USA > California > Sacramento County > History of Sacramento County, California, with biographical sketches of the leading men and women of the county who have been identified with its growth and development from the early days to the present, 1913 > Part 26
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About December 1, 1849, R. A. Wilson succeeded to the bench, vice Shannon, deceased. On January 11, 1850, he appointed A. J. McCall clerk of his court for Sacramento, and on January 26th he appointed Stephen J. Field clerk of his court, to reside at Marysville. Mr. Field was afterwards supreme justice of the state of California, and associate justice of the supreme court of the United States. During the time Sacramento was flooded that winter, Wilson held his court at Marysville. The two courts alluded to did the judicial busi- ness of the district, both civil and criminal, until the organization of the judiciary under the state constitution, May 30, 1850.
The first district judges were elected by the legislature March 30, 1850, and James S. Thomas was elected judge of the sixth judicial district. Ile resigned November 9th following. Tod Robinson was appointed by the governor to succeed Judge Thomas January 2, 1851, and assumed office upon the eighth day of the same month. Ferris Forman succeeded Robinson by appointment on August 13, 1851; and in September of 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. Judge Monson took office on the first of December of that year. Monson had been elected at the general election on November 2, 1852. He resigned August 17, 14
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1857, and Governor Johnson, on the 3rd of September, 1857, appointed Charles T. Botts to succeed him. At the general election held Sep- tember 1, 1858, John H. McKnne was elected, and was re-elected October 21, 1863. On October 20, 1869, Lewis Ramage was elected, and on October 20, 1875, Samuel C. Denson was elected. Judge Den- son served until the new constitution, abolishing the office, took effect.
Judge Thomas, after his resignation, returned to the east, and died at St. Lonis, in 1857 or '58. Robinson, who was a prominent member of the bar and belonged to a family of distinguished lawyers, died in San Mateo county, October 27, 1870. Forman was afterwards secretary of state. Judge Aldrich died at San Francisco, May 18, 1885. Judge Monson moved east, and died there. Judge Botts was a brother of John Minor Botts. He had been a member of the first constitutional convention of the state and was afterwards state printer. He died in San Francisco, October 4, 1884. Judge Ramage removed to Kansas City, and died there, February 14, 1879. Judge Denson was afterwards elected superior judge of Sacramento county, resigned that office, and is now engaged in the active practice of the law in San Francisco.
As has been stated, the court of sessions was composed of the connty 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 August 14th following, D. D. Bullock succeeded Brown. The last meeting of the court of sessions was held July 6, 1862. The following is a list of the subsequent judges of the court from October, 1851, to October, 1862:
1851-E. J. Willis, judge; George Wilson and James R. Gates. associates.
1852-53-E. J. Willis, judge; he resigned November 18th, and John Heard was appointed. James R. Gates and J. T. Day were associates.
1853-54-John Heard, judge; H. Lockwood and B. D. Fry, asso- ciates.
1855-56- John Heard, judge; S. N. Baker and C. C. Jenks, asso- ciates.
1856-57-Same.
1858-59-Robert Robinson, judge; James Coggins and W. B. Whitesides, associates.
1859-60-Robert Robinson, judge; James Coggins and Hodgkins. associates.
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1860-61- Robert C. Clark, judge.
1861-62-Robert C. Clark, judge; James Coggins and George Cone, associates.
After the abolishment of the court of sessions Judge Clark continued county judge, was 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 func- tions of a probate court.
Judge Willis left Sacramento and returned to the east in early days. Wilson died in one of the northern counties of this state a number of years ago. Judges Day and Heard are dead. Judge Jenks removed to Oakland and held public office there. Judge Coggins died a number of years ago. Judge Cone was afterwards a member of the state legislature from this county, and is now dead. Judge Clark has been a senator and an assemblyman, and after the abolishment of the county court was elected, with Judge Denson, a judge of the superior court and held office until the time of his death.
At the first election held under the new constitution, September 3, 1879, Samuel C. Denson and Robert W. Clark were elected judges of the superior court of the county of Sacramento. Judge Denson resigned December 16, 1882, and on the 18th day of the same month, 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, Judge McFarland was elected one of the justices of the state supreme court. He resigned the office of superior judge, and Governor Stoneman, on December 31, 1886, appointed John W. Armstrong to the office. At the general election held November 6, 1888, Armstrong was elected to succeed himself, and has been dead for some years.
