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by the next opportunity. There is nothing new to write about here excepting the dullness of the place, and the great scarcity of that (never can do without) money. Was the Judge here, under the new law we could purchase and open one or two mines, get them recorded, and have good title, etc.
“Good-bye. Love to all. Regards to all, Judge, etc.
"J. RICHMOND. “Do not let the Judge forget a pistol for me, large size, Colts, ammunition, &c. Powder worth here $12. per pound in gold.
“Tubac, Arizona, May 31st, 1865. “Dear Father:
"Your kind letter of the 25th March with enclosure, First National Bk. Aurora, on the 4th Nat. Bk., N. Y. is at hand. It is some time since I had received a letter from you, and I have read this one over several times and have compared the prospects of this country with those offered by you at home in a civilized community.
“There is but little doubt but that this country is rich in mineral but it will take years to develop it. Most of the veins in Southern Arizona are found in a barren range of mountains where vegetation is unknown, water is scarce, if to be found at all, and wood is out of the question. Sage brush, saguaro, and grease wood is found only in sufficient quantities for cooking purposes. The veins are distant from the depots of supplies. The war in Sonora has cut off the
. transportation through that country and the only source we have now to expect is from California
via Fort Yuma. The Cerro Colorado Mining Co., have suspended work for the third time. Their men are all thrown out of employment with no means of getting out of the country. The Santa Rita company have also suspended work with no money to pay it off.
“Mines cannot be worked here as in Cal., where they have the advantage of an extensive seaboard, a large inland supply, and a population sufficient for the protection of miners and freighters. The Government is sending troops in to this country for the purpose of cleaning out the Indians; how many troops have been sent to this country within the last eight years with like orders! They are sent here to lay around in quarters until their time is out, when new recruits occupy their place. They have done but little good in the protection of people who are desirous of developing the country.
“My roving disposition is satisfied. I think I have seen it all and am now willing to settle down as you recommend. If it is agreeable, I will go East with that intention, bringing with me specimens and surveys of a few mines which I may dispose of provided there are purchasers.
“Gov. Bashford left some six weeks since for the East. He was anxious for me to accompany him. He left disgusted with the country.
“Much love to all. "Write soon,
“JONATHAN. “There is no prospect of our having a court here this year. Everything is upside down, most of the officials having left the country. Let me know as soon as you receive this so that if I shall conclude to leave here I may get away before winter. I direct it officially so that it may go through. Do not dispose of the Aurora homestead. Much love to all.
“JONATHAN.” As before stated, the author of the foregoing letters, returned East, and spent the balance of his life upon a ranch in Shawnee County, Kansas.
The first term of court was held in Tucson in May, 1864, after which Judge Howell went East on account of the sickness of his wife, and shortly after returning to the Territory, resigned his position; consequently there was no court held in Tucson until his successor, Henry T. Backus, was appointed in 1865.
Associate Justice John P. Allyn ran for Delegate to Congress in 1866, and was defeated, when he resigned his position on the bench, and Harley H. Carter, of Michigan, was appointed his successor.
Chief Justice Turner resigned in 1871, and was succeeded by John Titus.
The first term of court in Prescott was held for the purpose of organizing, in the early part of September, 1864, while the first Legislature was in session. The first regular term was held in the latter part of September, 1865, with Chief Justice Turner on the bench. According to the Fish manuscript the jury came into court armed with their guns and pistols. The Judge, after some hesitation, finally administered the oath to the jury, which, to him, appeared to be an armed mob.
The following day the Judge was giving some instructions to the jury, when they all seized their arms and rushed out. This action was soon ex
plained. A herd of animals had been attacked by the Indians and a signal had been given which one of the jurymen had seen. On arriving at the spot they found Tom Simmons fighting manfully. He had killed three Indians, and on the approach of the jury and others, the enemy ran away. The jury then returned to the courtroom, and the next day the Judge brought his firearms to court with him. Mr. Fish says that he obtained the foregoing information from W. H. Hardy, who was present at the affair.
The Probate Court of Yavapai County was organized in 1864, and the first record of that Court is as follows: “Probate Court, Third Judicial District, Ari
zona Territory. “Court met Monday, September 5th, 1864, at 10 o'clock a. m.; present, His Honor Hezekiah Brooks, Judge; F. G. Christie, Clerk, and Van C. Smith, Sheriff. The appointment of Hezekiah Brooks as Judge of the Third Judicial District, A. T., was ordered to be read, and the appointment of F. G. Christie as Clerk of said Court was ordered to be entered on the minutes of said Court. There being no further business before the court, it adjourned for the term. Hezekiah Brooks, Judge.”
Charles B. Genung was the first administrator appointed by the Court, being appointed administrator of the estate of J. W. Beauchamp, deceased, in September, 1864.
The foregoing is all that I have been able to obtain concerning the organization of courts in Arizona.
The first session of the Supreme Court of the Territory was held in Prescott in January, 1866. The records of this court were very carelessly kept in the early days as will be seen from the following extract from the preface to the second volume of the Arizona Supreme Court Reports, by E. W. Lewis, the Supreme Court reporter:
“Since the publication of volume one of the Arizona Reports in 1884 there have been no official reports of the decisions of the Supreme Court of the Territory of Arizona. The difficulties in now preparing complete and accurate reports have not been few. In the earlier years the court held its sessions in various parts of the Territory, at Tucson, Prescott and Phoenix, and doubtless this largely accounts for the regrettable lack of completeness in the files and records of the court. In many of the cases filed prior to 1894, when the court established its permanent seat at the capital, the original papers are missing; in others but a portion are to be found. The records of the court in these early years in such minor details as the names of counsel, from what court the appeal was taken, and the name of the trial judge, are incomplete, and, in some instances, contradictory. No opinions have been recorded in permanent form from 1877 to 1886, and a few opinions which appear in the first volume of these reports, as well as in the later Pacific Reporters, cannot now be found. The older minute records show a number of opinions as filed or to be filed which either never were filed or have since been lost. Quite a number of opinions have been found filed among the original papers and unrecorded which have not been heretofore published. It is needless to say that every effort has been made to find the missing files, and to ascertain the true state of the record, and, though