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I  m^iJ.    ^  ,y 


(the  new  YORK 

'PUBLIC- LIBRARY 


a8t0h,  l^nox  and 
til»e;j  founbat(on8. 


_^  .^ 


HISTORY 


-OF- 


Santa  Clara  County,  California; 


INCLUDING    ITS 


Geopapliy,  Geoloe,  Topoirapliy,  Climatopply  M  Descriptloi, 


TOGETHKK    WITH 


A  Record  of  the  Mexican   Grants;   Its  Mines  and  Natural 
Springs  ;   The  Early  History  and  Settlements,  Compiled 
FROM  THE  Most  Authentic  Sources  ;    The  Names  of 
Original  Spanish  and  American  Pioneers  ;  Full 
Legislative  History  of  the  County  ;  Sepa- 
rate  Histories  of  Each  Township, 
Showing  the  Advance  in  Popu- 
lation AND  Agriculture. 


ALSO 


INC/DENTS   OF  PUBLIC  LIFE;  THE   MEXICAN    WAR;    AND   BIOGRAPHICAL 

SKETCHES  OF  EARLY  AND  PROMINENT  SETTLERS  AND 

REPRESENTATIVE  MEN ; 


AND   OF    ITS 


Cities,  Towns,  Clmrclies,  Colleges,  Secret  Societies.  Etc.,  Etc. 


ILLUSTRATED. 


SAN  FRANCISCO: 

ALLEY,    BOWEN    &    CO,    PUBLISHERS. 

1881. 


^"^LIC  library: 


'^'-7 


ENTrRED   ACrOEBING   TO    ACT   OF    CONGRESS,    TN   THE  TEAR    1881,    BY    AlLEY,    BoWEN    &    Co., 

rs  THE  Ofeipe  of  the  Lrp.RARiAK  OF  Congress,  at  Washington,  D.  C. 


PACIFIC   PRESS, 
PRIMTBRH,  HTKREOTTPKRS   AND   BIKDBRS, 
OAKLAND,   CALIFORNIA. 


PREFACE. 


The  History  of  Santa  Clara  County  was  undertaken  now  nearly  a  twelve- 
month since ;  the  result  of  our  labors  will  be  found  in  the  following  pages. 
We  claim  no  literary  merit  for  our  work.  Our  aim  is  to  please  the  majority 
by  presenting  a  volume,  wherein  will  be  found  in  convenient  shape  the  prin- 
cipal events  that  have  transpired  within  the  county  limits. 

To  the  old  settler,  to  the  pioneer  citizen,  the  events  recorded  in  these  pages, 
many  of  them  in  which  he  has  figured,  and  which  have  been  gradually  and 
surely  fading  from  the  mind,  will  be  as  a  revival  of  by-gone  associations. 
The  emulation  of  the  sire  will  be  revived  in  the  son.  The  ground  that  he 
rescued  from  the  wilderness  will  be  made  holy,  while  the  infant  will  be 
taught  to  look  with  reverence  upon  the  book  which  holds  the  annals  of  his 
parent's  wanderings,  and  the  rise  and  progress  of  his  native  county. 

Unhappily  many  matters  that  should  have  found  a  place  in  this  volume, 
and  several  biographies  have  been  omitted,  this  not  through  any  dereliction 
on  our  part;  on  the  contrary,  every  effort  has  been  made  to  make  the  work 
as  complete  as  might  be. 

In  conclusion  we  have  to  thank  the  residents  of  the  county  for  their  almost 
uniform  kindness  in  imparting  information,  while  our  acknowledgements 
are  due  to  "Hall's  History  of  San  Jose;"  Hon.  J.  J.  Owen,  of  the  San  Jose 
Mercury;  F.  B.  Murdoch  Esq.;  Givens  George,  Esq.;  S.  W.  DoLacy,  of  the 
Daily  Morning  Times;  the  publisher  of  the  Daily  Herald;  and  last  though 
not  least,  A.  P.  Murgotten  of  The  Pioneer.  To  the  County  and  City  Officers, 
one  and  all,  we  owe  a  deep  debt  for  valuable  assistance  in  unraveling  the 
archives  of  the  two  governments,  while,  especially  are  our  thanks  offered  to 
Horace  S,  Foote,  for  the  important  data  embodied  in  our  list  of  oounty  and 
township  officers. 

J.  P.  Munro-Fraser, 

Hisfonan. 
ALLEY,  BOWEN  &;  CO. 
San  Francisco,  August,  1881. 


INDEX. 


GENERAL    HISTORY. 


Geographical  Situation  and  Area  17 

Derivation  of  Name ,  17 

Population 18 

Geology  and  Mineralogy 18 

Topography 20 

Soil  and  Productions 22 

Artesian  Wells 23 

Climatography 25 

The  Thermal  Belt 27 

Mean  Temperature .  - -  28 

Rain-fall 28 

General  Remarks 28 

Earthquakes 29 

Descriptive 30 

Mines  and  Springs 32 

The  New  Almaden  Mine 32 

The  Enriquita  Mine 37 

The  Pacific  Congress  Springs  39 

The  Madrone  Springs 40 

The  Gilroy  Hot  Springs 41 

Mill's  Seltzer  Springs 43 

Early    History    and    Settle- 
ment      44 

The  Mexican  War 105 

The  Legislative   History  ...  127 
The     Organization     of     the 

County 127 

Original  County  Boundary..  129 

Court  of  Sessions 129 

Original    Township  Bounda- 
ries  130 


Washington 

San  Jose 

Gilroy 

Santa  Clara 

Redwood 

Board  of  Supervisors 

Present  County  Boundary. . . 
Present  Township  Bound- 
aries   - 


Fremont 

Redwood 

Gilroy 

Burnett - 

Milpitas    

Alviso 

Santa  Clara 

New  Almaden 

San    Jose 

School  Districts 

Election  Distincts 

Road  Districts - 

Court  of  Sessions  and  Board 

of  Supervisors 

Post-Offices 

County  Buildings 

Court  House 

County  Jail 

County  Infirmary 

The  Political  History  of  the 

County 

Mexican  Government 


130 
130 
131 
131 
131 
131 
131 

132 
132 
133 
133 
134 
134 
135 
135 
135 
130 
137 
137 
138 

130 
140 
141 
141 
14(1 
147 

WJ 
149 


Vi  INDEX. 

Military  Government 150 

Constitutional  Convention 151 

San  Jose  made  State  CajMtal-    151 
Members  of  First  Legislature  153 

Senators 153 

Assemblymen    154 

Governor    Brunett    Assumes 

Office 155 

State  Capital  Eemoved 155 

Judicial  Districts 158 

County  Court. .-   158 

Conventions -   170 

County  Vote 172 

Mexican  Grants 174 

liincofiada     del     Arroyo    de 

San  Francisquito 174 

LasUvas 176 

La  Polka.. 176 

San  Antonio 177 

liincofiada  de  los  Gatos 178 

Los  Choches 179 

La  Purisima,  Concepcion 179 

Solis 180 

Las  Animas 180 

Santa  Teresa 182 

Quito 183 

Los  Capitancillos 184 

'•  James  Enright" 188 

■'  Mary  S.  Bennett" 190 

Mafiada  de  Corte  Madera 192 

Santa  Clara  Orchard...    194,  200 

List  of  Land  Claims 210-218 

Homicides 219 

Mrs.  Fielding  Wills 219 

Alex.  W.  McClure 220 

Louis  Lemercier 220 

Lynching  of  Kelley 221 

A  ugustin  C.  Hall 221 


Chilenian  (name  unknown)..   221 
Francisco   Peralta   alias  Don 

Pancho 222 

Pedro  Arevena 222 

Dolores  Araya .  -  -   223 

Jose  Galindo 223 

Mexican  (name  unknown) —  223 

Mrs.  Olive  Knapp 224 

Louis  Pvelgalado 224 

Francisco  Berreyessa 224 

Jose  (a  Mexican) -  224 

Paul  C.  Shore 224 

Samuel  J.  Crosby. -   225 

L.  Posey  Fergusson 225 

Francisco   Hernandez 226 

Eafael  Ortez 226 

William  Blanch 262 

John  Bee 226 

Samuel  Philips 227 

Mrs.  Kelley 227 

Pedro  (a  Spaniard) 227 

Martin  J.  Eoohan 228 

Peter  Yeuve 230 

Jose  Morio  de  Polycarp 231 

Joseph  Henman 231 

John  Churchill 231 

James  Saxton 231 

James  Santina 231 

Van    Cleave 231 

The  People  vs.  Ah  Pah 232 

Osaque 232 

Charles  Cheeny 232 

Joseph  Pelligrini 232 

Juan  Jose  Podriguez 232 

Bernada  Zunaga 232 

The  People  vs.  Edwards 232 

Hendricks 232 

Jose  (at  Mountain  View) 233 


INDEX. 


VU 


Thomas  Walker 233 

David  Patton 233 

William  Cooper 234 

Harry  Love.. 235 

Mrs.  John  Huser 236 

Beckwith  Kelley 237 


Chinaman  on  Coo's  Ranch. . .  237 

Taylor  Hale 237 

Arthur  Parsons 238 

People  vs.  George  Rashton  . .  238 

Pottet.. 238 

Conratera 239 


TOWNSHIP   HISTORIES. 


Almaden  Township 240 

Geography 240 

Topography 240 

Soil 240 

Products 240 

Timber 240 

Climate 240 

Early  Settlement 240 

Goodi'ich's  Free-stone  Quarry  242 

Alviso  Township 244 

Geography 244 

Topography 244 

Soil 244 

Products 244 

Climate 244 

Early  Settlement 244 

Alviso _ 248 

Alviso  Lodge,  No.  77,  A.  O. 
U.  W 251 

Alviso  Mills... 252 

Burnett  Township 253 

Geography 253 

Topography 253 

'  Soil.. 253 

Products 253 

Timber   253 

Climate 253 


Early  Settlement 253 

Tennant's  Station 254 


Fremont  Township 

Geography 

Topography  _ ^ 

Soil 

Products 

Timber 

Climate 

Early  Settlement 

Mountain  View 

Mountain  View  Lodge,  No 

244,  I.  O.  O.  P..._ 

Mountain  View  House 

Enterprise  Hall 

Mountain  View  Station 

M  .E.  Church,  South 

Mountain  View  Lodge,  No. 

194,  F.  and  A.M 

Mountain  View  Lodge,  No. 

59,  A.  O.  U.  W.  .... 
Golden  Wreath  Lodge,  No. 

327,  L  O.  G.T 

Mountain  View  Hotel 

Warehouses 

Mayfield 

Mayfield  Lodge,  No.  192,  L 
O.  O.  F 


255 
,  255 
255 
255 
255 
255 
255 
256 
262 

263 
263 
263 
263 
264 

264 


._  265 


265 
266 
266 
266 

269 


Vm  INDEX. 

Lumber  Yard 269 

Mayfield  Eailroad  Brewery  270 

GiLROY  Township 271 

Geography 271 

Topography 271 

Streams...    ....' 271 

Climate 271 

Soil 271 

Products 272 

Timber.... 272 

Early  Settlement ^ 272 

San  Ysidro  or  Old  Gilroy..   278 

GiLROY 279 

M.  E.  Church,  South 291 

St.  Mary's  Catholic  Church  292 

Christian  Church 293 

M.  E.  Church 293 

Presbyterian  Church 293 

Prot'st'nt  Episcopal  Church  294 

Gilroy  nigh  School 295 

Keith  Lodge,  No.  187,  F.  & 

A.  M 299 

Gilroy  Lodge,  No.  154,   I. 

0.0.  F. 300 

Gilroy  Lodge,  No.  26,  A.  0. 

U.  W 300 

Gilroy  Fire  Department...   300 

Gilroy  Water  Company 301 

Gilroy  Gas  Company 301 

Gilroy  Cheese  Factory 301 

Gilroy  Brewery 301 

Bodfish  Mills 301 

Gilroy  Planing  Mills 302 

Santa  Clara  Valley  Mills..   302 
Gilroy   Wagon  and  Black- 
smith Shop 302 

Williams  Hotel 302 

Eailroad  House 303 


Gilroy  Advocate 303 

San  Felipe 303 

San  Felipe  Hotel 303 

San  Felipe  Cigar  Factory . .  303 

MiLPiTAs  Township 304 

Geography 304 

Topography  .  . 304 

Soil 304 

Products -   304 

Timber 304 

Climate 304 

Early  Settlement 304 

MiLPITAS 306 

Eedwood  Township 307 

Geography _  _   307 

Topography 307 

Soil.. 307 

Products 307 

Timber 307 

Climate 307 

Early  Settlement 308 

Los  Gatos 310 

Los  Gatos  Lodge,  No.  76, 

A.O.  U.  W 312 

Victoria  Lodge,  No.  328,  I. 

O.  G.  T 312 

Los  Gatos  Flouring-Mill . .    313 

Lyndon    Hall 313 

Los  Gatos  Hotel 313 

Davis     &      Crowell    Lime 

Quarry 314 

Eemillard  Lime  Quarry 314 

Saratoga 314 

Saratoga  Paper-Mill 3l5 

Caledonia  Pasteboard-Mills  315 

Lexington 316 

Alma 316 


Wright's  Station 316 

San  Jose  Township  and  City.  .   317 

Original  Plat  of  Pueblo 320 

First  Presbyterian  Church.  .   464 

M.  E.  Church 481 

M.  E.  Church,  South 452 

Trinity   Church  (Ej^iscopal) .  484 

First  U.  P.  Church 485 

First  Congregational  Church  485 

German  M.  E.  Church 486 

Society  of  Friends 487 

College  of  Notre  Dame 487 

State  Normal  School 493 

San  Jose  Lodge,  No.  10,  F  & 

A.  M 495 

Garden  City  Lodge,  No.  142, 

LO.  O.  F 495 

Stella   Eebekah   Lodge,   No. 

22,  L  0.  O.  F ..496 

Grange  Lodge,  No.  295,  1.  O. 

G.  T 497 

Allemania  Lodge,  No.  178,  I. 

O.O.F 497 

Mt.  Hamilton  Lodge,  No.  43 

A.  O.  U.  W 497 

San  Jose    Stamn,  No.  77,  U. 

O.E.M 498 

Phil  Sheridan  Post,  No.  7,  G. 

A.   R 498 

Harmony  Lodge,  No.  4  (Sons 

of  Hermann) 499 

San  Jose  Turn-Yerein 499 

San  Jose  German  Yerein 499 

Handel  &  Haydn  Society 500 

S.  C.  Y.  Agricultural  Society  500 
Santa  Clara  County  Pioneers  510 

Bank  of  San  Jose... 514 

First  National  Bank... 515 


INDEX.  ix 

Flour-Mills 516 

Moody's  Mills 516 

Yineyard  Mills 516 

Foundries 516 

San  Jose  Foundry 516 

Joseph    Enright's     Engine 

Works 517 

F.  Kuchenbeiser's  Works. .  517 
San  Jose  Brass  Foundry..    518 

Alameda  Foundry 518 

Manufacturies 518 

Pioneer  Carriage  Manufac- 
tory   518 

Pacific  Carriage  Factory..  518 
Alameda  Carriage  Factory  519 
Globe  Carriage  Factory...  519 
Albert  Lake  Box  Factory.   519 

San  Jose  Box  Factory 519 

Eagle  Coffee  and  Spice  Mills  519 
Santa    Clara    Yalley    Mill 
and  Lumber  Co 520 

Independent  Mill  and  Lum- 
ber Co 520 

Sierra  Lumber  Co 521 

California  Broom  Factory.  521 
Angora  Eobe  and  Glove  Co.  521 
California  Glove  Factory . .  521 
Soda    Works    of   Williams 

Bros 522 

Eagle    Brewery 522 

Krumb's  Brewery. 522 

Lion    Brewery 523 

Fredericksburg  Brewery..  523 
Tannery    of    Grozelier    & 

Nelson. 524 

Soap  Manufactory  of  Carl 

Tischer 524 

I  San  J ose  Woolen-Mill 524 


INDEX. 

Fruit  Canning  and  Packing 

Establishments- 

528 

Porter  Brothers 

528 

San  Jose  Fruit  Packing  Co. 

528 

Golden  Gate  Packing  Co... 

529 

California     Fruit    Packing 

Co - 

529 

Non-Commercial      Corpora- 

^ 

tions 

529 

San  Jose  Gas  Co 

530 

San  Jose  and  Santa  Clara 

Horse  R.  E.  Co.!.. 

531 

Market  Street  and  Willow 

Glen  R.  R.  Co 

531 

Peoples  R.E.  Co 

532 

North  Side  R.  R.  Co 

532 

Bay  and   Coast  Telegraph 

Co 

532 
532 

Markets 

City  Market 

532 

Central  Market 

533 

Theaters,  Halls,  etc 

533 

San  Jose  Opera  House 

533 

California  Theater 

533 

Music  Hall 

534 

San  Jose  Water  Co 

534 

Live-Oak  Yineyard 535 

Newspapers -   536 

The  Pioneer 536 

Daily  Morning  Times 536 

San  Jose  Mercury -   537 

Daily  Herald - 538 

Santa  Clara   Township 539 

Geography 539 

Topography - 539 

Soil 539 

Products  .  - -  -  539 

Timber 539 

Climate 539 

Early  Settlement 539 

Santa  Clara  College 547 

Santa  Clara  Feed-Mill 550 

Pacific  Manufacturing  Co 550 

Santa  Clara  Tannery 550 

Santa    Clara   City   Flouring- 

Mills 551 

Santa  Clara  Brewery 551 

Davies  Machine  Shop 551 

Bank  of  Santa  Clara  County.  552 

Santa    Clara  Verein 552 

"  Meridian." 552 


BIOGRAPHIES. 


Allen.  Professor  Charles  H 681 

Ammen,  Robert  S 682 

Anderson,  Philip 682 

Anderson,  Robert 683 

Angncy,  W.  Z.  (Deceased) 592 

Anson,  George 593 

A  uzerais,  John  L 683 

Awbrey ,  Joseph 683 

Ayer,  Samuel  F 641 


Babb,  Silas  G 593 

Bailey,  Boanerges  P 555 

Bailey,  Doctor  B 577 

Baker,  Senator  George  F 684 

Baker,  Rev.  G.  R.  (Deceased)  .  684 

Balbach,  John 752 

Ballard,  John  H 569 

Barker,  Samuel  A 685 

Barnes,  Thatcher  F.. 562 


Barron,  Edward 577 

Barry,  John 754 

Barry,  Tom  C 754 

Beach,  Tyler 686 

Beauchamp,    Wm.  W 594 

Bclden,  Hon.  David 686 

Bennett,  Col.  A.  G 687 

Bennett  George  E 594 

Beverley,  Frank  P 578 

Billings,  James  M 657 

Billings,  John  E 657 

Bishop,  S.  A.. -  687 

Black,  J.  C- 692 

Blake,  F.  W 595 

Blanch,  Charles 569 

Bly the,  Samuel  A 693 

Boulware,  John  W 578 

Bovrer,  Wilson  S -  642 

Boyce,  David  S 642 

Braly,  Eev.  John  E.  (Deceased)  658 

Branham,  Isaac 755 

Brannan,  William 595 

Brewer,  Daniel  G 570 

Briggs,  Hon.  H.  W 596 

Briggs,  John  G 562 

Brock,  E.  E.  (Deceased) 597 

Brown,  A.  M.,  M.  D.,  Jacob  N.  755 

Brj-ant,  M.  D.,  B 597 

Biibb,  Benjamin  T 579 

Bubb,  William  H. -  579 

Burchell,  John 598 

Burns,  John  D 599 

Cahalan,  Michael  (Deceased)  ..  693 

Cahalan,  M.  M 694 

Campbell,  James  H 694 

Carling,  Edward 571 

Carrick,  John 643 

Carter,  John  S - 756 


INDEX.  XI 

Casey,  Lewis  C 555 

Chappell,  Alfred 599 

Chew,  Alfred 694 

Chipman,  Lemuel  J 695 

Clark,  Charles 643 

Clark,  Philander 644 

Clark,  S.  A 695 

Clayton,  James  A 696 

Cole,  Amos  G -  -  599 

Corcoran,  Martin 696 

Cornth wait,  James  H 703 

Cory,  A.  M.,  M.  D.,  Andrew  J.  704 

Cory,  M.  D.,  Benjamin 704 

Cottle,  John  A 600 

Cottle,  Eoyal 705 

Covey,  F.  W --  579 

Crews,  Caleb  B 600 

Culp,  J.  D.... --  601 

Daniel,  Eev.  John  (Deceased)  .  706 

Darling,  E.  W -  -  644 

Daves,  John  E ---  751 

Davies,  E.  H 658 

Davis,  Col.  Peter  J.  (Deceased)  659 

Davis,  Schuyler  B -  -  -  660 

De  Lacy,  Stephen  W 707 

Delmas,  D.  M -  -  -  707 

Dexter,  Albert, 601 

Dibble,  John  H -  -  660 

Doan,  Jacob — 602 

Donavan,  E.  B -  661 

Donnelly,  Peter 603 

Dornberger,  Lambert -  579 

Dowdy,  John 603 

Doyle,  Peter  H 752 

Dreischmeyer,  Henry 603 

Dryden,  David  A 604 

Duchesneau,  John  C 580 

Dudley,  Dr.  J.  P 757 


xn 


INDEX. 


Duncan,  Joseph  H 604 

Duiu),  Capt.  Frank... 6G1 

Easton,  George 605 

Kberhard,  Jacob 662 

Eckhart,  Charles  F 605 

Edwards,  Henry  W 708 

Edwards,  Nathan  li 757 

Eigelberry,  John  (Deceased)  . .  605 

Elrod,  N.  S 750 

Emhiy,  E 606 

Empey,  AV.  E ^. 758 

Erkson,  Alex.  C 709 

Erkson,  Hon.  William 758 

Eustice,  George . .  751 

Fairfield,  Hiram 759 

Farley,  M.  D.,  Charles  K 606 

Farman,  Truman 607 

Farmer,  F.  E 662 

Ferguson,  Asa  (Deceased) 607 

Fine,  Spencer  P 609 

Finger,  Otto 663 

Fisher,  F 572 

Fisher,  Thomas 571 

Fisher,  Capt.  Wm.  (Deceased)  .  571 

Fitzgerald,  James 609 

Fitzgerald,  John  S 609 

Fitzgerald,  Thomas 555 

Fitzgerald,  Patrick 610 

Fitzgerald,  William 610 

Foss,  Wm.  F.  F 580 

Fowler,  N.  C 572 

Fox,  Bernard  S.  (Deceased)  ...  711 

Franck,  Hon.  F.  C 663 

Francois,  Charles 610 

Frink,  Hon.  Daniel 581 

Frost,  Erwin,  Jr 572 

Furlong,  W.  N 610 

Gallager,  Andrew  T ()64: 


Givens,  George 781 

Gladewitz,  Christian  D 712 

Green,  William  H... 712 

Greenawalt,  David 712 

Goldsworthy,  John 648 

Goodrich,  Levi 759 

Goodrich,  Sarah  L.  Knox 767 

Gruwell,  Laban  H 611 

Habich,  August 664 

Ham,  Capt.  E.  K. 665 

Hanna,  Hon.  Wm 612 

Hardy,  William  Benjamin 712 

Hargis,  Walter  F 665 

Hartshorn,  Wm 612 

Hays,  Wilson 714 

Herold,  Adam 613 

Hellyer,  G.  W 760 

Hoag,  Delevan -   582 

Hobin,  Martin 572 

Hodges,  P.  C 613 

Hogan,  Michael 714 

Holland,  Fredk.  T 714 

Holsclaw,  Milton  T 613 

Houghton,  Hon.  S.  O 760 


HuflP,  James  A 582 

Hunter,  A.  B 666 

Hunter,  M.  E 615 

Hutchinson,  Eobert 562 

Hutton,  Henry 649 

Jamison,  Hon.  Samuel  I 666 

Jeffries,  James 556 

J  effries,  John  (Deceased)   556 

Johnston,  John 716 

Jones,  Aaron  (Deceased) 716 

Jones,  Hon.  Cyrus 715 

Jones,  Hugh  S 615 

Karr,  John 566 

Kent,  Delos  G 716 


INDEX. 


Xlll 


Kenyon,  James  M 

Kickham,  Thomas 

Kirby,  John  C - -    - 

Knox,  M.  D.,  William  J 

Krum  b,  L 

Laederick,  John  J.  (Deceased) 

Lagarde,  A 

La  Pierre,  Geo.  W - 

Lauck,  George   

Leddy,  James.  -- 

Lendrum,  George -  - 

Little,  Horace 

Lotz,  Joseph  A 

Lovell,  L-a  J 

Lyndon,  John  W 

Lynham,  Silas  P 

Margot,  Henry  D 

Martin,  Calvin  (Deceased) 

Martin,  Julius 

Mason,  John  F 

Mayer,  Bernard. 

Mercier,  Jules 

Messersmith,  John 

Messersmith,  John  G -  - . 

Messing,  H 

Mills,  Luther  E 

Morey,  M.  D.,  H.  C 

Morrill,  John  C -  -  - 

Moore,  Samuel  T 

Morris,  J.  C 

Morrison,  Samuel 

Morrison,  William. .  - 

Munson,  M.  D.,  Clinton 

Murdoch,  Francis  B 

Murgotten,  Alex.  P -  -  - 

Murphy,  Hon.  B.  D - 

Murphy,  James 

Murphy,  John 


GG7 

616 

573 

765 

769 

668 

716 

582 

668 

717 

718 

769 

718 

650 

650 

719 

583 

719 

616 

651 

584 

584 

652 

668 

770 

669 

618 

719 

618 

720 

669 

670 

573 

721 

721 

723 

723 

618 


Murphy,  Sr.,  Martin  (Deceased) 

Murphy,  Jr.,  Martin 

McCarty,  John - 

McCleary,  Henry 

McComas,  Hon.  Eush 

McCoy,  Eeuben -  - 

McKisiek,  Judge  Lewis  D 

McNeil,  Albert  B. -- 

Neel,  David  H 

Niggle,  George 

Ogan,  J.  M -- 

Oliver,  A.  W 

Ortley,  John  J 

Otto,  John  G 

Ousley,  S.  M.  (Deceased)   

Owen ,  Hon.  J.  J 

Owen,  Jehial  M. 

O'Banion,  Wm.  F 

Page,  Eobert 

Page,  William 

Paige,  Elgin  W - 

Paine,  John.. 

Parker,  Major  L.  F 

Parkhurst,  Walter  A - 

Parr,  Charles 

Parr,  Charles  H.  (Deceased)  . . 

Parr,  Edward  N 

Parr,  Jonathan   (Deceased)  .. . 
Paul,  William - 

Payne,  Judge  D.  S 

Peckham,  Judge  E.  F 

Peebels,  Cary 

Phegley,  James  F 

Pieper,  John  H  -  - 

Pitman,  Andrew  J - 

Pogue,  Thomas 

Pomeroy,  Hiram -  - 

Pullan,  Hannibal 


724 

791 

726 

584 

670 

652 

726 

728 

620 

621 

729 

621 

566 

622 

622 

729 

574 

730 

730 

584 

731 

622 

557 

732 

557 

653 

654 

653 

585 

732 

770 
671 
623 
733 
585 
566 
644 
677 


XIV 


INDEX. 


Purd)',  Theodore  V. 734 

Purinton,  Byron 734 

Pyle,  Darius  M 624 

Quinn,  William 735 

Rankin,  B.  P 735 

Eea,  Samuel 624 

Rea,  Thomas 624 

Reeve,  Henry 625 

Regan,  Patrick - .   626 

Reither,  Jacob -  -  -  626 

Richards,  Wm.  A ^ 736 

Riddle,  James  L - .   587 

Riehl,  A -   626 

Riggs,  Zadoc  A  ... 559 

Roberts,  John  J -   654 

Rock,  John 736 

Rogers,  F.  S 627 

Rogers,  Wm.  H... 655 

Rucker,  J.  E 780 

Russell,  John  H 780 

Sargent,  Hon.  J.  P 628 

Satterwhite,  Thos.  D 628 

Saunders,  Simon 587 

Saxe,  Heman  A 737 

Scheller,  Jacob 574 

Schofield,  Christoph 559 

Scott,  Thomas 5G7 

Seaman,  George 629 

Seanor,  George 751 

Shore,  Gilbert  E _•...._   588 

Singleton,  James _  737 

Sinnott,  John 645 

Smith,  Francis  J 738 

Snell,  Thomas  E _  738 

Snow,  James 739 

Sontheimer,  John  J 740 

Spencer,  Judge  F.  E 740 

Spring,  T.  W 740 


Springer,  Elias  F 588 

Springer,  J.  P.  (Deceased) 741 

Stanley,  M.O 588 

Statler,  John  A 678 

Stevens,  Orvis 574 

Swift,  E -  629 

Taber,  Orrin 741 

Tarleton,  George  W 742 

Taylor,  S.  P.  (Deceased) 588 

Tennant,  F.  W 742 

Tennant,  John 743 

Tennant,  William 575 

Thomas,  Judge  C.  G 743 

Thomas,  Massey 630 

Thomas,  Hon.  T.  R 631 

Thomson,  Robert 743 

Thornton,  David .  631 

Tisdale,  Wm.  D 744 

Topham,  Edward 751 

Tourtillott,  L.  L.  (Deceased)  . .  576 

Tremoureaux,  Francois 560 

Trimble,  John 744 

Trombly,  Peter  A 632 

Trueman,  Marcus 745 

Tryon,  A.  B 632 

Tully,  Pleasant  B 633 

Umbarger,  Austin  F 745 

Yan  Doren,  Isaac  N 745 

Van  Pelt,  Daniel 746 

Van  Reed,  James  H 589 

Vestal,  Asa 747 

Wagstaff,  Geo.  T 589 

Wallis,  Hon.  Joseph  S 500 

W  allitz,  Frederick 634 

Walker,  Robert 655 

Walsh,  Robert 645 

Warburton,  M.  D.,  H.  H 679 

Ware,  Wm.  H 560 


INDEX. 


XV 


Watson,  Alexander -  634 

Weisshaar,  Fred.  W 590 

Welch,  George 747 

Weller,  Abraham 645 

Weller,  Joseph  E 646 

Wells,  Dudley -  647 

Wentz,  Hon.  Christian 634 

Whitehurst,  L.  A 635 

Wilber,J.M 750 

Wilcox,  Chas.  F 749 

Wilcox,  Harvey 656 

Willson,  Albert 635 

Willson,  Horace 636 


Wilmarth,  Peter  B 637 

Wilson,  G.  W 576 

Wolsey,  J.  S 637 

Wood,  David 637 

Wood,  Uriah 638 

Woodhams,  Joseph 679 

Worthington,  Chas.  H 680 

Wright,  John  A 591 

Young,  C.  W 750 

Young,  Edward 561 

Zuck,  David. 639 

Zuck,  Hon .  James  C 640 


Addenda 

750 

Table  of  County  and  Township  Officers 

783 

PORTRAITS. 

Murphy,  Martin... 

Frontispiece 

Frink,    Daniel,    Facing   Page      256 

Houghton,  S.  0.,  Facing  Page        32 

Little,  Horace, 

H                     ( 

272 

Knox,  VVm.  J.,         ' 

48 

Jones,  H.  S., 

a               ( 

288 

Thomas,  T.  E.,         ' 

64 

Branham,  Isaac, 

a                ( 

304 

Peckhara,  E.  F.,       ' 

80 

Dexter,  Albert, 

U                      ( 

'           320 

Baker,  G.  E.,            ' 

96 

Warburton,  H.  H. 

((               ( 

336 

Barron,  Edward,     ' 

112 

Knox-Goodrich,  Sarah  L., ' 

352 

Eea,  Thomas,            ' 

128 

De  Lacy,  S.  W., 

368 

Ayer,  S.  F., 

144 

Parr,  Jonathan, 

384 

Owen,  J.  J.,              ' 

160 

Snell,  T.  E., 

''           400 

Sargent,  J.  P.,          ' 

176 

Cottle,  Eoyal, 

416 

Jamison,  S.  I.,          ' 

192 

Cahalan,  Michael 

432 

Delmas,  D.  M.,         ' 

208 

Hunter,  A.  B., 

448 

Thomas,  Massey,     ' 

224 

Boulware,  J.  W., 

464 

Cory,  Benjamin,       ' 

240 

Dudley,  J.  P., 

480 

XVI 

Walker,  Uobert,  Facing  Page 
Angney,  W.  Z., 
Brewer,  D.  G.,  " 

Weller,  J.  E., 
Tennant,  William,    " 


INDEX. 


age 

496 

a 

512 

i( 

544 

u 

576 

a 

608 

Baker,  George  F.,  Facing  Page  640 

Trimble,  John,          "           "  672 

Murgotten,Alex.P."           "  704 

Dibble,  John  H.        "           "  736 

Worthington,  C.  H."           "  768 


(g>^        >, (^     ^        ^ft 


STOI[Y  OF  SANT/  CLARjl  COUNTY,  C/LIFORNIA. 


GEOGRAPHICAL   SITUATION    AND   AREA — DERIVATION   OF   NAME — POPULATION — GEOLOGY  AND    MIN- 
ERALOGY  TOPOGRAPHY — SOIL   AND    PRODUCTIONS ARTESIAN    WELLS — CLEVIATOGRAPHY — THE 

THERMAL       BELT — MEAN      TEMPERATURE — RAINFALL — GENERAL      REMARKS EARTHQUAKES 

DESCRIPTPVE. 


Santa  Clara  County  is  bounded  on  the  north  by  Alameda  county,  and 
a  portion  of  the  Bay  of  San  Francisco;  on  the  east  by  Stanislaus  and  Mer- 
ced counties;  on  the  south  by  San  Benito  county;  and  on  the  west  by  Santa 
Cruz  and  San  Mateo  counties.  Its  average  length  from  north  to  south  is 
thirty -five  miles;  its  breadth  from  west  to  east,  thirty  miles;  while  it 
comprises  about  seven  hundred  thousand  acres,  or  nearly  one  thousand  and 
fifty  square  miles. 

The  immense  advantages  of  location,  which  the  county  possesses,  may  be 
at  once  observed  on  reference  to  a  map  of  the  State.  It  embraces  all  of  the 
various  lands  suitable  for  the  production  of  fruits,  cereals  or  vegetables,  or 
the  raising  of  stock  and  timber.  Within  its  boundaries  there  is  little,  if  any, 
waste  ground,  while  its  poorest  and  roughest  would  compare  well  with  what 
would  be  considered  good  farming  land  in  some  of  the  States  on  the  Atlantic 
coast.  Through  its  center  runs  that  beautiful  vale,  marvelous  in  its  fer- 
tility, which  is  the  namesake  of  the  county;  on  the  west  the  Coast  Range 
protects  it  from  the  bitter  winds  that  cross  the  ocean;  to  the  east  a  wall  of 
high  mountains  bars  the  keen  zephyrs  from  off  the  Sierra's  snow;  while  the 
head  of  San  Francisco's  glorious  bay  skirts  a  portion  of  its  northern  extrem- 
ity, where  navigable  sloughs  and  creeks  intersect  its  shores,  and  penetrate 
to  a  considerable  distance  inland. 

Derivation  of  Name. — The  origin  of  the  name  which  this  county  bears 
is  thus  described  in  a  report  made  to  the  Senate  under  date  April  16, 
1850,  by  General  Mariano  Guadalupe  Vallejo,  then  the  Senator  from  the 
District  of  Sonoma,  entitled,  "Report  of  Mr.  Vallejo,  on  the  Derivation  and 
Definition  of  the  Names  of  the  several  Counties  of  California."  In  that 
report,  unequalled  in  its  style,  and  in  the  amount  of  information  crowded 
into  a  small  compass,  he  says  of  Santa  Clara:  "According  to  the  Roman 
2 


18 


HISTORY    OF   SANTA    CLAEA    COUNTY,    CALIFORNIA. 


Book  of  Martyrs,  or  Martyrology,  as  Hortalana,  the  pious  mother  of  Santa 
Clara,  was  once  kneeling  before  a  crucifix,  praying  earnestly  that,  being 
with  child,  she  might  be  happily  delivered,  she  heard  a  voice  whispering, 
'Fear  not,  woman,  thou  shalt  safely  bring  forth;'  whereupon  a  brilliant 
light  suddenly  illumined  the  place,  and  the  mother,  inspired  by  the  myste- 
rious prediction,  baptized  her  child  Clara,  which  is  the  feminine  of  clear,  or 
bright.  •  Clara  was  afterwards  sanctified,  on  account  of  her  many  eminent 
virtues,  and  accordingly  venerated  by  the  Catholics  in  all  Roman  Catholic 
churches. 

The  Mission  of  Santa  Clara,  from  which  the  county  derives  its  name, 
was  founded  on  the  twelfth  day  of  January,  1777." 

■» 

POPULATION. 


California 

SjVKTA   CLARA    COUNTY. 

Almaden  Township 

Alviso  Township 

Burnett  Township    

Fremont  Township 

Gilroy  Township 

Gilroy,  town 

Milpitas  Township 

Redwood  Township 

San  Jos6  Township 

San  Jos^,  city 

Santa  Clara  Township 

Santa  Clara,  town 

Total 


1860. 
379,994 


744 

831 

220 

1,085 

1,206 


686 
4,579 

2,559 


11,912 


1870. 
560,247 


1,647 

588 

802 

2,018 

1,570 

1,625 

565 

1,353 

3,420 

9,089 

3,469 


26,246 


1880. 
865,747 


2,412 

540 
2,160 
1,630 
1,675 
1,508 
2,244 
5,541 
12,615 
2,372 
2,416 

35,113 


In  1862,  Milpitas  was  formed  out  of  Alviso  township.  In  1880,  the  cen- 
sus of  the  two  townships  was  returned  in  one  report,  and  is  credited  in  the 
above  table  to  Milpitas. 

The  total  given  for  18G0  is  greater  by  two  than  is  shown  by  the  footings, 
but  it  is  in  accordance  with  the  official  returns. 


Geology  and  Mineralogy. — This  subject  is  one  of  vast  importance  to 
Santa  Clara  county,  and  requires  a  more  elaborate  dissertation  than  that 
which  we  can  give  it.  Our  task  will  be  to  present  simply  a  general  geolog- 
ical and  mineralogical  glance  of  the  more  prominent  parts  of  Santa 
Clara.  Commencing  with  the  eastern  hills,  therefore,  we  find  that  they 
consist  of  a  center  of  metamorphic  cretaceous  rocks,  flanked  by  an  enormous 
thickness  of  unaltered  cretaceous  strata,  the  latter  consisting  of  sandstones, 
with  inter-stratified  shales.  A  coarse  conglomerate,  the  boulders  in  which 
are  metamorphic  rock,  diflTering  from  that  comprising  the  main  mass  of  the 
m  ountains,  occurs  on  the  outer  margin  of  the  hills,  towards  the  San  Joaquin 
plain. 


GEOGRAPHY,  NAME,  POPULATION,  TOPOGRAPHY,  ETC.  19 

The  unaltered  cretaceous  and  tertiary  strata  flank  the  entire  range  on  the 
eastern  side,  as  far  north  as  its  junction  with  the  Sierra  Nevada.  The 
absence  of  the  tertiary  is  marked  by  the  precipitous  nature  of  the  range 
where  it  joins  the  plains,  as  opposed  to  the  low-rolling  hills  where  the  ter- 
tiary overlies  the  cretaceous. 

Along  the  eastern  flank,  the  tertiary,  as  far  as  known,  i-ests  conformably 
upon  the  cretaceous.  The  metamorphic  rocks  have  the  same  general  char- 
acter, being  marked  by  jaspers,  'serpentine,  and,  occasionally,  mica  slate. 
Their  limits  are  well  indicated  by  the  growth  of  forest  trees,  which  is  very 
meager  upon  the  hills  made  up  of  unaltered  strata,  they  being  generally  very 
dry  and  barren. 

The  summit  of  Pacheco's  Peak,  a  little  south  of  east  of  the  town  of  Gilroy, 
as  well  as  those  of  other  and  higher  peaks,  in  a  line  crossing  the  range 
obliquely  to  the  south-east,  are  of  trachyte.  This  is  the  first  known  occur- 
rence of  eruptive  rock  in  the  main  Mount  Diablo  range  south  of  Suisun 
bay. 

The  tertiary  is  more  extensively  developed  on  the  western  than  on  the 
eastern  side  of  the  Mount  Diablo  rancre  toward    the  north.     The  hills  bor- 

o 

dering  the  San  Jose  valley  on  the  east  belong  to  this  period,  and  are  from 
one  thousand  to  twelve  hundred  feet  in  elevation.  The  rocks  are  highly 
altered  in  places.  A  tertiary  ridge  extends  to  the  north-west,  separating 
San  Jos^  and  Calaveras  valleys. 

The  geology  of  the  belt  of  elevated  land  between  the  San  Jose  valley,  the 
Bay  of  San  Francisco  and  the  ocean,  is  rendered  somewhat  complicated  by 
the  intrusion  of  granitic  rocks  among  the  unaltered  cretaceous  and  tertiary 
strata  of  which  these  hills  are  chiefly  formed.  Besides  this  geological  form- 
ation, rocks  similar  in  lithological  character  to  those  of  the  Mount  Diablo 
range  are  found.  Fossils  sparingly  occur.  A  metamorphic  belt  extends 
from  Redwood  City,  San  Mateo  county,  to  the  south-east  a  distance  of  about 
forty  miles,  forming  the  eastern  edge  of  the  range  and  the  summit  of  Mount 
Bache,  three  thousand  seven  hundred  and  eighty  feet  in  height,  and  of  other 
high  points.  Limestone  in  detached  masses,  occurs  at  several  places  through- 
out this  belt ;  evidences  of  what  was  once,  in  all  probability,  a  complete  lime- 
stone belt,  are  found  at  various  places,  from  the  summit  of  Black  mountain, 
back  of  Mountain  View,  to  as  far  south  as  the  New  Almaden  Mines,  which 
lie  in  a  ridge  north-west  of  that  formed  by  the  metamorphic  mass  of  Mounts 
Bache,  Chaoual,  and  others.  It  is  to  be  seen  on  Los  Gatos  creek,  dipping  to 
the  north-east,  and  is  less  altered  thei-e  than  at  other  places  where  it  is  hard 
and  compact,  though  not  crystalline. 

By  far  the  most  interesting  and  important  feature  of  the  range  under 
consideration,  is  the  occurrence  of  the  extensive  deposits  of  cinnabar  in  the 
metamorphic   cretaceous   rocks   at   the   New  Almaden  Mines,  a  few  miles 


20  HISTORY   OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

south-west  of  San  Jose,  and  lying  in  a  ridge  east  of  the  main  range,  culmin- 
ating in  Mount  Bache,  the  highest  points  of  which  are  about  seventeen 
hundred  feet  above  tide  water.  The  three  mines — the  New  Almaden,  Enri- 
quita,  and  Guadalupe,  are  in  line  extending  over  a  distance  of  about  five 
miles ;  the  former  is  by  far  the  most  productive.  The  cinnabar  occurs  in 
altered  shales,  inclosed  by  extensive  masses  of  serpentine.  The  ore  is  very 
irregularly  distributed,  though  the  metal-bearing  portions  seem  confined  to 
limited  areas  dipping  with  the  strata.  This  is  but  one  of  the  numerous 
localities  throughout  the  coast  ranges  where  cinnabar  is  mined,  but  thus 
far  is  the  only  one  that  has  been  worked  with  very  great  and  continued 
profit  to  its  owners. 

In  addition  to  the  important  deposits  of  cinnabar  in  this  county,  it  also 
contains  several  veins  of  copper  ore,  which  have  been  worked  to  some  ex- 
tent. Petroleum  and  Asphaltura  are  abundant  in  the  range  of  mountains 
between  Gilroy  and  Watsonville,  particularly  on  Sargent's  ranch,  and  in 
Moody's  gulch,  near  Lexington,  at  a  point  one  thousand  one  hundred  feet 
above  the  sea. 

Topography. — In  considering  the  topography  of  this  county  let  us  pre- 
mise by  saying  that  the  great  Santa  Clara  valley  is  but  a  portion  of  that 
vast  plain  which  stretches  from  the  Golden  Gate  in  the  north  to  San  Juan 
South,  a  distance  of  ninety  miles.  When  first  peopled  the  whole  was  known 
as  San  Bernardino.  It  is  oval  in  form  and  attains  its  greatest  width  near 
Mount  Bache,  where  it  is  about  fifteen  miles.  About  four  miles  from  San 
Jose',  and  apparently  forming  a  barrier  across  the  valley,  are  a  chain  of  low 
hills,  called  the  Hills  of  Tears,  (so  named,  the  legend  relates,  because  in  early 
times  when  some  of  the  first  settlers  were  coming  up  from  the  State  of 
Sonora,  they  stopped  there,  and  their  provisions  giving  out  caused  the  chil- 
dren to  cry,)  but  the  obstruction,  however,  is  only  appai-ent.  About  eight 
miles  from  this  point  the  valley  contracts  to  a  width  of  but  three  miles,  and 
so  continues  for  some  six  miles,  when  it  again  expands  to  a  breadth  of  nearly 
six  miles,  and  thus  sweeps  out  beyond  our  limits. 

A  chain  of  mountains  hems  in  the  valley  on  either  side  running  north-west 
and  south-east.  From  the  time  of  its  entry  into  the  county,  the  eastern 
range  rapidly  rises,  becomes  broader  and  very  rough,  having  many  elevated 
points  along  it,  until  it  culminates  on  the  summit  of  Mount  Hamilton, 
nearly  east  of  San  Jose',  four  thousand  four  hundred  and  forty-three  feet 
above  the  level  of  the  sea.  The  range  then  decreases  in  height  to  Pacheco's 
Pass,  the  loftiest  point  of  which  is  fourteen  hundred  and  seventy  feet.  The 
western  range  near  the  famous  Almaden  Mines  is  crowned  by  two  grand- 
looking  peaks  that  stand  like  stalwart  sentinels  guarding  the  precious  treas- 
ures which  lie  concealed  in  the  yet  unexplored  store-houses  of  their  lesser 


GEOGRAPHY,  NAME,  POPULATION,  TOPOGRAPHY,  ETC.  21 

brethren  around.  To  one  the  Indians  gave  the  name  of  Chaoual,  to  the 
other  Ouinouhum.  The  first  of  these  has  an  altitude  of  three  thousand  five 
hundred  and  thirty  feet ;  the  second,  which  has  been  modernized  into  Mount 
Bache,  is  three  thousand  seven  hundred  and  eighty  feet  above  the  sea  level. 

In  the  Gallons  and  on  the  slopes  of  the  western  chain  are  to  be  found 
growing  in  full  vigor  the  useful  redwood  (Sequoia  Sempervirens)  as  well  as 
many  oaks  and  madrona.  Of  course  the  march  of  civilization  has  considera- 
bly thinned  the  primeval  forests,  but  further  back,  beyond  the  county  line,, 
there  yet  remains  enough  timber  to  supply  many  generations.  On  the  east- 
ern range,  comparatively  few  trees  are  found,  but  its  swelling  undulations, 
picturesque  ravines,  and  wealth  of  natural  beauty,  pleases  the  eye,  making 
a  grand  contrast  with  its  opposite  neighbor  on  the  western  side  of  the  valley. 

At  a  distance  of  twenty-five  miles  from  San  Jose,  in  the  depth  of  these 
eastern  gorges,  the  Coyote  stream  has  its  birth,  and  after  springing  into 
vigor,  leaves  its  cradle,  joyously  leaping  and  splashing  among  the  roots  of 
trees  and  playing  around  the  smooth  worn  sides  of  boulders,  until  it  rushes 
into  the  pastoral  valley,  where  it  assumes  a  more  staid  demeanor,  and  lan- 
guidly flows  in  many  a  tortuous  curve,  at  last  finding  its  doom  in  the  great 
Bay  of  San  Francisco.  But  what  a  change  comes  over  its  spirit  during  the 
rainy  seasons !  It  then  becomes  a  swirling,  treacherous  torrent,  sweeping 
here  and  tearing  thither,  carrying  all  before  it,  until  lost  in  the  mighty 
ocean;  yet  how  different  is  its  normal  condition.  The  Summer's  sun  has 
deprived  it  of  much  of  its  life,  but  none  of  its  beauty ;  its  clear  stream 
trickles  through  the  caiions,  kissing  the  laughing  flowers,  and  giving  life  to 
the  parched  ferns  and  grasses  in  its  course,  while  "  its  whimpling  waters 
make  their  way  "  into  the  salt  water  basin.  So  much  like  human  life  is  a 
stream ! 

The  next  most  important  creek  in  Santa  Clara  county  is  the  Guadalupe 
so  named  after  the  patron  saint  of  Mexico.  It  rises  in  the  Sousal,  about 
three  miles  south-west  from  San  Jos^,  is  fed  by  many  tributaries  and  springs,. 
and  runs  in  a  northei'ly  direction  until  it  comes  near  the  city  when  it  takes 
a  north-westerly  course  and  empties  itself  into  San  Francisco  bay,  near  the 
debouchure  of  the  Coyote. 

There  are  numerous  other  streams  in  the  county,  many  of  them  being  of 
importance  on  account  of  the  mills  which  stand  on  their  banks,  but  unhap- 
pily our  space  will  not  admit  of  our  describing  each  in  their  turn,  suffice  it 
to  say  that  all  have  their  advantages  both  manufacturing  arid  pastoral. 

There  are  several  small  valleys  in  the  county,  secluded  among  the  hills, 
where  many  settlers  have  made  comfortable  and  pleasant  homes.  Among 
these  are  the  Cailon  de  los  Osas  (Bears  canon,)  six  miles  easterly  from  Gilroy. 
which,  a  few  years  ago  was  a  favorite  resort  of  the  "  grizzly."  It  is  a  wild 
but  exquisitely  beautiful  gorge,  through  a  range  of  high  mountains,  covered 


22  HISTORY    OF   SANTA    CLARA   COUNTY,    CALIFORNIA. 

with  live-oak,  sycamore,  and  a  dense  imderbush,  whicli  is  still  full  of  small 
game;  but  " Bruin "  has  been  exterminated.  The  red  clover  and  bunch 
irras.s  o-rowino-  luxuriantly  here,  are  the  favorite  food  of  many  kinds  of 
game.     The  creeks  and  pools  are  also  full  of  fine  trout. 

The  Calaveras  (Skulls)  valley  is  another  gem,  which  at  one  time  formed 
the  bed  of  a  mountain  lake.  It  is  about  five  hundred  acres  in  extent  and  is 
now  peopled  with  a  thriving  community  of  farmers. 

Besides  these  there  are  the  San  Antonio  and  Blackbird  valleys,  in  Mil- 
pitas  township;  Isabel,  San  Felipe,  Horse,  and  Hall's  valleys  in  San  Jose 
township,  with  others  of  less  note. 

Soil  and  PRODUCTiONS.--The  following  remarks  have  been  culled  from 
"The  Natural  Wealth  of  California"  by  Titus  Fey  Cronise:— 

The  peculiar  geographical  position  of  this  county,  in  a  broad  valley  nearly  . 
surrounded  by  mountains,  causes  it  to  enjoy  an  equable  climate;  but  it  is 
from  ten  to  fifteen  degrees  warmer  than  San  Francisco,  being  comparatively 
free  from  the  cold  winds  and  fogs  which  prevail  nearer  the  coast.  The 
greater  portion  of  the  soil  on  the  lower  plains  is  a  rich  black,  sandless  loam, 
called  adobe  which  yields  from  twenty-five  to  thirty  bushels  of  wheat  to  the 
acre.  Many  fields  have  been  planted  with  grain  for  ten  successive  years 
without  manuring — the  last  crop  being  the  heaviest.  This  is  particularly 
the  case  on  what  is  known  as  Stockton's  ranch,  a  large  tract  of  land  on  the 
east  side  of  the  valley,  purchased  by  Commolcre  Stockton  in  1847.  There 
are  other  sections  where  the  land  is  thus  continually  "  croppsd  "  with  wheat, 
on  which  the  yield  is  much  lighter  than  formerly.  Some  of  the  land  when 
it  is  new  yields  as  high  as  seventy-five  bushels  to  the  acre.  The  wheat 
raised  in  the  eastern  portion  of  the  valley,  where  the  soil  is  somewhat  grav- 
elly, sells  for  the  highest  price  in  the  San  Francisco  mai'ket,  and  makes  the 
finest  flour. 

Along  Los  Gatos  creek,  about  a  mile  from  San  Jose,  there  is  a  tract  of 
rich  bottom-land  which,  not  very  long  since  was  covered  with  willows,  but 
now  contains  a  luxuriant  crop  of  hops.  About  the  town  of  Santa  Clara — 
the  highest  land  in  the  valley — the  soil  is  lighter  and  more  sandy;  similar 
land  extends  beyond  Gilroy,  thirty  miles  south  of  San  Jose.  One  reason 
why  much  of  the  hill  and  mountain  land  on  the  west  side  of  Santa  Clara 
valley,  about  Gilroy,  and  south  of  that  place,  is  retained  for  grazing  pur- 
poses, is,  that  being  within  the  range  of  the  fogs  from  the  ocean,  the  grass  is 
green,  and  afpjrds  good  pasturage  during  the  Summer.  Every  year,  large 
numbers  of  stock  are  driven  from  some  of  the  southern  and  interior  counties 
to  be  fed  on  the  fresh  pasturage  of  these  hills.  So  valuable  are  some  of 
these  lands  for  this  purpose,  that  their  owners  hold  them  at  higher  prices 
than  the  grain  lands  of  the  valleys. 


GEOGRAPHY,  NAME,  POPULATION,  TOPOGRAPHY,  ETC.  23 

The  high  lands  bounding  the  valley  on  the  east  and  west  are  admirably 
adapted  for  the  cultivation  of  the  grape,  to  which  large  tracts  have  been 
applied.  The  soil  of  these  hills  is  a  dark  brown,  sandy  loam,  quite  unlike 
that  of  the  valley.  The  common  California  grape,  which  does  not  ripen 
until  September,  in  other  localities,  on  the  hills  south-east  of  San  Jose,  ripens 
in  July  and  August.  The  highest  ridges  of  the  mountains  are  in  man}'' 
places  densely  timbered,  affording  a  supply  of  good  lumber  and  fuel.  The 
slopes  around  the  edge  of  the  valley  are  covered  with  wild  oats  and  native 
grasses  and  afford  excellent  pasturage  for  large  herds  of  cows.  The  butter 
and  cheese  made  about  Gilroy  are  famous  for  their  richness.  There  are  very 
few  cattle  raised  in  the  county,  it  being  so  generally  under  cultivation  with 
grain  and  fruit. 

From  San  Jose  to  Gilroy,  a  distance  of  nearly  thirty  miles,  the  valley,  in 
the  Summer,  forms  an  almost  unbroken  wheat  field.  In  May,  June,  and 
July,  when  the  grain  is  ripening,  the  view  of  this  portion  of  the  valley  is  a 
marvel  of  beauty.  The  farmers'  houses,  surrounded  by  gardens  and 
orchards,  appear  like  beautiful  green  islands  in  a  golden  sea.  A  month  later 
the  whole  scene  is  changed:  The  waving  grain  has  all  been  cut,  and  huge 
stacks  of  yellow  straw  and  dingy  grain  bags  are  piled  up  in  all  directions, 
the  latter  waiting  to  be  transported  to  market.  In  the  Spring,  it  presents 
still  another  aspect,  when  the  young  grain  is  just  peeping  above  the  black 
soil,  and  the  purple  and  white  blossoms  of  the  apricot  and  peach  form  a 
striking  contrast  in  color  with  the  hazy  neutral  tint  of  the  distant  mount- 
ains. 

The  great  extent  of  level  land  in  this  valley  admits  of  the  use  of  all 
descriptions  of  agricultural  machinery;  the  consequence  is  that  nearly  all 
the  work  on  the  large  farms  is  performed  with  almost  incredible  rapidity. 
A  thousand  acres  are  sometimes  plowed,  seeded  and  cut  in  less  time  than  is 
required  on  farms  of  one  hundred  acres  in  many  parts  of  Europe.  This 
advantage,  together  with  the  much  larger  yield  per  acre,  compensates  for 
the  higher  price  of  land,  labor,  and  material.  Large  tracts  of  this  valley 
produce  volunteer  crops,  which  are  cut  for  hay,  yielding  generally  about 
two   tons  per  acre. 

Artesian  Wells. — Naturally,  Santa  Clara  county  is  not  well  watered. 
It  has  but  few  streams  of  any  importance — the  Guadalupe  and  Coyote,  and 
they,  save  in  a  season  when  their  waters  are  of  no  avail,  are  at  best  but 
inconsiderable  mountain  torrents  as  they  flow  through  the  valley.  Happily, 
it  was  discovered  that  far  down  in  her  subterranean  depths  there  flowed  an 
abundant  supply  of  pure,  sweet,  wholesome  water.  Is  it  any  wonder  that 
the  gravity  of  the  usually  composed  author  of  "The  History  of  San  Jose" 
should  have  been  disturbed,  and  that  he  should  have  waxed  enthusiastic  in 


24  HISTORY    OF   SANTA    CLARA   COUNTY,    CALIFORNIA. 

these  words:  "As  this  year  (1854)  came  rolling  in,  the  artesian  water  first 
came  surging  up  from  its  hidden  depths  to  play  and  sparkle  in  the  living 
light  of  day.  What  a  change!  What  a  wealth  for  this  beautiful  valley 
Far  beyond  in  value  the  discovery  of  a  dozen  gold  mines;  it  appeared  to 
be  the  work  of  enchantment.  This  was  the  only  thing  that  seemed  to  be 
wanting.  All  had  felt  that  water  for  irrigation,  and  good  watei'  for  drink- 
ing were  the  great  necessaries  of  this  lovely  valley.  Here  was  a  genial 
clime,  a  rich  soil  embosomed  in  the  hills,  like  a  jewel  in  a  deep  setting.  It 
was  brilliant  in  its  vernal  freshness;  parched  in  the  Summer's. heat.  Nature 
herself  seemed  dissatisfied  with  her  work.  To  complete  it,  she  diademed 
the  jewel  with  the  sparkling  element,  and  caused  the  fame  of  this  land  to 
spread,  like  the  light  of  Mie  sun,  all  over  the  earth.  And  now,  how  lovely, 
how  enchanting  has  this  valley  become,  by  the  just  combination  of  the  ele- 
ments! Now  we  behold  the  artificial  currents  interlacing,  like  silver  threads, 
the  innumerable  blooming  gardens,  and  fruitful  orchards,  nourishing 
myriads  of  multiform  roots  dyeing  the  leaves  with  living  green-r-the  flow- 
ers with  varied  colors  of  deepest  hue;  quenching  the  thirst  of  living  man, 
and  causing  him  to  pause,  as  he  beholds  the  face  of  nature,  to  reflect  upon 
the  goodness,  the  wisdom,  the  power,  and  wondrous  works  of  the  Creator  of 
all  things." 

The  credit  of  having  bored  the  first  artesian  well  in  Santa  Clara  county, 
belongs  to  Merritt  Brothers,  who,  in  January,  1854,  completed  operations  on 
Fifth  street,  near  St.  John's  street,  in  the  city  of  San  Jose'.  In  the  same 
month  and  year,  J.  S.  Shepherd  bored  a  well  about  three  miles  east  of  San 
Jos^.  When  at  eighty  feet,  the  water  was  forced  into  the  pipe  .sixteen  feet 
above  the  surface  of  the  ground.  T.  Meyers  bored  the  next  well,  in  Febru- 
ary. The  most  remarkable  of  these  wells  in  the  valley,  however,  was  that 
constructed  by  G.  A.  Dabney,  in  August,  1874,  near  San  Fernando  street. 
San  Jos(i,  when,  in  defiance  of  all  efforts  to  control  it,  the  water  ru.shed  out 
when  a  depth  of  sixty  feet  had  been  reached.  We  are  told  it  flooded  all  the 
surrounding  lands,  and  the  Common  Council  of  the  city  declared  it  a  nui- 
sance, and  ordered  Dabney  should  pay  a  fine  of  fifty  dollars  for  eveiy  day 
that  he  allowed  the  water  to  run ;  but  this  had  no  effect  on  the  well,  which 
for  six  weeks  produced  a  stream  four  feet  wide,  and  six  inches  deep.  At  the 
end  of  this  time,  the  flow  of  water  was  reduced  by  the  sinking  of  other  wells 
in  the  neighborhood.  The  following  are  some  of  the  deepest  wells  in  the 
county:  At  the  old  hospital  grounds,  three  Hundred  and  fifty-five  feet;  Mrs. 
Hensley's,  three  hundred  and  two  feet;  Mountain  View,  four  hundred  and 
sixty  feet;  China  Smith,  three  hundred  and  seven  feet;  James  Murphy's 
four  hundred  and  thirty-seven  feet;  St.  James  Square,  three  hundred  and 
sixteen  feet. 

It  has  been  .said  by  some,  writing  as  with  authority,  that  the  artesian  water 


GEOGRAPHY,  NAME,  POPULATION,  TOPOGRAPHY,  ETC.  25 

is  confined  to  only  the  northern  part  of  this  valley.  The  error  of  this  state- 
ment is  too  well  known  to  require  contradiction.  As  a  fact,  artesian  wells 
can  be  bored,  with  success,  in  any  part  of  the  valley,  the  proof  of  this  being 
the  existence  of  upwards  of  a  thousand  of  these  in  full  operation  in  the 
county. 

Climatography. — The  climate  of  California  varies  with  almost  every  local- 
ity, preserving  but  one  feature  that  is  in  any  sense  uniform — wet  Winters 
and  dry  summers.  During  the  AVinter  snow  falls  to  a  great  depth  in  the 
Sierra  Nevada,  and  in  small  quantities  upon  the  mountains  of  the  Coast 
Range,  but  seldom  any  in  the  principal  valleys.  Along  the  sea-board,  and 
wherever  the  country  approaches  the  ocean  level,  the  Winters  are  warm  and 
pleasant,  showers  alternating  with  sunshine,  in  agreeable  contrast.  In  the 
Summer,  the  cold,  northern  trade-winds  set  in  about  the  first  of  May,  and 
sweep  the  coast  regularly.  The  Spanish  galleons,  bound  from  Manilla  to 
Acapulco,  three  centuries  ago,  steered  for  Cape  Mendocino,  wdiere  they  would 
encounter  the  north-west  trade,  and  run  before  it,  with  swelling  sails,  to  their 
beautiful  harbor.  Cool,  cloudless  nights,  and  delightful  mornings,  attend 
these  winds,  but  in  the  remote  valleys  beyond  their  influence,  the  Summer 
heat  is  intense  and  the  air  dry.  In  the  valleys  that  lie  near  to  the  coast, 
like  that  of  Santa  Clara,  Napa,  and  the  Great  Russian  River  country,  the 
intervening  chains  of  mountains  break  the  blast,  and  make  the  Summers 
pleasureable — neither  too  hot  nor  too  cold. 

In  Santa  Clara  county  the  Winter,  or  rainy  season,  though  ushered  in  by 
occasional  showers  usually  commences  in  the  month  of  December,  when  veg- 
etation starts.  The  Summer  winds  have  died  away,  save  those  that  blow 
from  the  south,  and  come  laden  with  welcome  rain.  It  must  not  be  thought, 
however,  that  we  wish  to  convey  to  the  uninitiated  the  impression  that  this 
is  a  season  of  continuous  rain.  Such  is  not  the  case.  It  is  a  season  of  show- 
ers, sometimes  of  several  days'  duration,  followed  by  weeks  of  fine,  clear, 
balmy  weather,  during  which  the  farmer  tills  his  soil,  and  sows  his  seed. 
By  the  month  of  March,  the  heavy  rains  cease,  and  occasional  showers  infil- 
trate the  earth  until  May,  when  the  verdure  attains  its  fullest  perfection, 
and  the  country  looks  its  best.  Snow  seldom  falls  in  the  valley,  but  it  fre- 
quently is  to  be  seen  upon  the  summits  of  the  distant  hills,  where,  how- 
ever, it  remains  but  a  few  days,  and  frosts  occur  severe  enough  to  destroy 
the  more  tender  plants,  but  not  to  interfere  with  the  growth  of  grasses,  and 
many  kinds  of  vegetation. 

We  should  here  observe  that  the  Winter  of  1879-80  was  an  unusually 
cold  one,  both  snow  and  frost  being  severely  felt.  On  January  28,  1880,  a 
heavy  fall  of  snow  was  general  throughout  the  State,  and  frosts  were  almost 
too  frequent.  Of  the  snow-storm,  Julius  Martin,  of  Gilroy,  a  pioneer  of  1843, 


26  HISTORY    OF   SANTA    CLARA    COUNTY,    CALIFORNIA. 

states  tliat  tlic  only  other  storm  of  like  severity,  that  he  remembers,  occurred 
in  the  Winter  of  1848-9.  At  that  time  the  snow  in  the  valley  was  at  an 
average  depth  of  three  inches,  and  all  the  natives  looked  upon  the  sight  with 
astonishment,  while  it  remained  on  the  ground  two  days,  when  it  was  fol- 
lowed by  a  heavy  rain,  which  caused  the  streams  to  rise  and  overflow.  In 
the  followino-  Winter,  in  November,  1849,  rain  fell  in  torrents,  and  con- 
tinned  to  pour  almost  incessantly,  until  April,  1850,  when  the  Santa  Clara 
valley  was  inundated  for  weeks.  But  these  are  only  isolated  instances,  the 
like  of  which  may  not  occur  again  in  a  lifetime. 

But  to  return  to  our  subject.  Except  alfalfa,  the  grasses  are  annuals. 
Alfalfa  is  a  coar.se  variet)^  of  clover  with  deep  roots,  sometimes  extending  from 
ten  to  fifteen  feet  into  the  earth.  It  has  a  hard,  woody  fibre  about  an  inch 
in  diameter,  retains  its  verdure  from  year's  end  to  year's  end,  and  aflbrds 
excellent  pasturage  for  cattle.  Roses  remain  in  foliage  throughout  the  Win- 
ter, and  blossom  in  sheltered  places,  while  various  species  of  evergreen  shrubs 
and  trees,  unknown  to  the  Eastern  climate,  at  once  lend  a  cheerful  aspect  to 
the  landscape.  The  apple,  pear,  peach,  plum,  and  other  varieties,  are 
denuded  of  their  leaves,  as  at  the  East. 

And  now  comes  the  season  of  harvesting,  which  the  farmers  perform  at 
their  leisure,  leaving  their  stacks  unprotected,  and  their  grain  in  sacks 
piled  in  the  open  fields  for  months  at  a  time.  No  rain  ever  disturbs 
their  labors.  It  is  the  finest  harvest  weather  imaginable.  The  days  are 
uniformly  cool,  with  rare  exceptions,  enabling  man  and  horse  to  accomplish 
the  largest  amount  of  work  with  the  least  fatigue.  During  the  forenoon,  a 
good  breeze  springs  up  from  the  north,  blowing  steadily  till  night;  but 
unlike  the  cold  winds  of  the  sea-board,  it  is  tempered  to  a  genial  mildness  by 
the  fervid  rays  of  the  sun.  From  May  until  October,  the  sky  is  usually 
cloudless,  save  with  an  occasional  fog-bank  hovering  over  the  valley,  in  the 
early  morning,  which  is  soon  dispelled  by  the  sun.  There  is  but  very  little 
dew;  vegetation  dries  up;  the  fields  become  sere  and  brown;  the  roads 
exceedingly  dusty;  and  a  iiniversal  drought  prevails.  Yet,  though  dry,  the 
grasses  retain  their  nourishment,  and  the  stock  thrive  thereon,  until  the 
Winter's  rain  again  descends,  and  a  new  growth  commences. 

These  lengthy,  dry  Summers  are  truly  the  perfection  of  this  climate,  the 
desiccated,  cool  atmosphere  being  a  sure  protection  against  malaria,  hence 
fevers  are  almost  unknown.  The  nights  are  positively  sublime.  Invariably 
cool  enough  to  require  thick  covering,  sleep  becomes  a  luxury  rarely 
enjoyed  in  other  lands.  It  is  this  peculiarity  of  climate  that  gives  such  per- 
fection to  the  cereals,  such  luster  and  lusciousness  to  the  Summer  fruits  pro- 
duced in  the  Santa  Clara  valley. 

Next  come  the  hazy  Autumn  days.  The  trade- winds  have  ceased;  the 
atmosphere  grows   thick  with  gathering   moisture  ;   the  changing  currents 


\ 


GEOGRAPHY,    NAME,   POPULATION,    TOPOGRAPHY,    ETC.  27 

whirl  the  dust  and  leaves  into  weird  columns;  the  south  wind  settles  down 
to  its  work ;  and  the  drama  of  the  seasons  is  repeated. 

The  Thermal  Belt. — ^In  a  pamphlet  from  the  pen  of  J.  J.  Owen,  editor  of 
the  Mercury,  entitled  the  "  Resources  of  Santa  Clara  Valley,"  published 
under  the  auspices  of  the  San  Jose'  Board  of  Trade  in  the  year  1875,  we 
find  the  following  remarks  in  regard  to  what  is  usually  know  as  "  The  Warm 
Belt :  "— 

"  A  few  years  ago,  the  writer,  while  visiting  the  mountains  in  the  vicinity 
of  Lexington,  late  in  the  Fall  of  the  year,  observed  a  vineyard  on  the  mount- 
ain side,  in  the  lower  portion  of  which  the  leaves  were  sered  and  blighted 
with  the  frosts,  while  the  vines  further  up  the  hill  were  still  fresh  and  green. 
Upon  inquiring  into  the  matter  he  found  that  such  was  a  common  occur- 
rence— that  the  frosts  seldom  affected  the  upper  portion  of  the  vineyard. 
Other  portions  of  the  mountains  were  examined,  on  both  sides  of  the  valley, 
and  from  comparing  notes  with  the  settlers  in  those  localities,  it  was  ascer- 
tained that  there  was  a  belt  of  country  lying  upon  the  mountain  sides  that 
was  almost  entirely  exempt  from  frost.  This  belt  commences  at  an  altitude 
of  about  four  hundred  feet  above  the  level  of  the  valley,  and  extends  to  an 
altitude  of  about  twelve  hundred  feet — including  a  belt  of  country  upon  the 
mountain  sides  of  from  one  to  three  miles  in  width,  and  stretching  alonof 
the  whole  length  of  the  valley.  It  is  so  distinctly  defined  that  residents  of 
the  mountains  in  riding  up  from  the  valley,  in  the  night  time,  when  the  air 
is  still,  can  tell  within  a  few  rods  where  they  will  enter  the  warmer  cur- 
rents. 

"  The  section  is  known  to  all  old  residents  as  the  Warm  Belt.  The 
explanation  of  this  singular  feature  is  supposed  to  consist  in  this  :  The  warm 
air  of  the  valley  rising  at  night  along  the  mountain  sides,  meets  the  currents 
flowing  in  over  the  mountains,  and  is  formed  into  an  eddy  which  hugs  the 
land  and  wards  off  the  colder  temperature.  In  this  region  frost  is  rarely 
known  to  occur.  We  have  seen  potatoes  harvested  in  March,  in  this  belt, 
that  grew  and  ripened  in  the  open  air  during  the  pi'eceding  months. 
Oranges,  too,  as  fine  as  any  of  the  best  tropical  production,  are  grown  in  the. 
same  belt — as  yet  upon  a  small  scale,  but  indicative  of  what  can  be  accom- 
plished. 

"  It  must  be  borne  in  mind  that  these  hills  are  yet  almost  in  a  state  of  nature 
They  are  sparsely  settled,  and  but  few  improvements  have  yet  been  made 
— the  settler  preferring  the  valley  lands  at  a  much  greater  cost.  At  the 
same  time  the  hills  offer  attractions  and  adv^antages  for  country  homes  that 
cannot  be  found  in  the  valley.  The  lands  are  cheap,  and  the  titles  generally 
unquestionable.  Their  immunity  from  frosts  will  no  doubt  be  taken  advan- 
tage of,  at  no  distant  day,  in  the  cultivation  of  the  orange,  lemon  and  many 


28  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

kinds  of  tropical  fruits  not  entirely  indigenous  to  the  valleys.  This  region 
is  also  e.specially  adapted  to  the  culture  of  the  English  walnut,  pecan  nut, 
almond,  etc.,  and  possesses  the  natural  soil  and  climate  for  the  olive,  the 
raisin  grape,  and  fig." 

Mean  Temperature. — The  following  table  shows  the  mean  temperature  at 
San  Jose'  for  the  year  ending  May  31,  1851.  The  record  was  kept  by  Jack- 
son Lewis,  and  may  be  relied  upon  as  accurate.  We  have  no  later  record 
than  this.     It  is,  however,  a  fair  sample  of  every  year: — • 

MONTH.  Deg.  6  A.  M.     Deg.  12:30  p.  m.     Deg.    6  p.  m. 

.June 52:40  77:03  60:40 

July 55:32  81:71  64:84 

August 53:16  83:74  64:87 

September 55:63  79:17  65:10 

Octol)er .-". 46:48  74:68  63:06 

November .34:40  59:77  52:30 

December 3():61  53:68  45:26 

.January 36:68  54:42  48:00 

February 38:93  58:32  48:61 

March 39:99  62:58  51 :29 

April 50:37  69:23  54:00 

May 48:26  69:90  54:97 

Rainfall. — The  following  table  shows  the  exact  amount  of  rain  that  has 
fallen  from  1860  to  1880,  inclu,sive:— 

1860-61,  16.44  inches  1871-72,  17.88  inches 

1861-02,  25-61  "  1872-73,  17.23  " 

1862-63,  10.08  "  1873-74,  18.02  " 

1863-64,  24.73  "  1874-75,  16.50  " 

1864-65,  17.00  "  1875-76,  10.23  " 

1865-66,  18.00  "  1876-77,  12.00  " 

1866-67,  16.30  "  1877-78,  20.00  " 

1868-69,  15.68  "  1878-79,  12.00  " 

1869-70,  19.31  "  1879-80,  22.00  " 

1870-71,  14.40  " 

General  Remarks. — In  concluding  our  subject  of  the  climatography  of 
Santa  Clara  county,  let  us  quote  from  Lieutenant  Maury,  that  eminent 
scientist,  whose  fame  is  world-wide:  He  says  :  "The  calm  and  trade-winds 
regions,  or  belts,  move  up  and  down  the  earth,  annually,  in  latitude  nearly  a 
thousand  miles.  In  July  and  August,  the  zone  of  equatorial  calms  is  found 
between  seven  degrees  north  and  twelve  degrees  north;  sometimes  higher; 
in  March  and  April,  between  latitude  five  degrees  south  and  two  degrees 
north.  With  this  fact,  and  these  points  of  view,  before  us,  it  is  easy  to  per- 
ceive why  it  is  that  we  have  a  rainy  season  in  Oregon,  a  rainy  season  and  a 
dry  season  in  California,  another  at  Panama,  two  at  Bogota,  none  in  Peru, 
and  one  in  Chili.  In  Oregon  it  rains  every  month,  but  about  five  times 
more  in  the  Winter  than  in  the  Summer  months.  The  Winter  there  is  the 
Summer  of  the  Southern  hemisphere,  when  this  steam  engine  is  working 
with  the  greatest  pressure.  The  vapor  that  is  taken  by  the  south-east  trades 
is  borne  along  over  the  region  of  north-east  trades  to  latitude  thirty-five   or 


GEOGRAPHY,  NAME,  POPULATION,  TOPOGRAPHY,  ETC.  29 

forty  degrees  north,  where  it  descends  and  appears  on  the  surface  with 
the  south-east  winds  of  those  latitudes.  Driving  upon  the  high  lands 
of  the  continent,  this  vapor  is  condensed  and  precipitated,  during  this 
part  of  the  year,  ahnost  in  constant  showers,  and  to  the  depth  of  about 
thirty  inches  in  three  months.  In  the  Winter,  the  cahn  belt  of  Cancer 
approaches  the  equator.  This  whole  system  of  zones,  viz.:  of  trades,  calms, 
and  westerly  winds,  follows  the  sun;  and  they  of  our  hemisphere  are  nearer 
the  equator  in  the  Winter  and  Spring  months  than  at  any  other  season. 
The  south-east  winds  commence,  at  this  season,  to  prevail  as  far  down  as  the 
lower  part  of  California.  In  Winter  and  Spring  the  land  in  California  is 
cooler  than  the  sea  air,  and  is  quite  cold  enough  to  extract  moisture  from  it. 
But  in  Summer  and  Autumn  the  land  is  warmer,  and  cannot  condense  the 
vapors  of  water  held  by  the  air.  So  the  same  cause  which  made  it  rain  in 
Oregon  makes  it  rain  in  California.  As  the  sun  returns  to  the  north,  he 
brings  the  calm  belt  of  Cancer  and  the  north-east  trades  along  with  him; 
and  now,  at  places  where,  six  months  before,  the  south-Avest  winds  were  the 
prevailing  winds,  the  north-east  trades  are  found  to  blow.  This  is  the  case 
in  the  latitude  of  California.  The  prevailing  winds,  then,  instead  of  going 
from  a  warmer  to  a  cooler  climate,  as  before,  are  going  the  opposite  way. 
Consequently,  if  under  these  circumstances,  they  have  the  moisture  in  them 
to  make  rains  of,  they  cannot  precipitate  it.  Proof,  if  proof  were  wanting, 
that  the  prevailing  winds  in  the  latitude  of  California  are  from  the  west- 
ward, is  obvious  to  all  who  cross  the  Rocky  Mountains,  or  ascend  the  Sierra 
Madre." 

It  will  thus  be  seen  that  the  winds  which  have  so  genial  an  influence  upon 
our  climate  come  directly  from  the  Pacific  ocean;  forces  its  way  through 
the  Golden  Gate,  and,  striking  the  Contra  Costa  hills,  is  wafted  into  the 
Santa  Clara  valley. 

Earthquakes. — Thei-e  is  a  sort  of  nameless  terror  about  an  earthquake  to 
those  who  have  never  experienced  one,  and  to  many  who  have,  the  sensation 
is  anything  but  pleasant.  But  they  are  trifles  compared  with  the  terrible 
thunder-storms  and  hurricanes  that  prevail  on  the  other  side  of  the  conti- 
nent. Hundreds  of  people  are  killed  by  lightning  there  to  every  one  that 
loses  his  life  by  earthquakes  here.  The  thunder-storms  and  tornadoes  have 
this  advantage,  however :  they  send  their  warning  signals  of  gathering, 
skurrying  clouds  ahead,  to  prepare  people  for  the  dire  disaster  which  may 
soon  follow.  The  earthquake  steals  upon  one  when  he  least  expects  it.  A 
sudden  jarring  of  the  earth,  with  perhaps  a  deep  rumbling  noise,  followed  by 
a  quick  oscillating  motion,  which  dies  away  in  a  gentle,  tremulous  vibra- 
tion, and  all  is  quiet.  The  shock  seldom  lasts  longer  than  eight  or  ten  sec- 
onds.    Many  months  sometimes  intervene  between   these  earth  shocks,  and 


30  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

then  af^ain  we  have  known  several  to  occur  in  a  single  day.  For  the  last 
three  or  four  years  they  have  been  very  rare. 

"The  heaviest  shock  in  this  valley,  of  which  we  have  any  recollection, 
occurred  in  1 8G8,  when  some  brick  buildings  in  San  Jose'  were  more  or  less 
injured — fire  walls  and  chimneys  were  thrown  down,  plastering  cracked, 
etc.  The  shock  extended  for  several  hundred  miles  along  the  coast,  causing 
considerable  damage  to  property  in  San  Francisco  and  other  places.  It 
taught  architects  the  necessity  of  improving  their  methods  of  building,  by 
bracing  and  strengthening  their  walls  in  a  more  secure  manner.  In  the 
construction  of  chimneys,  also,  galvanized  iron  has  been  substituted  largely 
for  brick.  Wooden  buildings  are  considered  earthquake  proof.  They  are 
seldom  damaged  to  any  considerable  extent  by  the  shocks. 

"  There  are  various  theories  concerning  the  cause  of  these  disturbances, 
which  at  present,  however,  are  mainly  speculative.  It  is  possible  that  scien- 
tific research  may  eventually  fathom  the  cause,  if  not  provide  a  remedy. 
The  electric  theory  has  many  advocates.  In  other  countries  the  equi- 
librium of  the  upper  air  currents  of  electricity  and  those  of  the  earth  is  estab- 
lished and  brought  about  through  the  medium  of  cloud  conductors,  as  wit- 
nessed in  the  lightning's  flash  followed  by  the  thunder  peal.  Here  there 
are  no  cloud  conductors  during  the  Summer  months.  The  earth,  it  is  sup- 
posed, becomes  overcharged  with  electricity  which  seeks  an  equilibrium  with 
the  upper  air  currents  ;  hence  the  disturbance.  This  theory  is  strengthened 
by  the  fact  that  earthquakes  usually  occur  in  the  Fall  of  the  year  when  the 
clouds  besfin  to  orather  and  the  air  becomes  filled  with  moisture.  "  Good 
earthquake  weather,"  is  what  old  residents  designate  a  warm,  cloudy  day 
preceding  the  Winter  rains.  The  "  internal  fire  "  theory  has  also  its  advo- 
cates. But  whatever  may  be  the  cause,  we  much  prefer  an  occasional  earth- 
quake to  the  frequent  electrical  disturbances  that  cause  so  much  disaster-vto 
life  and  destruction  to  property  in  the  Atlantic  States." 

Descriptive. — Our  poor  pen  is  too  feeble  to  do  justice  to  so  grand  a  theme 
as  a  description  of  Santa  Clara  valley.  Better  is  it,  thei-efore,  that  the  lan- 
guage of  the  gifted  traveler  and  author.  Bayard  Taylor,  should  tell  the  tale. 
Of  this  valley  he  writes,  in  his  "Pictures  of  California:"  "How  shall  I 
describe  a  landscape  so  unlike  anything  else  in  the  world ;  with  a  beauty  so 
new  and  dazzling,  that  all  ordinary  comparisons  are  worthless?  A  valley, 
ten  miles  wide,  through  the  center  of  which  winds  the  dry  bed  of  a  Winter 
stream,  who.se  cour.se  is  marked  with  groups  of  giant  sycamores,  their 
trunks  gleaming  like  silver  through  masses  of  glossy  foliage.  Over  the  level 
floor  of  this  valley,  park-like  groves  of  oaks,  whose  mingled  grace  and 
majesty  can  only  be  given  by  the  pencil;  in  the  distance,  redwood,  rising 
like   towers;  westward,  a  mountain   chain,  nearly  four    thousand   feet    in 


GEOGRAPHY,    NAME,    POPULATION,    TOPOGRAPHY,    ETC.  31 

height,  showing  through  the  bhie  haze  dark  green  forests  on  the  background 
of  blazing  gold.  Eastward,  another  mountain  chain,  full-lighted  by  the  sun, 
rose-color,  touched  with  violet  shadows,  shining  with  marvelous  transpar- 
ency, as  if  they  were  of  gla.ss,  behind  which  .shone  another  sun.  Overhead, 
finally,  a  sky  whose  blue  luster  seemed  to  fall,  mellowed,  through  an  inter- 
vening veil  of  luminous  vapor.  No  words  can  describe  the  fire  and  force  of 
the  coloring — the  daring  contrast,  which  the  difference  of  half  a  tint  changed 
from  discord  into  harmony.  Here  the  great  artist  seems  to  have  taken  a  new 
palette,  and  painted  his  creation  with  hues  unknown  elsewhere.  Driving 
along  through  these  enchanting  scenes,  I  indulged  in  a  day-dream.  It  will 
not  be  long,  I  thought—I  may  live  to  see  it  before  my  prime  is  ovei' — until 
San  Jose'  is  but  five  days'  journey  from  New  York.  Gars,  which  shall  be, 
in  fact,  traveling  hotels,  will  speed,  on  an  unknown  line  of  rail,  from  the 
Mississippi  to  the  Pacific.  Then  let  me  purchase  a  few  acres  on  the  lowest 
slope  of  these  mountains,  overlooking  the  valley,  and  with  a  distant  gleam 
of  the  Bay;  let  me  build  a  cottage,  embowered  in  acacia  and  eucalyptus, 
and  the  tall  spires  of  the  Italian  cypress;  let  me  leave  home,  when  the 
Christmas  holidays  are  over,  and  enjoy  the  balmy  Januarys  and  Februarys, 
the  heavenly  Marches  and  Aprils,  of  my  remaining  years  here,  returning 
only  when  May  shall  have  brought  beauty  to  the  Atlantic  shore!  There 
shall  my  roses  outbloom  those  of  Passtum;  there  shall  my  nightingales  sing, 
my  orange  blossoms  sweeten  the  air,  my  children  play,  and  my  best  poem  be 
written.  I  had  another  and  grander  dream.  One  hundred  years  had 
passed,  and.  I  saw  the  valley,  not  as  now,  only  partially  tamed,  and  revel- 
ing in  the  wild  magnificence  of  nature,  but,  from  river-bed  to  mountain- 
summit,  humming  with  human  life.  I  saw  the  same  oaks  and  sycamores, 
but  their  shadows  fell  on  mansions,  fair  as  temples,  with  their  white  fronts 
and  long  colonnades.  I  saw  gardens  refreshed  by  gleaming  fountains, 
statues  peeping  from  the  bloom  of  laurel  bowers;  palaces  built  to  enshrine 
the  new  Art,  which  will  then  have  blossoms  here;  culture,  plenty,  peace, 
happiness,  everywhere.  I  saw  a  more  beautiful  race  in  possession  of  this 
paradise — a  race  in  which  the  lost  symmetry  and  grace  of  the  Greek  was  par- 
tially restored;  the  rough,  harsh  features  of  the  Oriental  type  gone;  milder 
manners,  better  regulated  impulses,  and  a  keen  appreciation  of  the  arts 
which  enrich  and  embellish  life.     Was  it  only  a  dream." 

Let  us  not  disturb  the  poetic  vision,  but  rather  say,  with   the  immortal 
Bard  of  Avon — 

"Oh,  if  this  were  seen, 
The  happiest  youth — viewing  his  progress  through, 
What  perils  past,  what  crosses  to  ensue — 
Would  shut  the  book,  and  sit  him  down  and  die." 


32  HISTORY    OF    SANTA    CLARA   COUNTY,    CALIFORNIA. 


THE  MINES  AND  SPRINGS  OF  SANTA  CLARA  COUNTY. 


THE    NEW   ALMADEN   QUICKSILVEB  MINE — THE   ENRIQUITA  MINE — PACIFIC    CONGRESS    SPRINGS — 

MAliRONE   SPRINGS — GILROY  HOT  SPRINGS,  ETC. 


Mines — The  New  Almaden. — It  is  usually  supposed  that  the  New  Alma- 
deu  Mine  was  known  to  the  Indians  more  than  three-quarters  of  a  centuiy 
a,(ro,  as  more  than  fifty  years  since,  it  was  made  known  by  them  to  the  Robles 
family  and  Luis  Chabolla.  The  ore,  or  cinnabar  is  a  red  sulphuret  of  mer- 
cury, which  when  pulverized  and  moistened  forms  a  red  pigment.  This 
matter  the  Indians  called  Mohetka — red  earth,  and  used  as  a  paint  where- 
with to  color  their  faces  and  body. 

In  1824  the  existence  of  the  mine  was  communicated  to  Don  Antonio 
Suiiol,  by  Robles,  who  worked  it  for  a  year  believing  that  it  contained  silver, 
but  not  finding  anything  to  repay  their  labor,  Mr.  Sunol  abandoned  the 
mine,  and  the  four  hundred  dollai's  capital  he  had  invested  in  it.  They  had 
no  idea  that  it  contained  quicksilver,  nor  did  their  knowledge  extend  to  the 
ore  that  contained  such  metal. 

On  November  12,  1845,  there  arrived  from  Sutter's  Fort  ab  the  Mission 
of  Santa  Clara  a  Mexican  officer  named  Andres  Castillero,  to  whom  was 
shown  some  specimens  of  the  ore  which  he  pronounced  to  be  silver,  with  an 
intermixture  of  gold.  While  experimenting  he,  however,  discovered  quick- 
silver, and  observed  to  those  present.  Father  Real  and  Jacob  P.  Leese,  that 
his  fortune  was  made  if  it  proved  to  be  as  rich  as  the  quicksilver  mines  of 
Spain,  for  there  was  a  standing  reward  of  one  hundred  thousand  dollars  offered 
by  the  Government  for  the  discovery  of  such  a  mine  in  the  Republic  of 
Mexico. 

We  are  informed  that  according  to  the  Spanish  and  Mexican  mining 
laws,  the  foundation  of  the  right  to  a  mine  is  discovery  ;  but  the  right  is  lost, 
unless  the  discoverer  makes  known  the  fact  before  the  judicial  tribunal, 
authorized  to  receive  such  declarations.  The  proceedings  are  ex  parte,  and 
consist  of  a  production  of  the  ore,  a  description  of  the  place  where  it  was 
discovered  and  of  the  person  of  the  discoverer.  These  facts  being  duly 
make  known  and  recorded,  the  title  passes  by  operation  of  law,  unless 
within  the  time  limited,  some  one  having  a  better  right,  appears.  Before 
he  is  entitled  to  a  registry  and  juridical  possession,  the  discoverer  is  required 
to  perform  two  acts  :  First,  he  must  appear  with  a  written  statement  of  the 


MINES   AND   SPRINGS   OF   SANTA   CLARA   COUNTY.  33 

facts  necessary  to  be  set  forth  ;  and,  Second,  lie  must  within  ninety  days 
thereafter,  make  a  pit  in  the  vein  of  his  registry  of  the  required  dimensions. 
These  performed,  lie  may  receive  formal  possession. 

To  the  end  that  he  should  obtain  a  formal  title  to  the  mine,  Castillero,  on 
November  22,  1845,  went  before  Pedro  ChaboUa,  the  Alcalde  at  San  Jo.s^ 
and  filed  the  following  document  : — 

"  Sen  or  Alcalde  of  First  Noinination — 

"  Andres  Castillero,  Captain  of  permanent  Cavalry,  and  at  present  resi- 
dent in  this  Department,  before  your  notorious  justification  makes  repre- 
sentation, that,  having  discovered  a  vein  of  silver,  with  a  ley  of  gold  on  the 
rancho  pertaining  to  Jose'  Reyes  Berreyessa,  retired  Sergeant  of  the  Presidio 
Company  of  San  Francisco,  and  wishing  to  woi'k  it  in  company,  I  request 
that  in  conformity  with  the  ordinances  on  mining,  you  will  be  pleased  to 
fix  up  notices  in  public  places  of  the  j  arisdiction,  in  order  to  make  sure  of 
my  right,  when  the  time  for  the  juridical  possession  may  arrive,  according 
to  the  laws  on  the  matter.  I  pray  you  to  provide  in  conformity,  in  which 
I  will  receive  favor  and  justice  ;  admitting  this  on  common  paper,  there  be- 
ing none  of  the  corresponding  stamp. 

"  Pueblo  of  San  Jose  Guadalupe,  November  twenty-second,  eighteen  hun- 
dred and  forty-five.  Andres  Castillero." 

On  December  3d,  another  document  is  transmitted  to  the  same  Alcalde, 
wherein  he  states  that  apart  from  the  silver  with  a  ley  of  gold  he  had  found 
liquid  quicksilver,  and  this  in  the  presence  of  several  persons  who  could 
be  summoned  if  necessary,  therefore  he  wished  this  communication  to  be 
placed  on  record,  and  that  he  might  be  placed  in  possession  according  to 
law.  Possession  was  given  to  him  by  First  Alcalde  Antonio  Maria  Pico,  in 
the  absence  of  a  Professional  Judge,  December  30,  184.5,  in  these  terms  : 
"  I  have  granted  three  thousand  yards  (varas)  of  land  in  all  directions,  sub- 
ject to  what  the  general  ordinance  of  mines  may  direct,  it  being  worked  in 
company,  to  which  I  certify,  the  witnes.ses  signing  with  me."  The  certifi- 
cate was  signed  by  Alcalde  Pico,  with  Antonio  Sufiol  and  Jos(^  Noriega,  as 
assisting  witnesses. 

Having  declared  his  intention  of  working  the  mine  in  company,  Castillero 
formed  a  copartnership  at  the  Santa  Clara  Mission,  divided  the  mine  into 
twenty-four  shares;  gave  four  shares  to  Rev.  Father  Jose  Maria  R.  S.  del 
Real  ;  four  to  Don  Jose  Castro  ;  four  to  the  brothers  Secundino  and  Teodero 
Robles ;  and  presuinably  kept  the  remainder  for  himself.  He  next  employed 
an  American  named  William  G.  Chard,  from  Columbia  county,  New  York,  who 
commenced  the  reduction  of  the  ore  and  so  continued  for  some  weeks  after  the 
following  primitive  fashion  described  by  Mr.  Hall :  He  took  a  gun-barrel, 
■charged  it  with  pieces  of  ore,  the  size  of  a  bean,  stopped  the  vent  with  clay, 
3 


34  HISTOKY    OF   SANTA    CLARA    COUNTY,    CALIFORNIA. 

put  the  muzzle  in  a  vessel  of  watei-,  and  built  a  fire  around  the  other  end. 
The  heat  drove  oft"  the  mercury  in  the  form  of  vapor,  which  passing  out  at 
the  muzzle,  was  condensed  in  the  water,  and  precipitated  itself  to  the  bot- 
tom in  the  i'orm  of  liquid  metal.  Three  or  four  gun-barrels  were  used  in 
this  way  at  the  same  time. 

In  the  meantime,  what  was  termed  "juridical  po.ssession"  of  the  mine  was 
given  to  Castilleio,  and  a  short  time  after  Chard  erected  a  furnace  near  the 
creek,  whither  he  transported  the  ore  to  be  reduced,  but,  owing  to  its  faulti- 
ness,  it  proved  of  no  use,  and  was  abandoned.  With  commendable  deter- 
mination and  ingenuity  Chard  next  essa3ed  the  following  process:  Obtain- 
ing six  whaler's  try-pots,  capable  of  holding  three  or  four  tons  of  ore,  he 
inverted  three  over  the  other  three,  and  thus  formed  a  furnace.  By  build- 
ing a  fire  around  these,  and  having  so  arranged  them  that  the  mercurial 
vapor  was  conducted  to  the  water,  he  succeeded  in  reducing  about  two 
thousand  pounds  of  quicksilver.  This  primitive  method  of  reduction  was 
continued  until  August,  1846,  when  Chard  and  his  Indian  workmen  left,  and 
nothing  further  was  done  until  the  following  Spring. 

In  1845,  the  Governor  of  California  received  the  information  of  the  dis- 
covery of  the  mine,  a  specimen  of  the  ore  being,  at  the  same  time,  sent  to 
the  authorities  in  Mexico.  In  1846,  Consul  Thomas  0.  Larkin  forwarded 
the  like  information  to  the  United  States'  Government  at  Washington,  and 
described  the  mode  of  acquiring  title  according  to  the  Mexican  law;  and, 
that  same  3'ear,  the  mine  was  visited  by  Fremont,  who  is  reported  to  have 
estimated  its  value  at  about  thirty  thousand  dollars. 

■  During  the  Winter  of  1846-7,  Castillero  disposed  of  certain  of  his  shares 
to  the  firm  of  Barron,  Forbes  &  Co.,  Tepic,  Mexico,  who  appointed  as  their 
agent,  Robert  Walkinshaw.  He  and  a  man  named  Alden  took  possession  of 
the  mine.  May  5,  1847.  Nothing  but  "holding"  the  property  would  appear  to 
have  been  done  by  these  custodians,  until  the  arrival,  in  November,  of 
Alexander  Forbes,  one  of  the  above-mentioned  firm,  with  a  corps  of  work- 
men, funds,  and  all  the  necessary  appliances  for  the  process  of  reduction.  A 
searching  examination  was  made,  and  the  mine  gave  evidence  of  great 
promise.  The  works  were  therefore  prosecuted  with  vigor.  Retorts  were 
quickly  established,  and  used  until  1850,  when  furnaces  were  constructed, 
and  the  metal  produced  in  large  quantities,  under  the  superintendence  of  the 
late  General  H.  W.  Halleck. 

Above  we  have  given  Mr.  Hall's  description  of  the  primitive  method  of 
reduction  adopted  by  W.  G.  Chard  in  1846;  let  us  now  see  what  he  says  of 
that  pursued  under  the  late  eminent  soldier:  "These  furnaces  (speaking  of 
these  erected  in  1850),  with  the  condensing  chambers,  are  from  one  hundred 
and  fifty  to  two  hundred  feet  long,  and  about  ten  feet  high.  The  furnace 
proper  is  about  fifteen  feet  long,  and  is  divided   into  two  compartments. 


MINES    AND  SPRINGS    OF    SANTA    CLARA    COUNTY.  35 

The  first  is  for  the  fuel;  the  second  lor  the  ore,  which  is  termed  the  oi-e-bed. 
The  partition  wall  between  the  fire  and  ore-bed  has  several  apertures,  of  the 
size  of  a  brick,  through  which  the  heat  reaches  the  ore.     Next,  and  adjoin- 
ing the  ore-bed,  is  a  tower  from  twenty  to  thirty  feet  high,  the  top  of  which 
is  bricked  air-tight,  and  has  a  perpendicular  brick  partition.     The  wall    of 
the  tower  adjoining  the  ore-bed  is  perforated  with  several  holes  of  the  size 
of  two  bricks.     The  partition  wall   of  the  tower,  has,  within  a  foot  of  the 
top,  an  aperture  about  a  foot  square.     The  long  condensing  chamber  is  next 
adjoining  the  tower.     It  is  divided  into  various  compartments.     The  second 
chamber  of  the  tower  connects  with  the  first  compartment  of  the  condens- 
ing chamber  by  an  aperture  about  the  size  of  four  bricks,  which  is  withm 
a  foot  of  the  top  of  the  chamber.     The  various  compartments  are  thus  con- 
nected with  like  apertures,  alternately,  at  the   top  and  bottom  of  the  cham- 
ber.    At  the  farther  end  of  the  condensing  chamber  is  a  high   chimney  to 
carry  off  the  smoke.     Between  the  chimney  and  the  long  and  large  condens- 
ing chamber  is  a  smaller  chamber,  over  which  water   continually  drips,  for 
the  more  rapid  condensation    of  the  mercurial   vapor.     Along  the  whole 
lenfjth  of  the  condensinc;  chamber,  is  an  exterior  trough.     At  the  bottom   of 
all  the  compartments  of  the  condensing  chambers,  are  holes  which  lead  to  the 
trough.     At  the  farther  end  of  the  trough,  near  the  chimney,   is  an   iron 
kettle  which  is  the  receiver  of  the  quicksilver.     For  the  purposes  of  reduc- 
tion, the  ore  is  pounded  into  pieces  of  about  the  size  of  a  hen's  egg,  then  placed 
in  the  ore-bed.     The  fuel  is  then  fired,  and  when  the  ore  has  received  a  suf- 
ficient degree  of  heat,  through  the  apertures  of  the  wall,  the  quicksilver,  in 
the  form  of  vapor,  is  emitted,  and  passes  with  the  smoke    into    the   first 
chamber  of  the  tower,  thence  it  rises  to  the  aperture  in  the  partition  wall, 
through  which  it  goes  into  the   second   chamber  of  the  tower ;   thence  down 
that  chamber,  through    the   the   aperture  near  the   bottom,   into  the  first 
compartment  of  the  long  condensing   chamber;  thence  it  rises  again,  and 
passes  through  the  aperture  near  the  top,  into  the    second  compartment; 
and  thus  continues,  rising    and  falling    alternately,  until  it  is  condensed. 
By  the  time  the  smoke  has   reached  the  chimney,  it  is  quite  robbed  of  its 
mercurial    companion.     As   the    vapor    passes   from    one    compartment    to 
the  other,  more  or  less  of  it  is  condensed  and  falls  to  the  bottom,  and  oozes 
out  of  the  holes  that  lead  to  the  exterior  trough ;  thence  it  runs  into    the 
iron  kettle.     Some  of  the  smoke  halts  in  its  passage,  and  drops,  in  the  form 
of  soot,  at  the  bottom  and  sides  of  the  various  compartments.     The  same 
is  removed  by  means  of  small  doors  thereto  attached  for  that  special  purpose. 
Undoubtedly,  a  small  percentage  of  the  metal  is  conducted  with  the  smoke 
up  the  chimney;  but  the  process  of  condensation  is  now  so  complete  that  the 
waste  is  inconsiderable." 

Of  the  chemical  analvsis  and   character  of  the  ore  of  this  mine  Professor 


36  HISTORY    OF   SANTA   CLARA   COUNTY,    CALIFORNIA. 

J.  D.  Whitney,  in  his  "Metallic  Wealth  of  the  United  States,"  says. 
"  The  ore  found  in  connection  with  sedimentary  strata,  composed  of  alter- 
nating beds  of  argillaceous  strata  and  layers  of  flint,  which  are  tilted  up  a 
higli  angle,  and  much  flexed.  They  are  considered  by  Mr.  Black  to  be  of 
Silurian  age,  but  their  position  has  not  been  determined  with  certainty.  With 
these  rocks  the  mercurial  ores  are  mingled  in  a  series  of  beds  and  lamina- 
tions of  great  number  and  extent,  so  that  the  whole  workings  are  very 
irregular  and  contorted.  The  masses  of  ore  are  separated  by  intercalated 
strata  of  rock  of  variable  thickness,  which  are  themselves  often  filled  with 
seams  and  bunches  of  the  sulphuret.  Numerous  veins  of  carbonate  of 
lime  traverse  the  rock  in  diflerent  directions,  cutting  through  the  ore  and 
dislocating  the  small  veins  ;  and  the  same  mineral  lines  cavities  in  the  masses 
of  cinnabar,  being  there  finally  crystalized,  and  sometimes  containing  bitu- 
men in  minute  globules.  The  sulphurets  of  iron  and  copper,  and  arsenical 
pyrites  are  associates  of  the  ore,  but  they  occur  in  very  small  quantities. 
An  analysis  of  the  ore  by  Professor  Hoff"man  gave:  Murcury,  67.25;  Sul- 
phur, 10.33;  silica,  alumina,  etc.,  22.55  =  100.13." 

The  search  for  the  metal  has  resulted  in  the  expenditure  of  much  money 
and  labor.  In  the  first  four  years  of  activity,  1846  to  1850,  the  amount  of 
money  paid  out  was  nine  hundred  and  seventy-eight  thousand  one  hundred 
and  fourteen  dollars,  while  metal  to  the  value  of  five  hundred  and  thirty- 
five  thousand  five  hundred  and  forty  dollars  was  extracted,  being  four  hun- 
dred and  forty-two  thousand  five  hundred  and  seventy-two  dollars  less  than 
the  amount  expended.  In  the  years  1850  and  1851  the  expenses  amounted 
to  forty  thousand  dollars  per  month,  while  the  amount  of  metal  produced 
was  .seven  thousand  five  hundred  pounds,  worth  sixty- three  thousand 
seven  hundred  and  fifty  dollars.  During  these  years  the  number  of  men 
employed  was  about  two  hundred,  composed  of  Mexicans  and  Indians. 
Now  the  men  employed  belong  to  all  nationalities,  but  principally 
Mexicans  and  Cornishmen.  The  ore  then  was  altogether  transported  from 
the  mine  to  the  furnaces  on  pack-mules ;  these  gave  way  to  wagons ;  now 
it  is  carried  on  cars  or  slid  down  on  incline  planes. 

The  mine  is  entered  about  two  hundred  feet  below  the  first  opening 
by  an  adit-level,  ten  feet  square,  stoutly  braced  with  timber,  and  about 
a  thousand  feet  long.  Through  this  the  ore  is  transported  on  cars  run. 
ning  on  iron  rails. 

Perhaps  the  reader  may  not  have  been  able  to  appreciate  the  vast  resources 
of  the  New  Almaden  Mine;  in  such  a  case  a  glance  at  the  annexed  table 
will  give  some  idea  of  the  great  wealth  produced  from  it : — 


MINES    AND    SPRINGS    OF    SANTA    CLARA    COUNTY 


37 


PRODUCTION      OF     QUICKSILVER      AT      NEW      ALMADEN,     FOR     TWENTY-EIGHT 

YEARS    AND    THREE    MONTHS. 


OBI 

1  • 

Flasks  of   ' 

Percentage 

No.  of 

DATES. 

Tons. 

Pounds. 

Quicksilver. 

Yield. 

Months. 

Till  V  1    1S50    to  June  30.  1851 

2,485 

717 

23,875 

36.74 

12 

Tnlv  1     1851     to  June  30    1852 

2,321 

2,419 

1290 

19,921 

32  82 

12 

July  1.  1852,   to  June  30,  1853 

1520 

18,035 

28.50 

12 

July  1,  1853,   to  June  .30,  1854 

3,724 

26,325 

27.03 

12 

.Tnlv  1     1854     to  .lune  30.  1855 

4,554 

1300 

31,860 

26 .  75 

12 

.Tnlv  1    1855    to  June  30.  1856 

5,177 

1200 

28,083 

20.74 

12 

.Tnlv  1    1856    to  June  30.  1857 

5,149 

5,498 

1900 

26,002 

19.31 

12 

-Tnlv  1     1  Si)?     to  June  HO.  1858 

1170 

29,347 

20.41 

12 

July  1,  1S5S,  to  October  31,  1858 

1,930 

1085 

10,588 

20.91 

4 

November  1,  1S5S,  to  January  31,  1861. 

(Closed  by   Injunction.) 

February  1,  1861,  to  January  31,  1862.  . 

6,661 

1200 

34,765 

19.96 

12 

February  1,  1862,  to  January  31,  1863.  . 

7,640 

1400 

40,391 

20.22 

12 

February  1,  1863,  to  August  31,  1863.  . . 

3,586 

660 

19,564 

20.86 

7 

September  1,  1863,  to  October  31,  1863  . 

1,173 

.... 

5,520 

18.00 

2 

November  1,  1863,  to  December  31,  1863. 

1,179 

1300 

4,447 

18.65 

2 

January  1,  1864,  to  December  31,  1864.  . 

11,638 

1600 

42,489 

13.96 

12 

January  1,  1865,  to  December  31,  1865.  . 

15,974 

400 

47,194 

11.30 

12 

January  1,  1866,  to  December  31,  1866.  . 

13,442 

1 300 

35,150 

10.00 

12 

January  1,  1867,  to  December  31,  1867. . 

13,011 

1933 

24,461 

7.19 

12 

January  1,  1868,  to  December  31,  1868. . 

14,702 

1530 

25,628 

6.66 

12 

January  1,  1869,  to  December  31,  1869.  . 

12,729 

175 

16,898 

5.07 

12 

January  1,  1870,  to  December  31,  1870.  . 

10,  .548 

1700 

14,423 

5.23 

12 

■January  1,  1871,  to  December  31,  1871.  . 

11,017 

700 

18,568 

6.44 

12 

January  1,  1872,  to  Decembor  31,  1872.  . 

10,708 

600 

18,574 

6.63 

12 

January  1,  1873,  to  December  31,  1873. . 

8,665 

375 

11,042 

4.87 

12 

January  1,  1874,  to  December  31,  1874. . 

11,727 

.    >   •    . 

9,084 

2.96 

12 

January  1,  1875,  to  December  31,  1875.  . 

15,553 

200 

13,648 

3.35 

12 

January  1,  1876,  to  December  31,  1876.  . 

16,658 

950 

20,549 

4.72 

12 

January  1,  1877,  to  December  31,  1877.  . 

18,615 

1600 

2.3,996 

4.93 

12 

January  1,  1878,  to  December  31,  1878.  . 

18,472 

1808 

15,852 

3.28 

12 

January  1,  1879,  to  December  31,  1879.  . 

27,5.32 

1135 

20,514 

2.85 

12 

January  1,  1880,  to  December  31,  1880. . 

30,677 

850 

23,465 

2.92 

12 

Totals  and  averages 

315,185 

1598 

700,258 

8.50 

339 

Product  of  Enriquita  from  1860  to  1863—10,571  flasks.. 

Total  product  of  all  the  mines  on  the  Company's  property,  710,829  flasks  of  76i   pounds 
each,  or  54,378,418^  pounds. 


The  Enriquita  Mine,  about  two  miles  to  the  north-west  of  the  New 
Ahnaclen,  is  the  property  of  the  same  company. 

The  landed  estate  of  this  corporation  consists  of  about  seven  thousand 
eio-ht  hundred  acres  ;  while  at  the  two  establishments  there  are  one  hundred 
and  fifty  dwelling  houses,  stores  and  workshops.  The  population  employed 
in  or  dependent  on  the  mines  amounts  to  fifteen  hundred;  the  company  hav- 
ing, at  the  present  writing,  March,  1881,  four  hundred  and  fifty  men  on 
their  pay  roll. 

The  principal  markets  for  the  sale  of  the  quicksilver  procured  at  these 
mines  are  in  Mexico,  China,  South  America,  and  the  gold  and  silver  produc- 
in£[  districts  of  California. 


38  HISTORY    OF   SANTA    CLARA    COUNTY,    CALIFORNIA. 

Let  US  now  turn  for  a  while  to  the  legal  phases  through  which  the  title  to 
the  New  Alniaden  mine  has  passed.  Mr.  Hall,  the  able  historian  and  lawyer, 
remarks  in  this  regard  :  "  The  title  was  claimed  by  the  persons  who  occu- 
pied the  premises,  under  the  name  of  the  New  Almaden  Mining  Company, 
but  the  petition  was  filed  before  the  Board  of  Land  Commissioners,  in  the 
name  of  Andres  Castillero,  for  his  benefit  and  those  holding  under  him. 

"  The  petition  set  forth  that  Castillero  discovered  a  mine  of  cinnabar  in 
1845  ;  that  he  formed  a  company  to  work  it  on  the  twenty-second  of  Novem- 
ber ;  that  on  the  third  of  December,  1845,  he  denounced  it,  and  on  the 
thirtieth  of  December  received  juridical  possession,  in  due  form,  from 
the  Magistrate  of  that  jurisdiction  ;  that  the  record  of  his  mining  pos- 
session was  afterwards  submitted  to  the  Junta  de  Fomento  y  Adminis- 
tracion  de  Mineria,  which  declared  it  to  be  legal,  and  recommended  to 
the  Executive  not  only  that  it  be  confirmed,  but  that  two  square  leagues 
be  granted  him  on  the  surface  of  his  mining  possession  ;  that  the  grant  of 
two  square  leagues  was  made  on  the  twentieth  of  May,  1846,  and  an  order 
or  patent  of  title  issued  to  him  on  the  twenty-third,  with  which  he 
started  to  take  possession,  but  was  prevented  by  the  war  ;  that  as  soon 
as  possible,  he  got  a  survey  made ;  that  by  virtue  of  these  facts,  he  acquired 
a  perfect  title,  under  which  he  and  his  grantees  have  held  possession  ever 
since  1845,  expending  immense  sums  of  money  upon  it.  The  petition  prays 
the  Board  to  confirm  to  him  'the  two  square  leagues  of  land,  as  embraced  in 
his  mining  possession  and  grant,  as  aforesaid.'  Such  are  the  facts  as  laid 
before  the  courts,  together  with  documentary  and  oral  evidence  in  support 
thereof. 

"  The  Board  of  Land  Commissioners  decided  adversely  to  petitioner's 
claim,  whereupon  an  appeal  was  taken  to  the  United  States  District  Court, 
where,  January  18,  1861,  the  decision  of  the  Commissioners  was  reversed, 
and  the  claiui  of  petitioner  declared  to  be  good  and  valid  to  the  mine  known 
by  the  name  of  New  Almaden,  and  of  all  ores  and  minerals  of  whatsoever 
description,  in  fee  simple.  That  the  mine  is  equal  to  seven  pertenencias 
being  of  solid  or  a  rectangular  base,  two  hundred  Castillian  varas  long,  of 
the  width  established  by  the  Ordenanzas  of  1783,  and  a  depth,  including 
the  surface,  to  the  center  of  the  earth ;  that  they  may  select  the  said  perte- 
nencias, so  that  they  shall  be  contiguous  to  each,  that  is,  in  one  body,  and  to 
include  the  mouth  of  the  original  mine. 

"From  this  decision  an  appeal  was  taken  to  the  United  States  Supreme 
Court.  This  Court  at  the  December  term,  1862,  held  that  no  such  registry  of 
the  particulars  concerning  the  mine,  nor  of  the  action  of  the  Alcalde  upon  the 
allegations  of  the  petition,  nor  of  his  proceedings  in  respect  to  the  juridical 
possession  of  the  mine  was  ever  made,  as  is  required  by  the  ordinance ;  nei- 
ther were  tha  jjertenencias  measured  nor  definitely  located  ;  nor  the  boundaries 


MINES    AND    SPRINGS    OF   SANTA    CLARA   COUNTY.  39 

fixed,  nor  the  stakes  set,  as  therein  required.  Registry  has  been  required  as 
the  basis  of  the  title  to  a  mine  wherever  Spanish  law  has  prevailed,  for  more 
than  three  centuries.  The  Court  was  of  opinion  that  no  case  ever  showed 
the  necessity  of  such  registry  more  than  the  present  one.  The  Court 
further  held  that  the  Alcalde  could  not  act  in  the  place  of  a  Judge  of  First 
Instance,  under  the  mining  regulations.  The  Court  seemed  to  think  that 
the  case  was  spotted  all  over  with  fraud;  and  the  conclusion  arrived  at  was, 
that  the  claim  was  invalid,  and  therefore  the  decree  of  the  District  Court 
was  reversed,  and  the  cause  remanded,  with  directions  to  dismiss  the  entire 
petition. 

"  Justice  Catron  gave  a  dissenting  opinion,  holding  that  Castillero  acquired 
an  incipient  right,  by  discovery  of  the  mine,  and  the  surface  of  land  lying 
above  the  mine,  to  the  extent  that  it  was  adjudged  to  him  by  the  District 
Court.  He  also  was  of  opinion  that  the  Alcalde  had  jurisdiction  as  a 
judicial  magistrate,  in  the  absence  and  non-existence  of  any  authority  in 
California,  to  make  the  registry  and  give  possession. 

"  The  mine  was  claimed  by  four  different  parties ;  that  is,  by  parties  claim- 
ing under  four  distinct  sources  of  title,  namely  :  under  the  Ju.sto  Larias 
grant,  the  Jose  R.  Berreyessa  grant,  the  title  denouncement  by  Castillero, 
and  by  the  United  States  as  being  on  public  land.  It  was  finally  decided 
that  the  mine  was  on  the  Justo  Larias  grant,  and  that  the  furnaces  and  im- 
provements of  the  company  below  the  hill  were  on  the  Berreyessa  grant. 
The  company  bought  in  these  two  titles  to  protect  themselves." 

An  injunction  was  laid  upon  the  mine  in  October,  1858,  and  remained 
thereon  until  February,  1861  ;  during  which  period  no  work  was  performed. 
In  1864  the  company  disposed  of  the  mine  and  all  improvements  for  the 
sum  of  one  million  seven  hundred  thousand  dollars,  the  purchasers  beino-  a 
company  chartered  under  the  laws  of  New  York  and  Pennsylvania  as 
"  The  Quicksilver  Mining  Company,"  with  a  capital  stock  of  ten  millions  of 
dollar^,  divided  into  one  hundred  dollar  shares.  This  company  is  the  pres- 
ent owner  of  the  mine,  while  tlie  managers  under  it  since  1864  have  been  : 
S.  F.  Butterworth  to  June  1,  1870,  succeeded  by  J.  B.  Randol. 

Springs — The  Pacific  Congress  Springs. — One  mile  above  the  beautiful 
village  of  Saratoga,  and  north-west  from  it,  on  Campbell's  creek,  are  situated 
the  Pacific  Congress  Springs,  so  called  because  of  the  resemblance  of  the  waters 
to  those  of  Congress  spring,  one  of  the  fountains  at  Saratoga,  New  York. 
This  is  one  of  California's  most  picturesque  and  popular  watering-places  and 
Summer  retreats,  and,  also,  is  in  great  favor  as  a  Winter  resort.  It  is  open 
the  year  round.  There  are  at  this  place  three  of  these  spring.s,  the  two 
lower  but  four  feet  apart,  the  third  being  separated  from  them  by  a  space 
of  about  fifty  feet.     They  are  but  a  foot  or  two  deep,  being  excavated  from 


40  HISTORY    OF    SANTA   CLARA    COUNTY,    CALIFORNIA. 

the  sandstone,  the  lower  one  which  receives  the  drainage  of  the  others; 
sending  oti"  a  stream  about  two  inches  in  size.  The  water  from  these  springs 
are  so  nearly  aUke  that  the  difference  can  scarcely  be  perceived  by  the  taste. 
By  analysis  it  is  shown  to  contain  335.8.37  grains  of  solid  matter  to  the  gal- 
lon, composed  as  follows:  Chloride  of  sodium,  119.159;  Sulphate  of  soda, 
12.140;  Carbonate  of  soda,  123.351;  Carbonate  of  iron,  14.030;  Carbonate 
of  lime,  17.295,  and  Silica  alumina,  with  a  trace  of  magnesia,  49.882.  It  is 
considered  a  healthful  and  refreshing  beverage,  and  has  gained  much  favor 
with  the  public,  several  dozens  of  bottles  being  sent  away  daily.  The  gas 
is  collected  in  a  receiver  placed  over  the  principal  fountain  of  the  group, 
whence  it  is  conducted  through  a  pipe  and  forced  into  the  bottles. 

Congress  Hall,  originally  only  fifty  by  fifty  feet,  was  established  as  a 
Summer  resort  by  D.  Q.  Mills,  A.  Hayward,  A.  J.  Easton,  E.  W.  Knight,  O. 
F.  Grirtin,  Louis  JVIcLane,  John  0.  Earl  and  George  R.  Spinney.  It  was 
opened  June  16,  18GG,  since  which  time  it  has  been  growing  in  favor  and  its 
accommodations  increasing.  Belonging  to,  and  rising  about  it,  are  seven 
hundred  and  twenty  acres  of  wooded  hill-side.  The  present  length  of  the 
building  is  two  hundred  and  twenty-five  feet,  with  sixty-three  well  venti- 
lated rooms ;  surrounding  it  are  homelike  cottages,  while  it  is  possessed  of 
every  modern  appliance  and  convenience,  there  being  over  five  miles  of 
water-pipe  distributed  through  the  buildings  and  grounds.  The  present 
proprietor,  Lewis  A.  Sage,  has  owned  and  successfully  conducted  the  estab- 
lishment since  1873;  he  has  his  own  dairy,  vineyai'd  and  fish-pond,  while  he 
is  suflicient  of  a  sportsman  to  rigidly  preserve  the  game  on  his  property. 

The  springs  are  five  minutes', walk  from  the  Hall,  and  are  controlled  by 
Bliven  and  Mitchell,  No.  29,  New  Montgomery  street,  San  Francisco. 

For  a  nice,  quiet,  homelike  place,  and  charming  climate,  this  resort  is 
unexcelled  on  the  Pacific  coast.  It  is  connected  by  easy  stages  with  Los 
Gatos,  on  the  South  Pacific  Coast  Railroad,  only  four  miles  distant,  and  with 
San  Jose,  ten  miles  away. 

The  Madrone  Springs. — The  now  well-known  Madrone  Mineral 
Springs  are  situated  in  Burnett  township,  about  twenty-five  miles  south- 
east from  San  Jos^,  in  the  Coast  Range,  at  an  altitude  of  two  thousand 
feet,  and  located  in  a  sheltered  and  picturesque  canon  at  the  foot  of  the 
Pine  Ridge.  The  place  is  free  from  fogs ;  the  atmosphere  is  pure  and  invig- 
orating, and  the  temperature  is  mild  and  pleasant.  The  mountains  are  clothed 
with  such  trees  as  pine,  oak,  maple,  laurel,  madrone,  while  medicinal  plants 
ai-e  found  in  profusion  in  the  vicinity. 

The  early  traditions  of  the  Madrone  Springs  state  that  they  were  known 
to  the  Indians,  and  there  is  little  doubt  that  they  were  the  "  medicine  waters  " 
of  one  of  their  tribes,  for  many  relics  in  the  shape  of  mortars,  hatchets,  arrow- 


MINES    AND    SPKINGS    OF    SANTA    CLARA    COUNTY.  41 

heads  and  such  like,  have  been  aad  are  being  still  turned  up  in  all  directions. 
Of  their  later  history  the  following  has  been  garnered  :  In  the  year  ISGG  a  na- 
tive Californian  named  Juan  Moreno,  discovered  the  springs  while  on  a  hunt- 
ing expedition,  but  took  no  heed,  at  any  rate  he  did  nothing;  in  1868  he  was 
joined  by  John  Luce,  an  old  mountaineer,  when  a  log  cabin  was  constructed, 
and  a  residence  established,  whence  they  could  overlook  the  few  cattle  they 
had  on  the  range.  C.  S.  Adams,  of  Gilroy,  who  had  become  an  invalid, 
hearing  of  the  place,  visited  it  and  derived  much  benefit  therefrom.  In  1874 
he  purchased  Moreno's  interest,  and  erected  four  cottages,  which  still  remain, 
though  considerably  altered,  but  he  did  not  advertise  the  place  as  a  resort. 
In  1879  he  bought  the  remaining  claim  on  the  property  from  Luce,  and  thus 
became  the  sole  ])roprietor.  In  that  year.  Dr.  Clinton  Munson,  of  Oakland, 
finding  his  health  failing,  knowing  of  the  existence  of  these  springs,  visited 
them,  and  derived  much  benefit.  In  the  month  of  June,  1879,  in  con- 
junction with  Marshall  E.  Hunter,  of  Gilroy,  he  purchased  the  springs 
from  Adams,  the  present  proprietors  being  Munson  &  Hunter,  the  former  of 
whom  resides  on  the  premises. 

These  springs  are  situated  six  miles  north  of  the  celebrated  Gilroy  Hot 
Springs,  connecting  with  which  there  is  a  bridle  path  ;  there  is  a  fine  road 
to  the  Madrone  station  of  the  Southern  Pacific  Railroad,  with  which 
there  is  a  du-ect  stage  line  to  the  springs,  making  four  trips  daily  in  the 
season,  the  ride  being  through  some  of  the  finest  scenery  in  the  Coast  Range; 
here  the  visitor  will  find  accommodation  for  thirty  guests,  in  eight  detached, 
comfortable  cottages.  The  springs  are  chiefly  one  of  natural  soda  water, 
the  principal  properties  of  which  are  soda,  iron  and  magnesia.  This  has 
proved  of  great  medicinal  virtue  in  dyspepsia,  liver  complaints,  kidney  dis- 
eases, and  neuralgic  affections.  Another  is  strongly  impregnated  with  iron 
and  arsenic,  which,  for  debility,  skin  diseases,  asthma,  and  other  affections, 
has  proved  an  excellent  curative.  There  is  a  white  sulphur  spring,  which  is 
also  utilized,  while  guests  may  be  supplied  with  hot  and  cold  baths  of 
natural  soft  water.  Dr.  Munson,  who  we  have  said  resides  at  the  Springs, 
giving  his  personal  attention  to  invalids  visiting  the  place,  informs  us  that 
it  is  not  the  intention  of  the  proprietors  to  make  this  a  "  fashionable  "  place, 
hut  Si  homelike  resort,  where  gixeats  can  enjoy  complete  rest,  and  that  it  is 
their  intention  to  erect  a  building  to  be  used  as  a  Sanitarium,  where  patients 
will  be  received  at  all  seasons  of  the  vear,  and  obtain  medical  treatment  in 
connection  with  the  waters. 

The  Gilroy  Hot  Mineral  Springs. — 'About  twelve  miles  from  the 
depot  of  the  Southern  Pacific  Railroad,  at  Gilroy,  in  a  small  rocky  ravine, 
in  the  Coyote  Canon,  near  the  headwaters  of  that  creek,  where  the  mount- 
ains, timber-clad   to  their  summits,  rise  several  hundred  feet  on  both  sides  of 


42  HISTOKY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

that  stream,  Francisco  Cantua,  a  Mexican  shepherd,  while  hunting  for 
some  of  his  stray  tlock,  in  1865,  discovered  what  are  now  these  famous 
springs.  He  lost  no  time  in  filing  a  squatter's  claim  to  the  premises,  and  for 
some  years  used  it  as  a  camping-ground  for  himself  and  friends.  It  is  not 
probable  that  the  Indians  were  aware  of  their  existence,  for  no  remains  have 
been  found,  besides,  the  hills  were  much  infested  with  wild  beasts,  a  fact 
which  may  account  for  their  lack  of  knowledge  on  the  subject.  Cantua 
sold  his  interest  a  short  time  after  to  Geo.  Roop,  who  at  once  commenced  the 
grading  of  a  road  to  the  springs,  the  erection  of  houses,  and  the  '  general 
clearing  and  adornment  of  the  locality.  He  then  took  into  partnership 
Charles  H.  Twombly,  Cashier  of  the  First  National  Gold  Bank  in  Oakland, 
Alameda  county,  who,  in  1872,  sold  his  share  to  John  A.  Cottle,  and  the  pro- 
prietors became  Roop  &  Cottle,  the  latter  gentleman  taking  charge,  and 
commencing  a  series  of  much  needed  improvements.  In  1874  a  building, 
containing  three  dining  rooms,  capable  of  accommodating  two  hundred 
guests,  with  sitting  room  besides,  and  on  the  upper  floor  sleeping  apartments, 
was  erected  at  a  cost  of  twelve  thousand  dollars.  In  addition  to  this  pala- 
tial structure  there  are  eiofhteen  cottasfes  for  families,  and  buildino^s  contain- 
ing  bedrooms  alone,  the  whole  being  capable  of  housing  two  hundred  and 
forty  visitors. 

Situated  about  one  hundred  yards  from  the  hotel,  in  a  well-protected  spot, 
and  covered  with  a  shapely  kiosk,  is  the  hot  spring,  represented  as  possessing 
such  remarkable  medicinal  qualities.  It  discharges  continuously  about 
three  inches  of  water,  of  a  nearly  uniform  temperature  of  one  hundred  and 
eighteen  degrees,  Fahrenheit,  and  contains  in  solution  sulphur,  iron,  soda, 
magnesia,  baryta,  arsenic  (in  small  quantities),  and  alum  (in  small  quanti- 
ties). It  is  pungent,  but  by  no  means  unpleasant  to  the  taste.  The  bathing 
accommodation  is  commodious  and  well  arranged,  there  being  two  sepai'ate 
plunge-baths  for  ladies  and  gentlemen,  and  a  dozen  tub-baths  in  neat  and 
clean  apartments.  Within  fifteen  feet  of  the  hot  spring  there  are  a  dozen  or 
more  large  springs  of  pure  cold  water,  while  nearly  three-fourths  of  a  mile 
from  the  hotel  is  a  romantically  situated  garden,  where  anything  and  every- 
thing will  flourish,  from  an  orange  to  a  turnip.  The  place  is  supplied  with 
all  modern  impi^overaents:  there  is  telegraph  communication  with  the  out- 
side world  ;  on  March  28, 1873,  a  post-office  was  established,  which  is  still  in 
operation;  and  there  is  stage  communication  with  Gilroy  twice  a  day. 

The  situation  of  the  Gilroy  Hot  Springs  is  twelve  hundred  feet  above  the 
sea  level,  in  the  very  heart  of  the  mountains,  amid.st  groves  of  pine  and 
oak,  which  are  filled  with  game  of  all  kinds ;  near  by,  the  Coyote  affords 
a  harvest  of  trout  to  the  disciples  of  Izaak  Walton,  to  this  add  the  delif^-htful 
climate,  the  picturesque  walks,  the  opportunities  for  thrilling  adventure,  and 
the  curative  qualities  of  the  water,  and  no  more   charming  resort  for   the 


MINES    AND   SPRINGS    OF    SANTA    CLARA    COUNTY.  43 

pleasure-seeker,  or  the  invalid,  is  to  be  f(jun(l  on  the  Pacific  coast.  The 
present  proprietors  are  Cottle  &  Arrick,  who  are  ably  assisted  by  the  ever- 
popular  Pete  Wilmarth. 

Mills'  Seltzer  Springs. — These  springs  are  situated  ten  miles  west 
from  the  town  of  Santa  Clara  where  the  proprietor  owns  sixteen  acres. 
They  are  almost  inexhaustible,  their  capacity  being  about  forty  thousand 
gallons  in  the  twenty-four  hours,  while  the  fluid  is  declared  to  be  equal  in 
its  properties  and  flavor  to  any  foreign  liquid  of  the  same  nature. 

In  concluding  this  chapter  it  would  be  well  to  remark  that  these  are  not 
the  only  mines  and  springs  in  Santa  Clara:  we  were  unable  to  obtain  histo- 
ries of  the  others,  through  no  fault  of  ours,  for  repeated  application  was 
made  in  the  proper  quarter,  but,  unhappily,  with  no  result.  Should  any 
remarks,  therefore,  be  made  under  this  head,  it  must  be  remembered  that 
repeated  journeys  for  information  on  one  especial  subject  is  beyond  possi- 
bility, where  an  entire  county  has  to  be  visited  in  the  search  for  the  vast 
amount  of  m.atter  collated  in  these  pages. 


44  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 


THE  EARLY  HISTORY  AND  SETTLEMENT  OF  SANTA  CLARA 

COUNTY. 


"  Let  us  depart !  the  universal  sun 

Confines  not  to  one  land  his  blessed  beams; 
Nor  is  man  rooted,  like  a  tree,  whose  seed 
The  winds  on  some  ungenial  soil  have  cast 
There,  where  it  cannot  prosper." 

America  was  discovered  by  Columbus  on  the  twelfth  day  of  October, 
1492,  and  what  a  feat  was  this!  Not  so  much  a  marvel  is  it  that  he  came 
upon  the  vast  contincyit,  as  that,  in  those  so-called  dark  ages  there  were 
found  men  of  such  great  courage  and  knowledge,  unscientific  though  that 
may  be,  to  sail  away  into  the  darkness,  as  it  were,  and  sustain  themselves 
against  peril  on  every  hand  to  eventually  give,  not  only  to  their  country, 
but  to  mankind,  the  rarest  continent  of  a  beatific  creation.  As  the  veriest 
school-boy  knows  and  utters  in  a  sing-song  drawl,  America  was  discovered 
as  stated  above,  and  became  the  territory  of  Spain.  The  Pacific  ocean  was 
given  to  the  world  by  Vasco  Nunez  de  Balboa,  who  looked  down  from  the 
heights  of  Panama  upon  its  placid  bosom  on  the  twenty-fifth  day  of  Sep- 
tember, 1513.  In  1.519  Mexico  was  conquered  by  Hernando  Cortez,  and 
sixteen  years  thereafter,  in  1537,  his  pilot,  Zimenez,  discovered  Lower  Cali- 
fornia. In  1542  a  voyage  of  discovery  was  made  along  the  Californian  coast 
by  the  famous  Captain  Juan  Rodriguez  Cabrillo,  on  the  5  th  July  of  which 
year,  he  landed  at  St.  Lucas,  in  Lower  California,  and  following  the  coast 
he  finally  entered  the  delightful  harbor  of  San  Diego,  in  Upper  California 
on  September  28th.  This  place  he  named  San  Miguel,  which  was  after- 
wards changed  by  Viscaiho  to  that  which  it  now  bears. 

The  noted  English  voyager,  Sir  Francis  Drake,  sailed  along  the  coast  in 
1579,  but  historians  are  doubtful  as  to  whether  he  discovered  the  San  Fran- 
cisco bay.  It  would  appear  that  this  voyage  was  made  from  Oregon,  where 
it  is  said  his  Spanish  pilot,  Morera,  left  him,  and  thence  found  his  way  over- 
land to  Mexico,  a  distance  of  three  thousand  five  hundred  miles.  The  name 
of  New  Albion  was  given  to  the  country  by  Drake,  with  the  evident  inten- 
tion of  securing  it  for  the  British  crown. 

It  was  not  until  1602,  however,  that  the  Spaniards  took  any  actual  steps 
to  possess  and  colonize  the  continent.  In  that  year  Don  Sebastian  Viscaiho 
was  dispatched  by  the  Viceroy  of  Mexico,  acting  under  the  instructions  of 
his  royal  master,  King  Philip  III.,  on  a  voyage  of  search  in  three  small  ves- 
sels. He  visited  various  points  on  the  coast,  among  them  San  Diego;  was 
well  pleased  with  the  appearance  of  the  country,  and  on  December  10th  dis- 


EARLY    HISTORY    AND    SETTLEMENT.  45 

covered  and  entered  a  harbor,  which  he  named  in  honor  of  Count  de  Monte- 
rey, the  viceroy  who  had  dispatched  him  on  the  cruise.  We  are  told  that  part 
of  this  expedition  reached  as  high  as  the  Columbia  river,  and  that  the  whole 
subsequently  returned  to  Acapvilco.  Its  efforts  were  pronounced  satisfac- 
tory, a  glowing  description  of  the  landscape  was  given,  but  whether  they 
discovered  the  San  Francisco  bay  is  as  much  a  matter  of  conjecture  and 
doubt  as  Drake's  visit. 

For  some  unexplained  cause  not  much  use  had  been  made  of  the  informa- 
tion gained  from  these  trips,  which  were  of  frequent  occurrence,  and  it  was 
not  for  one  hundred  and  sixty-eight  years  that  any  steps  towards  the  perma- 
nent settlement  of  Upper  California  were  undertaken.  Under  the  joint 
manao-ement  of  Church  and  State  a  plan  with  this  end  in  view  was  com- 
menced  in  the  year  1683,  but  it  failed,  the  State  being  there  represented  b}' 
Admiral  Otondo,  and  the  Church  by  a  Jesuit  Father  named  Kino,  La  Paz 
beino-  their  point  of  operation;  but  we  believe  we  are  correct  in  stating  that 
they  did  not  all  visit  Upper  California.  The  settlement  of  the  peninsula 
was  finally  undertaken  fourteen  years  later,  when  sixteen  missionary  estab- 
lishments were  founded  by  Father  Salva  Tierra.  The  order  which  he  rep- 
resented falling  into  disgrace  in  Europe,  however,  was  banished  from  the 
dominions  of  Spain  and  Lower  California  in  1768,  after  laboring  for  sev- 
enty years.  They  were  in  turn  succeeded  by  the  Franciscans  and  Domini- 
cans, .the  former  of  whom,  under  the  guidance  of  Father  Junipero  Serra, 
proceeded  to  the  conquest  and  conversion  of  this  part  of  the  country.  This 
Reverend  Father  is  recognized  by  the  Roman  Catholic  Church  as  the  apostle 
of  Upper  California,  and  acknowledged  in  history  as  its  founder. 

The  first  permanent  settlement  was  made  in  San  Diego  in  1769,  when 
was  also  established  the  first  mission,  whence  further  operations  were 
directed  and  new  missions  founded.  On  July  14,  1769,  Caspar  de  Portala, 
who  commanded  the  expedition  that  called  a  halt  at  San  Diego,  left  that 
place  for  Monterey,  and  there  erected  a  cross: 

"  Pious  Portala,  journeying  by  land. 
Reared  high  a  cross  upon  the  heathen  strand, 

Then  far  away, 
Dragged  his  slow  caravan  to  Monterey." 

With  Father  Junipero  Serra;  he  continued  his  northward  journey  and,  by 
the  merest  accident,  came  upon  the  world-renowned  Bay  of  San  Francisco. 

Finding  it  a  place  answering  every  requirement  he  named  it  after  San 
Francisco  de  Asisi,  and  seven  years  later,  June  27,  1776,  possession  was  taken 
of  the  spot  and  a  presidio  established,  the  mission  being  located  on  the  site 
of  the  present  church.  There  may  be  a  doubt  as  to  whether  the  bay  was 
ever  discovered  by  Drake  or  Viscaiiio,  but  there  is  none  of  the  visit  of 
Gaspar  de  Portala,  then  Governor  of  the  Californias.  Henceforward  the 
establishment  of  missions  was  rapid,  as  will  be  gathered  from  the  accom- 
panying list: — 


46  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

Mission  San  Diego,  in  San  Diego  county,  founded  under  Carlos  III.,  July  16^ 

17(39;  containing  22.24  acres. 
Mission  San  Luis  Rey,  in  San  Diego  county,  founded  under  Carlos  IV.,  June 

13,  1798;  containing  53.39  acres. 
Mission  San  Juan  Capistrano,  in  Los  Angeles  county,  founded  under  Carlos 

III.,  November  10,  1776;  containing  44.40  acres. 
Mission  San  Gabriel  Arcangel,  in  Los  Angeles  county,  founded  under  Carlos 

III.,  September  8,  1771;  containing  190.69  acres.     Patented. 
Mission  San  Buenaventura,  in  Santa  Barbara  county,  founded  under  Carlos 

III.,  March  31,  1782;  containing  36.27  acres. 
Mission  San  Fernando,  in  Los  Angeles  county,  founded  under  Carlos  IV., 

September  8,  1797;  containing  76.94  acres. 
Mission  Santa  Barbara,  in  Santa  Barbara  county,  founded  under  Carlos  III., 

December  4,  1786;  containing  37.83  acres. 
Mission   Santa  Inez,  in   Santa  Barbara  county,  founded  under  Carlos  IV., 

September  17,  1804;  containing  17.35  acres. 
Mission  La  Purisima  Concepcion,  in  Santa  Barbara  county,  founded  under 

Carlos  III.,  December  8,  1787. 
Mission  San  Luis  Obispo,  in  San  Luis  Obispo  county,  founded  under  Carlos 

III.,  September  1,  1772,  containing  52.72  acres.     Patented. 
Mission  San  Miguel  Arcangel,  in  San  Luis  Obispo  county,  founded  under 

Carlos  IV.,  July  25,  1797;  containing  33.97  acres.     Patented. 
Mission  San  Antonio  de  Padua,  in  San  Luis  Obispo  county,  founded  under 

Carlos  III.,  July  14,  1771;  containing  33.19  acres.     Patented. 
Mission  La  Soledad,  in  Monterey  county,  founded  under  Carlos  IV.,  October 

9,  1791;  containing  34.47  acres.     Patented. 
Mission  El  Carme,  or  San  Carlos  de  Monterey,  in  Monterey  county,  founded 

under  Carlos  III.,  June  3,  1770;  containing  9  acres.     Patented. 
Mission  San  Juan  Bautista,  in  Monterey  county,  founded  under  Carlos  IV. ^ 

June  24,  1797;  containing  55.33  acres.     Patented. 
Mission  Santa  Cruz,  in  Santa  Cruz  county,  founded  under  Carlos  IV.,  August 

28,  1791;  containing  16.94  acres.     Patented. 
Mission   Santa  Clara,  in   Santa  Clara  county,  founded  under  Cai'los  III., 

January  18,  1777;  containing  13.13  acres.     Patented. 
Mission  San  Jose',  in^lameda  county,  founded  under  Carlos  IV.,  June  11, 

1797;  containing  28.33  acres.     Patented. 
Mission  Dolores,  or  San  Francisco  de  Asisi,  in  San  Francisco  county,  founded 

under  Carlos  III.,  October  9,  1776;  two  lots,  one  containing  4.3  acres 

and  the  other  4.51  acres.     Patented. 
Mission  San  Rafael  Arcangel,  in  Marin  county,  founded  under  Fernando 

VII.,  December  18,  1817;  containing  6.48  acres.     Patented. 
Mission  San  Francisco  Solano,  in  Sonoma  county,  founded  under  Fernando 

VII.,  August  25,  1823;  containing  14.20  acres. 


EAELY    HISTORY    AND    SETTLEMENT.  47 

With  this  preliminary  generalization  let  us  now  attempt  our  actual  task 
of  giving  to  the  reader  those  chronicles  which  more  especially  appertain  to 
Santa  Clara  county. 

In  the  month  of  September,  177G,  His  Excellency  the  Viceroy  of  Mexico 
penned  a  communication  to  Don  Fernando  Rivera,  the  officer  commanding 
at  San  Diego,  informing  him  that  he  had  received  the  intelligence  that  two 
missions  had  been  founded  in  the  vicinity  of  the  Bay  of  San  Francisco,  and 
as  the  Commandante  had  been  provided  with  the  military  guards  for  these, 
he  should  be  happy  to  have  his  report.  On  the  arrival  of  the  dispatch  Don 
Fernando,  without  loss  of  time,  made  arrangements  for  visiting  the  places 
designated  and  placing  the  guards,  which  he  had  retained  at  San  Diego,  in  their 
proper  quarters,  and  after  a  long  journey,  covering  many  days,  he,  with  his 
twelve  soldiers,  arrived  at  Monterey,  where  he  leained  that  only  the  Mission 
of  San  Francisco  had  been  founded.  Hence  he  started  for  that  place, 
accompanied  by  Father  Tomas  de  la  Pena,  who,  with  another,  had  been 
appointed  to  perform  the  religious  duties  of  the  expedition.  On  their  jour- 
ney they  came  to  the  spot  afterwards  occupied  by  the  Santa  Clara  Mission, 
and  being  captivated  by  its  many  charms  and  advantages,  at  once  resolved 
there  to  locate  a  mission.  The  party  then  continued  their  way  to  San 
Francisco,  where  they  arrived  on  the  26th  November.  After  visiting  the 
presidio,  as  became  a  soldier,  on  the  30th  the  Commandante  set  out  for  Monc- 
erey,  and  dispatched  Father  Joseph  Murguia  from  the  San  Carlos  Mi.ssion, 
where  all  the  preparations  had  been  made,  accompanied  by  an  escort,  and 
proper  requirements,  to  found  the  new  mission  in  the  Santa  Clara  valley, 
then  known  by  the  name  of  San  Bernardino. 

Towards  the  last  days  of  the  year,  1776,  the  soldiers  and  their  families, 
wiio  were  to  take  part  in  the  establishment  of  the  new  mission,  arrived  at 
San  Francisco,  and  on  January  6th  Padre  Pena,  the  officer  in  command  of 
the  presidio,  the  soldiers  and  their  families,  took  up  the  line  of  march  in 
quest  of  the  chosen  spot.  Their  first  duty  on  reaching  their  destination  was 
to  erect  a  cross,  which,  with  all  solemnity,  was  blessed  and  adored ;  on  Jan- 
uary 12,  1777 — one  hundred  and  four  years  ago — an  altar  was  raised  under 
its  outspread  arms,  and  the  first  mass  ever  breathed  in  the  valley  was  said 
by  Father  Tomas  de  la  Pena.  In  a  few  days  Father  Murguia  and  his  fol- 
lowers joined  them,  with  the  necessaiy  paraphernalia  for  a  settlement,  and 
on  January  18,  1777,  the  formal  ceremony  of  founding  the  Santa  Clara 
Mission  took  place.     This  was  the  first  settlement  in  the  county. 

Cannot  the  readers  conjure  up  the  picture  we  have  so  faintly  outlined  ? 
Cannot  he  now  see  before  him  the  devotional  piety  of  the  Holy  Father 
Tomas,  the  respectful  quiet  of  his  followers,  and  the  amazed  gaze  of  the 
aboriginals  ;  with  what  care  the  sacred  emblem  of  the  Cross  is  raised ;  with 
what    reverential    caution    the   building  of  the    altar,  sheltered  as  it  is,  is 


48  HISTORY    OF   SANTA    CLARA    COUNTY,    CALIFORNIA. 

effected  ?  No  sound  is  heard  save  prayerful  utterances,  mayhap  broken  by 
grunts  of  astonishment  from  the  bewildered  natives  who  stand  closely 
observing  the  holy  work  from  a  respectful  distance.  The  names  of  Fathers 
Pena  and  Murguia  must  ever  be  held  in  welcome  recognition  of  the  part 
they  took,  far  from  society  and  kinsfolk,  in  founding  a  mission  which  has 
become  a  landmark  for  all  time  in  a  valley  where  it  would  seem  as  if  the 
Divine  Hand  had  put  forth  its  utmost  skill  to  produce  the  fairest  scene  under 
the  blue  canopy  of  Heaven. 

About  i^even  years  after  the  events  above  noted  the  holy  Father  Junipero 
Serra,  President  of  the  Missions  of  California,  feeling  that  old  age  was  fast 
overtaking  him,  as  well  as  having  some  spare  time,  determined  to  visit  some 
of  the  missions,  to  hold  his  last  confirmations,  and  having  been  invited  to 
dedicate  the  Santa  Cla^-a  Mission,  also  to  perform  that  ceremony.  About  the 
first  of  May  he  visited  the  selected  spot,  and  on  the  4th  continued  his  weary 
journey  to  San  Francisco,  accompanied  by  that  devoted  fellow-countryman. 
Father  Palou,  a  brother  Franciscan  Monk,  a  co-voyager  to  these  shores, 
and  afterwards  his  biographer,  preferring  to  make  his  confirmations  on  his 
return.  He  had  tarried  in  San  Francisco  but  a  few  days  when  the  distress- 
ing news  of  the  illness  of  Father  Murguia  was  received,  he  thereupon 
dispatched  Father  Palou  to  Santa  Clara,  who  found  Murguia  .sick  of  a  low 
fever.  Unhappily  this  worthy  father  never  rallied,  and  on  May  11,  1784, 
his  soul  to'ok  its  flight,  while  nought  was  left  to  his  followers  but  the  conso- 
lation that 

"Death's  but  a  path  that  must  he  trod, 
If  man  would  ever  pass  to  Clod." 

The  funeral  took  place,  but  the  venerable  prelate  was  too  enfeebled  to 
attend  ;  he,  however,  accompanied  Don  Pedro  Fages,  the  Governor  of  the 
Territory,  to  the  dedicatory  services  of  the  mission,  arriving  on  the  loth. 
On  the  meeting  of  the  two  Fathers  their  hearts  were  too  full  to  speak  ;  with 
eyes  suffused  in  tears,  they  grasped  each  others  hands,  and  finally  in  a  long, 
silent  embrace,  each  sent  aloft  a  prayer  to  Him  who  had  seen  fit  in  His 
wisdom  to  take  away  their  revered  brother. 

(3n  May  IG,  1784,  the  ceremony  of  dedication  took  place,  there  being 
assembled  to  witness  the  imposing  scene  the  troops,  many  citizens,  and  a 
large  number  of  unchristianized  Indians,  while  on  the  succeeding  Sunday, 
mass  was  chanted  by  the  aged  priest  in  a  solemn  and  impressive  manner. 
On  that  day  he  held  his  confirmation.  Father  Murguia  was  succeeded  by 
Friar  Diego  Noba,  a  supernumary  from  Monterey. 

The  venerable  Junipero  Serra,  the  founder  of  the  missions  which  were  the 
fir.st  settlements  of  civilized  man  in  California,  was  a  native  of  one  of  the  Bal- 
earic Islands,  having  been  born  in  Majorca,  part  of  the  kingdom  of  Spain, 
November  24,  1713.     At  the  age  of  sixteen  he  became  a  Monk  of  the  Order 


l^.^ 


rUBLiCLlBR/ 


EARLY    HISTORY    AND    SETTLEMENT.  49 

of  St.  Francis,  and  the  new  designation  of  Junipero  was    then. substituted 
for  his  baptismal  name  of  Miguel  Jose. 

After  entering  the  convent  ho  went  through  a  collegiate  course  of  study, 
and  before  he  had  received  the  degree  of  Doctor,  was  appointed  lecturer 
upon  philosophy.  He  became  a  noted  preacher,  and  was  frequently  invited 
to  visit  the  larger  towns  of  his  native  island  in  that  capacity.  Junipero  was 
thirty-six  years  of  age  when  he  determined  to  become  a  missionary  in  the 
New  World.  In  174-9,  he  crossed  the  ocean  in  company  with  a  number  of 
brother  Franciscan  Monks,  among  them  several  who  afterwards  came  with 
him  to  California.  He  remained  but  a  short  time  in  the  City  of  Mexico, 
and  was  soon  sent  a  missionary  to  the  Indians  of  the  Sierra  Madre,  in  the 
district  now  known  as  the  State  of  San  Luis  Potosi.  He  spent  nine  years 
there,  and  then  returned  to  the  City  of  Mexico,  where  he  stayed  for  seven 
years  in  the  Convent  of  San  Fernando. 

In  1767,  when  he  was  fifty-four  years  of  age,  he  was  appointed  to  the 
charo-e  of  the  missions  to  be  established  in  Upper  California.  He  arrived  at 
San  Diego  in  1709,  and  there  passed  most  of  his  life.  He  died  at  the 
Mission  of  Carmel,  near  Monterey,  August  28,  1784,  in  the  same  year  of  his 
dedicating  the  Santa  Clara  Mission,  aged  seventy-one  years. 

We  will  now  for  a"  moment  glance  at  the  mo;!e  of  construction  of  these 
establishments.  Father  Gleeson  tells  us  in  his  able  "  History  of  the  Catholic 
Church  in  California,"  that  the  missions  were  usually  quadrilateral  buildings, 
two  stories  high,  inclosing  a  courtyard  ornamented  with  fountains  and  trees. 
The  whole  consisting  of  the  church.  Fathers'  apartments,  store-houses,  bar- 
racks, etc.  The  quadrilateral  sides  were  each  about  six  hundred  feet  in  length, 
one  of  which  was  partly  occupied  by  the  church.  Within  the  quadrangle 
and  corresponding  with  the  second  story,  was  a  gallery  running  round  the 
entire  structure,  and  opening  upon  the  workshops,  store-rooms  and  other 
apartments. 

The  entire  management  of  each  establishment  was  under  the  care  of  two 
Religious;  the  elder  attended  to  the  interior  and  the  younger  to  the  exter- 
ior administration.  One  portion  of  the  building,  which  was  called  the  mon- 
astry,  was  inhabited  by  the  young  Indian  girls.  There,  under  the  care  of 
approved  matrons,  they  were  carefully  trained  and  instructed  in  those 
branches  necessary  for  their  condition  in  life.  They  were  not  permitted  to 
leave  till  of  an  age  to  be  married,  and  this  with  a  view  of  preserving  their 
morality.  In  the  schools,  those  who  exhibited  more  talent  than  their  com- 
panions, were  taught  vocal  and  instrumental  music,  the  latter  consisting  of 
the  flute,  horn  and  violin.  In  the  mechanical  departments,  too,  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 
employed  at  the  mission. 
4 


50  HISTORY    OF   SANTA    CLARA    COUNTY,    CALIFORNIA. 

The  daily  routine  at  each  establishment  was  almost  the  same  as  that  fol- 
lowed by  tlie  Jesuits  in  Lower  Califoinia.  At  sunrise  they  arose  and  pro- 
ceeded to  church,  where,  after  mornint^  prayer,  they  assisted  at  the  holy  sac- 
rifice of  the  mass.  Breakfast  next  followed,  when  they  proceeded  to  their 
respective  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  a_o-ain  repaired  to  their  work,  and  remained  engaged  till  the 
even  anffelus,  about  an  hour  before  sundown.  All  then  betook  themselves 
to  the  church  for  evening  devotions,  which  consisted  of  the  ordinary  family 
prayers  and  the  rosaiy,  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,  of  which  the  poor  of  any  country  might  be  justly 
envious,  consisted  of  an  abundance  of  excellent  beef  and  mutton,  with  veg- 
etables in  the  season.  Wheaten  cakes  and  puddings,  or  porridges,  called 
"  atole  and  pinole,"  also  formed  a  portion  of  the  repast.  The  dress  was,  for 
the  males,  linen  shirts,  pants,  and  a  blanket  to  be  used  as  an  overcoat. 
The  women  received  each,  annually,  two  undergai'raents,  a  gown,  and  a 
blanket.  In  years  of  plenty,  after  the  the  missions  became  rich,  the  Fathers 
distributed  all  the  surplus  moneys  among  them  in  clothing  and  trinkets. 
Such  was  the  general  character  of  the  early  missions  established  in  Upper 
California. 

The  foregoing  ixmarks  point  to  missions  generally.  The  only  account  of 
the  Santa  Clara  Mission  that  is  attainable  is  that  of  the  distinguished  trav- 
eler. Captain  Vancouver,  who  visited  it  in  the  latter  end  of  1792.  He 
observes:  "Soon  after  dark  w^e  reached  Santa  Clara  Mission  (from  San 
Francisco).  Our  journey,  except  through  the  morass,  had  been  pleasant  and 
entei'taining,  and  our  reception  at  Santa  Clara  by  the  hospitable  Fathers  of 
the  mi.ssion,  was  such  as  excited  in  every  breast  the  most  lively  sensations  of 
gratitude  and  regard.  Father  Tomas  de  la  Pena  appeared  to  be  the  prin- 
cipal of  the  missionaries.  The  anxious  solicitude  of  this  gentleman,  and  of 
his  colleague,  Father  Joseph  Sanchez,  to  anticipate  all  our  wishes,  unequiv- 
ocally iiianifestcd  the  piinciplcs  by  which  their  conduct  was  regulated. 

"The  buildings  and  ofhces  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  M'hich,  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  reason- 
ably expected. 

"Apartments,  within  the  square  in  which  priests  resided,  were  appropriated 


EAIll.Y    UlSTUllY    AND    SETTLEMENT.  51 

to  a  number  of  young  female  Indians,  and  the  like  reasons  were  given  as  at 
San  Francisco,  for  their  being  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  tw© 
spacious  warehouses  for  the  reception  of  grain,  detached  from  each  other  and 
the  rest  of  the  buildings,  erected  at  a  convenient  distance  from  the  mission^ 
These  had  been  recently  furnished,  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  sown  in  the  Spring  months,  and  succeed 
extremely  well,  as  do  hemp  and  flax,  or  linseed.  The  wheat  affords,  in 
general,  from  twenty-five  to  tl\irty  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  per- 
formed 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  sometime  ago  declined  the  culti- 
vation 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  Francisco,  is  ascribed  to  a  want  of  knowledge  in 
their  culture,  the  soil  and  climate  being  well  adapted  to  some  sorts  of  fruits. 
The  priests  had  a  guard  of  a  corporal  and  six  soldiers." 

Let  us  leave  the  worthy  Fathers  at  Santa  Clara  for  a  time,  and  observe 
the  second  settlement  in  the  county — that  of  the  Pueblo  de  San  Jos^  de 
Guadalupe. 

Don  Felipe  de  Neve,  the  third  Spanish  Governor  of  California,  commenced 
his  administration  in  December,  1774,  and  continued  in  that  position  till 
September,  1782.  Among  the  chief  duties  of  his  office  were  the  making  of 
official  leports  to  the  Central  Government,  through  the  Viceroy  in  Mexico 
concerning  the  condition  of  the  province,  and  the  choosing  of  suitable  sites 
for  the  location  of  settlements.  On  June  3,  1777,  he  suggested  the  estab- 
lishment of  three  of  these,  one  of  them  being  on  the  bank  of  the  river  Guad- 
alupe, seventy-eight  miles  from  Monterey,  forty-eight  from  the  presidio  at 
San  Fi-ancisco,  and  two  miles  and  a  quarter  from  the  Mission  of  Santa 
Clara.  In  the  course  of  time  Lieutenant  Don  Jose'  de  Moraga,  commanding 
at  San  Francisco,  w^as  directed  to  detach  nine  soldiers,  of  known  agri- 
cultural skill,  two  settlers,  and  three   laborers,  to  form  a  settlement  on  the 


52  HISTORY    OF   SANTA    CLARA    COUNTY,    CALIFORNIA. 

margin  of  that  stream,  which  they  effected  November  29,  1777  (though 
Father  Palou  says  the  date  was  November  7th),  and  gave  to  it  the  naine  of 
San  Jose'   de  Guadahipe,  the  approval  from  Spain  being   dated   March  6, 

1779. 

On  December  24,  1782,  during  the  regime  of  Governor  Don  Pedro  Fages 
the  same  Lieutenant  Moraga  was  ordered  to  partition  off  tlie  lands  to  the 
settlers,  a  duty  he  effected  between  the  13th  and  19th  of  May,  1783;  the 
recipients  of  land  being  Ignacio  Archuleta,  Manuel  Gonzales,  Jose  Tiburcio 
Vasquez,  Manuel  Amesquita,  Antonio  Romero,  Bernardo  Resales,  Francisco 
Avila,  Sebastian  Alvitre,  and  Claudio  Alvires.  The  relative  position  of  each 
man's  land  will  be  found  described  in  our  chapter  on  San  Josd  township. 

This  first  location  was  made  nearly  a  mile  and  a  quarter  from  the  center 
of  the  present  city — ^about  where  the  first  bridge  spans  a  little  stream  on 
the  road  to  Alviso.  The  ground  was  too  low  at  this  point,  and  these  early 
residents  were  the  victims  of  yearly  recurring  floods,  and  thieving  Indians; 
therefore  permission  was  asked  to  remove  to  higher  land  and  a  more  advan- 
tageous site.  It  takes  long,  however,  to  move  the  wheels  of  oflicial  machin- 
ery. In  the  year  1785,  the  question  of  transfer  was  mooted ;  it  was  not 
until  1797,  that  the  removal  was  accomplished — the  center  of  the  new  site 
being  near  the  corner  of  Market  and  San  Fernando  streets  in  the  city  of 
San  Josd. 

Before  proceeding  farther  with  our  narrative  of  events,  it  may  be  well  to 
give  to  the  readei'  some  insight  into  the  appearance  of  our  beautiful  valley 
in  those  early  times. 

The  visit  of  Captain  Vancouver  in  1792,  has  been  already  alluded  to.  His 
journey  from  San  Francisco  he  thus  describes:  "  We  considered  our  cour.se 
parallel  to  the  .sea-coast;  between  which  and  our  path  the  ridge  of  mount- 
ains extended  to  the  south-ea.stward ;  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  statel}'^  fruit  trees  of  different  descriptions.  About  noon  avc  arrived  at 
a  very  pleasant  and  enchanting  lawn,  situated  amid  a  grove  of  trees  at  the 
foot  of  a  small  hill,  by  which  flowed  a  very  fine  stream  of  excellent  water. 
We  had  not  proceeded  far  from  this  delightful  spot,  when  we  entered  a 
country  I  little  expected  to  find  in  these  regions.  For  almost  twenty  miles 
it  could  be  compared  to  a  park  which  had  originally  been  planted  with  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  forests  in  complete  possession  of  the  soil,  which  was 
covered  with  luxuriant  herbage,  and  beautifully  diversified  with  pleasing 
eminences  and  valleys,  w^hich,  with  the  lofty  range  of  mountains  that 
bounded  the  prospect,  required  only  to  be  adorned  with  neat  habitations  of 


EARLY    HISTORY    AND    SETTLEMENT.  o6 

an  industrious  people  to  produce  a  scene  not  inferior  to  the  most  studied 
efiect  of  taste  in  the  disposal  of  grounds." 

The  native  tribe  which  roamed  the  then  valley  of  San  Bernardino,  now 
known  as  Santa  Clara,  were  the  Olhones,  sometimes  called  the  Costanes, 
who  were  worshipers  of  the  sun,  and  believed  in  an  evil  spirit  who  took 
cognizance  of  their  actions,  whom  they  were  wont  to  propitiate.  They  had 
some  very  crude  ideas  as  to  a  future  state,  while  their  traditions,  if  they  had 
any,  were  of  the  most  meager  kind.  When  a  member  died  they  decorated 
the  corpse  with  feathers,  flowers,  and  beads,  along  with  a  bow  and  arrows, 
the  body  being  extended  on  a  pile  and  cremated,  amid  shouts  and  propitia- 
toiy  exclamations. 

The  tribes  in  this  valley  were  usually  severalized  by  the  rancherias  in 
which  they  dwelt,  while  all  of  them  made  use  of  the  temescal.  This  struct- 
ure was  an  adobe  oven  with  a  hole  at  the  top  to  let  out  the  smoke,  and  one 
at  the  side  to  let  in  the  people,  many  of  whom,  as  a  rule,  entered  at  one  time 
in  pitris  naturalibiis.  Here  they  lit  a  lire  near  to  the  entrance,  adding  fuel 
as  it  smoldered,  until  at  last  the  heat  was  unbearable,  when  suddenly  they 
would  plunge  into  the  convenient  river,  for  these  buildings  were  always 
erected  on  the  bank  of  a  running  stream.  Superstition  wrapped  these 
savages  like  a  cloud,  from  which  they  never  emerged.  The  phenomena  of 
nature  on  ever}^  hand,  indeed,  taught  them  that  there  was  some  unseen 
cause  for  all  things — some  power  which  they  could  neither  comprehend  nor 
resist.  The  volcano  and  the  earthquake  taught  them  this,  and  many  accounts 
of  these  in  past  ages  are  preserved  in  their  legends;  but  farther  than  this, 
their  minds  could  not  penetrate. 

Mr.  Hall,  says:  "Nearly  all  of  the  Indians  in  this  region,  and  t'.ose  of 
Santa  Cruz,  were  in  the  habit  of  visiting  the  hill  in  which  the  New  Alma- 
den  Mine  was  first  opened  and  worked,  to  obtain  red  paint  to  adorn  their 
faces  and  bodies.  The  cinnabar  is  of  a  reddish  hue,  and  when  moistened  and 
rubbed,  easily  produces  a  red  pigment,  highly  esteemed  by  the  savages  in  the 
arrangement  of  their  toilet.  While  the  color  of  their  decoration  was  pleas- 
ing to  their  eyes,  its  effect  on  their  system  was  by  no  means  agreeable.  It 
salivated  them — a  result  as  mysterious  and  unexplained  to  them  as  the 
setting  of  the  sun.  Although  a  little  painful,  they  seemingly  forgot  their 
illness  as  they  witnes.sed  the  lustre  of  their  skin,  and  were  as  resolute  in  their 
pride  of  dress  as  the  proud  damsel  groaning  in  tight  corsets  and  tight  shoes." 

In  following  the  chronological  order  of  events,  perhaps  it  would  be  proper 
here  to  mention  the  foundation  of  the  Mission  of  San  Jose,  although  it  no 
longer  forms  a  part  of  Santa  Clara  county,  but  of  Alameda.  It  was  estab- 
lished June  11,  17i)8,  while  Diego  de  Borica  was  Governor  of  the  Territory. 
The  site  chosen  was  ten  miles  to  the  north  (jf  tlie  Pii.'blo  de  San  Jose,  and 
forty  to  the  east  of  San  Francisco,  on  a  plateau  indenting  the  Contra  Costa 


54  HISTORY    OF    SANTA    CLARA   COUNTY,    CALIFORNIA. 

rancre,  and  facing  the  southern  extremity  of  the  Bay  of  San  Francisco. 
Beliind  it  were  the  beautiful  Calaveras  and  Sunol  valleys.  Mission  Peak 
rose  immediately  in  its  rear  like  a  giant  sentinel  indexing  its  location,  while 
in  its  vicinity  nature  had  abundantly  supplied  every  want.  Here  was  a 
pellucid  stream  of  sweetest  water  perennially  running  from  never-failing 
springs;  here  too  were  the  paramount  advantages  of  climate;  wood  was 
abundant;  pa.sturage  Avas  luxuriant;  killing  fro.sts  were  unknown;  an 
embarcadero  was  not  far  distant;  and  within  an  houi's  walk  were  w^arm 
springs,  possessed  of  the  potent  healing  quantities.     "What  n-.ore  was  needed? 

They  w^ho  had  charge  of  the  foundation  of  the  Mission  San  Jose  were 
Friar  Ysidro  Barcilano  and  Augustine  Merin.  At  first  the  chapel  was  a 
small  adobe  edifice,  which  was  extended  seven  varas,  in  the  second  3'ear 
of  its  existence.  A  wall  forty-seven  varas  long,  four  high,  and  six  wide, 
thatched  with  tules  was  constructed,  water  flumes  laid,  and,  being  in  the 
presidial  jurisdiction  of  San  Fi-ancisco,  soldiers  were  sent  from  there  to  keep 
guard  over  it,  and  to  bring  in  the  natives  for  education. 

Who  has  not  heard  of  the  Alameda,  that  renowned  grove,  or  avenue  of 
trees,  that  to-day  links  the  two  towns  of  San  Jose  and  Santa  Clara,  but 
which  were  planted  eighty-two  years  ago  to  protect  the  w'ayfarer  journey- 
ing between  the  pueblo  and  the  mission.  In  the  year  1799,  these  trees  were 
started  by  Father  Maguin  de  Catala,  who  employed,  it  is  said,  two  hundred 
Indians  to  perform  the  work,  to  attend  upon  them,  and  protect  them  from  nib- 
bling goats  and  bi'owsing  cattle.  The  eastern  limit  of  the  grove  was  at  the 
Guadalupe,  but  the  march  of  progress  necessitated  the  removal  of  some  of 
the  trees,  in  oi-der  to  make  way  for  houses  and  streets.  From  the  depot  of  the 
South  Pacific  Coast  Railroad  to  Santa  Clara,  there  still  remains  sufficient  of 
its  glories  and  its  usefulness  to  make  the  pedestrian  feel  an  inward  thankful- 
ness that  the  foresight  of  a  Christian  gentleman,  in  the  expiring  year 
of  the  last  century,  should  have  done  such  thoughtful  good  for  the 
benighted  and  uncultivated  savages  wdio  then  peopled  the  valley,  and 
the  little  more  enlightened  Mexicans,  who  had  settled  near  the  mission. 
Since  the  planting  of  these  trees,  what  events  have  occurred;  what  acts 
committed,  and  deeds  done!  Continents  have  been  shaken  to  their  centers; 
empires  have  been  dashed  into  nothingness;  and  a  mighty  nation  has  arisen 
where  there  then  were  but  a  few  colonists  in  a  far-away  section  of  a  vast 
territory.  Aye,  how  the  aspect  of  civilized  mankind  has  been  changed !  The 
world  has  been  surrounded  by  a  belt  of  wire,  along  which  flashes,  in  defiance 
of  space  and  time,  messages  that  speak  with  a  correctness  as  if  heard  from 
the  human  voice;  an  iron  bridge  has  been  laid  that  binds  the  rock-bound 
coast  of  the  tempestuous  Atlantic  with  the  fertile  slopes  of  the  "Peaceful  Sea;" 
steam,  that  annihilator  of  distance,  has  peopled  worlds  where  formerly  roamed 
the  beasts  of  prey ;  science  has  enlightened  their  inhabitants  beyond  the  most 


EARLY    HISTORY    AND    SETTLEMP:NT.  55 

vivid  conception ;  and  coininerce  has  planted  cities  on  sea-coast, lake  and  rivers, 
where  the  pi'oduct  of  effective  labor  is  borne  to  every  clime  and  country, 
and  responsive  mountain  and  valley  pour  forth  their  wealth  of  metals, 
where  naught  erst  a  while  were  found  but  lion,  bear  and  panther.  Oh,  were 
these  trees  able  to  talk,  what  a  chapter  they  could  relate,  what  experiences 
of  the  past  they  could  narrate.  Let  us  not  attempt  to  put  action  in  their 
crooked  limbs,  nor  speed  into  their  gnarled  trunks,  rather  do  we  leave  it  to 
the  imagination  of  the  contemplative  reader  to  picture  the  scenes  which 
have  been  enacted  beneath  their  umbrageous  boughs,  not  only  in  by-gone 
days,  but  in  the  present,  when  the  fashionable  world  is  abroad,  and  the  even- 
ing shades  countenance  the  Byronic  couplet,  that 

"Soft  love  looked  love  to  eyes  which  spake  again, 
And  all  went  merry  as  a  marriage  Lull." 

Let  us  now,  for  a  moment,  turn  to  the  Santa  Clara  Mission.  The 
orio-inal  Mission  of  Santa  Clara  stood  near  where  now  are  erected  the 
stations  of  the  Southei'n  Pacific  and  South  Pacific  Coast  Railroads 
in  that  city.  Its  walls  were  cracked  by  an  earthquake  in  the  year  1812, 
but  no  portion  of  it  fell  at  that  time.  In  1822,  however,  another  and  more 
severe  shock  caused  so  much  injury  to  the  building,  that,  though  it  was  not 
thrown  down,  the  damage  done  was  so  great  that  it  became  necessary  to 
take  it  down,  rather  than  that  any  attempt  should  be  made  to  repair  it.  A 
site  for  a  new  mission  was  chosen  a  few  hundred  yards  to  the  south-west, 
and  in  1825-6,  the  present  mission  church  was  completed.  Of  late  years,  so 
great  had  been  the  decay,  it  became  necessary  to  encase  its  walls,  while,  dur- 
ing the  work  of  renovation,  the  front  fayade  was  remodeled,  and  two  towers 
substituted  for  the  single  tower,  which,  in  the  tirst  instance,  was  the  only 
ornamentation  which  the  edifice  boasted.  This  served  the  purpose  of  a  look- 
out. The  face  of  the  structure  was  painted  in  a  rude  fashion  with  biblical 
scenes  intended  to  attract  the  eye  of  the  aboriginal,  while  within  were  like 
tableaux  and  allegorical  pictures.  Time  has  sped  along  with  unswerving 
strides,  yet  no  change  has  been  worked  in  the  interior  embellishments. 
What  has  been  effected  needs  no  comment  at  our  poor  hands;  the  magnifi- 
cent college  adjoining  it  is  the  best  exponent  of  its  unerring  progress. 

We  will  now  glance  at  the  state  of  the  mission  in  the  early  part  of  the 
present  century.  In  the  year  1767,  the  property  possessed  by  the  Jesuits, 
then  known  as  the  Pious  Fund,  was  taken  charge  of  by  the  Government, 
and  used  for  the  the  benefit  of  the  missions.  At  tiiat  time  this  possession 
yielded  an  annual  revenue  of  fifty  thousand  dollars,  twenty-four  thousand 
of  which  were  expended  in  the  stipends  of  the  Franciscan  and  Domin- 
ican missionaries,  and  the  balance  for  the  maintenance  of  the  missions  gener- 
ally. Father  Gleeson  says:  "The  first  inroad  made  on  these  pious  dona- 
tions was  about  the  year  1806,  when  to  i-elieve  the  national  wants  of  the 


56  HISTORY    OF    SANTA    CLARA   COUNTY,    CALIFORNIA. 

present  country,  caused  b}^  the  wars  of  1801  and  180-i,  between  Portugal  in 
the  one  instance  and  Great  Britain  in  the  other.  His  Majesty's  fiscal  at  Mex- 
ico scrupled  not  to  confiscate,  and  remit  to  the  authorities  in  Spain,  as  much 
as  two  hundied  thousand  dollars  of  the  Pious  Fund."  By  this  means  the 
missions  were  deprived  of  most  substantial  aid,  and  the  Fathers  left  upon 
their  own  resources;  add  to  these  difficulties  the  unsettled  state  of  the 
country  betwen  the  years  1811  and  1831,  and  stiil  their  work  was  never 
stayed.  To  demonstrate  this  let  us  here  state  that  between  the  years  1802 
and  1822,  in  all  the  eighteen  missions  which  then  existed  in  California,  there 
were:  baptized,  seventy-four  thousand  six  hundred  and  twenty-one  Indians; 
twenty  thousand  four  hundred  and  twelve  w' ere  married ;  forty-seven  thousand 
nine  hundred  and  t^venty-Jive  died;  and  there  were  twenty  thousand  nine  hun- 
dred and  fifty-eight  existing.  Of  these,  seven  thousand  three  hundred  and 
twenty -four  were  baptized  in  the  Santa  Clara  Mission;  two  thousand  and 
fifty-six  were  married;  six  thousand  five  hundred  and  sixty-five  had  suc- 
cumbed— the  greater  number  to  disease;  and  one  thousand  three  hundred 
and  ninety-four  were  existing. 

Of  what  nature  was  this  plague  it  is  hard  to  establish;  the  missionaries 
themselves  could  assign  no  cause.  Syphilis,  measles  and  small-pox  carried 
off' numbers,  and  these  diseases  were  generated,  in  all  probability,  by  a  sudden 
change  in  their  lives  from  a  free,  wandering  existence  to  a  state  of  settled 
quietude. 

Father  Gleeson,  in  his  valuable  work,  says:  "  In  1813,  wdien  the  contest 
for  national  independence  was  being  waged  on  Mexican  territory,  the  Cortes 
of  Spain  resolved  upon  dispensing  with  the  services  of  the  Fathers,  by  plac- 
ing the  missions  in  the  hands  of  the  secular  clergy.  The  professed  object  of 
this  secularization  scheme  was,  indeed,  the  welfare  of  the  Indians  and  colon- 
ists; but  how  little  this  accorded  with  the  real  intentions  of  the  Govern- 
ment, is  seen  from  the  seventh  section  of  the  degree  by  the  Cortes,  wherein  it 
is  stated  that  one-half  of  the  land  was  to  be  hypothecated  for  the  payment 
of  the  National  Debt.  The  decree  ordering  this  commences  as  follows:  'The 
Cortes,  genei-al  and  extraordinary,  considering  that  the  reduction  of  common 
land  to  private  property  is  one  of  the  measures  most  imperiously  demanded 
for  the  welfare  of  the  pueblos,  and  the  improvement  of  agriculture  and  in- 
dustry, and  wishing  at  the  same  time  to  derive  from  this  class  of  land  aid  to 
relieve  the  public  necessities,  a  reward  to  the  worthy  defenders  of  the  coun- 
try and  relief  to  the  citizens  not  proprietors,  decree,  etc.,  without  prejudice 
to  the  foregoing  provisions  one-half  of  the  vacant  land  and  lands  belonging 
to  the  royal  patrimony  of  the  monarchy,  except  the  suburbs  of  the  pueblos, 
is  hereby  reserved,  to  be  in  whole  or  in  part,  as  may  be  deemed  necessary, 
hypothecated  for  the  payment  of  the  National  Debt'  etc. 

"  This  decree  of  the  Government  was  not  carried  out  at  the  time,  yet  it 


EARLY    HISTORY    AND    SETTLEMKNT.  o7 

had  its  efit'ct  on  the  state  and  well-being  of  the  missions  in  general.  It 
could  not  be  expected  that  with  such  a  resolution  under  their  eyes,  the 
Fathers  would  be  as  zealous  in  developing  the  natural  resources  of  the  coun- 
try as  before,  seeing  that  the  result  of  their  labors  was  at  any  moment  liable 
to  be  seized  on  by  Government,  and  handed  over  to  strangers.  The  inse- 
curity thus  created  naturally  acted  upDU  the  converts  in  turn,  for  when  it 
became  apparent  that  the  authority  of  the  missionaries  was  more  nominal 
than  real,  a  spirit  of  opposition  and  independence  on  the  part  of  some  of  the 
people  Avas  the  natural  result.  Even  before  this  determination  had  been 
come  to  on  the  part  of  the  Government,  there  were  not  wanting  evidences  of 
an  evil  disposition  on  the  part  of  the  people;  for  as  early  as  1S03  one  of  the 
missions  had  become  the  scene  of  a  revolt;  and  earlier  still,  as  we  learn  from 
an  unpublished  correspondence  of  the  Fathers,  it  was  not  unusual  for  some  of 
the  converts  to  abandon  the  mi.'tsions  and  return  to  their  former  wandeiing 
life.  It  was  customary  on  those  occasions  to  pursue  the  deserters,  and  com- 
pel them  to  return.         *         *         *         *         *         *         *         *         * 

"Meantime,  the  internal  state  of  the  missions  was  becoming  more  and 
more  complex  and  disordered.  The  desertions  were  more  frequent  and 
numerous,  tlie  hostility  of  the  unconverted  more  daring,  and  the  general 
disposition  of  the  people  inclined  to  revolt.  American  traders  and  freebooters 
had  entered  the  country,  spread  themselves  all  over  the  province,  and  sowed 
the  seeds  of  discord  and  revolt  among  the  inhabitants.  Many  of  the  moi-e 
reckless  and  evil-minded  readily  listened  to  their  suggestions,  adopted 
their  counsels,  and  broke  out  into  open  hostUities.  Their  hostile  attack  was 
first  directed  against  the  Mission  of  Santa  Cruz,  which  they  captured  and 
plundered,  when  they  directed  their  course  to  Monterey,  and,  in  common 
with  their  American  friends,  attacked  and  plundered  that  place.  From  these 
and  other  like  occurrences,  it  was  clear  that  the  condition  of  the  missions 
was  one  of  the  greatest  pei'il.  The  spirit  of  discord  had  spread  among  the 
people,  hostility  to  the  authority  of  the  Fathers  had  become  common,  while 
desertion  from  the  villages  was  of  frequent" and  almost  constant  occurrence. 
To  remedy  this  unpleasant  state  of  affairs,  the  military  then  in  the  country 
was  entirely  inadequate,  and  so  matters  continued,  with  little  or  no  diti'er- 
ence,  till  1824,  when  by  the  action  of  the  Mexican  Government,  the  missions 
began  rapidly  to  decline. 

"^Two  3'ears  after  Mexico  had  been  formed  into  a  i-epublic,  the  Govern- 
ment authorities  becran  to  interfere  with  the  riMits  of  the  Fathers  and  the 
existing  state  of  affairs.  In  1826,  instructions  were  forwarded  by  the  Fed- 
eral Government  to  the  authorities  of  California  for  the  liberation  of  the 
Indians.  This  was  followed  a  few  years  later  by  another  act  of  the  Legis- 
lature, ordering  the  whole  of  the  missions  to  be  secularized  and  the  Reli- 
gious to  withdraw.     The  ostensible  object  assigned  by  the  authors  of  the 


58  HISTORY    OF   SANTA    CLARA    COUNTY,    CALIFORNIA. 

measure,  was  the  execution  of  the  original  plan  formed  by  Government. 
The  missions,  it  was  alleged,  were  never  intended  to  be  permanent  estab- 
lishments; they  were  to  give  way  in  the  course  of  some  years  to  the  regular 
ecclesiastical  system,  when  the  people  would  hi  formeil  into  parishes, 
attended  by  a  secular  clergy."  *         *         *  *         *         *         * 

"Beneath  these  specious  pretexts,"  says  Dwinellc  in  his  Colonial  History, 
"  was  undoubtedly,  a  perfect  understanding  between  the  Government  at 
Mexico  and  the  leadinof  men  in  California,  an  1  in  sa3h  a  onlition  of  thingfs 
the  Supreme  Government  miglit  absorb  the  pious  fun  1,  under  the  pretense 
that  it  was  no  longer  necessary  for  missionary  purposes,  and  thus  had 
reverted  to  the  State  as  a  quasi  escheat,  while  the  co-actors  in  California 
.should  appropriate  the  local  wealth  of  the  missions,  by  the  jvipid  anl  sure 
process  of  administering  their  temporalities."  And  again:  "These  laws 
(the  secularization  laws),  whose  ostensible  purpose  was  to  convert  the 
mis.sionary  establishments  into  Indian  pueblos,  their  churches  into  parish 
churches,  and  to  elevate  the  Christianize]  Inliins  t )  the  rank  oi:  citizens, 
were,  after  all,  executed  in  such  a  manner  that  the  so-called  sesularization 
of  the  missions  resulted  only  in  their  pUmder  and  complete  ruin,  and  in 
the  demoralization  and  dispersion  of  the  Christianized  Indians." 

Immediately  on  the  receipt  of  the  decree,  the  then  acting  Governor  of 
California,  Don  Jose  Figueroa,  commenced  the  carrying  out  of  its  provisions, 
to  which  end  he  prepared  certain  provisional  rule^,  and  in  a33ordin3o  there- 
with the  alteration  in  the  missionary  system  was  begun,  to  be  immediately 
followed  by  the  absolute  ruin  of  t>oth  missions  an.1  country.  Within  a  very 
few  years  the  exertions  of  the  Fathers  were  en^iroly  destroyed;  t!ie  lands 
which  hal  hitherto  teemed  with  abundance,  were  han  led  over  t)  the 
Indians,  to  be  by  them  neglected  and  permitted  to  return  to  thieir  primitive 
wildness,  and  the  thousands  of  cattle  were  divided  am^ng  tlie  p3)ple  and  the 
administrators  for  the  personal  benefit  of  either. 

Let  us  now  briefly  follow  Father  Gleeson  in  his  contrast  of  the  state  of 
the  people  before  and  after  secularization.  He  says  :  "  It  has  been  stated 
already  that  in  1822  the  entire  number  of  Indians  tlien  inhabiting  t!ie  ditfer- 
ent  missions,  amounted  to  twenty  thousanl  an:l  upwards.  To  these  others 
were  being  constantly  added,  even  during  these  years  of  political  strife  which 
immediately  preceded  the  indepandence  of  Mexico,  until,  in  1833,  the  num- 
bers amounted  to  thirty  thousand  and  more.  Provided  with  all  tlie  necessa- 
ries and  comforts  of  life,  instructed  in  everything  requisite  for  their  state  in 
society,  and  devoutly  trained  in  the  duties  and  requirements  of  religion, 
these  thirty  thousand  Californian  converts  led  a  peaceful,  happy,  contented 
life,  strangers  to  those  cares,  troubles  and  anxieties  common  to  higher  and 
more  civilized  conditions  of  life.  At  the  same  time  that  their  relio-ious  con- 
dition  was  one  of  thankfulness  add  grateful  satisfaction  to  the  Fathers,  their 


p:aiily  history  and  settlkmknt.  59 

worldly  position  was  one  of  unrivalcil  abundance  and  prosperity.  ])ivided 
between  the  different  mi-ssions  t'ron^  St.  Lucas  to  San  Francisco,  clo.se  upon 
one  million  of  live-stock  belonged  to  the  people.  Of  these  four  hundred 
thousand  were  horned  cattle,  sixty  thousand  horses  and  more  than  three 
hundred  thousand  sheep,  goats  and  swine.  The  united  annual  return  of  the 
cereals,  consisting  of  wheat,  maize,  beans  and  the  like,  was  upwards  of  one 
hundred  and  twenty  thousand  bu.shels;  while  at  the  same  time  throughout 
the  different  missions,  the  preparation  and  manufacture  of  soap,  leather, 
Avine,  brandy,  hide.s,  wool,  oil,  cotton,  hemp,  linen,  tobacco,  salt  and  soda, 
was  largely  and  extensively  cultivateil.  And  to  such  perfection  were  these 
articles  brought,  that  some  of  them  were  eagerly  sought  for  and  purchased 
in  the  principal  cities  of  Europe. 

"  The  material  prosperity  of  the  country  was  further  inci'eased  b}^  an 
annual  revenue  of  about  one  million  of  dollars,  the  net  proceeds  of  the  hides 
and  tallow  of  one  hundred  tliousand  oxen  slaughtered  annually  at  the  differ- 
ent missions.  Another  hundred  thousand  were  slaughtered  by  the  settlers 
for  their  own  private  advantage.  The  revenues  on  the  articles  of  which 
there  arc  no  specific  returns,  is  also  suppcsed  to  have  averaged  another  mil- 
lion dollars,  which,  when  added  to  the  foregoing,  makes  the  annual  revenue 
of  the  Ca,!ifornia  Catholic  missions,  at  the  time  of  their  supremacy,  between 
two  and  three  million  dollars.  Independent  of  these,  there  were  the  rich 
and  extensive  gardens  and  orchards  attached  to  the  missions,  exquisitely 
ornamented  and  enriched,  in  many  instances,  with  a  great  variety  of  Euro- 
pean and  tropical  fruit  trees,  plums,  bananas,  oranges,  olives  and  figs;  added 
to  which  were  the  numerous  and  fertile  vineyards,  rivaling  in  the  quantity 
and  quality  of  the  grape  those  of  the  old  countries  of  Europe,  and  all  used 
for  the  comfort  and  maintenance  of  the  natives.  In  a  word,  the  happy 
results,  both  spiritual  and  temporal,  produced  in  Upper  California  by  the 
spiritual  children  of  St.  Francis,  during  the  sixty  years  of  their  missionary 
career,  were  such  as  have  i-arely  been  equalled  and  never  surpassed  in  mod- 
ern times.  In  a  country  naturally  salubrious,  and  it  must  be  admitted 
fertile  bej'ond  many  parts  of  the  world,  yet  presenting  at  the  outset  numer- 
ous obstacles  to  the  labors  of  the  missionary,  the  Fathers  succeeded  in  estab- 
lishing at  regular  distances  along  the  coast  as  many  as  onc-and-twenty  mis- 
sionary establishments.  Into  these  holy  retreats  their  zeal  and  ability 
enabled  them  to  gather  the  whole  of  the  indigenous  race,  with  the  exception 
of  a  few  wandering  tribes  who,  it  is  only  reasonable  to  suppose,  would  also 
have  followed  the  example  of  their  brethren,  had  not  the  labors  of  the 
Fathers  been  dispensed  with  by  the  civil  authorities.  There,  in  those  peace- 
ful, happy  abodes,  abounding  in  more  than  the  ordinary  enjoyment  of 
things,  spiritual  and  temporal,  thirty  thousand  faithful,  simple-hearted 
Indians  passed  their  days  in  the  practice  of  virtue  and  the  improvement  of 


60  HISTORY    OF   SANTA    CLARA    COUNTY,    CALIFORNIA. 

the  country.  From  a  wandering-,  savage,  uncultivated  i-ace,  unconscious  as 
well  of  tlie  God  who  created  them  as  the  end  for  which  thev  were  made 
they  became,  after  the  advent  of  the  Fathers,  a  civilized,  domestic,  Christian 
people,  whose  morals  were  as  pure  as  their  lives  were  simple.  Daily  attend- 
ance at  the  holy  sacrifice  of  the  mass,  morning  and  night  prayer,  confe.ssion 
and  communion  at  stated  times — the  true  worship,  in  a  word,  of  the  Deity, 
.succeeded  the  listless,  aimless  life,  tlie  rule  pagm  games  and  the  illicit 
amours.  The  plains  and  valleys,  which  for  centuries  lay  uncultivatel  and 
unproductive,  now  teemed  under  an  abundance  of  every  species  of  corn;  the 
hills  and  plains  were  covered  with  stock ;  the  fig  tree,  the  olive  and  the  vine 
yielded  their  rich  abundance,  while  lying  in  the  harbors,  waiting  to  carry  to 
foreign  markets  the  rich  products  of  the  countrj'',  might  be  seen  numerous 
vessels  from  different  parts  of  the  world.  Such  was  the  happy  and  prosper- 
ous condition  of  the  country  under  the  missionary  rule;  and  with  this  the 
reader  is  requested  to  contrast  the  condition  of  the  people  after  the  removal 
of  the  Religious,  and  the  transfer  of  power  to  the  secular  authorities. 

"In  1833,  the  decree  for  the  liberation  of  the  Indians  was  passed  by  the 
Mexican  Congress,  and  put  in  force  in  the  following  year.  The  dispersion 
and  demoralization  of  the  people  was  the  immediate  result.  Within  eight 
years  after  the  execution  of  the  decree,  the  number  of  Christians  diminished 
from  thirty  thousand  six  hundred  and  fifty  to  four  thousand  four  hundred 
and  fifty!  Some  of  the  missions,  which  in  1831  had  as  many  as  one  thou- 
sand five  hundred  souls,  numbered  only  a  few  hundred  in  1842.  The  two 
missions  of  San  Rafael  and  San  Francisco  Solano  decreased  respectively 
within  this  period  from  one  thousand  two  hundred  and  fifty  and  one  thou- 
sand three  hundred,  to  twenty  and  seventy!  A  like  diminution  was  observed 
in  the  cattle  and  general  products  of  the  country.  Of  the  eight  hundred 
and  eight  thousand  head  of  live-stock  belonging  to  the  missions  at  the  date 
above  mentioned,  only  sixty-three  thousand  and  twenty  remained  in  1842, 
The  diminution  in  the  cereals  was  equally  striking;  it  fell  fi-om  seventy 
to  four  thousand  hectolitres.  *  *  *  By  descending  to  particular  instances, 
this  (the  advantage  of  the  Religious  over  the  civil  administration)  will 
become  even  more  manifest  still.  At  one  period  during  the  supremacy  of 
the  Fathers,  the  principal  mission  of  the  country  (San  Diego),  produced  as 
much  as  six  thousand  fanegas  of  wheat,  and  an  equal  quantity  of  maize, 
but  in  1842  the  return  for  this  mission  was  only  eighteen  hundred  fanegas 
in  all." 

In  1823,  the  Mission  of  Santa  Clara  branded  twenty-two  thousand  four 
hundi-ed  calves  as  the  increase  of  that  year;  while  in  1825  the  mission  is 
reported  to  have  owned  seventy-four  thousand  two  hundred  and  eighty  head 
of  cattle,  four  hundred  and  seven  yoke  of  working  oxen,  eighty-two  thou- 
sand five  hundred  and  forty  sheep,  one  thousand  eight  hundred  and  ninety 


EARLY    mSTOllY    AND   SETTLEMENT.  Gl 

horses  broken  to  the  sa  Idle,  four  thousand  two  liuiuh-ed  and  tliirty-five 
breeding  marcs,  seven  liundred  and  twenty-five  mules,  and  one  thousand 
hogs.  In  1834,  at  the  time  of  the  secularizition  of  the  missions,  the  number 
of  Indians  belonirino:  to  the  Santa  Clara  Mission  was  eighteen  hundred.  In 
1842,  there  were  but  four  hundred.  In  a  like  manner  did  everything 
decrease.  In  1842,  there  Avere  but  fifteen  hundred  head  of  cattle,  two 
hundred  and  fifty  horses,  and  three  thousand  swine. 

That  the  Fathers  Avho  had  charge  of  the  missions  in  Upper  California, 
before  the  advent  of  the  Americans,  paid  strict  attention  to  the  duty  of  Chris- 
tianizing the  native  race,  is  evidenced  by  documents  still  in  existence.  The 
following  report  and  order,  dated  Monterey,  May  G,  1804,  though  belonging 
to  the  chronicles  of  an  adjoining  county,  is  now  produced  to  show  the  strin- 
gency with  which  religious  observances  were  carried  out:  "In  accordance 
with  the  rules  made  by  the  Governor,  requiring  a  monthly  report  from  the 
Commissioner  of  Branciforte,  .showing  who  of  the  colonists  and  residents  do 
or  do  not  comply  with  their  religious  duties,  the  official  report  for  the  month 
of  April,  1804,  certified  by  the  reverend  minister,  has  reached  its  destina- 
tion. The  Indian,  Toribio,  at  some  time  past  was  derelict,  but  now  has  been 
brought  to  a  proper  sense  of  the  requirements  of  a  Chi'istian  era,  and  is 
absolved  from  further  stricture  upon  his  failures  and  the  reverend  Fathers 
are  to  be  so  notified.  The  rebellious  Ignacio  Acedo,  for  failure  to  comport 
himself  outwardly  as  a  devotee,  is  to  be  arrested  and  turned  over  to  the 
church  authorities,  where  flagellation  and  confinement  in  the  stocks  will 
cause  him' to  pay  a  proper  respect,  and  to  be  obedient  to  the  precepts  and 
commandments  of  the  church,  of  which  he  has  been  a  contumacious  member. 
The  Governor  is  to  be  informed  of  the  punishment  to  which  Acedo  will  be 
sentenced,  and  requires  the  information  in  writing,  that  it  may  be  used  by 
him,  if  he  requires  it,  as  an  example  of  what  those  under  his  command  may 
expect  should  they  fail  in  the  observance  of  the  requirements  of  the  church." 
Then  follows  Government  Order  No.  29,  signed  by  Jose  M.  Estudillo,  Secre- 
tary of  Josd  J.  de  Arrillaga,  Military  Commander  of  Alta  California,  and 
which  is  to  this  effect:  "I  am  in  receipt  of  the  list,  certified  by  the  reverend 
minister  of  the  Mission  of  Santa  Cruz,  of  those  who  have  observed  the 
rules  of  religion,  in  having  confessed  and  received  the  sacrament.  The 
Indian,  Toribio,  has  complied  herewith,  having  done  both,  and  I  will 
send  word  to  such  effect  to  the  Fathers.  You  will  cause  Ignacio  Acedo 
to"  be  arrested,  and  notify  the  reverend  Fathers,  -when  you  have  done 
so,  that  they  may  do  with  him  as  they  think  proper,  and  inform  ine 
what  the  pastors  of  the  church  do  to  its  members  who  fail  to  conform 
to  the  precepts  of  the  holy  religion,  and  have  the  revei'end  Fathers 
put  it  in  writing.  May  God  protect  j-ou  many  years."  The  order  is 
addressed  to  the  Commissioner  of  the  village  of  Branciforte. 


62  HISTORY    OF   SANTA    CLAEA    COUNTY,    CALIFORNIA. 

In  its  early  day  the  whole  military  force  in  Upper  California  did  nob 
number  more  than  from  two  to  three  hundred  men,  divided  between  the 
four  presidios  of  San  Diego,  Santa  Barbara,  Monterey,  and  San  Francisco, 
while  there  were  but  two  towns,  or  pueblos,  Los  Angeles  and  San  Jose. 
Another  was  subsequently  started  in  the  neighborhood  of  Santa  Cruz,  which 
was  named  Branciforte,  after  a  Spanish  Viceroy.  It  may  be  conjectured 
that  the  garrisons  were  not  maintained  in  a  very  effective  condition.  Such 
a  supposition  would  be  correct,  for  everywhere  betokened  the  disuse  of  arms 
and  the  long  absence  of  an  enemy.  The  cannon  of  the  presidio  at  San 
Francisco  were  grey  with  mould,  and  women  and  children  were  to  be  seen 
snutdv  located  within  the  militarv  lines.  The  soldiers  of  the  San  Francisco  dis- 
trict  were  divided  into  three  cantonments — one  at  the  presidio,  one  at  Santa 
Clara  Mission,  and  one  at  the  Mission  of  San  Jose'.  Wo  here  append  a  list  of 
the  soldiers  connected  with  the  presidio  in  the  year  1790,  which  has  been 
copied  from  the  Spanish  archives  in  San  Francisco.  Here  will  be  found  the 
names,  positions,  nativity,  color,  race,  age,  etc.,  of  the  soldiers,  as  well  as 
those  of  their  wives,  when  married : — ■ 
Don  Josef  Arguello,  Commandante,  age  39. 
Don  Ramon  Laro  de  la  Neda,  Alferez  de  Campo,  age  34. 
Pedro    Amador,    Sergeant,    Spaniard,    from     Guadalaxara,    age    51:    wife, 

Ramono  Noriega,  Spanish,  aged  30;    7  children. 
Nicolas  Galindo,  mestizo,  Durango,  42. 
Majio  Chavoya,  City  of  Mexico,  34;  wife,  a  Bernal. 
Miguel  Pacheco,  36 ;  wife,  a  Sanchez. 

Luis  Maria  Peralta,  Spaniard,  Sonora,  32;  wife,  Mario  Loretta  Alviso,  19. 
Justa  Altamarino,  mulatto,  Sonora,  4-5. 

Ygnacio  Limaxes,  Sonora,  49;  wife,  Maria  Gertruda  Rivas,  Spaniard.  38. 
Ygnacio  Soto,  41 ;  wife,  Barbara  Espinoza. 
Juan  Bernal,  mestizo,  Sonora,  53;  wife.  Maxima  I  de  Soio. 
Jph  Maria  Martinez,  Sonora,  35;  wife  Maria  Gai'cia,  mulatto,  18. 
Salvador  Iguera,  L.  C,  38;  wife,  Alexa  Marinda,  Sonora,  38. 
Nicolas  Berreyessa,  mestizo,  25;  wife,  Maria  Gertrudis  Peralta,  24. 
Pedro  Peralta,  Sonora,  2G;  wife,  Maria  Carmen  Grisalva,  19. 
Ygnacio  Pacheco,  Sonora,  30;  wife,   Maria  Dolores  Cantua,  mestizo,  age  16. 
Francisco  Bernal,  Sinaloa,  27;  wife,  Maria  Petrona,  Indian,  29. 
Bartolo  Pacheco,  Sonora,  25;  wife,  Maria  Francisco  Soto,  18. 
Apolinario  Bernal,  Sonora,  25. 

Joaquin  Bernal,  Sonora,  28;  wife,  Josefa  Sanchez,  21. 
Josef  Aceva,  Durango,  26. 

Manuel  Boranda,  Guadalaxara,  40;  wife,  Gertrudis  Higuera,  18. 
Francisco  Valencia,  Sonora,  22;  wife,  Maria  Victoria  Higuera,  15. 
Josef  Antonio  Sanchez,  Guadalaxara,  39 ;  wife,  Maria  Dolora  Moxales,  34. 


EARLY    HISTORY    AND   SETTLEMENT.  G3 

Josef  Ortiz,  Gnadalaxara,  23. 

Josef  Aguila,  Guailalaxara,  22;  wife,  Concllaria  Rcmixa,  14. 

Ale'xaiidro  A\isto,  Durango,  23. 

Juan  Josef  Higucra,  Sonora,  20. 

Francisco  Florcs,  Gnadalaxara,  20. 

Josef  Maria  Castilla,  Guadalaxara,  19. 

Ygnacio  Higuora,  Sonora,  23;  wife,  Maria  Micaclo  Borjorques,  28. 

Ramon  Linare,  Sonora,  19. 

Josef  Migu  1  Saens,  Sonora,  18. 

Carto  Serviente,  San  Diego,  Indian,  60. 

Augustin  Xirviento,  X-  C.  20. 

Nicolas  Presidairo,  Indian,  40. 

Gabriel  Peralta,  invalid,  Sonora. 

Manuel  Vution,  invalid,  Indian. 

Ramon  Borjorques,  invalid,  98. 

Francisco  Remero,  invalid,  52. 

A  recapitulation  shows  that  the  inmates  of  the  presidio  consisted  alto- 
gether of  one  hundred  and  forty-four  persons,  including  men,  women  and  chil- 
dren, .soldiers  and  civilians.  There  were  thirty-eight  soldiers  and  three  labor- 
ers. Of  these  one  was  an  European,  other  than  Spanish,  seventy-eight  Span- 
iards, five  Indians,  two  mulattocs,  and  forty-four  of  other  castes. 

An  inventory  of  the  rich  men  of  the  presidio,  bearing  date  1793,  was  dis- 
covered some  years  since,  showing  that  Pedro  Amador  was  the  proprietor  of 
thirteen  head  of  stock  and  fifty-two  sheep;  Nicolas  Galindo,  ten  head  of 
stock;  Luis  Peralta,  two  liead  of  stock;  Manuel  Boranda,  three  head  of 
stock;  Juan  Bernal,  twent3'-tiiree  head  of  stock  and  two  hundred  and  forty- 
six  sheep;  Sal  valor  Youere,  thre3  head  of  stock;  Aleso  Miranda,  fifteen 
head  of  stock ;  Pedro  Peralta,  two  head  of  stock ;  Francisco  Bernal,  sixteen 
head  of  stock;  Bartol  Pacheco,  seven  head  of  stock:  Joaquin  Bernal,  eight 
head  of  stock;  Francisco  Valencia,  two  head  of  stock ;  Berancia  Galindo,  six 
head  of  stock ;  Hermenes  Sal  (who  appears  to  have  been  a  secretary,  or 
something  be.sides  a  soldier),  five  head  of  stock  and  three  mares.  Com- 
puting these  we  find  the  total  amount  of  stock  owned  by  these  men  were 
one  hundred  and  fifteen  cattle,  two  hundred  and  ninety-eight  .sheep  and 
seventeen  mares. 

Prior  to  considering  the  American  Occupation  of  California  it  will  be  as  well 
to  intioduce  the  reader  to  a  few  of  the  characteristics,  manners,  customs 
and  mode  of  living  pursued  by  the  native  Californians. 

These  were  a  half-caste  race,  between  the  white  Castillian  and  the  native 
Indian,  very  few  of  the  families  retaining  the  pure  blood  of  old  Castile ; 
they  were  consequently  of  all  shades  of  color,  and  developed,  the  women 
especially,  into  a  handsome  and   ccHiicly  race.     Their  wants  ware  few  and 


G4  HISTORY    OF   SANTA    CLARA    COUNTY,   CALIFORNIA. 

easily  supplied ;  they  were  contented  and  happy  ;  the  women  were  virtuous 
and  great  devotees  to  their  church  and  religion ;  while  the  men  in  their 
normal  condition  were  kind  and  hospitable,  but  when  excited  they  became 
rash,  fearless,  yet  cruel,  with  no  dread  for  knife  nor  pistol.  Their  generosity 
was  great,  everything  they  had  being  at  the  disposal  of  a  friend,  or  even  a 
stranger;  while  socially  they  loved  pleasure,  spending  most  of  their  time  in 
music  and  dancing,  indeed  such  was  their  passion  for  the  latter,  that  their 
horses  have  been  trained  to  curvet  in  time  to  the  tones  of  the  guitar. 
When  not  sleeping,  eating,  or  dancing,  the  men  passed  most  of  their  time  in 
the  saddle,  and  naturally  were  very  expert  equestrians  ;  horse-racing  was 
with  them  a  daily  occurrence,  not  for  the  gain  which  it  might  bring,  but  for 
the  amusement  to  be  derived  therefrom,  and  to  throw  a  dollar  upon  the 
ground,  lide  by  at  ful]  gallop  and  pick  it  up  was  a  feat  that  almost  any  of 
them  could  perform. 

Horses  and  cattle  gave  them  their  chief  occupation.  They  could  use  the 
riata  or  lasso  with  the  utmost  dexterity ;  whenever  thrown  at  a  bullock 
horseman,  or  bear,  it  rai*ely  missed  its  mark.  The  riata  in  the  hands  of  a 
Californian  was  a  more  dangerous  weapon  than  gun  or  pistol,  while  to 
catch  a  wild  cow  M'ith  it,  throw  her  and  tie  her,  without  dismounting,  was 
most  common,  and  to  go  through  the  saine  performance  with  a  bear  was  not 
considered  extraordinary.  Their  only  articles  of  export  were  hides  and 
tallow,  the  value  of  the  former  being  one  dollar  and  a  half  in  cash,  and  two 
in  goods,  and  the  latter  three  cents  per  pound  in  barter.  Young  heifers  of 
two  3^ears  old,  for  breeding  purposes,  were  worth  three  dollars;  a  fat  steer, 
delivered  in  the  Pueblo  of  San  Jose,  brought  fifty  cents  more,  while  it  was 
considered  neither  trespass  nor  larceny  to  kill  a  beeve,  use  the  flesli,  and 
hang  the  hide  and  tallow  on  a  tree,  secure  from  coyotes,  where  it  could  be 
found  by  the  owner. 

Lands  outside  of  the  towns  were  only  valuable  for  grazing  purposes. 
For  this  use  every  citizen  of  good  character,  having  cattle,  could,  for  the 
asking,  and  by  paying  a  fee  to  the  officials,  and  a  tax  upon  the  paper  on  which 
it  was  written,  get  a  grant  for  a  grazing  tract  of  from  one  to  eleven  square 
leagues  of  land:  These  domains  were  called  Ranchos,  the  only  improve- 
ments on  them  being  usually  a  house  and  a  corral.  They  were  never 
inclosed;  they  were  never  surveyed,  but  extended  from  one  well  defined 
landmark  to  another,  and  whether  they  contained  two  or  three  leagues,  more 
or  less,  was  regarded  as  a  matter  of  no  consequence,  for  the  land  itself  was 
of  no  value  to  the  Government. 

It  was  not  necessary  for  a  man  to  keep  his  cattle  on  his  own  land.  They 
were  ear-marked  and  branded  when  young,  and  these  established  their 
ownership.  The  stock  roamed  whithersoever  they  wished,  the  ranchero 
sometimes  finding  his  animals  fifty  or  sixty  miles  away  from   his  grounds. 


i^c^^y^tro^ 


'■i-iKl 


/0'^^'«41 


EARLY    HISTORY   AND    SETTLEMENT.  65 

About  the  middle  of  March  commenced  the  "  Rodeo "  season,  which  was 
fixed  in  advance  by  the  ranchero,  who  would  send  notice  to  his  neighbors,  for 
leagues  around,  when  all,  with  their  vaquei'os,  would  attend  and  participate. 
The  rodeo  was  the  gathering  in  one  locality  of  all  the  cattle  on  the  rancho. 
When  this  was  accomplished,  the  next  operation  was  for  each  ranchero 
present  to  part  out  from  the  general  herd  all  animals  bearing  his  brand  and 
ear-mark  and  take  them  off  to  his  own  rancho.  In  doing  this  they  were 
allowed  to  take  all  calves  that  followed  their  mothers,  what  was  left  in  the 
rodeo  belonging  to  the  owner  of  the  rancho,  who  had  them  marked  as  his 
property.  On  some  of  the  ranchos  the  number  of  calves  branded  and 
marked  each  year  appears  to  us  at  this  date  to  have  been  enormous, 
Joaquin  Bernal,  who  owned  the  Santa  Teresa  Rancho,  eight  miles  south  of 
San  Josd,  having  been  in  the  habit  of  branding  not  less  than  five  thousand 
head  yearly.  In  this  work  a  great  many  horses  were  employed.  Fifty 
head  was  a  small  number  for  a  ranchero  to  own,  while  they  frequently  had 
from  five  to  six  hundred  trained  animals,  principall}'  geldings,  for  the  mares 
were  kept  exclusively  for  breeding  purposes.  The  latter  were  worth  a 
dollar  and  a  half  per  head  ;  the  price  of  saddle  horses  was  from  two  dollars 
and  fifty  cents  to  twelve  dollars  each. 

In  the  month  of  December,  18G5,  a  writer  under  the  caption  of  "  Yadnus," 
thus  writes  to  the  San  Jose  Mercury : — 

"  Not  many  years  ago,  in  the  agricultural  counties,  or,  as  they  are  more 
elegantly  termed,  in  the  parlor  language  of  California,  "  Cow  Counties,"  pre- 
vailed to  a  great  extent  the  custom  which  has  given  rise  to  the  following 
rough  verses.  Until  the  heavy  floods  and  severe  weather  of  the  memorable 
Winter  of  1861,  had  more  than  decimated  their  herds,  it  was  the  practice 
(in  accordance  with  law,  I  believe),  for  the  wealthy  rancheros — men  who 
counted  their  cattle,  when  they  counted  them  at  all — by  the  thousands,  to 
hold,  twice  a  year,  rodeo  {rodere),  to  which  all  who  owned  stock  within  a 
circuit  of  fifty  miles  repaired,  with  their  friends,  and  often  their  families. 
At  the  appointed  time,  the  cattle,  for  many  leagues  around,  were  gathered 
up  by  the  horsemen,  or  vaqueros  (buckaros),  of  the  different  stockmen,  and 
driven  into  a  large  corral,  where  the  branding,  markinfj  and  claiming  of 
stock  occupied  sometimes  a  week.  At  the  largest  rodeo  I  ever  witnessed, 
there  were  gathered  together  some  thirty  thousand  head  of  cattle,  and  at 
least  three  hundred  human  beings,  among  whom  were  many  of  the  gentler 
sex.  These  rodeos  were  usually  presided  over  by  a  '  Judge  of  the  Plains,' 
an  officer  appointed  by  the  Board  of  Supervisors,  and  whose  duty  was  to 
arbitrate  between  owners  in  all  disputes  that  might  arise  as  to  cattle- 
property,  overhaul  and  inspect  all  brands  of  stock  being  driven  from  or 
through  the  county,  and  to  steal  as  many  '  hoobs '  as  he  possibly  could, 
without  detection.  In  fact,  the  'perquisites'  constituted  pretty  nearly  the 
5 


66  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

entire  pay  of  this  valuable  officer,  and  if  they  all  understood  their  business 
as  well  as  the  one  it  was  my  fortune  to  cabin  with  for  a  number  of  months, 
they  made  the  office  pay  pretty  well." 

The  following  poetic  description  of  a  rodeo  Ls  well  worthy  the  perusal  of 
the  reader: — 

EL   RODEO. 

Few  are  the  sunny  years,  fair  land  of  gold, 

That  round  thy  brow  their  circlet  bright  have  twined; 
Yet,  each  thy  youtliful  form  hath  still  enrolled 

In  wondrous  garb  of  peace  and  wealth  combined, 
few  are  the  years  since  old  Hispania's  sons 

Reared  here  their  missions — tolled  the  chapel  bell; 
Subdued  the  natives  with  their  priestly  guns, 

To  bear  the  cross  of  God — and  man  as  well. 
■* 
Oft  have  the  holy  Fathers  careless  stood 

Within  thy  valleys,  then  a  blooming  waste; 
Or  heedless,  toiled  among  the  mountain  flood. 

That,  rich  with  treasure,  downward  foamed  and  raced. 
Those  times  and  scenes  have  long  since  passed  away, 

Before  the  white  man's  wisdom-guided  tread, 
As  fly  the  shades  before  the  steps  of  day, 

When  in  the  east  he  lifts  his  radiant  head. 

But.  still,  thy  valleys  and  thy  mountains  teem 

With  customs  common  to  the  race  of  old  ; 
Like  Indian  names  bequeathed  to  lake  and  stream, 

They'll  live  while  Time  his  restless  reign  shall  hold, 
'Tis  of  one  such  that  I  essay  to  sing, 

A  custom  much  in  vogue  in  sections  here. 
Till  flood  and  frost  did  such  destruction  bring. 

That  scarce  since  then  was  needed  a  rodeo. 

Last  night,  at  sunset,  down  the  stream,  I  saw 

The  daik  vaqueros  ride  along  the  plain. 
With  gingling  spur,  and  bit,  and  jaquima, 

And  snake-like  lariats  scarce  e'er  hurled  in  vain; 
The  steeds  they  rode  were  champing  on  the  bit. 

The  agile  riders  lightly  sat  their  "trees," 
And  many  a  laugh  and  waif  of  Spanish  wit 

Made  merry  music  on  the  evening  breeze. 

Far  out  beyond  the  hills  their  course  they  took. 

And,  where  there  lies  in  early-summer  days, 
A  lake,  or  slough,  or,  chance  a  pebbly  brook, 

The  coyote  saw  the  camp-fire  wildly  blaze, 
All  night  they  lay  beneath  the  lurid  glare. 

Till  had  upsprung  morn's  beauteous  herald  star, 
And  then,  received  each  horse  the  needed  care, 

Quick  o'er  the  plains  they  scattered  near  and  far. 

They  come  !  and  thundering  down  the  red-land  slope. 
The  fierce  ganado  madly  tears  along, 


EARLY    HISTORY    AND   SETTLEMENT.  67 

While,  close  heliiiul,  urged  to  their  utmost  lope, 

The  wild  cn/ialloa  drive  the  surgiuy  tiu-oug. 
At  headlong  speed  the  riders  keep  the  baud, 

^V^ith  yells,  and  oaths,  and  waving  hats  and  coats. 
Till  in  the  strong  corral  they  panting,  stand, 

And  rest  is  gained  for  horses  and  for  tiiroats. 

Then  conies  the  breakfast ;  soon  the  steer  they  kill, 

And  quickly  is  the  dressing  hurried  through  ; 
The  meat  is  cooked  by  rude,  yet  well-liked  skill. 

And — all  do  know  what  hungry  men  can  do. 
The  I'adron  sits  beneath  yon  old  oak  tree. 

Encircled  by  a  group  of  chatting  friends  ; 
For,  at  rodeo,  all  one  can  eat  is  free, 

So  all  around  in  greasy  union  blends. 

The  breakfast  finished,  cigarettes  alight, 

Unto  the  huge  corral  all  hands  proceed  ; 
The  strong-wove  cinches  are  made  doubly  tight, 

And  the  riata's  noose  prepared  for  need. 
The  lire  is  kindled,  and  the  iron  brand. 

Amid  its  coals,  receives  the  wonted  heat ; 
The  Padron  waves  assent,  with  eager  hand, 

And  the  dark  riders  bound  to  saddle  seat. 

Where  yon  dark  cloud  of  dust  is  rising  high, 

The  swart  vaqueros  like  the  lightning  dart. 
And  singling  out  their  prey  with  practiced  eye. 

Rush  him  from  the  affrighted  herd  apart. 
Then  whirls  the  lasso,  whistling  through  the  air, 

In  rapi.d  circles  o'er  each  horseman's  head, 
Till  round  the  yearlings  throat  is  hurled  the  snare 

Burning  like  a  huge  coil  of  molten  lead. 

Then,  heedless  of  its  struggles  to  get  free, 

They  drag  it  to  the  Major-domo's  stand. 
Who,  though  of  tender  heart  he's  wont  to  be. 

Now,  merciless,  sears  deep  in  its  flesh  the  brand. 
The  Spanish  mother  at  her  youngling's  cry 

Comes  charging  down  with  maddened  hoof  and  horn, 
While  far  and  wide  the  crowd  of  gazers  tly. 

And  hide  behind  the  fence-posts  till  she's  gone, 

In  faith,  it  is  a  sight  well  worth  to  see. 

For  those  who  like  excitement's  feverish  touch  ; 
And  he,  who  can  look  on  and  passive  be, 

Has  ice  within  his  nature  overmuch. 
What  frantic  bellowings  pierce  the  startled  air. 

What  clouds  of  dust  obscure  the  mid-day  sky, 
W^hat  frenzied  looks  the  maddened  cattle  wear. 

As  round  and  round,  in  vain,  they  raging  fly! 

These  things  and  many  more  tend  well  to  fill 

The  eager  cravings  of  the  morbid  mind ; 
Akin  to  passions  that  full  oft  instill 


(j,S  HISTORY    OF    SANTA    CLARA    COUNTY,   CALIFORNIA. 

Feelings  that  prompt  the  torture  of  its  kind ; 
But  he  wlio  rashly  seeks  a  closer  view 

Of  tortured  calf,  to  mark  each  groan  and  sigh, 
Receives,  full  oft,  rebuke  in  black  and  blue. 

Pointed  with  force  to  where  his  brains  most  lie. 

By  the  time  the  rodeo  season  was  over,  about  the  middle  of  May,  the 
"  Matanza,"  or  killing  season,  commenced.  The  number  of  cattle  slaughtered 
each  year  was  commensurate  with  the  number  of  calves  marked,  and  the 
amount  of  herbage  for  the  year,  for  no  more  should  be  kept  alive  than  the 
pasture  on  the  rancho  could  support.  After  the  butchering  the  hides  were 
taken  off  and  dried;  the  tallow,  fit  for  market,  was  put  into  bags  made  from 
hides;  the  fattest  portions  of  the  meat  were  made  into  soap;  while  some  of 
the  best  was  cut,  pulled  into  thin  shreds,  dried  in  the  sun,  and  the  remainder 
thrown  to  the  buzzards  and  the  dogs,  a  number  of  which  were  kept — young 
dogs  were  never  destroyed — to  clean  up  after  a  matanza.  Three  or  four 
hundred  of  these  curs  were  to  be  found  on  a  rancho,  and  it  was  no  infrequent 
occurrence  to  see  a  ranchero  come  into  town  with  a  string  of  them  at  his 
horse's  heels. 

Let  us  consider  one  of  the  habitations  of  these  people:  Its  construction 
was  beautiful  in  its  extreme  simplicity.  The  walls  were  fashioned  of  large 
sun-dried  bricks,  made  of  that  black  loam  known  to  settlers  in  the  Golden 
State  as  adobe  soil,  mixed  with  straw,  measuring  about  eighteen  inches 
square  and  three  in  thickness;  these  being  cemented  with  mud,  plastered 
within  with  the  same  substance,  and  whitewashed  when  finished.  The 
rafters  and  joists  were  of  rough  timber,  with  the  bark  simply  peeled  oflf  and 
placed  in  the  requisite  position,  the  thatch  being  of  rushes  or  chapari'al  fast- 
ened down  with  thongs  of  bullock's  hide.  When  completed  these  dwellings 
stand  the  brunt  and  wear  and  tear  of  many  decades,  as  can  be  evidenced  by 
the  number  which  are  still  occupied  throughout  the  county.  The  furniture 
consisted  of  a  few  cooking  utensils,  a  rude  bench  or  two,  sometimes  a  table, 
and  the  never-failing  red  camphor- wood  trunk.  This  chest  contained  the 
extra  clothes  of  the  women — the  men  wore  theirs  on  their  backs — and  when 
a  visit  of  more  than  a  day's  duration  was  made,  the  box  was  taken  along. 
They  were  cleanly  in  their  persons  and  clothing;  the  general  dress  being,  for 
females,  a  common  calico  gown  of  plain  colors,  blue  grounds  with  small 
figures  being  those  most  fancied.  The  fashionable  ball-dress  of  the  young 
ladies  was  a  scarlet  flannel  petticoat  covered  with  a  white  lawn  skirt,  a  com- 
bination of  tone  in  color  which  is  not  surpassed  by  the  modern  gala  costume. 
Bonnets  there  were  none,  the  headdress  consisting  of  a  long  narrow  shawl  or 
scarf.  So  graceful  was  their  dancing  that  it  was  the  admiration  of  all 
strangers ;  but  as  much  cannot  be  said  for  that  of  the  men,  for  the  more  noise 
they  made,  the  better  it  suited  them. 


EAKLV    HISTORY    AND   SETTLEMENT.  6(^> 

The  dress  of  the  men  was  a  cotton  shirt,  cotton  drawers,  calzonazos,  sash, 
serape  and  hat.  The  calzonazos  took  the  place  of  pantaloons  in  the  modern 
costume,  and  differed  from  these  by  being  open  down  the  side,  or,  ratlier,  the 
seams  on  the  sides  were  not  sewed  as  in  pantaloons,  but  were  laced  together 
from  the  waistband  to  the  hips  by  means  of  a  ribbon  run  through  eyelets, 
thence  they  were  fastened  with  large  silver  bell-buttons;  in  wearing  them  they 
were  left  open  from  tlie  knee  down.  The  best  of  these  garments  were  made 
of  broadcloth,  the  inside  and  outside  seams  being  faced  with  cotton  velvet. 
The  serape  was  a  blanket  with  a  hole  through  its  center,  through  which  the 
head  was  inserted,  the  remainder  hanmnrr  to  the  knees  before  and  behind. 
These  cloaks  were  invariably  of  brilliant  colors,  and  varied  in  price  from  four 
to  one  hunched  and  fifty  doUai's.  The  calzonazos  were  held  in  their  place 
by  a  pink  sash  worn  around  the  waist,  while  tlie  serape  served  as  a  coat  by 
day  and  a  covering  by  night. 

Their  courtship  was  to  the  western  mind  peculiar,  no  flirting  or  love-mak- 
ing being  permitted.  When  a  young  man  of  marriageable  age  saw  a.  young 
lady  whom  he  thought  would  make  a  happy  help-mate,  he  had  first  to  make 
his  wishes  known  to  his  own  father,  in  whose  household  the  ehgibility  of  the 
connection  was  primarily  canvassed,  when,  if  the  desire  was  regarded  with 
favor,  the  father  of  the  enamored  swain  addressed  a  letter  to  the  father  of 
the  young  lady,  asking  for  his  daughter  in  marriage  for  his  son.  The 
matter  was  then  freely  discussed  between  the  parents  of  the  girl,  and,  if  an 
adverse  decision  was  arrived  at,  the  father  of  the  young  man  was  by  letter 
so  informed,  and  the  matter  was  at  an  end ;  but,  if  the  decision  of  her  parents 
was  favorable  to  him,  then  the  young  lady's  inclinations  were  consulted, 
and  her  decision  communicated  in  the  same  manner,  when  they  were  affi- 
anced, and  the  affair  became  a  matter  of  common  notoriety.  Phillis  might 
then  visit  Chloe,  was  received  as  a  member  of  her  family,  and  when  the  time 
came  the  marriage  was  celebrated  by  feasting  and  dancing,  which  usually 
lasted  from  three  to  four  days.  It  may  be  mentioned  here  that  when  a 
refusal  of  marriage  was  made,  the  lady  was  said  to  have  given  her  lover  the 
pumpkin — Se  dio  la  cabala. 

The  principal  articles  of  food  were  beef  and  beans,  in  the  cooking  and 
preparing  of  which  they  were  unsurpassed;  while  they  cultivated  to  a  cer- 
tain extent,  maize,  melons,  and  pumpkins.  The  bread  used  was  the  tortilla, 
a  wafer  in  the  shape  of  the  Jewish  unleavened  bread,  which  was,  when  not 
made  of  wheaten  tlour,  baked  from  corn.  When  prepared  of  the  last-named 
meal,  it  was  first  boiled  in  a  weak  lye  made  of  wood  ashes,  and  then  by  hand 
ground  into  a  paste  between  two  stones ;  this  process  completed,  a  small  por- 
tion of  the  dough  was  taken  out,  and  by  dexterously  throwing  it  up  from  the 
back  of  one  hand  to  that  of  the  other  the  shape  was  formed,  when  it  was 
placed  upon  a  fiat  iron  and  baked  over  the  fire. 


70  HISTORY    OF   SANTA   CLARA   COUNTY,    CALIFORNIA. 

The  mill  in  which  their  grain  was  ground  was  made  of  two  stones  as  nearly 
round  as  possible,  of  about  thirt}^  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  facet  downwards,  while  through  an  inch  hole  in  its  center  was  the  wheat 
fed  by  hand.  Two  holes  drilled  partly  througli  each  admitted  an  iron  bolt, 
In'  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,  Qaused 
the  stone  to  revolve.  We  are  informed  that  these  mills  were  capable  of 
grinding  a  bushel  of  wheat  in  about  twelve  hours!  Their  vehicles  and  agri- 
cultural implements  were  quite  as  primitive,  the  cart  in  common  use  being 
formed  in  the  following^  manner:  The  two  wheels  were  sections  of  a  log  with 
a  hole  drilled  or  bored^  through  the  center,  the  axle  being  a  pole  .sharpened 
at  each  extremity  for  spindles,  with  a  hole  and  pin  at  either  end  to  prevent 
the  wheels  from  slipping  off.  Another  pole  fastened  to  the  middle  of  the  axle 
served  the  purpose  of  a  tongue.  Upon  this  framework  was  set,  or  fastened, 
a  species  of  wicker-work,  framed  of  sticks  bound  together  with  strips  of  hide. 
The  beasts  of  burden  were  oxen,  which  were  yoked  with  a  stick  across  the 
forehead,  notched  and  crooked  so  as  to  fit  the  head  closely,  and  the  whole 
tied  with  rawhide.  The  plow  was  a  still  more  quaint  affair.  It  consisted  of 
a  long  piece  of  timber  which  served  the  purpose  of  a  beam,  to  the  end  of 
which  a  handle  was  fastened ;  a  mortise  was  next  chiseled  in  order  to  admit 
the  plow,  which  was  a  short  stick  with  a  natural  crook,  having  a  small  piece 
of  iron  fastened  on  one  end  of  it.  With  this  crude  implement  was  the  ground 
upturned,  while  the  branch  of  a  convenient  tree  served  the  purposes  of  a 
harrow.  Fences  there  were  none  so  that  crops  might  be  protected  ;  ditches 
were  therefore  dug,  and  the  crests  of  the  sod  covered  with  the  branches  of 
trees,  to  warn  away  the  numerous  bands  of  cattle  and  horses,  and  prevent 
their  intrusion  upon  the  newly  sown  grain.  When  the  crops  were  ripe  they 
were  cut  with  a  sickle,  or  any  other  convenient  weapon,  and  then  it  became 
necessary  to  thresh  it.  Now  for  the  modus  O'pe^xmdi.  The  floor  of  the 
corral  into  which  it  was  customary  to  drive  the  horses  and  cattle  to  lasso 
them,  from  constant  use  had  become  hardened.  Into  this  inclosure  the  sfrain 
would  be  piled,  and  upon  it  the  nnamatha,  or  band  of  mares,  would  be  turned 
loose  to  tramp  out  the  seed.  The  wildest  horses,  or  mayhap  the  colts  that 
had  only  been  driven  but  once,  and  then  to  be  branded,  would  be  turned 
adrift  upon  the  straw,  when  would  ensue  a  scene  of  the  wildest  confusion, 
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  left  but  the  grain  and  chaff. 
The  most  difficult  part,  however,  was  the  separating  these  two  articles. 
Owing  to  the  length  of  the  dry  season  there  was  no  urgent  haste  to   effect 


EARLY    HISTORY    AND    SETTLEMENT.  71 

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, 
and  the  wind  carry  away  the  lighter  chaff,  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. 

The  government  of  the  native  Californian  was  as  primitive  as  the  people. 
There  were  neither  law-books  nor  lawyers,  while  laws  were  mostly  to  be 
found  in  the  traditions  of  the  people.  The  head  oflficer  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  hando,  upon  the  obtain- 
ing of  which  a  person  was  sent  round  beating  a  snare  drum,  which  was  a 
signal  for  the  assemblage  of  the  people  at  the  Alcalde's  office,  where  the  Act 
was  read,  thus  promulgated,  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,  whei-e,  if  in  the  same  village,  the 
plaintiff  was  generally  in  waiting.  The  i^lcalde  commenced  by  stating  the 
complaint  against  him  and  asked  what  he  had  to  say  about  it.  This  brought 
about  an  altercation  between  the  parties,  and  nine  times  out  of  ten  the  Justice 
could  get  at  the  facts  in  this  wise,  and  announce  judgment  immediately,  the 
whole  suit  not  occupying  two  hours  from  its  beginning.  In  more  important 
cases  three  "good  men  "  would  be  called  in  to  act  as  co-justices,  while  the  testi- 
mony of  witnesses  had  seldomto  be  resorted  to.  A  learned  American  Judge  has 
said  that  "the  native  Californians  were,  in  the  presence  of  their  courts,  gener- 
ally truthful.  What  they  know  of  false-swearing  or  perj ury  they  have  learned 
from  their  associations  with  Americans.  It  was  truthfully  said  by  the  late 
Edmund  Randolph,  that  the  United  States  Board  of  Commissioners  to  set- 
tle private  land  claims  in  California,  had  been  the  graves  of  their  reputa- 
tions." 

They  were  all  Roman  Catholics,  and  their  priests  of  the  Franciscan  Order. 
They  were  great  church-goers,  yet  Sunday  was  not  the  only  day  set  apart 
for  their  devotions.  Nearly  every  day  in  the  calendar  was  devoted  to  the 
memory  of  some  saint,  while  those  dedicated  to  the  principal  ones  were 
observed  as  holidays;  so  that  Sunday  did  not  constitute  more  than  half  the 
time  which  they  consecrated  to  religious  exercises,  many  of  which  were  so 
much  in  contrast  to  those  of  the  present  day,  that  they  deserve  a  short 
description. 

The  front  door  of  their  churches  were  always  open,  and  every  person 
passing,  whether  on  foot  or  on  horseback,  did  so  hat  in  hand;  any  forgetful- 


72  HISTORY    OF   SANTA    CLARA    COUNTY,    CALIFORNIA. 

ness  on  this  head  caused  the  unceremonious  removal  of  the  sombrero.  During 
the  holding  of  services  within,  it  was  customary  to  station  a  number  of  men 
without,  who  at  appointed  intervals  interiupted  the  proceedings  with  the 
ringing  of  bells,  the  firing  of  pistols,  and  the  shooting  of  muskets,  sustaining 
a  noise  resembling  the  irregular  fire  of  a  company  of  infantry. 

In  evei-y  church  was  kept  a  number  of  pictui-es  of  their  saints,  and  a  tri- 
umphal arch  profusely  decorated  with  artificial  flowers,  while,  on  a  holiday 
devoted  to  any  particular  saint,  after  the  performance  of  mass,  a  picture  of 
the  saint,  deposited  in  the  arch,  would  be  carried  out  of  the  church  on  the 
shoulders  of  four  men,  followed  by  the  whole  congregation  in  double  file, 
with  the  priest  at  the  head,  book  in  hand.  The  procession  would  march  all 
round  the  town,  and  at  every  few  rods  would  kneel  on  the  ground  while  the 
priest  read  a  prayer  or  performed  some  religious  ceremony.  After  the  circuit 
of  the  town  had  been'made,  the  train  returned  to  the  church,  entering  it  in 
the  same  order  as  that  in  which  they  had  departed.  With  the  termination 
of  these  exercises,  horse-racing,  cock-fighting,  gambling,  dancing,  and  a  gen- 
eral merry-making,  completed  the  work  of  the  day.  A  favorite  amusement 
of  these  festivals  was  for  thirty  or  forty  men  on  horseback,  generally  two 
but  sometimes  three  on  one  horse,  with  their  guitars,  to  parade  the  town, 
their  horses  capering  and  keeping  time  to  the  music,  accompanied  with  songs 
by  the  whole  company,  in  this  manner  visiting,  playing  and  singing,  at  all 
the  places  of  business  and  principal  residences;  and  it  was  considered  no 
breach  of  decorum  for  men  on  horses  to  enter  stores  and  dwellings. 

Some  of  their  religious  ceremonies  wei'e  very  grotesque  and  amusing,  the 
personification  of  "  The  Wise  Men  of  the  East,"  being  of  this  character.  At 
the  supposed  anniversary  of  the  visit  of  the  Wise  Men  to  Bethlehem,  seven 
or  eight  men  would  be  found  dressed  in  the  most  fantastic  styles,  going  in 
company  from  house  to  house  looking  for  the  infant  Saviour.  They  were 
invariably  accompanied  by  one  representing  the  devil  in  the  garb  of  a  Fran- 
ciscan friar,  with  his  rosary  of  beads  and  the  cross,  carrying  a  long  rawhide 
whip,  and  woe  to  the  man  who  came  within  the  reach  of  that  whip — it  was 
far  from  fun  to  him,  though  extremely  amusing  to  the  rest  of  the  party. 
The  chief  of  these  ceremonies,  however,  was  the  punishment  of  Judas  Isca- 
riot  for  the  betrayal  of  his  Master.  On  the  supposed  periodicity  of  this  event, 
after  nightfall  and  the  people  had  retired  to  rest,  a  company  would  go  out 
and  prepare  for  the  forthcoming  ceremonies.  A  cart  was  procured  and 
placed  in  the  public  square  in  front  of  the  church,  against  which  was  set  up 
an  efiigy  made  to  represent  Judas,  by  stufiing  an  old  suit  of  clothes  with 
straw.  The  houses  were  then  visited  and  a  collection  of  pots,  kettles,  dishes, 
agricultural  implements — in  fact  almost  every  conceivable  article  of  personal 
property  was  scraped  together  and  piled  up  around  Judas,  to  represent  his 
effects,  until  in  appearance  he  was  the  wealthiest  man  in  the  whole  country. 


EARLY   HISTORY   AND   SETTLEMENT.  73 

Then  the  last  will  and  testament  of  Judas  had  to  be  prepared,  a  work  which 
was  accorded  to  the  best  scribe  and  the  greatest  wit  of  the  connnunity. 
Every  article  of  property  had  to  be  disposed  of,  and  something  like  an  equal 
distribution  among  all  the  people  made,  each  bequest  being  accompanied  by 
some  very  pointed  and  witty  reason  for  its  donation.  Among  a  more  sensi- 
tive people,  some  of  these  reasons  would  be  regarded  as  libelous.  The  will, 
when  completed  and  properly  attested,  was  posted  on  a  bulletin  board  near 
the  eSigy,  and  the  night's  work  was  performed.  As  soon  as  sufficiently  light, 
the  entire  population,  men,  women  and  children,  congregated  to  see  Judas 
and  his  wealth,  and  to  hear  read,  and  discuss,  the  merits  of  his  will,  and 
appropriateness  of  its  provisions.  Nothing  else  was  talked  of;  nothing  else 
was  thought  of,  until  the  church  bell  summoned  them  to  mass,  after  which  a 
wild,  unbroken  mare  was  procured,  on  the  back  of  which  Judas  was  firmly 
strapped;  a  string  of  firo-crackers  was  then  tied  to  her  tail,  they  were  lighted, 
she  was  turned  loose,  and  the  ultimate  fate  of  the  figurative  Judas  was  not 
unlike  that  which  we  are  told  occurred  to  his  perfidious  prototype. 

The  native  Californians  were  a  temperate  people,  intoxication  being  almost 
unknown.  Wines  and  liquors  existed  in  the  country,  but  were  sparingly 
used.  In  a  saloon  when  a  "  bit's  worth  "  was  called  for,  the  decanter  was 
not  handed  to  the  customer,  as  is  now  the  case,  but  was  invariably  measured 
out,  and  if  the  liquor  was  a  potent  spirit,  in  a  very  small  dose;  while  a  "  bit's 
worth"  was  a  ti^eat  for  a  considerable  company,  the  glass  being  passed  around 
from  one  to  the  other,  each  taking  a  sip.  The  following  amusing  episode  in 
this  regard,  which  occurred  in  1847,  may  find  a  place  in  this  chapter.  Juan 
Soto,  an  old  gray-headed  man  and  a  great  friend  to  Americans — for  every 
one  who  spoke  English  was  an  American  to  him — had  come  into  possession 
of  a  "  bit,"  and  being  a  generous,  whole-souled  man,  he  desired  to  treat  five  or 
six  of  his  friends  and  neighbors.     To  this  end  he  got  them  together,  marched 

them  to  Weber's  store  in  the  Pueblo  de  San  Jos^,  and  there  meeting  , 

who,  though  hailing  from  the  Emerald  Isle,  passed  for  an  American,  invited 
him  to  join  in  the  syinpositun.  The  old  Spaniard  placed  his  "bit"  upon  the 
counter  with  considerable  eclat,  and  called  for  its  value  in  wine,  which  was 

duly  measured  out.     As  a  mark  of  superior  respect  he  first  handed  it  to , 

who,  wag  that  he  was,  swallowed  the  entire  contents,  and  awaited  the 
denoueinent  with  keen  relish.  Soto  and  his  friends  looked  at  each  other  in 
blank'  amazement,  when  there  burst  out  a  tirade  in  their  native  tongue,  the 
choice  expressions  in  which  may  be  more  readily  imagined  than  described. 

There  was  one  vice  that  was  common  to  nearly  all  of  these  people,  and  which 
eventually  caused  their  ruin,  namely,  a  love  of  gambling.  Their  favorite 
game  was  monte,  probably  the  first  of  all  banking  games.  So  passionately 
were  they  addicted  to  this,  that  on  Sunday,  around  the  church,  while  the 
women  were  inside  and  the  priest  at  the  altar,  crowds  of  men  would  have 


74  HISTORY    OF   SANTA    CLAKA    COUNTY,    CALIFORNIA. 

their  blankets  spread  upon  the  ground  with  their  cards  and  money,  playing 
their  favorite  game  of  monte.  They  entertained  no  idea  that  it  was  a  sin, 
nor  that  there  was  any  thing  in  it  derogatory  to  their  character  as  good 
Christians.  This  predilection  was  early  discovered  and  turned  to  account  by 
the  Americans,  who  soon  established  banks,  and  carried  on  games  for  their 
amusement  especially.  The  passion  soon  became  so  developed  that  they 
would  bet  and  lose  their  horses  and  cattle,  while,  to  procure  money  to  gratify 
this  disposition,  they  would  borrow  from  Americans  at  the  rate  of  twelve  and 
a  half  per  cent,  per  day;  mortgaging  and  selling  their  lands  and  stock,  yea, 
even  their  wives'  clothing,  so  that  their  purpose  should  be  gratified,  and 
many  unprincipled  Westerns  of  those  days  enriched  themselves  in  this  man- 
ner at  the  expense  of  those  poor  creatures. 

Before  leaving  this  people,  mention  should  be  made  of  their  bull  and  bear 
fights.  Sunday,  or  some  prominent  holiday,  was  invariably  the  day  chosen 
for  holding  these,  to  prepare  for  which  a  large  corral  was  erected  in  the  plaza 
in  front  of  the  church,  for  they  were  witnessed  by  priest  and  layman  alike. 
In  the  afternoon,  after  Divine  service,  two  or  three  good  bulls  (if  a  bull-fight 
only),  would  be  caught  and  put  into  the  inclosure,  when  the  combat  com- 
menced. If  there  is  anything  that  will  make  a  wild  bull  furious  it  is  the 
sight  of  a  red  blanket.  Surrounded  by  the  entire  population,  the  fighters 
entered  the  arena,  each  with  one  of  these  in  one  hand  and  a  knife  in  the  other, 
the  first  of  which  they  would  flaunt  before  the  furious  beast,  but  guardedly 
keeping  it  between  the  animal  and  himself.  Infuriated  beyond  degree,  with 
flashing  eye  and  head  held  down,  the  bull  would  dash  at  his  enemy,  who 
with  a  dexterous  side  spring  would  evade  the  onslaught,  leaving  the  animal 
to  strike  the  blanket,  and  as  he  passed  would  inflict  a  slash  with  his  knife. 
Whenever  by  his  quickness  he  could  stick  his  knife  into  the  bull's  neck  just 
behind  the  horns,  thereby  wounding  the  spinal  cord,  the  bull  fell  a  corpse 
and  the  victor  received  the  plaudits  of  the  admiring  throng.  The  interest 
taken  in  these  exhibitions  was  intense;  and,  what  though  a  man  was  killed, 
had  his  ribs  broken,  was  thrown  over  the  fence,  or  tossed  on  to  the  roof  of 
a  house ;  it  only  added  zest  to  the  sport,  it  was  of  no  moment,  the  play  went 
on.     It  was  a  national  amusement. 

When  a  grizzly  bear  could  be  procured,  then  the  fight,  instead  of  being 
between  man  and  bull,  was  between  bull  and  bear.  Both  were  taken  into 
the  corral,  each  being  made  fast  to  either  end  of  a  rope  of  sufficient  length 
to  permit  of  free  action,  and  left  alone  until  they  chose  to  open  the  ball. 
The  first  motion  was  usually  made  by  the  bull  endeavoring  to  part  company 
from  the  boar,  who  thus  received  the  first  "  knock  down."  On  findinsf  that 
he  could  not  get  clear  of  Bruin,  he  then  charged  him,  but  was  met  half-way. 
If  the  bear  could  catch  the  bull  by  the  nose,  he  held  him  at  a  disadvantage; 
but  he  more  frequently  found  that  he  had  literally  taken  the  bull  by  the 


EAllLY    HISTORY    AND   SETTLEMENT.  7o 

horns,  when  the  tight  became  intensely  interesting-,  and  was  kept  up  until  one 
or  other  was  killed,  or  both  refused  to  renew  the  combat.  The  bull,  unless 
his  horns  were  clipped,  was  generally  victorious. 

This  custom  of  bull  and  bear  fighting  was  kept  up  by  the  native  Califor- 
nians,  as  a  money-making  institution  from  the  Americans,  until  the  year 
1854,  when  the  Legislature  interposed  by  "  An  Act  to  prevent  Noisy,  and 
Barbarous  Amusements  on  the  Sabbath." 

Judge  R.  F.  Peckham  tells  the  following  incident  in  regard  to  this  Act, 
which  though  not  having  occurred  in  this  county,  still  took  place  in  the 
Santa  Clara  valley.  Shortly  after  the  foregoing  enactment  became  a  law, 
great  preparations  were  made  for  havinga  bull-fight,on  the  Sabbath  as  usual,  at 
the  old  Mission  of  San  Juan  Bautista.  They  were  notified  by  the  officers  of 
the  existence  of  the  new  law,  and  that  they  must  desist  from  the  undertak- 
ing. Doctor  Wiggins,  a  mission  pioneer  in  California  since  1842,  was  then 
residing  at  San  Juan;  he  spoke  Spanish  fluently,  and  was  looked  upon  as  a 
great  friend  by  the  native  Calif ornians.  He  never  smiled  nor  appeared  to 
jest,  yet  he  was  the  greatest  tale-teller,  jester  and  punster  on  the  Pacific  coast. 
In  sallies  of  genuine  wit  he  stood  unequalled.  In  their  perplexity  about  the 
new  law,  the  Californians  took  counsel  with  the  doctor;  he  examined  the 
title  of  the  Act  with  much  seriousness  and  great  wisdom :  "  Go  on  with  your 
bull-fights,"  was  the  doctor's  advice;  "  they  can  do  nothing  with  you.  This 
is  an  Act  to 'prevent  noisy  and  barbarous  amusements  on  the  Sabbath.  If 
they  arrest  you,  you  will  be  entitled  to  trial  by  jury;  the  jury  will  be  Amer- 
icans ;  they  will,  before  they  can  convict  you,  have  to  find  three  things:  first, 
that  a  bull-fight  is  noisy;  this  they  will  find  against  you;  second,  that  it  is 
barbarous;  this  they  will  find  against  you;  hut  an  American  jury  will  never 
find  that  it  is  an  amusement  in  Christ's  time.  Go  on  with  your  bull-fights." 
They  did  go  on  and  were  arrested,  to  find  that  the  doctor  had  been  practicing 
a  cruel  joke  on  this  long-cherished  institution.  They  were  sentenced  to  pay 
a  fine,  and  it  was  the  last  of  the  bull-fights.  Thus  passed  away  the  only 
surviving  custom  of  a  former  civilization. 

The  history  of  the  settlement  of  any  county  of  California  follows  as  sequen- 
tially, and  is  so  cJosely  allied  with  the  history  of  the  Pacific  coast  in  general, 
and  this  State  in  particular,  that  to  commence  the  chronicling  of  events  from 
the  beginning  naturally  and  properly  takes  us  back  to  the  first  discoveries 
in  this  portion  of  the  globe,  made  by  the  bold  old  voyageurs  who  left  the  known 
world  and  charted  seas  behind  them  and  sailed  out  into  an  unknown,  untrav- 
ersed,  unmapped  and  trackless  main,  whose  mysteries  were  to  them  as  great 
as  those  of  that  "  undiscovered  country  "  of  which  the  Prince  of  Uenmai'k 
speaks. 

In  the  year  1728  a  Dane  named  Vitus  Bering,  was  employed  by  Catharine 
of  Russia  to  proceed  on   an  exploring  expedition  to  the  north-west  coast  of 


7(i  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

America  and  Asia,  to  find  if  possible  an  undiscovered  connection  between  the 
Atlantic  and  Pacific  oceans.  On  this  voyage  he  solved  the  riddle  and  gave 
to  the  world  the  straits  which  now  bear  his  name.  On  his  return  he  tendered 
to  the  Empress  the  handsome  skins  which  he  had  procured  on  his  cruise,  and 
so  delighted  was  she,  and  so  excited  was  the  cupidity  of  capitalists  from  other 
countries,  that  soon  settlements  were  established  on  the  coast,  and  the  collec- 
tion of  furs  commenced.  In  1799  the  Russian  American  Fur  Company  was 
organized  and  located  in  what  is  now  known  as  Alaska  ;  Sitka  was  founded 
in  1805 ;  and  for  many  years  the  neighbors  of  the  Russ  were  the  Aiistrians 
and  Danes.  Now  came  the  British.  An  association  known  as  the  King 
George's  Sound  Company  was  organized  in  London  in  1784,  for  the  purpose 
of  making  a  settlement  on  the  Pacific  coast,  whither  many  of  their  vessels 
ibund  their  way,  up  till  1790.  Between  the  years  1784  and  1790,  the  coast 
was  visited  by  ships  of  the  East  India  Company ;  and  about  the  last-named 
year  craft  of  the  United  States  were  first  seen  in  these  waters. 

The  ship  Columbia,  Robert  Gray,  Captain,  arrived  at  the  Straits  of  Fuca 
June  5,  1791,  and  traded  along  the  coast,  discovering  the  Columbia  river, 
which  he  named  after  his  vessel.  May  7,  1792.  In  1810,  a  number  of  hunt- 
ers and  trappers  arrived  in  the  ship  Albatross,  Captain  Smith,  and  estab- 
lished the  first  American  settlement  on  the  Pacific  coast.  In  the  same  3'ear, 
under  the  leadership  of  John  Jacob  Astor,  the  Pacific  Fur  Company  was 
organized  in  New  York;  and  in  1811  they  founded  the  present  town  of 
Astoria,  at  the  mouth  of  the  Columbia  river.  The  British,  however,  soon 
after  wrested  it  from  their  hands  and  drove  all  the  Americans  out  of  the 
country,  many  of  whom  found  their  way  into  California.  Between  the 
years  1813  and  1822,  save  deserters  from  vessels,  and  those  connected  with 
trading-posts,  there  were  no  Americans  on  the  coast. 

In  his  "  Natural  Wealth  of  California,"  Titus  Fey  Cronise  informs  us  that 
from  1825  until  1834,  the  whole  of  the  California  trade  was  in  the  hands  of  a 
few  Boston  merchants.  A  voyage  to  this  coast  and  back,  during  that  time, 
was  an  enterprise  of  very  uncertain  duration,  generally  occupying  two  or 
three  years.  The  outward  cargo,  which  usually  consisted  of  groceries  and 
coarse  cotton  goods,  had  to  be  retailed  to  the  missionaries  and  settlers,  as 
there  were  no  "jobbers  "  in  those  times,  and  neither  newspapers,  telegraphs, 
nor  stages  through  which  to  inform  customers  of  the  ship's  arrival.  The 
crew  had  to  travel  all  over  the  country  to  convey  the  news,  which  occupied 
considerable  time.  It  was  this  portion  of  their  duties  that  caused  so  raany 
of  them  to  desert  their  ships.  They  saw  so  much  of  the  country,  became  so 
charmed  with  the  freedom,  ease  and  plenty,  that  prevailed  everywhere,  that 
they  preferred  to  remain  on  shore.  Each  of  these  vessels  generally  brought 
several  young  men  as  adventurers,  who  worked  their  passage  out  for  the 
privilege  of  remaining.     Many  of  the  early  settlers,  whose  children  are  now 


EARLY    HISTORY    AND    SKTTLEMENT.  77 

amoncr  the  wealthiest  citizens  of    the    State,    came   to   California   in    this 
mannei'. 

The  outward  cargo  being  disposed  of,  the  homeward  one  had  to  be  pro- 
cured. Sometimes,  when  the  season  had  been  too  dry,  or  too  wet  for  the 
lazy  vaqueros  to  drive  the  cattle  into  the  missions  to  kill,  there  were  no  hides 
or  tallow  to  be  had.  On  such  occasions  the  vessel  was  obliged  to  remain 
till  the  next  season,  when  a  sufficient  number  of  cattle  would  be  slaughtered 
to  pay  for  the  goods  purchased,  as  there  was  no  "currency"  used  iu  the 
country,  except  hides  and  tallow. 

First  in  California  to  settle,  and  foremost  in  Santa  Clara  county,  was  John 
Cameron,  commonly  called  Gilroy.  He  was  born  in  Invernessshire,  Scotland, 
in  the  district  of  Lochaber,  in  the  year  1794,  and  in  the  year  1813  arrived  in 
Monterey  in  one  of  Her  Britannic  Majesty's  ships,  on  board  of  which  he  was 
rated  as  coxswain  of  the  captain's  gig.  From  here  he  deserted  in  company 
with  a  comrade  known  as  "Deaf  Jimmy,"  and  waiting  carefully  hid  until  the 
vessel  had  departed,  the  two  friends  then  sought  employment,  and  finding  their 
way  into  this  valley,  Gilroy  established  himself  at  the  little  town  of  San 
Ysidro,  now  generally  called  Old  Gilroy,  and  there  marrying,  remained  till  his 
death,  which  occurred  in  July,  1869.  His  comrade,  "  Deaf  Jimmy,"  after 
staying  Svith  his  confrere  for  some  time,  went  to  the  north  of  the  Bay  of 
San  Francisco  and  died  in  Sonoma  county.  At  this  time  there  were  not 
half  a  dozen  foreign  settlers  in  the  whole  country,  save  the  Russians  who 
then  occupied  Bodega  and  Fort  Ross  on  the  coast  of  Sonoma,  while,  from 
San  Francisco  to  Los  Angeles,  there  were  only  eight  ranchos,  the  property  of 
Mexican  colonists. 

In  the  year  1818  there  arrived  at  Monterey  another  of  those  grand  noble- 
men, cast  in  nature's  mould,  in  the  person  of  Don  Antonio  Sunol.  His  birth- 
place was  Barcelona  in  Spain,  but  a  love  for  the  French  people  induced  him 
to  enter  their  naval  service  and  he  was  present  when  the  First  Napoleon  sur- 
rendered as  a  prisoner  before  his  exile  to  the  island  of  St.  Helena.  He  died 
at  his  residence  in  San  Jos^,  March  18,  1865,  having  earned  in  life  by  his 
generosity,  the  respect  of  the  entire  community. 

Prior  to  the  year  1820  the  manner  of  living  was  most  primitive,  and  had 
it  not  been  that  horses  were  plentiful,  the  mode  of  locomotion  would  have  of 
a  necessity  been  confined  to  pedestrianism,  for,  as  there  were  no  roads  there 
were  no  vehicles,  while  the  wheels  of  those  which  existed  were  innocent  of 
fellah,  spoke,  hub,  or  tire.  Not  a  hotel,  or  public  house  of  entertainment 
was  to  be  found  throughout  the  length  and  breadth  of  the  land,  while  there 
was  no  sawed  timber ;  that  used  for  building  being  hewn  with  axes  by  Indians. 
A  fire-place  or  stove  was  unknown  in  a  dwelling,  nor  did  these  come  into 
use  until  1846,  after  the  American  Occupation. 

The  first  American-born  settler  in  Santa  Clara  county,  was  Philip  Doke 


78  HISTORY   OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

or  Doak,  a  block  and  tackle  maker,  who  having  left  a  whaling  vessel  in 
Monterey  about  the  year  1822,  came  into  this  valley,  settled  on  the  rancho 
of  Mariano  Castro,  near  Gilroy,  and  married  one  of  his  daughters.  About 
the  same  time,  1822,  Mathew  Fellom,  a  Dane,  having  landed  from  a  whaler 
at  either  Bodega  or  Fort  Ross,  travei'sed  the  intervening  wilds,  and  located 
on  land  now  occupied  by  W.  N.  Furlong,  near  San  Ysidro,  or  Old  Gilroy. 
This  gentleman  died  in  1873. 

In  the  year  1828  there  was  an  Englishman  named  William  Willis  living  in 
the  Pueblo  de  San  Jose,  but  when  he  came  to  the  county  we  have  no  means 
of  ascertaining. 

It  is  believed  that  in  or  about  the  year  1830  there  were  not  more  than  a 
hundred  foreigners  in  the  whole  of  California.  About  that  year  there  came 
to  this  county  the  future  Alcalde  during  the  Auierican  Occupation:  Jahn 
Burton,  who  married  in  1831.  In  the  Fall  of  1833,  Harry  Bee  came  to  San 
Jose  from  Monterey,  where  he  had  arrived  in  company  with  Dr.  Douglas, 
a  naturalist,  in  October,  1827.  He  was  born  in  the  parish  of  Westminster, 
London,  England,  and  is  to-day  the  oldest  living  settler  of  Santa  Clara 
county.  In  1833  there  also  came  with  the  Hijas  colonization  expedition  to 
the  valley,  William  Gulnac,  a  native  of  Hudson  City,  New  York,  where  he 
was  born,  August  4,  1801.  In  the  year  1819  he  sailed  around  Cape  Horn 
and  settled  in  Lower  California,  where  he  married  Maria  Isabel  de  Casena, 
in  1825.  He  died  July  12, 1851,  having  heen  mayordomo  of  the  Mission  San 
Jos^  for  a  considerable  period.  In  this  year,  too,  came  James  Alexander 
Forbes,  afterwards  Vice  Consul  for  Great  Britain,  who  died  in  Oakland, 
Alameda  county,  May,  1881,  and  James  Weekes,  who  served  as  Alcalde 
in  1847.  In  that  year  thei'e  were  John  Mulligan  and  a  watchmaker, 
whose  name  is  unknown,  at  Gilroy's.  Besides  these,  Harry  Bee  says, 
about  the  time  he  arrived,  or  shortly  after,  there  were  living  in 
the  Pueblo  de  San  Jos^,  Nicholas  Dodero,  an  Italian;  John  Price,  an  Ameri- 
can, William  Smith,  better  known  as  "Bill  the  Sawyer;"  George  Ferguson, 
who  is  still  alive  and  now  a  resident  of  Mayfield;  Thomas  Pepper,  alias 
Pimiento,  William  Welsh,  an  Irishman;  "Blind  Tom,"  an  English  sailor; 
Charles  Brown,  now  of  San  Francisco,  and  also  an  Irish  dragoon,  a  deserter 
from  the  British  service.  To  these  Mr.  Weekes,  who  died  in  May,  1881,  at 
the  residence  of  his  old  friend  Harry  Bee,  adds  the  name  of  Moche  Dan.  In 
1834  Thomas  Bowen  and  William  Daily  came. 

In  the  year  1835  thirty  citizens,  styling  themselves  as  of  the  Ranches  of 
the  north,  that  is  of  districts  to  the  north  of  the  bay,  presented  the  following 
petitions  to  the  Govei-nor  which  are  produced  in  the  hope  that  they  may 
prove  instructive  as  well  as  amusing  to  the  reader.  It  is  a  desire  on  their 
part  to  belong  to  the  jurisdiction  of  San  Jos^,  instead  of  that  •  of  San 
Francisco : — 


EAUl.V    11  IS  TORY    AND    SETTLEMENT.  79 

"  To  Bis  Excellency  the  Governor — 

"  The  residents  of  the  adjoining  ranches  of  the  north,  now  belonging  to  the 
jurisdiction  of  the  port  of  San  Francisco,  with  due  respect  to  your  Excel- 
lency, represent:  That  finding  great  detriment,  and  feeling  the  evils  under 
which  they  labor  from  belonging  to  this  jurisdiction,  whereby  they  are 
obliged  to  represent  to  your  Excellency  that  it  causes  an  entire  abandoning 
of  their  families  for  a  year  by  those  who  attend  the  judiciary  functions  and 
are  obliged  to  cross  the  bay.  Truthfully  speaking,  to  be  obliged  to  go  to  the 
port  by  land,  we  are  under  the  necessity  of  traveling  forty  leagues,  going 
and  coming  back;  and  to  go  by  sea  we  are  exposed  to  the  danger  of  being 
wrecked.  By  abandoning  our  families,  as  above  stated,  it  is  evident  that 
they  must  remain  without  protection  against  the  influences  of  malevolent 
persons ;  they  are  also  exposed  to  detention  and  loss  of  labor  and  property, 
and  injury  by  animals.  There  is  no  lodging  to  be  had  in  that  port,  where, 
for  a  year,  nn  cujantamiento  is  likely  to  detain  them,  and,  should  they  take 
their  families,  incurring  heavy  expenses  for  their  transportation  and  necessary 
provisioning  for  the  term  of  their  engagement,  there  is  no  accommodation  for 
them.  Wherefore,  in  view  of  these  facts,  they  pray  your  Excellency  to  be 
pleased  to  allow  them  to  belong  to  the  jurisdiction  of  the  town  of  San  Jose^ 
and  recognize  a  commission  of  justice  that  will  correspond  with  the  said 
San  Jose  a.s  capital  for  the  people  in  this  vicinity;  wherefore,  we  humbly 
pray  your  Excellency  to  favor  the  parties  interested  by  acceding  to  their 
wishes. 

"  San  Antonio,  San  Pablo,  and  the  adjacent  ranchos  north,  May  30,  1835." 

It  is  unnecessary  here  to  produce  the  names  of  the  signers  of  the  docu- 
ment, rather  permit  us  to  dwell  upon  the  changes  rung  by  time  since  then. 
Six  and  forty  years  ago  the  bay  was  indeed  a  veritable  "sea  of  trouble"  to 
those  rancheros;  it  is  now  crossed  in  half  the  number  of  minutes  that  years 
have  elapsed.  Where  there  were  no  accommodations,  the  finest  and  best  con- 
ducted hotels  in  the  worlds  have  sprung  up  as  if  by  magic;  and  travel  by 
land  has  been  rendered  secure,  inexpensive,  comfortable,  and  expeditious. 
Such  a  wonderful  transformation  is  hard  to  realize;  but  the  facts  speak  for 
themselves. 

In  due  course  the  document  was  received  at  Monterey.  Let  us  follow  it: 
Under  date  August  12,  1835,  it  was  indorsed:  "Let  it  be  kept  to  be 
reported  to  the  deputation."  September  1st,  it  was  docketed  :  "  On  this  day 
the  same  was  reported  and  referred  to  the  Committee  on  Government,"  who, 
September  5th,  reported  as  follows:  "  Most  Excellent  Sir:  The  Committee  on 
Government  being  required  to  report  upon  the  memorial,  with  the  parties 
sub.scribed  thereto,  made  to  the  Political  Chief  on  the  30th  day  of  May  last, 
finds  that  the  said  memorial  is  grounded  upon  good  reasons  and  public  con- 


80  HISTORY    OF    SANTA    CLARA   COUNTY,    CALIFORNIA. 

venience;  but,  as  the  subject  should  be  considered  upon  pi'oper  reports  for 
a  due  determination,  the  Committee  is  of  opinion  that  the  reports  of  the 
Ayuntamientos  of  the  towns  of  San  Jos^  and  San  Francisco  are  required 
for  that  purpose.  Therefore,  the  Committee  offers,  for  the  deUberation  of 
the  most  Excellent  Deputation,  the  following  propositions:  1st.  That  this 
expediente  be  referred  to  the  Ayuntamientos  of  the  towns  of  San  Josd  and 
San  Francisco,  in  order  that  they  report  upon  said  memorial.  2d.  That 
after  which,  the  same  be  returned  for  determination. 

"  Man'l  Jimeno, 
"  Salvio  Pacheoo." 

"  Monterey,  September  10,  1835.  At  the  session  of  this  day  the  most 
Exalted  Deputation  has  approved  the  two  propositions  made  in  the  report 
of  the  Committee  on  Government.  Manuel  Jimeno." 

"  Montei'ey,  September  28, 1835.  Let  this  expediente  be  forwarded  to  the 
Ayuntamiento  of  the  town  {pueblo)  of  San  Jos^  Guadalupe,  for  a  report 
upon  the  prayer  of  the  foregoing  memorial,  and  to  that  of  San  Francisco 
for  the  like  purpose.  The  Ayuntamiento  of  the  latter  town  will,  moreover, 
give  a  list  of  the  residents  of  the  vicinity  of  the  same.  Don  Jose  Castro, 
senior  member  of  the  most  Excellent  Territorial  Deputation,  and  Superior 
Political  Chief  of  Upper  California,  thus  commended,  decreed,  and  signed 
this,  which  I  attest.  "  Jose  Castro. 

"  Fran'co  del  Calsello  Negrete,  Sedy." 

"  In  pursuance  of  the  foregoing  Supreme  Order  of  Your  Excellency,  this 
Ayuntamiento  begs  to  state  the  following:  That  with  regard  to  the  residents 
on  the  northern  vicinity,  now  under  jurisdiction  of  San  Francisco,  and  who  in 
their  memorial  prayed  to  be  exempted  from  belonging  to  that  jurisdiction, 
owing  to  most  notable  detriment  occasioned  to  them,  now  and  then,  from 
having  indispensably  to  cross  the  bay,  or  to  travel  upwards  of  forty  leagues; 
while  on  half  their  way  they  can  come  to  this  town  (pueZ)^o),  under  the  juris- 
diction of  which  they  formerly  were,  which  was  most  suitable  and  less 
inconvenient  to  them ;  this  Ayuntamiento  thinks  that  their  prayer  should  be 
granted,  if  it  is  so  found  right.  "  Antonio  Ma.  Pico, 

"  Jose  Berreyessa,  Secretary.  "  Ignacio  Martinez. 

"  Town  of  San  Jose  Guadalupe,  November  4,  1835." 

In  a  response,  or  rather  a  remonstrance,  the  complaints  of  the  petitioners 
were  treated  as  frivolous  by  the  Ayuntamiento  of  San  Francisco,  who 
rebuked  them  for  their  want  of  patriotism ;  and  were  asked  if  their  service 
of  having  traveled  a  paltry  forty  leagues  could  bear  the  slightest  comparison 
with  those  of  others  who  had  journeyed  hundreds  of  leagues  in  the  interior, 
and  some  who  had  gone  on  public  service  from  San  Francisco  to  San  Diego. 

We  have  elsewhere  fully  entered  into  the  subject  of  the  events  which 


|thf 


EARLY    HISTORY    AND   SETTLEMENT.  81 

transpired  between  the  years  1836  and  184G,  in  regard  to  the  donation  of 
grants  and  commencement  of  hostiUties  between  the  United  States  and 
Mexico.  We  have  now  but  to  attempt  to  follow  the  names  of  those  immi- 
grants who  settled  in  the  county.  In  the  year  1838  there  came  two  men 
named  Henry  Woods  and  Lawrence  Carmichael. 

In  the  year  1841,  however,  the  first  overland  immigration  may  be  said  to 
have  commenced,  the  voyage  being  then  more  one  of  discovery  than 
certainty,  the  only  well-ascertained  points  at  that  time  being  the  Great  Salt 
Lake  and  Huniboldt  river,  then  known  as  St.  Mary's.  Of  the  two  parties 
that  left  Independence,  Missouri,  May  6,  1841,  the  first  was  under  the  leader- 
ship of  Robert  H.  Thomes  of  Tehama,  and  traveled  by  St.  Mary's,  Oo-den, 
or  Humboldt  river;  the  second  came  by  Santa  Fe',  and  the  middle  route  to 
Los  Angeles,  and  had  as  its  chief,  William  Workman,  who  died  in  Los 
Angeles  in  1876.  In  the  former,  which  numbered  about  thirty  men,  we  find 
the  names  of  Josiah  Belden,  Charles  M.  Weber,  who  died  in  Stockton  in 
May,.  1881,  and  Grove  C.  Cook,  three  gentlemen  that  have  much  to  do  with 
the  early  days  of  Santa  Clara.  Besides  these  we  learn  that  Henry  Pitts, 
Peter  Springer,  William  Wiggins,  and  James  Rock  came  at  that  time.  In 
the  year  1843  another  party  crossed  the  plains,  and  some  of  them  found 
their  way  to  the  Santa  Clara  valley,  among  them  being  Major  S.  J.  Hensley 
who  died  in  1865;  Julius  Martin,  Thomas  J.  Shadden,  and  Winston  Bennett, 
the  last  three  of  whom  brought  their  wives,  the  first  foreign  ladies  to  settle 
in  the  district.  In  1844  we  find  among  the  arriv^als  in  the  county  the 
names  of  Captain  Stephens,  the  Murphy  family,  including  Martin  Murphy, 
senior,  his  wife  with  five  sons  and  two  daughters;  James  Miller,  now  an 
honored  resident  of  Marin  county,  who  removed  thither  shortly  after  his 
arrival;  Dr.  John  Townsend  and  wife,  and  Moses  Schallenberger,  the 
father,  mother  and  uncle  of  John  Townsend  of  San  Jose;  Joseph  Foster;  Mr. 
Hitchcock  and  family;  Thomas  Hudson,  C.  Columbet,  and  Martin  Corcoran. 
Of  these  Dr.  Townsend  and  his  wife  died  of  cholera  in  tlie  year  1850;  and 
Mr.  Murphy,  senior,  March  16,  1865.  His  biography  will  be  found  in 
another  portion  of  this  work.  In  1845  Frank  Lightston,  J.  Washburn 
Wm.  O'Connor,  W.  C.  Wilson,  John  Daubenbiss,  and  James  Stokes,  came, 
to  the  county.  In  1846,  there  arrived  in  Santa  Clara  valley  Uncle  Ike 
Branham,  Jacob  D.  Hoppe,  Charles  White,  Joseph  Aram,  Zachariah  Jones, 
James  F.  Reed,  William  McCutchen,  and  their  families,  George  Donner  and 
his  two  sisters,  Arthur  Caldwell,  William  Daniels,  Samuel  Young,  A.  A. 
Hecox,  William  Haun,  William  Fisher,  Edward  Pyle,  and  their  families; 
Wesley  Hoover,  and  John  W.  Whisman,  with  their  wives;  William  and 
Thomas  Campbell  and  their  families;  Peter  Quivey  and  his  family;  Thomas 
Kell,  and  his  belongings;  Thomas  West,  and  his  four  sons,  Thomas,  Francis 
T.,  George  R.,  and  William  T.;  John  Snyder,  Septimus  R.  Moultrie,  Wil- 
6 


82  HISTORY   OF   SANTA    CLAEA    COUNTY,    CALIFORNIA. 

liam  J.  Parr,  Joseph  A.  Lard,  Mrs.  W.  H.  Lowe,  Mrs.  E.  Markliam,  L.  C. 
Young,  R.  J.  Young,  M.  D.  Young,  S.  C  Young  (dec),  Samuel  Q.  Bvough- 
ton,  R.  F.  Peckham,  Z.  Rochon,^  Joseph  Stillwell,  George  Cross,  Ramon  S- 
Cesena,  M.  Hollo  way,  Edward  Johnson,  Mrs.  Martha  J.  Lewis,  and  James 
Enright.  Of  course  there  were  many  more,  but  these  are  the  only  names 
that  the  oldest  resident  in  the  county  recollects. 

Above  we  have  mentioned  the  names  of  George  Donner  and  his  two 
sisters  as  settlers  in  Santa  Clara  county.  Let  us  now  relate  the  terrible 
experiences  of  that  company  known  as  the  Donner  party,  of  which  they 
were  members: — 

Tuthill's  History  of  California  tells  us:  "Of  the  overland  emigration  to 
California,  in  1846,  about  eighty  wagons  took  a  new  route,  from  Fort  Bridger, 
around  the  south  end1)f  Great  Salt  Lake.  The  pioneers  of  the  party  arrived 
in  good  season  over  the  mountains;  but  Mr.  Reed's  and  Mr.  Donner's  com- 
panies opened  a  new  route  through  the  desert,  lost  a  month's  time  by  their 
explorations,  and  reached  the  foot  of  the  Truckee  pass,  in  the  Sierra  Nevada, 
on  the  81st  of  October,  instead  of  the  1st,  as  they  had  intended.  The  snow 
began  to  fall  on  the  mountains  two  or  three  weeks  earlier  than  usual  that 
year,  and  was  already  so  piled  up  in  the  pass  that  they  could  not  proceed. 
They  attempted  it  repeatedly,  but  were  as  often  forced  to  return.  One  party 
built  their  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  utterly  destitute  of  food, 
for  they  could  not  tell  where  the  cattle  were  buried,  and  there  was  no  hope  of 
game  on  a  desert  so  piled  with  snow  that  nothing  without  wings  could  move- 
The  number  of  those  who  were  thus  storm -stayed,  at  the  very  threshold  of  the 
land  whose  Winters  are  one  long  Spring,  was  eighty,  of  whom  thirty  were 
females,  and  several  children.  The  Mr.  Donner  who  had  charge  of  one  com- 
pany, was  an  Illinoisian,  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  thirteen  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  Indians  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 


EARLY    HISTORY    AND    SETTLEMENT.  83 

^  feet  deep.     Pushing  forward  with  the  courage  of  despair,  they  made  from 
four  to  eight  niile.s  a  day. 

"  Within  a  week  they  got  entirely  out  of  pro\  isiuus  ;  and  tlu-ee  oi'  them, 
succumbing  to  cold,  weariness,  and  starvation,  had  died.  Then  a  heavy 
snow-storm  came  on,  wliich  compelled  them  to  lie  ,<till,  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,  and  then  pushed  on. 

"  On  New  Year's,  tlie  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  suspicious  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  sui-vivors.  On  the  seventli,  all  irave  out,  and  concluded  their  wander- 
ings  useless,  except  one.  He,  guided  by  two  stray  friendly  Indians,  dragged 
himself  on  till  he  reached  a  settlement  on  Bear  river.  By  midnight  the 
settlers  ha^l  found  and  were  treating  with  all  Christian  kindness  what 
remained  of  the  little  company  that  after  more  than  a  month  of  the  most 
terrible  sufleiings,  had  that  morning  halted  to  die.    - 

"  The  story  that  there  Avere  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  Francisco,  and  the  people,  rallying  in  public  meeting,  raised  fifteen 
hundred  dollars  and  with  it  fitted  out  another  expedition.  The  naval  com- 
mandant 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  bullocks'  hides.  At  Donner's 
camp  they  had  but  one  hide  remaining.  The  visitors  left  a  small  supply  of 
provisions  witli  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  I'elief  parties  reached  Truckee  lake  on'the  first  of  March. 
They  immediately  started  back  with  seventeen  of  the  sufferers;  but,  a  heavy 
snow-storm  overtaking  them,  they  left  all,  except  three  of  the  children,  on  the 
road.  Another  party  went  after  those  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 


84  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

had  melted  so  much  tliat  the  earth  appeai-ed  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  repul- 
sive in  manner.  His  camp-kettle  was  over  the  fii'e  and  in  it  his  meal  of 
human  flesh  preparing.  The  stripped  bones  of  his  fellow-sufferers  lay  around 
him.  He  refused  to  return  with  the  party,  and  only  consented  when  he  saw 
there  was  no  escape. 

"  Mi-s.  Donner  was  the  last  to  die,  Her  husband's  body,  carefully  laid  out 
and  wrapped  in  a  sheet,  was  found  at  his  tent.  Circumstances  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 
around  his  neck,  he  produced  over  five  hundi-ed  dollars  in  gold,  which,  prob- 
ably, he  had  appropriated  from  her  store." 

In  relation  to  this  dreary  story  of  suffering,  this  portion  of  our  history  will 
be  concluded  by  the  narration  of  the  prophetic  dream  of  George  Yount, 
attended,  as  it  was,  with  such  marvelous  results. 

At  this  time  (the  Winter  of  1846),  while  residing  in  Napa  county,  of  which 
he  was  the  pioneer  settler,  he  dreamt  that  a  party  of  emigrants  were  snow- 
bound in  the  Sierra  Nevada,  high  up  in  the  mountains,  where  they  were 
suffering  the  most  distressing  privations  from  cold  and  want  of  food.  The 
locality  where  his  dream  had  placed  these  unhappy  mortals,  he  had  never 
visited,  yet  so  clear  was  his  vision  that  he  described  the  sheet  of  water  sur- 
rounded by  lofty  peaks,  deep-covered  with  snow,  while  on  every  hand  tow- 
ering pine  trees  reared  their  heads  far  above  the  limitless  waste.  In  his  sleep 
ho  .saw  the  hungry  human  beings  ravenously  tear  the  flesh  from  the  bones  of 
their  fellow-creatures,  slain  to  satisfy  their  craving  appetites,  in  the  midst  of 
a  gloomy  desolation.  He  dreamed  his  dream  on  three  successive  nights,  after 
which  he  related  it  to  others,  among  whom  were  a  few  who  had  been  on 
hunting  expeditions  in  the  Sierras.  These  wished  for  a  precise  description 
of  the  scene  foreshadowed  to  him.  They  recognized  the  Truckee,  now  the 
Donner  lake.  On  the  sti'ength  of  this  recognition  Mr.  Yount  fitted  out  a 
search  expedition,  and,  with  these  men  as  guides,  went  to  the  place  indicated, 
and,  prodigious  to  relate,  was  one  of  the  successful  relieving  bands  to  reach 
the  ill-fated  Donner  party. 

Many  books  on  this  subject  have  been  written,  but  all  have  differed  mater- 
ially. As  several  prominent  citizens  of  Santa  Clara  county  ai'e  interested  in  the 
matter,  we  hei'e  produce  the  statement  of  James  F.  Reed,  as  appeared  in  the 
Pacific  Rural  Press.  Mr.  Reed  was  a  well-known  and  highly  respected 
member  of  society  in  San  Josd. 

"I  left  Springfield,  Illinois,  with  my  family  about  the  middle  of  April, 
1846.  George  and  Jacob  Donner  with  their  families  accompanied  me.  We 
arrived  at  Independence,  Missouri,  where  I  loaded  two  of  my  wagons  with 


EARLY    HISTORY    AND    SETTLEMKNT.  85 

provisions,  a  third  one  being  reserved  for  my  family.  Col.  W.  H.  Russel's 
company  had  started  from  here  before  our  arrival.  We  followed  and  over- 
took them  in  the  Indian  Territory.  I  made  application  for  admission  of 
myself  and  others  into  the  company,  and  it  was  granted.  We  traveled 
on  with  the  company  as  far  as  the  Little  Sandy,  here  a  separation  took  place. 
The  majorit}'  of  the  members  going  to  Oregon,  and  a  few  wagons,  mine  with 
them,  going  the  Fort  Bridger,  Salt  Lake  route  for  California.  The  day 
after  our  separation  from  the  Russel  company,  we  elected  George  Donner 
captain.     From  this  time  the  company  was  known  as  'The  Donner  Party.' 

"Arriving  at  Fort  Bridger,  I  added  one  yoke  of  cattle  to  my  teams,  stay- 
ing here  four  days.  Several  friends  of  mine  who  had  passed  here  with  pack 
animals  for  California,  had  left  letters  with  Mr.  Vasques — M)-.  Bridger's 
partner — directing  me  to  take  the  route  by  way  of  Fort  Hall,  and  by  no 
means  to  go  the  Hasting's  Cut-ofF.  Vasques  being  interested  in  having  the 
new  route  traveled,  kept  these  letters.  This  was  told  me  after  my  arrival 
in  California.     Mr.  McCutchen,  wife  and  child,  joined  us  here. 

"Leaving  Fort  Bridger  we  unfortunately  took  the  new  loute,  traveling 
on  without  incident  of  note,  until  we  arrived  at  the  head  of  Weber  canon. 
A  short  distance  before  reaching  this  place  we  found  a  letter,  sticking  in  the 
top  of  a  sage  bush.  It  was  from  Hastings.  He  stated  that  if  Me  would 
send  a  messenger  after  him  he  would  return  and  pilot  us  through  a  route 
much  shorter  and  better  than  the  canon.  A  meeting  of  the  company  was 
held,  when  it  was  re.solved  to  send  Messrs.  McCutchen,  Stanton,  and  myself, 
to  Mr.  Hastings;  also  Ave  were  at  the  same  time  to  examine  the  canon, 
and  report  at  short  notice.  We  overtook  Mr.  Hastings  at  a  place  we  called 
Black  Rock,  south  end  of  Salt  Lake,  leaving  McCutchen  and  Stanton  here, 
their  hoi-ses  having  failed.  I  obtained  a  fresh  horse  fi'om  the  company  Hast- 
ings was  piloting,  and  started  on  my  return  to  our  company,  with  Mr. 
Hastings.  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  com- 
pany. We  camped  this  evening  in  a  canon,  and  next  morning  ascended  to 
the  summit  of  the  mountain  wdiere  we  could  overlook  a  portion  of  the 
country  that  lay  between  us  and  the  head^of  the  canon,  where  the  Donner 
company  wei'e  camped.  After  he  gave  me  the  direction,  Mr.  Hastings  and 
I  separated.  He  returning  to  the  companies  he  had  left  the  morning  pre- 
vious, 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  that  the  road  should  be  made,  if  the  company  so  directed  when 
they  heard  the  report.  When  McCutchen,  Stanton,  and  myself,  got  through 
Weber  canon  on  our  way  to  overtake  Mr.  Hastings,  our  conclusions  were 
that  many  of  the  wagons  would  be  destroyed  in  attempting  to  get  through 


80  HISTUllY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

the  cafion.  Mr.  Stanton  and  McCutchen  were  to  return  to  (jur  company 
as  fast  as  their  horses  would  stand  it,  they  having  nearly  given  out.  I 
reached  the  company  in  the  evening,  and  reported  to  them  the  conclusions 
with  refi-ard  to  Weber  caiion,  at  the  same  time  stating  that  the  route  that 
I  had  blazed  that  day  was  fair,  but  would  take  considerable  labor  in  clear- 
ing and  digging.  They  agreed  with  unanimous  voice  to  take  that  route 
if  I  would  direct  them  in  the  road-making,  they  working  faithfully  until 
it  was  completed.  Next  morning  we  started  under  these  conditions,  and 
made  camp  that  evening  without  difficulty  on  Bossman  creek.  The  after- 
noon of  the  second  day,  we  left  the  creek,  turning  to  the  right  in  a  canon, 
leading  to  a  divide.  Here  Mr.  Graves  and  family  overtook  us.  Tliis  even- 
ing, the  first  accident  that  had  occurred,  was  caused  by  the  upsetting  of  one 
of  my  wagons.  The  uext  morning,  the  heavy  work  of  cutting  the  timber 
commenced.  We  remained  at  this  camp  several  days.  During  this  time, 
the  road  was  cleared  for  several  miles  ahead.  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  cau.se,  by  any  means,  of  the  company  remain- 
ing in  the  mountains  during  the  following  Winter.  We  progressed  on  our 
way,  and  crossed  the  outlet  of  tlie  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  companies  that  Hastings  was  piloting  through 
his  Cut-off.  We  then  followed  his  road  around  the  lake  without  any  inci- 
dent 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  condi- 
tion 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  diives, 
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  cro.ssing 
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  acro.ss  when  a  greater  portion  of  the  cattle  showed  signs  of 
giving  out.  Here  the  compan}^  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 


EARLY    HISTORY    AND    SETTLEM1<:NT.  87 

them  when  thoy  fii-st  slioweJ  symptoms  of  giving   out,  starting   Avith  tiiem 
for  water. 

"  I  found  the  water  about  twenty  miles  from  where  I  left  the  company  and 
started  on  ray  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  i-eached  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  the  water  and  started  for  it. 
And  when  they  started  with  the  horses  the  cattle  were  out  of  sight,  they 
could  not  find  them  or  their  trail,  as  they  told  me  afterwards.  They,  sup- 
posing the  cattle  would  find  water,  went  on  to  camp.  The  next  morning 
the  animals  could  not  be  found  and  they  never  were,  the  Indians  getting  them, 
except  one  ox  and  one  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  tlie  return  of  some  of  my  young  men  with  water,  and 
the  informati)n  of  the  arrival  of  the  cattle  at  the  water.  Owing  to  the  mis- 
take of  the  teamsters  in  turning  the  cattle  out  so  soon  the  other  wacfons  had 
driven  miles  past  mine  and  dropped  their  wagons  along  the  road  as  their 
cattle  srave  out,  and  some  few  of  them  reached  water  with  their  wacfons. 
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  hurri- 
cane  commenced  blowing  ;  the  children  soon  complained  of  the  cold.  Hav- 
ing four  dogs  with  us  I  had  them  lie  down  with  the  children  outside  the  cover- 
ing. 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 
jumped  up  and  started  out  barking,  the  others  following  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 
discovei'ed  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  complaining  of  being  tired  or  sleepy  the  balance  of  the  night.  We 
arrived  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  ray  cattle,  it  being  the  second  day  after  they 
had  started  for  the  water.  Leaving  my  family  with  Mrs.  Donner,  I  reached 
the  encampment.  Many  of  the  people  were  out  hunting  cattle ;  sorae  of 
them  had  their  teams  together  and  were  going  back  into  the  desert  for 
their   wagons.      Among    them    Jacob    Donner,  who    kindly    brought  my 


88  HISTORY    OF   SANTA    CLARA    COUNTY,    CALIFORNIA. 

famil}'  along  with  his  own  to  the  encampment.  Wc  remained  here  for  days 
hunting  cattle,  some  of  the  party  finding  all,  others  a  portion,  but  all  having 
enough  to  haul  their  wagons  except  myself. 

"  On  the  next  day,  or  day  following,  while  I  was  out  hunting  my  cattle, 
two  Indians  came  to  the  camp,  and  by  signs  gave  the  company  to  under- 
stand that  there  were  so  many  head  of  cattle  out,  corroborating  the  number 
still  missing;  many  of  the  people  became  tender- footed  at  the  Indians  coming 
into  camp,  and  thinking  they  were  spies,  wanted  to  get  clear  of  them  as  soon 
possible.  My  wife  requested  that  the  Indians  should  be  detained  until  my 
return,  but  unfortunately  before  returning  they  had  left.  The  next  morn- 
ing, in  company  with  young  Mr.  Graves, — he  kindly  volunteering, — I  started 
in  the  direction  the  Indians  had  taken;  after  hunting  this  day  and  the  follow- 
ing, 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  cow.  There  was  no  alternative  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  cache  of  everything  else,  the  members  of  the  com- 
pany kindly  furnishing  a  team  to  haul  the  wagon  to  camp.  I  divided  my 
provisions  with  those  who  were  nearly  out,  and  indeed  some  of  them  were 
in  need.  I  had  now  to  make  arrangement  for  sufficient  team  to  haul  that 
one  wagon  ;  one  of  the  company  kindly  loaned  me  a  yoke  of  cattle,  and 
with  the  ox  and  cow  I  had,  made  two  yoke.  We  remained  at  this  camp 
froiri  first  to  last,  if  my  memory  is  right,  seven  days. 

"  Leaving  this  camp  we  traveled  for  several  days.  It  became  necessary 
from  some  cause  for  the  party  who  loaned  me  the  yoke  of  cattle  to  take 
them.  I  was  again  left  with  my  ox  and  cow,  but  through  the  aid  of 
another  kind  neighbor  I  was  supplied  Avith  a  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 
supply  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  Capt.  Sutter's,  (near  Sacramento)  in 
California,  I  would  write  a  letter  to  him  for  the  whole  amount  of  prov^isions 
that  were  wanted,  also  stating  that  I  M^ould  become  personally  responsible 
to  him  for  the  amount.  I  suggested  that  from  the  generous  character  of 
Capt.  Sutter  he  would  send  them.  Mr.  McCutchen  came  forward  and  pro- 
posed that  if  they  would  take  care  of  his  family  he  would  go.  This  the 
company  agreed  to.     Mr.  Stanton,  a  single  man,  volunteered,  if  they  would 


EARLY    HISTORY    AND    SETTLKMENT.  89 

furnish  him  a  horse  ;  Mr.  McCutchcn,  havini^^  a  horse  and  mule,  generously 
gave  the  mule.  Taking  their  blankets  and  some  provisions  they  started  for 
California.  Aftei-  their  leaving  us  we  traveled  on  for  weeks,  none  of  us 
knowing  the  distance  we  were  from  California.  All  became  anxious  for  the 
return  of  McCutchen  and  Stanton. 

"  It  was  here  suofsfested  tiiat  I  j^o  in  advance  to  California,  see  what  had 
become  of  McCutchen  and  Stanton,  and  hurry  up  the  supplies.  They  would 
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;  with  all  the  economy  I  could  use,  our  pro- 
visions gave  out  in  a  few  days  ;  I  supplied  our  wants  by  shooting  wild 
geese  and  other  game  when  we  could  find  any.  The  next  day  after  I  was 
joined  by  Herren,  I  proposed  to  him — I  having  a  horse  and  he  none — that 
we  would  ride  half  the  day  about ;  it  was  thankfully  accepted  ;  no  game  to 
be  seen  ;  hunger  began  to  be  felt,  and  for  days  we  traveled  without  hope  or 
help.  We  reached  the  Sierra  Nevada  mountains  ;  I  could  have  stopped 
here,  and,  hunting,  found  game.  Then  again  I  might  not  be  successful. 
This  would  have  delayed  our  progress  and  increased  our  hunger.  The 
second  day  before  we  found  relief,  Herren  wanted  to  kill  the  hoi'se;  I  per- 
suaded him  from  it  by  stating  that  we  might  find. relief  soon,  but  before 
we  would  perish,  I  would  kill  the  horse.  Soon  after  this  he  became  deliri- 
ous ;  this  afternoon,  while  walking,  I  found  a  bean,  and  gave  it  to  him,  and 
then  never  was  a  road  examined  more  closely  for  several  miles  than  was 
this.  We  found  in  all  five  beans.  Herren's  share  was  three  of  them.  We 
camped  that  night  in  a  patch  of  grass  a  short  distance  off'  the  road.  Next 
morning,  after  traveling  a  few  miles,  we  saw  some  wagons. 

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


90  HISTOEY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

"  The  wagons  were  within  a  short  distance  of  the  steep  descent  going  down 
into  Bear  River  valley.  After  descending  the  first  steep  pitch,  I  discovered 
waiTons  in  the  vallev  below  us.  "  Herren,"  said  I,  "  there  are  wagons  in 
the  valley,"  pointing  to  ihem.  When  he  saw  them,  he  gave  vent  to  his  joy, 
hallooing  at  the  top  of  his  voice,  but  could  not  be  heard  ten  rods  off,  he 
being  so  weak.  The  sight  of  the  wagons  revived  him  and  he  descended  the 
mountain  with  all  his  ability. 

"  On  reachinsf  the  wagons  we  found  several  families  of  emigrants,  who 
supplied  us  with  bread.  I  here  met  Mr.  Stanton,  with  two  Indians,  on  his 
return  to  the  company  with  provisions  sent  by  Capt.  Sutter,  on  receiving 
my  letter.  Next  morning  Mr.  Stanton  started  for  the  company  and  myself 
for  Capt.  Sutter's. 

"  When  I  arrived,  making  known  my  situation  to  him,  asking  if  he  would 
furnish  me  horses  and  saddles  to  bring  the  women  and  children  out  of  the 
mountains,  [I  expected  to  meet  them  at  the  head  of  Bear  valley  by  the 
time  I  could  return  there],  he  at  once  complied  with  the  request ;  also, 
saying  that  he  would  do  everything  possible  for  me  and  the  company.  On 
the  evening  of  my  arrival  at  the  Captain's,  I  found  Messrs.  Bryant,  Lippen- 
cott,  Grayson,  and  Jacobs,  some  of  the  early  voyagers  in  the  Russel  company, 
they  having  left  that  company  at  Fort  Laramie,  most  of  them  coming  on 
horseback. 

"  During  the  evening  a  meeting  was  held,  in  which  I  participated,  adopting 
a  memorial  to  the  commander  of  Sutter's  Fort,  to  permit  them  to  raise  one 
or  more  companies  of  volunteers,  to  proceed  to  Los  Angeles,  we  being  at  war 
with  Mexico  at  this  time.  The  companies  were  to  be  officered  b}'  the  peti- 
tioners. Being  requested  to  take  command  of  one  of  the  companies,  I 
declined,  stating  that  it  would  be  necessary  for  the  Captain  to  be  with  the 
company;  also,  that  I  had  to  i-eturn  to  the  mountains  for  the  emigrants; 
but  that  I  would  take  a  Lieutenancy.  This  was  agreed  to,  and  I  was,  on 
m}'  return  to  the  emigrants,  to  enlist  all  the  men  I  could  between  there  and 
Bear  valley.     On  my  way  up  I  enlisted  twelve  or  thirteen. 

"  The  second  night  after  m}^  arrival  at  Captain  Sutter's,  we  had  a  light 
rain;  next  morning  we  could  see  snow  on  the  mountains.  The  Captain 
stated  that  it  was  low  down  and  heavy  for  the  first  fall  of  the  season.  The 
next  day  I  started  on  my  return,  with  what  horses  and  saddles  Captain  Sut- 
ter had  to  spare.  He  furnished  us  all  the  flour  needed,  and  a  hindquarter  of 
beef,  giving  me  an  order  for  more  horses  and  saddles  at  Mr.  Cordway's,  near 
where  Marysville  is  located.  In  the  meantime  Mr.  McCutchen  joined  me, 
he  being  prevented  from  returning  with  Mr.  Stanton,  on  account  of  sick- 
ness. After  leaving  Johnson's  ranch  we  had  thirty  horses,  one  mule,  with 
two  Indians  to  help  drive. 

"  Nothing  happened  until   the  evening  before  reaching  the  head  of  Bear 


EARLY    HISTORY    AND   SETTLEMENT.  91 

valley,  when  commenced  a  heavy  rain  and  sleet,  continuing  all  the  night. 
We  drove  on  until  a  late  hour  before  halting.  We  secured  the  Hour  and 
horses,  the  rain  preventing  us  from  kindling  a  fire  ;  next  morning  proceed- 
ing up  the  valley  to  where  we  were  to  take  the  mountain,  we  found  a  tent, 
containing  a  Mr.  Curtis  and  wife.  They  hailed  us  as  angels  sent  for  their 
delivery,  stating  that  they  would  have  perished  had  it  not  been  for  our 
arrival.  Mrs.  Curtis  stated  that  they  had  killed  their  dog,  and  at  the  time  of 
our  arrival  had  the  last  piece  in  the  Dutch  oven  baking.  We  told  them  not 
to  be  alarmed  about  anything  to  eat,  for  we  had  plenty,  both  of  flour  and 
beef;  that  they  were  welcome  to  all  they  needed.  Our  appetites  were 
rather  keen,  not  having  eaten  anything  from  the  morning  of  the  day  previ- 
ous. Mrs.  Curtis  remarked  that  in  the  oven  was  a  piece  of  the  dog,  and 
that  we  could  have  it.  Raising  the  lid  of  the  oven,  we  found  the  dog  well 
baked,  and  of  a  fine  savory  smell.  I  cut  out  a  rib,  smelling  ani  tasting,  found 
it  to  be  ffood,  handed  the  rib  over  to  Mr.  McCatchen,  who,  after  smelling  it 
some  time,  ate  it,  and  pronounced  it  very  good  dog.  We  partook  of  Curtis' 
dog.  Mrs.  Curtis  immediately  commenced  making  bread,  and  in  a  short 
time  had  supper  for  all. 

"  At  the  lower  end  of  the  valley  where  we  entered,  the  snow  was  eighteen 
inches  in  depth,  and  when  we  arrived  at  the  tent,  it  was  two  feet.  Curtis 
stated  that  his  oxen  had  taken  the  back  track  ;  that  he  had  followed  them 
by  the  trail  through  the  snow.  In  the  morning  before  leaving,  Mrs.  Curtis 
got  us  to  promise  to  take  them  into  the  settlement  when  on  our  return  with 
the  women  and  children.  Before  leaving  we  gave  them  flour  and  beef  suffi- 
cient to  keep  them  until  our  return,  expesting  to  do  so  in  a  few  days. 

"  We  started,  following  the  trail  made  by  the  oxen,  and  camped  a  number 
of  miles  up  the  mountain.  In  the  night,  hearing  some  of  the  horses  going 
down  the  trail,  we  went  to  the  spot  where  the  Indians  had  lain  down, 
and  found  they  had  gone.  McCutchen  mounted  his  horse  and  rode  down 
the  mountain  to  Curtis'  camp;  found  that  the  Indians  had  been  there, 
stopped  and  warmed  themselves,  and  then  started  down  the  valley.  He 
returned  to  camp  about  the  middle  of  the  night. 

"  Next  morning  we  started,  still  on  the  trail  of  the  oxen,  but  unfortunately 
the  trail  turned  ofl"  to  the  left  from  our  direction.  We  proceeded  on,  the  snow 
deepening  rapidly,  our  hor.ses  struggling  to  get  through,  we  pushed  them  on 
until  they  would  rear  upon  their  hind  feet  to  breast  the  snow,  and  when 
they  would  alight,  they  would  sink  in  it  until  nothing  was  seen  of  them  but 
the  nose  and  a  portion  of  the  head.  Here  we  found  that  it  was  utterly 
impossible  to  proceed  further  with  the  horses.  Leaving  them,  we  proceeded 
further  on  foot,  thinking  that  we  could  get  in  to  the  people ;  found  that 
impossible,  the  snow  being  soft  and  deep. 

■'  I  may  here  state  that  neither  of  us  knew  anything  about  snow-shoes, 


92  HISTORY    OF   SANTA    CLARA    COUNTY,    CALIFORNIA. 


having  always  lived  in  a  country  where  they  never  were  used.  We  were 
here  compelled  to  return,  and,  with  sorrowful  hearts,  we  arrived  that  night 
at  the  camp  of  Mr.  Curtis,  telling  them  to  make  arrangements  for  leaving 
with  us  in  the  mornin"'.  Securincj  our  flour  in  the  wagon  of  Mr.  Curtis,  so 
that  we  could  get  it  on  our  return,  we  packed  one  horse  with  articles 
belonging  to  Mr.  and  Mrs.  Curtis,  and  started  down  the  valley  to  where  the 
snow  was  light,  and  where  there  was  considerable  underbrush  so  that  our 
famished  animals  could  browse,  they  not  having  eaten  anything  for  several 
days. 

"After  packing  Mr.  Curtis'  horse  for  him  the  next  morning,  we  started; 
in  a  short  time,  Mi-,  and  Mrs.  Curtis  proceeded  ahead,  leaving  the  pack- 
horse  behind  for  us  to  drive,  instead  of  his  leading  him  ;  we  having  oar 
hands  full  in  driving  the  loose  ones  they  scattering  in  all  directions.  The 
pack  turned  on  the  hor.se.  Mr.  Curtis  was  requested  to  return  and  help 
repack,  and  lead  his  hor,se,  but  he  paid  no  attention  to  us.  We  stood  this 
for  some  time  ;  finally  McCutchen  became  angry,  and  started  after  him, 
determined  to  bring  him  back.  When  he  got  with  him  he  paid  no  attention 
to  McCutchen's  request  to  return  ;  Mc.  becoming  more  exasperated,  hit  him 
several  times  over  the  shoulder  with  his  riata.  This  brought  him  to  his 
senses.  He  said  if  Mc.  would  not  kill  him  he  would  come  back  and  take 
care  of  his  pack  animal,  and  he  did. 

"As  soon  as  we  arrived  at  Captain  Sutter's  I  made  a  statement  of  all  the 
circumstances  attending  our  attempt  to  get  into  the  mountains.  He  was  no 
way  surprised  at  our  defeat.  I  also  gave  the  Captain  the  number  of  head 
of  cattle  the  company  had  when  I  left  them.  He  made  an  estimate  and 
stated  that  if  the  emigrants  would  kill  the  cattle,  and  place  the  meat  in  the 
snow  for  pi-e.servation,  there  was  no  fear  of  starvation  until  i-elief  could 
reach  them.  He  further  stated  that  there  were  no  able-bodied  men  in  that 
vicinity,  all  having  gone  down  the  country  with  and  after  Fremont,  to  tight 
the  Mexicans.  He  advised  me  to  proceed  to  Yerba  Buena,  now  San  Fran- 
cisco, and  make  my  case  known  to  the  naval  officer  in  command. 

"  I  left  Captain  Sutter'.s,  by  way  of  San  Jose,  for  San  Francisco,  being  unable 
to  come  by  water.  When  I  airived  at  San  Jose,  I  found  the  San  Francisco 
side  of  the  bay  was  occupied  by  the  Mexicans.-  Here  I  remained  and  was 
attached  to  a  company  of  volunteers,  commanded  by  Captain  Weber,  until 
after  the  fight  at  Santa  Clara. 

"  The  road  now  being  clear  1  proceeded  to  San  Francisco,  with  a  petition 
from  some  of  the  prominent  citizens  of  San  Jose,  asking  the  comrsander  of 
the  navy  to  grant  aid  to  enable  me  to  return  to  the  mountains.  Arriving  at 
San  Francisco,  I  presented  my  petition  to  Commodore  Hull,  also  making  a 
statement  of  the  condition  of  the  people  in  the  mountains  as  far  as  I  knew; 
the  number  of  them,  and  what  would  be  needed  in  provisions  and  help  to 


EARLY    HISTORY    AND    SETTLEMENT.  93 

get  them  out.  He  made  an  estimate  of  the  expense  that  would  attend  the 
expedition,  and  said  that  he  would  do  anything  within  reason  to  further  the 
object,  but  was  afraid  that  tjie  department  at  Wasliington  would  not  sustain 
him,  if  he  made  the  general  outfit.  His  sympathy  was  that  of  a  man  and 
a  gentleman. 

"  I  also  conferred  with  several  of  the  citizens  of  Yerba  Bucna.  Their 
advice  was  not  to  trouble  the  Commodore  further.  That  they  would  call  a 
meetinor  of  the  citizens  and  see  what  could  be  done.  At  the  meetinn;  the 
situation  of  the  people  was  made  known,  and  committees  were  appointed 
to  collect  money.  Over  one  thousand  dollars  was  raised  in  the  town,  and 
the  sailors  of  the  Heet  gave  over  three  hundred  dollars.  At  the  meeting, 
Midshipman  Woodworth  volunteered  to  go  into  the  mountains.  Commo- 
dore Hull  gave  me  authority  to  raise  as  many  men,  with  horses,  as  would 
be  required.       The  citizens  pui'chascd  all  the  supplies  necessary  for  the  outfit 

and  placed  them  on  board  the  schooner ,  for  Hardy's  ranch,  mouth  of 

Feather  river.  Midshipman  Woodworth  took  charge  of  the  schooner,  and 
was  the  financial  agent  of  the  Government. 

"  I  left  in  a  boat  for  Napa  by  way  of  Sonoma,  to  procure  men  and  horses, 
and  when  I  arrived  at  Mi'.  Gordon's,  on  Cache  creek,  I  had  all  the  men  and 
horses  needed.  From  here  I  proceeded  to  the  mouth  of  Feather  river  for  the 
purpose  of  meeting  Mr.  Woodworth  with  the  provisions.  When  we  reached 
the  river  the  boat  had  not  arrived.  The  water  was  very  high  in  the  river, 
the  tule  lands  being  overflowed.  From  here  I  sent  a  man  to  a  point  on  the 
Sacramento  river  opposite  Sutter's  Fort,  to  obtain  information  of  the  boat 
with  our  provisions  ;  he  returned  and  reported  the  arrival  of  the  boat  at  the 
fort. 

"  Before  leaving  Yerba  Buena,  news  came  of  a  party  of  fifteen  persons  hav- 
ing started  from  the  emigrant  encampment  and  only  seven  getting  in  to  John- 
son's. I  was  here  placed  in  a  quandary — no  boat  to  take  us  across  the  river,  and 
no  provisions  for  our  party  to  take  into  the  mountains.  We  camped  a  short 
distance  back  from  the  river,  where  we  killed  a  number  of  elk,  for  the  pur- 
pose of  using  the  skins  in  covering  a  skeleton  boat.  Early  next  morning 
we  started  for  the  river  and  to  our  delight  .saw  a  small  schooner,  belonging 
to  Perry  McCan,  which  had  arrived  during  the  night.  We  immediately 
crossed,  McCutchen  and  mj'self,  to  the  opposite  bank  of  the  river.  I  directed 
the  men  to  cross  and  follow  us  to  Johnson's  ranch.  We  arrived  there  early 
that  day.  Making  known  our  situation,  be  drove  his  cattle  up  to  the  house, 
saying,  "  There  are  the  cattle,  take  as  many  as  you  need."  We  shot  down 
five  head,  stayed  up  all  night,  and,  with  the  help  of  Johason  and  his  Indians, 
by  the  time  the  men  arrived  next  morning,  we  had  the  meat  fire-dried  and 
ready  to  be  placed  in  bags.  Mr.  Johnson  had  a  party  of  Indians  making 
flour  by  hand-mills,  they  making  during  the  night  nearly  two  hundred 
pounds. 


94  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

"  We  packed  up  immediately  and  started.  After  reaching  the  snow,  the 
meat  and  flour  was  divided  in  suitable  packs  for  us  to  carry,  we  leaving  the 
horses  here.  At  Johnson's,  I  learned  that  a  relief  party  had  passed  in  a  few 
days  pi'evious,  being  sent  by  Captain  Sutter  and  Mr.  Sinclair. 

"Leaving  a  man  at  this  camp  with  all  the  extra  provisions  we  could  not 
pack,  with  instructions  to  prepare  a  camp  for  the  parties  coming  out,  we 
passed  on,  and  at  the  head  of  Bear  valley  met  the  band  returning  with 
some  of  the  women  and  children.  Among  them  was  my  wife  and  two  of  my 
children.  We  delayed  no  time,  only  a  few  minutes,  and  pushed  on  until 
the  snow  became  too  soft  for  us  to  travel  on.  Then  stopping  until  it  froze 
sufficient  to  bear  us  ;  we  traveled  all  this  night,  and  about  the  middle  of  the 
next  day  we  arrived  at  the  first  camp  of  emigrants,  being  Mr.  Breen's.  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 
Keysburg  and  some  children  were.  Here  we  left  provisions  and  one  of  our 
party  to  cook  and  attend  them.  From  here  we  visited  tlie  camp  of  Mrs. 
Graves,  some  distance  further  east.  A.  number  of  the  relief  party  remained 
here,  while  Messrs.  Miller,  McCutchen  and  one  of  the  men  and  myself  pro- 
ceeded to  the  camp  of  the  Messrs.  Conner.  This  was  a  number  of  miles 
further  east. 

"  We  found  Mrs.  Jacob  Donner  in  a  very  feeble  condition.  Her  husband 
had  died  eai-ly  in  the  Winter.  We  removed  the  tent  and  placed  it  in  a  more 
comfortable  situation.  I  then  visited  the  tent  of  Geo.  Donner,  close  by,  and 
found  him  and  his  wife.  He  was  helpless.  Their  children  and  two  of 
Jacob's  having  come  out  with  the  party  we  met  at  the  head  of  Bear  valley. 

"I  requested  Mrs.  George  Donner  to  come  out  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  situation  he  was  in.  After  rei)eatedly  urging 
her  to  come  out,  and  she  as  positively  refusing,  I  was  satisfied  in  my  own 
mind  that  Mrs.  George  Donner  remained  with  her  husband  from  pure  love 
and  affection,  and  not  for  money. 

"  When  I  found  that  Mrs.  George  Donner  would  not  leave  her  husband,  M^e 
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  the  next  day.  About  the  middle 
of  the  day  we  started,  taking  with  us  all  who  were  able  to  travel ;  in  a  short 
time  we  reached  Donner  lake.     Traveling  on  ice  a  short  distance  we   made 


EARLY    HISTORY    AND    SETTLEMENT.  95 

camp  on  the  eastern  side.  Here  were  several  springs ;  in  the  water  were 
many  small  fish.  The  next  day  we  traveled  up  to  the  head  of  tiie  lake  on 
the  ice,  making  camp  here  for  the  night.  From  this  camp  I  sent  in  advance 
of  us  two  of  our  men,  Jondrieux  and  Dofar,  good  mountaineers,  for  the  pur- 
pose of  getting  the  provisions  in  our  last  cache  and  returning  "with  them, 
they  to  meet  us  on  the  road  the  next  day. 

"  When  coming  in  we  made  three  caches,  or  deposits  of  beef.  Two  of  them 
were  made  by  taking  a  bag  of  dried  beef  to  the  top  of  a  pine  sapling,  then 
securing  it,  cutting  all  the  limbs  off  the  tree  to  prevent  animals  from  getting 
up  and  destroying-  the  meat. 

"  The  next  morning  we  proceeded  up  the  mountain,  and  in  the  evening 
we  came  to  one  of  the  camping  places  of  the  party  we  had  met  in  Bear 
valley. 

"With  a  little  repair  every  thing  necessary  for  building  a  fire  on  the  snow, 
which  was  twenty  feet,  at  least,  in  depth,  was  here.  We  camped  for  the 
night.  During  all  this  day  the  sky  had  been  overcast,  threatening  a  storm. 
This  night  a  heavy  snow-storm  burst  upon  us,  continuing  all  this  night,  and 
the  following  day  and  night,  and  up  to  the  middle  of  the  next  day.  Our 
provisions  gave  out,  and  one  of  the  children  died.  I  expected  the  two  men^ 
Jondrieux  and  Dofar,  at  the  latest  to  be  back  the  morning  after  we  had  made 
camp  here.  But  the  storm  had  overtaken  them.  They  found  the  cache  had 
been  destroyed  by  animals,  and  had  proceeded  on  to  the  next  one,  finding 
that  partly  destroyed.  There  they  were  snow-bound  and  were  nearh'  per- 
ishing. 

"As  soon  as  the  storm  abated,  we  made  preparations  for  leaving.  All  that 
were  able  started,  with  the  exception  of  Mr.  Breen  and  family.  He  stated 
that  if  he  had  to  die,  he  would  rather  die  in  camp  than  on  the  way.  A 
strange  pi'oceeding  of  Mr.  Breen,  when  he  and  his  family  were  all  strong 
enough  to  travel.  We  remonstrated  with  him,  advising  him  to  come  with 
us;  that  if  we  perished,  let  us  us  all  die  together  in  the  efibrt  to  get  out. 
Finding  that  we  could  not  prevail  upon  him,  I  asked  some  of  the  men  stand- 
ing by  to  witness  that  I  then  told  Mr.  Breen  "that  if  his  family  died,  their 
blood  be  upon  his  head,  and  not  on  ours." 

"We  had  not  proceeded  far  before  the  weather  became  intensely  cold,  and 
when  we  stopped  for  the  night  man}'  of  the  party  had  their  feet  frozen. 
The  next  day  our  travel  was  slow,  many  in  pain.  When  night  came  on 
those  in  advance  camped,  the  next  coming  straggling  in  making  consider- 
able noise.  This  gave  the  camp  of  Mr.  Woodworth  the  first  intimation  of 
our  proximity  to  them.  He  sent  some  of  his  party  to  us,  requesting  that  we 
would  come  down  to  his  encampment;  but  the  most  of  us  having  laid  down 
for  the  night,  declined  going,  but  would  be  glad  if  he  would  send  us  some- 
thing to  eat,  which  he  did,  and  some  of  the  party  who  had  not  camped  went 


96  HISTOEY    OF   SANTA    CLARA    COUNTY,    CALIFORNIA. 

down.  Next  morning  Mr.  Woodworth  proceeded  on  with  all  haste,  and  my 
impression  is  that  two  or  three  of  our  party  went  back  with  them. 

"We  proceeded  slowly,  and  the  second  night,  we  reached  the  encampment 
at  Bear  valley,  in  company  with  Mr.  Woodworth,  he  returning  to  Sutter's 
Fort.  From  here  a  majority  of  the  party  rode  to  Sutter's,  I  stopping  at 
Mr.  Sinclair's." 

Of  the  residents  who  arrived  in  1847,  we  have  the  names  of  Dr.  Ben- 
Cor}^  S.  O.  Houghton,  James  McCormick,  A.  Pfister. 

No  single  event  has,  probably,  created  so  much  exciting  interest  in  this 
valley  as  did  the  killing  of  young  Pyle  by  Valencia,  in  IS-iT,  and  the  discov- 
ery and  execution  of  the  murderer  in  1849.  From  a  great  many  different 
stories  in  regard  to  the  occurrence  we  glean  the  following  facts: — 

In  1847,  a  young  son  of  Edward  Pyle  visited  the  ranch  of  Anistasio 
Chabolla  south  of  San  Jose,  for  the  purpose  of  playing  with  the  young 
Spanish  boys  on  the  ranch.  Duinng  the  play,  one  of  the  boys,  named  Val- 
encia, and  a  nephew  of  Chabolla,  accidentally  injured  the  horse  of  young 
Pyle.  The  horse  was  so  nearly  di.sabled  by  the  accident  that  another  one 
was  procured  to  carry  Pyle  home.  After  the  latter  had  left  the  ranch,  Val- 
encia's companions  began  to  plague  him  about  his  awkwardness,  and  saying 
that  when  Pyle  reached  home  he  would  tell  how  his  horse  had  been  hurt 
and  his  folks  would  make  Valencia's  mother  pay  for  it. 

Valencia  appears  to  have  been  a  very  sensitive  boy,  and  the  jeers  of  his 
companions  worked  him  up  to  such  an  extent  that  he  jumped  on  a  horse 
and  followed  Pyle  with  the  determination  to  not  allow  him  to  tell  anything 
about  the  accident. 

He  soon  overtook  Pjde,  and,  throwing  his  riata,  dragged  him  from  his 
horse  and  for  several  hundred  feet  along  the  road.  He  then  cut  his  throat 
with  his  knife,  and  dragged  the  body  into  the  foot-hills  and  covered  it  with 
rubbish. 

When  Pyle  did  not  return  home,  his  friends  instituted  search  for  him, 
making  inquiries  in  all  directions,  but  in  vain.  No  clue  was  obtained  to 
his  whereabouts,  although  murder  was  suspected,  until  1849,  and  the  man- 
ner in  which  the  murder  was  finally  discovered  is  yet  a  subject  of  dispute. 
Fred.  Hall,  in  his  history  says  that  in  the  3'ear  1849,  a  brother  of  the 
deceased  Pyle  was  in  the  San  Joaquin  valley,  where  he  met  a  man  whom  he 
believed  knew  that  his  brother  had  been  murdered,  and  by  whom.  Pyle 
embraced  an  opportunity  when  alone  with  this  man,  and,  pointing  his  gun 
at  his  breast  said:  "If  you  do  not  tell  me  all  about  the  murder  of  my 
brother,  I  will  kill  you  right  here."  The  man  finally  confessed  that  he 
knew  all  about  the  death  of  young  Pyle  and  related  the  facts  substantiall}^ 
as  stated  above.  Pyle  brought  the  man  to  this  valley,  and  through  his  aid 
found  the  remains  of  his  brother,  and  caused  the  arrest  of  Valencia. 


^Wv  )f 


^"-■BE'V  F0U,^ 


EARLY    HISTORY   AND   SETTLEMENT.  97 

Another  story,  and  one  which  we  are  inclined  to  credit,  conies  from  Julius 
Martin,  of  Gilroy.  In  1849,  Martin  had  a  lot  of  cattle  at  or  in  the  immediate 
vicinity  of  Mormon  Island.  One  of  his  Spanish  vaqueros,  named  Camillo 
Ramero,  was  taken  sick  with  a  fuver,  and  Martin  brought  him  to  his  home  in 
this  valley.  One  night,  after  dark,  as  they  were  riding  along  a  little  this  side 
of  Bernal's,  Ramero  was  taken  with  a  chill,  and  thought  he  was  going  to  die. 
While  in  this  condition,  he  told  Martin  all  about  the  murder  of  young  Pyle,who 
did  it,  how  it  was  done,  and  where  the  body  had  been  deposited.  Among  other 
things  he  told  him  that  after  Valencia  had  dragged  Pyle  he  left  him,  but,  meet- 
ing his  uncle,  Anistasio  Chabolla,  his  uncle  told  him  that  he  must  go  back 
and  kill  Pyle  and  bury  him ;  that  if  he  allowed  him  to  live  he  would  tell  his 
friends,  and  the  Americans  would  hang  him  (Valencia).  He  worked  on  the 
boy's  fears  in  this  manner  until  Valencia  went  back,  found  Pyle,  cut  his 
throat,  and  buried  him  in  the  foot-hills  beyond  Silver  creek.  Mr.  Martin, 
on  hearing  Ramero's  story,  immediately  came  to  town,  and  meeting  Cad 
Keyes  told  him  what  he  had  heard.  Keyes  happened  to  find  John  Pyle  in 
town,  and  they  made  up  a  jwsse  and  arrested  Valencia. 

A  party  consisting  of  Peter  Davidson,  John  Pyle,  Wm.  McCutchen,  and 
other  persons  whose  names  we  are  not  able  to  recall,  went  out  to  find  young 
Pyle's  remains.  They  were  discovered  in  the  place  indicated  by  Ramero. 
They  also  discovered  that  Valencia  had  been  living  a  life  of  torment  ever 
since  he  had  committed  the  deed.  From  the  place  where  he  lived  to  the 
spot  where  he  had  buried  his  victim  a  path  had  been  worn  by  his  fre- 
quent visits  to  the  grave.  It  is  said  that  scarcely  a  night  passed  that  he 
did  not  go  out  in  the  hills  and  remain  several  hours  at  this  spot. 

After  his  arrest,  Valencia  was  arraigned  before  R.  H.  Dimmick,  Judge  of 
First  Instance,  and  made  a  confession  in  which  he  acknowledged  the  killing  of 
Pyle,  saying  that  Chabolla  induced  him  to  do  it.  He  was  tried  by  a  jury 
and  convicted  on  his  confession  and  other  corroborating  circumstances. 

He  seemed  relieved  that  his  crime  had  been  detected,  and  made  no  effort 
at  defense.  His  conscience  had  evidently  been  a  continual  torture  to  him  ever 
since  the  deed  was  committed  and  he  was  glad  to  make  atonement.  At  one 
time  an  opportunity  was  presented  for  his  escape.  It  was  after  the  trial,  the 
prisoner  was  in  the  Court  House  loosely  guarded,  when  a  Mexican  rode  up, 
dismounted,  and  remarked  that  he  had  a  fast  horse,  if  anybody  wanted  it. 
Valencia,  however,  would  not  avail  himself  of  the  ofter.  While  lying  in  jail 
awaiting  his  execution,  he  told  an  American  that  he  did  not  wish  to  live; 
that  whenever  he  closed  his  eyes,  he  could  see  Pyle  on  his  hands  and  knees, 
with  his  tongue  out,  staring  at  him  and  that  the  continual  presence  of  this 
apparition  had  made  life  a  torment. 

He  was  executed  on  Market  plaza,  San  Jose,   in  the  presence  of  Judge 
Dimmick,  then  Alcalde,  and  a  large  number  of  spectators.     This  was  the  sec- 
ond execution  of  the  death  penalty  in  this  county. 
7 


98  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

In  1848,  there  came  M.  Barbat,  A.  A.  Case,  Doctor  W.  H.  Warburton,and 
others ;  but  this  was  not  a  year  when  permanent  settlements  were  made  in 
agricultural  districts. 

Who  does  not  think  of  '48  with  feelings  almost  akin  to  inspiration  ? 

The  year  1848  is  one  wherein  was  reached  the  nearest  attainment  of  the 
discovery  of  the  Philosopher's  stone,  which  it  has  been  the  lot  of  Christendom 
to  witness.  On  January  19th,  gold  was  discovered  at  Coloma,  on  the  American 
river,  and  the  most  unbelieving  and  cold-blooded  were,  by  the  middle  of 
Spring,  irretrievably  bound  in  its  fascinating  meshes.  The  wonder  is,  that 
the  discovery  was  not  made  earlier.  Emigrants,  settlers,  hunters,  practical 
miners,  scientific  exploring  parties  had  camped  on,  settled  in,  hunted 
through,  dug  in,  and  ransacked  the  region,  yet  never  found  it ;  the  discovery 
was  entirely  accidental.  Franklin  Tuthill,  in  his  History  of  California,  tells 
the  story  in  these  words:  "  Captain  Sutter  had  contracted  with  James  W. 
Marshall,  in  September,  1847,  for  the  construction  of  a  saw-mill  in  Coloma. 
In  the  course  of  the  Winter  a  dam  and  race  were  made,  but,  when  the  water 
was  let  on,  the  tail-race  was  too  narrow.  To  widen  and  deepen  it,  Marshall 
let  in  a  strong  current  of  water  directly  to  the  race,  which  bore  a  large  body 
of  mud  and  gravel  to  the  foot. 

"  On  the  19th  of  January,  1848,  Marshall  observed  some  glittering  particles 
in  the  race,  which  he  was  curious  enough  to  examine.  He  called  five  car- 
penters on  the  mill  to  see  them ;  but  though  they  talked  over  the  possibility 
of  its  being  gold,  the  vision  did  not  inflame  them.  Peter  L.  Weimar  claims 
that  he  was  with  Marshall  when  the  first  piece  of  '  yellow  stufi"  was  picked 
up.  It  was  a  pebble  weighing  six  pennyweights  and  eleven  grains.  Mar- 
shall gave  it  to  Mrs.  Wiemar,  and  asked  her  to  boil  it  in  saleratus  water  and 
see  what  came  of  it.  As  she  was  making  soap  at  the  time,  she  pitched  it  into 
the  soap  kettle.  About  twenty-four  hours  afterward  it  was  fished  out  and 
found  all  the  brighter  for  its  boiling. 

"Marshall,  two  or  three  weeks  later,  took  the  specimens  below,  and  gave 
them  to  Sutter  to  have  them  tested.  Before  Sutter  had  quite  satisfied  him- 
self as  to  their  nature,  he  went  up  to  the  mill,  and,  with  Marshall,  made  a 
treaty  with  the  Indians,  buying  of  them  their  titles  to  the  region  round  about, 
for  a  certain  amount  of  goods.  There  was  an  efibrt  made  to  keep  the  secret 
inside  the  little  circle  that  knew  it,  but  it  soon  leaked  out.  They  had  many 
misgivings  and  much  discussion  whether  they  were  not  making  themselves 
ridiculous ;  yet  by  common  consent  all  began  to  hunt,  thou  gh  with  no  great 
spirit,  for  the  '  yellow  stuff'  that  might  prove  such  a  prize. 

"  In  February,  one  of  the  party  went  to  Yerba  Buena,  taking  some  of  the 
dust  with  him.  Fortunately  he  stumbled  upon  Isaac  Humphrey,  an  old 
Georgian  gold-miner,  who,  at  the  first  look  at  the  specimens,  said  they  were 
gold,  and  that  the  diggings  must  be  rich.     Humphrey  tried  to  induce  some 


EARLY   HISTORY   AND   SETTLEMENT.  99 

of  his  friends  to  go  up  with  liiin  to  the  mill,  but  they  thought  it  a  crazy 
expedition,  and  left  him  to  go  alone.  He  reached  there  on  the  seventh  of  March. 
A  few  were  hunting  for  gold,  but  rather  lazily,  and  the  work  on  the  mill 
went  on  as  usual.  Next  day  he  began  'prospecting,'  and  soon  satisfied  him- 
self that  he  had  struck  a  rich  placer.  He  made  a  rocker,  and  then  com- 
menced work  in  earnest. 

"  A  few  days  later,  a  Frenchman,  Baptiste,  formerly  a  miner  in  Mexico,  left 
the  limiber  he  was  sawing  for  Sutter  at  Weber's,  ten  miles  east  of  Coloma, 
and  came  to  the  mill.  He  agreed  with  Humphrey  that  the  region  was  rich, 
and,  like  him,  took  to  the  pan  and  the  rocker.  These  two  men  were  the  com- 
petent practical  teachers  of  the  crowd  that  flocked  in  to  see  how  they  did  it. 
The  lesson  was  easy,  the  process  simple.  An  hour's  observation  fitted  the 
least  experienced  for  working  to  advantage." 

Slowly  and  surely,  however,  did  these  discoveries  creep  into  the  minds  of 
those  at  home  and  abroad;  the  whole  civilized  world  was  set  agog  with  the 
startling  news  from  the  shores  of  the  Pacific.  Young  and  old  were  seized 
with  the  California  fever  ;  high  and  low,  rich  and  poor  were  infected  by  it; 
the  prospect  was  altogether  too  gorgeous  to  contemplate.  Why,  they  could 
actually  pick  up  a  fortune  for  the  seeking  it !  Positive  affluence  was  within 
the  grasp  of  the  weakest;  the  very  coast  was  shining  with  the  bright  metal, 
which  could  be  obtained  by  picking  it  out  with  a  knife. 

Says  Tuthill:  "Before  such  considerations  as  these,  the  conservatism  of 
the  most  stable  bent.  Men  of  small  means,  whose  tastes  inclined  them  to 
keep  out  of  all  hazardous  schemes  and  uncertain  enterprises,  thought  they 
saw  duty  beckoning  them  around  the  Horn,  or  across  the  Plains.  In 
many  a  family  circle,  where  nothing  but  the  strictest  economy  could  make 
the  two  ends  of  the  year  meet,  there  were  long  and  anxious  consultations, 
which  resulted  in  selling  off  a  piece  of  the  homestead  or  the  woodland, 
or  the  choicest  of  the  stock,  to  fit  out  one  sturdy  representative  to  make 
a  fortune  for  the  family.  Hundreds  of  farms  were  mortgaged  to  buy 
tickets  for  the  land  of  gold.  Some  insured  their  lives  and  pledged  their 
policies  for  an  outfit.  The  wild  boy  was  packed  off  hopefully.  The 
black  sheep  of  the  flock  was  dismissed  with  a  blessing,  and  the  forlorn 
hope  that,  with  a  change  of  skies,  there  might  be  a  change  of  manners. 
The  stay  of  the  happy  household  said,  '  Good-bye,  but  only  for  a  year  or 
two,'  to  his  charge.  Unhappy  husbands  availed  themselves  cheerfully 
of  this  cheap  and  reputable  method  of  divorce,  trusting  Time  to  mend  or 
mar  matters  in  their  absence.  Here  was  a  chance  to  begin  life  anew. 
Whoever  had  begun  it  badly,  or  made  slow  headway  on  the  right  course, 
might  start  again  in  a  region  where  Fortune  had  not  learned  to  coquette 
with  and  dupe  her  wooers. 

"  The  adventurers  generally  formed  companies,  expecting  to  go  overland  or 

37 11)50 


100  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

by  sea  to  the  mines,  and  to  dissolve  partnership  only  after  a  first  trial  of  luck, 
toc^ether  in  the  '  dioforincjs.'  In  the  Eastern  and  Middle  States  they  would 
buy  up  an  old  whaling  ship,  just  ready  to  be  condemned  to  the  wreckers, 
put  in  a  cargo  of  such  stuff  as  they  must  need  themselves,  and  provisions, 
tools,  or  goods,  that  must  be  sure  to  bring  returns  enough  to  make  the  ven- 
ture profitable.  Of  course,  the  whole  fleet  rushing  together  through  the 
Golden  Gate,  made  most  of  these  ventures  profitless,  even  when  the  guess 
was  happy  as  to  the  kind  of  supplies  needed  by  the  Californians.  It  can  hardly 
be  believed  what  sieves  of  ships  started,  and  how  many  of  them  actually  made 
the  voyage^  Little  river-steamers,  that  had  scarcely  tasted  salt  water  before, 
were  fitted  out  to  thread  the  Straits  of  Magellan,  and  these  were  welcomed  to 
the  bays  and  rivers  of  California,  whose  waters  some  of  them  ploughed  and 
vexed  busil}^  for  years  afterwards. 

"  Then  steamers,  as  well  as  all  manner  of  sailing  vessels,  began  to  be  adver- 
tised to  run  to  the  Isthmus;  and  they  generally  went  crowded  to  excess  with 
passengers,  some  of  whom  were  fortunate  enough,  after  the  toilsome  ascent 
of  the  Chagres  river,  and  the  descent  either  on  mules  or  on  foot  to  Panama, 
not  to  be  detained  more  than  a  month  waiting  for  the  craft  that  had  rounded 
the  Horn,  and  by  which  they  were  ticketed  to  proceed  to  San  Francisco. 
But  hundreds  broke  down  under  the  horrors  of  the  voyage  in  the  steerage; 
contracted  on  the  Isthmus  the  low  typhoid  fevers  incident  to  tropical  marshy 
regions,  and  died. 

"  The  overland  emigrants,  unless  they  came  too  late  in  the  season  to  the 
Sierras,  seldom  suflered  as  much,  as  they  had  no  great  variation  of  climate 
on  their  route.  They  had  this  advantage  too,  that  the  mines  lay  at  the  end 
of  their  long  road;  while  the  sea-faring,  when  they  landed,  had  still  a  weary 
journe}^  before  them.  Few  tarried  longer  at  San  Francisco  than  was  neces- 
sary to  leani  how  utterly  useless  were  the  curious  patent  mining  contrivances 
they  had  brought,  and  to  replace  them  with  the  pick  and  shovel,  pan  and 
cradle.  If  any  one  found  himself  destitute  of  funds  to  go  farther,  there  was 
work  enough  to  raise  them  by.  Labor  was  honorable;  and  the  daintiest 
dandy,  if  he  were  honest,  could  not  resist  the  temptation  to  work  where 
wages  were  so  high,  pay  so  prompt,  and  employers  so  flush. 

"There  were  not  lacking  in  San  Francisco,  grumblers  who  had  tried  the 

mines  and  satisfied  themselves  that  it  cost  a  dollar's  worth  of  sweat  and  time 

> 

and  living  exclusively  on  bacon,  beans,  and  '  slap-jacks,' to  pick  a  dollar's 
worth  of  gold  out  of  rock,  or  river  bed,  or  dry  ground;  but  they  confessed 
that  the  good  luck  which  they  never  enjoyed,  abode  with  others.  Then  the 
display  of  dust,  slugs,  and  bars  of  gold  in  the  public  gambling  places ;  the 
sight  of  men  arriving  every  day  freighted  with  belts  full,  which  they  parted 
with  so  freely,  as  men  only  can  when  they  have  got  it  easily ;  the  testimony 
of  the  miniature  rocks;  the  solid  nuggets  brought  down  from  above  every 


EARLY    HISTORY   AND   SETTLEMENT.  101 

few  days,  whose  size  and  valuf  niinor  nmltiplk-d  aeoord'uig  to  the  nuinlier  of 
her  tongues.  The  talk,  day  and  night,  unceasingly  and  exclusively  of 
'gold,  easy  to  get  and  hard  to  hold,'  inflamed  all  new-comers  with  the  desire 
to  hurry  on  and  share  the  chances.  They  chafed  at  the  necessary  deten- 
tions. They  nervously  feared  that  all  would  be  gone  before  they  .should 
arrive. 

"  The  prevalent  impression  was  that  the  placers  would  give  out  in  a  year  or 
two.  Then  it  behooved  him  who  expected  to  gain  much,  to  be  among  the 
earliest  on  the  ground.  When  experiment  was  so  fresh  in  the  field,  one 
theory  was  about  as  good  as  another.  An  hypothesis  that  lured  men  perpet- 
ually further  up  the  gorges  of  the  foot-hills,  and  to  explore  the  canons  of  the 
mountains,  was  this:  that  the  gold  which  had  been  found  in  the  beds  of 
rivers,  or  in  gulches  through  which  streams  once  ran,  must  have  been  washed 
down  from  the  places  of  original  deposit  further  up  the  mountains.  The 
higher  up  the  gold-hunter  went,  then,  the  nearer  he  approached  the  source 
of  supply. 

"  To  reach  the  mines  from  San  Francisco,  the  course  lay  up  San  Pablo  and 
Suisun  bays,  and  the  Sacramento — not  then,  as  now,  a  yellow,  muddy 
stream,  but  a  river  pellucid  and  deep — to  the  landing  for  Sutter's  Fort;  and 
they  who  made- the  vo3'age  in  sailing  vessels,  thought  Mount  Diablo  signifi- 
cantly named,  so  long  it  kept  them  company  and  swung  its  shadow  over 
their  path.  From  Sutter's  the  most  common  route  was  across  the  l»road; 
fertile  valley  to  the  foot-hills,  and  up  the  American  or  some  one  of  its  tribu- 
taries; on,  ascending  the  Sacramento  to  the  Feather  and  the  Yuba,  the  com- 
pany staked  off  a  claim,  pitched  its  tent  or  constructed  a  cabin,  and  set  up 
its  rocker,  or  began  to  oust  the  river  from  a  portion  of  its  bed.  Good  luck 
might  hold  the  impatient  adventurers  for  a  whole  season  on  one  bar;  bad 
luck  scattered  them  always  further  up.  *  *  *  * 

"  Roads  sought  the  mining  camps,  which  did  not  stop  to  study  roads 
Traders  came  in  to  supply  the  camps,  and  not  very  fast,  but  still  to  some 
extent;  mechanics  and  farmers  to  supply  both  traders  and  miners.  So,  as  if 
by  magic,  within  a  j^ear  or  two  after  the  rush  began,  the  map  of  the  country 
was  written  thick  with  the  names  of  settlements. 

"  Some  of  these  were  the  nuclei  of  towns  that  now  flourish  and  promise  to 
continue  as  long  as  the  State  is  peopled.  Others,  in  districts  where  the 
placers  were  soon  exhausted,  were  deserted  almost  as  hastily  as  they  were 
begun,  and  now  no  traces  remain  of  them  except  the  short  chimney-stack, 
the  broken  surface  of  the  ground,  heaps  of  cobble-stones,  rotting,  half-buried 
sluice-box.s,  empty  whisky  bottles,  scattered  playing  cards  and  rusty  cans. 

"  The '  Fall  of  '49  and  Spring  of  '50 '  is  the  era  of  California  history  which 
the  pioneer  always  speaks  of  with  warmth.  It  was  the  free  and  easy  age 
when  everybody  was  flush,  and  fortune,  if  not  in  the  palm,  was  only  just 


102  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

beyond  the  grasp  of  all.  Men  lived  chiefly  in  tents,  or  in  cabins  scarcely 
more  durable,  and  behaved  themselves  like  a  generation  of  bachelors.  The 
family  was  beyond. the  mountains;  the  restraints  of  society  had  not  yet 
arrived.  Men  threw  off  the  masks  they  had  lived  behind,  and  appeared  out 
in  their  true  character.  A  few  did  not  discharge  the  consciences  and  con- 
victions they  had  brought  with  them.  More  rollicked  in  a  perfect  freedom 
from  those  bonds  which  good  men  cheerfully  assume  in  settled  society  for 
the  good  of  the  greater  number.  Some  afterwards  resumed  their  temperate 
and  steady  habits,  but  hosts  were  wrecked  before  the  period  of  their  license 
expired. 

"  Very  rarely  did  men,  on  their  arriv^al  in  the  country,  begin  to  work  at 
their  old  trade  or  profession.  To  the  mines  first.  If  fortune  favored,  they 
soon  quit  for  more  congenial  employments.  If  she  frowned,  they  might 
depart  disgusted,  if  they  were  able;  but  oftener,  from  sheer  inability  to  leave 
the  business,  they  kept  on,  drifting  from  bar  to  bar,  living  fast,  reckless, 
improvident,  half-civilized  lives;  comparatively  rich  to-day,  poor  to-morrow; 
tormented  with  rheumatisms  and  agues,  remembering  dimly  the  joys  of  the 
old  homestead ;  nearly  weaned  from  the  friends  at  home,  who,  because  they 
were  never  heard  from,  soon  became  like  dead  men  in  their  memory;  seeing 
little  of  women  and  nothing  of  churches;  self-reliant,  yet  satisfied  that  there 
was  nowhere  any  '  shov; '  for  them ;  full  of  enterprise  in  the  direct  line  of 
their  business,  and  utterly  lost  in  the  threshold  of  any  other;  genial  compan- 
ions, morbidly  craving  after  newspapers;  good  fellows,  but  short-lived." 

Such  was  the  maelstrom  which  dragged  all  into  its  vortex  thirty  years 
ago!  Now,  almost  the  entire  generation  of  pioneer  miners,  who  remained 
in  that  business  has  passed  away,  and  the  survivors  feel  like  men  who  ai-e 
lost  and  old  before  their  time,  among  the  new  comers,  who  may  be  just  as 
old,  but  lack  their  long,  strange  chapter  of  adventures. 

In  the  Spring  of  1848  the  treaty  of  peace  was  signed  by  which  California 
was  annexed  to  the  United  States,  and  on  the  first  day  of  September,  1849, 
the  first  Constitutional  Convention  was  commenced  at  Monterey.  The  first 
Legislature  met  at  San  Jose,  December  18,  1849,  as  we  have  elsewhere 
shown,  while  settlers  commenced  to  arrive  in  that  year  in  such  nun^bers, 
and  have  since  so  steadily  increased  that  it  has  been  an  utter  impossibility 
to  follow  them. 

As  the  histories  of  the  different  townships  will  exemplify  the  rapidity  with 
whicl)  they  have  been  settled  so  must  it  remain  for  the  reader  to  cull  to  his 
own  tastes. 

With  the  establishment  of  American  rule  courts  of  justice  were  inaug- 
urated and  the  machinery  of  government  set  in  motion;  with  the  offices 
came  the  proper  otticials,  since  when  Santa  Clara  county  has  flourished  in  a 
wonderful  degree. 


EARLY    HISTORY    AND   SETTLEMENT.  103 

As  the  histoiy  of  San  Jose  necessarily  contains  most  of  actual  county  his- 
tory which  could  not  be  segregated  thereform,  we  refer  the  reader  to  that 
portion  of  our  work,  while  we  conclude  this  chapter  with  the  relation  of  the 
two  following  anecdotes  told  of  prominent  members  of  the  community: — 

The  following  tale,    among  many    others,    is  tol<l    of    Judge  ,   who 

unhappily  was  given  to  too  frequent  resort  to  the  festive  goblet.  He  was 
ol<l  and  lame,  and  aside  from  his  intemperate  habits,  was  generally  regarded 
as  wholly  incompetent  for  the  position.  It  is  related  that  the  Bar  became 
so  thoroughly  dissatisfied  with  this  dispenser  of  justice,  that  on  a  certain 
occasion  they  sent  him  a  request  to  resign,  signed  by  every  member  in 
the  county.  As  the  Court  was  then  in  session,  on  the  morning  following  the 
presentation  of  this  request,  every  lawyer  was  present  at  the  opening  of  the 
Court  anxious  to  see  what  effect  the  petition  would  have  upon  the  Judge. 
As  the  time  arrived,  the  Judge  entered  the  court-room,  and  perfectly  sober. 
His  countenance  wore  a  sad  and  contrite  expression.  As  he  walked,  with 
halting  steps,  down  the  aisle,  he  awakened  a  feeling  of  pity  in  the  breasts  of 
several  who  had  signed  the  petition,  and  they  sincerely  regretted  the  steps 
they  had  taken.  The  Court  opened  with  a  "  Hear  ye,"  etc.,  and  the  vener- 
able form  of  the  Judge  rose  from  the  Bench.  After  looking  timidly  around, 
he  commenced  in  a  falterinof  voice  to  address  the  Bar.  "  Gentlemen  of  the 
Bar,"  said  he,  "  last  night  I  i-eceived  a  petition  from  you,  couched  in  I'espect- 
ful  language,  setting  forth  certain  reasons  why  I  should  tender  my  resigna- 
tion as  Judge  of  this  Court.  Conscious  of  my  many  infirmities,  and  realizing 
the  necessity  of  a  pure  judiciary,  throughout  the  silent  hours  of  the  past 
night  I  have  had  your  petition  under  painful,  and  I  may  add  prayerful,  con- 
sideration." Here  the  eyes  of  some  of  the  more  sympathetic  of  his  listeners 
were  moistened  with  tears.  The  Judge  continued:  "  I  feel,  gentlemen,  that 
you  have  acted  from  a  high  sense  of  duty  in  this  matter ;  and  in  responding 
to  your  petition,  requesting  ray  resignation,  I  will  simply  say  that " — 
straightening  himself  up  and  changing  entirely  his  manner  and  his  tone  of 

voice — "  I  will  see  you  all  in first,  and  then  I  wouldn't.     Mr.  Clerk,  call 

the  next  case."     The  effect  was  somewhat  startlinof. 

The  other  tale  is  of  Judge ,  who  relates  many  anecdotes  against  himself, 

but  the  one  about  covering  the  old  woman's  house  in  1847  he  seldom  touches 
upon.  Now  in  tho.se  days  there  were  not  more  than  five  or  six  houses  in 
San  Jose'  that  were  covered  with  shincjles  or  shakes.  The  Judije  one  fine 
morning  made  his  appearance  in  San  Jose'  with  his  box  of  tools  on  his 
shoulder,  looking  for  a  job  of  work,  and  he  soon  heard  of  an  old  lady  who 
had  a  house  to  be  roofed.  The  Judge  went  to  see  her,  and  they  soon  made 
a  bargain.  The  Judge  went  to  work  immediately,  as  the  old  lady  had  ail 
the  materials  on  hand.  In  due  time  the  Judge  finished  the  job,  got  paid  and 
went  on  his  way  rejoicing,  leaving  the  old  lady  in  great  glee  to  think  that 


104  HISTOEY    OF    SANTA    CLARA    COUNTY,    CALIFOENIA. 

she  was  living  in  a  house  covered  with  shingles.  Now  this  old  lady  was  a 
Californian  woman,  and  had  nob  seen  many  houses  covered  with  shingles  or 
shakes,  and  consequently  did  not  know  how  they  were  to  be  put  on,  but 
thought  that  los  Americanos  did.  The  "  roofer,"  however,  had  laid  the  shin- 
gles so  that  the  thick  ends  pointed  towards  the  highest  part  of  the  roof 
Consequently  the  largest  portion  of  the  water  that  dropped  on  the  house  fell 
inside,  and  the  old  lady  was  thei-efore  no  better  off  than  she  would  be  if  she 
had  no  roof  at  all.  There  happened  to  be  living  in  this  county  then  one 
William  Gulnac.  When  Gulnac  went  to  town  from^his  place  he  had  to  pass 
the  old  lady's  house,  and  if  there  should  happen  to  be  any  one  with  him  they 
would  stop  in  front  of  the  house  and  have  a  laugh.  This  hilarity  at  the 
expense  of  her  house  went  on  until  the  old  lady  took  notice  of  it,  and  directed 
her  children  to  toll  her  the  next  time  Mr.  Gulnac  stopped  in  front  of  the 
house  and  laughed,  sts  she  had  a  curiosity  to  know  how  her  mansion — a 
newly  roofed  one  at  that — could  thus  excite  his  risibilities.  No  more  than  a 
day  or  so  had  elapsed  before  the  children  came  running  into  the  kitchen  and 
told  her  that  Mr.  G.  and  another  man  were  in  the  street  laughing,  when  she 
sent  for  him  to  come  in.  When  he  had  come  in  she  asked:  "  Why  do  you 
laugh  every  time  you  pass  my  house  ?  Is  it  because  I  have  taken  off  the  old 
grass  roof  and  got  a  house  like  the  Americanos  that  you  are  making  fun  of 
it  ?  "  "  No,"  said  G.,  "  did  you  ever  hear  of  me  making  fun  of  any  one,  my 
dear  madam  ?  Who  did  you  get  to  put  this  roof  on  for  you  ? "  "  Oh,"  said 
the  lady,  "  he  was  a  long,  lank  Americano  that  said  his  name  was  Precam." 
"Why,"  said  Mr.  G.,  "you  are  no  better  off  when  it  rains  than  if  you  lived 
in  the  street,  for  all  the  water  that  comes  in  contact  with  the  roof  will  enter 
the  house."  To  prove  this  he  put  a  boy  on  the  roof  and  passed  up  a  bucket 
of  water  and  told  him  to  spill  it  on  the  house.  Lo  and  behold !  all  of  it  came 
down  on  the  floor. 

That  may  l^e  the  reason  why  the  Judge  left  the  carpenter  business  and 
became  a  lawyer;  for  as  a  roofer,  in  this  one  instance,  at  least,  he  did  not 
succeed  in  covering  himself  with  glory. 


THE   MEXICAN    WAR.  105 


THE  MEXICAN  WAR. 


When  the  present  century  had  but  come  of  acje,  Mexico  ceased  to  be  a 
portion  of  tlie  Spanish  reahn,  and  plunged,  by  itself,  into  the  undiscovered 
mysteries  of  Statecraft.  Iturbide,  under  the  title  of  August  I.,  was  elected 
Constitutional  Emperor,  ^Eay  19,  1822,  and  after  reigning  for  a  brief  period 
was  forced  to  abdicate;  he  however  retui'ned  to  the  government  of  his  Empire 
and  lost  both  his  head  and  his  crown. 

About  this  time  California  would  appear  to  have  found  exti'eme  favor  in 
the  jealous  eyes  of  three  great  powers,  namely:  France,  the  United  States, 
and  Great  Britain.  In  the  year  1818,  Governor  Sola  received  a  communi- 
cation from  Friar  Marquinez,  of  Guadalaxara,  in  Old  Spain,  wherein  he 
informs  His  Excellency  of  the  rumors  of  Avar  between  the  United  States  and 
Spain,  while,  in  February  of  the  following  year,  Father  Jos^  Sanchez,  writes 
to  the  same  official  that  there  is  a  report  abroad  of  the  fitting  out  of  an 
American  expedition  in  New  Mexico.  Both  of  these  epistles  remark  that 
California  is  the  coveted  prize.  Great  Britain  wanted  it,  it  is  said,  for  several 
reasons,  the  chief  of  which  was,  that  in  the  possession  of  so  extended  a  coast- 
line she  would  have  the  first  harbors  in  the  world  for  her  fleets.  This  desire 
would  appear  to  have  been  still  manifested  in  1840,  for  we  find  in  February 
of  that  year,  in  the  New  York  Express,  the  following:  ''The  Californias. — 
The  rumor  has  reached  New  Orleans  from  Mexico  of  the  cession  to  England 
of  the  Californias.  The  cession  of  the  two  provinces  would  give  to  Great 
Britain  an  extensive  and  valuable  territory  in  a  part  of  the  world  whei'e  she 
has  long  been  anxious  to  gain  afoot-hold,  besides  securing  an  object  still  more 
desirable — a  spacious  range  of  sea-coast  on  the  Pacific,  stretching  more  than 
a  thousand  miles  from  the  forty-second  degree  of  latitude  south,  sweeping 
the  peninsula  of  California,  and  embracing  the  harbors  of  that  gulf,  the  finest 
in  North  America." 

In  the  meantime  that  epidemic  so  chronic  to  Mexico,  a  revolution,  had 
broken  out  in  the  year  1836,  but  nothing  of  interest  occurred  in  respect  to 
the  portion  of  California  of  which  we  write  save  the  departure  from  San 
Jose  of  a  few  of  the  settlers  to  join  the  opposing  factions.  While  this  strife 
was  going  on  Governor  Alvarado  was  appointed  to  rule  California,  an  office 
he  held  until  December,  1842,  before  when  the  difference  between  the 
Government  and  the  revolutionists  had  been  arrangfed. 

This  adjustment,  however,  left  misunderstandings  rife  between  the  two 
highest  functionaries  in  the  Department  of  California ;  the  Civil  and  Mili- 
tary authority  could  not  agree,  each  therefore  complained  of  the  other  to  the 


106  HISTORY    OF   SANTA    CLARA    COUNTY,    CALIFORNIA. 

Central  Government,  who  secretly  dispatched  General  Micheltorena  to  assume 
the  two-fold  power  of  Civil  and  Military  Governor  in  place  of  Governor 
Alvarado  and  General  Vallejo.     On  seeing  the  turn  which  affairs  had  taken 
against  them,  these   two  officials  agreed  to   lay   aside  their   bickerings  and 
make  common  cause  against  Micheltorena,  whom  they  designated  an  usurper, 
and  aided  by  General  Castro,  drive  him  from  the  soil  they  deemed  he  tainted. 
The  triumvirate  declared  California  independent,  and  declared  war  against 
the  representative  of  Mexico.     General  Micheltorena  having  seen  the  guage 
of  battle  thrown  in  his  teeth,  took  the  field  to  bring  to  speedy  end  the  insur- 
rection; he  advanced  to  within  twelve  miles  of  San  Jose,  but  discovering 
that  this  portion  of  the  country  was  up  in  arms,  he  beat  a  retreat,  and  halted 
not  until  he  reach<;d  San  JuanBautista  which  the  insurgents  carried  in  spite 
of  Michel torena's  defense,  in  November,  1844.     From  this   blow  he  never 
rallied,  and  at  last,  in-'February,  1845,  he  paid  eleven  thousand  dollars  for  a 
passage  on  board  the  bark  Don  Quixote,  Captain  Paty,  to  be  taken  to  San 
Bias.     He  joined  this  craft  at  San  Pedro  with  about  a  hundred  of  his  officers 
and  men,  and  then  proceeding  to   Monterey   took  the  General's   lady   and 
several  others  and  sailed  for  a  moi'e  propitious  shore.     On  the  termination  of 
strife,  Pio  Pico   was    immediately    voted  to  the  Gubernatorial  Chair,    and 
Jose'  Castro  appointed  General. 

In  the  month  of  March,  1845,  Brevet-Captain  John  Charles  Fremont 
departed  from  Washington  for  the  purpose  of  organizing  a  third  expedition 
for  the  topographical  survey  of  Oregon  and  California,  which  having  con- 
cluded, he  left  Rent's  Fort  on  or  about  April  l(3th,  his  command  consisting 
of  sixty-two  men,  among  them  being  Kit  Carson  and  six  Delaware  Indians. 
Passing  through  the  Sierra  Nevada  in  December,  they  arrived  at  Sutter's 
Fort  on  the  10th  of  that  month,  which,  after  a  stay  only  of  two  days,  they 
left,  for  Fremont  was  on  the  search  for  a  missing  party  of  his  explorers.  It 
is  not  pos.sible  here  to  follow  him  in  his  long  tramps  over  mountain  and 
through  valley,  on  this  humane  undertaking.  Not  being  able  to  discover  the 
whereabouts  of  Talbot  and  Walker,  and  having  lost  and  consumed  most  of 
his  horses  and  cattle  (forty  head  of  the  latter  he  had  procured  from  Captain 
Sutter),  he  determined  to  retrace  his  steps  to  that  hospitable  haven,  which  he 
reached  January  15,  1846.  On  the  17th  Fremont  left  Sutter's  Fort  in  a 
launch  for  Yei'ba  Buena,  where  they  arrived  on  the  20th;  the  21st  saw  him 
and  Captain  Hinckley  sailing  up  the  Bay  of  San  Francisco  in  a  whale-boat 
to  the  embarcadero  at  Alviso,  and  on  the  22d  they  proceeded  to  San  Jo.se', 
where  they  received  intelligence  of  the  lost  expedition  being  encamped  on 
the  San  Joaquin  whither  he  at  once  dispatched  two  companies  under  Kit 
Carson  to  guide  them  into  Santa  Clara  valley.  Fremont  and  Hinckley  then 
visited  the  New  Almaden  mines,  and  returned  to  San  Francisco.  On  the 
24th  Captain  Fremont  was  once  more  on  the  move.     He  started  from  Yerba 


THE   MEXICAN    WAR.  107 

Buena  and  that  evening  halted  at  the  rancho  of  Francisco  Sanchez  ;  the 
following  evening  he  passed  near  the  San  Jos^  Mission;  the  next  night  at 
the  home  of  Don  Jose  Joaquin  Gomez,  in^the  Canada  of  San  Juan,  and  on 
the  morning  of  January  27,  1846,  reached  Monterey. 

Ca])tain  Fremont,  in  company  with  Thomas  O.  Larkin,  United  States 
Consul,  then  called  upon  General  Castro  and  stated  the  cause  of  his  journey: 
he  was  in  want  of  provisions,  and  requested  that  his  party  might  pass  unmo- 
lested through  the  country.  The  request  was  granted  verbally,  but  when 
asked  for  the  nece.ssai-y  passport  in  writing,  the  General  excused  himself  on 
the  plea  of  being  ailing,  but  hinted  that  no  further  assurance  was  needed 
than  his  word.  A  visit  of  a  like  nature  was  then  made  to  the  Prefect  of 
the  district,  Don  Manuel  Castro,  and  the  same  statement  made,  which  he  too 
verbally  declared  all  right.  He  then  received  funds  and  provisions  from  the 
Consul  and  made  all  haste  to  San  Jose,  where  he  was  joined  by  his  band, 
safely  led  from  the  San  Joaquin  by  Kit  Carson,  but  not  finding  here  such 
stores  as  were  needed  by  him  he  determined  to  retrace  his  steps  to  Monterey, 
and  after  some  fifteen  or  twenty  days,  camped  in  the  Santa  Clara  valley,  on 
the  rancho  of  Captain  William  Fisher,  known  as  the  Laguna  Seco. 

While  here  a  Mexican  made  his  appearance  and  laid  claim  to  certain  of 
his  horses  on  the  bold  plea  that  they  had  been  stolen  ;  now  observe  how 
from  a  little  great  things  spring!  On  February  20th,  Captain  Fremont 
received  a  summons  to  appear  before  the  Alcalde  of  San  Jose',  to  answer  to 
a  charge  of  horse-stealing,  an  action  which  brought  forth,  the  next  day,  the 
following  communication  from  the  gallant  Captain: — 

"Camp  near  Road  to  Santa  Cruz,  February  21,  1846. 
"  Sir :  I  received  your  communication  of  the  20th,  informing  me  that 
a  complaint  had  been  lodged  against  me  in  ;your  office  for  refusing 
to  deliver  up  certain  animals  of  my  band,  which  are  claimed  as 
having  been  stolen  from  this  vicinity  about  two  months  since,  and  that 
the  plaintiff  further  complains  of  having  been  insulted  in  ray  camp. 
It  can  be  proven  on  oath  l)y  thirty  men  here  present  that  the  animals 
pointed  out  by  the  plaintiff  have  been  brought  in  my  band  from  the 
United  States  of  North  America.  The  insult  of  which  he  complains,  and 
which  was  authorized  by  myself,  consisted  in  his  being  driven  or  ordered  to 
immediately  leave  the  camp.  After  having  been  detected  in  endeavoring  to 
obtain  animals  under  false  pretenses,  he  should  liave  been  well  satisfied  to 
escape  without  a  severe  horsewhipping.  There  are  four  animals  in  my  band 
which  were  bartered  from  the  Tulare  Indians  by  a  division  of  my  party 
which  descended  the  San  Joaquin  valley.  I  was  not  then  present,  and  if 
any  more  legal  owners  present  themselves,  these  .shall  be  immediately  given 
or  delivered  upon  proving  property.     It  may  save  you  trouble  to  inform  you 


108  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

that,  with  this  exception,  all  the  animals  in  my  band  have  been  purchased 
and  paid  for.  You  will  readily  understand  that  my  duties  will  not  permit 
me  to  appear  before  the  magistrates  in  your  towns  on  the  complaint  of  every 
straggling  vagabond  who  may  chance  to  visit  my  camp.  You  inform  me 
that  unless  satisfaction  be  immediately  made  by  the  delivery  of  the  animals 
in  question,  the  complaint  will  be  forwarded  to  the  Governor.  I  beg  you 
will  at  the  same  time  inclose  to  his  Excellency  a  copy  of  this  note. 
"  I  am,  very  respectfully,  your  obedient  servant. 

"  J.  C.  Fremont,  U.  S.  Army. 
"  To  Sr.  Don  Dolores  Pacheco,  Alcalde  of  San  Jose." 

Hence  the  intrepid  Pathfinder  moved,  by  easy  marches,  in  the  direction  of 
the  Santa  Cruz  mountains,  which  he  crossed  about  ten  miles  from  San  dose'- 
at  the  gap  where  th§  Los  Gatos  creek  enters  the  plains  ;  he  then  made  his 
w^ay  towards  the  coast,  and  on  March  1st,  encamped  on  the  rancho  of 
Edward  Petty  Hartnell.  While  here  he  received,  late  in  the  afternoon  of  the 
5th,  at  the  hands  of  a  Mexican  officer  protected  by  an  armed  escort,  a  dispatch 
from  Don  Manuel  Castro,  Prefect  of  the  District,  charging  him  (Fremont) 
with  having  entered  the  towns  and  villages  under  his  (the  Prefect's)  jurisdic- 
tion, in  contempt  of  the  laws  of  the  Mexican  Government,  and  ordering 
him  out  of  the  country,  else  compulsory  measures  would  be  taken  to  compel 
him  to  do  so.  On  the  receipt  of  this  Fremont  did  not  display  much  hesi- 
tancy in  arriving  at  a  conclusion.  That  evening  he  struck  his  camp,  and 
ascending  "  Hawks  Peak,"  a  rough  looking  mountain  on  the  Salinas  ranges 
about  thirty  miles  from  Montere}^  and  two  thousand  feet  above  the  sea  level' 
commenced  the  construction  of  a  i-ude  fort,  protected  by  felled  trees,  and 
stripping  one  of  its  branches  nailed  the  "  stars  and  stripes  "  to  its  highest 
point,  full  forty  feet  above  their  heads,  and  the  morning  of  the  6th  March 
found  him  awaiting  further  developments. 

Let  us  now  take  a  glance  at  the  movements  of  the  Mexican  General.  On 
the  day  that  Fremont  had  fairly  established  himself  on  "  Hawks  Peak  " 
Castro  communicated  the  accompanying  letter  to  the  Minister  of  Marine  in 
Mexico: — 

"  In  my  comnumication  of  the  5th  ultimo,  I  announced  to  you  the  arrival 
of  a  Captain,  at  the  head  of  fifty  men,  who  came,  as  he  said,  by  order  of 
the  Government  of  the  United  States,  to  survey  the  limits  of  Oregon.  This 
person  presented  himself  at  my  headquarters  some  days  ago,  accompanied 
by  two  individuals  (Thos.  O.  Larkin,  Consul,  and  Captain  William  A. 
Leidesdorff",  Vice  Consul),  with  the  object  of  asking  permission  to  procure 
provisions  for  his  men  that  he  had  left  in  the  mountains,  wdiich  was  given  to 
him,  but  two  days  ago,  March  4th,  I  was  much  surprised  at  being  informed 
that  this  peison  was  only  two  days'  journey  from  this  place  (Monterey).  In 
consequence,  I  immediately  sent  him  a  communication,  ordering  him,  on  the 


THE   MEXICAN   WAR.  109 

instant  of  its  receipt,  to  put  himself  on  the  march  and  leave  the  Department, 
jjut  I  have  not  received  an  answer,  and  in  order  to  make  him  obey,  in  case 
of  resistance,  I  sent  out  a  force  to  observe  their  operations,  and  to-day,  the 
6th,  I  march  in  person  to  join  it  and  to  see  that  the  object  is  attained.  The 
hurry  with  -which  I  undertake  my  march  does  not  permit  me  to  be  more 
diffuse,  and  I  heg  that  you  will  inform  his  Excellency,  the  President,  assuring 
him  that  not  only  shall  the  national  integrity  of  this  party  be  defended  with 
the  enthusiasm  of  good  Mexicans,  but  those  who  attempt  to  violate  it  w^ill 
find  an  impregnable  barrier  in  the  valor  and  patriotism  of  every  one  of  the 
Californiaus.     Receive  the  assurance  of  my  respect,  etc.     God  and  Liberty." 

We  left  Captain  Fremont  in  his  hastily  constructed  fort,  every  avenue  to 
which  was  commanded  by  the  trusty  rifles  of  his  men,  calmly  awaiting  the 
speedy  vengeance  promised  in  the  communication  of  the  Prefect.  To  carry 
it  out  Don  Jos^  had  sunmioned  a  force  of  two  hundred  men  to  the  field, 
strengthened  by  one  or  two  cannon  of  small  calibre,  but  nothing  beyond  a 
demonstration  was  attained.  In  the  language  of  the  late  General  Revere 
(then  Lieutenant)  "  Don  Jos^  was  rather  in  the  humor  of  that  renowned 
King  of  France,  who,  with  twenty  thousand  men,  marched  up  the  hill  and 
then  marched  down  again."  Castro's  next  move  was  the  concoctino;  of  an 
epistle  to  Fremont,  desiring  a  cessation  of  hostilities,  and  making  the  propo- 
sition that  they  should  join  forces,  declare  the  country  independent,  and  with 
their  allied  armies  march  against  Governor  Pio  Pico,  at  that  time  at  Los  Ange- 
les. To  John  Gilroy,  an  old  Scotch  settler,  was  intrusted  the  delivery  of  this 
exquisite  piece  of  treachery.  He  reached  "  Hawks  Peak  "  on  the  night  of  the 
10th,  but  found  the  fort  untenanted.  Fremont  had  w^earied,  after  three 
days'  waiting  for  General  Castro's  attack,  which,  not  being  made,  he 
struck  his  camp,  threw  away  all  useless  articles  that  might  impede  a  forced 
march,  and  the  morning  of  the  11th  found  him  in  the  valley  of  the  San 
Joaquin.  Gilroy,  on  his  return,  related  his  story  of  the  camp-fires  still 
alight,  the  discarded  pack-saddles  and  no  Fremont,  which  .so  elated  the 
brave  Castro  that  he  at  once  resolved  on  attacking  the  fort,  which  he  was 
the  first  to  entei",  after  performing  prodigies  of  valor,  and  sacking  the 
inclosure,  he  sat  down  on  one  of  Fremont's  left-oft"  pack-saddles,  and  penned  a 
dispatch  to  Monterey,  descriptive  of  the  glorious  victory  he  had  gained,  and 
that  his  return  need  not  be  looked  for  until  his  promise,  long  ago  given, 
should  be  fulfilled. 

And  so  matters  for  a  time  rested.  The  American  settlers  began  to  fee} 
far  from  safe,  and  should  the  necessity  for  defense  arise,  no  time  should  be 
lost  in  preparing  for  the  emergency.  Rumors  were  rife.  The  Governor, 
Pio  Pico,  looked  upon  them  with  deep  hatred;  their  arrival  and  settlement 
was  to  him  a  .source  of  poignant  jealousy,  while  his  feeling  inclined  him,  in 
case  the  country  should  ever  change  hands,  towards  England   rather  than 


110  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

the  United  States.  At  a  convention  held  at  the  San  Juan  Mission,  to 
decide  Avliicli  one  of  the  two  nations,  Great  Britain  oi-  America,  should 
guarantee  protection  to  California  against  all  others,  for  certain  privileges 
and  considerations,  Governor  Pico  is  reported  to  have  spoken  in  these 
terms : — 

"Excellent  Sirs:  To  what  a  deplorable  condition  is  our  country  reduced! 
Mexico,  prof es.sing  to  be  our  mother  and  our  protectress,  has  given  us  neither 
arras  nor  money,  nor  the  material  of  war  for  our  defense.  She  is  not  likely 
to  do  anything  in  our  behalf,  although  she  is  quite  willing  to  afflict  us  with 
her  extortionate  minions,  who  come  hither  in  the  guise  of  soldiei-s  and  civil 
officers,  to  harass  and  oppress  our  people.  We  possess  a  glorious  country, 
capable  of  attaining  a  physical  and  moral  greatness  corresponding  with  the 
grandeur  and  beauty  which  an  Almighty  hand  has  stamped  on  the  face  of 
our  beloved  California.  But  although  nature  has  been  prodigal,  it  cannot 
be  denied  that  we  are  not  in  a  position  to  avail  ourselves  of  her  bounty 

"  Our  population  is  not  large,  and  it  is  sparsely  scattered  over  valley  and 
mountain,  covering  an  immense  area  of  virgin  soil  destitute  of  roads,  and 
traversed  with  difficulty;  hence  it  is  hardly  possible  to  collect  an  army  of 
any  con.siderable  force.  Our  people  are  poor,  as  well  as  few,  and  cannot 
well  govern  themselves  and  maintain  a  decent  show  of  sovereign  power. 
Although  we  live  in  the  midst  of  plenty,  we  lay  up  nothing;  but,  tilling  the 
earth  in  an  imperfect  manner,  all  our  time  is  required  to  provide  subsistence 
for  ourselves  and  our  families.  Thus  circumstanced,  we  find  ourselves  sud- 
denly threatened  by  hordes  of  Yankee  emigrants,  who  have  already  begun 
to  flock  into  our  country,  and  who.se  progress  we  cannot  arrest.  Already  have 
the  wagons  of  that  perfidious  people  scaled  the  almost  inaccessible  summits  of 
the  Sierra  Nevada,  crossed  the  entire  continent,  and  penetrated  the  fruitful 
valley  of  the  Sacramento.  What  that  astonishing  people  will  next  undertake 
I  cannot  say ;  but  in  whatever  enterprise  they  embark  they  will  be  sure  to 
prove  successful.  Already  are  these  adventurous  land-voyagers  spreading 
themselves  far  and  wide  over  a  country  which  seems  suited  to  their  tastes. 
They  are  cultivating  farms,  establishing  vineyards,  erecting  mills,  sawing  up 
lumber,  building  workshops,  and  doing  a  thousand  other  things  which  seem 
natural  to  them,  but  which  Californians  neglect  or  despise.  What  then  are 
we  to  do?  Shall  we  remain  supine  while  these  daring  strangers  are  overrun- 
ning our  fertile  plains  and  gradually  outnumbering  and  displacing  us?  Shall 
these  incursions  go  on  unchecked,  until  we  shall  become  strangers  in  our 
own  land  ?  We  cannot  successfully  oppose  them  by  our  own  unaided 
power;  and  the  swelling  tide  of  immigration  renders  the  odds  against  us 
more  formidable  every  day.  We  cannot  stand  alone  against  them,  nor  can 
we  creditably  maintain  our  independence  even  against  Mexico;  but  there  is 
something  we  can  do  which  will  elevate  our  country,  strengthen  her  at    all 


THE    MEXICAN    WAR.  Ill 

points,  and  yet  enable  us  to  preserve  our  identity  and  remain  masters  of  our 
own  soil.     Perhaps  what  I  am  about  to   suggest  may   seem   to   some  faint- 
hearted and  dishonorable.     But  to  me  it  does  not  seem  so.     It  is   the  last 
hope  of  a  feeble  people,  struggling  against  a  tyrannical  government  which 
claims  their  submission  at   home,   and  threatened  by  bands  of  avaricious 
strangers  from   without,  voluntarily  to  connect   themselves   with  a  power 
able  and  willing  to  defend  and  preserve  them.     It  is  the  right  and  the  duty 
of  the  weak  to  demand  support  from  the  strong,  provided  the  demand  be 
made  upon  terms  just  to  both  parties.     I  see  no  dishonor  in  this  last  refuge 
of   the   oppressed    and   powerless,    and    I    boldly    avow    that    such    is   the 
step  that  I  would  have  California  take.     There  are  two  great  powers  in 
Europe,  which  seem   destined  to  divide    between  them  the  unappropriated 
countries  of  the  world.     They  have  large  fleets  and  armies  not  unpracticed 
in  the  art  of  war.     Is  it  not  better   to   connect  ourselves  with  one  of  those 
powerful  nations,  than  to  struggle  on  without  hope,  as  we  are  doing  now  ? 
Is  it  not  better  that  one  of  them   should  be  invited  to  send  a  fleet  and  an 
army  to  defend  and  protect  California,  rather  than  that  we   should  fall    an 
easy  prey  to  the  lawless  adventurers  who  are   overrunning  our  beautiful 
country  ?     I  pronounce  for  annexation  to  France  or  England,  and  the  people 
of  California  will  never   regret  having   taken   my  advice.     They  will   no 
longer  be  subjected  to  the  trouble  and  grievous  expense  of  governing  them- 
selves; and  their  beef  and  their  grain,  which   they  produce  in  such  abun- 
dance, would  find  a  ready  market   among  the   new-comers.      But  I   hear 
some  one  say:  'No  monarchy!'     But  is  not  monarchy  better  than  anarchy? 
Is  not  existence  in  some  shape,  better  than  annihilation?     No  monarch !  and 
what  is  there  so  terrible  in  a  monarchy?     Have  not  we    all  lived  under  a 
monarchy  far  more  despotic  than  that  of  France   or  England,  and  were  not 
our  people  happy  under  it?     Have  not  the  leading  men  among  our  agricul- 
turists been  bred  beneath  the  royal  rule  of  Spain,  and  have  they  been  hap- 
pier since  the  mock  republic  of  Mexico  has   supplied  its  place?     Nay,  does 
not  every  man  abhor  the  miserable  abortion  christened  the  republic  of  Mex- 
ico, and  look  back  with  regret  to  the  golden  days  of  the  Spanish  monarchy? 
Let  us  restore  that  glorious  era.     Then  may  our  people  go  quietly  to  their 
ranchos,  and   live  there,  as  of  yore,  leading  a   thoughtless  and  merry  life, 
untroubled  by  politics  or  cares  of  State,  sure  of  what  is  their  own,  and  safe 
from  the  incursions  of  the  Yankees,  who  would  soon  be  forced  to  retreat  into 
their  own  country." 

