Alameda County, CA History

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Past and Present of Alameda County California
Joseph Baker, Editor, Volume I, Illustrated
Chicago, The S. J. Clarke Publishing Company 1914 
 
CHAPTER X
THE COURTS, BENCH AND BAR, ETC.
 
        Under the act of March 29, 1850, the state was divided into judicial 
districts and John H. Watson became the first judge of district No. 3, composed 
of the counties of Contra Costa, Santa Clara, Santa Cruz and Monterey. Upon the 
creation of Alameda county in 1854, it became a part of the same district and so 
continued until the creation of the superior courts in 1880. The act creating 
Alameda county provided for a court of sessions to be presided over by the 
county judge and two justices of the peace. The first term of the court of 
sessions was held at Alvarado on June 6, 1853, with Adison M. Crane presiding 
assisted by justices I. S. Long and D. S. Lacy. C. P. Hester was first district 
judge and A. M. Crane county judge, both of whom were elected in 1853. The 
former served until 1865 and the latter until 1857. S. B. McKee became county 
judge in 1857 and W. H. Glascock in 1859. Then John A. Lent served until 1863 
when he was succeeded by Noble Hamilton. In 1864 S. B. McKee succeeded Judge 
Hester on the district bench and served until 1880 when the superior courts were 
formed. Stephen G. Nye became county judge in 1867 and served until 1880. The 
new constitution of 1880 gave the county two superior judges—A. M. Crane and W. 
E. Greene. In 1882 one more judge was allowed and Noble Hamilton was chosen. In 
1884 E. M. Gibson succeeded Judge Crane, but was himself defeated by Judge 
Ellsworth in 1890. Mr. Henshaw became judge in 1892 and F. B. Ogden in 1891 by 
appointment of Governor Markham. In 1892 Judge Henshaw was elected to the 
supreme bench and Judge A. L. Frick succeeded him in this district. In 1896 
Judge S. P. Hall succeeded Judge Frick.
        The bench and bar of Alameda county is and has ever been preeminent not 
only for its profound legal accomplishments, but for its forensic and oratorical 
ability and its rare acumen in court practice and procedure. Many important 
decisions that have stood the test of time and study were rendered in this 
county. In 1853 Hamilton & Coombs had their law office in one corner of the room 
used for a district court room and for a justice's court room. W. C. Pease was 
another lawyer there.
(Note : Much concerning court decisions will be found in half a dozen other 
chapters, notably in those on Oakland, Water Front Conveyance, the Harbor, etc.) 
       
        Horace W. Carpentier was one of the first, if not the first, lawyer to 
locate in Alameda county. However, he did little general law practice, but used 
his legal lore and craftiness to get on the upper side of all the title to 
desirable land in the vicinity of Oakland. He seemed adept in the law of 
ejectment, unlawful detainer and squatter title. Though a young man he 
unquestionably possessed great ability and thorough knowledge of the law of real 
estate. In several contests Judge Crane decided adversely to Carpentier and 
associates, because they transcended their rights. They erected a cabin in the 
middle of Broadway, but were compelled by the squatters and other settlers to 
remove it.
        The early history of Alameda county and its leading cities is 
characterized by numerous extended, interesting  yet vexatious claims and 
lawsuits which required the legal lore of the best lawyers of the state and all 
the wisdom of the courts. There were the receders in East Oakland, the water 
front questions, the Webster street bridge troubles, numerous assessment 
difficulties and the annoying incidents attending the removal of the county seat 
from San Leandro to Oakland.
        The cells in the old jail at San Leandro were brought to Oakland and 
placed in the new jail in 1875. The removal of the county seat caused the 
Estudillo family of San Leandro to file a claim against the county and 
immediately after the removal it was found necessary to place a guard in 
possession of the old county buildings there. They had cost about $70,000. The 
family threatened to sue for the cells already removed for about $10,000. At 
this time the county owned an excellent vault in the county building at East 
Oakland, which in 1875 was removed to the new courthouse. The Case-Larue 
claimants contested the right of this removal.
        Other early county judges were W. H. Glascock, John A. Lent, Noble 
Hamilton, Stephen G. Nye and R. A. Redman. The early district attorneys were W. 
H. Coombs, Will Van Voories, S. G. Nye, W. W. Crane, George M. Blake, O. H. La 
Grange, Stephen P. Wright, A. A. Moore, John R. Glascock, Henry Vrooman, E. M. 
Gibson, Samuel P. Hall and George W. Reed.
        The first criminal act in Alameda county took place shortly after its 
creation and was the shooting of Albert Scott by Franklin Uray on September 9, 
1853. The justice of the peace did not think the case of sufficient gravity to 
commit Uray for trial. On October 20, 1853, Henry Colvin was shot by Frank Hale, 
near San Leandro creek. Hale was discharged by the justice on the ground of 
self-defense. The shooting of Henry Blake by Charles Martinez occurred on August 
7, 1853. At the preliminary examination bail was fixed at $500. In 1854, the 
shooting at Constable Carpenter by J. B. Heap took place at the Gate House in 
Clinton township, where the constable was called to quell a disturbance. The 
inmates were having a dance, and all were more or less drunk and disorderly. 
Carpenter was hurt. On June 15, 1854, Garcia, Domingo, Marshall and McCoy were 
wanted for the murder of William Wettig. These men had gone to the foothills to 
hunt cattle thieves, and from the statements made in evidence by them, came upon 
Wettig, with freshly-killed beef upon his horse. They made accusation, which 
resulted in a quarrel, when one of the Spaniards, Domingo, killed him, and then 
made for the hills. Garcia, McCoy and Marshall were apprehended, and the latter 
was held to answer as an accessory. About this date George Zimmerman, Charles 
Wilson and Israel C. Townley had a preliminary examination for an assault with 
intent to kill John C. Pelton at San Leandro, the dispute being in regard to the 
ownership of some hogs. Wilson and Zimmerman were held to answer. On July 7, 
1855, John Doe was indicted for killing John Fanning. At the same term, a man 
called "Mack" and H. Hastings were indicted for killing Peter Rochblam, and 
Amada Canute. Antonio was indicted by the grand jury on August 17, 1855, for 
killing Joqquen by stabbing him in the back. The indictment was set aside on 
motion of defendant's counsel, Benjamin Williams, on the ground that the county 
judge had no authority to call a special term of said court.
        On January 30, 1855, between the hours of one and three in the morning, 
George W. Sheldon was taken from the hands of the civil authorities in the city 
of Oakland conveyed across the bridge into Clinton and there lynched by an 
excited multitude. He was guilty of horse stealing. The mob numbered from fifty 
to seventy-five men, all armed with revolvers. They overpowered the guard, beat 
in the door, seized the prisoner, and, almost as quick as thought, moved in 
order towards the bridge connecting Oakland with Clinton. On May 10, 1858, a man 
named Cruz was indicted for the murder of Frederico. He was tried at the July 
term of the court of sessions and found not guilty. A reward was offered by 
Governor Weller, for the arrest of the murderer of Ciriaco Sacre, a Chileno, who 
was cruelly slain on a little island near Alvarado about eighteen months 
previous.
        In April, 1859, a trial for murder against Thomas Seale before the third 
district court, at San Leandro, Judge McKee presiding, took place. He was 
indicted for the murder of Paul C. Shore. While the case was pending several 
other shooting affrays took place—all in Santa Clara county. The case was tried 
in Alameda county. The jury failed to agree on a verdict. After another trial 
the jury returned a verdict of not guilty.
        In 1859, Miguel Marquis was tried for murder and a verdict of guilty was 
rendered. He was sentenced to be hanged on the 25th of November, but a new trial 
being granted, he was convicted of murder in the second degree and sent to 
prison for life. On December 2, 1859, Ventura Aipen stabbed to death Marcus 
Castillo, and was indicted at the January term following. He was tried, found 
guilty of manslaughter, and sentenced to two years in prison. At the September 
term 1860 Ah Path was indicted for stabbing and cutting to death, in Oakland, 
How Sam. The slayer was tried, found guilty of murder, and sentenced to be 
hanged January 1, 1861. Meanwhile a motion for a new trial was made and denied. 
