California, executions recorded in city and county histories, 1880-1990, Undated

HISTORY OF COLUSA COUNTY, CALIFORNIA. 66

NEWSPAPERS OF COLUSA.

_—

COLUSA SUN,

The first number of the Colusa Sun was issued on the Ist of
January, 1862, by Charles R. Strect. He sold it in the summer
of 1863 to T. J. Andus, and in September of that year it was
purchased by John C, Addington and W. S. Green. Juno 30,
1866, W. S. Green commenced to run it alone. Mr. Addington
went East, but July 3, 1869, he returned and again purchased
an interest. In 1873 Stephen Addington purchased an interest
so that he and his brother owned one-half interest together,
but the firm name continued to remain the same—Addington
& Green.

Will S. Green has been the editor all the time except
when he went East in 1870 and to San Francisco for some
fifteen months in 1872-8, when Stephen Addington conducted
that deportinent. The Sun contains more original and local
matter than any other interior journal in the State not made
up from a daily.

WILLOWS JOURNAL,

The Willows Journal is a weekly paper, published in
Willows, Colusa county, California, a town of less than nine

indred population, by Elijah C. Hart, editor, publisher and
roprictor. It was established in 1877—the first number
appearing on the 2d day of June of that year—by A. J.
Patrick, an old newspaper man, who is now engaged in the
publication of The Banner in South Puebio, Colorado. Mr.
Patrick owned and published the Willows Journal until
October 12th, 1878, when E. C. Hart, the present publisher,
purchased a half interest with Mr. Patrick in the establishment.

In December, 1878, Mr. Hart bought Mr. Patrick’s interest in
the journal, and since that time Mr. Hart has conducted the
paper alone. The Journal, under Mr. Hart’s administration,
has been quite a success financially and otherwise. It enjoys a
circulation of about seven hundred copies, which, considering
the fact that the paper is as yet but in its infancy, is a remark-
ably large circulation for a country newspaper. In connection
with the newspaper, a job printing office is conducted by the
publisher, and considerable job work is executed there during
the year.

COLUSA INDEPENDENT,

The Colusa Indedendent was started by H. W. Hulbert in
August, 1878, and was continued under various proprictorships
until April, 1877, when its publication ceased,

Jolusa has had a less number of newspapers started within

.... borders than any other county in the State in proportion
to wealth and population.

STAGING BUSINESS.

Colusa has been for several years one of the greatest stage
centers in California. .In 1856, we think it was, John Fitch
placed a stage line on the route between Colusa and Marys-
ville. For many years there was & great amount of travel
over this route, and it was often hotly contested by opposition,
After the completion of the railroad to Marysville, the travel
between Colusa and San Francisco went by this route, until
the Northern Railway was completed to Williams. Daily
stages were put on to Bartlett’s Springs, in 1874. We have
stages for Williams, Bartlett’s and Allen’s Springs, Sulphur
Springs, Cook’s Springs, Fout’s Springs, Princeton, Willows,
Chico, Marysville, Grand Island and Arbuckle. Most of these
lines belong to Miller & Co, and the Colusa Stage Company.

Stages to Sulphur Springs, to Cook’s Springs and Fout’s
Springs are independent lines,

Mr. Simmons, then proprietor of Sulphur Springs, began.

running the first stage line between his springs and Colusa in
May, 1862,

j EXECUTION OF CRIMINALS,

There has been but two white men and one Chinaman
executed by the law since the organization of Colusa county.
The first, that of N. Bowman, has been mentioned in preceding
pages. On the 27th of July, 1856, Thomas stabbed and killed
Septer P. Handy at Spring Valley, in Colusa county. He was
committed by Stephen Cooper, J. P., on the 29th. The case
came on for hearing on the 18th of August, before Judge Wm.
P. Daingerfield, of the Ninth Judicial District. The jury
empanneled were: E. C, Singletary, Charles Singletary, John
F. Willis, B. F inch, Henry Hibbard, John McCelrand, John
Rogers, J. H. Cox, J. G. Hibbard, L. W. Casey, James Yates,
and J. M. Davis. The jury found the defendant guilty of
murder in the first degree. The judge fixed the 26th of Sep-
tember as the day of execution, and on that day he suffered the
extreme penalty of the law. We were conversant with the
facts in the case, and it is but justice to the memory of
Absalom Thomas to say that at least a dozen men have escaped
punishment in this county since who were more guilty of
murder than he. The killing was done in the heat of passion,
We do not, however, justify the killing. The jury, as will be
seen, were among the best men in the county, and would do no
nan an injustice, but killing had not then become so common,
and juries and courts so technical. We were well acquainted
with Handy, and he was a good man

The following is a list of the Postoffices and Postmasters in

Colusa county, together with the numbor of times the mail
arrived per week in 186] :—

Colusa......, J. Hop Woods...... Three times a week.
Grand Island,.J. H. Goodhue...... Once a week.
Princeton.....H. Munsell. seeeese- Once & week,
Jacinto......, B. 0. Smith........ Once a week,

Monroeville... Robert CES 6 6 vn os Once a week,

A ar er


a

COLUSA COUNTY, CALIFORNIA.
48 HISTORY OF COLUSA COUNTY, CALIFORNIA.

EARLY BUSINESS MEN OF COLUSA.

We find the fullowing persons credited with money paid into
the Treasury in 1851 for licenses: Hiram Willetts, U. P. Monroe,
John C. Crigler, Carhart & Co., Vincent & Berkey, Newell Hall,
Jesse M. Sheppard, Tharp & Co., Baird & Co., Moon, Ford &
Co., J. H. Liening, Knox & Shannon, Carpenter, Hamilton &
Spalding, Alderman & Co., La Croix, M. Meador, R. H. Maltby,
D. Blodgett, Hatch & Co., Julius Ort, Obed De Long, R. H.
Black, J. M. Swift, Van Wie & Co., Geo. Patch, H. Dean,
Montgomery & Co., N. Proctor Smith, Case & Greer, Hoope &
L’Aemmeroux, G. H. Sandy, John Bills, John McGinley, Gil-
bert & Bettis, S. Nobles, Kimball & Bullock, James M. Ide,
Clark & Murray.

LAND AND OTHER ASSESSMENTS.

In 1852 we find that the Larkin’s children’s grant was
assessed as follows : 33,330 acres tillable land at $1.25 per acre,
and 11,110 grazing land at $1 per acre. In 1855 Larkin sold
the south half of it to the settlers at about $1.25 per acre, and
in 186€ A. Montgomery purchased the residue at about 90 cents
an acre, so we may conclude that the valuation was high
enough. The Jimeno grant was assessed in the same way and
the settlers on it were offered their land at $1.25. J udge Ide
was assessed on 30,114 acres of land at the rates above, and
allowed a deduction of $8,050 on account of a mortgage to Sal-
vador Munrass, and iinmediately following Munrass was
This was in accordance with the
principles of our present Constitution. Other property seemed

assessed with the mortgage.

to have been assessed equally as high in proportion to value.
Hay was assessed at $15 per ton, and barley in the stack at
$1.25 per bushel, and the bushels estimated; threshed barley
was put at $2 per bushel. Wild cattle at $12 per head. Except
the large land owners Granville P. Swift had the largest assess-
ment, $38,285. His principal items in the count were 2,000
head of cattle at $12; 100 horses at $30; 300 horses at $12; 506
head of sheep at $8; 200 bushels of wheat at $2. Chickens were
assessed at $3 a head—four chickens as much as one Spanish
horse. We find that Mart. Rager, now of Stony Creek, was
assessed that year on “2,000 bushels of barley in the straw,”
$3,000.
assessor as follows: “Improvements in Yolo county, on Cache
Creek, near the Dutchman’s, $100; 1 horse, $60.” Those
assessed on over $5,000 in 1852 are as follows: J. T. Bailey,
$5,630; Baxter & Co., (Stage line), $18,700; Wm. G. Chard,
$21,282; Thos. C. Gray, $5,570; Hill & Payne, $6,715; Newell
Hall, $12,345; James M. Ide, $22,140; Wm. B. Ide, $43,869;
Johnson, Eastman & Co., $9,980; Lewis Johnson, $5,000, (all
cash); Thos. O. Larkin, on children’s grant, $52,770, and on
Jimeno grant, $24,071; Wm. H. McKee, $10,610; Salvador
Munrass, (mortgage) $8,050; Moon & Ford, $15,850; Nelson &

K. G. Burger gave in a sworn statement to the

McClanahan, $11,119; L.H. Sanborn, $11,400; Granville P.
Swift, $38,285 ; James Stokes and Joseffa De Sota, his wife,
$24,071; R. H. Thoms, $47,901; R. J. Walsh, $15,520. We
do not find a footing to the assessment roll for 1852, but the
persons named paid more than three-fourths of the taxes of the
county. In 1851 the entire assessment footed up only
$378,206. In 1852 the assessor was charged with 510 poll-tax
receipts, and credited with the return of 34; hence he sold

476. In 1853 there were only 143 poll-tax receipts sold.
~K THE BOWMAN TRIAL AND EXECUTION.

Sometime in the latter part of 1851, Nathaniel Bowman
killed Levi Seigler, at Moon’s ranch, by beating him over the
head with a bottle. Mr. Nathaniel Merrill, of Tehama county,
in giving us a description of the murder, says that he slept with
Bowman the night of the murder, and that the murderer slept
as soundly as he ever saw a man sleep; but he did not. He
says that after lying in bed until after Bowman was asleep, he
began to think of being in bed with a murderer and a desper-
ado, and got very uneasy. He got up, dressed himself, and
started to go out, but found 4 man on the outside who refused
to let him out, and to make the best of it he returned to bed,
but not to sleep. Bowman was taken to Monroeville and put
under guard. The records of the Court of Sessions are singu-
larly meagre in regard to the trial and execution of Bowman.
We find that on the 22d of March, 1852, the following jurors
were empancled as a Grand Jury: Dr. Robt. Salisbury, O. Nel-
son, E, G. Alderman, H. P. Hulburt, A. S. Cleek, Benjamin
Hambright, E. P. Ingersol, A. Russell, Kimball Bullock, Ben.
Knight, Henry Dean, R. H. Warner, Thos. Gray, O. C. Berkey,
Supraie Billou and A. G. Stiffey. We find that this jury
indicted Nathaniel Bowman for the murder of Levi Seigler.
This is the last record in regard to Bowman until the 25th of
May, when the following order appears: “The Court orders the
Clerk to sum up and put together all the costs and expenses to
which the county has been subjected in consequence of the
murder of Levi Seigler by N. Bowman, and the consequent
conviction and execution of the said Bowman, and deliver
the account of the same to the District Attorney of this
county.”

On the date of ‘the empanneling of the Grand Jury. this
order appears: “ This Court orders that the act of the County
Judge in offering a reward for the apprehension of N. Bowman
be confirmed.”

Bowman was executed, of course, some time prior to the
order of May 25, above quoted. Mart. Rager says he was
on the jury that tried and convicted him, and can remember
only Thomas Shannon, now Collector of the port of San Fran-
cisco, Gus, Eastman, Thos. McClanahan and Geo. M. Carhart as
the others.
on, and went into Shepard’s house and asked him to taky his

From: Will S, Green's COLUSA COUNTY, Published cir. 1880.

After conviction, Bowman escaped with his irons :


HISTORY OF COLUSA COUNTY, CALIFORNIA. 49

irons off, but instead, Shepard took him back to Monroeville.
The date of the execution is nowhere on record, and none of
the old settlers can remember it. Mr. Merrill thought it was
about the first of June, but, as we have seen, the records show
that it must have been prior to May 25.

We have italicised the word “consequent” in the order of
the Court, above, but the subsequent history of the county does
not show that conviction consequently follows murder.

WHO WERE IN THE COUNTY IN 1852.

As a matter of reference, and as showing who was in the
county in 1852, we append a list of all who paid a poll-tax in
that year. The writer of this was here, but was not then old
enough to pay a poll-tax. There were some others also here
who for some reason escaped the poll-tax. The reading of these
names over will bring up many recollections in the minds of

old settlers.

Allen, John. Chard, W. G.*
Abbe, 8S. K.* Cary, J. M.
Arnold, Sink. Craig, J. S.
Allen, Wm. Cady, Charles,
Adams, J. M. Cain, P. E.

Alsap, QG. Castle, Michael.
Amente, A. Climer, S. T.
Andrews, Wm. Carpenter, A. D.
Allen, D. H.* Clark, Wm.

Ashbrook, Thos.
Annable, H. W.

Cain, Isaac N.+
Connell, M. L.

Allison, J. B. Chapin, Fred S.
Clement, Jos.

Bradley, J. W. Craft, Geo.

Burges, Thos. Cizer, H.

Cardwell, H. G.
Cusic, Sam.

Culbertson, R. F.

Burges, G. G.
Black, James.
Brownell, Jas. A.

Blethen, J. L. Cunningham, J. H.

Brite, M. H. Cornwall, D. W.

Barton, T. Champion, J.

Bailey, J. M. Cleek, Andrew.*

Bigelow, D. Cunningham, W. S.

Bartlett, E. ’ Canton, Jos.

Burns, A. Cheney, L.

Bills, John.

Betts, J. M.

Brackenridge, J. Dix, Thos.

Barrows, H, D. Dodge, Gilbert.

Barge, F. F. Derrick, A.

Bailey, J. 8. Dibble, Jerome,

Bell, R. S. Dristoll, Wm.
Duaxte, T.

Careland, L. Denbita, Jose.

Dias, M.
David, G.

Estrada, Lucas.
Edwards, J. P.
Ebblie, John.
Evans, C.

Ellis, A. R.

Eastman, Augustus.*
Ervin, James.
Earthman, L. H.
Eddy, Thos.+

Fitch, John.*
Fort, A. J.
Featherly, John.
Folgert, David.
Fox, G. W.
Ferry, A. H.*
Ford, H. L.*
Foster, Albert.
Finch, L.
Fisher, W. R.
Fundy, A.
Flagg, Wm,
Freeman, Jas. E.

Graham, Hiram.+
Graham, Ed.t
Graham, J.
Green, Isaac.
Gray, Thos. C.
Gibbs, Jas. F.
Grimes, C.+
Grimes, E.*
Gibbs, L.
Gallagher, J.
Grigatra, V.
Gregory, D.S.
Gregory, John.
Goodwin, Allen.

Hambright, Robt.*
Hatch, Cutter.
Hambright, Ben.*
Hartman, J. J.
Holland, Chas.

Huls, J. C.
Huntoon, D. C.t

Hall, Willis.
Hopkins, Jos.
Helm, Jas.
Hammers, John.

Hamilton, David.
Harris, J. B.
Horning, Lewis L.
Hulbert, H. P.*
Hall, Newell.
Hill, James M.*
Hall, Allen.
Horton, L. R
Hall, M. S.
Hobday, E. J.
Hulsy, Chas.
Hoffenshan, R.
Hulsy, Allen.
Hyde, Warren.
Hyde, H. F.
Hull, E. H.
Hicks, Thos.
Healy, L. Bf
Hansen, R.
Holliday, A. M.
Haggart, D. E.
Henry, Richard.

Tde, J. M.
Ide, W. H.
Isbell, Wm.

Johnson, Wm.
Johnson, W. H.
Judd, O. D.
Jarnagin, Jos.
Johnson, Lewis.
Johnson, J. C.

King, M. C.
King, Frame.+
Knight, Ben.
Kelly, John.
King, Thos. R.

Lucas, Ed.
Lukins, W. 8.
Logan, Geo. M.
Logan, David.
Lewis, Arthur.
Ladd, L. D.
Long, Jack.
Lewis, John.
Lawton, David.
Lott, A.

Lowe, James.
Lewis, Chas.
Lamercau, Simon.
Larnesso, C.

CONTRA COSTA COUNTY, CALIFORNIA,

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posa Gazette.’ He was married and had four
children. Searles was frequently away from
home on mining business, and, as the two fam-
ilies lived near cach other, Swaney and Mrs.
Searles became quite intimate. Immediately
after Mrs, Swaney’s. death the Sympathy of

-Mrs. Searles for Swaney’s children was so

deep-that she frequently visited them at his

Thome and remained many, hours. ‘Then the

neighbors began to talk, and one moonlight
night the couple were-seen out walking,
Swaney heard, or claimed that he heard, that

Searles was going to kill him. One of the

deputy sheriffs, A. \W, Bancroft, was married

to a Mexican woman, and to him Swaney told
his troubles, Calling him aside one evening,
where they couldn't be seen, Swaney asked:
“Can't you get_a Mexican to do ‘the job?

Searles ‘is going to Buchanan Tlollow soon

with $1000 in-his pockets. The Mexican can.
Tob Searles and | will give him $200 and will
‘give you some money.”

' the Mexican language and was frichdly with

Bancroft could speak

all the Mexican population, but he rephied: 3&7
don’t know any “Mexican that will do a Job,
but why don’t you challenge him 2”

A little later Swaney, who was affected with
kidney trouble, as he afterwards claimed, be-
gan reading up on poisons, their action and
effect. He was. told that hydrocyanic acid
Was good for kidney complaints, and he made
inquiry fer the acid (prussic acid is is usually
called), biftxthere was none in town. ‘Then
he sent an order to the well-known drug store
of Williams & Moore, in Stockton, for a three
ounce vial of hydrocyanic acid. Swaney in due
time received the poison and on his Way to
his office he tried to pry off the cover. Tn so
doing the box fell from his hands to the earth,
breaking all to pieces. Swancy in his testi-
mony before the coroner's jury testified that he
gave the box a kick. with his foot and passed
on. In less than two days after Swaney re-
ceived the poison Searles was taken violently
sick and died within an hour.

Searles’ sudden death and the familiarity of
Swaney and Mrs. Searles caused considerable
talk. Suspicions of poison now began to fly
thick and fast, and ten days after the funeral
the coroner had the body exhumed, the stom-
ach taken out and placed in a glass jar, tightly
sealed, for examination. The coroner. then
Sent an order to San Trancisco for the chem-
icals necessary to make a poison test. In the
meantime the Sheriff and his deputies were
busy and Sheriff Crippen sent Dorsey Rams-
den, the sexton of the Odd Fellows cemetery,
to search Swaney’s house for vials of poison,
The amateur detective was successful, for,
after prying up the boards of the toilet, he
found hidden beneath them a broken vial of
prussic acid. Just previous to this time John
Kessler, a shoemaker, while walking along the

HISTORY OF SAN JOAQUIN COUNTY

pre :

Street noticed a piece of paper lying upon the
ground. Picking it up he found that it was a
bill head of Odd Fellows hall, Stockton. Read-
ing ‘the contents, he found that it was
Swaney’s bill for prussic acid. The shoemaker
took this’ important evidence to the coroner

and he showed it to an attorney who said: °

“Let's go and see Swaney about this,” Swaney
admitted that it was his bill, and told them the
story of his sickness and sending for the acid,
and then letting the box fall. When the éhem-
icals arrived Dr, Turner sent- for Dr. Buford
of Coulterville to come and assist him in test-
ing the stomach of Searles to see if it con-
tained poison. The doctor also called in two
or more witnesses. They drank considerable
Whiskey during the test. and during the exami-
nation of Dr, Turner at Stockton Lawyer Dud-
ley for the defense asked, “Did you and Bed-
ford get drunk on the Whiskey?” Three sepa-
rate potson tests were made and the doctors
declared that the presence of hydrocyanic acid
was shown. After the tests were made
Swancy and Mrs. Searles were arrested, in-
dicted and tried for the murder of her husband.
The jury disagreed and the defendant then
claimed they could not get a fair and impartial
trial in Mariposa, and the case was trans-
ferred to this county. The trial began May 6,
1868, before Judge Cavis of the District Court
and continued sixteen days. Sixty witnesses
Were examined, among them Judge Alexander
Deering of Mariposa county. The entire pro-
ceedings were published in the press, being
Stenographically reported by Attorney Elliott.
The defense was represented by William L,
Dudley, S. A. Booker and J. H. Budd of this
city and Judge Jones of Mariposa. The pros-
ecuiton was represented by District Attorney
I. S. Pillisgury, D. W. Perley and J. Burk-
holder of Mariposa. After being out seven-
teen hours the jury failed to find a veridct as
there was no evidence showing that either of
the parties implicated had given Searles the
poison. Later Swaney was acquitted and he
then married Mrs. Searles.
Executed for Stealing Horses

There are many Persons today who disap-
prove of legal executions even though the
criminal committed a deliberate, unjustified
murder. What would they say regarding a
law that punished horse stealing by a death
Sentence. That was the law in 1852 The
legislature repealed this Severe law in 1853.
Under this law two men were hung in Stock-
ton, the only legal executions for horse steal-
ing in the history of the state, You remember
of reading in a former chapter of the lawless
acts of a party of men under the leadership of
Wm. Owens, the gambler, They took to the
gallows a man named Wilson, whom they sus-
Picioned of being a horse thief, and choked


282 : 4 4 HISTORY OF SAN
aT : »
with a recommendation to the court for
mercy,’ ~
The Law’s Delay

At the close of the week Ieleyea was brought
into court for sentence, and the Judge com-
manding the prisoner fo stand up, asked him
if he had any reason to give why. sentence
should-not be pronounced. ‘Then from the lips
of this cold-blooded wretch came the most
blasphenious words ever heard in court: ‘I
would not tempt the spirit of my God, nor seek
His ‘displ ‘asure, but this is true, so help me
Lord in Heaven! Judge, I know no more of
this’murder than you do.” It was an awful
moment and not_a man in that packed room
believed a word Kleyea said. ‘I'hen the judge,
ina solemn but firm tone of voice pronounced
the criminal’s doom;— “Upon Vriday, the third
day of June next, between the hours of ten
o'clock and four in the afternoon, you will
hanged by the neck-until you are dead.” Not

then did justice reach the scoundrel, for Book-

er, taking the case to the Supreme Court, suc-

ceeded in obtaining writ of supersedeas, giving

a Stay of judgment of six weeks, the writ being
signed by Chief Justice David S. Terry ::sdte-
garding the outcome of this-writ I know not,
but Eleyea enjoyed a Christmas dinner, for,
although he had been sentenced to be hanged,
Governor John M, Downey, on December 23,
granted the condemned man a respite until
January 13, 1866, Booker, unceasingly labor-

_ing to save Tiis.client from the gallows, had cir-

culated a petition, which a large number of cit-
izens had_ signed, praying the governor to
commute Tleyea’s sentence to imprisonment
for life. As the fatal day, the thirteenth drew
near, Ileyea gave up all hope and the officials
made ready for the execution, but Booker was
not idle, and on the evening of the twelfth of
January, the sheriff, by telegraph, received
word from the Governor that another respite
until March-9, would be sent on the morrow,
Hleyea had been over two years in jail, Gover-
nor Downey refused any more respites and on
March 9 justice was satisfied. On that morn-
ing as Sheriff O’Neal entered Jake’s cell, he
handed the sheriff the ends of several matches.

Fleyea having been given the matches to hight

his pipe. Jake said he had saved the poison-
ous end to kill himself. But when the sheriff
inquired, “Why didn’t you eat them, Jake?”
he replied “Having made my peace with God,
I could not reconcile the act with my own con-
science.”

About four o’clock the criminal was taken
from his cell to’suffer for his crime, and stand-
ing upon the gallows, just before the black
cap was drawn over his head, he made another
speech. “The ‘lurk,” he declared, “has been
the cause of all this trouble and expense to the
state, and he has sworn my life away !—and
my friends, | hope for you all when you come

ls

JOAQUIN COUNTY *-

to die that you may enjoy happiness and con-
solation in the Lord Jesus Christ, as I do to-

“day.” After making this speech the cap was

placed over his head, the trap was sprung and
his neck was broken. In twenty minutes the
physicians declared him dead. The body was
then cut down, placed in a coffin and carried
to the Methodist church, where the pastor
preached a funeral discourse. Then Eleyea’s
San Francisco friends, who had been putting
up the coin for his defense, had him buried in
the city burial ground, just east of where the
Southern Pacific depot now stands. From the
time of his first sentence to death by Judge
Creanor, Eleyea had been frequently visited
by two pastors, the Rey. John B. Hill of the
Methodist denomination and the Rev. Clark
King, and he became very religious.

This brutal murder has always been some-

. thing of a mystery, and today it is not known

positively how McWade was murdered. From
indications and appearances it is supposed that
Eleyea, with two accomplices, strangled Mc-
Wade in his bedroom with the scarf. Blood
flowed from his mouth, and this was found on
the cot and in the hall, where they dragged
the insensible man_ to the closet. There he
partly came to, hence the cries and groans
heard by the Turk, and one witness swore that
he heard the pleading cry, “*My God, don’t kill
me.” While Eleyea was lying in jail awaiting
his sentence, there were confined with him
fourteen persons arrested for horse-stealing,
Greene C, Palmer, accused of murdering John
Benson; William Crawford, charged with kill-
ing John 2B. Lewis; and William Crossen, ac-
cused of the murder of John V. Ford.

The Murder at the “Snug”

It seems that Crawford, who had been cele-
brating the Fourth of July, 1859, pretty freely,
rode to a saloon on the Mokelumne River
known as the “Snug” and there found four
men playing cards. Crawford wanted to take
a hand, but they refused to admit him, and this
made him angry. Soon after the refusal a boy
fired a firecracker, and Crawford, exclaiming,
“If there is any shooting going on I will take

a hand,” drew his pistol and fired at the bar-

keeper. ‘The bullet went wild of its mark, and
then Crawford turning round, fired at Lewis,
one of the card players. The ball entered
his breast and Lewis died in ten minutes.
The murderer then, holding out his revolver,
said: “Does anyone want to shoot me?” The
attendants were paralyzed and Crawford
mounted his horse and escaped in the night.
Two days later he was caught near Cham-
berlain’s Ferry on the San Joaquin River, and
when arrested by Constable L. F. Neeley of
Woodbridge and William Brown of Dry Creek,
said he was shooting wild and accidentally
hit Lewis. “I suppose I will be hung or shot,”

pa

ep kW chet wha nS a

aheeeheh hae 6a. 3

a

: ie
sae.

