USA > California > San Joaquin County > Stockton > Statistical county directory of San Joaquin County Also embracing a directory of the city of Stockton, 1878 > Part 5
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On the eighth day of October, eighteen hundred and fifty-three, the patients were removed from rented quarters, on the corner of El Dorado and Market streets, to the then new Asylum building, now the south wing of the old building.
NUMBER OF ADMISSIONS, RECOVERIES, DEATHS, ETC.
The following table presents the number of admissions, recoveries, deaths, the number resident at the close of each year, annual increase and decrease, and ratio of recoveries and deaths, from the opening of the institution in 1851, to July 1st, 1877 :
Years.
Admissions. ..
Recoveries ..
Discharged Uncured ..
Deaths ..
Escaped ...
the Close of Each Year
Number
Increase ..
Decrease ...
Whole Number treated
to Admissions.
per cent. of Recoveries
the Number Treated
Per cent. of Deaths on
1851
13
6
1
6
6
13
46.15
7.69
1852.
124
50
6
10
62
56
130
40.32
7.69
1853
160
108
S
12
103
41
222
67.50
5.40
1854
202
150
13
21
134
31
305
74.00
6.89
1855.
214!
168
16
18
162
28
348
78.50
5.20
1856
210!
126
15
23
172
10
382
60.00|
6.02
1857
206
81
17
28
188
16
378
39.32
7.33
1858
244.
112
20
32
273
85
432
45.90
7.41
1859
276
112
22
49
370
97
549
40.58
8.91
1860
248
123
21
54|
10
417
47
618
49.59
8.73
1861.
198
154
34
33
14
416
1
615
77.77
5.36
1862
301
127
14
65
12
499
83
717
42.19
9.06
1863
252
105
17
47
12
583
84
751
41.67
6.26
1864
219
101
25
82
12
581
2
802
46.12
10.22
1865.
268
93
15
82i
27
632
51
849
34.70
9.66
1866 ..
279
131
13
62
12
693
61
911
46.95
6 81
1867.
313
125
14
89
9
769
761
1,006
40.00
8.80
1868
387
146
13
134
10
853
84|
1,156
37.73
11.59
1869
482
225
16
159
15
920
67
1,335
46.68
11.91
1870.
562
221
36
156
22
1,047
127
1,482
39.32
10.55
1871
523
245
36
176
23
1.090
43
1,570
46.84|
11.21
1872
506
240
33
188
12
1,123
33
1,596
47.43
11.78
1873
401
185
19
152
12|
1,15€
33
1,524
46.13
9.97
1874
524
209
46
178
23
1,224
68
1,680
39.88
10.59
1875
615
259
71
181
26
1,302
78
1,839
41.95
9.84
1876
414
252
60
172
18
1,214
88
1,716
61.26
10.03
1877
201
83
30
100
7
1,195
19
1,415
41.29
7.06
Totals.
8,342
3,937
630
2,304
276
1,305
110
---
Resident
at
..
..
لحممـ
51
SAN JOAQUIN COUNTY DIRECTORY.
The foregoing statistics show that eight thousand three hundred and forty-two patients have been admitted into the Asylum, of whom three thousand nine hundred and thirty-seven have recovered and been dis- charged ; six hundred and thirty have improved sufficiently to be dis- charged, or have been removed ; two thousand three hundred and four have died; and two hundred and seventy-six have successfully escaped.
RECENT IMPROVEMENTS.
During the year ending July 1st, 1877, the following improvements were made, as shown in the last report of the Superintendent :
The ground floors of the center building (male department) which had long been settling from the decay of the supporting timbers, have been repaired in a manner so radical and thorough, as to partake of the char- acter of new work. The rooms, also, have been whitened, painted, and some of them replastered ; and altogether this part of the Asylum has been so completely and carefully renovated as to put it in a better and more durable condition than when new.