The case was then appealed to the supreme court which affirmed the judgment of 
the court below.
        On November 19, 1860, Ramon Romero was indicted for murder, was tried, 
found guilty and sentenced to be executed on January 1, 1861. A new trial was 
granted and he was acquitted, November 22, 1861. At the January term, 1861, 
Edward W. Bonney was indicted for stabbing to death Augusto G. Hirsch. The case 
came to trial in July following, and a verdict of guilty of murder in the first 
degree was rendered. He was ultimately executed May 9, 1862.
        In 1861 crime was rife throughout the county, especially in Murray 
township where it frequently occurred that the worst miscreants escaped the 
clutches of the law. The sheriff being too great a distance to effectively 
interfere, he therefore appointed James S. Kapp his deputy for that district—the 
initial step towards suppressing lawlessness in that out-of-the-way section of 
Alameda county. Owing to the amount of individual lawlessness, the grand jury 
were three days in getting through the business of the January term. They 
returned eleven indictments, embracing all the range of crime from manslaughter 
to petit larceny.
        In November, 1863, a gang of Mexican desperadoes appeared at Alvarado, 
fired upon several citizens and then took to flight, but were promptly pursued 
by the citizens and one of them was captured and hanged at the bridge over 
Alameda creek. In January, 1863, Judge Lent of the Alameda county court died in 
San Francisco after a long and painful illness. Noble Hamilton succeeded him, 
Asa Walker and George Fleming being chosen associate justices by Mr. Hamilton.
        Edward Tomkins came to Oakland to reside in 1863, and after a short time 
erected a cozy homestead on the banks of Lake Merritt. He was an able lawyer. 
His efforts to secure the removal of the county seat; his exertions in getting 
the splendid appropriations for the university; his advocacy of material 
interests, which might benefit the county and the city were highly praiseworthy. 
His last crowning act was a munificent donation to the University of the State 
of California. 
        In January, 1864, the Mountain House conducted by Mr. Zimmerman was 
attacked and robbed by a gang of bandits. The only men present at the time were 
a Frenchman who was sick and a German. Through threats they obtained $100 of Mr. 
Zimmerman's money and a few dollars from the others. They were pursued and 
arrested in San Jose and brought to Alameda county, where they were tried, 
convicted and sentenced to fifteen years each in the penitentiary; later the 
sentence of one of them was reduced to ten years.
        In March, 1864, A. A. Moore was admitted to practice in the district 
court. Mr. Moore was the first law student from Alameda county to make such an 
application.
        Harry N. Morse was county sheriff from 1864 to 1878. He assumed the 
duties at the age of twenty-eight years and at that time the entire eastern and 
southern portions of the county were overrun by Mexican horse thieves, 
highwaymen and cutthroats, among whom it was almost certain death for an 
American to go. He went quietly among them learning their ways and haunts, 
forming their acquaintance, studying the ravines, canyons, passes and hills and 
was regarded with contempt by the lawbreakers. He was pale-faced and gentle, but 
had in reality splendid courage and a heart of oak. After he had become familiar 
with their habits his demeanor changed. He began to swoop down upon them like a 
hawk on a chicken at the most unexpected times and places. He appeared often in 
the very midst of their camps and fandangos, usually alone and single handed and 
snatched his man with unerring certainty from under the very noses of his 
companions. His success in killing the murderer Narrato Ponce in 1868 showed his 
nerve, determination and resources. Ponce had shot to death at Haywards a man 
named Joy with whom he had a quarrel at cards. The murder of Otto Lundonico in 
Sunol valley was followed by Morse in the same relentless fashion. He became 
convinced that Juan Soto and Bartalo Sepulveda were concerned in the murder, but 
for nearly four months he could get no trace of them. At last they were found in 
a cabin in Sausalito valley where Morse alone and single-handed, after his 
assistant had deserted him in the presence of several of the desperadoes, 
finally killed Soto after many shots had been fired by each by sending a rifle 
bullet through his skull after he had refused to surrender.
        In 1864 Jose Piazarro was tried for the murder of Juan Andrada, found 
guilty of murder in the second degree, and was sentenced to imprisonment in the 
state prison for ten years. A Mexican was lynched at Alvarado on November 23, 
1863. A Frenchman named Cora was tried in 1866 for the murder of Samuel S. 
Kennedy at San Antonio (Brooklyn), was convicted and sentenced to three years 
imprisonment. On September 24, 1865, Jose Ruparda stabbed one Rosindo. The 
murderer was indicted, tried, found guilty of murder in the second degree, and 
sentenced to thirteen years imprisonment.
        In 1865-66 Murray and Washington townships were infested by bands of 
horse and cattle thieves, stock poisoners, and incendiaries, and so incessant 
and daring were their depredations that a firm determination to put a stop to 
their maraudings was reached. To this end a meeting was held at Centerville, 
April 1, 1865, and a vigilance committee was formed. Thomas Scott was chosen 
president; Dr. J. M. Selfridge, secretary; and William Tyson, treasurer. An 
executive committee of twelve members was also appointed. A reward of $500 f or 
the conviction of the person who a short time previously poisoned a wheat field 
belonging to Mr. Ellsworth was offered by the committee. Edward Simpson, the 
owner of a store on the Stockton road, near Amador valley, was foully murdered 
by two men in 1866. Two men, one a black-whiskered man and the other without 
beard had stopped at Simpson's store and requested something to eat and a 
night's lodging, which was granted them. They were at once suspected. Every 
effort made to capture the assassins failed.
        The grand jury which met in January, 1864, declared the county jail a 
public nuisance. The board of supervisors appealed to the Representatives of the 
Legislature to have a bill passed as soon as possible, authorizing the levy of a 
special tax for the erection of a county jail and making needed repairs to the 
courthouse. A contract was entered into with Messrs. Kittredge & Leavitt for the 
construction of an iron cell to cost $1,600 a work that was at once proceeded 
with, reported complete, and paid for September 5, 1864. On May 23d a 
proposition to make the jail of the city of Oakland a branch of that of the 
county for the confinement of persons where the city was liable for the expenses 
of keeping, was received and referred to the district attorney.
        On August 8, 1866, the police judge complained of the smallness of the 
emoluments of his office. The yield for the first three months was but $203, or 
about $68 dollars per month. The judge in his report says: "No one can complain 
of the amount of labor the duties require, but the office, in contemplation of 
law, having always to be open, necessarily confines the judge so closely that to 
do any other business is out of the question, unless he employ a clerk to take 
care of the office in his absence. You will at once perceive that the emoluments 
of this office are wholly insufficient to cover one's actual expenses." This 
subject having been referred to a committee of the council consisting of 
Barstow, Wilcox and Shattuck, they reported August 22d, that the act 
establishing the police court contemplated the allowance of a sufficient 
additional sum out of the city treasury to make a reasonable salary. On August 
29th his salary was fixed at $100 per month.
        The Legislature in 1866 passed the following bills: An Act to establish 
a police court in the city of Oakland and define its jurisdiction; duties and 
fees of court and its officers; to have a judge, clerk and seal; to have 
jurisdiction in petit larceny, assault and battery, breaches of the peace, 
violation of city ordinances, city taxes, sums of money less than $300, bonds, 
recovery of city property, license, etc., also an act in relation to the city 
courts of Oakland; the mayor no longer to exercise the power of a justice; the 
police judge should have power to hear cases for examination and could commit 
and hold offenders to bail also.
        On October 3, 1867, a Chileno, named Narrato Ponce shot Lewis Joy in the 
left side, the ball passing through the lung and body and killing him. Sheriff 
Harry Morse kept a sharp lookout for the Chileno and finally learned that he was 
in the mountainous regions of Murray township at the back of Livermore valley. 