~*

justice could not point to a single person, but
in the murder of J. P. D. Wilkins, then city col-
lector and street superintendent, there was
slight evidence obtained. A saloonkeeper,
homeward bound near the midnight hour,
March 26, 1873, near the corner of Hunter and
‘Lindsay_streets passed what he believed was
an-old drunk lying near the shade trees. He
walked on, stopped, returned ‘and, examining
the man, found that it was J. P. D. Wilkins,
badly wounded and unconscious. Assistance
was obtained, and he was carried to his home,
not far away. He was laid upon the bed and
upon examination his head was found in a ter-

rible jcondition, swelled and bruised from the

effect of sandbag blows; one across the fore-
head, a second across the back of the neck,
the blows being struck by a man skilled in the
use of that cowardly weapon. Mr, Wilkins
lingered for three days, unconscious except for
two or three times, when his lips moved and
Ne tried to talk but could not, for his vocal
organs were paralyzed. Sunday, March 30, he

was buried by the Odd Fellows, of which or-

ganization he had been a prominent member
since 1852. The funeral was held from the
Presbyterian church, Rev. F. B. Morse and C.
V. Anthony taking part in the service. Who
murdered this honored citizen, a man of not-
able purity of his life?. ‘Iwo men, Ira A. Hall

and Bab Durkin, were arrested, being sus-

tS . ry
pected although there was no direct evidence

» to connect them with the crime. It seems that

on the evening of the murder Wilkins, who
had been working quite late in his office on
his way home entered the Independent ‘saloon
and took a glass of beer. In paying for the
drink he took money from a bag of. silver
which he carried. There was a stranger in
the saloon at that time, and he immediately
went out on seeing Wilkins with the coin. His
appearance had been noted, and he and his pal
were arrested by Police Officer Jerome Myers.
The two men were held in jail for nearly six
weeks, the officers hoping that something
would turn up to implicate them. The grand
jury failed to indict them, and May 12 they
were liberated, but were again arrested and
taken to Sacramento for robbery. ;
Before this time the hand of suspicion began
pointing to Mrs, Wilkins and a lodger in the
house named Bennett. At this sensational
point the narrative must go back to 1852. At
that time Wilkins was keeping the Crescent
City hotel, the property later owned by D. S.
Rosenbaum. During the summer his’ wife
died, and Wilkins, returning to the East sup-
posedly a rich man—for all returning Califor-
nians were presumed by the Easterners to be
wealthy—married his first wife’s sister. She
at that time was only sixteen years of age,
while he was thirty-three. ‘They came to
Stockton, and having sold his interest in the

vx

HISTORY OF SAN JOAQUIN COUNTY K : 279

hotel, he began working for M. J,. Bird, for he
was by trade a harness maker. ‘They lived a
comfortable but not a happy life, for they had
no pleasures in common. Ie cared nothing
for society or amusements, and could not sing
a note. She was fond of society and music.
She had a sweet voice of fair range and power,
and day after day the neighbors would hear
her singing as she worked; the old songs, “My
Pretty Jane,” “Robin Adair,” and “Coming
Thro’ the Rye.” She was ever singing these
love songs, but her favorite was “John Ander-
son, My Jo, John” for it was said she left a
young lover in her astern home. Among
those with whom she became acquainted,
meeting him perhaps in the dry goods store
of Stockwell and Underhill, was Henry B.
Underhill, director and organist of the Presby-

terian Church choir. Ele invited her to join

the choir and she gladly accepted the invita-
tion, and sang in that choir for ten years or
more. Summer and winter she was faithful
in her choir work, and to and from her home
walked alone or accompanied by some of the
church members. Mrs. Wilkins was at heart
a good woman, but lively, full of fun and long-
ing for congenial companionship. As the of-
ficers could find no trace of the murderers,
early in June 1873 they arrested Mrs. Wilkins
and Bennett, who had been her lodger. ‘They
were given a preliminary examination by jus-
tice A. G. Brown and held in jail to await their
examination before the grand jury. That body
indicted them for the murder of Wilkins, and
Bennett was first placed on trial. ‘The case
was heard in Judge Booker’s court and Ben-
nett was defended by N. Greene Curtis, his
brother-in-law, one of the best criminal law-
yers in California. The principal witnesses
were members of the family. Their evidence
Was conflicting and the jury failed either to
convict or acquit. ‘Then came a proceeding as
mysterious as the murder, for Curtis asked for
a change of venue to Sacramento county and
Judge Booker granted the request. This was
equivalent to an acquittal in Sacramento, and
Bennett walked from the courtroom a_ free
man. ‘The charge against Mrs. Wilkins was
dismissed,

The Swaney Poisoning Case

A murder somewhat similar to the Wilkins
case was that of Swaney on trial for murder
by poison of John Searles. In the fall of 1867
there lived in the mining camp of Mariposa a
family by the name of ‘Terry. There were sev-
eral children, among them a daughter named
Adelia. She was a very pretty girl and at the
age of sixteen, encouraged by her parents, she
married a wealthy mining man named John
W. Searles, who was twenty-four years her
senior. In the same town lived A. M. Swaney,
who was at that time publisher of the Mari-

wt
en ee ee ea

‘ate


him until he made a confession and led them
to the camp of the thieves. Five men, James
Wilson, Jasper Cochrane, Jerry Boland, James
Neal and Frederick Salkman were arrested and
taken to jail, They were all indicted for horse
stealing and placed on trial. Boland and:Coch-
rane were €ach sent to the penitentiary for
seven years, but James Wilson, alias Moun-
tain Jim, and Frederick Salkman, alias Dutch
Fred, were awarded the death punishment by
the jury.; They paid the “penalty of their
crime on) Friday afternoon, November 28,
amidst an immense concourse of people,” said
the ‘Times, “amongst whom we were sorry to
see a large number of women.” It was about
three o’clock when the two men were taken
to the gallows, near-the-Methodist Church on

tone of voice, “I take my place to the right, as
a soldier always should.” Salkman, who was
German horn, came to_this country in early
life,.and fought in the battles of Palo Alto,
Santa) Cruz, Cerro Gordo and Reseca
de- Ja Palma during the Mexican war.
His demeanor was both bold and reck-
less throughout and he seemed to be ut-
terly careless of his solemn end. He de-

clared “he wanted to die like a man and not

like an old woman.” “Mountain Jim” or Wil-

son in a low tone of voice denied committing
the crime for wltgh he was being hung, “al-
though he had committed many others.” ‘I'he
two men were attended by the Rev. James
Woods, and as the trap was about to be
sprung Salkman exclaimed in a loud voice,
‘Here we go, gals.” At three-thirty the signal
was given and “the men were launched into
eternity.” te

The Cold-Blooded Murderer Eleyea

The most atrocious murder ever committed
in this city was that perpetrated on the even-
ing of January 28, 1858, by Jacob Eleyea, the
proprietor of a saloon and boarding and lodg-
ing house, a low wooden building on TTunter
Street near the Levee. Some time previous
Willham MeWade,-an Trish miner living at
Mariposa decided to visit the’ coast. ‘Taking
with him about two thousand dollars in gold
nuggets, he went to San Francisco and Oak-
land, and then, with considerable money left,
came to Stockton. He applied at Eleyea’s for
lodgings and was shown a room. He went
down to the bar and took a drink and in pay-
ing for it drew forth a bag of gold. McWade
soon retired and was not again seen alive. ‘lhe
next morning he was found in the water closet,
hanging by the neck. Judging from all ap-
pearances, he had hanged himself, but upon
examination no abrasions, discolorations or
any evidences of strangulation were found on
his neck. It appeared to be a case of murder,

be .

- YHSTORY OF SAN JOAQUIN COUNTY SOT

«

‘but who was the guilty party? A red Mexican

searf told the tale, for the stranger was hanged
with a scarf belonging to Eleyea. At once
suspicion was aroused and he was arrested.
He denied all knowledge of the murder, and
declared that he had. gone to bed at twelve
o'clock and had slept soundly all night, had
arisen at seven o'clock and had seen nothing
of McWade until he saw him dead. Other
witnesses, however, at the trial of the case,
swore that they had seen Eleyea at two o’clock
in the morning. Blood was found on the cot
where McWade had slept, and it was also
found in the passageway leading from the
room to the closet. Over the murder the citi-
zens were deeply aroused, for it was supposed
that Jake knew considerable about several
murders, and when his trial came on the court-
room was crowded, On that trial the jury dis-
agreed, standing cleven for conviction and
one for acquittal, the one man standing out
because the evidence was all circumstantial,
The murderer was remanded to jail and in
April, 1859, his second trial took place, Samuel
A. Booker defending the accused. The prose-
cuting attorney, Judge Campbell, brought for-
ward several witnesses who swore to hearing a
noise and disturbance in the back yard of Ele-
yea’s place place carly in the morning, and the
principal witness, a ‘Turkish tailor who lived
and worked next door, swore that in the early
morning he heard stifled cries and groans.
Soon after this he heard Kleyea’s voice asking
of his accomplices, “What shall we do with the
body? It’s too heavy to throw in the slough.”
Booker tried by every means_in his power to
have the Court exclude the ‘Turk’s evidence,
and Judge Creanor being a man of Southern
birth, Booker even went so far as to try to
prejudice the Court’s mind against the witness
because of his dark skin., Said the attorney
“This ‘Turk, a native of Joppa, near Jerusalem,
is darker than the average of Chinamen and
darker than an Indian,” and he requested the
Court to appoint a committee of physicians to
examine him and pronounce his color and race.
Absurd as such a request would appear today,
it was then neither absurd nor unlawful, for
there was a law upon the statute books (re-
pealed by the legislature in 1862) that no col-
ored man could testify against a white man,
referring to negroes. But Judge Creanor, true
to his duty as a judge, refused to exclude the
testimony of this most important witness. ‘he
trial ocupied two days time and the case was
given to the jury April 12, early in the even-
ing. At that time they frequently held court
sessions at night, so many were the murder
cases. The jury was out all night and the fol-
lowing morning at ten o'clock they returned
into the court with the following amusing ver-
dict: “We the jury find the defendant guilty
of murder in the first degree (a death penalty)


Calavaras County, California,

Pedro YBARRA AND John PHIPPS

The following hanged definitely:

The following possibly hanged Howard MAUPIN and Four Mexicans for murder of a

German prospector,

A Rome a

ifornia Lawman |

(Calaveras County might well have been the
unruliest, most crime-ridden area in the nation had
not one man, Sheriff Ben Thorn, met the challenge
head-on in a single-handed crusade. Californians
up and down the coast respected him and later
made him a legend.

No lawman rivalled him in the number of
desperate criminals subdued and brought to
justice. None surpassed him in raw courage. And in
all his long career, from 1855 to 1902, he was never
once wounded. There were close calls, though, some
of them hair-raising.

Thorn was born in Plattsburg, New York, on
December 22, 1829. After his family had moved to
Illinois, he took up the placid calling of teaching
school. But when the gold rush to California swept
the nation, he was caught up in its wake. No more
struggling with a classroom of fractious kids; he
wanted some challenge more exciting, more promis-
ing of adventure. He cleared out his desk and
headed west.

Along the Yuba River in north central California,
prospectors swarmed like hungry ants, scraping,
panning, and wearing fingers to the bone for a
fortune that no more than one in ten would ever
find. Ben Thorm, as he learned, was not tobe among

the lucky. He worked as hard as any and, fora short.

while, did manage to average eight dollars’ worth a
day in the elusive, yellow metal. But his luck as well
as his enthusiasm petered out. His final stop was at
San Antonio Camp, a spot in Calaveras County
reputedly glittering with gold, where he persisted in
a largely unrewarding effort for several years.

The region, if not abounding in gold, was still
noted for a monumental infestation of thieves,
murderers, and other malefactors. Thorn’s up-
bringing was rooted in a respect for law and
common decency: what he saw on every side was the
negation. It was all too much for one of his
temperament and beliefs. The challenge he saw now
was greater than any gold rush had to offer, and his
thoughts turned toward another change. So why
waste time grubbing for gold that was always

somewhere else?
i YS

REAL, WEST.MAGAZINE,, September, 1980, page 36.

Sheriff Charles Clark of Calaveras County had
been hard put to cope with the enormous problem
of crime. Here, Ben thought, was the opportunity he
wanted. Clark knew him as an honest young fellow
who, though not too successful as a miner, was a
man of strong character. When Ben applied for ajob
in April 1855, as a deputy, Clark snapped him up.
Yet the job did not promise enough independent
action, so as a supplement, he got himself elected to
the post of constable in the township of San.
Antonio. At that point he embarked on a long and
spectacular career in fighting crime.

- Too many criminals had been slipping out of jail
or otherwise evading the law. The new constable
was handed the task of capturing as many as he
could — a task he relished. The year before, a man
named Pedro Ybarra had killed two other Mexicans
in a fit of jealous rage. Word came to Thorn that the
killer, whom he had known casually, had been
hiding in the canyon of nearby Toulumne River,
along with an American and four other Mexicans.
All were considered dangerous. Accompanied by
Deputy Sheriffs Sloss and Paul, Thorn rode out to
find them. He was wearing two hats: he was a
constable and also a deputy sheriff. As they drew
near the spot, they were sighted by the wanted men.
Expecting trouble, the outlaws splashed across the
river to their hideaway and cache of weapons. The
officers, though, were right on their heels. Only one —
Mexican, aman named Simone, had time to snatch
up a gun.

Thorn spotted Ybarra right away and, after a
short struggle collared him. But just behind him,
Simone was pointing his gun, waiting his chance to
shoot without hitting his buddy.

He might have done it, too, given a few more
seconds, but the other two deputies wouldn't let
him. Seeing their comrade’s peril, Sloss and Paul fell
on the gunman and hammered him to the ground.
Then the three officers dragged the handcuffed
Ybarra back to town, to be convicted and hanged
soon afterward. For Thorn it was an initiation, a
triumphant first brush with the dangers of his
chosen vocation.

ree

peor phiposenen

He had passed that first test PT

with honors. The danger was real
and might have cowed a lesser
man, but for him it was only the
beginning. Three other cases
followed quickly. In the first, John
Phipps, in a bloody encounter,
had slain a Mexican named
Morales with an axe, at San
Antonio Camp. For some four

\/ years Phipps had eluded capture.

But Thorn went after him, nailed
his man, and saw him hanged at
Mokelumne Hill. Then came
Howard Maupin, murderer of
James Dill, and finally four Mexi-
cans who had killed a German
prospector and taken his gold.
Thorn brought all of them to
justice.

The next case was a cliffhanger,
the toughest yet. This one con-
cerned “Long Haired’ Sam

Brown, who had seventeen |

notches on his gun for white men
shot down — Mexicans and half-
breeds he never counted, though
many had been victims. Brown

_ was a psychopathic killer. Up

until now, no lawman had run
him down; perhaps none had
been equal to it. After all, his
record inspired fear. But that in
no way intimidated Ben Thorn,
the new champion of the law who
took such odds for granted.
Brown and his sidekick, Bunty
Owen, had just killed two half-
bloods in a quarrel over a game of
monte. Friends of the slain men
chased the two killers into the
hills, hoping to surround them,
but gave up the attempt after one
pursuer had been fatally shot,
most likely by Brown. When
Thorn was notified, he lost no
time picking up the trail, taking
deputy Ed Hopkins with him.
Word had reached him, by grape-
vine, that the culprits were hid-
ing out in John Hicks’ cabin on
O'Neil Creek. They had been
joined by four other desperados.

The two officers located the
cabin and paused to map a plan.
Obviously they were badly out-
numbered, and the chances of
making an arrest looked slim.
Thorn decided that there was
only one answer, a particularly
desperate one. Squaring his jaw,
he strode directly for the cabin,
his rifle cradled in one arm.
Hopkins squatted to cover his
partner with his own gun.

A man appeared in the door, a
man with flowing, yellow hair
who pointed a rifle.

“Stop where you are, lawman, if

Ben Thorn (from large portrait)

you want to live!” Thorn kept
walking as if he hadn't heard.
Brown raised his gun. But in the
next moment he lowered it. |
Why? Well, despite the wicked-

ness of his nature, perhaps he
respected courage. Perhaps

habitual killers often do. At any
rate, Brown made no protest
when Thorn took his gun away
and put him under arrest.
“Figured my luck had run out,
anyway,’ muttered the long-
haired killer. There would be no

more notches on his gun.
Without further ado, the of-
ficers escorted Brown and Bunty
Owen to a nearby justice of the
peace, Orrin Spencer, who
promptly locked them up. But
those angry friends had suddenly
gathered and now began clamor-
ing for custody of the killers. At
the same time, some other
cronies tried to break in the jail
and rescue the prisoners. Ten-
sion between the shouting
groups became alarming.
(continued on page 52) 37

oh ha 5 rata i ll al *

YO ‘seaipuy ues ul wnasny AjunoD seseaeieD


=

' 52

GOD OG
§ BEN THORN §
§ (continued from page 37) =

Thorn did his best to keep
peace. He appealed for help, but
no one, not even Hopkins, saw fit
to respond. He was left by himself
to control the rfotous mob and
keep the prisoners where they
were. From time to time he
watched the edges of the crowd,
to make sure nobody brought in
any liquor. .

Dusk came. Scrounging an
empty box, he seated himself with
a pistol in hand to keep vigil the
whole night. But as the hours

. passed, the chill of nighttime

cooled passions, and gradually

_ the crowd dispersed. A few days

later, the prisoners Stood trial.
Ben Thorn had missed death

- by a quirk of fate. Only his iron

nerve had seen him through.
Brown and Owen, for their part,
drew a curiously light sentence: a
mere five years in San Quentin.

_ When he got out, Brown drifted

back to Calaveras County but
Thorn soon convinced him the
climate was unhealthy, and he
left for Virginia City, Nevada,
where he was shotgunned to
death.

Ben hated criminals and would
run one down anywhere, whether
or not the pursuit led beyond his
own jurisdiction. To him,
boundaries.were only imaginary

lines. In 1857, a Chileno by the -

name of Molino killed two men,
one a blacksmith, in neighboring

_Eldorado County. Molino made a

clean getaway, leaving no trail. A
handsome reward was offered for
his capture, dead or alive. When
he heard of the killings, Thorn
buckled his gun belt and went to

work. Another deputy, Fred

Wesson, volunteered to go with
him. Arriving on the scene, the

_ two men picked up aclue; Molino,

rumors went, was hiding outina
cabin at a lonely camp in
Mariposa County, with a coterie
of other renegades. Officials in

Eldorado County seemed in no |

hurry to track them down.
From directions pried from
timid informants, the two
deputies located the cabin. The
mining camp swarmed with
Mexicans, and Thorn reflected
with some dismay that the
chances of any help from them

Calaveras County officials in front of the Hall of Records, circa 1895. Ben

YO ‘seaipuy uBs u! wnesny

Thorn, with the white beard and watch fob, is in front row.

would be slight. These people
hung together. His mind flashed
back to that prior occasion when
the bold approach had worked
with Ybarra. Should he try the
tactic again? He would. Thorn
kicked open the door of the cabin,
leaving Wesson to cover his rear.
Two men lay in their bunks, as if
shutting themselves off from the
outside. One roused himself with
a guttural “Who are you?” From
descriptions, Ben recognized
Molino.

“Officer of the law, and I've got
some questions to ask you.” The
deputy fingered his pistol.

At that the man sprang from
his bed and snatched up a rifle,
which the deputy promptly

jerked out of his hands. “Both of.

you come on with me, you're
under arrest,” he said. As the pair
were marched outside, though,
Molino suddenly wheeled and
grappled with his captor. But
seconds later, Thorn got offashot
that dropped. him dead.

Within minutes, a circle of
hostile Mexicans were threaten-

ing the two officers.

“Fred,” Thorn whispered to his

companion, “go-round up all the
men you can find. I'll try to stall:

the rest of them off.’ When
Wesson returned with the much-
needed help, Ben was holding the
crowd at bay. Later, a coroner's

jury exonerated him of any blame
- in the shooting. As for the reward,

he never claimed a penny.
There followed a series of

similarly chilling encounters. In-

1867, Thorn was elected sheriff of
Calaveras County and, to mark
the occasion, plunged intoa

‘pursuit on which he missed

death by a seeming miracle. A
miner had been gunned down
and robbed while transporting
gold bullion from Railroad Flat to
Mokelumne Hill. Ben and Con-
stable Mathews set out on the
bandits’ trail, which led into

Tuolumne County but was con-

sidered a cold one, since the
fugitives hada big head start. The
first night out, the officers
stopped in Columbia, a town
nearby. After supper they elected
to stroll the town, to pass the time
before going to bed. The men they
wanted were still miles ahead,
and the officers looked forward to
an evening of relaxation. Thorn
had even checked his guns with
the hotel proprietor, deeming it
improper for the sheriff of an-
other county to be wearing them
on the quiet streets. Coming
upon Kelley’s Livery Stable,’
though, he was in for a shock.’
There, mounted and ready to be
off, were three Mexicans whom he

. knew were wanted on another
charge. .

In one leap he had seized a
bridle and ordered one rider to

‘dismount. When he would not,

Ben hauled him from the saddle
and grappled for the Mexican’s
revolver. Mathews took off after
another, who had jumped from
his horse and was running for
cover. The third man turned to
the struggling pair, pegging off
shots each time the sheriff's
twisting body became a target.

One shot pierced his hat brim .

while a second caught him
squarely in the chest, but was
deflected by a thick notebook Ben
carried in an inside pocket. At

(continued on page 54)

UNOD SBIBARIED

*
‘

By
By
a
‘
‘ee


striking effects. He was the best
driver I have ever known.”

The former scout and marshal
was a lover of racehorses and
attended many race meets. Most

of the time, his greatest interest.

centered around harness racing.
He was one of the owners of
“Smuggler,” a famous trotting
horse of that period.

Later, Tough and his two sons
operated the largest and most
widely known horse and mule
market at the Kansas City stock-

_yards. During this time, the Boer

War broke out in October 1899
and lasted through 1901, and
Tough & Sons firm sold large
numbers of horses and mules to
the British army. The officers of
the British army were greatly
impressed by old Tough’s keen
udgement as to the quality of

orses and mules, also by his

absolute honesty and fair deal-

ing. In the past, they had learned
the hard way that most horse
dealers were alert to every op-
portunity to cheat them on both
quality and price.

William Sloan Tough died on

May 24, 1904, after suffering a_

very painful disease for several
months. But his courage and

‘ perpetual cheerfulness kept its

pace to the very end. RW
REFERENCE SOURCES:

Andreas, A.T. History of Kansas,

Chicago, 1883.

Britton, Wiley. Civil War on the
Border, Vols. I&II, New York, Put-
nam & Sons, 1890. —

Cody, William F. True Tales of the
Plains, New York, 1908.
Hastings, Frank S. A Ranch-
man’s Recollections, Chicago,

‘McClurg, 1911.

Kansas Historical Quarterlies

_ articles. .

An Editor Looks At Early Day
Kansas, Letters of Charles
Monroe Chase — Summer issue,
1960.

Memoirs of Buffalo Bill by.

‘sister, Julia Cody Goodman —

Winter issue, 1962.

Visscher, William L. The Pony
Express, Chicago, 1908. .
Settle, Raymond & Mary Lund
Saddles and Spurs — The Pony
Express Saga.Lincoln,
University of Nebraska Press,
1955.

War of the Rebellion, Official
Records of the Union and Con-

federate Armies, Washington,

1880-1900.

54

OVI LIVI PVP AP VAP VAP VAP LDVAP

RANGER OIL BOOM

, (continued from page 39)

POPOL

hardly realize that there was a
time when a venture exploded
into one of the busiest “booms” in
the State. When oil was dis-
covered and brought to the sur-
face, even the surrounding terri-
tories found that they were in the
midst of a roaring oil inferno.
Coming in on the railroad from.all
directions, people learned that
the small town of Ranger was too

small, and were crowded out. -

These unfortunates swarmed into
the nearby towns and settle-
ments. .

H.L. Mobley, who was the
owner of the “Mobley Hotel” in
Cisco, Texas — 20 miles west —
explained later that he was
running three, eight-hour shifts
for sleepers. The lobby was
crowded at all times during the

year 1919, waiting for the arrival .

of the oncoming ‘shift.’ They paid
to sleep on tables and chairs,
according to Mr. Mobley.
Conrad Hilton wandered into
Ranger, searching for a business-
venture opportunity. Mr. Hilton
found that to find a bed in Ranger
was impossible, so he made the
short trip to Cisco, and into the
Mobley Hotel, where he found
conditions exactly the same.
“You will have to wait your

turn,” Mr. Mobley explained. “I.

have a complete turnover every
eight hours.”

Mr. Hilton was loaded with
cash, yet he found no place to rest
his exhausted body.

“I will give you $40,000 for this
hotel,” Mr. Hilton said to the
bewildered Mr. Mobley. Mr.
Mobley accepted and the deal
was closed, which was possibly
the swiftest hotel transaction in
our nation’s history.

For eight years, Conrad Hilton,
probably the most well-known
hotel owner in the world,

- operated the Cisco Hilton.

When the oil disappeared from
the town, the people did the same.
The board-fronted buildings with

“cardboard walls were de-

molished. Today, broomweeds

_ and mesquite occupy many ofthe

fields where oil wells once stood.
And Ranger is a quiet, peaceful
little town, with a population of
about 3,000.RW

§ _BEN THORN §

§

§ (continued from page 52)

V OPV LP VLPVL IVP AP APOVAP VAP
that moment, the town constable
came rushing to the scene,
whereupon the gunman lost
heart and took to his heels.

Thorn had suffered only a
scratch, near his armpit. That
notebook may have saved his life
once, but without the timely
arrival of the constable, luck
might have run out.

The most publicized case in
which Thorn played a part result- ’
ed in the capture of Black Bart,

‘the notorious highwayman

whose brazen robberies of stage-
coaches made him alegend. From
1875 to 1883, Black Bart am-
bushed 28 coaches, always leav-
ing his calling card with the
victims. The pursuit of this case, |
while not so spectacular nor
fraught with peril as Ben's
others, still merits high marks in
the annals of crime detection.
Wells, Fargo & Company, the big
loser in these forays, had spent
years in fruitless efforts to nail
the. perpetrator, the ever-elusive .
Black Bart. After the last holdup,
however, a clue did appear: a
handkerchief dropped by the
robber which bore the laundry
mark ‘F.X.O. 7.’

For Thorn who, due to his
reputation, had been asked to
help, this was enough. He traced
the mark to a laundry in San
Francisco, where“it was
recognized as one used for a
customer named C.E. Bolton.
Wells, Fargo detectives did the

‘rest, and Black Bart and Bolton

proved to be the same man. Butit
was Ben who cracked the case.

In Calaveras County, Thorn’s
name is enshrined as its
champion of law and order.
Among lawmen of the Old West —
Bill Tilghman,. Tom Smith, Wild
Bill Hickok, and others — he
ranks near the top. All were men
whose single-minded devotion
allowed no surcease until they got
their man. Such qualities, how-
ever rare, were crucial in this
country’s evolution.

Ben was also a devoted family
man. After his marriage in 1859
to Anna Meeks, he moved with
his bride into a large brick house
in San Andreas, where they lived
until his death in 1905. The
house is still standing today.RW


*

INGERSOLL'S CENTURY ANNALS OF SAN BERNARDINO -COUNTY
L. A. Ingersoll, Los Angeles, 1904

HISTORY OF SAN BERNARDINO COUNTY 345

nounced that he would not vote for him because he found that he was not
sound on the Union question. Showalter, who though born in Pennsylvania,
was in favor of slavery and secession, took exception to Piercey’s declaration.
Subsequently Piercey voted for the Union resolutions and objected to Sho-
walter’s being allowed to explain his vote against them. “®he result was that
Showalter insulted Piercey, and Piercey challenged him. The hostile meeting
took place on Saturday, May 25, 1861, near the residence of Charles Fairfax,
about three miles west of San Rafael, Marin county. The seconds of Piercey
were Henry P. Watkins and Samuel Smith; those of Showalter, Thomas
Hays and Thomas Lespeyre. The weapons were rifles at forty yards. The
first fire was ineffective. Showalter demanded another shot and on.the
second fire hit Piercey in the rhouth and killed him. As in the Broderick
and Terry duel and also in that of Johnson and Ferguson, the anti-chivalry
man was killed. The fact occasioned remark. And on this account. as well
also of an advance in civilization in California, this was the last of the po-
litical duels in the state.”—Hittell.

Showalter subsequently, a fugitive from justice, was concerned in an
attempt to organize a secession force in the vicinity of Warner's Ranch.
was captured by a troop of the First California Volunteers and was a pris-
oner at Fort Yuma, until exchanged, when he joined the Confederate forces
in Texas, and became an officer of the Southern Army.

BEAR AND HOLCOMB VALLEYS.

There had been a great influx of miners speculators, gamblers and the

po RE

riff-raff which generally collects about a successful nuning camp at the

newly-discovered gold mines in these valleys. Many of these people were
secessionists, and being naturally lawless, gave free rein to their propensities
during the unsettled condition of affairs brought about by the first breaking
out of the war. Fights were the order of the day, and the respectable ele-
ment was completely overwhelmed. At one time ten men, wounded in dif-
ferent affrays, were reported in these camps. Another report announces that
four horse thieves have been convicted and five more are on trial. In July,

_—1861, the court brought in ten convictions for grand larceny. It was claimed

that the sheriff was powerless to handle the ruffian element, and a cail for
United States troops was asked for. (Sée Reminiscences of WW. F. Holcomb.)

CRIMES.

The list of crimes is a long one. A large county, sparsely settied. with
mountain fastnesses and desert stretches, a large transient population at
all times, and a large element of Mexicans, half-breeds, Indians, desperadoes
in hiding—furnished natural conditions for crime.

During the sixties a number of citizens were murdered upon the roads,


HISTORY OF SAN BERNARDINO COUNTY DAT

citement ran high and there was talk of lynching when the crime became
known to the public; but the man was tried, convicted of murder in the first
degree and sentenced to be hung July 10, 1883. An appeal to the Supreme
Court was taken, however, and while awaiting its session, McDowell made
his escape. A most exciting chase followed; he was recaptured, his sentence
sustained, and carried out.

In 1885 one of the most terrible deeds ever perpetrated in the county °

was committed. Thomas Stanton was attacked by four drunken Indians
‘on the banks of Warm Creek, near the town, and was held over the fire
which he had built to cook his supper and roasted so that he died the next
day.

In 1887, George Farris was shot to death by Edward Callahan at a
lodging house on Court street. Callahan acknowledged his guilt, gave him-
self up to the officers, and was acquitted. In 1887, Katie Handorff was mur-
dered at the Transcontinental Hotel in Colton by her husband, Springer.
The couple who had just been married came to the city and took a room at
the hotel. The next morning the body of the young woman was found, het
throat cut from_ear to ear, and her head crushed in by some heavy instrument.
Large rewards were offered and every effort made to capture the criminal, but
no trace of him could be discovered. Months afterward the body of a man,
with a butlet hole through the head was found at Little Mountain, and on
investigation this proved to be all that remained of the assassin.

In 1888 one of the most lamentable affairs ever known in San Bernardino

‘took place. On December 15th, E. C. Morse. cashier of the San Bernardino
National Bank, was approached by one Oakley, an insane man, who claimed
that he had $3000 in the bank and wanted it. When Morse refused to deliver
the money the man drew a gun and fired. Morse returned the fire, shooting
three times, but he was shot in the abdomen fatally and expired in a short
time. Oakley after a wild race upon the street was captured and was sen-
tenced for life. Morse was an old and well-known citizen and one who was
greatly respected and loved and the event was the cause of general sorrow.

In 1890 William McConkey, a hotel keeper of Redlands, shot and killed

_—-Edward Gresham in the old Windsor house and then killed himself.

In 1893 a Mexican, Jesus Furan, actuated by jealousy, stabbed William
Golfkoffer and a Mexican woman. Francesca Flores, to death in the most
brutal manner. April 17th a mob entered the jail. took possession of the fiend
and lynched him—the first instance of lynch law in the county for many
years.


