Sierra County History Illustrated History of PLUMAS, LASSEN & SIERRA Counties with CALIFORNIA from 1513 to 1850, Farriss & Smith, 1882, San Francisco Transcribed by Peggy Hooper, Oct 2009 This file is part of the California Genealogy & History Archives http://calarchives4u.com/ These electronic pages may NOT be reproduced in any format for profit or presentation by other organizations. Persons or organizations desiring to use this material for non-commercial purposes, MUST obtain the written consent of the contributor, OR the legal representative of the submitter. All persons donating to this site retain the rights to their own work. THE COURTS AND JUDICIARY. DISTRICT COURT. Under the law of 1850, Yuba county, of which Sierra was then a part, was in the eighth judicial district, and the first term of the court was commenced at Marysville June 3, 1850, by Hon. William R. Turner. The jurisdiction of this court was very large, including chancery, civil, and criminal cases. In 1851 the legislature formed Yuba, Nevada, and Sutter counties into the tenth judicial district, and Hon. Gordon N. Mott was appointed by the governor to fill the vacancy caused by the removal of Judge Turner to another district. At the opening of the district court, October 10, 1851, Hon. W. T. Barbour was present, with a commission from the governor as district judge. He desired an interview with Judge Mott before making the formal demand for the office, and the court was adjourned until two o'clock in the afternoon. During the recess Judges Mott and Barbour, together with the members of the bar, held a consultation together. Judge Barbour stated that he had a commission from the governor, given in consequence of his election to the judge- ship by the people at the last general election, and that he had taken the constitutional oath of office. Judge Mott stated that lie also had a commission from the governor as district judge, and claimed that, as his commission was given to fill a vacancy in the office occasioned by the failure of the legislature to elect, and as it did not mention the term for which he was to hold office, it would hold until the election of district judges in 1852. The constitution provided for the filling of such vacancies "at the next election by the people," and the question of right lay on the interpretation of these words whether they meant the next election, or the next regular election for the office to be filled. Upon the assembling of the court in the afternoon, Mr. Barbour appeared and demanded the office and records, and then the court adjourned to allow the matter to be carried to the supreme court. There it was decided that Mr. Barbour was the rightful claimant to the position, and he took his seat without further interruption. In 1853 Sierra county, having been organized the year previous, was placed in the tenth judicial district, with Yuba, Nevada, and Sutter counties. The first session of the district court was held in Downieville, July 5, 1853, with Judge William T. Barbour on the bench. In 1855 Nevada, Sierra, and Plumas counties were united as the fourteenth district, and the Hon. Niles Searles of Nevada City became judge. In 1857 Plumas was detached, the district being too large. Two years after, in 1859, Sierra was joined to the seventeenth district, consisting of Sierra and Plumas counties, to the judgeship of which Peter Van Clief of Downieville was appointed by Governor Weller. He served on the bench one year. At the fall election of 1859 Hon. Robert H. Taylor was elected district judge. He was a resident of Downieville, and two years previous, when Sierra was a part of the fourteenth district, had been nominated for judge, but did not succeed at the election. In 1859 he was the nominee of the Douglas wing of the democratic party, and as such defeated Judge Van Clief, the regular democratic nominee. He resigned the position in May, 1862, and Hon. L. E Pratt of Sierra county received from the governor the appointment as his successor. Judge Pratt served out Taylor's term, and in April, 1863, Sierra county was added to the tenth judicial district, which consisted of Yuba, Sutter, Colusa, and Sierra counties. Hon. I. S. Belcher of Marysville was elected judge that fall, and held the position until 1869, when Judge Phil W. Keyser of Sutter county was elected to the position, and held it until the adoption of the new constitution in 1879, at which time the district courts of California were abolished and superseded by the superior courts. COURT OF SESSIONS. Owing to the loss of the earliest minutes of the court of sessions, the date of the first meeting of that body cannot be definitely ascertained. Judge McCann organized the court some time in July, and appointed as his associates H. G. Brown and A. S. McMillen. The first proceedings on the records we quote: "MINITS OF THE COURT OF SESSIONS. "At a special term of the court of sessions, held August 19, 1852, present, Hon. Ferdinand J. McCann, judge; H. G. Brown, associate judge; Wm. J. Ford, sheriff; J. Webb Nicholson, clerk. It is ordered by the court that the sheriff shall collect fifty cents on every hundred dollars, for the purpose of county taxes. It is further ordered that the petition of J. W. Dunn for auctioneer be granted for the sale of auction goods in the town of Downieville, on the plaza. It is also ordered that the petition of R. H. Martin be rejected on account of its not complying with the requirements of the statutes. "It is ordered that the petition of Henry Kingsley be granted for inn-keeping in Sierra county. It is further ordered that this court adjourn until Monday, 28th August, 1852." The next meeting did not occur until the thirtieth of August, at which time the sheriff was instructed to be at