HARVEY S. BROWN

Harvey S. Brown, an honored member of the Society of California Pioneers, and one of the oldest members of the bar on the Pacific coast, was born in Delaware county, New York, in 1823.  His ancestors were New England people and were early settlers of New York State, his father being a lumberman and farmer. Mr. Brown was reared and educated in his native State.  He studied law in the office of Hon. Samuel Gordon at Delhi, New York, and was admitted to the bar.

     When the gold discovery in California attracted the attention of the whole country, he joined a party of fifty and started overland.  They had a semi-military organization, Charles V. Stewart being Captain and Mr. Brown Lieutenant.  At Salt Lake they halted six weeks.  Continuing their journey, they were induced by the Mormons to take the southern route into California.  The Piute Indians were then very troublesome, but Lieutenant Brown, who was at that time in active command, met the Indians in council and drew up a treaty with them, after which the emigrant party proceeded on their way and were not molested.  They reached Los Angeles in October, 1849, and after remaining there a short time came north via the San Joaquin valley, landing in San Francisco in January of the following year.  Mr. Brown went to the mines, but was not enamored with the prospect, and his mining experience was very brief--one day.  The next morning he started for San Francisco, and upon his return engaged in the practice of law before the alcalde, Governor Geary being alcalde and judge.  The following spring he was elected Justice of the Peace, which was then a more remunerative position than that of Supreme Judge.  He was afterward elected Associate Justice of the Court of Sessions.  Previous to this time almost all of the criminals were tried in the District Court, but by change of law they were to be tried by Court of Sessions.  There was a large calendar, and in order to clear it the court sat day and night.  It was during this time that the noted Jansen robbery occurred, and the Vigilance Committee was organized.  Judge Brown was in favor of legal methods and opposed the committee and its methods.  (See copy of his letter of resignation in Bancroft's History.)  Judge Brown was called out of bed one morning at 4 o'clock by Governor McDougal and the under-sheriff, under Jack Hayes, with information that they had taken two prisoners from the Vigilance Committee, had them in jail and wanted Judge Brown to call out a guard to protect them for trial, and he ordered 100 men, all lawyers, for that purpose.  This guard, all well armed, stood on the roof of the jail all day.  There were thousands in the angry mob who surged and threatened to break down the doors of the jail and take the prisoners.  Colonel Jack Hayes was prevailed upon to withdraw the guard under promise that the prisoners would not be molested; but the following Sunday during services they were siezed by the Vigilance Committee, taken out and hanged.  Judge Brown resigned his position on the bench and resumed the practice of his profession, and for several years devoted his attention to the consideration of Mexican land grants.  In 1858 he was appointed District Attorney by the Board of Supervisors, and was elected to this position in 1858 and 1859 and again in 1860, holding the office four years.  Again he resumed his law practice, which he continued until 1869, when he became Attorney for the Central Pacific Railroad Company, and since then for the past twenty-two years has been connected with the law department of this great corporation.

     Judge Brown chose for his life companion and wedded Miss Mary Augusta Flower, of Delhi, Delaware county, New York.  They are the parents of seven children, six sons and one daughter.

 

Transcribed 11-10-04  Marilyn R. Pankey