SAH JOAQUIN HISTORIAH PUBLISHED QUARTERLY BY SAN JOAQUIN COUNTY HISTORICAL SOCIETY VOLUME XIX
OCTOBER·DECEMBER 1983
NUMBER 4
MINUTE BOOK A - COURT OF SESSIONS (Civil)
SAN JOAQUJN COUNTY - CALIFORNIA - 1850-52
Annotations by Robert Bonta
(Continued from the July-September 1983 Issue)
The old 1850's Mansion House, later called the Windsor
Hotel, as it looked following its second major interior/exterior
renovation in 1946. This building is located on the northeast
corner of Hunter and Weber, north of the county courthouse.
PAGE 338
SAN JOAQUIN HISTORIAN
MINUTE BOOK A - COURT OF SESSIONS (Civil) (con't)
Archibald G. Stakes' defeat of incumbent O.
C. Emory for the position of County Judge
automatically made him the presiding judge of
the Court of Sessions for 1853. He served only
one year, being replaced at the following
election by Judge Jacob Shafer. Stakes' only
claim to fame while sitting on the Court was
the leadership he provided in the construction
of the county's first permanent jail and
courthouse buildings. He evidently practiced
law in Stockton until his election three years
later as an assemblyman representing San
Joaquin County. This proved to be but a one­
term position (1858) also, and here (in the
state legislature) his only claim to fame was
his introduction of a bill which "prohibited free
Negroes and other obnoxious persons from
immigrating to the state." It also provided
that any slave escaping his master by making
his way to California could be reclaimed by his
master without legal harassment. The bill
passed both houses and was signed into law by
Governor Bigler.
In the fall of 1862 we again take up the
threads of his life's story, when we find that he
has become a resident of Stanislaus County. In
the election of that year, running as a
Republican, Stakes lost the race for the
position of county district attorney by only two
votes, but was soon after appointed to the
position by the Board of Supervisors. He
served through 1863. and while in office ran in
the 1863 election for county surveyor--this time
listing himself as a Democrat. He served two
years in that position--1864 and 1865. Theninthe
1865 election, still running as a Democrat, he
was elected district attorney. When finishing
that term, in 1867, he ran for county judge (the
position he had held in neighboring San
Joaquin County for one year )--as a Republican­
-and iost.
In 1871 Stakes ran once more for county
judge--as a Democrat--and won. While still
serving in thatoffice, on December 26, 1873, he
died from injuries received as a result of a fall
from his wagon while visiting in Hill's Ferry
on the San Joaquin River. So ended--all too
abruptly--the career of another colorful San
Joaquin pioneer. Tinkham referred to Stakes
as a "gentleman," but one whose "financial
abilities were far superior to his legal
attainments. "
The Convention then proceeded to
ballot for Associate Justices as afore­
said and the ballots having been collected
and counted, the following is the result
of the first ballot:
B. G. Weir received two votes
A. C. Baine received two votes
G. B. Douglass received one vote
and there being no choice the Convention
proceeded to a second ballot and the
ballots having been collected and counted
the following is the result:
A. C. Baine received four votes
B. G. Weir received one vote
and it appearing that A. C. Baine had
received a majority of all the votes cast,
he was declared duly elected one of the
Associate Justices of the Court of
Sessions in and for the County aforesaid.
The Convention proceeded to ballot for
the other Justice and the ballots having
been collected and counted the following
is the result:
B. G. Weir received three votes
G. B. Douglass received two votes
and it appearing that B. G. Weir had
received a majority of the votes cast,
he was declared duly elected one of the
Associate Justices of the Court of Sessions
in and for the County aforesaid.
Little of interest was found concerning
Baine. He served just two years as an
associate justice, 1853 and 1854. In 1855 he ran
for district attorney but lost. Politically he was
a southern Democrat who strongly advocated
states' rights, and when George Kerr owned
the SAN JOAQUIN REPUBLICAN in the early
1850's Baine, along with William Root and
County Clerk A. C. Bradford, was a co-editor.
He served one year (1856) as a city alderman
(councilman).
Benjamin Weir held the distinction of being
the only person to serve continuously on the
Court of Sessions for its first four years. The
census of 1850 indicates that he was forty-eight
years old at that time, and was a native of
Virginia. The 1852 census noted that he had
come to California by way of Mississippi, and
that he resided in Stockton with his wife and
four children. He was involved with property-­
including the ferry--at Tuolumne City on the
Tuolumne River during the late 1870's and
early 1880's after the organization and
development of Modesto on the railroad line
had already doomed the pioneer settlement.