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William .R. McDowell was hanged on March 28, 1884, in the old court | tM school boys who stayed out all
house yard for the slaying of his sweetheart, Maggie O’Brien. The | "ight preceeding the hanging and

crime was committed a short distance from Colton. The execution was
the last which took place in the county before an order was effected
making capital punishment a duty of state officials,

(This is the third in a series of
articles in connection with plans
for an old-timers’ reunion at Col-
ton Municipal park on Sunday,
June 18 It ig based upon actual
facts compiled from records in the
county court and the office of the
district attorney by Seth Hartley
ef Colton, who was an eye-witness
to the hanging.—Editor’s note.)

As the setting for the crime, Col-
ton played a major role in the
drama leading up to the last hang-

ing {9 San Bernardino county be- |
capital punishment was taken ;

for.
over by the state,

William R. McDowell, described
by those\who knew him as a de-
bonair’ang charming young man,
was the principal in the sensational
trial which* held the spotlight of
interest throughout the Southland
for a number of weeks. Maggie
O'Brien of Loa, Angeles was the
victim .in the’ tragedy.

‘According: “to evidence” brought |
out in. coust,.the drama had its
beginning in‘a triangle involving
McDowell], Miss O’Brien and Mc-
Dowell’s wife. It was further es-
tablished in court that McDowell
decided upon the murder of his
sweetheart as the unfortunate so-
lution ty the problem created by
feta on the part of his wife,

Court evidence charged that the
defendant “enticed” Miss O’Brien
to gome from Los Angeles to San

Bernardino county. He met her at.

the Southern Pacific station in Col-
ton and invited her to accompany

; HIDES BODY. ~
"When they had reached a point

&

about two miles southeast of the

Hub city, he stoned her to death
and dragged her body to a hiding
place in an isolated ravine, where
it remained undiscovered for about
& month: It is said that it was
McDowell’s*wife who ultimately re-
vealed the crime and that, had it
not been for her confession, he
might have gone unidentified as
the murderer,

The charge against him was

| proved to the satisfaction of the

jury and McDowell was sentenced
to be hanged. However, before the
execution date arrived he accom-
plished an escape from the county
jail and was taken in a waiting
conveyance to Wilmington. In the
harbor there awaited an especially
chartered vessel to take him to
Honduras. This destination was se-
lected because Honduras had no

danger that he would be returned
to face his penalty.

It is told that when McDowell
reached Wilmington and realized
that his escape was almost certain,
something of his self-assurance re-
turned. Instead of going directly
and secretly to the waiting ship, he
walked boldly into a saloon and
ordered drinks for the entire crowd.

He was in the act of drinking a
toast to himself when he was ar-
rested by an officer, one of many

Mitetee oi

warned to be on the look-out for
Sate, at once to

Phas a OAS SR OR MR a

extradition treaty with the United |
States, and this fact eliminated the |

ing of March 28, 1884. The hanging |
_ took place in the jail yard near the
‘southwest corner of the old stone

jetty. '-. af Z Pilg ‘
* -*“LOCATION TOLD «
Seth Hartley was one of the Col-

slept on the “desert”, a section now
Foceupied ’> by «the: junior college
| grounds, in order to‘arrive in time
or the execution, Vs :
Upon their appearance at the

De er Seer eae SES is

Santerna nape Sup, May/GIAEZ

‘San Bernardino, where he was re-|said judgment, and whereas the
sentenced and hanged‘on the morn-|

court..house, however, the youths:
were stopped by a tall blockade;
Which had been erected to bar curi-!
}Ous crowds from witnessing the ex-
ecution. Not until McDowell was
ascending the traditional 13.steps to
pthes-scaffold “did ' someone. shout
“Bus ” pate ‘ oe

PP YK united effort the crowd pushed
against the barricade, which gave |
way. just in time for the entire

\BreGp.to Witness the grim ritual

which preceded the springing of the
trap.

McDowell's death warrant was
filed March 29, 1884, in the superior
court. It was signed by W. F. Hol-
comb, clerk, and George L. Hisom,
deputy.

It read: “The people of the state
of California to the sheriff of the
county of San Bernardino.—Where-
as the defendant, William R. Mc-
Dowell, was on the twenty-sixth
day of May, 1883, duly convicted in
the superior court and for the coun-
ty of San Bernardino of the crime
of murder in the first degree and
on Tuesday, the twenty-ninth day
bse May, 1883, the said court by its
judgment therein duly given and
rendered did order and adjudge
; that as punishment for said crime,
jaald William R. McDowell will be
;hanged by the neck until he is
| dead. j

“And where ag the said court by.

its warrant” of~ execution duly -is-
sued on the twenty-ninth day of
May did fix the tenth day of July, |

1883, ag the time for execution of

are

said judgment and order hag not
been executed and the said judg-.
ment being still in force, now'
therefore on the application of the

jcourt house which formerly stood district attorney of the county of
at Court and E streets in the Gate|San Bernardino, it is on this seven-'

teenth day of March, 1884, ordered. °
WARRANT QUOTED ;

“And these are to command you,’
the said sheriff, that on Monday,?
the twenty-fourth day of March,’
1884, within the walls or yard of the.
jail or at some convenient private.
place in said county of San Bernar-%
dino, you take the said William R.:
McDowell ,and hang him by the.
neck until he is dead and that you;
make due return eof to thia:
court.” on

At the bottom of the yellowed.
and time-worn document is affixed
the black seal of the county supe--
rior court.’ Beside the seal, as a
postscript, is written: “In’, witness;
whereof, 1, the judge of s&id supe-:
rior court, have unto set my hand.
and caused the seal of said court to.
be affixed this seventeenth day of
March, 1884.” It is signed by Judge
H. C. Rolfe. ‘

On the reverse side of the war-
rant, dated March 29, 1884, is yet
another postscript, this one signed
by J. B, Burkhart, who was sheriff
at that time, ;

It reads: “I hereby certify that I
received the within warrant of ex-
ecution on the seventeenth day of
March, 1884, authorizing me to ex-
ecute the same on the twenty-
fourth day of March, 1884.

“Before said twenty-fourth day of.
March, a reprieve was granted by’
the governor of the state of Cali-
fornia, staying execution until the:
twenty-eighth day of March and or- 1
dering the same to be executed on |
that day at the place and in the,
manner described herein, between
the hours of 9 a.m. and 4 p.m, of;
said day.

“That on said twenty-eighth day
of March, 1884, between the hours
of 9 a.m, and 4 p.m. in the yard of
the jail, I fulfilled said order by
hanging the defendant, William R.
McDowell, by the neck until he was
dead.” . .

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346 HISTORY OF SAN BERNARDINO COUNTY

presumably by outlaws and thieves. Edward Newman-was thus murdered
in 1864 about five miles from San Bernardino. A posse was formed to punish
his supposed murderers, and after a hot chase killed Celestino Alipaz at the
Santa Ana river. Another of the murderers was later hung in Los Angeles.
It was supposed that Mr. Alexander Patterson was thus murdered, although
no evidence could be produced. :

In 1869 a cold-blooded murder occurred in Miller's Hotel. The-bar-,

keeper. Warner, fired five shots at John C. Steadman, with whom he had
quarreled over a board bill, and wounded him so that he died within tvepty-
jour hours. In 1871 one Rafael Buteres shot and instantly killed the girl
with whom He lived, at Agua Mansa. He was found guilty of murder in’
the first degree, but before his sentence, dug his way out of the jail, made
his escape and was never recaptured.

December 16, 1873, Mr. A. Abadie, a Frenchman who had mined for a
number of years in Lytle Creek and who was reputed to have taken out
large amounts of gold from these mines, was shot while on the road between
Cucamonga and his. home in Lytle Creek. He was shot in his wagon and
the horses carried him to the nearest house, where he was found dead. No
cause except malice could be assigned, as the dead man was not robbed, ap-
parently, and the affair seems to have remained a mystery.

In 1874 a man named Brown was knocked in the head with an ax and
killed instantly by a Mr. Bonner at the ranch of the latter in Holcomb Valley.
Bonner was given a life sentence in the penitentiary. On August 16, 1878,
the first white man was hanged in the county. This was N. M. Peterson,

swho had murdered a boy, George Barrett, in the most cold-blooded manner

as the two were riding along the road near Banning. Jn 1879 a man named
Mitchel! blew out the brains of his wife during a dispute. He was arrested
and placed in the county jail, from which he made his escape. Later the
murderer was caught in San Diego and brought back to San Bernardino, but
he again made his escape by overpowering the warden and walking out of
the jail was.never recaptured. In 1881, John Taylor, a miner from Calico, shot
and killed his partner, John Peterson, at Brinkmeyer’s corner in San Bernar-
dino. After the dastardly deed he turned his revolver on himself and in-
flicted a fatal wound.

March 28, 1884, William B. McDowell was hung by Sheriff Burkhart
in San Bernardino for one of the most atrocious murders on record. As it
was developed in the trial, McDowell and his wife came to Colton and then
induced a young girl, Maggie O'Brien, with whom he had been intimate, to
come from Los Angeles to Colton. He and his wife met her, took her into
a buggy and carried her to a gulch at the foot of the mountains and killed
her with some blunt instrument, afterward tving a rope about her neck.
They hid the body in a hole in the side of the ravine. Nearly a month later,
the wife sent for an officer and confessed, and McDowell was arrested. Ex-

ts ee Oe Ae ee \


Ronald L. Bell
Slaying during robbery

Renald Lee Bell was convict-
ed in 1978 for the murder of
jewelry store manager Ray-
mond Murphy during a robbery
at the Richmond store earlier
_that year.

Christopher Day was con-
victed in 1986 for the killing of
his mother, Lazelle Day, and
the maiming of his brother,
Consey, in their West Oakland

home in 1982. Day had a prior

second-degree murder convic-
tion.

David E. Mason
Killed 4 elderly

David Edwin Mason robbed
and murdered four elderly
Oakland residents — Joan Pic-
card, 72; Arthur Jennings, 83;
Antoinette Brown, 79; and Dor-
othy Lang, 72 — in 1980. While

awaiting trial, he strangled to

death Boyd Wayne Johnson, an-

_ other inmate in the county jail.

Michael Wayne Jennings
was convicted in 1984 for the
rape, burglary, robbery and
murder of his neighbor, Violet
A. Newman, in Concord in
1982.

James R. Odle
Convicted of 2 slayings

James Richard Odle was
convicted in 1983 of the slaying
of Rena Aguilar and Pinole po-
lice Officer Floyd Swartz in
1980. Olde was on parole for
robbery and feared Aguilar
would reveal he violated his
parole by stealing a van.
Swartz was killed while at-
tempting to persuade Odle to
surrender for the Aguilar kill-
ing.

‘Michael Hill was convicted
in 1987 for the murder of East

’ Oakland jewelry store owner

‘convicted in 1987 for the rob--:-»

‘Wash was also convicted of ..
_raping King.

Anthony Brice Sr. and his 3-

year-old son, Anthony Jr. Hill
also was. found guilty of rob-
bing the store to pay off a drug
debt.

Willie D. Johnson

Richmond robbery, murder

2

Willie Darnell Johnson was“

bery and murder of Willie Mae. ..
Wamble and the attempted”

murder of Wamble’s daughter, °...
Angela, in the women’s Rich- _

mond home in 1986.

- <b 7%.

are i
Jeffery Wash was convicted |; |

in 1987 for the murder of Shel- -.
ley. Siegel Durbin and Erin...
King on Durbin’s Sundial --
Ranch in Livermore in 1984. .;.

— By Will Jones --
The Tribune

a


He was seated on a box ina Spring wagon with his hands tied
4to the side rails of the vehicle. ‘The party drove to the Crum mRanch,
j where some of the party had selected a tree and dangled a noose from
alower limb. Noaks begged to be freed, but was soon swinging from
a limb,

The Butte County sheriff met the Chico group on their way
gnome. He asked them what they had been doing. One man said,
j'Fishing!'' The sheriff then asked, "Where's your catch: '"' ''Hanging
jtack there ina tree," ‘was the reply. The sheriff shrugged his
shoulders, andis reported to have replied, "Why didn't you take care
jof those two Chinamen in the jail while you were at it7!!

Founder of Mooretown murdered. The body of John S. Moore,
j the founder of the Mooretown community, was found shot and chopped
4 '0 pieces near his cabin on May 17, 1886. Investigators found that
Moore had been gambling the night before and was fortunate at the
Jgames of chance. He had gone home with a considerable sum of
| money. An Indian was strongly suspected of the crime. He was
tied, convicted, and sent to San Quentin for the remainder of his
life, Mooretown later became known as Feather Falls.

Last legal hangings in Butte County. A Chinese merchant at
j’martville was murdered, and the Chinese, Ah Lee and Ah Coon,
j¥ere tried several times and finally convicted. It was found that
i(‘eir translator at an earlier trial had committed perjury in reporting
{%eir te stimony. It was also found to be true that the two accused
"tre members of a Chinese "highbinder"' society, or im other words,.

Ured assassins.

They were both convicted and sentenced to death by hanging.
yah Coon died of tuberculosis in jail, but Ah Lee was executed from a
‘caffold built in the courthouse square. A high fence kept the public
‘Way, but the trees all around the block were filled with spectators.
he execution took place on December 15, 1883.

The last execution in Butte County history occurred just a
}"Onth later, on January 12, 1884, Herman Schmidt was executed
tom the same scaffold for the murder of his wife in Chico. Again
‘he public was walled out except for the official witnesses within the
Yclosure. And ayain hundreds witnessed the execution from the
Tees and rooftops surrounding the courthouse,

-180-


if
i

- me est eet! Sb

TO ss ei enn om

Bae

Ls. SalFSiT pence ae

BUTTE COUNTY, CALIFORNIA.

A HISTORY OF BUTTE COUNTY

A Source Book for Teachers

by
Joseph F. McGie
Consultant in Elementary Education
Butte County Office of Education
Oroville, California
July, 1956

\
{) ‘
Revised July, 1958

a Newco AR ORR enn vere ees ART)

ot aA SSRs

Harvey L. Heishman III
Murdered legal secretary

Harvey Lee Heishman III
murdered legal secretary Nan-
cy Lugassy, who was scheduled
to testify that Heishman had
raped her. In the 1979 murder,
Lugassy was ambushed near

her apartment in the Lake.

Merritt area in Oakland. Heish-
man was convicted a year lat-
er.

David Lee Moore was con-

victed in 1980, with his younger ©

brother, Kenneth, of a string of
crimes including rape, robbery
and the brutal murder of Eji-
leen Rogers and her daughter,
Laura Muhlenbruch, in 1978 in

the garage of their apartment

at Oakland’s Lake Merritt.
Moore hanged himself at San
Quentin in 1980.

ee

Alfred Dyer
Kidnapper, murderer

Alfred Dyer was one of three
men who kidnapped and mur-
dered Floyd Murray and Nora
Fluker and attempted to kill
two other people in a wooded
park in the Oakland hills in
1980. Dyer thought one of the
victims had taken an inexpen-
Sive ring from him. Dyer,
whose companions were sen-
tenced to life in prison without
possibility of parole, was con-
victed in 1983.

-Stephen Mitcham was con-
victed in 1984 of the robbery
and murder of James Ormond
at his jewelry store on Oak-
land’s Lakeshore Avenue and
the attempted murder of Or-
mond’s clerk, Yvette Williams
in 1983.

Richard A. Hovey
Killed 8-year-old girl

Richard Adams Hovey was
convicted in 1981 for the kid-
napping, molestation and mur-
der of 8-year-old Tina Salazar
of Hayward in 1978. The child
was abducted on her way home
from Hayward’s Tennyson Ele-
mentary School.

Oscar ‘‘Kojak’’ Gates was
convicted in 1981 for the execu-

stion-style slaying of a fellow

;check-forging ring member,
onnie Stevenson, and the

_swounding of Stevenson’s neph-

ew, Maurice Stevenson, in Oak-
land in 1979. Gates, a paroled
Tapist and kidnapper, also was
convicted in Los Angeles Coun-
ty for a 1978 robbery-and mur-
der.

‘prior robbery conviction. |

Ralph I. Thomas
Murderer of two

Ralph International Thomas
was convicted in 1986 of the
murder of Gregory Kniffin of
Wilton, Conn. and Mary Gioia --
of Schenectady, N.Y. at Berke-
ley’s now defunct Rainbow Vil- ..
lage in 1985. Thomas, who had,” |
prior convictions of kidnap,’:\*'
rape and robbery, was found :
guilty of first-degree murder of’

Kniffin and second-degree‘ -* ;

murder of Gioia. bet

a m8 |

Fred Harlan Freeman was'.*
convicted in 1987 for the 1984 ="
murder of Donald Koger dur- =
ing the robbery of a Berkeley**
restaurant. Freeman had a\°

~r


mi

3). + Sum Al Histon of San odor Guy By

mS

_ The pioneers for lack of some better system
adopted the Mexican form of government. and
courts. In fact they could not do otherwise,
as the state had not been admitted to the
Union, and there were no American laws or
courts in existence. The lowest form of court
among the Mexicans was the Alcalde courts
which corresponds to our justice-of-the-peace.
Then came the higher courts which were
known as the-Court-of the First Instance and
Court of the Second Instance.
the only higher court was that of the First
Instance. Let us notice how these courts op-
erated, judging by a case‘on record. It was
the case of the People versus Tracy. It ap-
_—pears .that the district attorney had indicted
. Tracy for murder and was about to try him
-~ for the crime without any preliminary exami-
nation, His counsel, Samuel A. Booker, Wim,
Lyons, Samuel Brooks and Charles M. Crea-
‘nor, objected to such high handed proceedings.
Paying no attention to their objection the dis-
trict attorney went on with the trial. Then
Tracy’s lawyers again objected, stating first
his case Kaciect been presented to the grand
jury, and second that the court “had no jur-
isdiction ‘as it was not constituted under the
constitution of the United States.” The court
sustained the objection. Then the sheriff im-
paneled a grand jury and Tracy was indicted
for murder. He was again brought to trial,
with more objections from his counsel. Fi-
nally his attorneys inquired “What law is in
existence and should prevail in this case.”
After much-argument the court decided that
the Mexican laws were in force except such
as were in conflict with the laws and consti-
tution of the United States, It was a badly
mixed case, a murder trial under two different
systems of law, and after hearing the evidence
the jury acquitted the defendant.
» When the state was organized the legisla-
ture abolished the Mexican system of courts
and established the system in use through the
United States. The highest or district court
included two or more counties, and the dis-
trict court in this district included San Joa-
quin, Calaveras, Stanislaus, and ‘T'uolume
counties. The first district judge was Charles
M. Creanor, who was appointed by the Legis-
lature. The district attorney was elected by
the voters of each county. ‘he first district
attorney, as you remember, was Samuel A.
Booker, who was elected in the first state elec-
tion. The court below the district court was
known as the Coirt of Sessions, one court in

~
>,

.CHAPTER XXII :
‘COURTS AND CRIMINALS |

In this county -

*.

fe

each county. ‘This court was composed of
three judges, a presiding and two associate
judges. Under the new constitution, adopted
in 1879, all state offices were abolished, includ-

ing the courts, and the legislature established
one or more courts in each county, calling

them Superior Courts. San Joaquin County
then had but one Superior Court. It now has
three courts, Judges John A, Plummer, George
I, Buck and Daniel G. Young presiding. In
these ‘courts the tragic trials of the county

‘shave taken place; murder trials by the hun-

dred, civil suits and probate cases by the
thousand. ‘They have been the scene of many
thrilling incidents, the hope and despair of
many a criminal. I have a list of over one
hundred murders committed in this county
during the first thirty years of its history and
that is not half of the number. ‘I‘hose that I
have are the murders of greatest interest be-
cause of some peculiar feature, cold-blooded-
ness of the act, or the murder of some promi-
nent and leading citizen. ‘There have been
thousands of robberies committed on the high-
way of which you will find recorded a few.

The Hanging of “Mickey Lyons” Bee

The execution of George Baker, or “Mickey
Lyons,” as he was commonly called, was the
first legal execution in Stockton. Baker was
a young man about twenty years of age and he
was hung for the murder of another young
man named Conyers. <A short time before a
boy of sixteen named Joe Moller had stabbed
and killed another boy in cold blood, but he
Was acquitted. The story of Baker’s fate is a
sad one. He was a reckless, dissipated youth
and associateY with the lowest characters,

Gambling and drinking were his main occu-

pations, and on the day of the murder he had
been playing poker and drinking freely in both
the St. Charles Hotel and the Dickenson
House. Leaving the latter place, he started
for the Levee, and someone pushed him off the
walk. He turned immediately, and drawing a
knife, stabbed a person near him named Con-
yers, “Mickey” was arrested and taken to
“the brig,” a ship then anchored in the channel
and used as a jail. Conyers died two days
later, and Baker was held to answer for mur-
der. When he was placed on trial, his lawyers,
Terry & Perley, failed to sustain their client’s
plea of self-defense and youthful folly, and he
was found guilty by the jury. Judge Ben. J.
Williams sentenced Baker to be hung May 20,
1851. A gallows was erected on the block

Gearge. Tinka 23


pak ae a a

5 SS ERIE CRED HE

Ss =...

/
/

a large crowd of men and women,

276 “age

where now stands the Center School building,
and on the afvérnoon of the time set the young
man, heavily) ironed and sitting on his own
coffin, accompanied by Rev. James A. Woods
and guarded by Sheriff Ashe and Deputy
Thomas Blount,

a two-wheeled dray. On arrival there was a

some 800 in
number, made way for this aw ful scene, and
at 3 o’clock Baker ascended the gallows steps.
After the death warrant had been read, Baker,
“in a clear, unbroken voice,” made a confes-
sion.
the Supreme Being, entreating Him to “re-
ceive this unfortunate youth into his presence
to abide forever.” Baker then made a short
speech thanking the officers for their kindness
and his attorneys. for their efforts in his behalf,
“adding, “Tor it is little else that they have. re-
ceived for all they have done for me.” A few
minutes later the first of those terrible death
scenes, of which nearly a dozen were to follow
years later, was an event of the past.

“Iwo years -previous to this another cold
blooded murder had been committed in’ the
slaying of the famous gambler and desperado
James ‘| Paylor. “We was,” says Kev. James
Woods, “but twenty-two years of age and the
most ferocious desperado that ever scattered
terror around his bloody path. Ile had in
other parts of the state encountered in_ fierce
fights Oeher desperadoes and come off victor,
but in’ méeting William ‘Turner he met his
fate.” ‘Taylor one night, while looking for a
fight, entered a saloon on Center street near
the well known “Il Dorado,” which was run
by a beautiful little French girl. In fact all
of the saloon women in those days were beau-
tiful and fascinating, because they were im-
ported at heavy expense because of their

* beauty, to deal out drinks, and play monte,

faro, yeti and roulette, and attract the men.
Well, Taylor wanted some fun, and drawing
‘his pistol, with one sweep of his arm he swept
all the beautiful cut glass tumblers and de-
canters from the bar to the floor, smashing the
entire lot. Without offering to pay the dam-
age, he then coolly walked out of the saloon.
The following day the girl sent word to ‘Taylor
that she wanted him to pay for the glassware.
Like many of her class, she had a lover, named
William ‘Turner, and ‘Taylor meeting him one
day said: “Bill, if you don’t pay your girl for
the smash-up, ‘T will kill you.” ‘Taylor was
known to be a man of his word, and ‘lurner
knew that either he or ‘Taylor must die. So,
watching his chance, one Sabbath morning,
Turner saw Taylor having his boots blacked.
Quictly creeping up behind ’ Faylor, ‘Turner
shot him in the back twice, the second shot
instantly killing him. ‘Turner was arrested
and tried for the murder, his counsel being
Mr. Irving and that famous orator and pleader,

was drawn to the seaffold on,

The minister then offered a prayer to

ro

HISTORY OF SAN JOAQUIN COUNTY "By GEORGE TIVHHAM,

Edwin LD. Baker, afterward killed in the fa-
mous charge at Ball's Bluff, while leading on
the California regiment in the Civil War. The
courtroom was crowded with anxious listeners
and the proceedings were unusually interest-
ing. Baker succeeded in causing a disagree-
ment in the jury, and in the following term of
the District Court Turner was again. tried.
Baker was not then in the case, and Turnet
was convicted of murder, which meant death.
In that term of the court there were three
men tried for murder—Turner, Barrillo and
Reany—and April 28 Barillo and Turner were
brought before
sentenced to be hanged. A faithful brother
saved ‘Turner's life. Circulating a petition
that his doomed brother's sentence be com-
muted to imprisonment for life he succeeded
in obtaining hundreds of signatures, and ten-
der-hearted Governor John *Bigler, “Honest

John” he was called, granted the petition.
‘wo years later ‘Turner walked from San

Quentin a free man, J. Neely Johnson having

pardoned him. /
i
Execution of a Mexican

lndelibly stamped upon the memory are
many of the events of childhood, and never
can [ forget the time when I saw my first
legal execution. The victim Jose Barrillo, was
a Mexican about twenty-seven years of age
and one of an organized band of horse-theives
and robbers. His crimes were many, but he
finished his criminal career when in.a fandan-
go-house he shot and killed, without any prov-
ocation, a white gambler named Henry HF.
Janes. Immediately after the shooting the
murderer fled, but he was speedily captured
by the officers and placed in the lockup. He
was quickly tried, convicted and sentenced to
be hanged, for at that time a bitter hatred
existed between the whites and all foreigners,
especially the natives of Mexico. So intense
was this hatred that only two months previous:
to the execution, two Mexican muleteers, lying
asleep by the side of their pack mules on the
banks ‘of the Mormon slough, in the early

dawn were brutally shot and killed by two

white men passing by. The white brutes saw
the Mexicans quietly lying asleep, and draw-
ing their revolvers they “blazed away,” and
then ran off. No efforts were made to find
these murderers. But Jose Barrillo’s case was

different. He, a Mexican, had killed a white
man, and, regardless of the law or evidence,

he must hang. The forms of law, however,
were complied with. The record of the event
says: “An immense crowd witnessed the sad
spect tacle and the assertion of the majesty of
the law.” On the day of the hanging, I was
playing with companions on Main street near
Colburn’s barn, where the Gnekow block now_

is, when looking down the street, I saw a pro-__

REPRODUCED THROUGH THE COURTESY OF:

Pascum and Haggin Gallerice

as - STOCKTON, CALIFORNIA

es)

ff éenccr

Judge Charles Creanor and


®

Fd

_flecking their breasts.

¥

cession of about fifty horsemen approaching,

.

chatting, laughing and smoking cigarettes.
Each man was armed with a revolver and their
little mustangs were prancing and champing
on their bits, the foam from their mouths
The horsemen. sur-
rounded-a-wagon drawn by two horses, and in
the wagon the condemned man sat, handcuffed
and fastened with a_riata to his chair. By his
side stood a good padre, reciting the prayers
for the dying, at the same time holding before
the criminal’s gaze a small cross. On arrival
at the gallows, which in this instance was a

was strangled to death, and the body was left
hanging. until. the coroner came and cut it
dean,

in

The Highwayman Tom Bell

_ Tom Bell’s true name was Thomas Hodges,
but he was always known as Tom Bell. Born
in-Tennessce, he graduated from college with
high honors, then graduated from a medical
college. In the Mexican war he enlisted in the
regiment contmanded by B. F. Cheatham—
afterwards a Std@kton merchant and a partner
of General Ketcham—and as an officer won
fame and glory. In 1849 Bell came to Cali-
fornia, discovered a rich mine in Mariposa
County, and “played high roller” until the
mine gave out, He had been dissipating heavy-
ily during this period, and, being now without
a dollar, he stole eleven mules from a Mexican
camp-nearby, drove them to Nevada and sold
them at a high price. He found stealing was
a much easier way of obtaining money, than
by means of a pick and shovel, and, organizing
a company of bandits, began a series of rob-
beries and murders. The first_victims of the
bandits were Mexicans, but) soon they ex-
tended their compliments to all whom they
met. Bell, in his exploits imitating the Eng-
lish highwayman Dick Turpin, wrote letters
to editors, defied the officers to arrest him,
threatened to kill those who interfered with
his: plans and often whipped those travelers
found without money. On one oceasion Bell
came across a traveler who refused to give up
his coin and made a fight. The traveler was
shot in the thigh and fell from his horse, bleed-
ing profusely, an artery being cut. Bell dis-
mounted, skillfully tied the artery, carried the
man to the nearest house, dressed his wound
and gave full directions as to its treatment.
The patient recovered. In 1852 Bell was ar-
rested in Sacramento for grand larceny. He
gave his name as Thomas Ilodges, was tried,

~
~

“4 HISTORY OF SAN JOAQUIN COUN'Y

_ prison warden, and

> .

