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, Washington, D.C.
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EXHIBIT H, No. I.[1]
After the Narrative of Reminiscences was written, the Proceedings of the Assembly of California of 1851, on the petition of citizens of Yuba and Nevada Counties for the impeachment of Judge Turner, were published. Annexed to them was a statement by the editor of the causes of the indefinite postponement of the matter. They are there stated to be: 1st, That it was supposed that I had acquiesced in such a disposition of the case, because by the act concerning the courts of justice and judicial officers, Turner had been sent to the northern portion of the State, where he could do no harm; 2d, That the legislature did not wish to extend the session for the period which the trial of an impeachment would require; and, 3d, That the whole matter had become extremely distasteful to me.
A copy of this statement with the record of the proceedings was sent to the surviving members of the seven, mentioned in the Narrative, who voted for the indefinite postponement of the matter; and they wrote the replies which are given below as part of this exhibit. They are preceded by a letter from a member, written soon after the vote was taken.
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Letter of Mr. Bennett.
HOUSE OF ASSEMBLY,
SAN JOSE, April 23d, 1851.
HON. STEPHEN J. FIELD.
DR. SIR: I take pleasure in adopting this form to explain to you my vote upon the question put to the House in the final disposition of the case for the impeachment of Judge Turner.
Had the House been called for a direct vote upon the question of impeachment, I should certainly have voted for the impeachment; but finding that some of the members thought the wishes of the citizens of Yuba County had been accomplished by the removal of Judge Turner from your district, and on that account would vote against the impeachment, I thought there was less injustice in postponing the whole matter indefinitely, than in coming to a direct vote. I will also say that it was understood by many members that you would be satisfied with such a disposition.
I am very truly your friend,
F.C. BENNETT.
TO THE HON. STEPHEN J. FIELD, SAN JOSE.
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Letter of Mr. Merritt.
SALT LAKE CITY, UTAH, May 4th, 1879.
MY DEAR JUDGE:
Your letter of the 27th of April reached me day before yesterday, and the copy of the proceedings in the matter of the impeachment of W.R. Turner, on yesterday. The editorial comments on the case, so far as I am concerned, are exactly correct. I remember distinctly having voted for the indefinite postponement of the charges against Turner on the distinct understanding that you consented to it, or at least acquiesced, for the reasons:
1st, That Turner, by the passage of the bill concerning courts of justice, etc., had been sent to a district where he could do no harm and was out of the way; 2d, That you did not desire to extend the session of the Legislature; and, 3d, That the whole matter was extremely distasteful and disagreeable to you. I remember further very distinctly, even after this great lapse of time, that I was very much astonished when you told me that I had voted under a misapprehension as to your views and wishes. It is very certain that Turner would have been impeached had not a false report, as to your views and wishes on the subject, been industriously circulated among the members of the Assembly a short time before the vote was taken.
That report alone saved Turner from impeachment.
Very truly your friend,
SAML. A. MERRITT.
HON. S.J. FIELD, Sup. Ct. U.S.
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Letter of Mr. McCorkle.
WASHINGTON, CITY, D.C., May 8th, 1879.
HON. S.J. FIELD.
MY DEAR SIR: I have received your note and the printed record of the "Proceedings of the Assembly of the State of California of 1851, on the petition of the citizens of Yuba and Nevada Counties for the impeachment of Wm. R. Turner, Judge of the Eighth Judicial District of California." The simple reading of the record recalls vividly to my mind all of the circumstances of the case and enables me to answer your inquiry in regard to the indefinite postponement of the motion to impeach Judge Turner.
A bill introduced by yourself, increasing and changing the numbers of the judicial districts of the State, had passed the Legislature, and became a law some weeks before the motion to impeach Judge Turner was called up. By this law Judge Turner was banished to the Klamath—a region inhabited almost exclusively by savage red-skins, the elk, and grizzly bear, and as Turner was supposed by anthropologists to be a resultant of that mysterious law of generation denominated atavism or reversionary heredity, and bore the impression, in not only the bodily form, but the instincts, passions, manners, and habits of the "cave-dwellers" of the rough-stone age, there appeared to be a fitness and adaptation in the new locality and its surroundings to the man, which was at once appreciated and approved by all persons familiar with him, and his conduct and behavior, both on and off the bench.
Under these circumstances the report obtained general credence, that you and your constituents were satisfied with the removal of Judge Turner from the bench of the Eighth Judicial District; and I have no doubt influenced all or nearly all who voted to indefinitely postpone his impeachment.
As for myself, having a personal knowledge of the truth of the charges made against Judge Turner by the citizens of Yuba and Nevada Counties, I am free to say that no consideration other than that you and your constituents were satisfied with Judge Turner's removal from the Eighth Judicial District, could have induced me to cast my vote for the indefinite postponement of Judge Turner's impeachment.