It  was  a  happy  thing  for  California,  and,  as  the  sequel  proved,  for  the 
views  of  the  Government  of  the  United  States,  a  man  was  found  at  this 
juncture  whose  ideas  were  more  enlightened  and  consonant  with  the  times 
than  those  of  the  rulers  of  his  country,  both  civil  and  military.  Patriotism 
was  half  his  soul ;  he  therefore  could   not    silently  witness   the  land  of  his 


112  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

birth  sold  to  any  monarchy,  however  old;  aud  he  rightly  judged  that 
although  foreign  protection  might  postpone,  it  could  not  avert  that  assump- 
tion of  power  which  was  beginning  to  make  itself  felt.  Possessed  at  the 
time  of  no  political  power,  and  having  had  few  early  advantages,  still  his 
position  was  so  exalted,  and  his  character  so  highly  respected  by  both  the 
foreign  and  native  population,  that  he  had  been  invited  to  participate  in  the 
deliberations  of  the  Junta.  This  man  was  Don  Mariano  Guadalupe  Vallejo. 
Boi'n  in  California,  he  commenced  his  career  in  the  army  as  an  alferes,  or 
ensign,  and  in  this  humble  grade,  he  volunteered,  at  the  suggestion  of  the 
Mexican  Government,  with  a  command  of  fifty  soldiers,  to  establish  a  colony 
on  the  north  side  of  the  Bay  of  San  Francisco  for  the  protection  of  the  fron- 
tier. He  effectually  subdued  the  hostile  Indians  inhabiting  that  then  remote 
region,  and  laid  the  foundation  of  a  reputation  for  integrity,  judgment,  and 
ability,  unequalled  b}'  any  of  his  countrymen.  Although  quite  a  young 
man,  he  had  already  filled  the  highest  offices  in  the  province,  and  had  at 
this  time  retired  to  private  life,  near  his  estates  in  the  vicinity  of  the  town 
of  Sonoma.  He  did  not  hesitate  to  oppose  with  all  his  strength  the  views 
advanced  by  Pico  and  Castro.     He  spoke  nearly  as  follows: — 

"I  cannot,  gentlemen,  coincide  in  opinion  with  the  military  and  civil  func- 
tionaries who  have  advocated  the  cession  of  our  country  to  France  or  Eng- 
land. It  is  most  true,  that  to  rely  any  longer  upon  Mexico  to  govern 
and  defend  us,  would  be  idle  and  absurd.  To  this  extent  I  fully  agree  with 
my  distinguished  colleagues.  It  is  also  true  that  we  possess  a  noble  country, 
every  way  calculated  from  position  and  resources  to  become  great  and  pow- 
erful. For  that  very  reason  I  would  not  have  her  a  mere  dependency  upon 
a  foreign  monarch}^,  naturally  alien,  or  at  least  indifferent,  to  our  interests 
and  our  welfare.  It  is  not  to  be  denied  that  feeble  nations  have  in  former 
times  thrown  themselves  upon  the  protection  of  their  powerful  neighbors. 
The  Biitons  invoked  the  aid  of  the  warlike  Saxons,  and  fell  an  easy  prey  to 
their  protectors,  who  seized  their  lands,  and  treated  them  like  slaves.  Long 
before  that  time,  feeble  and  distracted  provinces  had  appealed  for  aid  to  the 
all-conquering  arms  of  imperial  Rome;  and  they  were  at  the  same  time  pro- 
tected and  subjugated  by  their  grasping  ally.  Even  could  we  tolerate  the 
idea  of  dependence,  ought  we  to  go  to  distant  Europe  for  a  master?  What  pos- 
sible sympathy  could  exist  between  us  ^and  a  nation  separated  from  us  by 
two  vast  oceans?  But  waiving  this  insuperable  objection,  how  could  we 
endure  to  come  under  the  dominion  of  a  monarchy  ?  For,  although  others 
.speak  lightly  of  a  form  of  government,  as  a  freeman,  I  cannot  do  so.  We 
are  republicans — badly  governed  and  badly  situated  as  we  are — still,  we  are 
all,  in  sentiment,  republicans.  So  far  as  we  are  governed  at  all,  we  at 
least  profess  to  be  self-governed.  Who,  then,  that  possesses  true  patriotism 
will  consent  to  subject  himself  and  his  children  to  the  caprices  of  a  foreign 


1. 


7  voHi 


AITOH,  LC-NOX  AND 

T1L3EN.  F0U^f«AT10NS^ 


THE    MEXICAN    WAR.  113 

kino-  and  his  official  minions  ?  But  it  is  asked,  if  wo  do  not  throw  ourselves 
upon  the  protection  of  France  or  England,  what  shall  we  do?  I  do  not  come 
here  to  support  the  existing  order  of  things,  but  I  come  prepared  to  propose 
instant  and  effective  action  to  extricate  our  country  from  her  present  forlorn 
condition.  My  opinion  is  made  up  that  we  must  persevere  in  throwing  off 
the  galling  yoke  of  Mexico,  and  proclaim  our  independence  of  her  forever. 
We  have  endured  her  official  cormorants  and  her  villainous  soldiery  until  we 
can  endure  no  longer.  All  will  probably  agree  with  me  that  we  ought  at 
once  to  rid  ourselves  of  what  may  remain  of  Mexican  domination.  But  some 
profess  to  doubt  our  ability  to  maintain  our  position.  To  my  mind  there 
conies  no  doubt.  Look  at  Texas,  and  see  how  long  she  withstood  the  power 
of  united  Mexico.  The  resources  of  Texas  were  not  to  be  compared  with 
ours,  and  she  was  much  nearer  to  her  enemy  than  we  are.  Our  position  is  so 
remote,  either  by  land  or  sea,  that  we  are  in  no  danger  from  Mexican  inva- 
sion. Why,  then,  should  we  hesitate  still  to  assert  our  independence?  We 
have  indeed  taken  the  first  step,  by  electing  our  own  Governor,  but  another 
remains  to  be  taken.  I  will  mention  it  plainly  and  distinctly — it  is  annex- 
ation to  the  United  States.  In  contemplating  this  consummation  of  our 
destiny,  I  feel  nothing  but  pleasure,  and  I  ask  you  to  share  it.  Discard  old 
prejudices,  disregard  old  customs,  and  prepare  for  the  glorious  change  which 
awaits  our  country.  Why  should  we  shrink  from  incorporating  ourselves 
with  the  happiest  and  freest  nation  in  the  world,  destined  soon  to  be  the 
most  w^ealthy  and  powerful?  Why  should  we  go  abroad  for  protaction  when 
this  great  nation  is  our  adjoining  neighbor?  When  we  join  our  fortunes  to 
hers,  we  shall  not  become  subjects,  but  fellow-citizens,  possessing  all  the  rights 
of  the  people  of  the  United  States,  and  choosing  our  own  federal  and  local 
rulers.  We  shall  have  a  stable  government  and  just  laws.  California  will 
grow  strong  and  flourish,  and  her  people  will  be  prosperous,  happy  and  free. 
Look  not,  therefore,  with  jealousy  upon  the  hardy  pioneers,  who  scale  our 
mountains  and  cultivate  our  unoccupied  plains;  but  rather  welcome  them  as 
brothers,  who  come  to  share  with  us  a  common  destiny." 

Such  was  the  substance  of  General  Vallejo's  observations;  those  who 
listened  to  him,  however,  were  far  behind  in  general  knowledge  and  intelli- 
genc2.  His  arguments  failed  to  carry  conviction  to  the  greater  number  of 
his  auditors,  but  the  bold  position  taken  by  him  was  the  cause  of  an  imme- 
diate adjournment  of  the  Junta,  no  result  having  been  arrived  at  concerning 
the  weighty  affairs  on  which  they  had  met  to  deliberate.  On  his  retiring 
from  the  Junta  he  embodied  the  views  he  had  expressed  in  a  letter  to  Don 
Pio  Pico,  and  reiterated  his  refusal  to  participate  in  any  action  having  for  its 
end  the  adoption  of  any  protection  other  than  that  of  tlie  United  States. 
In  this  co.iimunication  he  also  declared  that  he  would  never  serve  under 
an}'  Government  which  was  prepared  to  surrender  California  to  an  Euro- 
8 


114  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

pean    power;  he  then  returned  to  his  estates,  there  to   await  the  issue  of 

events. 

In  the  meantime  circumstances  tended  to  keep  General  Castro  moving. 
The  Americans,  finding  themselves  numerically  too  weak  to  contend  against 
the  bitter  feelings  engendered  by  such  speeches  as  that  of  Pio  Pico  in  the 
Junta  and  such  actions  as  those  of  Castro  against  Fremont,  but  relying 
upon  the  certain  accession  to  their  strength  which  would  arrive  in  the  Spring 
with  more  emigrants,  and  a  full  conviction  of  their  own  courage  and  endur- 
ance, determined  to  declare  California  independent  and  free,  and  raise  a  fiag 
of  their  own,  which  they  did.  The  famous  "  Bear  flag,"  was  given  to  the 
breeze  June  14,  1846,  in  Sonoma,  on  the  pole  where  before  had  floated  the 
Mexican  standard,  and  after  the  capture  of  the  town,  with  its  commanding 
officer,  General  Vallcjo,  Lieutenant  Colonel  Victor  Prudon,  Captain  Don 
Salvador  Vallejo  and  Mr.  Jacob  P.  Leese,  an  American,  and  brother-in-law 
to  the  General.  The  intelligence  of  the  declaration  and  establishment  of  the 
California  Republic  spread  like  wild-fire;  both  parties  labored  arduously 
and  incessantly  for  the  conflict,  and  while  the  Bear  Flag  party  guided  their 
affairs  from  the  citadel  of  Sonoma,  General  Castro  established  his  head-quar- 
ters at  the  Santa  Clara  Mission,  whence,  June  17th,  after  learning  of  the 
success  at  Sonoma,  he  issued  the  following  proclamations: — 

"  The  citizen  Jos^  Castro,  Lieutenant-Colonel  of  cavalry  in  the  Mexican 
army,  and  acting  General  Commander  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  adven- 
turers, who,  regardless  of  the  rights  of  men,  have  daringly  commenced  an 
invasion,  possessing  themselves  of  the  town  of  Sonoma,  taking  by  surprise 
all  that  place,  the  military  commander  of  that  border,  Colonel  Don  Mariano 
Guadalupe  Vallejo,  Lieutenant-Colonel  Don  Victor  Prudon,  Captain  Sal- 
vador Vallejo  and  Mr.  Jacob  P.  Leese.  Fellow-countrymen:  the  defense, 
of  our  liberty,  the  true  religion  which  our  Fathers  possessed,  and  our  inde- 
pendence, call  upon  us  to  sacrifice  ourselves  rather  than  lose  these  inesti- 
mable blessings;  banish  from  your  hearts  all  petty  resentments,  turn  you 
and  behold  ^^ourselves,  these  families,  these  innocent  little  ones  which  have 
unfortunately  fallen  into  the  hands  of  our  enemies,  dragged  from  the 
bosoms  of  their  fathers,  who  are  prisoners  among  foreigners,  and  are  call- 
ing upon  us  to  succor  them.  There  is  still  time  for  us  to  rise  en  masse, 
as  irresistible  as  retributive.  You  need  not  doubt  that  Divine  Provi- 
dence will  direct  us  in  the  way  to  glory.  You  should  not  vacillate  because 
of  the  smallness  of  the  garrison  of  the  general  head-quarters,  for  he  who 
will  fir.st  sacrifice  himself,  will  be  your  friend  and  fellow-citizen. 

Jos£  Castro. 

"  Head-quarters,  Santa  Clara,  June  17,  1846." 


THE    MEXICAN    WAR.  115 

"Citizen  Jose  Castro  Lieutenant-Colonel  of  artillery  m  the  Mexican  army, 
and  acting  General  Commander  of  the  Department — 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  charo-e 
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  executed,  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  ungrateful  men,  who,  with  arms  in  their  hands,  have  attacked 
the  country,  wdthout  recollecting  they  were  treated  by  the  undersigned  with 
all  the  indulgence  of  which  he  is  so  characteristic.  The  inhabitants  of  the 
Department  are  witnesses  to  the  truth  of  this.  I  have  nothing  to  fear,  my 
duty  leads  me  to  death  or  to  victory.  I  am  a  Mexican  soldier,  and  I  will  be 
free  and  independent,  or  I  will  gladly  die  for  these  inestimable  blessino-s. 

^^     ,  "Jos6  Castro. 

"  Head-quarters,  Santa  Clara,  June  l7th,  1846." 

Fremont,  who  had  held  communication  with  the  leaders  of  the  Bear  Flac^ 
faction,  now  concluded  that  it  had  become  his  duty  to  take  a  personal  par't 
in  the  revolution  which  he  had  fostered,  therefore  on  June  21st  he  trans- 
ferred his  impedimenta  to  the  safe-keeping  of  Captain  Sutter  at  the  fort, 
re-crossed  the  American  river,  encamped  on  the  Sinclair  rancho,  where  he 
was  joined  by  Pearson  B.  Redding  and  all  the  trappers  about  Sutter's  Fort, 
and  there  awaited  orders.  On  the  afternoon  of  the  23d,  Harrison  Pierce, 
who  had  settled  in  Napa  valley  in  1843,  came  into  their  camp,  having  ridden 
the  eighty  intervening  miles  with  but  one  change  of  horses,  and  conveyed  to 
Fremont  the  intelligence  that  the  little  garrison  of  Sonoma  was  greatly 
excited  consequent  on  news  received  that  General  Castro,  with  a  considerable 
force,  was  advancing  on  the  town  and  hurling  threats  of  recapture  and  hancr- 
ing  of  the  rebels.  To  promise  to  come  to  their  rescue  as  soon  as  he  couTd 
place  ninety  men  in  the  saddle,  Avas  to  Fremont,  the  work  of  a  moment,  and 
on  June  23d,  he  made  a  forward  movement  with  his  mounted  rifles  who 
formed  a  curious  looking  cavalcade.     One  of  the  party  writes  of  them:— 

"  There  were  Americans,  French,  English,  Swiss,  Poles,  Russians,  Prussians, 
Chilenians,  Germans,  Greeks,  Austrians,  Pawnees,  native  Indians,  etc.,  all  rid- 
ing side  by  side  and  talking  a  polyglot  lingual  hash  never  exceeded  in  diversi- 
bility  since  the  confusion  of  tongues  at  the  tower  of  Babel. 

"  Some  wore  the  relics  of  their  homespun  garments,  some  relied  upon  the 
antelope  and  the  bear  for  their  wardrobe,  some  lightly  habited  in  buckskin 
leggings  and  a  coat  of  war-paint,  and  their  weapons  were  equally  various: 
There  was  the  grim  old  hunter  with  his  long  heavy  rifle,  the  farmer  with 
his  double-barreled  shot-gun,  the  Indian  with  his  bow  and  arrows;  and  others 


116  HISTORY    OF   SANTA    CLARA    COUNTY,    CALIFORNIA. 

•with  horse-pistols,  revolvers,  sabers,  ships'  cutlasses,  bowie-knives  and  *  pep- 
per-boxes'  (Allen's  Revolvers)." 

Though  the  Bear  Flag  army  was  incongruous  in  "personnel,  as  a  body,  it 
was  composed  of  the  best  fighting  material.  Each  of  them  was  inured  to 
hardship  and  privation,  self-reliant,  fertile  in  resources,  versed  in  woodcraft 
and  Indian  fighting,  accustomed  to  handle  fire-arm.s,  and  full  of  energy  and 
daring.  It  was  a  band  of  hardy  adventurers,  such  as  in  an  earlier  age 
wrested  this  land  from  the  feeble  Aborigines.  With  this  party  Fremont 
arrived  in  Sonoma,  at  two  o'clock,  on  the  morning  of  June  25  th,  having  made 
forced  marches.  Castro,  however,  had  not  carried  out  his  threat,  but  plac- 
idly remained  in  the  San  Josd  valley,  the  valiant  captain  being  carefully 
guarded  by  his  equally  valiant  soldiers. 

About  this  time  a  swiall  party,  intended  for  service  under  the  Bear  Flag 
had  been  recruited  by  Captain  Thomas  Fallon,  then  of  Santa  Cruz  but  after- 
wards, for  many  years,  a  resident  of  San  Jo.se.  This  company,  which  con- 
sisted of  only  twenty-two  men,  cros.sed  the  Santa  Cruz  mountains,  entered 
the  Santa  Clara  valley  at  night  and  called  a  halt  about  three  miles  .south  of 
San  Jose,  near  the  rancho  of  Grove  C.  Cook.  Here  Fallon  learned  that  Castro 
was  close  at  hand  with  a  force  of  some  two  hundred  men,  therefore,  acting  on 
the  principle  of  discretion  being  the  better  part  of  valor,  he  fell  back  into  the 
mountains  and  there  encamped.  It  will  thus  be  seen  that  Castro  still  had 
command  of  this  portion  of  the  country.  At  sunset  of  the  27th  June, 
placing  him.self  at  the  head  of  his  army,  he  marched  out  of  Santa  Clara  to 
chastise  the  Sonoma  insurgents.  Passing  around  the  head  of  San  Francisco 
bay  he  attained  the  San  Leandro  creek  whence  he  dispatched  three  men  to 
cross  the  bay  in  boats  to  reconnoitre,  who  being  captured,  were  shot.  The 
eldest  of  these  was  Don  Josd  Reyes  Berreyessa,  a  retired  Sergeant  of  the  Pre- 
sidio of  San  Francisco.  In  1834  he  took  up  his  residence  on  the  Rancho  de 
la  Canada  de  los  Capitancillos  which  was  granted  him  by  Governor  Alva- 
rado  in  1837,  and  upon  which  is  situated  the  New  Alniaden  mine.  Castro,  on 
finding  that  his  men  did  not  return,  feared  the  like  fate  for  himself,  he  there- 
fore retraced  his  steps  to  the  Santa  Clara  Mission,  where  he  arrived  on  the 
29th  after  a  prodigious  expedition  of  two  days'  duration, 

In  the  meantime  great  events  had  been  occurring  w^ithout.  War  had 
been  declared  by  the  United  States  against  Mexico ;  General  Scott  had 
carried  on  a  series  of  brilliant  exploits  which  resulted  in  the  capture  of  the 
Mexican  Capital,  and  Commodore  John  Drake  Sloat  had  hoisted  the  Ameri- 
can ensign  at  Monterey,  July  7, 184G. 

Two  days  later  than  the  last-mentioned  date,  there  might  have  been 
observed  a  solitary  horseman  urging  his  animal,  as  if  for  bare  life,  through 
the  then  almost  impassable  gorges  of  the  Santa  Cruz  mountains,  and 
across  the  wide  expanse  of  the  Santa  Clara  valley.     From  his  pre-occupied 


THE    MEXICAN    WAR.  117 

air,  it  could  be  remarked  that  he  bore  a  wei<^hty  burden  upon  his  shoulders^ 
and  still  he  presseil  his  jaded  steed,  whose  gored  sides  and  dilated  nostrils 
gave  evidence  of  being  pushed  to  his  utmost.  Erelong  both  come  to  a  halt, 
within  the  open  space  fronting  the  Justice  Hall  in  San  Jos^.  With  a  wave 
of  his  cap,  our  traveler  announces  to  his  compatriots  the  welcome  intelli- 
gence of  the  glory  of  American  arms;  he  hastily  asks  of  the  whereabouts 
of  the  General,  whom  he  at  once  seeks  ;  he  finds  him  enjoying  his  otium  cum 
dignitate  in  the  seclusion  of  his  well-appointed  quarters,  and  here  the  dusty 
voyager,  Henry  Pitts,  delivers  into  the  hands  of  the  redoubtable  soldier,  Jos^ 
Castro,  the  dispatch  which  tells  him  of  the  defeat  of  Mexican  arms,  and  the 
ascendency  of  the  United  States  forces.  With  moody  brow  he  breaks  the 
seal ;  he  calls  forth  his  men,  mounts  at  their  head,  forms  line  in  front  of  the 
Juzgado,  on  Market  street,  and  then  exclaiming,  '•'  Monterey  is  taken  by  the 
Americans!"  proceeded  to  read,  in  Spanish,  the  proclamation  of  Commodore 
Sloat,  of  which  the  annexed  is  a  translation : — 

"  To  the  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,  baggage, 
etc.,  captured,  on  the  eighth  and  ninth  of  May  last,  by  a  force  of  twenty- 
three  hundred  men,  under  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  inhabitants  of  California,  that  although  I  come  in  arms 
with  a  powerful  force,  I  do  not  come  among  them  as  an  enemy  to  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  administration  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  permanent 
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,  destroyed  as  her  resources  are 
by  internal  factions  and  corrupt  officers,  who  create  constant  revolutions  to 
promote  their  own  interest  and  oppress  the  people.  Under  the  tlag  of  the 
United  States,  California  will  be  iree  from  all   such  troubles  and  expenses  ; 


118  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

consequently,  the  country  will  rapidly  advance  and  improve,  both  in  agri- 
culture and  commerce;  as,  of  course,  the  revenue  laws  will  be  the  same  in 
California  as  in  all  other  parts  of  the  United  States,  attbrding  them  all 
manufactures  and  produce  of  the  United  States  free  of  any  duty,  and 
for  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  conti- 
nent of  America. 

"  Such  of  the  inhabitants,  whether  natives  or  foreigners,  as  may  not  be 
disposed  to  accept  the  high  privileges  of  citizenship,  and  to  live  peacefully 
under  the  Government  of  the  United  States,  will  be  allowed  time  to  dispose 
of  theii-  property,  and  remove  out  of  the  country,  if  they  choose,  without 
any  restriction ;  or  remain  in  it,  observing  strict  neutrality. 

'■'  With  full  confidence  in  the  honor  and  integrity  of  the  inhabitants  of 
the  countrj^,  I  invite  the  Judges,  Alcaldes,  and  other  civil  officers,  to  execute 
their  functions  as  heretofore,  that  the  public  tranquility  may  not  be  disturbed, 
at  least,  until  the  government  of  the  Territory  can  be  definitely  an-anged. 

"  All  pei'sons  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  inhabi- 
tants for  the  use  of  the  United  States  ships  and  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, 

"  Commander-in  Chief  of  the    U.  S.  Naval  Force  in  the  Pacific  ocean." 

The  reading  of  the  foregoing  concluded,  Castro  is  said  to  have  exclaimed, 
"  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 ! "  Only  a  very  few  chose  to 
follow  the  Don  into  Mexico,  whither  he  proceeded  on  that  same  day,  first 
taking  prisoner  Captain  Charles  M.  Weber,  out  of  his  store  in  San  Jose,  and 
not  releasing  him  until  they  ai-rived  at  Los  Angeles. 

Upon  hearing  of  Castro's  departure,  Captain  Fallon,  who  the  reader  may 
remember  we  saw  encamped  in  the  Santa  Cruz  mountains,  left  his  rendez- 
vous, marched  into  the  town  of  San  Jose,  seized  the  Juzgado,  and  arrested 
Dolores  Pacheco,  the  Alcalde,  whom  he  caused  to  surrender  the  keys 
and  pueblo  archives   as  well,  and  appointed  James   Stokes  Justice  of  the 


THF    MEXICAN    WAR.  119 

Peace.  On  the  loth  he  hoisted  an  Aiuericau  ensi<fn  on  the  Hat^stati'  in  front 
of  the  Court  House,  when  for  the  tirst  time  did  the  Star  Spangled  Banner 
wave  in  the  county.  While  in  San  Josd  Fallon  had  the  following  corres- 
pondence with  Captain  Montgomery,  stationed  at  Yerba  Buena  (San  Fran- 
cisco) : — 

"  U.  S.  Ship  Portsmouth,  ) 

"  Yerba  Buena,  July  VS,  1846.  j 

"Sir:  I  have  just  received  your  letter,  with  a  copy  of  Mr.  James  Stokes' 
appointment  as  Justice  of  the  Peace  at  the  pueblo;  also,  a  dispatch  from  the 
Commander-in-Chief  of  the  U.  S.  Naval  Forces,  at  Monterey,  for  which  I 
thank  you.  By  the  bearer  of  them,  I  return  a  dispatcli  for  Commodore 
Sloat,  which  I  hope  you  'will  have  an  opportunity  of  forwarding  to  Monterey. 

"I  received  your  letter  of  July  12th,  and  wrote  to  you,  by  the  bearer  oH 
it,  on  the  13th,  in  answer,  advising  you  by  all  means  to  hoist  the  flag  of  the 
United  States  at  the  Pueblo  of  St.  Joseph,  as  you  expressed  to  do,  if  you  had 
sutRcient  force  to  maintain  it  there ;  of  course  you  will  understand  that  it  is 
not  again  to  be  hauled  down.         *  *  *  *  *  *  * 

"Agreeable  to  your  request,  I  send  you  a  proclamation  of  the  Commander- 
in-Chief,  in  both  languages,  which  I  shall  be  glad  to  have  distributed  as  far 
and  generally  as  possible;  and  be  pleased  to  assure  all  persons  of  the  most 
perfect  security  from  injuries  to  their  persons  and  property,  and  endeavor, 
by  every  means  in  your  power,  to  inspire  them  with  confidence  in  the  exist- 
ing authorities  and  Government  of  the  United  States. 

"  I  am,  sir,  respect'y  your  ob't  servant,  Jno.  B.  Montgomery, 

"  Comviaiidiny  U.  S.  Ship  Portsmouth. 
"  To  Capt.  Thos.  Fallon,  Pueblo  of  St.  Joseph,  Upper  California." 

"U.  S.  Ship  Portsmouth,  ) 

"Yerba  Buena,  July  18,  1846.  ) 
"Si7\  I   have  just  received  your  letter  with    the   official    dispatch    from 
Commodore  Sloat,  which  has  been  accidentally  delayed  one  day  in  its  trans- 
mission from  pueblo,  and  am  much  obliged  to  you  for  sending  it  to  me. 

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

"I  am,  sir,  your  ob't  servant,  Jno.  B.  Montgomery, 

ComTiiander. 
"  To  Capt.  Thos.  Fallon,  at  the  Pueblo,  San  Josii,  Upper  California." 

Let  us  now  make  a  sliglit  retrograde  movement  so  that  the  relative  posi- 
tions of  the  parties  may  be  ascertained. 

We  last  left  Captain  Fremont  at  Sonoma,  where  he  had  arrived  at  2  A.  M. 
of    the    25th    June.      After   giving  his    men  and   horses   a   short  rest,  and 


120  HISTORY    OF   SANTA    CLARA    COUNTY,    CALIFORNIA. 

receiving  a  small  addition  to  his  force,  he  was  once  more  in  the  saddle  and 
started  for  San  Rafael,  where  it  was  said  that  Castro  had  joined  de  la  Torre 
with  two  hundred  and  fifty  men.  At  four  o'clock  in  the  afternoon  they 
came  in  sight  of  the  position  thought  to  be  occupied  by  the  enemy.  This 
they  approached  cautiously  until  quite  close,  then  charged,  the  three  first  to 
enter  being  Fremont,  Kit  Carson  and  J.  W.  Marshall  (the  future  discoverer 
of  gold),  but  they  found  the  lines  occupied  by  only  four  men,  Captain  Torre 
having  left  some  three  hours  previously.  Fremont  camped  on  the  ground 
that  night,  and  on  the  following  morning,  the  26th,  dispatched  scouting  par- 
ties while  the  main  body  remained  at  San  Eafael  for  three  days.  Captain 
Torre  had  departed,  no  one  knew  whither;  he  left  not  a  trace;  but  General 
Castro  was  seen  from  the  commanding  hills  behmd,  approaching  on  the 
other  side  of  the  bay.  ^  One  evening  a  scout  brought  in  an  Indian  on  whom 
was  found  a  letter  from  Torre  to  Castro,  purporting  to  inform  the  latter  that 
he  would,  that  night,  concentrate  his  forces  and  march  upon  Sonoma  and 
attack  it  in  the  morning. 

Captain  Gillespie  and  Lieutenant  Ford  held  that  the  letter  was  a  ruse 
designed  for  the  purpose  of  drawing  the  American  forces  back  to  Sonoma, 
and  thus  leave  an  avenue  of  escape  open  for  the  Californians.  Opinions  on 
the  subject  were  divided;  however,  by  midnight  every  man  of  them  was  in 
Sonoma,  it  was  afterwards  known  that  they  had  passed  the  night  within  a 
mile  of  Captain  de  la  Torre's  camp,  who,  on  ascertaining  the  departure  of 
the  revolutionists  effected  his  escape  to  Santa  Clara  via  Saucelito. 

Fremont  having,  with  his  men,  partaken  of  an  early  meal,  on  the  morning 
of  the  27th  June  returned  to  San  Rafael,  after  being  absent  only  twenty - 
four  hours,  proceeded  to  Saucelito,  there  remained  until  July  2d,  when  he 
returned  to  Sonoma,  and  here  prepared  a  more  perfect  organization.  On 
the  Fourth,  the  national  holiday  was  celebrated  with  becoming  pomp,  and 
on  the  fifth  the  California  Battalion  of  mounted  riflemen,  two  hundred  and 
fifty  strong,  was  formed;  Brevet-Captain  John  C.Fremont,  Second  Lieu- 
tenant of  Topographical  Engineers,  was  chosen  Commandant;  First  Lieuten- 
ant of  Marines,  Archibald  A.  Gillespie,  Adjutant  and  Inspector  with  the 
rank  of  Captain.     Says  Fremont: — 

"In  concert  and  co-operation  with  the  American  settlers,  and  in  the  brief 
space  of  thirty  days,  all  was  accomplished  north  of  the  Bay  of  San  Fran- 
cisco, and  independence  declared  on  the  fifth  of  July.  This  was  done  at 
Sonoma,  where  the  American  settlers  had  assembled.  I  was  called  by  my 
position,  and  by  the  general  voice  to  the  chief  direction  of  affairs,  and  on 
the  sixth  of  July,  at  the  head  of  the  mounted  riflemen,  set  out  to  find 
Castro." 

Their  route  caused  them  to  make  circuit  of  the  head  of  the  Bay  of  San  Fran- 
cisco, crossing  the  Sacramento  river  at  Knight's  Landing^and  thence  proceeding 


Tin:    MEXICAN    WAR.  121 

down  the  valley  of  the  San  Joaquin,  found  themselves  at  the  San  Juan  Mis- 
sion, where  Fremont  was  joined  by  Captain  Fallon,  whose  company  had  been 
disbanded  in  Monterey,  and  sailed  at  once  in  the  U.  S.  ship  Cyane  for  San 
Diego  to  cut  off  Castro's  retreat,  who  had  united  with  Pio  Pico,  giving  them 
a  combined  force  of  six  hundred. 

The  Indians  of  the  San  Joaquin  valley  had,  during  the  year  1846,  com- 
menced to  be  such  a  source  of  annoyance  to  the  residents  in  the  district  that 
in  the  month  of  April  complaint  had  been  made  to  the  Departmental  Assem- 
bly, but  up  to  July  nothing  had  been  done.  On  the  ninth  of  that  month, 
wishincr  to  intercept  Captain  Fremont,  Captain  Montgomery  penned  the 
following  letter  to  that  officer: — 

"U.  S.  Ship  Portsmouth,  "| 

"Yerba  Buena,  July  9,  1846.  | 

"Sir:  Last  evening  I  was  officially  notified  of  the  existence  of  war 
between  the  United  States  and  the  Central  Government  of  Mexico,  and  have 
this  morning  taken  formal  possession  of  this  place,  and  hoisted  the  flag  in 
town.  Commodore  Sloat,  who  took  possession  of  Monterey  on  the  7th 
instant,  has  directed  me  to  notify  you  of  this  change  in  the  political  con- 
dition of  things  in  California,  and  to  request  your  pi-esence  at  Monterey, 
with  a  view  to  future  arrangements  and  co-operations,  at  as  early  a  period  as 
possible. 

"  I  forwarded  at  two  o'clock  this  morning  a  dispatch  from  Commodore 
Sloat  to  the  Commandant  at  Sonoma,  with  an  American  flag  for  their  use, 
should  they  stand  in  the  need  of  one.  Mr.  Watmough,  who  will  hand  you 
this,  will  give  you  all  the  news. 

"  Very  respectfully,  etc.,  Jno.  B.  Montgomery. 

"To  Captain  J.  C.  Fremont,  Top.  Engineer,  Santa  Clara." 

On  the  same  day  the  following  order  was  given  to  purser  James  H.  Wat- 
mough by  Captain  Montgomery: — 

"Sir  :  You  will  proceed  to  Santa  Clara,  and  to  the  Pueblo,  if  necessary, 
in  order  to  intercept  Captain  Fremont,  now  on  his  march  from  the  Sacra- 
mento; and  on  meeting,  please  hand  him  the  accompanying  communication, 
after  which  you  will   return  to  this  place,  without  delay,  and  report  to  me." 

Whether  he  delivered  his  dispatch  to  Fremont  then  is  uncertain,  the  pre- 
sumption is  that  he  did,  and  that  on  reporting  such  to  Captain  Montgomery, 
also  the  state  of  affairs  in  regard  to  the  Indians  in  the  valley  of  the  San 
Joaquin,  he  was  instructed  to  occupy  San  Jo.se  with  the  thirt3'-five  marines 
who  had  accompanied  him  as  an  escort,  for  we  find  that  the  gallant 
Purser  established  his  head-quarters  in  the  Juzgcido,  added  some  volunteers 
to  his  forces,  and,  in  the  month  of  August,  with  thirty  marines  and  about  the 
same  number  of  volunteers,  crossed  the  mountains  and  met  a  party  of  a 
hundred  Indians,  which  he  drove  back  into  their  own  valley.     After  doing 


122  HISTORY    OF   SANTA    CLARA   COUNTY,    CALIFORNIA. 

much  to  allay  the  excitement  which  then  existed,  his   command  was   with- 
drawn in  the  month  of  October. 

Such  Avas  the  military  enthusiasin  of  the  period  that  it  was  not  as  difficult 
as  it  mio-ht  be  to-dav  to  recruit  an  armed  force.     In  October,  Charles  M. 
Weber  and  John  M.  Murphy  were  commissioned  by  Commander  Hull  of  the 
U.  S.  Sloop-of-war  Warren,  in  command  of  the  Northern  District  of  Cali- 
fornia, as  Captain  and  Lieutenant  respectively  in  the    land  forces.     They 
quickly  raised  a  company  of  scouts,  which  had  their  head-quarters  in  the 
adobe  building  to  the  rear  of  Frank  Licrhtston's  residence.     And  this  recruit- 
ing  spirit  was  not  confined  to  the  settler,  for  as  soon  as  immigrants  arrived 
at  Sutter's  Fort,  they  were  visited  at  once  by  Captain  Granville   Swift  of 
Fremont's  battalion  and  asked  to  volunteer,  which  several  of    them   did. 
Among  these  was  Joseph  Aram,  familiarly  known  in  San  Jose.     He  was 
commissioned  by  Fremont  as  Captain,  and  told  to  proceed  with  some  of  the 
immigrant  families  to  the  Santa  Clara  Mission  rather  than  to  San   Jose,  for 
there  were  more  houses  there,  but  such  was   their  state,  and  owing  to  the 
inclement  Winter,  the  unfortunate  women  and  children  suffered  terribly  and 
no  less  than  fourteen  of  them  died.     Captain  Aram  had  managed  to  form  a 
company  of  thirty-two  men,  whose  head-quarters  he  established  at  Santa 
Clara  for  the  purpose  of  protecting  the  families  there ;  he  thereupon  essayed 
to  place  the  mission  in  a  suitable  state  of  defense,  by  constructing  barricades, 
built  principally  of  wagons,  and  the  branches  of  trees,  for  he  had  learned 
that  Colonel  Sanchez  and  a  body  of  mounted  Californians  were  hovering  in 
the  vicinity.     In  the  month  of  November,  San  Jose  was  formed  into  a  mili- 
tary post  and  sixty  men  with  Messrs.  Watmough  and  Griffin,  under  Lieuten- 
ant Pinkney  of  the  U.  S.  Ship  Savannah,  sent  to  protect  the  inhabitants  in 
the  district.     This  force  left  Yerba  Buena  early  on  the  morning  of  the  1st, 
and  proceeding  by  the  ship's  boats  up  the  bay,  about  sunset,  made  fast  to 
the  shore  and  that  night  camped  on  the  site  of  the  present  town  of  Alviso. 
Dawn  of  the  next  day  found  Lieutenant  Pinkney  and  his  command  on  the 
route,  and  after  a  weary  march,  for  muskets,  bayonets,  cartridges,  provisions 
and  blankets  had  to  be  transported  on  the  men's  backs,  ai-rived  that  after- 
noon at  San  Jose,  when  he  immediately  took  possession  of  the  Juzgado, 
converted  it  into  a  barrack,  placed  a  sentry  on  the  Guadalupe  bridge,  and 
oi'Hered  a  guard  to  patrol  the  streets  throughout  the  night.     He  dug  a  ditch 
around  the  Juzgado  of  two  feet  in  depth  and  one  in  width,  at  about  sixty 
feet  therefrom   in  which  he  di'ove  pickets  seven  or  eight  feet  long.     On  the 
outside  thereof  he  dug  a  five  feet  wide,  and  four  feet  deep  trench,  the  dirt 
from  which  he  threw  against  the  pickets  thus  forming  a  breast- work.     At 
each  corner  he  made  a  gate,  and  on  each   side  mounted  a  guard,  and  other- 
wise made  himself  free  from  surprise  and  attack. 

The  military  freebooter  Sanchez  was  at  this  time  creating  a  reign  of  ter- 


THE    MEXICAN    WAR.  123 

ror  in  the  district  conterminous  to  San  Jose,  neither  man,  horse,  nor  stock 
of  any  kind  being  free  from  his  predatory  band.  Concealing  themselves  in 
thicket  or  ravine  they  were  wont  to  fall  upon  the  u us u .spec ting  traveler, 
who  after  being  robbed  was  too  often  mostly  foully  mui-dered.  In  the 
month  of  December,  184G,  about  the  8th  day,  a  party  u  nder  Lieutenant  W.  A. 
Bartlettof  the  sloop-of-war  Warren  and  fiv^e  men,  among  these  being  Martin 
Corcoran,  afterwards  and  still  a  resident  of  San  Jose,  started  from  Yerba 
Buena  to  purchase  beef  for  the  United  States  Forces.  When  arrived  in  the 
vicinao-e  of  that  localitv  where  now  stands  the  Seventeen-mile  House,  and 
when  in  the  act  of  driving  together  some  cattle,  thirty  of  Sanchez'  men 
rushed  from  an  ambuscade,  captured  them  and  carried  them  otf  to  their 
camp  in  the  redwoods  in  the  Coast  Range  of  mountains;  but  after  a  space 
removing  to  another  portion  of  the  same  chain  in  San  Mateo  county,  he 
increased  his  corps  to  a  hundred  men  and  one  piece  of  artillery — a  six 
pounder — and  commenced  a  succession  of  marauding  expeditions  in  the 
country  between  San  Jose  and  San  Francisco.  Intelligence  reaching  the 
former  place  of  these  depredations  of  Colonel  Sane  hez.  Captain  Weber  with- 
out delay  sounded  the  "call "  to  boot  and  saddle,  and  about  Christmas  Day, 
was  in  full  pur.suit.  Learning,  however,  of  the  recent  addition  to  the  enemy's 
strength  he  avoided  an  encounter  with  a  force  so  much  his  superior  in  num- 
bers and  pushed  on  to  San  Francisco  where  he  reported  to  the  Commandant. 
Still  retaining  his  six  prisoners  under  close  guard,  Sanchez  advanced  into 
the  valley,  by  way  of  the  head  of  the  Bay  of  San  Francisco,  and  called  a 
halt  about  ten  miles  from  San  Jose',  which  place  he  came  to  after  a  rest  of 
forty-eight  hours.  Aware  full  well  that  Weber  and  his  company  were  not 
in  the  town,  and  nothing  remaining  for  its  defense  save  a  few  marines,  he 
thought  that  it  would  fall  before  his  mighty  presence,  even  without  firing  a 
shot,  he  therefore  dispatched  a  note  to  Lieutenant  Pinkney,  calling  upon 
him  to  surrender  and  withdraw  his  men;  in  which  event  the  Americans 
would  be  permitted  to  retire  unmolested ;  should  he  refuse,  an  attack  would 
be  forthwith  made  and  all  put  to  the  sword.  But  Pinkney  w^as  not  to  be 
intimidated  by  such  shallow  bravado.  As  the  sun  sank  into  the  west  on 
that  day  he  formed  his  men  in  line  and  read  to  them  the  arrogant  commu- 
nication of  the  robber  chief,  which  being  ended  he  said  if  there  were  any 
there  who  did  not  wish  to  fight  they  had  full  liberty  to  rejoin  the  ship  at 
San  Francisco.  Such,  however,  happily  is  not  the  spirit  of  the  American 
people  or  their  forces,  else  the  glorious  Union  would  not  be  in  the  lead  of 
nations  as  it  is  to-day.  Pinkney 's  men  raised  their  voices  as  one  man,  and 
elected  to  stay  and  let  Sanchez  do  his  worst,  while  their  gallant  commander 
vehemently  asserted  "  Then,  By  G — d,  Sanchez  shall  never  drive  me  out  of 
here  alive! "  and  then  there  burst  from  the  throats  of  that  handful  of  hei'oes 
one  hoarse  cheer  that  made  the  welkin  ring.      Like  a  true  soldier,  the  Lieu- 


124  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

tenant  gave  not  an  order  the  carrying  out  of  which  he  did  not  personally 
superintend.  He  divided  his  force  into  four  squads,  who  were,  on  the 
alarm  being  sounded,  each  to  press  for  a  particular  side  of  the  breast-work, 
already  arranged  upon;  if,  however,  the  enemy  should  be  found  in  a  body 
trying  to  effect  an  entrance  at  any  one  side,  then  were  the  four  divisions  to 
rush  en  masse  to  that  spot.  That  night  Pinkney  doubled  the  guard,  and  his 
men  slept  on  their  arms.  It  was  his  expectation  to  be  attacked  by  a  force 
immeasurably  superior  to  him  in  numbers,  but  at  dead  of  night  Sanchez 
rode  around  the  pueblo,  reflected  deeply,  and  wisely  determined  that  to  be 
valorous  was  to  be  discreet,  therefore  he  withdrew  his  men,  leaving  our  forces 
in  full  possession.  Mr.  Hall  says  of  Lieutenant  Pinkney  that  he  was  a  tall^ 
well-proportioned  man,  over  six  feet  high,  with  sandy  whiskers  and  hair. 
He  was  as  straight  as  an  arrow,  and  looked  the  soldier  all  over.  His  very 
appearance  showed  where  he  wou  Id  be  in  a  hot  contest.  There  was  not  a 
man  among  his  little  band  that  did  not  have  the  utmost  confidence  in  him. 

Let  us  now  return  and  see  how  fared  it  with  the  prisoners  captured  near 
the  Seventeen-mile  House.  To  try  and  effect  their  release,  the  British  Consul, 
J.  A.  Forbes,  visited  Sanchez'  band,  where  his  brother-in-law  was  serving, 
and  strove  to  obtain  the  liberation  of  the  captives,  but  with  no  success.  After 
a  good  deal  of  palaver,  howevei*,  Sanchez  consented  to  Lieutenant  Bartlett 
being  permitted  to  accompany  Forbes  to  his  residence  in  Santa  Clara,  but  on 
no  account  was  he  to  be  handed  over  to  the  American  authorities,  while,  as 
to  the  other  five,  he  was  willing  that  they  all  should  be  surrendered  to  their 
nationals,  but  Captain  Weber,  who  had,  before  the  commencement  of  hostilities 
between  the  United  States  and  Mexico,  been  in  the  service  of  the  latter  Gov- 
ernment, must  be  given  up  to  him.  Consul  Forbes  transmitted  the  result  of 
his  diplomatic  mission  to  the  commanding  ofiicer  at  San  Francisco,  who 
replied  that  he  unconditionally  refused  such  terms,  and  Bartlett  could  be 
returnedjto  Sanchez. 

A  day  of  reckoning  was  now  fast  drawing  nigh,  for  a  little  army  with  the 
destruction  of  Sanchez  and  his  band  in  view,  was  being  formed  in  San  Fran- 
cisco under  command  of  Captain  Ward  Marston,  of  the  Marine  Corps 
attached  to  United  States  Ship  Savannah.  The  force  was  composed  as  follows 
Assistant  Surgeon  J.  Duvall,  Aid-de-Camp ;  detachment  of  Marines,  under 
Lieutenant  Robert  Tansil,  thirty-four  men  ;  artillery,  one  field-piece,  six- 
pounder,  under  charge  of  Master  William  F.  D.  Gough,  assisted  by  mid- 
shipman John  Kell,ten  men ;  interpreter,  John  Pray.  Mounted  Company  San 
Jos^  Volunteers,  under  command  of  Captain  Charles  M.  Weber,  Lieutenant 
John  M.  Murphy  and  acting  Lieutenant  John  Reed,  thirty-three  men. 
Mounted  Company  of  Yerba  Buena  Volunteers,  under  command  of  William 
M.  Smith,  Lieutenant  John  Rose  ;  with  a  small  detachment,  under  Captain 
J.  Martin,  of  twelve  men,  the  whole  being  in  the  neighborhood  of  one  hun- 
dred men  of  all  arma 


THE    MEXICAN    WAR.  125 

The  little  army  marched  out  of  San  Francisco  on  the  29th  December, 
their  course  being  southward  and  through  the  Santa  Clara  valley.  On  the 
morning  of  January  "1,  1847,  they  came  in  sight  of  the  enemy,  who  upon 
learning  of  their  approach,  had  dispatched  their  six  prisoners,  on  foot,  for  no 
horses  for  them  to  ride  could  be  provided,  into  the  mountains  in  charge  of  an 
escort  of  twelve  men,  who  having  proceeded  a  couple  of  miles,  halted. 

Upon  the  force  of  Americans  coming  up  with  the  enemy,  at  ten  o'clock  in 
the  morning,  orders  were  given  to  open  fire  at  two  hundred  yards'  range 
which  was  done  with  telling  effect,  the  first  one  or  two  volleys  entirely  break- 
ing the  line  in  wdiich  Sanchez  chose  to  fight.  Finding  his  alignment  cut  in 
twain,  Sanchez  wheeled  his  men  so  as  to  bring  each  of  his  sections  on  either 
flank  of  Captain  Marston's  corp.s,  but  still  making  a  retrograde  movement 
while  the  latter  advanced.  Ever  and  anon,  would  the  desperate  Colonel  rally 
his  already  demoralized  troops  in  front,  and  again  wheel  them  on  the  flanks 
of  his  opponents,  thus  alternately  fighting  in  fi'ont  and  on  flank,  but  still 
keeping  up  the  order  of  his  retreat,  for  two  or  three  hours. 

Lieutenant  Pinkney,  from  his  fortified  position  in  San  Jose,  hearing  the 
firing,  gave  orders  for  the  making  of  hundreds  of  cartridges,  and  placed 
everything  in  a  state  of  defense,  in  case  Sanchez  should  be  victorious  and 
come  down  on  the  pueblo,  while  he  waited  anxiously  for  news  of  the  battle, 
for  he  believed  the  Americans  were  outnumbered,  and  had  some  doubt  as  to 
how  the  fortune  of  the  day  might  turn ;  while,  at  the  Santa  Clara  Mission, 
people  crowded  the  roof-tops  and  there  witnessed  the  engagement,  to  which 
place  the  retreat  tended.  Here  Sanchez  w^as  met  by  Captain  Aram,  who 
sallied  out  to  check  his  falling  upon  the  settlements.  Finding  this  new  force 
to  contend  against  he  drew  off",  unwilling  to  renew  a  fight  of  which  he  had 
already  had  too  much,  and  found  his  way  to  the  Santa  Cruz  mountains  whence 
he  dispatched  a  flag  of  truce  and  a  communication  stating  the  terms  on 
which  he  would  surrender.  The  reply  was,  his  surrender  must  be  absolute, 
and  notwithstanding  that  he  said  he  would  die  first,  an  armistice  was  agreed 
upon  and  dispatches  sent  to  the  Commandant,  at  San  Francisco,  asking  for 
instructions. 

Meanwhile  Lieutenant  Pinkney 's  suspense  was  put  to  an  end  by  the  receipt 
of  a  message  as  to  the  outturn  of  the  action,  while  Marston  marched  his  men 
to  the  Santa  Clara  Mission,  where  they  were  received  with  demonstrative  joy 
by  the  American  ladies  and  children  there  assembled.  Captain  Aram  now 
received  permission  to  proceed  in  quest  of  certain  horses  which  had  been 
stolen  from  the  American  settlers  in  the  vallev,  some  of  which  he  knew  to  be 
in  the  cavalcade  of  the  enemy,  and  while  engaged  in  this  duty  he  was 
informed  by  Sanchez  that  another  body  of  United  States  troops  was  on  its  way 
from  Monterey.  This  information  could  scarcely  be  credited  by  the  Captain 
who,  ascending  a  commanding  point,  perceived  the  inteUigence  to  be  con-ect. 


126 


HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 


This  accession  to  the  fighting  strength  of  the  Americans  made  Sanchez  trem- 
ble lest  he  should  be  attacked  by  them,  he  therefore  begged  Aram  to  advance 
and  inform  them  of  the  situation  of  affairs,  which  he  did,  much  to  the  cha- 
grin of  the  new-comers,  who  were  longing  to  have  a  brush  with  the  enemy. 
This  force  was  under  the  command  of  Captain  Maddox  of  the  United  States 
Navy,  and  consisted  of  fifty-nine  mounted  sailors  and  marines. 

The  courier,  sent  to  San  Francisco,  returned  on  the  6th  with  instructions 
to  Captain  Marston  that  the  surrender  of  Sanchez  must  be  unconditional,  a 
copy  of  which  he  transmitted  to  the  Colonel,  whereupon  the  terms  of  capitu- 
lation were  agreed  upon.  Another  reinforcement  arrived  under  Lieutenant 
Grayson  on  the  7th,  and  on  the  8th  Sanchez  and  his  whole  force  laid  down 
their  arms,  and  the  six  anxious  prisoners  were  returned  to  the  hands  of  their 
counti-ymen.  The  Mexican  Colonel  was  taken  to  San  Francisco  and  held  as 
a  prisoner,  for  a  time,  on  board  the  United  States  Ship  Savannah,  while  his 
men  were  permitted  to  return  to  their  respective  homes,  and  thus  the  cur- 
tain is  dropped  upon  the  closing  act  in  the  war-like  drama,  as  enacted  in  the 
northern  part  of  Upper  California  during  the  hostilities  between  the  United 
States  and  Mexico. 

But  one  word  more.  The  reader  will  naturally  understand  that  the 
record  of  these  events  have  been  chiefly  derived  from  works  already  pub- 
lished. This  is  true.  We  do  not  think  it  is  an  evil,  in  a  volume  which  pur- 
ports to  be  a  history,  to  seek  the  aid  of  those  minds  that  have  already  given 
mature  thought  to  an  especial  subject,  therefore  we  now  tender  our  thanks 
to  Frederic  Hall's  "  History  of  San  Jose"  and  Mr.  Lancey's  contribution  to 
The  Pioneer  from  which  a  considerable  portion  of  our  information  has  been 
gleaned. 


LEGISLATIVE    HISTORY.  127 


THE  LEGISLATIVE  HISTORY  OF  SANTA  CLARA  COUNTY. 


Organization — orkunal  county  boundary — court  ok  se.ssion.s — oriuinal  townshii's — 
washington — san  jose— gilroy  —  santa  clara  —  redwood — board  of  supervisors — 
present  county  boundary — present  townships — fremont — redwood — (jilroy — bur- 
neit — imllpitas — alvtso — santa  clara — new  almadkn — san  jose — school  districts — 

election  districts — road  districts — court  of  sessions  and  board  of  supervlsors 

post-offices — county  buildings. 

Political  History — Mexican   government — u.  s.  MiLriARV  (jovernment — constitutional 

CONVENTION SAN  JOSE  THE  STATE    CAPITAL — MEMBERS    OF    FIKST    LEGISLATURE — GOVERNOR 

BURNETT  ASSUMES  OFFICE — STATE  CAPITAL  REMOVED — JUDICIAL  DISTRICTS — COUNTY  COURT 
COURT  OF  SESSIONS — HOW  COMPOSED — DEATH  OF  PRESIDENT  Z.  TAYLOR — DATE  FOR  ELEC- 
TIONS    ESTABLISHED — FINANCIAL     STATEMENT — CENSI'S ROBBERY    OF    COUNTY    TREASURY 

INSTALMENT  PAID  FOR  STATE  HOUSE — DEBT  OF  ALAMEDA  COUNTY INDIGENT  SICK VAGRANTS 

— SANTA  CLARA  VALLEY  AGRICULTURAL  SOCIETY — TREASURER'S  STATEMENT — SUBSCRIPTION 
TO  .SAN  FRANCI.SCO  AND  SAN  JOSE  RAILROAD  COMPANY — SAN  JOSE  AND  ALVI.SO  TURNPIKE 
COMPANY — MILITIA— AMENDMENTS  TO  CON.STITUTION — SANTA  CRUZ  GAP  TURNPIKE  JOINT 
STOCK  COMPANY — POUND — SUPERVISORAL  TERMS — ^TOWN  OF  .SANTA  CLARA  INCORPORATED — 
MECHANICAL,   AGRICULTURAL,     AND     MINING     COLLEGE — TREASURY    AciAIN     ROBBED— TOWN 

OF   GILROY    INCORPORATED STREET    CARS WATER    COMPANY — SMALL-POX DEATH  OF  LOUTS 

PREVOST — TAXATION — SEAL    OF    SUPERVISORS — COUNTY  BONDS ALLOWANCE  FOR    MILEAGE 

GAME   LAWS — VACCINATION — DOG    TAX — ATTEMPT   OF   I.  O.    G.    T.  TO   INCREASE  TAX   ON   SALE 

OF  LIQUORS LADIES  BENEVOLENT    SOCIETY — BAR    ASSOCIATION — RECORDS     PHOTOGRAPHED 

MOTION  TO  LET  OUT  CERTAIN  ROADS — TRIVIAL  PROSECUTIONS — NEW  CONSTITUTION — VOTE — 
NAMES  OF  DELEGATES — ".IAMESTOWN" — GLANDERS —TRIBUTE  OFH.  PHILIP  TO  COUNTY 
OFFICERS — POLITICAL  CONVENTIONS — COUNTY  VOTE — TABLE  OF  COUNTY  OFFICERS. 


The  Organization  of  the  County. — The  first  organization  of  counties 
in  the  United  States  originated  in  Virginia,  her  early  settlers  becoming  pro- 
prietors of  vast  amounts  of  land,  living  apart  in  patrician  splendor,  imperious 
in  demeanor,  aristocratic  in  feeling,  and  being  in  a  measure  dictators  to  the 
laboring  portion  of  the  population.  It  will  thus  be  remarked  that  the  mate- 
rials for  the  creation  of  towns  were  not  at  hand,  voters  being  but  sparsely 
distributed  over  a  great  area.  The  county  organization  was,  moreover,  in 
perfect  accord  with  the  traditions  and  memories  of  the  judicial  and  social 
dignities  of  Great  Britain,  in  descent  from  which  tliey  felt  so  much  glory. 
In  1634  eight  counties  were  established  in  Virginia,  a  lead  which  was  fol- 
lowed by  the  Southern  and  several  of  the  Northern  States,  save  in  those  of 
South  Carolina  and  Louisiana,  where  districts  were  outlined  in  the  former, 
and  parishes,  after  the  manner  of  the  French,  in  the  latter. 

In  New  England,  towns  were  formed  before  counties,  while  counties  were 
organized  before  States.  Originally,  the  towns,  or  townships,  exercised  all 
the  powers  of  government  swayed    by   a    State.     The    powers  afterwards 


128  HISTORY   OF   SANTA    CLARA    COUNTY,    CALIFORNIA. 

assumed  by  the  State  governments  were  from  surrender  or  delegation  on  the 
part  of  towns.  Counties  were  created  to  define  the  jurisdiction  of  courts  of 
justice.  The  formation  of  States  was  a  union  of  towns,  wherein  arose  the 
representative'system ;  each  town  being  represented  in  the  State  Legislature, 
or  Genei-al  Court,  by  delegates  chosen  by  the  freemen  of  the  towns  at  their 
stated  meetings.  The  first  town  meeting  of  which  we  can  find  any  direct 
evidence,  was  held  by  the  congregation  of  the  Plymouth  Colony,  on  March 
23,  1621,  for  the  purpose  of  perfecting  military  arrangements.  At  that 
meeting  a  Governor  was  elected  for  the  ensuing  year;  and  it  is  noticed  as  a 
coincidence,  whether  from  that  source  or  otherwise,  that  the  annual  town 
meetings  in  New  England,  and  nearly  all  the  other  States,  have  ever  since 
been  held  in  the  Spring  of  the  year.  It  was  not,  however,  until  1G35,  that 
the  township  system  was  adopted  as  a  quasi  corporation  in  Massachusetts. 

The  first  legal  enactment  concerning  this  system  provided  that,  Whereas, 
"particular  towns  have  many  things  which  concern  only  themselves,  and  the 
ordering  of  their  own  affairs,  and  disposing  of  business  in  their  own  towns; 
therefore  the  freemen  of  every  town,  or  the  major  part  of  them,  shall  only 
have  power  to  dispose  of  their  own  lands  and  woods,  with  all  the  appurte- 
nances of  said  towns;  to  grant  lots  and  to  make  such  orders  as  may  concern 
the  well  ordering  of  their  own  towns,  not  repugnant  to  the  laws  and  orders 
established  by  the  General  Court.  They  might  also  impose  fines  of  not  more 
than  twenty  shillings,  and  choose  their  own  particular  ofiicers,  as  constables, 
surveyors  for  the  highways,  and  the  like."  Evidently  this  enactment  relieved 
the  General  Court  of  a  mass  of  municipal  details,  without  any  danger  to  the 
powers  of  that  body  in  controlling  general  measures  of  public  policy.  Prob- 
ably, also,  a  demand  from  the  freemen  of  the  towns  was  felt,  for  the  control 
of  their  own  home  concerns. 

The  New  England  colonies  were  first  governed  by  a  "  General  Court,"  or 
Legislature,  composed  of  a  Governor  and  small  council,  which  court  con- 
sisted of  the  most  influential  inhabitants,  and  po-ssessed  and  exercised 
both  legislative  and  judicial  powers,  which  were  limited  only  by  the 
wisdom  of  the  holders.  They  made  laws,  ordered  their  execution,  elected 
their  own  officers,  tried  and  decided  civil  and  criminal  causes,  enacted  all  man- 
ner of  municipal  regulations;  and,  in  fact,  transacted  all  the  business  of  the 
colony. 

This  system  which  was  found  to  be  eminently  successful,  became  general, 
as  territory  was  added  to  the  Republic,  and  States  formed.  Smaller  divisions 
were  in  turn  inaugurated  and  placed  under  the  jurisdiction  of  special  offisers, 
whose  numbers  were  increased  as  time  developed  a  demand,  until  the  sys- 
tem of  township  organization  in  the  United  States  is  a  matter  of  just  pride 
to  her  people. 

Let  ua  now  consider  this  topic  in  regard  to  the  especial  subject  under 
review : — 


■■ryj?; 


0^ '  Wy'^^^^k 


i^i 


^^t^^7t^^i^ 


LEGISLATIVE    HISTORY.  120 

Ou  the  acquisition  of  California  by  the  Government  of  the  United  States, 
under  a  treaty  of  peace,  friendship,  limits,  and  settlement  with  the  Mexican 
Republic,  dated  Guadalupe  Hidalo-o,  February  2,  1848,  the  boundaries  of  the 
State  were  defined.  This  treaty  was  ratified  by  the  President  of  the  United 
States,  on  March  16,  1848;  exchanged  at  Queretaro,  May  30th,  and  finally 
promulgated  July  4th,  of  the  same  year,  by  President  Polk,  and  attested  by 
Secretary  of  State,  James  Buchanan.  In  1849  a  Constitutional  Convention 
was  assembled  in  Monterey,  and  at  the  close  of  the  session,  on  October  12th, 
a  proclamation  calling  upon  the  people  to  form  a  government  was  issued  "  to 
desiornate  such  ofhcers  as  thev  desire  to  make  and  execute  the  laws;  that  their 
choice  may  be  wisely  made,  and  that  the  government  so  organized  may 
secure  the  permanent  welfare  and  happiness  of  the  people  of  the  new  State, 
is  the  sincere  and  earnest  wish  of  the  present  executive,  who,  if  the  Con.sti- 
tution  be  ratified,  will  with  pleasure,  surrender  his  powers  to  whomsoever 
the  people  may  designate  as  his  successor."  This  historical  document  bore 
the  signatures  of  "  B.  Riley,  Bvt.  Brig.  General  \U.  S.  A.,  and  Governor  of 
California,  and  official — H,  W.  Halleck,  Bvt.  Capt.  and  Secretary  of  State." 

In  accordance  with  Section  fourteen  of  Article  twelve  of  the  Constitution, 
it  was  provided  that  the  State  be  divided  into  counties,  and  Senatorial  and 
Assembly  districts,  while  the  first  session  of  the  Legislature,  which  began 
at  San  Jose,  on  December  15,  1849,  passed,  on  February  18,  1850,  "An 
Act  subdividing  the  State  into  counties  and  establishing  seats  of  justice 
therein."  This  Act  was  finally  confirmed,  April  25,  1851,  and  directed  the 
boundaries  of  Santa  Clara  to  be  as  follows: — 

Original  County  Boundary.  —  Beginning  at  the  mouth  of  Alameda 
creek,  and  running  up  the  middle  of  said  creek  to  its  source  in  the  Coast 
Range ;  thence  in  a  .south-easterly  direction,  following  the  summit  of  the 
Coast  Range,  to  the  north-east  corner  of  Monterey  county  ;  thence  in  a 
westerly  direction,  following  the  northern  boundary  of  Monterey  county, 
to  the  south-east  corner  of  Santa  Cruz  county;  thence  in  a  north-westerly 
direction,  following  the  summit  of  the  Santa  Cruz  mountains,  to  the  head  of 
San  Francisquito  creek;  thence  down  the  middle  of  said  creek,  to  its  mouth; 
and  thence  in  a  direct  line  to  the  mouth  of  Alameda  creek,  which  was  the 
place  of  beginning.  It  was  then  directed  that  the  seat  of  justice  should  be  at 
San  Jos^. 

Court  of  Sessions. — On  April  11,  1850,  An  Act  of  the  Legislature  was 
passed,  organizing  a  Court  of  Sessions,  which  defined  its  composition  as 
follows: — 

The  Court  consisted  of  the  County  Judge,  who  should  preside  at  its 
sessions,  assisted  by  two  Justices  of  the  Peace  of  the  county  as  Associate 
Justices,  they  being  chosen  by  their  brother  Justices  from  out  of  the  whole 
9 


130  HISTORY    OF    SANTA    CLABA    COUNTY,    CALIFORNIA. 

number  elected  for   the  county.      The  duties  imposed  upon  this  organization 
were  multifarious.      They  made  such  orders   respecting  the  property  of  the 
county  as  they  deemed  expedient,  in  conformity  with  the  laws  of  the  State, 
and  in  them  were  vested  the  care  and  preservation  of  said  property.     They 
examined,  settled,  and   allowed  all  accounts  chargeable  against  the  county  • 
directed  the    raising  of  such    sums  for  the   defraying  of  all  expenses  and 
charges   against  the   county,   by  means  of  taxation  on    property,  real  and 
personal,  such  not  to  exceed,  however,  the   one-half  of  the  tax  levied  by  the 
State  on  such  property ;  to    examine  and   audit  the  accounts  of  all  officers 
having  the  care,    management,  collection  and   disbursement  of  any  money 
belonging  to  the  county,  or   appropriated  by  law,  or  otherwise,  for  its  use 
and  benefit.     In  them  was  the  power  of  control  and  management  of  public 
roads,  turnpikes,  fences,  canals,  roads  and  bridges  within  the  county,  where 
the  law  did  not  prohibit  such  jurisdiction,  and  to  make  such  orders  as  should 
be  requisite  and  necessary  to  carry  such  control  and  management  into  effect; 
to  divide  the  county  into  townships,  and  to  create  new  townships,  and  change 
the  division  of  the  same   as  the  convenience  of  the  county  should  require. 
They  established  and   changed  election  precincts;  controlled  and  managed 
the  property,  real  and  personal,  belonging  to  the  county,  and  purchased  and 
received  donations  of  property  for  the  use  of  the  county,  with  this  proviso, 
that  they  should  not    have   the  power   to   purchase  any  real  or  personal 
property,  except    such    as   should  be  absolutely  necessary  for  the  use  of  the 
county.     To  sell  and  cause  to  be  conveyed,  any  real  estate,  goods  or  chattels 
belonging  to  the  county,  appropriating  the  funds  of  such  sale  to  the  use  of 
the  same.     To  cause  to  be  erected  and  furnished,  a  Court  House,  jail,  and 
other  buildings,  and  to  see  that  the  same  be  kept  in  repair,  and  otherwise 
to  perform  all  such  other  duties  as  should  be  necessary  to  the  full  discharge 
of  the  powers  conferred  on  such  ^court.     Terms  were  ordered  to  be  held  on 
the  second  Monday  of  February,  April,  June,  August,  October  and  Decem- 
ber, with  quarterly  sessions  on  the  third  Monday  of  February,  May,  August 
and  November  of  each  year. 

The  first  Court  of  Sessions  of  Santa  Clara  was  organized  on  April  23, 
1850,  by  J.  W.  Kedman,  County  Judge,  and  H.  C.  Melone,  County  Clerk, 
when  the  county  was  divided  into  five  townships,  viz.: — 

Original  Townships. — Washington,  San  Jos(i,  Gilroy,  Santa  Clara,  and 
Redwood,  with  the  following  boundaries: — 

Washington. — Commencing  at  the  old  Santa  Clara  bridge  on  the  Guada- 
lupe river,  and  running  a  north-easterly  line  to  the  county  line;  all  north  of 
this  line  bounded  on  the  west  by  Guadalupe  river  shall  constitute  this 
township. 

San  Jose. — On  the  north   by  Washington  township;  on  the  east  by  the 


LEGISLATIVE    HISTORY.  131 

county  line;  on  the  south  by  a  soutli-west  line  to  the  head  of  the  Laguna 
south  of  Captain  Fisher's  house  ;  thence  to  the  (Juadalupe  river  so  as  to 
embrace  the  New  Almaden  mine ;  thence  to  the  county  line  to  Grape  creek; 
thence  down  Grape  creek  to  the  Guadalupe  river  ;  thence  down  the  Guada- 
lupe to  the  lower  Santa  Clara  bridge,  or  place  of  beginning. 

Gilroy. — Is  composed  of  all  that  part  of  the  county  lying  south  of  San 
Jose  township. 

Santa  Clara. — Commencing  at  the  Santa  Cruz  crossing  on  Grape  creek, 
and  running  thence  in  a  direct  line  to  the  "  Alviso  Corral;"  thence  in  a 
direct  line  to  "Rodriguez'  Rancho  "  to  the  western  line  of  the  county,  so  as 
to  leave  "Rodriguez"'  house  in  the  "Red  Woods;"  thence  along  the  county 
line  to  the  Bay  of  San  Francisco;  thence  along  the  bay  to  the  mouth  of 
the  Guadalupe  river  ;  thence  up  the  Guadalupe  to  the  mouth  of  Grape 
creek ;  thence  up  Grape  creek  to  the  place  of  beginning. 

Redivood. — Is  composed  of  all  that  part  of  the  count}^  Ivi'^o  south-east  of 
Santa  Clara  township. 

In  May,  1850,  however,  the  limits  of  Washington  township  were  extended 
so  as  to  embrace  all  of  Alviso,  while,  on  August  18,  1851,  the  township  of 
Redwood  was  abolished  altos^ether  and  declared  annexed  to  that  of  Santa 
Clara.  This  disti'ibution  of  districts  was  still  found  to  be  too  unwieldy, 
therefore  out  of  the  above-named  partitions  the  townships  of  Fremont,  Alviso, 
Burnett,  and  Almaden  were  created. 

Board  of  Supervisors.  —  Thus  for  tv/o  years  was  the  county  and  its 
distributions  allowed  to  remain  under  the  official  guidance  of  the  Court  of 
Sessions;  but  in  the  year  1852,  a  new  phase  of  government  was  inaugurated 
in  pursuance  of  an  Act  of  the  Legislature  approved  May  3d  of  that  year. 
This  was  no  less  than  the  taking  away  from  that  august  body  their  non-legal 
duties  and  the  transfer  of  them  to  a  Board  of  Supervisors.  For  Santa  Clara 
county  there  were  to  be  elected,  on  the  second  Monday  in  June,  five  of  these 
officials,  who  held  their  first  session  in  the  Court  House  in  San  Jose,  July  5, 
1852,  there  being  present  Isaac  N.  Senter,  Jacob  Grewell,  Fred.  E.  Whiting, 
and  William  E.  Taylor,  Mr.  Senter  being  unanimously  elected  Chairman  of 
the  Board  of  Supervisors  of  Santa  Clara  county.  Among  the  first  of  their 
recorded  acts  we  find  was  the  ordering  that  the  Sheriff  take  charge  of  the 
Court  House,  and  suffer  no  "  Dances,  Balls,  or  Shows "  to  be  had  therein, 
unless  a  sufficient  sum  of  money  be  paid  him  therefor  to  employ  a  good  and 
responsible  man  or  men  to  watch  and  take  care  of  the  same  during  the  time 
the  house  is  so  used. 

Present  County  Boundary. — In  accordance  with  a  petition  dated  March 
10,  1853, of  the  citizens  of  Santa  Clara  and  Contra  Costa,  anew  county  was 
formed  and  called  Alameda,  the   territory  contributed  by  the  first  named 


132  HISTORY   OF   SANTA   CLARA   COUNTY,    CALiFORNIA- 

being-  that  alluded  to  above  as  Washington  township.  The  Act  establishing' 
the  same  defined  the  new  boundaries,  which  obtain  to-day,  as:  Beginning  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  Bay  of  San  Francisco 
at  its  head,  making  into  the  mainland  in  front  of  the  Gegara  ranchos;  thence 
easterly  to  a  lone  sycamore  tree  that  stands  in  a  ravine  between  the  dwell- 
ings of  Fluhencia  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  Ransre;  thence  south- 
easterly,  following  the  summit  of  the  Coast  Range  to  the  north-east  corner 
of  Monterey  county ;  thence  westerly,  following  the  northern  boundary  of 
Monterey  county  to  the  south-east  corner  of  Santa  Cruz  county;  thence 
north-westerly,  following  the  summit  of  the  Santa  Cruz  mountains,  to  the 
head  of  San  Francisquito  creek ;  thence  down  said  creek  to  its  mouth ;  thence 
in  a  direct  line  to  the  place  of  beginning:  the  territory  thus  defined  con- 
taining in  all  an  approximate  area  of  one  thousand  three  hundred  square 
miles. 

Since  the  passage  of  the  Act  of  the  Legislature  of  which  the  foregoing' 
boundaries  are  the  substance,  granite  monuments  have  been  put  in  position 
.^long  the  line  separating  Santa  Clara  from  Alameda;  the  south  line  has  not 
been  materially  changed,  although  San  Benito  county  has  been  formed  out 
-of  the  eastern  portion  of  Monterey,  while  its  eastern  line,  that  separating  it 
from  Stanislaus,  on  account  of  excessive  topogi-aphical  difficulties,  has  never 
been  definitely  described  ;  hence  the  precise  area  of  the  county  still  remains  a 
matter  ■of  some  doubt. 

Present  Townships. — The  townships  now  contained  within  the  limits  of 
rSanta  Clara  county  may  be  described  as  Fremont  in  the  north-west,  Red- 
wood in  the  west,  Gilroy  in  the  south,  Burnett  in  the  east.  Mil  pitas  in  the 
north-east,  Alviso  in  the  north,  Santa  Clara  in  the  northern  center,  Almaden 
in  the  western  center,  and  San  Jose  in  the  center  and  east.  Save  with  a  few 
slio-ht  modifications  which  it  has  been  found  necessary  to  make  in  late  years, 
the  boundaries  of  these  are  as  follows : — 

Fremont. — Commencing  at  a  point  upon  the  Santa  Cruz  mountains  at  the 
corner  of  the  counties  of  Santa  Cruz,  San  Mateo,  and  Santa  Clara,  and  run- 
nino-  thence  down  the  channel  of  the  San  Francisquito  creek,  which  is  the 
boundary  between  the  counties  of  Santa  Clara  and  San  Mateo,  to  its  mouth  in 
the  Bay  of  San  Francisco ;  thence  following  the  shore  of  the  said  bay  easterly 
to  the  mouth  of  Guadalupe  river;  thence  up  the  channel  of  the  said  Guada- 
lupe river  two  miles,  more  or  less,  to  a  point  at  the  intersection  of  the  United 


LEGISLATIVE   HISTORY.  133 

States  township  line  between  townsliip  six  south,  range  one  and  two  west; 
thence  due  south  on  said  township  line,  through  Martin  Murphy's  rancho, 
seven  and  one-half  miles,  more  or  less,  to  its  intersection  with  the  county- 
road  running  from  San  Jos^  west  to  the  mountains,  at  a  point  upon  the 
westei'n  boundary  of  the  Ranclio  Tito  or  Quito,  said  road  being  the  one 
which  passes  Rucker's,  Blaburn's,  and  Craft's;  thence  three  miles  west  along 
the  line  of  said  road,  as  surveyed  by  the  County  Surveyor,  to  its  intersection 
with  the  Arroyo  Cupertino  or  Stevens'  creek,  one-half  mile  below  Captain 
Stevens'  old  house;  thence  up  the  channel  of  said  arroyo  to  its  source  in  the 
Santa  Cruz  mountains;  thence  due  south  to  the  summit  of  said  mountains, 
which  is  the  boundary  between  the  counties  of  Santa  Cruz  and  Santa  Clara; 
thence  north-westerly,  following  the  said  boundary  along  the  summit  or 
water  divide  of  said  mountains  ten  miles,  more  or  less,  to  the  place  of  begin- 
ning. 

Redivood. — Commencing  at  a  point  upon  the  Arroyo  de  Cupertitio  or  Ste- 
vens' creek,  where  the  roail  from  San  Jos^  west  to  the  mountains,  which 
passes  Rucker's,  Blaburn's,  and  Crafts',  as  surveyed,  crosses  the  same,  and 
running  up  the  said  Stevens'  creek  to  its  source  in  the  mountains;  thence 
due  south  to  a  point  upon  the  summit  or  water  divide  of  the  said  Santa  Cruz 
mountains,  at  the  southern  corner  of  Fremont  township;  thence  south-east- 
erly, following  the  said  water  divide,  which  is  the  boundary  between  the 
counties  of  Santa  Clara  and  Santa  Cruz,  twelve  miles,  more  or  less,  to  the 
south-west  corner  of  New  Almaden  township,  which  point  is  upon  the  sum- 
mit of  said  mountains,  about  two  miles  south-easterly  from  the  crossing  of 
the  Santa  Clara  and  Santa  Cruz  turnpike  road;  thence  due  north  to  the 
south-east  co)'ner  of  the  Rancho  Rincohada  de  los  Gatos  or  Hernandez  Ran- 
cho; thence  northerly,  following  the  eastern  boundary  of  said  rancho,  as 
patented,  to  the  most  northern  corner  thereof,  upon  the  Arroyo  San  Tomas 
Aquino ;  thence  northerly  along  the  eastern  boundary  of  the  Rancho  de  Tito 
or  Quito,  as  finally  surveyed  by  C.  C.  Tracy,  United  States  Deputy  Surveyor, 
two  miles,  more  or  less,  to  the  aforesaid  road  from  San  Jose  west  to  the 
mountains ;  thence  due  west  along  said  road  to  the  place  of  beginning. 

Gilroy. — Commencing  at  a  point  in  the  summit  of  the  Coast  Range  of 
mountains,  at  the  corner  of  the  counties  of  Santa  Clara,  Monterey,  Stanis- 
laus, and  Merced,  and  running  thence  northerly  along  the  summit  of  the 
Coast  Range,  which  is  the  line  between  the  counties  of  Santa  Clara  and  Stan- 
islaus, ten  miles,  more  or  less,  to  the  south-east  corner  of  Burnett  township; 
thence  due  west  along  the  line  of  said  Burnett  township  to  the  south-west 
corner  thereof;  thence  due  south  one  mile,  more  or  less,  to  the  south-east  cor- 
ner of  Almaden  township;  thence  south-easterly  along  the  summit  of  the 
Santa  Cruz  mountains,  following  the  boundary  line  between  the  counties  of 


•134  HISTORY    OF    SANTA   CLARA    COUNTY,    CALIFORNIA. 

Santa  Clara  and  Santa  Cruz,  to  the  line  of  Monterey  county  upon  the  Pajaro 
river ;  thence  up  the  said  river,  following  the  boundary  line  between  the 
counties  of  Monterey  and  Santa  Clara  to  the  Lake  San  Felipe ;  thence  along 
the  northern  shore  of  said  lake  to  the  monument  erected  at  the  mouth  of  the 
San  Felipe  creek,  about  two  miles  below  Pacheco's  house  upon  the  last-named 
county  boundary;  thence  due  east,  continuing  upon  said  boundary,  passing 
about  one  mile  south  of  the  houses  of  Fine  and  Thomas,  eleven  miles,  more 
or  less,  to  the  place  of  beginning. 

Burnett. — Commencing  at  a  puint  upon  the  summit  of  the  Coast  Range 
of  mountains  at  the  south-east  corner  of  San  Jos^  township,  and  running 
thence  due  west  along  the  line  of  said  township  to  the  boundary  line  of  the 
Yerba  Buena  Rancho,  and  thence  following  the  south-eastern  boundary  of 
San  Jose  township  to  the  corner  of  Almaden  township,  and  thence  southerly 
along  the  eastern  boundary  of  Almaden  township  to  its  intersection  with 
the  United  States  township  line  between  townships  nine  and  ten  south, 
range  one  east,  said  point  being  about  one  mile  north  of  the  south-east  cor- 
ner of  Almaden  township,  on  the  summit  of  the  Santa  Cruz  mountains  ; 
thence  due  east  upon  the  United  States  township  line  passing  south  of  the 
Twenty-one-mile  House  upon  the  Monterey  road,  to  the  summit  of  the  Coast 
Range  of  mountains,  at  a  point  about  three  miles  northerly  from  the  crossing 
of  the  Overland  mail  road  through  Pacheco's  pass;  thence  north-westerly 
alongf  the  summit  of  said  Coast  Range,  which  is  the  boundarv  between  the 
counties  of  Santa  Clara  and  Stanislaus,  fifteen  miles,  more  or  less,  to  the 
place  of  beginning. 

Miljntas. — Commencing  at  the  corner  of  the  boundary  line  between  the 
counties  of  Santa  Clara  and  Alameda,  at  the  head  of  the  Coyote  slough,  so 
called,  and  running  thence  north-easterly  along  the  said  county  boundary,  to 
the  north-eastern  corner  of  Santa  , Clara  county,  upon  the  summit  of  the 
Coast  Range  of  mountains,  said  jpoint  being  also  the  south-east  corner  of 
Alameda  county  ;  thence  southerly  following  the  water  divide  of  said  mount- 
ains, which  is  the  boundary  line  between  the  counties  of  Stanislaus  and  Santa 
Clara,  eight  miles,  more  or  less,  to  the  point  where  the  United  States  town- 
ship line  between  townships  six  and  seven  south,  range  five  east,  if  pro- 
duced, would  crown  said  mountains ;  thence  due  west  along  said  line,  fifteen 
miles,  more  or  less,  to  the  north-eastern  boundary  of  the  Rancho  Canada  de 
Pala ;  thence  along  said  boundary  as  finally  surveyed,  north-westerly,  to  the 
source  of  the  Arroyo  del  Aguag  or  Penetencia  creek,  thence  down  the  channel 
of  said  arroyo,  following  the  course  which  it  takes  in  the  wet  season,  through 
the  willows  in  the  vicinity  of  Richardson's  and  James  Murphy's,  passing 
the  town  of  Milpitas,  to  the  place  of  beginning,  being  the  whole  course  of 
said  stream,  from  its  source  in  the  mountains  nearly  to  its  mouth  at  the  head 
of  Coyote  slough. 


LEGISLATIVE    HISTORY.  135 

Alviso. — Commencing  at  the  mouth  of  the  Guadalupe  river  upon  the  Bay  of 
San  Francisco,  and  running  up  the  channel  of  said  river  to  the  old  Spanish 
brid^'e,  so  called,  said  bridjje  beinof  about  one  and  one-half  miles  above  Lick's 
mill ;  thence  north-easterly  along  the  boundary  of  the  Rancho  Rincon  de  los 
Esteros,  or  Alviso  Rancho,  along  which  boundary  a  county  road  has  been 
located,  to  the  Penetencia  creek,  near  John  Trimble's ;  thence  down  to  the 
channel  of  said  Penetencia  creek  to  its  mouth  in  the  Coyote  slough,  so  called; 
thence  down  the  said  slough,  and  along  the  shore  of  the  Bay  of  San  Fran- 
cisco to  the  place  of  beginning. 

Santa  Clara. — Commencing  at  a  point  upon  the  Guadalupe  riv^er,  at  the 
old  Spanish  bridge,  so  called,  before  described  as  the  corner  of  Alviso  town- 
ship, and  running  thence  down  the  channel  of  said  river  to  the  point  before 
described  as  the  corner  of  Fremont  township,  where  the  United  States 
township  line,  between  townships  one  and  two  west,  inter.sects  said  river  ; 
thence  due  south  on  said  line,  being  also  the  line  of  Fremont  township, 
seven  and  one-half  miles,  more  or  less,  to  the  road  described  as  the  county 
road  running  from  San  Jose  west  to  the  mountains,  at  the  corner  of  Fremont 
township;  thence  due  east  upon  the  line  of  said  road  passing  Blaburn's, 
Craft's  and  Rucker's,  to  the  point  where  the  eastern  boundary  line  of  the 
final  survey  of  the  Rancho  de  Tito  or  Quito,  confirmed  to  one  of  the  Alvisos, 
crosses  said  road ;  thence  southerly  along  said  boundary,  passing  the  Bland 
place,  two  miles,  more  or  less,  to  the  corner  of  the  Rancho  Rincofiada  de  los 
Gatos,  or  Hernandez  Rancho,  said  corner  being  upon  the  Arroyo  San  Tomas 
Aquino,  near  the  old  residence  of  the  late  Sebastian  Peralta;  thence  south- 
erly along  the  boundary  of  the  final  survey  of  the  said  Rancho  de  Rincofi- 
ada de  los  Gatos,  to  the  point  where  said  line  crosses  the  Arroyo  de  los  Gatos; 
thence  down  the  channel  of  the  said  Arroyo  de  los  Gatos,  two  and  one- 
quarter  miles,  more  or  less,  to  the  point  where  the  Mount  Diablo  meridian 
line  of  the  United  States  township  surveys  crosses  said  arroyo ;  thence  due 
north  upon  said  meridian  line,  five  miles,  more  or  less,  to  the  point  upon  the 
Guadalupe  river,  where  said  line  crosses  the  same  near  Kennedy's  old  place 
upon  the  Stockton  Rancho ;  thence  down  the  channel  of  said  river,  two  and 
one-half  miles,  more  or  less,  to  the  place  of  beginning. 

Neiv  Ahnaden. — Commencing  at  a  point  upon  the  Arroyo  de  los  Gatos, 
where  the  eastern  boundary  of  the  Rancho  Rincofiada  de  los  Gatos 
or  Hernandez  Rancho,  as  patented,  crosses  the  same,  and  running  thence, 
southerly,  along  said  boundary  of  said  rancho,  as  finally  surveyed,  four  miles, 
more  or  less,  to  the  south-east  corner  of  said  rancho,  near  James  F.  Kennedy's; 
thence  due  south  to  a  point  upon  the  summit  of  the  Santa  Cruz  mountains, 
about  two  miles  easterly  from  the  place  where  the  turn[)ike  road  from  Santa 
Clara  to  Santa  Cruz  crosses  said  mountains ;  running  thence  south-easterly 


136  HISTORY    OF    SANTA    CLARA   COUNTY,    CALIFORNIA. 


along  the  summit,  or  water  divide,  of  said  mouniains,  which  is  the 
boundary  between  Santa  Clara  and  Santa  Cruz,  seven  miles,  more  or  less,  to 
the  corner  of  Gih'oy  township ;  thence  due  north  to  the  source  of  the  Arroyo 
de  los  Alamitos ;  thence  down  the  said  arroyo,  passing  the  Hacienda  of  the 
New  Almaden  mines,  to  its  junction  with  the  Guadalupe  Seca;  thence  down 
the  last-named  arroyo  to  its  junction  with  the  Arroyo  de  los  Capitancillos  ; 
thence  up  the  last-named  stream,  one  and  one-half  miles,  more  or  less,  to  the 
corner  upon  said  stream  of  the  Rancho  de  San  Juan  Bautista,  or  Narvaez 
Rancho,  as  finally  surveyed  by  Charles  T.  Healy,  United  States  Deputy 
Surveyor;  thence  north-westerly  along  the  boundary  line  of  said  rancho  to 
the  most  westerly  corner  thereof,  upon  the  Arroyo  de  los  Gatos;  thence  up 
the  last-named  stream,  one  and  one-quarter  miles,  more  or  less,  to  the  place 
of  beginning. 

San  Jose. — Commencing  at  the  old  Spanish  bridge  upon  the  Guadalupe 
river,  before  described  as  the  corner  of  Alviso  township,  and  running  thence 
up  the  said  river  two  and  a  half  miles,  more  or  less,  to  the  point  where  the 
meridian  of  Mount  Diablo  crosses  said  river  near  the  old  residence  of  Mr. 
Kennedy  on  the  Stockton  Rancho;  thence  due  south  upon  said  meridian 
line  to  the  Arroyo  de  los  Gatos;  thence  up  the  channel  of  said  arroyo,  one 
and  one-quarter  miles,  more  or  less,  to  the  corner  of  the  Rancho  San  Juan 
Bautista,  or  Narvaez  Rancho,  as  finally  surveyed  by  Charles  T.  Healy, 
United  States  Deputy  Surveyor;  thence  south-easterly  along  the  boundary 
of  said  survey  to  the  corner  of  said  rancho,  upon  the  Arroyo  de  los  Capitan- 
cillos; thence  down  said  stream  to  its  junction  with  the  Arroyo  Guadalupe 
Seca,  at  the  junction  of  the  roads  from  the  New  Almaden  and  Guadalupe 
mines  to  San  Jose;  thence  up  the  channel  of  the  said  Arroyo  Guadalupe 
Seca  to  its  j  unction  with  the  Arroyo  de  los  Alamitos,  which  comes  in  from 
the  direction  of  the  Almaden  mines ;  thence  north-easterly  in  a  straight  line 
to  the  most  north-western  corner  of  the  Rancho  de  la  Laguna  Seca,  or  Fish- 
er's Rancho,  as  finally  surveyed  by  A.  W.  Thompson,  United  States  Deputy 
Surveyor :  thence  north-easterly  along  the  boundary  of  said  rancho  to  the 
Coyote  river,  three-fourths  of  a  mile,  more  or  less,  below  the  Twelve-mile 
House,  upon  the  Monterey  road,  said  point  being  also  a  corner  of  the  Rancho 
de  Yerba  Buena,  confirmed  to  Antonia  Chabolla;  thence  north-easterly,  follow- 
ing the  boundai-y  of  said  Rancho  of  Chabolla,  as  patented,  five  miles,  more 
or  less,  to  its  intersection  with  the  United  States  township  line  between 
townships  seven  and  eight,  range  three  east,  and  running  thence  due  east 
upon  said  township  line,  passing  through  the  valley  called  Caiiada  de  San 
Felipe,  to  the  point  upon  the  summit  of  the  Coast  Range  of  mountains,  where 
said  United  States  township  line,  if  produced,  would  cross  the  same,  said 
point  being  upon  the  boundary  line  between  the  counties  of  Santa  Clara 
and  Stanislaus;  thence  north-AA-esterly,  following  the  said  summit,  or  water 


I.EGI8LATIVK    IIISIOKV.  137 

divide,  seven  miles,  iiiuie  or  less,  t(j  tlie  point  before  described  as  the  south- 
east corner  of  Milpitas  township ;  thence  due  west  upon  the  line  of  said  Mil- 
pitas  township  to  the  boundary  of  the  Rancho  Canada  de  Pala,  or  Wilson 
and  Quivey  Rancho,  as  surveyed  by  J.  W.  A\'allace,  United  States  Deputy 
Surveyor ;  thence  north-westerly  along  the  boundary  of  said  rancho  to  the 
source  of  the  Arrovo  del  Agua2r,  or  Penetencia  creek ;  thence  down  said  Pene- 
tencia  creek,  following  its  course  through  the  willows,  passing  Richardson's 
and  Murphy's  to  the  corner  of  Alviso  township,  upon  said  Penetencia  creek, 
near  John  Trimble's;  thence  south-westerly  along  the  boundary  line  of 
the  Rancho  Rincon  de  los  Esteros  or  Alviso  Rancho,  which  is  the  line  of 
Alviso  township,  two  and  one-half  miles,  more  or  less,  to  the  place  of  begin- 
ning. 

Though  uninteresting  to  the  general  reader,  the  foregoing  dry  details  form 
a  no  mean  lesson  of  practical  utility,  the  production  of  which  is  rendered 
necessary  in  a  work  which  purports  to  serve  the  double  purpose  of  easy 
reference  and  pleasant  recreation.  To  follow,  year  by  year,  the  changes 
effected  by  successive  Courts  of  Sessions  and  Supervisoral  Boards,  would  be 
taxing  to  too  great  an  extent,  the  patience  of  the  reader,  and  would  serve  no 
good  purpose;  suffice  it  to  say  that  township  boundaries  have  been  rectified, 
as  the  necessity  for  such  arose,  while  in  one  instance  the  abolished  Redwood 
township  had  been  re-created  August  ]  0, 1855. 

School  Districts. — On  October  8,  1855,  we  find  the  first  record  of  the 
county  having  been  partitioned  into  school  districts,  there  being  sixteen  in 
all,  six  of  which  were  allotted  to  the  townships  of  Fremont,  Santa  Clara  and 
Redwood,  and  ten  to  San  Jose,  Alviso,  Burnett,  Almaden,  and  Gilroy.  This 
division  would  appear  to  have  embraced  too  large  a  scope  of  territory,  for, 
on  the  7th  November  of  that  year,  the  township  of  Santa  Clara,  in  itself,  was 
formed  into  four  separate  school  districts.  In  1859,  February  7th,  the  divis- 
ion of  Gilroy  township  into  the  districts  of  San  Ysidro,  Adams  and  Gilroy; 
Lone  Mountain,  in  Redwood ;  Lexington,  in  Redwood  and  New  Almaden ;  and 
in  the  following  year,  Guadalupe  in  Alviso,  were  all  created — but  why  pursue 
this  theme  further.  Like  in  the  townships  themselves,  the  motto  "  circum- 
stances alter  cases,"  was  apposite;  boundaries  and  limitation  lines  were  per- 
petually being  altered  at  the  solicitation  of  innumerable  petitioners,  the 
authorities,  ever  with  an  eye  to  the  people's  welfare,  in  most  cases  granted 
the  prayer,  until  after  an  infinity  of  rectifications,  the  present  school 
districts  of  the  county  were  named. 

Election  Districts. — The  first  record  extant  of  the  division  of  the  county 
into  Electoral  Precincts  is  that  for  an  Election  called  on  Mav  4,  1850,  for 
the  purpose  of  chosing  two  Justices  of  the  Peace  and  one  Constable  for  Wash- 
ington township,  the  polling  places  established  being  at  San  Jos^,  at  the 
Court  House,  with  Samuel  C.  Young  Inspector ;  Gilroy,  at  the  house  of  John 


188  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

Gilroy,  Manuel  Gilroy  Inspector  ;  Santa  Clara,  at  the  house  of  Charles  Clay- 
ton, Charles  Clayton  Inspector  ;  Redwood,  at  Campbell's  Mills, Dabney 

Inspector ;  and  Washington,  at  the  store-room  of  H.  C.  Smith,  Lone  Kemble 
Inspector.  At  the  same  time  a  precinct  was  established  at  Alviso,  in  Wash- 
ington township,  with  Thomas  Burnett  as  Inspector.  With  few  alterations 
these  divisions  would  appear  to  have  sufficed  for  the  M^ants  of  the  residents, 
until,  so  urgent  had  they  become,  February  5,  18G7,  the  county  was  again 
redistricted  into  Union,  Almaden,  Alviso,  Burnett,  Mayfield,  Mountain  View, 
Gilroy,  San  Ysidro,  Solis,  Milpitas,  Lexington,  Saratoga,  Santa  Clara, 
Berreyessa,  Evergreen,  Oak  Grove,  and  San  Jose,  but  in  the  following  year 
the  latter  was  divided  into  disti'icts  number  one  and  two  and  redivided  into 
three  districts,  April  10,  1872.  Naturally,  where  the  increase  of  population 
has  been  so  large,  the  precincts  enumerated  above  have  proved  insufficient  to 
the  wants  of  the  voters,  until  at  the  present  writing,  they  have  been  trebled. 
Road  Districts. — Another  criterion  of  the  rapid  development  of  a  hitherto 
sparsely  peopled  country  is  the  want  immediately  felt  for  carefully  laid- 
out  roads  and  easy  means  of  transport.  He  who  has  experienced  such  a  de- 
sire can  fully  appreciate  the  comfort  of  well-graded  thoroughfares  and  smoothly 
macadamized  streets.  The  scarcely  to  be  recognized  trails  give  place,  as  if  by 
magic,  to  the  skill  of  the  surveyor;  the  dangerous  ford  to  the  well-built 
bridge  and  the  impenetrable  undergrowth  to  the  road-makers'  ax.  In  a  few 
short  years  miraculous  changes  are  worked,  and  science  brings  places  within 
comfortable  travel  and  neighbors  within  ken.  Santa  Clara  in  the  pre- 
American  days  was  not  a  whit  better  otf  than  the  neighboring  counties.  True 
it  possesed  the  grand  old  Alameda  laid  out,  according  to  Frederic  Hall,  in 
"the  midnight  year  of  the  last  century,"  1799 — but  more  of  this  avenue  anon. 
Other  highways  had  been  built,  which  we  will  endeavor,  as  we  go  on,  to 
locate  in  their  proper  districts,  but  it  is  not  until  August  19,  1850,  that  we 
find  any  official  record  of  there  being  such.  On  that  date  the  Court  of 
Sessions  passed  an  order  declaring  certain  roads  public  highways.  The  mat- 
ter once  taken  in  hand,  with  the  aid  of  the  citizens,  was  pushed  with  becom- 
ing vigor.  On  October  21,  18.52,  the  county  was  divided  into  nine  road 
districts,  and  proper  appointments  made  for  their  supervision  and  mainte- 
nance. In  1856,  once  more  was  a  partition  into  road  districts  made,  and  in 
February  of  that  year,  a  road  fund;  to  be  composed  of  all  moneys  received 
from  taxes,  property  taxes  for  road  purposes,  and  all  tines  for  non-compliance 
of  citizens  with  the  road  laws,  was  created.  We  have  not  the  space  at  our 
disposal  to  follow  the  hundreds  of  petitions  for  this  purpose  as  they  appear  in 
the  Records  of  the  Court  of  Sessions  and  Board  of  Supervisor.s.  To  give  even 
an  outline  of  each  road  would  more  than  fill  a  volume  of  no  ordinary  propor- 
tions. As  the  fertile  district  was  settled,  each  new  arrival  felt  the  want  of 
some  avenue  of  outlet  from  his  homestead,  connection  was  needed  with  the 


LEGISLATIVE    HISTORY.  139 

main  arteries  of  traffic,  the  inevitable  petition  to  the  authorities  was  trans- 
mitted to  the  proper  quarter,  and,  where  the  necessity  was  proved,  never  was 
the  prayer  rejected.  With  the  opening  out  of  fresh  highways  more  districts 
were  imperatively  necessary ;  with  the  creation  of  these  districts  it  was  as 
necessary  to  appoint  overseers;  and  now  Santa  Clara  county  is  blessed  with 
a  net-work  of  roads,  better  than  which  there  are  none  in  the  State. 

Court  of  Sessions  and  Board  of  Supervisors — Once  more  we  have 
to  record  the  accession  to  power  of  the  Court  of  Sessions,  who  held  their 
first  sederunt,  April  7,  1854,  in  lieu  of  the  Board  of  Supervisors,  who 
were  abolished  ;  but  after  only  a  year  of  office,  the  Supervisoral  Board  was 
re-established  in  pursuance  of  an  Act  passed  March  20,  185o,  entitled  "  An 
Act  to  create  a  Board  of  Supervisors  in  the  counties  of  this  State,  and  to 
define  their  duties  and  powers."  For  better  reference  the  ninth  section  of 
the  above  Act  is  quoted  in  full:  "The  Board  of  Supervisors  shall  have  power 
and  jurisdiction  in  their  respective  counties.  First,  To  make  orders  respect- 
ing the  ])roperty  of  the  county,  in  conformity  with  any  law  of  this  State, 
and  to  take  care  of  and  preserve  such  property.  Second,  to  examine,  settle, 
and  allow  all  accounts  legally  chargeable  against  the  county,  and  to  levy, 
for  the  purposes  pi'escribed  by  law,  such  amount  of  taxes  on  the  assessed 
value  of  real  and  personal  property  in  the  county,  as  may  be  authorized  by 
law ;  provided  the  salary  of  the  Count}'  Judge  need  not  be  audited  by  the 
Board  ;  but  the  County  Auditor  shall,  on  the  first  judicial  day  of  each 
month,  draw  his  warrant  on  the  count}^  Treasurer  in  favor  of  the  County 
Judge  for  the  amount  due  such  Judge  as  salary,  for  the  month  preceding- 
Third,  To  examine  and  audit  the  accounts  of  all  officers  having  the  care- 
management,  collection  or  disbursement  of  any  money  belonging  to  the 
county,  or  appropriated  by  law,  or  otherwise,  for  its  use  and  benefit- 
Fourth,  To  lay  out,  control,  and  manage  public  roads,  turnpikes,  ferries,  and 
bridges  within  the  county,  in  all  cases  where  the  law  does  not  prohibit  such 
jurisdiction,  and  to  make  such  orders  as  may  be  requisite  and  necessary  to 
carry  its  control  and  management  into  effect.  Fifth,  To  take  care  of  and 
provide  for  the  indigent  sick  of  the  county.  Sixth,  To  divide  the  county 
into  townships,  and  to  change  the  divisions  of  the  same,  and  to  create  new 
townships,  as  the  convenience  of  the  county  may  require.  Seventh,  To 
establish  and  change  election  precincts,  and  to  appoint  inspectors  and  judges 
of  elections.  Eighth,  To  control  and  manage  the  property,  real  and  per- 
sonal, belonging  to  the  county,  and  to  receive  by  donation  any  property  for 
the  use  and  benefit;  of  the  county.  Ninth,  To  lease  or  to  purchase  any  real 
or  personal  property  necessary  for  the  use  of  the  county,  provided  no  pur- 
chase of  real  property  shall  be  made  unless  the  value  of  the  same  be  pre- 
viously estimated  by  three  disinterested  persons,  to  be  appointed  for  that 
purpose  by  the  County  Judge.     Tenth,  To    sell    at  ])ublic   auction,   at  the 


140  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

Court  House  of  the  county,  after  at  least  thirty  days'  previous  pubHc  notice, 
and  cause  to  be  conveyed,  any  property  belonging  to  the  county,  appropriat- 
ing the  proceeds  of  such  sale  to  the  use  of  the  same.  Eleventh,  To  cause  to 
be  erected  and  furnished,  a  Court  House,  jail,  and  such  other  public  buildings 
as  may  be  necessary,  and  to  keep  the  same  in  repair ;  provided  that  the  con- 
ti'act  for  building  the  Court  House,  jail,  and  such  other  public  buildings  be  let 
out  at  least  after  thirty  days'  previous  public  notice,  in  each  case,  of  a  readi- 
ness to  i-eceive  proposals  therefor,  to  the  lowest  bidder,  who  will  give  good 
and  sufficient  security  for  the  completion  of  any  contract  which  he  may 
make  respecting  the  same;  but  no  bid  shall  be  accepted  which  the  Board 
may  deem  too  high.  Twelfth,  to  control  the  prosecution  and  defense  of  all 
suits  to  which  the  county  is  a  party.  Thirteenth,  To  do  any  and  perform 
all  such  other  acts  and  things  as  may  be  strictly  necessary  to  the  full  dis- 
charge of  the  powers  and  jurisdiction  conferred  on  the  Board."  The  second 
section  provided  that  in  all  counties  where  no  Board  of  Supervisors  already 
existed,  the  County  Clerk,  the  County  Assessor,  and  the  County  Surveyor, 
should  constitute  a  Special  Board,  who  should,  previous  to  the  first  election 
therein  provided  for,  divide  the  county  into  a  number  of  districts  correspond- 
ing with  the  number  of  Supervisors  to  be  elected.  For  this  purpose  the 
Special  Board  convened  and  apportioned  the  county  as  follows:  District  No. 
1,  to  comprise  the  townships  of  A.lviso,  Fremont,  and  Santa  Clara;  District 
No.  2,  San  Jose  township ;  and  District  No.  3,  to  be  formed  of  Almaden, 
Burnett,  and  Gilroy  townships;  the  first  Board  of  Supervisors  under  the 
new  Act  being:  for  District  No.  1,  Samuel  Henderson,  Chairman;  William 
R.  Basham,  District  No.  2;  and  District  No.  3,  David  Murphy;  who  held 
their  first  session  May  7,  1855.  In  November,  1856,  Redwood  township  was 
added  to  the  First  Supervisoral  Disti'ict,  since  when  changes,  as  they 
appeared  necessary,  have  been  made,  boundaries  changed,  and  the  county 
re-districted. 

Post-offices. — Among  the  first  signs  of  a  thorough  county  organization 
is  the  establishment  throughout  its  length  and  breadth  of  a  system  to  facil- 
itate the  transmission  of  correspondence  from  point  to  point ;  to  attain  this 
end  is  the  object  of  post-otficcs.  To  set  at  rest  any  doubt  which  may  remain 
in  the  minds  of  the  residents  of  Santa  Clara  as  to  who  were  the  first  post- 
masters at  the  different  stations  in  the  county,  the  accompanying  informa- 
tion has  been  most  courteously  furnished  us  by  the  Post-office  Department 
at  Washington: — 

"  Post-Office  Department, 

"Office  of  the  First  Assistant  Postmaster-General, 

"Washington,  D.  C,  November  22,  1880. 

"Alley,  Boiven  &  Co.,  San   Jose,  Santa  Clara  County,  Col. — Sirs :  Your 

communication  of  date,  August  31,  1880,  in  which  you  ask  for  the  date  of 


LEGISLATIVK    HISTORY. 


141 


the  establishment  of  the  post-ofiices  in  Santa  Clara  county,  California,  and 
also  the  names  of  the  difterent  postmaster.'^  of  said  post-offices  when  estab- 
lished, has  been  received  at  this  Department.  In  answer  thereto,  please  find 
the  following,  as  recorded  on  the  books  of  the  Department. 

"Respectfully,  James  H.  Mark, 

"For  First  Assistant  Postmaster- General :" 


NAMK    OK    J'O.ST-OFFTl'E. 


NAME   OF  PO.STMASTER. 


Isaac  Paddock, 


Alma,  late  Lexin^ou 

Alviso |Kicliard  Carr, 

Bell's  Station |L.  F.  Bell, 

Burnett .lohn  Barry, 

Evergreen JB'rauk  J.  Smitli, 

Gilroy  'James  Houck, 

Gilroy  Hot  Springs '<  leorge  Roop, 

Los  Oatos D.  McCobb, 

Mayfield I.Tames  Otterson, 

Milpitas I  Frederick  Creighton, 

Moiintaia  View Jacob  Shomvvay, 

New  Almaden Ralph  Lowe, 


Patchin 

Pioneer 

San  Felipe 

San  Josi- 

San  Ysidro 

Santa  Clara 

Saratoga,  late  jMcCartysville  and  Bank  Mills 

Sargent,  late  La  Brea 

Sherman 

Tetinant , 


Horace  G.  Fitch, 
Hugh  L.  Downer, 
Elijah  R.  Dunlap, 
John  R.  Wilson, 
James  W.  Gould, 
Fletcher  Cooper, 
Levi  Millard, 
Alonzo  Johnson, 
Daniel  Mallory, 
William  Tennant, 


WHKN'    ESTABLISHED. 


June 

August 

April 

April 

August 

October 

March 

December 

.June 

May 

January 

December 

March 

November 

July 

August 

July 

July 

Novemljer 

September 

December 

April 


6, 
17, 
10, 
•M), 
24, 
21, 
28, 

8, 
12, 
31, 
18, 
23, 
28, 

8, 
10, 

7, 
30, 

28, 
•1 

lb 

13, 

5, 


1861 
1859 
1873 
1862 
1870 
1851 
1873 
1864 
1855 
1856 
1854 
1873 
1872 
1875 
1868 
1851 
1866 
1851 
1855 
1874 
1867 
1871 


County  Buildings. — A  sure  sign  of  organization  in  a  State,  county,  city 
or  town  is  the  erection  of  suitable  premises  wherein  the  public  business  may 
be  dispatched  with  comfort  and  punctuality.  To  the  first  government  of 
the  County  of  Santa  Clara  this  want  was  comparative  in  degree,  for  they 
became  successors  to  the  Ayuntamiento  or  Juzgado,  that  venerable  edifice 
constructed  in  the  year  1798,  when  the  Pueblo  of  San  Jose'  was  in  its  infancy 
and  the  value  of  the  golden  State  had  not  even  been  foreshadowed.  Here 
they  found,  in  1850,  the  adobe  building,  as  it  stood  on  what  is  now  known 
as  Market  street,  in  the  City  of  San  Jose',  near  the  corner  of  El  Dorado  street. 
It  was  but  an  easy  transition  to  proclaim  this  the  County  Court  House,  yet 
its  capacity  was  insufficient  for,  on  June  6,  1850,  we  find  the  Court  of 
Sessions  issuing  notices  calling  for  proposals,  by  donation  or  sale,  for  the 
purpose  of  erecting  county  buildings,  the  Court,  a  month  later,  ordering 
that  these  should  be  located  on  lots,  Nos.  3,  4,  5,  6,  7,  and  8,  in  block  No.  4 
and  range  No.  6,  and  lots,  Nos.  1,  and  4,  in  block  No.  4,  and  range  No.  7, 
south  of  the  base  line,  it  being  understood  that  the  jail  should  be  located  on 
the  latter  of  these  lots.  The  Court  further  declared  that  the  County  Judge 
do  take  a  deed  in  fee-simple  for  said  lots,  from  James  F.  Reed,  they  being  a 


142  HISTORY    OF    SANTA    CLARA   COUNTY,    CALIFORNIA. 

donation  to  the  County  of  Santa  Clara.  No  immediate  progress,  however, 
was  made,  for  it  is  not  until  October  21,  1851,  that  we  find  the  selection, 
by"  Judge  J.  W.  Redman,  of  Market  square  as  a  proper  site,  and  its  convey- 
ance to  the  county  confirmed.  This  building  was  erected  on  the  west  side  of 
First  street,  but  its  precise  location  we  Avill  particularize  elsewhere.  Its  walls 
were  composed  of  the  never-failing  adobe,  its  lower  story  was  used  as  a 
C£)urt-room,  and  its  upper  floor  divided  into  public  offices.  The  records  tell 
us  that  directions  were  given,  under  date  of  February  21,  1852,  that  the 
eastern  room  should  be  tendered  to  the  Mayor  and  Common  Council  of  the 
City  of  San  Jose  for  their  use;  but  here  did  not  their  generosity  rest,  the 
Methodist  Church,  South,  were  also  permitted  to  use  the  room  for  the  purpose 
of  holding  service  therein.  It  would,  however,  appear  that  the  accommoda- 
tion was  still  inadequate,  as,  on  December  17,  1852,  the  appointment  of  a 
committee  is  recorded  whose  duties  were  to  examine  and  report  upon  the 
propriety  of  erecting,  or  procuring,  some  suitable  building  for  the  county 
officers.  In  the  performance  of  this  duty  they  reported,  that  after  careful  exam- 
ination, and  considering  the  insecure,  inconvenient,  and  combustible  nature 
of  the  offices  then  in  use.  it  was  their  duty  to  recommend  the  fitting  up  of  the 
old  State  House,  a  plan  which  was  adopted,  the  alterations  and  improvements 
being  effected  under  the  superintendence  of  Levi  Goodrich  and  L.  H.  Bas- 
com,  w^ho  were  appointed  a  committee  for  that  purpose.  The  State  House 
having  been  unfortunately  destroyed  by  fire  on  March  29,  1853,  the  w^alls 
of  the  building  were  ordered  to  be  sold  at  auction  by  the  Sheriff,  and  on 
November  8th,  R.  G.  Moody  was  appointed  a  committee  of  one  to  purchase  the 
building  and  ground  of  Mr.  Caldwell,  on  the  corner  of  San  Fernando  and 
Second  streets,  "  opposite  the  Brick  Church,"  the  District  Attorney  being  at 
the  same  time  instructed  to  make  a  search  of  the  records  to  ascertain  the 
presence  of  any  incumbrances  and  the  validity  of  Caldwell's  proprietory 
rights.  This  building  had  borne  the  purely  Californian  cognomen  of  the 
"  What  Cheer  House,"  a  name  much  affected  for  houses  of  entertainment  in 
other  parts  of  the  State.  Prior  to  the  occupancy  of  their  new  building,  how- 
ever, the  county  took  possession,  for  a  short  term,  of  the  adobe  building 
owned  by  F.  Lightston,  on  Lightston  alley.  Necessity  caused  energy ;  on  the 
14th  November  the  sum  of  four  thousand  dollars  was  allowed  for  the  pur- 
chase of  the  premises,  and  on  December  7,  1853,  the  old  "  What  Cheer 
House"  was  declared  to  be  the  Court  House  for  Santa  Clara  county.  With 
a  permanent  Temple  of  Justice  the  very  necessary  adjunct  of  a  jail  was  in- 
dispensable, therefore,  August  9,  1854,  the  Court  of  Sessions,  who  had 
once  more  assumed  the  Supervisoral  reins,  directed  the  construction  of  a 
prison,  by  Marcus  Williams,  at  a  cost  of  fifteen  thousand  dollars,  and  in  1855, 
the  county  buildings  were  still  further  augmented  by  the  leasing  of  a  house 
on  Second  street  to  serve  as  the  County  Hospital.     On  December  10,  1855, 


LEGISLATIVE    HISTORY,  143 

the  Supervisors,  who  were  once  more  in  power,  in  place  of  the  now  entirely 
abolished  Court  of  Sessions,  ordered  the  purchase  of  certain  property  known 
as  the  "  Sutter  House,"  with  twenty-five  acres  of  land  attached  thereto,  from 
Merritt  Brothers,  for  live  thousand  five  hundred  dollars,  but  the  vendors  fail- 
ing to  execute  a  good  and  sufficient  deed,  the  contract  was  revoked,  February 
15,  1856.  In  1858  more  room  was  still  wanted.  For  the  convenience  of  the 
public  the  Recorder's  office  was  removed  to  Lightston's  building  while  a  con- 
ference was  had  with  the  Board  of  Trustees  of  the  City  of  San  Jose  in  rela- 
tion to  renting  the  City  Hall  as  a  more  convenient  structure  for  the  Court 
House  and  county  offices,  a  scheme  which  was  matured,  August  24,  1800, 
the  Mayor  and  Common  Council  granting  the  use  of  the  upper  portion  of  the 
City  Hall  to  the  county,  whose  buildings  on  San  Fernando  and  Second  streets 
were  handed  over  to  the  civic  authorities. 

More  stable  thoughts  had  now  entered  the  well-balanced  minds  of  the 
Board  of  Supervisoi's,  for  we  find  them,  under  date  August  8,  1860, 
offering  a  premium  of  one  hundred  dollars  to  him  who  would  furnish  the  best 
plan  and  specifications  for  a  Court  House  and  county  offices  "  to  be  built  of 
bricks,"  a  prize  which  was  won  by  Levi  Goodrich.  That  the  Board  was  in 
earnest' is  a  matter  of  record.  On  March  16,  1861,  their  minutes  tell  us  it 
was  ordered  that  A.  L.  Rhodes,  the  Senator  from  the  county,  be  requested  to 
introduce  into  the  Legislature  an  Act  for  the  issuance  of  bonds  for  the  pur- 
pose of  erecting  a  Court  House  and  other  county  buildings,  to  the  amount  of 
fifty  thousand  dollars,  payable  in  twenty  years  with  interest  and  one- 
twentieth  of  the  principal  payable  annually,  with  what  result  will  shortly 
appear.  In  the  meantime  property  had  been  purchased  whereon  to  build  a 
County  Hospital,  while  in  accordance  with  an  Act  amendatory  of  "An  Act 
to  provide  for  the  indigent  sick  in  the  counties  of  the  State — Approved 
March  31,  1855,"  the  Supervisors  formed  themselves  into  a  Board  of  Direc- 
tors of  the  Infirmary  of  the  County  of  Santa  Clara. 

Once  more  were  the  county  officers  on  the  move  and  in  search  for  more 
ample  quarters.  On  November  8,  1862,  certain  buildings  were  leased  from 
Martin  Murphy,  on  a  tenure  of  five  years,  which  they  would  appear  to  have 
held  in  peaceable  possession  for  a  considerable  time.  Although  Mr.  Good- 
rich had  been  awarded  the  premium  offered  for  the  most  successful  plans  in 
1860,  it  was  not  until  September  25,  1865,  that  the  Honorable  Board  awoke 
to  the  fact  that  a  Court  House,  "  to  be  built  of  bricks,"  was  urgently  needed, 
they,  therefore,  with  one  accord,  on  that  date,  agreed  to  proceed  to  take  all 
necessary  measures  for  the  immediate  erection  of  that  building,  which,  in 
consonance  with  a  motion  adopted,  should  be  located  upon  the  county 
property  between  Second  and  Third  streets,  directly  south  of  San  Fernando 
street.  But  here  did  they  not  stay ;  to  complete  matters  Supervisors  Rob- 
inson, Quimby  and  Sleeper  were,  there  and  then,  appointed  a  building  com- 


144  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

mittee  to  superintend  construction.  On  the  14tli  November,  however,  the 
subject  of  location  was  reconsidered  and  another  committee  appointed  to 
inquire  into  and  report  as  to  the  best  site  for  a  Court  House  and  the  value  of 
property  suitable  for  such  a  purpose.  Three  days  afterwards  the  committee 
recommended  the  purchase  of  the  fifty-vara  lot  on  First  street,  situated 
between  St.  John  and  Julian  streets,  fronting  on  St.  James'  square,  the 
property  of  W.  H.  Hall,  at  a  price  of  five  thousand  dollars,  provided  dona- 
tions of  twelve  and  a  half  feet  be  made  by  the  estate  of  Robert  Walkinshaw, 
and  Josiah  Belden,  from  the  front  and  rear  lots  adjoining  on  the  south, 
which  would  make  the  proposed  frontage  one  hundred  and  fifty  feet.  The 
report  was  adopted,  the  Board  voting:  Supervisors  Sleeper,  Perkins  and 
Robinson  in  the  affirmative  and  Quimby  and  Yates  in  the  negative  A 
committee  was  forthwith  appointed  to  consummate  the  purchase ;  an  order  that 
a  certain  sum  for  sufch  a  purpose  should  be  set  aside  was  passed ;  on  November 
21st  Hall's  title  to  the  land  was  reported  as  good  and  valid,  the  committee 
on  purchase  was  authorized  to  draw  on  the  Treasurer  of  Santa  Clara  county 
for  such  an  amount  as  w^ould  be  equal  to  the  full  payment  of  the  same  ;  on 
the  22d  November  the  committee  was  authorized  to  enter  into  a  contract 
with  Levi  Goodrich,  Architect,  to  furnish  plans  and  specifications  for,  and  to 
superintend  the  construction  of  a  Court  House,  and,  that  in  connection  with 
the  architect  they  at  once  advertise  for  proposals  for  digging  the  founda- 
tion. March  13,  18G6,  the  issuance  of  bonds  of  the  county  was  authorized, 
to  the  amount  of  twenty-five  thousand  dollars,  in  conformity  with  the  Act 
entitled  "An  Act  to  authorize  the  issue  of  bonds  by  the  County  of  Santa 
Clara  to  erect  county  buildings  and  confirm  the  purchase  of  the  .site  selected 
therefor — Approved  March  1,  1866,"  and  the  Act  amendatory  thereof  and 
supplemental  thereto.  These  bonds  were  issued  at  the  rate  of  five  hundred 
dollars  each,  payable  on  or  before  January  1,  1881,  and  to  bear  interest  at 
the  rate  of  twelve  per  cent,  per  annum.  The  building  progressed  with 
rapid  strides ;  in  due  course  of  time  it  was  completed,  and  on  December  30, 
1867,  the  new  Court  House  was  directed  to  be  occupied  by  January  1,  1868. 
Thus  was  completed  the  finest  Court  House  in  California.  It  is  of  the 
Roman  Corinthian  order,  situated  on  First  street  and  overlooking  St.  James' 
park,  whose  luxuriant  green  lawn  and  profuse  foliage,  lends  relief  to  the 
eye  when  tried  by  the  overpowering  glare  of  the  noonday  sun.  Its  founda- 
tion is  of  the  utmost  durability,  the  walls  resting  on  a  substructure  of  con- 
crete to  a  depth  of  six  feet,  and  of  a  like  number  of  feet  in  thickness. 
Ponderous  brick  arches  support  the  lower  floor,  while  all  the  walls  are  of  the 
same  material,  the  basement  ones  being  four  feet  in  thickness,  and  the  upper 
twenty-one  inches.  Above  the  basement  the  building  has  two  stories,  and 
its  dimensions  are  in  frontage  one  hundred  feet ;  in  depth,  including  the 
portico,  one  hundred  and  forty  feet ;  the  height  to  the  cornice  is  fifty-six 


n/^ 


■  -\?/ 


iTHE  NLAV  YORl 

'PUBLIC  U3RARYJ 


J.KOISI^ATIVK    IIISlOliY.  145 

feet;  it  is  one  hundred  and  fifteen  feet  to  the  top  of  the  dome,  the  least 
diameter  of  which  is  seventeen,  and  the  greatest  fifty  feet;  its  portico,  a 
magnificent  specimen  of  the  cohimnated  fa<;ade  showing  in  its  fine  propor- 
tions richness,  strength  and  beaut}',  is  seventy-six  feet  in  length,  the  height 
of  the  columns  being  thirty-eight  and  the  diameter  four  feet.  The  windows, 
which  are  of  the  finest  French  plate  glass,  are  each  surmounted  with  pedi- 
ments, those  on  the  lower  story  being  arched.  Each  window-frame  is  made 
of  liighly  ornamented  cast-iron,  the  whole  weigliing,  with  iron  shutters, 
about  three  thousand  six  hundred  pounds.  The  roof  is  covered  with  zinc. 
The  dome  finds  light  from  eleven  elliptical  windows,  surmounted  with  an 
iron  railing  forty-two  inches  in  height,  and  is  reached  by  a  staircase  num- 
bering one  hundred  and  seventy-two  steps,  divided  into  three  landings. 
This  noble  structure  is  divided  into  twenty-one  rooms,  two  of  these  beino- 
designed  and  used  as  court-rooms,  one  fitted  up  for  the  Board  of  Supervisors, 
and  the  remainder  apportioned  to  the  difierent  county  officers,  all  being  well 
furnished  and  appropriately  appointed.  The  court-rooms  are  also  elaborately 
embellished,  the  larger  of  the  apartments  being  of  noble  proportions,  sixty-five 
by  forty-eight  feet,  and  thirty-eight  feet  high.  Through  the  ceiling,  which  is 
supported  by  fluted  pilasters  of  the  Corinthian  and  Ionic  orders,  and 
divided  into  twelve  deeply  sunk  panels  set  with  opaque  glass,  the  room 
receives  its  light,  while  behind  the  forum  is  a  recess,  over  which  appears  the 
legend,  "Justitle  et  Clementi^."  The  entire  exterior  of  the  structure  is 
of  imitation  stone.  The  main  entrance  is  gained  by  an  ascent  of  thirteen 
granite  steps,  and  here,  high  overhead,  is  what  Milton  describes  as  the  "  frieze 
with   bossy  sculptures  graven,"  where  stands  out  in  bold  relief  the  motto 

"  JUSTITI.E  DeDICATA." 

No  sooner  was  this  splendid  building  completed  than  an  overpowering 
sense  of  magnificence  seized  upon  the  Honorable  Board  of  Supervisors,  for 
we  find  them  making  strenuous  eftbrts  to  make  their  Court  House  the  habi- 
tat of  the  State  Legislature,  the  removal  of  which  from  Sacramento  to  some 
more  central  position  was  being  then  seriously  canvassed,  and  what  more 
natural  than  that  the  first  capital  of  the  State  should  try  to  regain  its  lost 
honors'     On  February  4,  18G8  appears  the  following: — 

"  Resolved,  That  in  the  event  of  the  General  Assembly  of  the  State  of  Cal- 
ifornia determining  to  remove  the  State  Capital  to  the  County  of  Santa 
Clara,  the  Board  of  Supervisors  of  the  said  County  of  Santa  Clara  for  and 
in  behalf  of  said  county,  tender  to  the  State  the  free  and  entire  use  of  the 
Court  House  of  said  county  for  State  purpo.ses,  until  such  a  time  as  a  Capi- 
tol Building  may  be  erected  in  said  county,  provided  that  said  Capitol 
Building  shall  be  erected  within  five  years:"  and  again,  on  the  day  follow- 
ing the  accompanying  motion  was  carried: — 

"  Resolved,  That   the   Honorable   the   Members   of   the   Legislature  and 
10 


146  HISTORY    OF   SANTA   CLARA   COUNTY,    CALIFORNIA. 

attache's  thereof,  one  and  all,  are  hereby  invited  and  solicited  to  visit  the 
City  of  San  Jose,  and  to  inspect  for  themselves  its  eligibility  as  a  seat  of 
Government  of  this  State,  prior  to  any  final  action  by  them  touching  that 
subject  matter;  and  that  the  hospitalities  of  the  city  and  count}"  will  be 
cordially  extended  to  them."  The  building  being  now  completed  it  was 
thrown  open  to  visitors  on  Sundays.  This  order  was,  however,  rescinded 
June  15,  1872,  after  having  been  in  operation  for  nearly  three  years. 

In  the  Winter  of  1869-70  steps  were  taken  for  the  erection  of  a  new 
jail,  the  plans  for  which  Levi  Goodrich  were  instructed  to  prepare,  the 
amount  to  be  within  forty  thousand  dollars.  In  order  to  compass  this 
undertaking  the  Board  of  Supervisors,  April  12,  1870,  directed  that  bonds 
be  issued  to  the  extent  of  eighty  thousand  dollars  in  conformity  with  the 
Act  of  the  Legislature  entitled  "  An  Act  to  authorize  the  issurance  of  bonds 
by  the  County  of  Santa  Clara  for  the  completion  of  the  Court  House  of  said 
county  and  to  erect  a  County  Jail — Approved  March  25,  1868,"  and  an 
Act  entitled  "  An  Act  to  amend  Section  one  of  an  Act  entitled  An  Act  to 
authorize  the  issue  of  bonds  by  the  County  of  Santa  Clara  to  complete  the 
Court  House  of  said  county,  and  to  erect  a  jail.  Approved  March  25, 
1868 — Passed  March  4,  1870."  These  bonds,  which  were  to  bear  interest  at 
the  rate  of  twelve  per  cent.,  per  annum,  were  directed  to  be  offered  for  sale, 
and  were,  June  6,  1870,  awarded  to  M.  Ehrlich  of  San  Francisco,  who  pur- 
chased the  whole  eighty  thousand  dollars,  bearing  interest  at  ten  and  one- 
half  per  cent.,  per  annum,  the  scrip  for  which  was  delivered  June  21,  1870. 
September  3,  1870,  certain  lands  for  jail  purposes  were  bought  of  C.  W. 
Pomeroy  for  fifteen  hundred  dollars,  and  in  October,  1871,  property  costing 
twelve  thousand  four  hundred  dollars  was  obtained  from  J.  S.  Connor,  where 
it  was  contemplated  to  establish  a  County  Farm,  and  in  addition  to  this, 
May  4,  1872,  the  contract  to  build  a  pest-house  w^as  awarded  to  George 
Fitzgerald.  In  the  meantime  it  was  resolved  to  erect  a  County  Infirmary 
and,  May  4,  1875,  the  bid  of  A.  J.  Saph  for  fourteen  thousand,  four  hundred 
and  twenty-two  dollars  for  building  the  same  was  accepted,  and  Lenzen 
&  Gash  appointed  to  superintend  the  construction. 

The  County  Jail. — The  jail  building  on  the  Court  House  lot,  is  a  model 
of  prison  architecture,  and  a  credit  no  less  to  the  county  than  to  the  archi- 
tect and  superintendent.  The  plan  of  the  building  is  original  and  entirely 
new,  being  designed  by  the  architect  with  special  care  for  the  comfort  and 
security  of  prisoners.  The  main  prison,  one  hundred  and  twenty  by  forty- 
two  feet,  and  twenty-one  feet  high,  is  built  on  a  solid  concrete  foundation  and 
granite  water-tables.  The  walls  are  eighteen  inches  thick,  of  brick,  with 
four-inch  iron  bars  running  through  the  center,  four  and  a  half  inches  apart 
and  riveted  firmly  together,  extending  around  the  entire  building.  Thrpugh 
the  central  part  of  this  building  are  two  rows  of  cells,  twenty  in  all,  which 


LEGIST.ATIVK    HISTORY.  147 

are  built  in  the  same  substantial  manner  as  the  main  walls,  being  covered 
overhead  by  solid  arches  of  heavy  iron  work  and  masonry.     A  large  corridor 
extends  completely  around  these  rows  of  cells,  ami  a  commodious  passage- 
way between  them.     The  floor  of  this  portion  of  the  building  is  constructed 
as  follows:     First,  a  solid  foundation  of  concrete,  which  is  overlaid   with 
large  stones  or  boulders,  filled  with  hydraulic  cement  to  a  level,  which  is 
finished  over  with  a  heavy  coat  of  asphaltum.     The  roof  is  of  solid  sheet-iron, 
strongly  anchored   down   to  the  substantial  wall  with  massive  couplings. 
Along  the  center  of   the  roof,  extending  the  entire  length,  is  an  ample  sky- 
light of  heavy  iron  sash,  strongly  guarded  from  below   by  a  net-work  of 
solid  iron.     On  top  of  the  plate  of  the  roof  is  a  layer  of  brick,  finished  over 
with  asphaltum,  after  the  manner  of  laying  .sidewalks.     The  keeper's  apart- 
ment adjoins  the  main  building  on  the  front,  and  is  forty-two  feet  sqviare 
and  three  stories  high,  with  ornamented  fronts  on  the  south  and  east.     The 
lower  floor  of  this  portion  of  the  building  is  divided  into  apartments  for  the 
jailer  and  his  family,  and  containing  also  the  kitchen,  store-room,  and  fur- 
nace for  heating  the  whole  prison.     The  second  and  third  stories  are  divided 
into  large  and  comfortable  cells  designed  for  the  keeping  of  prisoners  pend- 
ing trial  on  minor  offenses.     All  of  the  walls  and  partitions  of  this  portion 
are  built  in  the  same  massive  and  substantial  manner  as  the   main  prison. 
The  stairways  are  all  of  solid  granite,  and  the  floors  are  constructed   in    a 
manner  which    renders   them  perfectly  secure.     The  whole  prison  is   well 
lighted  by  ample  windows  and  skylights,  all  of  which  are  made  secure  by  heavy 
iron  gratings.      The  arrangements  for  the  sanitary  condition  of  the  jail  are 
admirable  and  in  keeping  with  the  advancing  humane  spirit  of  the  age.    The 
heating  arrangements  communicating  with  every  portion  of  the  building  are 
admirably  designed  and  well  adjusted,  while  the  ventilation  is  all  that  could 
be  desired.     The  cells  ai-e  all  furnished  with  cast-iron  sinks  and  water-closets 
that  conmiunicate  with   ample  sewers  which  carry  away  every  particle  of 
filth  that  may  accumulate  in  the  prison.     The  hoppers  or  sinks  are  covered 
with  tight-fitting  caps,  which  shut  off"  all  draft  of  tiie  offensive  air  coming 
from  sewers.     In  suitable  apartments  are  two  well-arranged  bath-tubs,  with 
hot  and  cold  water,  for  the  use  of  the  prisoners.     The  doors  of  the  whole 
building  are  of  heavy  iron,  and  are  hung  in  the  most  approved  style  on  large 
wrought-iron  hinges,  while  the  locks  and  other  fastenings  are  complete  in 
every  detail.     The  inner  face  of  all  the  walls  are  whitewashed,  which  gives 
a  cheerful  aspect  to  the  interior.     The  cost  was  about  sixty  thousand  dollars. 
Santa  Clara   County  Infirmary. — The  infirmary  is  located  about  three 
miles  south-west  from  San  Josd.     The  building  was  erected  in  1875,  at  a  cost 
of  twenty  thousand  dollars.      Before  that  time  the  accommodations  had  not 
been  adequate,  consequently  there  was  a  greater  mortality''  and  more  suffer- 
ing.    Dr.  A.  J.  Cory,  A.  M.,  M.  D.,  the  leading  and  controlling  spirit,  who 


148  HISTOBY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

inaugurated  a  more  humane  condition,  is  a  prominent  and  revered  physician 
in  this  count3^  He  was  first  appointed  physician  and  surgeon  of  this 
county  to  and  for  the  infirmary,  April  8,  1801,  till  January,  1862,  and  held 
the  position  at  various  times  for  the  period  of  nine  years  and  nine  months, 
during  which  time  three  years  were  in  succession  (appointment  by  the  3'ear), 
and  six  years  in  succession  (two  years  each  by  appointment).  During  all 
that  time  the  doctor  struggled  to  give  opinion  to  the  tax-payers,  and  the 
result  is  that  a  beautiful  structure  has  been  erected,  and  everything  con- 
ducive to  the  welfare  of  the  waifs  of  humanity  has  been  done,  so  that  their 
sufferings  may  be  assuaged  and  their  pillows  smoothed  as  they  fall  into  the 
grave.  Let  us  here  give  a  brief  description  of  this  building  and  grounds 
in  their  order;  the  time  of  appointment,  and  for  what  time  and  salary,  from 
1857  to  1881,  of  the  different  physicians  who  were  appointed. 

The  new  buildingr  is  three  stories  hio^h,  built  after  the  Gothic  .stvle  of 
architecture.  It  has  six  wards,  which  will  accomodate  sixty-five  patients; 
gas,  water  and  all  the  modern  improvements  are  connected  with  the  building. 
There  are  three  other  buildings,  containing  nine  other  wards,  with  the 
capacity  to  accommodate  fifty  patients.  The  number  of  acres  of  land  con- 
nected with  this  institution  is  one  hundred  and  fourteen. 

In  1857  Dr.  A.  B.  Caldwell  (received  §2.50  for  each  patient  per  day) 
was  appointed  from  March,  1857,  to  1859. 

Dr.  T.  D.  Johnson,  from  1859  to  1860;  salary,  $4,000.  From  1860  to 
1861,  Dr.  T.  D.  Johnson;  salary,  84,500.  For  nine  months  after  this  term 
Dr.  A.  J.  Cory  (appointed).  From  1862  to  1863  Drs.  Johnson  &  Brown; 
salary,  S750.  From  1863  to  1865,  Dr.  A.  J.  Spencer;  salary,  $1,500 
per  year.  From  1865  to  1866,  Dr.  A.  J.  Cory;  salary,  $675.  From 
1867  to  1868  Dr.  A.  J.  Cory;  salary,  $676.  From  1868  to  1870 
Dr.  A.  J.  Cory;  salary,  $1,200  per  year.  From  1870  to  1872  Dr.  A.  J.Cory 
(Physician  and  Superintendent) ;  salarj',  $3,240  per  year.  From  1874  to  1876 
Dr.  A.  J.  Cory;  salary,  $1,500  per  year.  From  1876  to  1878  Dr.  A.  Mc- 
Mahon;  salary,  $1,000  per  j^ear.  From  1878  to  1880  J.  B.  Cox,  Physician; 
salary,  $888  per  year.  From  1880  to  1882  Dr.  B.  Cory;  .salary,  $1,000  per 
year. 

In  the  year  1871  the  old  infirmary  buildings  were  removed  from  the 
former  site  to  two  and  one-half  miles  from  San  Jos(^,  where  the  infirmary 
has  since  been  located.  The  magnificent  buildinsr  has  been  erected 
since,  dedicated  to  Sickness,  Poverty,  and  Charity  —  a  temple  which 
is  an  honor  to  Santa  Clara  county,  and  is  considered  a  model  of  its  kind 
throughout  the  State.  Hither  shall  seek  shelter,  through  many  generations 
such  as  Dickens  tells  us  of  in  his  story  in  the  "Seven  Travelers" — "There 
shall  rest  the  pilgrim  and  friend,  and  there  shall  be  no  one  to  make  afraid." 
Let  us  hope  and  trust  that  this  monument  which  the  genius  of  civilization 
has  erected  shall  exist  for  our  time,  day  and  generation. 


LEGISLATIVE   lllSTURY.  149 

Before  18G3  there  was  no  location  for  the  infirmary,  ami  the  pest-house 
was  an  eye-sore  in  the  very  City  of  San  Jose.  The  infirmary  then  was 
cosmopolitan,  and  as  such  traveled  from  street  to  street.  We  therefore  see  the 
progress  made  in  this  one  field,  and  admire  the  intellect  which  inspire<l  it.  Tn 
all  countries  and  ages  it  has  been  the  grand  crowning  act  of  humanity  t(j 
be  humane ;  therefore  infirmaries  have  been  established,  and  in  this  spirit  we 
say,  so  let  them  continue  to  progress  in  the  gran  I  mission,  then  the  human 
race  will  be  relieved  of  one  burden  that  it  may  suffer  less.  To  this  end  the 
tax-payers  of  Santa  Clara  county  have  done  their  best,  and  shall  still  continue 
so  to  do.  There  is  no  more  beautiful  spot  in  the  county  than  where  these 
unfortunates  are  provided  for.  Long  may  the  pilgrims  enjoy  the  peace  and 
comforts  of  the  home  which  the  people  of  this  county  has  given  to  the 
unfortunate  nomad. 

The  present  county  physician  is  Dr.  Benjamin  CWy,  A.  M.,  M.  D.,  a  man 
who  has  exercised  more  charity  and  ability  towards  the  poor  ot  this  county 
than  any  whom  we  know  of.  He  is  one  of  the  oldest  of  the  pioneers,  and  this 
work  gives  him  credit  for  the  progress  made  in  Santa  Clara  county  since 
1847.  In  conclusion,  we  will  say  that  if  every  county  in  each  State  should 
have  such  accommodations  for  indigent  sick  then  should  the  tax -payers 
rejoice  and  charity  be  satisfied. 

The  Political  History  of  the  County. — We  now  come  to  the .  second 
branch  of  the  Legislative  History  of  Santa  Clara,  namely,  that  which  has 
been  termed  the  Political  History  of  the  county.  This,  it  is  to  be  feared, 
however,  may  be  considered  a  misnomer,  as,  in  the  rest  of  this  chapter  much 
will  be  found  which  in  itself  has  no  political  significance,  while  a  consider- 
able amount  may  be  recognized  as  being  purely  political.  All  our  informa- 
tion has  been  garnered  from  the  records  of  the  Court  of  Sessions  and  Board 
of  Supervisors,  who,  though  exercising  political  functions,  have  still  author- 
ity over  aflfairs  non -political,  therefore  the  remarks  made  below  may  be  said 
to  relate  more  to  the  governraent  of  the  county  than  to  its  politics. 

Mexican  Government. — Prior  to  the  year  18:>9,  not  much  is  known  of  the 
political  divisions  of  California;  on  Februar}^  2Gth  of  that  year,  Governor 
Alvarado  dubbed  it  a  Department  and  partitioned  it  into  three  districts.  In 
the  second  of  these  was  Santa  Clara  county. 

The  government  was  invested  in  a  Governor  and  a  Departmental  Assem- 
bly, from  which  was  constituted  the  Legislative  Assembly  that  held  its  ses- 
sions in  Monterey,  the  then  capital.  In  order  of  precedence,  the  political 
officers  next  to  the  Governor  were  the  Prefects,  havino-  jurisdiction  over  dis- 
tricts;  Sub-Prefects,  Ay untamientos  or  Town  Councils,  Alcaldes,  and  Justices 
of  the  Peace. 

We  are  informed  on  reliable  authority,  the  Mexican  law  contemplated  the 


150  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

formation  of  a  Supt  rior  Tiibunal  for  each  Department,  and  that  provision 
for  the  establishment  of  sucli  a  court,  with  two  lesser  ones  for  California,  had 
been  made.  The  tribunal  was  to  be  composed  of  four  Judges  and  one 
Attorney-General,  the  senior  three  of  the  former  to  sit  upon  the  first,  and  the 
junior  one  on  the  second  bench.  This  latter,  known  as  the  Court  of  Second 
Instance,  heard  appeals  from  the  Court  of  First  Instance,  and  had  original 
jurisdiction  in  certain  cases.  The  senior  Courts  sat  at  the  capital  of  the 
Department,  while  that  of  First  Instance  held  its  sessions  at  the  chief  town 
in  a  district,  where  it  exercised  a  general  jurisdiction  and  attended  to  cases 
involving  more  than  one  hundred  dollars,  those  for  a  less  sum  being  tried  by 
the  Alcalde  and  Justice  of  the  Peace. 

There  is  no  record  of  a  Superior  Tribunal  ever  having  been  established  in 
California  under  the  Mexican  Government,  and  no  Court  of  First  Instance 
in  San  Jose,  the  chief  k»wn  of  the  district,  until  1849,  when  they  were  com- 
missioned by  the  authority  of  the  United  States.  The  first  Alcalde  of  San 
Jose'  was  appointed  in  1845  in  the  person  of  Antonio  Maria  Pico,  who  was 
succeeded  in  the  following  year  by  Dolores  Pacheco,  the  officer  taken  pris- 
oner by  Captain  Fallon,  July  11,  1846,  during  the  time  of  the  antagonistic 
regiTne  of  Pio  Pico  against  American  settlers.  The  law  was  administered  then 
in  a  peculiarly  lax  manner;  fortunately  or  unhappily,  as  the  case  may  be, 
lawyers  had  not  yet  penetrated  into  the  supposed  wilds  of  the  Pacific  slope. 
The  Alcalde's  word  was  thesupremest  effort  of  legal  wisdom ;  his  silver-headed 
cane  a  badge  of  office  which  the  most  captious  must  respect,  and  could  not 
gainsay,  while,  there  being  no  prisons,  it  was  usual  to  sentence  the  Indian  to 
be  flogged  and  others  to  be  fined. 

Military  Government. — Between  the  years  1846  and  1849,  the  country 
remained  under  the  control  of  the  United  States  military.  In  regard  to  civil 
law  it  was  uttei'ly  at  sea.  A  military  commander  controlled  affairs,  but 
there  was  no  government.  As  long  as  the  war  lasted  it  was  only  natural  to 
expect  that  such  would  be  the  case,  and  the  people  were  content,  but  after 
peace  had  been  attained,  and  the  succes.sion  of  military  governors  remained 
unabated,  a  people  who  had  been  brought  up  to  govern  themselves,  under 
the  same  flag  and  the  same  constitution,  chafed  that  a  simple  change  of  lon- 
gitude should  deprive  them  of  their  inalienable  rights.  With  these  views. 
General  Riley,  who  succeeded  General  Persefer  F.  Smith,  April  18,  1849, 
entirely  sympathized.  When  it  w^as  found  that  Congress  had  adjourned 
without  effecting  anything  for  California,  he  issued  a  proclamation,  June  3d, 
which  was  at  once  a  call  for  a  convention,  and  an  official  exposition  of  the 
administration's  theory  of  the  anomalous  relations  of  California  and  the 
Union.  He  strove  to  rectify  the  dominant  impression  that  California  was 
ruled  by  the  military.  That  had  ceased  with  the  termination  of  hostilities, 
and  what  remained  was  the  civil  government,  which  was  vested  in  a  Gov- 


LEGISLATIVE   HISTORY.  151 

ernor  appoluteJ  by  the  Supreme  Government,  or,  in  default  of  such  appoint- 
ment, the  office  was  vested  in  the  commanding  military  officer  of  the  Depart 
ment,  a  Secretary,  a  Departmental  or  Territorial  Legislature,  a  Superior 
Court  with  four  Judges,  a  Prefect  and  Sub-Prefect,  and  a  Judge  of  the 'First 
Instance  for  each  district,  Alcaldes,  Justices  of  the  Peace,  and  Town  Councils. 
He  moreover  recommended  the  election,  at  the  same  time,  of  delegates  to  a 
convention  to  adopt  either  a  State  or  Territorial  Constitution,  which,  if 
acquiesced  in  by  the  people,  would  be  submitted  to  Congress.  The  procla- 
mation stated  the  number  of  delegates  which  each  district  should  elect,  and 
also  announced  that  appointments  to  the  judiciary  offices  would  be  made 
after  being  voted  for.  The  delegates  from  this  district  to  the  convention 
were  Joseph  Aram,  Kimball  H.  Dimmick,  J.  D.  Hoppe,  Antonio  M.  Pico,  Elam 
Brown,  Julian  Hanks,  and  Pedro  Sainsevain. 

Constitutional  Convention. — On  September  1,  1849,  the  convention  met 
at  Monterey,  Robert  Semple,  of  Benicia,  one  of  the  delegates  from  the  Dis- 
trict of  Sonoma  being  chosen  president.  The  session  lasted  six  weeks;  and, 
notwithstanding  an  awkward  scarcity  of  books  of  reference  and  other  nec- 
essary aids,  much  labor  was  performed,  while  the  debates  exhibited  a  marked 
degree  of  ability.  In  framing  the  original  Constitution  of  California,  slavery 
was  forever  prohibited  within  the  jurisdiction  of  the  State;  the  boundary 
question  between  Mexico  and  the  United  States  was  set  at  rest;  provision 
for  the  morals  and  education  of  the  people  was  made;  a  Seal  of  State  was 
adopted  with  the  motto  Eureka,  and  many  other  subjects  discussed.  The 
Constitution  was  duly  framed,  submitted  to  the  people,  and  at  the  election 
held  on  the  13th  November,  ratified  by  them,  and  adopted  by  a  vote  of 
twelve  thousand  and  sixty-four  for,  and  eleven  against  it;  there  being, 
besides,  over  twelve  hundred  ballots  that  were  ti'eated  as  blanks,  because 
of  an  informahty  in  the  printing.  The  vote  of  the  District  of  San  Jose  on 
the  occasion  was  five  hundred  and  sixty-seven  votes  for,  and  none  against,  its 
adoption,  while  five  hundred  and  seventeen  votes  were  cast  for  Peter  H. 
Burnett,  as  Governor,  and  thu'ty-six  for  W.  S.  Sherwood.  The  popular  voice 
also  made  San  Josd  the  capital;  but  here  let  us  describe  the  preliminaries 
attending  this  consummation. 

San  Jose  Made  the  State  Capital. — During  the  session  of  the  Convention, 
the  residents  of  San  Jose',  in  public  meeting  assembled,  elected  Charles  White 
and  James  F.  Reed  a  committee  to  proceed  to  Monterey,  to  there  use  their 
utmost  endeavors  with  the  members  to  have  San  Jose  named,  in  the  Con- 
stitution, the  State  Capital.  They  found  a  staunch  opponent  nt  once  in  the 
person  of  Doctor  Semple,  the  President,  who  coveted  the  honor  for  his  then 
rising  town  of  Benicia;  he  offering  at  the  time,  that  if  the  favorers  of  the 
San  Jose'  scheme   would   agree   to  permit   the  first  session   to  be  held  at  the 


152  HISTORY    OF   SANTA    CLARA    COUNTY,    CALIFORNIA. 

former  place,  he  doubted  not  but  that  the  permanent  location  at  the  latter 
could  be  readily   effected.     This,  however,  did   not  suit  the  views    of  San 
Jose's  plenipotentiaries,  and,  as  if  to  bait  the  hook,  they  emphatically  prom- 
ised to  be  ready  with  a  suitable  building  by  the  loth  December,  about  the 
time  when  the  Legislature  should  sit — a  rash  promise  enough  when  is  taken 
into  consideration  the  fact  that  such  an  edifice  had  not  then  been  completed 
in  the  town.    Let  us  see  how  they  redeemed  their  pledge.    At  that  time  there 
stood  on  the  south  half  of  lot  number  six,  block  one,  range  one,  south  of  the 
base  line — the  east  side  of  Market  square — a  large,  adobe  structure,  erected 
in  the  year  1849  by  Sainsevain  and  Rochon,  which  w^as  meant  by  them  for  a 
hotel.     I'his  edifice,  as  the  most  suitable  the   town  could  offer  for  a  State 
House,  the  Ayuntamiento  or  Town  Council  purposed  to  rent  for  the  Legis- 
lature, but  the  price^asked   was  so  exorbitant,  four    thousand  dollars  per 
month,  that  it  was  deemed  best  to  purchase  the  building  outright ;  but  here 
the  proprietors  declared  themselves  unwilling  to  take  the  pueblo  authorities 
as  security,  who  were  consequently  placed  in  the  two-fold  dilemma  of  being 
without  the  requisite  funds  to  effect  the  purchase,  and  no  credit  to  rent  it. 
Happily,  those  citizens  in  whose  coffers  lay  most  of  the  wealth,  rather  than 
see  the  pristine  glories  attendant  on  the  presence  of  the  Legislature  in  San 
Jose  glide  from  them,  with  marvelous  generosity,  came  forward  to  save  the 
honor  of  the  delegates  to  the  Convention,  as  well  as  the  credit  of  the  Town 
Council,  and  nineteen  of  them,  namely,  R.  W.  May,  James  F.  Reed,  Peter 
Davidson,  William  McCutchen,  Joseph  Aram,  David  Hickey,  Charles  White, 
F.  Lightston,  J.  D.  Hoppe,  Peter  Quivey,  R.  C.  Keyes,  W.  H.  Eddy,  Benjamin 
Cory,  K.  H.  Dimmick,  J.  C.  Cobb,  P.  Sainsevain,  J.  Belden,  Isaac  Branham 
and  G.  C.  Cook,  executed  a  note  for  the  price  asked,  thirty-four  thousand 
dollars  with  interest  at  the  rate  of  eight  per  cent,  per  month  from  date,  until 
paid.     A  conveyance  was  made  to  Messrs.  Belden,  Reed  and  Aram,  who  held 
the  promises  in  trust  for  the  purchasers,  to  be  ultimately  conveyed  to  the 
pueblo  when  it  could  pay  for  them.     An  appropx'iation  of   fifty  thousand 
dollars,  purchase  money  for  the  building,  was  made  by  the  Legislature,  and 
bonds  bearing  interest  at  the  rate  of  two  and  one-half  per  cent,  per  month 
for  that  amount  were  issued ;  but  the  credit  of  the  new  State,  unfortunately, 
was  below  par,  actual  cash  in  hand  was  the  slogan  of  the  vendors,  the  bonds 
were  sacrificed  at  the  rate  of   forty  cents  on  the  dollar  and   the  amount 
received  thereby  used  in   partial   liquidation  of  the  debt,   the  indebtedness 
remaining  being,  subsequently,  the  cause  of  vexatious  and  protracted  litiga- 
tion. 

On  Saturday,  December  15,  1849,  the  first  State  Legislature  met  at  San 
Josd  E.  Kirby  Chamberlin  being  elected  President  pro  tern,  of  the  Senate, 
and  Thomas  J.  White,  Speaker  of  the  Assembly,  which  august  body 
occupied    the   second    story    of   the   State   House;   but  the  lower   portion. 


LEGISLATIVE    HISTORY.  153 

intended  for  the  Senate,  not  being  ready,  they  were  relegated,  for  a  short 
period,  to  the  house  of  Isaac  Branham,  located  on  the  south-west  corner  of 
Market  square.  On  the  opening  day,  there  were  only  .six  Senators  present; 
the  followin^^  day,  Governor  Riley  and  his  Secretary,  H.  W.  Halleck, 
arrived,  and,  on  Monday  nearly  all  members  were  in  their  places. 

Members  of  First  Legislature. — We  will  now  introduce  to  our  readers  a 
number  of  those  of  California's  first  Legislators,  an  interesting  record  of 
by-gone  times: — 

Senators. — David  F.  Douglass — Born  in  Sumner  county,  Tennessee,  the 
Sth  Januaiy,  1821.  Went  to  Arkansas  with  Fulton  in  1836.  On  the  17th 
March,  1830,  had  a  fight  with  Dr.  William  Howell,  in  which  H.  was 
killed;  imprisoned  fourteen  months;  returned  home  in  1842;  immigrated  to 
Mississippi;  engaged  in  the  Choctaw  speculation;  moved  wnth  the  Choctaws 
west  as  a  clerk;  left  there  for  Texas  in  Winter  of  1845-G.  War  broke  out; 
joined  Hay's  regiment;  from  Mexico  immigrated  to  California,  and  arrived 

here  as  wagoner  in  December,  1848. M.  G.  Vallejo — Born  in  Monterey, 

Upper  California,  July  7,  1807.  On  the  1st  January,  1825,  he  commenced 
his  military  career  in  the  capacity  of  cadet.  He  served  successively  in  the 
capacity  of  Lieutenant,  Captain  of  Cavalry,  Lieutenant-Colonel,  and  General 
Commandant  of  Upper  California.  In  1835,  he  went  to  Sonoma  county  and 
founded  the  town  of  Sonoma,  giving  land  for  the  same.  He  was  a  mem- 
ber of  Convention  in  1849,  and  Senator  in  1850. Elcan  Heydenfeldt — 

Born  in  Charleston,  South  Carolina,  September  15,  1S21 ;  immigrated  to 
Alabama  in  1841;  from  thence  to  Louisiana  in  1844;  to  California  in  1849. 

Lawyer  by  profession. Pablo  de  la  Guerra — Born  in  Santa  Barbara, 

Upper  California,  November  29,  1819.  At  the  age  of  nineteen  he  entered 
the  public  service.  He  was  appointed  Administrator-General  "  de  la  rentas," 
which  position  he  held  when  California  was  taken  by  the  American  forces. 
From  that  time  he  lived  a  private  life  until  he  was  named  a  member  of  the 
Convention  which  framed  the  Constitution   of   the  State.     Represents  the 

District    of  Santa  Barbara  and  San  Luis    Obispo    in    the  Senate. S. 

E.  Woodworth — Born  in  the  City  of  New  York,  November  15,  1815;  com- 
menced career  as  a  sailor  A.  D.  1832.  Sailed  from  New  York  March  9, 
1834.  Entered  the  navy  of  the  United  States  June  14,  1838.  Immigrated 
to  California,  via  Rocky  Mountains  and  Oregon,  April  1,  1846.  Resignation 
accepted  by  Navy  Department,  October  29,  1849.  Elected  to  represent  the 
District  of  Monterey  in  the  first  Senate  of  the  first  Legislature  of  Califor- 
nia for  the  term  of  two  years. Thomas  L.  Vermeule — Born  in  New 

Jersey   on  the  11th    June,  1814;    immigrated  to  California  November  12, 

1846.     Did  represent  San  Joaquin  district  in  the  Senate.     Resigned. — 

W.  D.  Fair — Senator  from  the  San  Joaquin  district,  California;  native  of 


154  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

Virginia;  iuimi^a'ated  to  California  from  Mississippi  in  February,  1849,  as 
"  President  of  the  Mississippi  Rangers  " ;  settled  in  Stockton,  San  Joaquin 
district,  as  an  attorney-at-law. Elisha  0.  Crosby — Senator  from  Sac- 
ramento district;  native  of  New  York  State;   immigrated  from  New  York 

December  25,  1848;    aged   34. D.    C.   Bi-oderick^ — Senator  from  San 

Francisco;  born  in  Washington  City,  D.  C,  February  4,  1818;  immigrated 
from  Washington  to   New    York  City,  March,   1824;    left  New  York   for 

California,  April   17,  1849. E.    Kirby  Chamberlin,  M.  D.— President 

pro  tern,  of  the  Senate,  from  the  District  of  San  Diego;  born  in  Litchfield 
county,  Connecticut,  April  24,  1805  ;  emigrated  from  Connecticut  to 
Onondaga  county,  New  York,  in  1815;  thence  to  Beaver,  Pennsylvania,  in 
1829;  thence  to  Cincinnati,  Ohio,  in  1842;  served  as  surgeon  in  the  U.  S.  A. 
during  the  war  with  Mexico ;  appointed  surgeon  to  the  Boundary  Line 
Commission,  February  10,  1840;  embarked  from  Cincinnati,  Ohio,  February 
15;  arrived  in  San  Diego,  June  1,  1849,  and  in  San  Jose,  December  12,  1849. 

J.  Bidwell — Born  in   Chautauqua  county,  New  York,  5tli    August, 

1819;    immigrated  to  Pennsylvania;    thence  to  Ohio;    thence  to  Missouri; 

thence  in  1841  to  California  ;  term  in  Senate,  one  yesiv. H.  C.  Robinson — 

Senator  from  Sacramento;  elected  November  15,  1849;  born  in  the  State 
of  Connecticut;  immigrated  at  an  early  age  to  Louisiana;  educated  as  a 
lawyer,  but  engaged  in  commeFcial  pursuits ;  arrived  at  San  Francisco, 
February,  1849,  per   steamer   California,  the  first    that    ever  entered  said 

port. Benjamin   S.  Lippincott — Senator  from    San  Joaquin;    born  in 

New  York;  emigrated  February,  1846,  from  New  Jersey;  by  pursuit  a 
merchant;  elected  for  two  years. 

Assemblymen. — Elam  Brown — Born  in  the  State  of  New  York  in  1797; 
emigrated  from    Massachusetts  in  1805  ;    to  Illinois  in  1818;    to  Missouri, 

1837,  and  from   Platte  county,  in  Missouri,  1846,  to  California. J.  S. 

K.  Ogier — Born  in  Charleston,  South  Carolina;  immigrated  to  New  Orleans, 

1845,  and  from  there  to  California,  December  18,  1848. E.  B.  Bateman, 

M.  D. — Emigrated  from  Missouri,  April,  1847  ;  residence,  Stockton,  Alta 
California. Edmund  Randolph — Born  in  Richmond,  Virginia;  immi- 
grated  to  New  Orleans,  1843;    thence  to    California,  1849;    residence,  San 

Francisco. E.  P.  Baldwin — Born  in  Alabama;  emigrated  from  thence 

in  January,  1849;  arrived  in  California,  May  1,  1850;  represents  San  Joa- 
quin district;   re.sides  in  Sonora,  Tuolumne  county. A.  P.  Crittenden — 

Born  in  Lexington,  Kentucky;  educated  in  Ohio,  Alabama,  New  York,  and 
Pennsylvania;  settled  in  Texas  in  1839;  came  to  California  in  1849;  repre- 
sents the  county  of  Los  Angeles. Alfred  Wheeler — Born  in  the  City  of 

New  York,  the  30th  day  of  April,  1820 ;  resided  in  New  York  City  until 
the  21st  May,  1849,  when  he  left  for  California.  Citizen  and  resident  of 
San  Francisco,  which  district  he  represents. James  A.  Gray,  Philadel- 


LEGISLATIVE    HISTOllV.  155 

phia — Monterey,  California;    immigrated  in  184G,  in    the    first  New  York 

Regiment  of  Volunteers. Josei^li  Ai-am — Native  (jf  State  of  New  York; 

immigrated  to  California,  1846;  present  residence,  San  Jos^,  Santa  Clara 
county. Joseph  C.  Morehead — Born  in  Kentucky;  immigrated  to  Cal- 
ifornia in  1846;  resides  at  present  in  the  County  of  Calaveras,  San  Joaquin 
district. Benjamin  Cory,  M.  D. — Born  November  12,  1822;  immi- 
grated to  the  Golden  State  in  1847;  residence  in  the  Valley  of  San  Josd. 
Thos.  J.  Henley — Born  in  Indiana  ;  fandly  now  resides  in  Charles- 
town,  in  that  State ;   immigrated  to  California  in  1849,  through  the  South 

Pass ;     i-esidence   at    Sacramento. Josd    M.    Covarrubias — Native    of 

France;  came  to  California  in  1834;  residence  in  Santa  Barbara,  and  Repre- 
sentative for    that    district. Elisha  W.  McKinstry — Born  in    Detroit, 

Michigan  ;  immigrated  to  California  in  March,  1849;  residence  in  Sacramento 

district,   City  of   Sutter. — George  B.  Tingley— Born  August   15,  1815, 

Clermrmt  county,  Ohio ;  immigrated  to  Rushville,  Indiana,  November,  4, 
1834;  .started  to  California  April  4,  1849;  reached  there  October  16th; 
was  elected  to  the  Assembly  November  13th,  from  Sacramento  district,  and 
is  now  in  Pueblo  de  San  Jose. 

At  the  start  considerable  dissatisfaction  was  felt  in  respect  to  the  accom- 
modation offered  by  the  State  House,  and  only  four  days  after  its  first  occu- 
pation, George  B.  Tingley,  a  member  from  Sacramento,  introduced  a  bill  to 
remove  the  Legislature  to  Monterey.  It  only  passed  its  first  reading  and 
was  then  consigned  to  the  purgatory  of  "  further  action." 

Governor  Burnett  Assumes  Office. — Governor  Riley  resigned  his  guber- 
natorial functions  to  Governor  Peter  H.  Burnett  on  the  20th  December, 
1849,  and  on  the  same  date  Secretary  Halleck  was  relieved  of  his  duties, 
and  K.  H.  Dimmick  appointed  Judge  of  the  Court  of  First  Instance.  On 
this  day  also  Colonel  J.  C.  Fremont  received  a  majority  of  six  votes,  and 
Dr.  William  M.  Gwin  a  majority  of  two,  for  the  United  States  Senate; 
while  at  noon  of  the  following  day  Governor  Burnett  delivered  his  first 
message. 

State  Capital  Removed. — And  now  a  monster  enemy  to  the  interests  of 
San  Jose  appeared  in  the  field.  General  Mariano  Guadalupe  Vallejo,  a 
Senator  from  the  District  of  Sonoma,  and  owning  lordly  possessions  to  the 
north  of  the  San  Francisco  bay,  addressed  a  memorial  to  the  Senate,  dated 
April  3,  1850,  pointing  out  the  advantages  possessed  by  the  site  of  the  town 
of  Vallejo  over  San  Jose'  and  other  places  that  claimed  the  honor  of  having 
the  State  Capital.  To  secure  the  boon  the  General  undertook  to  grant  to 
the  State,  free  of  co.st,  twenty  acres  for  a  Capitol  and  grounds,  with  one 
hundred  and  thirty-six  acres  added  for  other  State  buildings,  in  addition  to 
which  he  further  proposed  to  donate  and  pay  over  to  the  State,  M'ithin  two 
years,  the  large  sum   of  three  hundred  and  seventy  thousand  dollars,  to  be 


156  HISTOEY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

devoted  to  the  construction  of  buildings  and  supplying  them  with  the 
necessary  internal  arrangements  San  Jose'  strove  hard  to  retain  the  cov- 
eted prize.  The  citizens  did  everything  in  their  power  to  pander  to  the 
wishes  of  the  Legislators.  Their  pay,  which  was  sixteen  dollars  per  day,  was 
received  in  State  scrip,  which  was  by  no  means  at  par  value  in  the  market ; 
to  propitiate  them  hotel-keepers  and  tradesmen  consented  to  take  the  scrip 
at  that  valuation,  a  boon  which  caused  the  dislike  to  San  Jose'  to  be  consid- 
erably modified;  yet,  that  was  scarcely  enough  vis-a-vis  of  such  splendid 
bids  as  that  of  Yallejo.  Offers  consequently  poured  in  from  all  sides.  The 
citizens  of  San  Jose,  through  James  F.  Reed,  offered  four  blocks  of  land  and 
one  hundred  and  sixty  lots,  which  were  to  be  sold  for  the  purpose  of  raising 
funds  for  building  the  Capitol;  another  bid  was  that  of  Charles  White,  who 
tendered  one  and  Qne-half  square  miles  of  land,  situated  some  three  miles 
from  the  center  of  the  city,  upon  the  condition  that  the  State  should  lay  it 
out  in  lots  for  sale,  reserving  a  portion  sufficient  for  buildings,  and  that  one- 
third  of  the  sum  so  realized  should  be  paid  to  him,  and  the  balance  to  be 
given  to  the  State  for  building  purposes;  a  third,  of  two  hundred  acres, in 
close  proximity  to  the  town,  was  made  by  John  Townsend,  who  stipulated 
that  all  buildings  should  be  placed  thereon,  save  the  Penitentiary.  Excite- 
ment ran  high ;  the  sign  of  the  times  was  watched  with  keen  eagerness,  but 
unhappily  with  no  avail. 

Upon  receipt  of  General  Vallejo's  memorial  by  the  Senate,  a  committee 
composed  of  members  who  possessed  a  thorough  knowledge  of  the  country 
on  which  his  remarks  bore,  both  geographical  and  topographical,  were 
directed  to  report  for  the  information  of  the  President,  upon  the  advantages 
claimed  for  the  location  of  the  capital  at  the  spot  suggested,  in  preference  to 
others.  The  report  in  which  the  following  words  occur,  was  presented  to 
the  Senate  on  April  2,  18.50: — "Your  committee  cannot  dwell  with  too 
much  warmth  upon  the  magnificent  propositions  contained  in  the  memorial 
of  General  Vallejo.  They  breathe  throughout  the  spirit  of  an  enlarged 
mind  and  a  sincere  public  benefactor,  for  which  he  deserves  the  thanks  of 
his  countrymen  and  the  admiration  of  the  world.  Such  a  proposition  looks 
more  like  the  legacy  of  a  mighty  emperor  to  his  people  than  the  free  dona- 
tion of  a  private  planter  to  a  great  State,  yet  poor  in  public  finance,  but 
soon  to  be  among  the  first  of  the  earth."  The  report,  which  was  presented 
by  Senator  D.  C.  Broderick,  of  San  Francisco,  goes  on  to  point  out  the 
necessities  that  should  govern  the  site  for  California's  capital,  recapitulates 
the  advantages  pointed  out  in  the  memorial,  and  finally  recommends  the 
acceptance  of  General  Vallejo's  offer. 

The  acceptance  did  not  pass  the  Senate  without  some  opposition  and  con- 
siderable dela}';  however,  on  February  14,  1851,  the  Act  of  Removal  was 
passed,  and  on  May  1st  of  that  year  the  Legislature  held  its  last  session  in 


LEGISLATIVE    HISTORY.  157 

San  Jose,  but  the   archives   were  not  moved  to  Vallejo   until  considerably 
later. 

It  is  not  within  the  province  of  this  work  to  follow  the  Seat  of  Govern- 
ment of  the  State  further,  suffice  it  to  say  that  the  Legislature  first  sat  at 
Vallejo  January  .5,  18.52;  .seven  days  later  it  was  transferred  to  Sacramento; 
January  3,  1853,  it  once  more  met  at  Vallejo;  it  was  removed  to  Benicia 
February  11th  of  the  same  year,  where  it  remained  for  the  remaining  por- 
tion of  the  session,  when  a  bill  was  passed  to  fix  the  capital  of  the  State  at 
Sacramento,  and  thereafter  clinched  by  large  appropriations  for  building  the 
present  nuigniticent  Capitol  there. 

The  capital  being  removed  from  San  Jose' the  Town  Council  sold  the  State 
House  for  thirty-eight  thousand  dollars,  which  sum  it  was  intended  should 
be  applied  to  the  liquidation  of  the  note  referred  to  above.  The  money,  it 
appears,  was  not  so  applied,  therefore  legal  proceedings  were  instituted  by 
Messrs.  Aram,  Belden  and  Reed,  or  their  representatives,  against  the  city,  to 
obtain  the  foreclosure  of  a  mortgage  executed  to  them  by  the  civic  authorities 
in  1850,  to  secure  the  purchase  of  the  property.  A  decree  of  foreclosure  was 
obtained,  the  pueblo  lands  l)i-ought  to  the  hammer  and  bought  in  by  the 
Trustees  of  the  plaintiffs,  who  had  organized  themselves  into  a  land  com- 
pany, and  claimed  title  to  all  the  pueblo  lands,  a  claim  which  was  resisted 
to  the  bitter  end  by  the  pueblo  authorities. 

The  question  of  the  legalit}'^  of  the  removal  was  brought  up  in  1854 
before  the  Supreme  Court,  when  a  majority  of  the  Justices,  Heydenfelt  and 
Wells,  held  that  according  to  law  San  Jose  was  the  capital  of  the  State, 
who  thereupon  made  the  following  order  March  27th: — 

"  It  is  oi'dered  that  the  Sheriff  of  Santa  Clara  county  procure  in  the 
town  of  San  Jose',  and  properly  arrange  and  furnish  a  court-room,  Clerk's 
office,  and  consultation  room,  for  the  use  of  the  Court.  It  is  further 
ordered  that  the  Clerk  of  this  Court  forthwith  remove  the  records 
of  the  Court  to  the  town  of  San  Josd.  It  is  further  ordered  that  the  Court 
will  meet  to  deliver  opinions  at  San  Jose,  on  the  first  Monday  in  April,  and 
on  that  day  will  appoint  some  future  day  of  the  term   for   the  argument  of 

cases.  "  Heydenfelt,  J. 

'•  Wells,  J. 
"Attest:  D.  K.  Woodside,  Clerk" 

A  writ  of  mandamus  on  the  strength  of  the  above  was  issued  from  the 
Third  District  Court  against  all  of  the  State  officers,  commanding  that  they 
should  remove  their  offices  to  San  Jose',  or  show  cause  why  they  should  not 
do  so.  The  argument  was  heard  and  the  theory  maintained  that  San  Jose' 
was  the  proper  capital  of  the  State,  whereupon  an  appeal  was  carried  to  the 
Supreme  Court.  In  the  interim  Justice  Wells  had  died,  his  place  being 
filled  by  Justice  Bryant.     On  the  appeal  the   Supreme   Court  decided  that 


lo8  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

San  Jose  was  not  the  State  Capital,  from  which  decision  Justice  Heydent'elt 
dissented.  Yet,  notwithstanding  this  decree,  the  good  people  of  San  Jose 
have  an  inward  feeling  that  they  were  somehow  done  out  of  the  State 
Capital. 

Judicial  Districts. — The  State  was  divided  into  Judicial  Districts  March 
29,  1850,  John  H.  Watson  being  elected  Judge  of  the  Third  District,  of 
which  Santa  Clara  county  was  a  portion.  The  first  case  tried  in  this  Court 
was  that  of  Clemente  Pinaud  versus  Ramon  Hurtado,  Antonio  Laman, 
Francisco  Ballesteras  and  Joaquin  Bennetez,  the  cause  of  action  being  to 
obtain  the  foreclosure  given  to  secure  the  payment  of  five  thousand  dollars, 
with  interest  at  eight  per  cent,  per  month. 

County  Court. — On  March  23,  1850,  the  Act  entitled  "An  Act  to  Hold 
the  First  County  Election,"  was  passed  by  the  Legislature,  and  April  23d, 
J.  W.  Redman  and  H.  C.  Melone  organized  the  first  County  Court,  as  Judge 
and  County  Clerk  respectively.  It  was  further  ordered  by  the  Act  above 
quoted  that  an  election  be  held  in  the  townships  which  had  been  created  on 
May  4th,  for  two  Justices  of  the  Peace  and  two  Constables,  but,  unfoi-tun- 
ately,  the  records  of  this  election  are  not  to  be  traced.  The  names  of  the 
successful  candidates  are  preserved,  however,  and  we  here  produce  them, 
they  being  the  first  officers  of  the  county  whose  names  appear  as  the  choice 
of  the  people.  For  further  particular's  of  this  nature  we  refer  the  reader  to 
the  elaborate  table  at  the  end  of  this  chapter:  Justices  of  the  Peace,  H.  C. 
Smith,  H.  M.  T.  Powell,  Washington  township;  Davis  Divine,  William 
Daniels,  San  Jose  township;  John  Gih'oy,  Jose'  Quintin  Ortega,  Gilroy 
township ;  Caswell  Davis,  Charles  Clayton,  Santa  Clara  township ;  G.  A. 
Dabney,  and  W.  G.  Bowden,  Redwood  township.  Constables,  for  the  town- 
ships in  the  above  order,  (no  choice  in  Washington),  S.  W.  Daniels,  V. 
Martinez,  William  Haun,  and Burton. 

Almost  the  first  record  in  the  minutes  of  the  Court  above  established  is 
the  admission  to  citizenship  of  Baptist  F.  Christian,  on  May  27,  1850.  On 
June  1st,  the  above  Justices  of  the  Peace,  met  at  San  Jose  and  elected  Cas- 
M^ell  Davis  and  H.  C.  Smith  Associate  Justices  of  the  County  Court,  and  on 
the  following  day,  with  J.  W.  Redman,  Presiding  Judge ;  H.  C.  Melone^ 
Clerk;  John  Yontz,  Sheriff,  commenced  the  proper  duties  of  the  Court  of 
Sessions.  On  the  4th  July,  they  established  the  rate  of  county  licenses  ;  on 
the  24th  August,  an  adjournment  was  made  out  of  respect  to  the  mem- 
ory of  the  late  Zachary  Taylor,  President  of  the  United  States ;  and  on 
Augu.st  27th,  the  following  assessment  was  ordered  to  be  levied:  For  State 
purposes,  fifty  cents  per  one  hundred  dollars,  and  five  dollars  poll-tax; 
and  for  county  purposes,  twenty-five  cents  per  one  hundred  dollars,  and  two 
dollars  and  a  half  poll  tax. 


LEGISLATIVE    HISTORY.  159 

Califuruia  havini^-  been  admitted  to  the  Union  on  September  9,  1850,  and 
as  tlie  day  fixed  for  holding  elections  was  the  first  Wednesday  in  September, 
which  fell  on  the  fourth,  no  legal  election  could  have  taken  place  in  1851, 
indeed,  the  records  show  no  sign  of  any  general  election  having  been  held 
until  the  following  year,  still  we  are  assured  by  some  of  the  oldest  inhabit- 
ants that  an  election  did  take  place  in  1851. 

July  8,  1852,  we  find  that  John  M.  Murphy,  late  County  Treasurer,  filed 
his  financial  statement  of  the  condition  of  the  finances  of  the  county  from 
January  1,  to  April  1,  1852,  which  being  found  correct,  he  was  ordered  to 
be  discharged  from  further  liability.  As  an  interesting  exposition  of  the 
early  accounts  of  the  county,  we  subjoin  a  resume  oi  Mr.  Murphy's  state- 
ment. 

Receipts  and  Disbursements  to  quarter  ending  March  31,  1852. — Receipt?, 
S8,316.42.  Disbursements,  $3,693.08.  Balance  in  favor  of  Treasurer, 
$77.26.  Receipts  and  Disbursements  to  quarter  ending  June  30,  1852. 
Receipts,  $2,975.84.  Disbursements,  $2,601.74.  Balance  in  Treasury, 
$374.10.  Tax  Account  for  building  purposes,  three  payments;  in  Decem- 
bei',  1851,  and  February  and  June,  1852,  into  the  Treasury,  $5,671.84. 
Paid  Superintendent  four  installments,  December,  1851,  January  and  June, 
1S52,  $5,500.00.  Interest,  $56.71.  Balance,  $115.13.  We  now  turn  to  a 
statement  of  another  nature.  It  is  always  pleasant  to  watch  the  growth  of 
a  district.  True,  that  of  Santa  Clara  had  long  been'  peopled,  and  that  for 
years  the  soil  had  been  tilled,  and  stock  reared,  yet,  as  an  example  of  what 
the  county  was  made  two  years  after  its  receiving  the  rights  and  privileges 
of  a  State,  we  produce  the  accompanying  figures,  ordered  by  the  Board  of 
Supervisors,  who  were  now  in  oflice,  to  be  made  a  matter  of  record. 
November  18,  1852,  Census  Returns:  Number  of  white  inhabitants,  6,158; 
number  of  white  male  citizens  of  the  United  States,  over  twenty-one  years 
of  age,  1,717;  number  of  male  citizens  of  the  United  States,  4,096;  niimber 
of  female  citizens  of  the  United  States,  2,062;  number  of  negroes,  53; 
number  of  negroes  (male),  over  twenty-one  years,  39  ;  number  of  negroes 
(female),  8 ;  number  of  mulattoes  (male),  none;  number  of  mulattoes 
(female),  3 ;  number  of  domesticated  Indians,  450;  number  of  domesti- 
cated Indians  (male),  288;  number  of  domesticated  Indians  (female), 
162;  number  of  foreign  residents,  1,335;  number  of  male  foreign  residents, 
1,059;  number  of  male  foreign  residents  over  twenty-one  years  of  age, 
1,081;  number  of  female  foreign  residents,  276.  So  much  for  the  genus 
homo.  The  stock  and  produce  numbered  as  follows:  Horses,  4,371;  mules; 
609;  cows,  4,201;  beef  cattle,  16,020;  work  oxen,  3,546;  hogs,  1,765;  sheep, 
3,620;  goats,  117;  turkeys,  110;  fowls,  2,690;  onions,  8,356,600;  cabbages, 
413,500;  carrots  (bushels),  11,000;  beets  (bushels),  21,000;  grape  vines, 
16,800;  fruit  trees,  17,739;  tons  of  hay,  1,175;  number  of  bricks,  500,000, 


IGO  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

bushels  of  barley,  415,340;  of  oats,  13,520;  of  coin,  9,645;  of  wheat,  122,192; 
of  potatoes  653,700;  of  beans,  1,300;  other  produce,  (pounds)  501,450;  acres 
of  land  under  cultiv^ation,  19,066;  amount  of  capital  invested,  $1,152,325. 

However  unpleasant  the  task,  it  is  the  duty  of  all  veracious  historians  to 
chronicle  every  fact  that  may  come  within  their  knowledore.  Happily  for 
all  concerned  the  doings  so  handed  down  to  posterity  are  mostly  of  a  pleas- 
ant nature,  but,  occasionally  the  regretable  task  is  his  to  perpetuate 
instances  of  crime  which  might  be  better  left  in  the  dark  with  the  perpetra- 
tor. When  the  case  is  that  of  malfeasance  of  office,  then,  however  painful, 
the  story  should  be  told  in  its  full  deformity. 

Ere  the  first  month  of  the  year  1858  had  been  brought  to  a  close  the 
entire  county  was  startled  by  the  intelligence  that  the  public  Treasury  had 
been  robbed.  The  Treasurer,  William  Aikenhead  declared  that  he  had  been 
knocked  down  in  the  darkness  of  night,  and  robbed  of  his  keys;  the  unex- 
pectedness of  the  attack  was  such  as  to  preclude  the  possibility  of  his  recog- 
nizing the  robber.  His  story  of  the  assault  was  this:  Hearing  a  noise  in  the 
rear  building  about  eight  in  the  evening,  and  not  long  after  a  step  on  the 
front  porch,  and  his  name  called,  he  opened  the  door  to  ascertain  who  it  was 
that  called  "so  loud  in  the  dark;"  that  on  emerging  he  received  the  blow 
which  laid  him  prostrate;  that  he  was  thereupon  choked,  his  pockets 
emptied,  the  key  of  the  safe  taken  and  two  of  the  men  entering  the 
office,  lielped  themselves  to  the  money,  several  thousand  dollars,  deposited  in 
two  bags  one  marked  "  State  "  and  the  other'"  County."  That  the  Board  of 
Supervisors  placed  full  credence  in  Aikenhead's  story  the  following  extract 
from  their  records  will  show:  "  It  appearing  to  the  satisfaction  of  the  Board 
of  Supervisors,  that  the  sum  of  §1,045,15  belonging  to  the  General  Fund  for 
the  redemption  of  county  warrants;  S115.25,  belonging  to  the  Special  Fund; 
$955.05,  belonging  to  the  County  Building  Fund;  S78.50  belonging  to  the 
Estates  of  deceased  persons,  and  $2000  due  the  Indian  Fund,  funds  belong- 
ing to  the  County  of  Santa  Clara  and  in  the  hands  of  the  Treasurer,  by 
violence  and  without  any  neglect  or  default  of  the  said  Treasurer,  were 
stolen,  it  is  ordered  that  said  Treasurer  do  have  in  his  next  annual  settle- 
ment with  the  Auditor  of  said  county  a  credit  and  acquittance  to  the 
amount  of  the  sum  of  $2,218.95,  [this  foots  up  to  $4,193.95],  and  that 
the  several  accounts  of  th^  said  Treasurer  in  the  several  funds  above  set 
forth  be  allowed  the  credit  to  the  amount  above  set  down  to  each  of  said 
funds  respectively  and  the  same  be  charged  to  the  county. — All  of  which 
was  duly  reported  as  having  been  carried  out  by  William  Aikenhead.  In 
the  month  of  February,  1854,  he  suddenly  was  missed.  On  the  21st  a  com- 
mittee of  three,  in  company  with  the  District  Attorney,  was  appointed  by  the 
Board  of  Supervisors  to  examine  all  the  books  and  papers  of  the  Treasurer's 
office  and  thereafter  file  a  report  with  the  Clerk,  the  committee  to  be  com- 


fT;  I 


ASTO^,.-«,,OXAND 


LEGISLATIVE    HISTORY.  161 

posed  of  J.  M.  Murphy,  W.  R.  Bassham  and  W.  L.  Smitli.  It  was  ordered 
that  upon  the  receipt  of  the  report  immediate  notice  should  be  given  to  the 
Board,  who  would,  forty-eight  hours  thereafter,  meet  in  session.  This  meet- 
ing was  convened  March  3tl  when,  on  motion,  the  report  of  the  committee 
as  given  under  was  read :  "  To  the  Honorable  Board  of  Supervisors  of  Santa 
Clara  county. — The  undersigned  committee  appointed  by  the  Board  of 
Supervisors  of  Santa  Clara  county  to  examine  all  the  papers  and  books  of 
the  Treasurer's  office  having  performed  that  duty  respectfully  report:  That 
they  diligently  and  carefully  examined  the  books  and  papers  found  in  the 
late  Treasurer's  oHicc,  and  corrected  them  when  found  proper,  and.  entered 
everything  to  the  credit  of  the  Treasurer  for  which  we  found  the  necessary 
vouchers,  and  find  the  cash  received  by  him  since  October  1, 1852,  amounts  to 

to  the  sum  of $71,680  92 

And  payments  made  by  him  during  that  time 55,614  42 

Leaving  a  balance  unaccounted  for  of S16,066  50 

Which  amount  is  due  to  the  following  accounts: — 

To  the  State  of  California S  5,120  13 

Building  Fund 1,260  35 

County  of  Santa  Clara 10,021  91 

Lost  Property     17  50 

$16,428  89 
From  which  sum  is  to  be  deducted : — 

Overpaid  Special  Fund  Account    $194  74 

And  School  Fund  Account    168  60-     863  34— $16,065  55 

Leaving  a  discrepancy  unfound  of    .95 

"  The  undersigned  have  been  extremely  careful  in  overhauling  the  books  of 
the  late  Treasurer's  office  and  in  elucidation  of  the  foregoing  statement  have 
transcribed  from  the  Treasurer's  books  the  aggregate  debit  and  credit  of 
each  account  as  they  stand  in  said  books,  as  a  matter  of  reference  and  here- 
with file  the  same.  In  pursuing  an  investigation  of  the  books  of  the  office 
various  other  matters  were  presented  to  our  notice,  which  we  deem  it  our 
duty  to  report.  The  first  is,  upon  reference  to  the  Auditor's  office,  we  find 
the  late  Treasurer  has  received  from  the  Collector  of  State  and  County 
Taxes  in  February  instant,  the  sum  of  $4,000  which  is  not  credited  in  the 
books;  he  is  therefore  chargeable  with  that  sum  in  addition  to  the  balance 
above  stated.  We  have  also  been  advised  by  J.  H.  Morgan,  Superintendent 
or  Commissioner  of  Common  Schools  of  Santa  Clara  county  that  he  was 
advised  by  letter  by  Hon.  Paul  K.  Hubbs  dated  January  11,  1854,  that  he 
had  paid  the  Treasurer  the  sum  of  $7,235.89  for  benefit  of  common  schools 
11 


1(J2  HISTORY    OF   SANTA    CLARA    COUNTY,    CALIFORNIA. 

of  this  county.  We  have  ascertained  that  the  late  Treasurer  has  not  entered 
any  amount  received  for  licenses  issued  since  the  16th  SeptemLer  last,  and 
ftom  the  loose  manner  in  which  parties  act  after  paying  the  Treasurer  for 
the  license  (omitting  to  tile  his  receipt  with  the  Auditor  of  the  county) 
renders  it  impracticable  to  ascertain  the  amount  he  is  justly  responsible  for 
on  that  account.  All  of  which  is  respectfully  submitted:  William  L.  Smith; 
W.  R.  Bassham,  Jno.  M.  Murph}^,  Committee,  San  Jose,  March  1,  1854." 
And  so  the  matter  rested  for  a  year;  then  on  February  13,  1855,  we  find  the 
Board  of  Supervisors  directing  proceedings  to  be  instituted  against  Aiken- 
head,  or  his  representatives,  to  recover  the  amount  due  to  the  county,  but 
whether  the  ex-Treasurer  ever  repented  of  his  ways  and  refunded  the  sum 
due,  or  if  his  bondsmen  were  held  liable,  the  official  records  do  not  divulge. 

January  28, 1853,  the  first  installment  of  ten  thousand  dollars  as  payment 
for  the  State  House  ma,s  ordered  by  the  Board  of  Supervisors  to  be  allowed 
to  the  City  of  San  Jose,  upon  condition  that  the  corporation  execute  a  full 
release  of  all  claims  and  demands  against  the  county.  The  deed  v/as  pre- 
sented on  the  following  day  by  Thomas  White,  Mayor  of  the  city,  to  whom 
was  issued  a  certificate  for  the  amount  stated.  On  June  8th,  H.  C.  Melone 
and  John  Yontz  were  appointed  Commissioners  to  act  in  conjunction  with 
those  to  be  appointed  by  Alameda  and  Contra  Costa  counties,  to  ascertain 
the  indebtedness  of  Alameda  to  each  of  the  others.  These  gentlemen  filed 
their  report  October  5th,  when  the  District  Attorney  was  instructed  to  make 
a  legal  demand  on  Alameda  county  for  the  amount  owing  to  Santa  Clara. 
At  this  time  the  revenue  of  the  county  was  reported  by  Sherift' Johnson, 
ex-qfjfixio  Tax  Collector,  to  be:  State,  $14,037.98;  County,  $12,198.89; 
School,  $1,224.69;  Building,  $6,099.44;  Total,  $34,161.00. 

Owing  to  the  influx  of  persons  out  of  health,  who  had  succumbed  to  the 
thousand  ills  that  flesh  is  heir  to,  at  the  mines  and  elsewhere,  and  who, 
having  heard  of  the  glories  of  the  Santa  Clara  valley,  had  come  hither  to 
regain  strength,  without  the  visible  means  of  support  or  funds  to  take  them 
back  to  whence  they  came,  joint  action  between  the  county  and  the  City  of 
San  Jose  was  resolved  upon  January  10,  1854,  which  resulted  in  the  presen- 
tation of  a  petition  to  the  Legislature  asking  that  the  sum  of  seventeen 
thousand  four  hundred  and  forty  dollars  be  appropriated  for  the  relief  of 
the  indigent  sick  in  the  county;  the  petition  was  un.successful,  however,  and 
"  the  halt,  the  lame,  and  the  blind,"  were  the  recipients  of  the  local  public 
bounty. 

November  6,  1855,  the  Sheriff"  was  authorized  to  take  charge  of  vagrants, 
and  employ  them  in  any  manner  that  he  should  see  fit,  either  in  working 
in  the  Court  House  yard,  or  hiring  them  out  by  the  day.  We  cannot  help 
thinking  that  if  such  a  rule  obtained  now  it  would  go  a  great  way  towards 
abating  the  daily  increasing  nuisance  of  wandering  tramps,  and  in  a  measure 
exercise  a  considerable  influence  upon  checking  crime. 


LliGISLATIVE    HISTORY.  103 

In  the  year  1859,  the  Santa  Clara  Valley  Agricultural  Society  was  formed; 
on  August  3l1,  on  the  application  of  H.  C.  Melone  and  Coleman  Younger  a 
donation  of  five  hundred  dollars  was  granted  to  it  from  the  Current  Expense 
Fund,  and  September  10,  18G0,  the  Supervisors  gave  the  use  of  the  court- 
room in  which  the  societ}'  might  hold  its  first  annual  fair. 

We  now  arrive  at  the  year  1860,  the  first  decade  of  American  government. 
Let  us  see  what  the  Treasurer's  statement  has  to  say  in  regard  to  the  i)ublic 
exchequer.  On  February  1st  the  Cun-ent  Expense  Fund  amounted  to  Sll,- 
060.85;  the  Funded  Debt  Fund  to  S8,508.20;  Hospital  Fund,  S170.57; 
Road  Fund,  $1,086.13;  Estray  Fund,  $36.75,  and  School  District  Fund,  Sl,- 
563.75.  March  5th,  the  taxes  for  the  year  were  fixed  at:  For  State  pur- 
poses, sixty  cents  on  each  one  hundred  dollars;  for  County  purpo.ses.  Current 
Expense  Fund,  forty-five  cents  on  each  one  hundred  dollars  worth  of  pro- 
perty; Funded  Debt  and  Interest  Fund,  twenty-eight  cents;  Hospital 
Fund,  twelve  cents;  School  Fund,  ten  cents;  and  Road  Fund,  five  cents  on 
each  one  hundred  dollars;  also  a  Road  Tax  of  four  dollars  on  each  able- 
bodied  citizen  of  the  county  under  fifty  and  over  twenty-one  years,  who  is 
not  a  resident  of  an  incorporated  city.  June  16, 1860,  we  find  that  a  special 
election  was  ordered  to  be  held  July  10th,  to  submit  the  question  of  sub- 
scribing two  hundred  thousand  dollars  to  the  capital  stock  of  the  San  Fran- 
cisco and  San  Jose'  Railroad  Company.  In  this  matter  and  of  all  other  rail- 
ways in  the  county  the  Board  of  Supervisors  have  ever  been  fully  alive  to 
the  advantages  to  be  derived  from  such  arteries  of  traffic,  and  have  always 
done  their  utmost  to  further  any  scheme  which  would  benefit  the  county. 

July  25,  1861,  the  San  Jose  and  Alviso  Turnpike  Company  were  granted 
the  right  of  way  over  the  whole  length  of  the  public  road  leading  from  the 
intersection  of  First  street,  on  the  northern  limits  of  the  City  of  San  Jose  to 
the  town  of  Alviso,  for  a  term  of  twenty-one  years  from  date.  It  would 
appear  as  if  a  military  company  had  been  formed  in  the  county  about  this 
time,  to  be  succeeded  by  others,  for  the  following  entries  are  duly  made  in 
the  Supervisoral  records:  November  6,  1861,  the  leasing  of  a  I'oom  in 
Maclay's  block  to  the  county  as  an  armory  for  the  "  Santa  Clara  Light 
Infantry,"  who  had  complied  with  the  militia  laws  of  the  State  was  sanc- 
tioned; another  appropriation  was  made  for  a  like  purpose,  in  the  case  of 
the  "Union  Guard  of  San  Jose,"  on  November  7th,  while  exactly  two  years 
later  an  allowance  was  made  for  the  "  Santa  Clara  Zouaves." 

In  the  year  1862  the  following  amendments  to  the  Constitution  were 
proposed : — 

Article  IV.  of  the  Constitution  to  be  so  amended  as  to  provide  for  sessions 
of  the  Legislature  every  two  years,  instead  of  every  year  as  was  then  the 
custom.  This  would,  of  course,  have  necessitated  the  extention  of  the  terms 
of  office — of  the  Senators  to  four,  and  of  the  Representatives  to  two  years. 


164  HISTORY    OF    SANTA    CLARA   COUNTY,    CALIFORNIA. 

No  officer,  however,  was  to  be  superseded  by  the  action  of  this  amendment. 
It  was  intended  that  the  other  provisions  of  this  article  should  remain  intact. 

Article  V.  to  be  so  amended  as  to  increase  the  terms  of  office  of  the 
Governor,  Lieutenant  Governor,  Controller,  Treasurer,  Attorney  General,, 
and  Surveyor  General  to  four  years  instead  of  two.  The  Secretary  of  State 
to  be  elected  by  the  people  instead  of  being  appointed  by  the  Governor,  by 
and  with  the  consent  of  the  Senate. 

Article  VI.  to  remodel  the  judiciary  system.  The  Supreme  Court  to  con- 
sist of  five  membei-s  instead  of  three.  The  election  of  Justices  of  the 
Supreme  Court  to  be  separated  from  the  election  of  other  officers.  These  to 
hold  office  for  the  term  of  ten  years.  The  number  of  District  Judges  to  be 
reduced  to  fourteen.  The  jurisdiction  of  the  latter  to  be  limited  to  cases 
involving  over  three  hundred  dollars.  The  jurisdiction  of  Justices  of  the 
Peace  to  be  increased  ^:o  that  amount. 

Article  XL  The  term  of  the  Superintendent  of  Instruction  to  be  increased 
to  four  years.  But  there  is  no  record  of  what  the  vote  was  on  the 
occasion. 

December  18, 1862,  we  find  that  a  right  of  way  was  granted  to  the  "Santa 
Cruz  Gap  Turnpike  Joint  Stock  Company,"  over  the  portion  of  the  public 
road  commencing  at  the  creek  near  the  toll-gate  and  extending  to  the  foot  of 
the  mountain  where  the  company's  said  road  begins. 

May  9, 1863,  directions  were  given  for  the  establishment  of  a  pound  in  San 
Jose'  township,  at  the  residence  of  Thomas  Blake,  near  the  Seven-mile  House. 
Mr.  Blake  being  appointed  pound-master ;  and  on  the  inauguration  of  a 
Teachers'  Institute,  a  yearly  appropriation  for  its  benefit  was  ordered  July 
6th. 

In  accoi'dance  with  the  Act  "to  redistrict  the  County  of  Santa  Clara  and 
to  provide  for  the  election  of  Supervisors,  approved  January  21,  1864,"  the 
Board  of  Supervisors  was,  March  7,  1864,  organized  and  ballots  cast  for 
terms  of  service  as  follows:  J.  H.  Quimby,  Supervisor  at  large.  President  of 
the  Board;  Chapman  Yates  and  L.  Robinson,  Districts  1  and  2,  to  serve  two 
years,  and  F.  Sleeper  and  J.  A.  Perkins,  Districts  3  and  4,  to  serve  four 
years.  May  3d,  the  incorporation  of  the  town  of  Santa  Clara  was  author- 
ized in  accordance  with  the  terms  of  a  petition  of  the  inhabitants  thereof. 
A  plan  of  the  incorporated  limits  will  be  found  on  reference  to  page  142, 
book  C,  of  the  Records  of  the  Board  of  Supervisors.  It  would  appear,  how- 
ever, that  some  informality  attended  the  petition  and  subsequent  authority 
for  incorporation,  for.  May  SO,  1865,  another  entry  authorizes  the  re-incor- 
poration of  the  town,  the  plan  for  which  will  be  found  on  page  250  of  the 
same  book. 

February  10,  1866,  the  Board  directed  that  a  public  meeting,  of  the 
citizens  of  Santa  Clara  county  be  called  to  take  into  consideration  the  expe- 


LEGISLATIVE   HISTORY.  165 

diency  of  ailopting  ways  and  means  to  secure  legislative  action  for  the  loca- 
tion of  the  Mechanical,  Agricultural  and  Mining  College  in  the  county;  while, 
May  8th,  the  County  Surveyor  was  directed  to  make  necessary  arrangements 
to  establish  a  standard  of  measurement  for  the  county. 

Once  more  we  regret  to  record  tlie  I'obbery  of  the  County  Treasury.  April 
25,  1867,  the  office  of  Treasurer  was  declared  vacant,  owing  to  the  abscond- 
ing and  defalcations  of  Abijah  McCall.  A  committee  was  at  once  appointed 
to  examine  the  books  of  the  office,  and  a  reward,  for  his  apprehension,  of  one 
thousand  dollars  offered,  which  was  paid  to  Sheriff  Adams,  May  20th,  for 
effecting  his  arrest.  On  August  lOth,  the  committee  reported  the  defalcations 
to  amount  to  the  large  sum  of  twenty-three  thousand  seven  hundred  and 
sixty-two  dollars  and  forty-one  cents. 

Again  incorporation  was  sought  by  one  of  the  rising  towns  in  the  county ; 
Februar}^  18,  1868,  it  was  directed  that  the  petition  praying  for  the  incorpo- 
ration of  the  town  of  Gilroy  should  be  submitted  to  the  electors  of  the  town- 
ship. The  map  of  the  pi-oposed  incorporated  limits  will  be  found  on  page 
704,  of  book  C,  Records  of  the  Board  of  Supervisors.  June  9th,  the  first 
mention  of  street  cars  is  found.  This  subject  will  be  found  fully  treated  on 
elsewhere.  August  22d,  the  application  of  the  San  Jose  Water  Company 
to  lay  pipes  along  the  public  highways  of  the  county  was  granted,  while,  in 
November,  measures  against  the  spi'ead  of  small-pox,  which  had  made  its 
appearance,  were  ordered  to  be  taken,  these  directions  being  communicated 
to  the  different  townships,  December  15th,  of  the  same  year. 

The  only  item  of  importance  found  in  the  recoi'ds,  in  the  year  186 9,  is  the 
following  resolution  adopted,  August  17th,  on  the  death  of  Louis  Prevost, 
a  prominent  resident  of  the  county: — 

•'  Whereas,  Louis  Prevost,  a  citizen  of  this  county,  has,  in  the  providence 
of  the  Lord,  been  removed  from  us  by  death,  and  whereas  this  county  and 
the  whole  State  of  California  has  lost  one  of  its  best  and  most  enterprising  and 
energetic  public-spirited  citizens — a  loss  that  will  deeply  be  felt  in  this  com- 
munity, therefore, 

''Resolved,  That  this  Board  now  in  session  will  adjourn  in  respect  to  his 
memory,  and  that  they  will  attend  the  funeral  of  the  deceased  in  a  body,  and 
that  this  resolution  be  spread  upon  the  minutes  of  this  Board.  In  accordance 
with  which  the  Board  adjourns  to  meet,  Monday,  August  23,  1869. 

"John  Cook,  Chairman,  Board  of  Supervisors." 

With  the  purpose  of  carrying  out  our  principle  of  placing  before  our  readers 
a  statement  at  the  end  of  each  decade  showing  the  increase  of  taxation  laid 
upon  the  county,  the  following,  ordered  April  2,  1870,  may  prove  interest- 
ing: For  State  pui-poses:  An  ad  valor  em  ta.yio^  eighty-six  and  one-half  cents; 
For  County  purposes:  Current  Expenses,  seventy  cents;  Road  Fund,  thirty 


166'  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

cents;  School  Fund,  twenty-five  cents;  Infirmary  Fund,  ten  cents;  Western 
Pacific  Railroad  Fund,  nine  cents;  San  Francisco  and  San  Jose  Railroad 
Fund,  six  cents ;  and  Squirrels'  and  Gophers'  Fund,  one  cent.  In  this  year 
the  building  of  the  State  Normal  School  was  commenced. 

For  the  next  two  years  nothing  of  official  importance,  to  the  county  as  a 
whole,  occurred.  A  seal,  with  appropriate  design,  as  may  be  seen  on  page 
612,  of  Book  D,  was  adopted  by  the  Board  of  Supervisors,  nor  have  we  any- 
thing to  record  until  June  16,  1873,  when  it  was  ordered  by  the  Board  that 
bonds  of  the  county  to  the  amount  of  one  hundred  and  twenty  thousand, 
dollars  be  issued  (in  conformity  with  the  Act  entitled  "  An  Act  providing  for 
the  refunding  of  the  bonded  indebtedness  of  Santa  Clara  County,  approved  on 
April  1,  1872,)  for  the  sums  of  five  hundred  dollars  each  payable  on  or  before 
January  1,  1885,  an^l  to  bear  interest  at  the  rate  of  eight  per  cent,  per  annum." 
On  July  18,  1873,  bids  for  said  bonds  were  received  and  accepted.  October 
6th,  it  was  on  motion  unanimously  ordered  that  the  Clerk  do  advertise  for 
sealed  proposals  for  bids  for  bonds  to  the  amount  of  sevent}^ -seven  thousand 
five  hundred  dollars,  which  were  received  and  accepted  November  3d,  with 
this  proviso,  that  payment  should  be  made  partly  in  cash  and  part  in  ex- 
change of  bonds  where  such  purchaser  held  county  scrip.  Once  more  we  find 
under  date  May  7,  1877,  that  the  Board  of  Supervisors  directed  that  county 
bonds  to  the  amount  of  ninety-six  thousand  dollars,  in  accordance  with  the 
Act  of  March  27,  1876,  be  issued  for  the  sum  of  five  hundred  dollars  each, 
and  bearing  interest  at  the  rate  of  seven  per  cent,  per  annum,  and  that  the 
scrip  for  such  be  delivered  to  Sutro  &  Co.,  the  purchasers  of  the  whole  amount. 
Finally  it  was  directed  that  the  bill  prepared  by  the  Finance  Committee  to 
issue  bonds  of  this  county  to  fund  the  warrants  on  the  General  Road  Fund 
now  in  the  hands  of  the  Lick  Trustees,  be  recommended  for  passage,  a  step 
that  was  taken  consequent  on  the  bequest  of  a  certain  sum  by  James  Lick, 
for  placing  an  observatory  on  the  summit  of  Mount  Hamilton  under  certain 
conditions. 

March  4,  1874,  the  Board  placed  their  construction  of  the  allowance  of 
mileage  to  the  Sheriff'  and  Constable,  when  proceeding  to  serve  any  process 
in  ciiminal  cases,  or  for  removing  a  prisoner  from  jail  to  appear  before  a 
court,  to  be  when  going  only.  Active  firemen  were,  April  7th,  declared 
exempt  from  poll-tax,  in  accordance  with  the  Act  of  the  Legislature  passed 
March  28,  1874,  while  on  July  11th,  the  following  Game  Laws  were  ordered 
to  be  promulgated :  First — every  person,  who,  in  this  count}^,  betvreen  the 
fifteenth  day  of  March  and  the  fifteenth  day  of  September  in  each  j^ear, 
takes,  kills  or  destroys  any  quail,  partridges  or  grouse,  is  guilty  of  a  mis- 
demeanor. Second — Every  person,  who,  in  this  county,  between  the  first 
day  of  January  and  the  first  day  of  July  in  each  year,  takes,  kills  or  destroys 
any  elk,  deer  or  antelope,  is  guilty  of  a  misdemeanor.      Third — Every  person 


LEGISLATIVE    HISTORY.  167 

who,  in  this  county,  at  any  time  shall  take,  catch,  kill,  chase,  pursue  or  destroy 
the  male  or  female  of  any  deer,  with  or  by  the  help  of  any  hounds  or  dogs  of 
any  species,  shall  be  guilty  of  a  misdemeanor.  Fourth — Every  person  who, 
in  this  county,  between  the  fifteenth  day  of  October  in  each  year  and  the  first 
day  of  April  in  the  following  year,  takes  or  catches  any  trout,  is  guilty  of  a 
misdemeanor.  Fifth — Every  person  who  takes,  catches  or  kills  any  trout, 
by  the  use  of  nets,  wires,  baskets,  traps,  drug  or  any  explosive  agent,  shall 
be  guilty  of  a  misdemeanor.  Order  No.  2,  dated  August  4,  1874,  reads: 
First — Every  person,  who,  shall  at  any  time,  in  Santa  Clara  county,  in  any 
year,  catch  or  take  any  quail  by  means  of  any  trap  or  traps,  snares,  dead- 
falls or  nets,  shall  be  guilty  of  a  misdemeanor-.  Second — Every  person  or 
pei'sons  who  shall,  in  the  County  of  Santa  Clara,  have  in  their  possession  any 
quail  taken  by  means  of  any  trap  or  traps,  snares,  dead-falls  or  nets,  shall  be 
guilty  of  a  misdemeanor.  Third — Every  person  or  persons  who  shall, 
knowingly,  have  in  their  possession,  in  this  county,  any  venison,  deer  or  skins 
or  pelts  of  any  deer  taken,  caught  or  killed,  between  the  first  day  of  January 
and  the  first  day  of  July  of  each  3'ear,  shall  bo  deemed  guilty  of  a  mis- 
demeanor. Fourth — Every  person  or  persons  who  shall,  in  this  county,  be- 
tween the  first  day  of  January  and  the  first  day  of  July  of  any  year,  catch, 
kill  or  shall  have  in  his  or  their  possession  any  doves,  shall  be  guilty  of  a 
misdemeanor.  On  September  10th,  Order  No.  2  was  amended  by  the  striking- 
out  of  the  words  "  trap  or  traps"  wherever  they  occurred.  On  July  24,  187G, 
the  following  section  was  ordered  to  be  appended  :  Fifth — For  the  better 
protection  of  game  and  fish,  in  this  county,  the  sum  of  fifty  dollars  reward 
will  be  paid  to  any  person  giving  such  information  as  shall  lead  to  the 
conviction  of  any  person  guilty  of  the  violation  of  any  of  the  regulations 
made  by  the  Board  of  Supervisors  of  Santa  Clara  county,  for  the  protection 
of  game  and  fish,  in  the  County  of  Santa  Clara,  State  of  California.  April 
3,  1878,  Section  Four  wa.s,  amended  to  read: — Every  person  who,  in  this 
county,  takes,  catches  or  kills  any  trout  by  the  use  of  nets,  weir-baskets, 
traps,  drugs  or  any  explosive  agent,  shall  be  guilty  of  a  misdemeanor.  Too 
much  credit  cannot  be  given  to  the  Supervisors  for  this  humane  law.  Where 
pot-hunters  are  plentiful,  provision  should  be  made  against  their  carrying 
on  an  exterminating  war  on  game.  A  true  sportsman  is  as  thoughtful  of  his 
prey  as  he  is  of  himself,  it  is  only  the  cruel  and  unsportsmanlike  that  kill  for 
killing's  sake. 

July  18,  1874,  the  county  physicians  were  instructed  to  vaccinate  all 
parties  who  should  apply,  and  charge  the  county  for  so  doing  when  the  fee 
shall  not  exceed  fifty  cents,  the  names  of  persons  so  vaccinated  to  be 
returned  to  the  Board. 

We  find  under  date  March  2,  1875,  that  a  tax  of  one  dollar  per  head  on 
all  dogs  in  the  countv  was  ordered  to  be  levied,  in  accordance  with  Section 


168  HISTORY    OF   SANTA    CLARA    COUNTY,    CALIFORNIA. 

4046,  paragraph  23  of  the  PoHtical  Code,  and  that  the  taxes  so  collected 
would  be  apportioned  to  the  School  Fund.  Later  in  the  year  another  tax 
"was  mooted,  as  will  be  gathered  from  the  accompanying  resume  of  the 
minutes,  July  8,  1875,  a  move  was  made  in  the  shape  of  a  petition  from  the 
Independent  Order  of  Good  Templars  to  raise  the  license  tax  for  the  sale  of 
liquors  by  retail,  and  to  prevent  the  sale  in  premises  where  other  goods  were 
sold,  was  dismissed  by  the  Board  of  Supervisors  on  the  ground  that  they  had 
no  jurisdiction.  During  the  remainder  of  the  year,  1875,  nothing  further  of 
moment  transpired  except  the  action  taken  preliminary  to  the  acceptance  of 
the  Lick  Observatory,  a  history  of  which  in  a  connected  form  will  be  found 
in  these  pages. 

In  June,  1876,  the  request  for  assistance  from  the  Ladies'  Benevolent 
Society  of  San  Jose  for  maintaining  an  Orphan  Asylum  in  that  city  was 
granted ;  and  on  the  "Sth  of  the  same  month  the  fiat  went  forth  that  no 
remuneration  would  be  allowed  to  officers,  except  the  Sheriff'  for  work  per- 
formed on  the  Sabbath  Day.  August  9,  1877,  permission  was  granted  to 
"  The  Bar  Association  of  San  Jose'  "  to  meet  every  Tuesday  evening  in  the 
court-room,  while,  December  4th,  the  rather  startling  projiiosition  of  E.  J. 
Muybridge  to  photograph  the  records,  instead  of  having  them  recopied  by 
hand,  was  favorably  considered  by  the  Board. 

Early  in  the  year  1878,  January  8th,  a  resolution  was  introduced  by 
Supervisor  Rogers,  to  the  effect  that  the  Member  of  Assembly  from  Santa 
Clara  county  be  I'equested  to  procure  the  passage  of  a  law  authorizing  the 
Board  of  Supervisors  to  advertise  for  proposals  to  let  out  such  county  roads 
for  which  there  is  no  adequate  fund  wherewith  to  keep  them  in  repair,  to 
the  lowest  bidder  proposing  to  keep  such  in  condition  for  the  least  amount 
of  toll,  or,  that  the  Board  of  Supervisors  may  do  so  upon  being  petitioned 
by  the  people  living  in  the  vicinity  of  such  road.  And  now  comes  a  very 
necessary  order,  which  should  effectually  put  a  stop  to  the  voracity  of  those 
"  clothed  with  a  little  brief  authority."  It  was  directed,  Ma}^  8th  of  the  same 
year,  that  "  the  practice  of  hunting  up  trivial  cases  of  misdemeanors,  or  slight 
infractions  of  the  law  by  some  Justices  of  the  Peace  and  Constables  in  the 
county,  and  issuing  papers  whereby  the  county  is  put  to  great  expense,  and 
no  good  results  obtained,  is  condemned  in  the  strongest  terms  by  this  Board 
as  an  outrage  upon  the  tax-payers  of  the  county.  It  is  the  opinion  of  this 
Board  that  the  Justices  should  in  all  such  cases  render  judgment  against  the 
parties  moving  such  actions  for  all  costs  incurred  ;  and  it  is  further  ordered 
that  no  claims  against  the  county  for  services  of  this  character  shall  be 
allowed  by  this  Board." 

AVe  now  come  to  the  greatest  political  act  of  late  years,  namely,  the  order 
for  a  new  Constitution,  and  its  passage  by  an  immense  majority  throughout 
the  State. 


LEGISLATIVE    HISTORY.  KiO 

It  was  foiiud  that  the  provisions  in  regard  to  taxation  and  propert}'  were 
of  too  vague  a  nature  to  be  allowed  to  hold  at  tliis  pcri(jd  (jf  progress.  At 
the  time  when  the  old  Constitution  was  framed  at  Montei-ey,  it  was  never 
contemplated  that  the  State  would  be  ever  anything  but  a  purely  mining 
country;  and  as  each  minincj  section  had  its  own  local  laws,  more  distinct 
terms  in  regard  to  what  was  legally  meant  by  property  and  taxable  property 
were  not  thought  to  be  necessary.  At  last  a  day  came  when  a  decision  of 
the  Supreme  Court  ruled  that  credits  are  not  property  in  the  sense  in  which 
the  word  property  is  used  in  Section  13  of  Article  XL  of  the  Constitution, 
and  cannot  be  assessed  for  taxes,  or  taxed  as  property,  even  if  secured  by 
mortgage.  (The  People  vs.  Hibernian  Bank,  Cal.  Reports,  51.)  The  popular 
voice  became  clamorous  on  this  decision  for  a  change  of  rule;  and  though 
having  been  before  mooted,  and  successfully  balked  by  former  sessions  of 
the  Legislature,  an  Act  to  provide  for  a  convention  to  frame  a  new  Consti- 
tution for  the  State  of  California  was  approved  March  30,  1878;  and  by  a 
proclamation  of  the  Governor  an  election  throughout  the  State  was  ordered 
to  be  held  June  19,  1878,  for  the  purpo.se  of  electing  delegates  to  a  Constitu- 
tional Convention,  to  meet  at  Sacramento  on  September  28th.  Thirty-two 
delegates  were  to  be  elected  by  the  State  at  large,  of  whom  not  more  than  eight 
should  be  residents  of  any  one  Congressional  district.  The  Convention  duly 
met  at  the  State  Capital,  and  after  much  labor  framed  the  New  Constitution. 
The  election  for  the  adoption  or  rejection  caused  a  deep-seated  feeling  through- 
out the  length  and  breadth  of  our  land,  and  for  months  the  country  was  in 
a  perfect  ferment ;  at  last  the  7th  of  May  arrived;  the  following  morning 
the  news  was  flashed  from  west  to  east  and  south  to  north  of  the  adoption 
of  California's  new  oro-anic  law.  The  votes  in  Santa  Clara  countv,  under 
this  head,  were:  September  5,  1877 — For  Constitutional  Convention,  1,212; 
against  holding  such,  1,210.  June  19,  1878 — For  Delegates  to  Constitu- 
tional Convention,  T.  H.  Laine  (Non-partisan  and  Young  Men),  2,186;  R. 
McComas  (Non-partisan  and  Young  Men),  2,183;  E.  O.  Smith  (Non-partisan 
and  Young  Men),  2,238;  A.  Greeninger  (Non-partisan),  1,647;  J.  G.  Kennedy 
(Young  Men),  771;  J.  E.  Clark  (Workingmen),  1,635;  J.  Carrick  (Work- 
ingmen),  1,627;  D.  W.  Herrington  (Workingmen  and  Young  Men),  1,949; 
J.  A.  Moultrie  (Workingmen),  1,563;  H.  W.  Kelly  (Workingmen),  1,591  ;  C. 
VanBuren  (Independent), 66;  Jacob  Hanna  (Independent),  47;  Filmore,  17. 
The  total  vote  cast  in  the  county  was  3,821.  Of  the  above  Messrs.  Laine, 
McComas,  Smith,  Herrington,  and  Weller  served.  P.  B.  Tully  was  elected 
delegate  at  large.  May  7, 1879 — For  the  New  Constitution,  2,500;  against 
the  New  Constitution,  3,261;  majority  in  Santa  Clara  countv  against  the 
New  Con.stitution,  761. 

Let  us  now  resume  the   thread   of  our   excerpts  from  the  Record  Books. 
July  8,   1878,  an  order  was   made  in   reference  to  applications  from   boys 


170  HISTORY    OF    SANTA    CLARA     COUNTY,    CALIFORNIA. 

wishing  to  be  admitted  to  the  training  ship  Jamestown,  the  first  to  make 
such  being  Frank  Marmolejo.  September  4th,  steps  were  taken  to  prevent 
the  spread  of  glanders,  which  fatal  disease  had  made  its  appearance  among  the 
horses  in  the  county;  and  on  November  5th,  directions  were  given  for  the 
construction  of  a  jail  in  Los  Gatos. 

The  new  year,  1879,  appropriately  opens  with  the  following  tribute  to  the 
county  officers,  at  the  hands  of  H.  Philip,  who  was  appointed  by  the  Finance 
Committee  of  the  Supervisors  as  expert  to  examine  into  the  official  affairs 
of  the  different  departments,  in  accordance  with  an  order  of  the  Board  dated 
October  9,  1878:— 

"  To  the  Honorable  Board  of  Supervisors  of  Santa  Clara  County — 

"  Gentlemen:  At  your  request  I  have  examined  and  compared  the 
several  accounts  of  th^  officers  of  Santa  Clara  county,  as  appears  by  their 
books  and  reported  by  them  to  the  County  Auditor,  and  by  him  attested, 
and  find  them  in  due  form  and  correct,  the  proceeds  thereof  paid  into  the 
county  treasury,  and  the  several  amounts  receipted  for  by  the  Treasurer,  as  the 
law  directs.  The  yearly  '  deficit '  in  the  salary  fund  account  is  more  apparent 
than  real,  as  much  work  is  done  b}"  the  several  officials  without  charge  to  the 
county,  more  than  enough  to  make  good  the  amount  required  from  the  Cur- 
rent Expense  Fund  to  meet  the  deficiency.  I  also  find  the  books  kept  in  the 
plainest  maimer,  and  subject  to  the  inspection  of  all  whom  it  may  concern, 
making  the  present  investigation  an  easy  and  pleasant  task.  And  I  feel  it 
but  justice  to  state,  as  the  result  of  this  investigation,  that  the  citizens  of 
Santa  Clara  county  may  rest  assured  that  their  interests  are  honestly  admin- 
istered by  their  chosen  agents  now  occupying  official  position  in  this  county; 
and  it  is  mv  pleasure  to  return  thanks  to  the  several  officials  and  their  dep- 
uties for  kindly  aid  in  the  discharge  of  these  duties. 

"  Yours  truly,  Henry  Philip. 

"  San  Jose,  December  14,  1878." 

The  taxes  on  completion  of  the  third  decade  were  established  October  6, 
1879,  and  are  as  follows:  For  State  purposes,  an  ad  valorem  tax  of  sixty- 
two  and  one-half  cents;  for  School  Fund,  fourteen  cents;  Infirmary  Fund,  ten 
cents;  Road  Fund,  twenty-seven  and  one-half  cents;  Current  Expenses  Fund, 
twenty  cents;  Western  Pacific  Railway  Interest  Fund,  three  and  one-half 
cents;  Redemption  Fund  October- April  1,1872,  eight  cents;  Redemption 
Fund,  March  27, 1876,  four  and  one-half  cents. 

Conventions. — ^The  first  record  of  a  nominating  convention  that  we  have 
been  able  to  trace  is  that  of  the  Democratic  party,  which  met  at  the  Metho- 
dist church,  August  6,  1853,  under  the  Presidency  of  Dr.  A.  J.  Spencer,  with 
John  M.  Murphy  and  Samuel  Morrison,  Secretaries.  In  1854,  the  Demo- 
cratic convention  convened   at  the  office  of  the  Mayor,  July  1st,  Chairman, 


LEGISI.ATINK    IIISToRV.  171 

Thomas  J.  West;  Secrutaiy,  P.   K.  Woudsidc.     The   Whi^-   convention  held 
their  meeting  at  the  Metliodist  Episcopal  church,  on  July  15th,  the  Chair- 
man being   Coleman   Younger,  and  Secretary,  Frederic  Hall,  the  author  of 
"The  History  of  San  Jose."     In  1855,  the  American  or  Know-nothing  party 
held  no  convention,  but  nominated  its  candidates  by  primary.     The  Demo- 
cratic convention  met  at  the  City  Hall,  August  4th,  John  M.  Lent  in  the  Chair, 
and  L.  C.  Everett,  Secretary.     1850,  Democratic  convention  met  at  the  City 
Hall,  October  2d,  under  the  Presidency  of  L.  Archer;  and  that  of  the  Republi- 
can convened  at  the  same  place,  October  8th,  when  the  Republican  party  was 
organized  in  Santa  Clara  county,  the 'Chairman  on  the  occasion   being  J.  H. 
Morgan;  Vice-Presidents,  M.  Sawyer  and  A.  C.  Erkson  ;  Secretaries,  C.  G. 
Thomas  and  R.  Hutchinson.     In  1857,  again  the  Republicans  met  at  the  City 
Hall,  August  8th,   Chairman,  A.James  Jackson;   Secretary,   Isaac  Foster. 
The  Democratic  convention  convened  at  the  City  Hall  on  June  25th,  William 
H.  Lent,  Chairman;  Secretary,  S.  O.  Houghton.     In  1858,   the  Democratic 
convention  was  held  July  3d,  the  Chairman  being  W.  B.  Thomburg  ;  Secre- 
tary, J.    A.  Owen.     The  Anti-Lecompton  convention  (Douglas-Democrat) 
held    at   the    City  Hall,    July  31st,  Chairman,   William    M.  Lent;    Secre- 
tary, Freeman  Gates.     The    Republicans    met    at  the    City  Hall,    August 
1st.     During    the    campaign    the    American  and  Republican  parties  fused. 
In  1859,  the   Republican   convention  met  July   23d,  Chairman,  A.  C.  Erk- 
son; Secretary,  Dwight  Burnett  ;  and  the   Democratic    at    the  City  Hall 
June  15th,   Chairman,   William   Daniels;   Secretary,   G.    George.     In   1860, 
August  16th,  the  Democrats  met  in  the  City  Hall,  under  the  Chairmansliip 
of  Mayor  Bradley,  with  J.  W.  Owen,  Secretary;  while  the  Republicans  held 
at  the  same  place  June   16th,  Davis  Divine,  Chairman,  and  R.  Hutchinson, 
Secretary.     In  1861,  the  Democratic  convention  (Douglas-Democrat)    met 
June  15th,  but  the  names  of  their  officers  are  not  recorded.     The  Republicans 
held  at  the  City  Hall,  August  13th,  Chairman,  Charles  Maclay ;  Secretary,  J. 
M.  Seidell;  while  the  Democrats  met  in  San  Jos^  the  15th  June,  with  Charles 
E.  Allen,   Chairman,  and  J.   V.   Tisdall,    Secretary.      In   1862,  the  Union 
county  convention  met  in  San  Jose  June  I'ith;  Chairman,  C.  P.  Hester;  Sec- 
retary, Tyler  Beach.     In  1863,  June  14th,  the  Republican  county  convention 
met  in  San  Jose'  under  the  Presidency  of  Davis  Divine,  with  J.  J.  Owen  as 
Secretary;  while  the  Democratic  county  convention  convened  at  the  City 
Hall,  June  27th,  Chairman,  Captain  Simonds ;  Secretary,  James  R.  Lowe,  Jr. 
In  1864,  the  Union   county  convention  met  at  the  City  Hall,  August  13th; 
Chairman,  Charles  Maclay;  Secretary,  J.  M.  Seidell.     In  1865,  August  8th, 
the  Republicans  convened  at  the  City  Hall,  with  J.  A.  Quimby  in  the  Chair, 
and  Charles  Fergusson,  Secretary ;  and  the  Independents  at  the  same  place 
on  the  12th  of  the  month,  Chairman,  John  Cook  ;  Secretary,  William  Hester. 
For  1866  there  is  no  record.     In  1867,  the  Ri'iniblican  convention  met  in  the 


172  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

City   Hall,  July  22d,   Chairman,   J.  G.  Barney;  Secretary,   Charles  Silent; 
while  the  convention  of  the  Democrats  came  together  July  27th,  at  the  City 
Hall,  with  W.  Z.  Angney  in  the   Chair,  and  Joseph  R.  Johnson,  Secretary. 
In  1868,  the  two  parties  met  at  the  City  Hall  on  April  25th  and  August  1st 
respectively,  the  Democrats  being  under  the  Presidency  of  W.  W.  McCoy, 
with  John  M.  Keith,  Secretary;   and  for  the  Republicans,  S.  O.  Houghton 
and  E.  A.  Clark  filling  the  like  offices.     In  1869,  the  Republicans  nominated 
county  officers  by  primaries  held  June  26th;  while  the  Democratic  conven- 
tion met  at  the  City  Hall,  July  27th,  Chairman,  N.  B.  Edwards;  Secretary, 
Z.  W.  Christopher.     There  is  no  record  for  1870.     In  1871,  the  Democratic 
convention  held  at  the  Opera  House  in  San  Josd,  July  15th,  Chairman,  John 
M.  Murphy;  Secretaries,  L.  B.  Fine  and  E.  Rayner;  and  the  Republicans  in 
the  same  building,  June  26th,  under  the  Chairmanship  of  H.  W.  Briggs,  and 
T.  C.  Winchell  and  W.  H.  Clipperton,  Secretaries.     In  1872,  the  Republican 
convention  held  at  the  Opera  House,  April  13th,  and  the  Democratic  on  June 
17th,  Chairman,  T.  C.  Bodley;  Secretary,  E.  Rayner.     In  1873  the  Dem- 
ocratic convention  met  in  the  Opera  House,   August  7th,  under  the  Pres- 
idency of  A.   H.  Parker;  Secretaries,  John  M.  Littlefield  and  J.  V.  Tisdall ; 
the  Republicans,    July  26th,   W.    W.    Hoover   in  the  Chair,  Edgar  Pome- 
roy,    Secretary;     and    the     Independents,     August    9th,    Chairman,   C.    P. 
Hester  ;  Alexander  P.  Murgotten,  Secretary.     No  record  in  187-1.     In  1875 
the  Convention  of  the  Democi'atic  party  convened  June  26th,  in  the    Music 
Hall,  William  A.  January,  Chairman;  Secretary,  W.  B.  Hardy;  the  Repub- 
licans at  Central  Hall,  July  3d,  under  the  Presidency  of  William  Erkson; 
Secretary,  D.  C.  Bailey,  when  a  county  ticket  only  was  nominated.      They 
then  adjourned  until  August  4th,  to  nominate  candidates  for  the  Senate  and 
Assembly.     The  Independent  convention  met  this  year,  July  31st,    at  the 
Opera  House,  with  Davis  Divine  in  the  Chair,  and  Billy  Kiddy  and  Thomas 
Oakes,   Secretaries.      In    1876,  Republican  convention  met  at  the    Opera 
House,  April  22d;  Chairman,  A.  B.  Rowley;  Secretary,  D.  C.  Vestal;  and 
the  Democrats  at  the  same  place.  May  20th,  under  the  Chairmanship  of  L. 
Archer,  and  J.  V.  Tisdall,  Secretary.    In  1877,  the  two  great  parties  met  at  the 
Music  Hall  on  July  21st  and  24th,  respectively,  the  Democrats  being  under 
the  Presidency  of  J.  G.  Kenned}^,  and  F.  H.  Nicholson,  Secretary;  the  Repub- 
licans having  W.  H.  Rogers  in  the  chair,  with  W.  W.  Hoover,  Secretary.     In 
1878  no  Repubhcau  convention  was  held.     The  Non-partisans  nominated 
their  candidates  by  petition,  and  the  Workingmen's  candidates  were  selected 
by  the  clubs. 

County  Vote. — We  now  purpose  laying  before  the  reader  in  consecutive 
form  the  Presidential  and  total  vote  of  the  county  since  the  year  1852:  In 
that  3'ear  the  poll  was  for  Pierce  and  King  (Democratic),  829 ;  Scott  and 
Graham  (Whig),  782.     Total  vote  1,611.-1853,  total   vote,  1,794.-1854 


LEGISLATIVE    HISTORY. 


173 


total  vote,  1,870.-1855,  total  vote,  2,120.-1856,  Presidential  vote 
Buchanan  and  Breckinridge  (Democratic),  800;  Fremont  and  Dayton 
(Republican),  576 ;  Bell  and  Everett  (American),  673.  Total  vote,  2064. — 
1857,  total  vote,  2,280.-1858,  total  vote,  1,717.-1850,  total  vote,  2,458.— 
1860,  Presidential  vote,  Douglas  and  Johnson,  881;  Lincoln  and  Hamlin, 
1,405;  Breckinridge  and  Lane,  722;  Bell  and  Everett,  110.  Total  vote, 
3,202.-1861,  total  vote,  3,447.-1862,  total  vote,  3,173.-1863,  total  vote, 
3,550. — 1864,  Presidential  vote,  Lincoln  and  Johnson,  1,030;  McClellan  and 
Pendleton,  1,202.  Total  vote,  8,132.-1865,  total  vote,  1,886.-1867,  total 
vote,  3,878. — 1868,  Presidential  vote.  Grant  and  Colfax,  2,307;  Seymour 
and  Blair,  2.330.  Total  vote,  4,637.-1860,  total  vote,  4,082.-1871,  total 
vote,  5,217. — 1872,  Presidential  vote,  Grant  and  Wilson,  2,210;  Greeley  and 
Brown,  1,670.  Total  vote,  3,805.-1873,  total  vote,  4,207.-1875,  total 
vote,  5,084.-1876,  Presidential  vote,  Hays  and  Wheeler,  3,336;  Tilden  and 
Hendricks,  3,065 ;  Peter  Cooper.  1.  Total  vote,  6,402.-1877,  total  vote, 
5,827.-1878,  total  vote,  8,821.  1870,  total  vote,  6045.— 1880,  Presidential 
vote,  for  Garfield  (Republican),  3116  ;  Hancock  (Democratic),  2820;  Weaver 
(Greenback),  107.     Total  vote  6041. 

For  further  particulars  under  this  head,  the  most  full  information  will  be 
gleaned  from  the  exhaustive  table  at  the  conclusion  of  this  work,  the  whole 
of  which,  as  well  as  other  matter  in  regard  to  convention  meetings  and 
electoral  votes,  has  been  collected  from  a  "Hand-book  of  Political  Sta- 
tistics of  Santa  Clara  County,"  by  H.  S.  Foote,  by  whose  kindness  we  are 
enabled  to  give  these  matters  in  detail. 


174  HISTORY    OF   SANTA    CLARA    COUNTY,    CALIFORNIA, 


MEXICAN  GRANTS. 


KANCHO    RINCONADA    DEL   ARROYO  DE  FRANCISQUITO — RANCHO   LAS    UVA3 — RANCHO   LA   POLKA — 

RANCHO    SAN    FRANCISQUITO — RANCHO    SAN    ANTONIO — RANCHO    RINCOSADA   DE    LOS   GATOS 

RANCHO     LOS     COCHES — RANCHO    LA     PURISIMA     CONCEPCION — RANCHO      SJLIS — RANCHO    LAS 
ANIMAS — RANCHO    SANTA     TERESA — RANCHO    QUITO — RANCHO      LOS      CAPITANCILLOS — JAME3 

ENRIGHT'S    claim — MARY     S.     BENNETt's     CLAIM — RANCHO    CANADA      DE     CORTE     MADERA 

SANTA    CLARA    ORCHARD LIST   OF    LAND   CLAIMS. 


In  glancing  at  the  heading  of  this  chapter,  we  must  ask  the  reader  not  to 
indulge  in  the  vain  hope  that  a  full  history  of  the  grants  comprised  within 
the  confines  of  what  is  known  as  Santa  Clara  county  will  be  found;  such, 
indeed,  would  be  beyond  the  limits  of  this  work,  even  had  we  at  hand  the 
infinity  of  resources  to  be  found  in  the  hundreds  of  cases  which  have  arisen 
out  of  them.  Our  compilation  must,  of  necessity,  be  accepted  in  its  crude 
form.  .  We  have  striven  to  our  utmost  capacity  to  produce  some  information 
which  would  combine  both  usefulness  and  accuracy,  and  to  this  end  have 
relied  on  the  "  Reports  of  Land  Cases  Determined  in  the  United  States  Dis- 
trict Court  for  the  Northern  District  of  California,  June  Term,  1853,  to  June 
Term,  1858,  Inclusive,  by  Ogden  Hofiman,  District  Judge" — a  work  which 
is  now  nearly  out  of  print. 

The  first  case  having  interest  to  the  citizens  of  Santa  Clara  county  is: — 

Maria  Antonia  Mesa,  claiming  the  Rancho  Rincohada  del  Arroyo  de 
San  Francisquito,  Appellant,  vs.  The  United  States. 

The  objection  by  the  Board  to  the  confirmation  of  this  claim  obviated 
by  the  additional  testimony  taken  in  this  Court. 

Claim  for  about  half  a  league  of  land  in  Santa  Clara  county,  rejected  by 
the  Board,  and  appealed  by  the  claimant. 

This  case  has  been  submitted  to  the  Court  without  argument ;  we  are 
referred,  however,  by  the  District  Attorney,  to  the  opinion  of  the  Board  of 
Commissioners  for  a  statement  of  the  objections  to  the  validity  of  the  claim, 
on  which  he  relies.  The  ground  on  which  the  claim  was  rejected  by  the 
Board  was,  that  there  was  no  description  of  the  granted  land,  either  in  the 
grant  itself,  or  the  map  which  accompanies  it,  sufficient  to  designate  it  and 
effect  its  segregation  from  the  public  domain,  or  rather  from  the  adjoining 
mission  lands,  out  of  which  it  was  to  be  taken.  The  land  is  described 
in  the  grant  as  the  land  known  as  the  Rinconada  del  Arroyo  de  San 
Francisquito,  and  bordering  on  the  land  of  the  Pulgas,  belonging  to  Dona 
Soledad  Ortega,  and  on  the  land   of  the  establishment  of  Santa  Clara.     By 


MEXICAN    (JllANTS.  175 

reference  to  the  map,  tlu;  course  of  the  Arroyo  San  Francis(]^uito,  which  is  the 
southern  boundary  of  the  Pulgas  land,  appears  clearly  laid  down.  The 
northern  boundary  of  the  land  intended  to  be  granted  is  thus  ascertained, 
but  the  claim  was  rejected  by  the  Board  because  "there  are  no  other  indica- 
tions or  lines  on  the  map  to  show  the  size,  the  shape,  or  the  location  of  the 
tract,"  the  only  information  conveyed  by  the  map  being  that  the  land  starts 
from  somewhere  on  that  creek,  but  on  what  portion  of  it,  or  to  what  extent, 
does  not  appear. 

It  is  unnecessary  to  inquire  how  far  the  legal  principle  upon  which  the 
decision  of  the  Board  is  founded  is  affected  by  the  case  of  Fremont  vs.  The 
United  States. 

From  additional  testimony  of  Aaron  Van  Dorn,  taken  in  this  court,  it 
appears  that  as  a  Deputy  United  States  Surveyor,  he  has  surveyed  the 
adjoining  ranchos,  and  is  acquainteil  with  the  surrounding  country,  and  that 
there  is  no  difficulty  whatever  in  locating  the  land  by  means  of  the  calls  in 
the  grant  and  the  map.  This  witness  testifies  that  the  principal  objects 
mentioned  for  boundaries  are  natural  objects,  well  known  and  defined; 
that  those  objects  exist  to  the  witness'  own  knowledge,  and  that  while  mak- 
ing a  survey  of  the  adjoining  ranchos,  a  certified  copy  of  the  map  in  this 
case  constituted  a  part  of  liis  instructions  from  the  Surveyor-General.  The 
objection  therefore  raised  by  the  Board  to  the  claim  would  seem  to  be 
entirely  obviated  by  this  testimony.  In  confirmation  of  this  evidence,  it 
may  be  observed  that  the  tract  of  land  solicited  appears  from  the  documents 
in  the  expediente  to  have  been  well  known  to  the  Governor,  and  by  those 
officers  whom  he  directed  to  report  upon  the  application. 

The  petition  asks  for  a  piece  of  land  adjacent  to  the  lower  part  of  San 
Francisquito  creek  on  the  south,  the  situation  of  which  forms  a  corner,  as 
will  appear  by  the  map;  said  location  is  bordering  on  the  Pulgas  rancho, 
and  its  extent  is  probably  half  a  square  league.  The  petitioner  further  states 
that  about  two  years  before,  he  had  obtained  permission  to  occupy  this  land 
from  the  administrador  of  Santa  Clara.  The  officers  to  whom  reference  for 
information  is  had,  report  that  the  land  solicited  is  known  to  belong  to  the 
mission  of  Santa  Clara,  and  that,  as  the  map  shows,  part  of  it  belongs  to  the 
widow  Soledad  Ortecfa. 

Jose  Estrada  reports  that  the  land  on  w^hich  the  house  is  situated  belongs 
to  the  heirs  of  Don  Luis  Arguello,  and  on  the  land  in  the  direction  of  Santa 
Clara,  on  this  side  of  the  San  Francisquito,  the  cattle  and  horses  of  the 
ex-mission  pastured,  and  that  is  the  only  watering-place  on  said  loca- 
tion. 

The  Prefect  to  whom  the  Governor  refers  the  whole  matter,  reports  that 
the  house,  which,  according  to  the  map,  stands  on  the  land  belonging  to  the 
widow  Soledad,  has  been  moved,  as  he  is  informed   by  the  petitioner,  and 


176  HISTORY    OF   SANTA    CLARA    COUNTY,    CALIFORNIA. 

that  the  cattle  of   the  ex-mission  have   enough  laud   above  what   the   peti- 
tioner solicits. 

We  think  it  evident  from  the  general  tenor  of  these  reports  that  the  Gov- 
ernor and  the  officers  must  have  had  a  clear  and  a  definite  idea  of  the  situ- 
ation and  extent  of  the  land  intended  to  be  granted,  and  when  in  addition 
we  have  the  direct  testimony  of  a  Deputy  United  States  Surveyor  that  the 
land  can,  by  means  of  the  map  and  the  calls  on  the  grant,  be  readily 
located,  we  think  that  no  ground  remains  for  the  rejection  of  this  claim 
for  want  of  definiteness.  No  other  objection  is  mentioned  by  the  Commis- 
sioners. The  genuineness  of  the  grant  is  not  disputed,  and  the  grantee 
appears  to  have  fully  complied  with  the  conditions.  A  decree  of  confirma- 
tion must,  therefore,  be  entered. 

The  United  States  Appellants,  vs.  Bernard  Murphy,  claiming  the 
Rancho  Las  Uvas. 

No  objection  urged  to  the  confirmation  of  this  claim. 

Claim  for  three  leagues  of  land  in  Santa  Clara  county  confirmed  by  the 
Board,  and  appealed  by  the  United  States. 

This  case  has  been  submitted  without  argument  on  the  part  of  the  appel- 
lants; nor  has  any  reason  for  reversing  the  decree  of  the  Board  been  sug- 
gested to  us. 

On  looking  over  the  record,  it  appears  that  the  genuineness  of  the  original 
grant  was  fully  established,  and,  indeed,  does  not  seem  to  be  controverted 
now.  The  evidence  discloses  a  substantial  compliance  with  the  conditions  of 
the  grant,  and  the  boundaries  of  the  land  ai'e  distinctly  indicated  by  nat- 
ural objects.  The  land  thus  bounded  has  been  found,  on  a  survey,  to  con- 
tain less  than  the.  quantity  called  for  in  the  grant.  We  are  unable  to  dis- 
cover any  reason  for  refusing  to  confirm  the  decree  of  the  Commissioners 
A  decree  to  that  effect  must  therefore  be  entered. 

The  United  States,  Apjjellants,  vs.  Bernard  Murphy,  claiming  the 
Rancho  La  Polka. 

The  validity  of  this  claim  fully  established. 

Claim  for  one  league  of  land  in  Santa  Clara  county,  confirmed  by  the 
Board,  and  appealed  by  the  United  States. 

It  is  unnecessary  in  this  case  to  recapitulate  the  facts,  which  are  fully 
stated  in  the  opinion  of  the  Board  of  Commissioners.  The  genuineness  of  the 
grant,  and  the  residence  of  the  grantee  and  his  children  on  the  land  for  more  . 
than  twenty  years,  ai-e  fully  established.  The  only  difficulty  in  the  case  is 
obviated  by  the  form  of  decree  entered  by  the  Board,  and  which  is  now 
prayed  may  be  affirmed  by  this  Court.  No  objections  have  been  raised  on 
the  part  of  the  appellants,  and  none  have  been  discovered  by  us.  A  decree 
as  prayed  for  must  be  entered. 


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MEXICAN    GRANTS.  177 

The  United  States,  Appellants,  vs.  Maria  Concepcion  Valencia  de 
Rodriguez,  et  al.,  dairtiing  the  Rancho  Sam.  Francisquito. 

No  objection  to  this  claim  made  by  the  United  States. 

Claim  for  three-fourths  of  one  league  of  land  in  Santa  Clara  county,  con- 
firmed by  the  Board,  and  appealed  by  the  United  States. 

The  grant  in  this  case  was  made  May  1,  18^0,  by  Governor  Alvarado  to 
Antonio  Buelna,  the  husband  of  the  claimant.  Buelna,  after  obtaining  his 
grant,  appears  by  the  proofs  to  have  occupied  and  cultivated  his  land  and 
continued  to  live  there  with  his  family  until  his  decease.  The  present  claim- 
ant, his  wi'low,  seems  to  be  his  sole  heir. 

The  genuineness  of  the  grant  seems  to  be  fully  proved,  and  the  Board  has 
confirmed  the  claim  according  to  a  judicial  measurement,  which,  on  a  re- 
survey,  has  been  found  to  include  less  than  the  quantity  mentioned  in  the 
grant.     We  think  the  decree  of  the  Board  should  be  affirmed. 

William  A.  Dana,  et  al.,  claiming  part  of  the  Rancho  San  Antonio, 
Appellants,  vs.  The  United  States. 

Objections  removed  by  further  testimony  taken  in  this  Court. 

Claim  for  about  six  thousand  acres  of  land  in  Santa  Clara  county,  rejected 
by  the  Board,  and  appealed  by  the  claimants. 

The  claimants  in  this  case  derive  their  title  from  a  grant  made  by  Governor 
Alvarado,  March  26,  1839,  and  confirmed  by  the  Departmental  Assembly, 
May  26,  1840.  The  nonproduction  of  the  original  grant  is  accounted  for  by 
the  depositions  of  various  witnesses  taken  in  case  number  two  huiidred  and 
seventy-five,  and  by  stipulation  made  evidence  in  this  case ;  and  a  copy  has 
been  introduced,  duly  certified  by  Manuel  Jimeno  and  two  assisting  wit- 
nesses, as  true  and  legal,  from  the  original  expediente  in  the  office  of  the  Sec- 
retary. A  certificate  signed  by  Manuel  Michcltorena,  Governor,  and  M. 
Jimeno,  Secretar}^  dated  October  12,  1843,  is  also  produced,  from  which  it 
appears  that  the  grant  was  confii-med  by  the  Departmental  Assembly  May 
26,  1841.  It  also  directs  that  this  certificate  be  delivered  to  the  interested 
party  in  confirmation  of  his  grant.  A  copy  of  the  expediente  from  the  archives 
is  also  produced,  containing  the  original  petition  and  diseno  of  the  land  solic- 
ited, and  the  subsequent  proceedings  thereon,  including  the  degree  of  concess- 
ion, the  approval  of  the  Departmental  Assembly,  the  Governor's  certificate  in 
confirmation  of  the  grant,  and  a  copy  of  the  title  delivered  to  the  grantee. 

The  authenticity  and  genuineness  of  these  documents  are  fully  established 
by  proof. 

The  conditions  of  the  grant  appear  to  have  been  fully  complied  with,  and 

the  description  in  the  grant,  and  the  delineation  of  the  tract  on  the  diseno 

identify  the    land  with  sufficient  certainty.     The    claim  in  this    case    was 

rejected  by  the  Board  of  Commissioners  for  defect  in  the  chain  of  mesne  con- 

12 


178  HISTORY    OF    SANTA    CLAltA    COUNTY,    CALIFORNIA. 

veyances,  through  which  the  claimants  derive  their  title.  Those  defects 
have  since  been  supplied,  and  the  title  of  the  claimants  seem  to  be  regularly 
deduced  from  the  original  grantee.  With  respect  to  the  original  grant  there 
seems  to  be  no  controversy.  Its  validity  was  not  doubted  by  the  Board, 
and  it  has  been  confirmed  in  another  case  now  before  this  Court.  But  the 
claim  in  the  present  case  is  for  a  certain  part  of  the  tract  originally 
granted,  which  is  alleged  to  have  been  sold  after  the  decease  of  the  grantee, 
by  his  executor  to  pay  his  debts.  A  deed  from  the  heirs  of  the  grantee  is 
also  produced,  conveying  to  the  purchaser  the  same  land  bought  by  him  at' 
the  sale  by  the  executor. 

The  present  claimants  have  thus  shown  a  prima /acie  right  to  the  land 
petitioned  for,  and  as  it  is  clear  that  the  United  States  have  no  rights  in  the 
land  as  part  of  the  public  domain,  we  consider  it  our  duty  to  confirm  this 
claim  and  to  leave^the  parties  to  litigate  between  themselves  any  questions 
which  may  arise  as  to  the  validity  of  the  executor's  sale  or  the  conveyance 
by  the  heirs  of  the  original  grantee.  The  degree  of  this  Court  can  have  no 
etFect  upon  the  conflicting  rights  of  third  parties,  and  merely  determines  the 
validity  of  the  claim  as  against  the  United  States.  The  elaborate  and  con- 
clusive argument  of  Mr.  Cominissioner  Thornton,  on  the  right  of  contesting 
claimants  to  intervene  in  a  .suit  before  the  Board,  relieves  us  from  the  neces- 
sity of  discussing  the  question  involved  in  this  case,  especially  as  no  opposi- 
tion is  made  to  the  confirmation  of  this  claim  on  the  part  of  any  persons 
holding  adverse  titles  to  the  land.  The  claim  must  therefore  be  confirmed 
to  so  much  of  the  land  petitioned  for  as  is  contained  within  the  boundaries 
of  the  tract  granted  to  Prado  Mesa. 

The  United  States,  Appellants,  vs.  Sebastian  Peralta  et  al.,  claiming 
the  Rancho  Rinconada  de  los  Gatos. 

The  validity  of  this  claim  fully  established. 

Claim  for  one  league  and  a  half  of  land  in  Santa  Clara  county,  confirmed 
by  the  Board,  and  appealed  by  the  United  States. 

The  grant  under  which  this  claim  is  made  was  issued  by  Governor 
Alvarado  May  20,  1840.  The  original  title  is  produced,  and  the  signatures 
fully  proved,  and  also  a  certificate  of  approval  by  the  Departmental  Assem- 
bly. The  land  seems  to  have  been  occupied  prior  to  the  grant,  and  a  house 
was  built  in  which  the  parties  have  ever  since  continued  to  reside. 

The  land  granted  is  described  as  the  "  Rinconada  de  los  Gatos,"  and  the  third 
condition  limits  the  quantity  to  one  league  and  a  half,  as  shown  on  the  map. 
On  recurring  to  the  ma]3,  we  find  the  tract  solicited  indicated  with  tolerable 
precision,  and  sufficiently  so  to  enable  a  surveyor  to  locate  it  without  difli- 
culty.  The  claim  was  confirmed  by  the  Board,  and  we  think  their  decision 
should  be  affirmed. 


MEXICAN    GRANTS.  179 

Thk  United  States,  A'ppellavts,  vs.  Antonio  Sunol  et  <d.,  claiming  tlie 
Rancho  Los  Caches. 

This  claim  submitted  without  argument  on  behalf  of  the  appellants. 

Claim  for  a  half-league  of  land  in  Santa  Clara  county,  confirmed  by  the 
Board,  and  appealed  by  the  United  States. 

The  claim  in  this  case  was  unanimously  confirmed  b}'  the  Board  of  Com- 
missioners. It  has  been  submitted  to  this  Court  on  the  proofs  taken  before 
the  Board,  and  without  argument  on  the  part  of  the  appellants,  or  the  state- 
ment of  any  objection  to  its  validity.  On  reference  to  the  opinion  of  the 
Board,  wc  find  but  two  questions  discussed,  and  which,  it  is  presumed,  were 
the  only  points  made  on  the  part  of  the  United  States. 

The  first  relates  to  the  location  of  the  grant.  The  Board,  after  an  elabo- 
rate and  thorough  examination  of  the  testimony,  arrive  at  the  conclusion 
that  the  calls  in  the  grant  and  the  delineation  of  the  tract  on  the  diseho  are 
abundantly  sufficient  to  enable  a  surveyor  to  locate  the  grant.  On  examin- 
ing the  transcript,  this  opinion  of  tlie  Board  seems  fully  sustained  by  the 
proofs,  and  the  doubts  or  difficulties  felt  by  some  of  the  witnesses  as  to  the 
proper  location  of  the  land  seems  to  have  originated  in  a  misconception  of 
the  true  meaning  of  some  of  the  calls  in  the  grant.  The  grantee  is  shown 
to  have  occupied  his  land  from  a  period  anterior  to  his  grant;  to  have 
lived  there  with  his  wife  and  children,  and  to  have  made  considerable 
improvements. 

To  the  discusi^ion  of  the  second  and  more  important  question,  whether 
Roberts,  the  original  grantee,  being  an  Indian,  had  a  riq:ht  to  receive  grants 
of  land  under  the  Mexican  laws,  and  to  convey  the  land  so  granted,  the 
Board  devote  a  large  portion  of  their  opinion.  But  that  question  has  been 
settled  in  the  Supreme  Court  in  accordance  with  the  views  expressed  by  the 
Board,  and  is  no  longer  open  for  argument  in  this  Court.  The  genuineness 
of  the  original  documents  is  not  questioned,  and  the  title  of  the  present 
claimant  appears  to  have  been  regularly  derived  from  the  original  grantee 
and  his  heirs,  and  to  have  been  accompanied  by  possession.  A  decree 
affirming  the  decision  of  the  Board  must  therefore  be  entered. 

The  United  St  a.tes,  Appellants,  vs.  Juan  a  Brio's  ks,  claiming  the  Rancho 
La  Pu7'isima  Concepcion-. 

The  validity  of  this  claim  undoubted. 

Claim  for  one  square  league  of  land  in  Santa  Clara  county,  confirmed  by 
the  Board  and  appealed  by  the  United  States. 

The  Board  of  Commissioners,  in  their  opinion  in  this  case,  observed  that 
it  presents  no  point  of  doubt  or  difficulty.  The  genuineness  of  the  original 
grant  is  fully  established.  The  gi-antees  are  shown  to  have  been  in  the  pos- 
session and  occupation  of  the  land  for  several  years  prior  to  their  grant,  and 


180  HISTOEY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

continued  to  reside  on  it  until  1844,  when,  with  the  permission  of  the  Gov- 
ernor, it  was  sold  to  the  present  claimant.  The  latter  has  resided  on  it  up 
to  the  time  of  the  filing  of  her  petition. 

In  a  note  appended  to   the   original  grant,  the  boundaries  are  indicated 

■with  much  precision  ;  and  the  grant  declares  the  quantity  of  land  granted 
to  be  one  square  league.     No  objection  was  made  to  this  claim  on  behalf  of 

the  United  States,  and  we  think  it  should  be  confirmed  to  the  appellee.  A 
decree  to  that  effect  will  therefore  be  entered. 

The  United  States,  Appellants,  vs.  Rufina  Castro,  et  al,  claiming  the 
Rancho  Soils. 

The  nonproduction  of  the  grant  in  this  case  does  not  affect  the  validity  of 
the  claim,  the  loss  of  the  grant  being  proved,  and  long  and  notorious  occu- 
pation of  the  land  eStabli.shed. 

Claim  for  two  leagues  of  land  in  Santa  Clara  county,  confirmed  by  the 
Board,  and  appealed  by  the  United  States. 

The  only  doubt  that  can  be  raised  with  regard  to  the  validity  of  this 
claim,  arises  from  the  fact  that  the  original  grant  is  not  produced.  The 
Board,  however,  after  considciing  the  evidence  taken  to  show  that  the  grant 
had  been  delivered  to  the  deceased  grantee,  as  well  as  its  subsequent  loss, 
arrive  at  the  conclusion  that  it  duly  issued  as  represented  in  the  petition. 
The  fact  that  the  list  of  grants  in  the  archives  contains  this  amongst  ethers, 
the  parol  testimony  of  several  witnesses  who  have  seen  it  and  know  that  it 
was  produced  and  referred  to,  to  settle  disputed  boundary  lines,  and  the  still 
more  conclusive  fact  that  the  grantee  and  his  family  have  resided  upon  the 
land  for  more  than  twenty  years,  are  sufficient  to  remove  any  suspicion 
which  the  nonproduction  of  the  grant  might  otherwise  suggest.  An  occu- 
pation so  long  continued  and  so  notorious,  with  a  claim  of  ownership  so 
universally  recognized,  might  of  itself  be  deemed  sufficient  evidence  of  own- 
ership. 

The  claim  was  unanimously  confirmed  by  the  Board,  and  we  see  no  reason 
for  reversing  their  judgment;  nor  has  any  been  suggested  on  the  part  of  the 
United  States.     A  decree  of  confirmation  must  therefore  be  entered. 

The  United  States,  Ajopellants,  vs.  The  Heirs  of  Josifi  Maria  Sanchez, 
claimmg  the  Rancho  Las  Animas. 

The  objection  that  the  boundary  of  an  adjoining  rancho  is  affected  by  this 
claim  is  untenable,  the  controversy  being  between  and  including  the 
United  States  only. 

Claim  for  four  leagues  of  land  in  Santa  Clara  county,  confirmed  by  the 
Board,  and  appealed  by  the  United  States. 

The  claim  in  this  case  is  founded  on  a  title  issued  by  Governor  Figueroa 


MEXICAN    GRANTS.  181 

to  the  widow  of  Mariano  Castro.  It  appears  from  the  voluminous  docu- 
ments contained  in  the  cxpediente,  that  Josefa  Romero,  the  widow  of  Castro, 
petitioned  the  Gov^ernor  for  a  revalidation  of  the  title  of  her  husband,  or  in 
case  the  papers  on  file  did  not  authorize  such  a  proceeding,  then  for  a  new 
grant  to  herself.  The  Governor  directed  a  search  to  be  made  in  the  archives 
for  the  record  of  the  proceedings  relative  to  the*  first  grant.  That  record  Is 
embodied  in  a  report  of  the  Secretary  Negrcte,  and  presented  to  the  Gov- 
ernor for  his  examination.  It  is  unnecessary  to  recapitulate  these  documents, 
or  to  examine  the  various  reports  and  records  of  proceedings  before  the  Vice- 
roy of  New  Spain  on  Miiriano  Castro's  petition.  The  Governor  seems  to 
have  been  satisfied  as  to  the  right  of  Josefa  Romero  to  have  the  land  which 
Mariano  Castro  had  occupied  for  many  years  confirmed  to  her.  He  accord- 
ingly issued  his  decree  recognizing  the  right  of  the  party  as  ascertained  from 
the  archives,  and  ordered  the  proper  testimonial  of  her  title  to  the  property 
to  be  issued  to  her.  In  this  decree  the  Governor  mentions  that  the  rancho 
of  Las  Animas  has  been  possessed  by  Castro  and  his  family  for  more  than 
twenty  years,  "  in  public  notoriety,"  and  as  their  right  is  proved  to  this  tract 
granted  to  Castro  under  the  name  of  La  Brea,  by  the  Vice  Royal  Govern- 
ment in  1802,  he  ordered  a  testimonial  to  issue  for  their  protection,  and 
inasmuch  as  the  boundaries  are  not  expressly  defined  in  the  grant  of  the 
Viceroy,  the  parties  must  confine  themselves  to  those  set  forth  in  the  petition 
filed  on  the  part  of  Rufina  Romero,  leaving  uninjured  the  rights  of  any  third 
party  who  may  consider  himself  aggrieved  by  the  proceedings. 

The  authenticity  of  all  the  documents  in  the  ca'^e  is  proved,  and  the  long 
continued  habitation  and  cultivation  of  the  rancho  for  nearly  half  a  century 
by  those  under  whom  the  appellees  claim,  leave  no  doubt  as  to  the  validity 
of  the  title.     It  was  accordingly  unanimously  confirmed  by  the  Board. 

Much  testimony  has  been  taken  on  the  part  of  the  claimants  of  the  adjoin- 
ing rancho  of  San  Ysidro,  to  prove  the  precise  location  of  the  boundaries 
between  that  rancho  and  the  rancho  of  Las  Animas.  Bat  it  has  already  been 
determined  by  this  Court  and  the  Board  of  Commissioners,  that  the  rights  of 
third  parties  cannot  be  adjudicated  in  this  form,  and  that  the  question  to  be 
determined  in  this  class  of  cases  is  merely  the  validity  of  the  claim  as  against 
the  United  States.  Between  the  Unitid  States  and  the  claimants  final 
decrees  in  these  suits  are  conclusive,  but  the  Act  of  1851  expressly  declares 
that  such  decrees  shall  not  affect  the  interests  of  third  persons.  All  questions 
between  claimants  arising  out  of  a  conflict  of  boundaries  are  by  the 
thirteenth  section  of  that  Act  more  appropriately  referred.in  the  first  instance^ 
to  the  Surveyor-General,  but  leaving  to  the  parties  the  right  of  resorting  to 
the  proper  judicial  tribunals. 

As  the  "  testimonial "  or  decree  made  by  the  Governor  mentions  the 
boundaries  of  the  tract  of  "Las  Animas"  to  be  those  indicateil  in  the  dUeho 


182  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

which  accompanies  the  petition,  leaving  uninjured  the  right  of  any  third 
party  who  may  consider  himself  aggrieved  by  the  proceeding,  the  right  of 
such  parties  would  seem  to  have  been  intended  to  be  left  in  the  same  condi- 
tion as  under  patent  issued  by  the  United  States  under  the  law  of  1851. 

It  is  clear,  from  the  terms  of  the  testimonial,  that  the  Governor  intended 
to  confirm  and  recognize  the  rights  of  the  petitioners  to  the  land  of  which 
they  had  long  been  in  possession ;  and  that  so  far  as  the  Government  was 
concerned,  he  was  willing  to  adopt  the  boundaries  indicated  by  the  peti- 
tioners on  the  diseno.  But  those  boundaries  were  not  intended  to  be  conclu- 
sive upon  the  rights  of  others,  and  tlie  reservation  made  in  the  decree  clearly 
shows,  that  if,  in  delineating  the  boundaries  of  the  tract  of  which  they 
claimed  to  be  owners,  the  petitioners  had  exceeded  its  true  limits  or  included 
the  land  of  others,  the  rights  of  such  parties  were  not  intended  to  be  preju- 
diced by  the  decree  ^of  concession. 

I  think,  therefore,  that  a  decree  should  be  entered  in  this  Court  in  con- 
formity with  the  decree  of  the  Governor,  and  that  the  title  of  the  claimants 
should  be  confirmed  to  the  land  according  to  the  boundaries  indicated  on  the 
diseno,  but  without  prejudice  to  the  rights  of  the  parties  who  inay  be  injured 
by  such  location. 

The  United  States,  Appellants,  vs.  Augustin  Bernal,  claiming  the 
Rancho  Santa  Teresa. 

The  validity  of  this  claim  not  disputed. 

The  claim  in  this  case  was  confirmed  by  the  Board,  and  it  has  been  sub- 
mitted to  this  Court  on  appeal  without  argument  on  the  part  of  the  United 
States. 

The  claim  seems  to  be  one  of  the  most  meritorious  which  has  been  pre- 
sented for  our  consideration. 

The  petition  of  Joaquin  Bernal  bears  date  May  10,  1834,  and  states  that 
the  petitioner  was  an  invalid  soldier,  ninety-four  years  old,  and  with  a  pos- 
terity of  seventy-eight  children.  That  he  had  entered  into  possession  of  the 
place  five  years  before,  by  permission  of  the  Ayuntamiento  of  the  Pueblo  of 
San  Jos^,  and  that  he  and  his  family  had  built  four  adobe  houses,  and  had 
continued  to  occup}^  the  land  with  his  propert}^  consisting  of  twenty-one 
hundred  head  of  cattle,  one  hundred  and  twenty  sheep,  three  mares  and  fifty 
tame  horses,  etc. 

The  Governor,  after  the  usual  references,  acceded  to  the  petition,  and  the 
concession  was  confirmed  by  the  Departmental  Assembly,  with  a  slight 
modification  of  the  boundaries  of  the  tract — the  Assembly  having  decided 
on  the  application  of  Juan  Alvirez  to  accept  out  of  the  land  the  portion 
claimed  by  the  latter.  In  accordance  with  this  resolution,  the  title  was 
issued  to  Bernal  on  July  11,  1834.     In    the  month   of  July,  1835,  Barnal 


MEXICAN    GRANTS.  183 

applied  to  the  Constitutional  Alcalde  of  San   Jo.sd  for  judicial  possession  of 
the  tract  granted,  which  was  accordingly  given  by  that  officer. 

The  genuineness  of  the  original  title  is  clearly  proved,  as  well  as  that  of 
the  "  testimonio  "  or  certificate  delivered  to  the  grantee  by  the  officer  giving 
judicial  possession.  To  this  latter  instrument  were  prefixed  the  original 
grant  and  a  copy  of  the  map  contained  in  the  expediente.  The  latter  docu- 
ment is  also  duly  produced  from  the  archives,  and  the  genuineness  of  the 
claim  is  established  beyond  all  doubt  by  the  production  of  all  the  evidence  of 
every  kind  which  can  be  ailduced  in  .support  of  a  grant  by  the  former  Gov- 
ernment of  this  country.  From  the  year  182G  until  the  present  time,  the 
land  has  been  occupied  under  an  unquestioned  title  by  the  grantee  and  his 
numerous  descendants.  The  only  doubt  suggested  in  this  case  arises  from 
an  alleged  error  in  the  boundaries,  as  fixed  by  the  officers  giving  judicial 
possession.  But  on  closely  examining  the  proofs,  there  does  not  seem  any 
reason  to  suppose  such  a,n  error  to  have  been  committed.  The  survey  on 
which  reliance  was  placed  as  establishing  that  the  tract  of  which  possession 
was  given  exceeded  in  extent  the  quantity  granted,  appears  to  have  been 
exceedingly  inaccurate,  for  independently  of  the  surveyor's  map,  it  is  also 
shown  that  the  tract  surveyed,  and  the  extent  of  which  he  attempts  to 
establish  included  a  considerable  quantity  of  land  not  comprised  within  the 
boundaries  established  by  the  officer  who  gave  judicial  possession.  On 
the  whole  case  there  seems  no  reason  to  suppose  that  the  tract  of  which 
possession  was  given,  and  of  which  the  grantee  and  his  heirs  have  enjoyed 
the  undisputed  and  notorious  possession  for  more  than  thirty  years,  differs 
either  in  quantity  or  as  to  boundaries  from  that  described  in  the  grant  and 
the  map  to  which  it  refers.  The  opinion  of  the  Commissioners  is  so  full  and 
conclusive  on  this  point  that  it  is  not  deemed  necessary  to  discuss  it  further, 
particularly  as  the  objection  has  not  been  urged  in  this  Court,  or  any  attempt 
to  impair  the  force  of  the  reasoning,  or  correctness  of  the  conclusion  of  the 
Board.  We  think,  therefore, that  a  decree  of  confirmation  should  be  entered^ 
for  the  land,  as  described  in  the  grant,  and  according  to  the  bounciaries  fixed 
in  the  act  of  judicial  possession. 

The  United  States,  Aj^pellants,  vs.  Manuel  Alviso,  claiming  the 
Rancho  Quito. 

No  objection  to  the  validit}^  of  the  claim. 

The  claim  in  this  case  was  confirmed  by  the  Board. 

It  has  been  submitted  to  this  Court  Avithont  argument  or  the 
statement  on  the  part  of  the  appellants  of  any  reasons  for  reversing 
their  decree.  No  doubt  seems  to  have  been  entertained  by  the  Commis- 
sioners as  to  the  authenticity  of  the  grant.  The  original  is  produced 
and  the  expediente  is  found  in  the  archives.     The  land  was  occupied  and 


184  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

cultivated  by  the  orijrinal  grantees,  and  has  continued  in  their  possession  and 
that  of  persons  claiming  under  them,  until  the  present  day.  Its  boundaries 
are  well  known,  and  described  with  considerable  precision  in  the  grant  and 
accompanying  map.  We  see  no  reason  for  reversing  the  decision  of  the  Board- 
The  claim  must  therefore  be  confirmed. 

The  United  States,  Appellants,  vs.  Charles  Fossat  claiming  the  Rancho 
Los  Capitancillos. 

The  genuineness  of  the  grant  in  this  case  not  disputed.  The 
ruling  in  Estudillo's  case,  that  the  words  "  poco  mas  6  menos"  are 
operative  for  such  fractional  parts  of  a  league  as  may  be  in  excess  of  the 
quantity  named  in  the  grant,  reaffirmed.  The  southern  boundary  of  the  land 
granted  to  Justo  Larios  declared  to  be  the  main  Sierra,  and  not  the  low  hills 
or  loinas  hajas.         ■* 

Claim  for  one  league  of  land  in  Santa  Clara  county,  confirmed  by  the 
Board,  and  appealed  by  the  United  States. 

At  the  hearing  of  this  case,  the  Court  entertaining  no  doubt  upon  the 
points  presented,  expressed  verball}^  its  opinion.  At  the  suggestion  of  the 
Attorney  for  the  claimants,  I  have  committed  to  writing  the  substance  of  the 
views  then  expressed. 

The  genuineness  of  the  grant  was  not  disputed.  The  only  questions 
discussed  were  as  to  the  extent  and  the  boundaries  of  the  tract  granted.  The 
land  is  described  in  the  grant  as  known  by  the  name  of  the  Capitancillos, 
bounded  by  the  Sierra,  by  the  Arroyo  Seca  on  the  side  of  the  establishment 
of  Santa  Clara,  and  by  the  rancho  of  citizen  Jose'  R.  Berreyessa,  which  has  for 
a  boundary,  a  line  running  from  the  junction  of  the  Arroyo  Seca  and  Arroyo 
delosAlamitos  southward  to  the  Sierra,  passing  by  the  eastern  "falda"  of  the 
small  hill  situated  in  the  center  of  the  Canada.  The  third  condition  states 
that  the  land  herein  referred  to  is  one  league  de  ganado  viai/or,  a  little  more 
or  less,  as  is  explained  by  the  map  accompanying  the  expediente. 

It  had  been  urged  to  the  Court  in  previous  cases,  that  where  the  conditions 
of  a  grant  mentioned  the  tract  referred  to  as  of  so  many  leagues  "a  little  more 
or  less,"  the  latter  words  should  be  rejected  for  uncertainty,  and  the  quantity 
of  land  should  be  limited  to  the  number  of  leagues  mentioned.  But  this 
construction  the  court  had  refused  to  adopt.  It  was  considered  that  the 
inquiry  in  these,  as  in  other  grants,  was  as  to  the  intention  of  the  grantor, 
and  that  the  Court  could  not  attribute  to  him  an  intention  to  grant  so  many 
leagues  and  no  more,  in  the  face  of  his  declaration  that  he  intended  to  grant 
the  specified  quantity,  a  "little  more  or  less." 

It  is  not  necessary  now  to  recapitulate  the  various  considerations  upon 
which  the  Court  determined  the  question.  It  was  of  opinion  that  where  the 
boundaries  of  the  land  granted  were  designated  with   reasonable  certainty, 


MEXICAN    GRANTS.  185 

the  mention  in  the  condition  of  a  certain  number  of  leagues,  "  more  or  hiss," 
as  the  quantity  of  land  granted,  should  be  considered  as  indicating  an  inten- 
tion to  grant  the  whole  tract  within  the  boundaries,  provided  the  excess 
over  and  above  the  number  of  leaofues  mentioned  was  not  so  great  as  to  in- 
dicate  gross  error  or  fraud ;  and  that,  as  under  the  former  government  the 
ordinary  unit  of  measurement  was  a  league,  the  term  '•'  more  or  less"  should 
at  least  be  constructed  to  embrace  such  fractional  parts  of  a  league  as  might 
be  found  within  the  boundaries,  if  no  greater  excess  than  some  fraction  of  a 
league  were  found  within  them.  It  may  deserve  consideration  whether  such 
a  mention  of  quantity  should  not  be  considered  in  all  cases,  except  those  of 
gross  error  or  fraud,  rather  a  conjectural  estimate  of  the  quantity  previously 
granted  than  as  a  limitation  of  tliat  quantity,  and  whether  the  grant  should 
not  be  deemed,  except  in  the  cases  referred  to,  a  grant  by  metes  and  bounds, 
or  bv  boundaries. 

It  is  enough,  however,  for  the  present,  to  say  that  this  Court  has  decided 
that  under  the  words  "more  or  le.ss"  such  fractional  part  of  a  league  over 
and  above  the  number  of  leagues  mentioned  will  pass,  as  may  be  contained 
within  the  boundaries  described  in  the  grant.  This  point  was  not  discussed 
at  the  hearing  of  this  case,  the  District  Attornev  bainof  aware  that  it  had 
already  been  pa.ssed  upon  by  the  Court. 

The  questions  more  particularly  debated  were: — First,  whether  the  Court 
had  any  power  by  its  decree  to  designate  the  boundaries  of  the  tract  con- 
firmed to  the  claimant,  or  whether  the  language  of  the  grant  must  be  adopted, 
leaving  the  location  of  the  boundaries  and  the  identilication  of  the  natural 
objects  called  for  to  the  Surveyor  General.  Secondly,  what  were  the 
boundaries  called  for. 

As  to  the  first  point  I  entertain  no  doubt.  The  Court  is  not,  it  is  true, 
authorized  by  the  Act  to  designate  the  "  extent,  locality  and  boundaries"  of 
the  land.  This,  in  the  absence  of  a  preliminary  survey,  would  be  impracti- 
cable; but  the  determination  of  the  validity  of  a  claim  to  a  particular  tract 
of  land  necessarily  involves  an  inquiry,  to  a  certain  degree,  into  the  bound- 
aries or  the  extent  of  the  tract,  the  validity  of  the  title  to  which  is  in  ques- 
tion. 

If  the  Court  decrees  tliat  the  title  of  the  claimant  is  valid  to  a  piece  of 
land,  it  should  by  its  decree  identify  and  designate  that  land,  so  that  it  may 
be  known  to  what  the  claim  is  valid.  But  surely  it  is  not  only  its  right  but 
its  duty  to  construe  by  the  aid  of  evidence  and  argument  any  ambiguity  or 
uncertainty  apparent  on  the  face  of  the  grant  itself,  and  where  the  grant,  as 
in  this  case,  speaks  of  a  "Sierra"  as  a  boundary,  to  ascertain  and  declare 
what  Sierra  is  meant,  and  to  express  in  its  decree  that  it  confirms  a  claim  to 
a  tract  bounded  by  a  particular  and  specified  Sierra,  anl  not  by  such  Sierra 
as  the  Surveyor  General  may  consider  to  have  been  inten  leil. 


18G  HISTORY    OF    SANTA    CLAllA    COUNTY,    CALIFORNIA. 

The  Supreme  Court,  in  many  of  the  cases  brought  up  on  appeal  from  this 
Court,  have  entered  fully  and  freely  into  the  question  of  boundaries,  and 
appear  to  have  considered  their  determination  not  only  as  within  their  juris- 
diction, but  as  an  appropriate  and  important  part  of  their  duties. 

The  remaining  question  to  be  considered  is,  what  boundaries  were  intended 
by  the  grantor.  The  only  one  of  those  mentioned,  the  identity  of  which 
was  debated,  is  the  southern  boundary  mentioned  in  the  grant  as  "thj 
Sierra."     The  point  to  be  determined  is — -what  natural  object  was  meant. 

The  evidence  shows  that  the  tract  called  Capitancillos  is  a  valley  lying 
along  an  cirrov/o  or  brook;  on  the  southerly  side  extends  a  range  of  low 
hills,  running  from  east  to  west.  At  their  eastern  extremity,  where  they  are 
intersected  by  the  Alamitos,  these  hills  attain  considerable  elevation,  but  they 
decline  in  height  towards  the  west,  where  they  reach  and  are  turned  by  the 
Arroyo  Seca.  Behind  this  ridge  or  cuchilla  the  main  Sierra  or  mountain 
chain  raises  itself  to  a  great  height,  and  is  separated  from  the  ridge  of  "  lomas 
bajas,"  already  spoken  of,  by  the  two  streams  mentioned.  These  streams 
rise  at  an  inconsiderable  distance  from  each  other  and  flowing  in  opposite 
directions  between  the  Sierra  and  the  lomas  bajas,  they  turn  the  eastern  and 
westei-n  extremities  of  the  latter  and  debouch  into  the  plain.  Upon  the 
slopes  of  the  ridge  of  low  hills,  as  well  towards  the  valley  on  the  north  as 
towards  the  streams  behind  it  on  the  south,  the  best  or  most  permanent 
grazing  is  to  be  found,  and  on  this  ridge  are  situated  the  valuable  quicksilver 
mines,  the  existence  of  which  gives  to  this  inquiry  its  chief  importance. 

The  question  is — Is  the  Sierra  mentioned  in  the  grant  the  mountain  chain 
to  the  south  of  the  lomas  bajas,  or  is  it  the  lomas  bajas  themselves  ? 

If  there  were  no  other  means  of  determining  this  question,  the  word 
"  Sierra  "  itself,  by  its  necessary  import,  as  well  as  from  the  evidence  which 
shows  to  which  of  these  natural  objects  it  was  in  fact  applied,  would  leave 
little  room  for  doubt.  The  natural  and  ordinary  meaning  of  the  term 
clearly  points  us  to  a  great  mountain  chain,  rather  than  to  a  ridge  of  low 
hills  parallel  to  but  separated  from  it.  The  evidence  is  conclusive  that  such 
was  the  meaning  and  use  of  the  word  with  reference  to  these  particular 
natural  objects,  and  that  while  the  mountain  range  was  known  as  the 
Sierra,  the  ridge  of  low  hills  was  known  as  the  "Cuchilla  la  mina  de  Luis 
Chaboya,"  or  as  the  lomas  bajas. 

The  expediente  furnishes  more  conclusive  evidence  on  this  point.  The  tract 
is  described,  as  we  have  seen,  as  of  one  "  league,  a  little  more  or  less,  as  is 
explained  by  the  map  accompanying  the  expediente."  On  this  map  is  found 
rudely  delineated  a  mountain  range,  and  this  mountain  range  is  inscribed 
"Sierra  del  Encino,"  or  "of  the  oak  tree."  The  Sierra  mentioned  in  the 
grant  is  therefore  evidently  the  "  Sierra  del  Encino,"  for  that  is  the  only 
Sierra  delineated  on  the  map. 


MEXICAN    GRANTS.  187 

The  evidence  discloses  that  there  is  on  the  main  Sierra  or  mountain  chain 
an  oak  tree  of  extraonhnar}'-  proportions  and  strikin!:f  appearance.  Situated 
on  a  sjKir  or  ridge  of  the  mountain,  it  is  a  conspicuous  natural  oLject  from 
all  parts  of  the  valley  and  for  many  miles  around.  The  photograph  exhib- 
ited in  Court  shows  that  its  size  and  isolated  situation  arc  such  as  to  strike 
the  eye  and  arrest  the  attention  of  the  most  casual  oUscrver.  Few  who 
reside  in  that  part  of  the  country  but  are  ac([uainted  with  the  existence  and 
situation  of  this  tree,  and  it  appears  in  the  speech  of  many  of  the  formei- 
inhabitants  to  have  given  a  name  to  the  Sierra  on  which  it  is  .situated.  If 
then,  as  appears  indisputably,  the  Sierra  referred  to  in  the  grant  be  the 
"  Sierra  del  Encino,"  the  Sierra  on  which  this  oak  tree  is  situated  must  be 
the  one. 

A  still  further  confirmation  of  these  views  is  derived  from  the  map 
accompanying  the  expediente  of  Berreyessa. 

The  grant  we  are  considering  mentions  as  the  eastern  boundary  of  the 
tract  granted  "  the  rancho  of  citizen  Jose  R.  Berreyessa,  tuhich  has  for  a 
boundary  a  line  running  from  the  junction  of  the  Arroyo  Seca  and  Arroyo  de 
los  Alamitos  southwai'd  to  the  Sierra,"  et3.  This  line  thus  dividing  the  two 
ranchos  had  previously  been  a  subject  of  dispute  between  the  colindmites 
or  neighboring  proprietors.  It  was  finally  settled,  however,  by  the  Govern- 
ment before  the  grants  w€'re  issued,  and  a  dotted  line,  indicating  the  boundary 
agreed  upon  by  the  parties  and  fixed  by  the  Government  was  made  on  the 
diseno  of  Berreyessa.     This  line  is  described  in  both  grants  in  the  same  terms. 

That  under  consideration  i-efers,  as  we  have  seen,  to  the  rancho  of  Berrey- 
essa as  the  boundary  of  the  rancho  of  Justo  Larios,  and  then  describes  the 
line  as  the  boundary  of  Berreye.ssa's  tract.  The  same  inverted  mode  of 
description  is  used  in  the  grant  to  Berreyessa.  To  determine  what  the  boun- 
dary of  Justo  Larios'  land  is,  we  must,  in  literal  compliance  with  the  terms 
of  the  grant,  ascertain  the  boundary  of  Berreyessa's  land,  and  in  ascertaining 
the  latter  we  resort  to  the  map  on  which  the  dotted  line  is  marked.  In 
Berreyessa's  grant,  as  in  that  of  Justo  Larios,  the  line  is  described  as  extend- 
ing to  the  "  Sierra,"  and  as  the  ranchos  were  conterminous,  and  the  eastern 
boundary  of  one  is  the  western  boundary  of  the  other,  the  "  Sierra "  to 
which  their  common  line  of  division  extends  must  be  the  same.  On  recur- 
ring, then,  to  Berreyessa's  map  and  the  dotted  line  alluded  to,  all  doubt  is  dis- 
si[)ated  as  to  the  range  of  mountains  referred  to. 

On  this  map  two  ranges  of  hills  or  mountains  are  rudely  but  unmistake- 
ably  delineated.  They  are  separated  by  a  broad  valley — far  broader  than 
that  actually  existing,  but  indicating  by  its  exaggerated  delineation  the  dis- 
crimination in  the  grantor's  mind  between  the  ridge  of  low  hills  and  the 
Sierra,  or  mountain  range  behind  it.  The  lower  ridge  is  inscribed  "Lomas 
Bajas,"  while  the  chain  behind  it  and  distinctly  separated  from  it  is  in.scribed 
"Sierra  Azul,"  from  the  hue  which  the  mountains  assume  at  a  distance. 


188  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

The  dotted  line  which  by  the  grant  is  to  terminate  at  the  "  Sierra  "  is  pro- 
duced across  the  "  Lomas  Bajas,"  across  the  valley  beyond  them,  and  termi- 
nates at  the  "  Sierra  Azul." 

There  can  thus  be  no  room  for  doubt  that  the  Sierra  intended  was  the 
main  Sierra  or  mountain  range,  and  as  the  western  line  of  the  land  of 
Berreyessa  extended  to  this  range,  the  land  of  Justo  Larios,  which  has  the 
same  line  described  in  the  same  terms  as  its  eastern*  boundary,  must  have 
the  same  extent.  The  Sierra  referred  to  in  Justo  Larios'  grant  must  necessa- 
rily be  the  same  as  that  referred  to  in  grant  the  of  Berreyessa,  and  as  to  the 
latter,  there  can  be,  as  we  have  seen,  no  question. 

Other  considerations  in  support  of  this  view  might  be  urged.  I  think  it 
unnecessary.  There  seems  to  me  no  room  for  doubt  that  the  Sierra  referred 
to  in  the  grant  was  the  main  Sierra  described  by  the  witnesses,  and  not  the 
range  of  low  hills  whi'ch  has  been  attempted  to  be  assigned  as  a  boundary. 

The  United  States,  Appellants,  vs.  James  Enright,  claiming  a  tract 
of  land  in  Santa  Clara  county.     Two  thousand  varas  square. 

An  inchoate  title,  followed  by  juridical  possession,  presents  an  equity 
which  the  United  Stiates  are  bound  to  respect. 

This  claim  was  confirmed  by  the  Board,  and  appealed  by  the  United 
States. 

The  documentary  evidence  of  title  exhibited  by  the  claimant  in  this  case 
is  as  follows:  A  petition  to  the  Governor  dated  December  20,  1844;  a  margi- 
nal decree  or  order  for  information  by  the  Governor,  and  a  favorable  report 
by  the  Secretary,  Manuel  Jimeno.  On  receiving  this  report,  the  Governor 
makes  the  following  deci'ee,  "January  6,  1845.  Granted  as  asked  for  and 
reported  by  the  most  Reverend  Father  Minister  Micheltorena." 

The  claimant  has  also  produced  a  record  of  judicial  possession,  which 
seems  to  have  been  formally  given  him  by  the  Constitutional  Judge  of  First 
Instance  of  the  Pueblo  of  San  Jose  Guadalupe,  February  18,  1846. 

It  is  objected  that  these  documents  are  insufficient  to  vest  any  title,  either 
legal  or  equitable,  in  the  claimant.  It  must  be  admitted  that  the  con- 
cession in  this  case  is  not  the  final  documento  or  title  which,  by  the  eighth 
article  of  the  regulations,  the  Governor  was  authorized  to  issue  when  the 
definitive  concession  was  made.  In  Arguello  vs.  The  United  States,  (18 
How.,  543)  the  Supreme  Court,  after  alluding  to  the  "  informes "  usually 
required,  says:  "  by  the  fourth  section,  the  Governor  being  thus  informed 
may  'accede  or  not'  to  the  petition.  This  was  done  in  two  ways;  some- 
times he  expressed  his  consent  by  merely  writing  the  word  '  conoedo  '  at  the 
bottom  of  the  expediente;  at  other  times  it  was  expressed  with  more  formal- 
ity, as  in  the  present  case.  *  *  It  is  intended  merely  to  show  that  the  Gov- 
ernor has  '  acceded  '  to  the  request  of  the  applicant,  and  as  an  order  for  a 


MEXICAN    GRANTS.  189 

patent  or  definitive  title  in  due  form  to  be  drawn  out  for  execution.  It  i.s 
not  itself  such  a  document  as  is  required  by  the  eighth  section,  which  directs 
that  the  definitive  grant  asked  for  being  made,  a  document  signed  by  the 
Governor  shall  be  given  to  serve  as  a  title  to  the  parties'  interested."  But 
this  concession,  although  not]  the  final  title  which  issued  under  the  eighth 
article,  is  nevertheless  a  grant.  The  words  of  the  grant  are  positive  and 
plain;  and  though  shorter  and  more  informal  than  the  usual  decree  of  con- 
cession, commencing  with  the  words  "  vista  la  peticion,"  it  is  in  all  respects 
as  effectual  to  constitute  an  inchoate  or  imperfect  title. 

It  has  always  been  held  by  this  Court,  that  according  to  the  provisions  of 
the  regulations  the  formal  or  definitive  title  contemplated  by  the  eighth 
article  could  not  issue  until  aft3r  the  concession  of  the  Governor  had  been 
approved  by  the  Departmental  Assembly ;  and  that  though  the  practice  of 
issuing  that  document  in  advance  of  such  approval,  and  in  terms  "  subject 
to  it,"  obtained  to  a  considerable  extent,  yet  such  [a  document,  where  no 
approval  had  been  obtained,  constituted  merely  an  inceptive  or  equitable 
title.  Whether  this  latter  view  be  correct  or  not,  no  doubt  can  be  enter- 
tained that  the  first  decree  of  concession,  whether  made  in  the  more  formal 
manner  usually  observed  or,  as  in  the  present  case,  by  the  short  declaration 
that  the  land  was  "granted  as  asked  for,"  aflbrded  the  basis  for  the  Depart- 
mental Assembly,  whose  approbation  was  necessary  to  perfect  or  give 
"  definitive  validity  "  to  the  title. 

When,  therefore,  it  appears  that  this  inceptive  title  has  been  delivered  to 
the  party  shortly  after  its  date,  and  has  been  regarded  by  the  j  udicial  officer 
as  furnishing  the  requisite  authority  to  enable  him  to  put  the  gi'autee  in 
possession,  it  should  be  treated  as  vesting  in  the  grantee  the  inchoate  or 
equitable  title,  which,  when  followed  by  occupation  and  cultivation,  ought 
to  be  respected. 

There  is  no  reason  to  suppose  that  when  the  Governor,  after  having  obtained 
the  requisite  information,  had  acceded  to  the  petition,  made  a  decree  of  con- 
cession, and  ordered  the  patent  to  issue,  he  would  have  declined  to  sign  the 
title  in  form.  So  far  as  his  action  was  concerned  he  was  fundus  officio, 
except  the  merely  formal  actor  signing  the  final  "  documento ;"  and  it  may 
well  be  doubted  whether,  if  this  concession  had  been  approved  by  the 
Assembly,  he  would  have  been  at  liberty  to  withhold  from  the  party  the  formal 
evidence  of  title  which  the  eifjhth  article  directs  him  to  issue  in  such 
cases.  It  is  not  explained  why  the  Governor  did  not  in  this  case  pursue 
the  more  usual  practice  of  issuing  the  final  title  "subject  to  the  approval  of 
the  Assembly."  He  may,  perhaps,  in  strict  conformity  with  the  regulations, 
have  withheld  it  until  the  approval  was  obtained,  or  he  may,  according  to  the 
loose  and  informal  practice  of  the  countiy,  have  considered  that  for  so  small 
a  piece  of  land  the  grant  indorsed   upon  the  petition  was  sufficient  to  secure 


19;)  HISTORY    OF    SANTA   CLARA    COUNTY,   CALIFORNIA. 

the  rights  of  the  applicant.  The  concession  was  at  all  events  delivered  to  the 
grantee ;  for  we  find  it  in  his  hands  very  soon  after  its  date,  and  by  virtue 
of  it  the  possession  was  formally  delivered  to  him. 

The  next  inquiry  is,  did  the  grantee  fulfill  the  conditions  usually  annexed 
to  the  formal  title,  and  in  consideration  of  which  it  issued? 

On  this  point  there  is  some  conflict  of  evidence.  After  referring  to  the 
testimony,  the  Board,  in  their  opinion,  say: 

"  From  a  careful  examination  of  all  the  proofs  in  the  case,  we  think  the 
preponderance  of  proof  is  in  favor  of  the  claimant,  and  must  be  regarded  as 
establishing  the  fact  of  the  cultivation  of  the  place,  by  Garcia,  from  a  period 
anterior  to  the  grant,  to  the  time  of  sale  to  Enright"  (the  present  claimant). 
We  see  no  reason  to  dissent  from  this  conclusion. 

The  remaining  question  relates  to  the  location  and  extent  of  the  land.  The 
petition  described  it  as  "  two  thousand"  varas  of  farming  land;  a  note  in  the 
margin  of  the  petition,  by  Pacheco,  states  that  the  petition  for  the  farming 
land  is  for  eight  thousand  varas. 

Under  this  description  juridical  possession  was  given  of  a  piece  of  land 
two  thousand  varas  square.  There  might,  perhaps,  be  some  room  to  doubt 
whether  the  land  described  in  the  petition  was  two  thousand  varas  square 
or  two  thousand  squai-e  varas;  but  the  note  of  Pacheco,  the  construction  given 
to  the  concession  by  the  Alcalde,  as  well  as  the  natural  interpretation  of  the 
words  when  properly  used,  satisfy  us  that  the  intention  was  to  grant  a  piece 
of  land  two  thousand  varas  square,  or  bounded  by  a  line  eight  thousand 
varas  long,  taking  the  four  sides  together,  as  stated  by  Pacheco.  ■ 

On  the  whole,  we  are  of  opinion  that  the  grantee  acquired  by  the  conces- 
sion, an  inceptive  or  inchoate  title,  which,  when  followed  by  cultivation  and 
juridical  possession,  constitute  an  equity  the  United  States  are  bound  to 
respect.     The  decree  of  the  Board  must  be  afiirmed. 

'  The  United  States,  Appellants,  vs.  Mary  S.  Bennett,  claiming  tiuo 
tracts  of  land  in  Santa  Clara  county. 

Where  a  decree,  thi-ough  mistake  or  accident,  does  not  express  the  judg- 
ment of  the  Court,  it  may  be  corrected  on  motion  made  after  the  expiration 
of  the  term  at  which  it  was  enrolled. 

This  was  a  motion  to  amend  the  decree  of  confirmation  so  as  to  conform 
to  the  decree  of  the  Board  of  Commissioners. 

When  this  case  was  called  in  its  order  on  the  calendar,  the  District 
Attorney  stated  to  the  Court  that  he  had  no  objection  to  make  to  the 
aflirmance  of  the  decree  of  the  Board  and  to  the  confirmation  of  the  claim. 
An  order  confirming  the  claim  was  thereupon  entered  upon  the  minutes,  and 
the  parties  were  directed  to  draft  the  decree  and  present  it  to  the  Judge  for  sig- 
nature, first  submitting  it  to  the  District  Attorney  for  examination.    A  draft 


MEXICAN    (illANTS.  191 

decree  was  aireonlingly  presented  to  the  Jud<,a',  with  an  indorsement  thereon, 
signed  by  the  District  Attorney,  that  the  same  was  correct.  It  was  there- 
fore signed  by  the  Judge  witliout  examination,  and  'in  entire  reliance  upon 
the  consent  of  the  District  Attorney  that  the  decision  of  the  Board  should 
be  affirmed,  and  his  certificate  that  the  form  of  the  decree  was  correct. 

Notice  liaving  been  received  from  the  Attorney  General  tliat  the  United 
States  would  not  prosecute  the  a])peal  from  the  decision  of  the  Board,  and  a 
decree  in  this  Court  having  been  made,  as  above  stated,  before  the  reception 
of  the  notice,  the  District  Attorney  entered  into  a  stipulation  and  consent 
that,  no  appeal  should  be  taken  from  the  decree  of  this  Court,  and  that  the 
claimants  might  proceed  as  under  a  final  decree.  After  this  stipulation  was 
entered  into,  it  was  discovered  by  the  District  Attorne}',  that,  through  error 
or  accident,  the  description  of  the  land,  contained  in  the  decree  of  this  Court, 
was  widely  diff'erent  from  that  contained  in  the  decree  of  the  Board;  and 
that  the  land  confirmed  by  this  Court  is  of  larger  extent  and  different  situa- 
tion from  that  confirmed  to  the  claimants  by  the  Board — the  claim  to  which 
alone  he  intended  to  consent  should  be  affirmed,  and  the  United  States  hail 
consented  not  further  to  litigate.  A  motion  is  now  made  to  amend  the  de- 
cree  signed  by  this  Court,  as  above  stated,  so  as  to  make  it  conform  to  the 
decision  of  the  Board.  It  is  resisted,  on  the  ground  that  the  term  having 
expired,  the  Court  has  no  power  to  alter  or  amend  its  final  decrees. 

If  the  application  were  intended  to  procure  a  revision  and  correction  of 
any  errors,  either  in  law  or  in  fact,  or  to  change  opinions  once  given,  or  to 
obtain  a  new  decision,  it  would  of  course  be  denied.  Even  if  a  Court  had 
no  jurisdiction  over  the  cause,  the  judgment  is  binding  until  reversed  on 
error.  (6  How.,  31.)  But  in  this  case,  so  far  as  the  Court  can  be  said  to 
have  passed  at  all  upon  the  questions  submitted  to  it,  its  judgment  and 
intention  wei'e  that  the  decision  of  the  Board  should  be  affirmed.  It  certainly 
cannot  be  said  to  have  intended  to  depart  from  that  decision  by  confirming 
to  the  claimant  another  and  a  different  tract. 

Such  was  the  obvious  effect  of  the  first  order  of  confirmation  directed  in 
open  Court  to  be  made,  and  such  was  supposed  to  be  the  effect  of  the  decree 
signed  on  the  faith  of  the  District  Attorney's  certificate  of  correctness.  If 
then,  through  accident  or  mistake  of  the  District  Attorney,  the  decree 
approved  by  him  and  signed  by  the  Court^does  not  describe  the  land  which 
he  was  willing  should  be  confirmed,  and  which  the  Court  supposed  it  was 
confirming,  it  would  seem  to  present  a  case  of  mistake  which  the  Court  after 
enrollment  has  the  power  to  correct.  In  so  doing  it  makes  no  new  decree, 
nor  does  it  review  or  reverse  any  former  judgment,  nor  make  a  new  decision 
on  points  already  passed  upon.  It  merely  makes  the  written  decree  con- 
form to  what  was  in  fact  the  judgment  of  the  Court,  and  enters  a  decree 
now,  such  as  it  intended  to  enter  then. 


192  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

The  case  of  Marrs  Administrator  vs.  Miller's  Executor  (1  Henring  & 
Munf.,  204)  is  directly  in  point. 

In  that  case  a  decree  was  improperly  entered  at  a  previous  term  by  the 
inattention  of  counsel  who  drew  it.  It  was  sought  to  be  amended  on 
motion. 

Per  Curiam. — "  The  practice  of  this  Court  heretofore  and  of  the  Federal 
Courts  in  this  place  has  been  inquired  into,  and  it  appears  that  in  all  cases 
where,  by  nnistake,  an  entry  has  been  made,  it  has  been  rectified  on  motion. 
And  where  any  error  has  been  committed  by  the  officers  of  the  Court,  or 
gentlemen  of  the  Ba-r,  it  has  been  corrected  on  motion.  Let  the  decree  be 
set  aside  and  entered  now  as  it  should  have  been." 

A  similar  power  appears  to  have  been  exercised  by  Lord  Hardwicke,  in 
Kevijp  vs.  Squire,  (1  Vesey,  Jr.,  205)  and  in  other  cases  cited  in  the  brief 
on  the  part  of  the  United  States. 

On  the  whole,  we  think  that  the  case  presented  is  one  where  the  Court 
has  the  authority  to  amend  its  decree ;  and  that  a  decree  should  be  entered 
nunc  pro  tunc,  affirming  the  decision  of  the  Board,  and  confirming  the 
claim  of  the  appellees  to  the  land  as  therein  described. 

It  should,  perhaps,  be  observed  that  it  is  contended  by  the  counsel  for  the 
claimant  that  the  decree  entered  in  this  Court  does  not  substantially  differ 
from  that  of  the  Board.  It  is  enough  to  say  that  the  description  of  the 
land  is  entirely  different,  and  designates  boundaries  not  mentioned  either  in 
the  original  petition  of  the  claimant,  or  in  any  of  the  documents  presented 
by  her.  It  is  apparent  that  the  land  confirmed  by  the  decree  of  this  Court 
may  he  different  from  that  confirmed  by  the  Board.  The  possible  existence 
of  such  a  discrepancy  would  seem  to  be  enough  to  warrant  the  amendment 
of  the  decree,  so  that  it  may  conform  to  the  decision  intended  to  be,  as 
expressed  in  the  decree  itself,  "  in  all  things  affirmed." 

'  CiPRiANO  Thurn  et  at.,  claiming  j^art  of  the  Rancho  Canada  de  Carte 
Madera,  Appellants,  vs.  The  United  States. 

Where  one  of  two  persons  to  whom  a  grant  was  made  has  exhibited  a 
deed  from  his  co-grantee,  and  obtained  a  confirmation  of  his  claim  to  the 
whole  tract,  the  co-grantee  who  has  presented  his  separate  claim  for  his 
half,  and  who  denies  the  execution  of  the  deed,  is  entitled  to  a  confirmation 
as  against  the  United  States,  and  the  rights  of  the  parties  inter  sese  will  be 
left  to  be  determined  by  the  ordinary  tribunals. 

Claim  for  one-half  of  a  square  league  of  land  in  Santa  Clara  county, 
rejected  by  the  Board,  and  appealed  by  the  claimants. 

In  this  case  the  genuineness  of  the  grant,  the  regularity  of  the  proceed- 
ings, and  the  fulfillment  by  the  grantees  of  all  the  conditions  are  established 
by  abundant  proofs,  and  admitted  on  the  part  of  the  United   States.     The 


Cr^^l' 


f! 


l\ 


TILb, 


^RY 


X  AND 


MEXICAN    GRANTS.  193 

proceedings  up  to  the  issuance  of  a  final  title  and  including  an  approval  of 
the  grant  by  the  Departmental  Assembly,  were  conducted  in  strict  conformity 
to  the  Regulations  of  1828;  and  on  June  11,  1834,  the  final  documento 
required  by  those  regulations  was  issued  to  the  appellants,  Maximo  Martinez 
and  Domingo  Peralta. 

The  present  claim  is  by  the  representatives  of  the  latter,  and  is  for  one- 
half  of  the  rancho.  Maximo  Martinez  has  also  presented  his  claim,  which, 
however,  embraced  the  whole  rancho.  To  establish  his  title  to  the  share  of 
his  co-grantee,  he  gave  in  evidence  an  alleged  conveyance,  dated  May  19, 
1884,  from  Peralta  to  himself.  As  this  conveyance  seemed  iDvimd  facie  to- 
show  the  whole  title  to  be  in  Maitinez,  the  claim  to  the  whole  was  confirmed 
to  him  by  the  Board  and  by  this  Court.  Domingo  Peralta  now  presents  his^ 
claim,  and  would  clearly  be  entitled  to  a  confirmation  of  one-half  of  the  land,^ 
had  not  the  United  States  put  in  evidence  the  conveyance  alleged  to  have 
been  made  by  him  to  Martinez  as  above  stated.  Many  objections  to  this 
document  were  urged  on  the  part  of  the  claimant;  but  its  genuineness  and 
supposed  legal  effect  wei'e  strenuously  denied. 

The  District  Attorney  declined  to  argue  the  questions  discussed  by  claim- 
ants, observing  that  the  controversy  was  one  in  which  the  United  States  had 
not  the  slightest  interest;  the  grant  was  unquestionably  valid,  and  the  land 
had  already  been  confirmed  to  Martinez,  the  appeal  in  whose  case  had  been 
dismissed  by  order  of  the  Attorney  General,  lie  further  observed,  that  no 
decision  of  this  Court  could  in  any  way  determine  private  rights  in  the 
parties  to  land  admitted  not  to  belong  to  the  United  States,  and  to  which 
the  full  legal  and  equitable  title  was  already  vested  in  private  individuals. 

The  District  Attorney  was  understood  to  say  that  he  interposed  no  objec- 
tion to  a  confirmation  to  the  present  claimant,  if  the  Court  was  of  opinion 
that  such  a  decree  should  be  entered. 

It  has  heretofore  been  decided  by  the  Board  and  this  Court  that  third 
persons  have  no  right  to  intervene  in  these  proceedings  to  ascertain  whether 
land  claimed  under  titles  derived  fiom  the  former  Government  is  public  or 
private  land.  As  the  decree  of  this  Court  and  the  patent  issued  under  it 
cannot  effect  the  rights  of  any  parties,  except  the  United  States  and  the 
claimants,  it  seemed  manifestly  improper  to  allow  an  inquiry,  instituted  to 
ascertain  the  rights  of  the  United  States,  and  to  determine  what  was  private 
and  what  public  land,  to  be  controverted  into  a  complicated  series  of  ci'oss 
ejectments  between  various  private  claimants,  and  this,  where  the  decision 
of  the  Court  could  not  in  any  event  decide  the  rights  litigated  before  it. 
The  only  course,  therefore,  to  be  adopted  was  to  confirm  to  the  claimant 
whenever  he,  by  a  deraignment  of  \!\i\G  privid  facie  regular,  showed  himself 
to  be  the  owner  of  a  valid  grant. 

This  mode  of  proceeding  involved,  it  is  true,  the  apparent  anomaly  of  con- 
13 


194  HISTORY    OF   SANTA    CLARA   COUNTY,    CALIFORNIA. 

firming  in  some  cases  the  same  land  to  different  persons  claiming  under  the 
same  original  grant.  But  as  each  suit  was  separate,  and  as  the  Court  could 
not  enter  into  questions  of  adverse  private  rights,  this  anomaly  was  not  to  be 
avoided.  Had  the  present  claimant  been  permitted  to  intervene  in  the  case 
of  Martinez,  he  perhaps  might  have  shown,  as  he  claims  to  have  done  in  this 
case,  that  the  alleged  conveyance  to  Martinez  was  fabricated  or  inoperative. 
As  he  was  not  permitted  to  do  so,  it  seems  equally  improper  to  allow  that 
conveyance  to  be  introduced  into  this  case,  nominally  on  the  part  of  the 
United  States,  but  really  on  the  part  of  Martinez,  to  defeat  the  claim  of 
Peralta  to  a  confirmation,  which  if  it  were  not  for  that  conveyance  he  would 
be  clearh^  entitled  to.  Besides,  if  the  validity  of  that  conveyance  is  to  be 
passed  upon  by  this  Court,  Martinez  should  be  heard,  and  allowed  to  intro- 
duce testimony.  The  District  Attorney  has  neither  any  interest  nor  power 
to  represent  him.  To  the  United  States  it  is  indifferent  whether  the  land 
beloncfs  to  both  the  oricjinal  grantees,  or  to  Martinez  alone. 

To  refuse  to  confirm  this  claim,  is  a  recognition  of  the  validity  of  a  con- 
veyance which  ma^'^  be  liable  to  grave  objections.  But  to  confirm  the  claim, 
is  merely  to  give  to  the  claimant  a  right  to  a  deed  from  the  United  States, 
relinquishing  and  quit-claiming  any  supposed  title  they  might  have  been 
deemed  to  possess,  and  the  reception  of  which  merely  puts  the  claimant  on 
an  equal  footing  with  his  adversary,  and  enables  both  to  contest  with  equal 
evidence  of  title  from  the  United  States  their  adverse  rights  before  the  ordi- 
nary tribunals.  I  think  that  the  only  course  to  be  adopted  is  to  confirm 
this  claim,  and  to  leave  the  question  of  ownership  inter  partes  to  be  litigated 
before  the  tribunals  having  jurisdiction  over  the  subject  matter  of  the  con- 
troversy.    A  decree  must  be  entered  accordingly. 

J.  W.  Redman  et  al.,  claiming  part  of  the  Orchard  of  Santa  Clara,  Aj)pel- 
lants,  vs.  The  United  States. 

The  claim  must  be  rejected,  on  the  ground  that  the  bona  fides  of  the  grant 
have  not  been  sufficiently  established  by  the  evidence. 

Claim  for  about  ten  acres  of  land  in  Santa  Clara  county,  rejected  by  the 
Board,  and  appealed  by  the  claimants. 

The  claimants  have  produced  in  evidence  a  grant  purporting  to  have  been 
made  by  Pio  Pico,  on  June  30,  18i6,  conveying  the  orchard  of  Santa  Clara 
to  Castaiieda,  Arenas  and  Dias  in  consideration  of  twelve  hundred  dollars  paid 
by  them  to  the  Government.  Also,  a  memorandum  or  account,  purporting  to 
have  been  signed  by  Pico,  of  the  articles  furnished  to  the  Government  by  the 
Senores  Castafieda,  Arenas  and  Dias,  in  payment  of  the  purchase  money  of 
the  gardens  of  Santa  Clara  and  San  Jose.  This  receipt  or  account  is  dated 
Los  Angeles,  July  2,  1846.  The  grant  purports  to  be  signed  by  Pio  Pico, 
as  Governor,  and  by  Jose'  Matias  Moreno,  as  Secretary.     Appended  to  it  is 


MEXICAN    GRANTS.  195 

the  usual  certiticato,  signed  b^'  Moreno,  stating  that  "a  note  of  this  superior 
decree  has  been  taken  in  the  corresponding  book."  No  expediente  from  the 
archives  has  been  produced,  nor  do  those  records  contain  any  trace  what- 
ever of  the  execution  of  this  grant.  No  corresponding  book  lias  been 
exhibited,  nor  is  any  such  found  among  the  archives.  No  po.s.session  of  the 
hind  was  taken  by  the  grantees  during  tlio  existence  ofjthe  former  Govern- 
ment. It  is  stated  by  Jas.  Alexander  Forbes  that  the  orchard  remained  in 
l)os.so.ssion  of  the  missionary  priests  up  to  the  year  1849  or  1850.  About 
that  time,  one  Osio  obtained  the  po.ssossion,  but  by  what  right  or  title  does 
not  appear.  The  claim  thus  rests  enti)-ely  on  the  alleged  grant  produced  by 
the  parties,  with  the  usual  proof  of  signatures,  and  on  the  parol  testimony 
offered  by  them. 

It  is  contended  on  the  part  of  the  United  States  that  the  grant  was  made 
subsequently  to  the  conquest  of  the  country,  and  is  antedated. 

The  grant,  as  we  have  seen,  purports  to  have  been  made  at  Los  Antreles 
•Tune  30,  1846.  '^ 

It  w^as  proved  before  the  Board  that  at  that  date  Pio  Pico  was  not  at 
Los  Angeles,  but  at  Santa  Barbara,  with  his  secretary  and  suite.  The 
claimants  have  taken,  how^ever,  in  this  Court,  the  deposition  of  Cayetano 
Aienas,  who  testifies  that  the  grant  was  made  in  Santa  Barbara,  and  sent, 
by  the  Governor,  to  the  witness  at  Los  Angeles,  where  it  was  received  by 
him  July  4,  184G;  and  it  is  suggested  that  the  grant  was  dated  Los  Angeles, 
the  Capital  of  the  Department,  though  actually  signed  at  Santa  Barbara', 
in  accordance  with  the  practice  of  the  Governor.  The  explanation  is  plaus- 
ible, though  it  has  somewhat  the  air  of  an  afterthought  to  meet  a  difficulty 
that  had  unexpectedly  ari.sen. 

It  is  strange,  however,  that  the  receipt  above  referred  to  should  particu- 
larly set  forth  that  "  it  was  given,  for  the  security  of  those  interested,  in  the 
City  of  Los  Angeles  on  the  second  of  July,  ISJ/J,"  when,  in  fact,  if  executed 
at  all  on  that  date,  it  must  have  been  executed  in  Santa  Barbara,  or  on 
the  Governor's  own  rancho. 

The  grant,  as  has  been  stated,  is  to  Juan  Castafieda,  Luis  Arenas,  and 
Benito  Dias.  Castaneda  is  dead.  The  other  two  have  been  examined  as 
witnesses.  It  is  clearly  proven,  and  indeed,  admitted  by  Cayetano  Arenas, 
that  the  grant  is  in  the  handwriting  of  Castaneda. 

It  is  also  in  proof  that  during  the  month  of  June,  and  during  the  first 
days  of  July,  184G,  Castaneda  was  at  the  head-quarters  of  General  Castro 
at  Santa  Clara.  That  about  the  lOth  of  July,  he  was  on  the  road  to  Los' 
Angeles,  at  which  place  he  arrived  about  the  end  of  July.  These  facts  are 
established  by  the  testimony  of  General  Castro  himself,  by  that  of  Benito 
Dias,  and  Cayetano,  and  Luis  Arenas.  Dias  states  that  he  left  Monterey  for 
Los  Angeles  on  the  10th,  or  12th  of  July.     That  on  his  way  down  he  met 


196  HISTORY    OF    SANTA    CLAEA    COUNTY,    CALIFORNIA. 

Castafieda  with  General  Castro;  that  they  proceeded  together  to  Los  Angeles, 
where  they  arrived  about  July  20th;  that  they  saw  Pio  Pico,  on  their  jour- 
ney, at  his  rancho  of  San  Marguerita. 

Cayetano  Arenas,   the    claimant's   witness,    states  that   at   the  time   he 
received  the  grant  from  Pio  Pico,  viz.,   July  4th,  Castaheda,  Benito  Dias, 
Luis  Arenas,  the  father  of  the  witness,  w^ere  not  in  Los  Angeles,  but  were  in 
the  upper   country;  and  that  the  latter   arrived  a   few  days    aftcrwards- 
Luis  Arenas  testifies  that  he  first  saw  the  grant  in  the  hands  of  Castafieda, 
in  his  (Arenas')  house,  in  Los  Angeles;  that  he  left  San  Josd  for  Los  Angeles 
the  day  after  he  heard  of  the  taking  of  Sonoma  by  the  Americans.^    This 
event  occurred  in  the  middle  of  June.     Supposing,  then,  the  witness'  mem- 
ory to  be  accurate,  he  must  have  lingered  on  the  road,  if  his  son  is  to  be 
believed,  a  considerable  time,  for  Cayetano  Arenas  swears,  as  we  have  seen, 
that  he  received  the"  grant  in  Los  Angeles,  on  July  4th,  and  his  father   did 
not  arrive  until  some  days  afterwards.     Luis  Arenas  further  states  that  he 
"  met  Castafieda  in  Los  Angeles  a  little  while  after  his  arrival."     We  have 
already  seen,  however,  that  Castafieda  did  not  arrive  in  Los  Angeles  until 
about  July  20th.     And  Luis  Arenas  admits  that  when  Castafieda  showed 
him  the  grant,  Benito  Dias  and  Governor  Pico  were  in  the  place,  and  that 
he  saw  them  every  day. 

Bearing  these  facts  in  mind  we  proceed  to  consider  the  testimony  of  Dias 
with  respect  to  the  execution  of  the  grant.  This  witness  swears  that  the 
grant  was  executed  in  Los  Angeles  about  August  1st;  that  he  saw  Casta- 
fieda write  it,  and  that  on  the  same  day  he  brought  it  back  to  the  house  of 
Litis  Arenas,  with  the  Governor's  signature  attached  to  it;  that  the  receipt 
for  money  and  articles  furnished  was  written  a  few  days  after,  but  that  he 
(the  witness)  never  paid  anything  on  account  of  purchase.  If  this  testimony 
be  true,  there  is  an  end  of  the  case. 

The  fact  that  the  grant  is  in  the  handwriting  of  Castafieda  would  seem  of 
itself  such  a  corroboration  of  Dias'  testimony  as  to  exclude  much  doubt  as  to 
its  truth.  Arenas  himself  does  not  pretend  to  have  heard  of  the  grant,  or 
the  agreement  for  the  sale  of  the  orchard,  until  after  Castafieda's  arrival  in 
Los  Angeles,  and  this  notwithstanding  that,  if  the  receipt  be  genuine,  he^ 
Castafieda,  and  Dias,  had,  on  July  2d,  furnished  to  the  Governor  cash  and 
various  supplies  to  the  amount  of  three  thousand  two  hundred  dollars. 
He  further  states  that  he  gave  the  Governor  two  hundred  head  of  cattle;. 
that  he  received  back  three  hundred  dollars  in  change,  and  that  he  deliv- 
ered to  Pico  a  writing  which  showed  that  he  made  his  part  of  the  payment 
with  the  two  hundred  head  of  cattle,  which  were  then  on  Pio  Pico's  rancho. 
He  adds  that  Pio  Pico  has  these  same  cattle  to  this  day.  Benito  Dias  states 
that  he  knows  of  the  payment  for  the  orchard  of  Santa  Clara  only  from 
what  Castafieda  told   him,  viz.,  that  he  (Castafieda)  had  given  a  note  to 


MEXICAN    GRANTS.  197 

Pico,  payable  when  the  Mexican  authority  would  be  re-estaljli.shed,  but  that 
he,  Dias,  never  paid  any  part  of  it. 

The  fact  that  the  grant  is  in  the  handwriting  of  Castaiieda  might,  per- 
haps, be  accounted  for,  consistently  with  the  good  faith  of  the  transaction. 
on  the  hypothesis,  which,  however,  would  be  purely  conjectural,  that  Cas- 
taiieda  had  written  it  out,  and  sent  it  to  the  Governor.  But  in  such  case  he 
must  have  written  it  before  it  was  signed,  and  how  can  we  explain  the  cir- 
cumstance that  the  date  (June  30,  18iG)  is  in  the  handwriting,  and  evi- 
dently written  at  the  same  time  with  the  rest  of  the  document?  But,  sup- 
posing this  difficulty  surmounted,  the  receipt  is  evidently  antedated,  or  a 
fabrication.  Arenas  could  not  have  assigned  the  cattle  spoken  of  by  him^ 
and  the  receipt  for  which  is  acknowledged,  on  July  2d,  at  Los  Angeles. 
He  did  not  arrive  until  a  few  da3's  before  Castaheda;  and  his  son,  the  only 
important  witness  for  the  claimants,  states  that  he  arrived  some  days  after 
July  4th.  Castaheda  could  not  have  paid  the  cash,  or  delivered  the  other 
articles  mentioned  in  the  receipt,  on  the  2d  of  July,  for  at  that  time  he  was 
at  the  head-quarters  of  General  Castro,  at  a  distance  of  several  hundx'ed 
miles;  and  yet  the  receipt  is  in  his  handwriting.  The  account  given  by 
Dias  seems  the  only  mode  of  reconciling  these  discrepancies,  and  though  I 
should  hesitate  to  accept  his  unsupported  statement,  whether  for  or  against 
a  claimant  in  cases  of  this  class,  in  this  instance  it  is  corroborated  and  con- 
firmed by  other  testimony,  as  to  justify  a  belief  in  its  truth.  Cayetano 
Arenas  is  the  only  witness  on  the  part  of  the  claimants  who  pretends  to 
have  seen  the  grant  before  the  end  of  July.  If  the  claim  is  to  be  confirmed, 
it  must  be  on  his  unsupported  testimony.  The  account  given  by  him  bears 
strong  marks  of  improbability.  He  states  that  the  grant  was  sent  to  him, 
"as  it  related  to  his  father's  business,"  and  that  he  was  instructed  to  retain 
it  until  Castaheda  came  down  from  the  upper  country.  His  father  arrived 
a  few  days  after,  but  Castaheda  did  not'arrive,  as  we  have  seen,  until  about 
the  20th.  The  father  of  the  witness  was  one  of  the  original  grantees.  It  is 
sti-ange  that  he  should  not  only  have  withheld,  for  nearly  two  weeks,  his 
grant  from  his  father,  who  was  as  much  entitled  to  receive  it  as  .Castaheda, 
but  should  not  at  least  have  shown  it  to  him,  or,  so  far  as  appears,  men- 
tioned its  reception.  That  Luis  Arenas  saw  it  for  the  first  time  in  Casta- 
fieda's  hands  is  positively  stated  by  himself.  The  deposition  of  Cayetano 
Arenas  was  taken  after  the  rejection  of  the  claim  by  the  Board.  It  is,  per- 
haps, not  unfair  to  say  that  testimony  of  so  much  importance,  and  intro- 
duced for  the  first  time  after  the  claim  was  rejected,  is  liable  to  much  sus- 
picion. Luis  Arenas  was  examined  and  cross-examined  at  length  before  the 
Commissioners, 

The  fact  that  Pio  Pico  was  not  in  Los  Anjxeles  at  the  date  of  the  grant 
had  already  been  established.     Had  he  known  that  the'grant  was  in  the  pos- 


198  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

session  of  his  son  from  July  4th  until  he  delivered  it  to  Castaneda,  he  would 
naturally  have  stated  it.  He  does  not  allude  to  the  circumstance.  It  is 
difficult  to  imagine  that  Cayetano  Arenas  could  have  received  this  grant, 
made  for  the  benefit  of  his  father,  amongst  others,  and  retained  it  in  his  pos- 
session for  nearly  two  weeks,  without  ever  mentioning  the  fact,  either  at  the 
time  or  even  subsequently,  up  to  the  moment  when  his  father  testified 
before  the  Commission.  There  are  the  circumstances  which  tend  still 
further  to  corroborate  the  statements  of  Dias.  The  alleged  motive  of  mak- 
ing this  sale  was  the  exigency  of  public  affairs,  which  compelled  the  Govern- 
ment to  avail  itself  of  all  the  resources  at  its  disposal.  It  was  dated  within  a 
few  days  of  the  capture  of  Monterey.  The  payment  and  support  of  the 
army  must  have  been  of  the  first  necessity,  and  the  use  to  which  the  money 
and  other  articles  would  most  probably  have  been  applied  ;  yet  Castro,  the 
commanding  General  states,  that  he  never  received  any  money  ai'ising  from 
the  sale  of  the  orchiards  for  the  expense  of  the  war,  and  that  if  money  from 
that  source  had  been  so  appropriated,  he  would  certainly  have  known  it. 
On  his  cross-examination  he  repeats  that,  though  Pio  Pico  might  have 
applied  money  or  property  arising  from  this  sale  to  public  uses  without  his 
(witness')  knowledge,  yet  he  could  not  have  applied  it  to  the  use  of  the  army. 

But  Luis  Arenas  negatives  the  idea  that  the  cattle  at  least  were  applied 
to  public  uses,  for  he  states  (perhaps  unguardedly)  that  the  two  hundred  head 
given  by  him  to  Pico  are  still  on  Pico's  rancho.  This  fact  alone  would  be 
sufficient  to  raise  a  suspicion  that  the  Governor  did  not,  in  a  crisis  in  public 
affairs,  in  good  faith,  attempt  to  obtain  supplies  b}'  a  sale  of  public  domain  ; 
but  rather  that  he  has  been  induced  at  a  subsequent  day,  for  his  individ- 
ual advantage,  to  sign  an  antedated  title.  But  if  there  were  less  force  in  all 
these  circumstances,  one  consideration  seems  to  me  decisive.  Neither  Pio 
Pico  nor  Moreno  have  been  examined  in  the  case. 

The  Governor,  in  the  absence  of  all  evidence  from  the  archives,  was  the 
person  who  of  all  others  could  have  explained  when  and  why  he  made  the 
grant;  why  it  was  dated  at  Los  Angeles;  from  whom  he  received  it  for 
signature;  to  whom  he  sent  it;  to  what  use  he  applied  the  property,  and 
how  it  happened  that  he  signed  a  receipt  for  it  at  Los  Angeles,  on  the.  2d  of 
July,  as  received  from  Castaneda,  Arenas,  and  Dias,  when  no  one  of  them 
was  at  that  place. 

Moreno  might  have  explained  how  it  happened  that  the  grant  was  in  this 
case  written  by  Castaneda,  when  the  latter  was  at  its  date,  and  for  some 
weeks  subsequently,  at  a  distance  of  several  hundred  miles.  If  the  grant 
was  written  by  Castaneda  and  transmitted  to  the  Governor  for  signature, 
Moreno  might  perhaps  have  told  us  how  it  happened  that  Castaneda  guessed 
so  prophetically  the  day  on  which  the  Governor  would  sign  it,  and  was  able 
by  anticipation  to  fill  in  the  date  at  the  time  he  drew  the  instrument.     For 


MKXrCAN    GRANTS.  199 

that  the  date  was  written  at  the  same  time  and  in  the  same  hand  with  the 
rest  of  the  document  is  obvious  on  inspection. 

In  a  case  like  this,  surrounded  by  circumstances  so  suspicious,  and  depend- 
ing, on  the  part  of"  the  claimants,  upon  the  testimony  of  Cayetano  Arenas 
alone,  the  depositions  of  the  Governor  and  his  secretary  ou^ht  not  to  have 
been  withheld.  If  the  decision  of  this  cause  depended  upon  weighinij  the 
unsupported  testimony  of  Arenas  against  testimony  equally  unsupported  of 
Dias,  the  duty  of  determining  whieli  had  sworn  falsely  would  be  difficult  as 
well  as  painful.  But  the  testimony  of  Dias  is  corroborated  by  every  fact  in 
the  case,  while  that  of  Arenas,  if  not  inconsistent  with  them,  is  wholy  unsup- 
ported, and  explanation  from  the  best  if  not  the  only  source  from  which  it 
could  be  furnished,  is  withheld.  1  think  it  clearly  my  duty  to  reject  the 
claim. 

Having  reached  this  conclusion,  it  is  unnecessary  to  <lisr.jss  tie  question 
whether  the  Gov'ernor  had  authority  to  sell  the  lands  of  the  Missions,  or  at 
least  the  orchards,  vineyards  and  cultivated  portions,  which,  under  the  d3cree 
of  the  Supreme  Government  and  the  proclamation  of  Michel torena,  had  been 
restored  to  the  missionary  priests. 

After  the  above  opinion  was  read,  it  was  suggested  to  the  Court  by  the 
counsel  for  the  claimants,  that  the  deposition  of  Jose  Matias  Moreno,  which 
was  on  file  in  the  case  of  T.  0.  Larkln  vs.  The  United  States,  had  been  by 
consent,  admitted  as  evidence  in  this.  The  claim  in  the  case  of  L%vkin  vs 
The  United  Stales  is  founded  on  the  same  grant  as  that  exhibited  in  this 
case,  and  is  for  a  part  of  the  orchard. 

In  the  opinion  delivered  in  that  case,  the  testimony  of  Moreno  is  adverted 
to,  as  follows: — 

"  Moreno  testifies  that  the  signatures  of  himself  and  Pico  are  genuine,  and 
affixed  at  the  time  the  documents  bear  date,  and  that  Pico  signed  them  in 
his  presence.  He  also  swears  that  the  documents  are  in  the  handwriting  of 
Castaneda,  that  he  saw  him  write  them,  and  that  they  were  written  under 
his  (witness')  directions,  as  he  was  much  occupied  with  official  duties. 

"  It  is  enough  to  say  with  respect  to  this  statement,  that  it  is  abundxntly 
proved  by  the  testimony  of  General  Castro,  Benito  Dias,  Luis  Arenas,  and 
Cayetano  Arenas,  that  Castaiieda  could  not  have  bjen  at  Santa  Barbara  on 
either  the  30th  June  or  2d  July,  the  days  on  which  the  documents  are 
dated. 

"  The  statement  of  Cayetano  Arenas,  the  chief  witness  for  the  claimants, 
is  wholly  incompatible  with  the  idea  that  Castaneda  could  have  been  at 
Santa  Barbara  and  written  the  grant  by  Moreno's  directions. 

"  Arenas  states  that  the  Governor  sent  the  grant  to  him  '  with  instructions 
to  retain  it  until  Castatledci  cams  from  the  upper  countrij.' 

"  It  cannot  surely  be  pretended  that  at  the  time  Castaneda  was  with  the 


200  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

Governor,  writing  out  the  grant  and  receipt,  and  delivering  the  articles  men- 
tioned iu  the  latter." 

The  testimony  of  Moreno,  therefore,  entirely  fails  to  afford  that  satisfactory 
explanation  of  the  circumstances  which  the  Court  is  entitled  to  expect.  It 
has  only  served  to  confirm  me  in  the  opinion  already  expressed  as  to  the 
merits  of  the  claim. 

Thomas  0.  Larkin,  claiming  part  of  the  Orchard  of  Santa  Clara,  Appel- 
lants, vs.  The  United  States. 

The  honi  fida  of  the  grant  produced  is  not  sufficiently  established  by  the 
evidence. 

But  if  the  grant  be  genuine,  the  claim  must  be  rejected,  on  the  groand 
that  the  Governor  had  no  power  to  grant  in  colonization,  or  sell  for  a  money 
consideration,  the  orcliards  and  like  property  of  the  missions. 

The  claim  in  this  case  is  founded  on  the  alleged  grant  to  Castaheda, 
Arenas  and  Dias,  the  merits  of  which  were  considered  in  the  case  cf  J.  W 
Redman  vs.  The  United  States. 

The  United  States,  Appellants,  vs.  Charles  Fossat,  claiming  the 
Rancho  Capitancillos. 

The  southern,  western,  and  eastern  boundaries  of  the  tract  granted  to 
Justo  Larios  declai-ed,  leaving  the  northern  boundary  to  be  determined  by 
quantit}^  The  former  opinion  (reported  at  page  184)  with  respect  to  the 
southern  boundary,  maintained. 

When  this  case  was  first  submitted  to  this  Court  on  appeal  from  the 
Board  of  Land  Commissioners,  it  was  considered  that  the  four  boundaries  of 
the  tract  were  indicated  with  reasonable  certainty  by  the  grant  and  accom- 
panying diseiio.  It  did  not  escape  the  observation  of  the  Court  that  only 
three  of  those  boundaries  were  designated  in  the  grant,  viz.,  the  southern,  the 
western,  and  the  eastern;  but  it  was  thought  that  the  description  of  the 
tract  in  the  decree  of  concession  as  the  "  Canada  de  los  Capitancillos,"  and 
the  delineation  on  the  disefio  of  the  two  ranges  of  hills  within  which  it  was 
contained,  sufliciently  indicated  the  location  of  the  noi'thern  boundary,  the 
mention  of  which  was  omitted  in  the  grant. 

The  Court  was  confirmed  in  this  view  by  the  representation  of  the  petition, 
on  the  diseTio,  that  the  tract  delineated  upon  it  was  of  the  extent  of  one  league 
a  little  more  or  less,  indicating,  as  it  seemed,  that  he  solicited  not  a  specified 
quantity,  but  a  particular  tract,  the  estimated  area  of  which  he  declared  to  the 
Governor.  When,  therefore,  the  Governor  granted  to  him  the  tract  solicited,  and 
described  it  as  "  of  the  extent  of  one  league,  a  little  more  or  less,  as  explained 
by  the  map,"  it  seemed  to  the  Court  necessary,  to  carry  into  effect  the  inten- 
tion of  the  grantor,  to  confirm  to  the  claimant  the  tract  delineated  on  the 


MEXICAN    GRANTS.  201 

niaj),  even  though,  as  anticipated  by  the  Governor,  its  extent  might  be  "  a 
little"  more  than  onu  league;  provided  such  excess  did  not  exceed  a  fraction 
of  the  usual  unit  of  measurement  in  colonization  grants,  viz.,  one  league;  ur 
in  other  words,  provided  that  tiie  quantity  over  and  above  one  league  was 
such  as  might  reasonably  be  deemed  to  have  been  asked  for  by  the  petitioner 
and  granted  by  the  Governor,  under  the  description  "a  square  league,  a 
little  more  or  less." 

The  clause  in  the  third  condition,  by  which  the  surplus  was  reserved  to 
the  nation,  usually  called  the  sohrante  clause,  was  disregarded  by  the  Court, 
that  clause  being  a  formula  generally,  and  almost  invariably  inserted  in  all 
grants,  without  reference  to  their  nature,  and  being  not  unfrequently  found 
in  grants  where  all  the  boundaries  are  distinctly  defined,  and  even  in  grants 
where  no  boundaries  are  mentioned,  but  which  are  for  tracts  of  a  specified 
lenofth  and  breadth,  where  obviouslv  no  sohrante  can  remain. 

On  the  hearing,  the  location  or  existence  of  a  northern  boundary  was  not 
brought  in  question,  but  the  discussion  chiefly,  if  not  exclusively,  turned  upon 
the  location  of  the  southern  boundary — the  right  of  the  Court  to  locate 
which  by  its  decree  was  denied  by  the  attorney  for  the  United  States.  In 
that  view,  however,  the  Court  did  not  coincide;  but  by  its  decree  it  defined 
and  located  the  southern  boundary,  and  thereby  decided  the  most  important 
if  not  the  only  point  discussed  on  the  hearing. 

The  cause  having  been  appealed  to  the  Supreme -Court,  the  views  of  this 
Court  were  in  some  particulars  found  to  be  erroneous. 

By  the  judgment  of  that  Court  it  is  decided,  not  only  that  in  the  grant 
itself  there  is  no  call  for  a  northern  boundai-y,  but  that  "  there  is  no  reference 
to  the  diseno  for  any  natural  object  or  other  descriptive  call  to  ascertain  it; 
that  the  grant  itself  furnished  no  other  criterion  for  ascertaining  it  than  the 
limitation  of  quantity  expressed  in  the  third  condition,  which  thus  becomes 
a  controlling  condition  in  the  grant."  The  mention  of  quantity  as  "a  league, 
a  little  more  or  less,"  the  Court  regards  (after  rejecting  the  words  "a  little 
more  or  less,"  as  having  no  meaning  in  a  system  of  location  and  survey  like 
that  of  the  United  States)  as  so  explicit  as  to  render  improper  any  reference 
to  the  petition  and  the  diseno,  or  any  inquiry  as  to  "  whether  the  name  Cap- 
itancillos  had  any  significance  as  connected  with  the  limits  of  the  grant." 

As  to  the  propriety  of  the  location  of  the  southern  boundary  by  this 
Court,  the  Supreme  Court  expresses  no  opinion,  but  the  grant  is  confirmed 
for  one  league  of  land,  to  be  taken  within  the  soutliern,  eastern  and  western 
boundaries  mentioned  therein,  and  the  cau.se  is  remitted  that  this  Court 
may  declare  those  boundaries  from  the  evidence  on  file  and  such  other  evi- 
dence as  may  be  produced  before  it. 

As  this  Court  had  already  declared  the  southern  and  only  disputed  boun- 
dary of  the   tract,   the  remanding  of  the   cause,  with   the  directions  above 


202  HISTORY    OF   SANTA    CLARA    COUNTY,    CALIFORNIA. 

stated,  appeared  to  this  Court  to  be  an  instruction  to  review  and  reconsider 
its  opinion  on  that  point,  and  also  to  allow  further  evidence  to  be  taken  in 
relation  to  it.  The  cause  having  been  originally  heard,  with  the  consent  of 
both  parties,  and  without  any  suggestion  that  further  evidence  was  desired 
or  obtainable,  the  application  on  the  part  of  the  United  States  for  leave  to 
take  further  testimony  was  resisted  on  the  part  of  the  claimant.  It  seemed^ 
however,  to  the  Court,  that  the  directions  of  the  Supreme  Court  clearly  con- 
templated that  such  testimony  should  be  taken,  if  offered,  and  that  the  obe- 
dience due  from  this  Court  to  the  mandate  of  its  superior  required  it  to  per- 
mit either  side  to  offer  such  further  testimony  as  might  be  desired.  Addi- 
tional testimony  has  therefore  been  taken,  and  it  now  remains  for  the  Court 
again  to  declare  the  boundaries  as  originally  declared  in  its  former  decree, 
or  differently,  if  on  reconsideration  that  decree  should  appear  to  be  errone- 
ous, or  if  the  additional  testimony  is  such  as  to  induce  it  to  change  its 
opinion. 

In  the  opinion  heretofore  delivered,  it  was  observed — "  The  evidence 
shows  that  the  tract  called  Capitancillos  is  a  valley  lying  along  an  arroyo 
or  brook.  On  the  southerly  side  extends  a  range  of  hills,  running  from 
east  to  west.  At  their  eastern  extremity,  where  they  are  intersected  by  the 
Alamitos,  these  hills  attain  considerable  elevation,  but  they  decline  in  height 
towards  the  west,  where  they  reach  and  are  turned  by  the  Arroyo  Seca. 
Behind  this  ridge  or  cuchilla  the  main  sierra  or  mountain  chain  raises  itself 
to  a  great  height,  and  is  separated  from  the  ridge  of  Lomas  Bajas,  already 
spoken  of,  by  the  two  streams  mentioned.  These  streams  rise  at  an  incon- 
siderable distance  from  each  other,  and  flowing  in  opposite  directions, 
between  the  Sierra  and  Lomas  Bajas,  they  turn  the  eastern  and  western 
extremities  of  the  latter  and  debouch  into  the  plain.  Upon  the  slopes  of  the 
ridge  of  low  hills,  as  Well  towards  the  valley  on  the  north  as  towards  the 
sti'eams  behind  it  on  the  south,  the  best  or  most  permanent  grazing  is  to  be 
found,  and  in  this  ridge  are  situated  the  valuable  quicksilver  mines,  the 
existence  of  which  gives  to  this  inquiry  its  chief  importance."  To  this 
description  it  may  be  added,  that  the  range  of  low  hills  are  not  throughout 
their  whole  length  eijtirely  detached  from  the  sierra,  but  are  connected  with 
it  at  one  point  by  a  spur  or  ridge  running  ncarl}^  at  right  angles  to  the 
general  direction  of  the  sierra  and  the  lomas.  This  ridge  is  at  its  lowest 
point  one  thousand  one  hundred  feet  above  the  level  of  the  valley.  The 
height  of  the  Almaden  Peak  at  the  eastern  extremity  of  the  lomas  is  about 
one  thousand  five  hundred  feet  above  the  level  of  the  valley,  but  the  lomas 
as  they  extend  towards  the  west  diminish  in  height,  and  are  separated  by 
various  depressions,  which  permit  easy  access  from  the  valley  on  the  north 
to  the  Arroyo  Seca  at  the  base  of  the  sierra.  The  average  width  of  the 
ridge  is  one  mile  and  four-tenths,  and  though  at  the  Almaden  Peak  the  descent 


MKxrcAN  (;rants.  208 

to  tho  valley  is  abrupt,  yet  further  to  the  west  the  diminished  height  of  the 
hills,  and  the  frequent  depressions  in  the  ridge,  permit  the  valley  to  be 
reached  at  many  points  by  easy  and  gentle  declivities. 

It  is  proper  to  add  that  after  the  proofs  were  submitted,  tiie  Judge,  at  the 
suggestion  of  the  District  Attorney,  and  accompanied  by  that  officer  and 
the  representative  of  the  claimant,  visited  the  premises  in  order  by  personal 
inspection  to  become  acquainted  with  its  topography,  and  to  be  able  more 
accurately  to  understand  and  to  appreciate  the  testimony. 

The  question,  then,  to  be  determined  is — What  is  the  southern  boundary 
designated  in  the  grant  ? 

The  grant  itself  describes  the  land  as  bounded  by  the  "Sierra;"  but  the 
question  recurs — What  is  the  natural  object  so  designated?  Is  it  the  main 
chain  to  the  south  of  the  Lomas  Bajas,  or  is  it  the  Lomas  Bajas  themselves? 
The  natural  meaning  of  the  term  "Sier^ra"  would  seem  to  point  to  a  great 
mountain  chain,  rather  than  to  a  range  of  hills  parallel  to  it  and  separated 
from  it,  except  at  one  point  where  the  two  ranges  are  connected  by  a  narrow 
ridge  or  divide. 

On  the  diseno  presented  by  Larios,  the  sierra  is  described  as  the  "  Sierra 
del  Encino."  The  very  remarkable  oak  tree  from  which  this  name  was  evi- 
dently derived  is  situated  on  the  main  chain  of  mountains,  and  is  a  conspic- 
uous object  from  all  parts  of  the  valley.  The  "Sierra"  mentioned  in  the 
grant  is  that  on  which  this  tree  is  situated,  as  distinguished  from  the 
Lomas  Bajas  or  lower  ridge  to  the  north*of  it.  Or  did  he  intend  to  include 
within  it  both    ranges.'^ 

On  the  part  of  the  claimant,  numerous  witnesses  testify  that  the  part  of 
the  Sierra  Azul  on  which  the  oak  tree  is  situated,  is  called  Sierra  del 
Encino,  but  that  the  low  range  of  hills  on  the  south  of  it,  and  separated  from 
it  by  the  creeks,  was  never  known  as  the  sierra..  That  they  were,  until  the 
discovery  of  the  mine,  called  Lomas  Bajas,  and  subsequently  "  Las  Lomas 
de  Mina  de  Luis  Chaboya,"  or  "  Cuchilla  de  la  Mina  de  Chaboya."  They 
describe  the  rangfe  known  as  the  "  Sierra"  as  rising  from  the  streams,  and 
the  latter  as  runniiicf  between  the  sierra  and  the  ridge  known  as  the 
Cuchilla  de  la  Mina. 

No  less  than  nine  witnesses,  many  of  whom  have  lived  in  the  neighborhood 
from  twenty  to  forty  years,  testify  to  these  facts,  and  to  their  testimony  may 
be  added  that  afforded  by  the  diseno  of  Berreyessa,  who  at  the  time  he  pre- 
sented it  had  been  established  in  the  crtriadn  ahont  nine  years.  On  this  map 
the  two  ranges  of  hills  a,ve  distinctly  delineated  separated  by  a  broad  valley — 
far  broader  than  the  ravine  actually  existing.  The  lower  range  is  inscribed 
"Lomas  Bajas"  while  the  upper  is  marked  "  Sierra  Azul ;"  thus  indicating 
that  in  1842  and  at  the  time  when  the  petitions  of  both  Larios  and  Ber- 
reyessa were  before  the   Governor,  and   before  the  question   had  any  im- 


204  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

portance,  a  marked  discrimination  was  made  even  in  the  rude  diseno 
presented  by  the  applicant  between  the  ridge  of  Lomas  Bajas  and  the  sierra 
behind  it. 

Since  the  case  has  been  remanded,  the  testimony  of  three  witnesses,  on  this 
point,  has  been  taken  by  the  United  States. 

Antonio  Suiiol  testifies  that  he  never  heard  of  the  Sierra  del  Encino,  nor  of 
any  range  of  hills  called  the  "  Cuchilla  de  la  Mina  de  Luis  Chaboya."  That 
the  mouth  of  the  mine  is  in  the  "  Sierra  Azul."  On  his  cross-examination  he 
states  that  the  ridge  has  been  called  "  Lomas"  or  "  Lomas  Muertas  de  la 
Sierra  Azul,"  and  that  after  the  mine  was  discovered  "  we  always  said  the 
mine  of  Chaboya  which  is  in  the  Sierra  Azul." 

Jose  Maria  Amador  testifies  that  he  does  not  know  the  "  Sierra  del  En- 
cino," nor  "  La  Cuchilla  de  la  Mina  de  Luis  Chaboya."  That  the  mine  is 
situated  on  the  "  Lomas  Bajas  de  la  Sierra  Azul."  "  It  is  in  the  Sierra  Azul 
itself.  The  Sierra  descends  regularly ;  there  is  no  breach  nor  separation  in 
it.  The  mine  is  in  a  low  loma.  It  is  all  known  as  the  Sierra  Azul.  from 
the  foot  to  the  top  of  it." 

Jose  Romero  testifies  that  he  does  not  know  the  Sierra  del  Encino,  nor  the 
Cuchilla  de  la  Mina  de  Luis  Chaboya.  That  the  name  of  the  mountain  on 
which  the  mine  is  situated  is  the  '"Sierra  Azul." 

On  his  cross-examination,  in  reply  to  an  inquiry  as  to  the  name  of  the 
creek  "  which  passes  between  the  Qaadalupe  TYiine  and  the  Sierra,"  he 
states  its  name  to  be  the  "  El  Arroyito  del  Corral  del  def unto  Rafael." 
That  he  knows  the  loma  where  the  Guadalupe  mine  is  situated,  and  the 
sierra  in  which  it  is.     That  l<mia  and  sierra,  mean  the  same  thing  with  us." 

It  is  unnecessary  to  comment  on  the  testimony  of  these  witnesses,  for  the 
preponderance  of  evidence  is  clearly  against  the  accuracy  of  their  statements 
or  their  recollection. 

If  then  we  were  to  fix  the  southern  boundary  of  this  tract  by  calls  of  the 
grant  alone,  the  evidence  would  leave  no  room  for  doubt  that  the  grantor 
meant  by  the  term  "  Sierra,"  in  the  grant,  the  lofty  chain  of  mountains  on 
which  the  oak  tree  is  situated,  and  which  being  for  the  most  part  covered 
with  chemisal,  presents  an  azure  hue  at  a  distance;  rather  than  the  lower 
and  parallel  ridge,  known  as  the  Lomas  Bajas  or  Cuchilla  de  la  Mina,  and 
which  is  for  the  most  part  covered  with  wild  oats  and  suitable  for  grazing. 

But  the  great  difficulty  in  the  case  is  presented  by  the  diseiio  which 
accompanies  the  expediente  of  Justo  Larios.  On  this  diseno  a  single  range 
of  hills,  inscribed  "  Sierra  del  Encino,"  is  rudely  delineated ;  from  this  range 
the  two  creeks  are  represented  as  debouching  into  the  plain.  If  this  sierra 
be  the  main  Sierra,  the  Lomas  Bajas  ai-e  entirely  omitted  on  the  sketch.  I 
have  been  much  impressed  with  the  very  able  and  elaborate  argument  on 
this  point  submitted  by  the  counsel  who  appeared  for  the   United  States,  as 


MEXICAN    GRANTS.  205 

also  by  the  testimony  of  many  surveyors  that,  guided  by  this  map  alone, 
and  crossing  the  valley  in  a  southerly  direction,  they  would  stop  or  fix  the 
southern  limit  of  the  tract  at  the  foot  of  the  first  hills  which  rise  from  the 
valley — that  is  at  the  foot  of  the  "  Lomas  Bajas." 

It  is  urged  that  the  southern  botindary,  as  shown  by  this  diseno,  is  a  line 
drawn  at  the  foot  of  the  range  inscribed  "  Sierra  del  Encino,"  and  from  one 
creek  to  the  other,  and  not  along  the  course  of  either.  That  if  the  range 
delineated  was  intended  to  represent  the  main  sierra,  the  arroijos,  and 
especially  the  Seca,  would  have  been  represented  as  running  below  or  to  the 
north  of  it,  and  not  debouching  from  it;  and  that  the  Lomas  Bajas  would 
not  have  been  omitted. 

It  may  perhaps  be  admitted,  that  if  we  were  to  be  guided  by  the  diseno 
alone,  it  would  not  be  easy  to  avoid  the  conclusion  so  earnestly  and 
ingeniously  pressed  upon  the  Court  in  the  brief  submitted  by  the  United 
States.  The  indications,  however,  afforded  by  the  diseno,  are  not  free  from 
all  ambiguity.  On  that  sketch  the  two  streams  are  represented  as  debouch- 
ing from  the  hills,  at  points  .situated  on  a  line  nearly  horizontal.  The 
map  of  Lewis,  exhibited  on  the  part  of  the  United  States,  shows  that  the 
Arroyo  de  los  Alamitos,  called  on  the  Larios  diseno  Arroyo  de  los  Capitan- 
cillos,  issues  from  the  foot-hills,  or  Lomas  Bajas,  at  a  point  considerably  to 
the  north  of  that  where  the  Arroyo  Seca  turns  the  western  extremity  of 
those  hills  and  debouches  into  the  plain.  If  a  line  then  be  drawn  from  the 
point  where  the  Alamitos  debouches,  to  that  where  the  Seca  turns  the  lovias, 
it  would  depart  considerably  from  a  horizontal  line. 

Again:  The  space  inclosed  between  the  creeks  and  the  sierra  is  repre- 
sented on  the  Larios  diseno  as  not  quite  twice  as  long  as  it  is    bread. 

But  if  the  sierrxc  on  the  diseiio  be  taken  to  mean  the  Lomas  Bajas,  the  map 
of  Lewis  shows  that  the  tract  between  the  Alamitos  and  the  Seca  on  the 
east  and  west,  and  the  Capitancillos  and  the  foot  of  the  lomas  on  the  north 
and  south,  is  about  four  times  as  loncj  as  it  is  broad. 

Again:  The  Arroyo  delos  Capitancillos  is  represented  on  the  Larios (:?i.se/?,o 
as  running  towards  the  south-east  diagonally  across  the  valley,  and  then 
turning  towards  the  south  and  running  in  a  southerly  direction  perpendicu- 
larly to  the  valley,  and  nearly  parallel  to  the  Arro3"0  Seca  for  a  considerable 
distance,  until  it  reaches  the  sierra.  But  if  the  sierra  which  it  reaches  was 
intended  to  be  the  Lomas  Bajas,  it  should  be  drawn  as  meeting  them  while 
running  in  a  south-easterly  or  diagonal  course.  No  part  of  its  southerly  or 
perpendicular  course  should  be  represented.  The  map  of  Lewis  .shows  that 
the  course  of  the  stream  from  a  point  above  or  near  the  hacienda  is  deline- 
ated on  the  Larios  diseno  with  tolerably  accurac}',  and  that  from  that  point 
it  flows  in  a  northerly  direction  perpendicularly  to  the  valley  for  a  consider- 
able distance,  and  it  is  only  after  turning  and  leaving  the  Lomas  Bajas  that 


206  HISTORY   OF    SANTA   CLARA   COUNTY,   CALIFORNIA. 

it  takes  a  directiou  diagonally  across  the  valley.  If,  then,  the  red  line 
drawn  on  Lewis'  map  as  the  southern  boundary  of  that  tract  wei'e  drawn 
on  the  Larios  diseiio  to  the  corresponding  point  of  the  Capitancillos,  it  would 
strike  the  latter  not  far  from  the  letter  "  A,"  on  that  diserio,  and  that  por- 
tion of  the  stream  flowing  in  a  north  and  south  direction  would  be  excluded. 

Again:  By  looking  on  Lewis'  map  it  will  be  seem  that  the  Arroyo  Seca, 
after  running  in  a  westerly  direction  along  the  base  of  the  main  sierra,  and 
between  it  and  the  lomas,  on  reaching  the  end  of  the  latter  makes  a  sudden 
bend  to  the  north  and  debouches  into  the  valley  at  a  point  very  near  the 
base  of  the  sierra;  in  other  words,  that  at  this  point  the  flat  or  valley  land 
extends  nearly  up  to  the  base  of  the  main  sierra.  If,  then,  a  line  be  drawn 
from  this  point  to  the  most  southerly  point  of  the  Arroyo  de  los  Alamitos  or 
Capitancillos  on  the  diseiio  of  "Larios,  it  would  nearly  coincide  with  the  base 
of  the  sierra  as  contended  for  by  the  claimant;  and  would  moreover  be 
almost  a  straight  line,  and  in  this  respect  correspond  with  the  indications  of 
the  diseho  better  than  the  very  sinuous  and  irregular  line  which  is  found 
by  following  the  base  of  the  foot-hills  which  project  into  the  valley.  For  it 
is  to  be  observed  that  neither  of  the  lines  run  by  Lewis  as  the  southern 
boundary  of  the  tract  follows  what  is  claimed  to  be  the  boundary  indicated 
by  the  diseiio,  viz.,  the  base  of  the  lomas;  but  run  upon  the  sides  of  and  over 
those  hills  at  a  considerable  and  apparently  arbitrary  distance  from  their 
base. 

The  slightest  comparison  between  the  disefio  of  Larios  and  the  map  of  the 
country  shows  the  former  to  be  in  many  other  respects  incorrect  and  defect- 
ive. The  angle  of  the  creeks  at  which  the  eastern  boundary  commences  is 
not  laid  down,  and  the  lomita  which  is  also  called  for  in  the  description  of 
that  line  does  not  appear.  It  is,  therefore,  no  very  extravagant  supposition 
that  the  Lomas  Bajas  were  also  omitted,  particularly  when  the  circumstances 
under  which  the  diseno  was  drawn,  as  detailed  by  Petronillo  Rios,  are 
considered. 

The  foregoing  observations,  I  think,  warrant  me  in  saying  that  the  diseno 
of  Larios  does  not  afford  those  clear,  certain,  and  unmistakable  indications  of 
the  location  of  the  .southern  boundary  contended  for  by  the  counsel  of  the 
United  States. 

But  in  determining  this  question  we  arc  not  at  liberty  to  confine  our 
attention  to  the  Larios  diseuo  alone. 

The  record  shows  that  Justo  Larios  and  Berreyessa  had  occupied  different 
portions  of  the  Caiiada  de  los  Capitancillos  for  many  3'ears  before  the  date  of 
their  applications  to  the  Governor  for  their  respective  grants.  Between  them 
a  dispute  as  to  their  boundaries  had  arisen.  Before  the  grant  to  either  was 
issued,  they  appeared  before  Josd  Z.  Fernandez  and  agreed  upon  the  line 
which  should  form  their  common  boundarv. 


MEXICAN    GRANTS.  207 

The  description  of  this  line,  as  given  in  the  report  of  Fernandez,  was 
inserted  in  both  grants,  and  the  line  was  marked  by  that  officer  on  the 
ilhseno  of  Berrcyessa  "as  being  the  more  exact."  In  the  grant  to  Larios  the 
eastern  boundary  is  described  as  the  rancho  of  citizen  Berreyessa,  "which  has 
for  boundary  the  angle,"  etc.,  and  in  the  grant  to  Berreyessa  his  western 
boundary  is  in  like  manner  described  as  "  the  rancho  of  citizen  Justo  Larios, 
which  has  for  its  boundaiy^  the  angle,"  etc.  The  eastern  boundary  of  Justo 
Larios  is  thus  indirectly  described  in  his  own  grant,  but  directly  in  that  of 
Berreyessa:  while  the  western  bjundar}^  of  the  latter  is  in  like  manner  indi- 
rectly in  his  own  grant,  but  directly  in  that  of  Larios.  At  the  tim-i  of  mak- 
ing the  grant  the  Governor  had  probably  before  him  both  disenos,  but  cer- 
tainly that  of  Berieyessa,  on  which  the  boundary  line  described  by  him  in 
lx)th  ijrants  had  been  marked  bv  Fernandez  for  his  information.  In  deter- 
mining,  therefore,  the  boundaries  of  Justo  Larios,  it  seems  to  me  not  only 
proper  but  necessary  to  recur  to  the  grant  to  Berreyessa,  where  alone  the 
boundary  of  Justo  Larios  is  described  as  such,  and  to  the  diseiio  of  Berreyessa, 
upon  which  it  was  marked  "as  being  more  exact." 

The  Governor  did  not  grant  to  Justo  Larios  the  tract  delineated  on  his 
diseno,  viz.,  the  land  between  the  Arroyo  Seca  and  that  of  Capitancillos,  or 
a  line  to  the  east  of  the  latter.  He  granted  the  land  between  the  Arroyo 
Seca  and  a  line  drawn  from  the  angle  of  the  creeks,  passing  by  the  eastern 
"  falda  "  of  the  "  lomita  in  the  center  of  the  Canada  to  the  sierra;"  and  this 
line  was  marked  on  the  Berreyessa  diseno,  and  at  a  considerable  distance  to 
the  west  of  the  Capitancillos  or  Alamitos. 

In  declarinn;  this  boundarv,  therefore,  which  was  different  from  that  solic- 
ited  by  Larios  and  indicated  on  his  diseiio,  we  are  compelled  to  resort  to  the 
diseno  of  Berreyessa,  which  becomes  quoad  hoc  the  diseno  to  which  the 
grant  refers.  On  the  Berreyessa  diseno  the  two  ranges  of  hills  are  rudely 
but  unmistakably  delineated.  The  first  or  most  northern  is  inscribed 
•' Lomas  Bajas,"  while  the  higher  ridge  to  the  south  is  inscribed  "Sierra 
Azul."  The  valley  represented  as  lying  between  them,  though  its  width  is 
grossly  exaggerated,  j'^et  serves  to  indicate  by  that  very  exaggeration  the 
discrimination  in  the  grantor's  mind  between  the  Sierra  and  the  Lomas 
Bajas. 

The  dotted  line  commencing  at  the  angle  of  the  creeks  is  produced  across 
the  lomas  bajas,  across  the  intermediate  valley,  and  the  Alamitos  repre- 
sented as  flowinof  throufjh  it  to  the  base  of  the  main  sierra. 

If  this  line  be  the  eastern  boundary  of  Justo  Larios,  as  I  think  it  must  be 
considered,  there  can  be  no  doubt  as  to  the  range  of  mountains  intended  by 
the  term  "  Sierra  "  in  his  grant. 

It  is  urged  that  Berreyessa  had  applied  not  only  for  the  Canada  do  los 
Capitancillos,  but  for  all  the  hills  which  pertain  to  it;  whereas  Justo  Larios 


208  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

petitioned  for  a  part  of  the  caiiada  alone.  That  therefore  in  the  grant  to 
Berreyessa,  and  on  his  diseno,  the  line  was  extented  so  as  to  include  the 
low  hills  solicited,  but  that  such  an  extension  ought  not  to  be  made  in  favor 
of  Larios,  who  solicited  the  canada  alone. 

This  argument  assumes  that  the  term  canada  as  used  in  these  grants  does 
not  include  the  low  hills  at  the  foot  of  the  sierra,  but  that  it  is  bounded  and 
limited  by  them.  But  the  language  of  the  petition  of  Berreyessa  referred 
to  seems  to  convey  the  contrary  idea,  for  it  speaks  of  the  low  hills  "which 
belong  or  pertain  to  the  said  cailcida."  He  (.loes  not  ask  for  the  canada  and 
also  a  portion  of  the  sierra,  but  for  the  canada  and  the  low  hills  pertaining 
to  it.  It  is  surely  not  reasonable  to  say  that  he  considered  and  asked  for 
the  low  hills  as  not  belonging  to  or  a  part  of  the  canada  he  solicited. 

Again:  The  Governor,  who  with  respect  to  Berreyessa,  it  is  admitted, 
intended  to  grant  th^  low  hills,  describes  the  tract  granted  to  him  "  as  a  part 
of  the  place  known  as  the  Canada  de  los  Capitancillos,"  thus  showing  that 
in  his  apprehension  at  least,  the  place  known  as  the  Canada  de  los  Capitan- 
cillos did  include  the  low  hills  solicited.  In  the  grant  to  Larios  it  is  described 
as  the  "place  known  by  the  name  of  Capitancillos" — the  word  canada 
being  omitted  in  the  grant  though  it  is  inserted  in  the  decree  of  concession. 

Again:  The  Governor,  confessedly  intending  to  include  within  the  grant 
to  Berreyessa  the  lomas  or  low  hills,  bounds  his  grant  by  the  sierra.  With 
both  petitions  and  both  disenos  before  him,  and  with  his  attention  directed 
to  the  discrimination  between  the  sierra  and  the  low  hills  belonging  to  the 
Canada,  he  nevertheless  uses  the  same  term  sierra  in  describing  the  bound- 
ary of  Larios.  Can  we  infer  that  in  the  grant  to  Berreyessa  he  meant  by 
this  term  one  natural  object,  and  in  that  to  Larios  another?  I  think  not. 
The  sierra  referred  to  in  both  grants  must  be  the  same,  and  as  that  intended 
in  the  Berreyessa  grant  is  unmistakable,  we  are  enabled  to  fix  with 
corresponding  certainty  the  sierra    referred  to  in  the  grant  to  Justo  Larios. 

I  have  cfiven  to  this  case  much  attention.  I  have  endeavored  to  decide  it 
uninfluenced  by  the  previous  opinion  of  this  Court.  Upon  the  best  consid- 
eration I  have  been  able  to  give  to  the  questions  involved,  I  have  not  been 
able  to  discover  that  that  opinion  was  erroneous. 

The  remaining  point  to  be  considered  is  as  to  the  form  of  the  decree. 

In  the  opinion  of  the  Supreme  Court,  (20  How.,  42G)  it  is  said:  "The 
southern,  western  and  eastern  boundaries  of  the  land  granted  to  Larios  are 
well  defined,  and  the  objects  exist  by  which  tho.se  limits  can  be  ascertained. 
There  is  no  call  in  the  grant  for  a  northern  boundary,  nor  is  there  any  refer- 
ence to  the  diseno  for  any  natural  object,  or  other  descriptive  call  to  ascer- 
tain it.  The  grant  itself  furnishes  no  other  criterion  for  determining  that 
boundary  than  the  limitation  as  expressed  in  the  third  condition.  *  *  If  the 
limitation  of    quantity  had  not  been  so  explicitly  declared,  it  might  have 


i 


/*5  ■ 


/ 


/Oc/. 


MEXICAN    GRANTS.  •  209 

been  proper  to  have  referred  to  the  petition  and  dlseuo,  or  to  have  inquired 
if  the  name  Capitancillos  had  any  significance  as  connected  with  the  limits  of 
the  tract,  in  order  to  give  effect  to  the  grant.  But  there  is  no  necessity  for 
additional  inquiries.  The  grant  is  not  atfecteil  l»y  any  ambiguity.  *  *  The 
grant  to  Larios  is  for  one  league  of  land,  to  be  taken  within  the  southern, 
eastern  and  western  boundaries  designated  therein,  and  which  is  to  be  located 
at  the  election  of  the  grantee  or  his  assigns,  under  the  restrictions  established 
for  the  survey  and  location  of  private  land  claims  in  California  by  the  Exec- 
utive Department  of  this  Government." 

The  District  Court  is  tliere  directed  to  declare  the  external  boundaries 
desio^nated  in  the  grant. 

From  the  foregoing  it  is,  I  think,  evident  that  the  Supreme  Court  consid- 
ered the  southern,  western,  and  eastern  boundaries  were  alone  designated  in 
the  grant,  and  that  as  the  limitation  of  quantity  was  explicit,  and  there  was 
no  ambiguity  in  the  grant,  the  northern  boundary  was  to  be  determined  by 
quantity  alone ;  and  that  it  was  "  not  authorized  to  depart  from  the  grant 
to  obtain  evidence  to  contradict,  vary,  or  limit  its  import." 

When,  therefore,  this  Court  has,  pursuant  to  the  directions  of  the  Supreme 
Court,  declared  those  three  external  boundaries,  it  has  declared  "the  south- 
ern, western,  and  eastern  boundaries  of  the  land  granted  to  Larios,"  and  the 
remaining  boundary  is  to  be  ascertained  by  quantity. 

It  is  urged  on  the  part  of  the  United  States  that  the  league  is  to  be  taken 
within  the  three  boundaries  named,  but  it  is  not  of  necessity  bounded  by  them; 
that  its  location  wnthin  them  is  to  be  subject  to  the  restrictions  established  by 
the  executive;  and  that  the  northern  boundary  of  the  league  is  to  be  deter- 
mined by  the  northern  boundary  of  the  tract  within  which  it  is  to  be  located. 

The  Supreme  Court  undoubtedly  says  that  the  league  is  to  be  located  luithin 
the  three  boundaries  mentioned.  But  a  reference  to  the  preceding  part  of 
the  opinion  dispels  any  doubt  which  might  be  suggested  by  this  expression. 

It  is  said  unequivocally,  that  the  southern,  western,  and  eastern  bounda- 
ries of  the  land  granted  to  Larios — not  of  the  tract  within  which  the  league 
granted  to  him  is  to  be  taken — are  well  defined,  and  the  Supreme  Court 
explicitly  declares  that  the  northern  boundary  is  to  be  determined  b}'  limit- 
ation of  quantity  alone.  "  The  grant  itself  furnishes  no  other  evidence  for 
determining  that  houndary  than  the  limitation  of  quantity  as  expressed  in  the 
third  condition.  This  is  a  controlling  condition  in  the  grant;"  and  they  add 
that  no  additional  inquiries  to  ascertain  that  boundary  (the  grant  being  free 
from  ambiguity)  are  necessary  or  authorized  by  law. 

It  seems  to  me  that  the  import  of  this  language  is  unmistakable,  and  the 

land  ofranted  to  Larios  must  be  decreed  bv  this  Court  to  be  but  one  lea^rue  of 

land,  bounded  by  three  external  boundaries  mentioned  in  the  grant,  as  the 

same  are  ascertained  and  declared  in  this  opinion.     The  fourth  or  northern 

14 


210  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

boundary  to  be  ascertained  by  quantity,  and  to  be  run  at  the  election  of  the 
grantee  or  his  assigns,  under  the  restrictions  established  for  the  location  and 
survey  of  private  land  claims  in  California,  by  the  Executive  Department 
of  the  United  States. 

The  following  is  a  list  of  land  claims  connected  with  Santa  Clara  county 
presented  to  the  Commission,  pursuant  to  the  provisions  of  the  Act  of  Con- 
gress of  March  3,  1851,  entitled,  "An  Act  to  ascertain  and  settle  the  Private 
Land  Claims  in  the  State  of  California:" — 

Bernard  Murphy,  claimant  for  Las  Uvas,  three  square  leagues,  granted 
June  14,  1842,  by  Juan  B.  Alvarado  to  Lorenzo  Pineda;  claim  filed  January 
22,  1852,  confirmed  by  the  Commission  September  19,  1854,  and  by  the  Dis- 
trict Court  January  14,  ISoG;  containing  11,079.93  aci'es. 

Robert  F.  Stockton,^claimant  for  Potrero  de  Santa  Clara,  one  square  league, 
granted  February  :29,  1844,  by  Manuel  Micheltorena  to  James  Alexander 
Forbes;  claim  filed  January  24,  1852,  confirmed  by  the  Commission  Novem- 
ber 15, 1853,  and  liy  the  District  Court  October  29, 1855;  containing  1,939.03 
acres. 

Juan  Miguel  Anzar  and  Manuel  Larios,  claimants  for  Santa  Ana,  one 
square  league,  and  Quien  Sabe,  six  square  leagues,  granted  April  9, 1839,  by 
Juan  B.  Alvarado  to  Manuel  Larios  and  Juan  Anzar ;  claim  filed  February 
6,  1852,  confirmed  by  the  Commission  November  7,  1854,  by  the  District 
Court  December  11,1856,  and  appeal  dismissed  June  4,  1857;  48,822.60  aci'es. 
Patented. 

Daniel  and  Bernard  Murphy  and  James  and  Martin  Murphy,  claimants 
for  San  Francisco  de  Las  Llagas,  six  square  leagues,  granted  February  3, 
1834,  by  Jose  Figueroa  to  Carlos  Castro;  claim  filed  February'  9,  1852,  con- 
firmed by  the  Commission  August  22,  1854,  by  the  District  Court  October 
22,  1855,  and  appeal  dismissed  November  24,  1856 ;  containing  22,979.66 
acres. 

Maximo  Martinez,  claimant  for  El  Corte  de  Madera,  two  square  leagues, 
granted  May  1,  1844,  by  Manuel  Micheltorena  to  Maximo  Martinez;  claim 
filed  February  12,  1852,  confirmed  by  the  Commission  February  28,  1853, 
by  the  District  Court  September  10, 1855;  and  appeal  dismissed  April  2, 1857; 
containing  13,316.05  acres.     Patented. 

Bernard  Murphy,  claimant  for  La  Polka,  one  square  league,  granted  Jan- 
uary 19,  1833,  by  Jose  Figueroa  to  Ysabel  Ortega;  claim  filed  February  17, 
1852,  confirmed  by  the  Commission  August  15,  1854,  by  the  District  Court 
January  14,  1856,  and  appeal  dismis.sed  January  18,  1856;  containing 
4,166.78  acres. 

Antonio  and  Faustin  German,  claimants  for  Juristac,  one  square  league^ 
granted  October  22,  1835,  to  A.  and  F.  German ;    claim  filed   February  21, 


MEXICAN    GRANTS.  211 

lbio'2,  conliniu,.!  by  the  Commission  December  18,  1852,  by  the  District 
Court  June  7, 1855,  and  appeal  dismissed  April  28,  1857;  containing  4,482.41 
acres. 

Julian  and  Fernando,  sons  of  Santos,  a  neophyte,  claimants  for  Rincon  del 
Alisal,  600  varas,  granted  December  28,  1844,  by  Jos^  Maria  del  Ray  (priest) 
to  Santos  and  Sons;  claim  filed  February  27,  1852,  rejected  by  the  Com- 
mission November  21,  1854,  and  for  failure  of  prosecution  appeal  dismissed 
by  the  District  Court  April  21,  185G. 

Jose  de  Jesus  Vallejo,  claimant  for  Arroyo  del  Alameda,  1000  varas  square, 
granted  December  80,  1840,  by  Manuel  Jimeno  to  J.  de  Jesus  Vallejo;  claim 
filed  March  2,  1852,  and  rejected  by  the  Commission  October  18,  1853. 

Martin  Murphy,  claimant  for  Pastoria  de  las  Borregas,  3,207  J  acres,  granted 
January  15,  1842,  by  Juan  B.  Alvarado  to  Francisco  Estrada;  claim  filed 
March  3,  1852,  confirmed  by  the  Commission  January  24,  1854,  by  the  Dis- 
trict Court  October  17,  1850,  and  appeal  dismissed  November  18,  1856; 
containing  4,894.35  acres. 

Antonio  Chaboya,  claimant  for  Yerba  Buena  or  Socayre,  granted  Novem- 
ber 5,  1833,  by  Jose  Figueroa  to  A.  Chaboya;  claim  filed  March  8,  1852, 
confirmed  by  the  Commission  October  17,  1854,  by  the  District  Court  Jan- 
uary 21,  1858,  and  appeal  dismi.s.sed  October  8,  1858;  containing  24,342.64 
acres.     Patented. 

Bernard  Murphy,  claiming  for  Ojode  Agua  de  la  Coche,  two  square  leao-ues, 
granted  August  4,  1835,  by  Jose  Figueroa  to  Juan  Maria  Hernandez;  claim 
filed  March  9, 1852,  confirmed  by  the  Commission  February  21,  1853,  by  the 
District  Court  January  18,  1856,  and  appeal  dismissed  November  18,  1856; 
containing  8,927.10  acres. 

Jacob  D.  Hoppe,  claimant  for  Ulistac,  one-half  square  league,  granted 
May  19,  1845,  by  Pio  Pico  to  Marcelo  Pio  and  Cristoval;  claim'filed" March 
19.  1852,  confirmed  by  the  Commission  May  8,  1855,  by  the  District  Court 
March  2,  1857,  and  appeal  dismissed  April  IG,  1857;  containing  2,401.32 
acres. 

Quintin  Ortega,  et  al,  claimants  for  San  Isidro,  one  square  league,  granted 
June  3,  1833,  by  Jose  Figueroa  to  Quintin  Ortega,  et  al;  claim^'filed'^March 

23,  1852,   confirmed  by  the  Commission  September  19,    1854,  and  by  the 
District  Court  June  3,  1856;  containing  4,438.70  acres. 

Juana  Briones,  claimant  for  La  Purisima  Concepcion,  one  square  league 
granted  June  30   1840,  by  Juan  B  Alvarado  to  Josd  Gorgonio  and  Jose- 
Ramon;  claim  filed  March  23,  1852,  confirmed  by  the  Conunission  April  11 
1854,  by  the  District  Court  April  17,  1856,  and  appeal  dismissed  December 

24,  1856;  containing  4,436.74  acres. 

Robert  Walkinshaw,  claimant  for  Posolomi,  including  El  Posito  de  las 


212  HISTOKY    OF    SANTA    CLAEA    COUNTY,    CALIFOENIA. 

Animas,  3  042  acres,  granted  February  14,  1844,  by  Juan  B.  Alvarado  and 
Manuel  Micheltorena  to  Lope  Inigo;  claim  filed  March  23,  1852,  confirmed 
by  the  Commission  November  20,  1855,  and  appeal  dismissed  February  16, 
1857;  containing  3,  391.90  acres. 

Jos^  Maria  Alviso,  claimant  for  Milpitas,  one  square  league,  granted  Sep- 
tember 93  1835,  by  Jose  Castro  to  J.  M.  Alviso;  claim  filed  March  30, 1852, 
confirmed  by  the  Commission  March  14,  1853,  by  the  District  Court  March 
3,  185G,  and  appeal  dismissed  December  5,  185(5;  containing  4,807  acres. 

'  Antonia  Hicruera,  et  al,  heirs  of  Jose  Higuera,  claimants  for  Los  Tularcitos, 
decided  by  boundaries,  in  Santa  Clara  and  Alameda  counties,  granted 
October  4, 1821,  by  P.  V.  de  Sola  to  Jose  Higuera;  claim  filed  April  1, 1852, 
confirmed  by  the  Commission  November  28,  1854,  and  appeal  dismissed 
December  12,  1856:  containing  4,394.35  acres. 