277

“

convicted and imprisoned on Angel Island,

there being no state prison at that time. John
C. Hayes; the famous ‘lexan, was then the
sell, pretending that he
was sick, was sent for treatment to the San
Francisco Broadway jail. He escaped from
that famous bastile and then, too late, the
authorities learned that ‘om Bell and ‘Thomas
Hodges were one and the same person,

In October 1856, Sheriff Hanson Of Placer
County learned that the Bell gang was.in his
Vicinity, and with a party of armed men he
started out to find them. ‘lhe officers and
criminals came together near a wayside saloon,
and amid the crack of revolvers, Lewis: Con-
way was killed, and a bandit named White
captured, Bell and a pal called ‘lexas escaped.
To the officers White confessed his criminal
record, and that his life might be spared, he
promised to lead the officers to the rendezvous
of the outlaws. Under the guidance of White
a party of well-armed men a few days later
started for the famous outlaw’s retreat. White
led them to a small shanty in the midst of a
thick cluster of willows near Knights Ferry.
The house was occupied by a woman, and
she refused to give any information regarding
Bell. The party, which was, under the com-
mand of Judge George D. Belt, who was after-
wards killed in this city by) William Dennis,
then rode down the banks of the Stanislaus
River, and by accident, discovered the man for
whom they were looking, When about a mile
from the house one of the searching party
named Price, while crossing the stream,
noticed a man endeavoring to conceal himself
in the thick willows. Price, thinking this a
suspicious circumstance, gave the alarm and
the party quickly surrounded the brush. Rid-
ing towards a common center they soon came
upon Bell and a Spaniard, who were ordered
to throw up their hands. Judge Belt, recog-
nizing Bell, exclaimed, “I believe you are the
man we have been looking for,” “Very likely,”
replied Bell. The bandit’s revolver and bowie
knife were taken from him and he was tied
upon a horse and taken to Firebaugh’s Ferry,
the party reaching that point about 11 o'clock
a.m. Bell was then informed that at 4 0’clock
he would be hung. ‘The outlaw, then but
twenty-eight years of age, asked permission to
write a letter to his mother and to the woman
incamp. ‘The request was granted, and after
finishing his letter he asked for liquor, — Ile
was given a bountiful supply and in a short
time he became deliriously drunk. ‘Talking
freely he told of his many crimes and adven-
tures. Near the ferry there grew an oak, and
the only tree in that vicinity. It was, there-
fore, known as “the lone oak tree,” and at the
hour appointed, Bell was taken to that tree.
After he fervently prayed for forgiveness a

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he heard only two shots.

Rai

278
aN
Tope was placed around his neck and a few
minutes later he was dangling in mid air.

The Washington Garden Murder

Late in the evening of April 30, 1860, the
citizens around town Were asking each other,
“Have you hear@atlre news?” “No, what is it?”
“Tesses was shot@a while ago’ by somebody,

HISTORY OF SAN

- | the police don’t know who,” Joseph lsses, a

German by birth, came to Stockton in an early
day with his family, and, purchasing a plot of
ground on Market street just west of Califor-
nia, planted trees and grape vines, and started

@ pleasure resort: which he named Washing-

ton Gardens,

In summer it was a delightful spot, a cool,
quiet place, and hundreds Visiting there would
Sit under the little bowers of Vines, slowly sip
their dager—beer—and pluck Srapes from the
thick, heavily laden branches, Tsses had
a rather quarrelsome, jealous disposition, and
on the evening of the shooting he quarreled
with a roomer nanied Henry Bolles, because
Mrs. Esses gave Bolles a rose from the garden,
During the fight Isses shot Ifenry through
the “arm. “Phe Wound was not serious, and
Bolles, taking the pistol from the shooter,
went. down town to have his wound dressed
by Dr. ‘Taggert, and then Went to Sheriff
O’Neal’s office to give him the pistol. This
movement on the part of the injured man
saved him from being arrested as the murderer
of Esseg, for while he was absent a lively
akirmish Wao place at the house. With the re-

“sult that Esses was dropped. Who fired the

fatal shot? Mrs, Taylor, wife of William ‘Tay-
lor, who lived across the street; John Shea, a
a tall Irish horeshoer;: V, \f. Peyton, Charles
Huffman and George Dahl each heard three
shots. A near neighbor, a large man, in size
and appearance like the late Judge Terry, said

Peyton and ILuff-
man were standing talking on the corner of

~ Main and Sutter Streets, and hearing the shots,

they hurried to the spot and on the Way saw
a large man coming out of the gate. On ar-
rival they saw Esses lying on his back near the
porch with a five-barreled pistol lying near.
According to the testimony of a neat neighbor,
Esses, after Bolles left the house, procured
another pistol and began chasing his wife to
kul her: “She ‘ran to the near neighbor, who
was passing by, for Protection. ‘Then Esses
shot at him and soon afterwards received the

’ fatal wound, Peyton and Tuffman assisted in

carrying Esses into the house, and Peyton
asked I’sses who shot him. “Some large man
in his shirt sleeves,” said Esses."31 inder-
stand that Peachy knocked your arm up and
isn’t it possible that your own pistol shot
you?” asked Peyton.. “I’m “not drunk or a
fool,” replied Esses. “Some man shot me Who
had no_ business here.” Esses lingered for

JOAQUIN COUNTY

eight days, shot through the lung, Doctor
Ryer said. ~‘I'he jury summoned by Coroner
Morris H. Bond rendered a then too-common
verdict, “Shot by some person unknown to the
jury.” Esses, a member of San Joaquin En-
gine No. 3, and the Turnverein, Was buried
by them.

A Tragedy at Medina’s

Four years later, a murder most foul kept
busy the criminal officers of San Joaquin. This
time the crime was committed near the foot-
hills of the Sierras on the Mokelumne Hill
road, some twenty miles from Stockton. At
that point an Italian by the name of Frank
Medina kept a little country grocery store,
the trading place of the farmers of the sur-
rounding country. Medina had been in busi-
ness since 1861, and by thrift and Steady habits
had accumulated considerable amount of
money. On the morning of December 10, 1869,
a farmer driving to the store to purchase goods
found the doors closed. “(Phis ‘was Strange,
for Frank was always ready for customers,
Pounding on the doors and receiving no an-
swer, he began an investigation, Finally en-
tering the place he found no one there, but the
safe was open, the money was gone, and there
Was every - appearance of ‘4 robbery having!

been committed. Help was then obtained and ~

the ranchers began a Search for the Proprietor
and his clerk, Tinally in a deep gulch, some
three-quarters of a mile from the store, their
bodies were found, together with those of two
Mexicans, and a negro called “Old Boss.”
‘They were all shot through the head, and the
hands of each man Was Securely fastened be-
hind him. It was a Startling sight, and there
Was a cry for justice, but who were the mur-
derers and how came the victims there? No
one could tell, and not a clew Was left except
that the neighbors the previous evening had
heard a noise in the Store as.of a drunken
quarrel, and paid no further attention to the
disturbance. General David I’. Douglas, the
old warhorse of San Joaquin took temporary
charge of the Store, and Coroner Bond held an
inquest. No facts were brought out that
would throw any light upon the murders, save
that the previous day a party of Mexicans
Were seen riding along the road in the vicinity
of the store. ‘he demon of blood was then in
his glory for seven men were murdered in San
Joaquin County within two weeks. Some years
after a Mexican’ named Padella was arrested
as being one of the murderers, No evidence
could be found to that effect, and he was tried’
for horse Stealing, found guilty and sent to
the penitentiary,

The Murder of a City Official

In the murder of I’sses, Golding and Medina
there were no court trials, for the finger of

"¢@

102 HISTORY. OF SISKIYOU COUNTY, CALIFORNIA.

wounded in the head and captured, while McGuire
escaped by flight. Foster had sueceeded in removing
his irons, and now, severely wounded, was conveyed
again to jail, while McGuire went to Fort Jones,
and, finding escape impossible, yave himself up.
Foster and Ferry had the terms of their sentences
increased, while McGuire, who would have been
released in a few days, was sent to San Quentin for
two years for his little exploit in jail-breaking.

George Foster, alias Charles Mortimer, alias
Charles J. Flinn, was the leader in the jail delivery,
a hardened and reckless felon, and ended his career
upon the scaffold. He was first sent to San Quentin
from San Francisco for three years, and when his
term expired, went back, chlorofurmed a man and
robbed him of $1,800, was arrested, and escaped
from officer Rose, by knocking him senseless and
nearly cutting his throat. He then came to Siski-
you county, and was soon sentenced to three years
for grand larceny, which term was increased to
seven years for his participation in the jail delivery.
After his release he continued his career of crime,
finally murdering a woman in Sacramento, Septem-
ber 19, 1872, fur which act he paid the penalty
upon the gallows, not, however, until his brother lost
his life in a desperate attempt to release him froin
the jail in which he was confined while awaiting
the day of his execution.

The Supreine Court having reviewed the case and
sustained the decision of the luwer court, King was
brought before Judge Garter in May, and was sen-
tenced to be hanged on Friday, June 23, 1865.
Preparations were accordingly made by Sheriff A.
D. Crooks by erecting a gallows in the jail-yard.
King’s conduct during the trials had been one of
bravado and defiance, and this he maintained to the
last, being quite abusive while on the scaffold. He
remarked as they were lealing him from his cell to
the place of his death, “I’m the handsomest man
here, if I am going to be hung.” But few specta-
tors were adinitted within the jail walis to witness the
last act of this terrible drama, which culminated at
nine minutes to twoo’clock. The murderer who thus
received the just punishment tor the crime, nearly
two years after he had plunged the fatal knife into
an innocent and unsuspecting bosom, was buried a
little east of town, near the remains of Crowder and
Sailor Jim, executed several ycars before.

WILLIAM WILLIAMS.

Influenced by passion and whisky, William Wil-
liains committed a murder for which he was once
under sentence of death, and now occupies a cell in
the penitentiary, where he is doomed to remain
till death coines to his relief. He was an old sailor,
short and heavy, with a dark complexion, and a

hasty temper. For years he herded stock on the

Siskiyou mountains, and was familiar with every
hill and ravine in the range. Ill-feeling existed
between him and John Todhunter about the killing
of a colt, which culminated in murder. On Sun-

day, May 8, 1870, Williams went to Cottonwood,:

where he spent his time in getting drunk and mak-
ing threats. About six o'clock in the afternoon he
invited several to come and see him _ kill Tod-
hunter, and then went to Brown’s saloon, where his
victim was playing cards, whom he immediately

\

caught by the collar. 'Todhunter raised a chair to
strike him, but bystanders interfered, and a scufle
ensued, in which Williams drew a kuife, and was
thrown to the floor under a billiard table. Todbun-
ter then rushed into the street followed by: the

frenzied man with the knife, who chased him across

the street. The fugitive picked up a stone to defend

himself with, but‘Williams dodged under his raised
8

arm, and plunged the knife into his side, penetrating
the heart. The wounded man fell to the ground,
and commenced striking out with his feet to keep
his assailant away. ‘Ihe others then rushed up and
secured Williams, while his victim raised slowly to
his feet, and then fell back dead. The murderer
was conveyed to the Yreka jail, where he spent
several days in weeping and Jamenting the crime
his passions, inflamed by liquor, had led him to
cominit.

On the thirtieth of January, 1871, his trial was
commenced in the District Court, before Judge Ros-
borouzh, and lasted five days. He was defended by
E. Steele and J. Berry, while ‘the prosecution was
conducted by District Attorney Edwin Shearer,
assisted: by Calvin Edgerton. After a deliberation
of two hours the jury brought in a verdict of mur-
der in the first degree. The day for pronouncing
judgment was postponed from time to time to allow
the defense to prepare a motion for a new trial, which
was presented and denied on the twenty-fourth of
February, and sentence of death pronounced, the
day of execution not being fixed. Later a warrant
was issued by Judge Rosborough, appointing Friday,
April 21, 1871, for the execution of the sentence.
A supersedeas was obtained from the Supreme
Court, and the case reviewed> before that body on
appeal, the points relied upon being the absence
of a material witness, refusal of the judge to give
certain instructions, and the denial of a motion for a
new trial. Ittook a whole year to reach a decision;
and April 23, 1872, Chief Justice Wallace filed an
opinion, in which the others concurred, affirming the
judgment of the lower court, in which he said:
“We discover no error in the action of the court
below in any of the proceedings of the trial. The
various legal propositions involved were correctly
placed before the jury by the learned judge in an
elaborate charge, remarkable for its clearness and
force.” May 29th, T. A. Bantz, district attorney,
moved for judgment, and Judge Rosborough set
Friday, July 26, 1872, as the day for the execution.

Efforts were then made to have his sentence com-
muted to imprisonment for life. Williams frequently
declared he never would be hanged, and attempted
to make good his assertion by escaping fromm
jail on the evening of the second of July. Sev-
eral months before he had succeeded in cutting
his irons, but the fact was discovered before he
effected his escape. By the aid of outside friends he
secured a file, saw, hatchet, and auger. On the
night referred to Sheriff Morgan was in Etna, and
Jailer Ed. O’Neil was down town, leaving him a
clear field to work in. The rivet that secured the
chain to the rings about his ankles was quickly filed
off, and then he commenced upon the hinges of his
cell door, After partially sawing these off he alan-
doned the task and made an opening in the door by
boring holes through it and taking out a piece.

satan Na sa i

a)

Ae

A

HISTORY OF SISKIYOU COUNTY, CALIFORNIA. 103

Through this he crawled into the corridor, pried
the door of the jailer’s room from its hinges and thus

_tmade his way into the yard, After filling the key-

hole of the gate-lock with gravel, he climbed over
the fence by the aid of a table, box, and barrel, anid
made direct for the Siskiyou mountain. At half-

past nine the jailer returned and was unable to

get his key into the lock, A light was procured,
and after considerable delay the gravel was picked
from the lock and the gate opened, when the
cause of all the trouble became at once apparent.
Sheriff Morgan soon arrived, and messengers were
sent out in all directions tu get trace of the fugi-
tive. At noon the next day word came from Cot-
tonwood that he had crossed the Klamath at Groat’s
ferry, and the sheriff hastened thither with a
party. A guard was placed at his cabin, as they
expected him to go there for his shot-gun, and
then secrete himself in the chaparral, with which
he had been familiar for years. At dark he ap-
proached the cabin, but hastened away when he
discovered the ambuscade, followed by half a dozen
ineffectual shots. Some Indians were procured to
trail the fugitive through the brush, and for a week
all efforts to capture him were futile. Williams Jeft
a very indistinct trail by jumping from stone to
stone, so taint that the Indians had great ditticulty
in seeing it, and the whites could not see it at all,
and denied that the Indians could, thus delaying
and hindering them so much that they refused to
continue the search. A number of ‘ruses were
adopted to entice him to his cabin or elsewhere, to
procure food, but all failed. At last a stratagem
was successful. His friends were told that the gov-
ernor had commuted. his sentence, and that it he

_ would eome in he would not be hanged. Trusting

to this promise he delivered himself up on the eighth,
only to tind, when again safely lodged in jail, that
he had been deevived. His account of the life he
led on the mountain that week was an interesting
one. He had a pistol and hatchet, and had killed a
young bear, on which he lived, using the skin for a
coat, and had built a little bark hut in the chaparral.
The pursuers passed so near hiin several times that
he could alimost touch them. .

His friends now interested themselves in securing
@ commutation of his sentence, urging as a reason
for such action the deception and promise that had
induced him to surrender, Governor Booth was of
the opinion that the reasons were good, and his sen-
tence of death was chanved to lite imprisonment in
the penitentiary at San Quentin, to which he was
conveyed, and where he now performs daily labor for
the State. ;

CHAPTER XVI.
THE COURT OF JUDGE LYNCH.

AT its best and under the most favorable cireum-
stances the exercise of lynch-law is barbarous and
cruel. The taking of human life in punishment for
crime by the constitute authorities when it has
been so decreed by a legal tribunal is terrible enouyh,
and is only justitiel b-cause society must protect
itself; but when the safesuards of the law are

thrown aside and prejudice becomes the judge, pas-

sion the jury and inhumanity the executioner, it
becomes horrible.

The absence of competent tribunals for the pres-
ervation of peace and the adjudication of disputes,
led in 1849 and 1850 to the settlement of all diffi-
culties by the people themselves. So speedy was
this method, and so beneficial in its effect upon soci-
ety by restraining the commission of crime, that it
became engrafted upon the legal system of the State
long after the necessity for it had vanished. Wher-
ever was found a mining camp, there also was
material for a miners’ jury. Men acted too often
upon hastily formed opinions. A man wasshot, the
murderer. was captured; a jury of miners was formed
and a judge selected; the investigation was super-
ficial and one-sided; a verdict of death was rendered,
and the victin was quickly borne to a tree and
hanged; all this, perhaps, in a few hours. Some-
times a murderer escapes from the toils of the law
through some technicality, and the people in their
righteous indignation mete out to him the punish-
ment he so richly deserves. In such a case, though
it were better that the law be respected, there is an
excuse for the exercise of violence; but when a pris-
oner is taken violently from the hands of the law,
or is seized before the law has had an Opportunity
to take charve of him, and is executed by an
unreasoning mob inflamed with passion, then there
ceases to be a shadow of excuse fur the act, and it
becomes a murder, cruel and heartless, and none the

_ less so because committed by a hundred than if the

act of but one.

Several such have occurred in Siskiyou county,
the victims in most cases being Indians. The hang-
ing of the Frenchman was an instance of this kind,
when a man, probably crazy, was taken from the
custody of the legal officers and hanged under cir-
cumstances of great cruelty. The Millhouse affair
would have been another ¢,uld it have been consum-
mated. Many have been whipped for theft and
other offenses, several of which occurrences are here
related, but by no means all of them, enough, how-
ever, to show how such things were done.

A great inany Indians have been hung and shot
at different times, but as these occurrences happened
during or in connection with some general Indian
difficuity, they are detailed in the history of Indian
difficulties in another chapter. A white man had
but little chance for his life when in the hands of a
mob; an Indian had none. There is only one
instance of the escape of one of this race from the
violence of a mob, that of Rising Sun, and he did so
by his boldness and dexterity, and not because the
mob relented in its purpose.

INDIAN HANGED AT SCOTT BAR.

A small company of prospectors was at. work on
the south bank of the Klamath, near the mouth of
Scott river, early in the spring of 1851, among
whom was D. D, Colton. A horse belonging to them
having strayed across the river, two of the party
nained Converse and Haynes crossed over and cap-
tured it. While on their way back Converse laid
down his gun and stooped over a spring to geta
drink, when an Indian picked up the Weapon apd
shot the unsuspecting drinker dead. His companion
jumped on the horse and made for the river, pursued

| a

as

104 HISTORY OF SISKIYOU COUNTY, CALIFORNIA.

by the savages, but was drowned before getting
across the stream. The others hastened to Scott

Bar with the news, and a party was made up that

captured the Indian who shot Converse, and brought
him to the Bar. The Indians along the river knew
but little about the use of guns at that time. except
that they were very dangerous. things to get in

front of; but the one who had done the shooting

was an Oregon Indian, a Cayuse, or a Chinook,
familiar with white people and fire-arms. The cap-
tive was taken before Alcalde R. B. Snelling, and
after a regular trial was sentenced to be hanged,
notwithstanding an energetic defense by lawver
Clarkson. General R. M. Martin was the sheriff at
the Bar, and upon him devolved the duty of exe-
cuting the sentence of the court. A butcher’s gal-
lows stood not far away, to which a short rope
with a noose was fastened. A lariat was tied from
one post to the other, about haif-way up, and a
plank was placed with one end upon this and the
other on the ground, making an inclined plane, up
which the prisoner was led so as to stand under
the noose. General Martin did not relish his part
of the job, and when a diminutive Kanaka offered
to relieve him he accepted gladly. The Indian was
large, and the Kanaka small, but by climbing upon
his victim he managed to get the noose over his
head. By some means the Indian got the rope in
his mouth, and clung to it with all his strength.
He had exhibited the reverse of the stoical calmness
in the face of death so generally ascribed to the
Indian character, and had cried and pleaded for life,
and now that he had_ the rope in his teeth he clung
to it as a last hope. The executioner placed his knee
against the Indian’s breast, and pulled the rope
from his mouth with a jerk, breaking the teeth.
He then placed the noose around the prisoner’s
neck, drew the knot tight, and descended to the
ground. ' In order to save the lariat without cutting
it, the plank was pulled away, but the Indian’s feet
rested on the rope, and it had to be cut, though
the crowd expressed’ the opinion that it was a
shame to ae good lariat just to hang a dirty
Indian.
INDIAN WHIPPED AT SCOTT BAR.

In 1851 an Indian stole some dust from Varney
& Lytle,on Poorman’s Bar, and was caught while
endeavoring to scll some specimen pieces in a
saloon. A bricf trial was given him, and it was
decided that he should be whipped, and that B.
F. Varney should wield the rope. He was tied up
and Varney began to lay on the stripes, but with
such gentleness that Lytle became disgusted. ‘Give
me that rope,” be said, as he took the whip from his
partner's hand. Squaring himself for the effort, he
rained blows upon -the Indian’s back until he
writhed under them, great ridges rising at every
blow. When he was done the Indian was released,
with a warning not to come within shooting dis-
tance of the river, and justice was satisfied.

FRENCHY WHIPPED ON SCOTT RIVER.

There was working on Scott river in the spring of
1852 a young lawyer from Illinois named Smith.
Hg had been there but a short time, but by dilligent
Jabor had accumulated nearly two thousand dollars

in dust, which he always carried in a sack in the

\

pocket of his coat.  'Phis he always took with him
to his claim and never let it get out of his sight,
leaving it on his bunk at night and using it for a
pillow when he slept. He had a young wife and
baby waiting anxiously his return, and his savings
had now amounted to what he considered a “home
stake,” while he was laying plans for his homeward
jeurney. Occupying the same cabin with him was
a little Frenchman, a Dr. Baid, known to all as
Frenchy. This man knew the habits of Smith and

Just where he kept his dust. One night Frenchy

was absent at Humbug, and Smith with a few others
were sitting in the cabin, when they heard a little
noise in the corner by the bunk, but paid no atten-
tion to it’ When Smith picked up his coat when
jreparing to retire for the night, he was filled with
‘onsternation to find it light and empty. The sack
of dust was gone. Search in the bunk and through
the cabin failed to reveal the missing treasure.
That no one inside had taken it Smith knew, for
they had been where he could see them continually.
A careful examination revealed the fact that at the
head of the bunk where the coat lay, the chinking
between the logs had been disturbed. All rushed
outside, and there were found the footprints of the
robber by the side of the cabin, where he had
removed the chinking, inserted his hand, taken the
gold, restored the chinking and departed. Smith’s
mind at once reverted to Frenchy. He remembered
that but a short time before he had left his coat in
the cabin by mistake, and Frenchy had come to his
claim to notify him of the fact, and that the next
time he weighed the sack it was six ounces short.
He asserted that Frenchy was the thief beyond a
doubt.

News that a miner had been robbed soon spread
in the morning, and a crowd quickly gathered to

~ cliseuss the matter and see what could be done. It

was determined to capture Frenchy, and if found
euilty, to hang him. Cyrus Hurd was selected to
vo to Humbug after the suspected man, and when he
reached there found the objectof his search just bound
for Yreka. He was informed by citizens of Hum-
bug that Frenchy was there when the sun went
down the night before and the rising sun that morn-
ing revealed him still there. The night was .a
dark one; the trail from Humbug to the bar was
ten miles long, so rugged and rocky that it was dif-
ficult to travel it in the day-time and seemed impos-
sible at night, No one believed the man could go
that ten miles to the bar and ten miles back again
over that rough mountain trail in the darkness.

Nevertheless Hurd decided to take the man to Scott

Bar, and so followed him to’ Yreka. In that town

the year before there had been a vigilance commit-

tee of which Alvy Boles was chairman, and to him

Hurd repaired for assistance. Yreka was then in

Shasta Plains township, in Shasta county. Boles

sat down to write a warrant, and soon evolved the

following formula, and placed the document in the
hands of his constable, Abraham Thompson, to
serve :—

Srarr or CALIFORNIA,
County of Shaste,
Shaste Plains Township.
To any constable of Shaste Plains Township this day complaint

having laid before me the Vigilant Committee that the crime
of felony has Ben committed and accusing the above named Dr,

l Vigilant Com. vs. Dr. Baid.

Se, eR Be woke ets RAN PUGS rie

a Ss La

aoe aes

ps ge 5

a

or

ee

\

HISTORY OF SISKIYOU COUNTY, CALIFORNIA. 105

Baid of the same therefore you are to arest the said Dr. Baid and

bring him before the people and to be dealt with according to

their Judgment. A. Boxes, Chairman Committee.
Yreka, 1852.

Boles also endorsed it on the back, directing
Abraham Thompson “to serve the within rit;” and
for fear it was not then sufficiently authenticated,
signed his name again in another place. Armed

with this document, Boles, Hurd, Thompson, and a

‘few others went to a restaurant where Frenchy was

quietly eating, arrested their man, and started with
him at once for Scott. river. Here they found an
immense crowd gathered, who greeted them with
cheers, and proceeded at once to dispose of Frenchy’s
case by miners’ law. A jury was selected and the
trial commenced. But little evidence couid be pro-
duced against him; Smith’s belief that he was the
man was about all, while in his defense was the tes-
timony Hurd brought from Humbug that tended
so strongly to prove an alibi. And yet on this
slight evidence many wanted to hang him. The
jury argued and discussed the matter, aided by the
crowd, but could decide upon nothing. But fot a
few who would not agree to it they would have
hanged him, but these few could not see how a man
could be in two places at one time, and did not
believe it possible to make the trip from Humbug
and back in the night. While they were arguing
the question, Smith tried his powers of persuasion
on the prisoner, but to no avail. With tears in his
eyes he spoke of the loved wife and innocent babe
awaiting his return, that if he lost this money the
world would hold no more charms for him, he was
ready to die. Suddenly he changed his manner,
drew his pistol, and told the man he would shoot
him like a dog if he did not confess, and restore the
dust, and then put an end to his own existence, but
if he gave up the stolen treasure he would see
that he was released.

At this juncture the crowd came up with a rope,
with the information that the jury had decided to
hang him. They had agreed among themselves to
run him up once, and if that did not extort a con-
fession, to let him go. This was too much for
Frenchy. On the one hand was the rope or pistol,
and on the other Smith’s promise to aid him. He
looked at the preparations made to stretch his neck,
and lost his courage. He had taken the treasure, he
said, and would show them where he had hidden it.
Down the trail he led them to where it passed some
bluffy rocks; here he paused, reached his hand up
into a crevice and produced the sack of dust.
Those of the jury who had before stood by him were
now the most eager for his punishment. They had
been deccived, and this was a fault they could not
stand. An agreement was soon made to give the
culprit twenty-nine lashes. He was quickly stripped,
tied to a tree, and a rawhide lash made. Smith
was selected to administer the castigation. To
this he objected. He had forgiven the man for the
wrong, and could not whip him. He would treat
the whole crowd, or do anything, but whip the man
he could not. The crowd was angry at this; their
natures were not sensitive enough to appreciate
such sentiments; but Smith made them a speech
which completely won their hearts. It was then
decreed that the constable should do the flagellating.

14

Thompson stepped to the front and said he did not
fancy the job, but that an officer should not shrink
from his duty; and, seizing the whip in his hand,
began laying on the stripes in a mild way. The
prisoner made his first mistake when he was
frightened into a confession, and right here
he made his second. When fifteen lashes hed
been given he gave Thompson a look of hate,
and hissed through his teeth, “I'll kill you.”
“Kill me, will you, you dirty thief ?” shouted
Thompson, as he laid the blows on with all the
power of his muscular arm. The whipping before
had beea gentle, but now the blood followed every
cut. Thick and fast he rained the blows upon the
bleeding back until thirty had been counted, when
he was told to hold on, as he had given him one too
many, but hold on he would not. Down came the
lash with a vicious whiz through the air upon the
lacerated back, until the subdued victim pleaded for
his life and promised to do the irate whipper no
injury. Thompson then relented, unbound the man
and washed his bleeding back with liniment. The
jury had still one more duty to perform. They took
a bag of dust belonging to the Frenchman, weighed
out six ounces to Smith for what he had lost before,
six to Hurd for a nugget he had lost by theft, jurors’,

witnesses’ and constable’s fees consuming the balance.
A purse of three ounces was then made up for him,

and he was invited to ““make yourself scarce,’ ’ and
never be seen in the diggings again, or he would be
made to swing. He accepted the invitation.