Officer Conway, of Oakland joined Sheriff Morse, and both proceeded to Dublin 
where, leaving their buggy, thence started on horseback for the place where the 
murderer was supposed to be concealed. The sheriff and Officer Conway took 
positions at a gate leading into a by-path, in the shadow of a haystack, to 
await the coming of their man. About half-past nine o'clock the murderer and a 
companion arrived. The officers had the gate tied so as to prevent his escape. 
The Chileno opened the gate, tied it, and came towards the officers. When he got 
within ten feet of Sheriff Morse the latter drew a shotgun and order him to 
stop, which he refused to do, but turned his horse round quickly and started 
back, only to be met by Officer Conway, who leveled a six-shooter and commenced 
firing at him. Sheriff Morse discharged a load of buck­shot at the murderer, 
striking him in the back, but the Chileno drew his revolver and shot twice at 
Conway without effect. With the last shot fired by Conway, Ponce fell from his 
horse; but he was not so badly wounded as to prevent his running on foot along 
the fence. Conway had to go back to the haystack after his Henry rifle, which 
took him a little time, thus enabling the murderer to hide himself in the 
darkness. The officers hunted about for their quarry in the darkness until 2 
o'clock in the morning, but could find no traces of him. When daylight came they 
made a further search, and employed eight or ten Mexicans to aid them, and 
finally discovered the Chileno's coat completely riddled with buckshot and 
balls. Half a mile from where this garment was found his boots were picked up. 
The murderer's horse was wounded in the thigh, and was not worth bringing away. 
On the 7th of November Sheriff Morse received a letter from Sheriff Classen, of 
Contra Costa county, informing him that Ponce was in that vicinity. Morse 
promptly reached the rendezvous, and accompanied by Deputy Sheriff Swain started 
for Cisco. They learned that instead of being at Cisco, Ponce was concealed in 
Rigg's canon near Monte Diablo. Officer Conway, of Oakland, again accompanied 
Sheriff Morse from San Leandro, and at 11 o'clock at night the party arrived at 
Rigg's canyon. They at once surrounded the house where the murderer was supposed 
to be concealed and waited for break of day. When dawn came a thorough search 
failed to reveal Ponce and scouting parties sent to the hills brought no tidings 
save the discovery of his hiding-place. An old native informed them that 
Narrato's hiding-place at that particular time was near the bay, at Pinole. They 
went to San Francisco, where they took passage for Martinez and on the following 
morning started for Pinole. They searched all the houses through the valley as 
they went. Arriving at the house of Jose Rojos they saw a man on the mountain 
side with a bundle on one arm and a shotgun on the other. Conway and Swain went 
into the house with instructions to let no one out until Morse had ascertained 
who it was that was on the hill-side. When Sheriff Morse reached the hill he 
heard Swain cry out, "He's here," and directly thereafter heard the report of a 
pistol shot. Morse immediately directed his horse to the house on a run, when he 
discovered Narrato Ponce running away, trying to escape from the officers, who 
were shooting at him as rapidly as possible. A ravine intervening, Morse had to 
dismount. He immediately called upon the fugitive to stop and lay down his 
pistol, but the latter paid no attention and kept on running, endeavoring to 
make his escape. A shot from Conway struck him in the right hand, causing him to 
change his weapon to the other, with which he kept his pursuers covered. Finding 
that the villain was determined not to be taken alive, the sheriff concluded to 
finish the affair and therefore sent four shots from his Henry rifle after him, 
and all failing fired a fifth which ended his career. This case is given in full 
to show the desperate character of the villains of that time and the heroic 
determination of Morse and other officials.
        The reward of $500 offered by Governor Low for the arrest and conviction 
of Narrato was hardly sufficient to compensate the officers for the expense, 
trouble and danger to which they were put in ridding the state of a desperado 
said to be the superior in criminality and cunning of the famous Joaquin 
Murietta. While scouting among the hills in search of Ponce, Sheriff Morse 
discovered an old offender named Antonio Martinez alias Jesus Torres, an 
ex-convict, who had been evading the officers for six months. When he was taken 
into custody he denied his identity to the sheriff, but when brought into the 
presence of Conway and Swain, whom he knew, he lost courage and confessed. On 
October 22, 1867, complaint was made in the police court that John Thomas, 
colored, as principal, and his wife Margaret, as accessory, had shot and killed 
officer R. B. Richardson, at the corner of Ninth and Castro streets. Thomas was 
arrested and hurried to the jail at San Leandro, as rumors of lynching were 
rife. The shooting was done with an old fashioned double barreled pistol. 
Officer Richardson had been a member of the police force of the city of Oakland 
for about three years.
        In 1871 three men, among whom was a notorious Mexican named Juan Soto, 
with bandages over the lower part of their faces to disguise themselves, entered 
the store of Thomas Scott at Sunol and, paying no attention to the other 
inmates, attacked the clerk Otto Ludovisci and shot him, inflicting a wound from 
which he died shortly afterwards. The murderers being all well mounted escaped, 
but were pursued by Sheriff Morse. After a long chase and a desperate encounter 
he shot dead Soto. The entire party of desperadoes was afterwards captured, at 
their headquarters, close by, and among them was found the notorious cattle 
thief, Gonzales, who had escaped from the Santa Cruz prison only a short time 
previously. Soto was a large and powerful man, a complete type of the 
traditional Mexican bandit, with long, black hair, heavy, bushy eye­brows, large 
eyes of an undefined color, with altogether a tigerish aspect. He had served two 
terms in the state prison, and was generally regarded as the most formidable and 
desperate character living on this coast. He made one or the most desperate and 
daring fights on record. The sheriff secured his splendid black horse and his 
three formidable revolvers. Sheriff Morse distinguished himself by one of the 
most daring and gallant acts that was ever performed in the history of detective 
work on the Pacific coast, and his own life was preserved only by the 
manifestation of astonishing self-possession and presence of mind. In March, 
1873, Bartolo Sepulveda, against whom there had been a warrant out for two 
years, accusing him of being concerned in the murder of Ludovisci, came to San 
Leandro and delivered himself up to Sheriff Morse, demanding a trial to 
exonerate himself from the charge. He was duly indicted, twice tried, convicted 
and sentenced by Judge McKee to imprisonment for life.
        Tomaso Rodendo, alias Procopio, a nephew of the celebrated Joaquin 
Murietta, was suspected of being connected with the murder of John Rains, in Los 
Angeles, in 1859. He escaped and came to Alameda county. In 1863 he was arrested 
for the murder of the Golden family in Alameda; his accomplices were supposed to 
be Narcisco Borjorques and Celano Ortego. In attempting to arrest Borjorques, 
Sheriff Morse shot him off his horse, but he escaped to the bushes. Tomaso 
Rodendo was arrested in Alameda county for cattle stealing. When apprehended he 
shot the constable and got away, swimming the stream with his pistol in his 
mouth, persons shooting at him the while. He was subsequently captured and sent 
to the state prison for seven years, his time expiring in 1870. In 1873 
Sebastian Flores killed Francisco Garcia near the house of Senor Higuerra, at 
the Warm Springs, Washington township. He was tried, convicted and sentenced to 
five years' imprisonment. In 1874, Thomas Thornton and Edward Edwards were 
sentenced to thirteen years' imprisonment in San Quentin for the robbery of W. 
J. Keating in Oakland. When being taken over the bay, Edwards made his escape.
        Previous to 1870 the grand jury usually finished its labors in two days. 
District Attorney Nye traversed the whole county; in 1867 he was elected county 
judge. In those days a lawyer's library consisted of Wood's Digest, Statutes, 
the Supreme Court Reports and a few text books.
        In 1867 Henry Vrooman came to Oakland and at first worked at 
blacksmithing. He began the study of law in this city in 1872 and was admitted 
to the bar in 1874 and soon afterward became deputy district attorney for A. A. 
