
W. W. MORELAND
Was born in Clarksville,
Johnson County, Arkansas, April 14, 1845. Emigrated to California in the
year 1859; lived at Angel's Camp, Calaveras County, about one year, then
moved with his mother to Stockton. Entered Pacific Methodist College at
Vacaville, Solano County, in 1863, and graduated on the 16th day of May,
1867. Taught six months in a public school at Collegeville, San Joaquin
County. Went to Oregon in November, 1867, and taught four years in Corvalis
College. Studied law, and was admitted to the Supreme Court in December,
1872. Commenced the practice at Oregon City, Oregon. Was elected
Superintendent of Schools in Clackamas County, and served one term. His
health not being good in Oregon, he returned to California in the winter of
1874-5, located in Healdsburg, and recommenced the practice of law. Was
elected School Trustee in June, 1877, of the Healdsburg District. Was
elected a delegate to the Constitutional Convention of California in June,
1878, and served in that body to the entire satisfaction of his
constituents. Was elected in September, 1879, a State Senator, and will sit
in the first Senate holden after its adoption of the new Constitution. Mr.
Moreland was admitted to practice before the Supreme Court on the 11th of
November, 1878. He was married in December, 1870, and has one child.
Source: "History of Sonoma County, Cal.," Alley,
Bowen & Co., San Francisco, 1880, p. 512.
Transcribed and submitted by Sally Kaleta, July, 2007.

The following
autobiography has been furnished us by the distinguished captain and lawyer
himself: The subject of this sketch is a native of the state of New York,
but his childhood and early youth were principally spent in the Canadas. He
was born in 1820, and consequently, at this writing, is fifty-nine years
old, and was sixteen years of age at the breaking out of the Canadian
rebellion. Boy as he was, being strongly imbued with the notions of a
Republican form of government, he joined the patriot, or rebel side, and
enlisted as a minute man, to take up arms against the British Government,
and, on call, December 12, 1836, marched with Captain Dones' company, to
join Duncom, at Norwich, who was raising forces to meet Sir Alan McNab, who
was approaching that place with a formidable command of British soldiery.
When en route to join Duncom, the company, near Otter Creek, were fired upon
by the Tories from an ambush, where he received a rifle ball, which grazed
the spine and lodged in his hip; which he still carries. The wound was
slight, and in no degree disabled him. Without further adventure the company
joined Duncom, but it was soon found that a sufficient force could not be
collected to make a successful stand against the British regulars. Young
Norton awoke one morning to find Duncom and the other officers, and most of
the men gone, and notices posted, advising every man to seek his own safety.
Norton, with a young companion, took up the line of march for home. The snow
was about a foot deep on the ground, the weather was cold, and the boys were
ninety miles from home, and entire strangers, not knowing friend from foe,
and the enemy were emboldened by the cowardly conduct of Duncom, and hence
there was but one show, and that was to take the main road for home, arms in
hand, and brave it out; all that can be said here is, that there were
numerous attempts to arrest, resistance made, and several shots exchanged;
in fact, to that extent did the attack and resistance go, that it was
reported and believed by his friends at home, that young Norton was killed,
the Tories exhibiting a piece of his cap in confirmation of the assertion.
He got within thirty miles of home when he was surrounded by a large force
of the enemy and compelled to surrender, at Otter Creek, and was marched
immediately to Simcoe Jail, where he remained, and at which place he
received the name of "Davy Crockett," by which name he went during his long
imprisonment. The name was suggested by the fact of the small wound caused
by a bullet coming in close proximity to the skull, and the boys declared
that, like Davy Crockett of old, the Tory bullets would not penetrate his
hide. He remained two weeks a prisoner at Simcoe, when his friends learned
that the report of his death was false, and that he was a prisoner, and that
all excepting those deemed dangerous were admitted to bail. A portion of the
prisoners were mere boys, and many on the account were discharged on their
own recognisance who were older than "Davy," but when bail was offered for
him it was refused, and he was then sent to London, where he remained a
close prisoner for nine months; was indicted for high treason, but owing no
allegiance to the Crown of England they could not convict, consequently,
after recovering from a severe attack of typhoid fever, which prostrated him
for three months, he was at last discharged, or rather given the choice to
leave her Britannic Majesty's Dominion at once, or suffer death as a felon.
