An illustrated history of Sacramento County, California : containing a history of Sacramento County from the earliest period of its occupancy to the present time, together with glimpses of its prospective future portraits of some of its most eminent men, and biographical mention of many of its pioneers and also prominent citizens of today, Part 8

Author: Davis, Winfield J., 1851- 4n
Publication date: 1890
Publisher: Chicago : Lewis Pub. Co.
Number of Pages: 916

USA > California > Sacramento County > An illustrated history of Sacramento County, California : containing a history of Sacramento County from the earliest period of its occupancy to the present time, together with glimpses of its prospective future portraits of some of its most eminent men, and biographical mention of many of its pioneers and also prominent citizens of today > Part 8

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

1851-John Bigler, D. J. Lisle and Dr. Chas. Robinson. Lisle built the Twelfth street bridge across the American River, and died in San Francisco, February 8, 1855. He was elected at a special election on December 21, 1850, to fill a vacancy cansed by the death of L. Dnn- lap, who had been elected, but who died of cholera before the meeting of the Legislature. Robinson came here froin Massachusetts, and was prominently identified with the Squatter element in this city in 1850. Ile was second in command of the forces of that party in the riot which occurred in Angust of that year, was wounded in the fight, and was arrested upon the oath of several citizens that he had been seen to deliberately aim at the mayor, who was shot four times in the mêlée. He was in confine- ment on the prison brig when he was elected to the Assembly. On October 30, 1850, the Set- lers' and Miners' Tribune, a daily newspaper, was stationed here as the organ of the Squatters, and Robinson was the editor. The paper lived but a month. In 1854 he, with S. C. Pomeroy, led one of the many parties of Free State im- migrants into Kansas to offset similar coloniza- tion of pro-slavery men, and was prominently connected with the Free State party in the sub- sequent slavery agitation in that then proposed State. He was elected Governor of the Terri- tory by the Free State men under the Topeka Constitution on January 15, 1856. The troubles which then followed are familiar to every one. On May 5 the Grand Jury indicted Robinson and the other officers who had been elected, for high treason. Several of the parties so charged fled the Territory, but Robinson was arrested and imprisoned for four months. While he was in jail his residence was burned in the sack- ing of Lawrence. After a State Constitution was formally adopted he was, on December 6, 1859, elected the first Governor of the State. Ile is now a resident of and large real-estate owner of Leavenworth.

1852-Gilbert W. Colby, Alphens Kip, G. N. McConaha and Dr. Joseph C. Tucker. Colby was also Senator at one time. McConaha, a lawyer,

HISTORY OF SACRAMENTO COUNTY.

was drowned by the upsetting of a boat at Seat- tle, Washington Territory, May 4, 1854. Kip lived on the farm near Brighton, where Sheriff Mckinney was killed by Allen, its then owner, in 1850. The place is now occupied by John Rooney. Kip left here years ago. Tucker has resided in San Francisco for a long time.

1853-J. W. Harrison, J. Neely Johnson, Robert Robinson and J. H. Estep. Robinson was afterward county judge, and was for many . years connected with the law department of the Central Pacific Raiload Company. Estep re- moved hence and died at Lakeport on January 11, 1876. Harrison left here years ago. John- son was elected Governor on the Know-Nothing ticket in 1855. He afterward removed to Ne- vada, where he served as a member of the Con- stitutional Convention and as supreme justice. Hle died from the effects of a sunstroke at Salt Lake City, August 31, 1872. He was elected city attorney of Sacramento, April 1, 1850.

1854-J. M. MeBrayer, Dr. F. A. Park, T. R. Davidson and J. W. Park. F. A. Park was a dentist, and at one time deputy sheriff. He died in San Francisco, November 13, 1870. McBrayer, Davidson and J. W. Park went away years ago.

