CHAPTER V

LAWYERS AND COURTS

1853

In the primitive fifties there were but comparatively few reputable

lawyers in this neighborhood; nor was there, perhaps, sufficient call

for their services to insure much of a living to many more. To a

greater extent even than now, attorneys were called "Judge;" and at

the time whereof I write, the most important among them were Jonathan

R. Scott, Benjamin Hayes, J. Lancaster Brent, Myron Norton, General

Ezra Drown, Benjamin S. Eaton, Cameron E. Thom, James H. Lander, Lewis

Granger, Isaac Stockton, Keith Ogier, Edward J. C. Kewen and Joseph R.

Gitchell. In addition to these, there was a lawyer named William G.

Dryden, of whom I shall presently speak, and one Kimball H. Dimmick,

who was largely devoted to criminal practice.

Scott, who had been a prominent lawyer in Missouri, stood very high,

both as to physique and reputation. In addition to his great stature,

he had a splendid constitution and wonderful vitality and was

identified with nearly every important case. About March, 1850, he

came here an overland emigrant, and was made one of the two justices

of the peace who formed, with the county judge, on June 24th, the

first Court of Sessions. He then entered into partnership with

Benjamin Hayes, continuing in joint practice with him until April,

1852, after which he was a member successively of the law firms of

Scott & Granger, Scott & Lander, and Scott, Drown & Lander.

Practicing law in those days was not without its difficulties, partly

because of the lack of law-books; and Scott used to tell in his own

vehement style how, on one occasion, when he was defending a French

sea captain against charges preferred by a rich Peruvian passenger, he

was unable to make much headway because there was but one volume

(Kent's _Commentaries_) in the whole pueblo that threw any light, so

to speak, on the question; which lack of information induced _Alcalde_

Stearns to decide against Scott's client. Although the Captain lost,

he nevertheless counted out to Scott, in shining gold-pieces, the full

sum of one thousand dollars as a fee. In 1859, a daughter of Scott

married Alfred Beck Chapman, a graduate of West Point, who came to Los

Angeles and Fort Tejón, as an officer, about 1854. Chapman later

studied law with Scott, and for twenty years practiced with Andrew

Glassell. In 1863, Chapman succeeded M. J. Newmark as City Attorney;

and in 1868, he was elected District Attorney. If I recollect rightly,

Scott died in the sixties, survived by Mrs. Scott--a sister of both

Mrs. J. S. Mallard and Mrs. J. G. Nichols--and a son, J. R. Scott,

admitted in 1880 to practice in the Supreme Court.

Hayes was District Judge when I came, and continued as such for ten or

twelve years. His jurisdiction embraced Los Angeles, San Diego, San

Luis Obispo and Santa Bárbara counties; and the latter section then

included Ventura County. The Judge had regular terms in these

districts and was compelled to hold court at all of the County seats.

A native of Baltimore, Hayes came to Los Angeles on February 3d,

1850--followed on St. Valentine's Day, 1852, by his wife whose journey

from St. Louis, _via_ New Orleans, Havana and Panamá, consumed

forty-three days on the steamers. He was at once elected the first

County Attorney, and tried the famous case against the Irving party.

About the same time Hayes formed his partnership with Scott. In

January, 1855, and while District Judge, Hayes sentenced the murderer

Brown; and in 1858 he presided at Pancho Daniel's trial. Hayes

continued to practice for many years, and was known as a jurist of

high standing, though on account of his love for strong drink, court

on more than one occasion had to be adjourned. During his residence

here, he was known as an assiduous collector of historical data. He

was a brother of both Miss Louisa Hayes, the first woman public-school

teacher in Los Angeles, later the wife of Dr. J. S. Griffin, and Miss

Helena Hayes, who married Benjamin S. Eaton. Judge Hayes died on

August 4th, 1877.

Brent, a native of the South, was also a man of attainment, arriving

here in 1850 with a fairly representative, though inadequate library,

and becoming in 1855 and 1856 a member of the State Assembly. He had

such wonderful influence, as one of the Democratic leaders, that he

could nominate at will any candidate; and being especially popular

with the Mexican element, could also tell a good story or two about

fees. When trouble arose in 1851 between several members of the Lugo

family and the Indians, resulting finally in an attempted

assassination and the narrow escape from death of Judge Hayes (who was

associated with the prosecution of the case), several of the Lugos

were tried for murder; and Brent, whose defense led to their

acquittal, received something like twenty thousand dollars for his

services. He was of a studious turn of mind and acquired most of Hugo

Reid's Indian library. When the Civil War broke out, Brent went South

again and became a Confederate brigadier-general. Brent Street bears

his name.

