A Quiet, Hard, andDesolated Place.

Two Letters of Godfrey A. Benzen,District Attorney of San Diego, 1866.

Guire John Cleary

GUIRE JOHN CLEARY is a historian and former curator/administrator of historic Mission San Francisco de Asís(Mission Dolores) from 2000-2004. He has served on theBoards of Directors of the California Mission StudiesAssociation and the San Francisco History Association. He is a

recipient of the Oscar LewisAward for Historical Writingand the Friend of the OhloneAward by the Carmel RumsenOhlone Tribe. In 2004 theNational Park Service and thePresidio Trust made him an“Honorary Park Ranger.” Hispublications include “MissionDolores: The Gift of St.Francis” and “An IrishWalking Tour of Old TownSan Diego.” He currentlyresides in San Diego were heworks as a historian and

interpretive guide for California State Parks, Old Town SanDiego State Historic Park and History in the Making. Hisvolunteer activities include that of historic advisor for ZirkUbu, San Diego’s own street circus and madcap crew. Youmay contact the author at guirecleary@gmailcom.

Front cover illustration by Thomas Nast, “EqualJustice for the Briber and the Bribed.” 1878.

Back cover illustrationAlbert Ellery Berg, The Universal Self-Instructor ,1883.

A Quiet, Hard, andDesolated Place.

Two Letters ofGodfrey A. Benzen,

District Attorney of San Diego,1866.

--------------------------------------------

Guire John Cleary

ii

This book is gratefully dedicated to four remarkable attorneyswho helped form me as a writer, historian and paralegal:

Marshall B. Grossman, Esq.,Karen Kaplowitz, Esq.,Mary F. Wawro, Esq.,

and to the memory of Mel Fliegel, Esq.

They never separated intelligence from wisdomnor law from justice.

©2011 Guire John Cleary

All Rights Reserved

No part of this book may be reproduced without

the previous written consent of the author.

Note to schoolteachers.This book includes material suitable for sections

3.3, 4.2 and 8.8 of the California State History-

Social Science Content Standards.

iii

Contents

Preface iv

Introduction 1

Letter dated March 23, 1866 6

Letter dated April 8, 1866 11

List of Officials during the term ofGodfrey A. Benzen, 1866-1867 21

Selected Bibliography 22

Illustrations 23

iv

Preface

Some forty-five years ago an antiquarian made a gift tothe San Diego Public Library in honor of that great citizen andpublisher, James S. Copley. His name was Richard R. Reilly and hehad just purchased a little treasure, two letters from 1866 pennedby the then District Attorney, Godfrey A. Benzen. He gifted theCalifornia Room of the Central Library with photocopies andJosephine Burni did “yeowoman’s” work by transcribing thedocuments.

Sadly, these two letters have never been published. Theyare a treasure because there is not a great deal of documentationconcerning San Diego at that time. As Zalma B. Locker noted inher introduction to the typewritten transcripts, The San DiegoHerald had ceased publication in 1860 and the San Diego Unionwould not begin publication until 1868. Aside from somegovernment records and letters by the Whaley family, SarahRobinson and Augustus S. “Squire” Ensworth, we do not havemuch documentation about San Diego in the 1860s.

It is an honor to bring the work and efforts of Mr. Reillyand Ms. Burni and Ms. Zalma back to public attention. This newannotated transcription is dedicated to their memory and ingratitude for all the assistance this author has received over theyears from another treasure, the California Room of the SanDiego Public Library and their dedicated, accomplished, and oftenhumorous staff.

This author worked as a paralegal for fifteen years anddedicates this work to the many lawyers who were credits totheir profession and their community.

Guire John ClearySan DiegoFebruary 14, 2011

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Introduction

Godfrey A. Benzen and his unnamed wife are a bit of amystery. They came to San Diego via Los Angeles, possibly fromSan Francisco in 1865. He was unanimously elected to the post ofDistrict Attorney shortly after his arrival. The last mention wehave of him in the Minutes of the Board of Trustees wasFebruary 1866.1 This author was not able to find a record of himin either the United States Census of 1860 or 1870. As he referredto his health issues in these letters, he may have died by 1870.

Given his knowledge of politicians in California, it wouldseem he was politically well connected. Benzen certainly arrivedto San Diego during a politically turbulent time. There was somecontroversy surrounding the office of District Attorney. It wouldappear that his predecessor, Dan Hollister, was removed becauseof an overly vigorous investigation of Cave Johnson Couts. Thesheriff was the equally dubious James M. McCoy.