Do you realize the fact, my dear Judge, that more than a quarter of a century has elapsed since these events transpired? Though my respect for you as a man, and my admiration for you as a jurist, have increased since we were actors in these scenes; yet I am frank enough to say to you, that if I had to play my part again, with my increased experience, I would not vote to indefinitely postpone the impeachment of a judge whom I knew to be guilty of the charges made against Judge Turner by yourself and others, even though the report were true that you and your constituents were satisfied with his simple removal from your judicial district.
Respectfully and truly yours, &c.,
JOS. W. MCCORKLE.
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Letter of Mr. Bradford.
SPRINGFIELD, ILL, May 8th, 1879.
JUDGE FIELD.
MY DEAR FRIEND: Yours of the 27th April should have been answered ere this, but before doing so I desired to get all the reminders that I could. I looked carefully over the journal. All that I had recollected in the whole matter was that I had an intense feeling in favor of sustaining your position, and when you informed me that I had voted to dismiss the proceedings I was profoundly astonished.
I thought you must be mistaken until I saw the journal….
Some very satisfactory assurance must have been given me that such vote would be satisfactory to you, and I only wonder that I did not have the assurance verified…. I assume that the Editor is correct in the explanation as given.
Very truly, J.S. BRAFORD.
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Letter of Mr. Carr.
SAN FRANCISCO, May 15th, 1879.
MY DEAR JUDGE: I have received your letter and a printed copy of the record of the proceedings of the Assembly of California of 1851, in the matter of the impeachment of William R. Turner, Judge of the then Eighth Judicial District of the State. In reply, I have to say, that the statement of the Editor as to the vote on the motion to indefinitely postpone the proceedings is correct, so far as I am concerned.
It was distinctly understood by me, and to my knowledge by other members of the Assembly, that you had consented to such postponement, it being explained that the postponement was not to be taken as an approval of the Judge's conduct. On no other ground could the motion have been carried. If the vote had been taken on the charges made, articles of impeachment against the Judge would undoubtedly have been ordered.
Your consent to the postponement was understood to have been given, because of the change in the judicial districts by an act introduced into the Assembly by yourself, under which Judge Turner was sent to a district in the northern part of the State, where there was at the time scarcely any legal business, and which was removed to a great distance from the district in which you resided, and because of the general desire manifested by others to bring the session of the Legislature to a speedy close. The impeachment of the Judge would have necessitated a great prolongation of the session.
No member of the Assembly justified or excused the atrocious and tyrannical conduct of the Judge towards yourself and others.
I am, very truly, yours,
JESSE D. CARR.
HON. STEPHEN J. FIELD.
[1] By mistake, there are two Exhibits H; they are, therefore, marked No. I. and No. II.
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EXHIBIT H, No. II.
Letter of Judge Gordon N. Mott giving the particulars of the difficulty with Judge Barbour.
SAN FRANCISCO, Apr. 28th, 1876.
HON. STEPHEN J. FIELD.
DEAR SIR: Your letter of the eleventh instant, in which you requested me to give you, in writing, an account of the affair between yourself and Judge W.T. Barbour, at Marysville in 1853, was duly received.
The facts in relation to that unpleasant affair are as fresh in my memory as if they had happened yesterday; and I give them to you the more willingly for the reason that you incurred the spite and malice of Judge Barbour, by acts of personal and professional kindness to me, which gave him no just or reasonable cause of offence; and though the following statement of facts will place the character of Judge Barbour, now deceased, in a very bad and even ludicrous light, the events in mind are nevertheless a part of the history of our early days in California, and I see no impropriety in complying with your request. The facts are as follows: You and I were walking together along D street in the city of Marysville, when we met Judge Barbour, who, after using some offensive and insolent remarks, gave you a verbal challenge to meet him in the way resorted to by gentlemen for the settlement of their personal difficulties. You accepted the challenge instantly, and referred him to me, as your friend, who would act for you in settling the preliminaries of a hostile meeting. In half an hour I was called upon by Hon. Chas. S. Fairfax as the friend of Judge Barbour. He said Judge Barbour had told him that Judge Field had challenged him to mortal combat, and requested him to meet me for the purpose of arranging the terms of the meeting between them. I told Mr. Fairfax at once that such was not my understanding of the matter; that I was present when the challenge was given by Judge Barbour and accepted by Judge Field. After further consultation with you we agreed that it was better for you to accept the false position in which Judge Barbour seemed determined to place you, and "to fight it out on that line," than longer submit to the insolence and persecution of a bitter and unscrupulous adversary. Mr. Fairfax then claimed, in behalf of Judge Barbour, that, as he was the party challenged, he had the right to the choice of weapons, and the time, place, and manner of the combat; to which I assented. He then stated that Judge