San Mateo County Gazette News
August 1859
(Transcribed by Chris Havnar)

Notice to Creditors
In the County Court of the County of San Mateo, State of California - In
the matter of the petition of Jacob S. LANDECKER, an Insolvent Debtor.
Pursuant to the order of the Hon. Benj. F. FOX, Judge of the said County
Court, notice is hereby given to all the Creditors of the said Insolvent,
Jacob S. LANDECKER, to be and appear before the Hon. B.F. FOX, County Judge
aforesaid, at chambers at the Court Room of said Court, in Redwood City,
County of San Mateo, on the Eighth day of September, A.D. one thousand
eight hundred and fifty-nine, at ten o'clock A.M. of that day, then and
there to show cause, if any they can, why the prayer of said insolvent
should not be granted, and an assignment of his estate be made, and he be
discharged from his debts and liabilities, in pursuance of the Statute in
such case made and provided; and in the meantime all proceedings against
said insolvent be stayed.
Witness my hand, and the seal of said Court, this 30th day of July, A.D. 1859
R.G.LATHROP, Clerk
McCABE & FOX, Att'ys for Petitioner

SUDDEN DEATH - Charles SHIELDS, master of the sloop John, of San Mateo,
died suddenly, Friday, July 29th, while on the trip to San Francisco.  He
was at the helm, and feeling suddenly ill, called a man to relieve him; he
then went forward, laid down and died.  SHIELDS, was a native of Alman, in
Sweden, and aged about thirty years.

PROCEEDINGS OF THE BOARD OF SUPERVISORS
Regular Meeting, August 1, 1859
Present - J.V. DILLER, R.S. THORNTON, M. WOLF
In the matter of the road which was petition for from Crystal Springs, down
the San Mateo Creek, to the main County road, near the San Mateo House;
viewer having been appointed and their report being filed and accepted, a
regular survey made and the map filed, and all the parties owning lands
over which the same is to pass having consented to its location, and all
other requirements of the law having been complied with, it is now ordered
that it be declared a public highway, to be opened at the expense of the
petitioners, thirty feet in width.  And it is further ordered, that as soon
as it shall be ready for traveling, that the road traveled over from said
Springs to near the house occupied by J.Q. A. TILTON, shall be closed and
vacated.

The road petition for and surveyed from CONDON's to Belmont, is also
declared a public highway, thirty feet in width, its line to be according
to the survey filed, but subject to the addition of certain gates, as
prayed for.  It appearing, also, in this case, that all the landowners over
whose land the road passes, have consented to its location.
The County Assessor appeared and made oath, as required by law, to his
account for assessing.
Board then adjourned till Monday, the 8th inst.
B.G. LATHROP, Clerk

NEVADA TERRITORY - A dispatch from Carson Valley states that a Convention
is in session at Genoa for the purpose of forming a provisional government
for Nevada Territory, it being the intention of the people to throw off all
appearance of allegiance to the Utah Mormon rule.  John MERCER, of
Downieville, was a prominent candidate for Governor.

DIED
On the Burri Burri Rancho, August 5th, 1859, Don Manuel SANCHEZ, aged
forty-two years.

CHANGE - The American Hotel at this place is again under the
superintendance of its former proprietor, Thos. H. NOBLE, Esq.

DECLINE - We are requested to state that D. JAGGERS, Esq., positively
declines being a candidate for the office of Supervisor, a nomination for
which was tendered him by the Democratic and People's Convention.

NEW BOAT - At  San Mateo, a few days since, we had the pleasure of seeing
the new boat which has been built there this season.  It is a schooner of
about twenty tons, and is really a beautiful craft.  It is now very nearly
finished, and in a few days will be taken to San Francisco for entry and
register.

EARTHQUAKE - Three distinct shock of an earthquake were felt throughout
this county Wednesday night last, at about twenty-two minutes past nine
o'clock.  The vibrations were "from north to south, accompanied by a
rumbling noise."