Judge Clark died January 27, 1883, and Governor Stoneman ap- pointed John W. Armstrong to succeed him. At the general election held November 4, 1884, W. C. Van Fleet was elected for the full term. In 1890 A. P. Catlin and W. C. Van Fleet became judges of the superior court. Then came Catlin and Matt F. Johnson, Judge Van Fleet having become a member of the supreme court. In 1895 a third court was created by the legislature, and Governor James H. Budd appointed Add C. Hinkson as the judge thereof. Judge Hinkson died in this city in July, 1911. At the next election, J. W. Hughes and E. C. Hart, with Judge Matt F. Johnson, were elected. Judge John- son died during his term, and Governor Budd appointed Peter J. Shields in his place. The bench then consisted of Hughes, Hart and Shields. Judge Hart became a member of the appellate court, third district, and Governor Pardee appointed C. N. Post to the vacancy thus created. At the succeeding election Judges Post, Shields and Hughes were elected, and are now on the bench.
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Courts in the early days were very ernde affairs in their manner of adjudicating the rights of litigants. Justice's courts are proverbial at times for their quaint way of administering justice. It is before one of these august tribunals that we recall a case that occurred at Mormon Island in this county in 1851, in which A. P. Catlin perpe- trated a great trick upon S. W. Sanderson, a young attorney of Coloma, Eldorado county. It seemed that Sanderson's elients were working an old river bed, and constructing a dam for that purpose. Catlin desired to stop this work, and conceived the idea of hoodwink- ing the old justice of the peace to grant an injunction to stop the work. Acting upon the thought, he gravely proceeded to secure an injunction and had it served and enforced. Sanderson was sent for, and came before the justice armed with books and authorities and tried to con- vince him that he had no jurisdiction of such cases, and appealed to Catlin not to impose on the court. Catlin looked wise and approvingly of the court's procedure, which made the old justice obdurate, and he stnek to his injunction. Sanderson left for the county seat in a tow- ering rage to secure proper relief, but before he could secure the same the object Catlin had in view had been accomplished by the justice's injunction.
It may not be generally known, that in the early history of Cali- fornia other crimes than murder were, by statute, made punishable by death, but such is the fact. On the 14th day of April, 1852, George Tanner was tried in the court of sessions of Yuba county for the crime of grand larceny, in having stolen flour, potatoes, etc., of the value of $400. The verdict of the jury was "guilty of grand larceny, punishable with death." The defendant appealed to the supreme court, which affirmed the judgment, and the prisoner was executed July 13, 1852. Chief Justice Murray delivered the opinion of the court and evidently did not concur with the principles of law, for after setting forth the statute, he used the following language: "It is not our purpose to discuss the policy of this law, although we regret that our legislature has considered it necessary to thus retrograde, and in the face of the wisdom and experience of the present day, resort to a punishment for a less crime than murder, which is alike disgusting and abhorrent to the common sense of every enlightened people."
In connection with the reference to Paschal H. Coggins, the fol- lowing novel case is quoted: A remarkable case of mistaken identity was recently related by attorney Paschal H. Coggins before the Medical Jurisprudence Society in Philadelphia, as having come under his personal observation. Two men-John A. Mason, of Boston, and John A. Mason, of Illinois-left their respective homes and went to California in search of health and wealth. They were both wagon- makers. One left a wife and two sons in Boston, and the other a wife and two danghters in Illinois. The Boston wife heard nothing of her
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husband after three years' absence, and twenty years later heard of the death of John A. Mason, a wagon-maker. She brought suit for his property, his photograph was identified by twenty witnesses, but at the last moment the Illinois wife turned up and proved that the man was her husband, and the later developments showed that the Boston pioneer died alone and friendless .- N. Y. Graphic.
Upon this the Themis comments as follows: "The Coggins re- ferred to was a resident of this city, and at one time a law partner of Creed Haymond. He was also a justice of the peace here, married a daughter of one of our pioneer citizens, and afterward removed to Philadelphia, where he has since resided. He is a son of Paschal Coggins, at one time one of the editors of the Sacramento Union, and who represented this county two terms in the assembly. Coggins Sr., ran for congress against II. F. Page in 1872, on the Independent ticket. The case referred to was that of Supervisor John A. Mason, of this city. It was certainly one of the most remarkable cases that ever came up in court, but the statement in the Graphic is not strictly correct. The case was tried before the late Judge Clark. In the contest Haymond and Coggins appeared for the lady contestant, and the late George Cadwalader and W. A. Anderson for the will. It was developed that there were two John A. Masons; that they fol- lowed the same trade-carriage making; and that they came to Cali- fornia about the same time; one, however, by steamer, and the other overland. By a strange coincidence the Mr. Coggins referred to was a passenger on the same steamer with the Mason who came by sea, and he was referred to in the printed passenger list as an "infant." It further developed that the two Masons worked at their trades in the same block in Sacramento city-Third street between I and J. After the death of Supervisor Mason, his sons, grown men, applied for letters on his estate; their issnance was contested by a lady and two grown daughters, who claimed to be the wife and offspring of Mason. There is no doubt that the contest was in good faith and that the lady believed that the deceased was her husband. The testimony, however, developed that there must have been two John A. Masons, and that the husband of the lady contestant had, like many other of the Cali- fornia argonauts, disappeared long years ago. It was strange that the photographs of Supervisor Mason were identified by his mother and other relatives in Massachusetts, and that the same pictures were identified by prominent citizens of Illinois as being the other Mason. Judge Clark held against the contestants, but said that there was no doubt of the good faith of their contest."