He "left," and settled in Kane County, Illinois, where he engaged in the
business of farming, milling, etc., and resided there about ten years, when
the war with Mexico called on that State volunteers, and conceiving that he
had some military genius, he commenced raising volunteers, but as a man
named Harvey had also commenced recruiting for a company, Norton, for a
time, discontinued his efforts; but it was soon discovered that Harvey had
not the necessary influence to raise the company, so it was proposed to turn
the skeleton company over to Norton, which was done. Norton proceeded to
fill the company, and transported the same to Alton, Illinois, where they
were mustered into service and marched to the seat of war, where he served
with distinction. But as that part of his life has been written an published
under the title of "Memoirs of the Mexican War, by Capt. L. A. Norton," it
will be omitted in this brief sketch of his eventful life, but let it
suffice here to say, with his command he ranged Tamaulipas, crossed the
Sierra Madre Mountains, marched from Vera Cruz to the city of Mexico, and
returned to New Orleans as Commissary of Gen. Patterson's staff-ship
"Massachusetts," at the close of the war. In 1849 he was admitted to the
bar, before the Supreme Court of Illinois, Trumball, Treat, and John Dean
Caton presiding; made a flying visit to California in 1850, and finally
returned and permanently settled in Placerville, El Dorado County, in 1852;
he there first engaged in mining, and worked his claim, on Prospect Flat,
during the hard winter of 1852-3, to gain a support for himself and three
sick companions, when he was paying one dollar a pound for flour, same for
bacon, potatoes, and everything in the shape of provisions, in the same
ratio. In the spring, three roughs attempted to jump a portion of his claim;
he submitted the matter to a miners' meeting, who decided that the claim
belonged to the Captain, and proferred him a committee to place him in
possession. He informed them that in case he needed them he would call on
them. He went down early in the morning and commenced work personally. The
jumping party arrived, when the Secretary read them the decision of the
miners' meeting, (for they had refused to attend this meeting). They
declared that they didn't care for the decision; they would work the claim
or die in it; that they were from Kentucky, by G_d, and they were able to
fight their way. The Captain remarked that he was not from Kentucky, neither
was he a brave man, but that they had better look out, as an invasion of his
rights might make a lion of him; and so far as their boast was concerned
they might die on the claim, but they would never work it. And as Doctor
Morse, who was Secretary of the meeting, tells the story, the leader of the
gang seized a bright new pick, and it was difficult to say whether the gleam
of the polished steel or the man's eye shone the most malignantly. He rushed
upon the Captain, who seized the descending pick with his right hand and
literally wrenched it from the man, and threw his left arm about him, and
pinned him as in a ruse. The second made a terrific blow with a long-hauled
mining shovel at the Captain's head. He instantly wheeled the man that he
was holding under the blow, and the blow aimed at the Captain would most
assuredly have killed his friend but for the fact that the doctor, seeing
the blow descending, caught the force of it upon another uplifted shovel
that he interposed just in time. The party striking, seeing what he would
have done, leaned deadly pale, stepped back and sank upon the grass; when
the third bounded forward with an uplifted spade and said: "Release that man
or I will split you to the ground." The Captain exclaimed: "You coward, you
dare not strike any one," dealing him a terrible kick which willed him to
his feet; when the villain in the Captain's embrace remarked that the claim
was not worth fighting about, and if he would release him they would leave.
The Captain informed him that he should have thought of that before he
commenced, at the same time thrusting his hand into the fellow's side pocket
and drawing out a revolver, from which he removed the caps, threw it up on
the bank, and then released his prisoner and held them to leave or he would
kick them out of the ravine. They gathered up their tools and left. In
wrenching the pick from the party, the Captain sprained his right arm to
such an extent as to disable him from working in the mines for many months.
He accordingly went to San Francisco purchased a library and commenced his
practice as attorney at law; but having loaned some money on the goods and
auction store of Cogwin & Co., was compelled to take the stock to save
himself, and accordingly ran the business for two years; but when he
discovered that his profession was worth more to him than his stock of
goods, he closed out and again entered upon his profession as an attorney,
having invested his all in buildings and town property in the city of
Placerville. On the 5th of July, 1856, the city of Placerville was literally
wiped out by fire, and he, in common with the rest, was left comparatively
"broke," having but about three thousand dollars and his library left. But
with his usual energy he soon rebuilt a portion of his burned district.
Anterior to this date, however, in the spring of 1855, he visited Sonoma
County, and then resolved as soon as he could change his location without
much loss, to settle in that county, believing that every blow struck in the
mining district impoverished the country, while every blow struck in an
agricultural county enriched it. According to his preconceived project, the
1st day of July, 1857, found him again in Sonoma County, seeking a place to
locate. He visited the Geysers, and on his return he became favorably
impressed with the then small hamlet of Healdsburg and the broad acres of
Dry Creek and Russian River bottom land lying on each side of the town site,
while the little town itself was embowered in and overshadowed by a
luxuriant shade of native oaks, with its varied and picturesque scenery with
water as pure as ever flowed from a crystal fountain, a healthful climate
without sand-flies, gnats or mosquitoes, to afflict humanity, he resolved to
settle in Healdsburg, and take his chances to make a living at his
profession. Among the first to renew an acquaintance at this place was "old
man," Forsee, with whom he had been acquainted in El Dorado County. The old
man informed him that there was a fine opening for him in Sonoma County, but
that he must not go in with the land-grabbers. This was all knew to the
Captain, and he was led to make inquiries as to what he meant by
land-grabbers, when Judge Forsee proceeded to inform him that the county was
covered with spurious grants, purporting to be Mexican grants, but which
were fraudulent, and that he, Forsee, had united himself with the settlers
to resist the claimants of Mexican title, both legally and forcibly. That
the Fitch or Sotoyome Rancho was a fraud, that the patent issued therefor
was a fraud, that on two sides there were no boundaries, etc., etc. The