Goodyear's bar on the fifteenth of September, for the purpose of collecting taxes, and he was allowed one week in each election precinct for such purpose. Licenses were then granted to Samuel Aston and James Golden to sell wares and liquors, and to R. H. Martin for auctioneering. The first grand jury for the court of sessions was drawn at the regular term in October. Twenty-one names were drawn by the sheriff, but on the eighteenth only seventeen were sworn as a grand jury. Their names are G. B. Bope, Samuel "Walker, Charles H. Cummings, Louis Day, Charles Simmons, Richard Hobbs, Adam Young, F. M. Proctor, Thomas Clement, G. M. Lechtenberger, James W. Hamilton, Benjamin Green, George Pierson, Malcom S. Scott, N. R. Shaw, Daniel Shepp, Barnabus Hallett. C. H. Cummings was elected foreman, and Thaddeus Purdy delivered the charge to the jury. The first indictments found by this body were against Frederick Ketzler, Charles Ketzler, and James McKibben, for assault with deadly weapons on Alanson Smith; against John Carter, for assault with intent to kill on H. Kelly; against George Richardson, James Richardson, and Albert T. Turner, for constructing unlawful bridges; and against William Taylor and James Taylor for murder. The court of sessions continued to transact the business of the county now done by the board of supervisors until the supervisor system was adopted in the state in May, 1855, when it became merely a criminal court, subordinate to the district court. In 1863 it was abolished altogether, Judge S. B. Davidson being then on the bench. The judges who presided over the court of sessions during its existence were Ferdinand J. McCann, S. J. Pettibone, P. C. Shaffer, Alanson Smith, William Campbell and S. B. Davidson. Those who sat as associate justices before the establish ment of the board of supervisors are as follows: H. G. Brown, A. S. McMillen, L. B. Graham, Daniel F. Finley, Charles Stanwood, George A. Booth, J. H. Marshall, S. J. Pettibone, C. D. Aiken, H. McNulty, C. L. Thomasson, Louis Bartlett, William Patterson, A. J. Howe, and G. Harris. COUNTY COURT. The county court for Sierra county held its first session in Downieville March 7, 1853. Sheriff William J. Ford pronounced, in stentorian tones, the "Oh, yes! Oh, yes!" that summoned the bar and spectators to the tribunal of justice; while the Hon. Ferdinand J. McCann sat upon the bench, and J. Webb Nicholson transcribed in a clerkly hand the proceedings. The court-room was on the second floor of John Craycroft's mammoth saloon, the fortunate location being very conducive to frequent adjournments for refreshment. In 1 855 the board of supervisors having accepted the new court-house, the court was transferred to the classic precincts of Durgan flat, where it continued to be held until the adoption of the new constitution, in 1879, which did away entirely with it. SUPERIOR COURT. By the adoption of the new constitution, in 1879, the district and county courts were abolished, and supplanted by the superior court with the same jurisdiction of both the others. At the election in the fall of 1879, D. H. Cowden was the republican candidate for superior judge of Sierra county, and A. J. Howe was the democratic nominee for the place. The latter was successful over his opponent by a party vote, and immediately entered upon his official duties. Judge Howe holds the office until 1884, when his successor is qualified. SIERRA COUNTY BAR. Following is a complete list of the attorneys at law who have resided in the county and practiced in the courts of Sierra county, together with the dates of their admission to practice, so far as they can be ascertained. Those marked with an asterisk are the present members of the Sierra county bar. *Francis Anderson July 22, 1869. J. A. Brooks July 25, 1853. D. T. Berry April 30, 1 854. Louis Bartlett December 7, 1855. S. F. Brown November 13, 1857. T. J. Bowers April 6, 1871. A. W. Baldwin April 6, 1871. E. Barry April 6, 1871. H. B. Cossitt July 5, 1852. J. A. Clark December 7, 1855. W. W. Crane September 15, 1856. R. Campbell March 9, 1857. W. Campbell July 18, 1857. J. F. Cowdery September 19, 1859. D. H. Cowden March 10, 1862. J. P. H. Cowden April 4, 1866. _____Compton April 23, 1866. William Cain April 23, 1866. *___ Church 1882. A. Druillard April 28, 1852. *S. B. Davidson June 13, 1861. J. Frazee August 1, 1853. *M. Farley T. W. Gilmore March 13, 1856. John Gale October 6, 1862. H. L. Gear November 28, 1863. James Galloway Erastus Gates I. L. Hogan November 1, 1852. S. C. Huff October 24, 1854. 0. C. Hall November 26, 1855. *A. J. Howe December 3, 1855. R. D. Hill June 9, 1856. I. G. Hargraves August 28, 1860. J. M. Haven March 31, 1864. *John Hodgess July 19, 1867. Creed Raymond G.C. Hough O. F. Hakes January 9, 1877. J. A. Johnson November 9, 1861. Moses Kirkpatrick November 3, 1855. A. J. Lowell June 9, 1856. R. C. Logan July 7, 1856. Joseph McKibben July 5, 1852. J. C. Musser October 24, 1854. T. H. Merry March 11, 1861. J. P. O'Grady April 2, 1864. *L. H. Osgood October 27, 1879. J. B. Pittman July 26, 1853. S. J. Pettibone October 24, 1854. J. R. Plunkett November 3, 1855. C. H. Patchin April 20, 1868. L. E. Pratt May 4, 1860. Alonzo Platt Thaddeus Purdy 1852. S. W. Schultz September 8, 1857. Southworth September 8, 1857. J. G. Stephenson July 19, 1864. P. C. Schaffer April 18, 1854. W. S. Spear 1852. Alanson Smith W. M. Stewart *F. D. Soward October 26, 1875. *S. A. Smith. October 27, 1879. Robert H. Taylor November 8, 1853. O. B. Tyler September 15, 1856. R. Tregaskis July 18, 1857. J. Tidball December 12, 1859. C. T. Tracey .April 13, 1866. Harry I. Thornton, Jr A. Van Clief November 19, 1855. *Peter Van Clief A. P. Williams May 3, 1858. *George Wood *F. B. Wehe April, 1882.