If there were a vote as to whether Couts or McCoydeserved the title “a real piece of work” one suspects it would bea tie. The former President of the Board of Trustees and theSheriff and future senator were equal in violence and corruption.Perhaps only an outsider could have worked or been acceptableto these two crooks.

Couts had been a West Point graduate who mustered outof the Army in San Diego in 1851. He married a local woman ofstatus named Ysidora Bandini, opened up a saloon/restaurant andhad a large cattle operation. In 1855 he was indicted twice by theGrand Jury for whipping Indians, one of whom died. Just monthsbefore Benzen took office, Couts shot a man dead in the back onThe Plaza in broad daylight. Couts escaped punishment on alloccasions because of technicalities and probably the fear of the

1 Leland Ghent Stanford, San Diego’s LL.B. (Legal Lore & the Bar). AHistory of Law and Justice in San Diego County (San Diego: San DiegoCounty Bar Association, 1968), 101.

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townsfolk to cross him. A dedicated Southerner, he tried torecruit a company of horse for the Confederacy.

James McCoy was an Irish immigrant who arrived to SanDiego in 1850. Like Couts, he had come west as part of the Army,liked what he saw in Southern California, and stayed. McCoy hadCouts arrested in 1870 for nearly killing a man. While being heldin jail, McCoy apparently assaulted Couts while Couts washandcuffed. Couts sued for $20,000 and demanded trial in LosAngeles as McCoy had too many friends in San Diego. Theinverse was probably equally true: Couts had too many localenemies. Ultimately, Couts lost and had to reimburse McCoy$75.45 in costs.2

Government officials at that time often wore several hats.One eye opening instance was how McCoy handled a taxcollection matter. A ferry operator in Yuma was presented with atax bill by the Collector (McCoy) who demanded immediatepayment and was backed up by the Sheriff (McCoy). Thetaxpayer, Mr. Iaeger, found himself short of cash so he borrowed$500 to pay the bill at a high rate of interest…from McCoy! Iaegerfailed to pay the note in time and McCoy sued, by which time thebill had climbed to $1,000. Ultimately McCoy collected theprincipal and interest on the note. To further sweeten thearrangement, McCoy as Tax Collector was entitled to 20% ofwhatever taxes he collected.3

San Diego was in a very bad way financially. Boom andbust on cattle had made life uncertain. California had only beenconquered 20 years earlier by the time Benzen arrived andSouthern California was still a largely Mexican and Indiancountry. Indians still outnumbered whites. Merchants weredependant on supplies from Northern California and credit hadbankrupted some merchants. In less than ten years after Benzen

2 Susan Sullivan, “James McCoy, Lawman and Legislator,” Journal ofSan Diego History, Vol. 23, No. 4 (Fall 1977).3

Leland Ghent Stanford, San Diego’s LL.B. (Legal Lore & the Bar). AHistory of Law and Justice in San Diego County. 96.

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took office, Old Town had been eclipsed by New Town, which istoday’s downtown San Diego.

Benzen describes in his letter the sparse accommodationsat San Diego when he and his wife arrived in 1865. Quite possiblythey would have stayed at The Franklin Hotel, which was SanDiego’s best hostelry and located only two doors from the CourtHouse. The same month Mr. & Mrs. Benzen arrived to San Diego;Mary Chase Walker arrived from Massachusetts to act as SanDiego’s only schoolteacher. We have an account of her stay atThe Franklin:

“The first night at the hotel, a donkey came undermy window and saluted me with an unearthly bray. Iwondered if some wild animal had escaped from amenagerie, and was prowling around Old Town. Thefleas were plentiful and hungry. Mosquitoes were also inattendance. The cooking at the hotel was quite unlikethe cooking at Del Coranado at the present time. I satat table alone (being the only woman in the house) anIndian man did the cooking and an Irish boy waited onme at table, and also gave me the news of the town. Aman had been shot the previous day he said, etc. Thelandlord an Irish gentleman kindly told me that I couldgo into the kitchen and cook whatever I wished if I didnot like the Indian’s style of cooking. I availed myself ofthe privilege, and while there made some interestingdiscoveries. The cook was sitting on a bench in front ofan open sack of flour. He was vigorously scratching hishead. This brought unpleasant suggestions to my mind,as also did his stirring of food while cooking on thestove, with his long hair dangling over it. I tried to findboard in a private family as the accommodations wereso poor at the hotel, but without success.”4

Neither Benzen nor Walker have left behind anyinformation as to whether they met, and Walker asserts she was

4 “Old Town Memories by Mary C. Morse,” San Diego HistoricalSociety Quarterly, Volume 7, Number 3 (July 1961).

