The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-12-06
An Early Territorial Justice Now
in the Napa Asylum.
PIONEERS DESCRIBE HIM.
Judge Charles Ben Daswfa Was an
App0fntee OF President job
Reformed Legal Practice im the
Local Courts, and Wrote Many
Important opini0ns-The RecOt-
lecfions of Judge j. j. M'GflvTa.

Judge Charles Il. Darwin, Wnote conn
m.tEaent to tie Sapa insane asylum, In
California, mas been reported by the press
dispatches. was one Of the early justices
Of the territorial court in this state and
al such was kaeau to many OF the pioneers
who are still living. Ills mental misfortune
ix looked upon by ali his cid friends and ac-
qua.ntanees with sincere regret. Judge
Darwin Is remembered among them az 3
scholarly, able and fearless judge ard law
yer, whose last days are worthy OF a bet
ter fate.
Darwin WIS appointed justice Of the SUI
prene court In Washington territory dur
Ing the administration Of President john
son. presiding over the Third judicial dis
sriet, with court al Port Townsend. That
was In days when 10 be an able and fair
Judge required courage and unusual 3uie-
fnent. Judge Darwin left the benca VITA
his reputation strong In these respects.
To use the words OF Mr. a. a. Denny.
who recalls Judge Darwin well: The
Judge went right down she line IN Law mat
ters when he started cut 70 do So He
also effected important reforms in legal
practice before the local courts
Personally Judge Darwin was genial and
was universally liked. Iie was positive on
the BENCH but that did not lose Dim friends.
He had much domestic difficulty, however
In the course ef his life. and t0 this his
friends tn Washington think his present abb
erration Is most likely TO be due.
Amol.s those In Seattle who remember
Judge Darwin most intimately IL Judge
John j. McGlvra. whe WAS an active prae-
titioner here while Darwin was on the
bench and therefore came In frequent con-
tact with him.
Judge Mct;iivra said In speaking Of Mr.
Darwin yesterday:
II knew Charles Ben Darwin well. He
was from Iowa. and succeeded Judge Oil
phant, whose term hao not expired. IL
was understood that by some arrange menf
with the secretary OF the interior, who
was Harlan az that time. Oliphans traded
his jadgeship. which was not 10 his liking.
which he retained until death.
Darwin was very bright man. good
lawyer. and made an excellent judge. Ills
administrative ability was. splendid. and
the practice III the Third judicial district,
over which he presided. lie Was regarded
as much the ahlest man on the supreme
bench during his tine. and wrote very
many OF the opinions.
s'He got into some domestic difficulty at
Port Townsend. where he resided, and THE
resulted in his removal from office and the
appointment Of u. +. Deunison in his stead
lie removed 10 San Francisco. where he
made the practice OF criminal law A spe-
cielsy, with marked success. After he had
been there come years he was appointed
assistant prosecuting attorney under Muir
ply, and think after Murphy was elected
20 the bench he served a term AS prosecut-
Ing attorney.
''He wa# very genial and companion
able man, and was close student uf the
business Of bis profession. lie had soma
eccentriciltss w.tjch were rather marked.
hut WAS always regarded. 50 FAR as | know.
as one OF the sanest Of men He possessed
decided force Of character. and stood well
IN his profession and everywhere. ] via
Tied him frequently during his life fri C5li-
foru!a. and found him the same genial and
able man that he had been IN Washington
am sorry for his present calamity"
Hon A. A. Denny. one OF the oldest OF
the local pioneers. recalls Judge Darwin
distinctly, especially remembering his
force Of character ana hls reso.uieness in
all matters pertaining 70 bis profession
Tile was much respected ana was very
popular" sa'd Mr.. Denny, and his de-
pafiure from the territory was regretted"
Before his arrival In Washington Judge
Darwin had been well known In Iowa.
where he Was an intimate associate Of Mr.
Harlan. who became secretary OF the in
terror IN the cabinet OF President Johnson.
He had been considered the probable nanF-
nee as minister - Guatemala, but lest the
appointment, and Immediately accepted tho
territorial fustlce=hip In this state. He was
one OF the commission of three who re-
cotslfiei the laws Of Iowa In ;hs revision
OF iSGo"
As Indicated by Judge McGnvra Darwin
was always a close and keen student OF the
law. and wrote much In his line. Judge
] Mc~siivra IS Of the Impression that some
" narwip's books were published in Cali
f0rnia
Some exceptional pathos attaches 10 the
story OF Judge narwir's mental decline
from the fact that he fully realized II him
self and from the fact that his commit
ment 20 the asylum has hecn made par
tally ~ HE own request. lie has been out
Of active legal practice fer nearly year
wandering somewhat almiessly about his
home sown az Vallejo. In California He
IL over = years ef age. and IL very feeble
physically.