1855-John G. Brewton, Philip L. Edwards, . II. B. Meredith and James R. Vineyard. Ed . wards was a native of Kentucky. He visited San Francisco with a party of traders in July, 1836, and afterward returned to the East. He was then admitted to the bar, elected to the Missouri Legislature in 1843, chosen a delegate to the Whig National Convention in 1844, re- moved to Sacramento in 1850, defeated as the Whig candidate for Congress in 1852, and ran unsuccessfully for United States Senator in 1855. He died here May 1, 1869. Vineyard was a member of the City Council at the time of his election to the Assembly. Ile died at Los Angeles, Angust 30, 1863. Meredith is a brother of ex-Supervisor James II. Meredith, of Folsom. IIe left that town about 1864, and now lives in New York, where he is engaged as a broker. Ile practiced law while he lived

at Folsom. Brewton now lives in San Fran- cisco.

1856-George H. Cartter, George Cone, Geo. W. Leihy and Dr. J. W. Pugh. Cone was for many years justice of the peace in Center Town- ship, and a few years ago was the unsuccessful nominee for county treasurer on the Democratic ticket. He died at Red Bluff, November 12, 1883. He was a brother of ex-Railroad Com- missioner Cone. Leihy was a farmer and miner. He was murdered by Indians in Arizona on No- vember 18, 1866. Cartter was district attorney in 1852 and 1853, and left this section of the country and located in Oregon many years ago, where he died. Pugh is living, but moved from the county years ago.

1857-A. P. Catlin, Robert C. Clark, L. W. Ferris and John H. McKune. Catlin and Clark were also Senators. A sketch at length is given of Judge McKune elsewhere. Ferris has not lived here for a long time. He was in business here in early days.

1858-R. D. Ferguson, Charles S. Howell, James E. Sheridan and Moses Stout. Ferguson for many years conducted a horse market in this city. He went to Nevada and was a member of the Legislature of that State in 1868. He then went to Arizona, and we believe died there a few years ago. Sheridan was a farmer near Georgetown, and died on his farm October 12, 1872. Howell was a farmer, living this side of Walnut Grove, and was killed by the explosion of the steamboat. J. A. McClelland near Knight's Landing, August 25, 1861. Stout died on his farm in this county December 20, 1879.

1859-Dr. R. B. Ellis, A. R. Jackson, James E. Sheridan and Dr. Charles Duncombe. Jack- son was a prominent school teacher. He died at San Francisco, Angust 30, 1876. Ellis prac- ticed medicine here at that time. He removed to Nevada about 1861, and died at Carson abont eleven years ago. His son, A. C. Ellis, who now resides at Carson, is second to no man in that State as a lawyer. He ran for Congress two times on the Democratic ticket, but was de- feated, the State being largely Republican. The

HISTORY OF SACRAMENTO COUNTY.

mother of the younger Ellis is a sister of At- torney-General Marshall. Duncombe was once a member of the City Council. His election gave rise to a novel contest in the Assembly, and one which is often cited in the Legislature in election cases. The Doctor was born in Con- nectient, and about 1817 removed to Canada. A couple of months afterward he was elected to the Colonial Parliament, and took an oath of allegiance to the then English King. He was afterward denounced as a rebel and fled to the United States in 1837, but was never natural- ized here. His seat in the Assembly was con- tested on the ground that he was not a citizen, and on January 22, 1859, the House declared the seat vacant. A special election was called, and on February 19 Duncombe was again elected by a large majority. On the 14th he had been admitted to citizenship under the act of 1795. His seat was again contested on the ground that he had not been a citizen for the constitutional period at the time of his election, and on March 8 the House again declared the seat vacant. Sacramento County, therefore, had but a partial representation during the session. Duneombe died at Hicksville, October 1, 1867.

1860-Dr. R. B. Ellis, L. C. Goodman, Henry Starr and D. W. Welty. Goodman was once Supervisor and afterward removed from here. Starr is still a practicing attorney here. See sketch in full in the biographical department. Welty removed to Nevada, then returned and practiced law at Sacramento, and now resides in Oregon.

1861-Amos Adams, Charles Crocker, N. Greene Curtis and Dr. Joseph Powell. Adams, then a farmer, afterward became prominently connected with the Granger Society, and is now a resident of San Francisco. Crocker, then a dry-goods merchant, afterward acquired a na- tional reputation as one of the builders of the Central Pacific Railroad. He was at one time a city councilinan. His death occurred at Mon- terey, August 14, 1888. Powell then practiced medicine at Folsom. He died at that place November 27, 1869.