SAN MATEO COUNTY AGRICULTUREAL AND STOCK SOCIETY
The preliminary meeting for the organization of an Agricultural Society, or
Farmers'  and Stock Raising Association, was held at the San Mateo House
last Saturday, August 6th.  It being the resolution of the meeting that
such a society should be organized, the following agreement was drawn up
and signed by all present:
August 5, 1859
"We the undersigned, hereby agree to form and become members of an
Agricultural Society for San Mateo County, for establishing Market Fairs,
improvement of Stock, etc., etc.  A name hereafter to be designated for
such Society.
Signed
John CUMMING
Geo. H. HOWARD
R.J. WEEKS
And twenty-five others
By direction of the meeting, the Chairman then appointed a committee of
three to nominate officers for said society, who should serve pro tem, or
until the completion of the organization, when, at a regular meeting a
choice of officers should be made, according to the constitution hereafter
to be adopted.
The Committee immediately reported their nominations, as follows:
For President … Hon T.G. PHELPS
For Secretary … J. M. CURTIS
For Treasurer … C.B. POLHEMUS
For Directors … Messrs G.F. MAYNARD, John CUMMING, James JOHNSON, R.S.
EATON, D.S. COOK, R.J. WEEKS
The report was accepted, and the nominees declared elected to their
respective offices pro temper.
A committee of six were then appointed to draft a Constitution and a code
of By-laws for the government of the Society, and instructed to report the
same at the next meeting.
The meeting then adjourned till Tuesday, August 16th, at 10 o'clock, A.M.
the adjourned meeting to be held in the Court house, at Redwood City.

COMPLETED - The cemetery is now enclosed with a substantial fences, with
three well-made and excellent gates.

SHOT BY AN INDIAN - A dispatch from El Dorado City says: John KENZEL of the
firm of Tracy & Kenzel, of Auburn City, was shot by an Indian, whilst
packing a load of provisions to the mines.  The weapon used was a Derringer
pistol.  The ball entered the left side, and it is feared that he will not
recover.  The Indian is at large, have first stripped him of his clothes,
taking them and making his escape.

CALIFORNIA LION KILLED - We learn from the Red Bluff Beacon, of Wednesday,
that Mr. CHOCHRAN, of South Cottonwood, killed on his ranch, a lion
measuring eight feet from the nose to the tip of the tail, and weighing
over 150 pounds.  He was first seen with a pig in his mouth, weighing 20
pounds, when the dogs took after him, causing him to take to a tree with
his prize, where he was shoot.

DEMOCRATIC AND PEOPLE'S NOMINATIONS
For Governor, John CURRY, of Solano
Lieutenant Governor, John CONNESS, of El Dorado
Judge of the Supreme Court, R.T. SPRAGUE of Shasta
Clerk of the Supreme Court
J. POWELL of Sacramento
For Congress: J.C. McKIBBEN of Sierra, S.A. BOOKER of San Joaquin
State Treasurer, Josiah JOHNSON of Sacramento
State Controller, George PEARCE, of Sonoma
Attorney General, E. RANDOLPH, of San Francisco
State Printer, John O'MEARA of San Francisco
Surveyor General, James LONG, of Butte
Superintendent of Public Instruction, A.H. MYERS, of Alameda
County Nominations
For Assembly, Wm. B. MAXSON
For District Attorney, Charles N. FOX
For County Clerk, W.G. CROOK
For Sheriff, Silas HOVIUS
For Treasurer, Curtis BAIRD
For Assessor, J.D. ROSE
For Surveyor, B.J. DeWOODY
For Coroner, Dr. LAMBERT
For Public Administrator, R.O. TRIPP
For Supervisor: 1st Township, _______________, 2nd Township, M. WOLF
For Justice of the Peace: 1st Township, J. EMERSON, 2nd Township, J.P.
AMES, Leonard HILL, 3rd Township, T. MOYLAND, C. MASON
For Constables - 1st Township, James CASEY, 2d Township, Seth FORD, Wm.
LAMPMAN, 3d Township, James CONDON