Antonia  Higuera,  et  al,  claimants  for  Llano  del  Abrevadero,  described  by 
boundaries,  granted  January  1,  1822,  by  P.  V.  de  Sola  to  Jose  Higuera; 
claim  filed  April  1, 1852,  rejected  by  the  Commission  December  19, 18o4,  and 
appeal  dismissed  for  failure  of  prosecution  April  21,  1S5G. 

Jose  Maria  Sanchez,  claimant  for  Las  Animas  or  Sitio  de  la  Brea,  granted 
Auoust  17,  1802,  by  Marquinas  to  Mariano  Castro,  and  August  7,  1835,  by 
Jose'  Fio-ueroa  to  Josefa  Eomero,  widow  of  M.  Castro;  claim  filed  April  5, 
1852.  confirmed  by  the  Commission  February  14,  1854,  by  the  District 
Court  May  17,  1856,  and  appeal  dismissed  January  26,  1857;  containing  24,- 
066.24  acres. 

Antonio  Suiiol,  et  al,  claimants  for  part  of  Los  Coches,  one-half  square 
leaaue  -ranted  March  12,  1844,  by  Manuel  Micheltorena  to  Roberto;  claim 
filed  April  6,  1852,  confirmed  by  the  Commission  March  20,  ISoo,  by  the 
District  Court  April  1,  1856,  and  appeal  dismissed  December  24,  1856;  con 
taining  2,219.34  acres.     Patented. 

Valentin  Cota,  et  al,  claimants  for  Rio  de  Santa  Clara,  granted  May  22, 
1837  by  Juan  B  Alvarado  to  Valentui  Cota,  et  al;  claim  filed  May  10, 1852, 
rejected  by  the  Commission  October  31,  1854,  and  confirmed  by  the  District 
Court  June  4,  a857. 

Maria  Antonia  Mesa,  widow  of  Rafael  Soto,  claimant  for  Rinconada  del 
Arroyo  de  San  Francisquito,  one-half  square  league,  granted  February  16, 
1841  by  Juan  B.  Alvarado  to  M.  A.  Mesa;  claim  filed  May  25, 1852,  rejected 
by  the  Commission  March  21,  1854,  confirmed  by  the  District  Court 
November  26,  1855,  and  appeal  dismissed  April  16, 3  857;  containing  2,229.84 

acres. 

Liberata  Ceseiia  Bull,  et  al,  heirs  of  William  Fisher,  claimants  for  La 
Laguna  Seca,  4  square  leagues,  granted  July  23,  1834,  by  Jose  Figueroa  to 
Juan  Alvirez;  claim  filed  May  27,  1852,  confirmed  by  the  Commission  Sep- 


.   MEXICAN    GRANTS.  213 

tember  26,  1853,  by  the  District  Court  July  17,  1855,  and  appeal  dismissed 
January  14,  1857;  containing  19,972.92  acres. 

Mariano  Castro,  claimant  for  Rancho  del  Refugio  or  Pastoria  de  las  Borregas, 
2  square  leagues,  granted  June  15,  1842,  by  Juan  B.  Alvarado  to  Francisco 
Estrada ;  claim  tiled  May  31,  1852,  comtirmed  by  the  Commission  January 
23,  1854,  by  the  District  Court  November  23,  1859,  and  by  the  U.  S. 
Supreme  Court. 

Encarnacion  Mesa,  et  al.,  claimants  for  San  Antonio,  one  square  league, 
granted  March  24,  1839,  by  Juan  B.  Alvarado  to  Prado  Mesa;  claim  filed 
June  11,  1852,  confirmed  by  the  Commission  January  30,  1855,  by  the  Dis- 
trict Court  March  10,  1856,  and  appeal  dismissed  March  13,  1857;  contain- 
ing 898.41  acres. 

Francisco  Berreyessa,  et  al.,  heirs  of  G.  Berreyessa.  claimants  for  part  of  the 
Rincon  de  ios  Esteros,  described  by  boundaries,  granted  February  10,  1838, 
by  Juan  B.  Alvarado  to  Ygnacio  Alviso ;  claim  filed  June  28, 1852,  confirmed 
by  the  Commission  December  26,  1854,  by  the  District  Court  December  28, 
1857,  and  appeal  dismissed  February  18,  1858. 

Rafael  Alviso,  et  al.,  claimants  for  part  of  the  Rincon  de  Ios  Esteros, 
described  by  boundaries,  granted  February  10,  1838,  by  Juan  B.  Alvarado 
to  Ygnacio  Alviso;  claim  filed  June  28,  1852,  confirmed  by  the  Commission 
December  26,  1854,  by  the  District  Court  December  24,  1857,  and  appeal 
dismissed  February  20,  1858;  containing  2,200.19  acres. 

John  Roland  and  J.  L.  Hornsby,  claimants  for  Los  Huecos,  nine  square 
leagues,  granted  May  6,  1846,  by  Pio  Pico  to  Luis  Arenas  and  John  Roland; 
claim  filed  July  6,  1852,  and  rejected  by  the  Commission  November  7, 1854. 

The  Mayor  and  Common  Council  of  San  Jose',  claimants  for  land,  described 
by  boundaries,  granted  July  22,  1778,  by  Felipe  de  Neve  to  Pueblo  of  San 
Jose;  claim  filed  July  14,  1852,  confirmed  by  the  Commission  February  5, 
1856,  and  by  the  District  Court  November  26,  1859. 

Charles  White  and  Isaac  Branham,  Trustees  for  C.  White,  et  aL,  claim- 
ants for  lands  granted  by  Felipe  de  Neve  to  the  Mayor  and  Common  Council 
of  the  City  of  San  Jo.se;  claim  filed  July  14,  1852,  and  rejected  by  the  Com- 
mission February  5,  1856. 

Ellen  E.  White,  claimant  for  part  of  the  Rincon  de  Ios  Esteros,  2,000 
acres,  granted  February  10,  1838,  by  Juan  B.  Alvarado  to  Ygnacio  Alviso; 
claim  filed  July  19,  1852,  confirmed  by  the  Commission  December  19,  1853, 
by  the  District  Court  December  28,  1857,  and  appeal  dismissed  February  9, 
1858;  containing  2,308.17  acres. 

Domingo  Peralta,  claimant  for  Canada  del  Corbe  de  Madera,  o-ranted  in 
1833,  by  Jos^   Figueroa  to  D.  Peralta  and  Maximo   Martinez;  claim  filed 


214  HISTORY    OF    SANTA   CLARA    COUNTY,   CALIFORNIA. 

August  14,  1852,  rejected  by  the  Commission  October  2,  1855,  and  con- 
firmed by  the  District  Court  April  6,  1858. 

Juan  C.  GaHndo,  claimant  for  Mission  of  Santa  Clara,  granted  June  10, 
1846,  by  Jose  Maria  del  Ray  (priest);  claim  filed  August  30,  1852,  rejected 
by  the  Commission  June  12,  1855,  and  confirmed  by  the  District  Court 
October  21,  1857. 

Charles  M.  Weber,  claimant  for  Canada  de  San  Felipe  y  Las  Animas,  two 
square  leagues,  granted  August  15,  1839,  by  Manuel  Jiuieno  to  Tomas  Bonn; 
claim  filed  September  11,  1852,  confirmed  by  the  Commission  May  8.  1855, 
by  the  District  Court  January  21,  1857,  and  appeal  dismissed  March  4, 
1858;  containing  8,787.80  acres. 

Charles  Fossat,  claimant  for  Los  Capitancillos,  three -fourths  square 
league,  granted  September  1,  1842,  by  Juan  B.  Alvarado  to  Justo  Larios; 
claim  filed  September  13,  1852,  confirmed  by  the  Commission  February  28, 

1854,  by  the  District  Court  August  17,  1857,  decree  reversed  by  the  TJ.  S. 
Supreme  Court  and  cause  remanded,  20  Howard,  413,  on  decision  of  U.  S. 
Supreme  Court  on  the  survey,  21  Howard,  445 ;  containing  3,360.48  acres. 

Candelario  Miramontes,  claimant  for  Arroyo  de  los  Pilarcitos,  one  square 
league,  granted  January  2,  1841,  by  Juan  B.  Alvarado  to  C.  Miramontes; 
claim  filed  September  22,  1852,  confirmed  by  the  Commission  February  6, 

1855,  by  the  District  Court  February  16,  1857,  and  appeal  dismissed  March 
21,  1857;  containing  4,424.12  acres. 

Andres  Castillero,  claimant  for  the  quicksilver  mine  New  Almaden, 
formerly  called  Santa  Clara,  discovered  by  him  in  1845,  with  two 
leagues  of  land  granted  to  him  by  the  President  of  Mexico,  May  23,  1846. 
Possession  of  the  mine  was  given  by  the  Alcalde,  Antonio  Maria  Pico, 
December  13,  1845,  with  three  thousand  varas  of  land  in  all  directions 
from  the  mouth  of  the  mine.  Claim  filed  September  30,  1852.  The  Com- 
mission, January  8,  1856,  confirmed  the  grant  of  three  thousand  varas,  and 
rejected  all  other  claims.  On  the  ground  of  fraud,  the  United  States,  Octo- 
ber 29,  1858,  obtained  an  injunction  from  the  United  States  Circuit  Court 
to  stop  the  working  of  the  mine.  On  January  8,  1861,  the  District  Court 
rejected  all  claims  to  land,  confirmed  the  mining  rights,  with  seven  perti- 
nencias  for  mining  purposes;  and  all  shadow  of  fraud  having  been  dispelled, 
the  injunction  was  dis.solved,  January  26,  1861.  [The  pertinencia  varies 
from  one  hundred  and  twelve  and  one-half  to  two  hundred  varas  square, 
according  to  the  inclination  of  the  vein.] 

Sebastian  Peralta  and  Jos^  Hernandez,  claimants  for  Rinconada  de  los 
Gatos,  one  and  one-half  square  leagues,  granted  May  21,  1840,  by  Juan 
B.  Alvarado  to  S.  Peralta  and  J.  Hernandez;  claim  filed  October  9,  1852, 
confirmed  by  the  Commission  August  8,  1854,  by  the  District  Court  March 


MEXICAN    GRANTS.  215 

10,  ISoG,  and  appt-al  dismisseil  March  13,  185G;  containing  G,G31.41  acres. 
Patented. 

Maria  L.  B.  Berreyessa  d  al.,  claimants  for  San  Vicente,  one  square 
league,  granted  August  20,  1S42,  by  Juan  B.  Alvarado  to  Josd  R.  Berrey- 
essa; claim  tiled  December  30,  18.52,  confirmed  by  the  Commission  July  3, 
1855,  by  the  District  Court  March  13,  1857,  and  decree  affirmed  by  the  U. 

5.  Supreme  Court,  in  23  Howard,  499;  containing  4,438. 3G  acres. 

Augustin  Bernal,  claimant  for  Santa  Teresa,  one  square  league,  granted 
July  11,  1834,  by  Josc^  Figueroa  to  Joaquin  Bernal;  claim  filed  January  3, 
1853,  confirmed  by  the  Commission  September  5,  1854,  by  the  District 
Court  August  11,  1856,  and  appeal  dismissed  November  2,  1858;  contain- 
ing 4,460.03  acres. 

James  Enright,  claimant  for  two  thousand  varas  square,  granted  January 

6,  1845,  by  Manuel  Micheltorena  to  Francisco  Garcia ;  claim  filed  January 
17, 1853,  confirmed  by  the  Commission  August  8, 1854,  by  the  District  Court 
April  26,  1858,  and  by  the  U.  S.  Supreme  Court;   containing  710.14  acres. 

Barlecia  Bernal,  claimant  for  Embai'cadero  de  Santa  Clara,  one  thousand 
varas  square,  granted  June  18,  1845,  by  Pio  Pico  to  B.  Bernal;  claim  filed 
Januaiy  17,  1853,  confirmed  by  the  Commission  December  12,  1854,  and 
by  the  District  Court  .February  23, 1857. 

Jose  de  Jesus  Bernal  et  al,  claimants  for  Canada  de  Pala,  eight  thousand  by 
one  thousand  two  hundred  varas,  granted  August  9,  1839,  by  Jose'  Castro 
to  J.  de  Jesus  Bernal;  claim  filed  P^ebruary  24,  1853,  confirmed  by  the  Com- 
mission June  26, 1855,  and  appeal  dismissed  May  7, 1857;  containing  15,714.10 
acres. 

Ellen  White  et  al.,  widow  and  heirs  of  Charles  White,  claimants  for  Pala, 
one  square  league,  granted  November  5,  1835,  by  Jose  Castro  to  Jos^ 
Higuora;  claim  filed  February  26,  1853,  confirmed  by  the  Commission 
December  19,  1854,  by  the  District  Court  February  23,  1857,  and  appeal 
dismissed  Febx'uary  9,  1858 ;  containing  4,454.08  acres. 

Antonio  Maria  Osio,  claimant  for  land  near  the  Mission,  granted  June  23, 
1846,  by  Jos^  Castro  to  A.  M.  Osio;  claim  filed  February  28,  1853,  rejected 
by  the  Commission  February  6,  1855,  and  appeal  dismissed  for  failure  of 
pro.secution  April  21,  1856. 

Mai'ia  Concepcion  Valencia  de  Rodriguez  et  al.,  claimants  for  San  Francis- 
quito,  eight  suertes  of  two  hundred  varas  square  each,  granted  May  1,  1839, 
by  Juan  B.  Alvarado  to  Antonio  Buelna;  claim  filed  February  28,  1853,  con- 
firmed by  the  Commi'^sion  November  28,  1854,  by  the  District  Court  Feb- 
ruary 4,  1856,  and  appeal  dismissed  April  2, 1857  ;  containing  2,250.98  acres. 

Frederick  E.  Whiting,  claimant  for  Las  Animas,  granted  in  1802  by 
Josd  Figueroa  to  Mariano  Castro;  claim  filed  February  28,  1853. 


216  HISTORY    OF    SANTA    CLARA   COUNTY,    CALIFORNIA. 

Joseph  Sadoc  Alemany,  claimant,  in  behalf  of  the  Christianized  Indians, 
formerly  connected  with  the  Missions  of  Upper  California:  1st.  In  behalf 
of  the  Indians  of  Santa  Clara,  under  a  grant  by  Manuel  Micheltorena,  June 
10,  1844,  for  all  the  vacant  lands  of  Santa  Clara  ungranted  before  that 
time.  2d.  In  behalf  of  the  Indians  for  lands  known  as  Las  Gallinas,  El 
Nacimento  and  La  Estrella,  in  San  Luis  Obispo  county,  under  a  grant  of 
Manuel  Micheltorena,  July  IG,  1844.  3d.  In  behalf  of  sixteen  neophj^tes 
for  small  tracts  of  land,  from  one  hundred  to  three  hundred  acres  each,  in 
the  vicinity  of  the  Mission  of  Santa  Ynes,  Santa  Barbara  county.  4th. 
And  in  behalf  of  the  Indians  generally,  one  square  league  in  each  of  the 
twenty-one  missions;  claim  filed  February  28,  1853,  rejected  by  the  Com- 
mission December  31,  1855,  appeal  dismissed  for  failure  of  prosecution  in 
the  Northern  District  February  23,  1857,  and  in  the  Southern  District 
December  22,  1857.       ■> 

Francisco  Arce,  claimant  for  fifty  by  sixty  varas,  granted  June  3,  1846,  by 
Pio  Pico,  to  F.  Arce;  claim  filed  March  1,  1853,  confirmed  by  the  Commis- 
sion, June  12,  1855,  and  by  the  District  Court,  March  9,  1857. 
•  Joaquin  Higuera,  claimant  for  Pala,  one  square  league,  granted  November 
5,  1835,  by  Jose'  Castro,  to  Jose  Higuera;  claim  filed  March  1,  1853, 
rejected  by  the  Commission  December  26,  1854,  and  appeal  dismissed,  for 
failure  of  prosecution,  April  21,  1S5G. 

Henrv  C.  Smith,  claimant  for  one-fourth  league,  granted  November  2, 
1844,  b}^  Miguel  Muro  (priest),  to  Buenaventura,  et  al.  (neophytes);  claim 
filed  March  1,  1853,  rejected  by  the  Commission  March  27,  1855,  and 
appeal  dismissed  for  faikire  of  prosecution,  April  21,  1856. 

Jose  de  Arnas,  claimant  for  five  square  leagues  of  Santa  Clara  Mission, 
granted  August  1,  1846,  by  Jose'  Castro,  to  J.  de  Arnas ;  claim  filed  March 
2,  1853,  rejected  by  the  Commission  April  24,  1855,  and  b}^  the  District 
Court  February  11,  1856. 

Pufina  Castro  et  al.,  claimant  for  Soils,  granted  by  Jos^  Figueroa  to 
Mariano  Castro;  claim  filed  March  2,  1853,  rejected  by  the  Commission 
December  4,  1855,  and  confirmed  by  the  District  Court  May  1,  1856,  and 
appeal  dissmissed  March  24,  1857;  containing  8,875.46  acres.     Patented. 

Narciso  Bennett,  claimant  for  one  hundred  and  forty  varas  square,  one 
solar,  granted  November  28,  1845,  by  Pio  Pico,  to  N.  Bennett;  claim  filed 
March  2,  1853,  rejected  by  the  Commission  October  23,  1855,  and  appeal 
dismissed,  for  failure  of  prosecution,  February  23,  1857. 

William  A.  Dana,  et  al.,  claimants  for  part  of  San  Antonio,  six  thousand 
one  hundred  and  two  acres,  granted  March  24,  1839,  by  Juan  B.  Alvarado, 
to  Juan  Prado  Mesa;  claim  filed  March  2,  1853,  rejected  by  the  Commis- 
sion July  10,  1855,  confirmed  by  the  District  Court  March  3,  1856,  and 
appeal  dismissed  March  20,  1857;  containing  3,451.89  aci-es.     Patented. 


MEXICAN   GRANTS.  217 

William  A.  Dana  et  td.,  claimants  for  part  of  San  Antonio,  two  tliou- 
sand  five  hundred  and  fifty-one  acres,  granted  March  24,  1839,  by  Juan  B. 
Alvarado,  to  Juan  Prado  Mesa  ;  claim  filed  March  2,  1853,  rejected  by  the 
Commission  July  10,  1855,  and  by  the  District  Court  March  23,  1857. 

James  W.  Weekes,  claimant  for  part  of  San  Antonio,  three  thousand  and 
fifty-one  acres,  granted  March  24,  1839,  by  Juan  B.  Alvarado,  to  Juan 
Prado  Mesa;  claim  filed  March  2, 1853,  rejected  by  the  Commission  July  10, 
1855,  and  appeal  dismissed  for  failure  of  prosecution  February  23,  1857. 

Henry  C.  Curtis,  claimant  for  part  of  San  Antonio,  five  hundred  acres, 
crranted  March  24,  1839,  by  Juan  B.  Alvarado,  to  Juan  Prado  Mesa;  claim 
filed  March  2,  1853,  rejected  by  the  Commission  July  10,  1855,  and  by  the 
District  Court  March  16,  1857. 

William  W.  White,  claimant  for  part  of  San  Antonio,  one  hundred  acres, 
crvanted  March  24,  1839,  by  Juan  B.  Alvarado,  to  Juan  Prado  Mesa;  claim 
filed  March  2,*1853,  rejected  by  the  Commission  July  10,  1855,  and  appeal 
dismissed  for  failure  of  prosecution  February  23,  1857. 

Mary  S.  Bennett,  claimant  for  two  tracts,  one,  one  hundred  and  forty 
varas  square,  and  the  other,  two  thousand  by  one  thousand  varas,  near  the 
Mission,  granted  December,  1845,  by  Pio  Pico,  to  Narciso  Bennett ;  claim 
filed  March  2,  1853,  confirmed  by  the  Commission  July  10, 1855,  by  the  Dis- 
trict Court  February  28,  1857,  and  appeal  dismissed  April  14,  1857;  con- 
tainino-  358.51  acres. 

J.  W.  Redmaii,  et  al.,  claimants  for  orchard  of  Santa  Clara,  ten  acres, 
granted  June  30,  1846,  to  Benito  Dias,  Juan  Castafieda,  and  Luis  Arenas; 
claim  filed  March  2,  1853,  rejected  by  the  Commission,  December  18,  1855, 
and  by  the  District  Court,  May  21,  1858. 

Guadalupe  ^Mining  Company,  claimant  for  part  of  Canada  de  los  Capitan- 
cillos,  described  by  boundaries,  granted  September  1,  1842,  by  Juan  B. 
Alvarado,  to  Justo  Larios;  claim  filed  March  1, 1853,  confirmed  by  the  Com- 
mission, May  2,  1854,  and  by  the  District  Court,- August  17,  1857. 

Martin  Murphy,  Sr.,  claimant  for  part  of  Las  Animas,  one-eighth  of 
twelve  square  leagues,  granted  August  17,  1802,  by  Marquina,  and  August 
7,  1835,  by  Jose'  Figueroa  to  Mariano  Castro;  claim  filed  March  2,  1853, 
and  discontinued  April  3,  1855. 

Clement  Pinaud  et  al.,  claimants  for  garden  of  San  Cayetano,  one  thou- 
sand by  two  hundred  varas,  granted  August,  1845,  by  Pio  Pico  to  Juan  B. 
Alvarado;  claim  filed  March  2,  1853,  rejected  by  the  Commission  Febru- 
ary 8,  1855,  and  by  the  District  Court  October  2,  1860. 

Thomas  O.  Larkin,  claimant  for  Mission  Santa  <  'lara  orchard,  fifteen 
acres  granted  August  30,  184G,  by  Pio  Pico,  to  Juan  Castafieda,  Luis  Arenas 


218  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

and  Benito  Dias;  claim   filed  March  2,  1853,  rejected   by  the   Commission 
December  18,    1855,  and  by  the  District  Court  May  21,  1858. 

Nicolas  Berreyessa,  claimant  for  Las  Milpitas,  under  a  decree  signed  by 
Pedro  Chaboya,  first  Alcalde  of  the  Ayuntamiento  of  San  Josd,  of  May  6, 
1834,  to  N.  Berre3''essa ;  claim  filed  March  2, 1853,  and  rejected  by  the  Com- 
mission October  16,  1855. 

Martin  Murphy,  claimant  for  three  hundred  acres,  granted  by  Manuel 
Micheltorena,  to  Shelton;  claim  filed  March  2,  1853,  and  rejected  by  the 
Commission  March  27,  1855.     Discontinued. 

Widow  and  heirs  of  Anastasio  ChaboUa,  claimants  for  three  suertes  in  San 
Jose,  granted  in  1785,  by  authority  of  the  King  of  Spain,  to  Mazario  Laez, 
claim  filed  March  2,  1853,  rejected  by  the  Commission  January  30,  1855, 
and  claim  dismissed  by  the  District  Court,  for  failure  of  prosecution,  on  Jan- 
uary 8,  1858. 

Barcelia  Bei-nal,  claimant  for  Embarcadero  de  Santa  Clara,  one  thousand 
varas  square,  granted  June  18,  184'8,  by  Pio  Pico,  to  B.  Bernal;  claim  filed 
March  2,  1853.     Discontinued. 

Barcelia  Bernal,  claimant  for  one  square  league,  granted  in  1845,  or  1846, 
by  the  Governor  of  California,  to  B.  Bernal,  et  at.;  claim  filed  March  2, 
1853,  and  rejected  by  the  Commission  March  6,  1855. 

Jos^  Maria  Castaiiares,  claimant  for  Arrovo  de  los  Calsoncillos,  eleven 
square  leagues,  granted  December  28,  1843,  by  Manuel  Micheltorena,  to  J. 
M.  Castafiares;  claim  filed  March  2,  1853,  rejected  by  the  Commission  April 
24,  1855,  and  appeal  dismissed  for  failure  of  prosecution  February  12,  1857. 

This  chapter  has  been  inserted  mainly  as  a  place  of  reference  in  respect 
to  the  grants  made  to  the  early  residents  of  the  County  of  Santa  Clara.  It 
is  hoped  that  the  whole  taken  together  will  form  matter  of  not  an  unin- 
teresting nature,  and  that  a  perusal  will  have  repaid  the  reader. 


HOMICIDES    OF    SANTA    CLARA    COUNTY.  219 


THE  HOMICIDES  OF  SANTA  CLARA  COUNTY. 


HojnciDES  OF  Mrs.  Fielding  Wills — Alexander  W.  McClure — Louis  Lemercier — Kelly — 
AuGUSTiN  C.  Hall — A  Chilenian — Francisco  Peralta — Pedro  Aravena— Dolores 
Araya — Jos6  Galindo — A  Mexican — Mrs.  Olive  Knapp — Louis  Pvelaglado — Fran- 
cis Berreyessa — Jose,  A  Mexican — Paul  C.  Shore — Samuel  J.  Crosby — L.  Posey 
Fergusson — Francisco  Hernandez — Eafael  Ortez — William  Blanch — John  Bee — 
Samuel  Phillips — Mrs.  Kelly — Pedro,  A  Spaniard — Patricio  Amador — Martin  J. 
KooHAN — Peter  Veuve — Jose  M.  de  Polycarp — Joseph  Henman — John  Churchill — 
James  Saxton — James  Santina — Van  Cleave— Osaque— Charles  Cheeny— Joseph 
Pelligrini  —  Jose  Kodriguez  —  Bernaba  Zunaga  —  Gessler  —  Hendbicks — Jose,  A 
Spaniard  —  Thomas  Walker — David  Patton  —  William  Cooper — Harry  Love  — 
John  Hauser — A  Chinese — Beckvvith  Kelly — Taylor  Hale — Arthur  Parsons — 
Pottet — Conratera. 


A  LOVE  of  crime  is  a  fatality  which  would  appear  to  follow  the  Indian  into 
his  partial  civilization,  the  Mcxxican-Spaniard  from  his  native  clime,  the 
Anoflo-Saxon  from  his  far-off  land,  and  the  Mono-olian  from  his  Celestial 
Empire.  All  would  seem  lost  to  the  natural  cry  which  springs  alike  from 
instinct  and  religion,  that  "  whoso  sheddeth  man's  blood,  by  man  shall  his 
blood  be  shed,"  for  dread  crimes  are  not  committed  by  the  violent  and  pas- 
sionate alone ;  we  might  almost  say,  would  that  they  were,  then  would  the 
chillinof  deed  of  horrid  murder  be  confined  to  the  crouching  assassin,  and  the 
hellish  deed  of  suicide  be  the  work  of  the  insane.  But  human  nature  is 
various  and  confusing  in  its  many  failings;  temper  will  outstrip  discretion,  a 
blow  will  be  struck,  a  shot  fired  and  life  will  be  sacrificed,  and  though  escape 
of  present  punishment  may  be  effected,  happily  it  is  assured  that  a  dread 
fear  of  detection  in  the  future,  will  haunt  the  criminal,  for  it  is  truly  said. 
"  conscience  makes  cowards  of  us  all." 

The  following  notices  have  been  gleaned  chiefly  from  the  local  papers  of 
the  county;  unfortunately  we  have  been  unable  to  trace  the  punishments 
meted  out  in  every  case : — 

Murder  of  Mrs.  Fielding  Wills. — The  husband  of  the  deceased,  who 
lived  on  the  side  of  the  mountain,  about  five  miles  east  of  San  Jose,  on  March 
6,  1854,  came  into  the  city  on  business,  and  on  his  return  home  towards 
night,  found  that  his  wife  had  been  brutalh^  murdered  during  his  absence. 
The  corpse  was  .sitting  at  the  door-way,  with  the  key  of  the  door  in  her  hand — 
many  knife  wounds  had  been  inflicted  upon  the  head,  neck,  face,  side  and 
hands  of  the  unfortunate  woman;  and  on  the  arrival  of  her  husband  at  home 
she  was  quite  dead.     The  circumstances  detailed  and  elicited  at  the  inquest 


220  HISTORY    OF   SANTA   CLARA    COUNTY,    CALIFORNIA. 

tended  to  fasten  suspicion  upon  a  Spaniard  or  Mexican,  named  Ramon,  who 
had  effected  a  temporary  escape.  Mrs.  Elizabeth  Wills  was  but  twenty-two 
years  of  age.  On  the  night  of  the  2d  April,  however,  Ramon  came  from  his 
hiding-place  in  the  mountains  and  sought  the  ranch  of  Ricardo  Higuera, 
where  he  was  seen  standing  by  a  fence,  and  when  called  upon  attempted  to 
conceal  himself  by  stooping.  Higuera  then  fired  at  him,  when  the  bandit 
spoke  and  his  voice  was  recognized  as  that  of  the  murderer  of  Mrs.  Wills. 
Higuera  again  loaded  his  gun,  and  deliberately  shot  the  murderer  through 
the  head,  killing  him  instantly.  On  the  following  morning  Seiior  Higuera 
came  into  San  Jose'  and  revealed  to  Justice  0.  H.  Allen  the  foregoing  details, 
who  proceeded  to  the  spot;  the  body  of  the  bandit  was  brought  into  the  city 
and  was  recognized  by  sundry  witnesses,  both  Spanish  and  American,  as  the 
person  whom  public  opinion,  from  various  strong  circumstantial  facts,  had 
fixed  upon  as  the  mui^derer  of  Mrs.  Wills.  His  name  was  Rafael  Duarte- 
The  inquest,  held  over  the  body  by  Justice  Allen,  found  upon  the  testimony, 
that  Duarte  came  by  his  death  from  two  gun-shot  wounds  fired  by  Ricardo 
Higuera;  that  he  was  the  same  individual  so  much  sought  after  as  the  mur- 
derer  of  Mrs.  Wills,  and  the  perpetrator  of  other  high  crimes;  and  that  he 
was  shot  by  Higuera  under  the  conviction  that  it  was  his  duty  to  rid  the 
world  of  such  a  monster. 

Murder  of  Alexander  W.  McClure. — In  the  latter  end  of  the  month 
of  June,  1854,  Alexander  W.  McClure,  a  well-known  and  highly  esteemed 
citizen  of  Santa  Clara  county,  left  his  residence,  near  the  Laguna  Seca  about 
ten  miles  south  of  San  Jose,  mounted  on  his  favorite  mule  and  equipped  for 
hunting,  of  which  he  was  passionately  fond.  Towards  nightfall  a  neighbor 
met  him  in  the  woods  about  four  miles  from  home,  and  on  parting  McClure 
said  that  he  would  cross  a  low  range  of  hills  near  by,  in  the  expectation  of 
seeing  some  deer,  before  he  returned.  This  was  the  last  that  was  seen  of  him 
alive.  His  continued  absence  from  home  alarmed  his  friends,  and,  at  length, 
after  the  lapse  of  a  week,  the  painful  impression  forced  itself  upon  the  public 
mind  that  McClure  had  met  his  death,  either  in  a  conflict  with  a  bear,  or  at 
the  hands  of  an  assassin.  A  party  was  oi'ganized  in  San  Josd  to  search  for 
the  body,  and  on  Sunday,  July  2d,  the  remains  of  the  unfortunate  McClure 
were  found  in  a  gulch  about  two  miles  from  his  house,  in  a  state  of  advanced 
decomposition,  much  of  the  flesh  having  fallen  from  the  bones;  a  bullet  had 
perforated  the  back,  and  twenty  knife  stabs  were  counted  upon  his  remains. 
The  appearances  around  bore  evidence  that  the  body  had  been  dragged  about 
a  hundred  and  fifty  yards  to  the  place  where  it  was  found.  Suspicion 
attached  to  one  Demasio  Berreyessa,  who  was  hanged  to  a  tree  by  the  Vigi- 
lance Committee  on  the  night  of  Friday,  July  22,  1854. 

Murder   of   Louis   Lemercier. — Louis  Lemercier,   a   Frenchman,   who 


HOMICIDES   OF   SANTA   CLARA    COUNTY,  221 

kept  a  grocery  eighteen  miles  south  of  8au  Jose',  at  the  place  called  thu  Ojo 
de  los  Coches.  was  murdered  on  the  night  of  Wednesday,  March  14,  1855,  at' 
his  house,  Twenty -one  stabs  in  the  throat,  breast,  back  and  body,  and  two 
pistol  shots  were  inflicted  upon  the  unfortunate  man,  by  his  assassins.  The 
murderers  carried  off  three  hundred  and  fifty  dollars  in  money,  which  the 
deceased  had  buried  in  the  ground,  under  the  counter  of  his  store,  and  two 
boxes  of  cigars,  a  silver  watch  and  some  clothing.  Suspicion  rested  on  three 
Spaniards. 

Lynching  of  Kelly  at  Gilroy — On  Saturday,  May  12,  1855,  Kelly,  an 
Irishman  and  a  desperate  offender  was  hanged  by  the  people  of  Gilroy.  A 
short  time  before,  in  company  with  other  robbers,  he  had  stolen  four  liorses 
in  that  neighborhood,  and  was  arrested  in  Tuolumne  county,  by  the  Deputy 
Sheriff  of  Stanislaus.  Returning  through  Gilroy,  Kelly  pointed  out  to 
Deputy  Sheriff  Clark,  a  Mexican,  as  another  escaped  convict,  who  was 
arrested.  While  this  was  being  effected  the  people  of  Gilro}'',  on  seeing  Kelly 
took  hiu\  and  hanged  him.  There  was  no  excitement.  The  people  went 
deliberately  to  work,  in  view  of  the  insecurity  of  prisons,  the  frequent  depre- 
dations upon  property  and  the  almost  immunity  of  crime,  and  took  justice 
into  their  own  hands. 

Murder  of  Augustin  C.  Hall. — This  young  man,  formerly  of  Danville, 
Vermont,  was  found  barbarously  murdered  in  his  own  house  on  the  New 
Almadcn  road,  about  seven  miles  from  San  Josd.  There  were  several  things 
about  the  horrible  act,  that  indicated  on  the  part  of  the  perpetrators  the  cool- 
est deliberation  and  the  most  diabolical  malignity.  There  was  no  appearance 
outside  the  house  that  horrid  violence  had  been  perpetrated  there.  The 
horse  of  the  murdered  man  grazed  around  the  door,  and  the  neighbors  whose 
dwellings  were  in  sight,  seeing  the  horse  for  days,  unattended,  began  at  last 
to  wonder  why  the  master  did  not  appear  at  the  door.  Apprehension  of 
sickness,  or  some  other  cause,  induced  one  of  them  to  approach  the  dwelling, 
when  the  first  suspicious  circumstance  that  attracted  attention,  was  to  find 
the  door  fastened  on  the  outside.  On  opening  it  the  murdered  man  was  seen 
lying  in  bed,  carefully  covered  with  the  clothing,  as  if  in  sleep,  but  a  horri- 
ble stench  filled  the  room.  At  the  Coroner's  inquest  held  on  the  27th  April, 
no  facts  were  elicited,  calculated  to  fasten  suspicion  upon  any  one.  After- 
wards, however,  certain  facts  came  to  light,  and  a  resident  of  San  Josd  was 
apprehended  but  was  acquitted  after  a  trial  lasting  a  week,  the  verdict  being 
sustained  by  public  sentiment  as  it  was  by  the  evidence. 

Homicide  of  a  Chilenian,  name  unknown. — On  the  morning  of  Monday, 
July  9,  1855,  Charles  M,  Weber  of  Stockton,  being  on  a  visit  to  San  Jose, 
drove  down  with  his  carriage  and  two  horses,  to  Mr.  Fox's  garden  and 
nursery,  about  half-way  between   San   Jose  and  Santa  Clara;  at  the  gate 


222  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

Weber  tied  his  horses  to  one  of  the  trees  on  the  border  of  the  Alameda  and 
entered  the  garden,  and  while  enjoying  a  promenade  through  the  beauti- 
ful walks,  heard  the  rattling  of  carriage  wheels,  and  looking  up  saw  a 
Spaniard  rapidly  driving  his  carriage  away  in  the  direction  of  San  Jose. 
On  reaching  the  avenue  Weber  mounted  a  horse  which  he  found  tied  to  a 
tree,  near  by,  which  proved  to  be  the  property  of  a  neighboring  farmer,  Mr. 
Morse,  and  made  pursuit  after  the  thief.  At  San  Josd  Weber  got  a  fleeter 
horse  at  Martin's  Livery  Stable,  and,  accompanied  by  several  others,  con- 
tinued the  pursuit.  Learning  from  a  person  coming  into  the  city,  that  the 
carriage  and  horses  were  seen  on  the  New  Almaden  road,  the  party  took  that 
direction  and  discovered  from  the  track,  that  the  thief  had  attempted  to  pass 
over  from  the  New  Almaden,  to  the  Monterey  road,  through  a  farm,  but 
was  prevented  from  reaching  the  latter  road,  on  account  of  the  gate  being 
locked.  On  returning  to  the  New  Almaden  road,  a  portion  of  the  party 
stopped  at  a  grocery,  five  miles  froin  San  Jose',  and  were  there  informed  that 
the  thief,  with  the  carriage,  had  taken  a  drink  and  departed  ten  minutes 
before.  Mr.  Weber  did  not  halt  with  the  party,  but  hastening  on,  came  up 
with  the  thief,  at  Worthington's,  seven  miles  from  San  Jose,  and  called  upon 
him  repeatedly,  in  Spanish,  to  stop,  which  the  felon  disregarded;  but,  throw- 
ing the  lines  down  attempted  to  jump  from  the  carriage  and  escape.  While 
in  the  act  of  doing  so,  Weber  drew  his  revolver,  and  shot  him  through  the 
shoulder.     The  man  died  some  time  after. 

Murder  of  Francisco  Peralta  alias  Don  Pancho. — On  Sunday  morn- 
ing, September  16, 1855,  about  three  o'clock  Francisco  Peralta,  better  known 
as  Don  Pancho,  a  Mexican  gambler,  for  some  years  resident  in  San  Jose  was 
called  out  from  the  billiard  saloon  of  Monsieur  Detech,  at  the  New  Almaden 
mines,  by  a  Mexican,  supposed  to  be  a  miner,  and  was  found  about  an  hour 
afterwards,  about  daybreak,  lying  on  some  hay,  in  a  dying  state,  with  a 
a  larofe  stab  two  inches  in  width  in  his  breast.  The  unfortunate  man 
uttered  some  unintelligble  words,  when  first  discovered,  and  died  immedi- 
ately afterwards.  The  murdered  man  was  robbed  of  all  the  money  he  had 
in  his  possession  as  his  pockets  were  turned  inside  out.  The  murderer  was 
apprehended  and  found  to  be  a  Mexican  named  Gregorio  Soberano.  He 
was  tried  November  7,  1855,  and  sentenced  to  be  executed  December  ]4th. 

Murder  of  Pedro  Aravena. — On  Sunday,  November  18,  1855,  at  the 
house  of  Ignacio  Berreyessa,near  the  New  Almaden  mine,  Santiago  Berreyessa 
murdered  Pedro  Aravena,  a  Chilenian,  under  the  following  circumstances: 
Pedro  had  become  enamored  of  the  daughter  of  Ignacio  Berreyessa,  a  young 
girl  aged  fourteen  years,  and  meeting  with  opposition  from  the  parents  of 
the  girl  to  a  marriage,  the  young  folks  went  to  Alviso,  and  were  there  joined 
in  the  bonds  of  matrimony  by  a  Justice  of  the  Peace.     All  this  happened 


HOMICIDES  OF  SANTA  CLARA  COUNTY.  223 

sometime  previousl}'.  In  a  short  time  the  parents  became  reconciled  to  the 
marriage,  and  the  young  pair  returned  to  the  house  of  the  father,  Ignacio. 
On  the  above  date,  Santiago,  the  uncle  of  the  girl,  being  a  man  of  dark  and 
malignant  feelings,  seeing  Pedro  sitting  in  the  house,. deliberately  shot  him 
twice  with  a  pistol,  producing  death.  It  is  said  that  the  murdered  man  was 
entirely  unsuspicious  of  harm,  and  was  sitting  in  the  house,  the  assassin  firing 
at  him  through  a  window.  Santiago,  immediately  on  the  perpetration  of  the 
deed,  mounted  his  horse  and  tied. 

Murder  of  Dolores  Araya. — On  the  night  of  Monday,  January  21, 1856, 
Dolores  Araya,  a  native  of  Chile,  was  shot  by  a  Mexican  named  Guadalupe 
Arraya,  at  the  New  Almaden  mines,  the  wound  proving  almost  instantly 
fatal.  The  murderer  escaped.  The  murdered  man  was  engaged  in  a  quar- 
rel with  Jesus  Figueroa,  when  the  assassin,  without  provocation,  came  up 
and  shot  him  dead. 

Killing  of  Jos6  Galindo. — Jose  Galindo,  a  desperate  character,  under 
indictment  for  grand  larceny,  was  arrested  by  the  Sheriff  on  the  night 
of  Saturday,  January  19,  1856,  under  the  following  circumstances:  The 
Sheriff,  having  obtained  information  that  Galindo  would  be  at  the  house  of 
his  brother  that  night,  accompanied  by  a  deputy  and  several  others  as  a  posse, 
went  to  the  house  where  the  accused  was  concealed,  and  surrounded  it  with 
armed  men.  The  inmates  were  informed  of  the  presence  of  the  Sheriff,  who 
demanded  admittance,  and  while  some  one  within'  was  opening  the  front 
door,  Jose  Galindo  opened  the  back  door  and  ran  out,  firing  a  pistol  shot,  as 
he  passed,  at  the  person  on  guard,  which  was  returned,  but  owing  to  the 
darkness  without  injury  to  either.  Galindo  then  ran  towards  the  Catholic 
church,  and  hid  himself  in  the  yard  of  a  little  brick  house  near  by.  His 
retreat  was  discovered,  and  once  more  he  ran,  firing  as  he  went,  until  he  had 
exhausted  the  six  shots  in  his  revolver,  but  without  injury  to  his  pursuers; 
the  Sheriff's  party  also  fired  repeatedly  at  Galindo,  and  one  ball  took  effect 
in  his  thigh,  but  without  inducing  him  to  surrender;  on  the  contrary  he 
became  the  more  desperate,  and  after  all  his  shots  were  exhausted  he  drew  a 
saber  and  continued  to  resist  the  ofiicers  and  their  assisi^ants.  He  was  then 
shot  down  with  a  shot-gun  loaded  with  fine  shot,  Avhich  took  effect  in  the 
small  of  his  back  and  left  arm.  He  was  then  captured  and  confined  in  jail. 
He  died  from  the  effects  of  his  wounds,  February  10,  1856,  at  the  house  of 
Senor  Pico. 

Murder  of  a  Mexican. — On  Sunday,  June  29,  1856,  the  brother  of  the 
overseer  of  Mexican  miners  at  the  New  Almaden  mine,  was  killed  by  an  Indian 
on  Cook's  ranch.  The  Indian  was  quarreling  with  an  Irishman,  when  the 
Mexican  said  to  him,  "  Why  do  you  abuse  that  man  1  He  don't  understand 
a  woixl  you  say;"  whereupon  the  Indian  angrily  answered,  "Do  you  take 


224  HISTORY    OF   SANTA    CLARA    COUNTY,    CALIFORNIA. 

it   up  ?"  and  plunged  a  knife  into  the  Mexican.     The  murderer  was  appre- 
hended. 

Murder  of  Mrs.  Olive  Knapp. — The  facts  of  this  case  are  these:  On  the 
morning  of  Sunday,  August  3,  1856,  at  about  eleven  o'clock,  Mrs.  Olive  M. 
Knapp,  wife  of  Nathaniel  Knapp,  was  found  murdered,  lying  under  the  shade 
of  a  tree  in  the  back  yard  of  her  residence,  situated  about  two  miles  south- 
west of  San  J(?se.  A  deep  cut  from  ear  to  ear,  upon  the  back  of  the  neck, 
completely  severed  the  coi'ds;  a  long  cut  on  the  side  of  the  neck,  a  cut  across 
the  lower  lip,  and  a  knife-stab  in  the  breast-bone,  attest  with  what  diabol- 
ical malignity  the  monster  completed  his  hellish  purpose.  An  inquest  was 
held,  the  jury  finding  that  she  was  murdered  by  persons  unknown.  The 
husband  of  the  murdered  woman  was  arrested  on  suspicion,  but  was  after- 
w^ards  discharged  oil  his  own  recognizance  to  appear  at  the  next  term  of 
Court. 

Murder  of  Louis  Pvelgalado. — A  jury  impaneled  by  the  Coroner  to 
inquire  into  the  death  of  Louis  Pvelgalado,  at  Santa  Clara,  on  August  13, 1856, 
found  that  the  deceased  came  to  his  death  by  a  knife-stab  in  the  left  breast, 
inflicted  by  a  man  named  Lazaraga.  An  old  grudge  had  existed  between  the 
parties,  who  were  Mexicans  residing  in  San  Francisco,  and  accidentally  met  at 
Santa  Clara  on  a  Saint's  Day.     The  murderer  escaped. 

Murder  of  Francisco  Berreyessa — Francisco  Berreyessa  was  mortally 
stabbed  at  his  house  near  the  New  Almaden  mines,  on  Saturday  night, 
November  29,  1856,  by  Calisto  Lanra,  a  Chileno,  and  died  the  next  morn- 
ing at  eight  o'clock.  Calisto  was  on  friendly  terms  with  the  family  of  Ber- 
reyessa, and  often  visited  the  house;  he  came  there  on  the  evening  of  the  29th 
with  Berreyessa.  After  partaking  of  some  cakes,  Calisto  started  as  if  he 
intended  leaving  the  house,  but  in  fact  concealed  himself  under  the  bed  occu- 
pied by  Francisco  Berreyessa  and  his  wife.  There  were  several  women  in 
the  house,  some  of  whom  knew  of  his  concealment  there.  Berreyessa's  wife 
also  discovered  him,  and  informed  her  husband  that  Calisto  was  under  the 
bed.  The  husband  ordered  him  to  come  out,  and  then  caught  him  by  the 
hair  of  the  head  and  pulled  him  out.  Calisto,  on  arrising  to  his  feet,  drew  a 
knife  and  stabbed  Berreyessa,  from  which  wound  he  died.  The  slayer 
escaped. 

Murder  of  a  Mexican  named  Jos^ — A  Mexican  from  Sonora  named  Jose 
was  murdered  on  Saturday  night,  June  27,  1857,  on  the  road  leading  from 
Alviso  to  San  Jo.se',  and  was  lound  next  morning  in  a  vacant  house  on  the 
roadside  near  Lick's  Mills.  The  assassin  had  inflicted  five  or  six  knife  stabs 
upon  the  body  of  the  murdered  man,  one  of  which  penetrated  the  heart. 

Killing  of  Paul  C.  Shore. — This  tragedy  was  enacted  in  Fremont  town- 


au^  ()jPLcrma^ 


HOMICIDES    OF   SANTA    CLARA    COUNTY.  225 

ship  on  January  G,  1850.  It  would  appear  tV(jni  tlie  records  that  one  Thomas 
Seals  and  a  family  named  Shore,  were  joint  proprietors  of  a  certain  portion 
of  the  Rancho  Rinconada  de  San  Francisquito.  Each  had  bought  out  an 
interest  in  the  ranch — Seals  holding  several  shares  and  the  Shores  had 
bought  out  but  one  hi'ir,  the  property  remaining  undivided  between 
them.  But  Seals  had  gone  onto  the  premi.ses,  had  improved  and  inclosed  a 
large  body  of  the  land,  a  thousand  acres  or  more,  and  was  in  the  enjoyment 
of  it — in  fact  had  appropriated  to  his  own  use  land  that  was  common  prop- 
erty. On  the  date  mentioned  above,  Richard  E.,  and  Paul  C.  Shore,  assisted 
by  a  youth  named  Lewis,  were  putting  up  a  house  on  these  lands,  Avhen 
Thomas  Seals  and  S.  J.  Crosby  came  up  and  an  altercation  ensued  between 
Seals  and  Richard  Shore.  In  the  meantime  there  appeared  on  the  scene  one 
Alexander  Robb.  Continuing  his  work,  Richard  Shore  stepped  onto  a  bench 
when  he  wa.^  pitched  off  by  Seals.  Shore  then  ordered  him  to  keep  back 
when  Seals  drew  a  pistol  half-way  out  of  his  pocket.  Near  by  Paul  C. 
Shore  was  standing  leaning  on  the  handle  of  an  ax.  Seeing  him,  Seals 
ordered  him  to  put  down  the  ax  in  very"  rough  language,  which  Avas  not 
complied  with,  when  Seals  made  for  him  with  the  drawn  pistol,  he  received 
a  blow  from  the  ax  and  dropped  his  pistol,  for  which  a  grab  was  made  by 
Crosby  and  Robb,  Seals  then  drew  another  weapon,  and  firing,  it  took  effect, 
the  victim  nev^er  afterwards  speaking.  Seals  then  came  to  San  Jose'  and 
gave  himself  up  to  the  authorities,  while  Crosby  and  Robb  were  apprehended 
as  accessories.  At  the  session  of  the  Grand  Jury  which  sat  in  the  month  of 
March  true  Bills  were  found  against  Seals  and  Robb,  but  that  against  Crosby 
was  ignored.  The  trial  of  Seals  took  place  before  the  Third  District  Court, 
sitting  at  San  Leandro,  Alameda  county,  April  11,  1859,  when  the  jury 
disagreed.  A  new  trial  was  ordered  for  April  18th,  when  after  forty -six 
hours'  deliberation  a  verdict  of  not  guilty  was  rendered  April  2-ith. 

KiLLiN^]}  OF  Samuel  J.  Crosby. — The  killing  of  Crosby  grew  out  of  the  case 
last  mentioned.  During  the  session  of  the  District  Court,  on  Monday, 
March  28,  1859,  the  case  of  The  People  vs.  Thomas  Seals  and  Alexander 
Robb,  indicted  for  the  murder  of  Paul  C.  Shore,  being  set  for  the  followincr 
day,  an  indiscriminate  shooting  affray  took  place,  which  resulted  in  the 
death  of  Samuel  J.  Crosby,  the  Coroner's  jury  finding  that  the  deceased  came 
by  his  death  by  three  or  more  shots  from  pistols,  by  the  hand  of  Thomas 
Shore  or  Richard  Shore. 

Killing  of  L.  Posey  Fergusson. — While  the  sad  tragedy  last  mentioned 
was  being  played  without  the  Court  House,  one  of  a  nature  still  more  pain- 
ful was  being  enacted  within.  L.  Posey  Fergusson,  a  miner  from  Grass 
Valley,  who  came  to  San  Jose'  to  accompany  an  old  friend  home  near  New 
Madrid,  Missouri,  had  entered  the  court-room  and  was  listcninrf  to  the 
15 


226  HISTORY    OF   SANTA   CLARA   COUNTY,    CALIFORNIA. 

proceedings,  when  tiring  was  heard.  Remarking,  "  What  does  that  mean," 
he  went  towards  the  door  and  arose  on  a  bench,  when  a  ball  from  the  outside, 
after  passing  through  planking  three  inches  and  a  quarter  in  thickness,  struck 
him  on  the  breast,  when  he  cried  out  to  a  friend  named  Steward  standinof 
by,  "  John,  I  am  a  dead  man."  He  stepped  back  a  few  paces,  then  sank  on 
a  bench,  and  lived  only  half  an  hour  after.  The  jury  found  that  the  shot 
had  been  fired  by  the  hand  of  Samuel  J.  Crosby,  at  certain  persons  standing 
in  front  of  the  Court  House. 

Murder  of  Francisco  Hernandez. — On  Sunday,  March  27, 1859,  as  Fran- 
cisco Hernandez  was  riding  with  his  wife  on  horseback  from  Alviso  to  Mil- 
pitas,  he  was  attacked  by  a  Sonoranian  named  Dionico  Crijalvo.  Hernandez 
got  off  his  horse  and  picked  up  a  piece  of  fence  i^ail  to  defend  himself  from 
the  assaults  of  Crijalvo,  who  was  pressing  upon  him  and  driving  him  back. 
This  occurred  near  the  house  of  Messrs.  Pratt  and  Barbei',  who  seeing  the 
Avhole  affair  rushed  out  to  part  the  combatants.  They  took  a  large  knife 
from  Crijalvo,  and  finding  Hernandez  injured  and  bleeding  freely  carried 
him  into  their  house,  and  then  Pratt  went  in  pursuit  of  Crijalvo,  who  fled 
toward  Milpitas,  but  did  not  succeed  in  arresting  him.  The  wounded  man 
was  afterwards  taken  to  the  house  of  J.  G.  Unedias,  on  the  Alviso  rancho, 
where  he  died. 

Murder  of  Rafael  Ortez. — On  Tuesday,  November  1,  1859,  an  Indian 
named  Fermin  killed  a-  Mexican  named  Rafael  Ortez,  in  Gilroy  township. 
Ortez  was  indebted  to  the  Indian  for  money  lent,  and  on  meeting  each  other 
the  Indian  demanded  his  money.  Ortez  replied  that  he  had  not  the  money  but 
as  soon  as  he  sold  his  corn  and  paid  off  his  hands  for  labor,  done,  he  would 
pay  the  debt  to  Fermin.  The  latter  replied  that  he  wanted  the  money  then, 
but  Ortez  said  he  could  not  pay  hira  at  that  time.  "  I  will  make  you,"  said 
the  Indian,  and  got  ofT  his  horse.  Ortez  also  dismounted,  and  the  Indian 
then  getting  on  his  horse  drew  a  pistol  and  shot  the  Mexican.  Ortez  on  see- 
ing the  Indian  draw  a  pistol,  seized  his  foot,  to  which  he  hung,  after  being 
shot,  until  drawn  a  few  yards,  when  his  grasp  loosened  and  he  fell  to  the 
ground  dead. 

Murder  of  William  Blanch. — William  Blanch,  an  Englishman,  was 
jsavagely  murdered  on  Wednesday,  May  16,  1860,  while  at  labor  in  a  field  he 
was  cultivating  about  a  mile  from  San  Jose.  The  perpetrator  of  the  crime 
-was  an  Indian  named  Salvador  Garcia,  who  had  been  accused  by  the  deceased 
of  stealing  a  rope.  The  murderer  was  arrested,  and  found  guilty  Novem- 
ber 2,  1860. 

Murder  of  John  Bee — On  Monday,  July  30,  1860,  about  four  o'clock  in 
the  morning,  during  a  festive  meeting  at  the  residence  of  Harry  Bee,  Felipe 


HOMICIDES    OF    SANTA    CLARA    COUNTY.  227 

KLiuandez,  a  desperate  character  who  had  been  ah-eady  tried  for  one  murder, 
and  though  convicted  by  one  jury,  was  on  a  second  trial  acquitted,  shot  the 
son  of  his  host,  John  Bee,  a  young  man  of  twenty-one  years  of  age,  killing 
liim  instantly.  The  dispute  arose  about  the  ownership  of  a  guitar.  Hear- 
ing the  report  of  a  pistol,  Harry  Bee  ru.shed  into  the  room  when  he  was 
shot  in  the  thigh  by  another  desperate  man  named  Gonzalez.  The  limb  was 
so  much  shattered  as  to  render  amputation  necessary,  so  that  by  this  act  he  has 
been  rendered  a  cripple  for  life.  Gonzalez  was  apprehended,  but  Hernandez 
escaped.  He  was  afterwards  captured,  tried  and  sentenced  to  death  but  on 
the  night  preceding  his  execution  murdered  his  jailer  and  once  more  freed 
himself,  the  deed  being  one  of  the  most  desperate  on  record. 

Killing  of  Samuel  Phillips. — Samuel  Phillips  and  his  partner,  a  Mr. 
Nesbitt,  attempted  to  open  a  banking  game  at  the  Enriquita  mines  on  the 
evening  of  Satui'day,  August  3,  18C1,  when  a  gen<^ral  row  occurred  in  which 
pistols  and  knives  were  freely  used.  Phillips  was  cut  in  the  abdomen,  from 
the  effects  of  which  he  died  the  next  day.  A  Spaniard  was  shot  in  the  neck 
and  killed  instantly,  and  one  or  two  others  were  seriously  injured. 

Murder  of  Mrs.  Kelly. — A  woman,  the  wife  of  a  man  named  Kelly,  resid- 
ing near  Guadalupe,  was  found  dead  in  her  house  on  Tuesday,  September  3, 
1861.  When  discovered,  her  little  child,  nine  months  old,  lay  asleep  by  her 
side,  literally  covered  with  blood.  The  mother  had  received  no  fewer  than 
thirteen  stabs  and  cuts  at  the  hands  of  the  murderer.  Her  husband  was 
away  from  home  at  the  time.  She  had  testified  against  a  Spaniard  in  a  suit 
for  grand  larceny  about  a  year  before,  wiiich  resulted  in  his  conviction  and 
imprisonment.  The  term  of  his  sentence  having  expired  not  long  before,  he 
was  seen  in  the  neighborhood,  but  since  the  murder  was  nowhere  to  be 
found. 

Killing  of  Pedro. —  Henry  Dietzman  killed  a  Spaniard  named 
Pedro  on  Sunday  evening,  August  24,  1862,  near  Santa  Clara.  The 
following  are  the  circumstances:  Pedro  was  on  his  way  home  about  nine 
o'clock,  on  horseback.  His  road  led  through  a  corral  occupied  by  Dietzman. 
He  dismounted  to  let  down  the  bars,  and  was  leadinof  his  horse  throusfh 
when  he  was  hailed  by  the  former,  who  alleges  that  he  thought  the  Spaniard 
was  stealing  a  horse.  Dietzman  fired  upon  him,  according  to  the  story  told 
by  him,  and  Pedro  threw  up  both  his  hands,  but  offered  no  resistance.  He 
then  fired  again,  when  Pedro  endeavored  to  get  through  the  bars  and  escape. 
Dietzman  then  approached  close  to  his  victim  and  fired  the  remaining  charge 
of  his  revolver,  killing  the  man.  Dietzman  was  examined  before  Judge 
Skinner  on  the  26th  and  discharged.  He  was,  however,  apprehended 
by  the  county  authorities,  and  tried  and  found  guilty  of  murder  in  the 
second  degree,  January  12,  1863,  and  on  the  16th  was  sentenced  to  ten 
years'  imprisonment  in  the  State  Prison. 


228  HISTORY    OF   SANTA    CLARA    COUNTY,    CALIFORNIA. 

Murder  of  Patricio  Amador. — A  Spaniard  named  Patricio  Amador,  aged 
about  sixty  years,  was  murdered  by  An^el  Arrow,  at  Guadalupe,  on  Sunday, 
September  14,  1862.  Amador  was  protecting  a  little  girl  from  the  base 
advances  of  the  libertine  and  assassin  Arrow,  when  the  latter  drew  a  knife 
and  stabbed  him  in  four  places,  causing  his  death.  The  murderer  made 
good  his  escape. 

Murder  of  Martin  J.  Roohan. — The  account  of  this  horrible  deed  is 
taken  from  the  Mercury  of  October  30,  1862: — 

"Felipe  Hernandez,  a  prisoner  confined  in  our  county  jail  for  murder, 
and  sentenced  to  be  executed  on  Friday  last  (October  24th)  performed  on 
the  preceding  evening  one  of  the  most  daring  deeds  of  desperation  that 
it  has  ever  fallen  to  our  lot  to  recoixl.  Felipe  is  a  native  Mexican,  about 
thirty  years  of  age,  rather  fine  looking,  with  a  keen,  piercing  eye.  He  is 
about  five  feet  eiofht  inches  in  height,  weighinor  not  more  than  one  hundred 
and  fifty  pounds,  but  evidently  possessing  the  strength  and  agility  of  a  tiger. 
The  jailer,  Martin  J.  Roohan,  was  a  large,  powerfully  built  man,  sixty-three 
years  of  age,  pos-sessing  immense  strength,  and  cool,  unflinching  courage. 
He  had  had  much  experience  in  handling  and  managing  desperadoes,  and 
was  possessed  of  unlimited  coniidence  in  his  ability  and  nerve  for  any 
emergency. 

"  On  the  lower  floor  of  the  jail  there  are  three  large  cells,  opening  into  a 
corridor  or  hall,  about  six  feet  in  width  and  pei^haps  thirty  feet  in  length. 
The  middle  cell,  in  which  Felipe  was  confined,  is  lined  with  boiler  iron,  and 
is  otherwise  made  as  secure  as  is  deemed  necessary  to  restrain  the  hardest 
cases.  It  is  used  exclusively  for  condemned  prisoners,  or  such  as  are  awaiting 
trial  for  capital  offenses.     This  cell  he  occupied  alone. 

"  On  Friday  morning  (the  24th)  while  the  Sherifl"  was  in  our  oflice  attend- 
ing to  some  business,  his  deputy,  Mr.  Chapman,  came  in  and  infoi-med  him 
that  he  was  unable  to  get  into  the  jail,  and  wondered  what  had  become  of 
Roohan.  Suspecting  that  something  was  wrong,  in  company  with  the 
Sheriff"  and  two  or  three  officere,  we  repaired  immediately  to  the  jail  yard 
and  soon  afTected  an  entrance.  The  outer  door  of  the  jail  was  closed,  but 
not  locked.  The  door  leading  to  the  corridor  we  found  open.  On  passing 
through  into  the  corridor  we  discovered  the  jailer  lying  on  the  floor,  stiff"  in 
death,  surrounded  with  all  the  ghastly  evidences  of  a  terrible  struggle. 

"  In  the  other  cells  than  that  occupied  by  Felipe,  there  were  a  number  of 
prisonere  confined  for  lighter  offenses,  some  half  a  dozen  in  each.  The  doors 
of  the  cells  are  latticed  with  iron  bar.s,  and  whatever  is  transpiring  in  the 
corridor  may  be  witne.ssed  by  the  prisoners  from  within.  Roohan  usually 
had  some  one  of  the  prisoners  to  assist  him  in  the  domestic  duties  of  the  jail. 
At  about  three  o'clock  on  Thursday  afternoon,  as  we  learn  from  the  testi- 


HOMICIDES   OF   SANTA   CLARA   COUNTY.  229 

mony  of  the  prisoners  at  the  Coroner's  inquest,  the  jailer  and  liis  assistants 
brought  in  the  dinner  and   placed  it  on  the  floor   of  the  corridor,  near  the 
doors  of  tlie  cells.     It  was  the  custom  to  feed   Felipe  fir.st.     Mr.  Roohan 
unlocked  the  door  and  directed  his  attendant  to  pass  in   the  food.     As  the 
latter  stepped  into  the  cell,  Felipe,  who  had   freed  his   hands  in  some  way, 
with  the   quickness  of  thought  dashed  him   aside,  sprang  upon  and  seized 
Roohan  around  the  body,  at  the  same  time  getting  possession  of  the  knife 
which  the  latter  wore  in  a  belt  at  his  waist.     Then  commenced  the  fearful 
death  struggle,  in  the  presence  of  the  other   prisoners,  who   were  unable  to 
render  either  party  the  least  assistance.      The  waiter,  who  is  an  imbecile 
old  Mexican,  shrank  with  terror  to  the  end  of  the  corridor.     The  jailer  car- 
ried a  revolver,  also,  in  his  belt,  but  Felipe  hugged  him  so  closely  that  he 
was  unable  to  get  at  it.     There  were  riveted  upon  the  ankles  of  the  prisoner 
at  the  time  immense  iron  shackles,  weighing  one  hundred  pounds,  and  yet 
the  other  prisoners  testify  that  they  seemed  of  no  apparent  weight  to  him. 
He  had  wound  them  with  cloth  and  strapped  them  to  his  limbs  in  a  way  to  be 
of  as  little  inconvenience  as  possible.     With  a  knife  in   one  hand  at  liberty 
and  with  the  other  firmly  grasping  the  body  of  his  victim,  with  everything, 
to  gain  and  nothing  to  lose,  he   was  a  match  for  anything  human.     He 
applied  the  knife  at  first  to  the  throat  of  his  victim,  inflicting  frightful 
wounds.     This  brought  the  jailer  to  his  knees.     Struggling  again  to  his  feet, 
he  put  forth  every  efl'ort  to  overpower  his  wily  foe.     But  weakened  from 
the  blows  already  inflicted,  he  was  unequal  to  the  task.     Felipe  then  stabbed 
him  to  the  heart,  and  through  the  lungs,  killing   him  almost  instantly.     He 
informed  the  other  prisoners  that  if  they  gave  any  alarm  they  would  share 
the  same  fate,  and  they  knew  he  would  fulfill  his  promise !     The  prisoners 
say  he  appeared  perfectly  cool,  both  at  the  time  of  the  murder  and  after- 
wards.    With  the  keys  in  his  posses.sion,  he  now  had  command  of  the  jail. 
Unlocking  one  of  the  cells,  in  which  there  were  five  men,  he  thrust  in  the 
trembling  Mexican  waiter  and  again  locked  the  door.     Among  the  prisoners 
in  this  cell  was  a  Chileno,  in  irons,  who  had  been  imprisoned  the  day  before, 
for  stabbing  a  man  at  Almaden.      Felipe,  after  working  about  an  hour  to 
remove  his  irons,  released  this  man,  and  they  both   together   went  into  the 
jailer's  private  room,  where  they  found  files  and  old  chisels  necessary  for 
their  purpose.     The  task  was  a  long  and  arduous  one.     The  heavy  shackles 
spoken  of  were  secured'to  the  ankles  with  half-inch  bolts,  riveted  in  the  most 
substantial  manner.     The  witnesses  testify  that  it  must  have  been  near  two 
o'clock  in  the  morning  when  the  filing  and  hammering  ceased.     The  desper- 
adoes then  made  their  escape,  taking  with  them  two  revolvers,  and  over 
eight  hundred  dollars,  which  Mr.  Roohan  was   known  to  have  in  his  pos- 
session." 

Felipe  was  a  most  desperate  character,  and  had   been  tried  for  capital 


230  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

crimes  several  times;  once  for  the  killing  of  Carobine,  at  Alviso,  when  he 
was  sentenced  to  the  State  Prison  for  life,  but  was  pardoned  out  by  Gov- 
ernor Weller,  and  was,  at  the  time  of  the  commission  of  this  desperate  deed, 
awaiting  execution  for  the  murder  of  John  Bee,  the  circumstances  of  whose 
death  are  detailed  above.  While  sentence  for  this  crime  was  being  passed 
upon  him,  he  indifferently  smoked  a  cigarette,  and,  up  to  within  a  few  days 
of  the  time  appointed  for  his  execution,  manifested  the  supremest  unconcern 
to  his  fate.  All  of  a  sudden,  however,  he  changed  his  tactics,  and  success- 
fully played  the  penitent.  His  jailer  found  him  on  his  kneas,  whenever  he 
approached  the  cell,  and  it  was  with  difficulty  that  he  could  be  aroused  to 
take  his  food.  His  cross  was  always  before  him,  and  he  prayed  with  a  per- 
severance that  would  have  done  credit  to  a  saint.  By  these  means  he  threw 
his  jailer  off  his  guard.  It  was  for  this  reason  also,  that,  when  the  Sheriff 
suggested  the  propriety  of  having  some  one  to  remain  with  him  on  the 
night  preceding  the  execution,  Mr.  Roohan  declared  that  there  was  not  the 
least  necessity  for  it — all  was  secure.  As  soon  as  the  facts  of  the  ease 
became  known  to  Sheriff  Kennedy,  every  exertion  to  effect  the  recapture  of 
the  murderer  was  made,  and  a  large  reward  offered.  It  was  afterwards 
reported  that  Felipe  Hernandez  was  killed  near  the  Colorada  river,  in  a 
quarrel  with  his  companions. 

Murder  of  Peter  Veuve — A  stage-driver,  named  John  Marr,  alias  "Wild 
Cat  Jack,"  had  an  altercation  with  another  driver,  a  Frenchman,  named 
Peter  Veuve,  at  the  Washington  Hotel,  in  San  Jose,  on  the  morning  of  Tues- 
day, November  18,  1862,  which  resulted  in  the  death  of  the  latter.  It  would 
appear,  from  the  testimony  taken,  that  an  old  grudge  had  existed  between 
the  parties — that  Wild  Cat  had  accused  Veuve  of  stealing  fare  mone}^  from 
the  proprietor,  Mr.  Dutech,  which  the  Frenchman  denied,  and  threatened, 
on  the  day  in  question  to  have  a  "wild  cat "  skin  before  night.  Both 
parties  boai'ded  at  the  hotel.  A  difficulty  first  occurred  at  the  break- 
fast table  between  them ;  but  they  were  prevented  from  doing  personal  vio- 
lence to  each  other.  They  then  proceeded  to  the  stable  to  "  fight  it  out." 
Veuve  said  to  Marr,  on  their  way  to  the  stable,  that  he  was  unarmed,  and 
asked  the  latter  if  he  was  armed.  He  replied  "No,"  which  proved  to  be 
false,  as  he  shortly  drew  a  knife,  and  cut  Veuve  in  the  arm  and  abdomen. 
The  latter  cut  made  a  ghastly  wound,  six  inches  in  length,  which  caused 
death  in  a  few  hours.  On  the  morning  of  February  5,  1SG3,  "Wild  Cat" 
made  his  escape  from  jail,  where  he  was  awaiting  trial,  but  was  afterwards 
captured  in  Stockton,  San  Joaquin  county,  on  April  2d,  and  brought  back 
to  San  Jose.  He  was  convicted  of  murder  in  the  first  degree,  May  13, 1863; 
was  sentenced  to  death,  and  was  to  have  been  executed  on  the  10th  July, 
but  this  was  commuted  to  imprisonment  for  life. 


HOMICIDES    OF    SANTA    CLARA    COUNTY.  231 

Killing  of  Josfi  Morio  de  Polycarp. — On  November  28, 1862,  this  indi- 
vidual, a  native  Calif  oinian,  aged  about  twenty -two  years,  was  killed  near 
Santa  Clara,  by  Hilaris  Sandarte.  What  the  circumstances  attending  the 
shooting  were,  we  cannot  glean,  but  it  was  decided  that  the  case  was. 
one  of  "justifiable  homicide,"  by  Justice  Ei'ksou. 

Killing  of  Joseph  Henman. — The  deceased  was  a  native  of  England, 
about  thirty-six  years  of  age,  and  came  to  his  death  'by  two  wounds  made- 
by  a  knife,  in  the  hands  of  William  Trebath.  on  the  morning  of  May  17„ 
18G3. 

Killing  of  John  Churchill. — Deceased  was  a  native  of  Irelanr],  aged' 
forty-four  years,  and  came  to  his  death  by  two  gun-s^hot  wounds,  from  a. 
double-barreled  shot-gun,  in  the  hands  of  Henry  Palmer.  Palmer  gave- 
himself  up,  and  upon  examination  was  acquitted.  The  facts  elicited  were- 
these:  Palmer  had  been  at  work  for  a  few  weeks  for  the  deceased.  One 
evening  while  he  was  alone  in  the  house  with  Mrs.  Churchill,  he  used  some 
insulting  language  in  her  presence,  which  the  husband,  who  was  listening 
under  the  window,  overheard,  and  resented  by  beating  him  about  the  face^ 
and  compelling  him  to  get  down  on  his  knees  and  ask  his  wife's  pardon.  He 
also  ordered  Palmer  to  leave  his  premi.ses,  threatening  to  take  his  life  if  hv 
met  him  again.  Palmer  left,  but  returned  in  a  few  days  v/ith  a  double- 
barreled  gun.  He  went  to  the  field  where  Churchill  was  at  work.  The 
latter  apprised  of  his  approach  was  armed  with  a  hand-ax,  and  attempted  ta 
run  Palmer  from  the  field.  As  he  approached,  Palmer  raised  his  gun  and 
fired  one  barrel,  breaking  Churchill's  arm.  As  he  continued  to  advance 
Palmer  fired  the  second  barrel,  shooting  his  man  through  the  heart.  Churchill 
was  jealous  of  his  wife,  pi'obably  without  cause.  They  lived  unhappily 
tofjethcir. 

Murder  of  James  Saxton. — The  body  of  deceased  was  found  in  Pacheca 
pass,  on  the  morning  of  Sunday,  June  21,  1863.  It  bore  evidence  that  he 
had  been  lassoed,  stabbed,  and  beaten  with  a  club  but  a  short  time  previously. 
The  man  was  known  to  have  about  two  hundred  dollars  in  money  with  him, 
on  the  day  of  his  death,  the  fact  being  also  known  to  two  Mexicans  who 
were  in  the  vicinity,  but  who  had  suddenly  disappeared.  On  August  24th, 
an  Indian  was  arrested  for  this  murder,  and  after  being  committed  bv  the 
Court,  and  given  over  to  the  Shei'iff  and  pos.se  to  be  taken  to  jail  at  Gilroy,  he 
was  forcibly  seized  by  an  infuriated  mob  and  hanged  to  a  tree  in  the  street. 

Killin'g  of  James  Santina. — James  Santina  was  stabbed  to  the  heart, 
and  instantly  killed,  in  Santa  Clara,  on  the  evening  of  July  -i,  1SG3, 
by  Michael  Murphy,  who  was  immediately  arrested. 

Murder  of  Van  Cleave. — For  this  munler  Abner  Smith  was  executed, 
July  10,  1863. 


232  HISTORY    OF    SANTA    CLARA   COUNTY,    CALIFORNIA. 

The  People  vs  Ah  Pah. — For  this  murder,  of  which  there  is  no  record, 
Ah  Pah  was  executed,  October  30,  1863. 

Killing  of  Osaque. — This  individual  was  shot  at  Santa  Clara,  by  Romero, 
a  Spaniard;  further  than  this  there  being  no  record. 

Killing  of  Charles  Cheeny. — On  the  evening  of  Saturday,  January 
16,  1864,  Charley  Cheeny  was  killed  by  Mat.  Connery,  in  a  saloon  on  Santa 
Clara  street,  San  Jose'. 

Killing  of  Joseph  Pelligrini. — About  nine  o'clock  on  Saturday  even- 
ing, June  4,  1864,  Joseph  Pelligrini,  a  batcher  doing  business  at  the  Enri- 
quita  quicksilver  mine,  was  murdered  in  his  room,  as  he  was  about  retiring 
for  the  night.  He  was  stabbed  through  the  heart,  apparently  with  a  large 
butcher  knife,  and  otherwise  cut  in  a  shocking  manner.  The  door  to  his 
house  was  forced  bylbreaking  the  lock.  There  was  every  evidence  in  the 
room  of  a  terrible  struggle.  A  pistol  shot  was  fired,  probably  by  deceased 
in  self-defense.  Pelligrini  was  a  quiet,  inoffensive  man,  and  was  murdered, 
it  is  supposed  for  his  property.     The  murderer  escaped. 

Murder  of  Juan  Josfi  Rodriguez. — On  the  morning  of  June  5,  1864,  a 
Mexican  with  one  arm,  named  Julian  Almanca,  the  owner  of  a  "  deadfall  "  at 
the  Enriquita  mines,  whose  narne  could  not  be  ascertained,  shot  and  killed 
Juan  Jose  Rodriguez,  and  succeeded  in  making  his  escape.  The  cause  lead- 
ing up  to  the  shooting  was  a  quarrel  on  some  trivial  matter.  He  was  arrested 
in  Los  Angeles  in  January,  1867. 

Homicide  of  Bernada  Zunaga. — The  deceased,  a  native  of  Chile,  was 
stabbed  and  killed  in  a  drunken  scufHe  in  Rathbone's  saloon.  Mil  pitas,  Feb- 
ruary 21,  1865,  by  Juan  Rentaria,  an  Indian.     The  murderer  escaped. 

The  People  vs. Edwards.— For  the  murder  of  one  Gessler  at 

Gilroy,  the  prisoner  was  sentenced  to  four  years'  imprisonment  on  May  18, 
1865. 

Murder  of Hendricks. — At  about  eight  o'clock  on  the  mornincj  of 

February  15, 1866,  two  Indians  under  arrest  for  murder,  seized  upon  Mr. 
Hendricks,  the  jailer,  and  after  a  desperate  struggle  one  of  them  succeeded 
in  obtaining  his  pistol;  they  then  broke  from  the  jail  and  ran  around  the 
corner  of  the  yard  into  Third  street.  Hendricks  quickly  obtained  another 
pistol  and  followed  in  pursuit.  He  came  up  with  one  of  them  before  he  had 
gone  the  distance  of  a  block,  and  fired,  wounding  his  man.  The  fellow 
quickly  fired  in  return,  the  third  shot  passing  through  the  jailer's  head, 
killing  him  instantly.  He  then  ran  along  Third  street  and  concealed  him- 
self under  an  unfinished  building,  among  the  rubbish.  A  crowd  gathered 
around  armed  with  shot-guns  and  revolvers;  and  as  he  was  armed,  and 


HOMICIDES    OF    SANTA    CLARA    COUNTY.  233 

threatened  the  life  of  any  who  appruacheil,  he  was  dispatched  without  much 
ceremony.  Tlie  partner  of  his  crime  and  flight  "vvas  afterwards  apprehendiid 
and  sentenced  by  the  District  Court  of  Santa  Cruz  county,  to  be  hanged 
May  22,  ISOG. 

Killing  of  Jos6. — In  the  month  of  April,  18GG,  two  men  known  as  Fran- 
cisco Ilario  and  Jose',  were  engaged  in  cutting  wood  near  Mountain  View, 
when  Josd  suddenly  disappeared.  Ilario  was  afterwards  seen  wearing  a  coat 
which  was  recognized  as  having  belonged  to  this  companion.  Suspicions  of 
foul  play  w^ere  aroused,  a  search  was  instituted,  and  the  body  of  Jose,  bearing 
the  marks  of  violence,  was  found  buried  in  the  sand  near  the  cabin.  On  May 
29,  18GG,  Ilario  was  arrested  at  Spanish  town,  San  Mateo  county,  and  brought 
by  Sherifl"  Adams  to  San  Jose,  where  he  acknowleged  the  slaying  of  Josd, 
but  said  that  it  was  in  self-defense. 

Mqrdeu  of  Thomas  Walker. — ^The  main  facts  of  this  case  are  these:  A 
saloon  kept  by  Simon  Haines,  at  Mountain  View,  had  been  robbed  of  a  small 
amount,  and  Walker  was  suspected  of  the  crime.  James  Hauu,  assisted  by 
two  acce.s.sories,  Jones  and  Craig,  decoyed  Walker,  who  was  an  inoffensive 
old  man,  from  the  bar-room  of  the  Bay  View  House,  and  took  him  a  short 
distance  into  the  brush,  where  they  endeavored  with  threats  of  summary 
vengeance,  to  extort  a  confession  of  guilt  from  him.  He  asserted  his  inno- 
cence in  the  most  earnest  manner.  Overcome  with  fear,  he  fell  upon  his 
knees  and  begged  them  to  spare  his  life.  Jones  and  Craig  then  washed 
their  hands  of  the  transaction,  and  turned  to  go  away.  Haun  went  a  short 
distance  with  them,  and  then  turned  back  to  the  old  man  and  deliberately 
shot  liim  through  the  head.  He  was  indicted  by  the  Grand  Jury  for  murder, 
but  managed  to  escape,  and  nothing  was  heard  of  him  for  a  period  of  four 
years,  when  in  August,  1871,  Sheriff  Harris  received  intelligence  that  Haun 
was  working  in  a  blacksmith's  shop  at  Lone  Pine,  Inyo  county,  under  the 
assumed  name  of  Wilson,  where  he  was  arrested.  On  January  23,  1872,  he 
was  convicted  of  murder  in  the  second  degree,  and  sentenced  to  the  State 
Prison  for  life.  In  February  the  verdict  was  set  aside  and  the  prisoner  remanded 
to  answer  to  the  next  Grand  Jury.  On  the  9th  of  May  he  was  again  found 
guilty  of  murder  in  the  second  degree,  and  on  the  18th  was  sentenced  to 
twelve  years  in  the  State  Prison.  On  May  25th  he  was  brought  up  before 
Chief  Justice  Wallace  on  a  writ  of  kdheas  corpus,  when  he  was  remanded, 
but,  in  August  the  Supreme  Court  atiirmed  the  judgment  of  the  Court  below, 
holding  that  as  against  the  crime  of  m'lrder  in  the  second  degree  there  is  no 
limitation  of  time  wnthin  which  a  prosecution  may  be  commenced. 

Killing  of  David  Patton. — A  man  named  David  Patton  was  killed  by 
one  Steiger,  a  saloon-keeper  at  Mountain  View,  on  Thursday,  December  2G, 


234  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

1867.  It  appeared  in  evidence  taken  before  the  Coroner's  jury  that  Patton 
was  intoxicated  and  disposed  to  be  quarrelsome.  He  attacked  Sbeiger,  who 
it  is  alleged,  thrust  a  knife  into  him  in  self-defense.  It  was  not  so  thou^-ht 
by  the  Grand  Jury  who  found  a  true  Bill  against  him,  and  a  bench  warrant 
was  issued  for  his  apprehension. 

Killing  of  William  Cooper. — This  tragedy  occurred  on  the  night  of  Wed- 
nesday, January  29,  1868,  under  the  following  circumstances  as  related  in 
the  Mercury  of  February  6th:  Orrin  Dubois  is  an  industrious  and  respecta- 
ble farmer  in  easy  circumstances,  I'esidino-  about  one  and  a  half  miles  south 
of  San  Jose,  on  the  Monterey  road.  His  family  consists  of  a  wife  and  four 
children — the  eldest,  a  girl,  a  few  months  past  fifteen  years  of  age.  She 
unfortunately  figures  largely  in  this  case,  while  another  important  person- 
age, is  her  grandfather,  a  man  of  seventy-eight  years  old,  and  a  resident 
with  the  family  for  three  months.  The  deceased,  William  Cooper,  was  born 
in  England,  but  came  to  this  country  at  an  early  age.  He  was  about 
twenty-five  years  of  age,  well  educated  and  of  pleasing  address.  He  had 
been  a  soldier  for  the  Union,  and  had  in  his  possession  his  discharge  papers. 
He  came  to  the  vicinity  about  six  months  previously,  and  being  short  of 
money  sought  and  obtained  employment  of  Orrin  Dubois,  for  whom  he 
worked  two  or  thi'ee  months  durino:  harvest.  Since  then  he  had  worked  at 
odd  times  for  Mr.  Dubois,  his  last  engagement  terminating  on  Friday,  Jan- 
uary 24th,  when  some  little  disagreement  occurred  between  him  and  Mrs. 
Dubois.  When  not  at  work  he  spent  his  time  in  San  Jose',  frequenting  the 
saloons,  playing  billiards,  etc. 

It  appeared  from  the  evidence  adduced  that  for  the  last  two  weeks  of  his 
stay  at  Dubois'  he  had  been  carrying  on  an  improper  intimacy  with  the  girl 
— entering  into  a  secret  intrigue  for  the  purpose  of  an  elopement,  he  prom- 
ising to  take  her  to  New  York  and  marry  her — as  under  the  laws  of  Cali- 
fornia he  could  not  do  so  here  without  the  consent  of  her  parents,  she  being 
under  eighteen  years  of  age.  The  grandfather  was  a  party  to  this  intrigue, 
and  acted  as  a  medium  of  communication  between  the  lovers.  He  swore, 
however,  that  he  knew  nothing  about  their  intimac}'' — that  he  carried  no 
messages  of  any  kind  from  one  to  the  other.  The  testimony  of  other 
witnesses  was  so  conclusive  to  the  contrary  that  a  complaint  was  made 
out  against  him  as  an  accomplice  in  the  killing,  and  the  old  man  was 
arrested  and  committed  to  jail  to  await  examination.  (He  was  subsequently 
examined  and  discharged).  On  Monday  afternoon,  January  27th,  Cooper 
called  on  Dr.  Kline,  an  acquaintance,  and  made  a  confidant  of  him  as  to  his 
intentions  to  run  away  with  the  girl — said  he  expected  trouble  and  wanted 
to  borrow  his  (Kline's)  revolver.  Kline  refused  to  lend  the  weapon,  where- 
upon deceased  borrowed  a  Derringer  pistol,  on  the  following  evening,  of  Wes- 


HOMICIDES    OF    SANTA    CLARA    COUNTY.  235 

ley  Stevens,  another  acquaintance,  with  whom  he  roomed  occasionally  when 
stopping  in  town.  In  the  meantime  Dr.  Kline,  actuated  by  a  sense  of  duty, 
communicated  his  kncjwledge  of  the  affair  to  officer  Bellow,  and  advised  him 
to  keep  a  watch  on  the  departing  trains,  as  he  thought  the  object  of  Cooper 
was  to  ruin  the  girl.  Dellow  immediately  notified  Mr.  Dubois,  who  held  a 
consultation  with  his  wife  on  the  subject.  They  could  hardly  believe  the 
report  to  be  true,  until  the  girl  made  a  full  confession  to  her  mother.  She 
stated  that  Cooper  was  coming  tiiere  that  night,  or  tlie  night  following,  to 
make  the  final  arrangements  for  the  elopement;  that  she  was  to  leave  the 
front  door  partly  open  to  receive  him ;  that  he  had  written  to  her  to  get  all 
the  money  she  could,  and  all  the  watches  and  jewelry  that  would  bring  any 
money;  that  she  did  not  want  to  go  with  him,  but  felt  that  she  must  go,  for 
she  would  be  ruined  if  she  did  not.  AVith  a  knowledge  of  these  facts  Mr. 
Dubois  watched  for  the  intruder  the  greater  part  of  Tuesday  night.  On 
Wednesday  evening  he  came  to  San  Jose  for  the  purpose  of  taking  advice 
as  to  what  he  should  do  under  the  circumstances,  and  possibly  to  obtain  the 
services  of  an  officer  to  arrest  Cooper  when  he  should  come.  Dubois  con- 
cluded to  defend  his  premises  against  the  proposed  invasion  by  Cooper; 
and  returning  to  his  home,  without  arousing  his  family,  he  entered  by  the 
front  door,  leaving  it  partly  open,  and  took  his  place  near  the  entrance  to 
resume  his  vigils.  At  about  eleven  o'clock  Cooper  approached  the  door,  and 
as  he  did  so  received  a  charge  of  buckshot  through  the  body,  from  the  effect 
of  which  he  died  on  the  afternoon  of  the  following  dav.  The  verdict  of  the 
Coroner's  jury  was  that  the  act  was  "  premeditated  and  unjustifiable,"  but 
on  the  27th  February  the  Grand  Jury  failed  to  find  a  Bill  against  Dubois, 
he  was  therefore  discharged  from  custody  and  admitted  to  bail  on  his  own 
recognizance. 

Killing  of  Harry  Love. — Harry  Love,  alias  The  Black  Knight  of  the 
Seyante  was  killed  in  July,  18G8,  at  Santa  Clara  under  the  following  cir- 
cumstances: He  was  a  man  of  immen.se  frame,  and  although  a  great  brag- 
gart, of  unquestionable  personal  bravery.  He  commanded  the  company  that 
captured  in  early  times  the  notorious  robber  Joaquin  Murietta,  who  it  is 
said  he  killed  with  his  own  hands.  His  wife  by  a  second  marriage  was  a 
wealthy  land-owner.  She  refused  to  live  with  her  husband  for  a  number  of 
years,  on  account  of  his  cruelty  to  her,  he  being  in  the  habit  of  beating  her 
brutally,  at  such  times  as  he  could  find  her  alone  and  unpi-otected.  It  was 
partly  for  her  own  protection  that  she  employed  Christian  Elverson,  to  work 
on  her  farm  and  live  in  her  house.  Love  spent  most  of  his  time  in  Santa 
Cruz  county,  leading  a  sort  of  hermit's  life,  and  visiting  his  wife  occasionall3^ 
He  conceived  a  strong  aversion  to  Elverson,  pretending  jealou.sy,  which  was 
wholly  groundless,  as  Mrs.  Love,  was,  at  the  time,  over  seventy,  and  Elver- 


230  HISTORY    OF    SANTA   CLARA    COUNTY,    CALIFORNIA. 

son  in  the  prime  of  life.     Love  had  ordered  Elverson  to  leave  the  place, 
using  violent  threats  against  his  life.     Mrs.  Love  earnestly  urged  him  to 
stay,  and  knowing  the  rough  nature  of   the  man  Elverson  prudently  armed 
himself.     On  the  day  of  the  shooting  Mrs.  Love  caine  to  San  Jose',  accompa- 
nied by  Elverson,  for   the  purpose  of  transacting  some  business.     Love,  who 
had    been   stopping  in  town  for  a  week   or   two,  saw  them   together,  and 
immediately  went  to  his  wife's  house,  where  lie  armed  himself  with  a  double- 
barreled  shot-gun,  a  revolver,  and  bowie-knife.     A  step-daughter,  and  a  car- 
penter employed  in  repairing  the  house,  were  the  only  persons  at  home  when 
he  arrived  there.     He  locked  the  front  gate,  and  took^a  position  behind  the 
fence  to  await  the  return  of  Mi*s.  Love  and  Elverson,  swearing  that  if  the 
latter  attempted  to  enter  the  premises  he  would  kill  him.     The  daughter, 
apprehending  danger  to  her  mother,  went  into  the  road  and  motioned  the 
carriage    back,   as   it  ^approached,    and    when    it    was   still   a    considerable 
distance    from    the    house.      Elverson,    misinterpreting    her    gestures,    only 
approached  the  more  rapidly.     When  within  about  seventy-five  yards  of  the 
gate,  Love  discharged  one  barrel  of    his  gun,  a  shot  striking  Mrs.  Love. 
Elverson  comprehended  the  situation  at  once,  leaped  from  the  wagon,  drew 
his  revolver,  and  moved  rapidly  by  side  steps  upon  the  enemy,  who  was 
crouched  behind  the  fence,  and  fortified  by  the   gate-post.     When  he  had 
crossed  about  one-half  of  the  intervening  space  he  received  the  contents  of 
Love's  other  barrel,  a  number  of  shots  taking  effect  in  his  face,  causing  the 
blood    to  flow    profusely.     Perfectly    cool    and    undaunted,  he    pressed    on, 
exchanofino-  shot  for  shot,  until  a  ball  from  Love's  revolver  disabled  his  right 
arm.     Shitting  his  pistol  to  his  left  hand,  he  rushed  boldly  up  to  the  fence, 
and  reaching  over,  just  as  his  antagonist  was  in  the  act  of  firing,  sent  a  ball 
through  his  pistol  arm,  which  shattered  the  bone  near  the  shoulder.     Love 
immediately  took  to  his  heels   shouting  "  murder,"  with  Elverson  in  close 
pui-suit.     When  near  the  house  the  latter  overtook  him  and  felled  him  with 
a  blow  from  the  pistol.     He  was  proceeding  to  finish  his  work,  when  the 
carpenter  above  mentioned,  came  to  the  rescue  and  separated  them.     Love 
died  shortly  thereafter  from  the  effects  of  an  amputation  of  the  shattered 
arm.     Elverson  was  arrested  but,  after  examination  dischai'ged,  the  killing 
beincf  evidently  j  ustifiable. 

Murder  of  Mrs.  John  Hauser. — John  Hauser,  a  well-known  resident 
of  San  Jost^,  was  arrested,  June  18,  1(S69,  charged  with  the  murder  of  his 
wife,  whose  body  was  found  in  the  yard  of  her  residence,  on  Balbach  street, 
at  an  early  hour  of  that  day.  The  parties  had  lived  separately  for  several 
years,  and  had  had  much  trouble  about  the  division  of  the  property.  The 
accused  was  found  in  his  bed  at  his  room  on  First  street,  when  he  asserted 
that  he  knew  nothing  about  the  murder.     His  coat  sleeve  was  missing  and 


HOMICIDES    OF    SANTA    CLARA    COUNTY.  287 

afterwards  found  in  the  street,  near  hi^  lodgings  with  marks  of  blood  upon 
it.  An  inquest  was  lield  and  a  verdict  rendered  that  the  deceased  came  to 
her  death  at  the  hands  of  John  Hauser.  He  was  tried  b^-fore  the  District 
Court,  and  the  case  given  to  the  jury,  January  30,  1870,  when,  after  sixty 
hours'  deliberation,  they  failed  to  agree  andVere  discharged.  He  was  after- 
wards re-tried,  found  guilty  of  murder  in  the  second  degree,  and  sentenced  to 
twenty-live  years'  imprisonment. 

Killing  of  Beckwith  Kelly. — A  strange  case  of  homicide  occurred 
near  Gilroy,  on  Thursday,  August  11,  1870.  A  Mrs.  Prudence  Page  came 
over,  by  stage,  from  Watsonville,  Santa  Cruz  county,  on  that  day,  hired  a 
horse  and  buggy  at  a  livery  stable  in  Gilroy,  and  went  a  few  miles  out  of 
town,  to  a  place  where  one  Beckwith  Kelly,  an  emi'ployeoi  Henry  Miller,  was 
at  work.  She  invited  him  to  take  a  ride  with  her.  He  accepted.  The  two 
rode  together  in  the  direction  of  San  Juan.  Returning  towards  evening, 
when  near  the  place  where  the  deed  was  committed,  she  enticed  him  to  leave 
the  buggy,  and  they  proceeded  together  towards  a  cluster  of  willows.  When 
about  one  hundred  rods  from  the  road  she  drew  a  i-evolver  and  shot  him 
through  the  brain,  and  also  through  the  heart.  She  left  the  body  in  the  field, 
rode  back  to  town,  told  a  friend  what  she  had  done,  and  gave  herself  over  to 
the  authorities.  She  assigned  as  a  reason  for  the  act  that  Kelly  had  slandered 
her  and  refused  to  retract. 

Killing  of  a  Chinaman  on  Coe's  Hop  Ranch. — This  tragedy  occurred 
on  Saturday,  August  5,  1871,  under  the  following  circumstances:  A  man 
named  Woods,  together  with  his  sister,  had  for  some  time  past,  been 
residing  on  H.  W.  Coe's  hop  ranch,  south-west  of  San  Jose.  On  the  day  in 
question  Woods  became  incensed  at  his  sister  and  commenced  beating  her. 
She  screamed  for  help,  and  the  Chinaman,  who  was  at  the  house  to  see  about 
a  contract  for  picking  Coe's  hops,  interfered  in  the  girl's  behalf.  In  the 
struffole  which  ensued,  the  Chinaman  struck  Woods  a  blow,  which  immedi- 
alely  caused  a  transfer  of  his  wrath  from  his  sister  to  the  unfortunate  Mon- 
golian. The  Chinaman  started  to  run,  but  was  overtaken  by  Woods,  who, 
seizing  him  by  the  cue,  struck  him  several  blows  with  his  fist  behind  the  ear, 
knockin2f  him  down  and  causin2r  his  death  in  about  live  minutes.  Woods 
came  into  town  and  gave  himself  up  to  the  authorities. 

Killing  of  Taylor  Hale. — This  man.  a  shoemaker  doing  business  on  El 
Dorado  street,  San  Jose,  was  assaulted  near  the  Market  street  plaza,  by  some 
persons  unknown,  and  dreadfully  carved,  from  the  effects  of  which  he  died. 
This  occurred  on  the  night  of  Sunday,  September  17,  1871.  There  was  a  cut 
upon  the  left  side  from  which  th(;  bowels  protruded,  another  on  the  side  of 
the  head,  severing  an  important  artery,  another  completely  splitting  the  left 


238  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

hand  between  the  two  middle  fingers,  and  a  shght  wound  in  the  anterior 
part  of  the  left  hip,  all  evidently  produced  by  a  heavy  knife.  The  murderers 
were  supposed  to  be  two  Chinamen. 

Murder  of  Arthur  Parsons. — On  Thursday,  November  2,  1871, 
Arthur  Parsons,  a  farmer  residing  a  few  miles  from  Santa  Clara,  between 
Saratoga  and  Blackberry  Farm,  was  murdered  in  a  most  cowardly  manner. 
At  about  seven  o'clock  in  the  evening  he  went  to  his  stable  to  feed  his 
horses,  his  wife  accompanying  him  for  the  purpose  of  holding  a  lantern. 
While  bending  over  the  feed  trough,  his  wife,  at  the  time,  standing  in  the 
door  of  the  bai'n  holding  the  light,  some  pei'son,  from  the  outside,  shot  him 
through  the  body,  causing  his  death  in  a  few  houi-s.  A  man  named  Dowd, 
a  divorced  husband  of  Mrs.  Parsons,  was  arrested  on  suspicion ;  but  he  proved 
an  alibi  and  was  discharged.  Mrs.  Parsons  was  arrested,  and  also  a  man 
named  N.  L.  Wolverton,  with  whom  she  formerly  resided.  In  the  month  of 
February,  1872,  the  latter  was  tried  and  acquitted,  while  Mrs.  Parsons  was 
dismissed  on  a  nolle  by  the  District  Attorney. 

People  vs.  George  Rushton. — On  Saturday,  May  18,  1872,  was  sen- 
tenced to  ten  years  in  the  State  Prison,  for  murder  in  the  second  degree. 

Shooting  of  Pottet. — The  circumstances  attending  this  unhappy 

tragedy  are  these:  On  July  27,  1872,  Thomas  Carroll  started  in  a  buggy 
with  his  wife  to  visite  his  father-in-law,  who  resided  about  three  miles  from 
San  Jose',  on  the  Almaden  road.  When  about  two  miles  from  town  he 
observed  two  men  in  advance  walking  in  the  same  direction.  He  paid  no 
particular  attention  to  them,  thinking  they  lived  in  the  neighborhood,  and 
were  returning  from  work.  As  he  neared  them,  however,  they  separated 
and  when  he  came  opposite  them  they  both  made  a  grab  at  the  horse's  head. 
They  missed  the  bridle,  however,  and  the  horse,  being  a  rather  spirited  ani- 
mal, started  up,  and  by  this  means  they  were  left  behind  before  they  had 
an  opportunity  to  clear  themselves.  Mr.  Carroll  drove  on  as  fast  as  his 
horse  would  go  until  he  reached  the  residence  of  Mr.  Kell,  where  he  left  his 
wife,  and  procuring  a  rifle,  started  back,  accompanied  by  that  gentleman. 
As  he  expected  he  found  the  men  still  in  the  road,  waiting,  when  within 
about  fifteen  steps,  Mr.  Carroll  called  out  to  them,  and  ordered  them  to 
about  face  and  march  for  town,  one  of  them  slightly  turned  as  though 
to  obey  the  order,  but  the  otiier  paid  no  attention  to  the  command, 
but  resolutely  advanced  toward  the  vehicle  containing  Mr.  Carroll 
and  Mr.  Kell.  Carroll  repeated  the  command,  when  the  highwayman  drew 
up  a  gun  to  fire  on  the  party.  This  was  the  first  intimation  Mr.  Carroll 
had  that  either  of  the  parties  were  armed.  He  gave  him  no  time  to  draw  a 
bead,  but  placing  his  rifle  to  his  shoulder,  fired,  the  ball  passing  through  the 
highwayman's  head,  and  stretching  him  on  the  road. 


HOMICIDKS    <W    SANTA    CLARA    COUNTY. 


239 


Killing  of  Conratera. — Vicente  Conratera  entereil  the  saloon  of  Gran- 
ville Millsapp  in  Mayfield,  with  a  t'licinl  ami  countryman;  the  latter  was  intox- 
icated, while  Conratera  was  sober,  and  acted  as  a  protector  for  his  friend 
who  was  not  in  a  condition  to  take  care  of  himself.  In  fumblinfr  in  his 
pocket  this  man  dropped  a  five-dollai'  piece  upon  the  floor,  which  Coni-atera 
picked  up  and  put  in  his  pocket  for  safe-keeping.  Millsapp  witnessed  the 
act  and  swore  out  a  warrant  for  Conratera's  arrest,  but  on  beino-  brought  to 
trial  he  was  acquitteiJ.  Aftei-  his  acquittal,  Conratera  went  to  Millsapp  for 
his  bundle,  which  was  passed  over  to  him  from  behind  the  bar,  whereupon 
Conratera  said,  "If  you  hadn't  given  me  this  I  would  have  served  you  as  you 
did  me — had  you  arrested."  Millsapp  then  ordered  him  to  leave  the  saloon, 
and  at  the  same  time  reached  for  his  pistol,  and  fired,  the  shot  taking  effect 
in  the  breast  of  deceased.  The  latter  then  started  towards  the  door,  when 
Millsapp  fired  a  second  shot,  the  l);dl  entering  the  back  of  the  neck,  causing 
almost  instant    death. 


240  HISTORY    OF   SANTA    CLARA    COUNTY,    CALIFORNIA. 


ALMADEN  TOWNSHIP. 


Geography . — Almaden  township  is  bounded  on  the  north  by  Santa  Clara 
township;  on  the  east  by  San  Jose  and  Bui-nett  townships;  on  the  south  by 
Gilroy  township,  and  on  the  west  by  Redwood  township. 

Topography. — Save  a  very  small  belt  of  land  lying  along  the  base  of  the 
foot-hills,  the  entire* township  is  mountainous,  the  peaks  of  which  rise  to  a 
great  altitude.  Two  of  these,  one  named  by  the  Indians  Choual,  and  the 
other  Oumouhum  (since  called  Mount  Bache),  are  three  thousand  five 
hundred  and  thirty,  and  three  thousand  seven  hundred  and  eii-htv  feet 
respectively. 

Soil. — The  soil  of  Almaden  township  is  various.  A  strip  of  land  at  the 
base  of  the  foot-hills,  and  on  their  sides  is  adobe,  while  farther  out  in  the 
valley  it  is  gravelly  reddish  clay,  and  requires  more  moisture  than  in  many 
other  districts  nearer  the  bay. 

Products. ^^iuch.  of  the  township  is  laid  out  in  vineyards,  and  fruit  of 
other  kinds  is  not  much  cultivated.  The  grape  being  especially  adapted  to 
the  gravelly  soil  reaches  much  perfection,  yet  cereals  also  find  great  atten- 
tion. 

Timber. — At  an  early  day  the  ^timber,  principally  live  and  white  oaks, 
extended  into  the  valley  as  far  as  the  Los  Gatos  creek,  but  the  ground  hav- 
ing been  since  reclaimed,  enough  of  trees  is  only  now  left  to  give  the  appear- 
ance to  the  country  of  a  well- wooded  park. 

Climate.- — Situated  as  Almaden  township  is,  within  the  Warm  Belt,  the 
climate  is  most  enjoyable.  Heavy  frosts  are  unknown  in  Winter;  copious 
showers  obtain  throughout  the  season,  while  the  nights  during  the  hottest 
weather  are  cool,  and  the  days  inoppressive. 

Early  Settlem^ent. — The  New  Almaden  Quicksilver  mine,  the  most  pro- 
ductive of  its  kind  in  the  world,  excepting  only  its  older  namesake  on  the 
frontier  of  Estremadura,  in  Old  Spain,  was  very  long  ago  known  to  the 
Indians  who  were  wont  to  resort  thither  to  procure  red  paint  wherewith  to 
adorn  their  nude  bodies.     They  were  unaware,  however,  of  the  presence  of 


A 


NS> 


AI.MADEN    TOWNSHIP.  241 

quicksilver,  and  were  soon  salivated  to  such  an  extent  that  every  physical 
comfort  was  quickly  sacrificed.  Noticin;^  the  natives  thus  bedaubed,  a  Span- 
iard named  Castillero  inquired  of  thcin  wliencc  it  came;  thus  he  discovered 
the  mine,  located  it  and  iiK'(l  Ids  claim  therefor.  He  lost  his  title  to  it,  how- 
ever, by  not  complying  with  certain  prescribed  conditions,  thus  it  passed 
out  of  his  hands  and  into  those  of  the  Quicksilver  Mining  Company.  A 
full  histoiy  of  the  mine  and  its  concurrent  litigation  will  be  found  on  page 
32  of  this  work.  In  the  year  1845  the  mine  was  first  workeilfor  quick- 
silver, but  on  a  suuiU  scale,  but  no  record  exi.sts  of  its  yield  until  the  year 
1850. 

It  is  presumably  correct  to  give  to  James  Dwyer  the  credit  of  being  the 
first  American  settler  in  Almaden  township,  where  he  located  in  October, 
1852.  At  the  time,  between  the  mines  and  the  land  which  he  then  and  still 
occupies,  there  wei-e  no  habitations  save  an  a  lobe  or  two  occupied  by  Span- 
iards, while  towards  Los  Gatos  there  was  no  house  at  all.  In  the  course  of 
a  week,  however,  a  man  named  Ebenezer  Dodge,  a  veteran  of  nearly  eighty 
yeai's  of  age,  had  a  claim  on  a  portion  of  the  ranch  of  Joseph  McCarthy. 
The  next  to  arrive  was  Zadok  A.  Riggs,  vvho  coming  to  the  State  in  Sep- 
tember, 1850,  mined  a  little,  and  on  November  30,  1852,  came  to  Almaden 
township  and  located  where  he  now  resides,  which  he  afterwards  purchased 
when  the  survey  was  completed,  and  some  five  thousand  acres  discovered  to 
belong  to  the  Government  instead  of  being  the  property  of  two  Spanish 
grants — Narvaez  and  Hernandez.  About  this  time  William  A.  Morrison 
located  on  Frank  Hamilton's  place;  early  in  the  following  year,  1853, 
Henry  Phelps  settled  on  the  Schoefield  place,  and  George  B.  Jameson  on  the 
farm  now  occupied  by  William  La  Montague,  while  John  Cooney  took  up 
his  abode  on  the  ranch  where  now  resides  George  H.  Bose.  In  the  Fall  of 
1853  William  D.  Brown  went  upon  the  place  now  the  property  of  the  widow 
Wheeler,  and  with  him  there  came  Frank  Anerich  alias  Richmond,  Avho 
married  one  of  his  daughters  and  now  resides  on  the  adjoining  farm.  Tliere 
was  also  present  on  the  vineyard  which  he  now  owns,  Mr.  DeFrank,  who 
had  already  laid  out  his  vines.  In  the  month  of  August,  1854,  Michael 
Norton  settled  on  the  farm  now  occupied  by  his  widow  and  son,  John  R., 
while  further  up  the  valley,  there  settled  in  the  same  year  D.  E.  Skinner. 

In  the  month  of  May,  1853,  Joseph  McCarthy  located  that  tract  of  land 
now  the  property  of  the  Lone  Hill  Vineyard,  but  continued  his  residence  in 
the  City  of  San  Jose'.  In  the  Fall  of  1855  he  purchased  from  Ebenezer 
Dodge  his  present  farm,  known  as  St.  Patrick's  Ranch,  where,  he  established 
a  domicile,  and  labored  until,  in  1875,  he  was  enabled  to  erect  a  hamlsome 
dwelling,  at  a  cost  of  eight  thousand  dollars,  wdiich,  three  years  later,  fell  a 
prey  to  the  fiery  fiend.  On  a  portion  of  his  pi-operty,  not  far  distant,  Mr. 
McCarthy  had  another  frame  residence,  which,  too,  was  destroyed  by  fire 
1(5 


242  HISTORY    OF    SANTA    CLAEA    COUNTY,    CALIFORNIA. 


on  the  morning  of  General  U.  S.  Grant's  visit  to  San  Josd.  Both  these 
conflagrations  are  supposed  to  have  been  the  work  of  an  incendiary.  In 
1855,  to  the  west  of  Mr.  Rigg's  land,  there  established  themselves  a  few 
Italian.s,  among  whom  was  C  Piatti,  but  remaining  only  a  short  time  they 
sold  out  to  W.  W.  Pratt,  of  San  Jose.  The  next  settler  to  come  to  the 
township  we  believe  to  have  been  Lewis  F.  Parker,  who  located  on  the  land 
he  now  occupies,  August  26,  1856,  it  being  then  a  squatter's  claim.  Shortly 
afterwards  the  Lone  Hill  Vineyard  was  planted  by  D.  M.  Harwood,  while, 
in  the  following  month,  Frank  Hamilton  came  and  pitched  his  camp  on  the 
ranch  now  occupied  by  the  widow  Howes. 

At  this  period  a  large  proportion  of  the  cultivable  lands  were  lying  wild, 
and  occupied  by  large  quantities  of  timber.  There  were  no  road.s,  nor  fences, 
while  all  commodities  were  procured  from  San  Jose.  However,  this  state  of 
affairs  was  not  to  be  for  long,  for  magnificent  roads  were  soon  to  penetrate 
over  hill  and  through  dale ;  with  these  conveniences  of  travel  the  settlement 
was  rapid,  and  with  the  impetus  given  by  the  quick  development  of  the 
mines,  the  township  to-day  is  one  of  the  most  populous  in  the  county.  It  is 
believed  that  the  first  frame  house  within  its  limits  was  constructed  by  either 
Messrs.  Riggs  or  Brown,  but  there  is  the  probability  of  there  both  being 
built  at  the  same  time.  The  first  to  get  married  was  Jo.seph  McCarthy,  and 
in  the  natural  sequence  of  events,  the  first  birth  in  the  township  is  credited 
to  his  wife,  on  New  Year's  day,  1856 — twins. 

The  first  school  house,  in  the  township,  was  that  of  the  Pioneer  district, 
erected  in  1850.  The  original  building  has  long  since  given  place  to  a  new 
one.  Who  the  teacher  w^as  we  cannot  learn.  In  the  year  1857,  another 
school  house  was  expected  on  land  belonging  to  Frank  Hamilton,  and  was 
taught  by  W.  F.  Sturgls.  It  was  afterw^ards  moved  across  the  road  to  Pratt's 
land;  from  there  it  was  taken  to  a  site  on  the  property  of  F.  Bose,  where  it 
was  burned  in  1872,  and  the  present  elegant  building,  of  the  Union  district, 
constructed  in  1873,  on  a  portion  of  the  ranch  of  C.  Schoefield. 

On  January  26,  1865,  a  riot  occurred  at  the  Almaden  mines,  as  the  exor- 
bitant demands  of  the  miners  would  not  be  acceded  to  by  the  agent  of  the 
company.  It  was  found  necessary  to  apply  for  military  assistance,  which 
had  the  effect  of  causing  the  disaffected  to  look  at  things  with  a  calmer  eye 

There  are  no  towns  nor  villages  in  the  section  save  at  the  mines,  therefore 
records  of  these  will  be  found  elsewhere.  Only  about  one-fourth  of  the 
township  is  under  cultivation,  but  its  value  lies  not  so  much  in  this  as  in 
the  undeveloped  wealth  which  lies  concealed  within  its  picturesque  mount- 
ains. 

Goodrich's  Free-Stone  Quarry. — Levi  Goodrich,  proprietor.  Was  first 
opened  in  1875,  and  is  situated  in  Almaden  township,  about  eight  miles 
south  from   San  Jose.  '    It  covers  an  area  of  about  five  hundred  acres,  which 


•Vr.MADEN    TOWNSHIP. 


243 


IS  owned  and  controlled  by  the  proprietor.  The  supply  is,  comparatively 
speaking,  inexhaustible,  and  the  quality,  for  building  purposes,  good.  Mr. 
Goodrich  has  worked  it  continuously  .since  1875,  and  the  stone  work  for  the 
Court  House  in  San  Jose,  State  Normal  School,  San  Francisco  City  Hall, 
and  Masonic  Temple  in  Oakland,  came  from  this  quarry.  The  shipping  is 
done  at  San  Jose,  and  gives  employment  to  from  fifoeen  to  forty  men.  Office, 
room  twenty,  Knox  Block,  San  Jose. 


244         HISTORY  OF  SANTA  CLARA  COUNTY  CALIFORNIA. 


ALVISO  TOWNSHIP. 


Geography. — Alviso  township  is  bounded  on  the  north  by  the  San  Fran- 
cisco bay  and  a  portion  of  Alameda  county;  on  the  east  by  Milpitas  and 
Santa  Clara  townships  ;  on  the  south  by  Santa  Clara  and  San  Jose'  town- 
ships, and  on  vhe  west  by  Fremont  township. 

Topograjjhij. —TYi6  topography  of  this  township  bears  an  unvarying  same- 
ness of  level  country,  it  being  the  commencement  of  the  great  Santa  Clara 
valley.  Its  fore-shores  comi)rise  a  large  extent  of  marsh  land,  intersected 
with  creeks  and  sloughs,  the  larger  of  which  are  navigable  for  sailing  craft 
and  steamboats  of  light  draught. 

Soil— In  Alviso  township  the  soil  is  as  good  as  in  any  other  portion  of 
the  county,  as  the  immense  crops  of  cereals,  fruits  and  vegetables  will  bear 
witness.  It  comprises  principally  the  rich  adobe  lands  so  conducive  to  heavy 
crops  and  quick  vegetation. 

ProdiictB.—The  products  of  the  township  have  no  variety  over  those  of 
any  other  portion  of  the  county.  Grain  is  grown  in  large  quantities,  as  are 
also  pulses,  tubers,  fruits  and  vegetables,  there  being  a  large  export  trade  in 
these  during  the  season. 

Climate. — Being  in  such  close  proximity  to  the  Bay  of  San  Francisco, 
the  climate  of  this  township  is  affected  by  the  trade-winds  which  sweep 
that  sheet  of  water.  Otherwise  it  has  its  share  of  pleasant  days,  as  well  as 
the  disc3mforts  of  mud<ly  Winters,  but  in  no  manner  to  a  greater  extent 
than  is  the  fate  of  other  districts  in  Santa  Clara  county. 

Eaiii/  Settlement— The  boundaries  of  this  township  have  so  frequently 
changed  since  the  organization  of  the  county  that  but  a  small  portion  of  its 
original  area  is  left  to  it;  indeed,  save  within  the  town  limits,  the  locale  of 
the  old  settles  have  all  been  embraced  within  Santa  Clara  township. 

Somewhere  about  the  year  1840  three  adobe  buildings  were  erected  by  the 
three  grantees  of  land  in  the  section.  The  first  of  these  was  the  family  of 
Alviso,  who  had  the  grant  known  by  their  name ;  then  the  Berreyessas,  of  the 
Rincon  de  los  Esteros  giant,  and  Julio  Valencia,  the  possessor  of  a  large 
tract      lo-nacio  Alviso,  the  first  of   the  family,   and  his  wife,  who   was  a 


ALVISO    TOWNSHIP.  245 

Bernal,  were  both  natives  of  Spain,  ami  wei'e  araonj:^  the  first  Spanish 
pioneers  of  civilization  in  California.  After  a  residence  of  some  years  in  San 
Francisco  he  removed  to  the  Santa  Clara  Mission,  where  he  became  admin- 
istrator to  that  establishment;  his  grandson  was  elected  to  the  State  Legis- 
lature from  Alameda  county  at  the  presidential  election  held  in  November, 
1880. 

The  earliest  resident  with  whom  we  have  been  able  to  hold  converse  is  A. 
T.  Gallagher,  who  came  to  the  township  in  the  month  of  Septembar,  18 iO, 
He  says  at  that  time  the  Alviso  adobe,  then  occupied  by  the  widow  of 
Domingo  Alviso,  stood  on  the  eastern  bank  of  the  Guadalupa  river,  about 
one  mile  south-east  from  the  town;  near  it  was  the  residence  of  Guadalupe 
Berreyessa,  now  on  the  land  of  A.  Richard,  while  four  hundred  yards  below 
there  lived  Julio  Valencia,  on  what  is  now  the  property  of  William  Shields; 
and  near  the  Lick  Mills  dwelt  a  son  of  Ignacio  Alviso,  named  Jose  Maria. 
These  buildings  still  stand. 

At  this  period  the  place  was  known  as  the  Embarcadero  de  Santa  Clara,  the 
landino^  itself  being  situated  about  half  a  mile  above  the  site  of  the  town  of 
Alviso  on  the  Guadalupe.  Here  came  to  reside  in  the  year  1843  a  Scotch- 
man named  John  Martin,  who  owned  the  Embarcadero  Rancho,  and  erected 
the  hou.se  in  which  his  son-in-law,  Charles  W.  Love,  now  lives.  Mr.  Martin 
was  the  first  foreign  resident  in  the  section,  we  may  say,  although  t^.e  tract 
on  which  his  house  now  .stands  is  a  part  of  Santa  Clara  township,  and  was 
the  only  dwelling  between  Alviso  and  the  town  of  Santa  Clara. 

To  this  point  came  the  hides,  tallow,  and  other  native  products,  with  quick- 
silver from  the  New  Almaden  mine  as  well,  where  they  were  stored  and 
shipped  in  sailing  craft  to  San  Francisco,  the  imports  being  distributed  to  the 
different  parts  of  the  country  by  the  primitive  wagon  and  ox-teams  of  the 
period. 

The  first  American  settler  came  to  the  township  in  the  year  18  i7,  in  the 
person  of  Leo  Norris,  who  farmed  on  the  property  of  Jo.ge  Maria  Alviso, 
known  as  the  Cherro  Rancho,  thus  named  on  account  of  the  curly  hair  of 
the  proprietor;  while,  in  1840,  a  man  named  John  White,  resided  with  his 
father-in-law,  Julio  Valencia. 

Where  now  stands  the  town,  in  September,  1849,  a  Frenchman  named 
Claro  pitched  his  tent  on  the  plot  of  ground  afterwards  known  as  the  plaza, 
which  is  near  the  present  residence  of  Harry  Wade,  while  in  the  following 
month,  October,  A.  T.  Gallagher  put  up  a  forty  by  sixty  canvas  ware- 
house, in  a  position  back  from  the  creek,  and  not  far  from  the  site  just  men- 
tioned. Mr.  Gallagher  paid  for  his  lumber  at  the  rate  of  six  hundred  dollars 
per  thousand  feet,  and  for  canvas  twenty-one  dollars  and  twenty-five  cents 
per  yard. 

Thus  it  was  that  the  township  now  under  consideration  commenced  to  be 


246  HISTORY    OF    SANTA    CLAEA    COUNTY,    CALIFOENIA 

populated.  At  the  time  of  the  location  of  these  pioneers,  the  country  was 
naught  but  a  wild,  wide  plain,  with  much  marsh  land,  covered  with  a 
growth  of  mustard  unbroken  for  miles.  Save  the  very  limited  cultivation 
practiced  by  the  few  settlers,  no  semblance  of  agricultural  pursuit  was  vis- 
ible; wild  animals  and  game  held  sway  over  the  land,  while  the  creeks  and 
marshes  re-echoed  with  the  sounds  of  wild-fowl  of  various  kinds.  These, 
however,  were  soon  to  be  disturbed  by  the  unrelenting  hand  of  progress, 
which  had  become  a  watchword  on  the  discovery  of  gold,  and  immigration 
to  the  shores  of  the  great  Pacific. 

In  the  Winter  of  1849-50,  probably  in  December  '49,  steam  was  first  used 
on  the  Guadalupe  river.  An  engine  and  machinery  was  placed  in  an  old 
scow,  the  name  of  Sacramento  given  to  her,  and  in  due  time  she  was  placed 
on  the  route  betweeji  San  Francisco  and  Alviso.  True,  she  took  ten  hours, 
sometimes  more,  to  compass  the  distance,  but  her  presence  was  a  sign  of  the 
times,  as  was  also  the  tariff  for  passengers,  the  fare  from  San  Francisco  to 
Alviso  being  forty,  and  to  San  Jose,  connected  by  a  stage,  fifty  dollars. 

In  this  Winter,  1849-50,  a  town  site  was  surveyed  by  C  S.  Lyman,  for 
Jacob  D.  Hoppe,  Charles  B.  Marvin,  Kimball  H.  Dimmick,  and  Robert  B. 
Neligh,  who  obtained  a  tract  of  land  for  that  purpose  from  John  Martin 
and  Guadalupe  Berreyessa.  Afterwards,  Governor  Peter  H.  Burnett  acquired 
Marvin's  interest,  and,  in  1850,  erected  a  house  where  Charles  Young  resides. 
Here  lots  were  put  up  for  sale  at  the  upset  price  of  six  hundred  dollars; 
preparations  were  made  for  a  large  commercial  center,  and  the  possibility  of 
a  canal  to  San  Jose  occupied  public  attention.  In  the  course  of  a  few 
months,  the  expected  mercantile  activity  came  not,  and  the  price  of  lots 
dwindled  into  a  phantom.  Finding  such  to  be  the  case,  and  land  specula- 
tions beinir  rife  in  Sacramento,  Governor  Burnett  determined  to  transfer  his 
domicile  from  Alviso.  He  therefore  sent  to  Sacramento  for  the  tradesmen 
that  had  constructed  his  dwelling,  who  tore  it  down,  removed  it  to  San  Jose' 
and  there  ci^ected  it  where  it  now  stands,  next  to  the  residence  of  his  son- 
in-law,  the  Hon.  C.  T.  Ryland. 

At  this  period  that  vast  horde  of  immigrants,  who  had  left  their  homes  in 
the  Atlantic  and  other  States  to  the  potent  shibboleth  of  gold,  commenced 
to  find  their  way  into  the  fertile  valleys  and  metal-producing  gorges  of  Cali- 
fornia. Nearly  all  took  a  turn  at  the  mines,  some  to  amass  Wealth,  others 
to  be  plunged  into  irretrievable  ruin  of  mind  and  body.  Happily,  among 
all  these,  there  were  some  with  home  instincts  still  left  in  their  bosoms,  who 
sought  out  the  valleys  pregnant,  too,  with  wealth,  but  of  a  different  nature, 
and  fixed  their  abodes  in  what  was  then  a  solitude,  but  which,  by  their  own 
industry,  and  the  unremitting  labor  of  others,  has,  to-day,  become  a  fruit- 
ful and  populous  country,  still  holding  out  promise  of  future  productive- 
ness. 


ALVISO    TOWNSHIP.  247 

In  the  Spring  of  1850,  the  steamer  Fireflu,  commanded  by  Ca]:)tain 
Moran,  was  put  on  the  line,  and  another  boat,  named  the  Nevj  Star,  Whit- 
more,  Master,  also  commenced  to  ply.  With  this  augmentation  of  trade, 
more  warehouses  were  constructed  to  supply  the  demand  for  increased  stor- 
age, while  farmers  commenced  to  settle  in  the  district.  Among  those 
whose  names  we  have  been  able  to  gather,. are:  James  Whalen,  who  farmed 
for  one  season  on  the  tract  of  Jose  Maria  Alviso:  Charles  Ingles,  and  John 
J.  Ordley,  who  commanded  a  sailing  vessel  in  the  trade. 

In  1851,  Warren  Pomeroy,  and  three  others,  named  Sherman,  Reed,  and 
Morse  who  had,  the  previous  season,  farmed  on  the  land  now  owned  by  A. 
T.  Gallagher,  in  Santa  Clara  township,  took  up  a  tract  of  land  near  the  Coy- 
ote creek,  now  rented  by  William  Boots,  of  James  F.  Reed,  administrator  of 
the  Berreyessa  estate.  In  the  Fall  of  the  same  year,  a  man,  called  Butler, 
located  on  what  is  at  present  the  property  of  William  Boots,  there  also  came 
Messrs.  Joy  and  Day,  who  occupied  part  of  the  Domingo  Alviso  tract,  now 
belonging  to  Peter  Ogier;  Pedro  de  Sessais,  at  this  time,  purchased  the 
tract  on  which  resides  John  Meads,  at  the  corner  of  the  Alvi.so  and  Milpitas 
road;  Steven  Bloomlield  was  farming,  at  this  period,  on  the  land  now  occu- 
pied b}'-  Isaac  Leitch ;  while  among  the  others  to  arrive,  and  who  were  resi- 
dents, were:  D wight  Burnett,  a  son  of  the  Governor,  and  his  two  brothers, 
Thomas  and  WhiteBurnett,  A.  C.  Erkson,  now  of  San  Jose',  Robert  Hutchin- 
son, A.  J.  Wilson,  Harry  Wade,  his  son  C.  E.  Wade,  Moses  Parsons,  John  N. 
Appleton,  the  Dana  Brothers,  Marchand,  Christian  Baptiste,  Arnold,  Rand» 
Snydei-,  Clark,  and  Richard  Carr,  who  opened  the  first  store  in  the  town.ship. 
It  was  in  this  year  discovered,  by  the  merest  accident,  that,  besides  the  Guada- 
lupe river,  there  existed  other  and  shorter  water  communication  with  the  Bay. 
This  fact  being  proven,  advantage  was  taken  to  test  the  value  of  tlie  new 
route,  by  a  Chileno,  who  brought  his  sloop,  the  Salodonia,  by  that  way — 
the  first  vessel  to  come  to  Alviso  by  that  means.  The  first  steamboat  to 
come  up  by  the  new  route,  was  the  Boston,  while  the  first  to  ply  regularly 
was  the  ill-fated  Janaj  Liad.  We  may  mention  in  this  place  without 
much  disturbing  the  chi-onological  order  of  events  that  the  two  streams — the 
Guadalupe  river,  and  that  which  afterwards  received  the  name  of  Steam- 
boat slough — were  connected  by  a  canal,  in  1858,  thus  giving  a  greater 
depth  of  water  in  an  around  the  town  of  Alviso. 

From  the  foregoing  remarks  it  will  be  seen  the  progress  that  the  first 
years  of  American  occupation  brought  upon  this  township.  It  will  be 
readily  appreciated  by  the  reader  how  impossible  it  is  for  u.s^to  record  fact 
for  fact  as  it  occurred,  and  name  for  name  as  their  possessors  arrived  to  locate. 
The  memory  at  all  times  is  but  a  frail  reed  whereon  to  bear  the  wei'^ht  of 
one's  information,  yet  to  it  alone  do  we  trust,  and  such  names  as  may  be  rec- 
ollected by  the  pioneers  whom  we  consult  are  the  onl}'-  ones  that  we  dare 
mention. 


248  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

In  1852,  John  Karr  came  to  the  township  and  entered  the  store  of  Rich- 
ard Carr,  while  in  this  year,  too,  the  town  of  Alviso  was  incorporated  by  a 
special  Act  of  the  Legislature.  William  Erkson,  of  San  Jose,  joined  his 
uncle,  A.  C.  Erkson,  in  the  Winter  of  this  year,  on  the  farm  now  owned  by 
Mrs.  Fenton.  In  1853  there  arrived,  among  others,  William  Boots  and 
Thomas  Pogue,  the  present  proprietor  of  the  Alviso  Hotel,  besides  many 
more  whose  names  we  have  been  unable  to  gather. 

From  the  above  date  the  settlement  of  the  township  was  rapid,  the  broad 
acres,  hitherto  unreclaimed,  being  put  under  contribution  b}^  the  horny- 
handed  sons  of  toil  who  had  established  themselves  on  its  fertile  bosom.  In 
an  almost  incredible  short  space  of  time,  handsome  homesteads  commenced 
to  rise  from  the  chaparral  and  the  plain  began  to  assume  an  air  of  tiue  civil- 
ization, with  what  result  it  is  unnecessary  for  us  here  to  state ;  these  efforts 
speak  for  themselves;  let  the  prosperous  fields,  orchards  and  gardens  tell 
their  own  story. 

Alviso. — ■Itisunnece.s3ar3''here  to  recapitulate  the  first  steps  taken  towards 
the  establishment  of  this  town,  suffice  it  to  say  that  it  was  laid  out  in  1849, 
and  every  provision  made  for  a  large  city.  Docks  were  projected,  squares 
arranged  for,  a  plaza  set  apart,  streets  with  higl^-sounding  names  ran  at 
right  angles  to  each  other — indeed,  on  paper,  in  a  Pickwickian  sense,  Alviso 
was  a  metropolis  worthy  of  a  better  fate  than  has  been  its  hard  lot.  The 
thoroughfares,  some  of  which  still  cany  their  appellations,  were  planned 
from  west  to  east,  and  south  to  north,  the  first  being  called  Washington, 
Moffat,  Hoppe,  Dimmick,  Catharine,  and  Elizabeth  streets,  and  the  latter,  Bay, 
Hope,  El  Dorado,  Liberty.  Victoria,  and  Bernice  streets. 

That  the  town  did  make  a  start  will  be  gathered  from  the  following 
information  received  from  Mr.  and  Mrs.  Harry  Wade,  who  arrived  in  Septem- 
ber, 1851,  and  have  since  dwelt  there.  At  this  time  there  stood  at  the  corner 
of  Hoppe  and  El  Dorado  streets,  a  stoi'e  kept  by  an  Englishman  named 
Richard  Carr;  the  premises  still  stand  and  is  the  last  house  near  the  bridge 
crossing  the  Guadalupe  river  on  the  road  to  Santa  Clara.  Next  door  to  it 
was  the  American  House,  a  hotel  conducted  by  Moses  Parsons,  but  which 
soon  after  got  into  the  hands  of  John  N.  Appleton.  Dana  Brothers,  of  San 
Francisco,  at  that  period  had  a  store  here;  a  French  hotel  named  "  The 
Four  Musketeers"  was  kept  by  Marchand,  it  stood  on  the  site  of  the  hostelry 
now  managed  by  Jules  Pelle,  while  next  door  to  where  Mr.  Wade  resides,  a 
man  called  Prince  had  a  general  mercantile  establishment  which  was 
destroyed  by  fi.re  in  1860.  Contiguous  to  it  Christian  Baptiste  had  a  tavern 
which  was  too  burnt  in  the  conflagration  above  mentioned.  There  was  also 
Mr.  Wade's  i-esidence,  which  he  purchased  from  Pierre  Duclos;  the  dwelling 
in  which  Robert  Hutchin.son  now  i-esides;  and  next  to  it  was  the  workshop 


ALVISO    TOWNSHIP.  249 

of  a  blacksmith  named  Arnold.  Near  Mr.  Hutchinson's  dwellinrr  aforesaid 
there  was  the  store  of  Ran(.l,  Snyder  &  Clark,  while  a  man  called  llieketts 
had  a  two-story  dwelling  close  to  the  position  now  occupied  by  the  hotel  of 
Thomas  Pogue.  Such,  or  nearly  so,  was  the  town  of  Alviso  in  the  latter 
part  of  1851. 

In  this  year  there  existed  a  wharf  built  by  the  Whitmore  Brothers,  the 
proprietors  of  the  Neiv  Star,  on  the  piece  of  ground  originally  intended  for 
the  plaza,  where  their  boat  used  to  ship  and  discharge  cargo.  The  builders 
constructed  it,  we  are  informed,  under  the  conditions  that  free  use  of  it  was 
to  be  accorded  them,  and  at  the  end  of  eighteen  months  it  should  become  the 
property  of  the  corporation.  Besides  the  quay  alluded  to,  there  was  another 
landing  constructed  by  a  man  named  Merrill,  about  half  a  mile  from  town, 
on  the  Guadalupe,  where  he  used  a  ship's  galley  for  a  dwelling-house. 

As  might  be  expected,  with  the  accession  of  trade,  more  ample  facilities  for 
the  storage  of  goods  was  necessary.  To  this  end  a  number  of  warehouses 
were  constructed.     The  first  to  be  put  up,  we  have  said,  was  that  of  A.  T. 

Gallagher,    built    in    1849.     In    1850,    Frank    Barrows    and Ricketts 

erected  one  on  the  bank  of  the  Guadalupe,  precisely  over  the  line  v/here  the 
canal  connecting  the  slough  and  the  river  has  since  been  cut;  while  Clai'k, 
Rand  &  Snyder,  built  another  on  the  site  of  the  present  Union  Warehouse. 
In  the  following  year  Flenoy  and  Pierce  put  up  a  warehouse  on  the  south 
side  of  the  Guadalupe  on  the  neck  of  land  formed  by  the  confluence  of  that 
stream  wnth  the  slough,  and  at  about  the  same  time  Captain  Ham  erected 
the  warehouse  which  long  went  by  his  name.  In  1851  there  stood  above 
the  Guadalupe  bridge  another  building  of  this  class,  but  to  whom  it  belonged 
cannot  now  be  recalled.  Here,  before  it  fell  into  decay,  was  wont  to  be 
stored  quicksilver  from  the  New  Almaden  mine  for  export  to  San  Francisco. 
In  the  Fall  of  1851  Robert  Hutchinson  and  his  partner,  A.  J.  Wilson,  con- 
structed a  wharf  on  the  slough,  near  its  head,  wdiither,  on  its  completion,  the 
warehouse  of  Burnett  &  Barrows  was  removed.  To  this  point  did  the 
steamer  Boston  make  her  trips. 

An  Act  to  incorporate  the  Town  of  Alviso  was  approved  March  26,  1852, 
wdien  its  limits  were  defined  as  follows:  "  The  limits  of  the  Town  of  Alviso 
shall  include  all  the  lands  embraced  within  the  limits  of  the  several  tracts  of 
land  conveyed  by  Berreyessa  and  wife,  and  by  John  Martin  and  wife,  to 
Charles  B.  Marvin  and  Jacob  D.  Hoppe,  and  by  James  Alexander  Forbes  to  K. 
H.  Dimmick,  Peter  H.  Burnett,  R.  B.  Neligh  and  Jacob  D.  Hoppe."  Power  to 
levy  and  collect  a  wharfage  tax,  upon  all  vessels,  of  sixteen  cents  per  ton, 
was  invested  in  the  Trustees;  the  annual  tax  levied  and  collected  by  the 
Board  upon  town  property  should  not  exceed  twenty-five  cents  on  every 
hundred  dollars  of  the  assessed  value  thereof;  while  an  election  for  said  Board 
of  Trustees  was  called  for  the  first  Monday  in  May  of  tliat  year. 


250  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

Unfortunately  there  are  no  records  extant  wherefrom  we  could  cull  the 
names  of  the  tirst  officers  of  the  newly  incorporated  town  ;  we  have,  however, 
been  informed  that  Thomas  West  and  Robert  Hutchinson  were  among  the 
Trustees,  and  J.  Snyder  and  A.  T.  Gallagher  were  respectively  Treasurer  and 
Marshal. 

Affairs  in  the  town  remained  in  statu  quo  for  several  years,  indeed,  until 
an  attempt  was  made  to  require  the  right  over  certain  swamp  lands  within 
the  incorporated  limits,  by  A.  M.  Thompson.  This  action  caused  the  Trust- 
ees to  seek  and  obtain  legal  advice  on  the  .subject,  the  purport  of  which  was 
that,  though  no  municipal  officers  had  been  elected  for  several  years,  the 
incorporation  had  not  lapsed;  and  all  the  swamp  and  overflowed  lands  within 
the  prescribed  limits  were,  by  the  Act  of  April  21,  1858,  excluded  from  being 
considered  as  the  property  of  the  State.  However,  to  set  the  vexed  question 
at  rest,  the  Legislature^passed,  March  22, 18G2,  "  An  Act  to  authorize  the  Gov- 
ernor of  the  State  to  convey  certain  lands."  The  first  section  granted  to  Albanus 
B.  Rowley  and  Robert  Hutchinson,  as  Trustees  of  the  town  of  Alviso,  all 
that  tract  of  land  described  as  follows:  "  Beginning  at  a  point  on  the  south- 
western bank  of  Steamboat  slough,  one  hundred  and  sixteen  and  six  hun- 
dredths chains  south,  and  twenty  chains  west,  from  the  points  where  sections 
thirty-three  and  thirty-four  of  township  five  south,  of  range  ono  west,  and 
sections  three  and  four  of  township  six  south,  of  range  one  west,  corner,  and 
running  thence  south  to  the  north-eastern  or  right  bank  of  the  Guadalupe 
river;  thence  down  the  said  bank  of  the  said  river  to  a  canal  connecting  said 
river  with  an  arm  of  said  slough ;  thence  along  the  said  canal  to  the  said  arm 
of  said  sloucjh  ;  thence  down  the  north-eastern  bank  of  said  arm  of  said 
slough,  to  the  junction  thereof  with  said  Steamboat  slough;  thence  up  the 
south-western  bank  of  said  slough  to  the  place  of  beginning,  containing  sixty 
acres  more  or  less."  In  accordance  with  the  second  section  of  the  Act  Messrs. 
Rowley  and  Hutchinson  paid  into  the  office  of  the  County  Treasurer,  April 
19,  18G2,  the  sum  of  sixty  dollars,  as  the  purchase  money,  and  a  patent 
therefor  was  issued  to  them  under  the  great  seal  of  the  State,  May  1,  1862. 
The  Act  also  directed  the  said  Rowley  and  Hutchinson,  and  the  survivor 
of  them,  to  forthwith  grant,  bargain,  sell,  and  convey,  the  lob,  or  part  of  the 
lot,  according  to  the  plot  of  said  Town  of  Alviso,  which  is  included  within 
the  boundaries  of  the  aforesaid  tract  of  land,  to  the  person  having,  holding, 
or  claiming,  the  same,  by  himself  or  his  tenant,  under  title,  or  claim  of  title, 
derived  from,  under,  or  through,  the  grantee  of  the  Rancho  "  Rincon  de  los 
Esteros,"  upon  such  persons  paying  to  said  Trustees,  said  Rowley  and  Hut- 
chinson, or  the  survivor  of  them,  the  sum  of  six  dollai-s,  for  the  expenses  of  the 
execution  of  each  conveyance,  and  the  further  sum  at  the  rate  of  twenty 
dollars  per  lot  for  the  purchase  money  thereof.  These  conditions  were  not 
altered  in  the  case  of  the  Trustees  themselves,  section  four  making  it  a  sine 


ALVISO    TOWNSHIP.  251 

qua  non  that  they  shall  account  in  the  same  manner  as  in  case  of  conveyance 
to  another  person.  Sections  five  and  six  authorized  the  sale  of  lots  and  directed 
that  the  streets  and  alleys  should  remain  untouched,  while  seven,  directed 
the  application  of  the  purchase  money  as  follows:  "First — They  shall  letain 
for  their  own  use  the  sum  of  sixty  dollars,  for  the  amount  paid  by  them  to 
the  County  Treasurer  of  said  county.  Second — Tliey  shall  retain  the  amount 
necessarily  expended  by  them  in  procuring  the  title  to  said  tract  of  land,  and 
in  surveying  the  same,  if  they  shall  have  the  same  surveyed.  Third — The 
remainder  of  the  purchase  money  shall  be  paid  by  them  to  the  Trustees  of 
the  school  district  which  includes  the  Town  of  Alviso,  for  the  support  of 
common  schools  in  said  district.  The  said  Rowley  and  Hutchinson,  or  the 
survivor  of  them,  shall  once  each  year  render  an  account  to  the  Trustees  of 
said  school  district  of  the  money  received  and  paid  out  by  them,  and  shall, 
at  the  same  time,  pay  over  to  the  said  Trustees  the  money  herein  provided 
to  be  paid  to  them." 

At  the  present  time,  the  town  of  Alviso  is  a  quiet  place,  In  the  Summer 
months,  a  considerable  trade  is  done  by  means  of  several  sailing  vessels  and 
one  or  more  steamboats.  It  contains  several  handsome  warehouses,  and  the 
famous  flour-mill,  a  history  of  which  will  be  found  below,  while  through  its 
center  passes  the  line  of  the  South  Pacific  Coast  Railroad,  but  owing  to  some 
difiiculty  between  the  Company  and  the  citizens,  no  depot  has  been  erected, 
time  being  barely  given  to  drop  the  mail,  or  take  up  passengers. 

There  are  some  residents  who  are  still  sanguine,  and  predict  a  great  future 
for  the  little  town.  We,  unhappily,  are  under  the  impression  that  the  true 
legend  is  Ichabod !  Ichabod !  The  glory  is  departed ! 

Like  every  town  of  pretensions.  Alviso  has  its  lodge.  It  has  no  church — 
it  never  had  any — but  its  only  secret  society  is  in  a  most  pro.sperous  condi- 
tion. 

Alviso  Lodge,  No.  77,  A.  0.  U.  W. — This  lodge  was  instituted  Januaiy  15, 
1879,  with  the  following  charter  members:  S.  F.  Ayer,  P.  Borden,  H. 
Carter,  O.  P.  Emerson,  M.  D.  French,  A.  T.  Gallagher,  Jr.,  I.  B.  Hart,  C.  H. 
Harker,  J.  Karr,  A.  W.  Mills,  H.  W.  French,  J.  W.  Meads,  F.  Martin, 
J.  Pelle,  W.  Shields,  C.  W.  Vandegrift,  F.  Wells,  M.  Wagner,  W.  Zanker. 
The  original  officers  were:  C.  W.  Vandegrift,  P.  M.  W.;  M.  D.  French, 
M.  W.;  John  Karr,  F.;  F.  Wells,  O.;  W.  H.  Woods,  Reed.;  J.  Pelle,  Fin.; 
J.  W.  Mead.s,  Recr.;  O.  P.  Emerson,  G.;  C.  H.  Harker,  I.  W.;  W.  Zanker, 
O.  W.  The  lodge  meets  every  Tuesday  evening,  has  a  present  membership 
of  twenty-six,  and  the  officers  for  the  current  term  are:  F.  Wells,  P.  M.  W.; 
J.  R.  Billings,  M.  W.;  M.  D.  French,  F.;  C.  W.  Love,  O.;  W.  H.  French, 
Reed.;  John  Karr,  Finan.;  J.  W.  Meads,  Recr.;  C.  L.  McComas,  G.;  Peter 
Borden,  I.  W.;  A.  Jones,  O.  VV. 


252 


HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 


Besides  the  several  large  warehouses  mentioned  before,  which  do  not  pre- 
cisely come  under  the  head  of  what  we  mean  by  "  industries,"  Alviso  pos- 
sesses but  one  manufactory  of  importance,  viz.,  its  flour-mill. 

Alviso  Mills. — This  enterprise  was  started  in  the  year  1853,  by  Colonel 
A.  B.  Rowley  and  George  Adams,  the  edifice  being  at  that  time  constructed 
under  the  superintendence  of  George  H.  Lewis.  The  mill  is  at  present  the 
property  of  Frank  Bray;  is  run  by  a  one  hundred  and  fifty  horse-power 
engine;  has  a  capacity  of  three  hundred  and  fifty  barrels  of  flour  in  the 
twenty-four  hours;  supplied  with  six  run  of  stones;  and  is  the  largest  estab- 
lishment of  the  kind  in  the  county.  Connected  with  it  is  the  large  ware- 
house with  a  storage  of  five  thousand  five  hundred  tons,  while  every  facil- 
ity exists  for  the  shipping,  storing,  and  discharging  of  grain. 


BURNETT  TOWNSHIP.  253 


BURNETT  TOWNSHIP. 


Geography. — Geograpliically  speaking  Burnett  township  is  situated  in  the 
eastern  portion  of  Santa  Clara  county,  and  occupies  a  considerable  portion  of 
the  vast  Santa  Clara  valley. 

Topography. — There  is  considerable  of  sameness  in  the  topography  of  this 
township,  comprising  the  large  level  plain — the  bottom  of  the  valley — and 
the  range  of  mountains  to  the  east  and  west.  The  highest  point  in  the  town- 
ship is  the  "Loma  de  Tora,"  now  known  as  Murphy's  Peak,  situated  due 
west  of  Burnett  Station. 

Soil. — The  soil  of  this  township  is  equal  in  productiveness  to  any  other 
portion  of  the  county.  Towards  the  center  of  the  valley  it  is  of  a  sandy 
nature,  while  near  the  foot-hills  it  becomes  a  rich  adobe. 

Products. — Like  nearly  every  portion  of  the  Santa  Clara  valley,  Burnett 
township  will  produce  anything  and  everything.  Grain,  fruit  and  vegetables 
are  cultivated  to  a  large  extent,  while  the  line  of  railroad  running  through 
its  center  offers  great  vacilities  for  tran.sport. 

Timber. — Not  much  timber  is  to  be  found  in  Burnett  township,  though 
there  is  sufficient  to  supply  the  wants  of  its  inhabitants. 

Climate. — Like  in  other  parts  of  the  county,  Burnett  township  has  an 
equable  climate,  and  though  ranging  hot  in  the  months  of  July  and  August, 
are  not  too  oppressive,  but  rather  conduce  to  the  harvesting  which  is  then 
prosecuted  with  much  vigor. 

Early  Settlonent. — This  township  which  received  its  name  after  the  first 
Governor  of  California,  Peter  H.  Burnett,  is  occupied  chiefly  by  a  number  of 
thrifty  farmers,  there  being  no  towns  Avithin  its  boundaries.  The  first 
settlers  to  locate  within  its  confines,  other  than  the  early  Spanish  rancheros, 
were  the  Murphy  family — Martin  Murph}',  Sr.,  his  wife  and  children.  This 
was  in  the  year  1844.  Here  they  established  themselves,  entered  into  the 
pursuit,  then  common,  of  stock-raising,  and  built  a  residence  not  far  from  the 
Eighteen-mile  House,  at  the  mouth  of  the  Coyote  creek. 

The  next  family  to  arrive  was  that  of  Captain   William  Fisher,  a  gentle- 


254  HISTORY    OF   SANTA   CLARA   COUNTY,    CALIFORNIA. 

man,  who,  coining  from  Lower  California,  in  1845,  where  he  had  resided  for 
some  years,  purchased  the  Rancho  Laguna  Seca,  and  occupied  it  until  his 
death,  which  was  the  first  in  the  township,  when  his  family  succeeded  to  his 
estate,  a  portion  of  which  is  now  occupied  by  them. 

These  two  families  would  appear  to  have  been  the  only  residents  of  Bur- 
nett township  until  1852,  in  which  year  William  Tennant  settled  where  the 
Twenty-one-mile  House  now  stands.  This  gentleman  informs  us  that  when 
he  arrived,  there  were  no  farms  inclosed,  and,  save  a  little  grain  put  in  by 
Bernard  Murphy,  no  cultivation  of  any  kind  was  carried  on.  Soon,  however, 
the  richness  of  the  soil  became  apparent,  and  to-day  the  land  is  one  of  teem- 
ing plenty. 

The  first  frame  building  erected  in  the  township,  was  the  "  Twelve- 
mile  House;"  but  prior  to  this  there  were  a  few  adobe  buildings.  The  first 
orchard  was  planted  by  Dan.  Murphy,  at  the  back  of  his  location,  while  the 
first  vineyard  was  the  effort  of  Captain  Fisher's  enterprise. 

The  population,  at  the  present  time,  is  five  hundred  and  forty — all  engao-ed 
in  agricultural  pursuits,  while  it  possesses  the  election  precincts  of  Burnett 
and  Highland,  and  the  school  districts  of  Burnett  and  Coyote. 

Tennant's  Station. — This  point  on  the  route  of  the  Southern  Pacific  Rail- 
road, is  a  hotel  and  blacksmith's  shop.  The  first  of  these  was  orio-inally 
known  as  the  Twenty-one-mile  House,  and  was  built  by  William  Host  in 
1852.  It  was  then  a  two-story  building  twenty  by  twenty-five  feet.  In 
November  of  that  year  the  property  was  purchased  by  William  Tennant,  but 
the  house  was  unfortunately  destroyed  by  fire  in  1853.  Mr.  Ten- 
nant, however,  at  once  commenced  its  reconstruction,  as  it  stands  at 
present,  two  stories  in  height,  twenty -two  by  thirty-six  feet,  with  two  wino-s 
eighteen  by  twenty  feet,  and  sixteen  by  eighteen  feet  respectively.  Here 
Mr.  Tennant  conducts  the  post-office,  which  was  established  April  5,  187l. 

In  1876  this  same  enterprising  gentleman  erected  a  blacksmith's  shop, 
which,  though  at  first  intended  for  private  work,  is  now  used  by  the 
neighborhood  generally. 


FKEMONT    J'UWN.SIIU'.  255 


FREMONT  TOWNSHIP^ 


Geography. — Fremont  township  is  bounded  on  the  north  by  San  Mateo 
count}-  and  a  portion  of  the  Bay  of  San  Francisco;  on  the  eastby  Alvisoand 
Santa  Clara  townships;  on  the  south  by  Redwood  township,  and  on  the 
west  by  San  Mateo  county. 

Topography . — The  topography  of  this  township  cannot  be  said  to  possess 
much  variety,  it  for  the  most  part  being  level  valley  land,  ranging  towards 
the  western  border  into  hilly  country,  which,  rising  tier  above  tier,  finally 
attains  a  considerable  altitude,  these  being  for  the  most  part  timber 
ground.  That  portion  facing  on  the  San  Francisco  bay  is  entirely  marsh 
land  decussated  by  many  creeks,  sloughs  and  water-ways;  some  navigable 
and  others  not. 

Soil. — The  soil  of  this  township  is  not  a  whit  behind  that  of  any  other 
portion  of  the  county,  the  rich,  alluvial  lands  of  the  level  country  possessing 
marvelous  properties  in  the  production  of  grain,  fruit  and  vegetables,  while 
the  higher  lands  afford  ample  pasturage  for  stock  of  every  kind. 

Products. — The  produce  of  this  section  is  entirely  in  keeping  with  those- 
of  other  parts  of  the  valley.  Grain  is  grown  in  immense  quantities,  the 
harvest  each  year  apparently  increasing ;  butter  is  made  to  some  extent ; 
there  is  scarcely  a  house  without  an  orchard,  large  or  small,  while  vegetables 
are  raised  in  great  variety  and  profusion. 

Timber. — That  portion  of  the  township  bordering  on  the  eastern  heights 
of  San  Mateo  is  pretty  generally  covered  wnth  redwoods,  although  the  saw- 
mills supplied  from  them  are  entirely  located  in  the  adjoining  county.  It  is 
estimated  in  Fremont  township  there  are  still  from  fifteen  to  twenty  thou- 
sand acres  of  timber  lands.  Before  the  settlement  of  the  country  by  Ameri- 
cans, the  valley  was  covered  to  a  much  greater  extent  than  it  is  to-day  with 
white  and  live-oaks,  sycamores,  chemisal,  and  a  dense  jungle  of  undergrowth. 
With  the  advance  of  years  many  of  the.se  prime  trees  have,  fallen  victims  to 
the  woodman's  ax,  while  indomitable  perseverance  has  cleared  aw^ay  the 
brushwood,  and  left  a  park-like  landscape,  covered  with  teeming  plenty. 

Climate. — The  climate  of  the  entire  township  cannot  be  described  as  any- 


256  HISTORY    OF    SANTA    CLARA    COUNTY,   CALIFORNIA. 

thing  but  fine.  Warm  days  occur  as  they  should  in  their  proper  season ;  the 
same  may  be  said  of  the  colder  weather.  Beinp;-  within  ken  of  the  Bay  of 
San  Francisco  the  cfeneral  influence  of  the  sea-breezes,  without  the  strono 
trade-winds,  is  felt,  while  there  is  no  time  of  the  year,  from  April  till  October, 
that  out-door  labor  may  not  be  conducted  with  profit  to  pocket  and 
person  alike. 

Early  Settlement. — It  Avill  be  acknowledged  on  every  hand  that  to  treat 
of  the  early  settlement  of  a  district,  is  a  task  requiring  research  and  patience. 
In  our  travels  in  Fremont  township,  the  oldest  resident  we  have  been  able 
to  converse  with  is  the  wife  of  Captain  A.  Greer,  now  residing  about  a  mile  and 
a  half  from  Mayfield.  This  lady  is  the  daughter  of  Rafael  Soto,  the  original 
owner  of  the  Rinconada  del  Arroyo  de  San  Francisquito  and  one  of  the 
very  earliest  settlers  in  the  Pueblo  de  San  Josd,  where  she  was  born  in  the 
year  1817.  About  the  year  1827,  she  accompanied  her  father  to  the  Mar- 
tinez Rancho,  now  in  the  adjoining  county  of  San  Mateo,  and  there  resided 
with  him  until  he  obtained  the  San  Francisquito  grant.  In  the  year  1835 
they  took  possession  thereof,  and  erected  a  dwelling  near  the  site  of  the  resi- 
dence at  present  occupied  by  Doctor  Newell,  of  San  Francisco.  This  house 
■was  built,  says  Mrs.  Greer,  of  redwood  sawed  with  a  whip-saw  on  the  Mar- 
tinez Rancho,  and  conveyed  thence  in  the  primitive  wagons  and  along  the 
still  more  primitive  roads  of  the  period.  It  was  one  story  in  height,  con- 
tained three  rooms,  and  was  the  first  house  in  the  township.  Two  years 
later,  we  are  informed,  the  Fathers  of  the  Santa  Clara  Mission  constructed 
an  adobe  for  the  use  of  their  Indians,  not  far  from  where  Secundino  Robles 
now  resides,  while,  about  the  same  time,  another  fabric  of  that  ilk  was 
constructed,  and  still  stands  on  the  property  of  ex-Governor  Stanford.  It  was 
occupied  by  Antonio  Buelna,  and  from  having  a  position  in  close  proximity 
to  the  creek,  was  known  as  El  Paso  del  Arroyo.  Prior  to  the  building  of 
this  house,  however,  Soto  had  discovered  the  navigability  of  the  San  Fran- 
cisquito creek,  had  chartered  some  small  craft  to  attempt  a  voyage  up  its 
tortuous  way,  had  met  them  at  its  mouth,  where,  armed  with  a  flag,  he 
directed  their  winding  and  precarious  course,  and  finally  guiding  them  to 
their  destination,  loaded  them  with  hides  and  established  an  embarcadero 
which  is  still  in  use. 

The  country  was  wild  in  the  extreme ;  hill  and  valley  were  alike  impene- 
trable; the  lower  grounds  bore  a  crop  of  naught  save  chaparral  and  tangled 
undergi'owth;  trails  were  numerous  but  ran  in  perplexing  confusion;  trav- 
eling was  dangerous,  for  beasts  of  prey  were  plentiful,  while  all  around  bore 
evidence  of  impossible  fertility.  What,  then,  must  have  been  thought  of 
John  Coppinger,  who,  as  long  ago  as  1837,  tilled  the  soil  of  Sehora  Maria 
Antonia  Mesa,  the  widow  of  Rafael  Soto,  on  ground  now  owned  by  Henry 


^ 


<^^t<M>^>^(     0^!yt^^-cyl/^ 


FREMONT   TOWNSHIP.  257 

W.  Seals,  near  Mayfield.  Coppinger,  who  owned  the  tract  of  lanrl  in  San 
Mateo  bearing-  his  name,  had  no  domicile  in  Santa  Clara  county,  but  in  1837 
married  Maria  Luisa  Soto,  who  is  ncjw  Mrs.  Greer.  As  this  was  the  fir.st 
marriage  connected  with  this  township,  let  us  glance  back  at  tin;  merry- 
makings that  then  occurred.  At  an  early  hour  of  that  bright  and  beautiful 
day  two  equestrians,  mounted  on  a  single  hor.se,  might  have  been  seen  thread- 
ino-  their  way  through  the  mazes  of  brushwood  en  route  to  the  Santa  Clara 
Mission.  These  were  a  man  and  woman;  he  in  the  prime  of  life,  .she  in  the 
first  blush  of  maidenhood.  The  sacred  edifice  attained,  the  two  are  joined  in 
accordance  with  the  Holy  Catholic  Faith ;  the  ceremony  ended,  the  faithful 
steed  is  once  more  mounted,  and  the  newly-made  man  and  wife,  alone  with 
their  happiness,  their  love,  their  hopes  and  their  fears,  commence  the  journey 
of  life.  Arriving  at  the  homestead  it,  is  found  that  every  preparation  has 
liecn  made  for  a  wedding  fea^t  of  more  than  ordinary  grandeur;  congratu- 
lations are  showered  in  from  every  side;  the  guests  bidden  to  the  fete  give 
way  to  joy  and  gaiety  unrestrained;  to  regale  the  inner  man,  a  weighty 
beeve  has  been  roasted  whole  among  the  bright  embers  which  still  smoulder 
at  the  bottom  of  the  trench,  viands  are  spread  in  prodigious  profusion,  the 
fiesta  gives  way  to  the  dance,  the  dance  to  more  feasting  ;  day  succeeds 
nio-ht  and  still  the  joyou.sness  continues,  until  the  third  day  is  ended,  when 
each  returns  to  his  home,  carrying  in  his  mind  recollections  which  many 
years  of  the  "  whips  and  scorns  of  time  "  will  leave,  unimpaired. 

The  next  to  settle  in  the  district,  was  one  Jose  Pena,  a  Spaniard,  who 
owned  the  grant  known  as  the  Rancho  Santa  Rita,  but  in  what  year  he 
came,  we  have  been  unable  to  trace.  About  1848  he  sold  his  property  to 
Secundino  Robles  who  came  to  the  district  at  that  time  and  still  resides  on  a 
poi'tion  of  the  original  estate.  This  gentleman  of  pure  Castilian  descent, 
was  born  in  Santa  Cruz  in  the  year  1813,  and  was  a  resident  of  tliat 
place  until  he  moved  into  this  county.  In  1824  he  became  acquainted 
with  the  existence  of  the  New  Almaden  mine,  and  with  his  brother  Teodoro 
Robles,  received  four  shares  in  the  co-partner.ship  formed  in  November,  1845, 
to  work  the  mines  by  one  Andres  Castillero;  in  1846  he  commanded  a 
troop  of  Mexican  cavahy,  during  the  troublous  times  being  taken  prisoner, 
when  he  broke  his  sword  in  twain,  and  thus  surrendered  it  to  his  captors; 
two  years  later,  as  stated  above,  he  acquired  the  Santa  Rita  Rancho.  Here 
he  found  an  adobe  built  by  Pena,  it  is  thought  about  the  year  1840;  to  this 
structure  Robles  added  in  1849;  later,  he  made  some  frame- work  additions, 
and  on  the  roof  laid  a  dancing  floor,  where,  his  neighbors  in  by-gone  days 
were  wont  to  trip  "  the  light  fantastic  toe."  To  the  rear  of  the  premises 
stand  some  rare  old  pear  trees,  weather-beaten  mementoes  of  the  past,  but 
which  still  bear  excellent  fiuit,  and  a  couple  of  vines,  planted  five-and- 
twenty  years  ago,  whese  rich  clusters  yet  hang  in  luscious  profusion;  under 
"^  17 


258  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

this  wide-spreading  canopy,  it  was  that  Secundino  recounted  to  us  the  exploits 
of  his  more  youthful  days.  At  his  mansion  in  its  palmiest  days,  the  stage 
changed  horses,  long  before  the  line  of  the  county  road  had  been  diverted; 
here  was  he  in  the  habit  of  dispensing  an  open  hospitality ;  at  his  board  the 
guests  were  many,  on  his  estate  the  hunters  were  not  a  few,  when  such 
game  as  bear,  panther,  and  deer  were  thick  in  the  jungle.  Secundino  Robles 
to-day  is  a  fine-looking  old  gentleman  standing  over  six  feet  in  height,  with 
well-cut  features,  and  noble  presence,  while  his  dark-eyed  wife  is  a  fit  com- 
panion for  his  robust  old  age,  notwithstanding  the  family  of  niue-and-twenty 
children  she  has  given  to  the  world.  His  acres  are  not  as  many  as  in  the 
days  when  he  was  bounded  by  Rafael  Soto  to  the  north  and  Mariano  Cas- 
tro (who  had  no  actual  domicile  here),  to  the  south,  yet  we  trust  that  suffi- 
cient may  long  remain  to  him  to  keep  the  wolf  from  the  door. 

To  John  W.  Whismfan  is  the  honor  of  beins:  the  first  American  settler  in 
Fremont  township.  This  worthy  pioneer  was  a  native  of  Wythe  county, 
Virginia,  and  after  enduring  the  many  hardships  consequent  on  crossing  the 
plains  at  so  eai'ly  a  date,  settled  about  half  a  mile  from  where  an  inn  was 
afterwards  built  and  named  the  Fremont  House,  in  1847,  not  far  from 
Mountain  View.  In  the  following  year,  1848,  his  cousin,  John  Whisman, 
arrived  on  the  scene,  and  located  on  the  ground,  a  portion  of  which  is  now 
occupied  by  the  depot  of  the  Southern  Pacific  Railroad  at  Mountain  View 
Station.  To  save  confusion  the  last-named  settler  in  after  years  became 
familiarly  kncjw  as  "  Old  John."  These  and  their  families  and  one  Creigh- 
ton,  who  dwelt  near  them,  were  without  doubt  the  first  pioneer  settlers  of 
the  township.  The  first  death  that  had  deprived  the  small  community  of 
one  of  its  number,  was  that  of  Alpha  Whisman,  in  1848.  In  the  next 
year,  however,  1849,  there  was  an  undoubted  accession  to  the  population, 
for  we  learn  of  the  birth  of  Joseph  Palmer  Whisman;  the  double  marriage  of 
Andrew  Whisman  to  Serelda  Whisman,  and  David  Campbell  to  Mary 
Whisman  in  September  1849;  while,  at  about  the  same  time,  M.  W.  Dixon, 
himself  a  son-in-law  of  Mr.  Whisman,  arrived  and  took  up  his  residence  in 
the  .section.  In  November,  1849,  James  Lynn  and  Washington  Moody,  his 
son-in-law,  lived  and  kept  the  Fremont  House  who  bought  it  from  the  origi- 
nal proprietor  named  Harlan,  who  settled  there  about  1848.  This  establish- 
ment stood  where  Dan  Murphy  now  resides  on  the  property  of  John  Sul- 
livan. 

Up  to  the  end  of  1849  it  will  be  observed  that  the  township  was  but 
sparsely  settled ;  indeed  we  cannot  find  that  any  other  settlers  than  these 
already  named  came  into  this  portion  of  the  valley.  In  the  Fall  of  1850, 
however,  a  better  start  was  made.  Martin  Murphy,  who  had  come  to  the 
State  as  long  ago  as  1844,  but  who.se  family  had  settled  in  other  portions  of 
the  county,  came  down  from  the  Sacramento  distriet,  acquired  the  Pastoria 


FREMONT    TOWNSHIP.  259 

lie  las  Borregas  of   Mariano  Castro,  aud  in  tliu  mouth  of   September  of  that 
year  coinmenced  the  erection  of  the  house  he  now  occupies.     The  original 
portion  of  the  residence  was  brought  out  in  pieces  i-ouiid  Cape  Horn  from 
Boston  and  put  up  where  it  now  stands,  about  half  a  mile  from  the  railroad 
<lepot  at  Murphy's.     At    this  same  time  there  came  Edward  Dale,  and  a 
month    later,  in    November,  Barnes    Holloway  and    two    ministers  of   the 
Cumberland  Presbyterian  church,  named  C.  Yaeger  and  Wesley  Gallimore. 
These,  in  partnership  with  Dale,  rented  land  from  Mariano  Castro,  but  each 
farmed  a  portion  on  his  own  account.     About  this   period  a   man   named 
Frost  settled  on  the  Hollenbeck  farm,  while  soon  after  the  ground  to  the 
back  of  that  tract  was  taken  up  by  William  Wright,  who  still  resides  on  it. 
During  the  Winter  of  1850-51,  Abner  Bryant  came  from  Gilroy,  where  he 
had  resided  for  some  years,  and  located  close   to    Dale  and  the  others,  at 
what  is  now  Mountain  View  Station.     At  this  period  the  upper  portion  of 
the  township  was  without  a  permanent  resident,  except  the  Spanish  families. 
True,  there  was  working  in  the  redwoods  and  teaming,  "  Uncle  Jim  "  Otter- 
son,  bvit  it  is  doubtful  if  he  had  a  fixed  abode  within  what  are  now  the 
township  lines.     This  we  do  know,  for  he  says  so  himself,  that  early  in  1851 
lie  settled  on  what  is  now"  th(;  Stanford  ranch,  and  thinking  it  to  be  Govern- 
ment land  he  afterwards  disposed  of  it  to  David  Adams  who  in  turn  sold  it 
to  Delavan  Hoag,  when  the  property  became   known  as  the  Hoag  Place. 
This  old  pioneer  was  born  in  Truro,  Nova  Scotia,  May  5,  1805,  and  is  now 
a  resident  of  San  Mateo  county.     In  the  Spring  of   1851,  Milton  A.  Lewis, 
from  Missouri,  settled  on  the  farm  now  occupied  by  John  W.  Boulware  near 
Mayfield,  while,  the  period  is  made  memorable  by  the  establishment  of  the 
fii-st   school    in    the    township.     The    number    of   children   had    so    rapidly 
increased  that  it  was  'deemed  desirable  to  open  some  place  wherein  instruc- 
tion might  be  given  to  those  desiring  it.     To  this  end  a  sum  of  money  was 
subscribed,  a  cabin  erected  on  the  site  of  the  present  railroad  warehouse, 
and  the  charge  given  to  Rev.  W.  Gallimore,  who  had  promised  to  undertake 
the  labors  provided  tw^enty-five  pupils  were  forthcoming.     But  this  was  not 
the   only  benefit  accruing  from    this  scheme.     On  the    completion   of  the 
school  building,  regular  services  were  inaugurated,  the  pastors  being  Messrs. 
Yaeger  and  Gallimore,  while  it  was  arranged  that  once  a  month  the  edifice 
should  be  handed  over  to  the  Methodist  and  Baptist  Bodies,  the  first  clergy- 
men alternating  being  Revs.  Messrs.  Bailey,  now  residing  near  Santa  Clara, 
and   Ricketts,  of  the  Baptists.     In  the  year  1851,  there  also  settled  near 
Mountain  View,  E.  Jenkins,  B.  C.  Bubb,  W.  H.  Bubb,  and  William  McClel- 
lan  who  located  on  land  now  the  property  of  S.  P.  Emerson. 

With  the  new  year  the  march  of  immigration  continued.  Early  in  1852, 
Nathan  Hon  arrived  and  bought  out  Abner  Bryant,  but  some  time  after 
was  removed  from  the  ground  he  occupied,  it  not  being  Government  land, 


260  HISTORY    OF   SANTA    CLARA    COUNTY,    CALIFORNIA. 

when  he  left  for  Gihoy,  Bryant  proceeding  to  Salinas.  Messrs.  Blair,  Mead- 
ows, Clark,  Joel  Levin,  and  Blazer  too  came  about  this  period,  while  William 
Ware  settled  on  the  land  now  owned  by  B.  C.  Bubb.  I.  N.  Graham  took  up 
the  ground  on  which  he  now  lives ;  Richard  Johnson  also  came,  and  earlier 
in  the  year  an  Englishman  named  Curtis  pitched  his  tent  on  what  is  no',v  the 
property  of  Frank  Sleeper.  There  also  located  near  Ware's  place  a  man 
named  Neville,  and  Jacob  Boone.  In  the  Fall  of  the  year,  Richard  Johnson 
disposed  of  his  tract  to  a  new  arrival  named  Thompson,  who  after  occupj'ing 
it  for  three  or  four  years  sold  out  to  S.  P.  Emerson,  Mdio  up  to  that  time  had 
his  home  on  the  Ynigo  Ranch.  In  the  month  of  August  G.  E.  Shore  arrived  j 
the  next  month  E.  F.  Springer  took  up  his  residence,  married  a  daughter  of 
Mr.  Shore  in  the  next  month,  since  when  the  two  families  have  resided  near 
Mountain  View;  thei'e  also  settled  in  that  section  in  the  month  of  Decembei-,  G. 
H.Briggs.  To  the  uppei^'portion  of  the  township  there  came  John  W.  Boulware, 
who  went  on  the  place  described  as  having  been  located  by  Milton  A.  Lewis  in 
1851.  On  arrival  he  found  Silas  Harmon  farming  forty  acres,  or  thereabouts, 
on  what  is  now  Mr.  Seal's  property.  Mr.  Boulware  lemained  in  this  part  of 
the  township  until  December,  1852,  when  he  moved  to  Mountain  View, 
bought  the  unexpired  portion  of  a  lease  from  Rev.  C.  Yaeger,  and  there  resided 
until  1854,  when  he  removed  to  the  Calaveras  valley,  Milpitas  township,  but 
returned  to  Fremont  township  in  1861.  In  December,  1852,  A.  J.  Pitman 
also  located  not  far  from  Mayfield,  near  the  San  Francisc^uito  creek. 

It  is  ahvays  interesting  in  a  work  of  the  nature  of  a  local  history  not  only 
to  note  the  arrivals  of  the  earlier  settlers,  but  to  trace  their  whereabouts  at 
the  time  of  writing.  We  do  not  usually  make  this  a  portion  of  the  scheme 
mapped  out  for  our  guidance  ;  but  while  in  conversation  with  Edward  Dale 
the  question  was  hazarded  as  to  his  knowledge  of  what  had  become  of  the 
foregoing  pioneers.  He  informed  us  that  the  Rev.  C.  Yaeger  was  now  in  charge 
of  a  circuit  in  what  is  known  as  the  Mussel  Slough  country;  Rev.  W.  Galli- 
more  resides  on  his  faim  in  Santa  Clara  township,  adjoining  the  Ynigo  Ranch; 
Blair,  Clark,  and  Blazer  removed  some  years  ago  to  the  Russian  River  val- 
ley; Meadows  died  on  his  farm  in  or  about  1853  or  '54;  Johnson  is  a  resi- 
dent of  PachecO;  Contra  Costa  county;  Curtis  moved  to  Monterey,  where  he 
still  resides;  McClellan  died  in  1861  or  thereabouts;  Froist  is  now  in  Arizona 
Territory  ;  Neville  died  in  1879  ;  and  Boone  is  a  resident  of  Amador  county. 

During  the  Fall  of  1852,  the  first  fencing  was  done  by  Messrs.  Dale,  Hol- 
low ay,  and  Yaeger,  those  then  existing  being  only  on  the  margin  of  water- 
courses, where  they  had  been  left  by  each  recurring  flood.  The  initial 
inclosure  was  commenced  about  where  now  stands  the  prosperous  little  village 
of  Mountain  View  Station,  though  it  is  just  possible  that  the  Spaniards  may 
have  put  up  some  kind  of  an  inclosure  to  protect  the  little  patches  of  water- 
melons and  corn  which  they  cultivated.     In  this  year  was  erected  the  first 


FREMONT   TOWNSHIP.  2G1 

store  iu  the  township  by  Richard  (Jarr,  who  employed  Jacob  Shomway  to 
conduct  it,  in  what  is  now  Old  Mountain  View;  while  the  upper  portion  of 
the  section  was  supplieil  by  William  Paul  from  a  trading-post  he  had  estab- 
lished on  the  San  Mateo  side  of  the  San  Francisquito  creek  at  the  embarea- 
■dero  of  Ravens  wood. 

The  year  1853  we  find  was  one  of  considerable  moment,  for  the  first  town 
was  started;  but  it  is  not  our  intention  here  to  recount  its  rise  and  progress; 
that  will  be  dealt  with  in  the  history  of  Mountain  View.  Another  note- 
worthy event,  which  will  be  found  recorded  elsewhere,  was  the  construction 
by  James  Otterson,  at  what  is  now  Ma3'field,  of  the  famous  "  Uncle  Jim's 
Cabin,"  a  house  of  entertainment  which  in  the  olden  times  had  a  wide  celeb- 
rity. Of  the  settlers  who  arrived  at  this  epoch  we  have  been  only  able  to 
trace  the  names  of  Jonathan  Richardson,  Joseph  Barton,  George  H.  Grant, 
D.  B.  Bailey,  George  Charleston,  George  W.  La  Pierre,  S.  P.  Taylor,  O.  Crit- 
tenden, G.  J.  Fuller,  and  David  Adams;  while,  in  .June  of  that  year  there 
resided  on  the  Dunn  place  in  Maytield,  now  owned  by  Peter  P.  Coutts,  one 
John  Fine,  and  a  man  named  Little  on  what  is  now  ex-Governor  Stanford's 
home  farm ;  Kishener  resided  about  a  quarter  of  a  mile  from  Mayiield  on  the 
county  road,  and  Sandy  Wilson  had  squatted  on  the  Palo  Alto  tract  under 
the  erroneous  impression  that  it  was  Government  land.  About  this  time  the 
Weilheimer  Brothers  opened  a  store  in  Mountain  View,  as  did  also  a  Hun- 
garian called  Ernest,  who  went  bv  the  name  of  "  Doc;"  while  it  was  in  this 
year  that  the  cemetery  at  Mountain  View,  the  only  one  in  the  township,  was 
laid  out  on  land  donated  for  the  purpose  by  Mariano  Castro,  a  gift  which 
speaks  volumes  for  the  liberality  of  that  Spanish  gentleman. 

As  year  gave  place  to  year  the  tidal  wave  of  immigration,  after  beating 
against  the  precipitous  sides  of  the  Rocky  Mountains  and  the  almost  impass- 
able barriers  of  the  Sierra  Nevada,  found  its  endless  way  into  the  valleys  of 
the  Golden   State.     Of  the  hundreds  who  came  to  the  fertile  vale  of  Santa 
Clara  in  the  year  185 4,  there  were  a  few  destined  to  find  homes   within  the 
limits  of  Fremont  township,  among  them   being   Delavan    Hoag,  Mitchell 
Dubbs,  and  George  DeWitt  Gleason.     In  1854,  E.  0.  Crosby  purchased  that 
tract  of  land  now  owned  by  Edward  Barron,  gave  to  it  the  pleasant  name  of 
Mayfield  Farm,  which  in  turn  gave  the  title  to  the  post-office  on  its  estab- 
lishment in  1855,  and  still  later  to  the  thrifty  little  town  which  to-day  bears 
that  appellation.      We  note  that  in  1855  Nathaniel  Eaton  and  M.  Speddiag 
cast  their  lot  in  this  district;  while  in  the  following  year,  1856,  that  ancient 
Scot,  William  Paul,  finding  the  opposition  of  Fuller  too  much  for  his  little 
store    at  Ravenswood,  purchased    the   stock  and  good-will    of    the    latter, 
removed  his  own  little  establishment,  and  })lanted  in  what  is  now  Mayfield 
Besides  Mr.  Paul,  there  also  found  a  dwelling-place  in  tliat  j^ear,  W.  W.. 
Brown,  and  S.  D.  Hosmer. 


262  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

In  the  following  years,  immigration  was  heavy,  and  however  willingly 
we  would  give  the  names  of  each  successive  settler,  we  find  it  impossible  to  do 
so,  hence  we  mention  only  a  few — not  because  there  are  none  others 
equally  as  worthy  of  public  mention,  but  because  we  have  not  the  requisite 
space.  In  1857,  there  arrived  in  Fremont  township  that  worthy  pioneer. 
Judge  Joseph  S.  Wallis.  Coming  to  the  State  at  a  very  early  date,  he,  like 
everybody  else,  took  a  turn  at  the  mines,  but  not  finding  there  that  suc- 
cess which  he  desired,  he  returned. to  San  Francisco,  entered  upon  the  study 
and  practice  of  law,  and  finally  settled  in  May  field  in  the  above  year.  Not 
only  has  Judge  Wallis  been  a  warm  supporter  of  the  public  enterprises  of  that 
village,  but  he  has  always  taken  an  active  part  in  all  matters  appertaining  to 
the  township  in  which  he  has  made  his  home.  Among  the  new-comers  in 
this  year  were,  Joseph  Ponce,  Robert  Brown  and  Henry  Ringstorff,  the 
owner  of  the  landing  -of  that  name,  a  history  of  whose  establishment  there 
we  have  failed  to  procure,  though  several  attempts  to  that  end  have  been 
made.  In  1858,  we  find  these  two  energetic  citizens,  Walter  Henderson,  the 
first  station  agent  on  the  Southern  Pacific  road  at  May  field,  and  Cornelius 
Van  Buren,  formerly  a  public  servant  in  several  capacities,  but  at  present 
General  Superintendent  of  the  Ayrshire  Farm  of  Peter  Coutts.  In  1859, 
John  Snyder,  and  Theodore  F.  Grant  came,  while,  in  18G0,  there  arrived 
genial  John  Duchesneau,  C.  B.  Davidson,  and  last,  though  not  least,  that 
pioneer  of  '47,  the  Honorable  Daniel  Frink. 

Thus  far  we  have  endeavored  to  bring  what  may  be  called  the  early  set- 
tlement of  the  township,  now"  under  consideration,  to  perfection — that  is,  as 
perfect  as  may  be.  Would  that  it  were  possible  to  polish  up  memory,  and 
rectify  chronology;  were  such  a  thing  feasible,  then  the  difliculty  would 
dwindle  into  insignificance,  and  our  task  be  easy ;  as  it  is,  we  have  usually 
had  to  depend  on  precarious  recollections,  foggy  dates,  and  uncorroborated 
testimony.  What  we  have  given  to  the  reader,  has  been  gleaned  from  what 
may  be  termed  the  "weight  of  evidence." 

Mountain  View. — This  peaceful  little  village  is  situated  about  eight 
miles  north  from  San  Jose',  and  worthily  derives  its  name  from  the  splendid 
hilly  prospect  which  meets  the  eye  at  this  point.  It  stands  in  the  center  of 
a  rich  farming  country,  and,  at  one  time  promised  to  be  a  place  of  consid- 
erable importance,  but  the  railroad  having  given  it  the  go-by,  it  has  been 
robbed  of  its  importance  by  its  sister  hamlet  near    the  track  and  depot. 

In  the  year  1852,  when  the  county  road  was  altered  from  its  original  line, 
James  Campbell  erected  a  stage  stand  on  the  site  of  Mrs.  Taylor's  hotel, 
where  the  coaches  changed  horses;  not  long  after,  a  store  was  opened  by 
Jacob  Shoniway  for  Richard  Carr,  on  ground  immediately  opposite  the  hotel, 
where  it  stood  until  a  few  years  ago,  when  it  was  removed  to  the  back  of  the 


FREMONT   TOWNSHIP.  263 

town,  and  is  at  present  occupied  by  Mrs.  Sleeper,  as  a  residence.  It  was  thus 
that  Mountain  View  had  its  commencement.  In  1853,  two  more  stores  were 
erected  by  Weilheimer  Brothers,  and  a  Hungarian,  whose  name  cannot  now 
be  recalled,  save  that  he  was  always  called  "Doc,"  while  a  few  residences 
were  constructed. 

The  lots  were  originally  surveyed  by  F.  Sleeper  and  Mariano  Castro,  and 
laid  out  with  a  due  regard  to  streets,  but  the  settlement  has  been  mainly  on 
either  side  of  the  San  Jose  road. 

In  the  year  1859,  the  Cumberland  Presbyterian  Church  was  built  where 
it  now  stands,  midway  between  the  two  towns,  while  some  years  after  the 
present  elegant  school  house  was  erected.  In  18G9,  S.  P.  Taylor  constructed 
his  hotel,  since  his  death  kept  by  his  widow,  while,  in  187G,  the  attrac- 
tive building,  known  as  Enterprise  Hall,  was  built  by  a  local  association. 

Mountain  View  Lodge,  No.  .?4-^  I-  0.  0.  F. — This  society  was  instituted 
June  2,  1876,  with  the  following  Charter  Membeis:  Edward  E.  Burke, 
Christian  Mayers,  Richard  Harjes,  Samuel  P.  Taylor,  Joseph  F.  Kennedy, 
James  Simp.son,  the  officers  officiating  on  the  occasion  being:  H.  J.  Tilden, 
M.  W.  G.  M. ;  W.  B.  Lyon,  G.  Sec,  assisted  by  James  A.  Lotz,  D.  D.  G.  M.; 
D.  K.  Swain,  D.  D.  G.  M.;  C.  W.  Vandegrift,  P.  G. ;  H.  C.  Mumford,  P. 
G. ;  John  H.  Dibble,  P.  G. ;  C.  V.  Thorn,  P.  G.,  and  C.  Curdts,  P.  G.  The 
officers  elected  for  the  first  terra  were:  J.  F.  Kennedy,  N.  G.;  R.  Harjes, 
V.  G. ;  E.  E.  Burke,  Sec. ;  S.  P.  Taylor,  Treas. ;  while,  on  the  evening  of  the 
institution  no  less  than  thirteen  candidates  were  admitted  by  Initiation. 
The  lodge  has  at  present  fifty-five  members  in  good  standing,  and  the  offi- 
cers for  the  current  yesiv  are:  W.  A.  Woodis,  N.  G. ;  D.  Gartelmann,  V.  G. ; 
S.  A.  Taylor,  P.  G.,  Sec. ;  M.  S.  Loucks,  Per.  Sec. ;  R.  Harjes,  P.  G.,  Treas. 
Half  of  the  building  in  which  the  Lodge  meets  is  owned  by  them,  while  the 
society  is  in  a  flourishing  condition. 

Mountain  Vietv  House. — This  hotel  stands  on  the  site  of  the  original 
building  constructed  in  1852  by  James  Campbell  as  a  wayside  stopping 
place  for  the  stage  to  and  from  San  Jose,  and  was  built  by  S.  P.  Taylor  in 
the  year  18G9,  who  conducted  it  till  his  death,  when  its  affairs  fell  into  the 
hands  of  his  widow  and  fauuly.  It  contains  fifteen  rooms,  besides  a  capa- 
cious hall,  forty-six  by  twenty-four  feet  in  dimensions. 

Enterprise  Hall. — Was  erected  in  the  year  187G  by  an  association  com- 
posed of  residents  of  the  town  and  vicinity.  It  is  tw^enty-six  by  sixty  feet, 
fitted  with  anterooms,  and  otherwise  suited  for  dances,  etc.  It  was  originally 
built  for  the  Odd  Fellows'  Society,  whose  hall  occupies  the  upper  story  of 
the  building. 

Mountain    View    Station.  —  As   its  name  indicates  this  village  is  the 


264  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

depot  of  the  Southern  Pacific  Raih-oad,  and  is  entirely  the  result  of  that 
line  of  communication.  It  .was  laii.l  out  by  Hon.  S.  0.  Houghton,  of  San 
Jose,  in  lots  of  one  hundr'ed  and  fifty  feet  square,  while  about  the  same 
time  another  town  named  Bay  view  was  planned  by  Castro.  So  far  as  can 
be  gleaned  from  the  plat  of  the  village,  recorded  in  March,  1865,  twelve 
blocks  of  six  lots  each  w^ere  projected,  bounded  by  thoroughfares  which 
received  hioh-soundincj  names,  that  to  the  north  being  Front  street;  to  the 
south,  Dana  and  California  streets;  to  the  east,  .View  street,  and  to  the  west. 
Oak  street,  the  site  being  intersected  from  north  to  south  by  Franklin, 
Bryant,  Castro  and  Hope  streets,  and  east  to  west  by  Villa  and  Dana  streets. 

Prior  to  the  commencement  of  any  town  the  railroad  had  a  small  ticket 
office,  situated  in  a  corner  of  one  of  Mr.  Dale's  fields,  superintended  by  a  man 
named  Shirley,  who  was  the  first  station  agent.  In  1864,  on  the  abandon- 
ment of  the  temporary,  building  which  served  as  a  depot,  and  the  construc- 
tion of  the  saloon  of  Shirley  &  Haines,  which  was  purchased  by  the  rail- 
road for  a  station,  the  town  may  be  said  to  have  taken  its  start.  This  was 
the  fir.st  house  in  Mountain  View  Station.  The  next  was  the  hotel,  built 
in  1865  by  Daniel  Fiink  and  Shirley.  It  was  originally  used  as  a  saloon, 
but  afterwards  added  to  until  it  assumed  the  proportions  which  it  shows 
to-day.  The  thii-d  house  erected  was  that  of  Amos  Neif,  in  the  same  year, 
on  the  site  directly  oppo.site  the  hotel,  but  the  railroad  afterwards  acquiring 
the  grouml  it  was  removed  to  its  present  location  in  1865. 

In  the  year  1872  the  Methodist  Episcopal  Church,  South,  organized  a 
congregation  and  built  a  neat  church  building,  under  charge  of  Rev.  Isaac 
L.  Hopkins,  this,  with  the  splendid  brick  warehouses  of  Smith  &  Bubb, 
erected  in  1878,  being  the  onl}^  buildings  of  any  prominence  in  the  village. 
The  secret  societies  are  all  well  represented,  the  stores  appear  to  drive  a 
thriving  trade,  wdiile  the  post-office,  removed  from  the  old  tow^n,  and  agency  of 
Wells,  Fargo  &  Co.,  all  appear  to  have  their  share  of  bu.dness. 

Methodist  Episcopal  Church,  South. — This  Church  was  organized  in  Octo- 
ber, 1872,  and  the  circuit  set  off  under  charge  of  Rev.  Isaac  L.  Hopkins, 
since  wdien  the  following  Reverend  gentlemen  have  occupied  the  pulpit: 
1873-4,  Richard  Pratt;  1875,  L.  C.  Renf ro ;  1876,  C.  P.  Jones;  1877,  Isaac 
L.  Hopkins;  1878,  Isaac  L.  Hopkins;  1879,  George  Sim;  1880,  F.  M. 
Featherston.  The  church,  -which  has  a  s'eating  capacity  of  about  two 
hundred  and  fifty,  was  built  in  1872,  and  is  in  the  Mountain  View  circuit, 
which  also  includes  Bayview,  the  congregation  in  the  former  place  number- 
ing about  one  hundred  and  twenty-five,  and  eighty  or  ninety  in  the  latter. 
.  The  neat  little  edifice  is  situated  on  the  confines  of  Mountain  View  Station. 

Mountain  View  Lodge,  No.  19 4,  F.  &  A.  M. — At  a  preliminary  meeting 
held  October  8,  1868,  the  following  brethren  being  present:     W.  Gallimore, 


FREMONT    TOWNSHIP.  2G5 

H.  N.  Bishop,  S.  Weilheinier,  W.  G.  Jones,  A.  J.  Hoyt,  William  Eppelieinier, 
G.  W.  Smith,  William  Bullanl,  Chris.  Mayer.s,  A.  F.  Board-sley,  G.  W.  Davis, 
it  -was  determined  to  petition,  the  Grand  Lodge  for  the  establishment  of  a 
lodge  at  Mountain  View  Station.  In  <lue  time  Dispensation  was  gi-anted, 
and  the  following  officers  chosen  under  it:  G.  W.  Smith,  W.  M.  ;  G.  W. 
Davis,  S.  W. ;  William  Eppeheimer,  Trcas. ;  A.  J.  Hoyt,  Sec. ;  William  Bul- 
lard,  S.  D. ;  Chris.  Mayers,  J.  D.  ;  W.  G.  Jones,  Tyler.  The  Charter  was 
conceded  December  20,  1809,  with  the  following  officers  named:  G.  W. 
Smith,  W.  M.;  W.  Eppeheimer,  S,  W.;  C.  Mayers,  J.  W.  The  present  mem- 
bership of  the  lodge  numbers  seventeen,  while  they  meet  in  the  Masonic 
Hall  at  Mountain  View  Station,  on  the  first  Tuesday  of  each  month  pre- 
ceding the  full  moon.  Officers  for  the  current  term  are:  H.  McClery,  W. 
M.;  W.  Whitmore,  S.  W.  ;  S.  Weilheimer,  J.  W.;  G.  E.  Shore,  Treas. ;  W. 
Foss,  Sec;  John  Graham,  S.  D.  ;  E.   Young,  J.  D. ;  C.   Mayers,  Tyler. 

Mountain  Vieiu  Lodge,  Ko.59,  A.  0.  U.  IT. — The  Ancient  Order  of  United 
Workmen  organized  their  lodge  No.  59,  October  16,  1878,  with  the  follow- 
ing Charter  Members:  William  F.  Foss,  S.  G.  Isaman,  W.  Babcock,  G.  E. 
Shore,  George  T.  WagstafF,  Walter  Henderson,  J.  M.  Paul,  A.  Alexandei',  J. 
P.  Ponce,  J.  W.  Coulter,  M.  Le  Deit,  N.  A.  Oilman,  Peter  Towne,  J.  L.  Mc- 
Kibben,  E.  A.  Minsch,  L.  Cobleutz.  H.  D.  Robertson,  the  original  officers 
being :  William  F.  Foss,  P.  M.  W.;  G.  E.  Shore,  M.  W.;  Walter  Henderson, 
G.  F.;  W.  Babcock,  O.;  S.  G.  Isaman,  Recorder;  L.  Coblentz,  G.;  N.  A.  Gil- 
man,  Financier;  G.  T.  WagstafF,  Receiver;  John  Paul,  I.  W.;  A.  Alexander, 
O.  W.;  Trustees,  H.  D.  Robertson,  Peter  Towne,  G.  E.  Shore.  The  present 
membership  is  thirty-two,  who  hold  their  meetings  in  the  Masonic  Hall  every 
Saturday  evening.  The  officers  for  the  current  term  are:  N.  A.  Oilman,  M. 
W.;  J.  L.  Ross,  M.  D.,  0.  F.;  J.  C.  Smith,  O.;  G.  T.  Wagstaff,  Recorder;  J. 
R.  Stewart,  G.;  W.  F.  Frost,  Financier;  J.  A.  Hornberger,  Receiver;  M. 
Walters,  I.  W.;   R.  Hodges,  O.  W. 

Oolden  Wreath  Lodge,  No.  327, 1.  0.  G.  T.— The  Good  Templais  instituted 
their  lodge  May  14,  1880,  the  Charter  Members  being:  C.  T.  Springer,  N. 
A.  Oilman,  J.  J.  Mockbee,  Miss  L.  B.  Oilman,  Miss  M.  E.  Smith,  Miss  M.  F. 
Smith.  John  S.  Bailey,  Joseph  E.  Graham,  A.  Crittenden,  Miss  Annie  Cole- 
man, Alick  A.  Cook,  W.  T.  Triplett,  W.  Bracher,  George  Guth,  Henry  HufF, 
W.  Smith,  A.  W.  Muncy,  E.  J.  Gillespie,  David  Jenkins,  Frank  King, 
Jerome  Bailey,  Miss  Maggie  King,  George  R.  Smith,  Frank  Gardner,  Frank 
Morton,  Miss  Grace  Shore,  Miss  Lizzie  Springer,  John  Quirk,  D.  Murphy, 
George  Sim,  T.  S.  Stealy,  the  original  holders  of  office  being  as  follows:  N. 
A.  Oilman,  W.  C.  T.;  Miss  Grace  Shore,  W.  R.  H.  S.;  Miss  Lizzie  Springer, 
W.  L.  H.  S.;  Mifis  Mary  Smith,  W.  V.  T.;  Charles  Springer,  P.  W.  C.  T.: 
J.  S.  Bailey,  W.  Sec;  Miss  Martha  Smith,  A&st.  Sec;  A.  Crittenden,  W.  F. 


266  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

Sec;  J.  S.  Mockbee,  W.  Treas.;  Alick  A.  Cook,  W.  I.  G.;  W.  T.  Triplett,  W. 
0.  G.;  Miss  Lizzie  Gilman,  W.  Marshal  ;  Miss  Maggie  King,  Asst.  Marshal; 
Chaplain,  Rev.  Geo.  Sim;  E.  J.  Gillespie,  D.  D.  G.  W.  C.  T.  The  present 
membership  is  thirty-one,  and  meets  every  Friday  at  Congress  Hall.  The 
officers  for  the  current  term  are:  W.  T.  Ti'iplett,  W.  C.  T.;  A.  Muncy,  W. 
R.  H.  S.;  H.  Huff,  W.  L.  H.  S.;  Miss  Lillie  Gilman,  W.  V.  T.;  N.  A.  Gihiian, 
P.  W.  C.  T.;  D.  Jenkins,  W.  Sec;  Alick  A.  Cook,  W.  F.  Sec;  J.  Mockbee, 
W.  Treas.;  W.  Smith,  W.  Marshal;  F.  King,  Asst.  Mar.;  Miss  Cynthia 
Mockbee,  W.  I.  G.;  T.  Stealy,  W.  0.  G.,  John  Bailey,  W.  Chaplain;'  E.  J. 
Gillespie,  D.  D.  G.  W.  C.  T.   "^ 

Mountain   View  Hotel. — This  hostelry  was  originally  built  in  the  year 

1865  by  Daniel  Frink  and Shirley,  and  was  by  them  conducted  for 

two  years,  when  it  was  purchased  by  S.  Weilheimer,  and  rented  by  him  for 
several  years,  though  lie  now  has  it  under  his  own  management.  It  is  situ- 
ated on  the  corner  of  Castro  and  Front  streets  in  close  proximity  to  the  rail- 
road depot,  contains  thirteen  rooins,  and  will  be  found  worthy  the  attention 
of  transient  guests. 

Warehouses. — The  two  substantial  brick  warehouses  situated  here  were 
constructed  and  completed  in  May,  1878,  by  J.  A.  Wright,  of  Mountain 
View,  for  Messrs.  Smith  and  Bubb.  The  one  built  for  the  storage  of  hay  is 
one  hundred  and  sixty  by  fifty-six  feet,  twenty  feet  in  the  clear,  and  has  a 
capacity  of  about  one  thousand  five  hundred  tons.  That  used  for  grain  is 
one  hundred  and  sixty -three,  by  forty-eight  feet,  is  fourteen  feet  in  the  clear, 
with  a  capacity  of  about  twenty  thousand  sacks.  Up  to  the  present  these 
buildings  have  been  found  of  paramount  advantage  to  shippers,  during  the 
last  season  both  of  them  havinofbeen  filled  to  their  utmost. 


o 


Mayfield. — In  the  year  1853  what  is  now  the  beautiful  farm  of  Edward 
Barron,  was  located  on  by  E.  0.  Crosby,  who  gave  it  the  name  of  Mayfield, 
which  has,  as  we  have  remarked  befoi^e,  been  transmitted,  first  to  a  post- 
office  and  then  to  the  town,  and  too  much  credit  cannot  be  given  to  the 
gentleman  who  laid  out  the  town  for  continuing  the  sweet  sound  instead  of 
adding  to  the  already  too  long  list  of  villes  and  cities  in  California.  But 
steady !  Mayfield  was  not  the  town  of  that  name  yet.  Where  it  now  stands 
had  earned  a  celebrity  of  another  nature 

It  may  be  remembered  that  James  Otterson  had  located  on  what  is  now  the 
ranch  of  ex-Governor  Stanford,  and,  believing  it  to  be  Government  land,  sold 
it  to  David  Adams.  On  perfecting  this  transaction,  he  moved  to  what  is  now 
Mayfield.  By  some  means  or  other  he  had  become  possessed  of  the  knowledge 
that  it  was  the  intention  of  the  authorities  to  divert  the  county  road  from  its 
then  route  below  the  railroad,  to  its  present  line,  he,  therefore,  conceived  the 


FREMONT    TOWNSHIP.  267 

idea  to  construct  a  public  house  on  its  line,  near  where  it  would  cross  the 
road  into  the  redwoods.  The  liuilding  was  completed  August  15,  18.')8;  it 
was  named,  by  common  consent,  "  Uncle  Jim's  Cabin,"  and  when  the  county 
road  was  made,  it  was  found  to  be  on  its  direct  line.  But  there  were  other 
settlers  before  him.  When  he  came  from  the  ranch,  he  says,  a  Mexican 
called  Jesus  Ramos,  lived  on  the  spot  afterwards  occupied  by  James  Dunn; 
under  the  live-oak  tree,  next  to  Peter  Towne's  livery  stable,  there  was  a 
shai 1 1}^  where  dwelt  Pancho  Salazar,  a  Mexican-Indian;  Chatto  Robles  had 
a  house  near  the  residence  of  Mr.s.  Meyers,  close  to  the  Matadero  creek ; 
while,  on  the  bank  of  the  same  stream  dwelt  a  Frenchman,  whose 
name  cannot  be  recalled.  "  Uncle  Jim's  Cabin"  had  a  wide  reputation  in 
those  days,  belated  travelers  often  pushing  their  jaded  beasts,  so  that  the 
hearty  welcome  of  host  and  hostess — for  his  family  had  joined  him  in  1852 — 
might  be  attained  and  comfortable  rest  enjoyed.  The  next  building  to  go  up 
was  the  butcher  shop,  kept  by  Andreas  Ramos  and  Cinovia,  in  1854,  and 
stood  a  little  to  the  south  of  the  brick  building  now  occupied  as  the  agency 
of  Wells,  Fargo  &  Co.  The  next  house  was  a  little  store,  erected  on  the 
oppo.site  side  of  the  brick  store  before  mentioned,  by  C.  J.  Fuller,  in  1855,  to 
be  followed  shortly  after  by  a  blacksmith's  shop,  next  to  it,  owned  by  George 
La  Pierre.  This  building  is  still  in  existence,  being  used  as  an  outhouse  on 
the  farm  of  Peter  Coutts.  Then  Pat.  Clark  put  up  a  shoeing  shop  below 
the  brick  building  already  noted.  In  the  year  1855,  William  Paul  became 
possessed  of  the  tract  of  land  noW  known  as  the  Ayrshire  Farm,  and  at 
Chiistmas,  185G,  finding  that  there  was  not  enough  trade  to  support-two 
stores,  bought  out  Fuller,  brought  down  his  stock  of  goods  from  the  creek, 
and,  wdth  those  purchased,  established  his  emporium,  also  near  where  the 
"  brick  store"  now  stands,  whei-e  he  had  purchased  an  acre  of  ground. 

It  should  have  been  mentioned  that  in  1855,  a  post-office  had  been  estab- 
lished at  Mayfield  and  the  appointment  given  to  James  Otterson,  the  business 
of  the  office  being  conducted  by  his  step-daughter,  Sarah  Ann  Smith.  This 
estimable  lady,  now  the  wife  of  William  Page,  lumber  merchant,  at  May- 
field,  informs  us,  that  at  this  time  mail-matter  was  carried  by  the  stage- 
coaches between  San  Francisco  and  San  Jose,  but  so  primitive  was  the  carry- 
ing service,  that  one  bag  containing  the  letters  would  be  made  up  at  the 
forwarding  office,  for  the  whole  district,  and,  wherever  there  was  a  post-office 
established,  there  w^ould  this  bag  be  opened,  the  letters  for  the  locality  taken 
out,  the  bag  resealed  and  handed  back  to  the  driver.  To  be  sure  the  districts 
of  California  were  not  then  very  populous,  but  in  these  days  of  voluminous 
correspondence,  the  outcry,  were  such  a  plan  still  in  operation,  can  be  more 
readily  assumed  than  explained.  In  this  year  there  was  a  school  building — a 
mere  cabin — standing  under  one  of  the  umbrageous  live-oak  trees,  near  the 
present  school  house.     It  was  taught  by  Miss  Mary  Tice,  of  San  Francisco. 


268  HISTORY    OF    SANTA    CLARA   COUNTY,    CALIFORNIA. 

The  building  now  standi  at  the  corner  of  First  and  Sherman  streets,  and  was 
at  an  early  time,  dubbed  "  The  Herring  Box,"  by  a  facetious  State  Superin- 
tendent. In  this  year  Jerry  Easton  erected  the  dwelling-house  now  occupied 
by  George  La  Pierre,  on  Sherman  street.  Inl  855,  too,  have  we  mention  of 
the  first  wedding,  that  of  A.  Kaiser  to  Miss  Elizabeth  Keisner,  and  the 
death  of  David  Adams,  by  a  fall  from  his  horse,  on  the  road  near  Fuller's 
stoi^e. 

In  1857  "  Uncle  Jim"  made  extensive  additions  to  his  cabin  and  opened  it 
as  a  hotel,  but.  on  the  erection  of  the  Mayfield  Hotel,  on  its  site,  it  was 
transported  to  the  opposite  side  of  the  street,  and  now  does  duty  as  the  res- 
idence and  butcher's  shop  of  C.  Velati.  About  this  time,  or  probably  a  little 
earlier.  Dr.  Gunning,  an  English  physician,  commenced  the  practice  of  his 
profession,  having  departed  from  the  defunct  town  of  Ravenswood;  while  in 
the  same  year,  Judge.,  Wallis  came  to  the  locality,  established  himself  in 
business,  and  has  ever  since  been  the  only  lawj'er  conducting  an  office  in 
Mayfield. 

Thus  matters  would  appear  to  have  rested  for  a  few  years.  The  coming 
of  the  railroad  was  anxiously  looked  forward  to  ;  at  length,  in  or  about  the 
month  of  January,  1864,  it  arrived  at  Mayfield,  but  the  first  station  for  that 
district,  was  situated  about  three-fourths  of  a  mile  from  the  little  town 
where  had  now  gathered  a  considerable  population.  In  the  meantime 
William  Paul  had  become  posses.sed  of  a  house,  located  on  some  land,  which 
he  rented.  To  his  consternation  and  the  chagrin  of  liis  tenant,  who,  we 
believe,  was  John  Duchesneau,  he  found  another  building  being  erected 
directly  in  front  of  him,  and  so  close  that  ingress  and  egress  was  almost 
debarred.  To  hurry  off  at  once  to  San  Francisco,  to  consult  with  the  late 
W.  C.  Ralston,  the  agent  for  the  proprietor,  was  work  of  imperative 
necessity,  the  outcome  of  which  was  that  Paul  purchased  the  balance  of  two 
twenty-acre  lots,  and  conceived  the  idea  of  laying  out  a  town.  Meanwhile 
the  little  community  felt  aggrieved  at  the  position  chosen  for  the  railroad 
depot.  Naturall}^  they  wanted  it  at  Mayfield,  and  steps  were  taken  to  attain 
that  object,  yet  considerable  opposition  was  felt,  but,  after  two  years,  it  was 
brought  down  and  established  on  the  site  of  the  present  buildings,  and  Walter 
Henderson  appointed  the  first  agent  at  Mayfield.  This  building  is  now 
occupied  by  William  Paul  as  a  private  residence. 

The  town  was  laid  out  b}^  William  Paul,  March  20,  1867,  and  surveyed 
by  J.  J.  Bowen,  at  that  time  County  Surveyor,  and  not  long  afterwards 
names  given  to  the  streets  and  their  grading  proceeded  with.  The  town  is 
built  chietiy  on  thi-ee  original  Mayfield  lots,  and  W.  Hawkhurst's  addition, 
while  provision  is  made  for  its  extension  by  the  plots  laid  off  by  L.  Dornber- 
ger  and  F.  W.  Weisshaar.  The  streets  running  north-east  and  south-west 
are  named  Lincoln,  Sherman,  Grant,  Sheridan,  and  Washington,  the  cross 


FREMONT    TOWNSHIP.  269 

streets  being  known  by  their  numbers,  while  Lincohi  street  was  the  first 
opened,  and  the  sale  of  lots  on  either  side  inaugurated. 

Among  the  earliest  purchasers  were  J.  L.  Chandler,  and  Horatio  Orr,  the 
first  of  whom  acquired  a  piece  of  ground,  removed  his  dwelling  from  some  dis- 
tance out  of  town,  placed  it  on  his  newly-obtained  lot,  where  it  now  stands 
occupied  by  Joe.  Spaulding,  next  to  the  Delavan  House.  Mr.  Orr  also  trans- 
ferred his  house  from  outside  the  community,  and  it  is  now  occupied  by  a 
Frenchman  called  Victor. 

In  the  year  1866,  William  Page  and  Alexander  Peers  started  a  lumber- 
yard^ in  18G8  a  brewery  was  opened  by  M.  Klineclaus;  in  1871  the  Catho- 
lic Church  was  erected;  in  1872  the  Methodist  Episcopal  Church  was  built; 
while  the  growth  of  the  town  has  been  even  since  its  foundation,  it  now  con- 
sisting of  two  churches,  a  school  house,  one  drug-store,  a  post-office.  Wells, 
Fargo  &  Co.'s  agency,  three  dry -goods  stores,  a  brewery,  a  bakery,  two 
butchers,  several  blacksmith  shops,  and  the  usual  number  of  saloons. 

Mayfield  Lodge,  No.  192,  I.  0.  0.  F. — Lodge  No.  192  was  instituted  Sep- 
tember 13,  1871,  the  following  being  the  Charter  Members:  T.  B.  Curley, 
Joseph  Kaufman,  J.  N.  Spencer,  F.  W.  Weisshaar,  James  Carleton,  Walter 
Henderson.  The  first  officers  were:  T.  B.  Curley,  P.  G.,  N.  G.;  Joseph  Kauf- 
nan,  V.  G. ;  J.  N.  Spencei',  Sec;  F.  W.  Weisshaar,  Treas. ;  Joseph  Ware,  R. 
S.  N.  G.;  Walter  Henderson,  Warden;  James  Carlton,  I.  G.;  J.  W.  Boulware, 
R.  S.  S.;  H.  W.  Dufiy,  L.  S.  S.;  T.  B.  Curley,  Joseph  Kaufman,  Walter  Hen- 
derson, Trustees.  The  present  membership  is  fifty-three,  who  meet  every 
Tuesday  evening  in  the  hall  rented  by  them  from  Jeremiah  Clark.  The 
officers  for  the  current  term  are:  W.  W.  Brown,  N.  G.;  James  Mockbee,  V.  G. 
E.  A.  Minsch,  P.  G.;  Charles  M.  Kellogg,  Sec;  C.  Van  Buren,  Per.  Sec;  Wal- 
ter Henderson,  Treas.;  Joseph  P.  Ponce,  R.  S.  N.  G.;  Joseph  Wilson,  L.S.  N.G.; 
Harry  Tompkins,  R.  S.  V.  G.;  Thomas  Kewley,  L.  S.  V.  G.;  Ginzi  Pallanda, 
R.  S.  S.;  William  Mount,  L.  S.  S.;  James  Broad}^  Warden ;  George  R.  Sharp, 
Conductor;  Christopher  Ducker,  I.  G.;  Hermann  Banta,  0.  G. ;  C.  Ducker,  J. 
P.  Ponce,  A.  J.  Pitman,  Trustees.  The  lodge  is  in  a  flourishing  condition, 
and  has  lost  but  four  of  its  members  since  institution. 

Lumher  Ycurl. — This  yard  was  originally  started  by  William  Page  and 
Alexander  Peers,  in  1866,  under  the  style  of  Page  &  Peers.  In  1867,  Page 
bought  out  Peers,  and  alone  continued  the  business  until  1868,  when  he  sold 
a  half  interest  to  Hanson,  Ackerman  &o  Co.,  and  the  yard  became  known  as 
the  Big  Redwood  Mills.  In  1871,  the  whole  concern  was  bought  by  Peers, 
who  conducted  it  in  his  own  name  until  1879,  when  Page  purchased  the  yard 
and  a  one-half  share  in  the  timber  lands,  which  is  the  present  state  of  the 
undertaking.  The  timber  lands  are  situated  in  San  Mateo  county,  on  a 
branch  of  the  Pescadero,  called  Mill  creek,  where  there  is  a  steam  saw-mill 


270 


HISTORY    OF    SANTA    CLARA   COUNTY,   CALIFORNIA. 


that  supplies  the  yard  at  Mayfield  with  lumber,  in  which  there  is  usually 
stored  from  five  hundred  thousand  to  one  million  feet,  which  is  the  average 
amount  of  the  yearly  business  done. 

Mayfield  Railroad  Brewery. — This  enterprise  was  started  in  the  year  1868 
by  M.  Klineclaus,  on  the  site  which  it  now  occupies,  by  whom  it  was  man- 
aged until  1871,  when  Christopher  Ducker,  the  present  proprietor,  took 
charge  and  has  since  conducted  it  under  the  firm  name  of  Ducker  &  Co.  The 
building  has  a  frontage  on  Lincoln  street;  is  forty  by  sixty  feet  in  size,  and 
comprises  all  the  necessary  buildings,  while  a  yearly  business  with  the  vicinity 
of  about  one  thousand  barrels  is  done.  ' 


"IM.IMglMf'O^'- 


GILROY    TOWNSHIP.  271 


GILROY  TOWNSHIP, 


Geography. — The  township  of  Gih-oy  is  bounded  on  the  north  by  those  of 
New  Almaden  and  Burnett;  on  the  east  by  Merced  county;  on  the  south 
by  San  Benito  county,  and  on  the  west  by  Santa  Cruz  county. 

Topograph)). — -The  Gih-oy  section  of  Santa  Clara  valley  is  a  fertile  plain, 
fairly  timbered  in  a  park-like  fashion,  with  oak,  syacainore,  cotton-wood  and 
willow  trees,  inclosed  on  the  north-east  by  the  Contra  Costa  range,  dividing 
it  from  the  San  Joaquin  countiy,  and  on  the  west  by  the  lofty  Coast  Range 
of  mountains.  At  either  extremity  the  mountains  curve  and  apparently 
meet,  as  if  inclosing  the  valley  within  their  rocky  barriers,  but  even  in  their 
narrowest  place,  the  foot-hills  are  still  half  a  mile  apart,  while  at  the  south- 
ern end  the  Santa  Clara  merges  into  the  Pajaro  valley. 

Streams. — The  water  outlets  of  Gilroy  township  are  the  Coyote,  La.s 
Llagas,  Las  Uvas,  and  the  Pajaro,  with  their  tributaries,  affording  no  navig- 
ble  communication,  but  plenty  of  sport  in  the  trout  and  salmon  seasons, 
while  several  good-sized  sheets  of  water,  notably  the  Soap  lake,  are  covered 
with  wild  fowl  of  all  kinds. 

Climate. — From  the  bays  of  San  Francisco  and  Monterey  glide  in  the  sea- 
breezes,  tempering  the  Summer  heats,  they  themselves  being  rendered  balm- 
ier by  their  travel  through  the  winding  gaps  and  over  the  woodland  vales, 
losing  all  their  bleakness,  yet  retaining  much  of  their  freshness.  Cold,  chill- 
ing blasts  are  never  felt,  owing  to  the  two  opposing  currents,  and  even  the 
fogs  drop  their  refreshing  moisture  pleasantly,  having  lost  their  rawness  in 
their  mountain  climbing.  The  swelterinij  heat  often  encountered  at  the 
depot  by  railroad  travelers,  who  halt  for  their  midday  meal,  has  unjustly 
given  the  City  of  Gilroy  a  torrid  name,  but  such  is  only  the  dictum,  of  the 
bird  of  passage,  observation,  both  barometrical  and  thermometrical,  proving 
the  undoubted  salubrity  of  the  township. 

Soil. — Nothing  can  be  said  in  this  regard  but  that  nature  has  been  more 
than  usually  benign  to  this  favored  spot.  The  valley  is  prolific  to  a  degree, 
being  especially  adapted  to  fruit-culture  and  dairying,  while  the  cereals 
attain  the  richest  perfection. 


272  HISTORY    OF    SANTA    CLARA    COUJSTY,    CALIFORNIA. 

Frocliicts. — The  valley  is  a  district  of  artesian  wells,  natural  and  artificial, 
the  latter  ranging  in  depth  from  over  three  hundred  to  fifty  feet,  the  water 
thus  obtained  being  in  great  demand  for  irrigating  and  other  purposes. 
The  dairying  interest  is  one  of  the  most  important  resources  of  the  district, 
no  less  than  twelve  hundred  thousand  pounds  of  cheese  being  annually 
made.  The  most  prominent  dairymen  are  Messrs.  Rea,  Reeve  Brothers,  Sar- 
gent «fe  Butterfield,  Donnelly  &  Laughlin,  Henry  Reeve,  Bryant,  Ellis,  Wat- 
son, Rowland,  Zuck,  Dexter,  Doan,  Eschenberg,  Maze,  A.  Wilson,  Davis  & 
Cole,  E.  A.  Davison  and  Henry  Miller,  whose  dairy  upon  the  Bloomfield 
ranch  is  a  model  institution.  The  fruit  products,  embracing  apples,  pears, 
peaches,  plums,  berries,  and  grapes,  average  about  three  hundred  and  fifty 
tons  a  year,  a  portion  of  which  is  dried.  Among  the  principal  growers, 
although  nearly  every  farmer  has  an  orchard,  may  be  named  Messrs.  Horace 
Wilson,  Hall,  Fine,  Hildebrand,  Ferguson,  Angney,  Massey  Thomas,  Ousley, 
Fi-an^ois,  Cordiss  of  Oakland,  Ghappell,  Dryden,  Starle,  Day,  O'Toole, 
Furlong,  Patterson,  Miller,  Haycock,  Trombly,  Duncan,  Hodges,  Rea, 
and  Reeve.  Of  these  G.  Fran9ois  manufactures  annually  in  the  vicinity  of 
twenty-five  thousand  gallons  of  wine  and  brandy ;  Horace  Wilson  jn-o- 
duces  each  year  about  six  thousanil  gallons  of  cider  and  two  thousand  of 
vinegar;  Mr.  Hall  has  a  considerable  flock  of  highly-bred  Angora  goats; 
while  the  immense  possessions  of  Miller  &  Lux,  and  of  the  Sargents,  with 
their  almost  innumerable  cattle,  are  too  well  known  to  need  any  further 
description  from  us.  Tobacco  has  heretofore  been  grown  in  considerable 
quantities  in  the  district,  and  is  still  cultivated  with  great  success  by  Mr. 
Gulp  on  the  San  Felipe  farm,  in  the  southern  portion  of  the  township. 

Timber. — The  redwoods  on  the  east  side  of  the  Goast  Range  provide  the 
district  with  lumber,  posts,  poles,  pickets,  shingles  and  fire-wood,  and  beyond 
this  produces  enough  to  cause  a  by  no  moans  small  export  trade  of  fifty 
thousand  dollars  annually.  The  principal  part  of  this  business  is  done  by 
Whitehurst  &  Hodges,  who  aye  the  principal  owners  of  these  timber  lands, 
where  they  have  a  saw-mill,  erected  by  Bodfish  in  the  year  18-53.  Besides 
this  particular  class  of  timber  the  county  abounds  with  various  other  speci- 
mens, all  having  their  particular  use,  either  in  the  fashioning  of  dwellings 
or  tendinsf  to  the  comfort  of  one's  "  ain  fireside." 

Early  Settlement. — Would  it  were  possible  to  banish  grim  death,  preserve 
the  ancient  settler  in  his  pristine  vigor,  and  retain  him  with  his  memory 
unimpaired ;  were  such  things  possible,  then  'twould  be  an  easy  task  to  pen 
the  recollections  of  the  courageous  men  who  were  the  harbingers  of  joy  and 
comfort  to  what  is  now  a  fertile  district  and  a  contented  people.  Foremost 
among  the  alien  settlers  of  Galifornia,  and  first  in  Santa  Clara  county,  is  the 
name  of  John  Gilroy,  the  godfather  of  the  township  now  under  consideration. 


T"    ■^    f  ■hT' 


M- 


'^^^-u,m^i 


GILROY    TOWNSHIP.  273 

Sucli,  however,  was  not  the  proper  name  of  this  ])ioneer.  His  name  was  John 
Cameron,  a  native  of  Inverness-shire,  in  the  nortliof  Scotland,  was  a  member 
of  that  famous  clan  which  acknowledged  Lochiel  as  its  chieftain,  and  was 
born  in  the  year  iTi'-i.  In  his  youth,  feeling  the  I'estraints  of  home  some- 
what keenly,  and  the  curb  of  filial  duty  slightly  strained,  he  left  the  "land 
of  brown  heath  and  shaggy  wood,"  bade  farewell  to  the  rocky  precipices  of 
Ben  Nevis,  that  grand  old  mountain,  and  the  bleak,  dreary  moors  of  Knoy- 
dart,  while  without  leave-taking  or  sign  of  any  kind,  he  turned  his  back 
upon  his  home  and  went  forth  to  fight  the  battle  of  life  with  the  plaintive 
highland  wail  of  "  Lochaber  No  More  "  maj^hap  lingering  in  his  ears.  Once 
removed  from  home  the  roving  disposition  which  had  incited  him  to  leave 
father,  mother,  brothei',  sister,  urged  him  into  choosing  the  sea  as  a  profession, 
and  it  is  in  this  capacity  that  we  find  him  on  the  coast  of  Calilbrnia,  running 
under  the  false  colors  of  an  assumed  name,  for  he  had  adopted  that  of  his 
mother,  who  was  a  Gilroy. 

There  are  divers  statements  current  as  to  how  Gilroy  came  to  the  State, 
some  averring  that  he  arrived  in  a  Hudson  Bay  Company's  ship,  and  others 
that  he  came  in  a  vessel  belonging  to  the  North-west  Company.  We  are 
inclined  to  discredit  either  of  these  representations,  but  place  the  most  impli- 
cit reliance  on  that  of  Julius  Martin,  himself  a  pioneer  of  1843,  who,  besides 
enjoying  the  fullest  confidence  and  personal  friendship  of  John  Gilroy  for 
3'ears,  had  many  times  heard  from  his  own  lips  the  story  of  his  flight  from 
home,  his  assumption  of  his  mother's  name,  his  landing  in  California,  and  his 
locating  in  Santa  Clara  county,  reasons  for  believing  Mr.  Martin's  story  which 
are  indisputable,  when  joined  to  the  fact  that  he  is  a  gentleman  of  much 
ability,  good  education  and  excellent  memory. 

John  Cameron  alias  Gilroy  arrived  at  Monterey  in  or  about  the  year  1813, 
on  one  of  Her  Britannic  Majesty's  ships,  on  board  of  which  he  was  rated  as 
Captain's  coxswain.  When  on  duty  at  that  port,  receiving  an  order  from  a 
subordinate  commissioned  officer  which  he  failed  to  carry  out,  he  was  repri- 
manded by  the  Midshipman,  when  Gilroy 's  passion  getting  the  better  of  his 
discretion,  he  struck  his  superior,  thus  committing  the  most  unpardonable 
breach  of  discipline.  He  knew  that  for  this  offense  there  could  be  no  excul- 
pation, therefore  arrangements  being  perfected,  he  was  judiciously  entered  as 
sick  and  with  a  fellow-sailor  sent  ashore  to  recuperate,  and  await  the  turn  of 
affairs.  When  in  sick  quarters  he  concocted  a  plan  for  escape,  and  took  into 
his  confidence  a  comrade,  who  was  afterwards  known  by  the  name  of  "  Deaf 
Jimmy."  Leaving  the  hospital  they  l&y  perdu  in  Monterey  for  several  days, 
when  the  vessel  sailed  without  them,  trusting  to  find  them  at  some  future 
time.  The  "  Union  Jack  "  once  out  of  sight,  these  worthies  cast  about  for 
employment,  and  ultimately  found  their  way  into  the  Santa  Clara  valley, 
and  stopped  at  the  little  village  of  San  Ysidro.  Here  Gilroy  would  appear 
18 


274  HISTORY    OF    SANTA    CLAEA   COUNTY,    CALIFORNIA. 

to  have  fairly  established  himself.  In  1821  he  married  a  daughter  of  Ignacio 
Ortega,  the  owner  of  the  San  Ysidro  Rancho,  and  upon  his  death  received  a 
portion  of  that  large  tract  of  valuable  land.  Mr.  Martin  states  distinctly  that 
when  he  arrived  in  1843,  there  were  but  two  owners  to  the  San  Ysidro  grant, 
John  Gilroy  and  his  brother-in-law  Quentin  Ortega.  The  residence  of  the 
former,  which  has  been  unfortunately  torn  down,  stood  at  the  corner  of  the 
Old  Gihoy  and  San  Felipe  road,  near  the  present  residence  of  Francisco  Sil- 
veira,  in  the  village  of  San  Ysidro  or  Old  Gilroy;  while  that  of  Quentin 
Ortega  occupied  a  position  close  to  where  stands  the  small  frame  building  of 
Joseph  Gilroy,  one  of  the  few  living  representatives  of  the  old  Scotch  pioneer, 
and  about  a  hundred  j^ards  from  the  dwelling  of  Mr.  Crews.  The  two 
houses  were  not  more  than  fifty  yards  apart,  and  midway  was  drawn  the 
imaginary  line  bounding  the  two  properties,  that  lying  to  the  north  being 
owned  by  Gilroy,  and-*that  to  the  south  by  Ortega. 

John  Gilroy  was  a  remarkable  man.     In  his  prime  he  stood  six  feet  in  his 
stockings,  as  straight  as  an  arrow,  broad  in  the  shoulders,  a  well-propor- 
tioned frame,  with  a  keen  eye,  wide  forehead,  and  lowering  brow.     He  was 
gifted  with  considerable  intelligence,  and  though  not  having  the  advantage 
of  an  early  scholastic  training,  became  in  the  days  of  his  manhood  an  excel- 
lent mathematician.     He  served  for  many  years  as  Alcalde  of  the  district  in 
which  he  resided,  and  was  chosen  a  Justice  of  the  Peace   by  Commodore 
Stockton  in  the  troublous  times  of  184G,  which  his  long  residence  among  the 
natives  fitted   him   for;  he  had,  however,  one  besetting  sin;  he  became  an 
inveterate  gamester.     The  game  of  monte  was  the  plague  spot  on  every 
Spanish  family;  where  strangers  could  not  be  found  to  join  in  it,  then  it 
was  induloed  in  among  the  members  of  their  families  in  their  own  homes; 
and  thus  did  this  stalwart  Scot  fritter  away  his  lands,  his  herds,  and  at  last 
his  reputation,  to  meet  his  gambling  debts,  until  nothing  was  left  to  him  but 
death.     Towards  his  last  years  he  was  in  absolute  want.     Such  was  his  pov- 
erty that  he  made  application  to  the  Society  of  California  Pioneers  at  San 
Francisco,  February  10,  1865,  for  assistance,  which  was  refused,  it  is  said  on 
account  of  his  not  being  a  member  of  that  association ;  but  thanks  to  the 
British  Benevolent  Society  of  that  city,  his  old  age  received  that  modicum  of 
comfort  refused  by  the  other  institution.     In  18G8  he  was  bed-ridden  from 
rheumatism  ;  he  died  in  July,  1869,  aged  about  seventy-six  years.     The  only 
issue  of  his  loins  now  alive  is  a  son  who  resides  in  San  Luis  Obispo  county, 
and  some  grandchildren  who  are  in  and  about  the  village  of  San  Ysidro, 
but  who  have  little  remembrance  of  the  earliest  known  settler  in  California. 
Gilroy 's  hospitality  is  still  gratefully  remembered  by  many  a  pioneer,  and 
his  memory  is  perpetuated  in  the  thriving  city  which  bears  his  name.     His 
comrade  of   1813,  "Deaf  Jimmy,"  after  remaining  with  him  for  some  time, 
found  his  way  to  Sonoma  and  died  on  the  rancho  of  Juan  Martin.      What 


GILROY    TOWNSHIP.  275 

liis  real  name  was,  \vlietliL'r  \\  illiain  Malcomb  or  Mulcolni,  as  ALr.  Lancey 
sa3's,  we  cannot  say,  for  neither  does  Julius  Martin,  who  knew  him  well,  nor 
any  other  person  whom  we  have  consulted,  remember  ever  having  heard  his 
proper  cognomen. 

The  honor  of  being  the  first  American  settler  in  Gilroy  township  belongs 
to  Philip  Doke,  who  was  a  Llock  and  tackle  maker  on  board  a  whaler,  and 
lel't  his  ship  at  Monterey.  He  came  into  the  valley  before  the  year  1822, 
and  marrying  a  daughter  of  Mariaiio  Castro  the  owner  of  the  Las  Animas 
grant,  settled  on  the  tract  now  the  dairy  farm  of  Henry  Miller  at  Bloom- 
field. 

The  third  .settler  was  a  Dane  named  Mathew  Fellom.  He  landed,  fiom  a 
whaler,  in  one  of  the  Russian  settlements  on  the  coast,  cither  Bodega  or  Fort 
Ross,  Sonoma  count}',  in  the  year  1822,  and  finding  his  way  to  the  valley 
in  the  following  year,  acquired  a  portion  of  the  San  Ysidro  tract  and  located 
on  the  land  now  occupied  by  one  of  his  son.s,  and  William  N.  Furlong.  Mr. 
Fellom,  or  Fallon,  as  his  name  is  usually  pronounced  died  in  the  year   1873. 

It  must  not  be  gathered  from  the  foregoinor  that  the  strangre  settlers  were 
by  any  means  isolated.  In  those  days  small  villages  were  formed  princi- 
pally as  a  protective  measure.  Indians  were  plentiful,  and  treacherous,  wild 
animals  wei'e  numerous  and  bold,  therefore  the  ranchero  and  his  followers 
built  their  dwellinij's  within  hail  of  each  other,  and  the  cluster  of  houses 
received  the  name  of  the  grant  on  which  it  stood,  thus  was  the  village  of 
San  Ysidro  brought  into  existence  by  Ignacio  Ortega,  and  houses  with  gar- 
•lens  covering  a  considerable  space,  dotted  here  and  there  with  no  particular 
regard  to  the  laying  out  of  streets  nor  roads.  Besides  the  immediate  retain- 
ei's  of  the  rancheros,  there  were  those  who  followed,  not  so  much  to  labor  in 
their  own  interest,  or  toil  for  their  wealthier  fellows,  but  that  they  loved  the 
dolce  far  niente  mode  of  living  to  be  found  on  the  haciendas  of  the  rich.  A 
certain  amount  of  state  was  maintained,  which  had  been  imbibed  from  the 
splendor-loving  cavaliers  of  Old  Spain;  the  ranchero  seldom  moved  abroad, 
but  when  he  did,  it  was  upon  a  handsomely  caparisoned  horse,  with  attend- 
ant out-riders,  armed  to  protect  their  lord  from  attack.  The  earlier  loca- 
toi's  brought  with  them  cattle  which  in  the  natui-al  sequence  of  things 
became  roving  bands  of  untamed  animals  that  provided  master  and  servitor 
with  meat,  while  enough  grain  was  not  so  much  cultivated,  as  grown,  to 
keep  them  in  food.  Their  mode  of  traveling  was  entirely  on  horseback; 
accommodation  there  was  none;  when  haltino-  for  the  night  an  umbraQ'eous 
tree  was  their  roof,  the  valley,  at  once  their  stable  and  pasture,  while,  when 
food  was  required,  to  slay  an  ox  or  kill  a  deer  was  the  matter  of  a  few 
moments.  Nearly  all  of  the  labor  was  performed  by  Indians,  the  natives  of 
Spanish  blood  doing  little  but  riding  about  looking  after  live-stock.  Fan- 
dangoes and  gambling  afforded  amusement  to  all,  while  Sundav  was  the  gala 


276  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

da}^  when  the  inhabitants  met  each  other  socially  and  with  unconfined  joy, 
for  their  habits  were  simple,  their  natures  hospitable  and  their  tempers  even; 
indeed  we  are  assured  that  San  Ysidro  in  those  long-ago  days  was  ahead  of 
all  other  places  in  California  in  its  conviviality  and  liberality. 

Until  184-3  Gilroy  was  without  any  acquisition  to  its  foreign  strength. 
In  the  month  of  December  in  that  year  came  Julius  Martin  with  his  wife 
and  three  daughters.  He  is  still  a  resident  of  the  township.  We  deem  it  a 
privilege  to  have  the  acquaintance  of  this  worthy  pioneer,  over  whose  white 
head  have  passed  so  many  changes.  Twice  ten  years  ago  he  was  deprived 
of  his  sight,  but  God,  as  if  in  recognition  of  so  deep  an  affliction,  has  blessed 
Mr.  Martin  with  that  rarer  faculty,  a  clear  recollection,  whereby  he  can  paint 
in  bright  word-pictures  the  scenes  which  formerly  he  so  keenly  watched  and 
so  thoroughly  enjoyecl.  On  our  visit  to  Mr.  Martin  in  search  of  information, 
it  was  a  pleasure  "  beyond  compare  "  to  watch  his  face  as  quick  intelligence 
lighted  every  feature,  as  flashing  thought  almost  translated  itself  upon  his 
eyelids,  and  happy  reminiscence  twinkled  at  the  corners  of  his  mouth.  He 
told  us  his  tale  in  a  pure  and  concise  form,  and  answered  our  interrogatories 
without  question  or  hesitancy. 

On  his  arrival  in  the  township,  he  found  it  as  we  have  above  described, 
and  at  once  settled  in  the  village  of  San  Ysidro,  and  occupied  himself  chieflj' 
in  hunting.  That  Winter,  1843-4,  James  M.  Hudspeth,  now  of  Green 
Valley,  Sonoma  county,  and  his  partner,  Alexander  Copeland,  were  at  work 
in  the  redwoods  near  the  present  city,  but  left  in  the  month  of  June  fol- 
lowing, for  Sutter's  Fort,  therefore  they  could  not  be  accounted  settlers 
Indeed,  save  the  Martin  family,  thei-e  were  no  permanent  locators,  until  the 
discovery  of  gold,  brought  so  many  to  the  coast.  At  this  period,  as  may  be 
imagined,  there  were  no  industries  of  any  kind ;  most,  if  not  all,  of  the  stores 
consumed  were  procured  from  the  adjacent  herds,  the  few  fields,  the  Pueblo 
of  San  Jos^,  and  the  thriving  town  of  Monterey,  the  medium  of  commerce 
being  silver,  but  more  often  hides  and  tallow.  In  1844,  Julius  Martin  con- 
structed a  small  horse-power  flour-mill,  with  a  capacity  of  about  twenty 
bushels  per  day,  the  stones  used  being  still  to  be  seen  in  Old  Gilroy;  and  in 
the  following  year,  1844,  Thomas  O.  Larkin,  in  conjunction  with  Jos6 
Maria  Sanchez,  erected  a  primitive  soap  factory  at  the  upper  end  of  the 
Ortega  Rancho,  about  three  miles  from  San  Ysidro.  The  building,  which 
was  a  frame  edifice,  stood  on  the  bank  of  that  sheet  of  water  now  known  as 
Soap  lake,  and  was  in  charge  of  an  Englishman,  who  drove  a  thriving  business 
while  the  establishment  lasted.  The  kettle  here  used  was  the  old  caldron  of 
a  whaling  vessel,but  increased  in  size  b}'  placing  long  slabs  of  wood  upwards 
from  the  edgeS;  with  an  incline  outwards,  until  the  height  attained  was  about 
eight  feet;  these  were  banded  together  with  hoop- iron,  and  finally  built  around 
with  adobes,  sufficient  space  being  left  underneath  for  a  flue.     The  neces- 


GILROY    TOWNSHIP.  277 

sary  ingredients  were  thrown  into  the  vessel  in  their  natural  state — without 
a  semblance  of  preparation — while  the  alkali  used  was  the  substance  called 
by  the  Spainiards  tegaesqidte,  which  was  scraped  off  the  adjoining  lands, 
and  employed  in  this  preparation.  When  solidified,  the  material  was  cut 
into  bars,  taken  to  Alonterey,  and  sold  to  the  ships  frequenting  that  port, 
the  sailors  on  these  prizing  it  highly  on  account  of  its  being  easily  manip- 
ulated with  sea-water.  In  1848,  on  the  breaking  out  of  the  gold  fever,  this 
industry  died;  to-day,  there  is  not  a  vestige  of  such  an  enterprise  having 
been  in  existence. 

A  considerable  traffic  existed  at  this  period  between  the  population  to  the 
north  and  Monterey.  From  Sonoma,  Sutter's  Fort,  San  Jose,  and  the  Mis- 
sions, all  communication  with  the  Capital  was  maintained  along  the  main 
road,  and  San  Ysidi-o  was  seldom  without  the  weary  wayfarer.  Tlirough 
here  J,  W.  Marshall  passed  when  on  his  way  to  lay  his  great  discovery 
before  the  authorities,  and  from  his  own  lips  did  they  learn  of  the  find- 
ing of  gold  in  Sutter's  mill-race,  at  Coloma.  On  this  intelligence,  the  few 
settlers  went  to  the  mines,  and  left  the  little  village  to  take  care  of  itself. 
The  following  year,  however,  saw  them  bask  to  their  old  haunts,  but  no 
others  came  to  settle  in  1849,  though  W.  R.  Bane  paid  a  visit  to  the  spot  in 
that  year.  In  1850,  after  Julius  Martin  returned  from  the  mines,  he  pur- 
chased twelve  hundred  and  twenty  acres  from  John  Gilroy,  for  which  lie 
paid  cash,  and  on  it  commenced  to  build  a  house,  the  choice  of  locality  fall- 
ing on  that  portion  of  it  which  he  now  occupies,  about  half  a  mile  from  Gil- 
roy. The  old  house  which  still  stands  within  the  inclosure  of  our  old  pio- 
neer, is  thirty  by  fifty  feet,  divided  into  two  rooms,  the  cooking  and  domes- 
tic work  being  then  carried  on  in  teuiporary  sheds,  while  it  was  entirely 
composed  of  redwood,  cut,  rived,  split  and  shaved  by  Mr.  Martin  himself- 
This  was  the  first  frame  building  in  the  township.  The  iir.st  rush  of  the 
gold  excitement  over,  we  find  that  stores  were  opened  in  Old  Gilroy,  in  turn, 
by  Claudio  Dudit,  Barbechon,  Harrison  &  Bruen,  Allen  ic  Smith,  and 
Barnes  &  Newcomb,  while  Isaac  Hale  conducted  a  hotel.  These  establish- 
ments were,  of  cour.se,  not  all  opened  at  once.  They  are  thus  collectively 
spoken  of  for  the  simple  reason  that  the  dates  are  unknown. 

In  the  year  1850,  James  Houck  came  to  the  township,  and  established 
himself  in  a  shake  shanty,  within  what  are  now  the  city  limits  of  Gilroy 
and,  not  long  after,  Lucien  Everett  arrived,  when  a  partnership  was  entered 
into  between  him.self  and  Houck.  These  were  followed  in  1851  by  Law- 
rence O'Toole,  James  Fitzgerald,  John  S.  Fitzgerald,  and  M.  T.  Holsclaw, 
who  states  that  he  not  only  built  the  first  blacksmith's  shop,  but  sowed  the 
first  grain  in  the  district.  In  1852,  John  Eigelberry  came  to  settle;  he  died 
in  1880,  highly  esteemed  and  respected.  In  the  next  year  we  have  the 
names  of  Jacob  Reither,  Thomas  Rea,  David  Holloway,  David  Wood,  David 


278  HISTORY    OF    SANTA    CLARA   COUNTY,    CALIFORNIA. 

Zuck  and  family,  William  Fitzgerald,  T.  R.  Thomas,  Horace  Willson,  Alfred 
Chappell,  J.  Q.  Patton,  George  Anson,  Massey  Thomas,  P.  Fitzgerald,  Eli 
Reynolds,  Dempsey  Jackson,  and  others,  whose  names  we  have  been  unable 
to  obtain.  In  18.54,  we  have  Uriah  Wood,  W.  Z.  Angney,  deceased,  S.  M. 
Ousley,  deceased,  J.  Douelly,  Daniel  C.  Day.  In  18.55,  among  the  settlers 
were:  Hugh  S.  Jones,  Asa  Fergusson,  deceased,  M.  R.  Fergasson,  Perry 
Dowdy,  and  J.  H.  Ellis;  in  1856,  there  located, with  others.  Christian  Wentz, 
S.  P.  Fine,  J.  H.  Duncan,  George  Easton,  Joseph  Rice,  Albert  Willson, 
J.  Doan  ;  in  1857,  James  Dunn,  and  H.  Crews  came  to  the  township;  in 
1858,  there  an-ived  W.  ]N.  Furlong,  J.  D.  Culp,  J.  S.  Rucker,  Rodney 
Escheuburg,  and  P.  B.  Tully;  in  1850,  Dr.  Hubar,  S.  M.  Maze,  David  H. 
Neel,  and  Samuel  Rea,  and  in  18G0,  William  Hanna,  Peter  Donnelly, 
and  Alexander  Watson. 

The  foregoing  nami^s  are  by  no  means  those  of  all  the  settlers  who  located 
in  Gilroy  township  up  to  1860.  Such  a  task  is  an  impossibility,  their  names 
are  not  all  now  remembered,  and  their  habitations  have  ceased  to  be; 
we  trust,  that  as  far  as  we  have  gone,  recollections  may  be  spurred  into  remi- 
niscence and  some  old  friends  be  lifted  from  oblivion. 

Before  closing  this  portion  of  the  history  of  Gilroy  it  should  be  mentioned 
that  a  description  of  the  charming  Hot  Springs  will  be  found  on  page  41  of 
this  volume. 

We  have  thus  far  dwelt  upon  the  settlement  of  the  district  as  a  township. 
It  now  becomes  our  duty  to  draw  the  attention  of  the  reader  to  the  leading 
colonies  within  it;  we  will,  therefore,  sketch  briefly  the  histories, so  far  as  we 
have  been  able  to  gather  them  of  the  village  of  San  Ysidro,  or  Old  Gilroy, 
the  cit}^  of  Gilroy,  and  the  hamlet  of  San  Felipe. 

San  Ysidro  or  Old  Gilroy. — How  long  ago  this  ancient  town  was 
founded  there  are  no  means  of  accurately  stating.  In  olden  days,  that  is 
when  the  Spaniards  first  came  to  California,  they  lived  in  villages,  or  rather, 
clusters  of  houses  on  their  ranchos,  and  the  little  congregation  of  dwellings 
received  the  name  of  the  grant.  Here  the  Ortega  family,  to  whom  was 
given  the  San  Ysidro  tract,  fixed  their  abode,  and  by  that  name  was  the 
village  called,  until  the  arrival  of  American  settlers,  when  it  became  generally 
known  as  Gilroy,  and,  afterwards,  as  the  new  town  sprang  up,  the  prefix 
"  old  "  was  given  to  it,  but  the  oflicial  name  is  still  San  Ysidro.  It  is  charm- 
ingly  situated  about  two  miles  from  the  city  of  Gilroy.  The  first  foreigners, 
other  than  the  Spanish,  to  settle  within  its  precincts  were  those  pioneers 
alread}'  mentioned,  and  after  the  discovery  of  gold  and  the  location  of  the 
district,  stores  were  opened  in  turn  by  Claudio  Dudit,  Barbechon,  Harrison 
&  Bruen,  Allen  ^  Smith,  and  Barnes  &  Newcomb,  while  there  was  a  hotel 
conducted  by  Isaac  Hale.     A  post-olfice  was  also  established  here  at  a  very 


t 

GILROY    TOWNSHIP.  279 

early  date,  but  at  what  precise  period  we  cannot  glean.  It  was  afterwards 
moved  to  the  new  town.  The  general  appearance  of  the  quiet  little  village 
is  clean  and  couifortaV)le.  Pleasant  homes  with  pretty  grounds  and  fruitful 
orchards  line  eitlier  side  of  the  main  road,  while  there  are  one  or  two  edifices 
of  more  pretentious  design  than  the  others,  notable  among  these  being  the 
particularly  fine  dwelling  of  Horace  Willson.  This  gentleman  came  to  the 
State  in  the  year  I800  and  settled  in  Gilroy  township.  He  is  a  bricklayer 
by  trade,  and  to  iiim  is  the  credit  due  of  having  put  to  use  the  admirable 
clay  of  the  district  in  brick-making  during  1854.  In  1859  he  erected 
his  magnificent  mansion  in  the  center  of  the  village,  around  which 
he  has  constructed  well-appointed  farm  buildings,  laid  out  a  beautiful  garden 
and  planted  a  fine  orchard.  Contiguous  to  the  village  is  a  neat  and  well- 
attended  school-house,  while  in  the  next  lot  to  it  is  the  building  of  the 
Gilroy  Cheese  Factory  Association,  now  disu.sed. 

Gilroy. — This  city,  solidly  and  substantially  built,  is  charming!}-  situated 
amid.st  a  wealth  of  beauty  and  woodland,  vales  and  mountains,  upon  whose 
sloping  hollows  and  slanting  dells  the  sunlight  and  shadow  dance  in  the 
richest  changefulness  of  ever- varying  form  and  color.  The  lofty  peaks  of 
the  Santa  Ana,  Pacheco  and  Los  Barberos  stand  out  harmoniously  against 
the  azure  sky,  the  light  mists  and  fleecy  clouds  hang  hovering  twixt  heaven 
and  earth,  and  the  rolling,  billow-like  hills,  fringed  with  a  purple  foam  of 
redwoods,  evergreen  oaks  and  pines,  create  a  captivating  landscape  well 
worthy  the  fame  of  the  Santa  Clara  vale — the  garden  valley  of  the  Pacific 
coast. 

When  the  earlier  settlers  arrived  this  portion  of  the  district  was  known  as 
Pleasant  Valley,  a  most  appropriate  mame,  but  later,  on  houses  being  con- 
structed and  the  nucleus  of  a  town  formed,  it  received  the  appellation  of 
Gilroy,  in  honor  of  that  ancient  pioneer  who  first  settled  in  its  vicinity. 

In  the  year  1850  a  man  named  James  Houck,  a  native  of  the  State  of 
Ohio,  erected  a  small  road-side  inn  and  stable  on  the  direct  route  from  the 
north  to  Monterey.  This  structure,  composed  of  split  redwood  brought  from 
the  adjacent  hills,  still  stands  opposite  the  residence  of  Mr.  Lewis,  in  an 
inclosure  to  the  north  of  the  street  which  bears  his  name,  and  is  now  used 
by  that  gentleman  as  a  place  for  servants.  This  was  the  initial  building  in 
the  city  of  Gilro}'.  The  second  fabric  was  a  little  cabin  erected  near  a 
large  and  umbrageous  oak,  that  stood  on  what  is  now  Lewis  street,  near 
Monterey  street,  and  faced  the  east.  Here  a  small  trading-post  was  estab- 
lished by  Lucien  Everett,  who  afterwards  took  Houck  into  partnership.' 
The  next  to  follow  was  John  Eigelberry  who  built  that  dwelling  now  occu- 
pied by  W.  R.  Bane  at  the  corner  of  Fourth  and  Eigelberry  streets,  while,  in 
the  Winter  of  1853-4,  David  Holloway  constructed  that  long  building  with 


280  HISTORY    OF   SANTA    CLARA    COUNTY,    CALIFORNIA. 

a  veranda  which  stands  back  from  Monterey  street,  and  hes  between  Lewis 
street  and  Martin's  lane.  When  built  it  was  intended  for  a  private  resi- 
dence, but  in  1854  it  was  converted  into  the  first  hotel  in  the  town.  Here 
David  Holloway  opened  a  shop  and  carried  on  the  blacksmith's  trade.  The 
next  building  was  a  saddler's  shop,  put  up  by  Eli  Reynolds  in  the  latter  part 
of  1853,  which  stood  between  Second  and  Fourth  streets.  It  is  now  the 
dwellino-  of  Mrs.  Mitchell,  but  so  little  of  its  original  design  remains  that  its 
ancient  form  is  unrecognizable.  At  this  period  the  postmaster  was  James 
Houck — he  could  neither  read  nor  Vv^rite — who  had  an  old  cigar  box  outside  of 
his  door  into  which  letters  were  dropped,  while  the  stage  between  San  Jose 
and  Monterey  stopped  at  his  place  to  change  horses.  We  should  mention 
that  prior  to  the  establishment  of  the  post-office  here,  it  had  been  located  in 
San  Ysidro,  and  before  that,  mail -matter  was  transferred  from  San  Jose  once 
a  week  by  a  man  named  Bicknell,  who  usually  converted  his  several  capa- 
cious pockets  into  postal-bags.  The  second  postmaster  was  Lucien  Everett, 
who  died  in  the  year  1857,  while  his  partner,  after  remaining  in  the  city  for 
several  years,  sold  his  interest  and  returned  to  Ohio. 

In  1852  a  man  named  Bain  taught  school  for  one  season  in  a  settler's  hut 
which  stood  in  the  eastern  portion  of  the  town  near  the  residence  now  occu- 
pied by  Senator  J.  C.  Zuck;  in  the  following  year,  however,  a  new  school- 
house  was  built,  by  subscription  of  the  few  settlers,  on  the  gi'ound  where  the 
pre.sent  handsome  school  building  now  stands,  between  Second  and  Fourth 
streets;  and  was  opened  by  a  Mr.  Jackson,  the  Trustees  being  W.  R.  Bane  and 
Dempsey  Jackson. 

The  first  Protestant  preaching  was  held  in  the  Summer  of  the  year  1852, 
at  the  residence  of  W.  R.  Bane,  by  Rev.  Mr.  Anthony,  of  -the  Methodist 
Episcopal  Church,  when  the  weather  was  so  hot  the  male  portion  of  the  con- 
gregation attended  without  coats.  The  next  officiating  clergyman  to  visit 
the  little  town  was  a  circuit  preacher  of  the  Methodist  Episcopal  Church, 
South,  named  J.  T.  Cox,  who  organized  a  congregation  in  1853,  and  held 
services  in  the  school-house.  In  the  year  1854,  a  Sabbath-school  was 
matui-ed,  and  during  the  following  year  a  church  was  built  at  a  cost  of  one 
thousand  dollars,  and  was  succeeded  in  1871  by  the  present  handsome  edifice, 
erected  at  an  outlay  of  four  thousand  dollars. 

Thus  we  can  aftbrd  todeave  the  first  start  of  the  little  town  to  pursue  the 
even  tenor  of  its  quiet  way.  The  thoroughfare  known  as  Monterey  street,  is 
to  all  intents  the  old  trail  between  the  Missions  to  the  north  and  those  to  the 
south,  and  Monterey.  In  former  times  it  made  a  detour  about  Seventh 
street  and  found  its  way  to  San  Ysidro,  but  on  account  of  floods  in 
Winter,  the  post-office  was  removed  from  that  village,  established  in  Gilroy, 
and  the  road  or  main  traveled  trail,  pushed  straight  ahead  until  it  joined 
the  ancient  track  some  distance  beyond,  by  which,  the  crossing  of  the  Las 


GILROY    TOWNSHIP.  281 

Llamas  creek  was  avoided  and  travel  made  safer  and  more  comfortaV)le.  The 
town  itself  grew  slowly,  but  it  was  not  until  it  became  evident  that  the 
railroad  would  tap  the  resources  of  the  district  that  it  took  any  actual  spring 
into  existence — let  us  mark  the  period. 

In  the  latter  part  of  the  year  18G7,  or  early  in  1868,  there  came  to  reside 
in  Gilroy,  Freeman  S.  Rogers,  a  dentist,  having  the  fixed  belief  that  in  the 
course  of  time,  the  then  village  would  develope  into  a  center  of  considerable 
importance.  He  therefore  established  himself  in  a  little  house  on  Monterey, 
between  Third  and  Fourth  streets,  with  a  view  to  the  practice  of  his  profes- 
sion. Here  came  to  him  James  C.  Zuck,  who  rented  one-half  of  the  build- 
ing and  opened  the  first  lawyer's  office  in  the  town.  Thus  both  these  gentle- 
men commenced  the  duties  of  their  several  professions  in  Gilroy.  In  the 
course  of  conversation  they  settled  to  start  in  the  real  estate  business,  and  in 
compliance  with  the  legend  "  to  say  is  to  do,"  the  firm  of  Zuck  &  Rogers 
became  an  accomplislied  fact.  Their  first  venture  was  the  purchase  of  five 
acres  in  the  north-western  portion  of  the  town,  which  they  divided  off"  into  lots 
and  sold  to  eager  purchasers  at  once.  With  such  an  inducement  further 
operations  were  entered  into.  Twenty  acres  were  acquired  from  John 
Eigelberry  on  the  west  side  of  Monterey  street,  about  the  middle  of  the  town, 
and  parceled  out,  which,  too,  found  a  ready  sale.  At  this  juncture  W.  L. 
Hoover  w^as  admitted  into  partnership  and  the  firm  became  Zuck,  Rogers  & 
Hoover.  They  now  purchased  a  thirty-acre  tract  fiom  L.  F.  Bell,  on  the 
east  side  of  Monterey  street,  which  also  being  laid  out  into  lots,  were  early 
purchased,  as  were  also  other  small  parcels  situated  in  different  parts  of  the 
town ;  more  extended  transactions  ensued,  until  it  may  be  safely  asserted, 
that  nearly  the  entire  town  site  has  been  manipulated  by  these  enterprising 
gentlemen.  Dr.  Rogers  has  now  retired  from  the  real  estate  business,  but  is 
still  a  worthy  citizen  of  the  little  city  which  he  has  done  so  much  to  bring 
into  prominence.  Mr.  Hoover  is  dead,  and  the  only  member  of  that  fiiin  of 
energetic  men  who  gave  so  great  an  impetus  to  the  progress  of  Gilro}',  now 
remaining  in  the  business,  is  J.  C.  Zuck,  the  able  Senator  from  Santa  Clara 
county.  Senator  Zuck  has  since  been  appointed  United  States  Consul  at 
Tientsing,  North  China. 

The  town  site  was  surveyed  in  the  eai  1  y  part  of  18G8  by  Doctor  Huber, 
who  named  the  streets  and  otherwise  laid  out  the  city. 

On  February  G,  1868,  a  petition,  signed  by  J.  F.  Johnson,  George  F. 
Clark,  R.  M.  Jersey,  H.  Crews,  H.  B.  Harris,  Ed.  E.  Wheaton,  Thomas  C. 
Caldwell,  J.  M.  Brooks,  N.  Gardner,  Jacob  Meyer,  William  Lancaster,  C.  H. 
Trombly,  Frank  Oldham,  James  Stevens,  H.  Gardner,  Walter  Page,  John 
W.  Eardley,  C.  H.  Pomeroy,  Robert  Trewin,  George  Holloway,  Peter  Kelly, 
S.  L.  Morrison,  T.  H.  Cuvdts,  F.  S.  Rogers,  R.  Catherwood,  H.  W.  Briggs, 
Robert  Gelien,  Jacob  H.   Hayes,  William   Hanna,   Henry  Holloway,  Joseph 


282  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

Diinmick,  Levi  Boswell,  Charley  Bush,  J.  A.  Canshaw,  J.  M.  Keith,  Rudolph 
Lassius,  Noah  Bui-ton,  George  Redford,  George  Roop,  H.  D.  Coon,  D.  Hun- 
biman,  J.  F.  McCouiber,  C.  W.  York,  J.  M.  Browne,  W.  HoUoway,  Alonzo 
Howard,  William  Skidinore,  P.  Eastridge,  J.  B.  Money,  E.  King,  N.  Piatt, 
Isaac  Dyer,  Hugh  Martin,  T.  S.  Oldham,  J.  J.  Braman,  S.  Stewart,  H.  C. 
Moore,  A.  W.  Hubbard,  W.  J.  Bail  lone,  A  Lewis,  Cyprius  Johnson,  E.  Bellya, 
John  Bicht,  D.  Huber,  J.  W.  Clifton,  H.  Gulp,  F.  W.  Lamb,  A.  W.  Hilde- 
brand,  Owen  Miles,  J.  L.  Buchard,  John  Angel,  A.  P.  Baillage,  Albert 
Warthen,  Henry  Williams,  A.  H.  Kennedy,  John  Eigelberry,  J.  H.  Harris, 
and  0.  P.  Wyatt,  was  presented  to  the  Board  of  Supervisors  of  Santa  Clara 
county,  praying  that  the  town  of  Gilroy  be  incorporated  within  the  follow- 
ing limits,  to  wit:  ''Beginning  at  a  point  situated  south  twenty  degrees, 
east  forty-six  chains  from  the  center  of  Monterey  street,  where  the  south 
side  of  Bodfish  street  intersects  the  same,  said  point  of  beginning  being  in 
the  center  of  Monterey  street;  thence  running  westerly  and  at  right  angles 
to  said  Monterey  street,  forty  chains;  thence  northerly,  and  parallel  to  said 
Monterey  street,  and  in  a  straight  line,  one  hundred  and  ten  chains  ;  thence 
easterly,  and  at  right  angles  to  the  last-mentioned  line, eighty  chains;  thence 
soutlierly,  and  at  right  angles  to  said  last-mentioned  line,  one  hundred  and 
ten  chains;  and  westerly,  at  right  angles,  to  the  place  of  beginning."  The 
prayer  was  granted  February  18,  1868,  under  provisions  of  the  Act  of  the 
Legislature  entitled  "  An  Act  for  the  Incorporation  of  Towns." — Approved 
April  19,  1856,  and  the  dictatn  went  forth  that  hereafter  the  place  should  be 
known  as  the  "  Town  of  Gilroy,  and  that  the  inhabitants  shall  be  and 
remain  a  Body  Politic  and  Corporate."  Saturday,  March  7,  18C8,  was 
designated  as  the  day  on  which  an  election  should  be  held  by  the  qualified 
electors  within  the  limits  above  described,  to  choose  five  Trustees,  a  Treas- 
urer, an  Assessor,  and  a  Marshal,  who  should  hold  office  in  accordance  with 
the  second  section  of  said  Act.  The  Judofes  of  Election  on  the  occasion  were 
David  Huber,  J.  W.  Clifton,  and  D.  S.  Whitney,  while  the  following  gentle- 
men composed  the  first  municipal  officers  of  the  town  of  Gilroy:  Tru.stees, 
John  C.  Loo.ser,  AVilliam  Hanna,  Frank  Oldham,  Jacob  Einstein,  Jacob  Reither; 
Treasurer,  H.  Wangenheini;  Assessor,  James  Angel;  Mai'shal,  A.  W.  Hub- 
bard. The  bonds  of  these  several  officers  were  fixed  on  March  16th,  while 
an  Ordinance  determining  the  penalty  on  persons  found  drunk  in  the  streets, 
was  passed.  On  the  23d,  the  gentleman  who  was  elected  As.sessor  failed  to 
qualify,  therefore  H.  D.  Coon  was  appointed  in  his  stead,  the  resignation  of 
the  Town  Clerk  being  at  the  same  time  handed  in  and  accepted,  J.  M. 
Keith  being  chosen  his  successor,  who,  on  April  16th,  was  directed  to  receive 
the  following  fees:  For  service  while  attending  each  meeting  of  the  Board 
of  Trustees,  one  dollar,  and  for  writing  and  copying  at  the  rate  of  twenty- 
five  cents  per  folio.     On  April  14th,  an  oi'dinance  was  passed  defining  the 


GILROY    TOWNSHIP.  283 

dimensions  of  sidewalks  to  lie  as  follovvs:  Sidewalks  on  Monterey  street, 
fourteen  feet  wide;  those  on  all  thoroug-hfares  parallel  to  it,  ten  feet;  tlie 
sidewalks  on  streets  niiuiinfj  east  and  west,  to  be  eight  feet  in  width; 
while,  at  the  same  session,  the  following  streets  were  ordered  to  he  openeil: 
Eigel berry  street,  from  Farman  to  Martha  street;  Levy  street,  from  Monte- 
rey to  Eigelberry  street ;  Farman  street,  from  M  to  E  streets ;  Martha  street, 
from  Monterey  street  to  where  it  intersects  the  count}''  road.  Ordinance  No. 
7,  likewise  passed  on  this  date,  ma<le  the  following  changes  in  the  names  of 
streets:  Sargent,  to  be  First  street;  Martha,  to  be  Second  street ;  Looser,  to 
be  Third  street;  BoJfish,  to  be  Fourth  street;  Levy,  to  be  Fifth  street;  Far- 
man,  to  be  Sixth  street;  and  Furlong,  to  be  Seventh  street.  The  poll-tax 
collectable  from  each  male  inhabitant  over  twenty-one  years  of  age  residing 
within  the  incorporated  limits  was  fixed  at  one  dollar;  and  the  Clerk 
instructed  to  notify  residents  wishing  to  improve  or  fence  in  their  property 
"  to  observe  that  Monterey  street  is  eighty-six  feet  wide,  and  all  other  streets 
parallel  to  it  are  seventy-five  feet  wide.  All  cross-streets  are  sixty-six  feet 
wide.  The  blocks  are  three  hundred  feet  deep  and  five  hundred  and  fifty 
feet  long." 

The  time  havinof  now  arrived  for  the  first  regular  annual  election  for 
town  officers,  such  was  heLl  May  4,  1868  witli  the  following  result,  the  term 
of  vocation  being  one  year:  Trustees,  F.  Oldham,  President,  J.  C.  Looser, 
William  Hanua,  J.  Einstein,  Jacob  Reither;  Recorder,  A.  Warthen;  Treas- 
urer, Henry  Wangenheim;  Assessor,  H.  D.  Coon;  Marshal,  Thomas  F. 
McGreavy;  Clerk,  J.  M.  Keith;  Attorney,  P.  B.  Tully.  May  11th  an  iron 
rod  five  feet  deep  into  the  ground,  planted  where  the  center  of  Monterey 
street  intersects  the  south  line  of  Fourth  street,  was  established  as  the 
initial  point  from  which  future  surveys  and  corrections  should  be  made; 
June  26th,  a  levy  of  one-half  of  one  per  cent,  was  directed  to  be  raised  on 
the  assessable  pi'operty  of  the  town  for  the  fiscal  year  ending  April  30,  18G9  • 
July  6th,  it  was  determined  to  construct  a  town  prison,  sixteen  by  twenty 
feet,  on  a  lot  obtained  from  John  Eigelberry;  on  the  same  date  the  resigna- 
tion of  Tru.stee  J.  C.  Looser  was  accepted;  July  8th,  Thomas  F.  McGreavy 
was  removed  from  the  office  of  Marshal  and  Cyprus  Johnson  appointed  in 
his  stead;  July  13th,  D.  Huber  was  chosen  a  Trustee  in  place  of  J.  C.  Looser; 
and  on  tlie  27th  of  the  same  month  a  committee  was  appointed  to  take 
measures  for  the  protection  of  the  town  from  fire.  On  the  9th  of  November 
exclusive  right  to  lay  pipes  an<l  supply  the  town  of  Gilroy  with  gas  was 
granted  to  George  H.  Peck,  Alexander  J.  Spencer,  Francis  E.  Spencer,  John 
M.  Keith  and  Pleasant  B.  Tully,  provided  that  not  more  than  ten  dollars, 
gold  coin,  per  one  thousand  cubic  feet  should  be  charged;  November  30th,  a 
petition  wa,s  received  from  Arzelia  Lewis  praying  that  that  portion  of  the 
town  designated  as  Lewus'  Addition  be  accepted  by  the  Board  of  Trustees, 


284  HISTORY    OF    SANTA    CLARA   COUNTY,    CALIFORNIA. 

and  the  streets  and  alleys,  so  far  as  they  are  on  her  land,  be  declared  open 
and  dedicated  to  public  use,  was  granted,  save  so  much  as  related  to  Lewis 
street,  which  was  rejected  on  account  of  its  not  being  laid  out  so  as  to  cor- 
respond with  Fourth  street;  December  7th,  on  the  petition  of  Zuck,  Rogers 
and  others  the  following  streets  were  declared  open ;  Hanna  street  to  the 
slough,  south  of  Seventh  street;  Sixth  street,  from  Church  to  Hanna  street; 
Seventh  street,  from  Church  to  Hanna  street;  Rosanna  street,  from  the  line 
of  Zuck  &  Co's.  division  fence  with  Angel  &  Co.  to  the  slough,  south  of  Sev- 
enth street;  and  Church  street,  from  Sixth  to  the  slough  south  of  Seventh 
street;  December  14th,  Lewis  street  from  Monterey,  to  the  alley  at  the  back 
of  Forrest  street,  was  declared  open  in  accordance  with  the  petition  of  Arzelia 
Lewis;  and,  on  December  29th,  a  pest-house  was  ordered  to  be  constructed 
at  the  expense  of  the  county. 

These  are  the  chief  a,mong  the  steps  taken  by  the  Board  of  Trustees  of 
the  town  of  Gilroy  to  perfect  its  organization  during  the  first  year  of  incor- 
poration. From  the  amount  of  business  transacted  it  will  be  seen  that  the 
municipality  held  no  sinecure,  but  gave  their  time  and  labor  to  the  best 
advantage  for  their  rising  town.  With  the  improvements  above  enumerated, 
as  a  natural  sequence,  the  population  increased  and  building  progressed, 
while  brighter  days  were  yet  in  store  as  the  railroad  was  making  rapid 
strides  towards  completion. 

1869. — At  a  meeting  of  the  Board  of  Trustees  held  on  February  loth  of 
this  year  it  was  resolved  that  the  citizens  of  Gilroy  ought  to  give  a  public 
reception  to  the  managers  of  the  railroad  and  visitors  to  Gilroy  on  the  open- 
ing of  the  road  to  that  town,  and  that  Frank  Oldham,  William  Hanna  and 
Jacob  Reither,  on  the  part  of  the  Trustees  be  a  committee  to  act  with  a 
like  conclave  of  the  citizens  in  the  premises. 

It  can  readily  be  conjectured  how  eager  was  the  expectation,  which  would 
bring  the  railroad  to  the  very  doors  of  the  good  people  of  Gilroy;  with  what 
avidity  they  heard  of  each  successive  mile  being  laid  that  brought  rapid 
locomotion  to  them,  and  the  lively  demonstration  they  were  prepared  to 
extend  to  its  projectors  on  that  comsummation  devoutly  to  be  wished.  That 
happy  day  at  length  arrived,  the  morning  of  April  8,  1859,  dawned  with  a 
beauty  hopefully  prophetic  of  the  good  to  come.  On  that  eventful  day  the 
iron  horse  was  received  at  Gilroy  by  an  exultant  populace.  From  all  parts 
of  the  surrounding  country  and  from  the  adjacent  counties  had  come  an 
immense  concourse  of  people  to  witness  the  fruition  of  hopes  which  had  but 
a  few  years  before  been  deemed  unobtainable.  A  feast  was  spread,  Gilroy 
put  on  its  holiday  attire,  the  guests  were  bidden,  and  all  gave  way  to  joy 
and  gladness,  and  well  they  might  for  prosperity  was  at  the  threshold  and 
sought  immediate  admittance;  As  if  by  magic,  the  hum  of  busy  workmen 
was  heard  above  the  din  of  labor;  the  woodman's  ax  reverberated  through 


GILROY   TOWNSHIP.  285 

mountains,  while  niii>htv  redwoods  crashed  to  the  earth,  sendinj;  echo  back 
to  echo,  until  lost  beyond  the  reach  of  sound.  The  hammer  and  the  saw, 
were  hard  at  work,  until  in  a  little  a  country  hamlet  became  a  town  of 
prosperity.  The  shake  stores  gave  place  to  more  seemly  marts,  the  uneven, 
muddy  and  irregular  thoroughfares,  to  well  graded  and  macadamized  streets; 
its  rough  and  unpainted  shanties,  rarely  blessed  by  the  light  of  woman's 
smile,  to  neat  and  inviting  cottages  and  comfortable  homes,  ai'ound  whose 
hearthstones  clustered  groups  of  prattling  children;  its  places  of  worship  had 
increased  fourfold,  and  its  population  in  a  like  ratio.  The  open  waste  of 
meadow  land  was  being  fast  inclosed;  cultivated  fields  appeared  on  every 
hand  and  the  valley  covered  with  flocks  and  herds.  Numbers  of  families 
had  moved  into  Gilroy  with  the  determination  of  making  it  their  pe}"manent 
home,  while  the  promise  for  the  future  was  as  hopeful  as  might  be. 

On  May  3, 18(JU,  the  annual  municipal  election  took  place,  the  following  gen- 
tlemen being  the  successful  candidates:  Trustees,  William  Gill  Mills,  President 
William  HoUoway,  C.  K.  Farley,  Jacob  Reither,  J.  A.  Kiddey;  Recorder,  A. 
Warthen;  Treasurer,  J.  Einstein;  Assessor,  P.  Francis  Hoey;  Marshal,  M. 
Gray ;  Clerk,  H.  Wangenheim ;  August  23d,  permission  was  granted  to  Messrs. 
Robinson  and  Isaac,  on  behalf  of  the  Gilroy  Fire  Protective  Association,  to 
sink  wells  at  the  intersection  of  Monterey  street,  in  the  middle  thereof,  and 
on  Third,  Fourth,  Fifth,  Sixth  and  Seventh  streets;  November  23d,  John 
Savenoaks  and  Z.  Pierce  were  appointed  Trustees  vice  C.  K.  Farley  and 
William  Holloway,  resigned;  Avhile,  on  November  30th,  it  was  voted  that 
thirty  dollars  per  month  should  be  paid  to  Vigilant  Engine  Company,  No.  1, 
towards  their  expenses.  This  is  the  fir.st  record  we  have  of  the  granting  of 
otficial  cognizance  to  the  Fire  Brigade. 

ISTO. — On  February  28th,  H.  Miller  announced  his  willingness  to  donate 
five  acres  for  a  Potter's  Field,  and  w^ould  lay  out  twenty  acres  more  in  plots, 
and  sell  the  same,  which  offer  w^as  accepted,  and  a  committee  appointed  to 
inquire  into  the  charges  contemplated  by  Mr.  Miller  for  such  plots.  It  would 
now  appear  that  preliminary  steps  had  been  taken,  and  indeed  were  in  a  fair 
way  to  perfection,  to  have  the  town  raised  to  civic  dignity,  for  we  find  on 
March  2d,  the  following  minute:  "It  is  resolved  that  wdien  the  Board  of 
Trustees  receive  news  of  the  signing  of  the  charter  incorporating  the  city, 
that  we  have  a  celebration,  and  that  the  Board  act  as  a  committee  of  the 
whole  matter."  March  7th,  G.  Hanna  and  C.  Flewelling  were  appointed 
policemen,  to  serve  under  the  orders  of  the  Board  of  Trustees;  March  IGth, 
an  Act,  to  incorporate  the  City  of  Gilroy,  was  signed,  when  the  corporate 
limits  were  left  unmolested,  and  the  government  of  the  city  vested  in  a 
Mayor,  a  Common  Council,  to  consist  of  six  members,  a  City  Marshal,  who 
shall  be  ex  officio  City  Tax  Collector,  a  City  Clerk,  who  shall  be  ex  officio 
City  Asseasor,  and  a  City  Treasurer.     It  was  directed  that  an  election  for 


286 


HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 


these  offices  should  be  held  on  the  first  Monday  of  May,  in  each  year,  at  which 
the  legally  qualified  voters  of  the  city,  should  elect  the  several  respective 
officers,  VIZ. :  a  Mayor,  Clerk,  Treasurer,  and  Marshal,  to  hold  office  for  one 
year,  and  until  their  successors  are  duly  elected  and  qualified;  six  Council- 
men,  three  to  serve  for  a  term  of  one  year,  and  three  for  the  term  of  two 
years.     As  these  new  officers  did  not  come  into  power  until  the  first  Monday 
of  May,  1870,  their  functions  were  assumed,  on  this  date,  by  the  Trustees 
the  President,    William  Gill    Mills,  settling  into    the    civic    chair,    and    his 
coadjutors,    by   a    simple   process,    transmuted   into   a    Common    Council 
Nous  avons  change  tout  ecla!  On  this  date,  March   IGth,  the  salary  of  City 
Attorney,  F.  L.  Hatch,  was  settled   at  five  hundred  dollars  a  year;  March 
17th,    a  piece  of   ground,    containing  twenty  and  thirty-three-hundredths 
acres,  was  purchased  from  Judge  E.  Bennett,  as  a  cen.etery,  the  price  being 
at  the  rate  of  forty  dollars  per  acre,  and  Mr.  Isaac  engaged  to  stake  it  out 
into  lots  and  avenues;  April   5th,  the  following  order  was  made:  That  the 
first  street  east  of  Forrest  street,  from   where  it  intersects  Sixth  street,  be 
known  as  Chestnut  street;  that  the  second  street  east  of  Forrest  street,  from 
Sixth  street  to  the  Pacheco  Pass  road,  be  known  as  Maple  street ;  while  on 
the  same  date  the  undermentioned  business  was  transacted:  The  price  of  lots  in 
the  cemetery  fixed;  James  A.    Wright  appointed   Sexton,  at  the  monthly 
compensation  of  forty  dollars;  and  P.  F.   Hoey,  chosen   to  fill   the  office  of 
Pound-keeper.     This  brings  us  to  the  first   regular  election  of  officers  under 
the  new  charter.     These  were  elected   May   10th,  as  under :  Mayor,  J.  M. 
Browne;  Councilmen,   William   Hanna,   Jacob  Reither,  J.  B.  Morey,' C.  k! 
Farley,  William  Isaac,  Volney  Howard ;  City   Treasurer,  M.  Einstein :  City 
Clerk,   George   T.    Clark;    City   Marshal,  M.  Gray.     Mav  12th,    upon  the 
retirement  of  the  President  of  the  late  Board  of  Trustees,  and  since  the  passage 
of  the  charter  the  acting  Mayor,  it  was  unanimously  Resolved,  "  That  we 
take  great  pleasure  in   publicly  testifying  to  our  high  respect,  appreciation 
and  esteem  of  the  services,  of   William  Gill   Mills,  as   Mayor  and  Executive 
officer  of  Gilroy,  for  the  year  past;  that  we  thank  him  for  his  close  attention 
to  the  business  of  his  office,  for  his  faithful  attendance  at  our  meetings,  and 
for  the  courteous  and  gentlemanly  demeanor  that  has  ever  characterized  his 
intercourse  with  us;  and  for  ourselves,  and  in  the  name  of  the  people  of  the 
City  of  Gilroy  we  thank  him  for  the  zeal,  energy,  and  ability  that  he  has 
uniformly  exhibited,   and   for    his    faithful,   unselfish,    honest    and    efficient 
administration  of  the  office  which  he  has  held,  and  of  the  duties  devolving 
upon  him  as  executive  officer  of  the  Town  and  City  of  Gilroy."  The  Common 
Council  were    thereafter  sworn   in   and   took  their    seats.     May   19th,   the 
resignation  of  City  Attorney   Hatch,  was  accepted;  May  2:3d,  rules  of  pro- 
cedure,  and  duties  of  committees,   were  defined;  June   13th,  two  hundred 
dollars  was  allowed  to  Vigilant  Engine  Company,  No.  1,  for  a  bell;  June 


G[LROY    TOWNSHIP.  287 

20th,  permission  was  granted  to  the  Pacific  Pneumatic  Gas  Company  to  lay 
pipes  and  mains  through  the  streets  ;  July  25th,  an  order  was  passed  defin- 
ing the  compensation  to  be  awarded  to  City  Clerk,  Marshal  and  Policemen; 
August  1st,  the  report  of  the  Fire  Committee,  that  water  necessary  for  city 
use,  could  be  readily  obtained,  in  sutlicient  quantity,  from  the  Uvas  creek, 
was  adopted,  and  directions  given  for  the  construction  of  three  tanks,  each 
fourteen  feet  in  diameter  and  ten  deep,  one  to  be  placed  in  tlie  center  of 
Monterey  and  Sixth  streets;  one  in  the  center  of  Monterey  and  Fifth  streets; 
and  the  Third  in  the  center  of  Monterey  and  Fourth  streets;  August  29th, 
the  privilege  to  supply  the  city  with  water,  was  granted  to  Donald  McKenzie 
and  D.  S.  K.  Buick;  November  28th,  instructions  were  given  to  call  a 
mass-meeting  of  the  inhabitants,  to  convene  on  December  2d,  to  discuss 
the  propriety  of  contesting  the  Las  Animas  grant;  while,  on  December  29th, 
the  following  resolution  was  unanimously  adopted:  "Resolved,  that  Hon.  J. 
B.  Felton  be  invited  to  visit  Gilroy  at  his  earliest  convenience,  and  address 
the  citizens,  explaining  his  views  upon  the  state  of  title  to  the  land  upon 
which  the  city  is  located,  and  the  feasibility  of  contesting  the  survey,  and 
defeatino-  the  claim  of  the  Rancho  Las  Animas  to  the  same." 

Here  would  appear  to  be  the  most  appropriate  place  to  refer  to  the  unset 
tied  state  of  the  City  Titles,  which  is  likely  to  be  for  some  time  to  come  a 
serious  hindrance  to  the  prosperity  of  Gilroy.  Originally,  the  entire  valley 
was  owned  by  a  few  Spanish  families,  principally  the  Ortegas,  Sanchez, 
Castros,  Vasquez,  and  others,  and  comprised  the  following  ranchos:  San 
Ysidro,  Las  Llagas,  Solis,  Junstiac,  Carnadero,  Sal  si  Puedes,  and  Las  Animas, 
Upon  the  last  there  settled  a  large  number  of  Americans  who,  as  we  have 
seen,  gradually  formed  the  city  of  Gilroy.  A  grant  having  been  obtained 
for  the  heirs  of  Jose  Maria  Sanchez,  these  titles  were  confirmed;  but  all  held 
as  tenants  in  common,  and  will  so  hold  until  a  decision  is  arrived  at;  until 
this  is  attained  no  great  harm  may  arise,  but  a  deterring  influence  is  exer- 
cised whereby  probable  settlers  hold  aloof.  The  history  of  the  giant  is  shortly 
this:  On  Augu.st  17,  1803,  Feliz  Beranceur,  then  Viceroy  and  Governor  of 
New  Spain,  made  a  conditional  grant  of  the  Las  Animas  Ranch  to  Mariano 
Castro.  In  the  year  1828  Mariano  Casti'o  died,  leaving  his  widow,  Josefa 
Romero  de  Castro,  and  eight  children,  viz.:  Josefa,  Encanaoion,  Cai'men 
Maria  Lugardo,  Joaquin,  Jos^,  Felipe,  and  Vicente  Castro,  and  as  he  died, 
intestate  the  property,  according  to  law,  descended  to  his  heirs  in  the  follow- 
ing proportions :  To  the  widow,  one- half  thereof,  and  to  the  childi'en  each 
one-sixteenth.  On  August  7,  1835,  Josefa  Romero  de  Castro  sold  to  Jose' 
Maria  Sanchez  all  of  her  interest  therein;  on  September  21st,  Carmen  Castro 
sold  her  interest  also  to  Sanchez;  and  on  October  IG,  184<7,  Joaquin  Castro, 
Josd  Casti'o,  and  Felipe  Castro  also  conveyed  their  interest  to  Sanchez,  thus 
giving  him  a  title  to  three-fourths  of  the  property,  the  remaining  fourth  con- 


288  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

tinning  to  be  the  property  of  Josefa,  Encarnaoion,  Maria  Lugardo,  and 
Vicente  Castro.  On  April  5,  1852,  Jose  Maria  Sanchez  filed  his  petition 
with  the  Commissioners  to  ascertain  and  settle  private  lands  and  claims  in 
the  State  of  California,  sitting  as  a  Board  in  San  Francisco,  in  which  he 
claimed  the  confirmation  of  the  title  to  this  tract  an<ler  the  name  of  El  Car- 
nadero  or  Las  Animas.  Shortly  after  Sanchez  died  intestate,  leaving  sur- 
viving his  widow,  Maria  Encarnacion  Ortega  Sanchez,  and  five  children,  viz.: 
Vicente,  Refugio,  Candelaria,  Guadalupe,  and  Josd  Gregoria,  to  whom  on 
February  14,  1853,  the  Board  of  Commissioners  confirmed  the  premises  and 
title  as  petitioned  for  by  the  deceased  Sanchez.  From  this  decision  an  appeal 
was  taken  to  the  District  Court  of  the  United  States  for  the  Northern  Dis- 
trict of  California,  and  on  May  18,  1856,  this  Court  entered  a  deci-ee  of  con- 
firmation to  the  widow  and  heirs-at-law  of  Sanchez,  and  declaring  their  title 
valid.  Some  time  afterward  the  Attorney  General  of  the  United  States 
gave  notice  that  the  appeal  would  not  be  prosecuted  to  the  Supreme  Court, 
and  the  District  Court  on  January  26,  1857,  decreed  that  the  claimants  have 
leave  to  proceed  under  the  former  decree  of  the  Court  as  under  final  decree, 
by  which  decree  the  proceedings  upon  this  title  became  final.  A  survey  of 
the  premises,  the  title  of  which  was  thus  confirmed,  was  now  made  and  the 
same  confirmed  by  the  United  States  District  Court  on  June  10,  1865,  and 
a  decree  entered  accordingly.  This  decree  was  then  taken  on  appeal  to  the 
Circuit  Court  of  the  United  States  for  the  District  of  California,  where,  on 
September?,  1866,  it  was  decreed  that  the  Decree  of  the  District  Court,  of 
June  10,  1865,  be  in  all  respects  affirmed.  On  Mai-ch  15,  1873,  a  Patent 
was  issued  for  the  land  confirmed  and  surveyed  as  aforesaid.  On 
February  15,  1858,  Josefa  Castro,  who  still  held  her  sixteenth  part  of  the 
premises,  sold  her  title  and  interest  to  Martin  Murphy,  who  on  June  9,  1860, 
conveyed  the  same  to  Johanna  Fitzgerald.  September  15,  1852,  Vicente 
Castro  sold  and  conveyed  to  Alexander  Godey  all  of  his  right  and  title  to  the 
premises,  and  afterward  Godey  was  succeeded  as  owner  of  the  sixteenth  part 
of  the  tract  conveyed  by  Vicente  Castro,  by  Thomas  Rea.  Henry  Miller 
claims  to  have  acquired  all  of  the  title  and  interest  of  Encarnaeion  and  Maria 
Lugardo  Castro,  in  the  Las  Animas,  ten  years  before  the  Patent  above 
referred  to  was  issued.  The  Rancho  contains  twenty-one  thousand  three 
hundred  and  seventy-seven  acres,  lying  in  the  southern  portion  of  Santa 
Clara  county,  the  city  of  Gilroy  being  situated  upon  a  portion  thereof. 

1871. — On  January  20th,  it  was  resolved,  "That  His  Honor  J.  M.  Browne 
be,  and  he  is  hereby,  authorized  to  employ  on  behalf  of  the  Common  Council 
the  services  of  J.  B.  Felton  of  Oakland  to  test  the  validity  of  the  right  of 
the  claimants  of  the  Las  Animas  Rancho  to  the  land  upon  which  the  city  of 
Gilroy  is  situated."  To  the  partition  suit  then  instituted  by  the  three  plaint- 
iffs  mentioned  above,  viz.:  Johanna  Fitzgerald,  Thomas  Rea,  and  Henry 


•^y'  V 


Po^f 


HE  NEW  vn 

"BLIC 


GILROY   TOWNSHIP.  289 

Miller,  there  were  no  less  than  one  thousand  and  thirty-two  defendants, 
tenants  and  claimants  of  portions  of  the  Las  Aniinas  Ranch,  including 
all  of  the  land-owners  of  Gilro}'.  Of  these  the  first  two  liundred  and 
sixty-eight  alleged  to  hold  their  titles  with  the  plaintitis,  under  convey- 
ances niaile  by  the  widow  and  heirs  of  Mariano  Castro;  the  other  defend- 
ants claimed  to  have  some  interest  which  it  is  designed  the  action  shall 
determine.  Under  date  March  10th,  we  find  that  the  fire-bell  was 
wont  to  be  rung  when  no  occasion  offered — as  a  frolic  simply — it  was 
therefore  ordered  by  the  Common  Council,  that  any  company  causing  such 
false  alarm  to  be  sounded  would  lose  its  claim  to  one  month's  allowance  for 
Steward  for  each  alarm  so  made;  May  1st,  the  following  Corporate  officers 
were  elected:  Mayor,  Volney  Howard;  City  Clerk,  George  T.  Clark;  City 
Treasurer,  John  M.  Einfalt;  City  Marshal,  George  T.  Headen;  Couneilmen, 
J.  H.  Corey,  E.  B.  Hitchcock,  W.  N.  Steuben,  for  two  years;  Jacob  Reither, 
William  Isaacs,  C.  K.  Farley,  for  one  year.  August  2d,  directions  were 
issued  towards  the  establishment  of  a  Fire  Department;  October  2d,  a  com- 
mittee was  appointed  to  confer  with  the  officers  of  the  Gih'oy  Water  Com- 
pany in  regard  to  making  the  necessary  arrangements  for  the  placing  of 
hydrants,  etc.,  for  the  purpose  of  supplying  the  city  with  water  in  case  of 
fire;  December  11th.  a  motion  that  the  City  Attorney  draft  a  memorial  to 
the  Legislature  pra3'ing  for  a  change  in  the  charter,  so  as  to  extenil  the 
southern  limits  of  the  corporation  southward  sixty-four  chains  from  the 
south  side  of  Fourth  street  was  carried. 

1S72. — January  1st.  It  would  appear  that  before  this  date  a  Chief 
Engineer  of  the  Fire  Department  and  a  Fire  Commissioner  had  existed,  but 
who  these  officers  were  the  records  do  not  show ;  that  there  were  such  is  evi- 
dent, for  on  that  date  we  find  the  report  of  the  first  was  read  and  filed, 
while  the  salary  paid  to  the  latter  then  ceased:  January  15th,  L.  V.  Parsons 
was  appointed  City  Clerk,  in  place  of  Mr.  Clark,  who,  on  his  resignation 
being  accepted,  received  the  thanks  of  the  Council  for  the  faithful  manner 
in  which  he  had  performed  his  dutie.s:  February  5th,  we  note  that  certain 
residents  of  Gilroy  had  sent  a  protest  to  the  Legislature  against  the  passage 
for  the  Bill  to  amend  the  charter,  on  the  ground  that  it  is  proposed  to  involve 
the  city  in  a  large  expense  for  constructing  a  levee,  it  was  therefore  found 
necessary  to  give  a  distinct  denial  to  these  statements,  at  the  same  time 
making  it  known  that  the  only  work  contemplated  was  the  grading  of  cer- 
tain streets  in  the  western  and  southern  portions  of  the  city  so  as  to  prevent 
overflow:  February  7th,  an  ordinance  to  oi-ganize  the  Fire  Department  of 
the  city  of  Gilroy  was  passed,  as  also  one  granting  a  water  franchise  for 
twenty-five  years,  and  another  permitting  the  Pacific  Pneumatic  Gas  Com- 
l)any,  for  a  like  term,  to  lay  pipes  in  the  streets;  on  this  date  the  office  of 

Citv  Attorney  was  created,  and  its  duties  defined  ;  while  a  City  Police  force 
19       ' 


290  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

was  established;  April  1st,  R.  B.  Buckner  was  appointed  Police  Judge; 
May  1st,  the  annual  election  for  the  corporation  officers  took  place,  the 
choice  falling  on  the  undermentioned  gentlemen:  Mayor,  Volney  Howard; 
Marshall,  G.  T.  Headen;  Treasurer,  J.  M.  Einfalt;  Clerk  and  ex  offboio 
Assessor,  L.  V.  Parsons;  Councilmen,  Thomas  Rea,  Alexander  Hay,  Moses 
Korn,  for  two  years ;  J.  H.  Corey,  E.  B.  Hitchcock,  W.  N.  Steuben,  for  one 
year;  City  Attorney,  W.  L.  Hoover.  July  1st,  the  stacking  of  hay  within 
the  corporate  limits  was  prohibited. 

1873. — January  6th,  R.  B.  Buckner  was  elected  Police  Judge  ;  May  5th,  the 
petition  of  Gilroy  Hose  Company  No.  1,  to  have  cha.rge  of  a  new  hose  car- 
riage, lately  purchased,  was  granted,  and  a  committee  appointed  to  make 
arrangements  for  them  to  occupy  part  of  the  room  in  possession  of  the 
Eureka  Hook  and  Ladder  Company,  No.  1.  August -4th,  an  ordinance  was 
passed  regulating  the  speed  of,  and  preventing  the  obstruction  of  streets  by, 
railroad  trains,  and  to  prevent  the  moving  of  cars  while  detached  from  a 
locomotive.     In  this  year,  the  election  of  city  officers  became  biennial. 

ISTJf: — January  1st,  the  petition  of  Neptune  Hose  Company,  No.  1,  to  be 
admitted  into  the  Fire  Department,  was  granted;  May  5th,  at  the  periodic 
election,  the  result  was  as  follows:  Mayor,  William  N.  Furlong;  Mai^shal, 
J.  C.  Woods  ;  Clerk,  F.  G.  Dyer ;  Treasurer,  J.  M.  Einfalt ;  Councilmen, ' 
Thomas  Rea,  William  H.  Steuben,  A.  G.  Cole,  J.  H.  Gardner,  J.  C.  Morey, 
AdamRiehl;  September  1st,  Chief  Engineer  Kossell  draws  attention  to  three 
fires  during  the  past  quarter,  and  strenuously  urges  steps  to  better  prevent 
like  catastrophes;  October  5th,  it  was  resolved  by  the  Council  to  purchase 
the  property  of  the  Gilroy  Fire  Protective  Association  for  three  thousand 
one  hundred  and  fifty  dollars,  such  sum  to  be  paid  in  installments,  the 
effects  consisting  of  a  fire  engine,  apparatus,  equipage  and  engine  house. 

187 0. — The  lease  of  quarters  for  Neptune  Hose  Company  and  Eureka 
Hook  and  Ladder  Company,  from  Volney  Howard  &  Co.,  directed  to  be 
recorded  in  the  office  of  the  County  Recorder;  April  5th,  Billy  Kiddey  was 
directed  to  assume  control  of  the  new  fire-bell;  and,  September  Gth,  the  report 
of  Chief  Engineer  McDuffee  was,  on  his  retirement,  adopted,  and  James 
White  appointed  in  his  stead. 

187G. — January  3d,  J.  P.  Martin  was  elected  Police  Judge ;  January  4th, 
the  bid  of  four  hundred  and  twenty-three  dollars  and  fifty  cents,  tendered 
by  W.  H.  Burroughs  for  the  construction  of  a  City  Hall,  on  the  jail  lot,  was 
accepted;  March  11th,  the  proposition  of  J.  R.  Rhinehart  to  furnish  street 
signs,  paint  the  names  and  place  them  in  position,  for  thirty  dollars,  was 
adopted,  May  1st,  the  result  of  the  yearly  election  was:  Mayor,  William 
Hanna;  Marshal,  A.  G.  Hinman;  City  Clerk  and  ex  officio  Assessor, 
Thomas   D.   Satterwhite ;  Treasure!',    Samuel  Barclay ;    Councilmen,   L.    A. 


G[LROY    TOWXSIIII'.  291 

Whitehui'st,  Adam  Riehl,  John  Paine,  Jacob  Roithev,  Eli  Emlay,  Amos 
Robinson;  Juno  21.st,  a  vacancy  having  occurred  in  the  office  of  City  Treas- 
urer by  the  death  of  Samuel  Barclay,  W.  H.  Burroughs  was  appointed  to  fill 
the  position ;  July  17th,  the  purchase  of  the  Eureka  Hook  and  Ladder 
truck  was  effected;  September  25th,  a  committee  was  appointed  to  defend 
the  suit  brought  against  the  city,  for  two  hundred  and  twenty-five  dollars, 
claimed  to  be  due  for  services  rendered  by  City  Attorney  G.  M.  Mason. 

1877 . — January  1st,  J.  P.  Martin  was  elected  Police  Judge ;  and  on  Feb- 
ruary 14th  plans  and  specifications  for  the  increase  in  size  of  the  cisterns 
were  adopted,  and  the  contract  awarded  to  W.  H.  Burroughs,  which  was 
afterwards  rescinded,  however,  on  the  discovery  that  Mr.  Burroughs  being 
one  of  the  city  officers  he  was  disqualified  to  enter  into  such  an  agreement, 
fresh  bids  were  therefore  called  for,  and  that  of  James  White  accepted. 
The  work  was  duly  performed,  reported  as  done  to  the  satisfaction  of  the 
Fire  and  Water  Committee,  April  13th,  and  adopted  by  the  Council. 

1878. — January  1st,  Perry  Dowdy  was  elected  Police  Judge;  May  6th, 
the  following  gentlemen  were  elected  to  serve  as  city  officers  for  the  next 
two  years:  Mayor,  A.  Riehl;  Clerk,  Thomas  D.  Satterwhite;  Marshal,  3. 
M.  Christy;  Treasurer,  George  E.  Hersey;  Councilmen,  L.  A.  Whitehurst, 
Jacob  Reither,  D.  Thornton,  William  Fitzgerald,  M.  Casey,  W.  R.  Bane ; 
June  3d  power  was  granted  to  the  Board  of  Fire  Delegates  to  consolidate 
the  two  companies. 

1879. — January  20th  the  Mayor  was  granted  full  power  to  act  in  making 
the  necessary  arrangements  for  the  defense  on  the  part  of  the  city  in  the 
suit  to  partition  the  Rancho  Las  Animas,  entitled  Henry  Miller  et  al.  versus 
Massey  Thomas  et  al.,  who,  February  3d,  reported  that  he  had  entered  into 
a  contract  with  W.  W.  Hoover,  to  conduct  the  case  in  the  city's  behalf. 

1880. — January  5th,  Perry  Dowdy  was  elected  Police  Judge ;  and  May 
7th  the  yearly  election  was  held  with  the  following  issue:  Mayor,  John  G. 
Otto;  Clerk,  Thomas  D.  Satterwhite;  Marshal,  C.  S.  Adams;  Treasurer. 
George  E.  Hersey ;  Councilmen,  E.  B.  Dangerfield,  Jacob  Reither,  R.  Cobb, 
H.  C.  Morey,  William  Fitzgerald,  D.  Thornton. 

Methodist  Episcopal  Church,  South. — This,  the  earliest  church  in  Gilroy, 
was  organized  June  4,  1853,  when  the  locality  of  the  city  was  known  as 
Pleasant  Valley.  The  Stewards  then  appointed  being:  Joseph  Davis,  Dr.  B. 
Bryant,  R.  B.  Harris,  E.  G.  Cannon,  George  Williams,  and  Joseph  Twitchell. 
The  only  organizing  member  was  Mrs.  Nancy  Bryant,  wife  of  the  doctor 
mentioned  above,  a  rather  curious  fact,  when  taken  in  connection  with  the 
advancement  since  made  by  the  body  in  Gilroy.  The  Presiding  Elder  on 
the  occasion  was  W.  E.  Gobe,  and  the  Circuit  Preacher  J.  T.  Cox,  the  district 


292  HISTOKY    OF    SANTA   CLARA   COUiNTY,    CALIFORNIA. 

being  included  in  that  of  San  Francisco,  and  the  circuit  embracing  Santa 
Cruz,  Monterey,  San  Juan,  and  Pleasant  Valley.  On  May  13,  1854,  a 
Sabbath-school  was  formed,  and  with  such  good  promise  that  it  opened  with 
five  teachers,  twenty-five  scholars  and  a  library  of  one  hundred  and  fifty 
volumes.  During  the  year  1855  a  church  was  erected  at  a  cost  of  one 
thousand  dollars,  and  B.  Bi-yant,  W.  R.Bane,  William  Harvey,  E.  P.  Wright, 
and  John  Eigelberry  appointed  Trustees  of  the  building,  the  Rev.  A.  M. 
Bailey  being  Circuit  Preacher.  In  the  year  1836,  Rev.  J.  G.  John.son  suc- 
ceeded Mr.  Bailey.  We  will  now  give  the  names  chronologically  :  In 
1857,  Rev.  John  L.  Sanders  was  Preacher  in  charge;  1858,  Rev.  O.  Fisher, 
Presiding  Elder,  T.  C.  Barton  in  charge ;  1859,  H.  N.  Compton  vice  Barton, 
J.  W.  Stall  vice  Compton;  1860,  J.  C.  Simmonds  vice  Fisher,  Presiding 
Elder;  1861,  M.  Evans  t'ice  Simmonds,  B.  R.  Johnson  vice  Stall;  1863,  A. 
M.  Bailey,  Presiding  Elder,  J.  C.  Pendergast  in  charge;  1864,  S.  W.  Davies, 
Presiding  Elder;  1865,  J.  Emery  in  charge;  1866,  I.  L.  Hopkins  in  charge; 
1867,  John  McClay,  Presiding  Elder;  1868,  J.  L.  Burchard  in  charge:  1869, 
E.  R.  Miller,  Presiding  Elder;  1870,  J.  P.  Jones  in  charge;  1871,  J.  C  Sim- 
monds, Presiding  Elder,  J.  C.  Pendergast  in  charge;  1872.  George  Sim,  Pre- 
siding Elder,  W.  F.  Compton  in  charge ;  1874,  W.  A.  Finley  in  charge;  1875 , 
W.  F.  Compton  in  charge  ;  1876,  J.  W.  Mahon  in  charge ;  1877,  Samuel  Brown, 
Presiding  Elder,  T.  A.  Atkinson,  the  present  pastor,  in  charge.  It  should  be 
remarked  that  in  the  year  1871  the  present  church  was  built,  on  Church  street 
near  Third.  The  present  membership  is  about  eighty;  the  officebearers  are: 
D.  Thornton,  C.  W.  Bronson,  W.  W.  Beauehamp,  H.  Reeve,  W.  R.  Bane,  C. 
Weldon,  J.  R.  Bane,  C.  B.  Crews,  P.  Dowdy,  0.  D.  Dryden,  and  J.  Phegle}-. 
There  is  in  connection  with  the  church  a  well-attended  Sabbath-school,  under 
the  superintendence  of  D.  Thornton. 

Saint  Marys  Catholic  Church. — In  the  year  1852,  Martin  Murphy,  Senior, 
at  his  own  expense,  erected  a  little  church  about  five  miles  from  Gilroy,  at  a 
place  called  Martinsville,  which  Avas  dedicated  to  Saint  Martin.  It  stood 
•about  four  miles  from  the  Monterey  road,  ou  an  elevation,  at  the  base  of  the 
foot-hills,  on  a  plot  of  five  acres,  granted  to  the  church.  The  building  was 
inaugurated  by  Father  De  Vos,  and  occupied  a  space  of  forty  by  twenty -five 
feet.  The  land,  though  still  the  property  of  the  church,  is  occupied  by  Dan. 
Murphy,  a  son  of  the  donor.  Up  to  the  year  1856,  the  District  of  Gilroy  had 
been  under  the  jurisdiction- of  San  Jose,  and,  till  1864,  under  that  of  San 
■Juan,  but  in  that  year  it  was  formed  into  a  separate  parish,  a  church  of  sixty 
by  thirty-three  feet,  built,  and  opened  by  Father  Hudson,  the  original 
and  present  pastor,  December  17,  1865.  The  first  baptismal  rite  performed 
in  the  little  church  of  Saint  Martin,  was  that  of  Martin  J.C.  Murphy,  a  grand- 
son of  Martin  Murphy,  Senior,  on  June  29,  1852;  the  tii'st  marriage  cere- 
mony   was  solemnized    by  Father    De  Vos,    May    20,    1855,    the   parties 


GILROY   TOWNSHIP.  293 

interested  being:  William  Welsh  and  Anastasia  O'TooIe.  The  first  ceremonies 
of  a  like  nature,  to  take  place  in  Saint  Mary's  Church,  was  the  baptism,  on 
Docemlx'r  24,  1SG5,  of  Emily  Ann,  daughter  of  Edwin  A.  and  Catharine 
Eswortliy,  now  residents  near  the  Madrone  Station ;  and  the  wedding  of 
William  Jefferson  to  Mary  Caulfield,  in  February,  18G6.  In  the  year  1870, 
the  Convent  was  erected  and  a  school  opened  on  the  11th  September,  of  that 
year,  under  Sister  Superior  Raymonda  Cremadell.  In  the  year  1877,  Mrs. 
Dunn,  a  lady  resident  of  San  Jos^,  but  formerly  intimately  connected  with 
the  parish,  donated  a  sum  of  five  thousand  dollars,  for  the  purpose  of  erecting 
a  free  boy's  school ;  one  thousand  dollars,  of  this  amount,  was  appropriated  for 
building  purposes,  and  the  balance  retained  as  a  reserve  fund.  The  school 
now  is  in  a  flourishing  condition,  and  has  an  average  attendance  of  sixty 
scholars,  boj's  and  girls,  who  receive  the  benefit  of  an  excellent  ordinary 
education. 

The  Christian.  Church  of  Gilroy. — This  church  was  first  organized  at 
Gilroy,  in  the  month  of  March,  1855,  by  Thomas  Thompson,  John  P.  McCorkle 
and  James  K.  Rule,  who  were  the  first  officiating  elders.  The  members  were: 
Massey  Thomas  and  wife,  George  Anson,  David  Lillard  and  wife,  Stephen  W. 
Withers,  Milton  T.  Holsclaw,  and  James  Holsclaw.  The  first  meetings  were 
held  in  the  old  school-house,  near  the  present  church,  which  was  erected  in 
1857.  It  stands  on  Church  street,  near  Third,  and  has  a  sitting  capacity  of 
about  two  hundred.  Its  cost  was  about  two  thous^and  five  hundred  dollai'S. 
The  present  membership  numbers  between  forty  and  fifty  persons,  while  the 
oflSciating  elders  are  Messrs.  Wallace  and  Rule. 

Methodist  Episcopal  Church  of  Gilroy. — The  Methodist  Episcopal  Church 
of  Gilroy,  was  organized  with  thirteen  members,  in  September,  1857. 
Present  membership  sixty.  Reverends  Isaac  Owens  and  William  Gafney  were 
the  first  pastors,  and  remained  tivo  years.  The  following  pastors  succeeded 
the  above  named :  James  Brier,  Hiram  Van  Gundy,  Rev.  Caton,  John 
Dougherty,  Noah  Burton,  Warren  Nims,  J.  W.  Stump,  A.  K.  Crawford,  D. 
A.  Dryden,  S.  C.  Elliott,  T.  C.  George,  H.  D.  Hunter,  J.  A.  Bruner,  and  J. 
W.  Bryant.  The  first  church  building  was  erected  in  1856,  at  a  cost  of 
eight  hundred  dollars.  The  present  edifice  was  erected  under  the  pastorate 
of  Rev.  D.  A.  Dryden,  in  1872,  at  a  cost  of  eight  thousand  dollars.  The 
property  is  free  from  debt. 

The  Presbyterian  Church. — The  Presbyterian  Church  of  Gilroy,  was 
organized,  September  16,  1860,  by  Rev.  A.  F.  White,  LL.D.,  and  consisted 
of  the  following  members:  Horace  Willson  and  wife,  Mrs.  E.  E.  Willson, 
Miss  Lavinia  Willson,  John  A.  Perkins  and  wife,  Mrs.  S.  C.  Perkins,  Rodney 
Eschenberg,  Miss  Eliza  V.  Fergusson,  Mrs.  C.  E.  White,  Miss  MaryE.  White, 
Miss  A.  L.  Eschenberg,  J.  L.  Johnson  and  wafe,  Mrs.  R.  I.  Johnson.    The  first 


294  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

elder  elected  was  John  A.  Perkins.  At  the  outset  this  organization  was  in 
Old  Gilroy  or  San  Ysidro,  and  the  fii'st  house  of  worship  on  the  Llagas 
creek,  built  in  the  year  1859.  The  Rev.  Mr.  White  remained  the  pastor  one 
year,  then  removed  to  Carson  City,  Nevada.  In  September,  18G2,  the  Rev. 
John  Edwards  became  the  ministerial  supply,  remaining  four  years.  In 
1867,  the  Rev.  W.  W.  Brier,  became  supply.  Rodney  Eschenberg  was 
ordained  elder,  in  1868,  and  continues  to  fill  that  office.  The  Rev.  J.  Mc- 
Laughlin became  pastor,  in  August,  1868,  and  Dr.  D.  Huber,  elder  in  the 
same  year,  the  former  dying  at  Monterey  in  1870.  In  January  of  the  last- 
mentioned  year,  the  Rev.  A.  M.  Stewart  became  pastor,  the  location  of  the 
church  being,  shortly  before,  removed  to  the  corner  of  Church  and  Fifth 
streets,  Gilroy.  In  April,  1871,  H.  W.  Briggs  was  chosen  elder,  serving  until 
February,  1880,  with  John  C.  Gambol  and  R.  Eschenberg.  The  Rev.  Dr. 
Stewart's  pastorate  expired  in  April,  1874.  Following  him  the  Rev.  B.  T. 
DeWitt  filled  the  pulpit,  beginning  February,  1875,  and  continuing  till  July, 
1876,  when  he  was  succeeded  by  Rev.  J.  L.  Drum,  who  served  two  years. 
In  April,  1879,  the  pi^esent  pastor.  Rev.  T.  M.  Oviatt,  assumed  the  pastorate 
and  was  installed.  May  23,  1880.  The  present  membership  is  seventy-five. 
The  house  of  worship  is  a  neat,  commodious,  frame  building,  of  thirty-five 
by  sixty  feet,  and  cost  six  thousand  dollars,  while  in  connection  therewith  is 
a  Sabbath-school,  of  seventy-five  scholars.  The  present  elders  are:  J.  Eck- 
hart,  R.  Eschenbei'g,  H.  Willson,  J.  J.  Dorland.  The  residence  of  the  pastor 
adjoins  the  church. 

Protestant  Episcopal  Church. — The  first  services  had  by  the  Episcopalians 
in  Gilroy,  were  ordinarily  held  in  the  church  of  the  Methodist  Episcopal 
Bod}^  South,  by  the  Rev.  E.  G.  Peake.  In  the  Spring  of  1869,  a 
missionary  district  was.  organized  in  conjunction  with  San  Juan  and 
Watsonville,  in  the  adjacent  counties  of  Monterey  and  Santa  Cruz,  the 
devotions  in  Gilroy  being  conducted  by  Rev.  Mr.  Anderson,  the  missionary 
in  charge,  twice  a  month  in  York  Hall.  These  were  continued  until  Novem- 
ber. Owing  to  the  absence  of  a  clergyman  in  the  district,  on  January  2, 
1870,  license  to  hold  lay  services  was  received  b}^  Matthew  Lennon,  who  read 
the  i^rayers,  and  on  the  9th  of  that  month  organized  a  Sunday-school  in  con- 
nection with  the  church.  Mr.  Lennon  thus  continued  until  the  Fifth  Sunday 
after  Trinity,  1870,  when  charge  of  the  mission  was  assumed  by  Rev.  E.  C. 
Cowan.  Not  long  after  the  arrival  of  this  pastor,  steps  were  taken  for  the 
construction  of  a  church  edifice.  Work  on  the  building  was  commenced 
October  1,  1870,  and  the  first  service  held  therein  Januarj^  29, 1871,  by  Rev. 
A.  L.  Brewer,  of  San  Mateo,  assisted  by  Rev.  Mr.  Cowan.  The  building 
cost  altogether  four  thousand  five  hundred  dollars,  is  gothic  in  architecture 
and  has  a  shapely  spire.  Mr.  Cowan  remained  in  charge  until  March  21 , 
1875,  when  Mr.  Lennon  resumed  his  duties  as  lay  reader  and  Superintendent 


GILROY   TOWNSHIP.  295 

of  the  Sunday-school,  aiul  so  coutinuud  until  reheved  by  Rev.  J.  E.  Ham- 
mond, March  21, 1870.  Mr.  Hammond  only  remained  until  September  24th, 
when  the  duties  once  more  devolved  upon  Mr.  Lcnnon.  May  13,  1877,  Kev. 
James  B.  Britton  took  charge,  and  filled  the  pulpit  until  September  4,  1879, 
since  when  Mr.  Lennon  has  filled  the  trust  as  lay  reader. 

Gilroij  High  School. — Twenty-seven  years  have  rolled  round  since  the 
first  public  school  was  opened  at  Gilroy.  To-day  the  old  pioneers  of  the 
town  jjoint  you  to  sober,  middle-aged,  and  even  gray-headed  men,  who 
twenty-seven  short  years  ago  sported  in  the  school-yard  as  light-hearted 
urchins.  The  headstones  in  the  beautiful  cemetery  just  west  of  the  city  tell 
the  story  of  others  cut  down  in  all  the  promise  of  youth  and  all  the  vigor  of 
manhood. 

In  the  eastern  suburl)s  of  Gilroy,  in  a  small  building  on  the  i)resent  Hilde- 
brand  place,  the  first  public  school  of  Gilroy  was  opened.  This  was  in  the 
year  1853.  The  first  teacher  was  John  R.  Bain.  Next  in  the  list  of  peda- 
gogues was  a  Mr.  Stewart,  who  remained  but  a  short  time. 

In  a  long,  low,  badly-furnished  building  near  the  site  of  our  present 
school-house,  D.  J.  Jackson  taught  the  "  young  idea  how  to  shoot."  This 
teacher,  the  third  in  the  list;  opened  school  with  but  four  pupils;  H.  K. 
Brown,  James  M.  Brown,  John  R.  Bane,  and  James  R.  Bane. 

The  next  teacher  in  the  list  was  D.  W.  Herrington,  who  has  since  been 
District  Attol-noy  and  Member  of  the  Assembly  of  this  State.  Next  in 
order  we  find  Mr.  Reynolds,  Rev.  W.  R.  Gober,  and  Mr.  Featherman.  Fol- 
lowing these  the  school  was  for  more  than  ten  years  under  the  very  efiicient 
management  of  Dr.  A.  F.  White,  who  was  assisted  hy  his  wife  and  Mrs. 
Bucknam.  Mr.  and  Mrs.  S.  M.  Shearer  were  followed  successively  by  Jos. 
Horner,  Mr.  Breed,  Azariah  Martin,  E.  Leavesly,  P.  F.  Hoey  and  Jos.  Emery, 
Avhose  names  will  be  recalled  with  more  or  less  pleasure  by  many  of  our 
present  citizens. 

Up  to  this  time  we  have  been  obliged  to  depend  upon  the  memory  of  our 
oldest  citizens,  all  the  school  records  prior  to  1867  having  been  destroyed  by 
fire.  June  8,  1867,  Perry  Dowdy,  J.  W.  Clifton,  and  Massey  Thomas  con- 
stit.uted  the  Board  of  Trustees,  J.  W.  Clifton  beincj  Clerk.  In  the  follow- 
ing  August  the  Board  elected  Mas.sey  Thomas,  Clerk,  and  employed  as  teach- 
ers, A.  R.  Scott  at  eighty -five  dollars,  and  Isabella  Gallagher  at  fifty  dollars, 
per  month.  February  5,  1868,  Henry  Horner  was  employed  for  three 
months.  April,  1868,  Wm.  Colwell,  John  Budgever,  and  Mrs.  Hunter  were 
employed  at  one  hundred  dollars,  eighty  dollars,  and  fifty  dollars,  per  month, 
respectively.  The  Board  now  consisted  of  J.  W.  Clifton,  Massey  Thomas 
and  A.  O.  Reeve,  Mr.  Reeve  beinor  Clerk. 

At  the  annual  election  of  1869,  H.  W.  Briggs  was  elected  a  member  of 
the  Board,  and  it  was  resolved  to  l>uild  a  new  school-house.     For  this  pur- 


296  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

pose  a  tax  of  seventy  cents  on  the  hundred  dollars  was  voted  by  a  large 
majority;  and  Mike  Gray  was  elected  Assessor  and  Collector.  The  new 
school-house  was  built  by  J.  J.  Borland,  from  plans  furnished  by  W.  H.  Bur- 
roughs. It  cost  five  thousand  eight  hundred  and  twenty-five  dollars.  In 
December,  1869,  the  Trustees  borrowed  three  thousand  dollars  to  finish  pay- 
ing for  the  new  buildinof,  and  to  furnish  it. 

The  teachers  employed  at  this  time  were  William  T.  Holey,  Miss  R.  M. 
Palmer,  and  Mrs.  E.  R.  Harris,  at  one  hundred  dollars,  ninety  dollars,  and 
seventy-five  dollars,  per  month,  respectively. 

In  August,  1870,  a  special  meeting  of  the  Board  of  Trustees  was  called  to 
consider  whether  negro  children  should  be  admitted  to  the  privileges  of  the 
school.  J.  C.  Ziick  appeared  for  the  colored  children;  and  after  a  full  con- 
sideration of  the  subject,  it  was  resolved  not  to  admit  them.  Octobei",  1870 
a  special  tax  was  vote'd  for  the  purpose  of  paying  a  debt  upon  the  school- 
house;  and  John  M.  Keith  was  appointed  Assessor  and  Collector. 

In  July,  1871,  C.  B  Towle,  Miss  Mary  Wright,  Miss  Jennie  McComb  and 
Mrs.  E.  K.  Harris  were  elected  teachers,  at  one  hundred  and  twenty  dollars, 
eighty  dollars,  seventy  dollars,  and  sixty  dollars,  per  month,  respectively. 
In  December  Miss  Lilla  Kratzer  was  elected  to  fill  the  vacancy  caused  by 
the  resignation  of  Mrs.  Harris. 

In  April,  1872,  a  tax  of  ten  cents  on  the  hundred  dollars  was  voted,  for 
the  purpose  of  continuing  the  school  a  full  ten  months;  and  H.  W.  Briggs 
was  re-elected  Trustee. 

In  July,  1872,  C.  T.  Johns  was  chosen  Principal  at  one  hundred  and 
twenty-five  dollars  per  month;  and  Miss  J.  McComb,  Miss  Mary  Kline,  and 
Miss  Georgie  Farley,  were  elected  to  fill  the  other  departments. 

At  the  annual  election  in  April,  1873,  B.  F.  Van  Deventer  was  elected 
Trustee,  and  H.  W.  Brings  was  chosen  as  Clerk  of  the  Board. 

It  was  now  resolved  to  re-organize  the  school  into  five  departments,  to 
meet  the  demands  of  the  town  for  greater  school  facilities.  The  salaries 
Avere  fixed  at  one  hundred  and  twenty-five  dollars,  seventy  dollars,  sixty 
dollars,  and^fifty  dollars,  per  month,  respectively,  for  the  grammar,  first  and 
second  intermediate,  primary,  and  lower  primary  departments. 

There  being  several  applicants  for  the  position  of  Principal,  and  the  Board 
not  being  able  to  agree  upon  the  choice  of  any  one,  the  election  for  that 
position  was  deferred,  and  Miss  Josie  Wright  and  Miss  Mary  Kline  were 
chosen  for  the  intermediate,  and  Mrs.  E.  H.  Strange  and  Miss  Julia  Martin, 
for  the  primary  departments. 

On  the  12th  of  August,  Mr.  Van  Deventer  and  H.  W.  Briggs  still 
disagreeing  as  to  the  choice  of  a  Principal,  the  election  was  again  deferred. 
The  Board  met  again  on  the  14th,  when  A.  W.  Oliver  was  elected  as  Princi- 
pal by  the  vote  of    H.  W.  Briggs   and    Mr.  Reeve,  who  voted    by  proxy 


GILROY    TOWNSHIP.  297 

throurrh  Mr.  Bri<^o-s.     The  election  of  A.  W.  Oliver  was  the  result  of   the 
only  disagreement  that  liad  occurred  in  the  Board  for  many  years. 

In  July,  1873,  Mrs.  M.  Mount  was  elected  to  fill  the  vacancy  caused  by 
the  resicT-nation  of  Miss  Julia  Martin.  A  small  building  on  the  corner  of 
Church  and  Sixth  streets  was  fitted  up  for  this  department.  In  July,  1874, 
Volney  Howard  and  William  Willson  were  elected  as  members  of  the  Board, 
and  H.  W.  Briffofs  was  airain  chosen  Clerk.  In  1874  the  same  corps  of 
teachers  was  re-elected;  and  on  account  of  the  great  amount  of  labor 
required  of  the  Principal,  his  salary  was  raised  to  one  hundred  and  fifty  dol- 
lars per  month. 

The  school  having  now  outgrown  its  accommodations,  in  December,  1874, 
it  was  voted  by  an  overwhelming  majority  to  raise  five  thousand  dollars, 
by  taxing  the  district,  and  Foster  G.  Dyer  was  elected  Assessor  and  Collector 
In  April,  1875,  the  contract  for  building  the  additional  rooms  was  awarded 
to  J.  J.  Dorland,  for  the  sum  of  four  thousand  four  hundred  and  forty-two 
dollars. 

In  June,  1875,  the  same  corps  of  teachers  were  re-elected,  and  the  salary 
of  Mrs.  Mount  was  increased  to  sixty  dollars  per  month.  At  the  close  of 
the  Spring  term  of  this  year  a  school  social  was  given,  to  raise  money  for 
the  purchase  of  a  bell  for  the  school-house.  The  amount  thus  raised, 
together  with  an  equal  sura  donated  by  a  number  of  the  generous-hearted 
citizens,  was  invested  in  a  bell,  whose  sweet  tones  have  for  five  years  been 
daily  floating  out  upon  the  valley,  and  calling  the  Gilroy  boys  and  girls  to  the 
pleasant  school-rooms.  William  A.  Steuben  was  elected  as  Trustee  in  1875, 
in  place  of  William  Willson,  who  had  resigned,  and  H.  W.  Briggs  was  again 
chosen  Clerk.  The  old  corps  of  teachers  were  all  re-elected,  and  in  addition 
Miss  Zilpha  Eames  was  elected  as  a  primary  teacher  at  fifty-five  dollars  per 
month.  In  August,  bids  for  building,  painting  and  furnishing  the  new 
school  buiLlinof  were  allowed,  amounting  to  six  thousand  one  hundred  and 
seventy-two  dollars  and  sixty-eight  cents. 

In  1876,  L.  A.  Whitehurst  was  elected  Trustee,  and  H.  W.  Briggs  again 
chosen  Clerk.  The  Board  elected  as  teachers  A.  W.  Oliver,  Zilpha  Eames, 
Kate  Martin,  Mrs.  E.  H.  Strange,  Mrs.  M.  C.  Mount  and  Miss  Anna 
Thomason. 

In  December,  1876,  Miss  Mary  Lewis  and  Miss  Lilla  Kratzer  were  elected 
to  fill  the  vacancies  caused  by  the  resignation  of  Miss  Zilpha  Eames  and 
Miss  Kate  Martin. 

In  1877,  W.  R.  Bane  was  elected  Trustee.  The  teachers  elected  this 
year  were:  A.  W.  Oliver,  Miss  Mary  Lewis,  Miss  Sadie  Kratzer,  Mrs.  E.  H. 
Strange,  Miss  Anna  Thomason,  and  Mrs.  Mount.  In  December,  1877,  Mrs. 
Mary  A.  Van  Schaick  was  elected  teacher  of  the  upper  intermediate,  in 
the  place  of  Miss  Kratzer.     At  the  annual  election   in   1878   H.  W.  Briggs 


298  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

was  agaia  elected  Trustee  by  an  astonishing  majority,  and  continued  as 
Clerk  of  tlie  Board.  A.  W.  Oliver,  Mrs.  Mary  Van  Schaick,  Mrs.  M. 
Mount,  Mrs.  Marie  A.  Laird,  Mrs.  E.  H.  Strange,  and  Miss  Mary  E. 
Rucker,  were  elected  as  teachers.  The  school  had  now  again  outgrown  its 
garments,  and  a  new  suit  had  to  be  cut  for  it.  A  sepai^ate  high  school 
department  was  organized.  A.  W.  Oliver  was  placed  in  charge  of  this 
school,  with  a  general  supervision  of  all  the  lower  departments.  A  new 
grammar  school  department  was  organized,  and  N.  B.  Coffman  was  elected 
as  teacher,  at  a  salary  of  seventy-five  dollars  per  month.  In  December, 
1879,  Mr.  J.  L.  Drum  was  elected  to  fill  the  vacancy  caused  by  the  resigna- 
tion of  Mr.  CofFman.  In  May,  1879,  Miss  Jennie  Strange,  a  graduate  of  the 
Qilroy  High  School,  was  elected  to  fill  the  place  made  vacant  by  the  resig- 
nation of  Miss  Mary  Rucker,  all  the  rest  of  the  old  corps  of  teachers  being 
re-elected.  In  1879,  L^A.  Whitehurst  was  re-elected  Trustee.  In  1880,  H. 
F.  Reeve  was  elected  Trustee  in  the  place  of  W.  R.  Bane.  In  July,  1880, 
the  entire  corps  of  teachers  were  re-elected,  consisting  of  A.  W.  Oliver,  J.  L. 
Drum,  Mrs.  Mary  A.  Van  Schaick,  Miss  Jennie  Strange,  Mrs.  Marie  A. 
Laird,  Mrs.  M.  C.  Mount,  and  Mrs.  E.  H.  Strange.  Prof.  Z.  M.  Parvin  was 
elected  teacher  of  vocal  music,  at  a  salary  of  twenty  dollars  per  month. 

In  1875  printing  material  was  purchased,  and  the  Gilroy  Public  School 
Ejfort  sprung  into  existence.  This  was  an  eight-page  monthly.  The  edit- 
ing, type-setting,  correcting  and  printing  was  done  in  the  school-room  by 
the  pupils,  under  the  direction  of  the  Principal.  This  enterprise,  the  first  of 
the  kind,  at  least  in  many  of  its  features,  in  any  public  school  on  this  coast, 
was  an  effort  to  infuse  new  life  and  energy  into  the  school  by  connecting  it 
in  this  way  with  the  busy  world  outside.  Since  its  start  several  additions 
have  been  made  to  its  stock  of  printing  material,  until  about  six  hundred 
dollars  have  been  invested  in  this  enterprise.  The  publishing  of  a  paper  in 
the  school  has  been  one  of  the  agents  in  making  the  Gilroy  Public  School 
what  it  is  to-day.  About  this  time  a  fine  piano,  costing  four  hundred  dol- 
lars, was  purchased  by  funds  raised  entirely  from  our  public  school  exhibi- 
tions. 

The  play-ground  of  the  school  is  very  spacious,  and  it  is  one  of  the  most 
attractive  in  the  State.  The  grounds  are  shaded  and  ornamented  by  a  num- 
ber of  grand  old  oaks,  the  men  who  selected  the  site  for  the  school-house 
having  evinced  in  this  respect  a  taste  and  wisdom  too  seldom  displayed  by 
trustees  of  our  towns  and  rural  districts. 

By  the  contributions  of  the  pupils,  "  class  trees,"  consisting  of  alternate 
pine  and  cypress  were  planted  on  each  side  of  the  main  avenue  to  the  build- 
ing, and  along  the  front  of  the  lot,  and  the  Trustees  added  a  row  of  euca- 
lyptus  trees  around  the  other  three  sides.  These  are  now  large  enough 
to   add  much    to    the  beauty  of    the    yard.      Believing    that    a   beautiful 


GILROY   TOWNSHIP.  299 

school-yaiil  is  a  mighty,  though  silent  agent  in  educating  the  tastes,  habits 
and  morals  of  the  children,  the  Pj-incipal,  A.  W.  Oliver,  by  personal  effort, 
raised  enough  money  to  still  further  ornament  the  school-yard  by  plats  of 
blue-grass,  beautifully  laid  out,  so  as  to  border  the  main  avenue  and  the 
front  fence,  without  intei'fering  at  all  with  the  size  of  the  play-ground. 

The  course  of  study  of  the  Gilroy  High  School  is  made  eminently  prac- 
tical. The  time  required  to  complete  it  is  three  years.  The  classes  are 
named :  Junior,  Middle,  and  Senior.  Diplomas  are  conferred  upon  the  grad- 
uates of  this  school,  and  annual  graduating  exercises  are  held. 

The  last  class  of  irraduates  numbered  five.  Their  names  ai'e:  Agnes 
Doan,  Katie  O'Neil  Anna  Darrough,  Nellie  Strange,  and  Katie  Eckhart. 
The  whole  five  have  already  taken  certificates  before  County  Boards  of 
Examination.  Katie  O'Niel  has  taken  a  first  grade  in  Trinity  county, 
■where  she  is  at  present  teaching .  Nellie  Strange  took  a  first-grade  in 
Santa  Clara  county;  Anna  Darrough  took  a  first-grade  in  San  Benito 
count}^;  and  Katie  Eckhart,  a  first-grade  in  Santa  Clara  county;  Agnes 
Doan  took  a  second-grade  a  year  before  she  graduated,  and  she  has  not 
since  applied  for  any  higher  certificate.  The  other  pupils  of  the  school,  who 
have  taken  certificates  to  teach,  are:  Addie  Moulty,  Minnie  Bennett,  Harvey 
Burnett,  Nettie  Yan  De venter,  Eva  Turner,  Fannie  Morey,  Lou  Wentz, 
Montgomery  Short,  Maggie  Roberson,  Jennie  Strange,  Lizzie  Easton,  Lizzie 
TuUy,  Clara  Schemel,  and  Maria  Pierrpont. 

Keith  Lodge,  No.  187,  F.  d-  A.  M. — Dispensation  was  granted  to  this 
lodge.  January  16,  1868,  the  following  officers  serving:  John  M.  Keith, 
W.  M.;  H.  C.  May,  S.  W.;  George  E.  Bennett,  J.  W,;  Morris  Einstein, 
Treasurer;  John  R.  Eardle}^  Secretary;  H.  B.  Harris,  S.  D.;  Jacob  Reither, 
J.  D.;  J.  C.  Woods,  Tyler.  October  15,  1868,  a  Charter  was  granted,  the 
undermentioned  members  being  on  the  roil:  John  M.  Keith,  H.  C.  Morey, 
George  E.  Bennett,  E.  C.  Tull}',  Jacob  Reither,  Jacob  Einstein,  Morris  Ein- 
stein, James  H.  Turner,  Adam  Riehl,  J.  C.  Woods,  E.  Bellya,  Robert  G. 
Stayton.  Thomas  S.  Oldham,  John  Goeddel,  James  F.  Johnson,  Alexander 
Watso)\,  William  E.  Bennett,  Hugh  S.  Jones,  John  H.  Bruen,  Albert 
Warthen,  Henry  W.  Briggs,  John  R.  Eardley,  P.  B.  Tully.  The  officers 
under  Charter  were:  John  M.  Keith,  W.  M.;  H.  C.  Morey,  S.  W.;  George  E. 
Bennett,  J.  W.;  Morris  Einstein,  Treasurer;  John  R.  Eardley,  Secretary;  Henry 
Wangenhcim,  S.  D.;  Jacob  Reither,  J.  D.;  Hugh  S.  Jones,  Marshal;  Thomas 
S.  Oldham,  Henry  F.  Reese,  Stewards;  Joseph  C.  Woods,  Tyler.  The  total 
membership  at  present  is  sixty,  and  the  officers  for  the  current  term:  E.  J- 
Bryant,  W.  M.;  Thomas  Darrough,  S.  W,  (Acting.);  J.  C.  Wood.s,  J.  W.; 
Jacob  Reither,  Treasurer;  M.  E.  Hunter,  Secretary  (Acting);  M.  Mount, 
S.  D.:  A.  B.  Tryon,  J.  D.;  J.  M.  Einfalt,  Marshal;  George  E.  Bennett, 
George  Seaman,  Stewards;  C.  C.  Beal,  Tyler.     Regular  meetings  are    held 


300  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

on  Saturday  evening  on  oi'  before  full  moon.  The  lodge  is  in  a  flourishing 
condition. 

Gilroy  Lodge,  'No.  15 J^,,  1.  0.  0.  F. — This  Lodge  was  instituted  March  23, 
1869,  under  the  following  Charter  members:  Thomas  Darrougb,  H.  W. 
Briggs,    J.    E.    Guild,    Amos    Robinson,    W.    L.    Hoover,    J.    F.    Freeman, 

E.  J.  Bryant.  The  first  officers  were:  H.  W.  Bi-iggs,  N.  G.;  Amos  Robin- 
son, V.  G. ;  W.  L.  Hoover,  Recording  Secretary;  C.  P.  Johnson,  Secretary; 
R.  H.  McElroy,  Treasurer;  G.  E.  Guidd,  Conductor  ;  and  E.  J.  Bryant, 
Outer  Guard.  The  present  membership  is  eighty-three,  while  the  officers 
of  the  current  term  are:  Trustees,  L.  H.  Whitehurst,  John  A.  Baxter, 
M.  E.  Hunter;  H.  D.  Van  Schaick,  P.  G.;  C.  S.  Adams,  N.  G.;  C.  W. 
Bronson,  V.  G. ;  J.  F.  Freeman,  Treasurer ;  F.  G.  Dyer,  Permanent  Secre- 
tary. 

Gilroy  Lodge,  iYo.  36,  A.  0.  U.  W. — This  lodge  was  instituted  March  30, 
1878,  the  following  being  the  Charter  Members:  W.  W.  Hoover,  F.  W, 
Blake,  H.  M.  Briggs,  George  E.  Bennett,  F.  A.  Bacher,  D.  C.  Riddel),  V. 
Basignano,  L.  J.  Cleveland,  T.  D.  Satterwhite,  Henry  Ebert,  Thomas  A. 
Atkinson,  E.  J.  Bryant,  A.  D.  Cameron,  Caleb  Crews,  Thomas  F.  Crews,  E. 
A.  Davison,  J.  L.  Drum,  M.  Eisner,  E.  Emlay,  F.  Gunzendorfer,  G.  F.  Hag- 
erman,  G.  E.  Hersey,  G.  F.  Ingham,  Francis  James,  Julius  Loewi,  J.  L. 
Raber,  Samuel  Rea,  J.  R.  Reilly,  Amos  Robinson,  W.  H.  Stedman,  F.  W. 
Vetterline,  Fredrick  Vile,  Charles  Weldon,  Stanley  Willey,  J.  C.  Zuck.  The 
first  officers  were:  W.  W.  Hoover,  P.  M.  W.;  F.  W.  Blake,  M.  W.;  H.  M. 
Briggs,  Foreman;  George  E.  Bennett,  Overseer;  F.  A.  Bacher,  Recorder;  D. 
C,  Riddell,  Receiver;  V.  Basignano,  Financier;  L.  J.  Cleveland,  Guide;  T.  D. 
Satterwhite,  I.  W.;  Henry  Ebert,  O.  W.  The  present  membership  is  fifty- 
five,  while  the  officers  for  the  current  term  are:     W.  W.  Hoover,  P.  M.  W.- 

F.  W.  Blake,  M.  W;  A.  Robinson,  F.;  M.  Eisner,  0.;  F.  Gunzendorfer,  Rec; 

G.  E.  Hersey,  Financier;  James  L.  Drum,  R.;  J.  Raber,  G.;  E.  H.  Farmer,  I. 
W.;  S.  Willey,  O.  W.  The  lodge  meets  on  the  first  and  fourth  Monday  of 
each  month  in  the  hall  of  Keith  Lodge,  F.  &  A.  M. 

Gilroy  Fire  Department. — The  original  company  of  the  Gilroy  Fire  De- 
partment is  the  Eureka  Hook  and  Ladder  Company,  which  was  organized 
June  17,  1871,  with  the  following  officers:  Wm.  Kiddey,  Foreman;  L. 
Loupe,  Secretary  ;  A.  Warthen,  Treasurer ;  who  had  their  head-quarters  where 
the  French  bakery  now  stands,  on  Old  Gilroy  street.  In  the  year  1879,  they 
coalesced  with  the  Neptune  Hose  Company,  when  the  title  was  changed  to 
"Eureka  Hook  and  Hose  Company,"  the  present  officers  of  which  are:  L. 
Loupe,  Foreman;  J.  Hillon,  First  Assistant;  L.  Dangerfield,  Second  Assist- 
ant; Frank  Shepherd,  Third  Assistant;  Y.  Castro,  Secretary;  J.  Reither, 
Treasurer.  They  are  well  supplied  with  every  requisite  paraphernalia,  and 
have  their  rooms  on  Monterev  street,  between  Fifth  and  Sixth  streets. 


GlLltoY    TOWNSHIP.  301 

G'droi/  Water  Covipany. — On  Au^nist  21),  1870,  tliu  ]>rivilego  to  supply 
the  town  of  Gilroy  with  water  was  granted  to  Donald  McKenzie,  D.  S.  K. 
Buick,  William  H.  Hall,  Martin  Corcoran,  and  Alexander  Hay,  this  associ- 
ation being  afterwards  duly  incorporated.  The  water  is  obtained  from  the 
Uvas  creek,  where  a  dam  is  constructed  distant  from  the  city  about  nine 
miles  in  a  north-westerly  direction;  it  is  thence  transferred  by  Hume  to  a 
reservoir  about  two  miles  and  a  half  from  Gilroy,  brought  into  the  city  by  a 
thirteen-inch  main,  and  through  pipes  to  customers.  The  present  officers 
are:  W.  H.  Hall,  President;  E.  McLaughlin,  Manager;  C.  C.  Worthington, 
Secretary,  and  J.  D.  Hall,  Superintendent. 

Gilroy  Gas  Company. — This  association  was  established  in  1871  by  the 
Pacific  Pneumatic  Gas  Company  of  San  Francisco,  who  in  tliat  year  built 
their  present  premises  on  Railroad  street,  laid  their  pipes  along  Monterey 
street,  with  a  few  lateral  pipes,  and  have  since  been  in  a  position  to  supply 
customers.     The  Superintendent  is  E.  S.  Wolsey. 

Gilroy  Cheese  Factory  Association. — This  association  was  launched  into 
existence,  at  a  meeting  held  at  the  San  Ysidro  school-house,  September  9, 
1877,  with  a  capital  stock  of  four  thousand  five  hundred  dollars,  in  shares  of 
one  hundred  dollars  each,  the  Directors  being:  W.  N.  Furlong,  J.  H.  Ellis, 
H.  S.  Jones,  E.  A.  Davison,  and  Henry  Reeve.  An  acre  of  ground  situated 
near  the  school-house,  Old  Gilroy,  was  purchased  fi'om  David  Zuck,  on  which 
the  factor}'  was  constructed,  which  was  completed,  January  5,  1878.  It  is 
now  in  disu.se. 

Gilroy  Brewery. — Adam  Herold,  proprietor.  This  brewery  was  built  by 
the  present  owner,  in  1878,  of  brick,  and  occupies  an  area  of  sixty  by  forty- 
five  feet,  while  it  contains  all  the  modern  necessary  appliances  for  making 
good  beer.  The  front  portion  of  the  premises  was  constructed,  in  1868,  by 
Adam  Riehl,  who  conducted  the  busine.ss  until  September  4,  1877,  when 
he  sold  out  to  Mr.  Herold.  To  the  rear  of  the  brewery  is  the  malt-house, 
erected  in  1872  (brick),  while  there  is  the  machinery  to  manufacture  a  large 
supply,  the  sale  bsing,  at  present,  from  twelve  to  thirteen  hundred  barrels 
annually.  Adjoining  the  last-named  edifice  is  the  granary,  constructed  in 
1 880,  built  of  wood,  with  a  capacity  of  three  thousand  sacks. 

Bodfish  Mills. — These  mills,  located  in  what  are  known  as  the  French 
Redwoods,  eight  miles  west  of  the  town  of  Gilroy,  were  built  in  the  year 
1853,  b}""  George  H.  Bodfish,  and  now  contain  a  Boston  made  steam-engine, 
of  seventy -five  horse-power,  and  a  capacity  of  twenty-five  thousand  feet  per 
diem.  The  engine,  at  present  in  use,  is  that  originally  put  in  by  Bodfish, 
but  the  boiler  and  machinery  have  been  replaced  and  a  circular  .saw  sub- 
stituted for  the  ancient  sash  one.     In   the  year   1867,  Hanna   *.^   Furlong 


302  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

succeeded  Bodfish ;  the  latter  gentleman  selling  out  his  interest  to  his  partner, 
in  the  Fall  of  the  following  year.  In  1871,  Hanna  disposed  of  the  concern 
to  Whitehurst  &  Hodges,  the  present  proprietors.  These  gentlemen,  having 
purchased  a  thousand  acres  of  the  French  Redwoods  proper,  in  the  Spring  of 
1869,  erected  a  saw-mill  with  a  capacity  of  about  twenty  thousand  feet  per 
day,  at  a  cost  of  ten  thousand  dollars.  The  size  of  that  building  was  thirty- 
five  by  eighty  feet;  it  contained  a  forty-inch  boiler,  twenty-two  feet  long;  a 
cylinder  thirteen  by  twenty-four  inches ;  and  an  engine  of  fifty  horse-power. 
All  this  machinery  has  been  moved  to  the  old  Bodfish  mill,  where  it  now  is, 
thus  making  everything  there  new,  save  the  engine  aforesaid,  for  the  build- 
ing, even,  no  longer  remains,  it  having  been  destroyed  by  fire  in  1875. 

Qilroy  Planing  Mills. — This  establishment  is  located  on  Church  street,  in 
the  city  of  Gilroy,  ai^d  was  erected  by  William  Hanna,  in  1869,  at  a  cost 
of  about  thirty-five  hundred  dollars.  When  first  started,  much  work  was 
turned  out  of  this  mill,  but  of  late  years  little  else  has  been  done  than  lumber 
dressing.  The  present  proprietors,  Whitehurst  &  Hodges,  came  into  posses- 
sion of  the  property,  in  May,  1878,  and  have,  in  connection  with  it,  opened 
an  extensive  lumber  yard,  supplied  from  their  own  mill,  where  they  keep,  on 
an  averao-e,  a  million  feet  of  lumber,  while  these  redwoods  are  estimated  to 
contain  enough  to  supply  the  demand  for  the  next  fifteen  or  twenty  years. 

Santa  Clara  Valley  Mills. — This  extensive  mill  is  located  in  the  city  of 
Gilroy,  fronting  on  Monterey  street  two  hundred  and  thirty  feet,  has  a  depth 
of  one  hundred  and  seventy  feet,  and  a  height  of  one  and  a  half  stories.  It 
contains  four  run  of  stone,  a  rolling-mill,  and  an  engine  of  sixtj^  horse-power. 
The  capacity  is  one  hundred  barrels  of  flour  per  day;  the  storage-room  can 
accommodate  fifty  thousand  tons  of  grain,  and  employment  is  given  to  eight 
men  on  an  average.  It  is  the  only  flour-mill  in  the  district,  it  finding  most- 
of  its  consumers  in  the  surrounding  country  and  the  San  Joaquin  valley. 

Qilroy  Wagon  and  Blacksmith  Shop. — George  Eustice,  proprietor.  The 
building  is  thirty  by  eighty -four  feet,  and  was  built  by  the  present  owner  in 
1869.  The  rear  portion  of  the  establishment  where  the  planing,  etc.,  is 
done  is  one  and  a  half  stories  high,  while  the  eastern  portion  fronting  on 
Eigelberry  street  is  but  one  story  in  height.  Here  the  iron  work  is  per- 
formed.    The  establishment  stands  on  Eigelberry  and  Sixth  streets. 

William'i  Hotel. — This  house  was  established  in  or  about  the  year  1869, 
by  Wiley  Williams,  who  conducted  it  until  1872,  when  he  sold  to  William 
Tennant.  It  is  situated  in  a  central  part  of  the  town,  on  INIonterey  street, 
contains  forty-two  rooms,  while,  during  the  season,  the  stage  to  the  Gilroy 
Hot  Springs  leaves  its  doors.  The  present  proprietors  are  Lynde  &  Pervi- 
ance. 


GILROY   TOWNSHIP.  303 

Railroad  House. — This  hotel,  located  on  the  cornet-  of  Old  Gilroy  and 
Railroad  streets,  was  built  in  the  Fall  of  1871,  by  Mrs.  C.  M.  Higginson.  It 
is  two  and  a  half  stories  high,  forty  by  sixty  feet,  with  a  kitchen  in  rear, 
and  contains  nineteen  sleeping  apartments.  Mrs.  Higginson  has  conducted 
the  house  since  its  construction  with  the  exception  of  the  years  1875  and 
187C,  when  the  property  was  leased  to  George  Seaman. 

Gilroi/  Advocate. — The  Advocate  was  established  Saturday,  September 
12,  1868,  by  G.  M.  Hanson  and  C.  F.  ]Macy.  After  a  few  weeks  the  last- 
named  gentleman  retired  to  give  place  to  Mr.  Hanson's  son.  Kenyon  & 
Knowlton  took  charge  October  2,  1869,  and  Murphy  &  Knowlton  February 
5,  1870.  H.  Coffin  became  publisher  January  25,  1873,  and  was  succeeded 
by  H.  C.  Burkhart  January  23,  1875.  J.  C.  Martin  followed  January,  1876, 
and  D.  A.  Dryden  October,  1876.  Frank  Dryden  and  J.  Vaughn  held  con- 
trol as  lessees  a  few  months,  when  F.  AV.  Blake,  its  present  owner,  bought 
the  stock,  which  was  held  by  a  number  of  citizens.  The  Advocate  has  grown 
up  with  the  town,  and  is  to  be  found  in  a  majority  of  the  houses  of  the 
township.  It  is  highly  esteemed  as  a  home  paper,  and  stands  well  among 
independent  and  conserv'ative  papers. 

San  Felipe. — This  hamlet  is  situated  about  ten  miles  from  Gilroy  in  the 
eastern  part  of  the  township,  about  three-fourths  of  a  mile  from  the  county 
line.  It  consists  of  a  hotel  built  in  1870;  a  post-office  established  July  10, 
1868,  with  Elijah  K.  Dunlap  as  postmaster;  and  a  store  which  originally 
stood  opposite  to  the  hotel.  There  are  but  a  few  houses  altogether,  the  prin- 
cipal number  of  the  residents  being  located  in  San  Benito  county. 

San  Felipe  Hotel. — This  inn  was  built  in  1870  by  E.  K.  Dunlap,  and  first 
conducted  by  a  man  named  Benjamin.  It  stands  on  the  main  road,  is  owned 
by  George  Niggle,  who  is  also  proprietor  of  the  store .  contiguous  to  it.  He 
is  also  postmaster,  being  appointed  to  the  position  in  1876.  The  stage 
between  Gilroy  and  Los  Bahos,  in  the  San  Joaquin  valley,  passes  here  every 
day  except  Sunday. 

San  Felipe  Cigar  Factory. — This  company  was  originally  established  in 
Gilroy,  about  October,  1872,  by  the  Consolidated  Tobacco  Company,  under 
the  general  superintendence  of  J.  D.  Gulp.  The  building  was  situated  in  the 
northern  part  of  the  town.  Finally  the  association  was  wound  up,  and  in 
1876,  the  present  enterprise  was  commenced  at  San  Felipe  by  J.  D.  Culp. 
The  premises  consist  of  diying,  packing,  and  manufacturing  rooms,  besides 
eight  curing  houses,  situated  at  about  a  quarter  of  a  mile  from  the  factory. 
It  gives  employment  in  the  cigar  factory  to  seventy-five  men,  while  the  leaf 
used  is  entirely  grown  in  the  district. 


304  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 


MILPITAS  TOWNSHIP. 


Geography. — This  township  is  bounded  on  the  north  by  Alameda  county; 
on  the  west  by  Alviso  township;  on  the  south  by  San  Jose  township;  and 
on  the  east  by  Stainslaus  county. 

Topography . — The  chorography  of  Milipitas  township  is  somewhat  varied, 
the  western  portion  biyng  level  valley  laml,  and  the  eastern  ranges  of  high 
hills  between  which  lie  fertile  valleys. 

Soil. — The  valley  lands  spoken  of  above,  as  well  as  the  small  vales  of  Cal- 
averas, San  Antonio  and  Blackbird,  are  extremely  fertile  and  are  composed 
of  rich  loam  capable  of  producing  all  cereals,  fruits,  tubers  and  vegetables 
some  of  the  orchards  being  a  sight  to  visit  and  remember. 

Products. — The  products  of  this  township  differ  not  in  any  respect  from 
the  others  in  the  county.  Fruits,  grain,  corn,  tubers  and  vegetables  are  all 
raised  with  prodigal  profusion,  and  being  on  the  line  of  the  Central  Pacific 
Railroad,  can  be  easily  transported  to  market. 

Timber. — Beyond  the  oak  trees  which  beautify  the  scene,  and  the  willow 
copses  that  here  and  there  are  to  be  found  in  the  smaller  valleys,  no  timber 
is  to  be  found  in  the  township,  the  peculiarity  of  the  eastern  range  of  mount- 
ains beino-  its  lack  of  wood,  save  in  the  ravines  and  canons. 

Climate. — The  climate  of  Milpitas  township  is  excellent — as  it  is  every- 
where in  the  Santa  Clara  valley — while  in  the  Calaveras  valley,  its  beauty 
of  position  with  its  romantic  surroundings  and  excellent  sport,  make  it  a 
spot  offering  great  attractions  to  the  invalid,  and  the  sound  in  health. 

Early  Settlement. — Save  the  Mexican-Spaniards  who  owned  the  grants 
comprised  in  what  is  now  this  township,  the  oldest  foreign  resident  we  can 
trace  is  Michael  Hughes,  who  came  to  Santa  Clara  county  January  11,  1850, 
and  two  years  thereafter  settled  in  Milpitas,  and  erected  the  first  frame 
building  in  the  place.  This  gentleman  was  soon  followed  by  Charles  and 
Philander  Clark;  and  on  May  1,  1853,  by  Joseph  R.  Weller,  .who  had 
arrived  in  the  county  in  1851.  To  this  gentleman  is  the  credit  of  building  the 
second  house  in  the  township,  which  stood  not  far  from  his  j^resent  residence 


w  ^^ 


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Tth 

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.  ..'N3, 


MIM'ITAS    TOWNSHIP.  305 

in  the  town  of  Milpitas.  He  w^as  also  among  the  very  first  to  commence 
farming  operations,  and  fencing.  In  this  year  there  also  located  in  the 
township,  Abraham  Weller  and  Josiah  Evans. 

A  short  time  prior  to  this  period  the  Calaveras  valley  had  been  discovered 
and  located  by  William  Chipmau  and  others,  and  by  them  sold  to  purchasers 
as  needed.  Among  the  earliest  to  arrive  in  this  sequested  glen  was  Dudley 
Wells,  whither  he  came  November  28,  1853,  and  where  he  has  since  resided. 
Mr.  Wells  informs  us  that  at  the  time  of  his  arrival  he  first  located  with  his 
partner  Sheriff  N.  R.  Harris,  on  the  land  now  rented  by  Fred  Choas. 
Among  the  residents  already  settled  he  found  Charles  Crosner  on  the  land 
now  occupied  by  Samuel  Sherman;  William  Chipman  resided  on  the  land 
now  owned  by  Mr.  Williams  of  San  Jose;  two  men  named  Grote  and  Kix, 
dwelt  on  the  place  now  occupied  by  John  T.  Sherman ;  two  brothers,  M.  R. 
and  Wilson  Brown  were  on  the  ground  where  William  Carson  now  is ;  Wil- 
liam Daniels  resided  on  the  property  now  owned  by  Hiram  Pomeroy ;  while 
in  the  old  adobe  which  stands  on  the  farm  of  Mr.  Choas,  there  lived  a  Chi- 
lenian  and  some  Indians. 

In  the  year  1854,  John  T.  Sherman,  John  S.  Shuart,  Jesse  Shuart  and 
Alexander  Campbell  arrived  fi'ora  the  mines,  and  purchasing  the  claim  of 
Grote  and  Rix,  settled  there.  Shortly  after  Milton  Lewis  and  J.  W.  Boul- 
ware,  crossed  over  from  Fremont  township  with  their  families,  and  took  up 
their  residence  on  the  lands  at  present  occupied  by  James  Stone  and  a  Dane 
named  Nelson  Rasmussen.  Still  further  down  the  Valley,  in  this  year  Joseph 
Connor  located  on  the  lands  now  possessed  by  George  Gaudet,  but  which  he 
left,  and  it  became  the  property  of  Doctor  Johnson  and  William  Gaines ; 
and  about  the  same  time,  Jacob  Hansen  purchased  and  settled  on  the  prop- 
erty now  owned  by  Mr.  Choas.  In  the  year  1855,  we  cannot  trace  that  the 
little  community  had  any  accession  to  their  strength,  but,  in  1856,  John 
Carrick,  who  had  come  to  the  county  in  1851,  purchased  his  present  prop- 
erty from  Joseph  Stevens,  and,  leaving  his  residence  in  San  Jose,  took  up 
his  abode  in  the  Calaveras  valley,  in  1857,  about  the  end  of  the  year. 

In  early  times  the  grant  was  the  property  of  the  Higuera  family,  who  had 
their  residence  in  the  adobe  building  mentioned  above,  and  it  is  supposed 
they  had  engaged  in  a  kind  of  partial  cultivation,  for,  when  the  first  settlers 
came  to  the  valley,  evidences  were  visible  of  a  rude  fencing  of  posts  and 
rawhide,  while  a  crop  of  volunteer  barley  was  still  growing,  yet  the  most  of 
the  area  was  covered  with  a  growth  of  tules  with  here  and  there  a  willow 
grove. 

But  few  settlers  located  in  the  few  following  years.  In  1857,  Hiram 
Pomeroy  cast  his  lot  in  the  township;  in  1858,  there  came  John  O'Toole;  in 
1859,  A.  French;  and  in  18G0,  Simon  Matthews. 

In  the  year  1855,  the  first  school  was  organized,  with  Robert  Hutchinson, 
20 


306  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

J.  R.  Weller,  and  Thomas  Whitten  as  Trustees,  the  district  then  including 
Alviso.  This  institution  was  opened  by  Julian  Pomeroy,  and  was  but  a 
small  building,  erected  in  1856,  at  a  cost  of  some  six  hundred  dollars,  and 
occupied  an  area  of  twenty-four  by  thirty  feet.  In  1868,  the  edifice  was 
enlarged  by  an  addition  of  thirty-two  by  forty  feet,  and  costing  two  thou- 
sand dollars,  while  since,  it  has  been  in  a  most  prosperous  condition.  The  pres- 
ent Trustees  are:  Messrs.  Ayer,  Topham,  and  J.  R.  Weller,  who  has  held  this 
office  for  the  last  quarter  of  a  century.  The  school  at  present  is  composed 
of  two  departments,  and  has  an  average  attendance  of  a  liundred  pupils. 

MiLPiTAS. — The  first  building  constructed  in  the  town  of  Milpitas  is  now 
used  as  a  portion  of  the  store  conducted  by  Mr.  Clark,  and  was  erected  by 
F.  Creighton,  on  the  position  it  now  occupies,  in  1855-6.  Here  was  opened, 
in  1856,  the  first  post-ofiice,  with  Mr.  Creighton  as  the  postmaster,  and 
J.  R.  Weller,  Deputy.  In  the  year  1857,  W.  Riddell  constructed  the  first 
hotel,  in  a  building  belonging  to  John  Gallagher.  This  hostelry  was  con- 
ducted by  James  Kinney,  who  was  succeeded  by  A.  French.  In  the  jea,v 
1860,  the  structure  was  destroyed  by  fire,  but  was  immediately  rebuilt  by 
Mr.  French,  who  now  is  the  proprietor. 

Religious  services  were  first  held  in  the  school-house,  up  until  the  year  1865, 
and  a  few  years  after,  the  present  neat  Presbyterian  Church,  thirty  by  fifty 
feet,  was  erected,  and  subsequently  surrounded  by  a  neat  and  durable  fence. 
This  little  house  of  worship  is  an  ornament  to  the  village,  and  speaks  well  for 
the  orthodox  instincts  of  the  community. 


^-^^^S-'- 


REDWOOD   TOWNSHIP.  307 


REDWOOD    TOWNSHIP. 


Geography. — Redwood  township  is  bounded  on  the  north  by  Fremont  and 
Santa  Clara  townships;  on  the  east  by  Almaden  township;  on  the  south  by 
Gih-oy  township,  and  on  the  west  by  Santa  Cruz  county. 

Topography. — This  township  is  a  portion  of  the  western  boundary  of  the 
great  Santa  Clara  valley,  and  is,  therefore,  very  mountainous,  save  a  com- 
parative small  area  which  borders  immediately  on  Santa  Clara  township. 
At  one  time  the  hills  were  covered  with  giant  redwoods,  but  these  have  long 
ago  succumbed  to  the  woodman's  ax,  and  it  is  not  until  the  county  line  is 
passed  that  the  mouarchs  of  the  forest  are  now  met.  In  the  vicinity  of  the 
two  prosperous  villages  of  Los  Gatos  and  Saratoga  we  find  the  rarest  and 
most  beautiful  scenery,  while  on  the  level  ground  is  laid  out  a  view  of  unsur- 
passed loveliness. 

Soil. — In  the  portions  of  this  township  lying  on  the  foot-hills  the  soil  is  that 
rich,  black  land  known  as  adobe,  while,  for  a  considerable  distance  into  the 
valley,  a  red,  clayey,  gravelly  soil  is  found,  a  diversity  which  makes  Redwood 
a  section  of  the  county  which  produces  a  various  supply  of  cereals  and  fruits. 

Products. — The  products  of  Redwood  township  are  chiefly  wheat  and 
fruit.  In  the  level  valley  land  the  former  is  grown  in  great  quantities, 
while  on  the  eastern  side  of  the  foot-hills  every  manner  of  fruit  reaches  fine 
perfection .  The  infiuence  of  the  Thermal  Belt  is  here  felt,  so  that  in  many 
of  the  gardens  orange  trees  and  grape  vines  have  reached  a  high  state  of 
excellence,  as  has  been  the  ca.se  with  those  of  the  more  delicate  plants. 

Timber. — At  the  present  day  there  is  not  much  timber  in  the  township, 
what  there  had  been  having  long  ago  been  felled.  The  hill-sides  are  covered 
with  brushwood,  while,  besides  the  willows  which  grow  along  the  margins  of 
the  creeks  and  in  the  bottom-lands,  the  valley  is  well  supplied  with  an 
abundance  of  sycamores  and  oaks. 

Climate. — More  rain  falls  in  this  township  than  in  any  of  the  others  on 
account  of  its  mountainous  formation,  yet  in  the  uplands  there  is  not  more 
than  the  soil  requires.  Frosts  are  rare,  as  the  luxuriant  grow^th  of  the  orange 
evidences,  while,  in  Summer  the  days  are  hot,  and  the  nights  cool. 


308  HISTORY    OF   SANTA    CLARA    COUNTY,    CALIFORNIA. 

Early  Settlement — .In  the  year  1850  James  Alexander  Forbes,  a  Scotch- 
man, well  known  in  the  district  from  his  being  British  Consul  for  California, 
was  a  resident  of  Santa  Clara,  and  feeling  the  want  of  a  mill,  conceived  the 
idea  of  building  one  on  the  Los  Gatos  creek,  where  he  thought  there  was  the 
necessary  water-power  to  turn  a  wheel  to  move  the  machinery  which  was  to 
grind  grain  for  the  inhabitants  of  the  then  sparsely  settled  Santa  Clara  valley. 
The  building  was  completed  in  the  year  1854  by  Mr.  Forbes,  in  whose  hands, 
however,  the  enterprise  failed,  and  was  succeeded  by  the  French  firm  of  V. 
Marzion  &  Co.,  who  also  were  unsuccessful;  the  premises  were  next  rented 
by  Pfister  &  Co.  and  others,  but  through  the  lack  of  power  for  so  large  a  mill 
they  were  forced  to  abandon  it  as  an  unprofitable  venture,  until  finally,  in 
1866,  it  was  purchased  by  W.  H.  Rogers  &  Co.,  the  present  proprietors. 

The  settlement  of  this  township  is  not  such  a  matter  of  antiquity  as  many 
of  the  others.  The  peil^on  longest  resident  in  Redwood  is  Edward  Haurahan, 
who  arrived  in  the  Golden  State  January  16,  1849;  came  to  Santa  Clara 
county  a  twelve-month  later,  and  settled  in  the  township  in  March,  1851. 
Almost  contemporaneous  with  him  is  Reuben  McCoy,  a  native  of  Green 
county,  East  Tennessee,  who  arrived  in  California  August  29,  1850,  and 
after  sojourning  in  Placer ville,  then  known  by  the  poetically  ominous  name  of 
Hangtown,  for  fourteen  months,  came  to  the  already  famous  Santa  Clara 
valley,  and  located  on  the  land  he  now  occupies.  Prior  to  this  time  there  had 
settled  on  what  is  now  the  site  of  the  village  of  Saratoga,  one  Martin  Mc- 
Carthy, who  had  taken  up  a  quarter-section  in  that  locality.  What  the 
precise  date  of  his  locating  was,  we  have  been  unable  to  trace,  but  here  he 
afterwards  (about  1851)  laid  out  a  town  and  dubbad  it  McCarthysville,  a 
name  which  happily  was,  ten  years  ago,  replaced  by  the  more  euphonious 
one  of  Saratoga.  Here  Mr.  McCarthy  resided  until  his  death  in  February, 
1864. 

In  the  year  1846,  as  we  have  stated  in  our  remarks  on  the  early  settle- 
ment of  Fremont  township,  there  settled  near  Mountain  View  a  family  of 
the  name  of  Whisman.  In  company  with  thetn  was  one  William  Haun, 
who  had  married  one  of  the  daughters  of  "  Old  John "  Whisman.  Haun 
and  his  wife  took  up  their  re-sidence  at  the  Mission  of  Santa  Clara  in  1846, 
and  there  remained  until  1852.  In  the  Winter  of  1851-2  Mr.  Haun,  accom- 
panied by  his  father-in-law,  had  taken  up  some  land  and  commenced  the  erec- 
tion of  a  water-power  flour-mill,  on  the  site  of  the  Saratoga  Paper  Mill,  at 
the  same  time  building  as  a  residence  the  house  now  occupied  by  John 
Maclay.  The  mill  building  was  three  stories  in  height ;  it  was  constructed  with 
great  care,  and  the  water  was  conducted  in  a  flume  a  distance  of  one-fourth 
of  a  mile  to  the  wheel.  In  the  year  1863  it  was  sold  to  Charles  Maclay,  and 
in  that  following,  1864,  was  destroyed  by  fire.  It  will  thus  be  seen  that  very 
early  in  the  history  of  the  settlement  of  the  township.  Redwood  had  two 
flour-mills. 


REDWOOD   TOWNSHIP.  309 

The  next  settler  we  have  been  able  to  discover  is  Thomas  Scully,  who 
arrived  on  the  Pacific  coast  in  May,  184<0,  and  after  taking  a  turn  at  the 
mines  for  two  years  came  to  Santa  Clara  county  and  purchased  the  farm 
on  which  he  now  resides.  This  pioneer  has  been  a  continuous  resident  of  the 
township  since  August  1,  1853.  In  the  Fall  of  this  year  Ira  J.  Lovell  set- 
tled where  he  now  resides,  three  miles  north  of  Los  Gatos;  and  in  the  follow- 
ing December  William  Cox  took  up  his  residence  in  the  township,  and, 
after  working  one  season,  acquired  a  tract  of  land  on  which  he  now  has 
a  fine  residence,  with  well-kept  grounds.  For  the  two  years  following  there 
were  no  additions  to  the  adult  population,  apparently,  but  in  185G  there 
arrived  a  family  named  Parr,  whose  children  have,  since  the  death  of  the 
father,  on  September  11,  1867,  succeeded  to  the  considerable  property  left 
by  him.  Mr.  Parr,  with  his  wife  and  children,  came  to  the  State  in  184G 
located  in  Livermore  valley,  now  in  Alameda  county,  where  they  resided 
until  1849.  In  that  year  they  took  possession  of  the  Laurel-wood  Farm, 
near  Santa  Clara;  in  1853  they  transferred  their  habitat  to  Almaden  town- 
ship, and,  three  years  later,  as  stated  above,  made  their  home  in  the  town- 
ship now  under  notice.  In  1857  and  1858  we  are  not  aware  of  there  being 
any  new-comers.  In  1859,  however,  we  have  the  information  that  in  the 
month  of  February  Doctor  William  S.  McMurtry  settled  in  Lexington, 
whither  he  went  to  establish  himself  *in  the  lumber  trade.  That  Summer 
he  rebuilt  a  saw-mill  which  had  been  erected  in  the  previous  year  by  Roork 
k,  Herrick,  about  four  miles  above  the  village.  At  this  time  there  were 
residing  in  Lexington,  S.  N.  Johnson,  Scott  Hall,  James  Kennedy,  the  toll- 
keeper  on  the  Santa  Cruz  turnpike  road,  R.  S.  Swain  and  a  store-keeper 
named  Josephs.  Dr.  McMurtry  is  now  a  resident  of  Los  Gatos,  to  which 
place  he  moved  in  the  year  1868.  The  next  to  take  up  a  permanent  resi- 
dence in  the  township  was  John  W.  Lyndon.  This  gentleman,  after  clerk- 
ing three  years  in  Josephs'  store  in  Lexington,  started  business  on  his  own 
account.  In  1868  he  settled  in  Los  Gatos,  purchased  from  H.  D.  McCobb 
the  "  Ten-mile  House,"  and  opened  it  as  a  hotel,  but,  dispo.sing  of  it  a  few 
months  later  to  Morgan  Covell,  he  opened  a  store  for  general  merchandize  in 
the  village.  Mr.  Lyndon  repurchased  the  hotel  from  Jacob  Rich,  four  years 
later,  gave  to  it  the  name  of  the  Los  Gatos  Hotel,  and  now  leases  it  to  James 
J.  Eddy.  In  the  month  of  December  of  this  year  Benjamin  W.  Hollenbeck 
purchased  a  home  in  Saratoga;  and  about  the  same  period  John  F.  Mason 
came  from  Alviso,  and  bought  a  parcel  of  land  situated  on  the  north  side  of 
the  Los  Gatos  ci'eek  from  Charles  Maynard.  Mr.  Mason  informs  us  that 
when  he  arrived  in  the  locality  the  only  other  resident,  for  the  mill  was  then 
unoperated,  was  a  man  named  Rockeyfellow,  who  kept  the  hostelry  known 
as  the  "Ten-mile  House" — a  ten-foot  shake  shanty  that  was  destroyed  by 
fire  some  years  later. 


310  HISTORY    OF    SANTA    CLARA   COUNTY,    CALIFORNIA. 

Thus  far  do  we  take  the  reader  in  considering  the  general  settlement  of 
the  township.  It  will  be  seen  that  the  population  had  no  rapid  growth. 
In  1859  the  greater  part  of  the  low-lying  lands  were  yet  covered  with 
brushwood;  fencing  had  not  been  then  coinmenced,  and  cultivation  of  any 
kind  was  only  to  be  found  at  widely  separated  intervals.  Between  the  hills 
and  the  city  of  San  Jose  there  roamed  at  large,  bands  of  untamed  cattle ; 
the  thickly-tangled  undergrowth  on  the  mountain  slopes  were  the  resort  of 
beasts  of  prey,  while  in  that  day  it  was  little  thought  that  two  decades 
would  see  immense  fruit  and  grain  crops,  with  the  wild  shrieking  iron-horse 
to  bear  away  the  produce,  after  tapping  the  incalculable  resources  of  the 
redwood  forests  in  the  adjacent  mountain  fastnesses. 

These  early  settlers  contented  themselves  chiefly  in  the  rearing  of  live- 
stock. In  the  year  1861  cultivation  became  general,  and  with  it  fencing 
commenced.  In  1862-'the  old  Forbes  mill  was  taken  in  hand  by  Samuels  & 
Farmer,  the  former  of  whom  built  the  first  dwelling-house  on  the  east  side 
of  the  creek  in  the  town  of  Los  Gatos.  It  is  now  occupied  by  Dr.  McMur- 
try.  Shortly  after,  there  came  a  man  named  Van  Taveron,  who  settled 
about  a  mile  from  where  the  town  is  built.  Two  miles  from  the  town  there 
located  William  Scott,  while  adjoining  Mason's  property  to  the  north  one 
Vinage  Gariagus  took  up  his  abode.  The  land  to  the  east  of  the  stream  was 
the  property  of  Marzion  &  Co.,  that  to  the  west — a  tract  of  twenty-five 
hundred  acres — -belonfred  to  Auzerais  Brothers. 


'&" 


Los  Gatos. — How  this  pleasantly  situated  little  village  came  to  get  its 
name  of  "  The  Cats,"  we  are  not  in  position  to  say,  but  this  we  dare  assert, 
that  there  are  few  spots  in  the  broad  county  of  Santa  Clara,  indeed  we  do 
not  except  the  State  in  its  immense  length,  where  we  find  so  many  charms 
of  scenery  and  vegetation.  It  was  trul}^  an  inspiration  which  led  the 
selection  of  such  a  spot  by  James  A.  Forbes  for  the  erection  of  his  mill. 
Gurgling  and  babbling  from  out  of  an  impenetrable  canon  rushes  with  many 
an  echo  this  playful  stream,  joyous  when  he  first  saw  it  mayhap,  but  often 
swollen  into  a  wild  and  angry  torrent.  We  can  almost  now  fancy  the 
Scotchman  standing  on  the  bank  of  this  rivulet,  while  his  thoughts  carried 
him  back  to  similar  scenes  in  "the  old  country."  Like  shadows  on  the 
hill-sides,  idea  chased  idea,  until  there  loomed  up  before  him  the  brook 
wherein,  in  days  gone  by,  he  had  been  wont  to  hook  the  speckled  trout 
from  out  the  shaded  pool  or  mimic  rapid.  Now  there  arose  a  vision  of  the 
quaint  old  mill,  built  of  stone,  roofed  with  straw,  with  a  gigantic  wheel 
slowly  splashing  its  awkward  round,  assisted  to  that  end  by  a  tiny  aqueduct. 
In  a  twinkling  there  flashed  through  his  brain  the  desire  to  make  the 
dream  a  reality,  and  there  and  then  did  he  determine  to  put  his 
idea    into    execution.      About   the   year    1850    he    commenced    the    erec- 


REDWOOD   TOWNSHIP.  311 

tion  of  his  mill,  but  it  was  not  completed  until  1854.  Considering  the 
times,  it  was  a  well -constructed  building,  with  wheels  twenty  feet  in  diam- 
eter, but  with  the  slight  fall  of  water  of  only  twenty  feet.  Failing  in  the 
hands  of  Forbes  the  works  passed  into  those  of  a  French  firm,  V.  Marzion 
&  Co.,  who  also  failed ;  it  was  then  rented  by  Pfister  &  Co.,  and  others,  for 
a  term  of  years,  who  found  it  unprofitable,  owing  to  the  lack  of  pov'er  for 
so  large  a  mill,  through  the  dry  season.  In  1862  Samuels  &  Farmer,  who 
rented  the  mill,  constructed  a  new  dam,  and  made  a  head  of  thirty  feet  of 
water.  In  ISGG  W.  H.  Rogers  &  Co.,  on  the  purchase  of  the  property, 
raised  the  head  to  sixty  feet,  and  in  lieu  of  the  former  over.shot  wheels, 
placed  those  known  as  "  turbine."  In  1870  the  head  of  water  was  raised 
to  two  hundred  feet,  a  power  that  has  been  found  ample.  When  W.  H. 
Rogers  &  Co.  took  possession  of  the  establishment  the  compan}'-  was  made  a 
joint  stock  affair,  with  the  following  incorporators:  W.  H.  Rogers,  J.  Y. 
McMillin,  W.  H.  Rector,  W.  S.  McMurtry  and  C.  C.  Hayward.  In  1869 
they  erected  a  four-set  woolen  mill,  two  stories  high,  covering  an  area  of 
fifty  by  sixt}^  feet,  and  finding  employment  for  thirty  persons,  about  one 
hundred  feet  south  of  the  flour-mill.  It  was  run  successfully  until  1872, 
when  it  was  unfortunately  destroyed  by  fire,  and  has  not  been  rebuilt.  It 
may  be  as  well  to  mention  that  from  the  tail-race  of  the  Los  Gatos  mill 
comes  all  the  water  supplied  to  the  San  Jose  Water  Company,  the  immense 
volume  thus  required  being  conveyed  through  pipes  into  reservoirs,  until 
distributed  throughout  that  city. 

We  have  now  shown  that  the  fir.st  building,  in  the  little  town,  was  the 
mill.  In  18.59  there  were  no  houses  except  the  mill  and  two  shanties,  built 
for  the  laborers  engaged  on  its  reconstruction;  in  1861-2,  however,  the 
dwelling,  in  which  Dr.  McMurtry  now  resides,  was  erected  by  Mr.  Samuels, 
while  there  were  a  few  shanties  springing  up  around,  but  no  actual  rate  of 
building  can  be  followed,  neither  cai^  we  trace  the  names  of  permanent 
settlers,  most  persons,  then  coming  to  the  village,  being  transitory  employes 
on  the  mill.  About  1863  a  store  and  lumber  yard  was  started,  by  W.  S. 
McMurtry  and  J.  Y.  McMillin,  on  the  ground  now  in  possession  of  the  Los 
Gatos  Manufacturing  Company;  while,  about  this  time,  a  school  was 
inaugurated.  We  have  mentioned  above  the  establishment  of  the  hotel.  On 
December  8,  1864,  Henry  D.  McCobb  was  appointed  the  first  postmaster;  in 
1871  a  church  was  built;  and  early  in  1877,  the  trains  of  the  South  Pacific 
Coast  Railroad,  first  made  their  appearance  in  the  little  town;  since  when  its 
prosperity  has  been  on  the  inci'ease. 