But the most important as well as the most costly improvement has been made in the erection of the new water works. The old water works, as you are aware, were constructed of wood. A heavy trestle work, about fifty feet high, with a large wooden tank thereon, com- prised them, as far as any description for the present purpose is neces- sary. They were situated in the airing court where there are at times some three hundred patients. They were erected in eighteen hundred and fifty-eight, and hence had been standing nineteen years. The wooden trestle work had become so rotten and weak that there was danger of its falling, to the peril of the lives of the patients, and injury of the buildings within its reach. Early in the spring it was determined to build new water works of brick and iron. Satisfactory plans and specifications were made by Mr. Charles Beasley, architect, and in March (eighteen hundred and seventy-seven) the contract for their con- struction was awarded to S. L. Confer and H. E. Robbins, of Stockton, for the sum of three thousand three hundred and twenty dollars. The work was superintended by the architect, Mr. Beasley.
These works consist of a brick tower fifty-one feet high from the ground line, sixteen feet square at the base, and fourteen feet square at the top. The tower rests on a firm, smooth hard-pan covered with cement mortar. The walls at the base are three and a half feet thick, at the ground line, two and a third feet thick, and at the top one foot
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SAN JOAQUIN COUNTY DIRECTORY.
eight inches. The brick are hard burned, and laid in lime and cement mortar. At an elevation of thirty-five feet it contains an iron water tank eight feet in diameter, and twelve feet deep ; and at the top of the roof of the tower, at an elevation of fifty-one feet, there is another iron tank of eleven feet diameter, and nine feet deep. These are made of three-sixteenths C. No. 1 iron, and riveted with one-half inch rivets at a red heat.
The new water works were completed in May, the water being put in the tanks May nineteenth, eighteen hundred and seventy-seven. They are situated in the rear of the buildings, and outside the inclosures oc- cupied by the patients. They cost three thousand three hundred and twenty dollars, as per contract with Confer and Robbins, and in addi- tion one hundred and thirty-two dollars and eighty cents, the sum paid the architect and superintendent of construction, making the total cost three thousand four hundred and fifty-two dollars and eighty cents.
COST OF MAINTENANCE.
The Superintendent in his report expresses gratification at the finan- cial showing made during the past year. It appears from the Treasur- er's report that the quarterly estimates and the requisitions on the State Controller were less than the appropriations for the same periods. The cost of maintenance, during the year was forty-one cents per day for each patient. This, the Superintendent observes, is not merely the personal expense of each individual patient, independent of the general expense of the establishment, but is computed on the entire current expenditures of carrying on the institution, embracing salaries and main- tenance of physicians, wages and board of employes, ordinary repairs, etc., as well as all the patients themselves consume or have provided for them by the State. This is the lowest annual per capita ever reached in the Asylum.
BOARD OF DIRECTORS.
The Board of Directors of the Asylum consists of five members, as follows : Frank T. Baldwin, President, Stockton ; Robert Watt, Vice President, San Rafael; Caleb Dorsey, Stanislaus County; Frank Stew- art, Stockton; S. A. Holmes, Fresno County. Treasurer-William B. Austin, Stockton.
The regular meetings of the Board are held at the Asylum on the 10th, day of each month, unless the 10th falls on Saturday or Sunday, in which case the meeting is held on the Friday preceding the 10th.
53
SAN JOAQUIN COUNTY DIRECTORY.
-
OFFICERS .- G. A. Shurtleff, M. D., Medical Superintendent; W. T. Browne, M. D., and W. R. Langdon, M. D. Assistant Physicians; H. W. Taylor, Secretary; Thomas, Marshall, Assistant Secretary; W. M. Trivett, Apothecary; W. Stockwell, Supervisor; R. S. Bates, Steward; A. J. Langton, Assistant Steward; B. A. Hester, Porter.
The Courts of California
PRIOR AND SUBSEQUENT TO THE ADOPTION OF THE CONSTITUTION. THE COURTS AND JUDICIAL OFFICERS OF SAN JOAQUIN COUNTY. STOCKTON BAR.
PREPARED FOR THE STATISTICAL COUNTY DIRECTORY BY
A. VAN R. PATERSON. OF STOCKTON BAR.
The Treaty of Guadalupe Hidalgo, by which Upper California became a portion of the United States, was ratified May 30th, 1848.