Norton, a Vermonter, who had first practiced law in New York, then

migrated west, and had later been a prime mover for, and a member of,

the first California Constitutional Convention, and who was afterward

Superior Court Judge at San Francisco, was an excellent lawyer, when

sober, and a good fellow. He came to the Coast in the summer of 1848,

was made First Lieutenant and Chief-of-Staff of the California

Volunteers, and drifted in 1852 from Monterey to Los Angeles. He

joined Bean's Volunteers, and in 1857 delivered here a flowery Fourth

of July oration. Norton was the second County Judge, succeeding

Agustin Olvera and living with the latter's family at the Plaza; and

it was from Norton's Court of Sessions, in May, 1855, that the

dark-skinned Juan Flores was sent to the State prison, although few

persons suspected him to be guilty of such criminal tendencies as he

later developed. Norton died in Los Angeles in 1887; and Norton Avenue

recalls his life and work.

Judge Hayes' successor, Don Pablo de la Guerra, was born in the

_presidio_ of Santa Bárbara in 1819, a member of one of the most

popular 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.

[Illustration: Henry Mellus

From a Daguerrotype]

[Illustration: Francis Mellus

From a Daguerrotype]

[Illustration: John G. Downey]

[Illustration: Charles L. Ducommun]

[Illustration: 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 climate, and how he fell in love with the quaint

little pueblo at first sight. Soon after he decided to remain here, he

was assigned as associate counsel to defend Pancho Daniel, after the

retirement of Columbus Sims. In 1856, Thom was appointed both City

and District Attorney, and occupied the two positions at the same

time--an odd situation which actually brought it about, during his

tenure of offices, that a land dispute between the City and the County

obliged Thom to defend both interests! In 1863, he was a partner with

A. B. Chapman; and twenty years later, having previously served as

State Senator, he was elected Mayor of the city. Captain Thom married

two sisters--first choosing Miss Susan Henrietta Hathwell, and then,

sometime after her death, leading to the altar Miss Belle Cameron

Hathwell whom he had named and for whom, when she was baptized, he had

stood godfather. A man ultimately affluent, he owned, among other

properties, a large ranch at Glendale.[2]

Another good story concerning Judge Dryden comes to mind, recalling a

certain Sheriff. As the yarn goes, the latter presented himself as a

candidate for the office of Sheriff; and in order to capture the vote

of the native element, he also offered to marry the daughter of an

influential Mexican. A bargain was concluded and, as the result, he

forthwith assumed the responsibilities and dangers of both shrieval

and matrimonial life.

Before the Sheriff had possessed this double dignity very long,

however, a gang of horse-thieves began depredations around Los

Angeles. A _posse_ was immediately organized to pursue the

desperadoes, and after a short chase they located the band and brought

them into Los Angeles. Imagine the Sheriff's dismay, when he found

that the leader was none other than his own brother-in-law whom he had

never before seen!

To make the story short, the case was tried and the prisoner was found

guilty; but owing to influence (to which most juries in those days

were very susceptible) there was an appeal for judicial leniency.

Judge Dryden, therefore, in announcing the verdict, said to the

Sheriff's brother-in-law, "The jury finds you guilty as charged," and

then proceeded to read the prisoner a long and severe lecture, to

which he added: "But the jury recommends clemency. Accordingly, I

declare you a free man, and you may go about your business." Thereupon

someone in the room asked: "What _is_ his business?" To which the

Judge, never flinching, shouted: "_Horse-stealing_, sir!

_horse-stealing!_"

Lander was here in 1853, having come from the East the year previous.

He was a Harvard College graduate--there were not many on the Coast in

those days--and was known as a good office-practitioner; he was for

some time, in fact, the Bar's choice for Court Commissioner. I think

that, for quite a while, he was the only examiner of real estate

titles; he was certainly the only one I knew. On October 15th, 1852,

Lander had married Señorita Margarita, a daughter of Don Santiago

Johnson, who was said to have been one of the best known business men

prior to 1846. Afterward Lander lived in a cottage on the northeast

corner of Fourth and Spring streets. This cottage he sold to I. W.

Hellman in the early seventies, for four thousand dollars; and

Hellman, in turn, sold it at cost to his brother. On that lot, worth

to-day probably a million dollars, the H. W. Hellman Building now

stands. Lander died on June 10th, 1873.

