It is not my purpose to speak of my own career on the Bench of the
Supreme Court of California. It is only for reminiscences of my
previous life that you, Mr. Hittell, have asked.[1] I am tempted,
however, to hand to you a letter of Judge Baldwin, my associate for
over three years, in which he presents, in terms exaggerated by his
friendship, the result of my labors there.[2]
There is only one scene to which I wish to refer.
About a year and a half after I went upon the bench, a contested
election case came up from Trinity County. It appeared that Judge
Turner, who had been sent to the district composed of the counties of
Trinity and Klamath, by the act concerning the courts and judicial
officers of the State, at the end of his term offered himself for
re-election as Judge of that district. When the vote was counted there
appeared to be a majority of one against him, and his opponent was
declared elected. He instituted a contest for the office, and, being
defeated in the court below, appealed to the Supreme Court. He then
became very much exercised over his appeal, because I was one of the
Justices. There were not wanting persons who, out of sheer malice, or
not comprehending any higher motives of conduct than such as governed
themselves, represented that I would improve the opportunity to strike
him a blow.
When his case came on for hearing, I left the bench to my associates,
Judges Terry and Baldwin, and they decided in his favor.
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