USA > California > Contra Costa County > The history of Contra Costa County, California > Part 20
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The constitution of 1849 also provided that the judges of the district courts should be appointed by the joint vote of the legislature at its first meeting, and such judges to hold office for two years from the first day of January next after their election, after which said judges should be elected by the qualified electors of their respective districts at the general election and hold office for the term of six years.
By the act of the legislature of 1853 the county of Contra Costa was transferred from the Third Judicial District to the Seventh Judicial District, which district embraced the counties of Solano, Napa, Sono- ma, and Marin, and said county continued to be in the Seventh Judicial District until 1862, when it was again transferred from the Seventh Judicial District to the Fourth Judicial District, which district em- braced this county and a portion of the city and county of San Fran- cisco lying north and east of Clay and Kearny streets. Contra Costa
R.H. Latimer
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County continued to be a part of the Fourth Judicial District until, by an act of the legislature of 1863, it was annexed to the Third Judicial District, composed of the counties of Monterey, Santa Cruz, Santa Clara, Alameda, and Contra Costa, and continued to be annexed to the said district until, by an act of the legislature of 1864, it was annexed to the Fifteenth Judicial District, composed of that portion of the city and county of San Francisco included in the Twelfth Judicial District and the Fourth Judicial District and Contra Costa County, and continued annexed to said district until the adoption of the constitution of 1879.
The judges of the District Court were as follows : At its first session in 1850 said legislature by joint vote elected John Watson, and he held the office of the judge of the Third Judicial District until 1851, when he resigned, and C. P. Hester was appointed by the governor and filled the office until the next election, and at the next election, in 1853, Hes- ter was elected and continued to preside as judge of said district until Contra Costa County was attached to the Seventh Judicial District, when E. W. Mckinstry was elected judge of said district and continued ta preside until March, 1862, when the county was annexed to the Fourth Judicial District, with Samuel F. Reynolds then presiding, who continued to act as such judge until April 25, 1863. At that date Contra Costa County was annexed to the Third Judicial District, of which Samuel B. McKee was the judge presiding, who continued to act as such judge until April 4, 1864. Contra Costa County was then annexed to the Fifteenth Judicial District, wherein Samuel H. Dwinelle was judge, and who through subsequent re-elections continued to act in that capacity until January, 1880, when the constitution of 1879 changed the judicial system.
By an act of the first session of the legislature of 1850 a county court was established in Contra Costa County, over which from that time up to the adoption of the constitution of 1879, the following judges pre- sided : F. M. Warmcastle, 1850-53; J. F. Williams, 1853 ; R. N. Wood, 1853-55 ; George F. Worth, 1855-56; Thomas A. Brown, 1857-63 ; Mark Shepard, 1864-70; C. W. Lander, 1871-73; Thomas A. Brown, 1874-78.
SECOND PERIOD
The constitution of 1879 vested the judicial powers of the State in a supreme court, a superior court, justices of the peace, and such inferior
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courts as the legislature may establish in any incorporated city or town or city and county, and also provided there shall be in each of the or- ganized counties or cities and counties of the State a superior court, for each of which at least one judge shall be elected by the qualified electors at the general State election to be held in 1879. Contra Costa County was assigned one judge. At the election of 1879 Thomas A. Brown was elected to that office, and presided until his death in 1886, when Judge F. M. Warmcastle was appointed by the governor as his successor. Judge Warmcastle held the office only until after the election of 1886, when Joseph P. Jones was elected and continued to act as such judge until his death, in early part of 1900. William S. Wells was then appointed by the governor to succeed Judge Jones, and occupied the bench until January, 1909. Judge R. H. Latimer was elected at the gen- eral election of 1908 to succeed Judge Wells, and has continued to act as judge of said court ever since that date. By an act of the legisla- ture of 1913 the county of Contra Costa was assigned two judges, and at the general election of 1914 A. B. Mckenzie was elected to preside over the second department of the court, and at present fills that po- sition.