For further information on this interesting
pioneer personality please see Vol. XV, No.4,
p. 211.
SAN JOAQUIN HISTORIAN
PAGE 339
MINUTE BOOK A - COURT OF SESSIONS (Civil) (con't)
And thereupon the Convention ad­
journed sine die.
[signed] A. G. Stakes
County Judge
S. Co.
......, ...
This completes the hand-written entries
found in MINUTE BOOK A of the Court of
Sessions of San Joaquin County for the years
1850 through 1852. BOOK B covers the years
from 1853-55, until. by legislative action in
Sacramento, the Court of Sessions gave way to
the present county governing body, the Board
of Supervisors. (Actually. because the 1853
term began on December 6. 1852, BOOK B
contains a few 1852 entries as well.)
•• •••• • • ••
Due to the sheer size of the project just
concluded and the need to rely heavily upon
the few 'existing sources of information-­
particularly the county histories which .are
notorious for their inconsistencies--your editor
must apolOgize for those errors which have
slipped past his scrutiny. Although great care
was taken to cross-reference inform a tion
gleaned from these few sources in order to
minimize the number of errors, some have
made their way into print. In addition, a
number of typographical errors slipped
through the proof-reading, and we would like
to take this opportunity to correct these as well
as the other errors. Those which we have
discovered since the first issue on the Court of
Sessions (Vol. XIV, No. 1) appeared in March,
1978, are listed below. We ask that you refer
back to these issues and make the necessary
corrections.
Sorry. Mea Culpa! EDITOR
Vol. XIV, No.1, p. 153--Col. 1, para. 2, line 4
should read "1850 through December 6,
1852 . . . . "
Vol. XIV, No.2, p. 163--Col. 2, para. 2, line 5
should read "party's Stockton newspaper,
the SAN JOAQUIN REPUBLICAN .... "
Vol. XIV, No.3, p. 174-5--George W. Tombs'
surname was invariably spelled Toombs in
the San Joaquin and Stanislaus county
sources. However, the 1852 STOCKTON
DIRECTORY . . . spelled it Tombs. Also,
Francis Clark, author of STEVENSON'S
REGIMENT TO CALIFORNIA, used the
single vowel. As the two men served in the
same company and spent considerable time
as close acquaintances, your editor chose to
follow Clark.
Vol. XIV, No.4, p. 178--CoU, para. 1, line 3
should read "had established Woods' Ferry
. . . ." Index, p. 183, CoL 2, under Emory,
O. C., p. 168 should read 166.
Vol. XV, No.1, p. 191--Col. 2, para. 2, line 16
should read" ... a native woman who"
Vol. XV, No.2, p. 198--Col. 2, para. 6, line 5
should be omitted completely.
Vol. XV, No.3, p. 205--Col. 1, para. 4. This was
supposedly a description of the route declared
public on December 3, 1850, (please see the
original Court entry on page 202, Col. 2,
entry 162) running from Stockt.on to Mokel­
umne Hill and San Andreas In Calaveras
County. The roadway shown on the 1862 map
should not have been used as it was NOT
the same as this 1850 entry. This earlier route
continued along the south side of .the
Calaveras River until a point several mIles
EAST of BeUota, where it then crossed at the
Williams and Atherton's ferry. It then follow­
ed the river on its north side on into Calaveras
County. A second annotation error in this
issue--this one on page 207, Col. 1, para. 2-­
was noted previously but will be noted here
again: Slocum's Ferry was purchased by
Johnson therefore Slocum's and Johnson's
were on~ and the same ferry site.
Vol. XV, No.4, p. 209, entry 190--Although
clearly written O'~iel in the MINUTE BOOK,
the surname should probably be spelled
O'Neil. On p. 216, Col. 2, index entry Thayer
and Willamson (firm)--page 209 should read
210. Also, Willoims and Atherton's Ranch
should read Williams and Atherton's Ranch.
Vol. XVI, No.2, p. 230--Col. 2, para. 6. Most
sources spelled MacNish without the "a";
the MINUTE BOOK entries are spelled
Macnish. The form used in the HISTORIAN
was an arbitrary decision made by the editor
--and hopefully the proper one!