Elijah Moore & Co. kept a trading-post at Free-
town, on the north fork of Humbug creek, in 1852,
which was the scene of cgnsiderable excitement one
day. It was customary for Indians from about the
inouth of Humbug to roam up the creek and beg old
victuals and carry away offal from the slaughter-
house. Little articles were occasionally missed from
this store, and these Indians were suspected of hav-
ing spirited them away. One day two Indians were
in the store, and one of the partners went out for
awhile. After he was gone, the other partner
noticed a pair of buckskin pants that seemed to him
to lie too near the Indians, and removed them behind
the counter. The Indians soon passed out and
started down the creek. The first partner then
returned, and noticing that the pants and Indians
were both gone, seized a gun and went to the door
and shot one of the Indians who had gone but a
short distance. He soon discovered that he had been
too hasty, and as he could not put life into the inan-
imate form of his victim, he put metal into his own
heels and took to the mountains. The miners
gathered and proposed to have a trial, but the guilty
man had escaped. This was no obstacle to the pro-
ceedings whatever, for they tried his partner in his
stead, a sort of an impromptu Damon and Pythias
affair, with the brotherly love ingredient omitted.
There was no evidence that this man was aware
that his partner intended to shoot, but the crowd
was excited, and many wanted to hang him anyway.
The better judgment of the cooler ones prevailed,
and the man was acquitted. The excitement soon
passed away, and as the man killed was only an
Indian, the partner who took to the woods returned
and resumed his place in the store without moles-
tation,

362 History of Contra Costa County. ?

being accessory to the murder of T. Mason, on the old Crumlin bridge,
thirty-five years before. At ten o'clock the same day his symptoms became
worse and in a few moments after he breathed his last.”

MURDER OF VALENTINE EIscuLer.—On November 16, 1872, one Valen-
tine, Eischler, a German, was killed on Marsh creek, about eight miles
southeast of Antioch, near what is called the “ Chemisal.”. He was living
with his wife upon a small farm, and had in his employ one Marshall Mar-
tin. During the stay of Martin, Mrs. Eischler forined a determination to
get rid of her husband, and several plans were formed by her and Martin
for carrying into effect her deadly purpose. In pursuance of the plan, Mar-
tin went to Antioch one day and purchased a quantity of arsenic, and when
he came home she mixed some of it with stewed pumpkin and put it upon
the table for supper, but it so happened that Eisehler did not partake of
any of it. The next morning it was thrown down the privy vault. A few
days afterwards she repeated the dish; but Martin claimed that he per-
suaded her to throw it away. She then wanted Martin to tell Eischler that
there were some pigs for sale at Point of Timber, and to go along with
him in the wagon, get him to drinking, and then buy a bottle of whisky
and put arsenic into it. Martin went along with Kischler, but for some
reason the plan did not succeed. Another plan was then formed by which
Martin was to knock Eischler off the Wagon on the w

ay home from Antioch,
and run the wagon over his head.

A neighbor riding home with them pre-
vented the execution of this plan. Then she suygested that M
shoot him. Martin had a revolyer

artin should

Which he had purchased from a man
who got it in Vallejo, and it would be necessary to go there

to fit it. She gave him the money to go the
and returned. The day upon which the

to get cartridges
re, and he got the cartridges
murder was committed, Kischler
went to Antioch for a load of flour. Martin accompanied him,

according to
instructions. Before starting she placed

an old blanket in the wagon so
that Martin, after killing Kischler, could wrap the body up in it,
he returned she would go with him to an old well near by and they were eA:
to throw the body down the well, pour coal oil upon it and burn it up. i
Martin’s heart failed him, and he did not shoot Eisehler, When they re-

turned she was very angry with Martin for not carrying out her plan, and
told him that he did not love her one bit or he would do ats she wished
him to. After unloading the flour and putting the horses in the stable, (it
being about 4 P. M.) as Martin testified, he went about doing the chores
and Eischler commenced making a double-tree. He had a piece of coup-
ling, an ax, saw, hatchet and jack-knife, and was using the wagon-tongue
asa work bench. Martin says that while he Was watering a cow, which
had to be led to water by a rope, Mrs. Eischler came out
talking to her husband. They had some very high words ;

and when

and commenced
he heard Eisch-


348 Htistory of Contra Costa County.

Mv = } eRe ae
l . OF Martin E BERRYESSA.—On Monday, February 8, 1864 at the
LOW? ti ) ka ;
: 1 of Old Pinole, Martine Berryessa was stabbed with a knife by a man
W rs + - r ~ ’ © oh ha - ; ‘ : :
10 Was known by the solitary name of I rancisco. Death was almost instan
“ as Ee ee asi : stan-
eo The facts of the case are these: Some two or three weeks before
lard words had pas twee ti ;
nati a passed between the parties, and the charze of horse-steal-
Vis : ‘ ‘ 7
id 2 uundied from one to the other. 17 hereupon a seutfle ensued, in
w ‘a 4 . ‘ oe hg . , . :
be N : cut was received in the leg by Francisco. They then separated
atter threats =grye pads ; . : é . :
i tureats were thrown at Berryessa by Francisco, and they did not
cross each other acai il i :
again until the day of the fatal mectine when F
and two men with him, were, for some hours, at Pinole
ror n os
Were about leaving, they saw Jerryessa, and,

rancisco
Just as they
aay : bth
observed that somebody wanted him ata place aaa sf tas saheiad
ta go with them, Whereupon he was. tolid he should Ye made to BS when
Francisco drew a pistol upon him. He held up his hands as if ieee off
the shot, or to seize the weapon, and then, instead of firing the pistol cas
cisco unsheathed aknife and stabbed him under the a 4 Goivcine Whi
back lumediately below the shoulder, penetrating the Fives and ‘iatiibe
io if fall dead. The murderer and his two companions thes fled ae
1s¢e > o or , re x ;
Co being caught by the bystanders, after a short chase, was lodged, in the

jail at Martinez.

MURDER OF —— ARAVENA.—On Friday, June 17, 1864, a Chileno
named Aravena was killed under the following rcuniiicione.. aos
for Some unexplained reason, he attacked a man named Humblot ‘; resident
of Oakland, Alaineda county, who, in self-defense, turt od th - med
wnddes : red on the deceased

Merpen Or A Max Namep “Jo.”—In the month of June, 1874, but on
what day we cannot ascertain, a man ealled “Jo” was abled = Juan
Alvarez, at Pinole. The cause was liquor and jealousy Aiiices dstivered
himself up to the authorities, but Was discharged, oie Se

Murper or Jesus ;
} [R OF JESUS ‘A.—The f 7] i
ne Abierto Daya. The following detailed murder was com-
ovember 12, 1864, under the most revengeful and brutal cireum-
stances. “ars that: a]
sa s It appears that a Mexican by the name of Luis Romero had been
vine ' ily , : : 6 P “ °
; Bh : family of the same nationality, a few miles from Pinole In that
1ousehold was ine : , , i 4

te | was included a young woman about sixteen *ears old, the sister
o 4 air yO: ae .
1© mistress of the house. This young girl’s name was Jesus Diana
( one, ee we us : oe :
‘omero Was courting her and was very anxious to marry her, She. how-
Vv TT “pf Tey } > } } } é i ao * i
: er, ina all his solicitations, whereat he Was very much incensed.
mediately after breakfast, ¢ i

, ° yn the morning i ay, he < his

gun and started off as | - = al the fatal day, he took his
g Started off, as he said, on a hunting trip. Only a few moments

passed, however, before < to i
we rho , before he came back to the house, and found the married
Sister outside at a well near by.

43.) v . .

me ; es :
The murdered girl was within, washing

Ffomicides of Contra Costa County.

butcher-knife. Her screams quickly brought the absent sister to the door.
Upon the latter crying out to Romero to desist, he turned upon her, too,
with the same knife, when she ran away. He called to her not to be afraid,
for he should kill himself also. He then went back, took the gun, which
was double-barreled, put it to his own throat, holding it under the chin so
that the charge should pass into his brain, and thus killed himself. Before
doing this, however, he had stabbed the girl in several places, one of the

wounds going entirely through the body.

MURDER OF VaLENcIA.—On Saturday, August 25, 1866, a Mexican
or native Californian, named Valencia, died at Martinez from the effects of
a wound received at the hands of Jesus Garcia on the previous Tuesday.
It is said there was no provocation for the assault, although some quarrel
had occurred between the parties. The attack was made with a stick or
club of oak wood, with which the deceased was severely beaten upon the
head and other portions of the body. Garcia was arrested, tried, and on
December 27th senteneed by District Judge Dwinelle to imprisonment for
two years in the State Prison.

MurRDER or Mrs. Exizanetn Rogtxsox.—The following most. brutal
murder was committed at Martinez on the night of December 26, 1864, on.
the person of Mrs. Elizabeth Robinson, an aged woman who dwelt in the
vicinity of the Roman Catholic Church, in that village. The facts of the
case are these: The body of the deceased was discovered lying upon the
floor by the child of a neighbor sometime during the forenoon of Thursday,
the 27th, and upon this information a number of persons immediately re-
paired to the premises and found the body in a night-dress, upon the floor
of a rear room, with the head,face, arms and hands fearfully cut and gashed,
and several stabs in the breast and throuat—one of the latter being entirely
throuch the neck, from front to back. Near the body was a piece of candle
and a candlestick, and from the appearances led to the belief that the de-
ceased, aroused by the noise made in entering the house, had arisen from
her bed, Jighted the candle, and, on entering the rear room from which the
noise proceeded, received a severe blow upon the forehead, followed up by
assaults with a knife, against which the gashes upon the arms and hands
show she had made a protracted but unavailing struggle. The floor of the
house displayed blood tracks, and upon one of the partitions was the full
print of a bloody hand, made by the murderer, probably, on groping his way
through the dark. There were, also, the marks of bloody fingers upon the
sliding window, showing that he had carefully closed it on his retreat from
the premises. The object of the murderer was undoubtedly plunder, as the
deceased, who was about seventy-five years of age, by a long life of toil
had accumulated some property, and may have been supposed to have
toney with her in the house, which bad all the appearances of having been


AB AOA, US HOH FI I IE GEE LIES ET NT SS

350 FTistory of Contra Costa County.

searched after the life of the woman had been taken. On Friday, the 28th,
a mixed-blood Mexican and Indian, called Manuel Jaurez, was arrested un-
der circumstances which tended strongly to identify him with the murder,
several articles which belonged to Mrs. Robinson having been found in his
house in Martinez. He was duly incarcerated, and, after a trial lasting an
entire week, was found guilty of murder, the testimony against him being
entirely circumstantial, but most conclusive. On May 10, 1867, he was
sentenced to be hanged on June 28th, on which day he was exectited at the
jail in Martinez. Before the carrying out of the sentence, in response to
the notice that he was at liberty to say anything he might desire to com-
municate before execution, in substance he remarked: “In a few minutes I
shall be in the presence of my God, and I now declare that I am innocent
of the crime fur which I am condemned to die; and what I have previously
confessed, I did in the hope of escaping punishment.”

KILLING oF SacrAMENTO Letmpas.—On the evening of Monday, January
7, 1867, Sacramento Leibas was shot and fatally wounded by Antonio
Figueroa, in the Pastor House, a saloon and boarding-house in Pacheco, and
principally patronized by native Californians. A difficulty had existed
between the parties for some time, and several weeks before, deceased com-
plained of Figueroa for threats against his life, but the evidence submitted
to Justice of the Peace Sayles, before whom the case was brought, did not
warrant the placing him under bonds. On the evening of the killing three
men came into the saloon together: Bonifacio Pacheco, Espirito Almosan
and Antonio Figueroa, all somewhat under the influence of liquor. Figueroa
commenced to abuse Leibas, who replied, “It’s all right, I don’t want any
words.” He then directed his conversation to Antonio Leibas, brother of
the deceased, in the same strain, and finally the remainder of those present
came in for a share of his vituperation. After a while he went out, but
soon returned followed by Pacheco, who was apparently endeavoring to hold
his arm. Figueroa raised a pistol, pointed it at Sacramento Leibas, who
was standing behind the counter, and fired, the ball taking effect near the
heart of the unfortunate man, who died in about an hour and a half. Not-
withstanding being pursued, Figueroa escaped. Pacheco and Almosan were
arrested as accessories, nnd after examination were discharged for want of

evidence; they were subsequently re-arrested and lodged in jail in Martinez.

Figueroa was traced to a point on the San Joaquin, near Firebaugh’s Ferry,
where it is supposed he obtained a crossing in a boat kept there by a party
of Sonoranians. The accessorics were found “ Not Guilty,” May 18th, and
discharged.

KiLuinc or Peter LyNcit.—It appears from the records that for some
time previous to the committing of this deed, a Portuguese named Antonio
Corquillo, had been in the employ of Peter Lynch, who resided on-San Pablo

Homicides of Contra Costa County. 351

creek. Onacertain Saturday evening in the month of March, 1867, a bottle
of liquor was taken to the cabin where both the men lived, and both becom-
ing intoxicated a quarrel ensued. The Portuguese finally went to his bed,
but was soon after assailed by Lynch. A struggle ensued, and in self-defense
Corquillo seized a monkey-wrench from a tool-chest near by and dealt to
Lynch a fatal blow. He made a full confession, surrendered himself to the
authorities, and on May 11, 1867, was tried and acquitted.

Kunuine or Exocu J. DAvis—One of the proprietors of the Cumberland
House, at the Black Diamond coal mines, named Enoch J. Davis, died March
1, 1867, from the effects of a knife-wound inflicted by Williain Bowen, some
ten days prior to the decease. From the testimony given at the inquest it
appears that Bowen and another party got into a quarrel over a game of
cards and were ordered by Davis to go out of the house to settle their
difficulty ; they accordingly went out and after a fist scuflle, returned, still
disputing, when Davis again ordered them away to fight the matter out, at
the same time applying some derogatory epithets to Bowen, upon which he
ran to his room and returned with a knife, asking Davis if he called him a
“son of ,” and upon the reply of Davis that he did, plunged the knife
into his breast ; then going back to the room, in which there were several
other lodgers, threw the bloody weapon on the table and declared he would
take the life of any man who called him such a name. The wound of Davis
was not thought at first to be mortal, and Bowen remained at the place
until within a few days of the decease, when he left.

Kintinc or WILLIAM NeEsBit.—The circumstances of this case are these,
as gleaned from the dying deposition of the victim. The murder was com-
mitted near Somersville on the night of December 21, 1866. On that night
a difficulty having originally occurred between Nesbit and George Vernon,
he (Nesbit) went to the house of Vernon for the purpose of settling the
difficulty without further trouble and called at the door of Vernon's house
and told him that he wished to talk with him peaceably and settle their
difficulty without further words. Vernon told him all right, wait until 1
get my boots and Twill come and talk with you. Vernon went into the
house and returned instantly with a pistol, and whilst Nesbit was sitting
on the porch pf Vernon's house, he tired at him, the ball striking him in the
breast, and as he jumped to run he again shot him in the back, [He also
fired other shots which did not strike him. On April 24, 1867, Vernon was
found cuilty of manslaughter and sentenced to ten years imprisonment in
the State Prison. In 1871 he was pardoned, the grounds given by Governor
Haight for so doing being: “There are serious doubts of his guilt, and it is
the opinion of many of the citizens of said (Contra Costa) county that he
should not have been convicted, and these doubts seem to be well founded.”


he murder of Jerry Harris, a fellow convict, at San Quentin. He was

+

y
ied in the Marin County court and refused to have an attorney assist him.
] -—The Marin Journal, San Rafael, Thursday, Oct. 2, 1902

Willie Luis, the Chinese murderer, was hanged at San (Quentin on !riday. Just

previous to the execution M. P. Christensen of San Francisco, a member of the

Anti-Capital Punishment League, shouted,"In the name of Jesus Christ, thou

shalt not kill." He was rushed out by guards and all was quiet thereafter.
--The Marin Journal, Sun Rafael, Thursday, Dec. 12, 1912

Edward Delehante, the negro life prisoner who killed a fellow prisoner in
San Cuentin, was hanged at i‘olsom on Friday. Just before the execution he
said, "While that (murder) is the word for my crime, I am not a murderer at
heart. But the law requires my execution and I am ready." Delahante was
happy the night before and ate a hearty meal and listened to music.

-——The Marin Journal, San Rafael, Thursday, Dec. 12, i912

grave, and the people are better off without him. He was hanged at Folsom
prison on Friday. It seems hard to make these statements but they are true.
There is no pleasure for the prisoner to be confined for life as he has
been, and to turn him loose would be a menace to the public.
—The Marin Journal, San Rafael, Thurgijay, July 17, 1913
| May 31, 1877—Chronological History of Marin County:

Juan Salazar, the Indian murderer, was hanged near the west entrance
to the Courthouse. A high board fence enclosed the space. George W. Bond
built the scaffold. ‘The Journal of that date says, "It (the scaffold) is
a firm, substantial structure, and it will be kept in readiness for future
use—thdre being some reason to hope it will not get rusty before it is

wanted a second times." About 175 invited guests witnessed the execution.
ceeanrceceeceetet tet,

. Openheimer is no more for this world. 'Tis well. He is better off in the

isty,McKay Go | to Death on Gallows
The long chapter in the criminal career of Alexander McKay and K Joseph
Kristy ended last Friday when both were hanged at San Quentin for their part
in the kidnapping of members of the prison board and the beating of former
Warden Holohan. The British government made numerous efforts to save McKay's
Y life on grounds that he had not harmed his captors. (Governor Merriam twice
Vv stayed the execution date but refused to interfere last Friday. Both men
e) walked to the gallows without any outward sign of weukmess. This ends a
story of a prison break in which four convicts, including McKay and lristy,
escaped, Straight, the leader, was shot to death by district attorney
Bogshaw, and Landers, the fourth convict, is serving life. He is said to
have advised against beating up former Warden Holohan.
-—The Marin Journal, San Rafael, B May 28, 1936

OM LCLACS of Onira Osta OuHLY.

ler say to his wife: “ Woman, take your clothes and go back to the w
house you came from.” Then Mrs. Eischler stepped back and picking up
the ax, said: “Tl give you w house,” and struck her htsband on the
back of the head, knocking him over the wagon-tongue so that his body
doubled over it; she then straddled the tongue and struck him two more
blows on the front part of the head. Then she called Martin to come and
help her drag the body into the stable. After placing it in the stable Mar-
tin went to saddle his horse for the purpose of going to the Good Templars’
Lodge, at Eden Plains’ School-house, about two miles away. While fixing
his horse, he says that she went into the stable with the ax and struck the
victim two more blows with the ax, and that when she came out she said
that she had found him sitting up, but that she had fixed him now. When
Martin returned from the Lodge she told him to go and arouse the neigh-
bors and tell them that Eischler was dead in the stable, and that the horses
had kicked hiin to death. He obeyed her instructions. When the neighbors
came some of them suspected that he had been murdered. The next day
when they went to examine the body they found a great many hoar-hound
burrs upon the woolen shirt of the deceased, and by this means they found
where the body had been dragged to the stable. Afterwards they noticed
the flies gathering upon Martin’s shoes and pants, and this fact, together
with the burrs upon the woolen shirt, led them to make search for the place
where the murder had been committed. During this search Martin was
very active in leading them off in different directions, but finally they came
to the wagon and examined the sandy soil around it. They soon found a
damp place, and upon putting some of the sand ina basin of water it ex-
hibited a bloody color, and a greasy scum rose to the surface. Martin and
the woman were then arrested and taken to Antioch, where they both made
confessions, each charging the other, however, with having directly done
the murder; and Martin's testimony, under cross-examination on the trial,
substantially agreed with this summary of the facts of the case.

Marshall Martin was duly executed January 23, 1874, having previously
made a full confession of his share in the dread crime. On the scaffold he
said: “Gentlemen, I am here on this platform to die an innocent man. That
woman deserves ten times as much to die.” It is not meet that we should
here note the shocking details of his execution; these will remain in the
minds of many of our readers.

The wife of the victim of the barbarous drama has been ever since an
inmate of the lunatic asylum at Stockton.

Kituinc or —— Jamrens—What is known as “Sydney Flat,” about
half a mile below Somersville, was the scene of a most wanton murder,
committed about one o'clock on the morning of Monday, January 27, 1873.
Two wretched and disorderly brothels, to the annoyance and mortification

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WAS VERY MEAN TO HIS WIFE AND CHILDREN, AND BEAT THEM |
FREQUENTLY. ON FEBRUARY 1, 1928, Mr. AND MRS. CROCE
JOINED INA LEASE OFTHE HOTEL. TO ONE VELLUTIN: WH Was
TO CONTINUE ITS OPERATION. SHE WAS TO CONTINUE TO WORK
IN THE PLACE, AND FOR HER SERVICES SHE WAS TO RECEIVE
THEIR BOARD AND SIXTY DOLLARS PER MONTH. THINGS GREW
WORSE BETWEEN THE CROCES AND ON OCTOBER 31, 1928, SHE
SUED HIM FOR DIVORCE WHICH WAS UNCONTESTED AND GRANTED
TO HER, GIVING HER ALSO, THE CUSTODY OF THE CHILDREN AND
THE PROPERTY. SHE CONTINUED TO WORK AND SUPPORT HER:
CHILDREN AT THE HOTEL. CROCE WAS AWAY A LOT, BUT CAME
BACK TO GREENWOOD OCCASIONALLY. HiS LAST TRIP WAS ON
DECEMBER 24, 1928. HE STAYED WITH A FRIEND OR RELATIVE
NOT FAR FROM THE HOTEL. HE SAW ONE OF THE OLDER CHILDREN
ON THE STREET ON DECEMBER 24TH, AND ASKED IF HE COULD
COME AND EAT CHRISTMAS DINNER WITH THE CHILDREN. HE HAD
BEEN TELLING ALL AROUND THAT SHE AND VELLUTINI WERE LIV~-
ING TOGETHER AT THE HOTEL, WHICH SHE AND THE CHILDREN
OLD ENOUGH TO KNOW, DENIED. SHE LIVED DOWN STAIRS WITH
THE CHILDREN. VELLUTINI’S HEADQUARTERS WERE UPSTAIRS.
THERE WAS SO MUCH ILL FEELING BETWEEN THE CROCES THAT
SHE WOULD HAVE NOTHING TO DO WITH HIM, AND WOULD NOT IN-
VITE HIM TO CHRISTMAS DINNER. THE EVIDENCE ALSO SHOWED
HE WAS A HEAVY DRINKER.

THEY GOT THEIR WATER FOR THE HOTEL KITCHEN ON
THE BACK PORCH. HE KNEW IT WAS HER CUSTOM, WHEN SHE
FIRST GOT UP IN THE MORNING AND STARTED THINGS GOING, »
TO GO OUT ON THE PORCH AND FILL THE TEA KETTLE WITH WAT-—
ER, HE LATER SAID HE INTENDED TO KILL EITHER HER OR VELL-
UTINI, WHICHEVER ONE CAME TO THE DOOR FIRST, AS HE SAID,
"TO CLEAN UP THAT SCANDAL,” SHE CAME ‘TO AND OPENED THE
poor. AS SHE DID SO, CROCE, WHO WAS STANDING RIGHT THERE,
SHOT HER. SHE TURNED AND RAN INTO THE BEDROOM WHERE HER

CHILDREN WERE, SCREAMING, "HE HAS KILLED ME, 1] KNEW HE
WOULD DO !T." H&E FOLLOWED HER UP AND SHOT HER IN THE BACK

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re f AM NOT SURE OF THE REASON, BUT IT 1S A FACT, THAT

THE PUBLIC GENERALLY iS FAR MORE INTERESTED IN CRIMINAL
CASES THAN ANY OTHER. PERHAPS IT 1S BECAUSE MANY OF THE
FORMER FREQUENTLY LAY BARE THE SEAMY SIDES OF LIFE, AND
A MORE OR LESS MORBID CURIOSITY ATTRACTS A LARGE SEGMENT
OF THE PEOPLE. OR MAYBE IT IS BECAUSE OF SENSATIGNALISM,
OR BECAUSE A LOT OF PEOPLE WANT TO GE CLOSE TO AND LOOK
AT PEOPLE WHO ARE IN TROUBLE, PEOPLE WHO MAY GO TO JAIL,
OR THE PENITENTIARY, OR BE EXECUTED. | DON'T KNOW. BUT,
WHATEVER THE REASON, A COURT ROOM HAS VERY FEW ONLOOK—
ERS WHEN A CIVIL CASE OR INCONSEQUENTIAL CRIMINAL CASE IS
ON TRIAL, BUT LET A CRIMINAL CASE THAT HAS RECEIVED SOME
NOTORIETY, COME ON FOR TRIAL, AND THERE IS ALWAYS AN
AUDIENCE, THE SIZE OF WHICH DEPENDING UPON THE GRUESOME-
NESS OF THE CASE OR THE POPULARITY OR UNPOPUL LARITY OF
THE DEFENDANT OR DEFENDANTS, OR ITS OTHER ENTERTAINING
FEATURES. A COURT ROOM IS FREQUENTLY § CROWDED BY SPEC-
TATORS DURING THE TRIAL OF A CRIMINAL CASE; BUT THIS iS
RARELY SO WHEN A CIVIL SUIT IS BEING TRIED.

} HAVE BEEN INTERESTED IN MANY CRIMINAL CASES,
OVER THE YEARS. | WOULD HESITATE TO SAY HOW MANY. I|
HAVE SELECTED ONLY A FEW TO DETAIL HERE.

PEOPLE vs. CLEVE MARSHALL — THIS WAS ONE OF MY
FIRST CRIMINAL CASES OF ANY GONSEQUENCE . AN INFORMATION
WAS FILED IN COURT ON APRIL. 13, 1921, CHARGING THE DEFEN-
DANT OF HAVING MURDERED HIS BROTHER, CHARLES. THE
DEFENDANT HAD A WIFE AND ELEVEN CHILDREN, AGES FROM 1 TO
17. WHEN THE BODY OF CHARLES WAS FOUNS IN HIS YARD, THE
HOGS HAD APPARENTLY MUTILATED HIS FAGE AND ONE COULDN'T
TELL MUCH ABOUT IT. THE CORONER TOOK CHARGE AND RAD THE
BODY BURIED. SOME OF THE NEIGHBORS WERE SOMEWHAT SUS-
PIGIOUS AND SUGGESTED TO SHERIFF BYRNES THE CASE MIGHT
BEAR LOOKING INTO. THE BODY WAS EXHUMED, AN AUTOPSY

156


PERFORMED, AND A BULLET WAS FOUND AS THE CAUSE OF DEATH.
BYRNES, AFTER FURTHER INVESTIGATION, HAD A MURDER CHARGE
FILED AGAINST CLEVE. HE HAD NO MONEY WITH WHICH TO HIRE
A LAWYER, SO THE JUDGE APPOINTED THREE OF US TO DEFEND
HIM. W.D.L. HELD, GEORGE REDWINE, AND I. WE DIDN'T
HAVE TOO MUCH OF A DEFENSE TO GO ON. BUT AFTER THE EV
DENCE WAS ALL IN AND THE MATTER CAME ON FOR ARGUMENT, WE
THREE DEFENSE COUNSEL AGREED TO SUBMIT THREE SEPARATE
THEORIES TO THE JURY. HELD ARGUED IT WAS AN ACCIDENT; RED-—
WINE ARGUED HE WAS INSANE; AND | ARGUED THE EVIDENCE WAS
INSUFFICIENT TO SHOW HE DID IT AT ALL. HE WAS CONVICTED OF

MANSLAUGHTER AND SENT TO STATE PRISON AT SAN QUENTIN.
HIS TERM WAS FIXED AT TWENTY-FIVE YEARS FROM JUNE 12,
1921. HE WAS PAROLED, HAS LONG SINCE SERVED HIS TERM,
AND SO FAR AS [ KNOW, HAS LIVED AN EXEMPLARY LIFE SINCE.
: PEOPLE vS MARIO CROCE — ON JANUARY 4, 1929, THE
GRAND JURY RETURNED AN INDICTMENT ALLEGING THAT ON DECEM-—

SER 26, 1928, HE MURDERED HIS WIFE PARINA. UPON HIS
ARRAIGNMENT iN COURT, HE PLED NOT GUILTY AND NOT GUILTY BY.
REASON OF INSANITY. A FEW DAYS LATER HE WITHDREW THESE
PLEAS AND ENTERED A PLEA OF GUILTY TO MURDER OF THE FIRST
DEGREE. UPON SUCH A PLEA HE COULD HAVE BEEN SENTENCED TO
DEATH OR TO LIFE IMPRISONMENT. A TRIAL WAS NECESSARY TO
ENABLE THE COURT TO DETERMINE WHAT THE PUNISHMENT SHOULD
BE.