ATTORNEYS WHO HAVE CROSSED THE DARK RIVER
Gen. Il. W. Halleck; A. C. Peachy; Billings; Hnm- phrey . Griffith; E. B. Crocker; William S. Long; John Hereford; Al. Hereford; E. J. C. Kewen; John H. Hardy; Hal Clayton; B. F.
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Ankeny; James H. Ralston; F. S. Mumford; Col. E. D. Baker; Henry Meredith; Judge Silas W. Sanderson; Col. J. C. Zabriskie; P. W. S. Rayle; John R. McConnell; Daniel J. Thomas; Judge A. C. Monson; Gregory Yale; John C. Burch; Judge Charles T. Botts; D. R. Sample; Theron Reed; Judge Lewis Aldrich; George H. Cartter; Tod Robinson; Robert Robinson; J. B. Harmon; R. H. Stanley; William H. Weeks; Thomas Sunderland; Milton S. Latham; Frank McConnell; Edward Sanders; Judge W. C. Wallace; Judge W. T. Wal- lace; Morris M. Estee; Judge Robert F. Morrison; Murray Morrison; Col. L. Sanders; George W. Bowie; William I. Ferguson (killed in a duel by George Pen Johnston) ; J. Neely Johnson (once Governor) ; William Neely Johnson; John G. Hyer; Ferris Forman; Horace Smith; Philip C. Edwards (a pioneer of 1836) ; Thomas C. Edwards; Henry Hare Hartley; George R. Moore; D. W. Welty; Harris C. Harrison; James E. Smith; Judge Lewis Ramage; Joseph S. Wallis; F. II. Moore; Henry K. Snow; Henry C. McCreery; Judge Robert C. Clark; Judge John Heard; M. C. Tilden; Henry Edgerton; W. B. C. Brown; James C. Goods; Presley Dunlap; James W. Coffroth; George Cadwalader; J. G. Severance; George A. Blanchard; J. C. Tubhs; Ed. F. Taylor; Joseph W. Winans; Samuel Cross; Judge H. O. Beatty; G. W. Spaulding; S. L. Rogers; N. Greene Curtis; W. T. Hinkson; W. P. Harlow; W. B. G. Keller; Judge Matt F. Johnson; Judge A. P. Catlin; Judge John H. McKune; James L. English; Charles A. Waring; Peter J. Hopper; Judge C. G. W. French; Thomas Conger; Thomas W. Gilmer; Peter Hannon; I. S. Brown; W. R. Cantwell; Thomas J. Clunie; Henry Starr; Judge Add C. Ilinkson; George G. Davis; A. C. Freeman; Henry C. Ross; Jay R. Brown; Judge Thomas B. McFarland; Albert M. Johnson; Edward Dwyer; Alvin J. Bruner ; Creed Haymond; A. L. Ilart; L. S. Taylor; F. D. Ryan; Jnd C. Brusie; J. P. Counts; James B. Devine; Isaac Joseph; W. S. Mesick; Ed. M. Martin; Henry L. Buckley.
ATTORNEYS NOW PRACTICING IN SACRAMENTO
W. A. Anderson (ex-police judge) ; Eugene Aram; J. W. Adams; Frank F. Atkinson; C. W. Baker; Charles M. Beckwith; J. J. Bauer; C. H. S. Bidwell; Charles O. Busick; Charles A. Bliss; Hugh B. Bradford; J. W. S. Butler (Butler & Swisler) ; J. Frank Brown; John Q. Brown; W. J. Carragher; Thomas B. Christianson; J. D. Cornell; R. M. Clarken; Charles H. Crocker; H. C. Cline; S. W. Cross; J. S. Daly; A. A. DeLigne (DeLigne & Jones) ; H. S. Derby; W. H. Devlin ; R. T. Devlin; Alfred Dalton, Jr .; S. W. Downey (Downey & Pullen) ; P. S. Driver; B. F. Driver; C. H. Dunn; C. A. Elliott; W. F. George, L. J. Hinsdale (George & Hinsdale); W. A. Gett; Green & Smith; Charles B. Harris, John C. March (Harris & March) ; A. L. Hart, Jr .; S. H. Hart; Joseph E. Pipher, J. V. Hart (Hart & Pipher) ; L. T. Hat- field; Victor L. Hatfield; C. C. Holl, S. S. Holl (Holl & Holl) ; O. G.