Moore. One of his first important cases was the Hurll liquor license suit and 
opposed to him was J. C. Martin, one of the best read lawyers of the state. In 
1876 he became city attorney. While in this office he rendered his opinion that 
San Antonio creek was a public water highway and as such could not legally be 
obstructed by any private person or company. The property affected by this 
opinion was over 4,000 acres valued at $12,120,000. In 1877 he was elected 
district attorney. In this capacity he maintained his authority before the board 
of supervisors when they were on the point of allowing certain claims which he 
claimed they had no power to do; he said: "I am the law officer of this county 
and you are bound to take my advice upon a legal question. If you refuse to 
adopt my report and do allow those claims, I will lay the matter before the 
grand jury."
        In 1868 the city employed John B. Felton, then very prominent in legal 
matters, to look after the water front case. Instead of commencing suit against 
Mr. Carpentier he entered into negotiations with him and the railroad people to 
have the railroad to San Francisco extended by Oakland instead of Ravenswood and 
to transfer the water front to a new company. An act of the Legislature 
authorized the city authorities to compromise and settle all claims and causes 
of action whatsoever.
        The suit of Merritt vs. Wilcox in 1874 was a notable case. It was over 
the land upon which the Grand Central Hotel stood and the cost of constructing 
the
hotel. Hoge and Nourse appeared for plaintiff and McAllister and Bergen of San 
Francisco and James C. Martin for the defendant. After a long trial the jury 
returned a verdict largely in favor of Merritt—for nearly all he 
claimed—$70,680.50.
        The new jail building fronted on Washington street, between Third and 
Fourth streets, (1874-75). It was a two-story and basement structure, built of 
brick with stone facings. The outside was cemented. Its cost was about eighty 
thousand dollars. Thirty-two cells were finished at the start.
        In December, 1874, Philip and Alfred Wesser were tried in the police 
court on the charge of cruelty to animals preferred by Doctor Dinsmore. Z. 
Montgomery defended and Vrooman and Moore prosecuted. After an amusing trial the 
jury returned the following verdict: "The jury after mature deliberation find 
the defendants not wilfully guilty, but do find that butchers should be more 
careful in handling their animals and be sure they are not feeding the community 
on distressed meat."
        A. A. Moore studied law under Noble Hamilton at San Leandro and began 
the practice late in the fifties. In 1870 he was elected district attorney and 
there received his first severe court training and made his mark. He was 
employed in the celebrated Toomes will case, defended Prindle charged with 
murder. John B. Moon was admitted to practice in this state in 1872. He married 
a daughter of Judge S. B. McKee. His practice was mainly in San Francisco. For 
many years he was counsel for the State University. F. E. Whitney graduated from 
the law school of Washington University, St. Louis, in 1882. He was in 
partnership with his brother here for a time and then served as court 
commissioner of the county for several years. William H. Jordan was admitted to 
the practice in 1885. W. R. Davis was admitted to the practice in 1877 and was 
first a member of the firm of Moore, Vrooman & Davis and then Vrooman & Davis. 
Mr. Davis became district attorney in 1878 and mayor of Oakland in 1887. He was 
retained by several large business concerns as their regular counsel. Among the 
important cases in which he was involved were Moore vs. Kerr, First National 
Bank vs. Wolff, Hawes vs. City of Oakland. Melvin C. Chapman studied law with 
Henry Vrooman and was admitted to the bar in 1884. He was employed in the 
celebrated Ah Yon case which involved the supremacy of the general law over city 
charters framed under the constitutional amendment, Wilson vs. the Street 
Railway Company; defended Silva charged with murder. Charles N. Fox, was 
admitted to the bar in Michigan in 1856, and soon afterward became district 
attorney of San Mateo county. He served many years as attorney for the Spring 
Valley Water Company; was a member of the Assembly in 1879. In 1889 he was 
appointed justice of the supreme court by Governor Waterman. Alfred H. Cohen was 
admitted to the practice in 1882 and soon had a large clientele. John R. 
Glascock was graduated in law in 1867, and began the practice here the following 
year. He served as district attorney in 1876, was sent to Congress in 1878, and 
was chosen mayor of Oakland by an immense majority. J. E. McElrath was admitted 
to the bar in 1866 and practiced here for many years. W. H. Chickering graduated 
in law from Harvard in 1875. He was for many years a member of the law firm of 
Olney, Chickering & Thomas. J. C. Plunkett studied law under Nathan Porter, San 
Francisco and was admitted to the bar in 1873. He had a large general practice, 
but mainly in real estate and probate matters.
        The calendar had become so large by 1877, that the advisability of 
constituting Alameda county a separate judicial district was considered by the 
bar here. Judge S. B. McKee was compelled to adjourn court before all the cases 
were heard in order to open the regular session in San Francisco. The members of 
the San Francisco bar heartily agreed to cooperate with the people of Alameda 
county in the movement for a separate judicial district; they declared that San 
Francisco alone needed two additional district courts. Pursuant to call many 
members of the Alameda County Bar assembled in the courtroom on April 10, 1877, 
to take steps to have this county constituted an independent judicial district. 
Among the attorneys present were the following: Stephen G. Nye, R. A. Redmond, 
Robert L. McKee, A. A. Moore, William Van Voorhies, Noble Hamilton, S. F. 
Daniels, Zach. Montgomery, J. C. Martin, Marcus P. Wiggin, A. E. Costello, John 
Yule, Robert J. Christie, J. H. Shankland and E. J. Webster. Mr. Montgomery 
served as chairman and Mr. Wiggin as secretary. Messrs. Hamilton, Redmond and 
Nye were appointed a committee to draft resolutions that would convince the 
members of the next Assembly of the urgent necessity of making the county a 
separate judicial district. A letter from Judge McKee was read, in which the 
necessity of the proposed action was set forth and urged. He declared that the 
accumulated and constantly increasing business of the court in Alameda county 
was sufficient for one judge and that the trial calendar in San Francisco 
contained 600 cases. The resolutions adopted recited the clogged condition of 
the court and stated that it was the sense of the bar here that Alameda county 
should be constituted the third judicial district. Messrs. Redmond, Martin and 
Moore were appointed a committee to gather and present to the next Legislature 
such facts as would show the necessity of the action desired. Messrs. Wiggin, 
Van Voorhies and Hamilton were appointed a committee to confer with the San 
Francisco bar for cooperation in this movement. Amid much amusement a collection 
was taken to pay the cost of calling this meeting.
        At this time (1877) Oakland was the second city and Alameda the second 
county in the state in point of population. For several years the cases docketed 
were far too numerous to be properly disposed of in the time allotted by the 
court term. Sixty cases went over to the next term in April, 1877, for lack of 
time of the judge to hear them. Many of the parties were ready for trial. In 
addition there were about thirty cases under advisement awaiting the decision of 
the court. The whole community suffered from this state of affairs. There was 
thus a general demand that Alameda county should be made a separate and 
independent judicial district. In July the case of the State vs. the San 
Francisco Chronicle was tried here and attracted much attention. That newspaper 
was charged with having libeled Senator A. A. Sargent and Congressman H. T. 
Page. Among the distinguished citizens present were George F. Gorham, secretary 
of the United States Senate, Gen. O. H. La Grange, of the Mint, Charles de 
Young, of the Chronicle, and several of the ablest attorneys of San Francisco.
        The large and increasing number of juvenile criminals early in 1877, was 
cause of serious reflection on the part of the county and the citizens. The 
grand jury in April found one or two true bills against each of six boys all 
under eighteen years of age and five of them but a few months over sixteen 
years. Burglary and grand larceny were the principal charges. In the previous 
January the police made 244 arrests, of which twenty-eight were of boys under 
eighteen years of age; five were arrested on charges amounting to felony. In 
February 261 arrests were made, of which twenty-five were of boys under eighteen 
years. In March 264 persons were arrested, thirty-six being boys under eighteen 
years; many were cases of felony. There was a general demand that the county 
should have an industrial school for such delinquents.
        In 1880 under the new state constitution the county probate and district 
courts were merged into the superior courts under three judges. The judges of 
the old district court had been for several years overworked; it was declared 
that Judge Crance became blind from overwork on the bench. Litigation had 
enormously increased. In 1863 there were commenced in the district court an 
actions and in the probate court nineteen new cases. In 1890 there were 
commenced in the superior court 758 actions and in the probate department 310 
new cases.
