Joseph Daniel Bethune (July 3, 1842October 8, 1912) was an American jurist who served as

Associate Justice Associate justice or associate judge (or simply associate) is a judicial panel member who is not the chief justice in some jurisdictions. The title "Associate Justice" is used for members of the Supreme Court of the United States and some state ...

of the Arizona Territorial Supreme Court from 1894 till 1897.

Biography

Bethune was born to James N. and Frances (Gundy) Bethune in

Columbus, Georgia Columbus is a consolidated city-county located on the west-central border of the U.S. state of Georgia. Columbus lies on the Chattahoochee River directly across from Phenix City, Alabama. It is the county seat of Muscogee County, with which it ...

on July 3, 1842. He was educated in local schools. At the beginning of the

American Civil War The American Civil War (April 12, 1861 – May 26, 1865; also known by other names) was a civil war in the United States. It was fought between the Union ("the North") and the Confederacy ("the South"), the latter formed by states th ...

, Bethune enlisted in the

Confederate States Army The Confederate States Army, also called the Confederate Army or the Southern Army, was the military land force of the Confederate States of America (commonly referred to as the Confederacy) during the American Civil War (1861–1865), fighting ...

. He served for the majority of the war and was wounded at the battles of

Chickamauga Chickamauga may refer to: Entertainment * "Chickamauga", an 1889 short story by American author Ambrose Bierce * "Chickamauga", a 1937 short story by Thomas Wolfe * "Chickamauga", a song by Uncle Tupelo from their 1993 album ''Anodyne (album), Ano ...

and

Malvern Hill Malvern Hill stands on the north bank of the James River in Henrico County, Virginia, USA, about eighteen miles southeast of Richmond. On 1 July 1862, it was the scene of the Battle of Malvern Hill, one of the Seven Days Battles of the American ...

. The wound suffered at Chickamauga resulted in an extended hospital stay and its lingered for the rest of his life. Near the end of the war, Bethune had risen to the rank of

first lieutenant First lieutenant is a commissioned officer military rank in many armed forces; in some forces, it is an appointment. The rank of lieutenant has different meanings in different military formations, but in most forces it is sub-divided into a s ...

in command of an artillery company. He surrendered to

Union Union commonly refers to: * Trade union, an organization of workers * Union (set theory), in mathematics, a fundamental operation on sets Union may also refer to: Arts and entertainment Music * Union (band), an American rock group ** ''Un ...

forces at

Macon, Georgia Macon ( ), officially Macon–Bibb County, is a consolidated city-county in the U.S. state of Georgia. Situated near the fall line of the Ocmulgee River, it is located southeast of Atlanta and lies near the geographic center of the state of Geo ...

. Following the war, Bethune settled in

Warrenton, Virginia Warrenton is a town in Fauquier County, Virginia, of which it is the seat of government. The population was 9,611 at the 2010 census, up from 6,670 at the 2000 census. The estimated population in 2019 was 10,027. It is at the junction of U.S. R ...

where he practiced law and operated a farm. He married Mary Agnes Clark in 1869. The union produced six children: Frank, James N., Isabelle, Joseph D., Fannie, and Mary Agnes. In 1876, Bethune moved to

Los Angeles, California Los Angeles ( ; es, Los Ángeles, link=no , ), often referred to by its initials L.A., is the largest city in the state of California and the second most populous city in the United States after New York City, as well as one of the world' ...

where he continued to work as an attorney. He was appointed register for the Los Angeles land office in September 1885. Bethune resigned from the position in August 1887. Health concerns prompted a move to Tucson, Arizona Territory in March 1893. On March 22, 1894, Marshall H. Williams received

Senate confirmation Advice and consent is an English phrase frequently used in enacting formulae of bills and in other legal or constitutional contexts. It describes either of two situations: where a weak executive branch of a government enacts something previo ...

to become Associate Justice of the Arizona Territorial Supreme Court. This triggered a political battle within Arizona's Democratic party. Williams eventually decided to not accept the position and Chief Justice Albert C. Baker recommend the next candidate be selected from outside the territory and thus not aligned with any of the battling factions. President

Grover Cleveland Stephen Grover Cleveland (March 18, 1837June 24, 1908) was an American lawyer and politician who served as the 22nd and 24th president of the United States from 1885 to 1889 and from 1893 to 1897. Cleveland is the only president in American ...