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Hopkins; S. Luke Howe; W. S. Howe; W. B. Howard; Hume & Art; J. R. Hughes, Hugh B. Bradford (Hughes & Bradford) ; J. M. Inman ; John B. Insh; H. E. Johnstone; J. Charles Jones; P. H. Johnson (Johnson & Lemmon) ; John W. Johnston; Grove L. Johnson; C. T. Jones; S. H. Jones; R. T. McKisick, W. E. Kleinsorge (Kleinsorge & MeKisick) ; W. A. Latta; T. B. Leeper; A. H. McCurdy; Meredith & Landis; C. F. Metteer; W. T. Phipps; W. B. Pittman; R. Platnauer ; J. F. Pullen; J. O. Prewett; W. F. Renfro; A. B. Reynolds; A. M. Seymour; Shelly, Hoag & Leeper; A. L. Shinn; C. G. Shinn; C. Simon; E. A. Sloss ; Albert D. Smith; E. G. Soule; H. G. Soule; H. H. Sydenham; C. E. Swezy; A. R. Tabor; C. W. Thomas, Jr .; J. C. Thomas; M. S. Wahrhaftig; B. G. White; Clinton L. White, Arthur E. Miller, C. E. MeLaughlin (White, Miller & Mclaughlin) ; Archibald Yell (Seymour & Yell) ; Martin I. Welch; Z. F. Wharton.
CHAPTER XXVII MEMBERS OF THE SACRAMENTO BAR By Judge W. A. Anderson
If we should eliminate from our history the lawyer and what he has done, we would rob it of the greater part of its glory. Remove from our society today the lawyer, with the work that he does, and you will leave that society as dry and shiftless as the sands that sweep over Sahara. The lawyer is needed in the legislature, in con- gress ; every business man needs him ; in fact he is a necessary adjunct to every department of human life. Sacramento City had its great men in the past; great lawyers, great public men, great politicians. It makes very little difference whether a man's fame runs around the earth, or only goes to the limits of his residence. The world soon forgets even the most conspicuous fame. How many "immortals" have been totally lost to the memory of man. Think of the great men of the past of ancient Assyria, Babylon, Persia, Egypt, Judea, Greece, Carthage, Rome, who were great in their day, and whose names have not been written or spoken for two thousand years. It is the rare and lucky man who arises from the flood of oblivion. The man who seeks immortality strives against awful odds, but that is an instinct in human nature which prompts one to rebel against oblivion. In the few references made in this review, it has been my endeavor to rescue from oblivion some of the great geniuses who founded this state.
While Newton Booth never engaged in the active practice of the law, he was a member of the bar. He became governor of the state, and United States senator. Milton S. Latham was governor and United States senator. J. Neely Jolinson was governor; T. B. Mc- Farland was judge of the supreme court. Robert F. Morrison was
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chief justice of the supreme court; H. O. Beatty was judge of the supreme court of Nevada. E. B. Crocker was supreme court justice. and the founder of the Crocker Art Gallery, which was donated by his widow to the city and is now one of the chief public attractions. C. G. W. French was chief justice of the supreme court of Arizona. Hiram W. Johnson removed his practice to San Francisco, and is now governor of this state. Creed Haymond was code commissioner and framed our present codes; also was state senator and afterward chief counsel for the Southern Pacific Company, and died in San Francisco many years ago. He was one of the brilliant minds of the state. W. H. Beatty is now chief justice of the supreme court of California. W. C. Van Fleet is United States district judge at San Francisco. Robert T. Devlin until recently was United States district attorney and was at one time state senator from Sacramento. Cornelius Cole was congressman and United States senator. Col. E. D. Baker was United States senator from Oregon and was killed at Ball's Bluff as brigadier-general during the Rebellion.
H. W. Halleck was during the Civil war the commander-in-chief of the Union armies under President Lincoln.
Col. George W. Bowie, the law partner of A. P. Catlin, was, during the Civil war, a brigadier-general of volunteers and served on the border of Texas, Mexico and Arizona.