Captain visited Santa Rosa for the purpose of learning the facts from the
records, when, instead of finding the grant without boundaries, he found the
entire estate defined by the most substantial lines, and that the United
States patent had been on record for more than five years. He returned to
Healdsburg and opened an office, and soon found that all legal proceedings
at this place amounted to a grand "comedy of errors," - deeds, embracing
both sales of real and personal property, one half of them without a seal,
many without acknowledgments, etc. The first case was, The People of the
State of California vs. Charles P. McPherson, for an assault with a deadly
weapon. The Captain was employed on the defense, and one James Reynolds (now
dead) was prosecutor. The Justice, instead of sitting as a committing
magistrate, took jurisdiction of the case to try it. The Captain didn't
demur to the jurisdiction of the court. The evidence disclosed the fact that
this client had, in the town of Geyserville, struck the complaining witness
with a small stick, about one inch in diameter; but, unfortunately, there
was a large sized splitting-chisel at one end of it, used for splitting iron
in a blacksmith shop. The captain, however, convinced the jury that it was
not among the deadly weapons described in the statute, and his man was
acquitted on that charge, but, under the advice of counsel, McPherson
pleaded guilty to an assault and battery, - receipts of first month's
practice, thirty dollars. About this time a gentleman stepped into the
office and introduced himself as Egbert Judson, of San Francisco, and said:
"I am part-owner and agent of the new Sotoyome Rancho. The ranch is covered
with redwood timber, and is only valuable for the timber, and I am being
robbed by more than a hundred trespassers, who are cutting down and carrying
away my timber in lumber, pickets, shakes, rails, and for other uses. The
entire valley has been fenced, and is being fenced from my land. I started
up here to see if I could do anything to save it. I stated my object to
Colonel S. H. Fitch on the boat coming up, and told him that I was going to
see if I could employ some attorney in Santa Rosa who would try and save my
property. He replied that the man I wanted was in Healdsburg, that he knew
you well, having served through the Mexican War with you, and if you
undertook it you would accomplish it or die dying. He at the same time
remarked that they were a desperate set of men, and that he expected they
would kill any one who would attempt to stop them trespassing." The Captain
told him that his encouragements were truly refreshing, but notwithstanding,
for a reasonable consideration he would undertake it. After having fixed on
a compensation, the captain said: "go back to San Francisco you are afraid
of these men, and within two weeks you will find your worst fears realized,
or I will be in possession of your land." Judson returned to San Francisco,
and now I shall quote the captain's own language in describing his
adventures in the settlement of the squatter troubles. He says: "When Judson
left, I was in somewhat of a quandary how to commence my task, I was fully
alive to the magnitude of the undertaking; I was aware that about a month
before my arrival in Healdsburg a mob had taken and destroyed the field
notes of Surveyor General Tracy, gave him four hours to leave or hang, and
that a like mob had chased Dr. L. C. Frisbie, he only escaping by being
mounted on a fleet horse, and from the known character of some with whom I
had to deal, could scarcely hope to come out of the contest alive. First I
thought I had better commence in the District Court and call to my aid the
Sheriff's posse comitatus, and again I feared that that course would induce
them to think that I was personally afraid of them, but a notice from the
trespassers two days after my appointment, decided my course of action. The
notice which I received informed me that if I dared to show myself in the
redwoods, they would hang me to the first tree they came to. Accordingly,
the next day I loaded myself down with iron and steel, got a horse, and
started for the redwoods alone, having previously learned that their leader
was a six-foot-and-a-half Irishman, in fact a perfect giant, by the name of
McCabe, who would sally forth from his mountain hiding-place, come to
Healdsburg, get half drunk, whip out the town, and return to the redwoods
where he had his family. On my approach to the redwoods I enquired for
McCabe's shanty; on reaching it, I found him seated on his shaving-horse
making shingles. I dismounted, hitched my horse, and advanced toward him and
said: "Is your name McCabe?" He replied in the affirmative. I added:
'Fighting McCabe?' 'They call me so sometimes.' I said: 'Well, Sir; I am
that detested Judson's agent that you propose to hang to the nearest limb
and have come to surrender myself in execution; my name is Norton.' He
dallied a few moments with his drawing knife and then said: 'Suppose we
carry our threat into execution.' I made answer that there was no doubt that
they had force enough in the woods to do it, but there would be some of them
that would not be worth hanging by the time it was done. He said: 'Well,
Norton, what do you propose to do with us?' I replied: 'Mack, I intend to
put every devil of you out of the woods, unless you carry your threat into
execution.' He was silent for a minute, then said: 'Well, you look and act
as if you meant all you say.' I answered: 'I mean every word of it.' 'Well,'
said he, 'In case I leave, how long will you give a fellow to get off with
his stealings?' I said: 'How long do you want, Mack?' He replied: 'A week or
ten days.' I asked: 'Is two weeks sufficient?' He replied: 'It is.' 'Will
you leave at that time?' 'I will.' I then said: 'That is enough between
gentlemen.' Mack left according to agreement. I then went out into the woods
where the axes were cracking on every side, some chopping, some splitting
rails, others sawing bolts; in fact, it was a busy place. When I approached
them I asked them what they thought they were doing there, if they did not
know they were trespassers. They wanted to know who I was and what business
I had there. I answered: 'I am the agent of Egbert Judson, the owner of this
land and timber, and I forbid you to cut another stick and intend to make
you pay for the trespass already committed. They commenced to gather around
me, using the most insulting language; one of them, pointing to a large limb
on a spreading oak, said: 'We will give you just two minutes to get out of
this, and, unless you are gone by that time, we will string you up to that
limb.' I drew a revolver and cocked it, and told them to keep their
distance, that I would kill the first one that attempted to advance and
asked them to give me their names as I intended to prosecute them, each and
every devil. They gave me a laughable list which I will not attempt to copy
here. After informing them that they were a set of cowardly scoundrels, and
not a gentleman in the crowd, I left them and returned to Healdsburg.