Los  Gatos,  .situated  ten  miles  from  San  Jose,  at  the  mouth  of  a  canon  in 
the  Santa  Cruz  mountains,  is  a  I'omantic  spot,  and  will,  in  the  course  of  time, 
become  a  favorite  resort  for  invalids  and  world-weary  people,  from  the  fact 
of  its  po.ssessing  a  fine  climate  for  both  health  and  Benii-tropical  fruit  culture. 


312  HISTORY    OF    SANTA   CLARA    COUNTY,    CALIFORNIA. 

Here  flourishes  the  "  green  bay  tree,"  its  pungent  perfume,  glossy  and  green 
foliage,  and  asymmetrical  form,  being  among  its  many  virtues.  The  orange, 
lemon,  fig,  almond,  prunes,  pomegranate,  and  all  the  more  hardy  varieties  of 
fruit,  grow  to  high  perfection,  while  of  the  grapes,  sunny  France,  hei'self, 
cannot  boast  of  better  than  are  grown  in  this  locality, 

Los  Gatos  Lodge,  lYo.  76:  A.  0.  U.  W. — This  society  was  organized  in 
Los  Gatos,  January  11,  1879,  with  the  following  names  on  the  original, 
Charter:  J.  T.  Harris,  T.  S.  Cleland,  H.  C.  Black,  John  B.  Waterman,  A.  T. 
McFarland,  Homer  A.  Swaney,  W.  R.  Rogers,  Henry  U.  Ball..  Thomas  W. 
Cox,  and  William  Parks,  At  the  end  of  the  thirty  days'  extension  allowed 
by  the  Grand  Lodge,  the  following  names  were  added  to  the  list  of  Charter 
Members:  J.  W.  Miller,  William  Lundy,  A.  Lee..  F  Reynolds,  S.  Bishop, 
John  Erickson,  C.  G.  Erkson.  The  first  officers  elected  to  serve  were:  J.  T, 
Harris,  P.  M.  W. ;  T.  S.  Cleland,  M.  W. ;  H.  C.  Black,  F. ;  J.  B,  Water- 
man, O.;  A.  F.  McFarland,  Recor. ;  H.  A.  Swaney,  Finan.;  W,  R.  Rogers, 
Recr.;  H.  U.  Ball,  G.;  Thomas  W.  Cox,  I.  W.;  William  Parks,  0.  W.  The 
lodge  has  at  present  twenty-six  members  on  its  roll  ;  meets  at  Lundy's  Hall 
every  Thursday  evening;  and  is  in  a  flourishing  condition.  The  officers  for, 
the  current  terra,  are;  E.  F.  Reynolds,  P.  M.  W.;  J,  W.  Miller,  M.  W,  ;  John 
Erickson,  F.  ;  H.  U.  Ball,  0.;  T.  W.  Cox,  Recor. ;  J.  McWhorter,  Finan.;  E. 
Chase,  Recr.;  S.  Dahal,  G.;  John  McCoy,  I.  W. ;  Arthur  Murphy,  O.  W. 
Trustees;  William  Parks,  H.  U.  Ball,  William  Lundy, 

Victoria  Lodge,  lio.  ^i'28,  I.  0.  G.  T.^This  lodge  was  instituted  May 
21,  1880,  with  the  following  Charter  Members:  W.  W.  Parks,  W.  D.  Hud- 
son, Mrs.  W.  D.  Hudson,  D.  Parks,  Mrs.  Clara  Parks,  M.  Swall,  J.  R.  Hughes.. 
P.  Peterson,  Mrs,  P.  Peterson,  Frank  Reynolds,  John  Reynolds,  E.  Main, 
John  Franklin,  Miss  Verena  Daves,  Miss  Clarissa  Crocker,  W.  Johnson,  Rev, 
Jesse  Smith,  Mrs.  Lena  Smith,  George rMcMur try,  S.  Talbot,  W.  H.  Spencer> 
Roderick  Forbes,  Mrs,  George  Senor,  P.  Moiles,  F.  Waterman,  Z.  Le  Fevre, 
J.  Smith,  H.  W.  Vandervaart,  Mrs.  M.  J,  Vandervaart,  F.  Whitaker,  0. 
Rodgers,  Mrs.  S.  Andricks,  Mrs.  Mary  Frost,  F.  Perkins.  The  original 
officers  who  served  were:  W.  D.  Hudson,  W.  C.  T. ;  Mrs.  H.  A.  Hudson,  W. 
V.  T.;  Rev.  Jesse  Smith,  W,  Chaplain;  F.  Perkins,  W,  Sec;  Miss  Verena 
Daves,  W.  Asst.  Sec;  John  Reynolds,  W.  F.  Sec;  Mrs.  S.  Andricks,  W. 
Treas.;  J,  FrankUn,  W.  M.;  Miss  C.  Crocker,  W.  D.  M. ;  F.  Whitaker,  W. 
I.  G. ;  O.  Rodgers,  W.  O.  G. ;  Mrs.  C.  Parks,  W.  R.  H.  S. ;  Mrs,  M.  Frost,  W. 
L.  H.  S.  ;  F.  Reynolds,  P.  W.  C.  T.  The  lodge,  though  recently  established 
is  in  a  flourishing  condition;  has  seventy  members  on  its  roll,  and  meets  in, 
Rodgers'  Hall  every  Wednesday  evening.  The  present  officers  are:  W.  W. 
Parks,  W.  C,  T.;  Mrs,  M.  J.  Vandervaart,  W.  V.  T.;  Mrs.  E.  E.  Hoyt,  W. 
Sec. ;  Albert  Marshall,   W.-Asst.  Sec  ;  George  McMurtry,  W.  F.  Sec. ;  Miss 


REDWOOD    TOWNSHIP.  313 

Jessie  Smith,  W.  Treas. ;  D.  Parks,  W.  M.;  Mrs.  H.  A.  Hudson,  W.  D.  M.; 
Miss  Florence  Johnson,  W.  I.  G.;  Fred  Baker,  W.  O.  G. ;  H.  W.  Vander- 
vaart,  P.  W.  C.  T. ;  Rev.  Jesse  Smith,  W.  Chaplain ;  Mrs.  Baker,  W.  R.  H. 
S.;  Mrs.  Lena  Smith,  W.  L.  H.  S. 

Lou  Gafos  Flouring  Mill. — The  eai-ly  history  of  this  enterprise  will 
be  found  above;  we  will  here  record  what  has  been  done  by  the  present 
proprietors,  W.  H.  Rogers  &  Co.  In  the  year  1880,  while  Mr.  Rogers, 
was  attending  the  Miller's  Convention,  at  Cincinnati,  he  became  convinced 
that  improvements  were  necessary  in  the  working  of  his  establish- 
ment, if  he  wished  to  keep  pace  with  the  times.  He  therefore  pur- 
chased an  entire  new  stock  of  machin  ery,  and  forwarded  it  to  this  coa^st. 
In  July,  1880,  the  old  mill  was  shut  down,  the  required  improvements 
effected,  and  re-opened  about  November  1st  of  the  same  year.  The  mill,  as 
it  stands,  is  the  original  building  erected  by  James  Alexander  Forbes;  is 
four  full  stories  in  height,  and  covers  an  area  of  fifty  by  eighty  feet.  In 
1880,  a  store-room  building,  thirty  by  eighty  feet,  with  two  full  stories  was 
added,  having  a  capacity  of  five  thousand  barr  els  of  flour  and  twenty  thou- 
sand bags  of  w^heat.  The  most  improved  machinery  for  making  gran- 
ulated flour  was  adopted,  consisting  of  eight  runs  of  the  Milwaukee  Mid- 
dlings Millstone  Company's  mills;  five  other  runs  of  stone;  three  sets  of  the 
Downton  chill  iron  rolls;  eighteen  flour  bolts;  two  bran  dusters;  six  mid- 
dlings'purifiers;  twenty-eight  sets  of  elevators,  which  include  large  receiving 
and  shipping  elevators;  two  sravit  machines;  one  large  wheat  brush;  four 
wheat  graders  and  separators;  and  all  the  other  machinery  necessary  for  a 
complete  new  process  mill,  the  whole  of  which  was  erected  under  the  per- 
sonal supervision  of  George  B.  Smith,  of  the  mill  firm  of  Smith  Brothers,  of 
Milwaukee,  who  came  to  California  for  this  especial  purpose.  The  Los 
Gatos  mill  has  been  run,  from  that  time  to  the  present,  with  entire  satisfac- 
tion to  customers  and  stockholdei's,  and  with  the  very  best  results.  Its 
capacity  is  two  hundred  barrels  of  flour  per  day,  besides  a  large  amount  of 
barley  and  feed.  A  side  track  runs  from  the  main  line  of  the  South  Pacific 
Coast  Railroad  to  the  mill,  placing  it  in  direct  communication  w^ith  all 
points  on  that  line. 

Lijndon  Hall.— This  Hall  was  built  in  the  Fall  of  1878,  by  John  W. 
Lyndon,  and  is  situated  next  to  the  Los  Gatos  Hotel.  It  is  eighty  feet  in 
length  and  thirty-two  in  width,  fitted  with  a  stage  at  the^northern  end,  and 
has  a  seating  capacity  of  from  3ix  to  seven  hundred. 

Los  Gatos  Hotel. — This  establishment  may  be  said  to  have  had  its  incip- 
ience in  a  cottage  which  stood  a  short  distance  above  the  railroad  depot, 
owned  by  H.  D.  McCobb,  who,  in  1868,  sold  it  to  J.  W.  Lyndon,  who  dis- 
posed of  it  to  Morgan  Covell ;  it  then  passed  into  the  hands  of  Jacob  Rich- 


314  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

and,  in  1872,  was  re-purchased  by  Mr.  Lyndon,  who,  in  1878,  leased  it  to 
James  J.  Eddy.  On  the  arrival  of  the  railroad,  in  1878,  it  was  moved  to  its 
present  position  opposite  the  depot,  and  considerable  additions  made  to  it. 
It  now  contains  nineteen  rooms,  including  parlor,  dining-room,  etc.,  the 
charges  being  moderate. 

The  Davis  d-  Growell  Lime  Quarry. — In  the  month  of  March,  1879,  G. 
Guerinot  disposed  of  a  quarter-.section  of  land  in  the  hills,  about  one  mile  to 
the  east  of  Los  Gotos,  to  Edward  Skuse,  who  opened  a  quarry  thereon,  but, 
owing  to  financial  difficulties,  in  February,  1880,  he  sold  the  property  to 
Davis  &  Growell,  the  present  owners.  The  kiln  has  a  capacity  of  sixty 
barrels  pe?"  diem,  and  the  entire  works  are  under  the  superintendence  of 
S.  S.  Holmes. 

The  Remillard  Lime  Quarry. — These  works  are  situated  on  the  hills 
about  one  mile  south  of  Los  Gatos,  on  land  owned  by  Frank  Veiaer,  who 
leased,  in  March,  jL880,  to  Peter  Humel,  for  a  term  of  six  years.  In  tlie  fol- 
lowing May,  he  transferred  his  lease  to  the  Remillard  Brick  Company,  who 
had  the  term  extended  to  ten  years.  Up  to  the  present  time,  about  eight 
hundred  barrels  of  lime  have  been  taken  out  of  the  quarry,  under  the  super- 
vision of  Peter  Humel,  the  Superintendent. 

Saratoga. — In  or  about  the  year  1849-50  there  took  up  a  quarter-section 
of  land,  which  included  the  site  of  the  villao-e  of  Saratoga,  one  Martin  Mc- 
Carthy.  In  the  year  1851  he  laid  out  a  town,  gave  it  the  name  of  McCarthys- 
ville,  and  built  the  first  house  there,  that  in  which  his  widow  now  resides. 
The  next  settlers  to  come  to  the  village  were  William  Haun  and  his  wife, 
and  his  father-in-law,  John  Whisman.  In  the  Winter  of  1851-2  they  com- 
menced the  erection  of  a  water-power  flour-mill  on  the  site  of  the  Saratoga 
Paper  Mill,  and  the  residence  in  which  now  lives  John  Maclay.  The  mill 
was  destroyed  by  fire  in  1864.  The  next  house  to  go  up  was  that  of  Ashbury 
Shepard,  a  portion  of  which  is  now  used  as  the  Temperance  Hotel,  and  in 
the  same  year,  1853,  the  residence  now  of  Mrs.  Haun,  was  erected  by  a  man 
named  Beckwith.  At  this  period  Washburn  &  Pipkins  had  a  store  in  the  old 
house  next  door  to  Frank  Whipple's  saloon,  while  Hemy  Jarboe  had  then 
opened  the  first  blacksmith's  shop,  and  on  November  2,  1855,  Levi  Millard 
was  appointed  postmaster  for  McCarthysville  and  Bank  Mills. 

In  the  month  of  December,  1863,  a  re-survey  of  the  town  site  was  made  by 
C.  T.  Healy  and  filed  in  the  office  of  the  County  Recorder,  which  shows  an 
addition  to  the  original  limits  of  three  blocks  of  twelve  lots  each,  three  of  six, 
one  of  seven,  eight  and  nine  lots  respectively,  while  names  were  given  to 
the  street.s,  such  as  Lumber,  Oak,  and  St.  Charles;  Second,  Third,  Fourth, 
Fifth,  and  Sixth. 


IIKDWOOD   TOWNSHIP.  315 

Near  to  the  village  is  situated  the  Congress  Springs,  one  of  the  most  pop- 
ular resort  in  the  State,  the  waters  })eing  equally  beneficial  at  all  seasons 
of  the  year.  Congress  Hall  was  opened  June  16,  18GG,  was  originally  fifty 
feet  square,  and  was  established  as  a  Summer  resort  by  such  leading  capital- 
ists as  D.  0.;MilLs,  A.  Hayward,  A.  J.  Easton,  E.  W.  Knight,  O.  F.  Griffin, 
Louis  McLane,  John  O.  Earl,  and  George  R.  Spinney.  The  present  length 
of  the  building  is  two  hundred  and  twenty-five  feet,  and  contains  sixty-three 
well  ventilated  rooms.  A  more  extended  notice  of  this  establishment,  now 
conducted  and  owned  by  Lewis  A.  Sage,  will  be  found  on  page  39  of  this 
work. 

In  Saratoga  are  situated  the  Saratoga  Paper  Mill,  and  Caledonia  Paste- 
board Mills,  histories  of  which  will  be  found  below. 

Located  as  Saratoga  is  on  the  foot-hills,  the  views  from  soin3  points  are 
magnificent.  The  mountains  rise  in  irregular  cones,  one  close  up3n  another; 
some  bold,  others  covered  with  timber  or  brushwood,  and  all  runainof  down 
into  softly  undulating  hills  dotted  with  evergreen  and  majestic  live-oaks, 
which  shelter  many  a  neat  homestead.  To  the  east  the  mountains  rise  sharp 
and  clear  into  the  infinite  blue  of  the  cloudless  sky;  deep  shadows  darken  the 
many  canons  and  defiles;  below,  extending  to  the  Bay  of  San  Francisco,  lies 
the  gorgeous  Santa  Clara  valley,  while  off  to  the  right  the  range  of  the  Contra 
Costa  is  detected  in  the  dim  distance,  but  nearer  are  the  blue  peaks  of  Mount 
Hamilton,  grander  than  the  rest,  but  not  too  grand  for  its  being  the  site  of 
the  finest  astronomical  observatory  in  the  world. 

Saratoga  Paper  Mill. — This  enterprise  was  established  in  the  year  1868, 
by  E.  T.  and  W.  T.  King,  who,  shortly  after,  took  A.  Pfister  into  partnership, 
and  the  firm  became  known  as  E.  T.  King  &  Co.  In  1874  the  establishment 
was  amalgamated  with  the  Lick  Mills  property,  when  Blake,  Robbins  & 
Co.,  of  San  Francisco,  were  taken  into  the  firm,  the  association  converted 
into  a  joint  stock  company,  and  both  concerns  conducted,  until  1878,  as  the 
Saratoga  and  Lick  Mills  Paper  Manufacturing  Company.  In  1878,  A.  D. 
Remington,  of  the  Remington  Paper  Company,  Watertown,  New  York,  pur- 
chased, and  segregateil  the  Lick  property,  and  shortly  after,  tlie  uiill  now 
under  notice  was  leased  to  E.  T.  King,  under  whose  management  it  now  is. 
The  capacity  is  about  two  and  one-half  tons  daily;  the  power  used  is  steam; 
while  there  is  an  annual  comsumption  of  two  thousand  cords  of  wood,  and 
twelve  hundred  tons  of  straw. 

Caledonia  Pasteboard  Mills. — This  .establishment  was  erected  about  the 
year  1868;  by  Peter  Somerville,  who  conducted  it  until  the  Summer  of 
1878,  when  he  assigned  it  to  his  brother.  In  January,  1879,  the  property 
was  leased  for  a  year  by  Brown  Brothers,  who  purchased  it  in  Januar}^  1880, 
and  who  now  own  the  enterprise.     When  they  took  possession  the  quality 


316  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

of  the  manufacture  had  much  deteriorated,  but  by  earnest  labor,  and  careful 
workmanship,  so  good  a  business  has  been  built  up  that  the  premises  are  too 
small,  and  a  removal  to  more  ample  quarters  in  Santa  Cruz  count}^  is  con- 
templated. 

Lexington. — This  is  a  quiet  hamlet  situated  about  two  miles  above  Los 
Gatos,  in  the  Santa  Cruz  range  of  mountains.  It  is  unnecessary  to  say  more 
of  it  than  that  at  one  time  it  had  a  considerable  lumber  trade.  Some  three- 
and-twenty  years  ago  Roork  &  Herrick  constructed  a  saw-mill  nearly  four 
miles  above  the  village,  which  in  1859  was  reconstructed  by  Dr.  W.  S.  Mc- 
Murtey,  now  of  Los  Gatos.  When  this  gentlemen  v/ent  to  reside  there,  among 
the  residents  were  S.  N.  Johnson,  Scott  Hall,  James  Kennedy,  the  toll-keeper 
on  the  Santa  Cruz  turnpike,  while  R.  S.  Swain  conducted  a  small  hotel,  and 
a  man  named  Josephs  had  a  store.  Lexington  is  now  a  voting  precinct,  but 
otherwise  has  no  prominence. 

Alma. — This  is  a  hamlet  on  Los  Gatos  creek  consisting  of  only  a  few 
houses,  and  bearing  no  importance  of  any  kind. 

Wright's  Station. — This  is  a  depot  on  the  narrow  guage  line  of  the 
South  Pacific  Coast  Railroad,  and  is  principally  composed  of  the  cottages  of 
their  workmen,  and  the  necessary  shops. 


SAN   JOSE   TOWNSHfP.  317 


SAN  JOSE  TOWNSHIP  AND  CITY. 


In  this  chapter  of  our  history  of  Santa  Clara  county  we  have  been  per 
force  obliged  to  adopt  a  different  method  from  that  pursued  in  the  annals  of 
the  other  townships,  for  the  population  is  so  large  in  San  Jose  that  it  would 
have  been  next  to  impossible  to  follow  the  residents  as  they  arrived  and  set- 
tled in  so  densely  crowded  a  district.  With  this  simple  observation  we  leave 
our  researches  in  the  hands  of  the  reader. 

During  the  Gubernational  regime  of  Don  Felipe  de  Neve,  which  we 
have  already  shown  commenced  in  December,  1774,  and  closed  September, 
1782,  reports  upon  the  topography,  character  and  condition  of  Upper  Cali- 
fornia, and  what  situations  were  most  suitable  for  establishments  were 
frequently  made  to  His  Most  Catholic  Majesty,  the  King  of  Spain,  through 
the  Viceroy  in  Mexico.  The  country  from  south  to  north,  from  San  Diego 
to  the  Bay  of  San  Francisco,  then  the  Dan  and  Beersheba  of  our  State,  was 
carefully  examined,  and  permission  sought  to  locate  two  pueblos  or  towns, 
viz.:  that  tract  of  land,  now  Los  Angeles,  which  lies  contiguous  to  the  river 
La  Portincula,  one  hundred  and  twentv-six  miles  from  San  Dieofo  and  six 
from  the  Mission  of  San  Gabriel;  and  also,  that  tract  on  the  margin  of  the 
river  Guadalupe,  seventy-eight  miles  from  the  presidio  of  Monterey  forty- 
eight  from  that  of  San  Francisco,  and  two  miles  and  a  quarter  from  the 
Mission  of  Santa  Clara.  The  dispatch  embodying  these  measures  bore  date 
June  3.  1777,  but  so  long  was  the  Governor  in  receiving  the  awaited 
reply,  owing  chiefly  to  the  distance  which  separated  him  from  the  City  of 
Mexico,  that  he  took  the  responsibility  upon  his  own  shoulders,  and  directed 
Don  Jose'  Moraga,  the  Lieutenant  commanding  the  presidio  of  San  Francisco, 
to  detach  from  garrison  duty  there  nine  soldiers  of  known  agricultural  skill, 
and  two  settlers,  with  three  others  obtained  for  that  specific  purpose,  and 
with  them  proceed  to  form  a  settlement  on  the  banks  of  the  Guadalupe. 
On  November  29,  Anno  Domini  1777,  this  little  band  planted  themselves  on 
the  margin  of  that  stream,  about  a  mile  and  a  quarter  north  of  tlie  center  of 
the  present  city,  dubbed  their  camp  a  pueblo,  and  gave  to  it  the  name  of 
San  Jose  de  Guadalupe,  after  the  holy  Saint  Joseph. 

The  information  hereinbefore  given  is  derived  chiefly  from  Mr.  Hall's  "  His- 
tory of  San  Jose;  "  let  us  .see  what  an  older  authority  has  to  say  in  regard  to 
the  founding  of  the  Peublo  de  San  Jose  de  Guadalupe:  In  the  "  Noticias  de 
Nueva  California  "  by  the  Rev.  Father  Palou,  among  the  manuscript  archives 


318  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

of  the  City  of  Mexico,  we  are  distinctly  told  that  the  pueblo  was  founded 
November  7,  1777,  and  that  the  persons  taking  possession,  made  their  set- 
tlement in  the  name  of  his  Majesty,  making  out  the  square  for  the  erection 
of  the  houses,  distributing  the  solares  (hou.se-lots)  and  measuring  to  each 
settler  a  piece  of  ground  for  the  sowing  of  a  fanega  of  maize  (two  hundred 
varas  by  four  hundred,)  and  for  beans  and  other  vegetables.  The  Regula- 
tion for  the  Government  of  the  Provinces  made  by  Governor  Neve,  at  Monte- 
rey, June  1,  1779,  and  approved  by  the  King,  by  Royal  Order,  October  24, 
1781,  as  is  hereafter  shown,  allowed  to  each  settler  four  lots  of  two  hundred 
varas  square,  besides  their  house-lot,  and  was  acted  upon  by  the  Commissioner 
— but  we  must  not  anticipate. 

On  April  15,  1778,  Governor  Neve  communicated  his  step  to  the  Viceroy, 
who,  in  reply  dated  July  22d  of  the  same  year,  fully  approved  the  action 
taken,  and  warmly  coinmeuded  the  Governor  for  his  share  in  the  affaii*.  As 
in  duty  bound  the  Viceroy  reported  the  measure  to  the  Central  Government, 
a  full  approval  being  received  by  letter  bearing  date  March  6,  1779,  wherein 
His  Majesty  expressed  his  supreme  satisfaction  at  the  action  of  Felipe  de 
Neve,  who  was  charged  to  use  ever  caution  to  the  end  that  the  new  pueblo 
be  an  assistance  and  not  a  hindrance  to  the  neighboring  Mission  of  Santa 
Clara. 

The  little  company  of  pioneers  were  early  left  to  their  own  devices  for  the 
Lieutenant  had  returned  to  his  military  duties  at  San  Francisco.  It  is  not 
hard  to  picture  their  solitude.  True  the  same  genial  sun  that  had  warmed 
them  in  their  aimless  youth  now  shown  upon  the  budding  of  a  useful  man- 
hood; the  same  moon  which  caused  the  merry  shadows  to  gambol  around 
their  Mexican  homes,  now  lent  her  pure  rays  to  illuminate  their  lonely 
dwellings;  and  surely  these  are  the  same  stars  that  playfully  twinkled  over 
their  infantile  diversions  and  now  brighten  their  monotonous  tedium ;  there- 
fore rather  than  permit  the  canker  worm  of  care  to  ingraft  itself  upon  their 
minds,  they  were  up  and  doing,  and  first  commenced  a  desultory  kind  of 
cultivation,  and  so  went  on  until  the  sway  of  Governor  Neve  had  ceased 
and  Don  Pedro  Fages  was  appointed  in  September,  1782. 

On  the  24th  December,  of  that  year,  Lieutenant  Moraga,  who,  it  would 
appear,  is  intimately  connected  with  the  earliest  history  of  this  city,  was 
appointed  a  Commissioner  to  proceed  to  San  Jos^  to  parcel  out  the  land  to 
the  nine  founders,  so  that  the  possessions  should  be  uniform  and  regular,  and 
that  a  proper  line  of  demarcation  should  be  introduced  between  vacant  lands, 
common  lands  for  pasturage,  vacant  suburbs  for  building,  and  wood  lands. 
This  duty  Moraga  performed  in  the  following  manner,  according  to  his  official 
report,  dated,  September  1,  1783,  a  document  bearing  his  own,  as  well  as  the 
signature  of  the  two  assisting  witnesses,  whom  he  was  ordered  to  appoint, 
Felipe  Tapia  and  Juan  Jose  Peralta:  On  May  13th,  of  that  year,  he  nominated 


SAN   JOSl?.   TOWNSHIP.  319 

the  witnesses  to  oftice,  which  was  duly  accepted,  and  then  on  the  following 
day,  the  14th,  he  called  the  nine  founders  and  the  assisting  witnesses  to 
appear  before  him,  when,  in  his  company,  the  lands  to  be  distributed  were 
visited,  and  in  the  presence  of  all,  the  division  of  each  was  given,  as  under: 
First. — To  Ignacio  Archuleta  he  gave  a  house-lot,  thirty  varas  square, 
adjoining,  on  one  side,  that  on  which  stood  the  Ayuntaraiento,  or  House  of  the 
Town  Council,  and  on  the  other,  the  lot  of  Manuel  Gonzales,  as  well  as  two 
hundred  varas  square  (comprised  in  four  suertes,  or  out-lots,  two  watered,  and 
two  dry),  of  cultivable  lands,  all  of  which  were  irrigable,  and  possession  given 
to  the  said  Archuleta.  Second. — On  the  15th,  he  gave  the  .same  amount  of 
land  to  Manuel  Gonzales,  whose  suertes  were  bounded  by  those  of  Jos^ 
Tiburcio  Yasquez,  Bernado  Rosales,  Claudio  Alvires,  and  Sebastian  Alvitre, 
the  limits  of  his  house-lot  beingr  that  of  Archuleta,  on  the  one  side,  and 
Vasquez  on  the  other.  Third. — 'He  gave  a  like  quantity  of  land,  on  the 
same  day,  to  Jose  Tiburcio  Vasquez,  the  tillable  land  thus  apportioned  being 
bounded  by  tho.se  of  Francisco  Avila,  Bernado  Rosales,  Manuel  Gonzales, 
and  Manuel  Amesquita.  Fourth. — May  the  IGth,  he  assigned  to  Manuel 
Amesquita  a  house-lot  bounded  on  one  side  by  that  of  Josd  Tiburcio  Vas- 
quez, and  on  the  other,  by  that  of  Antonio  Romero ;  that  he  also  gave  him 
four  suertes,  bounded  on  one  side  by  those  of  Claudio  Alvires,  and  on  the 
other  by  the  lands  of  Jose  Tiburcio  Vasquez.  Fifth. — The  next  day  An- 
tonio Romero  received  a  house-lot,  bounded  on  one  side  by  that  of  Manuel 
Amesquita,  and  on  the  other  by  that  of  Bernado  Rosales,  also  four 
out-lots  bounded  by  those  of  Jos^  Tiburcio  Vasquez  and  Francisco  Avila. 
Sixth. — That  on  the  same  day  he  gave  a  solar  (house-lot)  to  Bernado 
Rosales,  bounded  by  that  of  Antonio  Romero  on  one  side,  and  on  the 
other,  by  that  of  Francisco  Avila;  four  suertes  were  also  given,  their  lim- 
its being  the  lands  of  Francisco  Avila,  and  Manuel  Gonzales.  Seventh. — To 
Francisco  Avila,  he  apportioned,  on  the  18th,  a  house-lot,  bounded  on  the  one 
side  by  the  solar  of  the  Ayuntamiento,  and  on  the  other  by  that  of  Sebas- 
tian Alvitre;  also  four  suertes,  bounded  by  those  of  Jose'  Tiburcio  Vasquez, 
Atonio  Romero,  and  Bernado  Rosales.  Eighth. — That,  on  the  same  day,  he 
assigned  to  Sebastian  Alvitre,  a  solar,  bounded  on  one  side  by  that  of  Francisco 
Avila,  and  on  the  other  by  that  of  Claudio  Alvires;  as  well  as  four  out-lots 
adjoining  those  of  Bernado  Rosales,  Claudio  Alvires,  and  Manuel  Gonzales. 
Ninth. — And  that,  likewise  on  this  date,  he  gave  to  Claudio  Alvires,  a 
house-lot,  bounded  by  that  of  Sebastian;  also,  four  out-lots,  having  as  their 
boundaries,  the  parcels  of  lands  allotted  to  Sebastian  Alvitre  and  Bernado 
Rosales.  As  possession  was  given  to  each  new-tledged  land-owner,  he  was 
made  the  recipient  of  a  branding-iron  to  mark  his  cattle  ;  he  also  received  a 
title  to  each  session;  and  was  instructed  to  surround  his  house-lot  with  an 
alley  ten  varas  wide;  and  around  each  suerte,  or  out-lot,  one  of  four  varas. 


320 


HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 


ESTADO    QUE    MANIFESTA    LAS     SUEKTES    DE    TIEND.    REPARTEDS.    A    LOS    POBLADO.    DEL  PUEBLO  S'N 

Josef  con   expresion   de  las   que  a  cada  uno  coryepordert  y  son  de  la  donintas 
RL.    POR  costade;    para  informe  de  Senor  Gov'r  asaver. 


t 


PCEBLO. 


Realengo 


De 

Sebastian 
Albitre 


De 
Ydcn 
Albitre 


Nota, 

La  rtparticion  de  tierras  de- 
marcadas  se  hiso  pormi  el  tente. 
y  comte  del  Presd.  de  S'n  Fran'co 
con  arreglo  k  la  orden  del  Sen 
Gov'r  y  se  entos  garon  k  sus 
desenos  el  dia  23  de  Abril  de  17S1. 

Sn  Fran'co  7  de  Junio  de  dho 
ano.  Joseph  Moraga, 

Rubrica. 


De  Manuel 
Amegquita 


De 
Clau'lio 
Al  hires 


De 
Bernardo 
Rozales 


De 

Franco 
Abila 


De 

Anto 
Romero 


De 
Ygnacio 
Archuleta 


L 


De 

Yd  en 

Archuleta 


.^t 


.^e 


^c^" 


De  Yden 
Aniesquita 


De 

Yden 
Romero 


Realengo 


Acta  aquies  la  malida  de  la  Crod  purta  de  camino  a  la  mision. 


Rcalenno 


De 
Manuel 
Gonzales 


De  Josef 
Tiburcio 
Basquez 


De 
Yden 
Basquez 


De 
Yden 
Gonzales 


Nota. 

Todo  lo  so- 
brante  en  es- 
ta  me  dida 
cste  niuchos 
bajos  porto 
que  qd.  do 
realengo. 


5' 


.■::/#' 


toCj^Z^^ 


>-' 


SAN    JOSE   TOWNSHIP.  821 

On  the  lUth,  the  action  conferring  possessory  riglits  liaving  been  effected, 
the  Commissioner,  with  the  two  assisting  witnesses  and  the  founders, 
crossed  the  Guadalupe  to  its  western  bank,  and  measured  from  the  dam 
to  the  boundary  line  separating  the  lands  of  the  Santa  Clara  Mission  and 
those  of  the  pueblo,  and  Found  it  to  be  nineteen  hundred  and  fii'tv-eight 
varas.  One-half  of  this  survey  was  assigned  to  the  pueblo,  for  prupios 
(common  lands  with  pasturage  and  fields  rented  for  the  purpose  of  raising  a 
revenue  for  municipal  purposes),  the  other  half  being  looked  upon  as  vacant, 
excepting,  alwa3's,  such  portions  as  were  intended  for  house-lots  and  out 
lots — solars  and  suertes ;  that  the  ejldos — vacant  suburbs  intended  to  be  used 
for  house-lots  as  the  pueblo  increased — had  been  assigned  near  the  buildings, 
where  the  gi'ound  was  hijjh,  the  dimensions  beinor  fifteen  hundred  varas  in 
k'Ugth,  and  seven  hundred  wide.  We  are  told  that  this  report  is  somewhat 
vague  as  to  the  exact  boundaries  of  the  ejidos ;  a  great  fault,  indeed,  inas- 
much as  under  the  Spanish  and  Mexican  laws  it  was  absolutely  necessary  to 
clearly  define  every  class  of  pueblo  lands,  and  particularly  the  ejidos,  as 
they  were  laid  off  around  the  town  expressly  for  buiWing  lots,  and  could 
not  be  granted  for  any  other  purpose.  Prescription  did  not  run  against 
them. 

Tims  it  will  be  seen  who  the  actual  fathers  of  the  present  prosperous  city 
were.  Let  us,  for  the  sake  of  conciseness,  re-enumerate  them.  There  were: 
Ignacio  Archuleta,  Manuel  Gonzales,  Jose  Tiburcio  Vasquez,  Manuel  Armes- 
quita,  Antonia  Romero,  Bernadb  Ro.sales,  Francisco  Avila,  Sebastian  Alvitre, 
and  Claudio  Alvires.  This  is  a  fact,  the  value  of  which  can  not  be  over- 
rated, yet  there  is  another  matter  of  as  much  importance,  and  which  is  of 
dee[)  interest,  and  that  is,  the  relative  position  of  each  man's  lan<l,  and  the 
general  idea  of  the  situation.  To  bring  this  clearly  to  the  mind  of  the 
reader,  we  here  produce  a  cop}^  of  the  original  plan  of  the  pueblo,  as  allotted 
1)V  Commissioner  Lieutenant  Moraga,  still  it  is  a  vast  pity  that  a  complete 
plan  of  all  the  lots  he  handed  over  to  the  pobladores  was  not  made,  and  if 
made,  not  kept  in  the  archives,  for,  owing  to  the  insufhciency  of  the  plan, 
and  there  being  no  monuments,  it  is  next  to  impossible  to  designate  their 
exact  location. 

We  have  already  said  the  first  houses  stood  about  a  mile  and  a  quarter 
from  the  center  of  the  present  city;  that  is,  the  precise  locality  in  which  they 
were  erected,  is  about  where  the  first  bridge,  on  the  road  to  AlvLso,  is  built. 
Here,  however,  they  were  not  to  remain,  or  rather,  it  was  not  long  before  the 
settlement  was  to  be  moved. 

Up  till  the  year  1785,  the  little  band  of  settlers  were  the  victims  of  all  the 

vicissitudes  attendant  on  stormy,  cold  and  wet  winters,  indeed,  the  end  of  1778 

and  beginning  of   1779   saw    them  flooded   almost  out  of  house  and  home. 

These  discomforts,  added   to  hostile  <lemonstrations  by   predatory    bands  of 

•1\ 


322  HISTORY    OF    SANTA    CLARA   COUNTY,    CALIFORNIA. 

Indians,  caused  them  to  talk  over  the  matter  of  translocation,  and  seek  a 
remedy  at  the  hands  ot'  the  Government.     With  this  end  in  view,  a  formal 
petition  was  drawn  up  and  transmitted  to  the  Governor,  in  which  permission 
was  asked  to  remove  the  pueblo  to  higher  ground,   a  little  distance  south 
of  the  position  it  then  occupied,  but  that  official   not  having  the  necessary- 
power  to  issue  such  an  order,  he  made  a  full  report  of  the  subject-matter, 
under  date  August  5, 1785,  to  the  Commandante-General  of  the  Intendencia, 
at  Arispe,  Sonora.     In  those  days,  though,  it  took  much  time  to  move  the 
wheels  of  official  machinery,  delay  followed  delay,  the  last  moi'e  vexatious 
than   the  preceding;  form  and  ceremony  went  hand  in  hand  to  balk  the 
desire  of  the  little  band   of  pioneers;   day  followed  day,  weeks  grew  into 
months  and  these  into  years,  and  yet  no  reply  came  to  hand,  nor  was  any 
received  until  well  on  into  the  third  year  after  the  petition  was  sent.  At  long 
last  a  decree  was  issued  by  the  Commandante,  June  21,  1787,  authorizing 
the  settlers  to  move  to  the  "adjacent  loraa  (little  hill)   selected  by  them  as 
more  useful  and  advantageous,  without  changing  or  altering,  for  this  reason, 
the  limits  and  boundaries  of  the  territory  or  district  assigned  to  said  settle- 
ment and  to  the  neighboring  Mission  of  Santa  Clara,  as  there  is  no  j  ust  cause 
why  the  latter  should  attempt  to  appropriate  to  herself  the  land."    Still,  this 
dicttiin  would  appear  to  have  been  without  effect,  for  ten  years  later  it  is  on 
record  that  Don  Diego  de  Borica,  who  was  Governor  between  the  years  1794 
and  1800,  requested  Don  Gabriel  Moraga,  as  to  what  means  could  be  devised, 
to  free  the  inhabitants  from    their  periodic    martyrdom.     Moraga  replied, 
January  8,  1797,  that  the  only  resources  whereby  the  pueblo  could  be  freed 
of  this  annual  flood,  were:  "  To  move  and  build  houses  on  the  other  side  of 
the  river,  where  there  is  a  sitio  aproposito  (an  appropriate  site),  about  two 
gunshots  distant,  in  front  of  which  are  oaks,  in  the  same  plain  that  extends 
to  the  Mission.     This  paraje,  place  or  site,  is  the  property  of  the  pueblo  and 
within  its  territory,  and  without  any  controvei'sy  in  relation  to  its  bounda- 
ries.    This  place  possesses  great  advantages  and  seeurit}^  against  the  rising 
of  the  water,  and  the  principal  one  is  the  facility  of  traveling  to  the  Mission ; 
although  the  water  may  be  high  the  passing  will  not  be  inconvenient,  and 
there  will  be  no  detention  from  mass  or  confession  (which  at  present  the 
people  are  deprived  of),  and  the  traveling  will  not  be  disagreeable;  but  in 
weather  like  the  present  there  is  no  alternative  (although  a  sudden  death  or 
accident  should  occur),  except  to  carry  on  one's  shoulders  the  sick  person ; 
and  this,  with  a  thousand  difficulties  they  would  meet,  Avould  not  be  an  easy 
task,  nor  one  to  which  the  Reverend  Fathers  should  be  exposed.    These  are  the 
reasons,  sir,  which  the  inhabitants,  except  four  individuals,  have  made  known 
to  me.     Indeed,  Ygnacio  Vallejo  is  of  the  same  opinion."     In   this  report 
Moraga  embodied  the  views  of  the  said  Vallejo,  given  in  these  words:  "At 
the  time  I  obtained  command  as  Commissioner  of  the  pueblo,  the  water 


SAN   JOSI^:   TOWNSHIP.  323 

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  con- 
fession, 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  (band  of 
horses  grazing),  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  occa- 
sions, the  wild,  unchristianized  Indians  have  committed  depredation.s. 
Finally,  for  sowing  wheat,  corn  and  other  grains,  the  carrying  of  the  mails, 
and  the. passage  of  pack-trains,  it  offers  gi-eat  advantage,  as  well  as  for 
timber  and  wood  ;  everything  is  nearer  and  move  convenient,  and  I  fully 
approve  of  the  view  of  the  citizens." 

The  above  would  appear  to  have  been  good  and  sufficient  reasons  why  the 
pueblo  should  be  relocated,  and  to  be  such  they  were  proven,  for  the  fiat  went 
forth  that  the  prayer  of  the  petitioners  be  granted,  but  effect  was  not  given 
to  the  decree  until  full  a  dozen  years  later.  What  was  the  cause  of  the  delay 
is  purely  suppositious — there  may  have  been  fair  reasons  and  there  may 
have  been  none,  unhappily  the  precise  date  on  which  the  removal  was  effected,  is 
veiled  in  obscurity,  nor  are  there  any  records  extant,  we  believe,  which  go  to 
show  that  there  was  a  redistribution  of  house-lots  (solars),  and  out-lots 
(suertes),  similar  to  that  performed,  in  1783,  by  Lieutenant  Moraga,  but  this 
we  do  know,  that  the  removal  was  accomplished  in  the  year  1797,  the  cen- 
tral point  of  the  new  location  being  near  the  corner  of  Market  and  San 
Fernando  streets. 

At  this  period  there  arose  a  dispute  between  the  Fathers  at  the  Mission 
and  the  pueblo  residents  as  to  the  boundary  line  dividing  the  two  conces- 
sions, which,  after  several  appeals  to  the  authorities  at  Mexico,  was  finally 
settled;  this  subject  will,  however,  be  found  more  fully  gone  into,  in  another 
portion  of  this  volume. 

We  have  thus  far  seen  the  first  village  of  San  Jo.se  established,  its  subse- 
quent removal  to  a  more  advantageous  locality,  and  its  inauguration  on  ground 
with  which  we  are  all  more  or  less  familiar.  It  is  to  be  presumed  that  in 
the  old  pueblo  there  had  been  a  Town  Council  House,  for  we  find  the  lot  on 
which  stood  the  Ayuntamiento  designated  in  1783  as  a  boundary  to  certain 
solars  then  gj-anted,  what  became  of  the  building  no  one  now^  knows,  it  has 
probably  mixed  with  the  clay  from  which  it  was  originally  fashioned;  in  1783, 
however,  that  Ayunatraiento  or  Juzgado,  so  well  remembered  by  many 
pioneers  of  our  own  day,  was  erected  on  Market  street  near  the  corner  of  El 
Dorado  street.  It  was  one  story  high,  contained  three  rooms,  while  the  gable 
ends  faced  east  and  west.  The  central  apartment  was  occupied  by  the  Court; 
that  to  the  east  was  the  room  of  the  Alcalde;  while  the  western  division  was 


824  HISTORY    OF    SANTA    CLARA   COUNTY,    CALIFORNIA. 

used  as  a  jail.  The  building  was  torn  down  in  the  year  1850,  and  the  adobe 
bricks  from  its  walls,  after  sixty-seven  yenrs'  usage,  went  towards  the  con- 
struction of  a  fine  house  on  the  north-east  corner  of  Market  and  Santa  Clara 
streets  for  J.  D.  Hoppe. 

The  next  two  decades  did  not  bring  much  of  interest  to  the  pueblo,  in  fact, 
were  it  not  for  the  excitement  fermented  by  boundary  disputes,  theirs'  was  a 
dull  time  indeed;  at  length  it  dawned  upon  them  that  the  Mission  of  Santa 
Clara  was  too  distant,  and  the  way  thither  too  dangerous  for  them  to  attend 
the  religious  exercises  with  any  degree  of  regularity,  therefore,  in  the  advance- 
ment of  Roman  Catholicity,  and  a  part  of  their  national  functions  as  well,  it 
was  considered  expedient  to  erect  a  chapel  within  their  own  precincts,  and, 
trusting  to  the  Mission  Fathers  for  an  officiating  clergyman,  whose  dangers 
were  unconsidered  when  traveling  between  the  two  points  of  the  Mission  and 
pueblo,  there  might  woi'ship  according  to  their  own  devices.  The  measure 
having  advanced  through  its  preliminary  stages,  Don  Macario  Castro  indicted 
an  epistle  to  Don  Jose  de  la  Guerra,  Commandante  at  San  Carlos,  near  Mont- 
erey, July  1,  1803,  begging  him  to  come  to  San  Josd  and  act  as  Sponsor  at 
the  consecration  of  the  corner-stone  of  the  new  place  of  worship;  the  reply 
received  was  dated  July  7th,  and  went  on  to  relate  that  his  daily  acts  of 
impiety  would  preclude  the  possibility  of  his  taking  advantage  of  the  gracious 
request,  but,  seeing  that  he  was  permitted  to  name  a  substitute,  he  had 
deputed  Don  Jose  Maria  Estudillo,  a  cadet,  a  person  in  whom  he  had  the 
most  implicit  reliance,  to  perform  the  duties,  knowing  full  well  that  to  him 
they  could  be  trusted.  On  the  12th  of  July  the  ceremony  took  place  with 
becoming  pomp;  coins  of  the  reigns  of  different  Spanish  sovereigns  were 
placed  beneath  the  corner-stone,  and  a  statement  of  the  ceremonies  placed  in 
a  sealed  bottle,  so  that  the  memory  thereof  should  be  perpetuated.  Thus 
reads  the  translation  of  this  document: — ■ 

"In  the  Pueblo  of  San  Jose' de  Guadalupe,  the  12th  day  of  July,  1803, 
Senor  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  Bernado  Heridia  and  Francisco  Gonzales,  Regidores; 
at  six  o'clock  of  the  evening  on  said  day,  was  made  the  consecration  of  the 
first  stone  and  mortar  of  the  church  which  was  commenced  in  the  said  Pueblo 
<ledicated  to  the  Patriarch  Senor  St.  Joseph,  and  the  Virgin  Guadalupe; 
which  ceremony  was  celebrated  with  much  solemnity  by  the  Reverend  Father 
Friar,  Joseph  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,  mone}''  of  every  sovereign,  and  a  duplicate 
of  this  document,  in  a  bottle  sealed  with   wax,  for  its  preservation  in  the 


SAN    J0S6   TOWNSHIP.  325 

future ;  and  for  the  present,  we  sign  it  in  the  said  Pueblo,  the  day,  month 

and  year  aforesaid. 

"  Fr.  Josi^:  Vfadf.r. 
"  Josi^:  Maria  Estudillo,  As  proxy  for  Alferez  de  la  Guerra  y  Noriega. 
"  Macario  de  Castro,  Commissioner." 

This  chapel  was  composed  of  adobe  walls  and  covered  with  a  roof  of  tules; 
within,  was  ornamented  with  a  few  simple  pictures  of  Saints,  and  Biblical 
scenes;  it  stood  until  the  year  1835,  when  it  gave  place  to  another  and  fitter 
edifice,  while  the  present  noble  structure  standing  at  the  corner  of  Market 
and  San  Fernando  streets,  and  built  in  the  shape  of  a  cross,  has  in  its  main 
body  the  site  of  the  original  St.  Joseph's  Church,  the  first  place  of  worship 
erected  in  San  Jose.  We  doubt  not  for  the  thirty  years  and  more  which  it 
stood,  many  submissive  hearts  have  knelt  in  deep  devotion  before  its  prim- 
itive altar,  and  many  rebellious  spirits  been  soothed  within  its  sacred  walls. 
We  can  almost  now  hear  the  impressive  service  commenced,  the  praises 
chanted,  and  the  benediction  pronounced,  and  see  the  happy  few  return  to 
their  homes  relieved  in  mind,  and  for  the  present  with  all  feuds  forgotten ; 
indeed  it  is  a  pleasant  solace  to  conjecture  the  earlier  citizens  of  this  lovely 
city,  though  rough  in  exterior,  still  child-like  in  spirit,  fearing  the  Lord,  for 
if  there  is  ever  one  time  when  prayer  may  be  more  beneficially  asked  than 
at  another,  it  is  when  deep  solitude  surrounds  us,  when  the  dark  future 
appears  to  be  yet  more  dark,  when  thankfulness  is  to  be  divided  among  only 
a  small  community,  and  when  deep  love  binds  man  and  woman,  youth  and 
maiden,  old  and  young,  then  and  then  only,  do  the  hardened  pray  with 
fervor,  and  the  wicked  seek  to  be  reclaimed. 

In  our  day  unhappily  the  growth  of  a  city  may  be  guaged  by  the  number 
of  saloons  in  force ;  that  such  w^as  not  the  case  in  the  earliest  times  of  San 
Jose  is  a  fact  to  be  remembered,  yet  we  are  informed  that  not  more  than  the 
half  of  a  dozen  years  had  elapsed  since  its  foundation  than  permission  was 
sought  from  the  Government  by  an  enterprising  citizen  to  manufacture  peach 
brandy.  Then  as  now  the  valley  was  prolific,  probably  moi-e  so  in  those 
times  than  at  the  present;  fruit  trees,  vegetables  and  cereals  flourished  Avith 
prodigious  success  where  they  had  been  planted,  and  such  was  the  prodigal 
out-come  of  one  crop  of  peaches,  that  the  owner,  Manuel  Higuera,  found  his 
way  to  Monterey,  solicited  the  boon  to  turn  his  surplus  crop  of  peaches  into 
brandy,  and  received  the  august  authorization,  dated  August  19,  1805,  to 
make  one  harrel  of  the  cherished  tipple,  which  no  doubt  he  performed  with 
becoming  zeal  in  what  may  be  called  the  first  distillery  in  San  Jose. 

During  these  years  it  is  only  natural  to  suppose  tliat  the  community  throve 
in  the  genial  climate  of  the  valley,  and  that  the  youth  of  the  ])ueblo  flour- 
ished as  a  green  bay  tree;  still  there  are  no  records  extant  as  to  any  first 
step  being  taken  towards  the  establishment  of  a  system  of  public   tuition. 


326  HISTORY    OF   SANTA    CLARA    COUNTY,    CALIFORNIA. 

In  the  San  Jose  Records,  there  is  preserved  a  Spanish  document  bearing  on 
this  subject,  and  from  which  the  following  information  may  be  gleaned:  It 
would  seem  that  in  the  year  1811  a  contract  had  been  entered  into  by  the 
Commissioner  of  the  pueblo,  acting  on  behalf  of  the  families  thereof,  and  an 
infirm  corporal  named  Rafael  Villavicencio,  to  instruct  the  children  of  the 
settlement.  This  covenant  was  transmitted  to  Monterey  for  approval,  but 
the  Commander,  considering  the  document  defective,  made  the  accompany- 
ing reply  to  the  Commissioner: — 

"I  return  to  yov^,  that  the  same  may  be  placed  in  the  archives,  the 
oblio-ation  which  the  inhabitants  of  the  neio'hborhood  have  made  with 
the  infirm  corporal,  Rafael  Villavicencio,  who  transmitted  it  to  me  by 
ofiicial  letter  of  the  30th  of  last  September,  in  which  he  obligated  himself 
to  teach  the  children  of  this  pueblo  and  vicinity,  to  read,  write,  and 
the  Doctrine ;  and  to*  be  paid  therefor  at  the  rate  'of  eighteen  reales 
jper  annum,  by  every  head  of  a  family,  in  grain  or  flour.  As  in  this 
obligation  of  both  parties,  the  conditions  are  not  expressed,  which  I  consider 
ought  to  be,  I  have  thought  proper  to  dictate  them ;  that  you  may  make  it 
known  to  both  parties  in  public,  with  their  consent ;  and  that  it  be  signed 
by  you,  the  Alcalde,  Regidores,  and  the  teacher,  and  registered  in  the  archives. 

"  Firstly. — The  pay  of  eighteen  reales  annually  by  each  and  every  head  of 
a  family,  I  think  is  quite  sufficient  for  the  teacher;  and  as  it  is  all  they  can 
give,  in  virtue  of  which,^the  Commissioner  will  be  obliged  to  collect  the  same 
at  the  proper  time,  in  order  to  deliver  it  to  the  teacher.  The  teacher,  in 
virtue  of  the  pay  which  is  to  be  made  to  him,  will  also  be  obliged  to  perform 
his  obligation  with  the  orreatest  vio-llance  and  strictness,  without  givino-  his 
attention  to  anything  else  but  the  teaching.  As  the  hours  are  not  expressed 
in  which  the  attendance  of  the  children  oug-ht  to  be  at  school,  thev  will  be 
these:  six  in  a  day;  three  in  the  morning  and  three  in  the  afternoon;  in  the 
morning  from  eight  o'clock  until  eleven,  and  in  the  afternoon  from  two  until 
five;  it  being  the  duty  of  the  Commissioner  to  compel  the  fathers  to  make 
their  children  attend;  and  to  see  that  the  teacher  in  no  instance  fails. 

"  Every  Thursday  and  Saturday  afternoons,  the  children  will  not  write  or 
read,  but  explanations  will  be  given  them  these  two  afternoons,  of  the  Doc- 
trine (faith) ;  at  which  times  the  Commissioner  will  attend,  and  advise  the 
teacher  that  he  must  answer  for  the  little  or  much  explanation  which  he  may 
make. 

"■  When  the  teacher  observes  the  absence  of  any  of  the  scholars  at  the 
school,  he  will  notify  their  fathers,  who  will  give  some  satisfactory  reason 
why  they  were  absent  on  that  morning  or  afternoon ;  and  if  they  should  be 
absent  a  second  time,  then  he  will  notify  the  Commissioner,  who  will  compel 
the  fathers  to  send  their  children,  without  receiving  any  excuse  or  pretexts, 
particularly  from  the  mothers,  because  they  will  be  frivolous,  since  the  chil- 
dren have  sufficient  time  to  do  all  that  they  are  required  to  do. 


SAN   JOS^   TOWNSHIP.  327 

"  Lctstli/. — During  the  time  in  which  the  children  are  at  school,  their  fathers 
will  be  exempt  from  btnng  responsible  to  God  for  them,  and  the  teacher  will 
be  the  one  who  is  thus  responsible;  as  he  will,  also,  in  consideration  of  his 
pay,  be  responsible  for  the  education  and  teaching  of  the  holy  dogmas  of  the 
roliii-ion;  and  the  teacher  is  he  who  must  be  responsible  to  God,  the  parish 
priest,  and  to  their  authority.  It  is  also  understood  that  the  fathers  are 
obliged  to  examine  their  children  at  home,  as  to  the  advancement  which  they 
may  make,  and  to  complain  to  the  Commissioner  when  they  see  no  advance- 
ment, in  order  that  he  may  remedy  the  matter,  if  necessary. 

"  As  the  teacher  is  responsible  in  the  Divine  presence  for  the  education 
and  o-ood  examples  of  his  scholars,  and  as  he  must  answer  to  the  State  for 
the  fulfillment  of  his  obligations,  he  has  the  right  to  correct  and  punish  his 
scholars  with  advice,  warning,  and  lashes,  in  case  of  necessity ;  and  particu- 
lar! v  he  ought  to  do  it  for  any  failure  to  learn  the  Doctrine,  for  which  he 
ought  not  to  accept  any  excuse,  nor  to  pardon  any  one  from  punishment 
wdio  fails  to  learn  it,^  or  who  does  not  commit  to  memory  the  lesson  which 
ma}^  be  given  him. 

"  Having  made  known  that  it  should  be  registered  as  I  command :  God 
preserve  you  many  years.  Jos^Ma.  Estudillo." 

A  true  and  correct  copy  of  this  curious  document  was  placed  in  the 
corner-stone  of  the  State  Normal  School,  when  it  was  laid,  October  20, 
1870,  and  after  the  destruction  of  that  building  by  fire  February  10,  1880, 
w'as  brought  to  light  in  a  state  of  remarkable  preservation,  to  be  again  hidden 
from  view,  on  the  occasion  of  a  like  ceremony  for  the  edifice  which  has 
since  arisen  from  the  ashes  of  the  last  grand  structure. 

Up  till  the  year  1814,  the  Santa  Clara  valley  had  been  free  from  the 
presence  of  the  Anglo  Saxon.  The  Spanish  denizens  had  been  left  in 
undisputed  possession  of  their  pueblo,  and  the  Mission  Fathers  of  their  vast 
tracts  of  land.  California  was  then  almost  an  undiscovered  country,  the 
delights  of  its  wonderful  climate  were  unknown,  save  to  those  stray  voya- 
gers, like  Drake,  Vancouver,  and  others,  the  healthful  infiuences  of  its 
mountains  and  valleys,  its  springs  and  rivulets  were  unappreciated  by  the 
sons  of  the  soil,  nor  was  the  fruitfulness  of  the  earth  made  known  to  any 
but  the  few  aijriculturists  who  cultivated  the  cereals  in  a  disconnected  fashion. 
The  only  communication  with  the  outside  world  was  by  tho.se  vessels  con- 
cerned in  the  wdialing  trade,  and  others  which  came  to  the  coast  for  hides, 
tallow,  and  different  commodities  then  commencing  to  be  produced  at  the 
Missions;  in  one  of  these  arrived  John  Cameron  alias  Gilroy  in  1814,  and 
two  years  later  Robert  Livermore.  The  last-mentioned  gentleman,  who  was 
an  Englishman  by  birth,  deserted  from  a  whaling  vessel  in  Santa  Cruz  in  the 
year  181G,  and  thence  finding  his  way  into  this  valley  became  the  first  foreigner 
who  dwelt  in  the  Pueblo   de  San  Jose^,  where  remaining  but  four  years,  he 


328  HISTORY    OF    SANTA   CLARA    COUNTY,    CALIFORNIA. 

moved  to  another  part  of  the  country,  and  finally,  in  connection  with  Jose 
Noriega,  got  possession  of  the  Las  Positas  Rancho,  of  two  square  leagues  in 
Alameda  county;  and,  in  his  own  name,  of  the  Canada  de  los  Vaqueros, 
Contra  Costa  county,  both  now  forming  a  portion  of  what  is  generally 
known  as  the  Livermore  Valley.  Mr.  Livermore  married  into  the  Higuera 
family,  amassed  an  ample  fortune,  and  died  in  the  year  1857.  Next  in  point 
of  seniority  we  have  the  intelligent  and  refined  Antonio  M.  Sufiol,  a  native 
of  Barcelona,  Spain,  who,  arriving  at  Monterey  in  1818,  afterwards  found 
his  way  to  the  pueblo.  This  accomplished  gentleman  died  in  San  Jose'  March 
18,  18G5,  at  the  age  of  sixty-nine,  leaving  a  vast  estate  to  be  divided 
among  his  heirs.  We  find  in  the  year  1828  there  was  a  resident  named 
William  Willis  in  San  Jose',  for  it  is  on  record  that  the  Britisher  had  had 
some  difficulty  with  the  Mexican  authorities  in  regard  to  a  certain  tract  of 
land  called  the  Laguna  de  los  Bolbones,  but  what  became  of  this  individual 
we  do  not  know. 

We  should  here  observe  that  in  the  year  1821  Mexico  passed  from  under 
the  Spanish  crown,  and  in  1822  was  constituted  an  Empire  under  Iturbide, 
who  was  forced  to  abdicate  in  the  year  following;  in  1824  the  Republic  of 
Mexico  formed  a  federal  constitution,  wherein  the  establishment  of  different 
courts  was  authorized,  and  on  August  18th  the  Mexican  Congress  passed  a 
decree  for  the  colonization  of  the  territories,  which  was  newly  defined  and 
regulated  November  21,  1828,  and  though  these  changes  were  of  much 
political  significance,  they  were  not  of  sufficient  moment  to  affect  the  resi- 
dents of  this  locality. 

In  the  year  1831  the  population  of  the  pueblo  numbered  five  hundred  souls, 
while  the  crops  amounted  to  six  hundred  and  fifty-seven  fanegas  of  wheat ;  one 
thousand  five  hundred  and  sixty  fanegas  of  corn ;  one  hundred  and  ninety- 
one  fanegas  of  beans,  and  the  stock,  the  property  of  the  inhabitants,  totaled 
six  thousand  nine  hundred  and  sixty-three  head. 

Jn  the  year  1833  there  came  to  the  Pueblo  de  San  Jose',  Harry  Bee,  a 
native  of  London,  England.  He  left  ,the  shores  of  Old  Albion  January  7, 
1830,  in  company  with  Doctor  Douglas,  a  botanist,  and  arrived  at  Mont- 
erey in  the  following  October.  Here  he  remained  until  the  Fall  of  1833, 
when  he  drove  the  family  of  William  Watts,  who  had  married  a  Spanish 
lady,  to  this  town,  and  first  resided  in  the  house  of  Juan  Alvirez,  which 
stood  on  the  site  now  occupied  by  the  handsome  building  of  the  Farmers' 
Union,  at  the  corner  of  Santa  Clara  and  San  Pedro  streets. 

Harry  Bee  is  still  a  resident  of  this  city,  and  from  him  we  have  derived 
the  following  information:  Of  the  foreigners  who  were  residents  of  the 
pueblo  when  he  arrived,  there  were  Captain  John  Burton,  an  American 
merchant,  who  had  a  store  that  stood  somewhere  near  the  south-west  corner 
of  the  Plaza.     He  arrived  about  1830,  in  the  following  year  he  married  a 


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SAN    JOSI^    TOWNSHIP.  329 

lady  named  Raniona,  and  on  her  death  espoused  Senorita  Jiiana  (Jalindo: 
Nicholas  Dodera,  an  Italian,  at  this  time  had  a  store  where  thu  Mariposa 
store  of  the  Auzerais  Brothers  on  Market  street  now  stands,  while  he  also 
farmed  and  raised  cattle  on  the  Rancho  Pala,  on  the  hills  east  of  the  cit3^ 
Dodera  married  the  Senorita  Chapi  Higuera,  who  is  still  a  resident  of  Santa 
Cruz:  John  Price,  an  American,  had  a  store  that  stood  next  door  to 
Dodera's,  where  he  sold  liquors  and  groceries.  This  man  was  killed  in  the 
year  1S3G  when  on  his  way  to  the  Mission  San  Jose'  to  join  a  company  then 
being  formed  for  service  in  the  rebellion.  He  carried  his  rifle  slung  over  his 
back,  and  being  thrown  from  his  horse  broke  his  neck:  William  Smith, 
(lUas  Bill  the  Sawyer,  though  working  at  his  trade  in  the  Pulgas  redM^oods, 
had  a  residence  here.  He  married  the  Senorita  ( Uiapi  Saiz,  and  afterwards 
removed  to  the  north  of  the  bay:  George  Fergusson,  now  a  resident  of 
Mayfield,  a  cooper  by  trade,  came  to  this  country  in  the  whaling  bark 
"  Fanny,"  in  company  with  James  Weekes,  and  after  drifting  about  for 
sometime  came  to  San  Jose  with  his  comrade  and  erected  the  first  flour-mill 
in  the  Santa  Clara  valle}^;  to  this  he  added  a  bakery  and  dwelling- 
house,  and  after  conducting  it  some  time,  disposed  of  it  to  Don  Antonio 
Sufiol.  A  portion  of  the  original  residence  still  stands  on  the  east  side  of  the 
Plaza,  north  of  San  Antonio  street.  Thomas  Pepper,  alias  Pimiento,  was 
then  also  a  re.'iident,  as  was  also  an  Irishman  named  William  Welch,  who 
built  an  adobe  house,  which  not  long  ago  was  standing  on  the  ground  now 
occupied  by  the  Pioneer  Foundry.  Another  resident  was  "  Blind  Tom,"  an 
English  sailor.  He  was  for  some  time  a  soldier  at  the  presidio  in  San  Fran- 
cisco, where  he  lost  his  eyesight  from  the  discharge  of  a  cannon,  when  he 
was  brought  to  the  pueblo  and  taken  care  of  until  his  death.  It  is  said  of 
him  that  though  blind  he  was  an  excellent  workman  with  the  needle. 
Charles  Brown,  of  San  Francisco,  dwelt  here  at  this  time,  as  did  also  an  old 
Irish  dragoon,  who  had  deserted  from  the  British  service,  but  whose  name 
cannot  now  be  recalled.  William  Gulnac  also  came  here  in  this  year  with 
the  Hijas  expedition,  a  band  of  colonists  from  Mexico.  He  was  a  native  of 
Hudson  City,  New  York,  and  settled  in  Lower  California  in  181!).  He 
served  as  mayordomo  at  the  Mi.s,sion  San  3os6  for  a  long  time,  ultimately 
dying  in  the  valley  July  12,  1851,  leaving  several  children. 

The  town  at  this  date  was  built  in  the  form  of  a  parallelogram,  its  front 
resting  nearly  on  the  present  line  of  San  Pedro  street ;  its  back  about 
the  course  of  First  street;  to  the  north  it  extended  as  far  as  the  lot  on  which 
the  Court  House  now  stands,  and  to  the  south  as  far  as  the  Eagle  Brewery. 
And  thus  did  it  remain  for  a  full  decade. 


330  HISTORY   OF   SANTA    CLARA    COUNTY,    CALIFORNIA. 

Perhaps  the  first  regular  emigrant  trains  to  leave  the  western  side  of  the 
Rocky  Mountains  were  those  which  set  out  on  their  arduous  journey  in  the 
year  1841 — just  forty  years  ago.  Among  those  who  were  intimately  con- 
nected with  this  city  and  arrived  in  this  year  were  Josiah  Belden,  Charles 
M.  Weber,  of  Stockton,  and  Grove  C.  Cook.  Each  of  these  pioneers  have 
risen  to  distinction.  Mr.  Belden  was  one  of  the  Cit}^  Fathers  before  San 
Jose  had  received  the  dignity  of  incorporation  ;  he  was  the  first  Mayor  of  the 
city  after  it  received  its  charter ;  while,  after  a  long  experience  in 
evei-y  phase  of  life,  he  is  now  a  millionaire,  surrounded  with  every  luxury 
and  comfort  that  money  can  bring.  Of  Captain  Weber  we  have  already 
spoken  in  our  history  of  the  military  operations  consequent  on  the  misunder- 
standings between  the  Governments  of  Mexico  and  the  United  States.  He 
remained  in  business  in  San  Jose  until  1849,  when,  having  already  acquired 
large  interests  in  the  San  Joaquin  valley,  he  disposed  of  his  property  in  this 
city  in  the  following  remarkable  manner:  he  deeded  his  store  and  San  Jose 
property  to  Frank  Lightston  on  his  wedding  day  as  a  mark  of  his  appreci- 
ation of  long  years  of  faithful  service,  and  his  affection  for  the  young  bride 
whom  he  had  known  from  childhood.  Grove  C.  Cook,  though  without 
education  was  possessed  of  more  than  the  usual  amount  of  mother  wit ;  his 
good  nature,  however,  was  his  ruin,  for  after  amassing  wealth  he  died  poor 
in  Santa  Clara  in  the  year  1852. 

In  an  old  account  filed  in  the  Citv  Hall  at  this  date  we  find  the  following 
information,  which  will  give  the  reader  an  idea  of  the  price  of  common 
articles  of  that  time,  and  in  what  manner  these  were  paid  for:  One  Dutch 
oven,  five  dollars ;  two  butcher  knives,  two  dollars  ;  one  ax,  three  dollars ; 
four  pair  hinges,  three  dollars ;  two  and  one-half  pounds  broken  sugar, 
twelve  dollars;  one  piece  ticking,  twenty  dollars ;  ten  varas  prints,  seven  dol- 
lars ;  two  hundred  and  fifty  needles,  two  dollars ;  one  pound  of  nails,  eight 
dollars,  etc.,  etc.  These  articles  were  all  procured  fi'om  the  trading  vessels 
which  visited  the  ports  of  Yerba  Buena  and  Monterey.  The  credit  side  of 
the  statement  shows  such  articles  as  a  sea-otter  skin  at  fifty  dollars;  hides 
at  two  dollars  each;  wheat  at  two  dollars  per  fanega;  and  bags  of  tallow 
at  one  dollar  per  pound. 

In  the  following  years  few  additions  were  made  to  the  strength  of  the 
pueblo.  In  the  Spring  of  1844,  there  arrived  Thomas  Fallon,  Julius  Martin 
and  family;  Thomas  J.  Shadden  and  family;  Mr.  Bennett  and  family,  while 
later  in  the  year  the  names  of  Dr.  John  Townsend,  Moses  Shallenberger, 
the  Murphy s,  Sullivans,  and  others  were  made  familiar.  In  1845,  Frank 
Lightston  came  from  Oregon,  and  such  other  names  were  added  as  William 
F.  Swasey,  Judge  Blackburn,  W.  R.  Bassham,  John  Daubenbiss,  James 
Stokes  and  Jacob  R.  Snyder.  The  following  curious  account  will  also  show 
that  there  were  two  other  residents:  "Mr.  John  Brunall,  To  Thomas  Jones, 


SAN    J0SI5    TOWNSHIP,  331 

Dr.  '1845,  October  10th, — To  repairing  chimney  and  digging  well,  for  which 
I  was  to  receive  fifteen  hides,  and  one  bottle  of  li<|Uor. — To  interest  on  the 

same  at  twelve  per  cent,  per  annum,  i? .  Or., — By  seven  hides,  and  one 

bottle  of  liquor."  We  have  changed  the  orthography  of  this  document  to 
suit  the  times,  and  cannot  help  thinking  that  Mr.  Jones  may  have  been  right 
in  standing  out  for  his  more  easily  carried  liquor,  and  letting  the  more  cum- 
brous hides  go.  It  is  impossible  to  mention  hereafter  the  names  of  the  resi- 
dents of  the  pueblo  as  they  arrived,  for  the  simple  reason  that  we  have  been 
unable  to  gather  who  did  actually  make  what  we  now  call  the  city  their 
dwelling  place.  We  have  mentioned  some  of  the  names  in  our  chapter  on 
the  early  settlement  of  the  county ;  this  is  the  best  that  can  be  done. 

The  troublous  times  of  the  year  1846  have  been  alluded  to,  let  us  for  a 
moment  briefly  consider  the  manner  in  which  the  government  of  the  pueblo 
was  carried  on.  It  is  believed,  though  the  records  do  not  show  it,  that  prior 
to  the  year  1839  California  was  divided  into  districts  and  partidos,  each  of 
the  former  being  partitioned  into  three  of  the  latter.  San  Josd  was  the  Sec- 
ond District :  at  any  rate  the  territory  was  so  parceled  out  by  Governor 
Alvarado  February  26,  1845.  In  this  year  Antonio  Maria  Pico  was  First 
Alcalde  of  the  pueblo,  he  being  succeeded  in  1846  by  Dolores  Pacheco  as 
First  Alcalde  and  Pedro  Chabolla,  Second  Alcalde.  In  the  month  of  August 
1846,  shortl}'  after  the  American  occupation  of  the  Territory,  John  Burton, 
was  raised  to  the  dignity  of  Alcade,  and  James  Stokes,  to  the  office  of  Justice 
of  the  Peace.  His  duties  were  multifarious  as  well  as  onerous  and  being 
without  much  education,  it  is  wonderful  how  often  he  was  right  in  his  decis- 
ions. He  continued  in  office  for  the  greater  part  of  1847,  ami  to  him  were 
addressed  the  many  petitions  for  land  grants  which  followed  the  transfer  of 
the  Territory  to  the  United  States.  Among  these  applicants  the  records  of 
the  year  1846  disclose  the  names  of  Charles  White,  who  asked  for  a  tract  of 
land  bounded  as  follows:  Commencing  at  the  north-west  by  an  Indian 
named  Indigo  (Ynigo) ;  on  the  south-east  by  Allen  Montgomery;  on  the 
Avest  by  the  main  road  to  Yerba  Buena,  or  David  Davis,  Daniel  Murphy, 
and  John  Custard;  and  on  the  north-east  by  Martin  Jones  and  others; 
Alexander  V.  Brookie,  William  H.  Russell,  Thomas  Jones,  George  W. 
Fraser,  John  Martin  (who  applied  for  three  thousand  five  hundred  acres 
near  the  rancho  of  Widow  Manuela  Alviso,)  James  Rock,  (for  lands  in  Santa 
Clara  township.)  C.  P.  O.  Briggs,  (for  six  hundred  and  forty  acres  adjoining 
the  land  of  an  Indian  named  Roberts,)  J.  Stoddart  Byers,  Midshipman,  U. 
S.  N.,  E.  Montgomery,  Captain's  Clerk,  U.  S.  N.,  Alonzo  Williams,  Thomas 
G.  Bowen,  Samuel  P.  Griffin,  G.  C.  Cook,  Eugene  Russell. 

In  the  latter  part  of  1846  Burton  did  not  wish  to  trust  too  implicitly  to 
his  own  unaided  judgment,  therefore  he  issued  the  following  proclamation: 


332  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

Whereas,  it  is  deemed  essential  to  the  interests  of  this  pueblo,  that  a 
committee  of  twelve  men  be  chosen  from  the  inhabitants  of  the  pueblo  in 
respect  to  the  building  of  bridges,  regulating  Acequia,  and  providing  for  and 
regulating  the  prisoners,  who  may  from  time  to  time  be  held  for  misdemean- 
ors, therefore, 

Resolved,  That  twelve  men  be  elected  to  govern  the  pueblo  and  after  they 
shall  have  been  elected  all  their  actions  when  in  session  shall  be  legal,  when 
a  majority  shall  have  agreed  upon  it  and  sanctioned  by  the  Magistrate  or 
otherwise  when  two-thirds  of  the  number  shall  be  present,  and  all  in 
favor  of  any  matter  that  may  be  brought  before  them.  It  is  well  known 
to  you  all  that  the  country  is  in  a  distressed  situation  for  want  of  horses; 
many  of  the  farmers  have  been  unable  to  mark  or  brand  their  cattle  (during) 
the  last  year  which  on  one  account  requires  the  attention  of  the  committee; 
also  many  are  owing  debts  to  the  shipping  and  for  want  of  horses  and  other 
means  shall  not  be  able  to  pay  all  at  one  time,  consequently  ought  to  be 
laid  before  the  government  for  its  consideration. 

Resolved.  That  the  following  persons  shall  be  constituted  a  committee  for 
the  better  regulation  of  the  pueblo,  to  wit:  Don  Antonio  Suhol,  Jos^  Nori- 
ega, Feliz  Buelna,  Jose  Fernandez,  Dolores  Pacheco,  Salvador  Castro,  Will- 
iam Fisher,  Isaac  Branham,  Captain  Hanks,  Charles  White,  J.  W.  Weekes, 
G.  C.  Cook,  whose  names  were  put  before  the  assembly  and  unanimously 
adopted  and  empowered  to  manage  all  things  that  might  be  beneficial  to 
the  interests  of  the  pueblo  at  large. 

The  first  duty  of  these  newly-created  officers  was  the  framing  of  a  set  of 
Regulations  for  the  better  government  of  the  Pueblo  de  San  Jose  de  Guada- 
lupe.    The  Articles  are  handed  down  to  us  in  the  following  order: — 

I.  Be  it  ordained  by  this  Council  that  it  is  requisite  that  the  Pueblo  of 
St.  Joseph  be  laid  oflf  into  lots,  blocks,  squares  and  streets. 

II.  Be  it  ordained  that  the  main  streets  of  this  Pueblo  be  eighty  feet  wide, 
and  all  the  cross  streets  sixty  feet  wide. 

III.  Be  it  ordained  that  there  shall  be  two  squares  in  this  Pueblo,  first  the 
Market  square,  and  second,  the  Public  square. 

IV.  Be  it  ordained  that  the  blocks  shall  contain  one  hundred  yards  square, 
and  that  the  lots  shall  contain  each  fifty  yards  in  front  and  fifty  yards  in 
depth  unless  that  they  are  fractional. 

V.  Be  it  ordained  that  the  price  of  those  lots  shall  be,  each  lot  of  fifty 
yards  square,  twelve  dollars  and  fifty  cents. 

VI.  Be  it  ordained  that  one  person  may  obtain  four  lots,  or  one  block, 
and  no  more. 

VII.  Be  it  ordained  that  those  lots  purchased  by  each  individual  shall  be 
fenced,  or  a  house  erected  thereon,  on  or  before  the  expiration  of  twelve 


SAN    JOSl^   TOWNSHIP.  333 

months  fioin  the  date  ot"  {)urchase,  otlierwisL!  to  fall  l)ack  to  the  Pueblo  to 
the  loss  of  the  purchaser. 

VIII.  Be  it  further  ordained  that  no  house  or  edifice  shall  hereafter  be 
erected  with  a  cover  of  straw,  grass,  or  fiags,  and  all  houses  covered  with 
said  materials  shall  not  be  repaired  after  this  date  with  the  aforesaid  mate- 
rials. We  further  ordain  that  these  shall  be  the  laws  of  this  Pueblo  from 
this  date  until  otherwise  ordained.  This  code  which  bears  no  date  save  that 
of  1847  is  signed  by  .'William  Fisher,  Chairman,  James  W.  Weekes,  Charles 
White,  Antonio  Sufiol,  Julian  Hanks,  Salv'r  M.  Castro,  Isaac  Branham,  Jos^ 
Fernandez,  Jose'  Noriega. 

Among  the  other  cares  of  the  Alcalde  was  that  of  keeping  off  the  Indians 
from  the  pueblo,  as  the  accompanying  communication,  addressed  to  Captain 
J.  B.  Hull,  commamling  the  Northern  District  of  California,  dated  February 
4,  1847,  by  John  Burton,  shows:  "I  wish  to  inform  you  that  now,  as  the 
forces  are  about  to  be  removed  from  tliis  place  (presumably  Lieutenant 
Pinckney  and  his  men),  the  Indians  are  commencing  their  depredations  in 
the  vicinity  of  this  pueblo;  numbers  of  horses  have  already  been  taken 
away,  and  we  know  not  how  it  will  end,  as  they  are  all  fully  aware  that  the 
Spanish  population  are  all  disarmed.  I  know  of  no  way  to  save  us  from 
destruction,  but  by  establishing  a  company  of  mounted  men  to  keep  the 
Indians  in  subjection,  as  Your  Honor  is  already  aware  that  the  Californians 
have  no  means  of  defending  themselves  from  their  incursions.  I  should  have 
mentioned  that  Mr.  William  Fisher  is  now  trying  to  raise  a  company  to  go 
in  pursuit,  in  the  meantime  we  look  to  our  Government  for  protection." 
Captain  Hull,  in  due  course,  forw^arded.  the  letter  of  the  Alcalde  to  General 
Kearny,  who  communicated  the  dispatch  now  produced  to  Burton:  "Mon- 
terey, April  3, 1847. — I  am  desirous  of  raising  about  thirty-five  Californians, 
to  unite  them  with  as  many  of  my  troops,  to  send  among  the  Indians  to  stop 
any  further  depredations  by  them.  I  have  appointed  Felipe  Butron  a 
Lieutenant  to  raise  these  Californians,  and  I  intend  when  they  come  here  to 
let  them  elect  another  Lieutenant."  The  Alcalde  was  instructed  to  give 
every  assistance  to  Lieutenant  Butron  in  raising  the  number  of  men  required, 
who,  should  the  United  States  troops,  with  whom  they  were  banded,  be 
required  to  engage  against  any  other  enemy  than  the  frontier  Indians,  were 
to  have  their  discharge. 

The  population  had  now  become  considerable,  it  w^as,  therefore,  found 
necessary  to  lay  out  a  town  more  in  keeping  with  modern  requirements.  To 
this  end  the  accompanying  contract,  bearing  date  April  20, 1847,  was  entered 
into  between  William  Campbell  and  Alcalde  Burton:  "  This  Indenture  made 
and  entered  into  by  and  between  William  Campbell  of  the  one  part,  and  the 
Pueblo  of  San  Jose'  de  Gaudalupe  of  the  second  part:  WITNESSETH,  that  the 
said  party  of  the  first  part  doth  hereby  contract  and  agree  to  survey  accord- 


334  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

ing  to  the  plot  of  the  town  given  him — seventy  blocks  of  ground;  two 
hundred  yards  in  length  and  one  hundred  yards  in  breadth;  each  block  to 
have  good  and  substantial  redwood  stakes  drove,  deep,  and  each  block  num- 
bered regularly  on  said  stakes,  also  stakes  to  be  drove  at  the  corners  of  each 
lot,  and  to  draw  a  plot  of  said  town,  and  furnish  the  same  to  the  Juzgado 
when  finished,  for  which  he  is  to  receive  the  sum  of  one  dollar  and  fifty  cents 
for  his  pay,  for  said  work, for  each  block."  In  the  month  of  April  there  wasestab- 
lished,by  the  Assistant  Quartermaster  General,  J.  L.  Folsom,  weekly  mail  com- 
munication between  San  Francisco  and  Monterey,  by  way  of  San  Jose.  On  June 
29th,  certain  land,  situated  on  the  Gaudalupe,  formerly  the  property  of  Joseph  B. 
Childs,  was  granted  to  Thomas  J.  Farnham,  on  which  to  construct  a  mill; 
while  disputes  in  regard  to  property  had  already  commenced,  for  the  Alcalde, 
under  date  August  24th,  was  instructed  not  to  interfere  in  these,  but  where 
they  could  not  be  amicably  arranged,  by  arbitration  or  otherwise;  otherwise 
they  should  remain  until  the  establishment  of  proper  judicial  tribunals  under 
the  United  States  Law.  On  September  23d,  the  reign  of  old  John  Burton 
was  brought  to  an  end,  and  James  W.  Weekes  appointed  in  his  stead;  while 
on  November  29th,  an  election  was  held  for  a  Town  Council,  whose  President 
was  the  Alcalde,  with  the  following  result:  Josd  Noriega,  forty-six  votes;  J. 
F.  Reed,  thirty-seven  votes;  John  M.  Murphy,  thirty-three  votes;  Thomas 
Campbell,  thirty-one  votes;  Salvador  Castro,  twenty-eight  votes;  Dolores 
Pacheco,  twenty-six  votes.  The  manner  in  which  this  election  was  conducted 
did  not  meet  with  unqualified  approbation  at  head-quarters,  for  Governor 
Mason,  under  date  November  5,  1847,  writes  in  these  terms  to  Alcalde 
Weekes:  "The  object  and  intention  of  an  election  was  to  choose  six  persons 
to  aid  the  Alcalde  in  the  government  of  the  town,  and  the  town  only;  they 
were  to  make  such  laws  and  regulations,  etc.,  for  the  toivn,  as  might  be 
deemed  necessary  to  secure  a  good  police,  suppress  vice  and  afford  a  proper 
protection  to  persons  and  property  within  the  limits  of  the  town.  Conse- 
quently, no  person  was  eligible  to  be  elected  a  Town  Councilman,  unless  he 
was  an  actual  resident  of  the  town,  and  no  one  was  entitled  to  vote  for  a 
Town  Councilman,  unless  he  also  was  an  actual  resident  of  the  town.  The 
second  election  was  unauthorized,  as  there  could  be  but  one  election  under 
the  authority  given;  the  first  election  must,  therefore,  stand  good,  but  should 
there  be  one  or  more  persons  elected,  who  are  not  actual  and  bona  fide  resi- 
dents of  the  town,  they  cannot  serve  as  Town  Councilmen,  and  their  places 
must  be  supplied  by  holding  a  new  election.  The  Council,  when  complete, 
will  have  the  same  power  and  be  governed  by  the  same  rules  and  restrictions 
as  are  prescribed  for  the  Town  Council,  at  San  Francisco,  which  you  will 
find  in  my  letter  to  the  Alcalde,  dated  July  loth,  published  in  Californian 
and  Star  of  September  4th,  and  my  letter  to  the  Town  Council,  of  San 
Francisco,  of  October  1st,  and  published   in  the  Star  of  October  9th.     Inde- 


SAN   JOS^   TOWNSHIP.  335 

pendent  of  the  second  election  held  without  the  proper  warrant,  it  is  observed 
that  several  of  the  judges  of  the  election  are  returned  as  memljers  elect;  this 
is  altogether  unusual;  no  one  can  be  both  a  candidate  and  judge  of  the  elec- 
tion at  the  same  time." 

At  this  period  there  were  a  few  stores  in  the  pueblo;  one  was  kept  by 
Charles  M.  Weber,  with  Frank  Lightston  as  his  clerk,  in  the  adobe  building 
at  the  rear  of  the  residence  of  the  last-named  gentleman,  while  Don  Antonio 
Sufiol  and  Peter  Davidson,  in  like  establishments,  supplied  the  wants  of  the 
community,  which  was  still  small.  On  the  site  of  the  Music  Hall  building 
on  First  street  there  stood  a  livery  stable  kept  by  a  family  named  West, 
wliile  a  man  named  Zachariah  Jones  had  opened  a  hotel  in  the  old  adobe 
building  on  the  east  side  of  Market  square,  near  San  Antonio  street.  This 
public  house  he  called  the  "  Half  Moon."  On  the  site  of  the  present 
magnificent  building  of  the  Commercial  and  Savings  Bank  Captain 
Weber  had  a  corral  for  his  horses,  while  the  outlying  plains,  between 
First  street  and  the  Coyote  creek,  were  white  with  the  bleached  bones 
of  the  thousands  of  cattle  that  had  been  slaughtered  for  their  hides 
and  tallow.  The  number  of  foreign  residents,  though  still  small, 
had  materially  changed  the  appearance  of  the  town.  There  were  then 
living  in  the  pueblo,  John  Burton,  William  Fisher,  Julian  Hanks,  William 
Culnac,  Pedro  Sainsevain,  Thomas  Bowen,  James  W.  Weekes,  Harry  Bee, 
James  Stokes,  Charles  M.  Webei-,  Frank  Lightston,  John  M.  Murphy,  Peter 
Davidson,  Grove  C.  Cook,  Julius  Martin,  Charles  White,  and  probably  a 
dozen  others  whose  names  are  not  remembered.  The  only  English-speaking 
women  were  Mrs.  Julius  Martin  (now  living  with  her  husband  at  Gilroy), 
Mrs.  Grove  Cook,  and  Mrs.  Charles  White,  now  Mrs.  Charles  Allen,  and  still  a 
resident  of  San  Jose.  The  natives  had  progressed  to  some  degree  in  usefulness. 
They  managed  to  make  shoes  for  themselves  from  home-tanned  hides  which 
they  thus  prepared:  They  were  wont  to  take  a  large  ox-hide,  gather  up  its 
corners,  suspend  it  to  the  branch  of  a  tree,  or  beam  raised  on  posts,  fill  it  with 
water  and  oak-bark,  and  therein  place  the  skins  to  be  tanned,  from  which 
they  turned  out  a  by  no  means  despicable-looking  article. 

As  an  instance  of  the  peculiarly  lax  manner  in  which  the  Alcaldes  carried 
on  their  legal  duties  in  the  year  1847,  we  reproduce  the  following  vague 
summons  to  a  defendant  in  a  suit: — 

"  George  W.  Bellamy  \       To  the  Constable  of  the  Pueblo  de  San  Jose  de 

vs.  '-Guadalupe,  Greeting. 

Vicoriano,  an  Indian.  ) 

"  You  are  commanded  to  summons  the  defendant  in  this  to  appear  imme- 
diatel}^  to  answer  to  complaint  of  George  W.  Belamy,  and  fail  not,  under 
penalty  of  law. 

"Juzgado  del  Pueblo  de  San  Jose'.     13  de  Sept.,  1847. 

"John  Burton,  Alcalde." 


336  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

The  document  bears  the  indorsement,  "Served  by  reading,  this  17  day 
of  Sept.,  1847,  by  James  W.  Weekes,  Constable.  Costs,  $1;"  while,  as  a  cri- 
terion of  the  manner  in  which  punishments  were  inflicted,  we  have  gleaned 
the  following  information  from  the  docket  of  the  Alcalde,  for  the  same 
year:  January  15th,  Lorenzo  Pinero,  for  not  attending  Court,  when  sum- 
moned, was  fined  five  dollars;  January  14th,  Guadalupe  Mesa  was  called  on 
to  pay  ten  dollars  for  selling  "a  beef  which  died;"  Januaiy  16th,  Ilasio 
Ruiz  was  mulcted  in  the  sum  of  five  dollars,  "  for  giving  false  testimony ;" 
January  19th,  Thomas  Jones  was  fined,  for  "  swearing  insultingly,"  five  dol- 
lars. On  the  same  date,  the  following  m3^sterious  entry  is  found:  "By 
order  of  Court,  John  Wooden  is  fined,  for  taking  that  projierty  without 
leave,  twenty  dollars;"  February  9th,  Jose  Noriega  was  imprisoned  for 
"  abuse  of  Court,  and  for  swearing  and  stamping  on  the  floor."  These  are 
merely  examples ;  the  ^Drincipal  causes  tried,  however,  would  appear  to  have 
been  for  "  selling,"  or  "  killing,"  cows  and  bullocks,  the  property  of  others. 
a  species  of  crime  which  was  then  considered  in  the  light  of  a  civil  rather 
than  a  criminal  offense. 

18Jf.8. — The  year  1848  is,  beyond  comparison,  the  most  remarkable  in  the 
history  of  California.  We  have  not,  at  this  place,  space  to  give  to  the  dis- 
covery of  gold  more  than  a  passing  notice.  It  is  our  intention,  year  by 
year,  to  follow,  in  order,  first,  the  occurrences  as  they  may  be  found  in  the' 
ofticial  records,  and,  secondly,  the  general  history  as  it  hath  been  culled 
from  newspapers  and  other  sources.  The  first  public  record  of  the  year  was 
the  appointment,  on  the  9th  Februaiy.  of  Charles  White,  as  First  Alcalde 
by  Governor  Mason,  while  as  a  means  of  showing  who  were  at  that  time 
among  the  residents,  the  following  jury  was  impaneled  on  the  first  day  of 
the  same  month,  in  the  case.  The  Territoiy  versus  B.  K.  Thompson  :  William 
Caiiipbell,  Thomas  Campbell,  John  Hopper,  Wesley  Hoover,  Benjamin 
Williams,  James  Rock,  Joseph  Black,  Edward  Pyle,  Peter  Hagerty,  Benja- 
min Washburn,  George  Eldridge,  J.  M.  Jones,  David  Williamson,  R.  F. 
Peckham,  William  Gulnac,  D.  Dickey,  John  Cross,  William  York.  At  this 
period  there  were  also  resident,  Elihu  Anthony,  Hiram  Miller,  Robert  B. 
Neligh.  In  the  month  of  March,  information  would  appear  to  have  been 
received  by  the  Alcalde  that  an  attack  on  the  prison  at  Monterey  was  con- 
templated by  some  lawless  characters.  This  report  Mr.  White  communi- 
cated to  Colonel  Mason,  who,  under  date  the  9th  March,  replied  in  these 
terms :  "  I  thank  you  for  the  information  contained  in  your  letter  of  the 
4tli ;  though  I  do  not  apprehend  the  least  danger  of  an  attack  on  the  prison 
of  Monterey.  Such  an  attempt  would  aftbrd  me  an  excellent  opportunity 
of  making  an  example  on  the  spot  of  some  of  the  lawless  characters  Muth 
which  this  country  is  infested,  and  I  shall  always  have  ready  a  halter  for  the 
neck  of  any  one  who  shall  attempt  in  any  way  to  subvert  or  overthrow  the 
authority  established  in  California  by  the  United  States." 


Si;'- 


TH^L  NEW  YORK 

rniv.iCLIBI^ARY 


A',  r 


AND 
<'l.  -IS. 


SAN    JOSE    TOWNSHIP.  337 

In  January,  1848,  James  D.  Hutton,  on  complaint  of  the  then  Alcalde, 
James  W.  Weekes,  was  suspended  from  his  duties  as  Surveyor  of  the  South- 
ern Department  of  California,  the  reason  for  such  action  being  traceable  in 
the  accompanying  letter  to  Charles  White,  from  Governor  Mason : 

"  Head-(^uarters  10th  Military  Department,  Monterey,  California, 
Maich  10,  1848 — Sir:  An  Alcalde  has  no  right  to  sell,  or  in  any  other  way  to 
dispose  of  pueblo  lands,  and,  without  touching  the  legality  of  the  late  proceed- 
ings which  resulted  in  the  division  of  the  lands  of  j'^our  pueblo,  in  which  division 
some  of  them  were  set  apart  for  the  benefit  of  public  schools ;  I  say,  neither 
has  he  any  power  or  authority  to  give,  grant,  or  sell,  any  of  the  lands  so  set 
apart.  Any  such  gift,  grant,  or  sale,  is  utterly  null  and  void,  and  of  no 
sort  of  force  or  effect.  I  remark  that  you  say  in  rela.tion  to  the  sale  of 
some  of  the  pueblo  lands,  alluded  to  above,  being  entered  on  the  records  after 
transactions  of  a  subsequent  date  to  that  which  purports  to  be  the  sale; 
this  evidently  shows  there  has  been  something  wrong,  but,  in  this  case,  it  is 
a  matter  of  no  moment,  because  any  sale  of  those  lands  made  by  your  pred- 
ecessor in  ofhce,  even  if  not  antedated  and  recorded  at  the  proper  time,  is 
utterly  void,  and  of  no  sort  of  force  or  efTect." 

It  is  now  our  intention  to  produce  two  documents  illustrating  the  atti- 
tude then  existing  between  master  and  servant,  the  first  of  which,  if  not 
coming  within  the  actual  line  of  slavery,  is  tinged  with  that  taint: — 

"JuzGADO  DEL  PuEBLO  DE  San  Josfi  DE  GuADALUPE:  These  presents 
witness  that  Charles  White,  First  Alcalde  of  the  Pueblo  de  San  Jose'  de 
Guadalupe,  have  this  day  bound  in  apprenticeship  an  Indian  boy,  named 
Bisenti,  said  boy  being  an  orphan,  for  the  term  of  three  years  from  this  date, 
to  Gabriel  Castro,  said  Gabriel  Castro  being  obligated  to  feed  properly,  and 
clothe,  said  Indian  boy,  and  at  the  end  of  said  term  of  three  years  the  said 
Gabriel  Castro  shall  give  to  said  Indian  boy  a  horse  and  saddle,  worth 
thirty  dollars,  besides  which  the  said  Gabriel  Castro  shall  instruct  said 
Indian  boy  in  the  Christian  religion,  and  in  all  kinds  of  work." 

The  other  speaks  for  itself. 

"This  indenture  made  and  entered  into  on  the  tenth  da}^  of  March,  1848 
by  and  between  John  Pyle,  of  the  Pueblo  de  San  Jose  de  Guadalupe,  of  the 
first  part,  and  Juan  Bernal,  of  the  same  place,  of  the  second  part:  WITNESS- 
ETH, That  the  said  John  Pyle  agrees,  on  his  part,  to  take  charge  of  the  cattle 
of  said  Juan  Bernal,  on  his  Rancho  en  el  Arroyo  del  Valle  de  San  Jos^ :  and 
said  Pyle  further  agrees  to  superintend  and  take  care  of  them  for,  and  during 
the  period  of  three  years,  six  months  from  date  of  this  instrument,  from  the 
date  he  receives  the  full  complement,  as  hereafter  agreed  upon,  and  will 
deliver  to  said  Bernal,  at  the  end  of  the  above  period,  the  number  of 
22 


338  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

cattle  received,  with  one-half  the  increase,  excepting  those  that  may  die, 
or  be  missing  by  casualty,  or  otherwise.  He,  the  said  Pyle,  agrees  to  use 
every  diligence  in  protecting,  and  taking  care,  as  far  as  possible,  of  the 
cattle  under  his  charge.  The  said  John  Pyle  further  obligates  himself  to 
build  on  said  rancho,  for  said  Bernal,  an  adobe  house,  twenty  varas  long, 
and  eight  varas  wide,  and  to  put  an  under  and  upper  floor  of  plank  in  said 
house,  likewise,  to  put  in  the  necessary  doors  and  windows,  and  as  soon  as 
possible  to  build  a  corral  on  said  rancho,  for  the  use  of  said  cattle,  and  to  be 
at  one-half  of  the  expense  in  marking  and  branding  the  increase.  The 
aforesaid  house  has  to  be  covered  with  three-feet  boards,  and  have  corridors 
in  front.  The  aforesaid  Juan  Bernal,  of  the  second  part  agrees  and  obligates 
himself  to  deliver,  on  the  aforesaid  rancho,  and  in  the  corral,  at  least  one  thou- 
sand head  of  cattle  in  the  month  of  April,  or  May  of  this  year,  two-thirds  of 
said  cattle  to  be  of  the"  she  kind,  such  as  cows  and  heifers ;  he,  the  said  Ber- 
nal, also  agrees  to  give  one-half  of  this,  with  the  one-half  of  the  three  succeed- 
ing years'  increase  of  the  aforesaid  cattle,  as  also  one-half  of  all  the  increase  of 
any  kind  which  may  be  put  upon  said  ranch  or  farm,  in  charge  of  said  John 
Pyle,  for  the  aforesaid  term  of  three  years;  he,  the  said  Bernal,  further 
agrees  to  give  to  said  Pyle,  two  beeves  per  month,  for  his  use  on  said  rancho, 
reserving,  however,  the  hides ;  he,  the  said  Bernal,  further  agrees  to  furnish 
one-half  of  all  the  hor.ses  needed  to  take  care  of  the  cattle  at  the  rodeos. 
Each  pei'son,  Pyle  and  Bernal,  marks  with  his  own  brand,  and  marks  their 
respective  one-half  of  the  increase;  and  it  is  understood  that  the  house,  when 
built,  is  to  be  for  the  use  of  said  Pyle  during  the  aforesaid  term  of  three 
years  and  six  months."  Signed  by  "Juan  Bernal,"  and  "J.  F.  Pyle,"  and 
witnessed  bv  "  James  F.  Reed." 

Perhaps  we  should  apologize  to  the  reader  for  introducing  him  to  so  elab- 
orate a  rhopomontade,  but  the  above  contract  is  intended  to  exemplify,  once 
and  for  always,  the  intricate  verbiage  in  use  among  the  would-be  legal 
dignitaries  of  early  times. 

At  a  meeting  of  the  Councilmen,  held  November  27,  1848,  there  being 
present:  James  F.  Reed,  Thomas  Campbell,  F.  T.West,  James  Stokes,  and  Grove 
C.  Cook,  the  following  proceedings  were  had:  Charles  White,  First  Alcalde, 
being  present,  qualified  the  members  and  took  his^  seat  as  Chairman,  he  also 
acting  as  Clerk.  Mr.  Reed  proposed  that  Antonio  Maria  Pico  be  requested 
to  attend  and  give  evidence,  and  that  Salvio  Pacheco  be  called  on  to  bring 
such  papers  as  he  might  have  in  his  possession  referring  to  the  mill  of  Don 
Pedro  Sainsevain.  Passed.  Two  Constables  were  then  appointed,  in  the 
persons  of  WiUiam  O'Connor  and  William  S.  Wood,  at  the  respective  sala- 
ries of  one  hundred,  and  eighty  dollars,  per  month,  together  with  the  usual 
fees,  "  to  be  paid  in  placer  gold,  at  the  rate  of  sixteen  dollars  per  ounce,  troy." 
On  the  28th  Messrs.  Reed,  Campbell   and  Cook  were  appointed    to   inspect 


SAN   JOS£   TOWNSHIP,  *339 

the  prison  and  report  what  improvements  were  necessary;  and  a  like 
examination  was  ordered  for  the  Court  House,  the  entire  Council  being 
nominated  to  that  duty.  At  this  session  a  reward  of  two  Imndred  tlollars  was 
offered  to  "  any  person  or  persons  who  might  arrest  and  deliver  up  to  the  Court 
of  this  town  the  two  murderers,  Lynch  and  his  companion,  or  one  hundred 
dollars  for  each,"  to  which  an  additional  twenty-five  dollars  was  added  by 
Councilor  Stokes  [we  shall  speak  of  such  another  crime  below];  and  on 
December  1st  an  ordinance  was  passed  ordering  the  closing  of  all  business 
houses  upon  the  Sabbath,  and  imposing  penalties  for  the  violation  thereof. 

Towards  the  end  of  the  year  1848  crime  was  considerably  on  the  increase, 
such  being  enhanced  by  the  unprotected  state  of  roads  on  the  direct  line  of 
travel  to  the  mines,  the  wayfarers  on  which  being  wont  to  carry  consider- 
able quantities  of  gold-dust  on  or  about  their  persons.  In  the  month  of 
December  Thomas  Fallon,  long  a  well-known  and  prominent  citizen  of  San 
Josd,  was  on  his  way  from  the  mines,  having  in  his  possession  about  two 
thousand  five  hundred  dollars  in  dust  around  his  body  and  some  seven  ounces 
in  his  pocket.  He  had  also  seven  horses  and  a  servant,  but  no  arms  of  any 
value,  as  a  part  of  his  pistol  had  been  lost.  Near  the  Mission  of  San  Jose  he 
camped  one  night,  close  to  three  men  —  "Knights  of  the  road"  —  one  of 
whom  he  had  previously  known  in  Santa  Cruz.  Suspecting  their  character, 
he  concocted  the  story  that  he  had,  some  days  before,  sent  on  a  man  with 
money  to  buy  cattle,  but  that  he  had  since  heard  nothing  of  him.  He 
further  proposed  to  trade  for  their  best  horse  as  his  was  worn  out,  on  which 
they  agreed  to  give  six  ounces  for  the  one  he  was  riding.  The  ruse  was 
successful  and  he  escaped.  The  next  day  the  highwaymen  met  two  Ger- 
mans, who  had  with  them  about  eight  thousand  dollars  in  gold-dust ;  these 
they  shot,  instantl}'  killing  one,  but  the  other  escaped  to  San  Jose,  where  he 
gave  the  alarm.  Armed  men  instantly  went  in  pursuit  of  the  murderers, 
who  were  captured  and  brought  into  the  city  and  tried,  and  on  Saturday, 
December  16,  1848,  the  'following  verdict  was  rendered:  "The  jury,  after 
mature  deliberation,  bring  in  a  verdict  of  guilty;  (signed)  James  L.  Ord, 
Foreman."  Sentence  was  then  recorded  in  these  words :  "  That  they  shall 
— David  A.  Davis,  William  Campbell  and  Mathew  Freer — be  hung  by  the 
neck  until  they  are  ^dead,  on  Monday  next,  between  the  hours  of  ten  and 
two.  James  L.  Ord,  Foreman;  Thomas  Campbell,  James  F.  Reed,  Isaac 
Branham,  F.  T.  West,  J.  Belden,  James  Stokes,  R.  C.  Keys,  Samuel  C. 
Young,  Thomas  M.  West,  Julian  Hanks,  John  Cross."  "  The  above  sentence 
is  hereby  approved  and  ordered  to  be  carried  into  execution  accordingly. 
K.  H.  Dimmick,  Alcalde."  On  December  18th  and  19th,  Woollard,  Cotton 
and  Lee,  three  of  their  accomplices,  were  tried,  convicted  and  sentenced,  as 
follows:  "  We,  the  jury,  in  the  case  of  Woollard  and  Lee,  doth  define,  for 
Woollard,  as  punishment,  on  first  charge,  thirty-five  lashes  on  the  bare  back; 


340  HISTORY    OF    SANTA    CLARA   COUNTY,    CALIFORNIA. 

Lee,  eighteen  lashes  on  the  bare  back.  On  second  charge,  Woollard  forty- 
lashes  on  the  bare  back ;  Lee  forty  lashes  on  the  bare  back ;  the  same  to 
be  inflicted  in  the  most  public  place  in  this  pueblo,  at  the  hour  of  four 
o'clock,  p.  M.,  and  each  one  month's  imprisonment  in  the  stocks.  Juzgado 
del  Pueblo,  this  19th  day  of  December,  1848.  James  W.  Weekes,  Samuel  P, 
Goodrich,  Wesley  Hoover  Arthur  G.  Caldwell,  William  Daniels,  T.  M. 
Ramsden."  "Verdict:  The  jury,  in  the  case  of  John  W.  Cotton,  find  him 
guilty  of  soTYie  of  the  charges  preferred  against  him.  James  L.  Ord,  Fore- 
man. Sentence:  1st.  That  the  Judge  reprimand,  publicly,  the  said  John 
W.  Cotton:  2d.  That  he  receive  fifty  lashes,  well  laid  on  his  bare  back  with 
a  raw-hide;  and  3d.  That  he  be  placed  in  irons  for  one  month,  and  be  fed  on 
bread  and  water  for  the  same  period.  In  consideration  of  the  prisoner's 
previous  good  character,  his  full  confession,  and  other  palliating  circum- 
stances, the  above  mild'sentence  is  j-ecommended  by  the  jury.  (Signed)  J. 
L.  Ord,  Foreman;  R.  C.  Keys,  Benjamin  Cory,  Thomas  Campbell,  John 
Cross,  S.  C.  Young,  J.  Belden,  Isaac  Branharn,  James  Mathers,  Julian 
Hanks,  Thos.  M.  West,  James  Stokes.  Pueblo  de  San  Jose',  December  18, 
1848."  The  three  men,  Campbell,  Freer,  and  Davis,  were  duly  hanged  with 
no  loss  of  time,  as  the  accompanying  minute,  under  date  December  21st, 
will  show :  "  Orders  were  presented  by  Mr.  Cook  for  part  of  the  property 
of  Campbell,  Freer  and  Davis,  deceased,  to  be  delivered  to  Mr.  Wyman,  and 
on  Mr.  Stokes'  motion,  ordered  that  the  property  of  Campbell,  Freer,  and 
Davis  he  sold  to  defray  the  expenses  of  trial  and  execution,  etc."  Whereupon, 
on  motion  of  Mr.  Reed,  the  whole  matter  of  the  orders  of  Mr.  Wyman  and 
property  of  convicts  was  referred  to  a  committee,  consisting  of  Messrs. 
Reed,  Stokes,  and  Belden.  It  would  appear  that  application  for  the  pay- 
ment of  expenses  to  jurors  in  the  above  cases  had  been  made  to  the  Gov- 
ernor at  Monterey,  for  it  is  on  record  that,  under  date  January  23,  1849, 
Col.  Mason  informed  the  Alcalde,  K.  H.  Dimmick,  "With  respect  to  the 
payment  of  costs  of  the  jurors,  etc.,  it  is  not  within  the  scope  of  my  power 
or  authority  to  oi'der  the  disbursement  of  the  public  moneys  in  paying  the 
costs  of  trials  and  executions  not  strictly  legal.  I  know,  in  this  case,  that 
necessity  and  circumstances,  and  the  violent  outrages  of  late  so  frequently 
committed  upon  society,  compelled  the  good  citizens  of  the  pueblo  to  rise 
up,  and  promptly  make  an  example  of  those  robbers,  for  the  sake  of  their 
own  safety  and  that  of  society  in  general.  The  country  affording  no  means 
— jails  or  prison.s — by  which  the  persons  of  these  lawless  men  could  have 
been  secured  and  society  protected,  it  is  not  much  to  be  wondered,  that  the 
many  atrocities  so  recently  committed  upon  unoffending  citizens,  that  the 
strict  bound  of  legal  proceedings  j;hould  have  been  a  little  overstepped." 
Be  this  as  it  may,  the  summary  punishment  meted  out  to  these  ruffians  had 
for  many  a  long  day  a  most  wholesome  effect. 


SAN    JOSI^:    TOWNSHIP.  341 

We  can  do  no  more  here  but  take  passing  notice  of  the  discovery  of  gold 
on  January  19,  1848,  at  Colonia.  In  our  chapter  of  Early  History  it  will  be 
found  more  fully  treated.  By  the  month  of  March  the  news  had  reached 
to  the  town  of  San  Jose  and  the  valley  surrounding  it.  No  one  doubted  the 
report.  Tlie  Alcalde  left  his  records,  the  merchant  his  store,  the  carpenter 
his  unfinished  building,  the  fanner  his  half-grown  crops,  and  the  ranchero 
his  horses  and  cattle — all  flocked  to  the  new  Dorado.  For  two  months 
Judge  Peckham  and  Frank  Lightston  were  the  only  adult  male  persons  in 
San  Jos^.  Towards  the  end  of  June,  some  of  the  gold  seekers  returned  to 
look  after  their  families  and  business,  and  brought  the  most  astonishing 
stories  of  the  new  discoveries,  which  they  were  able  to  verify  by  the  gold 
brought  with  them.  They  had  found  it.  Some  of  those  that  had  gone  from 
San  Jose  had  got  four,  some  eight,  some  twelve,  and  some  as  high  as  twenty 
thousand  dollars.  Most  of  the  San  Jose  people  were  located  in  a  place  they 
had  named  Weber's  Creek,  about  ten  miles  from  Coloma  and  three  from  the 
present  town  of  Placerville.  Here  toiling  at  gold -hunting,  in  every  shape, 
were  Charles  White,  William  Daniels,  R.  F.  Peckham,  and  many  others. 
John  M.  Murphy,  with  Chaides  M,  Weber  and  Doctor  Isabel,  were  keeping  a 
store  and  amassing  wealth  rapidly.  The  Indians  had  learned  what  the  gold 
was  and  how  to  collect  it,  but  knew  nothing  of  its  real  value;  a  dollar's 
worth  of  gold,  with  them,  was  the  weight  of  a  silver  dollar,  and  the  store  of 
Weber  &  Co.  had  an  extensive  trade.  Many  of  our  residents  returned,  some 
with  ample  wealth,  to  settle,  others  to  return  to  the  excitement  to  make 
more;   alas,  how  few  there  are  of  these  who  have  held  on  to  their  winnings. 

Early  in  1849,  the  pueblo  lands  commenced  to  rankle  in  the  minds  of  the 
citizens,  as  the  accompanying  petition,  dated  January  3d,  will  explain:  "  We, 
the  undersigned  citizens  of  this  pueblo,  do  hereby  memorialize  Your  Honor- 
able Body  in  regard  to  the  tracts  of  land  designated  the  Five-hundred-acre 
lots.  It  doth  appear  that,  in  the  Summer  of  1847,  the  people  of  this  pueblo 
employed  an  individual,  by  the  name  of  James  D.  Hutton,  to  survey  and 
divide  a  portion  of  the  pueblo  lands  into  tracts  of  five-hundred-acres  each 
Mr.  Hutton  set  about  his  work,  and  in  due  time  presented  a  plausible  plot  of 
his  survey,  to  the  existing  Alcalde  and  Town  Council,  which  was  accepted ; 
since  which  time,  the  Alcalde,  acting  in  accordance  with  the  power  in  him. 
vested,  has  deeded  away  all  those  lots  to  the  bona  fide  citizens  of  the  pueblo. 
Those  deeds  do  not  refer  to  any  marks  upon  the  field  by  which  the  lots  may 
be  found  and  secured,  but  refer  entirely  to  the  plot  as  executed  by  Mr. 
Hutton.  Furthermore,  it  doth  appear  that  Mr.  Hutton,  by  fraud  or  other- 
wise, has  placed  stakes  in  the  field  which  have  no  accordance  with  the  divi- 
sions on  the  map;  and  has,  likewise,  drawn  lots  upon  the  paper  which  have 
no  existence  upon  the  ground.  The  lots  are  also  of  various  dimensions,  some 
of  which  reach  the  dimensions  of  five  hundred  acres. 


342  HISTORY    OF    SANTA   CLARA    COUNTY,   CALIFORNIA. 

"  The  above  particulars  are  well  known  to  be  facts,  and  it  must  be  obvious 
to  the  gentlemen  of  the  Council,  that  the  deeds  above  referred  to  will  hold 
good  in  any  Court  of  Justice,  for  land  of  the  same  configuration  and  pro- 
portionate dimensions  as  are  exhibited  upon  the  plot  of  Hutton,  and  not  as 
designated  by  his  stakes  upon  the  field.  Therefore,  in  our  humble  opinion, 
it  is  all-important  that  the  Alcalde  and  Town  Council  take  this  matter  into 
immediate  consideration,  the  better  to  prevent  disputes  hereafter.  And  we  do 
earnestly  pray  that  a  good,  practical,  surveyor  be  at  once  employed,  to 
make  a  new  survey,  taking  the  map  of  James  D.  Hutton,  as  his  guide. 

"  And,  inasmuch  as  the  original  design  of  the  authorities  of  the  pueblo 
was  not  properly  carried  out  by  the  survey  of  Hutton,  we  think  it  equitable 
and  right  that  a  portion  of  the  expenses,  attending  a  resurvey,  should  be 
defrayed  from  the  Public  Treasury.  If  this  be  approved  of  by  the  Honor- 
able Alcalde  and  Council,  we  are  confident  that  a  fair  proportion  of  the 
expenses  will  also  be  paid  by  individuals  interested.  Respectfully  submitted. 
Signed  by  Heniy  Bee,  Ben  Cory,  John  Ross,  Jno.  H.  Rule,  Charles  White, 
R.  B.  Neligh,  Julian  Hanks,  Wm.  Fisher,  G.  F.  Wyman,  James  W.  Weekes, 
Peter  Davidson,  Fernando  Alden,  Flavius  B.  Clement,  Bernard  Murphy,  Wm. 
Gulnack."  The  petition  was  placed  on  record,  and  in  the  meantime  another 
presented,  requesting  that  that  portion  of  land  lying  between  the  town  and 
the  Guadalupe,  should  be  added  to  the  town,  which  was  ordered  to  be  carried 
into  execution  at  as  early  a  date  as  practicable. 

In  the  first  month  of  the  year  the  number  of  paupers  had  increased,  .so 
much  so  that  it  became  necessary  to  place  them  under  the  supervision  of  two 
overseers,  Charles  White  and  Grove  C.  Cook  being  appointed,  January  3d,  to 
the  position.  On  the  22d,  Antonio  Maria  Pico  was  elected  Second  Alcalde; 
while,  at  an  election,  held  in  the  month  of  June,  the  following  district  and 
city  ofiicers  were  chosen:  Prefect,  Antonio  Maria  Pico,  one  hundred  and 
twenty-seven  votes;  Sub-Prefect,  N.  B.  Smith,  one  hundred  and  thirty -eight 
votes;  First  Alcalde,  R.  M.  May,  two  hundred  and  seventeen  votes;  Second 
Alcalde,  Jose  Fernandez,  one  hundred  and  twenty-three  votes ;  Town  Council, 
Joseph  Aram,  one  hundred  and  fifty-eight  votes ;  J.  C.  Cobb,  one  hundred 
and  fifty-three  votes;  Dolores  Pacheco,  one  hundred  and  eighteen  votes; 
Antonio  Ynojoso,  eighty  votes;  Josd  Noriega,  seventy-six  votes;  Thomas 
Campbell,  eighty-seven  votes.  On  September  24th,  a  Syndicate  for  the  gov- 
ei'nment  of  the  pueblo  was  appointed,  consisting  of:  Sindico,  Jose'  de  Arnaz; 
Juez  de  Campo,  Francisco  Palomares,  Antonio  ChaboUa;  Sheriff,  R.  C.  Keyes 
with  a  salary  of  one  hundred  and  fifty  dollars  a  month ;  Town  Police,  Mr. 
Gordon,  J.  F.  Reed,  W.  R.  Basshara,  Peter  Davidson,  Wesley  Hoover,  Grove 
C.  Cook,  Justo  Larios,  Jose  Mesa,  Mariano  Castro  II.,  Juan  Gonzales,  Pedro 
Mesa,  Felipe  Patron  (Mr.  Reed  was  appointed  Chief  of  Police,  with  power  to 
call  upon  any  citizen  to  aid  him  in  case  of  necessity,  November  19  th);  Town 


SAN  JOS^:  TOWNSHIP.  343 

Treasurer,  Isaac  Branham;  Council,  Felix  Buelna,  Sub-Prefect,  J.  B.  Cobb, 
Isaac  Brauliani,  Dolores  Pacheco,  Antonio  Ynojoso,  Thomas  Campbell,  and 
Josd  Fernandez,  Second  Alcalde. 

We  have  in  our  cliapter  on  the  Le^uslative  History  of  the  county  entered 
at  length  into  the  transactions  which  made  San  Jose'  the  first  Capital  of 
California,  it  will  be  only  necessary  here  to  notice  these  as  they  occur  in  the 
records  of  the  city.  On  September  4,  1849,  a  meeting  of  the  citizens  of  San 
Josd  was  convened  to  consider  the  pro{)riety  of  offering  a  square  of  land  sit- 
uated in  the  town  to  the  members  of  the  Convention  then  assembled  at 
Monterey,  on  which  to  erect  a  State  House,  etc.,  and  on  the  8th  the  action 
was  oliicialized  by  the  Tow^n  Council  by  the  annexed  resolution: — 

"Whereas,  By  request  of  the  citizens  of  this  pueblo,  together  with  reso- 
lutions instructino-  the  Town  Council  and  Alcalde  to  offer  to  the  Conven- 
tion  now  assembled  in  Monterey  the  Washington  square  in  case  said  Con- 
vention should  see  fit  to  establish  thereon  the  Capitol  of  the  State  of  Cali- 
fornia; therefore  be  it, 

"  Resolved,  That  we,  the  Town  Council  of  this  pueblo  offer  for  the  acceptance 
of  the  Convention  now  sitting  at  Monterey  the  square  know  in  this  town  as 
Washington  square  which  contains  twenty-one  acres  more  or  less  of  land 
for  the  sole  purpose  of  erecting  State  buildings  thereon  and  to  be  used  by 
the  State  Government  for  all  such  public  purposes  as  they  may  deem  neces- 
sary for  the  Capitol  of  the  State,  it  being  understood  that  whenever  the 
Capitol  shall  be  removed  from  this  square,  it  shall  again  revert  to  the  peo- 
ple of  the  pueblo."  It  was  afterwards  wished  to  repeal  the  last  paragraph 
of  the  resolution,  but  on  being  put  to  the  meeting  only  the  Chairman,  Judge 
May,  voted  in  the  affirmative,  those  in  the  negative  being  Councilors  Bran- 
ham,  Davidson  and  White.  A  site  for  a  market  place  was  adopted  by  the 
Council,  October  27th,  while  the  records  show  that  on  the  15th  December 
the  City  Treasurer  was  Don  Jose'  Arnaz. 

To  the  general  history  of  the  town  not  much  can  be  added.  The  mines 
still  engrossed  the  minds  of  all,  though  the  rush  to  them  had  considerably 
abated.  The  necessities  of  the  people  increased  as  the  population  became 
larger;  digging  for  the  precious  metal  commenced  to  give  way  before  the 
cultivation  of  the  soil,  yet,  still,  necessaries  were  hard  to  get  and  commanded 
exorbitant  prices ;  flour  went  up  to  fifty  dollars  per  barrel,  nearly  all  of  which 
was  imported  from  Chile;  a  pair  of  ordinary  boots  were  worth  sixteen  dollars, 
and  others  of  extra  quality  commanded  as  much  as  two  ounces,  thirty-two 
dollars ;  other  articles  were  in  like  proportion  dear,  the  influx  of  people  was 
greater  than  the  exodus,  and  the  town  wore  the  aspect  of  a  half-military  and 
half-civil  settlement.  Gambling  became  the  order  of  the  day  and  night, 
bowie-knives  and  pistols  bristled  in  each  man's  belt,  loud-voiced  oaths  were 
heard  on  every  side,  and  recklessness  reigned  supreme. 


344  HISTORY    OF   SANTA    CLARA    COUNTY,    CALIFORNIA. 

On  Saturday,  December  15,  1849,  the  first  Legislature  of  the  State  met 
in  San  Jose.  The  upper  floor  of  the  State  House  was  occupied  by  the 
Assembly  and  comprised  but  one  room  which  was  reached  by  means  of  a 
stairway ;  the  lower  story  was  partitioned  off  into  four  apartments,  the  larg- 
est one,  forty  by  twenty  feet,  being  appropriated  to  the  Senate ;  the  remain" 
ing  three  were  used  by  committees  and  the  Secretary.  The  building  was 
sixty  feet  long,  forty  wide,  and  was  protected  by  a  veranda  all  round.  It 
stood  on  the  east  side  of  Market  square,  on  the  south  half  of  lot  No.  six, 
block  one,  range  one,  south  of  the  base  line,  and  was  destroyed  by  fire  on 
Friday,  April  29,  1858. 

At  this  period  the  Garden  City  boasted  of  only  two  hostelries ;  one  stood 
where  now  is  built  the  handsome  pile  of  buildings  on  First,  between  Santa 
Clara  and  St.  John  streets,  know  as  Martin's  Block.  It  was  a  frame  build- 
ing one  and  a  half  stoi'ies  high  and  went  by  the  name  of  the  City  Hotel. 
Here  the  guest  for  the  comparatively  trifling  sum  of  five  dollars  was  well 
fed,  vegetables  being  the  only  scarce  commodity;  but  as  much  cannot  be  said 
for  the  sleeping  accommodation,  the  beds  being  for  the  most  part  tenanted 
by  odious,  odorous  and  irritating  animalculre.  Happily  per-haps  there  were 
insufficient  bed-chamber  equipments  for  all  the  guests,  the  greater  portion  of 
them  beinof  oblicred  to  content  themselves  with  tables,  chairs  and  floor,  and 
at  no  reduction  in  price. 

Two  dollars  was  the  price  of  a  dinner,  and  the  same  amount  was  charged 
for  a  good  bed  for  a  night's  lodging ;  while  a  cot  or  bunk  might  be  obtained 
for  half  that  sum.  Eggs  were  worth  fifty  cents  each,  vegetables  of  all  kinds^ 
except  potatoes,  were  scarce  and  dear,  and  a  very  meagre  lot  of  onions  could 
be  had  at  half  a  dollar  apiece.  The  bill  of  fare  was  balanced  between  beef 
and  mutton,  or  both,  though  occasionally  game  was  had,  or  a  chicken  cooked 
that  had,  from  appearances,  walked  to  his  death. 

Late  in  1849  the  Mansion  House  was  commenced  on  the  site  of  the  Music 
Hall  on  First  street  and  was  ready  for  occupation  in  February,  1850.  The 
chief  material  used  in  its  walls  was  adobe,  and  it  cost  Joseph  S.  Ruckle  the 
immen.se  sum  of  one  hundred  thousand  dollars.  It  was  two  stories  in  height, 
with  a  piazza  in  front  and  a  wing  in  the  rear  used  as  the  dining-room,  in 
which  a  good  table  was  "  set "  considering  the  difficulties  attending  catering 
in  those  days.  The  most  noted  arrangement  in  the  building,  however,  was 
an  immense  fire-place,  its  size  causing  it  to  be  a  topic  of  conversation  among 
travelers.  Could  these  gigantic  andirons  talk  what  a  tale  they  might  relate ! 
The  ponderous  log  now  resting  on  them,  is  ci-ackling  in  unison  with  many  a 
joyous  joke  and  ribald  song;  behind  lies  a  dark  speck  harmonizing  with  the 
dreary  thoughts  of  yon  broken-down  man.  As  he  gazes  into  the  dancing 
flame  his  life  passes  in  review  before  his  eyes;  first  the  mother's  joy,  then 
her  hope,  and  afterwards  her  main-stay.     Suddenly  he  is  led  captive  by  the 


SAN    JOSl^    TOWNSHIP.  345 

seductive  cry  that  comes  from  the  Pacific  shores  and  echoes  back  from  the 
rocks  on  the  Atlantic  coast,  "there  is  red  c^old  for  the  winning."  Amid  the 
entreaties  of  home,  the  wail  of  a  mother's  heart  went  up  and  begged  of  him 
to  stay ;  but  no,  in  a  few  years  at  most  a  fortune  will  be  made,  there  will 
be  enough  for  all,  and  what  has  been  the  result:  hard  work,  bad  luck,  ill 
health,  and  lost  hope.  But  these  are  not  the  only  ones  near  that  crackling 
log.  Here  is  the  man  with  rakish  air,  who  spends  his  dust  with  that  air  of 
"  easy  come,  easy  go,"  who,  when  his  back  is  turned,  is  forgotten  by  his  erst 
awhile  boon  companions;  there  is  he,  the  father  of  a  family,  who  has  left  a 
loving  wife  and  children  in  a  little  home  in  some  Eastern  State,  who  toils 
with  unceasinof  vicjor  to  reach  the  goal  which  will  take  him  back  to  those 
he  loves,  with  sufficient  for  them  and  others  besides — long  his  cherished 
desire;  and  .so  passes  by  this  panorama  of  human  life,  each  having  their  own 
thoughts,  good,  bad  and  indifferent,  and  still  the  boisterous  jest  and  royster- 
ing  song  goes  on,  and  still  the  sparks  fly  from  the  burning  log,  and  hour 
gives  Avay  to  hour  and  dark  to  dawn. 

1860. — Let  us  now  return  to  what  may  be  gleaned  from  the  official  records 
of  the  city  for  the  year  1850. 

On  January  10th  a  Common  Council,  consisting  of  J.  U.  Hoppe,  Isaac 
Branham,  Peter  Davidson,  R.  M.  May,  and  Charles  White,  was  elected,  with 
John  H.  Moore  as  ^Clerk,  and  on  the  15th,  R.  C.  Keys  as  Marshal;  the 
appointments  of  the  last-named  two  officers,  however,  would  appear  to  have 
been  informal,  for  we  find  on  the  23d,  an  ordinance  was  passed  requiring 
the  Ayuntamiento  to  elect  the  following  officers  and  declaring  their  duties: 
Marshal,  Treasurer  and  Clerk,  the  salarv  of  the  first  mentioned  beingf  fixed 
at  one  hundi'ed  and  fifty  dollars  per  mouth.  February  11th,  Marshal  Keys 
resigned,  wdien  E.  J.  Curtis  was  appointed  in  his  stead;  while  about  this 
time  the  following  curious  document  illustrative  of  the  paternal  care  of  the 
Alcalde's  office  was  issued :  "  Whereas,  it  has  been  represented  to  me  that  an 
individual  named  Jose  ]\[aria  Edward  is  living  in  a  constant  state  of  intoxi- 
cation, to  the  utter  neglect  of  his  goods  and  effects,  which  lie  exposed  to  the 
street;  and  the  same  being  proven  to  the  satisfaction  of  this  Court,  it  has 
thought  fit  to  order  that  an  inventory  of  the  same  be  taken,  and  stored  in 
some  safe  place,  until  baid  J.  M.  Edward  recovers  his  mind,  and  be  able  to 
conduct  the  business  properly,  and  which  has  been  done  this   day,  the  goods 

being  deposited  with  until  such  time  as  the  owner   and  debtor  from 

San  Francisco  appears." 

March  13th,  directions  were  given  to  the  Alcalde  by  the  Ayuntamiento  to 
make  out  a  deed  of  four  vacant  lots  of  the  north  section  of  the  new  survey 
to  S.  C.  Young  for  services  rendered  the  pueblo;  while  on  the  .same  date,  the 
Council  decreed  that  any  Indian  found  loitering  or  drunk  about  the  pueblo 
should  be  liable  to  be  hired  b}^  the  Alcalde  to  such  person   as  he  may  think 


346  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

proper,  for  such  price  as  he  may  demand,  and  the  proceeds  to  be  expended 
in  providing  clothing  for  said  Indian;  two  resolutions  which  to  us  of  to-day 
appear  curious,  to  say  the  least  of  it. 

On  March  7,  1850,  a  Bill  was  introduced  into  the  Legislature  by  Senator 
Bassham,  entitled  "  An  Act  to  incorporate  the  City  of  San  Jose."  It  was 
passed  March  27,  1850,  and  defined  the  boundaries  of  the  city  to  be:  "All 
that  tract  of  land  lying  between  the  limits  hereinafter  mentioned,  that  is  to 
say:  Beginning  on  the  east  bank  of  the  Coyote  river,  two  miles  south  of 
the  center  of  Washington  square  in  the  Pueblo  of  San  Josd,  and  running 
due  west  to  the  west  bank  of  the  San  Jose  river;  thence  followins:  down 
the  bank  of  said  river  to  a  point  four  miles  distant  in  a  straight  line;  thence 
due  east  to  the  east  bank  of  the  Coyote  river ;  thence  up  the  bank  of  said 
river  to  the  place  of  beginning,  shall  henceforth  be  known  as  the  City  of  San 
Jose.  "  It  was  also  ordered  that  the  government  of  the  city  shall  consist  of  a 
Mayor  and  Common  Council  of  seven  members,  one  of  whom  shall  be 
elected  President.  The  Mayor  and  Common  Council  were  designated  a 
Body  Politic  and  Corporate  under  the  name  of  "  The  Mayor  and  Common 
Council  of  the  City  of  San  Josd,"  and  at  the  same  time  a  City  Marshal, 
City  Attorney,  City  Assessor  and  Treasurer  should  be  elected  on  the  second 
Monday  of  April,  1850,  and  in  each  year  thereafter.  Consequently  the 
election  was  duly  had,  and  on  April  13th,  the  Mayor,  Josiah  Belden,  and  the 
Common  Council,  F.  B.  Clement,  President,  Benjamin  Cory,  James  D.  Curl 
John  H,  Garrison,  Peter  Shereback,  Julian  Hanks  and  William  Foster,  held 
their  first  meeting. 

At  the  first  election  held  under  the  Act  incorporating  the  City  of  San 
Jose,  William  Daniels,  being  Inspector;  David  Barney,  William  J.  King 
Judges;  and  C.  J.  Torbert,  George  J.  Hobe,  Clerks,  the  following  was  the 
result:  Mayor,  Josiah  Belden,  one  hundred  and  ninety-five  votes;  Common 
Council,  Ben  Cory,  two  hundred  and  twenty-nine  votes ;  J.  D.  Curl,  two 
hundred  and  twelve  votes;  W.  Foster,  two  hundred  and  eight  votes;  J.  H. 
Garrison,  two  hundred  and  seven  votes;  P.  S.  Shereback,  one  hundred  and 
ninety-nine  votes ;  Julian  Hanks,  one  hundred  and  ninety-seven  votes ;  F. 
B.  Clement,  President;  City  Marshal,  G.  Montgomery,  two  hundred  and  five 
votes;  City  Attorney,  T.  L.  Vermeule,  two  hundred  and  four  votes;  City 
Assessor,  P.  Davidson,  two  hundred  and  six  votes ;  City  Treasurer,  J.  C. 
Conroy,  one  hundred  and  ninety-eight  votes. 

At  this  session  F.  B.  Clement  having  been  called  to  the  Chair,  and  Ben 
Cory  requested  to  act  as  Secretary  ad  interim,  immediate  steps  were  taken 
for  the  election  of  a  permanant  Clerk,  which  resulted  in  the  choice  of  Thomas 
B.  Godden,  he  having  received  a  majority  of  the  votes  over  S.  O.  Houghton. 
Mr.  Cory  then  presented  an  ordinance  fixing  the  amount  of  bonds  of  the 
Treasurer,    Assessoi-,   Attorney,  and   Marshal,  the  suibs  being   respectively 


SAN   J0S1^   TOWySHIP.  347 

established  at  fifty,  twenty,  ten,  and  ten  thousand  dollars.  Mr.  Cory  next 
offered  a  resolution  to  the  effect  that  a  committee  of  two  be  appointed  for 
the  purpose  of  making  inquiries  with  regard  to  the  liabilities  of  the  late 
Ayuntamiento  or  Town  Council,  the  last  President  of  which  was  Jacob  D. 
Hoppe,  to  whom  was  sent  a  committee  deputed  to  request  his  supplying  a 
summary  of  all  the  ordinances  passed  by  that  body.  The  first  committee 
consisted  of  Messrs.  Hanks  and  Shereback;  the  last  of  Messrs.  Curl  and 
Garrison.  Mr.  Cor}:'  now  presented  a  resolution  to  require  the  last  Ayun- 
tamiento and  its  officers  to  hand  over  all  books,  records  and  papers  in  their 
possession  belonging  to  the  city  of  San  Jose;  and  again  he  made  a  motion 
'•'  to  offer  the  building  known  as  the  Legislative  Hall,  free  of  charge  to  the 
Legislature  which  is  to  assemble  in  January,  1851,  and  to  be  used  as  long  as 
the  Legislature  may  require  it  in  its  session."  Further,  Resolved,  "that  the 
Mayor  of  the  city  deliver  a  copy  of  the  foregoing  resolution  to  the  Senator 
representing  the  District  of  San  Jos4,  said  Senator  to  lay  the  same  before  the 
Legislature,"  both  of  which  were  unanimously  adopted.  We  have  mentioned 
above  the  settling  of  the  bonds  to  be  presented  by  municipal  officers,  tho.se 
of  the  Assessor,  Attorney,  and  Marshal  were,  April  IGth,  reduced  to  five 
thousand  dollars  each,  while  that  of  the  Treasurer  was  decreased  to  twenty- 
five  thousand.  On  the  19th  April  the  Juzgado  was  designated  as  the  place  for 
holding  the  forthcominof  session  of  the  District  Court.  Ordinances  were 
now  adopted  for  enforcing  the  payment  of  city  taxes,  licenses,  etc.,  in  lawful 
coin  or  gold-dust  at  the  rate  of  sixteen  dollars  per  ounce,  troy,  while  regu- 
lations were  passed  respecting  the  Acequia,  or  city  ditch,  used  for  irrigating 
purposes,  and,  on  April  24th,  laws  pi'ohibitory  of  gaming  were  determined. 
On  the  27th  the  use  of  the  principal  room  on  the  lower  floor  of  the  City  Hall 
was  tendered  to  the  clergymen  of  the  different  denominations  in  the  city; 
while,  as  a  criterion  of  the  rates  paid  for  clerical  assistance  at  the  time,  eight 
dollars  per  day  was  allowed  to  the  Marshal  for  a  clerk;  and  the  Surveyor 
directed  to  run  out  the  city  boundaries,  and  execute  a  map  thereof  was 
granted  twenty  dollars  a  day  for  himself  and  sixteen  for  help. 

May  4th,  the  following  appears  on  the  minutes:  "  On  motion  of  Mr.  Carl 
all  business  then  before  the  meeting  was  laid  over.  Mr.  Charles  White,  a  citizen 
of  San  Jose,  begged  leave  from  the  President  and  Council  to  state  that  the 
account  of  Pedro  Sainsevain  (for  rent  of  State  House)  became  due  on  the 
first  of  May.  Mr.  Cory  presented  an  ordinance  to  the  effect  that  the  obliga- 
tion of  Messrs.  Belden,  Reed  and  Aram,  as  trustees  for  Messrs.  Hoppe,  Mc- 
Cutchen  and  others,  for  the  purchase  of  the  City  Hall  should  from  and  after 
the  first  day  of  May  bear  interest  at  the  rate  of  eight  per  cent,  per  month, 
extending  to  no  longer  than  four  months;  the  interest  to  be  paid  monthly: 
on  motion  the  ordinance  was  adopted.  About  this  time  an  attempt  was 
made  to  have  the  Juzgado  removed  from   where  it  stood  in  what  is  now 


348  HISTORY   OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

Market  street,  and  to  that  end  a  committee  was  appointed,  May  4th,  to 
report  whether  the  adobe  and  other  material  could  be  utilized  for  further 
building  purposes.  They  reported  May  7th,  in  favor  of  selling  the  edifice, 
which  the  Marshal  was  authorized  to  do  on  May  15th.  Let  us  see  who 
signed  this  petition  as  a  means  of  finding  out  the  names  of  some  of  the  resi- 
dents in  May,  1850:  Hoppe,  Hawkins  &  Co.,  Julius  Martin,  William  Dan- 
iels, Joseph  Aram,  Geo.  B.  Tingley,  R.  B.  Buckner,  Joseph  Stillwell,  Wm. 
McCutchen,  S.  W.  Johnson,  K.  H.  Dimmick,  S.  C.  Young,  D.  Divine,  W. 
H.Eddy,  Ephraim  Fravel,  L.  L.  Logan,  D.  W.  Dickey,  Asa  M.  Bowen,  John 
H.  Moore,  Freeman  S.  McKinney,  Joseph  Lee,  E.  Hansbrough,  C.  T.  Ryland, 
Thos.  Bodley,  R.  M.  May,  John  M.  Jones,  James  C.  McClellan,  H.  C.  Melone, 
Edward  W.  Rawle,  James  W.  McClellan,  George  S.  Appleton,  J.  R.  Wilson, 
Gidney  Underbill,  John  Carney,  Geo.  N.  Whitnam,  Matthew  Chambers, 
John  F.  Williams,  William  T.  McClean. 

May  23d,  a  committee  was  selected  to  wait  upon  the  priest  in  whose 
charge  was  the  Roman  Catholic  Church,  for  the  purpose  of  requesting  its 
officers  to  desist  from  the  further  building  of  houses  not  designed  for  church 
purposes,  and  also  to  have  removed  all  the  buildings  occupying  the  ground 
at  the  time.  No  attention  would  appear  to  have  been  paid  to  the  request 
of  the  Council  or  their  committee;  it  was  therefore  resolved,  August  5th, 
that  the  Mayor  should  be  requested  to  notify  the  priest  or  other  person  in 
charge  of  the  church  in  San  Jose,  of  the  violation  of  the  grant  upon  which 
the  said  church  lots  are  held,  in  the  erection  of  houses  thereon  other  than  for 
religious  purposes,  and  that  he  also  notify  the  said  priest  to  cause  the 
removal  of  such  buildings  and  to  cease  the  further  letting  of  the  ground, 
under  penalty  of  a  suit  at  law  for  the  recovery  of  the  property  so  misapplied 
to  the  grantors.  .  And  that  the  Mayor  also  notify  all  persons  now  owning  or 
occupying  houses  upon  the  said  ground,  other  than  such  as  for  religious  uses,  to 
remove,  or  cause  to  be  removed,  the  same,  within  fifteen  days  from  date,  or 
that  the  said  buildings  will  be  removed  summarily  by  the  city  authorities. 
On  the  3d  September  the  Council  passed  a  resolution  suspending  action  for 
the  present,  at  the  same  time  protesting  that  the  priest  had  no  just  nor  legal 
right  to  occupy  ur  lease  the  ground  upon  which  the  church  edifice  is  erected, 
for  secular  purposes.  The  matter  was  then  placed  into  the  hands  of  the 
City  Attorney,  who  communicated  to  the  Council  in  regard  to  the  erection 
of  buildings  on  the  church  property;  the  deed  granting  lots  numbered  fif- 
teen and  fourteen  in  block  number  one  and  range  one,  north  of  the  base  line, 
to  Josa  Maria  de  Jesus  Gonzales,  Governor  of  the  Mitre  of  the  Roman  Cath- 
olic Church  of  the  Territory  of  California  by  First  Alcalde,  Kimball  H.  Dim- 
mick, for  and  in  consideration  of  the  sum  of  one  dollar,  states  that  the  grant  is 
made  "as  a  consecrated  place  of  religious  worship  to  Almighty  God  for  ever,"  it 
was  therefore  considered  by  the  Common  Council,  and  their  legal  advisor, 


SAN    JOSI^:   TOWNSHIP.  349 

that  the  cliuieh  hail  nut  the  power  to  let,  lease  or  alienate  any  of  the  pro- 
perty for  the  purpose  of  raising  revenue,  even  if  the  occupations  pursued  by 
the  tenants  be  such  as  are  not  objectionable  to  moral  and  religious  feelings, 
but  certainly  not  when  such  occupations  are  evidently  destructive  of  relig- 
ious influences,  and  a  mere  mockery  of  the  intentions  of  the  parties  who 
granted  the  property  which  is  so  misappropriated.  The  deed  referred  to  is 
dated  January  13,  1849. 

Suitable  accommodation  for  a  city  prison  was  ordered  to  be  rented,  on 
May  SSd;  on  the  same  date  itinerant  vendors  were  directed  to  be  licensed; 
and,  on  the  last  day  of  the  month,  an  ordinance  prohibiting  bull-fights  was 
adopted,  a  firm  attempt  to  break  the  Sunday  pleasure  of  the  native  Cali- 
fornian. 

On  June  10th  a  committee  consisting  of  C.  White  and  J.  Aram,  in  relation 
to  the  Manuel  Pinto  lob  required  for  the  opening  of  Santa  Clara  street, 
reported  and  recommended,  that,  inasmuch,  as  the  appraisal  of  said  property 
had  been  fixed  at  two  thousand  dollars,  that  the  family  be  allowed  one  hun- 
dred varas  square  of  the  outer  lots  as  a  compensation.  On  the  report  being 
accepted,  authority  to  make  contracts  for  carrying  out  the  work  was  given. 
Another  house  which  it  was  found  nece.ssary  to  remove  for  this  purpose,  was 
that  of  Salvador  Mora,  who,  it  was  recommended,  should  receive  two  hundred 
dollars  compensation.  June  26th,  an  ordinance  was  passed,  directing  all 
places  of  business  to  be  closed  on  the  Sabbath  day;  while,  at  about  the  same 
time,  a  petition  was  received,  from  Lallemand  &  Delfiuo,  requesting  permis- 
sion to  open  a  market  stand  which  was  granted. 

The  first  establishment  of  Fire-limits  was  efiiected,  July  11,  1850,  as  fol- 
lows: Commencing  at  the  intersection  of  Second  street  with  St.  James 
street,  thence  along  the  center  of  Second  street  to  its  junction  with  San 
Carlos  street;  thence  along  the  center  of  said  San  Carlos  street  to  its  junction 
with  the  Acequia ;  thence  along  the  said  Acequia  to  a  point  that  would 
intersect  the  prolongation  of  St.  James  street;  thence  along  the  said  St. 
James  street  to  the  place  of  beginning.  Section  two,  of  this  ordinance,  pro- 
hibited the  erection  of  edifices  compo.sed  of  canvas,  willow,  cotton  cloth, 
tules,  mustard,  reeds,  or  other  grassy  substances,  under  a  penalty  of  not  less 
than  twenty-five  nor  more  than  two  hundred  dollars.  Three — Forbade  the 
existence  of  hay-stacks,  unless  inclosed  or  suitably  guarded,  under  a  like 
penalty;  and  Four — Enjoined  the  immediate  removal  of  these  under  the 
same  forfeiture.  With  the  marking  out  of  fire-limits,  application  w^as  made  to 
the  Common  Council,  November  4th,  when  Alderman  Garrison  was 
instructed  to  inform  Fire  Engine  Company,  No.  1,  that  an  engine  would  be 
furnished  to  them  as  soon  as  one  could  be  obtained  ;  which  was  done,  and  may 
now  be  seen  in  the  Franklin  Engine  House.  On  the  18th,  they  notified  the 
corporation  of  the  adoption  of  the  name  "  Eureka  Fire  Company,  No.  1 ;" 


350  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

when  a  committee  was  appointed  to  report  on  the  constitution  of  the  com- 
pany, and  the  feasibility  of  erecting  an  engine-house  and  purchasing  apparatus 
for  tliera. 

July  11th,  city  taxes  were  ordered  to  be  levied  at  the  rate  of  one  per  cent. ; 
a  resolution  regulating  the  Mayor's  Court  was  adopted;  and  on  the  23d,  a 
municipal  seal  was  talked  of  and  a  motion  to  ask  the  Mayor  to  provide  one 
passed.  On  this  date  William  Bartlett  was  appointed  City  Clerk  vice 
Godden,  resigned.  About  this  period  it  was  customary  for  the  more  reckless 
of  the  citizens  to  settle  their  superiority  in  horse-flesh  in  the  public  thorough- 
fares, a  fee  of  two  dollars  was,  therefore,  directed  to  be  awarded,  to  the  arrest- 
ing Constable,  in  such  offenses,  while,  the  fiat  went  forth  and  doomed  the 
Spanish  language  in  the  county,  that  all  petitions  or  communications  writ- 
ten in  any  other  than  the  English  language  should  be  laid  on  the  table 
indefinitely. 

At  the  session  of  the  Common  Council,  held  on  August  5th,  the  following 
resolution,  which  speaks  for  itself,  was  offered:  "  Resolved,  That  the  present 
condition  of  the  finances  of  the  City  of  San  Jose'  require  correction.  The  city 
is  now  paying  an  interest  of  eight  per  cent,  per  month  upon  the  sum  of 
thirty  thousand  dollars,  when  it  is  believed  that  money  could  be  borrowed, 
for  the  use  of  the  city,  at  a  rate  less  than  half  the  above.  The  city  officers 
and  police  are  unpaid  for  several  months'  services,  and  there  are  no  funds  to 
meet  these  and  other  demands  accruing;  it  is,  therefore,  deemed  advisable 
to  disembarrass  the  city,  from  the  operation  of  this  state  of  things,  by  a  mod- 
erate loan  of  money,  at  a  low  prescribed  rate  of  interest."  On  the  motion 
being  put,  the  accompanying  was  then  carried:  "  Resolved,  That  the  Mayor 
of  this  city,  Josiah  Belden,  Esq.,  and  Mr.  William  Foster,  of  the  Common 
Council,  be  and  they  are  hereby  appointed  Commissioners  to  negotiate  a  loan 
of  thirty  thousand  dollars,  for  and  in  behalf  of  the  city,  in  accordance  with 
the  provisions  of  an  ordinance,  passed  this  day,  by  the  Common  Council  of 
the  City  of  San  Josd."     The  effect  of  this  resolution  will  be  found  further  on. 

During  the  current  year,  1850,  the  following  circular  was  promulgated; 
it  is  now  produced  in  order  that  it  may  be  shown  what  was  done  for  suffer- 
ing humanity.  It  is  also  a  means  of  perpetuating  the  names  of  some  of 
those  who  took  an  interest  in  the  good  work:  "Whereas,  Reliable  news  has 
reached  us,  that  great  numbers  of  those  who  are  traveling  the  northern 
routes  to  this  countr}'-  are  suffering  immensely  from  the  want  of  the  com- 
mon necessaries  of  life :  And,  Whereas,  a  deep  sympathy  pervades  this  city 
for  these  sufferers:  And  Whereas,  true  sympathy  ever  prompts  to  benevo- 
lent action ;  therefore.  Resolved,  By  the  Mayor  and  Common  Council  of  the 
the  city  of  San  Jose',  that  San  Jos^  will  cordially  cooperate  with  those  who 
are  engaged  in  the  benevolent  enterprise  of  sending  relief  to  the  starving 
immigrants  upon  the  plains;  Resolved,  That  we  will  act  as  a  committee  to  solicit 


SAN   JOSl^:    TOWNSHIP.  351 

subscriptions  in  money  and  provisions,  to  be  forwarded  by  the  hand  of  Hon. 
John  Bigler,  to  the  Sacramento  City  Immigrant  Relief  Committee,  to  be 
used  promptly  for  the  benefit  of  the  suffering  immigrants;  Resolved,  That 
James  F.  Reed,  Charles  White,  John  A.  Houston,  J.  D.  Hoppe,  Charles 
Campbell,  and  Isaac  Branham  be  appointed  to  co-operate  with  us  in  this 
work;  Resolved,  That  his  honor,  Josiah  Belden,  be  appointed  Treasurer  of 
the  committee,  and  F.  B.  Clement  be  appointed  (Jlerk;  Resolved,  T\\Q.i  vf& 
will  not  be  idle  in  this  good  work."  Among  those  who  subscribed  sums 
varying  from  one  hundred  to  one  dollar  are:  Evans  &  Co.,  D.  Williams, 
Fred.  G.  Appleton,  John  H.  Garrison,  John  Aborn,  Ben  Cory,  J.  A.  Quimby, 
Charles  Campbell,  Lemuel  Hudson,  E.  Woodnutt,  Joseph  Aram,  Robert 
Byers,  R.  H.  Curl,  Guard  Colwell,  George  Lehr,  Mr.  Brayton,  Alex.  Guard, 
S.  K.  Gibson.  S.  W.  Hopkins,  John  McKune,  H.  E.  Bond,  E.  W.  Anser, 
Judge  Hester,  Julian  Hanks,  Thomas  Ritchie,  David  David,  Nicolas  Polli 
y  Co.,  Louis  Borrel,  Ricardo  G.  Killaby,/Villiam  Gulnac,  Thomas  A.  Ticklin, 
Nathaniel  M.  Ward,  T.  J.  York,  L.  G.  Colgrove,  S.  A.  Hanks,  G.  F. 
Wyman,  James  Robinson,  R.  O.  Lowry  &  Co.,  M.  H.  Briggs,  Thomas  Piles, 
Angel  Levari,  W.  R.  Bassham,  George  East,  Henry  Vanderslice,  Pascual 
Savarre,  M.  Durand,  T.  Travener,  A.  Chatelle,  George  Montgomery,  Joseph 
McKee,  Josiah  Belden,  F.  Lightston. 

Will  the  old  resident  cast  a  glance  over  these  names  and  see  how  few  of 
them  remain !  'Tis  for  this  reason  that  histories  such  as  this  are  written, 
in  order  to  perpetuate  cherished  names  and  associations,  where  the  present 
has  gone  hand  in  hand  with  the  past  in  an  errand  of  mercy,  like  the  help- 
ing of  fellow-sufferers,  or  the  building  up  a  city  such  as  San  Josd  now  pre- 
sents. Such  deeds,  we  assert,  deserve  not  to  be  forgotten  ;  rather  should 
they  live  as  bright  beacons  to  guide  the  youth  of  to-day,  and  be  an  exam- 
ple to  them  of  what  tender  and  manly  hearts,  backed  by  indomitable 
courage  and  perseverance,  could  perform  three  decades  since. 

In  the  year  18.50,  the  Common  Council  of  the  city  of  San  Jose  became 
suddenly  impressed  with  the  truthfulness  of  the  ancient  adage,  which  might 
be  distorted  in  "  all  work  and  no  pay  makes  Jack  a  dull  boy."  Why  they 
were  discontented  with  "  honor  and  glory "  and  demanded  "  backsheesh"  is 
left  in  the  dark.  Dr.  Ben  Cory  was  the  only  member  of  that  body  wdio 
opposed  the  successive  motions,  but  might  was  too  much  for  right,  as  the 
following  information,  culled  from  the  City  Records,  will  explain:  On  Sep- 
tember 24th,  an  oi'dinance  to  allow  pay  to  the  members  of  the  Council  was 
adopted,  the  vote  on  the  occasion  being:  For — Messrs.  Garrison,  Foster  and 
Hanks,  Dr.  Cory  voting  in  the  negative.  On  the  strength  of  this,  the 
Mayor  was  allowed  eight  hundred  and  thirty-three  dollars,  thirty-three 
cents,  on  October  5th;  while  on  the  same  day  Alderman  Curl  drew, 
for    the    like    purpose,    five    himdred    and    sixty    dollars.     October    28th, 


352  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

the  sum  of  sixteen  dollars  a  day  was  allowed  to  the  City  Clerk  ; 
and  a  salary  of  two  hundred  and  fifty  dollars  per  month  to  the  City 
Attorney ;  and,  November  4th,  Alderman  Clement  was  authorized  to  draw 
sixteen  dollars  per  day  for  his  services.  At  this  juncture,  the  citizens  were 
seized  with  what  might  be  termed  a  righteous  indignation,  and  transmitted 
the  annexed  petition,  signed  by  one  hundred  of  the  principal  residents  to  the 
Honorable,  the  Council  of  the  City  of  San  Jose': — "The  petition  of  the  under- 
signed citizens  respectfully  represents  that  they  have  heard  with  regret  that 
Your  Honorable  Body  have  passed  an  ordinance  providing  that  each  member 
and  Clerk  of  the  Council  shall  be  paid  sixteen  dollars  for  each  time  appointed 
for  their  regular  meetings,  wdiether  present,  or  absent,  your  petitioners  hereby 
REMONSTRATE  against  this  law,  and  i-equest  that  the  same  may  be 
Tepealed,  for  the  following  reasons  :  First,  because  it  is  unjust  to  demand 
payment  for  services  no>t  rendered.  Secondly,  because  the  sum  provided  to 
be  paid  is  too  much  for  one  or  two  hours  spent  in  the  evening ;  it  has  never 
been  charged  by  former  Councils,  and  citizens  having  the  best  interest 
of  the  city  at  heart  are  willing  to  perform  the  duty  without  reward,  for 
the  good  of  the  city.  Thirdly,  because  the  funds  of  the  Council  are  greatly 
needed  to  provide  jire  engines  and  hose  for  the  protection  of  the  city 
against  fire;  for  the  digging  of  large  and  deep  wells  for  reservoirs  to 
supply  the  city  with  water  in  case  of  fire ;  for  grading  the  principal  streets 
so  as  to  carry  off"  the  water  in  the  time  of  rain ;  for  bridging  the  slough  in 
the  city,  so  that  loaded  teams,  and  travelers,  may  have  easy  access  to  the 
city  during  the  rainy  season,  and  for  other  purposes,  which  the  best  inter- 
ests of  the  city  demand.  Your  petitioners  would  ask  Your  Honorable 
Body,  now  that  the  county  has  assumed  the  debt  of  the  city,  to  reduce 
the  very  heavy  tax  imposed  upon  them ;  but,  if  this  cannot  be  done, 
they  very  earnestly  ask  that  the  tax  may  be  applied  to  the  purposes 
which  the  welfare  of  the  city  demands.  Your  petitioners  would  further 
represent  that  the  question  of  the  final  location  of  the  Capital,  by  the  recent 
vote  of  electors,  assumes  an  aspect  demanding  the  action  of  the  citizens  of 
this  place  to  secure  its  location  here,  and  would  suggest  to  the  Council  the 
necessity  of  constructing  a  'plcink  road  on  the  nearest  route  to  the  embar- 
cadero,  to  which  the  city,  as  a  stockholder,  ought  to  subscribe.  To  the  sub- 
jects, vital  to  our  prosperity  as  a  city,  we  ask  your  immediate  attention,  and, 
as  in  duty  bound,  etc."  The  last  mention  made  of  this  matter,  in  the  year 
1850,  was  the  presentation  by  Dr.  Cory,  December  30th,  of  an  ordinance  to 
repeal  that  granting  pay  to  the  members  of  the  Council,  which  on  motion  to 
adopt,  the  ayes  and  noes  were  called  with  the  following  result:  Ayes, 
Messrs.  Cory,  Curl,  and  the  President ;  noes,  Messrs.  Shereback  and  Garrison. 
In  the  month  of  September  a  petition  was  received  from  several  Spanish 
residents  requesting  to  be  allowed  to  maintain  a  theatre  on  Sundays,  which 


2i^^, 


a^       U^    ^''i'i^^^-l^'ty^-'^^^^U^-r^'^^-^t^^'^^ 


.RY 


SAN    JOS^    TOWNSHIP.  353 

was  refuscv]  by  the  Council ;  as  was  also  another  in  regard  to  holding  bull- 
fights on  that  day.  October  28th,  John  Jones,  Charles  Campbell,  and  James 
Appleton  were  appointeil  overseers  of  the  poor;  November  4;th,  an  ordinance 
directing  all  cattle  to  be  slaughtered  on  Washington  square  was  passed  ;  on 
the  ISth  it  was  ordered  that  employes  in  the  City  Hospital  should  be  paid 
by  the  Treasurer  in  "good  hard  money,"  in  contradistinction  to  gold-dust, 
and  on  December  2(1,  the  first  steps  towards  the  laying  of  sidewalks  were 
taken.  The  Mayor,  in  conjunction  with  a  committee,  were  authorized  to 
receive  proposals  for  laying  sidewalks  where  a  suitable  way  had  not  been 
already  made.  The  streets  along  which  they  should  run  were  :  In  Fii-st 
street,  from  the  north  end  of  the  City  Hotel  to  its  intersection  with  San 
Fernando  street:  In  Santa  Clara  street,  from  First  street  to  Market  street: 
In  Market  street,  from  Santa  Clara  street  to  San  Fernando  street:  On  the  south 
side  of  San  Fiirnando  street,  from  Market  street  to  First  street ;  and  on  San 
Josd  street,  from  the  south  end  of  the  Legislative  Hall  to  where  it  inter- 
sects San  Fernando  street,  on  the  east  side  only.  These  were  to  be  con- 
structed of  the  best  inch-and-a-quarter  pine,  red,  or  fir  wood,  with  well- 
made  gravel  cro.ssings,  and  of  five  feet  in  width;  one-half  of  the  expense 
was  to  be  borne  by  the  city,  the  other  moity  by  the  property-owners  front- 
ing on  said  streets,  an  equitable  assessment  being  made  by  the  committee 
appointed  to  superintend  the  work,  Messrs.  Curl  and  Garrison. 

On  the  23d  December  authorization  to  rent  a  room  for  the  use  of  the 
Mayor  and  Common  Council  was  given  to  the  City  Marshal;  while  about 
this  period  a  petition,  signed  by  about  a  hundred  citizens,  stating  that  there 
are  continuous  abuses  of  the  ordinances  a'j,ainst  the  sale  of  liquors  on  the 
Sabbath,  was  presented  to  the  City  Fathers.  It  described  that  these  mis- 
uses tended  greatly  to  the  detriment  of  the  law'-abiding  citizens,  and 
immensely  to  the  benefit  of  those  who  use  all  kinds  of  chicanery  to  thwart 
the  spirit  and  intention  of  said  ordinance — moreover,  that  while  the  small 
dealers  pay  comparatively  the  largest  sum  for  license,  their  best  day  is 
taken  from  them,  thus  making  it  doubly  burthensome  for  them  to  pay  such 
license.  In  view  of  these  facts,  presumably  because  "  their  best  day  "  was 
taken  from  them,  and  not  from  any  sentimental  idea  that  the  Sabbath 
was  made  for  man,  the  repeal  of  the  ordinance  which  prohibits  the  sale  of 
liquor  on  that  day  was  prayed  for. 

We  shall  now  turn  Lo  what  proceedings  were  taken  in  reganl  to  the  State 
Capital  during  the  year  1850. 

In  accordance  with  the  resolutions  adopted  at  a  meeting  held  September 
8,  1849,  that  the  Town  Council,  following  out  the  prayer  of  the  citizens  of 
the  pueblo,  "  offer  for  the  acceptance  of  the  Convention  now  assembled  at 
Monterey,  the  square  known  as  Washington  square,  which  contains  thirty 
acres,  more  or  less,  of  land,  for  the  sole  purpose  of  erecting  State  buildings 
23 


354  HISTORY    OF   SANTA    CLARA   COUNTY,    CALIFORNIA. 

thereon,  and  to  be  used  by  the  State  Government  for  all  such  public  purposes 
as  they  may  deem  necessary  for  the  Capitol  of  the    State,  it  being  under- 
stood that  whenever  the  Capitol  shall  be  removed  from   the  square  it  shall 
again  revert  to  the  people  of  the  pueblo."     At  a  meeting  held  January  17, 
1850,  the  following  resolution  was  unanimou.sly  adopted :     "  Be  it  resolved, 
that  the  Town    Marshal   be    directed   to  deliver  over  to  the  Chairman  of 
the  Committee  on  Public   Buildings  of  the   Legislature  now  assembled  in 
this  place  for  their  acceptance  a  deed  of  Washington  square,  and  if  accepted 
by  the  State,  to  be  placed  on  the  Minutes  of  this  Ayuntamiento ;   and  that 
the  Alcaide  in  such  case  be  required  to  make  out  such  a  deed  to  the  State 
of  Califoinia."     On  the  13th  March  the  Ayuntamiento,  in  meeting  assem- 
bled, resolved,  "that  a  committee  of  two  be  appointed  to  contract  with  the 
owners  of  the  house  occupied  by  the  Legislature  of  the  State  of  California 
for  the  purchase  thereof,  and  that  said  committee  have  power  to  pledge  the 
faith  of  this  town  for  the  purchase  money  thereof,  with  interest  at  the  low- 
est rate  per  month  possible.     And  be  it  fiirther  resolved,  that  the  proceeds  of 
the  sale  of  lots  already  sold,  as  also  all  lots  which  may  hereafter  be  sold,  shall 
be  appropriated  for  the  payment  of  said  house.     The  committee,  Messrs. 
David.son   and  White,  entered  upon  their  duties   forthwith,    and  on    April 
11th  made  the  following  report :     "Your  Committee  to  whom  was  i-eferred 
the  purchase  of  the  building  now  occupied  by  the  Legislature  of  the  State 
of  California  report  as  follows:  That  they  have  contracted  with  the  trustees 
of  said  building  on  behalf  this  city,  the  nature  of  which   contract  is  that 
the  said  trustees  enter  into  bonds  for  the  delivery  of  the  titlas,  house  and  all 
the  appurtenances  thereunto  belonging,  on  the  condition  that  the  Ayunta- 
miento will  now  pay  over  the  interest  until  the  1st  day  of  May  next,  in  the 
sum  of  fifteen  thousand  dollars,  from  the  1st  day  of  February  last,  and  also 
to  pay  the  interest  on  the  remaining  portion  of  said    purchase  money,  beino- 
nineteen  thou.sand  dollars,  from  the   1st  day  of  May  next,  at  six  per  cent- 
per  month,   payable  monthly,  making  the  whole  amount  of  said    money, 
in    all   thirty- four    thousand    dollars;    all    of    which    is    respectfully    sub- 
mitted, etc."     It  should  have  been  mentioned  that  the  report  was  made  to 
the  Mayor  and  Common  Council,  who  had  in  the  meantime   succeeded  the 
Ayuntamiento,  in  accordance  with  the  Act  of  Incorporation,  they  resolving, 
April  9th,  that  all  contracts  entered  into  by  the  Committee  to  provide  for 
the  Legislative  Hall,  under  authority  of  the  late  Ayuntamiento,  shall  be 
held  good  by  the  authorities  of  the  city.      Meanwhile  the  city  had  become 
involved  in  debt,  and  the  Mayor  was  directed  to  raise  the  sum  of  thirty 
thou.sand    dollars,  to   wipe    it   out.      Ultimately  the    debt   of  the  city  was 
assumed  by  the  county;  but  we  must  not  anticipate. 

We  have  seen  that  the  premises  occupied  by  the  Legislature  were  pur- 
chased from  the  trustees,  Aram,  Belden  and  Reed,  for  the  sum  of  thirty-four 


SAN   J0SI5   TOWNSHIP.  355 

thousand  dollars  payable   within   six   months,  with  interest  at  the  rate  of 
six   per    cent,    per    month.       The    Legislature    passed  an  appropriation    of 
fifty  thousand  dollars  to  pay  for  the  building,  and  bonds  were  issued  for  that 
amount  and  for  that  puipose,  bearing  interest  at  two  and  a  half  per  cent, 
per  month.     In  this  regard  it  was  introduced  by  Dr.  Cory  and  resolved  by 
the  Mayer  and  Common  Council  August  19,  1850, ''That  the  Trustees  of 
whom   the  city  purchased  the  City   Hall,  be  empowered  to  dispose  of  the 
amount  of  State  Scrip  which  was  deposited  in  their  hands  as  collateral  .secu- 
rity, to  the  best  possible  advantage,  and  pay  the  money  thus  realized  over 
to  Don  Pedro  Sainsevain  in  liquidation  of  the  note  he  holds  against  the  pur- 
chasers of  said  house,  provided  that  said  scrip  shall  not  be  sold  for  less  than 
twenty-five  per  cent,  discount  upon  the  amount  on  the  face."     On  September 
16th,  an  ordinance  was  adopted  by  the  Common  Council,  authorizing  the 
sale  of  State  Scrip  to  the  amount  of  twelve  thousand  nine  hundred  dollars 
for  payment  of  trustees  of  Legislative  Hall;    while   another  ordering  the 
Treasurer  to  pay  over  to  Messrs.  Aram,  Belden  and  Reed,  trustees  of  the  Leg- 
islative Hall,  the  sum  of  eight  hundred  and  eighty-five  dollars,  in  part  pay- 
ment of  the  amount  due  them  by  the  city,  was  passed;  and  yet  another  was 
carried  directing  the  President  of  the  Council  to  issue  a  draft  on  the  City 
Treasurer  for  the  sum  of  six  hundred  and  eighty  dollars  in  favor  of  Pedro 
Sainsevain  to  pay  extra  interest  of  two  per  cent,  per  month  for  the  terra  of 
four  months  on  the  sum  of  eight  thousand  five  hundred  dollars. 

Meantime  the  city  authorities  sold  the  property  to  the  county,  as  will  be 
shown  below,  for  the  sum  of  thiity-eight  thousand  dollars,  payable  in  three 
months,  but  the  money  was  not  applied  to  liquidate  the  debt  to  Mes.srs. 
Aram,  Belden  and  Reed,  but  was  used  for  other  purposes.  Thereupon  pro- 
ceedings were  commenced  against  the  city.  On  December  23d  a  summons 
was  presented  and  read  from  the  District  Court  of  Santa  Clara  county,  to 
the  Mayor  and  Common  Council,  to  appear  within  ten  days  and  show  cause, 
if  any,  why  judgment  sliould  not  l)e  rendered  against  them  in  favor  of  J. 
Aram,  J.  Belden,  and  J.  F.  Reed,  in  the  sum  of  fifty  thousand  dollars.  Mr. 
Hanks  then  proposed  a  resolution  instructing  the  City  Attorney  to  confess 
judgment  m  the  above  case,  after  having  deducted  the  amount  paid  on  the 
debt,  which,  on  motion  of  Alderman  Cory,  was  adopted.  Thus  this  matter 
rested  at  the  end  of  the  year  1850. 

Let  us  now  follow  the  steps  taken  in  1850  whereby  the  county  authorities 
assumed  the  deljt  of  the  city  of  San  Jose. 

Under  date  June  10th,  Alderman  Cory  presented  to  the  Common  Council 
the  following  preamble  and  resolutions:— 

^  Whereas,  It  is  contemplated  by  the  authorities  of  the  County  of  Santa 
Clara  to  commence,  within  a  short  period,  the  erection  of  county  buildings: 
And,  whereas,  it  is  deemud  by  the  Mayor  and  Common  Council  of  this  city, 


35  G  HISTOllY    OF   SANTA    CLARA    COUNTY,    CALIFORNIA. 

ccnlucive  to  the  best  interests  of  this  city,  to  aid  and  assist  in  the  prosecution 
of  said  work;  therefore. 

Resolved,  By  the  Mayor  and  Common  Council  of  San  Jose,  that  the  Mayor 
be  and  he  is  hereby  instructed  to  tender  to  the  proper  authorities  of  this  county 
either  the  northern  or  the  southern  half  of  Market  square  as  a  site  upon 
which  to  erect  the  county  buildings.  Resolved,  That  if  this  proposition  is 
accepted  by  the  county  authorities,  the  Mayor  shall  make  out  a  good  and 
sufficient  deed  to  the  county,  for  that  part  of  Market  square  that  shall  have 
been  accepted,  subject  to  the  following  conditions  only:  First— TYiq  county 
shall  not  infringe  upon  any  of  the  streets.  Second — If  ever  the  county 
ceases  to  use  the  grant  for  county  purposes  for  the  space  of  one  year,  it  shall 
revert  to  the  people  of  the  city.  Third — All  the  county  buildings  shall  be 
located  upon  the  grant  except  the  prison,  with  regard  to  which  the  county 
authorities  may  use  their  own  pleasure."  The  site,  however,  did  not  suit, 
therefore  the  choice  of  St.  James  square  was  given  to  the  county  on  July 
11th.  However,  they  must  have  returned  to  the  original  selection,  for  we 
find  the  Council,  on  September  2d,  directing  the  City  Attorney  to  make  out 
a  deed  to  the  county  for  so  much  of  Market  square  as  is  exhibited  upon  the 
plot  of  the  city  as  is  contained  between  its  southern  limits  and  a  line  pro- 
duced from  the  southern  margin  of  San  Antonio  street  to  the  western  mar- 
gin of  the  Market  place,  as  a  site  upon  which  to  erect  county  buildings. 
The  deed  was  refused  by  the  county,  and  affairs  took  another  turn. 

On  October  8th  a  committee  was  appointed  consisting  of  the  Mayor,  City 
Attorney,  with  Aldei'men  Cory  and  Foster,  to  confer  with  Judge  Redman  to 
endeavor  to  negotiate  a  sale  of  the  City  Hall  to  the  county.  These  trans- 
actions apparently  came  to  something,  for  we  glean  from  the  records,  under 
date  October  21st,  "It  was  resolved  that  the  form  of  a  deed  granting  Market 
place  to  the  county  of  Santa  Clara  as  a  site  for  the  public  buildings, 
presented  by  the  City  Attoi'ney,  be  authorized  to  be  authenticated  on  the 
part  of  the  city.  And  that  the  articles  of  agreement  presented  by  the  Mayor, 
providing  for  the  giving  of  a  deed  for  the  State  House  and  lot  to  the  County 
of  Santa  Clara,  upon  the  performance  of  certain  conditions  therein  expressed  by 
the  County  Judge,  on  the  part  of  the  county,  be  also  authorized  to  be  authen- 
ticated on  the  part  of  the  city."  The  agreement  reads:  "J.  W.  Redman, 
County  Judge  and  Commissioner  on  behalf  of  the  county,  agfees  to  the  fol- 
lowing conditions,  in  the  event  the  city  give  to  him  as  such  Judge  and  Com- 
missioner, a  good  and  sufficient  fee-simple  deed  to  the  said  Market  square, 
and  also  a  deed  for  the  present  State  House,  and  the  lot  upon  which  it  stands: 
Redman  agrees  to  reserve  streets  on  each  of  the  four  sides  of  Market  square, 
of  a  width  not  less  than  eighty-five  feet.  Second— To  continue  San  Anto- 
nio street  through  the  center  of  said  square  with  the  right  to  put  the  Court 
House  on  su-jh  central  space.      Third—To  pay  for  the  erection   of  the  jail 


SAN   JOSl^:   TOWNSHIP.  357 

now  being  built  under  contract  for  the  city  and  to  pay  for  the  repairs  author- 
ized by  the  Council  to  be  done  to  the  State  House,  and  to  allow  said  State 
House  to  be  used  for  the  session  of  the  coming  Legislature,  free  of  expense 
to  the  city  ;  and  to  permit  the  city  to  incarcerate  their  prisoners  in  the  said 
jail  until  such  time  as  the  city  can  provide  a  suitable  prison.  Fourth — The 
said  Redman  agrees  to  pay  the  debt  and  interest  due  by  the  city  upon  the 
said  State  House,  amounting  on  the  1st  November,  proximo,  to  thirty-four 
thousand  six  hundred  and  eighty  dollars."  It  was  then  resolved  by  the 
Council,  "  That  the  moneys  agreed  to  be  paid  by  the  County  Judge  of  Santa 
Clara  county  on  the  part  of  said  county  to  the  Mayor  and  Common 
Council  of  the  city  of  San  Jose,  arising  from  the  proceeds  of  the  sale  of 
Market  place,  when  the  same  bo  divided  into  lots,  shall,  and  the  same  is 
hereby  authorized  to  be  paid  to  Joseph  Ai'am,  Josiah  Belden  and  James  F. 
Reed,  Trustees  in  behalf  of  the  mortgage  held  by  themselves  and  othei's 
against  the  city  of  San  Jose,  until  the  said  mortgage  be  satisfied."  A  com- 
mittee to  whom  was  referred  the  sale  of  the  State  House  and  Market  square 
on  October  28th,  reported  the  conclusion  of  negotiations,  said  report  being 
adopted. 

With  respect  to  Pueblo  Lands  in  1850,  we  find  that  on  the  23d  Januaiy 
the  Ayuntamiento  enacted  that  the  Alcalde  should  ascertain  the  amount  of 
land  in  the  pueblo  remaining  unsold,  and  that  such  should  be  divided  into 
lots  and  offered  for  .sale  after  thirty  days'  public  notice.  On  January  oOth, 
a  committee  of  two  were  appointed  with  power  to  employ  a  competent  sur- 
veyor to  survey  all  the  lands  west  of  Market  street,  and  extending  from  lot 
No.  5,  south  of  the  base  line  to  lot  No.  32,  held  in  the  name  of  Maria  Jose 
Soto  de  Stokes.  It  was  further  ordained  that  it  shall  be  the  duty  of  said 
committee  to  give  public  notice  in  Spanish  and  English  to  the  citizans  inter- 
ested, that  all  and  each  of  them  present  their  title  or  claim  to  the  Com- 
missioners to  be  appointed  by  the  Ayuntamiento  for  their  approval,  and 
when  so  approved,  the  said  Commi.ssioners  shall  give  to  each  person  so 
entitled,  a  certificate  of  the  same,  and  upon  presentation  to  the  Alcalde  of 
said  certificate,  he  shall  issue  thereon  a  title  to  such  lot  or  tract  of  land; 
but  in  no  ca.se  shall  the  Alcalde  grant  more,  or  a  better  right  than  a  quit 
claim  of  said  pueblo;  and  be  it  further  enacted  that  each  and  every  person 
receiving  such  certificate  .shall  pay  for  the  expense  of  surveying,  title  and 
other  incidental  expenses.     February  11th,  it  was  resolved: — 

"  Whereas  certain  lots  known  as  'five-hundred-acre  lots'  have  been  disposed 
of  by  the  preceding  Ayuntamiento  of  the  Pueblo  de  San  Jose  upon  certain 
conditions  and  restrictions,  which  conditions  have  not  been  complied  with; 
therefore,  be  it  ordained  by  the  Ayuntamiento  of  the  Pueblo  de  San  Jose 
that  all  the  lots  of  land  known  as  'five-hundred-acre  lots,'  where  the  stipu- 
lations have  not  been  complied  with  are  hereby  denounced  and  forfeited  to 
the  people  of  said  pueblo." 


358  HISTORY    OF    SANTA    CLARA   COUNTY,   CALIFORNIA. 

Owing  to  the  straightened  circumstances  of  the  Ayuntamiento,  applica- 
tion was  made  to  the  Governor  to  revoke  the  order  prohibiting  the  sale  of 
Pueblo  Lands  which  was  thus  effected: — 

"  Whereas  the  Ayuntamiento  of  the  Pueblo  of  San  Jose,  in  a  Memorial 
presented  to  the  undersigned  on  March  2, 1850,  hathshown  that  the  munic- 
ipal authorities  of  said  pueblo  were  in  great  want  of  funds  for  the  support 
of  the  police  of  said  place,  and  praying  for  the  revocation  of  so  much  of  the 
Order  of  the  Executive  of  January  2,  1850,  as  prohibits  the  sale  of  munic- 
ipal lands  of  said  pueblo.  Now,  therefore,  I,  Peter  H.  Burnett,  Governor  of 
the  State  of  California,  in  the  name  and  by  these  presents  revoke  and  set 
aside  the  said  Order  of  the  Executive,  dated  the  second  day  of  January  in 
the  year  of  Our  Lord  1850. 

"  Given  under  my  hand  this  fourth  day  of  March  in  the  year  of  Our  Lord 
1850.  ;,  Peter  H.  Burnett." 

It  may  be  stated  that  the  Governor  especially  approved  the  sale  of  lots  by 
letter  bearing  the  same  date.  On  March  9th,  the  Council  passed  the  follow- 
ing resolutions :  '  Tlmt  if  any  of  the  purchasers  of  the  lands  sold  by  order  of 
the  Ayuntamiento  be  legally  deprived  of  said  land  by  any  former  claim  the 
purchase  money,  without  interest,  shall  be  returned  to  them ; "  and  "  Be  it 
resolved  by  the  Ayuntamiento,  of  the  Pueblo  de  San  Jose',  that  the  First 
Alcalde  be  and  is  hereby  authorized  to  offer  or  cause  to  be  offered  for  public 
sale  in  the  town  of  San  Francisco  all  the  vacant  lots  known  as  the  north 
section  of  the  .survey ;  as  surveyed  by  Messrs.  Milner  and  White  b}^  order  of 
the  Ayuntamiento,  and  be  it  further  resolved  that  said  Alcalde  be  further 
authorized  to  make  out  deeds  in  the  same  manner  and  form  as  the  deeds 
made  out  in  this  pueblo,  and  receive  the  proceeds  of  said  sale  and  deposit  the 
said  proceeds  with  Messrs.  Bui'goyne  &  Co."  J.  D.  Hoppe  was  appointed  to 
give  public  notice  of  the  sale,  to  make  the  necessary  arrangements,  and 
requested  to  publish  in  the  name  of  the  Ayuntamiento,  a  notice  to  all  per- 
sons to  bewai-e  of  purcliasing  any  land  laid  off  into  lots  or  otherwise  lying 
between  the  pueblo  and  Santa  Clara  Mission  on  the  west  side  of  the  Guada- 
lupe, as  the  same  will  be  claimed  by  the  pueblo  authorities  under  the  title 
bearing  date  a.  d.  1783. 

The  total  value  of  taxable  city  property  as  per  the  assessment  roll  for  the 
year  1850,  was  two  million.s,  six  hundred  and  forty-five  thousand,  six  hun- 
dred and  twenty-five  dollars. 

Now  for  some  general  history.  The  most  exciting  circumstances  supposed 
to  have  occurred  during  the  year  1850,  was  the  reported  discovery  of  gold  in 
the  Coyote  creek.  This  startling  intelligence  was  bruited  abroad,  on  the 
morning  of  Sunday,  the  3d  Februar3^  There  was  a  general  stampede  to  the 
"hallowed"  spot;  pick-axes  and  shovels,  pans  and  kettles,  were  incontinently 
seized  by  Senators,  clerks,  and  loafers  alike,  and  carried  off  to  the  mines;  and 


SAN    JOSt   TOWNSHIP.  359 

what  a  result!  If  there  was  any  gold  it  was  never  found,  and  few  cared  to 
acknowledge  that  they  were  bitten  with  the  fever  so  near  home.  Another 
intense  excitement  was  a  race  which  took  place,  on  All  Fool's  Day,  between 
Andres  Pico  and  a  horse  from  Sonoma.  The  wager  was  ten  thousand  dollars, 
and  was  won  by  the  foreign  quadruped. 

Who,  among  those  pioneers  now  remaining,  will  forget  the  Fourth  of  July, 
1850,  the  first  celebration  of  Independence  Day  in  San  Jose?  The  interest 
felt,  on  the  auspicious  occasion,  was  intensified  by  ab.sence  from  the"  old  folks 
at  home,"  if  possible  made  keener  by  the  distance  which  separated  California 
from  the  civilized  world.  Mr.  Hall  records  the  doings  on  that  day,  in  these 
words:  "The  Hon.  William  Voorhees  delivered  the  oration.  James  M.Jones 
also  delivered  one  in  Spanish,  for  the  benefit  of  the  Mexicans  present.  Mr. 
Sanford  (lawyer  from  Georgia),  read  the  Declaration  of  Independence. 
Thirteen  young  ladies,  dressed  in  blue  spencers  and  white  skirts,  rode  on 
horseback,  followed  by  the  '  Eagle  Guards,'  commanded  by  Captain  Thomas 
White;  also,  five  hundred  citizens,  some  on  horseback,  some  in  carriages,  and 
some  afoot,  made  up  the  National  pageant,  that  wound  its  way  to  the  south 
of  the  town,  a  mile  or  more,  to  the  grove  near  the  Almaden  road.  And  there 
the  ceremony  w^as  performed  to  the  great  pleasure  and  pride  of  the  American 
settlers  in  this  new  country." 

During  this  year,  John  W.  Whisman  and  Ackley  &  Morri.'^on  established 
their  stage  lines  between  San  Francisco  and  San  Josd,  the  fare  being  "  two 
ounces,"  or  thirty-two  dollars,  but  the  roads  becoming  impassable,  at  the  end 
of  the  year  and  early  in  1851,  the  lines  were  withdrawn,  and  the  traffic  to 
San  Francisco  diverged  to  Alviso,  where  connection  was  made  with  the  two 
steamers  William  Robinson  and  New  Star.  In  this  year,  too,  the  first  Court 
House,  under  American  rule,  was  erected.  It  stood  on  Fir.st  sti-eet,  a  little  south 
of  Santa  Clara  street  and  opposite  Fountain  alley,  while  the  Juzgado  was 
torn  down,  and  the  adobes,  which  composed  its  classic  walls,  were  used  in  the 
construction  of  a  fine  house,  erected  at  the  north-east  corner  of  Market  and 
Santa  Clara  streets,  on  the  site  now  occupied  by  the  Great  American  Store 
of  T.  W.  Spring. 

In  this  year  was  started  the  fir.st  newspaper  in  the  county.  It  was  named 
the  Slate  Journal,  and  made  its  appearance  December  19,  1850,  under  the 
editorship  of  James  B.  Devoe.  It  ceased  to  exist  shortly  after  the  adjourn- 
ment of  the  Legislature  in  1851. 

The  year  1850  will  also  be  remembered  as  that  in  which  Mariano  Her- 
nandez escaped  from  the  custody  of  Sheriff"  Yontz,  while  being  taken  by  that 
officer  to  the  office  of  the  County  Judge.  Hernandez  had  been  indicted  in 
another  county,  for  the  murder  of  John  Foster,  whom,  it  is  said,  he  robbed 
of  gold-dust  to  the  amount  of  thirty  thousand  dollars,  report  averring  that 
he  had  killeil   another  man  also.     This  escape  resulted   in   the  holding  of  an 


3G0  HISTORY    OF    SANTA    CLAEA    COUNTY,    CALIFORNIA. 

immense  indignation  meeoing  on  First  street,  nearly  opposite  the  Mansion 
House,  and  threats  of  dire  vengeance  were  hurled  at  the  Judge  and  Sheriff, 
some  being  in  favor  of  lianging  both,  but  the  assemblage  dispersed  without 
the  commission  of  any  act  of  violence.  Crimes  were  more  numerous  in  the 
vicinity.  A  Mexican  was  slain  about  thi-ee  miles  from  town,  on  the  Almaden 
road,  and  on  December  loth,  E.  G.  Baker,  Digby  B.  Smith  and  Mr.  Wood 
were  murdered  and  their  bodies  burned  in  the  house  of  Mr  Bester,  near  the 
Los  Gatos  creek.  The  funeral  ceremony,  over  the  remains  of  the  deceased, 
held  by  Mr.  Brayton,  was  the  first  sermon  preached  in  the  new  Presbyterian 
Church,  which  stood  on  the  site  now  occupied  by  the  handsome  brick  edifice 
on  Second  street. 

1851. — On  the  26th  of  January  of  this  year  a  raih-oad  meeting  was  con- 
vened, and  on  February  3d  the  following  petition  was  presented  to  the 
Council,  and  fairly  evidences  the  spirit  which  then  pervaded  the  minds  of  the 
responsible  citizens  of  the  fast-rising  city:  "  Your  petitioners  would  respect- 
fully solicit  the  earnest  attention  and  consideration  of  Your  Honorable  Body 
in  regard  to  the  results  likely  to  be  effected  by  the  recent  passage  of  the  Act 
by  the  Legislature  for  the  removal  of  the  seat  of  government  of  the  State 
from  this  place.  In  the  estimation  of  your  petitioners  it  would  appear,  that 
although  the  evident  prosperous  destiny  of  our  city  cannot  be  defeated  by 
the  Act,  yet  the  present  rapidity  of  its  advancement  in  population  and  size 
must  be  seriously  impeded  by  the  uncomplimentary  impression  which  it 
must  convey  to  the  minds  of  those  who  have  never  visited  our  beautiful 
valley.  Besides  this,  the  investment  of  capital  and  the  emigration  of 
mechanics  and  laborers  which  the  erection  of  public  buildings  and  other 
improvements  must  necessarily  have  attracted  here,  and  which  in  them- 
selves would  have  created  life  and  business  activity  in  our  midst,  will  now 
be  directed  towards  Vallejo,  unless  some  other  influential  impetus  can 
be  brought  to  bear  upon  our  affairs,  which  will  oppose  this  ebbing  tide. 
This  your  petitioners  would  respectfully  submit  can  be  most  effectually 
accomplished  by  Your  Honorable  Body  encouraging  to  the  extent  of  your 
powers  the  execution  of  the  recently  agitated  enterprise  for  the  construction 
of  a  railroad  between  this  place  and  San  Francisco.  This  important  deside- 
ratum would  be  most  materially  enhanced  if  Your  Honorable  Body,  together 
with  those  liberal  citizens  of  this  city  and  Santa  Clara  who  so  generously 
contributed  to  the  proposition  lately  offered  to  the  State,  would  consent 
that  the  substance  of  the  said  proposition — being  rejected  by  the  State — 
should  be  subscribed,  at  a  fair  valuation,  to  the  said  contemolated  railroad. 
Your  Honorable  Body  will  at  once  perceive  the  immense  advantages  which 
must  result  from  such  a  course,  both  to  the  cit}'  and  individual  proprietors 
of  property  in  the  valley;  placing  as  it  does  the  practicability  of  this  scheme 
beyond  all  question,  the  salutary  influence  of  which  has  been  so  ably  and 


SAN   JOSI^.   TOWNSHIP.  oGl 

amply  shown  and  sustained  that  it  needs  no  argument  of  3'our  petitioners 
to  confirm.  Your  petitioners  would  further  remark  that  in  the  event  of 
the  passage  of  usury  laws  by  the  Legislature  such  an  enterprise,  from  its 
unimpeachable  promise  would  afford  so  alluring  a  temptation  to  capital- 
ists as  to  place  its  speedy  completion  beyond  the  probability  of  a  doubt.  A 
compliance  with  the  above  suggestion  must  also  be  plainly  manifest  to  Your 
Honorable  Body  involves  much  less  of  sacrifice  than  the  proposition  made 
to  the  State — the  value  of  the  subscription  being  passed  to  the  credit  of  the 
parties  in  the  railroad  stock — and  secure  a  much  more  important  end.  In 
hopes  this  may  meet  the  approbation  of  Your  Honorable  Body,  and  receive 
that  deliberation  and  action  at  your  hands  which  the  subject  merits,  your 
petitioners  will ;  etc."  Here  follow  the  names  of  Charles  Campbell,  Davis 
Devine,  E.  D.  Hammond,  James  B.  Devoe,  F.  L.  Post,  John  Barker,  H.  C. 
Melone,  Lewis  Po.st,  C.  T.  Ryland,  James  F.  Reed,  John  H.  Watson,  William 
B.  Stockton,  C.  P.  Hester,  T.  B.  Macina,  W.  Van  Voorhies,  George  W.  Ba- 
ker, J.  D.  Hoppe,  D.  P.  Belknap,  Isaac  Branham,  W.  B.  Thompson,  James  C. 
Cobb,  Josiah  Belden,  John  L.  Houston,  A.  Morrison,  P.  Quivey,  Hart  & 
Addis,  A.  F.  Coddington,  G.  A.  Dabney,  A.  S.  Caldwell,  H.  C.  Smith,  G.  B. 
Tin'dev,  Lewis  Corv,  L.  C.  Wasa,  A.  J.  Yates.  Three  davs  thereafter 
another  memorial  was  presented,  stating  that  several  large  meetings  had 
been  held  for  the  purpose  of  organizing  a  Railroad  Company  to  construct  the 
line  proposed;  that  an  Executive  Committee  had  been  appointed  to  take 
charge  of  all  preparatory  measures  for  the  organization  of  the  company  and 
the  solicitating  of  donations  of  the  right  of  way  through  lands;  and  that 
they  now  request  the  Council  to  donate  and  convey  to  the  Trustees,  desig- 
nated by  the  Executive  Committee,  on  condition  of  the  completion  of  the 
road  within  a  reasonable  time,  the  lots  and  lands  heretofore  proposed 
to  be  ceded  to  the  State  on  condition  of  this  place  being  fixed  upon  as 
the  permanent  seat  of  Government  of  this  State,  reserving  therefrom 
the  squares  known  as  Washington  and  St.  James  squares,  to  be  owned, 
held  and  used  for  the  use  and  benefit  of  said  company  when  organized;  or 
their  assigns,  together  with  the  right  of  way  on  the  land  of  the  city.  The 
petition  was  subscribed  to  by  upwai'ds  of  eighty  citizens. 

These  memorials  were  referred  by  the  Common  Council  to  a  committee, 
who  reported,  through  Mr.  Cory,  their  earnest  consideration  of  the  proba- 
ble result  of  the  recent  transfer  of  the  seat  of  Government  of  the  State,  and 
suggesting  a  subscription  to  a  railroad,  etc.  They  acknowledged  the 
immense  benefits  that  would  be  derived  from  a  connection  by  railroad 
between  the  cities  of  San  Francisco  and  San  Jose',  but  forbore  to  recom- 
mend any  subscription  until  the  Council  should  be  informed  whether  their 
heavy  indebtedness  incurred  for  the  benefit  of  the  State,  was  to  be  assumed 
bv  that  Government  or  the  authorities  of  the  county.     After  this  the  matter 


3G2  HISTORY   OF   SANTA   CLARA   COUNTY,   CALIFORNIA. 

of  railroads  would  appear  to  have  lain  dormant  until  it  was  resuscitated  on 
the  4th  October,  consequent  upon  the  receipt  of  a  petition  from  Davis  Devine, 
President  of"  the  Atlantic  and  Pacific  Railroad  Company,  praying  the  Cor- 
poration to  grant  to  it  the  right  of  way  through  any  of  the  alleys,  streets, 
or  public  squares  of  the  city  for  the  purposes  connected  with  the  construc- 
tion of  a  railroad.  Mr.  Aram  then  presented  an  ordinance  concerning  the 
same,  which,  on  motion  of  His  Honor,  Mayor  Belden,  was  I'eferred  to  a 
select  committee. 

The  calculations  for  the  building  of  a  railroad  between  San  Francisco  and 
San  Jos^  were,  at  the  time,  based  upon  the  amount  paid  out  over  the  route 
for  transportation  and  freight.  It  was  estimated  that  for  the  seven 
months  ending  January  31,  1851,  there  had  journeyed  between  the  two 
points  ten  thousand  five  hundred  pas,sengers,  who  had  expended  the  sum  of 
one  hundred  and  sixty-eight  thousand  dollars,  the  fare  being  sixteen  dollars 
each;  and  two  million  feet  of  lumber  to  Alviso,  the  embarcadero,  at  fifteen 
dollars  per  thousand.  Meeting  after  meeting  was  held,  though  no  official 
action  was  taken.  By  the  month  of  July,  fifty  thousand  dollars  had  been 
subscribed  ;  in  December  the  road  had  been  surveyed,  and  a  report  made  by 
the  civil  engineer,  William  J.  Lewis,  that  was  published  December  2G,  1851. 
The  cost  of  the  road  was,  at  the  time,  estimated  as  follows:  Con.struction  of 
road,  one  million  three  hundred  and  eighty-five  thousand  seven  hundred  and 
twenty-six  dollars  and  seventeen  cents;  buildings  and  fixtures,  forty-nine 
thousand  dollars;  running  furniture,  one  hundi-ed  and  four  thousand,  four 
hundred  dollars;  total,  one  million  five  hundred  and  thirty-nine  thousand 
one  hundred  and  twenty-six  dollars  and  seventeen  cents. 

We  will  here  resume  the  thread  of  our  narrative  in  regard  to  the  grant- 
ing  of  salary  to  the  Common  Council,  last  mentioned  on  page  351.  On  Jan- 
uaiy  20,  1851,  the  Common  Council  rejected  an  ordinance  providing  for  the 
payment  of  Aldermen,  for  their  services  from  November  11,  1850,  and,  at 
the  same  session,  another,  providing  for  the  salary  of  members  of  the  Com- 
mon Council,  at  sixteen  dollars  a  meeting,  when  in  attendance,  "said  salary 
to  commence  in  conformity  with  an  ordinance  heretofore  passed,"  from  the 
time  of  their  election  to  office  was  adopted,  by  the  following  vote :  Ayes — 
Messrs.  Gairison,  Shereback,  and  Clement;  noes — Alderman  Curl.  On  the 
27th,  the  ordinance  was  returned  by  Mayor  Belden,  unsigned,  with  the  fol- 
lowing remarks :  "  The  accompanying  oi'dinance  providing  for  the  payment 
of  salaries  to  the  members  of  the  Common  Council  having  been  presented  to 
me  for  approval,  I  deem  it  my  duty  to  decline  approving  it  for  the  following 
reasons :  First,  the  fact  that  the  finances  of  the  city  are  at  present  in  such  , 
an  embarrassed  condition  that  it  a[)pears  almost  impossible  to  obtain  means 
of  liquidating  the;  obligations  already  outstanding  against  the  city;  therefore 
it  appears  to  me  unwise,  as  a  public  measure,  to  heap  increased  indebtedness 


SAN   JOSl^:   TOWNSHIP.  363 

upon  an  exhausted  treasury,  when  there  are  no  visible  means  of  discliarg- 
ing  it.  I  think,  under  such  circumstances,  no  further  expense  should  be 
incurred  than  what  is  required  by  absolute  necessity  for  the  public  good. 
Second,  the  payment  of  salaries  to  Members  of  the  Council  is  a  measure 
which  I  believe  never  was  contemplated  in  the  establishment  of  the  munic- 
ipal government  of  the  city — which  is  contrary  to  custom  in  all  cities  of 
which  I  have  any  knowledge — which  is  entirely  unauthorized  by  any  pro- 
visions of  the  City  Charter,  and  which,  I  have  reason  to  believe,  was  not 
expected  by  the  members  of  the  present  Council  at  the  time  they  were 
elected  to  office.  I  think,  moreover,  that,  as  an  ordinance  to  nearly  the  same 
effect,  which  was  passed  some  time  since,  has  been  recently  repealed,  it  seems 
to  show  an  inconsistency,  and  want  of  stability,  in  legislation,  to  re-enact  a 
law  soon  after  its  annulment.  If  the  finances  of  the  city  were  in  a  more 
flourishing  condition,  I  might  not  urge  any  objections  against  the  Members 
of  the  Council  receiving  a  reasonable  compensation  for  their  services;  but 
while  the  city  is  unable  to  pay  her  debts,  or  furnish  bread  and  meat  to  her 
suffering  poor,  I  think  the  creation  and  payment  of  salaries  not  contem- 
plated by  the  City  Charter,  or  the  citizens  themselves,  is  a  measure  that 
might  be  dispensed  with.  I,  therefore,  for  the  reasons  above  stated,  feel 
compelled  to  return  the  ordinance  referred  to,  without  the  sanction  of  my 
approval." 

Notwithstanding  the  condemnation  of  the  measure  quoted  above,  Alder- 
man Garrison,  March  4th,  offered  an  ordinance  "to  entitle  each  member  of 
the  Common  Council  to  draw  upon  the  City  Treasury  for  sixteen  dollars  for 
each  night  of  service,  and  in  cases  of  absence,  to  receive  pay  only  when 
the  excuse  rendered  should  be  accepted  by  a  majority  of  the  members." 
Thereupon  ensued  a  discussion  between  Aldermen  Cory,  Curl,  and  Garrison, 
when  the  last-named  gentleman  asked  and  obtained  leave  to  withdraw  the 
ordinance,  which,  with  the  addition  of  some  amendments,  he  once  more  pre- 
sented for  acceptance,  On  motion  of  Mr.  Shereback  to  adopt,  the  ayes  and 
noes  being  ordered,  resulted  as  follows :  Ayes — Messrs.  Curl,  Clement,  Gar- 
rison, Hanks,  and  Shereback  ;  noe.s,  Mr.  Cory.  It  was,  in  due  time,  trans- 
mitted to  Mayor  Belden,  and  by  him  returned,  with  the  following  message  : 
"As  this  is  the  fourth  ordinance  of  the  same  nature  that  has  been  presented 
to  me,  and  as  1  have  on  former  occasions  stated  my  objections  to  the  ordi- 
nance, it  appeal's  unnecessary  to  I'epeat  them  again  at  this  time.  I  do  not  see 
the  necessity  of  going  through  the  same  course  of  proceedings  several  times  in 
succession.  When  the  former  ordinance  was  returned  with  my  objections, 
it  was  at  the  disposition  of  the  Council  to  reconsider  the  vote,  and  pass  it, 
according  to  the  provisions  of  the  City  Charter,  or  not,  as  they  thought 
proper.  As  that  was  not  done,  and  as  the  same  objections  still  exi.st,  I  feel 
compelled  to  return  the  ordinance  without  my  approval,  on  the  ground  that 


364  HISTORY    OF    SANTA    CLARA    COUNTY,   CALIFORNIA. 

the  state  of  the  city  finances  will  not  justify  it,  and  that  it  is  not  sanctioned 
by  the  City  Charter."  Even  now  the  affair  was  unended.  A  resolution, 
introduced  on  April  3d,  by  Alderman  Cory,  to  disentitle  the  members  from 
receiving  pay  for  their  services  in  the  Council,  was  rejected;  but  a  motion, 
having  the  like  end  in  view,  offered  by  Alderman  Curl,  was  adopted  on  the 
same  date.  It  then  became  the  custom  for  the  motion  to  be  made  at  each 
season  "that  the  members  receive  no  compensation  for  this  meeting,"  until,  on 
the  19th  of  April,  the  following  proceedings  were  had:  "An  ordinance  to 
repeal  the  ordinances  of  March  10th,  and  May  18th,  which  established  the 
salaries  and  fees  of  city  officers,  and  granted  compensation  to  Alembers  of  the 
Council,  was  proposed  by  Alderman  Cory,  and,  on  motion  of  Alderman 
Belden,  adopted." 

The  following  statement  in  ^regard  to  the  revenue  of  the  city  was  sub- 
mitted and  adopted,  Japuary  27,  1851,  on  presentation  of  the  reports  of  the 
Treasurer,  Collector  and  Clerk  of  Council :  "  That  it  was  impossible  for  the 
committee  to  strike  an  accurate  balance  between  the  receipts  and  expendi- 
ture of  the  city  owing  to  the  failure  of  one  of  the  former  clerks  to  record 
the  amounts  of  certain  bills  which  wei'e  audited  by  the  Council ;  t'.iat  from 
the  amount  of  data  in  their  possession  they  were  enabled  to  produce  the  fol- 
lowing results: — 

City  Income  for  year  ending  January  4,  1851 $37,350  30 

City  Expenditure  for  one  year  ending  January  4,  1851 37,100  04 


Amount  of  credit  of  City $253  26 

Included  in  above  amount  of  expenditure  was  seven  thousand  five  hundred 
dollars  for  claims  incurred  during  the  previous  year  by  the  Ay untamiunto 
and  paid  by  the  present  Council  from  out  of  the  revenue  of  the  present  year." 
On  April  12th,  the  total  amount  of  taxes  collected  to  date  was: — 

Real  estate  and  Personal  property $26,783  00 

License  tax 13,326  00 

Taxes  on  " Five-hundred-acre  lots" 174  50 


Total $40,283  50 

On  April  15th,  the  financial  state  of  the  City  was: — 

Receipts  of  Revenue  amounted  to   $42,236  38 

Disbursements 17,640  87 


$59,877  25 

Various  expenses $50,090  56 

Redeemed  scrip   9,729  69 

$59,820  25 


Balance  in  Treasurer's  hands $57  00 


SAN   JOSl^    TOWNSHIP.  3G5 

There  was  also  due  on  this  date S23,000  00 

Scrip  outstanding 7,010  00 

Total S3(),010  00 

Of  municipal  appointments  made  in  the  year  1851  prior  to  thu  election  of 
the  Corporation  in  April,  we  find  that  on  Januar}^  7th,  D.  H.  Mason  was 
elected  Clerk  of  Council  vice  Bartlett  resigned;  January  20th,  Joseph  Simp- 
son was  ai)pointeJ  to  the  same  office  in  place  of  D.  H.  Mason  resigned;  and 
on  April  loth,  the  general  election  for  city  officers  was  held  with  the  fol- 
lowing result:  Mayor,  Thomas  W.  White;  Common  Council,  Joseph  Aram, 
J.  B.  Devoe,  (appt.  President)  Ben  Cory,  H.  C.  Melone,  J.  M.  Murphy,  Josiah 
Bclden,  Jacob  I).  Hoppe;  Attorney,  John  H.  Watson;  Assessor,  Charles  E. 
Allen;  Treasurer,  Frank  Lightston;  Marshal,  George  W.  Whitman,  Clerk, 
J.  Simpson. 

On  April  19th,  His  Honor,  Mayor  White  addressed  the  following  message 
to  the  Common  Council:  "  Gentlemen. — I  regret  that  the  shortness  of  time 
before  me  and  the  difficulty  of  immediately  perceiving  the  best  course  of 
action  to  be  pursued  in  relation  to  the  duties  upon  which  we  are  just  enter- 
ing renders  this  communication  briefer  and  more  general  than  it  would  have 
been  under  other  circumstances.  I  shall  therefore  merely  invite  3'our  atten- 
tion to  such  subjects  as  require  the  earliest  action. 

I  perceive  that  heretofore  there  has  existed  in  the  city  offices  such  a  want 
of  order  and  system  in  keeping  books  and  papers  as  to  be  productive  of 
much  inconvenience  if  not  loss — I  would  therefore  recommend  that  the 
Clerk,  together  with  some  individual  acquainted  with  the  Spanish  language, 
be  employed  to  collect  as  soon  as  possible  all  the  books  and  papers  belonging 
to  the  city  government,  and  properly  file  and  arrange  them  in  cases  well 
secured. 

And  I  would  further  suggest  that  such  a  method  be  hereafter  pursued  in 
the  various  offices  as  will  ett'ectually  guard  against  the  present  confused  and 
insecure  state  of  the  city  archives. 

I  would,  moreover,  recommend  that  regulations  be  adopted  mere  particu- 
larly specifying  the  time,  manner,  and  form  of  every  officer's  report. 

Although  the  indebtedness  of  the  city  is  great,  and  the  most  rigid  economy 
consistent  with  safety  should  be  pursued,  yet,  I  am  convinced  that  a  small 
police  force  should  be  constantly  employed.  Crime  and  disorder  are  becom- 
ing so  common  that  unless  adequate  means  be  employed  to  enforce  the  lawj 
the  very  object  of  the  city  government  must  be  defeated.  Certainly  a 
night-police  should  be  employed. 

I  would  recommend  tliat  the  present  rate  of  taxation  (one  per  centum)  be 
continued,  as  the  assessment  for  this  year  will  be  so  much  lower  than  for  the 
last,  as  even  at  the  present  rate  to  produce  too  small  a  revenue.  I  shall  soon 
communicate  with  you  in  regard  to  licenses. 


366  HISTORY    OF   SANTA    CLARA    COUNTY,    CALIFORNIA. 

I  would  suggest  that  hereafter  no  more  issues  of  scrip  be  made — more 
than  eight  thousand  dollars  are  now  in  circulation — and  I  would  recommend 
that  if  any  interest  is  hereafter  to  be  paid  on  audited  bills,  that  the  rate  be 
reduced. 

1  would  further  suggest  that  the  ordinance  prohibiting  the  sale  of  spir- 
ituous liquors  to  Indians  be  more  fully  and  clearly  defined. 

I  would  recommend  that  at  an  early  date  the  city  prison  be  better  venti- 
lated and  that  the  door  be  rendered  more  secure,  as  in  its  present  condition 
it  can  easily  be  thrown  down. 

Under  our  charter  it  is  very  doubtful  whether  a  chain-gang  can  be  made, 
and  although  our  streets  require  much  working,  we  must  at  present  resort 
to  some  other  method  than  by  working  prisoners  upon  them. 

I  would  respectfully  urge  that  a  Fire  Department  be  immediately  organ- 
ized, and  if  necessaiy  that  an  engine  and  other  apparatus  be  procured— but 
there  is  reason  to  believe  that  the  public  spirit  of  our  citizens  will  render  any 
outlay  by  the  city  in  this  matter  unnecessary. 

The  city  of  San  Jose',  it  is  believed,  has  valuable  property  in  lands  outside 
of  its  limits,  but  as  no  certain  action  can  be  taken  in  relation  to  it  until  the 
original  titles  are  procured,  I  would  recommend  that  the  City  Attorney  be 
directed  immediately  to  cause  a  thorough  search  to  be  made  for  them  in  the 
archives  in  this  place,  and  at  Benicia  and  Mimterey;  and  if  necessary  to 
apply  to  our  Minister  at  Mexico  for  authenticated  copies  of  the  original 
grant,  and  other  papers  and  documents  in  any  manner  touching  this  impor- 
tant subject,  and  that  he  report  to  Your  Honorable  Body  at  the  earliest  period. 
I  deem  this  a  matter  of  the  greatest  importance  and  trust  that  no  labor  will 
be  spared  in  urging  this  investigation  with  energy. 

In  concluding  this  hasty  communication  allow  me  to  add,  gentlemen,  that 
I.  am  gratified  in  knowing  that  the  intelligence  of  Your  Honorable  Body, 
and  your  sincere  desire  to  promote  the  greatest  public  good  cannot  fail  to 
command  the  approval  and  admiration  of  your  fellow-citizens;  even  if,  in 
the  discharge  of  your  duty  you  may  occasionally  conflict  with  the  private 
interests  of  individuals. 

When  a  railroad  communication  (now  so  generally  desired)  shall  unite  our 
beautiful  valley  with  the  great  mart  of  our  State,  thereby  facilitating  its 
agricultural  development,  it  will  only  remain  with  you  to  so  direct  the 
affairs  of  our  city,  as  to  make  it  one  of  the  most  desirable  residences  in  this  or 
any  other  countr}-. 

In  every  measure  which  has  in  view  this  object,  or  which  will  add  to  the 
prosperity  of  our  city,  increasing  its  resources,  insuring  its  health  and* safety, 
or  contributing  to  its  beauty  or  morality,  I  assure  you  of  my  hearty  co-oper- 
ation." 

January  27,  1851,  there  was  passed  an  ordinance,  by  the  Council,  whereby 


SAN   J0Sl5   TOWNSHIP.  307 

it  was  ])ropose(l  to  donate  both  St.  James  and  Washington  sijuares  to  the 
State  on  condition  that  San  Jos^  should  be  made  the  permanent  seat  of 
government,  but  to  no  good  effect.  April  19th,  a  committee  was  appointed 
to  draft  amendments  to  the  charter;  on  May  3d,  a  resolution  tendering 
their  thanks  to  the  Senate  for  their  "  munificent  gift"  to  the  city,  of  the 
Senate  Chamber,  inti'oduced  by  Alderman  Murphy,  was  adopted  by  the 
Council ;  on  June  11th,  the  resignation  of  Alderman  Devoe  was  received,  who 
was  succeeded  by  William  Aikenhead,  on  the  10th  July;  and  on  September 
17th,  the  following  extraordinary  petition,  in  favor  of  gambling  on  the  Sab- 
bath, was  received  from  Francisco  Carrillo:  "To  the  Honorable  Md/jor  and 
Common  Council  of  the  City  of  San  Jose': — Your  memoiialist,  Francisco 
Carrillo,  a  resident  of  this  place  and  proprietor  of  the  public  saloon,  known 
as  the  Mina  de  Oro,  respectfully  prays  that  the  prohibition  now  existing 
against  games  of  hazard  being  pursued  on  the  Sabbath  day,  be  repealed  by 
the  action  of  Your  Honorable  Body,  and  as  grounds  for  his  petition,  he  begs 
leave  to  set  forth  the  following  reasons : — 

"  Sunday  is  a  day  not  only  of  rest  and  relief  from  the  labors  of  the  week, 
but  to  many  it  is  a  day,  out  of  the  seven,  the  most  appropriate  for  the  pursuit 
of  pleasure  and  amu.sement. 

"  There  are  many  persons,  now  residing  in  our  midst,  who  look  upon 
gaming  in  a  far  different  light  from  that  of  the  stern  moralist,  ami  they 
fondly  regard  it  as  the  favorite  occupation  of  the  Sabbath  day.  They  become 
aware  that  on  this  day  it  is  forbidden  within  our  municipal  limits,  but  this 
circumstance  does  not  either  prevent  or  deter  them  from  engaging  in  this, 
their  most  highly-prized  pastime.  Some  go  to  the  neighboring  town  of 
Santa  Clara,  where  the  prohibition  does  not  exist ;  others  choose  the  Mission 
of  San  Jose' ;  while  many  form  parties,  who  depart  from  the  town  on  the 
approach  of  Sunday  and  entertain  their  usages  an<l  desires  in  this  recreation, 
in  places  Avhere  they  are  able  to  wink  at  the  provisions  of  a  municipal  ordi- 
nance. The  mone}^  which  changes  hands,  and  circulates  through  the  medium 
of  games  of  hazard,  is  really  a  loss  of  considerable  moment,  when  this  amuse- 
ment is  pursued  elsewhere  ;  and  the  truth  of  the  as.scrtion  does  not  admit  of 
a  doubt,  from  the  fact  that  since  this  prohibitory  ordinance  went  into  force, 
the  scarcity  of  money  has  been  ten-fold  more  manifest. 

"  In  addition,  there  is  another  important  necessity  for  the  repeal  of  this 
extremely  moral  ordinance,  which,  although  it  be  a  reason  that  emanates 
from  the  same  source,  it  is  of  a  different  nature  from  those  preceding.  The 
inhabitants  of  southern  climates,  not  only  those  who  spring  from  Spanish  origin, 
but  also  those  who  have  emigrated  from  the  Southern  States  of  the  American 
Confederacy,  have  followed  this  pastime  on  all  days  of  the  week,  from  time 
immemorial;  it  is  with  them  an  established  custom,  and  consequently  an 
occupation  and   pleasure  which  they  cannot  abstain  from,  nor  is  it  likely  or 


308  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

possible,  when  the  example  and  inclinations  of  their  race  have  changed  this 
practice  into  a  fixed  and  immovable  eharasteristic  of  their  nature,  for  them 
to  forego  the  attraction  of  the  amusement,  and  bow  obedience  to  the  repug- 
nant doctrines  of  this  municipal  law.  The  lav/  may  ba  enforced  within  the 
city  limits  with  the  utmost  vigor  and  diligence;  b  it  boyon  1,  gaming  will 
inevitably  exist,  followed  by  those  who,  from  their  birth,  have  been  accus- 
tomed to  its  presence. 

"  It  is  also  the  belief  of  our  memorialist  that  the  prohibitory  law  of  this  city 
against  gaming  on  the  Sabbath,  has  the  honor  of  occupying  an  isolated  posi- 
tion, or  in  other  language,  being  the  only  one  in  force  in  this  State,  and  pro- 
viding for  the  removal  of  a  pursuit  which  the  Cilifornian  Legislature  up  to 
the  present,  have  not  thought  proper  to  interfere  with.  There  is  another 
belief  entertained,  not  only  by  the  writer  of  this  memorial,  but  by  many 
prominent  and  affluent^ citizens  of  this  place,  that  while  gaming  is  forbidden 
on  the  Sabbath  by  our  municipal  regulations,  there  exist  well-founded 
objections  for  many  who  would  otherwise  visit  our  city,  and  perhaps  select 
it  as  a  place  of  residence.  Your  Honorable  Body  is  well  aware,  that  there 
are  many  who  loudly  vent  their  displeasure  and  spleen  against  the  disagree- 
able monoton}^  of  a  Sunday  here  in  our  city,  that  they  utter  their  discontent 
in  a  variety  of  disordered  exclamations  and  anathemas,  condemning  thesime 
ordinance  in  question;  the  native  farmers  and  rancheros,  invariably  depart 
for  their  homes  as  soon  as  their  religious  duties  are  discharged,  when,  other- 
wise they  would  continue  here  daring  the  remainder  of  the  day.  Our  city 
is  clothed  with  a  soulless  and  gloomy  appearance  on  this  day,  which  your 
memorialist  sincerely  believes  results  from  the  moral,  though  ruinous,  effects 
of  this  ordinance.  Then,  agiin,  those  who  are  unwilling  to  remain,  or  even 
visit  our  city,  are  they  who  have  scattereJ  their  money,  in  profusion,  in  our 
midst,  and  given  to  the  business  of  the  place  its  most  vigorous  impetus  in 
the  last  three  years.  This  fact  is  well  comprehended  by  the  business  mem- 
bers of  Your  Honorable  Body,  and  although  morality  forbids,  policy  should 
dictate  the  repeal  of  a  regulation  so  obnoxious  to  the  inclinations  of  a  p  irb  of 
the  inhabitants  of  this  State,  who  have  materially  benefited  and  still  may 
benefit  our  newly  incorporated  city. 

"  Your  memorialist  would  also  respectfully  represent  that  the  license  taxes, 
imposed  by  the  laws  of  this  city,  are  exceedingly  burdensome,  and  that  Sun- 
day is  the  only  da}'  of  any  certain  or  considerable  profit  to  himself,  and  to 
others  who  follow  the  business  of  keeping  public  saloons,  and  its  respective 
business  must  discontinue,  will  be  the  inevitable  result ;  and,  if  such  be  the 
fate  of  these  houses  of  resort,  the  members  of  Your  Honorable  Body  can 
readily  perceive  that  the  pernicious  effects  of  this  ordinance,  will  be  to  deal 
a  death-blow  to  the  whole  of  the  business  of  the  city.  Even  if  it  effects 
nothing  more  than  to  cause   the  saloons  to  discontinue  their  operations   this 


''  •  '  '    YORK 

l^fio.aC  LIBHARY 


ASTOK,    Li^NOX   AND 
TIL6CN   FOUN«!ATlONS. 


SAN    JOSI^    TOWNSIIH'.  369 

will  deprive  the  City  Tieasury  of  a  considerable  amount  of  license  taxes 
monthly,  not  to  mention  those  persons  who  may  determine  to  allow  their 
money  to  circulate  elsewhere.  Your  memorialise  would  liumbly  but  firmly 
represent  to  Your  Honorable  Body,  that  he  must  either  brini(  his  business  to 
a  close  or  l)e  allowed  to  have  gaming  in  his  house  on  Sunday.  He  is  now 
disbursing  money  in  the  place  of  deriving  any  proceeds,  and,  moreover,  he  is 
obliged  to  pay  over  to  the  City  Treasury  a  considerable  sum  monthly  to  defray 
his  license  taxes. 

"  There  are  numerous  I'easons  with  which  he  could  justify  his  memorial, 
but  your  memorialist  is  well  convinced  that  this  communication  is  already 
too  lengthy.  He  is  aware  that  it  will  not  be  policy  to  exhaust  your  patience, 
and  he  also  comprehends  the  fact  that  the  bitter  truth  of  this  memorial,  does 
not  exactly  coincide  with  the  moral  and  prejudiced  views  of  a  limited  num- 
ber of  vour  constituents. 

"  All  of  which  is  respectfully  submitted." 

A  committee  appointed  to  examine  into  the  establishment  of  a  market 
place,  on  the  1st  October  reported  that,  in  their  opinion,  Santa  Clai-a  street, 
east  of  First  street,  would  be  the  most  suitable  place  for  the  location  of  a 
public  maiket,  and  recommended  the  erection  of  a  building,  thirty  by  one 
hundred  feet,  the  probable  cost  of  which  would  be  about  fifteen  hundi-ed 
dollars,  five  hundred  of  which  it  was  believed  could  be  raised  by  subsciip- 
tion.  It  was  further  suoraested  that  the  building  should  be  divided  into 
thirteen  stalls,  at  a  rental  of  sixteen  dollars  a  month  each,  and  thus  in  a 
little  time  repay  the  money  expended,  and  afterwards  yield  a  revenue  to  the 
city.  Proposals  for  the  erection  of  such  a  structure  were  thereupon  ordered; 
and,  October  loth,  permission  was  ai?ked  of  Mr.  Fannen  "  to  lay  pipes  beneath 
the  streets  through  which  to  introduce  fresh  water  into  the  city." 

We  last  heard  of  the  Pueblo  Lands  on  page  357;  let  us  continue  the  sub- 
ject as  found  in  the  proceedings  of  the  Mayor  and  Common  Council. 

On  March  31,  1851,  an  ordinance  was  proposed  by  Dr.  Cory,  and  adopted, 
to  appoint  a  Commission  to  obtain  information  in  relation  to  the  original 
grant  of  land  made  to  the  Pueblo  de  San  Jos^  de  Guadalupe  by  the  Viceroy 
of  Spain;  and  on  April  3d  the  following  message  accompanying  the  "Ordi- 
nance to  establish  the  title  of  the  City  of  San  Jos^  to  lands,"  was  received 
from  the  Mayor  :  "  The  accompanying  ordinance  providing  for  the  appoint- 
ment of  a  Commission  to  investigate  the  land  claims  of  this  city  liaving 
been  presented  to  me  for  consideration,  I  have  to  state  that  the  objects  and 
general  tenor  of  the  ordinance  meets  my  cordial  approval;  but  I  think  .souie 
amendments  might  be  made  to  it  before  it  becomes  a  law,  which  would  be 
beneficial.  I  would  suggest  that  it  might  be  amended  so  as  to  provide  that 
the  Mayor  and  President  of  the  Council  be  ex  officio  members  of  the  Com- 
mission ;  that  the  Commission  be  required  to  report  from  time  to  time  to 
24 


370  HISTORY    OF   SANTA    CLARA    COUNTY,    CALIFORNIA. 

the  Council  the  state  and  progress  of  their  investigations,  and  that  after 
having  procured  all  the  documentary  evidence  and  information  possible  upon 
the  subject,  they  lay  the  same  before  the  Council,  and  that  the  Council  shall 
then  direct  the  Commission  to  make  application  in  proper  form  to  the 
United  States  Commissioners  to  confirm  to  the  City  of  San  Jose  all  the 
land  which  it  shall  appear  to  the  Council  that  the  city  is  justly  entitled  to. 
I  think  some  provision  of  that  kind  would  be  proper,  to  guard  against  any 
undue  influence  being  exercised  in  deciding  between  the  claims  of  individu- 
als and  the  claims  of  the  city.  With  these  few  suggestions  I  return  the 
ordinance  for  your  further  consideration."  On  motion  of  Mr.  Cory,  the 
message  was  laid  upon  the  table  and  the  vote  upon  the  ordinance  reconsid- 
ered. Upon  the  question.  Shall  the  Bill  pass?  It  was  lost  by  the  following 
vote:  Ayes — Alderman  Garrison;  noes — Aldermen  Cory,  Curl,  Clement  and 
Hanks.  .  Mr.  Cory  thereupon  introduced  "  An  ordinance  to  appoint  a  Com- 
mission to  investigate  and  establish  the  claims  of  the  City  of  San  Jos^  to  lands," 
which  was  passed  as  amended  by  the  suggestions  of  the  Mayor.  On  the  19th 
the  City  Attorney  made  this  report:  "  By  Royal  ordinance  of  the  King  of 
Spain  in  the  year  1775,  Felipe  de  Neve  was  commissioned  to  make  regula- 
tions for  the  Provinces,  amongst  other  things  he  founded  the  pueblo  in  1777, 
established  in  1779  regulations  which  were  approved  in  1781  by  the  King  and 
directed  to  the  Viceroy  of  New  Spain,  now  Mexico.  From  the  foregoing- 
there  can  be  no  doubt  but  that  all  the  documents  necessary  to  establishing 
the  bounds  may  be  found  in  Mexico.  In  addition  1  find  in  the  "  Recupilacion 
De  Indies"  that  a  Pueblo  is  entitled  to  "  cuatro  Leguas  en  candro."  This  is 
rendered  differently  by  different  translations;  some  think  it  is  four  square 
leagues,  others  sixteen  square  leagues.  I  shall  examine  at  Benicia,  ten  days 
hence,  the  archives,  where  I  have  reason  to  believe  important  papers  exist 
touching  the  rights  of  the  Pueblo."  In  the  meantime  a  new  Corporation 
was  installed  in  office,  Mr.  White  occupying  the  Civic  Chair.  On  the  30th 
April  he  declined  to  accede  to  a  dissolution  of  the  inj  unction  upon  the  sale 
of  city  property,  retaining  his  reasons  for  so  doing  until  some  future  occa- 
sion. Pending  the  receipt  of  these,  on  motion  to  reconsider  the  vote  by 
which  the  ordinance  was  passed,  on  being  introduced  by  Alderman  Belden, 
was  adopted ;  the  question  then  recurring :  "  Shall  the  ordinance  pass, 
notwithstanding  the  objections  of  the  Mayor?"  it  was  carried  by  the  follow- 
ing vote:  Ayes — Aldermen  Aram,  Belden, Hoppe,  Murphy;  noes — Alderman 
Melone.  On  May  3d  the  "Resolution  to  Dissolve  Injunction"  was  received 
from  His  Honor  the  Mayor  with  his  promised  remarks:  "  I  return  to  Your 
Honorable  Body  the  resolution  adopted  April  23,  1851,  directing  the  City 
Attorney  to  procure  a  dissolution  of  the  injunction  upon  the  sale  of  city 
propel  ty  as  soon  as  practicable:  •  First,  The  interest  of  the  city  requires  a 
postponement  of  the  sale.     Second,  The  city  is  entitled  to  all  legal  advantage 


SAN    JOS£    TOWNSHIP.  371 

when  suing  or  being  sued  in  a  Court  of  Justice.  Third,  Tlie  granting  of 
the  injunction  implies  that  either  informality,  an  agreement,  or  injustice 
exists;  and  until  said  injunction  is  dissolved  by  due  course  of  law,  I  feel 
bound  (as  one  of  the  conservators  of  the  city's  rights)  to  respectfully  dissent 
fi'om  the  resolution."  On  the  foregoing  being  read  it  was  moved  by  Dr. 
( 'Ory,  and  carried,  that  the  vote  by  which  the  resolution  was  pas.sed  be 
reconsidered.  The  question  then  recurring  upon  the  passing  of  the  resolu- 
tion, despite  the  objections  of  the  Mayor,  it  was  adopted,  by  the  following 
vote:     Ayes — Aldermen  Cory,  Hoppe,  Mui-phy,  President;  noes — none. 

On  the  7th  May  a  communication  was  received  from  the  Mayor  advising 
the  immediate  necessity  of  investigating  the  title  of  the  city  to  lands;  and 
recommending  in  relation  to  the  anticipated  Sheriff's  sale,  of  city  property, 
that  the  Council  direct  the  same  to  be  sold  in  small  quantities,  and  have 
notice  of  the  sale  made  in  the  most  important  cities  of  the  State,  and  that 
only  as  much  should  be  sold  as  would  pay  off  the  amount  of  execution;  and 
further  recommending  that  the  City  Attorney  be  directed  to  inquire  into  the 
probable  forfeiture  and  revocation  of  some  of  the  "  Five-hundred-acre"  tracts. 
The  City  Attorney,  on  this  date,  presented  a  report  stating  that  he  had  pro- 
cured the  dissolution  of  the  injunction  against  the  sale  pf  the  city  property, 
and  the  delay  of  another;  and  recommended  that  suit  be  brought  against  the 
Court  of  Sessions  for  the  balance  of  purchase  money  due  on  Court  House. 
May  14th,  a  resolution  was  submitted  by  Alderman  Melone  to  appoint  a  commit- 
tee to  investigate  the  transactions  concernino-  the  sale  of  town  lots  for  taxes 
last  year  (1850),  upon  which  the  vote  was  three  for,  and  two  against.  The 
City  Attorney  reported  on  the  sale  of  town  lots  for  taxes,  and  that  the  prop- 
erty of  many  persons  were  sold  by  the  Marshal  to  D.  Devine  as  the  highest 
bidder;  that  time  had  been  allowed  them,  by  the  sanction  of  the  former 
Mayor,  to  pay  for  the  same;  that  the  whole  amount  had  been  paid  into  the 
Treasury,  and  though  not  precisely  in  accordance  with  law,  the  city  had 
suffered  no  detriment  therefrom;  and  on  the  IGth,  a  message  was  received 
from  the  Mayor  advising  that  publicity  in  all  the  important  cities  of  the 
State  in  regard  to  the  expected  sale  of  city  pi-operty  by  the  Sheriff  should 
be  given. 

On  July  17th,  the  deed  of  certain  town  lots  and  public  squares  from  James 
F.  and  Margaret  Reed  to  the  city  was  read  at  a  meeting  of  the  Common 
Council.  Mr.  Melone  stated  that  the  property  had  been  purchased  by  Mr. 
Reed  at  the  Sheriff's  sale  of  city  property  sometime  previous,  and  that  for 
the  benefit  of  the  city  he  was  willing  to  make  a  return  of  them  to  her  in 
trust,  for  the  same  amount  as  he  had  paid  for  them  at  such  sale.  Mr.  Cory 
offered  a  resolution  accepting  of  the  deed  of  J.  F.  Reed  and  releasing  him 
from  an  indebtedness  of  some  fifteen  hundred  dollars,  a  little  more  or  less, 
the  same  being  due  by  him    to  the   Sheriff's  sale,  the  land  being  now  the 


372  HISTORY   OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

property  of  the  city.  The  resolution  was  adopted,  reconsidered  and  finally 
accepted,  instructions  being  given  to  have  the  instrument  recorded,  when  the 
Mayor's  approval  had  been  received.  This  it  did  not  receive,  as  the  follow- 
ing remarks  made  on  the  22d  will  testify:  "  I  believe  that  the  interests  of 
the  city  would  be  more  advanced  by  a  sale  of  the  above  pi-operty,  and  there- 
fore respectfully  withhold  my  assent  from  the  above  resolution."  The  whole 
matter  was  laid  on  the  table  for  the  present,  from  which  it  was  taken  on  the 
6th  August,  on  the  motion  of  Alderman  Cory,  when  the  vote  was  reconsidered 
and  carried,  the  Mayor's  veto  notwithstanding. 

Mr.  Belden  offered  an  ordinance,  October  18th,  authorizing  the  Mayor  to 
deed  to  J.  Aram  one  hundred  and  fifteen  lots  redeeded  by  James  F.  Reed  to 
the  city,  to  be  devoted  to  the  defraying  of  expenses  arising  out  of  the  loca- 
tion of  the  State  Capital  at  San  Jose;  and,  on  the  same  date,  at  the  instigation 
of  Alderman  Melone,  a  tesolution  was  adopted  calling  upon  the  Mayor  to  collect 
of  the  Sheriff  of  Santa  Clara  county  the  balance  due  to  the  city,  on  account 
of  sale  of  city  lands,  which  was  duly  received  from  the  Mayor,  accompany- 
ing a  statement  of  settlement  made  November  5,  1851,  as  follows:  Statement 
of  the  settlement  between  John  Yontz,  Sheriff  of  Santa  Clara  county,  and 
Thomas  White,  Mayor  of  San  Jose,  November  5,  1851: — 

J.  Belden,  Aram,  Reed,  Trustees  of  P.  Quivey, 

To  F.  LiGHTSTON,  et  at. 

Amount  of  sale  made  March  12,  1851 %  2,108  28 

Amount  of  sale  made  May  28,  1851 26,060  00 

Total $28,168  28 

Deduct  amount  of  costs $963  54 

Clerk's  fees  on  three  injunctions 54  00 

1,017  54 

$27,150  74 
Amount  due  on  both  executions  above  referred  to $24,852  87 

Balance  due  from  Sheriff $  2,297  87 

By  amount  of  Reed's  deed  by  which  property   bought   by  him 

reverted  to  the  city 1,549  00 

$  748  87 

November  5,  1851. — Received  this  day  of  Sheriff  the  amount  of  seven 
hundred  and  forty-eight  dollars,  eighty-seven  cents,  which,  as  will  appear  by 
the  attached  copy  of  receipt,  I  have  paid  into  the  City  Treasury. 

Thomas  White,  Mayor. 

November  28th,  Mr.  Melone  introduced  an  ordinance  authorizing  the  Mayor 
to  execute  a  deed  of  trust  to  William  Daniels  of  the  city's  interest  in  the  San 


SAN   JOSI^:   TOWNSHIP.  373 

Jose  Land  Company,  for  the  benefit  of  the  present  creditors  of  the  city, 
which  was  adopted;  as  was  also  a  preamble  ami  resolution  introduced  by  the 
same  o-entleman,  authorizing,  instructing,  and  requesting  the  Mayor  to  exe- 
cute a  deed  to  James  F.  Heed,  or  his  agent,  as  trustee  of  the  city  of  San  Jose 
in  a  certain  Land  Company  in  conjunction  with  Charles  White  and  Isaac 
Branham,  other  trustees,  for  one  hundred  and  eighty  acres  of  land  heretofore 
granted  to  him  by  resolution  of  the  Common  Council. 

It  may  be  remembered^that  we  last  dealt  with  tlie  subject  of  County  Build- 
ings on  page  356,  when  a  committee  was  appointed  by  the  Council  to  confer 
wnth  Judge  Redman;  on  the  7th  May,  that  committee  reported  that  they  had 
proposed  to  receive  from  the  County  Judge  ten  thousand  dollars  for  the 
State  House,  the  amount  expended  by  him  for  repairs  on  it  to  bo  comprised 
in  that  sum,  and  that  the  same  was  not  accepted  They  then  asked  to  be 
discharged.  Another,  composed  of  Aldermen  Hoppe  and  Murphy,  were 
appointed  in  their  stead.  In  the  meantime  the  City  Attorney  was  called 
on  for  his  opinion  in  the  matter,  who,  on  July  2d,  made  the  following  state- 
ment, that  the  building  was  purchased  by  the  Ayuntamiento  of  the  Pueblo 
de  San  Jose  from  a  company  of  gentlemen  for  the  sum  of  thirty-four  thou- 
sand dollars,,  for  the  payment  of  which  it,  and  other  property,  was  mortgaged, 
and  to  which  the  city  became  a  party  by  succession  to  the  rights,  obligations, 
etc.,  of  the  said  pueblo.  The  city  then  sold  the  structure  to  the  county  for 
thirty -four  thousand  dollars,  bearing  interest  until  paid,  and  received  a  por- 
tion thereof  to  the  extent  of  seven  thousand  dollars;  subsequently  a  mechan- 
ics' lien  and  judgment  was  obtained  against  the  said  building,  when  Judge 
Redman  became  the  purchaser;  this  sale  vested  the  title  of  the  edifice  in  the 
County  Judge,  and  by  placing  it  out  of  the  power  of  the  city  to  make  a 
proper  title  to  the  county,  the  .sale  from  the  city  to  the  county  became  null 
and  void,  and  the  former  rendered  thereby  indebted  to  the  county  in  the 
amount^received  from  such  sale.  To  attend  to  the  subject  Aldermen  Cory  and 
Aram  were  appointed  a  committee ;  and  on  the  2:^d,  the  Mayor  communi- 
cated to  the  Council  the  information  that  a  demand  for  the  delivery  of  the 
State  House  had  been  made  by  Judge  Redman. 

On  August  27th,  the  committee  mentioned  above,  after  consultation  with 
the  Court  of  Sessions,  submitted  an  Indenture,  containing  a  settlement  of 
the  indebtedness  between  the  city  and  county,  and  also  a  deed,  conveying  to 
tlie  latter,  upon  certain  conditions,  the  building  known  as  the  State  House. 
The  document  was  referred  back  to  the  committee,  with  instructions  to  pro- 
cure the  return  of  Market  square,  save  that  portion  described  within  as  an 
ellipse,  and  originally  intended  for  the  site  of  the  Court  House.  In  accord- 
ance with  these  directions  these  gentlemen,  on  October  4th,  submitted  a 
report  and  indentures  of  settlement  consistent  therewith,  as  well  as  the  draft 
of  an  ordinance  which  was  suggested  should  be  carried  into  effect,  the  whole 


374  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

of  which  were  unanimously  adopted.  A  resolution,  introduced  by  Alder- 
man Belden,  on  October  15th,  and  passed,  that  the  Mayor  be  authorized  to 
release  the  county  of  Santa  Clara,  J.  W.  Redman,  County  Judge,  and  John 
Yontz,  Sheriff,  from  all  liabilities  due  by  them  to  the  city,  and  to  dispose  of 
the  building  known  as  the  City  Hall  (State  House)  to  the  county ;  and  the  last 
mention  made  in  the  year  1851  of  this  vexed  question,  was  the  consultation 
of  lawyers  in  relation  to  the  demands  of  the  city  against  the  county.  This 
being  done,  November  20th,  Aldermen  Cory  and  Aikenhead,  of  the  com- 
mitteee.  submitted  the  opinion  of  William  T.  Wallace  and  P.  0.  Minor,  that 
"  the  covenants  contained  in  both  the  deeds  of  October  23,  1850,  between 
the  city  of  San  Jose  and  the  county  of  Santa  Clara  are  binding  upon  the 
city  and  county ;  and  that  for  the  violation  of  said  covenants  by  either  of 
said  parties  the  other  may  sustain  an  action ;"  whicli  report  was  accepted. 
An  ordinance  was  thei  introduced  by  Alderman  Cory,  which  was  adopted, 
authorizing  Wallace  &  Minor  to  bring  suit  at  law  against  the  county  to 
recover  all  moneys  justly  due  the  city  from  that  source,  and  affixing  their 
compensation  at  ten  per  cent,  upon  the  amount  for  which  judgment  should 
be  recorded. 

Of  the  other  official  acts  performed  in  the  year  1851,  the  following  mes- 
sage of  Mayor  White,  dated  August  27th,  will  best  elucidate: — 

"Gentlemen: — The  law  requires  me  to  report  to  the  Council  once  in 
every  four  months  whatever  relates  to  the  government,  improvement,  or 
finances  of  the  city,  and  to  make  such  suggestions  as  to  its  improvement  as 
may  be  deemed  most  fit. 

"  I  am  happy  to  state  that  the  laws  of  the  city  have  been  uniformly  and 
efficiently  enforced,  and  that  there  is  at  this  time  a  degree  of  order  and  quiet 
highly  gratifying — in  fact,  but  few  offenses  of  a  serious  character  have  lately 
come  before  the  Mayor's  Court.  I  would  suggest  that  as  soon  as  possible  an 
ordinance  defining  fire-limits  and  the  regulations  therein,  be  pa.ssed,  and  that 
fire-hooks  and  ladders  be  procured.  Also,  that  an  ordinance  be  promulgated 
prohibiting  the  introduction  of  meat  into  the  city  for  sale  after  dark;  also, 
an  ordinance  prohibiting  the  sale  or  keeping  of  unwholesome  meat  by  butch- 


ers or  grocers. 


"  The  embarras.sed  state  of  the  city  finances  has  prevented  me  from  doing 
much  which  is  required  for  the  improvement  of  the  comfortableness,  beauty, 
and  cleanliness  of  the  city;  as  I  deem  it  of  absolute  necessity  that  the 
present  heavy  debt  be  discharged  before  money  is  expended  in  improving  its 
appearance.  On  this  account  I  have  been  unable  to  put  in  execution  some 
improvements  which  are  advisable,  and  which,  under  other  circumstances, 
would  have  been  effected. 

"  Since  the  commencement  of  the  present  administration  to  this  time  the 
total  amount  of  money  received  into  the  Treasury  of  the  city  for  licenses,  as 


SAN    JOSjfi    TOWNSHIP.  375 

shown  by  the  Marshal's  report,  is  one  thousand  three  liundreJ  and  thirty- 
two  dollars  and  thirty -four  cents;  and  the  amount,  as  paid  out  by  the 
Treasurer,  four  hundred  and  thirty-five  dollars,  seventy-six  cents.  In  April 
nine  thousand  seven  hundi-ed  and  thirty  dollars  in  redeemed  scrip  was 
burned  by  ordei-  of  the  Council;  and  by  the  Return  of  the  Treasurer  it  is 
apparent  that  he  has  on  hand  at  this  time  ten  hundred  and  twenty-five  dol- 
lars in  redeemed  scrip  (which  I  would  also  recommend  to  be  burned).  Total 
amount  of  scrip  redeemed  is  ten  thousand  seven  hundred  and  fifty-five  dol- 
lars. It  is  therefore  apparent  that  a  little  over  seven  thousand  dollars  in  city 
scrip  is  yet  in  circulation.  I  think  it  advisable  to  have  this  drawn  in  as 
soon  as  possible. 

"In  addition  to  this  there  is  about  twenty  thousand  dollars  of  city  indebt- 
edness, a  portion  of  which  is  drawing  an  interest  of  three  per  cent.  It  is 
necessary  to  discharge  the  amount  drawing  interest  as  soon  as  possible.  I 
regret  that  the  Assessor's  return  is  not  quite  complete,  that  it  may  be  deliv- 
ered to  you  at  this  time,  but  it  will  be  sent  very  soon. 

"Owing  to  the  great  depreciation  of  city  property  there  is  reason  to 
believe  that  the  amount  will  not  much  exceed  one  million  of  dollars,  the 
highest  rate  of  per  centage  (one  per  cent.)  will  therefore  only  yield  about  ten 
thousand  dollars.  The  amount  comincj  to  the  citv  from  licenses  for  the 
whole  vear  will  not  exceed  four  thousand  dollars,  makinij  a  total  of  fourteen 
thousand  dollars.  So  it  will  be  necessary  to  continue  the  present  rates  of 
licenses  and  taxes — one  per  cent." 

The  proceedings  taken  during  the  year  18.51  in  regard  to  the  State  Scrip 
were:  April  3d  a  resolution  was  offered  and  adopted  appointing  the  Maj'or 
and  President  of  the  Council  to  proceed  to  San  Francisco  to  c^ispose  of  the 
amount  of  State  Warrants  belonging  to  the  city,  and  to  apply  the  proceedvS 
of  such  sale  to  the  liquidation  of  the  heavy  judgment  existing  against  the 
cit3\  These  could  not  be  sold  in  San  Francisco,  therefore  on  his  return, 
April  10th,  His  Honor  convened  a  special  meeting  of  the  Council  to  take 
into  consideration  the  disposition  of  the  scrip.  Hereupon  Mr.  Cor}^  intro- 
duced a  resolution  which  was  adopted,  authorizing  the  Mayor  to  pay  over  to 
Me-ssrs.  Aram,  Reed  and  Belden  the  amount  of  State  Warrants  beloncjinsr  to 
the  city,  to  be  appropriated  at  the  rate  of  forty  dollars  on  the  hundred 
towards  the  liquidation  of  the  judgment  held  by  them  and  others  against 
the  city. 

At  a  special  meeting  held  on  May  12, 18.51,  to  take  into  consideration  the 
propriety  of  tendering  .some  inducement  to  the  Methodist  Episcopal  Con- 
ference,'then  about  to  sit  in  San  Francisco,  to  establish  a  University  in  San 
Jose,  a  resolution  was  offered,  tendering  the  use  of  Legislative  Hall  to  that 
body  for  the  purpose,  provided  such  an  institution  should  be  established  in 
the  vallc}',  which  was  lost,  and  another  adopted  wherein  Washington  square 


370         .  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

was  proposed,  but  the  Mayor  subsequently  pointed  out  a  difficulty  in  the 
subjoined  terse  sentence.  "The  plot  of  ground  within  the  city  of  San  Jose, 
known  as  Washington  square,  having  been  already  sold,  the  city  may  not  be 
able  to  give  such  a  title  as  may  be  satisfactory."  Of  the  establishment  of 
the  institution  we  shall  speak  elsewhere. 

In  the  year  1851  the  progress  of  the  city  was  marked  by  an  era  of  much 
building  enterprise.  Chief  among  these  erected  were:  a  structure  on  the  east 
side  of  San  Pedro  street  called  at  first  the  Pavilion  and  afterwards  the 
United  States  Hotel,  at  a  cost  of  about  fifty  thousand  dollars;  then,  at  a  like 
expense,  A.  Chatelle  erected  a  two-story  building  on  Market  near  El  Dorado 
street,  which  was  known  as  the  French  Hotel,  and  was  the  head-quarters  of 
the  gambling  element  of  the  city;  then,  the  building  constructed  by  J  D. 
Hoppe,  the  adobes  of  which  were  brought  from  the  old  Juzgfado ;  next,  two 
one-story  buildings  constructed  for  Frank  Lightston,  on  Saata  Clara  street^ 
opposite  where  the  Auzerais  House  now  rears  its  elegant  facade.  The  houses 
of  the  last  two  gentlemen  were  the  handiwork  of  Levi  Goodrich,  who  still 
wields  a  facile  square  and  compass.  O.  S.  Crosby  built  the  residence  long 
occupied  by  Mrs.  Samuel  J.  Hensley;  Secretary  of  State,  William  Van  Voor- 
hies,  erected  a  handsome  frame  building  on  Third,  near  William  street ;  May, 
Lee  and  McCune  put  up  the  Morgan  House  on  the  corner  of  First  and  San 
Fernando  streets,  it  being  opened  in  the  month  of  December  by  John  E,. 
Price ;  the  Bella  Union,  a  saloon,  stood  on  the  site  of  the  Auzerais  House, 
and  was  afterwards  rented  as  a  Court  House;  the  restaurant  called  Star 
Fonda,  kept  by  a  Chilenian,  occupied  a  position  on  Market  street  between, 
El  Dorado  and  Santa  Clara;  while  several  structures  le.ss  pretentious  in  their 
appearance  were  springing  up  on  all  sides.  Of  churches,  the  Presbyter- 
ian denomination  had  erected  a  neat  little  church,  painted  white  with  green 
blinds,  on  Second  street  where  now  their  handsome  brick  edifice  stands;  the 
Baptists  had  a  building  on  Santa  Clara  street,  between  Second  and  Third, 
whei-e  the  Opera  House  now  stands — it  was  burned  in  185G;  and  the  Meth- 
odists, North,  put  up  a  frame  church  on  the  south  side  of  Santa  Clara  street, 
between  First  and  Second,  which  had  a  seating  capacit}-  for  six  hundred, 
while  the  Roman  Catholic  edifice  had  been  a  landmark  of  long  standing, 
whei-e  the  elegant  brick  church  of  St.  Josej)h  is  situated.  Hand  in  hand 
with  churches  are  educational  establishments.  The  San  Jose  Academy, 
taught  by  the  Rev.  E.  Bannister,  was  incorporated  in  this  year  with  a  Board 
of  nine  trustees.  Its  first  term  closed  on  the  28th  November.  The  College 
of  Notre  Dame  was  established  in  a  wooden  building  located  on  the  present 
grounds  on  Santa  Clara  street,  between  San  Pedro  and  Santa  Teresa' streets ; 
and  the  University  of  the  Pacific  was  incorporated,  the  first  graduating  class 
being  composed  of  the  Hon.  Thomas  H.  Laine  and  John  W.  Owen,  who  were 
the  first  class  graduated  in  a  classical  course  in  California. 


SAN   J0S6   TOWNSHIP.  877 

January  4,  1851,  the  San  Jose  Daily  Argus,  publislieil  in  the  interest  of 
Fremont,  who  was  once  more  in  the  field  for  the  United  States  Senate,  was 
published,  but  only  lived  through  the  Senatorial  campaign ;  and  to  this  year 
is  the  honor  due  of  the  establishment  of  the  first  permanent  newspaper  in 
the  county.  This  periodical  was  entitled  the  Sun  Jos^  Weeld>j  Visitor, 
the  initial  number  being  issued  June  20,  1851,  by  Jones,  Damon  &  Emerson. 
Damon  withdrawing  at  the  end  of  six  months,  its  publication  was  continued 
by  Emerson,  with  A.  Jones,  Jr.,  as  editor.  The  Visitor  was  first  a  Whig 
organ,  but  changed  its  colors  to  the  Democracy  in  the  month  of  October;  the 
office  was  situated  on  the  west  side  of  First,  south  of  and  not  far  from  Santa 
Clara  street.  This  paper  changed  its  name  in  August,  1852,  to  the  Santa 
Clara  Register,  the  proprietors  being  Givens  George  and  J.  C.  Emerson, 
with  F.  B.  IVIurdoch  as  editor. 

The  commission  of  crime  had  remained  unsuppressed,  and  the  prison  accom- 
modation was  still  insecure.  Three  convicts  made  their  escape  on  January 
30th;  on  July  18th,  Francisco  Gutierrez  was  executed  for  murder,  and  on 
the  dawn  of  September  7th  the  early  risers  on  that  Sabbath  morning 
were  greeted  by  a  dead  body  swinging  from  the  gallows.  The  unfortunate 
victim  had  been  hanged  during  the  still  hours  of  the  previous  night. 

2852.— The  records  for  the  year  1852  are  very  meager;  the  first  item  in 
the  minute  book  of  the  Common  Council  that  may  be  considered  of  public 
interest  is  the  appointment  of  a  committee  at  the  suggestion  of  Alderman  Bel- 
den,  to  inquire  into  the  tenure  by  which  Pedro  Sainsevain  held  a  mill-site 
on  the  Guadalupe  river  within  the  city  limits;  but  the  most  careful  search 
has  failed  to  bring  to  light  any  document  throwing  further  light  upon  the 
atfair.  March  17th,  an  ordinance  was  passed  prohibiting  non-residents  from 
keeping  more  than  twenty  head  of  sheep,  cattle,  or  horses  in  the  pastures 
within  the  city  limits  at  one  time  for  a  longer  period  than  twenty-four 
hours. 

On  the  last-mentioned  date  the  following  message  was  received  from  His 
Honor  the  Mayor:  "GENTLEMEN: — In  accordance  with  a  resolution  of  the 
Common  Council  I  called  upon  Mr.  White,  a  former  Alcalde,  and  demanded 
of  him  whatever  papers  and  public  documents  he  might  have  pertaining  to 
the  lands  of  the  Pueblo  de  San  Jose.  The  only  papers  of  the  kind  which  he 
had  were  papers  relating  to  suertes  and  which  are  herewith  transmitted  to 
Your  Honorable  Body. 

In  accordance  with  another  resolution  I  have  employed  William  E. 
Lovett,  who  is  well  acquainted  with  the  Spanish  language,  to  examine  and 
arrange  all  the  public  documents  and  papers  in  the  city  archives.  Under 
my  supervision  he  has  made  a  thorough  examination  and  has  well  arranged 
the  papers  there  found  as  will  be  shown  by  the  accompanying  report.  I 
regret  that  the  search  did  not  exhibt  anything  which  will  throw  much  light 


378  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

upon  the  pueblo  title  or  grants  made  within  its  limits.  Except  the  "field- 
notes  "  of  the  survey  of  the  "  Five-hundred-acre  tracts  "  and  the  notes  of 
Lyman,  and  a  few  deeds  and  grants,  but  little  has  been  discovered,  and  I 
regret  to  say  that  many  of  the  books  and  papers  have  been  cut  and  muti- 
lated and  no  doubt  matter  of  great  importance  has  been  removed  or  destroyed 
in  years  gone  by,  whether  through  design  or  carelessness  I  cannot  say — yet  it 
is  certain  that  at  some  time  past  important  papers  have  been  removed  or 
destroyed  leaving  now  but  little  of  much  consequence."  Here  follows  the 
report  of  William  E.  Lovett:  "To  The  Hon.  Thomas  W.  White,  Mayor  of  the 
City  of  San  Jose,  SiR: — In  obedience  to  your  instructions  I  have  diligently 
examined  the  archives  of  this  city  now  in  the  Mayor's  office  and  after  a 
careful  search  I  am  able  to  make  you  the  following  report:  The  papers  are 
all  arranged  in  alphabetical  order  and  are  as  follows: — 

A. — Papers  in  case  of  ^Antonio  Valencia  for  Murder.  Old  election  returns. 
Papers  in  the  estate  of  Graves,  Bernal,  and  Jones'  horse.  Charles  White's 
docket.  Papers  in  case  of  Walkinshaw  vs.  Forbes.  Papers  in  case  of  B . 
K.  Thompson.  Papers  in  case  of  Ord.  Official  papers  of  Prefecture  for 
1842.  Census  for  1845.  Journal  of  Town  Council  for  1849.  Papers 
relating  to  Naglee  &  Neligh,  1848.  Notes  and  Declarations  of  Geo.  W. 
Bellamy,  October  27,  1847.  Alcalde's  correspondence,  1840.  Official  let- 
ters of  Charles  White.  Papers  relating  to  a  Quicksilver  mine  of  Alvarado. 
Plan  of  San  Jos^  cemetery.  Memorial  presented  by  the  Secretary  of  the 
Interior  and  Exterior  relations,  1829.  Alcalde's  letters.  Petty  cases  before 
Alcalde's  Courts.  Loose  and  miscellaneous  papers  (of  no  value).  Official 
documents  of  Prefecture  for  1841,  1842  and  1843.  Alcalde's  correspond- 
ence of  San  Franciscita.  Correspondence  of  priests  of  Santa  Clara. 
Testimony  of  Duarte  and  De  la  Mancha. 

B. — Alcalde  Dimmick's  docket.  Election  of  Alcalde,  1843.  Miscellaneous 
papers.  British  Consul's  letters.  Papers  in  case  of  I'erritory  of  California 
vs.  Juan  Gonzales.  Papers  in  case  of  Territory  of  California  vs.  ChaboUa. 
Papers  in  case  of  Haun  vs.  Bellamy.  Alcalde's  letters  from  Monterey. 
Part  of  testimony  in  case  of  ChaboUa.  Letter  from  Padre  Real.  Auxilli- 
ary  Alcalde  de  Santa  Clara.  Official  documents  of  the  Juzefado  de  Pueblo, 
1841-2-3.  Letters  and  loose  papers  from  Governor  Borica  and  Arguello 
1777  to  1815.  Of  money  paid  and  received  for  the  year  1846.  Petitions 
for  land.  Testimony  before  the  Alcalde.  Election  1843.  Governor's  cor- 
respondence, 1843.  Papers  of  Juzgado  and  census  of  San  Francisco 
1841-2-3.  Military  correspondence,  1841-2-3.  Expenses  of  Juzgado,  1846. 
Election  of  Delegates  to  the  meeting  of  the  different  pueblos  of  California. 

C. — Loose  papers  1841.  Complaints  before  Alcaldes  1841-2-3.  Miscella- 
neous papers  in  the  case  of  Robilas  vs.  Campbell.  Papers  in  the  Court  of 
First  Instance.     Printed  copy  of  acts  of  first  Legislature. 


SAN   JOSli   TOWNSHIP.  379 

P, — Thirteen  packages  of  Alcalde's  correspondence  from   171*5-1827. 

E. — Eleven  packages  of  Alcalde's  correspondence  from  1828-1833. 

P, — Fifteen  packages  of  Alcalde's  correspondence  from  1834-1841. 

Q,- — Five  packages  of  Alcalde's  correspondence    from,   1842-184G,  and  one 

package  of  Alcalde's  old  dockets. 
H. — Papers  relating  to  the  Pueblo  Lands  consisting  of  the  field-notes  of  J- 

D.  Hutton,  etc.     Grants  and  Deeds.     Notes  of  Lyman. 

I  would  also  state  that  there  are  but  few  or  no  papers  in  the  archives  for 
the  years  1844,  1845,  1846,  except  such  as  are  mutilated,  torn,  and  cut." 

The  readei'  is  informed  that  we  have  examined  most  of  the  documents 
mentioned  above,  which,  since  Mr.  Lovett's  report,  have  been  a  dozen  times 
disarranged  and  reai-ranged,  and  are  being  now  most  carefully  tiled,  and 
they  have  no  possible  interest  to  any  one  save  the  biblomaniac. 

At  the  election  held  on  April  14,  1852,  for  the  election  of  a  municipality, 
the  following  was  the  result:  Mayor,  Thomas  W.  White;  Common  Council^ 
Ben  Cory,  Peter  O.  Minor,  Levi  Goodrich,  John  C.  Emerson,  John  M.  Will- 
iams, John  H.  Watson,  M.  W.  Packard;  Assessor,  Marcus  Williams;  Treas- 
urer, A.  J.  Yates;  City  Attorney,  Freeman  S.  McKinney;  Marshal,  George 
Hale;  Clerk,  Elliott  P.  Reed. 

The  financial  condition  of  the  city  at  this  period  may  be  gathered  from 
the  annexed  report  of  the  City  Treasurer  dated  April  22,  1852: — 

Total  Receipts  for  year  ending  April  16,  1852. . $15,698  52 

Total    Paid  out  for  year  ending  April  16,  1852 15,687  97 

Leaving  a  balance  on  hand  of !:?        10  55 

Add  Balance  on  hand  April  16,  1851 57  00 

The  Balance  in  the  Treasury  April  16,  1852 .^        67  55 

At  this  date  there  were  outstanding  in  Scrip 8  4,300  00 

In  the  month  of  May  of  this  year  the  city  of  San  Jose  sued  the  county 
for  the  sum  of  thirty-four  thousand  dollars,  with  interest  at  the  I'ate  of  four 
and  one-half  per  cent,  per  month  since  1850,  the  cause,  as  \ve  have  already 
seen,  being  the  purchase  of  the  building  known  as  the  State  House.  A 
county  not. being  a  corporation  at  common  law,  and,  there  being  no  statute 
in  existence  making  Santa  Clara  county  a  corporation,  a  demurrer  was  filed, 
which  was  sustained  by  the  Court,  and  the  case  dismissed.  On  Juh*  12th 
the  Mayor,  at  a  meeting  of  the  Council,  made  some  remarks  explanatory 
of  these  conflicting  claims  with  regard  to  the  property  of  the  old  Legisla- 
tive Hall,  and  the  building  attached,  and  requested  authority  from  the 
Council  to  tr}^  and  settle  the  difficulty  without  again  having  recourse  to 
legal  proceedings.     To  cover  the  whole  matter  Alderman  Minor  introduced 


380  HISTORY    OF    SANTA    CLARA   COUNTY,   CALIFORNIA. 

the  following  resolution  which  was  passed  :  "  Resolved,  by  the  Mayor  and 
Common  Council  of  the  city  of  San  Jose  as  follows:  That  Thomas^  White, 
the  Mayor  of  the  city,  be,  and  he  is  hereby  requested  to  confer  with  the 
Board  of  Supervisors  of  Santa  Clara  county,  in  relation  to  the  existing  claim 
of  this  city  against  said  county,  and  any  proposition  that  may  be  agreed 
upon  between  them,  the  said  Mayor  to  report  to  this  Council  for  approval, 
or  disapproval,  at  the  next  meeting,  or  sooner,  if  necessary,  and  when  called 
by  the  Mayor. 

On  October  18th  the  following  proceedings  were  had  in  regard  to  assess- 
ment. Mr.  Williams,  the  City  Assessor,  explained  to  the  Council  the  diffi- 
culties under  which  he  labored  in  making  out  the  assessment  list,  and  stated 
that  he  was  willing  to  attend  wdth  a  committee  of  the  Council  and 
amend  the  assessment  book,  or  draw  up  a  new  one,  but  that  he  was  unwill- 
ing to  raise  the  assessment.  Any  course,  however,  the  Board  of  Equaliza- 
tion' might  adopt  he  would  be  willing  to  comply  with. 

The  Mayor,  being  present,  stated  that  he  had  examined  the  Assessor's 
books  and  found  that  property  was  assessed  far  too  low,  and  a  great  quantity 
not  assessed  at  all.  One  difficulty  in  his  mind  w^as,  as  to  who,  under  the 
late  law,  would  constitute  the  Board  of  Equalization,  and,  secondly,  have 
that  Board  the  power  to  raise  the  taxes  in  the  aggregate  ?  The  Mayor 
then  proceeded  to  read  the  City  Charter,  to  show  that  no  provision  had  been 
made  for  a  Board  of  Equalization. 

Alderman  Minor  then  read  the  State  law  with  regard  to  the  duties  of  the 
Assessor,  and  thought  that  that  officer  had  full  power  to  assess  property 
according  to  his  own  valuation,  notwithstanding  the  oath  of  the  person 
assessed,  and  introduced  a  resolution  to  that  effect,  requesting  also  the 
Assessor  to  act  in  accordance  with  this  opinion,  and  that  he  be  required  to 
make  out  a  correct  supplemental  assessment  of  the  property  of  the  city,  to 
include  the  names  of  all  persons,  and  a  description  of  all  property  liable  to 
taxation,  and  report  at  the  earliest  practicable  moment. 

On  October  6th  an  ordinance  was  passed  fixing  the  rate  of  taxation,  or 
assessment  of  real  and  personal  property  for  city  purposes  at  one  per  cent, 
upon  the  valuation  for  the  current  year. 

During  the  year  1852  crime  was  still  in  the  ascendant,  not  only  through- 
out the  State,  but  in  San  Jose'  as  well.  On  the  30th  January  Theodore 
Basquez  was  executed  for  stealing  a  horse,  the  law  at  that  time  providing 
for  the  punishment  of  grand  larceny  by  imprisonment  or  death,  at  the  dis- 
cretion of  the  jury.  Under  this  law,  which  was  repealed  April  19,  1856, 
Ramon  Romero  was  executed  on  November  26th  of  the  same  year;  while, 
on  the  17th  December,  Gaudalupe,  an  Indian,  was  hanged  for  murder. 
Charles^H.  Smith  was  murdered  by  Pedro  Montemayor  on  the  4th  of  March, 
and  during  the  balance  of  the   year   there  would   appear    to  have  been  a 


SAN   JOS^   TOWNSHIP.  381 

carnival  of  blood.  In  May,  Priciliano  Peres  was  luurdered;  an  Indian  was 
murdered  in  the  city  on  August  23d;  on  September  2Gth  four  men  were 
stabbed,  some  of  whom  died:  on  the  day  after  James  Blair  and  an  Indian 
were  found  dead ;  and  on  the  28th  an  unknown  Am.erican  was  murdered 
about  two  miles  north-east  from  the  town,  near  the  residence  of  John  H.  M. 
Townsen<l.  With  this  array  of  violence  before  us,  still  it  is  said  that  the 
organization  of  a  Vigilance  Committee  had  a  tendency  to  lessen  crime! 

The  following  information  is  extracted  from  the  San  Jose  Weekly  Visitor, 
dated  March  5,  1852.  It  was  published  by  J.  C  Emerson  and  edited  by  A. 
Jones,  Jr.  We  learn  from  its  columns  that  Elliott  Reed  and  E.  A.  Kendall 
were,  at  that  time,  partners  in  the  express  business  "  between  San  Jos^  and 
San  Francisco,  by  way  of  the  favorite  steamer  Boston."  Hall  &  Crandal 
w^ere  the  proprietors  of  a  line  of  stages  to  San  Francisco.  They  announce  a 
I'eduction  of  the  fare  to  ten  dollars.  John  Yontz  was  Sheriff  of  the  county, 
and  William  R.  Phipps,  Constable  of  San  Jose  township.  Among  the 
business  cards  were  such  law  firms  as  Bui-nett,  Wallace  &  Ryland,  Minor  & 
Campball,  Stafford  &  Moore,  Williams  &  Yoell,  Yates  &  McKinney,  etc.  The 
only  doctor's  card  is  that  of  "  Dr.  Ben  Cory,  office  east  side  of  Market 
square."  C.  P.  Hester  was  District  Judge,  John  M.  Murphy  was  County 
Treasurer,  H.  C.  Melone,  Clerk,  and  R.  B.  Buckner,  Deputy  Clerk.  Charles 
White  was  the  Mayor  and  Police  Judge  of  San  Josd.  The  paper  contains  an 
editorial  account  of  the  murder  of  Deputy  Marshal  Charles  H.  Smith,  by  a 
Mexican  named  Montemayor.  The  latter  was  in  charge  of  the  Marshal- 
He  had  been  fined,  by  Mayor  White,  for  striking  a  woman,  and  was  going 
after  the  money  to  pay  the  fine.  When  "  in  the  vicinity  of  the  acequia,"  he 
suddenly  drew  a  knife  and  plunged  it  into  the  officer's  heart.  The  Mexican 
effected  his  escape  in  the  willows  "  near  the  Guadalupe" — probably  in  the 
direction  of  Autumn  street. 

On  Augu.st  19th,  the  San  Jose  Weekly  Visitor  adopted  the  name  of  the 
Santa  Clara  Register,  and  was  published  on  the  upper  floor  of  the  Bella 
Union ;  and,  on  December  17th,  an  ordinance  was  passed  requiring  property 
holders  to  lay  sidewalks,  ten  feet  wide,  in  front  of  their  premises.  On  the 
night  of  August  2Gth,  the  residence  of  Samuel  C.  Young,  on  Third  street^ 
and  one  belonging  to  Chabolla,  were  destroyed  b}*"  fire,  it  being  popularly 
supposed  that  the  first  was  occasioned  by  rats  igniting  matches. 

The  San  Jose  Academy  was  under  the  superintendence  of  J.  M.  Kimberlin 
during  this  year;  in  November  a  Civil  and  Military  School  was  established 
under  Col.  Charles  A.  Seefeld,  Professor  Frederic  Mooshake,  and  Hipolito 
Adler;  the  latter  as  Administrator;  while  on  October  17th,  the  brick  church 
of  the  Methodist  Body,  at  the  corner  of  Second  and  San  Fernando  streets 
was  dedicated. 

Cholera  made  its  last  appearance  in  the  city  and  vicinity,  in  this  year,  and 
though  many  of  the  native  population  dieii,  but  few  foreigners  succumbed. 


382  HISTORY    OF    SANTA    CLARA   COUNTY,    CALIFORNIA. 

1853. — At  a  special  meeting  of  the  Common  Council,  assembled  January 
28th,  for  the  purpose  of  bringing  to  a  conclusion  the  matter  of  the  claim  of 
the  city  against  the  county,  the  following  communication  of  the  Board  of 
Supervisors  was  read:  "In  the  matter  of  the  petition  of  Thomas  White, 
Mayor  of  the  city  of  San  Josd: — The  committee  appointed  to  take  into  con- 
sideration the  above  petition,  and  it  appearing,  to  the  satisfaction  of  the 
Board,  that  there  is  some  amount  justly  due  the  city  of  San  Jose  for  the 
property  bought  of  her,  by  J.  W.  Redman,  County  Judge.  It  is,  therefore, 
ordered  by  the  Board,  that  the  city  of  San  Jose  be  allowed  the  sum  of  ten 
thousand  dollars,  upon  the  condition  that  the  city  of  San  Jose  execute  a  full 
release  of  claims  and  demands  against  the  county  of  Santa  Clara." 

Alderman  Minor  then  introduced  an  ordinance,  which  was  adopted, 
authorizing  the  Mayor,  on  the  part  of  the  city,  to  accept  the  above  proposi- 
tion, and  to  make,  execujte  and  acknowledge  a  full  relea.se  of  the  claim  against 
the  county;  and  also  authorizing  him  to  accept  warrants  on  the  county  to 
the  amount  of  ten  thousand  dollars,  in  such  sums  as  he  may  deem  best.  At 
length  the  solution  of  the  difficulty  had  been  attained.  On  the  15th  July, 
the  accompanying  communication  was  received  from  the  Mayor:  "In  the 
final  settlement  of  the  claim  of  the  city  against  the  county,  I  received  ten 
thousand  dollars  in  County  Warrants  which  I  have  paid  into  the  City 
Treasury,  as  will  be  shown  by  the  accompanying  receipt  of  Thomas  L. 
Vermeule,  City  Treasurer:  'Received,  San  Jose,  July  13,  1853,  of  Mayor 
Thomas  White,  the  sum  of  ten  thousand  dollars  in  Santa  Clara  County  War- 
rants, to  the  credit  of  the  Treasury  of  the  city  of  San  Josd.  Thomas  L. 
Yermeule,  City  Treasurer-.' " 

March  10th,  the  Committee  on  Ordinances,  to  whom  was  referred  that 
concerning  the  keeping  open  of  certain  streets,  reported  that  in  their  opinion, 
First  street  being  now  open  towards  Alviso,  and  "  the  oblique  street"  open 
towards  Stockton,  there  are  no  other  outlets  necessary  on  that  side  of  the  city, 
and  without  abandoning  or  yielding  the  right  of  the  city  to  open  and  keep 
open  all  her  streets,  they  recommend,  that  for  the  present,  they  may  be  per- 
mitted to  be  fenced  up,  keeping  open  First  street  and  "  the  oblique  street." 
The  suggestion  was  accepted  and  an  ordinance  passed  in  accordance  there- 
with. 

The  officers  elected  on  April  14,  1858,  were:  Mayor,  Thomas  W.  White; 
Common  Council,  Ben  Cory,  John  C.  Emerson,  Levi  Goodrich,  William  M. 
Stafford,  John  M.  Murphy,  Henry  Brownshield,  William  Daniels;  Treasurer, 
Thomas  L.  Vermeule ;  Marshal,  George  Hale ;  City  Attorney,  F.  S.  McKin- 
ney  ;  Assessor,  E.  P.  Reed,  who  was  also  appointed  Clerk  of  Council. 

The  ordinance  committee  instructed  to  examine  the  Revenue  Laws,  on  the 
29th  April,  reported  that,  under  the  existing  ordinance,  they  found  many 
persons,  pursuing  various  avocations  of  the  most  lucrative  character,  entirely 


SAN    JOSJ^    TOWNSHIP.  383 

exempt  from  the  payment  of  any  license  tax,  ami  that,  uailer  the  existing 
embarrassment  of  the  city  (the  debt,  on  the  25tli  April,  1853,  was  eighteen 
thousand  four  hundred  and  two  dollars  and  nine  cents),  with  her  depreciated 
paper,  and  her  streets  requiring  heavy  repairs,  they  would  suggest  the  pro- 
priety and  absolute  necessity  of  an  increase  of  the  license  law,  and  that  none 
should  he  exempt  from  its  operation.  In  pursuance  of  these  remarks  the 
necessary  emendations  in  the  ordinance  were  made  and  carried  into  effect. 

On  the  29th  April,  Fire  Wards  and  Wardens  were  created  by  an  ordinance 
introduced  by  Alderman  Brownshield,  the  city  being  divided  into  wards,  num- 
bering from  one  to  four,  with  the  following  Wardens:  No.  1,  M.  W.  Packard; 
No.  2,  Alvin  C.  Campbell;  No.  3,  A.  S.  Woodford;  No.  4,  Peter  Davidson; 
while,  to  render  the  organization  more  efficient,  an  appropriation,  the  sum  of 
two  thousand  dollars  was  made  for  the  purchase  of  a  fire-engine,  with  hooks 
and  ladders,  the  President  of  the  Council  being  authorized  to  draw  orders 
and  warrants  in  such  sums  as  he  should  deem  advisable,  and  pay  the  same 
over  to  the  committee  of  citizens  that  should  be  selected  by  the  town. 

The  time  had  now  come,  it  was  felt,  when  a  public  school  should  be  main- 
tained in  the  city,  therefore,  on  May  24,  1853,  Henry  C.  Skinner,  Alexander 
J.  Spencer,  and  A.  J.  Yates,  School  Commissioners,  addressed  the  petition 
now  quoted,  to  the  Mayor  and  Common  Council  :  "  The  undersigned  School 
Commissioners  for  the  township  of  San  Jose',  the  county  of  Santa  Clara^ 
respectfully  represent  that  in  the  discharge  of  their  duties  of  School  Com- 
missioners, they,  and  their  predecessors  in  office,  have  established  and  main- 
tained a  public  school  in  this  place,  for  a  period  of  nearly  one  quarter,  the 
same  having  commenced  on  the  14th  day  of  March  last,  under  the  superin- 
tendence and  instruction  of  Horace  Richardson,  a  lawfully  licensed  teacher, 
and  that  a  school  of  about  sixty  pupils  has  been  collected,  who  are  now 
receiving  instruction  in  said  school. 

"  Your  memorialists  further  represent  that  the  time  for  which  said  teacher 
was  employed,  and  the  room  engaged,  is  about  to  expire  on  the  14th  day  of 
June  next,  and  that  no  funds  have  hitlierto  been  provided  for  the  further 
support  of  said  school,  and  your  memorialists  believe  it  impracticable,  at  the 
present  time,  to  ask  the  supervisors  of  the  county,  to  assess  a  tax  for  school 
purpo.ses,  on  the  taxable  inhabitants  of  this  county,  because  the  county  is 
already  deeply  involved  in  debt;  and  has,  during  the  past  year,  incurred 
great  losses  by  the  robbery  of  its  Treasury,  and  the  destruction  of  its  Court 
House. 

"Your  memorialists  further  represent  that,  by  an  Act  establishing  a  system 
of  common  schools  for  the  State  of  California,  passed  May  15,  1852,  there  is 
a  provision  made,  in  Article  V.,  for  the  establishment  and  maintenance  of 
common  schools  in  cities,  and  your  memorialists  would  respectfully  repre- 
sent the  expediency  of  an  immediate  organization  on  the  part  of  Your  Hon- 


384  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

orable  Body,  under  the  provisions  of  said  law,  for  the  purpose  of  maintain- 
ing and  supporting  said  school,  and  of  providing  a  suitable  building  for  that 
purpose. 

"  Your  memorialists  further  represent  that  the  immediate  and  speedy 
action  of  Your  Honorable  Body  is  requested  in  the  premises,  as  it  is  neces- 
sary to  continue  said  school,  in  order  to  secure  the  share  of  the  State  school 
fund,  which  is  conditionally  appropriated  for  that  purpose." 

We  will  now  turn,  for  a  moment,  to  the  monetary  affairs  of  San  Jose. 
In  reference  to  certain  claims  against  the  city,  made  by  Jackson  Lewis,  a 
special  committee  was  appointed  to  ascertain  upon  what  terms  he  would 
withdraw  certain  suits  commenced  against  the  city,  and  take  County  War- 
rants in  payment  of  all  his  demands.  To  this,  on  May  31st,  Mr.  Lewis  made 
the  following  proposition:  That  for  the  debt  and  interest,  amounting  to 
nearly  six  thousand  dollars,  which  he  thought  was  justly  due  to  him,  he 
would  be  willing  to  take  seven  thousand,  live  hundred  dollars  in  County  War- 
rants, the  city  to  give  bonds  for  the  faithful  payment  of  that  amount  to  him 
by  the  county  or,  should  the  county  refuse  to  pay,  then  the  city  to  pay  the  six 
thousand  dollars,  with  interest,  at  the  rate  of  ten  per  cent,  per  annum,  until 
paid,  and  the  city  to  bear  the  costs  of  suit.  The  report  of  the  committee 
was  accepted,  but  a  majority  of  the  Council  were  opposed  to  a  settlement  on 
such  terms;  and  after  considerable  discu.ssion,  it  was  resolved:  "That  the 
Mayor  of  the  city  is  hereby  authorized  to  use  all  legal  steps  to  defend  the 
suits  now  pending  against  the  city  by  Jackson  Lewis,  or  others."  On  May 
31st,  a  meeting  of  the  Council  was  specially  convened  to  endeavor  to  come 
to  some  amicable  arrangement  with  Mr.  Lewis.  Alderman  Brownshield 
stated  that  he  (Lewis)  had  proposed  to  withdraw  the  suits  at  his  own  cost, 
if  the  Council  would  allow  him  the  interest  on  those  bills  which  a  former 
Council  had  refused  to  pay.  This  proposition  being  corroborated  by  Mr. 
Lewis  himself,  Alderman  Murphy  then  introduced  a  resolution,  which,  on 
motion  of  Alderman  Bi-ownshield,  was  pas.sed,  authorizing  the  Clerk  to  draw 
warrants  in  favor  of  Jackson  Lewis,  to  the  amount  of  two  thousand,  two 
hundred  and  seventy-eight  dollars  and  eighty-five  cent^;,  as  interest  in  full  on 
certain  warrants,  provided  said  Lewis  withdraw  all  suits  commenced  b}'  him 
against  the  city. 

A  select  committee  appointed  to  ascertain  upon  what  terms  the  County 
Warrants  now  in  the  City  Treasury  could  be  disposed  of  to  pay  off  the  out- 
standing debts  of  the  city,  reported,  June  10th,  that,  from  what  inquiries 
had  been  made,  they  thought  no  loan  could  be  effected ;  under  existing  cir- 
cumstances, therefore,  they  advised  that  the  warrants  be  .sold. 

Alderman  Stafford  opposed  the  measure  as  being  injurious  to  the  intei'ests 
of  the  city. 

The  report  was  then  laid  over,  and  Alderman  Stafford  introduced  an  ordi- 


''"xvSt'-f': 


jonot/i 


ro 


V  uoAJiy 


THh:  NEW  yorkI 


ATTOH.    I  '>.' 


X  AMD 


SAN   J(JS1^;   TOWNSHIP.  385 

nance  allowing  all  liolders  of  city  paper  to  exchange  the  same  for  County 
Warrants,  at  the  rate  of  eiglity-five  cents  to  the  dollar,  and  instructed  the 
Clerk  to  make  the  exchange. 

An  attempt  was  next  made  to  regulate  the  disbursements  from  the  City 
Treasury,  and  an  ordinance  was  passed  to  that  effect,  but  it  received  the  fol- 
lowing veto  from  the  Mayor:  "  First,  The  city  of  San  Jose  has  no  authority 
under  law  to  prefer  one  creditor  to  another.  Second,  the  ordinance  does  not 
respect  the  age  of  the  debt,  but  only  refers  to  the  evidence  of  the  debt,  by 
which  I  mean  that  when  two  debts  were  contracted  at  the  same  time 
(neither  of  which  are  paid),  tliat  the  one  which  has  subsequently  bei-n  sub- 
divided must  be  postponed,  just  as  thougli  its  date  was  the  time  of  the  sub- 
division into  warrants,  and  not  the  time  when  the  service  was  rendered,  and 
the  city,  by  its  Treasury,  had  accepted' and  audited  the  account.  Third,  I 
believe  that  this  ordinance  will  tend  to  depreciate,  very  considei'ably,  all 
scrip  of  recent  date,  and  it  will  therefore  be  imp>ssible,  except  at  extrava- 
gant prices,  to  make  the  slightest  improvements  in  the  city,  or  to  continue, 
at  present  rates,  the  police  force."  The  vote  was  then  reconsidered,  and, 
notwithstanding  the  objections  of  His  Honor,  it  was  carried,  there  voting  in 
the  affirmative,  Aldermen  Stafford,  Goodrich,  and  Daniels;  in  the  negative, 
Aldermen  Wilson  and  Daniels. 

Continuing  the  subject  of  pueblo,  or  what  may  now  be  termed  city  lands, 
we  find  that  on  June  10,  1S53,  it  was  resolved  by  the  Common  Council, 
that  the  deed  of  trust,  whereby  the  Mayor  and  Common  Council  conveyed 
to  William  Daniels,  as  trustee,  the  property  belonging  to  the  city,  said  deed 
being  dated  November  29,  1851,  should  be  cancelled.  On  the  13th  the  fol- 
lowing petition  in  reference  to  school  lots  was  received  from  the  Rev.  Eli 
Corwin  :  "The  undersigned  w^ould  respectfully  represent  that:  Whereas, 
common  rumor  declares  that  certain  vacant  and  uninclosed  lots  of  land  have 
been  by  law  reserved  for  educational  pui-poses:  which  lots  are  not  subject  to 
taxation  by  the  city  government,  and  the  title  to  which  cannot  be  legally 
transferred,  nor  in  any  manner  permanently  alienated  from  the  specific 
object  of  such  reservation:  and,  whereas,  the  tax  list  in  the  hands  of  the 
City  Assessor  will  show  that  certain  lots  commonly  supposed  to  belong  to 
said  reserve  are  given  in  for  taxation  as  being  the  property  of  private  indi- 
viduals; it  may  be  important  for  the  guardians  of  the  city  to  inquire 
whether  any  lands  have  been  so  reserved  for  educational  purposes,  and  if  so 
how  many  lots  and  where  situated:  also  to  inquire  whether  said  lots  have 
been  illegally  sold  for  taxes,  and  if  so  by  whose  authority,  to  wdiom,  and  on 
what  terms.  For  the  full  investigation  of  this  petition,  that  a  committee  be 
appointed  to  report  at  an  early  date.  And  the  undersigned  would  further 
pray  that  if  any  illegal  transfer  of  reserved  school  lots  has  been  ma  le  by 
the  city,  their  redemption  may  be  secured  without  delay."  Tliis  petition 
26 


386  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

was  mainly  the  cause  of  a  committee  being  appointed  of  which  Alderman 
Stafford  was  chairman  to  examine  into  the  tenure  of  city  property.  On 
July  8th  they  made  the  subjoined  elaborate  report: — 

"  The  commitee  to  whom  the  resolution  of  the  Council  was  referred 
instructing  them  '  to  report  upon  the  title  of  the  city  to  the  lot  of  ground 
now  used  and  occupied  as  a  cemetery,  and  also  the  best  means  to  prevent 
encroachments  thereon,'  respectfully  submit  the  following: 

"  They  have  attended  to  the  duty  assigned  them  and  caiefully  examined 
the  records  of  the  old  A^^untamiento  and  such  other  papers  and  documents 
as  they  could  obtain  that  could  throw  any  light  upon  the  subject.  They  find 
upon  the  records  of  the  Ayuntamiento  for  the  year  1847,  that  John  Burton, 
acting  Alcalde  of  the  pueblo,  deeming  it  advisable  for  the  people,  then  resid- 
ing in  the  pueblo,  to  take  some  steps  to  protect  the  interests  of  the  pueblo, 
recommended  that  a  -committee  of  twelve  men  should  be  selected  to  report 
rules  and  regulations  for  the  future  guidance  and  protection  of  the  interests 
of  the  pueblo  and  its  citizens  in  and  to  the  lands  claimed  by  the  pueblo.  On 
February  15, 1847,  a  committee  of  twelve  was  selected  who  reported  on  June 
15,  1847,  recommending  that  the  pueblo  be  laid  off  into  lots  with  three 
public  squares,  the  blocks  bo  be  two  hundred  varas  by  one  hundred  varas, 
and  that  each  person  should  be  entitled  to  four  lots  of  fifty  varas  each,  by 
paying,  for  the  use  and  benefit  of  the  pueblo,  twelve  dollars  and  fifty  cents 
exclusive  of  other  fees.  They  further  recommended  that  a  survey  be  had  of 
the  pueblo  or  public  domain  into  lots  of  five  hundred  acres  each,  or  two 
thousand  varas  square,  to  the  number  of  ninety,  the  then  number  of  heads  of 
families  supposed  to  be  within  the  limits  ot"  the  pueblo,  and  that  each 
head  of  a  family  should  be  entitled  to  one  of  those  lots  by  paying  to  the 
pueblo  the  annual  sum  'of  three  dollars,  with  the  condition  of  planting  fruit 
and  other  trees  at  the  corner  of  their  respective  lots.  These  lots  were  selected 
by  the  parties  entitled  thereto  by  drawing  for  the  chances  of  selection,  and 
the  Alcalde  made  a  conveyance  to  the  respective  claimants. 

"  The  records  show  that  the  Alcalde  assembled  the  good  people  of  the 
pueblo  to  act  upon  the  report  of  the  Committee  of  Twelve;  that  they 
adopted  and  accepted  the  report  with  the  rules  and  regulations  suggested  by 
the  committee  for  their  future  laws  and  regulations  for  the  disposition  of 
pueblo  property. 

"  The  rules  and  regulations  adopted  for  the  pueblo,  your  committee  deem 
of  no  validity  or  binding  force  upon  the  city;  if  she  has,  or  had,  any  rights 
to  any  of  the  property  disposed  of  by  the  Alcalde.  Your  committee  are 
aware  that  many  persons  have  been  deluded  and  misled  relative  to  the 
authority  and  power  conferred  upon  Alcaldes  to  dispose  of  pueblo  or  public 
domain  and  much  anxiety  has  been  expressed  and  evinced  by  the  good 
citizens  for  the  city's  rights  to  the  rich  domain  supposed  to  belong  and  now 
claimed  by  her. 


SAN  JOSI^:  TOWNSHIP.  387 

"  In  the  distribution  of  the  property  by  the  Alcalde  in  accordance  with 
the  rules  and  regulations,  Lot  No.  3,  south  of  the  '  Five-hundred-acre  lots  ' 
and  the  following:  Lots  1  and  2,  Block  3,  Range  3,  south  of  base  line;  Lots  1 
and  2,  Block  4,  Range  5,  south  of  base  line;  Lots  3  and  4,  Block  1,  Range  4, 
north  of  base  line;  Lots  1  and  2,  Block  2,  Range  7,  north  of  base  line;  and 
Lots  7  and  8,  Block  5,  Range  5, south  of  base  line,  each  for  fifty  varas,  in  the 
city,  were  reserved,  set  apart  and  appropriated  for  primary  schools,  by  the 
Alcalde.  At  a  subsequent  period  to  the  reservation  made,  the  Alcalde 
declares  the  reservation  to  the  lots  in  the  city  to  be  null,  alleging  that  other 
lots  had  been  selected  in  lieu  thereof.  Your  committee  have  patiently  and 
carefully  examined  the  records  of  the  Ayuntamiento  to  ascertain  if  there  were 
other  lots  set  apart  or  reserved,  but  can  find  no  trace  whatever  or  mention 
made  of  the  subject  again  by  that  Honorable  and  Ancient  Body.  That 
Lot  No.  3  of  the  '  Five-hundred-acre  lots '  is  still  looked  upon  as  the  pro- 
perty of  the  city,  being  the  lot  now  used  as  a  cemetery  and  is  school  pro- 
perty. 

"  It  is  questionable  whether  the  Alcalde  had  the  right  to  annul  the  vested 
right  in  those  lots  for  the  use  of  a  school  fund  without  substituting  other 
property  of  equal  value  by  consent  of  those  interested.  Were  he  clad  with 
such  unlimited  authority,  it  would  be  an  easy  matter  for  one  that  might  be 
inclined  to  be  corrupt,  to  annul  and  make  void  all  other  grants  or  reserva- 
tions made  to  other  individuals.  The  rio-ht  to  the  school  lots,  once  acknowl- 
edged,  and  they  being  set  apart,  if  valid  at  all,  became  so  the  moment  the 
selection  was  made  and  recorded,  and  divested  the  city  of  her  right,  and 
placed  them  beyond  the  control  of  the  Alcalde  or  City  Fathers,  otherwise  to 
dispose  or  manage  them  for  that  particular  object. 

"  The  lots  set  apart  for  the  use  of  schools  have  been  sold  for  taxes,  and  are 
now  claimed  by  divers  persons.  It  matters  not,  in  the  opinion  of  your  com- 
mittee, who  the  purchasers  are,  and  by  what  authority  the  lots  were  sold, 
they  can  have  no  title  to  them,  if  the  doctrine  is  correct  that  the  city  was 
once  divested,  and  they  were  reserved  for  schools  or  a  specific  purpose.  The 
law  of  the  State  prohibits  any  property  reserved  for  schools  from  taxation. 
Neither  the  State,  county,  nor  city  had  a  right  to  assess  them,  nor  has  any 
one  the  authority  to  dispose  of  them  save  the  Common  Council  of  the  city, 
and  they  only  for  the  purposes  for  which  they  were  reserved  or  grantetl. 
Any  sale,  therefore,  by  an}'  one,  or  from  any  source,  other  than  above-men- 
tioned, would  ba  of  no  avail,  and  null  and  void. 

"As  to  tax  sales,  your  committee  are  aware  what  they  are  generally,  and 
we  would  v^entiire  the  assertion,  in  this  State  they  never  could  stand  the  test 
of  scrutiny  or  prevail  in  a  Court  of  Justice,  for  the  reasons  none  are  com- 
plied with  to  make  them  of  sufficient  validity  to  divest  one  of  his  property. 
The  laws  relative  to   the  sale  of  property  under  tax  sales  must  be  strictly 


388  HISTORY    OF   SANTA   CLARA    COUNTY,    CALIFORNIA. 

complied  with,  and  all  the  formalities  and  requisites  of  the  law  fully  carried 
out.  Such  has  never  been  done  in  this  City,  County,  or  State.  Upon  this 
point  we  have  no  reason  to  fear  our  right  or  title  to  those  lots  for  primary 
schools.  The  authority  and  power  conferred  upon  Alcaldes  to  dispose  of 
pueblo  or  public  domain  is  limited  and  restricted  to  small  quantities,  and  all 
acts  of  his,  whether  sanctioned  by  the  people  or  not,  or  whether  done  by  them 
and  executed  and  carried  into  efFdct  by  him,  dividing  the  pueblo  or  public 
domain,  and  assuming  ownership  over  it,  are  null  and  void ;  they  had  no 
authority,  either  under  Mexican  or  American  law,  and  your  committee  are 
at  a  loss  to  know  what  law,  other  than  that  recognizad  and  educed  from 
the  fable  of  the  lion  with  the  beasts  of  the  field,  furnished  the  precedent. 

"The  acts  and  doinors  of  the  Alcalde  and  the  Committee  of  Twelve,  after 
the  American  flag  had  been  unfurled  and  the  country  in  the  possession  of 
our  officers  and  citizen:?,  were  illegal  and  void,  even  had  they  the  sanction  of 
Mexican  usage,  custom  or  law,  which  your  committee  deny.  The  moment 
the  American  flag  was  thrown  to  the  breeze  and  the  country  taken  posses- 
sion of,  all  Mexican  laws  ceased  to  prevail,  save  such  as  were  necessary  for 
the  police  and  preservation  of  the  rights  of  persons  and  property.  At  the 
time  this  division  of  the  pueblo  was  going  on,  or  being  consummated.  Gov- 
ernor Mason,  at  Monterey,  in  January,  1848,  wrote  to  the  Alcalde  at  this 
place  declaring  and  proclaiming  all  such  proseedings  illegal.  His  letter  is 
now  on  file  among  the  archives.  The  city,  in  the  opinion  of  your  commit- 
tee, must  base  her  title  to  those  lots  set  apart  and  reserved  for  school  pur- 
poses, upon  the  title  she  pretends  to  assert  as  her  right  to  the  pueblo  grant 
from  the  King  of  Spain.  If  that  grant  is  valid,  her  title  to  that  property  is 
good;  otherwise,  if  her  supposed  grant  should  be  refused  by  the  Government 
of  the  United  States,  unless  she  asserts  her  rights  to  the  lots  in  the  limits  of 
the  city  under  the  Act  of  Congress,  1851.  Under  that  Act  she  could  assert 
no  valid  claim,  save  that  of  occupancy  t(3  Lot  No.  3,  south  of  the  '  Five-hun- 
dred-acre lot'^.'  The  Supreme  Court  of  this  State,  and  every  other  court, 
has  declared  that  an  Alcalde,  since  the  acquisition  of  the  country  by  our 
Government,  had  no  authority  to  grant,  sell,  or  dispose  of  real  property,  not 
even  lots  within  the  limits  of  a  Cit}'-,  Town,  or  Pueblo. 

"  All  these  proceedings  of  the  Alcalde  and  the  Committee  of  Twelve  hap- 
pened in  1847,  some  twelve  months  after  we  acquired,  or  took,  possession  of 
California.  The  rights  the  pueblo  had  under  the  Spanish  or  Mexican  Gov- 
ernment she  still  possesses,  notwithstanding  the  rules,  regulations,  surveys, 
and  divisions  of  the  pueblo  property  by  the  people.  They  remain  unaffected, 
and  no  acts  of  any  one  could  add  thereto  or  detract  therefrom. 

"  Notwithstanding  the  cloudy  mist  and  uncertainty  which  o'erhangs  the 
title  of  the  pueblo  to  the  rich  domain  that  she  claims,  your  committee  would 
suggest  the  propriety  of  redeeming  the  lots  specified  as  school  property,  if 


SAN   J0Sl5    TOWNSHIP,  389 

they  arc  of  much  v^aluc;  if  not,  they  would  sugy;e.st  tlio  propriety  of  silence 
and  patiently  awaiting  the  result  of  a  confirinatiou  of  the  title  before  the 
Government  of  the  United  States.  So  far  as  relates  to  the  lot  now  occupied 
and  used  as  a  cemetery,  we  deem  it  the  duty  we  owe  to  tlie  dead,  and  the 
respect  and  pride  we  cherish  for  our  city,  to  inclose  it  with  a  substantial 
inclosure,  at  some  future  time,  when  we  are  better  able  to  incur  the  respons- 
ibility it  imposes.  Those  who  have  friends  or  relatives  buried  there  doubt- 
less will  have  private  inclosures  around  the  graves  sufficient  to  protect  them 
from  intrusion  fi-om  any  source;  the  city  can,  and  will,  do  her  part  in  due 
season;  at  this  time  your  committee  deem  it  advisable  to  postpone  this  mat- 
ter till  a  future  time  that  it  may  be  done  properly." 

Mention  has  been  made  several  times  in  the  foregoing  report  of  the  "  Five- 
hundred-acre  lots;"  let  us  here  record  that  peculiar  document: — 

"June  29,  IS^-T.  The  Junta  being  called  together  for  the  purpose  of 
taking  into  consideration  petitions  of  several  citizens  for  the  obtainment  of 
portions  of  the  Pueblo  Lands: — 

"  We,  the  Junta,  do  decree  that  all  tlic  citizens  of  this  pueblo  who  are 
heads  of  families  shall  each  be  entitled  to  two  thousand  varas  square,  to  vvit, 
two  thousand  varas  square  to  each  family,  the  same  to  be  loaned  to  them  and 
their  heirs  forever. 

"  We  also  fuither  ordain  and  decree,  that  each  tract  of  two  thousand  varas 
square  shall  pay  to  the  said  pueblo  an  annual  tax  of  three  dollars  per  annum, 
to  be  paid  on  the  first  day  of  January  of  each  year. 

"  And  we  further  ordain,  that  all  the  lands  left  after  the  present  citizen.s 
of  this  pueblo  shall  have  received  their  portions  as  aforesaid,  shall  be  appor- 
tioned among  those  who  may  come  in  afterwards  and  become  citizens  of  said 
pueblo  in  the  order  in  which  they  shall  become  such. 

"And  we  further  oi'dain  that  the  acting  Alcalde  shall  give  notice  to  the 
people  of  this  pueblo  to  assemble  at  an  early  day  to  give  their  consent  to  these 
ordinances. 

"  We  further  ordain,  that  the  said  Alcalde  shall  choose  from  the  aforesaid 
number  of  lots  one  of  them  of  two  thousand  varas  square  for  the  use  of  a 
Public  Pueblo  School,  and  said  tract  shall  be  reserved  for  said  purpose  for- 
ever. But  in  said  school  no  religious  teachino;  shall  ever  be  allowed,  but  the 
teaching  shall  be  confined  solely  to  literature,  the  arts  and  sciences. 

"We  further  ordain,  that  those  persons  who  shall  receive  their  titles  from 
the  Alcalde  after  the  passing  of  these  regulations,  and  in  accordance  with 
them,  use  said  land  for  the  raising  of  cattle  and  for  general  agricultural 
purposes. 

"  We  further  ordain,  that  no  person  shall  be  entitled  to  any  advantages 
from  the.se  ordinances  unless  he  or  his  family  shall  be  an  actual  permanent 
settler  or  resident  of  this  pueblo. 


390  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

"  We  further  ordain,  that  if  the  said  lands  of  this  pueblo  shall  have  been 
surveyed,  there  shall  not -be  sufficient  quantity  found  belonging  to  said  pueblo 
to  allow  each  head  of  a  family  the  quantity  heretofore  specified,  then  in  that 
case  said  land  shall  be  divided  into  equal  parts  according  to  the  number  of 
those  who  wish  to  obtain  them  at  the  date  hereof,  in  accordance  with  the 
foregoing  decrees  and  in  that  mode  so  apportioned  to  the  citizens,  and  the 
aforementioned  taxes  shall  be  in  proportion  to  the  quantity  given  at  the  rate 
of  three  dollars  for  two  thousand  varas  square. 

"  Charles  White,  Wm.  Fisher, 

"  Julian  Hanks,  Isaac  Branham, 

"  John  Burton,  Salv'r  M.  Castro, 

"James  W.  Weekes,        Feliz  Buelna, 
"  Antonio  Sunol,  Dolores  Pacheco." 

December  2d  a  resolution  was  adopted,  authorizing  the  Chairman  to 
select  two  persons  from  the  Protestant  denominations,  two  from  the  Roman 
Catholic,  and  two  from  the  Jewish  Faith,  who,  together  with  the  County 
Surve3^or,  should  lay  off  the  burial  grounds — a  portion  to  each  faith,  as  also 
one  for  a  Potter's  Field.  On  the  Oth  a  petition  was  read  from  R.  Jordan, 
prajdng  the  Council  to  grant  him  the  use  of  Washington  square  for  ninety- 
nine  years.  On  the  same  day  permission  was  granted  to  property-holders  to 
open  an  old  acequia  running  across  Market  street,  near  the  house  of  Captain 
Hanks,  and  on  the  16th  the  following  petition  was  received:  "Your  peti- 
tioner would  most  respectfully  represent  to  Your  Honorable  Body,  that  for 
some  time  past  she  has  been  paying  into  the  city  treasury  the  enormous 
sum  of  five  hundred  dollars  per  month  for  license  to  gamble  in  this  city,  and 
that  she  has  good  reason  to  believe  that  games  which  are  not  hanJcing  games, 
such  as  poker,  euchre,  and  the  Spanish  game  of  Moliya  Briscci,  and  others 
of  a  similar  nature,  are  being  constantly  played  in  this  city,  in  a  secretive  man- 
ner, so  as  to  elude  the  vin^ilance  of  the  offiaers,  and  that  these  games,  although 
they  have  no  visible  bank,  yet  money  (at  times  to  a  large  amount)  is  continu- 
ally changing  hands,  and  that  the  profits  accruing  from  the  eatables  and 
drinkables  consumed  by  the  persons  directly  interested  in  such  games  goes 
to  the  benefit  of  the  owner,  or  owners,  of  the  houses  where  such  games  are 
played,  and  that  the  aforesaid  owner  or  owners  pay  no  gambling  license  or 
other  consideration  into  the  city  treasury  whatever  for  this  class  of  profit 
which  they  are  continually  receiving.  Thei-efore,  your  petitioner  prays  that 
she  may  receive  that  protection  which  is  guaranteed  to  her  by  the  ordinance 
on  gambling,  and  in  such  manner  that  when  an  officer  does  arrest  any  per- 
son found  gambling  without  a  license,  that  the  ordinance  be  strictly  enforced, 
and  that  they  be  made  to  pay  the  penalty  attached  thereto  immediately 
without  any  quibble  of  a  Higher  Law  interfering,  for  your  petitioner  takes 
it  for  granted  that  if  a  Higher  Law  does  interfere,  it  does  most  undoubtedly 


SAN   JOSI5    TOWNSHIP.  891 

interfere  on  both  sides  of  the  question,  and  that  if  Your  Honoi-able  Body 
had  the  power  to  exact  that  amount  of  license  it  also  must  have  power  to 
give  protection  to  those  who  pay,  by  attachinrj  penalties  to  those  who  break 
the  law  in  the  manner  aforesaid." 

December  2,  1853,  a  petition  from  Davis  Devine,  President  of  the  Pacific 
and  xVtlantic  Railroad  Company,  and  E.  O.  Crosby,  Chairman  of  the  Execu- 
tive Committee  of  the  Board  of  Directors,  praying  "  that  the  company  is 
duly  incorporated  under  the  laws  of  the  State  of  California.  Tiiat  said 
company  propose  to  begin  the  construction  of  that  portion  of  the  road 
between  the  city  of  San  Josd  and  the  city  of  San  Francisco  early  in  the  ensuing 
Spring  provided  the  right  of  way  can  be  obtained  on  satisfactory  terms.  That 
they  desire  to  locate  a  depot  in  the  city  on  that  piece  of  ground  known  as  St. 
James  square,  provided  the  city  authorities  would  grant  them  the  use  of  the 
same  for  that  purpose.  The  gr?.a.t  advantages  which  will  accrue  to  your  city 
by  the  early  completion  of  the  road  from  San  Francisco  to  this  point  are  so 
obvious  that  the  undersigned  deem  it  unnecessary  to  I'ecite  them  here.  The 
undersigned  would,  however,  remark  that  the  views  of  the  Directors  in  refer- 
ence to  the  early  commencement  of  the  work  will  be  greatly  promoted  if 
Your  Honorable  Body  would  donate  to  the  company  the  use  of  said  square 
so  long  as  it  may  be  used  for  the  purpose  above  set  forth." 

The  first  subject  of  general  interest  which  occurred  in  1853,  was  the  rob- 
bery of  the  County  Treasury  in  January,  when  under  the  charge  of  William 
Aikenhead.  Notice  of  this  circumstance  has  been  fully  put  before  the  reader 
in  our  chapter  on  the  Legislative  History  of  the  County. 

The  year  is  also  notable  for  one  of  the  most  disastrous  accidents  that  has 
ever  occurred  on  the  coast  of  California.  On  April  9,  1853,  the  steamer 
Jenny  Lind  left  San  Francisco  on  a  pleasure  excursion  to  San  Jost^.  On  the 
10th  she  started  from  the  embarcadero  on  her  return  trip,  having  on  board 
about  one  hundred  and  fifty  passengers,  among  whom  were  a  number  of 
ladies  and  children.  At  ten  minutes  past  twelve — the  boat  being  then 
about  four  miles  from  the  west  shore  of  the  bay — a  violent  tremor  was  felt 
throughout  the  craft,  and  in  a  second  after,  a  tremendous  report  was  heard, 
and  the  whole  vessel  was  enveloped  in  a  dense  cloud  of  scalding  steam.  The 
dead  in  this  catastrophe  amounted  to  forty  ;  the  wounded  to  about  twenty. 
Of  the  former  were  Barnard  Murphy,  Jr.,  Charles  White,  of  San  Jose; 
and  among  the  later  Jacob  D.  Hoppe,  the  last  named  of  whom  died  of  his 
injuries.  It  is  only  necessary  in  this  place  to  say  that  San  Jose  could  little 
afford  to  lose  such  ai)le  and  prominent  citizens;  when  in  her  infancy  she 
could  little  spare  them. 

The  month  of  February  saw  the  Bascom  Institute  opened  under  the  con- 
duct of  the  Pacific  Conference,  with  Mrs.  R.  C.  Hammonrl  as  Principal,  and 
was  for  a  long  time  the  only  Protestant  seminary  of  the  kind  in  the  valley. 


392  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

In  March  a  common  school  was  ors^anized,  with  the  Rev.  Horace  Richard- 
son  at  its  head,  and  in  June  another  institution  of  learning  was  opened  in 
the  Baptist  church  by  Orrin  Hinds,  wlio,  in  August,  was  transferred  as 
Assistant  to  Principal  Samuel  Lea,  in  the  superintendence  of  the  San  Jose 
Academy.  In  this  year,  too,  the  Sisters  of  Notre  Dame  commenced  the 
erection  of  the  brick  college,  a  description  of  which  will  be  found  further  on. 

On  March  29th  the  State  House,  of  which  we  have  heard  so  much, 
became  a  prey  to  the  devouring  element,  when  the  adobe  building  of  F. 
Lightston,  on  Lightston  alley,  was  transformed  into  a  temporary  Court 
House,  the  Hall  of  Justice  being  afterwai-ds  removed  to  the  "  What  Cheer 
House,"  on  the  corner  of  San  Fernando  and  Second. 

In  this  year  were  laid  out  by  James  R.  Lowe,  Sr.,  the  elegant  grounds 
now  owned  by  Mrs.  Samuel  J.  Hensley,  which  were  then  purchased  by  her 
husband.  This  beautiful  private  park  contains  twenty-five  acres.  Here 
may  be  seen  some  beautiful  specimens  of  the  magnolia  tree,  which  blossoms 
throughout  the  Summer,  together  with  many  rare  trees  and  plants  from 
the  tropics,  all  thriving  luxuriantly  in  the  open  air.  The  grounds,  which 
are  kept  witli  scrupulous  neatness,  are  among  the  most  noted  and  attractive 
features  of  San  Jos^. 

In  the  month  of  October,  1853,  the  two  cities  of  San  Jose  and  San  Fran- 
cisco were  connected  by  telegraph,  while  about  the  same  time,  owing  to  a 
belief  that  railroad  communication  would  soon  be  opened  between  these 
points,  the  price  of  real  estate  in  the  former  town  advanced  in  a  great 
degree.  By  the  first  of  December  nearly  all  the  stock  in  the  Railway  Com- 
pany was  subscribed  for;  EUiott  Reed  disposed  of  his  cottage,  situated  just 
north  of  the  Court  House,  for  five  thousand  dollars;  Dr.  Devigne  sold,  for 
eight  thousand  dollars,  to  Bonacino  &  Protolonzo  the  house  that  had  been 
erected  by  him  on  Santa  Clara  street;  and  a  lot  belonging  to  Frank  Light- 
ston, at  the  south-west  corner  of  First  and  Santa  Clara  streets,  where  the 
First  National  Gold  Bank  now  is,  was  bought  for  three  thousand  five  hun- 
dred dollars.  Not  long  afterwards  these  properties  were  worth  a  great  deal 
more. 

In  this  year  F.  B.  Murdoch  obtained  control  of  the  Santa  Clara  Register, 
and  changed  its  name  to  the  San  Jose  Telegraph.  As  such  its  publication 
was  continued  until  18G0,  when  it  went  into  the  hands  of  W.  A.  Slocum, 
and  in  the  following  year  was  merged  into  the  San  Jose'  Weekly  Mercury. 

The  Telegro.ph,  of  November  10,  1853,  whose  back  numbers  have  been 
courteously  placed  at  our  disposal  by  Mr.  Murdoch,  its  then  editor  and  pub- 
lisher, informs  us,  in  that  year  eleven  hundred  and  fifty  thousand  bu)-nt 
bricks  of  excellent  quality  had  been  used  during  the  season  in  building 
homes  in  San  Jose,  nine  thousand  of  these  being  manufactured  in  the  city, 
and  the  balance  coming  from   the  kilns  of  Santa  Clara.     These  wei-e  used 


SAN   JOSlt.   TOWNSHIP.  393 

principally  iu  the  construction  of"  some  of"  the  ont?  liuudied  liuuses  which  were 
raised  in  that  year,  among  them  being  the  Mariposa  Store  of  Auzerais 
Brothers,  on  Market  street;  the  brick  dwelling-house  near  the  corner  of  Filth 
and  St.  John  streets;  and  the  building  at  the  south-east  corner  of  Santa 
Clara  street  and  Pacheco  alley. 

1854-. — The  first  subject  of  interest  to  occur  in  the  year  1854,  was  the 
introduction,  on  January  6th,  of  a  resolution  that  the  interest  of  the  city  in 
the  San  Jose  Land  Company  should  be  sold  at  auction,  after  thirty  days' 
public  notice ;  but  the  matter  was  afterwards  postponed  indefinitely,  it  not 
meeting  with  the  approbation  of  the  Council. 

Cn  January  13th,  a  petition  was  received  from  George  Hale,  S.  Waterman 
and  J.  Braun,  a  committee  on  the  part  of  the  San  Jos^  Hook  and  Ladder 
Compan}',  No.  1,  praying  the  Council  to  take  such  action  as  should  be  best 
calculated  to  perfect  their  arrangements;  as  also  to  appropriate  such  sums  of 
money,  as  should  be  necessary  for  the  purchase  of  apparatus,  etc.  Accom- 
panying the  memorial,  were  the  Constitution  and  By-Laws  of  the  organiza- 
tion. The  question  was  referred  to  Aldermen  Wilson  and  Emerson,  who 
were  directed  to  confer  with  the  Foreman,  and  draw  up  an  oi-dinance  to 
cover  the  grounds  embraced  in  the  prayer.  The  committee  were  further 
ordered  to  secure  the  lease  of  a  lot  whereon  to  erect  a  suitable  building  for 
the  accommodation  of  the  company,  and  to  ascertain  wliat  the  probable  cost 
of  such  would  be.  On  the  3d  February,  they  reported  that  Frank  Lightston 
had  generou.'sly  tendered  a  piece  of  land,  to  the  Mayor  and  Common  Council 
for  ten  years,  at  the  nominal  rent  of  twenty-five  cents  per  annum,  provided 
the  Council  would  erect  a  suitable  building  Avithin  twelve  months.  In  the 
meantime  the  company  was  quartered  in  the  room  adjoining  the  Mayor's 
office.  On  June  2Gth.  the  following  Fire  Wardens  were  appointed:  Ward, 
No.  1,  J.  H.  Scull;  Ward,  No.  2,  Dr.  J.  C.  Spencer;  Ward,  No.  3,  F.  G. 
Appleton;  Ward,  No.  4,  Peter  Davidson.  On  this  date  Aldermen  Wilson, 
Houghton,  and  Bodfish  were  chosen  a  committee  to  ascertain  if  a  suitable 
fii'e  engine  could  bo  purchased  in  San  Francisco,  who,  July  17th,  reported 
that  one  could  be  so  obtained  for  eighteen  hundred  dollars  cash;  that  hose 
could  be  procured  at  one  dollar  and  fifty  cents  per  foot;  and  that  the  follow- 
ing cisterns  would  be  required:  one  in  the  square  of  Market  and  Santa  Clax'a 
streets;  one  in  the  square  of  Santa  Clara  and  First  streets;  one  in  front  of 
the  Mariposa  Store;  and  one  in  front  of  Jones'  store  (where  the  Elntract  is 
now  located).  To  defray  these  expenses,  a  .sum  of  thirteen  hundred  and  fifty- 
five  dollars  was  collected,  and  the  necessary  balance  i-aised  on  City  Warrants, 
the  total  cost  beinor  two  thou.sand  five  hundred  and  fortv-six  dollars,  twenty- 
five  cents.  On  July  24,  1854,  Empire  Engine  Company,  No.  1.  was  organ- 
ized, and  admitted  into  the  Fire  Department. 

Alderman  Wilson,  January  20th,  gave  notice   that  in   the  year   1848,  a 


394  HISTORY    OF    SANTA   CLARA   COUNTY,    CALIFORNIA. 

number  of  lots  in  the  city  had  been  set  apart  and  reserved  for  school  pur- 
poses, he  therefore  moved  that  a  committee  of  two  be  appointed  to  inves- 
tigate the  subject.  This  was  done,  and,  on  the  27th,  they  reported  that 
Charles  White,  Alcalde,  in  order  to  comply  with  the  voice  of  the  people,  as 
manifested  in  a  convention  assembled  June  30,  1847,  did  select  fifty-two 
lots  of  fifty  varas  square  each,  for  the  benefit  of  public  schools. 

March  3d,  Alderman  Stafford  moved  that  a  select  committee,  consisting  of 
Aldermen  Murphy  and  Daniels,  be  apjjointed  to  confer  with  the  Board  of 
Township  School  Commissioners,  and  the  Board  of  Trustees  elected 
by  the  citizens  of  the  city  at  a  meeting  held,  February  28th,  for  the  purpose 
of  ascertaininGC  the  cost  of  a  suitable  building  for  the  uses  of  common  schools. 
The  resolution  was  adopted,  and  the  matter  further  discussed  on  March  10th, 
when  the  plan  of  a  house,  presented  by  Rev.  Eli  Corwin,  meeting  with  the 
views  of  the  Council,  -was  accepted,  and  a  determination  arrived  at  to  request 
Levi  Goodrich  to  make  an  estimate  of  its  probable  cost.  Mr.  Goodrich  laid 
the  expense  at  five  thousand  dollars.  A  committee  was  now  chosen  to  con- 
sult with  the  Commissioners  of  Common  Schools,  the  Council  in  the  mean- 
time unanimously  passing  an  ordinance,  appropriating  the  sum  of  thirty-five 
hundred  dollars  towards  the  construction  of  the  building,  a  measure,  how- 
ever, which  was  repealed  the  24th  March. 

On  April  6th,  just  before  the  election,  the  city  debt  amounted  to  three 
thousand  four  hundred  and  eight  dollars.  Three  years  previously  it  had  been 
sixty  thousand  dollars. 

The  result  of  the  election  held,  April  10,  1854,  was  as  follows:  Mayor, 
Thomas  W.  White;  Common  Council,  John  M.  Murphy,  President,  John 
Wilson,  S.  0.  Houghton,  J.  McGill,  Charles  Moody,  Frank  Lightston,  George 
H.  Bodfi.sh;  Marshal,  George  Hale:  Attorney,  A.  C.  Campbell;  Treasurer, 
T.  L.  Vermeule ;  Assessor  and  Clerk,  E.  P.  Reed.  On  the  5th  December,  O. 
H.  Allen  was  elected  to  the  Civic  Chair,  in  place  of  His  Honor  Thomas  W. 
White,  who  had  ceased  to  be  a  resident  of  the  State. 

A  committee  that  had  been  appointed  to  ascertain  the  feasibility  of  con- 
ducting the  water  of  the  Acequia  through  pipes  into  cisterns  placed  in  different 
parts  of  the  city,  reported,  July  3d,  the  matter  entirely  practicable,  and 
recommended  the  construction  of  such  receptacles,  with  the  necessary  pipes, 
of  redwood.  On  the  16th  October,  Joseph  Aram  and  William  N.  Stafford 
were  elected  to  the  Council,  vice  Aldermen  Bodfish  and  Murphy,  I'esigned; 
and,  November  18th,  an  ordinance  authorizing  the  issue  of  City  Bonds, 
bearing  interest  two  and  a  half  per  cent,  was  adopted. 

During  the  year  1854,  the  subject  of  a  City  Hall  attracted  considerable 
attention.  The  first  mention  in  the  records,  of  any  step  being  taken  in  the 
matter,  is  on  August  14th,  when  a  committee  consisting  of  Aldermen  Wilson, 
Mood}^  and  McGill,  were  appointed  to  call  for  proposals  for  building  such  a 


SAN   .JOS^:   TOWNSHIP.  395 

Hall,  iu  accordance  with  plaus  and  specifications  lying  in  the  office  of  the 
City  Clerk.  Meanwhile  otiers  of  edifices,  looked  upon  as  eligible,  were  made; 
on  the  20th  September,  the  American  House  was  tendered  for  the  purpose, 
while,  on  October  2d,  a  numerously  signed  petition,  from  tax-payers,  was 
presented  to  the  Common  Council,  praying  that,  "at  an  early  date,  a  large, 
substantial  brick  building,  suitable  for  a  Town  Hall,  and,  if  necessary,  to 
accommodate  the  Legislature  of  the  State  during  their  next  session,  should 
be  constructed."  The  petititon  was  accompanied  by  a  communication  from 
His  Honor  the  Mayor,  urging  that  the  prayer  receive  immediate  attention; 
and  a  committee  composed  of  Aldermen  Wilson,  Lightston  and  Moody,  were 
appointed  to  take  the  matter  in  hand.  At  the  suggestion  of  Alderman 
Houghton,  a  preamble  and  resolution  was  adopted,  leaving  it  to  the  decision 
of  the  people,  at  the  ensuing  election,  whether  or  not  they  were  in  favor  of  the 
erection  of  a  City  Hall,  at  a  cost  not  to  exceed  the  sum  of  twenty  thousand 
dollars.  At  the  election  held  October  16tb,two  hundred  and  sixty-five  votes 
were  cast  in  favor  of  the  building,  and  fifty-seven  against  it.  On  the  2.5th 
of  October  the  committee,  chosen  for  the  purpose,  reported  in  favor  of  the 
lot  offered  by  Dr.  Cory,  for  fifteen  hundred  dollars  cash,  as  a  suitable  site  for 
the  building,  while  an  ordinance  was  passed  authorizing  a  loan  of  twenty 
thousand  dollars,  at  a  rate  of  interest  not  to  exceed  three  per  cent,  per  month, 
to  be  used  in  its  construction.  Meanwhile  the  subject  assumed  another 
phase.  The  committee  appointed  to  examine  such  buildings  as  miglit  be 
suitable  for  a  City  Hall,  and  also  answer  the  purpose  of  a  Legislative  Hall, 
November  loth,  reported  a  proposition  from  D.  Emanuelli,  which  being  read 
and  discussed,  was,  on  motion,  accepted.  It  was  as  follows:  "I  will  sell  my 
lot  and  new  adobe  houses,  situated  on  North  Market  street,  to  the  city  of 
San  Jos^,  for  eight  thousand  dollars;  two  thousand  dollars  to  be  paid  in  cash, 
and  six  thousand  dollars  to  be  paid  in  twelve  months,  bearing  interest,  from 
date,  at  two  and  one-half  per  cent,  per  month."  An  acceptation  committee 
was  appointed  to  make  the  necessary  alterations,  raise  funds  for  carrying 
them  out,  and  examine  into  the  titles  of  the  lot. 

Perhaps  no  greater  boon  has  been  conferred  on  a  city  than  has  been 
received  by  San  Jose  in  supplying  it  with  water  from  artesian  wells.  In 
the  year  1854  was  this  benefaction  introduced.  Early  in  January  Merritt 
Brothers  employed  a  well-borer  to  obtain  water  for  their  premises  on  Fifth 
street.  After  boring  to  the  depth  of  eighty  feet  a  stream  of  water  was 
struck  which  gushed  up  to  the  surface  in  a  bold  rapid  stream  almost  enough 
to  turn  a  mill.  The  boring  was  done  with  a  six-inch  auger.  Others  at 
once  commenced  to  be  con'^tructed  in  different  portions  of  the  city  and  coun- 
try, until  to-day  there  are  considerably  more  than  a  thousand  of  these  in 
the  county. 

In  March,  1854,  smarting  under  the  loss  of  the  capital,  the  question  as  to 


396  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

the  legality  of  its  removal  to  any  other  town  than  San  Josd  was  presented 
to  the  Supreme  Court  in  the  shape  of  a  writ  to  construe  the  Act  of  Removal. 
It  was  decided  by  a  majority  of  the  Judges  that  San  Jose  was  still  the  cap- 
ital. On  the  sti'ength  of  this  judgment  a  writ  of  mandate  was  issued  out  of 
the  Third  District  Court,  against  all  the  State  officers,  commanding  them  to 
remove  their  offices  to  San  Jose,  or  show  cause  why  they  should  not  do  so. 
After  the  argument  was  heard  the  Court  sustained  the  writ,  holding  that 
San  Jose  was  the  capital.  An  appeal  from  this  decision  was  taken  to  the 
Supreme  Court,  who  now  decided  that  San  Jose'  was  not  the  capital  of  the 
State,  yet,  there  are  those  who  maintain  that  the  Garden  City  was  wrong- 
fully deprived  of  her  well-earned  honors. 

On  the  6th  of  May  a  meeting  was  held  in  the  Mayor's  office  under  the 
presidency  of  H.  C.  Melone  when  a  County  Agricultural  Society  was  organ- 
ized with  the  followiag  officers  appointed  May  20th:  President,  Dr.  L.  H. 
Bascom;  Vice-President,  J.  F.  Kenney;  Recording  Secretary,  E.  P.  Reed; 
Corresponding  Secretary,  W.  S.  Letcher;  Treasurer,  F.  G.  Appleton;  Board 
of  Managers,  Frost  of  Fremont,  J.  B.  Allen  of  Gilroy,  James  Houston  of 
Alviso,  Joseph  Aram,  W.  R.  Bassham,  Dr.  Langhorn  and  Lemuel  Robinson 
of  San  Jose. 

In  the  month  of  June  robberies  would  appear  to  have  been  more  than 
ordinarily  numerous.  On  the  night  of  the  22d,  the  store  of  L.  Lazarus  & 
Co.  was  broken  into  and  five  hundred  dollars'  worth  of  goods  stolen,  while 
on  the  26th,  an  attempt  was  made  upon  the  premises  of  Mr.  Devoto  on 
North  Market  street.  In  this  month  too  the  Hook  and  Ladder  Company 
erected  an  alarm  bell  weighing  four  hundred  and  nineteen  pounds,  on  a 
temporary  belfry  at  the  rear  of  the  engine  house.  The  bell  cost  four  hundred 
and  four  dollars  which  was  entirely  contributed  by  members  of  the  company 
and  some  citizens.  About  midnight  on  the  1st  July  the  cry  of  fire  was  heard 
and  the  clear-toned  bell  rang  out  the  alarm.  The  scene  of  tiie  conflagration 
turned  out  to  be  the  Baptist  church  situated  on  Sauta  Clara  street,  between 
First  and  Second,  it  was  undoubtedly  the  work  of  an  incendiary  for  no  fire 
had  been  used  in  the  building  for  a  considerable  period.  On  the  4th  of  this 
month  the  San  Jose  Semi-Weekly  Tribune  issued  its  first  number;  while 
about  the  same  time  the  far-e  from  San  Francisco  to  San  Jose  by  Dillon, 
Hedge  &  Co.'s  stage  line  was  reduced  from  eight  to  six  dollars.  On  the  22d 
July  Deraasio  Berreyessa  was  hanged  by  the  Vigilance  Committee.  Of  this 
transaction  the  Telegraph  says:  "On  Friday  night  one  of  those  dreadful 
deeds  was  done  in  this  city,  shocking  to  all  our  moral  sensibilities  and  our 
notions  of  social  duties  and  rights,  but  which  too  often  occur  in  new  and  ill- 
regulated  communities,  and  among  a  people  over  whom  a  faithful  and  vigor- 
ous administration  of  the  law,  has  not  yet  attained  a  corrective  agency  in 
the  punishment  of  heinous  offenses.     Early  on  Saturday  morning  a  man 


SAN   J()S£   TOWNSHIP.  3{»7 

was  seen  suspendeil  by  tlie  neck  to  the  limb  of  a  tree,  in  the  south-eastern 
pai't  of"  the  city.  His  hands  were  tied  behind  hiin ;  liis  tongue  discolored, 
was  protruding  from  his  mouth;  and  the  whole  appearance  of  the  unfortu- 
nate victim  of  a  misguided  sense  of  duty,  indicated  that  he  had  been  dead 
for  an  hour  or  tw^o.  On  this  terrible  tragedy  being  communicated  to  Justice 
Murdoch,  he  repaired  to  the  spot,  and  summoned  a  Jury  of  Inquest,  who 
found  that  the  name  of  the  deceased  was  Demasio  Berreyessa  whose  residence 
w^as  near  the  New  Almaden  mines,  and  that  he  came  to  his  death  by  being 
hung  by  the  neck  from  the  tree,  with  a  rope,  by  persons,  to  the  Jurors 
unknown.  Demasio  Berreyessa  is  a  young  man  of  about  thirty  years  of  age; 
a  wife,  three  small  children,  a  mother,  and  several  brothers  survive  him.  The 
family  are  the  proprietors  of  a  large  and  valuable  tract  of  land  near  the 
New  Almaden  mines,  upon  which  they  reside;  and  the  family  connection  is 
very  large  numbering  many  among  the  most  respectable,  as  well  as  many  of 
the  most  worthless,  of  the  California  race.  The  general  reputation  of  this 
particular  family  is  bad.  Violent,  brutal,  revengeful  and  blood-thirsty,  the 
Berreyes.sas  have  been  looked  upon  as  bad  citizens  and  dangerous  men.  But 
it  is  but  justice  to  the  memory  of  the  deceased  to  say,  that  among  all  his 
brothers,  Demasio  was  considered  the  best. 

"  The  particular  grounds  or  evidence  of  guilt  which  led  to  this  man's  fear- 
ful end  at  the  hand  of  a  secret  as.sociation,  we  have  not  been  able  to  learn, 
but  rumor  alleges  that  it  is  on  account  of  a  supposed  participation  in  the 
murder  of  Alexander  W.  McClure.  *  *  The  friends  of  the  deceased,  and  the 
California  population  generally,  deny  that  Demasio  had  any  participation 
in  the  murder  of  McClure;  while  there  are  not  a  few  among  the  Americans, 
who  doubt  his  guilt,  and  seek  in  another  direction  for  the  perpetrators  of  the 
crime.  Others  are  not  backward  in  expressing  their  contempt  for  the  min- 
isterial officers  of  the  law,  who,  regardless  of  their  oaths  and  duty,  if  they 
do  not  openly  encourage,  do  nothing  to  stay  such  lawless  proceedings.  On 
Sunday  the  body  of  the  unfortunate  Demasio,  in  an  open  coffin,  was  carried 
on  the  shoulders  of  his  friends  and  relatives,  through  the  city,  followed  by  a 
number  of  his  countrymen  and  women,  whose  wails  wei'e  painfully  distress- 
ing— it  was  taken  to  Santa  Clara  for  interment." 

On  the  14th  September,  the  Houring  mill  of  Bassham  &  Kincaid,  on  the 
Guadalupe  river,  was  opened  under  the  mo.st  auspicious  circumstances; 
while  in  this  year  a  foundry  was  established  by  Mr.  Allbee.  At  this  period 
it  is  said  that  buildinofs  were  in  the  course  of  erection  all  over  the  city,  but 
especially  in  those  portions  where  artesian  water  had  been  obtained.  The 
precise  quarter  where  these  most  existed  was  in  the  eastern  part  of  the 
town,  from  Santa  Clara  street  to  below  Washington  square,  while  on  the 
banks  of  the  Coyote,  R.  G.  Moody  was  constructing  a  first-class  fiouring  mill 
to  be  fed  entirely  by  artesian  water;  and  the  Messrs.  Cotterills  had  brought 
to  completion  a  large  distillery. 


398  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

In  this  year,  too,  was  established  a  district  school,  by  Freeman  Gates,  on 
the  corner  of  Santa  Clara  and  Third  streets,  making  the  second  public 
school  in  the  city. 

1855. — On  the  12th  February  of  this  year,  the  office  of  Captain  of  Police 
was  created,  and  an  ordinance  passed  defining  his  duties;  on  the  5th  April,  the 
duties  of  Delegates  of  the  Fire  Department  were  resolved  upon;  while  on  the 
12th  of  the  same  month,  the  election  was  held,  and  the  following  gfentlemen 
selected  to  perform  corporation  duties:  Mayor,  S.  O.  Houghton;  Common 
Council,  William  Daniels,  A.  S.  Beatty,  S.  M.  Cutler,  P.  O.  Minor,  R.  G. 
Moody,  C.  Martin,  John  M.  Murphy ;  Marshal,  T.  E.  Soublette ;  Treasurer, 
John  H.  Moore;  Assessor  and  Clerk,  E.  P.  Reed;  Attorney,  William 
Matthews;  Street  Commissioner,  John  Wilson. 

The  following  preamble  and  resolution  was  offered  on  May  28th,  by  Alder- 
man Cutler  :  '•'Wheri<!as,  That  heretofore  there  were  donated  and  set  apart 
by  the  city  of  San  Jose,  for  school  purposes,  some  fifty  to  sixty  fifty-vara 
lots  in  said  city,  and  it  is  represented  that  said  lots  have  been  illegally 
assessed  and  subsequently  sold  for  taxes,  Therefore,  Resolved,  That  the  City 
Attorney  be,  and  he  is  hereby  authorized  and  requii-ed  to  make  a  full  exam- 
ination as  to  the  present  interest  the  city  has  in  said  lots,  and  if  in  his  opin- 
ion, they  can  be  made  available  for  the  purposes  for  which  they  were 
intended ;  giving  a  description  of  the  same,  and  that  he  make  a  report  to  the 
Council,  at  his  earliest  convenience." 

In  further  regard  to  schools,  the  petition  of  a  large  number  of  citizens, 
presented  to  the  Common  Council,  October  Sth,  pra3dng  that  the  school  at 
the  corner  of  San  Fernando  and  Market  streets  should  be  taken  under  the 
control  and  protection  of  the  city,  was  referred  to  a  committee;  while, 
December  3d,  it  was  resolved  that  the  City  Treasurer  call  upon  and  receive 
from  the  Treasurer  of  Santa  Clara  county  all  moneys  that  may  be  due  and 
coming  to  the  city  as  a  school  district  under  the  laws  of  the  State  of  Cali- 
fornia, the  amount  so  received  to  be  held  by  him  subject  to  the  action  of 
the  Council. 

On  New  Year's  day,  1855,  the  San  Jos^  fire  companies  paraded  the  streets, 
and  held  other  exercises.  They  met  at  the  engine-house  on  Lightston  alley, 
and,  after  being  formed  in  procession,  marched  through  the  principal  streets 
of  the  city  to  the  "  brick  church,"  where,  after  prayer  by  the  Rev.  Eli 
Corwin,  Miss  Mary  Crane,  on  behalf  of  the  ladies  of  San  Jose,  presented 
Empire  Engine  Company,  No.  1,  with  a  beautiful  and  tastefully  adorned 
banner.  These  ceremonies  wei'e  followed  by  a  collation  at  the  City  Hall, 
and  a  most  enjoyable  time  spent.  In  this  month,  January,  we  find  that  the 
Pacific  and  Atlantic  Railroad  Company,  having  been  fully  organized,  had 
determined  on  a  vigorous  prosecution  of  the  work.     Operations  were  com- 


SAN    JOSlfi   TOWNSHIP.  399 

menced  upon  the  njaJ,  uu  the  i'jth,  uii(.li;r  William  J.  Lewis,  Chief  Engineer; 
and  Messrs.  Wood  and  Healy,  Assistants,  on  St.  James  square. 

On  February  5, 1855,  the  "  Santa  Clara  County  Dragoons"  was  organized, 
and  elected  the  following  officers:  Captain,  S.  J.  Hensley;  First  Lieutenant, 
S.  O.  Houghton;  Second  Lieutenant,  Mr.  Hani;  Junior  Second  Lieutenant, 
F.  S.  McKinney;  Orderly  Sergeant,  Fountain  Letcher;  Second  Sergeant, 
John  Royall ;  Third  Sergeant,  D.  Melone;  Fourth  Sergeant,  J.  Kincaid- 
First  Corporal,  F.  G.  Appleton;  Second  Corporal,  Thomas  E.  Soublette; 
Third  Corporal,  William  M.  Cameron;  Fourth  Corporal,  L.  C.  Ward;  Sur- 
geon, Dr.  Ligersoll;  Saddler,  S.  Bossier;  Farrier,  W.  C.  Wilson. 

In  the  month  of  March,  there  would  appear  to  have  been  considerable 
excitement  in  regard  to  the  Kern  River  mines,  several  companies  having 
been  made  up  in  San  Jose  to  proceed  thither.  On  April  16th,  the  Common 
Council  held  its  first  session  in  the  new  City  Hall.  This  building  was  situ- 
ated on  Market  street,  and  was  planned  by  Levi  Goodrich,  under  whose 
supervision  it  was  built.  It  w^as  two  stories  in  height,  the  upper  floor  con- 
taining a  spacious  apartment,  fifty -five  feet  long  and  forty  feet  wide.  It  is 
described  as  having  been  of  elegant  finish,  of  fine  proportions,  and  one  of 
the  most  beautiful  rooms  in  the  State.  The  time  was  when  it  was  thouo-ht 
that  it  might  be  used  as  a  Legislative  Chamber. 

On  the  morning  of  May  31,  1855,  a  large  fire  broke  out  in  the  most  populous 
quarter  of  the  cit}^,  whereby  a  great  amount  of  damage  was  sustained.  As 
it  was  a  conflagration  of  considerable  magnitude  we  reproduce  the  Telegraph' 
report:  "The  fire  originated  in  a  small  frame  building,  situated  on  a  short 
naiTOw  alley,  east  of  Market  and  south  of  El  Dorado  street,  which  was 
tenanted,  as  were  several  other  buildings  on  the  same  alley,  b}'^  a  number  of 
Mexican  women  of  ill-fame.  Immediately  west  of  these  tenements,  and 
fronting  on  j\farket  street,  were  the  stores  of  Lazarus  &  Co.,  clothing  and 
dry-goods  merchants,  corner  of  Market  and  El  Dorado ;  the  fruit  and  grocery 
store  of  Giovano  M.ulinari ;  the  vegetable  and  grocery  store  of  Baptiste  Sou- 
laris;  the  jewelry  store  of  L.  E.  Veuve;  the  confectionery  establishment  of 
Madame  Alviso,  and  the  extensive  saddlery  emporium  of  Augustin  Schwceb. 
All  of  these  suffered  considerable  loss.  The  ravaq:es  of  the  fire  southward 
were  checked  by  the  brick  walls  of  the  large  fire-proof  building  of  Auzerais 
Brothers ;  these  alone  saved  the  entire  block  from  destruction."  After  the 
fire  had  burned  to  the  ground,  the  body  of  a  man,  half-consumed,  was  found 
among  the  embers;  a  portion  of  his  legs  and  arms  were  burned  away.  It 
was  recognized  as  the  body  of  Marsalino  Monrealo,  a  Mexican,  employed  as 
cook  by  the  parties  in  whose  house  the  fire  originated. 

Of  the  improvements  going  on  at  this  time,  the  same  periodical  of  June 
21,  1855,  states:  "On  the  south-east  corner  of  Market  and  Santa  Clara 
streets,  Frank  Lightston  is  erecting  throe  fire-proof  brick  stores.     The  found- 


400  HISTORY    OF    SANTA   CLARA   COUNTY,    CALIFORNIA. 

ation  walls  are  laid  broad  and  deep;  the  buildincr  is  sixty-four  feet  front  on 
Market  street  by  forty-eight  feet  deep  on  Santa  Clara  street,  and  will  be  two 
stories  high ;  brick  partition  walls  separate  the  stores.  The  upper  story  is  to 
be  partitioned  off  into  offices  and  bed-rooms ;  the  iron-work  for  door  and 
window-frames  for  these  .stores,  we  are  informed,  cost  three  thousand  dollars. 
Beautiful  blocks  of  well-dressed  China  granite  form  the  water-table  of  the 
foundation  walls,  and  handsomely-dressed  freestone  from  the  hills  of  New 
England,  will  form  the  sills  and  caps  of  the  windows  and  doors.  The  build- 
inof  is  under  the  direction  of  Levi  Goodrich,  architect."  Of  another  edifice 
the  same  authority  remarks:  "  On  the  north-west  corner  of  Santa  Clara  and 
Market  streets,  Don  Pedro  Davidson  is  erecting  foui-  fire-proof  brick  stores. 
This  building  is  one  hundred  and  eight  feet  front  on  Santa  Clara  street  by 
thirty-six  feet  deep  on  Market  street,  and  is  to  be,  for  the  present,  but  one 
story  of  thirteen  feet  m  height.  The  foundation  walls  are  laid,  and  a  beau- 
tiful water-table  of  well-dressed  China  granite  caps  them  ;  in  these,  iron  door 
and  window-frames  are  fastened,  and  the  masons  are  briskly  at  work  rearing 
the  superstructure.  Dressed  China  granite  work  will  be  u.sed  for  the  caps 
and  sills  of  the  windows  and  doors.  The  iron-work  cost  fifteen  hundred  and 
fifty  dollars.  It  was  originally  intended  to  divide  this  building  into  six  stores 
of  about  eighteen  feet  in  width  each,  and  it  is  to  be  regretted  that  that  design 
was  not  carried  out;  but  under  present  circumstances  the  two  end  rooms  are 
to  be  thirty-six  feet  by  thirty-eight  feet  deep.  A  substantial  brick  wall 
separates  the  several  store-rooms  of  this  building."  On  the  25th  June  of  this 
year,  St.  John's  Day,  the  Masonic  fraternity  had  a  public  demonstration  and 
procession,  finishing  with  a  grand  ball  in  the  evening;  while  on  the  fourth 
of  July  there  was  a  celebration  of  more  than  ordinary  grandeur,  the  oration 
being  delivered  by  the  Rev.  Eli  Cdrwin,  and  the  Declaration  of  Independ- 
ence read  by  R.  A.  Redman. 

At  this  season,  we  are  informed,  the  weather  was  unprecedentedly  warm 
on  Saturday,  July  7th,  and  two  following  day.s,  the  thermometer  registering 
one  hundred,  ninety-six,  and  ninety  degrees  in  the  shade.  In  this  year  the 
artesian  well  on  Market  street  was  bored,  the  depth  attained  being  two 
hundred  and  fifty  feet,  when  water  was  found,  while  of  other  concerns  all 
that  can  be  said  for  1855,  is  that  crops  were  light,  and  though  building 
progressed  at  a  fair  rate,  business  was  compai-atively  dull. 

1856. — On  the  21st  January,  1856,  the  committee  appointed  to  examine 
and  report  upon  the  school  at  the  corner  of  San  Fernando  and  Market  streets, 
made  the  verbal  statement  that  there  were  about  fifty  pupils  in  regular 
attendance;  the  teacher  was  mainly  supported  from  private  sources;  and  an 
appropriation  should  be  made  for  his  benefit  to  correspond  with  the  amount 
paid  to  the  other  city  teachers  by  the  State.  On  April  16th,  an  ordinance 
to  establish  and  regulate  a  system  of  common  schools  for  the  city  of  San 


yr<^    ■■' 


/ 


/ 


Tl-J  l;  i\'  j^w  YORK 

PUBLIC  LIBRARY 


A8T0H,   L&NOX  AND 
TILBEN  FOUN«ATlONa. 


SAN    J0SI5    TuWNSlIll'.  4U1 

Jose,  was  passed,  and  the  office  of  Superintendent  created.  The  ordinance 
was  referred  to  a  select  committee,  who,  June  IGth,  recommended  that  the 
first  section  be  so  amended  that  tlie  Superintendent  of  the  Board  of  Educa- 
tion be  elected  by  the  people.  A  resolution  was  adopted,  July  21st,  whereby 
the  buildint^  of  a  school-h(juse  in  the  city  was  ordered. 

On  March  3d,  the  total  amount  of  taxes  due  to  the  city  during  the  jjrevi- 

ous  year  was 812,442  13 

There  was  collected 12,258  03 

Leaving  delinquent  the  sum  of S    184  10 

While,  according  to  the  message  of  Mayor  Muiphy,  received  by  the  Com- 
mon Council,  August  18th,  the  total  debt  of  the  city,  including  interest, 
amounted  to  forty-eight  thousand  six  hundred  and  ninety-six  dollars,  thirty- 
four  cents. 

A  fire  engine  of  Mr.  Gourlay  was  recommended  to  be  purchased  by  the 
Council,  on  March  31st,  provided  a  company  could  be  raised  to  man  it; 
accordingly,  on  May  12th,  Torrent  Engine  Company,  No.  2,  was  admitted 
into  the  Fire  Department  by  ordinance. 

At  the  election  held  April  IG,  185G,  the  following  municipality  was  elected: 
Mayor,  Lawrence  Archer;  Common  Council,  John  M.  Murphy  President, 
Thomas  Fallon,  C.  W.  Pomeroy,  S.  M.  Cutler,  John  B.  Price,  Levi  Goodrich, 
Givens  George;  Marshal,  Thomas  E.  Soublette;  Treasurer,  John  H.  Moore; 
Assessor  and  Clerk,  E.  P.  Reed;  Attorney,  F.  S.  McKinney.  On  the  21.st 
July,  His  Honor  Mayor  Archer  resigned  the  Civic  Chair,  and  was  succeeded 
by  the  election  of  President  of  Council,  John  M.  Murph}-,  on  August  5th,  who 
in  turn  was  replaced  by  Givens  George.  Jul}^  7th  the  Marshal  was  appointed 
keeper  of  the  City  Hall,  with  power  to  let  it  at  the  rate  of  ten  dollars  per 
night  to  parties  desiring  it ;  while,  on  August  5th,  the  City  Attorney  was 
instructed  to  make  out  a  deed  to  the  county  of  Santa  Clara  for  Market 
square,  in  accordance  with  an  understanding  heretofore  existing  between 
the  city  and  county. 

Early  in  the  month  of  January,  1856,  the  establishment  of  a  public 
library  was  mooted;  while  about  this  time  an  attempt  was  being  made  to 
procure  the  passage  of  an  Act  to  repeal  the  City  Charter ;  and,  in  the  month 
of  March,  Crandall  &  Brother  established  an  omnibus  to  run  betwen  San 
Jos^  and  Santa  Clara. 

On  Wednesday,  May  13,  1856,  San  Jose'  stood  aghast  at  the  startling 
intelliccence  that  James  Kinof  of  William,  the  editor  of  the  San  Francisco 
Evening  Bidletin,  had  been  shot  in  the  streets  of  San  Francisco,  by  James 
P.  Casey,  editor  of  the  Sunday  Times.  On  May  20th  Mr.  King  died,  when^ 
out  of  respect  to  his  memor}^,  flags  were  suspended  at  half-mast  throughout 
the  city ;  at  noon  on  the  day  of  the  funeral,  Mav  22d,  the  bells  of  San  Josd  were 
26 


402  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

tolled;  while  the  Telegraph  of  the  27th  speaks  of  the  deceased  in  these 
terras:  "  The  assassin  of  the  lamented  King,  sought  a  shining  niai-k — eminent 
for  probity,  for  private  and  public  purity  of  character,  he  was  no  less  remark- 
able for  his  fearless  independence  in  maintaining  the  freedom  of  discussion 
and  the  liberty  of  the  press.  He  fell  a  victim  to  that  independence— a 
martyr  to  that  liberty.  The  man  sunk  beneath  the  hands  of  the  assassin — 
but  the  principle  he  maintained  and  died  for,  has  gained  new  energy  and 
power,  and  will  live  forever."  While  the  funeral  bells  sent  out  their  mourn- 
ful tones,  the  foul  murderer  was  being  hanged  by  the  Vigilance  Committee 
in  San  Francisco,  amid  great  excitement  which  lasted  for  days,  and  even 
communicated  itself  to  San  Jose',  which  culminated  in  a  public  demonstra- 
tion of  popular  sentiment  held  at  the  City  Hall  June  17, 1856,  where,  among 
the  speakers,  were  ex-Governor  Burnett,  Mayor  Archer,  T.  W.  Park,  of  San 
Francisco,  Hon.  W.  S*  Letcher,  and  others.  The  action  of  the  Vigilantes  was 
fully  indorsed,  as  the  following  resolution  will  show:  "Resolved,  That  we, 
the  citizens  of  Santa  Clara  county,  do  cordially  approve  of  the  action  of  that 
committee  up  to  the  present  time,  and  that  we  have  the  fullest  confidence  in 
their  wisdom,  integrity,  and  prudence  in  what  they  may  find  it  necessary  to  do 
hereafter,  and  that  we  cheerfully  offer  them  our  sympathy  and  support  in 
the  good  work  they  have  undertaken."  Substitute  resolutions  were  offered 
by  Governor  Burnett,  which  were  laid  upon  the  table.  On  June  23d,  a 
Law  and  Order  meeting  was  held,  when  Governor  Burnett,  W.  T.  Wallace, 
and  others  took  part,  and  resolutions  against  the  proceedings  of  the  Vigilance 
Comndttee  were  passed. 

In  1856  the  State  Agricultural  Fair  was  held  in  San  Jose',  when  the  city 
was  crowded  to  overflowing,  and  the  want  of  accommodation  was  felt. 
However,  many  of  the  citizens  threw  their  residences  open,  and  there  main- 
tained a  generous  hospitality.  On  the  15th  October  a  severe  shock  of  earth- 
quake was  felt,  but  no  damage  of  importance  was  done;  while  in  a  general 
summing  up,  1856  may  be  said  to  have  been,  on  an  average,  a  prosperous 
year.  The  city  had  made  some  progress  in  its  growth ;  houses  still  sprung 
up  on  every  side,  among  the  most  prominent  being  the  brick  store  of  Eli 
Jones  &  Co.,  on  the  east  side  of  First  street,  between  Santa  Clara  and  El 
Dorado  streets. 

1867. — January  5th,  D.  J.  Porter  and  A.  W.  Stone  were  elected  Council- 
men  ;  and  on  the  same  date,  on  motion  of  Alderman  Pomeroy,  the  clerk  was 
instructed  to  draw  up  a  memorial  and  petition  to  the  Legislature  praying  for 
an  extention  to  June  1,  1857,  of  the  provisions  of  an  Act  entitled  "An  Act  to 
authorize  the  funding  of  the  debt  of  the  city  of  San  Jose,  and  to  provide  for 
the  payment  of  the  same."  On  the  19th  January,  the  bid  of  B.  F.  Barker 
and  Benjamin  Mills,  for  eight  thousand  dollars,  for  the  construction  of  a 
school-house,  was  accepted;  and  on  the  22d  the  Select  Committee  to  whom 


SAN    JOS£   TOWNSHIP, 


403 


was  referred  the  report  of  the  Clerk,  stating  the  amount  received  by  the 
several  city  officers  as  salary,  perquisites,  etc.,  submitted  an  ably  written 
statement,  together  with  a  table  of  the  amounts  saved  to  the  city  by  the 
adoption  of  the  recommendations  therein  set  forth.     The  report  is  as  follows: — 

"  The  Special  Committee  of  the  Common  Council,  to  Avhom  was  referred 
the  report  of  the  Clerk,  stating  the  amount  received  by  the  several  city 
officers,  as  salary,  perquisites,  etc.,  would  respectfully  submit  that  they  have 
taken  into  consideration  the  subject  matter  so  referred  to  them,  and  have 
given  it  such  consideration  as  the  time  so  brief  would  admit,  and  set  forth 
our  views,  together  with  the  following  statistics,  in  brief  for  your  consider- 
ation, embracing,  as  we  think,  the  deserved  reform  for  the  better  and  more 
economical  administration  of  the  city  government.  We  have  taken  the 
last  four  quarters  of  the  year  on  which  to  base  our  conclusions. 

"  It  will  be  observed  by  reference  thereto,  that  the  sum  of  three  thousand 
nine  hundred  and  twenty  dollars,  ninety-one  cents,  will  be  saved  to  the 
general  fund  of  the  city  while  the  offices  of  Mayor,  Marshal,  and  Clerk,  if  the 
Council  will  pei'mit  perquisites  in  connection  with  these  offices,  will  still  remain 
remunerative  and  desirable: 

TABLE  SHOWING  THE  AMOUNT  RECEIVED  BY  THE  SEVERAL  CITY  OFFICERS  FOR 
THE  LAST  FOUR  QUARTERS;  ALSO  THE  AMOUNT  THAT  WILL  BE  SAVED  TO  THE 
CITY  ACCORDING  TO  THE  ORDINANCE  SUBMITTED. 


Mayor  ....  Criminal  Fees  only 

Marshal .  .Salary 

Fees  as  Collector 

Fees  for  Arrests 

Fees  for  Inspecting  Cattle 

Assessor  . .  Salary. 

Copying  City  Assessment  List. 

Clkek  . . .  .Salary 

Treasurer.  Percentage. 

Police 

Attorney 

Board  of  Prisoners 


Amount   paid   for 
the     last      four 
quarters. 

$  680  00 

500  00 
846  74 
408  00 
450  00 

500  00 
15'.)  00 

700  00 

500  00 

'-'400  00 

140  00 

240  00 

87,51':^  74 

Am't  saved  to  the 
city  by  adoption 
of  new  ordin'iice. 


S  325  25 

966  91 

359  00 

450  OO 

200  00 

1500  00 

120  00 
$3,920  91 


"Your  committee  have,  habituated  by  a  desire  to  justly  reward  the  officer 
in  the  prompt  and  faithful  discharge  of  the  duties  devolved  upon  him ;  and 


404  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

that  while  it  greatly  relieves  the  city  treasury,  the  perquisites  attached  will 
(in  the  opinion  of  your  committee^  make  the  salary  all  that  should  be  desired ; 
and  it  will  be  realized  from  that  portion  of  our  community  the  least  entitled 
to  our  consideration  and  sympathy,  especially  so  in  the  police  department  of 
our  city  government,  wherein  offending  parties  are  made  liable  to  meet  a 
portion  of  the  expenses  incurred  in  the  investigation  of  crimes  committed  by 
them.  That  while  it  had  a  tendency  to  prompt  the  officer  in  the  faithful 
and  important  discharge  of  his  duty,  it  will  act  as  a  check  upon  offending 
parties;  especially  upon  that  portion  of  the  community  who  presume  that 
criminal  laws  are  made  only  to  be  enforced  upon  the  poverty-stricken 
culprit. 

"Experience  has  long  taught  us  that  an  extravagant  salary  does  not 
always  secui-e  the  prompt,  honest,  and  efficient  discharge  of  the  duties  of  an 
officer,  or  .secure  only  the  services  of  the  competent  and  just;  for  we  are 
sensible  of  the  fact  that  in  no  part  of  our  confederacy  (if  not  of  the  world) 
has  the  office-holder  been  so  munificently  rewarded  as  in  our  own  State,  and 
that  public  sentiment  and  actual  existing  and  undeniable  facts  will  sustain 
us  in  saying  that  in  no  part  of  our  confederacy  have  the  laws  been  so  badly 
administered.  While  we  are  proud  in  saying  that  our  own  cit}'^  officers  are 
discharging  their  respective  duties  in  a  manner  to  place  them  above  reproach, 
all  must  admit  the  necessity  of  reform  in  our  city  expenditures. 

"Your  committee  do  not  presume  upon  perfection  in  the  matter  set  forth 
for  your  consideration,  but  the  contrary,  and  would  recommend  that  the 
whole  subject  should  be  acted  on  with  cautious  and  candid  deliberateness,  and 
have  no  doubt  but  what  alterations  and  amendments  may  be  made  to  the 
mutual  benefit  of  the  governing  and  governed,  in  all  of  which  your  com- 
mittee will  cheerfully  contribute  in  time,  and  such  ability  as  they  are 
endowed  with. 

"  C.  W.  PoMEROY,        John  B.  Price,        Dan'l  J.  Porter." 

In  this  regard  Ordinance  No.  7,  entitled  "An  Ordinance  regulating  the  fees 
and  salaries  of  the  officers  of  the  City  of  San  Jose',"  was  passed.  Section  1, 
provided  that  the  City  Clerk  should  receive  for  his  services  as  clerk  of  the 
Board  of  Trustees,  including  all  duties  as  such,  one  hundred  and  fifty  dollars 
per  annum;  and  seventy-five  dollars  per  annum  for  making  out  the  tax-list 
and  keeping  the  list  of  licenses.  Section  2,  provided  that  the  City  Assessor 
should  receive  three  dollars  per  day  while  assessing,  provided  he  do  not 
receive  more  than  one  hundred  dollars  for  his  whole  annual  assessment. 
Section  3,  directed  the  City  Collector  to  retain  two  and  a  half  per  cent,  on 
all  moneys  collected  by  him  for  licenses  or  taxes.  Section  4,  provided  that 
the  Treasurer  should  receive  one  per  cent,  on  all  moneys  received  by  him, 
belonging  to  the  city.     This  ordinance  was  passed  June  12,  1857. 


SAN    J0Sl5    TOWNSHIP.  405 

On  the  9th  March,  the  Committee  on  Public  Lands  and  Buildings  reported 
to  the  Council  that  they  had  been  informed  by  competent  counsel,  that  the 
title  of  all  the  school  lots  was  vested  in  the  city,  and  asked  that  the  following 
preamble  and  resolution  be  adopted:  "  Whereas,  Doubts  no  longer  exist  in 
the  minds  of  the  members  of  this  Council  as  to  the  legal  rights  of  this  city  to 
certain  real  estate  set  apart  for  school  purposes;  and,  whereas,  a  portion  of 
said  real  estate  within  the  corporate  bounds  of  this  city  is  now  being  occu- 
pied by  persons  who  have  purchased  them  in  good  faith  without  the  knowl- 
edge of  the  just  and  legal  rights  of  this  city  thereto,  and  in  many  instances 
have  made  valuable  improvements  thereon:  Therefore  he  it  Resolved,  That 
this  city  propose  to  said  occupants  the  following  just  method  of  amicably 
settlinix  the  same,  viz.:  That  the  citv,  through  its  Council,  shall  make  choice 
of  one  competent,  disinterested  [person;  the  party  occupying  the  property 
shall  choose  some  competent,  disinterested  person ;  and  the  two  thus  chosen 
shall  choose  a  third  person ;  and  the  three  thus  chosen  shall  determine  the 
value  of  said  real  estate  aside  from  the  improvements  thereon,  and  from  which 
amount  so  determined  shall  be  deducted  the  amount  of  money  actually 
received  by  the  city  at  the  time  of  the  illegal  sale  of  said  property,  and  upon 
the  payment  of  the  residue  to  the  City  Treasurer,  to  the  credit  of  the  School 
Fund,  they  shall  receive  from  the  city  the  proper  title  to  said  property. 

"  And  he  it  further  Resolved :  That  any  person  occupying  any  of  said  school 
lands,  and  that  may  have  determined  the  value  thereof  as  above  provided, 
may  execute  to  the  city  a  proper  obligation  for  the  amount  thereof,  payable 
at  any  time  that  the  city  may  require  the  same  for  school  purposes,  said 
obligations  to  bear  interest  at  the  rate  of  twelve  per  cent,  per  annum,  and  to 
be  paid  annually.  The  title  to  said  property  to  be  perfected  to  said  persons 
only  when  the  whole  amount  of  the  principal  and  interest  is  fully  paid  to 
the  city  as  provided  in  the  preceding  resolution."  To  determine  the  value  of 
these  and  to  act  in  concert  with  whomsoever  should  be  appointed,  Alder- 
man Pomeroy  was  nominated  to  represent  the  Common  Council  of  the  city 
of  San  Jose. 

At  a  meeting  of  the  citizens  of  San  Jose  held  at  the  City  Hall,  January 
24,  1857,  under  the  presidency  of  Judge  C.  P.  Hester,  with  P.  O.  Minor, 
Secretary,  the  object  was  stated  by  D.  Devine  to  be  the  amendment  or  modi- 
fication of  the  City  Charter.  On  motion,  Judge  Devine  presented  a  draft  of 
an  Act  to  repeal  the  charter,  and  an  amendatory  Act  appointing  Trustees 
for  the  management  of  the  city.  Dr.  Spencer  moved  that  the  present  City 
Charter  be  abolished  and  a  new  charter  be  drafted,  so  as  to  avoid  the  defects 
in  the  pi-esent  one,  which  motion  was  carried.  Mr.  Matthews  moved  that  a 
committee  of  five  persons  be  appointed  to  draft  a  plan  or  bill  in  accordance 
with  the  above.  Motion  was  put  and  carried,  and  the  Chair  appointed 
Messrs.  Matthews,  Devine,  Dr.  Spencer,  Rhodes  and  Vooi-hios,  and  on  motion 


40(l  HISTORY   OF    SANTA   CLARA   COUNTY,    CALIFORNIA. 

the  Chairman  was  added  to  the  committee;  on  the  31st,  William  Matthews 
presented  certain  amendments  to  the  existing  instrument,  which  meeting  with 
the  views  of  the  majority  were  adopted.  The  Legislature  passed  a  bill  to 
re-incorporate  the  city,  which  the  Governor  vetoed,  but  finally  another  bill 
was  passed  March  27,  1857,  and  being  signed  by  the  chief  Executive,  went 
into  effect  on  the  second  Monday  in  April. 

The  government  of  the  city  now  became  vested  in  five  Trustees,  a  Treas- 
urer, and  Clerk  and  Assessor,  and  Collector,  the  first  election  for  whom  was 
held  April  20,  1857,  when  Marcus  Williams,  William  Daniels,  James  C 
Cobb,  Thomas  Fallom,  R.  G.  Moody  (President)  were  elected  the  Board  of 
Trustees;  Chapman  Yates,  Clerk  and  Assessor;  J.  H.  Scull,  Collector;  John 
H.  Moore,  Treasurer. 

On  August  26th,  Mr.  Crittenden  of  San  Francisco  was  permitted  to  make 
a  statement  to  the  Board  of  Trustees  relative  to  the  confirmation  of  pueblo 
grants  to  the  Land  Company,  etc. ;  after  which,  on  motion  of  Mr.  Daniels, 
the  Committee  on  Public  Lands  and  Buildings  were  instructed  to  make  a  thor- 
ough examination  of  all  the  old  pueblo  papers,  and  also  of  all  the  records 
and  papers  pertaining  to  the  action  of  the  Land  Company,  or  of  the  city 
authorities  of  San  Jose  in  reference  to  the  pueblo  lands  of  the  city,  and 
report  as  to  what  action  is  deemed  most  advisable  on  the  part  of  the  city 
authorities  to  quiet  land  titles. 

On  Friday,  January  11,  1857,  a  .severe  shock  of  earthquake  was  experi- 
enced in  the  morning  at  about  eight  o'clock,  the  vibration  lasting  about  a 
minute.  The  effect  upon  some  of  the  artesian  wells  in  the  neighborhood  w-as 
remarkable — for  a  moment  the  water  ceased  to  flow  from  the  pipe,  and  then 
gushed  out  in  greater  volume  and  with  more  power  than  usual,  A\hile  the 
channels  of  other  wells  that  had  become  obstructed  were  re-opened  and  the 
subterranean  current  caused  to  flow. 

Once  moi-e  have  we  to  record  a  serious  conflagration.  On  the  morning  of 
February  3,  1857,  McLellan's  Hotel,  at  the  north-west  corner  of  Santa  Clara 
and  First  streets,  was  found  to  be  on  fire;  scarcely  had  a  moment  elapsed 
after  the  smoke  was  first  discovered  issuing  from  under  the  eaves,  before  the 
whole  building,  which  w^as  a  frame  one,  was  a  prey  to  the  fiery  fiend.  The 
two  engines  and  the  hook  and  ladder  companies  were  promptly  on  hand 
and  manfully  combated  the  devouring  element,  bending  all  their  energies 
to  confine  the  flames  to  the  hotel,  which  they  succeeded  in  doing.  Consider- 
able damage  was  done  to  the  adjoining  houses,  Mr.  McLellan's  loss  being 
estimated  at  about  seven  thousand  dollars,  uninsured. 

About  this  time  the  manufacture  of  beet  sugar  was  occupying  considera- 
ble attention,  a  public  meeting  having  been  held  with  Colonel  Younger  as 
Chairman,  and  Edward  Auzerais,  Secretary,  where  the  advantages  of  the 
manufacture  was  fully  discussed;  while  another  industry  had  been  planted 
in  the  shape  of  a  potteiy  conducted  by  Marcus  Williams. 


SAN   J0S£   TOWNSHIP.  407 

On  the  5 til  June  a  large  meeting  assembled  at  the  City  Hall  to  consider 
the  subject  of  saeiie  titles,  when  L.  Archer,  A.  Pfister,  R.  G.  Moody,  John 
A.  Quimby  and  John  M.  Muiphy  were  appointed  a  committee  to  report 
resolutions  expressive  of  the  sense  of  the  meeting.  The  resolutions  were 
unanimously  adopted  and  were  as  under: — 

"  Resolved,  First,  That  we  will  unite  and  use  every  exertion  to  expose  and 
defeat  all  fraudulent  land  claims,  before  the  tribunals  of  the  country,  and 
aid  and  assist  the  honest  citizen  and  settler  in  defending  his  home,  and 
maintaining  his  rights;  and  that  while  so  doing  we  will  support  and  recog- 
nize all  fair  and  bona  Jide  claims,  whether  held  by  a  nabob  or  a  beggar. 
Second,  That  we  have  no  sympathy  with,  and  will  not  countenance  the 
dealers  in  fraudulent  tax  titles,  and  fraudulent  land  claims.  Third,  That 
many  of  the  surveys  of  Spanish  land  claims,  although  made  by  the  author- 
ized agents  of  the  United  States  Government,  are  fraudulent  and  unwar- 
ranted  by  the  titles,  and  have  been  made  by  collusion  and  fraud  of  the 
claimants  and  the  Deputy  Surveyors,  and  should  be  discountenanced  by  the 
people,  and  the  parties  to  them  denounced;  Fourth,  And  that  we  earnestly 
urge  the  government  of  this  cit}'^  to  take  immediate  measures  to  recover  the 
school  lands,  and  to  protect  the  ancient  rights  of  the  pueblo.  Fifth,  That, 
in  our  opinion,  the  buying  of  pretented  or  doubtful  titles  to  lands  held  in 
good  faith  by  other  persons,  under  claim  of  right,  with  the  intent  that  the 
buyei^s  may  disturb  the  grant  or  possession  of  the  persons  so  possessing 
should,  in  the  language  of  Chief  Justice  Bibb,  who  is  concurred  with  by 
most  of  the  American  and  English  judges  and  lawyers,  be  'denounced  as 
contrary  to  sound  policy,  the  peace  of  society  and  the  safe  administration  of 
impartial  justice.'  Sixth,  That  if  it  can  be  ascertained  that  title  to  lands 
in  our  midst  can  be  established  upon  oral  testimony  alone,  unaided  by  any 
documentary  evidence,  as  to  genuineness  of  claim  or  locality  thereof,  it 
opens  the  door  to  the  perpetration  of  the  greatest  wrongs  upon  the  rights  of 
others  by  the  vilest  men,  through  the  medium  of  frauds  and  perjuries. 
Seventh,  That  we  earnestly  request  any  speculators  in  disputed,  pretended, 
dormant,  or  doubtful  titles  to  lands  in  our  locality  to  consider  carefully  the 
tendency  of  such  things,  and  the  effect  they  must  hc^ve  upon  the  peace  of 
the  people,  upon  the  rights  to  property  and  the  purity  of  trials  in  Courts  of 
Justice." 

In  the  month  of  September,  the  first  preserved  fruit  manufactory  was  in 
operation  by  Roze  &  Hartmann.  On  the  20th  October,  a  heavy  shock  of 
earthquake  was  experienced  which  caused  considerable  alarm ;  while  in 
this  year  there  were  five  school  districts  in  the  township,  with  an  attend- 
ance of  seven  hundred  and  eighty-nine  pupils. 

During  the  year  1857,  rents  and  property  were  not  at  the  high  range 
that  they  had  been  hitherto,  still  improvements  were  carried  on.     The  brick 


408  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

house,  on  First  street,  of  Mr.  Stock,  was  built  in  this  year,  as  was  also  the 
school-house  on  Washin^^ton  square. 

1858. — An  ordinance  authorizing  George  Wheeler  and  John  Ashley  to  lay 
gas  pipes  through  the  streets,  was  passed  by  the  Board  of  Trustees  on 
January  11th,  and,  on  the  18th,  amendments  to  the  charter  were  sug- 
gested, to  cover  the  necessity  of  owners  of  property  being  required  to 
build  the  street  and  side- walks  in  front  of  their  respective  lots.  On  Febru  - 
ary  15th,  the  Rev.  Eli  Cor  win  was  appointed  City  Superintendent  of  Com- 
mon Schools,  and  the  folio  wins'  Trustees  chosen:  District  No.  1,  C.  W.  Pom- 
eroy,  J.  B.  Price,  S.  M.  Cutler;  District  No.  2,  Charles  Moody,  Joseph 
Aram,  and  David  E.  Skinner.  On  March  1st,  an  ordinance  was  passed 
establishing  the  boundaries  of  these,  and  regulating  the  School  Fund.  April 
18th,  the  municipal  election  was  held,  with  the  following  result :  Board  of  Trus- 
tees, P.  0,  Minor,  President,  G.  W.  Pomeroy,  Adolph  Pfister,  J.  P.  Martin,  N. 
B.  Edwards;  Collector,  Jasper  D.  Gunn ;  Assessor  and  Clerk,  W.  R.  Davis; 
Superintendent  of  Schools,  Rev.  Eli  Corwin ;  Treasurer,  John  H.  Moore. 
April  24th,  a  letter  was  received  from  Hon.  E.  M.  Stanton,  stating  that  it 
was  the  object  of  the  General  Government  to  have  collected  at  the  office  of 
the  Surveyor-General,  at  San  Francisco,  all  the  Spanish  and  Mexican 
archives  of  California,  that  the  same  might  be  collated,  bound,  indexed,  etc., 
for  convenient  use  ;  and  requesting,  in  the  name  of  the  United  States  Attor- 
ney-General, that  the  Board  of  Trustees  of  San  Jose  would  transmit  all  of  such 
archives  belonging  to  the  city,  to  that  officer,  to  be  used  as  indicated.  On 
April  2Gth,  F.  B.  Murdoch,  J.  M.  Williams,  and  Louis  Cory,  were  appointed 
School  Trustees,  for  District  No.  1,  and,  on  November  1st,  Thomas  Douglass 
was  called  upon  to  assume  the  duties  of  City  Superintendent  of  Schools,  in 
place  of  the  Rev.  Eli  Corwin,  resigned. 

The  Telegrajjh  of  January  20,  1858,  informs  us  that  the  improvements  in 
San  Jose  during  the  past  year  had  been  permanent,  especially  in  beautify- 
ing surburban  residences;  and  the  purchase,  by  Martin  Murphy,  of  one  hun- 
dred and  thirty  feet  of  property  on  Market  street,  for  nine  thousand,  two 
hundred  and  fifty  dollars.  An  Act  amendatory  and  supplementary  to  an 
Act  entitled,  "An  Act  to  re-incoi-porate  the  City  of  San  Jose  :  Approved 
March  27,  1857,"  was  approved  April  15,1858;  and,  September  29th,  a 
meeting  of  the  Fire  Department  was  held,  when  the  thanks  of  the  organiza- 
tion wei-e  tendered  to  Major  S.  J.  Hensley,  and  through  him  to  the  Steam 
Navigation  Company  for  fui-nishing  the  Department  with  a  free  passage  to 
San  Francisco,  to  attend  the  celebration  of  the  laying  of  the  Atlantic  cable, 
on  Monday,  the  27  th. 

On  October  3d,  the  Presbyterian  Church  bade  adieu  to  the  Rev.  Eli  Corwin, 
who,  we  have  said  above,  resigned  his  office  of  Superintendent  of  Schools,  prior 
to  his  departure  for  the  Sandwich  Islands.     Mr.  Corwin  settled  in  San  Jos4, 


SAN   J0S6    TOWNSHIP.  409 

in  1852,  as  Pastor  of  the  Presbyterian  Church.  Society  in  C'alifornia,  at  that 
day,  was  in  a  much  more  unsettled  condition  than  when  he  left;  it  was  com- 
posed chiefly  of  wild,  dissipated  and  reckless  men,  who,  unrestrained  by  the 
influence  which  forms  so  stronsf  a  check  to  vice  in  better  ortranized  conmnini- 
ties,  often  indulged  in  extravagant  follies.  Mr.  Corwin  .set  him.self  diligently  to 
the  work  of  reform,  and  to  create  a  religious  sentiment  in  society.  His  emi- 
nent social  qualities,  his  great  conversational  powers,  and  the  kindness  of 
his  nature  attracted  toward  him  the  young,  and  inspired  their  confidence 
and  respect.  Endowed  with  a  bright  and  active  mind  which  was  polished 
by  a  fine  education,  and  improved  with  much  reading,  Mr.  Corwin  .soon 
became  a  popular  minister  in  San  Jos^.  The  thoughtful  and  religious  loved 
the  earnestness  of  his  zeal — the  gay  and  the  youthful  admired  the  classic 
elegance  of  his  style,  and  the  affecting  eloquence  of  his  sermons.  Few  men 
of  old  church  religious  faith  could  have  done  more  for  the  good  of  the 
people  among  whom  he  lived,  than  did  Mr.  Corwin. 