1862-W. H. Barton, John E. Benton, James B. Saul, James H. Warwick and R. D. Fergu- son. Barton has been president of the New Liverpool Salt Company in San Francisco for many years. It is one of the largest enterprises on the coast. Benton was also a Senator. Saul removed to Yolo County, where he managed a large fruit ranch, and died at Davisville, Octo- ber 30, 1881. Warwick, an actor of ability, and a brilliant orator, has not been here for many years.

1863 -- Amos Adams, W. H. Barton, Morris M. Estee, James H. Warwick and Dr. Charles Duncombe. Estee served here as district attor- ney in 1864-'65. He ran for Governor on the Republican ticket in 1882, and was defeated by Stoneman. He was chairman of the late Na. tional Republican Convention. He resides in Napa, and is engaged in grape-growing and the practice of law.

1863-'64-Alexander Badlam, William B. Hunt, John P. Rhodes, Francis Tukey and J. R. Watson. Badlam, in connection with John Simpson, M. M. Estee, H. C. Bidwell and others, published a newspaper called the Evening Star for about three months, from May 25, 1864. He afterward removed to San Francisco, and was there elected assessor. He was defeated for reëlection on a "cold day" in 1882. Hunt kept the French Hotel on Second street for many years, and was chief engineer of our Fire De- partment. Was an Assemblymen from San Francisco in 1885. When he represented this county he was known as " the Sacramento States- man." Rhodes was a fariner on the Cosnmnes, and died on his farm December 20, 1866. Tukey was marshal of Boston at the time of the cele- brated Webster-Parkman murder. He was city school superintendent in 1855, and died on his farm near this city November 23, 1867. Watson was for many years purchasing agent of the Central Pacific Railroad Company, and super- intendent of the Railroad Hospital, and lives here.

1865-'66-Thomas Hansbrow, Dwight IIol- lister, Peter J. Hopper, William B. Hunt and

HISTORY OF SACRAMENTO COUNTY.

J. B. Maholmb. Hansbrow was in business here for years; was at one time a supervisor, and died on August 31, 1868. Hollister is a farmer and fruit-grower near Courtland. He was once supervisor. Hopper was a newspaper publisher and lawyer at Folsom, then moved here, where he died July 22, 1883. Maholmb was then a farmer on the Cosumnes, but now lives in San Francisco.

1867-'68-Marion Biggs, Paschal Coggins, A. Comte, Jr., Bruce B. Lee and Charles Wol- leb. Biggs now lives in Butte County, at the town of Biggs, which was named after him. He was a member of the late Constitutional Con- vention, and is at present a member of Congress. Coggins was for many years local editor of the Union, and was a member of the City Board of Education, but drifted away from here, shot himself in the head in San Francisco, and died from the effects of the wound on November 18, 1883. Comte was also a Senator. Lee is a son of Barton Lee, one of our prominent pioneer merchants. He was subsequently harbor com- missioner, and now lives in Tehama County, where he is engaged in the insurance business. Wolleb was secretary of the Germania Building and Loan Association for years. He died at Fruitvale, Alameda County, December 21, 1883.

1869-'70-James A. Duffy, Isaac F. Free- man, M. S. Horan, John A. Odell and R. D. Stephens. Duffy was also a Senator. Freeman farms at Elk Grove. See his sketch elsewhere, found by the index. Horan was afterward po- lice judge, and is now practicing law at San Francisco. Odell died at Folsom, May 29, 1881. Stephens is at present, postmaster of this city, and was recently elected a trustee of the State Library by the Legislature.

1871-'72-C. G. W. French, Dr. Obed Har- vey, Peter J. Hopper, William Johnston and E. B. Mott, Jr. French practiced law at Folsom and here for many years. President Hayes ap- pointed him Chief Justice of Arizona, and he held that office until a short time ago. Harvey formerly lived in El Dorado, and at one time was a State Senator from that county. He has

resided at Galt for many years. Johnston was also a Senator. Mott was for many years a member of the firm of Gillig, Mott & Co., doing business here and in Virginia City. Afterward he was connected with the Pacific Mutual Life Insurance Company, and died here April 4, 1882.