Granger was still another lawyer who was here when I arrived, he

having come with his family--one of the first American households to

be permanently established here--in 1850. By 1852, he had formed a

partnership with Jonathan R. Scott, and in that year attained

popularity through his Fourth of July oration. Granger was, in fact, a

fluent and attractive speaker, which accounted, perhaps, for his

election as City Attorney in 1855, after he had served the city as a

member of the Common Council in 1854. If I recollect aright, he was a

candidate for the district judgeship in the seventies, but was

defeated.

Ogier, a lawyer from Charleston, S. C., came to California in 1849,

and to Los Angeles in 1851, forming a partnership on May 31st of that

year with Don Manuel Clemente Rojo, a clever, genial native of Peru.

On September 29th, Ogier succeeded William C. Ferrell, the first

District Attorney; in 1853, he joined the voluntary police; and later

served, for some years, as United States District Judge. He died at

Holcombe Valley in May, 1861. Ogier Street, formerly Ogier Lane, was

named for him. Rojo, after dividing his time between the law and the

Spanish editorial work on the _Star_, wandered off to Lower California

and there became a "sub-political chief."

Kewen, a native of Mississippi and a veteran of the Mexican War, came

to Los Angeles in 1858 with the title of Colonel, after _fiasco_

followed his efforts, in the Southern States, to raise relief for the

filibuster Walker, on whose expedition A. L. Kewen, a brother, had

been killed in the battle at Rivas, Nicaragua, in June, 1855. Once a

practitioner at law in St. Louis, Kewen was elected California's first

Attorney-General, and even prior to the delivery of his oration before

the Society of Pioneers at San Francisco, in 1854, he was

distinguished for his eloquence. In 1858, he was Superintendent of Los

Angeles City Schools. In the sixties, Kewen and Norton formed a

partnership. Settling on an undulating tract of some four hundred and

fifty acres near San Gabriel, including the ruins of the old Mission

mill and now embracing the grounds of the Huntington Hotel, Kewen

repaired the house and converted it into a cosy and even luxurious

residence, calling the estate ornamented with gardens and fountains,

_El Molino_--a title perpetuated in the name of the present suburb.

Kewen was also a member of the State Assembly and, later, District

Attorney. He died in November, 1879.

Gitchell, United States District Attorney in the late fifties,

practiced here for many years. He was a jolly old bachelor and was

popular, although he did not attain eminence.

Isaac Hartman, an attorney, and his wife, who were among the

particularly agreeable people here in 1853, soon left for the East.

Volney E. Howard came with his family in the late fifties. He left San

Francisco, where he had been practicing law, rather suddenly, and at a

time when social conditions in the city were demoralized, and the

citizens, as in the case of the people of Los Angeles, were obliged to

organize a vigilance committee. William T. Coleman, one of the

foremost citizens of his city, led the Northern movement, and M. J.

Newmark, then a resident of San Francisco, was among those who

participated. Howard, who succeeded William T., afterward General

Sherman in leading the Law and Order contingent, opposed the idea of

mob rule; but the people of San Francisco, fully alive to the

necessity of wiping out the vicious elements, and knowing how hard it

was to get a speedy trial and an honest jury, had little sympathy with

his views. He was accordingly ordered out of town, and made his way,

first to Sacramento, then to the South. Here, with Kewen as their

neighbor, Howard and his talented wife, a lady of decidedly

blue-stocking tendencies, took up their residence near the San Gabriel

Mission; and he became one of the most reliable attorneys in Los

Angeles, serving once or twice as County Judge and on the Supreme

Court bench, as well as in the State Constitutional Convention of

1878-1879.

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.

While alluding to court interpreters and the general use of Spanish

during at least the first decade after I came to California, I am

reminded of the case of Joaquín Carrillo, who was elected District

Judge, in the early fifties, to succeed Judge Henry A. Tefft of Santa

Bárbara, who had been drowned near San Luis Obispo while attempting to

land from a steamer in order to hold court. During the fourteen years

when Carrillo held office, he was constantly handicapped by his little

knowledge of the English language and the consequent necessity of

carrying on all court proceedings in Spanish, to say nothing of the

fact that he was really not a lawyer. Yet I am told that Carrillo

possessed common sense to such a degree that his decisions were seldom

set aside by the higher courts.

