Sixty Years in Southern California, 1853-1913. Harris Newmark

Sixty Years in Southern California, 1853-1913 - Harris Newmark


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families of that locality. Although a Spaniard of the Spaniards, he had been educated in an Eastern college, and spoke English fluently. Four times he was elected State Senator from Santa Bárbara and San Luis Obispo, and was besides a member of the Constitutional Convention of 1849. Late in 1863, he was a candidate for District Judge when a singular opposition developed that might easily have led, in later years at least, to his defeat. A large part of the population of Santa Bárbara was related to him by blood or marriage; and it was argued that, if elected, De la Guerra in many cases would be disqualified from sitting as judge. On January 1st, 1864, however, Don Pablo took up the work as District Judge where Hayes surrendered it. Just as De la Guerra in 1854 had resigned in favor of Hunter, before completing his term as United States Marshal, so now toward the end of 1873, De la Guerra withdrew on account of ill-health from the district judgeship, and on February 5th, 1874, he died.

      Drown was a lawyer who came here a few months before I did, having just passed through one of those trying ordeals which might easily prove sufficient to destroy the courage and ambition of any man. He hailed from Iowa, where he had served as Brigadier-General of Militia, and was bound up the Coast from the Isthmus on the steamer Independence when it took fire, off Lower California, and burned to the water's edge. General Drown, being a good swimmer and a plucky fellow, set his wife adrift on a hencoop and then put off for shore with his two children on his back. Having deposited them safely on the beach, he swam back to get his wife; but a brutal fellow-passenger pushed the fainting woman off when her agonized husband was within a few feet of her; she sank beneath the waves, and he saw his companion go to her doom at the moment she was about to be rescued. Though broken in spirit, Drown on landing at San Pedro came to Los Angeles with his two boys, and put his best foot forward. He established himself as a lawyer and in 1858 became District Attorney, succeeding Cameron E. Thom; and it was during his term that Pancho Daniel was lynched. In 1855, too, Drown instituted the first Los Angeles lodge of Odd Fellows. Drown was an able lawyer, eloquent and humorous, and fairly popular; but his generosity affected his material prosperity, and he died, at San Juan Capistrano, on August 17th, 1863, none too blessed with this world's goods.

      Dimmick, who at one time occupied an office in the old Temple Block on Main Street, had rather an eventful career. Born in Connecticut, he learned the printer's trade; then he studied law and was soon admitted to practice in New York; and in 1846 he sailed with Colonel J. D. Stevenson, in command of Company K, landing, six months later, at the picturesquely-named Yerba Buena, on whose slopes the bustling town of San Francisco was so soon to be founded. When peace with Mexico was established, Dimmick moved to San José; after which with Foster he went to the convention whose mission was to frame a State constitution, and was later chosen Judge of the Supreme Court. In 1852, after having revisited the East and been defrauded of practically all he possessed by those to whom he had entrusted his California affairs, Dimmick came to Los Angeles and served as Justice of the Peace, Notary Public and County Judge. He was also elected District Attorney, and at another time was appointed by the Court to defend the outlaw, Pancho Daniel. Dimmick's practice was really largely criminal, which frequently made him a defender of horse-thieves, gamblers and desperadoes; and in such cases one could always anticipate his stereotyped plea:

      Gentlemen of the Jury: The District Attorney prosecuting my client is paid by the County to convict this prisoner, whether he be guilty or innocent; and I plead with you, gentlemen, in the name of Impartial Justice, to bring in a verdict of "Not guilty!"

      Through the help of his old-time friend, Secretary William H. Seward, Dimmick toward the end of his life was appointed Attorney for the Southern District of the United States in California; but on September 11th, 1861, he suddenly died of heart disease.

      Eaton, another prominent representative of the Bar, came from New England as early as 1850, while California government was in its infancy and life anything but secure; and he had not been here more than a few months when the maneuvers of António Garra, Agua Caliente's chief, threatened an insurrection extending from Tulare to San Diego and made necessary the organization, under General J. H. Bean, of volunteers to allay the terror-stricken community's fears. Happily, the company's chief activity was the quieting of feminine nerves. On October 3d, 1853, Eaton was elected District Attorney and in 1857, County Assessor. Later, after living for a while at San Gabriel, Eaton became a founder of the Pasadena colony, acting as its President for several years; and in 1876 he was one of the committee to arrange for the local Centennial celebration. Frederick Eaton, several times City Engineer and once—in 1899–1900—Mayor of Los Angeles, is a son of Benjamin Eaton and his first wife, Helena Hayes, who died a few years after she came here, and the brother of Mrs. Hancock Johnston. He reflects no little credit on his father by reason of a very early, effective advocacy of the Owens River Aqueduct. Under his administration, the City began this colossal undertaking, which was brought to a happy consummation in the year 1913 through the engineering skill of William Mulholland, Eaton's friend. In 1861, Judge Eaton married Miss Alice Taylor Clark, of Providence, R. I., who is still living.

      Henry Mellus

       From a Daguerrotype

      Francis Mellus

       From a Daguerrotype

      John G. Downey

      Charles L. Ducommun

      The Plaza Church

       From a photograph, probably taken in the middle eighties

      While I am upon this subject of lawyers and officialdom, a few words regarding early jurists and court decorum may be in order. In 1853, Judge Dryden, who had arrived in 1850, was but a Police Justice, not yet having succeeded Dimmick as County Judge; and at no time was his knowledge of the law and things pertaining thereto other than extremely limited. His audacity, however, frequently sustained him in positions that otherwise might have been embarrassing; and this audacity was especially apparent in Dryden's strong opposition to the criminal element. He talked with the volubility of a Gatling gun, expressing himself in a quick, nervous manner and was, besides, very profane. One day he was trying a case, when Captain Cameron E. Thom (who had first come to Los Angeles in 1854, as the representative of the National Government, to take testimony before Commissioner Burrill) was one of the attorneys. During the progress of the case, Thom had occasion to read a lengthy passage from some statute book. Interrupting him, the Judge asked to see the weighty volume; when, having searched in vain for the citation, he said in his characteristic, jerky way:

      "I'll be—— damned, Mr. Thom, if I can find that law!"

      All of which recalls to me a report, once printed in the Los Angeles Star, concerning this same jurist and an inquest held by him over a dead Indian:

      Justice Dryden and the Jury sat on the body. The verdict was: "Death from intoxication, or by the visitation of God!"

      Dryden, who was possessed of a genial personality, was long remembered with pleasure for participation in Fourth of July celebrations and processions. He was married, I believe, in 1851, only one year after he arrived here, to Señorita Dolores Nieto; and she having died, he took as his second wife, in September, 1868, another Spanish lady, Señorita Anita Dominguez, daughter of Don Manuel Dominguez. Less than a year afterward, on September 10th, 1869, Judge Dryden himself died at the age of seventy years.

      Thom, by the way, came from Virginia in 1849 and advanced rapidly in his profession. It was far from his expectation to remain in Los Angeles longer than was necessary; and he has frequently repeated to me the story of his immediate infatuation with this beautiful section and its cheering


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