MEMBERS OF THE BAR OF CONTRA COSTA
Thomas A. Brown was born on October 16, 1823, in Greene County, State of Illinois, and is the eldest of four children of Elam and Sarah Brown. During his infancy the family moved to Morgan County, Illi- nois, where they settled on a farm about ten miles west of Jacksonville. The family resided there until 1837, when they moved to Platte County, Missouri, where they again settled on a farm near the town of Weston. During 1842 and 1843 the settlement of the country about the mouth of the Columbia River, in Oregon, and emigration to California and other places west of the Rocky Mountains were beginning to be agi- tated, and in May, 1843, Brown joined a party of emigrants and crossed the mountains to Oregon. He arrived at Willamette Falls late in the fall of that year. On that journey the party suffered many annoyances and privations not common to travelers who now cross the plains from the Missouri River to the Pacific Ocean. This little band left Westport, near the western line of Missouri. After crossing the west boundary of Mis- souri the country until Fort Laramie was reached was entirely unin-
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habited by white people. At that place there were a few traders. Thence they proceeded to Fort Bridger, from there to Fort Hall, and thence to Fort Boise near the Granderonde Valley on Snake River, which was an unbroken wilderness. There were a few trappers at Fort Bridger, others at Fort Hall and Fort Boise, and Doctor Whitman and some others at Walla Walla. These were the only white people found on the route from the Missouri line to Fort Vancouver. There were plenty of Indians, but not generally troublesome. At that time Oregon was considered to be about as far away from other civilized society as it was possible to get. There were then a few hundred white people, generally very good peo- ple, in what is now the State of Oregon. To illustrate the condition of things then, the only regular communication with the United States was by sailing vessels or by the annual immigration. Messengers bearing news required about six months to make the trip in one direction, or twelve months to get word in return. The people who went across the mountains in 1843 left Missouri in May of that year. The nominations of candidates for President and Vice-President were not made until afterward. It was not known by them who was nominated or elected President until late in the fall of 1844, six or seven months after Polk had been inaugurated.
While in Oregon Brown resided the greater portion of the time at Oregon City, and was engaged chiefly in the business of surveying and as civil engineer. He surveyed a great number of claims for settlers in different parts of the Territory, and also several town-sites, among others that of Portland, now the principal city of the State. The survey of Portland was made about 1844, and while there engaged the survey- ors were compelled to live in a tent on the bank of the river, there being up to that time no house at that place.
During the early part of the year 1847, Brown came to California on a visit to his father and family, who had crossed the plains during the summer of 1846, and then resided at the mission of Santa Clara. He remained in California a few weeks, and then went back to Oregon for the purpose of closing up his business, intending to return to Califor- nia. While making preparations to return to this State, news of the dis- covery of gold at Sutter's Mill reached Oregon and resulted in a gen- eral rush from that country to this. Brown returned to California by sea, and by reason of bad weather did not arrive at San Francisco until
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late in the fall of 1848. He remained during the winter at the mission of San Jose.
In the spring of 1849, with a party, he went into the mines, where he remained but a few months, returning and settling at Martinez, where he has ever since resided. During 1849 he, his brother Warren, and his brother-in-law, N. B. Smith, engaged in mercantile business, which they , soon abandoned. During the same year Brown was appointed alcalde of the district by the then governor of California. He held that office until the organization of the county government in April, 1850, when he was elected county clerk and recorder, and held that office until 1855, when he retired from that position and was elected supervisor, holding that office for one year.
During his term of office as county clerk he commenced the study of law and was admitted to practice in the District Court in the year 1855. Soon after this he entered into active practice. In 1860 he was licensed to practice in the Supreme Court and the several courts of the State, as well as in the United States District and Circuit courts in this State. He continued in active practice until January, 1880, when he was elec- ted and qualified as judge of the Superior Court, when he gave up pri- vate practice entirely. He was elected county judge in 1856, and con- tinued in that office until January, 1864.
At a meeting of the members of the Contra Costa bar in open court at the courthouse in Martinez, on Thursday, December 10, 1863, the following preamble and resolutions were unanimously adopted, and on motion were entered in the minutes :
"In County Court, State of California, Contra Costa County, Hon. Thomas A. Brown presiding, December 10, 1863.
"WHEREAS, Hon. Thomas A. Brown being about to retire from the bench, we, the members of the bar, deem it just and respectful to ex- press and record our appreciation of the integrity and ability with which, during the last eight years, he has discharged the various duties which have devolved upon him as the judge of this court; therefore-
"Resolved, That it is the unanimous sentiment of the members of this bar that Hon. Thomas A. Brown, during a continuous term of eight years in the official capacity of judge of this court, has earned for him- self the reputation of an urbane, able, and upright judge.