REGULAR DEMOCRATIC NOMINATION
For Governor, Milton S. LATHAM, of Sacramento
Lieut. Governor, J.D. DOWNEY, of Los Angeles
For Congress, John C. BURCH, of Trinity, Chas. L. SCOTT of Tuolumne
For Supreme Judge, W.W. COPE, of Amador
For Attorney General, Thos. H. WILLIAMS, of El Dorado
Clerk of Supreme Court, Chas. S. FAIRFAX of Yuba
For State Treasurer, Thomas H. FINDLAY of Nevada
For Controller, Saml. H. BROOKS, of San Joaquin
For Surveyor General, Horace A. HIGHLEY, of Alameda
Supt. Public Instruction, A.J. MOULDER of San Francisco
For State Printer, Chas. T. BOTTS, of Sacramento
County Nominations
For Assembly, Wm. T. GOUGH
For District Attorney, Charles N. FOX
For County Clerk, B.G. LATHROP
For Sheriff, John W. ACKERSON
For Treasurer, C.E. KELLY
For Assessor, Charles ELKINS
For Surveyor, A.S. EASTON
For Public Administrator: R.O. TRIPP
For Supervisors - Fist Township - R.S. THORNTON, Second Township - M. WOLF,
Third Township - J.V. DILLER
For Justices of the Peace - 1st Township, James MEE, 2d Township, E.D.
BOWMAN, Leonard Hill, 3d Township - J.W. TURNER, Andrew TEAGUE
For Constables - 1st Township, R.F. MORRIS, 3d Township - J.S. KEITH,
Chester PARSHALL

COURT PROCEEDINGS
TWELFTH DISTRICT COURT - This Court was opened for the August term on
Monday last, and adjourned Thursday noon.  The following is a brief
synopsis of the business:
People vs. Chas. PRIOR - This was the case tried in the Court of Sessions,
wherein defendant was convicted of resisting an officer.  Upon a motion in
arrest of judgment, two questions arose; one of which was, whether a
Justice has power in a criminal case, to deputize a constable for the
purpose of serving a warrant in a criminal case?  The court took the matter
under advisement, and in writing asked Judge NORTON's opinion.  On the
opening of the District Court, the opinion was delivered, that the Justice
could not deputize, and that a private person could not serve a warrant in
a criminal case.
JONES vs MARTIN - Judgment for defendant.
MARTINEZ vs CALDWELL et als. - Motion for new trial overruled
BALDWIN & GRAVES vs CALDWELL - Defendant allowed to amend his answer and
demurrer sustained as against the amended answer, and judgment in favor of
plaintiffs for $4002, and decree of foreclosure entered.
M.L. BRITTAN vs. San Mateo County - Demurrer to complaint argued and
submitted.
People vs. Geo F. WYMAN - Indicted for the murder of Nathan KENDRICK.
Defendant arraigned, motion to set aside the indictment, for want of proper
organization of Court of Sessions, where the indictment was found.  Motion
overruled, and defendant excepted.  Demurrer to indictment overruled,
defendant excepting.  Defendant then plead not guilty, and was place upon
trial.  The case was finally submitted to the jury at 12 m. Wednesday, and
after an absence of about two hours, the jury brought in a verdict of
guilty of manslaughter, with a recommendation to mercy.  Ten o'clock
Thursday was fixed as the time for pronouncing judgment.  On Thursday
morning defendant moved for a new trial, and also in arrest of judgment,
both of which motions were overruled.  A petition for mercy, signed by a
large number of citizens, was presented to the Judge.  In pronouncing
sentence, the Judge referred to the recommendation of the jury, and the
petition, and remarked that as a matter of course they would have great
weight with him in determining the sentence.  He also expressed a sympathy
in common with the petitions, with the defendant, and particularly with his
family, but stated that under all the circumstances he still felt it to be
his duty to impose a sentence which should be in some measure a penalty for
the offence.  The substance only of the Judge's remarks, we have given -
not his language.  The sentence was fixed at one year's imprisonment in the
State prison.  This case was presented by C.N. FOX, District Attorney,
assisted by Mr. WILLIAMS of San Jose, and was defended by W.T. GOUGH.
PERALTA et als vs. PERALTA et als - A case sent up from Santa Clara county
- continued
LUX et al vs FROWLEY et als; do vs CLARK et als; and do vs MANDELBAUM et
als, continued
RANSOM vs GREER et als - Default of John GREER entered, and suit dismissed
as to the other defendants.
HILL vs SCRIBER et als - Ejectment tried before the Court, without a jury -
no decision.
LAWLER vs MARTIN - No decision
MARTINEZ vs ACKERSON and FOX - Stipulation to try in San Francisco on the 29th
BOWMAN vs ADAMS - Report of referee filed, and judgment entered for plaintiff
People vs. TEMPLETON and UNDERWOOD - Suit on forfeited recognizance.
Demurrer overruled, and judgment for plaintiff.
COURT OF SESSIONS - Court met pursuant to adjournment, on the 17th.  People
vs PRIOR - In conformity with the opinion given by Judge NORTON, defendant
was discharged.