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the only woman at the hotel. Like much else about Benzen, littleis conclusively known.

Benzen had his own problems. While the civil practice heinherited from Augustus Ensworth was lucrative, his salary asDistrict Attorney was unreliable. As was the custom at the time,Benzen was allowed to represent cases for a fee, besides his workfor the county. It was a different era in terms of perceptions ofconflict of interest. Given how small the pool of qualifiedprofessionals, it is no surprise. It certainly worked for SheriffMcCoy.

Benzen’s correspondent is Wellington Cleveland Burnett(1830?-1907), an attorney practicing in San Francisco. Burnett’spapers repose in the collection of the California Historical Societyin San Francisco.5 According to the Online Archive of California:

“Burnett served four terms as Attorney andCounselor for the City and County of San Francisco,1870-1880. Previously, he had been Calif. State Senatorfrom Yuba and Sutter Counties, 1856-1857. He lived andworked in New York City, ca. 1895-1897.”6

He was also involved in a noted discrimination caseinvolving a black woman evicted from a San Franciscostreetcar in 1866. Benzen had powerful and successfulfriends and associates.

5 Online Archive of California,http://www.oac.cdlib.org/search?style=oac4;Institution=California%20Historical%6 Online Archive of California,http://www.oac.cdlib.org/search?style=oac4;Institution=California%20Historical%20Society;idT=17fc9dcc7333bf739c81d9f8d8bf9840

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The Text

The present location of Benzen’s two letters is currentlyunknown. What we have are photographic copies. His spellingand grammar are generally accurate, but Benzen utilizes a ratherpeculiar system of dashes, underlining, and abbreviations.

There is a certain jocose humor in self-references andclearly he is a professional in his concern for legal decorum andassembling an impressive library. He expresses concern for hiswife and solicitude for his correspondent’s family. Within twelvemonths of these letters, Godfrey Benzen disappears from SanDiego’s history. All that is left of him are the unguardedcomments and opinions of one friend writing to another aboutthe experiences of a lawyer and civil servant who was trying tomake sense of a frontier town.

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Letter of March 23, 1866

Benzen’s first letter is an endorsement ofDavid Hoffman as a state judge. Hoffman was aremarkable man himself. He took a degree inmedicine at Toland Medical College of SanFrancisco in medicine. He came to San Diego in1853 and quickly built up a solid practice. Inaddition, Dr. Hoffman was admitted to the bar in1856 and practiced as an attorney. In a twentyyear period he served as Coroner, Town Trustee,District Attorney (1859), Assemblyman, SchoolBoard Trustee, Commissioner of the Circuit Court,first president of the County Medical Society, etc.,etc.7 It is easy to understand why Benzen gave hima glowing recommendation for appointment tothe bench.

7 Clifford L. Graves, “An Early San Diego Physician: David Hoffman,”Journal of San Diego History, Volume 10, No. 3 (July 1964).

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San DiegoMarch 23 of 1866.

W.C. Burnett Esq.

My dear friend:

This communication is on business relating to theproposed appointment of D. B. Hoffman, Esq. of thisplace for District Judge,8 as appears per within petition.The same contains only a few names, but all of the mostprominent, and the scarcity of real good names at thisplace and such are personally known to the Governor9 haspersuaded me to take a few only whom most everybodyknows, at least by reputation. I send this to you for thepurpose of having it endorsed by yourself and such otherpersonal friends as you can get, and Low knows. Caperly,Spencer, Tyler, Hayes, Pelton will do so if you ask them,and you may think of some additional strength. Of ourdelegation, Hager and Lupton are sure, but Democrats.Can you get some of the others? I write to Hager10 &Lupton11 by this mail, so you will have no difficulty there.

8 The judicial district included San Diego and Los Angeles at this time.They were not separated until 1872 when San Diego and San BernardinoCounties became the 18th Judicial District. In fact Horace C. Rolfe ofRiverside got the appointment, but was defeated in the election of 1873.9 Frederick Ferdinand Low (1828-1894). Elected as a UnionistRepublican and served from 1863-1867. He established Yosemite Parkand the University of California. Low once said, "There's not muchchance to display one's ability in the governor's office of this state, evenif you be brilliant."10 John Sharpenstein Hager (1818-1890). Democrat. Lawyer; member ofCalifornia state senate, 1852-54, 1865-71; district judge in California,1855-61; U.S. Senator from California, 1873-75; delegate to DemocraticNational Convention from California, 1876; delegate to California stateconstitutional convention, 1879; U.S. Collector of Customs for San

8

The mere fact of my applying to you for aid in thismatter will at once have convinced you that the success isof vital interest to myself, and I can assure you that it is.In fact in case we fail in this I may as well pull up stakesand leave, because in such case all of the business of thisDistrict would remain as now concentrated at Los Angeles,where they are making strenuous efforts for theappointment of a lawyer, James Lauder (who is adrunkard) and a lawyer Chapman12 (who is aCopperhead13). These statements you may again make subrosa14 under my authority – i.e. if necessary.