It was expected by those residing in the territory thus acquired that Congress, at its session the following winter, would provide a new gov- ernment for California, to replace that which existed under Mexican rule. This, however, Congress failed to do, which failure left the peo- ple very much embarrassed to know what were valid laws, and who were duly authorized officers.
The Secretary of War appointed General Riley Governor of the Ter- ritory-not as military governor, which is usual under such circum- stances-but as the chief executive of the civil government as then ex- isting, The military government ended with the war between Mexico and the United States ; and the Mexican laws in force and operation at the time of the treaty, not inconsistent with the Constitution, laws, and treaties of the United States, were to be continued in force until changed by competent authority. The situation of California was very
54
SAN JOAQUIN COUNTY DIRECTORY.
different from that of Oregon in this respect : the latter had no laws to change or repeal, but California had a system of laws which, though crude and unfit for the government of the enterprising people, who were then rapidly coming in, had to be maintained and endured until repealed by Congress or a duly authorized territorial legislature. Congress hav- ing failed to organize any new territorial government, there was much uncertainty and fear as to the legality and power of the judicial tribunals claiming authority. A provisional legislature removed many of the officers of the Mexican government in California and filled their places with others whom they appointed.
The people seeing the danger, and fearing that much expensive litiga- tion and a general demoralization of property rights would follow such a state of affairs, prevailed upon General Riley to issue a proclamation advising an adherence and obedience to the laws and courts then in force and operation, at the same time advising what he understood to be the duly authorized tribunals, and calling for delegates to a constitutional convention to be held at Monterey, California, on Sept. 1st, 1849.
In this proclamation General Riley gives a summary of the organiza- tion of the government as then existing, which is as follows:
"It consists : 1st. Of a Governor, appointed by the supreme gov- ernment. In default of such appointment the office is temporarily vested in the commanding military officer of the department. The pow- ers and duties of the Governor are of a limited character, but fully de- fined and pointed out by the laws; 2d, a Secretary, whose duties and powers are also properly defined; 3d, a Territorial or Department Legislature, with limited power to pass laws of a local character ; 4th, a Superior Court (tribunal superior) of the Territory, consisting of four judges and a fiscal; 5th, a Prefect and Sub-prefects for each district, who are charged with the preservation of public order and the execution of the laws ; their duties correspond in a great measure with those of dis- trict marshals and sheriffs; 6th, a Judge of First Instance for each(10) district. This office is, by a custom not inconsistent with the laws, vested in the first Alcalde of the district; 7th, Alcaldes, who have concurrent jurisdiction among themselves in the same district, but are subordinate to the higher judicial tribunals; 8th, local Justices of the Peace; 9th, Ayuntamientos, or town councils. The powers and functions of all these officers are fully defined in the laws of this country, and are almost iden- tical with those of corresponding offices in the Atlantic and Western States."
55
SAN JOAQUIN COUNTY DIRECTORY.
The proclamation also called for the election of judges of the superior court ; prefects and sub-prefects ; judges to fill the vacancies in the of- fices of first alcaldes (or judges of the first instance) alcaldes, justices of the peace, and town councils. The Territory was at that time divided into four sections, each of which elected a judge of the superior court ; and each section was divided into judicial districts, each of which dis- tricts, elected a prefect and two sub-prefects. The districts comprising the first judicial section were : San Diego, Los Angeles, and Santa Bar- bara ; the Second : San Luis Obispo and Monterey ; third : San Jose and San Francisco ; fourth : Sonoma, Sacramento, and San Joaquin. The district of San Joaquin alone included all of the great valley south of the Sacramento district lying between the Coast Range and the Sierra Nevada. A special election was held pursuant to General Riley's proc- lamation, on the 1st day of August, 1849 ; the delegates assembled at Monterey, California, on the first day of the following month, and on October 10th, 1849, adopted the constitution which has since been the fundamental law of the State, with the exception of the amendments of Nov. 4th, 1856 and Sept. 3d, 1862.
