Personal Reminiscences of Early Days in California with Other Sketches; To Which Is Added the Story of His Attempted Assassination by a Former Associate on the Supreme Bench of the State eBook

George Congdon Gorham
This eBook from the Gutenberg Project consists of approximately 412 pages of information about Personal Reminiscences of Early Days in California with Other Sketches; To Which Is Added the Story of His Attempted Assassination by a Former Associate on the Supreme Bench of the State.

Personal Reminiscences of Early Days in California with Other Sketches; To Which Is Added the Story of His Attempted Assassination by a Former Associate on the Supreme Bench of the State eBook

George Congdon Gorham
This eBook from the Gutenberg Project consists of approximately 412 pages of information about Personal Reminiscences of Early Days in California with Other Sketches; To Which Is Added the Story of His Attempted Assassination by a Former Associate on the Supreme Bench of the State.

I regret to be compelled to add, that notwithstanding the manly and courageous conduct which Judge Haun had thus shown, no sooner was the court adjourned than he was persuaded to make a qualified apology to the District Court for discharging me, by sending a communication to it, stating “that if he was guilty of obstructing the order of the court in releasing Field, he did it ignorantly, not intending any contempt by so doing;” and thereupon the District Court ordered that he be released from confinement, and that his fine be remitted.[2]

Of course there was great excitement through the town as soon as these proceedings became known.  That night nearly all Marysville came to my office.  I made a speech to the people.  Afterwards some of them passed in front of Turner’s house, and gave him three groans.  They then dispersed, and in returning home some of them fired off their pistols as a sort of finale to the proceedings of the evening.  The firing was not within three hundred yards of Turner’s house; but he seized hold of the fact of firing, and stated that he had been attacked in his house by an armed mob.  He also charged that I had instigated the crowd to attack him, but the facts are as I have stated them.  There was a great deal of feeling on the part of the people, who generally sided with me; but I did nothing to induce them to violate the law or disturb the peace.  Even if I wished to do so, prudence and policy counselled otherwise.

When Turner caused the names of Mulford, Goodwin, and myself, to be stricken from the roll of attorneys, we, of course, could no longer appear as counsel in his court.  I at once prepared the necessary papers, and applied to the Supreme Court of the State for a mandamus to compel him to vacate the order and reinstate us.  I took the ground that an attorney and counsellor, by his admission to the bar, acquired rights of which he could not be arbitrarily deprived; that he could not, under any circumstances, be expelled from the bar without charges being preferred against him and an opportunity afforded to be heard in his defence; that the proceedings of Judge Turner being ex-parte, without charges preferred, and without notice, were void; and that a mandate, directing him to vacate the order of expulsion and restore us to the bar, ought to be issued immediately.

In addition, to this application, I also moved for a mandamus to him to vacate the order imposing a fine and imprisonment upon me for the alleged contempt of his court, or for such other order in the premises as might be just.  I took the ground, that as the order did not show any act committed which could constitute a contempt of court, it was void on its face, and should be so declared.  My old friend, Gregory Yale, assisted me in the presentation of these motions.  In deciding them, the court delivered two opinions, in which these positions were sustained.  They are reported under the titles of People, ex rel.  Mulford et al., vs.  Turner, 1 Cal., 143;

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Personal Reminiscences of Early Days in California with Other Sketches; To Which Is Added the Story of His Attempted Assassination by a Former Associate on the Supreme Bench of the State from Project Gutenberg. Public domain.