Johnson Ireland was the Justice of the Peace, and a firm, positive, honest
man, and being satisfied that I could trust him, I brought about a hundred
suits, using all the aliases I could think of, placed the papers in the
hands of an officer, with instructions to serve all he could find in the
woods, except my Irish giant, with directions to obtain their real names if
possible. The actions were for trespass upon personal property, for taking
and carrying away posts, rails, pickets, etc. I think the officer got
service on sixty-two persons. The cases were set for hearing at twelve
o'clock noon. The parties did not arrive in time, and I took a default
against the crowd, and at two o'clock in the afternoon of the same day I was
seated in my office (which was on the second floor over a store on West
Street) conversing with a friend, when I heard some one hallooing on the
street. I walked to the balcony, and saw that the street was crowded with
men. Their spokesman called out, "Well, old fellow, there is a man up in the
redwoods who wants to compromise with you." I inquired his friend's name. He
replied: "Damn you, if you want my friend's name find it out the way you
found ours." I said it is very unhandsome in you not give your friend's
name, but as the business of the day is over with me, I will attend to it,
but I think you are mistaken in your man. It is not Norton you are hunting;
it is Surveyor-General Tracy, or Dr. Frisbie; but as you will not give your
friend's name, I will accompany you to see your friend. I will go with one
of you, two of you, or three of you, or I will go with your crowd; or I will
be fairer still, I will agree to come down there and whale any one of you so
blind that your wife will not know you when you get home again. I know your
kind better than you know yourselves. Instead of rushing for me, as my
friend had anticipated, they commenced gathering in knots, and at the end of
an hour there was not one of them on the street. Thus ended the first and
last attempt to mob me. My next adventure was in removing squatters from the
east side of Russian River. Judson had sent a man by the name of A. J.
Soules with a flock of sheep on his own land, on the Sotoyome Rancho, to
pasture. The squatters (numbering sixteen families) went and removed Soules
and the sheep from the grant, admonishing him that it would not be safe to
return. Judgment was obtained in the Federal Court at San Francisco in
ejectment against those men, but no one had dared to attempt to enforce it.
Having been successful in driving the trespassers from the redwoods, Judson
came to the conclusion that, perhaps, I might gain possession of his other
land. After consultation, I directed him to send me a deputy from the United
States Marshal's office, with the writs of ejectment, which he did. We went
over to the field of our new labors, about five o'clock in the evening,
having previously sent them notice of my intention to remove them in case
they refused to enter into a lease, and recognize our title. We found them
all at the house where we proposed to commence, all armed with knives or
pistols. Over an hour was consumed in trying to get the party to sign a
lease, but to no purpose. The evening was chilly, and I could not think of
throwing a woman and small children out at that time of the evening.