THE COURTS UNDER THE CONSTITUTION.
Under the Constitution as originally adopted the judicial power of the State was to be vested in a supreme court, in district courts, in county courts, in justices of the peace, and in such inferior courts as the legisla- ture might establish in cities and towns. The county judges exercised jurisdiction over probate matters by authority of the legislature, until the constitutional amendment of 1862, which provided for probate courts. The Constitution which now provides for a supreme court, one chief jus- tice and four associate justices, originally called for a chief justice and two associates, who were to be elected at the first session of the legisla- ture by a joint convention of both houses. In accordance with this pro- vision, an election was held Dec. 22, 1849, when Hon. S. C. Hastings was elected Chief Justice, Hon. H. A. Lyons, First Associate, and Hon. Nathaniel Bennett, Second Associate. E. J. C. Kewen was elected At- torney General, and on Feb. 20th, 1850, E. H. Tharpe was elected Clerk of the Supreme Court. The legislature, on Feb. 19th, 1850 divided the State into nine judicial districts, and on March 30th, 1850, proceeded to elect judges for the several districts, with the following result :
1st District-San Diego and Los Angeles-O. S. Witherby. 2d District-Santa Barbara and San Luis Obispo-H. A. Teft.
56
SAN JOAQUIN COUNTY DIRECTORY .
3d District-Branciforte, Santa Clara, Contra Costa and Monterey- John H. Watson.
4th District-San Francisco-Levi Parsons.
5th District-Calaveras, Tuolumne, San Joaquin and Mariposa- Charles M. Creanor.
6th District-Sacramento and El Dorado-J. S. Thomas.
7th District-Marin, Sonoma, Nassa and Mendocino-Robert Hop- kins.
8th District-Yolo, Sutter and Yuba-N. R. Turner.
9th District-Butte, Colusa, Trinity and Shasta-W. Scott Sherwood.
The courts of first instance were continued in force and effect until the organization of the district courts, which took possession of all their records and jurisdiction of their actions ; and all writs which had been issued out of the courts of first instance were required to be returned to the district courts of the respective counties in the same manner as if the same had been issued out of said district courts. In some of the counties there had been no judge of first instance elected, and in the ab- sence of such judges the alcaldes had exercised their powers. The Act of Feb. 29th, 1850, not only abolished the old courts of the second in- stance and the third instance, but also transferred all the business of the courts of the first instance to the district courts, and suspended the pow- ers of alcaldes in counties having no courts of first instance, and trans- ferred the same to the district judges. General Riley in his summary of the old organization of the government, it will be noticed, says that the " Alcaldes have concurrent jurisdiction among themselves in the same district, but are subordinate to the higher judicial tribunals." What that concurrent jurisdiction comprised, seems to have been anything and everything that parties would bring before them-a sort of star-chamber, presuming jurisdiction where the same was not ex- pressly prohibited. All the appeals from the courts of the first instance and second instance pending when the Act of Feb. 28th, 1850 went into effect, and all the business of the courts of second and third instances, not then disposed of, was transferred and vested in the supreme court, and the jurisdiction and authority of the alcaldes were removed and suspended upon the election and qualification of the justices of the peace. By the same Act it was provided that the offices of all pre- fects, sub-prefects, regidors and syndics should be suspended and abol- ished as soon as the county judges and sheriffs of the different counties were elected and qualified. All appeals from the alcaldes' courts were
57
SAN JOAQUIN COUNTY DIRECTORY.
to go into the county courts as soon as the county judges were elected and qualified, instead of going to the prefects for final determination'; and all the records of deeds and mortgages, etc., which had been kept by the alcaldes, were turned over to the county clerks snd recorders. 'An Act was passed April 11th, 1850, providing for the organization of courts of sessions. These courts donsisted of the county judge and two associate justices chosen by the justices of the county from their own number. This court had jurisdiction throughout the county of all cases of assault, battery, breach of the peace, riot affray, petit larceny, and all cases of misdemeanor punishable by fine not exceeding five hundred dollars, or imprisonment not exceeding three months, or both. It was given jurisdiction also of such matters as are now controlled by the board of supervisors. Much difficulty and litigation arose in most of the counties out of the exercise by the court of sessions of jurisdic- tion over such matters, until March 20th, 1855, when a bill was passed providing for the establishment of boards of supervisors in all coun- ties not then having such tribunals, and conferring upon said boards jurisdiction in all cases of civil matters which had been exercised by the courts of sessions, and leaving the latter courts of criminal juris- diction only.
