I was the first one called upon to show cause why
I should not be again expelled. I stated that
I was ready, and first read an affidavit of one of
the Associate Justices of the Court of Sessions, to
show that the Judge had declared his purpose to expel
myself and the other gentlemen in any event, and that
it was an idle ceremony to call upon us to show cause
against such threatened action. As soon as it
was read, the Judge declared that it was not respectful
and could not be received. I then began to read
my answer to the order to show cause, but was stopped
when I had read about one half of it, and was told
that it was not respectful and could not be received.
I then requested permission to file it, but my request
was refused. Mr. Mulford being called upon to
show cause why he should not be expelled, began to
read an answer, but was stopped after reading a few
lines. His answer was respectful, and was substantially
to the effect that he had been admitted as attorney
and counsellor in the Supreme Court on the previous
July, and was thus entitled to practice in all the
courts of the State; that the communication in the
Placer Times was written in reply to an article of
the Judge, and that he was ready at the proper time
and place to substantiate its truth; and he protested
against the Judge’s interfering in the matter
in the manner indicated in the notice. Mr. Goodwin
being called upon, took in his answer substantially
the same grounds as Mr. Mulford. Immediately after
Mr. Goodwin took his seat, without a moment’s
hesitation, the Judge made an order that his previous
order of the eleventh of October, expelling us, should
be confirmed, and that the order should be published
in the Sacramento Times and the San Francisco Herald.
I immediately took the proper steps to obtain another
mandate from the Supreme Court to vacate this second
expulsion; and also to attach the Judge for non-compliance
with the original mandate, the first order of expulsion
still being unvacated on the records of the court.
At the January term, 1851, the applications to the
court in both cases were decided, and they are reported
in the 1st California Reports, at pages 189 and 190.
In the attachment case, the court denied the application
on the ground that no motion had been made by us or
any one on our behalf to cause the original order
of expulsion to be vacated, and that the Judge had,
in the proceedings to expel us, substantially recognized
us as re-instated. In the other case, the court
decided that the proceedings to re-expel us were irregular,
and directed an alternative writ to issue, commanding
the Judge to vacate the order and to permit us to
practice in all the courts of the district, or to show
cause to the contrary, at the next term. No cause
was ever shown; and thus ended the attempts of an
ignorant, malicious, and brutal judge to keep us out
of the profession of our choice. Mr. Goodwin has
since held many positions of honor and trust in the
State. He was elected District Attorney at the
same time that I was elected to the Legislature, and
afterwards was Judge of Yuba County, and is now (1877)
a member of the State Senate. Mr. Mulford was
afterwards and until his death a successful practitioner
at the bar of Marysville, and was in all the affairs
of life respected as a high-spirited and honorable
man.