1873-'74 James N. Barton, W. E. Bryan, Paschal Coggins, Reuben Kercheval and P. H. Russell. Barton removed to Humboldt County, and was a member of the last Constitutional Con- vention. Bryan is a farmer, still residing in this county. Kercheval owned a magnificent fruit ranch at the head of Grand Island, and there died on May 9, 1881. Russell for many years has been in the grocery business on J street, and at one time was a supervisor.

1875-'76-Marion Biggs, Jr., Thomas J. Clunie and A. D. Patterson. Biggs is a son of the former Assemblyman of the same name, and is now a prominent farmer in Butte County. Clunie is a member of Congress from San Fran- cisco. Hle also represented that city in the State Senate. He was a delegate to the Democratic National Convention of 1884. Patterson was sheriff in 1852 and 1853, and lived for many years at Patterson's Station, on the Sacramento Valley Railroad, where he died December 4, 1884.

1877-78-Grove L. Johnson, Reuben Ker- eheval and Joseph Routier. Johnson and Ron- tier were also Senators.

1880-Elwood Bruner, Seymour Carr and John N. Young. Bruner and Young have both been members of the Board of Education. Bru- ner has been the State Grand Master of Odd Fellows, and is at present district attorney. Young is practicing law in San Francisco. Carr is a farmer near Clay Station. He has been a justice ot the peace.

1881-John E. Baker, W. C. Van Fleet and J. N. Young. Baker served as a soldier during the war, was a farmer down the river, and died in this city May 2, 1881. See sketch of Judge Van Fleet elsewhere.

1883-Gillis Doty, Hugh M. La Rue and Frank D. Ryan. Doty is a farmer near Elk

HISTORY OF SACRAMENTO COUNTY.

Grove. La Rue came here in 1850, ran for sheriff in 1867 and was defeated; was elected to that office in 1873; was a member of the last Constitutional Convention; was speaker of the Twenty-fifth Assembly; was a delegate to the National Democratic Convention of 1884, and has been for years a director of the State Agri- cultural Society. He is engaged in farming, but lives in the city. Ryan's sketch appears elsewhere.

1885-Winfield J. Davis, Charles T. Jones and Dwight Hollister. Davis has been the official reporter of the courts of this county since

1874. See the biographical departinent of this work for further particulars concerning his life. Jones served several terms as district attorney ; was elected an alternate elector in 1888; and is now in law practice here.

1887 -- H. W. Carroll, L. S. Taylor, and Sey- mour Carr. Find Carroll's and Taylor's sketches by the index.

1889-W. M. Petrie, E. C. Hart and L. H. Fassett. A biography of Petrie appears else- where. Hart has been city attorney; and Fas- sett has served as a member of the Board of Supervisors.

HISTORY OF SACRAMENTO COUNTY.

THE BENCH AND THE BAR.

CHAPTER IX.

THE BENCH.

NDER Mexican rule the Government of California was conducted under the laws of March 20 and May 23, 1837, and those laws were observed, on the acquisition of the country by the United States, until the organi- zation of the State Government. Those laws provided for the selection of alcaldes, whose dnties were to care for good order and public tranquillity, to see that police regulations, laws and decrees were enforced, to provide for the ap- prehension of criminals, and in come cases to impose fines and imprisonment upon malefac- tors. There were also justices of the peace, who served as municipal and judicial officers. There was in the Territory a Superior Tribunal, con- sisting of four judges and an Attorney-General, which had the general reviewing of cases tried before inferior courts. There were also Courts of " First Instance," in which cases, both crim- inal and civil, were originally brought.

The first Legislature of the State, by an act passed March 16, 1850, divided the State into nine judicial districts, and constituted the counties of Sacramento and El Dorado the Sixth Judicial District. Afterward the counties of Sacramento and Yolo composed that district, and it so existed until the taking effect of the constitution of 1879, which abolished that court.