THE COURTS OF SAN JOAQUIN COUNTY-COURTS OF. FIRST AND SECOND IN- STANCE-UNCERTAINTY OF JURISDICTION-EARLY RECORDS.
The earliest records of the Courts of San Joaquin county, which we have been able to find, date back to October 8th, 1849, on which date there was entered in a book kept by the clerk of the court of first in- stance a very brief history of the case of Belisari Martinez vs. Dr. Jelley, brought from the court of second alcalde on appeal. We find from this earliest record, that at that time Hon. Geo. Belt was judge of the "Court of First Instance, District of San Joaquin, Alta California ;" J. G. Marshall, Sheriff ; S. Haley, Clerk ; and T. C. Van Buren, Dis- trict Attorney. The extent of the equity jurisdiction of this court is well illustrated in the following novel proceedings had in the above en- titled case, as shown by the minutes of the clerk :
" October 8th, 1849. Be it ordered and decreed that the plaintiff, Martinez, shall deliver or cause to be delivered to defendant, Dr. Jelly, the goods in question where agreed upon in the mines ; and also ac- count for all sales of mdse, there, the defendant to pay over to plaintiff
58
SAN JOAQUIN COUNTY DIRECTORY.
the sum of One Thousand Dollars ($1,000) freight money ; the costs of suit to be divided between the parties. S. HALEY, Clerk. By order of the judge."
It seems that subsequent transactions between plaintiff and defendant in regard to the goods in question, rendered the judgment of October 8th, an inequitable one, and they, therefore, " appeared in Court " to have their affairs re-adjusted. The minutes further show, by an entry made under the above on the same page :
"Nov. 15, 1849. The above parties appeared in this Court and re- ported the delivery of the goods in the mines. Defendant claimed dam- ages for non-delivery. After examining the account the Court decreed that Martinez should pay Jelley Six Hundred and Sixty-nine ($669) Dollars and costs."
The earliest criminal case of which any record is found, is the case of " The People of Upper California vs. John Tracy," wherein the defen- dant is charged with murder. The minutes of this case show the un- certainty then prevailing as to the jurisdiction and practice of the courts, and the validity of certain laws. It appears from the records that the District Attorney indicted the prisoner for murder, and arraigned him before the court for immediate trial, when counsel for the accused appeared and objected to the proceedings. The minutes show :
"The District Attorney read the following indictment and arraigned the prisoner for trial before the Court : To John Tracy : You are charged by the people of Upper California with the commission of the following crime, to wit : The willful murder of Dennis Mehon, by means of a pistol or revolver, on or about the 9th day of October, 1849, at Stockton, District of San Joaquin, U. S., and within the jurisdic- tion of this Court. Stockton, Oct. 16th, 1849."
Messrs. Lyons, Fair, Brooks, and Creanor, counsel for the accused, appeared and objected to the jurisdiction of the court, on the grounds that "It, (the Court) is not so constituted as to secure to a person the rights guaranteed by the Constitution of the United States," and alleg- ing there had been no action of a grand jury. The Court sustained the objection made and the sheriff summoned a grand jury of sixteen men. This grand jury, after taking a peculiar oath, returned into court on the following day and presented an indictment against Tracy. The prisoner was thereupon arraigned and required to plead ; but his counsel refused to have him plead, and moved for a change of venue,
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SAN JOAQUIN COUNTY DIRECTORY.
which motion the Court denied. They then moved for continuance on affidavits showing the absence of important and material witnesses who could not be had on a summary trial ; but the Court refused to grant the continuance, and a jury of twelve good and lawful men was" im- pannelled to hear and determine the case. Counsel then raised the question, "What law is in existence and should prevail in this case ?" After hearing argument on both sides, the Court decided that the Mex- ican laws were in force except such as were in conflict with the Consti- tution and laws of the United States; and then the latter must prevail. The jury, after hearing the evidence speedily acquitted the defendant.