Accordingly, I told them that I would be there at eight o'clock the
following morning to put them out. At the appointed hour we were on hand,
and found them all there. I again tendered the lease, which was refused. I
cocked my revolver, took my position in the gateway, and directed the
Marshal to throw the goods out of the house, which he proceeded to do. They
made a demonstration as though they intended to make a rush. I warned them
to keep back. The Marshal got all out but the woman. He came to the door and
said, "I cannot get this woman out." I told him to take my revolver and keep
the men back, and I would attend to her. I walked in, found her seated in
the middle of the floor, and said: "Madame, it becomes my unpleasant duty to
remove you," at the same time stepping quickly to her back, bending over,
and putting my hands beneath her so as to carry her out. She sprang to her
feet, exclaiming, "I guess I can go myself." After the woman had surrendered
the citadel, the man (whose name, I believe, was Weber) remarked, that if it
was not too late he would sign the lease. I replied that it was never too
late for me to ameliorate the condition of my fellow-man, handed him the
lease, which he signed. We went from house to house, all signing leases -
thus Judson was restored to his land on the old Sotoyome Rancho. The Russian
River and Dry Creek Valleys at this time were nearly all in the hands of the
squatters, which territory was covered with Mexican grants, as follows:
Sotoyome or Fitch grant, eight leagues; New Sotoyome, three leagues; the
Tzabaco grant, containing something over four leagues. The titles were all
confirmed, and patents issued and on record. Notwithstanding all this, the
squatters in possession had their secret leagues all over the county, and
forcibly resisted all efforts to dispossess them, and the law seemed to be
entirely a dead letter; actions in ejectment were prosecuted to judgment;
writs of restriction were issued and placed in the hands of officers,
resistance made by an armed force, the military was called out, a
requisition for the militia on one side, and Captain Forsee mustering two
thousand squatters on the other side. Parties would be evicted one day, and
the next morning would find them in possession of the same premises they had
been ejected from the day before. Two thousand men had met and confronted
each other in bloodless combat; both parties marched and counter-marched
until the force was played out. Norton, by express command of the Sheriff,
was excluded from these wars; they finally left the affair where they
commenced. Though the fairest domain on which the sun ever shone, yet people
shunned us as we had no title, or undisputed possession. Things were in this
condition when Dr. L. C. Frisbie, from Vallejo, employed me to look after
his interests in the Sotoyome Rancho. I took his business in hand, and
succeeded in making some sales, and getting along pretty smoothly for a few
months, but it became necessary to bring several suits in ejectment, which I
prosecuted to judgment. One of them was against Riland Arbuckle on a portion
of the Sotoyome Rancho, and as he was a boastful, blowing fellow, I thought
I would go for him first. The Sheriff dispossessed the party, and levied
upon a quantity of barley that was sacked, which we removed to the house for
safety. The squatters said they would not resist the officer, but that
Arbuckle should be placed in possession again before morning, and that old
Norton had better leave with the Sheriff if he knew what was good for him.
I, however, thought differently. My client was not there, and I had
determined to try strength of nerve with them, and had secured the services
of seven young men to aid me. We were all supplied with double-barreled
shot-guns and plenty of ammunition. The Sheriff had retired, and about a
dozen of the squatters lingered for a time. I had gone out to reconnoiter
the premises, when they commenced talking very rough to the boys, telling
them that they had better leave as every one of them would be killed before
morning, etc. The boys were telling them that they were not there to fight
but merely to hold possession under the law. In the early part of the
conversation I had slipped up behind a large oak tree where I could hear
every word that passed, and at this juncture I sprang from my concealment
and exclaimed, "You are a bombastic set of cowards; you have dared me to
hold these premises; now go home and rally your forces for your night
attack; you will find old Norton at his post." My boys all bustled up and
told them to go or they would boot them, and finally bluffed the fellows
from the ground, but on riding off they called back that we would see them
before morning. We then made breast works of the sacks of barley in the
house, with loop holes through the thin sliding, and before it was quite
dark I placed patrols up and down the road with instructions to retreat to
our fortifications and notify us, but if the enemy advanced too fast they
were to fire a revolver as a signal and make good their retreat. About
eleven o'clock I heard the discharge of a revolver, and the two outposts
came rushing in and said there was a large company of horsemen rapidly
approaching. I formed the command outside of the house under a large laurel
tree where it was quite dark. I ordered them to drop down upon their faces
on the ground. On came the horsemen, from eighty to one hundred strong. When
they got opposite to us and about four rods distant, I ordered "Ready!" All
the locks clicked audibly. I said, "Reserve your fire till they attempt to
cross the fence." The horsemen wavered for a moment, then with a
right-about-face made equally as good time in getting away as they did in
coming. I was satisfied that we had not seen the last of them. In
consequence of this impression I kept a vigilant watch, and about two
o'clock A.M. one of my sentinels came running in and said there was a large
crowd creeping along the fence. I ordered my force to keep perfectly quiet.
I took my old rifle that I had in camp, and skulked along the fence to
within about a hundred yards of the foremost of the opposing party, when I
slipped out and fired a shot about ten feet over their heads. At this there
was another general stampede, and we were again in peaceable possession of
the Arbuckle place. I continued to eject the squatters from Frisbie's tracts
with greater or less resistance until I had reduced the whole to possession.
