them up and mark them. The party
would move from rancho to rancho until all the cattle
in the district had been through the rodeo. The
rodeo season was one of festivity. On each rancho
entertainment was furnished for all, and evenings
devoted to music, dancing, and feasting would follow
each day's work.
Some idea of the number of cattle in this district may
be had from the statement that one ranchero, Joaquin
Bernal, who occupied the Santa Teresa Rancho, about
eight miles south of San Jose, branded about five thou-
sand head of calvjs each year. This cattle business
developed the settlers into the best horsemen in the
world. They lived in the saddle, and it was said that
any one of them would walk two miles for the purpose
of catching up a horse, in order that he might ride
half a mile. In fact, it was unsafe for a pedestrian to
be outside the pueblo. The wandering cattle would
often attack a man on foot, while they would make
no demonstration against one who was mounted.
Some of the feats of these horsemen seem incredible.
They would, at full gallop, ride down a wild bull,
seize it by the tail, pass it under his legs, and throw
him on his back without slacking speed. Placing a
Mexican dollar between each knee and the saddle,
they would leap hurdles without displacing the coin.
They could pick up any article from the ground with
their horses running at the top of their speed. Their
PEN PICTURES FROM THE "GARDEN OF THE WORLD.'
33
animals were trained so that they hardly needed the
rein for their control. The young men especially
took great pride in the education of their horses, and
it was not an unusual thing to see a party of these
caballeros with guitars in their hands and mounted on
their gaily-caparisoned steeds, marching through the
streets of the pueblo, playing on their instruments^
and at the same time controlling their animals so
that they kept perfect time to the music. Their
dexterity with the lasso or riata, as it was more fre-
quently called, was no less astonishing. As an
offensive weapon it was more effective in their hands
than knife or pistol. With it they could, without dis-
mounting, catch, throw down, and tie the wildest and
fleetest steer on the plains; and there are many
stories now current of the same exploit having been
performed on the fierce grizzly of the mountains.
After the rodeo came the butchering season, or
matansa, as they called it. This was the annual
slaughtering of cattle for their hides and tallow, and
usually occurred in May, or at a time in the spring
when the season was far enough advanced to predict
with sufficient certainty as to the amount of feed that
would be produced ; and on this depended the number
of cattle slaughtered, as their object was to keep only
as many as they could furnish pasturage for. The
matanza, from an esthetic point of view, is not near!)-
so attractive as the rodeo, but it was fully as neces-
sary, for this was, practically, the gathering of the
annual crop. The beeves were killed and skinned and
the hides dried in the sun; the best of the tallow was
removed and placed in bags made of hides; the other
fat was made into soap. The best pieces of meat were
cut into thin strips or torn into shreds and dried in
the sun, thus making what the Mexicans called came
seca, and which was known to the Americans as
"jerked beef" The hides and tallow were sold either
to the vessels at San Francisco or to local dealers at
the pueblo, and these two articles were all that these
primitive people had to export from this fertile valley,
the "Garden of the World." What a change has
half a century wrought ! The average market price
of the hides was a dollar and a half in cash or two
dollars in trade, while tallow brought three cents per
pound in trade. These prices were within the recol-
lection of the "oldest inhabitant," and they must have
been much less before the advent of the Americans.
The old records of Eastern commercial houses show
that their vessels were sometimes compelled to remain
a full year on this coast before they could obtain
sufficient quantity of hides and tallow to pay for the
5
goods brought out for barter with the rancheros.
This, however, was only when the season was unfavor-
able for stock. The dwellings of these people, although
lacking in architectural adornment, were solidly built
and very convenient. The material used was the
black soil of the lowlands, which was mixed with straw
and moulded into bricks eighteen inches square and
three inches thick. These bricks were dried in the
sun and laid in the walls with a mortar made of the
same material. The rafters were rough poles denuded
of bark, while the roof was of rushes, called tides, and
fastened with rawhide thongs. In later days the tule
roof, in the more pretentious buildings, gave place to
the tile, a heavy, cumbrous arrangement, but less
impervious to water and not so susceptible to fire.
The bricks were called adobes, and they gave their
name to the soil from which they were made.
Their agricultural products were limited, and their
implements rude. They cared to raise no more than
was necessary for their own subsistence. Wheat,
beans, maize, melons, and pumpkins constituted nearly
their entire crop, although the different fruits were
cultivated to some extent at the mission. Stewed
beef and beans, well seasoned with red peppers (cJiili
Colorado) was their principal dish, while for bread they
used the tortdla, a flat, wafer-like cake made generally
of wheat flour, but frequently of corn meal, and was
baked on flat irons before the fire. This was a rude
sort of diet, but, with their skill in preparation, it was
very palatable and wholesome; dyspepsia was an un-
known disease among them. Their plows were con-
structed from branches of trees, where a proper crook
could be found, the portion representing the point and
share being sometimes shod with a bullock's horn or
iron. An oak branch served the purpose of a harrow.
Their beasts of burden were o.xen ; horses, although
numerous, were hardly ever used for this purpose.
The yoke was placed across the foreheads and fastened
with rawhide thongs. Their vehicles had but two
wheels, and these were sections of a log with holes
bored through the center for the insertion of the axles,
which were held in place by hard-wood pins on each
side. There was no lubricator known that would
modify the unearthly screeching emitted from these
rude carts when in motion. A good representation
of these rude vehicles will be found in the picture of
the Santa Clara Mission on the following page.
The crops were cut with a sickle or any other im-
plement that would serve the purpose. The grain-
fields were protected from invasion by the wandering
herds of horses and cattle by means of rows of brush.
PEN PICTURES FROM THE "GARDEN OF THE WORLD:
or ditches. Their methods of threshing were still
more rude. The process is thus described by Judge
R. F. Peckham, a pioneer of 1846 : —
" The floor of the corral, into which it was custom-
ary to drive horses and cattle in order to lasso them,
from constant use had become hardened. Into this
inclosure the grain would be piled, and upon it, the
manatlia, or band of mares, would be turned loose to
tramp out the seed. The wildest horses, or mayhap
the colts that had been driven but once, and then
to be branded, would be turned adrift upon the
straw, when would ensue a scene of the wildest con-
SA.NTA. CLARA IVIISSION
fusion, the excited animals being urged, amidst the
yelling of vaqueros and the cracking of whips — here,
there and everywhere, around, across, and length-
wise — until the whole was trampled and naught waS
left but the grain and chaff. The most difficult
part, however, was the separating of these two ar-
ticles. Owing to the length of the dry season there
was no urgent haste to effect this; therefore, when
the wind was high enough, the trampled mass would
be tossed into the air with large wooden forks cut
from the adjacent oaks, the wind carrying away the
lighter chaff and leaving the heavier grain. With a
favorable breeze several bushels of wheat could thus
be winnowed in the course of a day; while strange
as it may appear, it is declared that grain so sifted
was much cleaner than it is now."
From the same source, also, we have the following
description of an old-time Spanish mill:^
"The mill in which their grain was ground was
made of two stones, as nearly round as possible,
of about thirty inches in diameter, and each being
dressed on one side to a smooth surface. One was
set upon a frame some two feet high, with the smooth
face upwards; the other was placed on this with
the even face downwards, while through an inch
hole in its center was the wheat fed by hand. Two
holes drilled partly through each admitted an iron
bolt, by means of which a long pole was attached.
To its end was harnessed a horse, mule, or donkey,
and the animal being driven round in a circle caused
the stone to revolve. We
are informed that these
mills were capable of grind-
ing a bushel of wheat in
about twelve hours \ "
The people themselves
were of a light-hearted,
joyous temperament, best
described by our word
"jolly." They never made
a toil of a pleasure, nor
permitted labor to inter-
fere with their amusements.
With all this they were rev-
erent in religious matters,
the women in particular
being very devout in their
observance of all the church
ordinances. The men al-
ways uncovered in passing
the church door, which
was always open. Their principal amusements were
competitive trials of horsemanship, music, dancing,
bull-fighting, and gambling. Bull-fighting was abol-
ished by law in 1854, but no legislative enactment
could ever restrain the Spaniard's passion for gam-
bling. They would gamble on horse-races, cock-fights,
bull and bear-fights, but their principal game was
monte, and at this they would wager money, horses,
cattle, and even the clothing from their backs. With-
in the memory of some of the older pioneers are the
names of many rich families who were reduced from
affluence to poverty by this vice. To obtain money
with which to gratify this passion, lands would be
pledged or sold, and, in this manner, vast domains
were lost to the original holders. With all this, they
were a temperate people, into.xication being almost
entirely unknown prior to the American occupation.
Their disputes were few and easily adjusted. The
PEN PICTURES FROM THE "GARDEN OF THE WORLD:'
35
administration of justice was simple and effective, and
the results j^enerally satisfactory, the more so because
cases were decided on their merits and not on techni-
calities. Judge Peckham says of the administration
of justice under the Mexican regime: —
" There were neither law books nor lawyers, while
the laws were mostly to be found in the traditions of
the people. The head officer in each, village was the
Alcalde, in whom was vested the judicial function, who
received, on the enactment of a new law, a manuscript
copy called a baiido, upon the obtaining of which a
person was sent round beating a snare drum, which
was the signal for the assemblage of the peo[ile at the
Alcalde's office, where the act was read, thus promul-
gated, and forthwith had the force of law. When a
citizen had cause of action against another, requiring
the aid of court, he went to the Alcalde and verbally
stated his complaint in his own way, and asked that
the defendant be sent for, who was at once summoned
by an officer, who simply said that he was wanted by
the Alcalde. The defendant made his appearance
without loss of time, where, if in the same village, the
plaintiff was generally in waiting. The Alcalde com-
menced by stating the complaint against him, and
asked him what he had to say about it. This brought
about an altercation between the parties, and, nine
times out of ten, the Alcalde could get at the facts in
this wise, and announce judgment immediately, the
whole suit not occupying two hours from its begin-
ning. In more important cases three ' good men '
would be called in to act as co-justices, while the tes-
timony of witnesses had seldom to be resorted to. A
learned American judge has said that the native Cal-
ifornians were, in the presence of their courts, gen-
erally truthful. What they know of false swearing or
perjury they have learned from their associations
with the Americans. It was truthfully said by the
late Edmund Randolph, that the United States Board
of Commissioners to settle private land claims in Cal-
ifornia had been the graves of their reputations."
Until 1803 the only church in the jurisdiction was
the mission church at Santa Clara. In that year the
population of the pueblo and surrounding country
had increased to such an extent that it was considered
necessary that a place of worship should be erected
nearer home.
The petition for the establishment of a chapel within
the limits of the pueblo set forth not only that the
mission church was too distant for the poblanos to
attend regularly, but that the journey was fraught
with too many dangers. What constituted the haz-
ard in passing this short distance we are not informed
by the petitioners, and whether it was the danger of
being gored by wild cattle or of being drowned by the
high waters of the Guadalupe, is left to conjecture.
Whatever criticisms might have been made on the
petition, they did not amount to serious objections,
and the building of the new church was agreed to.
An invitation was sent to Don Jose de la Guerra,
commandante at San Carlos or Carmel, near Mon-
tery, to act as sponsor. He replied that, while he felt
flattered by the invitation, his daily walk was so full
of errors, or, as he put it, so full of impiety, that he
did not feel himself fit for the duty; but he appointed
Don Jose Estudillo, a cadet, to officiate in his place.
The corner-stone was laid on the twelfth day of July,
with appropriate ceremonies. The following state-
ment, written in the Spanish language, was deposited,
among other things, in the stone, and gives a full ac-
count of the proceedings: —
" In the pueblo of San Jose de Guadalupe, the
twelfth of July, 1803, Sefior Don Carlos IV. being King
of Spain, Don Jose Joaquin de Arrillaga, Governor ad
interim and Lieutenant-Colonel of the Royal Army;
the retired sergeant, Macario de Castro, Commissioner
of the Pueblo; Ignacio Archuleta, ordinary Alcalde,
and Bernardo Heridia and Francisco Gonzale.s, regi-
dores, at six o'clock on the evening of said day was
made the consecration of the first stone and mortar
of the church, which was commenced in the said pu-
eblo, dedicated to the patriarch Senor St. Joseph and
the virgin Guadalupe; which ceremony was celebrated
with much solemnity by the Reverend Friar, Jo eph
Viader, minister of the Santa Clara Mission; Don
Jose Maria Estudillo, cadet, acting as god-father, by
proxy, from Alferez de Jose Antonio de la Guerra y
Noriega, commandante at the presidio at Monterey,
and who placed under the first stone money of every
sovereign, and a duplicate of this document, in a bottle
sealed with wax, for its preservation in the future; and
for the present we sign it in the said pueblo, the day,
month, and year aforesaid.
■f ^ t-Qi-'-'M? "Fr. Jose Viader,
-^-*-'^'^'^-'' * '^ "Jose Maria Estudillo,
" As proxy for Alferez de la Guerra y Noriega.
"Macario de Castro, Commissioner^
In the first quarter of the present century two im-
portant events occurred which had a marked effect
upon the country. We refer to the throwing off by
Mexico of the yoke of old Spain and the establish-
ment of the Mexican republic, and the secularization
of the missions. The independence of Mexico was
36
PEN PICTURES FROM THE "GARDEN OF THE WORLD."
acknowledged in 1 821, and the practical destruction
of the missions followed soon after. As early as 18 13
it was suggested by the home government that the
missions, as a distinct institution, had accomplished
their work and could be turned over to the secular
clergy, and the services of the Fathers be dispensed
with. It is thought that this suggestion was animated
by a desire on the part of the government to absorb
the " pious fund," a revenue which had been set aside
for the support of the missions. Whether or not this
suspicion was true, it had that effect. Some idea of
the work accomplished by the Fathers up to this
period may not be uninteresting. Between the years
1802 and 1822 seven thousand, three hundred and
twenty-four Indians were baptized at Santa Clara
Mission, two thousand and iifty-six were married, six
thousand five hundred and sixty-five had died, and
one thousand three hundred and ninety-four still lived.
It is estimated that there were four thousand Indians
in the surrounding rancherias who had not succumbed
to the influence of the Fathers, and were what were
called "wild."
The proposition to confiscate the pious fund was
a menace which tended to unsettle affairs at the mis-
sion. As Father Gieeson says : "It was not to be ex-
pected that with such a resolution before their eyes
the Fathers would be as zealous in developing the nat-
ural resources of the country as before, seeing that
the result of their labors was, at any time, liable to
be seized on by the government and handed over to
strangers." The converts soon perceived this lack of
zeal and became imbued with the .same spirit. The
new republic showed as much hostility to the mis-
sions as the Spanish crown had done, and finally,
in 1826, the Federal government issued an order to
the authorities in California directing the liberation
of the Indians, and a few years later an act was
passed by the Legislature ordering the whole of the
missions to be secularized and the religious to with-
draw. To justify this act, it was stated that the
missions were never intended to be permanent estab-
lishments, but were to give way, after a time, to the
regular ecclesiastical system, when the people would
be formed into parishes, attended by a secular clergy.
The decree was passed in 1833 and put in force in
1834. The lands were handed over to the Indians to
work or to abandon, and they generally chose the
latter.
When the decree went into effect there were
eighteen hundred Indians at the mission of Santa
Clara, while the mission owned seventy-four thou-
sand two hundred and eighty head of cattle, four
hundred and seven yoke of working oxen, eighty-two
thousand five hundred and forty sheep, one thou-
sand eight hundred and ninety horses broken to
the saddle, four thousand two hundred and thirty-
five brood mares, seven hundred and twenty-five
mules, and one thousand hogs. Eight years later
there were only four hundred Indians at this mis-
sion, with fifteen hundred head of cattle, two hun-
dred and fifty horses, and three thousand swine. This
decrease continued until in a few years the work of
the missions was only a matter of history. The orig-
inal cross erected by Father Pefia still stands as a
monument to the memory of the fathers whose relig-
ious zeal led them into the wilderness of the new
world for the purpo.se of teaching to the benighted
natives the doctrines of Christianity and the arts of
civilization. Some remnants of the orchards planted
by them are still in existence, and show how, at the
very commencement of the history of this country, its
future destiny was indicated.
The first enumeration of the inhabitants of the pu-
eblo was taken in 1831, and showed one hundred and
sixty-six men, one hundred and forty-five women, one
hundred and three boys, and one hundred and ten
girls, making a total of five hundred and twenty-four.
This would not seem, now, as a very great increase of
population for a period of forty years, but when we
consider that this was drawn principally from colo-
nies which were themselves sparsely peopled, the
growth of the pueblo of San Jose de Guadalupe will
be more justly estimated. The colonists had nearly
the whole Pacific Coast from which to select their lo-
cations, and the fact that so many chose the Santa
Clara Valley shows that even then its wonderful fer-
tility and magnificent climate were duly appreciated.
While these events were transpiring in this locality,
other portions of the Pacific Coast were being looked
over by a different class of people. Adventurous
navigators had visited the different natural ports, while
Vancouver had made his survey of the coast along
the present California line. The Russian fur traders
had founded Sitka, and extended their operations even
to California. Ships from the East India Company
visited here in the latter part of the last century, at
which time American vessels began to make their ap-
pearance. The British fur companies came in later,
and in 181 1 John Jacob Astor, the organizer and leader
of the Pacific Fur Company, founded the town of
Astoria near the mouth of the Columbia. This colony,
however, soon succumbed to the British traders, and
PEN PICTURES FROM THE "GARDEN OF THE WORLD."
37
many of the colonists came to California. It was
from the ships that visited this coast that the first
foreigners came to this valley. 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
1 8 14. He was a Scotchman and the causes for his
abandoning his ship are differently stated. One re
port is that he had a quarrel with one of his officers
and deserted, while it is just as positively stated that
he had a severe attack of the scurvy and was left on
shore to be cured. However that may have been, it
is well authenticated that, in that year, he found his
way into this valley from Monterey, and stopped at
San Ysidro, which was afterwards named Gilroy from
him.
He was hospitably received and finally married
into the wealthy family of the Ortegas. He was a
man of considerable force of character, and accumu-
lated a large property in lands and cattle, but at last
died poor in 1869. His real name was said to be
John Cameron, but he was always known here as
Gilroy. He was accompanied, on his advent into this
valley, by a comrade whom he called "Deaf Jimmy,"
who tarried but a short time and then went north of
the bay.
Prominent in the history of California is the
name of Robert Livermore, also a native of Scotland,
who came here in 18 16, but remained only a short
time, when he went north and settled in the valley
which now bears his name. In those early days
every person was called a foreigner who was not a
Spaniard or a Mexican, and there was a distinction
made even between these. The Spaniards, or Cas-
tilians, as they insisted on calling themselves, were
those whose families came from Spain and whose de-
scendants had never intermarried with the natives of
the New World. They were very proud of the purity
of their blood. The Mexicans were the descendants
of those who had mixed with the native races of
Mexico, and into whose language had crept many of
the old Aztec words and phrases.
In i8i8 there came here a man whose name is his-
toric in this community, Don Antonio Sunol. He
was a native of Barcelona, Spain, but had served in
the French navy under the First Empire. He was
an officer of distinction and was present when Napo-
leon surrendered after Waterloo. He then sought the
New World andsettled inthis valley, where he achieved
distinction, wealth, and respect. He died in San Jose
in 1865, after an experience here of nearly half a
century. The first citizen of the United States to
settle in the Santa Clara Valley was Philip Doak.
He was a block and tackle maker employed on a
whaling vessel. He left his vessel in 1 822 at Monterey
and came here, settling near Gilroy. He located him-
self on the ranch of Mariano Castro, afterwards
known as the "Las Animas," and finally married one
of Castro's daughters. Matthew Fellom came here in
the same year and located near San Ysidro, or Old
Gilroy, as it is now called. Fellom was a Dane, and
also belonged to a whaler, which he left at one of the
northern ports and made his way overland to San
Jose. The land on which he made his location is
now owned by W. N. Furlong. He lived until 1873.
These were the only foreigners that we have any
record of as living here up to 1830, if we except one
William Willis, an Englishman, who was known to
be in the pueblo in 1828, but whose antecedents or
subsequent history are unknown. It has been esti-
mated that, at this time, the number of foreigners in
the whole of California did not exceed one hundred.
From this time on the arrivals in this valley became
more frequent. John Burton came here in 1830; he
was afterwards Alcalde of the pueblo. Harry Bee,
the oldest living inhabitant of the county, came to
this valley in 1833, but he had been on the coast for
six years prior to that time. He had passed most of
the intervening time at Monterey, where he had come
in 1827 with a Dr. Douglas, a naturalist. He was
quite active during the Mexican War, performing valu-
able services for General Fremont as scout and
courier. At the same time came William Gulnac,
James Alexander Forbes, James Weekes, Nicholas
Dodero, John Price, William Smith, nicknamed "Bill
the Sawyer," George Ferguson, Thomas Pepper, who
the Californians called "Pimiento," William Welsh,
a man called "Blind Tom," Charles Brown, and a per-
son called "Moche Dan." Thomas Bowen and Will-
iam Daily came in 1834. Of these, several were
prominent, either in the early days or in the later
history of the county. Gulnac was for many years
mayor domo at the Mission San Jose. He married into
the Ceseiia family. Forbes was vice-consul for Great
Britain. Weekes served as Alcalde in 1847. In 1838
Henry Woods and Lawrence Carmichael arrived.
These people all came by vessel and chance decided
their location. They affiliated with the Spanish popu-
lation, in many instances marrying into their families
and adopting, to a great extent, their customs and
methods of living. Overland ti avel commenced about
38
PEN PICTURES FROM THE "GARDEN OF THE WORLD."
1841. Even before this tim.e 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, nearly all the over-
land trains were pointed to Oregon. Some of these
having reached the Sierras and hearing something of
California, came here instead. In 1841 Josiah Bel-
den, Charles M. Weber, and Grove C. Cook came
overland, as did also 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 important incident,
as with it came three ladies, wives of Martin, Shad-
den, and Bennett, the first foreign ladies to settle in
the district. The next year, 1844, came the Murphy
party. The history of these people is important, from
the fact that they were the first to cross the mount-
ains with wagons, and that from their advent to the
present time they have been an important factor in
the development of the State.
STORY OF THE MURPHY PARTY.
Martin Murphy, Sr., was bom in County Wexford,
Ireland, November 12, 1785. Here he grew to man's
estate, an intelligent, industrious, and pious man, but
dissatisfied with the meager amount of political liberty
accorded to the Irish citizens of Great Britain, in Ire-
land. He married, at an early age, a Miss Mary
Foley, whose family afterwards became prominent in
America, two of them becoming archbishops and
others achieving high places in commercial and
manufacturing pursuits. Several children were born
to Mr. and Mrs. Murphy in Ireland. As the family
increased, so did Mr. MurpSy's desire for larger free-
dom, and in 1820 he emigrated to Canada, taking all
his children except his oldest son, Martin, and his
daughter Margaret. He settled in the township of
Frampton, near Quebec, v/here he purchased a tract
of land and commenced to create a home. Two years
afterwards his son Martin and his daughter Margaret
joined them from Ireland. Martin, Jr., went to work
at Quebec, where he met and married Miss Mary
Bulger, July 18, 1831. The next year, the cholera
having become epidemic at Quebec, young Martin
purchased a tract of land near his father, and moved
onto it with his family. Old Mr. Murphy was still
not satisfied with his political surroundings and looked
longingly across the border to the great republic,
beneath the folds of whose starry flag perfect re-
ligious and political liberty was maintained. Finally,
in 1840, he removed his family (except his sons Mar-
tin and James, with their families) across the then
western wilds to the State of Missouri, and settled in
Holt County, on what was then called the Platte Pur-
chase. Martin Murphy, Jr., who, when he left Quebec,
had settled in Frampton, bought land, hewed timbers,
and erected a roof-tree for his young family, remained
in Canada until 1842, when he sold his property, and,
with his brother James, joined his father in Missouri.
The Murphys were essentially a family of pioneers;
not from a nomadic disposition that rendered them
uneasy unless in motion, but because they were seek-
ing certain conditions and were determined not to
rest until they found them. That no obstacle would
stop them in their search for political liberty was
demonstrated when they abandoned their native land
to seek a home in America, and still further proved
when they left the home built up in Canada, for the
unknown wilds of Missouri. This second journey
was full of inconvenience, and at that early day was
an undertaking formidable enough to cause the
bravest to hesitate. The course was as follows : Up
the St. Lawrence River past Montreal and across
Lake St. Louis to Kingston; thence across Lake
Ontario and up the Niagara River to Lewiston, near
the Falls; thence across the country to Buffalo;
thence across Lake Erie to Cleveland; thence by
canal south, across the State of Ohio, to the town of
Portsmouth; on the Ohio River; thence down the
Ohio to the Mississippi, touching at Cincinnati and
Louisville; thence up the Mississippi to St. Louis, and
thence up the Missouri to the Platte Purchase.
The location of the Murphy settlement was a few
miles below the present site of the city of St. Joseph,
but at that time there was nothing but a primitive
mill used for grinding corn. The place occupied by
our pioneers was called by them the " Irish Grove,"
in memory of their native land. They had purchased
several hundred acres, which they cultivated, and
proceeded to lay the foundations of a home. Here
was a rich soil, which responded with bounteous
crops to the efforts of the husbandman, and here also
was the perfect political liberty in pursuit of which
the patriarch had traveled thousands of miles, en-
countering dangers by land and by sea. But there
were two things lacking — health and educational and
religious privileges. The virgin soil, covered with
decayed vegetation, the deposit of centuries, was the
lurking-place of deadly malaria, and, when turned up
by the plow, the atmosphere was filled with germs of
that dread disease, fever and ague, the scourge of the
West in the days of its early settlement. There were
^yi€aji^^t^7^ ^.y^LMy
PEN PICTURES FROM THE "GARDEN OF THE WORLD."
39
no schools or churches, teachers or ministers of the gos-
pel.
All of our settlers were attacked by the prevalent
disease, and some of them died. Among these were
his wife, and Eliza, Mary, and Nellie, daughters of his
son Martin. Martin Murphy, the head of the family,
was in anguish of mind at the condition of affairs. He
was a devout Catholic and had reared his family in that
faith. He saw his younger children and his grand-
children growing up in the wilderness with no religious
instruction, and no holy priest to administer the con-
solation of the church to the sick or dying. The
absence of these things was a heavy price to pay for
the broad domain whose fertile soil would soon
blossom into a valuable estate. While matters were
in this condition the settlement was visited by Father
Hookins, a Catholic missionary, who had penetrated
the wilderness to administer the sacraments to those
of his faith who located their homes on the outskirts
of civilization. He found the Murphys in much dis-
tress, mourning over loss of loved ones and full of
anxiety as to the fate of others who were sick. He
was a man of wide information and had traveled
much. He had met brothers in the church who had
described the glorious climate and fertile soil of Cali-
fornia, a country which owed its settlement to the
Mission Fathers, and where the cross was planted on
every hill-side and in every valley, and which was
under a government of which Catholicism was the
established religion. All these things Father Hook-
ins told the bereaved family in the days that he passed
with them, trying to answer their eager inquiries
with detailed information. As to the location of this
wonderful land he could tell them that it was on the
shore of the Pacific Ocean, and that it lay in a westerly
direction from fever-stricken Missouri, but as to the
distance, route, or character of the country or people
intervening, he had no knowledge that would be use-
ful to anyone attempting the journey. But in spite
of this lack of all information as to how to reach this
Arcadia, when Martin Murphy announced his inten-
tion to seek it, he found his entire family ready to
follow him. We cannot sufficiently admire the
indomitable mind that could make so great a deter-
mination with so little hesitation.
Men have made perilous expeditions upon com-
pulsion or in quest of glory, but this proposition of
the Murphy family to cross pathless plains and track-
less deserts, and scale inaccessible mountains, with
uncertainty as to food supplies and the certainty of
meeting tribes of Indians, almost sure to be hostile,
and to do this with half a dozen men and boys, with
a larger number of helpless women and children,
meets no parallel in history. The voyage of Colum-
bus when America was discovered, contained no
element of danger — only uncertainty. His path was
defined; he would sail due west, taking sufficient pro-
visions; if in a certain time he met no land he would
return by the same easy route. It was a venture that
required but a small portion of the courage, and
involved none of the labor, entailed upon the Murphy
party. Much has been said and written to the glory
of Fremont, called the Pathfinder, who, two years
later, crossed the continent. He had with him a
large body of hardy and experienced frontiersmen,
versed in all knowledge of woodcraft, and inured to
exposure and hardships of all kinds. He had Kit
Carson and his company of scouts, the most skillful
ever known on the continent. He had abundant
supplies, with a force sufficient to cope with any hostile
band he might encounter. He had no women or
helpless children to impede his movements, and he
had the trail of the Murphy party to guide him. In
view of all the circumstances, the journey of these
Missouri emigrants in its inception and consumma-
tion transcends everything of the kind of which we
have any record.
But little time was allowed to escape after the
decision was made to seek the new El Dorado, and
the first of March, 1844, found them with their
belongings at Nisnabotna, a point on the Missouri
River, in the northwest corner of Missouri, and about
fifty miles south from Council Bluffs. Here they
were joined by a party made up by Dr. Townsend,
and they also found a large number of others, some
forty wagons in all, but most of these were going to
Oregon. Those bound for California were only eleven
wagons, with the following-named persons composing
the party: Martin Murphy, Sr.; Martin Murphy, Jr.,
wife and four children, James, Martin, Patrick W.,
Bernard D.; James Murphy and wife and daughter
Mary; Bernard Murphy, John Murphy, Ellen Murphy,
Daniel Murphy, James Miller and his wife, inr Mary
Murphy, and family; Mr. Martin, father of Mrs.
James Murphy; Dennis Martin, Patrick Martin, Dr.
Townsend and wife, Allen Montgomery and wife.
Captain Stevens, Mr. Hitchcock, Mrs. Patterson and
family. Mat Harbin, Mr. Calvin, John Sullivan and
sister, Robert Sullivan, Michael Sullivan, John Flom-
boy, Joseph Foster, Oliver Magnet (a Frenchman),
Francis Delanct, old Mr. Greenwood, John Green-,
wood, Britton Greenwood, and M. Schallenbcrger.
40
PEN PICTURES FROM THE "GARDEN OF THE WORLD:
Notwithstanding the smallness of their numbers,
they determined to go on, keeping with the Oregon
party as far as their paths ran together; after that
they would trust to their own resources to bring them
safely through to the promised land. They proceeded
north to Council Bluffs, where they organized the
entire company for offense and defense. Mr. Stevens
was chosen captain, and corporals of guard were
selected from among the younger men. After laying
by for a few days in order to make repairs and perfect
their organization, the crossing of the Missouri River
was commenced.
From Mr. Moses Schallenberger we have obtained
many of the particulars of this famous expedition.
The difficulties that met the party at this, the first
stage of their journey, would have stopped many
stout-hearted men. The wagons were safely crossed
in a rude flat-boat, and it was intended to swim the
cattle. The river was full and they refused to take
the water, and when forced in would swim in a circle,
trying to save themselves by climbing on each other's
backs. They were finally permitted to return to the
bank, but some were stuck in the sand, which had
been tramped by them until it was as tenacious as
quicksand. When the water receded, a few of the
mired cattle were dug out with pick and spade, but
others were fastened so securely and deep that it was
impossible to rescue them, and they were abandoned.
It was a question whether they would be able to cross
their cattle at all. At last an expedient was hit
upon. Two men got into a canoe with a line, which
was tied round the horns of one of the gentlest of the
oxen. The ox was urged into the water until he was
compelled to swim, after which the men in the canoe
could easily guide him. Other cattle were then
forced into the stream, and following the lead of the
first, they were all safely crossed to the other side.
They were now in the country of the Otoe Indians,
a tribe which, though not considered hostile, had a
very bad reputation for honesty. Of the people of
the train only a few had crossed over when night
came, and the young men volunteered to go over and
stand guard. Those who were on the Otoe side
were Martin Murphy and his family, and John Sulli-
van with his two brothers and his sister Mary, who
afterwards married Mr. Sherbeck, of San Francisco.
John Murphy and Moses Schallenberger had been
chosen corporals of the guard. They were mere boys
in age, not over seventeen years, but were excellent
marksmen, and had a reckless bravery born of
frontier life. The wagons were formed into a corral
by drawing them into a circle and placing the tongue
of one wagon on the hind wheel of the one in front,
thus making a very good sort of a fortification. The
guard was placed outside of the corral and relieved
every two hours, each relief being in charge of a
corporal, whose duty it was to go from post to post
and see that each sentinel was alert. While in places
where the cattle might be lost or stolen, it was cus-
tomary to graze them under charge of herdsmen
until dark and then to bring them to the corral and
chain them to the wagons. This precaution was
taken on this first night across the river, on account
of the bad reputation of the Otoes.
The time passed quietly until midnight, when the
young corporals became disgusted with the monotony
and resolved to play a joke on John Sullivan. The
proposition was made by John Murphy, and in-
dorsed by Schallenberger, though not without some
misgivings as to what the result would be if Martin
should detect them. But to be assured, they informed
Mr. Murphy of the plot, who entered heartily into the
spirit of the scheme. Accordingly, John unfastened
Sullivan's cattle and drove them some distance into
the woods, and he then gave the alarm. Sulli-
van, who t seems had all night been convinced in his
own mind that the Indians were hovering about the
camp, jumped up with his gun in his hand, and all
joined in pursuit of the oxen. After a long chase, in
which Sullivan was given a due amount of exercise,
the cattle were again captured and secured to the
wagon, Sullivan returning to his slumbers. He had
barely got to sleep when the alarm was again given,
and he again turned out, with some words not indicat-
ing much respect for the thieving Otoes. This time
the boys had driven the cattle further than before, and
the only way they couldbefoUowed was by theclinking
of the yoke ring. During the chase, Sullivan climbed
to the top of a log, and stood listening intently for
this sound. John Murphy, who was lying concealed
behind this log, when he saw Sullivan in this position,
fired into the air with his gun, which was a shotgun
heavily loaded. Sullivan leaped into the air, and, as
soon as he could recover himself, ran at full speed to
the wagons, crying out that he had been shot by an
Indian. In the meantime the cattle were recovered
and secured to the wagon, and Sullivan stood guard
over them until daylight. He frequently afterwards
referred to the narrow escape he had from the Indians
in the Otoe country.
The next morning the captain, in commending the
courage and skill of the young men in twice recaptur-
PEN PICTURES FROM THE "GARDEN OF THE WORLD."
41
ing the cattle, expressed his surprise that Sullivan's
oxen should have been taken each time and none of
the others disturbed. The boys explained this by
calling attention to the fact that Sullivan's cattle
were white, and could, on that account, be seen better
in the dark. Two days aftel" this event the entire
train had been brought across the Missouri and was
rolling toward the West. The "Horn," a stream en-
countered before reaching the Platte River, wascrossed
by sewing rawhides over one of the wagon boxes and
thus constructing a rude ferry-boat. The wagons
were unloaded and taken apart and put across the
stream in this boat, which occupied much time and
was tedious work. The horses and cattle were com-
pelled to swim. This was the last stream where they
were compelled to swim their stock; all the others
they were able to ford. No striking incident occurred
during their journey through the Otoe nation.
Arriving at the country of the Pawnees, they found a
village deserted by all but women, children, and infirm
old men. It seems that a short time previously the
Sioux had made a raid on them and exterminated
nearly all their able-bodied men. When the party
received this intelligence they knew they would not
be molested while in the Pawnee country. This gave
them more confidence in grazing their cattle, but the
vigilance of the guard was not relaxed at night. In
fact, the Pawnees were not considered hostile ; it was
the Sioux nation from which they had most to fear,
they being the most warlike, cruel, and treacherous
Indians at that time known to the whites.
Before reaching Laramie, herds of buffaloes were
encountered. The first were a few old bulls which,
not being able to defend themselves from the at-
tacks of the younger animals, had been driven from
the herd. They were poor and scrawny, but as they
were the first that the boys had seen they must neces-
sarily have a hunt. After putting about twenty
bullets into the body of one old patriarch, they suc-
ceeded in bringing him to the ground within fifty feet
of the wagons, in the direction of which he had charged
when first wounded. The meat was poor and did not
pay for the ammunition expended in procuring it.
However, before Fort Laramie was reached, the party
were able to secure an abundance of meat from
younger buffaloes, which is generally conceded to be
superior to that from any other animal.
The party reached Fort Laramie with little fatigue
and no loss. Here they found about four thousand
Sioux encamped round the fort. They had their
squaws and children with them, and for this reason
6
were not considered dangerous, this tribe being loth
to fight when accompanied by their families. While
there was no immediate danger to be apprehended,
there was great probability that, after leaving the fort,
they would encounter a hunting or war party. These
bands usually consisted of from one hundred to five
hundred men, unencumbered by women or children,
and never were known to waste an opportunity to
take a scalp. The party remained at Laramie several
days, having a good camp, with plenty of grass for
their stock. They traded some of their horses for
Indian ponies, thinking they were more hardy and
accustomed to the work on the plains. They also
bought moccasins to replace their boots and shoes,
which were pretty well worn out by their long tramp.
In resuming the march, still greater precautions were
taken to prevent surprise by the Indians. The wag-
ons were kept close together, so that they could be
formed into a corral with no unnecessary delay. As
the Indians in those days had no fire-arms it was
thought they could be kept at such a distance that
their arrows could not reach the pioneers. Fortu-
nately, the party had no use for these precautions, for
no Indians were encountered until the Snake nation
was reached.
For so large a train, the party was unusually har-
monious, only one occasion of discord having arisen
among them. This occurred while passing through
the Sioux country. The orders were that no fires
should be lighted after dark. This order was disre-
garded by an old gentleman named Derby, who
kept his fire burning after hours. Dr. Townsend,
who had charge of the watch that night, remonstrated
with the old man. Derby said that Captain Stevens
was an old granny, and that he would not put out his
fire for him or any other man. However, the fire was
extinguished by Townsend, who returned to his duties.
A few minutes only had elapsed until the fire was
burning as brightly as before. Dr. Townsend went
again to Derby and told him he must put the fire out.
"No," answered Derby, "I will not, and I don't think
it will be healthy for anyone else to try it." The
Doctor, seeing that argument was useless, walked up
to the fire and scattered it broadcast, saying to Derby
at the same time, "It will not be well for you to light
that fire again to-night." The Doctor was known to
be very determined, although a man of few words,
and Derby's fire was not again lighted. But the next
morning he complained to the captain, who it seems
had been a witness to the transaction of the night be-
fore. Captain Stevens sustained Dr. Townsend, and
42
PEN PICTURES FROM THE "GARDEN OF THE WORLD."
Derby, with an oath, declared that he would not travel
with such a crowd, and he actually did camp about
half a mile behind the train for a week afterwards;
but he lighted no fires after dark. One day when the
party had stopped for noon, some of the boys, return-
ing from a buffalo hunt, reported that they had seen
a band of Sioux. That night Derby camped with
the train and remained with them afterwards, cheer-
fully submitting to all the rules.
John Murphy had been quite ill for some time, but
was now recovered sufficiently to get around. He
was anxious to go on a buffalo hunt and persuaded
Schalienberger to accompany him. The boys were
quite proud of their skill as hunters, and promised the
camp a good supply of fresh meat on their return.
They started early in the morning, well mounted and
equipped for their expedition. They saw several
bands of buffaloes, and followed them nearly all day,
but in spite of all their strategy they were unable to
get near enough to shoot with any certainty. Each
herd had bulls stationed as sentinels on the higher
grounds, who would give the alarm before our hunters
could get within reach. Finally, the declining sun
warned them that they must return. Reluctantly
they turned their horses' heads toward camp, revolv-
ing in their minds the big promises they had made
before setting out in the morning, and the small chance
there was of their fulfillment. They had seen plenty
of antelope, but to carry antelope into camp, when
they had promised buffalo, would be considered a sort
of disgrace.
On the return, however, the herds of antelope be-
came more numerous, and some came so near to the
hunters that Murphy declared he was afraid they
would bite him, and, drawing up his rifle, killed one
in its tracks. Schalienberger suggested that since the
antelope was dead they had better save the meat.
They dismounted and commenced the process of
butchering. While thus engaged their horses strayed
towards camp. They had only got about a hundred
yards when Schalienberger, fearing they might go be-
yond recall, proposed to bring them back. Taking
from his waist a handsome belt containing a fine
brace of pistols, which Mr. Montgomery had made for
him, together with shot pouch and powder horn, he
started in pursuit of the horses. He overtook them
without trouble, and, noticing that a blanket that had
been on Murphy's horse was gone, he looked for it on
his way back to the antelope. Not finding it, he
called to Murphy, who joined in the search. They
soon found the blanket and started to return to their
game and guns. Much to their surprise they could
find neither. They hunted until dark without success,
and then turned their unwilling course towards camp.
They fully realized the ridiculousness of their position.
Starting from camp with much boasting of the large
amount of buffalo they were going to bring in, and re-
turning, not only with no meat, but without arms or
ammunition — the affair was altogether too humiliat-
ing. As they went along they concocted one story
after another to account for their unfortunate con-
dition, but each was rejected. The plan that seemed
most likely was to say that they had been captured
by Indians and robbed of their arms; but this story,
after careful consideration, was voted to be too trans-
parent, and they finally resolved to face the music and
tell the truth. Their reception at camp can better be
imagined than described.
The next day, with a party of six men, they went
to a spot they had marked as not being more than
three hundred yards from where they had left their
guns, and, although they continued the search for
several hours, could find nothing. There were thou-
sands of acres covered with grass about four feet high,
and all presenting exactly the same appearance; it
would have been impossible to find their property ex-
cept by accident.