Vol. XVI, No.3, p. 237--Col. 1, para. 6, line 2
should read " ... in the form of scrip. Also,
p. 238, Col. 2, entry 7 discusses the various
forms of a surname that came up many
times in the court's MINUTES:
O'Neal, O'Neall, O'Niel, O'Neil, O'Neill--take
your pick. Sometimes the given names were
found to have been interchanged as well as
the surnames. Just how many of these people
really existed is open to question. Even the
township name bears two spellings--in books
as well as on maps, old and modern: O'Neill
and O'Neal. According to the Court of
Sessions entry made on August 5, 1853 (at the
time the Court created the township), the
SAN JOAQUIN HISTORIAN
PAGE 340
MINUTE BOOK A - COURT OF SESSIONS (Civil) (con'!)
spelling should be O'Neill. In the earliest
county history, Thompson and West's 1879
HISTORY OF SAN JOAQUIN COUNTY, it
is spelled O'Neil. Lewis Publishing Company,
in its county history, PEN PICTURES FROM
THE GARDEN OF THE WORLD (1890)
followed the 1879 spelling, and noted that the
township was named for a pioneer settler
out on the Mokelumne Hill road, and ex­
soldier, Edward O'Neil. Tinkham, in his 1880
HISTORY OF STOCKTON, made no mention
of either the man or the township; in his 1923
HISTORY OF SAN JOAQUIN COUNTY he
spells the name O'Neal, and says that it was
named after the well-known sheriff "of that
day." But O'Neal was not sheriff until 1857-­
four years after the township received its
name.
Vol. XIV, No.3, p. 176--Col. 1, para. 3; Vol.
XVI, No.4, p. 246--Col. 1, para. 2. William
Moss purchased Bonsell's Ferry in 1865--not
in 1856 as noted in both entries above.
- END OF SERIES ­
MINUTE BOOK A - COURT OF SESSIONS
SAN JOAQUIN COUNTY
MISCELLANEOUS
A brief description ofStockton in the fall of1849 from the
pen of Leonard Kip, early-day visitor to California, and
one ofthe few who took the time to jot down his observations
for future generations to read Stockton was not as large as San Francisco, nor by any
means as well built. There were but few board houses,
while those of canvas comprised four-fifths of the city.
The only hotel was canvas covered, and consisted merely
of a bar, gambling saloon, and dining room, sleeping ac­
comodations being a lUXUry which the proprietor either
had not the funds or the inclination to provide. Sundry
old vessels, which, having come up under foreign colors,
had only been allowed to discharge upon condition ofnot
returning, were tied close to the shore and converted into
fine roomy stores; and in these, together with a few
warehouses upon land, all the business of the city was
transacted. Stockton had not a particularly busy
appearance, however, being merely a way station between
San Francisco and the mines ....
.. Looking north on EI Dorado Street from the south bankof the
old Miner Slough in downtown Stockton (now part of Miner
Avenue). The house on the right side of EI Dorado was
constructed on the hull of a boat sunk in the slough. Note the
roof of the original st. John's Episcopal Church behind and
above the house roof.
SAN .JOAQUIN HISTORIAN
MINUTE BOOK A -
COURT OF SESSIONS (CIVIL) (con't)
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Present-day San Joaquin County Courthouse onthe original
• courthouse square in Stockton, California. This is the county's
third courthouse structure on the same site.
PAGE 341
PAGE 342
SAN JOAQUIN mSTORIAN
MINUTE BOOK A - COURT OF SESSIONS (Civil) (con'O
SAN JOAQUIN HISTORIAN MINUTE BOOK A -
PAGE 343
COURT OF SESSIONS (CIVIL) (con't)
Previous page: (top) Typical tule boat used by the Yokuts
Indians in the Delta waterways. (bottom) Area Yokuts used
tule mats spread over willow frames inthe construction oftheir
houses.
n
e
INDEX TO VOLUME XIX, NUMBERS 1·4
d
d
t.
VOL.
VOL.
VOL.
VOL.
XIX,
XIX,
XIX,
XIX,
NO.1 JANUARY-MARCH, 1983
NO.2 APRIL-JUNE, 1983
NO.3 JULY-SEPTEMBER, 1983
NO.4 OCTOBER-DECEMBER,1983
pp.313-320 Court
pp.321-328 Court
pp.329-336 Court
pp.337-344 Court
of
of
of
of
Sessions,
SeSSions,
SeSSions,
SeSSions,
Book A
Book A
Book A
Book A
e
If
I.
