Personal reminiscences of early days in California, with other sketches : $b to which is added the story of his attempted assassination by a former associate on the supreme bench of the stateField, Stephen J. (Stephen Johnson)
History
Personal reminiscences of early days in California, with other sketches : $b to which is added the story of his attempted assassination by a former associate on the supreme bench of the state
Field, Stephen J. (Stephen Johnson)
Field, Stephen J. (Stephen Johnson), 1816-1899; Judges -- California -- Biography; Law -- Political aspects -- California; Lawyers -- California -- Biography; Mines and mineral resources -- California
EXPERIENCES AS ALCALDE.
Under the Mexican law, Alcaldes had, as already stated, a very
limited jurisdiction. But in the anomalous condition of affairs under
the American occupation, they exercised almost unlimited powers. They
were, in fact, regarded as magistrates elected by the people for the
sake of preserving public order and settling disputes of all kinds.
In my own case, and with the approval of the community, I took
jurisdiction of every case brought before me. I knew nothing of
Mexican laws; did not pretend to know anything of them; but I knew
that the people had elected me to act as a magistrate and looked to
me for the preservation of order and the settlement of disputes; and
I did my best that they should not be disappointed. I let it be known
that my election had been approved by the highest authority.
The first case I tried was in the street. Two men came up to me, one
of them leading a horse. He said, "Mr. Alcalde, we both claim this
horse, and we want you to decide which of us is entitled to it." I
turned to the man who had the horse, administered an oath to him, and
then examined him as to where he got the horse, of whom and when,
whether he had a bill of sale, whether there was any mark or brand on
the animal, and, in short, put all those questions which would
naturally be asked in such a case to elicit the truth. I then
administered an oath to the other man and put him through a similar
examination, paying careful attention to what each said. When the
examination was completed I at once decided the case. "It is very
plain, gentlemen," I said, "that the horse belongs to this man
(pointing to one of them) and the other must give him up." "But,"
said the man who had lost and who held the horse, "the bridle
certainly belongs to me, he does not take the bridle, does he?" I
said, "Oh no, the bridle is another matter." As soon as I said this
the owner of the bridle turned to his adversary and said, "What will
you take for the horse?" "Two hundred and fifty dollars," was the
instant reply. "Agreed," retorted the first, and then turning to me,
he continued: "And now, Mr. Alcalde, I want you to draw me up a bill
of sale for this horse which will stick." I, of course, did as he
desired. I charged an ounce for trying the case and an ounce for the
bill of sale; charges which were promptly paid. Both parties went off
perfectly satisfied. I was also well pleased with my first judicial
experience.
Public-domain text, read in full here on John Shaqi.
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