Thus far on their journey the emigrants had been
taking things very easy, and had not made the
progress they intended, but they had no fears
that they would not get through. Some of tl-.e
party were getting short of provisions, but this gave
them little trouble, as they were still in the buffalo
country. They determined to stop before they got
entirely out of the buffalo grounds and kill and dry
enough meat to last them through; if their flour be-
came exhausted, they could use their dried meat for
bread with bacon for meat, and thus get along very
well. Their route continued up the Platte and Sweet-
water, the ascent being so gradual that it was hardly
perceptible. They lived almost entirely on fresh
meat, from three to five men being detailed as hunters
each day. After going some distance up the Sweet-
water, it was resolved to go into camp and remain
long enough to accumulate sufficient meat for the
remainder of the journey.
As the American bison, or buffalo, is now practi-
cally extinct, and their existence will soon be beyond
the memory of even the oldest inhabitant, a descrip-
tion of this hunt may not be out of place in these
pages. John Murphy, Allen Montgomery, Joseph
Foster, and Moses Schalienberger started out at day-
PEN PICTURES FROM THE "GARDEN OF THE WORLD."
43
light, intending to hunt together, but they soon became
separated, Murphy and Foster following one herd of
cows and Montgomery and Schallenberger another.
We will follow the latter party, gathering our facts
from Mr. Schallenberger's narration. They kept after
the herd all day without being able to get within
rifle range, owing to the fact that a picket guard of
bulls was always kept on the highest points, who gave
the alarm on the approach of the hunters. Finally
they reached a large mound of rocks, under shelter of
which they thought they might reach a ravine which
would furnish cover within range of the game. They
reached the top of the mound, and, looking over, dis-
covered an old bull on the other side, fast asleep. To
keep out of sight of the herd they would be compelled
to pass in front of his nose. They crawled along
cautiously, near enough to touch him with their guns,
and they began to hope for success in their under-
taking; but as soon as they came in front of his nose,
he seemed to wind them, and, starting up with a snort,
he rushed off toward the cows at full speed. Aggra-
vated by their failure, Montgomery sent a bullet after
the bull, which tumbled him on the plain. The report
of the rifle startled the herd and caused them to move
on.
The hunters followed them until nearly dark, when
they stopped at a small tributary of the Sweetwater
to drink. Here the men, by crawling on their stom-
achs and taking advantage of a few grcasewood
bushes that were growing here and there over the
plain, succeeded in approaching within about two hun-
dred yards of the game. It was now nearly night-
fall, and although the distance was too great for ac-
curate shooting, it was their last chance, and they re-
solved to make the venture. Selecting a good-look-
ing cow, they both aimed at her heart. At the word
"fire" both rifles were discharged simultaneously.
The bullets struck the quarry just above the kidneys,
and her hind parts dropped to the ground. The hunt-
ers concealed themselves behind the brush and re-
loaded their rifles. In the meantime the entire herd
gathered round the wounded cow, sniffing the blood
and pawing and bellowing.
While thus engaged, Montgomery and Schallen-
berger emerged from their concealment, and, advanc-
ing to about seventy-five yards, shot down seven of
the best of them; but as they advanced nearer, the
herd took fright and galloped off, all but one bull,
which remained near the broken-backed cow, and
showed fight. Two bullets were fired into him, and
he walked off about forty yards and laid down and
died. On examining the cow first shot, they found
the two bullet-holes not two inches apart, but neither
one was within three feet of the point aimed at.
It was now quite dark, and they could not return to
camp. Accordingly, they made their bed between
the carcasses of the two cows, and, butchering the
others, carried the meat to this place to protect it from
the wolves These animals gathered in large numbers
and made night hideous until, towards morning, they
were driven off by a huge bear, who had come for his
breakfast. As soon as it became light enough to
shoot, Montgomery and Schallenberger attempted
to kill the bear, but he went away so rapidly that
they could not follow him. After returning from pur-
suit of the bear, they finished butchering their game,
which process consisted of cutting out the choice
pieces and leaving the rest to the wolves. Packing
the meat on their horses, they started for camp about
three o'clock in the afternoon. They traveled until
after dark, but could find no camp. The moon was
in the third quarter, but the night was cloudy, and
they became bewildered. They traveled all night,
walking and leading their horses. At daybreak they
crossed the trail of the wagons about a quarter of a
mile from camp. They arrived at the wagons just as
the guard was taken off They were nearly worn out
with fatigue, but Schallenberger says he felt a great
deal more cheerful than when he and Murphy came
into camp with neither meat nor arms. The other
hunting parties had been equally successfully, and a
week was spent in this camp killing and curing meat,
after which they resumed their journey up the Sweet-
water. In this camp was born to Mr. and Mrs.
James Miller a daughter, who was named Ellen In-
dependence, from Independence Rock, which was
near the place.
They continued sending out hunting parties until
they reached the summit of the Rocky Mount-
ains, when the buffalo disappeared. There was still
plenty of deer and antelope, which rendered it un-
necessary to draw on their supply of dried meat. On
reaching the summit they saw that the water ran to-
wards California, and their hearts were rejoiced as
though already in sight of the promised land. They
had no idea of how much farther they had to go.
They had already come hundreds of miles and natu-
rally supposed that their journey was nearing its end.
Neither did they realize that they were still to en-
counter obstacles almost insurmountable and undergo
hardships compared to which their journey thus far
had been a pleasure excursion,
44
PEN PICTURES FROM THE "GARDEN OF THE WORLD."
The emigrants now moved towards Green River,
by way of Little and Big Sandy. They camped on
Big Sandy twenty-four hours, and there old man
Hitchcock was appointed pilot for one day, he saying
that, from information he had, he could take them to
Green River by a cut-off that would save a hundred
miles' travel. By this route he thought the distance
from Big Sandy to Green River was about twenty-
five miles. Not knowing the character of the country,
and thinking the distance was short, the emigrants did
not prepare a supply of water to take with them, as they
might have done and saved themselves much suffering.
Starting at daylight they traveled until dark,
most of the distance being across a rough, broken
country, but found no Green River or water of
any kind. At last they were compelled to halt in
the midst of a desolate country, tired and nearly
famished for water. The poor cattle suffered terribly,
and notwithstanding their precautions in herding
them, about forty head of cows and young cattle
broke away in the night. The next morning they
pushed forward as soon as it was light enough to see,
and at eleven o'clock reached Green River.
This was their first real hardship on the march, and,
coming unexpectedly, it found them unprepared, and
their sufferings were much greater than they otherwise
would have been. The next morning after their
arrival at Green River, they detailed six men to hunt
for the cattle that had broken loose on the march
from Big Sandy. This detail consisted of Daniel
Murphy, William Higgins, Mr. Bean, Perry Derby,
Mat Harbin and Moses Schallenberger. After start-
ing on the hunt, a difference of opinion arose as to
the route the cattle had taken. Murphy, Schallen-
berger, and Bean thought they had taken the back
track to the Big Sandy; the others thought they had
made for the nearest water, which was at Green River,
some twelve miles below the point reached by the
emigrants.
Not being able to agree, they divided the party,
Murphy, Bean, and Schallenberger going back to the
Sandy. About half way across, while this party
were riding along in Indian file, Murphy, who
was in advance, suddenly ducked his head, threw
his body over to the side of his horse, and, wheeling
round, signaled to the others to do the same. They
obeyed, and, putting their horses to full speed, followed
Murphy to a small canon, which they ascended for a
quarter of a mile. During this time not a word
had been spoken, but now, coming to a halt, they
inquired what was the matter. Murphy laconically
replied, " Indians." The party dismounted and tied
their horses, and, getting down on their stomachs,
crawled to a point where they could overlook the
plain. Here they discovered a war party of about a
hundred Sioux, who were so near that their conversa-
tion could be distinctly heard. They passed within
twenty yards of the spot where our emigrants were
concealed, without discovering them, and the little
party drew a long breath of relief when the last feath-
ered top-knot disappeared down the horizon. It was
a close call, for had their presence been known, the
little band of whites would never have seen the golden
plains of California.
Again mounting their horses, they proceeded to
the Big Sandy, where they found all the missing
cattle. Gathering them up, they passed the night
in their old camp, and the next morning set out on
their return to Green River. They had proceeded
only half a mile when they discovered two Indians
on horseback on the top of a hill about a mile dis-
tant. In a couple of minutes, two more made their
appearance in another direction, and within ten
minutes they were surrounded by a couple of hundred
Indians, all whooping and charging in a manner to
strike terror to the bravest heart. There seemed no
escape, but the little party resolved to sell their lives
as dearly as possible. In the short time they had for
consultation, it was determined that when they ap-
proached within range each man should select his
Indian, shoot him, and then charge, trusting to Provi-
dence to get through to camp. They said good-by
to each other and waited the onset.
About twenty of the Indians were in advance of their
party, and when these had approached to a distance of
two hundred yards, the emigrants signed to them to
stop. This they did, and sent three men without
arms to parley. These came on until they were only
fifty yards distant, when they halted and held out
their hands as a sign of friendship. Schallenberger
says that at this sign their hair, which up to this time
had been standing as erect as the quills on the back
of a porcupine, began to resume its proper position
and their blood, which had been jumping through
their veins like a race-horse, reduced its pace to a
moderate gait. The Indians proved to be a party of
friendly Snakes, who were in pursuit of the band of
Sioux from which our party had had such a narrow
escape the day before. They were very friendly, and
some of them accompanied our friends to assist
them in driving their cattle quite a distance on their
PEN PICTURES FROM THE "GARDEN OF THE WORLD:'
45
way back to Green River, which they reached about
nine o'clock at night.
The route of the emigrants now lay across a
broken country to Bear River, where they found old
" Peg-leg " Smith, as he was called. He was one of
the earliest trappers of the Rocky Mountains, and was
living alone in the hills. He had a band of fat ponies,
which he exchanged for some of the poor and tired
horses of the train. Proceeding down Bear River,
they arrived without adventure at Fort Hall, which
was the point at which the Oregon party was to
separate from those going to California. Here they
were compelled to purchase flour, for which they paid
a dollar a pound. The Murphy-Townsend party had
started with a supply of provisions sufficient for
eight mouths, but others were not so well provided.
In fact, several had run out of flour and bacon some
time previously, and the others had divided with
them. As for meat, the party thought they had
plenty; if their dried meat and bacon became ex-
hausted, they could kill the young cattle they had
brought along for that purpose. The parting with the
Oregon party was a sad one. During the long journey
across the plains, many strong friendships had been
formed, and the separation was deeply regretted by
all. Our emigrant train now consisted of eleven
wagons and twenty-six persons, all as determined to
push on to California as on the day they left Council
Bluffs. The country they had traversed was more or
less known to trappers and hunters, and there had
not been much danger of losing their way; neither
were the obstacles very formidable. But the re-
mainder of the route lay for most of the distance
through an unknown country, through which they
must find their way without map, chart, or guide,
and, with diminished numbers, overcome obstacles
the magnitude of which none of them had any con-
ception.
After remaining at Fort Hall for several days, the
party resumed its march, crossing the country to
Beaver Creek, or Raft River, which they followed for
two days; thence westward over a broken country to
Goose Creek; thence to the head-waters of Mary's
River, or the Humboldt, as it has since been named.
Here they encountered the Digger Indians. The
language of this tribe was unknown to old man
Greenwood, who had hitherto acted as pilot and
interperter, but by use of signs and some few words
of the Snake language, he managed to converse with
them in a limited way. The journey down the
Humboldt was very monotonous. Each day's events
were substantially a repetition of those of the day
before.
There was plenty of good grass, and the party
was not inconvenienced by the alkali water, which
caused so much trouble to trains that afterwards
came over this route. The Indians seemed to be
the most indolent and degraded of any that the
party had yet encountered. They were totally with-
out energy. They seemed very friendly and every
night hundreds of them visited the camp. This they
continued to do during the entire journey down the
Humboldt, a distance of five hundred miles. Al-
though they showed no signs of hostility, the emi-
grants did not relax their vigilance, and guard duty was
strictly performed. At the sink of the Humboldt,
the alkali became troublesome, and it was with diffi-
culty that pure water was procured either for the peo-
ple or the cattle. However, no stock was lost, except-
ing one pony belonging to Martin Murphy, Sr., which
was stolen. The party stopped at the sink for a week
in order to rest the cattle and lay out their future
course.
Mr. Schallenberger states that their oxen were
in tolerably good condition; their feet were as sound
and much harder, and except that they needed a
little rest, they were really better prepared for work
than when they left Missouri. The party seemed to
have plenty of provisions, and the only doubtful
question was the route they should pursue. A desert
lay before them, and it was necessary that they should
make no mistake in the choice of a route. Old Mr.
Greenwood's contract as pilot had expired when they
reached the Rocky Mountains. Beyond that he did
not pretend to know anything. Many anxious con-
sultations were held, some contending that they should
follow a southerly course, and others held that they
should go due west. Finally, an old Indian was found,
called Truckee, with whom old man Green talked by
means of signs and diagrams drawn on the ground.
From him it was learned that fifty or sixty miles to the
west there was a river that flowed easterly from the
mountains, and that along this stream there were
large trees and good grass. Acting on this informa-
tion. Dr. Townsend, Captain Stevens, and Joseph
Foster, taking Truckee as a guide, started out to ex-
plore this route, and after three days returned, report-
ing that they had found the river just as the Indian
had described it. Although there was still a doubt in
the minds of some as to whether this was the proper
route to take, none held back when the time came to
PEN PICTURES FROM THE "GARDEN OF THE WORLD:'
start. In fact, there was no time for further dis-
cussion.
It was now the first of October, and they could see
that if a heavy fall of snow should overtake them
while yet in the mountains, it would be almost im-
possible for them to get through. Thus far there had
been no trouble with the Indians. All that they had
met had been treated kindly, and the natives had
rather assisted than impeded them in their journey.
It had, however, required constant watching on the
part of the older men to prevent the hot blood of the
younger ones from boiling over now and then. This
was particularly the case with John Greenwood, who,
being a half-breed, had a mortal hatred for the Indians.
On several occasions, when an ox would stray away,
he would accuse the natives of having stolen it, and it
would require the utmost exercise of authority to pre-
vent him from precipitating hostilities. It seemed as
if he was more anxious to kill an Indian than to reach
California.
On the morning that the start was made from the
sink of the Humboldt, a general engagement be-
came very imminent. Schallenberger, whose con-
duct on the march had been conspicuous for cool-
ness and discretion, missed a halter from his horse,
and on searching for it saw one end projecting from
under the short feather blanket worn by an Indian
who was standing near. Schallenberger demanded
the halter, but the Indian paid no attention ; he then
attempted to explain to him what he wanted, but the
Indian pretended that he did not understand. He
then took hold of the halter to remove it, when the
Indian stepped back and drew his bow. Schallen-
berger ran to the wagon, took his rifle, and drew a
bead on the redskin, and was about to pull the trigger
when Martin Murphy rushed in and threw up the
muzzle of the gun. The whole camp was in con-
fusion in a moment, but the matter was explained,
and the Indians loaded with presents until they were
pacified. If the Indian had been killed, there is no
doubt that the entire party would have been mas-
sacred. It did not need the reprimand that Schallen-
berger received from his brother-in-law, Dr. Townsend,
to convince him of his folly, and no one regretted his
rashness more than he himself did.
The party left the sink of the Humboldt, having
cooked two days' rations and filled all the available
vessels with water. After traveling with scarcely a
halt until twelve o'clock the next night, they reached
a boiling spring at what is now Hot Spring Station,
on the Central Pacific Railroad. Here they halted
two hours to permit the oxen to rest. Some of the
party dipped water from the spring into tubs, and
allowed it to cool for the use of the cattle. It was a
sad experiment, for those oxen that drank it be-
came very sick. Resuming the march, they traveled
steadily until two o'clock the next day, when they
reached the river, which they named the Truckee, in
honor of the old Indian chief, who had piloted them
to it.
The cattle, not having eaten or drank for forty-
eight hours, were almost famished. This march was
of eighty miles across an alkali desert, knee deep in
alkali dust. The people, having water in their wag-
ons, did not suffer so much, but there were occasions
when it was extremely doubtful if they would be able
to reach water with their cattle. So crazed were they
with thirst that if the precaution had not been taken
to unhitch them while yet some distance from the
stream, they would have rushed headlong into the
water and wrecked the wagons and destroyed their
contents. There being fine grass and good water
here, the party camped two days, until the cattle were
thoroughly rested and refreshed.
Then commenced the ever-to-be-remembered jour-
ney up the Truckee to the summit of the Sierras. At
first it was not di.scouraging. There was plenty of wood,
water, grass, and game, and the weather was pleasant.
The oxen were well rested, and for a few days good
progress was made. Then the hills began to grow
nearer together, and the country was so rough and
broken that they frequently had to travel in the bed of
the stream. The river was so crooked that one day
they crossed it ten times in traveling a mile. This al-
most constant traveling in the water softened the hoofs
of the oxen, while the rough stones in the bed of the river
wore them down, until the cattle's feet were so sore
that it became a torture for them to travel. The whole
party were greatly fatigued by the incessant labor. But
they dared not rest. It was near the middle of Octo-
ber, and a few light snows had already fallen, warning
them of the imminent danger of being buried in the
snow in the mountains. They pushed on, the route
each day becoming more and more difficult. Each
day the hills seemed to come nearer together and the
stream to become more crooked.
They were now compelled to travel altogether in
the bed of the river, there not being room between its
margin and the hills to furnish foothold to an o.x.
The feet of the cattle became so sore that the drivers
were compelled to walk beside them in the water, or
they could not be urged to take a step; and, in many
PEN PICTURES FROM THE "GARDEN OF THE WORLD."
47
instances, the teams had to be trebled in order to drag
the wagons at all. On top of all these disheartening
conditions came a fall of snow a foot deep, burying
the grass from the reach of the cattle, and threatening
them with starvation. The poor, foot-sore oxen, after
toiling all day, would stand and bawl for food all night,
in so piteous a manner that the emigrants would for-
get their own misery in their pity for their cattle. But
there was nothing to offer them except a few pine
leaves, which were of no effect in appeasing their
hunger. Still the party toiled on, hoping soon to pass
the summit and reach the plains beyond, and that
beautiful land so eloquently described to them by
Father Hookins. In face of all these obstacles, there
was no thought of turning back. One day they came
to some rushes that were too tall to be entirely cov-
ered by the snow; the cattle ate these so greedily that
two of James Murphy's oxen died. However, by con-
stant care in regulating the amount of this food, no
evil effects were experienced, although it was not very
nourishing. These rushes were scattered at irregular
intervals along the river, and scouts were sent out
each day to find them and locate a camp for the night.
Some days the rushes would be found in a very short
drive, and sometimes they would not be found at all.
In this manner they dragged their slow course along
until they reached a point where the river forked, the
main stream bearing southwest and the tributary
almost due west. Then arose the question as to which
route should be taken. There being an open space
and pretty good feed at the forks of the river, it was
decided to go into camp and hold a consultation.
This camp was made on what is now the site of the
city of Truckee, and the route pursued by these emi-
grants is practically that now followed by the Cen-
tral Pacific Railroad. After considering the matter
fully, it was decided that a few of the party should
leave the wagons and follow the main stream, while
the others should go by way of the tributary, as that
seemed to be the more promising route for the vehi-
cles.
Those who left the party were Mrs. Townsend, Miss
Ellen Murphy, John Murphj', Daniel Murphy, Oliver
Magnan, and Mrs. Townsend's servant, Francis. They
each had a horse to ride, and they took with them two
pack-horses and some provisions. The ladies had
each a change of clothing and some blankets, and
each man had a rifle and ammunition. There was
still some game to be found, and as the Murphys were
good hunters there was no thought of their starving.
In our account of this journey we have followed the
narrative of Mr. Schallenberger, who has kindly fur-
nished us with the facts. In regard to this separation,
John Murphy says that there was no consultation or
agreement; that the persons spoken of were traveling
in advance of the rest of the party, and, coming to the
forks of the river, naturally took the main stream, ex-
pecting the others to follow, which they did not do.
However this may be, the fact remains that the par-
ties here separated and went the different routes as
above stated.
The party with the wagons proceeded up the tribu-
tary, or Little Truckee, a distance of two miles and a
half, when they came to the lake since known as
Donner Lake. They now had but one mountain be-
tween them and California, but this seemed an im-
passable barrier. Several days were spent in attempts
to find a pass, and finalh' the route, over which the
present railroad is, was selected. The oxen were so
worn out that some of the party abandoned the attempt
to get their wagons any further. Others determined to
make another effort. Those who determined to bring
their wagons were Martin Murphy, Jr., James Murphy,
James Miller, Mr. Hitchcock, and old Mr. Martin,
Mrs. James Murphy's father. The others left their
wagons.
The snow on the mountains was now about two
feet deep. Keeping their course on the north side
of the lake until they reached its head, they started
up the mountain. All the wagons were unloaded
and the contents carried up the hill. Then the teams
were doubled and the empty wagons were hauled up.
When about half way up the mountain they came to
a vertical rock about ten feet high. It seemed now
that everything would have to be abandoned except
what the men could carry on their backs. After a
tedious search they found a rift in the rock, just about
wide enough to allow one ox to pass at a time.
Removing the yokes from the cattle, they managed to
get them one by one through this chasm to the top of
the rock. There the yokes were replaced, chains
were fastened to the tongues of the wagons, and
carried to the top of the rock, where the cattle were
hitched to them. Then the men lifted at the wagons,
while the cattle pulled at the chains, and by this in-
genious device the vehicles were all, one by one, got
across the barrier.
After reaching the summit a drive of twenty miles
westerly brought them to the head-waters of the Vuba
River, where the able-bodied men started for Sutter's
Fort, then known as New Helvetia, and now as the city
of Sacramento. They walked and drove the cattle.
48
PEN PICTURES FROM THE "GARDEN OF THE WORLD:'
expecting to return immediately with supplies for the
train. The others remained in camp. Thus were
the first wagons that ever made tracks in California
soil, brought across the mountains.
Those who remained with the wagons on the
Yuba were Mrs. Martin Murphy, with her four boys,
Martin, James, Patrick W., and Bernard D.; Mrs.
James Murphy, with her daughter Mary; Mr. James
Miller, wife, and three children; Mrs. Patterson, with
her children, and old Mr. Martin, Mrs. James Murphy's
father. Leaving them here for the present, we will
return to the wagons, which had been abandoned
when the party divided at the forks of the Truckee.
Dr. Townsend and Mr. Schallenberger had brought
with them an invoice of valuable goods, which they
had intended to sell in California. When the wagons
were abandoned, Schallenberger volunteered to re-
main with them and protect the goods until the rest
of the party could reach California and return with
other and fresher animals with which to move them.
Mr. Schallenberger thus describes his experience: —
" There seemed little danger to me in undertaking
this. Game seemed to be abundant. We had seen a
number of deer, and one of our party had killed a
bear, so I had no fears of starvation. The Indians in
that vicinity were poorly clad, and I therefore felt no
anxiety in regard to them, as they probably would
stay further south as long as cold weather lasted.
Knowing that we were not far from California, and
being unacquainted, except in a general way, with
the climate, I did not suppose that the snow would at
any time be more than two feet deep, nor that it
would be on the ground continually.
"After I had decided to stay, Mr. Joseph Foster
and Mr. Allen Montgomery said they would stay
with me, and so it was settled, and the rest of the
party started across the mountains. They left us two
cows, so worn out and poor that they could go no
further. We did not care for them to leave us any
cattle for food, for, as I said, there seemed to be plenty
of game, and we were all good hunters, well furnished
with ammunition, so we had no apprehension that we
would not have plenty to eat, that is, plenty of meat.
Bread we had not tasted for many weeks, and had no
desire for it. We had used up all our supply of
buffalo meat, and had been living on fresh beef and
bacon, which seemed to satisfy us completely.
"The morning after the separation of our party,
which we felt was only for a short time, Foster, Mont-
gomery and myself set about making a cabin, for we
determined to make ourselves as comfortable as possi-
ble, even if it was for a short time. We cut saplings
and yoked up our poor cows and hauled them together.
These we formed into a rude house, and covered it
with rawhides and pine brush. The size was about
twelve by fourteen feet. We made a chimney of
logs eight or ten feet high, on the outside, and used
some large stones for the jambs and back. We had
no windows; neither was the house chinked or daubed,
as is usual in log-houses, but we notched the logs
down so close that they nearly or quite touched. A
hole was cut for a door, which was never closed. We
left it open in the day-time to give us light, and as we
had plenty of good beds and bedding that had been
left with the wagons, and were not afraid of burglars,
we left it open at night also. This cabin is thus par-
ticularly described because it became historic, as be-
ing the residence of a portion of the ill-fated Donner
party in 1846.
" On the evening of the day we finished our little
house it began to snow, and that night it fell to a
depth of three feet. This prevented a hunt which we
had in contemplation for the next day. It did not
worry us much, however, for the weather was not at
all cold, and we thought the snow would soon melt.
But we were doomed to disappointment. A week
passed, and instead of any snow going off more
came. At last we were compelled to kill our cows,
for the snow was so deep that they could not get
around to eat. They were nothing but skin and
bones, but we killed the poor things to keep them
from starving to death. We hung them up on the
north side of the house and covered them with pine
brush. That night the meat froze, and as the weather
was just cold enough to keep it frozen, it remained
fresh without salt. It kept on snowing continually,
and our little cabin was almost covered. It was now
about the last of November or first of December,
and we began to fear that we should all perish in the
snow.
"The snow was so light and frosty that it would
not bear us up, therefore we were not able to go out at
all except to cut wood for the fire; and if that had
not been near at hand I do not know what we should
have done. None of us had ever seen snow-shoes,
and of course had no idea how to make them, but
finally Foster and Montgomery managed to make
something they called a snow-shoe. I was only a
boy and had no more idea of what a snow-shoe looked
like than a Louisiana darkey. Their method of con-
struction was this: Taking some of our wagon bows,
I which were of hickory and about half an inch thick,
PEN PICTURES FROM THE "GARDEN OF THE WORLD:
49
they bent them into an oblong shape forming a sort
of hoop. This they filled with a network of rawhide.
We were now able to walk on the snow to bring in
our wood, and that was about all there was to do.
There was no game. We went out several times but
never saw anything. What could we expect to find
in ten feet of snow ? It would sometimes thaw a
little during the day and freeze at night, which made
a crust on the snow sufficiently thick to bear the
weight of a coyote, or a fox, and we used sometimes
to see the tracks of these animals, but we were never
fortunate enough to get a sight of the animals them-
selves.
"We now began to feel very blue, for there seemed
no possible hope for us. We had already eaten about
half our meat, and with the snow on the ground get-
ting deeper and deeper each day, there was no chance
for game. Death, the fearful, agonizing death by
starvation, literally stared us in the face. At last,
after due consideration, we determined to start for
California on foot. Accordingly we dried some of
our beef, and each of us carrying ten pounds of meat,
a pair of blankets, a rifle and ammunition, we set out
on our perilous journey. Not knowing how to fasten
snow-shoes to our feet made it very fatiguing to walk
with them. We fastened them heel and toe, and
thus had to lift the whole weight of the shoe at every
step, and as the shoe would necessarily sink down
somewhat, the snow would crumble in on top of it,
and in a short time each shoe weighed about ten
pounds.
" Foster and Montgomery were matured men,
and could consequently stand a greater amount
of hardship than I, who was still a growing boy with
weak muscles and a huge appetite, both of which
were being used in exactly the reverse order designed
b)' nature. Consequently, when we reached the sum-
mit of the mountain about sunset that night, having
traveled a distance of about fifteen miles, I was
scarcely able to drag one foot after the other. The
day had been a hard one for us all, but particularly
painful to me. The awkward manner in which our
snow-shoes were fastened to our feet made the mere
act of walking the hardest kind of work. In addi-
tion to this, about the middle of the afternoon I was
seized with cramps. I fell down with them several
times, and my companions had to wait for me, for
it was impossible for me to move until the paroxysm
had passed off. After each attack I would summon
all my will power and press on, trying to keep up
with the others. Toward evening, however, the at-
7
tacks became more frequent and painful, and I could
not walk more than fifty yards without stopping to
rest.
" When night came on we cut down a tree and
with it built a fire on top of the snow. We then
spread some pine brush for our beds, and after eating
a little of our jerky and standing round our fire in a
vain attempt to get warm, we laid down and tried to
sleep. Although we were thoroughly exhausted)
sleep would not come. Anxiety as to what might
have been the fate of those who had preceded us, as
well as uncertainty as to our fate, kept us awake all
night. Every now and then one of us would rise to
replenish the fire, which, though it kept us from freez-
ing, could not make us comfortable. When daylight
came we found that our fire had melted the snow in a
circle of about fifteen feet in diameter, and had sunk to
the ground a distance also of about fifteen feet. The
fire was so far down that we could not get to it, but as
we had nothing to cook, it made but little difference.
We ate our jerky while we deliberated as to what we
should do next. I was so stiff that I could hardly
move, and my companions had grave doubts as to
whether I could stand the journey. If I should give
out they could afford me no assistance, and I would
necessarily be left to perish in the snow. I fully
realized the situation, and told them that I would re-
turn to the cabin and live as long as possible on the
quarter of beef that was still there, and when it was
all gone I would start out again alone for California.
They reluctantly assented to my plan, and promised
that if they ever got to California and it was possible
to get back, they would return to my assistance.
" We did not say much at parting. Our hearts
were too full for that. There was simply a warm
clasp of the hand accompanied by the familiar word,
' Good-by,' which we all felt might be the last words we
should ever speak to each other. The feeling of lone-
liness that came over me as the two men turned away
I cannot express, though it will never be forgotten,
while the, ' Good-by, Mose,' so sadly and reluctantly
spoken, rings in my ears to-day. I desire to say here
that both Foster and Montgomery were brave, warm-
hearted men, and it was by no fault of theirs that I
was thus left alone. It would only have made mat-
ters worse for either of tliem to remain with me, for
the quarter of beef at the cabin would last me longer
alone, and thus increase my chances of escape. While
our decision was a sad one, it was the only one that
could be made.
" My companions had not been long out of sight
50
PEN PICTURES FROM THE "GARDEN OF THE WORLD."
before my spirits began to revive, and I began to
think, like Micawber, that something might 'turn
up.' So I strapped on my blankets and dried beef,
shouldered my gun, and began to retrace my steps
to the cabin. It had frozen during the night and
this enabled me to walk on our trail without the
snow-shoes. This was a great relief, but the exertion
and sickness of the day before had so weakened me
that I think I was never so tired in my life as when,
just a little before dark, I came in sight of the cabin.
The door-sill was only nine inches high, but I could
not step over it without taking my hands to raise my
Igg * * * As soon as I was able to crawl around
the next morning I put on my snow-shoes, and, tak-
ing my rifle, scoured the country thoroughly for
foxes. The result was as I had expected — ^just as it
had always been — plenty of tracks, but no fox.
"Discouraged and sick at heart, I came in from my
fruitless search and prepared to pass another night of
agony. As I put my gun in the corner, my eyes fell
upon some steel traps that Captain Stevens had
brought with him and left behind in his wagon. In
an instant the thought flashed across my mind, 'If I
can't shoot a coyote or fox, why not trap one.' There
was inspiration in the thought, and my spirits began
to rise immediately. The heads of the two cows I
cut to pieces for bait, and, having raked the snow
from some fallen trees, and found other sheltered
places, I set my traps. That night I went to bed with
a lighter heart, and was able to get some sleep.
"As soon as daylight came I was out to inspect the
traps. I was anxious to see them and still I dreaded to
look. After some hesitation I commenced theexamina-
tion, and to my great delight I found in one of them a
starved coyote. I soon had his hide off and his flesh
roasted in a Dutch oven. I ate this meat, but it was
horrible. I next tried boiling him, but it did not im-
prove the flavor. I cooked him in every possible
manner my imagination, spurred by hunger, could
suggest, but could not get him into a condition where
he could be eaten without revolting my stomach. But
for three days this was all I had to eat. On the third
night I caught two foxes. I roasted one of them, and
the meat, though entirely devoid of fat, was delicious.
I was so hungry that I could easily have eaten a fox
at two meals, but I made one last me two days.
"I often took my gun and tried to find something to
shoot, but in vain. Once I shot a crow that seemed
to have got out of his latitude and stopped on a tree
near the cabin. I stewed the crow, but it was difficult
for me to decide which I liked best, crow or coyote.
I now gave my whole attention to trapping, having
found how useless it was to hunt for game. I caught,
on an average, a fox in two days, and every now and
then a coyote. These last-named animals I carefully
hung up under the brush shed on the north side of the
cabin, but I never got hungry enough to eat one of
them again. There were eleven hanging there when
I came away. I never really suffered for something
to eat, but was in almost continual anxiety for fear
the supply would give out. For instance, as soon as
one meal was finished I began to be distressed for fear
I could not get another one. My only hope was that
the supply of foxes would not become exhausted.
"One morning two of my traps contained foxes.
Having killed one, I started for the other, but, before I
could reach it, the fox had left his foot in the trap and
started to run. I went as fast as I could to the cabin
for my gun, and then followed him. He made for a
creek about a hundred yards from the house, into
which he plunged and swam across. He was scram-
bling up the opposite bank when I reached the creek.
In my anxiety at the prospect of losing my breakfast,
I had forgotten to remove a greasy wad that I usually
kept in the muzzle of my gun to prevent it from rust-
ing, and when I fired, the ball struck the snow about a
foot above reynard's back. I reloaded as rapidly as
possible, and as the gun was one of the old-fashioned
flint-locks that primed itself, it did not require much
time. But, short as the time was, the fox had gone
about forty yards when I shot him. Now the problem
was to get him to camp. The water in the stream
was about two and a half feet deep and icy cold. But
I plunged in, and, on reaching the other side, waded
for fort)' yards through the snow, into which I sank to
my arms, secured my game, and returned the way I
came. I relate this incident to illustrate how much
affection I had for the fox. It is strange that I never
craved anything to eat but good fat meat. For bread
or vegetables I had no desire. Salt I had in plenty,
but never used. I had just coffee enough for one cup,
and that I saved for Christmas.
"My life was more miserable than I can describe.
The daily struggle for life and the uncertainty under
which I labored were very wearing. I was always
worried and anxious, not about myself alone, but in
regard to the fate of those who had gone forward. I
would lie awake nights and think of these things, and
revolve in my mind what I would do when the supply
of foxes became exhausted. The quarter of beef I
had not touched, and I resolved to dry it, and, when
the foxes were all gone, to take my gun, blankets, and
PEN PICTURES FROM THE "GARDEN OF THE WORLD.'
51
dried beef and follow in the footsteps of my former
companions.
"Fortunately, I had a plenty of books, Dr. Town-
send having brought out quite a library. I used often
to read aloud, for I longed for some sound to break
the oppressive stillness. For the same reason, I would
talk aloud to myself At night I built large fires and
read by the light of the pine knots as late as possible,
in order that I might sleep late the next morning,
and thus cause the days to seem shorter. What I
wanted most was enough to eat, and the next thing I
tried hardest to do was to kill time. I thought the
snow would never leave the ground, and the few
months I had been living here seemed years.
"One evening, a little before sunset, about the last of
February, as I was standing a short distance from my
cabin, I thought I could distinguish the form of a man
moving towards me. I first thought it was an Indian,
but very soon I recognized the familiar face of Dennis
Martin. My feelings can be better imagined than de-
scribed. He relieved my anxiety about those of our
party who had gone forward with the wagons. They
had all arrived safely in California and were then in
camp on the Yuba. They were all safe, although
some of them had suffered much from hunger. Mrs.
Patterson and her children had eaten nothing for four-
teen days but rawhides. Mr. Martin had brought a
small amount of provisions on his back, which were
shared among them. All the male portion of the
party, except Foster and Montgomery, had joined
Captain Sutter and gone to the Micheltorena war.
Dr. Townsend was surgeon of the corps. My sister,
Mrs. Townsend, hearing that Mr. Martin was about to
return to pilot the emigrants out of the wilderness,
begged him to extend his journey a little farther and
lend a helping hand to ler brother Moses. He con-
sented to do so, and here he was. Being a Canadian,
he was accustomed to snow-shoes, and soon showed
me how to fix mine so I could travel with less than
half the labor. He made the shoe a little narrower,
and fastened it to the foot only at the to", thus mak-
ing the heel a little heavier, so that the shoe would
drag on the snow instead of having to be lifted at every
step."
The next morning after Martin's arrival at the cabin
he and Schallenberger started to return. Schallen-
berger's scanty diet and limited e.xercise rendered
this a rather trying journey for him. But they arrived
safely at the emigrants' camp, which, during Martin's
absence, had been moved two days' journey down the
hills. At this camp was born to Mr. and Mrs. Martin
Murphy a daughter, the first white child born in
California. She was named Elizabeth, and afterwards
married Mr. William Taaffe.
To make this history complete, we must return to
the party which, separating from the wagons at the
forks of the Truckee, followed the main stream.
They continued up the river to Lake Tahoe, and were
the first white people to look upon that beautiful body
of water. Here they crossed the river, keeping on
the west side of the lake for some distance, and then
struck across the hills to the headwaters of the Ameri-
can River, which they followed down to the valley.
This route was exceedingly rough, much more so than
the one up the Truckee on the other side. The
American River was wider and deeper th^an the
Truckee, and fully as crooked. They were compelled
to cross it many times, and frequently their horses
were compelled to swim, and the current was so swift
as to make this a very hazardous undertaking. Mrs.
Townsend rode an Indian pony, which was an ex-
cellent swimmer. She would ride him across the
river and then send him back by one of the boys for
Ellen Murphy. Once this pony lost his feet. He
had crossed the river several times and was nearly
worn out. John Murphy had ridden him back to get
a pack saddle, and on returning, the pony fell. John,
though an excellent swimmer, had a narrow escape
from drowning. The water was running with the
force of a mill race, while the bed of the stream was
full of huge rocks, against which he was dashed and
disabled from swimming. The party on the banks
were paralyzed with terror as he was swept down the
raging torrent. Recovering themselves, they hurried
down the stream, expecting at every step to see his
mangled body thrown upon the shore. But John had
not lost his head in his deadly peril. Watching his
opportunity, as he was swept under a willow tree
which grew on the bank, he seized the overhanging
branches and held on with a death grip until he was
rescued. The ice-cold water and the mauling he had
received from the rocks rendered him unconscious.
A warm fire restored him to his senses, but it was
many days before he fully recovered from the shock
caused by his involuntary bath.
The party were twenty-one days in getting to the
valley. They did not suffer for food, for they were
soon out of the snow and in a game country. John
and- Dan Murphy were excellent hunters, and there
was no scarcity of meat. If game was scarce there
was plenty of cattle roaming about, which made star-
vation impossible. They followed the American River
52
PEN PICTURES FROM THE "GARDEN OF THE WORLDS
until they came to St. Clair's ranch, where they
stopped for some time. Mr. and Mrs. St. Clair re-
ceived them with a warm hospitality, which excited
the liveliest feelings of gratitude in the hearts of the
emigrants. These feelings were mingled with remorse
when they thought of the number of St. Clair's calves
that had been killed on the way down the river. They
had, of course, intended to pay for them, but just at
that time they had no money. The idea of accept-
ing the hospitality of a man whose cattle they had
killed, worked on their feelings until it nearly broke
their hearts. The teachings of their father, the old
patriarch, had kept their consciences tender, and they
held many secret consultations as to what should be
done in the premises.
They finally determined to confess. The lots cast
for spokesman elected Dan Murphy, but it was agreed
that all should be present to give him their moral
support. Dan opened the interview by carelessly in-
quiring who owned all those calves that they had en-
countered coming down the river. St. Clair said he
guessed they all belonged to him. "Well," said Dan,
"there's a good bunch of them. What are calves
about three months old worth in this country?" St.
Clair told him. "Well," resumed Dan, "we killed
some of them to eat, and we haven't got any money
to pay you now, but if you will let us work out the
price we will be very much obliged." The earnest-
ness of the boys amused Mr. St. Clair very much, and
when he told them that they were welcome to the
calves they had killed, and as many more as they
wanted to eat, they retired from the interview with a
gseat load lifted from their consciences.
From St. Clair's they went down to Sutter's, arriv-
ing there about the same time that the men from the
wagons got in. Here they found great excitement.
Micheltorena had been appointed by the Mexican
Government as Governor of California, with both
civil and military authority. The former officials,
Alvarado and Vallejo, had resolved to resist his
authority, and had joined with them General Castro.
The native Californians were very jealous of the for-
eigners, especially the immigrants from the United
States. Taking advantage of this feeling, the revolu-
tionists had roused the country and collected quite a
formidable army. Whatever may have been the in-
tention of the leaders, it was openly talked by the
rank and file, that, after they had settled their difficulty
with Micheltorena, they would drive the foreigners
from the country. The Murphy party had not come
two thousand miles across desert.s and mountains to
be driven back into the hills without an effort in their
own defense, and without hesitation they joined a
company that Captain Suiter was raising for the as-
sistance of Micheltorena, who held the legal com-
mission as Governor of California. With this com-
pany they went South, doing good service in the cam-
paign as far as Santa Barbara. Here, there being no
further need of their services, they started to return
to their women and children, whom they had left with
the wagons on the Yuba.
Here was another instance of the indomitable cour-
age of these men. The whole country had been roused
against Micheltorena and the foreigners, and here was
a handful of these same foreigners who had been ar-
rayed against them in every movement from the Sacra-
mento to Santa Barbara, now returning alone through
this hostile country with no protection but their trusty
rifles. The boldness of the act was only equaled by
the skill which enabled them to make the return
journey without firing a hostile gun. It seems as if
the hand of Providence had upheld them through all
their tribulations and dangers, and preserved them for
some great destiny.