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"Resolved, That it is the unanimous request of the members of this bar that the foregoing proceeding, preamble, and resolutions be entered in the minutes of this court."
In 1865 he was elected to the assembly, and served during the sessions of the legislature for 1865-66 and for the years 1867-68. In the session of 1865-66, Judge Brown was chairman of the judiciary committee in the assembly, and at the next session had the Republican nomination for the United States Senate when Eugene Casserly was elected.
In January, 1874, he was appointed county judge, to fill the vacancy caused by the death of Judge Lander. On the expiration of the term he was elected to that office, and held it until January, 1880, when he be- came judge of the Superior Court. While he held the office of county judge his practice as attorney was confined to business in the District Courts, the Supreme Court, and the Federal Courts.
Joseph P. Jones was born in Owen County, Indiana, January 27, 1844. In 1853, when he was nine years old, his parents moved to Marion County, Oregon, where he attended the common schools, and afterward entering the Willamette University, at Salem, there received a thorough scholastic training, and finally graduated, Artium Baccalaureus, in 1864. In 1865, he returned to Indiana, matriculated at the State University, in Bloomington, where he entered upon the study of law, and gradu- ated therefrom in 1867. His legal curriculum finished, he returned to Oregon, but shortly after located at the mines in the northern portion of California, where he resided until December, 1869. In that year he came to Martinez, Contra Costa County, and entered upon the practice of his profession, in which he has achieved considerable success. Upon the election of Hiram Mills to the post of district attorney, Jones was appointed deputy to the office and continued as such until the fall of 1875, when he was nominated and elected on the Republican ticket to the office of district attorney, the functions of which he held until March, 1878. After a lapse of two years, he again entered the political arena, and in the fall of 1880 was elected to the assembly, and served at the general and extra sessions of the legislature, being a member of the judiciary committee, as well as chairman of the committee on fed- eral relations. He is now practicing his profession in partnership with Hiram Mills, a lawyer long associated with Contra Costa, under the style of Mills & Jones. He married in Martinez, February 2, 1870, Jen-
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nie Frazer, a native of Oregon, and has three surviving children-Mad- ison R., Thomas Rodney, and Carl Richard.
F. M. Warmcastle, born November 16, 1815, at the town of Butler, Butler County, Pennsylvania, went to Pittsburg at the age of seventeen, remaining there some three years. He then went to Maysville, Ken- tucky, and remained there until 1839, spending the winters in the South- west flat-boating and distributing agricultural implements. On leaving Kentucky, he went to Liberty, Clay County, Missouri, early in 1840, remaining there until 1841, engaged in manufacturing wagons, plows, etc. After this he located in Platte City, the county seat of Platte Coun- ty, Missouri, read law, and in the year 1842 emigrated to Nott County, Missouri, and was admitted to the bar at the spring session of the Cir- cuit Court of Savannah, the county seat of Andrew County, Missouri, Judge D. R. Atchison presiding, Peter H. Burnett, circuit attorney. He located that year in that portion of Nott County afterward (1844)! organized as the county of Atchison, practiced law at Linden, the coun- ty seat, and represented the county in the Missouri legislature, as its first representative, in 1846. He joined the volunteer service, as first lieutenant of Captain Creig's company of Missouri mounted volunteers, in the spring of 1847, was mustered into the service of the United States at Fort Leavenworth, and was appointed acting assistant com- missary of subsistence. The command was ordered to the Indian coun- try to overawe the Indian tribes, there being no military force in the direction of Oregon, the rifle regiment raised a few years before for that purpose having been ordered to Mexico.
He remained in the Indian country until the winter of 1848, was mus- tered out of service at Fort Leavenworth, leaving for California in 1849, overland, and was among the first immigrants to arrive at Sacra- mento, about the middle of August of that year. He went to the mines on the Yuba River, stayed there until the early rains, and, returning to Sacramento, remained there a short time. About that time the elec- tion to ratify the constitution of the new State came off, and the election immediately followed for State officers and members of the legislature.
