Jun 07 2008

On Trial

Posted by J. Craig Canada in hoge, marijuana tickets, trial, web publishing

I will be spending most of the next month in court, with court dates on the 9th, 18th, and 23rd.

I suppose I should consider myself lucky that a warrant wasn’t issued and that I am allowed a hearing, as I didn’t show up for arraignment the first time on most if not all of them. And I didn’t show up twice for one.

It happens sometimes that when I really don’t want to do something I manage to completely forget about it. To truly and honestly forget about it. And that’s what is going on here.

I still haven’t finished moving hosts. I have everything copied to the new host except the email. And I have quite a bit of email. There are over 2,000 emails to join my forum, going back two months. And an additional 1000 that had invalid email addresses.

I also struck gold.

In the midst of researching a completely different family (The Carters, best I can recall) I had a brainstorm and did some searches on my 3rd cousin 5 times removed Joseph P. Hoge. He practiced law and entered politics in Galena, Illinois, where his house has become a National Historic building. He was elected to Lincoln’s old district because the Mormons threw their vote to him as the lesser of two evils.

His law partner was Samuel M. Wilson, and Joseph’s sister is said to have married a brother of S. M. Wilson, though I haven’t been able to find anything to support this genealogically.

The Family of Hoge and The Book of The Agnews show 8 children for David Hoge, Junior & Jane Scott, and the 3 daughters all have husbands, none of them named Wilson. However, in looking for such a connection I did find that Agnes Lacy married Dr. Henry Wright Wilson. (Agnes Lacy was sister of Drury Lacy who was father of Elizabeth Rice Lacy who married Samuel Davies Hoge.)

In 1853 J. P. Hoge & S. M. Wilson, attorneys at law, followed the 49ers to San Francisco, where they became rich and prominent. J.P. was first president of The San Francisco Bar Association, first chairman of the board of Directors of Hastings School of Law (California’s first law school), and president of the 2nd California Constitutional Convention in 1878-79, where the Constitution that is in effect today was drafted.

He has a wife, Octavia Mary Browne, daughter of Honorable Thomas C. Browne, who was prominent in Illinois, being on the first Supreme Court of that state and serving in that capacity from 1825-1848.

Judge Browne came to San Francisco with J.P. Hoge, S.M. Wilson, and their wives – a formidable team. By 23 April 1860 J.P. Hoge had acquired a half interest in the Spanish Claim, one of the richest mines on the Comstock Lode. In 1860 the census states he had real estate of $20,000 and personal estate of $5,000. In 1870 he had real estate of $90,000 and personal estate of $20,000. He was a very rich man.

In 1860 J. P. Hoge and S. M. Wilson lived next door. In the Hoge household, beside J.P. & his wife Octavia were their children: Mary E, 20; Pauline O., 16; Fanny L., 14; George J., 11; Belle J., 8; Blanche, 6; and what appears to be J. N., 6 months.

Also in the Hoge household were Octavia’s father, Thomas C. Browne, 65, and 3 servants. The servants were: Hannah Cruse, Cook, 24, from Ireland; Philip Schrutz, Waiter, 23, from Germany; and Anna Cahill, Nurse, 28, from Ireland.

In the Wilson household were S.M., 36, & his wife Emily J., 27, 4 children and 2 servants. S.M. has real estate of $15,000 and personal estate of $7,000. The children are: John S., 10, Russel J., 8, Frank P., 5, and Mountford, 3.

The 2 servants were: Ann Barnes, Nurse, 40, from Louisiana; and Kate Finigan, Cook, 21, from Ireland.

Hastings opened it’s doors during the second California Constitutional Convention. During it’s second year 2 women and a Chinese applied for admission to the law school and were denied. One of the women, Clara Shortridge Foltz, filed suit against the school and won. Days before the suit was to be heard, by fiat, the clause “No person shall, on account of sex, be disqualified to enter upon and pursue any lawful business, avocation, or profession.” was entered into the new Constitution and was law by the time the case was heard. The case was Foltz v. Hoge, 54 Cal. 28 (1879).

They appealed, with J.P. Hoge named as lead defendant, and lost again.

I haven’t been able to find much on J.P.’s children. Fanny married Charles M. Tyler from Virginia and I’ve wondered if he wasn’t a cousin, related somehow to Governor James Hoge Tyler, who was governor of Virginia 1898-1902. And who’s grandparents were first cousins…

In 1870 (13 Jul 1870) Fanny, 25, and her husband, 27, and their daughter Sybal, 2, are living in the household of Fanny’s father. Charles Tyler has occupation of “none”, real estate of $20,000 and personal estate of $4,000. He is a rich man.

In 1880 (2 Jun 1880) Charles in 35 and Fanny is 25. They live at 908 Buchanan in San Francisco with 4 children: Sybil H., 12; Blanche B., 9; Lewellyn J., 7; and Fanny C., 4.

In 1900 (2 Jun 1900) Mrs. F. L. Tyler is a widow, 40, born Dec 1859, having born 4 children, 4 of whom are living. She lives at 1910 1/2 Market Street with four children and a servant. The children are: Sybil, 23, b. Mar 1877; Llewellyn, 22, b. Nov 1877; Blanche, 21, b. Nov 1878; and Christie, 19, b. Dec 1880. The servant is Tanavich, 19, from Japan. Fanny is working as a clerk.

In 1910 Fanny is 63, having born 5 children, 4 of which are living. Living with her are a son, 29, and 3 daughters who are 29, 23, and 20. Fanny and her daughters are listed as “own income”.

By 1920 (16 Jan 1920) Llewellyn and his sisters Blanche & Christie are living at 3350 Buchanan Street, in San Francisco. Lewellyn is 39, Blanche 34, and Christie 29. Llewellyn is a collector for the water department. Blanche is a clerk in a law office and Christie is a clerk for a photographer.

When I Googled “frances tyler” “san francisco” this photo is the first thing that came up:
Excerpt from San Francisco Polytechnic High Class of 1906 photo.
The woman in back, on the right side is Frances Tyler. Is this the grand-daughter of J. P. Hoge? I found myself mesmerized by the photo. What you see above is an excerpt from a larger photo. And looking at it I found myself thinking that if she were the grand-daughter of Colonel Hoge it would explain why everyone is standing where they are, the way they are.

Fanny Hoge had a sister, Josephine O., who married Delphin Delmas, a famous attorney in San Jose and San Francisco. Among other things, he lead the effort to create Big Basin state park. It was founded a month after he addressed the California Legislature.

Delphin was also defense attorney for Harry Thaw in the murder of Standford White. In 1906 this was dubbed “The Crime of The Century”. The century was young. In 1955 Joan Collins starred in a movie about this defense, called “The Girl in The Red Velvet Swing.”

In 1909 the New York times carries an item, datelined San Jose, that the niece of Delphine Delmas, and her husband Henry La Franc, are killed in an automobile accident and their 3-year-old daughter critically injured.

Did Fanny C. Tyler marry Henry La Franc? Though technically the niece of Delmas’ wife, and not Delmas himself, most people today, and certainly most everyone back then, would consider Fanny to be his niece. Is this why, in 1910 (a year after the accident) Frances Louise Hoge Tyler is telling the census taker she bore 5 children, 4 living? But why, in 1900, did she tell the census-taker she bore 4 children, 4 living? And where was Fanny C. Tyler in 1900?

I also found myself thinking that Frances Tyler would have to have married Henry La Franc almost immediately after the eartquake and born a child as quickly as possible, to have become Mrs. La Franc and have a 3-year-old daughter at the time of the accident.

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