Sheriff Burrill had a brother, S. Thompson Burrill, who was a lawyer

and a Justice of the Peace. He held court in the Padilla Building on

Main Street, opposite the present site of the Bullard Block and

adjoining my brother's store; and as a result of this proximity we

became friendly. He was one of the best-dressed men in town, although,

when I first met him, he could not have been less than sixty years of

age. He presented me with my first dog, which I lost on account of

stray poison: evil-disposed or thoughtless persons, with no respect

for the owner, whether a neighbor or not, and without the slightest

consideration for pedigree, were in the habit of throwing poison on

the streets to kill off canines, of which there was certainly a

superabundance.

Ygnácio Sepúlveda, the jurist and a son of José Andrés Sepúlveda, was

living here when I arrived, though but a boy. Born in Los Angeles in

1842, he was educated in the East and in 1863 admitted to the Bar; he

served in the State Legislature of the following winter, was County

Judge from 1870 to 1873, and District Judge in 1874. Five years later

he was elected Superior Judge, but resigned his position in 1884 to

become Wells Fargo & Company's representative in the City of Mexico,

at which capital for two years he was also American _Chargé

d'Affaires_. There to my great pleasure I met him, bearing his honors

modestly, in January, 1885, during my tour of the southern

republic.[3] Sepúlveda Avenue is named for the family.

Horace Bell was a nephew of Captain Alexander Bell, of Bell's Row; and

as an early comer to Los Angeles, he joined the volunteer mounted

police. Although for years an attorney and journalist, in which

capacity he edited the _Porcupine_, he is best known for his

_Reminiscences of a Ranger_, a volume written in rather a breezy and

entertaining style, but certainly containing exaggerations.

This reference to the Rangers reminds me that I was not long in Los

Angeles when I heard of the adventures of Joaquín Murieta, who had

been killed but a few months before I came. According to the stories

current, Murieta, a nephew of José María Valdez, was a decent-enough

sort of fellow, who had been subjected to more or less injustice from

certain American settlers, and who was finally bound to a tree and

horsewhipped, after seeing his brother hung, on a trumped-up charge.

In revenge, Murieta had organized a company of bandits, and for two or

three years had terrorized a good part of the entire State. Finally,

in August, 1853, while the outlaw and several of his companions were

off their guard near the Tejón Paso, they were encountered by Captain

Harry Love and his volunteer mounted police organized to get him,

"dead or alive;" the latter killed Murieta and another desperado known

as Three-fingered Jack. Immediately the outlaws were despatched, their

heads and the deformed hand of Three-fingered Jack were removed from

the bodies and sent by John Sylvester and Harry Bloodsworth to Dr.

William Francis Edgar, then a surgeon at Fort Miller; but a flood

interfering, Sylvester swam the river with his barley sack and its

gruesome contents. Edgar put the trophies into whiskey and arsenic,

when they were transmitted to the civil authorities, as vouchers for a

reward. Bloodsworth died lately.

Daredevils of a less malicious type were also resident among us. On

the evening of December 31st, 1853, for example, I was in our store at

eight o'clock when Felipe Rheim--often called Reihm and even

Riehm--gloriously intoxicated and out for a good time, appeared on the

scene, flourishing the ubiquitous weapon. His celebration of the New

Year had apparently commenced, and he was already six sheets in the

wind. Like many another man, Felipe, a very worthy German, was

good-natured when sober, but a terror when drunk; and as soon as he

spied my solitary figure, he pointed his gun at me, saying, at the

same time, in his vigorous native tongue, "Treat, or _I shoot_!" I

treated. After this pleasing transaction amid the smoky obscurity of

Ramón Alexander's saloon, Felipe fired his gun into the air and

disappeared. Startling as a demand like that might appear to-day, no

thought of arrest then resulted from such an incident.

The first New Year's Eve that I spent in Los Angeles was ushered in

with the indiscriminate discharging of pistols and guns. This method

of celebrating was, I may say, a novelty to me, and no less a

surprise; for of course I was unaware of the fact that, when the city

was organized, three years before, a proposition to prohibit the

carrying of firearms of any sort, or the shooting off of the same,

except in defense of self, home or property, had been stricken from

the first constitution by the committee on police, who reported that

such an ordinance could not at that time be enforced. Promiscuous

firing continued for years to be indulged in by early Angeleños,

though frequently condemned in the daily press, and such was its

effect upon even me that I soon found myself peppering away at a

convenient adobe wall on Commercial Street, seeking to perfect my aim!

FOOTNOTES:

[2] Thom died on February 2d, 1915.

[3] After an absence of thirty years, Judge Sepúlveda returned to Los

Angeles, in 1914, and was heartily welcomed back by his many friends

and admirers.

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