Barbour proposed that the meeting should take place that evening in a room twenty feet square; that each party was to be armed with a Colt's navy revolver and a Bowie-knife; that they should be stationed at opposite sides of the room, and should fire at the word, and advance at pleasure, and finish the conflict with the knives. I told Mr. Fairfax that the terms proposed by his principal were unusual and inconsistent with the "code," and that I could not consent to them or countenance a conflict so unprecedented and barbarous. Mr. Fairfax agreed with me that Judge Barbour had no right to insist upon the terms proposed, and said that he would consult with him and get him to modify his proposition. Upon doing so he soon returned, and stated that Judge Barbour insisted upon the terms he had proposed as his ultimatum, and requested me to go with him and call on Judge Barbour, which I did. I had now come to the conclusion that Barbour was playing the role of the bravo and bully, and that he did not intend to fight, and resolved on the course that I would pursue with him. Mr. Fairfax and myself then called on Judge Barbour, and I repeated what I had said to Mr. Fairfax, adding that it would be shameful for two gentlemen, occupying such positions as they in society, to fall upon each other with knives like butchers or savages, and requesting him to dispense with the knives, which he still refused to do. I then looked him straight in the eye and said, well, sir, if you insist upon those terms, we shall accept. I saw his countenance change instantly. "His coward lips did from their color fly;" and he finally stammered out that he would "waive the knife." Without consulting you, I had determined that if Barbour still insisted upon a conflict with Bowie-knives I would take your place, believing that he would not have any advantage over me in any fight he could make; and knowing, moreover, that you had involved yourself in the difficulty on my account, I thought it only just for me to do so. But it was demonstrated in the sequel that Barbour was playing the game of bluff, and that he did not intend to fight from the start. It was finally settled, however, that the combat should take place as first proposed, except that pistols only were to be used. Mr. Fairfax and myself then commenced looking about for a room; but in the meantime the affair had been noised about town and we found it impossible to get one. Mr. Fairfax then, after consulting Judge Barbour, proposed that the meeting should take place the next morning in Sutter County; to which I assented; and all the terms and preliminaries were arranged and agreed upon. At that time there were two daily lines of stages leaving Marysville for Sacramento, and you and your friends were to go down the Sacramento road to a point below Bear River in advance of the stages, and I was to select a suitable place for the meeting. Judge Barbour and his friends were to follow us in one of the coaches and I was to hail the driver as he approached the place of meeting. You and your adversary were to be stationed one hundred yards apart, each armed with as many Colt's revolvers as he chose to carry; to fire upon each other at the word, and to advance at pleasure and finish the conflict. Our party was promptly on the ground according to agreement; and when the first coach came in sight I hailed the driver and found that Judge Barbour and his friends were not aboard, and the coach passed on a little below us and turned out of the road and stopped. Soon after the other coach came in sight, and I again hailed the driver, who stopped the coach, and Judge Barbour instantly jumped out, and in a very excited manner said that he was going forward to the other coach, and called on the passengers "to take notice, that if that d——d rascal" (pointing to you) "attacked him he would kill him." I stepped in front of Judge Barbour and said: Hold! Judge Field will not attack you, sir; remarking at the same time to Mr. Fairfax that this was strange conduct on the part of his friend, and not in accordance with our understanding and agreement; that each party was to bear his portion of the responsibility of the meeting which was to take place between them. Mr. Fairfax appeared both astonished and mortified at the pusillanimous conduct of his principal, who seemed determined to rush forward to the other coach; and I requested him to wait until I could go back and consult you in the matter, for I was afraid that you might possibly be provoked to make the attack. When I returned to you and explained what had been said at the coach, you asked if it would be proper for you to make the attack. I told you most decidedly not; to let the coward go, and he would never annoy or trouble you again. Mr. Fairfax, who possessed a nice sense of honor, and was a gallant and accomplished gentleman, was so disgusted and mortified at the conduct of his principal that he left him and came over and joined our party, and after taking breakfast with us at Nicolaus, returned with us to Marysville, while Judge Barbour went on his way to Sacramento. Thus, what threatened in its inception to be a sanguinary tragedy, ended in a ridiculous farce. The determined and resolute stand which you assumed in this affair with Judge Barbour, saved you from any farther insolence or persecution from men of his class.
This letter has been drawn out to a most tedious length, and yet there are many circumstances connected with our early life and times in Marysville that I would add but for fear of trying your patience.
Please write to me on receipt of this, and tell me how my memory of the facts contained in this letter agrees with yours.
Very respectfully and truly your friend,
GORDON N. MOTT.
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