E. J. C. Kewen was one of the pioneer attorneys and an orator of distinction. He was a southern man by birth, and had all the fire and vim of that clime. Colonel Kewen was an intimate friend of William Walker, who attempted to form a republic at Nicaragua and was Walker's financial agent. He finally located at Los Angeles, and died there, November 25, 1879.
J. C. Zabriskie was the first city attorney of this city. He arrived in Sacramento in 1849 and later on was alcalde. In 1861 he removed to San Francisco, where he died, July 10, 1883.
John T. Carey was district attorney of Sacramento county, and was appointed United States district attorney by President Cleveland. He is now practicing law in San Francisco.
E. H. Heacock is now a resident of San Francisco, and has been for many years master in chancery of the United States courts.
S. W. Sanderson was judge of the supreme court and resigned to accept the position of chief counsel for the Central Pacific Railway Company.
Thomas J. Chunie was state senator and member of congress. Hc removed to San Francisco and continued the practice of law until the time of his death.
John K. Alexander was district attorney, and removed to Mon- terey and was for many years superior judge of that county.
James C. Goods was district attorney for two terms, and was considered one of the best criminal lawyers in the state.
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Judge Henry Hare Hartley was one of the leading lawyers of the state, and a man of the most polished manners.
George A. Blanchard, district attorney, afterwards superior judge of Colusa county, died on the threshold of a useful life; he was one of the bright minds of the profession, and a scholar and a courteous gentleman.
Frank D. Ryan, a native son and twice district attorney, also one of the board of commissioners of public works, also assemblyman, was one of Sacramento's finest products. No man held a higher place in the estimation of the public. It seemed like the cruelty of Fate to take him from earth at such an early time in his life, as he had but reached his prime when he died, in 1908.
S. Solon Holl, who died in July, 1913, was considered the dean of the Sacramento bar. His life was full of great incidents.
Grove L. Johnson, assemblyman, senator and member of congress, is among the active practitioners at the bar of the state, and has lost nothing of his vigor and persistence, and is as ready for a forensic encounter as he was wont to be in his younger days. No man has a higher standing at the bar than Hon. Grove L. Johnson. Mr. Johnson can be considered the Nestor of the bar.
Clinton L. White can also be recorded as one of the old leaders at the bar. Once our mayor, and a good one at that, he prides him- self upon his devotion to the practice of the honorable profession. His firm, White, Miller & MeLaughlin, stands foremost among the practitioners in this state.
Gen. A. L. Hart, at one time attorney-general of the state, was considered one of the best nisi prius lawyers on the coast. His un- timely death was a shock to the profession. No man held a higher place in the hearts of the members of the bar and the public.
Judge Add C. Hinkson, who for many years was city superin- tendent of schools, and superior judge, in 1912 answered the final roll call and crossed over the Dark River.
Tod Robinson, H. O. Beatty and J. B. Haggin were law partners in 1853, in this city. This partnership lasted about three years. Judge Beatty went to Nevada and was elected chief justice of the state. J. B. Haggin, one of the owners of the Haggin grant, resided in New York. Tod Robinson located at San Francisco.
George Cadwalader. a pioneer and in early days a merchant, in 1855 entered the law office of Col. Philip L. Edwards as a student of law. Mr. Cadwalader had a splendid practice and never sought any political office, although he took active part in party politics on some occasions. He also wrote some elegant verses. He removed to San Francisco in 1884, and lived but about one year thereafter. The supreme court reports contain the name of George Cadwalader in a multitude of actions. Robert T. Devlin and Clinton L. White were students under Mr. Cadwalader. During his student career, Clinton
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L. White wrote one of the ablest briefs in the matter of the estate of Thurston, involving some of the most intricate questions of law. The line of argument in the brief was adopted by the supreme court. The writer, W. A. Anderson, was an associate of George Cadwalader in the practice of the law for over thirteen years.
A. C. Freeman long enjoyed a national reputation as an author of law books. His advent into the practice of law was as deputy district attorney under James C. Goods. His first book was "A Treatise on Judgments;" later, a work on "Executions." He was the editor of the Bancroft-Whitney publications and editor of "Amer- ican Decisions." The career of A. C. Freeman was a great success. He located in San Francisco, and a few years ago crossed the "Great Divide," full of honors.
J. N. Young practiced law in this city for many years and then located in San Francisco, where he is now engaged in active practice.
Paschal H. Coggins commenced his career as an attorney at law in this city, served one term as township justice, and then located in Philadelphia, where he is now engaged in the practice of his profes- sion.
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