East Oregonian : E.O. (Pendleton, OR) 1888-current, 1922-09-22

s put into successful and dignified ope-
ration. 1t was a fine lesson in Am
.ericanism.
\ 1t was early in October of the same
year that | first saw the site of what
is now the city of Pendleton. l had
traded the remains of my claim to a
4 AIssourian who was just across the
II plains, for four mules and a wagon,
and with this outfit and accompanied
by a negro who had been u slave in
i Missouri but had discovered that he
was froe in Oregon, ! came over the
old emigrant road and across the
| Blue Mountains on my way to the val
ley. The darkey was g good cook and
u skillful mule driver, so that being
| rid Of camp drudgery | Travelled in
/ state ! can't recall locations, but
near here and where the road crossed
the river ] camped one night and part
of next day to rest the animals. The
only incident | remember about that
camp is that there were salmon in
the river and the negro, whose educa-
| ton in firearms was still in it's in
| fancy, undertook to secrre one by
shooting it with my carbine. In do
ing this he poked the muzzle of the
| gun a foot or so under the water di
rectly over the fish and fired, with
the result that the gun was torn from
his hands and went several feet in the
air, walloping him on the head as it
| fell. The head, being solid bone all
the way through, was not seriously in
| jured, but the gun, which was more
precious to me than many darkies,
was ruineI. But he got the fish.
| However, / want to put in a claim to
being q pioneer of Pendleton and to
hold my claim I left somewhere in this
vicinity the walnut stock of a gun
commonly called a Wager. Major
MoorhOuSe, who let's nothing escape
him, has probably found it,and added
it to his collection labeled as belong
ing to Chief No Shirttall or Kamiakan
or Pepe-M -MoX- -MoX, but think / could
recognize it by the dent made in it
when it hit the colored brother on the
head.
| was admitted to the bar in Sep
tember, 1870. Judge p. p. Prime was
then Chief Justice, and Judges r. Z.
Boise, Andrew j. Thayer, w. W. Up
ton and L. l.. Macarthur associate JUS
tices. All these have long since pass
ed away, leaving an honorable record
upon the pages of the Oregon reports.
OF fourteen attorneys who were ad
mitted at that time, I am the only
survivor. If / were inclined to be n
pessimist, I might quote the lines:
Il feel as one who treads alone life's
banquet hall deserted" but / don't
feel that way. While I mourn the
friends who have passed away, take
pleasure in recalling the happy mo-
ments spent In their cOmpanionship,
and in the fact that along the path
way of my life other and dear friends
have succeeded to those whose COM
panionship is now pleasant mem
ory. Being with one exception the
oldest member of the bar who began
his legal career in Oregon, it was sug-
gested to me that "reminiscences of
the early courts, judges and lawyers
of the period Immediately preceding
and since my advent into the profess
sion might not be unacceptable.
l was personally acquainted with
most of the early judges. Judge Peter
H. Bennett, uncle of our present Chief
Justice. and Judge o. c. Pratt, anoth-
or of our early territorial judges, had
left oregon and located in California
while l was n child and I had no
personal ACQUAINTANCE with them
while on the bench. 1t was my priv
ilege to meet both of them later in
California. where both of them en-
ioyed enviable regulations as lawyers,
pf off nd oil
Judge Pratt served as territorial dis
trict judge and ex-officio justice of
the supreme court from 1S4S to 1852, |
but there are no opinions of the court !
covering those dates. Judge Burnett |
was judge under the provisional gov |
ernment and was appointed territorial |
judge in 1S4S, when the Territory was |
organized, but declined the honor and !
removed to California, where he was |
chosen one of the early justices of the |
supreme court, which position he fill |
ed with DISTINGUISHED honor. Once |
while ] was visiting with him he
stated that it was his impression that I
the first plat of the city of San Fran !
Disco was filed with the clerk of the
territorial district court at Oregon
NAhSt AlltAt btiliS tll'll lllt litllfSL lIllll-
ed States clerks office to the site of
the proposed city. Years afterwards
when | became resident of Oregon
city, in company with the clerk of
the circuit court we searched the old
files and sure enough we found the
plat, yellow with age hut still legiblc,
and il is no doubt there now. Wheth-
Cr or not it was filed there at Judge |
Burnctts suggestion l do not know,
but ii seems probable.
Judge William Strong was another
one of the early judges whose term
Of service expired before the opinions
of the court were reportd. I knew
him well at the bar subsequently. 1
When his term of service expired he
became a resident of the territory of
for n while and there
after returned to Oregon, where he
practiced law with distinguished sue
eases. There are times in n young
awyer's life when n feller needs J
'riend," and Judge Strong was my
riend once when I felt that / need
ID one. Just a few months after l
vas admitted | defended Bill Smith
Who was indicted at Vancouver
Washington. for giving liquor to an
indian. The Judge an old man by the =
amp of HpWCtt was fair 1qu-N-ar