If the appointment of Hoffman can be secured, (hebeing an old resident of this place) it would have thenatural effect of creating business here and besides givingus a liberal share of Civil business would render my office(District Attorney) at least endurable and self sustaining,which it fails entirely to be at present.

I have known Mr. Hoffman rather intimately sincemy arrival. He is certainly perfectly able to fill thisposition, has a fine clear legal mind and an enormousamount of industry (the great essential point after all) and

Francisco, Calif., 1885-89. Lawrence Kestenbaum, The PoliticalGraveyard, http://politicalgraveyard.com/bio/hager.html.11 Samuel L. Lupton, member of the California Assembly for the 8th

District, 1865-1869. Lawrence Kestenbaum, The Political Graveyard,http://politicalgraveyard.com/bio/lupton.html.12 Possibly John S. Chapman (1812-1908), Member of California stateassembly 26th District, 1875-77. See Shuck Oscar T. History of theBench and Bar of California (Los Angeles: The Commercial PrintingHouse, 1901), 620-695.13 “Copperhead” a pejorative word for a Northerner who had sympathieswith the lately extinguished Confederacy. Chapman was born inArkansas.14 “under the rose,” discretely or confidentially.

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his habits and reputation for honesty are A No. 1. He is aFree Mason, which state is convenient.15

The proposed division of this Judicial Districtwould have no beneficial result for us unless thisappointment (the only one practicable from this County)is made.16

Besides the trade on the Colorado at Fort Yuma,etc., a portion of this County is growing into vastimportance.17 The litigants from there in cases ofInjunction, etc., where the District Judge’s presence isnecessary, have to travel upwards of 200 miles to comehere, and at least 150 miles farther to Los Angeles, whichwould be evaded by having the Judge’s permanentresidence located here.18 Los Angeles County would notsuffer. The Judge would have to hold there about fourterms and be there at least one-half of his time inconsequence. We would have simply the advantage ofhaving him here during vacation.

You know why I came here, why I have been heretill now and why I wish to be able to continue to live here.It is the delightful, even temperature and climate. I feelthat I have to stay here or die. And this is the reason whyI ask of you to help me in the accomplishment of thismatter; otherwise if we fail, want of business willeventually compel us to leave.

15 Perhaps more than convenient. Practically all of the men of SanDiego’s business and political community at this time were members ofLodge 35, Free and Accepted Masons of the Grand Lodge of California.16 In other words, a great deal of legal business would be transacted inLos Angeles to the detriment of San Diego.17 Either San Bernardino or New Town.18 San Diego County was huge at this time. It included much of what isnow Imperial and Riverside counties and stretched east to the ColoradoRiver.

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Each and every statement herein made I vouch foras perfectly reliable in every particular. Use thiscommunication as you see fit. It can stand the test ofscrutiny and investigation.

Phineas Banning,19 Senator from Los Angeles, isthe greatest block in the way. I believe he is a Chapmanman. If you can give him a softening do so by all means, orhave it done at any rate. He knows Hoffman well, but Isuppose would object to supporting him on account ofsome petty jealousies and bickerings carried on in thepapers about the advantages of San Diego over San Pedro,etc., etc. These little matters ought not to weigh howeverin an important matter like the present. Banning knows orought to know that Hoffman is capable and honest andthat is the only question in this matter for him (at least inhis present position).

I shall anxiously await your answer hereto. Tryyour best as I know you will. I am always on hand toreciprocate as usual.

Your friend,

G. A. Benzen

G.A. Benzen Letter – Rcvd. March 29th 1866 - & answeredsame day – W.G.B.20

19 Banning (1830-1885) established a stage line between Los Angelesand San Diego in 1852. He is also known as the “Father of the Port ofLos Angeles”20 Notation on the letter in the hand of Burnett.

