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
being the case, I thought I would go East on a visit, and accordingly
began making arrangements to leave. But shortly before the opening
of the June term of the District Court, Captain Sutter came to me
and told me he had been sued by a man named Cameron, and wished me to
appear as his counsel. I answered that I was making arrangements to go
East and he had better retain some one else. He replied that I ought
to remain long enough to appear for him and assist his attorney, and
begged of me as an act of friendship to do so. I finally consented,
and deferred my departure.
Soon after the opening of the court, some time during the first week,
the case of Captain Sutter was called. A preliminary motion, made by
his attorney, was decided against him. Mr. Jesse O. Goodwin, a member
of the bar, sitting near, said to me that the practice act, passed
at the recent session of the Legislature, contained a section
bearing upon the question; and at the same time handed me the act.
I immediately rose, and addressing the court, remarked that I was
informed there was a statutory provision applicable to the point, and
begged permission to read it; and commenced turning over the pages
of the act in search of it, when Judge Turner, addressing me and
apparently irritated, said in a petulant manner;--"The court knows
the law--the mind of the court is made up--take your seat, sir." I was
amazed at hearing such language; but in a respectful and quiet manner
stated that I excepted to the decision, and appealed, or would appeal
from the order. The Judge instantly replied, in a loud and boisterous
manner, "Fine that gentleman two hundred dollars." I replied quietly,
"Very well," or "Well, sir." He immediately added, in an angry tone,
"I fine him three hundred dollars, and commit him to the custody of
the sheriff eight hours." I again replied, "Very well." He instantly
exclaimed, in the same violent manner, "I fine him four hundred
dollars and commit him twelve hours." I then said that it was my right
by statute to appeal from any order of his honor, and that it was no
contempt of court to give notice of an exception or an appeal, and
asked the members of the bar present if it could be so regarded. But
the Judge, being very ignorant of the practice of the law, regarded
an exception to his decision as an impeachment of his judgment,
and, therefore, something like a personal affront. And so, upon my
statement, he flew into a perfect rage, and in a loud and boisterous
tone cried out, "I fine him five hundred dollars and commit him
twenty-four hours--forty-eight hours--turn him out of court--subpoena
a posse--subpoena me." I then left the court-room. The attorney in the
case accompanied me, and we were followed by the deputy sheriff.
After going a few steps we met the coroner, to whom the deputy sheriff
transferred me; and the coroner accompanied me to my office, and
after remaining there a few moments left me to myself. On the way an
Public-domain text, read in full here on John Shaqi.
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