Hon. Geo. G. Bell, remained Judge of the Court of First Instance until December, 1849, when he was succeeded by James R. Reynolds, with L. T. Crane for clerk, and E. B. Bateman for sheriff. At this time Hon. G. D. Dickinson was Prefect of the District of San Joaquin, and he seems to have closed the business of this court in a very abrupt man- ner during February, 1850, but as the clerk failed to enter his usual " nunk pro tunk order," we are left to hearsay and matters of opinion as to the reason why we are cut off so peremptorily in our perusal of the instructive proceedings of this court.
THE COURTS OF THIS COUNTY UNDER THE CONSTITUTION-EARLIEST CASES- PIONEER MEMBERS OF STOCKTON BAR-JUDICIAL OFFICERS-DISTRICT COURT -ROLL OF ATTORNEYS-PRESENT MEPBERSHIP.
The District Court, of which Hon. C. M. Creanor was the first Judge, and the County and Probate Courts-Hon. Benjamin Wil- liams, Judge-held in and for the County of San Joaquin, were opened for business in the month of May, 1850 ; and the Court of Ses- sions was organized early in June of the same year, with H. Amyx and O. C. Emery, Esqs., Associate Justices. R. P. Ashe was Sheriff ; A. C. Bradford, Clerk ; S. A. Booker, District Attorney ; and E. L. B. Booker, County Attorney. The calendars of the District and County Courts at their first terms contained about fifteen civil cases, nearly all of them on appeal from the lower courts. The District Court and Court of Sessions each had at their first terms about twelve criminal cases ; those in the District Court being upon indictments for various felonies and misdemeanors, and those in the Court of Sessions being upon appeal from judgments rendered in the Justices' Courts. The fol- lowing is a list of attorneys appearing at the first terms of these courts : D. S. Terry, (afterwards Chief Justice of the Supreme Court), S. A.
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SAN JOAQUIN COUNTY DIRECTORY.
Booker, (present District Judge), D. W. Perley, T. B. Van Buren, W. D. Fair, E. L. B. Brooks, Dr. Roberts, O. L. Bridges, Chas. A. Lake, R. C. Chamberlayne, W. B. Sloan, Isaac Baggs, H. H. Rhees, A. C. Baine, H. A. Crabb, W. F. Nye, H. T. Booream, Thos. Baker, J. K. Shafer, Mr. Stafford, and Mr. Brockway.
The Fifth Judicial District, as originally organized, comprised all the territory now represented by the counties of Calevaras, Tuolumne, Amador, San Joaquin, Stanislaus, Mariposa, Merced, and Fresno. It was the duty of the District Attorney to make the circuit with the Dis- trict Judge and attend to prosecutions in the various counties. The County Attorney of each county attended to prosecutions in the Court of Sessions and all examinations and criminal proceedings on behalf of the people during the absence of the District Attorney. The office of County Attorney was abolished at the second session of the Legisla- ture, by Act of April, 29th, 1851, and provision was made for a prose- cuting attorney in each county, who is called District Attorney-a mis- nomer. The County and Probate Judge, on the 3d day of June, 1850, appointed E. L. B. Brooks Public Administrator for San Joaquin County, and the first estate administered upon was that of H. H. Bray- ton, deceased, June 24th, 1850. The first criminal case in the Court of Sessions was case on appeal from Justice Endicott's Court, entitled, The People, etc., vs. Conner, in which defendant was charged, with one Washburn, with selling goods without a license. The first case called in the County Court was Haas vs. Messa and the second was a case on appeal from the Justices' Court of H. Amyx, Esq., viz : Grassi vs. Gravedia, wherein it appears that neither party having put in an ap- pearance on the day set for trial, the Justice entered up a judgment against the defendant for $50 and costs of suit.
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