The Ox-Yoke Judge Who Kept Olympia the Capital

Judge O. C. Hewitt, one of Olympia’s earliest pioneers, chief justice of the territory and the father of Odd Fellowship in Washington, closed his eyes in death last evening at 7:30 at his home in East Tumwater, ending an exemplary career of eighty-two years as a citizen and a man.

He was one of the early pioneers who hold marked places in the history of Washington, one of those who crossed the plains seeking newer fields and newer hopes. He was a man of sterling integrity and honesty and was in this a peer to any in the state. He acted always in accordance with his convictions, regardless of the opinions of any party or individual, and his many good traits of character were prominent.

Judge Hewitt was born in Oppingham, Montgomery County, N.Y., in 1809. He afterwards moved to Dundee, Ill. In 1852 he crossed the plains and settled at Milwaukee, Or. In 1852 he came to Olympia, and later removed to Seattle and Port Madison. He was a carpenter by trade and because of superior ability in making ox yokes, which were conceded to be the best on Puget Sound, received the title of “Ox Yoke” Hewitt.

When the Indian war broke out Judge Hewitt organized a company of volunteers in Seattle, arming and equipping them at his own expense. He then proceeded to Slaughter and buried the settlers who were so mercilessly massacred by the hostile Indians. Here he built a stockade, and left camp to meet Lieut. Slaughter, who was coming from Steilacoom with a company, Hewitt and Slaughter having previously arranged to meet each other. The men were tired and footsore, and instead of seeking safety within the stockade three miles distant, as Judge Hewitt urged, they camped for the night. Slaughter and Hewitt were sitting opposite each other when the first volley came, and Slaughter was killed instantly, falling over into Hewitt’s arms. The next morning the little army returned to Seattle, upon which Judge Hewitt had been informed by two trusty Indian scouts an attack would be made that night. He then informed the Seattle citizens of this, and also applied to Capt. Gansworth, of the sloop Decatur, lying in Seattle harbor, who placed his men at Hewitt’s disposal. At 1 o’clock that morning the hostiles descended, killing several citizens, but the preparations already made saved a much more serious loss.

After the war he practiced law, and conducted a case for Neigs Gawley against the Pacific Mail Steamship Company, which concerned the sinking of the tug Resolute. He carried the case to the United States Supreme Court and won it. Shortly after President Lincoln, in 1861, appointed him chief justice of the territory, succeeding J. C. McFadden. Judge McFadden hesitated about turning over the records of the court, believing that he was entitled to serve the four years for which he had been appointed. The members of the bar of the county were called together and Hewitt and McFadden submitted the question as to their rights to fill the office. The bar decided that Judge Hewitt should take the bench, and Judge McFadden gracefully retired.

After retiring from the bench, for a short time he took an active part in politics, in opposing the election of Selucius Garfielde as delegate to Congress. Judge Hewett advocated the election of Marshal Blinn, an independent candidate, and the opposition to Garfield was continued until McFadden was elected.

While on the supreme bench a very important question was presented to the supreme court: the legislative assembly had passed an act removing the capital to Vancouver. The supreme court decided the act to be invalid, and Olympia remained the capital. Judge Dennison was one of the attorneys in the case.

Upon his appointment as chief justice he moved to Olympia, and, after holding a few terms of court as judge of the second judicial district, went to Illinois and returned with his family. Lincoln reappointed him and he served until 1869, being succeeded by B. F. Dennison, of this city. After continuing practice for a few years, he purchased a farm on Chambers Prairie and retired from active life three years ago.

Judge Hewitt was called the father of Odd Fellowship in Washington, being a charter member of the first lodge established in the territory, which was organized April 10, 1851. About 1855 the lodge surrendered its title. Judge Hewitt was instrumental in reclaiming it, and established Olympia Lodge No. 1. He was once senior grand warden of the grand lodge of Oregon. He had been an active Odd Fellow ever since and was in good standing. He was 82 years of age, and probably the oldest Odd Fellow by ten years in the state.

For nearly three years he had been suffering with Bright’s disease, and had not been out of the house for over a year. The direct cause of death was pneumonia. His chief regret during his illness was that he had not moved to Olympia in order that he could note the improvements. His daughters and friends kept him constantly informed, and from his window he watched the growth of Westside.

The funeral will occur tomorrow from his late home in East Tumwater. Rev. Mr. Hoagland will conduct the services, which will be under the direction of the Odd Fellows. A son and two daughters survive him.