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Personal Reminiscences of Early Days in California with Other Sketches; To Which Is Added the Story of His Attempted Assassination by a Former Associate on the Supreme Bench of the State by Stephen Johnson Field;George Congdon Gorham
page 58 of 410 (14%)
in the notice. Mr. Goodwin being called upon, took in his answer
substantially the same grounds as Mr. Mulford. Immediately after Mr.
Goodwin took his seat, without a moment's hesitation, the Judge made
an order that his previous order of the eleventh of October, expelling
us, should be confirmed, and that the order should be published in the
Sacramento Times and the San Francisco Herald. I immediately took
the proper steps to obtain another mandate from the Supreme Court
to vacate this second expulsion; and also to attach the Judge for
non-compliance with the original mandate, the first order of expulsion
still being unvacated on the records of the court. At the January
term, 1851, the applications to the court in both cases were decided,
and they are reported in the 1st California Reports, at pages 189 and
190. In the attachment case, the court denied the application on the
ground that no motion had been made by us or any one on our behalf
to cause the original order of expulsion to be vacated, and that the
Judge had, in the proceedings to expel us, substantially recognized
us as re-instated. In the other case, the court decided that the
proceedings to re-expel us were irregular, and directed an alternative
writ to issue, commanding the Judge to vacate the order and to permit
us to practice in all the courts of the district, or to show cause
to the contrary, at the next term. No cause was ever shown; and thus
ended the attempts of an ignorant, malicious, and brutal judge to keep
us out of the profession of our choice. Mr. Goodwin has since held
many positions of honor and trust in the State. He was elected
District Attorney at the same time that I was elected to the
Legislature, and afterwards was Judge of Yuba County, and is now
(1877) a member of the State Senate. Mr. Mulford was afterwards and
until his death a successful practitioner at the bar of Marysville,
and was in all the affairs of life respected as a high-spirited and
honorable man.
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