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 a.s.sented. 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 princ.i.p.al 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 a.s.sented; 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 pa.s.sed 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 pa.s.sengers "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 princ.i.p.al, 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 princ.i.p.al 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 a.s.sumed in this affair with Judge Barbour, saved you from any farther insolence or persecution from men of his cla.s.s.

This letter has been drawn out to a most tedious length, and yet there are many circ.u.mstances 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.

* * * * *

EXHIBIT I.

_Letter of L. Martin, Esq., the friend of Judge Barbour in his street attack._

MARYSVILLE, _Tuesday, March 21, '54_.

DEAR JUDGE: I was glad to hear a few days ago from our friend Filkins that the trouble between you and Judge Barbour had been settled, and that the hatchet was buried.

I wish now to explain my connection with the a.s.sault made upon you about a year ago by Barbour.[1] You have always appeared to think me in some way implicated in that affair, because I was seen by you at that time not far off from him. The facts are these: Judge Barbour told me the night before that he expected to have a street fight with you, and wanted me to accompany him. I had heard of his conduct in the affair of the intended duel in Sutter County, and knew there was bad blood between you, but I was astonished at his saying there was going to be a difficulty between you in the street. I consented to accompany him, but I supposed of course that you had received notice of his purpose, and that there would be no unfair advantage taken by him. I was, therefore, surprised when I saw you in front of your office with your arms partly filled with small pieces of board, apparently to kindle a fire. Barbour's drawing a pistol upon you under these circ.u.mstances, and calling upon you to draw and defend yourself, was not what we call at the South very chivalric. It was not justified by me then, and never has been in any way or manner, and I told him he had acted badly. I was glad to hear you defy him as you did, and dare him to shoot. I reckon he is not very proud of his conduct. I have never approved of his action, and should never have accompanied him had I believed or suspected he had not given you notice of his purpose.

With great respect I am very truly yours, L. MARTIN.

HON. JUDGE FIELD.

[1] It was February 21, 1863.

* * * * *

EXHIBIT J.

_Sections four, five, and seven of the act ent.i.tled "An act to expedite the settlement of t.i.tles to lands in the State of California," approved July 1st, 1864._

SEC. 4. _And be it further enacted_, That whenever the district judge of any one of the district courts of the United States for California is interested in any land, the claim to which, under the said act of March third, eighteen hundred and fifty-one, is pending before him on appeal from the board of commissioners created by said act, the said district court shall order the case to be transferred to the Circuit Court of the United States for California, which court shall thereupon take jurisdiction and determine the same. The said district courts may also order a transfer to the said circuit court of any other cases arising under said act, pending before them, affecting the t.i.tle to lands within the corporate limits of any city or town, and in such cases both the district and circuit judges may sit.

SEC. 5. _And be it further enacted_, That all the right and t.i.tle of the United States to the lands within the corporate limits of the city of San Francisco, as defined in the act incorporating said city, pa.s.sed by the Legislature of the State of California, on the fifteenth of April, one thousand eight hundred and fifty-one, are hereby relinquished and granted to the said city and its successors, for the uses and purposes specified in the ordinance of said city, ratified by an act of the Legislature of the said State, approved on the eleventh of March, eighteen hundred and fifty-eight, ent.i.tled "An act concerning the city of San Francisco, and to ratify and confirm certain ordinances of the common council of said city," there being excepted from this relinquishment and grant all sites or other parcels of lands which have been, or now are, occupied by the United States for military, naval, or other public uses, [or such other sites or parcels as may hereafter be designated by the President of the United States, within one year after the rendition to the General Land-Office, by the surveyor-general, of an approved plat of the exterior limits of San Francisco, as recognized in this section, in connection with the lines of the public surveys: _And provided_, That the relinquishment and grant by this act shall in no manner interfere with or prejudice any bona fide claims of others, whether a.s.serted adversely under rights derived from Spain, Mexico, or the laws of the United States, nor preclude a judicial examination and adjustment thereof.]

SEC. 7. _And be it further enacted_, That it shall be the duty of the Surveyor-General of California, in making surveys of the private land claims finally confirmed, to follow the decree of confirmation as closely as practicable whenever such decree designates the specific boundaries of the claim. But when such decree designates only the out-boundaries within which the quant.i.ty confirmed is to be taken, the location of such quant.i.ty shall be made, as near as practicable, in one tract and in a compact form. And if the character of the land, or intervening grants, be such as to render the location impracticable in one tract, then each separate location shall be made, as near as practicable, in a compact form. And it shall be the duty of the Commissioner of the General Land-Office to require a substantial compliance with the directions of this section before approving any survey and plat forwarded to him.--[13 Stats. at Large, pp. 333-4.]

That part of the fifth section, which is included within brackets, was inserted at the suggestion of the Commissioner of the General Land-Office.

