San Luis Obispo County History Transcribed by Peggy Hooper This file is part of the California Genealogy & History Archives http://www.rootsweb.ancestry.com/~cagha/index.htm 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. Source: A Memorial and Biographical History of the Counties of Santa Barbara, San Luis Obispo, and Ventura, California by Yda Addis Storke Published in 1891 in Chicago by the Lewis Publishing Co. BENCH AND BAR. After the adoption of the constitution of the State of California, the office of county judge of San Luis Obispo was first held by Don Jose Mariano Bonilla, a native of the city of Mexico, who had been judge of the first instance under the Mexican rule, and sub-prefect and alcalde under the military government, after annexation and prior to the adoption of the constitution. It is related of Senor Bonilla that his keen sense of justice was once severely outraged in the trial of a case between two Mexicans, in- volving the ownership of a horse. Judge Bonilla and W. J. Graves were the only lawyers in the county, and. Graves having been retained by the plaintiff and Bonilla occupying the bench, the defendant was left without an attorney. This seemed to the judge such a hardship that he summoned the sheriff to preside over the court, while he himself descended from the bench and devoted to the cause of the defendant all his ability and energy. That he was thoroughly impartial and unbigoted appears from the fact that, after due deliberation, he rendered judgment for the plaintiff, against his own arguments! To Judge Bonilla succeeded (elected in 1850) John M. Price, who also had been alcalde. He served less than one year, when he was followed by William J. Graves, who had been a member of the State Assembly and of the State Senate. O. M. Brown was next elected to this office, taking his seat in March, 1853. He held the position for two years, and was succeeded by Romualdo Pacheco, a member of one of the old Spanish-American families, prominent in California both before and after annexation. Mr. Pacheco held various important offices in the State, including that of Governor. In 1857 Jose Maria Munoz was elected county judge to succeed Pacheco. Judge Munoz was a native Californian, well educated in Spanish, but unable to speak English. His opposing candidate was ex-Judge Jose M. Bonilla. Judge Munoz held the office until 1861, when he was succeeded by Dr. Joseph M. Havens, one of the pioneers of California. In 1863 Dr. Havens was succeeded by William L. Beebee, one of the oldest and most respected citizens of San Luis Obispo. Again Mr. Beebee was elected in 1867, and was confirmed in his seat after a protracted and expensive litigation, the election having been contested by Charles Lindley. In 1871 the choice for county judge was McDowell K. Venable, who since 1869 had held a high position at the bar here. In 1875 he was the only candidate for county judge, and received almost the entire vote of tile county. He continued in this office until it was abolished by the adoption of the new constitution. The constitution provided for the division of the State into judicial districts, and that at its first session the Legislature should elect for each district one district judge, who should hold office for two years from the 1st of January succeeding his election, after which the judges should he elected at the general election, to hold office for six years. This court was given original jurisdiction in law and equity; in all civil cases where the amount in dispute should not exceed $200, exclusive of interest; in all criminal cases not otherwise provided for, and in all issues of fact joined in probate court. Henry Amos Tefft was the first gentleman elected by the Legislature judge of the dis- trict comprising San Luis and Santa Barbara counties. He held the office until February 6, 1852, when, returning from holding court at Santa Barbara, he was drowned in San Luis Obispo harbor while attempting to disembark from the steamer Senator. The sad death of Judge Tefft left vacant the chair of this district court, and to it was appointed, in February, 1852, Joaquin Carrillo, then county judge of Santa Barbara. This gentleman was a grandson of Raymundo Carrillo, the first commandante of Santa Barbara presidio. Judge Carrillo was not familiar with the English language, and when cases were tried in that language it was necessary to interpret to him the court proceedings. Yet the Carrillo family having high rank and influence, he was elected with- out opposition district judge at the ensuing general election, and he continued to hold the office until 1863. He was in character at once imperious and convivial, as appears in an incident related by Mr. D. F. Newsom, who was appointed county clerk in 1853. Judge Carrillo one day asked Mr. Newsom to join him in a social glass, and Mr. New- som declined, as he never took wine or liquor. Thereupon the judge took umbrage, declaring that a man who would not drink was not fit to be clerk of his court, and that for the discourtesy he would remove him from office; accordingly the sheriff was called upon to furnish a deputy to act as clerk. Now there was here no one qualified for this position save Mr. Newsom, whose knowledge was of the greatest usefulness and importance in the public functions, badly organized as generally were the offices. Therefore the sheriff promptly appointed Mr. Newsom deputy sheriff, and detailed him to act as clerk, which office he continued to till without opposition or comment from Judge Carrillo. After the census of 1860 the State was reapportioned into judicial districts, and San Luis Obispo, Santa Barbara, Los Angeles, San Bernardino, and San Diego counties were grouped into the first district. An amendment to the constitution hereafter segregated the judicial from the political election, ordering them to be held at different times. At the election in 1863 the candidates for judge of the first