Joseph D. Bethune
Joseph D. Bethune | |
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Associate Justice, Arizona Territorial Supreme Court | |
In office June 1, 1894 – August 10, 1897 | |
Nominated by | Grover Cleveland |
Preceded by | Richard Elihu Sloan |
Succeeded by | George Russell Davis |
Personal details | |
Born | Los Angeles, California, US | July 3, 1842
Political party | Democratic |
Spouse |
Mary Agnes Clark (m. 1869) |
Profession | Attorney |
Military service | |
Allegiance | |
Branch/service | |
Years of service |
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Rank |
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Battles/wars | |
Joseph Daniel Bethune (July 3, 1842 – October 8, 1912) was an American jurist who served as
Biography
Bethune was born to James N. and Frances (Gundy) Bethune in Columbus, Georgia on July 3, 1842.[1] He was educated in local schools. At the beginning of the American Civil War, Bethune enlisted in the Confederate States Army.[2] He served for the majority of the war and was wounded at the battles of Chickamauga and Malvern Hill. The wound suffered at Chickamauga resulted in an extended hospital stay and its lingered for the rest of his life.[3] Near the end of the war, Bethune had risen to the rank of first lieutenant in command of an artillery company. He surrendered to Union forces at Macon, Georgia.[2]
Following the war, Bethune settled in Warrenton, Virginia where he practiced law and operated a farm.[3] He married Mary Agnes Clark in 1869.[2] The union produced six children: Frank, James N., Isabelle, Joseph D., Fannie, and Mary Agnes.[3]
In 1876, Bethune moved to
On March 22, 1894, Marshall H. Williams received
While serving on the supreme court, Bethune wrote eight opinions siding with the majority and one dissenting opinion.[2] His writing tended to be brief, precise, fact based, and focused upon his understanding of the law as it existed instead of how he felt the law should be.[10] In Evans v. Blankenship, 4 Arizona 307 (1895), David Neahr, an early settler in the Phoenix area, had set aside a section of land in 1880 to use as a "public square". In 1883, Neahr offered the same land for the site of a new capital building. Bethune found the land had already been given to the city of Phoenix despite the city's lack of a formal acceptance.[11] Blevins v. Territory of Arizona, 4 Arizona 326 (1895) dealt with a case where the defendant was accused of illegally branding a calf but the indictment against him failed to state a motive for the conversion.[11] In Blackburn v. the United States, 5 Arizona 162 (1897), the Federal government was attempting to cancel the patent on a mining claim while Salcido v. Genung, 5 Arizona 23 (1896) was an ejectment case.[11] In Sullivan v. Garland, 5 Arizona 188 (1897), Mrs. Nellie Sullivan had filed suit for malicious prosecution after being arrested for a felony. Bethune's ruling found the trial court had incorrectly granted demurrer and ordered the case back to the trial court for retrial.[11]
When the
References
- ^ McFarland & Poole 1896, p. 591.
- ^ a b c d e Goff 1975, p. 151.
- ^ a b c d e McFarland & Poole 1896, p. 592.
- ^ "Changes in the Offices". The Evening Star. Washington D.C. September 10, 1885. p. 1.
- ^ "[Resigned.—Jos. D. Bethune, register of the land office at Los Angeles, cala., has resigned.]". The Evening Star. Washington D.C. August 16, 1887. p. 3.
- ^ "Judge Williams' Confirmation". Arizona Republican. March 23, 1894. p. 4.
- ^ Goff 1975, p. 150.
- ^ Goff 1968, p. 223.
- ^ "Presidential Nominations". The Evening Star. Washington D.C. May 2, 1894. p. 2.
- ^ Goff 1975, pp. 151–2.
- ^ a b c d Goff 1975, p. 152.
- ^ Goff 1975, pp. 152–3.
- ^ "Judge George R. Davis". Arizona Daily Star. August 11, 1897.
- ^ a b c Goff 1975, p. 153.
- ^ a b "Judge Bethune is Gone into Beyond". Bisbee Daily Review. October 15, 1912. p. 3.
- Goff, John S. (July 1968). "The Appointment, Tenure and Removal of Territorial Judges: Arizona-A Case Study". The American Journal of Legal History. 12 (3). Temple University: 211–231. JSTOR 844126.
- —— (1975). Arizona Territorial Officials Volume I: The Supreme Court Justices 1863-1912. Cave Creek, Arizona: Black Mountain Press. OCLC 1622668.
- A Historical and Biographical Record of the Territory of Arizona. Chicago: McFarland & Poole. 1896. OCLC 4074521.