It now seemed to be the general opinion that I was the only on who could
successfully cope with squatters, and John N. Bailhache as one of the Fitch
heirs, or rather tenant by courtesy, having married Miss Josephine Fitch,
had a large tract of land covered by squatters, and having made many futile
attempts to expel them, they had become so well organized and so confident
of their ability to forcibly hold the premises, that they actually paraded
the streets of Healdsburg, both men and women, with music and banners
waving, and seemed to think that if they could only get rid of Bailhache
they would be secure in their homes. In consequence of which idea, they made
a raid on him and forced him to secrete himself in the Raney Hotel. Seeing
his danger, I marched out with a cocked revolver in each hand, and met the
mob and persuaded them that I was the man they wanted, and not Bailhache;
but they came to the conclusion that they did not want either of us and
retired. Still holding forcible possession of his lands, Mr. Bailhache about
this time discovered that he had business at Fort Yuma. He moved his family
to Santa Rosa and departed. A few months after this I received a letter of
attorney from Mr. Bailhache at Fort Yuma, giving me full authority to enter
upon any and all his lands in Sonoma County, and expel squatters, etc. I
commenced operations under this power, but not until after I had convinced
the sheriff who was then acting, that it was not much of an office anyhow,
and he had agreed to turn the office over to his under sheriff in case he
could furnish the necessary bonds which I believe were about thirty thousand
dollars, and by that arrangement I agreed to furnish ten thousand, in
consideration of which I was to have the privilege of selecting my own
deputy for Healdsburg. This was carried out, and I chose J. D. Bins, and
adopted a new system of warfare. I put in teams and went to work hauling off
the fencing from the farms on the west side of Dry Creek, thus rendering the
land useless to them. This drove them to desperation. The teams had been
hauling all day, and at evening when the teams were coming in with the last
load for the day, as they were approaching Dry Creek, my team being in the
rear with five or six men upon the wagon, my brother among the number, two
shots from rifles were discharged in rapid succession, and a bullet from one
of them struck a Mr. Ferguson just above the knee, and running down the leg
shattered the bones in a terrible manner - in fact it was a death shot. My
brother drove him to town as fast as possible, but he never rallied from the
nervous shock, and died the next day. Until this murderous attack I had not
been thoroughly aroused, but after the death and burial of young Ferguson I
took a posse of ten men, all thoroughly armed, and went with them in person,
threw out a few outposts to prevent any further shooting from the brush, and
threw out the goods from their houses and burned them to the ground. In this
way I went from house to house until I had burned down all of the dwellings
on the Bailhache premises occupied by squatters. They followed us up en
masse, and at length one of them said, "I would like to know who sets these
buildings on fire; I would make them smart legally." I replied, "what, you
appeal to the law who have so long trampled law and justice beneath your
feet! You shall be gratified!" I said, "Jim Brown, fire that house;" he did
so, the house was soon in flames. I said, "now take your legal remedy."
Brown (a brother of Mayor Brown of Santa Rosa) was indicted, but a nol.
pros. was entered into the case, as the house was mine, I having authorized
the act there being no property of others in it nor no living being under
the statute, the act was legal. Some of the houses were good two-story
buildings, but I treated them as I would have done a lot of rats' nests;
under the circumstances there was no alternative. After reducing the
dwellings to heaps of smouldering ruins the squatters continued to hang
around like the French soldiers around a burning Moscow until the elements
drove them away to the hills, where some of them put up temporary adobes on
the adjacent government land. In our attempt to keep the raiders from the
different places, we had only been successful in gaining possession of a
small portion, and in order to perpetuate my possession, I commenced
repairing the fences, and on two or three occasions in the night they fired
them. But I was ever on the alert, and discovered the fire in time to
prevent much damage. My next effort was to find some one who would dare to
take possession of some one of the places. At last I found a man by the name
of Peacock, a powerful, resolute fellow, who proposed to purchase a piece of
the land which a man by the name of Clark had been claiming, and whose house
had been burned down. He contracted and entered into possession and guarded
a fine lot of hay, a volunteer crop growing on the place. The hay had
matured and he cut and cocked it, but in the intermediate time, contrary to
my counsel, had made great friends with and confidants of the previous
squatters, who had been evicted, and to whom, among other things, he told
them that he was going to see my brother, to get his team to bale his hay
the next day, and that he should be absent that night. I strongly opposed
it, but he assured me that everything would be safe, but did not convince
me. I was on the watch, and about two o'clock A.M., I discovered a bright
light arise from the neighborhood of Peacock's hay. I rushed around,
awakened Bailhache, Ransom, Powell, and two or three others, and started for
the scene of the fire. We succeeded in saving about one-third of his hay. On
Peacock's return it was impossible to convince him that the Prouses had any
hand in this, or that they knew anything of it. He continued his former
relations with the Prouses for about one month after this time, he having
gone to board with them. One day at dinner a dispute arose at table, and the
two Prouse brothers set upon him; one of them, armed with something that the
evidence afterwards disclosed as being somewhat like a butcher's cleaver.
