The morning call., 1892-07-21
SLEEK CARPENTER.

showed how Carpenter worked his little
game in 1852 have been seen by CALL rep
resentative.
One of these Is an affidavit made by Ed
ward Gibbons on May %, 1858, from which
the following is taken:
Edward Gibbons. being duly sworn, de-
poses ana saws mat be is resident of the
city OF Oakland, in the county of Alameda
State of California, and has resided In Oak
land since the year 1851; that he was re-
siding in Oakland at the time of the passage
OF the act to incorporate the town OF Oak
lard, TO wit, Oh the 4th day of May, 1852,
and had been residing there for several
months previous TO that date: that so far
as he knows or Is informed, there was no
petition nor request of the people OF that
place (which was then and had been pre-
viRusly known by the name of Contra Costa.
and never by the name of oakland to the
Legislature for the incorporation of said
town, nor was the subject of its incorpor-
alton previously discussed among the peo-
pie, nor the intention TO incorporate it
known to them; that there has been no
public meeting in regard TO any intended
incorporation of said town, and that the
DO .ulatlon OF the place aid not exceed 20 or
so persons; that when the news reached the
people Of the incorporation of the town of
Oakland by said act of the Legislature it
was received by them with great surprise
that 1t was afierward ascertained, as de-
ponent was Informed and believes, that the
town had been so incorporated at the insti-
CATION and through the agency of Horace
w. Carpenter.
THAT few days after the passage of
said act OF INCORPORATION, to wit, on the
10th OF MAY, 1852. an election of Trustees
and other town officers was held, aud the
Following persons were elected Trustees,
viz: Amadee Marier, A. w. Burrell, A.
Moon. f. Adams and the said Horace Car
pentler; that day or two before the said
election the said Carpenter showed the de-
p0nent ticket containing the names of
persons TO be voted for at the election, on
which were the names of the five Trustees
above named, ana who were afterward
erected; That at the time the said Horace
w. Carpenter, A. Moon aud f. Adams
were partners, and as such dealing In town
lots, aud deponent advised the said Car
pentler 10 strike of from the ticket the
name OF A. Moon or T. Adams, for the rea-
soa that three partners should not be on the
Board of Trustees, but he refused 10 do so,
ana the three were elected that the said
Horace w. Carpenter never qualified or
took his sea, as member OF the Board OF
Trustees, and no election was ordered or
held TO NIL the place to which he had been
elected, but until the next annual election
the four remaining Trustees composed the
board
And deponent says that afterward, to
wit, about the 18th day of Nav 1852 he
Opponent, heard OF the passage by said
-
water front Of the town to the said Carpen-
tier, and i'm mediately went TO said Car
pentier and inquired of him the nature OF
II; that said Carpenter in reply said TO
HIM that II was TO secure the water front TO
the town; that there was some talk of q
called session of the Legislature, and if
there should be called session of the
Legislature The act Incorporating the town
OF Oakland would be repealed and he did
not want TO see the town deprived of so
uni
1t would enable settlers 10 make better
terms with the Spanish claimants in case
the Spanish grant were confirmed; that he
would rather depOnent would take it, or
any other responsible person, than hold 1t
himself; that 10 was a mere conveyance in
trust for the safekeeping of the property,
aud that he would give bonds, If necessary,
10 restore II 10 the town, and added that
there was no necessity for the peOOle KNOW
ing anything about the transaction; that
the said Carpenter requested deponent to
call upon the said MaTler. who was presi-
dent of the board. and say to him that he
(Carpentier) would give bonds to restore
the property 10 the town, aud 10 repeat to
the said Marer what he (Carpenter) had
told this depOnent, which request deponent
complied with.
"DepOnent further saws that on the night
OF the same day. TO wit, the 18th day of
May, and after the conversation had as
aforesaid, deponent was present at meet
liE VI TIE Oh 1TuStcce, the SAID Car
pentler was present and stated publicly 10
the board in the hearing of all present that
as some dissatisfaction had been expressed
in relation 10 that ordinance he would alter
1t 10 term of years or 10 limited time, or
words 10 that effect; that the words 81
years, or the words for the period of 81
years, were then inserted by the said Car
pentler, the ordinance having been recon-
sldered, as deponent supposed. and for the
declaration Of said Carpenter, so as to limit
the estate or interest in tine water front of
the town 10 be- vested in said CARPENTER to
the period Of 81 years, or such shorter period
as the authorities OF the town might at any
time thereafter determine, and IL Was
not until after the lapse Of six or eight
months that deponent discovered that the
said words had been so inserted as only to
apply to the right to collect wharfage md
dockage and not TO the grant OF the water
front; that the said ordinance APPEARED to
be In the handwriting of said Carpenter,
who, In the presence OF the board, himself
inserted the words
Another affidavit, bearing the same date
as that OF the Gibbons document. was made
by Amedee Marier, who was a member of
the first Board of Trustees and president of
the second.
Marier swears that Carpenter told him
privately that he did not care to have tile
grant made TO himself, but that he would hold
IL In trust Tor the town, and reeonyey it TO
the town whenever requested. Relying
upon these representations, Marier con-
scented to support the ordinance The
amendment was made to the waterfront
trust document at his request, striking out
the word forever" inserting 49, years" in
stead.
Marier swears that at that time he knew
very little of the nature and effects of
deeds and grants, or of the forms and
modes of doing business in municipal
bodies, and had unlimited confidence in
Carpenter, VINO used 10 act as clerk and
draw up papers for the Board of Trustees
and its members, and advise and counsel
them In all things pertaining to municipal
affairs, no member of the board being able.
unassisted, 10 draw up an ordinance.
AS showing what surprise it was to the
people oil Oakland when they found what
Carpenter had done for them in the Legs-
lature-that is To say, incorporating the
town OF Oakland and other acts calculated
10 feather his own nest, Marier declared in
his affidavit:
Prior to the passage of the act
OF The Legislature incorporating the
town OF Oakland, the name of the place
was Contra Costa and IL had never been
called Oakland so far as the deponent
knew. No proposition had ever been made
among the residents of the place to change
the name or to have it Incorporated; nor
had there ever been any discussion
upon these matters, nor any wish
expressed for the incorporation of
the town. AT the time of the passage of
the act there were only rs persons residing
at the place. When 1t became known
among them through the newspaper that
a town called Oakland, In Contra Costa
County, had been Incorporated the people
did not know that it WAS the town where
they lived, and 1T was subject of discus
sion among them where the town of Oak
land was"
That was the neat, quiet way in which
Carpenter went to work. 1t shows the
sleek. slippery character of the man.
TheE he put through bis big lob. defraud-
ing the people OF their rights. and the Job
still remains job, and it still smells unto
hiuh Eaa