“He lays his trouble to a cigar,”: Introducing Historic California Law

Captain Thomas D. McBride was first believed dead in 1883.[1] Final reports of his demise, 17 years later, were accurate.[2]

Foul play was suspected when the captain and his money went missing in Chicago in early November. A body was found in the river.

“Muskegon, November 13. Capt. T. D. McBride, of the steam barge Milwaukee, owned here, is missing since Tuesday, November 6. A report reached here to-day that his body had been found in Chicago River. He left the barge on that day to go to the dry-dock and was never heard of since. He leaves a widow and four children at Grand Haven. When he left the boat he had about $500 on him, but report says that a search of the body showed that he had no money.”[3]

Newspaper items must be analyzed for accuracy. Did the paper sensationalize, leave information out, or get things wrong? Were there follow-up stories? When an article suggests there is more to a story, keep reading. Also search newspapers in related locations.

The article’s reported child count is wrong. Thomas left a daughter and a son with his pregnant and supposed widow, Mary.[4] The couple previously lost two children.[5]

Another thing. Thomas was not the floater in the river.

“The report of the finding of the body of Capt. Thos. McBride in Chicago river is false. No trace of him has yet been discovered.”[6]

You might wonder, as Mary did, just where the heck Thomas went. I have (ahem) news for you.

“Grand Haven folks have heard that Capt. Thomas D. McBride, who recently disappeared from that place, has turned up in San Francisco. He lays his trouble to a cigar he smoked in Chicago in a Clark street saloon.”[7]

Oh, boy. Even a Dutch-language newspaper thought his cigar excuse was worth mention. I used Google Translate to see what they had to say.

“According to the News, he claims to have lit a cigar in a saloon in Chicago and immediately passed into a state of unconsciousness, from which he first recovered in San Francisco when he found only $5 in his possession. Yes Yes! those saloons are dangerous places, even if one only smokes a cigar.”[8]

Thomas’ time in California was hopefully too short for him to get acquainted with the state’s laws. He was assuredly already in enough trouble back home.

My great-grandfather’s half-brother Thomas is not my family’s only California connection, but his is the only “how I accidentally woke up in California” story I have found.

Whether your California ancestors got a suspicious Chicago saloon cigar and moved west while unconscious, or settled there awake, California law impacted their lives.

I introduce the historic California law collection to The Advancing Genealogist’s online law library. Historic California Statutory Law and Historic California Case Law pages guide you to the state’s laws.

There is no smoking in the library.  


[1] “Matters at Muskegon. Special Dispatch to The Detroit Free Press,” Detroit Free Press (Detroit, MI), 14 November 1883, p. 6, c. 3, Newspapers.com (https://www.newspapers.com/ : accessed 31 March 2023).
[2] St. Louis County Recorder, Duluth, Minnesota; Death Certificate, no. 674 (1900), Thomas D. McBride. “The funeral of Capt. Thomas D. McBride,” Muskegon Daily Chronicle (Muskegon, MI), 8 October 1900, p 1, c. 6.
[3] “Matters at Muskegon. Special Dispatch to The Detroit Free Press,” Detroit Free Press (Detroit, MI), 14 November 1883, p. 6, c. 3, Newspapers.com (https://www.newspapers.com/ : accessed 31 March 2023).
[4] 1880 U.S. census, Ottawa County, Michigan, Grand Haven; population schedule, Enumeration District [ED] 237, p. 359C, dwelling 427, family 458, T9-600, Thomas D. McBride household; digital image, Ancestry.com (https://www.ancestry.com/ : accessed 1 April 2023); child Bessie aka Lizzie died in April 1883 (see note 5). “Michigan Births and Christenings Index, 1867–1911,” database, Ancestry.com (https://search.ancestry.com/ :accessed 1 April 2023); Mary F. McBride, b. 25 January 1884; referencing FHL Film No. 984234. Muskegon Daily Chronicle (Muskegon, MI), 5 October 1900, p. 1 c. 4, “Capt. McBride Dead,”; obituary says Thomas married Mary Fallon in 1876.
[5] Michigan Department of Community Health, “Michigan Death Records, 1867–1952,” database and images, Ancestry.com (https://search.ancestry.com/ :accessed 1 April 2023); Robert McBride, no. 1 (1881).  Michigan Department of Community Health, “Michigan Death Records, 1867–1952,” database and images, Ancestry.com (https://search.ancestry.com/ :accessed 1 April 2023); B. McBride, no. 5 (1883).
[6] “The report…,” Wisconsin State Journal (Madison, WI), 16 November 1883, p. 1 c. 2, NewspaperArchive.com (https://newspaperarchive.com/ : accessed 31 March 2023).
[7] “General Items,” The Detroit Free Press (Detroit, MI), 4 December 1883, p. 4, c. 6, Newspapers.com (https://www.newspapers.com/ : accessed 31 March 2023).
[8] “Plaatselijk Nieuws,” De Grondwet (Holland, Michigan), 11 December 1883, p. 5, cols. 1-2, NewspaperArchive.com (https://newspaperarchive.com/ : accessed 31 March 2023); Dutch to English translation via Google Translate (https://translate.google.com/ : accessed 31 March 2023).

Thanks to Linda McCauley for updating my law library map!

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