They cut and hacked Peacock up in a terrible manner, to that extent that for
a long time his life was despaired of; for which offense I sent Daniel
Prouse to the penitentiary and we continued to hold possession; the land
being desirable farming land, and others seeing that our possession could be
held, commenced purchasing, and thus Bailhache was restored to his
possession, which put an end to the squatter difficulty on the Sotoyome
Rancho. About this time I was requested to take charge of the Tzabaco
Rancho, by John B. Frisbie, and W. H. Patterson of San Francisco, sending
the request by James Clark, then Sheriff of Sonoma County, who held writs of
ejectment against all the settlers on the Russian River side of the grant. I
had been acting for them for more than two years as their agent, selling and
leasing the Dry Creek portion. I had been up Dry Creek , serving some
notices on parties who had not paid up, and was returning, mounted on a
little gentle mare, and while jogging along, right opposite the widow Bell's
old place, where there was an old watering trough and spring, at a large
redwood stump, surrounded by a dense growth of redwood sprouts, when a shot
was fired. I felt a concussion, and at the same instant my mare made a jump
sideways, nearly throwing me from my saddle. I recovered myself and
dismounted. I saw the brush wiggle and shake, and made for the point. The
party took to his heels, running through the thick brush and up a very steep
hill, and I only got a sight of his back. He wore a bluish-gray coat and a
low black hat, and was rather a short man, and that was all I could tell of
my would-be assassin. I was unarmed and had no way of stopping him. On
examination I discovered that the bullet had passed through both sides of my
vest, having entered the right side of my vest, high in the breast, and
passing trough my outer shirt, in front of my breast, and passing out of the
left side of the vest. This was at a time when strangers thought us a set of
desperadoes here, and there was but little said about it, as I did not wish
to add to our reputation in that line. When I came in I showed it to
Bailhache, D. F. Spurr, and, may be, two or three more. I still have the
vest, and if this reaches the eye of the perpetrator of the deed he may
congratulate himself on the fact that I could not recognize him. And now to
the squatters on the Russian River side of the grant, hostile almost to a
man. When the Sheriff informed me that he was under my instructions I told
him to go home, and if I needed him I would let him know. I then went to
Frisbie and Patterson, saying that in case I entered upon the hazard of
attempting to manage the squatters to send me an unconditional power to
survey, segregate and sell all the lands upon such terms and time as I
should deem proper, being accountable to no one for my actions in its
disposition. They immediately sent me the asked for power, which was
communicated to the settlers in a very exaggerated manner, they being led to
believe that I would eject them from their homes without an opportunity of
purchasing at any price. Whereupon their secret organization met, I having
two trusty friends in that organization, who hastened to me, and
communicated to me so much of the proceedings as in their judgment was
necessary to preserve my life. I was told by them that it was determined in
counsel that my death was essential in order to defeat the measures about to
be carried into effect; and by resolution by them adopted, it was resolved,
that if I ever showed myself upon the Tzabaco Rancho I was to be killed like
a snake by whoever discovered me; and in addition to this, they balloted to
see whose duty it was to be my special executioner to hunt me out and kill
me. Those men begged of me, under the circumstances, not to come on to the
grant. I fully comprehended the fact, that these men were in a state of
desperation, as we held one judgment over them in the sum of then thousand
dollars, for use and occupation of the premises, and another judgment of the
thousand dollars, obtained on injunction bond, making a total of twenty
thousand dollars; together with writs of ejectment against every one of
them. After due reflection, I resolved to "beard the lion in his den," and
to fight the devil with fire, and when I was all ready, I hitched my pony to
the buggy, and started for the Tzabaco Rancho. After placing a quart bottle
of old Bourbon under the buggy seat, and arming myself in case of trouble, I
drove to the ranch, which is about six miles from Healdsburg, following the
Geyserville road, and adjoining the Sotoyome Rancho on the west. I drove up
opposite to the house of one Captain Vessor then living close to the line,
and saw the old captain in his yard hewing out a plow-beam. I stopped my
horse, and called out, "Captain Vessor, will you step this way?" He dropped
his ax, and came to the road; when about five or six feet from the buggy he
raised his spectacles, and recognizing me instantly became as black as a
thunder-cloud. I jumped out of the buggy, and confronting him, said: "I am
informed that you men have, in solemn conclave determined to shoot and scalp
me if I ever came on this grant, and as shooting is a game that two may play
at, I will commence now," at the same time running my hand under the buggy
seat. The old captain threw up both hands, commenced running backwards,
exclaiming, "Don't, don't." "I'll be hanged, if I don't!" at the same time
bringing the whisky bottle to bear upon him. A pleasurable sensation, after
the most abject fear, wrought another change in the captain, when he
laughingly exclaimed: "Oh, God! you might have shot me with that long ago."
I then gave the old man a shot in the neck, and bade him get into the buggy,
but I frankly told him that I was through joking and meant business; that
for the present he was my prisoner, and must go with me. He very reluctantly
complied, and I drove to Geyserville, only holding him hostage to insure my
own safety. At this place I met Dr. Ely, whom I had good reason to believe
was the brains and managing man of the squatters, he being a man of
intellect, and a fair-minded, reasonable man upon all subjects excepting the
one. I dismissed Vessor, "shot" Ely, and took him in the buggy, and
continued my journey through the Tzabaco Rancho. I informed the Doctor that
I came up to sell their lands, and that I proposed to give every man a
reasonable chance of paying for the farm I sold him. I was aware that the
lands had been held too high, that the owners were honest in their
convictions of the value of the land, but were mistaken, an 1 for that
reason I had refused to take the agency until they gave me carte blanche to
dispose of them according to my own judgment. "But," he said, with apparent
surprise, "you do not propose to sell me my place?" "Why not?" I replied: "I
have always heard that you said you would not sell my place, but had
selected it for yourself." "That," said I, "is just as true as many other
things you have heard about me. I am a Western man, and am anxious to see
every man have his home, and will sell to you just the same as to the rest."