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Letter of April 8, 1866

Benzen’s latter of April 8, 1866 is bothtouching and amusing. He writes very movinglyabout the privations of life in San Diego: loneliness,isolation, scarcity of food, violence, theineffectiveness of local government, etc. Hedisplays some of his prejudices in his disparagingcomments on Mexicans and Irish.

The only redeeming aspect of San Diego forBenzen, except for a promising legal career, is theweather. One wonders if the comments made inpassing on his health, the salubrious climate of SanDiego and his paying a large medical bill areindicators that Benzen had some personal healthissues.

Most entertaining is the description of anarrest and subsequent trial. This author wonders ifsome of it is fictitious or at least exaggerated, but itmakes for amusing reading.

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San Diego April 8, 1866.

W.C. Burnett Esq.

My dear friend:

Your letter dated March 27 came to hand onyesterday and was received by the United States Mail,four horse Coach line, by the appearance of which (windand weather and the state of rivers permitting) we areblessed once a week on Saturday evening. These are theonly mail facilities provided for us by our kind andgenerous Government.21 The steamer22 comes here once amonth, but she carries only Wells Fargo & Co Express.You may well judge from this statement how anxiously weare awaiting Saturday evening in this more than quieteven dead and desolated place, and with what gusto wedevour the contents of letters and newspapers, knowingthat for 7 days at least we will be deprived of anotherintellectual meal. I heartily thank you for the promptattention paid to my request in regard to the Judgeship,although I learn from a communication received from Mr.Redding, Secretary of State,23 by a friend of mine, thatthere is no likelihood of any change, as contemplated bythe bill referred to, being made.

I believe I informed you in my last letter that yourcommunications to me dated October 1865 did not comeinto my possession until about 4 weeks ago, when they

21 Domestic postage at this time was 3 cents per ounce.22 Possibly the steamer Orizba, although the Pacific is a possibility. SeeWells, Fargo & Co. and Old Town San Diego 1852-1875. (Privatelyprinted, Wells Fargo Bank History Department, 1990), 30.23 Benjamin B. Redding, (1824-1882) California Secretary of State,1863-1867.

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were sent to me by a friend who happened to see themadvertised at San Pedro,24 whereas I have always been atSan Diego with the exception of about a fortnight whichmyself and wife spent on our first arrival at Los Angeles,where I intended to locate but found that the climate didnot agree with me at all. Since the 15th of July 1865 wehave been at this lonely, hard, and, miserable placeenjoying the only comforts presented here, to wit, thebeautiful even and healthy atmosphere and climate, whichI suppose cannot be surpassed in any portion of the world,Italy and the world renowned Azores not excepted.Sickness is hardly known here. The favorite and uniformway of severing the relations that bind men to thisterrestrial globe is generally an ounce or two of lead, or theinsertion of a black or white handled bowie knife into theparty doomed to change of locality. And as for the womenthey seem to have no end to their existence, at least duringthe whole time I have been here, I have not heard of asingle death of a woman or child. For Mrs. Burnett25 andher child (not Ikey but the other one) who I hope are well,this climate would be very beneficial in summer. SantaCruz, where she went for the purpose of her health, don’tamount to anything in comparison with San Diegoclimate. The accommodations for visitors and particularlyinvalids here are however miserable in the extreme. On ourfirst arrival here we were obliged, to try them for over amonth and I assure you that my wife suffered a great deal.The rooms bedding meals and in fact everything at the

24 Advertising unclaimed letters in the newspaper was a commonpractice. The first edition of the San Diego Union on October 8, 1868utilized much of its front page for unclaimed letters at the San Diego PostOffice.25 Jane Cromwell Cleveland Burnett, (1835-1923). Born in Brooklyn,New York and came with her husband, W.C. Burnett to California.

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“Hotel”26 are unfit for use, and it was very hard on us inour condition to get along with the accommodations. Sincethat time however we have gone to house keeping sent toSan Francisco for furniture, bedding groceries and in facteverything needed and have been living quitecomfortably. In fact more so than anybody else, whichhowever is not saying very much. This State of things hereis all owing to the laziness and recklessness of thepopulation, a mixture of Indians, Cholos27 from Mexicoand refugees from justice from everywhere else. It iscertainly a devilish hard crowd. As I have said, the climatebeing so beautiful and abundance of good soil, you willhardly believe me when I inform you as a fact that everypotato, cabbage, turnip and all other vegetables even ourcorn meal and flour comes here per steamer (once a monthfront San Francisco!!!!) Such is the fact. That under suchcircumstances there can be no permanent prosperity hereis obvious; poverty and crime go band in hand and reignsupreme. The whole assessable property in this wholeCounty, including the Steamers on the Colorado, FortYuma, and all real and personal property is a little over$400,000 (about the value of the Lick house28), and theenforcement of the payment of taxes on that paltryamount takes, or rather has taken up most of my time,since I arrived. Most of the taxes were delinquent for 3 or 4years and nobody had the slightest idea of ever liquidatingthem, in fact they boasted that no San Diego lawyer coulddraw a complaint that would stick, etc., etc.29 When I was

