Personal Reminiscences of Early Days in California with Other Sketches Part 11

Ans. It was.

Q. What day was that order entered?

Ans. On the 10th day of June.

Q. Has that order ever been vacated on the records of the District Court?

Ans. So far as it relates to Mr. Goodwin it has been vacated, but no further.

Q. Has Mr. Field or Mr. Mulford ever been restored to the bar by the District Court since the order of expulsion on the 10th of June?

Ans. No.

[1] Mr. Wheeler is at present (1877) District Judge of the Nineteenth District of the State.

[2] The record of the proceedings is printed above.

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EXHIBIT F.

The following is the pet.i.tion to the Governor mentioned in the Narrative. Of course the Governor possessed no power to suspend a judicial officer from office. But at the time the pet.i.tion was signed and sent to him the State had not been admitted into the Union, and Congress had not approved of the action of the people in calling a convention and framing a const.i.tution; and it appeared very doubtful whether such approval would be given. There was a general impression that in the meantime the Governor could exercise the power to remove and suspend officers of the State which the former governors under Mexico possessed, or were supposed to possess. The pet.i.tion, however, is none the less significant, as the expression of the opinions of the people of Marysville upon the conduct of Judge Turner.

_To His Excellency Peter H. Burnett, Governor of California._

The undersigned citizens of Marysville, Yuba County, in this State, respectfully request that Your Excellency would suspend William R.

Turner, District Judge of the Eighth Judicial District of this State, from his judicial office.

1st. Because the said William R. Turner is grossly incompetent to discharge the duties of a judge, he having exhibited during his judicial career, and particularly during the session of the District Court held at Marysville, in Yuba County, during the present month, ignorance of the most elementary principles of law,--such as to excite the derision of counsel, jurors, witnesses, and persons in attendance upon the court.

2d. Because the said William R. Turner has, during the session of the District Court held at Marysville, exercised the power vested in him as judge, in an arbitrary and tyrannical manner, outraging the rights of counsel, clients, and witnesses.

3d. Because the said William R. Turner has refused to hear counsel on questions of vital importance to the suits of their clients, and in one instance fined and imprisoned counsel for stating in the most respectful manner and in the most respectful language, that he appealed from an order made by him, though such is an acknowledged right of all counsel, and a right given by statute--under pretence that counsel by so doing was guilty of a contempt.

4th. Because the said Wm. R. Turner has trampled upon and spurned with contempt the privilege of the writ of habeas corpus which is guaranteed to all citizens by the Const.i.tution of the United States and by the const.i.tution of the State of California, and fined and imprisoned the Hon. Henry P. Haun, Judge of Yuba County, for the exercise by him of a judicial act in discharging a gentleman from arrest under a writ of habeas corpus.

5th. Because the said William R. Turner, to carry out his arbitrary order to fine and imprison the Hon. Henry P. Haun, Judge of Yuba County, for the exercise of a judicial act, ordered the sheriff of said county with a posse to invade the Court of Sessions of Yuba County while the said court was sitting, and over which the said Haun presided, and to carry off by force the said county judge and put him in close custody.

6th. Because the said William R. Turner ordered the sheriff of Yuba County, with a posse, to force Mr. S.J. Field from the Court of Sessions of said county whilst said Field was before said court on a writ of habeas corpus arguing for his discharge, and the said William R. Turner was informed that the Court of Sessions forbid the sheriff from disturbing the proceedings of the court on the hearing of said writ.

7th. Because the said William R. Turner has, in the exercise of arbitrary power, expelled counsel from the bar for giving their testimony as witnesses on the return of a writ of habeas corpus before the Hon. Henry P. Haun, Judge of the County Court, under pretence that by so doing they were vilifying the court and denouncing its proceedings.

8th. Because the said William R. Turner, during the session of the District Court at Marysville, Yuba County, in the present month, frequently went into Court with revolving pistols upon his person, to the great scandal of the court and of the county.

For the above, and other reasons, your pet.i.tioners respectfully request that the said William R. Turner may be suspended from his office, as the further exercise by him of judicial power will destroy all confidence of the community in the administration of justice, and all respect for the tribunals of the country; and your pet.i.tioners will ever pray.

Marysville, June 19th, 1850.

Stephen J. Field, Ira A. Eaton, James S. Green, T.B. Parker, E.W.

Judkins, Harrington Osgood, Chas. W. Gleason, Geo. W. Hastat, S.

Sartwell, jr., M.S. Ebright, S.C. Stambaugh, P. Steinman, Henry Cuttcher, M. Cunningham, Ed. B. Jefferds, Wm. H. Mitch.e.l.l, Benj.

