California Biographies Source: History of Napa and Lake Counties San Francisco, Slocum, Bowen & Co., Publishers. 1881 Transcribed by Peggy Hooper 2011 This file is part of the California Genealogy & History Archives http://www.rootsweb.ancestry.com/~cagha/index.htm THOMAS P. STONEY. Was born in Charleston, South Carolina, on the 25th day of April, A. D. 1835. He is the second child of P. Gaillard Stoney and his wife, Anna Maria Stoney, nee Porcher. His ancestors settled in the low country of the Colony of South Carolina about one hundred years before the Revolutionary War. By the father's side he is of Irish extraction. His mother's ancestors were French Huguenots, who sought refuge in the flourishing Colony of South Carolina from religious persecution in France, which followed the revocation of the Edict of Nantes. Thomas P. Stoney received a liberal education. He was prepared for college at the celebrated preparatory academy of J. W. Hudson, Mount Zion College, at Winnsboro, in South Carolina. After being prepared, he spent some years as a student at the South Carolina College and the Universities of North Carolina and Virginia. He applied himself closely when at school and college. He has never been of robust physique, and his precarious health interfered in some degree with the prosecution of his studies. Notwithstanding the disadvantages under which he labored, he, however, left college with an amount of culture and learning attained by few students, even among those possessed of physical powers of such a character as to enable them to devote all their time to study. He was, when at school and college, as he continues to be through life, of unimpeachable moral character. He wasted no time in frivolities of doubtful propriety, and his force of character was such that he could not be led by youthful associates from the path of .duty. Lithe year 1856 he left the paternal roof to seek health and his fortune in California, and made Napa his home in December of that year. His first business effort in the new life upon which he had entered was as a quartz miner, in Eldorado County. The fickle goddess did not smile upon him, and he made no fortune. He had not found the occupation for which Nature designed him. His well-trained mind was not to be lost to his fellow countrymen, amid the glitter of coin and cares of private business. In 1858 be left the mines and returned to Napa City, where he commenced the study of law in the office of Hartson & Edgerton. He was admitted to practice by the District Court of the Seventh Judicial District in 1859, and subsequently by the Supreme Court of the State. He soon demonstrated the fact that he had found the profession for which he was designed, and in which he was destined to make his mark. It was not long before the subject of this sketch, by his application to business, strict integrity, and an unostentatious display of his legal attainments, put himself in the front rank at the bar. He formed a partnership with Hon. C. Hartson, his legal preceptor. This firm did their full share of the legal business of Napa and Solano Counties. Thomas F. Stoney continued a member of this firm till the breaking out of the war between the States. In 1861 he married Miss Kate M. Allen, a native of New York, and the daughter of Joseph Allen and his wife, Catherine Allen, nee Walker. Mrs. Stoney's ancestors are of English and Dutch extraction. She was then residing in Napa County. This lady is in every way worthy of her husband. The offspring of this marriage were three sons and two daughters, all of whom are still living except the eldest daughter. If these children fail to make valuable members of society, it will not be for lack of careful, intellectual and moral training. Having been trained in the school of politics taught by the States Rights politicians of the South, and having imbibed a religious belief in the doctrines of the strict constructionists of his native State, when the war commenced he felt that his allegiance was due to South Carolina, and that as a patriot he was bound to respond to her call in the time of her great extremity. In May, 1863, he went East, and, leaving his family in New York, succeeded in crossing the Potomac and the Federal lines. He reached Richmond, the Confederate capital, from which city he soon took his departure for his native State. Arriving in Charleston, he at once enlisted in the Marion Artillery, a light battery then in the Confederate service. He served faithfully as a private soldier till the close of the war, and was with the army commanded by General Joseph E. Johnson when he surrendered to the Federal hosts, led by General Sherman. His wife, who, with the only one of their children then born, was left for safety with her relatives in New York, had resolved that "his country should be her country," and that even grim- visaged war should not separate her and her child from the husband of her choice, went to Nassau, on the Island of New Providence, then the great entrepot for the