26 Possibly the Franklin House, conveniently located two doors west fromthe Courthouse.27 Derogatory term for a Mexican man.28 The home of James Lick in Santa Clara.29 Taxation on real property differed from Mexican practice that hadobtained in San Diego from 1822-1846. Generally land was taxed on thevalue of its product, e.g., cattle or crops, and not the land itself. Thischange in taxation was the ruin of many and led to San Diego’s major

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elected District Attorney I, however, pitched into themand have brought the hombres30 to their milk, and theynow pay without even trying to make a defense. Inbusiness matters, I have been very successful since myarrival here. The leading lawyer here (A. S. Ensworth,Esq.31) died shortly after my arrival. I inherited all of hispractice and bought his Law library consisting ofCalifornia Reports,32 Statutes, Digests, some Elementaryworks, etc., a pretty good selection and the only Lawlibrary in the County, about 150 or 160 volumes, from hisExecutor at the appraised value of $1. per volume. Thiswas certainly very cheap. The California Reports were allcomplete, so even the Statutes and everything in first rateorder and almost new. I further bought at auction hisother miscellaneous works, etc., about 50 volumes more forabout the same price, and therefore I am in that respectwell provided. It also so happened shortly after my arrivalthat a great deal of litigation sprang up among theSteamboat Companies at Fort Yuma on the Colorado andlaw suits were more plentiful I than they had been here forthe last 6 or 7 years. I was about the only lawyer in theplace and was retained in each and every case that hasbeen commenced by the plaintiff. Although I commencedabout 20 District Court suits (a great number for thisplace) in the last 8 months not one has been defended. Iinvariably got judgment by default, my clients theirmoney and I my fee. By this streak of luck I have beenenabled to get along pretty comfortable. I have earned

Indian uprising in 1851, led by Antonio Garra. It was essentially a taxrevolt.30 One assumes that by use of the word “hombres” Benzen is referring tothose Californios who were still land rich, but cash poor.31 Augustus Ensworth died on September 13, 1865. Ensworth also servedas District Attorney and Justice of the Peace.32 Official reports of the California Supreme Court.

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about $300. per month on an average and am informed onthe best of authority that no lawyer at San Diego evermanaged before to make the half of that amount in thesame time. So you I see that my luck is not quite at an endyet, but a good deal in such matters depends uponmanagement and I charge like the devil according to theinstructions and precedents received from Stanly &Hayes.33 I find that is about the only way to get along andbe respected. Working for nothing and boarding yourself isabout played out. I think this climate would agree wellwith our friend M. A. Coutie, Esq. Can’t you persuade himto come here and settle with his old bottles? There isplenty space here for storing them and I think I couldpoint out to him a few more of those profitableinvestments on a larger scale, formerly furnished to himgratuitously by the firm of B & B.34 The office of DistrictAttorney does not pay well, only $500 per year salary andsome fees, and these. are paid in County scrip worth about20 cents on the dollar, but I have taken the office as Iwanted to beat my opponent anyhow and further becauseit does not interfere with but rather helps my civilbusiness. It is uncertain, however, how long I will remainhere. It is so lonesome for my wife, no society whatever,not over 20 white women and they all Irish in the wholecounty.35 I assure you that it is a pretty hard place for alady. There are a few imitations of stores at this place, butthey hardly sell anything but bad whiskey and tobacco.We have even no barber, no tailor, no shoemaker and infact anything else here, nothing but Whiskey shops andFandango houses, etc. We have got a beautiful harbor butno boat to sail in. Hundreds of cows running round

33 “Hayes” might be Judge Benjamin Hayes of San Diego. There wasalso the law firm of “Hayes, Stanley & Hayes” in San Francisco.34 Burnett & Benzen, apparently they were partners.35 This is an exaggeration.