We are requested by citizens of this county, to make the inquiry of Mr.
DEWOODY, which county he will serve as Surveyor, provided he is elected in
both Napa and San Mateo?  The name of Mr. D. appears in the nominations
made in both these counties for the office of County Surveyor.

FLOURING MILL - The citizens of this county will be rejoiced with us to
learn that a flouring mill is to be put in operation, immediately in
Redwood City.  The site has been determined on, and the building is to be
commenced forthwith.  The mill will be under the personal superintendence
of the proprietors, Messrs. DIXSON & LYNDALL, the former of whom, a
practical miller, is an old resident of the San Jose valley, has been
engaged in the business for a number of years past, in the adjacent towns,
and is well known among the farmers of San Mateo county.  The mill will
have two run of stone; with steam power.  The custom work alone should, in
a district like this, support a mill of the kind about to be built.  We
predict for it entire success.

CAUGHT - For some time past, Messrs. WALL and ROBERTS, who have a stock
ranch among the mountains in the northern part of the county, have been
suffering severely from the depredations of wild animals.  They have lost,
we believe, within a few weeks, as many as sixteen head of cattle from this
cause.  Two weeks ago they tracked a bear to some point near Bald Mountain,
and there built a trap for the purpose of securing Bruin.  On Sunday week,
on visiting the trap, they had the satisfaction of finding a large grizzly
snugly housed therein.  They secured a suitable cage and a truck, and took
to the spot, and succeeded tin getting the bear, which weighs from six to
eight hundred pounds, into it, when they took him to San Francisco, where
they hope to make him pay for some small portion of the stock he has killed
for them.

LABOR IN DEMAND - The increasing wealth of California begins to show itself
in the various new enterprises around us, railways, mining, etc.  The
demand for laborers all about this region, says the Folsom Despatch, is
more active - the Auburn Railroad to be commenced near Folsom forthwith -
the Marysville and Vallejo Railway begun last week.  The Yuba River
Company, ten miles distant from Marysville, and many lesser works require
the labor of all the new arrivals.

FROM SALT LAKE - Emigrants from the East and from Pike's Peak, are
continually arriving at Salt Lake.  Over six hundred wagons had arrived
there and were leaving for California.  The sale of Government mules at
Camp Floyd had closed at a very low figure, varying from $75 to $125 per
span.  About six hundred were purchased for the California market.
McKENZIE, accused of forgery, has undergone an examination before Chief
Justice ECKELS, at the head-quarters of the Fifth infantry, two of his
accomplices, WALLACE and BROWER,  turning State's evidence.  McKENZIE was
required to give bail in the sum of $800 for his appearance at the District
Court at Nephi, on the 4th Monday of August next, and WALLACE to give bonds
in the sum of $10,000; and BROWER in $9000.  W.H. HOOPER, nominee for
Congress in place of H. ELDRIDGE will be elected.  Dr. G. HART, ex-Indian
Agent, is the Gentile candidate.  Weather warm.  Thermometer ranged for the
month of July in the shade 91 degrees.

LOCAL REFERENCE - There is now a greater amount of lumber on the wharves at
this place, and in greater variety, so we are informed by the older
residents, than has ever before been known.  Rough lumber of all kinds,
shingles, posts, rails, firewood, etc., continue to arrive in large
quantities from the mills and lumbermen in the mountains, and are being
daily shipped off to San Francisco, Sacramento, Stockton, Benica, Napa and
other interior ports, at low prices.  Upon the bank of the creek, in
Redwood City, is a lot of over five hundred cords of oak firewood, in a
single pile.

A poor insane man, unknown, and coming from no one knew whither, was last
week taken, by Coroner McCLURE, to the Asylum at Stockton, by the order of
the County Judge.  He gave his name as George MORDAUNT.

The fine new store of J.V. DILLER, we observe, is being handsomely fitted
up, and will soon be filled with goods.  We think the entire store, in all
its appointments, will compare favorably with any in California.  As a
citizen of this county, we feel proud of it.