        In 1883 Judge Crane, of the superior court, decided the case of San 
Leandro vs. E. J. Le Breton, deceased, in favor of the plaintiff, holding that 
Court square there was the property of the municipality to be used for common or 
public purposes. In 1854 San Leandro was made the county seat. Later in the same 
year the town proprietors agreed to convey to the county four acres to be used 
for public buildings and the county authorities selected a tract 1,500 feet 
distant from Court square. In 1872 when the county seat was removed to Oakland 
the land donated reverted to the original proprietors. The block known as Court 
square remained open from 1854 to 1864, when one of the original proprietors 
built a stable thereon and occupied the land until 1883. In 1872 the town of San 
Leandro was incorporated. About the year 1871 Theodore Leroy bought of the town 
proprietors all the unsold lots and lands in the town and paid all taxes 
thereon; until his death Judge Crane held that the intent of the town 
proprietors to dedicate Court square for purposes of public buildings was 
governed by their subsequent acts, and if the dedication was so intended they 
should have resumed possession in 1856 when they conveyed block 19 to the 
county, but it remained common, used by all the people thereafter. The fact that 
the square was left blank and was not divided into lots indicated an intent to 
devote it to public uses. The imposition of taxes on Court square was a void 
act. The trustees by such an act could not void the people's right to the 
square.
        In the Oakland city prison in September, 1883, there was a cell full of 
Chinese criminals and all were confirmed opium subjects. They were deprived of 
the drug and became desperate and almost insane through the deprivation. Their 
friends from the outside made desperate efforts to supply them with the drug, 
throwing opium cake through the bars, carrying it in on platters of rice, etc. 
Not infrequently in spite of all efforts, the entire prison would reek with 
fumes of the drug; on one occasion the officers raided the Chinese cell and 
caught the inmates smoking. They had constructed a pipe out of a soda-water 
bottle. They had even bored a hole through the bottle, covered the bottle with 
cloth, collected tallow from their meat, made a wick and lit it. Their "Yen 
hock" or wire on which the opium was burned was made of a hair pin. The neck of 
the bottle was the stem of the pipe. The tallow was the lamp. The prison 
vanished. Dreams of a Chinese Elysium filled the sodden brains of the prisoners. 
Happiness reigned supreme. When the outfit was destroyed they repeated the same 
act of improvisation within forty-eight hours.
        In 1885 there were 26 suicides in Alameda county, 48 accidental deaths, 
9 sudden deaths and 6 murders. Received at the county jail 1,359 prisoners, of 
whom 730 were vagrants.
        On November 26, 1886, the suit of the City of Oakland vs. James Dods and 
his bondsmen for $47,374.06, the amount of his defalcation while acting as city 
treasurer, came before Judge Hamilton; J. C. Martin, A. A. Moore, W. H. 
Glascock, J. R. Glascock and Welles Whitmore appeared for the defendants and 
Judge Yule et al. for plaintiff. The case was dismissed in February, 1889, the 
city failing wholly and miserably to win. The case had been continued from time 
to time. A. A. Moore and John G. Glascock represented several of the bondsmen. 
City Attorney Johnson, assisted by John Yule and Henry Vrooman, prosecuted.
        For many years prior to 1886 the attorneys of the county had often 
discussed the question of forming a local lawyers' association, but no definite 
steps were taken with that object in view until late in February when it was 
decided that such an organization was a necessity. Finally a list of lawyers 
whom it was deemed proper should be members, was prepared and a public meeting 
was called to complete the organization. The meeting was held at the office of 
A. A. Moore. A preliminary organization was effected with Mr. Moore as chairman 
and George E. De Golia, secretary. The following committee was appointed to 
draft a constitution and by-laws: George D. Metcalf, R. M. Fitzgerald, A. M. 
Rosborough, A. A. Moore and George E. De Golia. It was agreed that each 
gentleman on the list already prepared, with a few additional names suggested at 
the meeting, should be declared a charter member of the association as soon as 
he should subscribe to the constitution. The meeting then adjourned for two 
weeks. The lawyers assembled on the 13th day of March (1886), adapted the 
constitution and by-laws prepared by the committee and elected the following 
permanent officers: A. A. Moore, president; J. C. Martin, vice-president; George 
De Golia, secretary; George D. Metcalf, treasurer; A. M. Rosborough, Welles 
Whitmore and J. B. Richardson, executive committee and V. H. Metcalf, S. F. 
Daniels, J. R. Glascock, George W. Reed and F. B. Ogden, committee on 
admissions. At this time the association had thirty members.
        In May, 1886, the Anti-Riparian Irrigation Organization of California 
was organized in view of the attitude of the supreme court. The organization 
declared that the right of the people to appropriate water for beneficial 
purposes was paramount to any alleged rights of riparian owners; that the common 
law of England did not nor should not rule the property of this state; that the 
common law rule as to riparian rights did not obtain here; that if necessary an 
amendment to the constitution would be secured to subordinate riparian rights to 
irrigation rights; and that only such officials would be voted for as would 
support these measures. The Alvarado Club, Oakland Club and West Oakland Club of 
this organization and scores of individuals of Alameda county joined this 
movement. It received an immense membership from nearly every county in the 
state. The point was to have riparian rights not as vested rights.
        Early in September, 1888, Judge David S. Terry and his wife, Sarah 
Althea Terry, were brought here and confined in the Alameda county jail by 
virtue of
an order made by Justice Field adjudging them guilty of contempt of court in 
their outbreaks in the courtroom in San Francisco the day before. Clinton Terry, 
son of Judge Terry, resided in this city. While in jail they received many 
favors and visits from friends. After a few days R. Porter Ashe, Judge Terry's 
law partner, brought suit in the superior court of San Francisco, against J. A. 
Franks, United States marshal, to recover $10,000 damages, for false 
imprisonment, the object being to secure Judge Field's deposition as to his 
statement made in .the commitment for contempt that Judge Terry attempted to use 
a deadly weapon on the marshal. It was twenty-nine years before that on the 
present site of Oakland Terry killed Broderick in a duel. The letters written by 
Terry at that time were sent from the house of W. W. Blow on Olive street. Late 
in September the circuit court denied the petition of David S. Terry to revoke 
the order committing him to jail for contempt of court.
        At a meeting of the Oakland Bar Association in April, 1888, the 
following ticket was chosen: J .J. Glascock, president; S. P. Hall, vice 
president; George E. De Golia, secretary; George D. Metcalf, treasurer; W. 
Whitmore, F. W. Henshaw and E. Nusbaumer, executive committee; V. H. Metcalf, A. 
A. Moore, R. M. Fitzgerald, F. B. Ogden and Charles Tuttle, committee on 
membership. In April, 1888, Judges Hamilton and Gibson decided that city 
justices of the peace had the same jurisdiction as police judges.
        In the trial of Benjamin Lichtenstein for murder in July, 1888, the 
defense was conducted by M. C. Chapman and W. W. Foote. Mr. Chapman's address to 
the jury was considered one of the ablest and most brilliant ever delivered in 
the county. His review of the evidence and conclusions therefrom were masterly 
in the extreme and was listened to by many of his fellow members of the local 
bar. He was warmly congratulated on his splendid success. The jury found Mr. 
Lichtenstein not guilty.
        J. M. Estudillo was trustee of the Eckfeldt estate. T. H. Rearden, a 
superior court judge of San Francisco, was former trustee, was removed by Judge 
Greene, but reinstated, but then refused to qualify. J. M. Estudillo was 
appointed in his place. Judge Rearden refused to turn over to Mr. Estudillo all 
the property of the estate including $32,000 of United States bonds and was 
cited to appear in court. He could not produce the bonds; he did not have them. 
His friends agreed to raise $10,000 and give their notes for the balance.
        The lawyers in 1884 were: A. A. Moore, Judge E. Nusbaumer, M. C. 