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everywheres, but most of the time not a drop of milk intown for love or money. Nothing here but beef, fresh anddried; beef in the morning, beef at dinner and beef forsupper. Everything seems beefy. It seems like a perfectgrave; everything falling to decay36, nobody works,nobody has energy enough to work for comforts, andpoverty and filth are abundant. That under thesecircumstances we do not feel like permanent citizens willseem very clear to you, but my health was so poor that ithas kept me here nevertheless. It seems now that myhealth is improving. I begin to feel again like of old. Myenergies are getting aroused again and I feel like makinganother break for some new El Dorado where I can plungeinto life and business and accomplish my wish and desireto get rich and independent. This I am bound toaccomplish if I live, not so much for myself as for thegratification it gives in to leave a competency earned bymy own industry for my wife, who has stuck to methrough thick and thin, poverty and prosperity and helpedto overcome adversity, sickness and. everything else. Veryfew women would have endured all the hardships andprivations we had to undergo within the last year withsickness and with the same fortitude and resignation, butmy dear friend you will find, that we will come out allright poco tiempo.37

The legal proceedings as carried on in this burghwould amuse you very much to witness for an hour or two,although for a long space of time they become reallydisgusting. Everything is done in a summary manner. If aman is arrested for murder or some other trifle as robbery,

36 In 1863 Sarah Robinson wrote Ana Whaley, “...San Diego is in a stateof decay. We live poor and looks poor and I suppose we will remain soas long as this horrid war lasts.” April 17, 1863.37 “in a little while”

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etc., he is placed in the County Jail by the Sheriff,38 whocalls on him 3 times a day, accompanies him to the Hotelwhere they take jointly their eye-openers, bitters or nightcap as the case may be, before and after each meal, whichthey take together with the other boarders at said hotel atCounty expense. After week or so has elapsed some of theprisoner’s friends apply to the County Judge39 (a damnedold greaser who can not speak a word of English) for reliefand by the aid of a twenty dollar piece he takes a bond,worthless of coarse, makes an order of his release and thereis an end to the matter as a general proposition. In minorcases such as petty larceny, assault & battery, etc, theproceedings are somewhat on the following plan, with afew alterations according to circumstances: The sheriffarrests a man without a warrant or anything else say at 7o’clock A.M. The prisoner is not placed in Jail in such case,but officer and prisoner go to the Hotel, get an eye-opener,40 at 8 A.M. breakfast , after breakfast play afriendly- game of poker or Euchre for the drinks at saidHotel41 to pass away the time. At 10 A.M., the prisoner isbrought to office of G.A.B.,42 District Attorney.43 TheSquire44 also is sent for and appears. The District Attorneyfurnishes some whiskey and cigars for the company. TheSheriff states the case. The Squire smokes and reads apaper upside down, the learned District Attorney refers tohis books. He reads 10 lines from Chapter 1, page 19 of

38 James M. McCoy, sheriff, tax collector and later State Senator. Verymuch of the “shoot first, ask questions later” school.39 Probably Julio Osuna who served as County Judge 1863-1867.40 A breakfast cocktail41 Possibly the Franklin House42 Godfrey A. Benzen43 This would have been the old brick Courthouse on the Plaza.44 The Justice of the Peace

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“Bright’s Husband & Wife”45 also refers to page 17 ofVolume 2 “Phillips on Evidence,” and if circumstancesrequire, makes pencil notes from “Author’s ClassicalDictionary,” being the largest and therefore the mostformidable weapon.46 Whereupon the Squire enquires forthe result of said legal investigation from the DistrictAttorney, somewhat as follows: “Well, Mr. Lawyer, whatis the law in this case?” The gentle District Attorneyhaving taken a glance at the Sheriff is able to give hisopinion as follows: “This is rather an aggravated case ofassault & battery, still there seems to me to be somemitigating circumstances. I think the fine (which goes tothe County47) should not be exacted in this particular caseand therefore the Judgment will only be as follows, to wit:(Here the District Attorney takes a sheet of foolscappaper, also his old gold pen, black handle (which you knowof old) and figures up the result as follows):

The People ) Fees of Sheriff $ 4.75 ) Assault &vs. ) Expenses “ “ (Breakfast) 1.50 ) Battery

John Doe ) Fee of Justice 5.— )) “ “ District Attorney 10. —)

—— Total $21.25

This Judgment is thereupon submitted to theJudge, who having weak eyes asks the District Attorney

45 John Edward Bright, Treatise on the Law of Husband and Wife, asRespects Property, American edition published in 1850.46 Benzen is going through a charade of consulting legal references, twoof which have no bearing on the case. One assumes he is attempting toimpress, or fool, the illiterate justice.47 In other words, the fine is split between the parties and not placed inthe County treasury. Given the inability of San Diego to actually pay itsemployees, this sort of arrangement was thought necessary. Of course,had they been remitting the fines properly, the county might have beenable to pay its employees.