They arrived at the wagons about the same time
that Schallenberger was rescued by Dennis Martin
from his perilous situation in the cabin by Donner
Lake. About the time Schallenberger joined the
wagons, with Martin, a man named Neil, who had
been sent by Captain Sutter, with a supply of provis-
ions and horses, arrived at the camp. The emigrants
now were in a very cheerful frame of mind, being
only one day's march from the plains, and the end of
their year's journey in sight. The next day they
pushed on, all mounted, some with saddles, some
with pack-saddles, and some bare-back, and that night
camped at the edge of the valley, on the banks of
Bear River. This was the first of March, just one
year from tlie time they left Missouri. They found
Bear River full and still rising, from the melting snow
in the mountains and the heavy rainfall of the season.
There was no bridge or ferry, and an attempt was
made to find a tree of sufficient length to reach across,
but in vain. In this search for a tree Mr. Neil, who
had gone down the stream, was cut off from the main-
land by the rapidly rising waters, leaving him on a
little island, which was soon submerged, and as he
could not swim, he was compelled to climb a tree.
His cries for help finally reached the ears of those in
camp, and Schallenberger and John Murphy, each
mounting a horse and leading a third one, swam into
the foamingtorrent ^nd brought him safely to the shore,
PEN PIOTURES FROM THE "GARDEN OF THE WORLD.'
53
Again the affairs of the emigrants began to assume
a gloomy aspect. Bear River had overrun its banks
until it was ten miles wide. The small supply of
provisions sent in by Captain Sutter had been ex-
hausted. Two deer had been killed, but this afforded
scarcely a mouthful each to so large a party. There
was no direction in which the}- could move except to
return to the hills, and this would only be making
their condition worse. Three days passed with no
food. They could hear the lowing of the cattle across
the river, and now and then could discern the grace-
ful forms of herds of antelope on the other side of
the water. Mr. Schallenberger relates an incident
that occurred at this time. The Hon. B. D. Murphy
was then a little chap only four years old. As Schal-
lenberger was sitting on a wagon-tongue, whittling a
stick and meditating on the hollowness of all earthly
things, and especially of the human stomach, little
Barney approached him and asked if he would lend
him his knife. "Certainly," replied Schallenberger,
"but what do you want to do with it?" " I want to
make a toothpick," said Barney. The idea of needing
a toothpick when none of the party had tasted food for
three days was so ridiculous that Schallenberger for-
got the emptiness of his stomach and laughed heartily.
There was a large band of wild horses belonging
to Captain Sutter, which were ranging in the foot-hills
on that side of the river where the emigrants' camp
was located. The question of killing one of these
had been seriously discussed. The proposition had
been earnestly opposed by Martin Murphy, who had
declared that it was not food fit for human beings,
and that although in the last stages of starvation his
stomach would revolt at such diet. The respect that
the young men had for Mr. Murphy restrained them
from committing equicide for some time. But at last
it became a question of horse meat or starvation.
One morning Mr. Murphy rode back over the trail
to see if he could find any trace of an ox that they
had lost on the march, while Schallenberger and
Dennis Martin went hunting for something to eat.
Returning empty handed, it was decided to kill a
horse. Accordingly, Neil drove the band as near
camp as possible, and Schallenberger shot a fine, fat
two-year old filly. Mr. Murphy did not arrive until
the meat had been dressed and was roasting before
the fire. He had been unsuccessful in his search and
was delighted to find that the boys had succeeded.
With his face glowing with pleasure in anticipation of
the feast, he inquired, "Who killed the heifer?" The
party pointed to Schallenberger, and Mr, Murphy,
patting him on the shoulder, exclaimed: "Good boy,
good boy, but for you we might all have starved!"
When the meat was cooked he ate of it, eloquently
praising its juicy tenderness and fine flavor, which, he
said, surpassed any meat he had ever tasted. About
the time he had satisfied his appetite, his brother-
in-law, James Miller, drew out the filly's mane from
behind a log, exhibited it to Mr. Murphy, and asked
him to see what queer horns they had taken from the
heifer of which he had just been eating so heartily.
Mr. Murphy's stomach immediately rebelled, and he
returned to the ground the dinner which he had eaten
with so much relish, saying, when he had recovered
from his paroxysm, that he thought he had detected a
peculiarly bad taste about that meat. He never, by
any artifice, could be induced to taste horse flesh
again.
Soon after this, the waters receded sufficiently to
allow the party to reach Feather River, where, near
Hick's Farm, Captain Sutter had prepared a boat to
ferry them across. Here the vaqueros brought them
a fine fat cow, and, for the first time in many months,
they had what Schallenberger called a "good square
meal."
Our pilgrims had reached the promised land.
Their enduring faith had been lost in sight, and their
hopes had ended in fruition. The old patriarch had
gathered his flock around him in the shadow of the
Cross, in a country through the length and breadth
of which the name of his family was destined to be-
come a household word, and in the development and
history of which they were to become prominent. Of
all the property with which they started, little was left
on their arrival in California. As Mrs. James Murphy
said to the writer, " We brought very little property
with us, but we did bring a good many days' work."
After a short rest at Sutter's Fort, the party sepa-
rated, each to seek a location and to plant his roof tree
in his adopted land.
Mr. Martin Murphy, Sr., with the unmarried
portion of his family, which consisted of his three sons,
Bernard, John, and Daniel, and his daughters, Ellen,
Margaret, and Joanna, came to Santa Clara County
and purchased the Rancho Ojo de Agua de la Coche,
situated on the Monterey road, south of San Jose, near
what has since been known as the Twenty-one Mile
House. Here he lived for many years, loved and re-
spected by all who knew him. Coming daily in con-
tact with the native Californians, he commanded their
good-will and respect, in spite of their natural jeal-
54
PEN PICTURES FROM THE "GARDEN OF THE WORLD."
ousy and hatred of the foreigners. In grateful re-
membrance of the power which had safely led him by
land and sea, through so many perils, to this haven of
rest, he built a beautiful chapel on his ranch, which,
in honor of his patron saint, he named San Martin.
His house was located on the then most traveled
road in California, and he always held its door wide
open to the wayfarer. His liberal hospitality, his
charity, his piety, his inflexible integrity, and his warm
heart and sympathizing disposition, compelled the
friendship of all who knew him, and when he died there
was grief throughout the State. Courts adjourned,
and business was suspended, while from every direc-
tion people gathered to assist in the last sad rites of the
patriarch and pioneer. For the last few years of his
life he had retired from active business, making his
home at San Francisco, and paying periodical visits
to the different members of his family. When death
overtook him, which was on March i6, 1865, he was
at the house of his daughter, Margaret Kell, near San
Jose.
Martin Murphv, Jr., the eldest son of Martin
Murphy, located, after the emigrant party broke up at
Sutter's, on the Cosumne River, in what is now Sacra-
mento County. His family consisted of seven chil-
dren, as follows: James, Martin, Patrick Washington,
Bernard Daniel, Elizabeth, Mary Ann, and Ellen.
Here he purchased four leagues of land and erected
a house. About the first thing he did after taking
possession of his new home, was to look around for a
school-teacher. This he found in the person of one
Patrick O'Brien, an educated man, who, having be-
come reduced in circumstances, had joined the army.
He came across the mountains with Fremont and
probably deserted. While engaged in teaching at
Murphy's, General Sherman, then a lieutenant, ar-
rested him and took him away. We understand,
however, that he was finally released. This was the
first school ever held in Sacramento County. At
this place their daughter Mary, afterward Mrs. Richard
T. Carrol, of San Francisco, was born. The land
which Mr. Murphy had purchased in Sacramento
County was very fertile, but, desiring to live near his
people, he removed to this county, and purchased the
Rancho Pastoria de las Borregas, near Mountain
View, containing four thousand eight hundred acres.
While awaiting the building of a house on the new
homestead, the family took up its residence in San
Jose, occupying a house opposite where the convent
now stands, which was owned by Mariano Hernandez.
They were living here when Hernandez made his
remarkable escape, as is elsewhere reported in this
history. The first intimation the family had of this
event was the visit of the officers to search the house.
The John Foster whom Hernandez was accused of
murdering was a brother of the Joseph Foster who
crossed the plains with the Murphy party.
The Rancho Pastoria de las Borregas became the
permanent home of Martin Murphy, and here he,
with his estimable wife, reared their large family.
Here was born James T. Murphy, their youngest
child. The mantle of Martin Murphy, Sr., had de-
scended on his oldest son, and all the traits which
characterized the founder of the family seemed de-
veloped in a greater degree, if that were possible, in
the son. His strict integrity, devout piety, kind and
gentle disposition, liberal hospitality, united with a
firmness of character, all combined to give him a
place in the affection and respect of the people that
no one has ever since been able to command. His
wife was a worthy companion for such a man. Shar-
ing all his trials, she lessened them, and partaking of
his joys, she doubled them; and together they have
impressed their character upon their children to such
a degree that they have made them worthy to suc-
ceed them. Language can accord no higher praise
than this. These people also imprinted their individ-
uality on their material surroundings to such an
extent that the homestead soon forgot its old Span-
ish name and became known throughout the country
as the "Murphy Ranch." Their efforts were pros-
pered to an eminent degree, and although they ac-
quired vast domains in several other counties, they
never abandoned the first home which they had
erected in Santa Clara County. The facilities afforded
by the schools and colleges of the Catholic Fathers
and Sisters, enabled them to see their children
educated in all the higher branches, and to become
cultured men and women, with ability and disposition
to carry the honored family name untarnished to
future generations.
As the desire for religious and educational facilities
was the controlling sentiment that induced the Mur-
phys to cross the wilderness, it was also the main-
spring of their actions after arriving at their destina-
tion. To Martin Murphy was due the establishment
of the College of Notre Dame in this county. A
number of the Sisters had established a school in the
Willamette Valley, in Oregon. In 1851, four Sisters
from Cincinnati started to join this religious colonj',
and Sister Loyola and Sister Mary came down from
PEN PICTURES FROM THE "GARDEN OF THE WORLD."
55
Oregon to San Francisco to meet them. While
waiting for the arrival of the vessel from Panama^
they accepted the invitation of Mr. Murphy to visit
his family at Mountain View. During this visit they
called at Santa Clara and San Jose, and determined
to establish an institution here. The College of
Notre Dame is the result of this determination.
On the 1 8th of July, 1881, Mr. and Mrs. Murphy
celebrated their " golden wedding " at the homestead
at Mountain View. This event will be a landmark
in the history of the county. About fifteen thousand
people were present, including the most distinguished
men of the State. People came hundreds of miles to
offer their congratulations. They were all entertained
in princely style beneath the shade of the noble live-
oaks on the lawn. Hundreds of the best animals
from the immense herds were slaughtered for the
feast, while the choicest vintages of France and Cali-
fornia were represented in limitless abundance. The
virtues of Mr. and Mrs. Murphy were celebrated in
song and in story, the most eminent men of the com-
monwealth leaving their business to lay their tiibute
of respect at the feet of these pioneers.
Soon after this event, Mr. Murphy's health began
to fail, and three years later, October 20, 1884, he
died, full of years and of honor.
James MuRriiv, the second son of Martin Murphy,
Sr., was born in County Wexford, Ireland, September
19, 1809, and was eleven years of age when his
father removed to Canada. At that time he was a
bright, intelligent boy, with stout muscles and an
active brain. He was of great assistance to his father
in establishing their new home, where he remained
until he attained man's estate. He early developed
a taste for the lumber business, and when twenty-four
years of age, made a journey to Maine in this interest.
He remained there but a short time, however, soon
returning to Canada, where he went into business for
himself, which he conducted successfully for nine
years. During this time he met Miss Ann Martin, a
beautiful and intelligent young lady, who had come
over from Ireland in 1829, with her parents, and
settled in the neighborhood of the Murphys, who had
preceded them about eight years. Miss Martin was
born at Thomastown, in King's County. She was
only seven years of age when her parents came to
America, and therefore her husband was acquainted
with her from childhood, and knew her many sterling
qualities. Two children were born to them in Canada^
the eldest being a son, whom they named Martin,
from his grandfather, and who died while still in
Canada. The other child was a daughter, whom
they named Mary, and who afterwards married B. S.
Machado, and is now living near Gilroy, in Santa
Clara County. In 1842 Mr. Murphy, with his brother
Martin, joined the other members of the Murphy
family in Holt County, Missouri, on the Platte Pur-
chase, as it was then called. The history of this
journey will be found in the general history of the
Murphy family. During their residence in Missouri,
the subject of this sketch visited the lumber regions
in the vicinity of St. Joseph, where he was engaged
in business for a short time. He accompanied the
family in their memorable journey through the wilder-
ness to California, and took his full share of the trials
and dangers of that historic expedition. After arriv-
ing in California, he was one of the first to offer his
services in defense of the Government in the Michel-
torena war. After the battle of Chauvenga he re-
turned to Sutter's and then chose a location for his
family in Marin County. Here he engaged in the
lumber business and furnished the timbers for Leides-
dorff wharf, the first wharf built in San Francisco,
then Verba Buena.
On the discovery of gold every person who could
get there, went to the mines, leaving the fields unfilled
and the mills idle. Not being able to procure labor,
Mr. Murphy's lumber operations came to a halt. Not
desiring to remain idle, he determined to go to the
gold fields. He visited Sutter's Mill, where gold was
first discovered, and from there to Placerville, then
called "Hangtown," and visited all the diggings in
that vicinity. He came to the conclusion that, for a
man who had a family, mining was too precarious a
business. Therefore, in the fall of 1848, he came to
Santa Clara, and, with his brother Daniel, purchased
the Rancho de las Llagas, near Gilroy. He remained
here, prospering by agricultural pursuits, until after
the survey of the famous five-hundred-acre lots. He
purchased a number of these lots, lying north of San
Jose, and, having built a house for his family, took
possession of his new home in 1849. Here he lived
until his death, which occurred January 13, 1878.
The "Ringwood Farm," the homestead of James
Murphy, is one of the landmarks of Santa Clara
County. From the time he took possession of it in
1849, it was carefully and intelligently tilled, and not-
withstanding the open-handed liberality of its owner,
was very profitable. In 1872 he erected a magnifi-
cent mansion at a cost of forty thousand dollars, and
surrounded it witli beautiful ground--. He planted
56
PEN PICTURES FRO 31 THE "GARDEN OF THE WORLD."
one of the first olive orchards in the county, and dem-
onstrated that this valuable fruit could be profitably
grown in the Santa Clara Valley. At the time of his
death, he had accumulated property valued at about
$300,000. His death was much regretted by the en-
tire community, which followed him as mourners to
his last resting-place. His widow, a bright and intel-
ligent lady of seventy-six years, still occupies the
homestead, which is managed by the youngest son,
Daniel J, a worthy son of a good father. They have
had nine children, as follows: Martin, born and died
in Canada; Mary F., born in Canada, February 4,
1842; Martin D., born at Sutter's Fort, February 6,
1845 ; Helen E., born at Corte Madera, December 18,
1847, deceased. The other children were born af
Ringwood Farm, and are: Wm B., August 21, 1850;
Lizzie A, July 8, 1853; Julia A, January 6, 1853;
Helen, April 18, i860, died in infancy; Daniel J., April
25, 1861.
Bernard Murphy, son of Martin Murphy, Sr.,
came to Santa Clara County with his father, and lived
with him on the ranch near the Twenty-one Mile
House, until he married. His wife was Miss Catherine
O'Toole, who afterwards married James Dunne. They
had one child, Martin J. C. Murphy, a bright young
man whose early years gave promise of an illustrious
career. He, however, was attacked by disease in the
midst of his studies, and died .at Washington, Dis-
trict of Columbia, in 1872. His father, Bernard, was
killed in the fatal explosion of the steamer/^«;y Li/id,
in 1853.
John M. Murphy, son of Martin Murphy, Sr.,
soon after settling in this county, with his father,
entered the store of Chas. M. Weber, in San Jose. At
the discovery of gold, he went to the mines, taking
with him a stock of goods. He employed the Indians
to prospect and dig for him, and probably has had
more gold in his possession than any other miner on
the Pacific Coast. He was the first treasurer of
Santa Clara County, and was afterwards elected re-
corder and then sheriff. In later years he was en-
gaged in mercantile business, which he followed until
failing health compelled him to retire. His wife is
Virginia F. Reed, daughter of James F. Reed, and one
of thfe ill-fated Donner party.
Daniel Murphy settled with his father on the
ranch at the Twenty-one Mile House. He, with his
brother Bernard, bought other property, and at the
time of his death he owned large landed estates in
California, Nevada, and Mexico. His rancho in Du-
rango comprised some million and a half acres, and
included the mountain of magnetic iron made famous
by the report of Alex. Von Humboldt. He devoted
nearly his entire life to the cattle business, his herds
numbering thousands of head. He died October 22,
1S82.
Ellen Murphy married Chas M. Weber, of San
Jose, afterwards of Stockton.
James Miller and his wife (Mary Murphy) set-
tled in Marin County, where they became prominent
citizens.
Sketches of the younger generations of the Murphy
family will be found in other pages.
MoSES SCHALLENBERGER was born in Stark
County, Ohio, November 9, 1826. He was a son of
Jacob and Barbara Schallenberger, who were emi-
grants from Germany, his father being of Swiss and
his mother of German birth. They both died in
Stark County, when Moses was but six years of age,
and he was taken into the family of Dr. Townsend,
who had married his sister. It was with them that
he made the famous journey across the plains, as above
related. Dr. Townsend was induced to undertake
the journey to California by the ill health of his wife.
At that time they were living in Buchanan County,
Missouri, as was Mr. Montgomery, another of the
party. Montgomery was a gunsmith, and, during the
winter of 1842-43 made a quantity of guns and pistols,
ox shoes, and also fixed up the wagons, and did every-
thing in the way of iron-work necessary to furnish a
complete outfit for the trip. They had intended to
start early in the spring of 1843, but a Mr. Potter,
who had an interest in the expedition, dying unex-
pectedly, the start was delayed until the next year.
They spent this time in perfecting their arrangements,
among which was the marriage of Mr. Montgomery to
a young lady, Miss Armstrong, who was living at Dr.
Townsend's. About the first of March they arrived
at the rendezvous at Nisnabotna, where they were
joined by the Murphy party. To Mr. Schallen-
berger we are indebted for the facts concerning this
historic journey which we have given above. Of these
first wagons that made tracks in California, Mr.
Schallenberger has in his possession a wheel, which he
guards as a precious relic. Mr. Schallenberger's first
employment in California was in the mercantile es-
PEN PICTURES FROM THE "GARDEN OF THE WORLD"
57
tablishment of Larkin and Greene at Monterey, where
he remained until the termination of the Mexican
War. The firm was largely engaged in furnishing
supplies to the United States navy, and Mr. Schallen-
berger's duties consisted in procuring these supplies
from the country, and superintending their delivery.
In July, 184S, furnished with an invoice of goods by
the firm, he made a successful venture on his own ac-
count in the mines on Yuba River. Later he enga;4ed
with James H. Gleason as a partner in trade in Mexi-
can goods at Monterey, which he closed in Decem-
ber, 1850, when the death of his brother-in-law, Dr.
Townsend, necessitated his coming to San Jose to
manage his estate. The same fatherly care that he
had received from the doctor was, in return, bestowed
by him on the doctor's only child, John H. M. Town-
send. He was married September 20, 1854, to Miss
Fannie Everitt, at the residence of Thomas Selby, in
San Francisco. Mrs. Schallenberger is a native of
Alabama, born in 1834. Her father, John Everitt, was
for six years judge of the Court of Common Pleas at
Mobile, and his ability as a lawyer and fairness as a
judge, is shown by the fact that no decision of his
was ever reversed. Mrs. Schallenberger came to San
Francisco in 1852, with her brother-in-law, Mr. S. L.
Jones. The young couple set up housekeeping on
Dr. Townsend's estate, but a year later they moved
to the homestead, on the Coyote River, two miles
north of San Jose, where they have lived ever since.
The house they first erected was burned in 1870, but
was immediately replaced by one more adapted to
their prosperous circumstances, and in keeping with
the progress of the country. Their present home is
large, convenient, and substantial, and is surrounded
with beautiful grounds, ornamented with choice shrub-
bery and flowers. The house was erected at a cost of
$13,000. The farm consists of one hundred and fifteen
acres of fertile sediment land, devoted to the pro-
duction of fruit and vegetables. Mr. Schallenberger
was one of the early horticulturists, having planted
ten acres to orchard in 1858. They have had five
children, viz.: Louise, wife of Thomas Montgomery,
San Jose; Margaret E., a teacher in the State Normal
School; Lloyd E., in business with his uncle, S. L.
Jones, at San Francisco; Fanny, a student at the
State Normal School, and Milton P. Mr. Schallen-
berger is a member of the Santa Clara County Pioneer
Society, by which association he is held in the highest
regard, both on account of his trials in the early days,
and his character as a citizen.
8
Dr. John Townsend. — No historyof the American
pioneers of California could well be written without
mention of the subject of this sketch. A thoroughly
educated physician, a man prominent in every com-
munity in which he ever had lived, who, had he so
chosen, could have settled anywhere in the old States,
and won renown and fortune, — he was, notwithstand-
ing, possessed of that spirit of adventure which con-
tinuously led him westward in search of new fields to
conquer. He was born in Fayette County, Pennsyl-
vania, a county unequaled in that State, and perhaps
in any other, in the number of men which it pro-
duced and sent out to subdue the wildness of the
Northwest and of the Pacific Coast. His father,
John F. Townsend, was from England, and was one
of the pioneers of Fayette County. Dr. Townsend
received his first degree in medicine at Lexington
Medical College. He successfully and successively
practiced in Pennsylvania, Ohio, Indiana, and Missouri,
marrying in Stark County, Ohio, in 1832, Miss Eliza-
beth Louise Schallenberger, a sister of Moses Schallen-
berger, whose history appears in this connection. In
the pioneer party of 1844 from Missouri, which did so
much in opening to the world this grand valley. Dr.
Townsend was one of the master spirits. He was
one of the first Alcaldes of San Francisco, and for
two years before coming to this county (which he did
in 1849) he held the scales of justice so evenly as to
cause him to be ever remembered for his judicial in-
tegrity. Upon removing to Santa Clara Valley, he
established his home in an adobe house, on what is
now the Milpitas road, two miles from San Jose.
There he commenced the improvement of one hun-
dred and ninety-five acres of land, intending to live
the life of a quiet agriculturist, avoiding the turmoil
of the city, and the cares of a professional life, but the
All-ruling Power decreed otherwise, both himself and
his wife dying of cholera in 1850. Their pioneer
homestead property is now owned by their son and
only child, John H. M. Townsend, who was born in
San Francisco, November 26, 1848, and in his or-
phaned infancy and youth was cared for by his guard-
ian and uncle — Moses Schallenberger. He spent the
greater part of his school life in attendance upon
Santa Clara College, going to England when sixteen
years of age. He there studied two years under
private tutorship. Later, he was two years a student
at Cambridge University. He married Miss Kate
M. A. Chisholm at Cambridge, in 1872. They have
four children — Eva, Ethel, Arthur, and Maude. Pub-
lic-spirited and enterprising, Mr. Townsend is one of
58
PEN PICTURES FROM THE "GARDEN OF THE WORLD."
Santa Clara County's representative men. He served
in the Assembly of the State of 1883 and 1884, being
elected on the Democratic ticket. He has also held
local trusts, and has served on the County Board of
Supervisors, being elected in 1877. He is actively in-
terested in the Santa Clara Valley Agricultural So-
ciety, and has served several years as director of that
organization. The family residence, shaded and sur-
rounded by beautiful grounds, is located near the
crossing of the Coyote Creek by the Milpitas road.
Those who came to this county in 1845, as far as
can be learned, were Frank Lightston, J. Washburn,
William O'Connor, William C. Wilson, John Dau-
benbiss, and James Stokes. In the following year,
1846, the survivors of the Donner party arrived, sev-
eral of whom became residents of this county. The
fearful sufferings of these people make a story of hor-
rors almost unparalleled in history. So terrible was
their experience that it has been almost impossible to
induce the survivors to recount it, the remembrance
seeming to haunt their entire lives like a hideous
specter. Mr. James F. Reed, the original leader of
the party, and afterwards, until his death, a prominent
and esteemed citizen of San Jose, in his last years
gave his story to the public, and from it we quote: —
" I left Springfield with my family about the middle
of April, 1846. We arrived at Independence, Mis-
souri, where I loaded two of my wagons with jaro-
visions, a third one being reserved for my family.
Col. W. H. Russell's family had started from here
before our arrival. We followed and overtook them
in the Indian Territory. I made application for the
admission of myself and others into the company,
which was granted. We traveled on with the company
as far as the Little Sandy, and here a separation took
place, the majority of the members going to Oregon,
and a few wagons, mine with them, going the Fort
Bridger, or Salt Lake route for California. The day
after our separation from the Russell Company, we
elected George Donner as captain, and from this time
the company was known as the ' Donner party.' Ar-
riving at Fort Bridger I added one yoke of cattle to
my teams, staying here four days. Several friends of
mine who had passed here with pack-animals for
California, had left letters with Mr. Vasquez, Mr.
Bridger's partner, directing me to take the route by
way of Fort Hall, and by no means to take the Hast-
ing's cut-off. Vasquez, being interested in having the
new route traveled, kept these letters. This was told
me after my arrival in California. Mr. McCutchcn,
wife and child, joined us here.
" Leaving Fort Bridger we unfortunately took the
new route, traveling on without incident of note, until
we arrived at the head of Weber Caiion. A short dis-
tance before reaching this place we found a letter stick-
ing in the top of a sage-brush. It was from Hastings.
He stated that if we would send a messenger after
him, he would return and pilot us through a route
much shorter and better than the caiion. A meeting
of the company was held, when it was resolved to send
Messrs. McCutchen, Stanton, and myself to Mr.
Hastings; also, at the same time, we were to examine
the caiion and report at short notice. We overtook
Mr. Hastings at a place called Black Rock, south
end of Salt Lake. Leaving McCutchen and Stanton
here, their horses having failed, I obtained a fresh
horse from the company Hastings was piloting and
started on my return to our company with Mr. Hast-
ings. When we arrived at about the place where
Salt Lake City is built, Mr. Hastings, finding the
distance greater than anticipated by him, stated that
he would be compelled to return the next morning to
his company. We camped this evening in a caiion,
and next morning ascended to the summit of a
mountain where we could overlook a portion of the
country that lay between us and the head of the
caiion where the Donner company were encamped.
After he gave me the direction, Mr. Hastings and I
separated. He returned to the companies he had
left the morning previous, I proceeding on eastward.
After descending to what may be called the table-
land, I took an Indian trail and blazed the route
where it was necessary the road should be made, if
the company so directed when they heard the report.
"When McCutchen, Stanton, and myself got through
Weber Caiion, on our way to overtake Mr. Hastings,
our conclusions were that many of the wagons would
be destroyed in attempting to get through the canon.
Mr. Stanton and Mr. McCutchen were to return to our
company as fast as their horses could stand it, they
having nearly given out. I reached the company in
the evening and reported to them the conclusions in
regard to Weber Caiion, at the same time stating that
the route I had blazed that day was fair, but would
take considerable labor in clearing and digging.
They agreed with unanimous voice to take that route
if I would direct them in the road-making, they work-
ing faithfully until it was completed. Next morning
we started, under these conditions, and made camp
that evening without difficulty, on Bossman Creek.
The afternoon of the second day we left the creek,
turning to the right in a caiion, leading to a divide.
PEN PICTURES FROM THE "GARDEN OF THE WORLD.'
59
Here Mr. Graves and family overtook us. This
evening the first accident that had occurred was caused
by the upsetting of one of my wagons. The next
morning the heavy work of cutting the timber com-
menced. We remained at this camp several days.
During this time the road was cleared for several
miles. After leaving this camp the work on the road
slackened, and the farther we advanced, the slower the
work progressed. I here state that the number of
days we were detained in road-making was not the
cause, by any means, of the company remaining in
the mountains during the following winter.
" We progressed on our way and crossed the outlet
of the Utah, now called Jordan, a little below the
location of Salt Lake City. From this camp in a
day's travel we made connection with the trail of the
companies that Hastings was piloting through his
cut-off. We then followed his road around the lake
without any incident worthy of notice until reaching
a swampy section of country west of Black Rock, the
name we gave it. Here we lost a few days on the score
of humanity, one of our company, a Mr. Holloron,
being in a dying condition from consumption. We
could not make regular drives, owing to his situation.
He was under the care of George Donner, and made
himself known to me as a Master Mason. In a few
days he died. After the burial of his remains we
proceeded on our journey, making our regular drives,
nothing occurring of note until we arrived at the
springs, where we were to provide water and as much
grass as we could for the purpose of crossing the
Hastings' Desert, which was represented as being
forty or fifty miles in length; but we found it at least
seventy miles.
" We started to cross the desert, traveling day and
night, only stopping to water and feed our teams as
long as water and grass lasted. We must have made
at least two-thirds of the way across when a greater
portion of the cattle showed signs of giving out.
Here the company requested me to ride on and find
the water and report. Before leaving, I requested
my principal teamster, that when my cattle became
so exhausted that they could not proceed further
with the wagons, to turn them out and drive them on
the road after me until they reached the water; but
the teamster, misunderstanding, unyoked them when
they first showed signs of giving out, starting with
them for the water. I found the water about twenty
miles from where I left the company, and started on
my return. About eleven o'clock at night, I met my
teamsters with all my cattle and horses. I cautioned
them particularly to keep the cattle on the road, for
as soon as they would scent the water, they would
break for it. I proceeded on and reached my family
and wagons. Some time after leaving the men, one
of the horses gave out, and while they were striving
to get it along, the cattle scented water and started
for it; and when they started with the hors /s, the
cattle were out of sight; they could not find them or
their trail, as they told me afterwards. They, suppos-
ing the cattle would find water, went on to camp. The
next morning the animals could not be found, and
never were, the Indians getting them, except one ox
and cow. Losing nine yoke of cattle here was the
first of my sad misfortunes. I stayed with my family
and wagons the next day, expecting every hour the
return of some of my young men with water, and the
information of the arrival of the cattle at the water.
Owing to the mistake of the teamsters in turning the
cattle out so soon, the other wagons had driven miles
past mine and dropped their wagons along the road
as their cattle gave out, and some few of them reached
water with their wagons.
" Receiving no information, and the water being
nearly exhausted, in the evening I started on foot
with my family to reach the water. In the course of
the night the children became exhausted. I stopped,
spread a blanket, and laid them down, covering them
with shawls. In a short time a cold hurricane com-
menced blowing; the children soon complained of
the cold. Having four dogs with us, I had them lie
down with the children outside the covering. They
were then kept warm. Mrs. Reed and myself sitting
to the windward, helped to shelter them from the
storm. Very soon one of the dogs started up and
commenced barking, the others following and making
an attack on something approaching us. Very soon
I got sight of an animal making directly for us.
The dogs seizing it, changed its course, and when
passing, I discovered it to be one of my young steers.
Incautiously stating that it was mad, in a moment my
wife and children started to their feet, scattering like
quail, and it was some minutes before I could quiet
camp; there was no more complaint of being tired or
sleepy during the remainder of the night. We ar-
rived about daylight at the wagons of Jacob Donner,
the next in advance of me, whose cattle having given
out, had been driven to water. Here I first learned
of the loss of my cattle, it being the second day after
they had started for water. Leaving my family with
Mr. Donner, I reached the encampment. Many of
the people were out hunting cattle; some of them had
60
PEN PICTURES FROM THE "GARDEN OF THE WORLD.'
their teams together and were going back into the
desert for their wagons. Among them was Jacob
Donner, who tcindly brought my family along with
his own to the encampment.
" We remained here for days hunting cattle, some
of the party finding all, others a portion, but all hav-
ing enough to haul their wagons except myself On
the next day, or the day following, while I was out
hunting my cattle, two Indians came to the camp,
and by signs gave the company to understand that
there were so many head of cattle out, corroborating
the number still missing. Many of the people be-
came tender-footed at the Indians coming into camp,
and thinking they were spies, wanted to get clear of
them as soon as possible. My wife requested that
the Indians should be detained until my return, but
unfortunately, before I returned, they had left. Next
morning, in company with young Mr. Graves — he
kindly volunteering — I started in the direction the
Indians had taken. After hunting this day and the
following, remaining out during the night, we returned
unsuccessful, not finding a trace of the cattle. I now
gave up all hope of finding them, and turned my
attention to making arrangements for proceeding on
my journey.
"In the desert were my eight wagons; all the team
remaining was an ox and a cow. There was no alter-
native but to leave everything but provisions, bedding,
and clothing. These were placed in the wagon that
had been used by my family. I made a cac/ie of
everything else, the members of the company kindly
furnishing a team to haul the wagon to camp. I di-
vided my provisions with those who were nearly out,
and, indeed, some of them were in need. I had now
to make arrangement for a sufficient team to haul
that one wagon. One of the company kindly loaned
me a yoke of cattle, which, with the ox and cow I
had, made two yoke. We remained at this camp,
from first to last, if my memory serves me right,
seven days. Leaving this camp we traveled for sev-
eral days. It became necessary, from some cause, for
the party who loaned me the yoke of cattle, to take
them back. I was again left with my ox and cow,
but through the aid of another kind neighbor, I was
supplied with another yoke of cattle.
"Nothing transpired for some days worthy of note.
Some time after this it became known that some
families had not enough provisions remaining to sup-
ply them through. As a member of the company, I
advised them to make an estimate of provisions on
hand and what amount each family would need to
take them through. After receiving the estimate of
each family, on paper, I then suggested that if two
gentlemen of the company would volunteer to go in
advance to Captain Sutter's (near Sacramento), in
California, I would write a letter to him for the whole
amount of provisions that were wanted, and also stat-
ing that I would become personally responsible for
the amount. I suggested that, from the generous
nature of Captain Sutter, he would send them. Mr.
McCutchen came forward and said that if they would
take care of his family he would go. This the com-
pany agreed to. Mr. Stanton, a single man, volun-
teered if they would furnish him with a horse. Mr.
McCutchen, having a horse and a mule, generously
gave the mule. Taking their blankets and provisions,
they started for California.
"After their leaving us we traveled on for weeks,
none of us knowing the distance we were from Cali-
fornia. All became anxious for the return of Mc-
Cutchen and Stanton. It was here suggested that I
go in advance to California, see what had become of
McCutchen and Stanton, and hurry up supplies.
They agreed to take care of my family. That being
agreed upon, I started, taking with me about three
days' provisions, expecting to kill game on the way.
The Messrs. Donner were two days' drive in advance
of the main party when I overtook them. With
George Donner there was a young man named Walter
Herren, who joined me."
Leaving Mr. Reed and his companion to make their
journey across the mountains in search of relief, we
return to the main body of hungry and tired immi-
grants, toiling along the trackless wilderness, and for
their experience we give the story as told by Mr. Tut-
hill in his valuable history.
"Mr. Reed's and Mr. Donner's companies opened a
new route through the desert, lost a month's time by
their operations, and reached the foot of the Truckee
Pass, in the Sierra Nevadas, on the thirty-first of Octo-
ber, instead of on the first, as intended. The snow began
to fall on the mountains two or three weeks earlier
than usual that year, an'd 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 cabins near the Truckee Lake, killed
their cattle, and went into winter quarters. The other,
Donner's party, still believed that 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 their cattle were buried, and there was
PEN PICTURES FROM THE "GARDEN OF THE WORLD."
Gl
no hope of game on a desert so piled with snow that
nothing without wings could move. The number of
those who were thus storm-stayed at the very thresh-
old of the land whose winters are one long spring,
was eighty, of whom thirty were women, and several
children. The Mr. Donner who had charge of one
company was an Illinoisan, sixty years of age, 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 thir-
teen days; during December and January, eight days
in each. Much of the time the tops of the cabins
were below the snow level.
" It was six weeks after the halt was made, that a
party of fifteen, including five women, and two In-
dians, who acted as guides, set out on snow-shoes to
cross the mountains, and give notice to the people of
the California settlements of the condition of their
friends. At first the snow was so light and feathery
that even in 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 got entirely out of provisions ; and three
of them, succumbing to cold, weariness, and star-
vation, had died. Then a heavy snow-storm came
on, which compelled them to lie still, buried between
their blankets under the snow, for thirty-six hours.
By the evening of the tenth day three more had died,
and the living had been four days without food. The
horrid alternative was accepted — they took the flesh
from the bones of their dead, remained in camp two
days to dry it, 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
they had nothing to eat but the strings of their snow-
shoes. On the fourth, the Indians eloped, justly sus-
picious that they might be sacrificed for food. On
the fifth they shot a deer, and that day one of their
number died. Soon after three others died, and every
death now eked out the existence of the survivors. On
the seventh all gave out and concluded their wander-
ings useless, save one. He, guided by two stray,
friendly Indians, dragged himself on till he reached a
settlement on Bear River. By midnight the settlers
had found, and were treating with all Christian kind-
ness, what remained of the little company that, after a
month of the most terrible sufferings, had that morn-
ing halted to die.
" The story that there were emigrants perishing 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. It ran on to San Fran-
cisco, and the people, rallying in public meeting,
raised $1,500, and with it fitted out another expedi-
tion. The naval commandant of the port fitted out
still 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 weeks those who were still alive had fed only on
bullock's hides. At Donner's camp they had but one
hide remaining. The visitors left a small supply of
provisions with the twenty-nine whom they could not
take with them, and started back with the remainder.
Four of the children they carried on their backs.
Another of the relief parties reached Truckee Lake
on the first of March. They immediately started
back with seventeen of the suff'erers; but a heavy
snow-storm overtaking them, they left all, except three
of the children, on the road. Another party went
after those who were left on the way, found three of
them dead, and the rest sustaining life by feeding on
the flesh of the dead.
" The last relief party reached Donner's camp late in
April, 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 his pipe. He
was ferocious in aspect, savage and repulsive in man-
ner. His camp kettle was over the fire, and in it his
meal of human flesh preparing. The stripped bones
of his fellow-sufferers lay round him. He refused to
return with the party, and only consented when he
saw there was no escape. Mrs. Donner was the last
to die. Her husband's body, carefully laid out and
wrapped in a sheet, was found at his tent. Circum-
stances led to the suspicion that the survivor had
killed Mrs. Donner for her flesh and her money, and
when he was threatened with hanging, and the rope
tightened round his neck, he produced over $500
in gold, which, probably, he had appropriated from
her store."
Messrs. Reed and Herren, who, as has been stated
in Mr. Reed's narrative, went ahead after the de-
parture of McCutchen and Stanton, after enduring
62
PEN PICTURES FROM THE "GARDEN OF THE WORLD.'
fearful hardships, reached Sutter's Fort at Sacramento,
or New Helvetia, as it was then called. On their
way down in Bear River Valley, they met Stanton
with two Indians and provisions going to the relief of
the emigrants. Mr. McCutchen had been prostrated
by sickness and was unable to accompany him.
Mr. Reed's request to Captain Sutter for mules and
supplies was unhesitatingly complied with, and a re-
lief party fitted out. In the meantime, however, the
snow had fallen so heavily that in spite of the most
desperate efforts it was impossible for them to enter
the pass. The party returned for more help, but,
unfortunately, the Mexican War was on and every
able-bodied man was away. At Captain Sutter's
suggestion, Mr. Reed started for San Francisco to
see if he could not procure help there. He was com-
pelled to make the journey by land, and arrived at
San Jose at the time that city was in a state of siege.
Here he was compelled to remain until after the
battle of Santa Clara. Arriving at San Francisco,
the public meeting that Mr. Tuthill speaks of above,
was held, and the relief parties fitted out. Mr. Reed
and Mr. McCutchen accompanied the first of these,
which went by the river. Before leaving San Fran-
cisco, however, he learned of the arrival at Bear
Valley of the seven survivors of the party that left the
Donner camp after his departure. At Johnson's
ranch he got news of a relief party ahead of him,
sent out by Sutter and Sinclair. He pushed on with
his party, and on the route met this company return-
ing with some of the immigrants, among whom were
his own wife and two of his children. They only
stopped a few minutes for greetings, and pushed on to
the relief of the other sufferers, 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 being in want. We
then proceeded to the camp of Mrs. Murphy, where
Keesburg and some children were. Here we left
provisions and one of our company to cook for and at-
tend them. From here we visited the camp of Mrs.
Graves, some distance further east. A number of the
relief party remained here, while Messrs. Miller, Mc-
Cutchen, and one of the men, and myself, proceeded
to the camp of the Messrs. Donner. This was a
number of miles further east. We found Mrs. Jacob
Donner in a very feeble condition. Her husband had
died early in the winter. We removed the tent and
placed it in a more comfortable situation. I then
visited the tent of George Donner, close by, and found
him and his wife. He was helpless. Their children
and two of Jacob's had come out with the party we
met at the head of Bear Valley. I requested Mrs.
George Donner to come with us, as I would leave a man
to take care of both George Donner and Mrs. Jacob
Donner. Mrs. George Donner positively refused,
saying that as her children were all out-she would not
leave her husband in the condition he was in. * *
* * When I found that Mrs. George Donner would
not leave her husband, we took the three remaining
children of Jacob Donner, leaving a man to take care
of the two camps. Leaving all the provisions we could
spare, and expecting the party from Sutter's Fort
would be in in a few days, we returned to the camp
of Mrs. Graves, where all remained during the night
except McCutchen, Miller, and myself, we going to
the cabin of Mr. Breen, where two of my children
were. 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 was expected, and the
disasters that occurred in the meantime have already
been related. The full details of all the sufferings of
this unfortunate party would fill a larger book than
this, with horrors unimaginable. Each of the relief
parties, and especially that conducted by Mr. Reed,
endured sufferings equal to those experienced by the
unfortunates in the winter camp, and we think we are
within bounds of truth in the statement that history
has no parallel to the heroism displayed by these
people in their efforts to rescue their suffering friends.
