Alameda County
Biographies
JUDGE GEORGE SMITH
Conspicuous among the citizens of San Leandro, Cal., is Judge George Smith, who has been a resident of this section since 1867. The grandfather of Judge Smith, George Schmidt, was born in Holland in 1730, and came to America with his parents when a boy of about ten years. He was wounded in the French and Indian war and died of the wound twenty-five years afterward. He married Katrina Van Alstine and lived with his wife in the old Stone Tavern in Esopus, which the English army, under Sir Henry Clinton, failed to destroy by fire October 17, 1777, for the reason that the whole structure was made of stone except the floors, and holes were burned through them. In this house the wife lived one hundred and three years.
The father of Judge Smith was born in the same house June 14, 1785. In 1810 he married Anna Ellis, who was born in Dutchess county, N.Y., October 20, 1793. She was the daughter of Noah Ellis, of English extraction, who was born in 1763. When sixteen years of age he volunteered to fight for his country and was with General Washington to the end of the war and a part of the time served as Washington's life guard. In 1784 he married Amelia Graham, a descendant of Highland Scottish pioneers. Noah Ellis was the pioneer settler of Rensselaerville, packing his goods on one horse through the unbroken forest, while he and his wife rode the other horse. He died at Middletown, Delaware county, in 1859. George Smith, the father of the judge, lived as a farmer in Delaware county for some time. In 1822 he was living again in the old stone tavern at Esopus and on April 5, 1822, George Smith was born. On the first of May, 1823, the family started for Chautauqua county, and on the thirtieth day of travel arrived at the southern part of the township of Stockton. He purchased of Jonathan Bughes one hundred and five acres of his land (which he held under articles of agreement from the Holland Company) and then paid the Holland Company in full and received the first recorded deed in that part of the country.
George Smith was next to the youngest of seven children of the family. He was reared in his native state and received his preliminary education in the public schools in the vicinity of his home. Desiring to become a teacher he attended school at Fredonia Academy, a branch of the State Normal School, and graduated in 1839, after which he engaged in his chosen occupation, teaching. In 1846 he became one of the many eastern teachers of Michigan and engaged in teaching at Coldwater and vicinity for one year. He then went as a pioneer to the territory of Wisconsin and located at Hales Corners, a short distance west of Milwaukee. While a resident of that section he gave his best efforts to make Wisconsin a state by voting and working for the constitution by which Wisconsin was admitted into the Union. In 1848 he returned to his native state and engaged in teaching and farming at South Stockton.
July 24, 1850, George Smith was married to Eliza M. Fenner, eldest daughter of C. C. Fenner, and they had nine children, six sons and three daughters. C. C. Fenner was a pioneer of South Stockton, Chautauqua county, and built the first saw-mill, also the first grist-mill in that section. He was born December 5, 1801, and in 1825 married Lucinda Fross, eldest daughter of Rufus Fross. She was born January 9, 1807. Rufus Fross was a pioneer of Chautauqua, having settled there in 1810.
George Smith and his wife were both licensed teachers, but chose to try dairy farming for a change. December 1, 1855, they went to Michigan and engaged in their favorite occupation, teaching. In 1867 they returned to Stockton and again engaged in dairy farming. In 1861, on account of illness, Mr. Smith was advised by his brother, Dr. Smith, of Fredonia, to make a journey overland to California as a sure cure for rheumatism. April 15 he left Dunkirk by steamboat for Toledo, thence going by rail to Chicago, accompanied by two of his wife's brothers, P. C. Fenner, who had been in California, and Wallace Fenner; also his nephew, Alonzo Putnam, and others. At Toledo they heard of the attack on Fort Sumter and when they arrived at Chicago they saw two companies, armed and equipped, leaving for the front. They were earnestly advised by many not to try crossing the plains for the rebels and Indians would make it dangerous. But the pioneer spirit so deeply set in the blood of the descendants of pioneers took possession of the entire company and they all agreed to stick together until the last.