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to read the same, and affirmed in the following unique,simple and honorable manner, “Well Mr. John Doe that ismy judgment and the law. You are lucky to get off socheap.” Thereupon the above Judgment and decree issigned with the following systematic neat uniform and atthe same time simple autograph as follows.

hisWitness ) Patrick X Reed48

G.A. Benzen ) markDistrict Atty ) Justice of the Peace

San Diego Township

This is the style of signature to each official paperissued by the Squire, a Hibernian49 by birth and ashoemaker by profession, who according to his owntruthful and self evident statement had to leave “ouldIreland” on account of political troubles, leaving behindhim for confiscation rich, flourishing, and elegantdomains, which misfortune had the affect of depriving himof the art of reading, spelling and writing,accomplishments acquired by him “in one of the firstColleges in the United Kingdom.”

After the signing and reading of said Judgment theprisoner (whose pile had been sized before judgment) innine times out of ten pays. He leaves the office minus$21.25. The stern officers of the law remain, take a dose ofwhiskey, light a new cigar, each about his own honesty,the funds are divided according to above program and theCourt adjourns.

48 Patrick Reed, of whom nothing is known. He is not listed in the greatRegister of Voters.49 “Hibernian,” native of Ireland, from the Latin, “Hibernia.”

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Such my dear friend is about the sum andsubstance of our proceedings. They are time honored, anda change could not easily be effected. I have written morethan I contemplated. If I annoy you, you will excuse me. Iwould be pleased to hear from you, your amiable wife, andvery interesting family often. I think often of you andthem. May God bless you all.

G. Benzen

If you see Doctor Wooster50 tell him that, I paid my noteto the agent of Wells Fargo & Co, $40 coin, some 6 weeksago. Thank him kindly for waiting so long.51

50 Probably David Wooster, M.D., co-founder and co-editor of thePacific Medical and Surgical Journal, California’s first medical journal.51 This is a significant amount of money. It would represent at least$400.00 in contemporary buying power. Payment in coin, rather thanpaper currency, was the preferred method of settling debts.

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List of Officials during the term ofGodfrey A. Benzen

1866-1867

National and StatePresident of the USA: Andrew JohnsonGovernor of California: Frederick Low

San Diego City and CountyAssessor: John McIntire, 1863-1869Board of Supervisors:

Cave J. Couts, 1865Louis Rose, 1865-1866Joseph Smith, 1865-1867

Coroner: Charles Gerson, 1863-1865Thomas Lush, 1865-1867

County Clerk: George A. PendletonCounty Court: Julio Osuna, 1863-1867District Attorney: David B. Hoffman, 1859-67, 1862-64

D.A. Hollister, 1864-1865G.A. Benzen, 1866-1867Cullen A. Johnson, 1868-1869

District Court: Pablo de la Guerra, 1864-1867Sheriff: James M. McCoy (1861-1867Tax Collector: James M. McCoy, 1861-1871Treasurer: Vacant, 1861-1871Post Master: Dan A. Hollister, 1864-1866

Thomas H. Bush, 1866-1872Wells,Fargo Agent: Ephraim W. Morse, J.S. Mannessee,

José Estudillo

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Selected Bibliography

Palmer, Ph.D., Barbara. Old Town Character Studies. Sketches andSources. Sate of California: California State Parks, 2001.

Pourade, Richard F. The Silver Dons. San Diego: Union-TribunePublishing Company, 1963.

Research files. California State Parks, San Diego Coast District,San Diego, California.

Research files. San Diego County Law Library.

Research files. San Diego History Center, San Diego, California.

Shuck, Oscar T. History of the Bench and Bar of California. LosAngeles: The Commercial Printing House, 1901.

Smythe, William E. History of San Diego. San Diego: The HistoryCompany, 1908.

Stanford, Leland Ghent. San Diego’s LL.B. (Legal Lore & the Bar).A History of Law and Justice in San Diego County. San Diego: SanDiego County Bar Association, 1968.

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Illustrations

Dr. David B. Hoffman(Photo courtesy of San DiegoHistory Center)

Godfrey Benzen’s signature from a letter to W. C. Burnett

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William Cleveland Burnett(Courtesy of

California Historical Society)

Sketch of the Court House(Courtesy of State of California)

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First page of the March 3, 1866 letter from Benzen to Burnett.(Courtesy of San Diego Public Library)

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