Chapman, H. F. Crane, George W. Reed, T. D. Carmeal, J. A. Johnson, city 
attorney, E. C. Robison, S. B. McKee, C. G. Dodge, R. M. Fitzgerald, J. E. 
McElrath, judge F. B. Ogden, L. A. Church, A. M. Rosborough, G. M. Shaw, J. H. 
Smith, J. K. Piersol, H. A. Luttrell, Victor H. Metcalf, Judge F. W. Henshaw, 
Welles Whitmore, J. B. Richardson, E. B. Pomroy, A. W. Bishop, C. L. Colvin, Max 
Marcuse, Hiram P. Brown, Guy C. Earl, William L. Hill, John Ellsworth of 
Alameda. F. W. Fry, Fred L. Button, Thomas H. Smith, Rhodes Borden, Cary Howard, 
T. A. Huxley, of Irvington, Fred E. Whitney, J. Burris, Edward K. Taylor, 
Frederick S. Stratton, E. O. Crosby, of Alameda, George W. Tyler, L. S. Church, 
Thomas Scott, Judge E. M. Hibson, Samuel P. Hall, district attorney.
        An important case in 1888 was the suit of the Spring Valley Water Works 
against Edward Clark and the Union Savings Bank to condemn land on Alameda creek 
for water rights. The defendant claimed that while it was true that the old 
Vallejo mill had thus diverted a portion of the water, it was only temporarily 
to run the mill and was then returned to the stream.
        In March, 1888, the judges of the superior court adopted new rules of 
court procedure and they were put into effect at once. In October, 1888, the 
county board accepted the advice of District Attorney Hall to compromise the 
case of Rhoda vs. Alameda county, which had been pending since 1875, for $3,000 
and costs. The suit was for $5,000 damages for removing the iron vault from the 
old brick building at San Leandro when the county seat was removed to Brooklyn.
        An important suit over several alternate sections of land in the 
southwest corner of Murray township was decided in favor of the preemptor late 
in 1888. William J. Field brought suit against the Central Pacific Railroad 
Company. It was shown that though Field sold the tract in 1861, yet as it was at 
that time uncertain whether it was public land or a part of a private Mexican 
grant, the sale was coupled with the understanding that if the tract ever became 
public land of the United States, Field should have the right to return to it 
and claim it under the preemption laws. Having done so as soon as the land was 
freed from the claim of El Sobrante in 1883 the sale did not deprive Field of 
his right of preemption to it. The case was decided by Assistant Secretary of 
the Interior Muldrow.
        In January, 1889, J. C. Martin and A. A. Moore formed a partnership 
under the name of Martin & Moore. George W. Reed became district attorney and 
withdrew from his partnership with Mr. Moore and united with Mr. Nusbaumer under 
the name of Reed & Nusbaumer. Noble Hamilton was appointed judge of the superior 
court by Gov. G. C. Perkins and served with distinction until he was superseded 
by John Ellsworth in January, 1889. As judge he was industrious, faithful and 
his decisions were rarely reversed. He possessed the confidence, good will and 
respect of the local bar. He resumed active practice.
        The case of the United States vs. Henry Curtner et al., was decided in 
the circuit court in February, 1889, in favor of the Central Pacific Railroad. 
The suit was brought by the United States at the request of the Secretary of the 
Interior to obtain a decree annulling the protests on 2,867 acres which land was 
originally granted to the Central Pacific Railroad Company from 1871 to 1873, 
but which was transferred by the land commissioner to California which in time 
had sold it to the defendants. The land was in Livermore valley and the 
following persons were affected: Henry Curtner, Samuel Davis, Samuel B. Martin, 
J. West Martin, W. D. English, John R. Deardorff, Anna T. Taylor, E. S. 
Wensinger, John O'Harra, Rasmus Bjoen, H. F. Crane, Thomas Newell, Le Grand 
Morehouse, A. S. Barron, James Barron, Bank of California, Franz Leberer, 
Patrick Armstrong, Garrison Gerst, C. G. Johnson, Sr., Anthony Thompson, R. S. 
Carstenson, Francis Schwier, John Hinkle, T. W. Moore and others. The point 
decided was that the listing of this land to the state was a mistake and without 
legal authority.
        In April the judges of the superior court sitting in bank listened to 
the memorial upon the late Henry Vrooman presented by J. C. Martini William R. 
Davis and George E. De Golia, the committee representing the county bar 
association. Eulogiums were delivered by Messrs. Martin, Davis, De Golia, 
Gibson, Ellsworth and Green. The proceedings were spread on the court records. 
J. E. McElrath endeavored to establish a law library in this city. He proposed 
that all lawyers in the city should donate their law books except codes and 
reports to be used as a nucleus for such a library.
        The California Bar Association was organized in July at San Francisco 
with Judge T. P. Stoney as president; in less than a year it had a membership of 
340. As stated it was organized for the purpose of securing judicial reform. 
Much dissatisfaction had been expressed regarding the inconsistencies both in 
the enactments and in the procedure. The decisions of the supreme court lacked 
harmony and the uncertainty connected with any legal step became unbearable. 
Many lawyers of Alameda county joined this association. This year suit was 
brought on the relation of Edson Adams to test the validity of the proceedings 
by which the recent annexation of territory was made to Oakland. City attorney, 
Johnson, W. R. Davis and Olney, Chickering and Thomas defended on the part of 
the city.
        In May, a special committee of the Oakland Bar Association consisting of 
J. C. Martin, A. A. Moore, G. D. Metcalf, F. E. Whitney and J. R. Glascock 
prepared an address to Governor Waterman urging the appointment of Judge W. E. 
Greene of Oakland as successor to Jackson Temple on the supreme bench. The 
address was long and highly complimentary and said among other strong 
statements: "With a mind at once virile and judicial he unites a comprehensive 
knowledge of law and a sound judgment of human nature and its springs of action 
which eminently fit him for a judicial office. We have found him quick to 
comprehend, acute and logical in analysis, tireless in investigation and 
accurate and just in judgment. He is not a case lawyer, but a student of 
principles and is absolutely fearless and impartial in the discharge of his 
official duties."
        Late in June, Governor Waterman appointed Charles N. Fox of Oakland an 
associate justice of the supreme court to fill the Temple vacancy. He had become 
prominent and powerful in the practice here. He defended Prindle charged with 
the murder of Doctor Buck and secured his acquittal. Doctor Bowers was defended 
by him here and before the supreme court. He came to Oakland in 1875, served on 
the board of education, was sent to the Legislature.
        The suit of Henry Pierce against the Spring Valley Water Works was 
settled in the fall of 1889, the company compromising by paying the plaintiff a 
considerable sum of money to drop the case. The company had diverted the water 
of Alameda creek. Many suits hinged on this settlement.  The grand jury in 
December made a long report which was sharply criticised by Judge Ellsworth in 
open court. He stated that they had exceeded their authority in casting 
innuendoes of wrong doing upon many office holders and others.
        The case of Edson F. Adams vs. the City of Oakland concerning the 
validity of the annexation of the territory north of Lake Merritt came up for 
trial in December, 1890. Judges Ellsworth and Greene rendered a decision against 
the defendant. They held that the annexed territory comprising the greater parts 
of Adams Point, Vernon Heights and other tracts north of the lake were not a 
part of the city, because the act of 1883 under which the annexation proceedings 
were held was unconstitutional so far as it attempted to provide for annexation 
of territory to a city because it did not provide for the exercise of the 
elective franchise by residents of the annexed territory. This decision upset 
all the calculations of the city council and the friends of annexation. Taxes 
had already been collected from many in the annexed territory and generally the 
city's sovereignty had been extended over the residents there. But the city took 
immediate measures to remedy the trouble. 
        By 1890 the legal and judicial business of the county had grown into a 
vast system. As the social and commercial system became larger, more varied and 
more complex, it became necessary for clients to employ the best talent both on 
the bench and at the bar.