g
g
ng an
an
as ed ed
nd
)r, :1n
'1g
he
he
ht
of
Jd
1d
1d
Adams, J.T., 321, 323 Annals of Tuolumne Co., 322 Ashe, (Sheriff) R.P., 313, 331-2
Atwood,
,317,319
Baine, (Judge) A.C. 335, 338
Beacham, E.T., 323-4
Benedict's Ranch, 324, 326
Benson, John A., 330
Benson's Ferry, 324, 330
Billings, J., 321
Bonner, J., 319
Bonsell's Ferry, 320, 330-1, 340
Bradford, A.C., 316, 330-2, 335,338 Brannan, John, 330
Brooks, S.H., 316 Byrne, Patrick 0.,313-4 Byrne's Ferry, 313-4
Canavan, Edward, 313, 331
Chalmers' Ranch, 321
Claiborne, Gilbert, 333, 335
Clapp, John, 315,
Clark & Sirey's Ferry, 330
Clements, (Dr.) Joseph B., 316
Cogswell, Edwin, 324, 330
Collegeville (S.J.Co.), 321
Columbia House, 329-30
Comstock, E.H., 315
Copperopolis (Cali!.), 313
Curtis, G.A" 324, 330
Dale, John, 321-2
Davis bridge, 314
Dean, (Judge) Seneca, 323, 332 DeFerrari, Carlo (author), 322
Dent & Vantine's Ferry, 321-2
Dent Brothers, 322-3
Dent, John, 321
Dent, Julia, 322
Dickenson, Gallant D., 319 Douglass, D., 323-4 Douglass, G.B., 335, 338
Drummond, J.J., 324, 326
Dry Creek, 314-5
E.A. Thompson & Co., 316
Elk Horn Ranch, 324, 330
Emory, (Judge) O.C., 316, 324-5, 330-2,
334,338-9
Farmington (Calif.), 313, 321
Ferguson, M.C., 321,323
Flood, John A.J., 314
Fourteen Mile House, 321, 323 Galt (Calif.), 315
Gard, J., 323
Gardner, David B, 321, 323
Gard's Ranch, 323
Garrard,
, 321
Given, John, 324, 326
Golden Lion (hotel), 330
Goodman,
324,326
Grant (Pres.),
Gratton, Christopher, 313, 316
Gratton, John, 316
Grisham,
,330
Harding, (Col.)
, 331
Hawaiian Islands, 317
Heath & Emory's Ferry, 313, 319, 321-3,
334
Hedges & Buck (grocers), 332
,321-2
Henderson,
Hendrees, A.E., 319~
Herron, John, 331
Hill's Ferry, 319,338
History of Stanislaus Co" 323
Hodges, David W., 324
Hogan, James, 321
Hutchinson, M., 317, 319
Islip's Ferry, 335
Keeler, GW., 321-2
Kerr, George, 316, 338
Kip, Leonard (author), 340
Knight's Ferry, 314, 321-3
Lansing, James, 317,319
Lathrop & Johnson (firm), 331
Linden (Calif.). 330
Lockeford (Calif.), 314
MacNish, John, 339
Manley, T.S., 330
Mansion House (hotel), 326, 337
Mason,
,320
Masterson, E., 323
McCloud, Alonzo, 331
McCloud's Ranch, 313
McMullen, John, 323-4
McQueen, Alexander, 314-5
Mitchell, C., 314, 324, 330
Monterey (Calif.), 319
Moquelumne River, 314
Morton, E.H., 317, 319
Morton (Mr. & Mrs.) R. Kristian, 333
Morton's Ranch Hotel, 319
Nelson, _ _ _-'­
Newman (Cali!.), 319
Nichols, W.H., 324, 326
Noble, RW., 317, 319
Noble's House, 317, 319
Oakdale (Calif.), 321
O'Byrne's Ferry, 313-4
O'Byrne's Ferry bridge; photo, 314
O'Neil's Ranch, 323-4
Payton, V.M., 317,319
Phelps, CW., 317
Phelps, W.G., 317, 319
Ravenswood (ranch), 319
Richardson, J.B., 319
Rogers, Nathaniel, 321, 323
Root, (Judge) William, 338
Sacramento (Calif.), 315, 317
SI. John's Episcopal Church, 340
San Joaquin Republican, 316,325,334,
338-9
Shafer, (Judge) J.K., 316, 330-2, 334-5, 338
Shurtleff, (Dr.) GA, 313
Simpson & Co. Ranch, 317, 319
Simpson, James, 319
Simpson, William, 317, 319
Slocum, G. J., 320
Slocum's Ferry, 319, 330-1, 339
Stakes, (Judge) A.G, 334-5, 338-9
Staples' Ranch, 324-6
Stevenson, Archibald, 319
Stockton (Calif.), 313, 315-6, 319, 326-8,
340-1
Stockton Insane Asylum, 316
Stockton Journal, 324
Stockton Times, 335
Sullivan, F.J., 324, 326
Sutterfield, GW., 319
Taylor, O.B., 317
Terry & Hodge's Ranch, 324-5
Terry, (Judge) David S., 324
Thayer, George, 321, 323
Tombs, George W., 339
Trahern, G.W., 324
Tulloch Dam, 313-4
Vreeland, E.B., 320
Wallace, A.D., 316
Wallis, HW., 321-2