In this year, 1846, came also Isaac Branham, Jacob
D. Hoppe, Charles White, Joseph Aram, Zachariah
Jones, Arthur Caldwell, William Daniels, Samuel
Young, A. A. Hecox, William Haun, William Fisher,
Edward Pyle with their families, Wesley Hoover and
wife, John W. Whisman and wife, William and
Thomas Campbell, Peter Ouivey, Thomas Kell and
their families, Thomas West and four sons, Thomas,
Francis T., George R. and William T., John Snyder,
Septimus R. Moultrie, William J. Parr, Joseph A.
Lard, Mrs. W. H. Lowe, Mrs. E. Markham, L. C.
Young, R.J. Young, M. D.Young, Samuel C. Young,
S. 0. Broughton, R. F. Peckham, Z. Rochon, Joseph
Stillwell, George Cross, Ramon S. Cesena, M. Hollo-
way, Edward Johnson, and James Enright. Many
of these people and their descendants have made their
PEN PICTURES FROM THE ''GARDEN OF THE WORLD."
mark on the history of the county, as will be more
fully seen by reference to their respective biographical
sketches.
MICHELTORENA WAR.
After Mexico had achieved her independence, as
previously related, the people generally fell into the
new order of things, and for several years public affairs
were conducted without much friction. In 1836,
however, the disposition of the Mexican people to re-
volt, asserted itself, but the ferment did not reach
San Jose until 1842. Juan B. Alvarado had been in-
augurated as civil governor of California, while Gen-
eral Vallejo held chief command of the military forces.
Between these two a jealousy had sprung up, each
accusing the other of usurping powers not belonging
to his office. Each complained to the central govern-
ment at the city of Mexico. The quarreling and fre-
quent appeals of these two functionaries at last be-
came unendurable, and, in 1842, General Micheltorena
was dispatched to California to supersede both Alva-
rado and Vallejo.
The first intimation these officers had of this unex-
pected result of their appeals to the general govern-
ment, was the appearance of General Micheltorena at
San Diego, with full powers to assume both the mili-
tary and civil government of the department of Cali-
fornia. This was a turn of affairs as undesired as un-
expected, and, laying aside their personal differences,
Alvarado and Vallejo formed an alliance to resist
what they termed the usurpation of Micheltorena.
Uniting their influence, it was not a difficult matter
to bring the Spanish-speaking inhabitants, always
ready for an uprising, to their standard. Among
other arguments used to induce them to join the re-
volt against the general government, was the rapid
influx of foreigners, particularly of Americans. The
pastoral, indolent, pleasure-loving Mexicans were no
match in business affairs with the energetic, wide-
awake, and, in many cases, unscrupulous foreigner.
Wherever he had located he had possessed the coun-
try. Even at that early day .=ome of the far-seeing
ones among the native population predicted that, un-
less the tide of immigration was immediately stopped,
California would be lost to their people. This senti-
ment was made use of by Alvarado and Vallejo, and
the boast of their troops was, that, after disposing of
Micheltorena, they would settle with the foreigners.
The Americans, or "Gringos" as they called them,
were particularly the subjects of their hatred.
The Micheltorena War made no impression on this
community. The new governor, after landing at San
Diego, advanced up the country as far as what is now
known as the Twelve Mile House on the Monterey
road. Here, learning that the country around the bay
was in arms again.st him, he retired. With this ex-
ception, the campaign was conducted elsewhere.
Some of the foreigners residing in the Santa Clara
Valley joined Micheltorena, while others who had
joined him in other places afterwards became resi-
dents of this community. Except this, the war had
no effect on this county. After a series of reverses
Micheltorena, in 1845, was compelled to quit the
country. When this was accomplished, Pio Pico was
chosen governor, and Jose Castro, who had given
material aid to Alvarado and Vallejo, was appointed
general.
THE MEXICAN WAR.
The feeling against the Americans was growing
more intense. The enlistment of many of them under
the banner of Micheltorena, together with acts of ag-
gression on the part of others, had served to aggra-
vate the feeling of enmity, but no organized move-
ment against them was made until the following year,
1846. Gen. J. C. Fremont, who had been conducting
a topographical survey for the United States, had lost
a portion of his party, and visited this district to look
for them. Having heard that they were camped on
the San Joaquin River, he sent Kit Carson with two
companies to pilot them into the Santa Clara Valley.
Pending their arrival, he went to Monterey, and, being
short of provisions, he, in company with Thomas O.
Larkin, called on General Castro, and, stating the
cause of his being there, asked permission to pass
through the country. A verbal assurance that he
would be unmolested was given, but a written pass-
port was not granted, General Castro stating that his
word was as good as any written document could be.
A like assurance was also received from Don Manuel
Castro, then prefect of the district. Returning to San
Jose he met Kit C;irson, who had safely arrived with
the missing party from the San Joaquin, but not find-
ing here a sufficient store of provisions, he determined
to g ) back to Monterey.
On the way back he encamped at the Rancho La-
guna Seca, about eigliteen miles south of San Jose,
the property of William Fisher. Here a Mexican
came into camp and claimed certain horses belonging
to the command, alleging that they had been stolen.
General (then Captain) Fremont, knowing that the
horses had been brought by his command from the
64
PEN PICTURES FROM THE "GARDEN OF THE WORLD:'
United States, refused to give them up. The Mexi-
can, who was evidently in the employ of the Mexican
authorities, left the camp, and, riding to San Jose,
lodged a complaint with the Alcalde, against Fremont,
charging him with the crime of horse stealing. On
the twentieth of February, 1846, the Alcalde issued a
summons citing Fremont to appear before him and
answer the charge. This summons Captain Fremont
refused to obey, but sent a written communication to
Dolores Pacheco, who was then Alcalde, setting forth
his title to the animals claimed. Having done this he
proceeded to cross the Santa Cruz Mountains, taking
nearly the same route now followed by the South
Pacific Coast Railroad. Failing to reach him by civil
process, the prefect, Don Manuel Castro, sent him,
by an armed escort, a message commanding him to
immediately leave the country, or force would be used
to compel him to do so.
Fremont, convinced that the Mexican authorities
were determined to molest him, immediately marched
to Hawkes' Peak, a rough mountain about thirty
miles from Monterey, and intrenched himself See-
ing that his intended victim had taken the alarm.
General Castro threw off all disguise, and, placing him-
self at the held of a company of about two hundred
men, with a couple of small cannon, made a demon-
stration toward the American position. Don Jose's
courage, however, does not seem to have been equal
to his vanity, for, while announcing to his followers,
and to the headquarters at Mexico, the dire retri-
bution that he was about to visit on the cursed
"Gringos," he contented himself with showing his
force at a safe distance from the rifles of the Ameri-
cans. Finding that this display did not strike terror
to the hearts of the strangers, and compel them to
flight, he essayed by treachery to accomplish that
which he had not courage to attempt by force. He
wrote a letter to Fremont proposing that they should
join forces, and together march against Governor
Pio Pico and conquer the country for themselves.
John Gilroy, the Scotchman whom we have spoken
of as being the first foreigner to settle in this county,
was selected as the messenger to bear this proposition
to Fremont. Whether Castro intended by this means
to get Fremont into his power, or whether he really
meditated treachery against his own country, will
never be known, for, when Gilroy reached Hawkes'
Peak, which he did on the tenth, the enemy had van-
ished. Fremont had waited throe days for Castro's
attack, and, not having any more time to spare, had
abandoned his camp, and by a forced march reached
the San Joaquin Valley.
As soon as Castro learned that the enemy had re-
tired, his courage revived, and, making a charge on
the abandoned works, secured material for a grandil-
oquent dispatch, which he lost no time in writing and
forwarding to Monterey. The report, after reciting
the deeds of valor performed by himself, concluded
with the statement that he should not return to peace-
ful pursuits until every accursed foreigner had been
swept from the country.
At this time there was great dissatisfaction on the
part of the Mexican inhabitants of California, by rea-
son of the treatment they were receiving at the hands
of the central government. They received no assist-
ance or protection from Mexico, and, while taking care
of themselves, were paying revenue to the general
treasury. This dissatisfaction finally culminated in a
convention held at the Mission San Juan, at which
the question was discussed as to which power, En-
gland or France, should be selected to establish a pro-
tectorate over the country. Don Mariano Guadalupe
Vallejo was a member of this convention, and de-
livered an eloquent speech against submitting to a
protectorate from any power, and urging his people to
declare their independence and set up a government
for themselves. While his speech did not induce the
protectionists to abandon their position, it had the
effect of postponing their decision, and this delay
made it possible for the United States to acquire
California. The English Government it seems was in
communication with Pico and Castro, and confidently
expected through them to add California to its list of
colonies. Admiral Seymour, with the frigate Colling-
wood, was lying in the harbor at Acapulco, about to
sail for Monterey, to take possession of the country.
At the same time Commodore Sloat, with a United
States vessel, was at the same port.
John Parrot, afterwards a prominent citizen of San
Francisco, was then in Mexico, and in a position where
he was enabled to learn something of the intentions
of the British Government in regard to California.
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 warning him
of this intention. The Commodore immediately went
to sea. He reached Monterey Bay, and, on the
seventh day of July, 1846, hoisted the star-spangled
banner over the capitol of the department. Admiral
Seymour arrived soon afterward, but, having no
PEN PICTURES FROM THE "GARDEN OF THE WORLD."
65
authority to inaugurate hostilities with the United
States, he was powerless. If the convention at San
Juan had declared the independence of Alta Cali-
fornia, or had taken other steps to sever their alle-
giance to Mexico, the result would have been quite
different. But, being a colony of a country which
was at war with the United States, the capture of
California by Commodore Sloat was entirely legiti-
mate, and no outside power had a right to interfere.
Two days after raising the American flag at Mont-
erey, Commodore Sloat issued the following procla-
mation, a copy of which was sent by a courier, Henry
Pitts, to General Castro, then with his forces at San
Jose: —
"To tJic inhabitants of California —
"The central troops of Mexico having commenced
hostilities against the United States of America by
invading its territory, and attacking the troops of the
United States stationed on the north side of the Rio
Grande, and with a force of seven thousand men,
under the command of General Arista, which army
was totally destroyed, and all their artillery, bag-
gage, etc., captured on the eighth and ninth of May
last, by a force of twenty-three hundred men, un-
der the command of General Taylor, and the city of
Matamoras taken and occupied by the forces of the
United States, and the two nations being actually at
war by this transaction, I shall hoist the standard of
the United States at Monterey immediately, and shall
carry it through California. I declare to the inhabit-
ants of California, that, although I come in arm.s, with
a powerful force, I do not come among them as an
enemy of California; on the contrary, I come as their
best friend, as henceforth California 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 adminis-
tration of justice among themselves; and the same
protection will be extended to them as to any other
State in the Union. They will also enjoy a perma-
nent government, under which life and property and
the constitutional right and lawful security to worship
the Creator in the way most congenial to each one's
sense of duty will be secured, which, unfortunately, the
central government of Mexico cannot afford them, de-
stroyed, as her resources are, by internal factions and
corrupt officers, who create constant revolutions to
promote their own interests and oppress the people.
Under the flag of the United States, California will
9
be free from all such troubles and expenses; conse-
quently the country will rapidly advance and improve,
both in agriculture 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
manufactures and produce of the United States free
of any duty, and of all foreign goods at one-quarter
the duty they now pay. A great increase in the
value of real estate and the products of California may
be anticipated. With the great interest and kind
feelings I know the government and people of the
United States possess toward the citizens of California,
the country cannot but improve more rapidly than
any other on the continent of America. Such of the
inhabitants, whether natives or foreigners, as may not
be disposed to accept the high privileges of citizen-
ship, and to live peacefully under the Government of
the United States, will be allowed time to dispose of
their property, and remove out of the country, if they
choose, without any restriction, or remain in it, main-
taining strict neutrality. With full confidence in the
honor and integrity of the inhabitants of the country,
I invite the judges, Alcaldes, and other civil officers, to
execute their functions as heretofore, that the public
tranquillity may not be disturbed, at least until the
government of the territory can be definitely ar-
ranged. All persons holding titles to real estate, or
in quiet possession of lands under color of right, shall
have these titles guaranteed to them. All churches,
and the property they contain, in possession of the
clergy of California, shall continue in the same right
and possession they now enjoy. All provisions and
supplies of every kind furnished by the inhabitants for
the use of United States ships or soldiers, will be paid
for at fair rates; and no private property will be
taken for public use without just compensation at the
moment. JoHN D. Sloat,
"CommanJer-in-Chief of the U. S. Naval Force in the Pacific Ocean."
This proclamation of Commodore Sloat was the first
announcement to the white inhabitants of California
that war was pending between the United States and
Mexico.
We left the Mexican commander, Castro, at Hawkes'
Peak, where he had captured the abandoned camp of
Captain Fremont. From there he marched to differ-
ent points, and finally established his headquarters at
Santa Clara. In the meantime the American in-
habitants of California had become thoroughly con-
vinced that some action was necessary on their
part to preserve their lives and property from the
attacks of the Mexicans, who seemed resolved to
PEN PICTURES FROM THE "GARDEN OF THE WORLD."
carry out their threat formerly made, that "after
disposing of Micheltorena, they would settle with
los Americanos!' They were too weak in numbers
to make headway against such forces as Castro and
the numerous guerrilla leaders could bring into the
field; but, relying on securing accessions to their
numbers from the large trains of immigrants arriving,
and to arrive, from across the mountains, they resolved
to organize. Besides the Americans, there were
representatives from many other nations amongst the
population on this coast, all in equal jeopardy.
A meeting was held in Sonoma, on June 14, 1846,
which resulted in a declaration of independence, and
the raising of the famous " Bear Flag," on the plaza
of that town, as the standard of what they termed
the California Republic. At the time of the capture
of Sonoma, there were taken prisoners, General
Vallejo, who had so eloquently acted the part of a
Patrick Henry at the convention of San Juan, to-
gether with his brother-in-law, Mr. Jacob P. Leese,
an American; Lieutenant-Colonel Victor Prudon, and
Captain Don Salvador Vallejo. The Bear Flag party
communicated with Fremont, who joined them at
Sonoma, on the morning of June 25, with ninety
mounted men, called the Fremont Rifles. On the
receipt of the news of the capture of Sonoma, Gen-
eral Castro issued two proclamations, which are inter-
esting, as showing how much more energetic he was
in speech than in action.
" The citizen Jose Castro, Lieutenant-Colonel of Cavalry
in the Mexican Army, and acting General Com-
mander of the Department of California: —
"Fellow-citizens : The contemptible policy of the
agents of the United States of North America, in this
department, has induced a portion of adventurers, who,
regardless of the rights of men, have daringly com-
menced an invasion, possessing themselves of the town
of Sonoma, taking by surprise all that place, the mili-
tary commander of that border. Colonel Don Mariano
Guadalupe Vallejo, Lieutenant-Colonel Don Victor
Prudon, Captain Salvador Vallejo, and Mr. Jacob
P. Leese. Fellow-countrymen, the defense of our
liberty, the true religion which our fathers possessed,
and our independence, call upon us to sacrifice our-
selves rather than losethese inestimable blessings; ban-
ish from your hearts all petty resentments, turn you
and behold yourselves, these families, these innocent
little ones which have unfortunately fallen into the
hands of our enemies, dragged from the bosom of
their fathers, who are prisoners among foreigners, and
are calling upon us to succor them. There is still
time for us to rise en masse, as irresistible as retribu-
tive. You 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 sacrifice himself
will be your friend and fellow-citizen.
"Jo.sE Castro.
''Headquarters, Santa Clara, June ly, iS.^6."
"Citizen Jose Castro, Lieutenant-Colonel of Artillery
in the Mexican Army, and acting General Com-
mander of the Department of California: —
" All foreigners residing among us, occupied with
their business, may rest assured of the protection of
all the authorities of the department, whilst they
refrain entirely from all revolutionary movements.
The general commandancia under my charge will
never proceed with vigor against any persons, neither
will its authority result in mere words, wanting proof
to support it; declaration shall be taken, proofs exe-
cuted, and the liberty and rights of the laborious,
which are ever commendable, shall be protected. Let
the fortune of war take its chance with those ungrate-
ful men, who, with arms in their hands, have attacked
the country, without recollecting they were treated by
the undersigned with all the indulgence of which he
is so characteristic. The inhabitants of the depart-
ment are witnesses to the truth of this. I have
nothing to fear, my duty leads me to death or victory.
I am a Mexican soldier, and I will be free and inde-
pendent, or I will gladly die for these inestimable
blessings. JOSE C ASTRO.
"Headquarters, Santa Clara, June ly, 184.6."
Notwithstanding these valorous declarations, Castro
neglected to take the field, but remained inactive, the
only movement on his part being to change his camp
from Santa Clara to San Jose. On the ninth of July,
just twenty-three days after the issuance of these
proclamations, in which the doughty general had
declared his unalterable determination to die in
defense of his country, the messenger bearing
Commodore Sloat's proclamation came riding into
San Jose. His approach had been announced some
little time before, and Castro had his men in ranks
when the courier arrived. Having received the dis-
patch and glanced over it to ascertain its purport, he
formed his men in line in front of the juzgado on
Market Street, and announcing, "Monterey is taken
by the Americans," proceeded to read to them the
PEN PICTURES FROM THE "GARDEN OF THE WORLD:'
67
proclamation, which, having been concluded, he ex-
claimed: "What can I do with a handful of men
against the United States? " I am going to Mexico!
All you who wish to follow me, right-about-face !
All that wish to remain, can go to their homes." A
very few of his men elected to go with Castro, and with
these he rode off southward, on the same day. He
did, however, give the Americans a parting kick.
Having arrested Charles M. Weber in his store in San
Jose, he carried him off a prisoner, detaining him until
the party reached Los Angeles, where he was released.
While these events were transpiring, Thomas
Fallon raised a company of twenty-two men at Santa
Cruz, for the purpose of joining the Bear Flag party.
Crossing the Santa Cruz Mountains he had arrived
within about three miles of San Jose, when he learned
that Castro was holding both San Jose and Santa
Clara with a force of about three hundred men.
Thinking it not advisable to risk his small company
in an engagement with such a superior force, he fell
back into the mountains. Here he received some
accessions to his numbers and returned to the valley,
concealing himself in the willows and mustard along
the creek. Here he heard of the arrival of Commo-
dore Sloat's courier and of Castro's intention to retire-
Getting his men into their saddles, they dashed into
San Jose and rode to the juzgado. But it was
too late; Castro had fled and Fallon's force was too
small for pursuit. He, however, took possession of
the juzgado, together with the archives of the pueblo,
and made a prisoner of the Alcalde, Dolores Pacheco.
This Pacheco, it will be remembered, was the Alcalde
who summoned Fremont to appear before him to
answer the charge of horse stealing. Captain Fallon
announced his victory to Commodore Sloat, who sent
him an American flag, which was raised over the juz-
gado on the thirteenth, and was the first standard of
the United States to float in the grateful breezes of
this beautiful valley. Fallon appointed James Stokes
as Alcalde, and then, with his company, joined Fre-
mont, who had moved down to San Juan.
The necessity of holding San Jose and the fertile
valley of which it was the center, induced the com-
mander of the United States sloop of war Portsmontli
to dispatch its purser, Watmough, to the pueblo, with
thirty-five marines, as soon as it became known that
Fallon had gone south. He made his headquarters
at the juzgado, and strengthened his command by the
enlistment of a few volunteers. The tide of war,
however, had flowed southward, and with the excep-
tion of a short expedition against the Indians of San
Joaquin Valley, the military operations did not
amount to much. He returned to his vessel in Oc-
tober.
At this time Commander Hull, of the United States
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 company of thirty-three men, and
established headquarters in an adobe building on the
east side of what is now known as Lightston Street.
This company did good service in scouting the coun-
try and preventing depredations by the straggling
remnants of Castro's command, and securing supplies
for the use of the troops.
About the time Weber and Murphy received their
commissions, a body of immigrants arrived at Sutter's
Fort, where they were met by Captain Swift, of Fre-
mont's battalion, who had been detailed as recruiting
officer. Among the immigrants was Joseph Aram,
who afterwards became an honored citizen of Santa
Clara County. Aram immediately enlisted and was
appointed a captain. With his volunteers he pro-
ceeded to escort the families of the immigrants to
Santa Clara, where he made his headquarters, in
November. The accommodations were very inade-
quate, and the season being a very rough one, four-
teen died by February, and many more became
seriously sick. Captain Aram had a force of thirty-
one men, and hearing that a Colonel Sanchez with a
large force of mounted Mexicans was threatening the
mission, he proceeded to put it in as good condition
for defense as his means would permit. Wagons,
and even branches cut from the trees on the Ala-
meda, were used to construct barricades across the
various approaches.
At the time Captain Aram took possession of the
mission. Captain Mervin, of the United States Navy,
sent Lieutenant Pinckney with Midshipmen Wat-
mough and Griffin, of the Savannah, and sixty men,
to re-inforcc Weber and Murphy, at San Jose. On
the afternoon of November 2, this force took posses-
sion of the juzgado and transformed it into a barrack,
entrenching the position by breastworks and a ditch.
Videttes were stationed on all the roads, and a senti-
nel posted on the Guadaloupe 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 nec-
essary, as the Mexican Sanchez, with a large force,
PEN PICTURES FROM THE ''GARDEN OF THE WORLD:
was hovering around the valley, picking up stragglers
and looking for a favorable opportunity to make a
sudden attack. At the same time, the Americans
were anxious to meet Sanchez on a fair field, but his
movements were so erratic and rapid that he could
not be brought to bay.
In the first days of September, Sanchez, by means
of an ambush, surprised and captured Lieut. W. A.
Bartlett, of the United States sloop Warren, and
who was then acting as Alcalde of San Francisco.
He, with five men, were out looking for supplies of
cattle and reached a point near the Seventeen Mile
House, when Sanchez dashed out from the brush and
made them prisoners. Martin Corcoran, afterward a
prominent citizen of Santa Clara County, was with
the captured party. The prisoners were carried to
Sanchez' camp, which was among the redwoods in the
foot-hills 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
Murphy started out in pursuit with their company.
After advancing a few miles, they ascertained that
Sanchez had received large accessions to his force,
including a piece of artillery, 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, pushed on to San Fran-
cisco to report to the commander.
As soon as Weber had passed on, Sanchez came
down out of the hills and encamped north of San
Jose, on the Higuerra ranch. Two days later he
started for the pueblo, thinking he could capture it
without a figlit, as Weber's company was absent.
He took up a position on the Almaden road, south
of town, and sent in a flag of truce, demanding a sur-
render, 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 un-
molested. Lieutenant Pinckney refused the offer,
doubled his guards, and prepared for battle. That
night was one of great anxiety to the little band
behind the intrenchments on Market Street. Every
one was on the qui vive, and although each nerve was
strung to its utmost tension, there was no flinching,
even in the face of the overwhelming odds opposed
to them. During the night, Sanchez circled round
the town and carefully inspected the position of
the Americans from every point. But when he
saw the preparations made for his reception, his heart
failed him, and he rode off with his command and
went into camp about five miles north of Santa Clara.
He kept with him Lieutenant Bartlett and his men,
whom he had taken prisoners a few days before. At
that time, J. Alex. Forbes, the acting British Consul,
was at Santa Clara. Mr. Forbes, taking a small
English flag in his hand, visited the camp of Sanchez
for the purpose of negotiating for the release of the
prisoners. Sanchez was willing that Bartlett might
go with Forbes, but would not consent that he should
be turned over to the Americans unless \.\\&y would
deliver up Capt. Charles Weber in his place. Forbes
communicated this proposition to the commander at
San Francisco, and, pending a reply, took Bartlett to
his own home in Santa Clara. Word came quickly
from San Francisco that Sanchez' proposition could
not be entertained, and Bartlett was returned to the
Mexican camp.
During this time Weber's company had reached
San Francisco, where it was joined by other forces,
and all were placed under the command of Capt.
Ward Marston, United States Marine Corps, of the
Savannah. The composition of this army was as
follows: Thirty-four marines under command of
Lieut. Robert Tansill; a six-pound ship's gun, with
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,
under command of Capt. Charles M. Weber and
Lieut. John M. Murphy, with James F. Reed, who
was seeking relief for the Donner party, as second
lieutenant; Yerba Buena Volunteers, under command
of Capt. William M. Smith, and a detachment of twelve
men, under command of Capt. J. Martin. The whole
force numbered one hundred and one men. They
advanced from San Francisco, and on the second day
of January, 1847, came in sight of Sanchez' forces,
about four miles north of Santa Clara. The Mexican
force was about two hundred and fifty men, or more
than two to one against the Americans, but notwith-
standing this great discrepancy, the little band of
American troops advanced to the attack with enthu-
siasm. Sane fz, whose scouts had brought him
intelligence of the approach of the troops from San
Francisco, first sent his prisoners towards the Santa
Cruz Mountains, and then with a great show of valor
made ready for battle. As soon as the Americans
came in sight of 'the enemy, they pressed on to the
attack, before which Sanchez fell back. The Ameri-
cans continued to advance, and brought their one
piece of artillery into position, but at the third round
it was dismounted by the recoil, and half buried in the
PEN PICTURES FROM THE "GARDEN OF THE WORLD."
69
mud. The infantry, however, kept up a hot fire
whenever they could get in range, which, owing to
the extreme caution of the enemy, was not often-
A good deal of ground was thus traversed, until
finally Sanchez made a strong demonstration around
the right flank of the Americans, evidently with the
intention of cutting off and stampeding a large band
of horses that were in charge of the United States
troops.
The reports of the artillery and the volleys of
musketry had aroused the people of the mission, who
ascended the house-tops to witness the battle. Cap-
tain Aram, with the men under his command, was
anxious to join the conflict, but as all the women and
children of the country were under his protection, he
did not feel at liberty to abandon them, especially as
Sanchez, in his retrograde movements, was approach-
ing his position. However, when the Mexicans made
the demonstration on the American right, as above
stated. Captain Aram, at the head of his men, marched
from the mission with speed to attack Sanchez' right
wing. At the same time Weber and Murphy's com-
pany charged home, and drove the entire Mexican
force from the field and towards the Santa Cruz
Mountains, while the Americans marched in triumph
to the mission. The Mexican loss was four men
killed and four wounded. The Americans had two
men slightly wounded.
Soon after Sanchez had been driven from the field,
he sent in to the mission a flag of truce, offering a
conditional surrender. The reply was that the sur-
render must be unconditional. Sanchez answered
that he would die before he would surrender except
on the conditions proposed by him. Finally, a cessa-
tion of hostilities was agreed upon until such a time
as his proposition could be submitted to the com-
mander of the district, at San Francisco.
During this armistice, and the day after the battle,
January 3, Captain Aram went to the Mexican cor-
ral 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
Mountains, and Sanchez, who seemed to be in great
fear of an attack, requested Captain Aram to go out
and meet them and inform them of the armistice. As
no re-inforcements were expected from that direction,
Aram could not imagine what this force could be;
but he rode out to meet them, accompanied by a few
men,and the acting British Consul, J. Alex. Forbes. It
seems that the hope that England would take a hand
in the affairs of California was not entirely abandoned,
for, as Lieutenant Murphy states, Forbes carried with
him a small English flag, concealed under the skirts
of his saddle, presumably for the purpose of invoking
the aid of the strangers should they prove to be En-
glish. Several of the men in the escort saw the flag,
and said afterwards that had an attempt been made
to induce British interference its bearer would not
have survived to enjoy the fruits of his negotiations.
As it happened, however, the new party proved to be
a force of fifty-nine men under command of Cap-
tain Maddox, of the United States navy. They
were disappointed to hear of the armistice, but re-
spected its conditions. Three days after this event
a courier arrived from San Francisco with orders
informing Captain Marston that Sanchez' surrender
must be unconditional.
On the next day, the seventh, Lieutenant Grayson
arrived at the mission with another re-inforcement of
fifteen men, and on the eighth Sanchez unconditionally
surrendered his entire force. His men were allowed
to return to their homes, which most of them did, and
afterward became good citizens of the United States.
Sanchez was taken to San Francisco, and for a time
was held as a prisoner of war on board the Savannah,
The battle of Santa Clara was the last of hostilities
in this county. The theater of war was transferred
to the South, and no hostile gun was afterwards fired
in the beautiful valley 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 relations. This
will not seem remarkable when it is remembered that
the inhabitants of California had, for a number of
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.
They did not intend to set up a government for them-
selves, but were seeking the protection of some foreign
power. 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, although
not what they had hoped to achieve. The equal
justice which was administered by the new adminis-
tration of affairs soon reconciled them to their lot,
and in a very few years they congratulated them-
selves that things were as they were, and not as they
had sought to make them.
Hostilities between the United States and Mexico
70
PEN PICTURES FROM THE "GARDEN OF THE WORLD."
ceased early in 1848, and February 2 of that year
the treaty of Guadalupe Hidalgo was signed, by
which California was ceded to the conquerors. This
treaty was ratified by the President of the United
States March 16, was exchanged at Queretaro May
30, and was proclaimed by the President July 4.
California was now the property of the United
States, but had neither Territorial nor State organiza-
tion. In fact, it had no Territorial existence until
1849. During this time its affairs were administered
by the senior military officers stationed in California.
These military governors were as follows : Commo-
dore John D. Sloat, from July 7, 1846; Commodore
Robert F. Stockton, August 17, 1846; Colonel John
C. Fremont, January, 1847; General Stephen W.
Kearney, March i, 1847; Colonel Richard B. Ma-
son, May 31, 1847; General Bennett Riley, April
13. 1849-
DISCOVERY OF GOLD.
In January, 1848, came the discovery of gold at
Sutter's Mill. The excitement caused by this event has
been described both in prose and verse. It spread
like a conflagration throughout the coast, and, over-
leaping the Sierras, swept over the continent, and
thence across the Atlantic to the Old World. It
came to the Santa Clara Valley after the annual grain
crops had been planted. All business was suspended
and everybody rushed to the mines. Many succeeded
in securing a good supply of the precious metal, but
many more did not. The grain in the fields grew
and ripened, but waited in vain for the reaper, and
was finally wasted or devoured by the grazing herds.
Each report of a rich find intensified the excitement,
while the numerous stories of disappointment seemed
not to allay the fever. The town and country were
deserted. There being no crops, for lack of harvest-
ers, all food supplies went up to fabulous prices. The
flour used was brought chiefly from Chili and sold
for $20 per barrel. Everything else in the way of
food, excepting meat, was proportionately high. La-
bor, when it could be procured, was from $10 to $18
per day. Lumber cost $100 per thousand feet for the
hauling alone. For two years the onions raised on
about six acres of ground near where the Southern
Pacific Railroad depot now stands yielded a net profit
of $20,000 per year.
It has gone into history that the first discovery of
gold was made in January, 1848, by Marshall, in the
race at Sutter's Mill. Mrs. Virginia Murphy, daugh-
ter of James F. Reed, and one of the Donner party,
says that gold was discovered at Donner Lake in
the winter of 1846-47. She says: "We were seated
around the fire when John Denton, a gunsmith by
trade, while knocking off chips from the rocks on
which the wood was placed, saw something shining.
He examined it and pronounced it to be gold. He
then knocked off more chips from the rock, and
hunted in the ashes for more of the shining particles
until he had gathered a tablespoonful. He wrapped
the gold in a piece of buckskin and put it in his
pocket. When the first relief party came in he went
out with it, but died on the way, and the gold was
buried with him. When I saw my father, Mr. Reed,
I told him of the circumstance, and he said: 'If
John Denton says that that is gold it is gold, for he
knows.' My father intended to go back to Donner
Lake to search for the precious metal, but before he
started, gold was discovered at Sutter's Mill; hence,
he did not return to the lake. I have been told that
the rocks used for the fire-place had been washed
down from a mountain where gold was, but this
mountain was probably many miles away."
In the latter part of 1848 some of the citizens of
San Jose who had gone to the mines returned. Some
had made fortunes, others a few hundred or a few
thousands of dollars, and others had made nothing,
and, having become disgusted with their luck, came
home to engage in other pursuits. Up to this time
the immigration to California had been made up of
those who were seeking homes for agricultural and
other business purposes, but its character was entirely
changed by the discovery of gold, and for severa
years all classes of people poured into the State.
They came by land and by water in search of the
glittering metal. They were from all countries and
were of all classes of society, from the highest to the
lowest, and met here on a common level. Some of
the most talented, educated, and refined men of the
nation worked with pick and pan with nothing in
their outward appearance to indicate the sphere in
which they had been reared. There was the usual
proportion of thieves, gamblers, and "knights of indus-
try," and crime became rampant. Judge Lynch pre-
sided at many of the extemporized courts, and
"miners' law" was the law of the land. A very large
number came with the intention of quickly acquiring
a fortune and returning home. But few of these
anticipations were realized. Many of the successful
ones, charmed with the climate and fertile soil of
California, became permanent residents. Many of
those who were unsuccessful in the mines became
PEN PICTURES FROM THE "GARDEN OF THE WORLD:
71
successful in other pursuits, and made their homes
here. Of both of these classes San Jose received a
large portion, and agriculture and other industries
began to be developed. Better buildings were con-
structed, business enterprises inaugurated, the Mexi-
can inhabitants with their grazing herds were gradu-
ally pushed aside by the rustling American from
across the mountains, and the vast pastures trans-
formed into fields of grain. The fertile soil of the
valley, when excited by the industry and improved
implements of the immigrant, developed a mine of
wealth no less valuable than the rich placers of the
mountains.
THE FIRST CAPITAL.
The large increase in population, and the number
of different business enterprises that were inaugu-
rated, created a demand for a government different
from that administered by the military department,
and for a code of laws other than the traditions of
Mexican jurisprudence. The matter was represented
to General Riley, then military governor, who called
the people to meet in convention and frame a consti-
tution preliminary to asking Congress for admission
as a State of the Union. This, the first Constitu-
tional Convention, met at Monterey on the first day of
September, 1849. The delegates sent from San Jose
were Joseph Aram, Kimble H. Dimick, J. D. Hoppe,
Antonio M. Pico, Elam Brown, Julian Hanks, and
Pedro Sansevain.
The people of San Jose, even at this early day,
did not lack the spirit of enterprise which has since
distinguished them. At a public meeting held for
that purpose, a committee consisting of Charles White
and James F. Reed was appointed for the purpose of
attending the convention and urging upon that body
the advisability of selecting San Jose as the future
capital of the new State, This committee was met
by representatives from other localities, each on the
same errand. San Jose, however, carried off the prize,
but in order to accomplish this, they were compelled
to enter into an agreement that suitable buildings for
the accommodation of the State government should
be furnished in time for the meeting of the Legisla-
ture, which was the fifteenth of the ensuing Decem-
ber. As there were no such buildings in the town,
this was a rather bold undertaking on the part of the
committee. During the year, a large adobe house
had been built by Messrs. Rochon and Sansevain, on
the east side of Market Plaza, about opposite where
the new City Hall now stands. This was the only
building in the town that anyways approached the
requirements of the State. The Ayuntamiento, or
Town Council, resolved to rent this house for the ac-
commodation of the Legislature. But the rent asked
was $4,000 per month, and after further consideration,
it was concluded to purchase the property for $34,000,
that sum being less than would have to be paid for a
year's rent.
It was easy enough to resolve to purchase; but to
provide the means was a matter of considerable
difficulty. There was no money, and the owners of
the building would not take the pueblo for security.
At this juncture, a number of public-spirited citizens
came forward and executed a promissory note for
$34,000, with interest at eight per cent per month,
and thus solved the difficulty. The names appended
to the note were: R. M. May, James F. Reed, Peter
Davidson, William McCutcheon, Joseph Aram, David
Dickey, Charles White, F. Lightston, R. C. Keyes,
Peter Quivey, J. D. Hoppe, J. C. Cobb, K. H. Dim-
ick, Benjamin Cory, W. H. Eddy, Grove Cook,
Isaac Branham, J. Belden, and P. Sansevain. The
deed was taken in the names of Aram, Belden, and
Reed, as trustees for the purchasers, with a condition
that the property should be conveyed to the pueblo
when it should pay for the same. The State issued
bonds to the amount of $50,000, to pay for the
property. These bonds were sold for forty cents on
the dollar, leaving the original purchasers considera-
bly out of pocket on the investment. To recover the
balance, suits were instituted against the city, and the
litigation continued for a number of years in differ-
ent forms. A history of this dispute will be found
in the chapter on " Land Titles," further on in this
work. From Mr. Hall's history of San Jose, we take
the following description of this building: " It was
sixty feet long, forty feet wide, and adorned with a
piazza in front. The upper story contained but one
room, with a stairway leading thereto. This room
was occupied by the Assembly. The lower story
was divided into four rooms. The largest one was
forty by twenty feet, and was the Senate chamber.
The other rooms were used by the secretary and
various committees. In front of it stood a liberty
pole, the top splice of which was the same that stood
before the juzgado, bearing the ample folds of the
first United States colors which wafted in this valley.
This same top splice forms the upper part of the
pole now in front of the engine house on Lightston
Alley. The gilt ball at the top contains a written
history of the facts pertaining thereto." This splice.
72
PEN PICTURES FROM THE "GARDEN OF THE WORLD:
with its gilt ball, was afterwards removed and placed
on the top of the old City Hall, on Market Street.
The election to ratify the Constitution was held
November 13, 1849, the San Jose District casting five
hundred and sixty-seven votes, all for its adoption.
Peter H. Burnett was at the same time elected Gov-
ernor, his opponent being W. S. Sherwood.
The condition of affairs in San Jose at that time was
very crude, both socially and commercially. It is
well illustrated by " Grandma Bascom's Story," from
the graceful pen of Mrs. M. H. Field, of San Jose,
and which was published in the Overland Montlily,
for May, 1887, and from which we quote: —
"We reached Sacramento on the last day of Octo-
ber. Then we took a boat for San Francisco. Our
fare was $132, and we were eight days in getting to
San Francisco. It rained and rained. I remember
at Benicia we paid $1.50 for a candle. At San Fran-
cisco we had hoped to find a house all ready to be
put together, which Doctor had bought in New York
and ordered sent round 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 till the next
April, and then everything was spoiled but the house.
We had also bought in San Francisco two lots at
$1,700 each. The best we could do was 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 $5.00 worth of potatoes. We ate them
all for supper, and didn't eat so very many either!
" We had intended from the first to come to the
Santa Clara Valley, for Doctor said that wherever the
Catholic Fathers had picked out a site must be a good
location. The children and I stayed in the city while
Doctor came on horseback to San Jose and bought a
house for us. Then he came back, and we started for
San Jose with Professor Jack, while Doctor stayed in
the city to buy and ship furniture and provisions to
us. We came to Alviso in the boat and paid another
$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, paying an
'ounce' each for fare. On the boat I got acquainted
with two nice gentlemen, both ministers, whose names
were Blakeslee and Brierly. They two 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 I, 'just as if I was in
Kentucky, and if you can put up with what I'll have
to, you can come with me and welcome.' So we were
all driven straight to my house, on the corner of
Second and San Fernando Streets. It was just dark,
and the tenth of December.
" The house had been bought of a Mrs. Matthews,
and she was still in the house. Doctor had paid
$7,000 for the house and two fifty-vara lots. I ex-
pected to see at least a decent shelter; but, oh, my ! it
was just as one of the children said, 'Most 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, and great cracks between that let the
water run out. I was thankful for that! There was
a chimney in the house, and fire-place, but hardly a
bit of fire, nor any 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 a table spread
with a white cloth, 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 morning,' she
answered. ' I've used the last bit to get supper with.'
Well, the end of it was we took our supper and went
to bed — nut on our nice Kentucky feather-beds, but
on buffalo skins spread on the floor, and without any
pillows. Mr. Knox and Mr. Blakeslee and Mr. Brierly
climbed up into the loft, and turned in as best they
could. Mr. Knox was sick, too, but I could not 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 feet.
"'Stone!' said she; 'there are no stones in this
country.'
"We slept as if we were on downy beds, we were all
so tired. The next morning I bought a 'burro' load
of wood for an 'ounce.' Everything cost an 'ounce.'
I soon got used to it. Wheat was 75 cents a pound,
butter $1.00 a pound, eggs $3.00 a dozen. A chicken
cost $3.00, milk $1.00 a quart. But their prices
matched all around. Doctors charged $5.00 for draw-
ing a tooth, and other things in proportion. I don't
know as it made any difference. I divided my man-
sion into four rooms, with curtains. Doctor came and
brought us furniture and all the comforts money
would buy. He paid $500 to get shingles on our
roof. Mr. Blakeslee and Mr. Brierly stayed with us.
PEN PICTURES FROM THE "GARDEN OF THE WORLD."
73
We all seemed to get on well together. It was not
till spring that 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
just for a few days till they found some other home;
and then, somehow, they stayed on. Everybody had
to be hospitable. The Legislature was in session and
the town was more than full. The first thing I knew
I had thirteen boarders — senators and representatives,
and ministers, and teachers. Nobody who came
would go away. I could always manage to make
people feel at home, and they would all say that they
would put up with anything, and help in all sorts of
ways, if I would only let them stay. It was as good
as a play to see them help me. Mr. Leek (he was the
enrolling clerk in the Legislature) was a wonderful
hand to make batter-cakes. We got up a reputation
on batter-cakes, and our house was dubbed ' Slapjack
Hall,' by my boy Al. It stuck to us. Mr. Bradford,
from Indiana, could brown coffee to perfection.
" Mr. Orr and Mr. McMullen 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, several families got water from the same well. It
was just a hole in the ground, about eight or ten feet
deep, and no curb around it. Once a baby was creep-
ing round 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 they drew up the poor woman.
We tried to keep the well covered after that.
