When the bill of 1851, dividing the State into new judicial districts, became a law, there were several candidates for the office of Judge of the Tenth Judicial District, which comprised the counties of Yuba, Nevada, and Sutter.  Henry P. Haun, the County Judge of Yuba, was one candidate; John V. Berry, a lawyer of the same county was another; and Gordon N. Mott, a lawyer of Sutter County, was a third.  My first choice was Berry; but, finding that he had very little chance, I gave what influence I had in favor of Mr. Mott, and he received from the Governor the appointment of Judge of the new district.

In the Summer of 1851, the Governor issued his proclamation for the Fall elections, and, among others, for an election to fill the office of Judge of the Tenth District.  I had supposed—­and there were many others who agreed with me—­that Judge Mott’s term under his appointment would continue until the election of 1852.  But there being some doubts about the matter and the Governor having issued his proclamation for an election, candidates were nominated by the conventions; and at the ensuing election one of them, William T. Barbour, a lawyer of Nevada County, received a majority of the votes cast and was declared elected.  When he came, however, to demand the office, Judge Mott expressed his opinion that there had been no vacancy to be filled and declined to surrender.  This led to a suit between them.  The question involved being exclusively one of law, an agreed case was made up and presented to the Supreme Court, and that tribunal decided in favor of Barbour.  A report of the case is given in the 3d California Reports, under the title of People, ex rel.  Barbour, vs.  Mott.

In the case I appeared as counsel for Judge Mott and argued his cause.  This offended Judge Barbour, and he gave free expression to his displeasure.  Afterwards, when his term for the vacancy was about to expire and a new election was to be held, he presented himself as a candidate for a second term.  It was my opinion that he was not qualified for the position, and I therefore recommended my friends to vote for his opponent.  For some weeks previous to the election I was absent from the district; but I returned two days before it was to take place and at once took a decided part against Barbour and did all I could to defeat him.  This action on my part, in connection with my previous zeal in behalf of Judge Mott, led Barbour to make some very bitterly vituperative remarks about me, which being reported to me, I called on him for an explanation.  Some harsh words passed between us at the interview.  The result was that Barbour refused to make any explanation, but gave me a verbal challenge to settle our difficulties in the usual way among gentlemen.  I instantly accepted it and designated Judge Mott as my friend.