December  2,  1858,  a  large  mass  meeting  was  held  at  the  City  Hall  for  the 
purpose  of  expressing  the  popular  feeling  with  reference  to  the  action  of  the 
United  States  law  agent  at  San  Francisco  in  prosecuting  a  suit  against  the 
Almadcn  Mining  Company,  by  which  it  had  been  enjoined  from  working. 
The  Chair  was  occupied  by  Hon.  C.  P.  Hester,  and  Wm.  R.  Davis,  Secretary, 
while  a  committee  composed  of  Messrs.  Bodley,  Murdoch,  West,  Pomeroy, 
and  Johnson  (of  Santa  Clara)  drafted  and  repor.ted  the  resolutions  below 
given:  "  Whereas,  The  discovery  of  the  New  Almaden  Quicksilver  Mines 
was  a  matter  of  rejoicing  to  California;  and,  whereas,  the  Company  which 
now  occupy  the  same,  and  have  been  in  the  quiet  and  peaceful  possession 
thereof  for  twelve  years,  and  who  have  invested  very  large  amounts  of  capi- 
tal for  their  development,  have  invariably  exhibited  a  genei'osity  and  lib- 
erality in  the  management  of  said  mines,  and  have  not  only  given  employ- 
ment to  a  laboring  population,  and  cheered  their  homes  with  the  comforts  of 
life,  but  have  also  earned  for  themselves  a  high  position  in  the  esteem  of  the 
citizens  of  Santa  Clara  county,  as  an  honorable  and  upright  as.sociation. 
And,  whereas,  said  company  have  always  met  the  demands  of  the  tax-gath- 
erer for  the  support  of  the  Govei'nment,  and  for  the  stability  of  our  own 
State  on  the  shores  of  the  Pacific,  Be  it  therefore  Resolved,  That  we 
deeply  deplore  the  recent  action  of  the  General  Government  in  its  extraordi- 
nary measures  to  paralyze  the  efforts  of  a  mining  association  so  steadfast 
and  persevering  in  its  efforts  to  develop  the  mineral  resources  of  California, 
and  so  favorably  disposed  to  promote  the  best  interests  of  the  State,  and  the 
personal  welfare  of  the  large  number  of  workingmen  in  its  employ.  Resolved, 
That  we  deem  it  a  strange  fatality  that  induced  the  General  Govei'nment 
(brought  about  from  false  representations)  to  seize  upon  the  New  Almaden 
Quicksilver   mines,  conducted  as  they  have  been  by  the  oldest,  best  estab- 


410  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

lished,  and  most  liberal  mining  companj^  in  the  State  of  California. 
Resolved,  That  if  the  doctrine  lately  enunciated  by  the  Circuit  Court  of  the 
United  States  for  the  State  of  California,  in  enjoining  the  New  Almaden 
Quicksilver  Mining  Company  from  further  operations,  and  thereby  throwing 
hundreds  of  workingmen  out  of  employment,  and  robbing  labor  of  the 
bread  it  has  earned,  and  throwing  a  cloud  of  darkness  over  thresholds 
lately  beaming  with  light  and  comfort,  then  there  is  no  safeguard  left  to  the 
mining  interests  of  California,  from  the  vandalism  of  speculation ;  and  we, 
as  in  duty  bound  (more  in  sorrow  than  in  angei"),  proclaim  to  the  myriads 
of  hardy  miners  now  industriously  exploring-  the  valleys,  the  rivers,  the 
gulches,  and  the  mountains  of  California,  from  Yreka  to  San  Dieo-o,  '  To 
3'our  tents,  O,  Israel,'  for  the  combination  of  land  speculators  has  brought 
the  Government  of  the  United  States  to  bow  in  abasement  to  its  insatiate 
Moloch.  Resolved,  That*while  we  have  no  partisan  feeling  or  selfish  interest 
as  to  the  merits  of  said  rival  claimants  of  the  New  Almaden  Quicksilver 
mines,  and  though  we  keenly  feel  the  injustice  of  the  judicial  measures  which 
have  crippled  the  industrial  enei'gy  of  our  county,  and  robbed  it  of  its  resources 
to  meet  the  demands  of  the  State  Government,  we  sincerely  regret  the  action 
of  the  General  Government  in  sending  a  special  agent  from  Washington  to 
San  Francisco,  armed  with  the  influence  of  the  Government  to  crush  this 
company,  which  has  so  long  given  employment  to  so  large  a  number  of  our 
citizens,  and  given  life  to  an  industry  and  reward  to  our  labor;  but  more 
especially  do  we  condemn  its  actions  in  selecting  for  such  agency  the  hired 
counsel  of  a  rival  claimant  to  the  company,  which  has  so  long  had  said  mines 
in  their  possession.  Resolved,  That  a  copy  of  the  published  proceedings  of 
this  meeting  be  sent  to  the  President  of  the  United  States,  the  Honorable  Secre- 
tary of  the  Interior,  and  the  Honorable  Attorney-General  of  the  United  States, 
and  that  they  be  respectfully  requested  to  order  that  the  injunction  granted 
by  the  Honorable  the  United  States  Circuit  Court  for  California  be  removed, 
dissolved,  and  that  the  company  now  in  possession  of  and  operating  the  said 
New  Almaden  mines,  be  permitted  to  pursue  their  accustomed  operations 
therein  until  the  final  determination  of  the  proceedings  at  law  investigating 
the  title  and  rights  of  property."  It  is  doubtful  whether  this  meeting  had 
any  influence  upon  the  proceedings  had  in  this  case. 

The  buildings  erected  during  the  year  1858  in  San  Jose^  were  chiefl}''  of 
brick,  fire-proof,  substantial,  large  and  ornamental.  On  Market  street  four 
large  stores  were  constructed,  three  of  these  by  Martin  Murphy.  North  of 
Santa  Clara  street  on  Market  street  Yocco  &  Brother  built  a  fine  store.  On 
First  street,  which  was  then  said  to  be  fast  becoming  the  business  street  of 
the  city,  Mr.  Knoche  had  erected  a  brick  store,  at  its  corner  with  El  Dorado ; 
F.  Stock  had  followed  with  three  more;  Pfister  &  Co.,  erected  a  block  at 
the  south-east  corner  of  Fii'st  and  Santa  Clara  streets;  Pedro  de  Saissait  built 


SAN    J0S6   TOWNSHIP.  411 

one  on  the  same  side  of  First  street,  near  the  terminus  of  El  Dorado  street ;  P.  0. 
Minor  built  a  concrete  structure  on  the  opposite  side  of  First  street ;  the 
Catholic  church  was  encased  with  brick;  on  the  north-east  corner  of  Second 
and  San  Antonio  streets  the  Baptist  society  erected  a  neat  and  substantial 
house  of  worship,  of  brick,  fifty  feet  long,  thirty  feet  wide,  and  twenty-two 
high;  besides  which,  many  handsome  edifices  of  frame  were  raised  in  dif- 
ferent parts  of  the  city,  all  tending  to  its  attractiveness  and  appearance. 

This  year  the  City  Council  inclosed  Oakhill  Cemetery  with  a  substantial 
board  fence. 

1859. — On  March  1(5,  1859,  an  Act,  to  incorporate  the  city  of  San  Jose', 
was  passed  by  which  the  government  was  to  be  vested  in  a  Mayor,  a  Com- 
mon Council,  consisting  of  five  members,  a  City  Mar.shal  and  City  As.sessor. 
These  were  elected  on  the  29th  of  the  same  month,  and  were:  Mayor,  Thomas 
Fallon;  Common  Council,  C.  W.  Pomeroy,  J.  M.  Williams,  James  Morrison. 
A.  Pfister,  R.  G.  Moody;  Marshal,  Jasper  D.  Gunn ;  Assessor  and  Clerk, 
William  R.  Davis;  Treasurer,  T.  Frank  Grant. 

In  his  message  to  the  Common  Council  His  Honor,  Mayor  Fallon, 
remarked:  "  To  the  matter  of  the  lands  of  the  pueblo  or  city  of  San  Jose,  I 
will  call  your  particular  attention.  There  is  no  question  which  can  come 
before  you,  during  your  term  of  office,  that  demands  so  much  of  yonr  atten- 
tion as  this;  and  it  is  hoped  that  in  all  matters  affecting  land  title.s,  you  will 
act  with  caution  and  be  guided  by  justice,  always  having  in  view  the  settle- 
ment of  titles  in  such  a  manner  as  will  perfect  the  same.  Not  the  amount  of 
money  to  be  derived,  but  the  quieting  of  titles  should  be  the  main  aim. 
Nothing  tends  so  inuch  to  the  prosperity  of  a  community  as  the  certainty  of 
titlefi  to  the  homes  they  occupy.  Improvements  are  then  made  of  a  perma- 
nent nature,  which  add  to  the  general  wealth,  and,  as  a  consequence,  increase 
the  public  revenue;  besides,  it  makes  people  feel  attached  to  their  homes,  and 
will  induce  many  to  live  here  permanently,  who  would  otherwise  leave  the 
place,  and  perhaps  the  State.  The  soonei-  titles  to  land  are  settled,  the  betT 
ter;  for  the  longer  it  is  delayed  the  more  complicated  will  it  get.  Fortu- 
nately for  this  pueblo,  the  titles  have  not  got  in  such  a  snarl  but  that  it 
can  be  unraveled;  but  to  do  so,  and  make  perfect  deeds,  it  will  be  necessary 
that  there  be  a  unanimity  of  action  by  all  the  parties  in  authority,  as  well  as 
some  who  have  judgment  liens  on  the  pueblo  lands.  Of  these  I  will  briefly 
give  you  a  history: — 

"This  pueblo  was  established  in  the  year  1776,  and  was  endowed  with  a 
large  domain.  The  least  quantity  granted  to  any  pueblo  was  four  square 
leagues  of  land;  but  .some  pueblos  had  more,  and  this,  being  one  of  the  most 
important  in  the  State,  is  believed  to  have  had  many  more  leagues  than  the 
pueblos  of  lesser  note.  The  titles  of  the  pueblos  are  the  oldest,  for  no  title 
was  given  to  individuals   until    several    years    after   the    establishment  of 


412  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

pueblos.  The  King  of  Spain  and  the  Governors  of  California  were  always 
careful  to  make  inquiry  in  regard  to  grants  to  individuals,  and  to  know  that 
such  grants  did  not  encroach  upon  the  lands  of  the  pueblo.  The  authorities 
of  the  pueblos  had  power  to  make  grants  of  land,  either  for  building  or  agri- 
cultural purposes.  All  the  lands  remaining  unoccupied  by  any  particular 
individual,  was  used  in  common  for  all  grazing  purposes. 

"  The  authorities  of  the  city,  at  present,  have  all  the  powers  in  regard  to  the 
disposal  of  lands  that  the  former  authorities  ever  had,  for  the  Legislature  in 
granting  us  a  charter,  could  not  take  away  any  of  our  rights  as  a  pueblo, 
nor  does  it  attempt  to  do  so,  but  gives  us  additional  powers  in  regard  to 
municipal  I'egulations  within  certain  limits.  The  Supreme  Court  of  this  State 
has  given  the  opinion  in  several  cases,  holding  good  titles  derived  from  the 
authorities  of  pueblos,  both  before  and  after  the  occupancy  of  this  country 
by  the  Americans.  " 

"  In  1847  Burton  was  Alcalde,  and  called  a  meeting  (or  junta)  of  the  heads 
of  families,  in  regard  to  the  commons.  It  was  then  decided  that  the  com- 
mons should  be  surveyed  into  five-hundred-acre  lots,  and  that  there  should 
be  only  so  much  of  the  pueblo  lands  surveyed  as  would  give  the  head  of  each 
family  five  hundred  acres,  and,  in  order  that  the  division  should  be  fair,  it 
was  decided  to  place  the  numbers  of  the  lots  in  a  hat;  one  to  be  drawn  by 
each  person  as  his  name  was  called;  and  the  number  so  drawn  to  his  name, 
to  be  his  five-hundred-acre  lot;  and  he  to  have  a  lease  of  the  same  for  nine- 
ty-nine years. 

"The  first  judgment  lien,  in  all  the  lands  of  the  pueblo,  was  created  by 
endeavoring  to  provide  suitable  accommodation  for  the  Legislature.  In  the 
formation  of  our  State  Constitution,  the  capital  was  located  at  San  Jo  se,  and 
most  of  the  prominent  men  who  then  resided  here,  in  order  to  keep  the  cap- 
ital at  this  place,  advanced  money  to  the  city  and  loaned  their  credit,  so  that 
the  city  might  be  able  to  pay  rents  of  offices  and  houses,  as  well  as  to  pur- 
chase the  building  occupied  by  the  Legislature.  Thus  was  our  first  debt 
created  which  never  has  been  finally  satisfied.  The  Legislature  at  length 
removed  the  capital,  and  left  us  our  debts;  but  they  allowed  us  a  small  sum — 
fifty  thousand  dollars  in  scrip,  which  sold  for  forty  cents  on  the  dollar — 
which  sum  fell  short,  by  several  thousand  dollars,  of  paying  the  debt  created. 
Interest  was  then  very  high,  from  the  fact  that  money  was  worth  a  great 
deal  for  investment,  as  lands  were  low ;  and,  in  order  to  stop  interest,  both  the 
city  and  her  creditors  were  willing  to  arrange  the  matter  satisfactorily  (as 
will  fully  appear  by  reference  to  proceedings  of  City  Council  in  1850-51). 
All  the  lands  of  the  pueblo  were  sold  at  Sheriff's  sale  and  bid  in  by  the 
creditors,  and  then  they  entered  into  an  agreement,  with  the  Mayor  and 
Council,  that  two  of  their  number  and  the  Mayor  should  have  power  to 
convey  the  interest  of  all  the  parties  concerned.  This  is  the  condition  of  the 
first  judgment  lien  at  present. 


SAN    JOSH    TOWNSHIP.  413 

"The  second  juJ<,aii cut  lien  was  created  in  Ibo-i.  The  Supi-enie  Court 
decided  that  Sq.n  Jose  was  the  legal  capital,  and  they  made  it  tlie  capital, 
in  fact,  for  they  came  here  and  held  their  court,  and  the  people  were  assured 
by  some  of  the  Judges  that  the  Legislature  would  have  to  meet  here.  80 
again  the  people  were  called  on  to  provide  accommodation  for  the  Legis- 
lature— the  first  Capitol  building  having  been  destroyed  by  fire.  An  election 
was  held,  and  it  was  decided  to  ere  ct  a  suitable  building.  Accordingly  our 
present  City  Hall  was  built,  and  a  debt  of  forty-eight  thousand  dollars 
created  thereby.  In  the  meantime  one  of  the  Judges  died  and  another  was 
appointed  in  his  place.  The  Court  then  reversed  the  former  opinion,  and 
decided  that  San  Josd  was  not  the  capital.  So  that,  between  the  Legisla- 
ture and  the  Supreme  Court,  our  city  has  been  made  to  pay  rather  too  dear 
for  the  floating  Capitol. 

"  However,  in  order  to  get  rid  of  the  high  rate  of  interest  accumulating  on 
the  money  borrowed,  a  Funding  Bill  was  passed,  and  the  debt  funded;  and 
for  the  purpose  of  securing  to  the  creditors  the  sure  payment  thereof,  three 
Fund  Commissioners  were  created,  whose  duty  it  is  to  sell  the  property  of 
the  city,  with  consent  of  the  city  authorities,  and  to  pay  all  the  proceeds  into 
the  treasury  for  the  liquidation  of  said  debt.  This  is  the  condition,  at  present, 
of  the  second  judgment  lien  on  the  pueblo  lands. 

"  In  order  to  make  a  good  title,  free  and  clear  from  all  j  udgments  or  any 
cloud  wdiatever,  it  will  be  necessary  : — 

"  First,  For  the  trustees  of  the  first  judgment,  composed  of  the  Mayor  and 
two  of  the  judgment  ci'editors,  to  make  a  deed.  I  will  here  state  that  I 
have  conversed  with  both  of  the  gentlemen  representing  the  creditors,  upon 
this  subject,  and  I  am  led  to  believe  that  they  will  make  deeds  of  their  interest 
for  a  mere  nominal  sura.  They  also  a.ssure  me  that  they  have  power  of 
attorne}^  to  sell,  from  all  the  parties  interested.  And  for  my  part,  as  trus- 
tee for  the  city  by  virtue  of  my  office,  if  I  had  the  power,  I  would  make 
good  all  deeds  to  the  citizens  without  charge;  and  I  think  the  city  would 
then  be  the  gainer;  but  as  there  are  debts  to  pay,  as  a  matter  of  justice,  the 
parties  benefited  ought  to  pay  something,  so  that  our  liabilities  may  be  met, 
and  justice  done  to  all. 

"  Second,  A  deed  from  the  Fund  Commis.sioners,  sanctioned  by  the  city 
authorities,  will,  in  addition  to  the  first,  be  a  good  title  of  all  the  interest 
of  the  pueblo,  and,  I  think,  as  good  as  any  title  in  the  State. 

"  Care  should  be  taken  by  you  to  have  the  whole  business  in  this  matter 
legal!}'  done.  I  would  recommend  that  you  take  it  in  hand  immediately, 
and  have  some  of  your  Body  appointed  to  confer  with  the  trustees  of  the 
first  judgment,  and  the  Fund  Commissioners,  so  that  you  may  all  act  in 
unity." 

In  accordance  w^ith  these  suggestions  of  His  Honor,  on  June  Gth  the  follow- 


414  HISTORY    OF    SANTA   CLARA    COUNTY,    CALIFORNIA. 

■  ing  resolution,  introduced  by  Alderman  Poraeroy,  was  adopted :  "  Whereas, 
The  permanant  prosperity  of  this  city  depends  mainly  upon  the  prosperity 
of  the  country  adjoining  ;  and,  whereas,  the  uncertainty  of  the  land  titles 
in  this  vicinity  has  been  and  is  a  serious  impediment  to  our  general  prosper- 
ity and  happiness;  Resolved,  That  the  agents  of  the  company  called  the 
Land  Company  of  the  Pueblo  of  San  Jos6,  be  invited  to  confer  with  the 
Fund  Commissioners  and  a  committee  of  this  Board  to  see  if  a  compromise 
cannot  be  entered  into  by  which  the  title  to  the  pueblo  lands  may  be  per- 
fected. Moved  and  carried,  That  the  Committee  on  Public  Buildings  and 
Lands  be  instructed  to  confer  with  the  San  Jose  Land  Company  and  the  Land 
Commissioners  for  the  object  specified  above."  The  result  of  which  con- 
ference was  that  the  agents  of  the  Land  Company  made  propositions 
to  execute  deeds  to  occupants  of  the  pueblo  lands  at  prices  varying  from 
three  dollars  per  acre,  to  which  the  Common  Council  recommended  an  addi- 
tion from  the  Fund  Commissioners  to  be  received  by  the  city  at  the  rates  of 
one  dollar  to  every  three  charged  by  the  Land  Company. 

A  large  railroad  meeting  was  held  January  29th  under  the  presidency  of 
Hon.  C.  T.  Ryland,  and  again  on  February  3d,  to  consider  the  question  of 
building  a  track  to  Alviso  and  connecting  the  same  with  San  Francisco  by 
means  of  fast  steamboats.  The  Chairman  of  the  committee  appointed  to 
consider  the  subject,  J.  M.  Williams,  based  the  estimate  of  cost  at  the  round 
sum  of  one  million  dollars  for  a  road  direct  to  San  Francisco,  which  was 
considered  the  more  advantageous  route,  for  which  organization  was  nearly 
completed,  a  remark  which  was  the  ultimate  cause  of  the  abandonment  of 
the  Alviso  project. 

About  this  period  the  papers  inform  us  that  robberies  were  very  numer- 
ous, the  Mariposa  vStore  being  losers  of  about  a  thousand  dollars,  on  the  night 
of  January  28, 1859,  while  others  of  less  extent  were  common.  On  February 
7th,  the  City  Council  established  the  price  of  lots  in  the  Oakhill  Cemetery^ 
and  promulgated  rules  and  regulations  therefor. 

Oakhill  Cemetery  is  one  of  the  most  beautiful  spots  in  the  neighborhood 
of  San  Jose.  It  is  situated  about  two  miles  and  a  half  from  town  at  the  base 
of  a  range  of  hills  which  rise  high  up  in  the  middle  of  the  valley,  and  form  a 
prominent  landmark  for  miles  around.  It  is  altogether  an  appropriate  place 
for  the  deposit  of  the  earthly  remains  of  those  who  have  gone  before  into 
the  world  where  death  is  unknown. 

On  March  29,  1859,  a  horrible  tragedy  occurred  whereby  Samuel  J.  Crosby 
and  L.  Posey  Fergusson  lost  their  lives.  The  death  of  Fergusson,  who  Avas  a 
stranger,  here  for  the  purpose  of  accompanying  a  friend  to  Missouri,  was  acci- 
dental, he  being  shot  from  the  outside,  while  within  the  Court  House  build- 
ing, the  bullet  having  passed  through  a  plank  three  and  one-fourth  inches 
thick.  The  fatal  affair  transpired  at  the  corner  of  Second  and  San  Fernando 
streets  during  the  session  of  the  District  Court. 


SAN   J0S6   TOWNSHIl'.  415 

April  11th,  several  houses  situated  on  tlie  east  side  of  Market,  south  of 
San  Fernando  street,  the  property  of  Antonio  Pico,  were  destroyed  by  fire. 
On  May  8th,  the  Baptist  church  on  Second  street,  was  dedicated  by  the 
Rev.  Mr.  Wheeler,  of  Sacramento,  while  of  improvements  undertaken  at  this 
time,  they  were  numerous.  At  no  former  period  in  the  history  of  San  Jo.se 
had  the  city^  exhibited  such  striking  evidences  of  prosperity  as  now.  In 
every  direction,  and  on  almost  every  street,  improvements  were  going  on, 
and  from  morning  until  night  the  .sound  of  the  saw  and  the  hammer,  and 
the  ring  of  the  trowel  was  heard.  At  that  date,  July,  1859,  sixteen 
brick  buildings  were  in  the  course  of  erection,  all,  save  one,  being  designed 
for  stores,  and  most  of  them  being  two  stories  in  height.  Among  those  were 
structures  erected  by  Edward  Auzerais,  on  Market  street,  Martin  Murphy, 
on  the  same  thoroughfare,  and  on  the  opposite  side,  six  brick  store-rooms  for 
Clemente  Coluinbet. 

August  15th,  public  notice  was  given  by  the  San  Jose  Land  Company, 
that  they  would  sell  their  right  to  the  laud  known  as  the  Five-hundred- 
acre  tracts,  provided  application  was  made  therefor  within  four  months. 
On  the  same  date,  the  Commissioners  of  the  Funded  Debt  gave  notice  that 
they  would  give  titles  to  the  same  lands,  while  the  Mayor  issued  a  notifica- 
tion that  he  did  not  believe  the  Land  Company  had  any  interest  in  them. 

Horace  Greeley  was  announced  to  address  the  citizens  of  San  Jose  on  the 
l!)th  August,  but,  owing  to  a  message  being  received  that  he  was  unable  to 
ride,  from  being  covered  with  boils,  his  I'emarks  did  not  take  place  until  the 
24th,  when  people  from  the  remotest  corners  of  the  county — among  them 
many  ladies— came  to  hear  a  gentleman  whose  name  had  been  for  so  many 
years  identified  with  the  political  history  of  the  country,  as  well  as  con- 
ductor of  one  of  its  most  distinguished  journals.  On  the  2d  and  3d  Sep- 
tember, the  distinguished  i">oet  and  author,  Bayard  Taylor,  lectured,  the  sub- 
jects being  the  "Arabs,"  and  the  "Arctic  Regions."  On  September  17th,  the 
news  of  the  death  of  the  Hon.  D.  0.  Broderick  was  received  with  eveiy 
demonstration  of  sorrow,  flags  being  hung  at  half-mast.  On  the  evening  of 
Monday,  October  10th,  James  Stark's  new  theater  was  opened  with  the  play 
of  Richelieu;  he  in  the  title  role,  and  Mrs.  Stark  as  Julie  do  ^Eortimer,  while 
about  the  same  time.  First  street,  between  Santa  Clara,  and  San  Fernando 
streets,  was  macadamized  at  a  cost  of  about  thirteen  hundred  dollars ;  and  the 
Santa  Clara  Valley  Agricultural  Society  became  incorporated,  and  acquired 
seventy-six  acres  of  land  on  the  Alameda,  for  the  sum  of  six  thousand,  one 
hundred  and  fort3^-two  dollars. 

1860. — On  January  21st  of  this  year,  the  following  order  was  adopted  by 
the  Common  Council:  Resolved,  That  any  or  all  persons  wishing  to  examine 
any  of  the  books,  records,  or  papers  of  the  city  of  San  Jose,  in  the  archives 
thereof,  shall  pay  to  the  Clerk  the   sum   of  fifty  cents  per  hour  for  such 


416  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

length  of  time  as  he  may  be  detained  therefor;  and  it  shall  be  the  duty  of 
the  Clerk  to  remain  in  attendance  all  the  time  that  such  examination  may 
be  made,  and  be  particular  that  no  papers  are  extracted  at  such  examina- 
tion. The  resolution  did  not  apply  to  the  proper  officers  of  the  city  govern- 
ment. 

February  6th,  the  President  of  the  Board  of  Funded  Commissioners 
informed  the  Common  Council,  by  letter,  that,  they  "  have  under  considera- 
tion the  proposition  to  test,  by  legal  proceedings,  the  pi^etended  claim  of  the 
so-called  San  Jos^  Land  Company  to  what  are  known  as  the  pueblo  lands 
of  the  city.  If  the  claim  of  the  Land  Company  is  good,  as  against  the  city, 
the  Commissioners  feel  that  it  is  hardly  right  for  them  to  sell  and  receive 
money  for  lands  to  which  they  can  convey  no  title,  and  if  the  Land  Com- 
pany's claim  is  not  good  in  law,  it  is  believed  that  it  is  the  duty  and  inter- 
est of  those  who  repre^nt  the  city  to  quiet  the  city's  title,  and  place  it  on 
an  indisputable  basis.  This  would  seem  to  be  due  to  those  who  purchase 
from  the  Commissioners."  This  note  was  written  to  gain  an  opinion  from 
the  Mayor  and  Common  Council,  who  appointed  a  committee  to  confer  with 
the  Commisioners  in  regard  to  any  contemplated  legal  proceedings.  Their 
opinions  were  embodied  in  a  report  dated;  March  1-ith,  stating  that  they  had 
consulted,  as  directed,  and  made  known  the  action  of  the  Council  in  the 
matter.  To  that  end  they  proposed  to  the  Fund  Commissioners  to  engage 
the  services  of  two  attorneys  who  reside  in  San  Jose,  and  also  a  law  firm  in 
San  Francisco,  and  that,  before  proceeding  in  the  afiair,  to  have  a  written 
agreement  with  the  attorneys  as  to  what  their  charges  would  be.  The 
names  of  Messrs.  Archer  and  Yoell  were  susfo-ested.  The  Committee  further 
report  as  follows:  "  We  also  asked  the  Fund  Commissioners  if  they  were 
willing  to  allow  some  of  the  money  now  in  their  hands,  from  the  proceeds  of 
the  sale  of  lands,  to  be  appropriated  for  that  purpose.  The  Fund  Commis- 
sioners did  not  seem  to  have  their  minds  made  up  to  any  particular  action 
in  the  matter,  and  it  appeared  to  your  committee  impossible  to  understand 
what  they  did  want  to  do;  for,  although  the  Council  and  your  committee 
took  it  for  granted,  from  the  tenor  of  the  letter  before  referred  to,  that  they 
had  their  minds  made  up  to  test  the  legality  of  the  title  of  the  Land  Com- 
pany, upon  consulting  with  the  Fund  Commissioners,  it  appeared  we  were 
mistaken." 

April  2d  "  An  Ordinance  granting  to  the  county  of  Santa  Clara  St.  James' 
Square"  was  read,  and  on  motion  adopted  by  the  following  vote:  Ayes — 
Messrs.  Morrison,  Pfister  and  Moody ;  Noes — Mr.  Pomeroy.  The  accompanying 
resolution  was  then  carried :  "  Whereas,  There  has  been  an  unsettled  account 
between  the  county  of  Santa  Clara  and  the  city  of  San  Jose  in  regard  to 
the  taking  care  of  the  indigent  sick,  amounting  to  the  sum  of  about  five 
hundred  dollars,  alleged  to  be  due  to  the  said  county ;  and  whereas  said  county 


A 


o-^vy^vl. 


A^cUl/yl 


T'    '•       ^  W  YORK 


Avrnu.    I  --N?X  AND 


SAN   JOS^    TOWNSHIP.  417 

has  offered  to  relinquish  all  claim  against  said  city  if  ])iivilege  is  granted  to 
said  county  to  build  a  Court  House  on  any  of  the  public  squares  of  said 
city;  and,  whereas,  in  consideration  of  said  (>fK;r,  and  other  in)])Oitant 
reasons,  the  Mayor  and  Common  Council  have  this  day  passed  an  ordinance 
granting  said  jirivilege.  Therefore  he  it  Resolved,  That  the  Clerk  of  the 
Common  Council  be,  and  he  is  hereby  instructed  to  furnish,  without  unneces- 
sary delay,  a  copy  of  said  ordinance  to  the  Board  of  Supervisors  of  said 
county,  together  with  this  resolution." 

At  the  municipal  election  held  April  9,  1860,  the  following  officers  were 
selected:  Mayor,  Richard  B.  Buckner;  Common  Council,  James  R.  Lowe, 
John  R.  Wilson,  Arthur  Shearer,  Adam  Holloway,  Q.  D.  Gavitt;  Marshal, 
Jasper  D.  Gunn;  Assessor,  Win.  R.  Davis;  Superintendent  of  Public  Schools, 
R.  P.  Thompson;  Treasurer,  Levi  P.  Peck;  Clerk,  James  V.  Tisdall. 

After  being  twice  returned  by  the  Mayor  the  ordinance  granting  to  James 
Hagan  the  privilege  of  introducing  gas  into  the  city  was  adopted  July  13th, 
all  the  Aldermen  voting  for  it,  while,  August  16th,  the  citizens  near  whose 
dwellings  the  gas-works  were  to  be  erected,  petitioned  against  such;  and  on 
August  23d  a  proposition  emanating  from  the  Board  of  Supervisors  was 
road  and  an  ordinance  was  passed  leasing  the  upper  portion  of  the  City  Hall  for 
the  purpose  of  hohling  county  courts  for  two  years  from  September  1,  1860. 

The  San  Jose  Daily  Reporter  made  its  first  appearance  on  the  10th 
January  of  this  year,  under  the  direction  of  W.  F..  Stewart ;  it  was  changed 
to  the  Weekly  Reporter,  and  was  first  issued  as  such  April  23d. 

A  mass  meeting  to  express  the  general  feeling  in  regard  to  the  injunction 
on  the  New  Almaden  mines  was  held  at  the  City  Hall,  Januar}'  24,  1860, 
when  resolutions  were  adopted  requesting  the  representatives  of  the  county 
in  the  Legislature  to  take  action  so  that  it  should  be  removed. 

The  progress  of  the  city  during  the  year  1860  was  gradual,  and  indicative 
of  prosperity,  while  its  affairs  were  fast  assuming  good  shape,  and  its  acts 
a  permanent  forna. 

18G1. — The  records  of  this  year  show  that  on  April  11th  the  election  for 
municipal  officers  was  held  with  the  following  result:  Mayor,  J.  W.  Johnson; 
Common  Council,  W.  W.  McCoy,  C.  T.  Ryland,  J.  M.Williams,  A.  Holloway, 
J.  R.  Lowe;  Marshal,  J.  D.  Gunn;  Assessor,  A.  M.  Younger;  Superintendent 
of  Schools,  R.  P.  Thompson;  Clerk,  J.  R.  Lowe,  Jr.;  Treasurer,  Levi  P. 
Peck.  July  loth,  Thomas  Bodley  was  elected  to  the  Council  vice  C.  T.  Ryland, 
resigned.  On  May  8th,  it  was  resolved  by  the  Common  Council  that  the 
Mayor  be  instructed  to  enter  into  a  contract  with  W.  T.  Wallace,  emplo>'ing 
him  to  appear  for  the  city  of  San  Jose'  and  Fund  Commissioners  in  the  suit 
of  Smith,  et  al.,  vs.  The  City  of  San  Jose,  and  to  attend  the  said  suit  until  its 
termination,  at  the  fee  of  five  thousand  dollars,  and  that  he  be  required  to 
make  a  vigorous  defense  to  said  suit,  and  obtain  if  possible  a  judgment  that 
said  Smith  and  liis  associates,  etc. 
27 


418  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

On  January  21,  1801,  the  commencement  of  lighting  the  streets  with  gas 
in  San  Jose  was  effected,  eighty-four  consumers  being  supplied,  and  seven 
lights  put  on  the  streets.  In  the  Spring  the  San  Jose  Weekly  Mercury  was 
issued — a  history  of  this  paper  will  be  found  elsewhere  in  this  work — while 
in  the  month  of  April  occurred  that  procession  when  nearly  a  thousand  set- 
tlers paraded  through  the  streets  of  San  Jose. 

The  year  1861  is  one  which  will  be  ever  remembered  as  that  when  there 
broke  out  a  dissension  between  two  vast  sections  of  the  United  States,  that 
was  like,  at  one  time,  to  effect  the  dismemberment  of  the  nation.  Joint  reso- 
lutions had  passed  both  Houses  of  the  Legislature  pledging  California  to 
respond  to  any  call  from  the  President  for  putting  down  foes  to  the  Central 
Government,  hence  in  every  village,  town  and  city  military  organizations 
were  being  raised.  San  Josd  was  not  behindhand.  Names  were  being- 
enrolled  for  soldiers'  duty;  a  meeting  was  held  in  the  City  Hall,  May  30th; 
and  on  June  20th  the  following  gentlemen  were  elected  officers  and  non- 
commissioned officers  of  the  San  Jose  Volunteers:  Hugh  A.  Gourley,  Cap- 
tain; John  Martin,  First  Lieutenant;  D.  C.  Vestal,  Second  Lieutenant;  S.  C. 
Thomas,  Third  Lieutenant;  M.  Pulaski,  First  Sergeant;  J.  H.  Murphy,  Sec- 
ond Sergeant;  E.  Pomeroy,  Third  Sergeant;  T.  J.  Cuiston,  Fourth  Sergeant; 
John  MulhoUand,  First  Corporal ;  William  M.  Owen,  Second  Corporal ; 
David  Downer,  Third  Corporal;  Randolph  Leavenworth,  Fourth  Corporal. 
The  celebration  of  the  Fourth  of  July  in  this  year  is  looked  upon  as  one  of 
the  most  enthusiastic  that  ever  occurred  in  the  city ;  and  yet  it  was  marred 
by  a  painful  accident  whereby  Lieutenant  Martin  and  Messrs,  Gourley  and 
Edward  Morton,  of  the  Volunteers,  were  injured  while  firing  a  national 
salute.  The  Mercury,  of  July  11th,  says:  "It  is  the  opinion  of  the  Mayor 
that  since  the  appointment  of  the  regular  police  the  morals  of  this  city  have 
greatly  improved.  Particular  attention  is  given  to  restricting  vile  language 
in  the  streets  by  men  who  have  no  regard  for  their  own  decency  or  that  of 
any  one  else.  There  are  also  fewer  drunks  than  formerly ;  and  the  Maxtor 
is  of  opinion  that  rowdyism  generally  is  on  the  decline." 

About  this  period  the  School  Fund  of  the  city  was  found  to  be  insufficient 
•  to  meet  the  current  expenses  of  the  schools,  while  some  of  the  teachers  had 
taught  for  five  months  without  receiving  any  part  of  their  stipulated  com- 
pensation. The  school-houses  were  also  in  need  of  repairs,  cleaning  and  alter- 
ation, yet  these  could  not  be  effected  for  want  of  money  in  the  Treasury.  In 
view  of  such  a  deplorable  state  of  things,  the  Board  of  Education  felt  it 
incumbent  upon  them  to  investigate  into  the  cause  of  such  embarrassment, 
and  for  this  purpose,  appointed  a  committee  to  ascertain  the  facts, 
in  relation  thereto,  and  make  them  public.  The  committee  so  appointed, 
reported  as  follows:  "The  Common  Council  of  the  city,  in  March  last, 
saw   fit  to  appropriate  the  school  funds  for  other  purposes  than   that  of 


SAN   JOSl^:   TOWNSHIP.  419 

sustaining-  the  schools,  by  the  following  certificate  of  an  ordinance  in  the 
Treasurer's  possession:  (^opy  of  the  City  Clerk's  certificate: — '  San  Jos(^, 
January  12,  1861.  An  Ordinance  authorizing  the  City  Clerk  to  transfer 
from  the  Common  School  Contingent  Fund  the  sum  of  five  hundred  dollars 
to  the  Common  ScHool  Fund.  Passed — Ayes,  Shearer,  Holloway,  Gavitt 
and  Lowe;  Nays,  none.  *  *  March  4,  1861.  An  Ordinance  transferring 
the  sum  of  one  thousand  dollars  from  the  Common  School  Contingent  Fund, 
to  the  General  Fund,  to  pay  and  discharge  all  warrants  drawn  upon  the 
General  Fund.  Pa.ssed — Ayes,  Shearer,  Holloway,  Gavitt  and  Putney; 
Nays,  none.  *  *  I  certify  that  the  above  is  true  and  correct,  and  that 
such  ordinances  were  passed,  as  per  date,  by  the  Common  Council  of  the  city  of 
San  Jost^,  and  approved  by  the  Mayor.  [  L.  S.  ]  James  V.  Tisdal,  City  Clerk.' 

"  Now  the  ordinance  for  the  transferring  of  the  funds,  as  appears  from  the 
City  Records,  is  dated  ten  days  later  than  the  above  certificate  of  Mr.  Tisdal's, 
and  includes  two  sections  more  than  he  saw  fit  to  communicate  to  the 
Treasurer;  though  he  attests,  as  a  city  officer,  to  the  correctness  of  the  same, 
and  he  also  attests  that  it  was  approved  by  the  Mayor;  when,  as  it  appears, 
it  was  not  so  approved.  After  the  money  had  been  drawn  out  of  the  Treas- 
ury, Mayor  Buckner,  it  w^ould  appear,  signed  the  ordinance,  of  which  the 
following  is  a  copy:  'Be  it  ordained  by  the  Mayor  and  Common  Council  of 
the  city  of  San  Jose' :  Section  1 .  That  the  City  Treasurer  be  and  is  hereby 
authorized  and  required  to  transfer  from  the  Common  School  Contingent  Fund, 
to  the  General  Fund,  the  sum  of  one  thousand  dollars.  Section  2.  That  the  City 
Treasurer  be  and  is  hereby  re(^uired  to  use  said  money,  so  transferred,  to  pay 
and  discharge  all  warrants  drawn  upon  the  General  Fund.  Section  3.  That 
the  Treasurer  be  also  further  authorized  and  required  to  restore  to  said  Com- 
mon School  Contingent  Fund  the  amount  hereby  drawn  from  the  same,  so 
soon  as  the  same  shall  have  accumulated  in  the  General  Fund.  Approved, 
March  14,  1861.    R.  B.  Bucknek,  Mayor.    Attest  James  V.  Tisdal,  Clerk.' 

"But  the  principal  circumstances  in  the  whole  of  this  transaction  Is,  that  of 
the  School  Fund  being  appropriated  by  the  Mayor  and  Common  Council  to 
other  than  their  legitimate  purposes;  and,  as  we  are  satisfactorily  convinced, 
contrary  to  law.  It  is  true  that  the  last  section  of  the  above  ordinance,  if  it 
had  been  communicated  to  the  Treasurer,  makes  some  show  of  providing  for 
the  restoration  of  the  money,  but,  even  now,  when  he  is  api)rised  (unofticially) 
of  the  facts,  the  money,  so  far  from  being  I'estored,  is  never  likely  to  be;  for 
individuals  of  the  present  Council,  and  probably  also  the  Treasurer,  think 
that  other  appropriations  must  continue  to  be  drawn  from  the  General  Fund 
until  a  thousand  dollars  shall  have  accumulated  therein ;  which  is  not  likely 
to  be  the  case  for  years  to  come. 

"  R.  P.  Thompson.        Davis  Devine.        Charles  Moody." 

On  August  1st,  Appleton's,  formerly  the  City  Hot<}l,  was  totally  destroyed 


420  HISTORY    OF    SANTA    CLARA   COUNTY,    CALIFORNIA. 

by  fire.  It  may  be  remembered  as  the  one  which  stood  on  First  street 
nearly  opposite  the  Mansion  House.  The  fire  companies  labored  well  but 
with  no  avail.  On  August  8th,  it  is  announced  in  the  Mercury  that  W.  T. 
Wallace  had,  on  the  3d,  presented  the  Department,  through  the  Chief  Engi- 
neer, J.  B.  Hewson,  a  donation  of  one  thousand  dollars.  On  the  even- 
ing of  the  23d  October,  the  steam-boiler  of  Bassham's  Mill  exploded,  causing 
considerable  damage;  the  premises  were,  however,  soon  repaired  with  no 
delay  to  business.  On  the  evening  of  December  24,  1861,  the  streets  were 
generally  lighted  for  the  first  time  with  gas. 

1862. — Early  in  this  year  it  was  said  of  San  Jose,  that  "its  streets  are  wide, 
its  fountains  of  pure  water  refreshing,  and  its  orchards,  gardens  and  vineyards, 
render  it  fit  to  be  the  residence  of  gods.  It  has  numerous  hotels  for  the 
accommodation  of  the  sojourner,  where  the  good  things  of  this  life  are  dealt 
out  to  the  hungry  traveler;  it  has  two  newspapers,  several  flourishing 
schools  and  colleges,  and  bids  fair  to  become  the  Athens  of  the  Pacific." 

In  the  month  of  March  small-pox  prevailed  to  a  considerable  degree,  when, 
by  order  of  the  Council,  the  public  schools  were  closed.  Many  deaths,  prin- 
cipally among  the  poorer  classes,  occurred ;  while,  as  if  to  verify  the  truth  of 
the  adage  in  regard  to  misfortunes  never  coming  singly,  the  city  and  district 
had  been  visited  by  serious  floods  that  caused  a  great  deal  of  damage. 

A  meeting  of  citizens  was  held  in  the  City  Hall,  January  25,  1862,  to 
deliberate  upon  the  necessary  steps  to  induce  the  Legislature  to  restore  the 
State  capital  to  San  Jose.  C.  T.  Ryland  was  Chairman  and  J.  J.  Owen, 
Secretary.  April  14th,  the  municipality  was  elected  as  under:  Mayor,  Joseph 
W.  Johnson;  Common  Council,  Adam  Holloway,  Thomas  Bodley,  C.  D. 
Cheney,  E.  J.  Wilcox,  W.  O'Donnell;  Marshal,  W.  L.  Patterson;  Assessor, 
S.  Worsley  Smith;  Superintendent  of  Public  schools,  Rev.  L.  Hamilton; 
Clerk,  James  R.  Lowe,  Jr.;  Treasurer,  Levi  P.  Peck;  Surveyor,  Charles  T. 
Healy ;  Attorney,  A.  C.  Campbell.  Mr.  Lowe  resigned  the  Clerkship  of  the 
Council  July  26th  and  was  succeeded  by  James  V.  Tisdal.  June  6th,  the 
Alameda  Turnpike  Road  Company  was  incorporated,  and  during  the  Sum- 
mer and  Fall,  the  Alameda  road  was  repaired  and  a  toll-gate  erected  thereon 
near  the  Fair-ground.  This  road  was  completed  on  the  1st  of  November  at 
a  cost  of  twenty-eight  thousand  six  hundred  and  eighty-five  dollars  and 
eighty-one  cents.  The  toll-gate  was  removed  and  the  road  made  free  to 
all  in  July,  1868. 

Early  in  the  month  of  June,  1862,  it  w^as  found  that  Jasper  D.  Gunn, 
ex-City  Marshal,  who  had  held  the  office  for  five  years,  had  absconded  after 
embezzling  two  thousand  seven  hundred  and  sixty-three  dollars,  forty-eight 
cents.  Gunn  was  afterwards  tried  and  acquitted:  in  the  month  of  Decem- 
ber-, however,  legal  proceedings  were  ordered  to  be  instituted  against  his 
bondsmen. 


SAN   JOSfi    TOWNSHIP.  421 

On  July  28,  1862,  the  San  Jose  Institute  and  Commercial  College  was 
opened  with  one  hundred  and  twenty-five  pupils.  The  establishment  was 
under  the  direction  of  Professors  Gates  and  D.  D.  Owen;  the  Faculty  com- 
prised, besides  these,  the  names  of  Mrs.  Gates,  Miss  Hattie  De  Puy  and  Miss 
Carrie  Rhodes;  while  the  lecturers  in  the  Business  Department  were,  on 
Accounts,  D.  D.  Owen,  A.  M. ;  on  Commercial  Law,  Hon.  A.  L.  Rhodes; 
on  Business  Customs,  Hon.  J.  J.  Owen.  The  Trustees  of  the  institution 
were  Major  S.  J.  Hensley,  L.  Archer,  Hon.  A.  L.  Rhodes,  Josiah  Belden, 
Thomas  Fallon,  Rev.  S.  S.  Etheridge,  Dr.  J.  C.  Cobb,  Rev.  L.  Hamilton,  Hon. 
J.  H.  Moore,  C.  W.  Pomeroy,  E.  Auzerais,  James  Lick,  Hon.  C.  P.  Hester. 

September  30,  1862,  the  following  gentlemen  were  elected  officers  of  the' 
San  Jos(^  Zouaves:  Captain  George  H.  Hare;  Lieutenants — First,  C.  L. 
Yates;  Second,  A.  W.  White;  Third,  C.  H.  Pomeroy;  Sergeants — First,  Mil- 
ton Campbell ;  Second,  P.  C.  Calder;  Third,  Samuel  Morris;  Fourth,  W.  W. 
Wright;  Corporals — First,  E.  E.  Seymour;  Second,  E.  Harris;  Third,  \Vm. 
Corbusier;  Fourth,  George  Pomeroy. 

From  the  report  of  the  School  Marshal  of  San  Jos^  published  in  Novem- 
ber, 1862,  we  obtain  the  following  statistics:  Number  of  children  under  four 
years  of  age,  four  hundred  and  fifty-one;  boys  over  four  and  under  eighteen, 
four  hundred  forty-four ;  girls  over  four  and  under  eighteen,  three  hundred 
and  nine-two;  whole  number  over  eighteen  and  under  twenty-one.  forty ; 
Total,  one  thou.sand  three  hundred  and  twenty-seven,  of  these  nine  hundred 
and  six  were  born  in  California.  The  largest  number  of  children  found  in 
one  family  was  ten ;  in  another  family  there  were  five  under  four  years  of 
age — all  single  births  and  children  of  one  mother.  There  were  no  deaf  and 
dumb,  and  but  one  bhnd  person  in  the  city. 

During  the  year  18(j2  great  improvements  were  made  in  all  parts  of  the 
city,  the  bountiful  rains  which  fell  in  proper  season  having  given  life  and 
activity  to  the  country.  The  streets  presented  a  brisk  business  appearance; 
produce  of  every  kind  came  pouring  in  from  the  valley,  the  teams  convey- 
ing it  blocking  up  the  main  thoroughfares  by  their  number.  Saturdays  com- 
menced to  assume  an  active  look  while  crops  were  good;  the  value  of  land 
had  inci'eased;  city  property  was  worth  more  than  it  had  been,  and  the  com- 
munity was  jubilant. 

l8G-i. — In  the  month  of  January  of  this  year  the  outstanding  bonds 
against  the  city  amounteil  to  .some  twenty-five  thousand  dollars,  there  b'ing 
in  the  Treasury  four  thousand  dollars,  and  in  the  hands  of  tlie  Commission- 
ers three  thousand  dollars. 

On  the  7th  April  William  T.  Wallace  was  authorized  to  take  proceedings 
and  recover  certain  school  lots  for  a  consideration,  the  fee  amounting  to  no 
less  a  sum  than  eisfht  thousand  dollars — a  retainer  which  called  forth  much 
adverse  criticism  at  the  time;  while,  at  the  election  hold  on  the  13th  of  the 


422  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

same  month  the  old  municipalit}'  gave  place  to  the  former  one,  as  follows: 
Mayor,  J.  A.  Quimby;  Common  Council,  C.  W.  Pomeroy,  Jesse  Hobson, 
John  Bonner,  C.  Yates,  D.  J.  Porter,  L.  Wagenheimer;  Marshal,  J.  C.  Potter 
Clerk,  J.  T.  Colahan ;  Treasui'er,  D.  B.  Moody ;  S  uperintendent  of  schools, 
Kev.  L.  Hamilton.  On  the  20th  April  the  Mayor  addressed  the  following 
exhaustive  messao-e  to  the  Common  Council:— 

"By  the  provisions  of  our  City  Charter,  you  are  enjoined  to  meet  on  the 
IVJonday  following  our  city  election,  to  transact  such  business  as  may  come 
before  you.  The  nature  and  extent  of  that  business  can  only  be  determined 
by  a  thorough  knowledge  of  city  affairs.  All  of  us  are  newly  elected  to  the 
positions  we  occupy  and  it  cannot  be  expected  that  we  should  comprehend 
so  fully  the  entire  conditions  of  our  city  affairs,  as  we  shall  when  all  the 
departments  pertaining  thereto  are  thoroughly  investigated  and  brought 
under  your  supervision.-*  You  have  been  elected  by  your  fellow-citizens,  rely- 
ing upon  your  reputed  integrity  and  business  qualifications,  to  fill  the.se  posi- 
tions; and  arduous  and  unpleasant  as  the  performance  of  these  duties  may 
be,  3^ou  will  need  no  incentive  more  urgent,  and  at  the  same  time  more 
inviting,  than  the  conviction  that  you  are  entirely  identified  with  every 
interest,  social,  moral,  pecuniary,  and  municipal,  vested  in  and  surrounding 
us.  Let  us  then  put  our  hands  diligently  to  the  work  set  before  us,  and  as 
citizens  who  intelligently  comprehend  our  whole  duty,  faithfully  and  fear- 
lessly discharge  it;  so  that  when  our  terms  of  office  shall  have  expired,  the 
good- will  of  a  now  expectant  people  shall  go  with  us.  As  a  preliminary  to 
the  attainment  of  these  ends  let  every  officer  in  ever}'-  department  of  our 
municipality  minutely  investigate  the  present  condition  of  his  office,  and 
report  the  same  to  Your  Honorable  Body,  at  the  earliest  moment,  in  order 
that  not  only  ourselves,  but  every  interested  citizen  can  be  as  familiar  with 
our  municipal  and  fiscal  condition,  as  he  is,  or  ought  to  be,  with  his  own 
pecuniary  affairs. 

"  And,  gentlemen,  I  also  feel  it  my  duty  to  call  your  attention  to  the  last 
important  act  of  the  retiring  Council  in  relation  to  an  agre  ement  entered 
into  with  Attorney  Wallace  for  the  recovery  of  certain  lots  and  land  known 
as  school  lots  and  land  in  and  out  of  the  city  limits.  The  tenure  by  which 
these  lots  and  land  are  now  held  is  known  to  vou  all.  It  is  known  that 
the  city  did  adopt  preliminary  measures  to  set  apart  this  land  for  school  pur- 
poses; hut,  it  is  farther  known,  that  all  the  acts  of  our  city  government  from 
that  time  up  to  the  action  of  our  late  Council,  have  been  of  such  a  character 
as  to  afford  the  most  undoubted  evidence  it  did  not  consider  that  '  setting 
apart '  of  said  lots  and  land  as  legal  or  morally  binding  upon  itself;  hence, 
they  had  taxed  them,  and  caused  them  to  be  sold  for  the  payment  of  taxes. 
The  Common  Council  and  the  Commissioners  of  the  Funded  Debt  (legisla- 
tively authorized  to  sell  city  land),  have  sold,  and  by  deed,  vested  individ- 


SAN   JOSl^:   TOWNSHIP.  4*23 

uals  with  full  ownership  of  a  lary-e  part  of  this  land,  and  so  far  as  plujhted 
faith  and  the  sacrodness  of  moral  obligations  can  be  bin<ling  upon  a  munici- 
pality like  ours,  the  individual  rights  to  this  land  and  these  lots — thus 
derived,  vested  and  secured — ought  to  be  held  forever,  undoubted  and  invi- 
olate. To  this  end  it  were  needless  to  ask  the  early  action  of  Your  Honor- 
able Bod}^  The  community  by  whom  you  were  elected  at  the  IjalJot-box 
demands  it.  The  citizens,  who.se  every  dollar  has  been  expended  in  the 
improvement  of  these  lots  and  land,  making  thereon  a  home  for  them.selves 
and  families,  demand  i't.  More  than  this,  the  moral  sentiment  of  nearly  our 
whole  community,  seeing  this  contract  for  the  violation  of  individual  rights 
— this  threatened  litigation,  producing  hatred  and  lasting  animosities,  not 
only  between  our  citizens,  but  between  our  city  government  and  those 
from  whom  our  city  government  derives  its  support — demands  that  this 
contract  shall  be  cancelled.  A  contract  not  only  in  violation  of  plighted 
faith,  moral  obligations,  and  an  outrage  of  individual  rights,  but  a  palpable 
violation  of  the  spirit  and  letter  of  our  City  Charter. 

"  Our  City  Charter  provides:  '  That  the  Common  Council  shall  create  no 
debt  upon  the  credit  of  the  city.'  The  agreement  with  Attorney  Wallace, 
first  premises  that  certain  persons  have  entered  upon  said  lots  and  refuse  to 
render  up  possession, — then  agrees  to  give  Attorney  Wallace  fifty  per  cent, 
of  the  value  of  said  lots  for  their  recovery  by  law,  provided  the  penalty  does 
not  exceed  eight  thousand  dollars;  and  further  agrqes  with  said  attorney  that 
the  city  shall  make  no  arrangement,  adjustment  or  compromise  with  person 
or  persons  holding  said  lots,  but  if  so  made,  the  compensation  of  said  attorney 
shall  remain  payable  in  like  manner  as  though  no  settlement  had  been  made. 
Here,  then,  is  a  contract  entered  into  by  the  Common  Council  with  Attorney 
Wallace  by  which  the  city  is  bound  to  pay  eight  thousand  dollars.  Notwith- 
standing this  wise  provision  of  our  City  Charter,  we  have,  according  to  the 
repoi'ts  of  the  outgoing  officers,  a  Floating  Debt  of  over  six  thousand  dollars, 
created,  as  we  are  told,  for  the  purpose  of  defraying  the  necessary  expen.sesof 
our  city  government.  Either  the  provision  of  our  charter  which  says, 
'  the  Common  Council  shall  create  no  debt  upon  the  credit  of  the  city,' 
means  something  or  nothing.  If  it  means  anything,  it  means  that  when  the 
fixed  revenue  of  the  city  shall  prove  inadequate  to  meet  the  current  expenses, 
the  tax-paying  citizens  shall  determine  by  vote,  at  the  ballot-box,  whether 
money  shall  be  raised  or  not.  It  never  contemplated  the  '  creation  of  debt ' 
without  first  providing  the  means  of  paying.  This  provision  cancels  the 
obligation  before  it  is  in  force,  and,  strictly,  there  is  no  debt  We  have  then,  a. 
created  Floating  Debt  of  over  six  thousand  dollars,  contracted  for  city  purposes, 
and  yet,  the  tax-paying  citizen  has  not  been  notified  b}"  the  Common  Coun- 
cil, in  the  prescribed  way,  that  a  necessity  existed  for  a<lditional  taxes  to 
defray  the  current  expenses  of  our  city  government.     It  can  hardly  admit 


424  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

of  any  other  construction  than  that  this  indebtedness  has  been  createti  in 
violation  of  our  City  Charter.  Again,  the  contract  with  Attorney  Wallace 
agrees  to  the  creation  of  a  debt  of  eight  thousand  dollars.  The  Common 
Council,  before  they  could  make  this  contract  binding  on  the  city,  should 
have  published  the  object  of  incurring  this  indebtedness,  and  submitted  it  to 
a  vote  of  the  tax-paying  citizens ; — hut  no  vote  was  submitted.  Every  consid- 
eration, then,  of  justice  to  individuals,  and  every  obligation  we  are  under,  by 
virtue  of  our  oath  of  office  to  conform  strictly  to  the  letter  and  spirit  of  the 
charter,  by  which  we  are  vested  with  official  powers,  demands  that  this 
agreement  with  Attorney  Wallace  be  considered  null  and  void.  The  time, 
way,  and  manner  of  your  action  in  the  premises,  will  be  best  determined  by 
your  wisdom  and  undoubted  ability  to  fill  the  positions  you  occupy. 

"  In  conclusion,  gentlemen,  allow  me  to  say,  that  on  all  and  every  occasion 
of  our  meetings,  it  sliall  be  my  object  to  promote  the  utmost  harmony  of 
feeling  and  action,  so  that  socially  we  shall  mix  pleasui-e  with  the  onerous 
discharge  of  our  official  duties,  and,  trusting  that  an  All-wise  Providence 
wdll  guide  and  protect  us  in  our  humble  spheres  of  action,  w^e  w^ll  commence 
our  labors,  confident,  at  least,  that  we  shall  endeavor  to  merit  our  own  com- 
mendation, and  that  our  watchful  fellow-citizens  will  not  withhold  theirs  if 

• 

mei'ited  by  us." 

In  regard  to  the  foregoing  a  committee  was  appointed  to  consult  with 
Judge  Wallace,  and  at  the  meeting  held  May  4th,  the  following  preamble 
and  re.solutions  were  adopted:  "  Whereas,  The  late  Common  Council  of 
the  city  of  San  Jot^e  did,  on  the  eighth  day  of  April,  1863,  enter  into  a  con- 
tract with  William  T.  Wallace  for  the  recovery  of  certain  lots  and  land 
known  as  '  school  lots '  and  land;  and,  whereas,  by  the  action  of  preceding 
Councils,  together  with  the  acts  of  the  Commissioners  of  the  Funded  Debt, 
separately  and  jointly,  a  large  portion  of  these  lots  and  this  land  have  and 
has  been  sold,  and  by  deed  conveyed  to  individuals,  citizens  of  said  city; 
and,  whereas,  the  good  faith  of  the  city  is  pledged  to  the  validity  of  said 
sales  and  transfers  by  deed;  and,  whereas,  by  the  condition  of  said  contract 
with  the  said  William  T.  Wallace,  attorney,  the  city  as  plaintifi'  to  prosecute 
for  the  recovery  of  said  lots  and  land:  Therefore  he  it  Resolved,  by  the 
Mayor  and  Common  Council  of  the  City  of  San  Jose,  that  they  deem  said 
contract  a  violation  of  good  faith,  justice,  law,  and  equity,  as  also  of  the 
provisions  of  the  City  Charter:  and  that  they  will  not  hold  themselves 
in  their  municipal  capacity  bound  by  any  of  the  conditions  set  forth  in  said 
contract  with  .said  Wallace."  In  reference  to  the  foregoing,  suit  was  brought 
against  the  city  by  General  Wallace,  and  on  June  8th  the  sum  of  two  hun- 
dred and  fifty  dollars  was  directed  to  be  set  apart  to  meet  the  expenses  in 
defendinsf  the  action;  on  the  same  date,  on  the  suggestion  of  the  Finance 
Committee,  the  accompanying  address  was  a  sent  to  the  citizens  of  San 
Jose : — 


SAN   J0S6    TOWNSHIP.  425 

"  The  Cuiiiinon  Council  of  your  city  foul  it  a  duty  incumbent  upon  them 
to  address  you  in  reference  to  the  financial  affairs  of  our  city;  and  in  doing 
so  we  will  endeavor  to  lay  the  whole  subject  before  you  in  so  plain  and 
simple  a  manner  that  each  citizen  may  fully  comprehend,  and  be  able  to 
form  his  own  conclusions  as  to  what  may  be  his  duty — also  the  duty  of  the 
Common  Council — under  the  circumstances  in  which  we  find  the  city  now 
placed. 

"  We  attach  to  this  address  a  list  of  accounts  approved  by  the  former 
Council  amounting  to  the  sum  of  six  thousand  three  hundred  and  thiit}-- 
nine  dollars  and  thirty  nine  cents.  The  records  of  these  proceedings  show 
that  such  claims  were  created,  and  that,  for  at  least  some  portion  of  these 
demands,  the  city  has  received  valuable  consideration. 

"  We  also  have  claims  presented  to  us,  originating  under  the  auspices  of 
the  former  Council,  amounting  to  the  sum  of  two  thousand  six  hundred  and 
ninety-eight  dollars,  some  portion  of  which  we  are  convinced  are  just  and 
equitable,  making  a  total  of  nine  thousand  and  thirty-seven  dollars  and 
thirty-nine  cents.  We  also  have,  in  addition  to  all  these,  a  prospective  claim 
of  eight  thousand  dollars  on  account  of  the  school  land  operation  of  our 
former  Council  and  General  Wallace. 

"  We  predicate  receipts  in  the  Treasury  for  the  fiscal  year,  for  general  pur- 
poses as  follows: — 

"  On  account  of  taxes  on  real  and  person.al  property S  G,9G0  00 

"  Licenses  and  other  sources 8,924  00 

"  Total  receipts  for  general  purposes 815,884  00 

"  The  expenditures  for  the  same  period  of  time,  are  set  down  as  follows: — 

"  For  general  purposes S  0,000  00 

"  Interest 2,400  00 

"  Sinking  Fund 4,000  00 

"  Total 812,400  00 

"In  the  above  estimate  of  receipts  we  should,  probably,  have  added  the 
amount  of  the  defalcations  of  the  late  ab.scondincr  Marshal.  *  *  In 
the  above  estimate  of  expenditures  we  have  not  taken  into  consideration  the 
amounts  that  may  be  required  in  prosecuting  the  suits  instituted  by  the 
city  against  Gunn  and  his  sureties,  and  also  in  defending  the  cit\'  in  such 
suits  as  are  or  may  be  instituted  against  it  by  those  of  its  citizens  holding 
real  or  imaginary  claims.  We  mention  these  items,  and  leave  the  subject 
for  each  to  form  his  own  conclusions.  Aside  from  these  claims,  the  revenue 
for  general  purposes,  after  meeting  all  the  usual  demands,  would  leave  a 
balance  of  three  thousand  four  hundred  and  eighty-four  dollars  in  the  Treas- 
ury, which   can   be  applied  to  the  payment  of  these  claims,  provided   the 


426  HISTORY    OF   SANTA    CLARA    COUNTY,    CALIFORNIA. 

same,  or  quite  a  portion  of  it,  will  not  be  required  to  defend  the  city  against 
vexatious  or  tortuous  suits.  A  special  tax  of  one-fourth  of  one  per  cent^ 
upon  the  taxable  property  within  the  cit}^  would  yield  a  revenue  of  from 
three  thousand  six  hundred  to  four  thousand  dollars,  which  amounts  together 
if  left  untrammeled,  would  nearly  or  quite  pay  eveiy  dollar's  worth  of  equitable 
claims  against  the  city."  July  14th  an  ordinance  to  levy  a  special  tax  of 
one-fifth  of  one  per  cent,  was  passed  over  the  Mayor's  veto  by  the  following 
vote:  Ayes — Bonner,  Hobson,  Wagenheimer,  Porter,  and  Pomeroy;  No — 
Yates.  The  election  to  test  the  question  was  held  August  3d,  when  one  hun- 
dred and  five  votes  were  cast  for  the  special  tax,  and  one  hundred  and 
thirty-eight  against  it. 

On  May  11th,  J.  C.  Potter  was  selected  to  be  Chief  Engineer  of  the  Fire 
Department;  on  the  25th,  some  frame  buildings  on  the  west  side  of  First 
street,  opposite  what  wUs  then  known  as  Archer  alley,  were  destroyed  by 
fire.  After  having  been  stopped  for  nearly  three-quarters  of  a  year,  by  Gen- 
eral Wright,  the  San  Jose  Tribune  made  its  re-appearance  May  25th. 
About  this  time,  the  building  on  the  north-east  corner  of  Market  and  El 
Dorado  streets  was  rented  as  a  Court  House,  and  so  occupied  until  the  com- 
pletion of  the  new  one,  in  1868;  and,  June  4th,  permission  was  granted  to 
Trinity  Parish  to  erect  a  Protestant  Episcopal  church  on  lot  one,  block  two, 
range  two  north — the  corner  of  Second  and  St.  John  streets;  while,  at  this 
period,  the  erection  of  the  Presbyterian  chiirch  on  Second  street  was  being 
proceeded  with,  the  corner-stone  having  been  laid  June  14,  1863.  On  the 
morning  of  June  19th,  a  destructive  fire  broke  out  in  certain  wooden  build- 
ings on  the  north  side  of  Santa  Clara  street,  between  Market  and  First 
streets;  the  principal  sufferers  were  a  fruit-dealer,  named  George,  five  hun- 
dred dollars ;  J.  C.  Koppel,  cigar  and  tobacco  dealer,  three  thousand  dollars ; 
Gerdes  &  Tiemeyer,  proprietors  of  Bella  Union,  about  three  thousand  dol- 
lars; Zuckerman,  watchmaker,  one  hundred  and  fifty  dollars ;  C.  Humbert, 
Bella  Union  Restaurant,  two  thousand  dollars ;  J.  H.  Heering,  photogra- 
pher, twelve  hundred  dollars.  The  Fourth  of  Jul}'  was  celebrated  this  year 
with  much  enthusiasuij  though  it  was  unhappily  attended  with  a  severe 
accident  to  David  Piercy,  a  young  man,  and  member  of  the  "Zouaves,"  who 
was  seriously  injured  by  the  premature  discharge  of  a  cannon. 

On  July  9,  1863,  we  learn  of  the  organization  of  a  company  of  Light 
Artillery,  with  the  following  officers :  Captain,  S.  O.  Houghton;  Senior  First 
Lieutenant,  C.  T.  Healy ;  Junior  First  Lieutenant,  J.  Wiegert;  Senior  Sec- 
ond Lieutenant,  Nathan  B.  Edwards  ;  Junior  Second  Lieutenant,  Edmund 
Ladd.  The  company  had  one  hundred  and  fourteen  names  on  its  muster- 
roll  ;  while,  at  that  period,  Mr.  Lyon  had  commenced  the  building  of  his  res- 
idence opposite  the  Episcopal  church,  and  Tyler  Baach  was  then  erecting  the 
St.  James  Hotel.    On  the  night  of  Friday,  August  14th,  Walteufel's  book  store. 


SAN    JOSl^:    TOWNSHIP.  427 

on  Market  street,  was  damaged  by  fire,  to  the  extent  of  Hvu  tliousand  dollars, 
evidently  the  work  of  an  incendiary,  as  the  shutters  to  the  back  door  were 
found  to  be  open,  and  about  eighty  dollars  in  silver  was  missed  from  the  till. 
Splendid  show-cases,  countless  pictures,  and  a  large  ([uantity  of  books  and  sta- 
tionery were  completely  ruined.  On  the  12th  September,  the  first  number 
of  the  Weekly  Patriot  was  issued  by  the  editor  and  proj)rietor,  F.  B.  .Mur- 
doch. In  the  month  of  October,  Levi  Millard  commenced  runnincj  a  four- 
horse  omnibus  between  McCarthysville  (Saratoga;,  and  San  Jos^,  by  way  of 
Santa  Clara;  on  the  10th  December,  the  famous  wit,  Artemus  Ward  (C  F. 
Browne)  enlightened  the  good  citizens  on  the  topic  of  "  The  Babes  in  the 
Wood;"  and  on  the  19th  of  the  month,  the  residents  were  severely  .shaken 
by  an  earthquake. 

During  the  year  1863,  besides  the  churches  mentioned  above,  there  were 
erected,  Clement's  three-storied  block,  on  Market  street.  King  &  Knoche's 
fine  block,  on  first  street ;  the  Auzerais  House,  on  the  burnt  district  on  Santa 
Clara  street;  Welch's  large  brick  stable  on  First  street;  and  the  railroad 
depot  near  San  Pedro  street,  besides  .several  private  dwellings.  It  was 
thought  that  during  the  last  half  of  the  year  at  least  fifty  buildings  had 
been  completed.  It  is  needless  to'  say  that  San  Jose  was  in  a  prosperous 
condition. 

186/^. — The  cry  of  "  long-looked-for,  come  at  last,"  fulfilled  itself  in  this 
year.  The  railroad  had  actually  become  an  accomplished  fact.  Towards  the 
end  of  the  last  year,  it  had  crossed  the  county  line.  On  the  6th  of  January, 
at  a  meeting  of  the  citizens  held  at  the  Crandell  Hotel,  the  Mayor  presiding, 
and  F.  B.  Murdoch,  Secretary,  it  was  resolved  "  that  in  honor  of  the  com- 
pletion of  the  San  Francisco  and  San  Jose'  Railroad,  the  citizens  of  Santa 
Clara  county  will  give  a  free  entertainment  on  Saturday,  January  16,  1864, 
at  12  M.,  to  the  public  generally,  and  that  they  will  cordially  invite  the  officers 
of  the  Railroad  Company,  the  Mayor  and  Board  of  Supervisors  of  San  Fran- 
cisco, and  citizens  of  San  Francisco  city  and  county  to  join  with  them  in 
celebrating  the  day."  In  accordance  with  this  resolution,  Messrs.  L.  Archer, 
Thomas  Fallon,  A.  Pfister,  E.  McGowan,  and  L.  C.  Bostick,  wei-e  appointed  a 
committee  to  carry  out  the  object  of  the  meeting.  On  the  day  named,  Jan- 
uary 16, 1864,  a  vast  concourse  of  people  assembled  to  welcome  the  first  pas- 
senger train  that  had  traversed  the  entire  line  l)etween  San  Jose  and  San 
Francisco,  which  was  received  with  every  demonstration  of  iov.  An  address 
was  delivered  by  Mayor  Quimby,  to  which  the  President  of  the  road,  Judge 
Dame  replied;  resolutions  were  read  by  Mr.  Archer;  speeches  made  by  the 
Hon.  T.  J.  Phelps,  and  others;  a  grand  procession  took  place;  after  all  of 
which  a  "free  and  bounteous  "  repast  was  served  to  the  multitude.  Well 
might  it  be  a  day  of  great  rejoicing.  But  a  few  years  before,  antl  the  en- 
tire valley  was  a  waste  of  uncultivated  lands.     Now,  turn  in  whatever  direc- 


428  HISTORY    OF    SANTA    CLARA   COUNTY,    CALIFORNIA, 

tion  you  may,  and  the  eye  rests  upon  green  lawns,  and  flowering  gardens. 
At  last  comes  the  shrill  whistle  of  the  locomotive,  echoing  back  from  mount- 
ain and  from  crag,  and  rolling  through  the  rocky  canons,  carr3ang  in  its 
sound  an  incontestible  proof  of  American  enterprise,  foresight,  and  determi- 
nation. 

Among  all  the  prospects  of  the  future  on  which  the  mind  of  man  is 
engrossed,  unlooked-for  death  occasionally  steals  in  to  prove  that  we  are  but 
mortal.  On  February  6, 1864,  there  died  in  San  Jose  one  of  her  most  esteemed 
and  worthy  citizens.  Sheriff  James  F.  Kennedy  breathed  his  last  while 
undergoing  an  operation  for  the  removal  of  a  tumor  from  one  of  his  shoulders. 
His  term  of  otiice  had  but  four  weeks  more  to  run  ere  expiration.  Of  this 
gentleman  the  Mercury  remarks:  He  had  always  taken  a  deep  interest  in  all 
matters  pertaining  to  the  public  weal,  and  was  closely  identified  with  the 
success  and  prosperity  of  Santa  Clara  county.  He  was  also  much  interested 
in  the  military  oi'ganization  of  the  State,  having  been  commissioned  by  the 
Governor,  as  Colonel  of  the  State  Militia ;  he  held  this  rank  at  the  time  of  his 
death.  Mr.  Kennedy  was  once  a  nominee  for  the  office  of  Lieutenant  Gov- 
ernoi-  of  California,  on  the  Republican  ticket,  but  was  defeated.  In  his  inter- 
course with  men  he  was  social  and  friendly;  his  nature  was  softened  bv 
kindness  and  affability,  and  was,  what  may  be  summed  up  in  three  words — ■ 
a  good  man. 

On  February  18,  18G4,  the  first  Rector  of  Trinity  Parish  breathed  his  last. 
The  Rev.  Mr.  Etheridge  came  to  San  Jose  when  members  of  the  Episcopal 
Church  were  much  scattered,  but,  notwithstanding  his  delicate  health,  he 
labored  earnestly  until  he  brought  them  together  and  formed  the  parish. 
Permission  having  been  obtained  from  the  Mayor  and  Common  Council  of 
the  city,  Mr.  Etheridge  was  buried  under  the  chancel  of  the  church,  at  the 
foot  of  the  altar.  The  ceremonies,  attending  the  obsequies,  conducted  by  the 
Right  Reverend  Bishop  Kip,  and  the  Reverends  T.  W.  Brotherton,  F.  Marion 
McAllister,  Giles  A.  Easton,  J.  H.  Gassman,  and  T.  A.  Hyland,  were  both 
solemn  and  impressive.  He  came  here,  a  stranger,  when  there  was  but  little 
interest  exhibited  in  this  vicinity  for  the  Holy  Church  Universal,  and  his 
fii'st  sermon,  on  the  First  Sunday  in  Advent,  1860,  to  the  few  of  the  church 
who  heard  it,  may  be  said  to  be  the  advent  of  the  church  in  this  place. 

"  So  live  that  when  thy  summons  comes  to  join 
The  innumerable  caravan  that  moves 
To  the  pale  realms  of  shade,  where  each  shall  take 
His  chamber  in  the  silent  halls  of  death, 
Thou  go  not,  like  the  quarry  slave,  at  night 
Scourged  to  his  dungeon;  but  sustained  and  soothed 
By  an  unfaltering  trust,  approach  thy  grave 
Like  one  who  wraps  the  drapery  of  his  coiich 
About  him  and  lies  down  to  pleasant  dreams." 


SAN    JOSit   TOWxNSHlI'.  429 

Friday,  the  2Gth  February,  will  be  romeinbered  as  the  occasion  of  a  shock 
of  an  earthquake,  the  like  of  which  had  not  been  experienced  for  years. 
Indeed  two  distinct  shocks  were  felt,  causinf(  those  wlio  were  asleep  to  be 
aroused  from  their  slumbers,  dishes  to  rattle,  door- bells  to  ring,  wooden  frames 
to  creak  and  snap,  cocks  to  crow,  dogs  to  bark,  and  a  general  consternation 
to  ensue.  The  proverbial  oldest  inhabitant  had  never  experienced  so  severe 
an  oscillation,  but  no  damage  was  done  save  the  widening  of  a  few  cracks  in 
some  of  the  buildings. 

April  11,  1864,  the  following  city  officers  were  elected:  Mayor,  John  A. 
Quimby;  Marshal,  J.  C.  Potter;  Clerk,  J.  T.  Colahan;  Treasurer,  ]).  B. 
Moody;  Superintendent  of  Schools,  Rev.  L.  Hamilton  ;  Common  Council,  J. 
M.  Cory,  Jesse  Hobson,  John  Bonner,  the  remaining  members  liolding  over. 
Mr.  Hamilton  resigned  his  position,  November  10th,  and  was  succeeded  by 
Wesley  Tonner. 

May  2<J,  of  this  year,  Donald  McKenzie  was  granted  permission  to  erect  a 
large  reservoir,  and  lay  down  pipes  through  the  principal  streets  of  the  city, 
for  the  purpose  of  furnishing  the  public  with  water,  as  also  to  keep  the  vari- 
ous municipal  cisterns  constantly  filled  in  case  of  fire. 

San  Jose,  with  its  vineyards,  gardens,  and  orchai'ds,  was,  at  this  period, 
described  by  a  visitor,  as  undoubtedly  the  prettiest  place  in  California;  but 
this  was  not  all,  for  its  future  was  full  of  hope  and  developing  splendor.  The 
railroad  had  placed  its  destiny  beyond  mere  probability ;  and  the  citizens 
were  availing  themselves  of  the  advantage.  Notwithstanding  an  unpropi- 
tious  season  had  distressed  the  farmers,  business  was  active;  improvements 
had  been  going  on  almost  recklessly.  On  one  of  the  streets,  formerly  occu- 
pied by  Jew  shops,  Auzerais'  magnificent  hotel,  lifts  up  its  stately  front  of 
one  hundred  and  fifty  feet,  with  architectural  decorations  equal  to  San 
Francisco.  The  huge  building  cost  one  hundred  thousand  dollars  and  more. 
The  Sisters  of  Notre  Dame  had  cleared  away  the  old  wooden  buildings,  and 
erected  a  splendid  structure — an  immense  building  and  constructed  with 
exquisite  taste.  The  new  San  Jose  Hotel,  costing  fifty  thousand  dollars,  was 
just  opened  and  astonished  its  visitors  with  its  style  and  elegance.  The  rail- 
road depot,  and  numerous  stately  private  residences  attested  the  wonderful 
march  of  improvement  following  the  track  of  the  iron  horse.  A  joint-stock 
company  was  commencing  to  build  a  Masonic  and  Odd  Fellows'  Hall,  at  a 
cost  of  fifty  thousand  dollars.  The  streets  had  been  opened  and  beautifully 
graded  and  ornamented.  A  turnpike,  costing  nearly  thiity  thousand  dollai-s, 
had  been  constructed  to  Santa  Clara — in  short  progress  was  the  recognized 
watchword,  and  what  it  has  done  speaks  for  itself. 

On  the  evening  of  Friday,  July  15,  1864,  the  city  was  thrown  into  a 
high  state  of  excitement  by  the  news  of  a  terrible  encounter  between  a 
Sheriff"s  force,  under  the  command  of  Sheriff  J.  H.  Adams,  and  a  party  of 


430  H [STORY    OF   SANTA   CLARA    COUNTY,    CALIFORNIA. 

highwaymen, 'within  a   mile  and  a  half  of  San  Jose,  in   which  one  man 
was  reported  killed  and  several  others  badly  wounded. 

It  may  be  remembered  that  a  few  weeks  prior  to  this  date  a  stage  rob- 
bery had  been  committed  near  Placerville,  and  that  two  of  the  conveyances 
were  stopped  by  a  party  of  six  highwaymen,  and  Wells,  Fargo  &  Co.'s 
Express  robbed  of  several  hundred  pounds  of  silver  bullion.  The  party 
represented  themselves  as  Southei'n  gentlemen,  acting  under  the  authority 
of  the  Confederate  Govei'nment,  and  their  Captain  (Ralph  Henry  alias 
Ingraham)  gave  a  receipt  for  the  treasure  in  behalf  of  the  Confederacy.  In 
a  day  or  two  after  the  robbery,  Officer  Staples,  of  El  Dorado  county,  came 
upon  the  gang  at  a  house  in  the  mountains,  and,  without  sufficient  assistance, 
attemjDted  to  arrest  them.  He  was  killed  in  the  attempt.  One  of  the  rob- 
bers named  Poole  was  wounded  in  the  "melee  and  captured,  the  rest  making 
their  escape.  The  capftive  made  a  clean  breast  of  the  whole  affair,  gave 
personal  descriptions  of  John  Clendening,  George  Baker,  John  Creal,  Ab. 
Gillespie,  and  Ralph  Henry,  and  these  were  confirmed  by  a  woman  living  in 
the  house  where  the  encounter  occurred. 

On  the  night  of  Thursday,  July  14th,  between  nine  and  ten  o'clock  in 
the  evening,  three  men  called  at  the  house  of  a  Mr.  Hill,  on  the  Almaden 
road,  and  asked  permission  to  remain  over  night,  stating  that  they  Avere 
looking  for  some  friends  whom  they  expected  to  pass  that  way.  Mr.  Hill 
directed  them  to  an  unoccupied  building  close  by,  saying  that  if  they  could 
put  up  with  such  accommodation  they  were  welcome  to  the  use  of  the 
building.  They  remained  there  that  night  and  all  the  next  day  (Friday). 
Thinking  their  actions  somewhat  suspicious,  and  acting  upon  the  advice  of  a 
friend,  Mr.  Hill  came  to  San  Jose  and  informed  the  authorities  of  the  circum- 
stances. The  Sheriff  immediately  organized  a  2^osse,  consisting  of  Deputy 
Sheriffs  G.  W.  Reynolds,  Fred.  Morris,  and  J.  Brownlee,  Marshal  Potter, 
Constable  Scott,  and  citizens  C.  N.  Senter,  E.  W.  Wiles,  Bowman  and  Gould, 
and  proceeded  at  once  to  the  place  indicated,  where  they  arrived  just  at 
night.  The  party  surrounded  the  house,  and  Sheriff  Adams  demanded  the 
robbers  to  come  out  and  deliver  themselves  up.  They  had  resolved  to  sell 
their  lives  dearly,  and,  rushing  out,  commenced  firing  promiscuously  at  the 
officers,  who  were  also  well  armed,  and  returned  their  fire  briskly.  John 
Creal,  named  above,  received  two  or  three  shots,  either  of  which  would  have 
caused  his  death.  He  was  brought  into  town  and  lodged  in  jail,  where  he 
died  about  half  an  hour  afterwards.  His  name  was  John  Creal  Bouldware. 
Ab.  Gillespie  or  Glasby,  another  of  the  gang,  received  seven  shots  through 
his  clothing,  had  the  handle  of  his  pistol  shot  away,  and  yet  escaped  bodily 
harm.  He  was  overpowered  and  secured.  Clendening,  after  firing  twice 
point  blank  at  Captain  Adams,  and  receiving  a  settler  in  return,  leaped  over  a 
fence  and  fled  in  the  direction  of  The  Willows,  where  he  was  found  about  mid- 


SAN   JOS]^;    TOWNSHIP.  431 

nio-ht  in  a  dying  condition  b}'  Undcr-slieiiM'  R.  B.  Hall  and  J.  \[.  J. owe,  Jr. 
of  another  party,  who  went  in  search  for  him,  the  Slieriff  huliiving  him  to 
be  badly  woundeil.  He  was  taken  to  the  county  jail,  where  he  survived 
until  the  following  night. 

One  of  the  shots  from  Clcndening's  pistol,  aimed  directly  at  Captain 
Adams'  heart,  struck  a  watch  in  the  pocket  of  his  vest,  breaking  of!* the  shank 
and  bending  in  the  edge  of  the  watch,  then  glancing  into  his  body,  bruised 
a  rib,  and  made  a  bad  wound,  from  which  was  extracted  the  ball  with  a  por- 
tion of  his  shirt;  Brownlee  received  two  flesh  wounds  in  the  legs.  Creal 
fired  eight  shots  before  he  fell,  and  was  attempting  to  use  his  pistol  after  he 
was  down,  when  he  w^as  disarmed  by  Mr.  Reynolds,  and  Clendening,  when 
found  in  the  bush,  had  two  revolvers  on  his  person,  and  a  bag  containing  a 
hundred  dollars  or  more  in  gold-dust,  while  the  others  had  about  one  hun- 
dred and  sixty  dollars  in  coin  about  them.  Their  object  was  thought  to  be 
to  rob  the  stage  to  the  New  Almaden  mine  when  returning  with  treasure  to 
pay  the  miners. 

Another  of  this  band  named  John  Grant,  who  had  had  some  difficulty 
with  the  Captain,  determined  to  carry  on  the  business  of  highw^ay  robbery 
on  his  own  account.  He  was  last  seen  in  the  vicinity  of  San  Juan.  A  young 
woman  with  whom  Grant  was  on  intimate  terms,  residing  near  Forbes'  mill 
(Los  Gatos),  received  a  letter  from  him  in  which  he  informed  her  he  would 
pay  her  a  visit,  a  short  time  thereafter,  on  his  way  to  Sonora. 

Having  possessed  himself  of  this  information,  it  matters  not  how,  Under- 
sheritf  Hall,  who  had  been  on  his  track,  placed  spies  upon  the  roads  leading 
to  the  premises,  who  watched  for  two  days  and  two  nights.  On  the 
8th  August,  Grant  came,  and  after  spending  the  evening  with  his  female 
acquaintance,  went  to  the  house  of  a  neighbor  to  pass  the  night.  About 
midnight  (the  8th  and  9th)  Hall,  accompanied  by  Charles  Potter  and 
John  Ward,  started  for  the  place,  and  surrounding  the  house  quietly  waited 
the  break  of  day.  As  soon  as  it  was  light  enough  to  make  sure  of  their  game, 
the  outside  door  was  opened  from  within  by  one  of  the  family  friendly  to  the 
Sheriff's  posse,  and  who  knew  of  their  presence.  Mr.  Hall,  followed  by 
Potter  and  Ward,  rushed  in  and  seized  their  man  while  in  bed  and  yet  asleep 
Two  revolvers  and  a  bowie-knife  were  taken  from  under  his  head.  He  was 
then  ordered  to  get  up  and  dress,  after  which  he  was  handcutTed.  Suppos- 
ing all  further  resistance  or  danger  over,  the  officers  relaxed  their  vigilance. 
Hall,  on  entering  the  prisoner's  sleeping-room,  had  a  double-barreled  shot- 
gun in  his  hands,  but  observing  the  condition  of  things,  instantly  set  the 
gun  dowx.  and  pinioned  the  sleeper  as  has  been  stated.  As  the  party  were 
preparing  to  leave,  Grant,  with  the  quickness  of  thought,  although  hand- 
cuffed, seized  the  gun  and  rushed  for  the  door,  with  Hall  after  him,  the  for- 
mer in  the  meantime  endeavoring  to  raise  the  irun   and  fii-o  backward  over 


432  HISTORY    OF    SAXTA    CLARA    COUNTY,    CALIFORNIA. 

his  shoulder  at  his  pursuer,  which  he  found  it  difficult  to  do  with  his  mana- 
cled wrists.  As  he  reached  the  outer  door,  after  passing  from  the  bed-room 
and  through  a  hall,  the  officer  seized  him  by  the  collar  of  his  coat,  and  swung 
him  partly  round.  At  this  instant  he  was  shot  by  some  one  of  the  party 
in  the  house  firing  both  barrels  of  a  shot-gun  simultaneously  ;  the  charge 
taking  effect  in  the  lower  part  of  the  back  brought  the  prisoner  to  the 
ground.  He  was  then  placed  in  a  carriage,  brought  to  San  Jose  and  lodged 
in  jail. 

On  the  19th  August,  Under-sheriff  R.  B.  Hall,  accompanied  by  Messrs. 
Hawkins  and  Anderson  of  San  Jose  and  Constable  Miller  of  San  Juan, 
arrested  R.  F.  Hall,  at  his  ranch  in  the  San  Juan  mountains  below  Gilroy. 
He  was  charged  with  being  an  accessory  of  the  San  Juan  stage  robbers,  and 
admitted  that  he  had  secreted  Grant  and  his  confederate  on  the  night  of  July 
5th,  when  they  commi'tted  the  first  robbery,  until  the  9th,  when  they  robbed 
the  second  stage.  Hall  was  examined  before  a  Justice  of  the  Peace  in  San 
Juan,  and  in  default  of  bail  was  sent  to  the  Monterey  jail.  His  wife,  an 
intelligent  woman,  who  was  aware  of  these  facts,  on  being  questioned  by  the 
the  Sheriff,  aside  from  her  husband,  as  to  the  offense  against  the  laws  for 
harboring  robbers, is  said  to  have  observed:  "  Suppose  you,  Mr.  Sheriff,  knew 
of  a  band  of  two  hundred  and  fifty  desperate  men,  bound  together  by  the 
most  solemn  oaths,  sworn  to  take  the  life  of  any  person  who  should  disclose 
their  purposes,  or  betray  any  of  their  number  into  the  hands  of  the  officers  of 
the  law;  and  suppose  two  of  their  number  should  seek  the  shelter  of  your 
roof,  as  did  those  men  who  robbed  the  stages,  what  would  3^ou  do  in  the 
premises  ? " 

On  August  28,  1864,  the  new  Presbyterian  church  was  dedicated,  the 
sermon  being  preached  by  the  Rev.  Mr.  Walsworth,  of  Oakland. 

It  only  remains  for  us  to  observe,  in  regard  to  the  year  1864,  that  the 
prosperity  of  the  city  was  still  on  the  increase,  while  she  had  assumed  an  air 
of  elegance  which  was  fast  making  her  become  the  glory  of  her  citizens. 

1865. — The  first  item  of  interest  in  this  year  was  the  opening  of  the 
Auzerais  House  to  the  public  on  March  16,  1865,  since  which  time  it  has 
maintained  its  standard  of  rare  excellence. 

April  10,  1865,  the  charter  election  was  held  with  the  following  result: 
Mayor,  John  A.  Quimby;  Common  Council,  D.  J.  Porter,  L.  Wageuheimer, 
C.  W.  Pomeroy,  and  three  others  holding  over;  Clerk,  John  T.  Colahan; 
Treasurer,  Chapman  Yates ;  Superintendent  of  Schools,  D.  S.  Payne. 

Upon  his  resuming  the  Civic  Chair,  His  Honor  Mayor  Quimby  addressed 
the  following  most  interesting  message  to  the  Common  Council  which  we 
reproduce  as  showing  the  effective  services  rendered  to  the  city  by  that 
gentleman  and  his  confreres: — 

"  On  entering  again  upon  our  second  and  third  terms  of  municipal  office, 


Cr-^: 


T  W  YORK 

f-  RARY 


ASTO!<,   L--fJCX  AND 
T(Li»C\'    FOU\«AriONS. 


SAN   JOS^   TOWNSHIP.  433 

.it  i.s  not  unfitting,  even  in  our  Ininible  spheres  of  duty,  to  acknowletlge  our 
gratitude  to  that  protective  Providence  which  has  again  permitted  us  to 
commence  another  oiiicial  year;  tiaisting  that  the  liarmony  of  thought  and 
action,  centered  upon  the  welfare  of  a  municipality  whose  interest.s  we  were 
elected  to  serve  and  secure,  may  be  unbroken  through  the  year  to  come,  so 
that  when  your  official  terms  shall  have  ended  the  people  by  whom  you 
were  elected  shall  not  be  made  to  feel  that  their  confidence  in  your  integrity 
and  ability  to  serve  them  was  misplaced  or  unmerited. 

"Two  years  ago  the  executive  and  administrative  affairs  of  this  city  were 
intrusted  to  the  care  of  most  of  us  now  present.  Let  us  make  a  brief  review 
of  the  then  existing,  and  our  now  present  condition,  in  order  that  the  people 
and  the  tax-payers  may  know  what  was,  and  now  is,  that  condition.  Finan- 
cially, the  situation  was  almost  inexplicable,  and  utterly  deplorable.  The 
General  Fund,  for  which  the  current  expenses  of  our  city  government  should 
have  been  promptly  paid  as  soon  as  incurred  was  burdened  with  a  debt 
amounting  to  nine  thou.sand  five  hundred  and  forty-four  dollars  and  eighty 
cents,  and  anxious  creditors  drawing  their  warrants  on  the  Treasury,  in  the 
order  of  their  issuance,  were  thankful,  if  after  months  of  waiting,  their  time 
and  turn  of  payment  luckily  arrived.  In  my  previous  message  to  you,  the 
great  wrong  and  illegality  of  this  condition  was  fully  discussed.  It  needs 
no  argument  now  to  justify  you  to  the  people,  that  your  interpretation  of 
the  law  as  well  as  your  adhesion  to  the  rules  of  good  sense  and  utility,  for- 
bade the  '  creation  of  debts,'  and  directed  you  to  incur  no  liabilities  beyond 
the  means  of  liquidation  in  the  Treasury.  You  have  done  more  than  this. 
Not  onl}'  has  every  liability  incurred  during  your  administration  been 
promptly  paid,  but  the  Floating  Debt,  amounting  to  the  sum  before  men- 
tioned, has  been  nearly  half  liquidated,  there  only  remaining  unpaid  in  cer- 
tificates of  indebtedness  against  the  city,  five  thou.sand  three  hundred  and 
thirty-five  dollars.  Of  the  Funded  Debt,  there  remained  at  the  commence- 
ment of  your  administration  outstanding  bonds  amounting  to  ten  thousand 
five  hundred  dollars,  and  the  full  amount  of  the  interest  due  on  these  bonds 
in  July  next  is  now  set  apart  in  the  Treasury.  It  will  be  seen,  then,  by  the 
accurate  reports  of  the  City  Clerk  and  Treasurer,  together  with  his  summary, 
that  every  department  of  our  city  government  has  been  kept  in  a  solvent, 
healthy,  prosperous  and  progressive  condition,  notwithstanding  the  constant 
and  large  expenditure  of  money  on  our  streets,  and  squares,  and  bridges — not- 
wi.shstandmg  the  large  amount  of  money  u.sed,  and  being  used,  in  the  payment 
of  our  predecessor's  debts,  every  fund  in  our  Treasury  is  more  than  equal  to 
the  demands  against  it.  It  will  also  be  seen  by  the  forthcoming  Report  of 
the  Treasurer  of  the  Commissioners  of  the  Funded  Debt  that  with  the 
amount  of  money  they  have  now  on  hand,  together  with  the  individual  obli- 
gations for  the  payment  of  money  for  city  lands  .sol<l,  that  before  this  fiscal 
28 


434  HISTORY    OF    SANTA   CLARA   COUNTY,   CALIFORNIA. 

year  shall  have  ended  every  dollar  of  our  Funded  Debt  can  be  paid,  there 
only  remaining  for  the  city  to  pay,  the  outstanding  certificates  of  the  Float- 
ing Debt,  amounting  to  little  more  than  five  thousand  dollars.  An  amount 
greater  than  this  has  yearly  been  set  apart  in  the  Treasury  for  payment  on 
our  Funded  Debt  and  interest  thereon.  So  that,  with  the  present  rates  of 
taxation,  we  have  most  positive  assurance  in  less  than  one  year  our  city 
will  occupy  a  most  anomalous,  yet  gratifying  position  of  being  free  from  all 
debt. 

"  And  now,  occupying  the  place  of  the  Chief  Executive  oflSce  of  the  city, 
perhaps  for  the  last  time  in  my  life,  I  feel  it  my  duty  to  enter  my  protest 
against  any  and  all  schemes  which  may  now  or  hereafter  involve  the  neces- 
sity of  issuing  bonds  or  other  evidence  of  debt,  for  any  object  whatever. 
No  greater  argument  in  favor  of  this  proposition  is  necessary  than  to  refer 
to  the  large  amount  of*  interest  paid  on  our  Funded  Debt.  The  amount  now 
paid  on  the  gross  principal  of  this  debt  is  forty-three  thousand  three  hun- 
dred dollars;  the  interest  paid  up  to  date,  inclusive  of  Treasurer's  commis- 
sions is  twenty-eight  thousand  three  hundred  and  nineteen  dollars.  The 
amount  of  gross  principal  yet  to  pay  is  ten  thousand  and  five  hundred  dollars. 
Add  to  this  sum  at  least  one  thousand  dollars  for  interest  and  commissions, 
and  we  find  the  total  amount  now  nearly  paid,  directly  and  indirectly,  from 
the  tax-payers  of  the  city  is  over  eighty-three  thousand  dollars.  It  will  be 
seen  then  that  a  large  per  centage  of  this  money,  raised  mainly  by  taxes 
from  the  people,  has  been  a  continued  drain  upon  our  resources,  to  the  ben- 
efit of  capitalists ;  and  resulting  in  municipal  impoverishment.  And  what  has 
our  city  now  to  show  for  this  large  amount  of  money  expended?  A  City 
Hall  whose  crumbling  walls  hourly  threaten  destruction  to  its  occupants. 
A  houseless  Fire  Department  only  effective  in  men,  with  out-of-time  and 
worn-out  engines,  and  defective  implements.  Our  streets  and  squares  hereto- 
fore neglected,  except  only  to  the  extent  of  individual  expenditure  for 
improvement.  And  yet  with  the  amount  of  money  absolutely  drawn  from 
the  people,  we  should  have  had  good  Public  Buildings,  the  Fire  Department 
supplied  with  enginespand  implements  worthy  of  men  willing  to  use  them^ 
well-graded  streets,  and  improved  and  beautiful  squai-es.  It  has  all,  or  nearly 
all,  gone  to  pay  the  principal  and  interest  of  debts  Glycated  for  objects  of 
very  questionable  utility  at  the  time,  and  which  to-day  are  comparatively 
worthless  to  the  city. 

"  I  congratulate  you,  members  of  the  Common  Council,  on  your  efforts  in 
inaugurating  a  new  condition  in  the  management  of  the  city  government^ 
never  departing  from  the  organic  law  of  our  charter.  You  have  '  created 
no  debts.'  By  your  prudence,  forecast  and  economy  the  old  debts  are  nearly 
paid.  By  a  just  appreciation  of  your  duties  as  guardians  of  the  best  inter- 
ests of  the  city,  and  with  energy  you  have  commenced  the   work  of  great 


SAN  josii  TowNsiiir.  4<35 

improvements,  and,  so  far  as  completed,  paid  for — and  not  a  dollar  wasted. 
Our  squares — Washington  and  St.  James — have  been  fenced;  the  Plaza 
nearly  graded  and  ready  for  fencing.  With  your  energy  directeil  to  their 
complete  improvement,  according  to  your  adopted  plans,  but  a  short  time 
will  elapse  before  tliey  will  be  pleasant  and  enticing  places  of  resort.  I 
know  you  are  determined  that  this  must  ami  shall  be  done. 

"  The  drainage  of  the  city  also  demands  your  immediate  attention. 
Accurate  surveys  should  be  made  to  ascertain  the  best  locality  for  the  con- 
struction of  such  sewerage  as  will  most  speedily  allow  the  accumulating 
water  from  all  the  streets  to  pass  away.  It  is  now  a  subject  of  dail}'  and 
just  complaint  that  much  of  this  water  is  allowed  to  flow,  to  settle  and 
stagnate  on  the  property  and  in  the  vicinity  of  many  of  the  residents  of  the 
city.     Efficient  sewerage  can  only  remedy  this  evil. 

"  The  condition  of  our  Fire  Department  also  demands  your  earnest 
attention.  With  the  heavy  burden  of  debt  heretofore  resting  upon  us,  it 
was  impossible  to  make  appropriations  of  money  requisite  for  an  effectual 
department;  but  with  the  city  soon  to  be  freed  from  existing  liabilities, 
larger  yearly  appropriations  should  be  made,  in  order  that  those  on  wlfom  we 
rely  for  the  safety  and  protection  of  our  property  and  homes  may  not  for  a 
long  time  to  come  be  made  to  feel,  as  they  now  know,  the  entire  inadequacy 
of  mechanical  appliances  for  the  prompt  and  speedy  extinguishment  of  fire; 
and  which,  if  furnished,  would  place  this  Department  in  grade  second  to  none 
in  the  State. 

"  I  would  also  direct  your  attention  to  the  necessity  of  a  change  in  the 
City  Charter,  under  which  streets  are  now  graded  and  improved.  By  it 
two-thirds  of  the  property-holders  fronting  on  any  given  section  of  streets 
must  petition  the  Common  Council  for  improvements,  before  any  Avork  can 
be  commenced.  The  results  are,  outside  of  the  business  portions  of  the 
city,  where  individuals  own  large  and  small  frontage,  and  not  feeling  it  to 
their  interest  to  have  the  street  improved,  they  have  become  disgracefully 
bad,  and  in  the  rainy  season  absolutely  impassable.  Our  prosperity,  as  well 
as  our  growing  reputation  of  soon  becoming  the  second  city  in  California, 
in  wealth  and  population,  and  first  in  all  the  surroundings  which  make  it 
the  most  desirable  place  of  residence,  require  that  all  of  our  streets  should 
be  well  grade' I  and  drained.  To  this  end,  the  law  .should  be  so  amen-led 
that  where  the  Common  Council  determine  the  best  interest  of  any  locality, 
or  of  the  city  generally,  calls  for  the  grading  or  improving  of  any  street  or 
streets,  it  could  at  once  h?.  done.  Otherwise,  through  the  parsimony,  caprice 
or  indifference  of  individuals,  our  city  will  be  left  for  years  to  come  with 
deep-rutted  muddy  streets,  stagnant  pools,  the  noisome  depositories  of  the 
city's  sewerage. 

"  The  matter  of  the  proposed  bridge  across  the  Coyote,  at  the  foot  of  Santa 


436  HISTORY    OF    SANTA   CLARA    COUNTY,    CALIFORNIA. 

Clara  sti-eet,  if  built  this  season,  also  claims  your  immediate  attention.  It 
is  a  subject  in  which  the  city  and  county  are  mutually  interested.  A  large, 
populous  and  producing  portion  of  our  county  is,  in  time  of  flood,  entirely 
cut  off  from  communication  with  the  city  and  other  parts  of  the  county 
from  want  of  a  bridge.  In  consideration  of  this  fact,  the  Board  of  Super- 
visors have  agreed  to  pay  one-half  of  the  whole  cost  of  the  construction  of 
a  bridge — provided  the  total  amount  does  not  exceed  six  thousand  five  hun- 
dred dollars — leaving  an  amount  of  three  thousand  two  hundred  and  fifty 
dollars  for  the  city  to  raise  by  tax  or  subscription,  in  order  that  the  work 
may  be  commenced  and  completed.  Not  having  this  amount  in  the  Treas- 
ury not  otherwise  prospectively  appropriated,  it  becomes  necessary,  by  the 
provisions  of  our  charter,  to  call  a  special  election  and  submit  to  the  people 
of  this  city  the  question  of  Tax,  or  no  Tax.  With  the  amount  probably  to 
be  raised  by  individual-^subscriptions,  a  small  per  centage  on  the  assessable 
property  of  the  city  of  less  than  one-fifth  of  one  per  cent,  will  be  sufficient. 
I  recommend  the  calling  of  this  election  at  the  earliest  possible  moment. 

"Another  subject  claiming  your  most  earnest  attention  is  the  condition  of 
our  public  school.  It  is  an  imposed  requirement  on  the  part  of  the  city  to 
raise  by  tax  a  sufficiency  of  money,  in  addition  to  the  amount  received  from 
the  State  and  county  funds,  to  keep  our  schools  free  through  the  year. 
Identified,  as  public  schools  have  been,  are,  and  must  always  be,  with  the 
vitalizing  influences  of  educational  equality  of  all  the  children  of  our  com- 
mon country,  to  give  to  the  millions  of  youth  who  are  soon  to  take  our  places 
a  moral  unity  of  thought,  intelligence  and  devotion  to  freedom  and  free 
institutions,  constitutes  a  subject  of  immeasurable  importance,  and  one  not 
wholly  neglected  by  your  city.  Under  the  direction  of  efficient  superintend- 
ence and  with  the  earnest  co-operation  of  the  Board  of  Education,  our  schools, 
by  the  employment  of  the  best  of  teachers,  have  made  rapid  progress  toward 
that  degree  of  excellence  which  entitle  them  to  a  rank  equal  to  the  best  in 
the  State.  Our  two  public  school-houses  have  long  since  been  filled  with 
scholars.  The  Grammar  Department  in  Brohaska's  building  is  also  full ;  and 
at  least  enough  of  children  are  now  waiting  to  fill  another  room,  which  we 
have  not.  What  shall  be  done  ?  We  must  either  build  or  rent,  to  meet  our 
present  wants.  I  would  advise  an  early  consultation  with  the  Board  of 
Education  in  relation  to  this  matter.  There  are  six  school  lots  belonging  to 
the  city.  It  has  been  suggested  that  four  of  these  be  kept  for  the  location 
of  a  school  building,  two  to  be  sold  and  the  money  applied  to  the  erection  of 
a  small  building.  But  it  is  a  question  of  very  doubtful  utility  and  economy, 
if  detached  school  buildings  afford  the  cheapest,  most  approved,  and  effectual 
means  of  education.  With  the  system  of  grades  of  classes  lately  adopted  in 
our  city  schools,  but  as  yet  very  imperfect  from  want  of  large  and  contig- 
uous rooms,  double  the  number  of  scholars  now  attending  our  schools  could 


SAN    JOSJi   TOWNSHIP.  437 

be  taught  with  little  additional  amount  to  that  now  being  paid  to  our  teach- 
ers— a  saving  of  at  least  two  hundred  dollars  per  month.  And  as  public 
schools  have  become  a  necessity,  and  their  full  support  a  certainty,  strict 
economy  in  the  use  of  money  can  only  be  attained  by  the  adoption  of  such 
methods  of  education  as  will  give  to  the  pupils  the  best  possible  means  of 
improvement  with  the  least  possible  expenditure  of  public  money.  To  place 
scholars  in  small  and  detached  buildings,  or  rooms,  and  employing  teachers 
for  each  department,  is  not  only  a  waste  of  money  but  a  most  unmethodical 
means  of  education.  But  in  large  and  contiguous  rooms,  with  conveniently 
arranged  recitation  apartments,  you  have  combined,  the  utmost  economy  in 
the  use  of  money  with  the  most  ^approved  facilities  for  education.  I  have 
called  your  attention  to  this  subject  more  with  reference  to  future  than  pres- 
ent action.  Prospectively,  the  School  Fund  will  soon  be  ample  to  furnish 
such  a  school  building  as  our  city  ought  to  have.  With  the  Funded  Debt 
paid,  all  the  surplus  of  money  derived  from  the  sale  of  city  lands  can  be 
applied  to  this  object.  In  the  meantime,  if  not  otherwise  advised  or  directed 
by  you,  the  Board  of  Education  must  supply  them.selves  with  adequate  room 
for  school  purposes,  as  they,  under  existing  circumstances,  deem  most  advis- 
able. 

"  I  would  call  your  attention  to  the  condition  of  our  city  lands.  All  indi- 
vidual opposition  to  the  confirmation  of  these  lands  to  the  city  is  withdrawn, 
and  all  litigation  in  relation  thereto,  except  with  the  Government,  is  at  an 
end.  I  would  advise  a  more  speedy  and  certain  way  of  obtaining  our  rights 
to  this  land  than  by  the  tardy  and  uncertain  action  of  courts.  By  a  full 
showing  of  the  facts  in  the  case,  by  petition  to  Congress  through  our  Repre- 
sentatives— which  for  some  reason  has  been  neglected — our  title  ouirht  to  be 
confirmed,  and  all  litigation  brought  to  an  end.  The  amount  of  land  claimed 
now  by  the  city  can  be  of  little  importance  to  our  Government,  yet  it  is  a  mat- 
ter of  vast  importance  to  the  settler  on  these  lands,  and  the  prosperity  and 
growth  of  our  city — depending  upon  agriculture  entirely  for  its  commerce — 
that  the  title  to  these  lands  be  at  once  settled.  Our  Representatives  ought 
to  labor  effectually  in  our  behalf  in  this  matter.  If  they  fail  to  do  so,  our 
wide-spreading  and  populous  valley  may  speak  to  tho.se  who  will  moi'e  cor- 
rectly represent  our  true  interest  at  Washington,  after  our  next  Congressional 
election. 

"  I  have  in  brief"  called  your  attention  to  some  of  the  wants  and  interests 
of  the  city.  Through  the  past  year  almost  entire  harmony  has  prevaildl  in 
our  Common  Council.  I  feel  confident  you  have  left  nothing  undone  you 
could  have  done  for  the  true  interests  of  the  city.  Another  year  of  diligent 
labor  lies  before  us.  With  harmony  of  thought  and  energy  of  action,  you 
will  inscribe  your  individual  acts  upon  the  fast-improving  condition  of  our 
prosperous  and  yet-to-be  beautiful  city." 


438  HISTORY    OF    SANTA   CLARA    COUNTY,    CALIFORNIA. 

On  March  16,  1865,  Martin  Murphy,  Senior,  was  gathered  to  his  fathers, 
at  the  advanced  age  of  eighty  years.  He  came  to  CaUfornia  in  the  year 
1844,  and  settled  in  the  Santa  Clara  valley,  where  he  resided  until  the  time 
of  his  death.  A  more  extended  notice  of  this  pioneer  gentleman  will  be 
found  elsewhere  in  this  volume. 

The  event  of  greatest  moment  that  occurred  in  the  year  1865  was  unques- 
tionably the  assassination  of  Abraham  Lincoln  in  Ford's  Theater,  Washing- 
ton, District  of  Columbia,  by  John  Wilkes  Booth,  on  the  evening  of  the  14th 
April.  Perhaps  no  calamity  of  a  like  nature  had  ever  occurred  before  to  any 
nation;  is  it  any  wonder  then  that  the  whole  land  was  flooded  with  tears, 
and  each  mourned  as  if  a  father  had  been  taken ;  and  was  not  he  a  father  to 
the  people  ?  In  him  was  vested  the  rule  and  safeguard  of  the  people,  at  a 
juncture  when  a  wise  head  and  a  pure  heart,  above  all,  were  needed;  he  had 
labored  indefatigably  in  their  behalf,  was  even  then  toiling  to  bring  about 
an  honorable  peace,  honorable  to  friend  and  foe  alike,  and  then  to  be  cut  off 
in  the  very  zenith  of  his  power ;  is  it  any  wonder,  we  say,  that  the  Nation, 
from  the  Atlantic  to  the  Pacific,  wept  as  one  household  for  him  who  had  led 
them  through  the  uncertain  quicksands  of  Statecraft?  In  San  Jose  the 
intelligence  of  the  deed  was  received  with  every  public  demonstration  of  grief. 
A  funeral  procession  was  held,  orations  made,  and  the  following  beautiful  dirge 
from  the  pen  of  Miss  Annie  A.  Fitzgerald  was  read : — 

Has  he  fallen,  our  Country's  Ruler  ?  Shame,  shame  on  the  soul  and  manhood 

Has  he  fallen,  our  Country's  Chief  ?  Of  even  his  veriest  foe, 

'Mid  the  gloom  of  a  Nation's  mourning.  That  grudges  his  deadliest  scorning 

And  the  wail  of  a  Nation's  grief.  To  the  dastard  that  dealt  the  blow. 

Has  he  fallen,  our  Country's  Ruler  ?  Aye,  the  wrath  of  a  widowed  Nation 

0  hearts  that  have  bled  and  must  bleed.  Be  poured  on  the  guilty  head; — 

Has  he  fallen  in  the  hour  of  his  triumph.  But  shame  not  the  name  of  the  millions 

And  the  hour  of  our  sorest  need  ?  With  the  blot  of  a  crime  so  dread. 

Has  he  fallen,  whose  hand  hath  guided  With  the  blot  of  so  dark  a  murder, 

Our  ship  through  the  raging  waves,  With  the  curse  of  the  hearts  that  'oleed. 

Till  the  roar  of  the  battle's  tempest  Nay,  even  the  cheak  of  treason 

Died  low  o'er  its  mound  of  graves;  Must  blush  at  so  foul  a  deed. 

Till  the  clouds  from  our  skys  seemed  sweeping.  Droop  lower.  0  sacred  binner! 

And  the  seething  billows  to  cease.  Droop  lowei-,  thy  folds  to-day; — 

And  the  light  of  a  happier  future  For  the  crimsoning  blood  of  our  Chieftain 

Dawned  bright  on  the  shores  of  peace  ?  Hath  hidden  thy  stars  away. 

Has  he  fallen,  our  Country's  Chieftain  ?—  Dronp  lower,  0  mourning  banner, 

Aye,  Patriot  souls,  to-day.  Droop  low  o'er  our  Country's  breast;— 

The  heart  in  his  generous  bosom  O'er  the  North  in  its  widowed  glory. 

Lies  cold  as  the  pulseless  clay.  And  the  orphaned  East  and  West. 

Oh!  the  ban  of  a  Nation's  hatred,  Droop  low  o'er  the  wrongs  and  sorrows. 

And  the  blight  of  a  Nation's  woe.  And  the  hopes  that  are  passing  away;— 

And  the  curse  of  a  Nation's  vengeance  Toll  drearily,  bells,  your  sad  dirges. 

On  the  hand  that  has  laid  him  low.  Toll  drearily,  bells,  to-day. 

On  the  hand  with  its  fiend-like  malice.  Pour  out  the  deep  voice  of  your  tidings. 
On  the  heart  that  the  crime  hath  nursed,  0  sonorous  cannon's  deep  mouth! 

On  the  life  of  the  base  assassin,  Weep,  weep  o'er  our  loss  and  thy  future, 
Let  the  lowering  tempest  burst.  Thy  bitterest  tears,  0  South. 


SAN   JOSI^:   TOWNSHIP.  439 

For  never  a  kindlier  fooinan,  Weep,  North,  in  thy  widowed  glory, 

And  never  a  truer  chief,  For  the  heart  that  hath  loved  thee  best, 

Hath  passed  from  a  Nation's  anguish  And  wail  o'er  your  martyred  father, 

'Mid  the  \\ails  of  a  Nation's  grief.  O,  orphaned  Ea.st  ami   We.st. 

Wail,  wail  for  the  clouds  that  gather 

So  dark  o'er  our  stormy  way; — 
He  has  fallen,  our  Country '.s  Ruler, 

He  has  fallen,  our  Country's  Stay. 

In  the  month  of  June,  1865,  a  proposition  was  mooted  to  construct  a  horse- 
railroad  from  San  Jos^  to  Alviso,  so  as  to  avoid  the  exorbitant  rates  charcjed 
by  the  San  Francisco  and  San  Jos^  Railroad  Company.  Such  a  track,  it  was 
thought,  might  prove  a  wholeso'me  corrective  of  the  evils  complained  of.  On 
June  17th,  the  special  election  held  for  the  purpose  of  having  the  voice  of  the 
people  in  regard  to  the  payment  of  a  half  share  of  the  expenses  in  building 
the  Coyote  bridge,  and  providing  the  Department  with  a  new  lire-engine, 
was  carried  by  a  majority.  The  vote  stood — Ayes,  one  hundred  and  forty- 
eight;  Noes,  forty-four.  On  September  11th,  the  right-of-way  was  granted 
to  the  Western  (now  the  Cential)  Pacific  Railroad  Company,  to  run  a  track 
through  certain  streets;  and  November  6th,  precautionary  measures  in  regard 
to  cholera  were  ordered  by  the  Common  Council. 

The  magnificent  grounds  of  General  Naglee,  situated  on  the  south  side  of 
Santa  Clai'a  sti*eet,  were  commenced  to  be  beautified  in  this  year.  They  are 
devoted  to  a  private  park,  residence,  brandy  distillery,  vineyard,  etc.,  and 
embrace  an  area  of  about  one  hundred  and  forty  acres.  Of  this  demesne 
Mr.  Hall,  writing  more  than  a  decade  since,  says:  "The  orchard  and 
vineyard  were  set  out  in  1858,  but  the  greater  part  of  the  labor 
and  improvements  have  been  bestowed  upon  the  grounds  since  the 
General  returned  from  the  war.  The  premises  are  tastefully  divided 
into  fields,  parks,  and  beds,  where  vegetation  is  seen  springing  forth 
in  every  form.  A  pleasant  drive  winds  for  a  mile  and  a  half  through 
a  vineyard  of  an  infinite  variety  of  grapes  and  gracefully-hanging  trees. 
Here  and  there  sparkling  fountains  feed  this  little  vegetable  world,  and  give 
it  life  and  continued  freshness.  The  capacity  for  irrigition  is  large.  There 
are  seven  artesian  wells,  which  can  discharge  one  hundred  thousand  gallons 
daily.  Their  full  volume  is  not  permitteil  to  run,  unless  so  much  be  needed. 
One  of  these  wells  feeds  an  artificial  pond,  and  waters  all  the  vegetables.  It 
furni.shes  probably  two  hundred  and  fifty  gallons  per  day. 

"  The  exquisite  flower  beds  are  adoi*ned  with  a  myriad  of  blossoms  of  every 
light  and  shade;  and  you  almost  fancy  that,  at  twilight  hour,  the  goddesses 
come  stealing  in,  to  deck  themselves  for  the  festal  eve.  Here  is  the  palm,  the 
fig,  the  olive,  the  almond,  and  the  magnolia  in  all  its  splendor;  the  heliotrope, 
fuschia,  geranium,  oleander,  jessamine,  clematis,  ivy,  and  tiie  centur\'  plant. 
Here,  too,  flourishes  the  palm  from  Panama;  the  origanum  from  Patagonia; 
the  cedar  from  the  Himalaya  Mountains  and  from  Lebanon:  charming  vari- 


440  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

eties  of  cypress  from  China  and  Japan,  and  many  from  the  Pacific  coast. 
Here  ^rows,  too,  in  all  its  grandeur,  the  beautiful  eucalyptus;  and  here  the 
arching  willows  shade  the  sparkling  fountains.  Here  fair  ladies  may  gaze 
with  delight  at  the  beautiful  Japanese  ar])ors,  and  hedges  entwined  with  the 
fragrant  honey-suckle,  the  jessamine,  the  clematis,  and  ivy.  Mexico,  too,  has 
furnished  her  pepper  trees,  with  their  graceful  narrow-leaved  boughs,  to  aid  in 
the  adornment  of  these  lovely  grounds. 

"  I  observed  a  eucalyptus,  planted  in  18G5,  which  measures  fifteen  inches  in 
diameter.  It  is  a  wonderful  growth,  and  shows  how  well  this  climate  is 
adapted  to  its  culture.  Seventeen  varieties  oF  the  acacia,  and  fifteen  of  the 
eucalyptus  grace  this  forest,  besides  many  varieties  of  the  pine,  the  Cyprus, 
the  arbor-vit;e,  the  juniper,  the  palm,  and  tlie  fir;  also  the  yew,  the  laurel, 
the  native  nutmeg,  the  b'iy,  the  madrona,  the  manzanita,  the  tamarack,  the 
Washingtonia  and  the-* New  Zealand  flax,  have  their  share  in  forminof  this 
aborical  host.  Nor  has  the  Monterey  cypress,  so  grand  in  form,  been  left  out 
of  the  ranks.  A  magnolia,  planted  in  18G6,  is  now  fifteen  feet  high,  and  has 
been  blooming  all  Summer.  A  weeping  willow,  planted  in  1858,  now 
measures  twenty-nine  inches  in  diameter.  The  avenue,  one  thousand  feet 
long,  planted  two  and  one-half  years  ago,  is,  on  an  average,  thirty  feet  high, 
and  the  trees  six  or  eight  inches  in  diameter.  The  rapidity  of  the  growth  of 
these  trees  is  truly  wonderful. 

"  The  deciduous  trees,  which  are  so  very  highly  appreciated  in  the  Eastern 
States,  are  continually  falling  by  the  ax  of  the  horticulturalist,  to  make  room 
for  rare  varieties  of  evergreens.  This  lordly  estate  is  dotted  here  and  there 
with  artistic  works  of  statuary ;  standing,  seemingly,  to  guard  the  enchant- 
ing scene  from  the  touch  of  the  spoiler. 

"  How  lovely  it  is  to  leave  the  city's  hum,  to  wander  in  these  green  fields, 
amid  the  groves  and  pastures,  near  the  hour  of  eventide ;  see  playful  children 
build  their  miniature  gardens,  hear  the  watch-dog's  voice,  the  rippling  fount- 
ains, and  the  merry  birds  warbling  farewell  to  parting  day.  As  one  views 
all  this,  when  the  setting  sun  gilds  the  western  sky  with  rose  and  purple 
tints,  and  floods  all  nature  with  soft  and  mellow  light,  it  seems  the  work  of 
enchantment. 

"  The  premises  so  far  described  are  dedicated  to  the  pleasures  of  man — not 
profit;  and  yet  they  are  a  wealth  to  him  in  cultivating  the  finer  feelings  of 
his  nature,  in  increasing  his  love  for  the  beautiful  works  of  the  Creator,  and 
making  him  what  that  Creator  intended,  a  refined,  intelligent  man,  above 
the  sordid  mind  which  seeks  for  naught  but  filthy  lucre. 

"  The  pecuniary  profits  of  this  estate  will  be  derived  from  the  culture  of  the 
grape,  and  the  manufacture  of  wines  and  brandies.  Among  the  one  hun- 
dred and  fifty  varieties  of  grapes,  here  are  the  Peneau,  the  Riesling,  from 
which   Johannis   wine   is   made,   and  La  Folle  Blanch,  the  only  grape  from 


SAN   JOSl^;    TOWNSHIP.  441 

which  cognac  brandy  is  proclucecl;  all  of  which  have  been  cultivated  with 
creat  success,  an<l  the  manufacture  of  wines  and  brandies  therefrom  has  been 
equally  successful.  The  development  of  the  extraordinary  flavor  and  deli- 
cacy of  the  wines  and  brandies  produced  here,  is  truely  wonderful. 

"The  wine-house,  with  a  capacity  of  one  hundred  thousand  gallons,  for  com- 
pleteness and  condensation,  with  all  the  improvements  of  the  present  times, 
is  unsurpassed  in  this  or  any  other  country. 

"The  first-class  brandies  manufactured  by  Genei'al  Naglee  are  scarcely 
equalled,  certainly  not  excelled,  by  any  other  in  the  world.  The  reason  is 
apparent.  The  quality  of  the  grape  produced  here  is  equal  to  any  on  the 
globe.  These  grapes  are  not  pressed,  so  that  the  wine  made  therefrom  con- 
tains none  of  the  juice  of  the  skins  and  .seeds,  nor  of  the  stems  (tho.se  por- 
tions which  produce  fusil  oil  and  tannin),  hence  the  freedom  of  the  wine 
from  these  deleterious  substances.  In  Europe  this  mode  is  not  adopted,  from 
the  fact  that  wine  and  brandy  manufacturers  cannot  afford  it.  They  press 
the  grape  on  the  score  of  economy,  that  none  of  the  juice  may  be  wasted. 
The  brandies  and  wines,  therefore,  cannot  be  free  from  the  impurities  already 
mentioned.  The  brandies  of  General  Naglee  only  lack  age.  The  oldest 
which  he  now  possesses  is  nearly  of  the  age  of  two  years.  All  of  his  older 
wines  and  brandies  were  destroyed,  together  with  the  distillery,  by  fire, 
February  24,  18G9.  It  was  the  work  of  an  incendiary.  His  loss  thereby 
was  not  less  than  sixty  thousand  dollars,  having  no  insurance.  Notwith- 
standing his  loss,  he  has  rebuilt  the  premises,  making  them  fire-proof,  and 
superior  to  the  former  ones.  He  has  one  wine  tank,  of  the  capacity  of  six- 
teen thousand  gallons." 

In  the  month  of  July,  of  this  year,  1865,  the  fifty-vara  lot  on  the  north- 
west corner  of  First  and  Santa  Clara  streets  was  purchased  by  Dr.  Knox,  at 
a  cost  of  twenty-one  thousand  dollars,  and  soon  after  he  erected  that  magnifi- 
cent block  which  bears  his  name,  at  a  cost  of  thirty  thousand  more.  The 
Knox  Block  is  one  of  the  most  chaste  and  beautiful  specimens  of  architec- 
ture in  San  Jos^. 

At  this  period,  San  Josd  was,  we  are  assured,  in  a  moral  and  orderly 
point  of  view,  notwithstanding  the  high  party  feeling  that  existed,  incom- 
parably in  advance  of  any  city  or  town  in  the  State,  and  without  a  parallel 
on  the  Pacific  coast.  There  was  less  gambling,  drunkenness,  and  debauchery 
than  in  any  other  place  in  California.  In  regard  to  the  facilities  for  educa- 
tion, from  a  primary  to  a  thorough  collegiate  course,  it  wa.s,  and  still  is,  with- 
out a  peer  on  the  Pacific  slope  of  the  continent,  while  its  climate  is  an 
attraction  which  then  was,  now  is,  and  ever  shall  be. 

ISGG. — On  the  seventh  day  of  January  of  this  year,  there  died  at  the  Warm 
Springs,  Alameda  county.  Major  Samuel  J.  Hensley,  after  a  long  and  pain- 
ful illness,  of  many  month.s'  duration.     He  was  one  of  the  early  pioneers,  and 


442  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

was  thoroughly  identified  with  the  history  of  this  city — indeed,  of  the  State 
— and  was  a  gentleman  of  large  wealth,  kind  and  benevolent  disposition,  affa- 
ble manner,  with  many  warm  personal  friends.  As  a  mark  of  respect  to  his 
memoiy,  the  following  resolutions  were  passed  by  the  Mayor  and  Common 
Council  of  the  city  of  San  Jose:— 

"  At  a  special  meeting  held  January  10th,  the  following  resolutions  were 
read  and  permanently  adopted:  That,  Whereas,  Major  Samuel  J.  Hensley, 
long  a  distinguished  resident  of  this  city,  has  departed  this  life;  and,  whereas, 
it  is  fitting  that  upon  this  sad  occasion  some  expression  of  the  feelings  of 
this  community  upon  the  sad  event  should  be  made;  Notv,  therefore,  he  it 
Resolved,  by  the  Mayor  and  Common  Council,  that  in  the  death  of  Major 
Hensley,  the  city  of  San  Jose  has  sustained  the  loss  of  a  citizen  who  was  emi- 
nently distinguished  in  his  life  and  character  of  the  private  gentleman,  the  citi- 
zen, neigh boi',  and  friend.  Be  it  further  Resolved,  That  the  citizens  of  San  Jose 
have  learned,  with  the  deepest  sorrow,  of  his  death  ;  and  that  they  all  real- 
ize and  deeply  feel  that  they  have  sustained  the  greatest  loss  which  can  fall 
to  the  lot  of  the  community — the  loss  of  a  citizen  who  was  good,  and  kind- 
hearted,  tender  of  the  risfhts  and  feelings  of  others — whose  hand  was  ever 
extended  to  assist  and  sustain  the  friendless,  the  widow,  the  orphan;  and 
who  illustrated  in  his  daily  walk  and  character  the  highest  and  most 
admired  attributes  that  adorn  the  character  of  the  Christian  gentleman- 
"Be  it  further  Resolved,  That  the  lamented  deceased,  our  fellow-citizen' 
neighbor,  and  friend,  was,  in  our  mid.st,  distinguished  for  his  genial  and 
kind  heart,  his  blameless  life,  and  generous  friendship,  and  that  we  recog- 
nize in  his  life  and  character  the  illustration  of  the  noblest  characteristics  of 
our  kind — and  that  an  enduring  record  of  his  character  may  be  made,  we 
order  that  these  resolutions  be  spread  upon  our  records,  and  that  the  Hon- 
orable the  District  Court  of  the  Third  Judicial  District  of  the  State  of  Cali- 
ifornia,  now  in  session  in  this  city,  be  requested  to  record  these  resolutions 
upon  its  minutes,  and  take  .such  other  proceedings  as  may,  in  its  judgment, 
be  proper  to  attest  the  deep-felt  sorrow  of  this  community.  Be  it  further 
Resolved,  That  General  H.  M.  Naglee  be,  and  he  is  hereby  requested  to  pre- 
sent the  foregoing  resolutions  to  said  Court,  and  request  that  the  same  be 
entered  upon  its  records.  And  be  it  further  Resolved,  That  the  Mayor  and 
Common  Council  do  attend  the  funeral  of  deceased  in  a  body.  Be  it  fur- 
ther Resolved,  That  our  kindest  sympathies  are  tendered  to  Mrs.  Hensley 
and  her  family  in  this  their  hour  of  deep  afi^iction." 

Scarcely  had  the  official  ink  dried  'ero  the  corporation  were  called  upon  to 
pen  the  following  resolutions  condoling  with  His  Honor  Mayor  Quimby : — 

"  God,  in  His  mysterious  providence,  having  removed  from  our  midst 
Minerva  E.,  wife  of  our  esteemed  Mayor,  who  departed  this  life  on  Saturday, 
the  13th  instant:   Therefore  he  it  Resolved,  That  in  the  death  of  this  excel- 


SAN    JOSl^;   TOWNSHIP.  443 

lent  lady  our  community  has  lost  on5  of  its  best  and  brightest  ornaments, — 
the  husband,  a  kind  and  loving  wife, — the  children,  an  affectionate  mother 
— the  poor  and  afflicted,  one  whoso  hand  was  ever  open  to  their  wants  and 
ready  to  administer  to  their  relief.  Rei<olve<l,  That  we  tender  to  the  bereaved 
husband  and  family  our  heartfelt  sympathy  in  this  afflicting  dispensation." 

On  the  19th  February  William  Isaac  was  granted  the  contract  for  a  sys- 
tem of  sewerage.  On  the  28th  the  Council  passed  an  ordinance  setting  forth 
the  manner  and  mode  of  applying  for  titles  to  city  lots  under  the  pueblo 
grant,  and  on  March  1st  Wm.  J.  Knox  and  T.  EUard  Beans  started  the  first 
banking  establishment  in  San  Jose  in  the  Knox  Block. 

The  following  municipal  officers  were  elected  April  9,  1866  :  Mayor,  J. 
A.  Quimby;  Common  Council,  J.  M.  Cory,  James  A.  Clayton,  Abram  King, 
with  three  others  holding  over ;  Marshal,  A.  B.  Hamilton  ;  Clerk,  John  T. 
Colahan;  Treasurer,  Chapman  Yates;  Superintendent  of  Schools,  W.  C. 
Hart.  The  foregoing  officers  were  chosen  under  the  charter  dated  March 
22,  1866. 

April  19th,  the  Common  Council  passed  an  ordinance  directing  the  selling 
of  certain  portions  of  Market  square  outside  of  the  plot  drawn,  as  part  to 
be  reserved,  the  owners  adjacent  thereto  being  first  entitled  to  the  lands  thus 
to  be  sold  at  one  dollar  and  a  half  per  foot  front.  May  7th  the  following 
resolution  was  passed:  "Whereas,  By  the  payment  of  the  city  debt,  and 
by  recent  enactments  of  the  Legislature  of  the  Sta^te  of  California,  the  fund 
known  as  the  Sinking  Fund  of  the  city  of  San  Jose'  is  no  longer  required : 
Therefore  he  it  Resolved,  That  the  City  Treasurer  transfer  all  the  moneys  in 
his  hands  belonging  to  the  Sinking  Fund  to  the  Pueblo  Land  Fund."  This 
was  followed  on  the  6th  Augu'it  by  the  accompanying  proceedings  :  A  com- 
munication was  read  from  the  City  Treasurer  in  relation  to  the  redemption 
of  the  last  vestige  of  the  city  indebtedness,  which  was  referred  to  the  Com- 
mittee on  Finance;  whereupon  the  committee  reported  the  following  resolu- 
tion which  was  on  motion,  adopted  :  "  Whereas,  The  whole  outstanding 
indebtedness  of  the  city  having  been  full}^  paid  and  properly  cancelled, 
thereby  rendering  it  unnecessary  to  keep  open  the  following  different  accounts 
by  the  City  Treasurer  and  City  Clerk,  viz.:  Sinking  Fund,  Interest  Fund,  Scrip 
Sinking  Fund,  and  the  Scrip  Interest  Fund,  it  is  therefore  hereby  ordered  that 
the  City  Treasurer  transfer  the  money  remaining  in  said  res|)ective  funds  to 
the  General  Fund."  June  4th  the  following  resolutions  were  adopted  by  the 
Common  Council :  "  Whereas,  The  Supreme  Court  of  the  United  States, 
having  confirmed  to  the  city  of  San  Jose  certain  pueblo  lands ;  Therefore 
he  it  Resolved,  That  Mayor  Quimby  and  Councilman  Clayton  be  and  are 
hereby  appointed  a  committee  to  communicate  with  the  Surveyor-General 
and  take  such  other  and  further  steps  as  will  insure  an  immediate  survey  of 
said  lands."     In  continuing  this  measure  it  was  resolved  on  the  7th  June,  "that 


444  HISTORY    OF   SANTA   CLARA   COUNTY,    CALIB'ORNIA. 

the  Mayor  is  hereby  authorized  and  directed  to  draw  from  the  Pueblo  Land 
Fund  the  sum  of  one  thousand  five  hundred  dollars  for  the  purpose  of 
defraying  necessary  expenses  to  be  incurred  in  surveying  and  perfecting  the 
title  to  the  pueblo  lands."  And  on  December  Gth,  this  minute  appears  on  the 
Records:  In  the  matter  of  securing  the  services  of  C.  Conway  to  procure 
the  patent  for  the  pueblo  lands,  the  following  resolution  was  read,  and  on 
motion  adopted :  "Resolved,  In  the  event  there  is  no  protest  against  the  pueblo 
survey,  filed  on  or  before  December  12,  18G6,  or  the  time  required  by  law 
for  filing  protests,  that  the  Mayor  be  instructed  to  accept  the  proposition  of  Mr. 
Conway  to  attend  to  procuring  a  patent  from  the  Government  to  the  pres- 
ent survey  of  pueblo  lands  for  the  sum  of  eight  hundred  dollars — ^one-half  to 
be  paid  in  hand,  and  the  remaining  one-half  to  be  paid  when  the  patent  is 
received  by  the  city  authorities,  provided  it  is  received  on  or  before  March  1, 
1867." 

On  September  3,  18G6,  the  subject  of  making  the  Chief  Engineer  of  the 
Fire  Department  a  salaried  officer  was  brought  up,  as  the  annexed  extract 
from  the  Records  of  the  Common  Council  will  show:  "  In  the  matter  of 
the  petition  to  make  the  office  of  Chief  Engineer  a  salaried  offise,  the  Com- 
mittee on  Fire  and  Water  reported:  That,  under  the  provisions  and  restric- 
tions of  the  City  Charter,  the  Common  Council  have  no  authority  to  attach 
a  salary  to  that  office;  although  it  seeems  that  justice  would  demand  that 
an  officer  performing  the  arduous  duties  of  Chief  Engineer  of  our  Fire 
Department  should  receive  a  compensation  for  his  services,  but  your  Com- 
mittee believe  a  remedy  is  only  with  the  Legislature,  by  amending  the 
charter  in  that  particular:" — whereupon,  on  motion,  the  report  was  adopted; 
while,  on  the  13th  it  was  resolved  that  the  Committee  on  Public  Buildings  and 
Land  proceed  at  once  to  cause  a  survey  of  such  parts  of  the  lands  on  an  d  in 
the  vicinity  of  the  Penetencia  creek,  as  they  may  deem  sufficient  and  neces- 
sary, for  the  purpose  of  being  set  apart,  for  all  time  to  come,  as  a  public  park 

Sunday,  September  23,  1866,  the  church  of  the  Methodist  Episcopal 
Body,  at  the  south-west  corner  of  Second  and  Santa  Clara  streets,  was  dedi- 
cated by  Bishop  Kingsley.  The  cost  was  nearly  fifteen  thousand  dollars; 
unhappily  it  was  destroyed  by  fire,  after  it  had  been  moved  on  to  Second 
street.  In  this  year,  too,  a  new  industry  had  commenced  to  be  grafted  on 
the  now  populous  and  flourishing  city.  L.  Pi-evost  had  raised  one  hundred 
thousand  silk-worms,  while,  through  encouragement  received  from  various 
sources,  Neuman  &  Myers  had  been  induced  to  locate  their  silk  manufac- 
tory in  San  Jose.  The  site  fixed  upon  was  near  the  residence  of  Mr.  Prevost; 
at  this  period  we  find  that  an  attempt  was  being  made  to  secure  the  estab- 
lishment of  the  State  Agricultural  College  and  School  of  Art  in  this  city. 
In  the  Mercury,  of  October  18th,  we  note:  "  Last  week  a  company  of  Span- 
iards brought  an  immense  live  grizzly,  weighing  some  six  or  eight  hun- 
dred  pounds,  to   this  city,  and   confined  it  at  the  race -track.     They  then 


SAN   JOS^   TOWNSHIP.  445 

advertised  a  gran  dcsafio  between  the  grizzl}'  and  a  wild  bull,  to  come  oti' 
on  Saturday.  But  not  having  their  pen  ready  in  time  the  encounter  was 
postponed  until  the  present  week.  On  Monday  the  animal  broke  loose  from 
its  confinement  and  seized  one  of  the  company,  a  Spaniard  named  Echabarria, 
who  was  standing  near,  and  mangled  him  in  a  shocking  manner.  The  man 
was  taken  up  for  dead,  but  afterwards  revived.  After  biting  and  shaking 
the  man  as  a  terrier  would  a  rat,  the  grizzly  broke  and  tied,  scattering  all 
obstacles  to  the  right  and  left.  It  was  followed  by  several  Mexican.?, 
mounted,  and  with  lassoes,  and,  after  a  fearful  struggle,  the  brute  was  cap- 
tured. 

On  November  'id,  J.  J.  Wing,  an  old  resident  residing  about  four  miles 
from  San  Josd,  was  knocked  down  and  robbed  of  twelve  hundred  dollars, 
near  the  Coyote  bridge,  the  robber  succeeding  in  making  off  with  the  booty; 
and  on  the  2Gth  the  San  Jos^  Water  Company  was  organized  by  D- 
McKenzie  and  John  Bonner  of  San  Jose,  and  A.  Chabot  of  Oakland,  with 
a  capital  stock  of  one  hundred  thousand  dollai\s.  Exclusive  privileges  were 
obtained  for  supplying  the  city  of  San  Jo.s^  and  the  town  of  Santa  Clara 
for  a  term  of  twenty-five  years,  while  tanks  and  engines  were  at  once  con- 
structed, and  pipes  laid  through  the  principal  streets.  The  further  history 
of  these  operations  will  be  found  at  the  end  of  this  chapter. 

During  the  year  18G6,  Haskell  and  Porter  had  built  a  fire-proof  building 
on  the  west  side  of  First  street,  near  San  Fernando ;  while  not  far  fi-om  it 
other  structures  were  put  up  by  Strauss  and  Brown,  Messing,  S.  A.  Clark 
and  J.  Stock;  indeed,  the  improvements  then  effected  were  considerable  and 
lasting. 

1867. — On  January  21, 1867,  as  the  City  Records  show,  the  following  resolu- 
tion in  relation  to  Pueblo  Lands  was  passed:  "Whereas,  the  lands  confirmed 
to  the  city  of  San  Jose  by  the  Supreme  Court  of  the  United  States  has  been 
finally  approved  by  the  Surveyor-General  of  California;  Therefore  he  it 
Resolved,  That  all  persons  in  the  possession  of  such  lands,  outside  of  the  city 
limits,  are  hereby  required  to  make  application  for  the  same  in  accordance 
with  the  rules  and  ordinances  of  the  Common  Council  of  the  city  of  San  Jose' 
within  ninety  days  from  the  first  day  of  February,  1867 ;  and  all  lands  remain- 
ing not  applied  for  in  accordance  with  the  intent  of  this  resolution,  shall  be 
disposed  of  by  the  Common  Council  without  reference  to  pi'ior  po.ssession ;"  and 
on  March  21st,  the  Common  Council  having  heard  argument  by  counsel  in 
the  matter  of  the  application  of  Charles  M.  Weber,  for  the  purchase  of  city 
lands,  on  the  25th,  presented  the  following  opinion  and  judgment: — 

"  Whereas,  in  the  hearing  of  the  appUeation  of  Charles  M.  Weber  for 
seven  thousand  four  hundred  and  fifty-three  acres  of  land  in  the  valley  of 
San  Felipe  and  in  the  vicinity  thereof,  the  title  to  said  land  being  vested 
in  the  city  of  San  Jose,  the  testimony,  in  the  opinion  of  this  Council,  proves 
that  the  said  C.  M.  Weber,  although  having  at  difierent  times  since  the  year 


446  HISTORY    OF   SANTA    CLARA    COUNTY,    CALIFORNIA. 

1844  until  1865  the  use  and  benefit  of  said  land  or  portions  thereof  for  the 
purposes  of  stock-raising,  yet  failed  to  make  any  improvements  of  a  perma- 
nent character,  or  more  than  stock-herders  are  accustomed  to  erect  for  their 
own  temporary  convenience;  and  the  testimony  further  shows  that  the  only 
house  of  a  permanent  character  used  by  the  said  Weber  or  his  agents  on  the 
aforesaid  lands  was  erected  in  the  year  1850  by  one  George  Osborne  for  his 
own  use  and  benefit,  who,  after  a  possession  of  about  two  years,  vacated  the 
premises  on  the  supposition  that  the  Rancho  de  San  Felipe  y  Las  Animas, 
owned  by  the  applicant  in  the  present  ease,  would  embrace  them  within  its 
boundaries;  the  testimony  also  shows  that  the  said  Charles  M.  Weber  has  at 
different  times  left  the  said  lands,  entirely  unoccupied  by  himself  or  agents; 
also,  that  in  or  about  the  year  1858,  he  located  some  twelve  hundred  acres  of 
School  Land  Warrants  on  different  portions  of  this  tract  of  land;  but  there 
is  no  evidence  to  prove  that  such  lands  so  located  were  improved  or  occupied 
in  a  more  permanent  manner  than  the  remaining  portions;  and,  whereas,  to 
the  aforesaid  application  of  CM.  Weber  there  are  about  thirty  contestants, 
a  majority  of  whom  by  the  testimony  in  the  case,  have  settled  in  good  faith 
upon  different  portions  of  the  lands  applied  for,  and  have  remained  to  this 
day  in  peaceable  possession  and  occupancy  of  such  lands,  and  have  built 
many  improvements,  cultivated  the  soil,  planted  vines  and  fruit  trees,  graded 
roads  through  the  mountains  to  make  their  property  more  accessible,  and  in 
various  ways  have  shown  an  intention  of  making  permanent  homes,  and  do 
now  live  upon  and  occupy  their  diff*erent  places  as  homesteads;  and,  whereas, 
in  all  former  cases  of  contested  lands  before  this  Council,  the  fact  of  cattle, 
horses  or  stock  of  any  kind  ranging  over  any  lands,  and  the  temporary 
improvements  necessary  to  care  for  them,  or  the  fact  of  locating  pre-emption 
claims  or  School  Land  Warrants,  has  not  been  deemed  sufficient  to  establish 
priority  of  possession  as  against  prior  actual  occupancy  and  possession  ;  but, 
in  every  case  hitherto,  prior  settlement  and  continuous  personal  occupancy 
has  been  considered  essential  to  entitle  any  one  to  the  privileges  accorded  by 
the  ordinances  of  this  city  to  purchasers  of  its  lands;  Now,  therefore,  he  it 
Resolved,  First,  That  the  application  of  C.  M.  Weber  for  the  aforesaid  tract 
of  land,  or  any  part  thereof,  is  hereby  denied ;  second.  That  those  of  the  con- 
testants to  the  aforesaid  application  who  are  actual  settlers  upon  portions  of 
said  lands,  are  hereby  granted  the  privileges  in  justice  and  equity  to  be  pur- 
chasers from  this  city  of  their  different  tracts  of  land  in  such  quantities  and 
at  such  prices  as  may  hereafter  be  determined."  A  resolution  was  presented 
to  give  one  hundred  and  sixty  acres  to  Weber,  which  was  lost,  and  the 
original  resolution  approved. 

On  the  8th  April,  at  the  charter  election,  the  following  officers  were 
chosen:  Mayor,  J.  A.  Quimby;  Common  Council,  D.  J.  Porter,  J.  A.  Leigh- 
ton,  Dr.  China  Smith,  with  three  others  holding  over;  Marshal,  A.  B,  Ham- 


SAN    J0S6   TOWNSHIP.  447 

ilton;    Clerk,  John  T.  Colahan;  Treasurer,  Chapman  Yates;    Superintend- 
ent of  Schools,  W.  C.  Hart. 

On  the  IGth  April  the  ladies  of  the  city  established  "  The  Ladies'  Benevo- 
lent Society  of  San  Jose,"  with  the  following  officers:  President,  Mrs.  J.  C. 
Cobb;  Vice-President,  Mrs.  A.  E.  Pomeroy;  Secretary,  Mrs.  N.  Hayes; 
Treasurer,  Mrs.  J.  C.  Spaw;  Board  of  Managers,  Mesdames,  W.  N.  Slocum, 
George  Evans,  F.  E.  Adams,  E.  J.  Wilcox;  Visiting  Committee,  Mesdames, 
R.  B.  Hall.  D.  L.  Shead,  T.  E.  Beans,  E.  Albon,  A.  L.  Rhodes,  J.  Belden, 
China  Smith,  D.  T.  Adams,  McCabe,  Joseph  Ingham,  Wesley  Tonner,  J.  C. 
Smith,  Collins,  J.  R.  Whitney;  Auxiliary  Comnutteo  of  (lentlemen,  J.  A. 
(^uimby,  J.  J.  Owen,  D.  S.  Payne,  E.  J.  Wilcox,  Richard  Savage,  A.  B. 
Hamilton.  The  objects  of  the  society  are  entirely  what  its  name  suggests. 
In  the  month  of  May  we  find  that  Jamies  R.  Lowe,  Jr.,  late  City  Clerk  had 
been  appointed  United  States  Consul  at  Tehuantcpec,  a  position  he  was 
considered  to  have  the  necessary  qualifications  for.  In  this  month  the  San 
Jos^  Water  Company  declared  themselves  ready  to  supply  the  business 
portion  of  the  city  with  w'ater;  while,  at  that  time  the  shipment  of  straw- 
berries from  San  Joso  to  San  Francisco  was  aljout  four  thousand  pounds 
per  day.  On  the  18th  July,  J.  W.  Cary  was  appointed  by  the  Council  to 
paint  and  affix  the  names  of  the  streets  to  the  corners  of  blocks.  Rob- 
beries were,  still  rife  in  this  year  for  Dr.  Ben  Cor}'  was  relieved  of  his 
watch  and  money  by  two  highwaymen  on  the  evening  of  July  2od.  The 
men  were  afterwards  captured  and  imprisoned,  one  subsequently  escaping 
from  custody.  In  this  month  Abijah  McCall,  the  late  County  Treasurer, 
an  absconding  defaulter  to  a  large  amount,  was  tried  and  found  guilty, 
July  23,  18G7.  On  November  2d,  a  public  meeting  was  held  at  the  City 
Hall  for  the  purpose  of  taking  into  consideration  and  adopting  measures  for 
freeing  the  Guadalupe  river  of  timber  obstructions,  and  for  protecting  the 
banks  of  the  Coyote  river  from  the  wearing  of  the  waters. 

Early  in  1867  a  block  of  six  fifty-vara  lots,  on  the  north  side  of  Santa 
Clara  street,  between  Sixth  and  Seventh  streets  was  purchased  by  the  City 
Council  ioY  throe  thousand  two  hundred  and  fifty  dollars.  On  these  prem- 
ises was  constructed  in  that  year  the  splemlid  edifice  which  now  stands  there, 
and  about  to  be  evacuated  by  the  Normal  School.  The  building  is  sixty- 
four  by  seventy-five  feet,  three  stories  high,  and  built  in  the  French  style  of 
architecture,  with  what  is  known  as  the  mansard  roof.  On  the  fii'st  floor 
are  four  school-rooms,  with  entrances  from  Santa  Clara,  Sixth  and  Seventh 
streets.  The  front  rooms  are  each  twenty-eight  by  thirty-two  feet,  and  the 
rear  rooms  each  thirty-two  feet  square.  Upon  the  second  floor  are  situated 
the  High  School  room  thirty-tw^o  by  forty  feet;  two  school-rooms  for  lower 
grades,  each  twenty-eight  by  thirty-two,  and  a  library  or  recitation  room 
twenty-four  by  thirty-two  feet.     Each  of  the  .school-rooms  is  provided  with 


448  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

a  small  side  room  foi'  the  use  of  the  teachers.  Upon  the  third  floor  is  the 
main  assembly  room  for  lectures,  exhibitions,  school  concerts,  etc.  It  is 
fifty-seven  and  a  half  by  .sixty  and  a  half  feet  in  dimensions,  with  high  ceil- 
ing, well-lighted  and  ventilated,  while  there  are  small  ante-rooms  adjoining. 
The  total  cost  was  upwards  of  twenty  thousand  dollars. 

On  the  21st  December  San  Jose  was  visited  by  a  terrific  storm  of  wind 
and  rain,  which  on  the  following  day  blew  with  unabated  fury.  The  waters 
of  the  Los  Gatos  and  Guadalupe  rose  rapidly,  overflowing  their  banks  and 
Hooding  the  low  grounds  in  the  western  part  of  the  city,  wdiile  unfinished 
buildings  were  demolished,  windmills  upset,  shade  trees  blown  down  and 
much  other  damaije  done. 

In  this  year  genial  Martin  Corcoran,  a  man  who  has  served  his  country 
and  her  people  well,  about  July  6th  opened  the  New  Yoik  Exchange  on  the 
west  side  of  First  street  near  St.  John  street  ;  while,  in  addition,  much  street 
work  had  been  perfected,  and  a  system  of  sewerage  introduced;  the  first  of 
these  included  all  the  streets  lying  between  St.  John  and  William  streets — 
seven  streets  north  and  south,  and  from  First  to  Seventh  streets  inclusive. 
Many  other  streets,  outside  of  these  boundaries,  were  also  improved.  The 
most  important  private  pi'ogress  was  the  commencement  by  Levy  Brothers 
of  a  two-story  fire-proof  block  on  the  south-west  corner  of  First  and  Santa 
Clara  streets.  Simultaneously  with  this  work  John  Balbach  began  the  erec- 
tion of  a  building  adjoining  the  last  named,  on  Santa  Clara  street,  in  a  like 
style  of  architecture;  while  Mr.  Wilcox  constructed  a  brick  building  on  the 
site  of  a  portion  of  the  Morgan  House,  on  First  street;  Mr.  Knoche  built  a 
house  of  brick  on  El  Dorado  street;  Dr.  Knox  built  four  brick  stores,  on  the 
west  side  of  First  near  Santa  Clara  street,  and  Calvin  Martin,  put  up  three 
stores  adjoining  those  last  mentioned.  Indeed  we  are  assured  that  there 
never  had  been  a  time  in  the  history  of  the  city,  when  evidences  of  its  pros- 
perity were  so  abundant.  In  the  central  business  portions,  as  we  have  seen, 
a  number  of  substantial  fire-proof  buildings  had  been  or  were  being  erected, 
and  everywhere  in  the  suburbs  stately  family  residences,  and  numerous  cozy 
cottages  were  springing  up  as  if  by  magic. 

In  the  midst  of  such  remarkable  prosperity  it  is  sad  to  record  the  death  of 
one  who  had  done  so  much  to  build  up  the  city  now  under  notice.  Of  him 
the  Mercury  of  November  14, 18G7,  observes:  Dr.  Knox  was  born  near  Hop- 
kinsville,  Kentucky,  October  20,  1820.  In  infancy,  with  his  parents,  he  emi- 
grated to  Missouri.  He  graduated  at  the  medical  college  of  Louisville,  Ken- 
tucky, and  practiced  medicine  in  Lincoln  county,  Mis.souri,  until  1850,  when 
he  came  to  this  State  across  the  plains,  and  settled  in  Nevada  City.  There 
he  followed  his  profession  for  ten  years,  engaging  at  the  same  time  in  mining, 
and  in  the  construction  of  water  ditches.  In  1854-5  he  represented  Nevada 
county  in  the  State  Legislature.     His  health  becoming  somewhat  impaired, 


OA^J^IycZj^yT^ 


A^7 


■  AT/ONS, 


SAN   J0SI5    TOWNSHIP.  449 

he  abandoned  the  practice  of  l)is  profession  and  visited  the  Atlantic  States, 
returning  after  an  absence  of  eighteen  months.  After  one  year's  further 
residence  in  Nevada  he  located  in  San  Jose,  arriving  here  about  four  years 
ago  (1863).  Dr.  Knox  was  a  gentleman  of  large  means,  and  to  him  San 
Jo.s^  is  indebted  for  some  of  her  finest  improvements.  In  1SG5  he  was 
elected  to  the  Senate  from  Santa  Clara  county  for  the  full  term  of  four  years. 
He  discharged  his  Senatorial  duties  during  the  last  session  of  the  Lefjislature 
with  eminent  ability.  Po.ssessing  a  mind  of  extensive  culture,  richly  stored 
with  general  knowledge,  with  a  keen  perception  of  justice,  and  with  that 
fine  polish  which  makes  the  true  gentleman,  he  was  well  calculated  to  adorn 
any  society.  In  all  the  walks  of  life  he  was  the  soul  of  honor  and  unbend- 
ing principle.     He  died  November  13,  1867. 

186S. — January  2d  of  this  year,  it  was  voted  by  the  city  that  Market 
street  should  be  extended  through  Market  square ;  five  hundred  and  forty,  or 
a  majority  of  twenty-two  being  in  favor  of  the  pi'opo.sition.  On  the  13th 
the  certificate  of  incorporation  of  the  Mechanics'  Pioneer  Silk  Factory  was 
filed,  the  capital  stock  of  the  company  being  one  hundred  thousand  dollars. 
The  trustees  were  A.  Pfister,  Davis  Devine,  Frank  Stock,  James  Hagan,  and 
W.  P.  Dougherty.  And,  on  January  30,  1868,  a  certificate  of  incorporation 
for  a  Savings  Bank  was  filed,  the  incorporators  being  J.  C.  Cobb,  H.  Mayberry, 
W.  Mayberr}',  W.  W.  McCoy,  H.  Hoffman,  James  Hart,  S.  A.Clark,  L.  Archer, 
H.  Shartzir,  B.  Bryaut,  S.  M.  Cutler,  J.  H.  Flickinger,  J.  J.  Bowen.  The 
capital  stock  was  fixed  at  one  hundred  thousand  dollars.  In  the  month  of 
February  Thos.  Warnby  &  Co.  opened  a  match  factory  on  First  street, 
between  San  Salvador  and  William  street.  On  March  1,  18C8,  the  Bank  of 
San  Jose  opened  with  a  capital  stock  of  two  hundred  and  fifty  thousand 
dollars. 

The  result  of  the  charter  election,  held  April  13,  1868,  was  as  follows: 
Mayor,  M.  Leavenworth;  Marshal,  A.  B.  Hamilton;  Treasurer,  Chapman 
Yates ;  Superintendent  of  Schools,  J.  M.  Littlefield  ;  Common  Council,  John 
Balbach,  Charles  Otter,  J.  R.  Hall,  with  three  others  holding  over. 

Among  the  first  duties  ordered  by  the  in-coming  Council  was  the  taking 
of  a  census,  which  was  handed  in  by  the  Census  Mar.shal  early  in  July  of 
this  year.  At  that  time  the  population  of  the  city  of  San  Jose',  within  the 
corporate  limits,  was  six  thousand  one  hundred  and  eleven,  with  two  thou- 
sand one  hundred  and  six  children  under  fifteen  years  of  age. 

On  August  10th  Professor  S.  K.  Hallam  opened  his  academy  in  the  Arm- 
ory Hall,  while  about  the  same  time  George  E.  Houghton  leased  the  San 
Jose  Institute  and  Commercial  Collesfe. 

The  building /a?'o>^  had  not  abated  a  Avhit  in  1868.     The  brick  stable  on 

the  south  side  of  Santa  Clara  street,  now  occupied  by  Tom  C.  Bariy,  was 

built  by  Martin  Murphy.     Pfister  built  a  large  brick  store  on  the  corner  of 
■•29 


450  HISTORY    OF    SANTA   CLARA    COUNTY,    CALIFORNIA. 

Santa  Clara  and  Second  streets;  Charles  Otter  erected  a  brick  house  on  the 
south-west  corner  of  Fh'st  and  St.  John  streets;  Louis  Krumb  erected  his 
brewery  buildings  on  Second  street,  at  a  cost  of  twenty  thousand  dollars; 
Mr.  Stock  erected  a  brick  store  on  El  Dorado  street,  while  other  buildings 
were  rising  up  in  quick  succession. 

In  the  month  of  February,  1868,  a  franchise  was  granted  to  S.  A.  Bishop, 
Charles  Silent,  Daniel  Murphy,  D.  B.  Moody  and  others,  to  construct  a  horse- 
railroad  between  San  Jose  and  Santa  Clara.  Murphy  and  Moody  declined 
to  avail  themselves  of  the  franchise.  3.  A.  Bishop,  John  H.  Moore,  Charles 
Silent,  Hiram  Shartzer,  B.  Bryant,  and  D.  W.  Burnett,  organized  and  were 
elected  Directors,  with  S.  A.  Bishop  as  President.  Tracklaying  was  com- 
menced on  the  first  of  August  and  completed  from  Fii'st  street,  San  Jose',  to 
Main  street,  Santa  Clara,  when  cars  commenced  to  ply,  November  1,  1868, 
three  months  after  th^e  first  ties  and  rails  were  laid.  In  1869,  the  road  was 
extended  to  the  Coyote  creek  bridge,  and  afterwards  across  the  bridge  to 
East  San  Jose. 

On  Wednesday,  October  21,  1868,  this  district  was  visited  by  the  severest 
shock  of  earthquake  of  modern  times.  It  occurred  at  eight  o'clock  in  the 
morning  while  a  thick  fog  hung  over  the  city.  An  eye-witness  describing  its 
effects  remarks:  "Buildings  and  trees  seemed  to  pitch  about  like  ships  in  a 
storm  at  sea.  Fire  walls  and  chimneys  were  thrown  down  in  all  parts  of 
the  city.  The  heavy  brick  cornice  of  Murphy's  building,  at  the  corner  of 
Market  and  El  Dorado  streets,  fell  to  the  ground.  The  Presbyterian  church 
has  sustained  an  immense  damage.  The  brick  turrets  are  all  down ;  and 
large  portions  of  the  steeple  were  precipitated  through  the  roof  to  the  floor, 
crushing  the  organ,  causing  great  damage  to  the  gallery  and  fixtures  below. 
The  walls  of  the  steeple  are  almost  a  total  wreck.  They  will  have  to  be  taken 
clown.  Five  thousand  dollars  would  not  make  good  the  damage  done  to  the 
church.  The  large  water-tank  over  the  roof  of  Moody's  flour-mill  fell 
through  the  roof,  carrying  destruction  in  its  course.  Their  wooden  store- 
house a  hundred  feet  in  length,  filled  with  grain,  is  a  total  wreck,  and  badly 
mixed.  Two  large  chimneys  of  the  San  Jose  Institute  were  thrown  down, 
one  of  them  crushing  through  into  the  rooms  blow.  A  portion  of  the  rear 
wall  of  Welch's  livery  stable  fell.  Otter's  unfinished  block,  at  the  corner  of 
First  and  St.  John  streets,  sustained  very  serious  damage.  There  is  not  a 
brick  building  in  the  city  that  is  not  more  or  less  injured.  Brick  walls  are 
everywhere  wrenched  and  cracked,  and  many  of  them  ready  to  fall. 
Another  such  a  shock  would  precipitate  many  of  our  brick  buildings  to  the 
ground.  The  brick  cornice  of  the  Masonic  Hall  building  will  have  to  be 
taken  down;  and  the  entire  building  in  its  present  condition  is  decidedly 
unsafe  for  further  occupancy.  A  large  quantity  of  crockery  and  glassware 
was  broken.     The  desti-uction  to  plate-glass   windows  is  very  great,  and 


SAN   JOSlfi   TOWNSHIP.  451 

much  havoc  is  done  to  plastering  generally.  The  new  Court  House  stood 
the  shock  admirably.  Some  little  cracking  of  walls  and  crumbling  of  plaster 
decorations  is  all  the  damaire  done  to  the  buildinrr." 

1SG9. — In  the  month  of  January  of"  this  year  the  San  Jos^  railroad  was 
extended  to  the  Fifteen-mile  House,  which  point  it  reached  on  the  11th;  the 
lot  of  land  belonging  to  the  Methodist  Episcopal  church  at  the  corner  of  Santa 
Clara  and  Second  streets,  was  sold  for  the  sura  of  sixteen  thousand  dollars, 
the  church  building  being  moved  to  the  west  side  of  Second  street,  between 
Santa  Clara  and  St.  John  streets,  where  it  was  burned — the  act  of  an  incen- 
diarj^  it  is  thought — on  the  morning  of  February  22, 1869.  The  destruction 
of  the  building  was  complete,  together  with  all  of  its  furniture,  the  Io.ss  being 
about  eighteen  thousand  dollars,  upon  which  there  was  an  insurance  of  ten 
thousand  dollars.  On  the  day  after,  General  Naglee's  distillery  was  destroyed, 
as  we  have  mentioned  elsewhere.  In  the  month  of  January,  a  lot  on  the  east 
side  of  Second  street,  having  twenty  feet  front  and  fifty  varas  in  depth,  was 
purchased  by  the  city  for  an  engine  house,  at  a  cost  of  sixteen  hundred  dol- 
lars; and  on  the  81st  of  January  a  Sunday-school  for  Chinese  was  opened 
with  sixty-two  pupils. 

San  Jose  w^as  visited  by  a  severe  flood  on  the  night  of  Tuesday,  February 
8th,  when  the  Los  Gatos  and  Guadalupe  rivers  overflowed  their  banks,  flood- 
ing the  lands  adjacent  thereto.  The  high  grade  of  the  horse-railroad  track 
dammed  the  water  back  south  of  Santa  Clara  street,  inundating  the  houses 
and  yards,  and  causing  considerable  damage.  The  water  broke  over  the 
track,  flooding  the  low  grounds  between  the  Convent  and  Guadalupe  river, 
in  some  places  to  the  depth  of  four  feet.  About  a  hundred  feet  of  the 
railroad  track  was  swept  away,  w-hile  the  rain  fell  in  such  torrents  that 
the  cit}'^  ditch  was  inadequate  to  carry  away  the  water,  and  the  main  por- 
tion of  the  city,  between  Third  and  Seventh  streets,  was  under  water  to  the 
depth  of  several  inches.  No  such  flood  had  been  known  since  the  settlement 
of  the  place  by  Americans. 

March  Uth,  there  was  filed  in  the  oflice  of  the  Secretary  of  State,  the  certifi- 
cate of  incorporation  of  the  San  Josd  Wool  Manufacturing  Compan3^  with  a 
capital  stock  of  one  hundred  thousand  dollars,  the  trustees  being.  T.  E. 
Beans,  J.  H.  Flickenger,  Daniel  Murphy,  S.  O.  Houghton,  and  R.  F.  Peckham; 
and  on  the  13th,  the  railroad  reached  Gilroy.  In  the  month  of  April  a  drive 
was  made,  at  a  cost  of  four  hundred  and  thirty-five  dollars,  around  Washing- 
ton square,  which  added  greatly  to  its  beauty ;  while,  at  the  charter  election 
held  April  12,  1869,  the  following  corporate  officers  were  chosen:  Mayor, 
M.  Leavenworth;  Common  Council,  D.  T.  Adams,  D.  C.  Bailey,  D.  J.  Porter, 
D.  C.  Vestal,  J.  Balbach,  Charles  Otter;  Treasurer,  H.  O.  Weller;  Clerk,  John 
T.  Colahan;  Marshal,  Wm.  Sexton.  In  the  following  month,  the  4th,  the 
banking  firm  of  McLaughlin  \:  Ryland  commenced  business  on  Santa  Clara 


452  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

street,  between  First  and  Second  streets ;  and  the  House-carpenter's  Eight- 
hour  League  was  organized  with  the  following  officers:  A.  C.  Stowe,  Pres- 
ident; A.  B.  Hamilton,  Vice-President;  S.  W.  de  Lacy,  Secretary;  D.  L.  Shead, 
Treasurer;  E.  A.  Van  Dalson,  Sergeant-at-Arms.,  The  San  Jose  Home- 
stead Association,  for  the  sale  of  lands  in  Polhemus'  Addition,  was  established 
about  this  time,  as  was  also  the  East  San  Jos^  Homestead  Association. 

It  may  be  remembered  that  in  the  month  of  February  of  the  year  now 
under  notice,  the  Methodist  Episcopal  church  was  destroyed  by  fire;  on  July 
18th  a  new  frame  building  which  cost  twenty-one  thousand  six  hundred  and 
sixty-five  dollars,  and  three  cents,  was  dedicated  by  Bishop  Kingsley.  It  is 
that  beautiful  edifice  which  now  stands  on  Second  street.  On  August  16, 
1809,  there  died  in  San  Jos^,  Louis  Prevost,  described  as  one  of  the  best 
hearted  of  men,  as  innocent  as  a  child,  yet  one  of  the  most  energetic  of  Cali- 
fornia's pioneers.  He^was  a  native  of  France  and  settled  in  San  Francisco 
in  1850. 

We  are  informed  that  in  the  year  1869,  no  town  in  the  St^te,  except  San 
Francisco,  could  boast  of  as  excellent  hotel  accommodation  as  San  Jos^;  and 
in  all,  save  dimensions,  it  was  doubtful  if  the  Auzerais  House  was  inferior  to 
any.  The  New  York  Exchange,  with  the  prince  of  landlords,  was  doing  an 
immense  business;  the  Morgan  House,  the  oldest  established  in  the  city, 
was  kept  on  temperance  principles  by  Mr.  Wilcox;  while,  in  addition  to 
these,  there  were  the  United  States,  National,  What  Cheer  House,  Wisconsin 
House,  San  Jos6  Hotel,  and  one  or  two  more,  all  of  which  were  in  a  flourish- 
ing condition.     As  a  manufacturing  town  it  was  also  making  headway. 

Aside  from  the  large  woolen  manufactor}'  then  completed,  the  interests  of 
San  Jos^  in  that  direction  were  considerable.  A  large  amount  of  superior 
work  was  turned  out  of  her  half-a-dozen  carriage  and  wagon  shops ;  her  foun- 
dries were  equal  to  the  best  in  the  State;  the  best  of  harness  work,  made  from 
San  Jose  tanned  leather,  was  to  be  found  in  the  establishments  of  Messing, 
Stern,  and  others;  there  were  three  breweries,  and  a  couple  of  distilleries 
running,  to  supply  the  thirsty  with  moisture ;  while,  in  addition,  there  were 
the  lesser  enterprises  of  the  manufacture  of  candy,  pottery,  crackers,  cutlery, 
etc.,  each  having  its  significance  in  making  up  the  sum  of  business  pros- 
perity. 

In  this  year,  there  were,  in  the  city  of  San  Jos^,  one  thousand,  five  hundred 
and  forty-two  scholars,  between  the  ages  of  five  and  fifteen  years,  and  nine 
hundred  and  sixty-five  under  the  age  of  five  years.  In  the  month  of 
December,  the  Common  Council  took  steps  towards  the  improvement  of  St. 
James  square;  while  another  important  fact  was  the  arrival  of  the  first 
through  train  from  Sacramento,  on  September  6th.  In  the  month  of  August 
H.  M.  Newhall  erected  the  brick  buildinor  on  the  north-east  corner  of  Santa 
Clara  and  Market  streets,  the  ground  costing  twenty  thousand,  and  the  erection 


SAN   JOSl^:   TOWNSHIP.  453 

fifty  thousand  dollars.  Besides  this,  the  Catholic  frame  church  was  erected  in 
this  year.  It  was  a  handsome  building,  fifty-four  by  one  hundred  and  eight 
feet,  with  thirty-eight  feet  in  the  clear,  of  the  Corinthian  style  of  architec- 
ture.    It  was  destroyed  by  fire,  in  1875. 

1870. — -On  the  first  day  of  this  year,  Messrs.  Pomeroy  and  Colahan  issued 
the  San  Jose  City  Directory  and  Business  Guide  of  Santa  Clara  County,  a 
useful  volume,  for  the  houses  had  all  been  numbered  by  this  time,  and 
found  a  ready  appreciation.  In  the  month  of  February,  the  seventh  day, 
at  a  meeting  of  the  Common  Council,  the  following  proceedings  were  had: — 

Councilman  Bailey  offered  resolutions  tendering  to  the  State,  as  a  site  for 
the  Normal  School,  either  Washington  or  St.  James  square,  or  ten  acres  of 
land  adjacent  to  the  city,  and,  on  motion,  the  same  was  lost,  by  the  follow- 
ing vote — Ayes,  Bailey,  and  Otter;  Noes,  Adams,  Balbach,  Porter,  and 
Vestal.  The  following  motion  was  then  offered,  and  adopted:  "Whereas, 
the  Mayor  and  Common  Council  of  the  city  of  San  Jose  donated  Market 
street  square  to  the  State  of  California,  for  the  purpose  of  locating  the  State 
Normal  School  thereon ;  and  whereas,  it  has  been  understood  that  membei-s 
of  the  Legislative  State  Norijial  School  Committee  have  expressed  a  belief 
that  Market  street  square  is  too  small  for  the  requirements  of  the  school ; 
Therefore,  he  it  Resolved,  by  the  Mayor  and  Common  Council  of  the  city  of 
San  Jose,  that  St  James  square,  and  Washington  square  be,  and  hereby  is, 
donated  for  the  State,  from  which  to  select  a  site  for  said  school."  On  March 
11th,  the  final  vote  of  the  Legislature  on  the  permanent  location  of  the 
State  Normal  School  gave  a  majority  of  eight  votes  to  San  Josd,  forty-seven 
being  in  favor  of  that  city,  and  thirtj'-nine  for  Napa.  Market  square  was 
chosen  as  the  site,  as  the  annexed  proceedings  of  the  Common  Council  will 
explain: — 

A  communication  from  the  Commissioners  to  Locate  the  Normal  School 
was  read,  and,  on  motion,  ordered  spread  upon  the  minutes:  "San  Francisco, 
April  25,  1870. — At  a  meeting  of  the  Commissioners  to  Locate  the  State 
Normal  School,  held  at  the  office  of  the  Superintendent  of  Public  Instruc- 
tion, on  Monday,  April  25,  1870;  present.  His  Excellency  Governor  H.  H. 
Haight,  State  Superintendent  O.  P.  Fitzgerald,  and  W.  T.  Luckey,  Principal 
of  the  State  Normal  School.  After  examination  of  the  Act  to  establish  and  locate 
the  State  Normal  School,  and  discussion,  the  following  resolution  was  passed, 
viz.:  Resolved,  That  it  being  apparent  upon  inspection  of  the  law  author- 
izing the  location  of  the  Normal  School,  that  the  Commissioners  are  confined  to 
three  squares  offered  by  the  cit}'-  of  San  Jos^,  and  that  the  selection  of  the 
Sullivan  tract  is  unauthorized,  the  Commissioners  hereby  select  Washington 
square,  as  the  most  suitable  one  of  the  sites  offereil  by  the  city.  O.  P.  Fitz- 
gerald, Secretary."  A  more  complete  history  of  this  Institution  will  be 
found  elsewhere  in  this  work. 


454  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

On  the  1st  of  April  there  were  forty-two  thousand  nine  hundred  and 
thirteen  dollars  and  forty  cents  in  the  City  Treasury;  of  which  thirty-one 
thousand  five  hundred  and  forty -eight  dollars  and  twenty -seven  cents, 
belonged  to  the  Common  School  Fund.  The  Legislature  passed  a  law  on  this 
date,  for  the  government  of  the  Fire  Department  of  the  city.  The  following 
were  the  officers  elected  at  the  charter  election  held,  April  12, 1870:  Mayor, 
Adolph  Pfister;  Common  Council,  J.  J.  Denny,  A.  P.  Hulse,  F.  Lewis — 
D.  T.  Adams,  D.  C.  Bailey,  D.  J.  Porter,  holding  over;  Clerk,  J.  T.  Colahan- 

Early  in  the  month  of  May,  the  San  Jose  Starch  Manufactory  was  estab- 
lished about  two  miles  from  town  on  the  Alviso  road,  where  it  was  operated 
by  the  owners,  Johnson,  La  Grange  &  Co.  July  25,  1870,  the  stockholders  of 
the  Santa  Clara  Valley  Railroad  and  Transportation  Company  elected  the 
following  directors :  S.  O.  Houghton,  John  G.  Bray,  G.  P.  Pierce,  A.  E.  Pome- 
roy,  T.  Lenzen,  A.  Pfister,  C.  Peebels,  V.  D.  Moody,  and  Martin  Corcoran- 
On  May  17th,  H.  S.  Foote  and  D.  M.  Adams  issued  the  Daily  Independent, 
at  that  time  the  only  daily  paper  in  the  county,  as  it  was  the  first  to  receive 
telegraphic  dispatches  from  the  East  concurrently  with  the  San  Francisco 
papers.  In  the  month  of  December,  it  was  sold  to  Norman  Porter,  and,  in 
1871,  was  merged  in  the  Guide.  July  21st,  goods  manufactured  at  the 
Woolen  Mills  were  first  put  on  the  market,  wdiile,  among  the  improvements 
that  had  been  effected  in  the  city,  we  may  mention  the  building  of  two 
splendid  theaters;  the  introduction  of  mountain  spring  water,  under  eighty 
feet  pressure;  the  San  Jose  Woolen  Mills;  the  Hebrew  Synagogue;  the  Ger- 
man Methodist  church;  new  Catholic  church;  the  dwelling-house  of  Mr- 
Clark,  that  cost  seventy-five  thousand  dollars;  the  extension  of  the  horse- 
railroad  to  the  eastern  limits  of  the  town;  a  splendid  fire-engine  house;  and 
about  half-a-dozen  new  business  blocks. 

August  18th,  Brohaska's  Opera  House,  on  the  north  side  of  Santa  Clara 
street,  between  Second  and  Third  streets,  was  opened  with  the  play  of  "  Lon- 
don Assurance,"  Miss  M.  E.  Gordon  (Mrs.  John  T.  Raymond)  in  the  role  of 
"  Lady  Gay  Spanker,"  and  Mr.  Raymond  as  "  Mark  Meddle."  An  address 
was  delivered,  before  the  rising  of  the  curtain,  by  Miss  Gordon,  in  the 
presence  of  a  large,  select,  and  fashionable  audience.  On  the  23d,  the  Jewish 
Synagogue  y^a&  dedicated  by  Doctors  Cohn,  of  San  Francisco,  and  Lowenthal 
of  San  Jose ;  and  on  the  31st,  two  wooden  buildings,  situated  opposite  the 
Auzerais  House,  on  Santa  Clara  street,  were  destroyed  by  fire.  On  Septem- 
ber 10th,  the  corner-stone  of  the  University  of  the  Pacific  was  laid  with 
much  ceremony,  the  orator  of  the  day  being  Hon.  Thomas  H.  Laine,  the 
first  graduate  of  the  college,  and  was  followed  by  Dr.  Sinex,  who  gave  a  brief 
history  of  the  institution. 

The  census  taken  this  year  shows  the  population  of  San  J  o.s^  township  to 
have  been  twelve  thousand  five  hundred  and  fifty-two. 


SAN   J0S:6   TOWNSHIP.  455 

November  2Gth,  we  have  to  record  the  buruuig  of  the  residence  of  Mrs.  S. 
J.  Hensley,  on  First  street,  and  nearly  all  of  its  valuable  contents,  at  a  loss  of 
not  less  than  sixty  thousand  dollars.  The  house  itself  was  made  at  the  East, 
at  an  early  day  in  the  history  of  San  Jose',  taken  apart  and  shipped  to  this 
country,  where  it  was  occupied  by  the  late  Major  Hensley,  until  his  death. 

In  this  year  was  completed  the  Music  Hall,  on  the  east  side  of  First  street, 
occupying  the  site  of  the  historic  Mansion  House;  the  jail  was  in  the  course 
of  construction;  Washington  Hose  Company,  No.  1,  was  organized;  and  the 
sidewalk,  on  the  north  side  of  Santa  Clara  street,  between  Market  and  Fii-st, 
was  widened  to  sixteen  feet,  laid  with  brick,  covered  with  asphaltnm,  and 
curbed  with  granite. 

187 1. — January  28th,  judgment  was  given  in  the  case  of  Leroy  versus  a  large 
number  of  settlers  in  the  valley.  The  suit  was  brought  in  the  United  States 
Court  through  Leroy,  an  alien;  but  the  real  parties  interested,  were,  mainly, 
citizens  of  the  county.  A  decision  adverse  to  the  settlers  would  have  been 
ruinous  to  the  prosperity  of  the  county,  while,  it  would  have  wrecked  hun- 
dreds of  families,  and  operated  to  have  unsettled  contidence  in  land  titles  in  the 
district.  February  4th,  the  community  was  startled  by  the  death  of  one  of 
its  oldest  and  most  esteemed  citizens — John  G.  Bray,  President  of  the  Bank 
of  San  Jos^.  He  dietl,  at  his  home  in  Santa  Clara,  of  paralysis  of  the  heart. 
Mr.  Bray  had  been  a  resident  of  the  county  since  1852,  during  all  of  which 
time  he  had  been  engaged  in  active  business — was  senior  partner  of  the 
commission  firm  of  Bray  &  Brothers,  of  San  Francisco,  and  was  also  Direc- 
tor of  .several  corporations.  He  was  chosen  President  of  the  Bank  of  San 
Jos^,  at  the  first  organization  of  that  institution,  which  position  he  held  up 
to  the  time  of  his  decease.  Mr.  Bray  was  a  fine  type  of  the  true  gentleman. 
He  was  a  whole-souled,  pure-minded,  manly  man — one  whose  very  presence 
shed  an  aroma  of  gentleness  blended  with  manly  dignity,  and  all  the  graces 
of  a  noble  character.  February  21st,  a  branch  of  the  Home  Insurance  Com- 
pany was  established  in  this  city,  when  over  fifty-six  thousand  dollars'  worth 
of  stock  was  subscribed  in  a  short  time.  At  a  subsequent  meeting  the  follow- 
ing gentlemen  were  elected  a  Board  of  Directors:  T.  Ellard  Beans,  Dr.  W. 
S.  McMurtry,  A.  Pfister,  Josiah  Belden,  J.  S.  Carter,  Jackson  Lewis.  N. 
Hayes,  and  E.  Skerritt. 

On  April  3d,  the  following  communication  from  Mayor  Pfister  was 
received : — 

"  To  the  Honorable  the  Common  Council  of  the  city  of  San  Jos^ — 
"  Gentlemen:  In  accordance  with  the  proposals  which  I  made  to  you  on 
receipt  of  the  first  installment  of  my  salary  as  Mayor,  I  have  the  honor  to 
inform  you  that  there  is  now  at  your  disposal  the  sum  of  six  hundreil  dol- 
lars, the  amount  of  salary  which  I  have  I'eceived  for  the  year  just  ended — for  the 


456  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

purpose  of  establishing  a  Public  City  Libra.ry.     It  is  my  desire  that  in  the 
establishing  of  such  a  library,  care  should   be  taken  to  keep  it  free  from 
sectarianism,  and  to  make  it   in  fact  as  well  as  in  name,  a  public   library. 
"  Yours  respectfully,  A.  Pfister." 

A  proposal  of  the  Young  Men's  Christian  Association  to  take  charge  of  such 
library  was  referred  to  a  committee,  and,  as  will  hereafter  appear,  was  duly 
effected.  The  charter  election  for  1871,  was  held  on  April  10th,  with  the  follow- 
ing result:  Ma3^or,  A.  Pfister;  Common  Council,  S.N.  Johnson,  Louis  Krumb, 
Robert  Page,  and  A.  P.  Hulse,  J.  J.  Denny,  Jackson  Lewis,  holding  over: 
Marshal,  William  Sexton;  Clerk,  J.  T.  Colahan;  Treasurer,  Chapman  Yates. 
In  the  month  of  June  of  this  year,  charge  of  the  San  Jose  Institute  and 
Business  College  was  assumed  by  Freeman  Gates,  after  an  absence  of  three 
years. 

In  the  first  week  of  the  month  of  July,  1871,  several  heavy  transactions 
in  real  estate  are  reported  as  having  occurred :  McLaughlin  &  Ryland  pur- 
chased from  A.  Pfister  &  Co.,  their  property  on  the  south-east  corner  of  First 
and  Santa  Clara  streets,  with  the  buildings  thereon,  for  sixty-two  thousand 
dollars.  Here,  in  1872,  they  erected  the  magnificent  building  where  now  the 
Commercial  and  Savings  Bank  is  located,  and  in  one  of  the  rooms  of  which 
this  work  has  been  compiled.  Dr.  J.  C.  Cobb  sold  to  Daniel  Murphy,  his 
property  on  which  he  resided,  on  the  east  side  of  Second  street,  between  Santa 
Clara  and  San  Fernando  streets,  being  one  hundred  and  forty-eight  feet  front 
by  fifty  varas  deep,  for  sixteen  thousand  dollars.  Judge  Archer  sold  to  N. 
Hayes  the  lot  on  Second  street  adjoining  the  South  Methodist  church,  for  two 
thousand  five  hundred  dollars.  Barbai'a  Castro  de  Soto  sold  to  A.  Pfister 
forty  varas  square  on  the  south-west  corner  of  Third  and  Santa  Clara  streets, 
for  twelve  thousand  dollars,  besides  which,  other  transactions  were  in  course 
of  fruition,  all  proving  the  wonderful  advance  made  in  the  prosperity  of  the 
city. 

The  number  of  children  between  five  and  fifteen  years  of  age  attending 
school  in  this  year,  was  eighteen  hundred  and  twenty-eight,  an  increase  of 
two  hundred  and  eighty-seven  over  last  year.  In  addition  to  this  number 
there  were  one  thousand  and  forty -five  children  under  five  years,  making  a 
grand  total  of  two  thousand  eight  hundred  and  seventy-three  children. 

When  Mr.  Bishop  first  talked  of  substituting  steam  for  horses  on  the  San  Jos^ 
and  Santa  Clara  Railroad,  the  project  was  looked  upon  with  great  disfavor 
by  the  people  generally,  and  it  was  a  long  time  before  the  Board  of  Super- 
visors would  consent  to  his  trying  the  experiment.  The  boon  was  tardily 
granted,  and  the  order  for  a  suitable  dummy  to  be  made  was  given.  It  was 
received  in  July,  and  on  the  11th  a  most  satisfactory  trial  of  it  was  made, 
but  not  long  after  the  City  Attorney  discovered  that  it  was  not  within  the 
power  of  the  Council  to  permit  the  company  to  use  steam-power,  but  must 


SAN   JOSlfi   TOWNSHIP.  457 

be  held  to  the  restrictions  of  their  franchise.  October  l7th  the  Common 
Council  held  a  special  meeting  to  pass  an  ordinance  granting  to  Mr.  Bishop  a 
franchise  for  a  railroad  along  First  street. 

On  iSunday,  October  29th,  the  ceremony  of  "  blessing  the  bell  " — a  new 
one  presented  to  St.  Joseph's  church  by  Messrs  McLaughlin  &  Ryland,  weigh- 
ing three  thousand  one  hundred  and  fifteen  pounds — was  performed  by 
Bishop  Meige,  assisted  by  a  large  number  of  priests,  and  witnessed  by  an 
immense  concourse  of  people.  Until  the  arrival,  and  placing  in  position  of 
the  new  Normal  School  bell,  that  of  St.  Joseph's  was  the  largest  in  the  city. 

In  the  month  of  December,  1871,  we  have  once  more  to  record  an  inunda- 
tion, attended  by  much  damage  to  property.  On  the  night  of  Sunday,  the 
17th,  it  commenced  to  rain  and  continued  without  ceasing  for  forty-eight 
hours.  On  Tuesday  night  the  Guadalupe  and  Los  Gatos  rivers  commenced 
to  rise,  and  soon  overflowed  their  banks.  In  the  city  hundreds  of  dwelling- 
houses  in  the  western  and  south-western  additions  were  flooded,  causing  the 
greatest  consternation  among  the  inmates.  Fences  and  small  buildings  were 
swept  away,  and  both  railroad  tracks  undermined  in  several  places.  On  the 
east  side  of  River  street,  south  of  San  Aucjustin,  seven  small  one-storv  cot- 
tasfes  were  borne  down  stream  for  a  distance  of  a  third  of  a  mile.  During 
the  flood  all  railroad  and  telegraphic  communication  with  the  outside  world 
was  suspended,  while  the  district  around  for  two  days  was  like  an  angry 
.sea  lashed  by  the  wind. 

1873. — Having  purchased  the  type  and  printing  material  of  the  Daily 
Guide  from  N.  Porter,  the  Mercury  made  its  appearance  a?  a  daily  paper  on 
the  morning  of  March  11,  1872,  since  when  it  has  maintained  a  regular 
course  of  rectitude  and  honor.  On  the  2d  April,  the  White  Cloud  Consoli- 
dated Gold  and  Silver  Mining  Company  was  incorporated,  with  a  capital 
stock  of  three  millions  of  dollars,  the  place  of  business  being  San  Jose,  and 
the  Trustees  John  H.  Moore,  Frederick  Smith,  S.  A.  Barker,  Giles  E. 
McDougall,  E.  A.  Veazie,  O.  L.  Crandall,  and  Charles  Silent.  Of  the 
improvements  then  effected  the  periodicals  of  the  time  state  that  the  side- 
walk in  front  of  the  new  Bank  of  San  Jose  buildincj  on  Santa  Clara  street 
had  been  v/idened  about  eighteen  inches  and  covered  with  asphaltum; 
McLaughlin  and  Ryland's  building,  at  the  opposite  corner,  was  entirely 
completed  and  ready  for  occupancy;  the  grade  between  Santa  Clara  and 
St.  John  streets,  on  First  street,  was  being  lowered  to  conform  to  a  uniform 
height  with  the  rest  of  that  thoroughfare;  S.  A.  Bishop  was  about  to  open 
the  First  street  railx'oad  ;  the  difl'erent  offices  in  the  Court  House  had  been 
renovated;  while  other  improvements  were  noticeable  in  almost  every  quar- 
ter of  the  city.  We  have  to  record  the  death  of  Dr.  James  C.  Cobb,  an  old 
pioneer  and  highly  esteemed  citizen,  on  Friday,  April  5,  1872.  Dr.  Cobb 
was  a  native  of  Vermont,  but  subsequently,  and  for  many  years  resided  in 


458  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

South  Carolina,  where  he  practiced  his  profession.  Of  this  gentleman  the 
MercLtry  says:  "  No  man  stood  fairer  in  the  community  for  uprightness  of 
life  and  character — none  whose  death  would  be   more  generally  regretted." 

We  cull  the  following  from  the  same  paper,  dated  April  25th:  "At  the 
corner  of  Market  and  Santa  Clara  streets  there  stands  an  old  relic  of  bygone 
days,  around  which  are  associated  interesting  reminiscences  and  pleasing 
recollections.  It  is  an  old  hand  fire-engine.  Empire  No.  1.  The  paint, 
which  was  once  bright  and  of  brilliant  coloring,  has  worn  off  by  use,  time 
and  exposure,  until  but  little  of  it  remains.  The  gilded  eagle  in  front  still 
looks  as  defiant  as  ever,  but  the  beak,  alas,  has  vanished,  leaving  the  poor 
old  bird  disfigured  and  homely.  Empire  No.  1  was  known  as  '  Old  41  '  in 
New  York,  as  far  back  as  1830,  and  its  quarters  were  at  the  corner  of 
Delaney  and  Livingston  streets.  Levi  Goodrich,  the  architect,  and,  we 
believe,  Abe.  Beatty,  used  to  run  with  the  old  machine  in  New  York.  In 
1850  it  was  sent  to  San  Francisco,  and  sold  to  the  Engine  Company  of 
which  the  lamented  David  C.  Broderick  was  Foreman.  There  it  remained 
until  1854,  when  the  city  of  San  Jose'  purchased  it,  and  from  that  day  to 
this,  it  has  been  known  as  'Empire  No.  1.'  Since  the  purchase  of  the 
steamer,  the  old  tub  has  been  in  disuse,  though  the  pumps  are  in  fine  order 
and  capable  of  doing  service  for  some  time  to  come.  Yesterday  it  was  used 
in  cleaning  out  Chris.  Schmidt's  cellar.  While  many  of  the  boys  who  used 
to  cluster  around  it  have  been  called  to  the  other  world,  the  old  engine  still 
stands  a  monument  of  the  past."  Of  it  may  be  truly  said,  monumentuvi 
cere  perennius — a  monument  more  lasting  than  bronze. 

At  the  charter  election  held  April  8,  1872,  the  following  city  officers  were 
elected:  Mayor,  A.  Pfister;  Common  Council,  J.  J.  Conmy,  D.  C.  Vestal, 
Frank  Lewis,  with  L.  Krumb,  R  Page,  S.  N.  Johnston  holding  over;  Mar- 
shal, William  Sexton;  Treasurer,  W.  A.  Januarv. 

On  May  14th,  articles  of  incorporation  for  a  new  City  Market  were  filed 
in  the  office  of  the  County  Clerk,  the  incorporators  being  N.  B.  Edwards, 
D.  A.  and  James  Leddy,  C.  A.  Blanchard,  A.  Matty,  C  Hertel,  G.  McDon- 
ald, J.  Del  Conte,  B.  S.  Dudley,  A.  Larrieu,  J.  Sterarl,  and  G.  Wendt.  The 
capital  stock  was  one  hundred  thousand  dollai's,  in  four  hundred  shares,  and 
the  Trustees,  N.  B.  Edwards,  James  Leddy,  C.  A.  Blanchard,  A.  Matty,  and  G. 
McDonald.  On  the  19th  May,  the  Pavilion  on  St.  John  street  was  destroyed 
by  fire,  while  on  the  same  evening  two  more  conflagrations  were  discovered  and 
promptly  extinguished.  About  this  time  the  width  of  the  sidewalks  on 
Santa  Clara  str-eet,  from  San  Pedro  street  to  Second,  was  fixed  by  ordinance 
of  the  Common  Council  at  sixteen  feet.  On  the  24th  May,  the  clock  in  the 
tower  of  the  Bank  of  San  Jose  building  first  commenced  to  tell  the  hours. 
At  a  meeting  held  on  June  11th,  the  San  Jose  Library  Association  was 
organized,  and  on  the  12th  a  terrific  railroad  accident  occurred  on  the  South- 
ern Pacific  Railroad,  near  the  Twelve -mile  House. 


SAN   JOS^   TOWNSHIP.  459 

In  the  month  of  September  of  this  year,  a  meeting  of  citizens  interested  in 
preventing  the  pollution  of  the  fairest  portion  of  the  cit}' — that  around  Mar- 
ket square — by  the  erection  of  additional  Chinese  dens,  and  devise  some 
means  for  the  removal  of  those  already  there,  was  held  at  the  office  of  B.  D. 
Murphy.  What  steps  may  have  been  then  decided  upon,  have  had  no  benefit 
in  removing  the  blot,  for  the  squalid  hovels  which  go  by  the  name  of  China- 
town, is  a  stain  upon  the  Garden  City.  On  October  19th  the  Central  Mar- 
ket was  opened  with  great  eclat.  Early  in  the  month  of  December,  the  lots 
laid  out  by  the  University  of  the  Pacific  were  sold  at  auction.  The  Univer- 
sity tract  had  been  purchased  some  years  before  from  the  Railioad  Company, 
and  after  reserving  a  sufficient  space  for  a  college  campus,  the  balance  of  the 
tract  Avas  laid  out  into  blocks  for  a  town.  The  University  at  that  time  was 
maintained  in  the  old  brick  college  building  at  Santa  Clara,  with  limited 
accommodation  and  a  languishing  patronage.  The  trustees  determined  to 
erect  buildings  on  their  new  tract,  and  by  taking  a  fresh  start,  see  if  they 
could  not  secure  the  patronage  and  support  to  which  the  merit  of  the  in.sti- 
tution  entitled  it.  The  lots  sold  readily,  and  soon  the  neighborhood  of  the  col- 
lege was  thickly  settled.  The  present  building  was  erected,  the  trustees  incur- 
ring heavy  liabilities  to  secure  its  completion;  but  still  the  lukewarmness  of 
some  of  the  brethren  of  the  Conference,  the  indifference  of  others,  and  the  open 
hostility  of  a  few,  caused  the  institution  to  languish  notwithstanding  the  heroic 
efforts  of  Dr.  Sinex  and  others  in  its  behalf.  It  was  finally  concluded  that 
the  college  could  never  prosper  with  its  large  debt  hanging  over  it,  and  after 
much  consultation,  it  was  resolved  to  make  one  grand  effort  to  dispose  of 
the  balance  of  their  surplus  lots,  and  lift  the  debt.  About  this  time  the 
Annual  Conference  convened  and  brought  with  it  Bishop  Foster  as  presiding 
officer.  He  had  had  much  experience  with  struggling  institutions  of  learn- 
ing, and  took  in  the  situation  at  a  glance.  During  the  Conference  he  scarcely 
allowed  a  day  to  pass  in  wdiich  he  did  not  lecture  the  brethren  as  to  their 
duty  in  this  behalf,  and  finally  succeeded  in  working  them  up  to  a  zeal  that 
had  scai'cely  ever  before  been  excelled.  The  action  of  the  trustees  in  selling 
the  tract  was  approved,  it  appearing  that  the  proceeds  of  the  sale  would  be 
sufficient  to  pa}^  off  the  entire  indebtedness  of  the  institution  and  leave  a 
surplus  of  several  thousands  of  dollars.  This  was  not  all.  Before  the  Con- 
ference closed,  an  endowment  of  about  fifty  thousand  dollars  was  secured  for 
the  institution,  and  above  all,  the  hearty  co-operation  of  the  Church  was  won 
in  its  behalf.  It  is  hard  to  imagine  a  more  desirable  location  than  the  Uni- 
versity of  the  Pacific  has,  situated  as  it  is  in  a  central  position,  in  a  lovely 
country,  in  a  splendid  climate,  and  within  easy  access  from  all  points  of  the 
compass. 

We  have  to  record  the  death,  on  Thursday,  December  19,  1872,  of  Free- 
man Gates,  a  gentleman  whose  name  has  frequently  occurred  in  these  pages. 


460  HISTORY    OF    SANTA    CLARA   COUNTY,    CALIFORNIA. 

At  the  time  of  his  demise  he  was  Undex'-sheriff  of  the  county.  Prior  to  the 
year  1861,  Mr.  Gates  had  been  for  several  years  Principal  of  the  Public 
Schools.  He  then  conceived  the  idea  of  erecting  the  San  Jose  Institute,  a 
mixed  day  and  boarding  school,  which  under  his  management  obtained  a 
high  degree  of  prosperity.  Failing  health  finally  compelled  him  to  abandon 
the  school-room,  and  seek  out-of-door  exercise,  although  he  still  retained  the 
general  management  of  the  institution.  It  was  this  need  of  open-air  employ- 
ment that  prompted  him  to  accept  the  appointment  of  Under-sheriff,  the 
duties  of  which  position  he  filled  with  marked  ability  so  long  as  he  was  able 
to  be  out. 

1873. — On  the  22d  January,  the  Santa  Clara  Valley  Mill  and  Lumber 
Company  was  incorporated,  with  a  capital  stock  of  three  hundred  thousand 
dollars,  and  the  following  directors:  W.  P.  Dougherty,  W.  H.  Hall,  Samuel 
McFarland,  E.  W.  Haskell,  W.  W.  Pratt,  John  Metcalf,  and  G.  W.  McLellan. 
The  duration  of  the  association  is  for  thirty  years.  On  March  1st  is  an- 
nounced the  death  of  a  veritable  pioneer.  Mrs.  Sarah  Ann  Aram  came  with 
her  husband  to  this  coast  in  1840,  and  had  resided  in  or  near  San  Jose  for 
about  twenty-five  years.     Her  death  was  sad  news  to  many  an  old  settler. 

March  24th,  the  San  Jose  Savings  Bank  moved  into  their  new  quarters, 
on  Santa  Clara  street;  and  on  the  14th  April,  the  following  civic  officers 
were  elected:  Mayor,  Bernard  D.  Murphy;  Common  Council,  J.  J.  Conmy, 
C.  S.  Crydenwise,  A.  Greeninger,  Frank  Lewis,  D.  C.  Vestal,  John  McCune; 
Marshal,  A.  B.  Hamilton;  Clerk,  Montgomery  Maze. 

1874^. — On  February  2d,  it  was  resolved  by  the  Common  Council,  that  a 
special  bill  be  drafted,  to  pi'ovide  for  an  election  for  the  issue  of  forty  thousand 
dollars  school-house  bonds,  for  twenty  years,  at  eight  per  cent,  per  annum,  said 
bonds  to  be  converted  into  funds  for  the  purpose  of  building  school-houses. 
On  the  13th  April,  the  officers  elected  at  the  charter  election  were:  Mayor, 
B.  D.  Murphy;  Common  Council,  W.  O.  Barker,  C.  S.  Crydenwise,  W.  F. 
Ellis,  A.  Greeninger,  A.  Lake,  J.  Lenzen  ;  Treasurer,  W.  A.  January;  Chief 
of  Police,  James  V.  Tisdal ;  Commissioner  of  Streets,  Reuben  Burdett ;  Clerk, 
Montgomery  Maze. 

1875. — June  21st,  the  following  preamble  and  resolutions  were  presented 
and  read,  and,  on  motion,  the  City  Clei-k  was  ordered  to  have  them  spread 
upon  the  minutes,  and  also  to  have  a  copy  thereof  sent  to  the  family  of  the  de- 
ceased: "  Whereas  death  has  removed  from  our  midst  Montgomery  Maze,  late 
City  Clerk  of  the  city  of  San  Jos^,  and,whereas,  the  Mayor  and  Common  Coun- 
cil deem  it  pi'oper  to  pay  a  just  tribute  to  the  worth  of  our  late  associate; 
Therefore,  he  it  Resolved,  That  we  hereby  express  our  warm  appreciation  of 
the  personal  character  of  our  late  associate,  and  give  cheerful  testimony  to 
his  high  integrity  and  the  eminent  qualities  which  he  brought  to  bear  in  the 


SAN   JOS^    TOWNSHIP.  461 

discharge  of  the  arduous  duties  of  his  office.  Resolved,  That  in  the  demise  of 
Montgomery  Maze,  the  city  of  San  Josd  has  lost  an  active  and  useful  citizen, 
his  immediate  associates,  a  firm  and  devoted  friend,  and  his  family,  a  father 
and  husband  whose  energies  were  devoted  to  their  well-being  and  happiness. 
Resolved,  That  we  hereby  extend  to  the  bereaved  family  and  friends  of  the 
deceased,  our  warmest  sympathy,  realizing,  at  the  same  time,  how  futile  are 
all  attempts  at  consolation,  when  a  strong  man  has  been  stricken  down  in 
the  prime  of  his  life,  while  his  usefulness  was  in  its  zenith,  and  while  his  warm 
heart  was  beating  strongest  for  the  dear  ones  for  whom  he  was  toiling  under 
the  inspiration  of  his  generous  love.  Resolved,  That  these  resolutions  be 
spread  upon  the  records  of  the  Council." 

The  officers  elected  for  the  year  1875,  were:  Mayor,  B.  D.  Murphy;  Com- 
mon Council,  George  W.  Lowry,  Jonathan  Sweigert,  Daniel  Hiliyer,  A.  Green- 
inger,  J.  Lenzen,  W.  F.  Ellis,  W.  0.  Barker;  Clerk  and  Assessor,  W.  N% 
Castle. 

1870. — April  10th  of  this  year,  were  elected.  Mayor,  B.  D.  Murphy;  Com- 
mon Council,  A.  L.  Bascom,  D.  C.  Yestal,  George  B.  McKee,  M.  Hale  ;  Treas- 
urer, John  A.  Lotz;  Chief  of  Police,  James  V.  Tisdal;  Clerk  and  Assessor,  W. 
N.  Castle.     June  26th,  His  Honor  the  Mayor,  read  the  following  resolutions: — 

"Whereas,  it  has  pleased  an  all-wise  Providence  to  remove  from  our  midst 
our  esteemed  friend  and  associate,  Frank  Lewis,  we  deem  it  befitting  his 
memory,  and  ourselves,  that  the  archives  of  our  city  should  perpetuate  the 
record  of  his  many  virtues,  and  of  his  influence;  Therefore,  he  it  Resolved, 
That  in  the  death  of  Frank  Lewis,  the  city  of  San  Jose'  mourns  an  upright 
and  efficient  public  officer,  a  most  useful  citizen,  and  a  worthy  man- 
Resolved,  That,  as  members  of  the  city  government,  long  associated  with 
the  deceased  in  the  conduct  of  public  affairs,  we  recognize  the  very  large 
measure  of  industry  and  efficiency  brought  by  the  deceased  to  the  official 
duties  with  which  he  was  intrusted,  and  that  we  feel  wnth  special  w^eight 
this  bereavement,  which  takes  from  our  midst  one  of  approved  and  unques- 
tioned integrity,  of  unswerving  fidelity,  and  whose  soundness  of  judgment 
was  only  equalled  by  his  kindness  of  heart  and  purity  of  character- 
Resolved,  That  to  the  family  and  relatives  of  the  deceased  we  tender  our 
earnest  sympathy  in  this,  their  great  affliction,  and  that  with  these  bereaved 
and  stricken  friends  we  will  keep  in  grateful  remembrance  the  record  of  his 
useful  and  exemplary  life,  and  of  his  many  endearing  virtues.  Resolved^ 
That  these  resolutions  be  spread  upon  the  minutes  of  this  Council,  and  that 
the  City  Clerk  be  instructed  to  forward  a  copy  of  the  same  to  the  family  of 
the  deceased,  and  also  to  the  daily  papers,  for  publication.     Adopted. 

On  the  6th  September,  at  a  special  meeting  held  for  the  purpose  of  hear- 
ing the  disposition  of  the  Fire  Department,  in  the  matter  of  a  paid  department, 
the  President  of  the  Board  of  Fire  Delecrates  stated  that  the  whole  organi- 


462  HISTOKY    OF    SANTA    CLARA    COUNTY,   CALIFORNIA. 

zation  was  unanimovis  on  the  point  of  disbanding  on  November  1,  1876, 
whereupon  the  Clerk,  was,  on  motion,  instructed  to  communicate  with  the 
department,  and  obtain  a  minimum  list  of  the  number  of  men  it  would  take 
to  operate  each  company,  and  also  to  get  a  list  of  the  officers  and  active 
members  that  are  willing  to  work  for  pay. 

October  23d. — The  conversion  into  a  Paid  Fire  Department  was  passed  on 
this  date,  the  vote  being — Ayes,  Greeninger,  Hale,  Hillyer,  Lowry,  McKee, 
and  Sweigert;  Noes,  Vestal.     The  scale  of  salaries  adopted  being — 

Chief  Engineer per  month  $  30  00 

One  Assistant  Engineer "  20  00 

Two  Engineers,  each "  60  00 

Three  Foremen,  each "  20  00 

Ten  Extra  men  for  Steamer,  each "  12  00 

Two  Drivers  (three  hol'ses),  each "  125  00 

One  Driver  of  Hook  and  Ladder  Company's  Truck ....  "  100  00 

One  Tillerman "  40  00 

Six  Extra  men  for  Hook  and  Ladder  Truck,  each "  12   00 

One  Hydrant  Inspector "  80  00 

Two  Hose  Cart  Drivers,  each "  40  00 

October  30th. — The  following  appointments  were  made :  Chief  Engineer, 
F.  C.  Gerdes;  Assistant,  W.  D.  Brown. 

Empire  Engine  Company  No.  1. — Foreman,  Thomas  Howard;  Engineer, 
J.  P.  White;  Driver,  John  Purcell;  Driver  of  Hose  Cart,  Steward  and  Stoker, 
George  Dash ;  Extra  men,  M.  Zimmer,  E.  Bagley,  J.  S.  Huey,  J.  H.  Kiep, 
E.  Norriega. 

Torrent  No.  -.i.- — Foreman,  William  Petri;  Engineer,  R.  Knowles;  Driver, 
James  Richardson;  Driver  of  Hose  Cart,  Steward  and  Stoker,  J.  Phillips; 
Extra  men,  Thomas  Brookbanks,  John  Moore,  H.  Young,  J.  B.  Stoklin, 
James  Eddy. 

Hook  and  Ladder  Company  No.  1. — Foreman,  Benjamin  Bernal;  Driver, 
E.  McGrory;  Steward  and  Tillerman,  John  Toomey;  Extra  men,  James 
Brady,  John  Doherty,  P.  Limmerick,   C.  Bailor,  P.  Maloney,    G.  Sampson. 

Steward  of  Eureka  Engine  House,  James  Smith;  Steward  of  Franklin 
Engine  House,  T.  L.  Cleal. 

1877.— T\ie  City  officers  elected  April  9,  1877,  were:  Mayor,  B.  D.  Mur- 
phy; Common  Council,  Solomon  Easterday,  J.  Y.  McMillin,  T.  Gebler,  A. 
Greeninger,  A.  L.  Bascom,  M.  Hale,  G.  B.  McKee,  D.  C.  Vestal.  On  the 
12th  November,  G.  B.  McKee  was  elected  Mayor,  vice  Murphy  resigned. 

1878. — January  7th  the  salaries  of  city  officers  were  reduced:  City  Clerk 
to  one  hundred  and  twenty-five  dollars,  Chief  of  Police  to  one  hundred  dol- 


SAN   J0SJ5    TOWNSHIP.  4G3 

lars,  Street  Commissioner  to  one  hundred  dollars,  (Ja])tain  of  Police  to  eighty- 
five  dollars,  and  Detective  to  eighty-five  dollars.  February  2')th  the  follow- 
ing minute  is  found  on  the  City  Records:  "  In  the  matter  of  the  accept- 
ance by  the  City  of  San  Jose  Library,  the  following  resolution  wa.s  pre- 
sented, to  wit:  Be  it  Resolved  by  the  Mayor  and  Common  Council  of  the 
city  of  San  Jos^  as  follows :  That  the  ofi'er  of  the  Trustees  of  the  San  Jos^ 
Library  Association  to  turn  the  said  Library  over  to  the  city,  including  tlie 
sum  of  one  thousand  six  hundred  dollars  now  in  and  to  remain  in  the  build- 
ing fund  of  said  Library,  together  with  all  the  books  and  other  property 
belonging  to  said  Library  as  a  public  institution,  is  hereby  accepted,  and 
that  our  representatives  in  the  Legislature  be  requested  to  procure  the  pas- 
sage of  an  Act  giving  to  the  said  city  the  authority  necessary  in  the  prem- 
ises.    Carried." 

At  the  charter  election  held  in  this  year,  April  8th,  the  following  gentle- 
men were  chosen  civic  officers:  Mayor,  Lawrence  Archer;  Common  Coun- 
cil, C.  L.  Kennedy,  B.  H.  Cottle,  C.  J.  Martin,  H.  C.  Kaiser,  T.  Gebler,  Solo- 
mon Easterday,  J.  Y.  McMillin,  A.  Greeninger;  Treasurer,  J.  A.  Lotz;  Street 
Commissioner,  W.  O.  Breyfogle;  Chief  of  Police,  D.  N.  Haskell;  Clerk,  W. 
N.  Castle. 

1879. — January  Gth,  J.  C.  Keane  was  appointed  Clerk  of  Council,  vice 
W.  N.  Castle,  declared  a  defaulter,  and  on  the  19th  April,  the  officers  elected 
were :  Common  Council,  Dennis  Corkery,  J.  Y.  McMillin,  R.  S.  Carter,  S. 
Grozelier;  Clerk,  W.  F.  Ellis. 

1880. — April  12th,  there  were  elected:  Mayor,  B.  D.  Murphy;  Common 
Council,  C.  T.  Settle,  A.  King,  C.  J.  Martin,  H.  C.  Kaiser;  Treasurer  and 
Collector,  J.  A.  Lotz ;  Chief  of  Police,  D.  N.  Haskell ;  Commissioner  of 
Streets,  W.  O.  Breyfogle;  Justice  of  the  Peace,  W.  H.  McGrew.  At  the 
same  time  the  following  votes  were  cast:  For  incurrinn;  a  debt  to  build  the 
City  Hall,  eight  hundred  and  forty-two  ;  against  it,  ten  hundred  and  ninety- 
six.  For  opening  Second  street,  one  hundred  and  ninety-two;  against  it, 
sixteen  hundred  and  forty-nine.  For  establishing  a  library,  twelve  hun- 
dred and  thirty-two;  against  it,  six  hundred  and  five. 

Thus  is  our  history  of  San  Jose  brought  to  a  close.  It  has  been  impossi- 
ble to  follow  the  course  mapped  out  for  our  guidance  in  dealing  with  the 
other  townships.  So  large  a  city  as  this  is,  with  so  great  a  population,  and 
a  township  so  vast  in  extent  and  so  thickly  settled,  it  would  be  an  impossi- 
bility to  follow  the  arrival  of  individual  by  individual,  not  because  they  are 
not  deserving  of  notice,  but  because  we  have  neither  time  nor  space. 

In  biflding  adieu  to  this  portion  of  our  subject,  we  would  wish  here  to 
express  our  thanks  for  the  many  kind  and  friendly  aids  we  have  received  in 
the  Garden  City,  whose  hospitable  people,  beautiful  trees,  and  handsome,  home- 


464  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

like  dwellings,  will  ever  be  green  spots  in  our  recollection.  To  the  stranger, 
who  may  pick  up  this  volume,  I  say  come  with  me  to  the  top  of  the  Court 
House  dome,  to  learn  what  an  enchanting  scene  is  like. 

The  view  from  the  dome  is  magnificent.  The  beholder  looks  over  the  best 
part  of  one  of  the  finest  valleys  in  the  world.  Away  on  one  side  a  range  of 
low  hills  breaks  the  view,  and  beyond  it  the  vale  stretches  again.  Immedi- 
ately around  the  Court  House  lies  the  city  of  San  Jose',  and  the  beauty  of  its 
hou.ses  and  gardens,  the  width  of  its  streets,  the  number  of  its  public  squares, 
and  the  spaciousness  of  its  public  buildings,  arrest  the  eye  at  once.  Beyond 
lies  Santa  Clara,  almost  hidden  in  the  wealth  of  foliage  that  embraces  it,  but 
above  which  the  tall  spires  of  her  churches  peep  picturesquely.  All  around 
lie  broad  acres  of  living  green.  From  the  Court  House  far  away  into  the 
dim  distance,  where  the  plain  meets  the  foot-hills,  and  melts  into  them,  the 
scene  is  one  of  the  richest  verdure.  There  is  no  season  of  the  year  when  this 
valley  presents  so  perfectly  beautiful  an  appearance  as  now — the  month  of 
April.  By  and  by  the  almost  tropical  heat  of  the  Summer  sun  will  have 
dried  up  the  grass  and  have  caused  the  flowers  to  wither.  The  young  wheat, 
that  now  wears  a  garment  of  living  green,  will  have  gladdened  the  eye  of  the 
farmer  with  golden  robes,  and  in  its  full  prime  will  have  been  gathered 
into  his  granaries.  The  foot-hills  and  the  Coast  Range  will  have  become 
weary  of  the  glorious  sun,  and  their  scorched  sides  will  reveal  their  readiness 
once  more  to  welcome  the  friendly  shelter  of  winter  clouds,  and  the  revivi- 
fving  influence  of  winter  rains.  But  now  the  plain  and  the  mountain  are 
alike  exulting  in  the  boon  of  moisture,  and  the  kindly  sun  is  ripening  and 
nourishing  all  grain,  and  herbage,  and  trees,  and  vegetation  of  whatever 
kind.  The  orchards  bloom  everywhere  with  fragrant  blossoms  pure  as 
bridal  vows,  or  I'oseate  as  bridal  blushes.  The  distant  lowing  of  cattle  sounds 
musically,  high  up  in  the  warm,  still  aii",  and  the  bells  of  one  of  the  many 
seminaries  scattered  around  about,  are  followed  by  the  cheerful  sound  of 
children's  voices.  Where,  better  than  here,  could  a  sturdy  race  be  nurtured? 
Where,  better  than  among  these  hills,  these  plains,  these  grassy  meadows  and 
noble  trees,  and  lovely  gardens,  can  the  men  and  women  who  are  to  do  the 
work  of  this  State  hereafter,  spend  their  youth?  The  lessons  taught  by 
Nature,  in  her  most  genial  mood,  will  here  supplement  and  strengthen  the 
influence  of  the  academic  halls,  and  the  rising  generation  will  surely  learn 
here,  if  anywhere,  to  associate  sound  minds  with  healthy  bodies. 

First  Presbyterian  Church  of  San  Jose'. — -Early  in  the  Spring  of  the  year 
1849,  there  arrived  in  San  Josd  the  Rev.  John  W.  Douglass,  who  w^as  imme- 
diately appointed  to  the  position  of  Town  Chaplain;  and  from  that  date 
an  interest  in  ecclesiastical  matters  may  be  said  to  have  taken  hold  upon  the 
people  who  were  then  gathered  together  in  the  pueblo.  On  the  evening  of 
Saturday,  October  6,  1849,  there  assembled  at  the  residence  of  James  Math- 


PUL >-,'y 


Tl!  >• 


SAN    JOSlS   TOWNSHIP.  465 

ers,  besides  the  Rev.  Mr.  Douglass,  James  Mathers  and  his  wife  Sarah, 
Warren  Dutton,  S.  W.  Hopkins,  Oliver-  Crane,  Austin  Arnold,  and  Dr- 
James  C.  Cobb,  who  after  eno-aging  in  prayer,  followed  by  conversation, 
formed  the  resolution  to  organize  a  church  on  the  morrow,  after  the  Presby- 
terian form.  To  this  end  the  following  memorial  was  prepared  by  Mr.  Math- 
ers and  presented  to  the  above-named  clergyman  : — 

"  To  Rev.  John  W.  Douglass — 

*' Dear  Sir:  The  undersigned,  impressed  with  the  belief  that  the  organ- 
ization of  a  Christian  church  in  this  place  would  tend  to  promote  a  greater 
unity  of  action  in  the  cause  of  Christianity,  would  respectfully  invite  you  to 
meet  the  undersigned  and  otliers  of  like  religious  sentiments,  at  such  time 
and  place  as  you  may  please  to  designate,  for  the  purpose  of  organizing  a 
Presbyterian  Church  agreeably  to  the  usages  of  said  church. 

''James  Mathers,  Sarah  Mathers, 

"  Warren  Dutton,         Austin  Arnold. 
"  S.  W.  Hopkins,  Oliver  Crane. 

"Pueblo  de  San  Jose,  October  (jth,  1849." 

The  following  day  being  the  Sabbath  a  sermon  was  preached  by  Mr. 
Douglass,  the  words  of  the  text  being:  "Now,  therefore,  ye  are  no  more 
strangers  and  foreis^ners,  but  fellow-citizens  with  the  saints  and  of  the  house- 
hold  of  God;  and  are  built  upon  the  foundation  of  the  apostles  and  prophets, 
Jesus  Christ  himself  beinij  the  chief  corner-stone;  in  wdiom  all  the  building 
fitly  framed  together  groweth  unto  a  holy  temple  in  the  Lord."  [Ephesians 
2: 19-21.]  And  on  that  afternoon,  October  7,  1849,  a  church  was  organized 
under  the  name  of  the  Independent  Presbyterian  Church  of  San  Jose',  while 
a  Confession  of  Faith  and  a  Covenant  previously  agreed  upon  were  read, 
toofcther  with  the  names  of  those  unitinsr,  which  are  the  same  as  those 
appended  to  the  memorial  quoted  above.  This  organization  was  perfected 
in  the  Juzgado,  or  Judgment  Hall  of  the  Alcalde's  court,  where  services 
were  first  held ;  however,  after  a  short  time  the  Hall  of  Legislature  became 
the  place  of  worship.  On  October  14th  we  find  that  the  sacrament  of  the 
Lord's  Supper  was  first  administei'ed,  and  a  subsequent  communion  was  lield 
in  February,  1850,  in  "  a  blue  tent  which  Rev.  S.  V.  Blakesly  built  for  a 
school-room,  situated  on  Second  street."  Mr.  Blakesly  is  now  a  resident  of 
Oakland,  Alameda  county.  In  the  month  of  July  of  this  year,  18-50,  it  was 
contemplated  by  Mr.  Douglass  to  remove  from  San  Jos(^,  and,  on  August 
20th,  a  society  was  organized  to  take  charge  of  the  secular  interests  of  the 
church,  the  following  resolution  being  then  carried,  and  a  copy  directed  to 
be  handed  to  Rev.  Isaac  H.  Brayton,  who  had  become  the  locum  tenens  of 
Mr.  Douglass:  "Resolved,  That  in  the  event  of  Rev.  J.  W.  Douglass  leaving 
us  for  another  field  of  labor,  now  in  contemplation,  w^e  desire  the  Rev.  Isaac 

'M) 


466  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

H.  Brayton  to  become  our  stated  preacher,  and  that  we  do  hereby  extend 
our  invitation  to  him  to  labor  among  us  in  that  capacity."  Meantime,  Mr. 
Brayton  was  duly  inducted  into  the  duties  of  the  church  and  first  admin- 
istered the  sacrament,  October  6,  1850,  in  the  State  House,  on  the  fir.st 
anniversary  of  the  church's  organization.  He  was  on  the  occasion  aided  b}' 
Rev.  Mr.  Brier,  while  the  preparatory  lecture  had  been  preached  in  the  after- 
noon of  the  preceding  Friday,  October  4th.  Up  to  this  time,  as  has  been 
shown,  the  State  House  had  been  used,  in  conjunction  with  the  Baptists,  as 
a  place  of  worship.  In  the  course  of  a  few  months,  precisely  how  many  we 
are  unfortunately  unable  to  specify,  a  neat  building  of  wood  had  been  con- 
structed, capable  of  seating  about  one  hundred  and  eighty  people,  on  a  fifty- 
vara  lot,  purchased  for  the  purpose  at  a  cost  of  five  hundred  dollars,  situated 
on  the  east  side  of  Second  street,  between  Santa  Clara  and  St.  James  streets. 
This  edifice,  the  first  Presbyterian  church  built  in  San  Jos^,  constructed  at 
an  expense  of  about  three  thousand  dollars,  was  duly  dedicated  February  9, 
1851,  by  Rev  S.  H.  Willey,  just  sixteen  months  after  the  little  coterie  of 
six  earnest  Christians  had  appealed  to  the  only  clergyman  this  now  prosper- 
ous city  could  then  boast;  from  these  small  beginnings,  have  such  noble 
works  sprung.  With  the  influx  of  residents  members  were  added  to  the 
church,  the  congregation  became  larger,  and  its  affairs  required  more 
methodic  care.  Therefore,  April  13,  1851,  James  Mathers,  Sherman  Day,- 
and  Thomas  Douglas  were  elected  Elders,  while  the  pastor,  Mr.  Brayton,  was 
requested  to  keep  the  records.  Prior  to  the  period  of  which  we  now  write 
it  had  been  in  contemplation  to  alter  the  designation  of  the  church  to  that 
which  it  now  bears,  but  at  the  meeting  of  13th  April,  where  the  question  of 
the  form  of  government  was  mooted,  it  was  unanimously  decided  to  leave  it 
unchanged,  their  position  being  that  of  an  Independent  Presbyterian  Church ; 
while,  the  subject  of  connection  with  any  ecclesiastical  body  of  the  State 
remained  for  decision  whenever  such  union  might  be  deemed  desirable  by 
any  member  of  the  church.  In  the  latter  part  of  1851,  owing  to  his  associ- 
ation with  the  religious  periodical.  The  Pacific,  published  in  San  Fran- 
cisco, Mr.  Brayton  was  compelled  to  absent  himself  from  his  charge  for 
indefinite  periods,  therefore  judging  it  expedient  to  enter  upon  this  new 
field  of  labor  entirely,  he  tendered  his  resignation,  which  took  place  about 
January  5,  1852.  On  the  13th  of  that  month  there  arrived  in  San  Fran- 
cisco under  appointment  of  the  American  Seamen's  Friend  Society  the  Rev. 
Eli  Corwin,  the  appointee  to  the  Chaplaincy  of  that  port,  but  finding  on 
reaching  his  destination  that  the  position  had  been  filled  while  he  was  jour- 
neying around  Cape  Horn,  he  acceded  to  the  solicitation  of  the  Presbyterian 
Church  at  San  Jose  to  become  their  stated  supply  until  he  could  obtain  a 
release  from  the  Society  which  had  sent  him  to  California,  or  could  learn 
their  will  as  to  his  future  employment.     Mr.  Corwin  first  visited  San  Jose 


SAN  JOS^:   TOWNSHIP.  467 

and  preached  February  22,  1852,  and  about  March  1st  made  an  agreement 
to  supply  the  church  for  six  months,  but  not  arriving  until  the  last  Sabbath 
in  March,  the  2Sth,  Mr.  Brayton  in  the  interval  occupied   the   pulpit  and 
preached  his  farewell  sermon  on  the  21st.     Meanwhile  the  Seamen's  Friend 
Societv  had  released  Mr.  Corwin  from  any  bond  which   he  thought  might 
bind  him  to  them,  therefore  the  request  for  his  labor  as  stated  supply  and 
the  subscription  for  his  support  were  renewed  for  another   half-year  com- 
mencing September  1,  ]8o2.     On  March  6,  1853,  one  year  after  his  engage- 
ment as  stated  supply  of  the  church  Mr.  Corwin  preached  an  anniversary 
sermon  at  the    conclusion  of  which  he  informed  the  congregation   of   the 
receipt  by  him  of  an  urgent  solicitation  from  the  American  Seamen's  Friend 
Society  to  become  their  Chaplain  at  Callao,  Peru,  which  he  would  regard  as 
his  duty  to  accept  if  it  should  not  appear  that  the  wants  of  the  then  field  of 
his  labors  were  of  paramount  importance.     On  learning  of  this  proceeding  a 
meeting  of  the  church  and  congregation  was  convened  on  that  same  after- 
noon  when  it  was  unanimously  resolved,  "  That  the  members  and  congrega- 
tion of  the  church  entertain  the  highest  appreciation  of  the  services  of  the 
Rev.  Eli  Corwin  and  desire  by  all  means  to  secure  his  services  as  permanent 
pastor  of   the  church."     The  care  of   communicating  the  resolution  to  Mr. 
Corwin,  with  the  request  that  he  signify  his  willingness  to  accept  the  pas- 
torate of   the    church   was  committed  to  Messrs.   Ryland  and  Smith,  and 
action  being  at  once  taken,  the  preliminary  arrangements  were  duly  ratified 
and  on  Wednesday  evening  April   20,  1853,  the  call  having  been  perfected 
by  the  church,  approved  by  the   Presbytery,  and  accepted  by  Mr.   Corwin, 
he  was  installed  as  pastor,  the  inaugural  services  being  conducted  by  Revs. 
F.  Biiel,  I.  H.  Brayton,  T.  D.  Hunt  and  S.  H.  Willey.     On  April  3d  of  this 
year,  James  Mathers,  Sherman  Day  and  Thomas  Douglas  were  unanimously 
re-elected  Elders,  while  on  May  1st,  Mr.  Corwin  preached  his  initial  sermon 
as  permanent  pastor,  taking  his  theme  from  Ezekiel  13:12,  "  Lo,  when  the 
wall  is  fallen  shall  it  not  be  said  unto  you  where  is  the  daubing  wherewith 
ye  have  daubed  it?"     On  August  19th,  Mr.   Corwin  was  the  victim   of  a 
most  serious  accident  by  being  thrown  from  his  carriage,  indeed  so  severely 
injured  was  he  that  it  became  necessary  to  amputate  his  right  leg  below  the 
knee,  while,  during  his  illness  the  pulpit  was  regularly  supplied  by  various 
clerg3^men  who  considerately  had  volunteered  their  services,  but  it  was  not 
until  the  30th  October  that  Mr.  Corwin  was  enabled  to  resume  his  duties. 
Nothing  of  particular  moment  in  the  history  of  the  church  would  appear  to 
have  taken  place  during  the  remainder  of  1854  and  the  early  months  of 
1855,  save  that  on  April  1st  of  that  year  Elijah  S.  Ruggles,  Sherman  Day 
and  Dr.  J.  C.  Cobb  were  elected  Elders;  indeed,  the  same  remark  applies  to 
the  year  185G,  when  April  IGth  Sherman  Day,  Thomas  Douglas  and  James 
M.  Cutler  were  preferred  to  the  position  of  Elders.     On   November  5th  of 


468  HISTORY    OF    SANTA   CLARA    COUNTY,    CALIFORNIA. 

this  year  Mr.  Corwin,  with  the  approbation  of  the  officers  of  the  church  and 
society,  left  San  Jos^  on  a  visit  to  the  Eastern  States  for  a  period  of  twelve 
months,  during  which  time  worship  was  conducted  by  Rev.  Messrs.  Freer, 
Daniels,  Dr.  Scott,  Buell  and  Hunt,  each  on  one  Sabbath,  and  Dr.  Bushnell 
on  two  Sabbaths,  after  which  there  were  no  regular  services,  until  March  1, 
1857,  when  Rev.  I.  H.  Brayton  was  engaged  to  minister  to  the  devotional 
wants  of  the  congregation,  up  till  such  time  as  Mr.  Corwin  should  return, 
but  only  officiating  for  a  few  Sabbaths  he  was  succeeded  by  Rev.  Mr.  Pier- 
pont.  On  April  5th,  at  the  annual  election  for  Elders,  Messrs.  Day,  Cutler 
and  Douglas  were  again  chosen  to  fill  these  i-esponsible  offices.  At  the  end 
of  eleven  months  Mr.  Corwin  returned  to  his  care  of  the  church  and  preached 
on  the  morning  of  October  10th  an  appropriate  sermon  from  2  Cor.  2:21, 
"But  I  determined  this  with  myself  that  I  would  not  come  again  to  you  in 
heaviness."  -» 

From  the  middle  of  November,  1857,  to  January  3,  1858,  no  services  were 
held  on  account  of  the  church  undeigoing  repairs.     It  may  be  remembered 
that  at  a  meeting  held  April  13,  1851,  the  advisability  of  changing  the  name 
of  the  church  had  been  discussed  and  laid  over  for  some  future  time.     It 
would  appear  that  the  question  was  again  raised  in   1858,  as  the  following 
excerpt  from  the  church  records  will  indicate:  "At  a  meeting  of  the  church 
held  at  the  house  of  worship  on  this  third  day  of  June,  1858,  and  duly  con- 
stituted with  prayer  by  the  pastor,  it  was  unanimously  resolved,  that  whereas, 
that  certain  informalities  have  been  observed  in  the  making  and  recording  of 
a  certificate  of  incorporation  of  the  Ecclesiastical  Society  connected  with  this 
church,  rendering  it  desirable  to  re-organize  the  said  society  and  file  a  new 
certificate  of  incorporation,  therefore  it  is  resolved  at  this  time  to  change  the 
name  of  this  church  from  that  of  the  Independent  Church  of  San  Jose  to 
The  First  Presbyterian  Church  of  San  Jose,  by  which  style  and  title  it  shall 
hereafter  be  known."     This  resolution,  however,  did  not  take  effect,  except 
in  the  name  of  the  church,  until  some  years  later,  [March  19,  1865.]     In  the 
month  of  October  (there  are  no  means  of  arriving  at  the   correct  date  on 
account  of  a  discontinuity  in  the  records),  Mr.  Corwin  would  appear  to  have 
severed  his  connection  with  the  church,  for  we  find  that  after  a  vacancy  of 
seven  months,  the  Rev.  L.  Hamilton  in  due  form  entered  upon  his  labors  as 
pastor,  May  1,  1859,  but  he  was  not  regularly  installed  into  the  spiritual 
charge  and  oversight  of  the  church  and  congregation  until  August  5,  1860, 
when  the  sermon  was  preached  by  Rev.  E.  S.  Lacy,  of  the  First  Congi-ega- 
tional  Church,  San  Francisco;  Charge  to  the  Pastor  by  Rev.  A.  W.  White  of 
Gilroy,  and  the  Charge  to  the  Church  by  Rev.  W.  W.  Brier  of  Alvarado. 
Mr.  Hamilton's  incumbency  continued  until  the  end  of  1864. 

On  January  5,  1865,  it  was  decided  to  extend  a  call  to  the  Rev.  William 
Wisner  Martin,  of  San  Francisco,  which  was   accepted  by  that  gentleman 


SAN   JOSl^:   TOWNSHIP.  469 

January  10th.  We  may  here  notice  that  the  Elders  who  signed  the  call  to 
Mr.  Martin  were  Thomas  Douglas  and  James  M.  Cutler,  while  appended  to 
the  document  are  also  the  names  of  five  trustees,  viz.:  J.  C.  Potter,  James  C 
Cobb,  A.  J.  Houghton,  Levi  H.  Hare,  and  M.  Leavenworth.  Mr.  Martin  was 
duly  installed  and  entered  upon  his  duties  with  much  fervor.  At  a  meeting  over 
which  he  presided  held  March  19,  1865,  the  rule  in  respect  to  the  election 
of  Elders,  pas.sed  April  13,  1851,  was  repealed  and  the  following  order  substi- 
tuted :  "  Resolved,  That  we  now  proceed  to  elect  by  ballot  two  Elders  to  serve 
for  four  years,  and  two  others  to  serve  for  two  years;  and  that  from  this 
time  onward  the  number  of  Elders  in  this  church  shall  be  four,  two  to  be 
chosen  at  the  expiration  of  every  two  years,  and  the  term  of  office  for  each 
to  be  for  four  years;  and  if  at  any  time  this  biennial  election  should  be  omit- 
ted, those  previously  chosen,  whose  term  of  office  was  then  to  expire,  shall  be 
considered  as  having  been  re-elected  and  shall  continue  to  discharfje  the  duties 
of  the  position  in  the  same  manner  as  if  chosen  in  full  form."  Upon  the 
adoption  of  the  foregoing,  Thomas  Douglas  and  James  M.  Cutler  were  chosen 
for  the  period  of  four,  and  Levi  H.  Hare  and  F.  A.  Bancroft  for  two  years. 
These  proceedings  ended  the  pastor  addressed  the  meeting  at  considerable 
length,  upon  the  position  of  the  church  as  an  independent  organization,  and 
earnestly  requested  them  to  unite  with  the  Presbytery  of  San  Jose',  and  thus 
connect  theirs  with  the  General  Assembly  of  the  New  School  Presbyterian 
Church.  In  the  course  of  his  remarks  Mr.  Martin  read  a  letter  from  Rev. 
L.  Hamilton,  his  predecessor,  strongly  urging  the  same  measure.  The  fol- 
lowing resolution  was  then  offered  by  Mr.  James  Cutler:  "Resolved,  That 
we  connect  ourselves  with  the  New  School  Presbyterian  Church  through  the 
Presbytery  of  San  Josd,  and  that  our  pastor  be  appointed  a  committee  of 
one  to  present  our  wishes  to  the  Presbytery  in  proper  form."  A  discussion, 
indicating  on  the  part  of  some  to  have  the  matter  postponed,  then  ensued, 
when  the  resolution  was  put  to  the  assembly  and  carried  by  a  vote  of  forty 
in  favor  to  five  in  opposition.  Thus  it  was  not  until  March  19,  1865,  that 
the  present  name  of  the  church  was  assumed.  In  this  month  the  Rev.  Mr. 
Martin  was  taken  ill,  so  much  so  that  he  was  obliged  to  leave  his  church  and 
congregation  for  the  purpose  of  obtaining  the  best  medical  advice  possible, 
while  such  was  the  esteem  in  which  he  was  held  that  he  was  accompanied 
in  his  journey  to  San  Francisco  by  sevei'al  of  his  pari.shioners.  During  his 
illness  and  absence  the  pulpit  was  supplied  by  different  clergymen,  among 
them  being  Rev.  J.  H.  McMonagle,  Hospital  Chaplain,  U.  S.  A.,  who,  April  16^ 
1865,  the  first  Sabbath  after  the  assassination  of  President  Lincoln,  preached 
a  memorial  sermon  admirably  adapted  to  the  occasion  though  with  but  a 
very  few  hours  for  preparation;  while  among  others  who  officiated  wei*e  the 
Rev.  W.  M.  Martin,  the  father  of  the  incumbent,  and  the  Rev.  Messrs.  Tay- 
lor, Bannister,  Tuthill  and  Webber.     We  cannot  do  better  in  this  place  than 


470  HISTORY    OF   SANTA    CLARA    COUNTY,    CALIFORNIA. 

quote  the  sympathetic  lines  of  Thomas  Douglas,  the  Clerk,  as  recorded  on 
New  Year's  day,  1866.  He  says:  "The  history  of  our  church  during  the 
past  year  is  one  of  mingled  joy  and  sorrow.  At  its  commencement 
the  Rev.  William  Wisner  Martin,  a  graduate  of  Yale  College  and  of  the 
Union  Theological  Seminary  of  New  York,  a  young  clergyman  of  great 
promise,  had  just  entered  upon  his  pastorate  amongst  us  with  the  highest 
prospects  of  usefulness.  He  had  been  invited  to  labor  amongst  us  with  great 
cordiality  and  unanimity.  From  the  very  tii'fit  his  preaching  seemed  to  be 
attended  with  the  special  influences  of  the  Spirit.  A  deep  religious  interest 
was  soon  manifest  in  the  congregation,  especially  among  the  children  and 
youth  connected  with  the  Sabbath-school.  The  regular  church  prayer-meet- 
ings soon  became  full  and  interesting,  and  other  meetings  were  appointed 
which  were  equally  weH  attended." 

Mr.  Martin  never  returned  to  his  parish,  but  was  succeeded  b}'  Rev.  James 
S.  Wylie  as  stated  supply.  On  June  10,  1866,  on  the  congregation  learning 
that  he  had  calls  from  the  Presbyterian  Church  in  Napa  and  that  in  Port- 
land, Oregon,  a  meeting  was  held,  when  it  was  proposed  by  Josiah  Belden, 
that  a  request  be  extended  to  Mr.  Wylie  to  become  the  permanent  pastor  of 
the  First  Presbyterian  Church  of  San  Jose.  On  the  following  day  a  call 
was  addressed  to  Mr.  Wylie  by  Elders  Thomas  Douglas,  James  M.  Cutler, 
and  Levi  H.  Hare,  and  Trustees  James  C.  Cobb,  China  Smith,  A.  J.  Hough- 
ton, Levi  H.  Hare,  and  Mark  Leavenworth,  and  by  him  accepted,  under  date 
July  20,  1866,  but  ere  commencing  his  duties  he  received  six  weeks'  leave  of 
absence,  during  which  the  pulpit  was  occupied  by  the  Reverend  Messrs. 
George  Pierson;  McLaren,  Chaplain  of  the  United  States  steamer  Lancaster; 
S.  T.  Wells;  and  Professor  Tuthill,  of  Santa  Clara;  Mr.  Wylie  resuming  his 
labors,  meanwhile,  and  preaching  July  22,  1866.  The  only  other  item  of 
importance  to  note,  as  having  occurred  in  the  year  1866,  was  an  invitation 
to  the  Rev.  A.  B.  Earl,  the  Evangelist,  to  give  the  city  of  San  Jose'  the  benefit 
of  his  labors;  such  a  request  was  not  matured,  however,  without  several 
conversations  between  the  pastor  and  members  of  the  church,  as  well  as  with 
those  of  other  churches,  and  the  proposition  being  accepted,  he  commenced 
preaching  January  23,  1867,  the  meetings  being  held,  principally,  in  the 
edifices  of  the  Methodist,  North;  Presbyterian;  Baptist;  and  Methodist, 
South ;  the  members  of  the  church,  now  under  notice,  joining  in  all  the 
numerous  and  varied  services,  with  much  unanimity  and  cordiality.  These 
meetings,  it  is  said,  were  crowded  during  the  two  weeks  of  Mr.  Earl's  sojourn, 
not  alone  by  church  members,  but  by  numerous  citizens  unconnected  with 
any  denomination,  while  the  impression  made  was  solenm  and  lasting.  As 
a  result,  about  two  hundred  subsequently  united  with  the  different  churches. 
Owing  to  the  departure  of  F.  A.  Bancroft  from  San  Jose,  an  election  for  one 
Elder  to  fill  the  vacancy,  was  held,  April  13,  1867,  when  also  it  was  recom- 


SAN    JOSfi   TOWNSHIP.  471 

mended  that  Deacons  should  be  elected  to  attend  to  tlie  wants  of  the  poor  of 
the  church.  In  accordance  with  these,  the  following  rule  amendatory  to  that 
passed  March  19,  1865,  was  adopted:  "The  officers  of  this  church  shall 
hereafter  consist  of  four  Elders  and  four  Deacons,  two  of  each  class  to  be 
chosen  at  the  expiration  of  every  two  years,  and  the  term  of  office  for  each 
person  so  chosen  to  be  for  four  yeai-s,  and  if  at  any  time  this  biennial  election 
be  omitted,  those,  whose  term  of  office  was  then  to  expire,  shall  be  considered 
as  having  been  re-elected,  and  shall  continue  to  discharge  the  duties  of  their 
position  in  the  same  manner  as  if  re-chosen  in  full  form.  Said  biennial 
election  hereafter  to  take  place  on  the  first  Sabbath  in  April,  and  the  term  of 
those  now  in  office,  and  of  those  now  to  be  chosen,  shall  expire  on  that  day 
instead  of  on  the  19th  of  March,  as  formerly."  A  ballot  was  then  taken 
which  resulted  as  follows:  Edward  Percy  Reed,  Elder  for  four  yeai's;  John 
B.  Price  and  Elbert  Joseph  Wilcox,  Deacons  for  four  years;  Isaac  Bird  and 
A.  J.  Houghton,  Deacons  for  two  years. 

May  23,  1867,  consequent  upon  the  intention  of  Mr.  Wylie,  expressed  at  a 
meeting  held  April  1st,  of  that  year,  to  withdraw  from  the  Old  School  Pres- 
bytery and  unite  with  the  New  School,  the  reverend  gentleman  was 
installed  by  the  Presbytery  of  San  Jose  as  pastor,  the  following  clergymen 
taking  part  in  the  inductional  services:  Reverends  Charles  Wadsworth,  D.  D., 
of  San  Francisco;  J.  M.  Alexander,  of  San  Leandro;  W.  W.  Brier;  G.  Pierson, 
of  Brooklyn,  and  L.  Hamilton.  On  October  10, 1868,  Mr.  Wylie  started  over- 
land to  the  Eastern  States,  on  leave  of  absence,  for  the  benefit  of  his  health ; 
while,  on  the  21st,  the  following  note  is  recorded:  "This  morning  about  eicfht 
o'clock,  occurred  the  severest  earthquake  that  has  been  known  in  Cali- 
fornia, since  its  occupation  and  possession  by  citizens  of  the  United  States. 
Our  church  edifice  was  greatly  damaged.  The  brick  tower  in  front,  upon 
M^hich  rested  the  tall  spire,  was  badly  cracked  and  shattered,  the  small  orna- 
mental turrets  standing  upon  the  corners,  excepting  one,  were  all  thrown  down ; 
one  of  them  passing  through  the  roof,  swept  along  with  it  the  frame- work  of 
the  ceiling,  with  the  lath  and  plastering  over  the  orchestra,  filling  it  with 
rubbish  and  broken  timbers,  breaking  with  its  weight,  and  almost  covering 
up  the  melodeon  with  a  mass  of  ruins;  at  the  same  time  communicating  such 
a  shock  to  the  entire  ceiling  of  the  audience  room,  as  to  throw  down  a  large 
portion  of  the  plastering  and  of  the  thicker  and  heavier  cornice  w^ork,  there- 
by damaging  the  .seats,  cushions  and  carpet,  thus  rendering  the  whole  build- 
ing unsafe  and  unfit  for  purposes  of  worship,  without  thorough,  extensive, 
and  expensive  repairs."  After  this  catastrophe,  prayer-meetings  were  held 
in  the  hall  of  the  Young  Men's  Christian  Association. 

In  reference  to  the  leave  of  absence  granted  to  Rev.  Mr.  Wylie,  that  gen- 
tleman returned  to  California  at  the  end  of  four  months  with  his  health 
unimproved.     He  therefore  proceeded  directly  to  Napa,  and  from  there  under 


472  HISTORY    OF    SANTA   CLARA    COUNTY,   CALIFORNIA. 

date  March  15,  18C9,  tendered  his  resignation  to  the  Elders  and  Trustees 
of  the  First  Presbyterian  Church  of  San  Josd,  which  was  duly  accepted  in 
meeting  assembled,  March  25th.  We  have  said  above  that  after  the  earth- 
quake the  usual  prayer-meetings  were  held  in  the  Young  Men's  Christian 
Association's  building;  it  should  also  be  mentioned  that  no  separate  denom- 
inational services  were  held,  but  the  congregation,  according  to  prefer- 
ence, worshipped  with  the  other  religious  bodies  in  the  city,  but  on  April 
4th  the  repairs  to  the  building  being  then  in  the  course  of  completion,  Var- 
ney's  Hall  was  secured  and  the  assistance  of  Rev.  P.  V.  Veeder  of  the  City 
College,  San  Francisco,  engaged.  At  the  regular  biennial  meeting  held  on 
this  day  the  following  elections  took  place:  James  M.  Cutler  and  Thomas 
Douglas  to  be  Elders  for  four  years,  (re-elected) ;  and  Isaac  Bird  and  China 
Smith,  the  latter  of  whom  was  chosen  in  the  place  of  A.  J.  Houghton,  who  was 
so  ill  that  it  was  thought  he  would  be  unable  to  live,  to  be  Deacons  for  a  like 
term.  Let  us  for  a  moment  take  a  retrospective  glance  at  the  affairs  of  the 
church.  It  will  be  unforgotten  that  the  Rev.  James  S.  Wylie  tendered  his 
resignation  after  a  journey  to  the  Eastern  States,  March  15th— such  retire- 
ment to  take  effect  from  the  first  of  that  month — which  was  accepted  on  the 
25th.  On  the  8th  of  April  the  Presbytery  of  San  Jose  approved  the  same 
and  appointed  Rev.  F.  L.  Nash  to  officially  declare  the  church  vacant,  a  duty 
which  was  performed  by  him  at  a  meeting  held  April  18th,  in  the  school- 
room over  Armory  Hall.  The  Elders  and  Trustees  then  commenced  the 
labor  of  procuring  a  fit  successor ;  prominent  clergymen  in  San  Francisco 
and  elsewhere  recommended  various  ministers,  conspicuous  amongst  them 
being  Rev.  Dr.  Cunningham  of  Philadelphia.  Meantime  the  necessary 
repairs  to  the  church  caused  by  the  earthquake,  were  completed  at  a  cost  of 
about  five  thousand  dollars,  and  the  Rev.  Eli  Corwin,  one  of  the  earlier  pas- 
tors, engaged  to  preach  the  re-dedicatory  sermon  on  Sabbath,  May  IG,  1869. 
An  attempt  was  made  at  this  time  to  obtain  the  services  of  Rev.  J.  P.  Moore, 
who  had  occupied  the  pulpit  on  several  occasions,  for  six  months,  on  a  regu- 
lar salary,  but  owing  to  pre-engagements  in  San  Francisco  he  was  unable  to 
fulfill  their  desires,  thus  the  church  was  without  a  regular  pastor  until  the 
engagement  of  Rev.  James  A.  Skinner  as  stated  supply  for  two  months, 
pending  the  fruition  of  their  labors.  All  hopes  of  obtaining  Dr.  Cunning- 
ham as  pastor  were  for  the  while  abandoned,  and  September  2,  1869,  it  was 
voted  to  call  the  Rev.  Jesse  W.  Hough,  of  Jackson,  Michigan;  this,  however, 
was  declined  by  telegram.  While  the  pulpit  was  without  a  permanent  min- 
ister, vacant  by  the  resignation  of  Rev.  James  S.  Wylie,  intelligence  was 
received  of  the  untimely  death  of  that  gentleman  at  Napa,  October  28, 18G9. 
At  a  meeting  of  the  Session  held  October  31st,  the  Rev.  James  A.  Skinner, 
acting  as  moderator,  was  requested  to  prepare  resolutions  expressive  of  their 
feelings  in   view  of  the    death    of   their   late  pastor,  these  being    adopted 


SAN   JOS£   TOWNSHIP.  473 

November  4th,  and  are  as  under:  "  Whereas,  Tliis  Session  has  learned 
with  regret  of  the  death  of  Rev.  James  A.  Wylie,  who  entered  into  rest  at 
Napa,  on  Thursday,  October  28th,  in  the  thirtieth  year  of  his  age,  having 
for  three  years  been  the  faithful  pastor  of  this  church  ;  therefore.  Resolved, 
First,  That  while  deeply  mourning  this  atttictive  dispensation  of  God's  holy 
Providence  in  the  early  death  of  one  so  gifted,  earnest  and  successful  in  the 
work  of  the  ministry;  who  showed  himself  among  us,  approved  of  God,  a 
workman  who  needeth  not  be  ashamed,  rightly  dividing  the  word  of  truth, 
we  can  but  rejoice  in  the  covenant  faithfulness  of  the  Great  Head  of  the 
church,  who  made  our  beloved  brother  a  gracious  instrument  for  good  to  this 
congregation,  comforted  him  during  his  months  of  languishing  pain,  and 
manifested  his  loving  presence  and  saving  power  in  his  triumph  over  death- 
Second,  That  we  tender  to  the  relatives  of  our  pastor,  es[)ecially  to  his 
father.  Rev.  James  Wylie,  and  to  his  brother,  Rev.  Richard  Wylie,  our  heart- 
felt sympathy  in  this  bereavement,  and  the  earnest  assurance  that  they  are 
remembered  in  the  prayers  of  a  people  grateful  for  the  fidelity  and  zeal  of 
one  so  dear  to  them  in  his  work  of  winning  souls  to  Christ."  On  motion 
these  were  unanimously  adopted,  while  it  was  voted  to  send  a  copy  of  the 
same  to  the  father  and  brother  mentioned  above,  as  also  a  ti-anscript  to  each 
of  the  religious  papers,  the  Occident  and  Pacific,  with  the  request  that  the 
same  might  be  published. 

After  failing  to  procure  the  services  of  Dr.  Cunningham,  several  letters 
were  received  by  the  Session  highly  recommending  Rev.  William  Alexander, 
of  Beloit,  Wisconsin,  to  whom  a  call  was  sent,  which  he  accepted  by  letter 
arriving  October  26th.  He  arrived  in  San  Jose  on  the  22d  of  November,  and 
on  the  Sabbath  next  ensuing,  the  28th,  commenced  preaching;  the  same 
being  the  expiration  of  the  period  for  which  Rev.  Mr.  Skinner  had  been  en- 
gaged as  stated  supply.  Of  this  gentleman  we  find  the  following  valedic- 
tory record-  "  The  able  services  and  faithful  labors  of  Mr.  Skinner,  during  the 
two  months  in  which  he  had  been  with  us  as  stated  supply,  having  been  very 
acceptable  to  the  church  and  congregation,  a  farewell  gathering,  numerously 
attended,  was  held  for  him  on  the  eve  before  his  departure,  at  the  residence 
of  Dr.  Benjamin  Cory,  at  the  close  of  which,  as  an  expression  of  our  grati- 
tude, and  as  a  parting  memento,  a  purse  of  over  two  humh-ed  dollars  in  gold 
coin  was  presented  to  him,  in  addition  to  the  stipulated  salary  which  had 
been  previously  paid  him." 

At  the  commencement  of  the  year  1871,  a  statement  of  expenditure,  con- 
sequent on  the  earthquake  of  October  21,  1868,  is  minuted.  It  proves  that 
expenses  under  that  head  amounted  to  no  less  than  five  thousand  dollars; 
Before  that  time,  says  Mr.  Douglas,  the  Clerk,  in  a  note,  a  suitable  build- 
ing for  a  pastor's  study  had  been  erected,  and  fitted  up,  on  the  church  lot; 
alterations  and  repairs,  somewhat  extensive,  had  also  been  made  in  the  old 


474  HISTORY    OF   SANTA    CLARA   COUNTY,    CALIFORNIA. 

church  building  used  for  conference  and  prayer-meetings,  and  for  the  hold- 
ing of   Sabbath-school,  while,  during   the  year   1869.  a  bell  had  been  pur- 
chased and  suspended  in  the  tower  of  the  church,  at  an  expense   of  eleven 
hundred  dollars.     This  sum,  with   a  few  extras,  made  the   church  liability, 
at  the  beginning  of  1871,  to  be  about  seven  thousand,  two  hundred  dollars- 
To  liquidate  it,  a  plan  was  propo.sed  to  the  trustees,  by  George  H.  Hare,  to 
divide  the  debt  into  three  hundred  shares,  of  twenty-four  dollars  each,  to  be 
taken  and  paid  for  at  the  rate  of  fifty  cents  per  week  on  each  share,  which 
was  unanimously  acceded  to  by  the  Board.     Mr.  Hare,  himself,  undertaking 
to  collect  the  weekly  subscriptions  on  the  shares  thus  taken.     On  April  2d, 
the  election  of  the  following  officials  took  place:  Levi  H.  Hare,  Henry  High- 
land Reynolds,  Elders  for  four  years;  James  C.  Cobb,  M.  D.  (who,  declining 
to  serve,  was,  on  June   22d,  succeeded  by  Dr.  Berryman  Bryant).  Thomas 
Douglas,  Elders  for  tw'o  years;  John  B.  Price,  Elbert   Joseph  Wilcox,  Dea- 
cons for  four  years;  Isaac  Bird,  China  Smith,  M.  D.,  Deacons  for  two  years; 
and,  on  the  25th  of  the  same  month,  at  the  semi-annual  meeting  of  the  Pres- 
bytery, held  at  Centerville,  Mr.  Douglas  was  chosen  as   Lay   Commissioner 
to  accompany  Rev.  John  Edwards,  appointed  Clerical  Commissioner  to  the 
General  Assembly  of  the  Presbyterian  Church,  convened  that  year  at  Chi- 
cago.    Mr.  Douglas  was  absent  from  May  9th  until  August  11th.      It  should 
here  be  stated  that,  on  May  19th,  the  pastor  received  an  invitation  to  accept 
the  Presidency    of   the  Presbyterian  (City)  College,  and  the  next  Sabbath 
tendered  his  resignation  (which  was  agreed  to),  to  take  effect  from  1st  June_ 
Mr.  Alexander  preaching  his  closing  sermon.  May  28,  1871.      At  this  time,  the 
Rev.  John  F.  Kendall,  a  brother  of  Rev.  Dr.  Kendall,  Secretary  of  the  Pres- 
byterian Board  of  Home  Missions,  and  late  pastor  of  a  Presbyterian  Church 
in  Columbus,  Ohio,  who  had  been  preaching  with  great  acce  ptance  in   San 
Francisco,  on  July  2d,  officiated  in  the  pulpit  just  vacated    by  Mr.  Alexan- 
der, and  so  pleased  were  the  congregation  with  him,  that  at    a  meeting  held 
July  9th,  it  was  resolved  to  request  Mr.  Kendall  to  become   their  pastor,  a 
call  which  was,  however,  declined.     During  the  time  between  the  calling  of 
the  last-named  clergymen  and  the  middle  of  the  month  of  September,  serv- 
ices were  performed  by  different  ministers,  among   chem  being  Rev.  Eben 
Munson  Betts,  of    the  Congregational   Church  in   Santa   Barbara,  who  so 
favorably  impressed  his  hearers,  that  on  September  17th,  it  was  decided,  in 
meeting  assembled,  to  extend   a  call   to   him.     The   document,  which  was 
signed  by  E.  J.  Wilcox,  E.  P.  Reed,  H.  B.  Alvord,  C.   S.  Crydenwise,  Clar- 
ence L.  Anderson,  Trustees;  B.  Bryant,  Thomas  Douglas,  L.  H.  Hare,  H.  H 
Reynolds,  Elders;  and  E.  J.  Wilcox,  J.  B.  Price,  China   Smith,  Isaac  Bird, 
Deacons;  was  duly  transmitted  to  Mr.  Betts,  who  accepted  by  letter  dated 
October   2d,  arrived  in  San  Jose,  about  the  middle  of  the  month,  and  com- 
menced preaching  October    22d,   1871,  being   afterwards  installed    by  the 


SAN  J0S6   TOWNSHIP.  475 

Presbytery,  January  20,  1872,  on  which  occasion  the  following  clergymen 
took  part:  Reverends  John  Hemphill,  of  Calvary  Church,  San  Francisco  ; 
A.  J.  Compton,  of  Watsonville ;  S.  W.  Webb,  of  Alameda  ;  A.  M.  Stewart, 
of  Gilroy;  and  A.  B.  Post,  of  Santa  Clara.  We  may  state  in  tliis  place,  that 
in  reference  to  the  church  liability  heretofore  mentioned,  as  well  as  the 
method  suggested  to  liqui<late  it,  on  February  1,  1872,  a  sum  of  five  thou- 
sand dollars  had  been  raised  in  accordance  with  Mr.  Hare's  plan,  while  the 
story  of  the  church  finances  then  are  most  simply  expressed  in  the  records: 
"When  Mr.  Alexander  came,  we  were  nearly  seven  thousand  dollars  in  debt. 
From  the  contributions  above  alluded  to,  and  other  sources,  in  about  two 
years  it  was  reduced  to  less  than  two  thousand.  When  Mr.  Betts  was 
installed,  the  debt  unprovided  for  amounted  to  only  about  sixteen  hundred 
dollars."  In  the  month  of  May  of  this  year,  a  communication  was  received 
by  the  Board  of  Trustees  from  the  Trustees  of  the  Central  Presbyterian 
Church,  of  San  Francisco,  offering  to  sell  their  organ  for  two  thousand 
dollars.  Subsequently,  E.  P.  Reed,  acting  for  the  Trustees,  ascertained  that 
the  best  terms  on  which  the  instrument  could  be  purchased,  were  as  follows: 
Two  thousand  dollars  in  gold  coin,  payable  December  1,  1872,  the  organ  to 
be  delivered  on  the  cars  at  the  depot  in  San  Francisco.  To  defj'ay  this  and 
attendant  expenses,  a  subscription  sheet  was  drawn  up,  and  circulated 
among  the  members  of  the  church  and  congregation,  and,  in  an  exceeding 
short  time,  more  than  the  entire  amount  was  pledged,  the  bargain  being  closed 
June  28th.  To  accommodate  the  instrument,  the  niche  to  the  back  of  the 
pulpit,  in  the  rear  wall  of  the  church,  was  enlarged,  by  removing  the  brick 
work,  and  extending  it  outward,  at  a  cost,  for  material  and  mason  work, 
of  three  hundred  dollars.  Due  preparation  having  thus  been  made,  Messrs. 
McCraith  &  Shellard,  of  San  Francisco  were  employed  to  set  it  up, 
their  expen.ses  being  some  two  hundred  and  twenty-five  dollars;  and 
in  the  course  of  a  week,  the  instrument  was  in  its  place,  and  ready 
for  use,  the  expenditure  being,  up  to  the  time,  about  two  thousand, 
six  hundred  dollars.  In  this  regard,  the  records  ^la'ively  state  :  "  It  was 
a  remarkable  exception  to  ordinary  results  in  such  cases,  tliat  our  sub- 
scriptions to  the  Organ  Fund,  which  were  actually  paid  into  the  Treas- 
urer, exceeded  the  sum  expended  for  the  organ  and  attendant  expenses  by 
more  than  a  hundred  dollars."  Nothing  of  further  moment  in  the  affairs  of 
the  church  would  appear  to  have  occurred  during  the  year  1872,  save  that 
on  August  29th  the  pulpit  was  occupied  by  Rev.  John  Hall,  D.  D.,  of  the 
city  of  New  York,  celebrated  as  a  preacher  and  distinguished  for  great 
excellence  of  character.  During  the  month  of  August,  1873,  Rev.  Mr.  Betts 
received  a  month's  vacation,  when  his  duties  were  performed  by  Reverends 
Clement  E.  Babb,  D.  D.,  and  J.  Rowell,  Chaplain  of  the  Seaman's  Church, 
San  Francisco;  while,  about  this  time  the  finances  of  the   church  were  pro- 


476  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

nounced  to  be  in  a  not  very  flourishing  condition.  To  relieve  it,  however, 
of  the  incubus  of  debt,  several  schemes  were  devised,  efforts  were  made  on 
the  part  of  the  Trustees  to  rent  the  pews  in  such  a  manner  as  to  raise  as 
much  money  as  possible,  and  all  other  means  resorted  to  by  the  ladies  and 
other  members  of  the  congregation  to  obtain  funds,  still,  the  point  where 
steady  and  regular  income  would  meet  current  expenses  had  not  been  gained, 
it  was  therefore  in  meeting  unanimously  voted  that  the  plan  known  in 
the  Eastern  States  as  the  Envelope  System  should  be  adopted.  In  addition 
to  this  a  railroad  excursion  to  San  Francisco  which  netted  more  than  three 
hundred  dollars  was  undertaken,  while,  by  means  of  the  indefatigable  exer- 
tions of  certain  ladies  of  the  church,  a  large  sum  was  added,  for  which  they 
received  the  unbounded  thanks  of  all,  the  Trustees  at  the  same  time,  Janu- 
ary 3,  1874,  passing  the  following  resolution:  "  Resolved,  That  the  thanks 
of  the  Trustees  are  due,' and  are  hereby  tendered  to  Mrs.  Dr.  B.  Bryant,  Mrs. 
E.  M.  Betts,  Mrs.  Dr.  China  Smith,  and  Mrs.  Dr.  Spaw,  for  their  patient, 
untiring,  and  successful  efforts  in  collecting  the  sum  of  three  thousand  eight 
hundred  and  eleven  dollars  and  twenty-five  cents,  which  has  been  applied  as 
follows,  viz.,  three  thousand  three  hundred  and  three  dollars  and  fifty  cents 
in  payment  of  the  interest-bearing  debt  of  the  church,  and  five  hundred  and 
seven  dollars  and  seventy-five  cents  paid  over  to  the  Treasurer.  Resolved, 
That  the  Clerk  be  instructed  to  read  this  resolution  before  the  society  at  the 
annual  meeting,  and  to  spread  the  same  on  the  minutes."  Thus  by  "  put- 
ting the  shoulder  to  the  wheel,"  the  new  year  of  1874  saw  the  church  liabil- 
ties  reduced  to  but  one  thousand  dollars.  In  the  month  of  April  a  change 
in  the  mode  of  church  praise  had  been  effected,  the  quartette  being  dis- 
banded and  Professor  J.  H.  Elwood  appointed  leader  of  the  new  choir,  while 
Everett  Pomeroy  was  engaged  as  organist.  On  May  3,  1874,  we  find  an 
election  of  Elders  was  held,  when  Frederick  Field  was  selected  to  fill  the 
unexpired  term  of  Levi  H.  Hare,  who,  with  his  son  George  H.  Hare,  had 
removed  to  Kern  county.  The  first  of  these  gentlemen  had  been  for  a  num- 
ber of  years  a  most  faithful  and  efficient  Elder,  while  the  last  had  been,  for 
fifteen  months,  the  eminently  successful  Superintendent  of  the  Sabbath- 
school.  In  this  month  the  question  of  increasing  the  number  of  Elders  and 
Deacons  occupied  considerable  attention,  a  meeting  to  discuss  the  matter  was 
therefore  convened  June  14th,  when  prior  to  its  ventilation,  the  resignation 
of  Deacons  John  B.  Price  and  China  Smith  were  placed  in  the  hands  of  the 
Session  and  accepted.  The  following  new  rule  was  therefore  prepared,  com- 
mented on  and  adopted  without  dissent:  "  The  ofiicers  of  this  church  shall 
hereafter  consist  of  six  Elders  and  six  Deacons,  two  of  each  class  to  be  chosen 
at  the  expiration  of  every  two  years,  and  the  term  of  office  for  each  person 
so  chosen  to  be  for  six  years ;  and  if  at  any  time  this  biennial  election  be 
omitted,  the  officers  whose  terms  of  office  were  then  to  expire,  shall  be  con- 


SAN   JOS#.   TOWNSHIP.  477 

sidered  as  having  been  re-elected,  an'l  shall  be  expected  to  discharge  the 
duties  of  their  position,  in  the  same  manner  as  it'  re-chosen  in  full  form. 
Said  biennial  election  to  take  place  as  heretofore,  on  the  first  Sabbath  in 
April."  The  ballot  was  then  proceeded  with  resulting  as  follows:  Elders, 
Frederick  Field,  Henry  H.  Reynolds,  Dr.  Berryman  Bryant,  Thomas 
Douglas,  Dr.  China  Smith,  Dr.  C.  W.  Breyfogle;  Deacons,  Elbert  J.  Wil- 
cox, I.  J.  Zimmerman,  John  M.  Fleming,  George  W.  McLellan,  John 
Johnston,  Clark  S.  Crydenwise.  During  the  vacation  of  the  pastor  mentioned 
above  it  was  deemed  requisite  to  utilize  the  time  in  making  .some  very  nec- 
es.sary  repairs  to  the  auditorium,  when  no  services  were  held  in  the  church; 
these  being  completed,  however,  Mr.  Betts  resumed  his  ministerial  duties 
early  in  Augu.st.  In  the  latter  part  of  this  year  the  question  of  inviting  the 
Rev.  Edward  Payson  Hammond,  the  distinguished  Evangelist,  to  labor  in 
San  Jose,  had  occupied  the  attention  of  the  ministers,  officers  and  members 
of  the  different  Evangelical  churches,  especially  those  of  the  Methodist,  Bap- 
tist, United  Presbyterian,  and  Presbyterian  denominations,  who  having  held 
converse  among  themselves,  agreed  with  pleasant  and  cordial  unanimity  that 
such  request  should  be  made.  It  was  accepted  and  special  services  under 
Mr.  Hammond's  leadership  commenced  on  New  Year's  day,  1875.  For  more 
than  two  weeks  union  meetings  were  held  every  forenoon,  when  audiences 
assembled  to  the  number  of  live  hundred  and  more ;  at  noon  preachings 
were  held  at  convenient  places  in  the  streets,  while  at  3  p.  m.,  meetings  for 
the  benefit  of  children  were  sometimes  convoked.  In  the  evenings  at  seven 
o'clock  assemblies  said  to  average  two  thousand  persons,  listened  to  Mr. 
Hammond  in  the  Music  Hall,  other  ministers  joining  with  earnest,  able  and 
impressive  exhortations.  As  the  result,  hundreds  professed  a  change  and 
commenced  with  apparent  heartiness  the  work  of  living  Christian  lives . 

On  April  4,  1875,  an  election  was  held  for  the  choice  of  Elders  and  Dea- 
cons, when  those  holding  office  were  retained,  and  on  the  11th,  consequent 
on  the  necessary  leave  granted  to  the  pastor  to  attend  the  General  Assembly 
at  Cleveland,  Ohio,  to  which  he  had  been  appointed  Clerical  Commissioner, 
at  his  suggestion,  the  Rev.  William  Howel  Taylor  was  requested  to  assume 
the  duties  for  Mr.  Betts  for  the  space  of  two  months,  this,  however,  he  was 
compelled  to  decline;  it  was  therefore  decided  at  an  infornial  meeting  of  the 
Session  to  employ  different  clergymen  from  San  Francisco  and  elsewhere. 
Mr.  Betts,  accompanied  by  Dr.  Berryman  Bryant,  left  for  the  Eastern  States 
May  12,  1875.  In  the  last-mentioned  month,  though  not  a  portion  of  our 
especial  subject,  it  may  be  as  well  to  state,  the  United  Presbyterian  Church, 
wdio  had  organized  November  6,  1874,  had  certain  members  of  the  First 
Presbyterian  Church  dismissed  to  them,  among  these  being  John  M.  Flem- 
ing, one  of  the  Deacons.  At  the  expiration  of  three  weeks  Mr.  Betts 
returned  from  his  furlough,  his  duties  in  the  meantime  having  been  per- 


478  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

formed  by  Reverends  Sylvester  Woodbridge,  D.  D.,  of  San  Francisco; 
George  Mooar,  D.  D.,  of  Oakland;  Clement  E.  Babb,  D.  D.,  D.  W.  Poor, 
D.  D.,  of  Oakland;  J.  Rowell,  Seamen's  Chaplain  at  San  Francisco; 
and  J.  K.  Andrews,  of  Mahoningtown,  Lawrence  county,  Pennsylvania. 
At  a  meeting  of  the  church  and  society,  convened  October  4,  1875,  the 
following  business  was  transacted  :  The  Treasurer's  report  was  presented, 
showing  the  liability  of  the  church  to  be  one  thousand  five  hundred  and 
twenty-two  dollars,  fifteen  cents ;  an  election  of  ofiicers  for  the  society 
resulted  in  the  choice  of  Judge  C.  M.  Teri-y  for  Moderator;  H.  H.  Reynolds, 
Treasurer;  David  Bryant,  Collector;  Trustees,  J.  K.  Warren,  Delos  G. 
Kent,  J.  R.  Whiting,  James  Edward  Baker,  and  E.  P.  Reed ;  Deacons  were 
then  elected  to  fill  the  unexpired  terms  of  John  M.  Fleming  and  Isaac  J. 
Zimmerman,  the  former  of  whom  had  joined  the  United  Presbyterian  Church, 
and  the  latter  removed^  his  residence  to  San  Francisco,  the  choice  fell  upon 
James  Edward  Baker  and  Wesley  E.  Hughes;  the  meeting  then  closed  for  the 
purpose  of  attending  the  auction  of  pews,  which  promised  to  realize  the  sura  of 
sixteen  hundred  and  twelve  dollars,  fifty  cents.  It  is  always  a  difficult  task 
for  the  casual  chronicler  to  record  with  delicate  force  the  gap  caused  by  the 
death  of  a  cherished  member  of  a  community  with  whom  he  was  unac- 
quainted. Far  better  is  it,  then,  that  in  speaking  of  the  death  of  one  who 
had  been  a  prominent  worker  in  the  First  Presbyterian  Church  of  San 
Jos^,  we  should  produce  the  touchingly  simple  tribute  of  the  recording  Clerk: 
"On  Saturday,  September  15,  1875,  Mr.  George  W.  Hare  died  at  his  resi- 
dence on  Second  street  in  this  city.  He  was  buried  from  our  church  on 
Sunday,  the  19th,  Rev.  Mr.  Betts,  assisted  by  Rev.  Theodore  T.  Munger,  of 
the  Congregational  Church,  conducting  the  services.  Mr.  Munger  delivered 
the  principal  address,  and  spoke  in  very  strong  terms  of  the  excellent 
Christian  character  of  Mr.  Hare.  Mr.  Hare  united  with  our  church  under 
the  pastorate  of  Rev.  James  S.  Wylie,  on  Sunday,  February  24,  1867,  in 
company  with  sixty-three  others,  and  soon  after  the  Union  Revival  meetings 
conducted  by  Rev.  A.  B.  Earl.  From  the  very  outset  he  entered  earnestly 
and  zealously  upon  the  work  of  promoting  the  cause  of  Christ.  He  was 
soon  after  elected  Superintendent  of  the  Sabbath-school,  which  position  he 
held  until  declining  health  compelled  him  to  resign.  Under  him  the  school 
was  more  prosperous  than  ever  before,  increasing  until  it  reached  an  attend- 
ance of  nearly  five  hundred."  On  October  29,  1876,  during  the  course  of 
the  service,  Rev.  Mr.  Betts  informed  the  congregation  that  it  was  his  pur- 
pose to  resign  the  pastoral  office  on  or  before  July  1st,  giving  as  a  reason 
the  state  of  his  health;  at  the  same  time  expressing  the  hope  that  no  oppo- 
sition would  be  made  by  any  one  to  the  proposed  separation.  That  he  had 
still  the  interests  of  the  church  at  heart  is  fully  exemplified  in  his  having 
spontaneously  raised  by  donations  the  sum  of  twenty-three  hundred  dollars, 


SAN   J0Sl5    TOWNSHIP.  479 

with  which  the  church  debt  was  liquidated,  April  28,  ltS77.  At  the  time 
set  Mr.  Betts'  relation  with  the  church  in  San  Jose  was  severed,  after  six 
years'  ministry,  and  on  July  15th  the  pulpit  was  formally  declared  vacant 
by  Rev.  Dr.  Babb,  who  agreed  to  discharge  the  duties,  aided  by  acceptable 
exchanges,  until  the  congregation  could  be  permanently  supplied.  In  the 
interim  among  those  who  filled  the  pulpit  were  Reverends  Robert  Patterson, 
D.  D.,  of  San  Francisco;  W.  J.  McKnight,  D.  D.,  of  Springfield,  Ohio;  Jesse 
Hough,  D.  D.,  of  Santa  Barbara;  J.  Rowell,  of  the  Seamen's  Church,  San 
Francisco;  Mr.  Hind  of  Mayfield,  and  Amos  Jones,  from  Indiana. 

On  the  IGth  and  23d  of  September  the  Rev.  John  Paul  Egbert,  preached  to 
full  and  interested  audiences,  and  at  a  meeting  of  the  congrefjation  held  after 
service  on  the  30th,  it  was  unanimously  agreed  to  request  that  gentleman  to 
act  as  pastor  for  one  yeai",  which  was  accepted  and  notified  to  the  congrega- 
tion by  Dr  Babb,  November  4,  1878.  During  Mr.  Egbert's  vacation  the 
matter  of  giving  him  a  call  was  mooted:  and  at  a  meeting  duly  assembled  it 
was  unanimously  resolved  to  address  him  the  following  letter:  "  San 
Jos^,  Sunday,  June  2,  1878.  Rev.  J.  P.  Egbert,  Bear  Sir:  We,  the 
imdersigned,  in  our  own  behalf,  and  in  behalf  of  the  members  of  the 
church  and  society  which  we  represent,  do  hereby  cordially  invite  you  to 
accept  the  office  of  pastor  of  the  First  Presbyterian  Church  and  congregation 
iri  this  city.  We  fully  endorse  the  pledges  contained  in  the  votes  above 
recorded.  If  you  accept  our  call,  it  is  our  fervent  hope  and  earnest  desire* 
that  you  may  rely  upon  and  actually  receive  in  all  your  labors  of  love 
amongst  us,  the  hearty  co-operation,  sympathy  and  love,  of  our  entire 
church  and  congregation.  We  solicit  an  early  reply,  and  that  you  may  be 
guided  in  your  deliberations  and  final  decision,  is  the  sincere  desire  and 
prayer  of,  Yours  in  Christian  affection,  China  Smith,  Thomas  Douglas, Fred- 
erick Field,  C.  W.  Breyfogle,  H.  H.  Reynolds,  Elders;  A.  S.  Evans,  E.  P. 
Reed,  E.  J.  Wilcox,  Chris.  Bergstrom,  D.  G.  Kent,  Trustees;  W.  E.  Hughes, 
K  J.  Wilcox,  J.  E.  Baker,  C.  S.  Crydenwise,  G.  W.  McLellan,  John  Johnston, 
Deacons." 

To  this  communication  Mr.  Egbert  replied,  under  date  July  25th,  accept- 
ing the  charge,  but  naming  certain  conditions  of  a  private  character,  which 
he  desired  should  be  made  the  subject  of  consultation  at  a  meeting  of  Session; 
such  was  had  July  27th,  the  conditions  read  and  commented  upon  and  voted 
unanimously  "that  the  call  to  the  Rev.  J.  P.  Egbert  be  continued,  the  con- 
ditions  named  by  him  being  accepted,  and  that  they  be  read  to  the  congre- 
gation." On  Sunday  the  28th,  this  was  done  by  Rev.  R.  L.  Stewart,  who 
congratidated  the  church  and  society  in  .securing  the  services  of  a  minister 
of  the  Gospel,  on  whom  God  had  graciously  bestowed  such  remarkable  endow- 
ments of  head  and  heart.  He  was  duly  installed  November  3,  1878,  the 
following  clergymen  assisting:     Rev.  Dr.  Eel  Is,  of  Oakland;  Rev.  C.  E.  Babb, 


480  HISTORY    OF   SANTA   CLARA   COUNTY,    CALIFORNIA. 

D.  T).,  and  Rev.  I.  N.  Hurd.  October  17,  1878,  an  election  of  office-bearers 
took  place,  leaving  that  part  of  the  executive  affairs  of  the  church  to  be: 
Elders — Frederick  Field,  Henry  H.  Reynolds;  term  to  expire  on  first  Sab- 
bath in  April,  1881.  Amos  S.  Evans,  Thomas  Douglas;  term  to  expire  first 
Sabbath  in  April,  1883.  Dr.  China  Smith,  Dr.  Charles  W.  Breyfogle;  term  to 
expire  first  Sabbath  in  April,  1879.  Deacons — John  Johnston,  Clark  S.  Cry- 
den  wise  ;  term  to  expire  first  Sabbath  in  April,  1879.    Elbert  J.  Wilcox,  Wesley 

E.  Hughes;  term  to  expire  first  Sabbath  in  April,  1881.  George  W.  McLellan, 
Edwin  Mears;  term  to  expire  in  April,  1883.  In  the  minutes  of  Sessions 
under  date  March  10,  1879,  we  find  the  following  note:  "According  to  the 
terms  of  Mr.  Egbert's  acceptance  of  the  pastorate,  it  was  expected  that  he 
would  make  a  journey  East  in  the  course  of  the  approaching  Summer.  In 
consequence,  however,  of  the  state  of  his  health  for  some  weeks  past,  and  the 
urgent  advice  of  his  physician,  he  concluded  to  anticipate  the  contemplated 
time,  and  to  leave  at  an  earlier  date.  Accordingly  on  Wednesday  moining, 
the  5th  instant,  he  left  San  Jose'  for  San  Francisco,  preparatory  to  his  jour- 
ney by  rail  across  the  continent,  and  to-day,  Monday,  he  has  taken  his 
depai'ture  from  that  place,  expecting  to  be  absent  some  four  months  or  more. 
Before  leaving  he  made  an  arrangement  with  Rev.  C.  E.  Babb,  D.  D.,  to 
supply  the  pulpit  for  some  weeks."  April  6,  1879,  the  biennial  election  of 
officers  was  held,  but  no  change  in  their  disposition  was  made.  Doctors  China 
Smith  and  C.  W.  Breyfogle  being  re-cho.sen  as  Elders  for  six  more  years,  and 
Messrs.  John  Johnston,  and  C.  S.  Crydenwise  as  Deacons  for  a  like  term.  It 
is  now  our  pleasing  duty  to  record  one  of  the  most  interesting  events  in  the 
long  history  of  the  Church  now  under  notice.  On  Sunday  evening,  April 
20,  1879,  seven  Chinese,  six  men  and  a  woman,  were  received  into  the  First 
Presbyterian  Church  of  San  Jose,  three  of  the  former  having  brought  letters 
from  the  San  Francisco  Church,  while  the  remaining  three  were  admitted  on 
profession  of  their  faith  in  Christ.  The  services  were  conducted  by  the  Rev. 
Dr.  Loomis  of  San  Francisco,  while  a  serious,  attentive,  respectable  body  of 
fifty  Chinamen  occupied  front  seats  in  the  body  of  the  church,  attracting 
attention  by  their  gravity  and  dignity.  We  have  not  space  to  follow  this 
interesting  fact  to  its  clo.se,  nor  time  to  be  with  the  eloquent  and  learned 
Doctor  in  his  discourse,  yet  we  readily  seize  the  opportunity  to  place  upon 
record  the  words  of  "  M.  H.  F."  (Mrs.  M.  H.  Field),  in  a  newspaper  report  of 
the  proceedings:  "  It  would  be  hopeful  for  the  future  of  California  if  its 
young  hoodlums,  like  those  who  occupied  the  gallery  on  Sunday  evening, 
disturbing  the  congregation  by  their  noisy  restlessness,  gave  promise  of  as 
peaceable  and  useful  a  manhood  as  these  poor  foreigners !  "  Sunday,  June 
1,  1879,  Dr.  Babb  preached  a  discourse  in  memory  of  Miss  Anna  B.  Cobb. 
The  records  state:  "  For  more  than  nineteen  years  she  had  been  an  active 
member  of  our  church,  and  during  the  most  of  that  time,  a  teacher  in  our 


'^  I 


SAN  Josr^  Towxsmi'.  481 

Sabbath-school.  In  works  of  charity  and  benevolence,  relieving  the  wants 
of  the  poor,  visiting  the  sick,  and  in  all  appropriate  ways  promoting  the  wel- 
fare of  the  church,  she  had  borne  a  conspicuous  part.  In  her  death,  we  all 
feel  that  the  church  has  lost  a  most  efficient  helper." 

Mr.  Egbert  returned  from  his  journey,  which  had  included  a  tour  in 
Europe,  September  25,  1879,  with  restored  health  and  to  the  great  joy  of 
his  congregation.  During  his  ab.sence  the  pulpit  had  been  occupied,  from 
March  9th  to  September  21st,  by  the  Reverend  Me.s.srs.  John  M.  AUis,  San 
Francisco;  A.  S.  Fiske,  San  Francisco;  H.  H.  Rice,  Sacramento;  C.  1.  Haley, 
Newark,  New  Jersey;  S.  Woodbridge,  D.  D.,  San  Francisco;  J.  M.  Newell, 
Santa  Clara;  A.  W.  Loomis,  D.  D.,  San  Francisco;  J.  S.  McDonald,  San 
Rafael;  R.  Wylie,  Napa;  L.  Y.  Hayes,  Berkeley;  C.  C.  Stratton,  D.  D., 
Pacific  University;  C.  E.  Babb,  D.  D.,  San  Jose  township;  R.  McKenzie, 
Stockton;  and  Dunn  and  Todd,  of  the  Methodist  Conference.  May  10, 1880, 
Mr.  Egbert  left  to  attend  the  General  Assembly  at  Madison,  Wisconsin,  and 
returned  July  30th,  when  he  and  his  recently  espoused  wife,  received  a 
numerous  and  joyful  welcome  from  the  congregation.  (3ctober  3,  1880,  the 
present  Elders  and  Deacons  were  ordained  and  installed.  Elders — Frederick 
Field,  Henry  H.  Reynolds,  term  of  service  to  expire  first  Sabbath  in  April, 
1881 ;  Amos  S.  Evan,s,  Thomas  Douglas,  term  of  service  to  expii'e  first  Sab- 
bath in  April,  1883;  China  Smith,  C.  W.  Breyfogle,  term  of  service  to  expire 
first  Sabbath  in  April,  1885 ;  Delos  G.  Kent,  James  McG.  Patter.son,  term  of 
service  to  expire  first  Sabbath  in  April,  1887.  Deacons — Elbert  J.  Wilcox, 
Wesley  E.  Hughes;  George  W.  McLellan,  Edwin  Mears ;  John  Johnston,  C. 
S.  Crydecwise;  David  A.  S.  Eyster,  Ezra  B.  Lewis,  whose  terms  of  service 
are  in  respective  accordance  with  those  of  the  Elders  mentioned  above.  The 
Sabbath-school  in  connection  with  this  church  is  well  attended.  We  cannot 
close  this  lengthy  notice  without  expressing  a  deep  debt  of  gratitude  to  the 
pastor  and  Session  for  having  placed  their  Records  at  our  disposal  whereby 
we  have  been  enabled  to  give  a  history,  complete  in  its  salient  points,  of  this 
t'ne  first  Protestant  Church  organized  in  the  city  of  San  Jose. 

Methodist  Episcopal  Church. — This  church  is  situated  on  the  west  side  of 
Second  street,  near  the  corner  of  Santa  Clara  Street,  The  organization  of 
the  societ}'  was  effected  in  the  Fall  of  1849,  at  the  residence  of  Mrs.  S.  Young, 
by  the  Rev.  William  Taylor,  with  the  following  members:  William  Campbell, 
Mark  Williams  and  wife,  Asa  Finley  and  wife,  John  Jones  and  wife,  Mrs. 
Nancy  Young,  and  a  French  gentleman  and  his  wife,  whose  names  are  for- 
gotten. Very  soon  after,  a  building  on  Third  street,  opposite  Mooily's  mills, 
was  purchased  by  them  and  dedicated  to  the  worship  of  God  by  Rev.  Isaac 
Owens,  early  in  the  year  1850.  Jul}^  1853,  it  was  moved  to  the  corner  of 
Second  and  Santa  Clara  streets,  enlarged,  and  in  possession  of  a  Sabbath- 

31 


482  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

school  which  ah-eatly  numbered  forty-five  pupils.  The  Rev.  E.  Bannister, 
Principal  of  the  first  incorporated  San  Jose  Academy,  was  also  the  first  Super- 
intendent of  the  Sabbath-school,  and  after  a  term  of  two  years  was  succeeded 
by  a  no  less  successful  educator  than  Freeman  Gates.  Notwithstanding  the 
growth  of  the  city  had  been  retarded  by  its  ceasing  to  be  the  capital  of  the 
State,  this  church  widened  its  borders,  and  having  purchased  the  lot  upon 
which  the  present  edifice  now  stands,  erected  upon  it  in  1868  a  frame  build- 
ing capable  of  holding  six  hundred  persons.  Then,  as  now,  the  anti-Chinese 
feeling  passed  through  every  grade  of  opposition  and  rancor.  The  Meth- 
odists, with  a  courage  and  love  for  souls  worthy  the  Master  who  inspired 
them,  had  already  shown  their  interest  in  the  Chinese  of  San  Jose,  by  trying 
to  establish  a  mission  among  them.  On  the  22d  of  February,  1868,  this 
church  was  theirs  with  not  a  dollar  of  debt  against  it;  but  ere  the  following 
morning  the  torch  of  a.  supposed  anti-Chinese  incendiary  had  been  applied 
to  it,  and  nothing  of  the  material  possessions  so  highly  prized  was  left  save 
the  key  which  was  in  the  possession  of  the  sexton.  The  loss  was  eighteen 
thousand  dollars.  « 

Undaunted,  however,  the  congregation  proceeded  to  build  another  edifice 
on  the  site  of  the  one  destroyed,  meanwhile,  holding  services  in  Murphy's 
Hall,  on  Market  street,  and  in  the  Presbyterian  church.  Their  present 
church,  completed  and  furnished,  at  a  cost  of  twenty-one  thousand  dollars, 
was  dedicated  on  the  18th  of  July,  1869,  Bishop  Kingsley  preaching  the  ser- 
mon. Since  then  its  growth  has  been  steady  and  rapid.  The  Sabbath-school 
numbers  four  hundred  and  fifty  scholars,  with  Henry  French  as  present 
Superiiitendent.  There  have  been  seventeen  pastors  appointed  to  the  charge 
since  its  organization  as  follows:  Reverends  Charles  McClay,  Wilham  J. 
McClay  (twice),  —  Brier,  Robert  R.  Dunlap,  William  Hulbert,  John  Daniels, 
—  Phillips,  P.  Y.  Cool,  Thomas  Dunn  (twice),  P.  G.  Buchanan,  Isaac  Owens, 
D.  A.  Dryden,  John  R.  Tanzy,  E.  S.  Todd,  C.  C.  Stratton,  R.  L.  Horford, 
Frank  F.  Jewel. 

Methodist  Episcopal  Church,  South,  San  Jose.— In  the  latter  part  of  April, 
1850,  Joseph  Baring,  D.  D.,  Superintendent  of  the  Mission  of  the  Methodist 
Episcopal  Church,  South,  in  California,  came  to  San  Jose,  and  preached  there 
for  two  months,  but  he  did  not,  at  this  time,  organize  a  society,  having  no 
man  at  his  command  with  whom  to  supply  it  as  a  pastor.  One  year  later, 
in  April,  1851,  Rev.  A.  L.  Wynne  was  appointed  to  the  San  Jose'  Mission, 
and  on  the  twenty-fifth  day  of  May,  1851,  he  organized  a  society  of  nine 
members.  Their  names  are  as  follows:  Charles  Campbell,  Nancy  Camp- 
bell, Margaret  Campbell,  Elizabeth  Ray,  Alexandei-  Hatler,  Nancy  Hatler, 
Marcus  Williams,  Susan  Williams,  and  J.  W.  Powell.  Such  was  the 
origin  of  the  Methodist  Episcopal  Church,  South,  in  San  Jose'.  In  April, 
1852,   the    Mission    in    California    was   organized  into    an  Annual  Confer- 


SAN   JOSjfi   TOWNSHIP.  483 

ence,  called  the  Pacific  Annual  Conference,  and  the  Rev.  Mi-.  Wynne  was 
re-appointed  to  the  San  Jose  charge.  During  this  ecclesiastical  year,  the 
church  erected  its  first  building,  which  was  a  brick  structure,  situated  on 
the  corner  of  Second  and  San  Fernando  sti-eets.  This  old  brick  building,  as  it 
is  now  called,  when  spoken  of,  was  uised  by  the  church  as  a  place  of  worship 
until  the  Fall  of  1874,  when  it  was  removed  to  give  place  to  the  present  wood 
structure,  now  used  by  the  church  as  a  house  of  worship,  which  now  stands 
upon  the  same  ground  that  was  occupied  by  the  old  brick.  The  present 
frame  building  was  erected  during  the  pastorate  of  Rev.  Mr.  Hopkins,  whose  pas- 
toral term  embraced  a  period  of  three  years.  In  April,  1853,  the  first  Annual 
Conference,  of  the  Methodist  Episcopal  Church,  South,  was  held  in  San  Jo.^e,  in 
the  old  brick  church,  and  Mr.  Wynne  was  again  appointed  to  the  San  Jose 
charge.  Mr.  Wynne  was  succeeded,  as  the  pastor  of  this  church,  in  1854,  by 
the  Rev.  Mr.  Grayham.  In  1855,  Rev.  B.  F.  Johnson  was  the  pastor.  In 
1856  and  '57,  Rev.  O.  P.  Fitzgerald,  D.  D.,  was  the  pastor.  He  was  succeeded 
in  the  pastorate  by  the  Rev.  J.  C.  Simmons,  who  served  the  church,  in  that 
capacity,  for  two  years.  Rev.  Mr.  Rubel  was  the  succes.sor  of  Mr.  Simmons, 
and  served  the  church,  as  pastor,  in  ISGO.  Rev.  Morris  Evans  was  pastor  in 
1861,  and  Rev.  Joseph  Emory  in  1862.  Rev.  O.  P.  Fitzgerald,  D.  D.,  was 
returned  to  this  .station  in  the  Fall  of  1862,  and  served  the  church,  as  pastor, 
in  1863  and  '64.  Rev.  George  Sim  was  the  pastor  in  1865  to  '67.  Rev.  W.  F. 
Compton  was  pastor  in  1868  and  '69,  and  Rev.  A.  M.  Bailey,  in  1870.  In  the 
Fall  of  1870,  Rev.  George  Sim  was  again  appointed  to  this  charge  as  pastor, 
and  served  the  church  for  two  years.  Rev.  J.  C  Simmons  was  again  the 
pastor  in  1873.  Rev.  Mr.  Hopkins  came  to  the  charge  as  pastor  in  the  Fall 
of  1873,  and  remained  until  the  Fall  of  1876.  We  have  already  said  that 
the  present  church  edifice  was  built  under  the  supervision  of  Mr.  Hopkin.s,  as 
the  pastor.  Mr.  Hopkins  was  succeeded,  in  the  pastorate,  by  the  Rev.  E.  K. 
Miller,  who  remained  two  years;  and  Mr.  Miller  was  succeeded  by  the  pres- 
ent pastor,  Rev.  H,  B.  Avery,  who,  at  this  writing  (October  15,  1880;,  is 
closing  his  second  year. 

The  membership  of  this  church  has  never  been  unmercifullv  laro-e  at  anv 
one  time,  yet  from  the  time  of  its  organization  to  the  present  she  has  gath- 
ered within  her  fold  more  than  a  thousand  members.  These  members  have 
been  morally  educated  by  her  institutions  and  ordinances,  her  solemn  vows, 
her  hymns  of  love  and  praise,  and  the  gospel  that  has  sounded  out  from  her 
pulpit  from  Sabbath  to  Sabbath  for  all  of  these  twenty-eight  years  of  her 
organic  existence.  Many  of  her  members  have  died  in  the  faith,  and  have 
gone  to  join  "the  church  of  the  first-born,"  and  many  more  have  moved  off, 
and  have  become  useful  and  honored  members  of  the  church  elsewhere. 
Her  present  membership  is  one  hundred  and  fifty-five.  United  efibrt  upon 
the  part  of  this  present  membership  will  enable  them  to  be  a  moral  power 


484  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

for  good  in  the  Garden  City  as  this  church  has  been  ever  since  its  organiza- 
tion. The  following  Bishops  of  the  Methodist  Episcopal  Church,  South,  have 
visited  San  Jose,  and  preached  to  the  church  here,  on  their  episcopal  tours. 
Soul  and  McTyeire  of  Tennessee,  Andrew  of  Alabama,  Kavanaugh  of  Ken- 
tucky, Pierce  of  Georgia,  Wightman  of  South  Carolina,  Doggett  of  Virginia, 
Marvin  of  Missouri  and  Keener  of  Louisiana.  It  is  a  coincidence  that  may  be 
a  matter  of  pleasure  to  some  of  the  members  of  this  church  that  the  original 
membership  of  this  society  was  nine,  and  since  that  time  exactly  that  num- 
ber of  her  Bishops  have  visited  them,  and  dispensed  unto  them  the  word  of 
life. 

This  church  has  had  a  Sunday-school  in  active  operation  nearly  all  the 
time  since  it  had  an  existence,  but  its  records  do  not  show  who  was  its  first 
Superintendent,  and  who  had  been  his  successors  in  office.  We  regret  that 
we  cannot  give  the  names  of  the  original  members  of  the  school,  and  also  of 
its  officers  from  the  time  of  its  origin  to  the  present,  but  the  records  are  so 
meager  that  we  can  only  glean  the  fact  stated  above,  which  shows  that  the 
church  has  never  been  wholly  neglectful  of  the  Sunday-school  interest.  The 
present  statistical  state  of  the  school  is  as  follows:  Eleven  officers  and  teach- 
ers, eighty  scholars,  one  hundred  volumes  in  the  library,  eleven  magazines 
taken,  forty  lesson  quarterlies,  forty  Sunday-school  Visitors  and  forty  Little 
People:  The  Visitor  and  Little  People  are  papers  published  at  the  South- 
ern Methodist  Publishing  House,  at  Nashville,  Tennessee,  for  the  children  of 
the  church.  John  Selby  is  the  present  Superintendent ;  W.  L.  Courtney  Sec- 
retary; Henry  Langhorne  Librarian;  and  Miss  Mattie  Trimble  Treasurer. 
Rev.  H.  B.  Avery,  Rev.  J.  M.  Lovell,  Mrs.  Knox,  Mrs.  Curtis,  Mrs.  Stone, 
Miss  Susie  Crenshaw,  Miss  Norma  Freschlage  and  Miss  Lucy  Woodson 
are  teachers  in  the  school.  The  school  ought  to  be  much  larger  than  it  is 
and  if  the  members  of  the  church  would  only  interest  theniselves  in  it 
they  could  soon  double  its  present  membership. 

■  Trinity  Church  (Episcopal)  San  Jose. — Rev.  S.S.Etheridge  began  the  regu- 
lar services  of  the  Protestant  Episcopal  Church,  in  San  Jose  in  November,  1860, 
occupying  the  old  City  Hall.  Previous  to  this  time.  Bishop  Kip  had  held 
service  occasionally  in  San  Jose,  when  the  use  of  the  Presbyterian  church 
was  courteously  given  him.  The  first  organization  of  the  parish  of  Ti-inity 
church  was  made  in  February,  186L  Trinity  church  was  built  in  1863, 
being  completed  in  November  of  that  year.  The  Rev.  S.  S.  Etheridge  con- 
tinued in  charge  of  the  parish  until  his  death  in  February,  1864.  After  his 
death  the  Rev.  T.  A.  Hyland  officiated  for  some  months.  The  Rev.  D.  D. 
Chapin  was  then  called  to  the  rectorship,  and  remained  in  charge  until  Jan- 
uary, 1866.  During  this  period,  the  mortgage  upon  the  church  lot  was 
removed,  and  improvements  were  made  upon  the  church  and  grounds.  In 
April,  1866,  the  Rev.  E.  S.  Peake   was  called   to  the  charge  of  this  church 


SAN    JOSE    TOWNSHIP.  485 

and  remained  rector  until  December  1,  1870.  On  July  27,  1867,  the  whole 
debt  of  the  church  having  been  removed,  or  assumed  by  individuals  in  the 
vestry  and  congregation,  the  building  was  consecrated  to  the  worship  of  God 
by  Bishop  Kip.  In  January,  1871,  the  Rev.  Geo.  Wm.  Foote  was  called  to 
the  rectorship  of  the  church,  and  at  this  present  writing  (October,  1880),  he 
still  remains  rector.  In  1872  the  present  rectory  was  built.  In  187G,  the 
church  was  enlarged  to  nearly  double  its  former  capacity,  and  much  improved. 
During  the  past  year  four  stained  windows  have  been  presented  to  the 
church,  and  the  Sunday-school  was  presented  a  chime  of  five  bells.  The 
confrreiration  of  Trinity  church  now  numbers  about  five  hundred  persons, 
of  whom  about  two-hundred  and  fifty  are  communicants.  There  are  about 
one  hundred  and  fifty  pupils  in  the  Sunday-school. 

The  First  United  Presbyterian  Church  of  San  Jose'. — The  First  United 
Presbyterian  Church  of  San  Jose,  California,  was  organized  November  6, 
1874,  twenty-eight  members  uniting  at  that  time.  Messrs.  James  Black, 
James  Kirkpatrick,  and  J.  M.  Fleming  were  chosen  Ruling  Elders,  and  still 
fill  that  office.  Rev.  A.  Calhoun,  by  appointment  of  the  General  Assembly 
of  the  United  Presbyterian  Church  of  North  America,  commenced  mission- 
ary work  in  San  Jose'  in  the  Fall  of  1874,  and  remained  missionary  in 
charge  until  the  Spring  of  1879,  when  he  was  chosen  pastor  of  the  congre- 
gation, and  regularly  installed  by  the  United  Presbyterian  Presbytery  of 
San  Francisco.  Mr.  Calhoun  is  a  native  of  Ohio,  born  and  brought  up  in 
Ashland  county,  near  Savannah;  graduated  at  Franklin  College,  New 
Athens,  Ohio,  in  the  Fall  of  1856,  and  afterward  studied  theology  in  the 
United  Presbyterian  Theological  Seminary  in  Allegheny  City,  Pennsylvania. 
He  was  ten  years  pastor  of  the  Eleventh  United  Presbyterian  Church  of 
Pittsburg,  and  five  years  pastor  of  the  Fifth  United  Presbyterian  Church 
of  Philadelphia,  before  coming  to  San  Josd.  Sickness  in  his  family  was 
the  cause  of  his  coming  to  California.  The  congregation  which  he  organ- 
ized in  San  Jose'  worshiped  for  about  four  years  in  a  little  hall  over  the  San 
Jose'  Savings  Bank.  In  the  Fall  of  1878  the  congregation  erected  a  church 
on  the  corner  of  Fifth  and  Santa  Clara  streets,  the  lot  and  church  costing 
them  over  twelve  thousand  dollars.  The  location  is  good  and  the  churcii  a 
model  of  neatness  and  comfort.  W.  C.  Hamilton,  of  San  Jose',  was  the 
architect  and  builder.  Over  one  hundred  have  united  with  this  congrega- 
tion since  its  organization,  thirty-five  of  whom  were  on  profession  oyf  their 
faith  in  Christ.  The  present  resident  membership  is  sixty-five.  The  Sab- 
bath-school numbers  over  one  hundred  and  fifty,  and  is  doing  good  work. 

The  First  Congregational  Church  of  San  Jose'. — Services  were  first  held  in 
connection  with  this  church,  April  11,  1875,  and  a  Sunday-school  organized 
on  the  18th  of  the  same  month.     On  May  3d  an  Ecclesiastical  Society  was 


486  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

formed,  while  on  June  2,  1875,  the  church  was  organized  with  the  following 
original  members:  Mrs.  Eliza  Brownwell,  Warren  C.  Hart,  Mrs.  Mary  C. 
Hart,  John  H.  Henn,  Mrs.  P.  Bernice  Henn,  Mrs.  William  T.  Landers,  Mrs. 
Hai-riet  Kelly,  Elizabeth  Kelly,  Cora  Kelly,  Thomas  Slaughter,  Mrs.  C.  C. 
Slaughter,  Ebenezer  Snell,  Mrs.  Rachel  Snell,  Clara  B.  Snell,  Arthur  B. 
Snell,  Mrs.  Frances  Snow,  Mrs.  E.  S.  Stilson,  Hiram  M.  Heflin,  Mrs.  Lorinda 
M.  Heflin,  Cora  L.  Hetlin,  Wilham  J.  Hinds,  Mrs.  Mary  li.  Hinds,  Maria 
Palen,  Maria  J.  Palen,  Tread  well  Soper,  Mrs.  Nancy  H.  Soper,  Mrs.  M.  L.  Stam- 
ford, Robert  E.  Wilbur,  Mrs.  Emma  Wilbur,  Mrs.  M.  Woolaver,  S.  E.  Ladd, 
Jesse  S.  French,  Roger  \V.  Ball,  Mrs.  James  A.  Ellis,  Theodorus  B.  Hascall, 
Mrs.  Amy  E.  Hascall,  Mrs.  Caroline  Ball,  Clementina  Wirth,  Edward  Snell. 
The  lirst  officers  were:  Acting  Pastor,  Rev.  Theodore  T.  Munger;  Deacons, 
E.  Snell,  H.  B.  Norton  ;^  Clerk,  Charles  H.  Bryant;  Treasurer,  T.  B.  Hascall; 
Superintendent  of  Sunday-school,  Robert  E.  Wilbur;  Librarian,  Edward 
Snell;  Examining  Committee,  Rev.  Theodore  T.  Munger,  E.  Snell,  H.  B. 
Norton,  Charles  H.  Bryant,  Tread  well  Soper,  and  S.  E.  Ladd.  To  co-ope- 
rate with  the  church,  a  society  called  the  First  Congregational  Society  of  San 
Jose  was  incorporated  as  above  (May  8,  1875),  formed  of  those  persons  who 
are  habitual  attendants  upon  the  services  of  the  church,  and  who  contribute 
to  its  support,  which  is  still  in  existence,  whose  fii'st  officers  were:  R.  W. 
Ball,  Clerk;  T.  B.  Hascall,  Treasurer;  Edward  Snell,  Auditor;  and  E.  Snell, 
S.  E.  Ladd,  Treadwell  Soper,  W.  C.  Hart,  H.  M.  Heflin,  Trustees.  The  mem- 
bership is  now  one  hundred  and  five;  the  pastor  is  the  Rev.  M.  Willett,  and 
the  ch  urch  is  situated  on  the  south  side  of  San  Antonio,  between  Second  and 
Third  streets. 

Gevnian  Methodist  Episcopal  Church. — This  church  was  founded  in  the 
year  ]861,  by  Rev.  A.  Kellner,  but  the  first  regular  pastor  was  Rev.  G.  H. 
Bollinger,  whose  wife  composed  the  original  membership  of  the  church,  and 
he  not  forming  a  society,  the  doing  so  would  appear  to  have  gone  with  him  and 
his  spouse  at  the  expiration  of  his  term  of  office.  After  the  lapse  of  several 
years  the  Rev.  Hermann  Brueck  arrived  in  1868,  and  pi-eached  to  the  Ger- 
man residents  in  the  old  City  Hall,  when  a  small  society  was  formed  and  a 
Sunday-school  organized.  This  fellowship  was  composed  of  the  following 
original  members  :  F.  Ivuchenbeiser  and  wife,  William  Fruehling  and  wife, 
Adolf  Kocher,  August  Grube  and  wife,  Frederick  Theaerkauf  and  wile,  and 
Rosaline  Reinhardt,  the  first  office-bearers  being,  Messrs.  Kocher,  Fuerhling 
and  Theaerkauf,  Trustees;  F.  Kuchenbeiser,  Superintendent  of  Sunday- 
school.  Mr.  Brueck's  term  of  service  lasted  three  years,  when  he  was  suc- 
ceeded by  Rev.  C.  H.  Afflerbach.  During  the  first  year  of  this  gentleman's 
administration  the  present  valuable  church  property  on  Third  street,  between 
Santa  Clara  and  San* Fernando,  was  acquired,  a  bold  undertaking  when  the 
paucity  of  members  is  taken  into  account,  but   indomitable    courage  and 


SAN   JOSl^:    TOWNSHIP.  4S7 

unprecedented  liberality  on  the  part  of  the  pastor  and  members,  carried  the 
enterprise  to  a  successful  termination.  At  the  close  of  Mr.  AtHerbach's  four- 
year  term  the  society  numbered  about  fifty  on  the  roil,  while  there  remained 
only  a  few  hundred  dollars  indebtedness  on  the  church  property.  The  next 
minister  was  the  Rev.  G.  H.  Bollinger,  who  served  a  term  of  thi-ee  years,  and 
was  succeeded  by  Rev.  F.  Bonn,  the  residentiary  pastor.  The  present  mem- 
bership of  the  church  is  eighty;  the  Sabbath-school,  of  which  R.  Kocher  is 
Superintendent,  numbers  one  hundred  and  fifty  children,  and  twenty-two 
officers  and  teachers,  while  there  is  a  gratification  in  beinof  able  to  state  that 
the  church  and  parsonage  are  free  from  incumbrance.  Improvements  which 
add  to  the  attractiveness  of  the  audience  I'oom  have  been  made  at  consid- 
erable expense,  and  no  aid  has  been  asked  from  the  missionaiy  society  since 
1877.  The  officers  for  the  current  term  are:  Messrs.  Kocher,  Kuchenbeiser, 
Tantau,  Theaerkauf,  and  Fuerhling,  Trustees,  the  first-named  gentleman 
being  Superintendent  of  the  Sunday-school.  The  church  is  steadily  growing 
and  is  now  in  a  most  prosperous  condition. 

The  Society  of  Friends. — The  first  religious  meeting  of  the  Society  of 
Friends,  otherwise  known  as  Quakers,  was  held  in  the  sixth  month  (June), 
1860,  in  the  building  at  the  corner  of  Ninth  and  St.  John  streets,  it  being 
formed  by  Jesse  and  David  Hobson  who  were  the  original  promoters  of  the 
organization  in  San  Jose,  and  with  some  others  donated  the  land  on  which 
to  construct  the  meeting-house.  In  the  year  1873,  these  meetings  were  reg- 
ularly organized  under  the  authority  and  discipline  of  the  Iowa  Yearly 
Meeting  of  the  Society  of  Friends,  the  first  Clerks  being  Jesse  and  Susan 
Hobson,  who  were  appointeil  February  13th  of  that  year.  James  Canney, 
now  a  resident  of  this  vicinity,  was  next  chosen  on  March  13th,  and  served 
until  August  8,  1878.  Elvira  J.  Ward  being  joint  clerk  with  him,  an  office 
she  still  holds.  On  Mr.  Canney's  resignation  John  Bell  was  appointed  and 
still  holds  the  office.  The  first  Elder  was  Stephen  Hobson ;  the  pi-esent  ones 
are  James  Canney, Elvira  J.  Ward  and  Margaret  J.  Gregory.  The  Overseers  at 
present  in  office  are  John  Bell,  Jesse  Bowersock,  Amanda  M.  Taylor,  and  E.  E. 
Morris,  Mr.  Bell  being  also  Clerk  of  Monthly  Meetings  and  Keeper  of  Records. 
Jane  M.  F.  Canney  and  Adonijah  Gregory  have  been  and  are  the  only  regu- 
larly organized  ministers.  The  society  numbers  sixty -five  members;  relig- 
ious meetings  are  held  on  the  first  and  fifth  days  (Sunday  and  Thurs- 
day) of  each  week  at  eleven  o'clock  in  the  forenoon,  and  first-day 
(Sabbath)  school  at  10  a.  N[.,  while  the  monthly  meetings  for  the  transaction 
of  business  and  discipline  of  the  church,  convene  on  the  second  fifth  day 
(Thursday)  of  each  month. 

College  of  Notre  Dame. — Notre  Dame,  San  Jos(^,  justly  holds  its  place 
among  the  flourishing  educational  establishments  of  our  country,  as  histori- 


488  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

cally :  "  First  in  her  ranks  of  pioneers  of  mind,"  the  existence  of  the  institution 
being  almost  coeval  with  that  of  the  State  itself,  with  the  rapid  growth  of 
of  which  the  college  has  kept  steady  pace  during  the  past  thirty  years,  and 
stands  to-day  a  noble  and  enduring  monument  to  the  memory  of  its  zealous 
foundresses,  and  a  convincing  proof  of  what  may  be  achieved  by  the  God- 
aided  energy,  indefatigable  industry  and  patient  perseverance  of  woman, 
when,  magnanimously  devoting  herself,  heart,  soul,  and  mind  to  a  worthy 
cause,  she  sinks  self  and  self-ease  forever,  into  the  abyss  of  heroic,  yet 
unostentatious  love  of  God  and  active  Christian  benevolence  towards  her  fel- 
low-creatures. 

The  Sisters  of  Notre  Dame  are  members  of  a  society  of  ladies  devoted  to 
the  education  of  youth,  both  in  Europe  and  America.  Namur,  Belgium,  is 
the  centre  of  the  organization,  which,  though  not  a  century  old,  has  already 
beheld  the  rise  and  progress,  completion  and  successful  working  of  upwards 
of  a  hundred  flourishing  academies,  or  colleges,  and  can  count  its  teachers  by 
thousands  and  its  children  by  tens  of  thousands. 

In  England,  such  is  the  high  estimate  placed  on  their  efficiency  as  educa- 
tors, that,  for  years,  the  government  has  intrusted  to  them  the  entire  control 
of  the  important  Normal  and  Training  Schools  of  Liverpool;  and  the  suc- 
cessful results,  as  brilliant  as  solid,  have  been  convincing  evidences  that  such 
confidence  has  not  been  misplaced. 

The  scheme  of  the  society  was  the  ofl^spring  of  the  troublous  period  of  the 
French  Revolution,  and  the  two  foundresses,  one  springing  from  the  ranks  of 
the  people,  and  one  from  the  nobility,  by  a  happy  coalition  of  faculties  and 
advantages,  means  and  aims,  met  on  a  golden  level  of  Christian  principles, 
and  created  a  noble  democracy  of  feeling  that  acknowledges  merit  and  virtue 
as  the  only  true  and  solid  basis  of  rank  and  distinction.  It  is  universally 
conceded  that  the  spirit  of  the  Institute,  with  its  motto,  '"'  Onward  and 
Upward,"  is  admirably  adapted  to  the  needs  of  the  age  in  which  we  live. 
The  form  of  government  is  eminently  that  of  a  republic,  the  members  enjoy- 
ing equal  rights,  and  the  officers  elected  by  a  majority  of  votes,  for  varying 
periods  of  time. 

Order  and  method,  industry  and  energy  not  only  economize  every  golden 
grain  of  "  time  the  stuff'  of  which  life  is  made,'"  but  are  and  ever  have  been 
marked  characteristics  of  the  members  of  this  Order;  and  their  example  has 
not  been  without  its  lasting  and  beneficial  effects  upon  those  who  have  come 
within  the  sphere  of  these  stirring  and  elevating  influences.  The  wise,  firm, 
prudent  measures  of  the  President  of  the  society  at  Namur,  her  Coeur  de 
Mere,  and  Bras  de  fer  as  the  French  express  it,  her  perfect  blending  of 
sweetness  and  firmness,  are  so  many  attractive  forces  binding  all  the  houses 
under  her  control,  into  one  harmonious  system  around  a  central  sun.  It 
seems  almost  incredible  that  so  many  women  of   almost   every  nationality 


SAN   JOSjfi    TOWNSHIP.  489 

under  the  sun,  and  of  such  varying  characters  and  temperaments,  could  so 
cheerfully  and  peacefully  pursue  the  even  tenor  of  their  way,  whether  ruling 
or  ruled,  but  the  fact  that  they  do  so  is  incontrovertible,  and  yet  the  world 
persists  in  saying  that  the  days  of  miracles  are  past. 

But  we  must  return  to  our  original  intention,  which  was  to  give  a  brief 
outline  of  the  circumstances  which  paved  the  w^ay  to  the  foundation  of  the 
first  academy  ever  reared  within  our  county  limits,  and,  to  do  so  understand- 
ingly,  we  must  carry  our  readers  back  as  far  as  1843,  and  thus  we  shall  better 
see  and  appreciate  the  motives  that  led  those  ladies  to  our  Pacific  shores. 

The  zealous  Father  de  Smet  after  years  of  arduous  missionary  labors 
among  the  Indian  tribes,  west  of  the  Rocky  mountains,  revisited  Europe  in 
1843,  and  pictured  so  vividly  the  needs  of  that  vast  section  of  country,  the 
utter  deprivation  of  the  advantages  of  civilization,  the  pitiable  condition  of 
the  savages  and  their  deplorable  ignorance  of  the  commonest  arts  of  life, 
"  fields  white  to  the  harvest,  and  the  laborers  so  few,"  not  concealing,  however, 
the  hardships  attendant  upon  any  undertaking  tending  to  the  amelioration 
of  their  condition,  the  privation  of  all  convenience  and  comfort  that  must 
necessarily  be  undergone. 

The  Sisters  of  Nortre  Dame,  fully  aware  of  all  the  difficulties  of  the  enter- 
prise, came  forward,  and  declared  themselves  ready  to  devote  their  life  and 
enex'ijies  to  the  instruction  of  the  savage  children  of  the  "  far  west."  The 
"  far  west "  of  forty  years  ago  was  synonymous-  with  the  "  ends  of  the 
earth,"  and  to  the  Sisters  meant  total  isolation,  not  only  from  civilized  life, 
but  from  all  that  they  held  most  sacred  on  earth.  But  they  were  not 
deterred  by  any  personal  considerations,  hard  as  it  was  to  sunder  those 
tender  ties  that  knit  the  heart  of  man  and  woman  to  country,  parents,  and 
all  they  most  tenderly  revere. 

A  trip  from  Europe  to  the  Pacific  coast  at  that  time  was  not  the  easy 
thing  that  it  is  in  our  days  of  steam -pinioned  vessels,  and  swift-footed  loco- 
motives. The  graphic  account  of  the  Sisters  seven  months'  weary,  perilous 
voyage,  published  in  France  a  few  years  later,  is  eloquent  in  praise  of  their 
Christian  fortitude  and  endurance. 

What  hardships  and  privations  they  nobly  sustained !  what  dreary  calms 
and  fearful  tempests  through  which  they  passed  with  calm  unshaken  trust 
in  an  overruling  Providence!  what  hair-breadth  escapes,  what  hanging 
between  life  and  death  off"  the  wild  desolate  coasts  of  Patagonia,  and  again 
at  the  mouth  of  the  Columbia,  where  it  seemed  as  if  they  had  reached  their 
destination  only  to  be  hurled  into  Eternity.  But  Heaven  willed  it  other- 
wise. Another  destiny  was  in  store  for  them.  They  passed  unscathed  the 
trying  ordeal  of  the  countless  dangers  of  the  deep,  reached  Willamette 
August,  1844,  and  the  .seven  years  of  their  Oregon  life  furnish  glorious 
records  of  self  sacrifice,  and  devotedness,  to  which  the  pen  of  an  Angel  alone 
can  do  fitting  iustice. 


490  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

The  first  heroic  band  of  Sisters  numbered  six ;  among  these,  Sister  Loyola 
and  Sister  Mary  whose  names  will  frequently  recur  in  the  following  pages. 
Sister  Mary  Cornelia  for  the  past  twenty-nine  years  the  efficient  and  revered 
Superior  of  the  College,  and  the  late  Sister  Mary  Aloysia  a  lofty,  beautiful 
character  whose  faultless  exainple  and  pure  moral  teachings,  at  the  head  of 
the  Boarding  Department  have  left  behind  them  ineffaceable  impressions, 
and  moulded  to  edifying  virtues  the  future  of  many  a  wayward  girl. 

In  August,  1847,  after  a  protracted  voyage  of  eight  months,  seven  other 
Sisters  arrived  from  Europe  to  re-inforce  the  Oregon  toilers,  who  were  thus 
enabled  to  extend  the  sphere  of  their  usefulness. 

In  1851,  four  Sisters  from  Cincinnati  were  sent  to  share  their  ever-increas- 
ing laboi's.  These  latter  were  to  come  by  way  of  the  Isthmus  of  Panama, 
and  Sister  Loyola  and^  Sister  Mary,  already  mentioned  as  members  of  the 
first  pioneer  party  to  Oregon,  took  passage  on  the  Goliah  for  San  Francisco, 
to  meet  and  convey  the  expected  arrivals  to  their  new  field  of  duty.  Sister 
Loyola  and  Sister  Mary  arrived  in  San  Francisco  March  29fch,  and  found 
they  would  have  to  wait  fully  two  months  before  they  could  return,  as  the 
expected  Sisters  would  not  reach  California  until  about  the  close  of  June. 
But  this  seeming  disappointment  was  only  "  a  blessing  in  disguise."  As  both 
Sisters  shrank  from  inaction,  and,  like  all  great  minds,  could  not  brook  even 
a  day's  indolent  repose,  they  gladly  availed  themselves  of  Mr.  Martin  Mur- 
phy's courteous  invitation  to  visit  his  home  and  family  at  Bay  View,  and 
accompanied  him  thither  April  2d,  when  they  shared  his  whole-hearted 
hospitality  and  his  estimable  lady's  cordial  kindness,  and  never  fail  to 
extol  both  as  sincere  and  constant  friends  and  generous  benefactors.  Thanks 
to  Mr.  Murphy's  obliging  courtesy,  they  visited  Santa  Clara  and  San  Jose', 
and,  at  the  former  place,  saw  the  zealous  Father  Nobili  laying  the  humble 
foundation  of  that  grand  superstructure  of  learning  that  has  risen  and 
expanded  to  giant-like  proportions  in  the  past  three  decades  of  years. 

The  Sisters  were  charmed  with  the  appearance  of  the  country  in  and 
around  San  Jose,  and  met,  at  every  step,  kind  friends,  cordial  greetings, 
earnest  solicitations  and  pressing  invitations  to  make  this  lovely  valley  the 
scene  of  their  future  labors. 

The  great  lack  of  educational  advantages  for  their  children  was  keenly 
felt  by  all  earnest  pioneers,  and  their  need  made  them  eloquent  in  their  irre- 
sistible appeal.  Several  prominent  citizens  came  forward,  at  once,  and  gen- 
erously offered  land  on  which  to  locate  the  new  Convent;  araong  these,  Mr. 
White,  afterwards  one  of  the  hapless  victims  of  the  steamer  Jenny  Lind, 
distinguished  himself;  and  Mr.  Sunol,  who  handsomely  offered  an  extensive 
tract  adjoining  the  present  race-track  and  extending  as  far  as  the  bridge 
spanning  the  Los  Gatos. 

The  libei-ality  of  both  these  gentlemen  was  fully  appreciated,  but  there  was 


SAN    JOSE    TOWNSHIP.  491 

one  drawback;  the  San  Jose  of  1851  was  not  the  San  Jose  of  to-day,  and  to 
erect  a  school  edifice  on  cithei-  lot  placed  at  their  disposal  would  be  to  select 
a  site  at  an  inconvenient  distance  from  the  pnpils'  homes. 

A  more  favorable  situation  must  then  be  selected.  In  our  day  it  is  hard 
to  realize  that  in  the  then  capital  of  our  beautiful  State,  our  Garden  City, 
only  twenty -six  residences  could  be  counted  within  the  actual  city  limits. 
These  limits  were  dcHncd  on  the  west  by  the  acequia,  an  artificial  channel 
quite  creek-like  in  proportions,  and  used  for  irrigation  purposes,  but  long 
since  a  thing  of  the  past,  shorn  of  its  glory  first  by  the  artesian  wells,  and 
then  eclipsed  bj?-  the  City  Water-works.  The  acequia  had  its  day,  did  its 
useful  work,  and  passed  away  from  the  memories  of  man;  but  over  its  for- 
gotten grave  rises  part  of  the  pi'esent  college  buildings;  and  a  wealth  of  ti-el- 
lised  vines  and  richly-foliaged  trees  keep  a  grateful  memory  of  their  benefac- 
tor in  every  twining  tendril  and  quivering  play  of  wind- tossed  glistening 
leaves. 

So  much  for  the  now  dead  acequia,  which  is  yet  a  living  historical  fact, 
and  in  1851,  it,  as  already  stated,  marked  the  city  limits.  Beyond  it  there 
was  only  one  house,  the  adobe  of  the  Pintos,  and  an  unpretentious  shanty, 
perched  on  the  banks  of  the  Guadalupe,  "all  alone  in  its  glory." 

After  careful  consideration,  Sister  Mary  chose  the  present  site  as  one 
most  appropriate  and  convenient,  and,  at  the  same  time,  secluded,  lying,  as 
it  did,  outside  the  city  limits,  and  some  distance  from  the  most  frequently 
traveled  thoroughfares,  as  it  was  not  until  later  that  Santa  Clara  street 
assumed  its  present  rank  and  position. 

The  Sisters'  original  purchase  was  a  lot  of  thirt3'--seven  by  fifty  Spanish  varas, 
the  only  improvements  being  three  new  adobe  walls  supporting  a  mansard 
roof.  The  former  owner  was  a  complete  exemplification  of  the  scriptural 
man  "  who  began  to  build  and  was  not  able  to  finish."  He  fell  an  untimely 
victim  to  that  fatal  thing — a  mortgage.  The  pi'operty  was  in  Mr.  Crosby's 
hands;  the  transfer  was  readily  effected,  and  the  amount  demanded  paid  in 
quarterly  installments. 

The  grounds  did  not  present  the  most  enticing  appearance.  The  mustard, 
introduced,  as  is  gravely  affirmed,  by  the  missionaries  to  supply  a  necessary 
condiment,  had  completely  escaped  from  all  conti'ol,  and  reveled  in  the 
luxuriance  of  its  freedom.  It,  Constantine-like,  flung  out  its  golden  labarum  to 
the  breeze,  and,  like  another  CfBsar,  "came,  saw  and  conquered."  No  field  in 
the  vicinity  of  the  old  Missions  could  shelter  itself  from  the  audacious 
invader,  and  the  Sisters'  lot  was  no  exception.  So  serried  were  the  ranks 
of  the  towering,  formiilable  mustard,  so  rapid  the  growth  of  broad-palmed, 
aspiring  mallows,  and  unfailing  alfileria  (erodium)  that  it  is  not  to  be  won- 
dered at  that  meek-eyed  cows  and  contented  horses,  as  the  legend  runs,  could, 
in  these  labyrinths,  elude  for  days  the  patient  (?)  search  of  their  masters. 


492  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

This  state  of  affairs  soon  underwent  a  complete  ti'ansformation.  Under 
Sister  Loyola's  and  Sister  Mary's  care,  the  "  wilderness  soon  blossomed  like 
the  rose."  "Wonderful  women,  those  Sisters!"  we  have  often  heard  old 
pioneers  exclaim;  and  when  we  contemplate  the  fruits  of  their  spirit  of 
enterprise  and  energy  we  cannot  refrain  from  re-echoing  the  sentiment. 
Sister  Loyola  of  Lou  vain  and  Sister  Mary  of  Nismes,  are  women  whose  equals 
we  rarely  meet  in  any  walk  of  life ;  grand  characters,  with  all  a  woman's 
gentle,  literary  accomplishments,  a  scholar's  thorough  training,  and,  withal, 
a  marvelous  adaptation  to  all  the  intricacies  of  masculine  occupations. 

With  two  such  stirring  characters,  it  is  not  strange  that  the  work  was  be- 
gun,  and  pressed  forward  to  completion,  in  a  comparatively  brief  space  of  time. 
Mr.  Goodrich,  the  now  distinguished  architect,  was  chosen  for  the  work  ;  and 
on  August  4th,  of  the  same  year,  a  day  and  a  boarding  school  department 
were  opened.  The  expected  Sisters  from  Cincinnati  having  arrived  July  1st, 
were  detained  in  California,  and  in  a  few  months,  despite  the  inconveniences  of 
tedious  stage  travel,  pupils  had  thronged  from  the  remotest  counties  of  the 
State,  to  enter  with  hearty  zest,  upon  a  course  of  study  and  discipline,  that, 
blending  the  useful  and  the  beautiful  in  one  harmonious  whole,  purified  and 
elevated  the  moral  character  of  all  who  submitted  with  docility  to  their 
ennobling  influence.  Habits  of  economy,  order,  and  industry,  those  indis- 
pensables  of  happiness,  were  imbibed  almost  imperceptibly,  and  many  a  wife 
and  mother  has  cause  to  look  back,  with  sentiments  of  grateful  recollection, 
to  her  profitably  spent  hours  in  Notre  Dame. 

Though  constant  changes  and  improvements  were  the  order  of  the  day, 
it  was  not  until  1854,  that  the  foundations  of  the  present  college  were  laid 
Mr.  Kerwin  was  the  architect  but  havino-  buildings  under  his  direction  in 
course  of  construction,  in  Marysville,  and  elsewhere,  as  well  as  in  San  Jose, 
and  the  trip  to  these  places  requiring  days,  in  those  pioneer  periods  of  travel, 
the  consequence  was  that  the  chapel  wing  of  the  building,  in  brick,  would 
have  been  a  total  failure,  had  not  Sister  Loyola  come  to  the  rescue,  and  as 
architect  and  overseer,  calculated  all  necessary  details;  and  directed  the 
various  departments  of  the  work. 

The  chapel  is  a  gem  of  chaste,  artistic  beauty,  and  must  be  seen  in  order 
to  be  appreciated. 

In  1855,  the  college  was  incorporated  by  the  State  Legislature,  and  sub- 
sequently, the  same  body  so  extended  the  original  charter  as  to  confer  all 
the  rights  and  privileges  of  collegiate  institutions  in  the  United  States. 

In  1862-3,  the  main  building,  and  the  eastern  wing  were  completed.  The 
latter  runs  back  to  the  depth  of  two  hundred  and  fifty  feet ;  the  west  wing 
is  one  hundred  and  three  feet  deep ;  the  whole  affording  accommodation  for 
a  large  number  of  pupils. 

In   18G6,  Mr.   Goodrich   erected   the  select  school.     In  1869,  Mr.  Lenzen 


SAN   J0S6   TOWNSHIP.  493 

coutinuud  the  builtling  ;  and,  in  1876,  Mr.  McKeadney  made  the  last  addi- 
tion, and  erected  the  day  school,  where  yearly  an  average  of  about  five  hun- 
dred pupils  receive  the  unwearied  care  of  the  Sisters,  who  disinterestedly 
sacrifice  their  time  and  lives,  gratis,  that  the  "minds  of  the  children  may  be 
fed." 

Thus  we  have  sketched  rapidly  the  rise  and  progress  of  the  oldest  college 
of  our  county.  Space  will  not  allow  us  to  descend  into  particulars,  and  the 
reader  may,  if  he  desire,  verify  the  accuracy  of  our  details,  and  visit  the 
institution,  with  its  encircling  gardens,  interesting  museum  of  conchological, 
mineralogical,  and  numismatical,  specim.ens,  and  philosophical  apparatus, 
teeming  with  instructive  suggestions,  and  inviting  to  study  and  research. 

The  grounds  have  been  barely  mentioned,  but  the  ten  acres  they  cover 
form  a  veritable  lias  in  Urbe,  and  the  sylvan  shades  of  poplars,  elms, 
cypress,  ash,  and  graceful  pepper,  making  "a  vernal  twilight  of  the  noon," 
the  grape-laden  trellises,  the  grassy  lawns,  and  walks  wooing  to  contempla- 
tion, all  form  desirable  educational  appendages,  since  we  are  "  creatures  of  our 
surroundings,"  and  are  impressed  for  good  or  evil,  by  those  external  objects, 
that  through  the  senses,  photograph  themselves  forever  upon  heart  and 
mind. 

Hence  it  is  no  trifling  advantage  for  pupils  to  have  such  lovely  scenes  as 
the  shrining  of  their  daily  lives,  and  to  be  thus  early  trained  to  a  love  of  the 
beautiful  in  art,  and  nature;  for  a  well-known  English  poet  exclaims:  "As 
long  as  I  preserve  unimpaired  my  love  of  nature  I  can,  in  some  measure,  con- 
trol all  my  own  passions,  and  bear  patiently  with  those  of  others,"  a  saying 
that  furnishes  the  two  key-notes  to  personal  and  social  happiness,  self-mas- 
tery, and  mutual  sufferance,  the  basis  of  all  real  courtesy,  without  which 
man  or  woman  is  a  failure,  and  education  incomplete. 

California  State  Normal  School. — Early  in  the  history  of  the  State,  a  few 
gentlemen  of  San  Francisco  who  had  the  educational  interests  of  California 
at  heart,  among  them  being  State  Superintendent  Andrew  J.  Moulder,  John 
Swett  and  City  Superintendent  Henry  B.  James,  mooted  the  idea  of  a  State 
Normal  School.  By  the  earnest  efforts  of  these  gentlemen,  a  City  Normal 
School  was  established  in  San  Francisco  in  1857,  with  George  W.  Minns  as 
Principal,  and  John  Swett,  Ellis  H.  Holmes  and  Thomas  S.  Myrick  assistants. 
This  school  was  continued  until  1862.  In  the  years  1859  and  1860  Mr. 
Moulder  urged  the  establishment  of  a  State  Normal  School,  but  no  action 
was  then  taken  in  the  matter.  Subsequently,  however,  a  committee  was 
appointed  to  examine  into  the  feasibility  of  the  scheme,  which  they  favored 
in  an  elaborate  report  dated  January  2,  1862.  It  was  embodied  by  the 
State  Superintendent  in  a  communication  to  the  Legislature  of  1862,  and 
May  2d  of  that  year  an  Act  providing  for  the  establishment  of  such  an  insti- 
tution   was    passed.     Three    thousand  dollars    was    apjiropriated    by    the 


494  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

Legislature  for  carrying  out  the  design,  and  Ahira  Holmes  appointed  Princi- 
pal by  a  Board  of  Trustees,  consisting  of  Superintendent  Moulder,  George 
Tait,  Superintendent  of  San  Francisco,  and  Dr.  Taylor,  Superintendent  of 
Sacramento.  The  school  was  opened  in  one  of  the  vacant  rooms  of  the  San 
Francisco  High  School,  July  21,  1862,  with  thirty-one  pupils,  but  was  soon 
removed  to  rented  rooms  on  Post  street,  the  teachers  being  Henry  P.  Carlton, 
Vice-Principal,  with  Helen  M.  Clark,  and  Kate  Sullivan  in  the  Training- 
Department.  In  1864  it  was  transferred  to  the  rear  of  the  Lincoln  Gram- 
mar School. 

In  the  month  of  April,  1870,  a  bill  was  passed  by  the  Legislature  directing 
the  levy  of  a  tax  to  provide  a  State  Normal  School  Building  Fund.  About 
the  same  time  the  city  of  San  Jose'  donated  to  the  State  for  the  use  of  the 
Normal  School  the  inclosure  bounded  on  the  north  by  San  Fernando,  on  the 
east  by  Seventh,  on  thg  south  by  San  Carlos,  on  the  west  by  Fourth  streets, 
and  known  as  Washington  square,  containing  twenty-eight  acres  in  all. 
Here  in  1870  was  commenced  the  handsome  edifice  which  was  destroyed  by 
fire  on  the  morning  of  February  11,  1880,  together  with  nearly  all  of  the 
costly  and  excellent  apparatus,  all  of  the  reference  library,  and  most  of  the 
maps,  charts,  and  other  appliances.  The  cabinet  and  museum,  and  the  exten- 
sive herbarium,  the  result  of  years  of  patient  labor  in  collecting  and  arranging 
were  wholly  lost,  as  well  as  the  valuable  scientific  works  which  had  been 
gathered  together,  as  adjuncts  to  these  collections. 

Notwithstanding  the  fearful  disaster,  the  school  was  continued  with  only 
one  day's  interruption;  thanks  to  the  Board  of  Education  of  the  city  of  San 
Jose  who  generously  tendered  to  the  Trustees  of  the  Normal  School,  the  use 
of  the  Hi^h  School  building. 

The  burned  building  was  first  occupied  for  its  proper  uses  July  7,  1872. 

No  time  was  lost  in  replacing  the  former  handsome  structure.  April  12, 
1880,  a  bill  making  appropriation  for  such  was  passed  by  the  Legislature, 
and  in  May,  1880,  the  new  building  was  commenced,  and  was  ready  for  occu- 
pancy within  a  year.  It  is  a  splendid  brick  structure,  in  every  way  adapted 
to  its  purpose,  and  surmounted  by  a  tall  tower  where  hangs  a  sweet-toned 
bell  weighing  three  thousand  pounds.  The  Trustees  for  the  year  1880-81, 
are:  Governor  George  C.Perkins,  State  Superintendent  Fred.  M.  Campbell, 
Hon.  C.  T.  Ryland,  Hon.  James  Denman,  Ben  Cory,  M.  D.,  T.  EUard  Beans, 
and  A.  S.  Evans.  The  Board  of  Instruction  consists  of:  Charles  H.  Allen, 
Principal;  J.  H.  Braly,  Vice-Principal;  Helen  S.  Wright,  Preceptress;  Henry 
B.  Norton,  Ira  More,  C.  AV.  Childs,  Lucy  M.  Washburn,  Mary  E.  B.  Norton, 
Assistants;  Addie  Murray,  Temporary  Assistant;  Ruth  Royce,  Substitute 
Teacher;  J,  H.  El  wood,  Teacher  of  Music;  Phebe  P.  Grigsby,  Principal  of 
Preparatory  Department;  Mary  J.  Titus,  Principal  of  Training  School; 
Mary  E.  Wilson,  Maggie  Scott,   Assistants;    Mrs.   A.  E.  Bush,  Curator  of 


SAN   JOSt   TOWNSHIP.  495 

Museum.     Cornelia  Walker,  Frances  L.  Webster,  and  Eliza  B.  Barnes,  were 
Assistants  for  part  of  the  year. 

The  number  of  pupils  in  18G2,  admitted  to  the  Normal  School,  we  have 
shown  above,  was  thirty-one;  for  the  year  1880-81,  the  total  number  is  five 
hundred  and  ninety,  who  have  come  from  forty-five  different  countie.s,  leav- 
ing seven  in  the  State  unrepresented.  The  number  of  giaduates  in  the  fir.st 
class,  May,  1863,  was  four,  all  of  them  females;  in  the  twenty-second  class, 
1881,  the  total  is  thirty-four,  thirty-two  being  females,  and  only  two  males. 

San  Jose  Lodge,  No.  10,  F.  k,  A.M. — This  lodge  was  opened  undei  Dispens- 
ation, July  11,  18.50,  and  received  its  Charter  from  the  Grand  Lodge  of  Cali- 
fornia, November  27th,  of  the  same  year,  the  following  being  the  members 
to  whom  it  was  granted:  W.  B.  Alvord,  H.  C.  Melone,  J.  Townsend,  E.  D. 
Hammond,  C.  T.  Ryland,  W.  Van  Voorhies,  H.  F.  Williams,  L.  Prevost,  W. 
T.  Burton,  A.  C.  Campbell,  Benjamin  Cory,  J.  D.  Curl,  B.  C.  Donnellan,  W. 
H.  Eddy,  J.  D.  Hoppe,  J.  S.  Houstoun,  P.  O.  Minor,  F.  S.  McKinney,  H.  M.  S. 
Powell,  J.  Reddick,  J.  Van  Carrigan,  W.  WiJlson.  The  original  officers 
were:  W.  B.  Alvord,  W.  M.;  H.  C.  Melone,  S.  W.;  J.  Townsend,  J.  W.;  E. 

D.  Hammond,  Treasurer;  C.  T.  Ryland,  Secretary;  W.  Van  Voorhies,  S.  D.; 
H.  F.  Williams,  J.  D. ;  L.  Prevost,  Tyler.  The  roll  of  members  now  numbers 
one  hundred  and  fifty -four,  who  meet  on  the  first  Monday  in  each  month  at 
the  Masonic  Hall  on  First  street.  The  officers  for  the  current  term  are :  W. 
J.  Wilcox,  W.  M. ;  Wilson  Hays,  S.  W. ;  E.  Topham,  J.  W.  ;  E.  H.  Guppy, 
Treasurer;  W.  B.  Shoemaker,  Secretary;  George  Sim,  Chaplain;  A.  B. 
Hamilton,  S.  D. ;  A.  S.  Knox,  J.  D. ;  W.  T.  Ellis,  Marshal;  O.  F.  Mann, 
Frederick  Powell,  Stewards ;  F.  S.  Coffin,  Tyler. 

Garden  City  Lodge,  No.  i.^2,  /.  0.  0.  J'.— The  Charter  was  granted  March 
20,  1868,  to  the  following  members:  R.  S.  Carter,  John  P.  Backesto,  Frank 
T.  Risdon,  Albert  P.  Hulse,  John  H.  Gordon,  George  W.  Kneedler,  C.  C.  Cook, 
H.  E.  Hills,  Robert  Scott,  C.  W.  Pomeroy,  D.  J.  Porter,  C.  G.  Button.  The 
first  officers  elected  were:  C.  C.  Cook,"N.  G. ;  Robert  Scott,  V.  G.;  A.  P. 
Hulse,  Rec.  Sec. ;  H.  E.  Hills,  Per.  Sec. ;  C.  W.  Pomeroy,  Treas. ;  R.  S.  Carter,  W.  • 
J.  P.  Backesto,  C;  J.  H.  Gordon,  O.  G.;  A.  R.  Manly,  I.  G. ;  F.  T.  Risdon, 
R.  S.  N.  G.;  George  W.  Kneedler,  L.  S.  N.  G. ;  C.  J.  Button,  L.  S.  V.  G. ;  W. 
O.  Barker,  R.  S.  S. ;  D.  C.  Vestal,  L.  S.  S.  The  present  membership  num- 
bers two  hundred  and  twelve,  while  the  officers  for  the  current  term  are;  C. 
J.  Owen,  J.  P.  G.;  Homer  Prindle,  N.  G.  ;  B.  G.  Allen,  V.  G. ;  M.  J.  Ash- 
more,  Recording  Secretary  ;  C.  W.  Cate,  Per.  Secretary ;  C.  H.  Simonds, 
Treasurer;  H.  A.  Crawford,  W. ;  W.  L.  Coombs,  C;  Joseph  Jacklin,  0.  G.; 
T.  E.  Martin,  I.  G.;  D.  J.  Porter,  R.  S.  N.  G.;  C.  W.  Breyfogle,  L.  S.  N.  G.; 

E.  S.  Breyfogle,  R.  S.  V.  G. ;  Marshall  Pomeroy,  L.  S.  V.  G. ;  Henry  J.  Har- 
lem, R.  S.  S. ;  W.  A.  Carpenter,  L.  S.  S.    The  lodge  which  is  in  a  fiourishmg 


496  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

condition,  meets  every  Friday  evening  at  Odd  Fellows' Hall,  341  First  sti-eet, 
at  7.30  P.  M.  during  the  Winter,  and  8  P.  M.  during  the  Summer  months. 

Stella  Rebehah  Degree  Lodge,  No.  22,  I.  0.  0.  F. — This  Lodge  was  insti- 
tuted January  12,  1875,  with  the  undermentioned  Charter  Members:  G.  H. 
Blakeslee,  Mrs.  G.  H.  Blakeslee,  J.  J.  Connor,  Mary  J.  Connor,  Mrs.  D. 
Ackerman,  S.  A.  Barker,  Mrs.  S.  A.  Barker,  Mrs.  D.  J.  Porter,  F.  Buneman, 
Mrs.  F.  Buneman,  D.  Boernert,  Mrs.  D.  Boernert,  H.  A.  Crawford,  Mrs.  H. 
A.  Crawford,  T.  J.  Cook,  Mrs.  T.  J.  Cook,  W.  L.  Coombs.  Mrs.  W.  L.  Coombs, 
J.  W.  Coombs,  Mrs.  J.  W.  Coombs,  H.  H.  Curtis,  Mrs.  H.  H.  Curtis,  Wm.  J. 
Colahan,  Mrs.  C.  Smith,  C.  Crudts,  Mrs.  C.  Crudts,  Milton  Campbell,  Mrs.  M. 
Campbell,  J.  F.  Chambers,  Mrs.  J.  F.  Chambers,  G.  W.  Ethell,  Mrs.  G.  W. 
Ethell,  T.  Gebler,  Mrs.  T.  Gebler,  A.  Gabriel,  Mrs.  A.  Gabriel,  Sam.  P.  Howes, 
Mrs.  Sam.  P.  Howes,  C.  A.  Hunt,  Mrs.  C.  A.  Hunt,  C.  A.  Hough,  Mrs.  C.  A. 
Hough,  S.  H.  Herring,'Mrs.  S.  H.  Herring,  J.  W.  Haskell,  Mrs.  J.  W.  Has- 
kell, Jos.  Hodgetts,  W.  A.  Jackson,  Mrs.  W.  A.  Jackson,  S.  B.  Jacobs,  G.  C. 
Manner,  Mrs.  R.  Kenyon,  Henry  Lux,  R.  W.  Kibbey,  J  Knipper,  Mrs.  J. 
Knipper,  Jos.  A.  Lotz,  Albert  Lake,  W.  M.  Lovell,  W.  A.  Lewis,  Mrs.  W.  A. 
Lewis,  J.  McCole,  Mrs.  J.  McCole,  Wm.  McLeod,  Mrs.  Wm.  McLeod,  J.  H. 
Miller,  Ben.  Miller,  Mrs.  Ben.  Miller,  H.  Moser,  Mrs.  H.  Moser,  J.  J.  Menefee, 
Mrs.  J.  J.  Menefee,  H.  Mitchell,  Mrs.  H.  Mitchell,  G.  Nelson,  W.  L.  Northern, 
Mrs.  W.  L.  Northern,  S.  Newson,  Mrs.  L.  C.  Newson,  Jos.  O'Connor,  Henry 
Phelps,  C.  W.  Pomeroy,  Mrs.  C.  W.  Pomeroy,  A.  C.  Perkins,  Mrs.  A.  C."  Per- 
kins, Jules  Pelle,  D.  J.  Porter,  Charles  Patocchi,  W.  A.  Parkhurst,  Mrs.  W. 
A.  Parkhurst,  Mrs.  A.  K.  Philbrook,  H.  Piessnecker,  Mrs.  H.  Piessnecker, 
Louis  Ranschenbach,  Mrs.  D.  Ranschenbach,  Charles  E.  Schroder,  Charles  S. 
W.  Sikes,  Mrs.  Louisa  Sikes,  D.  L.  Shead,  Mrs.  D.  L.  Shead,  Chas.  Shephard, 
Mrs.  C.  Shephard,  M.  Schlessinger,  Mrs.  M.  Schlessinger,  J.  N.  Spencer,  Mrs. 
J.  N.  Spencer,  H.  J.  Stone,  Mrs.  H.  J.  Stone,  T.  C.  WinchelL  W.  C.  Wilson. 
Thomas  Williams,  Mrs.  T.  Williams,  H.  T.  Welch,  Mrs.  H.  T.  Welch,  W.  M. 
Williamson,  Leopold  Weltch,  Wm.  L.  Woodson,  Hugh  Young,  Mrs.  H. 
Young,  G.  W.  Zimmer,  Mrs.  G.  W.  Zimmer,  A.  C.  Tedford,  L.  J.  Tedford, 
Mrs.  S.  E.  Morton,  Mrs.  Ellen  Lux,  Mrs.  M.  L.  Lovell,  Mrs.  Emma  Manner^ 
Mrs.  Addie  Wilcox,  Mrs.  Esther  Eslich,  Mrs.  E.  Pearce,  Mrs.  E.  M.  Rhodes,' 
Mrs.  Mary  Sterens.  Mrs.  Fanny  O'Connor,  J.  B.  Church,  Mrs.  J.  B.  Church, 
D.  H.  Kelsey,  Mrs.  D.  H.  Kelsey,  H.  J.  Jai^ian,  Mrs.  H.  J.  Jamian.  The  tirst 
officers  elected  were :  P.  G.,  C.  W.  Pomeroy,  N.  G. ;  Mrs.  J.  J.  Crawford,  V.  G. ; 
Mrs.  Mary  Jackson,  Recording  Secretary;  Mrs.  Louisa  Sikes,  Financial  Secre- 
tary; Mrs.  C.  A.  Hunt,  Treasurer;  Theo.  Gebler,  L  G. ;  T.  J.  Cook,  W.;  W.  L. 
Woodrow,  C;  G.  W.  Ethell,  O.  G. ;  Mary  A.  Williams,  R.  S.  N.  G.;  Mrs.  D. 
Ranschenbach,  L.  S.  N.  G. ;  Theo.  C.  Winchell,  R.  S.  V.  G. ;  Gustave  Nelson,  L. 
S.  V.  G.  The  Lodge  meets  on  the  second  and  fourth  Tuesdays  in  each 
month,  at  Odd  Fellows'  Hall,  San  Jose.  The  present  membership  is  one  hun- 


^. 


^^/^-^^^^^ 


SAN    JOSE   TOWNSHIP.  497 

dred  and  twenty-six;  and  the  officers  for  the  current  term  are:  Mary  A. 
Williams,  N.  G. ;  Flora  Kelsey,  V.  G. ;  Louisa Boardman,  Recoiding  Secretary; 
Louisa  Sikes,  Financial  Secretary;  Laura  B.  Howes,  Treasurer  ;  Dora  Kelsey, 
W. ;  Millie  Sikes,  C;  Jos.  Jacquelin,  L  G. ;  C.  T.  Settle,  R.  S.  N.  G. ;  Nettie 
Grubbs,  L.  S.  N.  G.;  J.  B.  Church,  R.  S.  V.  G. ;  Helen  Campbell,  L.  S.  V.  G. 

Granger  Lodge  No.  .'295,  /.  0.  G.  T. — The  Charter  for  this  lodge  was 
o-ranted  to  the  followino:  membei-s  March  2,  1874 :  S.  B.  Caldwell,  Mrs.  Maria 
Culp,  Mrs.  R.  A.  McMahan,  James  Eddy,  Kate  Cozzens,  W.  S.  Boyles,  Jennie 
M.  Young,  Robert  Campbell,  W.  W.  Cozzens,  R.  D.  Guard,  Mrs.  H.  A. 
Malone,  Mrs.  M.  Cozzens,  Levi  Millard,  S.  H.  Herring,  Sarah  Damon,  S.  B. 
•lacobs,  G.  A.  Ingram,  W.  Mitchell,  Jennie  Wallace,  Henry  Mitchell,  Mrs.  A. 
Ransom,  Visa  E.  Millet,  Wm.  Shelbourne,  Mrs.  L.  J.  Bacon,  N.  Green, 
the  original  officers  being:  S.  B.  Caldwell,  W.  C.  T.  ;  Jennie  M.  Young,  W. 
Y.  T.;  Mrs.  M.  Cozzens,  W.  Chap.;  W.  W.  Cozzens,  W.  Sec;  Mrs.  H.  A. 
Malone,  W.  A.  S. ;  Mrs.  Maria  Culp,  W.  F.  S. ;  James  Eddy,  W.  Treas.;  W. 
S.  Boyles,  W.  M. ;  Robert  Campbell,.  W.  I.  G.;  R.  D.  Guard,  W^  O.  G.; 
Kate  Cozzens,  W.  R.  H.  S. ;  Mrs.  McMahan,  \Y.  L.  H.  S. ;  Henry  Mitchell,  P. 
W.  C.  T.  The  lodge  meets  every  Saturday  evening  at  Druid's  Hall,  First 
street,  San  Jose';  has  a  present  membership  of  eighty -three;  and  the  under- 
mentioned officers  for  the  current  term:  W.  G.  Wyman,  W.  C.  T.;  Mrs. 
Woodard,  W.  V.  T.;  Miss  Hattie  Chase,  W.  R.  S.;  H.  G.  Keesling,  W.  F.  S.; 
Mrs.  Whipple,  W.  T. ;  C.  H.  Bacon,  W.  M.;  Mrs!  Overshiner,  W.  I.  G. ; 
Mrs.  Annie  Keesling,  W.  O.  G.;  Mrs.  L.  J.  Bacon,  W.  C. ;  R.  C.  Swan,  P.  W. 
C.  T. ;  H.  C.  Keesling,  Lodge  Deputy. 

Allemania  Lodge,  Xo.  178,  L.  0.  0.  F. — The  establishment  of  this  lodge  dates 
from  September  2,  1870,  the  following  being  the  Charter  Members:  Charles 
E.  Raabe,  Theodore  Gebler,  C.  Claassen,  J.  Knipper,  H.  Albert,  F.  Biebrach, 
Jacob  Haub,  Louis  Ranschenbach.  The  original  officers  were  :  C.  E.  Raabe, 
N.  G. ;  T.  Gebler,  Y.  G. ;  C.  Claassen,  Treasurer ;  J.  Knipper,  Secretary.  The 
lodge  meets  at  Odd  Fellows'  Hall  on  Monday  of  each  week,  and  has  a  pres- 
ent membership  of  seventy-six.  The  officers  for  the  current  term  are:  A. 
J.  Koch,  N.  G.;  Philip  Doerr,  Y.  G. ;  C.  Curdts,  Secretary;  L.  AV.  Otto,  Per- 
manent Secretary;  W^illiam  Althaus,  Treasurer;  J.J.  Sontheimer,  R.  S.N. 
G. ;  William  Kuer.sten,  L.  S.  N.  G. ;  Edward  Peters,  R.  S.  Y.  G. ;  Charles 
Metzler,  L.  S.  Y  G.;  Y.  Koch,  Conductor;  C.  M.  Klotz,  Warden;  J.  Stein- 
gruber,  I.  G. ;  J.  Jacquelin,  0.  G.;  Trustees,  George  C.  Fricke,  J.  J.  Sonthei- 
mer, C.  E.  Raabe. 

Mount  Hamilton  Lodge,  No.  ^S,  A.   0.    U.  W. — The  Ancient  Order  of 

United    Workmen   organized  their    lodore    Aucfust    1,   1878,  the  followinof 

being  the  Charter  Members:     Homer  J.  Alderman,  William  D.  Allison,  Karl 

D.  Anderson,  Morris  Appleton,  Clarence  M.  Ayres,  John  H.    Baird,  Emory 

32 


^OS  HISTORY    OF   SANTA    CLARA    COUNTY,    CALIFORNIA. 

Barris,  Georcfe  P.  Bassett,  George  W.  Bennett,  Henry  W.  Betts,  Max.  Blum- 
entlial,  Charles  L.  Breyer,  Thomas  A..  Brookbanks,  Frederick  J.  Buneman, 
M.  D.  Burgess,  Louis  Callisch,  Milton  Campbell,  George  Carson,  Curtis  F. 
Chadwick,  Walter  Chadwick,  Thomas  F.  Childs,  J.  B.  Church,  Charles  E. 
Clayton,  Charles  A.  Clemence,  Henry  Clifton,  Richard  E.  Collins,  Thomas 
H.  Cordell,  Andrew  J.  Cory,  John  B.  Cory,  J.  B.  Cox,  Hugh  A.  de  Lcay, 
Charles  Dennj^  James  B.  Finch,  Samuel  Flack,  Jeptha  Fuson,  William  T. 
Garner,  Andrew  A.  Gaston,  Chai'les  H.  Gorr,  William  F.  Gussefeld,  Frank 
M.  Haight,  Oliver  A.  Hale,  Alonzo  B.  Hamilton,  John  F.  Hardisty,  A.  W. 
Harvey,  Daniel  N.  Haskell,  William  O.  Hatch,  C.  W.  F.  Heumann,  Jacob 
Hobson,  H.  A.  Houghton,  Lauren  E.  Humphreys,  Wm.  Jackson,  Daniel  R. 
Jayne,  Charles  W.  Kerr,  Henry  Laurilliard,  Arch.  K.  Litton,  Harrmann 
Levy,  M.  S.  Levy,  E.  B.  Lewis,  James  B.  Lewis,  Augustus  F.  Lincoln,  George 
J.  Mallmann,  Byron  G."*  Mantle,  A.  McMahon,  William  McMeekin,  Albert  B. 
McNeil,  Morgan  Miles,  Samuel  E.  Moreland,  Frank  Molke,  Ira  T.  Newsoni, 
William  Osterman,  Walter  A.  Parkhurst,  Z.  M.  Parvin,  James  M.  Pitman, 
John  S.  Potts,  Henry  E.  Reynolds,  Lewis  Schoen,  Robert  Scott,  James  N. 
Shaw,  Daniel  L.  Shead,  Alvis  B.  Singleton,  Benjamin  Solomon,  Joseph  M. 
Stillwell,  William  P.  Veuve,  William  Vinter,  Frank  M.  Ward,  Thomas  M. 
White,  James  W.  Wilkinson,  John  R.  Wilson,  Joseph  Wolf,  Chapman  S. 
Yates.  The  original  officers  were:  J.  B.  Church,  P.  M.  W. ;  Thomas  H. 
Cordell,  M.  W. ;  A.  B.  Hamilton,  G.  F. ;  W.  P.  Veuve,  O. ;  James  M.  Pitman, 
Rec. ;  O.  A.  Hale,  F.  Resigned:  J.  B.  Finch,  F.  Elect:  Max.  Blumenthal, 
R.;  Wm.  Jackson,  G.;  W.  A.  Parkhurst,  L  W.;  A.  W.  Harvey,  O.  W.  The 
lodge,  which  now  musters  one  hundred  and  thirty  members,  meets  every 
Wednesday  evening  at  Champion  Hall,  First  street,  between  San  Antonio  and 
San  Fernando  streets,  and  has  as  officers  for  the  current  year :  A.  B.  McNeil, 
P.  M.  W.;  J.  B.  Finch,  M.  W.;  George  Carson,  G.  F.;  Max.  Blumenthal,  O.; 
J.  M.  Pitman,  Rec;  William  Osterman,  F.;  M.  J.  Ashmore,  R. ;  William  A. 
Carpenter,  G.;   M.  D.  Hyde,  I.  W.;  J.  B.  Lewis,  O.  W. 

San  Jose  Stamni,  No.  77,  U.  0.  R.  M. — This  society  which  is  a  bi'anch  of 
the  Red  Men's  Lodge,  was  organized  April  2,  1SG5,  with  the  following 
Charter  Members:  R.  Gerdes,  L.  Schoen,  A.  Holloway,  W.  Roese,  T.  Lenzen, 
I.  Moser,  the  first  office-bearers  being:  R.  Gerdes,  Chief;  T.  Lenzen,  Second 
Chief;  L.  Schoen,  Secretary ;  H.  Foertsch,  Treasurer.  The  present  member- 
ship numbers  fifty;  those  now  in  office  are  :  V.  Humburg,  Chief;  Z.  Hirth, 
Vice-Chief;  F.  Raux,  Secretary;  C.  Doerr,  Treasurer;  and  the  lodge  meets 
in  Messing's  Building,  First  street,  between  San  Fernando  and  El  Dorado 
streets,  on  Thursday  evening  in  each  week. 

Phil  Sheridan  Post,  No.  7,  Grand  Army  of  the  Republic,  Department  of 
California, — This  Post  of  the  Grand  Army  of  the  Republic  was  organized 


SAN   JOS£   TOWNSHIP.  499 

August  10,  1878,  with  the  undermentioned  Charter  Members:  W.  F.Ellis, 
A.  J\I.  Henkel,  H.  T.  Welch,  John  White,  Charles  Smith,  John  S.  Gessell,  D. 
N.  Haskell,  J.  B.  Wright,  L.  L.  Nattinger,  D.  M.  Rodibaugh,  F.  H.  Angell. 
The  original  officers  were:  W.  F.  Ellis,  Post  Commander;  L.  L.  Nattinger, 
Senior  Vice-Commander;  Charles  Smith,  Junior  Vice-Commander;  D.  N. 
Haskell,  Surgeon;  Henry  T.  Welch,  Chaplain ;  D.  M.  Rodibaugh,  Quarter- 
Master;  A.  M.  Henkel,  Adjutant;  F.  H.  Angell,  Officer  of  the  Day;  John 
White,  Officer  of  the  Guard.  The  Headquarters  are  at  Druid's  Hall,  where 
the  post  meets  every  Wedensday  evening;  the  muster-roll  now  numbers  sev- 
enty-four, while  the  officers  for  the  current  term  are  :  A.  G.  Bennett,  P.  C; 
L.  L.  Nattinger,  S.  V.  C;  Daniel  McGinley,  J.  V.  C;  A.  McMahon,  Surg.; 
D.  M.  Rodibaugh,  Chap.;  L.  Finigan,Q.  M.;  H.  S.  Foote,  Adj.;  L.  W.  Denan, 
Officer  of  the  Day;  M.  Costello,  Officer  of  the  Guard. 

HarTnony  Lodge,  Ko.  If.,  Order  of  Sons  of  Hermann. — This  Lodge  was 
organized  July  20,  1879,  with  the  following  Charter  Members:  F.  Zueschke, 
D.  Boernert,  P.  Warkentin,  G.  Gebhardt,  D.  Schneider,  C.  Goepper,  S.  Volk, 
G.  Schmidt,  G.  Wendt.  G.  Meyer,  C.  Strard,  S.  Kopp,  A.  Frank,  C.  Metzler, 
H.  Erie,  B.  Lenz,  J.  Messing,  J.  Dittus,  C.  Deuser,  G.  Scherrer,  B.  Straub,  G. 
Lauck,  N.  Niederreuther,  G.  de  Witt,  C.  Louggi,  C.  Heckraann,  L.  Bauer,  C. 
Dellwing,  C.  Bernhardt,  D.  Schoenheit,  M.  Magnus,  J.  Phillips,  N.  Allen,  R. 
Ziegler,  N.  Husing,  J.  Emig,  C.  Bode,  C.  Emig,  B.  Hegele,  J.  Krattigcr,  H. 
Roehr,  G.  Kluever,  C.  Fischer,  F.  Jung,  F.  Kunz,  F.  Brunst,  J.  Hartzoke,  H. 
Emig.  The  first  officers  were:  F.  Zueschke,  President;  E.  Boernert,  Vice-Pres- 
ident; P.  Warkentin,  Socretary;  G.  Gebhardt,  Treasurer;  S.  Volk,  Conductor; 
G.  Meyer,  I.  G.;  E.  Heckmann,  O.  G.  The  lodge  meets  on  Wednesday  in  each 
week  in  Red  Men's  Hall,  and  the  present  membership  is  fifty-one.  The 
officers  for  the  current  year  are:  P.  Warkentin,  President ;  D.  Schneider, 
Vice-President;  C.  Fischer,  Secretary;  G.  Gebhardt,  Treasurer;  George 
Kluever,  Conductor;  B.  Hegele,  O.  G.;  S.  Kopp,  I.  G. 

San  Jose'  Turn-Verein. — This  society  was  organized  June  17,  1808,  by 
Henry  Seebach,  Chris  Yertts,  Charles  Doerr,  Emil  Reinhardt,  F.  Hoos,  Wil- 
liam Conradys,  William  Ziegler,  William  Althaus,  Julius  Kreiger.  The  first 
officers  were :  President,  F.  Hoos ;  Vice-President,  Henry  Seebach  ;  Record- 
ing Secretary,  E.  Reinhardt;  Corresponding  Secretary,  C.  Doerr;  Treasurer, 
W.  Conradys;  First  Leader,  W.  Siegler;  Second  Leader,  Julius  Kreiger; 
Curator,  W.  Althaus.  The  society  meets  on  the  first  Wednesday  in  each 
month  in  their  hall  situated  on  First,  between  San  Carlos  and  San  Fernando 
streets,  the  present  officers  being  :  C.  Doerr,  President ;  Recording  Secretary, 
Peter  Warkentin ;  Treasurer,  Henry  Roehr ;  First  Leader,  C.  Bertlesmann  ; 
Curator,  M.  Magnus;  Steward,  F.  Beunermann. 

San  Jose  Gerraania  Verein. — In  the  year  1S5G  was  started  the  San  Josd 


500  HISTORY    OF    SANTA    CLARA   COUXTY,    CALIFORNIA. 

Verein,  which  continued  as  a  German  Club  until  the  year  1865,  when  the 
Germania  was  instituted,  the  two  being  shortly  after  amalgamated.  The 
first  President  of  the  San  Jose  Verein  was  Louis  Krumb,  there  being  asso- 
ciated with  him  in  membership  Adolph  Pfister,  John  Balbach,  Louis  Magen- 
heimer,  and  others.  On  the  inauguration  of  the  Germania  in  18G5,  Louis 
Krumb  was  elected  its  President  and  Dr.  Eichler,  Secretary.  The  present 
membership  now  numbers  sixty,  while  the  officers  are:  President,  John  Bal- 
bach ;  Vice-President,  M.  Stern ;  Treasurer,  F.  Luther ;  Secretary,  George 
Fricke;  Librarian,  F.  Theilig;  Curator,  Charles  Otter;  Musical  Director,  H. 
Schemmel;  Committee  of  Management,  William  Steinbuehler,  G.  A.  Knoche. 
The  society  is  entirely  a  social  one,  its  rooms  on  Santa  Clara  street,  opposite 
the  Opera  House,  being  open  to  members  only  on  Thursday  of  each  week, 
where  are  a  well-selected  library  and  readino--room.  On  the  last  Sundav  of 
each  month  a  dramatic  entertainment  is  given,  whither  a  member  is  entitled 
to  invite  a  certain  number  of  guests. 

Handel  and  Haydn  Musical  Society  of  San  Jose. — This  association  was 
organized  in  the  month  of  September,  1875,  with  the  following  Charter  Mem- 
bers: B.  F.  Caswell,  J.  H.  El  wood,  George  Pomeroy,  W.  A.  Parkhurst,  A.  P. 
Murgotten,  G.  E.  Lighthall,  R.  B.  Crichton,  Elliot  Reed,  Alfred  Barstow, 
W.  D.  St.  Clair,  Charles  E.  Schroder,  E.  Rosseau,  J.  W.  Pembroke,  T.  T.  Bird, 
Mesdames  A.  Barstow,  B.  L.  Hollenbeck,  E.  P.  Reed,  J.  H.  Elwood,  Elliot 
Reed,  L.  A.  Tuck,  A.  E.  Pomeroy,  H.  S.Foote,  A.  M.  Crichton,  W.  D.  St.  Clair, 
E.  Rosseau,  and  Misses  Delia  Marvin,  Allie  Marvin,  Lillie  Johnson,  Nora  Willey, 
Mary  Willey,  Fannie  Williams,  Emma  Pembroke,  Sallie  Webb.  The  original 
officers  were:  Elliot  Reed,  President;  Mrs.  B.  L.  Hollenbeck,  Vice-President; 
George  Pomeroy,  Secretaiy;  G.  E.  Lighthall,  Treasurer;  W.  D.  St.  Clair, 
Librarian;  J.  H.  Elwood,  Conductor;  Miss  Lucy  Washbui-n,  Pianist.  The 
meetings  of  the  society  are  held  in  the  Bank  of  San  Jose  Building,  at  the 
corner  of  First  and  Santa  Clara  streets,  where  they  have  the  largest  musical 
library  in  California.  The  present  membership  numbers  fifty  ladies  and 
gentlemen,  many  of  whom  display  vocal  and  instrumental  talent  of  a  high 
order,  the  attainment  of  which  being  in  a  great  measure  due  to  the  untiring 
efforts  of  J.  H.  Elwood,  the  Conductor.     George  Pomeroy,  Pi-esident. 

Santa  Clara  Valley  Agricultural  Society. — The  following  interesting  his-        „ 
tory  of  this  association,  from  the  pen  of  Colonel  Younger,  is  extracted  from        I 
The  Pioneer  of  June  8,  1878:  "  This  society  has  assumed  such  proportions  in       i 
her  real  estate,  and  in  her  exhibitions  in  the  various  departments,  as  to  chal- 
lenge the  admiration  of  the  citizens  of  the  Pacific  coast.     Her  history  of 
small  beginnings,  the  energy  of  her  pioneers  to  organize  at  once,  to  experi- 
ment and  develop  the  resources  of  this,  then  a  new  and  undeveloped  country, 
ought  to  be  of  interest  to  those  citizens  who  have  located  recently  in  the  val- 


SAN   JOS 6    TOWNSHIP.  501 

ley,  under  more  favorable  eii-cuinstances.  The  pioneer  meeting  which  was 
the  germ  of  this  society,  was  held  August  13,  1853,  under  a  large  live-oak, 
in  what  is  now  known  as  the  Live-oak  Park,  then  belonging  to  L.  Prevost. 
The  meeting  was  composed  of  William  Daniels,  L.  Prevost,  L.  Pillia,  J.  R. 
Bontemps,  B.  S.  Fox,  and  E.  W.  Case.  It  was  held  for  the  purpose  of  oi-gan- 
izing  the  Pioneer  Horticultural  Society,  which  they  did.  The  subsequent 
meetings  were  held  at  the  old  City  Hall.  This  little  band  was  strengthened 
by  sCich  men  as  Joseph  Aram,  J.  Q.  A.  Ballou,  R.  G.  Moody,  Judge  D.  Devine, 
L.  A.  Gould,  Thomas  Fallon,  John  Lewelling  of  Alameda  county,  and  some 
others.  During  the  balance  of  this  year  and  the  year  1854,  they  met  once  a 
month,  brought  in  their  fruits  and  flowers  for  exhibition,  to  compare  and 
discuss  the  merits,  and  determine  what  fruits  weie  best  adapted  to  the  valley. 
This  was  often  most  interesting  and  instructive.  All  were  invited  to  attend, 
and  many  were  enticed  to  tho.se  meetings  to  see  tliedevelopu)ent  of  the  fj-uit- 
grow^hig  capacity  of  the  valley.  Many  ladies  attended  and  were  ricidy 
rewarded,  for  after  witnessing  the  display  of  fruits  and  flowers,  at  the  conclu- 
sion these  were  divided  among  them.  The  old  pioneers  knew  how  to  be 
gallant  to  the  ladies!  These  exhibitions  soon  excited  the  agriculturists  to 
action.  We  shall  soon  see  a  union  of  tliese  two  interests,  and  follow  them  in 
their  tedious  stages  to  the  formation  of  this  society,  under  an  Act  of  the 
Lejifislature  in  1859. 

