Sixty Years in Southern California, 1853-1913: Containing the Reminiscences of Harris NewmarkNewmark, Harris
History
Sixty Years in Southern California, 1853-1913: Containing the Reminiscences of Harris Newmark
Newmark, Harris
California, Southern; Los Angeles (Calif.)
Speaking of the informality of courts in the earlier days, I should
record that jurymen and others would come in coatless and, especially
in warm weather, without vests and collars; and that it was the
fashion for each juryman to provide himself with a jack-knife and a
piece of wood, in order that he might whittle the time away. This was
a recognized privilege, and I am not exaggerating when I say that if
he forgot his piece of wood, it was considered his further prerogative
to whittle the chair on which he sat! In other respects, also, court
solemnity was lacking. Judge and attorneys would frequently lock
horns; and sometimes their disputes ended violently. On one occasion,
for example, while I was in court, Columbus Sims, an attorney who came
here in 1852, threw an inkstand at his opponent, during an
altercation; but this contempt of court did not call forth his
disbarment, for he was later found acting as attorney for Pancho
Daniel, one of Sheriff Barton's murderers, until sickness compelled
his retirement from the case. As to panel-service, I recollect that
while serving as juror in those early days, we were once locked up for
the night; and in order that time might not hang too heavily on our
hands, we engaged in a sociable little game of poker. Sims is dead.
More than inkstands were sometimes hurled in the early courts. On one
occasion, for instance, after the angry disputants had arrived at a
state of agitation which made the further use of canes, chairs, and
similar objects tame and uninteresting, revolvers were drawn,
notwithstanding the marshal's repeated attempts to restore order.
Judge Dryden, in the midst of the _mêlée_, hid behind the platform
upon which his Judgeship's bench rested; and being well out of the
range of the threatening irons, yelled at the rioters:
"_Shoot away_, damn you! and to _hell_ with all of you!"
After making due allowance for primitive conditions, it must be
admitted that many and needless were the evils incidental to court
administration. There was, for instance, the law's delay, which
necessitated additional fees to witnesses and jurors and thus
materially added to the expenses of the County. Juries were always a
mixture of incoming pioneers and natives; the settlers understood very
little Spanish, and the native Californians knew still less English;
while few or none of the attorneys could speak Spanish at all. In
translating testimony, if the interpreter happened to be a friend of
the criminal (which he generally was), he would present the evidence
in a favorable light, and much time was wasted in sifting biased
translations. Of course, there were interpreters who doubtless
endeavored to perform their duties conscientiously. George Thompson
Burrill, the first Sheriff, received fifty dollars a month as court
interpreter, and Manuel Clemente Rojo translated testimony as well;
officials I believe to have been honest and conscientious.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account