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Show ee 396 LEADING FACTS OF NEW MEXICAN curred, the southern portion of the territory requiring it on account of the great increase in population, and litigation of serious importance. By this arrangement the major portion of the business of the courts was thrown into the first district, which covered the entire northern half of the territory, embracing seven counties 3?! until the county of Santa Ana was abolished, when there were six. 1846, Charles Beaubien (Kearny Benedict; 1858, W. G. Blackwood. court); Bergen; 1870, Benjamin 1851, Horace Mower; 1853, Kirby (District in the south, Dofia Ana, Lincoln and Grant), 1861, Joseph G. Knapp; J. Waters; 1865, Joab Houghton; 1871, Daniel NEW HISTORY B. Johnson; 1869, Abraham 1872, Warren Bristol. Perry E. Brocchus, associate justice of the supreme court, in 1857-1859 and again in 1867-1869, was a native of Baltimore, Maryland. He was appointed the first time by President Buchanan. Before coming to New Mexico, he had been associate justice of the supreme court of Utah, appointed by President Fillmore. He was also appointed in 1861, but, owing to his inability to cross the plains, did not qualify. He was removed from office by President Grant in 1869. He was a man of great force of character and personal courage. Colonel William Breeden, a warm personal friend of Judge Brocchus, relates the following story: ‘‘On one occasion, while holding court in Socorro, he had some trouble with Kirby Benedict. Brocchus was somewhat hard of hearing and was very sensitive over the deficiency. Benedict was presenting a motion to the court, and in the argument, spoke in a very loud voice and with violence of gesture. Justice Brocchus quietly stopped him, saying, ‘Judge Benedict, it 18 not necessary for you to Speak so loudly. The court hears you without difficulty, and your loud tones and gesticulations are exceedingly unpleasant to the court.’ Benedict apologized, resumed his argument, and speedily was as loud and vehement as ever. Once more the court stopped him and said, ‘Judge Benedict, your tone of voice and your violence are offensive to the court, and MEXICO DURING THE CIVIL em eee WAR 397 The courts were arranged so that sessions were held in succession, thereby forming a regular circuit, in this manner adjusting matters so that the court officers and lawyers could leave Santa Fé and proceed in turn to San Miguel, Mora, Colfax, crossing the mountains to Taos, thence to Rio Arriba and finally returning to Santa Fé, the entire circuit occupying about three months. The other districts and the several courts held therein were so arranged that no session conflicted with the terms of the court in the first district. The influence of the Santa Fé bar was paramount in the early days and nothing was done in the way of holding courts which could possibly interfere with the business interests of the lawyers living at the seat of government. Chief Justice Joseph G. Palen, who succeeded to the position in 1869, was a man of strong character. Although of unyielding preju- dices, his instincts were lofty and uncompromising in matters of wrong or right. Possessed of great dignity he exacted a proper respect for his high office from litigants and lawyers alike. His He was as fearless as he was private character was unblemished. incorruptible and in profundity of legal knowledge has had no superior upon the bench in New Mexico.*2?. At the time of the Civil out of the territory acquired by the Gadsden Purchase, fixing the county seat you must be more moderate or suspend your remarks.’ at Tubac; also created the county of Mora, with seat at Santa Gertrudis de Mora, changed the county seat of Rio Arriba to Plaza Alcalde, and that of San Miguel to the lower plaza of Las Vegas. The tenth assembly changed patent indignity for a few minutes, then rapping on the bench, said: ‘Mr. Sheriff, the court takes a recess for five minutes.’ He then climbed down from a bench, in the extreme northwestern portion of the territory with seat at Baker City; the ensuing session, 1861-1862, repealed the act creating San Juan county and added the remaining parts of Arizona county to the county of Doiia Ana; changed the county seat of San Migiel back to the plaza of San Miguel. In 1876 the county of Santa Ana was merged into Bernalillo county. Out of the original nine county sub-divisions other counties have been formed, until, to- apologized and remarked, in extenuation of his conduct,Again Judge Benedict that in the heat of argument he had forgotten the court’s instructions, Broechus then said: ‘Judge Benedict, you may proceed, but hereafter do not be so forgetful of the court : wishes.’ Benedict again resumed and presently was sawing the air with his hands and lifting his voice like the Bull of Bashan. Brocchus stood the very took the distinguished Benedict by the lapel his coat, and said: ‘You impudent old Scoundrel, you howl at this court andof the court will thrash you all over the room.’ Benedict was profuse in his apologies and Brocchus released him, resumed his seat, and informed Judge Benedict that he might proceed, which was done with great moderation. ’’ 821 The first session of the legislative assem — June-July, bly 1851 — defined the judicial districts of the territory and at the session held in December- January, 1851-1852, divided New Mexieo into nine counties, with the former boundaries, except a change between’ Socorro and Dofia Ana, changing the county seat of Valencia to Tomé, Rio Arriba to San Pedro de Chama, and Santa Ana to Pefia Blanca. Later, in 1852-1853, the county seat of Dofia Ana was changed to Las Cruces; in 1853-1854, the county seat of Bernalillo county was changed from Ranchos to Alburquerque, and that of Socorro to the town ° Socorro; in 1855-1856 the town of Mesilla was again made the county seat oF Dofia Ana, and in 1856-1857 the county seat of was changed i Limitar. In the years 1859-1860 the assembly createdSocorro the county of Arizoné the county seat of Arizona county to Tucson, and created a county of San Juan, gether with the original nine, the territory, in 1911, was divided into twentySix counties, the name and date of formation of which are as follows: : Berna- lilo, January 6, 1852; Chaves, February 25, 1887; Colfax, January 25, 1869; Curry, February 15, 1909; Dofia Ana, January 6, 1852; Eddy, February 25, 1887 Grant, January 30, 1868; Guadalupe, February 23, 1905; Lincoln, February 13, 1880 ; Luna, March 16, 1901; McKinley, February 23, 1899 ; Mora, January 6, 1859; Otero, January 30, 1899; Quay, February 28, 1903; Rio Arriba, ary 6, 1852; Roosevelt, February 28, 1903; Sandoval, March 10, 1903; San February 24, 1887; San Miguel, January 6, 1852; Santa Fé, January 6, Sierra, April 3, 1884; Socorro, January 6, 1852; Taos, January 6, gs araaee, d March 16, 1903; Union, February Ge 322 Joseph county, New Harvard and 28, 1895, and Valencia, 1812, in Palenville, JanuJuan, 1852; 1852; January ; G. Palen was born in the year Greene York. He received his education in the local schools and Amherst colleges. He read law with the celebrated Ambrose at L. |