Warmcastle then went to Benicia, crossing the Straits of Carquinez at Martinez, and from there through what is now Contra Costa and Alameda counties, via the mission of San Jose, proceeded to the city of San Jose, remaining there a spectator of the daily sessions of the leg-
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islature, and becoming somewhat acquainted with many of the men who afterward occupied official positions in the State, returning to Martinez in February of 1850. In the spring the several counties of the State having been organized by the legislature at its first session, he was elected county judge of Contra Costa County, and held the position un- til December, 1853, when he resigned, having been elected to the as- sembly. At the close of the legislative session he resumed the practice of the law in Martinez.
He was married at San Francisco in February, 1855, and resided in Martinez until the fall of that year, when he located some six miles from Martinez, on a farm that he bought in 1852 and improved. This farm is situated one mile south of the town of Pacheco, not then in ex- istence. He was elected to the assembly in 1857, and in 1860 was elected to the State senate in the district composed of the counties of Contra Costa and San Joaquin.
Between the years 1870 and 1874, he visited the Eastern States twice, being absent about one and a half years. He resided on his farm until 1877, when he was elected district attorney for Contra Costa County, holding the office for two years, since which time he has been engaged in the practice of the law. At present he is living in Martinez.
Among the many attorneys who have belonged to the bar of Contra Costa County since the organization of the county, besides those who have held judicial positions as hereinbefore stated, are the following : J. F. Williams, the first district attorney of this county ; L. B. Mizner, who removed to Solano County and practiced law there for a number of years before his death; Hiram Mills, who was district attorney of the county for fourteen years, between 1855 and 1875, afterward prac- ticing law until his death ; Mark Shepard, who was district attorney for one term, and then practiced law until his death ; George W. Bailey for a number of years prior to his death was a prominent member of this bar ; C. W. Lander from 1869 to the time of his death, in 1874, was one of the prominent members of this bar; L. M. Brown, a brother of the late Judge Thomas A. Brown, practiced here from 1870 to the time of his death, in 1874; A. P. Needles, who for a short time before moving to San Francisco was a member of this bar; Eli R. Chase practiced here from 1865 up to the time of his death, a few years ago, and was district attorney for two terms ; W. S. Tinning, who has been the leader
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of the bar for a number of years, commenced the practice of law here 1880 and has continued ever since. We also have had G. W. Bowie, A. H. Griffith, W. B. Wallace, Jr., and C. Y. Brown, all of whom have passed away. C. Y. Brown held the office of district attorney here for a number of years prior to his death.
The bar has grown rapidly and has now among its members in Mar- tinez, M. R. Jones, son of the late Judge J. P. Jones, Ralph Wight, Rex Boyer, E. B. Taylor, Leo F. Tormey, Archie Tinning, son of W. S. Tinning, J. E. Rodgers, A. F. Bray and John O. Wyatt; in Richmond, T. H. DeLap, H. V. Alvarado, J. G. Gerlach, D. J. Hall, C. S. Hannum, C. D. Horner, H. E. Jacobs, J. M. Opsahl, Wilber S. Pierce, W. S. Robenson, H. J. Wildgrube, Lee D. Windrem ; in Antioch, A. C. Hart- ley and Matthew Ward; in Pittsburg, R. N. Wolf; in Concord, A. S. Sherlock.
Judge John H. Watson was appointed the first district judge of the Third Judicial District, which included the counties of Contra Costa, Santa Clara, Santa Cruz, and Monterey. He died at Elko, Nevada. He was a pioneer of California and Nevada and the founder of Watson- ville, California. He was also a State senator.
Hon. Craven P. Hester was born May 17, 1796. Studied law at Charleston under Judge Scott, one of the judges of the Supreme Court of Indiana. In 1821 he removed to Bloomington, Indiana, where he continued to practice until 1849, when he crossed the plains with his family to California. He was elected district attorney of the Third Ju- dicial District in October, 1850. In May, 1851, he resigned that office and was forthwith appointed by the governor judge of the district, to fill the vacancy occasioned by the resignation of Judge Watson. In Sep- tember following he was elected to the same office until the next gen- eral election in 1852, when he was re-elected for the full term of six years.