"But," said he, "if disposed to purchase, how can we? We are bankrupts; with
the twenty thousand dollars judgments hanging over us we can do nothing." I
told him that it was not necessary to tell me that you are a set of ruined
and desperate men. I know it. It is not necessary for you to say, in case I
attempt to execute the writs of ejectment that I hold against you, that
these fair domains will be left blackened ruins, and that the inhabitants
will retire to their mountain fastnesses and wage war against human nature
at large, for I already know it, and in my present action have given due
heed to all, and yet am going to sell every man of you your farms, and as
fast as you purchase I shall wipe the judgment out against the purchaser,
and again place you in the position of freemen." The doctor frankly admitted
that if that was my intention, then I had been greatly misrepresented to
them. I told him that having unlimited power, I intended to be a benefactor
and not an oppressor of the people. The doctor frankly admitted that if that
was my intention, then I had been greatly misrepresented to them. I told him
that having unlimited power, I intended to be a benefactor and not an
oppressor of the people. The doctor took me at my word, rode through the
settlement with me, and advised the settlers to purchase their homes, which
seemed to them unusual advice. I notified them that, on the following
Thursday I would be at Captain Vessor's for the purpose of going with them
over every man's place, and fix a price upon it per acre. I was there at the
time appointed, and met the entire settlement, and went over every place,
fixing my price upon the land as I passed over and to my surprise and
satisfaction every one of them thought that I had put a fair price upon his
neighbor's land, but had got his a little too high; the result was that
every man purchased his farm within the ensuing six weeks, paying one-fourth
down and getting three years to pay the balance, at one per cent per month
interest. And what was still more satisfactory, by the enlargement of time
of payment, all succeeded in paying for their farms, and thus ended the
squatter war that had been kept up for over seven years in the northern
portion of this county. But before dismissing the subject I must say, in
justification of these men, that the most of them, in my judgment, were
honest in their convictions that the claimants either had no title to the
lands, or if they had a title it was fraudulent, and that many of them
to-day are among our most respected and prominent citizens. Our old feuds
are now looked upon as a feverish and disturbing dream, or treated as a
subject of mirth, and as for myself, the most of the men who once wanted to
see my throat cut are among my warmest friends. I will here append a set of
resolutions, expressing their feelings toward me after our fight was over: -
At a meeting of the citizens of
Washington Township, and on the "Tzabaco Grant," held this day, without
distinction of party, the following preamble and resolutions were
unanimously adopted: WHEREAS, It having become known to us that statements
are being publicly made to the effect that Capt. L. A. Norton, of
Healdsburg, is regarded with unfriendly feelings by the citizens and
settlers of this township, and knowing such statements to be wholly untrue
and unjust to Captain Norton, a gentleman of great firmness of purpose, and
energy in the discharge of duty; entirely impartial as agent between
grantholders and settlers - and that his courtesy and friendship, as evinced
toward all who wished to secure their homes, demands and receives our hearty
approbation and respect, and that we entertain for him none but the
kindliest feelings. Resolved, That all statements and assertions
made in relation to Capt. L. A. Norton in connection with ourselves, which
are not in accordance with the above, are untrue, and very unjust to both
Capt. Norton and ourselves. Resolved, That the Secretary forward a
copy of the proceedings of this meeting to the Sonoma Democrat, and
one to the Russian River Flag, requesting them to publish the same.
(Signed) Downing Lamb, President
Elisha Ely, Secretary
In 1861 or '62 there was a regiment of
volunteers organized in Kane County, Illinois. They met in companies at
Batavia, to perfect the organization, they first proceeded to elect their
Major; second, their Lieutenant-Colonel, when, on motion, a recess of
fifteen minutes was taken, when it was proposed that the health of Captain
Norton be drank standing, which was informally carried out. When the meeting
resumed business it was moved and carried that Captain L. A. Norton be
elected Colonel of this regiment by acclamation, which motion was put and
carried unanimously. Where-upon Capt. P. J. Burchell, moved that a copy of
the proceedings of this meeting be forwarded to Colonel Norton, by its
secretary, with the request that he come home and take charge of his
regiment, which his situation in this county forbade him from doing, for at
that time the captain (or more legitimately the colonel) had his hands full
at home. We are informed by reliable persons that the northern part of
Sonoma County is much indebted to the firmness and energy of the colonel in
keeping down an outbreak; as there was a very strong secession element in
that portion of it, and when it was asserted that no recruits to join the
Federal Army would ever live to cross the Russian River, he organized and
secretly drilled the Union forces, and was at all times ready to meet the
threatened outbreak. And when it was said that no Union flag should ever
float in Healdsburg, he went immediately to Petaluma, purchased one, placed
it on the top of his carriage, carried it to Healdsburg through the country,
and nailed it to his balcony, where it continued to wave. When it was
reported that a rebel flag was floating from the top of a high tree, between
Santa Rosa and Sonoma, Norton made it his business to go down there, in open
day, climb the tree and remove the flag. And we are informed that it is now
in the possession of Mrs. Malloy, of San Francisco, the colonel having
presented the same to Dr. E. B. Malloy, now deceased. The colonel still
practices his profession in Healdsburg, and we believe he possesses the
confidence of the whole community, as a careful, honest and able member of
the bar.
Source: "History of Sonoma County, Cal.," Alley,
Bowen & Co., San Francisco, 1880, pp. 512-527.
Transcribed and submitted by Sally Kaleta, July, 2007.