Walthall, Madison, 331
Ward, CA, 313
Weir, (Judge) B.G., 313, 334~5, 338
Wells, David, 323
PAGE 344
SAN JOAQUIN HISTORIAN
MINUTE BOOK A - COURT OF SESSIONS (Civil) (con't)
INDEX (CON'T)
White House (hotel). 332
Whiting. J.5.• 316. 331
Williams & Atherton's Ranch. 339
Williams. (Judge), Benjamin. 317. 327
Wilson. William, 317.319
Windsor Hotel, 326. 337
Winters. R., 323-4
Wood, GW.• 324, 330
Woodbridge (Calif.). 315
Wood's Ferry. 314, 330, 339
Woods. Jeremiah. 315
Yokuts Indians. 343
Yosemite House (hotel). 332
Zachariah, J .. 316
From the Stockton I..im.J!s. newspaper, March 1, 1850:
JOIN AND SUPPORT YOUR
SAN JOAQUIN COUNTY HISTORICAL SOCIETY
The Quarterly of the
SAN JOAQUIN COUNTY
HISTORICAL SOCIETY. INC
Published Four
Tim('~
MISCELLANEOUS
Each Year
P O. Box 21. Lodi. California 9524J
Editor: Hobert Monta
The San Joaquin County Historical Society, a
non-profit corporation. meets the fourth Mon­
day of each month except for July. August and
December. Membership Includes a subSCrip­
tion to the San Joaquin Hlatorian. Non­
members may purchase individual copies from
the Society's Secretary at $1.00 per copy. The
Society also operates the San Joaquin County
Hlstortcal Museum at Micke Grove. Persons
wishing to donate items should contact the
Museum Director.
On Monday night last, about 10
Escape of prisoners.
0' clock, while the Sheriffand Gaoler (jailer) were sitting
below the rooms where the prisoners are confined - in a
wooden building on the Peninsula - they were alarmed by
the noise of chains outside the building. The gaoler im­
mediately rushed out with a six shooter and captured a
prisoner ofthe name ofScott. It appears that the prisoners
had broken the leg off a table, and using it as a lever, had
succeeded in breaking their chains. They then forced the
bars from the window, and having opened it, walked
along the veranda outside to Mr. Knight's store, where
they jumped to the ground. Little Joe, who, it will berec­
ollected, stabbed a Mexican boy some few weeks ago,
was captured a few minutes afterwards. by a Frenchman
who had recognized him. Mickey, it appears, did not
break loose. Nine prisoners have escaped, most of them
charged with theft; and we cannot allow this opportunity
to pass without calling the attention of the proper
authorities to the want ofsufficient sec urity in the building
in which the prisoners were confined. It is in consequenee
of this insufficiency that these rascals have escaped, no
doubt only to commit further depredations. At the same
time, it is right to state that we consider no blame can
attach to the Sheriff, but believe him perfectly competent
to the duty which he fulfills.
(Please refer back to the October - December, 1978
Historian (XIV, No.4) for a discussion of jail facilities
in early Stockton, pp. 178-181.)
Officers of the
SAN JOAQUIN COUNTY
HISTORICAL SOCIETY
(1983 - 1984) James Beardsley ...................................... President
Thomas Shephard ....................... 1st Vice President
William Owen ............................ 2nd Vice President
Mrs. Sylvia Minnick ................. RecordIng Secretary
Ms. Sandra Barese ............ Corresponding Secretary
Howard Lewis .......................................... Treasurer
Directors
Robert Bonta
George Danver
John C)T
Frank Bodin
SA~
JOAQCI:\ COIDiTY HISTORICAL
MUSEL~f
Michael W. Bennett ................. Director Micke Grove Park 11793 N. Micke Grove Road. Lodi, California Post Office Box 21. Lodi. California 95241 Phone (209) 368-9154 or (209) 463-4119