The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-06-23
BARNES AND THE GEN|L
The Touching and True Tale
of an Undelivered
Speech.
HOW AN OPPORTUNITY CAME.
The General Appears as Counsel
for Himself in the Justices
Court.

General w. II. L. Barnes was defendant
in suit tried yesterday before Justice OF
the Peace Cook, in which Henry l.. Oaks
sought to recover claim of SIS for some
| manuscript furnished the general touching
the early history of San Diego.
The claim dates back to August, 1892,
about which time General Barnes had been
engaged to deliver an GRAFTON at some cele-
bration or other in San Diego, where he
was stopping for the time. The occasion
called for a reference to the strong points
of the history of the city, and the thought
occurred to him that perhaps by writing to
Bancroft, the historian of these parts, he
could get something that was not thread
bare, and would be interesting and perhaps
new to his hearers.
So he wrote a query to that effect, and
was referred to a Mr.. Stone, who wrote
him that he could find the man with the
desired information in Henry l.. Oaks.
1t seems that the further correspondence
was carried on by the generals clerks. At
any rate long manuscript came to him in
the mail one day, and for this subse-
auently bill for S75.
The general never delivered the oration
as sickness in his family prevented him.
That did not prevent Mr.. Oaks from dun
ming him, and, because he thought the
charge exorbitant and the goods worthless,
the general refused to pay, until, finally,
suit was entered. Then General Barnes
sent to Cakes $50, hoping it would result in
having the suit called off.
But it did not. The suit went on for
the S25 balance remaining. and, as stated,
was tried before Justice Cook yesterday,
where these facts were developed.
George r. Williams appeared as counsel
for Mr. Oaks and General Barnes proved
equal to his own case, being at once his
own counsel and his own witness. He was
on the stand for long time under cross
examination during which he entertained
a well-filled courtroom.
His remarks touching the literary quail
ity OF the manuscript were not compli-
mentary. at was simply an almanac of
dates that any one of my clerks could have
prepared from any book on California had
l wanted it, but didn't want it. What l
wanted was something more than a recital
of figures It gave me no information to
my purpose"
What did you know about the history
OF San Diego then?" asked the plaintiffs
lawyer.
Now this was right in General Barnes
line. He had missed the opportunity of
telling the San Diegans what he knew
about them and perhaps had never met
anybody since who was really interested in
the matter, so that that speech, with its
tory of the southern city with all
its warm Spanish coloring, its dash
and daring. its songs and its love
stories, had lain smothered in his mem
DRY these several years all in the fervid or
der in which the general had arranged it
awaiting an almost unlooked-for day when
some one might ask him, ''What do you
Rnnw a hOnt tho oor1U hicfnrxy Of Co
Diego?'
The gates of his memory fell back and
light streamed into those dark cham bers
which had been closed on that undeIiyered
speech since 1892, and, like the genii when
the seal of Solomon was removed from the
copper vessel, it came forth to be a giant
and destroy Mr.. Oaks case.
Almost in surprise General Barnes leaned
forward. "What do l know about the
history of San Diego that this, man did not
tell me?" Meantime the genii rising odt
of the uncorked vessel and stretching
itself and surveying the court and the an
tagonist.
''Well, I'll tell you" said the general,
and leaning back, making himself COM
Portable, without ostentation or effort for
effect, but as witness answering a cues
ton, that long neglected speech was re-
leased and for half an hour marched
through the courtroom in all the pomp of
General Barnes best periods.
The counsel for the plaintiff tried to in
terrupt or object once, but the court had
become Accordingly interested in the early
history of San Diego and would not permit
it. The audience, largely composed of
lawyers, also caught in the spell of the
genii, were intensely interested and
amused, laughing immoderately at times.
When he had finished. the counsel
pulled himself together and said: s'How
much of this did you learn from Mr.. Oaks
manuscript"
Nothing whatever"
sSWhat do you think was the value of
this manuscript on which the author has
testified that he spent ten days work ?'
Nothing whatever. When | had read
it tore it up and threw it in the waste
basket
why did you pay $50 to the plaintiff,
then? '
Because did not care to be called into
a justice court as defendant on a suit of
this kind. l hoped that sum would be
enough"
The case was submitted without argu-
ment and Judgment was rendered for the
defendant.