nominated Bethune to fill the empty position on May 2, 1894. He was confirmed by the Senate on May 9 and took his oath of office in Tombstone on June 1, 1894. Upon taking office he was assigned to the first judicial district, consisting of

Cochise Cochise (; Apache: ''Shi-ka-She'' or ''A-da-tli-chi'', lit.: ''having the quality or strength of an oak''; later ''K'uu-ch'ish'' or ''Cheis'', lit. ''oak''; June 8, 1874) was leader of the Chihuicahui local group of the Chokonen and principa ...

and

Pima Pima or PIMA may refer to: People * Pima people, the Akimel O'odham, Indigenous peoples in Arizona (U.S.) and Sonora (Mexico) Places * Pima, Arizona, a town in Graham County * Pima County, Arizona * Pima Canyon, in the Santa Catalina Mountains ...

counties. While serving on the supreme court, Bethune wrote eight opinions siding with the majority and one dissenting opinion. 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. 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 A town square (or square, plaza, public square, city square, urban square, or ''piazza'') is an open public space, commonly found in the heart of a traditional town but not necessarily a true square, geometric square, used for community gathe ...

". 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. ''Blevins v. Territory of Arizona'', 4 Arizona 326 (1895) dealt with a case where the defendant was accused of illegally

branding Branding may refer to: Physical markings * Making a mark, typically by charring: ** Wood branding, permanently marking, by way of heat, typically of wood (also applied to plastic, cork, leather, etc.) ** Livestock branding, the marking of animals ...

a calf but the indictment against him failed to state a motive for the

conversion Conversion or convert may refer to: Arts, entertainment, and media * "Conversion" (''Doctor Who'' audio), an episode of the audio drama ''Cyberman'' * "Conversion" (''Stargate Atlantis''), an episode of the television series * "The Conversion" ...

. In ''Blackburn v. the United States'', 5 Arizona 162 (1897), the Federal government was attempting to cancel the

patent A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A p ...

on a mining claim while ''Salcido v. Genung'', 5 Arizona 23 (1896) was an

ejectment Ejectment is a common law term for civil action to recover the possession of or title to land. It replaced the old real actions and the various possessory assizes (denoting county-based pleas to local sittings of the courts) where boundary disp ...

case. In ''Sullivan v. Garland'', 5 Arizona 188 (1897), Mrs. Nellie Sullivan had filed suit for

malicious prosecution Malicious prosecution is a common law intentional tort. Like the tort of abuse of process, its elements include (1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal ...

after being arrested for a felony. Bethune's ruling found the trial court had incorrectly granted

demurrer A demurrer is a pleading in a lawsuit that objects to or challenges a pleading filed by an opposing party. The word ''demur'' means "to object"; a ''demurrer'' is the document that makes the objection. Lawyers informally define a demurrer as a de ...

and ordered the case back to the trial court for retrial. When the McKinley administration took office, it decided to replace the judges on the Arizona bench. Bethune's time as a judge ended on August 10, 1897, when he administered the oath of office to his successor,

George Russell Davis George Russell Davis (December 13, 1861 – June 13, 1933) was an American jurist who served as an associate justice of the Arizona Territorial Supreme Court from 1897 until 1905. An attorney by trade, he was active in Republican politics and ...

. After leaving office, he practiced law in Prescott for a time but had returned to Los Angeles by 1900. A

heart attack A myocardial infarction (MI), commonly known as a heart attack, occurs when blood flow decreases or stops to the coronary artery of the heart, causing damage to the heart muscle. The most common symptom is chest pain or discomfort which may tr ...

around 1910 prompted his retirement. Bethune died at his home on October 8, 1912. He was buried at the

Hollywood Memorial Park Cemetery Hollywood Forever Cemetery is a full-service cemetery, funeral home, crematory, and cultural events center which regularly hosts community events such as live music and summer movie screenings. It is one of the oldest cemeteries in Los Angeles ...

References

* * * {{DEFAULTSORT:Bethune, Joseph Daniel 1842 births 1912 deaths People from Columbus, Georgia People of Georgia (U.S. state) in the American Civil War Justices of the Arizona Territorial Supreme Court California lawyers Virginia lawyers Confederate States Army officers People from Warrenton, Virginia 19th-century American judges 19th-century American lawyers