" It .seemed impossible to get a cook. We even had
a woman 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's,
and wasn't going to cook for anybody. Professor
Jack helped me steadily, and, as I said, everybody
lent a hand. We had a very gay time over our meals,
and everybody was willing to wash dishes and tend
baby. I used to go up to the Legislature and enjoy
the fun there as much as they enjoyed my house-
keeping. The March of that winter was something
to remember. People used to gel 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 school-house in San Jose ? I did. I built it all
alone, 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 Presby-
terian Church was organized in it, and Mr. Blakeslee
had a school in it all winter.
" We had a good deal of party going, and gave en-
tertainments, just as if we had elegant houses and all
the conveniences. The Spanish people were, some of
them, extremely stylish. The ladies had dresses as
rich as silk and embroidery could make them, and in
their long, low adobe houses there were rich carpets
and silk curtains trimmed with gold lace. I went to
the first wedding in one of these houses. Miss Pico
married a Mr. Campbell. It was very grand, but the
odd dresses and the odd dishes upset my dignity
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 had to just pick our way
round 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. Everybody came to see
it and hear my little girl play. Indians and Spanish
used to crowd round the doors and windows to hear
the wonderful music, and many a white man, too, lin-
gered and listened because it reminded him of home.
" We moved into a better house in the spring, very
near where the Methodist Church South now stands.
We paid $125 a month for it. But when I look back
it seems to me that I never had such an intellectual
feast as in old 'Slapjack Hall.' The gentlemen who
figured as cooks in my kitchen were the most intelli-
gent and agreeable men you can imagine. They were
74
PEN PICTURES FROM THE "GARDEN OF THE WORLD."
all educated and smart, and they appeared just as
much like gentlemen when they were cooking as
when they were making speeches in the Legislature.
I don't believe we ever again had such a choice set
of folks under our roof here in San Jose. Doctor and
I felt honored to entertain them, 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 Will-
iams, the Bralys, the Hesters and Crosbys, Murphys,
Dickinsons, Hendersons, Kincaids, Campbells, Reeds,
Houghtons, Tafts and Moodys. Then amongst the
Spanish were the Picos and Sunols. Very likely I
have forgotten a great many, just telling them off in
this fashion, but I never forget them really. Many of
the best citizens of San Jose now, with wives and
children, yes, and grandchildren, were slim young fel-
lows then, who had come to California to seek their
fortunes. Fine, enterprising boys they were too.
Some of them boarded with me. C. T. Ryland and
P. O. Minor were inmates of 'Slapjack Hall,' and Dr.
Cory and the Reeds will remember 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, Somerville Lodge. I re-
member we paid our head carpenter $16 a day. The
house cost us $10,000. It would not cost $1,000
now. We bought seeds to plant a garden, and an
ounce of onion seed cost an ounce of gold ! We paid
$6.00 each for our fruit trees. A mule cost $300; a
horse, $400. But doctors' services were just as high-
priced, and so we kept even."
THE FIRST LEGISLATURE.
The first Legislature met December 15, 1849, and
on the 20th the first civil Governor was inaugurated.
Representatives from other districts who had been
disappointed in not securing the capital at the Con-
stitutional Convention, renewed their efforts in the
Legislature. About the first bill introduced into
the Assembly was by George B. Tingley, providing
for the removal of the capital to Monterey. The
State House was not well adapted to the use of the
Legislature, nor were all the conveniences of life to be
had in San Jose at that early day. The people of the
city, however, exerted themselves to make the condi-
tion of affairs as pleasant as possible. They kept
open house and entertained the law-makers to the best
of their ability.
This Legislature passed the act which gave San
Jose its first legal incorporation under the United
States rule. The act was passed in March, 1850, and
on the eleventh of April the Ayuntamiento held its
last meeting, and the new Common Council held its
first meeting under the charter on the 13th.
The anniversary of national independence was
gratefully remembered in this first year of American
civil administration in California. Mr. Hall says
" there was a grand celebration, and much more inter-
est felt than on such occasions in the Eastern States.
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
brighten and vivify the love of the whole country in
every American. On that occasion the Hon. Will-
iam Voorhies delivered the oration; James M. Jones
also delivered one in Spanish for the benefit of the
Mexicans present. Mr. Sanford, a lawyer from Geor-
gia, read the Declaration of Independence. Thir-
teen young ladies dressed in blue spencers and white
skirts rode on horseback, followed by the 'Eagle
Guards,' commanded by Capt. Thomas White; also
five hundred citizens, some on horseback, some in
carriages, and some afoot, made up the national pa-
geant that wound its way to the south of the town, a
mile or more, in the grove near the Almaden road ;
and there the ceremony was performed, to the great
pleasure and pride of the American settlers in this
new country."
UNDER STATE GOVERNMENT.
On the ninthday of September, 1850, California was
admitted to the Union as a State, and on the sixth
day of January following the State Legislature as-
sembled at San Jose. On the eighth Governor Bur-
nett tendered his resignation, and John McDougall
was sworn in as his successor. The overwhelming
question was the removal of the capital from San
Jose. The citizens did all in their power to retain
it, offering large grants of valuable real property and
funds for the construction of public buildings. The
State scrip which the members were compelled to re-
ceive as pay for their services was worth only forty
cents on the dollar, but was taken at par by the citi-
zens of San Jose. In short, every honorable effort
was made to retain the capital, but in vain. General
Vallejo exerted a greater influence, and an act was
PEN PICTURES FROM THE "GARDEN OF THE WORLD."
75
passed February 14 removing the State government
to Vallejo.
With this Legislature the boundaries of Santa
Clara County, as a political subdivision of the great
State of California, were defined. It originally in-
cluded Washington Township, of Alameda County,
but this was afterwards cut off, and the county re-
duced to its present limits, which are as follows : Be-
ginning at a point opposite the mouth of the San
Francisquito Creek, being the common corner of
Alameda, San Mateo, and Santa Clara Counties;
thence easterly to a point at the head of a slough,
which is an arm of the San Francisco Bay at its
head, making into the mainland in front of theGegara
rancho ; thence easterly to a lone sycamore vtree that
stands in a ravine between the dwellings of Flujencia
and Valentine Gegara ; thence easterly up said ravine
to the top of the mountains, as surveyed by Horace
A. Higley ; thence on a direct line easterly to the
common corner of San Joaquin, Stanislaus, Alameda,
and Santa Clara Counties, on the summit of the
Coast Range ; thence southeasterly, following the
summit of the Coast Range to the northeast corner of
Monterey County;thence westerly, following the north-
ern boundary of Monterey County to the southeast
corner of Santa Cruz County ;thence northwesterly, fol-
lowing 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
place of beginning. Containing about one thousand
three hundred square miles.
COUNTY GOVERNMENT.
The county government was at first administered
by the Court of Sessions, which held jurisdiction until
1852, when the Board of Supervisors was created.
In 1854 the government again went into the hands
of the Court of Sessions, where it remained until the
next year, when the Board of Supervisors was revived,
and has administered the affairs of the county ever
since. Thus far we have as nearly as possible fol-
lowed the history of Santa Clara County in chrono-
logical order; but in order to facilitate reference we
shall henceforward treat each subject separately.
Following is a list of those who have administered
the government of the county from the date of its
organization to the present time: —
On the first day of June, 1850, the Court of Ses-
sions was organized, with J. W. Redmon, President,
and Caswell Davis and H. C. Smith, Associate
Justices.
July 5 — J. W. Redmon, President; John Gilroy,
Caswell Davis, Associates.
August 18 — J. W. Redmon, President; Charles
Clayton and Caswell Davis, Associates.
October 6, 1851— J. W. Redmon, President; R. B.
Buckner and Marcus Williams, Associates.
December, 185 1 — J. W. Redmon, President; Cyrus
G. Sanders and Marcus Williams, Associates.
May 14, 1852— J. W. Redmon, President; Peleg
Rush and Cyrus G. Sanders, Associates.
An election for Supervisors was held June 3, 1852,
and in July, 1852, the new Board was organized as
follows: —
Isaac N. Senter, Chairman; Fred E. Whitney,
William E. Taylor, Jacob Gruwell, Associates.
December 6, 1852 — L. W. 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 Daniels, W.
Gallimore, Associates.
In April, 1854, the Court of Sessions again took
charge, being composed as follows: —
R. B. Buckner, President; Caswell Davis, Thomas
L. Vermuele, Associates.
October i, 1854 — R. B. Buckner, President; Cas-
well Davis, C. G. Thomas, Associates.
On April 9, 1855, another Board of Supervisors
was elected. The organization of the Board from
that time has been as follows: —
April, 1855, to November, 1855— Samuel Hender-
son, William R. Bassham, Daniel Murphy.
From November, 1855, to November, 1856— Will-
iam R. Bassham, William R. Bane, Samuel Morrison.
From November, 1856, to October, 1857 — Cary
Peebels, China Smith and D. R. Douglas.
From October, 1857, to October, 1858 — Joseph H.
Kincaid, Samuel A. Ballard, Albert Warthen.
From October, 1857, to November, 1859 — John M.
Swinford, H. D. Coon, Eli Jones; Isaac Branham
served vice Jones.
From November, 1859, to December, i860 — -H. D-
Coon, H. J. Bradley, Isaac Branham.
From December, i860, to October, 1861— H. J.
Bradley, William M. Williamson, H. D. Coon.
From October, 1861, to November, 1862 — H. J.
Bradley, William M. Williamson, J. H. Adams.
From November, 1862, to March, 1864— William
M. Williamson, J. H. Adams, S. S. Johnson.
From March, 1864, to March, 1866 — John A.
76
PEN PICTURES FROM THE "GARDEN OF THE WORLD."
Quinby, Chapman Yates, L. Robinson, J. A. Perkins,
Frank Sleeper.
From March, 1866, to March, 1868— John A.
Quinby, Frank Sleeper, John A. Perkins, J. O. A.
Ballou, John Cook.
From March, 1868, to March, 1870— David Camp-
bell, John Cook, William H. Hall, W. H. Patton,
Oliver Cottle. (Cottle served vice Ballou, who re-
signed.)
From March, 1870, to March, 1872 — David Camp-
bell, William H. Hall, W. H. Patton, J. M. Battee,
Samuel I. Jamison.
From March, 1872, to March, 1874— J. M. Battee,
William Paul, W. N. Furlong, S. I. Jamison, J. W.
Boulware.
From March, 1874, to March, 1876— J. M. Battee,
William N. Furlong, J. W. Boulware, Alfred Chew,
William Paul, A. King, H. M. Leonard.
From March, 1876, to March, 1878— S. F. Ayer,
J. M. Battee, Alfred Chew, W. N. Furlong, A. King,
H. M. Leonard, W. H. Rogers.
From 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. Leonard. (Town-
send resigned December, 1S79, and was succeeded by
James Snow.)
From March, 1880, to February, 1883 — S. F. Ayer,
John Weathers, James Snow, M. D. Kell, H. M.
Leonard, H. H. Main, Samuel Rea.
From February, 1883-1885— W. E. Ward, H.
Tillotson, W. O. Watson, H. McCleary, Peter Don-
nelly, H. H. Main, S. A. Blythe.
From March, 1885, to March, 1887— S. F. Ayer, W.
A. Z. Edwards, A. Greninger, P. Donnelly, W. O.
Watson.
From March, 1887, to 1888— S. F. Ayer, W. A. Z.
Edwards, A. Greninger, W. O. Watson, James Pheg-
ley.
Following are the dates at which the several town-
ships in the county were first organized: —
Almaden, 1850; Alviso, 1850; Burnett, 1850; Fre-
mont, 1850; Gilroy, 1850; Milpitas, 1861; Redwood,
1850; San Jose, 1850; Santa Clara, 1850.
LAND TITLES.
As to the titles by which real property is held in
this county, while a detailed statement of all the
technicalities through which they have passed would be
out of place in a work of this kind, a general review
may not be uninteresting or unprofitable.
By the treaty with Mexico by which California was
ceded to the United States, it was provided that pri-
vate ownership in lands should be respected, in
other words, that the agreements which the Govern-
ment of Mexico had made with its subjects in refer-
ence to acquiring title to lands should be carried out by
the United States. The Mexican Government had
been liberal in granting its territory to private per-
sons, but it prescribed certain formalities to be per-
formed before a complete title vested in the grantee.
These conditions were, briefly, as follows: —
The party asking a grant of lands must present a
petition to the Governor, stating that the applicant is
a citizen, the head of a family, and that he is in need
of grazing lands, having flocks and herds to main-
tain. It must contain a general description of the
tract he desires, and be accompanied by a map or
sketch called a deseno. The petition when received
by the Governor was by him referred to the Alcalde,
or some other like inferior officer having jurisdiction
nearest the land of which the grant was asked. This
reference was generally made by a foot-note, or mar-
ginal order, directing the referee to inform himself in
regard to the facts set forth in the petition, whether it
would interfere with the rights of other parties to
whom grants had previously been made, whether the
interests of the government would be injured or jeop-
ardized by complying with the petition, and such
other information as he might deem important, and to
report upon it. Upon receiving the report of the Al-
calde, if it contained no objection, the Governor made
what is called a "provisional grant." The descrip-
tions in these provisional grants were, usually, very
meager, and frequently referred to the petition and
deseno to help them out. Frequently the grant was
made of a certain number of leagues within gener-
ally described exterior boundaries, and out of this
originated many of the frauds which resulted in the
getting of many more leagues than was intended to be
granted by the government. The grant was either of
a grazing right or in absolute property. It properly
should, and generally did, contain a provision to the
effect that it should be presented to the Territorial
Departmental Assembly, which was the legislative body
of the territory of Alta California, sitting at Monte-
rey, for approval.
It also provided that what is called "juridical pos-
session" should be given. To this effect an order was
generally made to some inferior officer, an Alcalde or
prefect, or, in earlier days, to some inferior military
officer, directing him to go, with assisting witnesses,
upon the land and put the grantee in actual posses-
PEN PICTURES FROM THE "GARDEN OF THE WORLD:
77
sion. The grant, however, was considered provisional
or incomplete until it was presented to the Depart-
mental Assembly and approved by that body. If all
these formalities were strictly complied with, the
boundaries defined and marked out, and it was not
within the exterior boundaries of prior concessions or
reservations, it was called a perfect or complete title
as contradistinguished from a provisional or inchoate
title.
At the time of the cession of California there was
probably not a perfect or complete 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 California, and after ascer-
taining the inchoate condition 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 the third of March, 1851, providing for com-
missioners 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 government or claimant, to the United States
District Court for the State of California, or to the
United States Supreme Court. To this commission
all claimants were required to present their petitions
for confirmation of their claims. Failure to so pre-
sent them within a specified time after the passage of
the act worked a forfeiture of the claim, which was
thereafter treated as part of the public domain. Upon
these claims being confirmed by these various tribu-
nals, 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 disposition of the public
domain. Besides these two classes of lands there was
a third, that is, the lands granted to pueblos.
Under the plan of Tepic, 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
pasturage, to a square of land extending one league
in each direction from the center of the plaza, mak-
ing in all four square leagues. Where the topogra-
phy of the country, either by reason of the juxtapo-
sition of the sea or of mountain barriers, prevented
the land being 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 established 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
jurisdiction of the pueblo and the adjoining missions
would not conflict. From year to year the old inhab-
itants of the pueblo, in company with the younger
persons in the community, were accustomed to go out
and visit the monuments 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 between Warm Springs
and the present town of Milpitas. On the west (re-
sulting from the settlement of a controversy between
the Mission Fathers and the authorities of the pueblo)
the Guadalupe River was fixed as the boundary,
while the line between 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, before the admission of California to the
Union, was one of the few populous settlements in
California, and was known at that time, and before,
as the " Upper Pueblo." It was selected by the
framers of our first constitution as the future capital
of the State. Such an important destiny spurred the
inhabitants to an extra effort to provide suitable ac-
commodations for the officers of the State and its
august Legislature. By various efforts, in the new and
rather chaotic condition of things, the faith of the
embryo city was pledged to pay the expenses of build-
ing a State-house fronting on the plaza. It was
rather a pretentious building for those times, but
would be considered very insignificant in comparison
with the structures surrounding that locality at the
present day. At all events, with wages at an ounce a
day for carpenters and masons, and lumber at several
hundred dollars a thousand feet, its appearance and
size were, by no means, commensurate with its cost,
which was $34,000.
The city becoming involved and unable to pay,
under the direction of James M. Jones, an attorney
then lately arrived from Louisiana, a judgment was
obtained against her and in favor of the creditors.
An execution was issued on this judgment, and all
the pueblo lands sold at sheriffs sale, and bought in
by a syndicate styling itself the " San Jose Land Com-
78
PEN PICTURES FROM THE "GARDEN OF THE WORLDS
pany." This syndicate soon became known in the
local vernacular as the " Forty Thieves," although the
number of its members was less than forty, and they
were by no means thieves. But the title they claimed
under became popularly known, and has passed into
history, as the "Forty Thieves' Title."
The San Jose Land Company, after acquiring its
sheriff's deed to lands belonging to the city, as before
related, claiming to be the successor in interest to the
pueblo, presented its claim to the United States Land
Commission sitting in San Francisco, praying for con-
firmation to it, of the lands contained within these
boundaries, asserting that there had been a concession
by the Spanish crown to the pueblo of that large
tract. A mass of documentary evidence, correspond-
ence, etc., was introduced, also the testimony of wit-
nesses, to the fact that these monuments had been
placed there years before, and had been recognized
by the citizens. Although 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 of Commissioners and the United
States District Court confirmed the grant to these
exterior boundaries.
In the meantime settlers had located on lands in-
cluded in this tract, under the impression that it be-
longed to the government, or to private parties of
whom they had purchased. They had made improve-
ments and established homes. By this decision ex-
tending the limits of the pueblo, their property was
absorbed, and they united, some fourteen of them, in
securing an appeal to the Supreme Court of the
United States.
At this time there was in existence a body known
as the Commissioners of the funded debt of the city
of San Jose. Judge Spencer, who was a member of
this board, was anxious to have the decision of the
District Court sustained, knowing that the land com-
pany had no valid claim, and that if the title to this
large tract was confirmed to the city, it could be main-
tained. He succeeded in effecting a compromise, by
which the Supreme Court affirmed the decision of the
lower court, except as to the tracts owned by the
fourteen settlers as before stated. A final decree was
made to this effect. Afterward this large 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 extinguished, and up to 1887
the city had no debt of any kind whatever. In due
time the pueblo was surveyed out, and, in 1884, a
patent was issued.
This claim of the San Jose 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. versus 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 for the city, a clause was inserted
which, it was claimed, confirmed the land company's
title. Upon that claim an action was brought in the
United States Circuit Court for the District of Cali-
fornia to recover possession of the large body of land
within the corporate limits which had not passed by
legalized grants. The case was Leroy versus Chaboya
et al. — some six hundred different defendants being
named, and involving the title to a very large portion
of the land within the city limits. Mr. 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 con-
firmation in favor of the land company, or its succes-
sor, thus ending a case of great importance to the
inhabitants of the city and surrounding territory, and
which went far to settle land titles in this vicinity.
MISSION GRANTS.
Grants, of rather an indefinite character, were
claimed to have been made to the various missions, of
which there were a number, both in Northern and
Southern California. When the missions were secu-
larized, as elsewhere related, these grants reverted to
the State. Notwithstanding 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 afterwards confirmed to
the church; but a large body of grazing lands passed
into the general domain, and was re-granted to pri-
vate individuals. 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 reverted to the Mexican
Government, and as it had never been re-granted it
became the public domain of the United States on
the session of California, and therefore subject to pre-
emption. The orchard property of Santa Clara was
particularly valuable, and was settled, on by several
sets of squatters. The first was T. W. Redmon,
county judge, who held the orchard for several years,
PEN PICTURES FROM THE "GARDEN OF THE WORLD."
79
selling the fruit at enormous prices. It went through
several hands, and was the subject of much litigation,
but was finally confirmed to Archbishop Allemany,
representing the church.
We have related how Lieutenant Moraga, under
direction of the Spanish Government, partitioned to
the original settlers the lands of the new pueblo.
These allotments were made in accordance with a
rule adopted by the government, by which rule all
pueblos or towns were to be laid out and established
under the plan of the city of Tepic. Under this plan
the tracts of land were divided into three classes:
so/ares, or building lots; siiertes, or lots for cultivation,
and egidos, or commons for pasturage and wood. By
the Tepic method each head of a family was given
four suertes and one solar.
There is a sufficient record of this allotment having
been made by Moraga at the first location north of
the present city, but no record has ever been found
of a similar allotment having been made after the site
of the pueblo had been removed to its present loca-
tion. It is a legitimate presumption that such parti-
tion was made, although there is no record evidence.
Judge Spencer tells us that in 1852, and even later,
there remained landmarks that showed something of
the general plan of the location. Among these were,
in several places, stumps of hedge-rows forming alleys
leading to the Guadaloupe River— evidently roads used
by the women who went to the creek to wash. He
says that at that time, and until the willows and other
vegetation was destroyed, the Guadaloupe was a peren-
nial stream, supplied in the summer-time .from the
springs in the lower ground south of town, while
from the Guadaloupe were the remains, tolerably de-
fined, of ditches leading into the Canoas Creek. This
word " canoas," besides meaning " canoe," also signi-
fies a " trough;" and it was probably for this latter
meaning that the Mexicans applied it to this stream,
as they evidently used it for the purpose of conveying
water to their suertes, or planting lands.
There were also remains of branch ditches, or
acequias. One went out and crossed the plaza near
the site of the new City Hall, and continued on,
crossing First Street near San Fernando, as if to irri-
gate 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 con-
tinuing to the present site of Hotel Vendome ; from
this was irrigated the lands between it and the Guad-
aloupe River, which it paralleled. In one of the suits
regarding the land claimed as suertes, old Pedro
Chaboya and other old Mexican witnesses testified
that all the alkali ground in the northeast portion of
the city was, in very early days, fine land for crops ;
hut the Coyote River having overflowed its banks
and rushed down across the country, the soil was
washed off, and when the water receded or evapo-
rated it was transformed into an alkali sink.
It seems that there must have been suertes in the
vicinity of where these acequias ran; but whether they
were granted with actual title, or only for temporary
use, there is no evidence. It was most probably the
latter; or, if actual title was granted, the suertes were
abandoned. This conclusion is reached from the fact
that years ago the oldest inhabitant could not remem-
ber the location, and also from the custom of the
Mexicans, in those primitive days, of using as little
labor as possible in growing their crops. Where the
soil was refractory they were unable, with their rude
implements, to get it into proper condition for plant-
ing. When the land became too hard to work easily
they would abandon it and go somewhere else. It
was their custom to scout the foot-hills for places
where the winter rains had washed down the rich
surface soil from the mountains, and here they would
repair with their families in early spring. Having
built their reviadas, or brush houses, they would plant
the soft, rich beds with corn, beans. Chilis, melons,
etc., and watch them during the summer, herding off
the wild cattle that roamed in droves over the plains.
As the crops matured they would gather them, hang-
ing the Chilis on long strings, like beads; the corn
would be husked, and the husks saved as wrappers
for cigarettes and tomales. It was feast-time with
them when the melons were ripe, and fandangoes fol-
lowed each other in rapid succession. When the
crops were all gathered the family would return to the
pueblo, and the following spring renew their prepara-
tions for their little crops, or milpitas, as they called
them. The margin of the hills northeast of San Jose
abounded in these rich, mellow spots, and from this
was derived the name given to the Milpitas rancho
and town. We have re-cited this custom only for the
purpose of strengthening the presumption that the
title to the suertes to the east of Market Street was
but temporary, and had lapsed or been abandoned
long prior to the American occupation. Knowing
the easy-going, indolent nature of the people, and
that the character of the soil in the immediate vicinity
80
PEN PICTURES FROM THE "GARDEN OF THE WORLD."
of the pueblo renders it particularly difficult to work
after a few years' irrigation, it is not forcing a conclu-
sion to suppose that they should abandon a field on
which their rude implements could make no impres-
sion, for the more fertile and tractable ground at the
foot of the mountains and elsewhere.
But with the Americans came the land speculators,
and, as the pueblo grew in importance and its lands
in value, suits were inaugurated to obtain possession
of some of the most valuable portions of the city
under the suerte title. None of them, however, were
successful, but they formed a chapter of the most im-
portant and sharpest litigation of the county. There
being no record of the original allotment of suertes,
their existence could only be proved by parol testi-
mony, and for this purpose the "oldest inhabitant"
was in constant demand. The few old landmarks
which we have mentioned were marshaled with all
the dignity due their antiquity, but neither these nor
the imperfect family traditions of the oldest poblanos
were sufficient to warrant a judgment in favor of the
claimants.
settlers' war.
The methods used by the Mexicans to measure and
mark out the boundaries of their grants were very
crude, and resulted in much inaccuracy. Many of
them, when surveyed out by the United States, shrank
or expanded their dimensions to the extent of many
hundreds of acres. Persons who had settled on what
was thought to be government land would, after som.e
years of labor, find themselves included within the
boundaries of a neighboring grant, and would be
compelled to lose their homes or purchase them
again of another owner. Some persons were com-
pelled to purchase their farms several times before
their title became assured. This caused great dissat-
isfaction among the settlers, and societies were formed
to meet adverse claimants, with force if necessary, to
prevent eviction.
These societies, though very determined in the ex-
pression 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
referred to occurred in 1861, and is thus recorded by
Mr. Hall : " The greatest excitement and demonstra-
tion 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 the town, had been confirmed to the
claimants thereof under the Chabolla title by the
United States courts. There were many settlers of
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 opinion that the
grant was a fraudulent one, notwithstanding the fact
that the land had been patented by the United States
in accordance with the decree of confirmation. The
advice which had been given the settlers was evi-
dently not that kind which had a tendency to better
them, or to cause them to view the matter in the
proper light. They were induced to expend money
in the way of lawyers' fees that was as useless as
throwing money in 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 judg-
ments rendered against them for possession of certain
tracts in the third judicial district of this State, in and
for the county of Santa Clara. Wm. Matthews, Esq.,
of counsel for plaintiff in those cases, caused writs of
execution for possession to be issued to the sheriff
of the county, that the plaintiff might have possession
in accordance with his judgments.
" The sheriff summoned a posse of six hundred men
to meet him at the court-house, to go with and to
aid him in executing the writ. When the posse as-
sembled at the court-house they were asked if they
were armed, to which they replied in the negative;
and being asked if they would arm themselves, like-
wise replied in the negative. As the posse would
render no assistance, they were dismissed by the
sheriff. About one o'clock P. M. 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 of the settlers'
leagues of the county and some from adjoining
counties were said to have been present. Toward
the close of the day they went to their respective
homes without doing any damage, save that of dis-
obeying the writ." When the excitement cooled off,
better councils prevailed, and the differences were
settled peaceably.
SURVEY OF THE CITY OF SAN JOSE — FIVE-HUNDRED-
ACRE LOTS.
Until 1847 there had not been much certainty as
to the location of, or titles to, lots in the pueblo or
PEN PICTUBES FROM THE "GARDEN OF THE WORLD."
81
town of San Jose. It seemed to have been taken for
granted that the laws regulating the establishment of
Mexican towns had been complied with, and that
those in possession had valid titles. Whether the
title was good or not, seemed to be a matter of little
consequence under the then existing condition of
affairs. There were no regularly laid-out streets.
The center of the town was the juzgado, or the plaza,
and the houses were scattered north and south on
irregular lines, with roadway between. This 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 foreigners became impressed with the
conviction that Alta California would be ceded to the
victors and a permanent government established.
Viewed in this light, the solares and the suertes of the
pueblo became of more importance, and an attempt
was made to settle the question of their ownership.
There was a well-authenticated record of the distri-
bution of lots by Lieutenant Moraga, at the first
location of the pueblo north of town ; but if any
distribution had been made when the pueblo was
relocated, there was no record showing it.
Early in 1847 the ayuntamiento and Alcalde directed
Mr. William Campbell to survey out a plat of land a
mile square, to be laid out in building lots. This,
assisted by his brother Thomas, he did, the tract so
surveyed lying between the following boundaries :
On the north by Julian Street, on the cast by Eighth
Street, south by Reed Street, and west by Market.
This tract was intended to exclude all questions of
title arising from suerte claims. Mr. John Burton,
who was then Alcalde, and had resided here twenty
years, stated that the result of his investigation was
that no suerte claims extended farther south than
Julian, except the Gongora claim, or further 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 N. 45° west,
magnetic variation 15° 22" east. The length of these
streets was five thousand six hundred and seven 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 persons claiming land
within the limits of this surve}', to present them to
him for investigation, and, if found valid, he would
II
issue them a new title. Burton, who was no lawyer,
seemed to possess a remarkably level head. Notwith-
standing 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 re-
served for a public square. This was named Wash-
ington Square, and is the present location of the State
Normal School.
The town having thus been located, its limits and
the boundaries of its blocks and lots defined, the set-
tlers from the States resolved to secure a partition of
the outside lands belonging to the pueblo. A meeting
was called, the proposition to make the survey into
lots of five hundred acres each was adopted, and J.
D. Hutton appointed to make the survey. This was
done in July of the same year. The lots were
numbered consecutively, and corresponding numbers
placed in a hat, of which each head of a family was
permitted to draw one, entitling him to choose a lot,
his choice being in the order of the numbers drawn,
z. e., 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 Al-
calde titles to the five-hundred-acre lots were after-
ward declared invalid by the Supreme Court.
In May, 1848, another survey of the town plot was
made, this time by C. S. Lyman. He was a practical
surveyor and possessed all the necessary implements
for practical work. By this survey the limits were
extended eastwardly to Eleventh Street. He en-
larged Washington Square to its present dimensions,
eleven hundred and sixty feet by one thousand and
five feet. He laid out St. James Square, which
is six hundred and ten by five hundred and fifty feet.
Market Square, the site of the new City Hall, he
fixed at eleven hundred and sixty by two hundred
and fifty-nine feet. Market, Santa Clara, and Fifth
Streets were made one hundred feet wide; all the
streets running north and south, except Fifth, were
made eighty feet wide. The system adopted in this
survey is the one now in use. San Fernando 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,
but as these are of comparatively recent date and are
fully shown by maps and plots in the city archives, a
description is unnecessary in these pages.
The tract of land lying west of Market Street and
along the Guadaloupe River, was used for cultivation,
and was not surveyed into town lots for several years
82
PEN PICTURES FROM THE "GARDEN OF THE WORLD."
after California was admitted into the Union. It was
held as suertes, and was watered by an acequia, or
ditch, leading from the Arroyo Tulares, or Canoas
Creek, south of town. This ditch, which has been
previously described, furnished water to the people
for some time after California became a State; but
gradually the foreigners acquired this land from the
Mexican grantees and streets were opened from time
to time, as the population increased. This fact will
explain the difference in the system of numbering
and naming as well as of the peculiarities of location
and construction of the streets in this locality.
BENCH AND BAR.
The Mexican laws provided for a judicial system
composed of what were called Courts of the First,
Second, and Third Instance. The first was an inferior
tribunal, and it was provided that there should be one
at each chief town in the district. The second heard
appeals from the first, and had also original jurisdiction
in certain cases. The third was exclusively an ap-
pellate court. Courts of Second and Third Instance,
which were to sit only at the capital of the depart-
ment, were never organized in the territory of Cali-
fornia, and Courts of First Instance had no existence
until after the American occupation, the first judges
being appointed in 1849 by the American authorities.
Prior to that time justice was administered in San Jose
by Alcaldes. The first American Alcalde was James
Stokes, who was appointed by Captain Fallon when
he deposed Dolores Pacheco, as is elsewhere related in
these pages. He was succeeded by John Burton, who
came to the pueblo about 1830. All kinds of disputes
were brought before him for settlement. The written
law was meager, but that made no difference. Anyone
who had a grievance took it to the Alcalde, who, after
investigation, applied the general principles of justice,
irrespective of law.
In December, 1846, Burton concluded that he would
divide his labors and responsibilities, and, accordingly,
appointed a committee of twelve to assist him in his
work. The persons selected were: Antonio Sunol,
Dolores Pacheco, Jose Fernandez, Jose Noriega, Felix
Buelna, Salvador Castro, William Fisher, Isaac Bran-
ham, Grove C. Cook, Mr. White, Captain Hanks, and
Guillermo Weekes. These gentlemen administered
justice for some time, and their decisions were as im-
plicitly obeyed as though they were a legally consti-
tuted tribunal. The Court of the First Instance was
organized in 1849, and held its last session March 30,
1850, when the County and District Courts were or-
ganized. The practice in the Court of the First In-
stance, and, in fact, for some time afterward, was what
might be called conglomerate.
There was no code of laws and no fixed penalties.
The lawyers were from different States, as were the
few law books that were in existence. On the trial of
a case, one lawyer would insist on its being considered
in the light of the statutes of Pennsylvania, while his
opponent would quote the New York code as the rule
which should govern. There were as many different
penalties for crime as there were States represented
in the law library of the pueblo. All this would have
had a tendency to confuse the court if he had not
had the good sense to reject all authorities and prec-
edents and use his own self-made law. Primitive as
the practice of the law was at that time, the adminis-
tration of justice seems to have been generally satis-
factory This cheerful acquiescence in the decisions
of Alcaldes and judges of First Instance might be due
to the fact that there was no appeal.
The first judge of the County Court was John W.
Redmon, a man whose vagaries will be remembered
as long as the " oldest inhabitant " survives. He came
from Missouri, had been a physician, and claimed to
have been present at the battle of New Orleans, where
he lost his foot. He was of a crabbed disposition,
rough in his language, and not inclined to soften his
remarks when expressing his opinions of members of
the Bar. He was once asked by the Bar to resign, but
refused in language more expressive than elegant.
He held the office until 1853, when he resigned, and
E. C. Allen was appointed for the unexpired term.
R. B. Buckner was chosen at the ensuing election,
and sat on the bench for four years. The administra-
tions of Judges Allen and Buckner were in great con-
trast to that of Judge Redmon, and the attorneys ex-
perienced great relief when they realized that they
could address the court without being greeted from
the bench with some sarcastic remark bordering on
insult. After Judge Buckner the judges of the County
Court were as follows : John H. Moore, from 1857 to
1861 ; Isaac N. Senter, from 1861 to 1867 ; Lawrence
Archer, from 1867 to July, 1871, when he resigned to
accept the Democratic nomination for Congress; R. I.
Barnett, appointed for the unexpired term of Judge
Archer; D. S. Payne, from 1871 to 1879. He was the
last County Judge, the judiciary system having been re-
modeled by the new Constitution of the State. The
Court of Sessions was an adjunct to the County Court,
having jurisdiction in criminal cases, except murder,
manslaughter, and arson. It was presided over by the
PEN PICTURES FROM THE "GARDEN OF THE WORLD."
83
County Judge, who called to his assistance two jus-
tices of the peace, who were selected by lot from
among those elected for the different townships. This
Court also had jurisdiction of county affairs, perform-
ing the duties now devolving upon the Board of Su-
pervisors. The Court of Sessions passed out of ex-
istence in 1855. In the organization of the District
Court the Third Judicial District was composed of the
counties of Contra Costa, Alameda, Santa Clara,
Santa Cruz, and Monterey, including the present
county of San Benito. John H. Watson, for whom
the town of Watsonville was afterwards named, was
the first judge. The first term of the District Court was
opened on the twenty-second day of April, 1850. The
first case tried was an action for foreclosure of mortgage
given to secure the payment of a promissory note for
$5,000, with interest at eight per cent per month!
The first indictment found in the county was against
Juan Higuera a/ias Toreto, and charged the defend-
ant with grand larceny in taking a horse belonging to
Joseph W. McClelland. This indictment was after-
wards quashed on motion of the district attorney.
The first grand jury was composed of the follow-
ing-named persons : Chas. White, foreman, James F.
Reed, William Campbell, David Dickey, William
Higgins, Geo. W. Bellamy, Jeptha Osborn, J. W.
McClelland, Arthur Shearer, C. Campbell, Lewis
Cory, W. G. Banden, James Murphy, R. M. May,
Jas. Appleton, Carolan Matthews, F. Lightston, W.
Hoover, C. Clayton, J. D. Curd.
The following is a list of the names, as far as they
can be ascertained, of the members of the early Bar
of Santa Clara County; among them are many who
have achieved State and national reputation: A. C.
Campbell, E. D. Baker, Rufus A. Lockwood, Edmund
Randolph, Geo. B. Tingley, James M. Jones, A. J.
Yates, C. T. Ryland, Simeon K. Gibson, John H.
Moore, R. B. Buckner, Wm. T. Wallace, Lawrence
Archer, F. H. Sandford, R. P. Clement, Wm. M. Staf-
ford, W. T. Gough, P. O. Minor, Julian Smart, Craven
P. Hester, J, M. Williams, F. S. McKinney, J. Alex.
Yoell, E. O. Crosby, H. M. Van Voorhies, O. H.
Allen, Frederic Hall, Wm. B. Almond, A. Redmon,
A. L. Rhodes, Wm. H. Ramsey, Wm. Matthews, D.
P. Belknap, Thomas White, H. P. Hastings, F. B.
Murdock, James White, Jos. R. Gitchell, Azariah
Martin, Chas. M. Fox, R A. Jones, Frs. E. Spencer,
S. O. Houghton, J. A. Moultrie, C. B. Yamgh, Alfred
Cowles.
The first court-house was the old juzgado, front-
ing the plaza, which at that time extended 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 building on the west side of First Street,
about opposite Fountain Alley. It occupied this
building until the latter part of 185 1, 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 Market and San
Antonio Streets, where it remained until that building
was burned down. It then went into temporary quar-
ters at the City Hall, then located on Lightston Street,
between El Dorado and Santa Clara; in the mean-
time the county 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 went into temporary 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 District Bench was occupied by Judge Watson
until 1 85 1, when he was succeeded by Craven P.
Hester, who presided until 1859. He was succeeded
by 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, to fill the
bench until the ensuing election. He was then
elected and presided over the court until the reorgani-
zation of the judicial system and establishment of our
present Superior Courts in 1880. Under the new sys-
tem, Santa Clara County was allowed two judges, and
at the election held in 1879 David Belden and
Francis E. Spencer were chosen. The great learning
and sound reasoning of these jurists gave the bench
of Santa Clara County a reputation second to none
in the Union. Many times have these learned judges
been called upon to preside at trials of important
cases elsewhere, and hardly ever is the calendar called
that it does not disclose some suit of magnitude sent
to them for adjudication from other counties. On
the opening of the Superior Court in 1880 a division
of the business was made and the rule then adopted
has been adhered to ever since. The court was di-
vided into two departments. Judge Belden taking
Department i, and Judge Spencer Department 2.
All criminal business was assigned to Department i,
and all probate and insolvency business to Department
2. The other cases were distributed alternately in
84
PEN PICTURES FROM THE "GARDEN OF THE WORLD."
the order of their numbers on the register, Department
1 taking the odd-numbered cases and Department
2 the even numbers. Judge Belden died May 14,
1888, and the vacancy was filled by the appoint-
ment of John Reynolds, a lawyer of many years'
practice both at this Bar and in San Francisco. It is
fitting that a sketch of the life and services of these
eminent jurists should be presented in this work.
David Belden was born at Newtown, Fairfield
County, Connecticut, August 14, 1832. He came of
old Puritan stock and inherited their fairness of char-
acter and untiring energy, with none of their intoler-
ance. Mr. Belden's father was a lawyer of consider-
able prominence in New England. The subject of
this sketch attended the public schools of his native
State, and laid the foundation of his education. He
learned all there was to learn in these institutions,
which, though noted for their efficiency, could scarcely
lead him to the door of the higher education he was to
achieve by his own unaided efforts, the completeness
of which excited the admiration of all who had the
good fortune of his acquaintance. On reaching his
majority in 1853, he came to California, stopping at
Marysville for two years, where he read law. He
went to Nevada City in 1855, and commenced the
practice of his profession. During his residence at
Nevada City, he also directed his attention toward
mining, but this was more for the purpose of practi-
cally studying the geologic character of the country
than for acquisition of the precious metals. For the
same reason he visited Virginia City, Nevada, and
made critical examination of the different silver-
bearing lodes of Mt. Davidson. Everything he did
seemed to be with the object of acquiring useful in-
formation, which, when once stored in his retentive
memory, was never lost. The knowledge thus gained
he bestowed with a lavish hand on those around him.
Many a miner whose heart had become sick with hope
deferred, has received hints from Judge Belden which
have enabled him to realize his golden anticipations;
and many a mechanic has received through him the
light by which he has been able to do perfect work.
No knowledge was so humble that he would not
stoop to pick it up, and none so lofty that he would
not climb to reach it. There seemed no limit to the
capacity of his mind for the acquisition of wisdom.
His powers of both analysis and synthesis were won-
derful, and however refractory might be the ore that
went into the laboratory of his brain, it came out
pure and shining metal. In 1859 he was elected
county judge, and occupied the bench four years.-
In 1865 he was selected by the people to represent
Nevada County in the State Senate. Here his
broad statesmanship and matchless eloquence won
new laurels and gave him a State-wide reputation.
At the expiration of his term as senator, he, together
with his wife, visited the Old World and traveled for
some months through Europe. In this tour he took
occasion to investigate, on the spot, many things of
which he had only read, and returned with much in-
formation added to his already large store of knowl-
edge. Art, science, horticulture, mechanism, road-
making, political economy, literature, architecture,
domestic economy, — he absorbed everything. Re-
turning from Europe he removed to San Jose, in
1869, and resumed the practice of the law. In 1871,
the Twentieth Judicial District was created, and he
was appointed its judge. In 1873 he was elected to
the same position by a practically unanimous vote.
The district then was composed of the counties of
Santa Clara, Santa Cruz, San Benito, and Monterey.