Judge E. W. Mckinstry was born in Detroit, Michigan, in 1826. He came to California in June, 1849, and engaged in law practice at Sacra- mento in 1850, was in the first legislature, and was elected adjutant- general at the age of twenty-four years. In 1851 he opened a law office in Napa, and in the fall of 1852 he was elected district judge for the district comprising Napa and contiguous counties, being re-elected in September, 1858, but resigned in November, 1862. In 1863
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he was the Democratic candidate for lieutenant-governor, and was de- feated with his ticket. He went to Washoe, Nevada, in the flush times, and in 1864 he and John R. McConnell and W. C. Wallace were the Democratic nominees for supreme justices of the State of Nevada.
Returning to California, and locating in San Francisco, he was, in October, 1867, elected county judge on the Democratic ticket for a term of four years from January 1, 1868. In October, 1869, he was elected judge of the Twelfth District Court as an independent candidate over the regular Democratic nominee, R. R. Provines. In 1873, again as an independent candidate, he was elected a justice of the Supreme Court over Samuel H. Dwinelle, Republican.
Judge Mckinstry resigned from the Supreme Bench on October I, 1888, to become professor of municipal law in the Hastings Law Col- lege, San Francisco, but in 1890 again took up the practice of the law. He died in San Jose, California, November 1, 1901.
Judge Samuel F. Reynolds was a native of New York State, and died February 12, 1877, of apoplexy, at the age of sixty-eight years. He came to California in the early days and filled the office of district judge of the Fourth Judicial District for a term of six years, after which he resumed active practice in the profession. He was a prominent Odd Fellow, in which order he filled several important offices.
Samuel H. Dwinelle was born in 1822 in Cazenovia, Madison County, New York, and came to this State in 1850, locating in Sonora, Tuolum- ne County. He soon removed to San Francisco and continued to prac- tice law. In 1858-59 Judge Dwinelle was a law partner of E. D. Baker. In 1865, when the Fifteenth Judicial District was created, comprising a part of San Francisco and all of Contra Costa County, Governor Low appointed him to the bench of that court, and at the next general elec- tion he was chosen by the people for a full term of six years.
Judge Dwinelle presided at the first trial of Laura D. Fair, who was convicted before him of the murder of A. P. Crittenden, and he sen- tenced her to death in 1870.
Judge Dwinelle died January 12, 1886, of apoplexy, at his home in San Francisco.
Hon. William S. Wells, at present presiding in department four of the Superior Court of Alameda County, enjoys the distinction of being the first superior judge in the county to receive the Republican nomina-
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tion for that office direct from the people. Judge Wells was born in Fairfield, Solano County, June 24, 1861. His father practiced law in So- lano County, and later in San Francisco. He resided in Oakland at the time of his death, which occurred on Christmas day, 1878.
Judge Wells attended the public schools, and later entered St. Augus- tine College, Benicia, and completed his studies at the University of Cal- ifornia. He was admitted to the bar in 1884, and began the practice of his profession in Contra Costa County. In 1886 he received the appoint- ment of assistant district attorney of this county. He was appointed judge of the Superior Court of this county January 26, 1899, in place of Joseph P. Jones, deceased. Judge Wells was afterward elected to fill the unexpired term and again for a full term, which expired in January, 1909. In April of the same year he was appointed to the Superior Court of Alameda County.
Judge Wells is prominently known in fraternal circles, being past grand master of Masons of California, and a member of Oakland Lodge, No. 191. He is also a member of the B. P. O. E. and the Wood- men of the World.
Alfred Bailey Mckenzie, judge of the Superior Court of Contra Cos- ta County, department two, was born at Goderich, Ontario, in 1861. He came to the United States in 1880 and followed mercantile pursuits in New York until 1891, when he came to California, and in 1892 entered Hastings College of the Law and graduated with the class of 1895, re- ceiving the degree of Bachelor of Laws from the University of Califor- nia. In June, 1895, he commenced the practice of law at Martinez, and has resided there ever since. In November, 1914, he was elected judge of the Superior Court of the State of California, in and for the county of Contra Costa, for a new department of the court, which office was created by the legislature in 1912, to take effect at the general election of 1914. At the time of his election to the bench he was district attorney of Contra Costa County, to which office he was elected in 1910.
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