Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1895-03-30
THE FIRST DIVORCE.
A CALF ORNIA .ALCALDE GOT
TANGLED IN THE LAWS.
An Amusing Scene Shortly After the
American Occupation of tho Golden
Stato-why an Irishman Should Not
Testify-Treaty of Guadaloupo.

Inc nrSJ divorce case In tne local
history of California, now the land of
easy divorces, is remarkable for its
romantic, tragic and comic incidents.
The suit was tried under American
law by a Mexican alcalde who could
neither read nor speak English.
For short period after the Ameri-
can conquest of California the Mexi-
can alcaldes were continued in office
until their successors could be in
stalled, in order to preserve the SEM
blance of legal authority until the
Americans could put their government
in motion. Such thing as divorce
case was unknown to Mexican pro-
cedure, and when an American, Ed
Thorworth, asked for dissolution of
the bonds that bound him to the faith
less Mrs. Z. +. Thorworth, the alcalde
was every sorry" he knew there was
no precedent, and without precedent
justice can do nothing. However, as
the persons were Americans, he de-
cided to accommodate them. He at
once sent one of his officers with his
gold-headed cane to the woman. This
was his method of summoning people
to court. To refuse to respect this
mace was a contempt of court.
The novelty of the proceedings at
tracted more of the curious than the
palacio could accommodate. The
plaintiffs attorney, one Barton,
refugee from the states, and who was
not a lawyer, introduced the first
witness for the plaintiff, an Irishman.
The opposing counsel humorously
objected to the Irishman testifying,
saying an Irishman was not a citizen
under the new order of things. The
wise alcalde consulted with himself,
and finally said: 81 have personally
read the treaty of Guadalupe
Hidalgo, and under the wise provis-
ions of that great treaty Mexicans
become citizens of California, but 1
see nothing in said great treaty per-
mitting Irishmen to become citizens;
therefore, the Irishman cannot testify. p"
When this wise ruling was inter-
preted to the Americans there was q
disposition to laugh, but they knew
that such indignity meant week or
two in the calabazo.
The next witness, Woozencraft, tes-
titled that of his own knowledge he
knew the woman to be guilty.
Where were you born?" asked the
alcalde.
"Salt Lake City," replied the shame
less witness.
There can certainly be no more
men like you," said the alcalde, look
ing at the fellow with scorn. ~ DO
not believe what this witness has
sworn-remove him from my pres
ence." The officer pushed the fellow
out of the house.
The plaintiff offered several other
witnesses, but the alcaide said: at is
unnecessary. l shall now decide this
case according to the laws of this
great country-the divorce is not
granted!'
The lawyers were at loss to see
where the laws ''of this great coun-
try" came in, but an alcalde's decision
was final. 1t was the court of first
and last resort.
The alcalde took his gold-headed
cane and with great dignity marched
| OuG OF Jne court room.
At this moment a United States
| deputy marshal entered and laid
'slawful hands" upon Barton, other
wise Gardner The officer read the
warrant charging Gardner, alias Bar
ton, with felony in robbing the United
States mails. The angelic town was
indignant over the arrest OF one OF
her ''best citizens" on such grave
charge. The officer related that the
prisoner was well known in Ohio as
"Pop" Gardner, and as government
mail contractor had stolen nearly
100000. He was entrapped at Gin
cinuati through a decoy letter and
| placed in Jail. Some of his confederates
aided in his escape, and he fled
to New Orleans, and thence to Ha-
vana. The fact of his being pursued
gave him an unenviable notoriety in
Havana, and though his offense was
not eXtraditable, the Spanish author
tiles placed him under surveillance,
and finally ordered him out of the
country. In the meantime, our gov
ernment had offered reward oil
| $4,000 for him. He then fled to New
York and to San Francisco. Here he
met a confederate OF New Orleans,
Blanco, to whom he owed some of his
stealings. Blanco informed the
authorities, but he had again fed.
ave finally tracked him to this place.
and now we have him safely" con-
cluded the officer.
Barton had been for some time act
ing as a lawyer and conveyancer, says
the Philadelphia Times, and after his
arrest there was considerable litiga-
ton for years over forged titles and
mortgages on ranches.
On arriving at San Francisco Bar
ton sued out a writ of habeas corpus.
There American judges were on the
bench. Notwithstanding the old adage
that the person who argues his own
case has fool for client, Barton
conducted his case and was released.
He left the court room and mysteri.