He held this position until the judiciary system of the
State was reorganized, when he was elected judge of
the Superior Court. He was re-elected in 1884, and
continued on the bench until his death, which occurred
May 14, 1888. While his wonderful learning excited
admiration, and his strict integrity induced respect, no
less did his warm and sympathetic nature command the
affection of all with whom he came in contact. He
was simple in his habits and unostentatious in his
appearance. Anyone could approach him and draw
at will on his great stores of knowledge, while neither
his heart nor his purse were closed to the tale of dis-
tress. He was eminently a progressive man and
ready to lend his valuable assistance to every enter-
prise for the benefit of the community. Many of our
proudest monuments owe their existence to the timely
and intelligent efforts of Judge Belden. The amount
of work he performed was enormous, and it was this
interminable labor without rest that finally accom-
plished his death. He possessed a robust frame, but
it was worn out by his still more vigorous mind. It
would be impossible to enumerate the many great
works which his assistance has rendered possible.
His handwriting is visible on every page of the his-
tory of the county since his name was enrolled as one
of its citizens. At his death the whole State mourned,
and at his obsequies all were present to pay tribute to
his memory. Business was suspended, the temple of
justice in which he had so long presided was draped
in mourning, and the people from all the walks of life
PEN PICTURES FROM THE ''GARDEN OF THE WORLD."
85
came forth with grieving hearts to place their floral
offerings on the tomb of their counselor and friend.
The remains were borne to their last resting-place by
his brothers in the profession, and the eulogy pro-
nounced by the Supreme Court of the State through
its chief justice, Searles. The whole people composed
the cortege and none were left who did not show
visible signs of the sorrow which filled their hearts.
Judge Belden was married, April 21, 1861, to Miss
Elizabeth C. Farrell, of New Jersey, a lady eminently
fitted to be the wife of such a man. Highly educated
and accomplished, but with strong domestic instincts,
she made for him a most congenial home. Possessed
of strong intelligence, she was able to render him val-
uable assistance in most of his work. She was his
support and consolation during his wedded life and his
true mourner after his death. She remains on the
homestead, and preserves it in the same condition in
which it was left by her husband.
Following are the resolutions adopted by the Bar
in respect to the memory of Judge Belden: —
Whereas, It has pleased the ever wise and merciful Author of
justice to remove from our midst and from the scene of his earthly
labors the Honorable David Belden, Judge of the Superior Court of
the County of Santa Clara and State of California; and,
Whereas, In his death, the judicial system of .Santa Clara County
has suffered its most sad and serious loss since its organization; and.
Whereas, The whole community of which Judge Belden was for
many years a useful and beloved member, unites with the Bar in sincere
grief about his bier; and,
Whereas, It is fitting that to the public record of his eminent serv-
ices as a judicial officer there should be appended the seal of a merited
recognition by the court over which he presided with dignity, learning,
and honor; be it therefore
Resolved, That, in the untimely death of the Hon. David Belden,
the Bench and Bar of Santa Clara County have lost a most able, reli-
able, just and respected member; the State of California a most use-
ful, illustrious, and conscientious jurist; the community a rare exam-
ple of true greatness and virtue; that, as a judge of the Twentieth
Judicial District of the State of California from 1S71 until 1880, and of
the Superior Court of Santa Clara County from iSSo to the date of his
death, he ever wore the stainless ermine of judicial integrity, displaying
in his opinions and rulings a quick perception of the principlesof justice,
and a deep and discriminating study of the precedents and precepts of
law applicable to every case, bearing himself always with a lofty impar-
tiality toward the parlies and the interests involved. In his administra-
tion of the penal statutes to offenders brought before his court he was ever
moved with earnest and untiring desire to temper the severity of the
sentence with that degree of mercy required by each individual case,
to foster and encourage every impulse toward virtue concealed in the
criminal's heart. In his bearing toward the Bar, he was distinguisheil
for the graceful and uniform courtesy accorded every member, and
especially noted for the kindly encouragement which constantly flowed
to the young men of the profession, qualities which won for him the
esteem and veneration of the former and the confidence and love of the
latter, — an esteem, veneration, confidence, and love which cease not at
his grave, but which will continue to make fragrant his memory
through the years to come. That as a citizen, sprung from the ranks of
the masses, and, rising through a life-time of labor, by native force of
character, to an eminence of distinguished usefulness, his career compels .
the admiration of all classes of society, and should especially excite the
young men of our coast to an imitation of the virtues of his public and
private life. In the shaping of public affairs his advice was always
easy of access, and ever found well-considered and wise. No member
of society was more sensitive to the pulsations of public opinion, or
more apt in appreciation of public needs. Never forward in the im-
pression of his personality upon the current of affairs, he was never
backward in meeting the emergencies of any occasion with a fortitude
born of his convictions of right. With broad intellectuality, with
brilliant literary ability, with incessant zeal, he investigated every prob-
lem of life and scattered his conclusions broadcast with a tongue of
silver and a pen of fire. That though his loss to the community is
lamented as a judge of transcendent ability and a citizen of distin-
guished usefulness, it is as a man among men that the death of
David Belden is most keenly felt and most sincerely deplored. The
friend, the brother, the counselor, the very model of all the social
virtues, he lived out with consistent purity his simple and noble exist-
ence, and is gone in answer to the morning call of immortality. Be-
side the unstained robes of his public service may be laid the equally
immaculate garments of his private life. To the widow of our de-
parted friend and brother, who, through the well-filled years of a
noble life has been the partner of his joys and griefs, the Bar of Santa
Clara County extends the comfort of the heart-felt sympathy of its
every member; in token whereof be it
Resolved, That as a body the Bar attend the funeral and sepulture
of her beloved companion. That, as a mark of respect to their late
occupant, the judicial chair and bench of Department No. I, of the
Superior Court of this county, be draped in mourning for the space of
twenty days. That these resolutions be offered before the Superior
Court of Santa Clara County, at the next sitting thereof, with the re-
quest that they be spread upon the minutes of said court; that a certi-
fied copy of the same, and the further action of the Court, be, by the
clerk thereof, transmitted to the widow and family of the deceased; and
that one publication of these resolutions be made upon the pages of the
public press.
, In making the order to spread these resolutions on
the minutes, and to transmit a copy to the widow.
Judge Spencer said: —
"Mv Brothers OF the Bar ofSan Jose: In the
removal by death of my honored associate, we, in com-
mon with his relatives and community at large, have
indeed suffered a great and irreparable loss. I can
but ill bring myself to the stern realization of the fact
that the relentless destroyer has taken from my side
one who for these eight years has been my co-laborer
in the delicate and arduous duties incident to the
office of judge of the Superior Court; one with whom
I have oft held instructive and pleasant consultations,
and with whom I have maintained most intimate and
cordial personal relations. I knew him well, and thus
knowing I can truly say that his virtues were many
and noble; his fauks few and insignificant. Indefati-
gable and conscientious in the attention to, and the
performance of, his judicial duties, he was stricken
while in the midst of his labors. With Spartan cour-
age and steadfast devotion to duty, inherited from his
PEN PICTURES FROM THE "GARDEN OF THE WORLD:
Puritan ancestors, for nearly three years did he battle
with death and stand by his post with unswerving
fortitude, attending to every duty of his office. To
the oft-repeated solicitation of friends to give himself
relaxation and rest, he has often responded from the
fullness of his convictions of duty, 'I would rather
wear out than rust out.' And most truly did he wear
out in the performance of his judicial duties, for not
until the overtaxed body and weakened vital organs
had broken out in open rebellion did he yield to the
inevitable, and was carried out of the temple of justice,
which he had adorned as district and superior judge
for sixteen years, to linger by the dark river until the
ferryman should come to transport him to a haven of
well-earned rest.
"Judge Belden was at the time of his death fifty-five
years and nine months of age, and had served with
distinction and honor in the several judicial positions
of county judge of Nevada County, district judge
of the Twentieth Judicial District, and superior judge
of this county for the collective period of twenty years.
"Not only was he an able expounder of the law, but
the citizens of his former mountain home had delighted
in sending him to the halls of legislation, where, as a
senator, he distinguished himself as an able law-maker
and a leader among his fellows.
" 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 treas-
ure of masterly eloquence. But it has never been my
fortune to find combined in any other person so many
rare and glowing qualities of heart, brain, and personal
accomplishments.
" As an orator it has been truly said of him that
'he spoke with a tongue of silver;' his command of
language was wonderful, 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 skip-
ping rank and file almost before he would.'
"As a jurist he had few superiors. Well grounded
in the elements of law, and conversant with the mass
of judicial precedents, he added that ready perception
of principles applicable to any given set of facts, and
that peculiarly incisive power of reasoning that make
the true lawyer.
"But his attainments by no means stopped with
those of his chosen profession. His researches in the
general domain of knowledge included almost every
branch of science, art, history, and political economy.
"Although not a specialist in any one department,
he was at home as well when gazing at the gems of
night, figuring their parallax and discussing the laws
of planetary motion, as when calculating the angle of
aperture of an object glass or studying the phenom-
ena of the border line of life exhibited in the amcebse.
"But as a judge did his fitting qualities shine forth
with undimmed luster.
"He was a just judge, a wise interpeter of the law
and evidence, and withal simple and unassuming in
manner, and sympathetic almost to a fault.
"He has passed from our midst forever. The chair
that he was wont to fill with so much dignity, honor,
and credit is now vacant. His robes of office have
been replaced by the winding sheet. We have laid
him away in his final resting-place, and have taken to
our hearts the solemn and instructive monition that
the sad lesson affords.
"A loving wife is mourning the loss of a loyal and
affectionate husband. The Bar of this county, and
the profession at large, lament the loss of a cherished
brother, and the county and State a valued citizen
and faithful public servant.
" But the memory of his virtues and noble qualities
we should ever keep green in our hearts, and it is em-
inently fitting that the resolutions now presented by
his brothers of the Bar should be inscribed upon the
pages of the records of the court which he has caused
to be kept so many years.
" Let the motion be granted, and an engrossed copy
of the resolutions be presented to the bereaved
family."
Hon. Francis E. Spencer was born at Ticonder-
oga, Essex County, New York, September 25, 1834.
During his infancy his parents removed to Saratoga,
and thence, in 1846, to Will County, Illinois. Here Mr.
Spencer attended the common schools, finally gradu-
ating at the academy at Joliet. In 1852, when the
subject of this sketch was eighteen years of age, he
removed with his parents to California, settling at
San Jose. Here Mr. Spencer went to work on a
farm, raising sheep and cattle, and general agricult-
ural work. In a short time, however, he abandoned
the hills and grain-fields, and commenced the study
of medicine. His father was an eminent physician,
and this fact influenced the son in the choice of a
profession. He soon, however, became dissatisfied
with his choice. His mind was eminently logical,
and would be content with nothing but exact results.
He would accept no proposition that could not be
PEN PICTURES FROM THE "GARDEN OF THE WORLD.'
87
reduced to a mathematical certainty. The exquisite
logic of the law suited him better, and he became a
student in the office of iVIessrs. Archer & Voorhies,
then a leading law firm of San Jose. He was a quiet
student, and attracted no particular attention until
he was examined for admission to the Bar of the
Supreme Court, in 1858, where he displayed such
thorough knowledge as to excite comment. In
1863 he was appointed city attorney for the city of
San Jose, and served as such for seventeen years.
Soon after his appointment as city attorney he was
made a member of the Board of Commissioners of
the Funded Debt. Here he made a record that es-
tablished his reputation for legal learning, and as a
man of great resources. He found that the San Jose
Land Company, popularly known as the " Forty
Thieves," claiming title to all of the pueblo lands by
virtue of a clause in the city charter, which they con-
strued as a confirmation of their claim, had secured a
decree of confirmation by the United States District
Court to the pueblo of a vast tract of land, as is more
particularly described in our chapter on land titles.
From this decree an appeal, prosecuted by certain
ranch owners, was pending in the United States
Supreme Court. If he resisted the claim of the
Land Company, or contested the appeal of the ranch
owners, his intelligence told him that, instead of many
thousand acres of land, the pueblo would get but a
very small tract. He resolved to aid the appeal and
fight the Land Company afterwards. He brought
about a compromise by which the pueblo secured the
whole tract, except that claimed by the ranch owners,
and then in a subsequent case defeated the claim of
the Land Company. Then by selling a portion of
the remaining land at the government price, the
commissioners were enabled to pay off the entire
debt of the city.
These two suits, so successfully conducted by Mr.
Spencer, not only relieved the city from indebtedness
of every character, but removed the last cloud from
the title of every foot of land within the limits of the
pueblo. As city attorney he watched with an untir-
ing vigilance over the interests of the city. He suc-
cessfully prosecuted the case of the city against the
bondsmen of the defaulting treasurer, Jasper E. Gunn,
and in other cases secured the city against loss. His
sound advice to the city officials secured the effective
and prompt administration of municipal affairs.
While studying law he had made hims. If familiar
with the Spanish language, the Spanish customs, and
the Spanish and Mexican laws affecting land grants
and titles, and on this subject he soon became an
authority. His opinion that there were no valid
suerte titles east of Market Street, in the new pueblo,
has been confirmed by the highest courts in many
cases. In the famous suerte suits of Toro versus
Beach, Beach versus Maldonado, and Luco versus
Hare, this opinion was fiercely attacked by some of
the best lawyers in the State, and fought out to the
last ditch, but was never seriously disturbed.
As attorney for defendants in the case of Hart
versus Chaboya et a/., Mr. Spencer succeeded in
establishing an important doctrine. As the law then
stood, upon the death of a wife her heirs inherited one-
half of the common property. Upon that statute
the heirs of Jesse B. Hart brought suit against a large
number of purchasers from the husband involving a
large tract of land on the Yerba Buena Rancho, in the
Evergreen District. He was successful in having the
Supreme Court hold that, although the descent was
cast upon her heirs for a moiety of the common prop-
erty, yet, as the husband had the control and dispo-
sition of the common property during coverture, he
had a right to wind up the estate after the death of
the wife, and that conveyances made by him in fur-
therance of that object were valid. This decision
saved the homes to a large number of farmers, and
established a rule that prevented a large amount of
litigation in favor of speculators.
In these important cases, coming as he did in con-
tact with many of the ablest lawyers of the nation,
Mr. Spencer won a reputation for legal ability that
commanded profound respect from the Bar every-
where, and his calendar contained important cases in
all the courts of the State. His services were in
especial demand in actions affecting the title to land,
and much of his time was occupied in responding to
calls from other counties. In fact, the permanent
settlement of land titles in California is due to the
efforts of Judge Spencer as much as to any other one
man.
As early as 1861 he was elected district attorney,
which office he held for two terms, refusing a nomi-
nation for the third. During his incumbency of this
office he did much valuable work for the county,
among which was the recovery of large sums of
money on forfeited bonds. In 1871 he was elected
a member of Assembly and was made chairman of
the judiciary committee of that body. It was during
this session that the legislation was had in regard to
the then new codes. Mr. Spencer's legal training
and clear mind enabled the committee to make its
88
PEN PICTURES FROM THE "GARDEN OF THE WORLD.'
reports promptly and clearly on the large amount of
business referred to it, the largest and most compli-
cated, perhaps, that has ever been met by any com-
mittee of the Legislature since the organization of
the State. How well this work was performed the
statute books show for themselves. During this ses-
sion, also, a desperate attempt was made to remove
the State Normal School from San Jose. He had
much to do in frustrating these efforts. When the
judicial system of the State was reorganized Mr.
Spencer was elected one of the superior judges for
Santa Clara, which position he has ever since held.
One very noticeable peculiarity of Mr. Spencer's work
as an attorney was the care with which he prepared
his cases for trial. No point was too insignificant to
be thoroughly investigated, and the law and authorities
thoroughly collated. His wide practice led him to the
study of many specialties, and thus no opposing expert
testimony found him unpi'epared. His critical knowl-
edge of anatomy, engineering, geology, metallurgy,
and mechanical appliances, with all the new theories
developed by the recent progress in the department
of microscopy and spectrum analysis, gave him high
standing in scientific circles. All this knowledge and
these habits of painstaking labor he carried with him
to the Bench. As his services as an attorney were
in demand throughout the State, so it has continued
since he donned the ermine. At the request of local
judges he has presided at the trial of important cases
in many different counties. In San Bernardino County
he tried the great case of Stockman et a/., versus Riv-
erside Land and Irrigation Company, involving the
lands and the canal system of the famous Riverside
Colony. He presided at the trial of Huse et al., versus
Den et al., in which vast landed interests in Santa
Barbara County were at stake. Also in important
contested election cases in Sacramento. Also in the
great mining case o/ White versus Merrill et al., in
Department i of the Superior Court of San Fran-
cisco. Besides his great learning and sound judg-
ment, two other qualities stand out prominently in
Judge Spencer's administration of justice, i. e., the
firmness and dignity with which the affairs of his tri-
bunal were conducted, and the uniform courtesy which
was extended from the Bench to the Bar, and to all
others who appeared in his court. Outside of his
profession, also, Judge Spencer has ever been a pro-
gressive citizen, liberally subscribing to all enterprises
having in view the moral, educational, or material
advancement of the community. He was selected as
one of the Board of Trustees of the great Leland
Stanford, Jr., University, which, being an institution
devoted to practical education, cannot but recei\e
great benefit from Judge Spencer's learning and
experience.
Hon. John Reynolds, one of the superior judges
of Santa Clara County, has been a member of the
Bar of California for the past thirty-five years, and a
resident of San Jose since 1871. He was born in
Bedford, Westchester County, New York, on Feb-
ruary 20, 1825, and received his education at the
Union Academy, of that town, conducted by his
brother, Alexander G. Reynolds. Hon. W. H. Rob-
ertson, afterwards county judge of that county, and,
later, member of Congress and collector of the port
of New York, received his education with him at the
same school, each going from it at about the same
time to study his chosen profession. He studied law
at Sing Sing, New York, in the ofifice of his brother,
S. F. Reynolds, afterwards judge of the Fourth Dis-
trict Court of San Francisco. Admitted to the Bar
by the Supreme Court of the State of New York, he
commenced the practice of law in his brother's ofifice,
and there continued for one year. Coming to Cali-
fornia in the fall of 1853, he was admitted to practice
by the Supreme Court of California in that year,
opening an office in San Francisco, where he con-
tinued until the fall of 1871. He then removed to
San Jose, engaging in the practice in Santa Clara
County, where he has since continued. He was a
member of the first Republican State Convention, in
1856, chairman of the Republican County Committee
in San Francisco during the presidential election of
1864, in which campaign he devoted his time ex-
clusively, for seven weeks preceding the second elec-
tion of Mr. Lincoln, to his duties as chairman of the
County Committee; has always been interested in
political matters, although never an active politician.
He was married in 1S55 to Miss Emily Marshall, of
Sing Sing, New York.
Judge Reynolds was lately elected one of the fif-
teen freeholders to frame a new charter for the city
of San Jose. This position he resigned to -accept the
judgeship of the Superior Court, to which he has
lately been appointed, succeeding in that position the
late Hon. David Belden. At the establishment of
the Free Public Library, he was appointed one of its
trustees, and continued to hold that ofifice until as-
suming the duties of superior judge. He was elected
a member of Assembly in 1880, and was a member
of that body during the memorable session of the
PEN PICTURES FROM THE "GARDEN OF THE WORLD."
89
Legislature of 1881. On account of certain combi-
nations with which he did not sympathize, and which
resulted in the defeat of the Apportionment Bill, he
was not placed at the head of the Judiciary Com-
mittee; but it is well known that no constitutional
question arose in the committee, or the House, that
he was not consulted, and in but one instance was
his opinion disregarded, and in that case his vote is
found recorded in accordance with a subsequent de-
cision of the United States Circuit Court. Judge
Reynolds' practice as an attorney at the Bar of Santa
Clara County has been in some of the most important
suits instituted within this jurisdiction. Actions in-
volving titles to lands have been his specialty, and in
these his careful practice and thorough research have
been often commented on. The most important and
complicated partition suit ever had in this county,
and, perhaps, on the coast, was begun and managed
by him to the end, with no error in the slightest de-
tail. This was the partition of Las Animas Rancho,
covering the city of Gilroy and many thousand acres
of outside lands, and in which there were several very
hotly contested controversies, involving about one-
eighth of the whole rancho, and which occupied the
court weeks in trying. There were about two thou-
sand parties to the record in this action, which was
pending for several years. The careful, methodical,
painstaking character of Judge Reynolds, together
with his learning and knowledge of the law, acquired
by nearly forty years' study and practice, eminently
fitted him to receive the appointment to the Bench,
which he now holds. Among the lawyers now prom-
inent at the Bar of Santa Clara County, are the fol-
lowing, of whom we present brief personal sketches: —
Hon. Sherman Otis Houghton.— The names
of few among the pioneers of California are more
favorably known, or have been more closely iden-
tified with the best progress of the State, than that
of Hon. S. O. Houghton. Born April 10, 1828, in
New York city, he enlisted, when but eighteen years
of age, and still at school, in Company A, First New
York Volunteer Infantry, and on March 26, 1847,
arrived in San Francisco, after a voyage " round the
Horn," to see service in the Mexican War. A part
of the regiment, including his company, was detailed
to Santa Barbara, but in a short time were sent to
the seat of war, the force numbering one hundred and
five, all told, under the command of Lieut. Col. Henry
S. Burton. On arriving in Mexico they took up a
position commanding the town of La Paz, where they
occupied a church and other buildings. They forti-
fied the position, and successfully held their own
against the most strenuous exertions of the enemy
for several weeks, until relief came, when they took
the offensive, meeting with signal success, and capt-
uring the commander of the Mexican forces. Mr.
Houghton was regularly promoted for merit from the
ranks, to sergeant-major, lieutenant, and adjutant
of the command. In September, 1848, he returned
to Monterey, and, with six of his brother officers, pur-
chased an outfit and went to the mines, meeting with
some success. In the spring the company separated,
Mr. Houghton coming to San Jose in March, 1849.
He then purchased oxen and wagons, proceeded to
Stockton, and established a trading-post at Sullivan's
Creek, running a pack-train between that point and
the camps about Sonora. After this Mr. Houghton
purchased in Stockton a stock of goods, intending to
spend the winter in the mountains trading. The
rains came on, however, the goods could not be moved,
and had to be sacrificed With a Mr. Peasley he
then engaged in the cattle business at San Jose, the
speculation paying badly on account of the deprecia-
tion in value of the scrip issued by the State at that
time. In 1852 Mr. Houghton assisted in taking the
census in Santa Clara County; in the same year he
was appointed deputy county recorder. In 1854 he
was elected to the common council of the city, and
chosen its president; in 1855 was elected mayor of
the city, holding office until 1856. In 1871 he was
elected a member of the Forty-second Congress, and
re-elected in the following year to the Forty-third
Congress, Mr. Houghton being a Republican in poli-
tics, and a consistent member of the party. From
1852 till 1856 he read law during his leisure moments,
and in the latter year entered the law office of W. T.
Wallace and C. T. Ryland. In i860 Mr. Ryland
withdrew from the connection, when Mr. Houghton
formed a partnership with Judge Wallace, which con-
tinued till the latter's removal to San Francisco, in
1864. Mr. Houghton has been a prominent member
of the Bar of San Jose, having a very large practice,
especially in the settlements of the old Spanish es-
tates and the unraveling of their intricate titles. In
1886 he removed to Los Angeles, which city he has
since made his home, though he still retains his large
real estate and other interests in this valley.
On August 23, 1859, Mr. Houghton married Miss
Mary M. Donner. She died on the 21st of July fol-
lowing, leaving one child, Mary M., who was born
June 7, i860. On October 10, iS6i,he married Eliza
90
PEN PICTURES FROM THE "GARDEN OF THE WORLD:
P. Donner, the third and youngest daughter of George
and Tamsen Donner, who was born March 8, 1843-
She left Springfield, Sangamon County, Illinois, with
her parents early in the year 1846, and is one of the
survivors of the ill-fated Donner party, whose terrible
fate is one of the most melancholy in the early annals
of California. Mr. Houghton is one of the leading
citizens of this State, a gentleman honored and es-
teemed by all, and a sturdy specimen of the fine pio-
neers of California.
Hon. Joseph A. Moultrie was bom in Franklin,
Missouri, in 1827. He received his early education
there and in Madison County. After reading law for
a time in the office of W. V. M. Bay he enlisted in the
United States Army, to serve during the Mexican
War. His regiment was the First Missouri Cavalry,
better known as the famous "Doniphan's Regiment."
His company was mustered in at Fort Leavenworth,
with John D. Stephenson as captain. The regiment
was attached to the "Army of the West," Gen. S. W.
Kearney commanding. The command left Fort
Leavenworth June 27, 1846, and marched across the
plains to Santa Fe. The operations of Doniphan's
Regiment make one of the most interesting and
thrilling chapters in the history of the Mexican War.
After the occupation of what is now known as New
Mexico, two companies of the regiment, Mr. Moultrie's
company being one of them, were detailed to go out,
under the guidance of Col. Joe Walker, the famous
Indian fighter, to treat with the Navajo Indians.
Mr. Moultrie participated in all the battles and skirm-
ishes in which his regiment was engaged, including
the battle of Sacramento, near Chihuahua. He was
one of the fourteen men who volunteered for the
perilous duty of carrying dispatches to Gen. Wool, at
Buena Vista. The distance was about five hundred
miles, through a rough country, infested with hostile
Mexicans. The perils and hardships which this ex-
pedition encountered and overcame would fill a book.
The enterprise, though looked upon as a forlorn
hope, was successful. Mr. Moultrie was mustered
out of service, with his company, at New Orleans, in
the latter part of June, 1847. He returned to Mis-
souri, where he remained two years, and again started
for the Pacific Coast. He arrived at Santa Fe in
1849, where he stayed until January, 1850. With two
companions, he continued his journey to California.
At San Diego they separated, and Mr. Moultrie, se-
curmg a mule, rode to San Jose, which he reached in
June of the same year, the journey from Santa Fe
occupying six months. He went to the mines, but
was unsuccessful and returned to San Jose in 1852.
He secured five hundred acres of land near Menlo
Park, which he farmed for one year, and then accepted
an appointment as deputy sheriff of Santa Clara
County. While occupying this position he resumed
the study of law under the instruction of Judge
Archer. Later, he entered the law office of W. T. Wal-
lace, and when the latter was elected attorney -general
in 185s, Mr. Moultrie became his deputy, serving in
that capacity for two years. He was elected district
attorney for Santa Clara County, which office he held
two years. In 1861 Mr. Moultrie took an active part
in the organization of Mono County, and was ap-
pointed its first county judge. At the election two
years later he was elected to the same position for a
term of four years. He resigned before the expira-
tion of his term, and again went to the mines, and was
again unsuccessful. He then resumed his law prac-
tice in San Jose, which he has continued ever
since. Judge Moultrie has conducted some of the
most important cases, both civil and criminal, which
have been tried at this Bar, but has devoted most of
his attention to cases involving the title to real estate.
He is a popular and respected citizen, as well as a
prominent member of the Bar. He is a Democrat in
politics, and was chosen a delegate to the National
Convention that nominated Samuel J. Tilden as
President of the United States.
Judge Lawrence Archer, attorney-at-law, rooms
I, 2, and 3 Archer Building, corner of First and Santa
Clara Streets, San Jose, has been prominently identi-
fied with the legal profession and the material and
political interests of San Jose since 1853, and a resi-
dent of California since 1852, in which year he crossed
the plains from St. Joseph, Missouri, not so much for
the golden attractions presented then by California as
the promise held out of a restored health, the latter
having been undermined by the malaria of Yazoo
County, Mississippi, and not much improved by a resi-
dence on the banks of the Missouri. A native of South
Carolina, where he was born, in the Anderson district
(now Anderson County) in 1820, he there received his
primary education, after which he attended the Uni-
versity of Virginia, and later studied law in the
office of Armisted Burt, a prominent attorney of
Abbeville, South Carolina. These educational ad-
vantages were largely paid for by his own earnings,
his father, who had been a merchant and planter of
South Carolina, having met with financial reverses
PEN PICTURES FROM THE ''GARDEN OF THE WORLD."
91
while the subject of this sketch was yet a lad, throw-
ing the latter on his own resources at an early age.
His parents were John and Ann (Mosely) Archer,
both natives of Virginia. Removing to Yazoo County,
Mississippi, in 1841 he was admitted by the Su-
preme Court of the State of Mississippi to the prac-
tice of law, which he followed in Yazoo County two
years. The malarial fevers of that region making a
change of climate necessary, he removed to St. Joseph,
Missouri, making the trip by steamboat the greater
part of the way, then by stage, and finally, owing to an
accident, the latter part of the way on foot. He
practiced law in that city with success, remaining
there for eight years, and finally resigned the office of
district attorney, to which he had been elected three
years previously, to come to California in search of
health, which seemed impossible to regain elsewhere.
He settled in Sacramento, where he remained until
after the great fire of 1852, then removed to San
Francisco, where he remained a short time, finally
settling, in January, 1853, in San Jose, where he has
remained permanently since that time, and where he
has since devoted himself to the practice of his pro-
fession.
In 1867 he was elected county judge, holding that
position until August, 1871, when he resigned that
for the session of 1875-76. He was made chairman
of the Committee on Corporations, which, on account
of the part taken by the railroads in the politics of the
State, was the most important committee in the
House. As chairman of that committee he prepared
a bill to regulate fares and freights, which became
famous as the "Archer Bill." Up to this time the
people had been industriously educated to the im-
pression that no one who had not served for years in
the transportation business could intelligently act in
this matter. Judge Archer demonstrated that there
was one man at least who could grasp and solve the
problem.
The bill was defeated in the Senate, but the agita-
tion arising from it resulted later in the passage of
the "Railroad Commission Bill." In 1864 he re-
moved with his family to New York, remaining there
for eighteen months, during which time he did not
enter into the practice of his profession or any busi-
ness engagements. He returned to his California
office to enter the campaign as a nominee for Con-
gress from this district, which at that time included
San Francisco and the entire southern portion of the
State. Judge Archer has twice been elected mayor of
San Jose, the first time in 1857 and again in 1877, '"
neither case elected as a representative of either of the
great political parties, but as a candidate of the better
elements of both parties, the last time opposing the
nominee of the so-called Workingmen's party. He
also served one term in the State Legislature in 1866.
He was married in Missouri, in 1848, to Miss Louise
Martin of St. Joseph. This lady died in 1869, leaving
one child, Louise, now the wife of M. J. Flavin, a
merchant of San Francisco. He was married in 1870
to Miss Alice B. Bethell, a native of Indiana, at that
time on a visit to relatives in California. There have
been born to them two children: Lawrence, born in
1 87 1, and Leo, born in 1874. Lawrence is now attend-
ing the Santa Clara College, and Leo attending the
public schools of San Jose.
Judge Archer has 160 acres, in the southeast cor-
ner of San Jose, where he resides, and on which he
has an orchard of thirty acres, planted in cherries,
apricots, and prunes. This place he has owned since
1 86 1, and has devoted it to farming and fruit raising.
The Judge took great pride in his cherry orchard,
which consisted of four acres, from which the income
averaged about $3,000 per year. He was the first
fruit-grower in Santa Clara County to utilize the
labor of women and children in his orchard, thus giv-
ing desirable employment to a large number of deserv-
ing people. Judge Archer foresaw the future prosper-
ity of San Jose when he first settled here, and has done
much to develop the resources of the county. He
purchased largely of real estate, and the fact that he
could always procure what money he wanted with no
other security than his word, indicates the estimation
in which he was held by the community. He was al-
ways foremost in improvements; he built the first
prominent brick building on First Street, and always
kept in advance of the first rank of progress. Dur-
ing all the heated political campaigns in which he has
taken a prominent part, not one word has ever been
spoken reflecting on his ability or integrity.
Hon. Joseph S. Wallis, of Mayfield, has been
associated with the Bar of Santa Clara County for
upward of thirty years; and while most of his con-
temporaries of the '50's have passed away or retired
from the active practice of the law, he stands to-day
among the most active and able men in the ranks of the
profession. Judge Wallis is a native of Massachusetts,
born at Salem, on the twenty-fourth of October, 1825.
The Wallis family was established in this country
generations back, when the brothers, Aaron and
Joseph Wallis,' came from England, among the early
92
PEN PICTURES FROM THE "GARDEN OF THE WORLD."
settlers of the old colony of Massachusetts. His
father, Joseph Hutchinson, was a merchant, and con-
ducted a large furniture business. His mother's
maiden name was Sarah D. Hutchinson. She was also
of English ancestry, and sprang from the Governor
Hutchinson family, of Massachusetts.
The subject was reared at Salem, and received his
scholastic training there at the English High School
and Latin Grammar School, where young men were
prepared for college. His eagerness to advance, his
progress and standing in his classes, caused the break-
down of his health from overstudy, so that he was com-
pelled to withdraw from school. At the breaking out
of the California gold excitement, he decided to go to
the new El Dorado, thinking thereby to regain his
health and perhaps to eventually associate himself
with the profession he had already been making prep-
arations to enter — the law.
Going to Boston, he took passage, January 24, 1849,
on the ship Capital, bound for California. Stops were
made at Rio de Janeiro and at Valparaiso; storms
were encountered off Cape Horn and elsewhere, and
when they came into the harbor of San Francisco, it
was the nineteenth of July. Mr. Wallis, who was at
the head of the party which had come out on the Cap-
ital, took his company as far as Sacramento, where they
disbanded, and a few of them accompanied him into
the Middle Yuba River country, where they opened up
the early mines in that vicinity. In December, 1850,
he returned to San Francisco, and there engaged in
clerking. In 1852 he resumed the reading of law, in
the office of William H. Rhodes. He was admitted
to the Bar at Sacramento, before the Supreme Court
of California, on the fifteenth of August, 1855, though
he had previously assisted Mr. Rhodes in his practice.
He was associated with that noted lawyer until the
fall of 1857.
On the seventh of November of that year, he came
to Santa Clara County, and, locating at Mayfield, has
ever since been a citizen of that place. In 1859 and
i860 he was associate judge with John Moore, in the
Court of Sessions of Santa Clara County, and in 1862
was chosen by the electors of this district to a seat in
the Senate of California, serving in the sessions of that
year and 1863. His legal standing commanded a po-
sition for him on the important Committee un Judi-
ciary, of which he was one of the earnest working
members. The arduous duties thus entailed allowed
little time for other committee work, though he also
assisted in the labors of the Engrossment and other
committees. On the eighteenth of February, 1870,
he was admitted to the Bar of the Supreme Court of
the United States.
He was married July 25, 1854, to Miss Sarah
Green, a native of Ohio. She came to California in
1844, with the Martin Murphy party, which is treated
of in extended mention elsewhere in this volume.
She owned the land where Sutter built his mill, and
it was on property of which she had been the former
possessor that gold was discovered in 1846. Mr. and
Mrs. Wallis were the parents of five children, viz.:
Talbot H., State Librarian at Sacramento; Eva (Hess),
of San Jose ; Josephine (Ingalls), of San Jose ; William
A., who is in the employ of the Southern Pacific Rail-
road, and resides at Oakland; and Joseph, who died at
the age of twenty-three years, at Sacramento, where he
was a practicing lawyer.
Judge Wallis has always taken an active interest in
public affairs — local, State, and national. He has the
honor of having been a member of the Free-soil
Convention that nominated Van Buren and Adams.
R. B. BUCKNER, the subject of this sketch, was born
in Winchester, Clark County, Kentucky, in 1822.
He received his education at Centre College, Danville,
Kentucky, and at the age of nineteen years he joined
his parents in Missouri, where they had gone several
years previous, leaving him attending school, and
bought a farm in Jackson County. His father resided
on this farm until his death, which occurred in 1854.
The judge engaged in school-teaching in Missouri,
close to the Kansas line, until the breaking out of the
Mexican War, when in 1846 he enlisted in the First
Regiment of Missouri Volunteers, Colonel A. W.
Doniphan commanding. The regiment marched to
Santa Fe, which was then in Mexican territory, where,
the Navajo Indians being troublesome. Judge Buck-
ner's and another company of soldiers were sent out
to quell them, which they did, making a treaty of
peace with them; and then, continuing their march,
they passed through the country of the Zunis and
Laguna tribes, and joined their regiment at Socorro,
on the Rio Grande, and marched on into Mexico. On
Christmas-day of that year they met the Mexican
troops in the battle of Brazito. The enemy having
twelve hundred cavalry, a regiment of infantry, and a
small piece of artillery, his own regiment consisting
of but eight hundred men, a battery of six guns, and
fifty cavalry, the chances were decidedly against
them; but, notwithstanding that fact, they were victo-
rious, as they were also at the battle of Sacramento,
fought later. They entered the city of Chihuahua,
PEN PICTURES FROM THE "GARDEN OF THE WORLD.'
93
Mexico, March 2, 1847, the principal battles having
been fought before their regiment reached there.
On the twenty-seventh of the following April they
were ordered to General Taylor's headquarters at
Monterey, which they reached in June; there they
were ordered to New Orleans for muster. Sailing from
Point Isabel they reached that city the fifteenth day
of June, 1847; immediately on their arrival they were
mustered out of the service, and the judge returned to
his home in Missouri, where he spent the winter.
In the spring of 1848 he made a trip into Mexico for
the purpose of trading. On his return, at Santa Fe,
he heard of the discovery of gold in California, and,
hastening home, began preparations for a trip to the
land of gold.
In the spring of May, 1849, he started, with the cel-
ebrated " Hudspeth Train," consisting of sixty-four
wagons with ox-teams. They had the usual experi-
ence of parties crossing the plains in that early day,
and reached the Sacramento River at Lassens, on the
tenth day of October, 1849. The judge came imme-
diately to San Jose, but the gold fever being upon him
he left for the mines soon after, and in two months
returned to this city completely cured. He then en-
gaged as clerk for various firms in the mercantile bus-
iness, which occupation he only followed a short time.
Having studied law while he taught school in Missouri,
he concluded to put his knowledge into practice, and
accordingly opened an office with Judge Bowdon, of
Santa Clara. In 1853 he was elected judge of Santa
Clara County, which office he held for three years,
when he was elected mayor of San Jose, and filled that
position one year. For the past eleven years Judge
Buckner has been the policejustice, now including the
office of city justice of San Jose. When not engaged
in public office he has continued the practice of law
to this date.
In 1854 he was united in marriage to Miss Louisa
McCabe, a native of Washington County, Missouri,
who came with her parents, P. T. McCabe and Martha
(Davidson) McCabe, across the plains to this State in
1849. Her father, who, at the ripe old age of eighty-
five years, still lives, was sheriff of Santa Clara Count)
in the years 1854-56. Judge Buckner and his wife
have an adopted daughter and a niece. Miss Fannie
Montgomery, who has lived with them all her life; she
is at present an employe of the post-office in San Jose.
The judge is a member of San Jose Lodge, No. 10,
F. and A. M., and of the Mexican War Veteran As-
sociation of San Jose, and supports the Democratic
party.
S. F. Leib came to this country in 1869, settling in
San Jose. Mr. Leib was born in Fairfield County,
Ohio, in 1848, his father, Joseph Leib, having re-
moved thither from Pennsylvania, with his parents,
in 1806, when but seven years of age. At this very
early date in the history of Ohio the Indians had but
recently held almost unlimited possession, and an old
Indian trail ran through the Leib farm.
Joseph Leib's wife was Clarissa Allen, a native of
Ohio, her father having come there from Vermont
at a very early date. Here in Fairfield County they
lived their entire married lives, and here they died —
Joseph Leib in 1880, his wife in 1863. There were
born to them three sons: L. H. Leib, who was killed
at Bolivar, Tennessee, in 1862, while leading his com-
pany into action; Joseph Leib, now living in Illinois,
and S. F., the subject of this sketch.
Mr. Leib, with his brothers, attended the public
schools of their native section until he commenced
the study of law at Ann Arbor, Michigan, from which
institution he graduated in 1869. He relieved the
monotony of school life, however, by enlisting in
Company E, 159th Ohio Infantry, in the spring of
1864, at the age of sixteen, but was mustered out of
service the same year.
Since coming to California Mr. Leib has been not
only a successful practitioner of the law, but fortunate
in business ventures, and his lovely home on the beau-
tiful Alameda is remarked by everyone who passes it.
Here, after the business day is ended, he is received
by wife and children into that true home peace and
enjoyment which is worth the heaviest toil to win;
and here he expects to make his future home. Be-
side his city home, Mr. Leib owns one hundred and
ten acres in the Capertino district, eight miles from
San Jose, on the Stevens Creek road, which he has
all planted in French prune trees, seventy acres of
which are in full bearing. Mr. Leib varies the rou-
tine of law practice by experimental horticulture, in
the success of which he finds much pleasure. He
handles all his own prunes — drying them in the sun
— and has already established for them a wide repu-
tation on account of the thorough manner in which
the drying and packing processes are accomplished.
Mr. Leib is a member of John A. Dix Post, No.
42, San Jose, G. A. R.
D. W. Herrington.— This gentleman, one of the
early pioneers of Santa Clara County, is a native of
Indiana, born near Paris, Jennings County, December
23, 1826. Mr. Herrington left the paternal home at
94
PEN PICTURES FROM THE "GARDEN OF THE WORLD."
the age of thirteen, removing to Madison, Indiana,
where he worked at his trade, carpenter and joiner,
until the age of nineteen. He had the misfortune to
lose the use of his right arm at this age, and was
compelled to give up his trade. He immediately en-
tered the Asbury University at Greencastle, Indiana,
where he remained the greater part of four years.