A  meetino-  of  ao-riculturists  was  held  at  the  City  Hall  in  San  Jose,  May 
6,  1854,  pursuant  to  call  made  by  F.  B.  Murdoch,  editor  of  the  San  Jose 
Telegraph.  "H.  C.  Melone  was  called  to  the  Chair,  and  H.  Hamilton 
appointed  Secretary.  William  M.  Stafford  stated  the  objects  of  the  meeting 
to  be  to  organize  a  County  Agricultural  Society.  On  motion  of  F.  B.  Mui- 
doch  a  committee  was  appointed  consisting  of  F.  Kennedy,  Joseph  Atam, 
and  0.  P.  Watson,  to  prepare  a  Constitution  for  Vlv.  society,  said  committee 
to  report  at  an  adjourned  meeting  to  be  held  at  the  Court  House  on  Satur- 
day, the  2()th  instant,  at  two  o'clock,  p.  m.  On  motion  of  John  Yoniz,  the 
proceedings  of  this  meeting  were  directed  to  be  published  in  the  San  Jose 
Telegraph.  The  meeting  then  adjourned.  H.  C.  Melone,  Chairman;  Hiram 
Hamilton,  Secretary."  The  next  meeting  was  held  at  the  Court  House.  May 
20,  1854.  "  On  motion,  H.  C.  Melone  was  called  to  the  Chair,  and  E.  P 
Reed  appointed  Secretary.  The  committee  who  had  been  appointed  to 
draft  a  Constitution  and  By-laws  for  the  society,  presented  their  report. 
On  motion,  the  same  was  received,  and  the  committee  discharged.  On 
motion  of  Colonel  Stafford,  the  Constitution  and  By-Laws  as  presenterl  by 
the  committee,  were  taken  up,  read  by  sections,  amended  and  adopteil.  On 
motion  of  O.  P.  Watson,  the  Chairman  appointed  a  committee,  consisting 
of  O.  P.  Watson,  S.  Robinson,  William  M.  Stafford,  J.  Miller,  and  Isaac  Bird, 
to  report  officers  for  the  society.     The  committee  made  the  following  nomi- 


502  HISTORY    OF   SANTA   CLARA    COUNTY,    CALIFORNIA. 

nations:  For  President,  Dr.  L.  H.  Bascom;  Vice-President,  J.  F.  Kennedy 
Recordino^  Secretary,  E.  P.  Reed;  Corresponding  Secretary,  W.  S.  Letcher 
Treasurer,  F.  G.  Appleton;  For  Board  of  Managers,  J.  B.  Allen,  of  Gilroy 
Frost  of  Fz-emont;  James  Houston  of  Alviso;  Joseph  Aram,  William  R. 
Bassham,  Dr.  Lanofhorne,  and  Samuel  Robinson.  Mr.  Aram  moved  that  the 
committee  selected  to  nominate  permanent  officers  of  the  society  also  nomi- 
nate seven  gentlemen  as  a  Committee  on  Agriculture,  and  five  as  a  Commit- 
tee on  Horticulture,  Carried.  The  Committee  on  Nominations  reported  the 
folio v/ing  on  Agriculture:  H.  C.  Melone,  Oliver  Cottle.  Isaac  Bird,  J.  R. 
Weller,  G.  W.  Peck,  O.  P.  Watson,  and  H.  C.  Skinner.  On  Horticulture, 
Joseph  Aram,  J.  F.  Kennedy,  William  Daniels,  Louis  Prevost  and  John 
Morse,  Carried.  Messrs.  Melone,  Stafford  and  Watson  were  then  appointed 
a  committee  to  procure  a  suitable  room.  On  motion  of  Judge  Devine,  the 
society  was  authorized  to  procure  a  suitable  book,  in  which  to  transcribe 
the  Constitution  and  By-Laws,  names  of  members,  and  the  proceedings  of 
the  society.  Judge  Daniels  moved  that  the  society  meet  again  on  the  sec- 
ond Saturday  in  June,  at  two  o'clock  P.  M.  J.  F.  Kennedy  moved  that  the 
Secretary  present  a  copy  of  the  proceedings  of  this  meeting  to  the  Editors  of 
the  Sm  Jose  Telegraph,  and  California  Farmer  for  publication,  and  also  to 
give  notice  of  the  meeting  in  June.  Dr.  L.  H.  Bascom,  Pz-esident;  E.  P. 
Reed,  Recording  Secretary."  The  next  meeting  was  held  June  11,  1854,  at 
the  Court  House.  Little  business  was  transacted  save  the  amending  of  the 
Constitution,  and  introduction  of  a  resolution  by  Judge  Daniels  to  appoint  a 
committee  of  three  to  draft  rules  for  the  regular  order  of  business.  Daniels, 
Williams  and  Aram  were  appointed,  "  On  motion  of  Captain  Aram,  the  com- 
mittee was  instructed  to  report  at  next  meeting.  On  motion  of  Mr.  Weller, 
John  M.  Horner  was  elected  an  Honorary  member  of  the  society.  Mr. 
Melone  moved  that  Mr.  Horner  be  invited  to  take  part  in  the  deliberations 
of  the  meeting.  On  motion  of  O.  P.  Watson  the  society  adjourned  to  Sep- 
tember 1st.  E.  P.  Reed,  Secretary."  There  was  no  meeting  held  on  Sep- 
tember 1,  1854.  On  December  13,  1856,  a  meeting  was  held  at  the  City 
Hall,  for  the  purpose  of  organizing  a  County  Agricultural  and  Horticultural 
Society.  "  L.  H.  Bascom  was  called  to  the  Chair,  and  H.  C.  Melone  appointed 
Secretary.  On  motion,  the  Constitution  and  Bj'-Laws  of  the  former  society 
were  read.  On  motion,  William  Daniels,  H.  C.  Melone,  and  Dr.  J.  C.  Cobb, 
were  appointed  a  committee  to  draft  a  Constitution  and  By-Laws,  and 
report  the  same  to  a  meeting  to  be  held  January  1,  1857.  On  motion  the 
Secretary  was  requested  to  furnish  copies  of  these  proceedings  to  the  news- 
papers of  this  city  for  publication.  On  motion,  the  meeting  adjourned 
until  Januar}^  1,  1857.  H.  C.  Melone,  Secretary."  The  Constitution  must 
have  been  then  adopted,  for  at  the  following  meeting  the  name  now  in  use 
was  fixed  upon.     "  The  Santa  Clara  Valley  Agricultural  and  Horticultural 


SAN  JOSl^.   TOWNSHIP.  503 

Society  met  in  the  City  Hall  at  two  o'clock,  p.  m.,  February  7,  1857,  Dr.  L. 
H.  Bascom  in  the  Chair.  On  motion  of  C.  Peebels,  the  society  proceeded 
to  elect  officers  for  the  ensuinpr  year.  The  following  gentlemen  were  unani- 
mously elected:  For  President,  Judge  W.  Daniels;  Vice-Presidents,  Coleman 
Younger,  and  Joseph  Aram;  Secretary,  Dr.  J.  C.  Cobb;  Treasurer,  R.  G, 
Moody;  Directors,  L.  A.  Gould,  and  L.  Prevost.  At  a  meeting  of  the 
Agricultural  Society,  held  at  the  City  Hall,  in  the  City  of  San  Jose,  on  Feb- 
ruary 7,  1857,  a  quorum  being  present  the  following  was  adopted:  Resolved, 
That  the  Treasurer  be  and  is  hereby  instructed  to  pay  to  each  member  of 
this  society  the  amount  subscribed  by  said  member,  provided  he  applies  for 
the  same  before  the  first  day  of  March  next,  and  whatever  remains  in  the 
treasury  after  said  first  day  of  March  be  paid  to  the  Treasurer  of  the  Agri- 
cultural and  Horticultural  Society  of  the  Valley  of  Santa  Clara,  subject  to  the 
disposition  of  said  society  last  mentioned.  Adjourned  sine  die.  E.  P.  Reed, 
Secretary."  "A  meeting  of  the  society  was  held  July  2,  1857.  Dr.  J.  C.' 
Cobb  resigned  and  H.  C.  Melone  was  elected  Secretary  to  fill  the  vacancy. 
On  motion,  L.  H.  Bascom,  Jo.seph  Aram  and  Cary  Peebels  were  appointed  a 
committee  to  examine  the  premium  list,  and  fill  up  the  same.  On  motion, 
the  fair  was  set  for  the  18th  and  19th  of  September,  1857.  On  motion, 
the  society  adjourned  to  the  18th  of  September  next,  H.  C.  Melone,  Secre- 
tary. The  Board  of  Managers  met  at  the  City  Hall,  July  18,  1857.  The 
list  of  premiums  was  agreed  upon.  The  Board  adjourned  to  the  1st  day  of 
August." 

This  society  continued  to  hold  fairs  under  many  difficulties  until  incor- 
porated under  an  Act  of  the  Legislature,  approved  March  12,  1859,  as  the 
Santa  Clara  Valley  Agricultural  Society.  The  first  officers  elected  under  the 
Charter  were:  Judge  William  Daniels,  President;  Cary  Peebels  and  Cole- 
man Younger,  Vice-Presidents;  C.  B.  Younger,  Secretary;  R.  G.  Moody, 
Treasurer;  L.  Prevost,  and  H.  H.  Winchell,  Directors.  "October  10,  1857, 
it  was  at  this  meeting  that  the  first  move  was  made  to  purchase  grounds. 
On  motion,  it  was  resolved  that  a  committee  of  three  be  appointed  to 
examine  into  the  propriety  of  purchasing  grounds  for  the  Annual  County 
Fair,  and  report  at  the  next  meeting.  On  motion,  Coleman  Younger,  Joseph 
Aram,  and  L.  Prevost,  were  appointed  on  said  committee.  This  committee 
made  no  report,  but  at  a  meeting  of  the  Board  held  November  6,  1858,  Cary 
Peebels,  H.  H.  Winchell,  and  Coleman  Younger  were  appointed  a  committee 
to  examine  in  reference  to  purchasing  permanent  grounds  to  hold  our  fairs. 
March  19,  1859. — The  society  met  pursuant  to  adjournment,  William  JDaniels 
in  the  Chair.  On  motion,  the  funds  and  other  property  of  the  society  were 
ordered  to  be  transferred  to  the  Santa  Clara  Valley  Agricultural  Society, 
organized  under  an  Act  of  the  Legislature,  entitled  "An  Act  concerning 
Agricultural  Societies,"  approved  March   12,  1859.     On  motion,  the  society 


oO-i  HISTORY    OF    SANTA   CLARA   COUNTY,    CALIFORNIA. 

adjourned  sine  die.  C.  B.  Younger,  Secretary."  On  March  19,  1850,  the 
following  persons  met  at  the  City  Hall  in  San  Jose  for  the  purpose  of  organ- 
izing the  society,  under  the  Act  of  the  Legislature  mentioned  above,  and  to 
adopt  a  Constitution:  William  Daniels,  Cary  Peebels,  R.  G.  Moody,  H.  H. 
Winchell,  Abe  S.  Beatty,  L.  C.  Ward,  Coleman  Younger,  Henry  C.  Melone, 
Caius  T.  Ryland,  Jeremiah  Miller,  and  Charles  B.  Younger.  The  business 
was  duly  arranged  and  the  following  officers  elected  for  the  ensuing  year: 
William  Daniels,  PrCvsident;  Car}^  Peebels,  and  Coleman  Younger,  Vice-Pres- 
idents; C.  B.  Younger,  Secretary:  Kansom  G.  Moody,  Treasurer;  Louis 
Prevost,  and  H.  H.  Winchell,  Directors.  On  motion,  a  committee  consisting 
of  Cary  Peebels,  Col.  Younger,  H.  H.  Winchell,  H.  C.  Melone,  T.  Bodley,  H. 
Shartzer,  and  J.  C.  Cameron  was  appointed  to  solicit  donations  to  the  society, 
for  the  purpose  of  purchasing  and  improving  the  fair-grounds  for  the  society. 
At  the  meeting  of  the  society  held  March  26, 1859,  the  By-Laws  were  adopted. 
On  motion,  a  committee  consisting  of  Car}'  Peebels,  H.  H.  Winchell,  H.  C. 
Melone,  and  Coleman  Younger,  was  appointed  to  complete  the  purchase  of 
the  fair-grounds  for  the  society,  and  collect  the  donations  and  pay  for  the 
grounds  and  receive  the  deed  for  the  same;  and  were  instructed  to  have  the 
fair-grounds  inclosed,  whenever  a  sufhcient  amount  of  money  had  been 
donated  to  the  society  for  that  pui'pose,  and  were  further  instructed  to  have 
the  track  surveyed  off*  after  the  grounds  were  fenced,  and  report  to  the  Board 
of  Managers.  The  park  contains  seventy-six  acres,  and  is  located  on  the 
Alameda,  between  San  Jose  and  Santa  Clara.  The  avenue  leading  from  the 
entrance  to  the  grand  stand  is  one  hundred  and  twenty  feet  wide.  On  the 
right  as  one  enters,  there  are  fourteen  acres  set  apart  and  laid  out  in  drives 
and  walks,  with  ample  grounds  for  a  large  pavilion,  that  will  be  built  here- 
after. (For  this  topic,  we  refer  our  readers  to  the  close  of  this  notice.) 
The  grounds  are  now  planted  out,  with  two  thousand  six  hundi'ed  forest  and 
ornamental  trees,  and  have  made  a  fine  growth.  On  the  left,  there  are  about 
seventeen  acres  for  stalls  and  amphitheater;  there  are  three  hundred  stalls 
erected  for  stock,  in  double  rows,  with  an  avenue  one  hundred  feet  wide  run- 
ning the  entire  length  of  the  grounds  on  that  side,  with  a  double  row  of 
trees  on  either  side  of  the  avenue  next  to  the  stalls ;  these  trees  will  in  a  few 
years  give  ample  shade.  In  the  center  of  these  grounds,  and  at  the  back  of 
the  stalls,  reaching  up  to  the  track,  are  the  grounds  for  the  amphitheater. 
This  will  be  four  hundred  and  fifty  feet  in  diameter,  and  six  hundred  trees 
are  planted  on  the  outside  for  ornament  and  shade,  and  to  assist  in  the 
construction  of  seats  to  make  them  durable  and  safe.  When  it  is  com- 
pleted it  will  seat  seven  thousand  five  hundred  people.  The  amphitheater 
will  be  large  enough  to  exhibit  one  thousand  head  of  stock  at  the  same 
time.  The  trees  are  so  planted  that  there  is  a  grand  entrance  for  stock, 
and  one  for  them  to  retire.     In  the  center  there  is  a  clump  of  trees  for  the 


KAN   JOSlfi    TOWNSHIP.  505 

judges' stand,  and  for  music.  Cii  tliu  outside  nuirgiu  oi"  this  circle  tliei- 
will  be  a  track,  one-([uarter  of  a  mile  around,  for  speed  purposes.  Then  we  shall 
have  one  of  the  fastest  mile  tracks  in  the  State;  judges'  stand,  and  two  large 
stands  for  visitors."  Colonel  Youngei-  further  pursues  this  theme  in  the  fol- 
lowing words:  "  It  would  now,  not  oidy  he  pleasant,  but  instructive  to  go 
back  to  that  first  meeting  held  under  that  '  Live-oak,'  to  see  those  old 
pioneers  seated  upon  the  ground  under  that  beautiful  tree,  discussing  the 
future  of  this  valley,  and  planning  to  develop  her  future  greatness.  Then 
follow  along  as  they  and  others  struggled  to  plant  this  institution  upon  a 
firm  and  enduring  foundation,  against  many  ditficulties — for  you  niu.st  bear 
in  mind  that  the  population  of  8an  Jose  was  then  counted  by  the  hundreds* 
and  the  county  by  a  few  thousands. 

But  let  us  follow  them  in  their  struggles.  In  the  first  place,  they  had  no 
funds,  no  hall,  no  fair-grounds;  the  Board  would  appoint  their  committees 
to  beg,  and  to  sell,  annual  memberships,  to  form  a  basis  fo*"  premiums;  then 
they  would  have  to  cater  for  what  we  now  call  a  hall,  and  for  a  piece  of 
ground  from  some  citizen,  for  a  stock  fair-grounds;  and  between  the  two, 
with  other  necessary  expenses,  they  were  in  good  luck  if  they  came  out  even. 
And  thus  it  continued  for  years,  until  the  old  committees,  or,  in  other 
words,  the  old  war-horses,  were  ashamed  to  beg.  Our  first  stock  fair 
would  beggar  description ;  but  our  fruits,  grain,  vegetables,  and  flowers,  on 
account  of  the  newness  of  the  country,  excited  more  interest  then  than 
now.  In  our  present  advanced  prosperity,  we  can  hardly  realize  that  we 
had  such  a  beginning,  with  a  population  now  in  the  county  of  thirty-five 
thousand,  and  in  San  Jose  of  eighteen  thousand,  with  a  fair-ground,  worth 
nearly  one  hundred  thousand  dollars,  splendidly  improved  and  beautifully 
ornamented,  our  stock  fairs,  in  every  department,  would  do  credit  to  any 
State  fair.  Now,  for  a  moment,  let  us  imagine  the  time  when  the  pavilion 
will  be  completed  according  to  the  plan,  and  filled  up  with  the  mechanical 
inventions,  and  other  industries  of  the  country;  and  when  the  amphitheater, 
according  to  the  plan,  shall  have  been  built,  with  seven  thou.sand,  five  hun- 
dred spectators,  seated,  to  view  the  exhibition  of  a  thousand  head  of  fine 
thorough-bred  stock;  the  population  of  the  town  increased  to  twentv,  or 
thirt}'  thousand,  and  of  the  county  to  fifty  thousand.  That  day  will  indeed 
be  a  proud  one  for  the  people  of  Santa  Clara  county,  but  will  they  ever 
think  of  the  struggles  of  those  few  who  built  up  this  institution,  and  made 
it  a  grand  success,  dating  back  to  the  Live-oak  meeting,  and  running  up  to 
the  present  date.  There  were  one  hundred  and  ninety-nine  original  con- 
tributors to  the  purchase  and  improvement  of  the  fair-grounds,  which  langed 
from  three  hundred  down  to  one  dollar,  the  county  giving  five  hundred  dol- 
lars. April  1,  IHod,  the  Board,  through  the  committee  appointed  to  solicit 
subscriptions,  and  the  sale  of  membershijis,  etc.,  had  raised  the  sum  ot   four- 


506  HISTORY    OF    SANTA    CLARA    COUNTY,   CALIFORNIA. 

teen  thousand  four  hundred  and  sixty-four  dollars,  fifty-five  cents.  The 
expenses  for  the  year  1859,  up  to  November  29th,  including  purchase  of 
fair-grounds,  and  improving  tlie  same,  and  expenses  of  holding  the  fair  of 
that  year,  were  sixteen  thousand  three  hundred  and  ninety-six  dollars  and 
eighty  cents.  This  was  the  first  fair  held  under  the  Charter.  Due  credit 
should  be  given  for  those  who  planned  and  carried  out  this  grand  enterprise 
to  its  present  success.  This  has  been,  in  part,  already  done,  but  the  main 
success  is  due  to  the  members  of  the  Board,  the  committee  they  appointed, 
November  G,  1858,  and  the  addition  made  to  that  committee  afterwards. 
These  determined  upon  success.  They  visited  every  section,  nearly  every 
citizen  in  the  county,  presented  the  importance  of  acquiring  fair-grounds 
while  it  could  be  done  at  a  moderate  price,  and  while  the  opportunity  offered 
to  make  a  selection  that  would  meet  the  convenience  of  the  public.  By 
their  energy,  they  raised  fehe  means  to  buy  and  improve  this  beautiful  park. 
This  was  the  constant  labor,  or  nearly  so,  of  several  year.s.  This  Boai'd  and 
this  committee  were  kept  in  power  until  they  had  completed  the  enterprise ; 
the  society  was  out  of  debt,  and  the  fairs  a  complete  success.  This  they 
did  without  ever  receiving  one  dollar  of  compensation  for  labor  performed, 
or  money  expended  by  them  for  necessary  expanses.  The  exhibitions  at  the 
pavilion  have  been  most  attractive  from  the  bsginning,  and  the  members 
representing  the  Horticultural  Department  deserve  special  mention  on  this 
occasion,  for  to  them  is  due  our  success  at  the  hall,  and  the  grand  develop- 
ments of  the  fruit-growing  capacity  of  the  valley.  The  mention  of  the 
names  of  these  gentlemen  will  bring  up  pleasant  recollections:  L.  Prevost, 
William  Daniels,  B.  S.  Fox,  E.  W.  Case,  William  O'Donnell,  Joseph  Aram, 
James  R.  Lowe,  Sr.,  L.  PiUia,  D.  T.  Adams,  J.  Q.  A.  Ballou,  L.  A.  Gould, 
L.  F.  Sanderson,  and  others.  These  gentlemen  collectively,  and  by  turns, 
have  arranged  and  ornamented  the  hall,  have  furnished,  with  others,  fruits, 
vegetables,  and  flowers,  the  two  first  of  which,  in  size  and  flavor,  challenge 
the  admiration  of  visitors,  while  the  last  named,  in  variety  and  beauty,  are 
hardly  excelled  in  any  country.  They  have  made  this  department  a  great 
success,  while,  by  their  labors  at  home,  and  their  exhibitions  at  the  pavilion^ 
they  have  written  the  histoiy  of  the  fruit-growing  capacity  of  the  valley,  so 
that  our  fruits  are  shipped  to  all  parts  of  the  United  States,  and  to  Europe. 
Now,  if  I  were  to  attempt  to  introduce  to  you  the  names  of  all  those  who 
contributed  in  any  way  to  the  success  of  the  enterprise,  from  the  beginning 
to  the  present  time,  it  would  be  an  endless  task,  but,  as  I  have  mentioned 
the  names  of  some  of  the  founders,  in  their  proper  place,  and  who  worked 
this  institution  up  to  its  present  charter  organization  with  great  success,  it 
may  be  eminently  proper  to  mention  a  few  of  those  who  since  that  time 
have  occupied  the  front,  without  any  disparagement  to  many  others  who 
have  done  their  duty.     W.  C.  Wilson  has  occupied  the  Presidency  of  this 


SAN  J0S6  TOWNSHIP.  507 

society  for  nine  years,  his  administration  being  a  great  success.  He  has 
been  aided  by  an  intelligent  and  working  Board.  The  various  improve- 
ments at  the  park,  the  forest  that  has  been  planted,  the  grand  exhibitions 
of  stock — hardly  equalled  anywhere — and  the  financial  success,  shows  that 
these  nine  years  have  been  full  of  thought,  energy,  and  labor.  The  Presi- 
dent and  the  members  of  the  Board  deserve  our  congratulations.  Especial 
mention,  however,  ought  to  be  made  of  William  O'Donnell  and  Gary  Peebels, 
who  were  old  members  of  the  Board,  and  who  did  good  service  all  along  the 
line,  nearly  from  the  beginning  up  to  the  present  date.  Mr.  O'Donnell  drew 
the  plan  for  the  pavilion  grounds  and  assisted,  in  part,  to  plant  the  forest 
and  ornamental  trees,  but  to  Mr.  Peebals  is  due  the  credit  of  completing,  as 
it  is  now  seen,  this  work,  which  has  been  a  laborious  task.  He  has  superin- 
tended the  watering,  pruning,  and  cultivation  of  two  thousand  six  hundred 
trees,  for  years,  which  was  no  light  work. 

We  must  now  do  justice  to  the  one  hundred  and  ninety-nine  contributors, 
for  without  their  aid  the  enterprise  must  have  failed.  Their  liberality  pur- 
chased the  fair-grounds,  inclosed  the  same  with  a  hifjh  board  fence,  built 
stands,  made  the  track,  and  assisted  in  many  other  improvements.  These 
contributions  were  given  with  the  express  understanding  that  this  property 
should  never  be  alienated  under  any  circumstances,  but  should  remain  intact 
as  a  park  for  all  time — as  a  monument  of  their  generosity.  This  park  does 
not  belong  to  the  life  members,  as  some  think,  neither  to  the  Board  of  Mana- 
gers, but  to  the  society,  and  the  humblest  citizen  in  the  county  has  as  much 
claim  upon  it  as  the  most  influential.  The  newspapers  from  the  beginning 
up  to  the  present,  have  done  good  service  and  deserve  our  thanks.  The 
ladies,  from  the  first  dawn  of  our  society,  have  done  nobly.  Their  display  in 
all  the  ornamental  departments  and  in  some  of  the  more  domestic,  have  done 
them  great  credit,  and  added  greatly  to  the  attractions  of  the  hall.  The 
Sisters  of  Notre  Dame  deserve  our  thanks,  for  at  an  early  time,  when  we 
needed  help,  they  made  a  most  attractive  display  at  our  exhibitions  at  the 
hall  in  paintings,  drawings,  and  needle-work,  which  added  greatly  to  the 
interest  of  the  occasion.  The  citizens  of  Santa  Clara  county  are  proud,  and 
have  right  to  be  proud,  of  this  park— located  between  San  Jos^  and  Santa 
Clara,  on  the  Alameda,  surrounded  on  three  sides  by  wide  and  beautiful 
avenues.  In  a  few  years  the  society  will  have  one  of  the  most  beautiful 
parks  in  California,  and  when  these  towns  shall  become  one,  and  the  popu- 
lation shall  increase  to  fifty  thousand,  then  this  park  shall  be  a  breathing 
place  for  them,  where  they  may  retire  from  toil,  and  inhale  the  pure  air; 
then  the  labors  of  those  who  have  built  up  this  park  will  be  appreciate." 

We  are  informed  that  the  foregoing  history  was  penned  several  years  ago 
at  the  request  of  the  society;  since  then  Colonel  Younger  has  added  some 
remarks  on  those  who  took  an  active  part  in  its  affairs  that  have  passed 


50S  HISTORY    OF    SANTA   CLARA   COUNTY,    CALIFORNIA. 

away,  "  whose  memory  ought  to  be  cherished,  not  only  by  the  members  of 
the  society,  but  by  all  pioneers,  for  in  tlieir  day  they  devoted  their  time, 
talents  and  energy  to  develop  and  build  up  the  resources  of  this,  their  young 
and  undeveloped  county,  and  they  all  lived  to  see  their  labors  crowned  with 
success.  The  following  gentlemen  have  gone  to  their  long  rest:  Major  S.  J. 
Hensley,  Judge  William  Daniels,  L.  Prevost,  J.  R.  Lowe,  Sr.,  Judge  D. 
Devine,  L.  Pillia,  H.  C.  Melone,  J.  F.  Kennedy,  W.  S.  Letcher,  John  Yontz, 
H.  C.  Skinner.  These  were  grand  old  pioneers;  most  of  them  have  filled 
honorable  positions  in  this  county  and  State,  and  all  occupied  high  positions 
among  their  fellow-citizens,  all  being  distinguished  in  their  respective  pur- 
suits. These  eleven  old  pioneers  will  be  honored  and  their  memory  cherished 
as  long  as  there  is  a  pioneej."  living  in  Santa  Clara  county.  We  love  to  think 
and  talk  about  them.'  It  required  just  such  men  to  make  this  the  rich  and 
beautiful  county  that  ^\^  now  see  it,  and  we  hope  the  time  will  come  when 
the  society  will  build  a  monument  in  her  beautiful  park  in  memory  of  her 
honored  dead.  I  must  not  close  this  without  making  honorable  mention  of 
my  friend  and  co-laborer,  Givens  George,  whose  efforts  were  untiring  in 
building  up  the  society.  He  w^as  Secretary  for  several  years  in  her  darkest 
days;  his  ability  and  honesty  helped  to  carry  her  through  to  her  present 
prosperity.  The  people  of  Santa  Clara  county  have  always  responded  when 
called  on  to  help  the  society.  Knowing  that  a  new  grand  stand  was  needed 
for  our  large  population,  they  have  subscribed  a  sufficient  amount  for  that 
purpose."  Thus  Colonel  Younger  concludes  his  sketch,  but  with  that  true 
spirit  of  gentlemanly  instinct  he  has  given  praise  to  all  except  himself.  To  his 
energy  and  ability  the  society  owes  much;  it  is  said  that  it  was  through  his 
devotion  that  the  grounds  were  ultimately  purchased  and  the  sum  of  seven 
thousand  dollars  subscribed  to  construct  the  grand  stand,  while  the  credit 
reflected  on  his  exhibits  at  the  State  and  county  fairs,  is  cast  back  upon  this 
valley,  and  the  society  of  which  he  is  so  prominent  a  member,  in  such  a  man- 
ner as  must  be  gratifying  to  all.  The  following  are  the  names  of  those  who 
agreed  to  lend  the  society  one  hundred  dollars,  and  wait  until  the  association 
could  pay  it  back  from  the  proceeds  of  the  stand  :  William  C.  Wilson,  T. 
Ellard  Beans,  E.  C.  Singletary,  L.  Lion,  Coleman  Younger,  Rush  McComas, 
Frs.  E.  Spencer.  Wm.  Quin,  Cyrus  Jones,  Wm.  Fischer,  N.  R.  Harris,  J. 
B.  Randol,  J.  P.  Sargent,  Thos.  H.  Laine,  Tyler  Beech,  M.  Malarin,  John  H. 
Moore,  Wm.  L.  Tisdale,  Martin  Murph}',  W.  H.  Stone,  Sarah  L.  Knox,  L.  D. 
Huntsman,  Charles  McLaughlin,  Thos.  Hildreth,  Return  Roberts,  S.  A. 
Bishop,  L.  Archer,  Wm.  E.  Waters,  E.  0.  Smith,  C.  B.  Polhemus,  Josiah 
Belden,  David  Belden,  S.  0.  Houghton,  C.  Burrel,  John  Reynolds,  R.  K. 
Ham,  J.  S.  Carter,  H.  M.  Leonard,  P.  O.  Minor,  F.  C.  Franck,  J.  H.  M. 
Townsend,  E.  L.  Bradley,  A.  Lagarde,  Wm.  Boots,  T.  W.  Spring,  Wm.  P. 
Hougherty,  J.  R.  Arques,  B.  S.  Fox,  E.  P.  Reed,  G.  W.  Rutherford,  E.  Mc- 


SAN    J0S6   TOWNSHIP.  509 

Laiiu;hliu,  .].  H.  ()-/nn\  B.  F.  Giali;iin,  Chas.  E.  Wliite,  Mary  Murphy, 
Mark  Farncy,  J.  P.  Boyer,  James  McMahon,  L.  Goodrich,  W.  S.  Clark,  J.  R. 
Weller,  James  A.  Clayton,  Theo.  Leiizen,  T.  Andrews,  S.  F.  Leib,  Moses 
Davis.  J.  M.  Battee,  Wm.  H.  Ware,  Jessa  Cheney,  D.  M.  Delmas,  M.  Levy, 
W.  H.  Wing,  C.  H.  Maddox. 

As  an  interesting  record  we  now  produce  the  subscription  list  for  the  pur- 
chase and  improvement  of  the  fair-grounds,  November  28,  1859:  Santa 
Clara  county  headed  the  list  with  five  hundred  dollars;  William  Daniels  gave 
three  hundred  dollars  ;  Martin  Murphy,  Sr.,  James  Lick,  Samuel  J.  Hensley, 
Josiah  Belden,  Philip  G.  Vibbard,  W.  M.  Williamson,  two  hundred  dollars 
each;Adolph  Pfi.ster,  E.  Auzerais  &  Bro.,  Calvin  Martin,  Thomas  Bodley, 
Naglee,  Peach  &  Billings,  one  hundred  and  fifty  dollars  each ;  James  Murphy, 
one  hundred  and  twenty-five;  J.  F.  Kennedy,  one  hundred  and  twenty; 
Coleman  Younger,  H.  C.  Melone,  Cary  Peebels,  William  B.  Thornburge, 
Hiram  Shartzer,  Rowley  &  Adams,  A.  S.  Beatty  &  Bro.,  William  Reynolds, 
S.  B.  Emerson,  William  McClay,  H.  H.  Winchell,  C.  W.  Pomeroy  &  Co.,  W. 
W.  McCo\%  E.  W.  Grover,  W.  W.  Hollister,  W.  M.  Lent,  John  H.  Cameron, 
John  Young,  R.  K.  Ham,  Daniel  Murphy,  S.  P.  Coburn,  one  hundred  dollars 
each;  Peter  Quivey,  seventy  dollars;  G.  Mengarini,  S.  J.,  J.  R.  Lowe,  Sr., 
Isaac  N.  Thompson,  Aus.  M.  Thompson,  Delavan  Hoag,  Henry  Lawrence, 
Isaac  Y.  Brooks,  Antonio  Sufiol,  F.  &  J.  Stock,  R.  G.  Moody,  V.  D.  Moody, 
Morris  Wise,  S.  0.  Broughton,  E.  J.  Wilcox,  Adam  Holloway,  L.  Froment 
&  Co.,  W.  H.  Hall,  L.  H.  Bascom,  John  G.  Bray,  Santa  Clara  Brewery.  B. 
S.  Fox  &  Co.,  S.  C.  Young,  J.  R.  Weller,  Louis  Prevost,  William  Aram,  A. 
Lervies,  John  H.  Moore,  J.  C.  Cobb,  G.  B.  Van  Nest,  L.  Pellier,  fifty  dollars 
each  ;  John  Trimble,  forty  dollars;  H.  D.  McCobb,  Morgan  &  Johnson,  Victor 
Speckins,  S.  S.  Johnson,  A.  C.  Erkson,  John  West,  Horace  Hawes,  M.  Jour- 
dan,  D.  Gerdes,  C.  Columbet,  Isaac  Branham,  John  M.  Murphy,  G.  W.  Fraz- 
ier,  S.  A.  Clark,  P.  H.  Burnett,  C.  T.  Ryland,  J.  P.  Springer,  P.  Sa-issait,  J. 
Cerensky,  John  Balbach,  Williams  &  Winslow,  A.  Delmas,  J.  D.  Gunn,  Loewe 
&  Bro.,  Levy  &  Bro.,  Leddy  &  Statsman,  Haskell  &  Porter,  Yocco  &  Bro., 
Pearl  &  Reen,  Lilly  &  Both  well,  J.  W.  Sims,  William  Matthews,  E.  W.  Case, 
J.  R.  Wilson,  Lawrence  Archer,  F.  G.  Appleton,  J.  B.  Bontemps,  G.  George 
&  Co.,  William  McClay,  N.  Hays,  John  W.  Hardwick,  G.  Brohaska,  William 
Travis,  Patrick  Fenton,  D.  Williams,  H.  H.  Warburton,  James  Scott,  Mark 
Hardy,  T.  S.  Bradley,  John  W.  Leigh,  J.  A.  Quimby,  Freeman  Gates,  John 
Johnson,  twenty-five  dollars  each;  William  T.  Wallace,  William  S.  Letcher, 
Jackson  Lewis,  P.  O.  Minor,  Henry  Deatsman,  James  Houston,  Madan  »fe 
Fo.sgate,  F.  C.  Franck,  J.  N.  Appleton,  Massey  Thomas,  C.  D.  Cheney,  twenty 
dollars  each;  H.  &  E.  A.  Van  Dalsen,  Joseph  Bassler,  George  Bego,  ten  dol- 
lars each  ;  Edward  McGowan,  eight  dollars  ;  C.  W.  Lander,  T.  D.  Johnson,  J. 
H.  Scull,  Mathew  Mitchell,  B.  Bompard,  James  O'Brien,  S.  B.  Montgomery, 


510  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

R.  F.  Herrick, Rich,  five  dollars  each ;  J.  L.  Miller,  Wesley   Tonner, 

two  dollars  each ;  John  Santana  one  dollar.  In  addition  to  the  above  the 
following  labor  and  material  was  contributed  free  of  cost  to  the  society: 
George  H.  Bodfish,  three  thousand  six  hundred  and  forty-one  feet  of  lumber 
at  the  mill,  ninety-one  dollars;  Green  Hanna,  transporting  it  from  the  mill, 
thirty-seven  dollars;  J.  P.  Henning,  two  thousand  seven  hundred  feet  of 
lumber  at  the  mill,  fifty-four  dollars;  W.  K.  Bethel,  one  thousand  feet,  same 
as  above,  thirty  dollars;  G.  B.  Blanchard,  seven  hundred  feet,  same  as  above, 
twenty-one  dollars;  Henry  Jarboe,  lumber,  twenty-five  dollars;  F.  A.  Shep- 
ard,  lumber,  fifteen  dollars;  F.  S.  McGirr,  shingles,  twenty- five  dollars,  Mar- 
tin McCarthy,  shingles,  ten  dollars;  Jeremiah  Miller,  flagstafi",  and  sundries, 
fifty  dollars;  F.  M.  Fowler,  one  hundred  and  thirty  posts,  twenty  dollars  ; 
H.  Mafire,  blacksmithing,  forty  dollars;  L.  A.  Gould,  pump,  seventy-five 
dollars;  J.  Bassle,  pump,  mne  dollars;  C.  E.  Campbell,  lead  pipe,  ten  dollars: 
R.  Fletcher,  two  sashes, 'one  dollar  and  fifty  cents. 

Santa  Clara  County  Pioneers. — In  the  early  part  of  the  year  187o,  Colonel 
Younger  conceived  the  idea  of  starting  a  Pioneer  Society,  for  Santa  Clara 
county,  of  all  those  who  had  arrived  in  California  prior  to  1853.  After 
consulting  among  his  friends,  all  of  whom  took  kindly  to  the  project,  a 
meeting  of  a  few  of  them  was  held  in  the  rooms  of  the  Agricultural  Society. 
Gary  Peebels  was  called  to  the  Chair,  and  Alexander  P.  Murgotten  acted  as 
Secretary. 

Mr.  Peebels  stated  that  the  purpose  of  the  meeting  was  to  take  steps 
towards  the  organization  of  a  Pioneer  Society  for  Santa  Clara  county,  the 
object  of  which  would  be  to  cultivate  social  intercourse;  to  form  a  more  per- 
fect union  among  its  members ;  to  create  a  fund  for  charitable  purposes  ;  to 
form  a  library  and  cabinet,  and  to  collect  and  preserve  information  concern- 
ing its  members  and  the  history  of  the  State. 

It  was  decided  to  hold  a  basket  picnic  at  O'Donnell's  Gardens,  on  the  22d 
of  June,  1875,  at  which  time  the  society  would  be  regularly  organized.  A 
long  list  of  the  prominent  pioneers  of  the  county  were  appointed  to  assist  in 
the  organization. 

A  committee  was  appointed  to  draft  a  Constitution  and  By-Laws  for  the 
society,  to  be  submitted  at  the  picnic.  The  committee  consisted  of  Colonel 
Younger,  Judge  A.  L.  Rhodes,  John  Trimble,  Judge  Davis  Devine,  and  John 
M.  Murphy. 

A  very  large  attendance  of  the  pioneer  citizens  of  the  county,  was  had  at 
the  picnic,  held  at  O'Donnell's  Gardens  on  the  22d  June,  1875.  The  same 
officers  officiated  as  at  the  preliminary  meeting.  Colonel  Younger  was 
called  upon,  and  briefly,  yet  forcibly,  stated  the  objects  of  the  meeting,  and 
stated  that  he  had,  in  connection  with  Mr.  Murgotten,  succeeded  in  getting  a 
list  of  two  hundred  and  twenty  Charter  Members,  and  invited  any  old  pio- 


SAN   JOSl^.   TOWNSHIP.  511 

« 

neer  present,  wlio  had  not  signified  his  willingness  to  join,  to  come  up  and 
sign  the  roll.  The  committee  appointed  to  draft  a  Constitution,  reported  one 
which  was  unanimously  adopted.  It  fixed  the  22d  June  as  the  time  for 
holding  the  annual  picnic  and  gathering  of  tlie  pioneer.s,  and  made  the 
arrival  on  this  coast  prior  to  the  22d  of  June,  1853,  as  a  qualification  neces- 
sary for  membership.  The  officers  of  the  society  are :  a  President,  two  Vice- 
Presidents,  Secretary,  Treasurer,  and  six  Directors.  The  Directors  have 
charge  of  all  the  business  of  the  society.  The  annual  dues  were  fixed  at  two 
dollars  per  year.  The  organization  was  then  perfected  by  the  election  of 
Judge  A.  L.  Rhodes  as  President;  J.  M.  Murphy  and  P.  O.  Minor,  Vice- 
Presidents;  Alex.  P.  ]\[urgotten,  Secretary;  Jno.  H.  Moore,  Treasurer; 
Directors — Colonel  Younger,  Davis  Devine,  John  Trimble,  A.  Pfistcr,  Cary 
Peebels,  and  B.  D.  Murphy. 

Judge  Rhodes  was  succeeded  by  Colonel  Younger,  which  position  Mr. 
Younger  held  for  four  years,  and  displayed  marked  ability  in  the  manage- 
ment of  the  society,  when  he  was  succeeded,  in  1880,  by  Robert  Page.  Mr. 
Alex.  P.  Murgotten  has  held  the  office  of  Secretary  since  its  organization,  and 
through  his  individual  exertion  and  zeal  the  society  has  accumulated  a  vast 
amount  of  pioneer  information,  and  is  possessed  of  a  very  interesting  cabinet, 
composed  of  articles  of  great  value  as  pioneer  relics. 

Of  the  other  officers,  Mr.  A.  Pfister  is  still  a  member  of  the  Board,  being  a 
very  valuable  member  of  that  Body.  Davis  Devipe  died  during  the  term  of 
his  office,  as  have  many  more  of  the  members  of  the  society.  One  by  one 
the  old  pioneers  of  the  county  are  being  taken  over  the  range,  to  fathom  the 
unknown,  and  still  greater  country  beyond  the  confines  of  earth. 

From  the  organization  the  society  prospered  rapidly,  until  its  membership 
reached  six  hundred  and  thirty,  but  the  dull  years  came,  and  the  scarcity  of 
money,  in  some  degree,  affected  its  growth,  and  many  dropped  out.  But  it 
still  has  a  goodly  membership,  and  will  be  a  source  of  great  satisfaction  to 
the  members,  the  pioneers,  who  have  added  so  much  towards  building  up  and 
beautifying  the  Golden  State. 

The  officers  of  the  society,  at  the  present  writing,  are  as  follows:  President, 
Robert  Page;  Vice-President,  A.  Pfister;  Secretary,  Alex.  P.  Murgotten; 
Treasurer,  C.  W.  Pomeroy;  Directors,  A.  Pfister,  J.  H.  M.  Townsend.  W.  S. 
Gaines,  Thomas  Cam.pbell,  John  Auzerais,  S.  O.  Houghton. 

The  rooms  are  located  in  the  Commercial  Bank  Building,  at  which  all 
pioneers  are  invited  to  call. 

Among  the  members  of  the  society  are  Henry  Jubilee  Bee,  a  pioneer  of 
1830,  still  alive;  Mrs.  S.  O.  Houghton  and  Mrs.  Mattie  Lewis,  survivors  of 
the  Donner  party ;  John  M.  Murphy,  the  man  who  brought  the  barrel  of 
gold-dust  to  the  county ;  Hon.  S.  O.  Houghton  and  A.  Pfister  of  Steven- 
son's   Regiment;    Captain    Aram,    George    Cross,  Major    Campbell,   S.  W. 


512 


HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 


Boring,  Martin  Corcoran,  Thomas  Fallon,  Ed.  Johnson,  Judge  Moultrie,  John 
Trimble,  Winslow  Bennett,  Mexican  War  Veterans,  who  assisted  in  con- 
quering this  country  from  Mexico;  M.  Sch alien bergei',  the  "boy  hero  of  the 
Sierras,"  whose  exploits  and  sufferings  in  those  mountains,  in  the  Winter  of 
'44  and  '45,  command  a  place  in  history;  and  many  of  the  prominent  citizens 
of  the  county,  in  every  avocation  of  life. 

The  officers  for  1881-82;  are  as  follows:  President,  John  Trimble;  Vice- 
Presidents,  Robert  Page  and  John  Auzerias;  Secretary,  Alex.  P.  Murgotten; 
Treasurer,  C.  W.  Pomeroy ;  Dii*ectors,  S.  O.  Houghton,  A.  Pfister,  Henry  Lu«x, 
F.  C.  Franck,  W.  S.  Gaines,  J.  R.  Weller. 

In  the  year  1877  the  Society  of  Pioneers  held  a  grand  festival,  when  they 
were  visited  by  their  brethren  of  San  Francisco,  literary  exercises  being  the 
order  of  the  day.  The  oration  was  received  with  great  applause,  and  the 
band  having  executed  an-*  operatic  selection,  the  President  introduced  Miss 
Mattie  Patten,  who  in  an  eloquent  and  able  manner  rendered  the  following 
beautiful  poem,  written  b}''  Sister  Annie  Fitzgerald,  of  the  College  of  Notre 
Dame,  and  entitled: — 

WELCOME    TO    OUR    PIONEERS. 


Not  with  cold,  unmeaning  accents, 

Not  with  polished,  formal  phrase, 
Not  as  strangers,  greeting  strangers, — 

O,  our  friends  of  early  days! — 
Do  we  bid  you  cordial  welcome. 

In  our  frank  bvit  homely  speech — 
Aye,  a  heart's  o'erflowing  welcome, 

Such  as  love  alone  can  teach. 

There  is  naught  of  labored  straining 

When  the  heart  and  lip  agree; 
Little  need  to  weigh,  or  measure, 

When  our  thoughts  and  words  are  free; 
And,  however  rude  the  diction. 

When  the  spirit's  depths  are  stirred 
To  their  inmost  founts  of  feeling, 

Who  will  cavil  at  a  word  ? 


Name  so  linked  and  interwoven 

With  our  country's  weal  and  woe, 
That  we  feel  our  pulses  quickening 

And  our  hearts  and  cheeks  aglow, 
While  we  own  with  grateful  feeliiig 

All  the  justice  of  its  claim. 
As  it  shines  a  fadeless  nimbus 

Round  your  well-won  patriot  fame. 

Name  that  clothes  with  deeper  meaning 

Every  scene  around  our  way. 
As  we  welcome  you  who  wear  it 

On  our  fair  State's  natal  day, 
California!  Califoruial 

Brightest,  dearest,  loveliest,  best, 
Ye  were  first  to  see  her  pillowed 

On  her  Mother  Union's  breast. 


Be  the  outer  shell  forgotten  ; 

Let  our  words  be  what  they  will ; 
They  are  meant  to  shine  in  res'erence, 

Pearls  of  kindly  welcome  still ; 
Kindly,  hospitable  welcome 

To  our  honored  guests  to-day ; 
Greeting  to  our  Queenly  City 

From  the  hearts  of  San  Jos6. 

Greeting  to  the  loyal  heroes 

Of  our  young  Land's  early  years, 
Homage  to  the  silvery  honors 

Of  our  noble  pioneers. 
Name  that  like  a  conjurer  summons 

All  the  past  before  our  eyes — 
Toils  and  struggles,  wants  and  hardships, 

Perils,  dangers,  sacrifice. 


Ye  were  first  beside  her  cradle 

When  our  great  Mid-Century  came. 
With  a  trumpet-voiced  "Eureka!  " 

Blazoning  o'er  the  world  her  fame  ; 
Ye  were  first  beside  her  cradle 

When  our  quiet  valley  town 
Won  and  wore  the  fresh,  green  honors 

Of  the  Capitolian  crown. 

And  ye  come  to-day  as  pilgrims 

To  the  fountain-head  whence,  first, 
Living  streams  of  Law  and  Order 

O'er  our  sunset  valley  burst. 
Ye  are  welcome!  0,  most  welcome! 

Unforgotten  shall  we  hold, 
In  our  civic  wreath  of  memory, 

This  bright,  shining  leaf  of  gold. 


jiinx^-:-:-^^  -  ^. 


THE  NEW  YORK 

PUBLIC  LIBRARY 


A»TOK,   L&NOX  AND 
TILBEN  FOUNDATIONS. 


SAN   JOSfi   TOWNSHIP. 


513 


Woven  amid  the  sweet  joy  blossoms 

Of  oi:r  City's  Hundrud  years, 
By  tlie  suulii^dit  of  your  presence, 

0,  our  Country's  Pioneers! 
Living  witnesses  of  cliany:es 

Tliat  we  scarce  can  realize, 
Oh!  we  read  the  past  retleoted 

In  the  mirror  of  your  eyes — 

Eyes  that  watched  our  Land  with  pleasure, 

Day  by  day  new  charms  unfold, 
Dawn  to  morning's  s^jleiidor  Hushing, 

Merging  now  in  noon  s  bright  gold  ; 
Eyes  that  see  to-day  around  you 

P''ruitage  of  those  by-gone  years — 
Truth  and  Art  and  Science  yielding 

Homage  to  our  Pioneers. 

Homage  to  each  earnest  toiler 

Of  tliat  brave  devoted  band 
That  with  lieart,  or  mind,  or  muscle, 

Lent  new  glory  to  our  land. 
Messengers  of  Truth  and  Justice 

That  from  Pulpit,  Banch,  or  Bar, 
Teacher's  desk,  or  sacred  Tripod, 

Poured  the  light  of  Freedom's  Star. 

Honor  to  the  earnest  thinkers 

Who  have  guided  and  refined, 
Pioneers  of  Art  and  Science  ! 

Pioneers  of  heart  and  mind ! 
Honor  none  the  less  unto  them, 

Sons  of  Labor  unafraid, 
AVho  haveled  in  living  channels 

Commerce,  Agriculture,  Trade. 

Every  phase  of  honest  labor 

Wins  our  meed  of  thanks  and  praise, 
An<l  no  brows  should  go  unlaureled 

Had  we  power  to  bind  their  bays. 
Were  it  all  in  will  and  feeling, 

We  could  yield  you  homage  due. 
Open  hearts  and  hands  outreaching 

Unto  hearts  so  warm  and  true. 

Feeling  all  the  debt  we  owe  you. 

Hence  with  joy  "too  sweet  for  tears," 
Do  we  give  you  heartfelt  greeting, 

0,  brave  band  of  Pioneers! 
Open  hearts  and  hands  outreaching, 

As  in  good  old  days  of  j'ore. 
When  we  met  as  trusty  comrades 

'Hound  our  ruddy  camp-fire's  roar. 

With  the  warm  and  cordial  greeting, 

And  the  hearty  grasp  of  hand. 
One  in  fellowship  of  feeling, 

Brothers  of  one  household  l)and. 
While  the  starry  banners  o'er  us, 

'Neath  our  e  ihn  September  skies. 
To  the  balmy  Autumn  breezes, 

Spread  or  folded,  sink  or  rise. 

Every  star  upon  their  azui-e 

Wakening  thoughts  of  by-gone  years  ; 
J^ative  Statu  and  home  and  kindred. 

Once  your  own,  brave  Pioneers. 
33 


Dear  to  you,  to  memory  sacred, 

But,  oil!  (U-ariT  far  ye  hold. 
In  your  heart  of  hearts,  the  memories 

(3f  our  precious  land  of  gold. 

And  what  marvel  that  ye  hold  her 

Nearest,  dearest,  fairest,  best; 
Earth  folds  not  a  lovelier  daughter 

To  her  ocean-clasping  breast, 
California!  California! 

From  our  inmost  soul  we  pray. 
Still  forever  and  forever. 

May  God  bless  thy  natal  day. 

Onward,  upward,  faltering  never 

In  thy  march  of  mind  and  heart; 
Blessings  on  thy  smiling  valleys. 

Blessings  on  thj'  toiling  mart; 
Blessings  on  thy  sons  and  daughters, 

May  thy  fairest  wreaths  be  twined 
Of  the  blossoms  of  their  virtues, 

And  the  jewels  of  their  mind. 

May  their  lives,  steeped  in  the  influence 

Of  thy  Ijeauty  and  thy  grace, 
Witi  a  soul-reflected  radiance 

From  thy  shining,  peerless  face. 
As  thy  children — as  the  children 

Of  a  Mother  such  as  thou — 
Such  as  Nature  first  arrayed  thee, 

Such  as  Art  hath  made  thee  now. 

Maj'  nor  thoughts,  nor  words,  nor  actions, 

Be  a  discord  in  the  strain. 
Rising  in  melodious  chorus 

From  each  inountaiii,  hill  and  plain. 
Proving  thus  our  love  and  duty 

In  the  clo<iueuce  of  Truth, 
Clothing  with  a  Heavenly  b^'auty 

Even  our  hours  of  care  and  ruth. 

Thus  indeed  shall  each  reunion, 

Of  the  swiftly  fleeting  years, 
Crown,  with  added  weight  of  honors, 

All  our  band  of  Pioneers — 
Hourly,  daily,  yearl}'  fitting 

J^eatliless  souls  of  young  and  old. 
For  the  spirit  s  wondrous  birthday 

In  God's  City  paved  with  gold. 

Thro'  whose  gates  of  pearl  has  entered. 

From  this  shadowy  "Vale  of  Tears," 
Many  a  one  who  led  the  vanguard 

Of  our  valiant  Pioneers. 
Honor,  peace  and  reverence  to  them! 

Pillowed  on  their  Country's  breast. 
Shrined  in  many  a  loving  memory, 

Oh!  how  sweet  their  hallowed  rest. 

De.vd — yet  living  here  amongst  us — 

To  their  names  our  bosoms  thrill. 
And  their  honored  sons  and  daughters 

Keep  their  lives  immortal  still. 
Children  of  such  worthy  fathers. 

Heirs  of  C.difornia's  fame. 
By  your  lofty  soul  and  daring. 

Still  prove  worthy  of  the  claim. 


514 


HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 


What  is  there  we  may  not  hope  for 

From  your  warm  outspokeu  zeal, 
Eloquence  of  word  and  action 

For  our  Country's  lasting  weal  ? 
What  is  there  we  should  not  hope  for 

From  your  glowing  patriot  fires  ? 
Be  it  yours  to  keep  forever 

Green  the  memory  of  your  sires. 

See  ye  keep  alive  the  graces 

That  they  kindled  into  tiame, 
In  our  Country's  public  places, 

In  her  lowlier  walks  of  Fame — 
Love  of  toil  and  manly  courage^ 

Will  to  do  and  strength  to  dai'e, 
And  through  every  fiery  ordeal, 

Ay,  a  soul  that  laughs  at  care. 


This  the  best  and  fittest  tribute 

That  our  liuman  love  can  pay 
To  the  honored  dead;  the  living! 

Oh!  to  them  once  more  we  say, 
Faithful  sons  and  loving  daughters 

Of  a  mother  we  revere. 
To  OUT  hearts,  our  homes,  our  valley, 

Welcome,  O  most  welcome  here! 

JSIay  His  Hand  who  reared  our  mountains. 

Veined  with  wealth  of  glittering  gold. 
May  His  Hand  who  wrapt  our  valleys 

In  His  Mantle's  richest  fold, 
May  His  Love  who  poured  the  fullness 

Of  His  Treasures  o'er  our  years. 
Spare  us  long,  and  bless  forever 

California's  I'ioneers. 


With  the  poem,  the  literary  exercises  of  the  clay  closed,  and  all  adjourned 
to  another  scene  of  festivity — the  barbecue.  On  the  east  side  of  the  grounds 
tables  had  been  arranged,  and  were  groaning  beneath  the  weight  of  good 
things.  They  were  soon  relieved,  however,  and  replenished  until  all  who 
desired  to  eat  had  been  satisfied,  and  large  quantities  remained  untouched. 
After  the  barbecue  was  over  dancing  took  place  for  about  an  hour,  the  music 
being  furnished  by  the  San  Francisco  Band.  At  four  o'clock  it  closed,  as  the 
band  had  to  accompany  the  San  Francisco  Pioneers  on  their  return.  The 
grounds,  however,  remained  crowded  after  their  departure,  until  the  shadows 
of  evening  had  gathered,  when  the  homeward  march  began.  During  the  fes- 
tivities, a  dispatch  was  sent  to  Francis  D.  Clark,  President  of  the  Calif oi'nia 
Pioneers,  who  was  assisting  at  the  celebration  at  Long  Branch,  N.  J.,  wish- 
ing them  health  and  prosperity.  A  dispatch  was  received  from  them, 
containing  the  same  wish,  and  one  from  the  pioneer,  John  A.  Sutter,  bearing 
greeting.  In  every  particular  the  celebration  was  a  grand  success,  and  the 
Twenty-seventh  anniversary  of  California's  Admission  Day  will  not  soon  be 
forgotten. 

The  Bank  of  San  Jose. — Successor  to  Knox  &  Beans,  bankers.  The  first 
banking  house  in  Santa  Clara  county  was  established  by  Wm.  J.  Knox 
and  T.  Ellard  Beans,  in  the  month  of  March,  1866,  under  the  firm  name  of 
Knox  &  Beans.  Office  located  in  "  Knox  Block,"  No.  293  Santa  Clara 
street,  at  present  occupied  b}^  M.  Levy's  "  Standard  Clothing  Store."  Sub- 
sequent to  the  death  of  Dr.  Wm.  J.  Knox,  senior  member,  the  business  was 
merged  into,  and  the  firm  succeeded  by,  The  Bank  of  San  Jos^,  organized 
January  31,  1868,  for  which  articles  of  incorporation  were  filed  by  T.  Ellard 
Beans,  John  G.  Bray  and  C.  W.  Pomeroy,  Trustees.  Capital  stock  one  hun- 
dred thousand  dollars,  divided  into  two  hundred  shares  of  five  hundred  dol- 
lars each.  The  first  officers  were  John  G.  Bray,  President;  T.  Ellard  Beans, 
Cashier  and  Manager;  C.  W.  Pomeroy,  Secretary.  On  February  17,  1869, 
the  capital  stock  was  increased  from  one  hundred  thousand  dollars  to  two 


SAN    JOSE    TOWNSHIP.  515 

hundred  and  fifty  thousand  dollars,  divided  into  five  hundred  sliares  of 
five  hundred  dollars  each.  January  10,  1870,  Adolph  Pfister  was  elected 
Trustee,  vice  C.  W.  Pomeroy.  John  G.  Bray,  President,  died  in  January, 
1871 ;  T.  Ellard  Beans  was  elected  his  successor  as  President  and  Manat^er. 
C.  W.  Pomeroy  was  elected  to  fill  the  vacancy  in  the  Board  of  Trustees,  and 
Henry  Philip  to  the  Cashiership.  In  January,  1871,  the  lot  at  the  north-east 
corner  of  First  and  Santa  Clara  streets  was  purchased  with  a  view  of  erect- 
ing thereon  a  banking  house  with  larger  and  more  convenient  ofiices  than 
those  in  use  since  the  establishment  of  the  Bank.  The  realization  of  this 
project  involved  an  expenditure  of  over  one  hundred  thousand  dollai's,  and 
built  one  of  the  finest  structures  in  the  city.  The  offices  of  the  Bank  are 
most  conveniently  arranged  for  the  purposes  intended.  Supplied  with  large 
double  vaults,  containing  Hall's  best  burglar  proof  safe,  the  security 
which  has  been  further  augmented  by  the  addition  of.  a  Yale  double  chronom- 
eter time  lock.  The  building  was  finished  and  occupied  for  business  on 
June  15,  1872.  Early  in  1875  papers  were  prepared  and  filed  with  the 
Controller  of  the  Currency  at  Washington,  and  all  preliminary  arrangments 
made  to  disincorporate  under  the  State  law,  and  to  re-organize  under  the 
National  Currency  Act  as  The  First  National  Gold  Bank  of  San  Jos^.  But 
on  account  of  the  financial  crisis  of  that  year,  caused  by  the  suspension  of 
the  Bank  of  California,  the  project  was  abandoned.  On  February  11,  1875, 
Henry  Philips  resigned  the  Cashiership,  and  Clement  T.  Park  w^as  elected 
his  successor.  Since  the  last  date  mentioned  no  change  has  been  made  in 
either  officers  or  Trustees.  They  are  as  follows:  T.  Ellard  Beans,  Presi- 
dent and  Manager;  Clement  T.  Park,  Cashier:  C.  W.  Pomeroy,  Secretary; 
Trustees,  A.  Pfister,  C.  W.  Pomeroy,  T.  Ellard  Beans. 

Capital  stock S250,000  00 

Surplus  July  1,  1881 $115,024  72 

The  Bank  has  been  prosperous  during  the  fourteen  years  of  its  existence. 
Has  paid  to  stockholders  one  hundred  and  ninety-nine  dollars,  fifty  cents  in 
dividends,  upon  each  one  hundred  dollars  invested,  and  in  addition  thereto 
has  accumulated  a  reserve  fund  exceeding  one  hundred  thousand  dollars. 

The  First  National  Bank. — Was  organized  July  11,  1874,  those  princi- 
pally interested  in  its  creation  being  John  "W.  Hinds,  E.  L.  Bradley,  \V .  L. 
Tisdale,  "W.  D.  Tisdale,  C.  G.  Harrison,  C.  Burrel,  and  E.  C.  Singletary. 
The  ofificers  elected  in  July,  1874 — term  to  expire  in  January,  1875 — were: 
John  W.  Hinds,  President;  W.  L.  Tisdale,  Vice-President;  G.  P.  Sparks, 
Cashier.  These  were  succeeded  in  the  following  year  by  John  Hinds,  Pres- 
ident; E.  C.  Singletary,  Vice-President;  W.  I).  Tisdale,  Cashier.  July  C, 
1875,  the  office  of  Assistant  Cashier  was  created  and  L.  G.  Nesmith,  elected 
to  fill  the  position.     There  was  no  change  in  the  officers  of  the  bank  until 


516  HISTORY    OF    SANTA    CLARA   COUNTY,    CALIFORNIA. 

Januaiy  3,  1881,  when  C.  G.  Harrison  was  elected  Vice-President  in  place  of 
E.  0.  Singletary.  The  present  officei's  are:  John  W.  Hinds  President;  C. 
G.  Harrison,  Vice-President;  W.  D.  Tisdale,  Cashier;  L.  G.  Nesmith,  Assis- 
tant Cashier.  Paid  up  capital,  five  hundred  thousand  dollars;  Surplus  Fund, 
thirty-eight  thousand  dollars. 

Flour  Mills. — In  a  city  like  San  Jose,  the  center  of  a  vast  agricultural 
country,  flouring  mills  are  a  paramount  necessity,  and  one  which  was  earl}^  felt, 
as  a  reference  to  our  chapter  on  the  early  settlement  of  the  county  will  dem- 
onstrate.    The  establishments  of  this  nature  now  in  operation  are : — 

Moody's  Mills. — This  is  the  oldest  mill  now  in  operation  in  the  city,  and 
was  first  erected  by  R.  G.  Moody  in  1854,  on  the  bank  of  the  Coyote  creek, 
about  the  spot  where  Empire  street  strikes  that  stream.  Here  the  propel- 
ling power  was  watei*  procured  from  an  artesian  well;  in  the  year  1858, 
however,  the  business  was  transferred  to  its  present  location  on  Third,  near 
the  corner  of  Santa  Clara  street,  where  steam  was  substituted  for  water  to 
drive  the  machinery.  The  premises  consist  of  the  mill  and  warehouse  with  a 
capacity  for  the  storage  of  forty  thousand  sacks  of  flour,  and  has  its  frontage 
on  Third,  but  running  through  to  Fourth  street.  The  mill  is  supplied  with 
an  engine  of  forty  horse-power,  two  run  of  stones,  and  has  a  working  capa- 
city of  one  hundred  and  twenty  barrels  of  flour,  and  ten  tons  of  feed  in  the 
twenty-four  hours,  while  an  annual  business  is  transacted  of  about  twelve 
thousand  dollars.  The  owners  are  Moody  &  Brother,  sons  of  the  original 
possessor. 

The  Vineyard  Mills. — This  enterprise  was  started  in  connection  with  a 
distillery  in  the  year  1854,  by  Gordon  Cottrell,  on  the  site  it  now  occupies 
on  the  corner  of  Seventh  and  William  streets.  In  the  year  1858  it  came 
into  the  hands  of  A.  Pfister,  the  present  proprietor.  The  mill  is  worked  by 
water -power,  has  two  run  of  stone,  one  for  fiour  and  one  for  feed,  and  has 
a  capacity  of  sixty  barrels  in  twelve  hours. 

Foundries. — The  foundries  of  San  Jose  are,  too,  well  worthy  of  attention, 
for  nowhere  can  better  work  be  turned  out  —  indeed  in  some  of  them 
machinery  and  agricultural  implements  of  a  high  class  are  manufactured, 
which  have  earned  for  the  district  a  notoriety  second  to  no  other  portion  of 
the  State. 

San  Jose  Foundry. — There  is  no  doubt  of  this  establishment  being  the  pio- 
neer foundry  of  the  district.  It  was  first  established  in  the  year  1852,  by 
Pomeroy  &  McKcnzie,  on  the  corner  of  San  Antonio  and  First  stieets,  where 
it  remained  until  1871 ;  the  present  building  being  erected  by  Donald  Mc- 
Kenzie.     Here,  in  addition  to  a  general  moulding  business,  machine  work 


SAN   JOHi:    TOWNSHIP.  517 

of  eveiy  kind  is  manufactured  and  repaired,  the  facilities  for  such  being  com- 
plete. 'I'he  commodious  sho})  is  fitted  with  all  the  latest  improvements  and 
capabilities  for  raj^id  and  correct  workmansliip,  while  a  speciality  is  made  of 
the  construction  of  various  patented  machines  and  appliances  .suited  to  the 
wants  of  an  agricultural  population,  for  most  of  which  the  proprietor  has  an 
exclusive  right  of  manufacture.  Among  the  most  noteworthy  of  these  are 
the  "  Pelton  Six-fold  Horse-power  Threshing  Machine,"  the  Harris  Tubular 
Harrow,  a  seed-sower  of  wonderful  simplicity  in  construction  combined 
with  thorough  efficiency;  the  "  Hamond,"  and  other  windmills;  gang-plows, 
threshing  machines,  and  all  the  other  implements  necessary  to  the  farmer. 
It  is  also  worthy  of  mention  that  the  iron-work  used  in  the  construction  of 
the  Court  House,  Jail,  City  and  Central  markets,  and  other  prominent  build- 
ings in  the  city,  were  supplied  by  the  San  Jose  Foundry.  The  machinery  is 
driven  by  a  steam  engine  of  thirty  horse-power,  the  whole  of  which  is  in 
excellent  order,  while  from  the  artesian  well  on  the  premises,  the  city  of  San 
Jose  was  first  supplied  with  water.  This  business  is  at  present  in  the  hands 
of  A.  McKenzie,  a  son  of  the  original  owner.  The  annual  amount  of  work 
done  has  an  average  value  of  thirty  thousand  dollars. 

Joseph  Enright's  Patent  Stratv-Burning  Portable  Engine  Works. — This 
enterprise  was  founded  by  Joseph  Enright  in  the  year  1864,  on  the  site 
it  now  occupies  on  the  south-east  corner  of  First  and  William  streets.  The 
principal  manufacture  here  carried  on  is  that  of  the  Patent  Straw-Burning 
Portable  Engine,  recognized  by  all  to  be  the  most  perfect  of  its  kind  in  use. 
A  sale  is  found  for  it  all  over  the  State;  in  1879-80,  sixteen  different  coun- 
ties, from  Tehama  to  Fresno,  and  from  Monterey  to  Napa,  were  supplied 
with  these,  while  over  two  hundred  are  now  in  use  in  various  parts  of  Cali- 
fornia. The  patent  is  Mr.  Enright's  own.  Sixty  men  are  employed  on  the 
premises,  which  consist  of  all  the  necessary  work-shops  and  machinery,  this 
latter  being  driven  by  an  engine  of  twent}^  horse-power  The  yearly  out- 
turn is  in  the  neighborhood  of  sixty  thousand  dollars. 

F.  Kachenheiser  s  Works. — The  manufactory  of  iron  doors,  shutters,  etc.* 
of  F.  Kuchenbeiser  was  opened  in  the  year  18G8  by  that  gentleman,  and 
William  Fruehling,  under  the  firm  name  of  Kuchenbeiser  &  Fruehling.  In 
the  year  1873,  Mr.  Fruehling  retired  from  the  l)usiness,  since  when  it  has 
been  managed  by  the  first-named  individual.  The  premises  are  situated  on 
Third,  between  Santa  Clara  and  San  Fernando  streets,  having  a  frontage  of 
thirty  feet  on  the  first-mentioned.  The  establishment  has  supplied  the  iron 
vaults  for  the  Commercial  and  Savings  Bank,  and  Bank  of  San  Jose,  as  well 
as  many  of  the  principal  buildings  in  the  city,  among  these  being  the  State 
Normal  School,  while  such  fixtures  as  required  in  the  County  Jail  at  Hollis- 
ter,  San  Benito  county,  and  the  large  warehouses  erected  for  Carter  &  Fried- 


518  HISTORY    OF    SANTA   CLARA    COUNTY,    CALIFORNIA. 

lander  at   Alviso,   and    those    at    Mountain  View,   were  also  the  effort  of 
this  model  workshop. 

San  Jose  Brass  Foundry. — Was  established  by  L.  Chaize  in  1872,  on 
Market  street,  opposite  the  "  Mariposa  Store"  of  Auzerais  Brothers,  but,  in 
1870,  was  transferred  to  its  present  location  on  Santa  Clara  street.  Here 
every  description  of  brass  work  is  made  and  supplied, 

Alavieda  Foundry. — The  original  promoters  of  this  foundry  were  Messrs. 
Scott  &  Watkins,  who  commenced  the  business  in  the  year  1875,  and 
retained  it  until  1877,  when  it  passed  into  the  hands  of  a  joint-stock  com- 
pany, who  transacted  their  affairs  under  the  style  and  name  of  The  San 
Jose  Agricultural  Works,  but,  at  the  end  of  a  year,  in  1878,  the  premises 
and  good-will  were  purchased  by  F.  Altman,  the  present  proprietor.  The 
manufactures  here  produced  are  those  peculiar  to  an  agricultural  district, 
separators,  threshing-machines,  plows,  feed-mills,  road-graders,  etc.,  all  of 
which  are  of  an  especial  patent,  which  the  proprietor  either  owns,  or  on 
which  he  pays  a  royalty.  These  implements  find  a  sale  throughout  the 
State,  the  most  sought  after  being  the  Scott  &  Watkins  plow,  and  the  road- 
graders.  Employment  is  found  for  twelve  men,  and  the  yearly  business 
done  amounts  to  about  eisfhteen  thousand  dollars. 

Manufactories. — San  Jose'  is  second  to  no  city  on  the  Pacific  slope  in 
regard  to  the  number  and  excellence  of  its  manufacturing  industries.  In 
every  quarter  of  the  town  is  to  be  found  some  eminent  example  of  the  truth 
of  this  statement,  and  that  this  is  so,  is  a  credit  alike  to  the  city  and  its 
enterprising  inhabitants. 

The  Pioneer  Carriage  Manufactory. — Here  we  have  a  veritable  pioneer. 
In  the  year  1849  John  Balbach  established  the  first  shop  where  a  broken 
wagon  could  be  repaired,  or  a  new  one  built,  on  the  site  of  the  saloon  of 
Chris.  Gerdes,  on  Santa  Clara  street,  opposite  the  Auzerais  House,  and  next 
door  to  the  San  Jose  Savings  Bank.  The  building  was  of  the  pristine 
adobe,  but  was  pulled  down,  in  the  year  1853,  and  a  frame  house  erected  on 
the  ground,  this,  in  turn,  making  way  for  the  present  brick  erections,  he 
then  moving  his  business  to  Fountain  alley,  between  First  and  Second 
streets,  where  he  now  is.  The  establishment  is  divided  into  three  separate 
departments,  and  though  under  one  roof,  each  has  no  partnership  connection. 
The  carriage  manufacturing  and  blacksmith  trade  is  carried  on  by  John 
Balbach;  trimming  by  L.  F.  Claus,  and  the  painting  by  L.  M.  Castro. 
Twelve  men  are  employed  in  the  different  workshops,  while  an  average 
annual  business  of  ten  thousand  dollars  is  done. 

Pacific  Carriage  Factory. — This  establishment  was  founded  in  the  year 
1874,  by  D.  Hatman  and  A.  Normandin,  under  the  firm  name  of  Hatman 


SAN    JOSl^:   TOWNSHIP.  519 

&  Nonnandin,  on  Santa  Clara,  between  8an  Pedro  and  Vine  streets,  where 
a  general  carriage  manufacturino-  bu«iness,  to  the  amount  of  from  eight  to 
ten  thousand  dollars  per  annum,  is  carried  on.  There  are  nine  men 
employed  on  the  premises. 

Alameda  Carriage  Factory. — In  the  year  187G,  this  factory  was  estab- 
lished by  Fitzgerald  Brothers,  but  two  years  later,  1878,  it  became  the  prop- 
erty of  James  Fitzgerald,  who  carried  on  the  trade  at  the  present  workshop, 
situated  at  the  corner  of  the  Alameda  and  St.  Mary's  street.  Here  street- 
cars, farm  wagons,  etc.,  are  manufactured  to  supply  this  and  other  counties, 
while  there  are  six  men  employed  on  the  works,  which  average  an  annual 
out-turn  of  about  five  thousand  dollars. 

Globe  Carriage  Works. — These  works  are  in  a  fine  brick  building,  erected 
in  1878,  on  San  Fernando  street,  they  having  originally  occupied  a  position 
on  St.  John  street.  Here  occupation  is  given  on  the  average  to  ten  men, 
though  there  are  facilities  for  working  twenty.  The  business  comi)rises 
every  manner  of  carriage  and  blacksmith  work,  divided  into  .separate  depart- 
ments, that  of  carriage-making  being  owned  by  T.  Bement;  painting  and 
trimming,  by  Greeninger  &  Young;  and  the  blacksmith-shop  by  Chris. 
Bergstrom. 

Albert  Lake  Box  Factory.— Was  established  by  Hobbs,  Gilmore  &  Co.,  in 
the  3''ear  1864,  and  by  them  retained  until  1872,  when  it  was  purchased  by 
the  present  proprietor,  Albert  Lake.  Here  are  manufactured  boxes  and 
wash-boards  from  lumber  imported  from  Placer  count3\  The  yield  is  about 
two  hundred  thousand  boxes  and  fifteen  hundred  dozen  wash-boards  per 
annum.     The  premises  are  situated  at  No.  146  San  Pedro  street. 

San  Josc  Box  Factory. — This  factory,  the  property  of  L.  G.  Sresovich,  was 
established  in  1878,  and  is  in  connection  with  the  fruit-packing  house  of 
that  gentleman.  The  lumber  iised  is  principally  obtained  from  the  Truckee 
Lumber  Company,  which  is  imported  in  its  rough  state  and  sawed  on  the 
premises  in  a  mill  containing  two  circular  saws.  The  wood-work  was 
formerly  brought  to  the  factory  ready  for  making  into  boxes,  but  since  the 
erection  of  his  private  mill  Mr.  Sresovich  has  been  enabled  to  turn  out  these 
for  himself.  The  dimensions  of  these  buildings  are,  the  factory,  one  hundred 
and  thirty  by  thirty  feet,  and  the  saw-mill  thirty  feet  square. 

Eagle  Co  fee  and  Spice  Mills. — This  industry  was  first  started  in  1867,  by 
Barrett,  Caswell  &  Hunt,  on  Santa  Clara  street,  in  the  Opera  House  build- 
ing, but  alter  a  short  time  Mr.  Caswell  severed  his  connection  with  the  con- 
cern. After  remaining  in  the  firm  three  years  the  first- named  gentleman 
disposed  of  his  interest  to  R.  T.  Priest,  Albert  Lake  was  admitted  into  part- 
nership, the  present  premises  on  Fourth   street  were  constructed,   and  the 


520  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

coffee  and  spice  business  amalgamated  with  the  box  factory  of  Mr.  Lake. 
This  company  lasted  a  year,  during  which  Mr.  Bettinger  purchased  the 
interest  of  Mr.  Priest;  Messrs.  Hunt  and  Bettinger  then  bought  out  Mr. 
Lake,  and  in  January,  1875,  S.  B.  Hunkins  purchased  Mr.  Bettinger's  share 
and  the  firm  became  Hunt  &  Hunkins,  the  present  proprietors.  The  general 
business  carried  on  is  the  manufacture  of  coffee — roasting,  grinding  and 
packing — which  is  obtained  in  the  raw  state  from  importers,  and  after  the 
processes  mentioned  above,  is  shipped  to  customers  in  all  the  surrounding 
counties,  the  average  amount  thus  sent  away  being  nearly  fifty  tons  per 
annum. 

Santa  Clara  Valley  Mill  and  Lumber  Govtijpany. — This  concern  was  origin- 
ally started  in  the  Fall  of  the  year  1864,  by  W.  P.  Dougherty,  on  the  site  of 
Druid's  Hall  on  First  street,  where  he  had  a  lumber-yard.  In  18G9  an 
interest  was  sold  to  C.  X.  Hobbs  and  Samuel  McFarlane,  when  the  style  of 
the  firm  became  Hobbs,  Dougherty  &  Co.  In  the  following  year,  William 
H.  Hall  and  Mr.  Dougherty  purchased  the  share  of  Mr.  Hobbs,  and  the 
name  of  the  firm  was  changed  to  W.  P.  Dougherty  &  Co.,  who  bought  out, 
in  1870,  the  sash  factory  and  planing-mills  of  Metcalf  &  McLellan  and  W. 
W.  Pratt,  as  also  the  lumber  business  of  McMurtry  &  McMillin,  when  more 
extensive  premises  being  required,  in  1871,  they  moved  to  those  now  occu- 
pied by  them  on  San  Fernando  street,  between  Third  and  Fourth  streets. 
The  cares  of  the  firm  had  in  1873  so  increased  that  in  that  year  the  business 
was  incorporated,  in  accordance  with  the  laws  of  the  State,  as  the  Santa 
Clara  Valley  Mill  and  Lumber  Company,  the  Directors  being  B.  P.  Rankin, 
James  M.  Thorp,  Jacob  Lenzen,  W.  W.  Pratt,  W.  H.  Hall,  James  Dougherty, 
and  W.  P.  Dougherty;  the  President  of  the  association  is  W.  P.  Dougherty 
and  the  Secretary,  James  M.  Thorp.  The  ground  on  which  the  premises 
stand  in  the  city  of  San  Josd  occupy  five  fit'ty-vara  lots,  while  the 
wood-work  turned  out  by  the  sash  and  planing  mills  is  deemed  the 
finest  in  the  State;  indeed,  from  this  establishment  has  all  the  material 
of  this  nature  been  supplied  to  many  of  the  magnificent  mansions  in  the 
surrounding  counties,  notably  that  of  J.  C.  Flood,  the  "  Bonanza  King,"  at 
Menlo  Park.  The  lumber-mills  of  the  company  are  situated  in  Santa  Cruz 
county,  about  twenty-five  miles  from  San  Jose,  on  the  line  of  the  South 
Pacific  Coast  Railroad,  where  they  own  timber  lands  of  eight  thousand 
acres  in  extent. 

Independent  Mill  and  Lumher  Company. — Originally  started  as  a  private 
concern  by  T.  J.  Gillespie.  A  short  time  thereafter  the  business  was  incor- 
porated under  the  laws  of  Calfornia  July  1,  1876,  with  the  following  offi- 
cers: Directors,  A.  C.  Stoddard,  C.  C.  Cook,  Smith  Henderson,  James  M. 
Young,  T.  J.  Gillespie,  and  J.  W.  Lowry;  T.  J.  Gillespie  being  elected  Presi- 


SAN    JOSK    TOWN.SIllI'.  521 

dent,  with  J.  W.  Lowvy  Secretary.  The  corporation  are  dealers  in  all 
kinds  of  lumber;  are  manufacturers  of  mouldings  and  Iji-ackets,  and  produce 
all  manner  of  mill-work,  such  as  planing,  sawing,  wood-turning,  etc.,  while 
in  connection  with  the  mill  is  a  lumber-yai'd,  the  wood  being  the  product 
of  the  Santa  Cru;^  mountains.  The  officers  for  the  year  1880  are  :  C.  1). 
Wright,  John  Reynolds,  H.  W.  Arbogast,  Albert  Mills,  J.  F.  Sparrow, 
Directors;  the  President  is  C.  1).  Wright;  Secretary,  John  Reynolds; 
Treasurer,  C.  M.  Ayres,  and  Manager  and  General  Superintendent,  R.  S. 
Swain.  The  company  have  their  offices  on  San  Pedro  street,  between  San 
Augustin  and  St.  James  streets. 

Sierra  Lambev  Company. — The  headquarters  of  this  company  are  at  Red 
Bluff,  in  Tehama,  and  Chico,  in  Butte  county,  with  an  office  at  the  corner  of 
Fourth  and  Channel  streets  in  San  Francisco,  and  an  agency  on  the  Ala- 
meda, near  the  depot  of  the  South  Pacific  Coast  Railroad,  in  San  Jose,  which 
was  established  in  January,  1880,  with  V.  B.  Wordward  in  charge,  who  is 
prepared  to  supply  customers  in  any  quantities,  with  doors,  blinds,  sashes 
and  sugar-pine  lumber. 

California  Broom  Factory. — The  manufacture  of  brooms,  brushes  and 
wisps  was  permanently  commenced  by  M.  W.  Wilcox  in  the  year  1870,  on 
the  premises  he  now  occupies  on  Bush  street,  near  the  Alameda,  which  cover 
an  area  of  one  hundred  and  fifty  by  one  hundred  and  ten  feet.  The 
material  used  in  the  business  is  procured  from  the  banks  of  the  Sacramento 
and  San  Joaquin  rivers,  and  when  made  up  finds  a  ready  market  in  Santa 
Clara  and  the  contiguous  counties.  Mr.  Wilcox  employs  ten  men,  who  make 
on  the  average  from  eight  to  ten  dozen  brooms  per  day. 

Angora  Robe  and  Glove  Company. — In  the  year  1875  this  business  was 
inaugurated  as  a  joint-stock  company,  with  C.  P.  Bailey,  President,  and  A. 
L.  Pomeroy,  Secretary.  On  July  31st  of  that  year  it  was  incorporated 
under  the  laws  of  the  State  of  California,  with  the  above  officers,  since  when 
it  has  maintained  a  flourishing  business.  The  principal  articles  made  are 
robes,  whip-lashes  and  gloves,  the  latter  being  a  speciality;  these  find  a 
market  in  California,  Oregon,  Utah,  Nevada  and  Colorado,  where  they  are 
much  prized.  There  is  a  tannery  connected  with  the  establishment,  on  the 
Guadalupe  creek,  where  there  are  twelve  men  employed,  while  occupation  is 
given  to  thirty-five  persons  in  all.  The  average  yearly  business  amounts  to 
between  thirty  and  forty  thousand  dollar.s,  and  the  present  directorate  con- 
sists of  C.  P.  Bailey,  President,  with  James  H.  Pierce,  Secretary  and  Treas- 
urer.    Situated  on  First  street. 

California  Glove  Factory. — This  enterprise  was  first  commenced  by  M. 
W.  Wilcox  and  George  Williams,  in  1874,  and  by  them  continued  for  two 
years,  when,  in  1870,  Mr.  Wilcox  purchased  the  interest  of  Mr.  Williams  and 


522  HISTORY    OF    SANTA   CLARA   COUNTY,    CALIFORNIA. 

has  since  carried  on  the  business  in  his  own  name  at  the  factory,  278  Santa 
Ciara  between  First  and  Market  streets.  The  leather  from  which  the  £:loves 
are  chiefly  made  is  procured  from  San  Francisco  and  Napa,  already  tanned, 
and  here  handed  out  to  workers,  there  being  forty  and  more  women  who  are 
permitted  to  sew  the  gloves  at  home.  A  speciality  is  made  of  those  kinds 
used  for  driving,  or  in  the  harvest  field — a  strong  serviceable  glove — while 
another  style  is  now  being  manufactured  known  as  the  waterproof  glove, 
which  does  not,  like  other  kinds  of  leather,  stiffen  when  wet.  Seven  men 
are  employed  in  the  workshop,  while  the  average  yearly  value  of  work 
done  is  about  twenty-five  thousand  dollars. 

Soda  Worhs  of  Williams  Brothers. — In  the  year  1854  Thomas  and  David 
Williams  commenced  the  bottling  of  aerated  waters  from  the  spring  at  the 
New  Almaden  mines,  but  in  1857  moved  into  the  city  of  San  Jos^,  purchased 
the  apparatus  of  Gerricke  &  Leach  (who  had  the  first  establishment  of  the 
kind  in  the  town,  on  Santa  Clara  street,  on  the  site  of  the  Knox  Block),  and 
commenced  the  manufacture  of  soda-water  on  the  premises  they  now  occupy 
on  St.  John,  between  First  and  Market  streets.  From  the  spring,  in  1854, 
the  amount  bottled  was  about  one  hundred  dozen  per  day ;  it  is  now  three 
times  that  amount,  while  customers  are  found  in  all  the  contiguous  district 
and  counties,  who  are  supplied  by  means  of  wagons. 

Eagle  Brewery. — This  establishment  was  first  put  into  operation  in  the 
year  1853,  on  a  site  on  Market  street  where  San  Antonio  street  strikes  that 
thoroughfare.  It  was  the  first  brewery  in  San  Jose,  and  was  conducted  by 
its  proprietor,  Joseph  Hartmann.  In  1856  he  moved  it  to  its  present  loca- 
tion at  the  corner  of  Market  and  San  Carlos  streets,  where  Mr.  Hartmann 
carried  on  the  business  until  his  death,  March  19,  1877.  In  the  followinor 
month  the  affairs  of  the  brewery  were  purchased  by  George  Scherrer,  the  pres- 
ent proprietor.  In  the  first  year  of  its  establishment  the  yield  was  about 
six  barrels  a  brew;  it  is  now  five  thousand  barrels  per  annum.  Hops  are 
procured  from  San  Francisco,  and  the  barley  used  in  making  malt  from  the 
Santa  Clara  valley;  five  men  are  employed  in  this  industry,  while  the  Eagle 
brewery  alone  supplies  four  thousand  barrels  a  year  to  the  city  and  neigh- 
borhood. The  premises  occupy  seventy-five  by  two  hundred  and  thirty 
feet,  and  comprise  the  necessary  offices  and  engine-house. 

KrmnVs  Brewery. — In  the  year  1856,  L.  Krumb  started  a  brewery  on 
the  site  now  occupied  by  the  Swiss  Hotel,  on  Market,  between  San  Augus- 
tin  and  Santa  Clara  streets.  On  this  location  it  remained  until  1860,  when 
it  was  transferred  to  the  corner  of  First  street  and  Fountain  alley,  now 
occupied  by  Walteufel's  book  store,  and,  in  1864,  was  thence  removed  to  its 
present  position  at  Nos.  377,  379,  and  381  Second  street,  between  Santa 
Clara  and  San  Fernando  streets,  the  premises  occupying  an  area  of  seventy 


SAN   JOS^:   TOWNSHIP.  5  23 

by  three  hundred  and  five  feet.  Here  are  to  be  found  buildings  ami 
appliance.s  for  the  production  of  beer,  besides  an  artesian  well  two  hundred 
and  ninet3^-six.feet  in  depth,  the  water  from  which  is  used  for  bi-ewing 
purposes.  When  first  started,  in  185G,  the  yearly  yiel<l  was  two  hundred 
and  fifty  barrels;  it  is  now  two  thousand.  Mr.  Krunib  employs  constantly 
four  men,  while  his  brewing  is  done  by  means  of  a  twelve  hor.';e-power 
steam  engine,  manufactured  at  the  works  of  Joseph  Enright,  in  San  Jose. 
The  beer  produced  at  this  establishment  is  exported  to  San  Franci.sco,  and 
finds  a  large  sale,  as  well  in  this  as  in  the  adjoining  conntie.s. 

Lion  Brewery. — The  institution  now  under  notice  was  established  more 
than  ten  years  ago,  by  Philip  Doerr,  under  the  name  of  the  San  Jos^  Brew- 
ery. Its  original  site  is  that  which  it  now  occupies,  on  William  street, 
between  Third  and  Fourth  streets.  Mr.  Doerr  carried  on  the  business  until 
August,  1880,  when  it  was  purchased  be  A.  W.  Bode,  and  C.  H.  Stafibrd, 
who,  on  taking  possession,  altered  the  name  to  that  which  it  now  bears. 
The  premises  are  supplied  Avith  all  the  necessary  offices  and  apparatus  for 
brewing  purposes,  while  the  annual  product  is  in  the  vicinity  of  a  thousand 
barrels. 

'  Fredericksburg  B reiver i/.— This,  the  most  extensive  and  complete  brewery 
in  the  county,  if  not  in  the  State,  was  first  established  in  the  year  1869,  by 
Fred.  Krahenberg,  in  a  shanty,  on  the  corner  of  Cinnabar  street  and  the 
Alameda,  where  now  stands  the  splendid  fabric  of  Schnabel  &:  Denicke.  In 
1870,  Mr.  Krahenberg  admitted  Alfred  Recard  into  partnership,  continuing 
the  business  in  the  original  building.  Mr.  Recard  sold  out  his  share  to 
Schramm  &  Schnabel,  in  1872,  and  the  style  of  the  firm  became  Krahenberg 
&  Co.  In  this  year,  a  new  brew  and  malt  house,  as  well  as  other  buildings 
were  erected  of  brick,  the  dimensions  of  these  being:  malt  house,  one  hun- 
dred by  fifty  feet;  brew  house  and  cellars,  one  hundred  and  sixty  by  forty 
feet;  and  fermenting  house,  supplied  with  all  the  latest  improvements; 
eighty  by  forty  feet;  while  the  trade  had  increased  to  between  four  and  five 
thousand  barrels  per  year.  In  1870,  Mr.  Krahenberg  disposed  of  his  stock 
in  the  concern  to  Schramm  &  Schnabel,  who  gave  their  name  to  the  firm, 
which  it  maintained  until  the  month  of  April,  1880,  when  E.  A.  Denicke  buy- 
ing out  Mr.  Schramm,  the  designation  of  the  copartnership  became  Schnabel 
&  Denicke,  that  which  it  now  bears.  The  ground  on  which  the  Fredricks- 
burg  brewery  is  located  has  two  artesian  wells,  of  five  hundred  and  twenty- 
one,  and  one  hundred  and  seventy-five  feet  in  depth,  the  property  occupying 
an  area  of  two  acres.  Besides  being  supplied  with  a  refrigerator,  whereby  ice 
may  be  manufactured,  and  water  cooled  to  the  necessary  standard,  it  pos- 
sesses a  department  for  pitching  kegs,  under  the  Anhau.ser  patent,  as  well  as 
a  thirty-five  horse-power  engine  to  drive  the  machinery.     The  barley  used 


524  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

is  entirely  the  product  of  the  Santa  Clara  valley,  while  the  malt  is  wholly 
made  on  the  premises.  Last  year,  the  fiscal  year  to  May  1,  1880,  the 
amount  of  beer  sold  was  ten  thousand,  two  hundred  and  one  barrels,  which 
found  a  ready  market  all  over  the  Pacific  coast,  the  Territories,  and  even 
in  Mexico,  and  the  expectation  is  that  the  year  1880-81  will  see  a  produc- 
tion of  fully  twelve  thousand  barrels.  It  is  pleasant  to  record  that  the  pro- 
prietors leave  no  stone  unturned  so  that  a  pleasant  and  healthful  beverage 
may  be  produced;  improvements  are  constantly  being  made  so  that  the 
tandard  of  the  beer  may  be  bettered,  and  the  proof  that  it  is  so  rectified 
is  to  be  found  in  the  annual  increase  in  the  manufacture,  sale  and  consump- 
tion of  Fredricksburg  beer. 

Tannery  of  Grozelier  t£-  Nelson. — Occupying  two  fifty-vara  lots  on  the 
corner  of  Park  avenue  and  Piver  street,  stands  the  establishment  now  under 
notice.  It  was  commenced  on  its  present  location,  in  the  year  1860,  by 
Simon  Grozelier  and  Gustavus  Nelson,  and  was  the  first,  and  is  the  only  tan- 
nery in  the  city  of  San  Jose.  The  premises  comprise  beam  house  and  cur- 
riers shop,  indeed,  all  the  requisite  adjuncts  to  the  manufacture  of  leather, 
the  machinery  for  which  is  now  driven  by  an  engine  of  sixteen  horse-power, 
which  took  the  place  in  1863,  of  a  horse-power  mill.  The  tan  bark,  of  which 
there  is  an  annual  consumption  of  about  five  hundred  cords,  is  procured  in 
the  Santa  Cruz  mountains,  and  the  hides  come  partly  from  San  Fi-ancisco, 
and  partly  from  the  Santa  Clara  valley,  the  leather  manufactured  being 
principally  sole,  harness,  skirting,  bridle,  kips,  and  calf-skins,  of  which  there 
is  an  annual  out-turn  of  about  ten  thousand  hides,  a  sale  beino-  found  for 
them  all  over  California.  The  leather  here  produced  will  bear  favorable 
comparison  with  that  of  any  other  tannery  in  the  State.  Steady  employ- 
ment is  given  to  fifteen  men. 

Soap  Manufactory  of  Carl  Tiscker. — Mr.  Tischer's  soap  manufactory  is 
situated  on  Orchard,  between  Colfax  and  Balbach  streets,  and  was  estab- 
lished in  1876.  The  material  used  is  procured  from  San  Francisco;  the 
machinery  is  di'iven  by  steam ;  while,  customers  are  found  in  nearly  all  the 
grocery  stores  of  Santa  Clara  and  adjacent  counties. 

The  San  Jose  Woolen  Mills. — When  Judge  R.  F.  Peckham  was  on  a 
visit  to  the  Eastern  States  in  1868  he  visited  many  of  the  leading  manu- 
facturing establishments  of  the  New  England  States,  especially  those  engaged 
in  the  production  of  silk,  cotton  and  woolen  goods,  and  carefully  inspected 
their  modus  operandi. 

In  this  visit  his  childhood  love  for  mechanics  and  machinery  revived  in  all 
its  pristine  vigor,  and  as  the  saying  goes,  once  a  man  and  twice  a  child,  he 
determined  to  try  and  have  a  toy  in  San  Jose,  in  the  shape  of  a  respectable- 
sized  woolen  mill ;  and  to  that  end  he  gathered  all  the  necessary  statistics  in 


SAN   JOS£   TOWNSHIP.  525 

regard  to  the  cost,  expense  of  operating,  and  products  of  such  an  institution. 
Armed  with  facts  and  figures  he  returned  to  San  Jose. 

He  estimated  that  a  mill  with  six  t-ets  of  cardinyf  machines,  with  other 
machinery  to  keep  these  cards  in  operation,  w^as  the  smallest  that  could  be 
worked,  with  a  view  to  economy  in  the  cost  of  production,  and  that  a  paid 
up  cash  capital  of  two  hundred  thousand  dollars  was  absolutely  essential  to 
its  construction  and  operation. 

He  consulted  with  some  of  his  financial  friends  in  regard  to  the  pos.sibility 
of  raising,  by  means  of  a  joint-stock  company  or  corporation,  the  necessary 
amount  of  money  for  the  purpose.  They  were  willing  to  aid  in  the  concern 
— pi'obably  not  so  much  with  the  expectation  of  mere  profit,  as  the  encour- 
agement of  a  manufacturing  spirit  in  the  community — but  thought  that  the 
better  way  Avas  to  organize  on  a  capital  of  one  hundred  thousand  dollars ; 
build  the  mill,  get  it  ready  for  operation,  then  double  the  capital  stock,  and 
get  the  rest  of  it  taken ;  and  call  it  in  by  installments  as  needed  to  give  the 
concern  a  working  capital. 

This  plan  was  adopted.  The  company  organized  and  one  hundred  thou- 
sand dollars  of  stock  was  subscribed  in  a  short  space  of  time.  Thirty  per 
cent,  was  paid  in  and  the  work  of  construction  commenced  in  1869.  Judge 
Peckham  was  elected  President  and  managing  agent  of  the  comj^any,  and 
has  ever  since  remained  in  that  po.sition.  He  was  his  own  mill-wright,  drew 
his  own  plans  and  specifications,  located,  geared  off  and  regulated  the  speed 
of  his  machinery,  and  superintended  the  business  of  construction.  When  the 
mill  was  completed  it  was  pronounced  a  first-class  one  in  every  re.spect.  The 
cost  was  eighty-three  thousand  dollars ;  leaving  only  seventeen  thousand  of 
the  original  capital. 

The  capital  stock  was  doubled,  and  made  two  hundred  thousand  dollars; 
but  when  it  was  put  upon  the  market,  the  woolen-mill  had  got  to  be  an  okl 
story.  It  was  not  the  kind  of  stock  demanded  by  the  public  appetite. 
Santa  Clara  county  was  thoroughly  canvassed  and  seventeen  thousand  dol- 
lars of  the  new  capital  was  all  that  could  be  converted;  and  the  concern  was 
thus  compelled  to  start  operations  with  a  quick  capital  of  thirty  thousand  dol- 
lars, barely  enough  to  pay  the  running  expenses  for  ten  weeks. 

But  there  was  no  alternative,  operations  had  to  start  in  this  cramped  con- 
dition, or  not  at  all.  And  for  two  years  the  business  was  carried  on  with 
this  limited  means.  Capitalists  and  bankers  had  no  confidence  in  manufac- 
turing in  this  State;  in  fact  it  was  something  to  which  they  were  entirely 
unaccustomed.  There  was  no  respectable  mercantile  hou.se  on  the  Pacific 
coast  that  would  take  the  products  on  consignment  and  advance  money  to 
carry  on  the  business  except  at  rates  of  interest  and  commissions  that  would 
eat  up  all  the  profits  and  sink  the  capital.  Cash  had  to  be  paid  for  dye- 
stuff  and  they  had  to  be  brought  around  the  Horn;  and  about  a  year's  sup- 


526  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

ply  kept  on  hand.  Cash  had  to  be  paid  for  fuel,  and  enough  procured  in  the 
Summer  to  last  through  the  Winter  and  Spring.  Cash  had  to  be  paid  for 
labor;  and  cash  had  to  be  paid  for  stock,  and  it  had  to  be  bought  while  it 
was  in  the  market,  and  carried  until  wanted  for  consumption.  About 
forty  thousand  dollars'  worth  had  to  be  carried  in  the  different  stages  of 
manufacturing.  Then  the  company  had  to  establish  their  store  in  San  Fran- 
cisco and  sell  their  own  goods,  and  carry  a  large  assortment  to  sell  from. 
Then  it  was  found  that  there  was  no  demand  for  goods  in  the  piece  as  nearly 
every  one  purchased  their  clothing  ready  made,  and  therefore  the  goods, 
before  they  could  be  sold,  had  to  be  made  into  clothing.  Then  a  large  stock 
had  to  be  carried  until  wanted  by  the  trade.  They  had  to  be  sold  on  a 
credit  of  ninety  days.  Some  would  pay  promptly  and  others  would  take 
four  and  six  months,  and  even  a  year  before  they  paid.  So  that  the  aver- 
age credit  was  from  one  fo  two  months  beyond  the  stipulated  time. 

Under  these  circumstances  every  bill  and  obligation  of  the  company, 
except  at  their  own  bankers,  were  always  met  and  paid  promptly  at  maturity 
but  every  conceivable  scheme  had  to  be  resorted  to  to  raise  the  money. 
As  high  as  ten  thousand  five  hundred  dollars  interest  w^as  paid  by  the  com- 
pany in  one  year.  Consequently  there  were  no  profits  left  for  the  stock- 
holders. Among  the  persons  of  whom  the  company  bought  stock  and 
supplies,  there  was  no  want  of  credit;  but  it  was  evident  that  bankers  and 
capitalists  were  losing  confidence  hi  the  concern,  and  although  it  never  lost  a 
cent  of  its  capital,  it  was  losing  its  credit  w'hen  that  was  most  needed;  and  a 
loss  of  its  credit  among  moneyed  institutions  had  but  one  ending  and  that 
was  failure  and  bankruptcy. 

For  several  months  the  Judge  did  not  know  when  he  went  home  at  night, 
whether  he  could  make  his  payments  next  day.  He  became  sleepless,  ner- 
vous and  melancholy  to  a  df'gree  bordering  on  insanity  in  the  contemplation 
of  seeing  all  his  cherished  plans  and  hopes  dashed  to  the  ground.  He  finally 
concluded  to  make  a  bold  push,  and  if  the  company  had  to  go  into  liquidation 
it  should  go  while  it. was  solvent,  though  every  dollar  put  into  the  business 
should  be  lost  to  stockholders. 

He  called  the  stockholders  together  and  explained  to  them  the  true  condi- 
tion of  affairs.  He  showed  them  the  amount  necessary  to  carry  on  the  busi- 
ness wdth  any  expectation  of  profit ;  and  the  imposibility  of  carrying  it  on 
without  it.  He  showed  them  the  amount  of  liabilities ;  the  amount  of  the 
assets  and  their  inconvertible  character.  He  showed  how  the  company 
could  go  into  liquidation  and  pay  up,  but  there  would  be  nothing  left  for 
stockholders ;  and  he  recommended  that  they  either  let  the  property  go  and 
pay  their  debts  while  they  could,  or  try  and  raise  a  capital  of  their  own  and 
put  the  mill  on  a  working  foundation. 

This  raised  a  storm  of  indignation.     "  The  woolenrmill  was  a  failure,  it 


SAN   JOS^   TOWNSHIP.  527 

was  bankrupt;  ami  it  Avas  his  fault,  liis  own  incompetency  and  bad  manage- 
ment. He  knew  nothing  about  the  business  and  they  were  fools  for  assist- 
ing him  in  the  first  place,  they  ought  not  to  have  done  it."  Such  were  the 
many  expressions.  It  raged  with  such  violence  that  his  best  friends  a<lvi.sed 
him,  that  in  order  to  have  the  first  steps  taken  for  saving  the  company  it 
would  be  necessary  for  him  to  retire  from  the  Presidency.  But  upon  reflec- 
tion a  different  idea  began  to  prevail.  It  was  that,  though  he  knew  nothing 
about  the  business  when  he  commenced  he  must  have  learned  something  and 
might  be  better  than  a  green  hand.  And  as  he  was  the  one  that  got  them 
into  the  scrape,  he  might  be  the  best  one  to  get  them  out  again;  and  it 
might  be  difficult  to  get  any  one  to  fill  his  place — at  any  rate  it  would  do 
no  harm  to  listen  to  his  suggestions. 

They  were  as  follows:  The  company  had  eighty-three  thousand  dollars 
of  its  two  hundred  thousand  of  capital  stock  undisposed  of.  Double  the 
the  capital  stock,  make  it  four  hundred  thousand  dollars  ;  dispose  of  two 
hundred  and  eighty-three  thousand  dollars  to  anybody  that  wouhl  take  it 
for  thirty-three  and  one-third  cents  on  the  dollar.  This  would  give  the  com- 
pany a  paid  up  capital  of  two  hundred  and  eleven  thousand  dollars,  or  eleven 
thousand  more  than  he  originally  estimated  would  be  necessary. 

This  was  adopted  and  carried  out  with  the  proviso  that  each  of  the  old 
stockholders  should  have  the  right  to  subscribe  for  his  share  of  the  new 
stock,  and  that  no  .subscription  should  be  binding  until  the  whole  amount 
was  taken.  In  less  than  a  month  from  the  time  the  books  were  opened, 
the  Judge  had  the  .satisfaction  of  seeing  them  clo.sed.  During  the  thiid  year 
the  money  was  all  paid  in,  and  the  debts  of  the  company  satisfied.  And  in 
less  than  six  months  thereafter  the  woolen-mill  began  to  pay  good  dividends 
and  they  have  ever  since  been  continued. 

The  character  of  the  goods  made  are  unsurpassed.  The  products  are  about 
two  hundred  and  fifty  thousand  dollars  annually,  and  they  are  in  demand 
from  San  Francisco  to  Boston,  with  a  small  but  growing  demand  in  China. 
The  woolen-mill  stock,  if  any  could  be  found  on  the  market,  would  be  as 
good  as  that  of  any  banking  institution;  but  none  has  been  seen  for  the  last 
two  year.s,  while  during  that  time  twenty-five  per  cent,  of  all  the  woolen 
manufactories  in  America  have  been  forced  into  liquidation.  Thft  San  Jose 
Woolen-Mill  Company  has  not  overdrawn  its  account  at  the  bank,  on  the 
contrary,  has  received  as  high  as  one  thousand  dollars  per  annum  on 
deposits. 

The  management  of  the  mills  reflects  great  credit  upon  its  President  and 
Superintendent,  and  stands  as  the  leading  industry  of  this  portion  of  the 
State.  Its  success  is  but  a  fulfillment  of  what  patience,  perseverance  and 
plenty  of  muscle  will  do.  The  mills  are  situated  at  the  corner  of  San  Pedro 
and  Hobson  streets. 


528  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

Fruit  Canning  and  Packing  Establishments. — With  the  completion 
of  the  grand  trans-continental  railroad,  the  facilities  for  San  Jose  becoming 
the  center  of  an  industry  comprised  in  the  canning,  drying  and  packing  of 
fruit  for  the  Eastern  and  other  markets  at  once  manifested  itself.  The  busi- 
ness was  started  at  first  with  caution,  and  every  step  in  the  advance  of  the 
trade  watched  with  critical  eyes ;  that  the  return  has  realized  the  fullest 
expectation  is  to  be  seen  in  the  numerous  prosperous  establishments  of  this 
nature  in  the  city  of  San  Jose. 

Porter  Brothers. — The  business  of  this  firm  in  San  Jos^  is  merely  that  of 
a  purchasing  and  forwarding  agency  for  the  firm  of  Porter  Brothers,  whole- 
sale dealers  in  foreign,  domestic  and  California  fruits,  No.  103  South  Water 
street,  Chicago,  and  was  established  in  the  year  1869,  on  the  opening  of  the 
Central  Pacific  Railroad.^  Since  then,  during  the  proper  seasons,  they  have 
shipped  annually,  on  an  average,  one  hundred  car-loads  of  green  and  from 
two  to  three  of  dried  fruits,  as  well  as  about  two  car-loads  of  nuts,  almonds, 
etc.  On  arrival  at  Chicago  these  fruits  are  distributed  to  all  parts  of  the 
world. 

San  Jose  Fruit  Packing  Company. — In  the  Summer  and  Fall  of  1872  J. 
M.  Dawson  and  W.  S.  Stevens  commenced  in  a  crude  and  experimental  way 
to  can  fruit.  They  succeeded  in  putting  up  a  few  hundred  cases  for  the 
market,  and,  encouraged  by  their  efforts,  the  next  year  formed  a  company, 
under  the  firm  name  of  J.  M.  Dawson  &  Co.,  composed  of  J.  M.  Dawson, 
W.  S.  Stevens,  and  Lendrnm,  Burns  &  Co.  They- rented  the  corner 
lot  on  Fifth  and  Julian  streets,  where  the  San  Jose  Fruit  Packing 
Company  is  now  located,  and  there  built  some  rough  buildings,  pro- 
cured a  small  boiler,  fitted  up  according  to  the  best  information  they 
had,  and  enlarged  their  business  very  much  from  the  previous  year, 
putting  up  about  four  thousand  cases.  The  next  year,  1874,  finding 
the  demand  for  their  can-goods  still  increasing,  even  beyond  their  means, 
as  well  as  their  capacity,  in  June  they  took  into  partnership  Wilson 
Hays,  and  further  enlarged  their  works  and  products.  In  January,  1875, 
the  present  company  was  formed  and  incorporated  in  accordance  with  the 
laws  of  the  State  as  the  San  Jose'  Fruit  Packing  Company,  the  following 
gentlemen  as  incorporators:  J.  M.  Dawson,  W.  S.  Stevens,  John  Burns, 
Wilson  Hays,  H.  A.  Keinath,  T.  B.  Dawson,  and  George  Lendrum,  and 
succeeded  the  old  J.  M.  Dawson  firm.  From  these  small  beginnings  it  has, 
in  seven  years,  grown  to  be  one  of  the  first  institutions  in  the  county, 
employing  over  three  hundred  hands,  mostl}'  women  and  girls,  during  the 
running  season,  and  canning  about  one  million  cans  a  year,  which  involves 
an  outlay  in  the  county  of  over  eighty  thousand  dollars  annually  for  help 
and  fruit  alone.     Under  its  present  able  management  the  enterprise  is  flourish- 


SAN   JUS6    TOWNSHIP.  529 

iiig  and  prosperous.  The  present  Board  of  ])irectors  is:  J.  (^.  A.  Ballou, 
Wilson  Hays,  J.  H.  Ogier,  J.  H.  Barbour,  \V.  H.  Wriglit,  J.  L.  Rhodes,  and 
D  S.  Payne.  The  officers  are:  J.  Q.  A.  Ballou,  President;  Wilson  Hays,  Vice- 
President;  J.  H.  Ogier,  Treasurer;  J.  H.  Barbour,  Secretary  and  Superin- 
tendent; W,  H.  Wright,  Assistant  Secretary. 

Golden  Gate  Packing  Conipanij. — This  enterprise  was  started  in  the  year 
1875,  as  a  partnership  concern,  among  the  original  proprietors  being  W.  H. 
Muntz,  and  W.  S.  Stevens;  it  afterwards  became  the  property  of  a  joint- 
stock  company,  and  was  finally  incorporated  under  the  laws  of  the  State  of 
California  in  1877,  by  F.  S.  Hinds,  A.  P.  Jordan,  and  H.  A.  Keinath,  of  San 
Jose.  The  original  premises,  which  occupied  the  site  of  the  present  struct- 
ure, were  burnt  December  19,  1879,  those  now  in  use  being  built  on  its 
ashes,  and  completed  in  Ma}',  1880.  It  is  a  two-story  fabric,  one  hundred 
and  twenty  feet  in  length  and  eighty  in  width,  and  comprises  a  w^areroom 
on  the  lower  floor,  one  hundred  aud  twenty  feet  by  forty,  office,  label  and 
case  room,  the  balance  of  the  building  being  devoted  to  piling  goods  and 
other  work.  The  cans  in  which  the  fruit  are  put  are  entirely  manufactured 
on  the  premises,  the  cases  being  purchased  as  required.  During  the  season 
employment  is  given  to  three  hundred  persons,  principally  females,  while  the 
business  is  on  the  increase,  each  year  showing  a  larger  export,  chiefly  to 
Eastern  and  foreign  markets.  The  works  of  the  Golden  Gate  Packing 
Company  are  situated  between  Julian  and  Empire  streets,  on  Thinl  and 
Fourth  streets,  and  the  officers  are:  G.  B.  Bowman,  President;  John  W. 
Hinds,  Vice-President;  George  M.  Bowman,  Secretary  and  Superintendent. 

California  Fruit  Packing  Companij. — This  company  have  their  works  on 
Third  street,  between  Julian  and  Empire,  and  was  established  in  1880,  the 
head  office  being  at  Nos.  505  and  507  Sansome  street,  San  Franci.sco.  Here 
a  large  fruit  packing  industry  is  carried  on,  giving  employment  to  more  than 
one  hundred  persons,  the  whole  under  the  management  of  R.  Sresovich. 
The  works  are  divided  into  distinct  departments,  the  fruit-drying  portion 
havinof  been  in  existence  since  1876  ;  there  was  also  a  wine  cellar  on  tlie 
premises,  which  was  unfortunately  destroyed  by  fire  in  1879,  with  a  total 
loss  of  fifteen  thousand  gallons  of  wine.  These  cellars  are  now  in  the  course 
of  reconstruction,  and  the  expectancy  is  to  manufacture  ten  thousand  gallons 
this  year.  The  dimensions  of  the  different  buildings  are  as  follows:  fruit- 
packing  room,  one  hundred  and  forty-seven  feet  long  and  forty  wide;  tVuit- 
drying  room,  one  hundred  and  thirty  feet  long,  and  twenty-five  wide;  cel- 
lars, forty  feet  square,  and  eight  feet  high. 

Non-Commercial  Corporations. — Under  this  head  it  is  purposed  to  pro- 
duce those  enterprises  which  have  no  direct  relation  with  the  commerce  of 
the  county,  but  are  created  more  as  public  benefits  than  for  mercantile  gain. 
:34. 


530  HISTORY    OF    SANTA   CLARA    COUNTY,   CALIFORNIA. 

San  Jose  Gas  Company. — This  association  was  started  October  6,  1860, 
under  a  franchise  granted,  by  the  Common  Council  of  the  city  of  San  Josd, 
to  James  Hagan,  who,  immediately  thereafter,  commenced  the  erection  of  the 
present  woi'ks,  on  the  corner  of  Third  and  San  Fernando  streets.  In  the 
same  month  the  company  was  incorporated,  under  the  laws  of  the  State,  by 
James  Hagan,  James  K.  Prior,  and  Thomas  Anderson.  Mains  and  pipes 
were  first  laid  October  24th,  from  the  works,  along  Third  and  San  Fernando 
streets,  thence  to  First  street,  to  Santa  Clara  street,  then  north  and  south  on 
Market  street,  and  on  January  21,  1861,  houses  were  first  lighted,  the  gas 
being  supplied  to  eighty-four  consumers,  at  the  rate  of  ten  dollars  per  one 
thousand  cubic  feet.  In  1862,  street  lamps  were  erected  and  the  public 
thoroughfares  illuminated,  since  when  the  company  has  extended  its  mains 
to  the  town  of  Santa  Clara,  a  distance  of  three  miles.  During  the  first  year, 
the  consumption  of  gas  was  one  hundred  and  sixty-five  thousand  cubic  feet 
while  the  consumption  of  coal  was  ten  tons  on  an  average.  In  the  year  1875, 
the  fifteen  years'  privilege,  originally  granted  by  the  Council,  having  expired, 
right  was  granted,  in  1878,  to  a  new  company,  called  The  Garden  City  Gas 
Company,  to  make  gas  by  a  new  system,  known  as  the  "  Low  Process"  or 
water  gas,  in  which  year  they  commenced  operations.  Works,  of  an  exceed- 
ingly substantial  character,  were  erected  by  them,  on  San  Augustin  street, 
outside  of  the  incorporated  limits.  Gas  of  this  manufacture  was  first  used  on 
June  l7th,  of  that  year,  and  keen  competition  ensued  between  the  rival 
companies,  while  the  price  of  the  article  declined  to  one  dollar  and  fifty  cents 
per  one  thousand  cubic  feet.  The  opposition  was  too  strong,  however,  for 
the  Garden  City  Gas  Company;  they  existed  until  Februaiy  1,  1870,  when 
they  retired  from  the  contest,  the  "  San  Jose"  acquiring  their  property,  and 
thus  gained  the  control  of  the  entire  gas  supply  of  the  city  as  well  as  that 
of  the  town  of  Santa  Clara.  With  the  increase  of  consumption  the  price  has 
declined,  until,  instead  of  paying  the  original  price  of  ten  dollars  per  one 
thousand,  the  cost  is  now  three  dollars  and  fifty  cents  for  the  same  number 
of  cubic  feet.  At  the  pi-esent  time,  the  product  of  the  two  processes,  water 
gas  and  coal  gas,  is  being  used,  both  being  mixed  and  distributed  through 
mains  of  about  fifteen  miles  in  length.  The  premises  on  Third  street  occupy 
two  fifty-vara  lots  running  from  Third  to  Fourth  street,  and  comprise  ofiice, 
retort  house,  gasometers,  coal  shed  and  purifying  house.  The  works  on  San 
Augustin  street,  near  the  Alameda,  cover  nearly  three-fourths  of  an  acre, 
the  principal  buildings  there  being  the  retort  house,  purifying  room,  coal  shed, 
as  well  as  a  gas-holder,  generator  and  superheater.  The  present  Directors 
of  the  company  are:  James  Hagan,  James  K.  Prior,  C.  T.  Ryland,  William 
Buckley,  C.  N.  Felton ;  the  President  being  James  Hagan ;  Secretary,  Austin 
Roberts;  and  Treasurer,  C.  T.  Ryland.  The  two  establishments  are  con- 
nected bv  a  telephone. 


SAN  JOS£   TOWNSllir,  531 

San  Jos^  and  Santa  Clara  Horse  Railroad  Company. — In  the  month  of 
March,  18G8,  the  Legislature  of  ( 'aUfornia  granted  a  franchise,  to  S.  A. 
Bishop,  Charles  Silent,  Daniel  Murphy,  D.  B.  Moody,  and  their  associates,  to 
construct  a  horse  railroad  along  the  Alameda,  from  San  Josd  to  Santa  Clara. 
Messrs.  Murphy  and  Moody  having  declined  to  avail  them.selvcs  of  the  fran- 
chise, a  new  Directorate  was  organized  as  follows:  S.  A.  Bishop,  John  H. 
Moore,  Charles  Silent,  Hiram  Shartzer,  B.  Bryant,  and  D.  W.  Burnett,  from 
among  whom  the  following  officers  were  chosen:  President,  S.  A.  Bi.shop; 
John  H.  Moore,  Treasurer;  and  Charles  Silent,  Secretary.  On  August  31st, 
work  was  first  started  on  the  road  and  completed  the  1st  November,  on  which 
day  the  cars  made  their  initial  trip,  running  from  First  street,  in  San 
Josd,  to  Main  sti-eet,  in  Santa  Clara,  a  distance  of  three  miles  and  a  half. 
In  18G9,  the  line  was  extended  eastward  along  Santa  Clara  street,  in  San 
Jose,  to  the  Coyote  creek  bridge,  now  known  as  East  San  Jose,  nearly  one 
mile  and  one-half  farther,  making  the  whole  length  of  the  road  about  five 
miles,  but  the  distance  being  considered  too  gi*eat  for  horses,  if  driven  at  the 
requisite  speed,  permission  was  granted  by  the  Board  of  Supervisors,  July  6, 
1870,  to  use  steam,  pony,  or  pneumatic  propelling  power,  while,  November 
6,  1877,  authority  was  granted  to  run  the  cars  over  the  said  bridge,  along 
Santa  Clara  street  to  McLauohlin  avenue. 

Market  Street  and  Willoiv  Glen  Horse  Railroad.  Company. — A  franchise 
was  granted  February  11,  1876,  by  the  Board  of  Supervisors  of  Santa  Clara 
county,  and  the  Mayor  and  Common  Council  of  the  city  of  San  Jos^,  to  C. 
T.  Bird,  Charles  B.  Hensley,  John  Auzerais,  F.  J.  Sauffrignon,  J.  C,  Bland, 
Oliver  Cottle,  Isaac  Bird,  F.  Brassy,  T.  W.  Spring,  James  R.  Lowe,  R.  C. 
Swan,  and  S.  Newhall,  to  establish  a  street  railroad.  This  enterprise 
developed  into  the  Market  street  and  Willow  Glen  Railroad  Company,  which 
was  incorporated  in  accordance  with  the  laws  of  California,  February  23d, 
by  C.  T.  Bird,  John  Auzerais,  J.  J.  Denny,  Isaac  Bird,  F.  J.  Sauffrignon,  C. 
Yocco,  F.  Brassy,  from  among  whom  the  following  officers  were  elected:  J. 
J.  Denny,  John  Auzerais,  Isaac  Bird,  F.  J.  Sauffrignon,  and  C.  T.  Bird, 
Directors;  C.  T.  Bird,  President;  John  Auzerais,  Treasurer;  and  F.  Brassy, 
Secretar3^  The  route  originally  authorized  was  from  the  intersection  of 
Julian  and  Market  streets  to  Willow  street;  it  has  since,  however,  been 
extended  from  Willow  street  to  Lincoln  avenue,  and  from  Julian  sti-eet  to  the 
depot  of  the  Southern  Pacific  Railroad  Company,  the  entire  length  of  the 
line  being  a  fraction  less  than  three  miles.  The  company's  stables  and  ter- 
minus are  on  Willow  street;  they  run  nine  horses,  three  cars,  and  employ 
four  men.  The  present  Directors  are :  C.  T.  Bird,  John  Auzerais,  F.  J. 
Sauffrignon,  F.  Gambert,  F.  Brassy;  the  officers,  F.  Gambert,  President; 
F.  Brassy,  Treasurer;  J.  J.  McLaurin,  Secretary. 


532  HISTORY    OF   SANTA    CLARA    COUNTY,    CALIFORNIA. 

The   Peoples   Horse  Railroad    CoTni^any. — On    February  26,    1877,  the 

Common  Council  of  the  city  of   San  Jose  granted  to  the  South-East-Side 

Horse  Raih'oad  Company,  a  franchise,  for  a  narrow-gauge  raihoad,  to  Jacob 

Rich,   C.  G.  Harrison,  W.  S.  McMurtry,  J.  Y.  McMillin,  and  S.  W.  Boring, 

the  original  stockholders  and  trustees  of  the  association,  the  officers  being  : 

Jacob  Rich,   President;  S.  W.  Boring,  Secretary.     Subsequently  the  same 

parties  procured  a  franchise  for  a  narrow-gauge  road,  taking  for  its  initial 

point  the  center  of  Second  and  San  Fernando  streets,  and  running  thence  to 

Market  and  Santa  Clara  streets ;  on  Santa  Clara  street  to  the  Alameda  road, 

and  thence  to  the  town  of  Santa  Clara— Approved  February  28,  1879.    The 

South-East-Side  Horse  Railroad  Company  then  deeded  all  its  franchises  to 

the  new  corporation  named  the  People's  Horse  Railroad  Company ;  the  same 

Directorate  being  continued,  and  are  now  the  officers. 

■> 

North-Bide  Horse  Railroad  Company.  —  The  Board  of  Supervisors  of 
the  County  of  Santa  Clara  and  the  Mayor  and  Common  Council  of  the  City 
of  San  Josd  granted  a  franchise  to  the  North-Side  Horse  Railroad  Compan}^ 
in  June,  1875,  commencing  at  the  intersection  of  St.  John  and  First  streets, 
and  running  thence  to  Fourteenth  and  Mission  streets,  in  the  north-east  part 
of  the  city.  The^ first  President  was  Davis  Devine,  and  Secretary,  D.  W 
Harrington;  those  at  present  in  office  are:  President,  W.  S.  McMurtry; 
Secretary,  J.  Y,  McMillin;  Manager,  C.  G.  Harrison. 

Bay  and  Coast  Telegraph  Company. — This  company  was  organized  June 
10,  1878,  by  A.  E.  Davis,  Edward  Barron,  Daniel  Cook,  Joseph  Clark,  and 
Seth  Cook,  these  gentlemen  being  the  first  Directors  of  the  association;  the 
present  Directorate  are:  A.  E.  Davis,  President;  and  Messi's.  Barron,  D. 
Cook,  Clark,  and  Seth  Cook.  In  the  years  1878  to  1880,  inclusive,  there 
have  been  sent  over  the  company's  lines,  on  an  average,  twenty  thousand 
messages,  while  their  wires  extend  from  San  Francisco  to  Santa  Cruz  via 
San  Josd,  a  branch  running  from  the  last-named  city  to  Alameda  Point,  and 
terminating  at  Oakland. 


'^to 


Markets. — The  city  of  San  Jose'  boasts  of  two  market  buildings,  than 
which  there  are  no  finer  in  the  State.  Before  these  were  constructed  by  the 
enterprising  gentlemen  who  built  them,  there  was  a  desire  for  such  buildings; 
on  their  completion,  however,  the  demand  would  appear  to  have  ceased,  and 
the  edifices  remain  almost  only  as  ornaments  to  the  city,  and  proof  of  the 
enterprise  of  the  projectors. 

City  Market. — This  handsome  building,  occupying  a  frontage  on  Market 
street  of  one  hundred  feet,  and  a  depth  of  one  hundred  and  twenty  feet^ 
was  constructed  in  the  year  1873  by  Martin  Murphy  and  Edward  Auzerais, 
at  a  cost  of  thirty-five  thousand  dollars.     The  entire  space  of  the  ground 


SAN    JOS^    TOWxNSHlF.  533 

floor  is  open,  and  a  portion  occupied  as  an  agricultural  iinjjlement  store,  while 
the  second  story  is  divided  into  the  City  Market  Hall,  of  one  hundred  feet 
square,  and  the  necessary  adjacent  rooms. 

Centntl  Market. — In  the  year  1874,  C  T.  Ryland,  Dr.  Hugh  Downer, 
and  N.  Hayes,  constructed  the  fine  market  building,  situated  between  San 
Fernando  and  Santa  Clara  streets,  and  running  through  from  First  to  Sec- 
ond street,  the  first-named  gentleman  owning  the  end  Ironting  ou  First 
street,  and  Messrs.  Downer  and  Hayes  that  on  Second  street.  The  building 
is  of  elegant  design,  and  cost  nearly  forty-five  thousand  dollars. 

Theaters,  Halls,  etc. — San  Jos^  is  the  proud  possessor  of  two  of  the 
most  beautiful  and  well-appointed  theaters  in  California,  while  there  are 
several  spacious  halls,  adapted  to  theatrical  entertainments,  public  meetings, 
or  danchig  parties.  Indeed,  'tis  a  pity  to  see  such  elegantly-fitted  establish- 
ments left  a  prey  to  the  corruption  of  moths  and  mildew,  or  the  tender 
mercies  of  an  occasional  stray  company,  made  up  of  a  "  star"  of  considerable 
magnitude,  with  attendant  satellites  pressed  from  among  the  more  ambitious 
"supers"  to  be  found  hovering  about  the  back-entrances  of  the  San  Fran- 
cisco theaters. 

San  Jose  Ojoera  House. — Originally  known  as  Brohaska's  Opera  House, 
this  institution  was  opened  on  the  evening  of  August  18,  1870.  It  is  situ- 
ated on  Santa  Clara,  between  Second  and  Third  streets;  is  supplied  with 
dress  circle,  parques,  and  gallery,  four  proscenium  boxes  and  a  seating 
capacity  of  ten  hundred  and  twenty-four.  The  stage  is  thirty-eight  by  sixty- 
four  feet:  the  stock  of  scenery  is  extensive;  it  is  provided  with  all  the 
necessary  traps  and  other  paraphernalia,  while  every  precaution  is  taken  to 
insure  safety  from  fire.  The  play  with  which  it  opened  was  the  well-known 
society  comedy  of  "  London  Assurance,"  the  famous  actors,  John  T.  Ray- 
mond and  his  wife  (Miss  M.  E.  Gordon),  respectively  appearing  as  Mark 
Meddle  and  Lad}-  Gay  Spanker,  In  the  month  of  July,  1880,  the  entire 
building  was  renovated,  profusely  decorated,  and  opened  by  Samuel  W. 
Piercy  and  his  "  Diplomacy  "  company.  [Since  writing  the  above  this  build- 
ing along  with  several  others  has  been  burnt.] 

Califo^mia  Theater. — When  Messrs.  Downer  and  Hayes  erected  their  por- 
tion of  the  Centi-al  Market  on  Second  street,  they  })ut  an  upper  story  into 
the  building  and  converted  it  into  the  Central  Hall,  but  finding  that  the 
want  of  a  fire-proof  theater,  where  enjoyment  could  be  had  inside  of  brick 
walls,  at  great  expense  they  remodeled  and  renovated  the  former  structure, 
and  have  succeeded  in  giving  to  the  public  one  of  the  finest  theaters  on  tho 
Pacific  coast.  The  following  information  has  been  kindly  furnished  to  us  by 
Charles  R.  Bacon,  the  courteous  manager  of  the  California:      The  architect 


534  HISTORY    OF   SANTA   CLARA   COUNTY,    CALIFORNIA. 

"was  J.  A.  Remer,  who  planned  and  built  the  Baldwin  Theater,  San  Fran- 
cisco; the  stage  was  constructed  by  Steve  Gulliver,  the  builder  of  that  at  the 
above  place;  the  scenery  was  painted  by  Forrest  Seabury,  late  of  the  Cali- 
fornia Theater  and  Grand  Opera  House,  San  Francisco;  the  seats,  boxes,  etc., 
were  upholstered  by  Bennett  &  Co.,  San  Jose;  the  painting  by  Jarman  of 
San  Jose;  the  frescoing  of  the  entire  house  by  Massman  and  Eibach  of  San 
Francisco;  and  the  sunlight  burner  (which  is  eight  feet  in  diameter),  and  all 
gas  fixtures,  by  Nye  &  Co.  of  San  Francisco.  The  CaUfornia  Electrical  Works 
have  erected  one  of  their  machines  on  the  stage  for  lighting  the  gas  by  elec- 
tricity, and  every  light  in  the  house  can  be  regulated  by  a  first-class 
distributer,  which  is  on  the.stage.  There  has  also  been  placed  in  the  building 
a  telephone  and  district  telegraph,  which  is  at  the  disposal  of  the  audit  nee- 
The  building  has  been  furnished  with  four  fire  plugs  in  convenient  places; 
there  is  a  small  lecture  Ifall  adjoining  the  theater  with  a  seating  capacity  of 
three  hundred  and  fifty;  while  street  cars  between  San  Jose  and  Santa  Clara, 
also  to  the  southern  and  western  city  limits  pass  the  door.  The  list  of  stock 
and  set  scenery  is  complete;  the  size  of  the  stage  is  thirty-eight  by  fifty-three 
feet;  and  the  seating  capacity  nine  hundred  and  fifty-eight.  The  entii-e  cost 
of  renovation  was  eighteen  thousand  dollars.  The  opening  play  was  one  per- 
formed by  a  company  of  amateurs  of  San  Jose,  but  its  true  inaugui-ation  was 
by  the  splendid  and  favorite  tragedian  Lawrence  Barrett,  in  the  role  of 
Hamlet.  Mr.  Bacon  undertook  the  management  May  1,  1880.  The  pro- 
prietors are  Hayes  &  Downer. 

Music  Hall. — The  fine  structure  known  as  the  Music  Hall  Building  situated 
on  First  street  between  St.  John  and  Santa  Clara  streets,  was  built  by  a  San 

Francisco  gentleman  named Smith  in  the  year   1870,  who,  two  years 

later,  disposed  of  it  to  the  estate  of  S.  J.  Hensley,  they  continuing  its  owners 
until  September  1,  1879,  when  it  was  purchased  by  C.  H.  Maddox.  The 
building  has  a  frontage  on  First  street  of  one  hundred  and  thirty-seven  feet, 
and  a  depth  of  one  hundred  and  ten  feet.  The  large  hall  is  ninety-three  by 
seventy  feet  in  dimensions ;  is  finely  frescoed  on  walls  and  ceilings  and  lit  by 
a  pendant  gaselier  of  eighteen  jets,  besides  thirty-two  burners  placed  in 
brackets  on  the  walls.  The  southern  end  of  the  room  is  provided  with  a 
convenient  stage,  fitted  with  scenery  and  attendant  equipments,  the  whole 
being  capable  of  accommodating  from  six  to  eight  hundred  persons.  Con- 
tiguous to  it  is  a  smaller  hall  of  thirty-three  by  sixty  feet,  suitable  for 
dancing  and  public  suppers,  the  entire  suite  making  as  convenient  a  place  for 
public  meetings  as  can  be  found  in  the  country. 

San  Jose  Water  Company. — On  November  26,  1866,  Donald  McKenzie 
and  John  Bonner  of  San  Jos^,  and  A.  Chabot,  of  Oakland,  Alameda  county, 
with  a  capital  stock  of  one  hundred  thousand  dollars  established  the  con- 


SAN   JOS^   TOWNSHIP.  535 

cern  now  under  notice.  The  cit}'  of  San  Jo.s(^  and  the  town  of  Santa  Clara 
granted  the  exclusive  water  privileges  for  the  term  of  twenty-five  years, 
while  to  carry  out  their  plan  tanks  were  constructed,  engines  built,  and  the 
city  supplied  with  water  from  artesian  wells.  At  the  end  of  two  years  the 
volume  of  fluid  thus  obtained  was  found  insufficient  for  the  growing  wants 
of  the  community,  therefore  the  right  to  use  the  water  of  the  Los  Gatos 
creek  was  obtained,  and  a  new  company  formed  in  18G8  with  an  increased 
capital  of  three  hundred  thousand  dollars,  the  incorporators  being  Donald 
McKenzie,  A.  Chabot,  N.  H.  A.  Mason,  C.  X.  Hobbs,  E.  McLaughlin;  and 
the  officers,  N.  H.  A.  Mason,  President:  D.  McKenzie,  Vice-President, 
William  B.  Rankin,  Secretary;  C.  X.  Hobb.s,  Superintendent;  E.  McLaugh- 
lin, Treasurer.  On  the  assumption  of  responsibility  by  the  new  association 
their  first  work  was  the  condemning  of  the  waters  of  the  Los  Gatos  creek 
and  the  bringinof  of  the  fluid  from  the  mountains.  A  reservoir  was  con- 
structed  on  that  road,  about  four  miles  from  San  Jos^  in  that  year ;  another 
was  made  four  miles  farther  on,  and  the  necessary  pipes  laid,  those  first  put 
into  position  in  the  city  being  on  First  and  Santa  Clara  streets,  with  lateral 
pipes  to  the  other  thoroughfares.  It  has  been  mentioned  in  our  history  of 
Redwood  township  that  the  water  is  taken  from  the  tail-race  of  the  mill  at 
Los  Gatos.  It  was  originally  conducted  therefrom  by  flumes,  but  now  it  finds 
its  way  through  pipes  to  the  proper  receptacles,  whence  it  is  carried  into  the 
town.  In  case  of  emergency  the  company  have  pumping  works  situated  near 
Santa  Clara  street,  on  the  west  bank  of  the  Los  Gatos  creek,  whence  they  are 
prepared  to  supply  the  public.  In  the  year  1870  water  was  conveyed  to  the 
town  of  Santa  Clara,  thus  making  the  total  length  of  piping  belonging  to  the 
corporation  to  be  about  fifty-six  miles.  Including  both  San  Jos^  and  Santa 
Clara  the  average  daily  run  is  estimated  at  nearh''  two  million  gallons;  San 
Jos^,  Santa  Clara  and  Los  Gatos  are  supplied  free  of  charge  for  fire  purposes, 
as  is  also  the  county.  Water  rates  for  the  city  of  San  Jose  and  town  of 
Santa  Clara  are  fixed  by  them ;  tho.se  outside  of  the  corporate  limits  are 
established  [by  the  Board  of  Supervisors.  The  present  officers  are,  Presi- 
dent, E.  D.  Williams;  Superintendent,  Return  Roberts;  Secretary,  D.  A.  S. 
Eyster;  Treasurer,  E.  McLaughlin;  Director.s,  E.  D.  Williams,  Josiah  Belden 
J.  A.  Moultrie,  W.  H.  Ware,  Frank  Bray. 

Live-Oak  Vineyard. — This  enterprise  was  commenced  by  N.  H.  Stock- 
man six  miles  south-west  from  San  Jos(^.  Here  they  have  a  cellar  one  hun- 
dred and  eight  by  forty-four  feet,  and  ten  feet  high,  with  concrete  walls  over 
which  there  is  erected  a  two-story  building.  The  cellar  has  a  capacity  of 
two  hundred  and  seventy-five  thousand  gallons.  They  have  also  a  still 
using  direct  heat,  and  two  presses.  This  vineyard  comprises  seventy-nine 
acres  all  set  to  vines  and  the  yearly  production  is  from  forty  to  fifty  thou- 
sand gallons.     Their  depot  and  salesroom  is  at  San  Jose,  on  Santa  Clara 


530  HISTORY    OF    SANTA    CLAEA    CoUiNTY,    CALIFORNIA. 

street  near  Tenth,  and  their  market  is  in  San  Fi-aneisco;  however,  this  year 
they  have  opened  a  trade  in  New  York  City  and  have  made  one  shipment  to 
that  place. 

^Newspapers. — -The  Pioneer. — This  is  a  weekly  journal,  published  in  San 
Jose,  by  Alex.  P.  Murgotten,  founder,  publisher,  and  proprietor.  As  its  head 
would  indicate,  it  is  devoted  to  the  interests  of  the  pioneers  of  California 
and  the  resources  of  the  Golden  State. 

The  manner  of  its  founding  and  the  reasons  for  its  publication  are  about 
as  follows:  At  the  meeting  of  the  Pioneer  Society  of  Santa  Clara  County, 
held  in  1876,  it  was  voted  that  each  member  of  the  society  should  furnish  a 
sketch  of  his  life  and  pioneer  history  for  preservation  by  the  society.  As 
these  sketches  began  to  accumulate  Mr.  Murgotten  conceived  the  idea  of  start- 
ing a  weekly  paper,  for  tRe  purpose  of  publishing  them  in  such  a  form  as 
they  might  be  preserved  for  all  time.  And  in  addition  to  that  make  it  a 
general  pioneer  paper,  and  also  a  local  county  organ  at  the  same  time.  Tins 
suggestion  was  communicated  to  the  Board  of  Directors  of  the  society,  and 
met  their  unanimous  and  heart}'  approval.  On  the  eleventh  day  of  January, 
1877,  the  first  number  of  the  paper  was  issued.  The  novelty  of  the  publi- 
cation and  the  interesting  matter  published,  soon  caused  the  paper  to  receive 
a  large  circulation.  The  dull  years  came,  however,  and  it  with  every 
other  business  had  to  take  its  share.  But  its  publisher  has  held  on  with  the 
tenacity  of  early  times,  hoping  for  a  turn  in  the  current  for  the  better. 

It  has  been  the  means  of  accumulating  a  vast  amount  of  very  valuable 
history  arid  data  concerning  the  early  occupation  and  conquest  of  California 
that  will  be  worth  its  weight  in  gold  in  future  years,  not  only  to  the  histo- 
rian but  to  the  general  reader.  The  children  and  the  children's  children  of 
the  pioneers  of  California  will  read  it  in  the  far  future  with  pleasure  and 
profit. 

We  regret  to  say  that  the  publisher  informs  us  that  the  paper  does  not 
receive  the  encouragement  it  ought  from  the  pioneers  themselves.  For  they, 
of  all  others,  should  feel  a  deep  interest  in  its  publication,  and  should  do  all 
in  their  power  to  extend  its  circulation  and  usefulness. 

To  us,  in  the  publication  of  our  histories  of  the  various  counties  in  this 
State,  it  has  been  a  decided  aid,  abounding  in  a  vast  amount  of  pioneer  infor- 
mation, for  which  we  are  exceedingl}'  grateful,  and  trust  its  prosperity  in  the 
future  will  be  sufficient  reward  for  its  labors  in  the  past. 

The  Daily  Morning  Times. — In  the  early  part  of  the  Summer  of  1879,  S. 
W.  de  Lacy,  then  city  editor  of  the  Evening  Herald,  impressed  with  the 
conviction  that  a  fine  field  existed  in  San  Jos^  for  the  publication  of  an  inde- 
pendent morning  journal,  began  a  quiet  canvass  of  the  business  portion  of  the 
city  for  the  purpose  of  thoroughly  satisfying  himself  upon  this  point.     In. 


SAN    JOSfi    TOWNSHIP.  537 

this  enterprise  he  had  for  an  associate  and  prospective  partner,  J.  G.  Murdoch, 
fcirmerly  foreman  of  the  Herald  office,  and  a  printer  of  long  experience  and 
rare  ability.  But  a  few  days'  work  convinced  them  that  the  j)rospects 
were  exceedinfj^ly  favorable  for  the  success  of  the  proposed  undertaking. 
Accordingly  Mr.  de  Lacy,  having  severed  his  connection  with  the  Herald,  set 
at  work,  in  company  with  Mr.  Muixloch,  to  make  the  required  arrangements 
for  the  issue  of  the  new  paper.  It  made  its  appearance  under  the  caption  of 
the  Daily  Morning  Times  on  the  loth  of  July,  1879,  and  was  received  with 
unmistakable  marks  of  approval  by  the  business  men  and  public  generally. 
Mr.  F.  B.  Murdoch,  a  veteran  in  journalism,  was  engaged  as  editor  and 
after  the  publication  became  one  of  the  proprietors,  together  with  Henry, 
brother  of  J.  G.  Murdoch.  The  firm  name  was  the  Times  Fahlishlng 
(Jompany.  On. January  1,  1880,  Mr.  de  Lacy  became  sole  proprietor  by 
purchasing  the  interests  of  his  partners.  The  first  month  thereafter  over 
throe  hundred  names  were  added  to  the  subscription  list  and  upwards  of  two 
hundred  during  the  second  month.  Since  then  the  course  of  the  Times  has 
been  onward  and  upward.  It  has  been  the  aim  of  the  editor  and  proprietor 
to  make  it,  not  only  a  live,  spicy  local  papar,  but  one  fearlessly  independent^ 
the  organ  of  no  ring,  clique  or  faction,  and  the  success  that  has  attended  its 
career  has  been  equalled  by  no  newspaper  in  the  State,  with  the  exception  of 
the  San  Francisco  Chronicle  and  the  Stockton  Mail.  Unlike  the  majority 
of  papers,  it  has  never  been  afraid  to  express  an  opinion  on  any  subject,  local, 
State,  national  or  general.  It  has  always  been  the  outspoken,  fearless  and 
inflexible  champion  of  the  right  ani  the  unswerving  implacable  enemy  of 
w'rong,  in  whatever  shape  or  whatever  guise.  As  the  people's  friend  and 
advocate,  it  has  gained  a  reputation  that  will  be  lasting.  The  Times  has  a 
large  cii'culation  outside  of  San  Josd,  and  the  list  is  increasing  rapidly. 

San  Jose  Mercury. — The  San  Jos^  Telegraph  in  18G0  merged  into  the 
Telegraph  and  Mercury,  under  the  management  of  Wm.  N.  Slocum,  who 
soon  dropped  the  word  Telegraph  from  the  name  and  called  the  paper  The 
San  Jose  Mercury.  In  the  Spring  of  1861  the  paper  pa«jsed  under  the 
management  of  J.  J.  Owen,  who  obtained  a  lease  of  the  ofHce  from  the  own- 
ers.  He  subsequently  purchased  a  controlling  interest  in  the  ownership,  and 
took  in  a  partner,  B.  H.  Cottle,  and  the  paper  was  published  for  about 
nine  years  under  the  firm  name  of  Owen  &  Cottle.  In  the  Fall  of  1861  the 
Daily  Mercury  was  first  started.  Its  publication  was  continued  for  three 
months  and  suspended.  In  August,  1869,  J.  J.  Conmy  was  added  to  the 
firm,  a  power-press  was  purchased,  and  the  publication  of  the  Ddily  Mercury 
resumed.  It  was  continued  for  nine  months  and  again  suspended,  the  firm 
dissolving  partnership,  Cottle  &  Conmy  taking  the  jobbing  department  of 
the  office,  and  J.  J.  Owen  the  Weekly  Mercury.  The  weekly  was  published 
until  March,  1871,  by  J.  J.  Owen,  when  B.  H.  Cottle  having  dissolved  part- 


538  HISTORY    OF   SANTA   CLARA   COUNTY,    CALIFORNIA, 

nership  with  Conmy,  re-entered  into  partnership  with  J.  J.  Owen,  bouo-ht 
out  the  Daily  Independent,  and  chant^ed  its  name  to  the  Dally  Mercury, 
since  which  time  the  daily  has  been  regularl}?  issued.  In  the  Fall  of  1873 
Owen  bought  out  Cottle's  interest,  and  continued  publication  of  the 
paper,  under  his  own  name,  until  August,  1878,  when  the  Mercury  Printing 
and  Publishhig  Company  was  organized,  of  which  he  was  chosen  Superin- 
tendent, and  is  such  at  present. 

The  Daily  Herald. — This  paper  is  the  outgrowth  of  the  Patriot,  of  which 
we  have  spoken  in  the  history  of  San  Jos^.  In  September,  1876,  James  T. 
Murphy  purchased  that  publication  from  F.  B.  Murdoch  and  gave  to  it  the 
name  of  the  Daily  Herald,  the  firm  conducting  it  being  known  as  the 
Herald  Publishing  Company.  The  daily  and  weekly  were  continued  with- 
out change  until  September,  1878,  when  Mr.  Murphy  purchased  the  Argus 
from  W.  A.  January,  and  established  the  Herald-Argus.  On  September 
18,  1880,  W.  A.  January  acquired  the  paper  from  Mr.  Murphy,  and  is  now 
the  proprietor,  although  the  style  of  the  firm  is  still  maintained  as  the 
Herald  Publishing  Company.  The  Editor  is  J.  F.  Thompson;  City  Editor, 
A.  C.  Bane;  Business  Manager,  D.  W .  Wilier.  It  is  a  seven-column,  eight- 
page  publication,  while  its  views  are  Democratic,  an  alteration  that  was  con- 
sumated  when  it  changed  its  name  from  the  Patriot  under  Mr.  Murphy's 
re'gime. 


SANTA   CLARA   TOWNSHIP. 


SANTA    CLARA    TOWNSHIP, 


Geographri. — Santa  Clara  township  is  bounded  on  the  north  Ijy  Alviso 
township,  on  the  west  by  Fremont  and  Redwood  townships,  on  the  south 
by  Redwood,  Ahnaden,  and  San  Jose  townships,  and  on  the  east  by  San 
Jos^  and  Alviso  townships. 

Topography. — The  extent  of  this  township  has  been  much  changed  since 
it  was  originally  surveyed,  a  large  portion  of  Alviso  having  been  added  to  it. 
It  is  chiefly  comprised  in  level  valley  lands,  composed  of  fertile  soil,  ami 
park -like  scenery. 

Soil. — Like  any  other  portion  of  the  Santa  Clara  valley,  the  soil  in  this 
township  is  composed,  in  portions,  of  gravelly,  red  clayey  soil,  with  rich  adobe, 
which  ever  yields  a  crop  of  marvelous  profusion  and  excellence. 

Products. — The  products  of  Santa  Clara  township  do  not  vary  from  those 
of  other  parts  of  the  county.  Cereals,  in  every  variety,  fruits,  vegetables, 
and  tubers,  all  attain  the  highest  perfection  imaginable,  while  there  is  easy 
means  of  export  by  the  Southern  Pacific  and  South  Pacific  Coast  Railroads, 
both  of  which  companies  have  depots  in  the  town  of  Santa  Clara. 

Tiviher. — Save  the  oaks,  which  add  a  beauty  to  the  landscape,  the  willow 
copses  and  the  eucalyptus  trees,  there  is  no  timber  of  any  moment  in  the 
township.  What  there  is,  being  enough  to  supply  the  inhabitants  with  fire- 
wood. 

Climate. — Nothing  more  can  be  said  in  praise  of  the  climate  of  Santa 
Clara  township  than  has  been  remarked  in  the  other  portions  of  the  beau- 
tiful valley.  Serene  skies,  genial  warmth,  pleasant  Winters,  make  up  the 
sum  of  its  year's  delights. 

Early  Settlement. — On  the  forty-seventh  page  of  this  work  the  reader 
will  find  a  description  of  the  first  settlement  in  this  township,  viz. :  the 
founding  of  the  mission.  This  event  and  its  concomitant  circumstances  are 
so  much  a  part  of  the  county's  annals  that  we  have  entered  into  it  as  fully 
as  may  be  in  our  remarks  on  the  early  history  and  settlement;  while,  the 
warlike  scenes  enacted  in  its  neic^hborhood  durino^  the  troublous  times 
of  1846-7  have  been  given  to  the  reader  in  our  chapter  under  the  caption  of 
"The  Mexican  War." 

Up  to  the  year  1849,    the   Franciscan  Friar,  Padre  Real,  in  charge  of 


540  HISTORY    OF    SANTA    CLARA    COUNTY,   CALIFORNIA. 

the  Santa  Clara  Mission  Church,  in  addition  to  his  clerical  duties,  claimed 
also  to  exercise  control  over  the  lands  and  other  property  adjacent  to  the 
Mission,  notwithstanding  the  Act  of  Secularization  which  passed  the  Mex- 
ican Congress,  in  1833,  that  by  its  terms  segregated  the  temporalities  from 
the  spiritual  affairs  of  the  church,  placing  the  former  under  the  charge  of  a 
inayorclonio,  as  agent  of  the  government,  leaving  the  priests  to  attend  solely 
to  the  education  and  spiritual  affairs  of  the  flock,  inasmuch  as  no  grant  or 
other  title  had  been  made  by  the  Mexican  Government  to  either  the  Church 
or  the  priest,  of  the  lands  or  other  property  claimed. 

While  this  question  was  being  raised,  a  large  number  of  American  citi- 
zens commenced  to  arrive,  and  at  once  set  to  work  to  consider  the  situation. 
In  public  meeting  assembled  it  was  resolved  by  them.  First,  that  the  land 
belonged  the  United  States;  second,  they  determined  to  lay  out  a  town  in 
blocks  of  one  hundred  yar^s  square,  and  that  each  head  of  a  family  should 
be  entitled  to  a  block  on  payment  of  ten  dollars  toward  building  a  school- 
house,  and  four  dollars  additional  towards  defraying  expenses  of  survey, 
etc. 

Let  us,  however,  ask  the  courteous  reader  to  travel  back  a  space  with  us 
while  we  attempt  to  make  clear  the  preliminaries  which  lead  up  to  this  state 
of  affairs. 

We  have  already  seen  that  the  manner  of  colonizing  California  was  in 
three  distinct  methods.  The  mission,  the  pueblo,  and  the  presidio.  The  first 
was  chiefly  for  the  civilization  of  the  Indians;  the  second  for  the  settlement 
of  the  territory  by  the  whites;  and  the  last  for  the  protection  of  both.  The 
law  of  secularization  now  working  smoothly,  however,  it  was  found  neces- 
sary to  change  the  plan  heretofore  in  existence,  thei'efore  in  1840,  mayordomos 
were  appointed  to  the  several  missions,  but  in  1843,  many  of  these,  among 
them  that  of  Santa  Clara,  were  once  more  placed  in  charge  of  the  priests. 
In  1845,  the  Departmental  Assembly  directed  that  some  of  the  missions 
should  be  rented,  and  in  April,  1846,  Pio  Pico  had  ordered  that  a  few  of  them 
should  be  sold,  an  order  which  was  later  annulled  by  the  assembly. 

When  the  United  States  came  in  possession  of  California  they  found  many 
disputes  had  arisen  about  the  rights  to  various  missions,  among  them  that  of 
Santa  Clara.  General  Kearny  directed  that  they  should  remain  as  he  had 
found  them,  under  the  priests,  who  were  to  be  responsible  for  their  preserva- 
tion and  for  the  property  while  in  their  charge. 

Father  Jose'  Real,  had  received  from  General  Jos^  Castro,  certain  docu- 
ments purporting  to  authorize  him  to  make  sales  of  the  Santa  Clara  Mission 
lands,  dated  respectively  May  25,  and  June  16,  1846.  Such  authority 
was  evidently  communicated  to  Governor  Mason,  for  we  find  him  notifying 
Alcalde  Weekes,  under  date  November  25,  1847,  in  these  words:  "I  have 
your  letter  of  the  13th  instant,  and  the  one  inclosed  addressed  to   yourself 


SANTA  CLARA  TOWNSHII'.  541 

from  Padre  Real.  1  know  not  what  are  tlie  privileges  that  his  reverence 
enjoys,  nor  do  I  know  to  what  '  competent  judge  '  he  refers,  who  alone  can 
take  'judicial  cognizance  against  him,'  but  it  is  very  evident,  that  if  his 
reverence  depart  from  his  calling  as  a  Catholic  priest,  and  enters  into  a  bar- 
gain or  contract  with  a  citzen  of  the  country,  he  places  himself,  and  must 
necessarily  stand  upon  the  same  footing  with  that  citizen,  and  that  citizen  has 
the  same  recourse  against  the  Padre  for  a  breach  of  contract,  as  the  Padre 
would  have  against  hiin,  or  as  one  citizen  has  against  another  in  similiar 
cases." 

On  the  29th  December,  1847,  Fatlinr  Real  communicated  the  intent  of 
these  documents  to  Col.  R.  B.  Mason,  the  then  Governor  of  California,  who, 
Januai-y  3,  1848,  replied:  "  This  document  could  certainly  give  you  no 
authority  to  sell  any  part  of  the  Mission  lands  after  the  7th  July,  1846,  the 
day  on  which  the  United  States  flag  was  hoisted  in  California,  if  indeed  it 
could  legally  have  conferred  such  authority  before.  Since  that  date,  the 
Mission  lands  can  only  be  disposed  of  by  virtue  of  authority  from  the  United 
States  Government.  I  am  therefore  obliged  to  declare,  and  do  hereby  declare 
all  sales  of  any  part  of  the  Mi.ssion  lands  made  by  your  reverence,  to  be  ille- 
gal, null  and  void,  and  that  the  purchasers  of  such  lands  hold  no  legal  title 
to  them  whatever,  by  virtue  of  any  sale  made  by  your  reverence."  This 
document  was  at  the  same  time  directed  to  be  made  public  at  Santa  Clara. 

The  story  of  the  claims  on  the  Mission  lands,  the  oi'chard  and  gardens,  is 
thus  told  by  Frederic  Hall: — 

"In  1847,  some  of  the  Americans  were  about  to  squat  upon  the  Mission 
premises.  General  Kearny  hearing  of  it,  sent  a  detachment  of  soldiers 
under  Captain  (now  General)  Naglee,  to  put  out  the  settlers  and  give  pos- 
session to  the  priests.  In  1849,  or  first  part  of  1850,  Antonio  M.  Oslo,  of 
Monterey,  went  into  possession  of  the  orchard,  under  title  emanating  from 
the  authority  of  Genei-al  Castro,  in  1846.  Oslo  rented  it  out  to  a  French- 
man for  three  years,  who  remained  in  possession  until  about  November,  1850. 
He  was  much  annoyed  by  the  early  settlers,  and  finding  that  it  would  be  a 
profitless  labor  to  attend  to  it,  abandoned  the  lease.  The  doors,  gates,  and 
other  improvements  which  he  had  placed  thereon,  he  removed.  Osio  was 
then  in  Monterey,  but  Father  Real  was  acting  as  his  agent.  The  latter 
observing  the  place  to  be  in  a  state  of  waste,  and  hearing  that  some  of  the 
settlers  were  preparing  to  squat  on  it,  called  upon  Mr.  Charles  Clayton,  then 
Alcalde  at  Santa  Clara,  and  solicited  that  he  should  place  some  reliable  man 
in  possession  until  Osio  should  arrive  from  Monterey ;  observing  at  the  same 
time  that,  whoever  should  thus  take  charge,  should  have  a  lease  from  Osio 
upon  reasonable  terms.  With  tluit  understanding,  Joel  Clayton  went  into 
possession,  and  began  to  make  improvements.  Upon  the  arrival  of  Osio, 
Mr.  Clayton  was  informed  that  a  man  in    San  Francisco  had  rented  the 


542  HISTORY    OF   SANTA    CLARA   COUNTY,    CALIFORNIA. 

premises,  and  had  paid  a  portion  of  the  rent  in  advance;  that,  in  conse- 
quence thereof,  he  (Clayton)  could  not  obtain  a  lease,  and  that  he  must 
surrender  possession.  This  he  refused  to  do,  unless  he  was  first  reimbursed  for 
the  expenditure  he  had  made.  Oslo,  declining  to  pay  the  damages,  Clayton 
remained  in  possession.  Under  a  judgment  which  had  existed  against  the 
Mission,  the  orchard  had  been  sold  by  the  Sheriff,  and  James  F.  Reed  and 
others  claimed  the  orchard  by  virtue  of  that  sale.  Joel  Clayton  obtained  a 
lease  under  the  Reed  title.  O.sio  then  commenced  suit  for  possession;  but 
before  the  trial  came  off,  Charles  Clayton,  John  H.  Watson,  James  M- 
Jones,  and  Joshua  W.  Redman  purchased  a  title  to  the  orchard  made  under 
a  sale  by  Pio  Pico,  as  Governor,  in  1846,  to  Benito  Dias,  Juan  Castafiada, 
and  Larias  Anellnas.  Charles  Clayton,  Redman  and  others,  brought  suit  for 
possession  against  Joel  Clayton.  He  disclaimed  any  right  to  the  premises, 
and  a  writ  of  restitution"  was  issued,  placing  plaintiffs  in  possession.  Osio 
instituted  suit  against  the  plaintiffs  and  defendant,  charging  collusion.  The 
suit  was  tried  at  San  Jose,  and  Osio  obtained  judgment.  James  M.  Jones, 
being  at  the  time  of  the  trial  at  the  Sandwich  Islands,  soon  thereafter  returned; 
and,  appearing  in  Court,  moved  for  a  new  trial  upon  the  ground  of  surprise 
which  motion  was  granted.  Upon  motion  and  affidavits,  a  change  of  venue 
was  had,  and  the  cause  ordered  to  Santa  Cruz  to  be  tried ;  but  Osio  having 
abandoned  the  suit,  it  was  dismissed.  Redman  and  Clayton  continued  in 
possession,  reaping  the  benefit  of  the  orchard,  which  at  that  time  was  very 
great,  as  fruit  was  scarce  and  consequently  high  in  price. 

"  After  the  Jesuits  took  the  place  of  the  order  of  San  Franciscans,  Father 
Nobili  was  stationed  at  Santa  Clara  Mission.  He  instituted  suit  against 
Redman  and  Clayton  for  possession  of  the  orchard.  The  case  was  tried  in 
Alameda  county,  early  in  1855.  After  plaintiff  closed  his  case,  on  motion 
of  defendant's  counsel,  a  nonsuit  was  granted.  Plaintiff  aj^pealed  to  the 
Supreme  Court,  and  there  the  judgment  of  the  Court  below  was  affirmed. 

"  In  the  meantime.  Bishop  Alemany  had  filed  his  petition  before  the  Land 
Commissioners,  praying  for  a  confirmation  of  all  the  Mission  property  in 
the  State,  as  the  property  of  the  Roman  Catholic  Church.  His  claim  was 
finally  confirmed,  and  the  land  embraced  therein  patented.  Then,  R.  A, 
Redman,  as  administrator  of  his  father's  estate,  and  Charles  Clayton,  com- 
promised with  Bishop  Alemany;  the  two  former  giving  a  quit-claim  to  the 
latter  of  their  right  to  the  orchard,  and  the  latter  giving  Redman  and 
Clayton  a  lease  of  the  property  for  six  years,  at  the  rate  of  one  thousand 
dollars  per  annum. 

"  Judge  Felch,  of  the  California  Board  of  Land  Commissioners,  in  deliver- 
ing the  opinion  of  the  Board,  in  the  case  of  the  Bishop,  states  clearly  the 
theory  of  the  Missionary  colonization,  as  follows:  'The  Missions  were 
intended,  from  the  beginning,  to  be   temporary  in   their  character.     It  was 


SANTA  CLARA  TOWNSHIP.  543 

contemplated  that  in  ten  years  from  their  tirst  foundation  they  shoidd 
cease.  It  was  supposed  that  witliin  that  period  of  time  the  Indians  would 
be  sufficiently  instructed  in  Christianity,  and  the  arts  of  civilized  life,  to 
assume  the  position  and  character  of  citizens ;  that  these  Mission  settlements 
would  then  become  pueblos;  and  that  the  Mission  churches  would  then 
become  parish  churches,  organized  like  the  other  establishments  of  an 
ecclesiastical  character  in  other  portions  of  the  nation  where  no  Missions  had 
ever  existed.  The  whole  missionary  establishment  was  widely  different 
from  the  ordinary  ecclesiastical  organization  of  the  nation.  In  it  the  super- 
intendence and  charge  was  committed  to  priests,  who  were  devoted  to  the 
special  work  of  Missions,  and  not  to  the  ordinary  clergy.  The  monks  of 
the  College  of  San  Fernando  and  Zacatecas,  in  whose  chai'ge  they  were, 
were  to  be  succeeded  by  the  secular  clergy  of  the  national  church,  the 
missionary  field  was  to  become  a  diocese;  the  President  of  the  Missions  to 
give  place  to  a  bishop;  the  Mission  churches  to  become  curacies;  and  the 
faithful  in  the  vicinity  of  each  parish  to  become  the  parish  worshippers.'" 

We  have  thus  far  shown  the  theory  and  manner  of  conducting  the  Missions; 
that  the  great  body  of  land  used  and  possessed  by  them  belonged  to  the 
nation ;  and  that  the  Missions  proper,  such  as  buildings,  gardens,  and 
orchards  have  been  confirmed  to,  and  are  now  in  the  possession  of  the 
Koman  Catholic  Church,  under  the  charge  of  the  Bishop. 

In  a  conversation  we  had  with  the  three  oldest  residents  now  livinf;  in 
Santa  Clara,  viz. :  Joseph  Lard,  Dr.  H.  H.  Warbuvton,  and  William  N. 
Fosgate,  the  following  information  was  gleaned;  On  their  arrival  the  only 
buildings  in  the  place  were  those  belonging  to  the  Mission  and  the  smaller 
ones  where  dwelt  the  Indian  converts.  The  Mission  church  is  described  as  a 
plain  adobe  structure  of  from  forty  to  fifty  feet  frontage  and  two  hundred 
and  fifty  in  depth,  roofed  with  tiles,  and  surmounted  with  a  tower  seventy- 
five  feet  in  height,  standing  to  the  south  front  and  containing  a  chime  of 
bells.  The  front  was  ornamented  with  rude  paintings  of  biblical  scenes,  and 
somewhat  dilapidated,  while  its  interior  arrangements  were  much  the  same 
as  they  now  are.  In  the  3^ear  1864,  owing  to  the  decay  of  the  walls,  the 
front  was  incased  with  wood,  and  a  new  roof  of  shingles  put  on,  while  in 
1878  the  remaining  walls  were  likewise  incased.  This,  however,  is  not  the 
originial  Mission  chui-ch.  That  edifice  stood  near  where  the  railroad  depots 
now  stand,  but  in  184G,  when  Mr.  Lard  with  his  parents  arrived,  there  was 
naught  remaining  of  it  but  a  heap  of  ruins.  The  original  cross,  however, 
was  found  and  removed.  It  now  stands  in  front  of  the  present  building, 
incased  with  wood,  and  bears  on  its  western  front  the  words:  "I.  H.  S. 
He  that  shall  preserve  to  the  end  shall  be  saved.     Mission  founded  1777." 

In  November,  1846,  the  foreigners  and  nearly  all  the  Californians  lived 
inside  the  Mission,  and  w^ere  amenable  to   Spanish  law.     There   were  then 


544  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

here,  says  Joseph  Lard,  the  Harjand  family,  Van  Gorden,  Sam.  Young,  Tabor, 
Allen,  Jones,  Dickenson,  and  Bennett,  and  their  families,  while  it  is  supposed 
that  the  first  American  to  locate  was  William  Chard. 

In  1848,  to  the  south  of,  and  next  to  the  church  there  resided  the  priest  in 
charge  of  the  JVIission,  Father  Real,  indeed  the  walls  of  the  building  where 
the  entrance  to  the  college  now  is  are  the  original  ones  erected.  Further 
south  lived  James  Alexander  Forbes,  Vice-Consul  for  Great  Britain.  The.se 
houses  were  on  what  is  now  known  as  Helvetia  street.  On  the  east  side  of 
the  present  Alviso  street  stood  a  row  of  adobe  buildings;  of  these  there  are 
still  remaining  the  houses  then  occupied  by  the  Bojorquez  and  Pena  fami- 
lies; while  north  of  the  brewery  we  still  find  the  remains  of  the  Bennett 
place. 

In  1847  and  1848  there  were  permanently  settled  in  Santa  Clara,  other 
than  Californians,  J.  Alex.  Forbes  and  family,  Jonathan  and  Charles  Parr, 
William  Booth  and  family,  Fielding  Lard  and  family,  Riley  Moultrie  and 
family,  Caleb  Rand  and  wife,  George  W.  Bellamy  and  famil}^  Dr.  Warbur- 
ton,  —  Bazard,  William  McCutchan,  who  dwelt  where  Goldbach's  saloon  now 
stands  ;  Robert  Scott,  who  kept  a  store  where  the  Cracker  Factory  now  is ; 
William  Haun,  Washington  Mood}',  John  Whisman,  William  Campbell, 
William  Chard,  Thomas  Hudson,  James  Linns  and  family,  Anson  Angel,  and 
others  whose  names  are  not  now  remembered.  The  only  other  store  was  kept 
by  a  Frenchman  on  the  corner  of  what  now  is  Alviso  and  Franklin  streets, 
while  the  Bellamy  House  was  the  only  house  of  entertainment.  The  first 
frame  bui  ding  in  the  place  was  constructed  in  the  year  1847  for  Father 
Real,  and  <tcod  at  the  present  south-west  corner  of  Alviso  and  Santa  Clara 
streets — th?  extreme  angle  of  the  Mission  property  of  to-day.  The  lumber 
for  this  ho  ise  was  sawed  with  a  whip-saw  by  Fielding  Lard,  and  brought 
from  the  Puio-v.s  redwoods  in  San  Mateo  county.  About  the  same  time,  or  imme- 
diately after,  like  structures  were  erected  by  Lard,  Scott,  and  Haun;  there 
are  only  remaining  of  these,  the  pi-emises  known  as  the  Widney  Block. 

In  the  Fall  of  1850,  a  building,  which  stood  to  the  w^est  of  the  Mission 
church,  on  Liberty  street,  and  long  known  as  the  "little  brick  school-house," 
was  erected  by  subscription  as  a  place  of  worship  for  the  use  of  all  denomi- 
nations without  distinction,  but  it  was  not  until  1852-3  that  the  first  regu- 
lar church  w^as  built,  and  then  by  the  Methodist  Episcopal  Body,  In  this 
same  year  the  Female  Seminary  was  constructed  to  the  west  of  Main  street, 
between  Liberty  and  Lexington  streets. 

West  of  the  church  mentioned  above  stood  the  Mission  corral,  and  inclosed 
a  tract  of  land  six  acres  in  extent.  Its  adobe  walls  were  from  ten  to  twelve 
feet  high,  and  four  feet  thick,  while  the  space  was  partitioned  off  into  divis- 
ions for  horses,  cattle,  sheep,  swine,  etc.  Some  of  the  adobe  bricks  were 
afterwards  utilized  in  the  building  of  the  church. 


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vSANTA   CLARA   TOWNSHIP.  545 

Though  the  year  184<8  had  left  the  little  town  deserted,  in  1840  many- 
new  faces  were  to  be  seen,  and  in  1850  Peleg  Rush  imported  twenty-three 
houses  from  Boston,  erected  them  in  ditierent  parts  of  the  village,  one  being 
opened  as  a  hotel,  and  soon  found  occupants  for  them.  Naturally  this 
move  added  greatly  to  its  appearance.  In  this  year  the  Union  Hotel  was 
built  by  Captain  Auser,  and  first  occupied  by  Appleton  &  Ainslie. 

In  concluding  the  early  history  of  Santa  Clara  let  us  reproduce  the  impres- 
sions of  a  visitor  in  1850: — 

In  the  Spring  of  1850,  the  town  site  had  been  surveyed  out  into  lots  of 
one  hundred  yards  square,  and  each  citizen  had  taken  a  lot  with  the  under- 
standing that  he  was  to  improve  it  by  building  a  house  on  it,  or  fencing  it  in; 
if  that  was  not  done  within  three  months,  the  lot  could  be  taken  by  another. 
Santa  Clara  was  a  quiet  place,  undisturbed  by  the  excitements  incident  to 
other  localities  in  California.  The  inhabitants  were  mostly  engaged  in  build- 
ing houses,  or  otherwise  improving  their  lots,  or  playing  billiards,  or  gam- 
bling, or  in  looking  on  at  others  in  these  occupations. 

The  Spanish  language  was  in  use  about  as  much  as  English,  and  there 
were  comparatively  few  persons  who  knew  both  languages.  Now,  all  who 
were  children  of  Spanish  descent,  and  some  of  American,  can  speak  both  lan- 
guages. There  was  another  tongue,  which,  if  it  is  not  now,  soon  will  be  a 
dead  language,  as  dead  as  that  of  Eliot's  Bible,  the  guttural  sound  of  which 
was  often  heard.  The  Indians  were  more  numerous  than  at  present.  They 
had  rancherias  in  what  is  now  Mr.  Trenouth's  place,  Martin  Murphy's  ranch, 
near  Alviso,  and  other  places.  They  busied  themselves  after  the  manner  of 
the  noble  red  man  of  to-day,  walking  about  picking  up  all  the  spoiled  pro- 
visions, oftal  or  cast-off  clothing  they  could  find  in  the  street. 

The  Alameda  at  that  time  was  in  all  its  glory.  One  would  not  see  the 
stately  mansions  and  trim  cottages,  the  shrubbery  and  flowers,  and  green 
lawns  of  the  present  day,  but  the  rows  of  willows  and  cottonwoods  stretched 
with  unbroken  ranks  from  the  Mission  to  the  pueblo.  The  land  was  moister 
than  now,  trees  seemed  to  grow  more  luxuriantly,  and  the  road-master,  if 
there  was  such  an  official  in  tho.se  days,  was  not  posses.sed  of  a  pruning  devil. 
One  could  pass  over  the  whole  length  of  the  Alameda  and  often  not  meet  a 
single  person.  Traveling  was  mostly  done  on  horseback;  sometimes  in  farm 
w^agons  that  had  made  the  journey  across  the  plains.  Buggies  or  spring 
wagons  were  rarely  seen.  The  stage  running  between  San  Jose  and  San 
Francisco,  passed  through  the  place  each  way,  daily,  fare  sixteen  dollars.  I 
should  not  omit  to  mention  a  style  of  carriage  that  we  saw  at  times  on  the 
road.  This  was  the  careta,  with  its  solid  wooden  wheels,  creaking  loudly^ 
drawn  by  a  pair  of  oxen,  with  the  yoke  lashed  to  their  horns  with  thongs  of 
raw-hide,  the  driver  on  horseback,  and  an  improvised  top  or  cover  beneath 
which  might  be  seen  the  gay-colored  silk  dresses  of  the  occupants,  which 
35 


546  HISTORY    OF   SANTA    CLARA    COUNTY,    CALIFORNIA. 

contrasted  so  oddly  with  the  rudeness  of  the  vehicle.  This  was  the  turnout 
of  some  neighboring  ranchero  on  a  visit  to  the  pueblo  with  his  family.  These 
folks  have  since  sold  their  lands  and  bought  carriages.  One  can  but  deplore 
the  fate  of  these  simple-hearted,  hospitable  people,  forced  to  retire  before  the 
advance  of  a  more  enterprising  race.  The  days  before  the  discovery  of  gold 
must  seem  to  them  to  be  the  golden  age  of  California. 

It  will  be  remembered  that  the  Summer  and  Autumn  of  1850  were  noted 
for  the  prevalence  of  the  cholera  in  California.  But  I  have  heard  of  no 
deaths,  from  this  disease,  among  the  Americans  in  Santa  Clara;  there  were  a 
few  fatal  cases  in  the  Spanish  population.  A  service  was  held  in  the  church 
to  ward  off  the  cholera.  Life  and  property  were  considered  pretty  .secure  in 
the  comparative  absence  of  officers  of  the  law.  I  should  except,  however, 
property  in  the  shape  of  horses.  These  were  frequently  stolen;  a  band  of 
horse-thieves  appeared  t©  be  operating  in  this  vicinity.  The  following  year 
I  happened  to  be  in  the  street  in  San  Francisco,  when  George  Stuart  was  led 
out  by  the  Vigilance  Committee  and  hanged,  and  I  thought  I  recognized  in 
him  a  man  I  had  seen  in  Santa  Clara;  I  was  not  certain  of  it,  for,  as  our  Ex- 
Congressman  would  put  it,  "  1  had  not  the  honor  of  his  acquaintance." 

There  was  no  Protestant  Church  building,  or  organized  church  in  town, 
but  the  Rev.  Billy  Higgins  used  to  preach  occasionall3^  The  Catholic  Priest 
was  called  Padre  Real.  I  heard  him  highly  spoken  of  as  one  who  did  much 
for  the  amusement  of  his  people.  I  have  heard  that  he  since  went  to  Mexico 
and  was  killed  there. 

The  12th  of  August,  being  the  feast-day  of  the  Patron  Saint  of  the  Mission, 
it  was  celebrated  in  great  style.  Under  the  superintendence  of  the  priest,  a 
portion  of  the  plaza,  adjoining  the  church,  was  inclosed  by  a  strong  fence, 
and  seats  for  the  ladies  were  put  up  under  the  projecting  roof  of  a  house  that 
now  forms  part  of  the  college  buildings,  and  a  series  of  bull-fights  was 
inaugurated.  One  of  the  ladies  "  assisted"  literally  in  the  spectacle.  She  got 
over  the  fence,  w^alked  into  the  middle  of  the  corral  and  waved  a  red  shawl. 
When  the  bull,  which  was  walking  about,  apparently  meditating  some  plan 
to  get  even  with  his  tormentors,  caught  sight  of  the  bright  color,  he  made  a 
rush  for  her,  then  a  man  stepped  in  between  and  succeeded  in  diverting  his 
attention,  and  the  lady  withdrew  amid  great  applause.  In  the  evening 
there  were  balls  at  several  houses.  These  festivities  were  kept  up  for  two  or 
three  days.  Nowadays,  I  am  told,  Santa  Clara's  day  is  allowed  to  pass  by 
without  any  notice  being  taken  of  it. 

In  September  the  election  took  place,  and,  previously,  the  several  candi- 
dates visited  Santa  Clara  and  made  speeches,  soliciting  the  votes  of  its  citi- 
zens. The  Democrats  held  a  convention  in  San  Jos^,  and  nominated  a  ticket. 
The  opposing  ticket  was  composed  of  gentlemen  who  nominated  themselves. 
The  latter  was  successful.     George  B.  Tingley,  Thomas  Bodley,  and  A.  C. 


SANTA    CLARA    TOWNSHIP.  547 

Campbell  were  elected  to  the  Legislature.  Those  three  gentlemen,  then  in 
manhood's  early  prime,  are  now  all  duad.  Of  the  foreigners  residing  in  Santa 
Clara  in  1850,  and  now  living,  I  remember  Mr.  Forbes,  the  liistorian  of  Cal- 
ifornia, Dr.  Warburton  and  Charley  Parr,  Charles  Clayton,  who  kept  the 
principal  store  at  the  place  where  Habich  &  Company  keep  now,  A.  Madan, 
Wm.  Fosgate,  Moses  Davis,  and  O.  G.  McLeran,  who  were  working  9,t  the 
carpenter's  trade.  Miss  Otterson,  Hiram  Shartzer  and  G.  W.  Moody.  Martin 
Murphy,  Tames  Enright  and  Judge  Senter  were  living  in  the  vicinity 
on  the  farms  they  now  occupy.  Captain  Ham  was  running  a  boat 
on  the  bay  between  San  Francisco  and  Alviso.  These  are  the  names  of  all  I 
recall  jusf  now.  When  I  reflect  on  the  number  who  have  "joined  the  innu- 
merable caravan,"  then  it  is  brought  home  to  my  mind,  more  than  any  other 
time,  that  1850  was  not  a  few  years  ago. 

Santa  Clara  College. — Santa  Clara  College  is  situated  in  the  town  of  Santa 
Clara,  which  is  justly  celebrated  for  the  beauty  of  its  surrounding  scenery, 
and  the  mildness  and  salubrity  of  its  climate.  The  Southern  Pacific  and  the 
South  Pacific  Coast  railroads  pass  through  the  town. 

The  old  Mission  church  stands  near  the  entrance  of  the  colleoje.  It  is  one 
hundred  and  ninety-eight  feet  long  and  forty-four  feet  wide,  and  is  used  as 
the  parish  church.  Its  front  is  of  modern  architecture,  but  the  interior  has 
been  preserved  very  nearly  in  its  primitive  state,  wath  "  Indian  frescoes,"  and 
old  Mexican  wooden  carvings.  On  the  square  in  front  of  the  church  rises 
the  original  wooden  cross,  thirty-two  feet  high,  which  was  erected  by  the 
Indians  at  the  first  settlement  of  the  Mission. 

The  entrance  to  the  college  is  through  a  three-story  building  of  one 
hundred  and  ninety-eight  by  forty  feet,  which  has  a  central  fourth  story, 
and  contains  a  suite  of  seven  parlors,  the  residence  of  the  Faculty,  the 
branch  library  of  the  Professors,  the  Training  and  Normal  School  of  the 
society,  and  the  pastor's  office.  The  entrance  hall  opens  on  an  interior 
garden  of  two  hundred  by  one  hundred  and  thirty-five  feet,  surrounded 
by  long  veran(,las  and  crossed  by  arbors  of  grape-vines,  among  which  giow 
exotic  plants  and  flowers,  fig,  lemon,  and  orange  trees,  and  very  large  palm 
trees.  A  fish-pond  and  jet-d'eau  ornament  the  center.  In  the  adjoining 
vineyard  are  seen  olive  trees  planted  in  the  year  1805,  and  a  rotunda  con- 
taining a  life-sized  statue  of  St.  Joseph, 

The  college  is  conducted  by  the  Fathers  of  the  Society  of  Jesus.  They  are 
the  successors  of  the  Franciscan  Fathers,  the  pioneers  of  civilization  on  this 
coast,  who,  as  early  as  1777,  founded  the  Mission  of  Santa  Clara,  and  labored 
zealously  to  elevate  the  moral  character,  and  develop  the  material  prosperity 
of  the  inhabitants.  On  the  19th  of  March,  1851,  Santa  Clara  Collecje  was 
established  in  the  old  Mission  buildings  for  the  purpose  of  affording  to  all 
who  might  desire  it,  the  means  of  obtaining  a  liberal  and  Christian  educa- 


548  HISTORY    OF   SANTA   CLARA    COUNTY,    CALIFORNIA. 

tion.  On  the  28th  of  April,  1855,  it  was  chartered  with  all  the  rights  and 
privileges  of  a  university.  Since  that  period  the  career  of  Santa  Clara  Col- 
lege has  been  one  of  success.  Her  sons  are  to-day  of  honor  and  use  to  their 
State,  in  law,  in  medicine,  in  music,  and  in  business.  Several  of  her  gradu- 
ates have  held  seats  in  the  Houses  of  the  Legislature.  Her  position  to  day 
is  that  of  the  first  educational  establishment  on  the  Pacific  coast.  Her  stafi" 
of  professors  and  tutors  numbers  twenty -six.  She  has  two  professors  of 
chemist}'y,  who  daily  use  a  completely  furnished  laboratory;  a  professor  of 
physics,  who  has  at  his  command  the  largest  cabinet  of  apparatus  possessed 
by  any  college  in  the  United  States;  telegraphy  is  taught  with  the  aid  of 
four  instruments  at  different  stations  in  the  different  houses,  which  stand 
upon  ten  acres  of  ground.  Photography  is  taught  in  a  building  erected 
exclusively  for  the  purpose,  and  fully  supplied  with  apparatus.  Five  pro- 
fessors of  music  give  opjx)rtunity  of  making  acquaintance  with  every  musical 
instrument  of  the  day.  Mathematics  are  taught  from  arithmetic  to  calcu- 
lus. A  professor  of  English  literature  lectures  five  times  a  week.  Greek 
and  Latin  classics  employ  five  teachers ;  and  the  modern  languages  are  taught 
each  by  a  native  of  the  tongue  in  which  he  instructs.  The  religious  cere- 
monies are  the  Catholic,  but  students  of  any  denomination  are  received,  and 
trouble  has  never  been  experienced  from  the  usage.  Students  are  not  allowed 
to  board  without  the  college  precincts.  An  excellent  table  is  set  at  refectory 
commons,  and  there  are  two  common  dormitories  besides  the  chambers  for  the 
seniors.  Thus  with  most  complete  and  appropriate  accommodation  in  every 
department,  and  a  full  staff"  of  professors,  this  institution  presents  uncommon 
advantages  for  the  moral,  mental  and  physical  training  of  young  men  and 
boys. 

The  scholastic  year  consists  of  but  one  session.  It  commences  at  the  begin- 
ning of  Augu.st  and  ends  at  the  beginning  of  June,  with  a  public  exhibition— 
either  literary  or  scientific — followed  by  the  conferring  of  Degrees  and  the 
distribution  of  premiums. 

A.  B.  The  degree  of  Bachelor  of  Arts  is  conferred  upon  those  only,  who 
on  completing  the  studies  of  Logic  and  Metaphysics,  Solid  Geometry,  Trigo- 
nometry, Conic  Sections  and  Surveying,  Elementary  Chemistry,  and  the 
treatises  of  the  first  year  of  Natural  Philosophy,  are  found,  after  due  exam- 
ination, sufficiently  qualified.  To  become  a  candidate  for  the  degree  of  A.  B., 
a  satisfactory  examination  is  previously  required  in  English  Rhetoric  and  the 
Latin  and  Greek  Classics. 

A,  M.  The  degree  of  Master  of  Arts  is  conferred  on  those  who,  having 
received  the  degree  of  A.  B.,  shall  have  passed  a  satisfactory  examination  in 
Moral  Philosophy,  Analytical  Geometry  and  Calculus,  Organic  and  Analyt- 
ical Chemistry,  and  the  ti-eatises  of  the  second  year  of  Natural  Philosophy. 


SANTA    CLARA    TOWNSHIP.  549 

S.  B.  <'>'"'l  S.  M.  The  conditions  for  obtaining  the  degrees  of  Bachelor,  and 
Master  of  Science  are  the  same  as  for  the  degrees  of  A.  B.  and  A.  M.,  raspec- 
tively,  with  the  exception  of  Latin  and  Greek. 

A  certificate  is  given  to  those  students  who,  after  having  completed  the 
studies  of  Grammar,  Arithmetic,  Orthography,  Elementary  Sciences,  Penman- 
ship, theoretical  and  practical  Book-keeping,  shall  have  passed  a  satisfactory 
examination. 

Faculty  and  Officers — Rev.  A.  Brunengo,  S.  J.,  President  and  Prefect  of 
Studies;  Rev.  Jos.  Caredda,  S.  J.,  Vice-President  and  Prefect  of  Classes; 
Rev.  E.  M.  Nattini,  S.  J.,  Secretary,  Professor  of  English,  Orthography, 
Telegraphy  and  Shorthand;  Rev.  G.  Mengarini,  S.  J.,  Treasurer;  Rev.  V. 
Testa,  S.  J.,  Assistant  Treasurer  and  Professor  of  French ;  Rev.  Lesfo-io,  S. 
J.,  Chaplain;  Rev.  A.  Tardella,  S.  J.,  Professor  of  Mental  and  Moral  Pliiloso- 
phy,  Latin  and  Greek;  Rev.  A.  Cichi,  S.  J.,  Professor  of  Natural  Philoso- 
phy, Chemistry,  Mineralogy,  etc;  Rev.  E.  J.  Young,  S.  J.,  Professor  of 
Rhetoric,  EnglLsh  Literature  and  Arithmetic;  Rev.  P.  Mans,  S,  J.,  Professor 
of  Poetry,  Mathematics,  German  and  Book-keeping;  Rev.  A.  Goetz,  S.  J., 
Professor  of  Spanish;  Mr.  J.  EglofFstein,  S.  J.,  Professor  of  Mathematics, 
German,  Latin  and  Greek;  Mr.  J.  Ricard,  S.  J.,  Professor  of  Mathematics 
and  French;  Mr.  J.  F.  Collins,  S.  J.,  Professor  of  English  Grammar,  Arith- 
metic, Orthography  and  Book-keeping ;  Mr.  V.  Kiappa,  S.  J.,  Professor  of 
Latin,  Greek  and  Italian;  Mr.  A.  Coltelli,  S.  J.,  Professor  of  Latin  and 
Greek;  Mr.  E.  Allen,  S.  J.,  Professor  of  English  Grammar,  Arithmetic  and 
Orthography;  Mr.  A.  SaufFrignon,  S.  M.,  Professor  of  Elementary  Sciences 
Ai-ithmetic  and  Book-keeping,  Director  of  the  Practical  Commercial  Depart- 
ment; Mr.  J.  A,  Waddell,  Professor  in  the  Preparatory  Department;  Mr.  B. 
Tortore,  S.  J.,  Professor  of  Drawing;  Mr.  J.  R.  Lawrie,  Professor  of  Piano; 
Mr.  J.  Manning,  Professor  of  Violin;  Mr.  M.  S.  Ylisaliturri,  Professor  of 
Brass  Instruments;  Mr.  L.  Fernandez,  Professor  of  Penmanship;  Dr.  H.  H. 
Warburton,  Attending  Physician ;  Mr.  J.  Boggio,  S.  J.,  Infirmarian. 

Graduates  of  Santa  Clara  Colleofe,  from  1857  to  1880: — 

A.  B.  1857. Thos.  Bergin;  1858,  J.  M.  Burnett;  1859,  A.  Splivalo ;  1860, 
G.  Keane;  18G1.  R.  Prevo.st;  18G2,  M.  Delmas;  1864-,  W.  C.  Kennedy,  S. 
Inge;  1866,  S.  Ayon ;  1869,  W.  B.  Murphy;  1870,  C.  Wilcox;  1871,  Jas. 
Campbell,  J.  T.  Malone;  1872,  M.  J.  Walsh;  1874,  W.  P.  Veuve;  1875,  W* 
T.  Gray,  T.  F.  Morrison;  1876,  R.  Soto,  Jas.  T.  Walsh;  1878,  Jas.  F.  Smith, 
E.  W.  McNally,  Chas.  W.  Quilty;  1879,  R.  B.  Brenham. 

A.  M.  1859,  J.  M.  Burnett;  1860,  A.  Splivalo;  1863,  M.  Delmas;  1865, 
Thos.  Bergin;  1867,  S.  Ayon;  1871,  Chas.  Wilcox;  1872,  Jas.  Campbell, 
J.  T.  Malone;  1873,  M.  J.  Walsh;  1878,  E.  W.  McNally,  Jas.  F.  Smith. 

S.  B.     1859,  A.  Burnett;  1862,  B.  D.  Murphy,  R.  Keating,  Jas.  Breen; 


550  HISTORY    OF   SANTA   CLARA    COUNTY,    CALIFORNIA. 

1864,  D.  Nealon  ;  1865,  F.  C.  Agiiilar  ;  1867,  L.  Sage,  Jos.  Wiley  ;  1868,  G.  0. 
Sedgley,  W.  B.  Murphy,  A.  Schweib;  1870,  Palmer  Seamans;  1871,  Jas.  Camp- 
bell, S.  M.  White ;  1872,  J.  M.  Chretien,  A.  F.  Sauffrignon;  J.  C.  Johnson, 
D.  G.  Sullivan,  M.  J.  Wash,  M.  Wilson,  Jos.  McQuade;  1873,  A.  O.  Arguello, 
J.  L.  Carrigan,  F.  McCusker,  K  Del  Valle ;  1874,  A.  L.  Veuve,  H.  B.  Pey- 
ton, W.  S.  Hereford,  J.  Burling,  L.  M.  Pinard ;  1875,  N.  F.  Brisae,  Cha.s. 
Ebner;  1876,  J.  Hudner,  B.  Brisae,  Jas.  Hermann,  Jos.  A.  Machado;  1877, 
Robt.  Brenham,  W.  S.  Davis,  J.  S.  Franklin,  L.  J.  Harrison,  V.  S.  McCIatchy, 
Ed.  W.  McNally,  Orestes  J.  Orena,  L.  T.  J.  Palmer,  Jno.  W.  Ryland,  Jas.  F. 
Smith,  Geo.  A.  Young ;  1878,  Homer  Spencer,  F.  A.  Harrison,  Jos.  Cavag- 
naro,  Dan.  Thornton,  Wra.  Killip,  Jno.  L.  Foster;  1879,  Chas.  R.  Barry,  F. 
H.  McNally,  D.  J.  Mahoney,  Geo  W.  Seifert,  John  E.  Auzerais. 

8.  M.     1879,  A.  F.  Sauffrignon,  Jas.  E.  Enright,  J.  F.  Cavagnaro. 

Nobili  Medal— 1876,  Jas.  Franklin;  1877,  Jas.  W.  Enright;  1878,  Jos. 
Cavagnaro;  1879,  Anselmo  Volio. 

Commercial  Certificate  — 1878,  Frank  Galindo,  Chas.  Hagan,  Jno.  E. 
Auzerais,  Didier  Gagnon ;  1879,  Jas.  I.  Santon,  Jas.  W.  Enright,  Martin  F. 
Hauck,  Frank  Drum,  Henry  Farmer. 

Santa  Clara  Feed  Mill. — Where  this  establishment  stands  their  originally 
was  a  grist  mill,  the  property  of  Ernest  Kramer,  which  was  burned  about 
three  years  ago  (1878).  Near  its  site  was  constructed  the  present  mill.  It 
is  of  brick,  covers  an  area  of  sixty  by  forty -nine  feet  and  is  owned  by  August 
Habich,  but  rented  to  F.  E.  Farmer.  It  was  built  in  1879,  and  has  a  daily 
capacity  of  ten  tons. 

Pacific  Manufacturing  Company. — Situated  at  the  corner  of  Bellamy 
and  Union  avenues,  in  the  tow^n  of  Santa  Clara.  It  was  originally  known 
as  the  Enterprise  Mill  and  Lumber  Company,  but  was  re-organized  Septem- 
ber 1,  1880,  as  above.  It  is  a  joint-stock  concern,  James  P.  Pierce  being  the 
President;  T.  J.  Shannon,  Supeiintendent;  and  Directors,  J.  P.  Pierce,  T.  J- 
Shannon,  M.  Nelson,  John  Finley,  Jesse  Nelson,  Wm.  H.  Brown.  The  busi- 
ness carried  on  is  chiefly  the  manufacture  of  cofSns  and  lumber  of  every 
description,  to  the  value  of  about  .seventy-five  thousand  dollars  per  annum. 
The  premises  consist  of  a  building  three  hundred  feet  long  by  sixty  wide, 
two  stories  high;  two  hundred  feet  of  this  is  of  brick,  and  the  balance  frame 
The  establishment  is  supplied  with  all  the  requisite  machinery  driven  by  a 
fifty  horse-power  engine.  As  a  coffin  emporium  this  is  one  of  the  most  com- 
plete in  the  United  States.     The  officers  for  the  year  are  the  same  as  above. 

Santa  Clara  Tannery. — This  enterprise  was  originally  started  in  1849, 
where  the  present  establishment  stands  by  L.  Wampach,  and  was,  with  the 
single  exception  of  one  started  by  G.  W.  Bellamy,  originally  constructed  in 


SANTA    CLARA    TOWNSMH'.  551 

a  very  primitive  fashion,  among  the  first  in  the  State.  He  conducted  it  until 
1854,  when  it  was  bought  by  Messing  &  Dixon.  F.  (1  Frank  was  then 
admitted  a  partner;  shortly  after  Dixon  sold  out  to  Mr.  Glein,  when  it  was 
conducted  by  Messing,  Glein  lV:  Frank,  and  ultimately  pas.sed  into  the  hands 
of  Glein  alone.  In  1860  the  firm  became  Glein  &  Albert  who  were  the  pro- 
pi'ietors  until  1864<,  when  it  reverted  to  Glein  until  18G6,  and  then  was 
purchased  by  its  present  owner,  Jacob  Eberhard.  Hk;  capacity  has  been 
increased  ten-fold  in  his  occupancy ;  when  be  took  charge  there  were  not  half 
a  dozen  men  at  work;  to-day  there  are  upwards  of  sixty.  The  premi.ses  are 
built  on  a  block  and  a  half  of  land  and  consist  of  beam  house,  curing  room, 
etc.,  with  one  hundred  and  twenty  vats.  A  sale  is  found  for  the  very  superior 
leather  here  manufactured  all  over  the  United  States,  Mexico,  Sandwich 
Islands,  China  and  Japan.  The  tannery  is  fitted  with  new  machinery  and 
driven  by  a  fifty  horse-power  engine.  The  business  done  aggregates  about 
twenty-five  thousand  dollars  per  month. 

Santa  Clara  City  Flouring  Mills. — Were  first  started  as  a  joint-stock 
company  under  the  name  of  the  Santa  Clara  Flouring  Mills  in  the  Fall  of 
1852,  under  the  management  of  Charles  Clayton,  he  being  al.so  Treasurer,  and 
Samuel  J.  Johnson,  Secretary.  It  was  thus  continued  for  about  twelve 
months  when  it  was  sold  to  a  new  company,  which  was  organized  out  of  the 
former  one.  Afterwards  the  mills  got  into  the  hands  of  Charles  Clayton 
alone ;  and  was  finally  sold  to  French  &  Baker  in  1879.  Subsequently  it 
was  acquired  by  Madan  &  Pitkins,  who,  in  1880,  disposed  of  it  to  the  com- 
pany  that  are  its  present  owners.     The  President  is  C.  A.  Pitkins; 

Baker,  Superintendent.  The  corporation  has  a  capital  stock  of  twenty-five 
thousand  dollars. 

Santa  Clara  Brevjery.—ls,  situated  at  the  corner  of  Benton  and  Alviso 
streets  in  the  town  of  Santa  Clai'a,  and  was  built  in  186*i  by  Herman  Leibe. 
He  conducted  it  until  his  death  when  it  passed  into  the  hands  of  his  widow, 
and  in  1878,  it  was  purchased  by  Charles  Lauck,  who  has  conducted  it  ever 
since.  It  occupies  about  a  block  of  land,  while  the  premises  consist  of  a 
brewery,  malt  room,  etc.  The  average  out-turn  is  in  the  vicinity  of  two 
thousand  barrels  a  year. 

The  Davles  Machine  Shop. — Proprietor,  E.  H.  Davies.  This  business  was 
established  in  1855  on  Main  street,  near  Benton,  where  it  remained  fourteen 
years.  In  the  Fall  of  18G7,  the  present  premises  were  erected  at  the  corner 
of  Jackson  and  Liberty  streets.  The  building  is  three  stories  in  height  and 
forty  by  sixty-six  feet  in  dimensions.  Here  is  carried  on  a  considerable 
repairing  and  manufacturing  business,  principally  agricultural  machinery. 
Mr.  Davies  is  just  starting  the  manufacturing  of  lumber  from  ornamental 
trees,  such  as  the  locust,  eucalyptus,  etc. 


552  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

The  Bank  of  Santa  Clara  County. — Is  situated  on  Franklin  street,  near 
Washington,  and  was  incorporated  May  30,  1875,  with  an  authorized  cap- 
ital of  three  hundred  thousand  dollars.  The  present  officers  are:  J.  P.  Pierce, 
President;  H.  M.  Leonard,  Vice-President  and  Manager;  C.  C  Hay  ward, 
Cashier  and  Secretary. 

Santa  Clara  Verein. — Was  established  in  April,  18G8,  with  the  following 
Charter  Members:  C.  W.  Werner,  F.  C.  Franck,  Jacob  Eberhard,  C.  Leibe, 
John  Hetty,  August  Habich,  Leopold  Hart,  William  Gabriel,  August  Gabriel, 
Henry  Albert,  Henry  Uhrbroock.  The  first  officers  were:  Jacob  Eberhard, 
President;  C.  Leibe,  Vice-President;  A.  Habich,  Secretary;  C.  W.  Werner, 
Treasurer.  The  membership  at  present  is  forty-five.  Their  hall,  a  neat 
structure,  is  frescoed  and  tastefully  ornamented,  and  is  sixty  by  thirty-four 
feet,  with  a  commodious  stage  at  one  end.  The  present  officers  are-  August 
Habich,  President;  H.  Metzler,  Vice-President;  C.  W.  Werner,  Secretary; 
Julius  Brieth,  Treasurer;  Librarian,  W.  Klein;  Steward,  Franz  Emig ; 
Trustees,  Jacob  Eberhard,  John  Hetty,  Charles  Welti.  The  Club  is  divided 
into  a  Turn- Verein  for  gymnastic  exercises,  as  well  as  for  dramatic  and 
musical  affairs.  The  building  was  entirely  built  by  private  subscription  of 
its  members. 

"  Meridian." — This  neat  little  wayside  resort  was  first  established  in  the 
year  1872,  by  a  man  nam.ed  Shirley,  who  was  succeeded  by  another  named 
Sullivan.  In  1879,  he  sold  it  to  B.  C.  Shartzer,  who  at  present  conducts  it. 
The  wayfarer  will  find  this  neat  place  replete  with  every  convenience  for 
the  accommodation  of  man  and  horse,  while  the  pedestrian  can  take  it  in 
his  daily  walk,  it  being  but  two  miles  and  a  half  from  the  town  of  Santa 
Clara. 


BIOGRAPHICAL. 


>2— ^ 


J&— > 


^^ 


ALMADEN   TOWNSHIP. 


Boanerges  R.  Bailey.  Born  in  Robertson  county,  Tennessee,  May  4, 
1827,  where  he  was  educated,  reared  a  farmer,  and  resided  for  the  first  twen- 
ty-one years  of  his  life  when  he  started  for  CaUfornia.  The  journey  was 
commenced  with  a  mule-team,  but  this  he  left  before  reaching  Salt  Lakci 
making  the  balance  of  the  journey  with  oxen.  In  the  month  of  September, 
1850,  he  arrived  in  Nevada  county,  and  passed  that  Winter  at  the  Rough 
and  Ready  mines,  having  fair  success  ;  in  the  Spring  he  moved  to  Poorman's 
creek  on  the  South  Yuba  and  at  the  end  of  six  months  set  out  on  a  prospect- 
ing tour.  After  visiting  Sonora  and  Vallicita,  in  Tuolumne  and  Calaveras 
counties,  he  came  to  Santa  Clara  county  and  settled  at  Mountain  View,  on 
the  farm  now  owned  by  his  brother,  D.  B.  Bailey.  In  1857  he  proceeded  to 
Tulare  county,  where  he  was  engaged  in  stock-raising  until  1864,  when  he 
settled  in  Almaden  township  on  his  present  ranch  of  eight  hundred  and 
seventy-three  acres.  Married  at  Mountain  View,  in  1855,  Ellen  Sparks,  by 
whom  he  has  had  a  family  of  nine  children.  Two  of  these  are  dead,  those 
living  are:  Frederick,  born  December  19,  1858,  in  Tulare  county;  Nan- 
nie, born  April  30,  lSGl,in  Tulare  county;  Stonewall,  born,  September  5, 
1863,  in  Tulare  county;  Lulu,  born  December  23,  1868,  in  Santa  Clara 
county;  James  and  Wesley  (twins),  born  September  17,  1871,  in  Santa 
Clara  county;  Bowling,  born  May  26.  1875,  in  Santa  Clara  county. 

Lewis  C.  Casey.  Bom  in  Holmes  county,  Ohio,  April  1, 1816,  and  there 
w^as  educated.  When  four-and-twenty  years  of  age  he  transferred  his  resi- 
dence to  Lee  county,  Iowa,  where  he  engaged  in  farming  for  ten  years ; 
thence  he  crossed  the  plains  with  ox-teams  to, California,  arriving  in  Novem- 
ber, 1849.  The  first  year  Mr.  Casey  mined  at  Long's  Bar  on  Feather  river, 
Butte  county ;  then  he  removed  to  Sacramento  City  where  he  was  variously 
employed  for  three  months;  he  next  went  down  the  Sacramento  river  to 
Walnut  Grove  and  farmed  for  two  years,  when,  exchanging  his  ranch  for  a 
cargo  of  wood,  he  proceeded  to  San  Francisco  to  find  a  market,  it  was  dis- 
posed of  as  it  was  landed;  in  a  short  time  enough  was  realized  to  purchase 
the  eighty -five  acre  farm  on  which  he  now  resides  in  Almaden  township.  Is 
unmarried. 

Thomas  Fitzgerald.  Boin  in  Canada,  February  2,  1839.  In  1853  he 
came  to  California,    and  direct  to  Santa  Clara  county,  first  settling  near 


556  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

Gilroy.  Not  long  after  he  went  to  the  redwoods  near  there,  where  he 
remained  seven  years.  Afterwards  he  located  at  the  Fifteen-mile  House, 
Burnett  township,  and  in  1SG6  returned  to  Gilroy.  In  1870  he  entered  upon 
his  residence  in  Almaden  township  where  he  owns  eight  hundred  and  eighty- 
five  acres  of  land,  has  a  dairying  business  ard  milks  about  thirty  cows. 
Married  at  Gilroy,  in  1872,  Mary  Ann  CuUen,  Yy  whom  he  has  three  children: 
Walter  G.,  born  August  30,  1873;  John  P.,  born  April  18,  1875;  Ellen,  born 
June  3,  1879. 

John  Jeffries  {Deceased).  Was  born  in  London,  England,  January  1, 
1814;  served  seven  years  at  the  trade  of  dyeing;  in  the  year  1835  emigrated 
to  the  United  States  ;  worked  at  his  trade  in  New  York  one  year,  but  find- 
ing ver}'^  poor  pay  joined  a  party  of  stone-cutters  engaged  to  build  the  locks 
on  the  canal  at  Fort  Wayne,  Indiana,  but  after  enduring  fever  and  ague, 
and  swindling  contractors  for  nearly  a  year,  pulled  up  stakes  and  next  found 
himself  in  Louisiana,  in  the  employment  of  United  States  Surveyors.  This 
he  soon  left.  He  then  went  to  Natchez,  Mississippi.  Here  he  carried  on  the 
manufacture  of  cigars  in  partnership  with  Mr.  Bryant  for  about  five  years. 
The  great  tornado  in  that  place  destroyed  his  place  of  business,  burying  him 
under  the  ruins,  from  which  he  barely  escaped  with  his  life.  He  then  went 
to  Boston,  Massachusetts.  Stayed  one  year,  but  not  liking  the  cold  weather, 
went  to  Florida,  where  he  was  variously  employed  till  1846,  when  he  left  for 
St.  Louis,  Missouri.  He  there  started  business  at  his  old  trade  of  dyeing; 
continued  at  that  till  early  in  1849,  and  then  lelt  for  California,  crossing  the 
plains  with  ox-teams,  and  arrived  at  Santa  Clara  in  the  rainy  season ;  tried 
gardening  on  the  Stockton  ranch  in  partnership  with  a  Mr.  Dickson,  .since 
deceased;  was  with  Charles  Clayton  in  a  store  for  a  short  time;  started  a 
farm  near  where  the  town  of  Saratoga  now  stands,  where  he  was  doing 
pretty  well  till  driven  of  by  the  stock-men.  He  then  came  to  the  farm  now 
owned  by  his  brother,  James  Jeffries,  containing  one  hundred  and  nineteen 
acres.     John  Jeffries  died  November  21,  1880. 

James  Jeffries.  The  subject  of  this  sketch,  brother  of  the  above  John  Jef- 
fries, is  also  a  native  of  London,  England,  where  he  was  born  January  29,  1810. 
In  1835  he  came  to  the  United  States;  was  engaged  in  the  wholesale  hard- 
ware store  of  G.  W.  Tyson  &  Co.,  of  Pearl  street,  New  York ;  after  the  great 
fire  went  to  Apalachicola,  Florida,  with  a  stock  of  goods;  remained  nearly  a 
year  and  returned  to  New  York.  From  there  he  went  to  Boston,  Massachu- 
setts; was  engaged  in  the  business  of  property-making  for  the  several  thea- 
ters thei'e  till  1872,  then  joined  his  brother  in  Almaden  township,  Santa 
Clara  county,  where  he  has  since  resided.  Married,  December  24,  1832, 
E.  Massham,  of  Kent,  England,  who  died  March  20,  1860;  has  one  daughter, 
born  in  1836,  now  living  in  Massachusetts. 


BIOGRAPHIES — ALMADEN    TOWNSHIP.  5.')7 

Major  Lewis  F.  Parker.  Was  born  in  Highland  county,  Ohio,  March 
20, 18:^4.  When  young  hu  was  taken  by  his  parents  to  Imhana,  whence,  after 
a  short  residence,  they  moved  to  Fulton  county,  Illinois,  where  he  lived  until 
he  attained  the  age  of  sixteen  years.  He  then  proceeded  to  Hendricks 
county,  Indiana,  and  there  received  his  education.  Major  Parker  next 
moved  to  LaPorte  county,  and  there  resided  until  he  started  for  California- 
September  1,  T850,  ho  arrived  in  the  Golden  State,  after  having  crossed  the 
plains  with  pack-nuiles,  and  went  to  Georgetown,  El  Dorado  county,  where 
he  remained  but  a  short  time  ;  thence  he  removed  to  Horse-shoe  Bend,  on 
the  middle  fork  of  the  American  river,  and  commenced  mining.  The.se  ope- 
rations he  continued  for  a  year,  when  he  transferred  his  location  to  Spani.sh 
Flat,  in  the  same  county,  where  he  mined  and  kept  a  boarding-house  until 
1856.  In  this  year  he  arrived  in  Santa  Clara  county,  came  direct  to  Alma- 
den  town.ship,  and  settled  on  the  ranch  of  three  hundred  and  twenty  acres 
which  he  now  occupies,  where  he  has  a  picturesquely  situated  and  commodious 
residence,  nestling  at  the  mouth  of  a  miniature  canon  in  the  western  foot- 
hills. Mr.  Lewis  has  served  for  eight  years  as  Deputy  Assessor,  under  D.  M- 
Harwood  and  W.  0.  Barker.  January  28,  1865,  was  appointed  Captain  of 
Company  K,  First  Cavalry,  Second  Brigade,  California  Militia,  and  served 
as  such  until  November  1,  18G7;  when  he  was  promoted  to  be  junior  Major 
of  his  Regiment,  with  rank  from  that  date.  He  married  in  LaPorte  county, 
Indiana,  December  23,  1847,  Julia  Keith,  who  came  to  California  in  1852, 
and  has  an  only  child,  Elizabath  Nancy,  born  October  19,  1853. 

Charles  Parr.  Born  in  England,  May  5,  1827.  Emigrating  to  the 
United  States  as  long  ago  as  the  year  1842,  the  first  Winter  he  passed  in 
St.  Louis,  Mis.souri,  where  death  deprived  him  of  his  mother.  In  the  follow- 
ing Spring  he  took  up  his  abode  in  Lee  county,  Iowa,  and  there  engaged  in 
farming  until  1846,  in  which  year  he  started  to  ci'oss  the  plains  to 
the  Pacific  slope,  with  a  company  of  forty-one  wagons,  his  father  Joe 
Parr  and  family,  Jonathan  Parr  and  family,  now  deceased,  (whose  por- 
trait will  be  found  in  this  work,)  and  a  family  named  Booth,  relatives  of  our 
subject,  who  now  live  in  Victoria,  B.  C.  All  went  well  until  the  Platte 
river,  in  the  Pawnee  country,  was  reached,  save  that  there  was  an  occasional 
stampede  of  their  cattle,  in  one  of  which  one  hundred  and  twenty-five  head 
were  lost.  In  trying  to  recover  the  stock  in  one  of  these  a  man  named 
Tremble  lost  his  life,  while  his  partner,  Harris,  was  lecaptured,  after  he  had 
been  stripped  of  his  clothing  and  was  about  to  receive  his  death-blow  from 
the  Indians.  This  was  done  by  the  Pawnee  tribe.  The  murdered  man  left 
a  widow  and  seven  children.  After  the  delay  of  a  day,  necessitated  by  the 
circumstance  above  related,  the  journey  was  continued,  while  those  who 
had  lost  a  larger  portion  than  others,  of  their  cattle,  retraced  their  s  teps  to 


558  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

Missouri.  When  Fort  Laramie  was  reached  the  party  moving  westward 
were  notified  by  the  Sioux  Indians  that  they  could  not  be  permitted  to 
travel  through  their  territory  unless  some  substantial  compensation  was 
forthcoming,  which  they  received,  and  the  party  were  allowed  to  continue 
their  advance.  When  Sweet  Water  was  reached,  the  company  suddenly  found 
themselves  surrounded  by  a  force  of  some  seven  hundred  redskins,  therefore 
they  collected  their  wagons  and  prepared  for  action.  For  a  time  affairs 
had  a  very  gloomy  appearance.  The  Indians  were  bold  and  rough,  in  many 
instances  pushing  their  way  through  to  the  wagons,  where  remained  in 
trembling  fear  the  women  and  children.  The  Chief  of  the  Tribe,  Smoky, 
was,  however,  notified  of  the  doings  of  his  warriors,  he  therefore  rode  in 
among  them,  scattering  them  right  and  left,  and  called  upon  them  to  desist. 
To  receive  a  command  from  such  a  source  was  to  obey.  The  Indians 
departed,  while  the  emigi-a.nts  were  permitted  to  proceed.  Mr.  Parr  thinks 
that  had  it  not  been  for  the  timely  interference  of  the  Chief,  there  would 
have  been  a  bloody  tragedy  enacted  at  the  place  called  Sweet  Water.  Before 
Fort  Hall  had  been  reached  the  party  was  divided,  one  portion  proceeding 
to  Oreofon,  the  other  to  California.  It  is  with  those  last  named  that  we 
have  to  deal.  Trials  now  commenced  to  accumulate.  Ere  Bear  river  had 
been  come  to  the  provisions  gave  out,  and  much  suffering  ensued ;  nor  were 
the  necessaries  of  life  obtained  in  anything  like  abundance  until  the  hospi- 
talities of  Sutter"s  Fort  were  opened  to  them.  Here  the}^  obtained  bread, 
and  encamped  on  the  American  river,  about  two  miles  from  the  fort.  Leav- 
ing the  banks  of  that  stream  they  made  their  way  to  Livermore,  Contra 
Costa  county,  when  our  subject  left  his  family,  and  came  to  the  town  of 
Santa  Clara,  where  he  was  joined  in  the  Spring  of  1847  by  his  relatives — all, 
save  his  father,  who  had  died  at  Livermore,  from  the  unskillful  treatment  of  a 
broken  leg.  Mr.  Parr  was  first  employed  by  James  Alexander  Forbes ;  and  for 
Dennis  Marten,  worked  in  the  redwoods,  while  in  the  Spring  of  1847  he  went 
to  Bear  river,  and  witnessed  the  remains  of  the  Donner  party.  Here  he 
joined  the  party  that  went  up  the  American  river  to  procure  lumber  to  con- 
struct the  now  historically  famous  "  Sutter's  Mill."  At  the  end  of  three 
months  he  proceeded  to  San  Francisco;  thence  he  found  his  way  back  to 
Santa  Clara.  In  1848  he  was  employed  in  the  New  Almaden  Quicksilver 
mines.  In  the  latter  part  of  that  year  he  made  a  journey  to  the  Mokel- 
umne  river,  and  Calaveras  and  Tuolumne  counties,  where  he  engaged  in 
mining,  an  occupation  he  continued  at  intervals  for  the  two  succeeding 
years,  and  finally  returned  to  this  county.  On  his  return  he  opened  a 
public  house  in  Santa  Clara,  in  partnership  with  Dr.  Warburton,  for  one 
year;  he  then  built  a  like  establishment,  which  he  conducted  for  six  months, 
when  he  engaged  in  blacksmithing.  In  1854  he  embarked  in  stock-raising 
on  the  Coast  Range,  which  he  abandoned  in  the  following  year  on  account 


BIOGRAPHIES — ALMADEN    TOWNSHIP.  559 

of  ill-health;  then,  returning  to  Santa  Clara,  he  there  resided  until  1802, 
in  the  Fall  of  which  year  he  removed  to  the  stock-raising  farm  he  now 
occupies,  which  comprises  twelve  hundred  acres,  his  own  property.  Married, 
April,  18r)4,  T.  Garcia.  The  following  are  his  children  by  this  union:  Joseph 
E.,  born  1855;  Prudence,  born  1858;  Teresa,  born  ISGO;  Simpson  N.,  born 
1862;  Charles,  born  18G3  ;  Belle,  born  1864;  Stephen  A.,  born  1867;  Agnes, 
born  186!);  P^ugene,  born  1870;  Mary,  born  1872. 

Zadoc  A.  RiggS.  Born  in  Boone  county,  Missouri,  March  10,  1826, 
where  he  received  his  education  and  worked  on  a  farm  until  1850.  In  that 
year,  on  May  1st,  in  company  with  thirteen  others,  he  started  across  the  plains 
with  ox-teams  for  California,  arriving  at  Nevada  City  September  12th  of 
the  same  year.  Remaining  there  only  a  short  time,  he  went  to  Deer  creek  and 
followed  mining  until  February  1851;  he  then  proceeded  to  the  Cosumne 
river  and  mined  there  till  November,  1852,  when  he  came  to  Almaden  town- 
ship, Santa  Clara  county,  and  purchased  his  present  farm  of  one  hundred  and 
sixty  acres.  Married,  March  10, 1864,  Phebe  Cairns,  by  whom  there  have  been 
a  family  of  five  children,  three  having  died  when  infants.  The  names  and 
births  of  those  now  living  are:  William  A.,  born  December  5,  1864;  Zadoc 
S.,  born  March  10,  1874. 

Christoph  Schofield.  Born  in  Hanover,  Germany,  December  13, 1831. 
In  1854  he  emigrated  to  the  United  States  and  first  found  a  home  near  Mil- 
waukee, Wisconsin.  He  remained  in  that  State  about  one  year,  then  went 
South  and  was  variously  employed  in  Louisiana  until  1856.  In  that  year 
he  made  the  journey  to  California  by  way  of  Panama,  arriving  in  San  Fran- 
cisco in  May.  A.shore  in  San  Francisco  without  a  cent  in  his  pocket  and  in 
debt  to  a  fellow-passenger  for  a  part  of  his  fare,  he  did  what  most  new-corn 
ers  in  those  days  did,  started  for  the  mines  in  Nevada  county,  but  unlike 
most  others  soon  returned  to  the  valley  and  sought  work  among  the  farmers. 
In  October  of  ^hat  year  he  began  work  on  the  farm  of  Jerry  Parsons, 
near  the  mouth  of  Bear  river,  and  remained  in  his  employ  almost  uninter- 
ruptedly for  about  twelve  years.  Having  sufiered  much  from  the  malarious 
chills  and  fevers  of  that  locality  he  went  back  to  Germany  in  1865  intending 
to  remain  there,  but  after  an  absence  of  ten  months  returned  to  Mr.  Parson's 
ranch  in  improved  health  and  fully  determined  to  give  up  his  allegiance  to 
the  German  king  and  become  an  American  citizen.  In  1868  he  was  married 
in  San  Francisco  to  Miss  M.  Parsons  and  moved  to  the  Santa  Clara  valley. 
During  that  year  he  purchased  the  farm  in  Almaden  Township  where  he 
now  resides,  which  has  been  the  home  of  himself  and  wife  since  the  time  of 
their  marriage. 


560  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA, 


* 


Francois  Tremoureaux.  Born  in  Saint-Nazaire,  France,  July  12 
1840.  At  the  age  of  nine  years  he  left  home  and  followed  the  sea  until  he 
came  to  California  in  1859,  and  has  naturally  seen  a  great  deal  of  the  world. 
In  the  last-named  year  he  came  to  Santa  Clara  county,  and  after  working 
for  wages  on  a  farm  was  employed  in  a  store  in  San  Jose.  In  1861-2  he 
was  engaged  in  the  charcoal  business,  as  well  as  other  matters,  until  1865, 
when  he  purchased  his  present  mountain  farm  of  nine  hundred  acres,  adapted 
for  stock-raising.  Married,  December  11,  1871,  Arabella  Grant,  May,  1878, 
by  whom  there  are:  Francois  M.,  born  December  29, 1872;  Leonard  J.,  born 
March  6,  1874.  Married,  secondly,  September  22,  1878,  Mrs.  Emma  Web- 
ster, and  has:  Albert  C,  born  June  9,  1880;  Bertha  A.  Webster,  .born  Jan- 
uary 28,  1878;  a  daughter  by  a  former  marriage. 

William  H.  Warel  The  subject  of  this  sketch  was  born  in  Salem, 
Salem  county.  New  Jersey,  November  22,  1822,  where  he  was  educated. 
In  early  life,  Mr.  Ware  devoted  his  time  to  teaching  school,  at  the  age 
of  twenty  years  receiving  his  certificate  from  Messrs  Ray,  Picket,  and 
McGuffe,  Professors  of  Woodford  High  School,  and  State  Examining 
Committee  of  Ohio.  He  gave  instruction  consecutively  in  Delhi  town- 
ship, Hamilton  county,  Ohio;  in  different  parts  of  Missouri;  in  Jeffer- 
son county,  Indiana;  in  Shelby  county,  Kentucky;  and  in  the  State  of 
Mississippi,  where  he  had  a  two  years'  course  of  legal  study.  As  he  was 
about  to  enter  upon  the  practice  of  his  profession,  the  discovery  of  gold  in 
California  was  proclaimed  to  the  world.  To  be  behindhand  in  the  search  for 
the  precious  metal  was  to  sleep.  Mr.  Ware  therefore  joined  a  mule  train, 
dubbed  the  Pioneer  line,  belonging  to  Turner,  Allen  &  Co.,  and  left  Inde- 
pendence, Missouri,  April  10, 1849.  He  continued  with  this  party  until  they 
reached  Carson  river;  here  anticipation  proved  too  much  for  him,  he  there- 
fore pushed  on  ahead,  alone,  but,  meeting  a  pi-edatory  band  of  Indians,  his 
horse  (a  valuable  animal  that  had  carried  Colonel  Price  through  the  Mex- 
ican campaign)  was  stolen,  being  considerably  delayed  thereby,  and  ulti- 
mately arrived  at  Weavertown,  El  Dorado  county,  September  27,  1849. 
After  a  rest  here  of  two  weeks,  he  proceeded  to  San  Francisco,  and  there, 
with  three  others,  formed  a  company  to  proceed  to  the  San  Jose  Mission  and 
commence  the  cultivation  of  vegetables,  on  a  large  scale.  This  company  made 
a  good  start  for  their  destination,  in  a  whale-boat  laden  with  provisions  and 
seed,  but  they  had  not  proceeded  far  when  a  dispute  arose  in  regard  to  their 
common  affairs  (they  having  ignored  all  existing  agreements).  Our  subject 
thereupon  severed  his  connection  with  the  enterprise.  Mr.  Ware  next  made 
for  the  mines  at  Beal's  Bar,  north  fork  American  river.  Placer  county. 
A  few  months  later  he  went  to  Big  Gulch  Bar,  where  he  started  a  trading- 
post,  being,  at   the  same  time  owner  of  a  mine.     Here  he  remained  until 


BIOGRAPHIES — ALMADEN   TOWNSHIP.  561 

the  Fall  of  1851,  when  he  sold  out,  and  proceeded  to  Amador  county,  at  a 
place  called  Arkansas  Cabins.  Here  he  and  two  other.s  named  Smith  and 
Drummond,  constructed  a  ditch  three  miles  long.  At  this  place  he  remained 
eij:fht  months,  when  he  came  to  San  Jose,  and  in  April,  1852,  in  company 
with  William  Rogers,  opened  the  Mansion  House,  and  conducted  it  until  the 
following  July.  In  that  month  he  located  the  i)lace  on  which  ho  now 
resides,  placed  a  man  in  chai-ge,  and  left  to  dispose  of  his  mining  interests 
near  Cook's  Bar,  El  Dorado  county.  These  he  sold  out,  returned  to  Santa 
Clara  county  in  the  month  of  February,  1853,  and  took  up  his  residence  on 
his  property  in  Almaden  tovvnsliip,  where  he  has  resided  ever  since. 

Edward  Young.  Born  in  Dorsetshire,  England,  July  22,  1S34.  In 
the  year  1856  he  emigrated  to  Australia,  where  he  mined  until  18G7,  in 
which  3'ear  he  returned  to  the  "Old  Country."  After  a  short  stay,  he  came 
to  California,  and  arrived  in  Santa  Clara  county  in  the  Fall  of  18(38.  He 
first  went  to  Almaden  township,  and  commenced  getting  out  timber  from 
the  redwoods  for  use  in  the  mines,  at  which  employment  he  continued 
eleven  years.  In  1878,  he  came  on  to  the  place  where  he  now  resides, 
consistinor  of  one  hundred  and  nine  acres  of  land.  Married,  in  San  Fran- 
Cisco,  June  21,  1870,  Sarah  Shepherd,  a  native  of  England,  and  has  five  chil- 
dren: Harriet,  born  April  21,  1872;  Maria,  born  January  17,  1874;  Charles 
G.,  born  August  12,  1875;  Henry,  born  September  28,  1876;  Nancy,  born 
February  10,  1881. 


.30 


562  HISTORY    OF   SANTA   CLARA   COUNTY,   CALIFORNIA. 


ALVISO  TO^VNSHIP. 


Thatcher  Ferris  Barnes.  Born  in  Cayuga  county,  New  York,  April 
17,  1828,  where  he  dwelt  for  the  first  twent3^-four  years  of  his  life.  At  that 
age  he  crossed  the  plains  to  California,  arriving  at  Oroville,  Batte  county, 
September  1,  1852.  He  at  once  proceeded  to  Marysville,  Yuba  county, 
where,  disposing  of  his  oxen,  he  left  for  Sacramento,  and  thence  to 
Willow  Spring  mines,  where  he  remained  for  a  year.  Mr.  Barnes  next 
went  to  Monterey  counfy  and  located  on  a  piece  of  land  which  proved  to 
be  private,  and  not  Government  property,  he  therefore  transferred  his  resi- 
dence, and  coming  to  Santa  Clara  county,  rented  a  portion  of  the  Alviso  estate 
which  he  farmed  for  some  time,  then  moved  on  to  his  present  place  where 
he  has  resided  for  the  past  eighteen  year.s.  Farms  two  hundred  and  fifty 
acres.  Mr.  Barnes  was  Captain  of  the  Alviso  Rifles  until  they  were  dis- 
banded in  18G6.  He  married  May  29,  1852,  Mary  Van  Wie,  a  native  of 
New  York,  by  whom  he  has  two  daughters. 

John  Gregg  BriggS.  Bom  in  Arkansas.  December  3.  1858,  and  came 
with  his  parents  to  California  in  1861.  On  arrival  the  family  proceeded  to 
Marysville,  where  they  resided  until  1873,  when  J.  W.  Briggs,  the  father  of 
our  subject,  purchased  the  property  on  which  they  now  reside.  This,  one 
of  the  finest  orchards  in  Santa  Clara  county,  contains  about  ten  thousand 
fruit  trees  in  all,  there  being  some  three  thousand  pear,  two  thousand  plum, 
fourteen  hundred  cherr}^  fifteen  hundred  apple,  seven  hundred  peach,  and 
the  balance  apricot  trees.  No  pains  has  been  spared  by  J.  G.  Briggs,^ 
who  manages  for  his  father,  in  conducting  this  orchard,  while  he  includes  in 
his  cultivation  the  rarest  varieties  of  blackberries,  raspberries  and  straw- 
berries. There  are  altogether  one  hundred  and  twenty  acres  oh  the  farm, 
twenty  of  which  are  devoted  to  pasturage,  and  the  remainder  to  fruit- 
culture. 

Robert  Hutchinson.  This  worthy  pioneer  and  prominent  citizen  of 
Alviso  township  was  born  in  Windsor,  Kennebec  county,  Maine,  March 
6,  1812,  and  is  the  eldest  son  of  Robert  and  Ruth  Hutchinson.  At 
twenty-one  years  of  age  he  had  not  received  sufiicient  of  an  education  to 
allow  him  to  transact  the  most  ordinary  business,  but  by  close  application 
and  diligent  attendance  at  the  Winter  schools,  besides  careful  research  in 


BIOGRAPHIES — ALVISO    TOWNSHIP.  5G3 

private,  as  well  as  a  three  month's  term  at  tlic  Va.-salhorough  Academy,  he 
found  he  had  absorbetl  enough  knowledge  to  permit  of  his  eiubaikinf  in  tlie 
tuition  of  a  common  school  in  the  year  1837.  After  that  he  followed  the 
art  of  teaching  as  a  profession,  having  taught  as  many  as  twelve  schools  in 
eight  Winters,  contriving  to  compass  this  by  being  present  at  two  schools 
during  .some  of  the  seasons.  In  1840  he  was  appointed  by  John  Fairfitld, 
Governor  of  the  State  of  Maine,  Justice  of  the  Peace  and  Quorum,  the  jurisdic- 
tion of  the  former  office  then  extending  over  the  entire  county,  positions  he 
occupied  for  seven  years.  About  this  time  he  was  elected  one  of  the  Board 
of  Superintending  School  Committees,  whose  duty  was  the  examination  of 
teachers  and  visitation  of  schools;  he  was  also  elected  one  of  the  Board  of 
Selectmen  and  Assessors  of  his  native  town,  which  office  he  held  until  his 
removal  to  Cherry  field,  Washington  county,  in  1844.  In  the  year  1843  was 
the  Democratic  candidate  for  Representative  to  the  Maine  Legislature,  but 
was  defeated  by  the  Whig  nominee,  the  town  having  a  large  majority  of  that 
party.  On  arriving  at  Cherryfield  he  joined  his  lather  and  brother  in  the 
lumber  business,  and  there  continued  until  1849.  In  that  year  Mr.  Hutchin- 
son took  an  active  part  in  the  formation  of  an  association  having  for  its  object 
a  voyage  to  California.  It  was  styled  the  Sacramento  Navigation  and  Min- 
ing Company,  and  was  organized  for  two  years.  The  association  comprised 
forty-eight  members  who  each  owned  one  share  of  five  hundred  dollars. 
With  the  capital  thus  raised  the  brand-new  bark  Belgrade,  then  lying  on  the 
stocks  at  Cherryfield,  was  purchased;  she  was  loaded  with  provisions  enough 
for  a  tw^o-ycar's  voyage;  a  number  of  houses  already  framed  were  put 
aboard,  and  a  quantit}^  of  loose  lumber.  The  steamboat  Fashion  was  bought 
from  Hinkley  &  Egery  of  Bangor,  taken  to  pieces,  and  with  her  machinery 
placed  in  the  bark.  Mr.  Hutchinson  was  chosen  Secretary  of  the  company 
and  so  continued  until  its  dissolution.  On  November  27,  1849,  the  subject  of 
our  sketch  sailed  for  the  already  far-famed  Dorado,  having  received  on 
taking  leave  of  his  native  town,  the  following  testimonial,  couched  in  honest 
language,  wdiich  he  holds  to-day  in  much  esteem:  "The  bearer,  Robert 
Hutchinson,  Esq.,  is  a  gentleman  whom  we  have  known  from  his  boyhood 
and  we  can  most  cheerfully  recommend  him  as  a  man  of  strictly  honest  prin- 
ciples, correct  moral  habits  and  in  every  way  worthy  of  implicit  confidence. 
He  is  also  well  qualified  by  his  learning,  talent  and  tact,  for  the  transaction 
of  any  common  business.  W^indsor,  November  12,  1844.  (Signed)  Asa 
Heath,  Town  Clerk  of  Windsor;  Wm.  Hilton,  Justice  of  the  Peace  and 
Quorum;  A.  S.  Coombs,  Wm.  Perkins,  Selectmen  of  Windsor."  Having 
touched  at  Rio  de  Janeiro  and  admired  its  renowned  harbor;  at  Juan  Fernan- 
dez, and  pondered  over  the  solitude  of  De  Foe's  hero ;  and  having  rounded 
"The  Horn  "  with  its  inhospitable  coast  and  tempestuous  winds,  he  arrived  in 
San  Francisco  bay.  May  27,  1850,  precisely  six  months  from  the  date  of 


5G4  HISTORY    OF    SANTA    CLARA   COUNTY,    CALIFORNIA. 

sailing.     Here  one  of  the  liouses  brought  out  in  pieces  was  erected   in  the 
Rincon  Point  Cove;   the  steamboat  was  landed,  its  keel  relaid  and  in.  two 
months  completed,  when  the  company  was  dissolved.     The  property  was 
disposed  of  to  a  new  association   for  the  sum  of  forty  thousand  dollars,  and 
divided  into  forty  shares  of  one  thousand  dollars  each,  though  any  member 
of  the   oiiginal  company  was  given  his  choice,  either   to   receive  cash  or  a 
share  in  the  new  corporation.     Mr.  Hutchinson  elected  to  take  the   latter, 
and  received  the  position  of  steward  on  the  little  boat  he  had  brought  out,  at 
one  hundred  and  fifty  dollars  per  month  wages.     On  the  1st  of  Augu.st  the 
first  start  for  Sacramento  was  made.     When  getting  as  far  as  Benicia  it  was 
found  necessary  to  put  back  to  San  Francisco,  the  top  of  the  fire-box  hav- 
ing  burned  away.     After  six  weeks  consumed   in  repairing   she  was  put 
upon  the  Stockton  route  to  take  the  place  of  the  Sagamore  which  had  lately 
been  blown   up.     After  Mr.  Hutchinson   had  been  running  on  this  line  for 
two  months  a  combination  was  formed  between  the  steamboats  FasJdon  and 
Governor  Dana  to  take  the  freight  and  passengers  of  the  N'ew  World  and 
Senator  from  Sacramento  to  Marysville.     On  her  initial  voyage  on  this  mis- 
sion the  Fashion  was  "snan^ged,"  but  reached  her  destination  after  underfjoinof 
certain  temporary  repairs.     On  the  return  voyage  she  ran  agi'ound  at  Hock 
Farm,  where  the  subject  of  our  memoir  was  discharged.     Thence   he  took 
passage  in  the  Hartford  for   San  Francisco,  where  he  landed  at  midnight. 
He  had  gone  but  a  few  yards  along  Long  wharf  when  he  was  attracted  by 
the  cry  of  "  Fire ! "  he  wheeled  around  in  time  to  see  the  flames  burst  from 
the  steamer  Santa  Clara,  which   lay  alongside  the  boat  from  which   he  had 
just  landed.     The  flames  were  with  little  delay  communicated  to  the  Hart- 
ford, which,  although  not  sharing  the  disaster  of  _her  ill-fated  sister  was  all 
destroyed  but  the  hull.     At  the  end  of  two  months  the  Fashion  arrived  at 
San  Francisca  and  Mr.  Hutchin.son  joined  her  as  cook,  but   before  she  had 
left  the  port  he  took  his  discharge   and  became  one  of  an  expedition  to  pro- 
ceed to  the  Klamath  river  where  it  was  reported  gold  had  been  discovered. 
Taking  a  share  in  the  schooner  General  Lane  with  six  others  the  voyage  up 
the  coast  was  commenced,  but  with  what  result  Mr.  Hutchinson's  diary  will 
best  explain:     He  tells  us  that  the  voyage   commenced  with  strong  head 
winds  which  had  so  increased  that  they   were  out  two  weeks,  and  out-of- 
sight  of   land;  they  were  obliged  to  lay  too,  but  after   three   days  the  wind 
chopped   round  in  such  a  manner  that  the  vessel  would  not  lay  with  her 
head  to  the  sea,  in  this  position  the  rollers  swept  over  her,  and  finally  ship- 
ping one  larger  than  the  rest,  it  stove  in  one  side  of  her  cabin,  swept  across 
the  deck  carrying  with  it  the  bulwarks  and  stanchions,  stove  up  the   whale- 
boat  into  splinters,  knocked  the  vessel  on  her  beam-ends,  shifted  the  cargo, 
and  otherwise  did  much  damage.     That  night  the  pumps  were  kept   con- 
stantly at  work.     In  the  morning  it  was  found  that  had  the  craft  been  put 


J 


BIOGRAPHIES — ALVISO    TOWNSHIP.  565 

on  the  other  tack  than  that  on  which  she  was,  nothin;j  couM  have  saved  her 
from  sinking,  and  her  passengers  an  I  crew  from  a  watery  grave.  She  (hifted 
towards  San  Francisco,  where  Mr.  Hutchinson  arrived  on  or  about  May  20, 
1851.  After  remaining  liere  a  few  days  he  left  for  Alviso,  Santa  Clara 
county,  where  he  arrived  May  27,  1851,  thus  completing  his  first  twelve 
months  in  California.  On  gaining  that  town  he  formed  a  partnership  with 
A.  J.  Wilson  in  a  grocery  store,  a  boai'ding-house  and  a  freighting  busines.s, 
they  having  a  vessel  plying  between  that  point  and  San  Francisco.  At  the 
end  of  six  months  the  schooner  WiUiain  A.  Tarlton  was  purchased  and  J.  A. 
Morgan  admitted  to  a  share  in  the  business,  but  Mr.  Wilson  dying  in  1853, 
the  partnership  was  dissolved,  and  the  affairs  transacted  by  Mr.  Hutchinson 
alone.  In  June,  1854,  he  started  to  pay  his  native  State  a  visit,  there  he 
was  married  in  the  town  of  Addison,  September  4th,  and  in  Novem- 
ber, accompanied  by  his  bride,  commenced  the  return  voyage  to  Cal- 
ifornia, arriving  at  Alviso  on  the  11th  December  same  year.  He  then 
engaged  in  the  storage  and  lumber  business.  In  185(5  he  joined  the 
Republican  party;  in  the  following  year  was  a  Republican  delegate  to 
the  State  Convention  held  at  Sacramento  that  nominated  Judge  Stanley, 
a  North  Carolinan,  for  Governor.  In  this  year,  in  the  month  of  Novem- 
ber, he  embarked  in  agricultural  pursuits,  which  he  gave  up  at  the  end 
•of  two  years,  and  returned  to  Alviso  and  once  more  engaged  in  the  lum- 
ber business,  and  storing  and  shipping  hay,  occupations  he  followed  until 
the  Spring  of  18G9,  when,  letting  his  warehouses  and  hay-barns  he  moved  to 
San  Jose'  and  entered  upon  the  charge  of  the  lumber  yard  of  Chase  &  Con- 
ley.  At  tbe  end  of  one  year  they  stopped  this  manufacture.  Mr.  Hutchin- 
son therefore  returned  to  Alviso,  and  re-entered  upon  his  original  business, 
which  he  still  continues.  He  served  as  a  Justice  of  the  Peace  for  Alviso 
township,  excepting  during  the  times  of  his  absence,  from  1852  till  1869; 
besides  this  he  was  appointed  by  an  Act  of  the  Legislature,  a  Trustee  of  the 
town  of  Alviso,  to  sell  town  lots,  the  proceeds  of  whic^h  were  to  be  paid  to 
the  School  Trustees  for  school  purposes  in  the  town.  His  colleague  was  Col. 
A.  B.  Rowley.  Mr.  Hutchinson  at  the  age  of  twenty-one  cast  his  first  paliti- 
cal  vote  for  Andrew  Jackson,  bein.j  convinced  that  he  was  right  on  the 
"bank  question,"  while  at  an  early  age  he  became  impressed  with  the 
importance  of  speaking  the  truth,  knowing  that  "  lies,  like  chickens,  were 
bound  to  come  home  to  roost."  Through  a  long  life  he  has  treasureil  up 
many  good  and  wise  sayings,  legends  and  maxims,  among  them  being: 
"  Error  is  unstable  and  seldom  the  same.  She  builds  her  lofty  structures 
upon  a  sandy  foundation — upon  the  applause  of  beings  every  moment  liable 
to  change.  But  Truth  is  certain, eternal,  and  built  upon  a  rock  are  the  towers 
of  her  habitation.  She  looks  to  Him  onl}'  for  applause  who  is  the  same  yes- 
terday and  forever." — Dr.  Robertson's  Lectures. 


566  HISTORY    OF    SANTA   CLARA    COUNTY,   CALIFORNIA. 

John  Karr.  Was  born  in  County  Longford,  Ireland,  October  22,  1837. 
When  four  months  old  he  was  brought  to  the  United  States  by  his  parents 
and  lived  in  New  York  until  he  was  fourteen  years  of  age  when  he  started 
for  California  March  17,  1852,  in  the  steamer  Pioneer,  through  the  Straits 
of  Magellan.  This  vessel  was  run  ashore  to  save  the  lives  of  passengers  and 
crew  in  Saint  Simeon  bay  on  the  coast  of  California,  the  passengers  and  crew 
being  taken  off  b\^  the  steamships  Sea  Bird  and  Orleans  which  brought 
them  into  San  Francisco  harbor  August  21,  1852.  Mr.  Karr  went  first  to 
the  mines  in  Sonora,  thence  to  Angel's  camp  and  in  October  came  to  the  Santa 
Clara  valley.  Here  he  was  differently  employed  for  the  best  part  of  two  years, 
when  he  once  more  launched  out  to  the  mines  and  finally  brought  up  on  the 
White  river,  Kern  count}-.  Remaining  in  this  locality  but  a  brief  period 
he  came  to  Alviso  where  he  obtained,  in  the  first  instance,  employment  in  the 
mill,  and  afterwards  entefed  the  store  of  R.  Carr.  He  next  made  a  six 
months'  trip  to  the  Eastern  States;  came  bask  to  Alviso  for  one  yeai',  then 
went  for  eighteen  months  to  the  mines  in  the  State  of  Nevada,  and  ultim- 
ately returned  to  Alviso  and  was  engaged  as  foreman  in  the  warehouses  of  one 
of  which  he  now  has  charge.  This  enterprising  gentleman  besides  owning 
the  only  store  in  tlio  village,  is  a  Justice  of  the  Peace  and  School  Trustee- 
Married,  at  San  Jose,  October  9,  1859,  Margaret  Borden,  and  has  one  child, 
John  M.,  born  May  20,  1802. 

John  Jacob  Ortley.  Was  born  in  New  York  City  September  14,  1827, 
and  there  resided  until  he  attained  the  age  of  eigliteen  years.  Having 
acquired  the  trade  of  sailmaker  he  shipped  on  the  bark  Rosing,,  June  26, 
1845,  and  made  a  voyage  to  South  America,  being  afterwards  employed  on 
the  Don  Juan  a  brig  engaged  in  the  slave  trade.  Remaininof  in  this  craft 
but  a  short  time,  he  once  more  shipped  in  the  Rosina  where  he  remained 
three  years  and  a  half,  then  made  one  trip  in  the  ship  Union  to  New  Orleans 
as  A.  B.,  and  two  more  as  Second  Mate.  He  then  came  to  California  in  the 
ship  Caroline  Reed,  and  became  connected  with  different  vessels  on  the 
coast,  while  he  was  for  many  years  one  of  the  proprietors  of  the  Union  line 
of  packets  plying  between  Alviso  and  San  Francisco.  Mr.  Ortley  is  the 
owner  of  certain  warehouses  in  the  township,  while  in  the  town  he  has  a 
comfortable  dwelling-house  and  thirty-four  lots.  Has  been  a  School  Tru.stee 
for  ten  years.  Married,  at  Alviso,  December  24,  1858,  Aloysia  Wade  by  whom 
he  has  ten  living  children,  viz.,  Lydia  A.,  Julia  D.,  Lucy  W.,  Mary  L.,  John 
J.,  Aloysia  L.,  Emily  E.,  Oliver  J.,  William  B.,  Hattie  R. 

Thomas  Pogue.  Born  in  Wilmington,  New  Castle  county,  Delaware, 
March  22,  ISIG.  When  eighteen  years  of  age,  he  shipped  on  board  the 
whaling  vessel  Japan,  at  Nantucket,  for  a  voyage  to  the  Pacific  ocean,  and 


BIOGRAPHIES — ALVISO   TOWNSHIP.  567 

after  remaining  in  her  ten  months,  then  went  on  the  brig  Malta,  at  Bay 
of  Islands,  New  Zealand,  and  eight  months  after,  at  Boston,  signed  articles 
at  Lynn,  to  go  on  a  voyage  in  the  whaling  bark  Atlas.  Between  Desolation 
Island  and  St.  Paul's  Island  he  was  shipwrecked,  but  making  his  way  to  the 
Isle  of  France  (now  Mauritius)  he  was  put  on  board  the  ship  Java,  Captain 
Smith,  by  the  Consul  for  the  United  States,  and  in  her  returned  to  New 
Bedford,  and  went  home  and  stayed  for  one  year.  He  then  shipped  on  the 
Sirius,  at  Wilmington,  Delaware,  for  a  whaling  voyage  to  the  South  Pacific, 
which  lasted  forty -five  months,  with  veiy  poor  success.  He  next  made  a  voyage 
and  return,  between  Boston  and  Liverpool,  in  the  ship  Monterej,  Captain 
Dunbar,  and  finally  returned  to  his  home  in  Delaware.  The  Mexican 
war  breaking  out  about  this  time,  our  subject  shipped  on  the  United  States 
frigate  Potomac,  Commander  Allanc,  and  served  through  that  campaign, 
afloat  and  ashore,  under  Generals  Taylor,  Scott  and  Patterson.  At  the  close 
of  hostilities  he  returned  to  the  Atlantic  coast  and  joined  the  brig  Silas 
Marner,  Captain  Long,  on  a  voyage  to  the  Mediterranean  ports  and  back 
to  Baltimore;  he  then  shipped  on  board  the  brig  Consort,  bound  to  Califor- 
nia, where  he  arrived  in  February,  1850.  He  at  once  proceeded  to  Stockton, 
and  from  there  to  the  mines  in  Tuolumne  county,  but  soon  returned  to  San 
Fiancisco;  thence  he  went  to  Butte  county,  but  returned  again  to  the  city 
shortly  after,  when  he  engaged  in  steamboating  on  the  Stockton  route,  on 
the  steamer  Weber.  In  1853  he  came  to  Alviso,  where  he  hal  charofe  of  the 
flouring  mills  for  seme  twenty  years,  as  engineer.  Since  then  he  built  and 
conducted  the  Alviso  Hotel,  which  he  now  owns,  as  also  a  small  farm  not 
far  from  that  town.  Married,  in  San  Francisco,  February,  18G0,  Eliza- 
beth Smith,  and  has  one  child  living: — Mary  K.  C,  born  May  13,  1864. 

Thomas  Scott. — Born  in  Chester  county,  Pennsylvania,  August  19, 
1S36,  where  he  received  his  education  and  resided  until  the  year  1860,  when 
he  removed  to  the  State  of  Maryland  and  there  farmed  for  six  years.  For 
a  like  number  of  years  he  lived  in  LaFayette  county,  Missouri,  when  he 
came  to  California,  and,  in  1872,  located  on  a  tract  of  land  about  two  miles 
from  San  Jose.  This  farm,  which  contained  one  hundred  acres,  Mr.  Scott 
purchased  in  connection  with  his  brother-in-law,  Mr.  Cowan,  two  years  after 
when  it  became  known  as  the  Cowan  &  Scott  Ranch.  Besides  this  property, 
which  is  in  San  Jos^  township,  these  gentlemen  rent  the  Mayvern  Farm,  of 
one  liundred  and  forty-four  acres,  in  Alviso  township,  and  three  hundred 
and  forty  acres  of  the  Lick  Farm,  now  owned  by  A.  Pfister  &  Co.,  of 
San  Jose.  On  the  latter  two  farms  fjrain  and  vegetables  are  grown  to  jjreat 
perfection.  During  the  season  1879-80,  three  thousand  chests,  of  a  hundred 
pounds  each,  of  beiries,  were  exported  from  the  Cowan  &  Scott  Ranch,  while 
it  is  expected  that  next  season  four  thousand  chests  of  blackberries  alone  wnll 


568 


HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 


be  shipped  to  different  parts  of  the  country,  and  the  different  canneries  with 
which  Scott  &  Cowan  have  large  contracts.  Mr.  Scott  now  owns  fifty  acres 
of  land  in  Santa  Clara  township,  bought  of  A.  D.  Remington,  of  the  James 
Lick  Paper  Mill  Tract,  which  is  now  very  promising,  being  only  one  year  old, 
with  every  prospect  of  making  a  very  profitable  fruit  farm.  Mr.  Scott  married, 
in  Cecil  county,  Maryland,  March  1,  18G0,  Mary  J.  Taylor,  of  Wilmington, 
Delaware,  who  died  September  6,  1871.  By  this  union  there  are  two 
children:  Leonora,  born  September  IG,  1861;  and  Lewis  J.,  born  June  16,. 
1863. 


i/S-% 


BIOGRAPHIES — BURNETT   TOWNSHIP.  oGO 


BURNETT  TOWNSHIP. 


John  H.  Ballard.  Born  in  Sterling,  Cayuga  county,  New  York, 
November  IG,  1829,  where  he  was  educated  and  resided  until  he  came  of  age 
when  he  removed  to  the  State  of  Wisconsin.  Here  he  went  into  tlie  lum- 
ber trade,  afterwards  piloted  on  the  river  until  1851,  and  eventually  returned 
to  New  York.  On  January  1,  1852,  he  sailed  for  California  vwt  the  Isth- 
mus, and  arrived  in  San  Francisco  in  the  following  month.  He  almost 
immediately  started  for  the  mines  at  Pine  Grove,  Sierra  county;  at  the  end 
of  t\vo  years  he  embarked  in  farming  on  the  Pala  grant  near  San  Jose;  in 
1864  he  came  to  Burnett  township,  and  now  resides  about  one  mile  from  the 
"Eighteen-mile  House,"  where  he  owns  three  hundred  and  eighty-five  acres  of 
land.  Married,  at  Martinez,  Contra  Costa  county,  California,  May  27,  1864, 
Rachel  Blanchard,  by  whom  he  has  four  chiklixn,  viz.:  Sherman  E.,  born 
March  19,  1865;  John  H.,  born,  April  4,  1868;  Maude,  born  October  20, 
1872;  Mabel,  born  May  27,  1876. 

Charles  Blanch.  Born  in  Gloucestershire,  England,  February  20, 1831> 
where  he  was  educated  and  reared  a  farmer.  In  the  year  1851,  he  emigrated 
to  the  United  State.s,  settled  in  Iowa,  and  farmed  there  for  three  years  when 
he  moved  to  Minnesota  and  resided  there  for  five  years,  being  still  engaged 
in  a  like  pursuit,  but  was  about  cleaned  out  two  years  in  succession  by 
grasshoppers.  He  then  crossed  the  plains  with  ox-teams  to  California,  came 
direct  to  Santa  Clara  county,  and  arrived  in  San  JoiO  in  the  Fall  of  the 
year  1859.  After  a  residence  of  two  years  in  that  city  he  embarked  in  farm- 
ing about  ten  miles  from  town,  where  he  lived  until  1868;  then  proceeded  to 
San  Luis  Obispo  county,  and  commenced  a  dairying  business,  but  was 
attended  with  disastrous  luck,  all  his  cattle  havinc;  sickened  and  died.  Mr- 
Blanch  now  returned  to  tliis  valley  and  farmed  for  twelve  months,  when  he 
made  a  journey  to  Oregon  and  remained  there  one  Winter,  returning  in  the 
following  Spring  to  Santa  Clara  county.  He  now  settled  on  the  ]ilace 
known  as  White  Oak  Flat,  Burnett  township,  and  at  the  expiration  of  four 
years  settled  on  the  place  where  he  now  resides  in  Hoover  valley,  where  he 
owns  one  hundred  and  .^ixty  acres.  Married,  in  St.  Paul,  Minnesota,  April 
27,  1859,  Maria  Watkins,  a  native  of  England,  by  whom  he  has  seven 
children  living:  William  T.,  born  October  9,  1863;  John  W.,  born  Decem- 
ber 19,  1865;  Mary  E.,  born  January  5,  1868;  Charles  E.,  born  December 


570  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA, 

7,  1869;  Sarah  M.,  born  March  8,  1873;  Robert,  born  March  27,  1875; 
Charlotte,  boi-n  February  17,  1S79;  Edmund  H.,  born  February  8,  18G0, 
died  May  22,  I860;  Jessie  A.,  born  June  2,  1861,  died  September  21,  1866; 
Richard,  born  October  14,  1877,  died  October  17,  1877. 

Daniel  G.  Brewer.  Whose  portrait  appears  in  this  work,  was  born  at 
Middletown,  Delaware  county,  New  York,  April  25,  1825.  When  five  years 
old  he  accompanied  his  parents  to  Stockbridge,  Madison  county,  and  at  the 
age  of  thirteen  launched  into  the  world  on  his  own  account.  Having  worked 
on  a  farm  until  October  8,  1850,  he  left  New  York  for  Charlestown,  South 
Carolina,  for  the  benefit  of  his  health,  and  afterwards  visited  the  celebrated 
Coco  Springs,  Aiken,  South  Carolina;  Savannah,  Georgia;  Jacksonville,  Flor- 
ida; Enterprise,  Indian  river;  at  which  place  he  remained  two  years,  employ- 
ing his  time  principally-*  in  hunting,  and  for  six  months  carried  the  United 
States  mail  from  Dunlawton  to  Fort  Capron,  one  hundred  and  fif  tv-two  miles, 
a  difficult  trip  and  made  in  a  sail-boat.  In  1855  he  returned  to  New  York, 
and  on  Octobe)"  5th  sailed  from  that  city,  and  arrived  in  San  Francisco  on 
the  29th  of  October  of  that  year.  Soon  after  his  arrival  he  passed  a  month 
in  Angel's  Camp  and  vicinity;  thence  returning  to  San  Francisco  by  way 
of  Sacramento.  Here  he  worked  at  the  carpenter's  trade  until  January  23, 
1856,  when  he  engaged  with  H.  C.  Hudson  in  his  Mustard  and  Spice  Mills. 
While  in  this  employ  he  came  to  Santa  Clara  county,  but  his  health  contin- 
uing weak  he  visited  several  places  along  the  coast  and  finall}'  returned  to  San 
Francisco.  Having  formed  a  company  to  proseed  to  the  Frazer  river,  July 
4,  1858,  he  sailed  in  the  clipper  ship  E.  F.  Willets,  Captain  Holmes,  com- 
mander, and  on  arriving  was  elected  Captain  of  the  expedition.  After  endur- 
ing many  hardships  the  company  was  disbanded  at  Yale,  where  the  subject 
of  our  sketch  remained,  and  afterwai'ds  commenced  minino-  with  a  rocker. 
In  October  he  returned  to  San  Francisco;  thence  came  to  Alviso  and  Mil- 
pitas,  where,  with  V.  W.  VanVie,  he  rented  land,  put  in  a  crop,  but  this 
proving  a  failure,  he  leased  one  hundred  acres  of  land  on  the  Alviso  tract, 
which  he  farmed  until  1866,  when  he  purchased  the  farm  on  which  he  now 
resides  in  Burnett  township  from  Cyprino  Fisher;  here  he  has  lately  built  a 
fine  residence.  Mr.  Brewer  was  a  member  of  the  Vifjilante  Committee  in 
San  Francisco,  being  one  of  Captain  McDonald's  company.  Mr.  Brewer  is 
very  much  pleased  with  the  climate  of  Florida,  as  he  sought  that  country  in 
quest  of  health,  being  greatly  reduced  in  strength  and  emaciated  from  the 
effects  of  weak  lungs,  having  suffered  a  great  deal  from  hemorrhage. 
He  so  thoroughly  recovered  that  since  his  return  he  has  enjoyed  perfect 
health,  and  has  no  feeling  of  the  oppi'ession  that  is  so  common  with  suff"arers 
of  the  dread  disease — consumption.  "Health  is  happiness."  When  he 
visited  Florida  his  weight  was  one  hundred  and  twenty-five  pounds  and  his 
former  weight  one  hundred  and  seventy-five  pounds,  average. 


BIOGRAPHIES — BURNETT   TOWNSHIP.  o7l 

Edward  Carling.  Born  in  England,  July  29,  1829,  and  was  educated 
there,  lu  18.32  lie  einiiifrated  to  Australia,  where  he  enjTfafred  in  niininf;  for 
twenty  years,  one-half  of  the  time  being  passed  in  New  Zealand.  He  was 
successful,  but  like  most  miners,  he  lost  the  greater  portion  of  his  earnings 
in  speculation.  He  then  came  to  California  arriving  at  San  Francisco,  March, 
1872,  and  immediately  proceeded  to  Santa  Clai'a  county.  After  nine  months 
passed  in  San  Josd  he  purchased  land  in  the  Las  Animas  grant,  on  San 
Felipe  creek,  where  he  is  now  engaged  in  farming  and  stock-raising.  Mar" 
ried,  February,  18G3,  Ellen  Spiingelt,  a  native  of  England. 

Captain  Winiam  Fisher  {Deceased).  This  old  pioneer  was  born  in  Bos- 
ton, Massachusetts,  in  the  year  1813.  At  the  age  of  twelve  years  he  left 
home  and  shipped  on  boai-d  a  vessel  for  three  years,  hoping  to  benefit  his 
health  which  had  been  delicate.  At  the  end  of  three  years  he  returned  to 
his  native  State,  but  soon  after  sailed  for  Upper  California.  Not  long  after  he 
proceeded  to  Lower  California  where  he  built  a  small  vessel,  and  in  company 
with  Captain  Hanks,  made  the  trip  to  Mazatlan,  on  which  voyage  she  was 
wrecked.  He  lived  for  many  years  in  Lower  California,  and  about  1845 
came  to  this  country  and  bought  the  Rancho  Laguna  Seca,  comprising  fou^" 
square  leagues.  He  then  brought  his  family  up  to  this  valley,  where  they 
arrived  in  the  month  of  April,  1846.  He  now  stocked  his  property  with 
horses  and  cattle,  at  the  same  time  conducting  a  mercantile  business  in  San 
Jose,  the  latter  of  which  he  dispo.sed  of,  on  account  of  ill  health,  in  1849,  to 
Josiah  Belden,  who  was  his  clerk  at  the  time,  and  retired  to  his  ranch  to 
manage  its  affairs.  He  was  not  one  of  those  who  went  to  the  mines  at  the 
time  of  that  great  excitement.  Captain  Fisher  in  all  his  intercourse  with 
the  emigrant  proved  himself  an  invaluable  friend,  while  his  name  is 
indelibly  connected  with  the  early  history  of  San  Jusd  in  which  chapter  his 
name  will  be  found  linked  with  many  a  good  and  noteworthy  action.  He 
died  April  5,  18.50.  Married,  in  1834,  Senorita  Liberata  Cesaiia,  a  native  of 
Lower  California  by  whom  he  had  a  family  consisting  of  Mary  C,  now  Mrs. 
D.  Murphy;  Thomas  M. ;  Cyprino  William  (deceased);  Uloga  Frico. 

Thomas  Fisher.  Born  in  Mexico  October  29,  1842.  His  father,  Will- 
iam Fi.-^her,  a  native  of  Massachusetts,  when  quite  young  went  to  Mexico, 
and  coming  to  California  in  1846  with  his  familv  settled  in  Burnett  town- 
ship,  Santa  Clara  county,  in  the  Spring  of  that  year.  Here  the  subject  of 
our  sketch  received  his  education,  and  has  since  resided,  owning  about  seven 
hundred  and  eighty  acres  of  land.  Married,  November,  1861 ,  Anna,  daughter 
of  Captain  Hanks,  a  fellow- voyager  from  Mexico,  by  whom  he  has  living: 
Isabel,  born  February  13,  1864;  Fanny,  born  April  3,  1868;  Thomas,  born 
May  4,  1870;  Daniel,  born  February  18,  1872;  Charles,  bora  May  29,  1874; 
Everett,  born  October  11,  1878. 


572  HISTOKY    OF    SANTA    CLARA   COUNTY,    CALIFORNIA. 

F.  Fisher.  The  subject  of  this  sketch,  whose  portrait  appears  in  this 
work,  is  the  youngest  son  of  Wilhara  and  Liberata  Cesaha  Fisher  (who  were 
among  the  very  earhest  settlers  in  California)  and  was  born  in  Burnett 
township,  Santa  Clara  county,  August  30,  1850,  where  he  has  continuously 
resided  save  during  the  years  he  attended  school.  In  1861  he  entered  the 
Santa  Clara  College,  and  was  otherwise  educated  in  the  public  schools  of 
San  Josd.  In  1868  he  returned  to  Burnett  and  commenced  working  on 
the  farm  of  Uan.  Murphy;  in  1872  he  moved  on  to  the  ranch  which  he 
'now  occupies,  and  which  he  has  owned  since  1859.  It  comprises  three 
thousand  seven  hundred  acres  adapted  to  agriculture  and  stock-raising. 
Married,  in  San  Jose'  April  8,  1872,  Gertrude  Hanks,  a  native  of  California, 
by  whom  he  has:  Robert  D.,  born  December  20,  1872;   Laura  and  Chester. 

N.  C.  Fowler.  Born* in  Hendricks  county,  Indiana,  November  22, 1835. 
When  five  years  of  age  he  was  taken  by  his  parents  to  Atchison  county, 
Missouri.  In  1852  he  crossed  the  plains  to  California  with  his  father,  Will- 
iam Fowler,  and  located  in  Yolo  county,  where  the  subject  of  this  sketch 
engaged  in  stock-raising  until  he  came  to  Santa  Clara  county  in  November 
1879,  and  located  on  his  present  ranch  comprising  one  hundred  and  sixty 
acres  situated  on  the  Los  Huecos  Grant.  Married,  January  15,  1877,  and 
has  an  only  child,  Nelson  C,  born  December  1,  1879. 

Erwin  Frost,  Jr.  Born  in  Briggsville,  Wisconsin,  June  19,  1851. 
In  the  year  1855,  he  came  with  his  parents,  b}""  way  of  the  plains,  to  Cali- 
fornia, arriving  in  the  month  of  September.  The  subject  of  our  sketch 
received  his  education  in  the  common  schools  of  Santa  Clara  count}^,  and  in 
the  year  1871,  commenced  farming  on  his  own  account,  in  San  Josd  town- 
ship. After  remaining  there  five  years,  he  moved  to  Burnett  township, 
and  took  up  one  hundred  acres  of  what  he  supposed  to  be  Government 
land,  but  which  afterwards  proved  to  be  the  property  of  General 
Naglee,  therefore,  in  1878,  he  moved  to  the  Coyote  station,  where  he 
acquired  seventeen  acres  of  ground,  and  erected  a  house  thereon,  which  he 
still  owns.  In  the  last-mentioned  year  he  was  appointed,  by  General 
Naglee,  agent  for  the  large  property  of  Naglee  &  McDermott,  comprising 
about  thirty-five  thousand  acres.  In  1879,  he  moved  his  family  on  to  the 
grant  in  Packwood  valley,  where  he  at  pi-esent  resides.  Was  elected  Con- 
stable of  the  township,  November  5,  1878,  and  now  holds  the  ofHce.  Mar- 
ried, in  San  Jose  township,  Augu.st  21,  1871,  Minnie  Stoll,  and  has:  Erwin 
E.,  born  in  Oak  Grove;  George  O.,  born  in  Oak  Grove;  Arthur  C,  born  in 
Burnett;  Burt  Lee,  born  in  Burnett. 

Martin  Hob  in.  Born  in  Rock  Island  county,  Illinois,  June  6,  1855, 
where  he  resided  until  he  came  to  California,  in  1862.     Making  the  journey 


BIOGRAPHIES — BURNETT   TOWNSHIP.  573 

to  the  Paciiic  coast  by  way  of  Panama,  lie  caine  direct  to  Santa  Clara 
county,  and  settled  on  a  farm  near  San  Jose'.  In  ISGU  he  left  that  district 
and  came  to  the  place  on  which  he  now  resides,  in  Burnett  township,  near 
the  Eighteen-mile  House,  where  he  owns  one  hundred  and  twelve  acres  of 
land.     Married  Mary  Foye,  and  has  one  child,  William  H. 

John  C.  Kirby.  Is  a  native  of  County  Wateiford,  Ireland.  In  the 
year  1850  he  sailed  in  the  bark  Rosanna,  for  Panama,  and  there  resided  one 
year,  when  he  sailed  for  California,  in  the  steamship  WasJthigton.  During 
the  voyage,  a  gentleman,  noticing  the  modesty  of  our  subject,  ofFci-ed  to 
educate  him.  On  their  arrival  in  San  Francisco,  July  12, 1851,  he  attached 
himself  to  his  benefactor,  and  with  him  remained  four  years.  On  the  expir- 
ation of  that  term  Mr.  Kirbv  started  on  his  own  account.  After  minini;  in 
El  Dorado  and  Nevada  counties,  he  came  to  Santa  Clara  valley,  in  Sep- 
tember, 1855,  and  engaged  with  Dan.  Murphy,  for  whom  he  worked  about 
four  year-s.  After  this,  was  variously  employed  until  he  had  accumu- 
lated sufficient  money  with  which  to  purchase  a  home.  This  he  found  on 
the  two  hundred  and  eleven  acres  where  he  now  resides,  consisting  of  fine, 
well  improved  land.  Married,  October  3,  1865,  Catherine  Keenan,  by 
whom  he  has  seven  children:  Mollie,  born  August  6,  18GG;  Susan,  born 
February  25,  1868;  Patrick  H.,  born  November  10,  1870;  Nellie,  born  Feb- 
ruary 2,  1872;  Timothy,  born  April  12,  1874;  Maggie,  born  June  5,  1876; 
John,  born  March  7,  1879. 

Clinton  Munson,  M.  D.  Was  born  in  Cape  Girardeau  county,  Mis- 
souri, August  10,  1848,  and  there  resided  until  he  attained  the  age  of  six- 
teen years,  when  he  moved  to  St.  Louis,  and  entered  the  Missouri  Medical 
College  (Allopathic  school),  whence  he  graduated  in  1867.  Doctor  Munson 
now  commenced  the  practice  of  his  profession,  which,  continuing  for  but  a 
short  time,  he  entered  the  Homeopathic  Medical  School  at  Chicago,  and 
grailuated  therefrom  in  1869.  In  June  of  that  year  he  came  to  California, 
and  after  practising  for  eighteen  months  in  Oakland,  Alameda  county,  he 
settled  in  Gilroy,  Santa  Clara  county,  where  he  followed  his  profession, 
until  failing  health  compelled  him  to  relinquish  the  discharge  of  these 
duties.  In  the  year-  1876  he  embarked  in  sheep-raising,  but  not  finding 
this  to  his  mind  he  returned  to  Oakland  in  September,  1878,  resumed  his 
practice,  and  there  I'eraained  until  June,  1879,  when  health  again  failing 
him  he  became  interested  in  the  Madrone  Mineral  Springs,  where  he  now 
resides.  An  account  of  this  resort  will  be  found  on  page  40  of  this  work. 
Dr.  ^Funson  married,  January  20,  1873,  Abbie  M.  Dyer,  a  native  of  Maine,, 
by  whom  he  has  Gertrude  Marion,  born  January  15,  1874,  and  Herrick 
Clinton,  born  December  12,  1880. 


574  HISTORY    OF   SANTA    CLARA    COUNTY,    CALIFORNIA. 

Jehial  M.  Owen.  Born  in  Hinesburgh,  Chittenden  county,  Vermont, 
January  30,  1830,  and  there  dwelt  until  he  o-rew  to  man's  estate,  beino- 
reared  a  farmer.  On  December  1,  1851,  he  started  for  California,  via  the 
Isthmus  of  Panama,  and  arrived  in  San  Francisco  January  10,  1852.  Soon 
after  he  proceeded  to  Saci'amento;  thence  to  the  mines  on  the  Yuba,  near 
Goodyear  Bar;  he  afterwards  engaged  as  Clerk  in  Whitcomb's  store,  and 
then  returned  to  Sacramento,  where  he  worked  on  a  farm.  In  May,  1853, 
he  came  to  Santa  Clara  county  and  township,  and  was  employed  in  haulino- 
lumber  from  the  redwoods— the  first  business  undertaken  on  his  own 
account  since  his  arrival  in  the  State.  A  year  later  he  located  in  Gilroy 
township,  and  was  there  engaged  in  the  like  occupation  for  the  Bodfish 
Mills.  In  1856  he  embarked  in  dairying  in  Gilroy,  which  he  continued  until 
1834,  when  he  came  to  his  present  ranch  in  Burnett  township,  where  he 
resides,  near  Coyote  staftion.  The  farm  consists  of  three  hundred  acres. 
Married,  May  6,  18G6,  E  nma  Cift,  a  native  of  Cincinnati,  Ohio,  and  has; 
George  N.,  Allen  B.,  William  H. 

Jacob  Scheller.  Born  in  Homburg,  Bavaria,  October  22,  1836,  and 
was  there  educated  to  the  blacksmith's  trade.  He  then  served  one  year  in 
the  army,  and  afterwards  worked  at  his  calling  until  1863,  when  he  came 
to  the  United  States,  arriving  in  San  Francisco  March  9th  of  that  year. 
In  less  than  a  week  he  located  on  the  place  where  he  now  resides  in  Pack- 
wood  valley,  on  the  Weber  Rancho,  for  which  he  is  agent.  In  1875  Mr.  S. 
revisited  his  friends  in  Germany.  On  his  return  he  twice  narrowly  escaped 
death.  He,  at  first,  planned  to  return  on  the  Deiitchland,  which  was 
wrecked  off  the  Coast  of  England.  He  then  made  arrangements  to  come 
on  the  Mosel,  which  was  to  sail  December  11,  1875.  Mr.  S.  arrived  at  the 
Bremen  wharf  just  as  the  last  truck-load  of  baggage  was  going  aboard. 
Seeing  his  trunk,  he  asked  permission  to  take  a  bo.x  of  cigars  from  it,  and 
then  hurried  to  his  stateroom,  to  put  them  away.  He  had  hardly  gone  below 
when  the  workingmen,  in  removing  a  heavy  case  from  the  truck,  dropped 
it  on  the  stone  pier.  At  once  there  was  a  fearful  explosion.  Some  two 
hundred  were  instantly  killed,  not  one  of  those  on  the  wharf  escapinor. 
The  case  contained  an  infernal  machine,  set  to  go  off  in  eight  days,  which 
had  been  shipped  to  realize  the  insurance  on  a  large  lot  of  worthless  cases 
shipped  as  merchandise.  Mr.  S.,  however,  was  uninjured,  and  arrived  safely 
by  the  next  steamer.  He  attended  the  Centennial  Exposition  before  return- 
ing to  Santa  Clara  county.  Married,  June  1,  1872,  Dora  Munro,  a  native  of 
Canada. 
I 

Orvis  Stevens. — Born  in  Chittenden  county,  Vermont,  on  the  11th  of 
November,  1830.     At  the  age  of  twenty-one  j'ears  he  came  to  California  via 


BIOGRAPHIES — BURNETT   TOWNSHIP.  575 

Panama.  Soon  after  his  arrival,  in  the  3-car  1852,  he  proceeded  to  the  mines 
at  St.  Joe's  Bar,  Yuba  river,  near  Downieville,  and  there  remained  one  year; 
he  then  went  to  Camptonville,  from  there  to  Sacramento,  tlience  to  tiie  mines 
at  Minnesota,  Sierra  county;  two  years  thereafter  he  removed  to  Eureka 
South,  Nevada  county,  and  conducted  a  dairy  for  one  year;  we  next  find  Mr- 
Stevens  stock-raising  in  Solano  county,  near  Rio  Vista;  at  the  end  of  a 
twelvemonth  he  proceeded  to  Forrest  City,  Sierra  county;  eigliteen  months 
after,  he  paid  a  visit  to  the  Eastern  States;  in  three  months  he  returned  and 
proceeded  to  Chips'  Flat,  Sierra  county;  where  he  for  several  years  carried 
on  the  butcher  business,  and  finally  came  to  Burnett  township,  Santa  Clara 
county,  in  18G8.  Here  Mr.  Stevens  engaged  in  farming  until  1875,  when 
he  rented  the  "Twelve-mile  House,"  where  he  has  a  store,  a  blacksmith's 
shop,  a  hotel,  and  a  post-office.  Is  a  School  Trustee.  Married,  in  Sierra 
county,  December  7,  18GG,  Louisa  Leonard,  by  whom  he  has  five  childi-en, 
viz.:  Charles,  born,  March  3,  1868;  Frank,  born.  May  27,  1869;  Burt,  born, 
August  12,  1873;  James,  born,  March  31,  1874;  Warren,  born,  November  4, 
1877. 

William  Tennant. — The  subject  of  this  sketch,  whose  portrait  appears 
in  our  work,  was  born  in  London,  England,  June  15,  1830,  and  is  descended 
from  good  old  Scotch  stock.  He  is  the  eldest  son  of  William  and  Dorinda 
Tennant,  the  former  of  whom  came  to  California  in  1849 — his  familv  com- 
ing  out  with  our  subject.  Having  received  his  early  education  in  the  w^orld's 
metropolis,  he  afterward  learned  the  trade  of  a  piano-forte  maker,  which  he 
followed  until  1851,  when  he  sailed  in  the  ship  Prince  Charlie,  by  way  of 
Cape  Horn,  for  California,  arriving  in  San  Francisco  in  the  latter  part  of  that 
year.  He  almost  immediately  commenced  tuning  pianos  in  that  city,  being 
the  only  one  of  that  occupation  in  the  State.  Early  in  1852,  he  was  called 
to  Alviso  to  tune  the  piano  of  Governor  Burnett,  and  afterwards  performed 
the  like  duty  at  the  Santa  Clara  and  San  Josd  colleges,  and  returned  to  the 
city,  but  being  enchanted  with  the  valley,  he  returned  in  a  short  time,  rented 
the  ground  on  which  the  Twenty-one-mile  House  stands,  and  commenced 
keeping  that  station,  in  the  Spring  of  1852,  where  he  has  since  i-esided.  He 
now  farms  twelve  hundred  acres  of  the  finest  land  in  the  county.  Mr.  Ten- 
nant is  reckoned  amonij  the  most  successful  ajjriculturalists  in  Santa  Clara 
county,  while  it  is  said  of  him  that  he  has  never  been  known  to  fail  in  any 
undertaking.  He  was  for  some  years  one  of  the  Directors  of  the  Bank  of 
Gilroy,  and  is  now  a  stockholder  in  the  Bank  of  San  Jose,  and  also  in  the 
Home  Mutual  Insurance  Company,  as  he  is  also  a  Director  of  the  Santa 
Clara  and  San  Mateo  Agricultural  Society,  while  it  is  a  matter  of  fact  that 
he  has  ever  been  willing  to  put  forth  a  helping  hand  to  his  less  fortunate 
fellows.     During  a  trip  to  Europe,  in   1873,  his  house  was  sacked   by  the 


576  HISTORY    OF   SANTA    CLARA   COUNTY,    CALIFORNIA. 

noted  desperado,  Tiburcio  Vasquez  and  his  band,  who  cai-ried  off  booty,  in  the 
shape  of  jewelry  and  articles  of  vertu,  to  the  value  of  eight  hundred  dollars. 
Mr.  Tennant  was  appointed  Postmaster  at  Tennants,  April  5,  1871,  and  still 
holds  the  position.  He  married  at  San  Jose,  Api-il  22,  ISGG,  Margaret  Mc- 
Allister, and  has  four  living  children,  viz.;  Mary  Ann  R.,  Isabella  M.,  Emily 
C,  and  Sarah  E. 

L.  L.  Tourtillott  (Deceased).  Born  in  Penobscot  county,  Maine,  June 
30,  1836.  When  a  mere  child  he  was  taken  to  Lee  county,  Illinois,  where 
he  was  educated  and  engaged  in  farming.  In  1859  he  crossed  the  plains  to 
California,  arrived  at  Placerville  in  1860,  where  he  was  engaged  as  a  clerk  in 
a  general  merchandise  store  until  the  middle  of  December,  when  he  came  to 
Santa  Clara  county,  and  engaged  in  lumbering  in  the  redwoods  at  Lexino-- 
ton  until  1864.  Thence  Jie  proceeded  to  San  Jose  where  he  resided  until  June, 
1865,  at  which  date  he  purchased  the  place  where  his  widow  now  resides.  The 
property  is  situated  in  San  Felipe  valley  and  comprises  three  hundred  and 
twenty  acres.  He  died  October  27,  1876,  having  lived  on  the  ranch  contin- 
uously since  its  purchase,  save  two  years  which  was  passed  in  San  Jose. 
He  married,  February  21,  1864,  Mrs.  Jane  A.  Gould,  a  native  of  Ohio,  who 
has  by  her  first  husband:  George  A.,  born  May  17,  1853;  Frank  H.,  born 
August  29,  1855;  and  by  her  second:  Howard  H.,  born  March  8,  1866; 
Milton  A.,  born  June  18,  1867;  Ernest  E.,  born  December  7,  1869;  True  T., 
born  September  18,  1871;  Walter  W.,  born  May  16,  1872. 

G.  W.  Wilson.  Born  in  San  Jo.se,  Santa  Clara  county,  California,  June 
30,  1853,  and  was  educated  at  Santa  Clara  College.  Mr.  Wilson  has  been  a 
farmer  nearly  all  his  life;  he  now  owns  about  seven  hundred  acres  of  land  in 
Burnett  township,  where  he  raises  a  large  quantity  of  grain,  and  rears  some 
very  excellent  stock.  He  has  the  reputation  of  leing  a  first-class,  practical 
farmer.  Married,  February  1,  1876,  Constantia  Smith,  a  native  of  this 
county,  by  whom  he  has  two  children,  viz:  U.  C,  born  November  2, 
1876;  Eliza  A.  born  September  22,  1878. 


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15I0GRAPHIES — FREMONT   TOWNSHIP.  ')  i  i 


FREMONT    TOWNSHIP. 


Doctor  Bowling  Bailey.  Was  born  on  the  Kentucky  and  Tennessee 
line,  April  1,  hSol.  Februaiy  1:^,  1850,  he  started  with  a  mule  team  across 
the  plains  for  California  and  arrived  at  Nevada  City,  September  27th  of 
the  same  year.  Mr.  Bailey  of  course  tried  his  chance  at  the  mines  and 
with  good  success.  He  came  to  Santa  Clara  county  in  June,  1853,  and  settled 
in  Fremont  township.  Here  he  entereil  into  the  live-stock  trade,  driving 
liis  cattle  to  San  Francisco  and  there  disposing  of  them.  This  occupation  he 
followed  until  1859  when  hv  commenced  farming,  which  industry  he  has 
since  prosecuted.  He  owns  three  hundred  acres  at  his  ranch  near  Mountain 
View,  and  two  hundred  and  eighty  more  near  Santa  Clara.  In  the  year 
1 859  he  Avas  elected  to  the  House  of  Assembly,  on  the  Democratic  ticket,  with 
a  total  vote  of  thirteen  hundred  and  forty -nine;  has  been  a  School  Trustee 
during  most  of  the  time  which  he  has  resided  in  the  district.  Married, 
November  3,  1858,  Margaret  Harmon,  a  native  of  New  Jersey,  by  wdiom  he 
has  Mary  B.,  born  August  22,  1859;  John  S.,  born  August  2G,  1860.  Mar- 
ried, secondly,  September  27,  1877,  W.  G.  Jones. 

Edward  Barron.  The  subject  of  this  sketch,  whose  portrait  appears 
in  this  work,  is  a  native  of  the  f-outh  of  Ireland,  where  he  was  born 
June  24,  1831.  Coming  to  the  United  States  in  1847  he  made  New 
York  his  home  until  November,  1851,  when  ho  started  for  California 
via  Panama,  and  arrived  January  1,  1852.  Not  long  after  landing  in  San 
Francisco  he  commenced  dealing  in  live-stock  and  so  continued  until  i860 
when  he  retired  with  an  ample  fortune.  After  paying  a  short  visit  to  the 
Eastern  States  in  1861,  Mr.  Barron  returned  to  Calilbrnia  to  find  that  the 
Comstock  Lode,  Virginia  City,  Nevada,  had  been  discovered,  he  thereupon 
formed  a  connection  with  some  others  interested  in  the  principal  nnnes,  and 
commenced  theii-  development,  an  association  he  maintained  until  the  year 
1876,  he  being  in  these  years  the  owner  of  a  quartz  mill  and  ledge  himself, 
and  President  of  such  well-known  mines  as  the  Gould  &  Curry,  Consolidated 
Virginia,  and  California,  and  this,  too,  at  a  tiinc  when  they  were  payiuLj  ilivi- 
dends  of  over  two  millions  of  dollars  per  month.  In  187(»  Mr.  Harron 
resigned  these  offices  and  retiied  from  an  active  participation  in  business 
attaiis.  He  then  set  out  on  a  one  year's  tour  in  Furope;  leturned  in  1877 
37 


578  HISTORY    OF   SANTA    CLARA    COUNTY,    CALIFORNIA. 

for  a  few  months;  again  crossed  the  Atlantic,  and  finally  came  back  to  Cali- 
fornia in  April,  1878,  when  he  established  his  residence  at  Mayfield.  Here 
Mr.  Barron  has  constructed  one  of  the  most  attractive  homes  in  Santa  Clara 
county.  Its  grounds  are  highly  embellished  with  large  groves  of  orna- 
mental trees,  the  approach  is  along  a  well  protected  avenue,  the  building  is 
encircled  by  parterres  of  richly-hued  flowers,  while  the  tout  ensemble  con- 
veys the  idea  of  rare  opulence  and  patrician  retirement.  He  married, 
November,  1851,  Maria  Cleary,  by  whom  he  has  two  children:  George  E., 
and  William  R.,  both  at  school  in  England. 

Frank  P.  Beverly.  Was  born  at  Mountain  View,  Santa  Clara  county, 
California,  January  13,  1855,  where  he  received  his  education,  save  a  few 
months  at  an  educational  establishment  at  San  Jose.  Has  been  a  farmer  all 
his  life,  is  at  present  Justice  of  the  Peace  of  Fiemont  township,  appointed 
May  14,  1881,  by  Board  of  Supervisors  of  Santa  Clara  county  (vice  R.  B. 
Frink,  resigned),  and  is  agent  for  the  following  insurance  companies:  Liver- 
pool, London  and  Globe;  American  Central;  Royal,  Norwich,  Union  and 
Lancashire;  Imperial,  London,  Northern  and  Queen;  vEtna;  California; 
Phoenix;  New  York  Life;  Hamburg,  Bremen  Fire  Insurance  Company,  and 
is  also  agent  for  A.  S.  Hallidie's  wire  works  in  San  Francisco.  Married 
Carrie  R.  Hartwick,  a  native  of  New  Jersey,  on  March  23,  1880. 

John  Wesley  Boulware.  Whose  portrait  appears  in  this  work,  was 
born  in  Estill  county,  Kentucky,  at  Red  River  Iron  Works,  June  5, 
1830,  where  he  resided  until  he  attained  the  age  of  fifteen  yeai'S,  when 
he  accompanied  his  parents  to  Jackson  county,  Missouri,  there  receiving  his 
education,  first,  in  the  common  schools  and  afterwards  one  term  in  Pleasant 
Hill  Academy,  Cass  county.  His  scholastic  training  ended,  Mr.  Boulware 
entered  the  lumber  trade,  and  continued  in  it  until  he  started  for  California. 
May  4,  1852,  he  commenced  the  weary  journey  across  the  plains  with 
ox-teams  and  a  herd  of  cattle,  in  company  with  Lindsey  Lewis,  his 
father-in-law,  and  arrived  in  Santa  Clara  county  October  2d  of  the  same 
year,  locating  on  the  precise  spot  on  which  he  now  resides,  but  did  not 
settle  there  then,  for  after  two  months  he  removed  to  Mountain  View;  at 
the  end  of  two  years  he  proceeded  to  Calaveras  valley  where  he  farmed  until 
1861,  and  then  came  to  his  present  place  where  he  has  since  dwelt.  He  is 
one  of  the  many  successful  farmers  of  the  Santa  Clara  valley,  while  as  a 
proof  of  his  sterling  worth,  it  is  sufficient  to  lemark  that  besides  being  a 
School  Trustee  for  many  years  he  was  elected  in  1872  to  serve  four  3'ears  on 
the  Board  of  Supervisors  of  Santa  Clara  county.  Married,  in  Jackson 
county,  Missouri,  Januaiy  1,  1852,  Louisa  Lewis,  and  has:  J.  A.,  born  April 
24,  1858;  M.  A.,  born  February  22,  1856;  Permelia  R.,  born  January  31, 
1858;  and  Louisa  Jane,  bom  Oct(J>er  5,  1860. 


BIOGRAPHIES — FKEMONT    ToWXSilll'.  570 

Benjamin  T.  Bubb.  Bom  in  Wasliington  county,  Missouri,  February 
15,  1888.  At  the  age  of  twelve  years  he  aceonipanif  I  his  parents  to  Cali- 
fornia an.l  arrived  by  way  of  the  plains,  at  Fremont,  on  the  Sacramento 
river,  August  25,  1858.  Thence,  in  March,  1851,  they  moved  to  Downie- 
villc.  Sierra  county;  from  there,  in  July  of  the  .same  year,  they  came  to  Santa 
(Jlara  county,  arriving  in  October,  and  after  stojiping  in  Santa  Clara,  pro- 
ceeded to  Fremont  township  and  settled  on  a  ranch  one  mile  south-west 
from  his  present  residence.  In  18G4  he  located  on  the  ranch  where  he 
now  lives,  where  he  has  one  hundred  and  sixty-eight  acres  in  a  high  state 
of  cultivation.  Married,  June  28,  1871,  Sarah  J.  Smith,  by  whom  he  ha-s 
four  children,  viz.:  Charles  R.,  born  June  3,  1872;  William  F.,  lioni  Feb- 
ruary 8,  1874;  Alice  C,  born  January  21,  1876;  George  R.,  born  (Jctober 
80,  1877. 

William  Henry  Bubb.  Born  in  Washington  count}-,  Missouri,  Decem- 
ber 20.  1880.  lu  the  year  1850  he  came  to  California  with  his  parents 
across  the  plains,  arriving  at  Placerville,  September  2Gth,  and  from  there  to 
Fremont,  on  the  Sacramento  river,  where  they  tarried  three  months  ;  thence 
they  moved  to  Buena  Vista,  Nevada  county, afterwards  to  Downieville,  Yuba 
county,  and  finally  to  Santa  Clara  county,  locating  at  Mountain  View  in 
September,  1851.  Mr.  Bubb  followed  the  business  of  stock-raising  in  con- 
junction with  his  father  until  1855,  and  in  1857  Avent  to  Fre.sno  and  Tulare 
counties,  started  on  his  own  account  and  there  continued  until  1805,  when 
he  sold  out  and  returned  to  the  Santa  Clara  valley.  Mr.  Bubb  is  an  exten- 
sive farmer  in  the  district,  and  besides  owning  a  hundred  and  fifty  acres 
and  a  dwelling-house,  possesses  a  half-interest  in  the  large  warehouses  at  the 
Mountain  View  depot.  Married,  October  16,  1867,  at  Mountain  View,  Susan 
Farrar,  and  has  three  children,  viz.:  Laura  J.,  born  June  2,  1870;  Louisa, 
born  November  27,  1871;  Susan,  born  March  30,  1874. 

F.  W.  Covey.  Burn  in  Sacramento,  California,  September  22,  1856, 
and  wlien  an  infant  removed  to  San  Francisco,  where  he  received  his  educa- 
tion. He  then  entered  into  tlie  business  of  rearing  thoroughbred  horses, 
which  he  continued  in  that  city  until  the  year  1878,  when  he  came  to  the 
magnificent  stock  farm  of  ex-Governor  Leland  Stanford,  as  foreman. 

Lambert  Dornberger.  Born  in  Alsace,  France,  now  Germany,  April 
3,  1828,  where  he  was  educated.  In  July,  1850,  he  landed  in  New  York 
City  and  there  resided  until  1852  when  he  came  to  California  via  Panama, 
arriving  in  San  Francisco  December  6th  of  that  year.  He  was  engaged^ 
until  1854  working  at  his  calling;  he  then  came  to  Fremont  town.ship- 
Santa  Clara  county,  and  August  17,  1854,  located  about  one  mile  from  May- 


580  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

field,  there  residing  until  1857.  He  then  engaged  in  stock-raising  on  tlie 
borders  of  San  Mateo  county,  until  November  2,  1869,  when  he  settled 
where  he  now  resides  near  Mayfield.  Married,  September  10,  1861,  Anna 
Kleinclaus  a  native  of  France,  and  has  Eugene  A.,  born  September  12,  1862; 
Gustave  L.,  born  August  22,  1863;  Albert  L.  and  Victor  (twins),  born  Sep- 
tember 4,  1865;  Anna  J.,  born  September  8,  1868;  George,  born  February 
24,  1870;  Edward,  born  January  21,  1878. 

John  C.  Duchesneau.  Was  born  in  Saint  Francis,  Bellechase  county, 
Canada,  January  27,  1832,  where  he  resided  until  seventeen  years  of  age 
•and  received  his  education  in  a  French-Canadian  school.  In  the  year  1849 
ihe  went  to  Boston,  Massachusetts,  there  learning  the  trade  of  a  blacksmith, 
a,nd  living  until  1852,  when  he  moved  to  Worcester,  in  the  same  State,  there 
remaining  for  a  short  period;  he  next  transferred  his  residence  to  Rhode 
Island  where  he  engaged  in  moulding  bricks.  On  January  27,  1853,  the  sub- 
ject of  this  sketch  started  for  California  and  arrived  in  San  Francisco  June 
10th,  of  the  same  3'ear.  On  landing  in  that  city  Mr.  Duchesneau  com- 
menced brick-making  which  he  continued  until  the  Fall,  when  he  proceeded 
to  Spanish  town,  San  Mateo  county,  and  worked  at  his  trade  for  six  months^ 
then  returning  to  San  Francisco ;  thence  being  employed  in  different  localities 
chiefly  at  the  mines  on  the  Yuba  river,  Sacramento,  American  river,  Vir- 
ginia Flat,  Iowa  Hill  and  Amador  count}^  where  we  find  in  the  year 
1856  he  opened  a  butcher's  shop.  Disposing  of  this  business  in  1857,  he 
moved  about  from  place  to  place  until  1859  when  he  went  to  Oregon,  but 
staying  there  only  eighteen  months  came  back  to  California  and  settled  on 
the  site  now  occupied  by  the  town  of  Mayfield  in  November,  1860,  where  he 
opened  and  conducted  a  blacksmith's  shop  for  fifteen  years.  In  1875  he 
transferred  his  residence  to  Humboldt  county,  coming  back  to  Mayfield  in 
May,  1880.  Married,  October  8,  1860,  Maria  Dolan,  native  of  Ireland,  by 
whom  he  has  two  children,  viz.:  Walford  C,  born  November  22,  1863;  Rosa 
Zoe,  born  September  6,  1867. 

William  F.  F.  Foss.  Born  in  Biddeford,  York  count}-,  Maine,  February 
11,  1849,  and  there  resided  until  June,  1857,  when  he  accompanied  his  parents 
via  the  Isthmus  of  Panama  to  California.  On  arrival  passage  was  taken  on 
the  steamboat  Antelope  for  Folsom ;  thence  they  proceeded  to  Nevada 
county,  and  located  about  five  miles  from  the  city  of  that  name.  At  the 
end  of  a  year  they  moved  to  New  York  Flat,  near  Brownsville,  Yuba 
county,  and  there  dwelt  until  the  year  1870.  The  subject  of  our  sketch 
then  entered  and  spent  five  months  in  the  Normal  school  in  San  Francisco. 
In  1872-73  he  taught  in  Yuba  and  Butte  counties;  in  the  latter  year  he 
entered  the  Normal  school  at  San  Jose,  Santa  Clara  county,  from  which  he 


UlOGUAi'HIES — I'UE.MONT    TuWNSHI  1'.  581 

graduated  in  March,  1874.  After  this  ])eriod  ho  taui^dit  in  schools  in  the 
counties  of  Butte,  Sierra,  and  Colusa,  and  finally,  in  1875,  became  Principal 
of  the  public  school  at  Mountain  View.  Mr.  Foss  is  also  agent  for  several 
insurance  companies,  as  well  as  being  a  Notary  Public. 

The  Honorable  Daniel  Frink.  The  reminiscences  of  the  early  pio- 
neers and  adventurers  on  the  Pacific  coast  must  ever  possess  a  peculiar 
interest  for  the  Californian.  Green  in  their  memory  will  ever  retnain  the 
trials  and  incidents  of  early  life  in  this  land  of  golden  promise.  These  pio- 
neers of  civilization  constitute  no  onlinary  class  of  adventurers.  Resolute, 
ambitious,  and  enduring,  looking  into  the  great  and  possible  future  of  this 
western  slope,  and  possessing  the  sagacious  miml  to  grasp  true  conclusions, 
and  the  indomitable  will  to  execute  just  means  to  attain  desired  ends,  these 
heroic  pioneers,  by  their  subsequent  career,  have  proved  that  they  were  equal 
to  the  great  mission  assigned  them — that  of  carrvino-  the  arts,  institutions, 
and  real  e.ssence  of  American  civilization,  from  their  Eastein  homes,  and 
implanting  it  upon  the  shores  of  arDther  oaean.  Amon:^' the  many  vvho 
have  shown  their  eminent  fitness  for  the  important  tasks  assigned  them, 
none  merit  this  tribute  to  their  characteristics  and  peculiar  worth  more 
full}''  than  the  subject  of  this  .sketch,  whose  portrait  appears  in  this  work. 
He  was  born  in  Chenango  county.  New  York,  August  7,  1827,  and  there 
resided  until  he  reached  the  age  of  nineteen  year's,  when  he  enlisted  in  the 
First  Regiment,  New  York  Volunteers,  raised  to  take  part  in  the  Mexican 
war.  Being  assigned  to  duty  on  the  Pacific  coast,  he  set  sail  in  the  ship 
Loochoo,  and  arrived  in  San  Francisco,  March  26,  1847,  where  he  was 
quartered  until  discharged,  August  15,1848.  Gold  had  now  been  discov- 
ered, and  the  whole  world  would  appear  to  be  en  route  to  the  mines;  to 
them  also  went  Mr,  Frink,  his  choice  falling  on  those  in  El  Dorado  county, 
but  not  finding  much  encouragement  to  rcnain,  he  left  the  district  after 
one  month's  mining,  and  returned  to  San  Francisco.  We  next  find 
Mr.  Frink  passing  the  Winter  of  1848-49  in  Chili,  South  America;  com- 
ing back,  however,  in  the  Spring,  he  once  more  toyed  with  fortune  in 
the  mines,  but  soon  left  for  San  Rafael,  Marin  county,  where  he  established 
a  mill  in  the  redwoods  of  that  county,  wiiich  he  conducted  until  the  Spring 
of  1850,  when  he  again  left  for  the  mines,  this  time  to  the  Yuba  river,  but 
only  making  a  short  stay,  returned  to  Marin  county,  where  he  bought  a 
ranch,  and  embarked  in  stock-raising.  However,  in  1859,  he  disposed  of  this 
farm,  moved  to  Santa  Clara  county,  and  .settled  on  the  land  whereon  he  now 
resides,  consisting  of  four  hundred  acres  of  the  best  soil  in  the  country. 
Mr.  Frink  has  been  a  Justice  of  the  Peace  in  Marin  county.  During  the 
years  1851-52,  he,  with  John  Minge,  were  elected  the  Associate  Justices  to 
form  the  Court  of  Sessions  of  Marin,  Ai  Barney  being  County  Judge,  while 


582  HISTORY    OF    SANTA   CLARA   COUNTY,   CALIFORNIA. 

in  1879,  he  was  elected  to  the  State  Legislature  on  the  RepubUcan  ticket. 
Married,  in  Marin  county,  October  26,  1852,  Pauline  H.  Reynolds,  and  has 
six  children  living,  as  follows  :  William  R.,  born  October  2(3,  1853 ;  Pauline 
E.,  born  January  26,  1856  ;  Daniel  B.,  born  November  8,  1857;  Henry  R., 
born  December  7,  1859;  Robert  A.,  born  April  25,  1865;  Stella  H.,  born 
September  24,  1868. 

Delavan  Hoag.  The  subject  of  this  sketch,  one  of  the  oldest  settlers  in 
Fremont  township,  was  born  in  Montgomery  county.  New  York,  March  20, 
1827.  Wlien  he  grew  to  the  years  of  manhood,  he  followed  the  trade  of  a 
butcher,  and  after,  embarked  in  the  wholesale  sugar  trade,  in  which  he  con- 
tinued until  the  year  1854,  on  the  5th  of  July  of  which  he  started  for  Cali- 
fornia. Arrived  in  San  Francisco  by  way  of  Panama,  on  the  1st  of  August, 
and  on  the  following  day  came  to  Santa  Clara  county,  located  in  Fremont 
township,  where  he  has  been  farming  for  the  past  two  and  twenty  years. 
Mr.  Hoag  is  now  and  has  been  for  three  years  interested  in  mining  enter- 
prises in  Mexico  and  Arizona.  Married,  June  29, 1876,  Elizabeth  Donley,  by 
whom  he  has  Mary  A.,  born  in  Mayfield,  August  1,  1878.  Mrs.  Hoag  has 
by  her  first  marriage,  two  children,  viz.:  Frank,  born  in  Contra  Costa  county, 
September  17,  1866;  Katie,  born  in  San  Mateo  county,  July  14,  1868. 

James  A.  Huflf.  A  native  of  Butler  county,  Ohio,  where  he  was  born 
February  21,  1832.  When  bat  four  years  old  he  went  to  Cass  county,  Mich- 
igan, whither  his  parents  had  moved,  and  there  received  his  education,  and 
was  raised  a  farmer,  an  occupation  he  followed  in  that  place  until  April  6, 

1863,  when  he  started  for  California,  and  arrived  in  Santa  Clara  county 
September  6th  of  that   year.     He   first   settled  in  Mayfield,  but   in  April, 

1864,  located  on  his  present  property  of  three  hundred  and  fifty-eight  acres, 
one  hundred  and  ninety  of  which  belongs  to  the  home  ranch,  where,  in 
1878,  he  erected  a  handsome  and  commodious  residence.  Married,  January 
26,  1856,  Emily  E.  Card,  a  native  of  Cass  county,  Michigan,  and  has  living: 
Henry,  born  December  5,  1864;  Franklin  Lester,  born  March  24,  1867; 
William  Ellsworth,  born  December'18,  1869;  James  Arthur,  born  January 
30,  1876:  Alpheus  Earlan,  born  March  30,  1879. 

George  Warren  LaPierre.  Born  in  Pawtucket.  Rhode  Island,  Octo- 
ber 18,  1829.  When  an  infant  he  was  taken  by  his  parents  to  New  London 
county,  Connecticut,  where  he  received  his  education.  He  then  commenced 
life  for  himself,  first  in  cotton  factories,  at  different  places;  then  to  Yantic 
where  he  learned  the  trade  of  wagon-making,  and  .served  two  vears;  thence 
he  proceeded  to  Stafford  Spring.s,  where,  falling  sick,  he  returned  to  his 
home  at  Fitch ville.  New  London,  Connecticut.      On  January  20,  1853,  Mr. 


BIOGRAPHIES — FREMONT   TOWN.SHIP.  583 

LaPierre  sailed  from  New  York  to  California  in  the  ship  Northern  Light; 
at  San  Juan  he  was  transferred  to  the  steamship  lade  pent  lence.  On  the 
IGtli  Februai-y  was  wrecked  on  San  Margarita  Island,  off  the  Coast  of  Lower 
California,  when  three  hundred  persons  were  lost,  our  subject  and  some 
others  managing  to  make  the  island,  and  thus  saved  their  lives.  Here  they 
were  three  whole  days  with  neither  food  nor  water;  on  the  evening  of  the 
third  day,  however,  they  built  signal  fires  on  the  highest  points  of  the 
island,  and  on  the  following  morning  a  whaling  fleet  hove  in  sight  and  took 
them  off.  Mr.  LaPierre  found  a  refuge  on  board  the  shij)  Fairhaven,  Cap- 
tain Fisher,  where  he  was  compelled  to  remain  for  two  weeks,  at  the  end  of 
which  a  vessel  was  chartered  to  bring  them  to  San  Francisco,  where  be 
arrived  March  31,  1853.  Alter  a  stay  of  a  month  in  San  Francisco,  Mr- 
LaPierre  came  to  Santa  Clara  county,  and  variously  employed  his  time 
until  the  month  of  June,  when  he  engaged  with  Eastin  ^  Larue,  of  May- 
field.  Remaining  here  but  a  short  time  he  moved  to  San  Francisco,  with 
the  intention  of  proceeding  to  the  mines,  but,  meeting  his  brother,  he  was 
dissuaded  from  embarking  in  that  venture,  and  remained  there,  engaged  in 
house-building  during  the  Winter.  The  next  Spring  he  opened  a  wagon-shop 
in  Mountain  View,  but  sold  out  at  the  end  of  two  months,  when  he  once 
more  entered  the  employment  of  Eastin  &  Larue,  and  remained  with  them 
two  years.  After  a  visit  to  Kern  river,  he  came  to  Mayfield,  erected  a 
wagon-shop,  in  partnership  with  his  brother,  and  took  J.  V.  Eastin  into 
the  concern.  Meeting  with  an  accident  about  this  time,  he  disposed  of  his 
interest  to  his  partners,  and  engaged  with  William  Paul,  as  clerk,  where  he 
remained  some  three  years  and  a  half.  During  this  period  he  bought  back 
his  original  shop,  and  rented  it  to  J.  C.  Duchesneau,  with  whom  he  after- 
wards went  into  partnership ;  but,  after  eighteen  months,  disposing  of  his 
share  to  his  associate,  he  joined  J.  N.  Spencer  in  a  grocery  store,  but  selling 
at  the  end  of  a  year  and  a  half  to  Hamilton,  he  remained  in  the  establish- 
ment as  book-keeper,  which  position  he  now  occupies,  the  store  being  at 
present  owned  by  Joseph  Ro.sonblum.  Marrieil,  at  Woodside,  San  Mateo 
county,  June,  1859,  Berthina  Brown,  and  has  three  children,  viz.:  James  H. , 
born  August  10,  18G();  Edward  A.,  born  January  14,  1862;  Jennie,  born 
December  23,  18G5. 

Henry  Daniel  MargOt.  Born  in  Switzerland  October  2(3,  1837.  When 
seventeen  years  of  age  he  came  to  the  United  States  and  soon  after  arriving 
in  New  York  City  commenced  to  work  at  his  trade  of  carriage  building. 
He  did  not  continue  long  at  this  occupation,  however,  but  went  into  the 
country  and  for  some  time  was  employed  on  a  farm.  We  next  find  Mr.  Mar- 
got  engaged  in  house-painting  in  Brooklyn,  New  York,  for  a  year;  then 
in  a  store  for  five  years  in  New  York  City;  and  finally  came  to  this  State  in 


584  HISTORY    OF   SANTA   CLARA    COUNTY,   CALIFORNIA. 

1862,  on  board  the  Moses  Taylor.  Soon  after  his  arrival  in  San  Francisco 
he  entered  a  store  as  clerk  where  he  remained  six  years,  when  he  came  to 
Mountain  View  Station,  Fremont  township,  started  and  still  conducts  the 
first  store  in  that  thriving  village.  Married,  June  3,  1865,  at  San  Francisco, 
Mary  Mulligan,  by  whom  he  has  two  children:  Henry,  born  at  San  Fran- 
cisco, July  11,  1866;  Amy,  born  at  Mountain  View,  April  24,  1871. 

Bernard  Mayer.  Born  in  Dunkirk,  Chautauqua  county,  New  York, 
January  26,  1857.  In  1858  he  came  to  California  with  his  parents  who 
settled  in  Fremont  township,  Santa  Clara  county,  where  the  subject  of  this 
sketch  was  reared  and  educated.  At  the  age  of  sixteen  years  he  entered  the 
drug  store  at  Mayfield,  where  he  continued  until  March  10,  1876,  when  he 
became  sole  owner,  and  is  now  doing  a  thriving  business. 

Jules  Mercier.  Born  in  La  Belle,  France,  in  the  year  1833.  In  the 
year  1852  he  emigrated  to  the  United  States,  came  direct  to  San  Francisco, 
and  in  1853  started  a  wood  and  coal  business  in  that  city  which  he  con- 
tinued until  1856.  From  this  year  until  1863  he  was  master  of  the  Adeline, 
a  sloop  that  plied  between  San  Francisco  and  the  landing  near  Mayfield,  and 
in  1864  purchased  the  ranch  situated  about  three  miles  north  of  Mayfield  on 
which  he  now  resides.  Mr.  Mercier  has  just  completed  on  his  property, 
which  comprises  one  hundred  and  six  acres  of  very  good  land,  a  fine  residence 
with  every  convenience,  where  he  hopes  to  pass  many  da_ys  of  full  enjoy- 
ment.    He  married,  in  1858,  Adeline  Ponce,  a  nativ^e  of  France. 

Henry  McCleary.  Born  in  Indiana,  June  10,  1840,  and  resided  there 
until  fifteen  years  of  age  when  he  went  to  Cass  county,  Michigan,  and 
farmed  until  1863.  In  that  year  he  came  to  Fremont  township,  Santa  Clara 
county,  California,  and  commenced  ranching  near  Mayfield,  but  afterwards 
moved  to  his  present  place,  containing  one  hundred  and  three  acres,  near 
Mountain  View.  Married,  April  1,  1866,  Rachael  Muncey,  and  has  two 
children:     John,  born  March  18,  1867;  Ada,  born  April  4,  1869. 

William  Page.  Born  in  Herkimer  county,  New  York,  March  31,  1826. 
When  quite  young  he  was  taken  to  Oswego  county,  and  at  eighteen  years  of 
age  to  Wisconsin,  where  he  resided  until  1850.  In  that  year  he  came  to 
California  and  commenced  mining  in  El  Dorado  county,  and  meeting  with 
success,  in  four  months  he  returned  to  Wisconsin.  In  1852,  we  find  Mr. 
Page  once  more  in  the  search  for  gold,  this  time  in  Butte  county,  but  fickle 
fortune  had  passed  him  by,  he  therefore,  at  the  end  of  three  months,  removed 
to  San  Mateo  county,  and  entered  into  a  contract  to  cut  timber  for  a  mill, 
near  Searsville.     In  1854,  he  once  more  made  a  venture  at  the  mines,  but 


BIOGRAPHIES — FllEMONT   TOWNSIIIl'.  585 

with  no  better  luck  than  the  hist,  he  tlierefore  retraced  his  footsteps  to  San 
Mateo  county,  and  opened  a  store  at  Sear.sville,  which  he  conducted  tor  thir- 
teen years.  In  1SG8,  he  came  to  Mayfiehl  where  he  has  since  re.sideil,  bein<( 
now  ensaired  in  the  lumber  business.  He  has  an  interest  in  a  \a.r<'(i  tract  of 
timber  land  in  the  southern  portion  of  San  Mateo  county,  also  a  half-interest 
in  a  steam  saw-iuill,  with  a  cajjacity  of  tifteen  tliou.sand  feet  in  tlie  twelve 
hours.  Married,  January  15,  1857,  Sarah  Ann  Smith,  by  whom  there  is  a 
famil}''  of  four  children  living,  viz. :  Francis  E.,boi-n  in  1858;  William  H.,  born 
in  18G3;  Carrie  M.,  born  in  1872 ;  Myrtle  G.,  born  in  1S7!».  They  have  lost  one 
son,  a  child  of  eight  years,  who  was  run  over  on  the  line  of  the  Southern  Pacific 
Railroad  Company. 

William  Paul,  Born  iu  Aberdeenshire,  Scotland,  where  he  received  his 
education;  then  went  out  to  Canada,  where  he  had  a  brother  living  near 
Toronto,  and  spent  two  years  there,  when  he  crossed  over  to  Rochester,  New 
York,  where  he  remained  for  some  time,  then  traveled  through  the  Western 
and  Southern  States,  returning  to  Scotland,where  he  remained  until  1838,  when 
he  emigrated  to  New  South  Wales.  There  he  engaged  in  stock-raising,  which 
proved  disastrous  at  that  time  to  every  one  engaged  in  it.  In  August,  1850. 
he  arrived  in  San  Francisco,  where  he  remained  a  few  months,  came  up  this 
valley  and  engaged  in  farming  and  merchandising  near  the  San  Francis- 
quito  embarcadero.  In  185G,  he  removed  his  store  to  where  Mayfield  is  now 
located,  also  purchased  a  portion  of  the  Robles'  Ranch,  near  by,  where  he  also 
carried  on  farming.  In  1807,  he  employed  Mr.  Bowen,  the  County  Sur- 
veyor, to  lay  out  the  town  of  Mayfield,  which  has  since  become  a  prosperous 
village,  of  about  one  thousand  inhabitants.  In  1868,  he  sold  his  store  to  A. 
G.  Rich,  and  his  ranch,  in  1875,  to  Peter  Coutts.  In  1870,  he  Avas  located 
in  a  mine  in  Diamond  District,  Nevada,  took  out  several  hundred  tons  of 
rich  mineral,  erected  smelting  Avorks  at  great  expense,  but  the  ore  being  of 
that  rebellious  nature  which  could  not  be  worked,  consequently  lost  a  large 
amount  of  money.  In  1871,  he  was  elected  Supervisor  at  Large  for  this 
county,  in  which  capacity  he  served  four  years.  In  1878,  he  revisited  his 
native  land,  having  been  absent  forty  years;  he  also  traveled  through  Bel- 
gium, Germany,  Switzerland,  and  France,  spent  a  month  in  Paris,  visiting 
the  Great  Exposition.  On  his  way  home  he  spent  a  month  in  Canada,  with 
his  only  surviving  brother  who  still  resides  there.  He  now  lives  retired  in 
Mayfield,  looking  after  the  few  remaining  lots  he  has  there  still  unsold. 

Andrew  Jackson  Pitman.  Son  of  Berry  Pitman,  one  of  the  first  .set- 
tlers of  Missouri,  his  grandfather.  Col.  M.  L.  Pitman,  being  one  of  the  first  in 
Kentucky,  and  one  of  the  few  who  founded  Boonsborough  in  1775.  His 
father  was  born  in  Virginia  in  1715,  of  Scotch  parents  who  emigrated  from 


586  HISTORY    OF   SANTA    CLARA    COUNTY,    CALIFORNIA. 

Edinburgh.  Mr.  Pitman  was  born  in  St.  Charle.s  county,  Missouri,  Feb- 
ruar^y  25,  1821,  the  same  year  the  State  was  admitted  to  the  Union.  He 
there  resided  until  he  reached  the  age  of  seventeen.  At  that  time  he  moved 
to  Jackson  county,  Missouri,  and  there  served  an  apprenticeship  at  black- 
smithing  up  to  1840.  Then  he  joined  a  Spanish  freighting  train  under 
Javis  (afterwards  killed  by  the  Indians),  and  in  company  with  Major  Hens- 
ley,  for  New  Mexico,  returning  in  a  few  months.  He  was  appointed  black- 
smith amonof  the  Shawnee  Indians,  and  worked  at  that  business  three  and 
a  half  years,  undergoing  all  the  hardships  and  privations  that  are  incident  to 
early  pioneers.  Leaving  his  Indian  friends  behind,  he  returned  to  Missouri. 
He  was  there  married  to  Armenia  A.  Lewis,  daughter  of  Lindsey  Lewis, 
August  7,  1844,  and  then  turned  his  attention  to  farming.  But  love  of 
adventure  drew  him  into  the  tide  of  emigration  that  settled  for  California. 
On  April  15,  1849,  with  six  mule  teams  they  started  by  way  of  Salt  Lake, 
with  Sam  Lewis  as  Captain.  July  28th  they  made  Hangtown,  now  Placer- 
ville.  After  a  few  days'  rest  for  men  and  teams  they  proceeded  to  Sacra- 
mento and  thence  to  the  mines  on  the  south  fork  of  the  Feather  river,  where 
he  remained  until  washed  out  by  rains  in  December,  '49.  He  then  returned 
to  Sacramento,  where  he  remained  a  few  weeks,  tlien  to  San  Francisco  where 
he  took  passage  on  the  steamship,  Oregon,  for  Missouri,  via  Panama  and  New 
Orleans.  His  return,  however,  was  but  momentary,  for  on  the  loth  of  April, 
1850,  he  once  more  had  his  face  turned  westward,  bringing  his  wife  with 
him,  he  acung  as  captain  of  the  train  which  consisted  of  ten  wagons.  He 
arrived  in  Sacramento  August  23, 1850.  Leaving  that  place  he  proceeded  to 
Nicholas  on  the  Feather  river,  where  he  started  a  hotel,  which,  however,  he 
soon  gave  up  for  a  farm  three  miles  above  Marysville,  Yuba  county,  and 
there  combined  the  two  businesses  of  stock-raising  and  keeping  a  public  house. 
In  this  locality  he  remained  until  December,  1852,  when  he  came  to  Santa 
Clara  county  and  settled  in  Fremont  township,  his  first  few  years  being 
devoted  to  stock-raising  and  dairying,  which,  however,  changed  as  the 
country  settled  up  into  farming,  an  industry  he  followed  with  more  or 
less  success  for  twenty-five  years.  He  is  now  in  the  dairy  business  in  San 
Jose.  Mr.  Pitman  has  been  across  the  continent  no  less  than  thirteen  times, 
twice  by  teams,  ten  times  by  rail,  and  once  by  water.  Who  better  than  he 
can  judge  of  the  advance  of  the  age.  He  has  always  avoided  political  offices, 
farther  than  serving  in  the  capacity  of  School  Trustee,  preferring  instead  a 
domestic  life.  His  married  life  has  been  a  happy  one.  He  has  had  ten  chil- 
dren of  whom  three  are  dead.  The  oldest,  James  M.,  was  born  in  Yuba 
county,  January  30,  1851.  The  rest  were  born  in  Santa  Clara  county. 
Marion  L.,  born  October  2,  1854;  Cornelius  Y.,  born  June  2,  1858;  Berry 
M.,  born  January  21,  1860;  Willie  A.,  born  May  9,  1862;  Belle  M.,  born 
September  22,  1865,  Ernest  A.,  born  September  23,  1869.  Mr.  Pitman  is 
a  member  of  the  Territorial  Pioneers'  Society. 


BIOGRAPHIES — FREMONT    TOWNSHIP.  587 

James  L.  Riddle.  Born  in  Pliiladelphia,  Pennsylvania,  but  when  quite 
young  removed  to  Boston,  Massachusetts,  witli  his  parents  where  he  was 
educated  and  reared.  At  the  age  of  nineteen  years  he  was  apprenticed  in  an 
auction  house  where,  at  the  end  of  nine  years,  he  was  admitted  a  i^artner,  the 
firm  being  James  Allen  &  Co.,  it,  however,  in  a  short  time  dissolved,  when 
Mr.  Riddle  started  in  business  for  himself  in  the  auction  line,  and  so  con- 
tinued until  he  left  for  the  Pacific  coast.  November  13,  1849,  he  sailed  for 
California  via  the  Isthmus  of  Panama  and  on  arrival  at  San  Francisco  estab- 
lished himself  in  the  auction  trade,  but  on  May  4,  18.50,  lost  everything  in  the 
ever-to-be-remembered  great  fire.  He  at  once  laid  in  another  stock  of  goods 
and  was  quickl}'  iti  full  operation  on  Sacramento,  between  Montgomery 
and  Kearny  streets;  on  June  21st  of  the  same  j'ear  he  was  again  the 
victim  of  the  fire-fiend ;  however,  he  purchased  the  lot  on  the  north-east  cor- 
ner of  Clay  and  Montgomery  streets  and  anew  commenced  business  which  he 
carried  on  until  1852,  when  he  converted  his  store  into  a  carriage  repository 
and  imported  the  first  Concord  coach  and  carriages  to  this  coast.  About 
this  time  Mr.  Riddle  bounrht  the  Macondrav  iron  buildinor  on  the  corner  of 
Pine  and  San,some  streets;  he  retired  from  bu.5ine.ss  in  1857,  though  still 
retaining  an  interest  in  that  construction.  He  took  up  his  residence  in  Fre- 
mont township  in  the  year  1869,  where  he  has  a  fine  and  comfortable  resi- 
dence near  the  foot-hills,  on  a  good  farm  of  one  hundred  ami  sixty  acres. 
Married,  in  Boston  in  the  year  1845,  Lizzie  A.  Allen,  who  died  September  21, 
18(i4.     Grace  Ida  is  their  only  child. 

Simon  Saunders.  Is  a  native  of  County  Cork,  Ireland.  In  the  year 
1S5G  he  emigrated  to  the  Australian  gold  fields,  and  having  poor  success,  at 
the  end  of  two  years  took  passage  in  the  .ship  Orestes  for  California,  but  the 
vessel  being  unseaworthy  she  put  in  at  the  Sandwich  Islands  and  was  there 
condemned.  Leaving  the  Islands  in  the  bark  Yankee,  he  an-ived  in  San 
Francisco,  December  4,  1858.  Not  long  after  he  obtained  employment  from 
Dennis  Martin  in  San  Mateo  county  where  he  lemained  two  j'ears,  got  mar- 
ried and  came  to  Santa  Clara  county.  He  farmed  for  fourteen  years  on  the 
Martinez  ranch  then  came  to  his  present  place  near  Mayfield,  where  he  has 
had  his  residence  during  the  past  six  years.  In  the  year  1870  Mr.  Saunders 
paid  a  visit  to  Europe.  He  is  the  owner  of  two  hundred  and  twenty  acres 
of  land  in  this  county,  while  he  has  been  agent  for  the  last  seven  years  for  J. 
Clark,  the  owner  of  vast  possessions  in  Fremont  township.  Mr.  Saunders  is 
one  of  those  men  who  by  dint  of  hard  work,  indomitable  perseverance  and 
a  .strict  attention  to  duty,  has  made  a  stake  in  the  country.  He  married  at 
Redwood  City,  San  Mateo  county,  September  3,  1859,  Bridget  McNamara,  a 
native  of  County  Clare,  Ireland,  by  whom  he  has  one  .son  and  two  daughters 
at  present  living. 


588  HISTORY    OF   SANTA    CLARA    COUNTY,    CALIFORNIA. 

Gilbert  E.  Shore.  Born  in  Crawford  county,  Missouri,  October  4, 184G. 
Came  to  this  county  and  township  in  tlie  month  of  August,  1852 ;  was  edu- 
cated in  this  and  Contra  Costa,  graduating  from  a  college  in  the  latter 
county,  and  now,  besides  being  an  extensive  grain  buyer,  farms  two  hundred 
and  forty  acres  of  land  near  Mountain  View.  Married,  April  13,  1870, 
Emily  Bullard,  and  has  thi-ee  children:  Anna,  aged  seven.  Mary,  aged  three, 
and  Richard  E.,  aged  two  months. 

Ellas  Fulton  Springer.  Born  near  Potosi,  Washington  county,  Mis- 
souri, March  10,  1831.  In  May,  1852,  he  left  his  native  place  for  California 
by  ox-tearas  via  the  plains  and  came  direct  to  Santa  Clara  county,  in  Fre- 
mont township,  where  in  a  few  weeks  after  his  arrival  in  September,  he  was 
married  to  Miss  Kate  Shore,  October  14,  1852.  Began  farming  on  rented 
land  with  but  little  suc-€ess,  and  in  1868  bought  a  farm  between  Gilroy 
and  Hollister,  farming  it  for  four  years.  He  sold  out  and  bought  the 
farm  on  which  he  now  lives  near  Mountain  View — a  most  delightful  and 
charmino-  home,  where,  with  a  conscience  void  of  otlense  toward  God  and 
man  he  hopes  to  pass  the  remainder  of  his  days.  Mr.  Springer's  children 
now  living  are  Lida  H.,  the  wife  of  Thos.  Chappelle,  Santa  Maria,  San 
Luis  Obispo  county,  California,  born  October  28,  1853;  Charles  T.,  born 
April  29,  1802;  Lizzie  F.,  born  July  15,  18G4;  Susie  B.,  born  June  29,   1808- 

M.  0.  Stanley.  Was  born  in  Clarke  county,  Missouri,  December  19, 
1848,  where  he  followed  farming  until  1870  when  he  started  for  California, 
arriving  in  February  of  that  year.  Not  long  after  he  proceeded  to  Hum- 
boldt county,  where  he  worked  for  three  years  in  a  butcher's  shop,  at  the 
end  of  which  time  he  came  to  May  field,  about  February,  1873,  and  found 
employment  in  the  Mayfield  Livery  Stable,  there  remaining  until  1878  when 
he  purchased  the  remaining  shares,  October  20,  1879,  and  now  conducts  the 
entire  establishment. 

S.  P.  Taylor  (Deceased).  The  subject  of  this  sketch  was  born  in  Green 
county,  Kentucky,  May  4,  1826,  and  there  resided  until  he  was  ten  or  twelve 
years  old.  He  then  went  with  his  parents  to  Jackson  county,  Missouri, 
where  he  lived  for  a  number  of  years ;  then  to  Pleasant  Hill,  Cass  county, 
for  about  fifteen  yeai's,  and  on  April  14,  1853,  left  for  California.  Having 
crossed  the  plains  with  ox-tearas  he  came  direct  to  Santa  Clara  county,  and 
after  a  few  months  went  to  the  redwoods  in  San  Mateo  county  where  he 
worked  for  one  year,  at  the  end  of  which  he  returned  to  this  county  and 
located  on  Adobe  creek,  Fremont  township,  where  he  farmed  for  two  years. 
Mr.  Taylor  next  moved  to  near  Mountain  View  where  he  commenced  the 
butcher  business,  combining  farming  with  it,  which  he  followed  until  1800. 


EIOGHAIMIIES — I'liE.MU.NT    ToW.N.SJUl'.  589 

At  this  time  he  opened  a  hotel  and  store  at  Mountain  View,  and  was 
engaged  in  managing  these  at  tlie  date  of  liis  death,  December  14.  1877. 
During  tlie  residence  of  Mr,  Ta^dor  at  Mountain  View  he  tilled  tiie  impor- 
tant otHces  of  Postmaster,  for  ten  years;  Notary  Public  for  three  years;  and 
agent  for  Wells,  Fargo  &•  Co.,  for  eight  years.  He  married,  in  Missouri 
March  '2,  1852,  Miss  Letitia  Kil'er  by  whom  there  are  :  Mary  A.,  born 
December  27,  1S52  ;  Samuel  A.,  born  May  23,  1855,  who  now  conducts  the 
hotel  in  conjunction  with  his  mother;  Clara  E.,  born  September  25,  1857; 
John  A.,  born  November  1,  1800;  Lucy  B.,  born  September  12,  18(j3; 
George  G.,  born  September  5,  1867. 

James  H.  Van  Reed.  Born  in  Berks  county,  Pennsylvania,  Nov.ember 
2,  18()'J,  where  he  resided  for  the  first  thirty-tive  years  of  his  life.  On  com- 
ing of  age  Mr.  Van  Reed  started  the  manufacture  of  paper,  an  industry  he 
prosecuted  for  some  3^ears;  he  next  established  him.self  as  a  broker  in  Phila- 
delphia and  so  continued  until  he  left  tor  the  Pacific  coast.  July  4, 1851,  he 
set  sail  by  way  of  the  Isthmus  for  California  on  .steamer  Panama  and 
arrived  at  San  Francisco,  August  19th  of  the  same  3-ear.  On  arrival  he  at 
once  started  in  business  as  a  gold-dust  bi'oker  which  he  continued  until  July 
1853,  when  he  returned  to  the  Eastern  States  and  brought  back  his  family. 
On  his  return  he  embarked  in  the  real-esiate  business  in  which  he  remained 
until  1871,  the  date  of  his  taking  up  his  residence  in  Santa  Clara  county.  The 
farm  on  which  he  lives  is  the  property  of  Mrs.  Van  Reed,  and  was  a  wilder- 
ness when  first  occupied,  but  by  great  care,  much  perseverance  and  good 
taste,  'the  wildest  spots  have  been  given  an  air  of  quiet  repose,  while  the  most 
dense  brush  has  been  so  fashioned  as  to  leave  a  picture  of  marvelous  beauty. 
Married,  in  Berks  county,  November  6,  1832,  Julia  H.  Miller  by  whom  he 
has  two  children  living,  and  two  dead:  Eugene  M.,  Consul  General  for  the 
Sandwich  Islands  in  Japan,  born  in  Berks  county,  Pennsylvania,  1835,  died 
on  board  steamer  Japan,  en  route  to  San  Francisco  February  8,  1873;  I\Iar- 
garet,  born  in  Berks  county,  Pennsylvania,  1840;  William,  Captain  Com- 
pany B,  Fifth  U.  S.  Artillery,  stationed  on  the  coast  of  Florida,  born  in 
Berks  county,  Pennsylvania,  in  1841 ;  and,  Kate  I.,  born  in  Berks  county, 
Pennsylvania,  and  died  there  in  1878. 

George  T.  Wagstaff.  Was  born  in  Guernsey  count}^  Ohio,  August 
30,  1832,  where  he  was  educated,  and  served  in  his  father's  store  until  he 
started  for  California.  He  arrived  in  this  State  in  August,  1852,  and  lived 
for  the  first  seven  years  in  Pine  Grove  and  La  Porte,  Sierra  county,  owning, 
during  that  time,  several  of  the  largest  mines  in  that  district.  From  there 
he  went  to  Hamilton,  Butte  county,  where  he  sojourned  three  years,  con- 
ducting a  hotel,  and  being  Postmaster.    We  next  find  Mr.  Wagstatl'  assisting 


590  HISTORY    OF    SANTA    CLARA   COUNTY,    CALIFORNIA. 

in  the  laying  out  of  an  orchard  in  Ventura  county;  from  there  he  proceeded  to 
Paso  Robles  Springs,  San  Luis  Obispo  county,  where  he  herded  sheep  for 
three  months;  thence  to  Napa  county,  being  employed  by  R.  B.  Woodward 
for  seven  months;  next  to  Knoxville,  Lake  county,  for  two  years,  engaged 
in  quicksilver  mining;  and  finally  to  Mountain  View,  and  got  married,  but 
left  for  Sutter  county,  returning,  however,  at  the  end  of  eighteen  months  to 
settle  in  Fremont  township.  For  six  j^ears  he  was  in  the  employ  of  the 
Southern  Pacific  Railroad  Company  ;  he  then  rented  the  hotel  at  Mountain 
View  Station,  owned  by  Weilheimer  Brothers,  which  he  conducted  for  three 
years,  at  the  end  of  which  he  opened  his  saloon,  being  also  engaged  in  trans- 
actions in  hay  and  grain.  Married  Murilla  J.  Levin,  a  native  of  the  State 
of  Illinois,  by  whom  he  has  three  children:  Belle,  born,  January  25,  1807; 
Selah,  born,  July  15,  1S68,  Lotta,  born,  March  2,  1872. 

Honorable  Joseph  Sawyer  Wallis.  The  subject  of  this  sketch  was 
born  in  Salem,  Massachusetts,  October  24,  1825,  and  received  a  liberal  edu- 
cation in  his  native  State.  In  the  eventful  year  of  1819,  Judge  Wallis  organ- 
ized, at  Salem,  a  companv  of  twenty  persons,  mostly  young  men,  under  the 
name  of  the  Naumkeag  Mutual  Trading  and  Mining  Company,  of  wdiieh  he 
was  President,  for  the  purpose  of  operating  in  the  gold  fields  of  California. 
He  sailed,  wath  his  company,  in  the  ship  Counted,  Thorndike  Proctor,  Mas- 
ter, from  Boston,  January  24,  1849,  arriving  in  San  Francisco,  July  19th, 
of  the  same  year.  At  Sacramento  the  company  disbanded,  when  the  Judge 
organized  another  company,  and  went  to  the  mines  on  the  middle  fork 
of  the  Yuba  river,  minino-  with  success  till  the  4th  of  November  fol- 
lowing,  when  he  returned  to  San  Francisco,  and  applied  himself  to  the 
study  of  law.  On  the  15th  of  August,  1855,  he  was  admitted  to  practice  at 
the  Bar  of  the  Supreme  Court  of  this  State.  He  followed  his  pi'ofession  at 
San  Francisco  till  November,  1857,  when  he  removed,  with  his  family,  to 
Mayfiekl,  in  this  county,  where  he  has  practiced  his  profession  ever  since. 
He  has  ever  been  an  active  and  prominent  Republican  in  politics,  of  the  rad- 
ical type.  In  1848,  he  w^as  an  alternate  delegate  from  his  native  place  to, 
and  attended,  the  National  Free  Soil  Convention,  at  Buflklo,  New  York.  In 
1858,  he  was  elected  a  Justice  of  the  Peace,  for  Fremont  township,  and,  in 
the  same  year,  was  chosen  an  Associate  Justice  of  the  Court  of  Sessions,  for 
this  county,  and  served  one  term.  In  1862-63,  he  represented  this  county 
in  the  State  Senate.  He  was  married  to  Sarah  Green,  July  25,  1854,  and 
has  four  children  living,  viz.:  Eva,  born  October  27,  1855 ;  Josephine,  born 
March  20,  1857;  Joseph,  born  March  18,  1859;  William  A.,  born  June  11, 
1861.  Talbot  H.  Wallis,  born  July  3,  1851,  the  present  Deputy  State 
Librarian,  is  his  step-son. 

Frederick  WiUiam  Weisshaar.     Born  in  Saxony,  Weimar,  July  2, 
1832,  where  he  received  a  collegiate  training,  and  was  educated  a  theoret- 


BIOGRAl'lULS — i'KEMuNT    ToW.NSllU'.  .391 

ical  farmer,  a  business  he  followed  before  Icavii-fr  Ins  Fatherland.  In  the 
year  1852,  he  eniigrated  to  the  United  States,  and  tiist  settled  in  Ualtinioie, 
Maryland,  but  not  finding  in  that  city  a  congenial  occupation,  he  went  into 
the  country  and  worked  at  various  employments;  in  a  short  time,  liowever, 
returning  to  Baltimore,  he  made  arrangements  to  proceed  to  New  Orleans, 
but  being  laid  low  for  nine  weeks  with  yellow  fever,  he  changed  liis  location 
to  St.  Louis,  thence  to  Lexington  county,  Missouii;  made  two  trips  more 
to  New  Orleans,  and  finally  started  for  Nicaragua,  intending  to  settle  there. 
At  this  period,  Walker,  the  filibuster,  held  swa}-  in  that  region,  ;ind  lacing' 
in  want  (.'f  men,  among-  other  necessaries,  determined  to  pixss  Mr.  Weiss- 
haar  into  his  service,  but  not  desiring  the  questionable  glory,  and  pn^bable 
fate,  of  a  soldier  of  fortune,  tliat  gentleman  laid  his  case  before  the  Prussian 
Consul,  who  at  once  effected  his  release,  thus  saving  him  from  the  eventual 
fate  of  Walker  and  his  buccaneer.s.  Mrs.  Weisshaar,  not  bein<r  smitten  with 
this  country  of  snakes,  scorpions,  and  freebooters,  prevailed  upon  her  hu.s- 
band  to  leave  its  inhospitable  shores.  He  therefore  left  for  California,  and 
arrived  at  San  Francisco,  June  20,  1856.  After  woiking  at  day's  labor  for 
a  twelvemonth,  he  obtained  employment  in  the  furniture  business  of  Mr. 
Bid  well;  and  there  continued  until  the  excitement  con.sequent  on  the  discov- 
ery of  gold  on  the  Frazer  river.  Our  subject  at  once  made  up  his  mind  to 
start  for  British  Columbia,  but,  fortunatelv  for  him.self  he  changed  his  inten- 
tion,  and  entered  the  iurniture  store  of  J.  A.  Collins,  for  whom  he  Avorked 
until  he  sold  to  James  B.  Goodwin,  with  whom  he  remained  until  the  year 
18C2,  in  which  year  he  came  to  Maytield,  where  he  purchased  land,  which, 
dividing  into  town  lots,  he  sold,  and  now  owns  several  houses  in  Mayfield, 
besides  a  farm  on  the  coast.  Mr.  Weisshaar  has  been  a  School  Trustee  for 
nine  years,  and  has  been  re-elected  for  three  years  more.  ^larried,  at 
New  Orleans,  Odilia  Diss,  by  whom  he  has  F.  William.,  born  December  9, 
185G;  Jo.seph,  born  March  19,  1858,  died  of  lock-jaw,  April  13,  1808;  D. 
L.  Elizabeth,  born  January  4,  1800;  Louis  G.,  born  July  5,  18C1;  Fran- 
cisca  M.,  born  January  1,  1805;  Emil  F.,  born  November  8, 18GG;  Nathalia 
F.,  born  February  20,  1808;  Pattilia  J.,  born  November  20,  1809. 

John  A.  Wright.  Born  in  Middlesex  county,  Massachusetts,  Septem- 
ber, 19,  1842,  where  he  learned  his  trade  of  carpenter.  In  1802,  he  shipped 
on  board  the  bark  Panama,  in  the  capacity  of  ship's  carpenter,  and  in 
her  sailed  for  Australia,  and  finally  concluding  the  voyage  in  San  Francisco 
harbor,  where  he  arrived  in  the  Fall  of  1863.  He  at  once  went  into  the 
ship  and  house  building  trade,  which  he  followed  until  1809,  when  he  came 
to  Santa  Clara  county,  and  commenced  working  at  Mayfield,  but  ultimately 
removed  to  Mountain  View,  where  he  now  resides,  and  carries  on  the  bus- 
iness of  a  contractor  and  buildcn*.  Mr.  Wright  is  the  constructor  of  many 
of  the  finest  edifices  in  his  neighborhood. 


592  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 


GILROY  TOWNSHIP, 


W.  Z.  Angney     {Deceased).     The  subject  of  this  narrative,  whose  jwr- 
trait  appears  in  this  work,  was  born  in  Carlisle,  Pennsylvania,  October  3,  1818, 
and  died  at  his  residence  in  Gilroy  township,  January  28, 1878.     He  received 
his  education  primarily  in  the  grammar  department  of  the  High  School  of  his 
native  place,  and  at  the  age  of  seventeen  years  entered  Dickenson's  College, 
from  which  seat  of  learning  he  graduated,  with   honors,  at  the  end  of  four 
yeai's.     He  then    entered    upon  the  study  of   law,   reading  for    two   years, 
under  Mr.  Alexander,  of  Carlisle.      Soon  after,  Mr.  Angney  removed  to  Jeffer- 
son City,  Missouri,  where  he  was  admitted  to  the  Bar,  at  the  same  time  as 
P.  0.  Minor,  of  San  Jose'.     Here  he  remained  between  four  and  five  3'ears 
when,  the  Mexican  M^ar  breaking  out,  he  joined  the  army,  and  was  appointed 
a  Lieutenant;  a  subaltern's  work   was  to  be   his  only  for  a  short  time;  he 
was  soon  promoted  to  a  company  as   Captain,  and  in  the  campaign  rose  to 
command   a  Brigade  of  Regulars,  in  all  of  which  responsible    positions  he 
displaj^ed  both  skill  and  courage.     At  the  close  of  hostilities  he  was  chosen 
one  of  the  Delegates  to  Washington,  D.  C,  in  the  interests  of  New  Mexico 
in  regard  to   her  admission  into  the  Union.     After  a  year  on  that  duty  he 
returned  to  New   Mexico,  and  in  1851  came  to  California,  in  charge  of  a 
large  party,  he  being  the  first  person  to  drive  sheep  over  that  route.     After 
traveling  through  California  for  some  months,  he  made  a  visit  to   his  native 
State,  but  returned  to  the    Pacific  coast,  via  Panama,  and  took  up  his  resi- 
dence in  San  Francisco  in  18G3,  where  he  entered  upon  the   practice  of  his 
profession,  and  continued  it  for  one  year.     In  the  course  of  time  Mr.  Angney 
had  become  well-known  and  gathered  about  him  a  great  many  clients  and 
a  large  practice ;  but,  having  conscientious  scruples  in  regard  to  the  practice 
of  law  in   San   Francisco  in  those   days,  he  abandoned  the  office    and  the 
desk,  and,  purchasing  a   band  of  sheep,  came  to   Santa  Clara  county,    and 
established  himself  upon  the    ranch  of   three   hundred  and    seventy   aci'es 
where   his   widow  now    resides.     Mr.    Angney  had  alwa3's  taken  an  active 
part  in  all    enterprises  that  tend  to   enlighten   and   elevate  the  mind.     He 
was  a  member  of  the  Legislature  in  18C7-C8;  was  elected  to  the   Senate  for 
four  years  in   1S75,  and  it  was  when   home  from   his  labors  in  the  Upper 
House  that  he  was  gathered  to  his  Father.     Captain  Angney  was  consid- 
ered a  fine  scholar,  a  polished  gentleman,  a  true  friend,  a  bold  eneni}^,  and, 
above  all,  an  Jwnest  inan.     His  friends  loved  him;  his  enemies  feared  him; 


BrOORAPHTKS — OILTtOV    TnWXSIIIP.  593 

he  was  also  a  tine  entertainer,  full  of  ImuiDr,  full  of  (•lii-iTlHlness,  and  the 
best  company  in  the  wide  world.  Hi-  was  twice  married;  rn>f,  in  l.S.")(),  to 
an  Elntirlish-Spanish  lady,  of  Santa  Fe',  New  Mexico.  One  daii^'hter  was 
born  of  this  union,  Miss  Annie,  now  \n  Enu^land.  Hi;  was  nuirried  again,  in 
San  Franci.sco,  April  24,  1863,  to  a  Miss  Withani,  a  native  of  O.Kfoi'd  eonnty, 
Maine.  After  the  death  of  om-  subject  tin.-  ibllovving  ver.se  was  found  in  liLs 
pocket:  — 

"  We  diu  :i<it  .-ill,  for  our  di't'da  rcinniii 
To  crown  with  honor  or  mar  \\  itli  stain. 
Through  endless  sequence  of  years  to  come, 
Our  lives  shall  speak,  though  our  lips  are  dumb." 

George  Anson.  Was  born  in  Loi^aii  county.,  Kentucky,  January  IS 
18U).  Wlien  eleven  years  of  age  he  went  with  his  parents  to  Pike  county 
Missouri.  In  1835  we  find  Mr.  Anson  in  Black  Hawk  Purchase,  forty-five 
miles  above  the  mouth  of  the  Des  Moines  river,  afterwards  becoming 
Van  Buren  county.  State  of  Iowa;  being  reared  a  farmer,  here  he  remained 
until  1850,  when  he  cro.sscd  the  plains  to  California,  arriving  at  Hangtown 
(now  Placerville)  August  20 th  of  that  year.  He  proceeded  to  Coloma,  where 
he  mined  until  October  1st,  and  then  came  to  Santa  Clara  county,  remain- 
ing until  February,  1857,  when  he  returned  to  the  mines,  continuing  there 
until  August;  then,  coming  back  to  this  county,  farmed  for  a  year  near 
San  Jose,  when  he  purchased  a  ranch  near  to  Dr.  Bascom's,  and  there 
dwelt  until  the  month  of  November,  1853;  at  this  time  he  came  to  Gilroy 
township,  bought  a  squatter's  claim,  near  the  town  of  that  name,  and  in 
July,  1858,  purchased  his  rancli  of  two  hundred  and  eight3^-seven  acres, 
two  miles  north-west  of  Gilroy,  where  he  is  now,  and  has  since  resided. 
Mr.  Anson  remains  single. 

Silas  G.  Babb.  Born  in  Henry  county,  Tennessee,  July  25,  18-il. 
When  but  four  years  of  age  he  moved  with  his  parents  to  Arkansas,  where 
he  resided  for  nine  years;  then  he  moved  to  Navarro  county,  Texas,  and 
five  years  later,  to  Tarrant  county  in  the  same  State.  In  the  year  1857  he 
proceeded  to  Arizona  Territory  where  he  remained  until  1858,  in  April  -of 
which  year  we  find  him  in  San  Diego,  California.  In  the  Spring  of  1859 
he  moved  to  San  Benito  county  and  engaged  in  mining  in  Holcomband  Bear 
valleys  from  the  Spring  of  1860  to  the  Fall  of  1861,  at  which  time  he  pur- 
chased stock  and  drove  them  to  San  Luis  Obispo,  where  he  arrived  in 
October,  1861.  Leaving  his  cattle  liere  he  proceeded  to  Santa  Cruz  county 
and  commenced  operations  in  the  redwoods  which  he  continued  until  the 
Spring  of  the  following  year;  he  then  came  to  Santa  Clara  county  and 
located  on  Hanna  Brothers'  ranch,  where  he  worked  for  wages  until  the 
Spring  of  1867.  In  the  Fall  of  that  year  he  removed  to  Salinas,  Monterey 
38 


594  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

county,  and  there  established  the  first  meat-market  in  Natividad.  In  April, 
1868,  he  opened  the  first  butcher  shop  in  Salinas  City  which  he  conducted 
eight  months,  and  selling  out  in  November,  returned  to  Santa  Clara  county 
and  located  at  Gilroy.  In  1869  he  purchased  stock  and  took  up  government 
land  at  the  head-waters  of  the  Los  Banos  creek,  in  Fresno  county,  but  has 
made  his  residence  in  Gilroy.  Mr.  Babb  remained  in  the  stock  trade  until 
the  Fall  of  1875,  and  in  1876  embarked  in  an  express  and  truck  business,^ 
but  sold  out  in  1880.  Married,  in  California,  January  1,  1871,  Elizabeth 
Philbert,  a  native  of  Missouri,  and  has:  Sarah  E.,  born  June  4,  1875; 
Minerva  M.,  born  October  16,  1877;  George  W.,  born  November  9,  1878; 
Maggie  H.,  born  September  7,  1880. 

William  Wallace  Beauchamp.  Was  born  in  Piatt  county,  Missouri, 
July  80,  1836.  In  1844  he  took  up  his  abode  in  Holt  county,  and  there 
was  reared  a  farmer.  In  1850,  in  company  with  his  father  he  crossed  the 
plains  to  California  with  ox-teams,  and  first  located  in  Contra  Costa  county, 
where  they  arrived  in  October  of  that  year.  Here  he  resided  for  ten  years 
except  one  twelvemonth  which  he  passed  in  Oregon.  In  1860  he  came  to 
this  county  and  farmed  near  Santa  Clara,  and  in  1863  removed  to  his 
present  ranch  comprising  one  hundred  acres  in  Gilro}^  township.  Married, 
September  26,  1858,  Mary  E.  Lovell,  a  native  of  Kentuck37-,  and  has:  Delia 
A.,  born  October  10,  1860;  Theodore  'Edwin,  born  November  18,  1865; 
Robert  Lee,  born  December  13,  1867;  Laura  A.,  born  July  27,  1869;  Wil- 
liam Ira,  born  August  17,  1876. 

George  E.  Bennett.  Born  in  Litchfield  county,  Connecticut,  August 
25,  1831,  where  he  was  educated  and  served  eighteen  months  at  the  black- 
smith's trade.  In  the  year  1850  he  came  to  California  via  the  Isthmus  of 
Panama  arriving  in  San  Francisco  in  November,  1850.  He  first  proceeded 
to  Stockton,  and  thence  to  Sonora,  where  he  engaged  in  merchandising,  and 
teaming  to  Stockton  besides.  In  the  Spring  of  1852,  with  a  brother,  he 
became  interested  in  a  saw-mill  doing  business  at  Sonora  under  the  firm 
name  of  Slacy,  Turner  &  Bennett,  but,  owing  to  failure  of  health,  he  dis- 
posed of  his  interest  therein  and  started  in  the  stock  business  ab(jut  five 
miles  north  of  Stockton.  This  enterprise  he  disposed  of  in  the  Winter  of 
1852-3,  and  becoming  a  speculator  in  beef,  he  finally  drifted  into  the  sheep 
business  in  San  Joaquin  county.  Mr.  Bennett  now  became  interested  in 
stock-raising  in  the  counties  of  San  Luis  Obispo  and  Monterey  until  1862; 
in  that  year  he  took  up  his  residence  in  Gilroy,  Santa  Clara  county,  to  have 
the  benefit  of  its  educational  advantages  for  his  children  ;  and  there,  in  1865, 
he  opened  the  establishment  which  he  now  conducts.  Married,  April  11, 
185.8,  Eunice  Pidge,  a  native  of  Michigan,  and  has:     Joseph   Edmund,  born 


T.ior.TiAT'TTiKS — niT.rvOv  Towxsmi'  595 

January  28,  185!):  "William  (\,  Ihmii  May  15, 18G1;  Elna,  born  June  15,  \H()H, 
died  June  17,  1867;  Alice  G.,  born  May  18,  18GG;  Abbie  J.,  born  -Inly  \2, 
1867,  died  September  U),  18G8. 

F.  W.  Blake.  Tlie  pi-escnt  editor  and  proprietor  of  the  Gilroy  Advo- 
cate, was  boru  and  educated  in  the  city  of  London,  P^ngland.  His  father 
was  a  physician  and  his  mother  a  daughter  of  WilHam  Lansley,  master- 
builder  and  contractor  of  Andover,  Hants.  His  brothers  were  educated  in 
their  father's  profession,  and  one  is  now  practicing  in  England,  and  another 
in  San  Francisco,  California.  F.  W.  Blake  had  no  taste  for  medicine,  and 
a  cleikship  was  obtained  for  him  in  one  of  the  bonded  warehouses  of  the 
Custom  House  on  tlio  river  Thames.  For  five  years  he  was  thrown  daily  in 
contact  with  the  officers  of  trading  vessels,  and  after  the  death  of  his  parents 
in  his  twenty-third  year,  he  was  persuaded  to  accompany  a  friend,  the  cap- 
tain of  a  merchantman,  on  one  of  his  voyages.  In  May,  1861,  he  landed  in 
New  York;  after  remaining  there  a  few  weeks  he  moved  westward  to  Chicago. 
He  soon  after  joined  the  telegraph  expedition  and  crossed  the  plains,  winter- 
ing in  Salt  Lake  City  and  arriving  the  following  Spring  in  San  Francisco. 
The  first  twelve  years  in  this  State  were. spent  in  the  mercantile  business; 
the  last  eight  have  been  devoted  to  journalism.  He  was  always  partial  to 
controversy  and  literature,  and  when  be  entered  upon  the  duties  of  the  edi- 
torial sanctum  he  was  a  read}'  writer.  The  San  Pernio  Advance,  foufided  by 
William  Shaw,  an  able  journalist,  lost  none  of  its  popularity  under  the  man- 
agement of  Mr.  Blake.  The  Gilroy  Advocate  has  since  prospered  under  his 
control.  Few  country  papers  have  a  more  respectable  standing.  It  ably 
chronicles  all  matters  of  local  interest.  It  has  done  much  to  establish  the 
reputation  of  Gilroy  as  one  of  the  best  localities  for  a  home  in  the  State. 
Mr.  Blake  is  in  the  prime  of  life,  of  firm  purpose,  and  resolute  di.sposition,  but 
with  a  kindly  heart,  ever  ready  to  lend  a  helping  hand  to  the  necessitous  and 
worthv. 

William  Brannan.  Born  in  County  Mayo,  Ireland,  December  25,1880 
When  four  yeai's  old  he  accompanied  his  parents  to  the  L^nited  States,  who 
located  at  Oswego,  New  York,  whei-e  the  subject  of  this  sketch  was  reared. 
We  next  find  Mr.  Brannan  serving  his  apprenticeship  at  Buffalo,  there 
remaining  five  years  in  the  confectionery  business;  his  parents  then  moved 
to  Chicago,  where  his  father  died.  On  account  of  ill-health  our  subject  was 
obliged  to  abandon  his  tiade ;  he  therefore  followed  the  sea  for  a  livelihood, 
until  he  came  to  California  in  November,  1850.  On  arrival  he  at  once  went 
to  the  mines  in  YA  Dorado  county  and  there  worked  for  fifteen  years;  then 
left  and  went  to  hotel  keeping  on  the  Placerville  and  Carson  valley  wagon 
road  ;  then  moved  to  Gilroy  and  went  in  the  grain,  hay  and  livery  business 
on  Eigelberry  street,  at  which  place  he  now  resides. 


596  HISTORY- OF   SANTA    CLARA    COUNTY,    CALIFORNIA. 

The  Honorable  H.  W.  BriggS.  The  subject  of  this  narrative  was  born 
in  Eonie,  Oneida  county,  New  York,  August  25,  1819,  and  is  consequently 
in  his  sixty-second  year.  His  early  schooling  was  received  in  the  institutions 
of  learning  in  Lewis  county  in  that  State,  until  he  attained  the  age  of  thir- 
teen years,  when  he  entered  a  business  house  in  the  capacity  of  clerk,  in  Rome, 
and  there  remained  three  years.  At  eighteen  he  moved  to  Lake  count}-^ 
and  commenced  the  career  of  a  school  teacher;  from  liere  he  proceeded  to 
Giles  county,  Tennessee,  where  he  married  and  for  several  years  taught  at 
Beech  Grove  Seminary  and  Marshall  Academy,  and  afterwards  at  Spring 
Creek  .Academy,  Madison  county,  Tenne.ssee,  moving  thence,  in  1847,  to 
Davis  county,  Iowa,  where  he  started  a  mercantile  business  in  Troy.  While  a 
resident  of  this  town  Mr.  Briggis  was  appointed  postmaster;  and  took  an  active 
lead  in  all  the  enterprises  which  tended  to  build  up  the  place  and  promote  its 
growth.  He  was  elected*  to  the  Board  of  Supervisors  in  1849,  and  in  1851, 
he  was  chosen  to  fill  the  high  position  of  County  Judge,  on  whom  devolved, 
at  that  time,  all  of  the  duties  now  performed  by  the  Supervisoral  Board,  and 
by  the  Probate  Court,  together  with  criminal  jurisdiction.  That  he  was 
eminently  successful  in  this  sphere  of  his  labors  is  best  told  in  the  fact  tliat 
during  his  four  j^ears  tenure  of  othce  only  a  single  appeal  was  taken  from  his 
to  a  higher  court,  and  in  this,  his -judgment  was  sustained,  a  bright  example 
of  an  evenly  balanced  mind,  and  all  the  more  creditable  when  it  is  taken  into 
consideration  that  during  these  years'  Mr.  Briggs  was  forced  to  divide  the 
cares  of  his  mercantile  labors  with  those  of  his  legal  position.  In  the  year 
1859,  disposing  of  his  business,  he  came  to  California,  intending  to  enibark 
in  farming  operations,  therefore  in  the  month  of  October  of  that  year,  on 
arrival  in  Santa  Clara  county,  he  purchased  a  tract  of  land  in  the  Berreyes.«a 
settlement  near  San  Jose  and  commenced  tilling  the  soil,  but  unfortunately 
losing  his  leg  by  an  accident  in  a  threshing  machine,  July  18,  1800,  this 
vocation  was  brought  to  a  premature  end.  Though  being  the  victim  of 
misfortune  Mr.  Briggs  was  not  to  remain  inactive;  he  was  elected  at  the 
Presidential  election"of  November  G,  18G0,  on  the  Republican  ticket,  to  the 
As.sembly,  when  he  received  one  thousand  four  hundred  and  seventy-four,  out 
of  fifty-nine  hundred  and  seventy-two  votes  polled,  beating  his  opponent  by 
one  hundred  and  thirty-six.  During  his  presence  in  the  Legislature  Mr. 
Briggs  took  a  prominent  and  active  part  in  the  debates  had  at  the  outbreak 
of  the  Rebellion,  wHile  so  appreciated  were  his  labors,  that  at  the  close  of 
the  Se.ssion  he  was  appointed  Register  of  the  United  States  Land  Office  at 
Visalia,  Tulare  county,  California.  While  here,  in  addition  to  his  official 
duties,  Mr.  Briggs  conducted  a  mercantile  business  and  edited  a  newspaper 
called  The  Visalia  Delta  which  was  published  by  his  son.  In  1868  he  trans- 
ferred the  scene  of  his  operations  to  Gilroy  w^here  he  took  charge  of  the 
mercantile  business  of  J.  M.  Brown,  which  he  afterwards  purchased  and  still 


HIOGRAPHIES — (.tl.ltoV    TOWXSII 1 1'.  of)? 

conducts,  and  was  shortly  afterwarrU  appointed  Postmaster  lur  that  town 
which  office  he  still  holds.  No  soundinf^  culoginm  is  needed  from  us,  nor  do  we 
purpose  to  ring  the  praises  of  the  Hon.  H.  W.  Briggs;  let  the  foregoing  facts 
speak  for  themselves  and  be  a  beacon  to  the  3'oung  to  emulate  such  a  bright 
example  of  courage  and  perseverance.  He  Jiianied,  firstly,  July  4,  LS48, 
Mary  M.  Stinson,  a  native  of  Tennessee,  who  died  in  1854;  by  whom  there 
are  Mary,  Henry  M.,  Walter  F.,  Fred  C,  and  Eugene  A.,  all  now  living,  but 
the  youngest,  sad  to  say, is  blind — but  as  if  the  Creator  had  been  detennincd 
to  make  up  in  one  way  what  had  been  lost  in  another,  he  has  blessed  this 
young  man  with  marked  talents  and  a  sweet  disposition,  and,  besides  being 
a  graduate  of  the  Blind  Institution  at  Berkeley,  Alameda  county,  he  is  a 
skilled  musician,  which  science  he  teaches,  and  a  poet  of  no  ordinary 
ability.  Mr.  Briggs  married,  secondly,  Julia  Willey,  a  native  of  Genesee 
county,  New  York,  in  185G,  who  is  now  living.  While  Judge  Briggs  has  been 
an  incessant  worker  in  his  business,  he  has  been  equally  active  in  the  moral 
and  intellectual  movements  of  the  day,  and  has  always  taken  a  warm  inter- 
est in  the  welfare  of  the  children  in  the  communities  in  which  he  has  lived, 
He  has  been  a  Sabbath-school  Superintendent  for  more  than  thirty  years 
and  a  School  Trustee  for  twenty-seven  years,  and  never  seems  quite  so 
happy  as  when  surrounded  by  the  little  ones  who  seem  to  know  intuitively 
that  he  likes  them. 

E.  E.  Brock  (Deceased).  Was  born  in  Franklin  county.  Virginia,  January 
13,  1802.  When  a  young  man  he  went  to  Missouri,  and  w^as  there  raised  and 
educated.  He  afterwards  moved  to  Wisconsin,  and  there  followed  farming 
and  lead-mining  for  a  number  of  j^ears.  Mr.  Brock  took  an  active  part  in 
the  Black  Hawk  Avar,  and  in  1847  returned  to  Missouri,  en  route  for  Cali- 
fornia. In  the  Spring  of  1848  he  started  across  the  plains  for  this  State, 
and,  arriving  on  the  Yuba,  commenced  mining,  which,  however,  he  was 
obliged  to  abandon,  on  account  of  sickness  in  his  family.  He  then 
came  direct  to  this  county,  located  in  the  town  of  Santa  Clara,  being 
en"-ao;cd  in  farminsf  and  stock-raising,  and  there  continued  until  March,  18(j2, 
when  he  removed  to  the  farm  his  widow  now  occupies  in  Gilro}'  township. 
He  departed  this  life  May  21,  18G9.  ^Mr.  Brock  was  tw^ice  married.  The 
widow  who  survives  him,  whose  maiden  name  was  Eliza  S.  Day,  he 
espoused  June  20,  1848.  She  is  a  native  of  West  Virginia.  The  family 
by  the  first  marriage  consists  of  Augustus,  Robert,  Llewellyn,,  and  Benjamin, 
born  in  Wisconsin;  and  by  the  second  wife:  Lizzie,  born  September  12,  1844. 
in  Grant  county,  Wisconsin;  Frankie,  born  in  Wisconsin;  and  Emma,  Ella 
and  Eli.sha,  born  in  California. 

B.  Bryant,  M.  D.     A  native  of  Spaitanburgh   county.  South  Carolina. 


598  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

Here  he  received  his  earlier  education,  but  in  1837  he  moved  to  Memphis, 
Tennessee,  entered  tlie  Bratanical  Medical  College,  and  graduated  in  March, 
1848,  after  which  he  commenced  to  practice  in  Camden,  Wilcox  county, 
Alabama,  and,  remaining  there  one  year,  came  direct  to  California,  arriving 
in  San  Francisco  June  12,  1849.  At  this  time  medical  men  were  scarce, 
and  those  who  had  come  to  the  country  had  betaken  themselves  to  the 
mines;  it  was  therefore  a  humane  prevision  which  started  Dr.  Bryant,  sup- 
plied with  an  ample  store  of  medicines,  to  Sacramento,  there  to  establish 
a  hospital,  combining  with  its  care  the  discharge  of  other  professional  duties. 
In  Sacramento  he  remained  until  December  1st,  when  he  returned  to  Mem- 
phis, and  thei'e  fitting  out  teams  made  the  journey  across  the  plains,  with 
two  dozen  companions,  who  were  to  prosecute  mining  with  him  "on  shares." 
This  journey  was  completed  in  1850.  Putting  his  men  to  work  in  the 
mines,  the  Doctor,  with  his  family,  transferred  his  residence  to  Yuba  county, 
where  he  built  a  hotel,  and  conducted  it  with  marked  success  until  the  Fall 
of  1852,  in  which  year  he  sold  his  interest  to  a  man  named  Rice,  and  came 
to  Santa  Clara  county,  locating  in  Gilroy,  November  20, 1852.  On  Decem- 
ber 1st  he  purchased  one  thousand  acres  of  land  from  Daniel  Rhodes,  and 
soon  after  acquired  two  other  tracts  of  seven  hundred  and  five  hundred 
acres  each,  makins^  the  ao^sfrecrate  of  his  possessions  to  be  two  thousand  two 
hundred  acres.  On  this  property  the  Doctor  commenced  the  raising  of  sheep, 
a  business  he  conducted  until  1877.  Moved  to  San  Jose'  in  18G6,  and 
was  interested  in  banking,  r<^al  estate,  etc.  Has  always  practised  his  ptofes- 
sion  in  the  county,  save  for  the  period  mentioned — 188G  to  1877— and  is, 
with  the  exception  of  Doctor  Ben  Cory,  the  oldest  practitioner  in  Santa 
Clara  county.  Married,  firstly,  December,  1845,  Nancy  L.  Whitley,  of  South 
Carolina,  who  died  in  the  year  1860.  By  this  union  the  children  are:  Perry 
M.,  David  T.,  William  G.,  and  George  P.  Secondly,  married,  April  6,  1864, 
Henrietta  Reeve,  a  native  of  Ohio,  by  whom  he  has:  Calhoun  B.,  and 
Edsrar  R. 


•&" 


John  BurcheU.  Born  in  Castletown,  County  Cork,  Ireland,  June, 
1829.  In  the  year  1845  he  emigrated  to  Canada,  but  shortly  after  his 
arrival  removed  to  Rutland,  Vermont,  where  he  remained  until  coming  to 
the  Pacific  coast.  Making  the  journey  to  California  via  Nicaragua,  he 
arrived  in  S  m  Francisco,  April  22,  1855,  and  in  the  following  August,  set- 
tled in  Santa  Clara  county,  and  engaged  in  dairying  in  East  San  Jose.  A 
year  later  he  proceeded  to  Sonoma  county  and  commenced  the  like  occupa- 
tion and  farming,  at  the  Eight-mile  House,  between  Santa  Rosa  and  Peta- 
luma.  Here  he  dwelt  two  years,  when  he  returned  to  Santa  Clara  county 
or  valley,  and  established  himself,  September  1,  1859,  in  Gilroy  township, 
on  his  present  property,  four  miles  from  Gilroy,  comprising  three  hundred 


BIOGRAPHIES — GILROY    TOWNSHIP.  599 

and  seventy-five  acres,  where  he  is  now  engageil  in  farming'  auil  stock- 
raising.  Married,  May  5,  1859,  Mary  Heaney,  a  native  of  Iceland,  and  lias: 
Mary  Jane,  born  November  19,  LSGO;  Richard,  born  November  20,  LSU-i; 
Ellen,  born  September  18, 1(S(JG  ;  John  William  and  Catherine  Emma  (twins), 
born  August  3,  1868  ;  Margaret,  born  January  7,  1871. 

John  D.  Burns.  Born  in  New  Castle  on  Tyne,  England,  December, 
1842.  In  the  year  1863  he  emigrated  to  the  United  States,  joined  the  army 
and  went  to  New  Orleans;  was  discharged  in  April,  1805.  He  came  to 
Gilroy  in  1870  and  engaged  in  the  lumber  trade.  He  was  married  to 
Emily  Hartshorn  December  11,  1873.  Their  two  children  are:  Sadie, 
born  November  2,  1874,  and  Robert  W.,  born  August  18,  1878. 

Alfred  Chappell.  Is  a  native  of  the  State  of  Georgia  where  he  was 
born  March  6,  1819,  educated  and  reared  a  farmer.  In  the  year  1839  he 
proceeded  to  Arkansas ;  in  the  Spring  of  1840  he  removed  to  Newton  Tnow 
McDonald)  count}',  Missouri,  where  he  resided  until  May  1,  1843,  when  he 
started  for  Oregon,  across  the  plains,  in  company  with  such  well-known 
pioneers  as  Julius  Martin,  Major  Hensley,  and  many  others;  the  subject  of 
this  sketch,  with  the  Applegate  family,  Waldo  family,  Ex-Senator  Nesmith, 
and  Governor  Burnett,  proceeding  to  Oregon.  In  the  Spring  of  1844  he 
returned  to  Missouri  with  Colonel  Gilpin;  in  the  like  season  of  1850  he 
re-crossed  the  plains  and  arrived  at  Winter's  Bar,  October  10th  of  that  year. 
In  1852  he  came  to  San  Jose  where  he  farmed  until  1853;  in  that  year  he 
removed  to  Gilroy  township  and  located  on  his  present  ranch  comprising 
two  hundred  acres.  In  the  year  1869  Mr.  Chappell  visited  his  friends  at  the 
East.  Married,  December  12,  1839,  Mary  Lauderdale,  a  native  of  Tennes- 
see, and  has  nine  children :  Robert  W.,  born  January  28,  1841;  Sarah  0., 
born  Februaty  6,  1843;  Fannie  Jane,  born  October  7,  1845;  Francis  M., 
born  June  17,  1848;  Thomas  Jasper,  born  October  23,  1850;  John  William, 
born  September  29,  1852;  Mary  Ann,  born  February  20,  1855;  Martha 
Ellen,  born  November  18,  1857;  George  Alfred,  born  June  2,  1860. 

Amos  G.  Cole.  Born  in  Onondaoa  county,  New  York,  November  20, 
1825,  where  he  was  educated.  At  the  age  of  nineteen  years  he  went  to 
Syracuse  and  apprenticed  himself  to  the  mason's  trade,  and  worketl  at  it 
until  1852,  in  which  3'ear  he  sailed  for  California  from  New  York  City, 
ariiving  in  the  month  of  June  at  San  Francisco,  after  having  suffered  .ship- 
wreck on  the  coast  of  Mexico,  by  which  much  delay  was  caused,  the  pa.ssen- 
gers,  who  w^re  all  saved,  having  to  journey  on  mule  back  to  Acapulco,  a 
distance  of  one  hundred  miles  from  the  scene  of  the  disaster,  where  pas.sage 
was  taken  on  board  the  ship  Xorthern  Light.     Mr.  Cole  proceeded  direct  to 


600  HISTORY    OF   SANTA    CLARA    COUNTY,   CALIFORNIA. 

the  mines,  but  in  November  of  the  same  year  returned  to'  the  Bay  City  and 
worked  at  his  trade.  In  1856  he  once  more  tried  his  luck  at  the  mines 
which  he  abandoned  in  the  Fall  of  1869  and  came  to  Santa  Clara  county, 
taking  up  his  residence  in  Gilroy,  where  in  1871  he  established  his  brick- 
kiln situated  to  the  north-west  of  the  town.  He  married,  August  18,  3  861, 
Augusta  Wolters,  a  native  of  Bremen,  Germany,  and  has:  Sterling  L., 
born  May  13,  I860;  Almina,  born  June  27,  1868;  Augusta,  born  April  20, 
1872:  Amos  W.,  born  June  6,  1879. 

John  A.  Cottle.  Born  in  Windsor  county,  Vermont,  May  9,  1812. 
When  six  years  of  age  he  was  taken  to  Lincoln  county,  Missouri.  He  was 
educated  in  St.  Louis,  St.  Charles,  and  Troy.  Save  two  years  during  which 
he  was  engaged  as  a  clerk  in  Gakna,  Illinois,  and"  in  the  lead  mines  of  Wis- 
consin, just  acro.ss  the  lijie,  Mr.  Cottle  resided  in  Lincoln  county  until  he 
came  of  age.  At  that  epoch  in  his  life  he  proceeded  to  Quincy,  Illinois,  and 
thei'e  dwelt  for  five  yeais,  after  which  he  located  in  Wisconsin.  In  1850  he 
crossed  the  plains  to  California,  and  soon  after  engaged  in  the  stock  business 
in  Peach  Tree  valley.  In  the  Fall  of  1854  Mr.  Cottle  returned  to  the  East, 
but  recrossed  the  plains  in  the  Spring  of  the  following  year  with  a  band  of 
stock  which  he  drove  into  Santa  Clara  county,  arriving  at  San  Jose'  Sep- 
tember 20,  1855.  These  he  moved  into  Gilroy  township  and  after  keeping 
them  there  for  two  years  transferred  them  to  Peach  Tree  valley.  Five 
years  thereafter  he  sold  his  stock  and  commenced  agriculture,  but  at  the  end 
of  six  years  nioi'e  he  discontinued  this  occupation  and  purchased  an  interest 
in  the  Gilroy  Hot  Springs.  Married,  firstly,  September,  1837,  Julia  E. 
Stone,  a  native  of  Troy,  Lincoln  county,  Missouri,  who  died  in  the  Winter 
of  1850;  and  secondly,  Priscilla  Cottle  in  1852,  who  died  in  1862.  He  married 
his  present  wife  Cordelia  Cottle,  a  native  of  St,  Charles  county,  Missouri,  in 
1864,  his  only  surviving  child  being  a  son  by  his  first  wife,  named  Henry 
Edward,  born  in  September,  1839. 

Caleb  Brown  Crews.  Born  in  Boone  county,  Missouri,  in  the  year  1834. 
When  a  mere  child  he  lost  his  parents  and  was  reared  by  his  brother  Ran- 
dolph, who  moved  to  Henry  county  in  1845.  Here  the  subject  of  this 
sketch  was  educated  and  brought  up  a  farmer.  In  1852  he  crossed  the 
plains  to  California,  arriving  at  Belmont,  in  September  of  that  year.'  He 
immediately  proceeded  to  Mokelumne  Hill  where  he  was  employed  on  a 
farm  until  1853;  he  then  came  to  Santa  Clai^a  county,  located  at  Mountain 
View  and  commenced  teaming,  but  afterwards  embarked  in  farming  and 
stock-raising  which  he  continued  until  1864;  he  then  purchased  the  one 
hundred  and  thirty  acres  in  Gilroy  township  known  as  the  Ortega  Home- 
stead, on  which    he    now  resides.     Married,  June  28,    1860,  Mrs.  Emelinc: 


i;|()(;raphies — giijioy  townshii'.  GUI 

Thomas,  a  native  of  Jacki?on  county,  Missouri,  by  whom  lie  Iius;  Plenty  P., 
born  March  31,  18G1;  William  J.,  burn  June  I,  LSGJJ;  James  Newton,  born 
September  25,  18G5  ;  Carrie,  boi-n  January  i,  18G9;  diaries,  born  Decem- 
ber 15,  1871;  Marion,  born  June  13,  1874;  Elmer  and  Elton  (twins),  born 
April  7,  1877;  George,  born  May  9,  1881.  The  children  V)y  the  first  mar- 
riage of  Mrs.  Crews  are:  John  W.,  born  September  22,  1853;  Eliza  Jane, 
born  March  8,  1857;  Ellen  Frances,  born  March  1,  1859. 

