John Titus (August 12, 1812 – October 16, 1876) was an American attorney and jurist. He served as chief justice of the Supreme Courts of both Utah and Arizona Territory.
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Background
Titus was born on August 12, 1812, to William and Mary (Torens) Titus in Bucks County, Pennsylvania. In addition to a strict fear of God instilled by his Presbyterian parents, he was educated in the Doylestown public schools, Lane Theological Seminary, and Washington College, Pennsylvania, before graduating from a law course at Transylvania University in 1837.
In 1840, Titus was admitted to the Pennsylvania bar. He practiced law in Bucks County before moving to Philadelphia in 1842. In 1843, Titus married widow Martha (Shaw) Buck. The marriage produced two children: Henry C. and Amanda W. Titus
In addition to practicing law in Philadelphia, Titus argued several cases before the Supreme Court of the United States. During the 1850s he had become involved with the Know Nothing Party and ran for the Philadelphia Court of Common Pleas, losing his bid by one vote.
Utah Territory
By 1861 Titus was active in Republican politics and had become a friend of United States Secretary of War Simon Cameron. He began lobbying for a government position and following passage of the Arizona Organic Act was nominated to become United States Attorney for the newly formed territory. Following confirmation, Titus resigned before taking up the position and was shortly thereafter nominated to replace John F. Kinney as Chief Justice of the Utah Territorial Supreme Court. The newly appointed judge was commissioned on May 6, 1863.
While serving on the Utah bench, Titus followed a middle course between anti-Mormon interests and the LDS Church. Family tradition claims that the judge told Brigham Young, "I am on this Bench to see that justice is done; when the Mormons have justice on their side they will get it, and when the Gentiles have justice on their side, they will get it." As a result of this outlook, Titus gained a reputation as an impartial and able justice. When his term ended in January 1868, Titus returned to his private law practice in Philadelphia.
Arizona Territory
In early 1869, Titus again sought appointment to a Federal position. Based upon the recommendation of Richard C. McCormick, John N. Goodwin, and Coles Bashford, and due to his being the only candidate for the position, Titus was nominated to replace Henry T. Backus as Associate Justice of the Arizona Territorial Supreme Court. President Ulysses S. Grant made the nomination on March 15, 1869.
When Titus left for Arizona Territory, he left his wife and family in Philadelphia. He arrived in Prescott on October 30, 1869, along with territorial governor Anson P. K. Safford and territorial secretary Coles Bashford. The new judge arrived in Tucson two days after his October court session was scheduled to begin. As per the rules in place at the time, the session was thus not held. In following years he would hold court twice per year, with sessions beginning on the first Monday of both March and October. Each session would begin with hearing of Federal cases. After all Federal issues were resolved, the court would then switch to hearing matters of Territorial law. In addition to these two sessions, all the Territorial Supreme Court justices would meet in the capital once per year to act as an appeals court.
Titus was promoted to Chief Justice on April 18, 1870, replacing William F. Turner. He took his oath of office on June 1. Initial speculation was that Titus would move to Prescott, where the former chief justice had presided, but the new chief justice chose to remain in Tucson, which was the territorial capital at the time.
Judge Titus generally conducted matters of the court in an efficient and professional manner. There were, however, two notable exceptions. The first began shortly after Titus' promotion to Chief Justice when Milton B. Duffield, Arizona Territory's first United States Marshal, appeared before the court on an assault charge. During the course of the proceedings, the judge ordered the defendant to surrender his pistol. Duffield refused to disarm himself. While the accused was brandishing his firearm, the prosecutor drew his gun, pressed it to the former marshal's head, and pulled the trigger. After the prosecutor's weapon failed to fire, Titus called for a recess. When court resumed, Duffield appeared unarmed but was outraged that Titus refused to consider charges against the prosecutor, ruling the attorney's actions would have been justified if his weapon had fired. Following the incident, Duffield held a grudge against Titus and engaged in an unsuccessful but persistent effort to have the judge removed from office.
Later life
After leaving the bench, Titus remained in Tucson, where he returned to private practice and formed a partnership with L. C. Hughes. The influence of Hughes' Democratic politics caused concern for the predominantly Republican territorial leadership when Titus was considered for reappointment following the removal of Chief Justice Dunne. The former Chief Justice was not, however, renominated.
Titus died from typhoid fever on October 16, 1876, in Tucson. In addition to his funeral service, territorial courts held memorial services for the former Chief Justice during their next scheduled sessions. His body was moved from its Tucson grave to Doylestown, Pennsylvania's Presbyterian Churchyard one and one-half years later.