C. LIVINGSTON's new brick store has become the repository of the goods of
that merchant.  The old one, which is, by the way, the oldest house in town
save one, is being repaired.

W.C.R. SMITH's large brick warehouse, we are glad to see is, although not
yet finished, already half full of produce on storage.

The large schooner on the stocks at this place, is being caulked, and is
otherwise progressing towards completion.  Quite a large fleet of vessels
may almost any day be seen in these waters.  Among them we noticed last
week the new schooner lately built at the San Mateo embarcadero; she is a
fine vessel.

The courthouse has undergone a bath of coloring matter, which appears to
have given it the blues.

CHEW & HILTON are building a large brick house, (26 by 72) in which to
pursue their business of wagon-making and blacksmithing.  The firm is doing
well, and deserve to.

Geo. HELLER last week commenced the erection of a new stable on Main
street, 32 and 60 feet, the old one, as he informs us, being insufficient,
in size for his present business.
  **

SHERIFF'S SALE - By virtue of an Execution issued out of the District Court
of the  Twelfth Judicial District, County of San Mateo, in the action of
Titus WEBB, vs. A.F.C. ENGERT, duly attested the 13th day of August, A.D.
1859, I have levied on the following describe property, to wit:
All that certain lot, piece or tract of land situated in the County of San
Mateo, and bounded and described as follows, viz; Commencing at a point on
the westerly side of the County Road leading from San Francisco to San
Jose, three hundred feet (300 fts) from the southerly bank of Cardillas
Creek, thence following said County Road South forty-two degrees and three
quarters East, (S. 42 ¾ E) twenty-two chains and sixty-nine links, (22 69)
to the northerly side of a road one chain in width, which divides the said
tract of land from the lands of William Carey JONES, thence along the
northerly side of said road, South forty four degrees and a half west, (S.
441/2 W.) seventy seven chains and sixty links (77 60) to a post indicating
the south-east corner of said tract; then north forty-five degrees and a
half West, (N. 45 ½ W.) twenty-five chains (25) to the southerly bank of
Cardillas Creek from which point two oak trees marked X are respectively
situated, as follows, viz: S. 0 degrees 42' E thirty-three links (33) and
S. 661/4 degrees E. 138  one hundred and thirty-sight links, thence
northerly and easterly along the bank of Cardillas Creek, fifty-three
chains and thirty-seven links (53 37) to a post indicating the south-west
corner of the land now or recently owned by George THATCHER, Jr., and
Charles LIVINGSTON, from whence an oak tree marked thus X bear south five
and one quarter degrees West, (S. 5 ¼ W.) thirty-three links, thence along
the land of said George THATCHER, Jr., and Charles LIVINGSTON,  South,
forty-five and a half degrees East, (S. 45 ½ E.) five chains and eleven
links, (5.11) to a post forming the southeast corner of the tract owned by
said Chs. LIVINGSTON and George THATCHER, Jr., from whence an oak tree
marked thus X bears South forty-two and one-fourth degrees West, (S. 42 ¼
W) sixty-five links (65) thence along the land of the said George THATCHER,
Jr., and Chs. LIVINGSTON, north thirty-five and a quarter degrees East, (N.
35 ½ E) twenty chains and twenty-eight links (20, 28) to a large oak tree,
thence North thirty four degrees and a-half East, (34 ½ E) eleven chains
and thirty links (11,30) to the place of beginning, the bearing above being
expressed by the true meridian, the magnetic variation being fifteen degree
seventeen minutes East, (15 degrees 17' E), containing, on the said tract
of land, as above described, one hundred and sixty acres and sixty-three
one-hundredths (160 63-100_ in superficies, being part and portion of the
tract called the "Rancho de las Pulgas", and the same property surveyed by
W.W.O. DWYER, for which his certificate was given, dated July 27th, A.D.
1853, and is of record in the office of the Recorder of the County of San
Francisco, in the Liber 1 of Maps, p. 48.
NOTICE IS HEREBY FIVEN, that on Thursday, the Eighth day of September, A.D.
1859, at 12 o'clock, noon, at the Courthouse doors, Redwood City, I will
sell all the right, title and interest of said A.F.C. ENGERT, in and to the
above described property, at Public Auction, to the highest and best bidder
for cash.
JOHN W. ACKERSON
Sheriff of San Mateo County