J.  D.  Gulp.  Born  in  Monroe  county,  New  York,  November  17,  1839, 
and  received  his  education  in  Rochester.  In  the  year  185G  he  located  in 
Floyd  county,  Iowa,  and  there  raised  a  crop  of  tobacco,  but  it  being  of  sickly 
growth,  he  decided  to  make  a  like  attempt  in  California.  In  1858  he 
crossed  the  plains  to  this  State  and  after  pi'osecuting  a  rigorous  search  for 
suitable  soil,  in  1859  fixed  upon  Gilroy  as  the  place  wherein  to  essay  the 
tiial.  After  experimenting  for  sometime,  in  18G2  he  erected  a  factory  two 
miles  west  from  Gilroy,  but  in  1865  it  was  unfortunately  destroyed  by  fire. 
Mr.  Gulp  next,  in  18G9,  built  another  factory  in  the  city  of  Gilroy  on  the 
corner  of  Church  and  Rosanna  streets;  this  he  sold  in  1871,  and  moved  to 
its  present  location,  a  portion  of  his  grounds  being  situated  in  Santa  Clara 
county,  the  buildings,  however; being  in  San  Benito  county,  near  San  Felipe. 
Too  much  credit  cannot  be  accorded  to  the  subject  of  our  sketch  for  the 
persistency  with  which  he  has  grappled  with  the  many  obstructions  allied 
to  the  business  of  tobacco  culture.  At  last  he  has  received  his  reward.  His 
establishments  are  most  complete  in  detail ;  his  fields  are  laid  out  Avith  every 
regard  to  the  protection  of  plants;  and  his  surroundings  are  a  credit  alike 
to  his  enterprise  and  acumen.  To  him  is  the  honor  of  establishing  this  one 
more  proof  of  the  marvelous  adaptability  of  California  soil  for  almost  any 
kind  or  class  of  cultivation.  Mr.  Culp  married,  in  18G5,  Jennie  E.  Duncan,  a 
native  of  Iowa,  by  whom  he  has  had  five  sons:  James  J.,  born  March  15, 1867 ; 
George  E.,  born  December  2,  1869  ;  Cornelius  A.,  born  November  5,  1871 ; 
Charles  H.,  born  April  15,  1874;  Richard  D.,  born  August  22,  1879. 

Albert  Dexter.  The  subject  of  this  narrative,  whose  portrait  appears 
in  this  work,  was  born  January  23,  1800,  in  Royalston,  Massachusetts,  and 
there  resided,  save  two  years  passed  in  Boston,  until  he  grew  to  man's 
estate.  His  father,  Ebenezer  W.  Dexter,  was  a  well-to-do  farmer  of  that 
State,  and  as  such  his  son  was  reared.  Commencing  with  the  year  1829, 
Albert  Dexter  made  two  voyages  on  a  whaler,  the  last  as  third  mate,  the 
cruise  lasting  three  years  and  a  half.  At  this  period  he  had  attained  well 
recognized  skill  in  the  throwing  of  a  harpoon.  The  eight  years  following 
his  leaving  the  sea  he  spent  in  Posey  county,  Indiana,  where  he  engaged  in 
the  manufacturing  of  wheat  fans  and  furniture,  in  compan}'  Avith  his  brother 


602  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

Simon,  who  died  there.  Here  our  subject  unfortunately  failed  in  business 
and,  paying  his  debts  like  an  honest  man,  with  the  small  sum  of  thirteen 
dollars — all  tliat  remained  to  him  in  coin — he  started  on  foot  to  St.  Louis, 
and  there  worked  as  a  mechanic  for  four  years,  and  built  the  first  omnibus 
that  was  used  in  that  city.  In  184(5,  he  constructed  a  wagon,  and  in  the 
Spring  of  the  following  year,  with  a  cavalcade  of  ninety  others,  started  to 
cross  the  plains  to  Oregon,  where  he  was,  on  arrival,  engaged  by  the  Hud- 
son Bay  Company  for  two  years.  In  1848,  being  fired  by  the  discovery  of 
gold  in  California,  he  proceeded  thither,  and  essayed  mining  on  the  Amer- 
ican river  for  one  year.  While  here,  a  party  of  nine  men — his  friends — 
were  suddenly  attacked  by  Indians,  and  seven  of  the  number  brutally  put 
to  death  by  the  savages  and  their  mutilated  bodies  cast  into  the  river.  On 
the  catasti-ophe  becoming  known,  a  band  of  twenty-two  (our  subject  being 
one  of  them)  was  organised,  and  went  in  pursuit.  They  traced  the  savages 
to  their  lair  in  a  deep  gorge  in  the  mountains,  where  they  were  surprised, 
and  a  full  vengeance  wreaked  upon  the  murderers.  The  entire  band  was 
shot  except  five  men,  two  squaws,  and  a  couple  of  children,  who  were  taken 
prisoners  back  to  Sutter's  mil).  Here  they  attempted  an  escape,  in  which 
four  out  of  the  five  remaining  red-skins  were  killed,  their  chief,  unfortun- 
ately, making  good  his  escape,  but  he  afterwards,  it  was  learned,  met  his 
death  at  the  hands  of  some  miners  who  captured  him  while  meting  out  pun- 
ishment to  the  women  of  the  tribe,  who  had  informed  upon  him.  Mr.  Dex- 
ter considers  himself  fortunate  that  he  was  not  with  his  hapless  com- 
rades. He  was  at  the  time  acting  as  preceptor  to  a  party  of  Oregonians, 
who  had  but  lately  come  to  the  mines,  on  the  bar  at  the  mill.  To  this 
lucky  circumstance  he  doubtless  owes  his  life.  In  the  Winter  of  1849  he 
proceeded  to  the  Western  States,  but  returned  in  the  following  year  with  a 
drove  of  cattle,  and  his  family,  and  arrived  in  Santa  Clara  county,  in  the 
Fall,  and  settled  close  to  the  town  of  Santa  Clara,  where  lie  carried  on  a 
dairying  business  for  four  years.  We  next  find  him  engaged  for  two  years 
in  mercantile  pui'suits,  in  Redwood  City,  San  Mateo  county,  at  the  same 
time  conducting  a  farm,  for  which  he  paid  three  thousand  dollars,  and  after- 
wards sold  to  Thomas  H.  Selby  for  eleven  thousand  dollai's.  May  9,  1867, 
he  settled  on  his  present  estate  of  seven  hundred  acres,  on  which  he  has 
resided  ever  since.  He  also  owns  a  stock  ranch  in  the  mountains.  Mr. 
Dexter  married,  March  12,  1850,  Ellen  Davis,  a  native  of  Ross  county,  Ohio, 
by  whom  he  has:  Wheeler  D.,  born  July  4,  1853;  William  H.,  born  Sep- 
tember 27,  1855;  Albert  L.,  born  January  31,  1859;  Otis  L.,  born  January 
28,  18G1. 

Jacob  Doan.     Born    in    Clinton    county,    Ohio,    September    17,    1828, 
leceiving  his  early  education  in  the  schools  of  the  Society  of  Friends,  and 


BIOGRAPHIES — GILROY    TOWNSHIP.  (J03 

finisliing  his  training  at  S|)rinofiel<l  Academy,  afterwards  studying  med- 
icine under  Dr.  Davis.  In  1850  he  crossed  tlie  plains  to  California,  arriving 
in  Sacramento  the  day  the  State  was  a(]mitted  into  the  Union.  After  a 
short  stay  in  that  place,  he  proceeded  to  the  mines  in  Calaveras  county,  and 
prosecuted  his  search  for  gold,  at  Memphis  and  Douglas  Flat,  for  five  years. 
By  this  time  he  had  saved  about  five  thousand  <lollars,  wuth  wliieh  he  came 
to  Santa  Clara  county,  and  invested  in  his  present  farm  comprising  two 
hundred  and  ninety-three  acres,  in  April,  185G.  He  was  elected  Justice  of 
the  Peace  for  Gilroy  township,  in  18GS,  an  otfice  he  held  for  four  years.  He 
married,  November  21,  1854,  Mrs.  H.  J.  Whitney,  a  native  of  Wisconsin, 
and  has:  Francis  I.,  Walter  C,  Clinton  W.,  Agnes  C,  Jacob  N.,  Hattie 
Grace,  and  Helen  Dot,  all  of  whom  first  saw  the  light  under  the  homestead 
roof  that  now  shelters  them. 

Peter  DonneUy.  JJoin  in  Queen's  county,  Ireland.  In  ti)e  year  1851 
he  emigrated  to  the  United  States,  and  passed  his  fir.st  year  in  New  York 
and  New  Orleans,  and  in  1852  came  to  California,  arriving  in  San  Fran- 
cisco, October  5th,  and  there  resided  for  eight  years,  being  engaged  in  the 
warehouse  of  Dunne  &  Co.  In  1856  he  started  in  the  dairy  busine.ss  on  his 
own  account,  and  in  May,  1860,  located  upon  his  present  property,  pur- 
chased from  Dan.  Rhodes,  and  comprising  twenty-f(jur  hundred  acres.  The 
land  is  situated  in  the  Canada  de  los  Osas,  where  Mr.  Donnelly  farms  three 
hundred  acres,  the  balance  being  devoted  to  stock-raising.  Married,  Febru- 
ary 22,  1868,  B.  A.  Condon,  a  native  of  Iowa. 

John  Dowdy.  Born  in  North  Carolina,  May  3,  1827.  When  young 
his  parents  moved  to  Indiana,  where,  after  residing  one  year,  they  returned 
to  North  Carolina;  thence  they  proceeded  to  Tennessee;  and  Davis  county, 
Missouri,  where  the  subject  of  our  sketch  received  his  education,  and  learned 
the  art  of  farming.  In  1854,  he  crossed  the  plains  to  California;  came  direct 
to  Santa  Clara  county,  and  located  on  the  tract  of  land  now  owned  by  Mrs. 
Angney.  In  the  year  1865,  he  purchased  the  place  on  which  he  now  resides, 
comprising  one  hundred  and  eighty-five  acres.  Mairied  Mary  McCary, 
March,  1863,  who  is  a  native  of  Ireland,  and  came  to  this  country  when  au 
infant. 

Henry  Dreischmeyer.  Bom  in  Lippe-Detmold  Principality,  Germany, 
August  9,  1840,  and  came  to  the  United  States  in  1854,  having  received  his 
education  chiefly  in  his  native  land.  He  first  settled  in  Chicago,  and  resided 
there  until  1863,  when  he  came  to  California  l)y  way  of  the  Nicaragua 
route,  arriving  in  San  Francisco,  April  27th,  of  the  same  year.  He  forth- 
with proceeded  to,  and  located  in,  the  town  of  Santa  Clara,  but  at  the  end  of 


604*  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

two  months  he  transferred  his  domicile  to  San  Josd,  and  started  as  a  brick- 
maker,  an  occupation  he  followed  until  he  went  to  Gih'oy,  movino-  to  his 
present  farm  in  the  year  1869.  Married,  September,  1863,  Catherine  Ashe- 
man,  a  native  of  German^',  and  has:  Henry,  born  June  11,  1864;  Fred- 
erick, born  January  1,  1866;  Lizzie,  born  November  18,  1867,  died 
October  21,  1868;  May,  born  November  22,  1869;  William,  born  May 
20,  1872 ;  Frank,  born  May  20,  1874. 

David  A.  Dryden,  Born  in  Adams  county,  Ohio,  May  13,  1824. 
When  about  ten  years  old,  he  removed  with  his  parents  to  Miami  county, 
where  he  received  his  primary  education.  At  sixteen  years  of  af^e  lie  was 
apprenticed  to  the  cabinet-making  business,  in  the  city  of  Piqua,  and  served 
four  yeai^s.  In  1845,  he^  entered,  as  a  student,  the  Miami  University,  at 
Oxford,  Ohio,  and  remained  three  years,  but  was  compelled  to  leave  before  grad- 
uating, on  account  of  failing  health.  In  1849,  he  joined  the  Ohio  Conference 
of  the  Methodist  Episcopal  Church,  and,  in  1851,  was  transferred  by  Bishop 
Morris,  as  a  Missionary  to  California.  He  was  present  at  the  first  session  of 
the  California  Conference, and  continued  regularly  in  the  work  of  the  Ministry 
until  1876.  During  this  long  period  of  service,  he  was  stationed  at  many  of 
the  prominent  cities  and  towns  of  the  State,  and  traveled  extensively.  In 
1855,  he  was  appointed  Principal  of  the  Female  Institute,  then  located  at 
Santa  Clara,  and  in  1862,  was  stationed  pastor  of  the  Methodist  Episcopal 
Church  at  San  Jose'.  Was  stationed  five  years  in  Nevada  City.  In  1869, 
organized  the  first  Methodist  Episcopal  Church  in  San  Diego,  and,  in  1872, 
built  the  church  in  Gilroy,  where  he  was  stationed  three  years.  Daring  the 
last  few  years  of  Mr.  Dry  den's  labors  in  the  Conference,  the  relations  between 
him  and  the  powei-s  that  be,  became  very  much  disturbed  and  embarrassed 
on  account  of  real  or  supposed  changes  in  theological  belief  and  teaching, 
which  resulted  in  his  retirement  from  the  Conference  in  1876.  He  is  at 
present  located  in  Gilroy,  and  in  order  to  support  his  family,  has  been  com- 
pelled to  go  into  secular  affairs;  and  at  the  age  of  fifty-seven,  has  returned 
to  the  cal)inet  and  furniture  business — after  a  lapse  of  over  thirty  years. 
Mr.  Dryden  was  married,  in  the  city  of  Piqua,  Ohio,  to  Miss  S.  H.  Raynor? 
a  native  of  Nottinghamshire,  England,  June  6,  1850.  They  have  had  six 
children.  Three  deceased,  and  three  still  living:  Luella,  born  March 
19,  1853;  Wendell  Ernest,  born  September  15,  1862;  Ermina  Iva,  born 
March  14,  1867. 

Joseph  H.  Duncan.  Born  in  Wayne  county,  Iowa,  November  19^ 
1842,  educated  at  University  of  the  Pacific.  Crossed  the  plains  to  California 
with  his  father,  Dixon  S.  Duncan  and  family,  in  1853,  being  five  months  and 
five   days  on  the  journey  after  crossing  the   Missouri  river;  arrived  at  San 


BIOGRAPHIES — (JILUOY    T<  lU  Nsll  I  i'.  G05 

Juan  September  5, 185o,  and  (here  leniainecl  Miitil  the  Fall  (jf  185G.  In  tliat 
year  he  came  to  Santa  Clara  county  and  locat(,'d  on  his  present  f  i-m  situated 
three  miles  west  of  Gilroy.  Married,  March  2,  1S7'S,  Angie  i.  J/iLtou,  a 
native  of  Mercer  county,  Missouri,  and  has:  Edith  V.,  born  March  31,  ](S7+; 
Edna  G.,  born  February  5,  1876;  Gemma  E.,  born  July  5,  1878. 

George  Easton.  Was  born  in  Lanarkshire,  Scotland,  January  4,  ]H'2'.). 
In  184-8  he  emigrated  to  America  and  took  up  liis  residence  in  St.  Louis, 
where  he  was  employed  in.  the  coal  mines  until  185L  In  that  year  he 
crossed  the  plains  to  Utah  where  he  resided  until  185-t,  when  he  came  to  Cal- 
ifornia and  located  in  San  Bernardino  county,  being  there  employed  in 
hauliui;-  lumber  from  the  mountains  to  Los  Anofeles.  Here  he  embarked  in 
farming  operations,  put  in  one  crop,  but  that  proving  a  failure,  he  left  the 
district  and  traveled  for  one  year.  In  1856,  he  came  to  Gilroy  township, 
and  settled  on  his  present  farm,  previously,  however,  occupying  a  portion  of 
the  grant  next  to  that  I'arm.  Married,  May  21,  1852,  Jemima  Adam,  a 
native  of  Scotland,  who  died  June  12,  1879.  His  issue  are:  Robeit,  bom 
March  17,  1853;  William,  born  December  8,  1854;  Belle,  born  June  11,  1857; 
Elizabeth,  born  June  24,  1859;  Emeline,  bcrn  September  21,  1861;  George, 
boin  November  25,  1863;  Charles,  born  November  14,1865;  Alexander, 
born  June  4,  1868. 

Charles  F.  Eckhart.  Was  born  in  Germany,  August  2,  1828.  When 
quite  young  he  accompanied  his  parents  to  the  United  States,  arriving  in 
Philadelphia  July,  1835,  and  there  remain  d  four  years.  Thence  they 
removed  to  West  Virginia  and  in  the  Fall  of  1844,  proceeded  to  Ohio,  where 
the  subject  of  our  sketch  learned  the  trade  of  cabinet-maker.  Leaving  home 
in  1856,  he  went  to  Iowa  for  two  years;  thence  to  Nebraska,  being  one  of  the 
pioneers  of  that  State,  and  in  1876  came  to  California,  locating  temporarily 
in  San  Jose.  In  January  of  that  year,  he  established  himself  on  his  present 
ranch  of  one  hundred  and  fifty  acres,  where  he  is  principally  engaged  in 
fruit-growing.  Married,  January  31,  1850,  EUzabeth  Welty,  a  native  of 
Ohio,  and  has:  Ida  L.,  born  in  Iowa;  Clara  E.,  born  in  Nebraska:  Kate  M., 
born  in  Nebraska;  Amanda  T.,  born  in  Nebraska;  Charles  H.,  born  in 
Nebraska;  Sarah  H.,  born  in  Nebraska;  Ettie,  born  in  Nebraska;  George  W., 
born  in  California. 

John  Eigelberry  (Deceased).  Was  born  in  Greene  ounty,  Pennsylvania, 
December  1,  1812.  At  the  age  of  ten  years  he  was  taken  by  his  parents  to 
Muskingum  county,  Ohio,  and  there  received  his  schooling,  and  became  a 
farmer.  In  Februarv,  1852,  he  started  with  ox-teams  for  California  in  a  com- 
pany  with  William  Hollister,  the  captain  of  the  train,  con)posed  of  fourteen 


606  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

men  and  one  female  (the  wife  of  the  subject  of  this  sketch,  who  gives  pleas- 
ant reminiscences  of  this  journey),  and  came  direct  to  Santa  Clara  county, 
arriving  at  Gilroy  September  28th  of  the  same  year.  His  first  location  was 
in  a  small  house  he  erected  on  what  is  now  the  corner  of  Fourth  and  Eigel- 
berry  streets,  where  he  dwelt  until  some  five  years  ago,  he  then  built  a  new 
house  lower  down  the  street,  that  takes  its  name  from  this  pioneer,  to  which 
he  removed.  Married,  October  10,  1837,  Sophie  Houck,  born  in  Zanesville^ 
Ohio,  February  4,  1802,  a  former  school-mate  of  General  Sherman;  has  no 
family.     Mr.  Eigelbei-ry  died  in  the  month  of  October,  1880. 

E.  Emlay.  The  subject  of  this  sketch  was  born  in  Hamburg,  Canada 
West,  May  4,  1829.  At  the  age  of  eighteen  years  he  went  to  Detroit,  Michi- 
gan, and  there  learned  the  harness-maker's  trade,  and  finished  the  education 
commenced  in  Canada,  by  attending  night-school.  After  a  residence  in 
Detroit  of  seven  years,  where  he  labored  zealously  at  every  intricacy  of  his 
art,  he  moved  to  Jackson,  in  the  same  State,  for  one  year,  and  thence  to  Cal- 
ifornia, around  The  Horn,  arriving  in  San  Francisco,  October,  1852.  To  be 
idle  in  those  stirring  days  was  a  thing  unheard  of.  Mr.  Emlay  therefore  was 
not  to  be  behindhand.  He  started  at  once  for  Sacrau^ento,  the  haven  of 
many  eager  travelers;  thence  to  Marysville  where  he  could  find  no  work  at 
his  trade,  and  finally  to  the  mines  near  Shasta  City  where  he  remained  for 
six  months.  We  next  find  him  working  for  his  board  at  Marysville;  again  at 
Martinez,  Contra  Costa  county,  still  indefatigably  toiling  at  his  calling  for 
two  years;  thence  to  Alvarado,  Alameda  county,  where  he  remained  until 
1869,  having  started  a  harness  store  with  a  capital  of  one  hundred  and  fifty 
dollars  and  closing  out  with  twelve  thousand  ;  and  finally  settled  in  Gilroy, 
where  still  true  to  his  instincts,  he  bought  outright  the  only  harness  store  in  the 
town,  and  still  cunducts  it.  Married,  July  3,  1859,  Helen  C,  daughter  of 
Captain  E.  Farley,  by  whom  he  has:  Oliver  L.,  Harry  F.  and  Hattie 
(twins),  Herbert  E.,  Lulu,  Nora,  Josephine,  Roy. 

Charles  Kean  Farley,  M.  D  .  Born  in  Montgomery  county,  Alabama, 
November  22,  1827.  In  early  life  he  attended  diflerent  schools  in  several  of 
the  Northern  States,  and  in  1839  commenced  the  study  of  medicine  under 
Dr.  Weld,  with  whom  he  remained  a  year  and  a  half.  He  then  entered  the 
Berkshire  Medical  College  at  Pittsfield,  Massachu'^etts,  from  which  he  gradu- 
ated in  November,  1842,  being  at  that  time  only  twenty  years  of  age.  In 
the  Spring  of  1843  he  attended  another  course  of  lectures,  after  which  he 
returned  to  Alabama  and  commenced  practice,  which  he  continued  until  he 
left  for  California.  January  26,  1849,  he  arrived  in  San  Francisco  and  lost 
no  time  in  finding  his  way  to  the  mines,  but  not  finding  them  "after  his  own 
heart"  he  returned  to  the  Bay  City,  and  entered  upon  the  duties  of  his  pro- 


BIOGRAPHIKS — GILROY    TOWNSHIP.  007 

fession,  continuiiiir  there  durinor  the  Winter  of  '40  and  '•")().  He  then  once 
more  essayed  his  fortune  at  the  mines,  and  finally  in  the  Fall  lA'  I  S.")(),  in 
company  with  his  brother,  entered  upon  a  tract  of  land  near  Mai'vsville, 
Yuba  county,  where  the  doctor  farmed  for  one  year.  In  tin-  month  of 
November  of  the  following  year,  the  subject  of  this  sketch  returned  to  the 
Eastern  States,  entered  upon  the  practice  of  medicine  at  Cahaba,  Dallas 
county,  Alabama,  stayed  there  from  January,  1852,  until  January,  ISGG, 
and  then  moved  to  Summerfield,  principally  on  account  of  the  eilucational 
advantaf^es  possessed  by  that  place.  Here  he  remained  until  the  Winter  of 
1868,  when  he  again  turned  westward  to  California.  After  remaining  for 
six  months  to  the  north  of  the  San  Joaquin,  he  ultimately  settlerl  in  Gilroy, 
Santa  Clara  county,  in  April,  1868.  Married,  December  27,  1846,  C.  C. 
Greene,  a  native  of  South  Carolina,  by  whom  he  has:  Mary  E.,  now  Mrs. 
J.  W.  Allen,  of  Tulare  county;  Sallie  M.,  now  Mrs.  J.  W.Lovell;  Georgia  S., 
now  Mrs.  G.  H.  Williams;  Susan  I.;  Cornelia  M.,  and  Charles. 

Truman  Farman.  Born  in  Oneida  county.  New  York,  March  16,  1801. 
When  a  mere  child  his  parents  emigrated  to  New  Haven,  Oswego  county. 
In  the  year  1837  we  find  him  in  the  southern  part  of  Wisconsin  engaged  in 
farming.  This  State  he  left  in  1842,  and  proceeded  to  Hebron,  McHenry 
county,  Illinois,  where,  although  a  Republican,  and  the  administration 
Democratic,  Mr.  Farman  was  Postmaster  for  a  number  of  years,  notwith- 
standing several  attempts  were  made  to  oust  him.  He  came  to  California 
via  Nicaragua  and  landed  at  San  Francisco,  February  3, 1856,  proceeding  to 
Gilroy  three  weeks  after.  Here  he  located  on  a  farm  a  mile  and  a  half 
from  the  town  and  engraged  in  ranching  until  1869,  when  he  moved  into  the 
town  and  built  himself  a  home.  Mr.  Farman  owns  a  considerable  quantity 
of  town  property.  Mari'ied,  November  20,  1823,  Cerene  Perkins,  a  native 
of  Williamston,  New  York,  who  died  May  19,  1875,  by  whom  he  had  nine 
children,  all  being  dead  but  two:  Lucinda  A.,  Sarah  A.,  Alty  C,  Seth  M., 
Weltha  A.,  Sabiina  A.,  Evander  O.,  Fernando  R.,  and  George  P.;  married 
secondly,  July,  1877,  Mrs.  E.  B.  Scott,  a  native  of  Ohio. 

Asa  Ferguson  (Deceased) .  Of  English  descent,  and  whose  paternal  ances- 
tors originally  settled  near  Harper's  Ferry,  Virginia,  was  born  in  North  Caro- 
lina, June  14,  1805.  About  the  year  1811,  his  parents  moved,  by  wa}'  of  the 
"  Cumberland  Gap  "  route  and  Kentucky,  crossing  the  Ohio  river  at  the  vil- 
lage of  Cincinnati,  to  the  new  territory  of  Indiana.  During  the  first  two 
years  the  colony  of  pioneer  families  experienced  the  usual  hardships  incident 
to  border  life,  and  were  kept  in  a  nervous  state  of  alarm  by  hostile  Indians; 
and  for  mutual  safety  the  women  and  children  were  often  crowded  into  "the 
Fort,"  or  w^ooden  stocka<le,  while  the  able-bodied  men  were  engaged  in  ckar- 


60S  HISTORY    OF    SANTA    CLARA   COUNTY,    CALIFORNIA. 

ing  and  cultivating  the  land,  or  skirraishing  with  "  Proctor's  allies."  After  a 
residence  of  fifteen  or  sixteen  j-cars  in  Indiana,  Mr.  Ferguson  removed  to  Ver- 
million county,  in  the  new  State  of  Illinois,  and  erecting  a  "round-log-cabin"  on 
a  quarter-section  of  Uncle  Sam's  generous  domain,  once  more  engaged  in  farm- 
ing and  stock-raising.  In  the  year  1832  the  Asiatic  cholera  made  its  first 
appearance  in  Northern  Illinois,  while  the  celebrated  Indian  chief,  "  Black 
Hawk,"  added  to  the  excitement  by  raiding  on  the  exposed  frontier  settle- 
ments. In  this  miniature  fight,  Mr.  Ferguson  as  a  volunteer  "  high-private," 
served  with  zeal  until  his  regiment  was  disbanded  by  General  Atkinson. 
Soon  afterwards  he  grew  weary  of  devoting  so  much  hard  labor  in  turning 
the  ''  prairie  sod,"  attended  with  so  little  pay,  and  engaged  extensively  in 
buvino-  droves  of  cattle  in  Southern  Illinois  and  Indiana  and  drivintr  them 
north  to  the  new  territories  of  Wisconsin  and  Michigan,  and  to  the  then 
diminutive  towns  of  Chicfago,  Detroit,  and  the  embryo  village  of  Milwaukee 
City.  An  old  French  trader  or  trapper  and  his  Indian  wife  had  just  sold  a 
tract  of  land — the  present  site  of  this  beautiful  and  flourishin<>-  citv — and 
Mr.  Ferguson  was  among  the  first  to  speculate  in  the  lots  then  being  offered. 
He,  with  many  others,  was  seized  with  this  speculative  fever,  and  soon 
acquiring  a  handsome  little  sum  proceeded,  in  1836,  to  New  York  City  to 
purchase  a  stock  of  goods.  While  there  he  was  advised  by  "  older  heads  " 
to  close  out  the  remainder  of  his  Milwaukee  and  Chicatro  lots,  contract  his 
business  and  prepare  for  a  financial  "  crisis  "  that  would  soon  shake  up  and 
sweep  over  the  entire  north-western  country.  Upon  his  return  to  Chicago 
and  Milwaukee  he  was  prompt  to  follow  this  advice,  closed  out  in  time  to  save 
a  little,  and  returned  to  Vermillion  county,  Illinois,  where  he  engaged  in 
merchandising  and  farming  until  1839,  when  he  removed  to  Cape  Girardeau 
county,  Missouri.  He  was  quite  prosperous  in  this  new  location,  ami  his 
independent  spirit  and  untiring  energy  prompted  several  old  settlers  on  one 
occasion  to  inquire  of  him  if  he  was  not  a  "  Yankee."  He  assured  his 
inquisitive  friends  that  he  wrts,  though  minuis  the  ''  blue  streak."  In  the 
Spring  of  18 i7  his  business  had  so  expanded  in  several  States  as  to  justify 
his  removal  to  the  city  of  Philadelphia,  where  he  remained  until  1850,  mean- 
while activelv  encraned  in  the  commission  and  mercantile  business.  h\  the 
Spring  of  1854,  owing  mainly  to  ill- health,  he  was  induced,  though  at  a 
pecuniary  loss,  to  cross  the  plains  with  an  outfit  and  drove  of  cattle  bound 
for  California,  hoping  the  overland  journey  and  a  new  climate  would  mate- 
rially benefit  his  health.  He  arrived  at  San  Jose  in  October  of  that  year, 
where  he  resided  until  the  following  year,  when  he  settled  at  Gilroy  and 
located  on  the  tract  of  land  now  occupied  by  his  two  sons,  J.  L.  and  M.  L. 
Ferguson.  He  died  November  11,  1863,  and  is  buried  in  Oak  Hih  Cemetery 
at  San  Jose.  Mr.  Ferguson  was  married,  October  2,  1828,  to  Parthenia  S. 
Anderson,  a  native  of  Madison  county,  Kentucky,     She  was  born    July  15, 


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ItHE  new  YORK 

PUBLIC  LIBRARY 


A»TO'',  f'NCX  AND 

Tii.-i  r-our-«ATi.-ris. 


JUOGRAI'llIES — GILIIUY    T(nVNSlII['.  (JO!) 

1807,  and  still  survives  ami  is  in  the  enjoyment  of  excelleTit  iu-altli.  Wln-na 
mei-e  chiM  her  parents  became  so  imbued  with  anti-slavery  sentiments  tiiat 
they  sold  out  their  "  Old  Kentucky  Home"  and  removed  io  th.?  new  and 
free  territory  of  Indiana  Mrs.  Ferji^uson's  ancestors  were  of  the  liaivliy 
"  Scotch-Irish,  Presbyterian  colony  "  that  settled  at  a  very  early  day  in 
Augusta  county, Virginia.     Her  family  now  consists  of  seven  grown  children. 

Spencer  P.  Fine.  Bom  in  LaFayette  county,  Missouri,  May  13,  183G, 
and  there  received  his  early  education.  In  1854  he  came  with  his  father  to 
California,  crossing  the  plains  with  a  drove  of  cattle,  and  located  first  at 
Mayfield,  Santa  Clara  county.  In  185G  he  settled  with  his  father  on  his 
present  property;  in  1857  he  conducted  a  grazing  ranch  in  the  mountains, 
where  he  continued  until  the  drouth  of  18C4,  when  he  returned  to  his  home- 
stead and  has  since  resided  thereon.  In  July,  1859,  he  returned  to  the  East, 
and  in  December  entered  Jones'  Commercial  Scho  )1,  thei-e  completing  his 
education,  being,  however,  obliged  to  leave  on  account  of  ill-health  before 
the  time  of  graduating.  In  June,  18G0,  he  returned  to  this  county,  and  has 
since  been  engaged  in  farming.  Married,  May  13, 1868,  Maryline  McCutchen 
a  native  of  California,  by  whom  he  has:  Spencer,  born  February  2C,  1870; 
Lidgard,  born  May  22,1872;  Milbra,  born  July  IG,  1874',  died  November 
17,  1880;  Ada,  born  January  20,  1878;  Bertie,  born  August  2G,  1880. 

James  Fitzgerald.  Was  born  in  Canada,  June  1,  1840,  and  is  the 
eldest  son  of  Patrick  and  Johanna  Fitzgerald.  In  his  native  place  he 
received  his  education  and  was  raised  a  farmer;  in  1851  he  started  to  Cali- 
fornia, ari-iving  June  18,  1851;  he  came  direct  to  Santa  Clara  county^ 
located  in  Gilroy  township  on  the  ranch  of  eleven  hundred  aci*es  he  now 
occupies,  and  there  resides  with  his  aged  mother.  His  father  died  in  Canada, 
August  2G,  1849.  The  subject  of  this  sketch  attended  the  Santa  Clara 
College  in  the  year  1852,  where  he  finished  his  education.     Is  unmarried. 

John  S.  Fitzsrerald.  Youngest  son  of  Patrick  ami  Johanna  Fitzorerald, 
born  in  Canada,  May  24,  1848.  His  father  died  August  2G,  1849,  and  in 
1851  his  mother  and  family  emigrated  to  California,  via  Panama,  landing 
in  San  Francisco  June  18,  1851.  The  family  settled  at  once  in  Gih-oy 
township,  Santa  Clara  county,  where  the  subject  of  this  sketch  has  ever 
since  resided;  here  he  received  his  education,  fiuishini;  with  a  term  at  the 
Pacific  Business  College,  San  Francisco,  in  1870.  He  married,  February  5, 
1872,  Mamie  M.,  daughter  of  Captain  Gray,  by  whom  he  had  two  children: 
John,  born  December  7,  1872:  Frances,  born  August  8,  1874.  Mrs.  Mamie 
Fitzgerald  died  March  4,  1872.  On  August  13,  1879,  he  married  Loui.sa, 
youngest  daughter  of  the  late  Dr.  Diezmann,  of  Graytowu,  Central  America, 
and  has:  James,  born  May  18,  1880. 
39 


610  HISTORY    OF   SANTA   CLARA   COUNTY,    CALIFORNIA. 

Patrick  Fitzgerald.  Born  in  Canada,  April  18,  1843.  In  1853^ 
when  ten  years  old,  he  accompanied  his  parents  to  California,  and,  traveling 
via  the  Isthmus  of  Panama,  arrived  in  San  Francisco  in  June  of  that  year. 
He  came  direct  to  Santa  Clara  county;  located  in  Gilroy,  where  he  was  edu- 
cated and  grew  to  manhood.  His  first  employment  was  herding  cattle,  and 
working  on  a  farm.  In  1875  he  embarked  in  the  livery  business  in  Gilroy^ 
in  partnership  with  his  brother  William,  in  which  occupation  he  is  now 
engaged.  Married,  January  SO,  1881,  May  A.  Fitzgerald,  a  native  of  Cali- 
fornia. 

WiHiam  Fitzgerald.  Born  in  Frampton  township,  Canada,  April  14, 
1845.  At  the  age  of  eight  years  he  came  to  California,  with  his  parents,  via 
the  Isthmus  of  Panama.^arriving  in  San  Francisco  June,  1853.  The  family 
coming  diiect  to  Santa  Clara  county,  they  located  in  Gilroy  township, 
where  Mr.  Fitzgerald  Sr.,  followed  farming  for  several  years,  our  subject 
being  reared  a  farmer.  In  1875,  with  his  brother  Patrick,  he  engaged  in 
the  livery  business  in  Gilroy,  which  they  now  conduct.  Married,  April  21 
1879,  Margaret  Cullen,  a  native  of  Canada,  by  whom  he  has  :  Mary  Kace, 
born  March  27,  1880. 

Charles  Francois.  Born  in  France,  March  20,  1819.  In  the  year 
1855  he  emigrated  to  the  United  States,  and,  after  residing  in  New 
York  for  nearly  six  years,  came  to  San  Francisco,  where  he  arrived  Novem- 
ber 2G,  1861.  There  he  remained  until  he  located  on  his  present  farm  of  one 
hundred  and  eighty  acres,  October  1,  1807.  Mr.  Fran(,-ois  has  twenty-five 
acres  of  a  vineyard.  Married,  September  13,  1853,  Adele  DeVaux,  a  native 
of  France,  who  was  born  January  3,  1833. 

W.  N.  Furlong.  The  subject  of  this  sketch  is  a  native  of  Canada,  hav- 
ing been  born  there  March  21,  1886,  but  losing  his  parents  at  a  very  tender 
age  he  was  thrown  upon  his  own  resources.  The  early  part  of  his  life 
was  spent  in  New  York  City  and  New  Jersey,  and  finally  settled  in  Phila- 
delphia where  Mr.  Furlong  received  his  scholastic  training  and  acquired  the 
carpenter's  trade,  but  his  keen  foresight  having  showed  him  there  was  in  the 
broad  and  beautiful  Occident  a  destiny  that  only  required  the  hands  of 
industry  to  consummate,  he  bade  farewell  to  the  quaint  old  Quaker  city  on 
December  1,  1858,  and  being  "  cribbed,  cabined  and  confined  "  for  a  space  on 
board  the  steamer  Golden  Age,  landed  in  California  on  the  28th  of  the 
same  month.  At  the  end  of  two  months'  toil,  and  obtaining  an  insight  into 
the  modus  operandi  of  the  trade  on  the  coast,  we  find  Mr.  Furlong  develop- 
ing into  a  Contractor,  in  addition  to  the  cares  of  his  bench.  Eight  years  of 
these  undertakings  having  expired,  he  next  engaged  in  the  lumber  trade  for 
four  years  in  partnership  with  William  Hanna,  at  the  same  time  having 


BIOGRAPHIES — GILROY    TOWNSHIP.  <II1 

some  transactions  in  real  estate.  In  the  year  ISOS  we  find  he  ha.s  .sold  his 
luinbei'  interest  and  bought  into  the  Hollister  Honiestead  As.sociation,  but 
soon  disposing  of  his  share  in  that  enterprise  he  eMil)arkcd  in  real  estate 
operations  in  Oakland,  Alameda  county,  being  at  thi;  same  time  interested 
in  the  Bank  of  Gilroy.  In  1874-,  he  retired  from  these  affairs.  It  is  not 
alone  as  a  man  of  commercial  enterprise  that  Mr.  Furlong's  ability  has  been 
recognized,  for  in  the  year  1871  In'  was  electuil  t<>  the  responsible  position 
of  Supervisor  lor  Dist)'ict  No.  8,  by  an  overwhelming  majoritv,  and 
served  for  two  terms  of  four  years  each.  In  adilitiou  to  the  onerous 
duties  consequent  on  this  exalted  position,  he  filled  the  Mayor's  Chair  in  the 
City  of  Gilroy  from  the  years  1874  to  1876.  Mr.  Furlong  is  now  engaged 
in  farming  and  stock-raising  on  his  property  comprising  six  hundred  acres, 
whither  he  moved  in  January,  1879.  Married,  ]J)ecember  5,  18G1,  Mary  E. 
White,  a  native  of  New  Orleans,  born  September  6,  183!),  who  came  to  the 
Pacitic  coast  on  her  way  to  Oregon  in  1843,  by  whom  he  has:  Albert  W.,  born 
June  9,  1863;  Mary  Caroline,  born  June  11,  1867;  George  Washington,  born 
February  22,  1870.  We  cannot  conclude  this  slight  biography  of  Mr.  Fur- 
long without  recording  that  in  all  his  relations  as  privata  citizsn  and  public 
officer,  he  has  ever  maintained  the  character  of  an  exemplary  mail,  whose 
efficiency  is  unquestioned  and  who.se  integrity  is  above  suspicion.  Mr.  Fur- 
long was  elected,  February  28,  1876,  Supervisor  for  the  Seventh  District, 
when  the  county  was  redistricted. 

Laban  H.  Gruwell.  Born  in  Fayette  county,  Imliana,  March  5,  1816. 
Acconipauying  his  parents  when  eleven  years  of  age  to  Quincy,  Illinois,  he 
was  there  educated  and  resided  for  the  following  seven  years.  When  at  eigh- 
teen he  was  employed  in  the  office  of  the  County  Sheriff  as  collector,  being 
made  a  deputy  one  year  later.  This  position  he  held  four  years  when  he  moved 
to  Carthage.  In  the  year  1836  he  moved  to  Van  Buren  county,  Iowa,  where 
he  was  Deputy  Sheriff  for  two  years,  and  in  1852  cro.5sed  the  plains  to  Cali- 
fornia, first  locating  near  San  Jos^,  Santa  Clara  count v,  on  the  14th  of 
October  of  that  year.  For  the  first  two  months  Mr.  Gruwell  kept  a 
boarding-house;  in  the  Spring  of  1853  he  purchaseil  a  ranch  near  Santa  Clara 
which  he  occupied  until  1862,  farming  also  during  this  period  in  Amador 
and  Napa  counties.  In  the  last-mentioned  year  he  left  Napa  and  took  up 
his  domicile  in  Santa  Clara  county,  where  he  engaged  in  stock-raising  on  a 
farm  of  four  hundred  acres;  in  1864  he  disposed  of  his  ranch  and  removed  to 
Lake  county  where  he  dwelt  until  the  Fall  of  1870  when  he  returned  to 
Santa  Clara.  In  1875  Mr.  Gruwell  moved  to  San  Luis  Obispo  and  there 
conducted  a  hotel  for  two  years;  for  two  years  more  he  was  engaged  in  the 
dairying  business;  when,  owing  to  the  failure  of  his  wife's  health  he  returned 
to  this  valley,  purchased  a  farm  near  Gilroy,  where  he  has  since  resided.    Mr. 


612  HISTORY    OF    SANTA    CLARA   COUNTY,    CALIFORNIA. 

Gruwell  was  Deputy  Sheriff  in  Napa  county  during  the  year  1858.  He 
married,  November  16,  1837,  Eliza  Jane  Wilson,  a  native  of  Kentucky.,  and 
has:  Amanda  M.,  born  September  15,  1838;  Jacob  0  ,  born  December  23, 
1840;  Ann,  born  February  24,  1842;  Joseph  W.,  born  May  14,  1844; 
Jenette,  born  March  24,  1847;  Ruth  A.,  born  July  21,  1849;  Jemima  M., 
born  March  3,  1852;  George  W.,  born  April  1,  1854;  Charles  L.,  born  July 
30,  1856;  Betty,  born  November  21,  1858;  Laura,  born  March  9,  1861 

Hon,  William  Hanna.  The  subject  of  this  sketch  was  born  in  Union 
county,  Indiana,  August  5,  1812.  When  twenty-two  year^  old  he  moved 
to  Warren  county,  Illinois,  where  he  engaged  extensively  in  farming  and 
stock-raising.  Owing  to  failing  health  he  sold  his  possessions  in  Illinois  and 
in  December,  1859,  sailed^with  his  family  by  way  of  Panama  for  the  more 
mi  d  and  health- giving  climate  of  California,  arriving  in  San  Francisco 
January  9,  1860,  from  whence  he  came  direct  to  Gilroy,  where  he  has  since 
resided.  Mr.  Hanna  belongs  to  an  ancient  and  honorable  family,  many  of 
whom  shed  their  blood  in  the  cause  that  gave  us  a  free  and  happy  republic. 
He  was  married,  December  14,  1848,  to  Rebekah  Cresswell,  daughter  of  Gen- 
eral Samuel  Cresswell  of  Ohio,  by  whom  he  had  nine  children,  five  boys  and 
four  girls,  four  of  whom  are  dead  and  five  living.  Mr.  Hanna  soon  after  arriv- 
ing at  Gilroy  engaged  actively  and  extensivel}^  in  the  lumber  business,  and  to 
him  more  than  to  any  other  member  of  that  community,  belongs  the  honor  of 
the  rapid  growth  and  symmetrical  homes  of  the  beautiful  little  city  of  Gilroy. 
No  deserving  man  ever  sought  his  help  to  build  a  house  for  himself  and  fam- 
ily in  vain.  No  man  stands  higher  or  is  more  beloved  by  the  community, 
and  is  justl}^  renowned  for  his  unsullied  morals,  his  rigid  integrity  and  his 
high  sense  of  honor.  He  has  sei'ved  the  city  of  Gilroy  in  the  capacity  of 
Councilman  and  Mayor  and  was  elected  by  a  large  majority  of  the  citizens  of 
Santa  Clara  county  to  the  Legislature  in  1877,  whom  he  represented  with 
his  usual  conscientious  uprightness,  always  casting  his  vote  in  favor  of 
justice,  and  against  corruption  and  frauds.  Few  men  are  better  informed 
on  governmental  and  scientific  subjects  than  Mr.  Hanna,  he  being  an  ardent 
and  devoted  student  of  the  latter.  He  is  the  inventor  and  patentee  of 
two  improvements  in  mechanism  which  bid  fair  to  revolutionize  steam  propell- 
ing power  on  land  and  sea.  Though  strong,  physically  and  intellectually,  he 
is  now  in  the  sere  and  yellow  leaf  of  life  and  has  retired  from  the  active  cares 
of  business  pursuits,  and  lives  in  the  peaceful  repose  of  a  happy  home,  sur- 
rounded by  devoted  children  where  he  can  serenely  review  a  life  spent 
without  a  stain  to  sully  or  a  blot  to  mar  its  escutcheon. 

William  Hartshorn.     Born    in  Pendleton,    Lancashire,    England,    in 
April,  1817.     In  the  year  1848  he  emigrated  to  the  United  States,  first  set 


BIOGRAPHIES — GILROY    TOWNSHIP.  fll:} 

tling  in  St.  Louis,  where  he  engaged  in  coal  mining  for  two  and  one-half 
years.  He  then  went  to  Salt  Lake  and  passed  the  Winter  and  Spring. 
Carson  Valley  was  his  home  until  18.')(j,  in  which  year  he  came  to  California. 
Mr.  Hartshorn  and  family  arrived  in  Gilioy  November  3,  1850.  Tn  a  short 
time  he  located  on  his  {ircscnt  property  of  two  lumdred  ami  fifty-five  acres> 
situated  five  miles  west  of  Gilroy.  Married,  February  3,  1842,  Sarah 
Bo  wen,  a  native  of  England,  who  was  born  in  1819,  and  has:  M.  E., 
now  Mrs.  John  D.  Burns,  born  October  31,  18.59,  in  St.  Louis,  Missouri; 
and  M.  J.,  born  August  23,  1855,  in  Carson  Valley,  Nevada. 

Adam  Herold.  Was  born  in  Bavaria,  Germany,  February  13,  1842. 
Airived  in  New  York,  February  7,  18G9,  and  soon  after  proceeded  to  Buf- 
falo, but  remaining  there  only  four  months,  came  to  California  where  he 
arrived  July  3d,  of  that  year.  He  was  first  employed  for  four  months  on  a 
farm  in  Contra  Costa  county;  he  then  came  to  Santa  Clara  county,  but  left 
in  1872  and  conducted  for  five  years  a  public  hou.se  on  the  Pacheco  Pass 
road.  Mr.  Herold  next  came  to  Gilroy,  bought  the  Gilroy  Brewery,  and  has 
since  been  its  proprietor.  Married,  in  1869,  Clara  Rosa  Brown,  a  native  of 
Germany,  by  whom  he  has  :     Rudolph,  Eugene,  Matilda,  and  Oscar. 

P.  C,  Hodges.  Born  in  Surry  county,  North  Carolina,  July  19,  1825, 
where  he  resided  and  was  educated.  When  twenty-two  years  of  age  he  took 
up  a  residence  in  Jackson  county,  Missouri,  and  there  remained  for  some 
four  years.  May  9,  1852,  he  started  across  the  plains  for  California  and 
arrived  in  Napa  county,  November  28th,  of  that  year,  where  he  remained 
for  eleven  months,  at  the  expiry  of  which  he  removed  to  Santa  Clara 
count}'.  Locating  in  the  vicinity  of  San  Jose,  he  followed  the  occupation  of 
a  teamster,  for  the  most  part,  until  1867,  in  the  Fall,  when  he  transferred 
his  residence  to  Gilroy  township.  In  the  Spring  of  1869,  in  partnership  with 
Mr.  Whitehurst,  he  erected  a  saw-mill  in  the  French  redwoods  where  they 
jointly  own  two  thousand  seven  hundred  and  fifty  acres  of  timber  land. 
Mr.  Hodges  married,  December  4,  1870,  Judith  Franklin,  a  native  of  North 
Carolina. 

Milton  T.  Holsclaw.  This  worthy  pioneei-  was  horn  in  Howard 
county,  Missouri,  July  12,  1827,  where  he  received  a  limited  education,  and 
learned  the  blacksmith's  trade  with  his  father,  who  carried  on  that  business 
in  connection  with  farming.  He  is  the  eldest  of  fourteen  children,  ten  of 
whom  lived  to  man's  estate.  Mr.  Holsclaw  joined  the  Christian  Church, 
August  23,  1849.  In  company  with  his  brothers,  Clifton  D.,  and  James  P- 
Holsclaw,  the  subject  of  our  narrative,  left  his  native  State  to  cro.ss  the 
plains  for  California,  arriving  at  Diamond  Springs  the  9th  September  of  that 
year.     Here  they  erected   the  second  house  in  that  place,  established  a  pro- 


614  HISTORY    OF   SANTA    CLARA   COUNTY,    CALIFORNIA. 

vision  depot  and  made  it  their  headquarters,  also  engaging  in  minino-  in  the 
Martinez  and  Weber  creeks,  finally  moving,  in  January,  1S51,  to  the  mid- 
dle fork  of  the  Cosumne  river,  where  they  were  successful,  until  April  1st, 
niaking  from  forty  to  fifty  dollars  a  day  per  man.  At  this  time  Mr.  Hols- 
claw's  two  brothers  joined  the  forces  sent  to  meet  the  Indians,  while  our 
subject  proceeded  to  Sacramento  City,  where,  purchasing  a  wagon  and  team, 
he  commenced  freighting  to  Grass  Valley,  Yuba,  and  Placerville.  In  the 
month  of  June  he  laid  in  a  stock  of  provisions,  and,  proceeding  to  Shasta 
City,  sold  them,  but  su  bold  were  the  natives  that  he  had  to  stand  ffuard 
over  his  mules  in  the  very  heart  of  the  town.  He  then  returned  to  Sacra- 
mento, after  a  rapid  march  from  fear  of  Indians,  and  there,  on  July  3d, 
once  more  joined  his  brothers.  The  National  Holiday  they  passed  in  that 
city,  and  on  the  day  after  started  southwards,  visiting  Stockton,  Livermore 
Pass,  Mission  San  Jose,  San  Josd  City,  and  finally  arrived  at  Gilroy,  Auo-ust  2, 
1851,  determining  there  to  make  their  home;  his  brother,  J.  P.  Holsclaw,  and 
himself  being  the  two  first  members  of  a  Protestant  Church  to  locate  there- 
Here  they  kept  open  house  to  members  of  all  Christian  denominations,  the 
first  arrangement  of  the  South  Methodist  Church  in  the  district  beingr  oroan- 
ized  theie  in  1853.  In  September,  1851,  he  started  the  first  blacksmith  shop 
in  Gilroy.  In  1852,  the  Holsclaw  brothers  raised  the  first  crop  of  wheat  in 
the  Gilroy  District,  which  they  conveyed  to  Alviso  and  sold  at  eight  cents 
per  pound.  In  the  following  year  they  added  barley  to  their  productions, 
and  manufactured  some  flour,  which  they  disposed  of  in  a  radius  of  thirty 
miles,  on  credit,  to  all  that  wanted  bread.  The  honesty  of  the  settlers  is 
fully  borne  out  by  Mr.  Holsclaw's  statement  that  out  of  six  thousand  dol- 
lars' worth  of  produce  thus  sold,  he  lost  only  sixteen  dollars.  In  1854  he 
moved  on  to  the  farm  now  occupied  by  Hon.  T.  R.  Thomas.  In  1854-5  he 
was  Constable  of  Gilroy  township.  In  1856  he  sold  his  farm,  and  moved 
to  the  tract  now  occupied  by  Mr.  Graff  and  Frank  Smith.  This  he  dis- 
posed of,  in  1858,  and  moved  to  the  lot  on  which  the  railroad  depot  now 
stands.  In  1859  lie  disposed  of  this  property,  and  built  the  house  now  occu- 
pied by  D.  Hildebrand,  and  there  resided  until  he  purchased,  in  1860,  a  farm 
near  that  of  D.  Zuck,  where  he  dwelt  until  18C7.  In  1868,  selling  his  land, 
he  embarked  in  the  sheep  business,  and  moved  his  family  to  the  town  of 
Gilroy.  In  1872,  disposing  of  this  last  enterprise,  he  purchased  the  property 
known  as  the  Homestead  tract,  where  he  now  resides.  In  1875  he  sold  his 
town  pi'operty,  and  took  up  his  residence  on  the  farm.  Mr.  Holsclaw  mar- 
ried, February  11,  1855,  Mary  Ann  Zuck,  a  native  of  Marion  county,  Ohio, 
by  whom  he  has  had  ten  children.  Of  these,  the  following  are  now  living: 
William  B.,  born  March  6,  1860;  Florence  Mabel,  born  November  28,  1871; 
Gracie  Ellen,  born  March  10,  1874. 


BIOGRAPHIES — GILROY    TOWNSHIP.  C15 

M.  E.  Hunter.     Born  at  Salem  Hill,  now  known  as  New  Salem,  Frank- 
lin   county,    Massachusetts,  April    25,  184<1.      Moved  to   Montaj^ue,  Massa- 
chusetts at  an  early  age,  and  there  recaiveii  his  preparatory  schooling.     At 
the  age  of   sixteen  was  apprenticed  to   the  watchmaker's   trade,  in  Boston, 
Massachussetts,  where  he  resided  until  the  breakin^'  out  of  the  Reliellion,  at 
which   time  he  enlisted  for  three   months.     Again   enlisted  in  the  Fourth 
Massachusetts  Cavalry,  for  three  years.     At  the   fall  of  Charleston,  Sauth 
Carolina,  was  commissioned,  at  the  request  of  Brigadier  General  A.  S.  Hart- 
well,  and  was  immediately  appointed  to  a  position  on  the  General's  Staff,  and 
at  the  time  of  being  mustered  out,  was  holding   the   position  of  A.  A.  C.  S- 
of  Brigade,  at   Orangeburg,  South  Carolina.     In  1865,  and  foi-  two  years 
thereafter,  he  was  working  at  his  trade  in  Chicago,  Illinois.     February  23, 
18G8,  he  arrived  in  San  Francisco,  California,  and  in  May  of  same  year  located 
in  Gilro}',  Santa  Clara  county,  where  he  has  since  resided,  working  at  his 
profession,  and  dealing  in  watches,  jewelry,  books,  etc.      Married,  February 
7,  18G4,  Lavinia  A.  Wilson,  of  Marlborough,   Massachusetts,   by   whom   he 
has  had   three   children,   one,  Lizzie  C,  born  Novembar  29,  1868,  now  liv- 
ing. 

Hugh  Stephenson  Jones.      The  subject  of  this  biography,  whose  por- 
trait appears  in  this  work,  is  a  native  of  Madison  county,  Kentucky,  where  he 
was  born,  January  9,  1832.     When  quite  young,  his  parents  moved  to  Mon- 
roe county,  Missouri,  where  they  resided  until  they  left  for  the  Pacific  coast. 
On  March  10,  1849,  they  commenced   the  arduous  undertaking  of  crossing 
the  plains,  by  the  southern  route,  to  California,  ami  ari-ived  at  San  Jos^,  in 
the  following  January.     After  remaining  there  some  months,  they  proceeded 
to  Merced  county,  but,  staying  there  only  a  short  time,  came  back  to  Santa 
Clara  county,  in  the  township  of  which   name,  the  father,  William  Jones, 
took  up  a  tract  of  land.     Here  Mr.  Jones,   Senior,  farmed  until   his  death, 
in  October,  1865.     In  1852-3,  the  gentleman  now  under  notice,  attended  the 
old  brick  school,  in  Santa  Clara,  where   he   finished   his  education,  and,  in 
1854,  returned  to  Monroe  county,  Missouri,  via  Panama  ami   New  Orleans, 
and  married,  in  Bowlirg  Gi-een,  Pike  county,  Missouri,  March  22, 1854,  Mary  F. 
Blaine,  a  native  of  Virginia,  who  died  August   17,  1863.      May  1,  1854,  Mr. 
Jones  once  more  came  to  California,  by  way  of  the  plains,  bringing  with  hira 
a  drove  of  cattle,  and  came  direct  to  Gilroy  township,  where  he  has  since 
been  interested.     He  is  the  owner  of  a  farm  of  six  hundred  acres,  and  a  fine 
mountain  range,  about  three  miles  east  of  Gilro3^  on  which   he  is  principally 
engaged  in  stock-raising.     Mr.  Jones  has  held  the  office  of  School  Trustee  of 
the  San  Ysidro  district  for  ten  years,  and  has  been  a  member  of  the  M  usonic 
order  since  1857.     Married,  secondly,  Henrietta  Freeze,  a  native  of  Germany, 
January   1,  1872,  by   whom   he   has:  Lee,  born,  June  1,   1873;   Maud,  born, 


61G  HISTORY    OF    SANTA   CLARA    COUNTY,   CALIFORNIA. 

Auj^ust  31,  1875;  George,  born,  October  6,  1877.  The  children  by  his  first 
marriage  are:  Corinne,  born  May  17,  1856;  Henry,  born  November  29, 
1859;  William,  born  April  12,  1861;  Charles,  born  July  9,  1863. 

Thomas  Kickham.  Born  in  Ireland,  in  the  year  1839.  When  nine 
years  of  age,  he  emigrated  to  the  United  States  with  his  pareni-s,  and  settled 
in  Susquehanna  county,  Pennsylvania,  where  he  remained  three  years; 
thence  he  proceeded  to  Louisiana;  from  there  to  Texas,  for  eighteen  months; 
and  finally  to  New  Orleans,  where  he  remained  until  1849,  in  which  memor- 
able year  he  came  to  California,  by  way  of  Panama.  After  a  six  months' 
.stay  in  San  Francisco,  Mr.  Kickham  proceeded  to  the  mines  in  Calaveras 
county,  where  he  was  located  for  the  chief  part  of  seven  years.  In  1862,  he 
arrived  in  Santa  Clara  county,  and  embarked  in  stock-raising  near  San 
Felipe,  but  afterwards  mo^ed  to  the  Canada  de  los  Osas,  and,  in  1878,  set- 
tled on  his  present  property.  Married,  in  1872,  Margaret  Redmond,  a  native 
of  Canada,  and  has:   William  J.,  born  in  June,  1877. 

Julius  Martin.  The  subject  of  this  sketch,  among  the  earliest  of  the 
argonauts  of  the  Pacific  coast,  was  born  in  Stokes  county.  North  Carolina, 
January  2,  1804.  He  resided  in  his  native  State  until  the  year  1837,  save 
two  years  passed  in  Port  Gibson.  In  the  year  1825  he  entered  the  German- 
town  Academy,  whei-e  he  acquired  a  sound  knowledge  of  the  classics,  prepar- 
ing himself  for  West  Point.  Afterwards  he  visited  the  prominent  localities 
of  the  Southern  States,  and  finally  engaged  in  trading.  In  the  year  1837 
he  moved  to  Missouri,  and  there  re.sided  until  1843.  In  the  meantime  that 
well-known  pioneer,  Joseph  Childs,  of  Napa,  had  come  to  California  in  1841, 
and  being  delighted  with  the  beauty  of  the  country  and  its  genial  climate, 
returned  to  Missouri  in  the  following  year,  and  gave  the  most  glowing 
descriptions  to  his  former  acquaintances.  Among  these  was  Julius  Martin. 
He  at  once  determined,  with  his  wife  and  three  little  girls,  to  accompany 
Childs  on  his  return.  This  party,  consisting  of  thirty  male  adults  in  all, 
besides  six  females  (including  Martin's  children),  left  Independence  in  May, 
1843.  They  journeyed  slowly  for  some  ninety  miles,  when  they  struck  the 
Kaw  river,  and  there  found  a  large  emigration  for  Oregon,  with  ninety-five 
wagons,  and  about  twelve  hundred  men,  women  and  children.  There  they 
found  Peter  H.  Burnett,  first  Governor  of  California;  J.  W.  Nesmith,  some 
time  in  Congress  from  Oregon;  Samuel  J.  Hensley,  Major  Redding,  and 
many  others,  whose  names  are  "  familiar  in  our  mouths  as  household  woixls.' 
The  whole  party  remained  on  the  Kaw  three  days,  then,  crossing  the  stream, 
journeyed  onwards.  At  the  south  fork  of  the  Platte  they  all  met,  but  were 
four  days  in  crossing  its  turbulent  waters.  All  went  well,  and  at  last  Fort 
Laramie  was  reached.     A  few  miles  west  of  this  point   they  met  the  cele- 


I'.iocKAi'iiiKs — (;ii,i;()Y    r(i\v\siiii>.  017 

brated  mountaineer,  Joe.  Walker,  on  liis  way  to  the  fort  with  furs.  Here  he 
was  engaged  by  the  party  i'or  Califoinia  as  guide,  and,  true  to  his  word,  he 
afterwards  overtook  them  at  Independence  Rock.  From  Fort  Bridger  tliis 
latter  party  diverged  to  the  soutli  in  search  of  :;aine.  They  encamped  at  the 
head  of  Bear  river,  where  they  found  elk  and  other  luxuries,  and  at  Fort 
Hall,  those  bound  lor  Oregon  bade  adieu  to  their  friends  for  California. 
Twenty-seven  miles  west  of  Fort  Hall,  on  Snake  river,  our  friends  for  this 
country  turned  to  the  south.  Majors  Hensley  and  Redding,  Joe.  Childs,  and 
a  few  others,  proceedc<l  in  advance,  with  pack-animaLs,  with  the  view  of 
reaching  Sutter's  Fort,  there  to  procure  provisions  and  return  to  the  train. 
They  scaled  the  Siei'ra  Nevada  successfully,  and  were  soon  welcomed  by 
the  noble-hearted  Sutter.  Meanwhile,  the  small  party,  with  their  six 
wagons,  were  journeying  down  by  the  Humboldt,  then  called  the  St.  Mary's 
river.  They  encamped  at  the  sink  of  the  Humboldt  for  eight  days,  but  no 
return  party  appeared.  Snow  had  fallen  to  such  a  depth  on  the  mountain 
that  Major  Hensley  could  not  possibly  get  back.  So  Joe.  Walker  led  the 
little  party  due  south,  and  made  Walker's  (then  Mono — now  known  as 
Owen's)  lake.  Here  they  burnt  their  wagons,  and  buried  castings,  saw.s, 
and  other  articles,  which  they  designed  for  a  Hour  an.d  saw-mill  in  California. 
Provisions  were  very  scarce.  Making  pack-saddles,  they  journeyed  neces- 
•sarily  with  speed.  They  had  to  kill  one  mule  for  subsistence;  traveled 
through  Walker's  Pass,  and  ultimately  reached  Four  creeks,  at  the  site  of 
the  present  town  of  Visalia.  Thence,  by  every  point  of  the  compass,  hunt- 
ing for  game,  and  at  length  reached  Sobrianos,  on  the  Salinas,  near  the 
Mission  of  Soledad.  In  the  month  of  December,  1843,  Mr.  Martin  and  his 
party  arrived  safely  at  San  Ysidro  (Old  Gilroy).  Here  he  remained  until  1850, 
when  he  moved  to  his  present  residence,  about  a  mile  from  the  new  town  of 
Gilroy,  wdiere  he  has  since  resided.  Some  twenty  years  ago  he  was  deprived 
of  his  sight.  Here  let  us  lepeat  the  picture  of  this  worthy  man,  which, 
though  drawn  seventeen  years  ago,  is  still  a  faithful  portrait:  "Never 
more,  oh,  never  more  can  he  behold  the  beauty  of  this  earth  on  which  he 
has  dwelt  so  long,  nor  the  blue,  blue  firmament  above,  with  all  its  shining 
glories.  Sittmg  by  his  side,  as  I  have  frequently,  listening  with  delight  to 
his  many  reminiscences;  many  a  silent  tear  of  affectionate  sympathy  has 
fallen  upon  his  warm  hearth,  when  thinking  of  this  tei'rible  affliction,  and 
looking  at  his  '  sightless  eye-balls.'  Yet,  he  seems  as  cheerful  as  when  1  knew 
him  long  ago,  with  the  keen,  piercing  eye,  whose  aim  with  the  rifle  had  been 
certain  death  to  very  many  a  buck  and  grizzly  bear.  His  sense  of  hearing 
is  very  acute,  for  a  leaf  could  hardly  fall  on  the  floor  without  being  heard.  His 
memory  is  somewhat  wonderful,  fur  he  in'stantly  recognizes  a  friendly  voice,  not 
heard  for  many  long  years.  His  sense  of  touch  is  exquisite,  and  you  would 
certainly  be  astonished  to  see  him,  totally  blind,  guiding  me,  in  the  dark,  as 


618     .  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

though  by  instinct,  around  his  premises.  I  recollect,  about  three  years 
ago,  (that  would  have  been  in  1861,)  his  taking  me  over  his  extensive  ranch, 
never  stumbling,  but  walking  with  confidence  and  unerringly  to  the  differ- 
ent gates  and  bars  in  his  fence.  A  warmer  heart  than  that  of  Julius  Martin 
never  throbbed  upon  the  earth.  He  is  a  man  of  fine  education,  is  an  excel- 
lent linguist,  and  paces  to  and  fro,  repeating,  occasionally,  with  fluency, 
passages  from  Virgil,  and  often  from  the  Greek."  Such  is  this  hearty  and 
much  respected  pioneer;  long  may  he  live.  Mr.  Martin  married,  December, 
1839,  Elizabeth  McPherson,  a  native  of  Roane  county.  Tennessee,  by  whom 
he  has:  Mary  E.  now  Mrs.  P.  B.  Tully;  Arzelia  A.,  now  Mrs.  A.  Lewis; 
Martha  R.,  now  Mr.s.  F.  Oldham;  Susan,  now  Mrs.  D.  H.  Bartlett; 
Georgie,  now  Mrs.  James  F.  Johnson  ;  Julia  F.,  now  Mrs.  Charles  Horn- 
back. 

Samuel  T.  Moore.  ^Born  in  Dade  county,  Missouri,  March  10,  1849. 
In  the  year  1853,  he  crossed  the  plains,  with  his  parents,  and  first  located  at 
Gold  Hill,  El  Dorado  county,  California,  but,  in  1858,  they  moved  to  Sonoma 
county,  where  the  sul)ject  of  this  sketch  was  educated,  and  grew  to  man's 
estate.  After  completing  his  .scholastic  training  at  the  Cumberland  College, 
he  engaged  in  school  teaching,  in  Sonoma  and  Merced  counties,  for  five  yeans; 
then  he  embarked  in  merchandising,  in  San  Benito  count}^  from  1873,  to 
1878,  in  which  latter  year  he  came  to  Santa  Clara  county,  and  purchased 
the  farm,  of  one  hundred  and  eighty  acres,  on  which  he  now  resides.  Mar- 
ried, June  17,  1873,  Elizabeth* Dryden,  a  native  of  Missouri,  by  whom  he  has-. 
Oscar,  born  August  12,  1874;  Lucille,  born  June  21,  1876;  Fannie,  born 
April  23,  1880. 

H.  C.  Morey,  M.  D.  Born  in  Oneida  county.  New  York,  August  15, 
1829,  but,  at  the  tender  age  of  four  years,  he  accompanied  his  parents  to 
Huron  county,  Ohio,  where  they  located.  When  thirteen  years  old,  he  went 
to  Fulton  county,  Illinois,  where,  in  1849,  he  commenced  the  study  of  medi- 
cine, and  practiced  during  1851,  attending  his  first  lectures  in  1852,  at  the  Rush 
Medical  College,  Chicago.  In  the  Spring  of  1854,  he  graduated  and  commenced 
practicing  in  Geneseo,  Illinois.  For  the  benefit  of  his  health,  Doctor  Morey 
came  to  California,  in  tlie  Spring  of  1857,  but  shortly  thereafter  proceeded 
to  Oregon,  and  finally,  in  1850,  went  to  Rock  Island,  Illinois.  In  the  year 
1861,  however,  the  doctor  once  more  cro.ssed  the  plains  for  the  Pacific  slopes, 
arriving  at  Knight's  Landing,  Yolo  county,  and  there  practiced  until  August, 
1867:  when  he  came  to  Gilroy,  where  he  has  been  keeping  a  drug-store,  and 
following  his  profes.sion  ever  since.  Married,  April  2,  1856,  Malicia  A. 
Hobbs,  a  native  of  Maine. 

John  Murphy.     Judge  Murphy  was  born  in  the  north  of  Ireland,  July 


lUOGRAPTTTES  — OII.ROV    TOWN'STIFP.  019 

10,  18o5.  Early  in  the  year  IS-iO,  he  came  to  tlie  Unite<l  State'*,  and  set- 
tling in  Boston,  there  attended  school  until  1854,  with  the  exception  of  about 
eighteen  months,  when  he  WDt-kcd  in  a  fi/iiiidi y.  January  il!)th,  of  that 
Vfar,  he  set  sail,  from  Boston  to  Cahfornia,  via  the  Nicaragua  route,  ami 
arrived  in  San  Francisco,  March  4th.  Mr.  Murphy  at  once  went  to  Trinity 
county,  where  he  mined  for  a  year,  but  giving  that  occupation  up,  he  com- 
meuced,  first  the  reading,  and  afterwards  the  practice  of  law  in  that  section. 
In  1800,  he  was  elected  District  Attorney  lor  Trinity  county,  anil  it  was 
during  this,  his  first  term  of  public  office,  that  he  was  called  upon  to  assume 
the  more  potent  functions  of  County  Judge,  which  position  he  held  from 
January  1,  1804,  to  Januarv  1,  1808.  The  Judsfe  was  an  ardent  Union  advo- 
cate,  and  as  such,  took  the  stump  for  Abi-aham  Lincoln,  in  IS()4,  Imt  the 
excessive  fatigue  and  exposure  of  that  campaign,  so  told  upon  his  constitu- 
tion, that  he  has  never  since  entirely  regained  his  wonted  strengtli.  In  1808, 
when  his  judicial  responsibilities,  on  the  County  Bench,  had  expired,  Mr. 
Muiphy  was  compelled  to  seek  fresh  vigor  in  a  milder  climate,  to  Santa 
Barbara  therefore  he  proceeded,  and  remained  a  year,  when,  finding  himself 
sufficiently  recovered  to  engage  in  business,  he  embarked  in  sheep-raising,  in 
Monterey  county,  but  deeming  the  occupation  uncongenial,  he  di.sposed  of 
his  stock,  and  sought  for  a  new  arena.  This  he  found  in  Gilroy,  w  here  he 
pui-cha.sed  The  Gilroy  Advocate,  in  1870,  and  conducted  it  as  an  Independent 
sheet,  but  finding  this  employment  too  confining,  at  the  end  of  tliree  years, 
he  disposed  of  the  paper  to  H.  Coffin,  and  remained  at  his  home  in  the  city 
of  Gilroy,  until  1879,  when  he  removed  to  San  Benito  county,  where  he 
owns  a  stock  ranch,  but,  though  still  conducting  this  enterprise,  Mr.  Murphy 
is  domiciled  in  the  town  of  Gilroy.  He  married,  October  15,  1872,  Sarah 
Hanna,  a  native  of  Illinois,  and  has  two  children:  William  P.,  born  August 
29,  1875  ;  Henry  B.,  born  January  1,  1879. 

Since  the  above  was  written,  Mr.  Murphy  has  sustained  the  greatest  of 
human  bereavements,  in  the  death  of  his  wife,  a  notice  of  which  is  here  given, 
as  appeared  in  the  Gilroy  Advocate,  of  April  30,  1881:  Sarah  Murphy,  whose 
premature  death  occurred  at  early  dawn,  on  Friday,  the  22d  instant,  was  the 
oldest  daughter  of  AVilliam  and  Rebekah  Hanna,  was  born  near  Kirkwood, 
Warren  county,  Illinois,  August  28, 1851,  and  was  consequently  twenty-nine 
years,  seven  months  and  twenty-five  days  old,  at  the  time  of  her  death.  Her 
ancestors,  on  both  paternal  and  maternal  sides,  were  of  the  highest  social  and 
patriotic  standing.  On  her  paternal  side,  they  fought  in  the  battles  that 
made  a  free  and  mighty  Republic.  Her  maternal  grandfather,  the  late  Hon. 
Samuel  Cresswell,  was  Adjutant  General  under  General  Jackson,  in  the  war 
of  1812,  and  later  in  life,  he,  for  many  years,  represented,  with  tlistinguished 
ability,  his  district  in  the  State  Senate  of  Ohio.  Her  father,  the  Hon.  Will- 
iam Hanna,  venerable   in  years,  unsullied  in  honor,  lives  in  this  city.     Her 


620  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

mother  died  nine  years  ago.  Her  parents  left  Illinois,  and  settled  in  this 
State  and  county,  in  January,  1860,  wher'e  she  has  since  resided.  She  was 
married  to  Hon.  Judge  John  Murphy  on  the  loth  of  October,  1872,  by 
whom  she  bore  three  children,  one  girl  and  two  boys.  The  girl  died  when 
eleven  months  and  seventeen  days  old;  the  two  boys,  respectively  five  and 
two  years  old,  survive  her.  The  immense  concourse  of  mourners,  that  wet 
her  bier  with  tears,  attested  more  cogently  than  words  the  spontaneous  and 
unaffected  grief  of  her  neighbors  and  friends.  Her  well-stored  common-sense, 
practical  mind,  her  unvarying  amiability  of  disposition,  her  proverbial 
sweetness  of  temper,  her  boundless  benevolence  and  charity  of  heart,  the 
stainless  purity  of  h§r  life,  from  childhood  to  girlhood  and  womanhood,  at. 
her  own  fireside,  among  her  friends,  anywhere,  everywhere,  was  natural 
and  unaffected.  She  loved  everything  and  everybody  that  was  pure  and 
good,  and  had  hatred  oilly  for  impurity  and  sin.  Surely  a  just  and  merciful 
God  will  have  mercy  on  such  a  being.  In  all  things  she  was  natural  and 
sincei'e.  She  loved  her  husband  with  the  most  sincere  and  unalloyed  of 
human  affection;  she  loved  him  as  the  pure  and  good  wife  loves  her  husband; 
she  loved  him  as  the  father  of  her  children;  the  love  was  mutual. 

"Like  the  wild,  water  fowls,  in  mutual  love, 
Each  upon  each  dependent,  did  they  move; 
But  now,  grief-stricken,  a  poor  lonely  man. 
Unattended  and  alone  he  roams." 

As  a  daugliter  she  was  dutiful,  affectionate,  and  obedient;  as  a  wife  she 
was  perfect;  as  a  mother  her  affection  and  her  care  were  boundless  and 
unceasing ;  as  a  sister  her  love  was  ceaseless  and  perpetual ;  as  a  friend  and 
neighbor  she  was  kind  and  sincere.  She  now  rests  from  her  cares,  and  sleeps 
the  sleep  of  the  just.  Her  virtues  are  moi'e  lasting  than  monuments  of  mar- 
ble or  gold.  Soft  be  the  zephyrs  that  chant  sad  requiems  o'er  her  mound- 
Peace  to  her  ashes ;  rest  eternal  to  her  soul. 

David  H.  Neel.  Born  in  Madison  county,  Kentucky,  February  5, 1806, 
In  1812,  his  parents  moved  to  Anderson  county,  where  he  was  educated  and 
followed  farminsf,  both  stock  and  a'^ricultural,  until  he  attained  the  age  of 
twenty  years,  when  he  went  to  Ray  county,  Missouri,  and  there  engaged  in 
the  like  pursuit  until  1850.  In  that  year  he  started  for  California,  but 
remaining  eighteen  months  in  Salt  Lake  City,  he  did  not  arrive  in  San 
Mateo  county,  where  he  settled,  until  October,  1852.  Here  he  resided 
until  1859,  when  he  became  a  resident  of  Santa  Clara  county,  and  located 
on  a  tract  of  land  one  mile  north-west  from  his  present  home.  In  1865  he 
moved  to  his  present  farm  comprising  one  hundred  and  sixty  acres.  Mar- 
ried, January  18,  1839,  Avarilla  Caspar,  a  native  of  Richland  county,  Ohio, 
who  was  born  March  23,  1820.     The  following  are  the  names  of  their  ehil- 


r.HiiaiAI'HIKS — (ill, HOY     IdW  NMill'.  G21 

dven:  Anastasia  L.,  Malalin.  L.,  Williaiu  C,  A\'iiiticM  \V .  W.  ("'.,  Eniigratus^ 
Cyrus  Napoleon,  Rebecca  Jane,  Thomas  Benton,  iloeann  Richardson,  Stir- 
ling C. 

George  Niggle.  l>oni  in  Switzerland,  May  14,  1884.  \n  the  year 
185G  he  emigrated  to  New  York,  arriving  in  that  city  in  September.  Soon 
after  touching  the  shores  of  the  United  States  he  went  to  Milwaukee  where 
he  was  variously  employed;  thence  he  proceeded  to  Chicago  being  tliere 
entmo-ed  in  a  bakery;  in  1857  he  was  work inof  at  the  same  traile  in  St. 
Louis,  Missouri,  and  three  months  after  became  baker  in  the  Planter's  Hotel, 
Leavenworth,  Kansas.  In  1858,  Mr.  Niggle  came  to  California  by  steamer 
from  New  York,  remaining,  however,  for  two  months  at  Panama,  being 
employed  on  the  steamei-  Golden  Age.  In  the  Spring  ol  1858  he  came  to 
Santa  Clara  county,  and  after  being  a  shoi-t  time  engaged  at  his  trade  in 
Santa  Clara  and  San  Jose,  came  to  Gilroy  and  was  cook  in  the  E.Kchange 
Hotel  for  one  yeai-.  From  1850  until  1803,  he  conducted  a  restaurant  and 
bakery  in  that  city,  but  selling  out  in  the  latter  lie  visited  Europe  and  the 
scenes  of  his  childhood.  In  1864  he  returned  to  San  Francisco;  engaged  in 
the  hotel  business,  and  in  1870  came  back  to  Cilroy  where  he  conducted  a 
hotel  until  1874.  In  1876,  he  took  charge  of  the  San  Felipe  Hotel,  wliere 
he  has  a  store  and  conducts  the  post-othce.  Married,  February  14,  1864, 
Lena  Jeger,  a  native  of  Switzerland,  and  has:  John,  born  in  San  Francisco, 
December  30,  1865  ;  Mary,  born  in  Gilroy,  April  17,  1868. 

A.  W.  OHver.  Born  in  Bath,  Sagadahoc  county,  Maine,  June  11,  1835. 
Having  received  his  early  training  in  that  town,  at  the  age  of  twenty-one 
years  he  entered  Bowdoin  College,  Brunswick,  and  four  years  later  graduated. 
His  collegiate  course  concluded,  Mr.  Oliver  engaged  in  school  teaching  for 
one  year,  when,  his  health  failing,  he  took  two  voyages  at  sea,  and  then 
came  to  California,  arriving  in  San  Francisco  in  June,  1860.  He  then  pro- 
ceeded to  Nevada,  where  he  served  one  term  as  reporter  and  correspondent 
in  the  Legislature  and  afterwards  proceeded  to  the  Humboldt  mines  and 
worked  for  sometim.e;  served  one  term  as  Probate  Judge  of  Humboldt  county^ 
then  i-eturning  to  California  located  at  Napa,  and  taught  school  there  for 
three  terms.  The  subject  of  our  sketch  next  proceeded  to  San  Diego  where 
he  lived  for  four  years,  on  the  expiry  of  which  he  transferred  his  residence 
to  Gilroy  and  took  charge  of  the  public  schools  of  that  town  as  Superintend- 
ent. It  is  a  pleasure  to  record  that  under  his  management  these  institutions 
are  in  a  flourishing  condition.  Married,  June  11,  1867,  Caroline  F.  Bur- 
rows, a  native  of  New  York,  and  graduate  of  the  Normal  School  of  that 
State  at  Albany,  by  wh)m  he  has:  Herbert  B.,  born  September  17,  1870, 
and  died  November  3,  1871  ;  Ernest  \V.,  born  April  5,  1873;  Augu.stus  I., 
born  November  16,  1874;  Arthur  D.,  born  March  4,  1876;  and  Roland  B., 
born  December  8,  1879. 


G22  HISTORY    OF    SANTA    CLARA    fHHTNTY,    CALIFORNIA. 

John  George  Otto.  Born  in  Fiankfort,  Germany,  June  15,  1826,  where 
he  resided  and  was  educated  until  1849,  when  he  emigrated  to  the  United 
States,  first  settUng  in  New  York  City.  Here  he  worked  at  his  trade  for 
five  yeai-s,  and  after  engaged  in  the  liotel  business  which  he  continued  until 
September,  1877,  when  he  started  for  California.  On  arrival  he  remained 
five  months  in  San  Francisco,  at  the  expiration  of  which,  he  made  the  home 
for  which  he  sought  in  Gilroy,  having  arrived  there,  February  20,  1878. 
Mr.  Otto  is  the  present  Mayor  of  Gilroy,  to  which  office  he  was  elected.  May 
8,  1880.  Married,  October  10,  1853,  Dora  Beck,  a  native  of  Wurtemberg-, 
Germany,  and  has  no  family. 

S.  M.  Ousley  (Deceased).  Was  born  in  the  State  of  Kentucky,  February 
18,  1813.  In  the  ye/ir  1835  he  settled  in  Clay  county,  Missouri,  and 
engaged  in  farming.  January  11,  1837,  he  married  Electa  Rockwell,  a 
native  of  Ontario  county.  New  York.  In  1839  he  removed  with  his  family 
to  Andrew  county,  Missouri,  where  he  resided  until  1852.  By  this  time 
the  wonderful  stories  of  the  new  Dorado  had  found  their  way  into  every 
city  and  village  east  of  the  Rocky  Mountains,  and  every  place  added  its 
number  to  the  emigrant  trains  which  were  continually  leaving  for  California. 
Mr.  Ousle}^  with  his  wife  and  seven  children  joined  one  of  these  trains,  and 
after  suffering  all  the  hardships  of  so  long  a  journey,  arrived  at  Salt  Lake. 
There  he  stopped  during  the  Winter,  and  in  the  following  Spring  continued 
his  journey,  arriving  at  Deer  Creek,  near  Placerville,  in  Jul_y,  1853.  The 
next  March  he  left  this  place  and  settled  in  Gilroy,  Santa  Clara  county.  The 
land  titles  being  doubtful,  he  simply  located  his  home  and  turned  his  cattle 
upon  the  open  pastures,  with  the  understanding  that  he  would  buy  when 
the  titles  were  made  clear.  This  did  not  happen  during  his  life-time.  October 
1,  1855,  he  was  killed  by  the  falling  of  a  bucket  while  working  in  a  well  on 
Mr.  Angney's  farm.  It  is  but  just  and  right  that  the  woman,  who,  by  this 
affliction,  was  left  the  sole  provider  for  a  large  family — six  daughters  and 
three  sons — should  be  honorably  mentioned  in  this  place.  Left  as  she  was 
in  a  strange  land  with  her  almost  helpless  children,  her  farm  unpurchased, 
did  she  despair?  No,  no!  It  is  when  under  the  rod  that  the  noblest  traits, 
of  woman  shine  forth.  Thus,  this  woman  went  on  from  year  to  year,  carry- 
ing her  burden  alone,  watching  carefully  the  moral  as  well  as  the  physical  train- 
ing of  her  children ;  every  year  adding  a  little  to  the  estate.  She  has  paid 
for  her  farm  of  six  hundred  and  thirty  acres,  erected  good  buildings,  gathered 
around  her  the  comforts  of  life,  and  now  sits  in  the  midst  of  her  grown-up 
family  like  a  true  mother  in  Israel— loved  and  honored  by  all. 

John  Paine.  Born  in  Ireland,  July  4,  1833.  In  the  year  1844  he  emi- 
grated to  the  United  States  and  located  in  Westchester  county.  New  York, 


BIOGRAPHIES — GILROV    ToWNSIlII'.  rr^'.i 

where  he  was  employed  on  the  i'anu  of  K  K.  Collins,  ot  the  well-kiiuwu 
Steamboat  Navigation  Company.  For  the  tii-st  three  years  his  pay  was  very 
small,  ranging  between  two  and  a  half  and  eight  dollars  per  month.  Mr.  Paine 
next  was  engaged  as  a  clerk  to  a  Mi-.  Mnrshali  for  three  years  and  a  half,  at 
the  end  of  which  he  returned  home,  his  father  Ijeing  ill  at  \'alley  Falls. 
Rhode  Island.  There  he  remained  and  was  variously  employed  until  in 
1858,  he  removed  to  Warren  county,  Illinois,  and  worked  on  the  ranch  of 
Samuel  Hanna  &  Son.  On  November  22,  18o9,  he  started  in  company  with 
William  Hanna  and  family  via  the  Isthmus  of  Panama  to  California,  and 
arrived  in  San  Francisco  January  8,  18(50.  The  next  day  found  him  in 
Gilroy,  and  soon  after  engaged  at  work  on  the  Uvas  creek.  Mr.  Hanna  now 
opening  a  store  our  subject  was  put  in  charge  thereof  and  so  continued 
until  July  7th,  when  he  commenced  threshing  with  hor.se-power  on  the  Ber- 
reyessa  ranch, and  afterwards  took  the  round  of  the  other  farms.  In  the  Fall  of 
that  year  he  engaged  in  transporting  lumber,  in  partnershij>  with  Torn 
Gaines,  with  three  yoke  of  oxen  they  had  purchased  from  Hanna  Bros.,  from 
the  Hanna  mill  at  the  head  of  Muiphy's  canon.  This  enterprise  he  con- 
tinued until  January,  18G4',  when  he  and  his  brother  Mike  started  a  hotel — 
now  known  as  the  Hilldale  property.  In  1807  they  moved  to  Gilroy  where 
they  conducted  a  feed  store  until  April  1,  18G8,  when  they  embarked  in  the 
livery  business,  and  in  the  Fall  of  1876  purch.ased  his  brothers'  interest. 
He  owns  also  the  stage  line  to  the  Gilroy  Hot  Springs,  Los  Bahos,  and  Fire- 
baugh'.s.  Mr.  Paine  asserts  that  he  owes  a  debt  of  deep  gratitude  to  Will- 
iam Hanna  and  Captain  Adams  for  many  favors  received  at  their  hands. 
He  married,  February  9,  1864,  O.  V.  Cottle,  a  native  of  Missouri,  and  has: 
William  A.,  Michael  John,  and  Maria  H. 

James  F.  Phegley.  Born  in  New  Madrid  county,  Missouri,  November 
7,  18:38.  As  the  age  of  twelve  years  he  accompanied  his  parents  to  Pemis- 
cot county,  Missouri,  where  he  resided  for  a  number  of  years;  thence  pro- 
ceeding to  Dyer  county,  Tennessee,  being  educated  at  Arcada,  Missouri.  His 
parents  now  returning  to  New  Madrid  county,  he  joined  them  and  there 
resided  until  he  started  for  California,  arriving  in  San  Francisco  April  1, 
1870.  The  next  day  he  came  to  Santa  Clara  county,  and  on  the  fifteenth 
day  of  that  month  purchased  a  tract  of  land  near  the  Eighteen-mile  Hou.se 
which  he  occupied  until  1876,  at  which  time  he  transferred  his  residence  to 
Gilroy  for  the  purpose  of  giving  his  family  the  benefit  of  the  schools  there. 
After  remaining  in  the  town  three  years  he  moved  to  the  Hanna  ranch. 
Mr.  Phegley  owns  two  hundred  and  forty-four  acres  of  land  at  the  Eighteen- 
mile  House.  Married,  September  26,  1860,  Mary  Catharine  Hancock,  a 
native  of  New  Madrid  county,  Mis.souri,  and  has  five  children,  viz.:  Stella, 
born  September  2,  1861;  William  M.,  born  February  24,  1863;  Anna  M., 


624  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

born   April   2,   18C5;  David   F.,  born   July  30,    1869;  natives  of  Missouri; 
Norah  May,  born  May  29,  1875;  native  of  California. 

Darius  M.  Pyle.  Born  in  Vermillion  county,  Indiana,  April  20,  1851. 
In  1852,  his  father  came  to  California,  and,  in  1855,  the  subject  of  our 
sketch,  and  his  mother  and  eldest  sister,  arrived  in  San  Francisco,  by  way  of 
the  Isthmus  of  Panama,  and  at  once  proceeded  to  Sutterville,  Yolo  county, 
where  Mr.  Pyle,  Sr.,  was  conducting  a  ferry-boat.  In  1858,  they  took  up 
their  residence  near  Silveyville,  Solano  county,  Mr.  P3^1e  remembering' dis- 
tinctly the  first  load  of  lumber  that  was  taken  to  commence  the  building  of 
the  present  town  of  Dixon.  Here  the  elder  Mr.  Pyle  engaged  in  farming, 
while  our  subject  received  his  education  at  the  University  of  the  Pacific, 
Santa  Clara  county.  In  the  year  1869  his  parents  had  moved  to  Santa 
Clara,  and  commenced  ranching.  At  the  end  of  his  curriculum  of  two  years 
and  a  half  D.  M.  Pyle  joined  them  for  one  season.  He  then,  in  1872,  was 
engaged  in  a  tin  shop,  in  Santa  Clara,  and  afterwards  taught  for  four  years, 
being  the  Principal  of  the  Alviso  school,  and,  at  the  same  time  Clei'k  of  the 
Board  of  Trustees,  and  Assessor  of  the  town  of  Santa  Clara.  At  the  expir- 
ation of  tliat  time,  in  1876,  he  embarked  in  the  dairy  business,  at  Gilroy, 
where  he  at  present  resides.  Married,  December  24,  1871,  Mary  Rea,  and 
has:  Elmo  E.,  and  Mary  Aldean. 

Samuel  E>ea.  The  subject  of  this  sketch  is  the  third  son  of  James  and 
Hannah  Rea,  and  was  box"n  in  Gallia  county,  Ohio,  May  4,  1830.  When 
but  five  years  of  age  he  accompanied  his  parents  to  Hancock  county,  and 
later,  to  Macon  county,  Illinois,  where  he  was  educated  and  reared  a  farmer. 
On  February  19,  1852,  he  left  for  California  via  Panama,  and  arrived  in  San 
Francisco,  July  26th  of  that  year.  He  at  once  proceeded  to  the  mines  near 
Downieville,  Sierra  county,  "where  he  remained  until  1855,  when  he  paid  his 
first  visit  to  the  Santa  Clara  valley.  Thence  he  proceeded  to  Yreka,  Siski- 
you county,  and  there  resided  until  1859,  in  which  year  he  once  more  came 
to  Santa  Clara  county,  and  worked  for  four  years  \vith  his  brother,  Thomas 
Rea.  In  the  Fall  of  1863  he  located  on  his  present  farm  of  five  hundred  acres, 
where  he  has  since  resided.  In  1879,  he  was  elected  Supervisor  for  the  Sev- 
enth Supervi.soral  District  of  the  county,  an  office  he  now  holds.  Mr.  Rea 
owes  his  success  in  life  entirely  to  his  own  unaided  efforts,  and  is  now  one  of 
the  thrifty  farmers  of  Gilroy  township,  that  localit}^  of  truly  excellent  agri- 
culturists. He  married,  May  30,  1869,  Frances  M.  Dowell,  a  native  of  Cape 
Vincent,  New  York,  and  has  two  daughters,  Florence  V.,  and  Lillian  Etta. 

Thomas  Rea.  Whose  portrait  appears  in  this  work,  was  born  near  Galli- 
polis,  Gallia  county,  Ohio,  November  22,  1820.     In  the  year  1833,  he  went 


JJlUGRAl'HIES — (ilLllUY    TUWN.Sllll'.  Ijlio 

witli  ));iients  to  Hancock  county,  M'here  Ik.-  lesidcMl  five  years;  tlirnce  to 
Macon  county,  Illinois,  at  which  place*  he  separated  From  the  family  circle 
and  couimenced  the  battle  of  life  on  his  own  account,  leaviriLj  for  Wisconsin 
in  1842  (Spring),  where  he  labored  in  the  lead  n.incs  ui»til  Novtinlii-,  1.S4!), 
and  tlien  started  foi'  California  by  w^ater,  an-ivini,'  in  San  Franci.-co,  l""t  bru- 
ary  'li,  1850.  Who  does  not  remember  those  rushinf,'  times  when  as  (piickly 
as  people  landed,  the}'  (as  quickly  staited  for  the  gold  tlistrict.  To  tlie  mines, 
therefore  went  Mr.  Rea,  first  to  Auburn,  Placer  cfunty,  thence  to  Downie- 
ville.  Sierra  county,  whire  he  remained  until  ^laich,  1852,  and  then  back  to 
the  Eastern  States,  when  he  mairicd,  April  1],  1858,  at  Sjjringfield,  Jllinois, 
Mary  Ann  Jones,  a  native  of  that  Stjite.  Ko  time  Mas  to  be  lost,  tlurcfore 
the  subject  of  our  sketch,  and  liis  n(.^vly-made  bride  commenced  the  arduous 
journey  across  the  plains,  back  <o  the  Pacific  coast.  August  saw  them 
in  Sacramento,  but  remaining  there  only  a  lew  days,  they  journeyed  to 
Santa  Clara  county,  and  founded  a  home  in  Gilroy  township,  Sej  tdnber  3, 
1853,  where  he  has  ever  since  dwelt.  Up  till  the  yeai-  18(J8,  Mr.  Rea  was 
enoajjed  in  daiiving.  In  that  vear  he  retired  from  business,  moved  into  the 
town  of  Gi  roy,  and,  in  1873,  erected  the  elegant  residence  in  which  he  now 
resides.  He  has  also  property  to  the  extent  of  a  thousand  acres.  In  Mr. 
Rea  we  see  one  of  nature  s  noblemen — a  self-made  man.  Cominjr  to  the 
State  at  an  early  date,  wdien  all  was  untamed,  as  it  were,  he  foresaw  the 
result.  By  great  energy  and  perseverance  he  has  made  fnr  himself  a  home 
in  which  is  found  all  the  comforts  that  money  can  buy  and  serenity  of  mind 
procure.  To  the  world  outside  of  his  liome,  he  is  generous,  almost  to  a 
fault,  while  within  the  sanctity  of  his  own  dwelling,  he  is  looked  up  to  as 
only  the  devoted  husband  and  afit'ectionate  parent  may  be.  His  family  con- 
sists of:  James  W.,  born  August  23,  1854;  Ada,  born  December  10,  1855, 
now  Mrs.  E.  W.  Stiange;  Emma  D.,  born  May  4,  1857,  now  Mrs.  L.  L(Hipe; 
Clara  L.,  now  Mrs.  J.  Hanna,  residing  in  Texas,  and  Carrie  M.  (twins),  born 
October  80,  1858;  George  Elnor,  born  Ma}'  20,  1862;  and  one  adopted 
daughter,  Mary,  born  January  1,  1850,  now  Mrs.  D.  M.  Pille. 

Henry  Reeve.  This  old  and  well-known  pioneer  is  a  native  of  Albany 
county,  New  York.  His  parents  moving  to  Lake  county,  Ohio,  he  there 
completed  his  education.  In  the  year  1849  we  find  Mr.  Reeve  farming 
thirty  miles  west  of  Chicago,  Illinois;  there  he  remaine<l  until  1853,  when 
he  crossed  the  plains  to  California,  bringing  with  him  his  wife  and  seven 
children.  On  September  15,  1853,  he  arrived  in  San  Jose',  Santa  Clara 
county,  and  embarked  in  farming  and  dairying,  which  he  conducted  until 
November,  1854,  when  he  removed  to  Gilroy  township,  and  settled  on  the 
ranch  where  he  now  resides,  one  mile  south  of  the  toAvn,  comprising  three 
hundred  acres.  Married  Charlotte  Shaw,  a  native  of  Montgomery  county, 
40 


G26  HISTORY    OF   SANTA   CLARA    COUNTY,    CALIFORNIA. 

New  York,  by  whom  there  are  ei^ht  children:  Oscar  A.,  of  Gilroy ;  Hannah 
M.,  now  Mrs.  J.  B.  WodIscj,  of  Oakland;  Francis  Heniy,  of  Gihoy ;  Frances 
Henrietta,  now  Mrs.  Dr.  Bryant,  of  Gihoy;  Oliver  H.  P.,  of  Gilroy;  Benja- 
min W.,  of  Gdroy ;  John  Page,  of  Gihoy;  Joseph,  born  in  California,  and  died 
in  the  ^ear  18G5. 

Patrick  Regan.  Born  in  Irelard,  March  13,  1829.  In  the  5'ear  ISo-i 
he  emigrated  to  the  United  States,  and,  after  spending  two  years  farming  in 
Massachusetts,  came  to  California,  ariiving  in  San  Francisco  November  20, 
185G.  His  first  employment  was  upon  a  farm  in  Alameda  count}';  in  1858 
he  was  farming  at  Watsonville,  Santa  Cruz  county;  he  there  remained 
fifteen  years,  and  still  owns  a  farm  in  that  district.  In  1871  he  removed  to 
Santa  Ci'ara  count}^,  and  j)urchased  the  three  hundred-acre  farm,  situated  in 
the  Canada  de  los  Osas,  on  which  he  now  I'esides.  Married,  April  12,  1857, 
Margaret  Donovan,  a  native  of  Ireland,  and  has  four  children  living. 

Jacob  Eeitlier.  Was  born  in  Bavaria,  German}',  May  13,  1832.  In 
the  year  1846  he  emigrated  to  the  United  States  and  took  up  his  residence 
in  St.  Louis,  Mis.souri,  where  he  resided  until  1850,  when  he  went  to  Illinois, 
living  in  diffeient  pai ts  of  tl  at  State  until  1853,  when  he  crossed  the 
plains  to  California,  and  arrived  at  Marysville  in  the  month  of  Septem- 
ber of  that  year.  In  this  town  he  remained  but  a  short  time;  October  1st 
saw  him  started  on  his  journey  to  Santa  Clara  county.  On  arrival  he  first 
made  his  home  in  the  little  town  of  Old  Giiroy,  but  afterwards  moved  into 
Gilroy,  where  he  has  since  been  continuously  domiciled  except  for  two 
periods  during  which  he  visited  Arizona  in  1863-4  and  the  Eastern  States 
in  1877.  Up  until  1867  Mr.  Reither  followed  farming;  in  that  year, 
however,  he  gave  up  his  bucolic  pursuits  and  opened  a  store  for  gen- 
eral merchandise,  which  business  he  still  conducts.  Mr.  Reither  has  been 
one  of  the  City  Councilmen  ever  since  the  town  of  Gilroy  has  been  incorpo- 
rated, which  position  he  still  holds.  Married,  April  13,  1853,  Miss  Martha 
Holloway  a  native  of  Illinois,  by  whom  he  has:  Emily  S.,  Dolly  S.,  and 
Clara  Belle.  His  wife  died  October  12, 1861.  Mr.  Reither  married  secondly, 
February  21,  1872,  Mrs.  Flora  Ricker,  a  native  of  Maine,  who  has  two  chil- 
dren by  a  former  marriage,  viz.:   Gertrude  and  Goldey. 

A.  Riehl.  Was  born  in  Germany,  September  8,  1831.  In  the  year  1848 
he  came  to  the  United  State  with  an  uncle  and  settled  at  St.  Louis,  Missouri, 
where  he  learned  the  trade  of  blacksmith.  In  1853  he  crossed  the  plains  to 
California,  arriving  at  Sacramento  on  the  7th  of  August.  Here  he  worked 
at  his  trade  for  two  months,  then  moved  to  El  Dorado  county  still  being 
employed  at  his  proper  occupation;  from  1858  to  1866  he  was  engaged  in 
mei'cantile  pursuits;  in  the  latter  year  selhug  out  he  moved  to  San  Francisco; 


BIOOUAIMIIKS — OILROy   T()\VXSir[I'.  027 

in  18G7  lie  became  a  resident  of  Smta  Cl.ifa  county,  locatincr  at  Gilrov, 
where  he  carriid  nw  a  nicrcantile  business  until  \H~').  In  tiie  year  ly(Jl) 
]\Lr.  Rirhl  liiiilt  thf  Gihoy  Brewery  and  comlucted  it  until  lcS77.  He  was 
elected  Mayor  of  Gihoy  in  187tS  and  served  two  years  in  that  ofKce.  'He 
married,  Novemljiv  20,  1S64,  Josephine  E.  Kunipf,  a  native  of  New  Yoik, 
born  September  25,  1843,  and  has:  Theresa  M.,  boin  May  13,1866;  Emma 
D.,  Imiiu  Sei)tember  18,  1867;  Geor<re  A.,  boi-n  Novumiier  15,  1869;  Martin 
W.,  born  April  17,  1873;  Florence  C,  born  October  U,  1876. 

F.  S.  Rogers.     The  sulject  of  this  sketch  was  born  in  Hardwir-k,  Wor- 
cester-   county,   Massachusetts,  August    15,    1822.       In    the   year    1832    he 
removed  with   his  parents  to  Lenawee  cotmty,  Michigan,  where  he  received 
his  scholastic  training,  and  subsequent!}'  taught  school.     We  find  Mr.  Rogers, 
in  1848,  located  at  Georgetown,  Scott  county.  Ken  tuck}',  tliere  being  again 
engaged  in   teaching  the  young  idea  how  to  shoot,  but  two  years  later,  in 
1850,  crossing  the  plains  to  the    new    Dorado,  he   arrived  at  Placerville, 
then   known  by  the  euphonious  name   of    Hangtown,  September   2,  1850. 
Like  every  one  else  who  landed  in  California  at  that  early  date,  Mr.  Rogers 
went  to  the  mines,  where  combining  trading  with  the  practice  of  the  dental 
art,  he  snjourned  for  six  years,  on   the  expiry  of  which   he  returned  to  the 
Eastern  States  and  jiracticed  his  prolession  for  a  term  of  nine  months,  Avhen 
he  returned  to  the  West,  located  at  El   Dorado,  worked  at  dentistry,  and 
engaged   in  the  business  of  ruiniing  a  saw-mill.     This  establishment  was 
unfortunately  destroyed  by  fire,  wheveby  a  heavy  loss  was  sustained,  conse- 
quently, in   search  of  fresh  fields  ibr   his  energy,  he  came  to  Santa  Clara 
county,  September  11, 1866.     Leaving  his  family  at  the  town  of  Santa  Clara, 
our  su'ject  proceeded  southwards,  the  while  pui-suing  his  calling,  and  finally 
settled  in  Gilroy,  September  4,  1867,  at  which  time  he  was  rejoined  by  his 
wife  and  children.     About  this  time  Mr.  Rogers  entered  into  partnership, 
as  I'eal  estate  agents,  with  J.  C.  Zuck,  and  in  six  months  after,  the  copart- 
nership having  been  extended  to  Mr-.  Hoover,  the  style  of  the  firm  became 
Zuck,  Rowers  &  Hoover,  and  it  can  be  saf'elv  asserted  that  it  is  through  their 
enterpr'ise,  public  spirit  and  acumen  that  the  town  of  Gilroy  has  attained  its 
present  commercial  importance.     Mr.  Rogers  is  a  man  of  extrerrre  energy, 
while  for  him  to  put  his    hand  to  a  work   is   the  sure  sign  of  its  ultimate 
perfection.     It  has  been  mainl}'  through  this  will  that  would  br-ook  no  check 
that  many  of  the  prominent  thoroughfares  in  Gil I'oy  were  opened ; — as   an 
estimable  citizen  he  stands  pi-e-eminent.       He  married,  October   23,  1856, 
Dency   C.  Wilder,  a  native  of  New  York,  by   wliom   he  has:     Edwar-d  O., 
bor-n  August  29,  1861;  died  September  17,  1863;  Fanny  W.,  born  August 
9,  1865,  and  Eugene  F.,  bor-n  May  15,  1868. 


628  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

Hon.  James  P.  Sargent.  Whose  portrait  will  be  found  in  these, 
pages,  was  born  in  Grafton  county,  New  Hampshii'e,  Februaiy  11,  1823 
Losing  his  mother  at  an  early  age  he  was  soon  cast  upon  his  own  resources, 
and  in  1838,  leaving  the  place  of  his  birth,  he  proceeded  to  Merrimac  county, 
in  the  same  State,  thence,  after  a  year,  to  Quincy,  Massachusetts,  where  he 
was  en'^-aii'ed  in  drivino-  a  milk  wagon  for  an  uncle,  Hon.  J.  W.  Robert- 
sou,  during  the  Winter  months,  and  in  the  Summer  employed  in  deliver- 
ino-  ice  and  drivinsr  an  ice  wao-on  to  Boston  for  Winslow  &  Bright  of  Cam- 
brid-jfe,  there  beino-  associated  with  him  his  brother,  R.  C.  Sargent.  In  1844, 
R.  C.  and  J.  P.  commenced  tlie  ice  business  on  their  own  account,  delivering  ice 
in  Boston.  In  1848,  we  find  him  and  his  brother,  R.  C,  in  the  ice  business 
in  Chicago,  but  in  March,  1849,  they  sold  out,  crossed  the  plains  to  Califor- 
nia, and  arrived  at  Weaversville,  El  Dorado  county,  October  1st,  of  the  same 
year.  Here  he  commenced  his  business  career  in  this  State.  In  Weavers- 
ville, they  embarked  in  mercantile  pursuits  and  mining;  in  1850  they  engaged 
in  the  purchasing  of  stock  from  immigrants,  the  partners  being,  our  subject, 
and  his  brothers,  R.  C,  J.  L.,  and  B.  V.,  (they  continued  the  store  until 
1855,)  in  the  meantime  locating  a  ranch  near  Woodbridge,  in  which  Mr. 
Sargent  still  has  an  interest,  and  finally,  in  1853,  the  gentleman  whose  name 
appears  at  the  commencement  of  this  memoir  came  to  Santa  Clara  county, 
located  on  the  Los  Agules  rancho  (now  in  the  adjoining  county  of  Sun 
Benito)  and  there  continued  stock-raising  until  1854  when  he  removed  to 
a  tract  near  "  Soap  Lake  "  and  there  dwelt  until  1856,  in  which  year  he 
purchased  the  property  on  which  he  now  resides,  comprising  seven  thousand 
acres.  In  the  year  1872,  J.  P.  Sargent  was  elected  to  the  State  Legislature 
on  the  Republican  ticket,  while  he  is  a  life  member  of  the  California  Pio- 
neers; has  been  a  director  of  the  Santa  Clara  Valley  Agricultural  Society 
for  the  past  ten  years,  being  elected  its  President  in  1877  and  served  as  such 
for  one  term.  It  wdll  thus  be  seen  that  he  has  held  positions  of  trust  that 
are  a  credit  to  himself  and  an  honor  to  the  community  in  which  he  resides, 
while  individually  a  more  whole-souled  man  cannot  be  found  than  Jim  Sar- 
gent. His  extensive  ranch  is  located  five  miles  south  from  Gilroy  and  one 
mile  north  of  the  station  on  the  Southern  Pacific  Railroad,  known  as  "  Sar- 
gents."  Married,  October  29,  1865,  Agnes  Bowie,  a  native  of  Montreal,  Can- 
ada, and  has:  James  A.,  born  August  12,  1866;  Roswell  C,  born  Novem- 
ber 27,  1869;  Agnes  C,  born  October  15,  1871;  Ida,  born  April  30,  1875; 
Louisa  L.,  born  October  1,  1878. 

Thomas  D.  Satterwhite.  Born  in  South  Carolina,  September  19, 
1849.  At  the  age  of  five  years  he  accompanied  his  parents  to  Texas, 
where  they  died  some  years  later.  Here  our  subject  remained  until 
he    started  for   California,  April,    1860,  making    the  journey  in    company 


I'.KxajAl'lllES — (JILROY    TUWNSJIIP.  U2'J 

with  his  hrother  John  W.  Sattcrwhite  across  the  jtLiins  Avitli  ox-teams, 
vi<i  tlie  Soutlicrii  route,  and  an-ivin«if  at  Visalia  in  September  of  the 
same  3'ear.  From  here  he  proceeded  to  Lower  California,  hut  after  a 
lapse  of  some  time  returned.  In  the  Fall  ;>('  LSO:?  he  took  up  his  residence 
in  Gilroy  and  was  there  educated  in  the  public  schools,  attending,'  St.  Steph- 
en's school  <luiin(r  the  term  J 878-4,  beinj;  also  enira<red  in  learninrr  the 
butcher's  trade.  In  May,  1870,  he  was  elected  to  the  position  of  City  Clerk 
in  Gilroy,  an  oHice  he  nowliolds;  in  the  same  year  he  was  appointed  a 
Notary  Public.  Mr.  Satteiwhite  also  for  three  years  devoted  himself  to  the 
study  of  law  but  was  compelled  to  abandon  it  on  account  of  ill-health.  In 
the  year  1880  he  paid  a  visit  to  Texas,  and  ictniiiini;-  in  December  resumed 
his  business  in  Gilroy  where  he  is  an  insurauce  agent.  Married,  July  22, 
1874,  Clara  Belle  Reither,  a  native  of  Gih'oy.  an  1  has:  Raymond,  born  May 
28,  1875;  Clinton  Melville,  born  November  24,  1878. 

George  Seamen.  Born  in  Nova  Scotia,  October  28,  1836,  where  he 
was  educated.  In  early  life  he  was  a  sailor.  In  1858,  he  went  to  Aujitralia, 
and  the  year  18C1  found  him  in  New  Zealand,  durinij:  the  ofold  excitement  in 
that  colony.  Here  Mr.  Seaman  engagtd  in  mininnr  for  seven  years,  at  the 
expiration  of  which  he  removed  to  Queensland,  being  one  of  the  first  to  take 
part  in  the  "Gimpsey  Ci'cek  ru.sh."  Up  to  this  time,  the  country  was 
entirely  peopled  by  savages,  but  it  was  not  long  before  the  strong  hand  of 
civilization  made  itself  felt,  foi-,  as  if  by  magic,  a  lai-ge  population  of  some 
fifteen  thousand  were  engaged  in  mining  operations,  who  had  bionght  with 
them  all  the  accompanying  good  antl  evil  to  be  found  in  a  new  placer  coun- 
try. Being  now  seized  with  an  illness,  our  subject  proceeded  to  Sydney, 
New  Smith  Wales,  where  he  remaiiu'd  until  recovered.  He  then  move<l 
to  Melbourne,  in  March,  18G8,  but  remaining  there  only  a  short  time,  took 
passage  to  England,  and  finally  crossed  the  Atlantic  to  his  native  land. 
Mr.  Seaman  lemained  in  the  Dominion  until  December,  1869,  when  he  came 
to  San  Francisco,  and  made  it  his  abode  until  1873.  In  this  year  he 
removed  to  Gilroy.  In  1877,  he  purchased  the  Southern  Pacific  Hotel, 
which  he  now  conducts.  Georfje  Seaman  is  everything;  the  traveler  can 
desii-e,  upright,  genial,  and  accommodating:  his  hostelry  is  worthy  of  the 
reputation  of  its  piopiietor,  and  we  are  happy  to  say  it  deservedly  receives 
a  fair  share  of  public  jiatronage.  Mr.  Seaman  married,  December  4.  1877, 
C.  J.  Hilton,  a  native  of  Waterville,  Maine. 

E.  Swift.  I>orn  in  Seneca  county,  New  York,  January  8,  1829.  At  an 
early  age  he  was  moved  by  his  pai-ents  to  llillxlale,  Michigan,  where  he  was 
educated.  In  1N.")2  he  crossed  the  plains  to  California,  arriving  first  at 
Hangtown    (now  Placerville)  the    17th  August  of  that    year.     After  pros- 


630  HISTORY    OF    SANTA   CLARA    COtTNTY,    CALIFORNIA. 

pecting  for  a  time  he  went  to  Marysville,  but  returned  to  Placerville.  In 
1853  he  came  to  Santa  Clara  county,  and  resided  in  San  Jose,  until 
February  16,  1854.  He  now  returned  to  Micliigan.  In  1859,  however,  he 
once  more  traversed  the  plains  to  tlie  Golden  State,  and  established  himself 
in  Sutter  county,  but  passed  the  Winters  of  1801  and  18G2  in  San  Jose. 
February  16,  18GG,  he  sailed  from  Sa,n  Francisco,  once  more  to  visit  his 
home  ill  Michigan.  He  engaged  in  farming  in  Hillsdale  county  until  1880, 
when  he  once  more  fouu  I  his  w.iy  baok  to  C  iliforaia,  an  1  arrived  in  M  irvs- 
ville,  May  l-th.  On  August  18,  1880,  he  located  on  his  present  farm  of 
eighty-six  acres,  in  Gllroy  township.  Mirrie:!,  January  16,  1859,  Emina  F. 
Gibbs,  a  native  of  New  Jersey,  and  has:  Katie  F.,  now  Mrs.  Georr<-e  B. 
Wagner,  born  March  24,  1851;  Albert  Grant,  born  February  25,  1864; 
Arthur  Julius  born  June  15,  1872. 

MlSSey  Thomas.  The  subject  of  this  narrative,  who^e  portrait  appearg 
in  this  work,  was  bom,  in  Ohio  county,  Kentucky,  January  27,  18 lo.  At 
the  age* of  twelve  years,  he  accompanied  his  parents  to  Marion  county,  Mis- 
.souri;  thence  they  proceeded  to  Lewis  county,  in  tlie  same  State,  and  there 
he  received  his  education,  as  well  as  being  reared  a  farmer;  tlse  last  si.xteen 
years  of  his  residence,  farming  on  his  own  account.  In  the  year  1819,  he 
crossed  the  plains  to  the  Pacitic  slopes,  in  a  train  of  forty-two  wagons,  con- 
ducted by  Ebenezer  Ously,  and  arrived  in  California,  in  September,  of  the 
same  year.  Mr.  Thomas,  like  every  one  else,  first  engaged  in  mining;  his 
initial  venture  being  on  Dry  creek.  Giving  up  the  search  for  gold  in  two 
weeks,  however,  he  turned  his  attention  to  teaming:  until  the  tollowino-  Sprino-. 
when  he  opened  a  grocery,  in  partnership  with  John  Bane,  and  conducted  it 
until  December,  when  he  soM  out,  and  sailed  from  San  Francisco,  December 
14, 1850,  on  a  visit  to  the  Eastern  States,  arriving  at  his  home  in  Missouri, 
February  15,  1851.  On  April  IS,  1853,  we  tin.l  Mr.  Thomas,  once  more 
about  to  undertake  the  weary  journey  across  the  ])lains,  bringing  with  him 
a  drove  of  cattle.  He  came  direct  to  Gilroy  township,  Santa  Clara  county, 
arriving  November  1,  1853.  He  first  resided  in  a  rented  house  near  the  old 
homestead,  but,  subsequently,  having  purchased  outright  a  squatter's  claim, 
he  located  thereon — the  farm  on  which  he  now  lives — ^comprising  four  hun- 
dred and  sixty-five  acres  in  possession,  and  nine  hundred  and  forty-five  acres 
in  an  undivided  grant.  For  the  first  twelve  years  of  his  sojourn  in  the 
county,  Mr.  Thomas  engaged  entirely  in  stock-raising,  but  latterly,  he  has 
confined  himself  chiefly  to  agricultural  farming.  In  the  year  1855,  his  father, 
James  Thomas,  who  was  born  August  .27,  1780,  made  the  journey  to  this 
State — a  rather  severe  undertaking  for  a  gentleman  of  seventy  years — and 
joined  his  son,  remaining  with  him  until  his  death,  which  occurred  in  Octo- 
ber,  1869.     Our  subject  was  n)arried.  May  7,   1837,  to  Phrebe  F.  Pane,  a 


BIOGRAPHIES — GILROY    TOWNSHIP.  «j:31 

native  of  Bracken  county,  Kentucky,  by  wliom  he  lias  the  following,'  family  : 
James  B.,  born  June  'SO,  1838,  anil  died  Oetc^ber  29,  18.")1);  Mary  Susan,  born 
February  3,  1840,  now  Mrs.  \V.  Barker,  of  Kresno;  Thomas  K,  born  Decem- 
ber 8,  1841;  John  and  William  (twins),  (the  latter  of  whom  died,)  Ijorn 
October  28,  1843;  Benjamin  F.,  born  December  22,  184(J;  Louisa  E.,  born 
August  7,  1848,  and  died  December  7,  1849;  Massey,  b  )rn  Decendxr  10, 
1851;  Clayton  K,  born  January  25,  1854;  Charles  E.,  born  January  15, 
1857.  '' 

Hon.  Thomas  Reynolds  Thomas.  Tlio  subject  of  this  memoir, 
whose  portrait  appears  in  tliis  work,  was  l)()rn  in  Lewis  county,  Missouri, 
December  8,  1841,  A\here  he  was  educated,  and  resided  until  1853,  in  which 
year  he  crossed  the  plains  with  his  father,  Massey  Thomas,  bringing  -with 
them  a  drove  of  cattle,  and  arrived  in  California,  at  Sonora,  in  the  FidI  of  that 
year.  Remaining  here  but  a  short  time,  they  removed  to  Santa  Clara  county 
October  16,  1853,  and  located  in  Gihoy  township;  the  subject  of  this  sketch 
completing  his  education  in  the  county.  In  the  year  18G6,  Mr.  Thomas 
purchased  a  tiaet  of  ninety-seven  acres  of  land,  to  the  south  of  the  city  of 
Gilroy,  a  portion  of  it  being  witliin  the  corporate  limits;  while,  in  18U9,  he 
was  elected  to  the  State  Legislature  on  the  Democratic  ticket,  when  tliere 
were  six  candidates  for  the  o.lice,  Mr.  Thomas  receiving  two  thousand  one 
hundred  and  ninety-two  votes.  While  in  the  Assembly,  he  served  on  the 
Committees  of  Ways  and  Means,  Hospital,  and  location  of  State  Normal 
School.  He  is  now  engaged  in  a  w^arehousing,  insurance  and  grain  business 
in  Gilroy.  Mr.  Thomas  is  one  of  the  most  whole-souled  men  we  have  met 
in  our  travels;  fair  and  above-board  in  his  dealings,  just  in  his  transactions, 
and  kindly  in  his  disposition — a  sensible,  upright,  honest  man  is  the  Hon.  T. 
R.  Thomas.  Married,  May  24,  1866,  Melcena  Hiun,  who  died  October  10, 
1877,  by  wliom  he  has:  Susie,  born  May  10,  1837;  Lizetta,  born  July  30, 
1868;  Frederick,  born  May  14,  1870;  Otis,  born  October  25,  1874.  Married, 
secondly,  September  15,  1878,Ettie  Young,  a  native  of  Maine,  who  died  Octo- 
ber 31,  1880.  Had  one  child  by  this  union:  Ethel  May,  born  July  24,  1879, 
and  died  Julv  S,  1880. 

David  Thornton.  Was  born  in  Springfield,  Ohio,  June  28,  1828.  When 
fourteen  years  of  age  he  went  to  the  State  of  Kentucky;  at  twenty  years 
he  commenced  the  saddleiy  and  harness  business  on  his  own  account,  and 
continued  it  for  about  five  years.  At  tlie  end  of  that  period  he  started  with 
ox-teams  to  cross  the  plains  to  California,  and  arrived  at  Placerville,  El 
Dorado  county,  September,  1853.  After  mining  at  this  point  for  a  short 
time  Mr.  Thornton  removed  to  El  Dorado  City  (or  Mud  Springs),  there 
worked  at  his  calling  and  resided  until  1867,  when  he  proceeded  to  Petaluma, 


G32  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

Sonoma  county,  and  engaged  in  merchandising  for  two  years ;  afterwards 
farming  for  three  j'cars.  In  187^-3,  as  the  representative  of  the  Pacific 
Wine  Company,  he  was  engaged  in  sliipping  wine  to  New  Orleans.  In 
June  of  the  latter  year  lie  established  his  present  business  in  Gilroy,  where 
he  now  resides,  respected  among  his  fellow-citizens.  Married,  December  24, 
1851,  Maiy  Aberdeen,  a  native  of  Ireland,  who  crossed  the  Atlantic  when 
but  three  years  old.  His  children  are  :  Lewellyn,  born  August  7,  1853,  on 
Humboldt  river,  Utah  Territory  ;  Nolle,  born  in  El  Dorado  county,  May  22 
1855;  Maggie  Kavanaugh,  born  in  El  Doi'ado  county,  August  12.1856; 
James  Aberdeen,  born  in  El  Doiado  county,  April  1,  1858;  Theodore  Elliott, 
born  in  El  Dorado  county,  July  28,  1860 ;  William  Eilwin,  born  in  El  Dorado 
county,  January  24,  1862,  died  November,  1862  ;  Thusa,  born  in  El  Dorado 
county,  December  29,  1863;  David,  born  in  Sonoma  county,  July  9,  1868; 
Alice,  born  in  Sonoma  cou-nty,  January  19, 1870  ;  Avie  Hubbard  Kavanaugh, 
born  in  Santa  Clara  county,  April  23,  1874;  Robert,  born  in  Santa  Clara 
county,  April  13,  1876. 

Peter  A.  Trembly.     Born  in  Lucas  county,  Ohio,   July  16,  1827,  and 

there  remained  until  he  attained  the  age  of  twelve  years,  when  he  went  to 
La  Salle  county,  Illinois,  and  there  completed  his  schooling.  On  March  23, 
1853,  he  started  to  cross  the  plains,  en  route  for  C.ilifornia,  and  ariived  in 
Sacramento  the  23d  of  August  of  the  same  year.  For  the  first  three 
months  he  was  enrfai-'ed  in  cuttino-  wood  on  the  forks  of  the  American  river, 
after  which  he  came  to  Santa  Clara  county  and  located  on  a  farm  near  the 
Day  Ranch,  but  subsequently  selling  his  improveuients  to  Mr.  Day,  he 
embarked  in  various  pursuits  up  till  1859.  iVt  this  period  bees  were  M'orth 
a  hundred  dollars  per  stand,  Mr.  Trombly  therefore  tried  his  fortune  at  that 
enterprise.  In  1865  he  purchased  an  interest  in  the  place  he  now  owns, 
and  in  1874  bought  his  partner's  share,  at  which  time  he  moved  on  to  the 
ranch,  which  comprises  two  hundi'ed  acres,  situated  on  the  old  stage  road 
leading  from  San  Jose  to  Watsonville.  The  farm  in  olden  days  was  known 
by  the  name  of  Arthur's  Stage  Station.  Mr.  Trombly  married,  firstly,  Feb- 
ruary 14,  1861,  Martha  M.  Maytield,  who  died  September  10,  1869,  by 
whom  there  are:  Minnie  D.,  born  September  3,  1863;  George  A.,  born  Octo- 
ber 19,  1865;  Joseph  W.,  born  August  30,  1867;  Ida  M.,  born  August  30, 
1869;  and,  secondly,  April  15,  1871,  Lydia  C.  Ball,  a  native  of  Cattaraugus 
county.  New  Yoik,  by  whom  he  has:  William  T.,  born  August  5, 1873. 

A.  B.  Tryon.  Was  born  in  Springfield,  New  Jerse}^  February  27, 1831. 
At  eight  years  of  age  his  parents  removed  him  to  Berrien  county,  Michigan. 
Here  he  learned  the  trade  of  a  cabinet-maker,  which  he  completed  at  Niles 
in  1851,  and  after  working  at  different  points  until  1853,  he  found  employ- 


lilUOUAPHIES — GILKUY    TuWN.SlilJ-.  633 

menfc  in  Chicago  at  the  Union  Car  Wotks.  ITere  he  reinaim-il  until  April  4, 
1854,  when  he  started  for  Caiifoi'iiia  across  the  plains,  anil,  arrivin;^  at  Piacer 
ville,  there  took  up  his  lesidence  for  two  yeai-s,  after  which  he  inined  for 
some  years  on  Feather  river,  ami,  once  morc^  retui-nin<^  to  Placerville,  there 
stayed  for  anotlier  twelve  months,  occupied  at  his  trade,  at  the  expiration  of 
which,  in  18()9,he  came  to  Gihoy,  and  started  as  a  furniture  dealer  and  uniler- 
taker,  since  when  he  has  been  a  continuous  resilient  of  that  town,  save  a  psM-iod 
of  eig'iteen  months,  whieli  lie  passed  in  Portland,  Oregon.  Married,  in  180.*}, 
Elizabeth  Pearson,  a  native  of  Scotland,  who  died  in  1804.  Married,  sec- 
ondly, his  present  wife,  Sarah  F.  Tew,  of  Missouri,  November  14,  18G8. 

Pleasant  B.  Tiilly.  Eldest  son  of  Lewis  B.  Tully,  was  hoin  in  Hen- 
derson county,  Tennessee,  March  :^1,  1S20.  When  nine  yeais  of  a^^e  he 
accompanied  his  father  to  Philips  county,  Arkansas,  where  he  attenderl  the 
common  school  of  the  district  and  completed  his  education  at  Reell's  Academy 
in  1849.  At  the  age  of  twenty-one  years  he  proceeded  to  Texas,  l)ut  only 
remaining  a  short  time  i-eturned  to  Arkansas  and  engaged  in  mercantile 
pursuits.  Returning  to  Austin,  Texas,  he  joined  the  emigration  to  Califor- 
nia in  the  Spiing  of  1853,  and  traveling  via  El  Paso,  New  Mexico,  and 
through  Arizona  to  Tuscon,  ariived  in  San  Francisco  the  25th  November  of 
that  year.  Mr.  Tully  now  passed  most  of  his  time  at  the  various  mines  in 
the  State.  May  2,  1858,  he  settled  in  Gilroy,  S.inti  Clara  county.  He  was 
elected  a  Justice  of  the  Peace  for  that  township  in  September,  1859,  and 
afterwards  Associate  with  Judo-e  J.  H.  Moore,  of  the  Coui-t  of  Sessions,  and 
during  his  tenure  of  oHice  commenced  readinsf  law,  at  the  suggesti  )n  of  Judge 
W.  T.  Wallace.  Jn  18G3  Mr.  Tully  was  admitted  to  practice,  ami  has  since 
continued  so-doing.  His  position  is  considered  to  be  at  the  top  of  the  tree  of 
criminal  lawyers,  while  his  record  as  the  defender  of  the  noted  Vasquez  and 
Jesus  Moreno,  is  a  gem  in  his  career.  He  was  elected,  October  28,  1879,  to 
the  Constitutional  Convention  as  a  Delef^ate  at  L:ir<re  on  the  Non-partisan 
ticket,  and  maintained  his  character  for  rectitude  and  high  prineipd.  He 
was  a  warm  advocate  for  the  adoption  of  the  New  Organic  Law,  while 
throughout  his  life  he  has  been  in  politics  a  consistent  Democrat.  Mr.  Tully 
is  entirely  a  self-made  man,  and  has  by  indomitable  pluck  and  perseverance 
attained  to  the  proud  position  he  holds  in  Santa  Clara  county — both  priv- 
ately and  professionally.  He  is  the  pioneer  lawyer  of  the  town  (f  Gihw; 
is  well  read  in  all  the  intricacies  of  legal  lore;  is  a  Ibrcible  and  eloquent 
speaker;  has  a  profound  knowledge  of  the  science  of  political  economy,  and 
above  all  is  a  deep  thinker.  Mariied,  September  25,  LS59,  Mary  E.,  eldest 
daughter  of  Julius  Ahirtin,  of  Gilroy,  who  came  to  California  from  Missouri 
in  1843,  and  has  two  daughters:  Lizzie  P.,  born  January  10,  18G1;  Mary 
Lee,  born  May  26,  18G4. 


634  HISTORY    OF   SANTA   CLARA    COUNTY,    CALIFORNIA. 

Frederick  Wallitz.  Was  born  ia  Germany,  February  12,  1835.  In 
1856  he  arrived  in  tlie  United  States,  and  landing  in  New  York,  at  once 
proceeded  to  California  where  he  arrived  Januaiy  13,  1857,  and  there  worked 
at  his  tiade  of  baker  for  some  time.  From  i8(J0  he  resided  in  Calaveras 
county  for  some  years,  then  returning  to  San  Fraocisco  followed  his  call- 
ing until  1877,-  in  the  Fall  of  which  year  he  settled  in  Santa  Clara  county, 
upon  the  farm  he  now  occupies  on  Bodtish  creek  about  six  miles  from  Gilroy. 

Alexander  "Watson.  Was  born  in  Scotland,  October  6, 1834,  and  when 
an  infant  came  with  his  parents  to  the  United  States,  locating  first  in  S  )uth 
Carolina.  A  year  later  they  moved  to  Staten  Island;  thence  to  Herkimer 
county,  New  York,  where  the  subject  of  our  sketch  began  his  edu3a- 
tion,aad  was  roared  a  farmn*.  Mr.  Wafcsoa  commenced  the  cares  of  a  sali- 
taiy  existence  when  mosfpeople  now-a-days  are  toiling  over  a  spelling-book. 
At  the  early  age  of  thirteen  years  he  was  launched  on  the  world.  He  was 
first  employed  on  the  farm  of  one  Harris  Lewis,  of  West  Schuyler,  Herkimer 
county.  He  next  went  to  Utica,  New  York,  where  he  was  six  years  and 
seven  months  in  the  fancy-dyeing  business;  in  1857  he  left  Utica  and  jn-o- 
ceeded  to  Auburn  where  he  obtained  employment  as  a  baker  and  afterwards 
at  his  own  trade;  in  1858,  after  traveling  through  the  Middle  States,  in  the 
Summer  he  opened  a  dye  shop  in  Rome,  New  Yoik.  and  January  20,  1859, 
he  started  for  California  by  way  of  the  Isthmus  of  Panama.  On  arrival  Mr. 
Watson  went  to  the  mines,  and  was  eniragf^d  in  various  ways.  In  1800  he 
was  employed  as  cook  for  the  workmen  then  getting  out  the  stone  for  the 
Masonic  Temple  in  San  Francisco.  In  that  year  he  came  to  Santa  Clara 
county  where  he  was  emploj'ed  as  a  (lair3nTjan  for  several  years;  in  the  Fall 
of  1868  he  purchased  an  interest  in  the  farm  he  now  owns,  which,  however, 
was  divided  in  1871,  Mr.  Watson  retaining  as  his  share  the  portion  he  now 
occupies.  Manied,  December  3,  1868,  Lavinia  Bryan,  a  native  of  Calif'oi-nia 
and  lias:  Ellen,  born  January  22,1872;  Martha,  born  February  4,  1874; 
Alexander,  born  October  30,  1870. 

Hon,  Christian  Wentz.  Was  born  in  the  Grand  Duchy  of  Baden, 
Germany,  August  13,  1822.  Emigiated  to  the  United  States  with  his 
parents  in  1833,  and  resided  in  the  vicinity  of  Port  Deposit,  Cecil  county, 
Maryland,  up  to  Januaiy  10,  1849,  when  he  sailed  from  Baltimore  in  the 
ship  Greyhoand,  which  arrived  in  San  Francisco  June  3,  1849.  Immediately 
after  arriving  Mr.  Wentz  went  to  the  mines  by  way  of  Stockton  to  what  is 
now  called  Jamestown,  Tuolumne  count}^  and  returned  to  San  Francisco 
duiing  the  Fall,  where  he  remained  until  the  Spring  of  1850  when  he 
returned  to  the  mines,  ofoino!'  to  the  Yuba  river  in  the  neighborhood  of  Fos- 
ter'sBar.    Meeting  with  indifferent  success  he  returned  to  San  Francisco,  and 


BIOGRAPHIES — GILROY   TOWNSHIP.  G35 

stayed  there  until  the  latter  part  of  November,  when  he  came  to  Santa 
Clai-a  county  and  eni^faq'cd  in  farming  in  tlie  ndghborhDOil  of  Santa  Clara 
and  San  Jose.  In  April,  1855,  he  man-ied  Eliza  E.,  daughter  of  Elder  J.  K. 
Rule,  and  moved  to  Gilroy  township  in  December  of  the  following  yt-ar 
where  he  has  since  been  occupied  in  dairvinnf  and  stock-raisinf^'.  Mr.  Wcntz 
was  elected  a  Justice  of  the  Peace  for  Gilroy  township  in  18GI.  He  M-as 
also  one  of  the  company  of  fifty  who  purchased  the  Rancho  Justo  in  18G8 
from  Colonel  W.  W.  Hollister  and  laid  it  out  into  .homesteads  and  the  town 
of  Hollister,  now  the  county  scat  of  San  Bi-nito  county.  Was  Deputy 
Assessor  from  1872  to  1876,  and  also  in  1880-81;  ami  was  elected  to  the 
House  of  Assembly  as  one  of  the  three  representatives  from  Santa  Clara 
county,  in  the  Twenty-fourth  Session  of  the  Legislature  of  California. 

L.  A.  Whitehurst.  Born  in  Princess  Ann  county,  A^irginia,  June  4, 
1834.  When  six  years  of  age  he  moved  with  his  parents  to  St.  Louis, 
Missouri,  and  there  resided  four  years;  thence  they  moved  to  Lexington. 
In  1849  he  crossed  the  plains  to  California  and  proceeded  to  Bidwell's  Bar, 
Butte  county,  and  mined,  but  meeting  with  little  success,  returned  to 
Missouri  in  the  Winter  of  1851-2.  Remaining  in  that  State  until  1859, 
Mr.  Whitehurst  once  more  rcjiturnod  to  the  Pacific  coast  and  crossinij  the 
plains  arrived  at  Sacramento  September  22d  of  that  year.  At  the  end  of 
two  months  he  removed  to  Santa  Clara  county,  and  after  a  short  stay  in 
San  Jose'  located  on  the  Santa  Cruz  Toll-road  not  far  from  Lexini^ton,  and 
engaged  in  lumbering.  After  remaining  here  for  ten  years,  in  the  Winter 
of  18G9  he  went  back  for  a  visit  to  the  Eastern  States;  returning,  however, 
in  the  following  March  he  took  up  his  residence  in  Gilroy,  where  he  still 
liv^es.  Mr.  Whitehurst  has  been  engaged  in  the  lumber  business  ever  since  he 
first  started  at  Lexington.  In  1875  he  became  connected  with  the  Bank  of 
Gilroy,  and  is  now  its  President,  while  privately,  and  publicly  as  well,  Mr. 
Whitehurst  is  respected  by  the  entire  community  of  which  he  is  a  member. 
Mai'ried,  January  31,  18G(),  Hattie  A.  Logan,  a  native  of  Missouri,  and  has 
a  family  of  seven  children. 

Albert  Willson.  Was  born  in  Keene,  Cheshire  county.  New  Hampshire. 
Here  he  passed  the  greater  part  of  his  life  until  he  came  to  California.  Six 
of  his  youthful  years  were  passed  in  learning  and  working  at  the  trade  of 
brick-mason,  in  Randolph,  Massachusetts.  He  received  his  schooling  at  the 
Academy  at  West  Brattleborough,  Vermont.  On  January  9,  1852,  he  started 
acro.ss  the  Isthmus  for  California,  and  ariived  at  Shaw'.s  Flat,  Tuolumne 
county,  February  15th,  where  he  prosecuted  mining  for  four  years,  at  the 
expiration  of  which  he  was  married  anil  removed  to  Santa  Clara  county, 
and  first  took   up  his  residence  at  the  old  Soap  hou.se  which  stood  west  a 


G36  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

short  distance  from  the  dwelling  he  now  occupies,  to  which  he  moved  in 
1857.  Mr.  Willson  owns  five  hundred  ami  t!iirt_y-five  acres,  and  is  cno^aged 
in  dairying  and  farming.  Married,  March  12,  1856,  Miss  E.  J.  Hildebrand, 
a  native  of  Indiana,  and  has:  Carlon  R.,  born  July  5,  1857;  Fredericlv  W., 
born  November  10,  18C0;  Charles  S.,  born  October  5,  1867. 

Horace  Willson.     The  subject  of  this  sketcli  was  born  in  Marlborough, 
Cheshire  county.  New  Hampshire,  Februaiy  18,  1822.     AVhen  an  infant  his 
parents  moved  to  Keeno,  in  tlie  same  county,  where  Mr.  WiUson  was  edu- 
cated in  the  academy  of  that  place.      On  leaving  school  he  learned  the  brick- 
layer's trade,  and  worked   at   building  and  contracting  for  nearly  tvv^enty 
years.      On  November  9, 1853,  he  started  via  Nicaragua  for  Califi)rnia,  arriv- 
ing in  San  Francisco  December  3d  of  that  year,  and  on  the  day  following 
came  to  Santa  Clara  coirhty,  arriving  in  Gilroy  township  on  the  5th.     For 
the  first  three  months  he  resided  with  his  brother,  D.  Willson,  in  San  Y.sidro, 
or  Old  Gilroy,  and  then  purchased  his  present  homestead.     To  Mr.  Willson 
is  the  honor  due  of  making  the   first  brick  in  that  section  of  the  county, 
which  he  perfected  in  the  year  1851<.      In  the  year  1850  he  constructed  his 
present  magnificent  b  ick  mansion,  the  building  of    which  he    personally 
superintended  throughout.     The  edifice  is  thirty  by  forty  feet,  two  stories 
high,  with  an  "  L  "  twenty  b}''  thirty-six  feet.       It  is  situated  in  the  center 
of  the  almost  classic  little  town  of  San  Ysidro,  where  it  is  an  ornament  and 
credit   to    the    county    anl     proprietor    alike.       Contiguous    to    it   are    the 
well-arranged  farming  ofiices,    while  the  grounds  are  laid  out  with  much 
taste,    a   fine    arbor    covering    the    pathway    froui     the    public    road    to 
the  entrance.     Besides  this  homestead  he  has  a  stock-raising  range  of  several 
thou.sand  acres  in  extent,  in  which  business  he  has  bien  enija^'ed  ever  since 
1851'.     It  is  a  pleasing  duty  to  here  record  that  Mr.s.  Lavinia  Willson.  the 
mother  of  our  subject,  accompanied  her  son  to  California  in  the  year  1853 
and  still  survives.     She   was   born   September   8,    1797.     Mariied    Charles 
Willson  in  1817,  m  ho  died  May  5,  1845.     Mrs.  Willson  resides  in  Old  Gilroy 
not  tar  from  her  .son,  where  she  is  surrounded  in  her  old  age  by  all  the  com- 
forts that   thoughtful  children  and  gran(]childi-en   can  afford,  and    though 
born  in  the  last  century,  we,  with  all  others,  trust  that  time  may  still  further 
winjj  his  flig'ht  'ere  she  be  called  to  cross  the  dark  river.     Horace  Willson 
mariied,  May  2,  1846,  in  Brattleborough,  Windham  county,  Vermont,  Eunice 
E.  Chickering,  a  native  of  New  Hampshire,  who  was  born  March  SO,  1828. 
Their  childi'en  are:     Charley,  born  October  20,  1847,  died  February  14,  1867; 
Dan.,  born  September  8,  1849,  died  Augu.st  24,  1857;  Frank,  born  July  20, 
1851;  Edwin,  born  July  20,  1855  ;  Lyman,  born  March   19,  1858;  Amanda 
May,  born  February  4,  1860;  Ida  Eliza,  born   April   18,  1863;  Lucy  Anna 
and  Luly  A.  (twins),  born  July  16, 1865;  Mary  Jane,  born  December  4,  1866. 


BIOGRAPHIES— GILROY    TOWNSHIP.  037 

AFi-.  Willson  is  a  member  of  the  Hoiticultural  Society,  ami  represents  tliis 
portion  of  the  county.  In  ISdO  l)oLh  Mr.  ami  Mrs.  Willson  united  with  the 
Pi'esbyterian  church  ami  aie  still  connected  with  it.  lie  has  ncvtM'  a^pin-d 
to  any  political  olhco  during  his  residence  in  the  county. 

Peter  Bonnett  Wilmirth.  V>niu  m  New  York  City,  July  24,1840, 
where  he  was  educated.  W  hen  eighteen  years  of  SL^a  he  came  to  Califoinia, 
arriviiiff  in  8an  Fiancisco  May  1,  180').  He  at  once  proceeded  to  Monterey 
where  he  took  up  his  residence.  Ten  years  later  we  fiml  him  in  the  employ 
of  Mackay  &  Fair  in  Nevada,  and  two  years  after  at  Gili'oy  actin*^^  as  clerk  in 
the  Williams  House.  In  the  Spring  of  1880  he  took  a  short  trip  to  New 
Yoik,  and  returning  engaged  in  business  at  tlie  Gilioy  Hot  Springs,  where 
he  is  a  general  favoi'ite  with  all  iVequenters  of  that  iashionahle  re-sort 
Married,  October  2!),  1880,  Cairie  M.  Harrison,  a  native  of  Gilroy,  Santa 
Clara  county,  Caliibrnia. 

J.  S.  Wolsey.  Born  in  Lake  county,  Oliio,  December  80,  1838.  He 
arrived  in  San  Francisco  October  13,  1870,  and  in  the  following  month 
became  a  resident  of  Santa  Clara  county  and  a  citizen  of  Gilroy.  On  aiiival 
Mr.  Wolsey  first  engaged  in  the  business  of  a  gunsmith,  but  afterwards 
becime  Supeiintendent  of  the  Gilroy  Gas-work.s,  a  position  he  now  holds. 
In  August,  1875,  he  built  his  present  machine  shop.  Married,  Ma}'  1,  1805, 
Marlha  Goodwill,  a  native  of  Ohio,  by  whom  he  has  six  children,  viz.: 
Henry,  born  September  23,  1800;  Vernon,  born  October  5,  1808;  Mary, 
boin  February  27,  1871;  Elmer,  born  October  5,  1874;  Carry,  born  March 
17,  1878,  and  Eunice,  born  January  23,  1881. 

David  Wood.  A  native  of  Montgomery,  county,  New  York,  first  saw 
the  light  on  May  14,  1817.  When  an  infant  he  was  moved  by  his 
father,  Uriah  D.  Wood,  to  Cattaraugus  county,  in  the  same  State,  where  he 
resided  and  received  his  education  until  1842,  when  he  emigrated  to  Ottawa, 
La  Salle  county,  Illinois,  and  was  there  engaged  upon  a  farm.  While  at  his 
))l()\v  the  W'Oi'ld  was  startled  with  the  news  of  the  discovery  of  gold  in  Cali- 
fornia. The  plowshare  was  at  once  laid  aside  for  the  pickaxe,  the  plow- 
reins  for  those  of  the  prairie-schooner,  and,  crossing  the  plains,  with  all  its 
attendant  hardships,  Mr.  Wood  found  himself  in  Sacramento  on  August  23, 
1849.  To  the  mines!  to  the  mines!  was  the  wild  slogan  of  everyone;  thither 
the  subject  of  this  sketch,  therefore,  also  proceeded  with  the  rest,  but  at  the 
end  of  two  months,  finding  that  there  were  other  wavs  of  getting  gold 
besides  the  digging  for  it,  he  proceeded  to  San  Diego,  [)urchased  a  drove  of 
horses  and  mules,  drove  them  along  the  coast,  and  on  gaining  his  destination 
estal)lished  a  pack-train  for  supplying  the  mining  camps  with  provisions. 
His    healtli  failing,  Mr.  Wood   sold  out  of  the  concern    at  the  end  of  three 


G38  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

months  and  returned  to  Illinois,  and  there  stayed  until  1853;  but  such  were 
the  attractions  of  this  State,  that  we  find  him  once  more  on  the  boundless 
plains,  en  route  to  the  Pacific  coast,  his  former  experience  having  gained  him 
the  position  of  captain  of  the  train.  On  the  19th  August  of  the  3'ear 
last  mentioned,  he  once  more  found  himself  in  Sacramento,  and,  movinof  from 
thence  in  that  Fall,  came  to  Santa  Clara  county,  arriving  in  Gilroy  town- 
ship Christmas  Day,  1853.  Having  paid  a  second  vi>it  to  Illinois,  in  the 
year  1855,  Mr.  Wood  returned  uith  his  family,  this  time  by  water,  and  took 
up  his  I'esidence  in  Gili'oy  township,  where  he  has  since  been,  save  fur  twelve 
years,  dui-ing  which  he  had  his  abosle  in  Tulare  and  Merced  counties. 
Married,  September  8,  1842,  Mary  Mills,  of  New  York,  and  has:  Chark-s  A., 
Nelson  H.  (deceased),  David  M.,  James  T.,  George  R.,  Frank  A.,  Martha, 
William  W.,  and  Mary. 

Uriah  Wood.  Tlie  sul)ject  of  this  naiTative  was  born  in  Cattaraugus 
county,  New  York,  September  5,  1829.  At  the  age  of  eleven  years  his 
parents  took  him  to  Whiteside  county,  Illinois ;  from  tliere  to  Bureau  and 
La  Salle  counties,  in  the  same  State;  in  the  last  named  he  received  his  edu- 
cation and  resided  until  1852.  In  this  year  he  crossed  the  plains  to  Cali- 
fornia, arriving  at  Hangtown  (now  Placerville)  in  September  of  that  year. 
Shortly  after  reaching  the  State,  he  proceeded  to  Calaveras  county,  there 
passing  the  Winter  of  1852-3.  In  the  following  Spring  he  went  to 
S]Danisli  Flat,  and  mined  until  the  Fall  of  the  year,  when  he  made  Sacra- 
mento his  residence  until  March,  1854.  He  then  came  direct  to  Santa  Clara 
county,  located  on  a  squatters'  claim  in  Gilroy  township,  until  1857,  at 
which  time  he  disposed  (jf  his  affairs  and  embarked  in  the  stock  business.  In 
1860  Mr.  Wood  took  up  his  abode  in  the  San  Joaquin  valley,  where  he  owned 
a  ranch  of  nearly  five  thousand  acres,  two  thousand  being  under  cultivation ; 
he  had  something  over  four  thousand  sheep  upon  this  tract.  In  18G6  he 
acquired  the  farm  near  San  Felipe,  on  which  he  now  resides,  comprising 
two  hundred  and  seventy-four  acres,  where  he  has  a  comfortable  home  and 
fine  land.  Thus  doth  perseverance  overcome  difiiculty.  When  our  subject 
first  arrived  in  the  county  his  available  capital  was  a  little  more  than  three 
hundred  dollars;  for  some  time  he  drove  a  team  in  the  redwoods  ;  he  after- 
wards settled  on  a  claim  two  miles  north-west  of  Gilroy;  and  so,  round  by 
round,  has  he  climbed  the  ladder  of  life,  until  to-day  he  is  one  of  the  leading 
citizens  in  the  district  in  which  he  resides.  Mr.  Wood  is  also  largely  interested 
in  three  banks — the  Bank  of  Hollister,  Salinas  City  Bank,  and  the  Grangers 
Bank  of  California,  and  other  corporations.  Married,  December  18,  1862 
Phoebe  L.  Smith,  a  native  of  Ohio,  and  has:  Chester  W.,  born  August  21, 
1864;  Walter  H.,  born  December  5,  1866;  Ralph  W.,  born  October  31, 
1870  ;  Louis  E.,  born  July  27,  1875. 


BIOGEA  I'll  IKS — GILKOY    TOWNSHIP.  C3D 

David  Zlick.  This  wmtliy  pioneer,  wlio  has  rriven  two  sons  to  the  Lef^- 
islaturc  of  C'uht\  riiia,  was  boin  in  Ross  county,  (Jliio,  Jnnuarv  30,1808, 
where  he  was  educated,  and  lesided,  until  Febiuary,  18o5,  at  which  time  lie 
moved  to  Marion  countv,  and  for  five  years  en<:aiied  in  ("arniinir.  'J'herice 
he  proceeded  to  Caledonia,  in  the  same  county,  aiid  Cf)nibined  a  meicantile 
and  tailoring  business.  Two  years  after,  he  cnibaiked  in  hotel-keeping, 
seceding  from  the  iirst-iuimcil  and  coiitinurd  it  niilil  his  detfi  ntiuation  to 
proceed  to  California  was  anived  at.  Early  in  the  ever  mnnorable  year 
of  1849  Mr.  Zuck  entt  red  into  a  contract  wiih  General  George  Kowe  to 
accompany  a  party  acioss  tlie  plains  to  the  Pacific.  1  hey  were  fitted  out  at 
St.  Joseph,  Mis.souri,  and  a  start  effected  Ajnil  1  :^th  of  that  year.  All  went 
well  with  our  travelers  until  the  Platte  liver  was  reached,  on  June  1st, 
when  a  raid  Avas  made  upon  them  by  Indians,  and  two  of  their  oxrn  >tnlen. 
After  a  chase  of  five  miles  the  depredators  were  overhauled  and  callecl  upon 
to  surrender,  when  a  skiiinish  ensued.  One  of  the  party,  Dr.  Fisher,  liad 
his  hor.se  shot  under  him,  and  another,  ^k^w  Toppiii,  was  wounded  by  an 
arrow  piercing  his  thigh.  Four  of  the  led  skins  were  made  to  bite  the  dust. 
The  i-emainder  of  the  journey  was  made  without  further  mishap,  and  Mr. 
Zuck  believes  that  evdi  the  mi.'-adventure  that  happened  nd<^ht  have  been 
avoided.  On  October  26,  1849,  the  subject  of  our  narrative  ai'iived  at  the 
mines  on  the  Yuba  liver,  and  there  lemained  until  January  28,  1850,  when 
he  moved  higher  up  the  stieam,  to  Bullard's  Bar,  but  had  poor  success.  In 
December,  1850,  he  worked  as  a  farmdaborer  on  the  Horn  Cut,  and  four 
months  later  purchased  a  ranch.  Hitherto  he  had  had  no  financial  success; 
now  he  essayed  practical  farming.  Purchasing  two  hundred  acres  of  land 
in  partnership  with  R.  F.  Piat,  he  located  about  fouiteen  miles  fiom  Marys- 
ville,  on  the  Horn  Cut,  and  there  took  up  his  residence.  Mr.  Zuck  now 
determined  to  visit  the  Ea.st.  He  therefore  sailed  from  San  Francisco, 
December  5,  1851,  in  the  steamer  Golden  Gate,  on  her  first  voyage,  and 
arrived  in  New  Nork  on  New  Year's  morning,  1852.  Having  recro.ssed 
the  plains,  he  arrived  on  his  farm,  near  Marysville,  on  September  17th, 
of  that  year,  whence  he  removed  to  Santa  Clara  county,  November  7, 
1853,  and  on  the  following  day  located  on  the  property  he  occupies, 
now  comj^rising  eight  hundred  and  forty  acres,  where  he  is  engaged 
in  farming  and  stock-raising.  Married,  April  11,  1833,  Maria  Eliza 
Linton,  a  native  of  Ohio,  who  died  May  10,  1881,.  by  whom  he  has: 
Mary  Ann,  born  March  25,  1834;  John,  born  November  5,  1835,  died 
March  22,  18G7;  [The  Hon.  John  Zuck  was  elected  to  the  House  of  Assem- 
bly of  the  State  of  California,  on  the  Republican  ticket,  September  4,  18G1, 
when  he  polled  one  thousand  seven  hundnd  and  sixty-seven  votes,  being 
forty-five  more  than  the  Hon.  Charles  Maclay,  Republican,  and  one  hundred 
thirty-one  more  than  Hon.  J.  Brown,  Republican.     He  died  full  of  promise, 


040  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

and  much  vef^retted.]  Haniett,  born  May  10,  1838;  William  H.,  born  Novem- 
ber 10,  1841,  who  died  December  27,  1863;  James  (J.;  born  January  14, 
1844;  [The  Hon.  James  C  Zuck  is  the  confrere  of  the  Hon.  G.  F.  Baker. 
In  the  present  Senate  of  the  State  of  California.]  Albiun  Theo.,  born  May 
30,  184G,  who  died  April  29,  1870. 

The  Honorable  James  C.  Zuck.  The  subject  of  this  biography,  the 
son  of  David  and  Maria  L.  Zuck,  was  born,  in  Marion  county,  Ohio,  January 
14,  1844.  In  the  year  1852,  his  father  determineil  to  cross  the  plains,  face 
their  many  hardships,  and  proceed  to  the  Pacific  shores,  therefore  arrange- 
ments wei'e  made,  farewells  said,  tlie  prairie  schooner  ireighted,  and,  under 
command  of  the  captain,  W.  W.  HoUister,  tlie  course  was  shaped  f<*r  the 
land  of  gold.  In  the  Fall  of  that  year,  the  party  ai'rived  in  Marysville,  but 
the  mindful  father,  havii>g  in  view  the  education  of  his  children,  not  finding 
academic  facilities  in  that  vicinity,  after  a  little,  proceeded  to  Santa  Clara 
county,  where  these  were  to  be  had,  and  located  in  Gilroy  township,  in  the 
month  of  OctobLT,  1853.  In  the  year  1802,  the  gentleman,  whose  career  we 
have  now  under  notice,  entered  the  University  of  tlie  Pacific,  then  situated 
in  the  town  of  Santa  Clara,  and  graduated,  A.  M.  {Artiiun  Maglster),  in  the 
class  of  1867.  His  curriculum  ended,  he  studied  for  four  months  in  a  law 
office,  in  San  Jose,  and,  in  the  Fall  of  that  year,  established  the  first  legal 
office  in  Gilroy,  when  it  was  composed  of  but  a  few  houses,  and  the  site  of 
the  town  an  open  field,  wild  and  uncultivated.  At  this  period,  Mr.  Zuck,  in 
company  with  F.  S.  Rogers,  entered  largely  into  real  estate  transactions,  and 
taking  into  partnership  Mr.  Hoovei',  the  firm  became  Zuck,  Rogers  &  Hoover, 
who  staked  ofi:'  the  town  of  Gilroy,  planned  its  streets,  and  purchasing  a 
parcel  of  ground  here  and  a  tract  there,  divided  it  into  lots,  and  disposed  of 
them  as  occasion  offered;  indeed,  the  town  site  has  been  purchased  by  these 
enterprising  gentlemen  over  and  over  again,  while  Mr.  Zuck  has  made  out 
the  deeds  for  nearly  every  piece  of  property  there.  In  the  years  from  1868 
to  1871,  Gilroy  took  its  principal  start,  when  such  were  the  number  of  o])era- 
tions  in  land,  that  Mr.  Zuck  drew  out  from  ten  to  a  dozen  transfers |)er  dievi- 
When  the  railroad  was  completed,  however,  the  building  enterprises  ceased^ 
and  the  town  assumed  the  quietude  which  it  to-day  bears.  On  January  6^ 
1874,  the  subject  of  our  memoir  was  elected  President  of  the  Bank  of  Gilroy, 
which  position  he  held  for  five  years;  he  then  resumed  the  practice  of  his 
profession,  and  in  the  Fall  of  1879,  was  elected  to  the  State  Senate. 
Appointed  Consul  at  Tien  Tsing,  North  China,  May  20,  1881.  Married^ 
firstly,  February  20,  1808.  Mary  L.  Hayden,  who  died  October  1,  1872,  by 
whom  he  has  one  daughter,  named  Nellie;  and  secondly,  Jenjiie  P.  Borland, 
a  native  of  Canada,  and  has  by  this  union  two  children,  viz.:  Ralph  J.;  and 
Maro'uerite. 


m^. 


/ 


UIUUllAl'lIIKs— M1I,I-ITAS    TOWXSHII'. 


G41 


MILPITAS   TOWNSHIP. 


Samuel  rreeman  Ayer.     Wl.oso  portrait  appears  in  tlK.™pa..o.  was 
horn  January   2:),  1,S40.     lii,  parents  James  an.lEli.aWth  Aver  "at' J,a" 

B.un^.ck      H„  father  was  ar  extensive  manufacturer,  carrvin..  on    the 
busmess  ot  a  tannery,  a  harness  faetcry.  a  shoe  faetorv,  an,   at  ti  e  ran^eti  „e 

cnt  unt,l  he  was  fourteen  years  of  age.  attending  school  an<l  ^ssisdn.  his 
ather  ,n  the  different  branches  „f  hi,,  diversified  business.  At  that  tim"e  a 
hiscwn  request,  he  was  indentured  as  an  apprentice  to  a  gentle^arwl^o 
was  carryng  on  a  large  carriage  factory  i„  tl,;  town  of  Sackvill  He  oon 
became  a  n,ost  valuable  assistant  to  the  proprietor.  His  indentures  ran  for 
seven  years,  at  t  e  end  of  which  ti,„e  he  would  have  been  twent'on  ™I 
of  age  l.ut  at  tl,e  expiration  of  six  year.,  he  made  up  his  mU  that  he 
.-anted  to  con,e  to  Cahfornia,  and  the  gentleman  to  whom  he  wTs  app  en 

r;«6«  r'  Tr"°r'  '^  ™'"^^'«  --stance,  cancelle,!  his  indentu  -eTaTd 
m  18C0,  bemg  then   twenty  years  of  age,  he  started  for  the  PaciHc  coast 

feir' He^iiT: :  '"°.^^r"'''.""™"" '-  '^'^  ^-"-^-^  -  ^^y  ^^^ 

leinte  ■    ''"'  ''"VTr'°  '™=  '"  "'«  <=''>'  but  at  once  made  his  way  into 
he  rnteiior      He  first  located  at  the  town  of  Santa  Clara  where  he  wt.ked 
a  few  months  m  the  shop  of  .J..l,n  Dickson,  but  receiving  an  advan  a"lous 
oHer  fro,n  Abraham  Weller.  of  Milpita.,,  he  removed  to  thit  plac       h'   wa 

shops  and  set  up  U  sure.,,  on  h,s  own  account.     A  thorough  knowledge  of 

d  rulht  .r  of  To    T^  "  ^T'  "'"  ^"""'^  ^-  '=™"'-  "'«  accomplished 

dauohtc.r  of  Josrah  Evans,  one  of  the  pioneer^s  of  the  State,  and  a  gen  leman 

«.le  y  known  and  h.ghly  respected.     In  18C3  he  abandoned  his  iLe  of  the 

,    f  «P*  '        "   '"  P"''"''^'^''''  ^  *'-^'='  °f  '^"d  containing  one  hun- 

d  ed  and  hfty  acres,  s,tuat.d  a  n,ile  east  of  Milpita-s  toward  the  foot-hill.    He 

hen  gave  up  Ins  shops  and  engaged  in  agriculture,  a  business  in  which  he 

I  as  been  emurently  successful  and  which  he  still  follows.     He  lives  on    1  i! 

i':r:h:;d :'""""  "■';"■"  "^^  ""-^"'^  """^  «•''»  and  eight  chudTe  o 

.     chdd.en,  s>x  are  gnls  and  two  are  boys,  the  oldest  being  a  boy  a^ed 
eighteen  years,  and    the  youngest   a   girl   aged   four   years"  Soon'^afte 


642  HISTORY    OF    SANTA   CLARA    COUNTY,   CALIFORNIA. 

his  location  in  Mil  pitas,  Mr.  Aj-er's  sound  sense  and  practical  ideas  on  all 
questions  affecting  the  welfare  of  the  commuBity  caused  his  opinions  to  be 
greatly  sought  and  respected.  He  was  frequently  solicited  to  become  a  can- 
didate for  some  one  of  the  important  offices  of  the  county,  but  would  consent 
to  acci^pt  nothing  but  the  position  of  School  Trustee  of  his  district.  Taking 
a  lively  interest  in  everything  connected  with  the  matter  of  common  schools, 
he  accepted  a  place  on  the  School  Board  of  his  district  in  1866,  and  has  held 
it  ever  since.  The  efficiency  of  the  Milpitas  schools,  is,  in  a  great  measure, 
owing  to  his  liberal  and  enlightened  ideas  on  the  sulject  of  common  school 
education.  In  1875  the  Supervisoral  distiicts  of  Santa  Clara  county  were 
reorganizeil,  a  distiict  being  formed  from  the  townships  of  Fremont,  Alviso 
and  Mdpitas.  An  election  for  Supervisors  was  to  be  held  in  February,  1876,  Mr. 
Aycr  was  urged  to  become  a  candidate,  and,  after  earnest  solicitation,  con- 
sented. The  district  was  X)emocratic  by  a  large  majority  and  Mr.  Ayerwas 
a  Republican.  The  Democrats  nominated  Thomas  Steale}',  a  resident  of 
Mountain  View,  a  very  popular  man.  At  this  election  Mr.  Ayer  received 
two  hundred  and  forty-five  votes  and  Mr.  Stealey  two  hundred  and  thirty- 
nine,  Milpitas  casting  her  entire  vote  except  eleven  for  Mr.  Ayer.  In  1879 
another  election  for  Supervisors  was  held  and  Mr.  Ayer  again  became  a 
candidate,  his  opponent  being  John  Carrick,  of  Milpitas  township.  The 
result  was  that  Mr.  Ayer  received  four  hundred  and  three  votes,  and  Mr. 
Carrick  one  hundred  and  seventy-two.  The  effect  of  this  last  election 
indicates  that  Mr.  Ayer  has  very  satisfactorily  discharged  the  difficult  duties 
of  this  usually  thankless  office.  Mr.  Ayer  is  still  in  the  piime  of  life,  being- 
only  forty-one  years  of  age,  is  in  robust  health  and  full  of  energy.  As  a 
public  officer  he  has  originated  and  carried  to  a  successful  termination  some 
of  the  most  beneficial  measures  of  our  county  government.  As  a  farmer  he 
has  always  been  in  the  front  rank  of  progress,  and  as  a  citizen  he  is  esteeined 
and  respected  by  all. 

Wilson  S.  Bower.  Born  in  Carroll  county,  Ohio,  February  13,  1842. 
In  the  year  1865  he  left  his  native  State  for  Montana;  thence  to  Idaho, 
from  there  to  Salt  Lake,  next  to  Arizona  by  way  of  the  Colorado  river; 
afterwards  to  Kern  county,  California;  next  to  Santa  Cruz  where  he  was 
employed  at  various  occupations  for  five  years;  then  to  Mexico  and  South 
America;  back  to  New  York  and  Ohio,  proceeded  to  Texas,  Indian  Terri- 
tory, Nebraska,  and  finally  settled  on  the  South  Calaveras  ridge,  Milpitas 
township,  Santa  Clara  county,  California,  where  he  has  fixed  his  home  but 
has  not  taken  unto  himself  a  "  better-half." 

David  S.  Boyce.  Born  in  Huntingdon  county,  Canada,  August  18, 1838, 
and  there  resided  for  the  first  fifteen  years  of  his  life,  when  he  moved  to 


BIOGRAPHIES — MlLl'ITAS    TOWNSIIIl'.  643 

Toronto  and  eni^aiied  in  tlie  carri.arre  and  warronmakor's  trade.  At  tlie  end 
of  al>()ut  two  yeai's  he  went  to  the  State  of  New  York,  worked  at  his  ti'ade 
fur  ei^dit  months  and  then  starteil  for  Cahfoi-nia  by  way  of"  the  Isthmus, 
arrivin<T  in  San  Francisco  in  1857.  After  making  a  short  stay  at  Searsville, 
San  Mateo  county,  he  proceeck'd  to  the  mines  at  Cohimbia,  Tuohnnne  county;, 
thence  to  Murphy's  Camp  in  Calaveras  county;  then  to  Saw  Mill  Flat,  Tuo- 
luiiiui'  eminty,  where  he  remained  all  Winter;  in  the  Spring  he  went  to 
Redwood  City,  San  Mateo  county;  in  the  following  Fall  to  Spanishtown, 
and  finally  came  to  this  county  and  worked  for  Mi-.  Aver  until  18(J4,  when 
he  was  various!}'  employed  most  of  the  time,  until  he  built  his  present  shop 
in  Milpitas,  wdiere  his  business  is  conducted  under  the  firm  name  (*f  Boyce  & 
Topham.  Married,  February  22,  18G0,  Sarah  Cottle,  and  has:  Sarah  E., 
born  December  4,  1871;  Helen  S.,  born  July  18,  1873;  Clara,  born  Feb- 
ruary 18,  1879;  Edward  P.,  born  December  20,  1880. 

John  Carrick.  Was  horn  in  Haddingtonshire,  Scotland,  Septemher  21, 
1821,  and  emigrated  to  the  United  States  in  1844,  first  living  in  Maine  and 
Massachusetts.  After  .sailing  round  the  Cape  of  Good  Hope  to  Australia,  he 
came  to  this  State  in  1850.  Three  months  after  his  arrival  in  San  Fran- 
cisco he  proceeded  to  the  mines  in  Mariposa  county  for  a  short  time  and  had 
good  success;  he  then  came  to  Santa  Clara  county,  obtaining  employment  in 
the  New  Almaden  mines;  at  the  end  of  one  year  he  moved  to  San  Jose  and 
commenced  working  at  his  trade  being  the  first  baker  in  that  city,  having 
al.^o  furnished  the  yeast  wherebv  the  fiist  beer  was  brewed  there.  Here  he 
continued  in  business  until  1857,  when  he  purchased  one  hundred  and  sixty 
acres  of  land  fr<im  Joseph  Stevens  in  Calaveras  valley;  he  now  owns  four 
hundred  acres,  and  two  bundled  head  of  stock.  Mr.  Carrick  was  one  of  the 
first  who  establisheil  a  school  in  the  di-strict,  and  has  been  a  School  Trustee  for 
several  years.  Married,  in  Australia,  Mary  McMaster,  a  native  of  Argylcshire, 
Scotland,  and  has  had  six  children  as  following:  Jidia,  in  Australia,  now 
Mrs.  Collyer,  Alexander  J.,  Marion  Jane  (deceased),  Isabel  L.,  Alice  C,  now 
Mrs.  W.  French,   Annie  M. 

Charles  Clark.  Horn  in  Delaware  county,  Ohio,  April  27,  1819,  Avhcre 
he  lived  until  he  came  to  California  in  18.')2.  He  soon  after  located  on 
the  farm  on  which  he  now  resides.  After  first  coming  to  Santa  Clara 
county,  however,  he  built  a  house  about  a  mile  north  of  Milpitas  ami  occu- 
pied it  for  two  years;  he  next  dwelt  for  five  years  in  Contra  Costa  county; 
and  thence  returned  and  bought  the  property  as  above  stated,  where  he  has 
some  of  the  finest  Durham  stock,  .several  head  being  especially  imported  into 
the  county.  Manied,  in  Delaware  county,  Ohio,  September  20,  1842,  and 
has:  Philander,  born  in  Ohio,  September  17,  1845;  Phoebe  A.,  born  in  Wis- 
consin, March  17,  1851;  Lucy  M.,  born  in  Califoinia,  July  3,  1854. 


644  HISTORY    OF    SA^■TA    CLARA    COUISTY,    CALIFORNIA. 

Philander  Clark.  Born  in  Ohio,  December  17,  1845,  and  when  quite 
young  came  with  his  parents  to  CaHfornia.  In  1852  he  went  to  school  in 
San  Fi-ancisco,  after  wliich  he  entered  the  store  of  T.  W.  Spring  in  San 
Jose  for  one  year.  On  the  expiration  of  that  term  he  came  to  Milpitas, 
£ngaged  Avitli  E.  W.  Darhng  with  whom  he  remained  eight  years,  when  he 
finally  purchased  the  business  of  that  gentleman.  Mr.  Clark  is  also  Post- 
master, and  manager  of  tlie  Western  Union  Telegraph  Agency.  Mairied, 
April  29,  1868,  Saiah  Maple,  a  native  of  Staten  island,  New  York,  and  has: 
Charles,  born  March  9,  1809;  Arthur,  born  February  11,  1871  ;  Eva,  born 
October  12,  1873. 

E.  W.  Darling.  Born  in  Messesquoi  county.  Province  of  Quebec, 
December  28,  1834.  At  sixteen  years  of  age  he  went  to  West  Cambridge, 
Massachusetts,  and  tliere  I'emained  four  years,  then  went  to  Boston  and 
eno-aacd  in  the  manufactory  of  whalebone  for  some  vears.  In  1859  he 
came  to  California;  was  in  Downieville,  Sierra  county,  one  year;  next  went 
to  Tehama  county  and  engaged  in  the  stock  business  for  seven  years.  In 
1867  removed  to  Santa  Claia  county,  purchased  seven  hundred  acres  of 
land  on  the  San  Ysidro  grant,  south  of  Gilroy,  stocked  it  with  two  hundred 
cow^s,  and  followed  the  dairy  business  one  year  when  he  removed  to  Milpitas, 
entering  the  mercantile  business  with  Calvin  Valpey,  Jr.,  and  remained  in 
the  same  until  1879.  In  1876  he  built  the  Milpitas  Grain  Warehou.se  and 
took  the  Agency  of  the  Central  Pacific  Railroad  Company,  also  Wells, 
Fargo  &  Co.,  and  at  the  present  time  is  attending  to  the  business  of  these 
companies  as  well  as  being  in  the  wholesale  trade  of  hay  and  grain.  Mar- 
ried, in  December,  1856,  Abbie,  tlie  daughter  of  Deacon  Nathaniel  Churchill^ 
of  Yarmouth,  Nova  Scotia,  at  Boston,  Massachusetts,  by  whom  there  has 
been  one  son  born  who  died  in  infancy.  His  father  was  a  fine  musician, 
who  had  a  violin  made  at  Verona,  Italy,  which  is  an  heir-loom  and  now  in 
the  possession  of  our  subject,  it  being  one  hundred  and  seventy-one  years  old. 

Hiram  Pomeroy.  Born  in  Knox  county,  Indiana,  January  11,  1822, 
whence  he  went  to  Sullivan  county  when  quite  young.  At  ten  years  of  age 
he  accompanied  his  parents  to  St.  Joseph  county,  and  after  two  3'ears  to 
Marshall  county  where  he  settled  when  there  w^ere  but  a  very  few  white 
residents  in  that  locality.  After  residing  among  the  Indians  there  and  farm- 
ing for  nineteen  years,  he  started  for  California  via  the  Isthmus  of  Panama, 
in  1853.  On  arrival  he  started  for  the  mines  on  Jamison  creek,  Plumas  county, 
but  remaining  there  only  one  Summer,  he  came  to  San  Jose,  where  he 
left  his  family  and  departed  for  Tuolumne  county,  where  he  mined  for  six 
months.  With  only  a  small  sum  made  in  this  venture  he  returned  to  San 
Jose',  joined  D.  Meyers  in  a  two-hundred-acre  farm,  put  in  a  crop,  but  a  dry 


BIOGRAPHIES — MILPITAS   TOWNSHIP.  045 

year  ensiiinjif,  experienced  a  total  loss.  Mr.  Porreroy  then  removed  with  his 
family  to  Gilroy,  worked  in  a  dairy  lor  a  year  and  a  half,  paid  his  del>tslike 
a  man,  and  came  to  the  Calaveras  valley,  Milpitas  town.ship,  in  1857,  pur- 
chased a  pre-emption  claim  of  one  hiuidicd  and  sixty  acres  and  planted  a 
vineyard  and  orcliard,  which  he  sold  .'-ome  six  years  since  to  the  Spring 
V^alley  Water  Company.  Married.  April  13,  1847,  Harriet  Taylor,  a  native 
of  New  York.     They  have  no  children. 

John  Sinnott.  Born  in  County  Wexford,  Ireland.  In  the  3'ear  1800 
he  emii^Muted  to  Canada,  in  which  country  he  farmed  until  1851  when  he 
emio-rated  to  California,  cominsf  viu  the  Isthmus  of  Panama,  which  was 
crossed  on  mules,  and  ai-rived  in  San  Francisco  June  10,  1851.  Mr.  Sinnott 
came  direct  to  Santa  Clara  county,  and  settled  in  Fremont  township  near 
Mountain  View;  in  1850  he  removed  to  Milpitas  township,  bought  an  undi- 
vided interest  in  a  tract  of  laml  supposeil  to  comprise  three  hundred  acres 
but  on  measurement  was  found  to  contain  but  two  hundred;  to  this  he  has 
since  added  until  he  at  present  owns  a  property  of  five  hundred  and  seventy- 
five  acres,  all  of  which  is  well  impioved,  and  under  the  immediate  manage- 
ment of  iiisson.s,  Thomas  J.  and  Patrick  Sinnott.  Married,  in  Quebec,  Can- 
ada, Elizabeth  Bulger,  and  has  five  children  living — two  sons  and  three 
daughters:  Thomas  J.,  Patrick,  Catharine,  Mary,  and  Ellen  Sinnott.  The 
sons  though  tempted  by  public  preferment  have.ever  turned  their  backs  ujion 
the  avenues  of  political  honors  and  pursued  the  even  tenor  of  their  ways  in 
the  more  profitable  and  peaceful  pursuits  of  agriculture.  One  of  the  daugh- 
ters is  now  a  Sister  of  Notre  Dame,  having  joined  that  order  twenty-three 
years  ago.  Another  daughter  is  married  to  John  Murphy,  of  San  Leandro, 
while  the  other  sister,  Miss  Ellen,  the  light  of  her  own  home  and  the  favorite 
of  all  who  know  her,  lives  with  her  brothers  and  parents  at  the  old  homestead. 

Robert  Walsh.  Born  in  Canada,  July  22,  1832.  In  the  Fall  of  the 
year  1853,  he  ariived  in  San  Francisco,  and  coming  diiect  to  Santa  Clara 
county,  located  himself  for  eight  months  in  San  Jose  township.  He  then 
passed  about  half  a  year  at  the  mines  at  Columbia,  Tuolumne  county; 
next  he  proceeded  to  Alameda  count}-,  and  there  resided  about  eight  months; 
thence  he  went  to  Milpitas  township,  Santa  Clara  county,  and  acquired  the 
farm  on  which  he  now  resides,  comprising  one  bundled  ami  eighty-three 
acres,  with  as  much  more  in  the  hills.  Manied,  November  8,  1808,  C.  Ken- 
nedy, by  whom  he  has:  Mary  E.,  born  May  10,  1870;  Thomas,  born  Decem- 
ber 24,  1871;  Cecilia  V.,  born  December  8,  1873;  Katie,  born  December  24, 
1875;  Anne  L.,  born  April  18,  1878;  Agnes,  born  April  14,  1879. 

Abraham  Weller.  Born  in  Somerset  county.  New  Jersey,  November 
25,  1821.    When  quite  young,  he  went  with  his  parents  to  Livingston  county. 


G4G  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

New  York,  lived  on  a  farm  until  he  was  eighteen,  then  commenced  life  on 
his  own  account,  as  a  blacksmith — a  trade  he  followed  until  he  came  to  this 
State,  in  1850.  After  a  few  days'  stay  in  San  Fi'ancisco,  he  left  for  Coloma, 
near  Folsom,  where  he  mined  for  two  years;  he  then  came  to  Milpitas  town- 
ship, and  started  a  blacksmith's  shop,  at  the  same  time  purchasing  a  squat- 
ter's claim  to  a  ranch,  from  John  T3ghe,  part  of  his  present  farm.  At  the 
end  of  six  years  he  sold  his  shop  to  T.  J.  Marcher.  Mr.  Weller,  at  present, 
owns  two  hundred  acres  of  land.  Married,  January  2G,  1863,  Ellen  Carpen- 
ter, who  died  August  5,  1880.  By  this  union  theie  is  one  child:  Henry  C. 
burn  March  1,  18(34. 

Joseph  S..  Weller.  Whose  portrait  appears  in  this  work,  was  born  in 
AVarren  county.  New  Jersey,  October  10,  1819.  When  he  was  at  the  age  of 
five  years,  his  father  emigiated  to  the  Genesee  valley.  New  York,  and  there,  in 
Temple  Hill  Academy,  he  received  his  early  education,  under  the  tutorship  of 
Professor  Horatio  N.  Robinson.  He  afterwards  taught  in  the  public  schools, 
and  attended  the  Ithaca  Acailemy,  and  while  a  student  there,  was  elected  by 
the  Board  of  Supervisors  of  Livingston  county  to  go  to  the  State  Normal 
School  at  Albany.  Graduating  there,  in  1846,  he  was  immediately  engaged 
by  Colonel  W.  W.  Wadsworth,  as  an  associate  with  Henr}'^  Wilk-y  to  take 
charo-e  of  an  Ao-ricultural  Colleire\  which  he  was  commencing  to  establish  in 
the  Genesee  valley,  a  position  he  occupied  until  Mr.  Wadsworth's  health 
failed,  and  the  college  was  discontinued.  In  the  Spring  of  1849,  he  went 
to  Staten  Island  and  taught  a  private  seminary  (under  the  proprietorship  of 
Professor  H.  M.  Bachm)  until  May,  1850,  when,  under  the  influence  of  the 
prevailing  California  fever,  he  left  New  York,  on  the  brig  John  French,  for 
the  far-otf  land  of  gold.  After  a  stormy  passage  of  thirty-three  days  the 
mouth  of  the  Chagres  river  was  reached,  when,  with  six  companions,  they 
traveled,  by  way  of  rowing  their  own  boat,  to  the  town  of  Cruces.  Thence 
over  the  old  Boliver  trail,  on  pack-mules,  to  Panama,  where,  with  several 
thousand  others,  six  weeks  wei-e  pa.ssed  awaiting  a  steamer  to  convey  them 
to  San  Francisco.  At  length  the  almost  unendurable  suspense  was  ended 
by  the  arrival  of  the  ship  Columbus  from  her  first  trip  to  San  Francisco. 
As  soon  as  repairs  could  be  made,  he  secured  passage,  and  arrived  in  San 
Francisco,  August  7,  1850.  He  soon  went  to  the  mines  at  Coloma,  El 
Dorado  county.  At  the  end  of  a  month  he  returned  to  San  Francisco,  ill 
with  Panama  fever.  In  the  following  Spring,  still  suffering  from  the  effects 
of  the  fever,  he  came  to  Santa  Clara  county,  and  located  on  the  Charles 
Weber  Ranch,  twenty  miles  from  San  Jose,  where  he  remained  until  his 
health  was  fully  restored.  We  next  find  Mr.  Weller  employed  on  the 
Laguna  Ranch  for  one  month;  he  then  proceeded  to  the  mines  in  Mariposa 
county,  with  Thomas  Douglas,  taking  with    them    two   loads  of  produce. 


BIOGRAPHIES — MILPITAS    TOWNSHIP.  C47 

On  liis  return  to  San  Josd,  after  an  absence  of  seven  weeks,  he  acciuiied 
fifty  acres  of  land  ironi  Janus  Murj)liy,  farmed  it  for  two  years,  and  then, 
May  1,  1853,  came  to  ]Mil{)itas  township,  settling  wln're  he  now  resides.  In 
18G1  he  was  married  to  Mis.  Marion  W.  Battey,  nee  Hart,  a  native  of  Mad- 
ison county,  New  York,  liy  whom  he  has  two  daughters,  Marion  Iv,  and 
Mav  L.  Weller.  In  1855  Mr.  Weller  organized  the  Milpitas  school  district, 
beinT  appointed  a  Trustee,  which  position  he  still  holds.  He  filled  the  office 
of  Justice  of  the  Peace,  from  18oG  to  J  878.  In  18.")3  he  received  the  nom- 
ination for  the  Assendtly,  and,  in  1855,  was  candidate  for  County  Clerk. 
In  1878  he  was  elected  to  represent  the  county  in  the  Constitutional  Con- 
vention. In  politics.  Mr.  Weller  is  a  Repuhlican,  with  progressive  tenden- 
cies and  decided  charactei-,  truly  a  sympathizer  with  the  working  clas.scs, 
and  an  active  agent  in  all  liberal  movements  for  true  advancement.  His 
duties  in  life  have  not  been  in  their  nature  biilliant  or  prominent,  but  they 
have  been  such  as  to  require  the  mo.st  solid  and  u.seful  of  the  civic  virtues, 
courage,  integrity,  justice,  and  steady,  indomitable  energy.  Pos.'^cssed  of  a 
genial  disposition,  and  a  firm  Christian  faith,  he  acts  by  his  own  honest  con- 
victions in  the  fear  of  God,  and  is  ever  ready  to  assist  all  that  is  good  and 
repress  all  that  is  wrong,  or  that  hinders  the  general  j)rosperity  of  his  fel- 
low-men. 

Dudley  Wells.  Born  in  Monroe  county,  Michigan,  September  24,  1829. 
He  ciossed  the  plains  to  California  in  company  with  A.  French  and  N.  R.  Har- 
ris arriving  October  1 0, 1852.  Soon  after  he  proceeded  to  Corte  Madera,  Maiin 
countv.  At  the  end  of  eijrlit  months  he  removed  to  Negro  Hill,  El  Dorado 
county,  where  he  resided  until  November  28,  1853,  when  he  came  to  Santa 
Clara  county,  and  settled  in  Calaveras  valley,  Milpitas  township,  taking  up 
the  ground  on  which  he  now  lives.  About  six  years  ago  he  dispo.sed  of  his 
property  to  the  Spring  Valley  Water  Company,  who  purchased  the  valley, 
but  he  still  rents  from  that  corporation.  Mr.  Wells  has  been  a  School  Tius- 
tee,  and  Roadmaster  of  the  district  for  several  years.  Married,  in  185G, 
Parthena  C.  Ogan,  a  native  of  Missouri,  who  died  October  18,  1875,  by 
whom  he  had  Martha  A.  and  Mary  J.  (twins),  born  August  8,  1858;  Leona 
born  December  26,  18G7.  Married,  secondly,  October  1,  1877,  Martha 
Brown,  and  has  one  child,  Maurice  M.,  boi'n  January  5,  1880. 


648  HISTORY    OF    SANTA    CLARA   COUNTY,    CALIFORNIA. 


REDWOOD  TOWNSHIP. 


John  Goldsworthy.  The  subject  of  this  sketch  was  born  in  the  county 
of  Cornwall,  England,  February  14,  ISIG.  When  fifteen  years  of  age  he 
commenced  working  in  tlie  cojiper  and  tin  mines,  where  he  continued  to  find 
constant  employment  until  the  year  1841,  when  he  emigrated  to  the  United 
States  and  settled  in  the  State  of  Wisconsin,  where  he  soon  became  actively 
engaged  in  mining,  in  which  business  he  was  continuously  and  successfully 
emplo3-ed  until  the  year  1852.  On  entering  the  mining  fields  of  Wisconsin, 
he  soon  discovered  tliat  the  knowledge  acquired  during  his  employment  in 
the  deep  mines  of  Cornwall,  was  likely  to  be  of  great  benefit  to  him  in  this 
country,  and  his  superior  knowledge  of  constructing  pumps  and  timbering 
soon  caused  his  services  to  be  souglit  after  by  others  engaged  in  the  same 
business,  and  wherever  employed  his  skill  in  constructing  suitable  pumps, 
with  which  to  drain  the  mines,  soon  secured  for  him  the  good-will  and  pat- 
ronage of  his  employers.  Indeed,  so  successful  was  he  in  the  Wisconsin  Lead 
mines,  that  when  he  left  there  for  California,  December,  1852,  he  was  the 
owner  of  a  good  farm  well  improved  and  .stocked.  On  arriving  in  Califor- 
nia, January  IG,  1853,  he  immediately  struck  out  for  the  mines,  having  been 
compelled  to  foot  it  most  of  the  way  from  Sacramento  to  Sonora,  the  stage 
company  ix-fusing  to  carry  pas.sengers,  owing  to  the  bad  condition  of  the 
roads,  which  were  in  such  a  deplorable  condition  that  nothing  but  tlie  mails 
could  be  transported  over  them.  On  arriving  at  Sonora  he  found  provisions 
of  every  kind  and  desciiption  scarce  and  high.  Flour  fifty  cents  per  pound, 
and  everything  else  in  proportion,  and  even  at  the  existing  high  prices  the}^ 
were  veiy  difficult  to  get.  He  immediately  commenced  gold  mining  on 
Wood's  creek,  near  the  then  flourishing  town  of  Sonora,  where  he  continued 
one  year.  Here  his  knowledge  previously  acquired  was  again  sought  after 
by  his  associates  and  the  construction  of  suitable  pumps,  with  which  to  re- 
move the  water  from  the  deep  diggings  of  that  section,  occupied  much  of  his 
time  at  advanced  wages.  From  Sonora  he  went  to  Valecita,  where  he  had 
been  called  to  take  a  situation  as  timberman  in  a  mine,  for  which  services 
he  received  a  good  salary.  From  Valecita  he  when  to  Carson's  Camp, 
where  he  soon  after  met  one  of  the  greatest  misfortunes  of  his  life,  the  loss 
of  a  beloved  brother,  who  was  instantly  killed  by  the  caving  of  a  gravel 
bank.  Here  Mr.  Goldsworthy  remained  two  years.  From  thence  he  went 
to  the  middle  fork  of  the  American  River,  where  he  was  employed  in  tim- 


BIOGRAPHIES — REDWOOD   TOWNSIIll'.  G4-9 

beririff  tlie  tlriftin^r  claims  tlieii  l)einfj  worked  under  tlie  banks  of  that  stream. 
After  being  proKtably  employed  at  this  business  for  some  time  he  returned 
to  Wood's  creek,  where  he  i)urciiased  a  mining  claim  and  continued  to  work 
the  same;  on  Maicli  14,  1857,  he  was  offered  a  position  in  the  New  Almaden 
Quicksilver  mine  in  this  county.  The  position  tliat  he  secured  at  this  mine 
afibrded  him  a  good  salaiy,  and  liaving  the  promise  from  the  owners  of  a 
permanent  situation,  he  sent  to  Wisconsin  for  liis  family  (wife  and  eight 
cliildren,  two  of  whom  biuiig  his  brother's  children),  who  arrived  liere  in  the 
Fall  of  18.37.  He  remained  in  thr  tn!j)Ioy  of  the  Almaden  Mining  Company 
nine  years.  In  18G4  Ik;  purchased  a  ranch  of  one  liundred  and  twenty  acies 
near  L  )s  Gatos,  an  I  cultivati^d  the  soil  for  five  years.  He  then  went  to 
San  Luis  Obispo  county,  Avhtre  he  remained  about  six  months,  mining  fi*r 
quicksilver,  when  he  returned  to  his  family  at  Los  Gatos.  Soon  after  com- 
ing back  from  San  Luis  Obispo  county,  lie  went  to  the  St.  John's  Quicksilver 
uiino  near  Valleio,  where  he  was  enwaofed  as  foreman  of  the  mine  and  work- 
ers,  which  position  he  retained  three  years  and  a  half,  having  given  entire 
satisfaction  to  his  employers;  he  was  then  appointed  Superintendent  of  the 
North  Almaden  Quicksrilver  mine,  near  San  Jose,  having  received  the 
appointment  fi-om  the  lamented  Captain  Adams.  Mr,  Goldsworthy  is  in  pos- 
session of  numerous  testimonials  from  many  distinguished  mining  operators 
of  California  and  elsewhere,  all  of  which  testify  to  his  skill  and  great  ability 
in  con  lucting  mining  operations.  Married,  Jariua-ry  IG,  1840,  in  the  Church 
of  E.igla.i.l,  Urslia  El  wards. 

Henry  Hutton.  Born  in  New  York  City,  August  27,  1813.  After 
working  with  his  father,  who  was  a  butcher,  until  he  was  sixteen  ycais  of 
age,  he  served  his  time  at  the  carpenter's  trade,  at  which  he  remained  U)V  six 
years,  then  drove  a  team  for  two  years,  and  finally  became  ticket-taker  at 
the  Bowery  Theater,  New  York,  being  at  the  same  time  aDiputy  SI  eiifF 
where  he  remained  until  1842.  We  now  find  Mr.  Hutt(m  in  the  ]  osition 
of  Superintendent  of  paupers  on  Blackwell  Island,  where,  after  a  year's  ser- 
vice, hj  was  transferred  as  steward  for  the  children  on  Randall  Island.  At 
the  enlof  a  3'ear  he  commenced  a  butcher  business;  in  New  York  City,  wliich 
he  continued  for  two  years.  In  December,  1841),  he  started  for  California  via 
Panama,  and  arrived  in  San  Fiancisco,  April  IG,  18.50.  On  reaching  this 
city  he  started  for  Merced  county,  and  went  to  work  mining,  which  he  fol- 
lowed forneaily  one  year,  then  returning  to  New  York.  After  a  short  stay 
of  three  weeks  in  that  city  he  returned  to  California  arriving  in  July,  1851. 
He  first  went  to  Benicia  and  acted  as  a^ent  for  John  B.  Steinberger  and  Rufus 
Rowe,  to  sup[)ly  the  Pacific  Mail  Steamship  Company  with  beef,  remaining 
with  them  one  year;  he  then  foimed  the  acquaintance  of  one  Ryder,  in  company 
with  whom  he  commenced  whaif -building,  an  occupation  he  prosecuted  until 


G50  HISTORY    OF   SANTA   CLAEA    COUNTY,    CALIFORNIA. 

the  Fall  of  1853 ;  once  more  he  retujned  to  New  York  but  at  the  end  of  six 
inonchs  brought  his  fatnily  to  California,  and  arrived  in  May,  1854.  After 
speculating  in  cattle  for  two  years  he  embarked  in  a  retail  butcher  business 
in  San  Francisco,  for  five  years,  then  went  into  the  oil  business  for  two^years; 
started  another  butcher  shop,  which  he  carried  on  for  two  years  more  ;  next 
worked  at  the  carpenter's  trade  until  1859,  when  he  bought  a  ranch  of  two 
hundred  and  twenty-seven  acres  in  Redwood  township,  on  which  he  has  since 
and  now  resides.  Married,  March  4, 1835,  Elenor  Foster,  by  whom  he  has 
now  living:  Ann  Eliza  Hutton,  born  in  New  York,  1837  ;  Warner  Hutton, 
born  in  New  York,  1839;  Sarah  Ellen  Hutton;  born  in  New  York,  1841  ; 
I.  A.  Hutton,  born  in  New  York,  1842;  Laura  Hutton,  born  in  San  Fran- 
cisco, 1856;  Hiram  Hutton,  born  in  San  Francisco,  1859. 

Ira  J.  Lovell.  Born  in  Logan  county,  Kentucky,  November  6,  1811^ 
When  quite  small,  he  moved  with  his  parents  to  Muhlmburgh  county,  and 
there  resided  until  1839.  He  was  married  Januaiy  14,  183G,  to  Ann  L. 
Campbell,  of  Muhlenburgh  county,  by  whom  he  had  eleven  children.  Li  1839, 
he  moved  to  Hopkins  county,  Kentucky,  where  he  followed  farming,  until  the 
Fall  of  1850,  when  he  moved  to  Saline  county,  Missouii.  He  i-emained  there 
until  the  Spring  of  1852,  then  started  across  the  plains  for  California,  arriv- 
ino-  at  Santa  Clara  in  the  Fall  of  that  year.  In  the  Fall  of  1853,  he  located 
on  his  present  fai-m,  of  two  hundred  and  thirty-five  acres,  in  Redwood  town- 
ship. Thp  following  are  the  names  of  his  children  now  living:  Williaui  M., 
born  in  Muhlenburgh  county,  Kentucky;  James  M.,  born  in  Muhlenburgh 
county,  Kentucky;  Maiy  E.,  born  in  Hopkins  county,  Kentucky;  John  A., 
born  in  Hopkins  county,  Kentucky ;  Joseph  W.,  bom  in  Hopkins  county, 
Kentucky;  Hugh  W.,  born  in  Hopkins  county,  Kentucky;  S.  Maggie,  born 
in  Humboldt  county,  Nevada;  Ella  L.,  born  in  Santa  Clara  county,  Cali- 
fornia. 

John  Weldon  Lyndon,  Born  at  Albuigh  Springs,  Grand  Isle  county, 
Vermont,  Februaiy  18,  1830,  and  there  resided  until  184G.  From  this  place 
he  moved  to  Whittield,  Coos  county,  New  Hampshire,  and  remained  there 
until  he  came  to  California,  arriving  in  San  Francisco,  via  Panama,  October 
24,  1859.  On  the  following  day  he  came  to  Santa  Clara  county,  and  after 
being  variously  emplo}ed  for  some  months,  entered  the  store  of  B.  Josephs^ 
at  Lexington,  where  he  remained  clerking  for  three  year.s.  Mr.  Lyndon  now 
started  in  business  on  his  own  account,  and  thus  continued  until  18G8,  when 
selling  out,  he  took  a  trip  to  the  Eastern  States.  At  the  end  of  a  few  months 
he  returned  to  this  county,  settled  at  Los  Gatos,  and  bought  what  was 
known  as  the  "  Ten-mile  House,"  from  H.  D.  McCobb,  but  conducting  the 
hotel  for  only  a  few  months,  he  disposed  of  it  to  Morgan  Covell.    Four  years 


BIOGRAPHIES — REDWOOD   TOWNSHIP.  C51 

later,  however,  Mr.  Lyndon  repurchased  this  establishment,  from  Jacob  Rich, 
the  then  owner,  anil  now  conducts  it  as  the  Los  Gatos  Hotel.  On  his  return 
from  the  Eastern  States,  the  subject  of  this  sketch,  also  opened  a  store  of 
general  merchandise,  at  Los  Gatos,  which  he  still  manages.  Mr.  Lyndon  was 
elected  Trustee,  for  the  Los  Gatos  school  district,  iu  May,  LS78. 

John  F.  Mason.  The  subject  of  this  sketch  was  born  in  Ji'frerson  county, 
New  Yoi'k,  November  20,  1S22,  wline  he  i-eceived  his  schooling,  and  at  the 
a'Te  of  eiifhteen  years,  commenced  to  k'arn  the  trade  of  cabinet-maker.  In 
1843,  he  went  to  Troy,  in  the  same  State,  and  sliortly  after  removed  to  Bos- 
ton, Massachusetts,  where  he  was  employed  till  the  Fall  of  1845,  at  which 
time  he  proceeded  to  Lowell,  Massachusetts,  and  there  worked  until  the  year 
LS.30,  when  he  started  for  California,  via  Panama,  and  arrived  in  Sin  Fian- 
cisco,  May  20th,  of  that  year.  On  arrival,  he  almost  immediately  left  tor  the 
mines  at  Foster's  Bar,  about  fifty  miles  north  of  Marysville,  but  at  the  end 
of  two  months,  he  departed  with  two  companions,  for  Wilson's  creek.  This 
goal,  however,  they  did  not  reach,  fur  perceiving  an  opening  at  a  place  called 
Strawberry  valley,  the  comrades  there  opened  a  trading  post,  wddch  Mr. 
Mason  was  interested  in  only  a  short  time.  Disposing  of  his  interest  to  his 
partners,  he  established  a  pony  express  between  Sacramento  and  tliat  place, 
thence  through  Onion  valley  to  Nelson's  creek,  and  conducted  it  until  the 
Fall,  when  he  sold  out  and  bought  a  share  in  a  restaurant  in  Marysville,  but 
finally  parted  with  that  in  a  few  months.  As  is  well  nnnembered,  the  Win- 
ter of  liS.50-51,  was  a  mild  one,  Mr.  Mason  therefore  determined  to  try  his 
luck  once  more  at  the  mines,  consequently  he  proceciled  to  Poorman's  creek, 
near  Nelson's  creek,  and  labored  there  until  the  following  Spring,  when  he 
transferred  his  location  to  Cafion  creek,  and  stopped  there  until  the  next 
Fall.  We  next  find  him  on  the  Yuba  river,  and  in  the  latter  part  of  1851, 
at  San  Francisco.  By  that  time,  Mr.  Mason  had,  to  a  certain  extent,  wearied 
of  California,  and  determined  to  turn  his  steps  towards  the  East.  He  packed 
his  blankets,  started  for  the  wharf,  but  on  his  way  encountered  an  old  friend 
who  had  worked  Avitli  him  in  by-gone  days,  at  home,  and  who  was  then  in 
business  in  San  Francisco.  He  asked  Mason  to  remain  and  take  charge  of 
his  business,  wdiile  he  visited  the  E  istern  States.  Our  suliject  consented  and 
remained  accordingly.  In  1852,  the  friend  returning,  Mr.  Mason  started  a 
painting  and  mastic  busine!;s  (the  latter  being  the  first  of  the  kind  established 
in  California),  and  conducted  it  for  three  years  in  San  Francisco,  with  a 
branch  at  Sacramento.  In  1S55,  he  sold  his  bu.sines.s,  proceeded  to  Iowa 
Hill,  and  once  more  tempted  fortune  at  the  mines,  which  proving  no  success, 
he  came  to  Santa  Clara  county,  in  1856,  rented  a  farm  and  made  money. 
In  1859,  he  purchased  one  hundred  and  sixty-two  acres,  at  Los  Gatos,  for 
which  he  paid  seven  dollars  an  acre,  it  being  then  covered  with  timber  and 


652  HISTORY    OF    SANTA    CLAEA    COUNTY,    CALIFORNIA. 

underbrush,  but  by  dint  of  perseverance  and  hard  work,  Mr.  Mason  has 
made  it  one  of  the  very  finest  ranches  in  that  section  of  the  county.  As  a 
criterion  of  what  he  has  done,  we  will  here  mention  that,  in  1871,  he  sold 
forty  acres  of  this  property,  at  fifty  dollars  per  acre;  in  18S0,  he  disposed  of 
eighty-two  acres,  at  eighty  dollars  per  acre,  while  he  retains  forty  acres  as  a 
homestead,  which,  with  its  improvements,  are  worth  five  hundred  dollars  per 
acre.  Married,  in  Lowell,  in  1847,  Elizabeth  A.  Foss,  of  Leeds,  Kennebec 
county,  Maine,  and  has  four  children  living,  viz.:  Frank  E.,  born  May  2, 
1856;  John  F.,  Jr.,  born  June  17,  1858;  Eunice  F.,  born  July  9,  18C0;  Eliz- 
abeth A.,  born  April  24<,  1865. 

John  Messersmith.     Born  in  Faj-ette   county,  Indiana,   x\pril  12,  1824, 
where  he  attended  tlie  common    schools   of  the   district,  and  woikcd  on  his 
father's  farm  until  1848*,  when  he  took  charge  of  the  premises,  and  managed 
the   property  until   1858.     He  then  moved  to    Maritn  county,  in  the  same 
State,  and,  purchasing  a  farm,  remained  on  it  until  1870,  when  he  came  to 
California,  and,  after  residing  a  month  in  Santa  Clara,  bought    his  present 
ranch  of  two  hundred  and  ninety-two  acres,  in  Redwood  township.     Married 
October  23,  1845,  Irena  Powell,  a  native  of  Fayette  county,  Indiana,  who 
was  born  June  12   1825.     The  following  are  the  dates  of  birth,  and  names, 
of  their  children:  John  G.,  born  August  17,  1846;  Esther  A.,  born  May  12, 
1848;   William   H.,  born   May  23,    1850,  died  August  17,   1850;  S  irah    E. 
born  August   10,  1852;  Mary   E.,  born   September   27,  1853;  Julia  M.,  born 
November    21,  1855;    Martha   J.,  born   Maich   24,  1859;  Harriet  K,    born 
March   17,  1862;    Mancher   W.,    born   May  5,  1864,  died  August  29,   1864; 
Iva  Elba,  born  April  15,  1885;   Ulysses  S.  G.,  born  November  1,  1868. 

Reuben  McCoy.  Born  in  Green  county  East  Tennessee,  February  4, 
1825,  where  he  resided  for  the  first  eleven  years  of  his  life;  then  his  parents 
moved  to  Jackson  county,  Missouri,  where  the  subject  of  this  sketch  was 
educated,  and  reared  upon  a  farm.  Mr.  McCoy  left  this  place  and  went  to 
Platte  county,  and  in  company  with  his  uncle  and  several  others  started  for 
California,  on  April  13,  1850,  across  the  plains,  with  ox-teams,  arriving  via 
Salt  Lake  at  New  Fort  Kearny,  May  10th;  passed  Fort  Laramie,  June  7th, 
reaching  Salt  Lake  July  7th  ;  on  the  13th  they  continued  their  journey,  and 
arrived  at  Placerville,  August  29,  1850,  where  he  commenced  mining,  there 
remaining  fourteen  months,  at  the  end  of  which  time  he  came  to  the  Santa 
Clara  valley,  settling  on  his  present  ranch  of  three  hundred  and  five  acres 
in  Redwood  township,  putting  in  a  crop,  and  paying  for  his  first  seed-wheat 
ten  cents  per  pound;  lor  barley,  eight  cents.  Married,  December  12,  1866, 
Ellen  D.  England  a  native  of  Missouri,  by  whom  he  has  John  Alfred,  Wil- 
liam Orville,  George  Sterling,  Laura  Elizabeth,  and  Arthur  Howard. 


BIOGKArHIES — KEDWOOD   TGWNSIIII'.  653 

Jonathan  Parr  (D.',reafied).  The  suliject  of  this  sketcli,  wliose  por- 
ti-ait  will  be  found  in  this  work,  was  born  in  Station Ishire,  Eiif]  m.l.  Whun 
about  twenty-six  years  of  age  he  emigrated  to  the  United  States,  and  on  his 
arrival  at  New  York,  at  once  proceeded  to  tlie  then  "far  west,"  ami  .settliMJ 
in  Lee  county,  Iowa.  In  this  beautiful  and  fertile  region  he  remained  until 
1S4G,  when  he  determined  to  go  to  Oregon  with  iiis  family,  and  perma- 
nently settle  in  that  Territory.  With  this  determination  lie  joined  a  laro-e 
caravan  bound  for  the  distant  shores  of  the  Piicific,  but,  like  many  others 
changed  his  mind  while  traversiu''  the  plains,  and  diver;red  for  California. 
A  portion  of  the  time  he,  with  his  wife  and  three  children  traveled  with  the 
unfortunate  Donner  party,  but  abandoned,  it  before  its  members  encouutered 
the  fearful  sutferinifs  which  afterwards  befel  them.  Parr  and  his  family 
reached  California  in  safety,  in  November,  1846,  and  stopped  for  a  short  time 
in  Livermore  valley.  Thence,  moved  to  the  Mission  of  Santa  Clara,  where  he 
remained  but  a  short  time  also.  He  then  went  to  the  Guadalupe,  about  a  mile 
anil  a  quarter  from  the  Mission  and  settled  on  what  is  now  the  magnificent  and 
valuable  place  called  "Laurel  Wood  Farm."  Here  he  engaged  in  stock-rais- 
ing, in  which  vocation  he  was  successful.  In  three  or  four  years,  however, 
he  found  the  range  for  his  stock  becoming  very  much  circumscribed  in  con- 
sequence of  farmers  occupying  the  land  for  agricultural  purpo.ses.  Parr^ 
therefore  sold  his  place,  and  removed  to  a  spot  about  four  miles  east  of  the 
Xevv  Almaden  mines,  and  there  continued  to  raise  stock.  Farmers  were  not 
long  in  settling  in  that  portion  of  Santa  Clara  county  also;  and  in  1856 
Parr  sold  out  and  purchassd  three  thousand  acres  of  lani  from  Sebastian 
and  Jose'  Hernandez  Peralta,  a  very  valuable  tract  lying  on  either  side  of 
the  Los  Gatos,  six  miles  south  of  Santa  Clara,  and  about  seven  miles  south 
of  San  Jose.  In  this  delightful  portion  of  Santa  Clara  county  Jonathan 
Parr  (chiefly  engaged  in  raising  stock)  resided  until  his  death  which  occurred 
September  11,  18G7.  He  sleeps  beside  his  wife,  who  harl  preceded  him, 
about  thirteen  months,  to  her  last  resting  place,  in  the  beautiful,  quiet  cem- 
etery of  Santa  Clara.  Three  sons  and  three  daughters  survive  their  parents, 
and  yet  live  on  the  rancho.  Two-thirds  of  the  three  thousand  acres  are  now 
in  a  high  state  of  cultivation.  Th(3  I'ancho  is  finely  timbere<],  principally 
with  majestic  oaks,  and  is  also  well  watered.  Parr,  "  the  fine  old  English 
gentleman,  one  of  the  olden  time,"  had  invested  considerable  amounts  of 
money  in  real  estate,  in  Santa  Clara,  San  Francisco,  and  probably  elsewhere. 
He  was  a  man  highly  esteemed  during  life  for  his  genial  disposition,  and  his 
death  was  much  regretted.     His  wife  died  August  6,  1866. 

Charles  H.  Parr  (Deceased).  Was  born  in  Lee  county,  Iowa,  October 
2,  1843.  In  1846  his  parents  starteil  by  way  of  the  plains,  with  ox-teams 
to  California,  the  first  stoppage  in  this  State  being   made   in   the   Livermoie 


654  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

valley,  Alameda  county,  remaining  there  but  a  short  time;  they  afterwards 
located  on  the  Laurel  Wood  Farm,  near  Santa  Clara,  where  residing  until 
1853,  they  removed  into  Almaden  township.  In  185G  his  father,  Jonathan 
Parr,  purchased  a  farm  on  Los  Gatos  creek,  in  Redwood  township,  who,  dyinor 
September  11,  1867,  his  estate  was  divided,  thesulject  of  this  sketch  receiving 
as  his  share  four  hundred  and  forty-one  acres  of  the  property,  upon  which 
his  widow  now  resides.  Mr.  Parr,  who  died  January  13,  1S77,  married 
April  27,  1865,  Mary  A.  Kenny,  a  native  of  Arkansas,  who  was  born  June 
7,  1847,  by  whom  there  are  two  childi-en,  viz.:  Charles  Edward,  born  De- 
cember 17,  1866;  Maud  Emily,  born  January  18,  1870. 

Edward  N.  Parr.  Born  on  the  Laurel  Wood  Farm,  near  Santa  Clara, 
March  27,  1852.  When  but  two  years  old  he  accompanied  his  parents  to 
Almaden  township,  residing  there  until  1856,  when  they  moved  into  Redwood 
township  upon  a  ranch  they  had  purchased  about  thiee  miles  from  Los  Gatos, 
upon  the  creek  of  that  name.  His  father  dying  September  11,  1867.  the 
pi'operty  was  divided,  the  subject  of  this  sketch  receiving  the  portiim  on 
which  he  now  resides,  amounting  to  four  hundred  and  forty -four  acres. 
Married,  September  11,  1872,  Virginia  Johnson,  who  was  born  in  San  Josd, 
January  9,  1853,  and  have  a  family  of  three  children,  viz.:  E.lward  Lester, 
born  August  25,  1873;  Edna  Lulu,  born  December  25,  1877;  Charles  Earl, 
born  December  5,  187D. 

John  J.  Roberts.  Born  October  6,  1824,  on  Leuter  Island  (afterwards 
a  portion  of  Leuter  county,  Missouri).  When  quite  young  his  parents 
moved  to  Illinois,  where  he  was  reared  and  educate* I.  At  the  ao-e  of  seven- 
teen  he  left  home  and  engaged  in  trading  on  the  Mississippi  river  for  five 
years.  In  the  year  1846,  on  the  outbreak  of  the  Mexican  war,  he  volun- 
teered in  the  First  Illinois  Regiment,  Company  A,  and  was  assigned  to  the 
Center  Division  of  General  W^ool's  corps,  John  J.  Warden,  Colonel,  and 
James  D.  Morgan,  Captain.  In  1847  he  received  his  honorable  discharge 
with  a  record  of  his  regiment  of  which  he  had  reason  to  be  proud.  On  return- 
ing home  he  engaged  in  mercantile  business,  until  the  discovery  of  gold  in 
California.  In  1849  he  crossed  the  plains  to  California,  arriving  at  Mont- 
gomery Bar,  Feather  river,  Butte  county,  September  13th,  of  that  year,  where 
he  remained  one  year.  In  1850,  in  company  with  J.  S.  Tu'-ner,  he  built  the 
first  house  erected  in  American  valley,  Plumas  county.  In  1852  he  returned 
to  his  former  camping  ground  on  the  Feather  river,  and  in  the  Fall  of  the 
year  he  came  to  Santa  Clara  county,  and  was  married,  December  22,  1852, 
to  Martha,  daughter  of  Judge  Hugh  R.  Colter  of  Wisconsin.  In  1853  he 
went  to  Half  Moon  Bay,  then  in  San  Francisco  county,  but  at  present  in  San 
Mateo,  where  he  resided  four  years  and  then  moved  to  the  mouth  of  San  Fran- 


BIOGRAPHIES — REDWOOD    TOWNSHIP.  Go5 

cisqiiito crock,  San  Mateo  county,  wlure  he  (nfjat^^ed  in  fainiing  eight  years. 
He  thi  n  iLtunied  to  Santa  Claia  county,  and  settlftl  on  his  present  fai-ui  of 
one  hundred  and  fourteen  acres,  situated  al  cut  a  mih-  m  ith  of  Los  (Jatos. 
The  following  are  the  names  and  (!attsol  liith  ol  his  ( liildn  n  :  hi/.zie  A., 
born  May  1,  1854,  died  November  II.  1.S7*S;  Mina  C,  born  (October  30, 
1855,  died  November  30,  18CG;  Ella  M.,  lorn  OctcUr  10,  1858,  di(d  April 
19,1878;  Salva  A.,  born  November  15,  18C0;  Douglas  J.,  born  July  10, 
18G3;  Lou.,  born  November  25,  1805;  lh\<J\  l\.,  loin  Oetcber  II,  18(;8; 
Mattie  H.,  lorn  September  10,  1871;  Cail  J.,  loin  May  20,  1874;  Sumner 
v.,  born  May  2,  1877. 

William  H.  Rogers.  Uom  in  AVajne  ccunt^-.  New  York,  January 
11,  1830,  where  he  received  his  early  education.  In  1844  he  accompanied 
his  parents  to  Detroit,  Michigan,  r.nd  after  attending  school  at  Ann  Aibor 
for  a  short  time,  he  wiiit  to  work  in  the  Detroit  City  Flour  Mill,  and 
there  continued  until  IVlaich,  1852.  In  the  Fall  of  1840  he  obtained  the 
first  premium  for  flour  at  the  Michigan  State  Fair,  against  thirty-six  coni- 
petit(jrs.  In  March,  1852,  he  started  acioi-s  the  plains  for  California;  located 
at  Placerville,  El  Dorado  county,  in  June,  1853;  worked  in  the  mines  until 
the  Summer  of  1855,  and,  in  that  year,  in  company  with  some  otliers,  built 
the  Mountain  Flour  Mills  on  Weler  cieik,  two  miles  from  I'lacerville — 
one  of  the  earliest  flour  mills  in  tie  State  —  rrd  ccrducttd  it  until  18G0 
when  he  disposed  of  his  interest.  In  18C1  Mr.  Eo<.ers  was  appointed  Post- 
master at  Placerville,  which  }o>iti(n  he  )(si<.r.cd  in  September,  1863,  on 
being  elected  Sheriff  of  El  Doiado  county,  and  held  tlds  ofhce  for  three 
years.  He  then  moved  to  Los  Gatos,  Santa  Clara  county,  where,  entering 
into  paitnership  with  some  others,  he  purchaf-ed  the  Foibes  Mill,  and  estab- 
lished what  is  known  as  the  Los  Gatos  Manufacturing  Compan}^  of  which 
he  is  still  a  prominent  member.  In  February,  1800.  Mi'.  Rogers  was  elected 
Supervisor  of  the  Sixth  District,  and  served  until  March,  1880.  Marri<id, 
March  21,  1850,  Loui.sa  A.  Greeley,  by  whom  he  has  had  four  children. 
Those  living  are:  Mary  L.,born  March  29,  1851;  William  E.,  born  Novem- 
ber 30,  1855;  and  Oscar  G.,  born  January  11,  18G7. 

Robert  "Walker,  "Whose  portrait  appears  in  this  work,  was  born  in 
Canada  West,  September  15,  1841,  and  there  resided  for  the  tiist  twenty 
years  of  his  life.  In  the  year  18G2  he  immii;rated  to  California;  tarried 
two  months  in  San  Francisco,  and  then  piocecded  to  Britis-h  Columbia, 
where  he  mined  until  18G5.  In  that  year  he  came  to  Santa  Clara  county^ 
settled  in  Redwood  township  for  two  years;  then  moved  to  Monterey 
county,  and  farmed  near  Salinas  until  1871,  when  he  returned  to  Redwood 
township,    Santa  Clara   county,  and  settled    on  his  farm  of  four  hundred 


(io6  HISTORY    OF    SANTA    CLAIIA    COUNTY,    CALIFORNIA. 

and  fifteen  acres,  all  under  fii"st-class  improvement.  Married,  November 
10,  1870,  E.  J.  Parr,  and  has  three  children,  viz.:  Leslie,  born  May  13,  1873  ; 
Myrtle,  born  May  12,    1875;  Vivian,   born  September  7,  1878. 

Harvey  Wilcox.  Born  in  Onondaga  county,  New  York,  March  30, 
1822,  and  is  the  third  son  of  Loraai  and  Bannah  Wilcox.  When  he  was 
fourteen  years  of  age  he  lost  his  father,  and,  three  years  later,  leaving  home 
to  commence  life's  battle,  he  proceeded  to  Joliet,  Illinois,  and  there  learned 
the  trade  of  jeweler.  In  1844  Mr.  Wilcox  was  in  Southern  Iowa,  near  Des 
Moines  river,  engaged  in  the  manufacture  of  steel  ploughs — among  the  first 
to  be  made  in  that  district — which  were  bartered  for  produce  and  trans- 
mitted to  New  Orleans  in  flat-bottomed  boats.  A  large  percentage  of  this 
commodity  was  sold  to  the  United  States  Government  during  the  Mexican 
war.  Closing  out  his  business  in  Iowa  he  returned  to  Joliet,  and  worked  at 
his  trade  for  some  years.  In  1849  he  traveled  by  way  of  the  Isthmus  of 
Panama  to  California,  arriving  at  San  Francisco  in  February,  1850.  Proceed- 
ing at  once  to  the  mines  on  the  North  Yuba,  near  Downieville,  Sierra 
county,  he  labored  in  the  mines  for  a  year  with  moderate  success.  He 
returned  to  Illinois.  The  year  1856  found  Mr.  Wilcox  once  more  in  Cali- 
fornia and  at  his  old  campinfj-cjround  at  the  mines.  At  the  end  of  seven- 
teen  months  he  removed  to  Solano  county,  and  engaged  in  the  sheep  business 
for  two  years,  abandoning  which  he  embarked  in  mercantile  pursuits  in 
Silveyville  and  Maine  Prairie,  and  was  one  of  the  party  to  assist  in  the 
founding  of  the  flourishing  town  of  Dixon  in  that  courty,  where  he  also 
engaged  in  merchandisins:  until  1869,  when   he  turned   his  exclusive  atten- 

CD        '^  O  ' 

tion  to  sheep-raising.  In  the  year  1875  he  came  to  Santa  Clara  county 
and  made  his  abode  on  the  Alameda,  and  there  remained  until  he  took 
up  a  residence  on  the  hill-side,  just  south  of  the  village  of^Los*Gatos,  a  posi- 
tion commanding  an  extensive  view  of  the  valley.  Married,  in  October, 
1844,  Harriet  S.  Demmard,a  native  of  Worcester  county  Massachusetts,  and 
has  two  sons  :  Charles  F.,  born  July  6,  1852  ;  Harry  E.,  born  June  12, 1861. 


^^^>t<^^ 


BIOGRAPHIES — SANTA    CLARA    TOWNSHIP.  057 


SANTA  CLARA  TOWNSHIP. 


James  M.  Billing's.     Was  bom   in   Penobscot  county,  Maine,  May  27, 
IS^-i,  wlieio  liu  was  edurated  and  resided,  until  lie  started,  by  way  ol:   Cape 
Horn,   in    tlie    sliij)    GuUlhanter,  for    California.      .September    G,   1849,   he 
arrived  in  San   Francisco,  but  after  a  short  stay  left  for   the  mines  on  Tuol- 
umne I'iver,  in  the  county  of  that  name.     While  here,  the  company  with 
which  Mr.  Billinfrs  was,  sent  to  Stockton  and  purchased  a  diving-bell,  but, 
after   trying  it  in  both  the  San  Joaquin  and  Tuohimne  rivers,  it  proved  a 
failure;  they  next  diverted  the  stream,  last  named,  by  means  of  a  dam,  but 
by    its    breaking    the   Watergate    they   lo-.t   all.     Billings  then    commenced 
making   lumber  with  wdiip-.'-aws  for  a  mining  company,  but  this  brtaking 
up,  he  was  once  more  on  his  beam-ends;  but  to  be  idle  was  to  lose  the  oppor- 
tunity, he  therefore  started  an  express  from  and  to  various  points  in  Mariposa 
and  Tuolumne  counties,  which  he  continued  for  two  years;  then  ran  a  stage 
durinof  one    Summer,   fiom  Stockton  to  Coulterville;  he  next  embai-ked  in 
ranching  and  keeping  a  public  hou'se  in  San  Joaquin  county,  on  the  road  to 
the  mines;  and  finally  came  to  Santa  Clara  county  and  township,  in  Decem- 
ber, 1854,  and  commenced  farming  some  five  miles  from  the  town.     At  the 
end  of  about  seven  years,  he  moved  into  Santa  Clara,  and  for  a  few  years 
followed    a   horticultural    business.       Mr.    Billincjs    was    a    Justice   of    the 
Peace  for  Santa  Clara  township,  having  been  elected  in  18G3,  and  served  in 
that  capacity  for  six  years,  being  also  a  Notary  Public,  when  he  was  instru- 
mental   in  procuring    title,  fiora   the    United    States    Government,    to  the 
present  town  site   of   Santa  Clara.      In    1871,  was  appointed  Postmaster,  a 
position  he  still  holds,  and  in  1872,  purchased,  of  James  G.  Barney,  the  vari- 
ety store,  in  the  Post-ofRce  Building,  which   he  disjiosed  of  four  years  alter. 
He  connected  himself  with  the  Order  of  Odd  Fellows,  in  June,  1845,  and  has 
been  a  contributing  member  from   that  date,  with   the  exception  of  about 
three  years.     He  was  one  of  the  few  to  whose  ettbrts  ai'e  due  the  erection 
of  the  Odd  Fellows'   Building — one  of  the   best  in  the  town.     In  all  public 
enterprises  he  has  been  a  peer  to  the   best.     Married,  June  20,  1850,  A.  A. 
Billings,  by  whom  he  has  four  children,  viz.:  Grace  E.,  born  June  2G,  18G3; 
Florence  L.,  born   January  15,  18G8;  Mattie   B.,  born   December    14,  1870; 
William  E.,  born  May  1,  1872. 

John  R.  Billings.     Uorn  in  Washington  county,  Maine,  March  IG,  1836, 

where  he  resided   until   he  came  to  California,  in   November,  1853.     After 
42 


658  HISTORY    OF   SANTA   CLARA    COUNTY,    CALIFORNIA. 

woiking  at  blacksmi thing  for  three  weeks,  on  first  arrival  in  San  Fran- 
cisco, he  moved  to  Columbia,  Tuolumne  county,  and  commenced  mining,  and 
there  resided  until  1<S60,  being  interested,  during  that  time,  in  a  saw  and 
quartz  mill.  In  the  Fall  of  that  year,  he  came  to  Santa  Clara  county,  and 
bought  the  place  on  which  he  now  resides,  from  his  brother-in-law,  James 
M.  Billings.  Married,  at  Santa  Clara,  September  28,  18G4,  Aimee  L.Tomp- 
kins, and  has  two  children:  Aimee  L.,  born  July  21,  1865;  William,  born 
July  7,  1867. 

Rev.  John  E.  Braly  (Deceased).  This  reverend  gentleman  was  born 
in  Rowan  county.  North  Carolina,  January  27,  1805.  When  an  infant,  he 
accompanied  his  parents  to  Tennessee,  and  theie  resided  until  the  year  1815, 
when  they  moved  to  Missouri,  living  in  Cape  Girardeau  county  for  a  space; 
they  then  transferred  their  domicile  to  Crawford  county,  in  the  same  State; 
there  dwelt  until  1847,  when  the  subject  of  our  sketch  started  for  Oregon,  by 
way  of  the  plains.  Here  Mr.  Bialy  rented  land  and  engaged  in  farming, 
until  1849,  when  he  removed  to  California,  settling  in  Fremont,  Yolo  county, 
being  then  employed  in  conducting  a  public  house.  In  the  year  1850,  he 
came  to  Santa  Clara  county,  settled  in  the  township  of  that  name,  on  alarm 
of  one  hundred  and  sixty  acies,  near  Lawrence's  Station,  on  the  line  of  the 
Southern  Pacific  Railroad,  where  he  died.  The  Reverend  Mr.  Braly  com- 
menced vreaching  when  he  was  about  twenty-one  years  of  age,  and  so  con- 
tinued his  spiritual  teachings  until  his  death.  In  denomination  he  was  of  the 
Cumberland  Presbyterian  Church,  being,  it  is  thought,  the  fiist  of  that  sect 
in  the  State.  He  died  respected  by  a  large  circle  of  friends.  He  married, 
in  Crawfoid  county,  Missouri,  Septtmber  21,  1830,  Susan  Hyde,  still  a  resi- 
dent of  this  county,  by  whom  there  were  seven  children,  viz.:  Saiah  A.,  Mrs. 
Dr.  Ben  Cory,  born  August  3,  1831 ;  J.  C,  now  in  Oregon,  born  February  9, 
1833;  John  H.,  a  Professor  in  the  State  Normal  School,  born  January  24, 
1835;  Margaret  E.,  born  May  24,  1837;  Frank  C,  born  May  13,  1839,  died 
September  2,  1862;  Susan  J.,  born  March  1,  1844;  E.  A.,  the  present  man- 
ager of  the  homestead,  bom  November  11,  1846,  who  married,  at  San  Jose, 
December  4,  1877,  Millie  Blythe,  and  has  one  child:  Edith,  born  July  28, 
1879. 

E.  H.  Davies.  Was  boin  in  Sidney,  Kennebec  county,  Maine,  June  6, 
1825.  He  worked  on  the  farm  on  which  he  was  born  uncil  he  was  nine- 
teen years  of  age.  He  then  struck  out  to  shift  for  himself.  First  going  to 
Boston  and  hiring  out  with  Messrs.  Fuller  &  Son,  bell-hangers,  No.  17  Devon- 
shire street.  This  gave  Mr.  Davies  a  great  opportunity  of  seeing  all  parts  of 
the  city,  and  also  seeing  the  inteiior  of  the  finest  dwellings  and  hotels.  In 
1845  he  returned  to   Maine,   and  went    into  manufacturing  fancy  sleighs 


BIOORAPHIES — SANTA   CLARA   TOWNSHIP.  G59 

and  bunrfries.  At  tliis  lie  worked  until  LS.'O,  when  he  went  to  Kenosha, 
Wisconsin,  ami  worked  in  liis  bro;her's  niacliine  shop  for  one  year.  The  year 
18")1  found  liini  in  Chicago  at  work  in  the  exten.sive  machine  shop  of  Messrs. 
H.  H.  Scovcll  &  Sons,  situated  on  (^anal  street.  Jn  1852  he  returned  to 
Maine,  and  went  into  his  old  liU'^iness,  that  of  carriafje-niakinjj.  In  1853 
he  took  passnge  on  hoanl  the  ship  Ph/vroufh  Rock,  of  Boston,  bound  for 
Melbourne,  Australia.  After  ajrivini,'-  in  Australia  he  went  forthwith  to  the 
gold  digging?,  fiist  locating  at  the  Mclvor,  next  at  the  Bendigo,  and  lastly 
at  the  famous  Ballarat  diggings.  After  aliout  one  year's  tarry  in  Australia, 
tlie  startlincf  news  that  fahidous  irold  diLTirinirs  had  been  discovered  in  South 
Ameiica,  on  the  Amazon  river,  was  received;  he  at  once  shipped  on  board 
the  ship  Sill  Susa,  houm]  for  Callao,  South  America.  On  arriving  at  CalJao 
he  ft-und  he  was  "sold,"  so  he  took  up  his  quarters  in  Lima  for  a  few  weeks, 
and  then  shipped  on  l)oard  the  stramer  Savfiago,  bound  for  Panama;  here 
he  got  employment  making  specie  boxes.  After  a  short  stay  in  Panama  he 
shi])ped  on  board  the  steamer  John  L.  Slephenfi,  bound  for  San  Francisco, 
California,  arriving  there  in  1854.  He  went  dii-eetly  to  the  mines  in  Tiu>l- 
umne  county,  but  shortly  returned  to  San  Francisco;  and  in  the  Fall  of  that 
year  he  lan  the  first  threshing-machine  ever  built  in  California.  In  1855  he 
located  in  Santa  Clara,  managing  a  small  shop  for  L.  A.  GouM,  the  arteslan- 
well  borer,  for  one  year.  In  1S56  he  staited  the  Santa  Clara  ^Machine 
Shop,  situated  on  Main  street,  which  he  conducted  for  fourteen  years,  by 
hand,  wind  and  sfeam.  In  1807  he  closed  up  the  Santa  Clai-a  Macliine 
Shop,  mairied  a  Mrs.  Barney,  after  which  he  went  to  Massachusetts  and 
puichased  one-  of  the  most  complete  outfits  for  a  first-class  machine  shop 
that  has  ever  been  shipped  to  this  coast.  In  18G8  he  built  the  present 
Davies'  Machine  Shop,  which  is  forty  by  sixty-six  feet,  three  stories  high, 
and  located  on  the  corner  of  Jackson  and  Lib3rty  streets.  This  shop  has 
never  been  closed,  except  three  months,  while  Mr.  Davies  visited  the  Cen- 
tennial. Mr.  Davies  has  been  somewhat  of  a  traveU'r;  he  has  been  over 
the  Isthmus  twice,  across  the  continent  four  times,  and  has  traveled  the 
entire  circumference  of  the  earth  once. 

Col.  Peter  J.  Davis  {Deceased).  Was  born  in  North  Carolina,  in  the 
year  17U8.  When  twenty- thi-ee  years  of  age  he  immigrated  into  Tennessee, 
and  was  appointed  Colonel  of  a  regiment  of  volunteers,  called  out  for  service 
in  the  expulsion  of  the  Cherokee  Indians  from  that  State  to  Retl  river, 
Arkansas.  In  1842  he  moved  to  Carl  county,  Missouri,  where  he  engaged 
in  farming.  During  the  Mexican  campaign  he  served  as  a  volunteer  under 
Colonel  Price,  and  at  its  close  returning  to  Missouri,  started  across  the  plains 
to  California,  April  17,  1848,  he  being  one  of  the  explorers  of  the  route 
known  as  Lassen's  Cut-off.     His  comrades  on  the  occasion  were  Andy  Ken- 


660  IIISTOEY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

nedy,  David  and  John  Pkmmonds,  a  family  named  Martin,  and  another 
called  Blown,  all  of  whom  endured  many  hard.ships  and  severe  trials  from 
want  of  food,  etc.,  adding  another  to  the  long  list  of  misadventures  with 
which  tlie  path  to  the  Pacific  coast  was  strewed.  Tlie  party  arrived  at 
Feather  river  in  October,  1848,  and  our  siilject  embaiked  in  mining  opera- 
tions, being  at  the  same  time  associated  with  Mr.  Winters  in  the  Coloma 
saw-mills,  in  the  tail-race  of  whicli  gokl  was  first  discovered.  The  Colonel 
remained  on  the  Feather  liver  until  June,  1850,  when  he  came  to  Santa 
Clara  county  and  engaged  in  stock-raising  and  farming.  In  the  year  1856 
he  located  a  stock  lanch  near  Benson's  Ferry,  San  Joaquin  county,  and 
there  resided  until  his  removal  to  Humboldt  county,  where  he  died,  in 
1878.  He  married,  i\ugu>.t,  1817,  Phcebe  F.  Hunter,  by  whom  he  had 
twelve  children,  three  of  whom  survive  their  parents.  Mrs.  Davis  died 
in  Juh%  1849,  on  the  Feather  river.  The  Colunel  married,  secondly,  Mrs. 
Elvira  Huntley. 

Schuyler  B.  Davis.  Was  born  in  North  Carolina,  December  24,  1824, 
where  he  received  his  education  and  was  reared  a  farmer.  In  1836  he  com- 
menced a  three  years'  course  at  the  Estabrook  College,  which  completed,  he 
engaged  in  teaming  between  Knoxville  and  Augusta,  Georgia;  at  the  end  of 
two  years  and  a  half  he  took  charge  of  a  toll-road  for  his  father,  and  in  1842 
emigrated  to  Missouri  and  embarked  in  farming.  In  18, 5,  he  sold  a  num- 
ber of  beef  cattle  to  Samuels  &  Haynes,  Liverpool  packers,  and  in  1846 
entered  in  a  like  business  for  the  government  of  the  United  States,  to  be 
u.sed  in  the  Mexican  campaign,  and  which  at  the  instigation  of  Colonel  Price 
he  superintended  the  driving  of  to  Santa  Fe,  whence  he  returned  home.  How- 
ever, in  1850,  he  once  more  crossed  the  plains  to  California,  and  came  direct 
to  Santa  Clara  where  he  arrived  September  8th  of  that  year.  In  1851  he 
returned  to  the  Eastern  States,  having  sailed  for  Panama  from  San  Fran- 
cisco September  2d,  but  was  shipwrecked  oft'  Cape  St.  Lucas,  whence  they 
were  towed  into  Acapulco,  and  thence  to  the  city  of  Mexico  by  mule-train, 
then  by  stage  to  Vera  Cruz  and  afterwards  shipped  to  New  Orleans,  arriving 
at  home  November  6th.  Early  in  1852  he  commenced  his  journey  back  to 
California,  accompanied  by  his  wife  and  child ;  they  arrived  at  Placerville 
July  17th,  and  continued  their  way  to  Santa  Clara.  In  August,  1856,  he 
took  possession  of  the  farm  on  which  he  now  resides.  Married,  September 
2,  1846,  Lucinda  F,,  daughter  of  Colonel  John  Beaty,  of  Chariton  county, 
Missouri,  and  has:  Sarah  E.,  now  Mrs.  Baker;  Emma  H.,  and  Charles  C. 

John  H.  Dibble.  Whose  portrait  appears  in  this  book,  was  born  in 
Pittsburgh,  Pennsylvania,  April  21,  1819.  When  two  years  old  he  removed 
with  his  parents  to  New  Lisbon,  Ohio,  having  learned   the  tinsmith  trade 


BIOGRAPHIKS — SANTA  CLARA    TOWXSIIIl".  GGl 

in  PittsbuT-fjh  with  K.  M.  Dawson.  After  travel  in''  tlivouMi  sevei-al  States 
he  settlc«l  in  New  York  City  where  he  followed  his  business  for  eleven  years. 
August  5,  1854,  he  embarked  fir  California  on  the  steamer  Geonje  L(uv, 
anil  was  on  the  Isthnnis  ot"  Panama  lour  cia}^;  took  passai,'e  on  the  steamer 
Sonora,  Captain  R.  Whiliu;.^',  ami  arrived  in  San  Francisco  August  .Slst. 
Remained  in  San  Francisco  in  the  employment  (jf  (}.  \:  \V.  Snook  until 
April,  1857,  when  he  came  to  Santa  Clara  where  he  establishe<l  his  present 
stove,  tin  and  work  sliop.  Mr.  Dibble  lias  been  a  member  of  the  Town 
Board  of  Trustees  of  S.uita  Clara  seven  years,  and  five  years  on  the  Board 
of  Eihication.  He  has  been  a  meuil)er  of  Santa  Clara  Lodge,  No  52,  I.  O, 
O.  F.,  twenty-four  years,  ami  Treasurer  of  the  same  fifteen  years;  is  a  Char- 
ter Member  of  Santa  Clara  Kncamp'nent,  No.  32,  I.  O.  O.  F.,  established 
January,  1868.  Married,  in  Santa  Clara,  May  7,  18G(),  Lucy  Parker,  who 
was  born  in  Chilhcothe,  Oliio,  March  4,  IS  +  l,  by  whom  he  has  four  living 
children,  viz.:  Giorge  L-a,  born  February  10,  LSiJl;  Frank  M.,  born  Sep- 
tember 27,  1862;  Julia,  horn  May  21,  1866;  Charley  W.,  born  November 
25,  1872. 

R.  B.  Donavan.  Born  in  Georgetown,  Sussex  county,  Delaware,  Sat- 
urday, March  8,  1823.  When  twelve  years  old  he  accompanied  his  parents 
to  Cass  county,  Indiana,  there  engaging  in  farming  and  lumbering  until 
he  started  for  California,  February  23,  1853.  .  Traveling  by  way  of  the 
Isthmus  of  Panama,  he  arrived  in  Sin  Francisco  on  the  3d  April,  and  soon 
after  proceeded  to  the  mines,  near  Placerville,  El  Dorado  county.  In  July 
of  that  year  he  left  the  pursuit  of  gold  and  came  to  Mission  San  Jose,  now 
Alameda  county,  where  he  eng,aged  in  the  live-stock  and  butcher  busines.s 
for  ten  years.  In  1863  he  transferred  his  habitation  to  the  town  of  Santa 
Clara  and  established  a  mining-stock  business.  In  1867  he  opene<l  his 
present  market  in  Santa  Clara,  in  a  handsome  building,  fifty  by  eighty  feet, 
besides  which  he  possesses  considerable  real  estate  in  the  town,  as  well  as  a 
one  hundred  and  thirty-acre  farm,  about  two  miles  fiom  it.  Married,  at 
Georgetown,  Indiana,  September  16,  1844,  Julia  Mayers,  and  has:  Napoleon, 
Clara  E.,  Zulemi,  F.  C,  Owen,  Dullie,  Cornelia,  Nettie. 

Captain  Frank  Dunn.  Was  born  in  the  State  of  Maine,  July  27, 
1833.  He  commenced  a  seafaring  life  quite  young,  his  parents  in  the  mean- 
time taking  up  their  residence  in  Gloucester,  Massachusetts,  where  he  resided 
at  intervals  until  186 1.  From  the  smallest  beginnings  he  has  risen  to  positions 
of  responsibility,  attaining  command  of  a  sailing  ves.sel  at  twenty-four  years 
of  a«'e,  and  since  beincj  master  of  different  ships  and  steamers.  For  several 
years  he  was  in  the  employ  of  the  Japanese  Government,  and  commande<l 
for  four  or  five  years  the  Mitsu  Bishi  steamship  Tokio  Mam,  formerly  the  Xeir 


G62  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

York,  beloni^in^  to  the  Pacific  Mail  Steamship  Company.  In  1878  he  came  to 
Santa  Clara  county,  purchased  ninety  acres  of  land,  near  Lawrence's  Sbation 
erected  a  handsome  residence  thereon  {Okixho  F//irr,), which  is  replete  with  many 
valuable  curiosities  of  Oriental  art,  while  the  building,  which  is  English  in 
design,  is  surrounded  with  grounds  of  the  utmost  taste  and  beauty.  Captain 
Dunn,  at  the  present  writing,  is  in  China,  attending  to  business  affairs,  his 
wife  being  the  occupant  of  their  lovely  home.  Mairied,  in  Gloucester,  Massa- 
chusetts, June  19,  1801,  Helen  M.,  daughter  of  William  Fears,  of  a  promi- 
nent and  well-known  family  of  that  State. 

Jacob  Eberhard.  Born  in  Germany,  May  5,  1837.  In  the  year  1852 
he  left  his  native  country  and  came  to  the  United  States,  proceeding  to 
Galena,  Illinois,  where  he  prosecuted  his  calling  of  harnessmaker.  After 
visiting  St.  Louis,  Missom-i,  and  other  cities,  he  started  via  Panama  for 
California.  In  the  year  18-58  he  landed  at  San  Francisco;  cfoino-  at  once  to 
Sacramento,  where  he  engaged  at  his  trade  until  1865,  when  he  came  to 
Santa  Clara  and  pui'chased  an  interest  in  the  tannery  in  that  town.  Eighteen 
months  later  he  bought  the  remaining  shares  of  his  partners,  and  is  at  pres- 
ent the  sole  pi'oprietor  of  the  establishment.  Married,  at  Santa  Clara, 
November  1,  18G4,  Mary  Glein,  a  native  of  Germany,  by  whom  he  has  nine 
children,  viz.:  Luisa,  born  November  9,  1867;  Mary,  born  March  3,  1809; 
John  J.,  born  February  0,  1871;  Clara,  born  August  18,  1873;  Emelia,  born 
April  7,  1875;  Matilda,  born  January  3,  1877;  Hilda,  born  January  27, 
1878;  Henry  P.,  born  May  20,  1879;  Ottelia,  born  May  24,  1880. 

F.  E.  Farmer.  Bom  in  Bel  Air,  Harford  county,  Maryland,  where  he 
resided  until  he  was  about  nine  years  of  auje  when  he  made  a  vova^e  to 
Brazil,  in  his  uncle's  ship,  and  there  received  his  education.  He  cauie  to 
Calitbrnia  via  the  Stra'.ts  of  Magellan,  in  the  steamer  Tennessee  in  the  year 
1850,  and  remained  in  the  employ  of  the  Pacific  Mail  Steamship  Company 
about  four  years;  was  on  board  the  steamer  >S'.  S.  Leivis,  beinij  one  of  her 
coujplement  when  she  was  wrecked  on  the  northern  coast  of  California.  On 
this  occurrence  he  returned  to  San  Francisco  and  worked  for  some  two  years 
in  the  Vulcan  Foundry,  when  he  removed  to  Santa  Clara,  where  he  has  been 
farming  for  nearly  twenty-four  years.  He  disposed  of  his  ranch  in  1880. 
Mr.  Farmer  was  a  Deputy  County  A'^sessor  from  1870  to  1879,  and  at  the 
regular  charter  election  of  the  town  of  Santa  Clara,  held  April  4,  1881, 
was  elected  to  the  office  of  Town  Marshal.  Married,  at  Watsonville,  Mon- 
terey county,  Apiil  10,  1858,  Mary  A.  Ryan,  and  has  five  children,  viz.: 
Frank,  born  July  10,  1859;  Henry,  born  July  14,  1801;  James,  born  Jan- 
uary 10,  1805;  Frederick  Edwin,  born  March  4,  1872;  Edith  Catherine, 
born  February  22,  1875. 


BIOGRAPHIES — SANTA    CLARA    TOWNSHIP.  GCS 

Otto  Finger.  Burn  in  Gerinany,  where  he  learned  the  trade  of  land- 
scape gardener.  In  the  year  liS(]8,  Mr.  Finger  came  to  the  United  States 
and  direct  to  San  Francisco,  where  he  followed  his  business  for  some  time. 
He  then  proceeded  to  Portland,  Oregon,  and  ahoiit  five  years  ago  estahlished 
himself  in  Santa  Clara,  where  in  aldition  to  liis  legitimate  occupation  he 
conducts  the  resort  known  as  Finger's  Pai  k.  This  gentleman  is  regarded  as 
unexcelled  in  his  particular  line,  and  has  laiii  out  many  fine  |)arks  in  this, 
and  his  native  land.  Married,  at  San  Francisco,  May,  1874',  M.  Sin^starken, 
by  whom  he  has  one  child:  Ottilia,  born  at  Santa  Clara,  March  21,  187G. 

Hon.  Frederich  Christian  Franck.  The  subject  of  the  present  sketch 
was  born  at  Wiishbacherhof,  in  the  Kingdom  of  Bavaria,  Germany.  December 
23,  1S28.  He  left  his  native  country  in  the  year  1840  and  emigrated  to 
the  United  States,  settling  in  New  York  City,  where  he  worked  at  his  trade 
of  saddler  and  harnessmaker  for  ab  )ut  eighteen  months.  At  the  end  of 
that  time  he  removed  to  Cleveland,  Ohio, and  thence  to  Louisville,  Kentucky. 
Remaining  there  but  a  short  time,  he  found  his  way  to  St.  Louis,  Missouri, 
from  which  point  he  procee<led  down  the  Mississippi  river  to  New  Oi-leans  ; 
from  there  to  Texas,  and  afterwards  to  Natchez,  Mississippi,  where  he  con- 
tinued at  his  trade  for  three  years.  Leaving  Natchez,  he  started  for  Cali- 
fornia by  way  of  New  Orleans,  Havana  and  Chagres;  crossing  the  Isthmus 
of  Panama  on  foot,  he  resumed  his  journey  on  board  the  steamer  Golden 
Gate,  and  ultimately  landed  at  San  Francisco  in  the  month  of  February, 
1852.  Two  weeks  after  his  arrival  in  California  Mr.  Fianck  proceeded  to 
the  mines  at  Long  Bar  on  the  Yuba  river,  but  not  meeting  with  success  in 
this  venture  he  returned  to  San  Francisco.  A  month  later  we  finrl  him  at 
Morrison's  ravine,  on  the  Feather  river,  where  he  worked  in  the  mines  for 
a  term  of  six  months.  He  then  went  to  Shaw's  Flat,  Tuolumne  county, 
where  he  remained  but  a  short  time.  We  next  find  him  at  Murphy's  Camp, 
Calaveras  county,  from  which  place,  after  a  brief  sojourn,  he  proceeded  to 
Columbia,  Tuolumne  county ;  mining  there  until  the  Fall  of  18.")3,  he  once  more 
returned  to  San  Francisco,  and  engaged  in  the  saddlery  business  until  March, 
185.5,  when  he  came  to  San  Josd  ;  staying  here  one  month,  he  removed  to 
Santa  Clara,  and  entering  the  employ  of  H.  Messing  was  soon  taken  into 
partnership.  In  the  Fall  of  1859  Mr.  Messing  letired  from  the  firm  and 
Mr.  Franck  continued  the  bu.siness  in  his  own  name  until  1875.  During  his 
residence  at  Santa  Clara  Mr.  Franck  has  enjoyed  the  entire  confidence  of 
his  fellow-citizens,  having  been  elected  to  various  positions  of  trust.  He 
served  as  Town  Trustee  for  eight  consecutive  years,  and  has  been  an  active 
member  of  the  Fire  Department  since  February  1,  1856.  Upon  the  crea- 
tion of  the  ofltice  of  Chief  Engineer  of  the  latter  body  in  1875  he  was  elected 
to  till  this  position,  and   was  continued  in  office  until    June,  1881.     He  is 


GGi  HISTORY    OF    SANTA    CLARA   COUNTY,   CALIFORNIA. 

also  a  Past  Grand,  in  good  standing,  of  Santa  Clara  Lodge  No.  52,  I.  0.  0. 
F.,  and  a  Charter  Member  of  Encampment  No.  34.  Mr.  Franck  has  always 
been  identified  with  the  Republican  party,  and  in  recognition  of  his  services 
was  in  1871  elected  to  the  Assembly  for  two  years,  and  at  the  expiration  of 
this  period  was  re-elected  for  a  similar  term  of  office,  serving  his  county 
faithfully  and  well.  In  September,  1857,  he  was  mariied,  at  Santa  Clara, 
to  Miss  Carolina  Durmoyer,  and  has  two  children  living,  the  eliler  of  which, 
Carolina  S.,  was  born  June  28,  1871,  and  the  younger,  Fredyrich  Christian, 
Jr.,  August  17,  1873. 

Andrew  T.  Gallager.  The  subject  of  this  sketch  was  born  in  New 
York  City,  May  4,  1831.  He  sailed  for  California,  in  t'^e  bark  John  W. 
Caton,  via  Cape  Horn,  October  18,  1848,  and  arrived  in  San  Francisco 
March  14,  1849.  Two  weeks  after,  he  purchased  the  launch  Mary  and 
Catherine,  but  sold  her  when  he  had  made  a  few  trips  to  Sonoma.  He  now 
proceeded  to  the  mines,  at  Sullivan's  Camp,  Tuolumne  county,  but  at  the  end 
of  four  months,  removed  to  Santa  Clara  county,  obtaining  employment  in 
the  redwoods,  but  only  remaining  there  four  weeks;  then  he  commenced 
teaming  between  that  point  and  Alvi~o.  He  next  commenced  the  occupation 
of  freight  carrier,  from  Alviso  to  San  Jose'  and  Santa  Clara,  a  business  he 
pui'sued  for  two  years,  when  he  became  clerk  in  the  warehouse  at  the  fir'st- 
mentioned  place.  About  this  period  he  commenced  farming  on  his  present 
ranch,  going  to  reside  there  in  June,  1853.  In  1850.  Mr.  Gallag_^r  was 
elected  Constable  of  Washington  township  (now  comprised  in  Alameda 
county) ;  in  1851,  was  chosen  to  the  position  of  Marshal  of  the  town  of  Alviso; 
while  he  has  severally  held  the  offices  of  a  School  Trustee  and  RoadmastL-r. 
Married,  at  Alviso,  September  26,  1852,  Maria  Remonda,  daughter  of  John 
Martin,  who  died  May  31,  1879,  by  whom  he  has  had  fourteen  children. 
The  ibllowing  are  the  names  and  dates  of  the  birth  of  those  living:  Martha, 
born  May  1,  1855;  Andrew  T.,  Jr.,  boin  March  17,  1857;  Edward  E.,  born 
December  26,  18G0;  Richard,  born  August  10,  1863;  George  F.,  born  S -p- 
tember  18,  1865;  Bascaleseria,  born  July  18,  1807;  Alford,  born  April  5, 
1869;  Charles  W.,  born  June  7,  1871;  William,  born  June  16,  1873;  Mabel 
S.,  born  November  18,  1875. 

August  Habich.  Born  in  Hesse  Cassel,  Germany,  December  24,  1837. 
When  eighteen  years  of  age,  he  came  to  the  United  States,  direct  to  Califor- 
nia, and  at  once  proceeded  to  Santa  Clara,  where  he  was  employed  in  the 
store  of  his  brother.  In  1863,  he  visited  Germany,  married,  returned 
to  Santa  Clara,  and  established  the  business  he  now  conducts.  Five  years 
ago  he  constructed  the  very  substantial  store  he  now  occupies,  being  one  hun- 
dred and  ten  feet  by  forty  in  dimensions,  on  the  site  of  the  former  adobe 


BIOGRAPHIES — SANTA    CLARA   TOWNSHIP.  6Go 

building  used  for  tlic  |>m|ios(>,  while  later  lie  j)iirclia.sed  tVoin  K.  Cramer, 
the  large  steam  feed-mill  in  Santa  Clara,  where  lie  transacts  a  large  and 
proHtible  business.  JManird,  in  Frankfort-on-the-Main,  by  the  Ct)nsul  for 
the  United  States,  April  G,  1804,  Augusta  Cramer,  ami  has  three  children: 
Martin,  born  March  18,  18G.5;  Walter,  born  September  7,  1868;  Bertha,  born 
September  18,  1872. 

C.iptlin  R.  K.  Him.  Tlie  subject  of  this  sketch  was  born  in  Stafford 
county,  New  Hampshiie,  August  o,  ISiil,  where  he  |)ass(;d  tlie  earlier  years 
of  his  life.  At  the  ao;e  of  nineteen  years,  he  siiled  on  a  whalin<r  vovage  in 
the  ship  Eliza  Achivis,  from  Fair  Haven,  to  tlie  South  Pacific,  rlnring  whidi 
he  visited  many  parts  of  South  America  and  the  South  S.-a  Islands,  from  oil" 
one  of  which  (Easter  Island)  they  took  a  boy,  kept  him  until  he  learned  to  speak 
the  English  language,  and  returiuMl  him  at  the  en^l  of  ei  diteen  months.  At 
the  clo^e  of  three  years  he  returned  home  and  engage  1  in  the  Atlantic  coast- 
ing trade  until  1848,  wliei\  he  sailed  in  the  shi[)  Capitol,  via  Cape  Hoi'n,  for 
California.  July  li),  hSi!),  he  arrived  in  San  Francisco,  but  remaining  there 
only  two  months,  he  left  foi-  Mui-phy's  New  Diggings,  Tuolumne  county, 
Worked  there  for  a  couple  of  months,  and  then  pi-oceeded  to  Stockton,  wheie 
he  was  employed  in  budding  a  hotel,  at  twelve  dollars  per  day  wages.  This 
establishment  was  destroyed  by  fire  the  day  after  its  completion.  Captain 
Ham  now  returned  to  San  Francisco,  and  in  the  Winter  of  1849-50,  con- 
structed a  sloop  called  the  Jiuhin,  in  Ajiril,  he  loaded  lu.-r  with  lumber,  at 
the  freight  of  forty  dollars  per  thousanil  feet,  and  with  her  traded  between 
San  Francisco  and  different  points  on  the  Bay,  until  July,  1858,  at  which 
date  he  was  the  owner  of  seven  coasters.  In  August,  1853,  he  came  to 
Santa  Clara,  built  a  livery  stable  and  opened  it  on  December  2Gth  (  f  the 
same  year,  continuing  in  that  l)u^iness  ever  since.  The  Captain  is  a  partner 
in  the  firm  of  Renton,  Holmes  &  Co.,  lumber  di.'alers  of  San  Francisco;  he 
also  owns  six  hundred  an  I  fifty  acres  of  the  pueblo  l.mds  in  the  Santa  Clara 
valley,  as  well  as  three  hundred  and  twenty  more  in  the  Calavm-as  valley, 
Milpitas  township;  is  one  of  the  Dii-ectors  of  the  Bank  of  Santa  Clara 
County;  and  possesses  much  pivjpurty  in  dilfei-ent  parts  of  the  State.  Is 
unmarried 

Walter  F.  Hargis.  Ban  in  Smith  county,  Tennessee,  February  7, 
1825.  When  eight  years  of  age  he  accompaiiied  his  parents  to  Graves 
county,  Kentucky,  and  there  resided  until  1847.  In  that  year  he  went  to 
Mexico  as  a  volunteer  in  Company  B,  Second  Illinois  Regiment,  Colonel 
Bissell  commanding,  attached  to  the  d. vision  of  General  Wood,  and  with 
them  proceeded  through  Texas,  crossed  the  Rio  Grande  at  Presidio,  thence 
into  Mexico  to  Buena  Vista,  where,  February  22  and  28,  1848,  he  took  part 


CG6  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

in  the  battle  fought.  Remaining  here  until  Miy,  the  corps  was  marched  to 
Camargo,  where  Mr.  Hargis  was  honorably  discharged,  his  time  having 
expired.  He  then  returned  to  Kentucky,  where  he  remained  until  18o(),  in 
which  year  he  crossed  the  plains  to  California,  with  horse  teams,  and  arrived 
at  Hmgtown  (now  Placerville),  El  D  )rado  C(junt3'^,  September  12,  1850. 
He  first  proceeded  to  Pedro  Bar,  Tuolumne  county,  where  he  mined  until 
February,  1852;  thence  to  S mta  Cruz  county,  and  there  farmed  until  1853. 
He  then  moved  to  Watsonville,  in  the  same  county,  where  he  followed  the 
like  occupation  for  two  years.  In  1855  he  went  to  Shasta  county,  and  mined 
on  the  Trinity  river  until  July,  1858.  Next  we  find  him  at  the  Frazer  river 
diggings,  but  not  finding  anything  there  he  returned  to  California,  came 
back  to  Santa  Clara  county,  and  located  ab  )ut  a  mile  south-east  of  the  spot 
where  he  now  resides.  In  18G3  he  disposed  of  the  farm,  and  moved  to 
San  Jose,  but  at  the  en<L  of  eight  months,  purchased  his  present  property 
of  two  hundred  and  forty  acres.  Mr.  Hargis  mai-ried,  firstly,  March  28, 
1861,  Susan  Campbjll,  who  died  December  9,  18G9;  and  secondly.  May  21, 
1871,  Libbie  Messersmith.  He  has  five  chiMren,  viz.:  Walter  L.,  born  June 
24,  1863;  Jessie  U.,  b  )rn  June  6,  1873;  Fred.  S.,  born  February  4,  1875; 
Fiank  M.,  born  March  20,  1879;  Harry  E.,  born  May  12,  1881. 

A.  B.  Hunter  Whose  portrait  appears  in  this  work,  was  born  in 
Augusta  county,  Virginia,  November  26,  1826.  When  quite  young  he 
accompanied  his  parents  to  Illinois,  and  after  a  short  time,  ^ith  his  hall-sis- 
ter, went  to  Washington  county,  Missouri,  and  there  received  his  education. 
Mr.  Hunter  was  eng-acred  in  business  in  that  State  until  1849,  when  he 
crossed  the  plains  to  California,  and  immediately  proceeded  to  Bidwell's  Bar, 
on  the  Feather  river,  where  he  remained  until  the  Fall  of  1850.  He  now 
moved  to  American  valley,  Plumas  county,  where  he  was  one  of  the  first 
settlers.  In  1852  he  came  to  Santa  Clara  county,  and  remained  two  years. 
In  1855  he  returned,  however,  and  located  on  his  present  faim  of  one  hun- 
dred and  sixty  acres,  where  he  has  erected  a  fine  residence.  He  is  Treasurer 
of  the  Santa  Clara  Cheese  Factory.  Married,  at  Santa  Clara,  September 
18,  1855,  Ann  Rutledge,  and  has:  John  F.,  born  August  22,  1856;  Min- 
nie J.,  born  May  12,  1858;  Frank  A.,  born  October  7,  1860;  Carrie  T.,  born 
January  15,  1863;  Ernest  A.,  born  November  26,  1874. 

Hon.  Samuel  I.  Jamison.  The  subject  of  this  sketch,  whose  por- 
trait appears  in  this  work,  was  born  in  Alleghany  count}^  Maryland, 
June  26,  1828,  where  he  resided  on  a  farm  until  he  was  sixteen  years 
of  age.  He  then  went  to  Cumberland  to  a  high  school  for  two  years, 
after  which  he  entered  a  mercantile  house,  and  served  as  a  clerk  until 
he   was    twenty-one,    when    he    started   for    California,    landing    in    San 


BIOGRAPHIES — SANTA    CLARA   TOWNSHIP.  CC7 

Francisco  in  October,  1849.  Ho  almost  iiniiiL'iliatL'ly  staitt-d  for  the 
mines,  his  first  month  of  gold-seeking  being  near  Chinese  Caiiij>,  Tuol- 
umne county.  This  experience  would  appear  to  have  satiated  the 
desire  of  Mr.  Jamison,  for  ^\■e  liiid  him,  in  Decembei-  of  the  same  year, 
in  company  with  Philip  Mendenhall  of  Alameda  county,  getting  lum- 
ber out  of  the  rcdwcods  with  whip-saws.  Here  he  woiked  during  that 
Winter,  1849-50;  in  the  Spring  the  supply  was  "hauled  out"  and  soM. 
That  season  (the  Spring  of  1850)  he  located  the  ranch  he  now  occupies, 
about  three  miles  from  the  city  of  Santa  Clara.  In  the  Fall  he  took  up  his 
residence  thereon,  and  has  lived  there  ever  since.  It  compri.>^es  one  hundred 
and  eighty-five  acres  of  land,  of  excellent  quality,  which  produces  straw- 
beriies,  grain,  and  hay,  in  abundance,  while  the  residence  and  offices  are 
replete  with  every  modern  improvement.  In  the  year.  18G9  Mr.  Jamison 
was  elected  to  the  Board  of  Supervisors  of  Santa  Clara  county.  In  1875  he 
was  called  by  the  voice  of  his  fellow-citizens  to  represent  the  county  in  the 
House  of  Assembly,  when  he  ran  ahead  of  all  other  candidates;  while  we 
mav  observe  that  his  first  vote  was  cast  in  the  Democratic  cause,  from 
whose  principles  he  has  never  swerved.  He  is  a  Director  of  the  Bank  of 
Santa  Clara  County,  and  President  of  the  Santa  Clara  Cheese  Manufacturing 
Company.  Mr.  Jamison  has  thrice  been  wedded,  on  the  last  occasion,  to  Car- 
rie W.  Clenea}',  of  Missouri.  His  three  wives  were  reared  within  a  stone's 
throw  of  each  other.  He  is  the  father  of  fifteen  chiLlren,  eleven  now  living. 
The  names  and  dates  of  their  birth  are:  Emma  S.,  born  March  30,  i860; 
Robert  H.,  born  August  21,  1802;  Ora  B.,  and  Pauline  J.  (twins),  born  June 
23,  1860;  Frank  C,  born  October  21,  1870;  Maiy  Etta,  born  February  9, 
1872;  Howard,  born  May  27,  1873;  Eva,  born  December  25,  1874;  Lottie 
C,  born  April  13,  1876;  Samuel  I.,  born  January  31,  1878;  Relfe  L.,  born 
June  24,  1880.  Those  deceased  are:  Joe  S.,  born  December  28,  1854; 
Mollie  E.,  born  December  8,  1855;  Belt  P.,  born  January  22,  1857;  Eddie  P., 
born  July  3,  18()1. 

James  M.  Kenyon.  Born  in  A(^arns  county,  Ohio,  May  29, 1817, and  there 
received  his  schooling.  After  learning  the  trade  of  carpenter,  he  continued 
to  work  at  it  in  Cincinnati,  and  difierent  parts  of  luwa  and  Illinois,  and 
finally  returned  to  his  native  home  in  Ohio,  from  whence  he  moved  with 
two  of  his  brothers  to  Nodaway  county,  Missouri,  where  he  .settled  on  a  farm 
cornering  in  Fillmore,  and  there  resided  until  May,  1849,  when  he  came  to 
California,  via  the  Hudspeth  route.  Arriving  at  Ringgold,  El  Dorado 
county,  the  5th  of  October  of  that  year,  he  spent  the  Winter  there  and 
moved  to  Coloma  in  the  Spring  of  1850.  In  the  Fall  he  moved  to  San  Jose, 
where  he  built  a  house  half-way  between  First  street  and  the  Coyote  bridge, 
and  in  the  same  Fall  moved  to  his  present  home  of  two  hundred  and  forty- 


G68  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

two  acres,  two  miles  and  a  half  west  of  Santa  Clara,  where  he  still  resides. 
He  was  niari-ied  in  Nodaway  county,  Missouri,  April  6,  1843,  to  Martha 
Roberts,  a  native  of  Lewis  county,  Kentucky,  by  whom  he  has  five  children 
living,  viz.:  Sarah  F.,  now  Mrs.  Gardner,  born  Apiil  20,  1845;  John  F., 
born  March  11,  1855;  Eunice  E.,  born  June  1,  1859;  Benjamin  F.,  born 
March  1,  18G1 ;  James  M.,  born  Februaiy  2G,  18G3. 

John  Jacob  Laederick  (Deceased).  Born  in  Malhause,  France,  Jan- 
uary 22,  1822.  In  18 18  he  erai;4rated  to  the  United  State.s,  and  for  two 
years  was  engaged  in  business  in  New  York  City.  In  1850  he  came  to  Cali- 
fornia, went  to  the  Southern  mines  for  three  years,  then  pi'oceeded  to  San 
Francisco,  where  he  W(  rked  at  his  trade  for  a  few  years,  and  then  embarked 
in  a  fruit  business  which  he  conducted  until  1859.  In  that  year  he  settled 
in  Santa  Clara  county,  on  the  place  wiiere  his  widow  now  resides,  where 
she  owns  one  luuidretl  an  1  sixty  acres,  principally  managed  by  their  son. 
Mr.  Laederick  died  January  13,  1874.  He  married,  in  France,  December  G, 
184G,  Luisa  Weiss,  by  whom  there  were  the  following  chil  Iren:  Julius  N.,  born 
in  France,  December  S,  1847;  Edmund,  born  in  New  York,  July  27,  1850; 
Albert  H.,  born  in  San  Francisco,  April  22,  1854;  Lottie  L.,  born  in  San 
Fi'ancisco,  December  29,  1858;  Einilie  L,  born  in  Santa  Clara  county,  July 
21,  1861;  Victor  H.,  born  in  Santa  Clara  county,  March  29,  18G5;  Walter 
O.,  born  in  Santa  Clara  county,  March  4,  1870  ;  Emma  C,  born  in  San- 
Francisco,  November  22,  1855,  deceased. 

George  Lauck.  Born  in  Germany,  June  27,  1830.  In  the  year  1855 
he  came  to  the  United  States,  and  after  working  three  years  in  New  Jersey, 
removed  to  Galena,  Illinois,  where  he  was  employed  in  a  brewery  until  the 
breaking  ont  of  the  Rebellion.  Mr.  Lauck  now  enlisted  in  the  Twelfth  Illinois 
Regiment,  and  with  it  served  until  the  cessation  of  hostilities,  when  he  re- 
ceived an  honorable  discharge.  He  then  obtained  emplo^'ment  in  a  brewery 
until  18l)S,  in  which  year  he  came  to  California,  an  1  for  the  first  five  years 
workt  d  at  the  same  business  in  San  Francisco  ;  thence  he  moved  to  Castro- 
ville,  Monterey  county,  purchased  the  brewing  establishment  conjointly  with 
Louis  Meyer,  managed  it  until  1878,  when  he  sold  out  and  bought  the  Santa 
Clara  brewery,  where  he  now  carries  on  a  profitable  and  increasing  trade. 
Married,  at  Galena,  Illinois,  Marie  Magdalena  Eberhard,  and  has  six  chil- 
dren,  viz.:  Julia,  born  June  20,  1860;  Emma,  born  March  4,  1868;  Lena, 
born  May  30, 1870;  George,  born  April  17,  1872  ;  Frank,  born  May  8,  1874, 
Clara,  born  June  18, 1876. 

John  G.  Messersmith.  Born  in  Fayette  county,  Indiana,  August  17, 
184G.  When  ten  years  of  age  he  went  with  his  parents  to  Marion  county. 
in  the  same  State,  where  he  received  his  education  and  resided  on  a  farm  until 


BIOGRAPHIES — SANTA    CLARA    TOWNSHIP.  (jG9 

Aurjnst,  1S73.  Heenlistei]  in  tlie  Fifty-first  Rf;^riiiiL.iiL  of  Indiana  Volunteers; 
served  three  years;  di.schaigcd  iVoni  tin-  United  States  service  at  San  Antonio, 
Texas,  December  13,  18G5,  and  rctiiincd  home  to  his  parents.  In  l.sTOiie 
came  to  California  liy  laihoad  and  s(;ttled  in  Santa  Clara  county,  in  the 
month  of  October  of  that  year.  For  tlie  first  two  vears  he  livc^don  a  icnti'il 
fai'in  near  the  town  of  Santa  Clara,  but  in  187^)  lie  sold  out  to  Mr.  Pullan 
and  took  possession  of  his  ])resent  home  of  three  hundred  and  fifty  acres. 
Married,  in  Tn  liana,  December  22,  1857,  Miss  S.  A.  Smith,  of  Indiana,  by 
whom  lie  has  three  children:  bla  May,  born  December  2,  18G8;  C-larence 
Walter,  born  February  4,  1871;  Claude  Raymond,  born  August  17,  1873. 

Luther  R.Mills.  Born  in  Delaware  county.  New  York,  May  4,  1824. 
In  1842  he  went  to  New  York  City  and  engaged  in  the  commission  business; 
here  he  resided  until  he  started  fur  California,  January  18,  1840,  and  after  a 
voyage  through  the  Straits  of  Magellan,  arrived  in  San  Francisco  July  3d. 
Here  he  entered  into  mercantile  pursuits;  at  the  end  of  three  years  he 
embarked  in  the  wholesale  liquor  trade,  the  largest  importers  and  jobbers 
in  that  city,  continuing  in  it  until  1869,  when,  on  account  of  ill-health,  he 
closed  out,  came  to  Santa  Clara  county,  purchased  the  lurnitui'e  and  fixtures  of 
the  Congress  Springs  Hotel,  leased  the  springs  and  hotel  and  conducted  them 
for  five  years,  vihen  selling  out  he  bought  the  Seltzer  Aperient  Spi-ings  in 
Santa  Clara  township  (a  description  of  which  will  be  found  on  page  43  of  this 
•work),  and  there  established  a  soda  and  sarsaparilla  manufactory  in  connec- 
tion with  the  bottling  of  the  seltzer  water,  which  he  continues  up  to  the 
present  time. 

Samuel  Morrison.  Born  in  Carroll  county,  New  Hamp.shire,  Septem- 
ber 27,  1822;  at  the  age  of  ten  3^ears  he  went  to  Boston,  Massachusetts, 
where  he  received  his  education  and  resided  four  years,  then  returning  for  a 
like  period  to  his  home.  At  the  end  of  this  term  he  came  back  to  Boston, 
entered  a  store  and  there  remained  until  January  21),  1849,  the  date  of  his 
sailinof  for  Califoinia  via  the  Straits  of  Magellan.  On  July  Gth  of  the  same 
year  he  landed  in  San  Francisco,  but  after  a  lew  days  went  to  the  mines  at 
Mormon  Island,  Sacramento  county;  some  weeks  later  he  moved  to  Mur- 
derer's Bar  on  the  middle  fork  of  the  American  river,  where  he  remained 
until  November  ;  he  then  proceeded  to  Drytown,  Amador  county,  where  he 
passed  the  Winter;  in  the  Spring  following  he  mined  in  difierent  portions  of 
that  county;  and  in  June  left  the  district  for  the  Santa  Clara  valley,  an-iv- 
ing  in  San  .Jose'  July  1,  18.')0.  Ten  days  later  he  settled  in  Santa  Clara 
township,  located  one  hundred  and  sixty  acres  of  land,  and  farmed  it  for 
about  eigliteen  years.  Mr.  Morrison  still  owns  a  portion  of  this  original 
tract.     He  next  moved  into  the  town  of  Santa  Clara,  erecting  the  gas-works 


C70  HISTORY   OF   SANTA    CLARA    COUNTY,    CALIFORNIA. 

there  in  the  year  1871,  and  conducted  them  for  five  years,  when  he  dis- 
posed of  his  interest  to  the  San  Jose  Gas  Company.  Has  been  collector  for 
the  San  Jos^  Water  Company  for  nine  years;  served  as  County  Supervisor 
in  1855-50;  as  Justice  of  the  Peace  in  the  years  1860,  18G7,  and  1873;  and 
carries  on  the  business  of  a  ^as-fitter.  Married,  in  Boston,  Massachusetts, 
November  25, 1845,  Lucy  A.  Hiagins,  by  whom  he  has  two  children  :  Sally  S., 
born  March  24,  1860;  Samuel  H.,  bora  March  3,  186G. 

William  Morrison.  Born  in  Dearborn  county,  Indiana,  February  18, 
1820.  He  received  his  education  and  was  reared  in  Marion  county,  in  the 
same  State;  at  the  age  of  eighteen  years  moved  to  Iowa,  and  there  remained, 
•farming,  until  1849,  when  he  came  to  California  by  way  of  the  p'ains,  with 
ox-teams,  arriving  October  6th.  He  first  essayeil  mining  at  Pla.^erville,  El 
Dorado  county,  there  mal<ing  as  much  as  two  hunlrei  dollars  per  day  with 
a  rocker,  and  combined  with  that  enterprise  the  business  of  a  butcher.  In 
1850  he  settled  near  Centreville,  Alameda  county,  and  there,  in  company 
with  his  brother-in-law,  the  welhknown  William  Tyson,  farmed  extensively 
until  1875,  when  he  purchased  his  present  ranch  in  Santa  Clara  county,  on 
which  he  has  erected  a  comfortable  residence,  containing  all  modern  improve- 
ments. Mr.  Morrison  owns  one  hundred  and  sixty  aci'cs  of  excellent  land, 
on  which  he  has  laid  out  a  forty-acre  orchard  of  apricots,  prunes,  and 
almonds.  Married  in  San  Francisco,  November  24,  1864,  and  has  four 
childi'en,  viz. :  Allen  E.,  boin  December  20,  1866;  Grace,  born  December 
29,  1868;  Edith  and  Ida  (twins),  born  April  16,  1875. 

Hon.  Rush  McComaS.  Born  in  Cabell  county  .Virginia,  January  13, 1830. 
In  1841  went  to  Platte  county,  Missouri,  with  his  parents,  where  he  worked 
on  a  farm  until  seventeen  years  of  age,  when  he  was  employed  in  a  country 
stoi^e.  In  1853  was  elected  Assessor  of  the  county,  but  resigned  the  office  to 
embark  in  the  mercantile  business,  and  was  for  several  yeai's  extensively 
eno-aged  in  the  purchase  and  shipment  of  hemp  au'l  other  products  to  the  St. 
Louis  and  New  Orleans  markets.  In  1857-58  tried  his  hand  at  steamboat- 
ino-  on  the  Missouri  river,  but  not  finding  it  remunerative,  returned  to  his 
business  in  the  town  of  Parkville,  Missouri,  where  he  was  doing  well  when 
.  the  civil  war  came  on  and  swept  away  the  labor  of  years.  Came  to  Cali- 
fornia November  1,  1861;  he  landed  in  San  Francisco  from  the  Panama 
steamer,  and  came  direct  to  Santa  Clara  county.  In  1864  settled  on  the 
farm  on  which  he  now  resides,  comprising  eighty-eight  acres,  where  he  culti- 
vates f]-uits,  hay,  and  vegetables,  and  engages  in  dairying.  Mr.  McComas 
is  Secretary  and  Business  Manager  of  the  Santa  Clara  Cheese  Factory,  situ- 
ated not  far  from  his  residence.  In  1877  he  was  elected  as  one  of  the  Mem- 
bers to  represent  this  county  in  the  Twenty-second  Session  of  the  Legislature, 


BIOGRAPHIES — SANTA    CLAllA    TOWNSHIP.  671 

and  in  1878  was  elected  one  of  the  Dele<jjate.s  to  tlie  Constitutional  Conven- 
tion, and  in  187!)  was  again  elected  Member  of  the  As.seiulily,  Tw.-ntv-thinl 
Session.  Is  a  Republican  in  })olitics.  Mairied,  August  li,  Ibo'.i,  Ann  K. 
Swope,  and  the}^  have  had  eight  chililren,  all  living:  William  B..  born  June 
19,  18:)4;  Cora,  born  Novenil)er  17,  18:)G;  Ella,  born  February  24,  18oU; 
Harrii't,  boi-ii  Jul y  0,  18(il;  Anna,  born  March  16,  18()4;  Katy,  born  March 
29,  18GG;  Ellen,  born  January  lO,    ISCN;  Henry,  born   September  25,  1871. 

Gary  Peebels.  The  father  and  mother  of  Cary  Pcebels  were  natives  of 
Virginia,  but  in  1800,  about  the  time  that  the  wonderful  agricultural  resources 
of  Kentucky  began  to  develop  themselves,  they  packed  up  their  hou.sehold 
goods  and  made  part  of  the  tide  of  emigration  that  had  begun  to  tiow  into 
what  was  then  the  far  West.  They  settled  near  the  site  of  the  pr-esent  city 
of  Lexington,  and  here,  on  the  12tli  day  of  April,  1808,  the  subject  of  (his 
sketch  was  born.  Wiien  he  was  eight  years  of  age,  his  father  moved  to  St. 
Louis,  Mis.souri.  Here  he  established  and  conducted  the  first  hotel  ever  kept 
in  that  city  by  an  American.  The  guests  who  frequented  his  house  were 
such  men  as  Hon.  Thomas  H.  Benton,  Bennett  lliley  (afterwards  General 
Riley,  and  Military  Governor  of  California  in  1849),  Major  Ramsey,  David 
Barton,  L.  W.  Boggs  (afterwards  Governor  of  Missouri),  General  Atkinson, 
and  others  ot  a  national  reputation.  In  1817,  or  when  Cary  was  nine  years 
old,  the  first  steamboat  that  ever  came  up  the  Missis.'^ippi  river  put  in  an 
appearance,  and  although  then  but  a  mere  child,  Mr.  Peebels  remembers  dis- 
tinctly the  commotion  and  rejoicing  that  this  event  excited.  The  name  of 
the  boat  was  General  Pike,  and  although  hundreds  of  better  boats  have 
tied  up  at  the  wharfs  of  that  city,  none  have  ever  created  the  interest  that 
tills  one  occasioned.  Mr.  Peebels,  with  his  father,  rode  on  the  Pike  on  her 
trial  tii[)  to  Bloody  Island.  In  1818,  Mr.  Peebels'  parents  moved  to  what 
was  then  calleil  Boone's  Lick  settlement,  but  is  now  known  as  the  town  of 
Franklin.  His  father  opened  a  hotel  and  conilucted  it  until  181!),  when  he 
died.  The  hotel  was  then  continued  by  Mr.  Peebcl's  mother.  It  was  during 
this  year  (1819)  that  the  first  steamboat  ventui-ed  up  the  Missouri  river  for 
Council  Bluffs.  Her  name  was  the  Missouri  Packet,  and  the  people  of 
that  town,  in  their  excitement  over  the  event,  gave  a  grand  baibecue  dinner 
to  the  ofticers  of  the  boat  and  of  the  army.  The  result  was  that  too  niucli 
wine  was  put  on  board,  and  the  boat  was  run  on  a  snag  and  sunk,  becom- 
ing a  total  loss.  While  at  St.  Louis  his  father's  house  was  situated  on  the 
bank  of  the  river  where  the  shore  end  of  the  ferry  to  Bloody  Island  was  lo- 
cated, and,  during  his  residence  there,  many  of  the  duels  were  fought  that 
gave  the  Island  its  name.  Most  of  these  encounters  were  witnessed  l>y  the 
boy  Cary,  who,  when  parties  would  cross  the  feiry  with  hostile  intent,  would 
climb  the  blurts  and  liave  a  plain  view  of  the  encounter.      He  witnessed  the 


672  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

faraons  meeting  in  which  Tom  Benton   shot  Lucas.      When   tlie  latter   was 
shot,  he  was  brought  to  Mr.  Peebels'  house  ami  Gary  stayed  with  him  several 
hours.     He   also   saw  the  duel   in   which   Major  Ramsey  was  killed.     Mr. 
Peebels'  house  being  close  to  the  ferry  nearly  all  the  men  wounded  on  Bloody 
Island  were  brought  there.     In  1829,  Mr.  Peebels  then  being  about  21  years 
of  age,  the  Indians  became  veiy  troublesome.     Tliey   made  frequent  attacks 
on  the  frontier  settlements,  killing  the  settlers  and  running  off'  stock,  burn- 
ing dwellings  and  committing  all  sorts  of  depredations.     A    regiment    was 
formed  to  make  an  expedition  against  the  savages  and  punish  them  fur  their 
outrages.      Judge  Redman,  who  afterwards   became   a  noted   character   in 
Santa  Clara  county,  was  Colonel  of  this  regiment.     Mr.  Peebels  enlisted   in 
the  regiment,  and  had  three  weeks  of  about  as  hard  marching  as  troops  were 
ever  called  upon  to  do;  but,  with  all  their  traveling,   the  Indians  weie  too 
fast  for  them  and  they  neVer  g(;t  a  shot  at  a  redskin  during  all  the  time  they 
were  out.     At  this  time  Judge  Redman    was  a  ph3\sician,  practicing  medi- 
cine in  Franklin,  and  was  noted  among  all  the  settlements  for  the  enormous 
doses  of  calomel  he  was  in  the  habit  of  inflicting  on  his  patients.     In  this 
year  Mr.  Peebels  was  employed  in  the  store  of  E.   M.   Ryland,   an    uncle  of 
Hon.  C.  T.  Ryland,  now  of  San  Jose.     While  woiking   f^r    Mr.  Ryland  he 
was  sent  to  Lexington  in  18S0  with  a  stock  of  goods.     These  he  sold  out  with- 
out much  ti'ouble.     About  this  time  Mr.   Ryland   was  appointed  Receiver 
of  Public  Moneys,  and  retired  from  business.     Mr.  Peebels    then    moved  to 
Rocheport,  Missouri,  and  from   1832  to  1844,  was   Postmaster  of  that  town. 
In  1830  he  came  to  the  conclusion  to  load  a  flat-boat  Avith  produce  of  ditter- 
ent  kinds  and  make  a  trip  to  New   Orleans.     At  this  time  the   Mississippi 
river  was  running  over  its  banks,  and    Mr.  Peebels  and  his  men  being  green 
at  this  kind  of  navigation,  often  found  themselves   in  the  MOods,  or  floating 
over  somebody's  plantation,  instead  of  the  river  channel.     He  finally  reached 
New  Orleans  in  safety  and  managed  to  dispose  of  his  cargo,  and  by  trading- 
round  made  a  thousand  dollars  on  the  tiip.     In  April,  1838,  he  was  made 
a  Free  Mason.     After  his  journey  to  New  Orleans  he    returned   to   Missouri, 
and  continued  in  the  general  merchandise  busine>s,  besides  packing  pork  and 
bacon  for  the  New  Orleans  trade.     He  also  built  and  run  a  hor.se  feri'y-boat 
across  the  Missouri  river.     The  man  who  built  this  ferry  assisted  in  building 
the  first  steamboat  on  the  Ohio  river.     In    1843    he    was   married   to  Miss 
Teresa  Cavanaugh,  of  New  York.     The  circumstances  attending  this  wed- 
ding are  rather  romantic.     He  had  been   in  the  habit  of  buying  goods  in 
Philadelphia,  and  in  1843  went  East  for  that  purpose.     He  made  the  journey 
by  way  of  the  Lakes,  intending  to  reach  Philadelphia  via  New  York.     He 
stayed  a  few  days  in  the  latter  place  and  then  started  for  the  Quaker  City. 
He  happened  to  be  about  two  seconds  too  late  to  take  the  ferry-boat.     He 
reached  the  wharf  ju.st  as  the  boat  was  pushing  off.     He  was  thus  forced  to 


pTHE  NEW  YORK' 

PUBLIC  LIBRARY 


ASTOH,   L^-NCX  ANO 

TiL»cri  rour'»ATr;N3. 


BIOGRAPHIES— SANTA  CLARA    TOWNSHIP.  G73 

remain  another  day  in  New   York.     As  h..^  lutnrutMl  to  his  hotel    he  iiK-t  an 
old  acquaintance  who   insisted  on  liis  coniin<,'  to  hi.s   residence.     Mr.  Peebels 
went  with  liiin,  and,  on  arriving  at  the  house,  was  introduced   to  Miss  Cava- 
nauoli.     It   was   a   phiin   case  of  love  at   first   sight.      He  purchased  thirty 
thousand  dollars'  worth  of  good.s,  shipped  them,  married  Miss  Cavanaugh  and 
started  for  home,  all  within    nineteen  days.     The  ceremony  was    performed 
by  Bishop,  now  Cardinal  McClo.sky.     The  union  was  a  most  liappy  one,  but 
his  wife  died  three  years  afterwards,  in  1846,  leaving  one  chiM.     The  death 
of  his  wife  was  a  severe  blow  to  Mr.  Peebels.     He  l)roke  up  his  business  in 
Rocheport  and  moved  to  Lexington,  Mi.ssouii,  where  his  child  als(j  died.     At 
Lexington  he  engaged  in  the  business  of  dealing  in   family  groceries,  which 
business  he  followed  until  he  came  to  Califoi-nia.     In   1848  he  was  elected 
Mayor  of  the  city  of  Lexington,  and  held  that  position  until  |he  resigned  it 
in  1849,  to  cross  the  plains.     In  the  latter  year,  in  April,  Mr.  Peebels  formed 
a  copartnershi[)    with  E.  W.  and   T.   Pomeroy,  for  the  purpose  of  loading  a 
train  wdth   merchandise   and  supplies  for  the    mines  in  California.     Their 
outfit  co.st  them  eighty  thousand   dollars.     There   were  forty-three  wao-oas 
and  three  carriages,  besides  Kve  hundred  and  sixty  head  of  cattle.     In  addi- 
tion to  the  goods  in  this  train,  Mr.  Peebels  and  his  partners  shippel  a  quan- 
tity of  merchandise  by  water,  from  New  York,  expecting  to  meet  it  in  San 
Francisco.     The  trip  from  Missouri  to  Salt  Lake  was  maele  without  trouble 
and  without  any  special  incident.     At  Salt  Lake  City  Mr.  Peebels  applied  to 
and  obtained  from  Brigham  Young  permission  to  sell  goods  in  that  city.     He 
improvised  a  store-room  from  wagon-boxes  and  covers,  and  was  soon  driving 
a  brisk  trade.     Shortly  after  noon  an  officer  came  riding  up  to  his  establish- 
ment and  ordered  him  to  close  up.     This  officer   called  himself  a  Marshal, 
and  was  dressed  with  all  the  magnificence  that  gold  lace,  tinsel  and  epau- 
lettes could  confer.     Mr.  Peebels  told  hini  that  he  had  obtained  permission 
from  Brigham  Young' to  sell  goods  in  any  place  in  the  city.     The  officer  replied 
with  a    threat  that  if  he  didn't  close  up  and   move  away,  he  would  con- 
fiscate his  entire  stock.     After  the  departure  of  the  Marshal,  Mr.  Peebels 
sent  a  messenger  to  Mr.   Young,  informing  him  of  the  occurrence  and  ask- 
ing him  what  he  should  do.     Bi-igham  returned  answer  that  if  the  so-called 
Marshal  came  round  again,  to  tell  him  to  "  go  to  h — ."     The  next  morn- 
ing the  officer,  donned  in  the  loudest  kind  of  regimentals,  put  in  an  appear- 
ance, and  pompously  demanded  to  know  why  his  orders  had  not  been  obeyed. 
Mr.  Peebels  replied :  "  Since  you  were  here  I  have  interviewed  Brigham  Youno- 
about  the  matter,  and  he  instructed  me,  in  case  you  came  round  again  put- 
ting on  style,  to  tell  you  to  go  to  h — ."     On  hearing  this  the  Marshal  turned 
his  hoise's  head  and  rode  off  without  uttering  a  word.     Whether  he  went  to 
the  place  he  was  so  politely  requested  to  visit  is  unknown,  but  it  is  certain 
that  he  never  again   troubled   Mr.    Peebels.      Here    Mr.    Peebels  succeeded 
43 


G74  HISTORY   OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

in  disposing  of  all  bis  interest  in  the  train,  and  on  horseback,  accompanied 
by  one  man  and  a  boy,  he  started  for  California  to  meet,  at  San  Francisco 
the  goo;ls  which  he   hatl  shipped  from   New   York.      When  he  started  from 
Salt  Lake  he  carried  with  him  about  four  thousand  dollars  in  gold  coin  made 
at  Brigham  Young's  mint.     This  was  the  first  money  turned  out  of  this  mint 
and  Mr.  Peebels  stood  by  and  saw  it  made.     He  arrived  at  Sacramento  in 
Septeu^.ber,  1849,  without  experiencing  any  difficulty  or  encountering  and 
danger.     He   was   now   in   California,  having   been  only   a  trifle  over  four 
mouths  on  the  road.     His  journey  from  Missouri  to  Salt  Lake  occupied  three 
months,  and  from  Salt   Lake  to   Sacramento  a  little   more   than  a    month 
From  Sacramento  he  went  down  to  San  Francisco,  but  as  his  goods  had  not 
yet  arrived,  he  was  compelled  to  make  the  journey  a  second  time.     On  his 
second  visit  he  went  down  on  the  steamer  Senator.     The  Senator  was  the 
first  steamboat    run  on  tlfe  Sacramento,  and  on  her  first  trip  she  carried  Mr. 
Peebels  from  Sacramento  to  San  Francisco.     His  goods  arrived  in  due  time 
and   he    took  them   to   Sacramento,  storing  them   in  a  canvas  hou.se.      In  a 
short    time   after  he  had   his  goods  under  shelter  the  big  flood  came.     Mr. 
Peebels  was  sleeping  in  the  .same  house  with  his  merchandise.     The  first  inti- 
mation  he  had    that  the  flood   was  on  him   was    about    twelve  o'clock  at 
nisfht,  when   the   water  had   raised  so  as  to   reach  him  while  lying  in  his 
bunk.     -The  dampness  awoke  him  and  he  sprang  out  of  bed  and  was  some- 
what astonished  to  find  himself  waist  deep  in  water,  with  the  bundles,  boxes 
and  bales  of  goods  floating  about  promiscuously.     He  attempted  to  secure 
his    property  so  as  to   pievent  its  sailing    away,  but  after  working  several 
hours  in  the  water  he  found  it  was  an  impossible  task.     About  three  o'clock 
in  the    morning  a  man  came  along  in  a  canoe.      Mr.  Peebels  hailed  him  and 
asked  him  what  he   would  take  for  the  boat,  which  was  a  common  dugout. 
The  man  replied  that  his  price  was    one    hundred   and  fifty  dollai's.     The 
canoe  was  purchased  at  this  modest  sum,  and  by  its  assistance  Mr.  Peebels 
succeeded  in  reaching  a  hotel.     His  loss  by  the  flood  was  about  four  thou- 
sand dollars.     But  this  was  not  the  worst  of  it.     His  exposure  and  exertions 
brought  on  an  attack  of  typhoid  fever  which  laid  him,  up  for  twelve  weeks- 
Arrangements  for  taking   csre  of  the  sick  were  very  limited  in  Sacram(nto 
at  that  time,  and   it  is   a    wonder  that  he  ever  recovered.     But  he  pulled 
throuo-h  and  came   out  as  strong  as  ever,  and  went  to  work  with  renewed 
energy.     The  Messrs.  Pomeroy  remained  at  Salt  Lake  City  selling  out  their 
goods,  until  November  1.5,  184D,  when  they  undertook  to  come  to  California 
by  what  was  then    known  as  the    Southern  route,  via  Los  Angeles.     In  a 
snow-storm  on  the   mountains  they  loist  thirty-four  wagons  and  four  hundred 
head  of  oxen,  and    finally  reached  Sacramento  City  March  25,  1850.     The 
business  of  general   merchants  was  continued  under  the  name  of  Pomeroy  & 
Peebcils  until  the    Winter  of  1850-51,  when  the  Pomero3-s  left  the  country. 


i 


BIOGRAPHIES — SANTA    CLARA    TOWNSHIP.  675 

Mr.  Pcebols  then  joined  the  finn  of  Lee  k,  Haintin  under  the  style  of"  Peebels, 
Lee  &  Co.,  who  embarked  in  mining  operations  in  Gras.s  V^alley,  in  wiiieh 
our  subject  lost  largely  and  dissolved  partnerslii[).  In  this  year  Mr.  I'eeliels 
made  his  first  visit  to  Santa  Clara  valley,  and  was  so  much  pleased  with 
the  countrv  that  he  purchased  one  hundred  and  twenty-six  acres  of  irround 
of  John  Hoppe,  paying  therefor  seven  dollars  jier  acre.  'J'his  is  a  part  of 
what  is  now  known  as  the  "  Peebels  Farm."  He  had  never  been  a  fanner, 
and  at  that  time  never  expected  t:>  become  one.  In  this  year,  also,  Mr. 
Peebels  was  elected  Alderman  of  Sacramento,  and  served  on  the  Board  until 
he  resigned  to  go  to  San  Francisco.  In  the  Spring  of  1852  he  went  to  San 
Francisco  and  engaged  in  the  produce  business  in  company  with  William 
Campbell,  a  brother  of  Thomas  Campbell,  now  of  San  Josv  In  1853  the 
partnership  between  Peebels  t^  Campbell  was  dissolved,  and  the  former  went 
into  business  with  John  G.  Bray,  who  afterwaids  removed  to  Santa  Clara, 
and  who  was  the  fiist  President  of  the  Bank  of  San  Jo.'-e.  The  new  firm 
went  under  the  style  of  Peebels  tSi  Bray.  In  1854  he  married  again,  his 
second  wife  beinjj  an  Enolish  widow  ladv  named  Mr.s.  Holt.  From  this 
union  there  was  one  daughter,  Kate,  born  in  1857,  and  wh)  is  still  living- 
with  her  parents.  In  July  of  1855,  Mr.  Peebels  retired  from  the  mercantile 
business,  selling  out  his  interest  to  W.  A.  Bray,  a  brother  to  John  G.  He 
then  came  to  this  county  and  located  on  his  farm,  about  half-way  between 
Santa  Clara  and  Alviso.  Mr.  Peebles  was  in  San  Francisco  several  times 
during  the  Vigilante  troubles,  and  was  a  law  and  order  man,  although  he 
had  no  sympathy  with  the  ruffians  whose  extermination  or  emigration  the 
Vigilantes  were  so  anxious  to  accomplish.  He  was  walking  down  Long 
Wharf  the  day  that  W'hittaker  and  McKenzie  were  hung  from  the  windows 
on  Battery  street.  Two  young  men  were  walking  in  front  of  him  talking 
veiy  excitedly  about  the  execution.  One  of  them  remarked,  "  Yes,  and  we 
will  hang  every  d — d  scoundi'el  in  the  city."  Mr.  Peebels  stepped  u|)  to  him, 
and  tapping  him  on  the  shoulder,  said,  "  Don't  do  that,  my  friend,  don't  do 
that."  The  man  turned  fiei'cely  and  demanded  the  reason  that  Mr.  Peebels 
inteifered  in  the  course  of  the  committee.  He  replied,  laughingly,  that  he 
w^as  engaged  in  the  produce  business  and  had  a  large  amount  of  wheat  on  hand; 
that  if  all  the  scoundrels  in  the  community  were  hung  there  would  be  no 
market  for  his  grain,  and  the  price  would  go  down.  The  men  laughed  heart- 
ily at  Peebels'  conceit,  although  they  were  ready  to  lynch  him  a  .second 
previously.  It  was  a  day  of  such  intense  feeling  that  Mr.  Petbels  might 
have  been  hanged  or  shot  before  he  had  an  ojtportunity  for  explanat  on.  In 
the  year  1855  Mr.  Wadsworth  proposed  to  Mr.  Peebels  to  ship  two  tliou- 
sand  bags  of  wheat,  to  make  a  start,  to  loa<l  a  small  ship  for  New  York, 
stating  that  it  would  be  the  opening  of  the  market  for  the  staple  in  that  city, 
or,  in  Europe,  if  the  experiment  proved  that  wheat  could  be  shiii[)ed  to  so 


676  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

great  a  distance.     He  subscribed  one  thousand  bags  of  that  grain  which  had 
been  raised  on  his  farm,  while  a  Mr.  McGomb,  added  a  Hke  quantity  to  pro- 
ceed in  the  same  vessel,  the  balance  of  the  full  cargo  being  made  up  by  grain 
merchants.     The   return   was  that  the  wheat  was  in  good  order,  the  proof 
being  that  it  netted  one  dollar  and  eighty-seven  cents  per  cental.    This  was  the 
commencement  of  the   wheat  shipment    from   California.     Will  the  reader 
ponder    what    that    traile    amounts    to    at   this   date.       When  Mr.   Peebels 
went  on    to   his  farm  in   1855,   he  had    four    hundred  acres  of   land.     Of 
this    he  had    bought    one  hundred   and  twenty-six   acres    of   John   Hoppe, 
in    1851,  and  from  other    persons  he  purchased  enough   to   make    up    the 
remainder.       At    that    time    there   was    not   a  fence  between  Santa  Clara 
and  Alviso,  except  a  little  strip   on   Ferrington's  place.     He  started   in  to 
make  permanent  improvements.     He  built  fences,  and  introduced  new  sys- 
tems of  tillage.      He  startetl  early  in  fruit,  and  his  experiments  have  been  of 
great  value  to  the  fruit-growers  of  this  valley.     He  was  the  second  person 
in  the  valley  to  commence  the  raising  of  strawberries,  and  it  might  be  said 
that  he  was   the  first   to   cultivate  them   as  a  permanent  crop.     Mr.  J.  H. 
Kennedy  went  into   the  business  first,  on  the  Stockton  rancho,  setting  out  a 
field  from  plants  brought  here  by  Mr.  Shelton.     Mr.  Kennedy,  however,  dis- 
continued the  business  when  strawberries  brought  less  than  fifty  cents  per 
pound,  but  Mr.  Peebels  stuck  to  it,  and  has  nut  only  made  it  profitable  to 
himself,  but  to  the  whole   county.     He  took  great  pains  with  other  fruit, 
one  of  his  first  acts  being  to  set  out  an  orchard  of  choice  apples,  pears,  and 
quinces.     In  i'act,  he  is  one  of  the  pioneer  fruit-growers  of  Santa  Clara  val- 
\ey.     In  1857-8,  Mr.  Peebels  was  a  member  of  the  Boai'd  of  Supervisors  of 
this  county,  and  this,  with  the  exception  of  being  road  overseer,  and,  from 
1869  to  1872,  President  of  the  Board  of  Trustees  of   the    town   of  Santa 
Clara,  is  the  only  office  he  has  ever  held  in  this  county.     Taking  such   an 
interest  as  he  did.  in  everything  pertaining  to  the  development  of  the  agri- 
cultural resources  of  the  county,  it  is  natural  that  he  should  be  identified 
with  the  organization  of  the  Agiicultural  Society.     He  was  one  of  the  pro- 
jectors of  that  association,  and  his  efforts  materially  aided  in  the  raising  of 
funds  to  purchase  the  grounds  on  the  Alameda.     It  was  owing,  also,  to  his 
promptitude,  that  these  grounds  were  preserved  to  the   use  of  the  society. 
In  January,  1862,  the  regular  officei's  of   the  society  were  elected.     Charles 
Younger  had  a  bill  against  the  society  for  five  hundred  dollars,  for  services 
as  Secretary.     He  brought  suit,  and  the  officers  allowed  judgment  to  go  by 
default.     At  this  time  Mr.  Peebels  was  unable  to  drive  to  town,  on  account 
of  the  big  flood  that  had  overrun  the  banks  of  the  streams,  and  cut  off  com- 
munication between  the  city  and  his  farm.     One  of  the  officers  of  the  society 
learned    of   the  judgment,  and  notified  Mr.  Peebels  of  the  fact,  and    also 
that  the  Sheriff'   was  about    to   levy    on   the   fair-grounds    to  satisfy  the 


BIOGRAPHIES — SAXTA    CLAUA    TOWNSHIP.  077 

same.  Mr.  Peebels  iininediately  walke<l  to  town  through  the  mud  and 
water  and  notitied  the  membcr.s  of  the  sociiety  to  meet  and  see  if  souiti- 
thing  could  not  be  done  to  save  their  property.  A  n\eeting  was  held  in 
response  to  his  call,  a  now  set  of  otiieurs  were  elected,  with  Mr.  Peebels 
as  President.  He  went  to  work,  with  the  assistance  of  other  members, 
and  succeeded  in  raising  the  mon;^y  and  satisfying  the  judgment.  It 
was  duiing  the  time  that  this  matter  was  pfuding  that  lie  met  with 
the  accident  that  resulted  in  the  loss  of  one  of  his  legs.  He  was  on 
his  way  to  attend  a  meeting  oF  the  Board  ami  was  driving  a  colt  which 
he  was  breakincr.  Arrivinsf  at  Lick'.s  Mills,  the  animal  commenced  to 
act  badly,  and  fmallv,  after  ([uite  a  struggle  with  the  animal,  Mr.  Peebels 
jumped  from  the  buggy  an  I  received  a  blow  from  thi  colt's  ha-iU.  which 
fractured  his  leg,  and  resulted  in  its  am!)utation.  Since  Mr.  Peebels  went 
on  to  his  farm  he  has  actively  engaged  in  no  regular  business.  He  has 
however,  taken  a  lively  interest  in  every  entei'prise  tending  to  develop  the 
resources  of  the  county,  ami  has  given  much  time,  an  I  no  inconsiderable' 
amount  of  money,  in  forwarding  such  movements.  He  was  one  of  the 
original  projectors  of  the  narrow-gauge  railroad  to  Alviso,  and  for  several 
years  labored  earnestly  to  induce  the  citizens  to  subscrib3  money  enough  to 
build  and  control  the  road.  N()t  succeeding  in  this,  he  gave  his  co-operation 
to  the  present  company  of  which  he  is  a  Director.  When  Mr.  Peebcjls  cauie 
to  his  farm  to  reside,  he  found  that  there  was  no  goo  I  bacon  or  hams  to  be 
had,  therefore,  having  been  a  pork-packer  on  the  Missouri  river,  he  con- 
cluded to  make  the  experiment  of  packing  pork,  and  miking  ba^on,  lard, 
and  hams,  at  which  he  succeeded,  and  gained  a  reputation,  in  a  short  time, 
which  enabled  him  to  sell  all  that  he  could  cure,  he  doing  a  thriving  business 
at  the  time  he  became  a  cripple.  He  claims  to  have  laid  out  most  of  the 
fair-grounds  of  the  Santa  Clara  Valley  Agricultural  Society,  and  superin- 
tended the  .setting  out  and  cultivating  nearly  all  the  trees  now  growing  on 
the  locality.  In  18()9  he  sold  off  all  his  farm  but  the  original  one  hundred 
and  twenty-six  acres  he  purchased  of  Hoppe.  This  land  cost  him  seven  dol- 
lars per  acre,  in  1859,  and  he  received  for  it,  in  18G0,  the  average  rate  of  one 
hundred  and  twenty-five  dollars  per  acre.  After  this  sale  he  removed  to 
the  town  of  Santa  Clara,  where  he  has  since  resiile<l.  His  second  wife  died 
in  Santa  Clara,  in  1877.  Mr.  Peebels  married,  thirUy,  S.'ptember,  Ks77, 
Mr.s.  Elizabeth  M.  James,  a  native  of  New  Hampshire,  the  ceremony  taking 
place  in  the  city  of  SiUita  Clara. 

Hinnibal  PaUan.  Vnn-n  m  Breckenril^e  county,  February  8,  1826, 
where  he  received  his  education,  and  resided  for  the  first  seventeen  years  of 
his  life.  At  this  time  he  went  to  St.  Genevieve  county,  Missouri,  farming 
there  until  1840,  in  which  ever-memorable  year,  he  crossed  the  plains,  with 


678  HISTORY    OF   SANTA    CLARA    COUNTY,    CALIFORNIA. 

ox-teams,  to  California,  where  he  arrived  October  27,  18 19.  Mr.  PuUan  at 
once  proceeded  to  try  his  lucl<;  at  the  mines,  at  Long's  Bar,  Butte  county,  but 
in  the  Fall  of  the  following  year,  transferred  his  scene  of  action  to  Scott's 
Bar,  Siskiyou  county,  but  that  same  season  removed  to  Sonoma,  thence  to 
Yountville,  Napa  county,  where  he  commenced  farming,  and  resided  until 
1853.  In  that  year  he  came  to  Santa  Clara  county,  located  a  piece  of  land, 
near  his  present  farm,  but  after  three  successive  years  of  poor  crops,  he  moved 
to  San  Mateo  county,  purchased  a  ranch,  and  there  resided  until  1876,  save  a 
period  of  eight  months,  which  he  passed  in  Contra  Costa  county.  In  1876, 
he  acquired  one  hundred  and  eighty  acres  of  land  in  Santa  Clara  township, 
on  which  he  now  resides.  Mr.  Pullan  served  for  two  years  as  Assessor  of 
San  Mateo  county.  Married,  at  Napa,  September  17,  1853,  Marj-  BoUingei", 
and  has  eight  children  living,  viz.:  Mar}^  born  in  Santa  Clara  county, 
September  15,  1854;  Joan,  born  in  Santa  Clara  county,  February  27, 
1856;  Sarah,  born  in  Contra  Costa  county,  August  26,  1858;  Alice,  born 
in  San  Mateo  county,  Ju  le  10,  1861;  Emma,  born  in  Santa  Clara  county, 
March  12,  1866;  Columbus,  born  in  San  Mateo  county,  November  18,  1868; 
William,  born  in  San  Mateo  county,  July  15,  1872;  George  F.,  born  in  San 
Mateo  county,  Februaiy  13,  1875. 

John  A.  Statler.  Born  in  Cape  Girai'deau  count}',  Missouri,  September  13, 
1829.  When  twelve  years  of  age,  he  went  with  his  parents  to  Platte  county, 
and  resided  there  nearly  eight  years  ;  thence  they  moved  to  Arkansas;  thence 
to  Jackson  county,  which  they  left,  in  1849,  for  California,  by  way  of  the 
plains,  with  ox-teams.  When  the  Humboldt  riv^er  was  reached,  the  party  was 
unfortunate  enough  to  lose  half  of  their  cattle  by  the  Indians;  hence  their 
hardships  were  considerable,  until  their  arrival  in  this  State,  in  October,  1819. 
Mr.  Statler  first  stayed  in  Sacramento,  where  he  was  variously  employed 
until  Ma}^,  1850,  when  he  transferred  his  residence  to  San  Jose,  Santa  Clara 
county,  but  remaining  only  a  week  in  that  city  he  removed  to  Santa  Clara 
township,  and  settled  on  the  property  now  owned  by  Peter  Doyle.  Here  he 
remained  five  years;  then  finding  that  the  land  belonged  to  a  Grant,  he  sold  it 
and  proceeded  to  Contra  Costa  county,  and  there  occupied  a  farm  until  1858. 
At  this  date,  he  returned  to  Santa  Clara,  purchased  a  place  near  where  now 
stands  the  Moreland  school-house,  and  there  dwelt  for  three  years.  Mr. 
Statler  now  moved  to  the  foot-hills,  in  Redwood  township,  and  lived  there 
two  years,  when  he  sold  out  and  again  established  himself  on  the  place  on 
which  he  had  originallv  settled  in  1850.  He  resided  on  it  until  1865,  in 
which  year  he  acquii-ed  his  present  property,  of  one  hundred  and  thirty  acres, 
and,  in  1875,  bought  one  hundred  and  thirty-nine  acres  adjoining  it  on  the 
south.  Married,  at  Santa  Clara,  May  13,  1858,  Mary  Moreland,  a  native  of 
Mi.ssouri,  by  whom  he  has  three  children,  viz.:  Martha  J.,  born  February  18, 
1860;  William  M.,  born  December  27,  1861;  Laura  M.,  born  April  10,  1876. 


BIOGRAPHIES — SANTA    CLARA   TOWNSHIP.  679 

Henry  H.  Warburton,  M.  D.  Whose  portrait  appears  in  this 
work,  Avas  boin  in  S.atlorJ.s'.iire,  Kii^Hand,  M  ly  '2:i,  1811),  where  he 
receive!  his  echication.  Having  studied  medicine,  he  practiced  seven 
years  with  his  fatlier,.  and  attended  lectures  ami  hospital  practice  at  the 
Loudon  Hospital  for  some  time.  On  June  1,  1844i,  he  left  for  tlie  United 
States,  arriving  in  New  York  on  the  9th  July.  After  practicing  in  that 
city  for  a  year,  the  doctor  removed  to  New  London,  Connecticut,  and  there, 
in  IS^o,  shipped  as  surgeon,  on  board  the  ship  Cored,  Captain  Hamst<>ad, 
aiul  in  her  remained  until  I8i7,  in  which  year  he  landed  in  San  Francisco, 
then  known  as  Yerba  Buena.  Not  long  after,  tlie  subject  of  our  sketch 
took  up  his  residence  at  Woodside,  San  Mateo  county,  at  that  time  .situated 
in  San  Francisco  county,  and  after  prosecuting  his  profession  there  lor  twelve 
months,  transferred  his  residence  to  Santa  Clara,  where  he  has  since  dwelt. 
Like  every  one  else,  Doctor  Warburton  took  a  turn  in  the  mines  during  the 
gold  fever,  digging,  trading  and  practicing,  being  absent  altogether  about 
seven  months.  He  has  also  farmed  on  the  Saciamento  river,  near  Chico, 
Butte  county,  but,  owing  to  the  inconvenience  of  periodical  floods,  the  doctor 
returned  to  the  Santa  Clara  valley,  where  he  at  present  owns  and  farms 
three  hundred  and  twenty  acres  near  the  town  of  Santa  Clara,  w  here  he  was 
the  first  medical  man  to  establish  himself.  In  1870,  the  doctor  retuined  to 
his  home  in  Betley,  England,  for  a  visit,  having  been  ab.sent  twent3'-six 
years.  He  was  received  with  great  demonstration,  by  relatives  and  frienils, 
feelinsx  almo.st  as  though  his  was  The  Prodisral's  return.  The  fdowinor 
accounts  given  of  our  Californ  a,  by  himself,  older  daughter,  and  step- 
daughter, Mrs.  R.  C  Blackraan  (who  accompanied  him),  induced  a  younger 
brother,  Doctor  James  P.  Warburton,  to  venture  to  this  State,  and  who  is 
establishing  quite  a  practice  in  San  Francisco.  Married,  in  San  Francisco, 
May  3,  1855,  Mrs.  Catherine  Fennel,  by  whom  he  has  five  children  living 
and  two  dead.  The  names  of  those  surviving,  are:  Caroline  A,;  Ellen  A.; 
John  G, ;  Charles  P.;  Henry  L. 

Joseph  Woodhams.  Boi-n  in  England,  October  23,  1803,  where  he  was 
educated  and  brought  up  on  his  father's  farm.  In  the  year  1827,  he  came  to 
the  United  States,  landed  in  the  city  of  New  York,  and  settled  in  West- 
chester county,  in  that  State,  where  he  followed  milling.  Mr.  Woodhams 
then  proceeded  up  to  the  North  river  to  Newsberg,  and  there  engaged  in  the 
same  occupation.  In  18i),  he  started  for  Cliile,  South  America,  and  there 
manaijed  a  lar^fe  mill  for  Burden  &  Co.  Here  he  remained  until  1850, 
when  be  came  to  California,  and  after  a  short  stav  in  San  Francisco,  came  to 
Santa  Clara  county,  and,  in  the  Fall  of  1850,  erected  a  little  dwelling,  which 
had  been  originally  built  in  New  Brunswick,  Canada.  Mr.  Woodhams  now 
occupies  it.     In  1852,  he  put  up  a  small  flour  mill,  run  by  eight  to  ten  horses 


680  HISTORY    OF    SANTA   CLARA   COUNTY,   CALIFORNIA. 

and  sold  the  flour  in  Santa  Clara  and  the  Redwoods.  He  resides  on  for- 
ty-five acres  of  an  original  squatter's  claim  (when  located,  it  was  supposed  to  be 
Government  land),  of  two  hundred  acres,  situated  about  two  miles  south-west 
of  Santa  Clara  City.  Mairied  Ann  Maurice.  His  children  are :  Maurice, 
born  March  23,  1880;  Alfred  R.,  born  May  30,  1832;  Oscar,  born  August 
17,  1837;  MaryE.;  and  Lucy  A. 

Charles  H.  Worthington.  Whose  portrait  appears  in  this  work,  was 
born  in  North  Carolina,  November  22,  1828,  When  twelve  years  of  age,  his 
parents  moved  to  LaFa3'ette  county,  Missouri,  where  his  father  followed 
farming,  the  subject  of  our  sketch  being  there  educated.  April  25,  1850,  he 
left  LaFayette,  for  California,  by  way  of  tlie  plains,  and  arrived  at 
Hangtown,  now  PJacerville,  July  16th,  of  the  same  year.  Like  every  one 
else  in  those  days.  Mi-.  Woithington  at  once  commenced  the  search  for  gold. 
He  first  mined  on  the  middle  fork  of  the  American  river;  then  he  prospected 
for  a  month  in  Grass  Valley,  Nevada  county;  after  which  lie  turned  towards 
Santa  Clara  county,  where  he  arrived  December  20,  1850,  and  located  at 
Mountain  View.  In  the  Summer  of  1853,  he  raised  a  crop  of  wheat  and 
potatoes,  this  being  his  first  experience  of  farming  in  California,  and  there 
continued  his  agricultural  pursuits  until  1859.  In  that  year  he  moved  into 
Santa  Clara  townshi]),  and  November  23d,  purchased  the  farm  on  which  he 
now  resides,  comprising  sixty  acres,  and  has  since  dwelt  there.  Married, 
October  18,  1855,  Margaret  Meador,  a  native  of  Jackson  county,  Missouri, 
by  whom  he  has:  Alice,  born  November  14,  1856;  Lucinda  Frances,  born 
October  18,  1858;  John  B.,  born  April  5,  1861;  Martha  Ellen,  born  Decem- 
ber 1,  1862;  Willet,  born  September  25,  1873;  Clara,  born  February  1,  1878. 


BIOGRAPHIES — SAN   JOSfi   TOWNSHIP.  681 


SAN   JOSE  TOWNSHIP. 


Professor  Charles  H.  Allen.  The  distinguislied  Principal  of  the  State 
Normal  School,  was  born  in  Mansfield,  TioL^^a  county,  Penns3'lvania,  Feb- 
ruary Jl,  1828.  Havinnr  received  hi.s  early  education  in  the  coininon 
schools  of  liis  native  district  he  entered  the  Condcrs])ort  Academy  in 
McKean  count}-,  whence  he  proceeded  to  Jamestown,  Cliautauqua  county, 
New  York,  and  commenced  teaching.  From  there  he  went  to  a  Nor- 
mal Class  in  the  Westfield  Academy,  and  after  subsequent  appoint- 
ments to  various  schools,  he  was  elected  Principal  of  the  Smethport 
Academy  at  Smethport,  McKean  county,  Pennsylvania,  a  position  he 
filled  for  three  years,  but  resigned  on  account  of  failing  health.  Mr. 
Allen  now  commenced  the  business  of  surveying  in  McKean  county,  Penn- 
sylvania, and  thus  continued  for  three  more  years,  when  he  was  cliosen  to 
fill  the  position  of  associate  Principal  of  the  Normal  School  at  Westcliester, 
Chester  county,  Penn.sylvania.  At  the  end  of  a  year  he  went  to  Wisconsin 
to  hold  a  series  of  teachers'  institutes  for  the  State,  and  after  some  months 
of  that  work,  was  appointed  agent  to  the  Regents  of  the  State  Normal 
Schools,  in  which  capacity  he  w^orked  for  nearly  two  years,  holding  institutes 
and  supervising  Normal  classes,  in  tlie  educational  institutions  in  the  State. 
At  the  close  of  this  period  he  opened  a  private  Normal  School  in  the  city  of 
Madison,  Wisconsin,  from  the  Principalship  of  which  he  was  elected  to  a  like 
office  in  the  Normal  department  of  the  State  University  of  Wisconsin,  where 
he  remained  three  years.  During  this  period  the  learned  professor  raised  a 
company  of  "a  hundred-days'  men,"  and  as  their  Captain  marched  them  to 
Memphis,  Tennessee,  but  this  function  he  abandoned  on  the  expiration  of 
service  time,  and,  being  honoiably  dischaiged,  returned  to  his  less  warlike 
duties  at  the  University.  Findintr  his  health  once  more  jrivinrj  way,  Mr. 
Allen  removed  to  Cincinnati,  Ohio,  and  for  six  months  was  enjjajied  in  the 
insurance  business;  but  being  called  to  the  Principalship  of  the  First  Normal 
School  of  Wisconsin,  he  aGrain  bv.;took  himself  to  the  halls  of  scholastic  life. 
Here  he  remained  five  years,  but,  at  the  expiration  of  these,  finding  his  health 
in  a  still  unsatisfactory  state,  he  resolved  to  try  a  radical  change  of  scene 
and  climate,  he  therefore  made  the  long  journey  to  Oregon,  and  as  head- 
master opened  the  Bishop  Scott  Grammar  School  in  the  city  of  Portland. 
However,  he  returned  to  Wisconsin,  and  was  engaged  for  a  year  there  a.s 


682  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

Institute  Agent,  from  which  he  was  called  to  the  Chair  of  Natural  Science 
in  the  State  Normal  School  of  California,  an  office  he  filled  until  March, 
1873,  when  he  was  elected  Vice-Princi[)al,  and  .subsequently,  in  August  of 
the  same  year,  to  the  high  an  I  onerous  position  of  Piincipal.  To  say  that 
Professor  Allen  is  eminently  qualified  to  fill  the  exalted  station  of  Chief  of 
Instructors  in  California  State  Normal  School  is  but  to  state  what  all  the 
country  already  acknowledges,  for  his  scholarly  attainments,  executive  aV)il- 
ity,  and  happy  disposition  make  him  especially  the  I'ight  man  in  the  right 
place,  while,  privately,  he  is  a  true  man  and  a  fast  friend.  Married,  June 
29,  ISo-t,  Abby  A.  Phelps,  a  native  of  Michigan,  and  has  living:  Jessia  G., 
Carl,  Hattie,  and  Dora. 

Robert  S.  Ammen.  Born  in  Shelby  county,  Tennessee,  March  30, 
1848.  He  received  his  eai'ly  education  in  his  native  district,  and  con)pleted 
his  training  in  St.  Louis,  Missouri,  after  which  he  became  a  druggist,  a  busi- 
ness he  has  followed  up  to  t'.ie  present  time.  In  1870  he  took  up  his  resi- 
dence in  the  State  of*  Arkansas,  and  there  remained  until  1878,  when  he 
came  to  San  Josd,  and  purchased  the  drug  stoi'c  at  No.  25G  First  .street. 
His  knowledge  of  medicine,  and,  after  a  long  study,  of  the  diseases  of  the 
lungs  and  throat,  led  him  to  make  alditions  to  an  old  German  formula  and 
to  the  manufacture  of  a  remedy  for  coughs  and  colds,  which  resulted  in  the 
production  of  "Ammen's  Cough  Syrup",  and  in  the  Spring  of  1880,  it  hav- 
ing pei  formed  so  many  remarkable  cures,  and  proved  to  be  a  medicine  of 
such  great  benefit  to  mankind,  induced  him  to  put  it  on  the  market  for  gen- 
eral sale,  and  it  may  now  be  found  for  sale  by  all  Druggists  and  Dealers  in 
Medicines  on  the  Pacific  Coast.  McKesson  &  Robbins,  New  York,  are  the 
Wholesale  Eastern  Agents.  Married,  December  22,  18G9,  I.'-abella  Lynch, 
and  has:  William  L.,  born  October  10,  1870;  Murtiy,  born  January  5,  1873; 
Robert  S.,  Jr.,  born  February  14,  187G;  Nora,  born  July  22,  1878. 

Philip  Anderson.  Born  in  Aberdeen,  Scotland,  February  19,  1839. 
When  fourteen  years  of  age  he  came  to  New  Brunswick  and  learned  the 
trade  of  machinist.  In  1833  he  made  the  voyage  to  California  via  Panama, 
and  after  a  year's  residence  in  San  Francisco  woi'king  at  his  trade,  he  re- 
moved to  Santa  Clara  county  and  went  to  work  in  the  blacksmith  shop  at 
Berreyessa.  At  the  end  of  a  twelvemonth  he  purchased  a  half  interest  in  the 
concern  which  he  and  his  partner,  Thomas  Beck,  still  conducts.  Mr.  Anderson 
has  been  three  years  a  School  Trustee.  Married,  at  Sacramento,  April  10, 
1869,  R.  J.  Cachile,  a  native  of  Sackville,  New  Brunswick^  by  whom  he  has 
five  children,  viz.:  Margaret  A.,  born  March  10,  1870;  William  W.,  born 
July  4,  1871;  Mabel  V.,  born  November  26,  1872;  Leslie  C,  born  October 
28,  1877;  Ro.scoe,  born  November  22, 1879. 


BIOGRAPHIES — SAN   J0S6   TOWNSHIP.  683 

Robert  Anderson.  Born  in  Philadelphia,  Pennsylvania,  February  14, 
ISLS,  and  was  educated  in  Livinj^ston  county,  New  York,  whither  his  par- 
ents had  moved.  The  family  subsequently  transferred  their  residence  to  the 
States  of  Michigan  and  Indiana,  and  finally  permanently  located  in  Kenosha 
county,  Wisconsin,  when'  the  sulject  of  this  sketch  remained  until  1850, 
when  he  proceeded  to  California,  returning,  however,  to  Wisconsin  in  the 
following  year.  Coming  back  to  this  State  he  stayed  two  years  and  once 
more  proceeded  to  Wisconsin.  In  1800  he  settled  in  San  Francisco,  and 
came  to  San  Jos^,  Santa  Clara  county,  in  August,  1861,  where  he  has  since 
resided.  Dr.  R.  Anderson  is  an  oculist  and  acquired  his  profession  in  Wis- 
consin, since  when  he  has  been  in  continuous  practice.  Urtiiie  in  Lightston 
Block,  Santa  Clara  street.  Married,  January  27,  1849,  Miss  H.  McDonald,  a 
native  of  Erie,  Pennsylvania,  and'has:  Karl,  born  in  Kenosha  county,  Wis- 
consin, February  2,  18-')4;  Maul,  born  in  Santa  Ciara  county,  California, 
April  5,  1868.     All  residents  of  San  Josd,  Santa  Clara  county,  California. 

John  L.  Auzerais.  The  subject  of  this  sketch  was  born  in  Benzeville 
(Eure)  in  Normandy,  of  Jean  Auzerais  and  Aimee  F.  Beaudoin,  November 
SO,  1822,  and  received  his  education  in  his  native  country.  December  13, 
1849,  he  sailed  from  Brest,  France,  in  the  ship  La  Durance,  for  Valparaiso, 
Chile,  where  he  remained  about  one  year  and  a  half,  at  the  end  of  which 
time  he  came  to  California  in  the  ship  Lisia,  Captain  Barbasan,  arriving  in 
San  Francisco  January  6,  1852.  On  the  8th  he  came  to  San  Jose',  joined 
his  brother,  Edward  Auzerais,  in  business,  and  has  since  made  his  home  in 
that  city.  Married,  February  15,  1858,  Miss  Louise  Prevost,  a  native  of 
Quebec,  Canada.  By  this  union  there  have  been  born  six  childien,-two  of 
whom  are  deceased.  Tliose  living  are:  John  E.,  boin  May  13, 1860;  Louis F., 
born  February  17,  1862;  Raoul  A.,  born  March  28,  1873;  Louise  A.,  born 
June  28   1875. 

Joseph  Awbrey.  Born  in  St.  Charles  county,  Missouri,  June  3,  1829. 
At  ten  yeai'S  of  age  he  moved  with  his  parents  to  Linn,  and  there  resided  on 
a  farm,  until  1850,  in  April  of  which  year  he  started  with  ox-teams  across 
the  plains  for  California  and  ariived  in  September.  His  first  four  years 
were  pissed  in  the  mines  at  Nevada  City  where  he  had  fair  success;  he  then 
came  direct  to  Santa  Clara  county,  and  settled  on  the  ranch  he  now  occupies 
comprising  tliree  hundred  acres.  Married,  at  Grass  Valley,  April  6,  1854, 
Mrs.  Susan  Pruett,  a  native  of  Kentucky,  and  has  two  sons  and  one 
daughter,  Francis  M.,  born  in  California  September  26,  1856;  Thomas,  born 
in  (L'alifornia  September  20,  1858;  Lizzie,  born  in  California  March  3,  1860; 
he  also  has  three  step-sons  and  one  step-daughter,  William,  born  in 
Missouri  September  23,  1845;  Mary  Ann,  born  in  Missouri  August  10,  1847; 


684  HISTORY    OF   SANTA   CLARA    COUNTY,    CALIFORNIA. 

Joseph,  born  in  Missouri  June   23,   1849;    and    James   E.  Pruett,  born  in 
Calilornia  November  15,  1851. 

Rev.  G.  R.  Baker  (Deceased).  The  subject  of  this  sketch,  the  father 
of  Senator  George  F.  Baker  of  Santa  Clara  county,  was  born  in  Westmore- 
land county,  Pennsylvania, May  1, 1825.  When  of  a  tender  age  he  accompanied 
his  parents  to  Ohio,  settled  near  Delaware,  there  received  his  early  education, 
and  afterwards  entered  the  Ohio  Wesleyan  University  in  that  place.  After 
remaining  there  some  time,  he  left  on  account  of  lack  of  means,  and  for 
some  years  taught  school,  but  subsequently  engaged  in  business  in  Cincin- 
nati, where,  on  November  7,  1848,  he  married  Miss  Maria  C.  McCracken,  a 
native  of  Pennsylvania.  Here  Mr.  Baker  continued  for  some  years,  but  owing 
to  failing  health  and  after  a  twelvemonths'  residence  at  Xenia,  in  Ohio,  he 
came  to  California  by  ^way  of  the  Isthmus  of  Panama,  sailing  from  New 
York  January  1,  1857,  and  arriving  at  San  Francisco  on  the  31st  of  the 
same  month.  Mr.  Baker  for  the  first  five  3'ears  of  his  stay  in  this  State  was 
a  resident  of  Marysville,  Yuba  county,  and  ibr  a  couple  of  years  was  there 
engaged  in  teaching.  While  a  resident  of  this  town,  about  1858,  he  first 
comruenced  to  preach,  feeling  that  such  was  his  proper  calling,  for  which  his 
life  of  singular  purity  eminently  fitted  him.  For  several  years  he  was  agent 
of  the  California  Chi'istian  Advocate.,  the  organ  of  the  Methodist  Episcopal 
Church  of  this  coast.  In  1861-2  he  had  charge  of  the  Marysville  circuit,  and 
while  there  built  the  famous  "Bethel"  at  the  North  Buttes,  in  Sutter  county. 
In  the  Summer  of  1862  he  formally  joined  the  Conference  of  the  Methodist 
Episcopal  Church,  and  was  stationed  at  North  San  Juan,  Nevada  county, 
where  he  remained  two  years,  during  which  the  membership  doubled  and  a 
church  and  parsonage  were  built.  In  the  Fall  of  1864  at  the  Conference 
held  at  San  Francisco,  Mr.  Baker  was  appointed  agent  of  the  University  of 
the  Pacific,  at  Santa  Clara,  which  was  then  in  rather  a  declining  state. 
With  his  wonted  activity  and  fixity  of  purpose  he  put  his  shoulder  to  the 
wheel  and  soon  the  millstone  of  debt  was  removed  from  the  neck  of  the 
college.  With  him  originated  the  idea  of  acquiring  the  tract  of  land  on  which 
the  institution  stands,  laying  it  out  in  lots,  and  putting  them  up  for  sale. 
By  this  means  a  large  amount  of  money  was  raised,  the  incumbrances 
swept  away,  and  the  Univer-sity  of  the  Pacific  placed  on  a  firm  financial 
basis.  Mr.  Baker  remained  at  his  post  until  his  death  on  October  29,  1869. 
He  is  well  and  pleasantly  remembered  throughout  the  country.  His  family 
consists  of  George  F.,  one  of  the  Senators  from  Santa  Clara  county;  Charles 
W.,  now  a  resident  of  Cincinnati;  and  Lulu  K.,  who  resides  with  her  mother 
in  San  Jose. 

Senator  George  F.  Baker.     The  oldest  son  of  the  Rev.  G.  E.,  and  Maria 
C.  Baker,  was  born  in  Cincinnati,  Ohio,  on  September  15,  1849.     In  May, 


BIOGRAPHIES — SAN   JOSlfi   TOWNSHIP.  C85 

IS')?,  be  arrived  in  California  and  proceeded  to  Marysville,  Yuba  county, 
wliere  be  resided  until  18(52,  wben  be  entered  the  University  of  the  Pacific 
near  Santa  Clara,  an«l  remained  there  at  intervals  for  eight  years.     In  the  year 
1868  be  traveled  through  a  great  portion  of  the  Eastern  States,  and  after  his 
ictmii  to  tliis  State  taught  school  and  studied  law.     In  the  Summer  of  1871 
he  was  appointed  Piincipal  of  the  Santa  Clara  High  School,  and  in  June  of 
the  same  )'ear  was  nominated  by  tbe  Republican   party  for  the  office  of 
County  Superintendent  of  Schools,  to  which  he  was  elected  in  the  following 
September.     He  then  resigned  bis  position  of  Principal,  and  witb  the  duties 
of  bis  new  office  continued  his  legal  stmlies  until  h(i  was  admitted  to  pi-actice 
before  tbe  Supreme  Court  in  October,  1872.     Mr.  Baker  held   tbe  otfije  of 
County   Superintendent  of  Schools  until   March,  J 874,  wben   be  moved  to 
San   Francisco  and  commenced   tbe  practice  of   law  in  that  city.     In  June, 
187o,  however,  be  had  brought  bis  first  suit  in  the  case  of  Thomas  Rea  of 
Gilroy  against  tbe  Southern  Pacific  Railroad  Company.      This    case    was 
closed  up  in  May,  1874,  and  with  the  fee  thus  earned  Mr.  Baker  purchased 
an  interest  in  a  mine,  which  he  afterwards  sold  to  good  advantage.     He  vis- 
ited   tbe    Centennial    Exposition   in    1876,    returned    to   tbe    Pacific    coast, 
arranged  bis  affairs,  and  took  a  trip  to  Europe,  being  absent  one  year.     In 
1878  he  resumed  bis  residence  in  San  Josd.     In  1879  be  was  nominated  by 
tbe  Republican  party  for  tbe  State  Senate,  and  in  tbe  following  September 
was  duly  elected.     At  tbe  first  session  thereafter  be  was  unanimously  chosen 
President  j5ro  tem.,  of  that  Body.     At  the  Convention  of  tbe  Republican  party, 
held  at  Sacramento  in  April,  1880,  be  was  their  Pi-esident,  a  position  in 
which  he  acquitted  himself  with  marked  ability.     Mr.  Baker  has  done  excel 
lent  work  for  his  constituents   while  in  the  Senate;  some  of  his   speeches 
before  tliat  august  body  have>been  marked  by  forcible  language,  clear  diction 
and   effective  oratory,  while   it  may   be   safely  assumed   that   it   is    mainly 
through  his  efforts  that  the  appropriations  w^ere  made  to  effect  tbe  location 
of  the  State  Normal  School  once  more  in  the  Garden  City  of  California. 

Samuel  Alphonso  Barker.  Born  in  Kennebec  county,  Maine,  July 
26,  1833,  where  he  received  his  education,  and  in  tbe  Spring  of  1854  entered 
upon  the  study  of  law  in  tbe  othceof  Judge  Josiah  H.  Drummond,  since  At- 
torney-General of  that  State.  Mr.  Barker  was  admitted  to  practice  his  pro- 
fession before  the  Supreme  Court  of  Maine,  June  15,  1857,  and  continued 
such  until  he  left  for  California.  He  arrived  in  San  Francisco  November 
12,  1867,  and  coming  direct  to  Santa  Clara  county,  opened  a  law  office  in 
San  Jose,  in  tbe  building  where  now  is  situated  tbe  First  National  Bank, 
where  be  remained  five  years,  then  moved  to  bis  present  location,  rooms 
No.  1()  and  17,  Bank  of  San  Jose  Building.  Mr.  Barker  was  admitted 
to  tbe  Supreme  Court  of  California,  and  to  the  United  States  District  Court 


686  HISTORY    OF   SANTA   CLAEA    COUNTY,    CALIFORNIA. 

on  production  of  his  certificate  of  admission  to  tlie  Bar  of  Maine.  His  resi- 
dence is  on  Clay  street,  East  San  Jose.  He  married,  April  5,  1858,  Sarah 
E.  Parshley,  a  native  of  Maine,  and  has  three  children:  Charles  A.,  (now  a 
Deputy  County  Clerk)  born  January  16,  1859  ;  Frank  P.,  born  August  17, 
18G0;  Alfred,  born  July  30,  1869. 

Tyler  Beach.  Born  in  Warren  county,  New  Yoik,  September  29, 1832. 
When  tive  years  of  age  he  was  taken  by  his  parents  to  Saratoga  county, 
in  the  same  State,  and  thence,  in  May,  1845,  to  Walworth  county,  Wiscon- 
sin; afterwards,  in  1847,  to  Columbia  county,  Wisconsin,  whence  he  started 
for  California  in  November,  1853.  Coming  by  way  of  Nicaragua,  he 
landed  in  San  Francisco  in  Februar}^  1854.  He  proceeded  to  San  Jose, 
Santa  Clara  county,  where  he  ai  rived  April  18,  1854,  and  after  paying 
attention  to  farming  for  a  short  time  commenced  the  business  of  an 
artesian  ^well-borer,  which  he  followed  for  two  years.  In  the  year  1801  he 
started  an  ice  trade  in  San  Jos^  and  prosecutes  that  calling  up  to  the 
present  time,  besides  whicli  he  owns  a  wood  and  coal  yard  on  St.  John  street. 
Mr.  Beach  was  the  first  to  branch  out  in  that  busine.ss  in  San  Jos^.  He  is 
the  owner  and  proprietor  of  the  St.  James  Hotel,  a  house  which  possesses 
every  comfort,  overlooks  St.  James  square,  and  commands  a  fine  view  of  the 
eastern  hills.  Married,  April  3,  1861,  Martha  Ann  Smith,  a  native  of  Iowa, 
and  has:  Sylvia  E.,  born  May  12,  1862;  George  H„  born  January  11,  1864; 
William  H.  S.,  born  May  9,  1867;  Charlei.  S.,  born  January  12,  1869; 
James  T.,  born  September  10,  1872  ;  Henry  S.,  born  March  24,  1876;  Sarah 
A.,  born  September  27,  1879. 

Hon.  David  Belden.  One  of  the  Judges  of  the  Superior  Court  of  Santa 
Clara  county,  was  born  in  Newtown,  Fairfield  county,  Connecticut,  August 
14,  1832.  In  the  year  1853  he  came  to  this  State  and  at  once  entered  upon  the 
practice  of  law  at  Nevada  City,  Nevada  county.  In  the  Fall  of  1859  was  elected 
County  Judge  of  Nevada  county,  for  a  term  of  four  years.  In  the  year  1865 
he  was  elected  State  Senator  and  represented  Nevada  county  in  the  State  Sen- 
ate for  the  two  succeeding  sessions.  In  the  Fall  of  1869,  Judge  Belden  removed 
to  the  city  of  San  Jos^  and  entered  upon  the  practice  of  his  profession  in  the 
Court  of  Santa  Clara  county.  Upon  the  creation  of  the  Twentieth  Judicial 
Disti'ict,  in  1871,  he  was  appointed  Judge  of  that  Court  then  comprising  the 
counties  of  Santa  Clara,  Santa  Cruz  and  Monterey,  and  to  which  was  sub- 
sequently added  the  county  of  San  Benito,  and  in  the  year  1873  was  elected, 
without  opposition,  to  the  same  position,  and  continued  in  it  until  the  adoption 
of  the  new  Constitution.  Under  the  judicial  system  created  by  this  change 
Judge  Belden  was  elected  one  of  the  Judges  of  the  Superior  Court  of  Santa 
Clara  county,  an   office  which  he  still  discharges  with  unswerving  fidelity 


BIOGRAPHIES — SAN   JOS^    TOWNSHIP.  G87 

to  tlie  ]iigl\  trust  imposod   upon  hitn.     Married,  April  21,  18G1,  in  Nevada 
City,  Elizabeth  C.  Farrull,  a  native  of  New  Jersey. 

Colonel  A.  G.  Bennett.     Tlie  suLjoct  of  our  present  narrative,  was  born 
in  Oneida  county.  New  York,  May  i:J,  i^'Mi.     When  eighteen  years  of  age,  he 
moved   to   Oswego,  and   there   learned  the  trade  of  caipenter.     In    ISCO,  he 
moved  to  Jersey  City,  New  Jersey,  but  in  the  month  of  May,  in  the  lollow- 
ino-  year,  returned  to  Oswego,  and  there  raised,  foi-  seivice  in  the  war,  Com- 
pany B,  of  the  Eighty-tir.st   New  Yurk  Infantry,  being  promoteil  to  a  Cap- 
taincy one  month  thereafter.     The  regiment  pioceeding  to  Washington,  was 
assioned  to  the  Fourth  Army  Corps,  of  tlie  Army  of  the  Potomac,  ami  served 
under  McClellan,  through  the  Peninsular  Campaign.     The  campaign  ended 
they  returned  and  camped  at  Yoiktown.      In  December,  1SG2,  Colonel  Ben- 
nett was   assigned  to  the    Eigliteenth    Army  Corps,  and  proceerled  to  Port 
Royal.  South  Carolina.      While  here,  our  subject  ottered  his  services  to  Gen- 
eral Hunter,  to  command  a  colored  corps,  which  being  accepted,  he  rai-ed  the 
Twenty-first  United   States  Colored   Regiment,  ami  commanded  it  for  three 
years.     Colonel  Bennett  served  throuufh  the  campaigns  of  South  Carolina, 
Floi-ida,  and   Georgia,  and  was  subsequently  in  command  of  Morris  Island, 
until  the  evacuation  of  Charleston,  by  General  Hardee,  February  17,  1865. 
The  foUowinof  mornino-,  the  18th,  the   Colonel  coming  to  the  conclusion  that 
the  enemy  had  taken  his  departure  from  the  city,  placed  himself  on  board  a 
small  boat,  and  with  only  the  crew  and  escort,  at   ten  o'clock  that  forenoon, 
landed  in  Charleston,  raised  the  United   States  flag,  took   command  of  tlie 
place,  and   received  its    surrender  from  the  banns  of  the    Mayor.     He  was 
mustered  out,  April  2o,  18GG,  at  Charleston,  South  Carolina,  settled  atRouse- 
ville,  Venango  county,  Pennsylvania,  and  ri sided  there  six  months;  thence 
he  removed  to  South  Carolina,  and  engaged  in  the  lumber  trade  for  twelve 
months;  afterwards  he  resided  in  Jersey  Cicy,  Hudson  county,  New  Jersey, 
where  he  was  in  the  furniture  trade.     In  1875,  he  came  to  Califoinia,  and  in 
partnership   with   his   brother,  embaiked   in  the  same  business  in  San  Jose, 
Santa  Clara  county.     The  gallant  Colonel  is  now  a  member  of  the  San  Josd 
Furniture   Manufactuiing   Company.     Married,  March   13,   18G7,  Mary  E., 
daughter  of  Rev.  E.  W.  Jones,  a  native  of  New  \''ork. 

Samuel  A.  Bishop.  The  subject  of  this  biography,  one  of  the  best- 
known  gentlemen  in  the  Garden  City  of  California,  first  saw  the  light  of 
day  in  Albemarle  county,  Viiginia,  Septembtr  2,  1825.  Ten  years  later, 
his  parents  moving  to  Moritgomery  county,  Missouri,  he  accompanied  them 
tliither,  there  attended  sehcol  and  resided  unlil  1846,  Mhen  the  family 
Changed  their  domicile  to  Calloway  county,  in  the  same  State.  Mr.  Bishop, 
although  brought  up  a  larmer,  eaily   evinced   a   taste   for  mechanics   which 


688  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

develo2:)ed  iuto  his  liuikling  a  mill  in  Calloway,  while  working  at  various 
trades  such  as  wagonmaking,  engine-constructing,  etc.  When  here  engaged 
with  his  tools  and  leading  a  not  very  eventful  life,  the  world  was  shaken  to 
its  center  by  the  wild  excitement  consequent  on  the  discovery  of  gold.  Who 
that  experienced  the  meteoric  hopes  of  that  time  can  ever  forget  them  ' 
Our  subject  was  not  to  be  behindhand.  To  the  land  of  gold  was  his  slogan; 
it  occupied  his  thoughts  by  day  and  his  dreams  by  night;  to  the  New  Dorado 
then  was  he  bound.  On  April  15,  1849,  he  started  from  Calloway  to  under- 
take the  little-known  journey  across  the  plains  with  ox-teams.  The  route 
chosen  was  that  by  iSanta  Fe'  in  New  Mexico,  thence  along  the  Colorado  river 
to  a  point  near  El  Paso,  from  which  he  followed  Cook's  route  to  Tucson, 
Arizona  Territory,  thence  to  the  Gila  river,  where  Fort  Yuma  now  stands, 
and  on  into  California.  But  this  long  journey  was  not  without  its  mishaps. 
At  the  point  now  occupi,ed  by  Fort  Yuma,  the  wagons  and  teams  were 
abandoned,  and  Mr.  Bishop  obliged  to  shoulder  his  blankets,  pick  and  shovel, 
and  march  across  the  burning  desert,  finally,  foot-sore,  weary,  but  undis- 
mayed, reaching  Los  Angeles,  October  8,  1849.  Here  remaining  but  a  short 
time  to  recuperate,  he  once  more  shouldered  his  pack,  took  the  route  for  the 
Mariposa  mines,  where  he  soon  arrived  with  a  hundred  pounds'  weight  on 
his  back,  after  performing  a  journey  on  foot  of  over  seven  hundred  miles. 
The  Summer  of  1850  Mr.  Bishop  passed  on  the  Stanislaus  and  Merced  rivers, 
his  time  being  occupied  chiefly  in  building  dams  to  tuin  the.se  streams  .so  as 
to  gain  the  wealth  supposed  to  lie  concealed  in  their  beds;  but  how  uncertain 
are  the  ways  of  events,  the  month  of  September  arrived  and  with  it  an  un- 
expected storm,  the  rivers  rose,  the  dams  were  swept  awa}',  the  work  was 
abandoned,  and  the  gold  at  their  bottom  consigned  to  oblivion.  But  in 
those  times,  as  in  these,  to  lie  a  day  idle  was  to  lose  the  chance  of  success. 
Mr.  Bishop  therefore  shifted  his  camp  to  Mariposa  there  intending  to  pursue 
his  search  for  the  precious  metal,  but  the  hostilities  known  to  history  as  the 
Mariposa  war  breaking  out,  the  subject  of  our  sketch  forsook  the  shovel 
for  the  rifle,  the  pick  for  the  bayonet,  and  was  one  of  the  first  to  enlist — 
February  10,  1851 — in  the  battalion  raised  by  James  Burney,  but  com- 
manded by  Major  James  D.  Savage.  The  corps  consisted  of  three  companies, 
A,  B,  and  C,  respectively  under  Captains  John  J.  Kii'kwood,  John  Bowling, 
and  William  Dill.  Bishop  was  elected  Orderly  Sergeant  of  Company  C 
which  he  commanded  nearly  all  the  time  they  were  under  arms  owing  to  the 
absence  of  Captain  Dill.  The  entire  battalion  at  once  moved  in  pursuit  of 
the  hostile  redskins,  overtook  and  captured  a  band  of  them  on  the  Merced 
river,  followed  the  remainder  into  the  Yosemite  valley,  and  there  took  pri- 
soner the  great  chief  Yosemite  himself.  It  may  be  well  here  to  note  that 
the  entry  of  the  battalion  into  this  now  famous  resort,  was  the  first  appear- 
ance of  white  men  in  that  valley.     After  this  engagement  and  capture,  the. 


BIOGRAPHIES — SAN    JOSfi   TOWNSHIP.  689 

corps  Avas  ninstered  out  of  tlie  service,  and  the   fullowing  (li.^cliarge  given   to 
Mr.  Bishop:— 

"State  of  California,) 
"  Mariposa  County.        j 

"This  is  to  certifv  that  Scrtreant  Samuel  A.  Bishoi)  was  mustered  into  the 
service  of  the  State  of  Califninia  as  a  volunteer  in  Company  C,  of  California 
Battalion,  commanded  by  Major  James  D.  Savage,  on  the  tenth  day  of  Feb- 
ruary, 1851,  and  has  faithfully  performed  the  duties  of  First  Sergeant  of 
Company  C,  to  this  date;  and  that  he  is  this  day  honorably  discharged. 
Given  under  our  hands  this  1st  day  of  July,  1851. 

"Wm.  Dill,    Captain  Commanding  Company  C. 

"M.  B.  Lewis,  Mustering  Officer.'" 

After  the  events  above  narrated,  Mr.  Bishop  engaged  with  James  D. 
Savage,  his  old  Commander,  and  L.  D.  Vincent  Hailer,  as  a  mechanic  and 
general  manager  of  their  business.  In  the  year  1852  Major  Savage  was 
killed  in  an  altercation  with  Major  Harvey,  when  Mr.  Bishop  was  admitted 
into  the  firm,  togethsr  with  Dr.  Lewis  Leach,  under  the  style  of  Leach  &  Co., 
the  business  of  Indian  traders  being  conducted  on  the  reservation  established 
by  the  Government  on  the  Fresno  river.  Here  he  had  the  entire  control  of 
the  Indians,  until  General  Edward  F.  Beale  was  appointed  by  President 
Fillmore,  Superintendent  of  Indian  affairs  in  California.  In  the  following 
year,  determining  to  move  the  Indians,  the  Genei-al  employed  our  subject  to 
conduct  them  to  the  San  Joaquin  river  where  they  were  established  at  the 
point  at  which  the  Southern  Pacific  Railroad  now  crosses  that  stream.  He 
was,  however,  instructed  to  transfer  them  to  the  Tejon,  near  the  pass  in  the 
mountains  of  that  name,  on  which  place  they  were  located,  December,  1853, 
and  in  the  following  year  a  large  crop  was  raised  by  Mr.  Bishop,  with  Indian 
aid  alone.  In  the  same  year  the  subject  of  our  memoir  contracted  to  con- 
struct a  military  road  from  the  Colorado  river  atBeale's  Crossing  (near  Fort 
M  )jave),  through  Arizona  Territory  into  New  Ma.Kico,  an  extremely  hazardous 
undertaking,  when  the  geographical  difficulties  and  the  hostility  of  the  Indians 
are  taken  into  account;  indeed,  so  determined  was  the  enmity  of  the  abori- 
gines along  the  line  of  the  Colorado  and  within  the  borders  of  Arizona,  that  the 
Government  dispatched  a  force  of  one  thousand  United  States  troops  to  bring 
matters  to  a  peaceful  issue.  These  were  sent  from  San  Francisco  by  steamer, 
ma  the  Gulf  of  California,  to  Fort  Yuma,  thence  by  land  and  light-draft  steam- 
boats to  Beale's  Crossing,  where  several  immigrants  had  been  massacred  during 
the  previous  year,  and  at  which  place  it  w^as  hoped  the  enemy  would  be  come 
upon.  Knowing  of  this  expedition,  Mr.  Bishop  completed  his  arrangements  so 
that  he  should  arrive  at  the  Crossing  at  the  same  time  as  would  the  soldiers,  and 
have  their  protection  in  fording  the  river,  but,  els  ill-luck  would  have  it,  he  got 

44 


GOO  HISTORY    OF    SANTA   CLAEA    COUNTY,    CALIFORNIA. 

there  a    month    ahead  of  them  and  was   forced,   unguarded,   to    cross    the 
swift-running    stream    with    his  party   of   forty-two    men,  besides   twenty 
camels,  and  trains  of  wagons  and   pack-mules,   loaded   with  the  necessary 
pabulum  for  an  expedition  the  like  of  which  he  was  undertaking.     While 
making  their  way  to  ihe  opposite  bank,  the  Indians  attacked  them,  compelled 
a  return  to  the  shore  and  forced  their  retreat  to  Beaver  lake,  two  miles  dis- 
tant, where  they  called  a  halt,  and  fortified  themselves  in  the  following  man- 
ner:    The  wagons  were  drawn  up  in   line,  about   fifty  yards   from  the  lake, 
and  pai-allel  thereto,  forming  a  breast-work,  to  repel  attack   from  the  direc- 
tion of  the  plain;  the  broad  sheet  of  water  was  kept  to  the  rear,  which,  on 
either  flank,  was  connected  by  a  ditch,  four  feet  in  depth,  thus  forming  an 
inclosure  wherein  was  ample  security  for  life  and   property,  and  sufficient 
fodder  for  the  animals.     Here,  then,  did  these  wayfarers,  with  rifle,  shotgun 
and  revolver,  await  the  attack  of  iuU   fifteen  hundred    savages.     When  the 
Indians  fell  upon  them  they  were  received    with  a  withering  fire;  on  each 
succeeding  morn  was  the  attack  renewed,  nor  did   their   determination  lax 
until  the  seventeenth  day,  when  a  flag  of  truce  was  sent  in  to  Mr.  Bi.^hop's 
camp,  with  the  request  that  a  council  of  war  be  held,  when  an  armihtice  was 
declared,  and  our  hero  permitted  to  proceed  on  his  way,  which  was  done,  he 
meeting  his  partner,  E.  F.  Beale,  at  the  San  Francisco  mountain,  in  Arizona^ 
two  hundred  and  fifty  miles  east   of  the    Colorado  mountain.      They  now 
retraced    their    steps    to    the    Crossing,    where    they    met    the  troops,  to 
whom    was  left   no    share    of    the  fighting,  the  enemy    having   had   quite 
enough  of    that   kind  of    luxury  a  month   previously  departed    for    parts 
unknown.       This    expedition,    so  bereft    of    glory    to   the  army,    cost    the 
nation  four  hundred  thousand   dollars ;  the  brunt  of  battle  and  the  sinews 
of  war  were  borne  by  Mr.  Bishop  alone.       Having   purchased    the   Castec 
Grant,  in  the    northern  portion  of    Los  Angeles  county,   upon    which  was 
located  the  military  post  of  Fort  Tejon,  the  subject  of  our  narrative  entered 
into  an  agreement  with  the  Government,  the  conditions  of  which  were  that 
he  should  deed  to  the  United  States  one  mile  square  of  the  land  on  which 
the  post  w^as  situated,  to  be  held  for  military  purposes,  so  long  as  it  should 
be  deemed  necessary,  upon  the  lapse  of  which,  then  the  lands,  together  with  all 
improvements  upon  them,  should  revert  to  the  owner,  for  the  reason  that 
Fort  Tejon,  when  first  located,  in  the  Fall  of  18G4,  was  supposed  to  be  upon 
public  land,  but  was  subsequently  found  to  be  on  the  Castec  Grant,  made  by 
the  Government  of  Mexico  to  Jose  Corvarubias,  of  Santa   Barbara  county, 
but  the  title  was  not  yet  confirmed  by  the  Government  of  the  United  States 
of  America.     In  the  meantime,  while  the  matter  of  title  was  pending  in  the 
Supreme    Court   of  the    United    States,   Mr.    Bishop  entered  into  negotia- 
tions for  the  purchase  of  said  ranch  with  one  Albert  Packard,  of  Santa  Barbara, 
who  had  previously  purchased  of  the  grantee,  and  finally  consummated  the 


BIOGRAPHIES — SAN    JOSI^    TOWNSTITP.  691 

purchase,  soon  after  conHnnation  of  tlie  title,  in  the  latter  part  of  the  year 
1869.  In  the  year  18G0  and  l>S(il,  after  tlie  discovery  of  the  Conistock  lode, 
in  Nevada,  Mr.  Bishop  established  a  hranch  of  his  ranch  and  stock  opera- 
tions on  a  tributary  of  Owen's  river,  now  in  Inyo  county,  California,  so  as 
to  be  convenient  to  the  market  for  his  beef  for  that  new  mining  country, 
but  the  Indians  made  -war  ujxjii  the  few  white  settlers,  killing  a  nuniV)er  and 
appropriating  their  stock  to  themselves,  bui-ning  their  houses,  etc.  There  is 
a  village  now  upon  the  range  that  Mr.  Bishop  had  taken  up  known  by  the 
name  of  Bishop  Creek,  and  is  the  post-office  of  that  part  of  the  country- 
On  the  outbreak  of  the  Rebellion  the  troops  were  ordered  to  the  seat  of  war 
and  the  post  abandoned  ;  the  premises  with  the  keys  thereof  were  handed  to 
Mr.  Bishop,  in  accordance  with  the  agreement,  who  suddenly  found  himself 
the  possessor  of  a  ready-made  village  of  fine  houses,  but  no  inhabitants  to 
occupy  it.  With  that  keen  intelligence  which  has  earned  for  him  his  high 
position  among  men  of  business,  Mr.  Bishop  conceived  the  idea  that  a  new 
county  could  be  formed  out  of  the  northern  portion  of  Los  Angeles,  the  east- 
ern part  of  Santa  Barbara,  and  the  southern  section  of  Tulare,  thus  creat- 
ing a  public  boom,  while  by  the  donation  of  his  buildings  for  county  pur- 
poses, such  as  Court  House,  Jail,  Hosjntal,  etc.,  a  county  seat  would  be 
found  complete  in  its  chief  requirements  and  a  benefit  be  conferred  .upon 
himself  individually.  To  this  end  he  caused  a  petition  to  be  circulated, 
setting  forth  the  advantages  of  such  a  project,  and  the  fact  of  a  read\^-made 
capital,  which  met  with  very  general  approval.  This  he  took  to  the  Legis- 
lature, and  upon  the  strength  of  its  generous  endorsement  by  the  public,  a 
bill  was  passed  ci'eating  a  new  county  to  which  the  name  of  Kern  was  given. 
In  the  year  18G5  the  government  of  the  county  was  organized,  and  the  usual 
elections  for  officials  and  the  establishment  of  a  county  seat  called.  Mean- 
while a  great  excitement  broke  out,  and  thousands  of  people  were  attracted 
to  the  mountains  near  Kern  river,  therefore,  when  the  election  took  place, 
the  majority  located  the  seat  of  county  government  at  the  spot  which  had 
been  named  Havilah,  and  thus,  as  so  often  happens,  the  lesser  mind  reaps 
the  advantaeres  while  the  greater  intellect  is  left  to  start  afresh  in  some  new 
field  of  laboi\  Upon  the  organization  of  the  new  county  Mr.  Bishop  was 
chosen  one  of  its  Supervisors,  an  office  he  resigned  in  the  Fall  of  18G6,  when 
he  left  for  a  visit  to  the  Atlantic  States,  and  on  his  return  to  California, 
with  his  family,  took  up  his  residence  at  San  Jose  in  April,  1807,  since 
when  his  career  has  been  a  portion  of  the  history  of  Santa  Clara  county.  In 
the  month  of  February,  1808,  he,  with  others,  obtained  a  franchise  to  con- 
.structthe  San  Jose  and  Santa  Clara  Horse  Railroad,  a  history  of  which  will 
be  found  on  page  o31  of  this  volume;  In  1870  he  became  interested  in  the 
San  Jos^  Savings  Bank,  being  afterwards  for  several  years  the  Vice-Presi- 
dent of  that  institution;  in  that  same  year  he  became  the  owner  of  the    San 


692  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

Jose  Institute  and  Business  Colleire  on  First  street,  havinij  associated  with 
him  Mr.  and  Mrs.  Freeman  Gates;  in  1871  received  a  franchise  from  the 
Mayor  and  Common  Council  of  the  City  of  San  Jose  to  lay  the  First-street 
raihoad.  Mr.  Bishop  next  became  President  of  tlie  San  Jos^  Homestead 
Association  upon  its  organization  to  purchase  lands  in  East  San  Jos^  and  lay 
them  out  in  lots;  he  then  extended  the  San  Jose  and  Santa  Clara  Horse 
Railroad  into  that  suburb ;  he  afterwards  purchaser]  an  interest  and  became 
a  Director  of  the  Butte  Flume  and  Lumber  Company  (now  the  Siena  Lum- 
ber Company),  who  have  gigantic  industries  in  the  Sierra  Nevada,  as  well  as 
in  the  counties  of  Butte,  Pumas,  Tehama,  and  Shasta;  while  in  the  year 
187G,  with  six  others,  he  purchased  the  Stay  ton  Quicksilver  and  Antimony  mines 
situated  in  the  mountains  dividing  Fresno  from  San  Benito  county,  where, 
though  considered  licli,  work  has  been  suspended  owing  to  the  low  price  of 
that  commodity.  Mr.  Biahop  is  a  Royal  Arch  Mason,  an  Odd  Fellow,  and  a 
life  member  of  the  California  Pioneers,  also  of  the  Santa  Clara  County  Pio- 
neers. From  the  foreffoinor  narrative  it  will  be  seen  what  manner  of  man  is 
S.  A.  Bishop.  Combining  all  the  powers  which  go  to  make  a  man  of  mark, 
he  has  left  nothing  undone  whereby  good  may  not  result.  His  energy  is 
marvelous,  his  foresight  wonderful,  and  his  honhommie  infectious  ;  in  his 
public  character,  what  he  has  done  and  is  still  doing  will  live  long  after  him, 
in  his  private  life  let  us  hope  that  his  many  excellencies  will  long  continue 
to  shed  lustre  upon  his  wife  and  daughter,  the  amiable  and  accomplished 
sharers  of  hisSaturnian  age.  Married,  September  10,  185G,  at  Los  Angeles, 
Frances  E.,  daughter  of  William  and  Amanda  Young,  by  whom  he  has 
Sarah  Virginia,  born  February  10,  18.59,  an  only  child. 

John  C.  Black.  Born  in  Butler  county,  Pennsylvania,  July  5,  1834, 
and  there  received  his  early  schooling,  and  afterwards  his  more  mature  train- 
ing at  the  Alleghany  College,  Meadville,  Crawford  county,  in  the  same  State. 
He  arrived  in  San  Franci'^co  via  Panama,  March  2,  18.55,  and  proceeded  to 
Amador  county,  where  he  engaged  in  mining;  but  moving  from  there  to 
Sierra  county  he  stayed  there  some  time,  during  which  he  constructed  a 
wing  dam  on  the  north  fork  of  the  Yuba  liver  at  Mississippi  Bar  ;  thence 
he  proceeded  to  Forbestown,  Butte  county,  and  opened  an  evening  school 
which  he  taught  during  the  Winter  of  18.57,  and  in  the  following  Spring 
came  to  Santa  Clara  county,  and  engaged  in  teaching  in  San  Jose',  and  the 
study  of  law.  Was  admitted  to  the  Bar  of  the  Supreme  Court  in  January, 
18G3,  after  which  he  settled  in  Yuba  county,  and  in  1864  was  appointed 
District  Attorney.  In  June,  1865,  he  returned  to  San  Jose'  and  was  elected 
District  Attorney  in  1871  and  was  a  Notary  Public  from  1867  to  1868.  Mr. 
Black's  office  is  in  rooms  18  and  19,  Knox  Block,  San  Jose.  He  married 
Marian  J.  Millard,  March  15,  1868,  a  native  of  Iowa,  and  has  :  Clara  N., 
John  Newton,  Walter  R.,  Leslie,  Edmund,  and  an  infant. 


BIOGRAPHIES — SAN    J0S6   TOWNSHIP,  693 

Samuel  A.  Blythe.  Born  in  Shelby  county,  Tennessee,  May  20,  1826. 
In  LSoi,  his  parents  moved  to  tlie  State  of  Arkansas,  hvit  after  three  years 
went  to  Memphis,  Tennessee.  In  I.8:J7,  Mr.  Blythe  went  to  Texas,  and  there 
remained  until  1849,  when  he  came  overland  to  California,  arriving  the  5th 
September.  Cominij:  diiect  to  Santa  Clara  county,  lie  settled  at  Saratoga, 
December  8th,  and  engaged  in  luinl)ering.  In  185'},  he  purchased  a  two- 
hundred-acre  farm,  three  miles  from  tliat  village,  and  resided  there  until  his 
coming  to  San  Josd  in  1872.  In  .June,  187.*},  in  company  with  L.  Straus, 
under  the  style  and  firm  of  Blythe  &  Straus,  he  opened  an  ofKce  in  the  old 
Hester  Building,  on  First  street,  and  commenced  o])erating  in  grain.  At  the 
end  of  a  year  he  removed  to  King's  Building,  afterwards  to  McLaughlin's 
Building,  on  Fountain  alley;  thence  to  Archer's  Building,  where  the  part- 
nership was  dissolved,  in  November,  1879,  Mr.  Blythe  retaining  the  business. 
In  March,  1880,  Captain  C.  H.  Maddox  becoming  associated  with  him,  his 
business  was  removed  to  its  present  position  No.  279  First  street,  the  firm 
name  being  Blythe  &  Maddox,  who  are.  engagetl  in  buying  and  slapping 
grain.  Married,  May  18,  1852,  Mrs.  Sereni  Gruell,  nee  Cox,  a  native  of 
Coshocton  county,  Ohio,  and  has:  William  L.,  Mary  T.,  Martha  Ann,  Alice 
G.,  Samuel  A.,  Charles  L.,  and  Ethel  Sax. 

Michael  Cahalan  (Deceased).  The  subject  of  this  sketch,  whose  por- 
trait will  be  found  in  this  work,  was  hr>rn  in  C(Minty  Tipperary,  Ireland,  and 
as  long  ago  as  the  year  1820  emigrated  to  the  United  States,  bringing  with 
him  his  wife  ami  two  children,  and  first  settled  in  Boston,  Massachusetts, 
wdiere  he  worked  at  his  trade  of  stone-mason,  for  fourteen  years  for  one 
employer,  who,  at  the  end  of  this  service,  presented  our  subject  with  a  bonus 
of  a  hundred  dollars  for  long  and  faithful  efficiency.  Among  other  duties 
which  Mr.  Cahalan  performed,  he  was  one  of  those  who  prepared  the  foun- 
dation of  the  Bunker  Hill  Monument,  and  later  in  life  has  referred  with 
much  pi'ide  to  the  part  taken  by  him  in  laying  its  corner-stone.  In  1835 
he  left  Boston  and  proceeded  to  Galena,  Illinois,  via  Albany,  Buffalo  and 
Chicago,  in  a  two-horse  wagon.  In  the  Fall  of  1836,  he  moved  to  Jackson 
county,  Iowa,  and  taking  uj)  a  claim  settled  near  what  is  now  the  city  of 
Bellevue,  and  encountered  all  tlie  hardships  incident  to  frontier  life.  One 
of  his  sons  returning  from  California  in  1851,  and  giving  such  glowing 
accounts  of  its  climate  and  resources,  determined  our  subject  to  transfer  his 
goods  and  chattels  to  the  Pacific  coast;  this  he  did  in  the  Spring  of  1852, 
and  cros-dng  the  almost  endless  plains  with  but  one  horse  and  two  ox- 
teams,  he  arrived  in  San  Jo-^e,  September,  1852,  having  lost  only  one  ox  out 
of  eiiiht  voke.  Not  lou'jr  after  his  advent  in  this  State  Mr.  Cahalan  settled 
on  a  portion  of  the  Santa  Teresa  Ranclio,  and  thei-e  remained  until  his  death, 
•wdiich   took    place   December  16,  1874,  at  the  ripe  age  of  eighty-four  years. 


694  HISTORY    OF    SANTA    CLARA    COUNTY,   CALIFORNIA. 

He  was  buried  in  the  Catholic  cemetery  at  Santa  Clara,  where  his  body 
quietly  reposes.  He  was  a  man  who  had  a  full  faith  in  his  Creator,  and  lived 
strictly  up  to  the  commands  of  his  church,  and  was  ever  ready  to  bow  his 
head  to  the  Divine  Will.  Hj  was  remarkable  for  his  industrv,  beinw  able 
at  sevent\'-five  years  of  age  to  do  his  day's  plowing.  Mr.  Cahalan  was  the 
father  of  fourteen  children,  nine  of  whom  were  living  at  the  time  of  his 
death.  He  left  Boston  with  seven  children  and  brought  the  like  number  to 
California. 

M.  M.  Cahalan.  Boin  in  Boston,  Massachusetts,  September  26,  1826. 
In  early  life  Mr.  Cahalan  resided  in  the  States  of  Illinois  and  Iowa,  which 
latter  he  left  in  1850,  and  came  to  California  by  way  of  Sublette's  cut-off,  in 
company  with  his  brother,  C.  W.  Cahalan,  arriving  at  Nevada  City,  August 
10th,  of  that  year.  Here  he  njined  until  the  following  year  when  he 
returned  home  via  Panama.  In  the  Fall  of  1852  we  find  our  subject  back  in 
California  with  his  father  and  family.  They  then  came  direct  to  Santa 
Clara  county  and  settled  on  the  Santa  Teresa  Rant  ho,  where  he  now  resides 
Avith  his  sister.  Mr.  Cahalan  owns  about  eight  hundred  acres  on  which  he 
has  an  extensive  dairy,  milking  seventy-five  cows  daih',  and  making  four 
hundred  and  fifty  pounds  of  butter  per  week.     Is  unmarried. 

James  H,  CampbeH.  Bom  in  South  Andover,  Essex  count}-,  Massa- 
chusetts, February  27,  1850.  In  the  year  1850  he  came  to  California,  aniv- 
ing  at  San  Francisco  in  April  of  that  year.  From  1859  until  1867  Mr. 
Campbell  resided  in  Grass  Valley,  Nevada  county,  and  there  attended  the 
public  schools,  and,  in  1867,  entered  St.  Ignatius  College,  where  he  went 
through  a  course  that  fitted  him  for  matriculation  in  Santa  Clara  College, 
from  which  he  graduated  in  December,  1871.  On  his  return  to  Grass  Val- 
ley, he  studied  law  in  the  office  of  Messrs.  Dibble  &  Byrne,  and,  in  April, 
1874,  w^as  admitted  to  practice  before  the  Supreme  Court.  On  being  "  called 
to  the  Bar,"  he  took  up  his  residence  in  the  city  of  San  Jose,  Santa  Clara 
county,  and  was  appointed  Deputy  District  Attorney,  under  Hon.  Thomas 
Bodley,  which  position  he  filled  until  tlie  expiration  of  the  term  of  office, 
when  he  entered  into  a  law  partnei'ship  with  Mr.  Bodley,  which  finall}^ 
ended  with  the  death  of  the  latter.  In  September,  1879,  he  was  elected 
District  Attorney,  and  is  the  present  incumbent  of  that  office.  Married, 
April  22,  1877,  Miss  Mary  Faulkner,  a  resident  of  San  Jose,  and  a  native  of 
Boston,  Massachusetts. 

Alfred  Chew.  Born  in  Clinton  county,  Ohio,  March  26,  1834.  When 
twelve  years  of  age  he  went  with  his  parents  to  Shelby  county,  Illinois,  and, 
in  1853,  started  for  California,  in  company  with  a  man  named  Kiikpatrick, 
who  stopped  at  the  Missouri  river,  with  the  intention  of  going  to  Oregon  in 


BIOGRAPHIES — SAN    JOS£   TOWNSHIP.  695 

1864'.  Mr.  Chew  now  joined  W.  R.  Bane,  of  San  Jose,  and  assisted  him  to 
drive  a  l>and  of  cattle  to  Gih-oy,  wliere  he  arrived  in  September  of  that  year. 
After  being  prostrated  with  tvphoid  fever,  he  obtained  various  employments 
ill  different  parts  of  the  State,  among  othex'S  being  with  U.  S.  Deputy 
Surveyor  Henry,  in  San  Luis  Obispo  county.  In  18.)9  he  returned  to  Idi- 
nois,  and  came  back  to  Santa  Clara  county  the  following  year,  where,  after 
farming  for  a  twelvemonth,  he  purchaseil  a  tract  of  two  hundred  and  nine 
acres,  from  William  Mathews,  three  miles  from  Evergreen,  and  occupieil  it  for 
five  years,  when  he  came  to  the  place  where  he  now  resides.  Tii  1873  Mr. 
Chew  was  elected  to  the  Board  of  Supervisors  for  Santa  Clai'a  county.  He 
married,  in  Shelby  county,  Illinois,  January  19,  18(30,  Margaret  Kennedy,  and 
has:  Mary  F.,  born  March  25,  1SG4;  Rjbert  W.,  bora  April  28,  1806;  Martha 
E.,  born  October  4,  1868;  Emily  A.,  born  February  7,  1871;  Alfred  J.,  born 
February  20,  1873;  Maggie  M.,  born  May  22,  1876;  Walter  R.,  born  August 
8,1879. 

Lemuel  J.  Chipman.  The  present  County  Superintendent  of  Sahools, 
was  born  in  Tayloi'sville,  Plumas  county.  California,  February  11,  1853. 
He  received  his  early  education  in  the  public  schools  of  S.ui  Jose,  whither  he 
came  in  1864,  and  afterwards,  in  March,  1873,  graduated  at  the  State 
Normal  School.  In  this  year  he  taught  a  S])ring  term  in  Yuba  county, 
but  leaving,  returned  to  Santa  Clara  county  and  took  charge  of  the  Ever- 
green School.  In  1874  he  entered  the  Santa  Clara  College,  and  during  that 
time  was  elected  Superintendent  of  Schools  for  the  City  of  San  Jose,  a  posi- 
tion he  filled  for  two  terms,  but  resigned  after  being  elected  for  a  third  term, 
to  accept  the  Principalship  of  the  Fourth  Ward  School.  At  the  end  of  one 
term  he  was  transferred  to  the  Empire  Street  School  in  a  like  ofHce,  and 
while  holding  this  situation  was  elected  County  Superintendent  of  Schools, 
entering  upon  the  duties  of  that  offi3e,  March  4,  1878,  and  has  since  held 
the  sway  of  that  department.  From  the  time  of  his  election,  until  the 
adoption  of  the  New  Constitution,  Mr.  Chipman  was  a  member  of  the  State 
Board  of  Education.  Married,  December  7,  1876,  Emma  Toy,  a  native  of 
San  Francisco,  and  has  one  child,  Florence,  born  September  24,  1880. 