HE WAS REPRESENTED BY ABLE ATTORNEYS, HENRY C.
Spurr, JAMES GC. HURLEY, AND WILL VAN DYKE. As DISTRICT
ATTORNEY, | REPRESENTED THE PEOPLE. THE TRIAL WAS SET
_ FOR JANUARY 29, 1929 AT TEN O'CLOCK A.M. HE APPEARED AT
THE TRIAL WITH ATTORNEYS R.J. THOMAS AND WILL VAN DYKE.
THE TRIAL PROCEEDED AND MANY WITNESSES WERE EXAMINED.
THE EVIDENCE INTRODUCED SHOWED THE FOLLOWING FACTS:

MARIO CROCE AND HIS WIFE PARINA AND THEIR SIX
CHILDREN LIVED AT THE UNION HOTEL IN GREENWOOD (ELK).
MARIO AND PARINA OWNED AND OPERATED THE PROPERTY. HE

157


(WHEN TERESA WAS KILLED). SHE SAID THEY WERE. WE TOOK
-POSSESSION OF HIS SHIRT, OVERALS#S, AND UNDERWEAR AS EV-—
IDENCE. WE FOUND BLOOD AND OTHER TELL-TALE EVIDENCE ON
HIS UNDERWEAR. LEHEW WAS PLACED UNDER ARREST FOR HER
MURDER AND WE BROUGHT HIM TO UKIAH WITH US AND LODGED
HIM IN JAIL, WE ALSO GOT FROM HER MOTHER, THE CLOTHES
HER DAUGHTER WAS WEARING ON THE DAY OF THE HOMICIDE .WE
TOOK SAMPLES OF THE DIRT ALL AROUND WHERE THE BODY WAS
FOUND AND HAD LIEHEW CLEAN HIS FINGERNAILS AND KEPT THAT.
WE THEN SENT A DEPUTY SHERIFF WITH ALL THESE ARTICLES TO
A FAMOUS CRIMINOLOGIST IN BERKELEY FOR EXAMINATION AND
REPORT. WHEN HIS REPORT CAME, IT WAS VERY PERSUASIVE.
THE BLOOD ON LEHEW'S UNDERWEAR WAS THE SAME TYPE OF
BLOOD AS TERESA'S. SOME OF THE DIRT ON HIS OVERALLS WAS
| WWENTICAL WITH THAT AT THE PLACE THE BODY WAS FOUND,
BLUE DYE WAS FOUND ON HER PANTIES OF THE SAME QUALITY
AND TEXTURE AS WAS ON HIS OVERALLS. SOME OF THE SAME
DIRT WAS FOUND IN THE CLEANINGS OF HIS FINGERNAILS AS EX—
ISTED AT THE SCENE. OTHER YALUABLE CONCLUSIONS WERE MADE
AND DEMONSTRATED TO US BY THE CRIMINOLOGIST, WHOSE NAME
WAS HEINRICH, BUT FROM HIS DEMONSTRATIONS, WE WERE EN—
TIRELY SATISFIED THAT TOM LEHEW WAS THE KILLER. BUT WE
WANTED TO BE AS POSITIVE AS WE COULD BE. WE BELIEVED THAT
IN TIME LEHEW WOULD TELL US ABOUT IT. EVERY ONCE IN A-
WHILE, WE WOULD TALK TO HIM, THE COURT REPORTER ALWAYS
TAKING DOWN EVERYTHING THAT WAS SAID, WHILE HE HAD DIFF—
ICULTY BEING CONSISTENT IN TELLING WHAT HE WAS DOING ON
THAT FATEFUL AFTERNOON, WE COULD NOT GET H1M TO ADMIT
THAT HE KILLED THE GIRL, OR THAT HE HAD SEEN IN THE VICIN—
ITY. HOWEVER, ONE DAY | HAD TO GO TO SANTA ROSA FOR SOME-—
THING OR OTHER, AND WHEN | GOT BACK, BYRNES TOLD ME HE
HAD GOTTEN LEHEW TO'ADMIT THAT HE HAD BEEN DOWN NEAR_
THERE ON THAT AFTERNOON; THAT HE HAD NOT TALKED TO HIM
ANY FURTHER, OR SINCE. | SAID ] THOUGHT ] OUGHT TO TALK TO
HIM ONCE MORE. SOME WAS BROUGHT UP TO MY OFFICE. HE,

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SEVERAL TIMES MORE. IN A FEW MOMENTS SHE EXPIRED ONHER
BED AMONG THE, BY THIS TIME, THOROUGHLY FRIGHTENED AND
SCREAMING CHILDREN. CROCE QUICKLY DIGAPPEARED AND CLIMB—-
ED UP IN A NEARBY WATER TANK, SOMEONE SAW HIM » AND NOTI-—
FIED THE CONSTABLE WHO CAME AND CALLED TO HIM TO COME
DOWN. HE CONCEALED HIMSELF UP THERE AND MADE NO SOUND.
SHERIFF BYRNES WAS SENT FOR AND ARRIVED AS QUICKLY ASHE
COULD FROM UKIAH. THERE WAS A CROWD STANDING AT A RE-
SPECTFUL DISTANCE FROM THE TANK, AND WHEN THE SHERIFF
CAME, HE WAS TOLD WHERE CROCE WAS. HE WALKED OVER TO
THE TANK, AND HOLLERED AT CROCE AND TOLD HIM TO COME
DOWN, AND IF HE DIDN'T, HE WOULD COME UP AFTER HIM. CROCE
SAID, "IS THAT YOU, SHERIFF? " WHEN TOLD IT WAS, HE CAME
DOWN AND SURRENDERED.

JUDGE PRESTON DETERMINED, AFTER HEARING THE EV-
IDENCE, THAT CROCE SHOULD SUFFER THE EXTREME PENALTY,
AND SENTENCED HIM TO BE EXECUTED. HE TOOK AN APPEAL TO
THE HIGHER COURTS, AND THE JUDGMENT OF THE COURT BELOW
WAS AFFIRMED. HE WAS EXECUTED AT SAN QUENTIN ON DECEM-—
BER 20, 1929.

>f. PEOPLE VS. THOMAS LEHEW — THE DEFENDANT, THOM-
AS LEHEW, WAS CHARGED BY AN INFORMATION FILED IN COURT
ALLEGING THAT HE MURDERED ONE TERESA JOHNSON, A SEVEN
YEAR OLD GIRL, ON MAY 23, 1929. THE FACTS OF THE CASE
WERE AS FOLLOWS?

TERESA LIVED WITH HER PARENTS OUT OF MENDOCINO
City, ON THE "PRAIRIE", SHE ATTENDED SCHOOL, IN MENDOCINO
AND WENT BACK AND FORTH BY BUS. THE BUS DID NOT GO CLEAR
TO HER HOME, SUT LET HER OFF ABOUT A QUARTER OF A MILE A-
WAY, WHERE THE ROAD FORKED, ONE GOING PAST TERESA'S
HOME, AND THE MAIN ONE GOING OUT FURTHER EASTERLY. THE
LANE THAT TERESA TRAVELED WENT ON PAST HER HOME A FEW
HUNDRED YARDS WHERE A MAN AND HIS WIFE AND THE
BROTHER Lived. THE BROTHER'S NAME WAS THOMAS LEHEW,

ON THE AFTERNOON OF MAY 23, 1929, THE DRIV


THE BUS LET TERESA OFF AS USUAL, AND WENT ON. TERESA

DID NOT ARRIVE HOME. AN INTENSIVE SEARCH WAS MADE FOR
HER BY ALL THE NEIGHBORS WHO WERE ALERTED, AND JUST BE-
FORE DARK, HER LIFELESS BODY WAS FOUND IN THE SHORT BRUSH,
ABOUT A HUNDRED YARDS FROM THE ROAD. SHE HAD BEEN SEXU-
ALLY VIOLATED AND CHOKED TO DEATH.

RALPH BYRNES WAS THE SHERIFF AND I WAS DISTRICT
ATTORNEY. WE WENT AT ONCE TO THE SCENE AND TOOK THE
COURT REPORTER WITH US. NEXT MORNING BRIGHT AND EARLY,
WE WENT BACK TO THE SCENE AND MADE A VERY CAREFUL IN-
VESTIGATION OF THAT WHOLE TERRITORY. WE TALKED TO EVERY-
ONE IN THE NEIGHBORHOOD AND THE REPORTER TOOK DOWN THEIR
STATEMENTS. THOMAS LEHEW WAS ONE OF THEM. SHERIFF
BYRNES HAD THE UNCANNY KNACK OF QUICKLY COMING TO CON—
CLUSIONS AND NINETY-NINE TIMES OUT OF A HUNDRED, HE WAS
RIGHT. HE TOLD ME RIGHT AFTER WE HAD TALKED TO LEHEW,
THAT THAT WAS THE MAN. | WASN'T SO SURE. IN THAT PRELIM~
INARY STATEMENT, HE SEEMED AT EASE, AND I COULD SEE NOTH—
ING SUSPICIOUS ABOUT HIM. HE TOLD US, AMONG OTHER THINGS,
THAT HE WORKED ON A WOOD PILE BY THE SIDE GF HIS FOLK'S ©
HOUSE ALL THAT AFTERNOON. WE KEPT INVESTIGATING.

THERE WAS A PICKET FENCE LEADING FROM NEAR THIS
WOODPILE OUT TO THE VICINITY WHERE THE LITTLE GIRL HAD
BEEN KILLED. WE FOUND SOME TRACKS NOT TOO DISTINCT, LEAD~
ING ALONG THIS FENCE, THAT COULD HAVE BEEN MADE BY LEHEW.

WE WENT BACK AND TALKED TO HIM AGAIN, PRINCIPALLY TO
LOOK AT HIS SHOES. SURE ENOUGH, THEY COULD HAVE MADE THE

TRACKS. IN ADDITION TO THAT, HE VARIED HIS STATEMENT SOME~
WHAT FROM WHAT HE HAD TOLD US BEFORE. EVERY ONCE iN A~
WHILE, WE WOULD HAPPEN BACK AND TALK TO HIM AGAIN, AS
WELL AS HIS SISTER AND BROTHER-!N-LAW.’ TOM BEGAN TO GET
NERVOUS, AND MADE OTHER CONFLICTING STATEMENTS, WE
WENT BACK TO THE HOUSE AGAIN IN THE AFTERNOON JUST AS HIS
SISTER WAS PREPARING TO WASH HIS CLOTHES. WE ASKED HER

IF THOSE WERE THE CLOTHES TOM WAS WEARING THE DAY BEFORE

169


THE COURT REPORTER, AND i SAT AROUND AND TALKED FOR AN
HOUR OR MORE. IT WAS AN ENTIRELY FRIENDLY TALK, ALTHOUGH
HE KNEW | WAS THE DISTRICT ATTORNEY AND THAT WE THOUGHT
HE WAS THE KILLER. EVERY ONCE IN AWHILE WE WOULD COME
BACK TO THE DAY OF THE KILLING AND TALK ABOUT THE EVENTS
OF THAT DAY. 7 FINALLY TOLD HIM WHAT WE HAD IN. THE FIND-—
INGS OF THE CRIMINOLOGIST, AND FINALLY HE SAID TO ME, "J
KNOW | WAS DOWN THERE WITH HER, BUT I DON'T REMEMBER DO-
ING ANYTHING TO HER.” WELL, THAT WAS THAT. [| HAD HIM
BROUGHT UP TO MY OFFICE AGAIN NEXT DAY, REMINDED HIM OF
WHAT HE HAD TOLD ME THE DAY BEFORE, AND IF HE WANTED TO
CHANGE HIS STATEMENT IN ANY WAY, AND HE SAID HE DID NOT;
THAT HE REMEMBERED BEING DOWN THERE WITH TERESA, BUT
HE DIDN'T REMEMBER ANY MORE ABOUT IT.

A FEW DAYS LATER, HE WAS ARRAIGNED IN COURT.
W.D.L... HELD was APPOINTED TO DEFEND HIM, BUT LATER
HIS FOLKS EMPLOYED JAMES A. MEYERS OF OAKLAND, A LAW-
YER OF MUCH CRIMINAL TRIAL EXPERIENCE, TO TAKE OVER HIS
DEFENSE. .

HE FIRST ENTERED PLEAS OF NOT. GUILTY AND NOT GUIL-
TY BY REASON OF INSANITY. EXPERT DOCTORS WERE APPOINTED

TO EXAMINE HIM AND FOUND HIM TO BE SANE. HE THEN WITH-
"DREW HIS PLEA OF NOT GUILTY BY REASON OF INSANITY, LEAV-
ING ONLY THE PLEA OF NOT GUILTY.

THE CASE WENT TO TRIAL, AND ON JULY 2, 1929, THE
JURY RETURNED A VERDICT OF MURDER IN THE FIRST DEGREE,
WITHOUT RECOMMENDATION, WHICH MEANT HE MUST BE EXECUT-
ED.

HE THEN TOOK AN APPEAL. ON THE APPEAL, HE MADE
NO CLAIM THE EVIDENCE WAS INSUFFICIENT, BUT URGED OTHER
GROUNDS. THE SUPREME COURT, ON APRIL 18, 1930, UNANI-
MOUSLY AFFIRMED THE JUDGMENT OF THE COURT BELOW.

; THOMAS LEHEW WAS THEREAFTER EXECUTED WITHIN

THE WALLS OF SAN QUENTIN PRISON,

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gone far before he heard the report of a wun, and looking back before leaving the valley, saw
Griswold’s house in flames. On account of his cattle he was not able to return at once, An
examination of the ruins, however, revealed the remains of Griswold lying in their midst, with the
can on one side of him'and the iron hoops of the keg on the other, ‘The manner of his death has

_ always remained a mystery; but from the position of the water vessels it was supposed that he was

set

shot while entering his cabin, and that the murderer had set fire to the house to destroy the

_ evidence of the crime. After the death of Griswold, Bradley married the woman, and is still living

_ with her, in casy circumstances,

; a

—~

SEES HANGING OF AMADA CARDINEZ. :

In the fall of 1860 E. H. Bush, a resident of Indian valley, started ona trip to Virginia City,
. Nevada. He was accompanied as far as Taylorville by a young man named Jones, at which place
~ they each purchased a pair of boots of Hosselkus, from the same case. This little circumstance fur-

nished the key afterwards to some important testimony. Mr. Bush made his trip to Virginia City,
aud returned by way-of Mohawk valley, stopping at J, P. Hill’s for the night. Shortly after his
arrival two Mexicans rode up, took supper, and went on in the direction of Jamison City, where
there was a large settlement of Spaniards at the time. In the morning Mr. Bush departed for

Quincy, cight miles below. Fight or ten days afterward Abel Jackson was passing along the road

near Jackson’s ranch, when his dog discovered the body of Bush hidden a short distance to one side. -

He had been shot twice, and one of the balls had entered his forehead, His fect were bare, and lying
beside him was a paiy of old boots, entirely too small for him. Horses’ tracks were found leading
towards Grizzly valley, and a pursuit was made. At Red Bluff, in Tehama county, Bush’s horse was
_ found, where it had been traded off by two Mexicans, and one of the men himself was soon caught

“ina gambtmg-house and brought back to Quincy. The boots he wore were identified by the young

man Jones, alluded to above, as having belonged to Bush, and a mineral specimen of his from the
Comstock lode was also discovered on the prisoner’s person. On the twenty-eighth of March, 1861,
Amada Cardinez was indicted by the grand jury. His trial was begun on the twelfth of July, before
Judge Robert H. Taylor, and he was convicted on the following day. The day of his execution was
fixed for August 30, 1861. Cardinez was a Mexican of the lowest and most brutal order. While

_ he was incarcerated in the county jail, in the charge of Sheriff R. C. Chambers and his deputy,

Billy Webb, Cardinez made an attem pt, or was about to make one, upon the life of Webb, but was
foiled by the sheriff's dog. For a day or two before his execution he was attended by a Mexican
priest from Marysville, who remained with him to the last moment. The execution was performed
in Hangman’s ravine, by Sheriff I. C. Chambers, in the presence of a large assemblage. The old

priest spoke to the felon in Spanish, with much animation and fervor, while on the scaffold. At the

first drop the rope broke, and Cardinez cricd out pitifully, Boys, don’t hang me any more,” as
they were adjusting the rope for another trial. After supper the priest repaired to Coburn’s saloon,
and bucked at a monte game all night,

FREDONYER’S TALK AGAINST TIME.

Atlas Fredonyer a let May 7, 1862, for an incestuous and criminal assault upon the
person of his own dseshek His case came to trial May 12, before the court of sessions, Judge E,

T. Hogan presiding. Patrick O. Hundley, being then district attorney, prosecuted the case ; while
the prisoner volunteered to conduct his own defense. The evidence was conclusive and damning,

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- CALIFORNIA FROM 1513 To 1850.

SAN FRANCISCO:

, FARISS i SMITH. ;

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217

” At the same time handing over a chunk of pure gold weighing eighty-one ounces. The officer

took the gold, and they went back to Marysville, where he managed the business so well that the —
owners never got a cent of it. é

ome
——

* is.

.

EXECUTION OF ELDER AND JENKINS. : | \

\ “ 6

The first legal executions in Plumas county were those of John Jenkins and Thomas Elder, both
; of whom were hanged on the same day. John Jenkins was indicted by the grand jury June 21, 1859,
Mite _ for the murder of Sterling McCarthy on Light’s ranch, Indian valley, May 25, 1859. On the fifteenth
of July he was brought to trial before Judge Peter Van Clief, then ‘sitting on the district bench.
W.D. Sawyer, district attorney, appeared for the people, while Tom Cox and Alexander Baldwin
defended the prisoner. On the second day of trial the jury rendered a verdict of guilty of murder
in the first degree. The sentence of death was pronounced July 23, and the day of execution fixed a
for September 16. The case was appealed to the supreme court, and the judgment contirmed.
© Jenkins was again sentenced at the October term, and on the twenty-eighth of October, 1859,
\ _— suffered the extreme penalty of the law. Thomas Elder was indicted July &, 1859, for the murder
» of Michael Myers, on Rich gulch, June 24, 1859. The homicide was the result of a dispute about a
mining claim on Rich gulch. Elder secreted himself behind a log, and upon the appearance of
Myers discharged the contents of his shot- gun into his body. Quite a number of miners were at
~ that time working on Rich gulch and Rush ercek, but many of them were attending a dance down H
at Rich bar. Those remaining on the gulch, when informed of the killing, assembled together, and ¥ a0
the proposition made to lynch him was voted upon. By amajority of one, it was decided to surrender ‘]
; Elder to the atthorities at Quincy. Elder, after killing Myers, endeavored to escape, but the miners ut
gave vigorous pursuit, and, aided by the sagacity of an Indian, they tracked and overtook him. On ate
his way to Quincy, Elder directed the attention of the miners who were escorting him to the limb of | r
a tree that would make a convenient gallows, and suggested that they hang him then and there. a 3h
But they proceeded onward and delivered him into the hands of the sheriff. His case came to trial, i ie
_and he was convicted on the nineteenth of J uly, 1859; sentence of death was pronounced upon him k css
by Judge Van Clief, July 22. His attorney, Thomas Cox, appealed the case to the supreme court, Pees & oes
but the verdict was confirmed, and the day of execution was fixed for October 28, the same as that .
of Jenkins. The double hanging took place in Hangman’s ravine, near Quincy, in the presence of a f
large crowd, Sheriff R. C. Chambers being master of ceremonies.

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GOT THE WRONG WITNESS. % : "

\ p A German resident of Nelson Point, Adolph Rhinsmeyer by name, desiring to be clothed with
; citizenship and enjoy the privilege of wielding the potent weapon of freemen, the ballot, appeared
before the district court in October, 1859, for that purpose, accompanied by his attorney, P. O.
Hundley. Doctor Vaughan, also of Nelson Point, and entertaining the same political views as the
applicant, was requested by Mr. Hundley to take the stand and testify to the good moral character
of the embryo voter. Without saying a word, the doctor marched up to the stand and was sworn.

“Doctor Vaughan, do you know the applicant, Mr. Rhinsmeyer?” asked the attorney.

“Yes, sir.” : ‘

inate

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“ What is his reputation in the SORA in which he lives ?”
“ A damned scoundrel, sir.”
22

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As an instance of unusual integrity and honoy, and as a tribute to a pioneer who has left an

~~, Anderson of Mohawk valley made a present of a ranch in Mohawk valley to Thomas Wash, an old

228

ANDERSON’S ADMINISTRATION.

SOOO INS ee

unimpeachable record behind him, we mention the following: In the year 1853 Charles A.:

friend of his who hailed from his native county in Virginia. For many years Mr, Wash lived in
possession of the property, and in 1879 died without a family. He left a will at his demise,
naming Charles Anderson as his executor, but leaving the property to other parties. Anderson

- faithfully settled up the affairs of the state, using the utmost economy and the most scrupulous

honesty in the transaction of the business. On the eleventh of November, 1881, he remitted to the
heirs of Wash the sum of thirteen hundred dollars, having received himself from the estate the
paltry compensation of one hundred and fifty dollars for his services. Mr. Anderson left Plumas
county November 12, 1881, with only twenty dollars and fifty cents in his pocket; but he has left

teers

behind him a record that but few men, placed in’ similar circumstances, can boast of—the record of 3 :
an honest man, “the noblest work of God.” AEE &
: RECORD OF CONVICTIONS OF. FELONIES, genes ike :
Crime. Convicted. Sentence, » Disposition. :
William 8, Harper..Murder........ ++. Oct. 19, 1857. ...10 years....Pardoned Aug. 28, 1866,
Fred Ashton.... .. Rape ....., seers Sept. 9, 1858. ....8 years..... Escaped. June 25, 1859.
William Dixon..... Raper -+++.Sept. 17, 1858....2 years..... Escaped Sept. 19, 1859,
John Jenkins......,Murder............. July 16, 1859..... Death. .... Hanged Oct. 28, 1859,
Thomas Elder....., Murder... 5,5 Cee July 19, 1859 ....Death. ... . Hanged Oct. 28, 1859. -
John Motow. woe ee LATCONY... 00. e ce. - May 27, 1861-....4 years... -Escaped July 22, 1862.
— Clark Rugg. 277. «euarceny..o yee ete -May 31, 1861 ....5 years... - Discharged Jan. 12, 1862,
Amada Cardinez....Murder......... +++. July 13, 1861 ....Death..... Hanged Aug. 30, 1861.
~ Atlas Fredonyer.... Assault to rape.......May 16, 1862....6 years..... Pardoned Noy. 26, 1868,
John Ketchersythe. sLiRoeny yf ee May 9, 1862..... 1 year..... Escaped March 8, 1863,
David Hughes..... suarceny 60h eee. Sept. 10, 1862....5 years .., - Discharged Feb. 27, 1867.7
e-Hugh Fat... ees. Manslaughter........ Oct. 18, 1862... 6 years... - Discharged Jan. 80, 1868.
Vincent Olivia. .., Assault to murder. -.- Sept. 28, 1868....1 year. ... . Discharged Aug. 5, 1869,
China Hong......, Assault to murder....April 8, 1869...., 5 years... . Discharged July 26, 1878.
~ Robert Francis. ..., Murder sso. lacie June 2, 1869..... 15 years -. .Pardoned April 12, 1872.
Thomas M. Long. eBurglary. s0 c= Noy. 29, 1871 O71 year. ... Discharged Oct 17, 1872.
John Ryan...., ... Larceny... severe eas Nov. 9, 1874..... 2 years..... Discharged Aug. 8, 1876,
4. T. Brown... 27, Larceny. . ccs... Nov. 9, 1874..... 2 years..... Discharged Aug. 8, 1876.
Henry Thomas... er DArOOny,. soy e. for Nov. 9, 1874.2"; 2 years..... Discharged Aug. 8, 1876.
John Sansome...... Burglary eereteon Oct. 2, 1875.....15 years.... Still in prison.
Frank Barker...... Burglary 00.7: Oct. 2, 1875......5 years..... Discharged Jan. 8, 1879.
George Anderson, . . Forgery..... tere ye April 9, 1878,....1 year..... Discharged Feb, 18, 1879,
Frank Larish:...,..Assault to murder....Oct. 25, 1878....14 years ..Still in prison,
Roscoe G Shaw....Murder...... seseee Oct. 5, 1878..,...For life... Still in prison.
Samuel Cook. ..... Murder. ..... (Pies Sept. 28, 1878....For life. ...Still in prison,
Thomas Kelley. .... Murder, oo ce, ++ April 4, 1879.....For life....Died May 4, 1880,
John A. Crawford,.Murder............ Dec. 10, 1879... .For life....Still in prison, !
B. F. Clark ..... eo Larceny. ..., eevee NOV. 1, 1880.....1 year, ,., . Discharged Sept. 5, 1881,

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EXCERPTS FROM HISTORY OF SISKIYOU COUNTY, CALIFORNIA.

Cases:

1. CROWDER, Sampson White, hanged at Yreka on 11-6-1856, (NO APPEAL) PP 99-100

2. HARTSON, Danforth, hanged at Yreka on July 15, 1857, (NO APPEAL) PP 100-101

3. KING, Thomas, hanged at Yreka on June 23, 1865, (27 CALIFORNIA 507) PP 101-102

4. MORTIMER, Charles, hanzed at Sacramento on May 15, 1873. 101-102,

a

ty (Harve ae free } ai Caley ‘ag ( Sh ar ¥ &, (fp,

HISTORY OF SISKIYOU COUNTY, CALIFORNIA. 99

it to the former publishers. They immediately com-
menced the publication of the

SEMI-WEEKLY JOURNAL.

It appeared as an independent paper until July,
1861, when it was purchased by the present pub-
lisher, Robert Nixon, who commenced and has con-
tinued to issue a Republican paper. At that time
the State was overwhelmingly Democratic, and the
Republicans had but few newspaper champions, the
Journal being one of the pioncers of the many that
now give utterance to the principles of Republican-
ism. It soon took a front rank and became the
leading exponent of the new party in northern
California, a position it has ever since maintained.
Soon after the election of 1861 the issue was reduced
to once a week, under the name of the Weekly
Journal, the size being soon after increased. In
1862-63 the paper was again published semi-
weekly—the exciting war times, the heat of political
feeling, and the pressure of competition requiring
this move to be made by both papers.

Its great rival for popular favor was the Union, and
the rivalry and political differences between these
two spurred them on to energetic exertions, resulting
in giving Yreka two of the most ably conducted
country papers on the coast. Mr. Nixon has stood
manfully at his post for the past twenty years, and
expects to die in the harness. In June, 1880, he
commenced issuing the Journal semi-weekly, and it
now appears every Wednesday and Saturday morn-
ing. The paper has thirty-two columns of local,
editorial, miscellany, and advertisements, is neat in
appearance and made up in an artistic manner.
Each page is eighteen by twenty-four inches. A
fine assortment of job type is in the office, and Mr.
Nixon is a job printer of long experience.

SCOTT VALLEY MIRROR.

In 1860 Dr. D. M. Davidson purchased material,
including the old hand-press on which the Herald
was first printed, and commenced the publication of

a paper with the above name, in Fort Jones. In
June, 1861, the material was purchased by Dumont

& Fowler, and with it the

NATIONAL DEMOCRAT
Was instituted in Yreka. At that time the Union
was the recognized organ of the Douglas wing of the
Democratic party, while the Democrat supported
the Breckenridge wing, until a fusion was etfected
in 1862, when it died a natural death.

SEMI-WEEKLY SCOTT VALLEY NEWS.

The first number of this paper was issued at Fort
Jones by B. H. Evans, in the year 1878. Mr.
Evans by his energy built up the Mews and success-
fully opened a wide field of circulation for it. The

~ material was al new and the dress of the paper was

neat and tasty, as it still continues tobe. In Jan-
uary, 1879, Mr. Evans sold to Norcross & Curtis,
who continued the publication, Mr. Norcross with-
drawing in the fall of 1879. In June, 1880, E. S.
Culver became associated with Mr. Curtis, and the
News is now published by Curtis & Culver. It is
announced as“‘an independent newspaper, devoted
to home interests,” and its columns, well tiled with
topics of local importance, show the interest its pub-
lishers take in local affairs. It has twenty-four col-

ums, and its pages are fifteen by twenty-two inches.
With a good assortment of job type the paper is
prepared to do excellent job work.

ETNA POST.

Another paper was added to the list in June last,
by R. Beers Loos, recently connected with the
Tribune. The Post is a neatly printed and spirited
weekly, and is published at Etna. It is devoted to
the interests of Siskiyou county and especially to
Scott valley. Politically, it is strictly independent,
speaking freely on all subjects.

These papers are the representatives of Siskiyou
county throughout the State, and upon their excel-
lence depends in a great measure the opinion formed
of the people, business and resources of the county
by those unable to make a personal examination. If
this fact was realized better by the business men of
the county, the papers would receive more hearty
encouragement and support. Whatever attracts
attention to, and places before the world the resour-
ces and eapacitics of a community redounds to the
benefit of all, and business men, so realy in most
respects to act upon this theory, seem strangely
backward in their support of the newspapers, their
leading exponents and representatives abroad.

CHAPTER XV.
THE DEATH PENALTY.

THE extreme sentence of the law has been passed
upon five individuals in this county, and upon three
of them was it carried into effect. In the other two
cases the penitentiary was substituted for the gal-
lows. Many murders have been committed and a
number of men convicted and sent to prison for
varied terms, but it is unnecessary to fill these pages
with such unpleasant occurrences, save where a
sentence of death was passed. To the chapter
entitled “The Court of Judge Lynch” the reader is
referred for the particulars of all executions other
than by due process of law.

JAMES BROWN.

After a trial in the District Court for the murder
of a man named Antonio, James Brown was scen-
tenced by Judge J. Montgomery Peters, December
30, 1854, to be hanged Friday, March 2, 1855.
Before the day of execution arrived, his sentence
was commuted to imprisonment for life, and after a
few years in San Quentin he was pardoned by the
governor and liberated.

SAMPSON CROWDER.

