Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1908-05-10
JUDGES DEATH is
SHOCK TO FRIENDS
B. N. SMITH PASSES AWAY AT
SIERRA MADRE
HAD BEEN SERIOUSLY ILL FOR
TWO WEEKS
Funeral viii Be Held Tuesday After
noon at the First M. e.
Church-Courts Will
Be Closed

Judge Benjamin N. Smith, who has
presided over the criminal department
OF the superior court for eighteen
years, died at the Ell Reposo sanitari-
UNI at Sierrt- Madre yesterday after
noon at 1850 o'clock. His death came
as d shock to even his most intimate
friends, although it was known he had
been seriously Ill for two weeks.
Arrangements for the funeral were
completed last night and the services
over the body of the dead judge will be
held at the First M. E. church Tuesday
afternoon at 2:S0 O'clock Out of re-
spect for the man who SO long has pre-
sided on the bench, department one Of
the superior court will be closed Mon
day and Tuesday, and all the depart
ments of the superior court will be
closed Tuesday, the day of the funeral.
This announcement was made last
night by Judge w. P. James who. since
Judge Smiths illness, has been taking
his place.
At the funeral services, the Grand
Army of the Republic and the Knights
Templar-for Judge Smith was a thir-
| ty-secoAd degree Mason-will take
prominent part.
| No Judge in California has sentenced
so many men to the penitentiary, or
had so many criminal cases brought
before him as Judge Smith, He had
many friends and many enemies.
The record of his life is a strenuous
one 1t tells of his birth in Chemung.
.,-cHenry county. Ill. August 1S: 1888.
He was close to his sixty-nnth birth
day. When he was lad of sixteen he
came to California, landing in the
Golden state in 1855.
Taught School Here
co. I1nT
OF years, but when the call of the war
came he returned to Illinois and en-
listed in 1864 as a private in Co 10,
Ninety-fifth Illinois Volunteer infantry.
He served with his company until Sep
TENDER q, 1865, when he was mustered
out of the service and given an hon
orable discharge.
After the close of the war he went
to Ann Arbor, Mich, and, in a year,
obtained q certificate as bachelor or
laws. graduating in 1866. One year
later, at Woodstock. ILL.,, he married
Abbie B. Dake and hung out his
shingle as a legal practitioner.
1t was not long before the young
lawyer and veteran was made judge
of the probate court of McHenry coun-
ty. He continued as judge of the pro-
bate court of that county for thirteen
years and then resigned to resume the
practice of law. This he continued at
his home at Marengo, ILL.,, until 1856
when he came to Los Angeles.
Here Judge Smith practiced law I'M
til 1890, when he was nominated by the
Republican party for place on the
superior bench. He was elected and
his place was assigned in the criminal
department That place he held until
the time of his death yesterday after
noon.
There have been numerous attempts
to lislodge Judge Smith since his hrst
election. He overcame them all, lie
had a strong hold on the old soldiers
who are now living at the national
home at Sawtclle. He was a past
commander of Bsrtlett-Logan post, q;
A. r. He was a good story teller and
a good comrade. Those who knew him
as a friend say that there was no pet-
ter comrade than Judge Smith.
Judge Smith kept his place on the
bench here until two weeks ago yester-
day. He had been suffering from a
cold and on April IS he told his 1amiiy
The could keep up his work no longer
and went to Sierra Madre, hoping Tor
relief.
Pneumonia set in and the physicians
told the wife and children OF the SICK
man that there was no hope for ms re-
covery. Despite this. the Judge rallied.
Then came hope again, and the sudden
collapse yesterday was unexpected
even ly those at the bedside.
At Judge Smiths old home at 4OS
East Twelfth street the judges widow
was surrounded by friends last night.
She was at the bedside of her husband
when he died There was also b. N.
smith, jr., who has been court re-
norter in his fathers court for many
wears. J. B. Smith, another son of the
dead Judge, and Mrs. Fred Meier. wife
of the principal owner of the Meier
Brewing company. These three chill
dren and the widow are the only heirs
of the Judge.