The herald., 1894-04-30
The Man Whom Justice Favored
and the Law Robbed.
Personal RecOlleetiOns by One Who
Knew Him Well.
Hiatory OF Such Wrong and Such an
Outrage as the Founders of Our
Govsrnment Would Have
Deemed Impossible.
sCommunicated.l
Los ANGELES, April 28.

( low the present location OF Wells, Fargo
x Co.'s bank, stood a two-story brick
store. A sign over the lower story in.
/ formed the reader that McKinlay, Gar.
rioch q Co. occupied that portion OF the
house while smaller sign over the hall
way, which led upstairs, told that the
second story was occupied by William
McGarrahan. He had been a wholesale
liquor dealer. and had amasHed consid-
erable money, but was even then con-
tracing his trade and preparing to go
out OF business. By 1856 he WAS off the
street, having purchased from the orig
inal grantee a body of land in what was
then Monterey county, but is now San
Benito.
At that time there was United States
/ land commission in session almost daily
in John Parrott's building, at the north
west corner of Montgomery and Caliior-
MIA streets. afterward occupied by the
Union club. This commission consisted
OF i've members, OF whom Harry l.
Thornton, sr., and Alpheus Felch are
the only two whom l can now remember.
The procedure was that this boards de-
Liberation should be final ii no appeal
were taken. But appeal could be had
to the United States district court, and
thence to the supreme court of the
United States at Washington.
When this case came up for adiudica-
tion before the federal land commission
neither McGarrshAn nor the Mexican
grantee from whom he purchased the
land anticipated any contest whatever.
Tho grant maa EDOwp a
Grande, and was ostensibly available
for no other purpose than grazing. At
that time this was virtually mining
state. True, James Lick had built a
mill on the Gusdslupe river. with ma.
hogany bolting chests, and the clipper
ship Flying Dutchman had landed q
cargo OF California wheat in New York |;
but lone swallow does not make sum-
mer." Hence McGarrahan regarded his
new possession as purely and simply a
stock ranch.
AT that period liquid quicksilver for
use in the state sold for 81 per pound,
although rebate of 20 per cent was
given ON all shipments to Mexico, Peru,
Panama and Australia. ThesRnly mine
then worked in the state was the Alma
den, located IA miles from San Jose and
owned by the brothers William and
"Pepe" Barron. They controlled the
quicksilver trade more completely than
the Southern Pacific people do the carry
ing trade today.
Just about the time that McGarra-
hans case was to come up before the
land commission somebody stumb
upon a MACS OF float rock" containing a
large percentage of ciunRbar, on the
Panoche Grande grant. The discoverer
sold out his rights to William Neeley
Thompson of Suscol, Napa county, for
S40,0 ,000 and left ior Mexico. Danisl
Gjbb, Scotch merchant doing business
at Front and Vallejo streets, became as.
sociGted with Thompson in the manage
ment OF the property and worked the
New ldria mine, 30 well to hie own ad-
vantage that, by 1862, he had Thomson
forced into bankruptcy. Glib died
about 1865, and by that time the New
Idria had attracted attention of other
capitalists at the east. 1t finally changed
hands until it became the property of
D. O. Mills. Mills income from it is
understood to be about $27, coca month.
But am getting on too fast with my
story. | said before that McGarrahan
expected no contest of his claim to the
Panoche Grsnde, but the discovery of
quicksilver had awakened the fires of
opposition in the brothers Barron, They
were both dull and stupid men but thew
had very shrewd and most unscrupu.
lous adviser in the person of the late
| Thomas Bell, who was at that time their
| confidential clerk. 1t would never do 70
have an opposition trade in quicksilver,
to cut the price down certainly to 20
cents and perhaps lower. So then and
there was organized the opposition to
William McGarrahan's claim for which
be had paid the grantee $4,000 in cash
in 1855.
Just see what that sum OF money
would amount TO now ii put out at sim
plO interest alone, ct 10 per cent per
annum, which is less than half what it
! commanded at the time OF purchase /;
just exactly $4,000. Or if the interest
at 10 per cent WAS compounded thence
to the present date, it would amount to
something in excess Of two million dol
lare. And cut of this money, as hon.
estly belonging to him as does the
nickel to the bootblaek who gives you
your mcruinG 'uhine," William McGar-
rahan was robbed and iobbed up to the
very hour of his death.
In the investigation before the land
commission, Judge Thornton and one
other we're in favor Of allowing McGar-
rahaI { claim, Mr.. Felch and the other
two were against it, although in after
wears Judge Thornton told me he had
never seen case in which the equities
were as broadly marked in clamant'e g
favor. The dissention in this tribunal
! carried it before the district court, and
a second decision was rendered against
.McGarrahan, not upon Issues of fact
or even OF law, but upon the most
thread bare OF technicalities. Thence it
went TO the supreme court of the United
States, which also decided against him,
alter rendering an opinion ia which
they gave him all the facts and all the
law in the case.
McGarrahan then brought the matter
before congress in the shape OF bill for
mis- personal relief This was a Repub.
liean congress and McGarrahan wss O
Democrat, but the bill carried its equity
on ita very face and it passed. Never
deaf to the demands OF Justice "the
martyr president" Abraham Lincoln,
signed the bill. Nearly two years skipped
by before the attention of the Depart
ment of the interior could be brought to
a recognition of the case and the mer-
cenary Harlan-a preacher who had for
saken God for Mammon and could not,
even then serve Mammon with decency-.
WAS secretary of the department. Mr..
Lincoln peremptorily ordered him to
issue MeGarrehan G patent within 10
days. One delay efter another followed