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Newspaper Notes - 1850s (NN-18.5)(1850s) (336 pages)

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Page: of 336

7
thing he could—he admitted his
own inexperience in matters of
marriage and divorcee and agreed
to take the position on the condi-)
tion that the jury accept the opinion of its eighty-odd year old
member.
; ‘To this the jury agreed, and
the old fellow was asked for his
opinion. ‘Il believes,” he said,
“if they can’t agree to go together; let them go apart.’ So
as each case came up, Stewart
lrose and read the verdict of the
jury, “We, the jury, find the!
defendant guilty of extreme cruelty.”
Did Their Best
That afternoon and evening,
there were ten weddings in Nevada City. Writing in later years
of the incident, Stewart said:
“I then thought, and still think,
that we did the best thing that
could have been done. These
women were separated from
their husbands and if they had
not been allowed to marry the
men who had parted them they
would perhaps have done worse.
Some of them made good citizens}
and raised families, and when)
they grew rich became very
aristocratic.” i
At the time of the divorce}
cases, Stewart had come to cowed
from the Eureka (Graniteville)!
region where he was engaged}
with two other men in building!
the Grizzly Ditch. He had lett)
his claim on Buckeye Hill the;
year before to prospect in .
country: to the northeast. There}
in the Jate fall of 1850, -he had)
discovered ‘and named the rich.
RPureka Diggings: .. 0 +: .
Now a year later he was build-;
ing the Grizzly Ditch, which)
would carry water from . Grizzly;
Canon and Bloody: Run near
Eureka to newly-discovered diggings on Shady .Creek’ near
did most of the surveying’ himself with crude equipment that
he made, as he had studied the
principles of surveying during
his short experience as a college
student at Yale.
Ambushed by Indians
It was while surveying the
course of the Grizzly Ditch that
Stewart was ambushed by Indjans. He had turned off thef
main trail near Bloody Run to
get a view of a water cascade
he turned around and let. his
mule go as fast as she could
through the brush, as the Indians sent arrows whizzing around
his head, One arrow knocked off
his hat, ee Se
In making his escape over ter-. !
rain with which he was not},
familiar, Stewart stumbled right
into the middle of an Indian
camp, where several hundred
braves -and squawswere gathered. But his mule was moving so
fast that he made it through the
camp before the Indians knew
what was happening. ;
Stewart then rode down the
ridge to where Tom Burns, on
Irishman, had set up a whiskey
stop. There he borrowed a rifle
and a hat and rode back to deal
with the Indians. He had gone
but a few miles when he came
across the body of a Frenchman
who had been massacred by the
Indians. He decided then that
he should go back to Nevada]
City and organize a war party
jto take care of the killers.
Chief Taken , Prisoner
The next day, Stewart rode up
the ridge with 20 heavily-armed
men, At.dawn of the following}.
morning, when Stewart gave
the signal, the men began firing,.
San A
Cherokee (now Tyler). Stewart,
when a band of Indians on foot
appeared at the top of the ridge
in front of him. He began to flee;
in the opposite direction, when. ’
another party loomed up in front
of him in the brush, Cut off
from escape on both sides, he!
and the disorganized Indians
'quickly surrendered. Chief Big}'
Jim was taken prisoner, andj]
with him, Stewart concluded aj]
treaty under which the Indians];
agreed to leave that part of the
country. But after the treaty{I
‘was signed, Big Jim and _his}i
jfollowers were seen taking cover'. t
. behind rocks and brush. Stewart, . 1
jalarmed by their treachery, led!
his men against them, cen
the group, and hanged Big Jim. ,
Impressed by the action, the In-)
dians left the vicinity and never)
ireturned.
.
Luter while he was surveying])
the ditch, he came across eight
skeletons hidden in the brush —
people who had been massacred })
along the trail.
Through his various ventures,
‘Stewart accumulated about eight
thousand dollars and decided to
enter law. First he read various
Jaw books, and then early in 1852
he entered the law office of J. R.
McConnell, In the® fall of — that
year he was admitted to the
torney.
‘the moment Stewart took office he inherited the antagonisms
that people held tor his predecessor, His most impressive Tr
val was James Churchman,
forbar and appointed district at}
merly of Illinois, who had prac:
tieed with Abraham Lincoln,
General Baker, and other noted
lawyers in the early days of that
state. Churchman, as it worked
oul, was to serve as defense attorney in the first cases that
Stewart had to prosecute.
As a precautionary measure,
Stewart tried the least important
cases first. But from the outset,
Churchman took advantage of
his inexperience, backing him
into a corner on every possible
occasion. . ;
_ Answered Harshily
. In such instances, Stewart
knew ‘of only one way to extricate himself. Stewart wrote ‘later, “J retorted to his sarcasrn
in very harsh Iunguage. In fact,
I was as insulting as 1 could
possibly be in a court of justice,
as I desired — and called me a
liar, which gave me the opportunity to have a personal encounter with him.
“The court, in dealing with. !
ithe “matter,ordered my im\prisonment and imposed a small
fine, which I paid. I went to
prison, a retreat I desired under the circumstances.”
The sheriff was one of Stewjart's friends and instead of put-}
iting him away in a cell, he set
him up in his own bedroom and
fetched his law books so that
Stewart could study up on the
legal technicalities on which he
had been caught,
After three such incidents,
Stewart was able to stand before
the court and present his cases
with confidence. Gradually, his .
{opposition became more cautious),
‘and reserved. Never again in a
jcourt of law or before a political
body was’ any mon to out argue
or outwit William Morris Stew-. ;
cart. sik)
ne =
oO
,
whereupon he became enraged —}.