The record-union., 1891-08-15
THIRTY YEARS AGO.
How Justice Was Dispensed With at
Mud Springs.
The MarysvilIe Marshal Who Stood
Off Tom Bell's Gang-The First
Flag on Mt. Shasta.

Some months since a letter from ex-
United States Senator John Conness was
printed in these columns, giving
humorous account of the trial of case in
a Justice Court III Georgetown, FL Do
rado County, in which he participated as
one of the counsel And now comes an
other reminiscence Of the same sort from
the PlacerviIIe Democrat, in which that
paper says:
People of the present day have little
idea of how justice was administered in the
early days of California, and yet perhaps
no part of the United States domains was
more exacting as to how the monkey
weighed the cheese" Even El Dorado
County can boast of rare examples OF
justice, and there are those Of us yet liv-
ing who may remember an incident IN
point, which occurred at Mud Springs.
1t is proper to say the occurrence took
place before Mud Springs changed its
name and put on its new apparel, and
was prior to the incumbency of Esquire
Jim Mccormick or his immediate prede-
CGSSOr, Justice Irwin.
1t seems that q colOred man and Chi
naman had gotten into an alteration
about mining claim, and finally came
to blows. While in the act OF settling the
dispute in this way, with the prospects IN
favor of the Chinaman, our honorable
Justice of the Peace Of Mud Springs
Township came upon the scene, and was
the only witness to the contest. His duty
as a cOnseryatOr Of the peace compelled
him TO separate the cOmbatantS-the col
Ored man now being particularly an&-
ious to be separated, and Withal disposed
to feel hurt that the Squire didn't get
along sooner.
With an eye to business, the Squire
told the colored man it was his duty to
have the Chinaman arrested, and that he
could not, even though he was a niger,
COndOne the act Of assault and battery,
and so make himself amenable TO the law.
Now, the cOlored man had good deal
rather fight the Chinaman this way than
the other, and so sWore out warrant ana
had the Chinaman arrested.
The Chinaman was duly brought be-
fore the honorable court. The Squire be-
ing the only witness in the case, after duly
and formally opening the court, pro-
ceeded to swear himself. before himself,
and examine himself The OathS may
not be ironclad, but wore as follows:
~ - -, do hereby swear myself,
before myself, that l viii true answers
give 10 all questions concerning the fight
between this nigger and this Chinaman,
so help me Isaac
After due examination of the witness
and the proper time for 'advisement'
the verdict was rendered as follows:
Here, you nigger, this honorable court
finds a verdict against you for all the
costs in the case, and serves you right for
letting the id Chinaman lick you.'
There were no attorneys in the case, SO
no motion for appeal was made.
........C. c. Goodwin, Of the Salt Lake
Tribune, in writing Of some OF the early
characters and events in California, III
recent issue OF that paper, refers to one of
the first MaTShals of MarySVille:
I'm those old days there were several
wonderful men in that region. Captain
William King was Marshal OF the city Of
MarysVille. A notorious robber had in
tested Northern California for two or
three years. His name was Tom Bell.
Unaided, King ran him down and finally
closed in with him, Bell and his gang
fighting with rifles and King with a
single revolver. He fired out all his
shots, but failed to get any Of his men.
Two OF three days after that he received
note from Tom Bell, which read this
way: DON'T think you got the best of
us. We could have killed you easy
enough, but told my men not to kill as
brave man as you are. When a man
with revolver will fight Tom Bells
gang, armed as they are, and show no
sign of trepidaGOn, III the opinion of the
gang, such man ought not to be killed.
That accounts for your being able to re-
ceiye and read this letter at this time.'"
1.-The squatter question was still
unsettled thirty years ago in this city, al
though numerous bloody riots had taken
place prior to that time, and the courts
had been endeavoIing TO adjudicate the
differences existing between the Sutter
Grant claimants and settlers. on the
9th OF August, 1851, a meeting Of settlers
was held at the lime-hOuse on Sixth
street, near X, TO consider the advisability
of nominating ticket Tor the approach
ing election.
Hartford Anderson, now Justice of the
Peace at Folsom, presided, and j. Finni-
gan was Secretary. John Rooney wanted
a County Convention called, and adj
dresses were made by J. II. Warwick
Moses Stout, b. y. Stausbury, II. c. Har-
yey, @. W. Colby and others.
4 Nominating Committee was finally
named, composed of Joseph Hull, B. j.
Stausbury, II. Anderson, Eli Mayo, II.
C. Harvey, II. NJ Clark, T. S. Lardner,
A. Caruthers, NJ. Stout John Rooney, d.
H. TAFT, l.. Is. Drew, Patrick Bannon, J.
Il. Day and John L. Madden. This com
mitteo later on made up county ticket,
selected chiefly from among the Republi-
can, Democratic and Union Democratic
nominees.
......... When Rinaldo r. Livingston was
cruelty beaten by school teacher in
Grammar school No. /, Billy Hamil-
ton was one Of the pupils who did not
hesitate 10 express his opinion of the
teachers act, and he, too. was suspended.
At the next meeting Of the Board
of Education James w. Coflroth appeared
on behalf of the lads mother and de-
mandcd that Billy be reinstated, or else
that the whole affair, leading to his sus-
pension, be investigated The board or
dered, unanimously, that the pupil be re-
instatcd.
From that incident dated the strong
friendship that ever after existed be-
tween the distinguished lawyer and
young Hamilton. When the latter was
old enough to leave school he became q
clerk and student in Coffroths office, and
remained with him until the latter
death.
......... Every once in a while the ques-
ton arises as to who made the origina
bear flag that was raised at Sonoma. II
used TO be said about Napa that old Peter
storm, a saddle-maker, who lived in the
mountains near ST. Helena thirty years
ago, MAS the builder of the flag, but {
correspondent of the Napa Reporter thus
knocked the props from under Peters
claim He said
william Todd OF Sonoma is the person
who first got up the bear flag. lt was
painted on q piece Of coarse muslin, and
The bear and star were drawn with q
piece Of red chalk while the stripe ON the
bottom was made from Matthews wife'S
red flannel peIticoat. Peter storms flag
was painted in Napa in 1915, and l fur
nished the materials. The cloth was green
A party were going TO Souoma to attend al
election, and the nag was got up to parade
80 lot q.