The same Legislature, by an act passed on

the 13th, 1850, created a County Court in each county, and by an act approved on the 11th of that month, the Court of Sessions was created, to be composed of the county judge and two justices of the peace, who were to serve as as- sociate justices. The latter were chosen by the justices of the peace of the county. That court had jurisdiction in cases of misdemeanor, and also exercised functions now performed by the Board of Supervisors, such as the supervision of claims against the county, the management of roads, etc. Subsequently the Court of Ses- sions was abolished, and its jurisdiction vested in the County Court. Its legislative and super- vision powers were transferred to the Board of Supervisors. The present State constitution abolished all these courts, and provided for the organization of a Superior Court in the county with two departments, and two judges, with civil and criminal jurisdiction .:

In the latter part of Angust, 1849, General B. Riley, Acting Military Governor of Cali- fornia, appointed James S. Thomas judge of the Court of First Instance, with civil jurisdic- tion. He appointed W. E. Shannon judge of the Court of the First Instance, with criminal jurisdiction. On the 2d of September, 1849, Thomas entered upon the duties of his office. A suit was instituted for the recovery of money. A summons was made returnable the same day

HISTORY OF SACRAMENTO COUNTY.

at 4 o'clock, at which time judgment was en- tered, and execution ordered. This gives some idea of the rapidity with which business, even of a judicial character, was transacted at that early period of Sacramento's history. On the 3d of September, Judge Thomas appointed J. P. Rogers clerk of his court. The latter gen- tleman served in that capacity till the 19th of November following, whereupon James R. Law- rence was appointed. He continued to the 27th of December, at which time Presley Dunlap was appointed to the position.

Judge Shannon opened his conrt for criminal business in September, 1849. R. A. Wilson was appointed clerk, and S. C. Hastings-after- ward Chief Justice of the Supreme Court of the State and subsequently Attorney-General -- acted as prosecuting attorney. D. B. Hanner, who had been elected sheriff by the people in their primary capacity, attended both the civil and criminal courts. The first case before Judge Shannon was a prosecution against a party for stealing a cow from Samuel Norris. During the trial, defendant's counsel objected to the proceedings because they were not in conformity with the constitutional provision guaranteeing to every party accused of high crime, that be- fore he can be put upou trial he must have been indicted by a grand jury of his countrymen. The court held that inasmuch as the defendant had not raised the question in the beginning of the case he was deemed as waiving his right, and that the trial innst proceed. The defendant was found guilty and fined $200 and costs, which amounted to $515-rather costly beef.

About December 1, 1849, R. A. Wilson snc- ceeded to the bench, vice Shannon deceased. On January 11, 1850, he appointed A. J. McCall clerk of his court for Sacramento, and on Jann- ary 26 he appointed Stephen J. Field-now a justice of the Supreme Court of the United States-clerk of his court, to reside at Marys- ville. During the time Sacramento was flooded that winter, Wilson held his court at Marys- ville. The two courts alluded to did the jndi- cial business of the district, both civil and erim-

inal, until the organization of the Judiciary under the State constitution, May 20, 1850.

The first district judges were elected by the Legislature March 30, 1950, and James S. Thomas was elected judge of the Sixth Jn- dicial District. He resigned November 9 fol- lowing. Tod Robinson was appointed by the Governor to succeed him on January 2, 1851, and assnmed office on the 8th. Ferris Forman succeeded Robinson by appointment on August 13, 1851; and on September 15, the same year, Lewis Aldrich assumed the office. He resigned November 19, 1852, and A. C. Monson was appointed by Governor Bigler on November 26, 1852. He took office on the 1st of December of that year. Monson had been elected at the general election on November 2, 1852. He resigned August 17, 1857, and Governor John- son, on the 3d of September, appointed Charles T. Botts to succeed him. At. the general elec- tion, held September 1, 1858, John H. McKune was elected, and was re-elected October 21, 1853. On October 20, 1869, Lewis Ramage was elected, and October 20, 1875, Samuel C. Denson was elected. He served until the new constitution, abolishing the court, took effect.