Early on Sunday morning, August 3, 1856, the
news went flying swiftly along Scott river that a
cruel murder had been committed at French Bar.
‘The body of S. R. Lewis was found with a knife-
wound in it, while near by lay Sampson Crowder
drunk, grasping in his hand a large pocket knife.
On the floor, also, lay a large knife, the property of
another man.

They had all been on a drunken carouse the night
befere, and these and a few other circumstances
were all the evidence of the crime that could be pro-
duced. Crowder was at once taken into custody
by Constable Barney, and Justice Danicl F. Finley

100 HISTORY OF SISKIYOU COUNTY, CALIFORNIA.

held an inquest. which occupied but a short time
and resulted in a verdict that 8. R. Lewis came to
his death by a knife-wound inflicted by the hand of
Sampson Crowder. Lewis was a native of New
York and ainan of averave standing in the com-
munity, and great indignation was felt by his
friends. They began to gather and talk of violence,
encouraged and assisted by a great many who,
though not particularly friends of Lewis, were
ready to assist at any time in meting out pioneer
justice to a murderer. About noon they made a
rush for the building where the prisoner was con-
fined, and were met at the door by the justice, con-
stable, and a number of citizens, who were desirous
of upholding the law and sought to dissuade the
mob from their purpose. The crowd demanded thie
immediate surrender of Crowder, and were inet with
a refusal. They then called for the evidence taken
at the inquest to be read, and when this had been
done they became doubly excited, and demanded
again to have Crowder given up to them. When
they were again refused they made a determined
attack upon “the house, the officers refraining from
firing upon them and thus avoiding a futile and
bloody conflict. ‘The doors were battered in and
the boards torn off the side of the building, laying
bare the room in which the prisoner was confined.
Crowder was seized by rough hands and hustled
along the center of a crowd of five hundred men, to
a gulch a short distance down the stream, where
preparations were made to hang him at once. This
proceeding was a little too summary to suit the idea
of justice entertained by many in the crowd, and a
murmur of disapproval went up, ending in shouts
of “Give him a trial,’ “Try him first.” John G.
Berry made a speech advising them to let the law
take its course, or at least to give him atrial. A
vote was then taken, and the result was almost
unanimous for giving the man atrial. They pro-

osed to hang him anyway, but thought it would
look better if “they went through the form of a trial
first. The next step was to select a jury, and this
was the rock on which they stranded. As men
were solicited to form one of the body they would
decline the responsibility. They were willing to
hang the man, but did not care to have their names
sO prominently associated with the act. There were
some, also, when asked to form part of the jury,
who said they were opposed to the whole proceed-
ing, and as one after another made this remark,
they gathered courage, and boldly declared that it
was ashame to so contravene the law, and recom-
mended that he be returned to the custody of the
authorities. Only six of that whole crowd expressed
a willingness to become jurymen: A vote was then
taken on the question of delivering him again to the
olticers, and the whole crowd stepped across the line
in a body. This settled the matter, and Crowder
was taken back to town, surrendered to the con-
stable, and by him taken at once to Yreka and
safely lodged in the county jail.

The law’s delay, so annoying and subversive of
justice, was not experienced in this case. The grand
jury found an indictment for murder, and Crowder
was brought up for trialin the District Court before
Judge J. Montgomery Peters, on the twenty-fifth of
August but three weeks after the deed was com-

mitted. The case was prosceuted by District Attor-
ney R. B Snelling, assisted by Eli H. Stone and J.
D, Turner, while John D. Cook and John D. Cosby
conducted the defense. The evidence was entirely
circumstantial, and the defense had no witnesses
whatever. ‘The trial lasted four days, and on the
twenty-ninth the jury returned into court and were
discharged. They had been out all night, and were
unable to agree, one man holding out for acquittal.
Another jury was impaneled the next day, and a
new trial proceeded with, ending in a verdict of

‘murder in the first degree, after a trial of four days.

On the fifth he was brought before Judge Peters,
and by him sentenced to be hanged on Saturday,
the first of November.

On the day before the execution Crowder wrote
a history of his life, hy which it appears that his
name was Sampson White Crowder. He was born
in Attala county, Mississippi, February 16, 1832,

his father being a pious Methodist, and his mother a_

half-blood Choctaw. In 1845 the family moved to

Red river, in the Choctaw Nation, where he lived -

till he came to California in 1854. He mined
at various points in Siskiyou county until the day
Lewis was killed. He had been a victiin of intem-
perance, but for four months had not tasted a drop
of liquor until this fatal night he yielded to tempta-
tion, became drunk, and all that happened after-
wards was as unknown to him as to the rest. The
gallows was erected on the east side of the creek,
near the cemetery, and when the day of execution
arrived, Sheriff Samuel P. Fair summoned a body-
guard of fifty men to escort the condemned man to
the scaffold, and preserve order during the execu-
tion. At twenty minutes past two Crowder stepped
upon the fatal platform, attended by Rev. Mr.
Baker, and gazed upon the faces of three thousand
people assembled from miles around to see him die.
He made a short speech,-in which he warned his
hearers to beware of drink, that whisky had
brought him where he now stood, and said that if
he killed Lewis he knew nothing of it. After
standing there forty minutes the drop fell at three
o'clock, and Sampson Crowder was ushered into
eternity.

Scarcely a man can to-day be found in Siskiyou
county who believes that the bloody deed was com-
mitted by him whose life paid the penalty upon the
scaffold. The man who owned the knife found by
the body of the murdered man disappeared the day
after the murder.

DANFORTH HARTSON, OR SAILOR JIM.

Sailor Jim was one of the characters of Siskiyou
county, one of the bad characters. He had shot
several Indians, and was looked upon with suspicion
by many, some of whom thought him connected
with the murder of old man Cosby, though in his
confession he denied having had anything to do
with it. In the spring of 1857 he shot John W.
Burke, a most estimable citizen, at Canal gulch, near
Hawkinsville, for which he was arrested and tried.
Burke made a dying statement, charging Hartson
with his death, which was admitted in evidence.
The jury, also, went to view the scene of the crime.
The trial commenced May 6, 1857, and closed on
the thirteenth, with a verdict of murder in the first

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HISTORY OF SISKIYOU COUNTY, CALIFORNIA. 101

degree. On the eighteenth, Judge J. Montgomery
Peters sentenced him to be hanged on Wednesday,

July 15, 1857. The prosecution was conducted by

the District Attorney, E. H. Stone, and the prisoner
was ably defended by S. Hurlbut and Riley Hay-
den, who tried in vain to secure for him a new trial.
Sheriff Fair prepared for him the same gallows on
which Crowder had been executed, and when the
day arrived conducted the doomed man to the scene
of his death, escorted by the members of Siskiyou
Hook and Ladder Company. When everythin
was ready the fatal drop was made to fall, and
every one was horrified to sve the criminal’s head
slip out of the noose, after sustaining a severe jerk.
Sailor Jim fell clear through the platform to the
ground, from which he was raised in a Half-conscious
condition and again assisted upon the scaffuli.
While they were making preparations to hang him
the second time, he said, “ For God’s sake, don’t do
that again.” This time more care was observed,
and soon his lifeless body hung at the end of the
rope. All the agony of mind, if there is such, that
is suffered by a criminal during the preliminaries to
an execution, Sailor Jim passed through twice.
The awakening from what he no doubt imagined
was death to a realization that he must go through
the torture again, must have been terrible to him.
No wonder he entreated them not to make another
blunder. He made a confession, in which he
ailmitted the killing of Burke, but claimed it to have
been in self-defense.

' THOMAS KING.

After lying in jail two years, and receiving two
trials, hoping for a release from the extreme penalty
of the law until a few weeks before his death,
Thomas King was exccuted on the twenty-third day
of June, 1865, for a heartless and causeless inurder,
for dealing a death-blow, unprovoked and unex-
pected. He was born in Ireland, and when about
twelve years of age, lelt his home because his parents
had punished him for some offense. For several
years he roamed about the United Kingdom, the
associate of bad characters, until for the commission of

some felony he was transported to Australia. When

the Crimean war was raging, a regiment was raised
among the convicts, by order of Lord Raglan, the
men being given their liberty at the close of the war.
In this regiment King enlisted, and after the fall of
Sebastopol received his discharge. He made his
way to Halifax, and from there to California, an |
to this county. After mining at Humbug, Scott Bur
and various other places, he went to the south fork
of Scott river, where he committed the terrible crime,
for which the law exacted the penalty of his life.
On the second of July, i863, having alrea ly
become considerably under the influence of liquor, he
entered French’s saloon, and began flourishing a
knife in a threatening manner, and was deprived of it
by the barkecper. Among others in the saloon was
James Duffy, who had been drinking, and whom
King accused of having his knife. The accusation
was denied, and upon being informed where the
knife was, King demanded it from the barkeeper
and it was restored to him. Throwing the weapon
upon the floor and striking a tragic attitude, he

exclaimed: “There lays me dagger. Whoever picks.

“then sprang to the door and fled.

it up, dies by me hand.” Not dreaming of danger,
Duty stooped, pickel up the weapon and laid it
upon the counter, saying, “You wouldn’t kill me,
your best friend, would you?” “Yes, [I would,” he
said, as he took up the knife and made several false
motions, touching Dutfy’s breast’ with the handle,
while the victim stood there smiling, unconscious of
danger. Suddenly King reversed the knife, and
with a quick, hard blow, buried it deep in Duffy’s
heart, the murdered man sinking to the floor with
the exclamation,“ You have cut me.” King made a
pass with the bloody weapon at the barkeeper, and
The horrified
witnesses ot the trazedy stood for an instant in blank
amazement, and then hastened in pursuit of the
murderer, whom they soon overtook and secured
after a slight resistance.

He remained in jail until the following February,
when, after a trial lasting three days, he was found
guilty of murder in the first degree, and was sen-
tenced by Judge E. Garter to be executed Friday,
March 18, 1864. An appeal to the Supreme Court
gained for the condemned mana new trial, based upon
the construction of a statute, and not upon the
merits of the case. He was again tried in Septem-
ber, and was sentenced to be hanged on Friday,
November 4, 1864, but an application to the Su-
preme Court produced a stay of proceedings until
the case could be reviewed by that body. While
awaiting the decision of the court, on Saturday, the
eighth of February, 1865, he made a bold, and for a
time, successful attempt to regain his freedom.
Confined in the jail, which was the old wooden
building first erected by the county, were alse
George Foster and Robert Ferry, both under a sen-
tence to the penitentiary fur grand larceny, and
McGuire, a deserter from the army. The last named
was allowed in the corridor, and was in the habit of
calling for water. About eight o'clock on the mglit
in question Foster suceveded in getting out of his
cell, and after releasing the prisoners fromm their cells,
had McGuire call for water, as usual, and when
Jailor McCullough opened the door he was seized,
gaged, and bound, and the prisoners escaped, having
their irons still upon them. They bad been gone
but twenty minutes when their flight was discovered.
The town was aroused, and people started in all
directions in search of the fugitives. About daylight
Ferry was caught at Cherry creek by John Hen-
dricks and others, having been unable to get rid of
his irons. About two o'clock Sunday afternoon
William Short and Charles Brown found King in a
clump of manzanita bushes, near Deming’s old brick-
yard,. but a short distance south-west of Yreka.
His long confinement of nineteen months had so
weakened him that he had been unable to procced
further or to remove the irons fronr his limbs,
although one of them he had succeeded in sawing
partially through. A party composed of Livy
Swan, A. V. Burns, J. Babb, A. D. Crooks, Sherman,
Stone, and Groots, in pursuit of Foster and McGuire,
stopped Monday night at Cherokee Mary’s, a resort
for thieves, nine miles from Yreka. About four
o'clock ‘Tuesday morning the two fugitives ap-
proached the house and were ordered to surrender,
and upon attempting to escape were fired upon by
Jesse Sherman, with a shot gun, and Foster was

NAPA COUNTY, CALIFORNIA.

v4
ae

COMPRISING THEIR

GEOGRAPHY, GEOLOGY , TOPOGRAPHY, CLIMATOGRAPHY,
SPRINGS AND TIMBER.

ALSO, EXTENDED SRETCHES OF THEIR

MILLING, MINING, PiscICULTURE AND WINE INTERESTS;
nOGETHER WITH

A Full and Particular Record of the Mexican Grants; frarly History and
Setilenent, compiled from the most Authentic Sources; Names of
Original Spapish and American Pioneers; a Full Record of
their Orgameation and Segregation; a Complete Political
flistory, including a Tabular Statement of Office-
holders since the Organization of the Counties.

-ALSO,

me
K

HISTORIES OF ALL THE TOWNSHIPS IN BOTH COUNTIES,
INCLUDING TOWNS, CHURCHES, SOCIETIES, ETC.,
ENCIDENTS OF PIONEER LIFE,

AND

BIOGRAPHICAL SKETCHES

OF EARLY SETTLERS AND REPRESENTATIVE MEN.

N

HUST RATE

SAN FRANCISCO, CAL.
SLOCUM, BOWEN & CO. PUBLISHERS.
1881.


i THINK FROM THE FOREGOING CASES, WE CAN GENERAL—
IZE ABOUT OUR JURY SYSTEM. IT IS A GOOD SYSTEM, BUT TWO
THINGS DO STAND OUT IN BOLD RELIEF. IF THERE IS EVIDENCE
IN THE CASE, NO MATTER HOW STRONG, WHICH POINTS TO THE
DEFENDANT'S GUILT, BUT THERE IS ALSO GREAT SYMPATHY FOR
HIM, THE EVIDENCE MUST TAKE A BACK SEAT TO SYMPATHY. THE
VAN DUREN CASE IS A GOOD ILLUSTRATION OF THAT, AND THE
SECOND POINT IS, THE LONGER A DEFENDANT CAN HAVE HIS CASE
POSTPONED, THE BETTER THE OUTCOME WILL BE FOR HIM. THE
GUIDI CASE 1S A GOOD EXAMPLE OF THAT.

AGAIN, WE HAVE A SEQUEL OR TWO IN THIS ELLIOTT
ET AL CASE. AFTER JESSE ELLIOTT HAD BEEN IN SAN QUENTIN

FOR SEVEN YEARS, HE BECAME ELIGIBLE FOR PAROLE, AND i
HELPED HIM GET IT. AS WAS TO BE EXPECTED, HE HAD BEENAN

EXEMPLARY PRISONER, AND A PAROLE FOR HIM WAS NOT HARD TOC
GET. THEN YEARS LATER, HE, HAVING COMPLETED HIS PAROLE,
AND STILL HAVING AN EXEMPLARY RECORD, WANTED ME TO
GET A PARDON FOR HIM FROM THE GOVERNOR. THIS WAS NOT SO
EASY, BUT | FINALLY MADE IT AND GOT A PARDON FOR HIM. HE
WAS THEN AS FREE AS THE BIRDS. BUT SOON THEREAFTER, HE
ASSAULTED AN INDIAN WOMAN IN HER HOME AND THE CONSE-—
QUENCES MIGHT HAVE BEEN VERY SERIOUS IF NEIGHBORS HAD NOT
INTERVENED. ! WAS THEN JUDGE, AND THERE WAS NOTHING |
COULD DO BUT SEND HIM BACK TO SAN QUENTIN, WHICH i DID ON
HIS PLEA OF GUILTY. HE DIDN'T STAY THERE LONG, RETURNED
TO UKiAH, AND LIVES THERE NOW, I SEE HIM ON THE STREET
OCCASIONALLY, BUT HE 1S NOT WHAT YOU CALL ELATED TO SEE
ME. HE USUALLY LOOKS THE OTHER WAY.

- ENOCH WILLIAMS DIED IN SAN QUENTIN, I DON?T KNOW
WHAT BECAME OF WALLACE MCGEE, BUT THINK HE 1S DECEASED.
CLEMENT DUNCAN LIVES SOMEWHERE AROUND UKIAH, NOT LONG
AGO, | SAW HIM AT A DISTANCE — OR TOOK IT TO BE HIM. THUS
ENDS THE SAGA OF THE MILO GUIDI MURDER AND TRIAL.

PEOPLE vS. PAUL CHARLES WINTON — ON NOVEMBES

5, 1947, AN INFORMATION WAS FILED IN THE SUPERIOR COURT,

163

_ &


CHARGING THE DEFENDANT WITH THREE COUNTS OF MURDER ae
CHARGED HIM WITH MURDERING THREE PEOPLE, ON OCTOBER. 22,
1947. FOLLOWING ARE THE FACTS OF THE CASE. HE, HIS
BLIND WIFE, HIS DAUGHTER AND HER HUSBAND AND TWo SMALL
CHILDREN, LIVED IN A HOUSE IN MeNDocino CITY. FRICTION
DEVELOPED BETWEEN HIM AND THE OTHERS, AND HE MOVED OUT.
HE WAS DRINKING PRETTY HEAVILY. HE HAD A 30-30
RIFLE. HE DECIDED To KILL HIS FAMILY. ON THE NIGHT OF
OCTOBER 22, 1947, HE WAITED OUTSIDE THE HOUSE UNTIL,
THOSE INSIDE WENT TO BED AND TURNED OUT THE LIGHTS, THEN,
HE WENT TO THE BACK DOOR AND KNOCKED. HIS SON-IN-LAW
SWITCHED ON THE LIGHTS, WENT DOWN STAIRS AND OPENED THE
DOOR. WINTON SHOT HIM AND HE FELL DEAD ON THE FLOOR.
THEN WINTON WENT RUNNING UPSTAIRS AND FOUND HIS DAUGHTER
IN HER BEDROOM TRYING TO HIDE BEHIND A BUREAU, HE SHOT
AND KILLED HER ON THE SPOT. THEN HE RUSHED iNTO His
WIFE'S BEDROOM, SHE SENSED WHAT WAS GOING ON AND WAS
SCURRYING BEHIND THE BED WHEN HE CAME IN. HE aT ONCE ~

SHOT AND KILLED HER. THEN HE PICKED UP THE Two CHILDREN
AND DISAPPEARED,

THE SHOOTING NATURALLY ATTRACTED THE ATTENTION
OF NEIGHBORS WHO CALLED THE OFFICERS, THE OFFICERS
CAME AND BEGAN A SEARCH FOR WINTON. THEY couLpD NOT
FIND HIM, HE HAD ToLD SOMEONE A DAY OR SO BEFORE THAT
HE WAS GOING TO WIPE ouT HIS ENTIRE FAMILY, AT THE TIME,
THE LISTENERS THOUGHT iT WAS JUST DRUNKEN TALK. THEY
NOW ADVISED THE SHERIFF WHAT HE HAD SAID. THE SHERIFF
LEARNED HE HAD ANOTHER DAUGHTER LIVING ON A SMALL. RANCH
NEAR UKIAH, AND 'T WAS FEARED HE WOULD Now MAKE FOR
THERE. ROAD BLocKs WERE SET UP ON ALL ROADS LEADING TO
UKIAH. HE DID NOT SHOW UP. HE HAD HEADED For UkiaH
ALL RIGHT, BUT STOPPED AND STAYED ALL NIGHT AT BOONVILLE.
NEXT MORNING, HE WENT ON To UKIAH AND DROVE INTO THE
PLACE WHERE S3S-DAUGHTER LIVED, THe SHERIFF MAD REMOVED
THE DAUGHTER AND HER FAMILY OUT OF THERE » ANO PLACED A


DEPUTY IN CHARGE TO WATCH FOR WINTON, IF ANOS WHEN HE
CAME, AND WHEN HE DID COME, HE WAS PLACED UNDER ARREST
WITHOUT A STRUGGLE. .
HE WAS CHARGED WITH MURDERING PIS WIFE, ESTHER
WINTON, HIS DAUGHTER MARY PORTER, AND HIS SON-IN-LAW
CLIFFORD PORTER. TWO GOOD LAWYERS WERE APPOINTED TO
DEFEND HIM, IRVING N. BRAZIER AND NEWELL RAWLES. HE
EVENTUALLY PLED GUILTY TO THREE CHARGES OF FIRST DEGREE

MURDER. I WAS UNFORTUNATE ENOUGH TO BE JUDGE AT THE

TIME AND | HAD A COURT HEARING TO DETERMINE WHETHER HIS
PUNISHMENT SHOULD BE LIFE [IMPRISONMENT OR DEATH. THE
FACTS BROUGHT OUT AT THE HEARING SHOWED HIM TO BE A
HALF-BREED INDIAN. HE HAD MARRIED A “YANKEE DUTCH—
WOMAN" WHO LATER BECAME BLIND AS A RESULT OF SYPHILIS.
IN 1930, HE HAD BEEN SENT TO SAN QUENTIN FOR SEVERELY
ASSAULTING HIS THIRTEEN YEAR OLD DAUGHTER. HE WAS
PAROLED, BROKER HIS PAROLE IN 1933, AND WAS SENT BACK
TO PRISON. IN THE CASE BEFORE THE COURT, THERE WERE NO
EXTENUATING CIRCUMSTANCES AND HE WAS SENTENCED TO i
SUFFER THE EXTREME PENALTY ON EACH OF THE THREE COUNTS.
AN APPEAL WAS TAKEN TO THE SUPREME COURT, AND THAT
COURT AFFIRMED MY JUDGMENT. HE WAS EXECUTED AT SAN
QUENTIN ON MAY 28, 1948. THUS ENDED THE WINTON CASE.


hanging for thirty minutes, the body was cut down and a

Jelivered to friends. /

“John Beker and Charles Crouch, convicted
aurderers, were hanged on August 29, 1874. Baker, a -
young man of twenty-six was convicted of the murder of
George M. Cline. The murder took place along the old *
read from Fall River to Redding, a few miles west of a
the Hat Creek turnoff. Crouch was tried and convicted
of the murder of Antonio Naddler. Sheriff Hull was
assisted in this double hanging by his deputies, Sheriff
Charles Slooth of Tehama and Sheriff Philbrook of Trinity.
Revarend Anderson offered the last prayers. The scaffold
was well constructed and in excellent working condition.
None of Baker's relatives had visited him after his
conviction, but Crouch was visited by his relatives and
buried at his father's expense. |

One of the most daring jail-breaks in the
history of Shasta is the escape of Shorty Hays, a man by
the name of Thompson, and two other desperate criminals
in 1873. They had been arrested near Cottonwood for the
robbery of the Wells Fargo express box transported by one
of the Oregon and California stages. The prisoners freed
themselves from their cells and took guns from the
Sheriff's office. When the cook from the Empire Hotel

arrived at the jail with the prisoners! evening meal,

hey seized him and locked him in one of the cells and made

+heir escapee The escape Was detected, and the alarm was
givens The escaped men ran toward the hills east of town
and were pursued by the townsmen who kept firing at the
escaping prisonerse Thompson and the two others were
captured, but Shorty Hays slipped into an abandoned
Chinese grave and remained until nightfall. He slipped
away during the night and made his way south. However,
nis feet became frozen and he was unable to continues;

he was apprehended in the vicinity of Marysville. All
the prisoners were returned to the Shasta jail, convicted,
and punished.>4

One of Shasta's most interesting political

sontests was the suit of We Ee Hopping against Sylvester
ull and Robert Kennedy. Hull and Hopping were candidates
for the office of Sheriff for a number of years. The
tera of county officers in those days was for two yearse

Hopping, having been elected for two terms, served from
January, 1865 to January, 1869. Both were defeated by
Sheriff Greene in the next two elections. Sylvester Hull
won the elections against Hopping for the next five terms,
and served from January, 1873 to January, 1883. Hopping

finally-won in the election of November, 1882 against

34cnurtleff, Charles A. "Shasta," op. cite p- 115.

a ee

‘
2,

ag ak OR es
‘the Wah cay eB ae: ca

*

Sierra County gallows
is California’s newest
historic landmark

By Jane Braxton Little/Gazette-Journal

DOWNIEVILLE, Calif. — Behind the Sierra County
Courthouse, a skeleton of sienna planks juts 15 feet out
of the dank hillside into an overhang of cedar and
maple branches.

This is the Sierra County gallows — once the site of
hangings; ‘today California’s newest historic land-
mark.

‘Good or bad, the gallows are part of our local heri-
tage,” Said Sierra County Sheriff Lee Adams.

self-confessed history nut, Adams became the
gallows’ guardian angel three years ago when he was
county undersheriff. His efforts to restore the struc-
ture culminated recently in a ceremony dedicating
California’s only original gallows as a Registered His-
toric Landmark.

Attending along with history buffs, state and local
politicians, and red-shirted members of E Clampus
Vitus were relatives of the victim of convicted mur-
derer James O’Neill, the only person to hang from the
wooden structure, and relatives of the sheriff who
conducted O’Neill’s execution on Nov. 21, 1885.

Although Adams had frequently walked past the
dilapidating wood frame, it was an anonymous $20
donation and the gallows’ 100-year anniversary in 1985
that focused his attention on the eerie structure. Its 13
steps were broken, its upright timbers rotten, and its
hanging platform a downright hazard.

“Nobody did anything at all when the gallows
turned 100 years old. And then I heard that somebody
had anonymously donated $20 for fresh paint. That’s

when I started to think about fixing up the gallows,”’
Adams said. ,

He soon realized that paint was the least of the gal-

lows’ needs, and in 1986 applied for funding from the

, i . See GALLOWS, 12C
[a=S ff a

Keno GAzete-Seurnal


From page 1C

California Department of Parks
and Recreation. A $17,000 grant,
along with $2,000 in county gen-
eral fund money and private dona-
tions, bought new planks, wooden
pegs and paint for the Structure,
which cost a modest $63.71 to build
in 1885.

‘These gallows are an impor-
tant historic artifact, and an
ambassador of California’s crimi-
nal justice past,’’ Adams told the
crowd that gathered in the jail
yard for the dedication. In addi-
tion to being one of only two gal-
lows remaining from the 19th cen-
tury, the Downieville gallows are
a symbol of the forces which
created Sierra County, he said.

In the early 1850s the area
belonged to Yuba County, and the
Seat of government was in Marys-
ville, a day away on rutted moun-
fain trails. The gold miners who
populated the remote banks of the
Yuba River’s north fork had a way
of taking the law into their own
hands.

- The morning after the town’s
Fourth of July celebration in 1851,

a lynch mob went after a woman

named Juanita. The flight before

- She had knifed a man who had

forced his attentions on her during
the festivities. Word of Juanita’s
hanging from the iron bridge over
the Yuba River soon Spread to
State authorities in Sacramento.

“The people down there decided
they had to do something for us up
here. That led to the creation of a
Separate Sierra County with its
own law enforcement powers,”’
said Adams.

The now-historic gallows were
built after another gruesome
affair, this one a legal execution in
1856. Convicted murderer Morde-
cai Harlow was led to the platform
of an earlier Structure, but-when
the hangman sprang the frap, the
rope stretched so far that Har-
low’s feet touched the ground.
Horrified spectators at the hang-
ing rushed onto the platform and
pulled the rope, holding it up until
Harlow was dead, Adams Said.

In comparison, the O’Neill exe-
cution in 1885 went Smoothly,
although there was one small
hitch. A nervous Sheriff Sam
Stewart was apparently anxious to
have the business over, and hit the
iron hangman’s level a bit prema-
turely. A deputy was Standing on

the trap adjusting the noose over

O’Neill’s head, and went down
with him. He was saved by no
rope.

t O'Neill was convicted of killing
his boss, John Woodward, who
operated a dairy near Webber
Lake.

“We always knew grandpa was
murdered, but we all heard a dif-
ferent story about what hap-
pened,”’ said June Combellack of
Placerville, one of Woodward's
three grandchildren who attended
the dedication ceremony. Whether
Woodward argued with O’ Neill
over his treatment of Woodward’s
favorite mare, or O’Neill made
angry demands for his pay, the
relatives agreed that their grand-
father was shot in the back.

“Grandma was Sitting at an
upstairs window, pregnant, and
She saw the whole thing. That I
remember,’’ said Combellack.

The story of the murder was
also passed on to Arlene Thomas
of Sacramento, granddaughter of
the sheriff who issued black-bor-
dered invitations to O’Neill’s offi-
cial execution.

““My mother had quite a few
Stories about the wild days in
Downieville,”” Thomas Said.

»


1416 fiistory of Napa and Lake Counties-—N ara.

Manuel, R, T. Lane, G. N. Cornwell, H. AL Allen, A. 5S. Kuapp, and William
Greenleaf. A verdict of guilty of murder in the first degree was rendered
by the jury. -A motion for a new trial was made and overruled, and on
the 12th day of June, 1865, the Judge passed the sentence of death by
hanging upon him. On the 7h day of Rrrask, 1865, he expiated his ertme
upon the gallows, being the first man ever hanged in Napa County under the
sentence a the law. “When the day of execution came he marched boldiy

upon the gallows, refusing all counsel or consolation from friend or priest.
and faced his death with a fortitude worthy a nobler cause.