* * * * *

_The act ent.i.tled "An act to quiet the t.i.tle to certain lands within the corporate limits of the city of San Francisco," approved March 8th, 1866._

_Be it enacted by the Senate and House of Representatives of the United States of America in Congress a.s.sembled_, That all the right and t.i.tle of the United States to the land situated within the corporate limits of the city of San Francisco, in the State of California, confirmed to the city of San Francis...o...b.. the decree of the Circuit Court of the United States for the Northern District of California, entered on the eighteenth day of May, one thousand eight hundred and sixty-five, be, and the same are hereby, relinquished and granted to the said city of San Francisco and its successors, and the claim of the said city to said land is hereby confirmed, subject, however, to the reservations and exceptions designated in said decree, and upon the following trusts, namely, that all the said land, not heretofore granted to said city, shall be disposed of and conveyed by said city to parties in the bona fide actual possession thereof, by themselves or tenants, on the pa.s.sage of this act, in such quant.i.ties and upon such terms and conditions as the legislature of the State of California may prescribe, except such parcels thereof as may be reserved and set apart by ordinance of said city for public uses: _Provided, however_, That the relinquishment and grant by this act shall not interfere with or prejudice any valid adverse right or claim, if such exist, to said land or any part thereof, whether derived from Spain, Mexico, or the United States, or preclude a judicial examination and adjustment thereof.--[14 Stat. at Large, p.

4.]

* * * * *

EXHIBIT K.

_Letter of Judge Lake giving an account of the torpedo._

SAN FRANCISCO, _April 29, '80_.

Honorable STEPHEN J. FIELD.

MY DEAR SIR: In the winter of 1866 I was in Washington attending the United States Supreme Court, and was frequently a visitor at your room.

One morning in January of that year I accompanied you to your room, expecting to find letters from San Francisco, as I had directed that my letters should be forwarded to your care. I found your mail lying on the table. Among other matter addressed to you was a small package, about four inches square, wrapped in white paper, and bearing the stamp of the Pioneer Photographic Gallery of San Francisco. Two printed slips were pasted upon the face of the package and formed the address: Your name, evidently cut from the t.i.tle-page of the "California Law Reports;" and "Washington, D.C.," taken from a newspaper. You supposed it to be a photograph, and said as much to me, though from the first you professed surprise at the receipt of it.

You were standing at the window, when you began to open it, and had some difficulty in making the cover yield. When you had removed the cover you raised the lid slightly, but in a moment said to me, "What is this, Lake? It can hardly be a photograph." A sudden suspicion flashed upon me, and stepping to your side, I exclaimed, "Don't open it; it means mischief!"

When I had looked at it more nearly, I said, "It's an infernal machine" or "a torpedo." I carried it over to the Capitol, opposite to your rooms, where Mr. Broom, one of the clerks of the Supreme Court, joined me in the examination of your mysterious looking present. It was put in water, and afterwards we dashed off the lid of the box by throwing it against the wall in the carriage way under the Senate steps. About a dozen copper cartridges were disclosed--those used in a Smith & Wesson pocket pistol, it appeared afterward--six of them lying on each side of a bunch of friction matches in the centre. The sides of the cartridges had been filed through, so that the burning of the matches might explode the cartridges. The whole was kept in place in a bed of common glue, and a strip of sand-paper lying upon the heads of the matches was bent into a loop to receive the bit of thread, whose other end, secured to the clasp of the box, produced that tension and consequent pressure requisite to ignite the matches upon the forcible opening of the lid. To make a.s.surance doubly sure, a paste of fulminating powder and alcohol had been spread around the matches and cartridges.

There was a newspaper slip also glued to the inside of the lid, with words as follows: "Monday, Oct. 31, 1864. The City of San Francisco vs. United States. Judge Field yesterday delivered the following opinion in the above case. It will be read with great interest by the people of this city." Then followed several lines of the opinion. Even that gave no clue to the source of the infernal machine, but from the fact that it was evidently made by a scientific man, and that from its size it must have been pa.s.sed through the window at the post office, instead of into the letter-box, it was thought [that there was] a sufficiently conspicuous mode of action to expose the sender of the torpedo to detection. Whoever it may have been took a late vengeance for the decision of the Pueblo case--if such was the veritable motive of the frustrated a.s.sa.s.sination--as the decision referred to was rendered in 1864. On that account it was conjectured that the contriver of the machine might be some guilty person, who had received sentence from you, and who used the reference to the Pueblo case to divert suspicion from himself.

So far as I know, all efforts to discover the author of the intended mischief have been fruitless.

The box with its contents, was sent to the Secretary of War, who directed an examination by the Ordnance Department. General Dyer, then Chief of Ordnance, p.r.o.nounced it a most cleverly combined torpedo, and exploded one of the cartridges in a closed box, producing a deep indentation upon its sides.

General Dyer added, among other a.n.a.lytical details, that the ball weighed 52 grains.