        In 1891 William Walkerley died in East Oakland leaving an estate valued 
at $650,000. He left a young widow to whom was born a son shortly after her 
husband's death. A considerable portion of the property was in this county. In 
court the claims against the estate were numerous. The following lawyers were 
present representing the various claimants: Martin, Williams, Hamilton, 
Sullivan, Ach, Plunkett, Bartlett, Olney, Bacon, Huxley, Coogan, Uhoon, Belcher, 
Nusbaumer and Firebaugh. The widow asked for an increased monthly allowance from 
$420 to $833. An important case in 1891 was that of J. B. Marvin against F. D. 
Black to dissolve their partnership in the Piedmont Hotel and receive an 
accounting. It was tried before Judge Ellsworth and was bitterly contested on 
both sides. Mr. Galpin was attorney for Marvin and Mr. Fitzgerald for Black. The 
case was settled by the withdrawal of Black upon the payment to him of a sum of 
money.
        In May, 1891, the county board appointed Robert M. Fitzgerald trustee of 
the county public law library required to be formed under a recent law. Mandamus 
proceedings against the county board in the matter of creating sanitary district 
No. 1 were withdrawn in September, 1891, and all the proceedings were 
accordingly set aside. Lorin had objected to the provisions in the petition. The 
boundary of the proposed district was very irregular but included the territory 
between the southern line of Berkeley and a line twenty feet south of Temescal 
creek and the bay on the west and Claremont avenue on the east.
        In October the county board appropriated $1,250 for new books for the 
law library. Late in December, 1891, the supreme court affirmed the decision of 
the superior court of Alameda county in declaring the first annexation election 
raid. This was the suit of the people on the relation of Edson Adams vs. the 
City of Oakland. The plaintiff claimed that the city was illegally exercising 
municipal power and jurisdiction over territory not within its corporate limits. 
It was claimed that this suit was brought, not because the Adams estate had any 
grievance to remedy, but to test the validity of the annexation proceedings.
        Late in 1892 two additional judges for the superior court were demanded 
by the attorneys of the county. A petition for such a change was prepared to be 
presented to the Legislature and was signed by nearly every lawyer in the 
county, as follows: J. E. McElrath, E. C. Chapman, Langan & Langan, E. C. 
Robinson, E. H. Shaw, F. E. Whitney, E. M. Gibson, S. B. McKee, Melvin Chapman, 
T. M. Bradley, J. H. Smith, S. F. Daniels, J. K. Piersol, John M. Poston, F. L. 
Button, H. A. Luttrell, W. J. Donovan, Metcalf & Metcalf, Dodge & Fry, E. A. 
Holman, G. M. Shaw, C. E. Snook, G. W. Reed, A. L. Frick, Robert Edgar, T. C. 
Huxby, E. K. Taylor, D. M. Conner, C. L. Colvin, J. C. Plunkett, R. M. 
Fitzgerald, C. H. Abbott, Frank J. Keauth, B. M. McFadden, J. B. Richardson, J. 
J. Allen, C. F. Craddock, F. B. Ogden, W. J. Robinson, Hall & Earl, C. J. Johns, 
R. B. Myers, Henry Miller, Max Marcuse, Fred V. Wood, F. W. Sawyer, E. J. 
Rodgers, S. G. Nye, E. Nusbaumer, T. F. Graber, A. M. Rosborough, A. A. Moore, 
W. D. Foote, John Yule, F. L. Krause, John R. Glascock, R. L. McKee, Cary 
Howard, J. W. Ward, E. H. Stearns, J. H. Brewer, Welles Whitmore, R. E. Hewlett, 
P. F. Benson, J. C. Martin, G. E. De Golia, H. B. M. Miller, J. A. Johnson, L. 
S. Church, H. A. Melvin, F. J. Brearty, R. B. Tappan, W. F. Aram, E. O. Crosby, 
F. C. Clift, H. F. Crane, A. W. Bishop and C. J. H. Palmer.
        In February, 1893, Governor Markham appointed Frank B. Ogden a judge of 
the superior court of Alameda county to preside over the new court created at 
this time. The county law library was closed to the public and to many of the 
lawyers who were taxed one dollar for each case filed by them. There were so 
many rules and regulations that the lawyers expostulated and declared that the 
library was of little or no use to them. It was managed by a board of trustees 
and was opened every week day from 9 o'clock to 5 o'clock.
        Late in May, 1895, the four superior judges sitting in bank decided that 
the legislative authority of the city had the power to call an election for the 
purpose of submitting proposed charter amendments to the qualified voters. The 
new board of public works was thus sustained in its proceedings. This decision 
legalized the amendments to the city charter.
        The banquet at the Athenian Club in November, 1905, given in honor of 
Judge T. W. Harris was attended by about forty members of the county bar, among 
whom were F. B. Ogden, James G. Quinn, J. E. McElroy, G. Nusbaumer, E. S. Page, 
G. W. Reed, E. C. Robinson, H. S. Robinson, C. E. Snook, J. W. Stetson, George 
Samuels, Mortimer Smith, E. E. Trefethen, W. H. Waste, L. S. Church, J. J. 
Allen, F. L. Button, E. J. Brown, Percy Black, J. J. Burke, T. D. Cornell, M. C. 
Chapman, Clarence Crowell, George E. De Golia, John De Lancey, R. M. Fitzgerald, 
J. R. Glascock, B. H. Griffins, S. P. Hall, W. H. L. Hynes, T. W. Harris, J. R. 
Jones, H. Johnson, G. C. Earl, E. M. Gibson, Benjamin Woolner, G. Russ Lukens, 
E. W. Eugs, Hermon Bell, R. C. Staats, P. M. Walsh, G. W. Langan, H. A. Melvin, 
D. F. McWade, Stanley Moore, P. J. Crosby, W. H. Donahue and E. G. Ryker. 
Speeches were made by Messrs. Chapman, Harris, Ogden, Melvin, Hall, Glascock, 
Fitzgerald, Moore, Lukens, Snook, Earl and Nusbaumer. George Reed, president of 
the county bar association, was chairman of this meeting.
        The Alameda County Law Association gave a banquet on March 4, 1896, and 
covers were laid for forty persons. The banquet was sumptuous and the speeches 
short, witty, clever and apropos. Ben F. Woolner was toastmaster. There were 
present, J. J. Allen, C. E. Crowell, Frank B. Ogden, A. L. Frick, W. R. Davis 
and others. Several of the most prominent attorneys could not attend.
        In January Judge Frick formed a partnership with ex-Judge Henry Goodcell 
formerly of San Bernardino county, under the firm name of Frick & Goodcell. The 
young men of the Alameda County Law Association held their first meeting under 
the new constitution on January 13, 1897. Much of the evening was spent in 
considering the life and works of Lord Erskine. The young lawyers' meetings were 
distinctly beneficial to the whole Alameda county bar. At their gatherings they 
discussed and analyzed many knotty and perplexing cases. Particularly did they 
discuss to what extent it was best to disregard legal precedent and adopt 
innovations in procedure that had stood like a wall for centuries. At one 
meeting they considered the subject of vested rights as in the celebrated 
Dartmouth College case.
        Judge Hall in March, 1898, held that the proceedings which annexed 
Temescal, Golden Gate and portions of Piedmont to Oakland were valid. Thomas 
Cuff brought the suit and was represented by Fitzgerald & Abbott. The city was 
represented by W. A. Dow and S. W. Condon. In May the Oakland bar assembled and 
passed suitable resolutions over the death of J. C. Martin. Speeches were made 
describing his personal and professional characteristics and qualities. As a 
lawyer he was witty, keen and brilliant. He was employed by large corporations. 
He came to Alameda county in 1870 and always sustained a good reputation.
        Early in March, 1899, the supreme court rendered the decision confirming 
the validity of the annexation proceedings. It was the case of Thomas Cuff vs. 
the City of Oakland. The annexation election of 1897 gave 1,909 for the measure 
and 667 against it. In May the supreme court affirmed the judgment and order of 
the superior court of this county in the case of Emilie G. Cohen and three 
others against the city of Alameda. It was a contest of the Cohen estate over 
the extension of Lincoln avenue. In 1899 Mrs. Jane J. Sather brought suit 
against William J. Dingee for $113,068, charging that he had withheld that sum 
while acting as manager of the estate. Her attorneys were J. A. Sanborn and A. 