On the thirteenth of March, 1850, he left school and
started, with an ox-team, from Greencastle for Cali-
fornia, arriving at Placerville on the tenth day of Au-
gust of the same year. During the first six months
in California he worked in the gold mines, after which
he went to Sacramento, living there and at Sutter-
ville from May, 1S51, until December, 1853. At this
time impaired health compelled him to make a change,
and he started for Los Angeles, but, on reaching Santa
Clara, in January, 1854, decided to remain for a time,
and has been at this place and in San Jose ever since.
From 1855 to 1861 Mr. Herrington followed the
occupation of teaching, when he took up the study of
law. He was admitted to the Bar in 1862, and has
been engaged in the practice of law ever since. He
was a member of the State Legislature in 1863; was
elected district attorney in 1865, holding this office
until 1867, and was a member of the Constitutional
Convention of 1878-79, which formed the present
Constitution of California.
In 1858 Mr. Herrington married, in Santa Clara,
Miss Mary Harriet Hazelton, a native of Ohio, who
had removed with her parents, Hiram and Martha E.
Hazelton, at an early age, to Michigan, coming thence
to California in 1852. From this marriage there are
six children: Irving, justice of the peace and real estate
agent in Santa Clara; Rachel, now a teacher in the
Santa Clara public schools, having graduated from
the State Normal School in 1883; Leona, wife of The-
odore Worth, of Bradley, Monterey County; Clarence,
now studying law in his father's office in the city of
San Jose; Howard, now engaged in the painting bus-
iness in Los Angeles County, and Bertram A., now
teaching in the public schools at San Miguel, having
graduated from the State Normal School in 1887.
Mr. Herrington is a member of the Masonic Order,
and also of Santa Clara Lodge, No. 52, I. O. O. F
He has been city attorney of San Jose since 1879.
In politics he is a Republican, having belonged to
that party since 1861.
The parents of Mr. Herrington were Joseph and
Rachel (Davis) Herrington. His father was a native
of Maryland, removing, when an infant, with his par-
ents to Pennsylvania, and later to Indiana, where he
died in 1859. His mother was a native of Tennessee.
She died in 1861, aged sixty-nine years. Both par-
ents are buried at Paris, Jennings County, Indiana.
Charles D. Wright is one of the prominent
members of the Bar of Santa Clara County, of which
he has been a practiciihg member for more than fif-
teen years. Mr. Wright is a son of the Empire State,
born in Watertown, Jefferson County, New York.
His early education was obtained in his native State,
and when fifteen years of age he came to the Pacific
Coast and to Santa Clara County. In 1865 he entered
the law office of Hon. S. O. Houghton as a student,
and was admitted to the Bar in 1868. He has en-
joyed a very large and lucrative law practice. Mr.
Wright has always been a pronounced Republican in
his political affiliations, and, possessing the courage of
his convictions, he has taken an active part as a local
political leader, for which he is well fitted because of
his superior judgment of human nature, and his rare
tact and executive ability in controlling and directing
men. His candor and integrity of character inspire
confidence, and he has proved a successful fighter of
political battles. He managed the campaigns which
elected his former preceptor, Mr. Houghton, to the
United States Congress. His efforts in politics have,
however, all been in behalf of his friends,as he has never
been a candidate, nor sought office for himself As
a lawyer Mr. Wright excels in his clear conceptions
of a cause, and such a logical presentation of the facts
as carries conviction with his argument in the minds
of the jury and the court. He has practiced chiefly
in the civil courts.
In 1885 the subject of this memoir married Miss
MoUie Murphy, born in Santa Clara County, and a
daughter of John M. and Virginia Reed Murphy.
Her father was one of the famous Murphy expedition,
whose perilous experiences are narrated at length in
this work, and her mother was one of the Donner
party, whose terrible trials and sufferings are also
given in detail elsewhere in this volume.
John C. Black, attorney at law, whose law offices
are at rooms 18 and 19 Knox Block, and resi-
dence at No. 322 North Third Street, San Jose, is a
native of Butler County, Pennsylvania, where he was
born in 1834. He there received his early education,
attending later Alleghany College at Meadville, Penn-
sylvania, of which Bishop Kingsley was then a pro-
fessor. In 1855 he left college to come to California,
arriving at San Francisco by the Panama route in
PEN PICTURES FROM THE "GARDEN OF THE WORLD."
95
March of that year, at once proceeding to Jackson,
Amador County, where he engaged in mining for two
years. Deciding on a more permanent direction for
his energies, he came to the Santa Clara Valley, where
he devoted himself for several years to teaching
school and studying law.
Being admitted to the Bar by the Supreme Court
in Januaiy, 1863, he removed to Yuba County, where
he engaged in the practice of law. He filled the office of
assistant district attorney in Marysville during 1863
and 1864, and then removed to San Jose, where he has
continued the practice of law since that time, filling the
office of notary public in 1867 and 1868. Was
elected district attorney in 1871, holding the office
until March, 1874. He was married in 1868 to Miss
Marian J. Millard, a native of Iowa, who came to Cali-
fornia with her parents in her early childhood, in 1853.
They have six children: Clara N., now attending the
Normal School; John N., attending the University of
the Pacific; Walter R., Edmund, James G., the three
latter attending the public schools of San Jose, and
an infant now one year old.
Mr. Black's parents were James and Nancy A.
(Russell) Black, natives of Pennsylvania, where they
lived until 1874, when they removed to California, and
have since resided in San Jose. They had five sons
in the Union army during the late war, all coming
out alive, although several were badly wounded. The
subject of this sketch is a member of Garden City
Lodge, I. O. O. F., and of Mount Hamilton Lodge, No.
142, A. O. U. W., of San Jose, a Republican in poli-
tics, and in favor of tariff protection to American
industries. W. W. Black is interested in the San
Jose Woolen Mill.
Hon. James R. Lowe, a successful and prominent
representative of the San Jose Bar, was born in New-
buryport, Massachusetts, on April 25, 1840. Up to the
age of twelve years he attended school in his native
town, removing with his parents to San Jose, Cal-
ifornia, where they settled in 1852. He completed
his school education at Gates' Institute, in the latter
city. Appointed United States consul to the city of
Tehuantepec, Mexico, by President Andrew Johnson,
he represented the United States at that place at the
time the Emperor Maximilian was shot at Queretaro
by order of President Juarez. On his return from
Mexico he studied law with the Hon. F. E. Spencer,
now superior judge, and was admitted to the Bar.
In 1876 Mr. Lowe was elected president of the Board
of Education of San Jose, holding that office for two
successive terms, during which time the schools were
managed to the entire satisfaction of the people of
this city, and in a manner unexcelled before or since.
He was elected in 1884 State senator on the
Republican ticket, and regarded among the ablest
members of that body. His record as senator was
among the best. During the extra session of 1886
he took a very active part towards the passage of laws
in favor of irrigation, holding that "the waters flowing
in our rivers and streams should not be allowed to roll
idly to the sea, but should be thrown upon the arid
plains, and they be made to blossom like the rose."
Resulting from that legislation in which Mr. Lowe
took so prominent a part, irrigation districts have
been inaugurated under the State laws, and thousands
of acres of comparative desert have been transformed
into beautiful and profitable homes. Mr. Lowe has a
place of eighty acres, located in the foot-hills west of
the town of Milpitas, which he contemplates planting
in trees and vines in 1889.
He was married, in 1861, to Miss Inez Pacheco, a
member of the celebrated Pacheco family, of Califor-
nia, who was educated at the convent of Notre Dame,
in San Jose. She died in May, 1872, leaving four chil-
dren: James, Mary (who, while driving in her father's
carriage in 1887, was thrown out and instantly killed,
and at whose death San Jose was a house of mourn-
ing, so generally beloved was she), Ralph, now in
his graduating course at the San Jose Commercial
College, and William W., now engaged in San Jose
as searcher of records. He was married in 1874 to
Miss Enna Forsyth, a native of Maumee, Ohio, a
lady of very rare intellectual attainments and culture,
who was for several terms president of the Board of
Education of Santa Clara County, filling that position
with eminent credit to herself and satisfaction to the
people of the county. This estimable lady died in
1887, leaving three children: Alexander, Duncan, and
Eleanor.
Senator Lowe's parents were James R. and Mary
(Tuckwell) Lowe. His father was born in Chester-
field, England, in 1808. Educated as a landscape gar-
dener and horticulturist, he displayed such rare taste
and skill in laying out and embellishing large parks
and gardens, that he was employed to come to the
United States and superintend the laying out and
adorning the exquisite grounds and horticultural plots
of James Arnold, of New Bedford. He later did sim-
ilar work for the late Ben: Perley Poore, at Indian Hill
Farm, near Newburyport, Massachusetts. He re-
moved to California in 1852 with his family, and en-
96
PEN PICTURES FROM THE "GARDEN OF THE WORLD."
in San Jose in the same profession. There
are many places in San Jose and CaHfornia that bear
witness to his master skill and rare taste and culture
in the art of beautifying the face of nature. He was
the means of bringing to California, and propagating
here, many valuable plants and trees, to which em-
ployment he was devoted up to his death, in 1874.
A man of genial, affable disposition, fond of telling
and listening to a good story, he had many and
valued friends; in fact, a very happy type of the
representative English gentleman. He was several
times elected a member of the City Council of San
Jose. Mr. Lowe's mother was a native of Newbury-
port, Massachusetts, and a member of the celebrated
Sherborn family, of New Hampshire.
Further particulars of Mr. Lowe's services as a hor-
ticulturist in Santa Clara County will be found in
our chapter on horticulture.
Daniel W. Burchard. — Holding a prominent
and important position among the public officers of
this county, is Mr. Daniel W. Burchard, attorney at
law and assistant district attorney. His father was
the Rev. John L. Burchard, for ten years a member of
the Missouri Conference of the Methodist Episcopal
Church. While he was stationed in Benton County,
Missouri, on March 5, 1858, the subject of this sketch
was born, and came with his parents to Califor-
nia in the same year. His father was located first
at MarysviUe, remaining there four years, and after-
wards for siv years in Stockton. In 1868 he was
sent to Gilroy, where Daniel attended school. After
a four years' residence here, his father returned to
MarysviUe, when he was appointed Indian agent at
Round Valley. In 1872 the family removed to Oak-
land, in order to afford the children better educational
advantages. After passing through the schools of
Oakland, Daniel went up to the reservation, where he
taught school and studied law. In 1879 and 1880 he
studied law in the office of Henley & Johnson, of
Santa Rosa, the senior member of that firm being
Hon. Barclay Henley, late member of Congress from
First District. Mr. Johnson is now attorney-general
for the State.
Mr. Burchard was admitted to the Bar nine days
only after attaining his majority, and first "hung out
his shingle " in Washington Territory. He remained
there but a short time, when he returned to California,
and for three years practiced law in Hollister, serving
one year as city attorney. Removing to San Jose,
he entered into partnership with Moore & Moore, and
on the election of Howell Moore to the office of dis-
trict attorney he was appointed deputy.
Mr. Burchard is a hard worker, as can be gathered
from the fact that he has appeared in fifteen hundred
cases since he began practice, six hundred of them
being criminal cases. It is noteworthy, also, that, al-
though so young a man, he has been connected with
many cases involving heavy interests. Among these
may be noted the congressional election contest of
Sullivan versus Felton; the senatorial contest of Ry-
land versus Conklin; a number of homicide criminal
cases in which the final penalty was inflicted, and
others.
On March 6, 1881, Mr. Burchard was married
to Miss Cora, the eldest daughter of Hon. Rush Mc-
Comas, the county treasurer. They have four chil-
dren: Marcie, Mary, Ernest, and Ethel.
Mr. Burchard's family is of Scotch and German
extraction, and is fully represented in professional
and intellectual pursuits. His father is a thoroughly
self-made man, educating himself for the ministry by
his own efforts, and passing his life in the service of
the Methodist Episcopal Church. His mother is a
native of Virginia, a descendant of the pioneers who
first settled that State. His only brother is Dr. L.
S. Burchard, of Oakland, and his only sister is the
wife of C. H. Twombly, the San Francisco capitalist.
James H. Campbell, a prominent lawyer and
former district attorney of Santa Clara County, was
born in Andover, Massachusetts, in 1850. He came
to Nevada County, California, in 1859, where he re-
mained until 1867, since which time he has resided in
San Francisco and in Santa Clara County. In 1871
he graduated from the famous Santa Clara College,
and in 1872 commenced the study of law, and was ad-
mitted to the Bar in 1874. In the same year he was
appointed to the office of assistant district attorney
of Santa Clara County, in which position he continued
until 1876. In 1879 he was elected district attorney,
and remained in office until 1885. He was twice
elected to that office, and, owing to the effect of the
new constitution, then recently adopted, remained in
office, by virtue of his first election, for nearly three
years. Since 1885 he has been engaged in the gen-
eral practice of his profession in San Jose, and occu-
pies a prominent position among the members of the
Bar of Santa Clara County.
In 1878 Mr. Campbell was married to Miss Mary
Faulkner, a native of Massachusetts, her parents, John
F. and Ann Faulkner, having come to California in
PEN PICTURES FROM THE "GARDEN OF THE WORLD.'
97
the early days. Of this union there are three chil-
dren: Argyll, Maud, and Irene.
During Mr. Campbell's incumbency of the office
of district attorney, he conducted many important
murder trials, including those of Majors, Jewell, and
Showers, for the murder of William Renowden and
Archibald Mclntyre, near Los Gatos. These pris-
oners were all convicted, Majors and Jewell being
hanged, and Showers sentenced to imprisonment for
life. A peculiarity of Majors' trial was that he was
first convicted and sentenced to imprisonment for life
for the murder of Renowden, and, while serving this
sentence, a second prosecution was instituted for the
murder of Mclntyre, for which crime he was convicted
and hanged. As a matter of courtesy, Mr. Campbell
followed the case, which was transferred to Alameda
County, on a change of venue, and prosecuted it there.
He was also instrumental in the conviction of Wasi-
lewsky, in Santa Clara County, for the murder of his
former wife in Los Gatos, the prisoner being hanged.
This case was remarkable for the discovery of the
criminal and his conviction when every clue seemed
to have vanished. In political principles Mr. Camp-
bell is a Democrat.
Hon. Albert W. Crandall was born in the town
of Gaines, Orleans County, Western New York, in
1835. His parents, John L. and Hannah (Brown)
Crandall, moved into that State in iSi4or 181 5, when
it was still a wilderness, and carved out there a home
for themselves. Mr. Crandall attended the Albion
Academy at Albion, the county seat, spending several
years there preparing for college. He entered the
University of Rochester, and graduated with honors in
the class of 1862. Among his classmates at the uni-
versity was Albion W. Tourgee, the author of the well-
known "Fool's Errand."
During the time Mr. Crandall was preparing for
college he taught school for several terms, being at one
time principal of one of the public schools of the city
of Buffalo. After graduating he studied law in Albion,
with the legal firm of Church & Sawyer. Mr. Church
was afterwards the chief judge of the Court of Ap-
peals of New York State. Mr. Crandall was admitted
to the Bar in 1863, and until 1878 practiced law in
Albion. In that year he came to California, stopped
at San Jose, and went on to Los Angeles, where he re-
mained until in 1880 ; he returned to San Jose, and has
resided here since that time, enjoying a large practice.
In Albion Mr. Crandall had built up a profitable and
enlarging practice, but ill health compelled his re-
13
moval to this State, preferring to sacrifice his pro-
fessional interests there rather than to jeopardize his
health. During his residence in Los Angeles he lived
an almost out-of-door life, riding and driving about
the country until his health was perfectly restored,
finding this particular life an incentive to remaining
there for a time.
In 1880, having completely recovered his health and
strength, he returned to San Jose, and has since en-
gaged actively in the practice of his profession, and
having also a fondness for outside and open-air em-
ployments, he purchased, with Mr. Gaines, an eighty-
acre ranch, which is mostly planted to vines. This is
situated on the Branham road, just west of the Ala-
meda road, near the Five Mile House. The vines com-
prise both wine and table grapes. The latter have
always paid w ell, while the former, which are mostly
made into dry wines (red and white), are also on a
satisfactory paying basis.
Mr. Crandall married Miss Maria Pettingill, of Mon-
roe County, New York, in 1863. Her parents, Reuben
and Clarissa (Green) Pettingill, were natives of New
Hampshire, moving into New York State about 1816.
Mr. Pettingill was well known as "Deacon Pettingill,"
having for more than forty years been prominently
connected with the Baptist Church at Ogden, New
York. There is only one child from this union, namely,
Albertine, born in 1865, now living with her parents in
San Jose.
Mr. Crandall is a member of Friendship Lodge, No.
210, of the Masons of San Jose. He is a Republican
in politics, and earnestly in favor of a high protective
tariff. He was chairman of the Central Committee of
this county during the campaign of 1884, and is now
senator for the Thirty-first Senatorial District of Cal-
ifornia, having been elected by a triumphant majority.
It should also be stated that Mr. Crandall was chair-
man of the County Central Committee of the Repub-
lican party in his county in New York State, during
several political campaigns, and also held several civil
offices while there, being collector of tolls on the Erie
Canal for two terms, clerk of the Board of Supervisors,
clerk of the Probate Court, and was once nominated
for district attorney, but declined.
Nicholas Bowden, attorney at law, of the firm of
Archer & Bowden, rooms i, 2 and 3 Archer Building,
San Jo.se, was born in the County Kilkenny, Ireland,
in 1851. In 1S53 his parents removed to America,
settling in Cooperstown, Otsego County, New York,
where he attended the public schools up to the age of
PEN PICTURES FROM THE "GARDEN OF THE WORLD."
fifteen years. He then entered a general merchandise
store, the largest in that county, going through all the
gradations from errand boy to head salesman and as-
sistant bookkeeper, for four years. In 1869 he came
West, and, after a short residence in St. Louis, Mis-
souri, located at Evansville, Indiana. Here he re-
mained seven years, engaging first as bookkeeper in a
mercantile esiablishment. In 1874 he took charge of
the Evansville Daily and Weekly Courier, one of the
principal Democratic newspapers in the State of In-
diana. This paper he successfully managed for three
years, always taking an active interest in politics, al-
though never accepting nomination or appointment to
office. He was a member of the State Convention
which nominated "Blue Jean" Williams for the gov-
ernorship of Indiana in the campaign of 1876, which
ticket, as well as the national Democratic ticket, were
successful in that State after a very exciting campaign.
He was one of the Democrats who went South to
watch the visiting statesmen, as the gentlemen of both
parties were called who went to Louisiana in that
year to watch the returning Board, and see that each
received a fair count of the votes cast. He was also
endeavoring to recuperate his health, which had be-
come impaired by too close attention to business.
Returning to Evansville in March, 1877, and having
another attack of typhoid pneumonia, he resigned his
newspaper management, intending to pass a year in
California. Finding his health improved, and liking
the climate and people, he decided to remain.
In the fall of 1877 he took the management of the
San Jose Daily Herald, which he retained until June,
1880. While the current of events had up to this time
kept him in other business channels, his inclinations
and ambitions had always tended towards the study of
law, which he engaged in regularly in the fall of 1880,
in the office of Archer & Lovell, for two years. In
the fall of 1882 he was admitted to practice by the
Supreme Court en banc, after the usual examination,
and became a law partner of Judge Lawrence Archer,
in the place of Mr. Lovell, who had retired, this asso-
ciation continuing to this time. He was married on
October 4, 1 883 , to Miss Sallie Trimble, a native of San
Jose, the eldest daughter of John Trimble, lately de-
ceased, one of the early pioneers of California and a
veteran of the Mexican War. They have one child,
Lawrence Archer Bowden, now about one year old.
Mr. Bowden has always been actively and earnestly
interested in the political questions of the day, and
while not devoting time belonging to his profession, to
active politics, he has always given a warm support
to the Democratic party, and has been prominent in
its councils. In recognition of his position and dis-
interested party service, he has been nominated by the
Democratic State Convention, recently held at Los
Angeles, as one of the Cleveland and Thurman pres-
idential electors for California.
Bainbridge L. Ryder, attorney at law, is one of
the rising and successful young lawyers of the Pacific
Coast. He was born in the town of Natick, Massachu-
setts, twenty-seven years ago. Mr. Ryder came to
California for his health, arriving in the early part of
January, 1882. On recuperating he employed his spare
hours in reading law, and, later, entered the law office
of Hon. T. H. Lane as a student, and was admitted
to the Bar in February, 1885. In May, 1888, he was
appointed court commissioner of the Superior Court
of Santa Clara County. He is one of three attor-
neys of the city who are recommended in the last
"Bankers' Direatory," by the bankers of San Jose,
as competent and trustworthy attorneys to attend
to legal business from abroad. Mr. Ryder was the
instigator and prime mover in organizing the San
Jose Board of Trade, which is now a large and thrifty
body, composed of about all of the leading men of
the city, with a membership numbering more than two
hundred. By his experience in the practice of com-
mercial law he was brought in contact with such
bodies in other cities, and deemed such an organi-
zation of vital importance to this city and county.
Mr. Ryder is interested in the Reed Gulch and
Golconda Extension mines, and owns one hundred
and sixty acres of land, twenty-one miles south of
San Jose, which he intends planting to orchard. He
is also a member of the Ryder Shingle Company,
owning a shingle mill in the Santa Cruz Mountains,
situated about twenty-five miles from San Jose.
M. H. HVLAND, attorney at law, residing at No-
132 North Fourth Street, San Jose, is a most pleasing
example of what might be termed a pre-eminently
self-made man. Courteous in his home, frank and
affable in iiis conversation and intercourse with his
fellow-man, he is withal a clear-headed and successful
business man, an able attorney, and a politician
honored in the councils of his party. Born in Bos-
ton, Massachusetts, in 1852, he was, by the death of
his parents, Thomas and Jane (Leighton) Hyland,
thrown upon his own resources at a very tender age.
Leaving Boston at the age of nine years, he went to
New Hampshire, where he worked on farms, and
PEN PICTURES FROM THE "GARDEN OF THE WORLD."
later in Massachusetts for about six years. During
that time he worked in Boston for about one year.
In 1869 he came to California, remaining in San
Francisco for a few months, when he came to San
Jose, where he has remained almost constantly since
that time. His first employment here was in a plan-
ing mill, where he continued for about two years,
gathering together sufficient capital to establish him-
self in the poultry, fish, and game business. In this
business he continued until 1882, making a fair finan-
cial success In January, 1883, he accepted the posi-
tion of chief deputy in the county clerk's office, hold-
ing that position for two years, during which time he
devoted his spare hours to the study of law. During
all these years of labor and gradual advancement in
life, Mr. Hyland had been studying privately and im-
proving his mind, gathering together the elements of
a self-acquired education. In January, 1885, he was
admitted to the Bar by the Supreme Court of the
State. He has since that time been engaged in the
practice of law and in looking after his varied in-
terests.
He was married, in 1878, to Miss Annie E. Jami-
son, a native of Clay County, Missouri, her parents
having moved to that State from Kentucky. In
1864 they came to California, crossing the plains in
the regulation ox-team wagons.
Mr. Hyland is a member of San Jose Lodge, No.
34, 1. O. O. F., and is secretary of that Lodge. He
is also secretary of the Odd Fellows' Hall Association.
He is a member of the Democratic party and secre-
tary of the Democratic County Committee.
Samuel Alphonso Barker was born in Kenne-
bec County, Maine, July 26, 1833. His paternal an-
cestors were English, and those on his mother's side
were Scotch. His family is one of the oldest in the
country, his people having come to America about
seven years after the Mayflozver. The family in
this country is descended from two brothers, Noah
and Carr Barker, the latter being the ancestor of the
subject of this sketch. His descendants settled in
Maine, while it was still a part of the province of
Massachusetts. Mr. Barker's maternal ancestors were
also early in America. His mother's father was a
Revolutionary soldier, and it was while on the march
to Canada, under Arnold, that he selected the tract of
land upon which he afterwards settled. This tract
was afterwards a part of the city of Hallowell. He
engaged in ship-building for a few years, and then
removed to the neighboorhood of Reedville, where he
purchased a farm and devoted himself to agricultural
pursuits. This farm is still in possession of his de-
scendants. The subject of this sketch was educated in
his native State, and, in 1S54, commenced the study
of law in the office of Judge Josiah H. Drummond,
who has since been attorney-general of the State.
In 1857 Mr. Barker was admitted to the Bar of the
Supreme Court of the State of Maine. He practiced
his profession successfully for ten years in his native
State, and in 1867 came to California, being attracted
hither by a desire to renew his health, which too close
application to business had impaired. He had chosen
Santa Clara County for his residence and came di-
rectly to San Jose.
He here resumed the practice of his profession,
selecting the department of counselor rather than
that of advocate. He has confined himself as nearly
as possible to probate and commercial cases and cases
involving the title to lands. His sound judgment
and knowledge of the law, especially in the depart-
ments which he had selected for his specialties,
brought him a large and lucrative practice. ' The ac-
curacy of his opinions in regard to the investment of
capital attracted to him many clients, who have trusted
implicitly to his judgment and his integrity, and have
never had occasion to regret their confidence. In
all questions touching estates of deceased persons and
the laws affecting real-estate titles, Mr. Barker is con-
sidered an authority. He is a member of the Bar of
the Supreme Court of the State and of the United
States District Court. He is att rney for the Board
of Trade of San Jose, and of the Garden City Sav-
ings Union. He was married, April S, 1858, to
Sarah E. Parshley, of Maine, and has three children:
Charles A., now assistant manager of the San Fran-
cisco Lumber Company; Frank P., deputy recorder
and auditor of Santa Clara County, and Alfred, now
a .student at the California Military Academy, at
Oakland.
Frank M. Pfister. — This gentleman, the son of
Adolph Pfister, was born in San Jose in 1851. In
early youth he attended the public schools, and the
Gates Institute, then the Santa Clara College, for two
years, after which he was three years at the Univer-
sity at Ann Arbor, Michigan, from which institute he
graduated as an attorney at law, in 1874. After his
graduation Mr. Pfister returned to San Jose and con-
tinued his studies of the statutes of California for a
season, after which he went to Inyo County and com-
menced the practice of law, remaining there during a
100
PEN PICTURES EROM THE "GARDEN OF THE WORLD."
part of the years 1875-76. He then returned to San
Jose and formed a co-partnership with J. J. Burt, in
the practice of law, later drifting into the manufact-
ure of lime, of which work Mr. Burt took especial
charge, while Mr. Pfister became drawn into political
life, being elected county treasurer in 1882. He
remained in this office for the term of two years.
Then, not wishing re-nomination to a position of
such undue responsibility for the amount of recom-
pense, he became a candidate for the office of city
justice of San Jose, being elected in 18S4. That
office he held for two years, then became justice for
San Jose township, which position he now holds.
Judge Pfister is yet interested with Mr. Burt in
lime works in Santa Clara County, near the Guada-
loupe mines. These works are of a capacity of one
hundred and forty barrels per day. There are also
works in San Benito County, near Tres Pinos, of a
smaller capacity.
Judge Pfister has always been identified with the
Democratic party. He is a member of the San Jose
Parlor, N. S. G. W.
Judge Joseph Basil Lamar is a descendant of
old Huguenot ancestors, who settled in Charleston,
South Carolina, in colonial days. Both his grand-
sires — Lamar and Winn — were soldiers in the War of
the Revolution. The Judge has a highly prized relic
of those times, — a gold watch which strikes the time,
which his grandfather Winn carried during that war,
and was on his person when he was taken prisoner by
Lord Cornwallis at Camden, South Carolina.
Judge Lamar was born in Georgia in 1827, edu-
cated and reared in his native State, and studied law
and was admitted to the Bar before he was twenty-one
years of age, by special act of the Legislature. After
practicing a short time he came to California. Start-
ing from home in company with five other young
men, they halted at New Orleans, where they met
Gen. Mirabeau B. Lamar, second president of the
republic of Texas, and relative of the Judge — who
advised the party to make the trip through Mexico.
And, furnished with letters of introduction to prom-
inent persons at the principal cities, and a good stock
of information and advice from him, they crossed the
gulf to Vera Cruz, and made the trip overland, visit-
ing the city of Mexico and other points- of interest,
and consuming three months en route. Embarking
at Mazatlan, they sailed for San Francisco, where
they arrived April 24, 1849. Mr. Lamar and his
companions, like most of the immigrants of that day,
were gold seekers and went into the mines.
Mr. Lamar settled in Mendocino County in 1854.
In 1858 he was elected to the Legislature from
Sonoma County. While serving in that body the fol-
lowing year, Mr. Lamar prepared and introduced the
bill organizing Mendocino County; and in i860 he
was elected to represent the new county in the Leg-
islature. In 1866 he was elected county judge of
Mendocino County; he served one term — four years —
and then resumed his law practice, in which he has
been engaged ever since. In 1876 he was appointed
attorney for the Board of State Harbor Commissioners,
and held that position four years. In 1883 he set-
tled in San Jose, where he has ever since been en-
gaged in the practice of his profession.
Wm. p. Veuve, one of the junior members of the
Bar of San Jose, was born in that city on the twenty-
eighth day of March, 1853, under the shadow of the
old juzgado, or town hall, in which the ayuntamiento,
or town council, held its sessions in the days when,
under Spanish and Mexican rule, the city was a
pueblo, known as San Jose de Guadalupe. Located
in the center of the plaza, or square, the adobe houses
of the pobladores, or founders of the pueblo, faced the
juzgado from the four sides of the plaza. In one of
these primitive dwellings, the residence of Donna
Juana Pacheco, the subject of this sketch first saw the
light of day. The exterior of Donna Pacheco's adobe
house might not have indicated that it was the abode
of opulence, yet the owner was the widow of a poblador
whose lands were measured by leagues, and whose
cattle were numbered by hundreds.
The hospitality of the native Californians was
proverbial, but at no hacienda in the land was there a
warmer welcome for stranger or friend than at the
casa of this good old lady. Dead these many years,
may she have found the "ever-during" gates of
Heaven as widely open as were always the doors of
her humble abode on Market Street, in the pueblo of
San Jose.
Mr. Veuve's father, Eugene L. Veuve, is a native
of Chaux-de-Fonds, Switzerland, of Huguenot ances-
try, and came to America in 1845, landing at Mobile,
Alabama, where, after a brief sojourn, he went to New
Orleans, and from there, in 1849, made the overland
journey to California, through New Mexico and Ari-
zona, in an emigrant train. Escaping the perils of
"field and flood" and Indians, he reached Los Angeles
PEN PICTURES FROM THE ''GARDEN OF THE WORLD.'
in the winter of '49. He remained there about six
months, and then joined the tide of travel setting
northward to the mines, arriving in San Jose in the
spring of '50. Here, struck with the natural advan-
tages of the place, he decided to locate for the prac-
tice of his trade, that of watchmaker and jeweler, and
at once opened a shop on Market Street, near the old
juzgado. Mr. Jackson Lewis arrived in San Jose
about this time, and he and the elder Mr. Veuve are
the pioneer watchmakers of the city.
Mr. E. L. Veuve's wife, and the mother of Wm. P.
Veuve, was born in the County Kildare, Ireland, and
went to Chili, South America, when a young girl.
Her maiden name was Eleanor Nugent. Upon the
discovery of gold in California, the exodus from Chili
to the New El Dorado bore her thither, with many
other pioneer residents of all parts of the State. Her
husband (she had married a Mr. Pettit) had left Chili
in a sailing vessel with all his worldly possessions, and
she was to follow afterward by steamer and join him
in San Francisco. But one disaster after another
overtook him. He was shipwrecked off the coast of
Mexico, and lost a valuable stock of goods that was a
part of the ship's cargo. He was taken down with
fever, and, while lying sick and helpless in a strange
land, was robbed of his money. But after many
hardships he reached San Jose, whither his wife had
gone, but only to be stricken with cholera, of which
terrible scourge he died.
Mr. Wm. P. Veuve's parents were married in San
Jose, in 1852, and have ever since then resided here.
Their old homestead, facing Market Plaza, was built
about the year 1854, and is one of the ancient land-
marks in that part of the city. About this time there
was established a public school in a rude building on
the plaza, and a Mr. Erie presided over its destinies.
To this school went the subject of this sketch when
but a child, accompanying his elder half-brother, who
was a regular attendant at its exercises. The school
was afterwards transferred to quarters on Washing-
ton Square, Mr. Erie continuing to be its principal
teacher. Under this pioneer school-master of San
Jose it was not a case of Spare the rod and spoil
the child, for he was an exponent of what might be
termed muscular tuition. Young Veuve continued
to attend the public schools of his native city until
1868, when he entered Santa Clara College, from
which institution he was graduated in 1874. His
studies there were not, however, continuous, for they
were interrupted by a two years' engagement with
the firm of Auzerais Brothers, as their book-keeper.
After receiving his degree in the classical course, but
not immediately, Mr. Veuve commenced the study of
the law in the office of Thos. H. Bodley, Esq., an old
and well-known practitioner at the Bar. In April,
1877, he was duly licensed to practice by the Supreme
Court of the State, and from that time he has de-
voted himself to his chosen profession, practicing at
the Bar or presiding on the Bench.
At the general election of 1880 he was elected city
justice and police judge, being one of only two suc-
cessful candidates on the Democratic ticket. In 1882
he was re-elected to the same office. Mr. Veuve was
the first incumbent of this office, and in the beginning
of his first term experienced considerable difficulty in
administering its jurisdiction, owing to defects in the
law creating it. The Legislature, however, at the
suggestion of Mr. Veuve, passed a remedial measure,
and thereafter no trouble was encountered. In 1884,
having received superior inducements from friends in
the county of San Luis Obispo, he resigned his office
and took up his residence there. The ties, however,
which bound him to his native city were so strong
that, after an absence of about two years, he returned
to San Jose, where he has since continued to practice
law, with ever-increasing success.
In 1 88 1 Mr. Veuve married Miss Jennie Wilson,
and a little girl, named Vida, is the result of their
union.
He has a half-brother, H. H. Veuve, who is of the
firm of A. Vignier & Company, French importers,
San Francisco, and a younger full brother, A. L.
Veuve, who was for a long time manager of the Pa-
cific Manufacturing Company, at Santa Clara, and
who is now engaged in managing the affairs of the
Shasta Lumber Company, in Shasta County.
Mrs. Mary C. Hoffman, widow of the late Herman
Hoffman, is a half-sister of Mr. Veuve, whose parents,
still living, hale and hearty in their old age, reside
with her on Guadalupe Street, in San Jose.
In politics Mr. Veuve is a Democrat, active and
prominent in his party's councils.
He is a member of Los Gatos Parlor, No. 126, N.
S. G. W., and takes great interest in the success of
this distinctively Californian Order.
8-T^FiEi f>:r.ei©^.
THE first newspaper published in Santa Clara
County was issued in 1850, by James B. Devoe.
It was called the State Journal, and was discontinued
on the adjournment of the Legislature, in 1851.
In January, 1851, the San Jose Daily Argus was
published during the senatorial campaign. It was in
the interest of John C. Fremont.
San Jose Weekly Visitor. This was the first per-
manent newspaper in San Jose. It was commenced
June 20, 185 1, by Emerson, Damon & Jones. At
first it was Whig, but in October it changed over
to the Democracy. In August, 1852, its name was
changed to the
Register, and was published by T. C. Emerson
and Givens George, with F. B. Murdoch as editor.
In 1853, Murdoch having obtained control of the
Register, its name was changed to the
San Jose Telegraph. In i860 the Telegraph went
into the hands of W. N. Slocum, and in 1861 it was
changed to the
San Jose Weekly Mercury, with J. J. Owen and B.
H. Cottle as proprietors. In November of that year
the
Daily Mercury was started in connection with the
Weekly, but was discontinued in 1862. In 1869 J. J.
Conmy came into the firm, and in August of that
year the publication of the Daily was resumed, but
discontinued in 1870. Mr. Conmy retired from the
firm this year. In 1871 Cottle sold out his interest
to Owen. In 1872 Owen, having purchased the
Daily Guide, again resumed the publication of the
Daily Mercury in connection with the Weekly. Soon
after, Cottle again bought a half interest in both
papers, but again sold to Owen, in 1874. In 1877
it was incorporated under the style of the Mercury
Printing and Publishing Co., Mr. Owen holding the
majority of the stock. In 1884 he sold his interest
to C. 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 nego-
tiations for the purchase of the paper, but the trans-
(102)
action was not consummated. In the meantime the
name was changed back to the Daily Mercury. At
this time it absorbed the Daily Republic.
Charles M. Shortridge, the present editor and
proprietor of the San Jose Daily and Weekly Mercury^
was born at Pleasant Grove, a small hamlet near Mt.
Pleasant, Iowa, on the twenty-fourth day of August,
1857. He came to California when a small boy. He
first stopped at Nevada City, where he worked until
he had saved a few dollars, when he came to San Jose
for the purpose of attending the public schools, which
had a great reputation for efficiency. Not having
money enough to support himself while attending
school, he hired out to the San Jose Gas Company
as a lamp-lighter, for a salary of $28 per month.
Having completed his course at the public schools
with honor, he went to work in the office of the Daily
Mercury as general utility boy, sweeping out the
office, running errands, and doing whatever was to
be done. While attending school he had selected
journalism as his future profession, and determined
to master the business in all its departments. Hav-
ing no money of his own, and no rich relatives to
start him in business, he was obliged to commence
at the bottom of the ladder. But when he had placed
his foot on the first round, he fixed his eye on the
top, and never rested until he was there. While
working as office boy he familiarized himself with
the details of the composing room and press rooms.
He worked his way into the business department,
keeping the books and collecting the bills, and over-
seeing the mailing and subscription department, and
thence he went on the local staff He continued
with the Merairy for seven years, until 1883. He
was then twenty-six years old, with all the informa-
tion in regard to the newspaper business that he
could acquire in San Jose, and determined to start
for himself He had no money, but was full of prac-
tical ideas which he had worked out while with the
Mercury.
He severed his connection with this paper, and
PEN PICTURES FROM THE "GARDEN OF THE WORLD.'
103
went into the real-estate and insurance business.
This was for the purpose of keeping the " pot boiling"
until he could perfect his plans. Some of the busi-
ness men and capitalists of San Jose had watched
young Shortridge's career, and had been favorably
impressed with his talent, pluck, and perseverance.
He had many offers of lucrative positions, but he
would not turn aside from the aim of his life. He
succeeded, after some time, in securing financial back-
ing sufficient to purchase the Daily Tifnes, paying
$5,500 for it. He immediately enlarged it, and, at
great expense, secured the exclusive right to the
morning telegraphic dispatches for San Jose. Many
of his friends looked on with dismay at what seemed
to them to be the most reckless extravagance, while
his enemies and journalistic rivals prophesied speedy
bankruptcy. But the young man was hewing to the
line he had laid down for a guide after careful meas-
urement. What seemed to his friends as recklessness
was, in fact, the result of the soberest kind of thought.
He was simply exhibiting the nerve necessary to the
proper execution of his plans. This was in 1883.
In 1884 he secured control of the stock of t';e Mer-
cury Printing and Publishing Co., and, in less than
two years from the day he walked out of the Mer-
cury office a poor boy, with scarcely a penny in his
pocket, he walked back again as its proprietor. He
combined the Times and Mercury, added new mater
rial and presses, and proceeded to make the new
journal twice as good as either of them were before.
His expenses were greatly increased, but the income
was in a much larger proportion. In 1885 he ab-
sorbed the Republic, a morning paper which had been
started that year. This plan of combining forces is
one of the peculiarities of Mr. Shortridge's journalistic
career. He wastes no ammunition in fighting com-
peting journals. If a paper develops enough im-
portance to become a rival, he absorbs it; but unless
it has this importance he ignores it.
During Mr. Shortridge's ownership of the Mercury,
more special editions have been issued than during
all the former history of journalism in San Jose.
These specials run from sixteen to sixty-four pages,
generally profusely illustrated, and always in the
interest of the material resources of the county. Mr.
Shortridge is now, 1888, thirty-one years of age. He
is a ready speaker, a Republican in politics, devoted
to the principle of protection for American industries,
and a firm believer in the future greatness of the
Santa Clara Valley, the '^ garden of the world."
The Semi-Weekly Tribune was issued by Givens
George, July 4, 1854. In 1855 it was published by
George & Kendall. In 1859 it was sold to George
O'Dougherty. In 1862 and 1863 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 San Jose Weekly Patriot was started
by Murdoch in 1863. In 1865 he commenced the
publication of the Daily Patriot. In 1875 he sold
out to S. J. Hinds and J. G. Murdoch. In 1876
it was purchased by the Murphys, and the name
changed to the
San Jose Daily Herald, which name it still retains.
In 1878 it purchased and absorbed the San Jose
Argus, the weekly being called the Herald Argus.
In October, 1884, a joint-stock company was formed
under the style of the Herald Publishing Company,
which purchased the Herald, and still conducts it.
The officers of the company are: H. H. Main, presi-
dent; W. C. Morrow, secretary; J. F. Thompson,
treasurer. Mr. Thompson is editor, Mr. Morrow
is city editor, and Mr. Main is business manager.
Under this administration the Herald has thrived
wonderfully and taken a high rank among the journals
of this coast. The Herald \^ Democratic in politics,
having changed its political affiliations when it
changed its name from the Patriot.
J. F. Thompson, editor of the Herald, was born
in Massachusetts, and is now fifty-one years of age.
He entered journalism at the age of twenty. He
came to California in the '70's, and was engagrd
on some of the leading papers of the State. In 1878
he went on the Herald as its editor, and afterwards
leased it from the Murphys and ran it successfully
until 1884, when he went into the joint-stock company
that purchased it. He has been its editor continu-
ously for ten years, and his efforts have done much
towards placing the paper in its present prosperous
and influential position. He early became identified
with the horticultural and viticultural interests of the
county, and his opinions on these subjects are consid-
ered authoritative.
W. C. Morrow, city editor of the Herald, was
born in Alabama, and is now thirty-four years of age.