S.  A.  Clark.  Born  in  Boston,  Massachusetts,  June  4, 1823,  and  resided  in 
North  Hampton,  in  the  same  State,  from  1827  until  about  1833,  when  he  went 
to  live  in  New  York  City.  At  the  age  of  sixteen  years  he  proceeded  to  the 
State  of  Mississippi ;  ami  when  of  age  returned  to  the  metropolis  and 
dwelt  there  until  he  started  for  California.  Arriving  in  San  Francisco 
in  the  month  of  August,  1850,  he  came  direct  to  the  Santa  Clara  valley,  and 
obtained  employment  as  book-keeper  to  the  firm  of  Hoppe,  Hawkins  &  Co., 
but  remaining  with  them  only  a  few   months,  he  entered   the  establishment 


G96  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

of  Bassham  &  Wilson  as  book-keeper,  taking  charge  of  the  post-office  at  the 
same  time.  In  January,  1853,  Mr.  Clark  embarked  in  business  on  liis  own 
account,  in  the  first  place  on  Market  street,  but  subsequently  he  moved  to 
the  position  on  Santa  Clara  street,  about  where  Spring's  store  now  stands. 
This  business  he  sold  in  October,  when  he  was  elected  County  RecoriJer  for 
the  terms  including  1853  to  1857.  The  Fall  of  the  year,  1857  he  opened  his 
grocery  store  under  the  style  of  Brownshield  &  Clark;  but  buying  out  the 
interest  of  his  partner  at  the  end  of  twelve  months,  he  conducted  it  in  his 
own  name  until  February,  1873,  when  he  sold  out  to  Sage  &  Gardner.  In 
1875,  he  opened  the  giocery  store  now  existing  at  No.  87^  Fir.st  street.  No 
man  stands  fairer  in  the  community  in  point  of  mercantile  honor — none  more 
esteemed  as  a  citizen  than  S.  A.  Clark,  while  tlie  house  of  which  he  is  the 
head  enjoys  a  large  trade,  and  the  full  confidence  of  the  community. 

■>' 
James  A.  Clayton.  Was  born  in  England,  October  20, 1831,  and  came 
to  tlie  United  States  with  his  parents,  in  1839,  who  stttled  in  the  lead  mines 
in  Iowa  count}^,  Wisconsin,  in  1840.  In  company  with  his  brother,  Joel  Clay- 
ton, he  crossed  the  plains  to  California,  and  arrived  August  3,  1850.  He 
passed  a  few  days  at  the  mines,  and  on  the  25 th  of  the  same  month,  took  up 
his  residence  in  Santa  Clara,  where  he  was  emplo3'ed  as  cleik  to  his  brother, 
Chailes  Clayton,  who  had  been  a  resident  of  the  valley  since  18-18.  Here 
our  subject  sojourned  until  February,  1851,  when  he  returned  to  the  mines, 
and  woiked  there  until  November,  at  which  period  he  went  to  Australia,  and 
tried  his  luck  at  the  diggings  there.  In  August,  1852,  he  came  back  to  Cal- 
ifornia, r.nd,  for  a  f-pace,  resided  in  Stockton,  San  Joaquin  county,  but  again 
returned  to  Santa  Clara,  being  engaged  in  clei'king  until  his  settling  in  San 
Jos^,  in  January,  185G.  He  now  purchased  a  photograph  gallery,  located 
where  Fisher's  store  now  stands,  on  Santa  Clara  street,  and  afterwards 
moved  to  Spring's  Corner.  This  concern  Mr.  Clayton  owned  about  thirteen 
years.  In  18G1,  he  was  elected  County  Clerk,  and  re-elected  in  1803.  In 
1867,  he  established  a  real-estate  office,  and  has  continued  in  that  business 
until  the  present  time.  He  married  in  1860,  and  has  a  family  of  six  chil- 
dren. 

Martin  Corcoran.  The  following  narrative  of  the  life  of  one  of  Cali- 
fornia's earliest  pioneers  will  be  found  worthy  of  perusal,  replete  as  it  is  with 
incident  bv  flood  and  field.  Mai-tin  Corcoran  was  born  December  8,  1824 
at  Fox  Island,  Gut  of  Cancer,  Nova  Scotia,  but  when  eighteen  months  old 
accompanied  his  parents  to  Boston,  Massaxliusett.s,  and  locating  at  Wareham, 
there  our  subject  received  his  education,  and  afterwards,  until  sixteen  years 
old,  worked  in  the  nail  factories  of  the  town  ;  the  Aveland  Iron  Works,  near 
Baltimore,   Maryland,  and    the   Duncannon  Iron  Works    in    Pennsylvania; 


BIOGRAPHIES — SAN   JOSI^    TOWNSHIP.  697 

then  returning,'  to  Warebain.  On  October  2,  1842,  he  shipped  on  the  bark 
Levant  and  sailed  for  the  Pacific  coast,  cruisino-  for  two  vears  on  the  coast  of 
Peru  and  Chile,  as  well  as  among  the  South  Sea  Islands.  In  June,  1844, 
he  touched  at  the  Sandwich  Islands,  where  the  U.  S.  sloop-of-war  Levant 
was  lying,  which,  being  shoi-t  of  her  complement,  Corcoran  joined  her 
and  sailed  to  San  Francisco,  arriving  there  in  the  latter  part  of  July  of  that 
3'ear.  From  there  they  sailed  to  Valparaiso  and  Callao,  thence  to  the  Sand- 
wich Islands;  afterwards  to  Acapulco,  and  in  1S4G  to  Mazatlan,  where, 
hearing  the  rumor  of  war  between  the  United  States  and  Mexico,  they 
returned  to  San  Francisco;  thence  to  Monterey^  and  back  to  Mazatlan,  where 
they  found  the  U.  S.  men-of-war  Independence  and  Wai'ren.  J(»ining 
these,  the  port  of  Mazatlan  was  captuie<l  by  six  hundred  men,  landed  from 
the  vessels,  the  Mexican  ship  Americadel  being  cut-out  as  well.  Here  Cor- 
coran was  transferred  to  the  Wan-en,  and  in  her  came  back  to  San  Fran- 
cisco, after  touching  at  Monterey.  At  this  time  the  Alcalde  of  San  Fran- 
cisco was  Lieutenant  Bartlett.  This  (officer  finding  that  beef  was  scarce^ 
about  Christmas,  1846,  sent  out  an  expedition  into  the  country  to  procure 
that  commodity\  Among  the  party  was  our  sidject.  They  first  proceeded 
to  the  ranclio  of  Josd  la  Cruz  Sanchez,  near  the  Seventeen-niile  House  on 
the  old  San  Francisco  and  San  Jos^  road,  and  there  remained  one  night  and 
a  greater  portion  of  the  next  day,  Sanchez  promising  that  the  required  cattle 
M'ould  be  forthcoming.  In  the  meantime  the  horses  on  which  the  foragers 
had  been  mounted  were  driven  off,  and  wliile  in  search  of  them  and  the  cattle 
as  well,  they  perceived  a  mounted  band  to  appear  in  sight.  On  being  ques- 
tioned as  to  who  these  were,  Sanchez  replied  that  they  were  friends  coming 
to  aid  him  in  finding  the  cattle  wanted.  On  their  arrival  it  proved  that 
such  was  not  their  eiiand,  for  they  forthwith  surrounded  the  party  of 
Americans,  captured  them  at  pistols'  point,  and  took  them  over  the  mount- 
ain to  Half  Moon  Bay,  where  Francisco  Sanchez,  brother  of  their  host  and 
ca[)tain  of  a  company  of  Californians,  had  a  rancho.  Bartlett,  Corcoran, 
Richard  Watkins  (now  a  Judge  in  Mono  county),  William  Leavens,  and 
three  others,  were  detained  for  a  month,  moving  from  place  to  place  (for 
the  Californians  were  on  the  outlook  to  capture  San  JoseJ,  and  were  finally 
given  up  to  their  countrymen  on  January  8,  1847.  Our  .subject  and  his 
comiades' being  set  free  at  once  proceeded  to  the  embarcadero  at  Alviso. 
where  they  took  passage  in  the  second  cutter  of  the  U.  S.  steamer 
Savannah  for  San  Francisco.  On  landing  Corcoran  dipped  his  hanil  into  a 
barrel  of  pork  that  was  in  the  forward  part  of  the  boat  and  extracted 
therefrom  a  twenty-pound  pioce,  which  he  carried  away  with  him.  Wliere 
is  now  the  corner  of  Kearny  and  Washington  streets  in  San  Fran- 
cisco at  that  "period  there  stoo  I  a  sentry.  On  hearing  a  footstep  approach 
he  sang  out^the  challenge,  "Who  goes  there?"     "  Friend,"  was  the  reply; 


698  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

"Advance,    friend,   and  give   the  countersign."       "I   don't  know  what  the 
countersign  is,  but  I've  g  >t  twenty  pounds  of  pork  ! "     This  was  too  good 
news  for  the  guardian  of  the   military  precincts;  he  replied,  "  Cotne  in  !" 
and  that  night  had  a  heaity  supper.     Not  long  after  this  adventure  Corco- 
ran rejoined   the  Warren,  and   proceeding   in  her  to  Monterey,   there   waj^ 
transferred  to  the  store-ship  AVie,  Captain  Watson,  and  in  her  sailed  to  Callao; 
thence    they  took   home  the  remains   of    Commodore    Dallas  (a  brother  of 
Vice-President  Dallas),  who  had  died   on  board  the  Savannah  in  that  port 
June  3,  lSi4,  and  arrived   in  Brooklyn  Navy  Yard  June  3,   1848,  when  he 
was  paid  off  from  the  navy  after   a  service  of  four  years  and  three  days. 
He  immediately  proceeded   to  Fall  River,  Bristol   county,  Massachusetts;  to 
visit  his  mother,  and  after  three  weeks  sailed  in  a  sloop  to  Norfolk,  Virginia; 
thence  up  the  river  to  Richmond;  from   there  along  the   Kanawha  canal  to 
Dover  Mills,  where  his  brother  was  employed  in  a  nail  factory.      It  had  been 
the  intention  of  our  subject  to  ship  in  an  East  Indiaman,  but,  being  per- 
suaded by  his  brother,  he  gave  up  the  idea  and  engaged  in  these  mills,  where 
he  was  employed  about  six  months.     While   at  this  place  he  first  heart!  of 
the  discovery  of  gold  in  California,  and  amid  the  consequent  excitement,  and 
the  knowledge  that  he  had  been  there,  a  company  named  the  Pacific  Mining 
and   Trading  Company,  C.   H.  West,  President,  and    Judge    Shafer   (now  of 
San  Joaquin),  Secretary,  was  formed,  in  December,  1848,  in  which  he  took  a 
share.     The  ship  Mary  Anna   was  purchased  in  New  York,  loaded  with 
houses,  mining  implements,  and  provisions,  and  got  ready  for  sea;  Corcoran, 
though  still  retaining  his  interest,  shipped  as  third  mate,  and    on  March  24, 
1849,  sailed  from  Hampton  R  >a  Is,  with  a  human  freight  of  one  hundred  and 
thirtv-seven  souls, besides  theofficers  andcrew.arrivinnf  in  San  Francisco  harbor 
October  13,  1849,  shortly  after  which  the  company  was  disbanded,  and   the 
ship  and   cargo  sold.     Corcoran   here  met  a  former   shipmate,  named   Glass* 
who  owned  a  schooner  called  the  S'Jisan  IF. ,  which  our  subject  and  five  others 
chartered,  and  loaded  for  Stockton.      When  ready  to  put  to  sea,   the  captain 
came  on  board,  provided  with  a  jug  of  whisky,  to  which    he  had  evidently 
been   paying  affectionate  attention,  for  in   getting   out  his  craft,  he  ran  her 
"  athwart  hawse"  of  a  large  vessel.     On  seeing  this,  our  subject  at  once  took 
charge,  sent  the  skipper  below,  and  navigated  her  to  where  the  little  town  of 
New  York  now  is,  at   the  mouth  of  the   San  Joaquin  river.     Their  destina- 
tion was  reached  without  further  adventure.     At  Stockton,  ox-teams  were 
chartered,  and  a  start  made  for  the  Tuolumne  river,  the  company;  compris- 
ing Martin  Corcoran,  Thomas  Wiley,  Enroughty,  Hilton,  Smith,  and  George 
Crossmore,  arriving  at  Hawkins'  Bar,  November  10,  1849.      After    passing 
one   day    in    observing    those    who   had    come    before    washing   the    gold, 
our  subject  and   his  chums   set  to  work,  for  themselves,   on  a  claim  they 
had   taken    up,    with    but    poor    success.      Here    Corcoran    remained    two 


BIOGRAPHIES — SAN    JOS£   TOWNSHIP.  (j09 

weeks,  when  he  went  to  Chinese  Camp,  between  Hawkins'  Bar  and  Wood 
creek,  and  there  sunk  holes,  and  with  but  little  better  luck.  After  a  mouth's 
stay  here,  he  removed  to  the  crossing  of  Sullivan's  creek,  which  led  to  Cur- 
tis' creek,  and  there  built  a  cabin.  On  the  first  of  these  he  mined  three 
weeks  with  a  change  of  fortune,  but  the  stream  i-ising  he  was  forced  to  leave. 
The  floods  subsiding,  however,  he  commenced  operations  on  Curtis'  creek, 
about  two  miles  from  his  former  ground,  and  working  there  for  two  weeks, 
had  good  returns.  It  may  be  mentioned  that  two  miles  and  a  lialf  above 
this  spot,  was  the  famous  Sailor's  Claim,  where  as  much  as  two  poimds' 
weiglit  of  gold-dust  were  taken  out  per  day,  by  the  three  sailors  who  owned 
it.  While  camping  on  Sullivan's  creek,  ovir  subject,  with  an  Auierican 
named  Harvey  Briggs,  went  hunting  in  the  vicinity  of  Chinese  Camp,  where 
deer  were  plentiful.  On  their  way  back,  the  latter  seeing  a  stone  which 
pleased  him,  picked  it  up  and  thrust  it  into  his  hip  pocket.  They  had  not 
proceeded  much  farther  when  the  sharp  crack  of  a  rifle  was  heard,  Corcoran 
remarked  that  the  fellow  who  discharged  the  piece  was  not  far  off.  "  By 
Jove,  no  I"  his  companion  replied,  "and  he  has  hit  me!  "  Corcoran  examined 
the  .suppo.sed  locality  of  the  wound,  but  could  find  no  evidence  thereof;  his 
friend,  however,  still  persisting,  he  w^as  undressed,  when  it  was  foun<l  that 
the  pebble  placed  in  his  pocket  had  been  struck,  happily  leaving  the  skin 
only  much  contused.  After  a  keen  search,  he  who  had  fired  the  shot  was  no 
where  to  be  found.  In  the  Spring  of  18.50,  the  mines  not  "panning  out"  as 
successfully  as  he  had  anticipated,  our  hero,  with  Smith,  left  for  San 
Francisco,  and,  at  Wood's  creek,  purchased  a  team  of  three  yoke  of  oxen,  for 
wdiich  they  gave  six  hundred  dollars,  with  which  they  pushed  for  Stockton, 
intending  to  enter  into  the  freitrhtinof  business.  Corcoran,  a  sailor,  and 
Smith,  a  printer,  naturally  did  not  know  much  about  driving  cattle — before 
thev  ha  1  ti'aveled  seven  miles  their  entire  team  tjot  mired.  The  former 
remarked  to  his  comrade  that  "  the  port  ox  was  on  the  starboard  side,  and 
got  foul  of  the  rigging;"  they  were  consequently  unyoked  "  to  make  all 
clear."  Leaving  their  wa"-on  in  the  muil  and  the  oxen  at  large,  our  trav- 
elers  made  their  way  to  a  roadside  mn,  called  the  "  Green  Springs"  kept  by 
one  Tanner,  and  there  disposed  of  their  property — the  oxen  at  large,  and  the 
wagon  in  the  mud — for  eight  hundred  dollars,  the  copartnership  of  Corcoran 
and  Smith  having  had  enough  of  teaming.  Thence  our  subject  started  on 
foot  for  Stockton,  but  he  had  not  gone  far  when  he  found  that  his  brand-new 
boots,  for  which  he  had  paid  two  ounces — thirty -two  dollar.s — both  belonged 
to  one  foot,  they  were  therefore  discarded;  and  trmlging  the  rest  of  the  jour- 
ney, made  his  entiy  into  Stockton,  on  his  feet  certainly,  but  with  no  other 
covering  to  them  than  that  which  nature  had  bestowed.  Here  he  found  a 
mess  of  pork  and  beans  was  two  dollars,  and  the  price  of  a  night's  lodging  a 
like  sura — the  floor  being  the  bed,  and  the  covering  one's  own.    At  Stockton 


700  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

Corcoran  and  Smith  determined  to  enter  into  a  packin:^  business,  the  former, 
as  a  sailor,  considering  that  being  able  to  "lash"  well,  was  an  instinctive 
desideratum  for  the  trade.  Animals  were  purchased,  loaded  with  hard- 
bread,  which  was  then  worth  fifty  cents  per  pound,  and  a  start  for  the  mines 
at  Chinese  Camp  made.  At  night  it  was  usual  to  unload  the  beasts;  during 
their  first  night  out,  at  Blue  Tent,  outsiile  of  French  Camp,  their  mules  dis- 
appeared, but  were  afterwards  discovered  on  the  plains,  from  the  top  of  a  tree. 
On  the  third  day  out,  a  party  coming  from  the  mines  was  met,  who  put  in  a 
claim  for  one  of  the  animals,  but,  notwithstanding  hard  words,  he  was 
retained,  and  ma^le  the  rest  of  the  journey,  Corcoran  and  his  cavalcaile  arriv- 
ing in  Chinese  Cainp,  one  month  after  he  had  left  the  mines.  Finding  that 
the  miners  were  leaving  here  for  other  diggings,  and  that  there  would  be  no 
sale  for  his  bread,  he  st')red  it  in  a  log  cabin,  and  contracted  to  transport 
a  number  of  them  to  Murphy's  Camp,  a  distance  of  five  and  twenty 
miles,  or  thereabouts,  for  five  hundred  dollars.  Tuis  labor  performed, 
he  returned  to  Chinese  Camp,  and  transferre  1  his  bread  to  Woo  I's  creek, 
where  he  stored  it.  At  this  period,  S  aith  started  to  Stockton  with 
the  animals  for  more  goods,  and  in  the  meantime,  Corcoran  hired  a  don- 
key and  peddled  the  bread  through  the  mines  at  Wood's,  Sullivan's 
and  Curtis'  creeks.  The  mules  that  started  for  Stockton  he  has  never 
seen  since;  Smith  he  saw  many  years  after.  Corcoran  now  returned  to  San 
Francisco.  In  Ins  wanderings  he  found  one  day  a  ships'  long-boat  on  the 
beach,  and  shortly  after  purchased  it,  and  with  Tanner  and  another  man  put 
a  deck  on  her,  and  otherwise  rendering  her  seawort'iy,  named  her  the  George 
S.  Loiuns,  after  the  captain  of  the  ship  in  which  he  ha  1  come  to  C  difornia, 
and  started  in  the  freighting  business,  between  San  Francisco  and  Stockton. 
In  this  craft  he  made  two. trips  to  Stockton,  an  1  one  to  Benicia  with  clap- 
boards for  Doctor  Semple,  delivering  which  they  loaded  with  pork  for  Sacra- 
mento. On  this  voj'age  our  subject  met  witli  a  narrow  escape  of  death  at 
the  hands  of  a  man  on  board  a  schooner,  who  was  inclined  to  test  his  marks- 
manship at  the  expense  of  those  on  board  tlie  George  S.  Lawns.  Returning 
from  tliis  cruise  he  left  the  craft  tied  to  the  long  wharf,  trade  being  dull  and 
laroe  vessels  eno-aging  on  the  route; — he  has  not  seen  her  since.  Remaining 
in  San  Francisco  about  ten  days,  he  shipped  as  chief  mate  on  board  of  the 
Glenmore,  bound  for  Panaina,  got  her  ready  for  sea,  but  did  not  proceed  in 
her.  This  was  in  the  latter  part  of  1850.  Corcoran  now  embarked  in  the 
business  of  stevedore  for  a  short  time,  an  1  afterwards  worked  for  William 
Middleton  in  driving  piles  around  the  old  Niantic — on  Clay  Street,  above 
Sansome — and  afterwards  on  a  portion  of  the  lot  where  the  post-office  now 
stands.  In  the  Winter  of  1850-.51  he  was  salesman  for  the  Clay  Street 
Bakery  where  he  remaineil  about  six  months,  when  he  entered  into  partner- 
ship in  that  business    with   John  Hawkins,   starting  the   Public  Bakery  on 


BIOGRAPHIES— SAN   J0S6   TOWNSHIP.  701 

Jaelcson  street,  above  Dupoiit.  The  May  fire  of  1851,  burned  out  his  former 
employers.  While  the  fire  was  approaching  them  Corcoran  went  to  them, 
purchased  the  batch  of  bread  they  then  liad  in  their  oven,  ;ind  knowing  w^ell 
where  all  their  customers  resided,  served  those  tliat  were  not  burned  out,  and 
(the  other  firm  not  staiting  again)  kept  their  trade,  making  from  one  himdred 
to  one  hundred  and  fifty  dollars  clear  profit  per  day.  In  the  fire  of  the  follow- 
ing June,  our  subject  lost  his  all.  While  it  was  raging,  however,  his  partner 
went  to  the  Happy  valley,  rented  a  bakery,  and  the  next  morning  custom- 
ers tliat  remained,  were  served  as  usual.  The  bakery  on  Jackson  street  was 
rebuilt  at  once;  a  month  after  John  Hawkins  sold  out  his  interest  in  the 
concern  to  his  brother  Robjrt,  and  the  business  continued.  Some  time  after, 
Corcoran  becoming  interested  in  a  ranch  in  the  Masamore  Martinez,  went 
thither  to  put  in  a  crop  of  wheat;  in  his  absence  his  partner  l:atl  di.'<posed  of 
the  bakery,  and  both  left  for  Sonora,  but  not  proceeding  further  than  Stock- 
ton, they  there  purchased  an  oven  and  started  the  New  York  Bakery  on  the 
levee  in  that  city.  At  the  end  of  two  months,  the  enterprise  was  .soW  at  a 
great  profit,  and  the  partnership  between  Robert  Hawkins  and  our  subject 
disi-olved.  Corcoian  now  retuincd  to  San  Fianci.'^co,  and  started  in  the 
Wood,  Coal  and  Hay  business  with  John  Hawkins,  on  Dupont  sti-eet, 
between  Wasliington  and  Jackt-on  streets,  vi  here  he  vstayed  until  1852.  In  this 
year  he,  with  Captain  Thorne,  John  Hawkins,  Hall  &  Crandell,  and  Eastin 
and  Milligan  purchai^ed  the  sttru-wheel  steamer,  Jenny  Lincl  fitted  her  up, 
and  put  her  on  the  San  Jos^  route,  Thorne  being  captain,  Hawkins,  clerk, 
and  Corcoran,  mate  and  pilot.  In  this  boat  he  remained  about  a  year,  mak- 
ing a  good  deal  of  money,  freight  being  then  eight  dollars  per  ton  from 
Alviso,  and  passage  money,  the  same  from  San  Jos^.  These  parties  then  pur- 
chased the  steamboat  Charles  M.  Weber,  and  refitted  and  rechristened  her 
i\iQ  GiLcidaluiJe.  In  1853  the  Jenny  Lind,  after  being  on  the  route  for 
a  time,  blew  up  April  11,  1853.  She  was  then  taken  to  San  Francisco, 
repaired  and  replaced  on  the  route,  and  here  our  subject  stayed,  until  she  was 
sold  to  Morehouse  and  Uncle  Bill  Frost,  of  Santa  Clara.  While  on  board 
the  Jenny  Lind,  the  following  circumstance,  which  has  been  related  to  us  by 
an  eye-witness  took  place  :  On  the  third  trip  from  San  Fiancisco,  after  she 
had  been  repaired,  when  off'Redwood  Cit}',  San  Mateo  county,  and  two  hours 
and  a  half  out,  going  full  .^peed  racing  with  the  Exiiress,  opposition  boat, 
rough  weather,  wdnd  fi'om  north-west,  and  hour  12:30  p.  m.,  a  lady  on  coming 
from  the  cabin  and  walking  forward,  in  order  to  pass  a  man  who  was  sitting 
on  some  piled  lumber  near  the  rail,  stepped  aside  so  as  not  to  interfere  with 
his  comfort,  when  one  of  the  planks  tilted  over  and  precipitated  her  over  the 
low  rail  into  the  water.  On  this  followed  the  ringing  of  bells,  the  shouts  of 
affrighted  passengers,  and  the  stoi)ping  of  the  engines.  The  unfoitunate 
female  was  by  this  time  being  swiftly   carried  astern; — the   skipper  lost  his 


702  HISTORY    OF   SANTA    CLARA    COUKTY,    CALIFORNIA. 

head,  and  in  a  dazed  condition  observed  to  Corcoran,  who  as  pilot  was  at  his 
post  at  the  wheel:    "Oh,  Martin,   what  shall   I  do?"     Ere  the  words  were 
uttered  our  suViject  was  overboard,  irrespective  of  wind  or  tide,  of  boots  and 
clothes,  and  struck  boldly  out  to  rescue  the  female  in  distress.      Thanks   to 
the  then  prevailing  fashion  her  crinoline  kept  her  partially  afloat,   and   in  a 
short  time  Corcoran  was  by  her  side.     By  this  time  the  steamer  had  forged 
ahead    some    five    hundred    yards.      While    the    scene    above  was  being 
enacted.  Captain  Huntingdon  (afterwards    mate    of    the  Sierra  JSevada), 
and    a    Missourian    lowered    the    only    boat    belonging    to    the    vessel — 
a  skiff  capable  of  carrying  three  persons — with  the  intention  of  saving  them 
from  their  perilous  condition.     Now,  Corcoran,  from  his  early  experiences, 
and  aided  by  many  a  talk  with  "old  salts"  in  Ids  cruises,  had  learned  what 
to  do  when  called  upon  to  save  life  at  sea.      When  he  got  up  to  the  siidving 
lady  he  naturally  caught  her,  but  finding  that  the  grip  of  a  sinking  female  was 
too  much  for  his  gallant  nature,  he  incontinently  "ducked"  her;  then  get- 
ting an  advantageous  holcl,  and  boldly  swimming,  sustained  her  above  water. 
The  Captain,  however,  M'as  "  all  adrift,"  he  could  neither  give  proper  orders 
nor  superintend  the  steeling  and  backing  of  the  steamer  as  should  have  been 
done;  this  duty  was  therefore  successfully  undertaken  by  W^illiam  H.  Travis 
(now  of  San  Jose;,  the  engineer.     Now  Huntingdon  remembering  the  cr9,nk- 
iness  of  the  skiff  was  urgent  in  his  desires  that  Corcoran  should  "keep  cool;" 
the  reply  he  received  was,  "  All  right.  Captain,  this  is  a  cool  place  over  here!" 
He  then  observed:     "But  how  are  we  to  get  her  (the  half-drowned  lady)  in?" 
This  was  a  puzzler.    Corcoran  at  once  took  charge  of  the  situation  ;  directed 
tliat  the  boat  should  be  held  steady,  and  while  the  woman  was  being  passed 
to  the  opposite  side,  round  the  bow,  he  with   his  weight  on  the  cont}-ary  side 
would  keep  the  skiff  on  an  even  keel.     In  this  way  was  the  lady  saved,  and 
finally  taken  on  board  the  Jenny  Lind,  wet,  dreary,  but  thankfully  happy. 
As  for  our  subject,  after  being  towed  astern  of  the  boat,  he  was  received  on 
the  deck  of  tlie  steamer  with  the  most  lively  appreciation  of  his  gallantry, 
but  there  was  not  a  dry  garment  on  board  to  fit  him — for  be  it  remembered 
his   shoulders  were  then   as  broad  as  they  are  now.     Two  months  after  the 
foregoing  incidenthe  saved  the  life  of  a  young  man  in  the  Steamboat  slough, 
under  very  similar  circumstances.     About    this    time    a    combination  was 
formed  with  all  the  other  routes  when  Corcoran  was  attached  to  the  Gauda- 
lu2^e,  but  afterwards  took  charge  of  the  San  Jose,  late  Je^iny  Lind,  then 
plying  between  San  Francisco  and  Union  City,  Alameda  county,  where,  not 
paying,  she  was  transferred  to  the  Napa  route,when  our  subject  severed  his  con- 
nection with  her.     Subsequently  the  California  Steam  Navigation  Company 
was  formed  and  all  the  boats  put  under  one  management;  he  then  rejoined 
the  Go'adahipe,  and  remained  in  her  five  or  six  months.     In  1854  Corcoran 
&  Emmerson  opened  a  hotel  in  Alviso  called  "  The  Republic,"  formerly  kept 


BIOGRAPHIES — SAN   JOSt   TOWNSHIP.  708 

by  Jean  Baptiste;  at  the  end  of  two  months  Einincrson  went  to  San  Fran- 
cisco to  purchase  some  goods,  but  has  not  yet  returned.  At  the  end  of  seven 
months  the  Captain  removed  to  San  Jo?-^,  aii<l  with  Adam  Holloway  opened 
the  McLellan  Hotel  under  tlie  name  of  the  Franklin  House  it  being  situated 
at  the  north-west  corner  of  First  and  Santa  Clara  streets,  where  Fiest's 
store  now  is.  At  the  expiration  of  three  months  his  partner  sold  out,  and 
he  was  joined  by  W.  H.  Travis.  In  1856  he  disposed  of  the  business  to  Mc- 
Lellan and  returning  to  Alviso,  acquired  Ratlibone's  Saloon  and  there 
remained  until  1858.  On  the  breakinij  out  of  the  Frazi-r  river  excitement, 
he  left  his  family  in  Alviso  and  in  company  with  Captain  W.  H.  and  Henry 
Lul)b()ck  went  to  British  Columbia,  takinsf  with  them  a  scow  for  traversinor 
that  stream,  which  they  transferred  to  Esquimalt,  Vancouver's  Island  by 
means  of  the  tug  Martin  White,  a  daring  piece  of  navigation.  From  the 
last  port  they  proceeded  up  the  riv^er;  thence  to  Port  Douglas,  Lillieworth 
lake,  loaded  with  flour,  mules  and  oxen;  thence  to  Fort  Hope;  plied  on  the 
Frazer  about  a  year  carrying  passengers  for  from  twenty-five  down  to  one  dol- 
lar per  head,  freight  having  at  one  time  rangeil  as  high  as  one  hundred  and 
twenty-five  dollars  per  ton.  In  the  Winter  of  1858-9  he  went  to  San  Fran- 
cisco, had  new  boilers  put  into  the  boat,  and  returned  for  five  months  or 
thereabouts  to  the  Frazer,  at  which  time  he  proceeded  to  Alviso  and  purchased 
the  Union  Hotel  there,  and  conducting  it  until  18G3,  came  in  that  year  to 
San  Jo.se'  as  agent  for  the  San  Franci.sco  and  San  Josd  Railroad  Company. 
At  the  end  of  two  years  in  that  employ  he  proceeded  to  Lake  county,  and 
commenced  hauling  borax  and  sulphur  with  fifteen  teams,  from  Borax  lake 
and  Sulphur  bank  to  Napa  in  company  with  C.  D.  Cheeney.  After  a 
twelvemonth  he  returned  to  San  Jose,  and  was  agent  of  the  steamer  Cora 
for  four  months.  He  then  opened  the  New  York  Exchange  in  1866  and  con- 
ducted it  for  four  years  and  a  half.  September  4, 18(37,  was  elected  Tax 
Collector;  September  1,  18G9,  and  September  6,  1871,  was  elected  County 
Treasurer.  On  the  expiration  of  his  term  of  office  he  purchased  the  Cam- 
ei'on  House  in  Santa  Clara  and  held  it  four  years,  when  he  sold  out,  came  to 
San  Jos^  and  opened  a  livery  stable  for  eight  months,  then  sold  it,  after 
which  he  was  variously  engaged  until  July  19,  1880,  he  became  agent  at  San 
Jo.se  for  the  South  Pacific  Coast  Railroad  Company. 

James  H.  Cornthwait.  Born  in  Baltimore,  Maryland, November  2, 1826, 
and  there  was  i-eared  a  gardener.  In  the  month  of  August,  1851,  he  arrived 
in  California  and  came  direct  to  Santa  Clara  county,  settling  with  J.  H. 
Ogier  on  the  place  now  occupied  by  that  gentleman.  Here  our  subject 
resided  until  1859,  when  selling  out  he  moved  to  his  present  farm  containing 
eighty-seven  acres,  where  he  raises  all  kinds  of  fruit  and  asparagus.  Mar- 
ried in  Baltimore,  July  10,  1857. 


704  HISTORY    OF   SANTA    CLARA    COUNTY,    CALIFORNIA. 

Andrew  J.  Cory,  A.  M.,  M.  D.  The  sulject  of  this  sketch  was  born 
in  Oxford,  Butler  county,  Ohio,  December  25,  1832.  He  received  his  educa- 
tion in  his  native  county,  and  after  graduating  from  the  High  school,  took 
his  degree  in  the  State  University  at  Oxford,  Miami  University,  in  1855. 
He  then  commenced  a  course  of  studies  in  the  Ohio  Medical  CoUeo^e  at  Gin- 
cinnati,  Ohio,  and  left  there  fall  of  honor  in  ISGD.  In  that  yesLV  he  sailed 
from  the  city  of  New  York  to  California,  and  landed  in  San  Francisco,  June 
13,  18G0,  and  coming  direct  to  San  Jose,  he  has  since  continuously  prac- 
ticed his  profession.  During  the  nine  years,  commencing  1801  and  ending  in 
1871,  he  has  had  charge  of  the  County  Hospital,  while  for  eight  years 
he  has  been  County  Coroner,  as  will  be  gathered  from  the  Table  at 
the  end  of  this  work.  Dr.  Cory  married,  October  23,  18G1,  Albeitenia, 
daughter  of  John  French,  an  old  pioneer,  a  native  of  Wisconsin,  and  has  : 
Ben  Brodie,  born  1803  ;-Janie,  born  1805;  Bertie,  born  1872,  died  1878. 
The  Doctor's  office  is  at  roosa  10  Commercial  Bank  Buildin":,  San  Josd. 

Benjamin  Cory,  M.  D.  The  subject  of  this  sketch,  whose  portrait 
appears  in  this  woi-k,  the  first  medical  practitioner  to  locate  in  Santa 
Clara  county,  was  born  in  Oxford,  Butler  county,  Ohio,  November  17, 
1822,  and  completed  his  education  at  the  Miami  University  of  that 
place,  from  which  he  graduated  in  1842.  After  the  completion  of 
his  academic  course,  he  entered  upon  the  study  of  medicine  with  his 
father,  then  a  physician  in  Oxford;  subsequently  attended  two  courses  of 
lectures  in  the  Medical  College  of  Ohio,  at  Cincinnati,  and  finally  took 
his  degree  of  M.  D.,  in  the  Spring  of  1845,  when,  entering  into  partner- 
ship with  his  father,  at  Oxford,  he  there  practiced  his  profession  untd  the 
early  part  of  1847.  At  this  period  the  Territory  of  Oregon  was  attracting 
considerable  attention.  The  Doctor  determined  to  emiorrate,  having;  that 
place  in  view  as  his  future  home,  accordingly,  in  company  with  James 
Smith,  and  Jo.seph  Wadleigh,  he  proceeded  by  the  rivers  to  St.  Joseph,  Mis- 
souri, where  they  procured  an  ox-team  and  wagon,  and  uniting  with  a  party 
from  Illinois,  started  on  their  long,  arduous  and  dangerous  journey.  Their  des- 
tination had  not  been  half-way  reached,  however,  when  there  was  a  split  in 
the  camp,  one  portion  of  the  band  desired  to  rest  on  the  Sabbath,  the  other 
voting  for  travel.  It  was  thus  divided,  our  subject  finishing  the  expedition 
in  the  company  of  Captain  Hawes,  without  further  incident  than  those  com- 
mon to  the  pioneer  journey ings  of  those  days.  In  the  month  of  October, 
1847,  Dr.  Cory  arrived  in  Oregon  City,  where  he  opened  an  office,  but,  after 
a  month,  he  proceeded  to  the  coast,  took  passage  in  the  brig  Henri/,  Captain 
Kilburn,  and  arrived  in  San  Francisco,  November  17,  1847 — the  anniver- 
sary of  his  twenty-fifth  birthday.  From  the  fact  of  there  being  already 
two  practicing  physicians  in  the  place — Doctors  Townsend  and  Fourgean 


i. 


^: 


VVJC'' 


^^^y 


BIOGRAPHIES — SAN   J0S6   TOWNSHIP.  705 

— the  sr.ltjoct  of  our  memoir,  remaining  but  two  weeks  in  Yerba  Buena, 
resolved  to  locate  at  the  Pueblo  de  San  Jose.  To  thi.s  end  he  secured  pas- 
sage in  a  launch  which  made  the  trip  to  the  embarcadero  at  Alviso,  but 
failin'r  to  make  connection  witli  the  cunibious  lof'-wlieeled  vehicle,  of  Mex- 
ican  manufacture,  that  took  the  place  of  a  stage  coach  in  those  days,  he  was 
compelled  to  pass  a  supperless  and  sleepless  night  on  the  craft  which  had 
brought  him  thither.  'J'lie  following  morning,  however,  he  chartered  a 
broncho  from  a  chance  Mexican,  for  which  he  paid  a  dollar  and  a  half — his 
last  remaining  treasure — and  arrived  in  San  Jose  on  or  about  December  1, 
1847,  with  no  money,  but  a  good  sup])ly  of  books,  surgical  instruments  and 
drugs.  He  put  up  in  the  fii'st  instance,  at  Peter  Davidson's,  but  the  price, 
one  dollar  per  day,  being  beyond  his  limit,  he  changed  his  lodging  to  the 
hotel  then  kept  by  Mr.  Z.  Jones,  where  the  necessaiies  of  life  were  obtained 
at  a  much  reduced  rate.  On  the  discovery  of  gold,  the  Doctor,  accompanied 
by  Z.  Jones,  were  the  first  to  leave  for  the  mines.  They  started  for  Mor- 
mon Island,  and  reached  the  place  by  way  of  Benicia.  They  there  pur- 
chased a  small  sack  of  the  dust,  and  returned  to  San  Jose  in  eight  days 
He  once  more,  how^ever,  sallied  fortli  to  the  mines,  on  this  occasirm  with 
Robert  Neligh,  taking  wuth  him  an  ox-team.  On  arriving  at  the  Carquinez 
Straits,  where  Martinez  now  stands,  they  found  there  assembled  so  iniiuense 
a  concourse  of  people  waiting  to  be  ferried  over  this  barrier  to  their  pro- 
gress, that  their  party  was  detained  eleven  days  ere  their  turn  cauie  to  be 
tran.sferred,  in  Dr.  Semple's  boat  to  Dr.  Semple's  town  of  Benicia,  then  on 
the  direct  route  to  the  Golden  District.  From  this  expedition  the  Doctor 
returned  in  the  month  of  November,  having  secured  about  four  thousand 
dollars  of  the  precious  metal.  He  was  elected  to  the  Lower  House  of  the 
first  Legislature  convened  in  this  State.  In  the  year  1850  he  was  elected 
one  of  the  Common  Council  of  the  city  of  San  Jose,  on  which  Board  he 
served  four  years,  and,  in  1872,  was  appointed  by  Governor  Newton  Booth 
a  Trustee  of  the  State  Normal  School,  which  office  he  still  holds,  besides 
which  he  now  holds  the  office  of  County  Physician.  With  the  exception  of 
the  two  visits  to  the  mines.  Dr.  Cory  has  been  a  continuous  resident  of  San 
Jose  since  his  first  ai  rival  in  the  county,  while  during  these  years  he  has 
become  so  well  known,  both  in  his  private  and  professional  capacity,  that 
it  would  be  a  work  of  supererogation  on  our  part,  as  well  as  presumption, 
were  we  to  lay  before  the  reader  his  unblemished  character  and  sterling 
worth.  Married,  March  16,  1853,  Sarah  Ann,  daughter  of  the  Rev.  John 
E.  Braly,  by  whom  he  has  eight  children  living. 

Royal  Cottle.     This  gentleman,  whose  excellent  likeness  will   be  found 
elsewhere  in  this  volume,  was  born  in  St.  Charles  county,  Missouri,  March  27, 
1810.     Here  he  received  his  education  and  followed    the  life  of    a  farmer 
45 


706  HISTORY    OF    SANTA    CLARA   COUNTY,   CALIFOllNIA. 

until  the  year  1832,  when  he  went  to  Burlington,  Iowa,  and  there  res'ded 
until  1847.  Crossing  the  plains  with  a  party  numbering  one  hundred  emi- 
grants under Palmer  in  that  year,  he  reached  Oregon  and  there  engaged  in 

his  own  particular  calling,  and  having  at  the  same  time  an  interest  in  a  small 
grist  and  saw-mill.  Mr.  Cottle  remained  in  that  Territory  until  the  discov- 
ery of  gold  in  California,  when  he  repaired  thither  and  built  and  opened  a 
store  in  Sacramento  in  partnership  with  John  S.  David.  They  paid  seven 
hundred  dollars  per  thousand  feet  for  lumber,  and  ten  dollars  a  day  wages  to 
workmen.  In  a  short  time  our  subject  disposed  of  his  share  in  the  business 
to  his  partner  and  went  to  Oregon  in  the  Fall  of  1849.  The  next  Spring 
(1850)  found  him  in  the  mines  once  more.  He  remained  until  Fall  then  hied 
himself  to  Oregon  where  he  dwelt  until  1857,  in  which  year  he  brought  his 
family  to  San  Jose',  Santa  Clara  county;  but  after  a  short  time  moved  with 
them  to  Gilroy.  Thence  Mr.  Cottle  proceeded  to  San  Benito  county,  acquired 
a  stock  ranch,  and  there  resided  until  1858,  in  which  year  he  came  to  his 
present  place  at  The  Willows,  near  San  Jose',  where  he  owns  one  hundred 
and  ten  acres  of  valuable  land,  sixty-five  acres  being  an  orchard.  In  the 
jear  1853,  Mr.  Cottle  was  elected  to  the  Oregon  Legislature.  Married,  firstly, 
in  Iowa,  October  12,  1841,  to  Sarah  Parker,  who  died  December  18,  1848,  by 
whom  there  are:  Franklin,  born  October  5,  1842;  Chatles,  born  September 
15,  1845;  Sarah  C,  born  December  15,  1848;  and  secondly,  in  Oregon, 
November  11, 1852,  to  Maiy  Bryant  and  has  had  four  children  :  Annette,  born 
October  2,  1853;  Alice,  bcrn  March  C,  1855;  Azella  Kelief,  born  January  2, 
1855,  died  Maich  21,  18C3  ;  Eoyal,  born  November  13,  1858. 

Eev.  John  Daniel  (Deceased).  Born  in  Philadelphia,  Pennsylvania, 
May  17,  1807.  In  early  life  he  resided  in  Maysville,  Kentucky,  and  New 
Albany,  Indiana,  in  which  latter  place  he  joined  the  Methodist  Conference  in 
1832,  and  after  supplying  different  puljiits  throughout  that  State  for  twenty 
years  he  emigrated  to  California,  by  way  of  the  Isthmus  of  Panama,  and 
arrived  at  San  Francisco  in  the  Winter  of  1852,  coming  as  a  missionary.  The 
reverend  gentlemen  was  present  at  the  first  Methodist  Episcopal  Conference 
held  en  this  coast  at  San  Francisco  in  the  year  1853,  while  his  first  charge 
in  this  State  was  as  Presiding  Elder  of  the  Marysville  District.  Mr.  Daniel 
then  took  the  church  at  Santa  Clara,  and  afterwards  that  at  San  Jose',  when 
he  retired  for  a  year  taking  a  superanuatecl  relation.  At  the  end  of  that 
period  he  had  pastoial  care  of  the  Seamen's  Bethel  in  San  Francisco,  and 
being  once  more  superanuated  he  retired  to  Santa  Clara  for  five  years.  Return- 
ing, however,  to  his  sacred  calling  we  find  Mr.  Daniel  serving  the  churches 
at  Woodbridge,  San  Joaquin  county;  Monterey,  Fairfield,  Solano  county; 
Alameda,  San  Joi-eand  Btrreyessa,  Santa  Clara  county;  after  which  he  set- 
tled in  East  San  Joi-e',  and  there  died  October  18, 1880,  lull  of  years  and  honor- 


BIOGllAi'IIIES — SAN    JOS£    TOWXHIIir.  707 

Married,  January  2G,  1S30,  HiMa  R.  West,  who  was  born  in  Wayne  county, 
Pennsylvania,  March  5,1811. 

Stephen  W.  de  Lacy.  'Ihe  subject  of  this  sketch,  whose  portrait 
appears  in  this  work,  Avas  born  in  the  city  ot"  New  Orleans,  Louisiana,  May 
3,  1843,  where  he  learned  the  trades  of  ship  carpentering  and  steam  enj^i- 
neerini^.  Removing  to  New  York  in  the  year  1863,  he  remained  but  a 
short  time,  when  he  sailed,  rid  the  Isthmus  of  Panama,  to  California,  and 
arrived  in  San  Francisco  July  3,  bS(j3.  Coining  iminediately  to  the  Santa 
Clara  valley,  he  first  settled  in  Alinailen  township,  but  at  the  end  of  two 
years  removed  into  the  city  of  San  Jose,  and  commenced  business  as  a 
contractor  and  builder,  and  continued  at  this  for  several  years.  In  1870  he 
connected  himself  with  journalism.  Since  that  period  he  has  had  consider- 
able experience  in  the  art.  His  initial  work  was  on  the  San  Jose  Inde 
pendent,  after  which  he  and  his  brother,  Hugh  A.  de  Lacy,  started  the  Weekly 
Reporter.  Withdi-awing  from  this  periodical  he,  in  1872,  joined  the  Fioche 
Record,  a  newsjiaper  published  in  Pioche,  Lincoln  county,  Nevada,  and  was 
its  ciry  editor  for  nearly  a  year.  In  1873  he  retui-ned  to  San  Jose  and 
assumed  the  city  editorship  of  the  Daily  Evening  Patriot,  then  under  the 
conti-ol  of  F.  B.  Murdoch;  when  that  journal  became  merged  in  the  Herald 
Mr.  de  Lacy's  position  continued.  In  1879  he  resigned  this  position  to 
begin  the  publication  of  the  Daily  Morning  Times.  His  perseverance  and 
enterprise,  added  to  a  rare  perception  and  keen  appreciation  of  the  wants 
of  the  reading  public,  render  him  peculiarly  adapted  for  the  role  he  has 
filled  and  is  now  filling.  As  the  Times  is  now  in  the  third  year  of  its  exist- 
ence, and  firmly  established,  it  is  probable  that  Mr.  de  Lacy  will  spend  the 
remainder  of  his  life  in  conducting  that  journal.  Mr.  de  Lacy  married, 
Septeudxn-  10,  1875,  Clara  J.,  daughter  of  J.  W.  Haskell,  and  has  three 
children:  Edith  Viola,  Walter  Haskell,  and  Stephen  Percival  de  Lacy. 

D.  M.  Delmas.  The  subject  of  this  brief  narrative,  whose  portrait 
appeal's  in  this  work,  was  born  in  France,  April  14,  1844,  and  ten  years 
later  joined  his  father,  who  had  emigrated  to  California  in  1849,  and  was 
then  located  in  San  Jose,  Santa  Clara  county.  Mr.  Delmas'  Alma  Mater  is 
the  famous  Santa  Clara  College,  where  he  matriculated  in  1858,  and  received 
the  degrees  of  Artiuni  Baccalaareus  in  1862,  and  Artiuin  Magister  in  1863 
carrying  off  the  highest  honors  of  his  class.  In  July  of  this  year  Mr.  Del- 
mas commenced  the  study  of  law  in  the  office  of  S.  W.  Holladay,  in  San 
Francisco,  and  a  few  months  later  proceeded  to  Yale  University,  whence  he 
graduated  in  the  Law  Department  in  1865.  In  September  of  that  year  he 
was  admitted  to  the  Supreme  Court  of  Connecticut,  but  sliortly  thereafter, 
returning  to  San  Jose',  he   was  called  to  the  Bar  of  the  Supreme  Court  of 


708  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

California  in  February,  18G6,  enteiing  into  partnership  in  that  Spring  with 
Mayor  B.  D.  Murphy.  In  1867  Mr.  Dei  mas  was  elected  District  Attorney 
of  Santa  Clara  county,  and  discharged  the  duties  of  that  office  for  two 
years.  In  1872  he  took  a  year's  rest,  at  his  home  in  San  Jose,  from  his 
hitherto  incessant  labors,  and  in  1873  became  a  partner  in  the  law  tirm  of 
Moore  &  Laine,  where  he  remained  till  the  month  of  January,  1876,  when 
he  opened  legal  chambers  of  his  own,  and  has  since  practiced  his  profession 
without  associates.  In  1879  he  made  a  trip  to  Europe  for  recreation,  return- 
ing in  April,  1880.  His  offices  arf  in  Paul  Block,  rooms  Nos.  1,2,3,  4  and  5, 
a  magnificent  pile  of  buildings  situated  on  First  street,  San  Jdsd,  which  he 
owns  himself,  and  which  he  has  named  after  his  son  Paul.  Tliese  offices 
contain  his  library,  of  over  three  thousand  volumes,  the  largest  and  most 
complete  private  law  library  in  the  State.  To  draw  a  comparison  is  at  all 
times  an  invidious  task,  but  to  say  that  Mr.  Del  mas  is  one  of  the  most  dis- 
tinguished lawyers  of  the  day  is  but  to  assert  what  is  acknowledged  on 
every  hand.  Proof,  if  proof  were  necessary  to  confii'm  the  assertion,  is  to 
be  found  in  the  number  of  intricate  cases  in  which  he  has  been  retained,  not 
only  in  the  city  of  his  residence  but  in  the  courts  abroad.  Combining  with 
a  clear  intellect  the  rare  gift  of  eloquence,  Mr.  Delmas  has  placed  himself  at 
the  head  of  his  profession.  In  the  many  difficult  cases  in  which  he  has 
appeai'ed,  he  has  brought  a  large  knowledge  of  law  to  ai^l  him  in  the 
unraveling  of  knotty  points,  while,  privately,  we  ma_y  add  that  he  is  an 
impartial  friend,  warm  of  heart  and  kindly  in  disposition,  ever  couiteous  to 
all,  friend  and  foe  alike,  while  he  is  an  undoubted  ornament  to  the  Bar  of 
Calif(^rnia.  He  married,  April  7,  1869,  Pauline,  daughter  of  J.  P.  Hoge,  a 
native  of  Galena,  Illinois,  and  has  four  children:  Delphine,  Paul,  Antoinette. 
and  Josephine. 

Henry  W.  Edwards.  Born  in  Chicago,  Illinois,  March  1,  1842.  In 
1850  he  crossed  the  plains  with  his  father,  Henry  Edwards,  who  after 
remaining  at  Placerville  for  a  short  time,  embarked  in  mining  on  the  Amer- 
ican river,  in  1851.  In  the  following  year  he  commenced  a  butchering  busi- 
ness in  Marysville  and  Sacramento,  which  he  continued  until  1853,  in  the 
Winter  of  which  year  he  came  to  Santa  Clara  county.  In  the  citj^  of  San 
Jos^  his  father  entered  into  the  management  of  the  "  Farmers'  Home,"  a 
hotel  he  conducted  until  1855,  when  he  commenced  farming  and  continued 
until  his  death  in  1872.  In  1863  the  subject  of  our  sketch  went  to  Virginia 
City,  Nevada,  opened  the  Eureka  Hotel,  and  became  interested  in  mining, 
but  meeting  with  reverses,  returned  to  the  Santa  Clara  valley  in  1864.  He 
labored  for  monthly  wages  for  a  time  and  then  rented  the  property  he  now 
owns.  In  1870  he  purchased  a  portion  of  the  ranch,  and  the  remainder  in 
1871,  the  entire  tract  comprising  two  hundred  and  thirt}'  acres.     Married, 


BIOGRAPHIES — SAN    J0S6    TOWNSHIP.  709 

December  11,  18G7,  Alice  Hall,  a  native  of  Missouri,  who  was  reared  in  Cal- 
ifornia, by  whom  he  has:  Cora  M.,  born  August  15,  18G9;  Wilber  J.,  born 
Novemb<u-  6,  1873. 

Alexander  Combs  Erkson.  The  subject  of  this  notice  Avas  born  in 
Delaware  county,  New  York,  March  7,  1811,  where  he  attended  school  and 
resided  until  sixteen  years  of  acre.  At  eighteen  he  was  teachincj  a  school  in 
his  native  county,  an  occupation  he  pursued  in  New  Jersey  whither  he  had 
moved.  Returnini;',  however,  to  Delhi,  in  the  county  of  his  birth,  he  entered 
a  mercantile  house  and  there  remained  until  184-7,  when  he  removed  to 
Keosanqua,  Van  Buren  county,  Iowa,  arriving  thei'C  May  1st  of  that  year, 
and  thei'eafter  became  enjfatred  in  runninsf  a  steam  flouring  and  a  steam  saw- 
mill.  On  the  2Gth  of  May,  1849,  a  company  was  foinned  at  Kanesville, 
Iowa,  under  the  name  of  the  "  Bailg-er  Company,"  having  for  its  object  the 
mutual  safety  of  its  members  while  emigrating  to  California.  At  this  meet- 
ing A.  C.  Erkson  was  Chairman  and  O.  C.  Wilder,  of  Wisconsin,  Secretary. 
A  Constitution  and  By-laws  v/ere  drafted  by  five  of  its  members,  IMr.  Erk- 
son being  Chairman  of  the  committee.  The  following  were  elected  officers: 
L.  Corn  well.  Colonel  ;  ?]lias  Hand,  Lieutenant  Colonel;  Henry  C.  Skinner, 
Quartermaster;  A.  C.  Erkson  Recording  Secretary.  Following  we  here  re- 
cord the  names  of  the  entire  company  that  they  may  be  preserved  for  future 
reference:  S.  H.  Tryon,  S.  L.  Wallace,  Justus  Wells,  Dennis  Tr3'on,  A.  B. 
Dumont,  Devillo  Hakes,  Jesse  Tryon,  Sr.  and  Jr.,  Carlon  Tryon,  Robt.  Osborn, 
Price  Kindreck,  John  O.-^born,  Nattey  Osborn,  John  M.  Taylor,  Henry 
Gornwell,  Abram  Folck,  Sr.  and  Jr.,  John  Folck,  Burr  Bassett,  Elias  Cole, 
S.  Nortln-up,  N.  B.Hand,  I.  P.  Lyon,  Elias  Hand,  Arvillo  Hand,  E.  P.  Hand, 
Lewis  Parkhurst,  Joseph  Giess,  J.  B.  Atwater  J.  S.  Cochran,  L.  Clark,  F. 
W.  Merritt,  J.  B.  Galloway,  A.  Vedder,  W.  Tabor,  A.  Oldson,  Wm.  Daggett, 
S.  Donham,  Joseph  Baldwin,  D.  Brinkhoof,  H.  C.  Skinner,  John  F.  Fiench, 
Silas  Helmer,  Charles  Mood}',  L.  Ward,  Volney  Moody,  R.  G.  bloody,  Joseph 
Valier,  L.  Cornwell,  John  Spring,  Richard  Fuller,  0.  (!.  Wilder,  J.  L.  Clark 
A.  C.  St.  John,  Wm.  Souther,  John  Coad,  John  Simon,  William  Phillips, 
Charles  McCabe,  Ashel  Bennett,  D.  I.  DiUy,  Ellhu  Bennett,  Daniel  AVheeler,* 
A.  P.  More}^  A.  Benson,  Francis  Bedford,  Caleb  Nordyke,  Joseph  Day,  Wm. 
Abbott,  Rochard  Statswell,  Andrew  Sluman,  C.  A.  Hugh,  Jarvis  Whitman, 
C.  D.  and  Geo.  Buck,  A.  We.stover,  J.  D.  Tuckei-,  Wm.  L.  Potts,  Wm.  Latta. 
Wm.  Goodwin.  Stephen  Betts,  Wesley  and  James  Harrow,  Harmon  Corwin, 
Dorson  Baldwin,  G.  M.  and  S.  S.  Williams,  J.  R.  Coffin,  Wm.  K.  Underbill, 
Daniel  R.  Funk,  G.  W.  Worden,  G.  W.  Harrington.  A  portion  of  this  a.sso- 
ciation  left  Council  Bluffs,  Tuesday,  May  29,  1849,  and  the  remainder  on  the 
30th,  on  the  31st  they  camped  together  on  the  west  bank  of  the  Elk  Horn 
river,  and   on   the   evening   of  June   3l1,  a   meeting   was  called  when  S.  H. 


710  HISTORY    OF    SANTA   CLARA   COUNTY,    CALIFORNIA. 

Tryon,  for  himself  and  others,  requested  permission  to  withdraw  from  the  com- 
pany and  be  allowed  to  proceed  in  advance.  On  the  4th,  nine  of  the  wao^  ms 
started  on  ahead;  on  the  6th,  nine  more  followed,  and  without  doubt  jo.ned 
their  companions  who  had  left  two  days  previously.  At  the  crossini:^  of  the 
Elk  Horn  river,  twenty-seven  miles  from  the  upper  ferry  of  the  Missouri, 
the  remaining  portion  of  the  company  overtook  some  Mormons  who  had 
with  them  six  wagons.  They  were  in  number  seven  men,  eight  women  and 
six  children.  At  their  request  they  were  granted  the  privilege  of  joining  the 
company  and  i-emain  with  them  until  Salt  Lake  City  was  attained,  whither 
they  were  proceeding.  On  Jane  28th  the  party  now  under  notice  were  at 
Scott's  Bluffs,  on  the  Platte  river;  at  Furt  Laramie  another  division  of  the 
company  took  place;  in  August  Mr.  Erkson  and  a  portion  of  the  coiDpany 
arrived  at  Salt  Like  City  and  camped  on  tlie  banks  of  the  Jordan.  Here 
they  were  advised  by  the-'Mormons  to  remain  six  weeks  until  the  weather 
became  cooler,  then  to  proceed  by  the  southern  route,  which  counsel  was  fol- 
lowed. Now  they  found  themselves  short  of  funds,  therefore  the  subject  of 
our  sketch  and  his  companions  set  to  work  for  the  Mormons,  whereby  they 
earned  sufficient  to  keep  them  in  provisions  for  present  and  future  use. 
Here  they  tarried  until  Octob'r  1st,  when  one  hundred  and  four  wagons 
with  two  ox-carts  took  up  their  line  of  march  for  the  rendezvous  at  Hubble 
creek,  taking  with  them  Captain  Hunt,  a  Mormon,  who  had  already  ma  le  the 
journey  to  California  as  guide,  paying  him  one  thousand  dollars  fur  his  ser- 
vices. Matters  proceeded  quietly  until  the  1st  November  when  a  large  pro- 
portion of  the  train  becoming  dissatisfied  with  the  route  traveled  proposed 
to  move  in  a  direct  western  course,  and  thus  reach  California  by  a 
shorter  road.  Mr.  Erkson  at  first  did  not  intend  to  accompany  these, 
but  through  the  intercessions  of  his  wife  and  friends,  he  consented  to  join 
them.  At  the  end  of  two  days  they  came  on  an  elevated  plateau  where  the 
mountains  formed  a  cal  de  sac,  and  here  pitched  their  camp  and  named  the 
place  "Mount  Misery;"  scouts  were  sent  out  who  reported  the  discovery  of 
an  opening  in  the  hills,  on  which  a  large  proportion  of  the  party  pusiied  on, 
many  of  them  to  find  an  untimely  death  in  their  fastnesses.  Others  of  the 
company  followed  the  mountain  chain  until  they  came  on  Captain  Hunt's 
trail,  by  which  they  entered  California.  But  our  duty  lies  not  so  much 
with  the  doings  of  the  Badger  company,  as  it  does  with  the  subject  of  this 
sketch.  He  retraced  his  steps  from  Mount  Misery;  on  the  10th  Novem- 
ber took  up  the  trail  directed  by  the  old  guide;  and,  on  December  2Cth, 
reached  the  Mohave  river,  where  provisions  were  found  that  had  been  pro- 
cured by  an  advance  guard  of  young  men  sent  ahead  for  that  purpose. 
Pursuing  their  journey  they  arrived  at  the  Chino  Rancho  of  Colonel 
Williams,  where  they  remained  one  week;  thence  to  the  Mission  San  Gabriel 
where  a  stay  of  six  weeks  was  made  to  recuperate  their  jaded  cattle;  arriv- 


BIOGRAPHIES — SAN   J0S6   TOWNSHIP.  711 

inf^  at  Los  Angeles,  they  left  it  March  15,  1850;  in  due  time  the  San  Fei'- 
nanJo  Mission  was  attained,  and  at  last  the  Kern  river,  which  after  crossing 
on  a  raft,  they  traveled  to  Visalia,  and  tlie  A([ua  Frio  mines.  Here  Mr. 
Eikson  tarried  a  year,  hut  liis  mining  operations  proving  unsuccessful,  he 
sought  for  otlier  employment,  and  fortunately  meeting  William  Phillips,  a 
fellow-traveler  from  Iowa,  he  was  recommen  leil  to  go  to  Stockton,  purchase 
goods,  and  sell  them  to  the  miners.  Mr.  Erksou  replied  that  he  had  no 
money.  "Then  get  trusted  for  tliem,"  was  the  answer.  A  day  was  set  apart 
when  he  should  accompany  his  fi'ien  1,  who  promised  to  assist  him  in  pro- 
curing the  necessary  stock  in  trade,  but  owinof  to  unforeseen  circumstances, 
he  was  a  day  too  late.  Phillips  had  started  on  the  previous  day.  Oir  sub- 
ject there  fore  followed,  encountered  him  with  liis  store  of  merchandise,  and, 
in  accordance  with  his  suggestions,  pursued  his  journey  to  Stockton.  Here 
he  commeiicel  operations.  On  it  being  ascertained  the  team  he  drove  was 
his  own,  and  that  he  had  a  Avife  and  family,  he  was  told  he  could  have  all 
the  gools  he  wanted.  Mr.  Eikson  followed  this  business  until  he  came  to 
Santa  Clara  county,  taking  up  his  residence  in  Alviso  township,  April  1, 
1851,  on  the  farm  now  owned  by  Mrs.  Fenton,  he  having  purchased  the 
land  when  on  a  visit  in  the  previous  January.  In  the  year  1864  he  disposed 
of  the  farm,  and  moved  to  San  Francisco,  and  thence  to  San  Josd,  in  Juncj 
1869,  where  he  now  resides,  at  No.  522  Second  street.  Married,  in  Delhi,  New 
York,  April  19,1833,  Caroline,  daughter  of  William  Mdlanl,  who  accompan- 
ied her  husband  across  the  plains  and  with  him  endured  the  hardships  attend- 
ant upon  their  journey.     They  have  no  children. 

Barnard  S.  Fox.  r>oin  in  County  Dublin,  Ireland,  May  16,  1816, 
where  he  learned  the  tia  le  of  nurseryman.  In  18 18  he  came  to  the  United 
States,  landinjr  in  New  York  in  November,  and  in  December  was  en^racfed  in 
the  nursery  business  in  Massachusetts,  where  he  remained  nearly  live  yeai's. 
At  the  end  of  this  time  he  was  sent  to  California,  by  Commodore  Stockton 
and  S.  W.  Aspenwall,  to  superintend  a  nursery  on  the  Stockton  Ranch.  Here 
he  remained  two  years,  an<l  then  purchasing  four  acres  of  that  tract,  com- 
menced on  his  own  accourt,  the  businass  of  a  nurseryman.  At  the  expira- 
tion of  two  years  more  he  moved  to  the  location  he  now  occupies,  about 
three  miles  from  San  Jose,  where  he  owns  one  hundred  and  twenty-six 
acres,  and  rents  for  nursery  purposes,  one  hundred  and  fifty  more.  Mr, 
Fox  is  the  pioneer  nurseryman  of  Santa  Clara  county,  and  the  oldest  living 
in  the  State.  In  the  year  1864  he  was  absent  .seven  months,  on  a  visit  to 
Europe,  and  in  1872  was  on  a  tour  in  the  Eastern  States.  With  these 
exceptions,  Mr.  Fox  has  lived  continuously  in  California  since  his  advene  in 
the  State.  Since  writing  the  above  we  have  to  record  the  demise  of  Mr. 
Fox,  who  died  July  20,  1881. 


712  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

Christian  D.  Gladewitz.  Born  in  the  Province  of  Brandenberg,  Ger- 
many, December  24,  1S33,  where  he  learned  the  trade  of  gardener,  and 
worked  at  it  until  1855,  in  which  year  he  came  to  the  United  States,  and 
settled  in  Detroit,  Michigan.  Here  he  followed  his  avocation  until  1862,  in 
which  year  he  arrived  in  California.  He  came  at  once  to  Santa  Clara  county, 
and  was  for  the  first  eighteen  months  on  land  rented  from  Albert  King,  but 
his  crop  proving  a  total  failure,  he  w^ent  out  and  worked  for  hire  until  his 
debts  were  paid.  He  was  then  appointed,  by  the  Mayor  and  Common 
Council  of  the  city  of  San  Jose,  Superintendent  of  the  Oak  Hill  Cemetery,  a 
position  he  held  for  thirteen  years,  during  which  he  labored  to  make  the 
place  the  attractive  spot  it  now  is.  He  then  took  up  his  residence  on  his 
present  farm,  where  he  has  eighty-six  acres  of  land.  Married,  at  San  Jose, 
August  31,  1875,  Mrs.  Eliza  Dethlotf,  a  native  of  Germany. 

David  Greenawalt.  Born  in  Lehigh  county,  Pennsylvania,  April  2, 
1824-.  When  young  he  accompanied  his  parents  to  Mercer  county,  and  there 
received  his  education,  being  brought  up  a  farmer.  AVhen  but  fourteen 
years  of  age  he  lost  his  mother,  and  his  father,  Septeniber  17,  ISGD.  In  1846 
he  moved  to  Wiscon.sin,  and  w^as  there  variously  employed  until  IS.jO,  in 
which  year  he  crossed  the  plains  to  California,  arriving  in  Hangtown  (now 
Placerville),  August  2d.  Here  he  engaged  in  mining  for  a  short  time,  and 
then  removed  to  Santa  Clara  countv,  locating,  in  1852,  between  Stevens' 
and  Campbell's  creeks,  where  he  engaged  in  stock-raising  until  1855.  He 
then  settled  to  the  east  of  the  New  Ahnaden  mine,  and  resided  until  1867' 
when  he  came  to  his  piesent  farm,  comprising  two  hundred  acres  of  fair 
lands.  In  1877  he  erected  his  fine,  commodious  mansion.  Married,  Novem- 
ber 9,  1851,  Eliza  Booth,  a  native  of  England,  who  crossed  the  plains  to 
California  in  1846,  and  has:  George,  Mary  E.,  EJney  L.,  Amelia  A.,  David 
W.,  John  K.,  and  Thomas   B. 

Winiam  Henry  Green.  Born  in  England,  November  22,  1847,  and 
was  there  educated.  In  the  year  1869,  he  came  to  the  United  States,  and, 
landing  in  New  York,  thence  proceeded  to  San  Jose',  Santa  Clara  county, 
California,  in  1870.  Mr.  Green  has  been  engaged  in  business,  in  San  Jose, 
ever  since  his  arrival,  and  is  the  present  proprietor  of  the  St.  James  Hotel 
Saloon.  Married,  May  24,  1877,  M-irgaret  Sullivan,  a  native  of  Massachu- 
setts. 

William  Benjamin  Hirdy,  was  born  December  18,  1839,  in  the 
county  of  Middlesex,  State  of  Virginia.  His  father,  John  Hardy,  was  a 
prosperous  farmer  of  that  section  of  country,  and  dispensed  a  hospitality 
worth}'  the  reputation  of  an  old  Virginia  gentleman.  The  subject  of  this 
sketch  was  educated  in  the  best  schools  the   country  could   afford,  and   early 


BIOGRAPHIES — SAN   JOSI?;   TOWNSHIP.  713 

showed  talent  for  mathematical  studies  and  the   classics.      Perhaps   no  State 
in  the  Union  can  excel  Vit<,dnia  in  its  sy.stem  of  academies  where  the  liigher 
branches  of  learning  are  taught.     In  1858  lie  entered  the  Virginia  Military 
Institute  where  the  afterwards  famous  "  Stonewall"  Jackson  was  one  of  the 
professors.     The  military  training  and  discipline  under    this  old  hero   could 
not  fail  to  impress  the  characters  of  young  men,   brought   together  fiom  all 
parts  of  the  South.     The  curiiculum  of  the  institution   was  in   all   lespects 
similar  to  that  of  the  Military  Academy  of  West  Point,  and  the  rules  and 
custou)  of  the  cadets  were   also  similar,  not  even   excepting  the  midnight 
tricks  played  upon  the  new-comers.     Many  a  laughable  joke  is  told   of  how 
some  poor  fellow,  fre>h  from  his  mother'.s  care,  was  roUeil  in  a  barrel  at  the 
dead  hour  of  night,  down  some   rocky  hill,  or  tied  in  a  sack,  both   heal   and 
heels,  and  plunged  into  some  neighboring  millpond.     The  shouts  of  laughter 
which  greeted  these   choice  performances  were  au\  thing    but  coiufoi-ting  to 
the  fresh  arrivals   who   could  only    console   themselves  that   their  time  for 
retaliation  would  come  in  the  future.     Mr.  Hardy   maintained  a  higli   rank 
in  his  classes,  standing  fourth  in  a  class  of  forty  meml)ers,  and  in  accordance 
with  the  regulations  of  the  institution  was  recommended   for  proficiency  to 
the  Governor  of  his  State.     At  the  breaking  out  of  the  war,  he  immediately 
rettn-ned  home  where  he    helped  to  organize   a  battery  of  light  artillery  of 
which  he  was  elected  First  Lieutenant.     Tuis  battery  was  placed  at  once  in 
active  service,  and  participated  in   all  the  principal  battles  of  the  Army  of 
Northern  Virginia,  from   Manassas  to  Appomattox.      Composed  of  young, 
brave  and  enthusiastic  members  this  battery  could  scarcely  avoid  making  an 
enviable  record  for  itself.     Under  the  command  of  "Stonewall"  they  got  into 
many  a  dangerous  scrimmage  Avith  the  enemy  where  the  shot  and  shell  rained 
around,  dealing  death  and  destruction  on  every  hand.      For  gallant  conduct 
at  the  battle  of  Cedar  Mountain,    Lieutenant   Hardy  was  complimented  in 
general  orders,  and  promoted  to  be  Captain.     He  continued  to  command  his 
battery  at  Manassas  at  the  second  battle  at  that  place,  and  also  .luring  the 
subsequent  brilliant  campaign  of  Lee  into  Maryland.      Shortly  after   this  he 
was  taken  prisoner,  and  spent  eighteen  months  in  the  prison  pen  at  John-son's 
Island,  Lake  Erie,  near  Sandusky,  Ohio.     His  sufferings  'at  this  place  were 
enhanced  by  the  insufficiency  of  his  clothing  and  the  extreme  coldness  of  the 
climate  in  Winter.     It  would  be  hard  to  exaggerate  the  mental  suffering  of 
prisoners  far  away  from  home  and  friends,  and  knowing  them  to  be  exposed 
to  all  thedanorers  an<l  terrors  of  war.      When  the  time  did  come   at   last   i'or 
exchange,  it  may  well  be  imagined  that  the  Captain  was  not  slow  to  respond, 
and  take  his  place  again  among  his  old  comrades  upon  the  tented  field.     He 
followed  the  Stars  and  Bars  through   manv  a  wearv  march,  sometimes  to 
defeat,  but  often  to  victory;  but  his  zeal  in  the  cause  of  his  country  never 
failed.     On  account  of  his  military  education  Captain  Haidy  was  promoted 


714  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

to  be  Major  and  Inspector  of  Artillery  which  position  he  held,  until  he 
sheathed  his  sword  at  Appomattox.  In  May,  18(i8,  he  removed  with  his 
family  to  California,  and  settled  at  San  Jose.  In  1871  he  was  elected  to  the 
chair  of  Natural  Science  in  the  Pacific  Methodist  College  at  Santa  Rosa, 
which  position  he  held  for  three  3^cars,  but  was  compelled  to  resign  it  at  the 
end  of  that  time  on  account  of  ill-health,  when  he  returned  to  San  Jo>e.  He 
was  elected  two  successive  terms  to  the  oflice  of  County  Recorder  and  Auditor, 
and  when  he  vacated  tliat  office  he  was  admitted  to  practice  law,  by  the 
Supreme  Court  of  this  State,  and  continues  in  the  profession  at  the  piesent 
time. 

Wilson  Hays.  Born  in  Clinton  count}^  Pfnns3'lYania,  July  15,  1839, 
and  there  received  his  early  education.  At  the  age  of  seventeen  years  he  emi- 
grated with  his  parents  to  Fulton  county,  Illinois;  he  received  an  academic 
training  at  Lombai'd  UniVersity,  Galesburg,  Knox  county,  of  four  years- 
In  18G1  he  came  overland  to  California,  and  settled  in  Nevada  City,  in  the 
county  of  that  name  ;  but  in  18G3  he  moved  to  Idaho  Territory.  In  the  Fall 
of  I860  he  returned  to  his  native  State  by  water,  and  the  following  Spring 
made  the  journey  to  Montana  Territory  across  country.  Here  he  remained 
until  the  Fall  of  1868,  when  he  moved  to  Colorado  and  engaged  in  the  cattle 
trade.  In  the  Spring  of  1870  he  removed  to  the  State  of  Nevada  and  engaged 
in  mining;  made  money,  and  returned  to  Pennsylvania  where  he  married 
Tacie  R.,  the  only  sister  of  ex-U.  S.  Senator  Alexander  McDonald  of 
Arkansas.  In  May,  187-1',  Mr.  Hays  arrived  in  Santa  Clara  county,  and  still 
resides  in  San  Jose,  being  Vice-President  and  Manager  of  the  Manufacturing 
Department  of  San  Jose  Fruit  Packing  Company.  Mr.  Hays  has  an  only 
child  :  Horace  McDonald. 

Michael  Hogan.  Born  in  Clyde,  Wayne  county.  New  York,  November 
10,  18.51.  When  but  an  infant  he  was  taken  by  his  parents  to  Canada,  but 
in  1862  moving  to  Buffalo,  here  the  subject  of  this  sketch  resided  until  com- 
ing to  California.  He  arrived  in  San  Francisco,  via  Panama,  February  11, 
1878.  On  arrival  he  followed  his  trade  of  sail-maker,  until  April  28th, 
when  he  came  to  San  Jose',  Santa  Clara  county,  and  established  himself  in 
the  grocery  store  in  East  San  Jose,  at  the  corner  of  Santa  Clara  and  Clay 
streets.  Married,  April  18,  1881,  Fannie  Dolliver,  a  native  of  Nevada  county, 
California,  who  was  born  May  8, 1862. 

Frederick  T.  Holland.  BorninManchester,  England,  October  8, 1843. 
When  but  eiofht  years  of  a^-e  he  came  with  his  mother  to  the  United  States 
(his  father  being  dead),  and  took  up  his  residence  in  New  Jersey,  where 
they  remained  nearly  five  years.  In  1857,  our  subject  came  to  California 
via  the   Isthmus  of  Panama  and  arrived  in  San  Francisco  the  25th  of  Jan- 


BIOGRAPHIES — SAN   JOSI^:    TOWNSHIP.  715 

uary  of  that  year.  C  )ming  direct  to  Santa  Clara  county,  he  maintained  a 
residence  there  till  February,  18G2,  when  he  shipped  asasailor  and  fullowed 
the  sea  for  seventeen  months,  visiting  his  native  country  in  the  meantime. 
His  return  trip  to  this  land  he  inade  in  tiie  leviathan  steamer  Great  Enstern, 
and  after  landing  in  New  York,  and  paying  a  month's  visit  in  New  Jersey, 
he  once  more  came  to  the  Pacific  shores.  In  1SG9  he  moved  to  liis  present 
property  where  he  is  engaged  in  fruit  growing.  Manied,  October  8,  18G0, 
Jennie  S.  Jones,  a  native  of  Mount  Pleasant,  Htniy  count}',  Iowa,  and  has: 
Evart  A.,  born  August  22,  1870 ;  Fre  lerick  Chester,  born  March  25,  1874  ; 
Carlton  Lester,  bora  November  13,  1879. 

Hon.  Cyrus  Jones.  The  subject  of  this  sketch  was  born  in  Clark 
county,  Ohio,  June  21,  1822,  and  was  educated  at  the  Academy  at  Spring- 
field, in  that  State.  In  April,  1850,  he  moved  to  Towanda  township,  Mc- 
Lean tounty,  Illinois,  where  he  engaged  in  farming,  stock-raising  and  stock- 
shipping  to  Chicago  and  New  York.  He  was  married  February  3,  1853,  to 
Margaret  K.,  daughter  of  Judge  James  Rayburn  of  the  same  county.  About 
this  time  he  to;>k  a  fancy  to  fine  stojk  an  1  commenced  breeding  Short  Horn 
Durham  cattle,  and  for  a  number  of  years  owned  one  of  the  finest  hertls  in 
the  county,  and  was  one  of  the  principal  e.Khibitors  at  the  count)^  and  State 
fail's.  August  1,  1872  he  sold  at  i)ul)lic  aa3tioa  his  herl  consisting  of  fifty- 
two  head,  for  twentv-two  thousand  dollars.  In  the  Fall  of  1872heemiirrated 
to  California,  spending  the  first  Winter  at  Saiita  Barbara,  and  thence  to 
San  Jos  where  he  arrived  in  April,  1873.  In  company  with  General  Giles 
A.  Smith  he  purchased  what  is  known  as  Avenue  Ranch,  containing  six 
hundred  and  sixteen  acies.  Still  having  a  strong  desire  for  fine  stock,  Mr. 
Jones  returned  to  the  States  of  Illinois  and  Kentucky  and  purchased  a  herd 
of  S  lort  Hjrns  for  pisbimo  on  Aveau3  Rmc'i.  ASoib  three  years  after 
General  Smith  died,  and  the  herd  was  sold  and  distiibuted  over  the  State, 
forming  the  nucleus  of  several  new  herds.  In  March,  1880,  Mr.  Jones  sold 
his  interest  in  Avenue  Ranch,  and  removed  to  San  Jose  wliere  he  now 
resides.  In  the  year  1872  there  was  a  Stat 3  Cattle  Breeders'  Association 
formed  in  San  Francisco,  of  which  Mr.  Jones  became  a  member,  and  in  1874 
was  elected  its  President,  which  office  he  still  holds.  He  was  also  elected  as 
a  Director  in  the  State  Board  of  Agriculture  in  1878,  and  held  the  position 
for  a  term  of  two  years.  In  1875  he  received  the  nomination  and  was 
elected  by  the  Republican  party  to  the  Assembly  and  held  the  office  for  one 
term;  was  again  renominated  but  suffered  defeat  at  the  hands  of  the  Demo- 
cratic party.  The  New  Constitution  found  in  Mr.  Jones  one  of  its  most 
ardent  supporters,  and  after  its  adoption  was  nominated  for  the  State  Treas- 
urership  by  the  party  which  sprung  into  existence  under  its  caption.  Mr. 
Jones  was  sent  by  the  Republican  party  as  an  alternate  to  the  Cincinnati 


71 G  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

Convention  that  nominated  Rutherford  B.  Hayes  to  the  Presidential  chair, 
and  was  also  an  alternate  at  the  ChicaTO  Convention  that  nominated  James 
A.  Garfield  for  President.  He  is  a  staunch  Republican,  and  has  been  ever 
since  the  Republican  party  was  formed  in  185G,  and  has  voted  for  every 
Republican  President  since  that  time. 

Jolin  Johnston.  Born  in  New  London  township,  Chester  county,  Penn- 
sylvania, July  9,  1805,  and  is  of  English,  Scotch  and  Irish  extraction.  Here 
he  received  his  early  schoolinij  and  learned  the  trade  of  stone-mason,  beinof 
afterwards  employed  in  several  Scates.  In  the  Fall  of  ISiO  he  went  to 
Arkansas  and  there  en  lure  I  all  the  hardships  accessory  to  a  frontier  life. 
In  the  Fall  of  1818  he  first  heard  of  the  discovery  of  g  )Id  in  California,  and 
in  the  following Sprin:^  crossed  the  plains  to  the  Pacific  slope  by  way  of  La 
Paz,  Sonora,  Yuma,  the  Ci^)lorado  desert,  arriving  in  California  at  Warner's 
ranch,  thence  to  Los  4.ngeles,  arriving  in  October.  He  then  went  to  lumber- 
ing and  after  to  the  mines  fro;n  San  Francisco  until  Christmas,  18.50,  when 
he  came  to  Santa  Clara  county,  and  took  up  his  residence  on  the  firm  he 
now  occupies  where  he  owns  fifty  acres.  Mr.  Johnston  says  he  is  a  "  bliss- 
ful bachelor  !" 

Aaron  Jones  {Deceased).  Was  born  in  Indiana,  February  23,  1830, 
where  he  was  educated,  and  enfjag'ed  in  farminir  and  ofardeninof  until  Decern- 
ber,  1861,  when  he  started  for  California  vi(t  the  Isthmus,  arriving  in  San 
Francisco,  January  26,  1862.  Two  days  afterwards  found  him  in  San  Jose 
where  he  engaged  in  gartiening  for  two  years  ;  thence  he  went  for  two  years 
more  to  Evergreen  ;  then  to  San  Felipe  valley  where  he  resided  until  his 
death,  April  4,  1877,  his  demise  was  the  result  of  being  accidentally  thrown 
from  the  grade  when  on  his  way  home  from  San  Jose.  He  married,  Decem- 
ber 23,  1851,  M.  A.  Daniels,  a  native  of  London,  England,  by  whom  there 
are:  William  D.,  bora  November  25,  1852;  Aaron,  bjrn  April  10,  1856; 
Abraham  Lincoln,  born  January  23,  1865. 

Delos  G.  Kent.  Of  the  firm  of  O'Banion,  Kent  &  Co.,  of  San  Jose,  was 
born  in  Delaware  county,  New  York,  in  ISH,  and  was  there  educated.  In 
1858  he  came  to  Maroa,  Macon  county,  Illinois,  anl  there  embarked  in  the 
boot  and  shoe  trade,  under  the  style  of  Kent  &  Thayer.  In  the  year  1872 
he  came  to  San  Jos^,  Santa  Clara  county,  and  with  Mr.  O'Banion  established 
the  clothing  house  of  O'Banion,  K-nt  &  Co.,  Nos.  266-8-70,  Santa  Clara 
street.  Married,  1866,  Theresa  A.  Milmine,  a  native  of  Canada,  her  parents 
beinfr  citizens  of  the  United  States. 


o 


A  Lagarde.     Was  born  in  France,  October  18,  182S,  where   he  received 
his  education.     After  taking  part  in  the  French  Revolution  of  18-48,  engaged 


BIOGRAPHIES— SAN   JOSI^:    TOWNSHIP.  717 

himself  in  the  Garde  Mobile.  Sometime  after  he  started  for  Poland,  with  a 
company  of  volunteers,  to  aid  in  the  liberation  of  the  Poles,  but  was  stopped 
at  Magdebourg  by  the  Prussian  military  authorities.  Fi'om  there  was  .sent 
to  Acherslieben,  as  prisoner  of  war,  but  was  released  at  the  eml  of  a  month. 
He  immediately  returned  to  France.  Soon  after  he  was  off  to  Italy  and 
en<Tfa^ed  himself  in  the  First  Milanese  Regiment,  remaining  there  until  after 
the  battle  of  Novarro  and  the  consequent  defeat  of  Carlo  Alberto,  when  he 
went  back  to  France.  On  July  23,  18.50,  he  took  passage  in  the  sailing 
vessel  Louisiana,  and,  after  a  break  in  the  voyage  of  a  month  passed  in 
Valparaiso,  reached  San  Francisco,  February  17,  18-51.  Two  weeks  after 
his  arrival  he  proceeded  to  Bidwell's  Bar,  on  Feather  river,  there  engaged  in 
mining,  and  on  the  tributaries  of  that  stream,  and  in  the  following  year 
moved  to  American  river.  From  here  he  went  to  Greenwood  valley  and  mined 
during  the  Winter  of  1852-3,  and  in  April  returned  to  San  Francisco,  took 
passage  to  France,  and  there  passed  a  3'ear.  After  tr-aveling  through  Ital}', 
portions  of  Africa  and  other  countries,  he  returned  to  the  United  States> 
landing  in  New  York  City  March  20,  1854.  He  then  came  to  Calitbrnia 
by  way  of  Chicago,  St.  Louis,  Kansas  City,  Santa  F^,  El  Paso  del  Norte, 
Fort  Yuma,  Los  Angeles,  Kern  river  mines,  to  Stockton,  where  he  arrived 
March  1,  1855.  After  visiting  San  Francisco,  we  find  Mr.  Lagarde  once 
more  at  the  mines;  in  1857  he  came  back  to  the  Bay  City,  lived  there  for 
six  months,  then  moved  to  San  Josd,  where  he  arrived  in  February,  1858. 
He  was  here  employed  by  the  firm  of  Lemoine,  Gambert  &  Co.,  of  the  City 
Store,  and  after  a  service  extending  over  three  years,  was  admitted  into 
partnership,  a  combination  which  continued  until  187G,  when,  in  March  of 
that  year,  he  established  his  present  grocery  store,  at  the  corner  of  Santa 
Clara  and  San  Pedro  streets.  Married,  in  San  Jose,  on  the  9th  of  Septem- 
ber, 18G0,  Miss  Louise  Leyour,  a  native  of  France,  by  whom  he  has  a 
family  of  six  children,  viz. :  Jeanne,  born  July  8,  ISGl ;  Alphonse,  born 
November  10,  1802;  Louis,  born  March  8,  180i;  D^^lphin,  born  January  17, 
1807;  Louisa,  born  March  11,  1870;  Hortense,  born  March  8,  1872. 

James  Leddy.  Born  in  Albany,  New  York,  July  14,  1830.  At  an 
early  age  he  accompanied  his  parents  to  New  York  Cit}^  there  residing  and 
receiving  his  education.  la  1854,  he  started  for  California,  via  the  Nica- 
ragua route,  arriving  in  San  Francisco  July  14th  of  that  year.  After  a  visit 
to  the  Kern  river  mines,  he  returned  to  that  city,  and  there  remained  until 
he  came  to  Santa  Clara  county  in  July,  1855.  In  1857  he  commenced  the 
butcher  business,  on  the  site  of  Murphy's  Block,  in  partnership  with  his 
brother,  Daniel  A.  Leddy,  where  they  continued  till  1859,  at  which  time 
they  transferred  their  affairs  to  the  corner  of  Santa  Clara  street  and  Light- 
stoa  alley,  but,   being  Inirned   out,  returned   to  their  old  ^tand,  where  they 


718  HISTORY    OF   SANTA    CLARA    COUNTY,    CALIFORNIA. 

conducted  their  business  until  1872,  when  they  moved  to  their  present  place 
in  the  City  Market  Building  on  Md,rket  street. 

George  Lendrum.  Born  in  Ireland,  June  81,  1830.  In  1846,  he  came 
to  tlie  United  States,  and  first  settled  in  New  York  City,  where  he  was 
employed  as  clerk,  to  Frey,  McDonald  &  Co.,  on  Broad  street.  In  1851,  he 
came  to  California,  by  wa\'  of  the  Isthmus  of  Panama,  and  settling  in  San 
Francisco,  was  engaged  by  White  &  Wentworth,  at  the  corner  of  Pine  and 
Battel  y  streets,  with  whom  he  remained  until  his  return  to  New  York,  in 
1856.  In  1858,  he  visited  Europe  for  the  banefit  of  his  health,  and,  return- 
ing to  New  York  in  the  following  year,  he  came  back  to  the  Pacific  coast  in 
1861.  He  now  was  p'aced  in  charge  of  the  lumber  yard,  of  Galloway  & 
Boober,  and  with  them  stayed  until  1868,  the  time  of  his  coming  to  Santa 
Clara  county.  He  went  into  the  grocery  trade  under  the  firm  name  of 
Spencer,  DeBeck  &  Co ,  doing  business  in  the  Knox  Block,  the  style  of  the 
partnership  being  afterwards  changed  to  Spencer  &  Lendrum,  and,  subse- 
quently, to  Lendrum,  Burns  «fe  Co.,  who  are  now  at  No.  291  Fiist  street, 
San  Jose.  In  April,  1875,  Mr.  Lendrum  was  elected  to  the  School  Board  of 
the  city  of  San  Jos^,  and  has  since  heW  that  position,  being  re-elected  last, 
July  1,  1881.  He  married,  March  17,  1856,  J.  Ella  Falkner.  a  native  of 
Ireland,  and  has:  George  A.,  born  February  1,  1857;  Jennia,  born  October 
20,  1858;  Andrew  Reuben,  born  December  9,  1861;  Annie  C,  born  March 
2,  1864. 

Joseph  A.  Lotz.  Born  in  New  Orleans,  Louisiana,  December  25,  1841. 
At  an  early  age,  he  accompanied  his  parents  to  Covington,  Kentucky; 
thereafter  to  Warren  county,  Ohio,  but  residing  there  only  a  short  time, 
■finally  located  in  Nashville,  Tennessee,  where  he  was  educated.  In  the  year 
1853-54,  his  parents  moved  to  Franklin,  Tennessee.  The  subject  of  our 
sketch,  le't  the  home  of  his  parents  in  18C3,  and  after  vi,siting  Louisville, 
Kentucky,  Cincinnati,  Ohio,  and  Indianapolis,  Indiana,  he  there,  and  subse- 
quently in  Anderson,  Madison  county,  Indiana,  acquired  the  trade  of  carriage 
painter.  Leaving  the  East,  Mr.  Lotz  arrived  in  California,  in  the  montii  of 
February,  1871,  and  settled  in  San  Jose,  he  having  been  preceded  by  his 
parents,  who  arrived  in  1870.  Here  Mr.  Lotz  worked  at  his  trade,  and  at 
the  same  time  executed  the  finishing  work  on  pianos  for  his  father,  who  is  a 
maker  of  that  instrument,  until,  in  March,  1876,  he  was  appointed  by  the 
Mayor  and  Common  Council  of  the  city  of  San  Jo.se',  to  fill  an  unexpired 
term,  as  City  Treasurer.  In  the  month  of  April  following,  he  was  elected  to 
the  permanent  otfice,  and  has  since  held  the  position — a  remarkable  fact  which 
speaks  volun:ies  for  the  uprightness  of  Mr.  Lotz.  Besides  being  a  prominent 
member  of  the  F.  and  A.  M.,  and  Odd  Fellows,  Mr.  Lotz  was  Secretarv  of 
the  Volunteer  Fire  Department  from  1872  to  1876.     Is  unmarried. 


BIOGRAPHIES — SAN    JOS^   TOWNSHIP.  719 

Silas  P.  Lynham.  Born  in  Richmond,  Yirrrinia,  May  23,  1851,  and 
there  resided  until  couiinrj  to  California  in  1S7-'}.  He  first  settled  in  San 
Jos^,  and,  alter  workinif  for  difturent  parties  at  the  hutclier's  trade,  opened  a 
shop  on  his  own  account,  at  Bcrreyessa,  in  LSJO.  After  one  year  he  came  to 
East  San  Jos(^,  and  commenced  the  same  business  on  Santa  Clarastreet,  where 
he  remained  till  moving  to  his  present  stand,  on  Avenue  Block,  Santa  Olaia 
street,  near  Fourth.  Mairied,  September  24,  1874-,  Mattie  A.  Lundy,  and 
has:  Eunna  Lillie,  and  Arthur  Lester. 

Calvin  Martin  (Deceased).  Was  born  in  Milan,  Duchess  county, 
New  York,  October  24,  1818.  When  .seventeen  years  of  age  he  accompan- 
ied his  parents  to  Clinton,  Lenawee  county,  Michigan,  where  he  remained 
on  a  fai'm,  which,  occupying  only  one  Summer,  they  left,  and  proceeded  to 
Elkhart,  Indiana.  The  subject  of  this  sketch  commenced  business  on  his 
own  account,  first,  by  purchasing  grain  and  shipping  it  to  Chicago.  He 
next  engaged  in  the  lumber  trade  at  the  mills,  near  the  mouth  of  the  St. 
Joseph  river.  In  1848  he  went  to  Chicago,  tlience  to  Niles,  Michigan, 
and,  in  company  with  William  Compton,  started  for  California.  Compton, 
however,  did  not  proceed  farther  than  the  St.  Joseph  river,  Missouri.  Here 
Martin  was  joined  by  David  Hoppe,  and  with  him  crossed  the  plains  via  the 
the  Humboldt  and  Fort  Hall  route,  they  arriving  in  Sacramento  July  2G, 
1840.  Mr.  Martin  at  once  proceeded  to  Smith's  Bar,  on  the  American  river, 
where  he  remained  until  the  Fall  of  the  year,  when  he  came  to  Santa  Clara 
county,  and  settling  at  Mission  San  Jose',  purchased  some  cattle,  which  he 
drove  to  the  mines.  After  disposing  of  these,  he  returned  to  Sacramento, 
pui'chased  some  horses  and  brought  them  to  San  Jos^,  arriving  in  the  Win- 
ter of  1850.  In  company  with  William  Aikenhead  he  opened  a,  livery 
stable,  on  what  is  now  San  Fernando  street,  near  the  California  Theater. 
In  the  year  1853  he  built  his  present  livery  stable  at  314  to  318  Santa 
Clara  street,  and,  save  a  few  years,  has  since  been  proprietor  of  the  estab- 
lishment. He  is  the  owner  of  four  hundred  and  seventy  acres  of  land,  and 
is  the  proprietor  of  Martin's  and  St.  Francis  Blocks,  two  of  the  finest  in  the 
city  of  San  Josd.  Mr.  Martin  was  in  his  sixty-.second  year  when  he  died, 
and  had  been  a  continuous  resident  of  the  county  for  thirty-tw3  years. 
Married,  November  23,  1853,  Frances  Leyba,  a  native  of  Sonora,  by  whom 
he  had  thirteen  children. 

John  C.  Morrill.  The  subject  of  this  sketch  was  born  in  Chichester, 
Merrimac  county.  New  Hampshire,  September  4,  1820,  and  was  there  edu- 
cated, and  reared  a  farmer.  In  the  j^ear  1852  he  came  to  California  via 
Cape  Horn,  arriving  in  San  Francisco  per  ship  North  American,  Captain 
Austin,  September    1,  1852.     He    immediately  proceeded  to    the    mines  at 


720  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

Coloina,  El  Dorado  county,  but  after  six  months,  changed  the  scene  of  his 
operations  to  Mokeluiiine  river,  reaching  there  March  1,  1853.  Renting  a 
ranch  on  Dry  creek,  Amador  county,  he  occupied  it  until  the  1st  November 
of  that  yeai',  when  he  retui-ned  to  New  Hampshire,  by  way  of  the  Nica- 
ragua route,  and  there  resiiled  until  1855.  In  that  year  Mr.  Morrill  once 
more,  by  same  route,  turned  towards  the  beautiful  Pacific  slopes,  and,  after 
a  short  stay  in  Sacramento,  returned  to  San  Francisco,  and  then  came  to 
Santa  Clara  county.  On  October  1,  1856,  he  entered  into  possession  of  his 
farm  that  he  now  occupies,  consisting  of  one  hundred  and  sixty  acres,  where 
he  has  erected  a  handsome  dwelling.  Married,  firstly.  May  4,  1843,  to 
Emeline  H.  Swain,  a  native  of  New  Hampshire,  anil  secondly,  February 
13,  1875,  to  Mrs  S.  S.  Perry,  a  native  of  New  Hampshire  also. 

J.  C.  Morris.  Was  horn  in  Marthasville,  Warren  county,  Missouri, 
March  21,  1830.  When  quite  yourg  his  parents  moved  to  Danville,  Mont- 
gomery county,  where  he  resided  until  he  reached  the  age  of  fourteen  ^-ears, 
when  he  moved  into  the  country,  and  commenced  farming.  Mr.  Morri>;  was 
sent  to  school  at  Danville,  and  I'eceived  a  liberal  education,  which,  combined 
with  energy,  of  which  ho  is  possessed  to  an  eminent  degree,  has  materially 
assisted  in  his  advancement  in  life,  a  progress  which  has  been  surely  and 
steadily  maintained.  In  the  Spring  of  1850  he  ente)-ed  into  an  arrange- 
ment with  Jonathan  Miles,  whereby  he  was  to  receive  a  horse  to  carry  him 
to  California,  Miles  to  receive  two  hundred  and  fil'ty  dollars  for  its  services. 
They  made  the  weary  journey  together,  and  on  their  ariival,  August 
2d,  the  subject  of  this  narrative  proceeded  to  Cox's  Bar,  near  Downieville, 
where  he  engaged  in  mining  until  about  the  20th  September  the  river 
raised  and  drove  him  out.  Thinking  the  rainy  season  had  commenced,  he, 
with  four  others,  packed  up  and  went  to  Nevada  City.  Mr.  Morris  next 
went  to  Forbeston,  there  passed  the  Winter,  and,  in  March,  1851,  returned 
to  Nevada  City,  an<l  took  up  a  residence  there  until  1859,  engaging  in  min- 
ing until  1855,  and  the  remainder  of  the  time  in  the  employ  of  the  Rock 
Creek,  Deer  Creek,  and  South  Yuba  Canal  Company.  Mr.  Morris  now  went 
once  more  to  the  mines,  where  he  stayed  until  1867,  in  the  month  of  November 
of  which  year  he  left  the  mines  and  went  to  San  Francisco.  In  the  Spring 
of  1868  he  located  in  Redwood  City,  San  Mateo  county,  being  variously 
employed  in  agriculture  and  farming.  October  13,  1868,  he  came  to  San 
Jose,  and  was  in  the  service  of  Wells,  Fargo  &  Co.,  till  March  1,  1869.  In 
April  he  commenced  driving  street-cars  for  S.  A.  Bishop,  which  he  followed 
until  July  8,  1871,  when  he  was  placed  in  the  office  of  the  company  as 
Assistant  Treasurer,  a  position  he  still  holds  with  credit  alike  to  the  public 
and  his  employers.  Married,  September  19,  1874,  V.  M.  Bradshaw,  a  native 
of  Fremont,  Sandusky  county,  Ohio,  by  whom  he  has  one  child:  Harrie 
Chester,  born  December  11,  1878. 


BIOGRAPHIES — SAN    J0S6    TOWNSHIP.  721 

Francis  Butter  Murdoch.  Jimii  in  ( 'mnlicilaiHl,  AlU'gliany  county, 
Marvlaiul,  March  'II,  ISO.").  When  about  nineteen  years  of  age  he  was  sent 
to  Bedforil;  Pennsylvania,  wliere  he  attended  an  academy  for  some  time,  and 
studied  hiw  in  the  oftice  of  Judge  'J'honison,  Ixiug  afterwanls  aihnitted  to  the 
Bar  of  the  Circuit  and  Supreme  Coui-t  of  tliat  State.  He  subsequently 
moved  to  Berrien  count}',  Michigan,  and  in  connection  with  another  proprie- 
tor, laid  out  its  county  seat — Beriien  Springs.  The  ill-health  of  his  wife 
oblio-ed  him  to  seek  a  more  congenial  climate.  After  her  death,  of  consump- 
tion, he  became  a  resident  of  the  State  of  Illinois,  and  practiced  in  the  courts 
of  Madison  county,  and  also  of  St.  Louis,  Missouri,  and  in  this  last  State 
was  also  admitted  into  the  United  States  District  Court.  In  May,  1852,  he 
crossed  the  plains  to  California,  and  settled  in  the  month  of  September,  1852, 
in  San  Jose',  and  was  admitted  to  the  Bar  of  the  District  Court  in  San  Fran- 
cisco, and  also  of  Santa  Clara  county.  A  few  weeks  after  arriving  at  San 
Jos^  Mr.  Murdoch  was  induced  by  his  Whig  political  associates,  to  take 
charge  of  a  newspaper,  and  estabhshed  and  conducted  the  San  Jose  Weekly 
Telegraph  in  1853.  On  the  passage  of  Mr.  Douglas'  bill  to  repeal  Mr. 
Clay's  compromise  bill  of  1820,  restricting  slaver}',  he  clearly  foresaw  the 
result  would  be  the  breaking  up  of  old  parties  and  the  establishment  of  new 
parties,  with  the  distinctive  issue  of  free  territory,  and  his  paper  openly 
assumed  and  maintained  the  principles  subsequently  ado])ted  by  the  Republi- 
can party.  Early  in  1850,  and  Ijefore  the  meeting  of  the  Republican  iS^ational 
Convention,  the  Telegraph  placed  at  the  head  of  its  coluiuns  the  names  of 
General  J.  C.  Fremont  for  President,  and  Francis  P.  Blair,  Sr.  for  Vice-Pres- 
ident. Mr.  Murdoch  continued  to  conduct  that  paper  until  the  Fall  of  1860, 
when  he  sold  out,  and  retii'ed  from  newspaper  labors  until  1863,  when  he 
established  the  San  Jose  WceJdy  Patriot,  which  was  changed  to  a  daily  issue 
in  a  vear  or  two,  and  was  so  continued  until  1875,  when  he  sold  the  Patriot 
to  S.  J.  Hinds.  In  connection  with  others,  two  years  ago  he  aided  in 
establishing  the  San  Jose  Daily  Times,  but  retired  from  it  about  six  months 
afterwards. 

Alexander  Philip  Murgotten.  Whose  portrait  appears  in  this 
work,  was  born  at  La  Gro,  Indiana,  February  10,  1846  (the  mem- 
oi-able  year  in  California  history).  Here  he  lived  with  his  parents,  until 
May  2,  1852,  when  in  company  with  his  mother  and  sister,  Mary  Helen, 
he  started  for  California,  via  the  Isthmus,  to  join  his  father  whither  he 
had  gone  in  1849.  The  means  of  locomotion  in  those  days  were  some- 
what in  contrast  with  the  present.  From  his  home  he  took  the  slow  mov- 
ing canal  boat  to  Toledo,  thence  to  Albany  by  steamer,  and  from  Albany 
by  a  rickety  old  railroad,  to  New  York,  where  they  took  the  steamer 
Independence  for  Aspinwall.  At  the  latter  place,  he  was  placed  in  a  basket, 
40 


722  HISTORY    OF   SANTA    CLARA    COUKTY,    CALIFORNIA. 

and  a  native  swung  it  on  liis  shoulders  and  started  off  on  a  do-^  trot  for 
Panan  a.  Here  Lis  mother  tcok  her  first  lesson  in  muleback  ri<linf»-.  At 
Panama  they  took  passage  on  the  steamer  Columbia  for  San  Francisco. 
The  only  incidents  that  can  be  remcmbeied  by  him,  as  he  was  then  but  six 
yeare  of  age,  were  the  apjiearance  of  a  large  whale  alongside  the  vessel,  and 
the  drowning  of  a  sailor.  He  was  standing  by  the  ratlins  of  the  main  mast 
watching  a  sailor  as  he  was  ascending  the  mast,  when  the  sailor  had  about 
reached  the  maintop  mast,  he  fell  over  backwards  into  the  foamy  sea.  The 
sea  was  running  very  high,  and  he  was  soon  carried  far  from  the  vessel. 
Young  Murgotten  saw  the  poor  saihjr's  hand  raised  above  his  head  as  he 
rode  the  high  waves,  a  great  distance  off,  and  attempted  to  point  him  out  to 
the  captain,  but  in  an  instant  he  was  out  of  sight  again  forever.  The  scene 
was  so  indelibly  impressed  upon  his  mind,  that  tiuie  can  never  efface  it. 
And  though  nearly  thirty  years  ago,  he  can  see  the  sailor's  hand  raised 
above  the  briny  wave  as  plainly  as  though  it  were  yesterday. 

When  the  writer  reached  Placerville,  which  he  did  June  2.5,  18.52,  he  was 
soon  inlused  with  the  spirit  of  the  times,  that  of  money  making,  and  Avas  at 
that  early  age,  seven  years,  engaged  in  selling  Eastern  papers,  for  Alex. 
Hunter,  now  dead.  Then  the  JS'ew  York  Tribune  and  Herald  and  Missouri 
Republican  were  the  favorite  papers  and  brought  from  twenty-five  to  fifty 
cents  each,  while  the  pictorials  sold  for  fifty  cents  and  one  dollar  each.  From 
a  newsboy  he  went  into  the  peanut  business,  and  collected  many  quarters 
and  halves  selling  peanuts  and  candy,  fruit,  etc.,  in  the  old  Empire  Saloon, 
and  among  the  miners  at  their  camps,  being  supplied  by  old  "Greek  John," 
a  familiar  character  in  those  days.  After  attending  school  for  a  number 
of  years,  our  suljject  thought  he  would  like  to  own  a  team,  and  be  a 
wood  merchant.  The  team  was  purchased  and  a  stock  of  wood  procured. 
The  rains,  of  the  memoiable  Winter  of  18G1-02  came,  and  the  floods  carried 
away  about  one  hundred  cords  of  his  wood,  which  dampened  his  ardor  in 
that  line,  so  he  thought  he  would  try  the  forge.  A  month  or  tvA^o  at  the 
anvil  convinced  him  that  his  delicate  constitution  would  not  allow  of  such 
muscular  employment,  so  he  found  his  W^ay  into  a  printing  ofHce,  the  old 
Mountain  Democrat.  Here  he  learned  his  trade,  and  in  18G6  came  to  San 
Jose'  as  an  attache  of  the  Argus  office,  the  foremanship  of  which  he  held,  and 
where  he  labored  until  he  conceived  the  idea  of  starting  Tlte  Pioneer,  which 
he  did  in  1877,  an  account  of  which  will  be  found  elsewhere.  Of  Mr.  Murgot- 
ten's  antecedents,  he  is  able  to  trace  his  lineage  on  his  father's  side,  going  back 
as  far  as  his  grandfather,  who  he  finds  was  a  soldier  under  the  First  Napo- 
leon, and  banished  to  Ameiica,  was  wrecked  off  the  Southern  coast,  and  found 
his  way  into  Baltimore,  Maryland,  where  he  married  and  raised  a  family  of 
six  sons  and  three  daughters,  four  of  whom  are  living,  three  in  Maryland, 
and  one  in  California.     He  died,  in  1831,  of  cholera,  the  firt^t  appearance  of 


BIOGRAPHIKS — SAN    J0S6   TOWNSHIP.  723 

that  disease  in  Baltitnore.  On  his  mother's  side  the  family  name  was  Sliaffer 
who,  eouiing  from  Germany  prior  to  the  Revolution, settled  in  Pennsylvania. 
His  great-gi-andfather,  on  his  mother's  side,  was  killed  by  the  Indian  allies  of 
the  British,  durinj^  the  Revolutionary  War.  His  grandfather  was  a  native 
born,  and  had  four  daughters  and  one  son,  four  of  whom  are  still  alive.  The 
father  and  mother,  of  Mr.  Murgotten,  still  reside  in  Placerville,  upon  the 
same  homestead  they  located  upon  twenty-nine  years  ago,  with  their  chil- 
dren, grandchildren,  and  great-grandchildren,  growing  up  arouml  them,  to 
cheer  the  venerable  old  pioneers  in  their  declining  years.  Mr.  Murgotten  has 
been  the  Secretary  of  the  Santa  Clara  County  Pioneers  since  its  organization; 
was,  for  five  years.  Grand  Secretary  of  the  Order  of  Champions  of  the  Red 
Cross  of  California;  and  one  year.  Secretary  of  the  Smta  Clara  Valley  Agri- 
cultural Society.  He  is  at  present  Supreme  Representative  from  the  Grand 
Lodge  of  California  Knights  of  Honor;  and  Incorporate  Director  of  the 
Grand  Lodge,  of  the  Ancient  Order  of  United  Workmen  of  California. 

Hon.  B.  D.  Murphy.  Mayor  Murphy,  of  San  Josd,  was  born  in  Que- 
bec, Canada,  March  1,  1841,  and  accompained  his  grandfather,  father,  and 
the  rest  of  the  Murphy  family,  to  Missouri,  and  afterwards,  in  1844,  to  Cal- 
ifornia. After  settling  in  San  Jose,  he  was  elected  its  Mayor,  April  14,  1873, 
by  the  Democrats.  In  1868  he  wa.'i  returned  to  the  Assembly,  when  he 
polled  two  thousand  two  hundred  and  twentj^-nine  votes;  and,  in  1877,  he 
was  sent  to  the  State  Senate,  with  a  total  vote  of  three  thousand  two  hun- 
dred and  sixty-two.  While  holding  the  latter  ofiiee,  he  was  instrumental  in 
securing  the  location  of  the  State  Normal  School  in  San  Jose'.  Besides  this 
boon  to  the  Gan.len  City,  he  was  one  of  the  original  founders  of  the  San  Jose 
Woolen  Mills,  and  was  a  stock-holder  in  the  concern  until  1881.  He  is  also 
interested  in  the  Angora  Robe  and  Glove  Factory ;  and  is  President  of  the 
Commercial  and  Savings  Bank  as  well.  On  the  death  of  the  eminent  phil- 
anthioi)ist,  James  Lick,  Mr.  Murphy  was  named  by  him  one  of  the  Trus- 
tees to  his  will,  and  so  remained  on  the  Trust  until  a  new  deed  was  executed. 
He  was  one  of  the  chief  movers  in  forwaiding  the  road  to  the  summit  of 
Mount  Hamilton.  In  1862  Mr.  Murphy  studied  law  in  the  office  of  Will- 
iams &  Thornton,  and  Campbell,  Fox  &  Campbell,  being  "called"  in  1865; 
he  lias,  however,  not  practiced  on  account  of  his  official  duties.  Married,  in 
1869,  Annie  McGeoghegan,  and  has  living:  Mary,  Eveline,  Martin,  Elizabeth, 
and  Gertrude.     There  are  two  deceased,  Bernard  and  Thomas. 

James  Murphy.  Was  born  in  County  Wexford,  Ireland,  September 
19,  1809.  In  the  year  1819  he  emigrated  to  Canada,  and  when  twenty-four 
years  of  age  removed  to  Maine,  but  returning  to  Canada  for  nine  years  he 
then  moved  to  Holt  county  (now  Atchison),  Missouri,  where  locating,  he  went 


724  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

to  Saint  Josepli  to  take  out  lumber.  In  April,  1844,  he  set  out  for  Califor- 
nia with  ox-teams,  and  in  December  arrived  at  Sutter's  Fort.  Leavino-  his 
family  here  he  joined  Captain  Sutter,  and  with  him  proceeded  to  Los  Angeles 
under  Governor  Micheltorena  and  retui-ned  in  the  followino-  March.  Mr. 
Murphy  now  moved  his  family  to  San  Rafael,  Marin  county,  where  he 
resided  and  engaged  in  the  lumbering  business,  furnishing  the  timber  for  the 
first  wharf  built  in  San  Francisco,  Leidesdorf's.  Wlien  the  discovery  of  gold 
broke  out  he  went  to  the  mines,  coming  to  Santa  Clara  county  at  the  end  of 
a  year.  Our  subject  now  settled  near  San  Jose',  and  in  company  with  his 
brother  Daniel  inirchased  the  ranch  San  Francisco  de  Las  Lla-^'-as,  near  Gil- 
roy,  but  after  a  short  time  removed  to  San  Jose'  and  purchased  five  of  the 
historical  tive-hundred-acre  tracts  about  three  miles  from  town,  where  he 
erected  his  present  splendid  residence  in  1870.  Married,  April  12,  1839, 
Ann  Martin,  a  native  of  Ireland,  and  has:  Mary  F.,  born  in  Canada,  Febru- 
ary 4,  1842;  Martin  D.,  born  in  California,  at  Sutter's  Fort,  February  6, 
1845  ;  William  B.,  born  in  California,  at  Ring  WooJ  Farm,  August  21,  18.50; 
Lizzie  A.,  born  in  California,  at  Ring  Wood  Farm,  July  8,  1853  ;  Julia  A., 
born  in  California,  at  Ring  Wood  Farm,  June  6,  1857;  Daniel  J.,  born  in 
California,  at  Ring  Wood  Farm,  April  25,  18G1. 

Martin  Murphy,  Senior.  Martin  Murphy,  Sr.,  was  born  in  the 
count}'  of  Wexford,  Ireland,  on  the  twelfth  day  of  November,  1785.  Mr. 
Murphy  was  married  early  in  his  native  country  and  resided  there  until  1820, 
when  he  emigrated  with  his  wife  and  six  children,  then  born  to  him,  to  Lower 
Canada,  and  settled  in  the  township  of  Frampton,  near  Quebec.  He  soon 
gathered  around  him  a  considerable  Irish  settlement  in  the  midst  of  a  Cana- 
dian-French population,  where  he  continued  to  live  until  1840,  when  incited 
by  a  love  of  Democratic  institutions,  he  emigrated  with  his  family  to  Holt 
county,  Missouri,  since  divided  into  Holt  and  Atchison  counties,  where  many 
of  his  old  neighbors  in  Canada  followed  him  and  formed  a  prosperous  settle- 
ment known  as  the  Irish  Grove.  The  country,  however,  was  subject  to  the 
diseases  common  on  the  Mississippi  and  its  tributaries,  and  the  colony  suffered 
a  good  deal  from  sickness,  and  here  it  was  that  Mr.  Murphy  had  the  misfortune 
to  lose  his  noble  wife,  the  mother  of  his  numerous  family.  This  event  deter- 
mined him  to  make  another  change,  and  disposing  of  his  effects  and  convert- 
ing them  into  cattle  and  wagons,  he  and  his  family  formed  the  larger  part  of 
a  train  organized  to  cross  the  Continent  and  seek  a  new  home  on  the  shoi^es  of 
the  Pacific.  It  was  on  the  Gth  of  May,  1844,  that  the  train  led  by  the  old 
patriarch  left  the  Missouri  river  and  started  on  its  long  and  uncertain  journey. 
It  consisted  of  twenty-six  wagons  drawn  by  oxen,  and  the  following  persons 
were  of  the  party:  Martin  Murphy,  Sr. ;  Martin  Murphy,  Jr.,  wife  and  four 
children;  James  Murphy,  wife  and  child;  Bernard  Murphy,  Daniel  Murphy> 


BIOGRAPHIES — SAN   JOSt   TOWNSHIP.  725 

John  J\I.  Murphy;  Helm  Murphy,  now  Mi.s.  Weljer  of  Stockton;  James  Miller 
and  his  wife,  daughter  of  Martin  Murpiiy,  Sr. ;  Captain  Stevens,  now  of  Tulare 
county,  who  had  general  coniniandof  the  party;  John  Sullivan,  of  San  Francisco; 
Michael  Sullivan,  of  San  Jose;  Di*.  J.  B.  Townsend  and  wife,  who  died  in 
San  Jose;  M.  Schallenberger,  William,  Patrick,  and  Denis  Martin,  Allen  N. 
Montgomery  and  wife,  and  some  forty  other^^,  all  more  or  less  well  known  on 
the  roll  of  California's  Pioneers.  The  journey  across  the  plains  was  a  pleas- 
ant one  and  without  accident,  or  molestation  from  the  Indians,  and  the  com- 
pany arrived  in  safety  in  the  month  of  Novembei-  of  that  year  at  Sutter's 
Fort,  on  the  Sacramento.  The  pai'ty  cro.ssed  the  mountains  by  the  Donner 
Lake  route,  making  their  own  road  as  they  progressed,  for  at  the  sink  of  the 
Humboldt,  all  indications  of  a  trail  ceased.  They  brought  the  whole  of  their 
wagons  across  the  mountains  and  made  the  first  wagon  tracks  in  California. 
At  Sutter's  Fort  they  learned  that  the  country  was  in  a  state  of  war,  that 
the  native  Californians  under  Alvarado  had  I'i.sen  Jigainst  Micheltorena,  the 
Mexican  Governor,  and  were  endeavoring  to  drive  him  out  of  the  country. 
The  emigrants  immediately  enlisted  in  the  Mexican  service,  and  leaving  the 
wouu-n  at  the  fort,  marched  to  Los  Angeles,  Avhere  they  arrived  late  in  Jan- 
uary or  early  in  February,  1845.  After  the  battle  of  Chauvengo,  Mr.  Mur- 
phy and  his  sons  returned  northward  and  settled  in  Santa  Clara  county,  at 
the  Rancho  Ojo  de  Agua  de  la  Coche,  which  he  purchased  and  where  he 
resided  for  a  number  of  years.  Always  noted  for  his  kindness  and  hos[)i- 
tality,  Mr.  Murphy's  house,  which  was  situated  on  the  great  road  leading 
north  and  south,  was  one  of  the  most  noted  at  that  early  day  in  Calift)rnia. 
An  abundance  of  the  goods  of  this  world  aw^arded  the  old  njan's  labors,  and 
his  children  too  have  been  liberally  blessed  in  this  way.  In  1854  he  erected 
on  the  San  Martin  Ranch  a  neat  and  commodious  chapel  and  donateil  a  tract 
of  land  for  a  graveyanl.  San  Martin's  Chapel  was  destroyed  by  an  incen- 
diary, April  2,  1877.  Mr.  Murphy  was  in  many  respects  a  remarkable 
man.  He  was  always  gentlemanly,  always  kind  and  considerate,  with  a 
countenance  singularly  mixed  witli  an  expre.s.sion  of  gravity,  gentleness  and 
cheerfulness.  We  do  not  think  he  ever  had  an  enemy,  we  never  heard  of 
one,  we  never  heard  any  one  speak  of  him  except  in  terms  of  tlie  highest 
respect.  Truthfulness,  conscientiousness  and  natural  goodness,  in  its  broad 
sense  charity,  were  prominent  marks  in  his  character.  We  never  heard  him 
say  an  unkind  word  of  a  single  being,  living  or  dead,  we  have  often  heard 
him  utter  a  word  of  excuse  or  apology,  something  to  extenuate  when  others 
were  condemning.  Certainly  that  was  a  most  beautiful  Chrlstain  trait  in 
his  character  and  it  is  not  to  be  wondered  at  that  such  a  man  should  Ii\e 
beloved  and  respected  and  die  regretted.  Mr.  Murphy  died  at  the  residence 
of  his  son-in-law,  Thos.  Kell,  near  San  Jose,  on  Thursday,  March  16,  1865, 
and  on  Saturday,  March  the  18th,  his  remains  were  followed  to  their  last 


726  HISTORY    OF   SANTA    CLARA    COUNTY,    CALIFORNIA. 

resting  place,  in  the  Catholic  cemetery  at  Santa  Clara,  by  an  immense  con- 
course of  mourners.  In  token  of  respect  for  the  deceased,  and  in  oixler  that 
all  who  desired  might  attend  the  funeral,  the  County  Court  adjourned  imme- 
diately at  the  opening  on  Saturday. 

John  McCarty,  Born  in  County  Cork,  Ireland,  June  24,  1S28,  and 
immigrated  to  the  United  States  in  1849,  first  settling  in  Lj^nn,  Massachu- 
setts, where  he  resided  five  years.  He  then  came  to  Califurnia  by  way  of 
the  Nicaragua  route,  in  1853,  and  soon  found  employment  in  a  saw-mill  at 
Bolinas,  Marin  county;  thence  he  proceeded  to  San  Francisco  ;  afterwards 
to  Benicia  and  Suisun,  Solano  county;  then  to  Sacramento,  Marysville,  Wy- 
andotte, Springtown,  and  Mountain  Spring,  and  back  to  Sacramento,  where 
he  purchased  a  team  after  a  year's  work,  and  commenced  peddling  fruit  to 
Grass  Valley  and  Nevada  City.  Selling  out  at  the  end  of  twelve  months, 
he  found  employment  in  the  hoisting  woiks  of  the  Allison  Ranch  mine,  but 
leaving  this  occupation  in  September,  1859,  he  returned  to  the  Eastern  States; 
however,  the  following  year  saw  him  back  in  Grass  Valley.  From  there  he 
went  to  Napa;  fi-om  there  to  San  Jos^,  Santa  Clara  county,  and  M'as 
variously  emploj-ed  until  1863,  when  he  purchased  a  ranch  in  Evergreen,  on 
which  he  resides.  It  comprises  seven  hundred  and  eighteen  acres  of  ground, 
divided  into  stock  range  and  arable  land.  Married,  in  1SG3,  Mary  Gaveney, 
and  has  no  issue. 

Judge  Lewis  D.  McKisick.  The  subject  of  our  sketch,  though  not  a 
pioneer  of  California,  is  descended  from  a  pioneer  family  of  his  native  State. 
His  grandfather,  Daniel  McKisick,  having  served  with  distinction  throughout 
the  Revolutionary  war  as  a  Captain  in  the  North  Carolina  line,  and  after 
the  war,  having  served  in  the  Senate  and  Assembly  of  that  State  as  the  rep- 
resentative of  the  then  great  county  of  Lincoln,  dovvn  to  1799;  in  the  year 
1800  removed  with  his  family  and  settled  in  what  is  now  Bedford  county, 
Tennessee,  then  the  heart  of  the  Indian  country.  Doctor  Wilson  H. 
McKisick,  the  father  of  the  Judge,  settled  in  Henderson  county,  Tennessee, 
in  1828,  Avhere  the  subject  of  our  sketch  was  born,  March  7,  1829.  His 
mother  having  died  in  1836,  with  a  younger  brother,  he  was  sent  to  reside 
with  his  maternal  grandparents,  in  the  State  of  Alabama,  where  they 
remained  until  1841,  when  they  returned  to  Henderson  county,  Tennessee, 
and  entered  the  academy  at  Lexington,  the  county  town.  After  remaining 
there  less  than  a  year,  the  Judge  went  to  the  country  and  worked  on  a 
farm  for  .some  years,  going  to  school  when  he  could,  and  availing  himself  of 
every  opportunity  to  improve  his  education,  which  he  finally  completed 
at  the  Lexington  Academy  in  1850.  In  1851  he  was  elected  by  the 
Trustees  Principal  of    that  school,   which    he  conducted  for  one    year,  in 


BIOGRAPHIES — SAN   J0S6  TOWNSHIP.  727 

the  meantime  clevotiniij  all  his  spare  time  to  the  stuly  of  the  law.  In 
1852  he  entere  1  the  otii3e  of  Honorable  Rjtura  J.  Mjigs,  a  distinguished 
lawyer  of  Nashville,  Tennessee,  with  whon  he  remaine  1  a  year.  la  1835 
he  attended  a  term  of  t!ie  Law  School  of  GamberlanJ  University  at  Leb- 
anon, Tennessee.  At  the  en  1  of  the  term  passe  1  a  successful  examina- 
tion before  Judges  R.  L.  Ciruthirs  of  the  Statj  Supreme  Court  B.  L. 
RidIe3^  one  of  the  Chancellors,  and  Nathaniel  Baxter,  one  of  the  Cir- 
cuit Judufes,  and  was  by  them  licensed  to  prastice  in  all  tlie  courts  of  the 
State.  He  first  openeil  an  offiie  at  Lexington  in  his  native  county,  was 
then  alinitted  to  the  Bar  of  the  Circuit  an, I  Chancery  Courts  in  the  Fad  of 
1853,  and  to  t^Iie  Bir  of  the  Supreme  Court  of  the  State  at  Jackson  in  the 
Spring  of  1854.  He  remained  at  Lexington,  doing  fairly  well,  for  about 
two  years,  and  then  removed  to  P<jint  Henry  county,  Tennessee.  From 
there  he  was  induced  to  remove  to  Memphis  about  the  first  of  Novetnbar, 
1858,  where  he  continued  to  reside,  engaged  in  professional  pursuits,  until 
the  11th  of  July,  1879.  In  1875  the  Legislature  of  Tennessee  created  a 
Court  of  Arbitration,  or  Commission  of  Appeals,  to  consist  of  three  juilf^es 
to  aid  the  Supreme  Court  in  disposing  of  the  large  mass  of  civil  business 
which  had  accumulated  on  its  docket.  The  first  knovvledore  which  Juil^re 
McKisick  had  that  his  name  had  been  mentioned  to  the  Governor,  Honorable 
James  D.  Porter,  in  connection  with  this  tribunal,  was  the  information  that 
he  had  been  appointed  one  of  the  members  of  the  Court.  The  existence  of 
the  Court  was  limited  to  a  sliort  perio  1.  The  Commissioners  discharo-ed 
their  duties  with  so  much  satisfaction  to  the  Bar  and  to  the  people,  that  in 
1877  the  Legislature  re-created  the  Court,  to  continue  for  two  years.  Judge 
McKisick  was  again  appointed,  and  was  by  his  associates  elected  Chief  Jus- 
tice, which  position  he  tilled  during  the  existence  of  the  Court.  The  business 
of  the  Supreme  Court  being  still  behind,  the  Legislature  again,  in  1879, 
passed  an  Act  re-creating  the  Court.  An  appointment  was  again  tendered 
to  the  Judge  by  Governor  Marks,  which  was,  however,  declined.  The  Gov- 
ernor, however,  .shortly  afterwards  sent  to  him,  which  he  accepted,  a  com- 
mission as  Special  Judge  of  the  Supreme  Court,  to  hear  causes  in  which  one 
of  the  regular  Judges  of  the  Court  was  incompetent.  This  was  in  June,  1879. 
In  July  of  that  year  the  yellow  fever  became  epidemic  in  Memphis  for  the 
fourth  time  during  the  period  of  the  Judge's  residence  in  that  city.  Sati.s- 
fied  that  Memphis  is  within  the  yellow  fever  z  )ne,  and  that  it  will  be  subject 
to  visitations  of  that  dreadful  scourge  for  all  time,  he  felt  it  to  be  a  duty 
which  he  owed  to  his  wife  and  children  to  remove  with  them  to  a  locality 
free  from  an  epidemic  disease,  about  which  all  that  is  known,  is  that  it 
comes  and  kills — the  first  and  only  safe  prescription  which  the  pliysician 
gives,  after  he  learns  of  its  presence  is  :  "Go,  and  stand  not  on  the  order  of 
your  going."     Having  been  thus  admonished,  on  the  morning  of  the  10th 


728  HISTORY    OF   SANTA    CLARA    COUNTY,    CALIFORNIA. 

of  July,  within  less  than  twenty- four  hours  the  Judge  was  on  his  way 
with  his  family,  to  the  mountains  of  East  Tennessee.  Having  settled 
his  wife  and  children  in  comfortable  quarters  for  the  Summer,  he  set 
about  seeking  a  new  home,  and  having-  long  desired  to  visit  California, 
he  determined  first  to  prospect  that  State.  He  came,  and  was  so  much 
pleased  with  San  Jos^  and  the  beautiful  valley  surrounding  the  Gar- 
den City,  that  he  made  up  his  mind  to  return  for  his  family  and  settle 
here,  without  returning  to  Memphis,  and  on  the  28rd  October,  1879,  while 
the  fever  was  still  desolating  their  late  home,  they  became  citizens  of 
their  new  one.  The  Judge  soon  after  his  arrival  formed  a  partnership 
with  Judge  B.  P.  Rankin,  which  still  continues.  He  was  admitted  by 
the  Supreme  Court,  in  1879,  to  practice  in  all  the  Courts  of  the  State. 
He  has  been  a  member  of  the  Bar  of  the  Supreme  Court  of  the  United 
States  for  several  years.  He  was  first  married  June  25,  1855,  to  Cornelia, 
a  native  of  the  same  county  in  which  he  was  born,  and  daughter  of  the  late 
Honoi-able  C.  H.  Williams.  She  died  July,  1862.  By  this  union  there  is  one 
surviving  son,  Christopher  W.,  born  October  17,  1858.  February  1,  1866,  he 
was  married  to  his  present  wife,  Lizzie,  a  daughter  of  Honorable  Robertson 
Topp,  late  of  Memphis.  She  was  then  the  widow  of  Colonel  William  B. 
Ross,  who  was  killed  at  the  battle  of  Muifreesboro  or  Stone  View,  to  whom 
a  posthumous  daughter,  Mi.ss  Willie  B.  Ross,  a  member  of  the  Judge's  family, 
was  born  February  22,  1863.  By  this  union  there  are  now  living,  four  sons 
and  one  daughter.  Lewis,  born  November  17,  1866;  Robertson  Topp,  born 
January  18,  1871;  Harmon,  born  April  7,  1872;  Madeline,  born  September 
15,  1875  ;  and  Donald,  born  in  San  Francisco,  October  29,  1880. 

Albert  B.  McNeiL  Born  in  Sandusky,  Ohio,  August  11,  1850.  His 
mother  died  at  St.  Louis,  when  he  was  but  nine  years  of  age,  and  together 
with  three  brothers,  he  I'esided  for  some  time  with  relatives,  at  Unionville, 
Lake  countv,  Ohio.  His  father  havinof  married  airain,  Mattoon,  Illinois,  was 
then  his  home  lor  several  years,  and  until  he  began  learning  the  printer's 
trade,  in  1866,  wlien  he  went  to  Chicago  and  finished  his  apprenticeship. 
Working  at  his  trade,  and  corresponding  with  difil-rent  newspapers  (at  one 
time  being  connected  with  the  Chicago  Times),  Mr.  McNeil  traveled  through 
most  of  the  Eastern  and  Southern  States,  arriving  on  this  coast,  from  New 
Orleans,  in  June,  18'<6.  He  at  once  connected  himself  with  the  San  Jose 
Mercury,  in  the  capacity  of  associate  editor,  which  position  he  held  for  nearly 
two  3'ears,  when,  with  a  younger  brother,  he  established  himself  in  the  print- 
ing business,  at  No.  872  First  street.  The  San  Jose  Bepiihlic,  started  by  A_ 
B.  and  H.  H.  McNeil,  was  a  six-column,  eight-page  weekly,  and,  although  a 
fine  publication,  was  of  short  life.  Confining  their  attention  thereafter  ta 
job  printing,  the  firm  of  McNeil  Brothers,  gradually  established  a  specialty 


BIOGRAPHIES — SAN  J0S6   TOWNSHIP.  720 

in  Druggists'  Labels,  which  is  now  their  principal  business,  their  trade  extend- 
ing all  over  the  Pacific  coast,  some  ten  to  fifteen  hands  being  in  their  employ. 
In  October,  1879,  their  establishment  was  moved  to  larger  quarters,  in  Knox 
Block,  where  it  still  remains.  January  1,  1881,  ilr.  McNeil  buu^ht  out  his 
brother,  and  although  the  tinu  name  remains  McNeil  Brothers,  the  subject 
of  our  sketch  now  conducts  the  business  alone. 

J.  M.  Ojan.  Was  born  in  Boone  county,  Missouri,  April  G,  1835,  and  is 
the  olde-<t  son  of  Alexander  and  Sarah  Ogan.  When  quite  young,  his  parents 
moved  to  Linn  county,  Missouri,  where  the  sulijectof  our  sketch  receiveil  his 
primary  education,  and  was  raised  a  taruier.  Oa  May  12,  1852,  in  company 
with  his  parents  he  ci'ossed  the  Mis.souri  river  en  ivMe  for  California.  The 
journey  across  the  plains  was  a  veiy  pleasant  one,  save  a  little  sickness  from 
the  cholera,  wdien  two  out  of  the  compan}',  with  which  they  were  traveling, 
fell  victims  to  the  dread  disease.  After  arrivino-  at  Hangtown,  now  Placer- 
ville,  on  September  2()th,  the  company  divided,  and  the  subject  of  this  sketch 
procee<led  to  this  county.  They  lo3ated  on  a  portion  of  the  old  homestead. 
In  185G-57,  after  J.  M.  became  of  age,  he  located  a  lanch  in  the  hills,  east  of 
San  Josd,  where  he  made  his  h  )me  until  the  Fall  of  18(39,  when  he  moved 
his  family  to  the  valley.  In  1859  he  returned  to  his  native  State  and  county, 
being  absent  two  years.  He  then  re-crossed  the  plains,  and  is  now  living 
upon  the  farm  vacated  by  his  deceased  father,  ami  comprising  one  hundred 
and  sixty  acres.  He  marriel,  February  7,  1831,  Miss  N.  E.  Dryden,  a  native 
of  Missouri,  and  has:  Henry  Walter,  born  February  IG,  1862;  Archer  C, 
born  December  25,  186:3,  and  died  April  29,  1866;  William  E.,  born  Decem- 
ber 11,  1865;  Laura  J.,  1.  .rn  Septembar  22,  1867;  Charles  A.,  born  May  4, 
1870;  Albert  R.,  born  July  2,  1872;  and  Fre'lerick  J.,  born  April  8,  1875; 
His  father,  Alexamler  Ogan,  was  born  in  Malison  county,  Kentucky,  in 
1800,  and  departed  this  life,  on  May  5,  1874.     His  wife  is  still   living. 

Hon.  J.  J.  Ower,  Whose  portrait  appears  in  this  work,  was  born  in 
Onondaga  county,  New  York,  July  22,  1827.  He  was  the  second  son  of  a 
family  of  seven  sons  and  two  daughters.  His  father,  wdio  was  a  farmer, 
dying  when  he  was  twelve  years  old,  he  shortly  thereafter  left  the  paternal 
roof-tree,  and  struck  out  to  make  his  way  in  the  world.  He  served  an 
apprenticeship  at  the  printer's  trade  in  Auburn,  New  York,  graduating  as  a 
journeyman  p)dnter  at  the  age  of  eighteen,  in  the  meantime  devoting  his 
unemployed  time  to  a  thorough  course  of  study.  He  was  married  at  the  age 
of  twenty-one  to  his  present  companion,  by  whom  he  has  raised  six  children, 
two  sons  and  four  daughters.  He  continued  to  work  at  his  trade  until  the 
Spring  of  1850,  when,  catching  the  California  fever,  he  sailed  from  New 
York  to  Panama,  where  he  remained  for  two  months,  being   unable  to  \n-o- 


730  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

cure  passage  to  San  Francisco.  He  was  a  participant  in  what  is  known  as 
the  Panama  war,  which  occurred  that  Spring,  in  which  a  number  of  Ameri- 
cans lost  their  lives.  Returning  to  New  York,  he  followed  the  business  of 
farminof  and  school-teachinjif  until  the  Fall  of  1851,  when  he  came  to  Cali- 
fornia,  and  obtained  employment  as  messenger  on  the  Sacramento  river,  for 
Gi-egory's  Express.  He  continued  with  Gregory  until  the  failure  of  that 
house,  the  business  of  which  was  mostly  transferred  to  the  new  express  com- 
pany of  Wells,  Fargo  &  Co.  Mr.  Owen  continued  as  messenger  for  the  new 
company  until  the  Snmmer  of  1853,  when,  becoming  anxious  to  see  his 
family,  he  returned  to  his  home  in  Cayuga  county,  going  in  charge  of  the 
Company's  express  to  New  York,  and  delivering  safely  a  large  shipment  of 
Alaska  furs.  He  remained  at  home  for  about  eight  years,  pursuing  the 
business  of  farming,  and  a  part  of  the  time  of  school-teaching.  He  was 
elected  Superintendent  of  Schools  for  three  years,  and  subsequently,  in  1857, 
as  representative  in  the  New  York  Assembly.  He  was  appointed  in  that 
body  Chairman  of  committee  of  Military  Affairs,  Avhich  committee  had  the 
disposal  of  the  New  York  Arsenal  property  to  the  city  of  New  York  to  pre- 
pare the  way  for  the  great  Cential  Park.  He  was  also  a  member  of  the 
sub-committee  of  the  whole.  In  the  Spring  of  1851  he  returned  to  San  Jose, 
and  at  once  assumed  the  publication  of  the  San  Jose  Mercury,  in  which 
business  he  has  been  engaged  ever  since.  Two  3'ears  and  a  half  after  his 
arrival  he  brought  out  his  family  and  made  his  permanent  home  in  San  Jose_ 
In  1862  he  was  elected  to  the  California  A'^sembly,  and  again  in  1863.  He 
was  elected  Speaker  ^ro  ^erji  of  the  Legislature  of  '63-64.  Mr.  Owen  has 
been  through  life  an  active  Republican,  for  which  party  he  has  worked  with 
much  zeal  and  ability,  while  his  editorial  manigement  of  the  Blercurij  has 
been  such  as  to  gain  for  that  periodical  a  high  position  among  its  contempo- 
raries in  the  country. 

WUlilin  F.  O'Bmion.  The  senior  partner  of  the  firm  of  O'Banion^ 
Kent  &  Co.,  was  born  in  Morgan  county,  Illinois,  September  2,  1831,  and 
was  there  educated.  He  first  came  to  this  State  in  1853  and  en<raged  in 
mining  and  other  pursuits,  until  June,  1855,  when  he  returned  to  his  native 
State  and  followed  farming  until  1860.  He  then  moved  to  Maroa,  Macon 
county,  and  embarked  in  mercantile  pursuits;  in  1863  he  transferred  the 
scene  of  his  labors  to  Winchester,  Scott  county,  where  he  started  in  the 
clothing  trade.  He  arrived  in  California  for  the  second  time  in  October, 
1870,  and  coming  to  San  Jos^,  Santa  Clara  county,  in  the  following  month, 
commenced  his  present  business,  which  place  is  now  at  Nos.  266-8-70, 
Santa  Clara  street.  Married,  October  7,  1856,  Rosana  Gray,  a  native  of 
Mississippi,  who  came  to  Illinois  when  a  child,  and  has:  Marietta  and  Emma. 

Robert  Page.     Born   in   Liepsic,  Saxony,  November  7,  1831,  and  was 


BIOGRAPHIES — SAN   JOS£  TOWNSHIP.  731 

there  educated.  In  tlie  year  1840  he  emigrated  to  the  United  States,  and 
duiing  tlie  first  year  remained  in  New  York  City.  At  this  time  he  sailed 
for  CaUfornia,  whither  he  arrived  in  December,  1851.  He  almost  imme- 
diately proceeded  to  the  mines,  near  Sonera,  but  leaving  there  in  the  Spring 
of  1852,  he  proceeded  to  Sacramento,  where  he  opened  a  restaurant,  after 
the  "  great  fire."  The  business  he  conducted  until  "the  flood,"  when  he  left 
and  came  to  Berreyessa  valley,  Na))a  county.  Puichasing  a  drove  of  cattle, 
he  drove  them  to  Sacramento  by  way  of  the  Carquinez  Straits,  Benicia,  and 
Knight's  Landing,  and  on  arrival  sold  them.  He  now  again  entered  the 
restaurant  business,  but  at  the  end  of  a  year,  removed  to  San  Francisco  and 
opened  a  bakery.  We  next  find  Mr.  Page  conducting  a  store  in  Calaveras 
county,  which  abandoning  at  the  end  of  a  fatal  diy  season,  he  took  up  a 
quartz  claim  at  Musquito  Gulch.  Fiom  here  he  proceeded  to  Sacramento 
thence  to  Rattlesnake  Bar,  Placer  county,  where  he  kept  a  store  and  bakery, 
at  the  same  time  prosecuting  tunnel  minifg  near  Auburn;  after  three  years 
he  removed  to  Yolo  county,  engaging  in  sheep-raising  for  three  years;  thence 
to  Sacramento,  where  he  took  charge  of  the  books  of  the  Lady  Adams  Com- 
pany for  a  .short  time.  Afterwards  he  managed  the  principal  store  in 
Downieville  ;  thence  proceeded  to  Austin,  Reese  river,  but  returning  to 
Downieville,  he  embaiked  in  the  hotel  business,  which  was  burned  with  all 
his  property,  including  a  heavy  stock  of  supplies.  Mr.  Page  now  traveled  to 
Virginia  City,  Nevada,  where  he  had  charge  of  a  very  extensive  slaughteiing 
establishment;  we  next  find  him  in  bu.siness  on  his  own  account,  in  Empire 
City,  carrying  on  a  general  merchandise  store  and  butcher  shop,  where  he 
remained  three  years.  His  health  failing,  in  November,  18G9,  he  arrived  in 
San  Jos^.  Here  he  bought  out  the  grocery  store  of  H.  O.  Weller  &  Co., 
which  he  disposed  of  in  1872,  and  made  a  six-months'  voyage  to  Europe.  On 
his  return  he  was  elected  Secretary  of  the  Santa  Clara  Valley  Mill  and  Lum- 
ber Company,  holding  this  position  for  three  years;  after  which  he  joined  J. 
E.  Rucker  in  the  real  estate  business,  at  the  Commercial  Bank  Biiildinor,  San 
Jos^.  Married,  July  4,  1866,  Katie  Higgins,  and  has  six  children:  Nellie^ 
Milton,  Pauline,  Hertha,  Alice,  and  Robert. 

Elgin  W.  Paige.  B^rain  Cinada,  Ojtober  26,  1857,  some  twelve  miles 
from  Wateiloo,  near  Mafjofj,  where  he  resided  until  he  came  to  Calilbrnia. 
After  remaining  one  month  wnth  his  parents  in  Vallejo,  Solano  county,  he 
accompanied  them  to  Contra  Costa  county,  where  they  engaged  in  farming 
near  Point  of  Timber.  In  1878  his  father  located  a  stock  ranch  in  San 
Antonio  valley.  In  the  year  1872  the  subject  of  this  sketch  entered  the 
University  of  the  Pacific,  which  institution  he  attended  a  portion  of  tlie  time 
until  1878  when  he  returned  to  the  San  Antonio  valley,  where  he  has  a 
claim  of  one  hundred  and  sixty  acres  of  land.     Mr.  Paige  is  at  this  writing  a 


732  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

resident  of  San  Felipe  valley.     Married,  November  2, 1878,  Alice  R.  Fellows, 
a  native  of  Napa  county,  California,  and  has  :  Ernest  R.  E. 

Walter  A.  Parkhurst.  Born  in  Granville,  Addison  county,  Vermont, 
January  10,  1837,  in  the  public  schools  of  which  place  he  received  his  pri- 
mary education  and  afterwards  attended  the  academy  in  Rutland  from  1855 
to  1858.  In  the  Summer  of  the  last-named  year  he  moved  to  Clarendon,  in  the 
same  State  and  resided  there  until  September,  1859,  at  which  time  he  went 
to  the  city  of  New  York,  and  thence  per  Baltic  to  the  Isthmus  of  Panama, 
whence  he  proceeded  to  San  Francisco  in  the  John  L.  Stephens,  arriving' 
October  28,  1859.  After  a  stay  of  eighteen  days  in  that  city  he  moved  to  the 
Mission  San  Jose',  Alameda  county,  and  on  March  7,  18G0,  arrived  in  San 
Jose,  near  which  city  he  taught  school  from  May  of  that  year  until  April, 
1865.  From  the  following  June  until  September,  1806,  he  was  in  the 
employ  of  Wells,  Fargo  &  Co.,  in  San  Jose,  which  he  left  on  October  5,  1866, 
to  enter  the  service  of  the  Central  Pacific  Railroad  Company  as  engineer, 
making  his  home  severally  at  Sacramento,  Alta,  Truckee,  and  Wads- 
worth,  Nevada.  Mr.  Paikhurst  remained  with  the  Railroad  Company 
until  June,  1869,  when  he  moved  to  HoUister,  San  Benito  county,  and 
enoao-ed  in  ranchino-  until  March,  1871,  when  he  once  more  entered  the 
employ  of  the  "  Cential  Pacific,"  and  there  remained  until  June  5,  1873.  In 
October  of  that  year  he  returned  to  S  in  Jose,  purchased  his  interest  in  a 
real  estate  office  from  Mr.  Hig^-ins  and  in  company  with  the  partner  of  that 
gentleman,  Dr.  Clark,  conducted  the  busine.ss  until  .the  appointment  of  the 
doctor  as  Postmaster.  Mr.  Parkhur.st  then  bought  the  entire  concern 
and  is  now  conducting  its  affairs  at  room  No.  2,  Knox  Block,  San  Josd. 
Married,  November  19,  18G3,  Martha  E.  Gruwell,  a  native  of  Iowa,  and  has: 
Harley  E.,  Alfred  L.,  Lawrence  A.,  Lewis  A.,  Milus  W.,  Wilson  E.,  Herbert 
N.,  and  Minnie  A. 

Judge  D.  S.  Payne.  The  subject  of  this  sketch  was  born  in  Herki- 
mer count}'.  New  York,  June  11,  1831,  and  at  the  early  age  of  ten  years, 
was  thrown  upon  his  own  resources  to  gain  a  livelihood.  His  first  start  in 
life  was  by  working  on  a  farm  for  one  Summer  at  three  dollars  per  month. 
The  following  Winter  he  attended  school,  "doing  chores"  before  and  after 
hours  to  pay  his  board.  The  succeeding  Summer  he  received  live  dollars 
per  month,  and  the  next,  nine,  attending  school  during  the  intervening  Win- 
ters. This  method  of  gaining  a  livelihood,  and  laying  the  foundation  for  a 
thorough  and  practical  education,  young  Payne  pursued  for  a  number  of 
years.  He  then  entered  Fairtield  Seminar}^  where  he  .supported  himself  by 
teaching  during  the  Winter  months,  and  remained  there  until  he  had  pre- 
pared himself  to   enter  tlie  Senior  year  at  Union  College.     He  commenced 


BIOGRAPHIES — SAN    JOS£    TOWNSIIll'.  733 

the  study  of  law  in  Hcikinier,  niiilcr  Piobert  Kai'l,  now  one  of  the  Judges  of 
the  Court  of  Appeals,  and  was  eallcil  to  the  Bar  in  .January,  1>S.")7,  cornnienc- 
ino-,  au(,l  continuing  to  practice,  in  his  native  county,  until  1859;  in  that 
year  Judge  Payne  came  to  Califoi'nia,  and  remained  on  tliis  coast,  until 
18G1,  when  lie  returned  to  New  York,  and  thence  to  Washington,  District 
of  Colunibia,  where  he  passed  the  Winteis  of  18G1-2-3-4.  Mr.  Payne  was 
there  engaged  as  an  attorney  before  the  Departments.  September  8,  1804, 
he  married  Rosa,  dauo:hter  of  Colonel  Dow,  f)f  Otsego  county,  New  York, 
and  together  they  came  to  California,  and  settled  in  San  Jose,  Santa  Clara 
county,  arriving  here  on  the  loth  of  October  following.  Soon  after  their 
arrival  he  foi'ined  a  partnership  with  Judge  R.  F.  Peckham,  which  contin- 
ued until  M)'.  Payne  was  elected  County  Judge,  an  otKce  he  filled  with  dis- 
tinction for  eight  years.  On  his  retirement  from  the  l)ench  he  resumed  the 
practice  of  his  profession,  which  he  still  continues.  His  office  is  in  the  Knox 
Block.  Evidently  Judge  Payne's  motto  through  life  has  been,  "Aut  vincere 
aid  inori" — to  conquer  or  die.  When  we  contemplate  his  career,  we  may 
well  suggest  the  idea.  One  who  was  left  an  orphan  at  the  age  of  ten  years, 
who,  without  aid  from  any  one,  has  gained  an  lionest  living,  a  liberal  educa- 
tion, and  reached  fame;  who  has  passed  through  temptations  which  only  he 
who  has  had  a  like  experience  can  appreciate;  must  glance  over  his  past  life 
with  feelings  of  ])ride  wlien  lie  thinks  that  what  he  is,  and  what  he  ha.s,  are 
due  entirely  to  his  own  unaided  resources.  Judge  Payne  has  a  beautiful 
residence  at  the  north-west  corner,  of  Santa  Clara  and  Twelfth  streets.  He 
has  three  children:  Louise,  born  April,  18G6;  Theodora,  born  October,  1871; 
Rose,  born  December,  1875. 

John  H.  Pieper.  The  eminent  City  Engineer  of  San  Jos^  is  a  native  of  the 
Province  of  Hanover,  Germany,  and  was  born  May  3,  1824.  He  was  there 
educated,  and  after  serving  in  the  Engineer  Corps  of  Holstein,  obtained  his 
honorable  discharge  November  25,  1851,  and  came  to  the  United  States  the 
year  after.  After  visiting  the  States  of  Texas  and  Ohio,  he  settled  in  the  city 
of  New  York,  where  he  was  engaged  as  principal  assistant  engineer  in  the 
topographical  survey  of  a  portion  of  the  State  of  New  Jei'sey  ;  on  the  com- 
pletion of  which  he  was  employed  as  Chief  Assistant  Engineer  in  charoe  of 
the  construction  of  the  New  York  Central  Park.  Here  Mr.  Pieper  was  on 
duty  seven  years.  He  then  accepted  the  position  of  assistant  manao-er  of 
the  Mariposa  estate,  and  with  his  immediate  chief  Fred.  Law  Olmsted,  came 
to  California  in  18G3.  At  the  expiration  of  two  years  at  this  avocation,  Mr. 
Pieper  went  to  the  mines  and  there  remained  until  he  came  to  Santa  Clara 
county  in  18G7.  Becoming  a  resident  of  San  Jose  his  capabilities  were  soon 
found  out,  and  on  May  loth  of  that  year  he  was  elected  City  Eno-ineer  and 
Surveyor  to  the  Corporation,  since  when  he  has  held  that  important  office 


734  HISTORY    OF   SANTA    CLARA   COUNTY,    CALIFORNIA. 

and  satisfactorily  performed  its  functions.     To  his  scientific  knowledge  are 
due  many  of  the  improvements  of  which  the  city  of  San  Jos^  now  boasts 
while  such  engineei'ing  successes  as  the  river  improvements  and  the  sewer 
system  will  be  a  lasting  monument  and  tribute  to  his  ability.     Married,  in 
June,  18G8,  to  Adele  Hotiman,  by  whom  he  has  five  children. 

Theodore  V.  Purdy.  The  subject  of  this  memoir  was  born  in  Hillsdale 
Hillsdale  county,  Michigan,  February  6,  1842,  where  he  received  his  early 
education,  completingit  at  tbe  Hillsdale  College.  At  the  early  age  of  fifteen 
years  he  entered  the  office  of  the  County  Clerk  of  Hillsdale  and  thei*e  remained 
five  years.  In  the  Spring  of  18G2,  he  enlisted  in  the  First  Michigan  Sharp- 
shooters, but  owing  to  delay  in  organizing  the  regiment,  Mr.  Purdy  did 
not  reach  the  front  until  1864,  when  with  his  corps  he  at  once  w^'nt  into 
active  service,  taking  part  in  all  the  battles  of  the  "  Wilderness"  to  Peters- 
bui'g,  the  most  notable  among  them  b.-ing  that  at  Wilderness,  Cold  Harbor, 
North  Anna,  Pomonkey  river,  and  Petersburg — iov  foity-five  consecutive 
days  were  they  under  fire.  At  Spottsylvania  Mr.  Purdy  M'as  selected  for 
promotion  and  at  Petersburg  received  the  choice  of  a  First  Lieutenant's  Com- 
mission or  an  appointment  in  the  War  Department  at  W^ashington.  The 
latter  he  accepted  and  served  under  Adjutant  General  Breck,  until  the  close 
of  the  war.  Our  subject,  after  his  fatigues,  paid  a  visit  to  his  parents  at  Cold- 
water,  and  then  took  up  a  permanent  residence  at  Pentwater,  Oceana  county, 
Michigan,  where  he  dwelt  i'rom  the  Spring  of  185G  to  1873,  being  there  chiefly 
er gaged  in  mercantile  pursuits  and  farming.  In  the  Spiing  of  the  last-men- 
tioned year  he  came  to  California,  settled  for  al)out  five  years  in  Ukiah,  Men- 
docino county,  but  in  November,  1878,  moved  to  San  Jose,  where  he  has  since 
been  connected  with  the  firm  of  A.  Sage  &  Co.,  giocers.  Married,  September 
5,  1876,  Sadie  S.,  only  daughter  of  E.  H.  Pratt,  M.  D.,  of  Milwaukee,  Wis- 
consin., by  whom    there  is  one    child,  Mabel  Josephine,  born  July  25,    1875. 

Byron  Purinton.  Born  in  Franklin  county,  Veimont,  March  19,  1837. 
When  sixteen  years  of  age  he  went  to  Holyoke,  Massachusetts,  and  appren- 
ticed himself  to  the  machinist  trade,  where,  serving  two  years,  proceeded  to 
Boston,  and  for  a  few  months  was  employed  in  Bird's  Foundry  and  Machine 
Shop,  East  Boston.  He  now  removed  to  Cleveland,  Ohio,  and  there  worked 
at  his  trade  for  Lord  McClelland.  Going  from  here  to  Illinois,  Mr.  Purinton 
was  for  several  years  employed  in  the  shops  of  the  Illinois  Central  Rail- 
road, at  Amboy,  and  the  Chicago,  Burlington  and  Quincy  Railroad,  at 
Galcsburg.  We  next  find  him  in  W^isconsin,  in  the  employ  of  the  Mineral 
Point  Railroad  Company  as  machinist  and  engineer;  thence  he  proceeded 
to  Litchfield,  Illinois,  and  was  employed  in  the  shop  of  the  Terre  Haute, 
Alton,  and   St.   Louis  Railway   Couipany.     He  was  next  employed  by  the 


BIOGRAPHIES — SAN   J0S6  TOWNSHIP.  735 

Tennessee  and  Alabama  Railroad  Company,  at  Nashville,  Tennessee,  and 
returned  to  Minoral  Point  in  the  Fall  of  1859,  wliere  he  en^^aged  in  the 
machine  and  foundiy  business,  in  partnership  with  John  Lanyon.  In  the 
Spring  of  1862  he  moved  to  I<Iaho,  and  after  mining  ami  prospecting  till 
the  Fad  of  the  year  lie  came  down  the  Columbia  river  and  then  to  San 
Fiancisco,  arriving  there  November,  18G2,  where  he  worked  a  lew  months 
in  the  Miners'  Foundry.  Mr.  Purinton  next  obtained  an  engagement  in  the 
shops  of  the  Market-street  Railway  Company;  appointed  Mister  Mechanic 
at  the  end  of  nine  months,  and  holding  that  position  till  the  Fall  of  18G7- 
Next  employed  as  Foreman  in  the  shops  of  the  Alameila  Railroad 
Company  at  Alameda  Point,  and  afterwards  \)y  the  Central  Pacific  at  Sac- 
ramento ;  returning  to  San  Francisco,  was  next  employed  as  engineer 
and  n^.achinist  on  the  Southein  Pacific  Railroad.  In  the  Fall  of  18G8  he 
purchased  land  in  Merced  county,  and  there  engaged  in  wheat  raising  until 
the  Fall  of  1872,  when,  returning  to  San  Francisco,  he  was  again  employed 
as  engineer  on  the  Southern  Pacific;  returning  to  Merced  county,  after  six 
months,  continued  farming  till  August,  1878,  when  he  removed  to  East  San 
Jose;  from  there  to  Santa  Clara  avenue,  his  present  residence.  Married 
in  Mineral  Point,  Wisconsin,  November  24, 1860,  Esther  Lanyon,  a  native  of 
London,  England,  and  has  five  children:  Emily  M.,  George  B.,  Edith  L.^ 
Lillian  E.,  and  Beulah  M. 

William  duinn.  Eorn  in  County  Tyrone,  L-cland,  January  12, 1828.  In 
the  year  1841  he  came  to  the  United  States  and  settled  at  Pittsburg,  Pennsyl- 
vania, where  he  was  engaged  in  draying  until  1853.  In  that  3'ear  he  came 
to  California,  and,  after  a  short  stay  in  San  Fiancisco,  settled  in  San  Mateo 
county,  July  1st,  and  embarked  in  the  lively  business.  Afterwards  Mr. 
Quinn  engaged  in  stock-iaising  and  dairying,  and  in  1858  removed  to  Santa 
Clara  county,  and  .settled  on  the  five-hundred-acre  ti'act  now  occupied  by 
him.  Married,  in  San  Francisco,  May  11,  1856,  Agnes  B.  Lennon,  and 
has  born  to  him  seven  children  :  William  Thomas,  born  February  21, 1857, 
and  died  May  6,  1869;  Marguerite  Adelaide,  born  December  14,  1859  ;  Nellie 
Josephine,  born  September  17,  1861;  Daniel  O.,  born  February  28,  1866; 
Clarion  G.,  born  January  10,  1868;  Lizzie  Agnes,  born  February  lo,  1870  ; 
Winifred  Frances,  born  July  19,  1872. 

Benjamin  P/  Rankin.  Attorn ej^-at-law,  was  born  in  Indiana,  June  20, 
1824.  He  was  educated  at  the  Indiana  Asbury  University,  in  Greencastle, 
Indiana.  Married  Miss  Martha  Wilkins  of  that  State,  in  1847.  Mr.  Ran- 
kin came  to  California  originally  in  1849,  across  the  plains,  but  was  com- 
pelled, on  account'of  ill-health,  to  return  to  his  home  in  the  Spring  of  1850. 
He  returned  to  this  State  aL^ain  in  1861,  since  wdiicli  time  he  has  resided  con- 


73G  HISTORY    OF    SANTA   CLAEA    COUNTY,    CALIFORNIA. 

f 

tinuously  on  this  coast.  He  settled  in  San  Josd  with  his  family,  consisting 
of  his  wife  and  two  sons,  in  the  Fall  of  1867.  His  residence  is  in  East  San 
Jose^,  on  a  ranch  of  thirty  acres  of  well-improved  land.  Mr.  Rankin  spends 
a  large  portion  of  his  time  in  the  Santa  Cruz  mountains,  on  the  fruit  farm 
of  his  eldest  son,  which  they  are  improving  and  ornamenting  in  such  a  man- 
ner as  in  a  few  years  will  make  it  a  verj^  attractive  and  productive  place. 
Besides  a  large  orchard  and  vineyard  on  their  mountain  ranch,  there  is  a 
carp  pond  filled  with  thousands  of  young  carp,  which  thrive  and  grow  very 
large,  and  are  apparently  as  much  at  home  as  in  their  own  native  waters  in 
Europe.  The  culture  of  this  variety  of  fish  promises  to  be  quite  profitable, 
as  well  as  affording  pleasure  and  amusement. 

William  A.  Richards.  Born  in  Hazel  Green,  Grant  county,  Wiscon- 
sin, March  9,  1(S49,  whei'e'he  was  educated,  and  gi'aduate<l  from  the  High 
School  of  Galena,  Illinois.  In  1869,  he  removed  to  Omaha,  Nebraska,  becom- 
ing at  once  engaged  upon  public  survcN's,  and  during  a  connection  of  five 
years  with  that  department,  executed  various  Government  contracts,  to  the 
entire  satisfaction  of  the  Surveyor  General,  as  the  letters  of  that  official  tes- 
tify. In  connection  with  his  brother,  Mr.  Richards  ran  the  south  and  west 
boundaries  of  Wyoming,  an  arduous  undertaking,  when  natural  obstacles 
and  extreme  precision  of  observation  are  taken  into  account,  but  all  of  which 
Mr.  Richards  testimonials  prove  were  done  to  the  entire  satisfaction  of  the 
authorities.  His  unoccupied  time  during  the  Winter  months,  our  subject 
devoted  to  the  different  publications  in  Omaha,  but  an  active  life  was  his 
desire,  he  therefore  sought  "  fresh  fields  and  pastures  new"  in  California, 
where  he  arrived  in  1874.  After  a  short  residence  in  Oakland,  Alameda 
county,  Mr.  Richards  located,  in  1877,  on  a  farm  in  San  Jose  township,  Santa 
Clara  county,  where  he  now  liv^es.  During  his  residence  in  this  State,  he 
has  been  a  Deputy  United  States  Surveyor,  and  although  notalw^ays  actively 
employed,  his  labors  ever  give  eminent  satisfaction  at  the  head  office  in  San 
Francisco.  He  was  elected  County  Surveyor,  November,  1879,  and  went  into 
office  March  18,  1880,  and  is  the  present  incumbent  of  the  office.  Married, 
in  Oakland,  December  28,  1874,  Alice  Hunt,  a  native  of  Missouri,  and  has 
one  child:  Eleanor  Alice,  born  December  2,  1876. 

John  Rock.  Bom  in  Hesse-Darmstadt,  Germany,  August  19,  1838.  In 
the  year  1852  he  came  to  the  United  States,  and  for  about  eighteen  months 
was  a  resident  of  New  York  City ;  thence  he  proceeded  to  Ohio,  working  in 
nurseries  at  the  several  cities  of  Columbus,  Cincinnati,  and  Dayton ;  from 
there  he  went  to  Canada,  where  he  traveled  for  six  months  ;  then  visited  the 
Southern  and  Eastern  States,  and  finally  removed  to  Rochester,  New  York, 
where  he  worked  at  his  calling  for  three  years.     We  next  find  Mr.  Rock 


■;*■ 


I  THE  NEW  YOR 

PUBLIC  Li; 


A,TOK.   ur^Nrx  AND 


BIOGRAPHIES — SAN    J0S6    TOWNSHIP.  737 

pursuing  his  avocation  in  Philadelphia  for  a  year,  and  after  moving  about 
through  different  States,  he  once  inoie  catne  to  New  York,  and  at  the  end  of 
a  year  he  transferred  the  scene  of  his  lahors  to  Long  Island,  wlicie  ho  dwelt 
until  the  breaking  out  of  the  war.  Apiil  11,  lS(il,  he  joined  the  Fifth  Reg- 
iment, New  York  Volunteers,  and  accompanied  it  to  the  field,  serving  as 
sergeant  of  his  company ;  at  the  end  of  the  two  ^ear.s  time  of  enlistment  he 
received  his  discharge,  took  passage  to  California  by  way  cf  Panama,  and 
arrived  in  San  Francisco  June  19,  18C3.  After  a  stay  of  two  weeks  in  that 
city  he  proceeded  to  Santa  Clara  county,  resided  near  Alviso,  and  in  1SG5, 
in  the  vicinity  of  Lick's  Mill,  started  a  nursery,  which  he  conducted  five 
years.  At  the  expiration  of  that  term  he  moved  to  a  point  on  the  MHpitas 
road,  near  the  city  of  San  Jos^,  where  he  acquired  forty-eight  acres  of  land 
and  resided  eight  years.  In  1879  he  located  on  his  present  place  on  the 
Coyote  creek,  near  Wayne's  Station,  on  the  Central  Pacific  Railroad,  where 
he  owns  one  hundred  and  thirty-six  acres  of  land.  Married,  at  San  Jose,  Jan- 
uary 3,  1875,  Anna  Barbara  Steiger,  a  native  of  New  York. 

Heman  A.  Saxe.  Born  in  Sheldon,  Franklin  county,  Vermont,  Febru- 
ary 27,  183G,  where  he  received  his  early  education  in  the  common  schools. 
At  the  age  of  eighteen  he  moved  to  Saxeville,  Waushara  county,  Wisconsin, 
and  with  the  exception  of  a  Summer  passed  in  Minnesota  there  resideil  fur  the 
next  five  years.  On  February  22, 1859,  in  company  with  tw^enty-five  others, 
our  subject  started  from  Green  Lake,  Marquette  county,  Wisconsin,  to  Pike's 
Peak.  Arriving  at  Boulder  City  about  the  first  of  the  following  May,  where 
they  remained  only  a  few  weeks,  five  of  the  party  including  H.  A.  and  Jacob 
W.  Saxe  determined  to  advance  into  California,  and  finally  arrived  at  Camp- 
tonville,  Yuba  county,  but  here  our  subject  remaining  only  a  short  time  pushed 
on  to  Santa  Clara  county  and  settled  in  the  town  of  that  name.  After  a 
course  of  scientific  study  in  the  College  there,  he  commenced  teaching  in 
Solano  county,  but  at  the  end  of  three  years  he  returned  to  Santa  Clara  and 
engaged  in  teaching  there  for  a  twelvemonth,  when  he  returned  to  Solano 
county  and  purchased  a  farm.  Abandoning  his  agricultural  pursuits  in  a 
year,  he  returned  to  the  cultivating  of  youthful  mimls.  Married  Miss  Flora 
J.  Daniel  on  September  6,  1865,  and  with  his  bride  returned  to  Santa  Clara, 
wher  J  he  made  his  home  for  five  years.  Mr.  Saxe  subsequently  resided  in 
San  Francisco,  in  San  Jose,  Tulare  count}^,  Los  Angeles,  and  finally  came  to 
East  San  Jo.se  where  he  at  present  resides.  He  is  now  Principal  of  the 
Empire-sti'eet  School,  a  position  he  has  held  with  satisfaction  to  trustees  and 
parents  alike  for  the  past  four  years.  His  family  consists  of  William  A. 
(Deceased),  John  D.,  Alfred  W.,  and  Emma  R. 

James  Singleton.     Born  in  Kentucky,  November  23,  1820.     He  was 
47 


rf> 


8  HISTORY    OF    SANTA    CLARA   COUNTY,    CALIFORNIA. 

taken  by  his  parents  to  Marion  county,  Missouri,  when  but  seven  years  of 
age,  and  two  years  after  to  Adams  county,  Illinois,  where  he  resided  until 
1843,  when  he  proceeded  to  Wisconsin,  and  worked  in  the  lead  mines  there. 
In  the  Spiing  of  1849  he  started  to  cross  the  plains  to  California,  with  ox- 
teams,  which,  however,  he  exchanged  for  horses  and  mules  at  Salt  Lake.  His 
first/- fctoppage  in  this  State,  was,  for  about  three  months,  at  Grass  Valley;  he 
then  went  to  the  mines,  at  Coloma,  El  Dorado  county,  where  he  wintered. 
In  the  Spring  of  1S50,  he  was  at  Rich  Bar,  on  the  north  fork  of  the  Feather 
river,  Plumas  county;  thence  he  returned  to  Grass  Valley,  and  aftei  waids  to 
Calaveras,  Placerville,  and  other  mining  localities,  until,  in  the  Fall  of  1853,. 
he  came  to  Santa  Clara  count}^  and  settled  on  the  farm  of  three  hundred 
acres  he  now  occupies.  Mr.  Singleton  has  been  a  Director  of  the  Farmers' 
Union  since  its  organization,  while  he  has  also  served  as  a  Deputy  County 
Assessor.  Married,  January,  1855,  Pauline  Cottle,  and  has:  Laura  C,  born 
November  21,  185G;  Thomas  M.,  born  March  22,  1859,  Charles  E.,  born 
April  25,  18C1  ;  Marshall  J.,  born  May  7,  18G3;  Henry  A.,  born  September 
2,  18G5;  Walter  E.,  born  Augu.^t  12,  1871. 

Francis  J.  Smith.  Porn  in  Hesse-Darmstadt,  Germany,  Januar}^  28, 
1843.  In  1861,  he  came  to  the  United  States,  and,  after  a  shoi  t  residence  in 
New  York,  he  went  to  Pennsylvania  and  conducted  a  grocery  store  until 
18G7,  in  which  year  he  came  to  California,  direct  to  Santa  Clara  county,  and 
opened  the  first  and  only  stere  in  Evergreen,  in  May,  18C8.  In  1872  he  went 
back  to  Pennsylvania  with  his  family,  with  the  intention  of  remaining  there, 
and  went  into  the  oil,  paint,  and  furniture  business,  with  his  father-in-law, 
but,  alter  a  year's  trial,  came  back  to  California,  and  to  Evergreen  again, 
where  he  has  been  doing  business  ever  since — satisfied  that  there  is  no  place 
like  the  Santa  Clara  vallev.  Mr.  Smith  owns  a  fine  house  and  three  acres  of 
land,  planted  with  oi  namental  trees.  Here  he  has  in  contemplation  the  estab- 
lishment of  a  place  of  general  resort  and  recreation.  He  is  the  Postmaster 
of  the  villa f>-e,  and  was  elected  a  School  Trustee  in  1879.  Married,  June  5, 
1865,  Catharine  Shiely,  and  has:  Lizzie,  boin  April  7,  1869;  Katie  R.,  born 
October  18,  1870;  Josiph.  V.,  born  July  8,  1872;  Francis  J.,  bom  September 
29,  1877;  Clara  A.,  born  November   19,  1879. 

Thcmas  E.  Snell.  The  subject  of  this  sketch,  whose  portrait  appears 
in  this  work,  was  loin  in  Essex  county,  Mas^acliusetts,  October  25,  1830. 
In  the  ytar  1851,  he  made  the  vovaoe,  via  Cape  Horn,  to  California,  in  the 
ship  EiqJtraies,  and.  after  a  short  stay  in  San  Francisco,  w^ent  to  Curtis' 
creek,  Tuolumne  county,  by  w  ay  of  Stockton.  Here  he  remained  until  July, 
of  that  year,  when  he  changed  his  camp  to  Jacksonville,  and  mined  there 
until  the  month  of  September;  thence  he  proceeded  to  Jamestown,  where  he 


BIOGRAPHIES — SAN    J0S6    TOWNSHIP.  739 

worked  until  March,  lcS.')2.  From  the  last  point  he  made  his  way  to  Wood'^ 
creek,  three  miles  Iroin  Poverty  hill,  and  stayed  there  until  June,  at  which 
time  he  went  to  French  Camp  and  commenced  freighting;  his  plan  being  to 
receive  orders  from  the  miners,  fulfil!  tlicni  at  Stockton,  and  return.  This 
occupation  he  followed  until  August,  when  he  commenced  ranching  at  French 
Camp,  and  engaged  in  "  hauling"  wood  to  Stockton.  On  the  setting  in  of 
the  rains,  he  once  more  went  to  the  mines  near  Poverty  hill ;  the  Spring  of 
1853  .saw  him  conducting  a  store  at  that  place,  combining  with  it  a  freight- 
in^T  business,  which  he  continued  until  the  Fall  of  1854,  when  he  came  to 
San  Jose,  Santa  Clara  county,  and  embarke<l  in  the  butcher's  trade  with 
Henry  Harvey.  At  the  end  of  six  months  lie  changed  that  occupation  for 
tlu!  milk  business,  and  conducted  such  until  185C,  when  he  acquired  the 
property  on  which  he  now  resides,  eight  miles  south-west  from  San  Josd, 
comprising  eight  hundred  acres,  three  hundred  of  which  he  cultivates,  and 
the  balance  lying  in  pasturage.  Mr.  Snell  owns  about  four  hundred  head  of 
cattle — chiefly  cows — and  is  one  of  the  largest  producers  of  butter  in  the 
county.  He  also  has  a  seven-hundred-acre  stock  ranch  in  Burnett  township. 
Mr.  Snell  is  one  of  the  founders,  and  is  at  present  a  Director  of  the  Farmers' 
Union  ;  while  he  is  also  Clerk  of  the  Board  of  Trustees  of  the  School  District 
of  Oak  Grove,  who  have  one  of  tlie  finest  places  of  instruction  in  the  county. 
He  married,  April  9,  1857,  Catharine  Hart,  a  native  of  Salem,  Massacliusetts, 
and  has:  Ruhamah  A.,  born  February  17,  1858;  Harriet  J.,boi'n  September 
1,  18G0;  Helen  L.,  born  February  23,  1862;  Teresa  L.,  born  December  19, 
18G3;  Everett  T.,  born  September  C,  1805;  Lena  M.,  born  April  28,  18G8; 
Katie  E.,  born  December  12,  1871. 

James  Snow.  Born  in  Toland  county,  Connecticut,  May  23,  1836.  At 
the  a;j,e  of  fifteen  he  went  to  the  city  of  Hartford  as  clerk  in  a  hardware 
store  for  one  year;  from  there  to  Brooklyn,  New  York,  as  clerk  in  a  gro- 
cery store,  then  back  to  Hartford,  where  he  learned  the  trade  of  merchant 
tailor,  and  resided  until  the  Fall  of  1863,  when  he  proceeded  to  Minneapolis, 
Minnesota,  and  carried  on  that  business  for  seven  years.  He  then  came  to 
California,  and  direct  to  Santa  Clara  county.  Finally  concluding  to  make 
his  home  there,  he  purchased  his  present  property,  near  Berreyessa,  consisting 
of  about  sixty  acres.  He  also  owns  an  orchard  of  some  seven  acres  at  The 
Willows,  San  Jose,  where  he  is  a  lai-ge  producer  of  rhubai-b.  In  the  year 
1879,  Mr.  Snow  was  selected  as  a  Supervisor  for  the  county  of  Santa  Clara, 
ami  for  tlie  last  decade  he  has  been  a  Trustee  of  the  Berreye.ssa  school  dis- 
trict. Married,  in  Hartford,  Connecticut,  February  2,  1860,  Frances  H. 
Dewey,  a  native  of  Utica,  New  York,  and  has:  Eugene  D.,  born  June  26, 
1865;  Fred  E.,born  January  13,  1868;  J.Everett,  born  May  29,  1873;  Frank 
T.,  born  May  12,  1875. 


740  HISTORY    OF   SANTA    CLARA    COUNTY,    CALIFORNIA. 

John  J.  Sontheimer.  Born  in  Balzlieim,  Wurternberg,  Gern5aTiy,  April 
16,  1842,  where  he  received  his  early  schooling.  In  the  year  1852,  his 
parents  came  to  the  United  States,  and  settling  in  Do  Ige  county,  Wisconsin, 
commenced  farming,  the  subject  of  this  sketch  acquiring  the  science  of  agri- 
culture. Ml".  Sontheimer  now  had  a  three  years'  term  at  the  Wayland 
University,  after  which  he  taught  school,  and  engaged  in  mercantile  pur- 
suits, but  his  health  failing,  he  came  to  California,  and  located  in  San  Jo.'^e, 
Santa  Clara  county,  in  the  Fall  of  18G9.  After  having  been  book-keeper  to 
Auzerais  Brothers  for  some  time,  he  organized  a  private  school,  for  the  English 
and  German  languages,  which  he  discontinued  at  the  end  of  twenty  months,  at 
which  time  he  was  offered,  and  accepted,  the  Principalship  of  the  Hacienda 
school,  at  the  New  Almaden  mine,  wdiere  he  reuiained  three  years.  Mr. 
Sontheimer  was  elected  Cuunty  Clerk,  on  the  Republican  ticket,  in  1875, 
and  is  the  present  holler  of  "the  office.  Married,  February  28,  1878,  Annie 
Kiieg,  a  native  of  New  York. 

Judge  Francis  E.  Spencer.  The  learned  Judge  was  born  in  Ticon- 
deroga,  Essex  county,  New  York,  September  25,  1834.  When  but  an 
infant  he  was  taken  by  his  parents  to  Saratoga  county,  where  he  resided 
until  he  had  attained  the  age  of  twelve  years.  In  1840  he  emigrated  to 
Will  count}^,  Illinois,  and  there  received  his  education  first  at  the  common 
schools  of  the  district,  and  afterwards  at  the  academy  at  Joliet,  the  county 
seat.  In  1852,  Mr.  Spencer  crossed  the  plains  to  California,  arriving  in  Sep- 
tember, and  settled  in  San  Jose,  Santa  Clara  county.  During  the  fiist 
years  of  his  residence  he  was  engaged  in  sheep-iaising,  farming,  etc.,  after 
which  he  essayed  the  study  of  medicine,  but  abandoning  that,  he  com- 
menced reading  law  in  the  office  of  Archer  &  Voorhies,  w^here  he  remained 
until  called  to  the  Bar  of  the  Supreme  Court,  in  January,  1858,  his  first  office 
being  opened  at  the  corner  of  Second  and  Santa  Clara  streets.  He  was  one 
of  the  Board  of  Commissioners  of  the  Funded  Debt  of  the  City  of  San 
Jose',  was  appointed  City  Attorney,  and  acted  as  such  from  1863  to 
September  8,  1879;  District  Attorney  for  1862-65;  to  the  State  Assem- 
bly, 1871,  when  the  coles  were  adopted;  and  Superior  Judge,  in  1879. 

T.  W,  Spring.  Born  in  Buffalo,  New  York,  June  17,  1829.  In  his 
3'outh  he  moved  to  New  Orleans  with  his  parents,  there  received  his 
education,  and  early  in  life  embarked  in  the  dry  goods  trade,  when  he  laid 
the  foundation  for  his  present  success  in  that  business.  In  1848  he  enlisted 
in  the  United  States  Battery  commanded  by  Colonel  John  B.  Magruder 
and  after  making  the  voyage  around  the  Horn,  landed  from  the  ship  Monte- 
rey, at  San  Diego,  in  1850.  In  1851  Mr.  Spring  was  discharged  from 
service,  and  proceeding  to  San  Francisco,  there  embarked  in  the   auction 


BIOGRAPHIES — SAN   JOS£    TOWNSHIP.  T^l 

business,  but  after  a  sliort  space  lie  went  to  the  mines,  whence  he  returned 
to  San  Francisco.  In  18G0,  lie  came  to  San  Jose,  and  joined  the  late  Nich- 
olas Hayes,  and  afterwards  established  "  The  Great  American  Store,"  which 
is  now  conducted  at  the  corner  of  Santa  Clara  and  Market  streets,  San 
Jose. 

J.  P.  Springer  {Deceaserl).  Was  born  in  Washington  county,  Kentucky, 
October  27,  1812.  He  early  developed  a  luve  for  travel  and  fondness  for 
adventure;  when  a  young  man,  ju>t  iVom  college,  he  conceived  the  idea  of 
exploring  the  Far  West;  according'}',  witli  a  little  company  of  thirty,  they 
starte  I  on  thijir  uncertain  an  1  perilous  rlhi.  They  encountered  many 
obstacles,  and  endui'cd  numerous  privations.  Nothing  daunted,  they,  like 
sturdy  yoemen,  pu.shed  foi-ward,  suffered  much  from  hunger  and  thirst,  being 
often  obliged  to  travel  for  weary  miles  over  long  stretches  of  desert,  almost 
famishing  for  a  drop  of  cold  water.  The  tortures  of  hunger  were  equally 
severe,  and  they  were  driven  as  a  last  resort  to  the  necessity  of  eating  their 
own  mules.  This  to  us  would  seem  a  bitter  portion,  but  was  to  them  the 
very  morsels  of  life.  After  surmounting  these  and  countless  other  difficul- 
ties, arrived  in  San  Jose  November,  1841 ;  spent  some  months  in  viewing  and 
inquiring  into  the  resources  of  the  country,  then  retur-ned  to  Missouri,  where 
he  published  and  circulated  many  fiamphlets  and  articles  concerning  this  far- 
away country — this  El  Dorado  of  his  dieams.  He  told  the  people  of  the  fab- 
ulous wealth  of  hill-side  and  ravine,  of  the  acres  of  wild  oats  on  which 
roamed  and  fed  thou.sands  of  wild  cattle ;  of  the  richness  of  the  soil,  the 
beauty  of  the  vallevs;  but  above  all  he  extolled  our  health-jrivino-  and 
health-restoring  climate.  His  zeal  and  enthusiasm  caused  many  to  emigrate 
to  California,  more  especially  to  this  county,  which  he  considered  the  garden 
spot.  He  made  several  trips  across  the  plains;  was  mariied  in  1845,  and 
crossed  the  country  with  his  family  for  the  last  time  in  1852  ;  located  at  Sara- 
toga, about  ten  miles  fioni  San  Jo^e.  Was  elected  to  the  Legislature  from 
Santa  Clara  county  in  18.30,  where  he  served  the  people  honestly  and  faith- 
fully. Was  a  true  gentleman  and  an  earnest  Christian.  After  a  short  illness 
at  his  home,  he  died  of  ])neumonia  June  4,  IStJl,  regretted  by  the  many 
friends  his  social  and  pleasant  manners  ha'i  made  for  him.  He  left  a  widow 
and  one  daughter  to  mourn  the  lo.ss  of  a  kind  husband  and  lovingr  father. 

Orrin  Taber.  Boin  in  Grafton,  Grafton  county,  New  Hampshire,  October 
22, 1840.  In  1845  he  moved  with  his  parents  to  Manchester,  New  Hampshire, 
and  thence  to  Chester,  in  the  same  State ;  afterwanls  to  Sheldonville,  Massa- 
chusetts, finally  returning  to  Manchester,  where  he  was  educated.  On  the  break- 
ing out  of  the  Rebellion  Mr.  Taber,  July  19,  18G1,  enlisted  in  Light  Battery  A, 
First  New  Hampshire  Artillery;  was  promoted  to  Quartermaster  Sergeant, 


742  HISTORY    OF    SANTA   CLARA    COUNTY,    CALIFORNIA. 

and  held  the  position  until  18G3;  was  further  promoted  to  be  first  Serf^eant; 
in  the  Spring  of  that  year  was  commissioned  Second  Lieutenant;  and  in  the 
following  July  was  detailed  for  service  ou  the  Artillery  Staff  of  the  Second 
Army  Corps  of  General  Hancock.  Having  served  his  entire  term  with  the 
Army  of  the  Potomac,  he  was  discharged  October  9,  18G4.  Mr.  Taber  now 
proceeded  to  Washington,  District  of  Columbia,  and  embarked  in  the  grocery 
and  provision  business,  which  he  continued  until  April,  18G5,  at  which  date 
he  went  into  the  hardware  and  agricultural  implement  trade.  Retiring  fiom 
this  last  occupation  in  Febiuary,  1868,  he  started  for  California,  and  airived 
in  San  Francisco  the  Gth  of  March  following,  and  pioceeded  to  visit  differ- 
ent parts  of  the  State,  which  completed,  he  retui-ned  to  Manchester,  New 
Hampshire,  in  the  Fall,  and  there  resumed  his  former  calling.  June  1, 18G9, 
he  once  more  came  to  San  Francisco,  with  his  family,  and  engaged  in  the 
dairy  business  until  1872,  when  he  came  to  Santa  Clara  county,  and,  settling 
in  Santa  Clara  township,  engaged  in  farming.  In  the  Fall  of  1875  he  came 
to  San  Jose,  and  the  next  Spring,  1876,  opened  an  agiicultural  implement 
store  for  Frank  Brothers,  of  San  Fi'ancisco,  which  business  he  now  follows, 
in  the  Music  Hall  Building,  No.  283  First  street.  Mairied,  October  9,  1861, 
Calista  A.  Barker,  a  native  of  New  Hampshire,  and  has:  Charles  A.,  Orrin, 
Samuel  M.,  Lena  M.  and  Loia  J.  (twins),  and  Harry  E. 

George  W.  Tarleton.  The  second  son  of  Mathew  and  Elizabeth  Tarle- 
ton,  was  born  in  Deertield,  New  Hampshire,  October  7,  1828.  He  received 
his  early  education  at  Alexander,  whither  his  parents  had  moved.  In  the 
Spring  of  1841  he  accompanied  his  parents  to  Manchester,  where  he  com- 
pleted his  schooling.  Heie  he  resided  until  Ma}'  5,  1852,  when  he  sailed 
from  New  York  for  California,  via  Nicaragua,  and  landed  in  San  Francisco 
July  7th  of  that  year.  Two  days  after  found  him  in  Santa  Clara  county, 
where,  having  worked  at  gardening  a  few  months  for  Captain  Joseph 
Aiam,  in  1853  he  .sowed  a  ci'op  of  grain,  and  the  following  year  was  employed 
by  the  before-mentioned  gentleman,  with  whom  he  leujained  one  year.  In 
1855  he  was  admitted  a  partner  in  tlie  nursery  busines.s,  and  came  to  his 
present  place  in  1858,  where  he  owns  thirty-nine  acres,  in  close  proximity  to 
the  city  of  San  Josd  Married,  July  12,  1860,  Jennie  M.  Brierly,  a  native 
of  Vermont,  and  has :  Charles  B.,  born  October  29,  1861;  Frank  W.,  born 
February  26,  1863;  Lester  G.,  born  February  25,  1866;  Lizzie  M.,  born 
February  10,  1868;  Edgar,  born  November  26,  1870;  Albert,  born  April  16, 
1874;  Lucy,  born  August  13,  1876;  Nellie,  born  July  16,  1880. 

Frederick  W.  Tennant.  Bom  in  County  Wexford,  Ireland,  February 
8,  1855,  and  came  to  this  county  when  a  year  old.  After  an  attenc'ance  of 
hree  years  he  graduated  at  Benicia,  Solano  county,  and  about   1878  took 


BIOGRAPHIES — SAN   J0S6   TOWNSHIP.  743 

up  his  residence  on  the  farm  he  now  occupies  about  seven  miles  from  Sxn 
Jose.  He  also  rents  one  hundred  and  twenty-five  acres  from  his  uncle. 
Married,  January  3,  1878,  Clementina  January,  and  has  John  W.  and  Mar- 
garet M. 

John  Tennant.  Born  in  County  Wexford,  Ireland,  March  9,  1800,  and 
there  resided  until  he  reached  fourteen  years  of  a^e  when  he  went  to  E  lin- 
burgh,  Scotland,  and  served  an  ajiprenticcship  to  the  Cabinet  and  Piano-f  irte- 
niaker's  trade.  At  the  end  of  si.K  years  he  removeil  to  London,  England,  and 
there  remained  ten  3'ears  working  at  his  calling.  He  now  returne  1  to  his 
native  land  where  he  dwelt  nntil  18.52,  sailing  from  London  for  California, 
United  States,  December  29Lh  of  that  year  and  arriving  at  San  Francisco  in 
August,  18-53.  Coming  at  once  to  Santa  Clara  county  he  purchase  1  the 
place  known  as  Edenvale,  seven  miles  from  San  Jose,  and  has  since  resided 
there.     His  pi'csent  splendid  mansion  he  erected  in  the  year  1876. 

Judje  Charles  G.  ThOTniS.  Born  in  Northumberland  county,  Penn- 
sylvania, November  8,  18U7,  and  was  there  educated.  He  went  to  Illinois  in 
1834,  residinof  there  until  he  came  to  California  in  18-51.  After  a  residence 
of  one  year  in  San  Francisco,  during  which  he  was  attached  to  the  United 
States  Custom  service,  the  Judge  came  to  Santa  Clara  county  and  located 
on  the  property  now  owmed  by  George  E.  Thomas,  his  son,  but  only  occu- 
pying the  place  for  about  twelve  months  he  purchased  his  present  tract  com- 
prising eighty  acres.  Was  Justice  of  the  Peace  for  ten  years,  and  Postmaster 
of  San  Jo>e'  for  three  years.  Mirriel  Elizibjth  Ejkert  in  1830,  and  has: 
Louisa,  Charles  L.,  residing  in  Providence,  Rhode  Island;  Arthur  R.,  now 
tempoi-arily  in  California;  Georgi  E.,  residence  adj  )ining  his  father;  Will- 
iam N.,  residence  with  his  fatlier ;  Delia  D.,  residence  with  her  father; 
Frank  H.,  residence,  San  Jose. 

Robert  Thomson.  Bom  in  Flfeshire,  Scotland,  February  25,  1825. 
When  young  he  moved  to  Dundee,  Forfarshire,  where  he  learned  the  black- 
smith's trade  and  worked  at  it  until  1848,  in  which  year  he  emigrateii  to 
the  United  States  and  settled  in  Brighton,  Livingston  county,  Michigan, 
where  he  embarked  in  his  trade,  and  continued  until  1850.  In  that  year  he 
crossed  the  plains  with  pack-mules  to  Califoinia,  and  a  party  of  fi  ty  men, 
journeying  by  way  of  Sublette's  Cut-off.  On  his  arrival  Mr.  Thonjson 
turned  his  attention  to  the  mines  at  Rough  and  Ready  for  a  short  time ;  he 
then  came  to  Sacramento  and  worked  at  his  trade  for  twelve  dollars  jier  day 
and  board.  He  then  took  a  short  prospecting  tour  and  returned  to  Sacra- 
mento, where  he  once  more  went  to  his  forge.  Here  the  whole  course  of 
Mr.  Thomson's  life  was  changed.  While  standing  on  the  sidewalk  one  day 
in  conversation,  there  chanced  to  come  by  a  peddler  who  was  retailing  onions 


744  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA, 

at  fifty  cents  per  pound  ;  he  ultimately  sold  the  entire  lot  at  forty-five  cents 
per  pound  and  realized  thereby  the  sum  of  two  thousand  dollars.  While 
cogitating  over  this  streak  of  fortune  the  Rev.  Isaac  Owens  happened  that 
way  and  on  ascertaining  the  out-turn  of  the  bargain  just  struck  said,  that 
he  had  forty  acres  of  land  in  Santa  Clara  county  which  he  thought  could 
raise  onions,  and  would  like  to  "go  shares"  with  some  one  in  putting  it  to 
that  use.  Thomson  with  William  Coffee  and  Anthony  Fromen,  at  once  made 
arrangements  with  Owens.  They  proceeded  to  Placerville,  purchased  seven 
yoke  of  cattle  and  two  wagons,  came  to  Santa  Clara  county,  fenced  the  land, 
it  being  the  same  now  owned  by  Edward  McLaughlin  the  banker,  and  is  sit- 
uated in  East  San  Jose.  Thomson  built  a  plow  of  wood  with  a  sheet-iron 
point,  turned  up  the  land,  and  the  first  year  produced  twenty  acres  of  veg- 
etables v^^ith  a  like  quantity  of  barley,  which  was  sold  at  eight  to  twelve 
and  a  half  cents  per  pound.  ^  The  next  year  he  came  on  to  the  place  on  which 
he  now  resides.  In  1853  h.e  sold  it  and  took  u|)  his  abode  near  the  Pala 
road  where  he  remained  until  1857,  at  which  time  he  went  to  Sonoma 
county,  but  at  the  end  of  twelve  months  he  returned,  bought  his  former 
property  back  and  has  since  maintained  his  domicile  there.  He  owns  one 
hundred  and  twenty-five  acres  of  well-improved  land.  Married  at  San  Josd, 
June  25,  1854,  Ellen  S.  Wall,  a  native  of  Missouri,  and  has  living:  Rjbart 
E.,  born  September  10,  185G;  Thomas  D.,  b^rn  April  14,  1859;  George  A., 
born  October  6,  1871;  Agnes  M.,  born  May  18,  1876. 

William  D.  Tisdlle.  B^rn  in  Utici,  New  York,  Ojtober  12,  1845. 
In  1854  his  parents  came  to  Nevada  county,  California,  via  the  Isthmus  of 
Panama,  and  arrived  in  the  Fall  of  the  year.  In  1860  he  entered  the  Santa 
Clara  College,  where  he  remained  three  years.  He  then  returned  to  Nevada 
county,  and  engaged  in  quartz  mining,  until  coming  to  the  city  of  San  Jose, 
in  November,  1871.  On  the  organization  of  the  First  National  Bank  there> 
Mr  Tisdale  was  elected  cashier,  a  position  of  trust  which  he  still  holds. 
Manied  Leuella  Gephart,  a  native  of  Niles,  Michigan,  and  has:  Bettie,  John 
B.,  Robert  D.,  and  Blanche. 

JollTl  Trimble.  The  subject  of  this  sketch,  whose  portrait  appears  in  this 
work,  was  born  in  Montgomery  (now  Warren)  county,  Missouri,  February 
17,  1828,  but  was  raised,  educated  and  acquii-ed  a  knowledge  of  farming  in 
Callaway  county.  In  the  year  1846,  having  enlisted,  he  served  for  thirteen 
months  in  the  Mexican  war  under  General  Kearny.  In  the  Spring  of  1849 
lie  started  to  cross  the  plains  with  ox -teams  to  California,  and  arrived  at 
Lassen's  ranch,  on  the  Sacramento  river,  in  the  month  of  September  of  that 
year.  Thence  he  proceeded  to  the  mines  in  Shasta,  and  after  a  short  stay 
there  came   to  Santa  Clara  county  and  embarked  in  farming  operations  in 


BIOGRAPHIES — SAN  JOSJfi   TOWNSHIP.  745 

company  with  Samuel  Q  Broughtoii  and  R')l)ert  Bailey  at  Berreyessa,  and 
in  1850  raised  a  crop.  In  the  Spring  of  1851  Mi-.  Trimble  went  to  the  mines 
in  El  Dorado  county  but  returned  to  his  farm  at  the  end  of  six  iiidiith.s  and 
stayed  there  until  the  Fall  of  1852,  when  he  paid  a  visit  to  tiie  Eastern 
States,  returning-  with  his  bride  by  way  of  the  plains,  and  bringing  with 
l)im  a  drove  of"  cattle,  which  he  drove  to  this  valley.  Here  he  resided  until 
1857  when  he  sold  out  an.l  moved  to  the  place  he  now  occupies  near  Mil- 
pitas,  comprising  two  hundred  and  fifty  acres  of  land  on  which  he  raises 
fruit,  berries,  and,  grain.  ^lairied,  in  Missouri,  April  20, 1853,  Mary  J.  Miller, 
and  has  living:  Sarah  R.,  Maggie  J.,  Mary  F.,  Mattie  M.,  and  John. 

Marcus  Trueman.  Born  in  the  Province  of  New  T'runswick,  Canada, 
May  10,  1821.  Wlien  twenty-one  years  of  age  he  emigrated  to  the  United 
States  and  settled  in  Boston,  Massachusetts,  where  he  worked  at  the  carpen- 
ters' trade  which  hehal  acquired  in  "the  old  country."  He  resided  contin- 
uou.sly  in  Boston  until  the  year  1857,  when  he  returned  to  the  soil  of  his 
birth  and  there  remained  until  18G8,  in  which  year  he  came  to  California  via 
the  Isthmus  of  Panama,  landing  in  San  Francisco  July  14Lh  of  that  year, 
Coming  directly  to  Santa  Clara  county,  he  obtained  employment,  and  there 
worked  for  about  eighteen  months,  on  the  Fourth-street  Mill,  wdien  he  pur- 
chased the  undertaking  business  of  Edward  Albion  and  alone  conducted  it 
until  February  1,  1871,  when  he  took  William  L.  Woodrow  into  partnership. 
In  July,  1874,  they  removed  to  their  present  place  of  business  at  No.  408, 
First  street,  where  the  office  of  the  County  Co:oner  is  also  located.  Mr. 
Trueman  has  been  twice  married,  his  second  wife  being  Jane  M.  Evans 
His  family  consists  of  :  Lydia  (by  his  first  marriage),  and  Ida  M.  and  John  H., 
by  his  present  spouse. 

Austin  F.  Umbarger.  Born  in  Withe  countv,  Virginia,  August  G, 
1830,  but  moved  at  an  early  age  with  his  parents  to  Clark  county,  Illinois, 
where  he  was  taught  fainiing.  On  the  breakinof  out  of  the  Civil  War,  he 
enlisted  in  the  Thirty-foui  th  Regiment  of  Illinois  Volunteer  Infantry,  Sec- 
ond Brigade,  Second  Division  Fourteenth  Army  Corps,  in  which  he  served 
three  years.  He  returned  home  and  in  18G6  started  for  California,  coming 
direct  to  Santa  Clara  county.  Taking  up  his  residence  with  his  brother  on 
his  farm  three  miles  from  San  Jose  on  the  Monterey  road,  he  there  had  his 
headquarters  until  1871,  when  he  came  to  the  place  on  which  he  now 
lives,  comprising  seventy-three  acres  of  land,  situated  near  Berrevessa.  Mar- 
ried, November  29,  1874,  J.  E.  Bowcn,  and  has  one  child:  Nellie  May,  born 
April  18,  1876. 

Isaac  N.  Van  Doren.  Born  in  Oakland  county,  Michigan,  November 
13,  1843.     In  185G  he  moved  with  his  parents  to  Ionia  county,  and  was  there 


746  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

educated.  In  18G1  he  enlisted  in  Company  A,  Third  Michigan  Infantry, 
but  was  rejected  by  the  Government  on  account  of  age.  Again  on  Novem- 
ber 15,  1863,  he  enlisted;  on  this  occasion  in  Company  K,  Fir.st  Michigan 
Engineers,  and  joined  the  army  of  the  Cumberland  at  Ciiattanooga,  Tennes- 
see; was  with  Sherman  in  his  march  to  the  sea,  and  after  gfoinsx  to  Wash- 
ington,  D.  C,  was  ordered,  May  23,  1865,  to  Parkersburg,  West  Virginia; 
thence  to  Nashville,  Tennessee,  where  they  were  mustered  out  of  service,  our 
subject  receiving  his  final  discharge  on  the  6th  of  October  of  that  year. 
Having  purchased  a  farm  in  Iowa  county,  Michigan,  he  resided  there  until 
1871,  when  he  came  to  California,  and  after  visiting  different  parts  of  the 
State  settled  in  San  Jose,  Santa  Clara  county,  in  1873,  being  then  engaged 
as  traveling  salesman  for  Williams  Brothers.  In  1878  he  went  to  Arizona 
but  returned  after  a  stay  of  thirteen  months;  he  then  went  prospecting  to 
Washington  Territory,  but  at  the  end  of  four  months  he  left,  and  coming 
back  to  San  Jose  purchased,  August  23,  1880,  in  company  with  A.  D. 
Daunes,  the  business  of  C.  E.  B  jdley,  at  No.  271  First  street,  where  they  are 
now  engaged  in  the  coal,  lath,  plaster  anl  cement  trade.  Married,  October 
7,  1868,  Rachael  Mitchell,  a  native  of  Canada  and  has  one  child:  Ivy  Ellen. 

Daniel  Van  Pelt.  Born  in  Staten  Island,  New  York,  in  1804,  where 
he  was  educated.  At  sixteen  years  old  he  went  to  New  Jersey,  and  after- 
ward to  New  York  City,  and  there  entered  into  business.  June  2,  1852,  he 
sailed  from  the  last-named  port  in  the  Daniel  Webster  for  the  Isthmus 
thence  in  the  Pioneer  for  Sin  Francisco,  where  he  arrived  August  2d  of 
that  year.  Leaving  a  stock  of  goods  which  he  had  brought  with  him  in 
the  hands  of  commission  merchants,  Mr.  Van  Pelt  took  himself  off  to  the 
mines,  and,  after  a  year,  returned  to  San  Francisco.  He  then  bought  a 
foundry  and  machine  shop,  and  conducted  it  until  1858,  when  he  came  to 
San  Jos^,  Santa  Clara  county,  and  purchased  his  pi'esent  i-esidence,  at  the 
corner  of  St.  James  and  Teresa  streets.  Married,  December  14,  1825,  Eliza 
H.  Faikner,  a  native  of  Newark,  New  Jersey,  and  has  an  only  child, 
Mrs.  Premilla  Evans,  now  living.  It  should  be  stated  that  to  Mr.  and 
Mrs.  Van  Pelt  were  born  seven  children,  four  boys  and  three  girls.  Of 
these  five  died  in  New  York  City,  and  two  joined  him  in  California  with 
their  mother  in  April,  1858.  Andrew  H.  Van  Pelt,  the  son,  volunteered  in 
1861  into  Company  D,  First  Regiment  California  Volunteers,  and  served 
during  the  war,  three  years,  without  loss  of  a  single  day.  Receiving  his 
discharge,  with  six  other  non-commissioned  officers,  they  commenced  their 
return  journey,  byway  of  New  Mexico  and  Arizona.  On  the  way  Andrew 
Van  Pelt  was  stricken  with  a  fever,  to  which  he  succumbed  on  the  borders 
of  California.  Mrs.  Van  Pelt  died  in  San  Jose  December  15,  1862,  and  her 
remains  were  interred  on  the  premises  where  her  husband  now  resides. 


BIOGRAPHIES — SAN   J0S6   TOWNSHIP.  747 

Asa  Vestal.  The  subject  of  this  sketch  is  of  an  ancient  family  of  Saxon 
and  Scotch  origin,  and  of  Quaker  stock,  the  fii-st  nieuiber,  William  Vestah 
havinGT  emigrated  from  London,  Enirland,  in  the  year  1G83,  with  a  large 
number  of  Friends  (Quakers)  who  came  to  America  to  settle  on  the  lands 
purchased  by  William  Penn,  and  known  as  "  Penn's  Purchase,"  or  Pennsyl- 
vania. The  founder  of  the  family  settled  in  Lancaster  county,  Pennsylvania, 
reared  a  large  family,  and  fiom  them  have  sprung  the  "  Vestals  "  in  America. 
Asa  Vestal  is  of  the  third  generation,  the  order  being:  Williau),  Thomas^ 
Jesse,  and  Asa,  wlio  was  born  in  Randolph  county,  North  Carohna,  in  tlie 
year  1801,  March  the  17th;  was  married  in  that  State  to  Elizabeth  D3  Jar- 
natt,  who  is  of  French  Huguenot  extraction,  and  after  a  residence  of  a 
number  of  years,  in  1839  moved  to  the  State  of  Missouri,  and  for  ten  years 
was  enga^'ed  in  farming  and  wagon- making  in  Jackson  county.  In  the 
year  1849  he  removed  to  California,  overland,  with  his  family,  and 
after  spending  the  Winter  of  1849  and  the  Spring  of  1850  in  placer  min- 
ing came  to  Santa  Clara  county  and  settled  in  the  suburbs  of  the  city  of 
San  Jose,  and  has  lived  there  since  August,  1850,  being  engaged  in  farming 
and  fruit-growing.  Asa  Vestal  has  never  been  engaged  in  active  politics, 
but  was  a  Whig  of  the  old  school  and  a  Republican  of  the  stalwart  order 
of  sound  principles  and  good  morals,  ever  ready  to  aid  the  distressed  and 
help  the  deserving  if  unfortunate. 

George  Welch.  The  subject  of  this  sketch,  a  highly  esteemed  citizen 
of  San  Jusd,  was  born  near  Kircubbin,  County  Down,  Leland,  Novembi-r  12, 
1838.  At  the  age  of  fourteen  years,  he  accompanied  his  half-brother,  James 
Mageen,  to  Malone,  Franklin  county,  New  York,  and  there  settled,  where 
he  completed  his  education;  after  which,  in  185G,  he  was  employed  by  the 
transportation  firm  of  Field's  &z  Co.,  of  Malone  and  Og  lensburg,  as  travel- 
ing agent  between  the  former  place  and  Boston.  Captain  Welch  remained 
in  this  occupation  until  the  month  of  December,  of  that  year,  when  he  joined 
the  Ninth  Regiment  of  United  States  Lifantry,  and  with  them  came  to 
the  Pacific  coast.  In  March,  1857,  he  was  assigned  to  Company  H.  stationed 
at  ]\Iuchel.shoot  Prairie,  about  thirty  miles  from  Fort  Steilacoom,  Washington 
Territory,  where  there  was  trouble  experienced  with  the  Flat-Head  Indians. 
At  this  place  he  remained  quartered  .seven  months,  when,  being  wounded  in  an 
aftVay  with  the  natives,  he  was  honorably  discharged  on  that  account.  At  this 
time,  1858,  the  Fi-azer  river  excitement  broke  out,  therefore  the  Captain,  with 
the  sum  accruing  to  him  as  pay  from  the  United  States  Army,  started  for  the 
gold  fields,  having  as  a  comrade,  James  Macaulay,  a  Government  teamster. 
Having  arrived  at  Victoria,  Vancouver's  Island,  arrangements,  for  their  search 
for  the  yellow  metal,  were  completed ;  they  then  took  pa.ssage  in  the  Otter, 
conveying  with  them  a  canoe  to  be  used  in  transporting  their  impediimenta, 


748  HISTORY    OF    SANTA   CLARA   COUNTY,   CALIFORNIA. 

when  the  upper  waters  of  the  Frazer  were  reached.  From  the  last  named 
craft,  our  voyagers  were  transported  to  the  Umatilla,  and  in  her  journeyed 
from  the  mouth  of  the  river  to  Fort  Hope,  the  highest  point  reached  at  that 
time  by  a  steamer.  In  the  latter  part  of  July,  18.38,  our  subject  located  on 
Puget  Sound  Bar,  some  three  miles  below  Fort  Yale;  prospected  there  for 
three  weeks  with  no  success,  and  finally,  disposing  of  his  entire  outfit,  left 
the  difrsingcs  in  diso-ust,  his  entire  resources  beinfj  the  munificent  sum  of  two 
dollars  and  a  half,  but  backed  with  a  stout  heart  and  strong  will,  Captain 
Welch  now  proceeded  to  Furt  Langley,  where,  finding  Surveyor  Gaston  lay- 
ing out  a  town,  he  obtained  employment  from  him  in  cutting  brushwood._ 
After  having  performed  some  Custom  House  duties  here,  he  joined  the  party 
of  Colonel  Hawkins,  Royal  Engineers,  who  was  then  establishing  the  bound- 
ary line  between  the  territories  of  the  United  States  and  Great  Britain,  and, 
while  thus  engaged,  was  appointed  to  the  responsible  position  of  Foreman  of 
Pioneers.  Having  remained  at  this  occupation  during  one  season,  he  accom- 
panied the  expedition  into  Winter  quarters  at  Esquimalt,  and  while  there 
in  the  end  of  1859,  entered  the  Police  of  the  Colony,  being  a  few  weeks  later- 
chosen  to  be  jailer  of  the  Crown  Prison,  a  po.st  he  filled  with  much  credit 
until  the  year  18G2.  In  this  year  the  Bank  of  British  Columbia  establislied 
its  first  agenc}'  in  Victoria,  when  the  Captain  accepted  the  position  of  Mes- 
senger to  that  establishment,  and  in  the  following  Spring  was  deputed  by  the 
Bank,  in  company  with  Edwin  Russell,  to  open  their  tirst  agency  in  Caniboo. 
In  18()3  he  was  sent  to  the  mouth  of  the  Quesnelle,  to  superintend  the  con- 
struction of  their  initial  agency  at  that  place,  and  was,  later  in  the  year, 
on  the  abolition  of  the  Gold  Escort,  appointed  Treasure  Messenger  to  the 
Bank,  liaving  carried,  while  so  engaged,  upwards  of  two  millions  of  dollars, 
all  of  which  was  safely  delivered,  notwithstanding  the  rough  country  which- 
he  traveled  and  the  dangers  to  which  he  was  exposed.  In  the  mean- 
time a  change  in  the  government  took  place,  and  through  the  instru- 
mentality of  the  Bank  Manager,  Welch  was  appointed  the  first  Inspector  of 
Police  of  Vancouver's  Island,  under  the  administration  of  Sir  Arthur  Edward 
Kennedy,  K.  C.  B.  At  the  end  of  three  years  the  office  was  abolished,  on 
the  union  of  the  two  colonies  of  British  Columbia  and  Vancouver's  Island, 
when  he  removed  to  California,  arriving  in  the  Spring  of  1867.  Being  at 
this  period  appointed  the  Superintendent  of  the  City  Garden,  then  the 
fashionable  resort  of  San  Francisco,  he  rented  the  grounds,  on  its  being 
turned  into  a  joint-stock  company,  at  the  high  rate  of  five  hundred  and  fifty 
dollars  per  month,  and  continued  them  for  three  months,  during  which,  he 
introduced  for  the  first  time,  many  of  those  daring  performances  which  have 
since  become  famous.  In  the  Spring  of  18G8,  he  came  to  San  Jose,  pur- 
chased teams,  and,  for  a  time,  managed  the  outside  work  of  Wells,  Fargo  & 
Co.;  at  the  end  of  that  year  he  went  into  the  produce   firm  of  Baraco  & 


BIOGRAPHIES — SAN    JOS^    TOWNSHIP.  749 

Welch;  one  year  after  lie  embarked  in  tlie  insurance  busincfis,  Avliicli  he  has 
since  cnntinued,  being  now  agent  for  the  Mutual  Life  Insurance  Company  of 
New  York;  and  the  Liverpool  London  and  Globe  Fire  Lisurance  Company 
— the  two  leading  companies  of  the  worM  in  Fire  and  Life  Insurance — to 
which  he  joins  a  large  business  in  Real  Estate  and  other  agencies.  After  a 
varied  life  of  much  adventure  and  responsibility,  we  are  happy  to  state  that 
the  Captain  is  now  in  the  enjoyment  of  tliat  ease  and  respect  which  long 
years  of  faithful  service  entitle  him  to.  Captain  Welch  commanded  the  San 
Jo.se  Guards,  organiz'^d  May,  1872,  from  their  first  organization  until  they 
were  disbanded  in  1874.  The}^  were  independent,  and  were  said  to  be  the 
finest  body  of  Soldier}'  Militia  in  the  State;  but  the  cost  was  too  much  for 
the  Captain  to  stand  for  glory,  especially  as  the  Captain  is  chairman  of  all 
committees,  according  to  the  tactics  now  in  use.  He  married,  in  18G2,  Kate 
Riley,  and  has  a  family  of  five  children,  viz.:  Annie  M.,  born  February  14, 
18G4;  Mary  E.,  born  December  19,  18GG;  George,  boi'n  in  San  Franci.sco, 
June  8,  18G8  ;  Katie,  born  in  San  Josd,  January  7,  1871;  John  Mitchell, 
born  in  San  Jose,  Mai'ch  28,  1875. 

Charles  F.  Wilcox.  Born  in  Joliet.  Will  county,  Illinois,  July  6,  1852. 
He  came  with  his  mother  to  California  in  the  Fall  of  1857  (his  father  having 
pi-eviously  arrived  here),  and  the  family  settled  for  a  time  at  Monte  Christo, 
near  Downieville.  In  the  Spring  of  1858  they  moved  to  Silveyville,  Solano 
count}^  and  there  remained  until  1861,  at  which  time  they  moved  to  Maine 
Prairie,  in  the  same  county.  From  here  the  subject  of  our  sketch  came  to 
Santa  Clara  in  1865  to  enter  the  Santa  Clara  College,  from  which  he  grad- 
uated A.  M.,  in  1871.  Mr.  Wilcox  at  once  settled  in  San  Jose  and  entered 
upon  tlie  study  of  the  law  with  Bodley  &  Rankin,  with  whom  he  remained, 
as  well  as  with  Spencer  &  Rankin,  until  he  was  admitted  to  practice  before 
the  Supreme  Court,  in  January,  1875.  On  the  dissolution  of  the  last-named 
firm,  Mr.  Wilcox  became  associated  with  B.  P.  Rankin,  and  afterwards 
for  a  few  months,  with  James  H.  Campbell.  In  January,  1878,  Mr. 
Wilcox  commenced  practice  alone.  His  office  is  room  2  Commercial  Bank 
Building,  and  he  enjoys  a  fine  residence  upon  the  Alameda.  Married,  Novem- 
ber 17,  1875,  Frances  L.  Cahill,  a  native  of  California,  and  has:  Harriet 
Marguerite,  born  September  30,  187G;  Mary  Christabel,  born  June  IS,  1878; 
Lucien  Harvey,  b(nn  March  29,  1880. 


750  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 


ADDENDA. 


[The  following  biographies  not  having  arrived  in  time  to  be  inserted  in  their  proper  places, 
we  are  ijh\ig(.d  jjer  force  to  produce  them  by  thtmteives.j 

ALVISO. 
C.  W.  Young.  Born  in  Cayuga  county,  New  York,  January  2G,  1826 
and  was  there  educated,  and  reared  a  farmer.  In  18.52  he  came  to  Califor- 
nia, arriving  in  July,  and  at  once  went  to  the  mines  near  Sonoi-a.  Coming 
back,  at  the  end  of  a  year,  to  San  Francisco,  he  entered  the  employ  of  I- 
Friedlander,  and  was  with  him  four  years.  He  next  was  engaged  by  Ken- 
nedy &  Hopkins  for  a  year.  He  then,  in  1858,  came  to  Santa  Clara  county, 
and  settled  at  Alviso.  Here  he  was  for  ten  years  in  the  Alviso  flour  mills, 
and  is  now  a  farmer.  Married,  September  G,  1862,  Mary  Pollard,  and  has 
an  only  cluld,  Mary  F. 

BURNETT. 
J.  M.  Wilber.  Native  of  Ontario  county.  New  York,  born  February 
4,  1828,  where  he  received  his  education,  and  was  brought  up  a  farmer.  In 
1850  we  find  him  at  Ann  Arhor,  Michiiran,  where  he  enofa^ed  in  farminor  for 
two  years,  when  he  emigrated  to  California.  He  left  New  York  City  on 
the  8lh  May,  via  the  Nicaragua,  landing  in  San  Francisco,  June  Gth.  He  at 
once  proceeded  to  the  mines  in  Coloma,  El  Doratlo  count}^  where  he  prose- 
cuted mining  for  four  and  one-half  years,  meeting  with  good  success.  At  the 
expiration  of  this  period  he  came  to  the  county,  and  located  in  San  Josd, 
where  he  prosecuted  farming  until  the  Fall  of  18G7,  when  he  settled  on  his 
present  place,  comprising  one  hundred  and  eighty-two  acres,  where  he  has 
resided  continuously  ever  since.  Married,  April  19,  1848,  Ann  Covert,  a 
native  of  Cayuga  county,  New  York.  Samantha  is  their  only  child.  Mr. 
Wilber  has  interests  in  mines  in  Bodie. 

GILROY. 
N.  S.  Elrod,  Native  of  Orange  county,  Indiana,  born  September  1, 
1828,  where  he  was  educated,  and  raised  a  farmer.  In  1856  he  went  to 
Texas,  and  tliere  engaged  in  farming  for  five  years.  In  1861,  he  started 
across  the  plains  for  California,  and  arrived  in  Gilroy  township,  June  10, 
1862.  In  the  Fall  of  1862  he  bought  his  present  farm,  comprising  eighty  acres, 
of  A.  S.  Hinraan.     His  ranch  is  located  six  miles  w^est  of  Gilro}^  on  the  Uvas 


BIOGRAPHIES — ADDENDA.  751 

creek.  He  is  engafjed  in  a  farming  and  fruit  business,  and  also  owns  a  tract 
of  fifty-tiirce  acrts  t'uitliei  up  the  creek.  Married,  September  IS,  18.').5, 
Hannah  R.  Fitts,  a  native  of  North  CaroHna.  Andi-ew  Jackson,  Susan 
C,  now  Mis.  Thomas  Hilton,  Mary  E.,  Clara  Grant,  Emeline,  A.lbert,  and 
John,  are  the  names  of  his  children. 

George  Eustice.  Jioin  In  England  March  2,  1843,  and  emigrated  with 
his  parents  to  Grant  county,  Wisconsin,  in  1840.  Here  he  remained  until 
18G1,  when  he  enlisted  in  tliu  late  Rebellion,  served  three  years,  and  then 
retuined  to  Wisconsin.  Jn  18GG  (Spring)  we  find  him  in  Montana,  where 
he  worked  in  the  mines,  and  at  blacksmithing,  until  the  Fall  of  ]8(j9,  when 
he  came  to  California,  locating  in  Gilroy,  this  county.  Here  he  erected  his 
blacksmith  and  carriage  shop,  and  also  a  dwelling-house,  where  he  resides 
at  this  writing.  Married,  in  December,  1869,  Selena  Richards,  a  native  of 
Wisconsin,  and  has:   \\  ill  is  W.,  George,  and  James  Gai  field. 

MILPITAS. 
Edward  Topham.  Rorn  in  Toronto,  Canada,  October  25,  1840,  where 
he  learned  the  trade  ot  blaeksmilh.  When  seventeen  years  of  age  he  came 
to  the  United  States.  His  stav  was  short,  however.  Rut  in  1868,  he 
returned,  and  after  traveling  through  a  laige  portion  of  the  country,  came 
to  California,  direct  to  Santa  Clara,  and  in  that  city  worked  at  his  trade  for 
six  months.  He  now  came  to  Miipitas,  purchased  a  half-interest  in  a  shop, 
and  became  associated  with  Mr.  Boyle.  Mr.  Topham  has  been  a  School 
Trustee  for  several  years,  and  is  the  }  resent  Clerk  of  the  Board.  Married, 
in  1876,  Miss  Hatlie  Cattle,  and  has  four  children:  Clarence,  Frank,  Edward, 
and  Chester. 

REDWOOD. 
Jcfcn  E.  Daves.  Born  in  Jo  Daviess  county,  Illinois,  September  6,  1844. 
In  the  Spring  of  1852  he  crossed  the  plains,  with  ox-teams,  to  California, 
accompanied  by  his  parints,  and  settled  in  Santa  Claia  county.  His  father, 
having  preceded  him  in  1850,  took  up  the  ranch,  and  returned  for  his  fam- 
ily. In  October,  1852,  they  settled  on  the  farm  near  Moreland  school-house, 
where  they  resided  until  1870,  engaged  in  farming.  In  the  year  1866  the 
subject  of  this  sketch  left  the  parental  roof,  and  proceeded  to  Tulare  county^ 
and  thence  to  Kern  county,  in  both  of  which  he  was  occupied  in  stock-rais- 
ing. In  1870  he  returned  to  Santa  Clara  county,  and  in  1872,  located  on 
the  five-l.undred-acre  faim  he  row  owns.  Married,  March  6,  1872,  Mary  E. 
Parr,  a  native  of  Cable  rnia,  and  has:  Charles  C,  born  February  10,  1874; 
Pearl,  born  September  20,  1877. 

George  Seanor.  Porn  in  Yorkshire,  England,  January  5,  1844.  When 
eleven  years  of  age  his  parents  moved  to  ihe  United  Slates  aird  settled  in 


752  HISTORY    OF    SANTA   CLARA    COUNTY,    CALIFORNIA. 

DuPage  county,  Illinois,  where  he  received  his  schooling  and  learned  the 
trade  of  blacksmith.  When  only  eighteen  years  of  age  he  started  in  a  shop  of 
his  own  and  successfully  carried  it  on  until  1863,  when  he  wound  up  his  bus- 
iness and  started  for  California  via  Panama.  Upon  arrival  in  San  Fran- 
cisco he  worked  at  his  trade  a  short  time,  then  went  to  Saratoga,  Santa 
Clai-a  county,  and  there  entered  into  business  with  James  McWilliams,  but  a 
few  months  thereafter,  selling  out  to  his  partner  he  proceeded  to  Santa  Cruz 
and  afterwards  came  to  Lexington,  in  this  county.  After  working  there 
for  about  a  year  he  went  into  partnership  with  W.  T.  EUedge,  and  so 
remaineil  in  business  until  1872  when  he  sold  out  his  interest  to  his  partner 
and  remove;!  to  Los  Gatos,  where  he  had  established  a  blacksmith  shop  in 
1870.  In  1872  he  added  a  carriage  shop  to  this  last-na^ned  business,  ami  in 
1879  built  another  addition  for  a  shingle  factory,  with  a  capacity  of  thirty 
thousand  a  day,  which  business  he  is  now  conducting.  Married,  November 
30,  1875,  H.  J.  Daves,  by  whom  he  has  two  living  chihh-en,  viz.:  Georgie 
H.  Seanor,  born  August  20,  1877;  Coia  Edna  Seanor, born  March  20,  1881. 

SANTA    CLARA. 

Peter  H.  Doyle.  Born  in  County  Wicklow,  Ireland,  on  St.  Patrick's 
dav,  1830.  In  184-9  he  came  to  California,  and  to  this  county,  and  settled 
in  the  town  of  Santa  Clara,  in  September,  1851.  After  engaging  three  years 
in  the  produce  business  he  turned  his  attention  to  farming,  and  is  now  one 
of  the  raisers  of  the  finest  bred  swine  of  the  Berkshire  and  Essex  breeds,  tak- 
ing, also,  a  keen  interest  in  horses,  a  j'earling  colt  of  his  being  a  marvel  of 
perfection.  Married  Miss  C.  M.  Lawless,  and  has  two  children,  Mary  and 
Katie. 

SAN    JOSE. 

John  Balbach.  This  old  and  much  esteemed  .settler  of  Santa  Clara 
county,  was  born  in  Mergentheim,  Germany,  February  13,  1820.  Emigrat- 
ing to  the  United  States  at  twtnty-eight  years  of  age,  he  landed  in  New  York 
City  in  May,  1848,  and  almost  immediately  proceeded  to  Cincinnati,  Ohio, 
where,  remaining  but  three  months,  he  moved  to  Hariisburgh,  Owen  county, 
Kentucky,  and  obtained  employment  in  a  carriage  manufactory.  On  March 
28,  1849,  in  company  with  nine  others,  Mr.  Balbach  left  Harrisburgh  for 
California,  their  outfit  consisting  of  horse-teams  and  wagons.  On  arrival  at 
a  point  about  one  hundred  miles  west  of  Fort  Smith,  the  drifting  snow  and 
inclement  weather  compelled  them  to  exchange  their  animals  and  vehicles 
for  mules,  which  they  obtained  from  an  Indian  trader  there  located.  The  bar- 
ter effected,  such  articles  as  were  thought  to  be  most  requisite  were  disposed  on 
the  pack-saddles,  and  the  march  taken  up;  but  now  serious  troubles  com- 
menced, lor  the  mules,  which  had  never  been  worked,  here  proved  unruly, 
one  with  all  the  sugar  on  his  back  bolted  and  never  returned,  while  another 


BIOGRAPHIES — ADDENDA.  753 

broke  his  neck  while  hitched  to  a  tree,  necessitating  the  abandonment  of  his 
bunk-n.      N()t\vithstan(Hng  these  mishaps,  as  well  as  the  enduring  of  hard- 
ships such   as   have   been  experienced   oidy  l>y  the  earlier  voyagers   to   this 
State,  our  suhject  and  his  comrades  arrived  safely  at  Santa  Fe,  whence  they 
started  by  the  middle  route  for  California,  but  were  obliged  to   retrace  their 
steps  owing  to  the  melting  snows  and  swollen  mountain  torrents,  causing  a 
detention  of  nearly   two  weeks.     Once  more  a  start  was  effected   and  the 
Gila  River  route  to  the  Colorado  taken;  thence   to  the  place  on  which  Fort 
Yuma   now  stands.     The   crossing  of  the  swift-rushing  Colorado  was  not 
witli  ut  excitement,  therefore  let  us  relate  the  experiences  of  this  company 
of  pioneers,  which  had  now  b -en  augmented  to  thirty-five  men.     The  stream 
was  found  to  be  much  swollen  ainl  therefore  the  crossing  hazardous,  but  it 
mu>t  be  ma<le.     Indians  were  hired  to  construct  rafts,  which  were  to  be  pad- 
dled, the  mules  meanwhile  being  swarn  to  the  opposite  bank,  and  a  return 
voyage  maile  for  the  men.     Let  us  see  what  were  Mr.  Balbach's  experiences. 
The  raft  on  which  he  and  two  of"  his  companions  took  passage,  was  composed 
of  thi-ee  logs  lashed  together,  but  so  carelessly  fastened  were  they  that  when 
half  way  across  they  broke  adrift,  leaving  an  Indian  and  a  man  on  one  log,  a 
second   man  on  another,  and  the  subject  of  our  sketch  being  carried  away 
with  the  current   on   the  third.     Finding  himself  quickly  sAvept  from    the 
shore,  Mr.  Balbaeh  plunged  into  the  swirling  waters  and  happily  reached  the 
bank,  but  .so  enfeebled  was  he  from  the  effects  of  a  recent  fever,  that  he  had 
no  sooner  joined  his  friends  than  he  swooned  away,  to  find  on  awaking  to 
retuininrr  consciousness,  that  the  Indians  had  stolen  their  mules.     Here  indeed, 
was  a  dilemma!  He  wlio  is  ac([uainted  with  the  burning  sun,  the  scorching 
sand,  and  seared  sage-brush  of  that  inhospitable  region,  will  readily  imagine 
the  feelings  of    our  pioneei-,  as  he  fully  realized  that  this  broad  desert  must 
be  crossed    on   foot,  with  but  little  food,  a   scant  supply  of  water,  and   he 
exhausted  by  a  long  illness.     It  was  confidently  asserted  that  he  would  never 
reach  California.     "  What  I  suffered  on  that  march,"  says  Mr.  Balbaeh,  "no 
one  but  my.self  can  ever  know.     How  I  reached  the  spot  where  Fort  Yuma 
has  since  been  built  it  is  impossible  for  me  to  say,  and  yet  I  have  been  trying 
to   solve  the  riddle  for  the  past  thirty-one  years."     On   August  10, 1849,  he 
arrived   at  Rowland's  ranch,  and  in   tlie  following  December  came  to  San 
Jos^.     On  arrival  he  applied  at  an  adobe  house  (situated  on  the  lot  next  to 
that  on  which  he  now  resides),  occupied   by  a  Spaniard,  for  permission  to 
remain   over  night,  which  was  gianted;  he  therefore  removed  his  blankets 
from  off  his  horse  and  proceedeil  to  picket  the  animal  on   the   ground   now 
occupied  by  Joseph  Enright's  foundry,  at  the  corner  of  First  and  William 
streets.     This  effected,  he  retuined  to  the  house  to  find  that  his  blankets  were 
nowhere  to  be  traced — they  had  been  stolen.     Weariness,  however,  brought 
sleep.     In  the  morning  he  awoke  to  discover  that  his  horse   had   gone,  pre- 
48 


754  HISTORY    OF   SANTA    CLARA   COUNTY,    CALIFORNIA. 

sumably  to  keep  company  with  his  blankets,  for  neither  have  since  been 
seen  by  their  legitimate  owner.  It  is  this  fortuitous  circumstance  that  deter- 
mined him  to  make  his  home  in  San  Jos^,  where  he  has  been  a  resident  from 
then  till  now.  Married,  November  15,  1854,  Minna  Berner,  a  native  of 
Germany,  by  whom  he  has  nine  children. 

John  Barry.  A  native  of  Ireland,  born  19th  March,  1835,  and  emi- 
grated to  the  United  States,  landing  in  New  York  City,  November  15, 
1840.  Migrating  to  Frankfort,  Kentucky,  he  settled  there  for  a  few  years, 
then  removed  to  Louisville,  same  State.  Mr.  Barry  being  somewhat  nomadic, 
again  migrated  to  New  Orleans,  Galveston,  Texas,  and  Cuba,  stopping  a 
while  at  each  place.  Again  he  came  to  the  United  States,  proceeding  to 
Memphis,  Tennessee  ;  from  thence  returned  to  New  Orleans.  The  continued 
stories  of  California's  golclen  wealth  proving  something  more  substantial 
than  a  dream  to  the  eager  eyes  turned  westward  from  the  Crescent  City,  the 
fever  seized  Mr.  Barry,  with  the  rest,  and  he  embarked  for  this  State,  via 
the  Isthmus,  arriving  in  San  Francisco  May  G,  1852.  After  varying  for- 
tunes he  returned  to  New  Orleans,  arriving  June  11,  1855;  remaining  a 
year,  he  again  bid  adieu  to  the  South,  and  set  face  toward  the  Pacific 
slope,  arriving  in  1856.  This  time  he  settled  in  San  Jose',  and  entered  the 
employ  of  Bartley  &  McCutchen,  who  were  engaged  in  the  livery  business. 
In  the  Spring  of  1858  he  opened  a  hostelry  at  the  Twelve-mile  House,  and 
conducted  this  business  successfully  for  nearly  four  years,  when,  desiring  a 
change  of  occupation,  he  purchased  a  ranch  near  that  place,  in  Burnett  town- 
ship, where  he  resided  for  about  ten  years,  and  again  resumed  his  old  occu- 
pation of  inn-keeping  at  the  Fifteen-mile  House;  here  he  remained  until 
1875,  when  he  removed  to  San  Josd,  and  opened  a  store,  at  the  corner  of 
First  and  San  Antonio  streets.  Afterwards  selling  this  business  he  pur- 
chased a  half  interest  in  the  Wallace  Livery  Stable,  where  he  continued  for 
three  years,  at  the  end  of  which  time  he  once  more  sold  out,  and  made  a 
long-contemplated  visit  to  the  States,  remaining  there  a  few  months.  But 
his  heart  was  still  in  the  "  Golden  State,"  and  we  find  him  here  among  us 
once  more,  resuming  his  old  occupation  of  livery -stable  keeping,  on  First 
street,  having  bought  out  Mr.  Downs;  after  continuing  at  this  stand  for 
three  years  he  moved  his  business  to  255  Santa  Clara  street,  and  there 
remained  until  succeeded  by  his  son  Tom  C,  in  1881.  After  disposing  of 
his  livery  business  he  became  proprietor  of  the  Russ  House,  corner  First 
and  San  Antonio  streets.  Mr.  Barry,  in  1856,  married  Margaret  Martin,  a 
native  of  Ireland,  from  which  union  there  are  living  four  children  :  Tom  C, 
James,  John,  and  Mary,  now  wife  of  Harry  Ziggs. 

Tom  C.  Barry.     The  subject  of  this  sketch  is  a  native  and  life-long 


BIOGRAPHIES — ADDENDA.  75o 

resident  of  San  Jos^,  and  is  not  only  well-known,  but  much  liked  wherever 
his  genial  face  is  familiar.  Born  January  0,  1S57;  in  his  seventeenth  year 
he  entered  for  a  classical  course  at  St.  Mary's  College,  San  Francisco.  So  well 
was  he  prepared  that  in  two  years  he  graduated  with  the  degree  of  B.  S.  In 
187G  he  returned  to  San  Jose',  choosing  law  as  his  future  profession.  For 
this  purpose  he  entered  the  law  office  of  D.  M.  Dolmas,  Esq.,  and  continued 
with  him  for  fifteen  months,  when  ill-health  compelled  him  to  relinquish  his 
studies.  Soon  after  he  was  appointed  Chief  Deputy  Clerk  in  the  County 
Assessor's  Office,  under  Henry  Phelps,  and  remained  there  during  that  gen- 
tleman's incumbency  in  office;  after  which  he  accepted  a  position  in  the 
County  Treasurer's  office.  Desiring  to  adopt  a  more  active  career,  he, 
in  February,  1881,  purchased  the  City  Livery  Stables  from  his  father,  and 
soon,  owing  to  increasing  business,  removed  the  establishment  to  No.  250  Santa 
Clara  street,  and  there  can  now  be  found  giving  his  active  personal  attention 
to  his  business.  Mr.  Barry,  though  but  a  young  man,  is  favorably  known 
for  his  many  kindly  and  able  qualities,  of  which  his  aspiration  to  the 
histrionic  art  is  not  the  least.  We  may  add  that  Mr.  Barry  married  Laura 
Rogers,  a  native  of  Mauch  Chunk,  Pennsylvania,  and  by  this  union  have 
born  to  them  two  children,  Laura  M.,  and  John  T. 

Isaac  Branham.  This  old  and  much-respected  pioneer,  whose  portrait 
appears  in  this  work,  is  the  oldest  son  of  James  and  Elizabeth  Branham, 
born  in  Scott  county,  Kentucky,  August  31,  1803,  where  he  received  the 
principal  part  of  his  schooling.  In  1824  he  left  Kentucky,  and  took  up  his 
abode  in  Callaway  county,  Missouri,  making  the  trip  on  foot,  with  a  United 
States  knapsack  on  his  back,  which  was  given  to  him  by  a  friend  who  was  in 
the  war  of  1812.  The  father  of  the  subject  of  our  memoir  was  born  in 
Virginia,  and  served  in  the  w^ar  of  1812,  under  Colonel  R.  M.  Johnson,  and 
was  in  the  battle  on  the  Thames.  In  the  Spring  of  1846  Mr.  Branham 
crossed  the  plains  with  ox-teams,  with  his  wife,  to  California,  and  arrived  at 
San  Jose  in  that  year.  He  married,  February  23,  1832,  Amanda  A.  Bailey, 
a  native  of  Kentucky,  born  November  27,  1813.  They  have  lived  together 
many  years,  as  will  be  seen  by  the  date  above,  and  although  they  bear  the 
marks  of  the  frosts  of  many  Winters,  they  are  hale  and  hearty,  and  are 
honored  and  respected  by  all  Avho  know  them.  James,  born  April  2,  1835; 
Francis  E.,  born  August  5,  1838  ;  Margaret,  born  July  21,  1841;  Benjamin 
F.,  born  July  25,  1845  ;  Charles,  born  October  24,  1854;  Mary,  born  Janu- 
ary 7,  18G0,  are  the  names  and  births  of  his  children. 

Jacob  Newton  Brown,  A.  M.,  M.  D.  Born  in  Cincinnati,  Ohio, 
April  25,  1837.  Owing  to  the  death  of  his  parents,  in  early  youth  he  was 
placed  under  the  guardianship  of  his  grandparents,  who  resided  in  Highland 


756  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

county,  Ohio,  and  here  the  Doctor  was  reared  until  he  arrived  at  an  age 
when  his  labor  could  command  five  dollars  a  month,  and  out  of  which  he 
saved  enough  to  pay  for  his  board  while  he  attended  the  South  Salem 
Academy,  located  about  eighteen  miles  south-west  from  Chillicothe,  Ross 
county,  Ohio.  Here  he  laid  the  foundation  of  those  scholastic  acquirements 
for  which  the  Doctor  is  noted.  He  subsequently  graduated  A.  B.  and  A. 
M.  from  the  Miami  University,  1857.  Doctoi-  Brown  at  this  period  pro- 
ceeded to  Burlington,  Kentucky,  to  accept  the  principalship  of  a  female  sem- 
inary, where  he  remained  twelve  months.  In  1859  he  entered  the  Medical 
College  of  Cincinnati,  Ohio,  then  under  Professor  Thomas  Wood,  from  which 
our  subject  I'eceived  his  diploma  in  March,  18G0.  In  October  of  the  same 
year  he  came  to  California,  via  the  Isthmus  of  Panama,  and,  settling  in  San 
Jose,  entered  upon  the  practice  of  his  profession.  In  the  3^ear  1864  he  was 
called  to  tlie  Chair  of  Ana^tomy  in  the  Toland  Medical  College — now  a  por- 
tion of  the  State  University — a  position  he  held  two  years.  On  his  i-eturn 
to  San  Jose  he  again  practiced  medicine,  which  he  still  continues.  Office, 
Room  No.  9,  Globe  Block,  Santa  Clara  street,  San  Jose.  For  the  past  eight 
years  Dr.  Brown  has  been  Sui-geon  to  the  Southern  Pacific  Railroad  Com- 
pany. The  Doctor,  close  student  that  he  is,  is  a  whole-souled,  genial  gentle- 
man, whose  reputation  as  a  physician  is  beyouil  cavil,  while  his  integrity  as 
a  man  is  unquestioned,  added  to  which  he  wields  a  facile  pen  as  a  writer  of 
more  than  ordinary  ability.  He  married  Anna  Hutchinson,  a  native  of 
Cincinnati,  Ohio,  and  has  one  daughter:   Maud. 

John  S.  Carter.  Born  in  Swanzy,  Cheshire  county,  New  Hampshire, 
February  25,  1828,  moveil  to  Peterboro,  New  Hampshire,  when  two  years 
old,  where  he  was  educated,  after  which  he  moved  to  Lowell,  Massachusetts, 
and  leariid  the  carpenter's  trade,  working  at  it  until  January,  1852,  on  the 
tenth  day  of  which  month  he  took  passage  in  the  .steamer  OJdo,  for  Panama, 
steamer  Oregon  from  Panama  up  to  San  Francisco,  and  landed  in  that 
city  February  lOth  of  the  same  year.  His  first  employment  was  the  unre- 
munerative  one  of  cutting  cord-word,  at  Sherman  Island,  without  pay.  He 
there  returned  to  San  Francisco,  and  commenced  working  fur  Governor 
Bagley,  at  his  trade,  where  now  stands  the  bonded  warehouse,  on  Battery 
street.  At  the  end  of  a  month  he  was  employed  by  Mr.  Ham,  took  passage 
in  the  schooner  Andreiv  Roij,  and  landed  at  Alviso,  July  1,  1852,  and 
erected  a  warehouse  there  for  that  gentleman,  he  being  placed  in  charge 
thereof,  on  completion,  by  Ham  &  Flourney,  the  owners.  In  this  ca])acity 
Mr.  Carter  remained  until  1854,  when  being  called  to  San  Francisco  by  his 
employers,  he  was  placeil  in  charge  of  more  extensive  afiairs.  He  was  next 
sent,  by  Ham  to  Milwaukee,  Oregon  (Ham  &  Flourney  dissolved  at  the 
time  he  went  to  Oregon),  to  superintend  his  grain  and  lumber  interests,  for 


BIOGRAPHIES — ADDENDA.  757 

about  ten  months.  On  the  failing  in  bnsines.s  of  Ham,  Mr.  Carter  was 
engaged  by  Bray  Brothers,  then  located  at  the  corner  of  Front  and  Washing- 
ton streets,  for  two  years,  then  after  a  lapse  of  twelve  months  returned  to 
them  for  a  like  period.  In  March,  18G2,  he  returned  to  Alviso,  and  was  agent 
fori.  Friedlamler,  who.se  business  he  managed  until  18G3,  when  railroad  com- 
munication was  opened  between  San  Josd  and  San  Francisco,  at  which  time 
he  moved  to  the  former  city,  and  continued  his  connection  with  the  Grain 
King  until  his  death  in  April,  1870.  Mr.  Carter,  with  J.  J.  Ortley  and 
William  McCal),  has  built  two  warehouses  in  Alviso,  while  on  his  own 
account  he  has  erected  two  more  in  Hollister,  San  Benito  county,  whicli  he 
still  conducts.  Besides  these,  he  constructed  in  company  with  T.  F.  Douglass 
and  Captain  John  Martin,  the  schooner,  Mag<jie  Douglass,  and  with  John 
Martin  and  Alfred  Mills,  the  Nellie  Carter.  He  is  manager  of  the  San  Jos^ 
branch  of  the  Home  Mutual  Insurance  Company,  and  has  his  office  in  the  San 
Jose  Savings  Bank  Building,  Santa  Clara  street,  his  I'esidence  being  No. 
1G2  First  street,  San  Jose.  Mr.  Carter  married,  June  7,  1859,  Phoebe  E, 
Butler,  and  has  four  daughters:  Nellie,  born  September  6,  1862;  Lizzie, 
born  December  4,  18G5;  Florence,  born  August  7,  18G7;  Rose,  born  Febru- 
ary 1,  1872. 

Dr.  J.  P.  Dudley.  Whose  portrait  will  be  found  in  this  work,  is  the 
second  child  of  Moses  and  Mary  Dudley,  and  was  born  in  Steuben  county. 
New  York,  August  1,  1822.  At  the  age  of  sixteen  years  he  entered  the 
Geneva  College,  and,  subsequently,  after  graduating  at  the  Buffalo  Univers- 
ity of  Medicine,  commenced  practicing  his  profession  in  184'6,  and  so  con- 
tinued until  1849,  when  he  started  for  California,  with  mule-teams,  via  the 
plains.  Arriving  at  Tehama  in  tlie  Fall  of  the  ye&x,  he  proceeded  to  Sacra- 
mento, resided  there  until  June,  1850,  when  he  essayed  his  luck  at  the  mines 
on  the  middle  fork  of  the  Yuba  I'iver.  In  November  he  abandoned  tlie  dig- 
gings, and  coming  to  Santa  Clara  county,  located  on  a  portion  of  the  Nagke 
Tract,  but  removed  from  there,  to  the  place  where  he  now  dwells,  at  the  end 
of  a  twelvemonth.  The  Doctor  is  now  a  resident  of  San  Jose  township,  on 
a  fine  farm  of  two  hundred  acres.  He  married  Miss  E.  Staniford  in  1874, 
and  has  two  children,  Louisa,  and  Flora. 

Nathan  B.  Edwards.  This  old  settler  was  born  in  Ireland,  April  1, 
1830,  and  in  1841  emigrated  to  the  United  States,  first  settling  in  New 
York  City,  where  he  was  educated  and  under  his  father  learned  the  butcher's 
trade.  Ten  years  later  he  came  to  California  via  the  Isthmus  of  Panama, 
and  arriving  in  San  Francisco,  February  10,  1851,  shortly  after  proceeded  to 
Nevada  county,  engaged  in  mining  for  six  months  then  established  himself 
in  Sacramento  for  a  year.     Thence  he  moved  to  San  Francisco  and  after- 


758  HISTORY   OF  SANTA   CLARA   COUNTY,    CALIFORNIA. 

wards  to  San  Josd,  locating  there  in  December,  1853.  He  first  engaged  with 
William  Wood  in  the  butcher  business,  and  in  1854,  buying  out  that  gentle- 
man, he  conducted  the  Shamrock  Hotel,  then  situated  not  far  from  Mr. 
Edwards,  place  of  business.  No.  316  Market  street,  San  Jose'.  Our  subject 
has  now  been  conducting  his  present  trade  for  a  quarter  of  a  century,  and 
for  four-and-twenty  years  on  the  ground  he  now  occupies.  Mr.  Edwards 
has  lent  his  influence  to  everything  that  would  tend  to  build  up  San  Jos^; 
especially  has  he  been  interested  in  the  improvement  of  the  live-stock  of  the 
county,  which  his  position  as  one  of  the  Directors  of  the  Agricultural  Soci- 
ety has  materially  aided  to  effect.  He  married,  October  28, 1855,  in  San 
Jose,  Mary  Kirwan,  and  has:  James  W.,  Martin  F..  Robert  E.,  Mary  Eliza- 
beth, Mary  Emma,  Joseph  Andrew,  and  Mary  Cecelia. 

W.  R.  Empey.  Born  in  Canada,  September  27,  1840,  where  he  was 
educated,  and  reared  on  a  farm,  afterwards  learning  the  harness-maker's 
trade  in  Orningville,  Wellington  county,  Ontario.  In  18G3  he  commenced 
business  on  his  own  account,  and  continued  until  he  started  for  California, 
where  he  arrived  June  1,  1867.  Settling  in  San  Francisco  he  was  employed 
by  Main  &  Winchestei^,  and  remained  with  them  for  about  a  year.  In  18G8 
he  came  to  Santa  Clara  county,  and  established  himself  in  San  Jose,  in 
company  with  S.  Menzemer;  manufactured  horse-collars  for  the  trade 
until  1870,  when  our  subject  retired  from  the  firm,  and  after  a  month, 
in  partnership  with  W.  H.  Lennard  opened  a  harness  shop  on  Santa  Clara 
street,  which  they  afterwards  moved  to  the  corner  of  Lightston  and  C 
streets,  but  two  years  later  transferred  to  the  Music  Hall  Building,  No.  289, 
First  street,  San  Josd  Married,  February  27,  1862,  Janet  Hume,  a  native 
of  Canada,  and  has-  Hattie,  born  December  21,  1804;  Maud,  born  August 
17,  1866;  Willie,  born  June  21,  1871. 

Hon.  William  Erkson.  Born  in  Delaware  county.  New  York,  June 
25,  1829,  where  he  was  educated.  At  a  tender  age  he  was  left  an  orphan, 
and  the  shaping  of  his  own  career  left  to  himself,  but  he  was  prepared  to 
meet  the  "  whips  and  scorns  of  time"  single-handed.  His  first  employment 
was  teaching  school  at  the  age  of  sixteen,  and  afterwards  was,  for  three 
years,  in  a  mercantile  establishment  in  Schenectady,  New  York;  he  after- 
wards moved  to  Paris,  Edgar  county,  Illinois,  where  he  taught  school  for  two 
years ;  thence  he  crossed  the  plains  to  the  Pacific  coast,  leaving  St.  Joseph, 
Missouri,  May  22,  1852,  and  arriving  at  Sacramento,  September  13th;  to  the 
mines  he  went  for  a  short  time;  and  in  the  Winter  of  that  year  came  to 
Alviso  township,  Santa  Clara  county,  where  he  settled  on  a  farm,  with  his 
uncle,  A.  C.  Erkson,  near  the  Lick  Mill,  now  owned  by  Mrs.  Fen  ton.  Here  he 
remained  until  he  purchased  two  hundred  acres  of  the  Alviso  Ranch,  in  1857, 


BIOGRAPHIES — ADDENDA.  759 

wheiu  he  made  the  first  improvements  attempted  on  it,  and  which  he  occu- 
pied until  his  removal  to  the  city  of  San  Jose,  in  July,  1874,  whither 
he  came  to  take  charge  of  the  store  of  the  Farmers'  Union,  of  which 
corporation  he  had  been  elected  President.  This  position  Mr.  Erkson  held 
for  four  yeais,  when  he  resigned,  and,  in  the  month  of  August,  1878,  entered 
into  partnership  with  F.  J.  Brandon  and  E.  C.  Smith,  in  the  grocery  and 
provision  trade,  their  place  of  business  being  then,  as  it  is  now,  Nos.  352-4 
Pfister's  Block,  Santa  Clara  street.  Married,  June  4,  1859,  Laura  A.  Derby, 
a  native  of  Massachusetss,  and  has:  William  Lewis,  and  Charles  Willard- 
In  the  Winter  of  1854,  Mr.  Erkson  served  in  the  Assembly,  Fifteenth  session, 
and  has  ever  been  a  staunch  Republican,  and  taken  an  active  part  in  the  Party, 
having  been  on  several  occasions  Chairman  of  the  County  Committee,  and 
a  member  of  the  State  Central  Committee. 

Hiram  Fairfield.  Was  born  in  Fort  Ann,  Washington  county.  New 
York,  April  5,  1836,  but  when  an  infant,  he  was  taken  by  his  parents  to 
Wyoming  county  to  reside,  and  was  there  educated.  He  arrived  in  San 
Francisco  ex  John  L.  Stephens,  November  30,  1854,  and  after  a  year's  resi- 
dence there,  went  to  the  mines,  but  came  back  at  the  end  of  a  twelvemonth, 
and  permanently  abode  there  until  the  Frazer  river  excitement,  in  1858.  To 
British  Columbia,  therefore,  he  proceeded,  but,  among  the  many  disappointed, 
returned  in  1860,  and,  in  the  Fall  of  that  year,  settled  in  Alviso  township, 
where  he  resided  until  elected  Auditor — a  position  he  held  for  two  years. 
Mr.  Fairfield  next  moved  to  a  farm  in  San  Josd  township,  where  he  was 
elected  County  Assessor,  and  once  more  took  up  his  residence  in  San  Jose. 
He  is  the  present  Assessor  of  Santa  Clara  county.  Married,  in  San  Fran- 
cisco, Elizabeth  McQuillan,  a  native  of  Massachusetts,  and  has  two  children: 
Alice,  and  Mary. 

Levi  Goodrich.  Born  in  New  York  City,  January  1,  1822.  The  sub- 
ject of  this  narrative  is  in  his  sixtieth  year.  In  his  youthful  days  he 
acquired  the  trade  of  carpenter  and  builder  in  Massachusetts,  but  after  went 
to  New  York  and  entered  upon  the  study  of  architecture,  in  the  office  of  R. 
G.  Hatfield;  he  following  this  profession — which  was  also  that  of  his  father — 
in  that  city  until  he  left  for  California.  On  March  8,  1849,  Mr.  Goodrich 
sailed  from  New  York  in  the  ship  Loochoo,  via  Cape  Horn,  and  cast  anchor 
in  the  Bay  of  San  Francisco,  September  16th  of  the  same  year.  No  sooner 
had  he  arrived  than  his  acquii-ements  were  called  into  requisition  ;  indeed, 
he  had  not  left  the  vessel  when  he  drew  the  plans  and  specifications  for  a 
three-story  wooden  building,  that  was  put  up  at  what  is  now  the  corner  of 
Kearny  and  Washington  streets,  where  the  old  Hall  of  Records  stands,  tents 
being  torn  down  to  make  way  for  it.     November  30,  1849,  he  came  to  San 


760  HISTORY    OF   SANTA    CLARA    COUNTY,    CALIFORNIA. 

Jose,  Santa  Clara  county,  in  a  small  sailing  craft,  to  Alviso,  a  voyage  occu- 
pying three  days  and  two  nights  ;  thence  on  foot  to  San  Jos^.  He  was  soon 
at  work,  however,  and  early  in  1850  erected  the  adobe  building  which  stood 
on  the  ground  now  occupied  by  the  store  of  O'Banion  &  Kent,  opposite  the 
Auzerais  House,  the  clay  for  the  adobe  being  taken  from  the  lot  on  which 
stands  the  hotel,  while,  ever  since,  he  has  been  in  business  there.  Among 
his  principal  architectural  achievements  in  San  Jose  have  been  the  Court 
House  and  jail,  the  Presbyterian  church,  three  public  school-houses,  the 
Bank  of  San  Jose',  the  State  Normal  School,  and  the  Knox  and  Martin's 
Blocks.  Mr.  Goodrich  is  also  the  architect  of  the  Coui't  Houses  and  jails  of 
Monterey  and  San  Diego  counties.  He  has  twice  visited  Europe  for  the 
purpose  of  pleasure,  while,  in  his  labors,  he  is  seconded  by  his  only  son,  £.  B. 
Goodrich,  his  principal  assistant.  Mr.  Goodrich's  office  is  room  20,  Knox 
Block. 

G.  W.  HeHyer.  Born  in  Green  county,  Ohio,  April  21,  1862,  where  he 
was  educated  and  trained  to  agricultural  pursuits.  After  having  resided  in 
different  parts  of  Missouri  he  came  to  California,  and  arrived  at  Placerville> 
August  27,  1850.  He  was  employed  in  different  ways  at  the  mines  until 
June  1853,  when  he  settled  in  Santa  Clara  county  on  the  place  now  owned 
by  A.  Senter.  In  1856  he  came  to  the  place  where  he  now  resides.  Married, 
May  22,  1858,  and  has  a  family:  Mary  J.,  Manuel  R.,  George  T.,  Nancy  J., 
Catharine,  and  James  D. 

Honorable  Sherman  Otis  Houghton.  The  subject  of  this  narrative^ 
was  born  in  the  city  of  New  York,  April  10,  1828,  where  he  was  educated 
and  grounded  in  that  learning  which,  in  after  life,  has  stood  him  in  such 
good  stead.  When  but  eighteen  years  of  age,  and  while  yet  at  school,  he 
enlisted  in  Company  A,  First  New  York  Volunteer  Infantry,  the  first  regi- 
ment raised  in  the  State  of  New  York  for  service  in  the  Mexican  war,  and 
with  it  rounded  Cape  Horn,  arriving  in  San  Francisco  March  26,  1847.  A 
part  of  the  regiment  of  which  his  company  was  one  here  received  orders  to 
proceed  to  Santa  Barbara,  where  they  remained  only  a  short  time,  then  ])ro- 
ceeded  to  the  seat  of  vv'ar,  under  Lieutenant-Colonel  Henry  S.  Burton,  the 
force  numbering  one  hundred  and  five  men,  all  told.  On  anivai  in  Mexico 
their  first  station  was  on  a  pleasant  plateau,  overlooking  the  town  of  La 
Plaz,  where  they  occupied  a  church  and  four  adobe  buildings.  To  oust  them 
from  this  position  of  vantage  was  the  imperative  duty  of  the  opposing  sol- 
diery, therefore,  to  effect  this,  they  were  surrounded  not  long  after  by  a  force 
of  twelve  hundred  Mexicans,  who  made  the  demonstration  from  a  camp  dis- 
tant about  two  miles.  Thereupon,  our  little  band  threw  up  earth-works, 
fortified  themselves  as  best  they  could,  and  for  some  weeks  carried  on  a  series 


BIOGRAPHIES — ADDENDA.  701 

of  sorties,  made,  for  the  most  part,  under  cover  of  night,  while  they  success- 
fully repelled  counter  attacks,  forced  the  enemy  to  remove  his  camp  about  six 
miles  distant,  and  triumphantly  held  their  own  until  relief  anived  in  the 
shape  of  sailors  and  marines  from  the  United  States  ship  Cijane,  under  com- 
mand of  Commodore  Dupont.  The  little  army  was  not  long  after  further 
augmented  by  the  arrival  of  Company  D  of  the  regiment,  and  other  troops 
from  the  States,  under  Captain  H.  M.  Naglee  (now  of  San  Jose'),  to  the 
number  of  one  hundred  and  fifty.  Now  they  were  in  a  position  to  assume 
the  offensive,  they  consequently  marched  against  the  foe,  captured  their  com- 
mander, with  several  of  his  officers,  and  drove  them  from  their  position.  Let 
us  here  revert  to  Mr.  Houghton,  more  especially.  We  have  remarked  tliat 
he  entered  the  service  in  its  lowest  rank;  from  that  he  rose,  step  by  stej),  to 
the  position  of  Sergeant-Major  until,  on  a  certain  occasion,  he  w^as  called 
upon  by  the  Colonel  commanding  to  assume  the  charge  of  a  dress  parade, 
and  directed  to  read  "  Orders,  One  and  Two."  The  first  promoted  him  to  be 
Lieutenant;  the  second  appointed  him  Adjutant  of  the  command.  Ponder 
well  oh  reader,  on  the  delicacy  which  prompted  the  surprise,  and  the  wonder 
of  the  recipient  of  such  great  favor!  These  positions  he  held  until  mustered 
out  of  the  service.  In  September,  1848,  he  sailed  from  Mexico  for  Cali- 
fornia in  the  United  States  .ship-of-the-line  Ohio,  commanded  by  Commodore 
Thomas  Ap  Catesby  Jones,  and  arrived  at  Monterey  in  the  following  month. 
Here  Mr.  Houghton,  with  six  of  his  brother  officers,  formed  themselves  into 
a  company,  purchased  provisions  from  the  Quartermaster's  store,  bought 
several  yoke  of  oxen,  with  two  wooden-wheeled  carts,  of  Mexican  build, 
already  described,  and  started  for  the  mines,  first  locating  at  Jamestown, 
Tuolumne  county,  then  known  as  Wood's  creek,  where  they  erected  a  log 
cabin,  about  a  mile  from  the  present  town  site,  and  commenced  digging  on 
the  ground  where  the  county  seat,  Sonora,  now  stands.  Fortuna  favet  forti- 
hus — the  military  were  successful.  The  bonds  cemented  by  association  tor 
gold  hunting  were  not  of  a  very  durable  chai-acter  at  this  time;  early  in 
the  career  of  the  company  now  under  consideration  there  was  disaffec- 
tion, and  two  of  the  members  seceded ;  in  the  following  Spring,  the  remain- 
ing four  parted  issues,  while  the  wsubject  of  our  sketch  came  to  the  San  Jose 
valley,  the  date  being  March,  1840,  purchased  oxen  and  wagons,  proceeded  to 
Stockton,  and  established  a  trading-post  at  Sullivan's  Creek,  combining 
therewith  a  "  pack-train  "  between  that  point  and  the  camps  of  Jamestown 
and  Sonora.  He  continued  in  this  pursuit  until  October,  1849,  when,  invest- 
ing his  entire  means  in  a  stock  of  goods,  he  departed  for  the  mountains  to 
select  a  spot  whereon  to  carry  on  his  business  operations  during  the  Winter 
months.  This  satisfactorily  arranged,  he  returned  to  Stockton  to  superin- 
tend the  transfer  of  his  stock  in  trade,  but  that  very  day  the  rains  descended, 
the  trails  were  rendered  unfit  for  traffic,  it  was  impossible  to  transp  <vt  his 


762  HISTORY    OF    SANTA    CLARA   COUNTY,    CALIFORNIA. 

merchandise,    he   was   therefore   forced    to    sacrifice  his   entire  invoice;  he 
was  almost  down  to  bed-rock,  and  twenty-five  hundred  dollars  was  his  all. 
With  this  comparatively  insignificant  capital   Mr.    Houghton    returned  to 
San  Jose,  where  he  arrived    November  28,   1849.     Here  he  found  an  old 
acquaintance,   Mr.   Peasley,   who  had  but  then  arrived  from  the  southern 
part  of  the  State  with  a  drove  of  cattle  and  sheep,  intended  for  sale  at  the 
mines,  but  such  was  the  desperate   state  of  the  weather  he  could  not  pro- 
ceed ;  besides,   Mr.   Peasley  was    out  of    funds,   he   therefore   induced    Mr. 
Houghton  to  invest  his  small  capital  in  the   enterprise,  and  with  him  move 
to  the  mountains  on  the   cessation  of    the  rains.      This  Winter,  it  will  be 
remembered,  was  that  when  the  first  Legislature  convened  at  San  Jose',  and 
doubtless  it  will  be  borne  in  mind  how  lapid  was  the  growth  of  the  town, 
how  great  the  influx  of  people,  and  how  scarce  and  consequently  high  the 
price  of  provisions.     It  is  ail  ill  wind  that  blows  nobody  good,  says  the  old 
proverb;  in  this  instance  it  worked  to  a  charm  for  the  new  firm  of  Houghton 
&  Peasley.     They  found  a  ready  market  for  their  entire  stock  of  beef  and 
mutton;  they  purchased  more,  and  again  sold,  for  the  Legislature  of  a  thousand 
drinks  had  to  be  fed  as  well  as  toasted,  and  the  })artnership  was  on  the  high 
road  to  success.     Now  it  was  bruited  about  that  the  State  was  without  cash, 
the  medium  of  circulation  was  scrip,  and  our  hero  found  that  his  possessions 
— his  little  capital,  his  oxen  and  his  sheep — had  merged  into  State  Bonds. 
The  natives  very  naturally  refused  to  take  paper  for  cattle,  so  the  business 
was  abandoned.     His  debts  became  due,  and  his  creditors  clamorous.     He 
therefore  was  compelled  to  part  with  his  scrip  at  a  price  much  below  par 
value,  and  once  more  had  fortune  evaded  him,  and  left  him  but  little  in  the 
private    exchequer.     Li    the    Summer    and    Fall   of    1852    Mr.    Houghton 
assisted  in  taking  the  census  of  Santa  Clara  county,  in  accordance  with  a 
provision  of  the  State  law;  in  1853  was  appointed  Deputy  County  Eecorder; 
that  Fall  he  was  nominated  by  the  Democratic  party  for  Sheriff,  but  suf- 
fered  defeat  at  the  hands  of  William  McCutchen — majority,  one  hundred 
and  thirteen  votes;  in  the  Fall  of  1855  was  again  nominated  for  the  office  of 
Sherifi'  but  was  defeated  by  ninety-five  votes,  the  successful  candidate  being 
Philip  T.  McCabe,  the  Know -Nothing  candidate;  in  1854,  he  was  elected  one 
of  the  Common  Council  of  the  city  of  San  Jose  and  chosen  its  President;  in 
1855  was  elected  to  the  Mayoralty,  retaining  the  Civic  chair  during  1855-6, 
was  elected  a  member  of  the  Forty-second  Congress,  in  1871,  by  the  Repub- 
lican party,  defeating  the  Democratic  candidate,  Lawrence  Archer;  re-elected 
in  1872,  by  the  same  party,*  to  the  Forty-third  Congress,  defeating  E.  J.  C. 
Kewen;  and,  in  1875,  was  unsuccessful  for  the  Forty-fourth  Congress,  against 
P.  D.  Wiggington,  the  Democratic  candidate,  John  S.  Thompson  being  can- 
didate on  the  Independent  ticket.     In  the  year  1854  Mr.  Houghton  essayed 
farming  on  the  Milpitas  Ranch,  which  he  discontinued,  however,  in  1856. 


BIOGRAPHIES — ADDENDA.  703 

From  tlie  year  1852  till  185G,  Mr.  Houghton,  had,  during  his  leisure 
moments,  earnestly  read  and  studied  law,  and  during  the  latter  year, 
entered  the  law  office  of  W.  T.  Wallace  and  C.  T.  Ryland.  In  1860  Mr. 
Ryland  withdrew  from  the  connection,  when  Mr.  Houghton  formed  a  part- 
nership with  Judge  Wallace,  which  continued  until  the  latter's  removal  to 
San  Francisco,  in  18G4.  For  the  la.st  four  and  twenty  years,  therefore,  has 
Mr.  Houghton  been  in  practice  in  San  Josd,  during  which  he  has  had  a  vast 
experience  in  all  matters  appertaining  to  the  country,  but  more  especially 
has  he  been  engaged  in  uni-aveling  the  mysteries  of  Spanish  claims,  for 
which  his  thorough  knowledge  of  the  language  makes  him  eminently  fitted. 
Mr.  Houghton  married  Mary  M.  Donner,  August  28,  1859,  who  died  on  the 
21st  of  June  following,  leaving  one  child,  Mary  M.,  who  was  born  June  7^ 
1860,  and  who  still  survives.  Mr.  Houghton  married,  October  10,  1861, 
Eliza  P.  Donner,  the  youngest  and  third  daughter  of  George  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 
survivei'S  of  the  company  whose  melancholy  fate,  as  the  "  Donner  party,' 
has  become  a  page  in  California's  history.  Arriving  at  Sutter's  Fort  in 
April,  1847,  accompanied  by  her  two  sisters,  Francis  and  Georgia,  they  met 
two  elder  half-sisters,  who  had  preceded  them  by  a  few  days.  The  father 
and  mother  of  these  little  ones  died  at  Donner  Lake,  but  the  fate  of  the  lat- 
ter was  not  communicated  to  the  children  until  after  their  arrival  at  the 
fort.  It  can  readily  be  imagined  how  deep  was  their  grief,  and  how  hard 
to  realize  was  their  loss,  only  those  who  have  been  in  a  like  manner  tried, 
can  fully  picture  their  heart-broken  sorrow.  On  their  loss  becoming  known 
to  a  kindly  Swiss  couple  named  Christian  and  Mary  Brunner,  their  sympa- 
thies were  enlisted  in  behalf  of  the  orphans,  one  of  them  being  Eliza,  the 
lady  of  whom  we  write.  Mrs.  Brunner,  worthy  woman,  brought  the  chil- 
dren such  luxuries  as  bread,  butter,  eggs,  and  cheese,  qualifying  her  offering 
with  the  amiable  remark,  "  These  are  for  the  little  girls  who  called  me 
grandma;  but  don't  give  them  too  nmch  at  a  time."  These  luxuries  were 
never  given  to  the  children,  the  good  old  lady  found  out  a  few  days  later, 
she  therefoj'e  determined  to  take  the  more  delicate  of  the  two  to  her  house, 
where  she  trusted  that,  by  kind  treatment  and  zealous  attention,  she  would 
gain  .strength,  when  the  other  would  have  a  like  opjjortunity.  Under  Mrs- 
Brunner's  hospitable  roof  Georgia  .soon  commenced  to  pick  up,  while  Eliza 
waited,  ardently  longing  for  her  tuin  to  come.  On  the  return  of  her  sister, 
the  stories  told  of  Mrs.  Brunner's  kindness,  of  the  many  enchantments  around 
and  in  her  dwelling,  made  the  little  sister  still  more  anxious  for  her  visit. 
The  long-looked-for  day  at  length  came,  and  what  a  week  of  delight  ensued, 
made  all  the  more  enjoyable  by  contrast  with  former  privations.  All 
delights  are  but  transient,  however;  inevitable  fate  brought  this  week  of 


7G4  HISTORY    OF    SANTA   CLARA    COUNTY,   CALIFORNIA. 

rapture  to  an  end.  One  day,  Grandma,  all  dressed  for  a  walk  to  the  fort, 
sought  the  little  girl,  who  was  busy  at  play,  and  said,  "Come,  Eliza,  I  hear 
that  Georgia  is  sick,  and  I  am  going  to  take  you  back,  and  bring  her  in  your 
place."  A  shadow  was  for  a  moment  cast  over  tlie  Uttle  countenance,  then 
brightening  up  with  quick  intelligence,  she  lifted  her  large,  dark  eyes,  and 
anxiously  asked,  "Grandma,  can't  you  keep  both  of  us?"  This  simple  query 
provided  a  home  for  both  of  them,  until  a  guardian  was  appointed  in  the  per- 
son of  Hiram  Miller,  when  the  sisters  were  again  separated,  Francis  going 
with  Mrs.  Reed's  family,  Georgia  with  grandpa,  who  was  about  to  remove 
to  Sonoma,  and  Eliza  (Mrs.  Hougliton)  to  her  eldest  sister,  who  was  now 
married  and  settled  on  the  Cosumnes  river.  Here  she  remained  until  Win- 
ter. At  this  time,  hearing  that  the  Brunners  and  Georgia  were  anxious  for 
her  I'eturn  to  them,  tlie  sister  consented,  and  placed  her  in  charge  of  two 
families  who  were  transferring  their  dwelling  to  Sonoma.  This  journey  was 
not  without  its  wonders,  but  the  incident  which  most  impressed  the  child- 
mind  occurred  on  the  banks  of  the  Sonoma  river.  She  had  been  told  that 
there  she  would  be  met  by  Jacob  Brunner,  who  would  take  her  home  to 
grandma's,  but  judge  of  the  heart-rending  disappointment  when  it  was 
found  that  the  stream  had  become  a  i-aging  torrent  and  was  unfordable. 
As  for  Jacob,  for  days  he  seeks  the  swollen  stream  and  shouts  words  of  lov- 
ing encouragement  to  the  little  bairn  on  the  opposite  bank.  Daily  do  these 
cheering  sounds  come,  but  there  arrives  not  the  opportunity  to  get  nearer. 
At  last  the  fruition  of  her  youthful  desire  is  to  be  realized.  An  Indian,  for 
a  silver  dollar  agrees  to  cari'y  her  across  to  Jacob,  who  remains  in  anxious 
expectation.  The  pony  is  led  to  the  bank,  and  walked  into  the  torrent,  the 
Indian  on  its  back,  and  the  little  five-year-old  Eliza  clutching  nervously  his 
stalwart  frame.  He  presses  her  feeble  arms  to  his  side  to  make  her  more 
secure,  gives  caution  and  warning  against  letting  go,  the  water  creeps  higher 
and  higher  until  it  reaches  her  waist,  the  pony  is  lilted  oft'  his  feet,  and  bv  the 
vigorous  hand  of  the  aboriginal  guided  to  the  .shore.  She  finds  hei'self  in  the 
presence  of  the  kind  Jacob,  who  pays  the  Indian  his  well-earned  fee,  then,  clasp- 
ing the  infant  to  his  arms,  he  mounts  his  horse,  and,  joy  above  joy,  at  last 
places  her  under  the  hospitable  roof  of  gi'andma,  and  upon  the  beating  heart  of 
her  sister.  At  the  end  of  seven  years  the  children  left  Mr.  and  Mrs.  Brunner's, 
and  went  to  live  with  their  eldest  sister,  Elitha,  who  had  come  to  reside  in 
Sacramento.  Here  Eliza  went  to  school,  attending  in  turn  the  places  of 
learning  in  that  city,  and  one  j^ear  at  St.  Catherine's  Academy,  at  Benicia. 
Mr.  and  Mrs.  Houghton's  children  are:  Eliza  P.,  born  August  23,  1803; 
Sherman  O.,  born  May  16,  1805;  Clara  H.,  born  April  1,  1867;  Charles  D., 
born  November  5,  1868;  Francis  J.,  born  March  1,  1870;  Stanley  W.,  born 
January  15,  1872;  Herbert  S.,  born  July  26,  1876,  died  March  18,  1878. 


BIOGRAPHIES — ADDENDA.  765 

Williim  J.  Knox,  M.  D  (Deceased).  The  suVtject  of  this  sketch,  whose 
portrait  will  be  found  in  these  juigcs,  was  born  near  Hopkinsville,  Christian 
countv,  Kentucky,  October  20,  1820,  niovin:^  with  his  |)arcats  at  an  early 
a<,'e  to  Lincohi  county,  Missouri.  Hei-e  he  n-ceiveii  his  piiniary  education  in 
the  neighbiii-liood  schools,  and  when  about  twenty  years  old  attendeil  the 
academy  in  Troy  and  subsequently  commenced  and  completed  the  study 
of  medicine  with  Dr.  Henry  Brandt,  a  distin<;uished  German  physician  of 
Wan-en  county,  Missouri,  after  whicli  hi;  attended  the  Medical  C(jllege  at 
Loiusville,  Kentucky,  duiiiii^  the  Winter  of  1845-G.  He  now  ivtuiiied  to 
liis  home  in  Mis.souri, and  on  Apiil  1,  184G,  espoused  Sarah  Louisa Bro\vninf,^ 
Settling  at  New  Hope,  Lincoln  county,  Missouri,  Dr.  Knox  entered  upon  tlie 
practice  of  his  profession,  but  in  the  following  Fall,  he  returned  to  his  C(j1- 
Jege.  and  received  his  diploma  in  the  Spi-ing  of  18-t7.  Going  back  to  New 
Hope  he  practiced  there  for  two  years  wdien  he  moved  to  Troy,  in  the  same 
county,  and  entered  into  partnership  with  Dr.  Hiram  K.  Jones.  On  April 
12,  18o0,  Dr.  Knox  and  his  wife  bade  adieu  to  Ti-oy  with  its  many  associa- 
tions and  with  a  party  of  about  twenty,  Mrs.  Knox  and  her  sister 
beino-  the  only  ladies,  commenced  the  w^eary  journey  with  teams  acro.ss 
the  almost  endless  plains  to  California.  An-iving  in  Nevada  City  on 
the  8th  October  of  that  year,  they  made  it  their  home,  the  doctor  practicing 
there  until  the  Winter  of  1854,  when  he  was  elected  to  the  Lower  House  of 
the  State  Legislature.  In  the  Spring  of  1855,  along  wdth  his  w^ife  and  <jnly 
daughter,  our  subject  paid  a  visit  to  the  Eastern  States,  but  returned  in  the 
foUow'ing  December,  at  which  time  he  entered  into  pxrtnership  with  Dr. 
Overton,  an  association  which  lasted  only  a  .short  time.  Dr.  Knox  became, 
previous  to  this,  one  of  the  projectors  and  proprietors  of  the  South  Yuba 
Canal  Company,  one  of  the  most  magnificent  enterprises  that  was  ever 
consummated  in  California.  Oncemoi'e,  in  July,  18G0,  he  and  family  visited 
their  friends  at  the  East,  coming  back  in  Octob^^r,  18G1.  In  December, 
1862,  he  left  Nevada  City,  and  after  a  short  stay  in  San  Francisco,  in  the 
Spring  of  1SG3  took  up  his  residence  in  Oakland,  but  moved  from  there  in 
November  and  made  his  habitation  in  San  Jose,  where,  in  company  with  his 
brother-in-law,  T.  Ellard  Beans,  he  established  the  first  bank  in  that  cit}'. 
In  the  Fall  of  18G5  he  was  elected  to  the  State  Senate,  and,  February  1, 
18GG,  introduced  a  bill  having  for  its  object  the  taxation  of  all  property  not 
ow^ned  by  the  State  or  county,  a  scheme  which  was  met  with  the  most  strenu- 
ous opposition  from  such  bodies  as  churches,  etc.,  but  which  was  subsequently 
a^lopted,  almost  verbatim  as  drafted  by  him,  but  too  late  for  the  worthy 
Senator,  Dr.  Knox,  to  see  the  fruits  of  his  labor.  On  the  22d  February  of 
the  .same  year  he  introduced  Senate  Bill  No.  252.,  which  was  passed,  and 
reads:  "Any  married  woman  may  dispose  of  all  her  estate  by  will,  abso- 
lutely, without  the  consent  of  her  husband,  either  express  or  implied,  and 


766  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

may  alter  or  revoke  the  same  in  like  manner  as  a  person  under  no  disability 
may  do ;  her  said  will  to  be  attested,  witnessed,  and  proven,  in  like  manner 
as  all  other  wills,"  for  which  the  women  of  California  should  ever  hold  him 
in  grateful  remembrance.  He  had  served  but  one  Winter  in  the  Senate,  his 
legislative  duties  but  half  completed,  when  he  died  at  the  Lick  House  in 
San  Francisco,  November  13,  18G7.  To  this  pioneer  and  prominent  citizen 
no  higher  tribute  can  be  paid  by  us  than  by  using  the  words  of  the  then 
Senator  from  Nevada,  Judge  David  Beldeo,  on  the  assembling  of  the  Senate 
in  the  Winter  of  1867.  The  present  Superior  Judge  of  Santa  Clara  county 
then  said :  "  The  Honorable  Senator  was  a  native  of  Kentucky,  but  was  for 
many  years  a  resident  of  Missouri;  he  came  to  the  State  of  California  in 
18.50,  and  settled  in  the  city  and  county  of  Nevada,  engaging  success- 
fully in  the  practice  of  his  profession  as  a  physician.  He  remained 
there,  and  successful  not'  only  in  that,  took  also  a  prominent  part  in 
the  other  enterprises  of  the  day  and  of  the  vicinity,  early  assuming 
a  very  high  position  and  very  excellent  reputation  with  the  people 
and  citizens  of  that  county.  His  name  is  identified  there  to-day  with 
many  of  the  most  important  industrial  enterprises  of  the  section,  and  some 
engineering  works  which  his  capital  assisted  to  complete,  with  which  his 
enterprise  was  directly  connected,  stands  there  amongst  the  foremost  of  their 
kind  in  this  enterprising  State.  In  1862  he  removed  from  the  county  of 
Nevada,  and,  in  1863,  to  the  county  of  Santa  Clara,  and  immediately 
assumed  there  the  same  high  positions  which  the  universal  verdict  of  the 
people  of  Nevada  county  had  assigned  him  in  the  mountains.  I  may  say  in 
this  connection  that  he  connected  himself  in  the  same  extensive  manner  with 
the  public  enterprises  of  his  new  home,  taking  rank  as  one  of  its  most  ener- 
getic and  useful  citizens.  In  1865  he  was  elected  to  this  body  as  a  Senator 
from  that  district,  and  I  may  say  here  that,  taking  his  seat  in  this  body  with 
impaired  health,  the  disease,  that  ultimately  proved  fatal,  preying  upon  his 
vitals,  his  position  here  was  in  the  highest  degree  honorable  to  himself  and  to 
his  immediate  constituents.  Unpractised  in  public  discussion  he  rarely  occu- 
pied the  attention  of  this  house  by  a  formal  speech,  but  what  he  did  say,  and 
his  votes,  were  always  upon  the  right  side.  He  rarely,  or  never,  erred  in  his 
judgment,  either  of  men  or  measures,  and  to-day  the  record  of  his  votes,  as 
they  appear  upon  the  journals  of  this  house,  contain  not  one  line  that  his 
friends  could  wish  were  otherwise,  an«I  that  would  not,  as  a  monument, 
serve  as  his  best  eulogium.  This,  sir,  in  brief,  was  the  character  of  our  late 
associate.  It  may,  indeed,  be  well  said,  that  his  actions  in  connection  with 
two  important  sections  of  this  State  will  rest  as  the  best  eulogium  that  can 
be  pronounced  to  his  memory.  I  will  say,  Mr.  President,  in  offering  these 
re.solutions  of  respect,  that  it  is  well  that  we,  as  Senators,  can  here  meet 
upon    one    common    ground,    where    political    asperities    are    at    an  end; 


BIOGRAPHIES — ADDENDA.  707 

where,  for  a  time,  we  can  forget  that  we  are  partisans  in  any  sense  of  the 
word,  but  hold  ourselves,  and  each  other,  bound  by  that  higher  band  of  asso- 
ciation which  here  unites  us  with  the  departed,  to  whose  memory  we  com- 
bine in  paying  this  simple  tribute.  I  offer,  therefore,  as  expressing  the  sense 
of  the  Senate  and  our  bereavement  the  resolutions  which  are  in  the  hands 
of  the  Secretai-y."  These  were  :  Resolved,  That  in  the  death  of  the  Hon. 
William  J.  Knox,  late  a  memV)er  of  this  body  from  the  Seventh  Senatorial 
District,  the  State  of  California  loses  an  enterprising  and  useful  citizen,  and 
this  Senate  an  able  and  eflicient  member.  Resolved,  That  we  deeply  sym- 
pathize with  the  alUicted  family  of  the  deceased  in  their  bereavement,  and 
convey  to  them  our  assurances  of  respect  and  esteem  for  the  memory  of  our 
departed  associate.  Resolved,  That  in  respect  to  his  memory  this  body  do 
now  adjourn." 

Sarah  L.  Knox-Goodrich.  Widow  of  the  above-named  Senator,  Doc- 
tor William  J.  Knox,  and  now  the  wife  of  one  of  our  earliest  pioneers, 
and  most  successful  architects,  Levi  Goodrich,  the  second  daughter  of  Will- 
iam Winston  and  Sarah  Smith  Farrow  Browning,  was  born  in  Rappahan- 
nock county,  Virginia,  Februaxy  14,  1825.  Her  grandfather  Browning, 
and  her  uncle,  Charles  Browning,  both  served  with  distinction  in  the  Revo- 
lutionary war,  one  being  a  Captain  and  the  other  a  Lieutenant,  they  were  in 
most  of  the  great  battles  fought  in  Maryland  and  Virginia,  down  to  the  bat- 
tle of  Yorktown  and  the  surrender  of  CornwallLs.  Her  father,  William 
Winston  Browning,  also  served  his  country  in  the  war  of  1812,  he  being 
only  eighteen  years  old  at  the  time;  was  a  private  in  Captain  George  Love's 
company  of  Virginia  Militia;  was  stationed  for  some  time'on  the  James  river 
below  Richmond;  served  until  the  close  of  the  war,  when  he  received  an  hon- 
orable discharge.  He  received  a  bounty  warrant  for  one  hundred  and  sixty 
acres  of  land  in  1852  for  his  services.  In  1878,  fourteen  years  after  his 
death,  a  bill  was  passed,  giving  the  widows  of  the  soldiers  of  1812,  pensions. 
^Irs.  Knox  applied  for  the  pension  for  her  mother,  who  is  still  living,  and  after 
a  long,  tiresome,  and  almost  hopeless  effort  (her  father's  papers  having  been 
lost  during  the  Rebellion)  succeeded  in  procuring  sufficient  evidence  to  secure 
her  mother  the  pension,  which  she  now  receives.  It  was  more  a  matter  of 
principle  with  Mrs.  Knox,  than  the  amount  of  the  pension ;  as  she  is  well 
able,  and  has  taken  care  of  her  mother,  who  has  been  with  her  for  the  last  twelve 
years,  a  confirmed  and  at  present  helpless  invalid,  now  in  her  eightieth  year. 
Mrs.  Knox-Goodrich,  although  but  eleven  years  of  age  when  her  parents 
removed  to  Missouri,  had  received  a  very  fair  education  in  her  native  State, 
having  attended  the  best  of  country  schools  some  four  or  five  years.  She, 
however,  again  attended  school  in  St.  Charles  county,  Missouri,  where  they 
took  up  their  residence  for  about  one  and  a  half  years,  when  her  father 


768  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

purchased  a  farm  in  the  adjoining  county,  Lincoln,  situated  about  four  miles 
from  Troy,  the  county  seat,  where  he  removed  with  his  family  and  continued  to 
reside  for  many  years.  There  the  subject  of  this  sketch  grew  to  womanhood, 
was  married  and  left  the  home  of  her  childhood  to  enter  upon  and  share  the 
duties,  pleasures,  and  cares  of  another  home,  whicli,  at  an  early  day,  she  and  her 
husband.  Doctor  Knox,  decided  to  make  in  California.  After  nearly  twenty-two 
years  of  married  life  she  was  left  a  widow  with  her  only  child,  Virginia  Knox, 
who  in  August,  1869,  was  married  to  Cabel  H.  Maddox  formerly  of  Ken- 
tucky. Mrs.  Knox  remained  a  widow  until  January  15,  1879,  when  she 
was  ao-ain  united  in  mari'iaffe  to  Levi  Goodrich,  above  mentioned.  As  a 
lady  whose  fame  is  not  confined  to  California  alone,  but  whose  name 
is  known  throughout  the  United  States,  we  deem  it  a  privilege  to  be  permit- 
ted to  present  her  portrait  in  this  volume. 

Early  in  life  Mrs.  Knox-Goodrich  espoused  the  cause  of  her  own  sex,  con- 
tending that  taxing  their  property  and  using  the  proceeds,  without  giving 
them  a  voice  as  to  its  disposal,  was  unjust,  unmanly,  and  diametrically 
opposed  to  the  principles  of  the  American  people,  as  fought  for  by  our  ances- 
tors. It  is  her  conviction,  a  judgment  arrived  at  after  the  most  mature  con- 
sideration, that  woman  is  as  well  endowed  with  the  necessary  qualifications 
to  use  the  right  of  franchise,  as  are  the  men;  that  they  are  the  pioneer 
mothers  of  a  common  country,  who  have  suffered  the  hardships  and  privations 
of  a  frontier  life;  that  tliey  have  assisted  materially  to  transform  the  h<)wling 
wilderness  into  a  garden  of  beauty;  and  that  they  have  (or  should  have)  the 
same  right,  to  say  the  least,  as  the  ignorant  male  negro  (fellow-citizens) 
of  the  south,  the  Chinamen,  either  born  or  naturalized,  both  of  which  there 
are  si)ecimen  voters  at  present;  or  the  alien,  who,  only  a  short  five  years 
before,  planted  his  foot  for  the  first  time  on  American  soil.  Mrs.  Kiiox- 
Goodrich  will  be  remembered  as  the  lady  who,  in  1874,  went  up  to  the  Leg- 
islature, with  her  friends,  Mrs.  Laura  J.  Watkins  and  Miss  Sallie  R.  Hart, 
and  by  their  energy  and  fairness  in  stating  the  many  advantages  to  be 
derived  from  the  passage  of  the  bill  giving  v/omen  the  right  to  hold  educational 
offices  in  the  State  of  California,  succeeded  in  getting  the  bill  passed,  not- 
withstanding the  opposition  of  those  repi'esenting  the  county;  only  one,  Mr. 
Thomas  Key,  of  Gilroy,  being  in  sympathy  with  the  ladies,  and  voting  for 
the  bill.  In  18G9,  this  lady  assisted  to  organize  the  first  "  Woman  Suffrage 
Association"  in  San  Jose',  of  which  she  is  at  present  an  active  member.  The 
"  National  Woman's  Suffrage  Association,"  as  well  as  the  "  American,"  the 
"California  State  Association,"  and  "Woman's  Congress,"  claiming  her 
among  their  members.  She  is  a  member  of  the  Santa  Clara  County  Pioneer 
Association,  a  life  member  of  the  San  Jose'  Library,  the  Law  Libi-ary,  and 
the  Santa  Claia  Agi-icultural  Societies.  She  was  for  several  years  a  Trustee 
in  the   San  Jo.'re  Library  and  contributed  liberally  to  its  support.     She  also 


,  //'(/-^^x^rL^O'Ur'yi^' 


THE  NEW  YORK 

PUBLIC  LIBRARY 


B[OGRAPHIES — ADDENDA.  769 

served,  for  about  thirteen  years,  as  one  of  the  Trustees  in  the  Unity  Society, 
that  was  oiganized  in  San  Jose',  by  the  Rev.  Charles  G.  Ames;  finally  she  is 
a  large  real  estate  owner,  and  a  stockholder  in  the  Bank  of  San  Jose.  Mrs. 
Knox-Goodrich,  a  lady  of  refinement,  holding  advanced  ideas,  is  much 
respected  by  all  who  know  her,  not  only  for  her  many  excellent  personal 
qualities,  but  as  one  of  the  pioneer  mothers  of  California,  claiming  for  her 
motto:  Equal  rights  and  Justice  to  all. 

L.  Krumb.  Was  born  in  Germany,  January  15,  1836,  where  he  was 
educated.  In  the  year  18.5:>,  he  landed  in  New  York  City,  and,  after  travel- 
ing in  the  Eastern  and  Western  States,  came  to  Californiaj  via  Panama, 
aniving  in  San  Francisco,  July  23,  1854.  While  in  Germany,  Mr.  Krumb 
learned  the  trades  of  brewer  and  cooper,  therefore,  shortly  after  his  arrival 
in  the  Bay  City,  he  was  placed  in  charge  of  the  LaFayette  Brewery,  It 
was  not  long,  however,  before  he  went  to  assume  control  of  the  Franklin 
Brewery,  in  Sacramento  City,  where  he  removed  until  the  Spring  of  1855; 
he  then  moved  to  Alameda,  Alameda  county,  and  purchased  the  Oakland 
Brewery,  moving  the  same  to  the  above  place,  under  the  name  of  the  Ala- 
meda Brewery,  the  first  established  in  that  town  and  second  in  the  county, 
and  carried  on  the  business  there.  In  company  with  Philip  Dorr,  he  erected 
a  brewery  in  Santa  Claia,  in  1856,  but  sellirg  his  interest  that  year,  he 
removed  the  Alameda  Brewery  to  San  Jose,  located  it  on  Ma)ket  street,  but 
in  1860,  moved  it  to  the  site  now  occupied  by  Walteufel's  Book  Store,  at  the 
corner  of  First  street  and  Fountain  alley.  In  1864  he  disposed  of  the  estab- 
lishment to  Adam  Holloway,  and  the  same  year  opened  his  present  brewery, 
at  377  and  379  Second  street,  a  history  of  which  premises  will  be  found  else- 
where in  this  work.  Mr.  Krumb  has  served  as  an  Alderman  in  the  City 
Council  of  the  city  of  San  Jos^,  while,  in  the  year  1876  he  was  a  candidate 
for  the  office  of  County  Clerk.  Married,  August  8,  1857,  Wilhelmina 
Schultz,  a  native  of  Germany,  by  M^hom  he  has :  Augusta,  born  October  18, 
1859;  Justice,  born  November  19,  1861 ;  Frederick,  born  November  17, 1865. 

Horace  Little.  Whose  portrait  appears  in  this  work,  is  a  native  of 
Cayuga  county,  New  York,  and  is  the  youngest  son  of  Asa  and  Esther  Lit- 
tle, and  was  born  October  28,  1828.  In  1836  his  parents  emigrated  to 
Hillsdale  county,  Michigan,  where  his  father,  Asa  Little,  engaged  in  farming 
up  to  the  time  of  his  death,  which  occurred  in  1842,  when  the  subject  of 
our  memoir  was  only  fourteen  years  of  age.  At  this  early  age  in  life  he 
was  employed  as  clerk,  and  continued  this  occupation  until  he  determined  to 
visit  the  Golden  State.  On  December  22,  1852,  he  took  passage  on  the 
steamer  Illinois  from  New  York  City,  and  on  this  side  was  a  passenger  on 
the  Tennessee,  which  was  wrecked  on  her  next  vo3'age.  Mr.  Little  arrived 
49 


770  HISTORY    OF    SANTA   CLARA    COUNTY,   CALIFORNIA. 

in  San  Francisco  January  20,  1853,  and  the  fii'Ft  of  February  following 
found  him  in  Georgetown,  El  Dorado  county,  where  he  engaged  in  mining 
for  two  months,  then  found  his  way  to  this  county.  At  the  time  he  landed 
in  the  State  his  capital  consisted  of  two  dollars  and  fifty  cents.  Upon  his 
arrival  in  the  county  he  was  employed  by  Albert  Dexter,  who  at  that  time 
owned  a  tract  of  land  near  Laurence  Station,  as  a  farm  laborer.  Here  he 
labored  for  one  year,  then  returned  to  the  mines;  this  time  he  was  searching 
for  the  glittering  metal  in  Amador  county.  In  the  Spring  of  1855  he  re- 
turned to  this  county,  and  in  company  with  Henry  Ringstorff  was  engaged 
in  threshing.  In  1856  he  commenced  farming  on  a  piece  of  land  just  east 
of  San  Jose',  near  Amos  White's,  and  the  following  Winter  bought  a  squat- 
ter's title  of  Robert  Thomson,  and  there  remained  until  the  Fall  of  1863 
when  he  purchased  an  interest  in  a  four-hundred-acre  tract  located  on  the 
Monterey  road,  some  eight  mites  south  of  San  Jose.  He  also  owns  a  good  stock 
ranch  in  San  Felipe,  located  on  a  creek  bearing  the  above  name,  where  he 
intends  to  have  some  fine  carp  ponds  fitted  up  at  no  distant  day.  Mr.  Little 
has  been  and  is  one  of  the  directors  of  the  Farmers'  Union  ever  since  its 
organization.  He  is  a  man  tliat  is  honored  and  respected  by  all  who  know 
him  best.  He  was  united  in  marriaofe  to  Mrs.  Lovina  Fisk,  a  native  of 
Canada,  on  December  19,  1876. 

H.  Messing.  Born  in  Cassel,  Prussia,  April  4,  1824.  He  remained  in 
his  native  land  until  he  sailed  for  California,  on  August  5,  1849,  and  arrived 
in  San  Francisco,  April  8,  1850.  After  visiting  and  working  in  the  mines 
at  SonoT-a  and  vicinity,  he  returned  to  San  Francisco,  in  ill-health,  and  came 
to  San  Jose,  in  July,  1850,  and  farmed  for  tw^o  years.  He  then  removed  to 
Santa  Clara,  and  in  company  with  Messrs.  Frank  and  Glein,  conducted  the 
tannery  now  owned  by  Jacob  Eberhard.  Here  he  remained  seven  years, 
and  then  came  back  to  San  Jose',  purchased  the  harness  business  of  Roman 
Don,  located  on  Market  street,  and  there  carried  on  business,  until  1866, 
when,  in  company  with  some  others,  he  purchased  the  portion  of  a  block  of 
land  on  Fir.st  street,  and  on  it  erected  a  brick  building.  No.  378,  which  he  is 
occupjnng  at  present.  He  married,  June  19,  1849,  Mary  Glein,  a  native  of 
Germany,  by  whom  he  has:  Rudolph,  born  November  30,  1851 ;  John,  born 
September  7, 1853  ;  Dore,  born  March  1,1855  ;  Louis,  born  December  14, 1856; 
Anna,  born  October  26,  1858;  Frederick,  born  June  1,  1864;  Adolph,  born 
October  27,  1866. 

R.  F.  Peckham.  This  worthy  pioneer,  in  very  truth,  w^hose  portrait  appears 
in  this  work,  was  born  in  Charleston,  Rhode  Island,  January  30, 1827,  and  is  the 
eldest  of  a  family  of  nine,  all  of  whom  have  since  become  residents  of  Cali- 
fornia.    His  early  education  was  confined  to  the  stray  leaves  of  knowledge 


BIOGRAPHIKS — ADDKNDA.  771 

that  he  could  cull,  duriiif^  a  session  at  the  country  schools,  of  but  three 
months  in  the  yeai'.  Happily  fur  hiin  he  had  a  taste  for  books,  which 
developed  into  his  quickly  becoming  a  proficient  in  learning,  coupled  with  a 
decided  inclination  for  mechanics  and  a  love  uf  tlie  sea.  At  the  age  of  ten, 
he  was  possesseil  of  a  retentive  memory,  marvelous  in  one  so  young;  at 
twelve  he  had  mastered  that  bug-bear  to  eveiy  youth — the  multiplication 
table,  and  three  months  after  had  made  himself  acquainted  with  the  rules 
and  problems  in  Dabott's  Arithmetic,  in  the  following  Winter  garnering  the 
treasures  of  Columbus'  Algebra,  and  the  mathematical  portion  of  surveying 
and  naviofation.  At  fourteen  >'ears  of  age,  he  started  life  on  his  own  account, 
and  has  ever  since  been  dependent  on  his  own  resources.  The  next  Summer 
he  worked  on  the  farm  of  one  Oliver  Davis,  for  six  dollars  a  month,  on  a 
contract  of  seven  months,  where  he  was  far  from  happy.  At  the  age  of  six- 
teen, he  went  before  the  Examining  Board,  stood  a  successful  scrutiny,  and 
was  granted  a  certificate,  authorizing  him  to  teach  any  public  school  in  his 
county.  The  following  Winter  he  taught  the  s=chool  in  the  district  where  he 
had  been  reared,  and  in  the  same  house  where  he  had  received  his  education. 
He  now  had  some  opportunity  for  gratifying  his  taste  for  machinery.  From 
his  earliest  childhood  he  passed  most  of  his  leisure  time  in  the  Woolen  Mills, 
Cotton  Mills,  and  other  manufactories  in  the  neighborhood,  which  have  since 
developed  and  placed  him  at  the  head  of  one  of  the  leading  looms  of  the 
State.  Early  in  his  seventeenth  year,  he  entered  into  an  agreement  with  a 
Baptist  preacher,  to  learn  the  carpenter's  trade,  but  after  two  months,  find- 
ing that  mixing  mortar  and  carrying  a  hod  were  not  the  most  rapid  methods 
of  acquiring  the  art,  obtained  a  release  from  his  compact,  and  entered  a 
wood-working  establishment,  at  Westerly,  Rhode  Island,  where  he  continued 
until  he  was  thrown  out  of  employment  by  having  his  left  hand  caught  in  a 
circular  saw,  in  the  following  Winter.  Before  he  was  able  to  return  to  work, 
in  obedience  to  his  natural  taste  for  the  sea,  he  resolved  to  cast  his  destiny  in 
the  business  of  whaling.  A  sailor's  life  had  a  charm  for  him ;  there  was 
wealth  in  the  whaling  grounds.  A  young  man,  if  he  proved  himself  a  good 
whaleman  and  stuck  to  his  craft,  could  reasonably  hope  to  command  a  ship 
after  three  or  four  voyages,  and  to  hold  such  a  position  for  two  or  three 
cruises  was  to  achieve  riches.  He  shipped  before  the  mast,  on  May  30,  1845, 
on  board  the  ship  Cabinet,  John  Bottom,  Master,  and  sailed  from  Stonington, 
Connecticut,  on  what  was  to  be  a  two,  and,  perhaps,  a  three  yeais'  cruise 
around  the  Cape  of  Good  Hope,  about  the  Indian  Ocean,  and  New  Zealand, 
into  the  North  Pacific,  and  home  around  Cape  Horn,  thus  completing  the 
circumnavigation  of  the  globe — a  no  mean  feat  for  a  youth  in  those  days.  It 
will  be  impossible  for  us,  for  want  of  space,  to  follow  Judge  Peckham  in  his 
early  adventures  on  board  the  Cabinet,  how  he  nearly  sufi'ered  shipwreck  at 
the  Azores,  fished  for   crawfish   at  Tristan   d'Acunha,  hail   his   first  conflict 


772  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

with  a  whale  in  the  Indian  Ocean,  encountered  a  cyclone  on  the  voyage  to 
Van  Dieman's  Land  (now  Tasmania),  and  became  mystified  by  the  gain  on 
time.  Let  us  recount  this  curious  event.  They  left  Hobart  Town  in  the 
latter  part  of  December,  and  January  16,  1846,  crossed  the  meridian  one 
hundred  and  eighty  degrees  either  east  or  west  of  Greenwich.  On  that  day, 
which  was  a  Sunday,  observations  were  taken,  when  they  found  by  actual 
count  that  they  had  the  benefit  of  two  Sabbaths — beyond  saying  how  they 
had  stolen  a  march  on  old  Father  Time,  the  Judge  is  silent.  After  sailing 
about  here,  there  and  everywhere,  the  subject  of  our  sketch  got  his  first 
glimpse  of  the  California  coast,  August  29,  1846.  Standing  down  its  sea- 
board, the  Cabinet  sighted  a  ship  at  anchor  in  shore,  and  sending  a  boat  off* 
found  her  to  be  the  Brooldyn,  of  New  York,  lying  at  Bodega  (now  in  Sono- 
ma county),  loading  lumber  for  the  Sandwich  Islands,  but  who  had  brought 
a  company  of  Mormon  immigrants  from  New  York  to  Yerba  Buena  (now 
San  Francisco).  From  her  the  first  news  of  the  Mexican  war,  and  the  occu- 
pation of  California  by  United  States  troops,  was  received.  The  next  day, 
August  30th,  the  Cabinet  anchored  at  Saucelito  (now  in  Marin  county). 
Of  this  place  the  Judge  says:  "the  anchorage  was  abreast  a  little  valley 
formed  by  spurs  of  the  mountain  shooting  down  to  the  bay,  in  which  valley 
was  a  spring  of  good  water,  the  principal  attraction  for  sea-going  vessels." 
The  Judge  further  remarks  that  the  spring  was  afterwards,  at  an  early  day 
(that  is  of  contemporaneous  history),  used  as  a  water  supply  for  San  Fran- 
cisco, whence  it  was  taken  in  an  old  steamer,  converted  into  a  water-boat, 
but  which  metaphorically  sank  on  the  completion  of  the  Bensley  and  other 
companies.  The  Cabinet  lay  at  Saucelito  for  a  week,  taking  in  water  from 
the  spring,  wood  from  Angel  Island,  with  fresh  beef  and  the  only  vegetables 
the  country  afforded,  which  were  chiefly  potatoes  of  the  size  of  a  hickory  nut, 
red  beans,  Indian  corn,  wheat,  pumpkins  or  water-melons,  and  these  in  small 
quantities.  The  ship  having  taken  on  board  her  complement  of  wood  and 
water,  a  boat  was  dispatched  across  the  bay  to  Yerba  Buena,  which  landed 
on  the  beach  at  what  is  now  the  corner  of  Sansome  and  Jackson  streets. 
Peckham,  who  was  one  of  the  crew,  without  stopping  to  bid  adieu  to  his 
ship-mates,  abruptly  took  "  French  leave,"  got  into  the  sand  hills  and  brush, 
and  never  saw  the  Cabinet  or  her  boat  again.  The  Judge's  outfit,  when  he 
bade  farewell  to  that  life  which  had  so  captivated  him  in  his  inexperienced 
youth,  was  one  pair  of  old  satinet  unmentionables,  prominently  patched  with 
cotton  canvas;  a  red  flannel  shirt  decidedly  the  worse  for  wear;  an  old 
Guernsey  frock;  a  Scotch  bonnet  not  too  new;  a  pair  of  boots  that  had  seen 
better  days;  and  a  commissariat  consisting  of  four  sea  biscuit,  popularly 
admitted  as  better  fitted  to  sharpen  the  teeth  than  appease  the  appetite.  At 
first  he  had  no  intention  of  proceeding  into  the  interior,  but  simply  thought 
to  keep  out  of  the  way  until  the  Cabinet  had  left,  and  then  seek  employment 


BIOGRAPHIES — ADDENDA.  773 

in  the  town.  On  the  fourth  clay  of  his  conceahnent,  exhausted  nature 
demanded  nourishment,  water  was  his  cliief  want,  lie  therefore  wandered 
south,  h<)i)ing  to  get  out  of  the  scrub-oaks,  and  see  some  habitation  or  person 
who  could  at  any  rate  give  hitn  information  as  to  if  his  ves.sel  had  put 
to  sea.  Late  in  the  afternoon  he  came  out  on  the  Mission  creek,  above  where 
the  Mission  Woolen  Mills  now  stand.  The  stream  was  navigable  far  above 
that  })oint,  and  there  he  found  a  small  undeckerl  schooner  in  charge  of  two 
men  who  spoke  English,  and  who  proved  to  be  Mormons  that  had  come  out 
in  the  ship  Brooklyn.  One  was  named  Austin,  the  other  Q.  L.  Sparks,  now 
a  lawyer  of  San  Bernardino.  They  were  men  having  families  and  lived  at 
the  Mi.sbion  Dolores,  in  the  old  mission  buildings,  in  which  were  quartered 
several  Mormons.  In  answer  to  their  questions,  Peckham  told  them  the 
whole  truth;  in  return  they  promised  friendship;  they  had  plenty  of  fresh 
beef  and  sea  biscuit;  a  fire  was  made,  the  beef  cut  into  slices,  strung  together 
on  a  stick,  held  befoi'e  the  fire  until  cooked,  and  here  the  Judge  ate  his  first 
"square  meal"  in  Califoriua.  At  dusk  Sparks  took  him  to  his  house,  gave 
him  a  place  to  sleep,  and  on  the  following  morning  betook  himself  to  Yerba 
Buena,  to  ascertain  if  the  ship  had  taken  her  departure,  reporting  on  his 
return,  her  still  being  anchored  in  the  harbor.  Sparks  then  told  Peckham 
that  he  could  stay  with  him  as  long  as  he  desired;  that  he  should  have  a 
place  to  .sleep  and  such  as  he  had  to  eat;  and  said  he:  "We  are  Mormons; 
we  have  some  bad  people  among  us,  but  average  as  well  as  anybody  ;  but^ 
by  having  bad  men  among  the  Mormons,  they,  b}^  their  acts,  have  brought 
the  whole  Mormon  people  into  trouble  and  disgrace.  We  are  despised  and 
pei'secuted  because  we  are  Mormons;  but  we  have  as  much  of  the  milk  of 
human  kindness,  and  know  how  to  ])ractice  Christian  charity  as  well  as 
anybody."  From  thirty  years'  sub.sequent  expeiience  and  knowledge  of 
Mormon  character,  the  Ju^lge,  putting  no  faith  in  any  of  their  religious 
theories,  believes,  and  openly  maintains,  the  remarks  made  by  his  friend 
Sparks  to  be  strictly  true.  Sparks  is  a  man  of  over  average  intelli- 
gence, a  good  talker,  was  raised  in  Connecticut,  hatl  been  a  scho  tlmaster, 
and  was  then  a  preacher  in  the  Mormon  church.  But  to  return  to 
Judge  Peckham.  He  accepted  the  situation  and  remained  with  Sparks  for 
about  ten  days  during  which  each  learned  to  respect  the  other  as  they  both 
were  Yankees  and  had  both  been  preceptors.  But  the  Cabinet  appeared  deter- 
mined not  to  budge,  our  heio  therefore,  one  fine  morning,  .said  farewell  to  his 
newly-found  friends  and  started  on  foot  towards  San  Jose.  The  road  at 
that  epoch  was  a  horse-trail  and  pas.sed  around  the  base  of  San  Bruno  mount- 
ain by  the  bay.  At  the  cro.ssing  of  I.^las  creek  he  met  a  native  Californian 
to  whom  he  .sold  his  boots,  and  made  the  rest  of  the  journey  bare-footed. 
The  Judge  remarks  that  walking  upon  the  clover-burrs  and  prickly  grass 
proved  anything  but  interesting.     His  first  night  he  passed  at  the  Sanchez 


774  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

Ranch  (now  Milbrae,  in  San  Mateo  county),  where  he  found  no  one  with 
whom  to  converse,  but  discovered  hanging  in  the  cook-house  a  bounteous 
supply  of  fresh  beef,  some  of  which  he  cut,  cooked  and  ate.  He  sle])t  on  the 
earthern  floor,  near  the  fire,  without  covering,  turning  first  one  side  and  then 
the  other  to  the  blaze  to  keep  warm.  The  following  day  brought  him  to  the 
ranch  of  John  Coppinger,  then  known  as  the  Pulgas  Redwoods,  now  called 
the  Valley  of  San  Raymundo.  Here  he  found  eight  or  ten  English-speaking 
people,  most  of  them  old  runaway  sailors,  who  were  engaged  in  sawing 
lumber  for  the  markets  at  Yeiba  Buena  and  Pueblo  de  San  Jose'.  At  this 
place  he  remained  a  few  days,  when  the  arrival  of  a  schooner  at  Embarca- 
dero  (now  called  Ravenswood)  from  Yerba  Buena,  for  a  cargo  of  lumber,  was 
reported.  The  next  morning  he  proceeded  to  the  craft  to  seek  intelligence 
of  his  own  ship.  He  found  the  drogher  in  an  estuary  about  two  miles  from 
the  bay,  lying  by  the  bank,  the  water  being  deep  enough  at  hi^jh  tide  to 
float  her  and  her  cargo,  but,  at  low  tide,  the  muddy  bottom  was  bare.  She 
was  commanded  by  an  Italian,  who  had  for  his  mate  a  red-whiskered, 
sandy-complexioned  man  named  Davis,  and  another  individual  for  his  crew. 
Peckham  told  them  his  story,  and  was  assured  that  the  Cubhiet  had  sailed; 
he  then  sought  permission  to  attach  himself  to  the  schooner  and  woik  his 
passage  back  to  Yerba  Buena,  which  was  granted.  We  will  now  relate  the 
first  of  the  Judge's  numerous,  Californian  experiences:  They  were  engaged 
in  loading  the  ves.sel' about  the  middle  of  the  afternoon,  the  tide  being  out 
and  the  bottom  of  the  estuary  bare  of  water,  the  schooner  lying  easily,  her  keel 
embedded  in  the  mud,  when  a  native  Californian  came  down  on  horseback, 
dismounted,  took  his  riata  (a  long,  braided  rawhide  rope  with  a  running 
noose,  used  in  lassoing  wild  horses  and  cattle),  placed  the  loop  around  the 
horse's  neck,  tied  the  other  end  to  the  rigging  of  tlie  vessel,  and,  with  the 
Captain,  went  down  into  the  cabin.  It  was  the  first  opportunity  Peckham 
had  had  of  examining  closely  a  Californian  saddle  and  bridle  and  they  imme- 
diately attracted  his  attention.  Having  scrutinized  both  very  attentively, 
and  patted  the  horse  which  appeared  to  be  very  gentle,  the  notion  suddenly 
seized  him  that  he  would  like  to  test  the  comfort  of  the  seat.  Without 
untying  the  animal,  he  placed  his  foot  into  the  stirrup  and  sprang  in,  but  no 
sooner  had  he  reached  his  goal  than  the  horse  starting  at  a  gallop,  quickly 
attained  the  end  of  the  riata,  and  then  commenced  to  retj-eat  by  a  series  of 
•backward  jumps  which  carried  hmi  off  the  bank  where  he  was  mired  down 
half  buried  in  the  mud  and  incapable  of  further  exertion.  The  rider  struck 
feet  down  and  went  half  his  length  in  the  mud,  about  ten  feet  from  the  horse; 
h§  extricated  himself  but  the  horse  had  to  be  aided.  The  owner,  heai'ing  the 
rumpus,  ru.shed  on  deck,  and,  taking  in  the  position  at  a  glance,  delivered 
himself  of  a  very  lengthy  and  eloquent  address  in  Spanish,  the  only  portion 
of  which  now  recollected  by  the  Judge  is  the  word  "  car-rah-ho."     As  night 


BIOGRAPHIES — ADDENDA.  (  I  O 

arrived  the  schooner  was  loade(],  and  a  stait  made  for  Yeroa  Buena,  but 
when  off  San  Mateo  she  was  found  to  be  siidcing,  and  finally  run  ashore  in  a 
cove  on  the  east  side  of  San  Biuno  mountain.  On  this  voyage  the  mate, 
Davis,  spoke  freel}'  and  unreservedly  of  his  foiiner  exploits  as  a  pirate  on  the 
Mississippi,  and  of  the  crimes  committed  by  himself  and  the  gang  with  which 
he  was  there  connected.  He  afterwards  became  a  noted  highwayman  and 
desperado  in  California,  under  the  name  of  "  Red  Davis,"  and  was,  about  the 
year  1852,  captured  and  hanged  by  the  peo|)le  in  the  city  oi  Stockton.  Peck- 
ham  now  returned  to  his  old  friends  and  quarters,  and  learned  that  the 
Cabinet  had  not  sailed  but  that  the  story  told  liim  on  the  schooner  had  been 
done  for  the  purpose  of  getting  him  to  Yerba  Buena  in  the  hope  of  securing 
a  reward  for  his  delivery  on  board.  After  staying  a  few  days  at  the  Mission 
Dolores,  the  Judge  returned  to  the  Pulgas  Redwoods,  where  shortly  after 
encountering  Dennis  and  Jackson  Bennett  he  accompanied  them  to  their 
home  at  the  Santa  Clara  Mission,  where  also  dwelt  their  mother,  an  estim- 
able lady,  who  afterwards  became  the  wife  of  Captain  Harry  Lane,  the  cap- 
turer  of  the  celebrated  bandit  Joaquin  Murietta.  For  this  woman  Peckham 
performed  his  first  day's  work  fur  wages  in  California,  washing  wheat  in 
the  little  lake  by  the  Cook  place,  near  the  present  town  of  Santa  Clara.  He 
was  bare-footed,  so  she  let  him  have  a  pair  of  shoes  for  four  dollars,  and  he 
was  to  work  it  out,  washing  wheat  at  one  dollar  per  day.  On  the  third  day, 
while  at  work,  he  was  surprised  to  hear  his  name  called,  and  on  turning 
round  found  the  voice  to  proceed  from  his  friend  Sparks,  and  with  him  pro- 
ceeded to  the  San  Joaquin  valley,  where,  in  company  with  a  party  of  Mor- 
mons, they  founded  the  first  permanent  settlement  in  that  great  vale,  on  a 
spot  situated  on  the  north  bank  of  the  Stanislaus  river  a  mile  and  a  half 
above  its  junction  with  the  San  Joaquin.  Here  they  commenced  to  till  the 
soil,  and  eighty  acres  had  been  sown  and  inclosed  by  the  middle  of  January, 
1847.  About  this  time,  feeling  disgusted  at  his  unimproved  prospects. 
Peckham  determined  to  leave  the  San  Joaquin  and  try  liis  luck  in  the  vicin- 
ity of  San  Jose'  which,  however,  he  did  not  reach  without  considerable  diffi- 
culty. The  Winter  of  184<G-7  was  particularly  wet  and  stormy  overflowing 
the  banks  of  the  rivers,  creeks  and  sloughs.  After  having  floated  down  the 
Stanislaus  to  the  San  Joaquin  which  he  crossed  in  a  canoe,  it  being  then 
three  miles  wide,  he  made  what  he  then  believed  to  be  the  Livermore  Pa.ss, 
but  now  known  to  be  Corral  Hollow,  therefore,  at  daylight  he  retraced  his 
steps  into  the  valley  and  struck  the  emigrant  trail.  Receiving  kind  care  at 
Livermore's  he  passed  the  Mission  at  San  Jo>e  at  sundown  on  the  following 
day;  keeping  on  he  cros.sed  the  Milpitas  rancho,  wading  for  a  mile  through 
water  from  six  to  twelve  inches  deep.  About  ten  o'clock  he  forded  the 
Coyote  creek,  waist  deep,  where  the  road  now  crosses  to  Milpitas,  and  about 
an  hour  after   discovered  a  light  some  distance  to  the    right  of  the  road, 


776  HISTORY    OF   SANTA    CLARA    COUNTY,    CALIFORNIA. 

which  proved  to  be  an  Indian  village  that  stood  on  the  site  now  occu- 
pied by  the  Woolen  Mills  at  San  Jose.  Here  he  slept.  In  the  morning  the 
first  sight  almost  which  greeted  his  eyes  was  the  American  Flag  floating 
over  the  pueblo,  but  instead  of  entering  tlie  town  he  crossed  over  to  Mother 
Bennett's,  as  she  was  called,  in  Santa  Clara.  She  was  glad  he  had  come. 
The  military  officers  had  told  her  that  the  Mission  orchard  was  Government 
property,  and  subject  to  pre-emption, and  she  was  alone  with  her  girls;  her  three 
sons  were  away,  Winston,  with  Fi-emont's  Battalion;  Dennis  a  soldier  in  the 
pueblo ;  and  Jackson  was  laid  up  with  a  wound  received  in  the  battle  of 
Santa  Clara.  She  wanted  a  worker  to  take  possession  of  the  orchard  for 
her;  plow  it  up  and  put  in  a  crop  of  wheat.  A  bargain  was  made  and 
the  next  morning  the  Juilge,  for  the  second  time,  entered  the  employ  of  this 
lady,  his  wages  being  thirty  dollars  a  month.  This  day  he  got  a  gun,  went 
out,  shot  some  geese  and  in"* the  evening  returned  to  the  house,  where  he 
was  given  a  back  room,  a  candle,  and  an  Imlian  as  room-mate;  no  bed,  no 
blankets,  no  floor,  neither  chair  nor  stool,  an(j  no  fire.  While  here  enveloped 
in  7-efiection  Peckham  overheard  the  eldest  daughter  say:  "  Mother,  let  us 
ask  that  man  in  to  sit  with  us  by  the  fire,"  to  which  generous  appeal  she 
received  the  bluff  reply:  "  No!  let  him  stay  out  there  with  the  Indian.  It  is 
good  enough  for  him."  Alter  a  spell  his  supper  was  sent  in.  It  consisted 
of  a  little  Indian  corn,  roasted  on  the  cob  before  the  fire,  shelled  off,  ground 
up  in  a  coffee  mill  and  saturated  with  water.  The  Ju  Ige  says,  "  This  was 
all  right  for  it  was  all  she  had  for  herself  and  fauiily,  but  the  warm  fire  was 
a  ditferent  consideration."  He  therefore  thought  soldiering  was  prefi.'rable, 
so  the  next  morning  he  came  to  the  Pueblo  de  San  Jose  and  enlisted.  This 
was  January  29,  1847;  the  day  after  he  completed  his  twentieth  yeai\  In 
the  latter  part  of  February  he  received  his  discharge  and  entered  the  store  of 
Dr.  Stokes  where  he  received  much  kindness  and  attention,  and  with 
whom  he  remained  until  the  month  of  May  when  the  Doctor  disposing  of 
his  stock-in-trade,  Peckham  was  thrown  out  of  employment,  although  he 
made  his  home  with  Jo.seph  T.  Ruckel,  one  of  the  firm  who  had  purchased 
Stokes'  store,  until  the  following  year,  during  which  he  essayed  as  a  car- 
penter. About  this  period  gold  was  discovered,  and  such  was  the  rush  to 
the  mines  that  in  a  little  Peckliam  anil  Frank  Lightston  were  the  only 
adults  remaining  in  San  Jose.  About  tlie  last  of  June  some  of  the  gold- 
seekers  returned  to  look  after  their  afiairs,  full  of  astonishing  stories  of  the 
new  discoveries,  which  they  were  able  to  veiify,  by  the  gold  which  they  had 
brought  with  them.  Some  of  thase  who  had  gonefioui  San  Jos^  had  got  four, 
eight,  and  twelve,  while  some  as  high  as  twenty  thousand  dollars.  Peckham 
could  stand  it  no  longer.  About  the  4th  July,  1848,  he  started  to  the  mines 
in  compan}'  with  Charles  White  and  William  Daniels,  at  the  end  of  a  week's 
travel  finding  nio&t  of  the  San  Jose  people  in  a  place  they  had  named  Weber's 


BIOGRAPHIES — ADDENDA.  777 

Creek.  The  stories  he  had  heard  wei-e  no  fabrication.  It  was  no  object  to 
work  for  less  tlian  sixteen,  while  there  were  some  earning  as  high  as  from 
two  to  four  hundred  dollars  per  day.  Here  Peckham  remained  but  a  few 
days,  removing  then  to  Coloina,  where  the  "yellow  stuff"  was  first  discov- 
ered, and  there  was  placed  in  charge  of  his  store  by  Sam.  Brannan,  but 
was  shortly  relieved  by  William  Stout,  one  of  the  partner.s.  From  Coloma, 
the  Judge  proceeded  to  New  Helvetia,  and  as  a  salesman  took  charge  of  the 
wholesale  establishment  there,  the  largest  and  best  stocked  store  in  the  coun- 
try, where  he  continued  until  early  in  October,  when  the  enterprise  at 
Coloma  was  closed  out,  Stout  taking  charge  of  that  at  Sacramento  (New 
Helvetia)  and  parted  with  Peckham,  between  whom  there  had  been  some 
misunderstanding.  A  traveling  expedition  to  the  mines  was  now  planned 
between  him  and  a  Scotch  graduate  of  the  Edinburgh  University  named 
Perkins.  They  purchased  two  thousand  dollars'  worth  of  goods  on  credit 
and  hired  a  two-mule  wagon  to  take  them  to  what  is  now  called  Big  Bar, 
on  the  Mokelumne  river.  Their  I'oute  lay  along  the  emigrant  road  to  San 
Jose'  across  the  Cosumne  and  Mokelumne  rivers  and  then  up  the  latter  on 
the  south  side  about  thirty  miles  into  the  mountains.  In  the  crossing  of  the 
last-named  stream,  the  wagon  was  upset,  the  goods  saturated  and  such  things 
as  pilot-bread  and  sugar  completely  destroyed;  thence, the  route  lay  through 
the  mountains;  on  the  second  day  from  the  ford,  they  reached  the  summit 
of  a  high  hill  overlooking  the  deep  valley  at  its  base  and  observed  the  V>lue> 
curling  smoke  of  a  camp-fire.  In  a  twinkling  the  hill-sides  were  peopled 
with  Indians,  men,  w^omen  and  children,  coming  to  survey  the  wagon.  Some 
uneasiness  was  felt  as  to  what  was  to  be  the  character  of  the  meeting,  but 
when  within  about  four  hundred  3'ards,  one  of  the  Indians  was  heard  to  call 
out  in  Spanish,  "Es  el  Cierbo"  (it  is  the  Elk),  a  nick-name  by  which  the 
Judge  is  still  known  among  them,  he  found  he  was  among  friends  for  the 
remark  had  proceeded  from  a  young  Indian  who  had  lived  with  Charles  M. 
Weber,  in  San  Jose.  Descending  the  hill  they  found,  besides  the  Indians 
collecting  gold  in  the  river,  Thomas  Fallon  and  his  stock  of  goods;  he  had 
been  there  but  a  few  months  and  had  already  realized  a  fortune.  Here 
Peckham  and  Perkins  pitched  their  camp,  sent  the  team  back  to  Sutter's 
Fort  and  commenced  retailing  their  stores.  They  had  been  establishcnl  in 
this  place  only  three  da3s  when  Fallon  received  a  message  from  his  brother 
that  a  gulch  of  fabulous  richness  had  been  discovered  by  him  only  sixteen 
miles  distant.  The  next  day  a  general  exodus  took  place,  Peckham  and 
his  partner  joining  n  the  hegira,  taking  with  them  the  balance  of  their 
stock  on  pack-mules.  On  arrival,  they  found  their  fountain  of  riches  being 
drained  by  hundred.s — the  news  had  leaked  out.  General  Castro  was 
here,  seeking  fortune  like  the  rest,  while,  a  man  in  his  employ  found  lying 
on  the  top  of  the  ground  a  piece  of  pure  gold  weighing  twenty-one  ounces, 


778  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

which  Judge  Peckham  secured  in  exchange  foi-  five  pairs  of  blankets.  In 
less  than  a  week  our  hero  and  Perkins  had  disposed  of  the  remainder  of 
their  goods,  they  therefore,  the  raining  season  being  over,  returned  on  foot  to 
New  Helvetia,  there  to  pass  the  Winter.  Aniving  at  the  Fort,  a  division 
of  profits  was  made,  the  net  proceeds  being  three  thousand  dollars,  obtained 
in  about  four  weeks.  On  his  way  Peckham  met  a  party  of  immigrants 
■who  had  cro.ssed  the  mountains  that  3'ear  from  the  Mississippi  valley,  under 
the  leadership  of  Joe  Childs,  by  way  of  the  Carson  river  and  Piacerville.  In 
this  train  was  a  young  lady,  Ann  E.  Smith,  to  whoui  he  was  married  in  San 
Francisco,  January  14,  1849,  and  where  he  obtained  the  position  of  salesman 
in  the  wholesale  house  of  David  Dring,  where  he  spent  the  Winter.  In  the 
following  month  the  Judge  moved  from  San  Francisco  to  San  Jose',  invested 
his  money  in  city  lots,  and  went  to  work  at  the  trade  of  carpentering;  but 
the  time  had  come  when  -d,  better  class  of  workmen  were  to  be  had,  he 
therefore  abandoned  this  occupation  and  went  to  Campbell's  redwoods,  above 
the  place  now  known  as  Saratoga,  where  he  passed  the  Summer  sawing  log.s, 
making  from  twenty  to  thirty  dollars  per  day.  In  the  month  of  August  he 
proceeded  to  Sacramento,  and  purchased  an  ox-team  for  the  purpose  of 
drawing  lumber  from  the  redwoods,  then  a  lucrative  business.  He  drove 
his  oxen  to  San  Francisco,  turned  them  out  to  grass,  and  never  saw 
them  alive  again;  they  were  found  some  days  subsequently,  dead  in 
the  mire,  at  the  present  corner  of  Fourth  and  Folsom  streets  in  that 
city.  He  next  determined  to  turn  his  attention  to  merchandising  in 
San  Jose  ;  purchased  a  stock  of  dry  goods  and  groceries,  and  returned. 
He  erected  a  tent  of  blue  drilling,  and  started  a  store  in  it  on  Market 
Square ;  here  passed  the  Winter  and  until  the  following  May.  It  was 
about  this  time  that  he  determined  to  commence  the  study  of  law  ;  to 
this  end  he  bought  two  books,  borrowed  a  couple  n^iore,  and  sat  down  to 
his  task  without  a  legal  guide,  philosopher  or  friend.  So  engrossed  did  he 
become  in  his  new  research  that  he  did  not  pay  proper  attention  to  his  mer- 
cantile afiairs,  which  naturally  resulted  in  complete  failure.  Being  nom- 
inated in  February,  1850,  for  the  ofhce  of  County  Attorney,  but  it  was 
necessary  that  the  gentleman  holding  that  position  should  be  an  admitted 
law3'er;  he  therefore  passed  an  examination — not  a  very  arduous  one,  the 
Judge  admits — and  received  a  cei'tificate  from  Judges  Redman  and  Kincaid. 
The  successful  candidate  on  the  occasion  was  the  Whig  nominee,  John  H. 
Moore.  On  the  opening  of  the  District  Court  in  San  Jose,  Peckham  made 
application,  was  admitted  to  the  Bar,  and  forthwith  hung  out  his  shingle  as 
Attorney-at-Law,  but  business  coming  not,  on  account  of  the  better-known 
and  older  opposition  against  which  he  had  to  contend,  he  settled  up  his 
affairs  in  San  Jos^,  and  removed  to  Monterey,  where  he  sojourned  until  the 
Spring  of  1851.     Now  the  Judge  resolved  to  try  his  hand  at  farming;  he 


BIOGRAPHIES — ADDENDA.  770 

consequently  removed  to  Salinas,  took  \ip  a  ([uarter-section  of  what  was 
represented  to  him  by  the  adjoining  ranch-owners  as  public  land,  but  which 
they  afterwards  managed  to  get  surveyed  into  a  grant,  an<l  thus  became, 
unwittingly,  the  first  squatter  in  the  valley.  He  fenced  in  f(jrty  acres 
and  sowed  it  with  grain,  but  1851  proving  a  dry  season  it  did  not 
yield  the  seed.  His  house  was  made  a  station  for  Hall  &  Crandall's 
line  of  stages  from  San  Jose  to  Monterey,  getting  enough  for  keeping 
a  span  of  horses  to  pay  his  expenses  for  beef,  hard-bread,  sugar  and 
coffee,  meanwhile  keeping  up  his  legal  studies.  In  the  Fall  of  1851  he 
moved  to  Santa  Cruz,  entered  into  partnership  with  George  W.  Crane,  and 
was  very  successful.  The  partnership,  however,  not  lasting  long,  the  Judge 
went  into  business  on  his  own  account,  one  of  his  first  clients  being  his  old 
acquaintance,  Mrs.  Bennett,  who  was  naturally  much  surprised  to  find  her 
qaondam  "help"  a  full-liedged  lawyer,  with  a  lucrative  practice.  In  1853 
he  was  elected  to  the  office  of  District  Attorney  of  Santa  Cruz  county,  and 
served  three  year's  in  that  capacity.  In  the  same  year  he  conducted  the 
case  Kettleman  vs.  Graham  for  the  plaintiff,  having  as  his  opponents  D.  S. 
Gregory,  and  the  late  General  E.  D.  Baker,  when  he  received  very  high 
praise  from  the  entire  Bar,  but  more  especially  frorn  ex-Governor  Burnett, 
then  a  prominent  member  of  the  legal  fraternity  of  San  Jose.  On  his 
return  to  Santa  Cruz  he  was  engaged  in  a  case  with  Judge  Ord  to  dissolve 
an  injunction  in  the  case  of  Gregory  vs.  Hay,  there  being  about  twenty 
thousand  dollars  involved,  while  shortly  after  this  he  was  admitted  to  prac- 
tice in  the  Supreme  Court.  He  soon  besran  to  feel  that  he  had  secured  the 
confidence  of  the  people,  as  also  that  of  the  Courts,  and  the  leading  members 
of  the  profession  as  well.  In  less  than  two  years  he  was  allowed  by  the 
Judges  of  the  Supreme  Court  to  have  attained  a  legal  knowledge  of  a  high 
order,  while  he  had  made  for  himself  a  State  reputation.  His  cases  in  Santa 
Cruz  and  Monterey  were  mostly  those  springing  from  disputes  in  regard  to 
land,  involving,  occasional!}',  sums  of  great  magnitude,  most  of  which  were 
settled  before  he  left  that  quarter.  He  was  elected  and  served  one  term  as 
County  Judge  of  Santa  Cruz.  In  18(J3  he  returned  to  San  Jose  and  entered 
upon  the  practice  of  his  profession.  In  18G5  he  joined  Judge  Payne  in  busi- 
ness, a  copartnership  which  existed  until  1870.  In  1868,  fearing  the  loss 
of  eyesight  and  memory,  he  went  to  the  Eastern  States,  visited  every  cele- 
brated battle-field,  and  every  noted  city,  made  him.self  cognizant  with  the 
working  of  several  manufactories,  especially  those  in  woolen  goods,  and,  on 
his  return  to  San  Jo.s^,  determined  to  start  a  mill  for  that  class  of  fabric, 
which,  after  years  of  toil  and  unceasing  energy  he  has  succeeded  in  doing, 
until  now  it  is  one  of  the  best  pieces  of  property  in  California.  His  trouble 
in  getting  it  upon  a  paying  ba.sis  will  be  found  fully  explained  on  page 
524   of  this  work.     He  has  a  family  of  nine  children,  the  following  being 


780  HISTORY    OF   SANTA    CLARA    COUNTY,    CALIFORNIA. 

their  names  and  dates  of  birth:  William  Henry,  born  November  17,  1849 
Martha  Jane,  born  October  17,  1851;  James  Albert,  born  March  ]1,  1854 
Mary  Augusta,  born  October  20,  1855:  Sarah  Frances,  born  June  24,  1857 
Lois  Aureline,  born  September  80,  1859;  Lucy  Josephine,  born  October  4, 
1861;  Benjamin  Lincoln,  born  October  27,  1865;  Leah  Caroline,  born  Octo- 
ber 3,  1867. 

Joseph  E.  Rucker.  Is  the  eldest  son  of  William  T.  and  Veranda  S. 
Rucker,  and  was  born  in  Howard  county,  Mis.souri,  December  21,  1831. 
When  a  year  old  his  parents  took  him  to  Saline  county,  where  he  received 
his  education,  and  learned  farming.  In  May,  1852,  he  started  for  California 
with  a  drove  of  cattle,  and  occupying  five  months  in  driving  them  across  the 
plains,  he  finally  arrived  in  Santa  Clara  county,  October  1st  of  that  year. 
He  at  once  proceeded  to  tlfe  i^edwoods,  but  after  working  only  nine  days,  he 
was  stricken  with  typhoid  fever  and  obliged  to  return  to  the  valley.  On 
regaining  his  strength  he  commenced  working  on  the  farm  of  James 
Williams,  and  with  him  remained  during  the  year,  all  but  one  month,  dur- 
ing which  he  planted  a  crop  of  potatoes  on  his  own  account.  He  received 
wages  at  sixty-five  dollars  per  month  from  December,  1852,  for  the  whole 
year.  On  the  expiration  of  his  term  in  December,  1853,  Mr.  Rucker,  with 
his  father,  took  up  a  claim  about  two  miles  west  from  Santa  Clara,  where 
he  remained  until  1856,  when  he  disposed  of  his  land,  and  moved  to  Gilroy, 
where  he  combined  merchandising  with  stock-raising  and  farming.  From 
the  proceeds  of  the  stock  there  raised  he  purchased  two  hundred  and  forty 
acres  of  land.  The  farm  he  left  in  1861,  and  moved  on  the  Salice  ranch,  he 
having  previously  purchased  it.  Here  he  remained  till  the  Fall  of  1864, 
when  he  went  on  a  farm  about  four  and  a  half  miles  south  from  Santa  Clara. 
In  August,  1874,  Mr.  Rucker  moved  on  to  a  ten-acre  tract  at  The  Willows, 
and  thence  to  E  street,  San  Jose.  At  that  date  he  opened  a  real  estate  and 
insurance  office  in  the  Commercial  Bank  Building,  and  has  since  been  joined 
by  Robert  Page,  which  partnership  is  carried  on  under  the  style  and  firm  of 
Rucker  &  Page.  Mr.  Rucker  is  also  the  possessor  of  three  hundred  acres  of 
land  in  San  Bernai'dino  county.  He  married,  September  27,  1855,  Susan 
Brown,  a  native  of  Missouri,  who  came  to  California  in  1850,  and  has: 
William  B.,  born  February  6,  1857;  Mary  E.,  born  August  16, 1858;  James 
T.,  and  Samuel  N.  (twins),  born  April  16,  1862;  Joseph  H.,  born  March  23, 
1865;  Susan  W.,  born  March  5,  1867;  Lucy  M.,  born  May  31,  1869. 

John  H.  RusseU.  Was  born  in  Cook  county,  Illinois,  July  16,  1843. 
He  received  his  primary  education  in  the  common  schools  of  the  district,  and 
was  a  student  in  the  Northwestern  University,  at  Evanston,  Illinois.  At 
the  beginning  of  the  Civil  War,  August  5,  1861,  at  the  age  of  eighteen  years, 


BIOGRAPHIES — ADDENDA.  781 

he  enlisted  in  Company  F,  Thirty-ninth  Illinois  Vohmteers,  and  with  his 
regiment  joined  Fremont's  command  in  Missouri;  from  thence  were  ordered 
to  proceed  to  the  upper  Potomac,  where  they  served  durinj^  the  Winter  of 
1861-62,  and  were  assigned  to  duty  as  guard  to  the  woikmen  wlio  were 
rebuilding  the  Baltimore  and  Ohio  Railroad,  until  its  completion  to  Martins- 
burg,  Virginia,  when  they  were  attached  to  General  Shield's  Division;  par- 
ticipated in  the  battle  of  Winchester  or  Kernstown,  March  23,  1862,  and  the 
long  and  arduous  marches,  counter-marches,  skirmishes,  and  battles,  which 
followed  in  the  Shenandoah  valley ;  thence  proceeded  to  re-enforce  McClel- 
lan's  Army,  and  arrived  during  the  px'ogress  of  the  battle  of  Malvern  Hill, 
July  1,  1862;  covered  the  retreat  of  the  Potomac  Army  from  the  Peninsula; 
garrisoned  Suffolk,  Virginia,  until  January,  1863;  and  were  transferred  to 
the  Department  of  North  Carolina  and  sailed  with  General  Foster's  expedi- 
tion to  Hilton  Head,  South  Carolina,  and  were  actively  engaged  in  the  cam- 
paigns that  followed — the  siege  and  capture  of  Morris  Island,  Forts  Wagner 
and  Gregg,  erection  of  the  "  Swamp  Angel,"  and  the  battering  down  of  Fort 
Sumter.  Our  subject  re-enlisted  in  the  same  regiment,  which,  after  a  short 
furlough  home  joined  the  Army  of  the  James,  and  w^as  assigned  to  the  Tenth 
Corps,  and  were  almost  constantly  engaged  in  action  during  the  memorable 
campaign  of  1864,  at  Bermuda  Hundred,  Deep  Bottom,  and  before  Peters- 
burg. Early  in  1865,  our  subject  was  promoted  to  the  rank  of  Second 
Lieutenant,  and  subsequently  First  Lieutenant,  and  transferred  to  the  Thir- 
ty-eighth Regiment  U.  S.  C.  F.,  and  as  such  served  in  front  of  Richmond, 
and  was  among  the  first  to  lead  his  company  into  that  city,  April,  1865.  Was 
appointed  Regimental  Quartermaster,  in  June,  of  the  same  year,  when  his 
regiment  sailed  for  Texas  with  the  Twentieth  Corps,  and  performed  frontier 
service  along  the  Rio  Grande,  until  February,  1867,  when  his  command  was 
mustered  out  of  service.  He  now  bade  adieu  to  military  life,  returned  home, 
entered  the  Chicago  University,  and  graduated  from  the  law  department,  and 
came  to  California.  Was  married  to  Cornelia  E.  Cadwell,  since  which  time 
he  has  been  a  resident  of  San  Jose.  Was  Deputy  City  Clerk  from  Api-il,  1879, 
to  October,  1880,  and  Deputy  County  Clerk  from  that  date  to  the  present 
writing.  Has  two  children,  viz.:  Jes.sie  Eleanor,  born  September  12,  1870  ; 
and  Gilbert  H.,  born  October  18,  1872. 

Givens  George.  Born  in  Callaway  county,  Missouri,  January  11, 1830, 
where  he  was  educated,  learned  the  trade  of  printer,  ami  followed  it  until 
coming  to  California,  by  the  way  of  the  plain.s.  He,  accompanied  b}'  his 
father  and  brother,  arrived  September  19,  1849,  and  halted  at  Placerville, 
then  known  by  the  rather  onimous  name  of  Hangtown.  Here  Mr.  George 
mined  until  1850.  He  now  determined  to  return  to  the  Eastern  States,  and 
proceeding  ria  Nicaragua  where  he  remained  five  months;  on  reaching  his 


782  HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 

destination  he  entered  upon  the  study  of  medicine.  This,  however  he  aban- 
doned, and  returning  to  California  in  1852,  came  to  San  Jose,  Santa  Clara 
county,  in  the  month  of  December,  and  became  enc^aged  with  F.  B.  Murdoch 
&;  Emerson  in  the  publication  of  the  Santa  Clara  Register.  January  4,  1854, 
he  commenced  issuing  the  Semi-  Weekly  Tribune,  and  continued  it  until  1859, 
when  he  sold  to  George  O'Daugherty,  and  went  to  Sacramento,  where  he 
was  employed  on  the  Union  and  Bee,  until  the  Spring  of  1861,  when  he 
returned  to  San  Jose.  Mr.  George  now  established  himself  in  the  auction 
and  commission  business  in  that  city,  which  he  conducted  until  1870,  when  he 
opened  a  saloon,  in  which  occupation  he  has  been  since  engaged.  On  April 
1,  1881,  in  company  with  Rudolph  Hoelby,  he  opened  the  elegant  and  spa- 
cious establishment  at  the  Auzerais  House,  as  well  as  that  at  286  First  street. 
Givens  George  is  one  of  the  pioneers  of  Santa  Clara  county,  of  which  he  is 
a  permanent  resident.  He -owns  a  commodious  residence  on  Third  street,  San 
Josd.  Married,  October  25,  1855,  Mary  Frances  Wilburn,  a  native  of  Mis- 
souri, and  has  seven  children  living :  Ida,  Mattie,  William  B.,  Charles,  Frank 
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BIOGRAPHY  OF  MARTIN  MURPHY,   JR. 


Tins  i^entleman,  one  of  paliforuia's  earliest  Territorial   pioneers,  whose 
portrait  will   be  found  the  first  in   the    History   of  Santa    Clara    County, 
was  born  in   the  year   1807,    at    Balnamough,    County    Wexford    Ireland, 
and  is  descended   from  an  ancient  family  whose  genealogy  is  lost  in,   the 
vague  dawn  of  Hibernian  tradition.     His  life  from  infancy  to  the  attain- 
ment  of  man's  estate  was  passed  amid  those   historic  scenes   which  have 
on  one  side,  Oulercree,  whose  venerable  towers  overlook  that  lovely  vale  in 
which  it  so  beautifully  nestles,  seemingly  proudly  conscious  of  having  once 
been  the  home  of  Leinster's  long  line  of  kinsfs  while  on  the  other  is  the 
poetic  town  of  Enniscorth.     Towering  above  the  adjacent  country  stands 
Vinegar  Hill,  which  has  so  many  times  witnessed  those  splendid  displays  of 
valor  that  have  fired  the  Irish  heart  with  the  hope  of  Ireland's  independence. 
April  9,  1828,  Mr.  Murphy,  accompanied   by  his    sister    Mary  (now    Mrs. 
James  Miller  of  Marin  county),  embarked  to  join  his  father  in  America, 
who  had  eight  years  before  sold  his  farm  and  set  out  with  the  younger 
members  of  his  family  to  build  up  a  home  in  that  inviting  and  more  hospi- 
table country.     Passage  was  taken  on  board  the  Thomias  Farrell,  a  packet 
that  plied  between  Wexford  and  Quebec.     Trouble  soon  commenced,  how- 
ever, for,  when  but  three  days  out,  .stress  of  weather  compelled  them  to  seek 
refuge  in  Waterford  harbor,  where  two  weeks  were  compulsorily  passed  in 
recaulking  and  making  good  other  defects.     While  in  this  port  many  of  the 
passengers,  fearful  of  facing  the  dangers  of  the  deep,  left  the  vessel    and 
abandoned  the  voyage.     In  due  time  the  good  ship  was  once  more  i-eady  for 
sea — the  Blue  Peter  at  the  fore — the  anchor  was  weighed  and  the  voyage 
again  undertaken,  happily  with  success  and  in  the  remarkably  short  time — 
for    steamers   were   then    unknown — of   twenty-eight    days.     Arriving    in 
Quebec,  Mr.  Murphy  allowed  not  the  grass  to  grow  beneath  his  feet — he 
went  to  work  with  a  will ;  he  employed  his  time  like  most  others  of  those  days 
and  put  "  his  shoulder  to  the  wheel."     Then  he  met,  courted,  and  married 
Mary  Bulger,  a  lady  who  has  through  long  years  buoyed  him  through  life 
and  still  shares  the  blessings  that  the  world  and  a  course  of  unerring  recti- 
tude have  brought  to  them  and  their  children  in  a  yet  green  old  age.     We 
are  proud  to  .state  that  it  has  been  our  privilege  to  meet  Mrs.  Murphy — and 
a  privilege  it  is  for  any  one  to  hear  her  genial  voice  speak  of  events  that 
occurred  which  to  us  to-day  seem  wrapt  in  the  mist  of  the  almost  unknown 


792  HIStOEY    OF    SANTA    CLARA    COUNTY,    CALIFOENIA. 

past.  Mr.  Murphy  was  wedded  on  the  18th  of  July,  1831,  and  with  his 
wife  remained  in  Quebec  until  the  year  1832,  when,  cholera  breaking  out, 
he  proceeded  to  and  joined  her  father  at  Frampton,  who  had  settled  there 
twelve  years  before,  where  the  subject  of  our  sketch  purchased  two  hundred  . 
acres  of  land  and  settled  thereon.  Undeterred  by  the  vast  natui'al  obstacles, 
with  a  whip-saw  Mr.  Murphy  cut  the  lumber  from  the  felled  monarchs  of 
the  forest  brought  down  by  his  own  hand,  and  with  these  primitive  planks 
in  the  heart  of  this  primeval  region  built  a  houie — a  roof-tree  for  his  wife 
and  self.  In  the  meantime,  the  father  of  our  subject  had  left  for  the  then 
far  West — what  is  now  the  densely-populated  State  of  Missouri,  but  the 
gentleman,  a  narrative  of  whose  life  we  write,  remained  until  September, 
1842,  in  which  month  the  township  of  Frampton  was  thrown  into  a  gloom 
of  regret  by  the  departure  and  leave-taking  of  Martin  Murphy  and  his 
family,  who  had  also  determified  to  remove  to  Missouri.  He  left  behind  him 
his  first  two  children  in  the  little  church-yard  of  St.  Edward's.  Time  has 
noted  among  its  many  changes  the  disappearance  of  this  little  church  where 
the  devout  of  the  parish  flocked  from  far  and  near  to  receive  the  consola- 
tions of  religion ;  to  be  strengthened  in  their  holy  faith  with  the  refreshing 
words  of  the  gospel.  To  those  who  look  back  over  those  b^^gone  years,  will, 
with  softened  remembrances  of  those  Sundav  gatherings  in  the  wilds  of 
Canada,  learn  with  regret  that  the  little  graveyard  and  its  vicinity  is  now 
overrun  with  thicket,  wildbriar,  and  underbrush,  concealing  every  evidence 
of  a  former  civilization  and  destroving  all  the  landmarks  that  affection  had 
reared  over  dear  and  familiar  friends  who  there  sleep  the  long  repose  which 
awakens  only  with  the  dawn  of  eternity.  The  glowing  accounts  of  friends 
in  the  United  States  of  the  milder  condition  of  government  induced  Mr. 
Murphy  to  place  himself  and  his  family  under  the  protection  and  benign 
influence  of  American  institutions.  As  a  matter  of  curiosity,  the  journey  of 
this  little  band  from  Canada  to  Missouri  undertaken  nearly  forty  years  ago 
may  be  of  interest  to  those  who  to-day  fly  over  the  same  distance  linked  to 
the  iron  horse  of  progress.  From  Quebec  they  steamed  up  the  St.  Lawrence 
to  Montreal;  thence  across  Lake  St.  Louis;  from  here  once  more  on  the  bosom 
of  the  mighty  river  to  Kingston ;  again  across  lake  Ontario ;  up  the  Niagara 
river  to  Lewiston,  just  below  the  falls;  from  Lewiston  to  Bufifalo;  from 
Bufl'alo  across  Lake  Erie  to  Cleveland,  Ohio;  then  by  canal  to  Portsmouth 
on  the  Ohio  river;  from  here  by  steamer  to  Cincinnati;  whence  they  pro- 
ceeded to  Louisville,  Kentucky ;  thence  down  the  Ohio  to  Cairo,  and  travel- 
ing on  the  Mississippi,  the  "  father  of  waters "  to  St.  Louis.  From  here 
they  proceeded  up  the  Missouri  to  the  Platte  Purchase,  a  few  miles  below  the 
present  flourishing  City  of  St.  Joseph,  which  in  those  frontier  days  was  the 
site  of  a  solitary  mill  where  corn  was  ground  for  the  settlers.  Hei'e  our 
party  landed  and  were   conveyed   in  wagons  to  a   place   called   "English 


BIOGRAPHY    OF   MARTIN    MURPHY.  793 

Grove,"  tlie  name  of  a  farm  owned  by  au  En<,'lislunan,  around  whose  house 
stood  like  sentinel's  a  few  tall  trees,  which  in  that  timberless  country 
assumed  the  dignity  of  a  grove.  Here  Mr.  Murphy  purchased  a  farm  of 
three  hundred  and  twenty  acres,  devoted  himself  to  the  cultivation  of  corn 
and  wheat,  and  intended  to  make  Missouri  his  home  for  the  remainder  of 
his  life.  Happily  for  Santa  Clara  county  and  valley,  such,  however,  was  not 
his  destiny.  The  ague,  that  terrible  malarial  affection  so  prevalent  in  newly- 
opened  countries  adjacent  to  the  Mississippi  and  its  tributaries,  assailed  the 
family  and  carried  otl'  Ann  Elizabeth,  his  only  daughter,  born  but  six  short 
months  previously.  About  this  time  Martin  Murphy,  senior,  who  had  a  few 
years  before  "blazed"  the  way  to  this  far-off,  western  frontier,  lost  his 
beloved  wife — a  victim  to  the  same  malignant  fever.  These  circumstances, 
together  with  a  lack  of  educational  facilities  and  the  remoteness  from  the 
saving  influence  of  religion,  suggested  to  Mr.  Murphy's  father  the  advisa- 
bility, of  moving  to  some  more  healthful  climate,  where  his  children  might 
receive  the  advantafjes  of  education  and  be  reared  in  the  faith  of  their  fathers. 
These  views  were  strengthened  by  conversation  with  Father  Hookins,  a 
Catholic  priest,  whose  medical  skill  had  contributed  to  the  relief  of  the  suffer- 
ing colony.  He  gave  them  glowing  descri|)tions  of  California,  into  which 
country  his  labors  among  the  Indians  had  called  him.  His  grapliic  stories 
of  its  Catholic  missions,  the  salubrity  of  its  climate  and  the  fertility  of  its 
soil  decided  them  upon  undertaking  the  dangerous  journey  of  the  pathless 
prairies,  the  unforded  rivers  of  the  trackless  Sierras.  Consequently  after  a 
residence  of  less  than  two  years,  Mr.  Murphy  told  his  family  to  prepare  for 
the  trip  to  California,  and  selling  his  farm  at  a  great  sacrifice  started  for  the 
place  of  rendezvous,  Council  Bluffs,  now  an  important  city  but  then  a  mere 
Indian  post.  Here  their  co- voyagers  were  met,  the  party  consisting  of  eleven 
wagons,  twenty-six  men,  eight  women,  and  about  a  dozen  children.  Let  us 
give  the  names:  Dr.  John  Townsend  and  wife;  Martin  Murphy,  Sr.;  Martin 
Murphy,  wife  and  four  son.s — James,  Martin  S.,  Patrick  W.,  Bernard  D. ; 
James  IVIurpliy,  wife  and  one  child — Mary  F.;  Bernard  Murphy  unfor- 
tunately killed  on  board  the  Jeniijj  Lind  in  1853);  Miss  Ellen  Mur- 
phy (the  present  Mrs.  Weber  of  Stockton) ;  John  M.  Murphy,  Daniel  Jktur- 
phy,  James  Miller,  wife  and  i<mv  children ;  Allen  Montgomery  and  wife, 
Captain  Stevens,  Mr.  Hitchcock,  Mrs.  Peterson  and  family.  Mat  Harbin, 
Moses  Schallenberger,  John  Sullivan,  his  sister  and  two  brothers,  Robert  and 
Mike;  John  Flomboy,  Joseph  Foster,  Oliver  and  Francis  Marguet,  Mr.  Mas- 
tin,  Sr.,  Dennis  Mastin,  Pat  Mastin,  John  and  Brittain  Greenwood,  and  old 
Mr.  Greenwood.  About  May  1,  1843,  these  intrepid  pioneers  started  from 
Council  Bluffs  to  undertake  the  untried  journey  which  lay  before  them,  little 
thinking  of  its  thousand  dangers  and  vicis.situdes,  hardships  enough  to  deter 
the  bravest.     They  little  knew  when  venturing  toward  that  "undiscovered 


794  HISTORY    OF    SANTA   CLARA   COUNTY,   CALIFORNIA. 

country,"  that  they  were  to  be  among  the  earliest  argonauts  of  the  greatest 
commonwealth  in  this  great  Union  of  Empire.  In  the  language  of  the 
gifted  niece  of  Mr.  Murphy,  whose  genius  has  illumined  the  poetry  of  the 
Pacific  shores  and  won  bright  chaplets  of  national  renown  : — 

"Pioneers!  name  that  like  a  conjurer 

Summons  all  the  past  before  our  eyes; — 
Toils,  struggles,  wants,  and  hardships. 
Perils,  dangers,  sacrifice." 

Pioneers !  well  may  you  say  like  Csesar,  "  I  came,  I  saw,  I  conquered ! "  Yes, 
more;  vou  can  say  that  you  I'emained,  and  by  your  industry  built  up  a  com- 
monwealth freer  and  more  enduring  than  the  empire  of  Rome  itself.  The 
pioneers  of  America,  fleeing  from  an  unrelenting  persecution,  braved  the 
dangers  of  the  ocean  in  the  hope  of  finding  beyond  a  haven  of  repose  and 
safety,  were  not  surrounded  ^y  such  a  multiplicity  of  dangers  nor  subjected 
to  so  many  terrors  as  the  early  pioneers  of  California  were  compelled  to  con- 
front in  their  journey  through  the  untraversed  wild  of  the  Great  West. 
The  long  and  uncertain  march  on  the  plains,  attendant  with  its  ills,  its  nat- 
ural inconveniences  and  possible  starvation,  was  enough  to  deter  ordinary 
individuals  from  so  hazardous  an  undertaking.  These  dangers,  however, 
were  trifling  when  compared  to  the  tortures  which  the  savage  might  inflict, 
or,  the  actual  and  intense  suffering  from  cold,  when  snow-bound  and  shelter- 
less in  the  mountains  during  the  rigorous  inclemency  of  a  severe  Winter. 
Let  us  picture  a  band  of  pioneers,  houseless  and  scantily  clad,  overtaken  in 
the  mountains  by  one  of  those  fearful  storms  which  drives  the  wild  animal 
to  his  lair  in  terror,  and  that  to-day  even  impedes  the  progress  of  overland 
trains  despite  the  scientific  precaution  of  snow-sheds,  and  snow-plows,  then  we 
will  have  a  faint  idea  of  the  labors  and  sufferings  to  which  our  pioneers  were 
subjected  in  early  days.  Some  of  these  noble  souls  may  be  prostrate  with  sick- 
ness, burning  with  fever  or  shaking  with  ague,  yet  there  is  no  skillful  hand  to 
administer  relief.  Mayhap  their  supplies  are  exhausted,  and  possibly  the 
grim,  ghastly  spectre  of  starvation  is  reigning  in  their  midst.  Ah !  many  a 
pioneer  can  trace  his  backward  course  by  the  mounds  of  long-neglected 
graves  which  mark  the  way.  Fitly  indeed  should  California  enshrine  the 
memoi-y  of  her  honored  pioneers.  Gallant  men,  long  will  your  names  be 
remembered,  for  California  herself  will  remain  the  sublime  monument  of  your 
creation ;  yes,  as  long  as  her  seal-covered  cliffs  shall  continue  to  dash  back 
the  waters  of  the  mighty  Pacific.  The  Missouri  river  was  crossed  at 
Traders'  Point,  near  Bellevue.  Thence  the  present  line  of  the  Central  Pacific 
railroad  was  followed,  and  the  Elkhorn  river  crossed  in  boats  improvised 
from  wagon-beds  covered  with  rawhides  to  make  them  water-tight.  Thence 
their  course  was  directed  to  Pawnee, Loupe,  or  Wolf  river;  then  on  line  of 
the  present  railroad  along  the  Platte  river  to  the  North  Fork  of  the  Platte. 


BIOGRAPHY   OF    MARTIN   MURPHY.  79'> 

Thence  up  the  North  Fork  of  the  Platte  to  the  Chimney  Rock  and  Scott's 
Bhirts;  then  along  the  north  side  of  the  Platte  toward  Laramie;  thence  to 
Independence  Rock  on  the  Sweetwater.  At  this  point  the  caravan  halted 
for  a  few  days  to  await  a  reinforcement,  which  arrived  there  in  the  person  of 
Miss  Ellen  Independence  Miller,  whose  fascinating  manners  have  since  formed 
no  little  attraction  to  the  guests  of  her  father's  hospitable  and  handsome 
home  at  San  Rafael.  The  Sweetwater  river  was  followed  up  through  South 
Pass  in  Nebraska  to  the  summit  of  the  Rocky  Mountains.  The  Little  Big 
Sandy  river  was  crossed  to  Green  river,  to  what  is  known  as  "  Sublette's 
Cut-ofF,"  in  Wyoming  Territory.  At  this  point  the  weary  travelers  were  sur- 
prised by  a  party  of  Indians,  whose  demonstrations  were  pi-obably  made 
more  with  the  intention  of  striking  the  pale-faces  with  terror  at  their 
strength  and  formidableness  than  to  commit  any  hostile  act.  The  baml  of 
braves  after  having  surrounded  the  party,  and  having  gone  through  the  most 
approved  maneuvers  of  Indian  tactics,  as  laid  down  by  some  dusky  Upton 
of  that  day,  came  forward  and  were  friendly.  Some  of  them  were  so  friendly, 
that  whenever  an  opportunity  offered  itself,  they  did  not  fail  to  furtively 
appropriate  any  trifling  souvenir  which  they  could  conceal  about  their  persons. 
The  journey  was  continued  from  here  to  Bear  river,  and  down  Bear  river 
to  Soda  springs,  Idaho;  thence  to  Old  Fort  Hall,  on  Snake  river,  Washington 
Territory;  down  Snake  river  to  Goose  creek;'  up  Goose  creek  to  about  the 
City  of  Rocks;  thence  to  Thousand  Spring  valley;  to  the  head  of  the 
Humboldt,  then  known  as  St.  Mary's  river;  up  to  its  "sink;"  thence  to 
Steamboat  springs;  to  the  Truckee;  up  this  x'iver  to  what  is  now  known  as 
the  town  of  Truckee.  Truckee  now  is  one  of  the  most  flourishing  lumber 
centers  west  of  the  Rocky  mountains.  From  this  point  the  party  passed 
on  to  what  is  now  known  as  Donner  lake,  but  then  christened  by  the 
Murphy  party,  Truckee  lake,  in  acknowledgment  of  valuable  aid  rendered 
by  their  Indian  guide.  Here,  tarrying  a  few  days,  they  erected  a  log  cabin, 
which  Mr.  Murphy  only  saw  again  when  two  years  later  he  proceeded  to 
the  spot  to  relieve  the  ill-fated  Donner  party.  From  this  point  Mr.  Murphy 
ci-ossed  the  summit  of  the  Sierra  Nevada  to  the  Yuba  river,  where  they 
pitched  their  tents;  and  the  able-bodied  men,  after  getting  their  cattle  from 
the  snow-clad  heights,  proceeded  in  quest  of  some  .settlement  whence  a 
fraternal  hand  and  brotherly  assistance  might  be  obtained.  On  this  voyage 
of  discovery  they  first  saw  the  hospitable  haven  of  Fort  Helvetia,  so  familiar 
in  our  mouth  a,^  Sutter  Fort.  Here  the}'  learned  the  intelligence  of  hos- 
tilities between  Micheltorena  and  Pio  Pico,  and  being  pressed  into  the  service 
of  the  government  were  marched  to  Soledad  (now  in  Monterey  county), 
where  our  subject  with  his  comrades,  on  explanation,  received  permission 
to  return  to  his  anxious  family  and  friends,  who,  during  their  absence,  had 
been  deprived  of  manly  aid,  and  were  almost  destitute  of  the  proper  means 


796  HISTORY    OF    SANTA    CLARA   COUNTY,    CALIFORNIA. 

* 

of  subsistence.  On  their  return  to  Sutter's  Fort  they  provided  themselves 
with  provisions,  and  started  to  rejoin  their  families.  They  had  not  pro- 
ceeded more  than  half  way  when  they  were  met  by  James  Miller,  who  told 
them  of  want  suffered  in  the  camp,  an  intimation  which  put  action  into 
their  hearts,  and  urged  them  on  to  the  relief  of  their  well-tried  companions. 
On  their  return  welcome  joy  was  pictured  on  every  face,  justice  was  done 
to  fresh  provisions,  and  for  a  few  days  well-earned  rest  was  won.  Here, 
from  December  until  March,  1844,  were  the  party  encamped;  and  while 
at  this  place  the  first  child  of  white  parents  born  in  California  saw  the 
light.  This  was  a  daughter  to  Mr.  anil  Mrs.  Martin  Murphy,  a  young 
lady  who  received  the  name  of  Elizabeth,  and  afterwards  became  Mrs.  Wil- 
liam P.  TafFe.  About  the  latter  part  of  the  month  of  March  the  camp  was 
broken  up,  and  following  the  Yuba  river  down  in  a  southerly  direction,  and 
striking  the  head- waters  of  Bear  river,  and  cro.ssing  the  "Deep  Hollow" 
near  Jolmston's  ranch,  situated  close  to  the  foot-hills  in  the  Sacramento 
valley;  thence  to  Sutter's  Fort,  where  they  met  Bid  well  and  company.  The 
many  incidents  of  this  trip  would  make  an  interesting  volume.  At  Pawnee 
Loupe  the  Pawnees  and  Sioux  were  at  war,  but  neither  tribe  molested  the 
travelers.  The  fact  that  so  small  a  party  cros.sed  through  so  great  a  stretch 
of  Indian  country  unguarded  by  any  escort,  is  a  good  guarantee  of  their 
sagacity  and  justice  in  their  treatment  of  the  savages.  At  Truckee,  or 
Winnemucca,  the  party  divided;  Daniel,  John,  and  Miss  Ellen  Murphy 
(now  Mrs.  Weber,  of  Stockton),  Mrs.  Townsend,  Oliver  Magnan-  and  his 
brother,  branched  off  and  went  down  to  lake  Tahoe.  Daniel  Murphy  was 
the  first  white  man  to  gaze  on  the  placid  bosom  of  that  beautiful  lake 
Between  the  Platte  river  and  Fort  Laramie  there  was  a  large  tribe  of  bad 
Indians,  but  the  party  was  always  fortunate  in  having  no  trouble,  because 
they  always  treated  the  Indians  kindly,  and  consequently  were  allowed  to 
pass  undisturbed.  The  saddest  incident  of  the  trip  occurred  near  Fort  Hall, 
where  a  young  man,  who  was  traveling  with  the  party,  died.  He  was  with 
a  gentleman  named  Shaw,  who  was  driving  a  lot  of  sheep  to  Oregon.  The 
young  man  was  buried  on  the  lonely  plain,  and  his  coffin  was  made  from 
boards  contributed  by  the  different  parties  from  their  wagon-beds.  Mr.  Shaw 
continued  with  the  party  as  far  as  the  sink  of  the  Humboldt, when  he  branched 
off  to  Oregon.  His  are  the  first  sheep  recorded  to  have  crossed  the  plains. 
When  the  party  arrived  at  the  sink  of  the  Humboldt,  an  Indian,  named 
Truckee,  advised  them  to  follow  the  river,  which  they  did.  In  gratitude 
to  him  for  his  services  they  named  the  river  after  him,  and  also  gave  his 
name  to  a  lake.  This  was  the  Indian  who  guided  them  into  California. 
Thus  far  have  we  followed  Mr.  Murphy's  footsteps  across  the  then  truly 
"  boundless  prairies,  over  the  snow-clad  peaks  of  the  Sierras,  and  into  the 
fertile  slopes  of  the  California  valleys.     His  wagons  were  the  first  to  make 


BIOGRAPHY    OF    MARTIN    MURPHY.  797 

a  maik  on  these  unknown  wastes,  his  cattle  were  the  first  to  Ik;  driven  over 
the  trackless  sea  of  virgin  country,  to  him  be  the  credit  then  of  having  been 
able  to  find  himself  ready  to  equip  a  farm  and  make  a  settlement.  He  early 
purchased  a  property  on  the  American  Fork,  IVoin  a  man  named  Rufus^ 
comprising  two  leagues,  and  tliorc  dwelt  until  1S50,  when  he  disposed  of  it 
antl  removed  to  Santa  Clara  valley,  v/hen  he  ])urchased  the  homestead  on 
which  he  now  resides.  It  is  no  small  pride  to  us  to  be  able  to  give  so  full 
and  complete  a  narrative  of  Mr.  Murphy's  career,  for  it  is  not  often  that  we 
have  it  in  our  power  to  follow  the  movements  from  boyhood  to  maturity  of 
one  so  worthy — of  such  a  true  pioncjer.  Martin  Murphy  is  to-day  what  he 
has  always  been,  a  man  true  to  himself,  true  to  nature,  and  true  to  God.  We 
leave  him  and  his  most  worthy  spouse  with  the  simple,  yet  heart-felt  expres- 
sion, that  they  may  both  be  spared  long  years  of  health,  peace,'  and  happiness. 
The  golden  anniversary  of  their  wedding  was  celebrated  on  the  18th  of 
July,  1S81,  with  all  the  4clat  that  wealth  could  throw  around  it,  and  the 
thousands  of  friends  who  paid  their  respects  on  that  day  loudly  demon- 
strated the  high  estimation  in  which  Martin  Murphy  and  his  family  is  held 
by  the  people  of  California,  who  look  upon  hira  who  first  broke  a  wagon 
trail  across  the  Sierras  as  the  avant  courier  of  a  higher  civilization.  Mr. 
Murphy  desired  to  see  his  friends  on  this  occasion,  but  utterly  refused  to  dis- 
criminate by  issuing  invitations.  He  wanted  to  take  no  chance  of  over- 
looking any  of  theni.  His  friends  are  so  numerous  and  so  widely  scattered 
over  the  State,  that  it  would  be  hardly  possible  that  some  would  not  be  over- 
looked, unless  a  general  invitation  was  extended.  Consequently  ai'rangements 
to  that  efiect  were  made.  A  dancing  pavilion  one  hundred  feet  square  was 
laid  down;  hundreds  of  feet  of  tables  were  built,  wdth  sitting  capacity  for  a 
thousand,  and  immense  wine  cellars  were  improvised  and  crammed  with  the 
choicest  vintage  of  foreign  lands.  His  vast  herds  and  flocks  were  held  sub- 
ject  to  the  order  of  the  butchers,  and  San  Jose  and  San  Francisco  w^ere 
placed  under  contri  bution  for  all  the  delicacies  they  could  furnish,  and  taken 
all  in  all,  the  festival  was  the  largest  private  affair  and  the  viands  distrib- 
uted with  a  more  princely  proiligality  than  at  any  similar /V^e  in  this  or  any 
other  State,  and  could  compare  only  with  those  holiday  occasions  wdien  the 
regal  Elizabeth  used  to  go  down  with  her  courtly  retinue  to  fete  the  country 
people  at  Woodstock  and  be  for  a  few  days  the  royal  guest  of  the  lordly 
Leicester.  Mr.  and  Mrs.  Murphy's  family  consist  of:  Patrick  W.  (twice 
Senator,  once  Assemblyman,  and  at  present  General  of  the  Tenth  Division  of 
the  National  Guard  of  California — a  resident  of  San  Luis  Obispo  county); 
Bernard  D.  (the  present  Mayor  of  San  Jose,  and  who  has  represented  Santa 
Claia  county  in  both  houses  of  the  State  Legislature);  Mary  Ann  (now  Mrs. 
Richard  T.  Carroll,  of  San  Francisco) ;  Ellen  G.  (now  Mrs.  J.  R.  Arcjues,  of 
Santa  Clara  county) ;  James  T.  (now  a  prominent  grain  merchant  of  San 


798 


HISTORY    OF    SANTA    CLARA    COUNTY,    CALIFORNIA. 


Jose,  and  one  of  the  first  Bank  Commissioners  for  the  State  of  CaHfornia.  In 
concluding  this  biography,  as  well  as  the  history  of  Santa  Clara  county,  we 
would  observe  that  if  there  is  any  special  honor  due  to  our  pioneers,  the  fame 
indisputably  belongs  to  Martin  Murphy,  Senior,  and  his  family.  Truly  we 
say,  Palmam  qui  meruit  ferat.  Honor  to  whom  honor  is  due,  and  thus  we 
fittingly  close  our  labors,  thankful  that  we  have  been  placed  in  a  position  to 
put  on  record  a  fact  which  though  patent  to  all  is  yet,  however,  sometimes 
unremembered. 


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