The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-08-18

and he acquaints himself with the value and
wei ght of evidence; to show him that hearsay
testimony cannot be received; that the jury
passes on facts and the Judge on evidence.
1t is instructive, and 1 believe 1t is mans
duty to serve the people as iuryman. There
is, however" said the Judge, stroking his
beard and looking thoughtfully across his
room in the Palace, "a vast difference between
the process of conducting the courts to-day
and the system in vogue when 1 enjoyed the
distinction of being elected Alcalde in Marys-
vile in 1850
az had come overland from the East and
landed at the town site before it was occupied
by houses. The settlers there threw up a rude
building and had the pleasure of sleeping on
the one remaining board left after the house
was completed. 1t was said at the time that
had my board and lodging free.
"Finally we decided to form town and had
meeting for the purpose of formulating a
plan of government and the election of Off
Gals. 1t occurred to me that the only salaried
position within the gift of the people was that
Of Chief Magistrate or Alcalde, SO / suggested
that be selected for the place. Suddenly there
sprung up an opponent and it was said of me
that had not been in the camp long enough
and that was carpet-bagger. AS matter of
fact had been there six days and my oppo-
men had been there nine days. At the cleo
ton 1 beat him few votes, nevertheless, and
was properly installed, with the assistance of
myself, as 1 drew up the certificate of my cleo
ton with all the formality at my command.
81 had entire charge of the justice of the
settlement, adjusted all disputes, decided all
questions of claim and legality, and soon found
myself at the judicial head of a prosperous
commonwealth. l must not forgeIto tell you,
however, how we named the town. At meet
ing called for that purpose I made a speech,
and said, among other things, that we were
surrounded by gold. This was a cue for some
inventive fellow, and he suggested that we
call the town Circundar Orc, which means sur
rounded by gold. This ALMOST carried, but
another settler got up and said that there was
woman in the camp, whose name was Mary,
and ne thought it would be best to give her
some recognition for first appearance, and it
was decided with hurrah to call the town
Marysville. That's how it happened, and it so
remains to-day.
az am reminded of funny incident that
happened there. l was walking along the
main street one day, and fellow rushed up to
me with the information that certain indi-
vidual near by had stolen his horse. and he
wished me to decide the case on the spot.
swore them both, put each under cross-exam-
ination about the brands on the animal, and
went through a rigid investigation, after
which decided that the fellow in possession
of the animal had stolen 1t. I ordered him to
turn it over to the rightful owner, and then
the thief wanted to know if he could have his
bride. l told him to take it, and he then said
that he desired to purchase the horse. bill
of sale was drawn up on the spot, and a sale
was made right there. They both wanted to
know what my fee was. 1 said one ounce
apiece. They paid it, and were so delighted
with that method of dispensing law that both
went off and had drink, in which l was in
vited to join"