Confederate fleet of merchant vessels engaged in running the blockade. Orders had been given by the Confederate Government at Richmond, forbidding the taking of ladies and children on board of vessels engaged in the service of that government. Mrs. Stoney found that she and her child would not be taken. After great difficulty and much urging on her part, a kind Captain agreed to make an exception in her case if she would consent to share all the dangers and hardships incidental to the hazardous service in which this adventurous seaman was engaged. She was told that the vessel would be burnt rather than allowed to be captured by Federal cruisers. She cheerfully agreed to risk all the dangers of the voyage and embarked on board a blockade-runner. She reached Wilmington, North Carolina, safely, and soon joined her husband in the land of Sumter and Marion. After the disastrous failure of the Confederate cause in 1865, Thomas P. Stoney removed to New York City and was for some time employed on the Metropolitan Record, a weekly Democratic journal then published in that city. Many of the ablest and most conservative articles that appeared in the columns of that paper were from his pen. In May, 1866, he returned to Napa. Not being able to practice law in his own name, owing to the test oath which practicing attorneys were compelled by the Act of the California Legislature of 25th of April, 1863, to file, he was employed in the office of Hon. C. Hartson, who has always been his steadfast friend. He rendered that gentleman much valuable assistance in the preparation of his cases, during the time he was employed by him. After the repeal of the test oath act he formed a partnership with the late W. W. Pendegast, so well known both at the bar and in the Legislative Councils of the State as one of California's most eloquent sons, as well as one of her ablest lawyers. Such a firm could not fail to be leaders at the bar nor to draw to itself large practice. In October, 1871, Thomas P. Stoney was elected County Judge of Napa County. It would be impossible for any man to receive a higher compliment than the people of his county paid him by this election. The county had at the general election in September, gone Republican by a majority of about two hundred. Judge Stoney was, and continued to be, a pronounced Democrat and was the nominee of that party. His opponent, Judge Crouch, was the incumbent, an able lawyer and incorruptible Judge; a man against whose private and official character the voice of detraction was stilled even in a heated political campaign. Yet Judge Stoney was elected in October by over one hundred majority. His people bore witness to the ability and fidelity with which he discharged the duties of his office by electing him to a second term in 1875. With the close of his second term the Constitution of 1849 was numbered with the things of the past, and he was therefore the last County Judge of Napa County, and one to which her people may always point with pride. He contributed his full share in creating the high character of California's judiciary of which her people are justly proud. After the adoption of the Constitution of 1879, it occurred to Governor Irwin, who was then in office, and Governor Perkins, the Governor-elect, as well as to many of the ablest lawyers in the State, that the work of the incoming Legislature would be greatly lessened and the body of our laws much improved, by appointing three gentlemen of high character and ability to prepare such changes of the codes as the new organic law made necessary. In looking among the lawyers of the State for talent and legal lore competent and adequate to the task, the eyes of these two Governors naturally fell on Thomas P. Stoney, and he with Hon. L S. Belcher, an ex-justice of the Supreme Court, and Mr. A. C. Freeman, a distinguished legal author, were selected. The work assigned to this Commission was ably done, and had not the jealousy of some lawyers who had been honored, unfortunately, with seats in the Legislature, prevented the adoption as a whole of the work of this Commission, the laws of the session of 1880 would not have been found so defective, nor would so many of them have failed to stand the test of judicial criticism. In 1879 he was nominated by the State Convention of the Democratic party for Associate Justice of the Supreme Court, but the break in the ranks of that party, caused by the organization of the New Constitution party and the Workingmen's party, led to the defeat of the regular ticket and he was not elected. In January, 1880, Judge Stoney removed with his family to the city of San Francisco and is now a member of the well known firm of Stanly, Stoney & Hayes. In early life Judge Stoney became a communicant of the Protestant Episcopal Church. His culture and intelligence would entirely preclude the idea of bigotry in his religious views. His convictions are, however, pronounced, and both he and his wife are active and useful members of the cause which they have espoused.