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Show was NEW MEXICO DURING THE CIVIL ee WAR 393 men of great influence and power, who stood loyally by their Union sentiments. Prominent among these were Don Facundo Pino, Don Miguel E. Pino, Colonel J. Francisco Chaves, Colonel Francisco Perea, Don José Manuel Gallegos, Don Diego Archuleta, Don Anastasio Sandoval, Don Trinidad Romero, and the leading citizens of every county of the Rio Arriba or upper portion of the territory. There was also a number of prominent men and officials, then living at Santa Fé, whose pro-Union sentiments and activity did much toward discouraging any inclination toward the south or its representatives and sympathizers. A leader among these was the chief justice of the territory, Kirby Benedict.?8 Judge Benedict was easily the leader of the bench of New Mexico during what may be called the second judicial period, the first being that of the court established by General Kearny. His associates upon the bench were Chief Justice J. J. Davenport, John S. Watts, Perry E. Brocchus, William F. Boone, William G. Blackwood, Sidney A. Hubbell, Joseph G. Knapp, and Joab Houghton. The second 318 Kirby Benedict was a native of the state of Connecticut. He was born in 1811. He was appointed associate justice of the supreme court of New Mexico, in 1853, by Franklin Pierce. Soon after attaining his majority he removed to the state of Illinois, where he was a distinguished member of the bar and a personal friend of Abraham Lincoln and Stephen A. Douglas. He was a man of great ability whose honesty and integrity were never questioned. Historical research and literary pursuits had a special charm for him. This characteristic is found in the wording of all the opinions delivered by him while a member of the supreme court, of which there were twenty-two. When he first came to New Mexico he was assigned to the old third district, comprising the counties of Taos and Rio Arriba, with headquarters at Taos. He continued in this office for a period of five years, when he was appointed chief justice and removed to Santa Fé, presiding over the first district. In 1860 the counties of Taos and Rio Arriba were added to the first district. In 1866 he was succeeded by John P. Slough. Judge Benedict had been a candidate for re-appointment and his failure to retain the office which he had held for thirteen years caused him to become very irritable and morose. He began the practice of the law, but his personal habits were such that he had many difficulties with the presiding judges and was finally suspended from practice. This was done at a session of the supreme court held in 1871. He made several demands for reinstatement, unaccompanied by any apology for his previous conduct, and finally, finding that course unavailing, he tendered an apology and asked to be restored to his position as a member of the bar of the court. His application was referred to a committee, consisting of Justices Hubbell and Houghton and William Breeden, ‘‘to report Whether the habits and character of Kirby Benedict are such as to make him a fit person to practice in this court.’’ The action of the court came as a great surprise to Benedict, and greatly humiliated, he withdrew his application and soon thereafter died. While presiding judge, with headquarters at Taos, Judge Benedict delivered the famous sentence of death, pronounced upon José Maria Martin. This |