Barker, H. Cecil & Co., Osbourn & Co., Asa Stearns, John Bennett, jr., J.P.F. Haskell, W.A. Crampton, J.C. Jewett, H. Stenhome, John Parks, Absalom Parks, David Parks, James Imbrie, Alfred Parry, H.C. Ward, Richard McRae, Wm. Johnson, F. Prunean, H.W. Taylor, R.A. Eddy, S.T.

Brewster, C. Sala, Dericerpre, M. Donaldson Kinney, R.M. Foltz., Jas. F. Hibbard, Thomas Gaffney, Allen Gries, W.H. Swain, Oben Lacey, E.S. Peck, B. Smith, John Graham, Wm. Kyle, S.C. Tompkins, A.C. Ladd, C.B. Kinnard, Cyrus Crouch, H.H. Welch, Jas. Stuart, Jas. DeBell, Uriah Davis, L.H. Babb & Co., I.B. Purdy, G. Dimon, Henry J.

Williams, D.W.C. Rice, N. Purdy, William K. Coit, James B. Cus.h.i.+ng, Thomas West, S.B. Mulford, J. Ford, Wm. Ford, Charles A. Van Dorn, Gustavus B. Wright, J. Burlingame, G. Beaulamy, A. Mace, F. Frossard, C.W. Durkee, John S. Ryder, Geo. H. Childs, Ezra F. Nye, S.T. Nye, Geo. W. Durkee, John C. Marks, John L. Carpenter, Leonard Crofford, Robert Lacy, French Paige, L.A. Allen, James Hughes, J.C. Sargent, Wm. P. Hoyt, F.L. Reed, J.S. Bell, Henry B. Compton, G.F. Kussel, Reuben Scott, Warren Drury, Joel F. Whitney, O.C. Gardner, B.F.

Taber, Johnson Thompson, jr., Ganahl & Co., T.W. Hall, J. Donnel, Wm. Irwin, Wm. W. Nelson, R.H. McCall, B.G. Bixby, Geo. L. Boswell, Wm. W. Tinker, Robert S. Baker, N.F. Cooke, Edwards Woodruff, J.N. Briceland, Joseph F. Emeric, John F. Delong, James Q. Packard, Sibley & Co., Boone, Larrow & Co., P.W. Hayes & Co., Geo. C. Gorham, R. Dunlap, M. Cameron, R. Brown, A.W. Loynes, F. Owradon, J.W.

Turner, P.D. Bailey, James L. Springer, Matthew S. Smith, Wm. Fulton, John George Smith, Isaiah Porter, Wm. R. Taylor, John McClellan, R.H.

Macy, Charles B. Mitch.e.l.l, Thomas R. Anthony, Geo. W. Webster, Daniel M. Shepherd, M.J. Eavyerberth, Lewis A. Gosey, John Rueyer, Tehan Van De Wett, Wm. Ca.s.sede, G.P. Russell, S.G. Haywood, G.W. Hopkins, Wm. E.

Wightman, E. Ferris, Samuel R. St. John, A.O. Garrett, D.C. Benham.

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EXHIBIT G.

_Letter of Mr. Eaton, by whom the message mentioned in the Narrative was sent to Judge Turner._

WEDNESDAY AFTERNOON, _Aug. 7, '50_.

DEAR JUDGE: I have given your message to Turner. He does not like it much and flared up considerably when I told him. But it was no use. I have made him understand that you do not want any personal difficulty with him, but that you are ready for him, and if he attacks you he will get badly hurt. I will see you soon and explain. Give him ----.

You can always count on me.

Yours truly, IRA A. EATON.

The Narrative of Reminiscences was sent to a friend in San Francisco, soon after it was printed, and was shown to Gen. A.M. Winn of that city. He was in Marysville in 1850 and also gave Judge Turner to understand the line of conduct I intended to pursue. The following letter has since been received from him.

SAN FRANCISCO, _May 10th '80_.

FRIEND FIELD: In looking over the Early Reminiscences of California I was pleased with the faithful recital of your trouble with Judge Turner at Marysville in 1850. Being there about that time I recollect to have met with Judge Turner and found him in a fighting rage, making threats of what he would do on meeting you. Although I have not an exalted opinion of men's courage, when they talk so much about it, I thought he might put his threats into execution and warned you of approaching danger.

The course you pursued was generally approved, and public opinion culminated in your favor. You made many warm friends, though Turner and his friends were the more enraged in consequence of that fact.

With great respect, I am, as ever, your friend, A.M. WINN.

Hon. STEPHEN J. FIELD, _Was.h.i.+ngton, D.C._

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EXHIBIT H, No. I.[1]