He early developed great literary talent, and, when a
mere boy, wrote many things that provoked favorable
comment from distinguished literary men. He came
to San Jose in 1879, and was immediately engaged as
104
PEN PICTURES FROM THE "GARDEN OF THE WORLD.'
a writer on the Mercury. While engaged in news-
paper work he wrote several charming novels, poems,
and short stories that gave him high standing among
the literati of the coast. His efforts attracted the
attention of Eastern publishers, and many of the pro-
ductions of his pen found place in the columns of
leading magazines and journals of the Atlantic
States. When the Herald \V3.5 reorganized he became
its city editor, to the profit of the paper and the bene-
fit of the community.
H. H. Main, the business manager of the Herald,
was born in Wisconsin, and is forty years of age. He
taught school for several years in that State, and
came to California for the benefit of his health. For
sanitary reasons, he settled at Los Gatos, and engaged
in the lumber and wood business. In 1880 he was
elected a member of the county Board of Supervisors,
and re-elected in 1883, being chosen as chairman of
the Board during the latter term. He had a natural
taste for journalism, being a close reasoner and a
ready writer. He was the projector of the Los Gatos
Mail, and its business manager during the first years
of its existence. He came onto the Herald when
the company was incorporated, and his management
has steered it prosperously through the shoals and
quicksands which have wrecked so many journalistic
barks in Santa Clara County, and brought it to the
open sea and prosperous gales of success.
The Sa.n ]ose Daify Re/>orter was started in i860,
by W. Frank Stewart. It soon changed to a weekly,
and was finally discontinued, after a few months' exist-
ence.
The Daily and Weekly Courier was started in 1865,
by Geo. O. Tiffany, but lasted only a few months.
The Santa Clara Argus, by W. A. January, com-
menced publication in 1866 as a weekly. In 1876
the Daily Argus was issued and ran for two years,
until .sold to the Herald, in 1878.
The Saturday Advertiser began publication Au-
gust II, 1866. It was discontinued February 19,
1869.
The Daily Independent was started May 7, 1870,
by a company of printers. It was the first paper in
San Jo.se to receive news by telegraph. In Decem-
ber of that year it was purchased by Norman Porter,
who, in turn, sold it to the Guide in 1871.
The Daily Guide was started by Stockton and
Hansborough, in February, 1871. Hansborough sold
out his interest to Stockton during the same year.
Stockton purchased the Independent of Porter and
absorbed it. In January, 1872, Porter took the
Guide and sold it to J. J. Owen, who merged it into
the Daily Mercury.
The Daily Press was published by J. J. Conmy for
a few weeks during 1872.
The Reporter was published by H. A. De Lacy,
from April to August, 1872.
The California Agriculturist (monthly) was started
by Brand and HoUoway, in 1871. S. H. Herring
purchased it in 1874, and, after running it a few years,
sold it to the Rural Press, of San Francisco.
The Daily Evening Tribune was published during
the campaign of 1872, by Clevenger and Armstrong.
The Daily Independent Californian was published by
Herring and Casey during the local option campaign
of 1874.
The Daily Garden City Times was started by a
syndicate of printers and literary men in 1874. It
lasted about six weeks.
The Daily and Weekly Advertiser was published by
B. H. Cottle from May to December, 1875.
The Weekly Balance Sheet, a commercial paper, was
started by H. S. Foote, February, 1876, and was sold
the same year to the Weekly Argus.
The California Journal of Education was run for a
few weeks, in 1876, by George Hamilton.
The Temperance Clidmpion 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," was started by A. P. Murgotten, in 1876. It was
discontinued in 1881.
The Headliglit, an evening daily, was started by a
syndicate of printers, in 1879. Its name was after-
wards changed to the Record, and it soon afterwards
retired from the field.
The Daily Moniing Times was started in 1879.
The history of this paper is contained in the following
biographical sketch of its projector.
Stephen W. De Lacy was born in New Orleans,
Louisiana, May 3, 1843. Here he learned the trades
of ship carpentering and steam engineering. In 1863
he removed to New York City, and in the summer of
that year sailed via Panama for California, arriving in
San Francisco July 2. Proceeding at once to Santa
Clara County, where his parents resided, he first set-
tled in Almaden township, and remained for two
years in the employ of the company then managing
the celebrated quicksilver mines. He then removed
PEN PICTURES FROM THE "GARDEN OF THE WORLD."
105
to the city of San Jose, and went into tlie business of
contracting and building, which he followed for sev-
eral years. In 1870 he entered the ranks of journal-
ism, as a reporter with the San Jose Daily Independ-
ent, and shortly, in conjunction with his brother,
Hugh A. De Lacy, started the San Jose Weekly Re-
porter. In 1872 he joined the Dally Record at Fiochc,
Nevada, remaining as its city editor for nearly a year.
Returning to San Jose in 1873, he became the city
editor of the Daily Evening Patriot, and continued in
the position when the name of that paper was changed
to Herald. Resigning in 1879, Mr. De Lacy began
the publication of the Daily Morning Times, believing
that the field was good for an independent newspaper.
In that enterprise he was associated with J. G. Mur-
doch, formerly foreman of the Herald; the editorial
department being intrusted to F. B. Murdoch, a vet-
eran journalist, formerly proprietor of the Patriot,
who subsequently became a partner in the newspaper.
The firm name was Times Publishing Company.
Their first issue was on July 15, 1S79, and the paper
was favorably received. On the first of January, 1880,
Mr. De Lacy became sole proprietor by purchase of
the interests of his partners. From that time the suc-
cess of the Times was remarkable. The aim of the
owner and manager was to present a paper which, in
its treatment of local events, should be equally read-
able and reliable; in general, the implacable foe of
wrong, the inflexible champion of right, and at all
events independent in opinion, and fearless in its ex-
pression beyond the possibility of clique, faction, or
sinister interest to influence. In the realization of
that ideal, his success was decisive and permanent.
But at the height of success, Mr. De Lacy conceived
the idea that a daily newspaper founded and conducted
on the principles of the Times would flourish in San
Francisco. Accordingly, on the sixth of September,
i8'83, he sold to C. M. Shortridge, proprietor of the
San Jose Alerciuy, his entire interest in the Times,
binding himself not to resume journalism in San Jose
for three years.
On the sixteenth of February, 1884, in connection
with James H. Barry, a popular printer of San Fran-
cisco, Mr. De Lacy began, under what seemed favor-
able auspices, the publication of the Daily Evening
Star. Its principle was — in the expressive phrase of
the day — "anti-boss, anti-monopoly." But powerful
enemies and journalistic rivalry, and especially the
spurious fidelity of the industrial classes, in whose in-
terest the paper was conducted, proved too much for
the enterprise. On the nineteenth of June, 1884, hav-
14
ing lost heavily, the Star Company suspended,
promptly discharging all its obligations to a penny.
Mr. De Lacy returned to San Jose and engaged in
various business. On the sixth of September, 1886,
upon the expiration of his bond, he pluckily re-issued
the Daily Morning Times, meeting with great success
in the enterprise of re-establishing it, conducting it
upon its original plane, and pushing it up to its former
position as a generous advocate of the rights of the
people.
Mr. De Lacy married, September 10, 1875, Clara J.,
daughter of J. W. Haskell, and has five children:
Edith Viola, Walter Haskell, Stephen Percival, Ed-
ward Ralph Merlin, and Clara Estelle De Lacy.
The Daily Evening News was started and run dur-
ing the campaign of 1882, by W. D. Haley.
The City Item was established by H. A. De Lacy,
in 1883. Its name was changed, in 1885, to the Eve-
ning News, which name it still bears.
The projector of this journal, Mr. H. A. De Lacy,
was born in New Orleans, September 23, 1845. He
came to California in 1862, and went to work at
the New Ahiiaden mines as engineer. In 1865 he
came to San Jose and engaged in the business of
carpenter and builder for several years. In 1870 he
was appointed deputy sheriff, where he developed
great skill as a detective officer. After his term ex-
pired as deputy sheriff", he was appointed on the
police force of San Jose, and was afterward elected
constable of the township. In 1872 he published the
Reporter, but discontinued it in order to devote his
whole time to his professional duties. But he had
developed a taste for journalism that could not be
wiped out, and in 1883 he established the City Item,
intending to make it small and do all the work him-
self. However, it met with such success that he was
compelled to enlarge it and secure assistance in his
work. Mr. C. W. Williams, a young man of great
business ability, was taken in as a partner and as-
sumed the business management of the enterprise,
Mr. De Lacy confining himself entirely to the edito-
rial department. This was a strong combination, and
its effect was immediately apparent. The business
rapidly increased, and the paper has been enlarged no
less than six times during the five years of its exist-
ence. In 1885 the name was changed to the Evening
Nezvs, which name it now bears.
The Santa Clara Valley, a monthly journal devoted
to the horticultural and viticultural interests of the
community, and to advertising the resources of the
106
PEN PICTURES FROM THE ''GARDEN OF THE WORLD"
county, was started by H. S. Foote, in 1884. In 1886
he sold out to Mr. H. A. Brainard, who has conducted
the paper ever since, having added to its name the
Pacific Tree and Vine, thus enlarging its field to the
entire State, and doing away « ith its exclusively local
character.
Mr. H. A. Brainard is a native of New York, and
received a liberal education, including the highest
classical course in the educational institutions of that
State. The peculiar tendency of his mind, however,
was toward natural science, and he became one of the
most accurate engineers and surveyors of the Empire
State. His work in laying out and superintending
the construction of a large section of the West Shore
Railroad, is unsurpassed in the history of railroad
construction in that State. He became also a thor-
ough theoretical and practical botanist, and these two
qualifications he brought to bear in his work on the
Santa Clara Valley. The first he utilized in making
accurate and detailed maps for publication in his jour-
nal, and the latter for imparting valuable horticultural
information to his readers. His maps have been
found of great value to nearly every citizen, and his
paper has become a recognized authority on the
coast, and has been the means of bringing many
settlers to this county. The literary department is
under the direction of Miss Louise E. Francis, a lady
of great talent and a graceful writer.
The Enterprise, a weekly paper, was published in
Mayfield, by W. H. Clipperton, in 1869-70. It was
afterwards removed to Gilro}', and its name changed
to the
Gilroy Telegram, but it was discontinued after the
political campaign of the latter year.
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 Kenyon & Knowl-
ton, and in 1873 to Murphy & Knowlton. H. Cof-
fin became publisher in 1873, and continued for two
years, when he was succeeded by H. C. Burckhart.
In January, 1876, J. C. Martin took charge, but 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 conducted it a
few months, when F. W. Blake, the present proprietor,
having purchased the majority of the stock, assumed
control. During all its twenty years of existence the
Advocate has been highly esteemed as a home paper,
and particularly is this the case under its present
management.
F. W. Blake is a native of London, England, hi-s
father being a leading physician of that city. Two
of his brothers were educated in that profession and
are now iri full practice, one in England and another in
San Francisco. The subject of this sketch had no taste
for medicine, and he secured a clerkship in the Depart-
ment of Customs. Here he remained for five years,
coming in contact with the officers of merchant ves-
sels from all parts of the world. When his parents
died, he being then twenty-five years old, he accepted
the invitation of the captain of a merchant vessel to
make a voyage with him. He came to New York
in 1 86 1, and, after remaining a few weeks, went to
Chicago and soon after joined the telegraph ex-
pedition to Salt Lake City. From there he came to
San Francisco. Here he went into the mercantile
business, in which he continued for twelve years. He
had been liberally educated, and had cultivated a de-
cided literary taste. He was a close and forcible, as
well as a graceful, writer. Retiring from the mercan-
tile business, he took a position on the Hollister Ad-
vance, and soon after purchased Xho. Advocate, ■sjs, above
stated. In his statement of events he is terse and ac-
curate, and in his editorials his reasoning is logic.
He has made the Advocate a representative of the
people composing the community where it is pub-
lished.
The Gilroy Crescent was established in January,
1888, by R. G. Einfalt. It started prosperously from
the first and has maintained its position ever since.
It is well conducted and thoroughly meets the demands
of its patrons, as its increasing business well proves.
Mr. Einfalt, its publisher, is a native son of the Golden
West,havingbeen born at Weaverville, Trinity County,
California, October 23, 1866. His parents were J. M.
and E. J. (Smith) Einfalt. His father is a native of
Germany and his mother of Missouri, her parents
having emigrated from Virginia to that State. In
1868, when Mr. Einfalt was only two years old, his
parents removed to Gilroy, and the subject of this
sketch grew up with the city.
During his course at the Gilroy High School, he
suspended his studies and went into the office of the
Valley Record, in 1883, where he remained two years
and a half He then returned to school and com-
pleted the course, graduating with honor. During
his connection with the Valley Record he developed
great journalistic ability, and, on leaving school, es-
tablished the Crescent. He is a member of the Gilroy
Parlor N. S. G. W., of which he is secretary. Al-
PEN PICTURES FROM THE "GARDEN OF THE WORLD."
107
though a young man, he is greatly respected, both on
account of his worth as a citizen and his abiHty as
a journalist.
The Valley Record, of Gilroy, was established May
7, 1 88 1, by E. S. Harrison. In 1884 it was purchased
by B. A. Wardell. He negotiated its sale to other
parties, who changed the name to the Gilroy Gazette,
but the conditions not being complied with, the paper
reverted to Mr. Wardell, who is its present publisher
and editor.
Mr. Wardell has had quite an eventful life. He
was born in New York City, January 15, 1830. He
traces his ancestry on his father's side back to the
early settlement of New Jersey in colonial times, the
family coming from Wales and locating at the beach
at Long Branch, which took the name of Wardell's
Beach. His father was a wholesale merchant in New
York City. His mother's family is one of the oldest
in New York. Her father was a sea captain engaged
in the East India trade. The subject of this sketch
was reared in New York City, and began his business
career in a China shipping house. The firm sent him
to China in 1845 for the benefit of his health. On
reaching Shanghai he accepted the position of book-
keeper in the house of Wetmore & Co. In about a
year this firm failed and Mr. Wardell went into busi-
ness with a fellow-clerk at Foochow; at the end of
two years he sold out and established a general ship-
ping house at Shanghai, under the firm name of Howe
& Co. This firm bought the first steamer from Cali-
fornia, the Santa Cruz, to run on the Yang-tse-Kiang.
Afterwards they purchased the John T. Wright in
San Francisco, and these, with the steamer Helles-
pont, purchased in China, constituted the line run-
ning from Shanghai to Hongkong. He closed out
his business in China in 1863, returning to the United
States via Europe. The money he had made in
China was dropped in unsuccessful speculations in
Wall Street, and in 1872 he started for California, in-
tending to locate in Los Angeles. This was before
the boom, and, not being satisfied with the appear-
ance of the Southern country, he went to San Fran-
cisco and accepted the position of cashier in the of-
fice of the San Francisco Chronicle. He remained
there until 1 884, when he purchased the Valley Rec-
ord, as before stated. Mr. Wardell is a member of
the F. and A. M. in Gilroy, the I. O. O. F. and the
A. O. U. W. in San Francisco, and the O. E. S. in
Gilroy. He was married in California, in 1876, to
Miss Pauline Fliess, a native of Vienna, Austria. Mr.
Warden's business experience and literary ability have
enabled him to make the Gazette a flattering success.
The Los Gatos Weekly Mail is a seven-column folio,
published by the Mail Publishing Company, the fol-
lowing gentlemen being the officers: Peter Johnson,
president; Wm. P. Hughes, editor and manager. It
is one of the neatest looking and most ably edited
country papers in California. Established in 1884,
it met with success from the start. But after about
eight months, the manager, H. H. Main, chairman of
the Board of Supervisors, becoming interested in many
other enterprises, found that the Mail or his other
business would have to be given up, so he sold to
Wm. P. Hughes, the present editor and manager, and
practical proprietor.
Mr. Hughes had a great many disadvantages to un-
dergo, but with energy, perseverance, and intelligence
he has made the Mail what it is to-day — first-class in
every respect, and paying handsomely. Its circula-
tion is large and rapidly increasing, and the people of
the section have the utmost confidence in it.
Wm. p. Hughes, the editor and manager of the
Mail, was born in Salem, Marion County, Illinois, on
October 14, 1857. His parents removed to Dixon,
Lee County, Illinois, in 1859, thence to Austin,
Texas, where Mr. Hughes resided until ten years of
age, when he left home, went to San Antonio, Texas,
and engaged, with a namesake, Thomas Hughes, to
go up the Chism trail, through the Indian Territory,
with a herd of ten thousand cattle. After arriving in
Parker, a town near the border of the Territory, in
Kansas, he engaged as an apprentice on the Journal,
a cow-boy paper published there at that time. After
serving about a year he went to Topeka, the capital,
and served three years on the Daily State Gazette,
when he left for Quincy, Illinois, where he joined the
Typographical Union, of which society he is an hon-
ored member to-day. He then traveled extensively
throughout the United States and Canada, working
on the most influential dailies in North America,
when he returned to his old home in Austin in 1876.
In the spring of this year he joined the Frontier
Battalion of the State of Texas, known as the Texas
Rangers, and served with honor and credit to him-
self and State until November 30, 1877, when he re-
ceived an honorable discharge. He was the youngest
member ever in that service. He then foremanized
on various papers in Texas, and went to New Orleans
in the fall of 1878, where he worked on the Democrat.
In the spring of 1 879 he took a trip up the Mississippi
River, visiting Vicksburg, Memphis, Cairo, and St.
108
PEN PICTURES FROM THE "GARDEN OF THE WORLD:
Louis, thence to Kansas City, and finally to Denver,
where he remained until August, when he went to the
then "booming" mining camp of Leadville, where he
resided for nearly two years, working on the Clironi-
cle and dealing in mining property.
In the fall of 1881 he went to Laramie City, Wy-
oming Territory, where he took the position of fore-
man on the Evening Times, which he held for about
a year, when he came to California. After residing
in San Francisco and Sacramento about six months,
he returned to Laramie, at the urgent request of the
proprietor, to resume charge of the composing room
of the Times. Here he fell a victim to Cupid's darts,
and married his present wife, the daughter of P. G.
Murphy, one of the best-known and most highly re-
spected ranchers in the Rocky Mountains. He and
his wife then went to Denver and Pueblo, Colorado,
where they resided until 1883, when they went to
Eureka, Nevada. Mr. Hughes held a responsible
position on the Sentinel until December, 1884, when
he removed, with his family, to San Francisco.
In January, 1885, he purchased the controlling in-
terest in the Los Gatos Mail.
He is a young man, thirty years old, and is possessed
of that force of character which always places a man
in the front rank, and yet has that control over his
temper, smoothness of disposition, courteous and ur-
bane nature, which make him universally esteemed.
The Los Gatos Weekly News was established July
2, 1 88 1, by W. S. Walker, who went to Saratoga, on
the advice of friends, to start a newspaper enterprise
in that town, but, passing through Los Gatos, saw that
it had a bright future before it, and at once com-
menced the publication of the News, a five-column
quarto, with "patent inside." He afterward increased
the size of the paper to a six-column quarto, still
using " ready prints." By his enterprise, and a con-
stant advocacy of Los Gatos' splendid claims, the
town received new life, and Mr. Walker had a liberal
patronage for his pioneer paper of the foot-hills. In
April, 1885, Mr. Walker sold out the News to Messrs.
W. H. B. Trautham, C. C. Suydam, and G. Webster.
In March, 1886, Mr. Webster sold out his interest to
W. H. B. Trautham and C. C. Suydam, the present
owners and publishers of the paper.
The paper has been, and is yet, independent in
politics, and is devoted to the horticultural and viti-
cultural interests of the upper part of Santa Clara
Valley; and it has been a 'powerful factor in the on-
ward march of that section. In March, 1887, the
publishers cast aside the " ready prints," and im-
proved the typographical appearance of the paper,
which has had a liberal patronage from its founding.
The editor of the News, W. H. B. Trautham, was
born in Greene County, Missouri, March 16, 1847.
The early part of his life was spent on a farm in his
native county. After a solicitous life incident to the
battles in and near Springfield, he entered the dis-
trict schools, and soon made a teacher of himself, but
not being content with the education attained, com-
menced a course of study in the Missouri University
in 1868, and graduated from that institution in 1872.
At the close of his college life, Mr. Trautham became
the principal of the Varona, Missouri, public schools,
which position he held for two years, when he was
unanimously called by the Board of Education of
North Springfield, Missouri, to the head of that insti-
tution. At the end of four years, his health having
somewhat failed, he resolved to give up teaching and
bought a half interest in the North Springfield South-
zvester, but the Board of Education of the city of
Springfield prevailed on him to take charge of their
High School, which position he gave up in the spring
of 1878, to give his undivided attention to the journal-
istic venture. The paper was improved, and a daily
inaugurated. Poor health, in the spring of 1884, made
another change necessary, when the Soiithwester news
and job offices were sold out, and Mr. Trautham came
with his family to Los Gatos, where he has entirely
regained health, and where he has been constantly
connected with the Neivs since 1885.
In 1885 a weekly paper called the Courier was pub-
lished at Mountain View, by George Wagstaff It
was in existence but a few months.
'Y\\& Mountain View Weekly Register commenced
publication in April, 1888, under the auspices of the
Register Publishing Company, with Harry Johnston
as editor and F. W. Bacon as manager. The paper
is well conducted, newsy, and a staunch representa-
tive of the community in which it is published. The
business management shows an intelligent energy that
will insure success, while the editorial and literary de-
partments are of a character that would do credit to
many other more pretentious journals.
THE first election for officers was held May, 1850,
and the following were chosen: —
J. W. Redinon, county judge.
H. C. Melone, county clerk.
J. T. Richardson, county recorder.
John Yontz, county sheriff.
John M. Murphy, county treasurer.
J. H. Moore, county attorney.
Charles E. Allen, county assessor.
Another election was called for the first Wednesday
in September of the same year, but as this day fell on
the fourth of the month, and the State was not ad-
mitted until the ninth, the election was illegal and the
old officers held over until 1851, when the following
were elected: —
H. C. Melone, clerk.
Joseph Johnson, sheriff.
F. G. Appleton, treasurer.
J. M. Murphy, recorder.
J. H. Moore, county attorney.
W. Gallimore, assessor.
There is no existing record of these two elections,
and therefore we are unable to give the number of
votes cast for each candidate. From this time, how-
ever, the record is complete, and the following tables
will show the names of each candidate, the number of
votes received by each, and the party to which he
belonged. The following abbreviations are used: W
for Whig; D, Democrat; DD, Douglas Democrat ; R,
Republican; I, Independent; P, People's ; T, Temper-
ance; WM, Workingmen's; NP, Non-partisan; KN,
Knownothing; YM, Young Men's; A, American; Pn,
Prohibition; G, Greenback.
1852.
State Senator —
Jacob Grewell (W) 833
J. F. Williams (D) 704
Members of Assembly —
Henry C. Smith (D) 806
Wm. S. Letcher (D) 805
Wm. E. Taylor (W) 790
Albert Warthen (W) 742
District Judge —
Craven P. Hester (W) 906
Peter O. Minor (D) 613
County Attorney —
Jno. H. Moore ( W) 77 1
C. T. Ryland (D) 762
Public Administrator —
Thos. Campbell (W) 790
County Assessor —
Thomas S. Burnett (W) 77%
Isaac N. Senter (Dj 765
County Treasurer —
Wm. Aikenhcad (W) 799
Total vote of county 1,61 1
I8S3-
Members of Assembly —
Wm. S. Letcher (W) 1,046
F. S. McKinney (W) 1,009
J. R. Weller(D) 900
D. W. Dickey (D) 771
County Judge —
R. B. Buckner (Wj 1,010
F. W. White (D) 874
County Clerk —
John B. Hewson (W) 1,072
S. J. Easley (D) 810
Sheriff—
Wm. McCutchen (W) 996
D. O. Houghton (D) 883
District A ttorney —
Jno. H. Moore (W) 998
Couttty Recorder — ■
S. A. Clark (W) 982
J. M. Mur,.hy (D) 915
County Treasurer —
F. G. Appleton ( W) 996
H. C. Skinner (D) 885
Public Administrator —
F. D. Hawkins (W) 1,052
A. Shearer (D) 797
County Assessor —
J. H. Morgan (W) 1,033
E. P. Reed(D) 838
(109)
110
PEN PICTURES FROM THE "GARDEN OF THE WORLD."
County Surveyor—
W. J. Lewis (D) I,ii6
Wm. Campbell (W) 737
Coroner —
Asa Finley (W) 966
Solomon Rogers (D) 867
Total vote of county i,794
1854.
State Senator —
Sherman Day (D) 1,022
Wm. S. Letcher (W) 857
Members of Assembly —
C. T. Ryland (D) 1,275
Wm. R. Gober (W) 861
Isaac N. Senter (D) 842
F. S. McKinney (W) 640
Public Administrator —
Cornelius Yeager (D) 1,124
J. A. Moultrie (W) 716
Scattering i
County Assessor —
Wesley Gallimore (W) 915
E. P. Reed (D) 889
D. Jackson 20
Total vote of county 1,879
1855.
Members of Assembly —
George Peck (KN) 1,065
Caswell Davis (KN) 1,055
W. J. McClay (,W) 1,014
Augustus Redmon (D) 1,006
Sheriff—
Philip T. McCabe (KN) 1,085
S. O. Houghton (D) 990
County Clerk —
John B. Hewson (KN) 1,124
Joseph R. Weller 973
County Treasurer —
F. G. Appleton (D) 1,080
N. E. Branham (KN) 1,028
County Recorder —
S. A. Clark (KN) 1,143
Green Hanna (D) 958
County Assessor —
Jno. C. Bland (KN) 1,036
E. P. Reed (D) 1,034
District Attorney —
J. Milton Williams (KN) 1,082
Wm. Matthews (D) 1,017
Public Administrator —
A. B. Caldwell (KN) 1,104
John Yontz (D) %77
County Surveyor — ■
L. B. Healy(KN) 1,152
J. R. Conway (D) 938
Coroner —
H. P. Swain (KN) 1,103
Harry Wade (D) 98 1
Superintendent of Schools —
Freeman Gates (KN) 1,068
A. T. Swart (D) 1,025
Prohibitory Liquor Law, Yes, 690; No, 525.
Total vote of county 2,129
1856.
State Setiator —
John Williams (W) 727
Noble Hamilton (D) 488
Sam'l B. Bell 772
Members of Assembly —
H. J. Bradley (W) 671
F. S . McKinney (W) 603
L. C. Everett (D) 545
Wm. M. Lent (D) 521
Jno. A. Ouimby (R) 787
Noah PaTmer (R) 775
Total vote of county 2,064
1857.
Pay the State Debt, 768; Repudiate the State
Debt, 919.
Members of Assembly —
Solon S. Simons (D) i ,404
W. W. McCoy (D) 1,407
John A. Quimby (R) 722
Noah Palmer (R) 763
County fudge — •
John H. Moore (D) i,390
A. L. Rhodes (R) 772
County Clerk —
John B. Hewson (D) 1,370
E. A. Clalk (R) 778
District Attorney —
J. Alex. Yoell (D) 1,399
Juhan Smart (R) 676
A. Redmon (I) 3
Sheriff—
John M. Murphy (W) 987
H. H. Winchell (R) 520
Philip T. McCabe (I) 680
County Recorder —
Austin M. Thompson (D) 1,280
S. A. Clark (R) 884
J. A. Clark (I) 3
County Treasurer —
H. C. Malone (D) 1,337
F. G. Appleton (R) 938
PEN PICTURES FROM THE "GARDEN OF THE WORLD.'
Ill
County Assessor —
W. H. Patton (D) i,o8o
Robert Hutchinson (R) 603
John C. Bland {\) 449
Wm. Campbell (I) 47
Public Administrator —
A. B. Caldwell (D) 1,487
Harry Wade (R) 654
County Surveyor —
Chas. T. Healy (D) 1,435
H. C. Benson (R) 742
Superintendent of Schools —
Matthew Mitchell (D) 1,328
James Rogers (R) 811
Freeman Gates (i) 2
Coroner —
Thomas J. Ingersol (D) 1,453
P. M. Fowler (R) 716
Total vote of county 2,289
1858.
State Senator —
R. A. Redmon (D) 1,004
Sam'l B. Bell(R) 613
Members of Assembly —
James P. Springer (D). . . . ; 910
E. C. TuUy (D) 1,005
Thos. J. West (R) 746
E. D. Bevens (R) 624
Public Administrator —
Jas. H. Kincaid (D) 1,027
Robert Hutchinson (R) 616
Total vote of county 1,71 7
1859-
For Governor —
Milton S. Latham (D) 1,407
Leland Stanford (R) 626
John Carney (I) 367
Members of Assembly —
Jno. Milton Williams (D) 1,433
D. B. Bailey (D) 1,349
Thos. J. West (R) 1,075
H. D. Van Shaick (R) 772
Sheriff-
Jno. M. Murphy (D) 1,334
Ja.s. H. Morgan (R) 968
District Attorney —
A. L. Rhodes (R) 1,237
Chas. B. Younger (D) 968
County Recorder —
Jno. R. Wilson (D) 1,510
C. M. Putney (R) 782
S. A. Clark 2
County Treasurer —
H. C. Melone (D) 1,406
C. W. Pomeroy (R) 924
County Assessor —
Wm. R. Davis (D) 1,227
James Brownlce (R) 1,089
County Surveyor —
Charles T. Healy (D) 1,722
Public Administrator —
Wm. Daniels (D) 1,635
John Cook (R) 661
Coroner —
Thos. J. Ingersol (D) 1,311
Jacob Allen (R) 992
Superintendent of Schools —
Matthew Mitchell (D) 1,198
Freeman Gates (R) i ,092
County Clerk —
Jno. B. Hewson (D) i ,408
David B. Moody (R) 900
A. L. Rhodes 11
Total vote of county 2,458
1 86a
Pay the State Debt, 684; Repudiate the State
Debt, 660.
State Senator —
Jno. H. Moore (DD) 922
A. L. Rhodes (R) i,477
Wm. Van Voorhies (D) 618
Members of Assembly —
Daniel Murphy (DD) 952
H. D. McCobb (DD) 826
H. W. Briggs (R) 1,474
J. H. Morgan (R) 1,338
R. B. Buckner (D) 7SS
A. B. Caldwell (D) 627
Total vote of county 3,202
1861.
Members of Assembly —
Charles Maclay (R) 1,722
J. Brown (R) 1,636
John Zuck (R) 1,767
W. T. Wallace (D) 1,201
I. N. Thompson (D) 1,169
W. R. Bane (D) 1,030
Wm. M. Lent (DD) 604
John W. Owen (DD) 449
Jacob Doane (DD) 380
Scattering 2
County fudge —
Isaac Senter (R) 1,798
J. M. Williams (D) i,i49
S. O. Houghton (D) 368
J. S. Wallis (R) 4
112
PEN PICTURES FROM THE ^"GARDEN OF THE WORLD."
Comity Clerk —
Jas. A. Clayton (R) 1,691
E. Leavesly (D) 1,060
Levi P. Peck (D) 576
Sheriff—
J. F. Kennedy (R) 1.810
Wm. McCune (D) i ,302
Samuel L. Morrison (D) 221
County Treasurer —
C. W. Pomeroy (R) 1,912
J. P. Martin (D) 1,171
Jno. R. Wilson (D) 233
County Recorder —
L. C. Bostick (R) 1,801
G. B. Montgomery (D) 1,136
W. A. Senter (D) 399
District Attorney —
Frank E. Spencer (R) 1,780
Thos. H. Laine (D) 1,170
D. W. Herrington (I) m
Coujity Assessor —
D. M. Harvvood (R) 1,759
J. W. Eastin (D) 1,179
T. J. West (I) 409
Public Administrator —
Harry Wade (R) 1,751
A. B. Caldwell (D) 1,049
Henry Uhrbroock (D) 369
Superintendent of Schools —
S. S. Wiles (R) 1,791
M. Mitchell (D) 1,228
R. P. Thompson (D) 311
Tax Collector —
Noah Palmer (R) 1,731
Jno. M. Murphy (D) 1,389
Elliott Reed (I) 229
County Surveyor —
John Reed (R) 1,807
S. W. Smith (D) 1,281
C. T. Healy (D) 247
Coroner —
Jacob Allen (R^ 1,769
J. N. Brown (D) 1,165
A.J. Cory (I) 398
Total vote of county 3,447
1862.
State Senator —
Joseph S. Wallis (R) 1,747
Thomas Fallon (D) i ,426
Members of Assembly —
J.J. Owen (R) 1,684
J. W. Owen (R) 1,725
D. W. Herrington (R) i,73S
Solon S. Simons (D) i,4S7
Martin J. Murphy (D) 1,465
Cortes D. Cheney (D) i,459
Total vote of county 3, 1 73
1863.
State Senator —
Wm. S. McMurtry (R) 1,966
Wm. M. Lent (D) 1,479
Members of Assembly —
J. J. Owen (R) 1,921
H. D. Van Schaick (R) 1,967
Wm. Erkson {VC\ 1,966
P. B. Tully (D) 1,466
Cary Peebles (D) i ,470
Jesse Shuart (D) 1,481
Sheriff—
J. H. Adams (R) 1,978
Wm. Aram (D) 1,460
County Clerk —
Jas. A. Clayton (R) 1,964
John B. Hewson (D) 1,475
County Treasurer —
C. W. Pomeroy (R) i,957
Wm. H. Hall (D) 1,487
County Recorder —
M. Leavenworth (R).' 1,976
Wm. S. Letcher (D) 1,465
District Attorney —
F. E. Spencer (R) i,9S7
Jno. H. Moore (D) 1,483
County Assessor —
D. M. Harwood (R) 1,965
J. J. Rogers (D) 1,470
Public A dm iuistrator —
John Erkson (R) 1,967
Felix Raney (D) i ,472
Superintendent of Schools —
Wesley Tonner (R) i,97i
U. E. Squires (D) 1,469
County Surveyor —
A. D. Fuller (R) 1,968
S. W. Smith (D) 1,472
Coroner —
A. J. Cory (R) 1,973
G. B. Tollman (D) 1,471
Tax Collector —
Noah Palmer (R) 1,915
Martin Corcoran (D) 1,526
Total vote of county 3,559
1865.
State Senator —
W. J. Knox (R) 1,641
Chas. Maclay (I) i > 1 39
PEN PICTURES FROM THE "GARDEN OF THE WORLD."
113
Members of Assembly —
Jno. Zuck (R) 1 ,640
J. M. Cory (R) 1,668
A. B. Hunt fR) 1,574
D. S. Blanchard (I) 1,164
H. D. Coon (I) 1,157
Jno. Erkson (I) 1,172
Sheriff—
J. H. Adams (R) 1,741
Geo. H. Jefferson (I) 1,072
James Houston (D) 11
Tax Collector —
D. J. Burnett (R) 1,670
G. Brohaska (I) 1,132
County Clerk —
A. E. Pomeroy (R) 1,719
F. B. Murdoch (I) 1,077
County Recorder —
M. Leavenworth (R) 1,727
B. F. Headen (I) 1,088
County Treasurer —
A. McCall (R) 1,638
R. G. Moody (I) 1,162
District A ttorney —
D. W. Herrington (R) 1,611
Chas. N. Senter (I) 1,176
T. H. Laine(D) 13
County Surveyor —
J. J. Bowen (R) 1,655
A. H. Parker (I) 1,156
Coroner —
A. J. Cory (R) 1,649
R. Eichler(I) 1,157
County Assessor —
W. O. Barker (R) 1,678
W. F. Hester (I) 1,125
Public Administrator —
W. W. Lawrence (R) i ,602
S. W. Brundage(I) 1,180
Superititendetit of Schools —
Wesley Tonner (R) 1,706
John Sharp (I) 1,103
Total vote of county 1,780
1867.
Members of Assembly —
D. Huber (R) 1,883
Wm. Erkson (R) 1,889
J. F. Holloway (R) 1,838
C. T. Ryland (D) 2,030
Jno. H. Moore (D) 2,002
W. Z. Angney (D) 1,992
15
Sheriff—
J. H. Adams (R) 1,995
N. R. Harris (D) 1,895
Tax Collector—
D. J. Burnett (R) 1,909
Martin Corcoran (D) ',985
County Clerk —
A. E. Pomeroy (R) 1,902
J. B. Hewson (D) 1,983
County Recorder —
M. Leavenworth (R) 1,912
J. R. Johnson (D) 1,973
County Treasurer —
D. B. Moody (R) 1,906
Thos. Fallon (D) 1,975
District Attorney —
J. H. Logan (R) 1,901
D. M. Delmas (D) 1,988
County Siirveyor —
William Isaacs (R) 1,921
A. H. Parker (D) 1,964
Coroner —
Jacob Allen (R) 1,907
J. Turner (D) 1,989
County Assessor —
D. R. Jaynes (R) 1,906
Henry Phelps (D) 1,977
Public Administrator —
J. M. Billings (R) 1,897
Wm. M. Lovell (D) 1,992
Superintendent of Schools —
Stephen McPherson (R) 1,928
J. H.Braly(D) i,947
County fudge —
R. F. Peckham (R) 1,581
L. Archer (D) i,794
Total vote of county 3.384
1S69.
State Senator —
Chas. Maclay (D) 2,125
Charles Silent (R) i,9S7
Members of Assembly —
Wm. B. Shoemaker (D) 2,165
B. D. Murphy (D) 2,229
Thos. R. Thomas (D) 2,192
E.A.Clark fR) 1,94'
H. D. Van Schaick (R) 1,924
J. P. Sargent (R) 2,02 1
Sheriff—
N. R. Harris (D) 2,229
R. B. Hall (R) 1,887
114
PEN PICTURES FROM THE "GARDEN OF THE WORLD."
Coiinty Clerk —
Jno. M. Littlefield (D) 2,141
Edgar Pomeroy (R) 2,032
County Recorder —
Jos. R. Johnson (D) 2,242
John E. Youngberg (R) 1,924
Coicnty Assessor —
Henry Phelps (Dj 2,246
W. A. Z. Edwards (R) 1,918
District A ttorney —
J. M. Williams (D) 2,180
S. A. Barker (R) i,97S
Treasurer and Collector —
M. Corcoran (D) 2,262
W. J. Colahan (R) 1,911
County Surveyor —
A. H. Parker (D) 2,184
L. B. Healy (R) 1,983
Superintendent of Schools —
Nicholas Eurlong (D) 2,220
J. R. Brierly (R) 1,930
Coroner —
Luke Robinson (D) 2,216
A. J. Cory (R) i ,949
Pu blic A dm in isti-ator —
John M. Swinford (D) 2,217
J. M. BilHngs (R) 1,943
District Judge —
P'rancis E. Spencer i,599
Sam Bell McKee i ,500
Total vote of county 3.099
1871.
Member of Congress —
Lawrence Archer (D) 2,369
S. O. Houghton (R) 2,808
Members of Assembly —
; no. H. Moore (D) 2,494
Isaac H. Harris (D) 2,285
John O'Toole (D) 2,309
Frs. E. Spencer (R) 2,822
J. P. Sargent (R) 2,854
F. C. Franck (R) 2,777
County Clerk —
J. V. Tisdall (D) 2,418
Cornelius Finley (R) 2,762
Comity Recorder —
Jno. R. Wilson (D) 2,389
D. C. Bailey (R) 2,789
L. C. Bostick (I) 12
District A ttorney —
Wm. M. Lovell (D) 2,573
J. C. Black (R) 2,626
Sheriff—
N. R. Harris (D) 2,490
J. H. Adams (R) 2,615
Treasurer and Collector —
M. Corcoran (D) 2,599
R. K. Ham (R) 2,589
County Assessor —
Henry Uhrbroock (D) 2,536
Thos. M. Lilly (R) 2,660
Superintendent of Schools —
Jno. H. Braly (D) 2,467
G. F. Baker (R) 2,712
County Surveyor —
E. Raynor (D) 2,485
A. T. Herman (R) 2,722
A. Parker i
Public Administrator —
Jno. Paine (D) 2,472
J. H. Morgan (R) 2,721
Coroner —
J. Turner (D) 2,449
A. J. Cory (R) 2,755
For Selling R. R. Stock, 2,001; Against Selling R.
R. Stock, 2,368.
County Judge —
R. I. Barnett (D) 1,479
D. S. Paine (R) 2,287
Total vote of county 5,217
1S72.
For Congress —
S. O . Houghton (R) 2,049
E. J. C. Kewen (D) 1,71 1
1873-
State Senator —
W. S. McMurtry (R) 1,721
Thomas H. Lainc (I) 2, 1 56
Charles Maclay (D) 329
Members of Assembly —
Thomas Rea (R) 2,033
F. C. Frank (R) 2,203
J. W. Haskell (R) 1,766
J. A. Moultrie (I) 1,939
J. M. Cory (I) 1,738
Alex. Hay (ij i,994
John M. Bruen (D) 269
J. F. Holloway (I) 277
County Treasurer —
D. C. Bailey (R) 2,505
Geo. W. Zimmer (I) 1,582
A. B. Moffit (D) 83
County Clerk —
Cornelius P'inley (R) 2,354
John B. Hewson (I) 1,816
PEN PICTURES FROM THE "GARDEN OF THE WORLD."
115
Auditor —
H. Fairfield (R) 2,214
J. M. Braly (I) 1,768
John M. Littlefield (D) 155
Sheriff—
J. H. Adams (R) 2,233
S. W. Boring (I) 1,946
Tax Collector —
James H. Morgan (R) 2,227
B. F. Headen (I) 1,532
Jos. Ingham (D) 483
District Attorney —
J. C. Black (R) 2,057
Thos. Bodley (I) 2,101
— Bartlett i
Recorder —
Wm. J. Colahan (R) 2,496
E. H. Swarthout (I) 1,486
John Coombe (D) 1 