district were Pablo de la Guerra and Joaquin Carrillo, of Santa Barbara, and Benjamin Hayes of Los Angeles, the first men- tioned being elected. Judge de la Guerra was one of the most notable of the Spanish- American citizens of California. He was born in Santa Barbara, his father at the time com- manding the presidio of Santa Barbara. Don Pablo de la Guerra filled a conspicuous role in public affairs in California, both before and after annexation. He held at different periods the offices of supervisor of customs, judge of the first instance, member of the constitutional convention, State Senator, president of the Senate, and, by succession, Lieutenant-governor. He was re-elected to the office of district judge until 1869, and remained the incumbent until failing health compelled his resignation in December, 1873, he dying some two months later. On the resignation of Judge de la Guerra, Governor Booth appointed to the vacant position Hon. Walter Murray, who in 1869 had been a candidate for the position, carrying San Luis Obispo County, but being defeated by the large vote cast in Santa Barbara County in favor of Don Pablo de la Guerra. He was a man of firm convictions, immovable principles, and great independence of character. Unfortunately, he survived his predecessor but two years, dying at San Luis Obispo, October 5, 1875. In the campaign of 1875 Walter Murray was the promising candidate to succeed him- self; but, he dying just before the election, the next preferred was Eugene Fawcett, of Santa Barbara, who continued in this office until it was abolished by the new constitution. He was then, in September, 1879, elected in Santa Barbara County to the new office of superior judge, created by the new constitution; and, taking his seat January 6, 1880, he died within three days. The new constitution, adopted in 1879, entirely reconstructed the judiciary system in California, abolishing the district courts, and replacing them by superior courts, one to each county. In San Luis Obispo, Louis McMurtry was elected superior judge on a union ticket, defeating the nominee of the workingmen and new constitution parties. Mr. McMurtry at this time had been district attorney since 1877. He fulfilled the duties of this new office with great credit, but was shortly stricken with disease, and died February 11, 1883. The vacancy left by the decease of Judge McMurtry was filled by appointment, Governor Stoneman attending the prayers of a preponderance of constituents in selecting Durrell S. Gregory, to whom had been paid the compliment of admitting him to practice by special act of the Legislature. Judge Gregory had a brilliant reputation in his profession, and had served two terms as State senator. He had been district attorney in Monterey County, and in 1860 he had been sent as a delegate to the memorable Charleston convention. Judge Gregory discharged the duties of this office for some years, and until his death, which befell on June 5, 1889. During the last few months of his incumbency San Luis County had had a second judge in the person of Hon. V. A. Gregg, who had been appointed February 8, 1889, by virtue of a special act of the Legislature. Judge Gregory's office ceased with the expiration of his incumbency. Though the election records of 1850 do not mention the office of district attorney, O. M. Brown, afterward county judge, was appointed by the court of sessions to fulfill the duties of such office. After him, in 1851, was appointed Parker H. French, of unsavory record in connection with Walker's filibustering expedition to Nicaragua, and other questionable proceedings. Hubbard C. M. Ely was elected to this office in 1853; and W. J. Graves was elected in 1855; and he, being elected the following year to the Assembly, was followed by James White, appointed by the board of supervisors. Walter Murray was elected in 1859, and P. A. Forrester in 1861; James White followed him in 1863; and Walter Murray once more became district attorney in 1867. He was succeeded by Newton Dennis Witt, who filled the term. Then, in September, 1871, was elected A. A. Oglesby, who was re-elected in 1875. After Mr. Oglesby came Louis McMurtry, afterward superior judge. He was district attorney from 1877 to 1879, when Ernest Graves, son of the pioneer, Hon. W. T. Graves, was elected by the workingmen and new constitution parties. Graves was. re-elected in 1882. Mr. F. A. Dorn is the present district attorney (October, 1890), the former incumbent, Mr. Arthur R. Earll, having died in June, 1889. In the early days there were few lawyers in San Luis Obispo, yet since the organization of the county the bar here has comprehended eloquent and able lawyers. Among these may be mentioned Frederick Adams, Judge Robt. C. Bonldin (died December 16, 1879), R. M. Preston (died in Sonoma County, 1882), W. H. Spencer, J. M. Wilcoxen, Jasper N. Turner, C. H. Clement, J. R. Patton, and R. B. Treat, who, with those already mentioned, and others now practicing, present a fine array of talent. There is no regular bar association in San Luis County, although there is a good mutual understanding among the attorneys. There are seventeen lawyers resident at the county- seat, and various others in the interior towns. The oldest and best known of these gentle men are: � Judge McDowell R. Venable, Cyrus Wren Goodchild, Ernest and 'William Graves, William Spencer and J. M. Wilcoxen. San Luis Obispo County contains thirty-seven election precincts, as follows: � Arroyo Grande, No. 1, Arroyo Grande, No. 2,. Avenales. Beach, Cambria, Carriso, Cayucos, Cholame, Chorro, Corral de Piedra, Creston, Cuesta, Estrella, Huasna, Josephine, La Panza, Las Tablas, Los Osos, Lynch, Morro, Nipomo, Orcutt, Oso Flaco, Painted Rock, Paso Robles, No. 1, Paso Robles, No. 2, Piletas, San Jose, San Juan, San Luis Obispo, No. 1, San Luis Obispo, No. 2, San Luis Obispo, No. 3, San Luis Obispo, No. 4, San Miguel, San Simeon, Santa Margarita, Templeton.