A. Moore.
        In 1900 the county board employed W. R. Davis as special counsel to 
assist in the cases against Henry P. Dalton. Early in 1901, a recommendation 
signed by about sixty members of the bar, asking that another superior court 
judge might be appointed for this county was forwarded to the Alameda county 
members of the Legislature. Judges Greene, Ogden, Hall and Ellsworth concurred 
in this recommendation.
        In December Judge Ellsworth handed down a decision holding the Contra 
Costa Water Company responsible for the loss of property by the fire which 
destroyed the planing mill and furniture factory of Niehaus Brothers of West 
Berkeley in August, 1901, amounting to about $164,000. It was shown that 
although that company was paying for the use of seven special hydrants, the 
water pressure at the time of the fire was so light that the efforts of the fire 
department were futile. Early in 1902 an effort to revive the bar association 
was made. George E. De Golia and George W. Reed were the leaders in the 
movement. At a meeting early in February it was provided that all attorneys of 
good standing in the county could become members by signing the constitution, 
paying a fee of $2.50 and receiving a recommendation from the special bar 
committee. The meeting adjourned to convene at a subsequent date for fuller 
organization.
        The first juvenile court bill was introduced into the Legislature in 
1891, but failed to become a law. In February, 1903, another was presented and 
became a law. The superior judges and the women's clubs of this county had much 
to do with the success of the bill. Mrs. Anna M. Cushing was notably active in 
securing the passage of this measure with its accompanying probation 
regulations. The first judge to open and preside over this court was Frank B. 
Ogden. He was succeeded by Judges Ellsworth, Melvin, Harris, Brown and Wells. 
During the balance of 1903 fifteen children were presented for administration by 
the court, twenty-five in 1904, twenty-three in 1905, and thirteen in 1906. The 
scope of the court was not broad enough whereupon in 1907 a probation officer 
working full time was put on with the result that ninety-four delinquents were 
taken care of in 1907 and 153 in 1908. The next year the county assumed the 
control of the court, employed more deputies, when the number of petitions for 
probation increased to 175 and the following year to 283. In 1910 was 
established also the Child's Welfare League which aimed at preventive measures. 
The leaders in this organization were Miss Bessie J. Wood, Dr. Susan J. Fenton 
and Mrs. Eleanor Carlisle. The petitions for probation since 1910 have numbered 
annually about the last figures and the majority of cases do not appear in court 
at all—are settled in the probation office. Miss Anita Whitney was appointed the 
first probation officer and was assisted by Miss Helen Swett, Charles E. Merwin, 
Ezra Decoto and others. It was an experiment largely and nearly all the details 
of court procedure were required yet to be unfolded. Miss Whitney was secretary 
of the Associated Charities, well qualified for the duties, and was a niece of 
Stephen J. Field of the United States supreme court. The juvenile court law took 
effect April 27, 1903, and until the appointment of Judge Ellsworth, all the 
superior judges planned the initial steps. The fundamental principle upon which 
the court was based was reformation instead of punishment. In 1905 the first 
probation committee was appointed by all the superior judges in bank; they were 
Dr. Sarah I. Shuey, Mrs. Anna. N. Chamberlain, J. B. Richardson, George C. 
Pardee, Mrs. Frances H. Gray, Mrs. Anna M. Cushing and R. H. E. Espey. To this 
committee was assigned the duty of making all nominations to the probation staff 
and detention home employes. Under this committee Mr. Decoto was appointed first 
probation officer and was paid with money raised by the Oakland Club. He was 
succeeded in 1907 by Christopher Ruess who continues to serve down to the 
present time. Dr. Sarah I. Shuey was instrumental in raising the money to pay 
expenses. In 1909 the county began to pay the probation officer's salary and 
during that year a staff of five members was appointed to assist him.   No 
sooner were the benefits and wisdom of the measure assured than the workers 
widened its fields of operations. At once all cases possible went no further 
than the probation office. About two-thirds of all felony or penitentiary cases 
are referred to the probation office and about two-thirds of these are reported 
unfavorable and thus go no farther. Soon the probation office became 
departmental in its scope of operations. Miss Beatrice A. McCall, Miss Theresa 
W. Rich, Olie F. Snediger, Charles A. Wood, Robert Tyson and others were workers 
under the new delinquent system. Leonard D. Compton is at the head of the adult 
probation department. At first the detention home occupied a small room in the 
emergency hospital, but in 1909 moved into its present building. A large 
juvenile court building is one of the necessities of the near future.
        Judge William E. Greene died early in August, 1905. He was born in 
Maine, graduated in 1863 from Bowdoin College and arrived in San Francisco on 
August 17th of that year. In the fall of 1864 he stumped San Joaquin county for 
Abraham Lincoln and the following year was elected to the Legislature. In the 
meantime he had studied law and been admitted to the bar and in 1867 was elected 
county judge and thereafter until his death occupied the bench, except for a 
short period in 1874-75. The courts of this county paid appropriate tribute to 
his memory.
        In October, 1905, Governor Pardee appointed T. W. Harris judge of the 
Alameda county superior court to succeed Judge W. E. Greene, deceased. The 
judges of the superior court and many members of the bar joined in a petition 
recommending the appointment of Mr. Harris. He had lived and practiced many 
years in Pleasanton, but was then residing in Oakland.
        In March, 1907, the bill providing for an extra judge—the sixth—for the 
Alameda county superior court passed the Assembly. Everett J. Brown became 
superior judge in September, 1908. Judge Henry A. Melvin, of the superior court, 
was a candidate for supreme judge in the fall of 1908. He was nominated at the 
republican state convention. In 1908, the two public courts of Oakland earned 
$70,000 at a total expense of $12,000. These courts were presided over by Judges 
Samuels and Smith. The principal items of revenue were the lottery cases. In all 
about nine thousand cases were tried.
        In a condemnation suit over a tract of land at Twelfth and Fallon 
streets, in the fall of 1908, the owners were awarded $53,862; they had demanded 
$168,322. The Oakland Moot court consisted of two divisions in 1910: (1) The 
supreme governing body consisting of practicing attorneys and (2) a division 
including young men who were just commencing the practice of law and those who 
intended to do so or were studying law. The membership was about one hundred and 
meetings were held Monday evenings. B. B. Jones was president in 1910.
        In February, 1911, the Alameda Bar Association, in mass meeting 
assembled, protested against the bill before the Legislature providing for the 
recall of the judiciary. The resolutions were presented by Mr. Fitzgerald. In 
October, Governor Johnson spoke to a large audience at the Macdonough theatre on 
the initiative, referendum and recall, dwelling particularly on the latter. He 
favored the recall of the judiciary because "Judges are but men who are 
sometimes good and often quite bad."
        In December, 1912, the Alameda County Bar Association, at the annual 
banquet, paid formal tribute to retiring Superior Judge Ellsworth and Superior 
Judge-elect W .H. Donahue. After twenty-four years of faithful and creditable 
service Judge Ellsworth left the bench, to the great regret of the lawyers. 
Among the speakers were Henry A. Melvin, R. M. Fitzgerald, B. F. Woolner, Samuel 
P. Hall, W. H. L. Hynes, George S. De Golia and others. About seventy-five 
lawyers and judges were present.
        On November 23, 1913, Rev. R. S. Eastman said, "The legal profession is 
a dignified profession and one that needs the best of men. It needs Christian 
men. I know of no profession wherein Christian men are more needed than in the 
legal. I rank it, in this regard, next to the ministry itself." Late in 
November, 1913, the county board appealed to the supreme court the judgment 
rendered against them in the superior court in favor of the Spring Valley Water 
Company for the refund of $89,000 paid in taxes on riparian assessments in 
Washington township for the year 1911-12. Similar taxes for 1912-13 were paid 
under protest.