They soon joined company with others, some from Illinois, Indiana, Wisconsin, Michigan, etc., to the number of one hundred men and nineteen women, all well armed for defense, and perhaps that was one good reason that nothing serious happened. The principal supplies were secured at Chicago, but nice bacon was bought in Iowa for one and one-half cents per pound. Eggs cost three cents per dozen, with oats to pack then in free. At that time there were no railroads in Iowa. One serious thing happened. One man was drowned while trying to swim the Platte river. There was a place on the north side of the river where five miles could be saved by crossing the river twice. Two of the company tried it. When the rest who followed the road arrived at camp it was reported that a man was called from the other side of the river. Judge Smith, having recovered his health and having some experience with persons drowning ( he having saved two from that fate), took charge of the case. The first case was a schoolmate, William D. Rolph, about 1840, at the boys' favorite swimming hold back of Fenner's grist mill. For some reason young Ralph was sinking and calling for help and George Smith swam to his assistance, but before reaching him he had gone under the water and when he came to the surface he put his arms around young Smith and pinioned both his arms and both went to the bottom. Smith then broke loose from him and both came to the surface. The same think happened three times. It was a desperate struggle, but at the last young Rolph got young Smith by one foot and was pulled ashore. The miller, John A. Fenner, who saw the first struggle, from the loft of the mill, arrived just in time to shake the water out of the boy and resuscitate him. The second was in the autumn of 1842. Asa Ellis, Newel Putnam, Esquire, and George Smith were conducting a drove of cattle from Chautauqua to Philadelphia. They had traveled up Blue mountain all day in a drenching rain storm. On the top of the mountain there were good farms and good feed for cattle. After placing the cattle in the field Esquire Putnam and George Smith started for the hotel and had to cross Pine creek on a pine log, denuded of its bark, wet and slippery, and the creek, swollen by the rain, was swift and foaming. Mr. Smith had got over when he heard a splash and a call for help. Mr. Putnam had fallen in up stream and was clinging to the log with his feet. His body had been drawn under the log and not being able to swim it would be sure death if his hands should slip from the log. George Smith, a lad of twenty years, and with the experience with one frantic with the fear of death by drowning, knew if he slipped or was d rawn into that fearful stream by the hands of a strong man who could not swim that there was no hope of coming out alive. He did not hesitate for a moment, but ran back and took hold of Mr. Putnam's collar and with a voice of command said: “Cling to the log and I will take you across.” Every time a hand was moved came the words: “Do not touch me. Cling to the log and I will take you across.” He obeyed the command of the lad and was saved. After all his experience it was all right for him to take the lead. It proved to be Mr. Scofield who was calling. He said that Mr. Springstead, who attempted to swim the river with him, was drowned. One of the company, Captain Claud Richardson, who had crossed the plains eleven times, knew a path through the rocks, led a party of search for the body of Mr. Springstead which was successful.
Frank Estee was asked to wade out on a sand-bar as far as possible with a long stick to feel his way, as the river water carried much sediment, and watch his chance to render assistance. Mr. Scofield was ordered up the river where he was to take water just above a bend where the rebound of the current would serve to carry him far toward the opposite shore. Mr. Smith, with a piece of board from a wagon box six inches wide and twelve feet long, was to start from the opposite short and meet him in mid stream. All went well until the parties met. When Mr. Scofield took hold of the board he hauled it in, hand-over-hand, with the insane idea that he would be safe it he could get hold of his rescuer. Mr. Smith knew better and being an expert swimmer shoved him toward the shore and swam around him and took the long end of the board. The same thing was repeated three times and all of the time Mr. Smith was trying to persuade him to be quiet and be towed across. They were being drifted rapidly down the stream and the danger point was near. If they got a short way below where Mr. Estee was stationed the rebound of water would carry them back to mid-stream again. Mr. Estee was furious and threatened to break his head with his club if he got full possession of the board again. They got a foothold on a point of land just above the next bend of the river. After the passage of a few quiet days Mr. Scofield said that he had an incontrollable desire to get hold of his rescuer, but why he did not know.
There were two horses stolen one dark night, but both were recovered and the company arrived at the crossing of the Sacramento river near Chico, one hundred days after leaving the Mississippi river.
Mr. Smith spent the winter with Sid Griggs on Sid's Landing, Colusa county, and voted with many of his other fellow emigrants that autumn for Leland Stanford, the Republican nominee for governor. The law of the state at that time required a residence of six months in the state. The law was construed to mean that a man became a resident of the state when he left his home with the intent to become a resident of the state. In April, 1862, Mr. Smith was engaged in teaching school at Fairfield (the Suisun district) and was appointed deputy county assessor and later deputy county clerk of Solano county. Thinking that he had found the right kind of a country to live in he sent for his wife. On the first day of January, 1863, she took passage on the Ariel, which had been captured by the Alabama on her last trip and still bore the scars of war. In May, 1863, he was one of the pioneers to the territory of Washoe, where he hauled the ores of precious metals as an occupation, and for the second time voted to make a territory into a state. March 17, 1867, he and his wife arrived at San Leandro for a permanent home. In 1869 he was elected justice of the peace, and being the county capital it was an important position. In 1871 he was re-elected to the same office. At the next term, the seat of the courts being removed to Oakland, he did not care to be again elected to that office.
In 1872 San Leandro was incorporated and George Smith was elected police judge, which office he held for four years. Judge Smith has been elected as one of the five trustees of San Leandro for two terms. Neither Judge Smith nor his wife ever joined any church. In 1877 the Presbyterian Church and congregation was organized and under the rules anyone who attended the services had all the rights to vote and hold office. Judge Smith served several terms as trustee and was elected by the Sabbath school as superintendent for seven years and has served three terms of three years each as trustee of schools in San Leandro.
July 24, 1900, Mr. and Mrs. Smith held their golden wedding jubilee, one hundred guests responding to the invitation. Their home, Rose Cottage, was decorated in fine style, all in golden colors. Tables were set in a vine-covered arbor near the house. All seemed to enjoy the occasion and none more than the happy couple, said by all who know them to be a model couple. The judge has considerable talent as a writer of verse and at the gathering just alluded to read an original poem.
Transcribed
5-4-15 Marilyn
R. Pankey.
Source: History
of the State of California & Biographical Record of Coast Counties,
California by Prof. J. M. Guinn, A. M., Pages 539-543. The Chapman
Publishing Co., Chicago, 1904.
© 2015 Marilyn R. Pankey.
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