Thomas, after his resignation, returned to the East, and died at St. Louis in 1857 or 1858. Robinson, who was a prominent mem- ber of the bar, and who belonged to a family of distinguished lawyers, died in San Mateo Connty, October 27, 1870. Forman was after- ward Secretary of State, and is now living in the East. Aldrich died at San Francisco, May 19, 1885. Monson removed East, and is still living. Botts was a brother of John Minor Botts. He had been a member of the first Constitutional Convention of the State, and was afterward State printer. He died in San Fran- cisco, October 4, 1884. McKune is still in the law practice here. Ramage removed to Kansas City and died there February 14, 1879. Denson was afterward elected superior judge of the county, and resigned that office and is now in law practice in this city. A sketch of his life appears on a subsequent page.

HISTORY OF SACRAMENTO COUNTY.

As we have stated, the Court of Sessions was composed of the county judge and two associates. The latter were elected by a con- vention of the justices of the peace, held on the first Monday of October of each year-except the first convention, which was held May 20, 1850. C. C. Sackett and Charles H. Swift were then elected associates. The associates held office for two years. On November 27, 1850, the county treasurer resigned, and Swift was appointed to fill the vacancy. James Brown was elected associate in his stead, and assumed the duties of his office February 7, 1851. On Angust 14 following, D. D. Bullock succeeded Brown. The last meeting of the Court of Ses- sions was held July 6, 1862.

The following is a list of the subsequent judges of the court from October, 1851, to October, 1862:

E. J. Willis, Judge; George Wilson and James R. Gates Associates.

1852-'53-E. J. Willis, Judge; he resigned November 18, and John Heard was appointed. Jaines R. Gates and J. T. Day were Associates.

1853-'54-John Heard, Judge; Gilbert M. Cole and D. H. Taft, Associates.

1854-'55-John Heard, Judge; H. Lock- wood and B. D. Fry, Associates.

1855-'56-John Heard, Judge; S. N. Baker and C. C. Jenks, Associates.

1856-'57-Same.

1857-'58-Robert Robinson, Judge; C. A. Hill and Peter Bross, Associates.

1858-'59-Robert Robinson, Judge; James Coggins and W. B. Whitesides, Associates.

1859-'60-Robert Robinson, Judge; James Coggins and Hodgkins, Associates.

1860-'61-Robert C. Clark, Judge; James Coggins and George Cone, Associates.

1861-'62-Robert C. Clark, Judge, George Cone and W. W. Crouse, Associates.

After the abolishment of the Court of Ses- sions, Judge Clark continned county judge, successively elected to that office and occupied it until the abolishment of the County Court by the operation of the new constitution. The

County Court also exercised the functions of a Probate Conrt.

Willis left here and returned to the East in early days. Wilson died in one of the north- ern counties of this State a number of years ago. Day died recently. Heard still lives here. Jenks removed to Oakland, and has held public offices there. Robinson is still a resident of Sacramento. Coggins died a number of years ago. Cone was afterward a member of the State Legislature from this county. Clark had been a Senator and Assemblyman, and after the abolishment of the County Court was elected, with Denson, a judge of the Superior Court, and held the office until the time of his death.

At the first election under the new constitu- tion, September 3, 1879, Samuel C. Denson and Robert C. Clark were elected judges of the Superior Court. Judge Denson resigned De- cember 16, 1882. and on the 18th Governor Perkins appointed Thomas B. McFarland to fill the vacancy. The latter was elected by the people to succeed himself at the general election held November 4, 1884; and at the general election held November 2, 1886, McFarland was elected one of the justices of the State Sn- preme Court. He resigned the office of supe- rior judge, and Governor Stoneman, on Decem- ber 31, 1886, appointed John W. Armstrong to the office. At the general election held in No- vember, 1888, Armstrong was elected to snc- . ceed himself, and is now serving on the bench.

Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.

Author: Davis, Winfield J., 1851- 4n Publication date: 1890 Publisher: Chicago : Lewis Pub. Co. Number of Pages: 916

Author: Davis, Winfield J., 1851- 4n
Publication date: 1890
Publisher: Chicago : Lewis Pub. Co.
Number of Pages: 916