Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1890-01-19
hIRTY YEARS AGO.
JOHN CONFESS FIRST EXPERIENCE as
A COUNTRY LAWYER.
Desperate Battle with Highwaymen-
Death of Cherokee Bob-A
Sacramento Murder.

takes a lively interest in the SUNDAY
UgIoSs "reminiscences of thirty years
ago, at which time, and for many years
thereafter, he was a prominent figure in
CALIFORNIA; public affairs. He contributes
this week sketch of an incident in the
early history of Georgetown, Ell Dorado
county, where he formerly resided, which
will no doubt be readily recalled by his
fellow-townsmen who may be still living:
Perhaps nothing growing out of the early
settlement in California" he writes, twas
more grotesque or humorous than the tri-
ais IN Justices Courts, not to speak of those
in purely miners courts. have recollec-
ton of one which took place in George
town, in 1851. A miner of Georgia Slide
came into the town to spend his Christmas
and New Years holidays. He put up at
an hosiery kept by DR.. O'Brien and his
wife. The doctor dispensed medicine, and
his wife creature comforts. After some
dissipation, my client (at later stagel was
sued by the doctor for $500 for alleged
board and medical services, his mining
claim attached, and no less an attorney
than the late Attorney General Thomas II.
Williams was employed TO prosecute the
claim. The defendant was utterly ignorant
of the law, neglected the case and judg-
ment was taken against him by default for
the full amount claimed, costs, ETC. A
week after he walked up, on steps being
taken to sell his valuable claim, and, fail
ing to find an attorney, he came to me,
stating his hard case. l was not an attor-
ney, but any one might plead in the JUS
tices' Courts. aud feeling from his state
ment that he was being badly squeezed, l
concluded to apply for a new trial. The
Justice was a character. 1t was Napier
Lothian, who had been elected by the vote
of the gamblers, he having connection
with that popular profession. He was not
a bad man; indeed, he was one of the most
harmless and innocent men / ever knew
who was connected distantly or remotely
with gambling. He was a devotee of
music, and blew harmonious notes from
clarionet, wheA not otherwise engaged,
and was rather a favorite with every
body. We moved before his Honor for
q new trial, stating the hardship of the
case, the Ignorance Of the defendant as to
the law, and some points showing that my
client was the victim of grasping landlord
and landlady. Attorney Williams rose, and
opening the statutes read plain text provid-
ing that a motion for a new trial must be
made within four days after Judgment. We
replied that this application was in time, IN
less too strict construction of the statute
should be made, and that it was contem-
plated that there must be a lapse of
over four whole days to justify a refusal.
The righteous and tender; hearted magis-
trate caught on to our idea, and raising
to perpendicular his digits, so operated
them with the other hand as to show that
to make four whole days required clearly
one whole day on either side Of the four,
and as this was the sixth day it was impos-
sible to refuse the motion, and was granted.
A day was then fixed for the new trial.
We showed that our client had come into
the town for the celebration of the holt
days, was provided with money, had i'm
bibed too much of the ardent, grew very
sick at his stomach, was looked after as any
public house keeper was bound to look
after customers, aud when his money was
gone he was employed for month to la
Dor for the doctor and his wife, and finally
this suit for an enormous amount of money.
We discredited the charge, put in as an off
set defendants labor and thought when
the case was tried we would win it surely.
We were so favorably impressed with the
See that we did not call for jury, and
proved a serious mistake. When his
NnSnor came to decide, he said: 1t does
not seem to me that the former verdict
was justified in this case, but it is
also clear that if the defendant
did not owe something to the plaintiff, the
suit would never have been brought, and
therefore l will divide the amount and
give judgment for S200r And thus we
fell-the victim at once to the simplicity
and sense of justice of the Court"
.... Those were days when men had
to pay roundly for the use Of money.
Samuel Norris was then the owner of the
Rancho del Paso, TO which he had received
a Government patent. He needed money,
and borrowed heavily from Lloyd Teyis,
who charged him two per cent. per month
on some $4,000, the interest TO be COM
pounded monthly. In January, 1850, an
action was begun by Lloyd Tevis against
Norris to recover the sum of SIC, 455, the
amount of the principal and interest due
on note for S64 900 given in April, of the
preceding year. The suit also embraced a
claim for 81 600 and another for 81 700 sub
sequently lent Norris on separate notes. As
security Norris had given Tevis mortgage
on the Rancho del Paso IA 900 scres), and
several pieces of Sacramento City property,
including the Orleans Hotel. This was the
beginning of the litigation that finally re-
suited in the great rancho passing into the
possession of Tevis, and subsequently into
the hands of Tevis partner, J. B. Haggin,
the present owner, when the firm of Haggin
g. Tevis was dissolved several years ago.
The property is worth probably million
and half to-day.
Officers Gay and O'Neill had des-
perate fight in Calaveras county with stage
robbers one day in January. 1t had been
learned that an attempt would be made to
rob the stage running between Angels
Camp and San Andreas, at certain point,
and the officers hid in the "boot" of the
vehicle, while the passengers got out and
remained behind. 1t was after dark, and
when the stage reached the spot
where the highwaymen were concealed
the latter fired a shot to cause the driver TO
halt. Then they came into the road and
approached the horses, when the officers
alighted and turned loose on them. Cher
okee Bob, the robber who had the driver
covered with pistol, was shot down and
killed, and a desperate battle ensued. Some
twenty or thirty shots were fired, and
officer Gay was wounded. The officers,
however, pursued the robbers, while the
passengers came up, entered the stage and
went on.
-......Early on the night of January 18th
a cold blooded murder was committed in
this city, the victim being ]. P. Ritz,
porter in Baker & Hamilton's store. He
had gone to the residence Of friend named
Wilson, on Water street, near the Ploneer
Mills. While there some noise was heard
in the yard, and shortly after he left the
neighbors heard pistol shots, and on run
ming to the spot found Ritz lying nearly
dead in the street and saw man running
away. Ritz was shot in two places, and
died in few minutes. Officer Burke had
the body removed to the Coroner's. 1t
was learned that 8 shoemaker named
John Palm, whose place was on Sixth
street. between and X, had threatened
Ritzs life If the latter did not pay an al
legged Indebtedness, and officers Burke and
McClory thst night arrested Palm and his
employe, one Peter Hubbard. The latter's
boots were found to it the footprints lead
ing to and from the scene of the murder.
The Coroner's Jury returned verdict that
deceased came to his death from pistol
ball or ganshot wound inflicted by Peter
Hubbard, and that John Palm and his
wifeswere accessories thereto.
.......-.Qulte a scene occurred IN the Court
of Sessions on the 14th of january.
County Judge Robert Robinson had ap-
pointed Justice Hodskins, OF American
Township. as Associate Justice. vice w. b.
Whiteside, resigned The Supervisors,
however, with the advice of District Attor-
ney Cornelius Cole, elected George g.
Berry, of Brighton, to Gil the vacancy.
Tue latter presented himself on the morn