3

Murder of Patrick O’Brien.—This foul murder has some elements of

horrid hellishness about it which are not to be exceeded in the annals of

crime. An old and peaceable man was living with his daughter, a young
girl of some seventeen summers, on a small farm in Wild Horse Valley. be
young. man, not yet thirty years of age, came into the neighborhood, a
seeing the circumstance, at once begins to plan his fendish plot. He
conceived the idea that if he would kill the father he could step in and
betriend the girl in her affliction, marry her, and thus secure the property.
Accordingly, on the 20th day of January, 1864, he set about to consummate
his hellish design. On that. morning the father, little dreaming that his
days were numbered, went to work as usual in his field. The murderer, J.
Gilbert Jenkins by name, went to the house of a neighbor, Mrs. Sanders,
and borrowed a rifle, stating that he wished to killa deer. In two or three
hours he returned the rifle. This was on Wednesday. Time passed and
the father did not return, and the daughter became alarmed. The neigh-
bors were aroused and a thorough search was instituted, but without avail.
Queries began to be rife as to the cause of his cdlisappearance. Suddenly
Mrs, Sanders remembered the incident of loaning the gun to Jenkins on
the morning of the disappearance of O’Brien. This fact she communicated
to the people, and on the strength of it Jenkins was arrested. Brut he
understood the loops of the law too well to remain long in custody, and
was released on habeus corpus, there being nothing to prove his guilt or
connection with the affair except the incidental borrowing of the rifle.
And so matters continued until the Tuesday following the disappearance
of the murdered man, when the search for him was re wasted 3 in. finding his
grave, which was located about three hundred yards from his eae: It
was about two feet deep, and was covered with leaves, so that it eluded clis-
covery until that time. Jenkins was again arrested. It appeared that
when shot, O’Brien was in a stooping position, and the ball entered near the
back bone, between the fifth and sixth ribs, ra wnged upward, passing through
the left lung and windpipe, and lodged in the bute ot the jaw. The Coro-
ner’s jury returned the following verdict: “The deceased was about forty-

fu


144 fIrstory of Napa and Lake Counties—WNapa.

chanced to be at the State Capital (Benicia) that.day and learned what had
been done. Captain T. G. Baxter chanced to be at Benicia with his little .
steamer, and these parties chartered him to bring them to N apa with all .
possible speed. He crowded his little engine to her utmost and reached the
destination ahead of the party who was bringing the pardon, who came
overland. The news was spread and the people determined to make short
and quick work of the matter, but decided to wait if possible till nightfall
todo it, The ferry was disabled so that when the officer came from the
Governor bringing the pardon he could not be ferried over. N oboty would
give him any assistance, and left him to get over the stream as best he
could. He proceeded by way of the Trancas, but when he arrived in town
everything was as still as death. He proceeded to hunt up the man for
whom he had the pardon, and found him hanging by the neck, dead and
almost cold. The building in which he was hanged stood on the south-east
corner of Main and Second streets, and was shipped around the Horn, all
ready to put together when it arrived here. .

Murder of

Prieto —This occurred in July, 1859, in that part of
Napa City known as Spanishtown. There was a general row going on
among the Spaniards and Prieto was stabbed several times, any one of
seven of them being severe enough to have proved fatal. One Geralda
Feliz was held for the commission of the deed by the Grand J ury, dub there

is nothing further on record concerning the case.

Murder of George Litenbrough—This oceurred in Berryessa

a Valley,
July 28, 1860, and the deed, which was said to have been a very cold-blooded
one, was perpetrated by Thomas Lofton. The difficulty grew out of a clispute
about a tract of land, and Lofton had a navy revolver with which he shot
his victim. He had, besides this revolver, a rifle, and the elfizens and
ofiicers were unable to arrest him, hence he made good his escape.

Lor i

a

Killing of James Cummings.—Berryessa Valley was also the scene of
this homicide, and, while the trouble grew out of land matters, as had the
last one, the circumstances were much diferent. John See, the man who
did the shooting, had a claim on a piece of land in the valley. He also had
charge of a band of sheep, which belonged to another party. It became
necessary for him to take the band of sheep to the lower end of the valley
and to remain absent from his claim for some length of time. He left his place
in charge of a younger brother and a man named Wood. The man, Cum-
mings, who got killed, had the name of being a bad man, and as soon as.
See was gone set about making preparations to “jump” his claim. The
first thing he did was to bribe Wood with torty dollars to leave the place.

*

flomuides of Nata: County.
2 Z 4

HOMICIDES OF NAPA COUNTY.

There is no subject which the faithful historian finds so hard to treat as
that of the homicides of a county. It is difficult to learn of all that have
-occurred, 2s in many cases the perpetrators are never apprehended, or: if
they are, but little or no evidence is left on record of the fact. Again, there
is much difficulty experienced in getting at the full and exact truth of the
matter. Newspaper accounts are not always to be trusted, still they are the
most reliable source of information accessible except the testimony given
in Court. Of this, but little generally remains on record. Stenographers
are paid large sums of money for reporting these cases, and yet practically it
avails nothing to the State, for of what benefit is a book of short-hand
notes to the majority of the people? It should be so provided that each
county should have a regular stenographer at a given salary per annum,
who should be an officer of the Court, be present at all times, and his notes
should be written out in full in a book of record prepared for that purpose.
The time will come when such will be the case. We will now proceed with
the Homicides of. Napa County, and will premise by saying that no undue
prominence has been given to one case above another except so far as the
facis have been attainable. The most of the facts have been gleaned from
newspaper reports of the affair which were published at the time, and on
the most reliable information that is now to be had, except in a few cases
where the testimony is on record. | |

Murder of S. H. Sellers—Sometime during the year 1850 George C.
Yount and Isaac Howell had a lawsuit which crew out of some trouble con-
cerning their stock. This man Sellers was a Justice of the Peace and ren-
dered a decision in favor of the Howell side of the case. A man by the
name of Hugh McCaully, who was a relative of Yount’s, met Sellers some
time after the trial,in a store, and began to upbraid him for the way he had
decided in the case mentioned above. Sellers was sitting on a barrel and
was answering McCaully in a very sarcastic manner. Finally the latter be-
caine enraged, and whipped out a large knife with which he cut Sellers
through the back, killing him almost instantly. McCaully was arrested,
tried, and found guilty of murder in the first decree, and was sentenced
to be hanged. His friends then set about to obtain a pardon for him, which
they prevailed upon Governor McDougal to grant. Some Napa people


ffomuides of Napa County. 14:

He then went to the house and, with threats and a show of firearms,
frightened the younger See off the place also. He then proceeded to take
possession by throwing See’s things out of doors and installing himself as
master of the domain. A few days later the older See came to the place in
a wagon with a party of hunters, and, seeing his things cast out of doors,
proceeded to the house to see how matters looked. Just then Cummings
put in an appearance with a cocked revolver and ordered See to quit the
premises. See went to the wagon and procured a gun, with which he shot
and almost instantly killed Cummings. This occurred on the 24th day of
November, 1860. See was arrested, or gave himself up to the officers, and
was acquitted by the Justice of the Peace.

Murder of Thomas Wilson—Wilson lived in a small cabin by himself

in Wild Horse Valley, some five or six miles east of Napa City. On the
] x
10th day of October, 1861, he was found in his house with a black silk
cravat (handkerchief) tied around his neck, and it was evident that he had
\ ;
been strangled to death. No clue was ever found to the perpetrator of the
f= | a

deed

‘furder of Joseph Warren Osborne—He was killed by Charles Brit-

tjan April 18, 1863, on his own premises, now known as the Woodward
estaie, near Oak Knoll station, under the following circumstances: Brittian
had worked for Osborne on his farm as a laborer, and for said services
he received a check on a bank in San Francisco for the sum of two hundred
and sixty-five dollars. On presenting his check payment was refused on
it. He then went to see Osborne, who promised to settle the matter within
a few days.’ Brittian then returned to San Francisco, and after a few days
procured a revolver at a store, and started for Osborne’s place. On his way
up to Napa on the steamer-he stated that he was going to have his money
or that he would kill Osborne. Arriving at Oak Knoll he proceeded to the
house of his victim and inquired for him, and was told that he could be
found in the orchard. Thither he went on his ghastly errand, and began a
conversation with him. No one was present to hear the language used by
either party, but parties at a distance soon saw by the motions being made
that there was some trouble between them, and saw some aggressive
motions made by Brittian. Osborne then picked up a rock, and at once
Brittian shot him, and he died in a few moments. Brittian was arrested
and lodged in jail, and indicted May 18, 1868, and the trial was called June
ist of that year, when the prisoner plead not guilty. The jury in the case
was composed of the following gentlemen: Robert Greenlaw, Charles

Drew, Charles Thompson, J. H. Gooch, L. H. Murray, C. Musgrave, D.
10


His punishment was twenty lashes, wnich were administered

without delay .°?

Other methods of punishment practiced in the
mining camps for minor crimes were branding and ear
clipping. Some violators were less unfortunate. They
were merely dunked in the icy streams and banished from
the community. The miners’ manner of justice was not
only thorough but rapid and effective.-9 The juries,
usually made up of hard working miners and other leading °
citizens, did not have much sympathy for crininals;
they did not hesitate to recommend capital punishment.>*

[tn November, 1855 E- Ae Higgins was convicted
of the murder of a Horsetow miner and was sentenced to
heng.s The gallows were constructed one mile outside of
town, and the prisoner was veacecertes there in a cart.
A guard of seventy-five men accompanied the wagon. Higgins

seemed very little disturbed about his hanging and waved

jovial greetings to the crowd that walked beside the cart

29ci1es, Op. cit. p» 133.

Bcoy, In the Diggings in 'Forty-Nine, loc. cit.

3loeorge Albro related the story of the murder of a man
by the name of Moran about the year 1865. Moran was stabbed
to death in a saloon brawl by Pete Little. Little escaped
in the confusion, but the miners in the vicinity caught up
with him in a few hours near the mouth of Spring Creek. Mr.
Albro remarked that his father was ons of the miners in the
search for Little. They forced Little into a burlap sack,
filled it with rocks and threw him into the river.


0

the Chinese ventured back into cha: countys° Most of

and very little
27

Shasta's Chinatown was destroyed by fire,

evidence remains of their existence theres

Shasta had its share of outlaws and murders.

The miners labored for many hours for 4 Livelihood and

would not tolerate crimes of any kind, particularly
stealing. The miners did not wish to lose tine from

specting to build jails or punish law breakers.
28 :

their pro

Justice was administered quickly and simply.

Those guilty of more serious crimes, such as

surder or horse stealing, were hanged. Lashing was the

Sees ee

punishment for the less gerious crimes. /Talman Bates was

the first man to be hanged in Shasta. He was found

guilty of the marder of a man by the name of Mitchell.

The murder was investigated, and witnesses testified as

goon as Bates was arrested. As the jury found the

defendant guilty, sentence was passed.
In 1851 a man named Mercer was caught

Bates was hanged

on the spote

stealing gold dust from a winer's purse at the St. Charles

Hotel. Mercer was tried immediately and was found guilty.

26 ouston, A.W. “Chinese Gold Diggers," The Covered
Wagon, Shasta Historical Society, 196.

27one of the few remaining Joss Houses in the State
of California is found in Weaverville in excellent condi~

tione It is under the responsibility of Mr. Moon Lee.

2ooy, The Diggings in 'Forty-Nine, op. cit. Pp. Lit.

73

EE

and reminded them that they had to walk in the hot sun but

that he was riding in style. Upon arriving at the site
of the gallows, he requested a bottle of brandly, and
between sips he delivered several speeches on general
topics of interest. When he had finished the brandy,
he coneluded by wishing them a long and happy life,
asked for their forgiveness, and informed the sheriff he
was ready to seing. Within the hour he was buried in the
Shasta conetery.” |

[Indian Dick received the death penalty for the
rmarder of a Chinaman. The hanging was scheduled for
May 1, 1861. ‘The necessary preparations were made by
Sheriff Follansbee on Thursday vy the erection of a gallows
within the yard at the rear of the County jail.7? tyenty-
five persons were selocted by the cheriff to witness the
execution. After a prayer by @.K. Godfrey, the trap was
sprung; the body was cut down in twenty-two nihites,|

[ on august 16, 1867, Indian Doc was sentenced to
hang for the murder of a Chinaman, Ah Gap. A guard of
twelve men of the Lyon Light Infantry under the command

of Lieutenant Richards witnessed the execution. After

32 southern, Ope cit., pe 376

23 this information on the hanging was obtained from
Mr. Bisbee, the curator of the Shasta State Monument. Mr.
Bisbee is of the opinion that the scaffold was duilt new
fcr each hanging and afterward was dismantled.

Laity IK cate 1S if "Roe i < ee ae Be, » ; ,
£4. BO aged probe scadM Rie weed i oi Teg 4 Kips oly piehierk <5

Yeh hte = Hike Det hate EST) Bi ht ad ey ee ae CeO ee iP RES)

Ree Ge {ik he eee TLE Rg ts GOR AES ORM Rag TD gee hae OME Ty ag St

tities

0 Sane


So eee) anon ae dent Lmao! mai

wcll

SHASTA COUNTY, CALIFORNIA.

SHASTA, CALIFORNIA
A HISTORY
1849-1888

A GRADUATE STUDY
Presented to
the Graduate Council

Chico State College

In Partial Fulfillnent
of the Requirements for the Degree

Master of Arts

by
George C. Kutras

June, 1956


Homicides of Napa County. : 149

that she escaped from her room through an open window. Davis then went
to the barn and awakened a young man, and told him to go to the neigh-
bors and tell them that he had killed his wife, and would himself be dead
within five minutes. On his way from the barn he discharged a revolver

‘wice, one ball passing throuch his hand, and another entering his head. It

a
ag
Or pn

tiie

dna

culling of John Clark.—This homicide occurred in Capelle Valley, about
twelve miles east of Napa City, October 23, 1865. The particulars of it are
as follows: Oscar and John Clark, two brothers, owned a place in Capelle
Valley, and had rented it to Fred. Coombs. On the day of the killing the
two Clarks went to the premises occupied by Coombs, when an altercation
occurred, culminating in the killing of John Olark by Coombs. The latter
care to Napa City and gave himself up, and a Coroner’s inquest was held
the next day. At that Mrs. Coombs testified that her husband was sitting
in the house occupied by them on a chair, when the Clark brothers came in
and attacked him, asserting that they would dispossess him of the property
by foreible ejectment, and that her husband fired the shots in self-defense.
Osear Clark was thereupon arrested, and, waiving examination, was held in
the sum of $2000. No further action was taken in the matter.

iilling of Patrick Goodwin—Goodwin had some harness in the
American livery stable in N apa City, of which C. H. H. Manuel was the
roprietor. On the 7th of September, 1866, Goodwin went to the stable to
see about it, when an altercation arose between the men. Finally Manuel
rasped a shovel and struck. Goodwin over the head with it, inflicting an
ijury, from the effects of which he died the following Monday. Manuel
was arrested and bailed for the trifling sum of $500, and of course left for
parts unknown.

Aulling of Daniel English—On the evening of March 14, 1868, a party
oi Americans, consisting of Daniel and Charles English, two brothers, Albert
Haines, J. C. Jones, R. Coddington, B. B. Durbin and W. D. Treanor, went
to the house of Dolores Coronado, in Spanishtown, (East Napa,) where
a dance was in progress. In a short time some difficulty sprang up between

the Americans and Spaniards, and Coronado attacked Dan Enelish with a


flomicides of Napa County. 147
six years old, and came to his death by a gunshot wound; and that said
Eilling was the act of J. Gilbert Jenkins,”

February 6, 1864, Jenkins was arraigned for the commission of the
deed. The following named gentlemen composed the jury: Wells Kilburn,
AL N. Haile, P. Hunt, H. T. Barker, B. F. E. Kellogg, Wm. Edgington, Kd-
ward Kvey, E. A. Mount, A. J. Stark, F. Westorn, B. H. Gordon and J; D.
White. When the maiter was submitted to them they retired, and in just
fifteen minutes brought in a verdict of murder in the first degree. The
Judge passed sentence upon him, setting March 18th following as the day
of execution. The prisoner took the matter very coolly indeed, proving
how hardened a wretch he was by saying, “I. wish it was to-morrow; I
don’t want to wait so d——d long.” The day of execution came, and found
him cool and collected; and he ascended the gallows with a firm tread,
meeting his fate with a nonchalance that any Indian might well envy. At
seven minutes past three o’clock P. M. the trap was sprung, and his soul,
which, aceording to his own confession, was steeped in the blood of eight
victims, was launched into the presence of the Great Judge of the Uni-
verse. “And he went to his own place.” His confession states that, beside
imbruing his hands in the blood of eight men, he had committed innumer-
able robberies in almost half of the States of the Union. He was a native
of North Carolina, and was only twenty-nine years of age at the time of |
bis execution.

Killing of Turner G. Letton—This occurred in-Napa City, Monday
evening, January 23, 1865, at the American House, under the following cir-
cumstances, as brought out in the testimony: Letton had, until within a
few weeks previous to the homicide, been in the employ of T. Frank Raney
as barkeeper, but Raney had discharged him. He afterwards heard that
Raney had stated that the ground for his discharge was dishonesty. On
this day he became intoxicated, and was going about town using threaten-
ing language against Raney, and went to the American House twice during
the day, becoming very much excited, and using violent language to
Raney on both occasions. The latter sueceeded in pacifying him. without
serious trouble both times, and he went away. In the evening he came
into the bar-room of the hotel again, accompanied by three other men:
Robert Boley, Elias Hamlin and A. A. Edgar. Boley was also a discharged

_barkeeper, and the man who had told Letton that Raney charged him with
dishonesty, The other men were only casual acquaintances. Both Letton
and Boley were intoxicated. They first called for something to drink, but
did not take jt. They then began to talk to Raney, and to walk violently
up and down the room, becoming more and more excited. At last Boley
took off his coat and threw it down, and Letton advanced to the passage


150 History of Napa and Lake Counties— Navas.

revolver. His brother Charles came to bis reseue with a pistoi in his band,
when a Spaniard by the name of Anastacia grabbed it from him and began
firing at him. Both of the English boys were severely wounded, and Dan
died soon after, but Charley recovered. T The following is the verdict of the
Coroner’s jury: “We, the Coroner’s jury, convened to examine into the case,
on Seeaee: do find that the name of the deceased was Daniel Huglish, a
native of the United States, and resident of Solano County, California, aged
thirty-four years, and that he came to his death by a pistol-shot, which
pistol was in the hands of Dolores Coronado, and was fir - - the evening
of the 14th of March, in the county of Napa, State of ornia, at the
house of Dolores Coronado.” This made the fifth a eee who had died a
violent death. It does not seem that the Spaniard was held, ¢ 7 in a few
days afterwards he came to a hotel in Merced County, kept by Dr. Griifiths,
with whom he quarreled, and who shot and killed him.

Killing g of Katie Ennis (Indian)—Alonzo Davis, a boy only about
thirteen years of age, shot and killed an Indian girl by the name of Katie
Ennis, at the house of M. D. Mark kley, In Patek, Cafion, Augusi 20, 1871,
under the following ‘circumstances, as br ought out in the testimony: The
Indian girl was living at Markley’s as his housekeeper. Markley was away
from hows a great ed: of the time during the day, and was often away for.
days ata time. It would seezn that the girl got the idea ints her head that
the boy wished to destroy Markley’s property during his absence, and she
threatened to shoot him should he pass by the premises again. . There were
two roads leading by the place; one just in front of the door, and one up
the hill a short distance. One day he passed along the — road in com-
pany with another boy, and he states, being corroborated by hi his companion,
that she fred at them with a rifle, after t they had got past the diaas: some
distance. The next day he got a small pistol, and having an errand that
way, took occasion to go along the lower road, as usual. When the «1
him she said: “I will shoot you, you s— of ab !” and started
house. Just as she crossed the threshold, the boy fired, and the bullet en-
tered the girl’s brain. The body was found some time afterwards in a
mutilated condition: rats and coons doing the work. The boy was arrested,
and Justice R. C. Cillaspie of Yount Township, committed him to jail to
await the action of the Grand Jury, on the 26th of August. That body
found a true bill against him, September 6th, and he was pied October Sth.
The jury in the case comprised the following named gentlemen: David
Edwards, James Dunhig, 8. Winters, Asa Chapman, David Yount, W. H.
Beagles, W. A. Haskins, s: G. Francis, B. K. Wood, Wm. Loeker, J. B. Chiles
and T. G. Rodgers. Their verdict was: “We, the jury, find the defendant
not guilty.”


po aH

148 History of Napa and Lake Counties—Napa.

leading out from behind the bar, thus hemming Raney up in the space
tween the counter and the shelving of the bar. Raney then drew a re-
volver, and ordered Letton three several times to leave the house, and unon
his failure to obey him Raney fired, or attempted to. The cap exploded,

*

but the revolver did not shoot. Letton then seized a tumbler from the

counter and threw it violently at Raney, but missed him. Raney then fired

three shots at Letion, and finally struck him over the head with the
weapon. The first ball entered Letion’s breast, the second struck him in
the jaw, while the third passed through his cheek into his mouth, knocking
out a tooth. Letton did not speak after the first shot, bub in a iew
secouds fell dead behind the bar. It appeared in evidenee that
deceased when sober was a peaceable man, but when under the infiuence of
liquor inclined to be violent. He came to California from Lexington,
Missouri, in 1860, and was about twenty-six years of age. Raney was
arrested and examined before Justice Hunnewell, J. E. Pond and WW. W
Pendegast appearing for the People, and Henry Edgington f for the d
March 9, 1865, a bill was found against Raney for manslaughter b+
Grand Jury. In June of that year he was iried, and the jury found for the

defendant.

Killing of a Chinaman.—May 13, 1865, James Keeley killed a China-
man, name unknown, under the following circumstances: He owel the
Chinaman a wash-bill, which he had failed to liquidate. The Chinzman
became enraged finally, and, in company with some of his countrymen,
undertook to collect the bill by foree, or, at least, to frighten Keeley i into
the payment of the amount due. Keeley grasped an axe handle, and, using
it for a bludgeon, struck and killed the first one that came within reaen of
him. He was arrested and discharged.

The Jonathan Davis Murder and Suicide—On Saturday eve
August 5, 1865, a most tragic affair oceurred near the. western linits
Napa County, and almost due west from Napa City. A man by the nai
of Jonathan Davis lived with his wife on a farm in this locality. Both of
them were addicted to the vice of drunkenness, and when under the intu-
ence of liquor they were very quarrelsome. On the night in question Davis
returned home from Napa City at a.very late hour, and began ai once to
quarrel with his wife, who, it is stated, had also been drinking. The xoise
awakened a servant girl and two men who were sieeping in the house, but
nothing was thought to occur of a serious nature, as it seemed to be the old
story over again of a rabid war of words. The noise increased, however,
and it became evident that a struggle between them was in progress. At
length the woman screamed tor help, which so frightened the servant girl


Pio. fons a
Flomucides of Napa. County.

Lhe Fred. Coombs Murder and Suieide-—One of the most appalling
atiairs that ever happened in Napa County, occurred in Napa City, Feb-
Tuary 20, 1871, under the following circumstances: During the previous
terin of the District Court, proceedings in divorce had been begun between
Fred. Coombs and his wife, who had been living previously on Howell
Mountain. The matter was referred to the Court Commissioner, Mr. F. E.
Johnson, who had been taking testimony on the day of the fatal affair, in
the office of Messrs. Pendegast & Stoney. Between five and six o'clock in
the afternoon, he adjourned the session, and all parties were preparing to
leave the room. Coombs asked his wife to accompany him. She replied that
the time for a reconciliation was past. Coombs thereupon drew a revolver
and fired twice at her, the first ball passing through her arm, while the
other penetrated the center of the breast-bone. He then turned his pistol
on himself and fired, the ball taking effect in the right temple and lodging
under the scalp, killing him instantly. Mrs. Coombs was taken to the office
of Dr. M. B. Pond, but she was beyond the reach of medical aid, and died
within twenty minutes. Coombs left a letter stating what disposition to
make of their children and property. It was thought that he was laboring
uncer a fit of temporary insanity.

Milling of Peter Guadalupe (Indian )—He was shot and killed by
Jesse Walters in Pope Valley, May 21, 1871. Walters was arrested and
brought before Justice L. N. Duvall for preliminary examination, when the
following testimony was adduced :—James Ingels, sworn: “ Have heard
threats; the Indian told me about three or four months ago that Jesse
Walters had to leave the country or he would kill him; also told me about
four weeks ago that he intended to kill him, and showed me the pistol that
he was going to do it with; Pete, the Indian, said that he would kill him on
sight.” William Clark Ralston, sworn: “I was present and saw a part of
the shooting; there were three shots fired; at the time the first shot was
fired the Indian was running from Jesse; at the second he was still run-
ning; at the third the Indian was on his knees, when he fell and shortly
after expired; * * * about two weeks ago the same Indian eame down
to the store and wanted to fight Jesse, who did not want to have anything
to do with him; the Indian was then armed with two pistols and Jesse had
none.” A true bill was found against Walters by the Grand Jury, June 21,
i871, and the case came up for trial October 4th of that year. The follow-
ing named gentlemen were on the trial jury: J. A. Johnson, D. O. Hunt,
Wm. Owsley, N. E. Stewart, A. Stafford, D. C. Squibb, E. True, J. N.
Bennett, S. W. Jacks, Alex. Korns, S. Winter and J. McCoombs. They
returned a verdict of not guilty.


152 ffistory of Napa and Lake Counties—Napa.

Killing of John B. See—On Wednesday, May 1, 1872, at 4 P.M, ai
Monticello, Berryessa Valley, John B. See was killed under |
circumstances: The See brothers, three in number, were sta nding in the

street at Monticello, when Le Grande Thompson passed 7 Some hard
> ws

words passed between them, erowing out of an old feud, when they agreed.

to fight it out there and then. Thompson and John B. See dincteg, and
after scuffing for awhile Thompson drew a dirk knife and eut See twice
with it. Just then Granville Thompson, a brother of the one in the aight,
rushed up and drew a pistol and shot; the ball taking effect in See’s breast.
See only lived a short time.

Killing of John Thomas—He was killed by Edward Day, at the
Meyers Hotel in Napa City, November 15, 1873, under the following cir-
cumstances: The two men were engaged in a game of cards in the bar-
room of the hotel, when Day took seven cards when he dealt, instead of six.
Thomas accused him of cheating and they began to wrangle over it and
Day called Thomas some very hard names, They finally beled down and
went and drank together. Day then went across the sireet to Clifford’s
livery stable and began afresh to abuse Thomas and to use vile epithets.
Thomas then went across the street and asked him to desist, when Day
attacked him with a knife. Thomas retreated, but when about midway
across the street Day overtook him and eut him across the abdomen, from
the effects of which Thomas soon after died. The Grand Jury found a true
bill against Day December 1, 1873. The trial was deferred until June,
1875, when the jury brought in a verdict of murder in the first degree, and
he was sentenced to the State Prison for life.

Killing of Major Harry Larkyns—This oceurred at the Yellow Jacket
Mine, about seven miles from Calistoga, October 18,1874. Neither party
was a resident of Napa County, but as the shooting occurred within its
limits the matter came up for trial in its Courts. Muybridge was an artisé
or photographer in San Francisco; Larkyns was an adventurer, of English
birth and Australian education. He came to San Francisco and there 1 met
with the usual ups and downs of men of his ilk, but in some unlucky hour
formed the acquaintance of Mrs. Muybridge. He was dashing, suave and
captivating, and formed quite a contrast with her steady going, industrious,
business-lixe husband, and she soon became infatuated with the gallant
Major. As a result of this Muybridge sent his wife to Portland, Oregon, to
her mother, thinking that thus he could break the speil of the charmer.
In this he was mistakelg, for she soon began to write to an intimate friend
in the city inclosing letters to Larkyns. These were shown to Muybridge
by the lady. Larkyns had conceived the idea, or was perhaps ernployed to

154 Flistory of Napa and Lake Coztsties— Napa.
found him guilty of murder in the second degree, and he was senteneeil to
the State ee for a term of cee years.

Killing of Edward Paul Carr ron} his homicide oceurred November
24, 1876, at a store in Pope Valley, under the following circumstances :
Three men, E. P. Carron, Warren Adams and Charles H. Fitch, were sitting
in the store talking on religious subjects, the two former being the principal
talkers. Carron claimed to be a Catholic, while Adams said he-was a Free-
thinker. The discussion was being conducted in a friendly manner, when

suddenly, and without any provocation, Adams jumped up and used a very *

offensive epithet, at the same time producing a large size Smith & Wesson
revolver, and fired at Carron. The ball entered his body about three inches
below the left nipple and came out just above the hip-bone on the opposite
side. Carron lived four hours, when he expired. The Coroner’s jury charged
Adams with the murder and he was arrested. The Grand Jury found «
true bill against him December 4, 1876, and his case came on for trial Feb-
_Tuary 26, 1877, with the following jury in the box: W. D. Owsley, R. S.
Thompson, A. Van Aucken, Ira Kilborn, J. P. Lewis, T. C. Peterson, Josiah
Sellers, J. Henning, J. Harneti, Wm. Edgington, J. H. Ray and H. OC. Sim-
mons. The trial began on Wednesday and the ease was given to the jury
on the following Saturday at 5 p.m. They remained out. till 2 Pp. mM. the
following Monday, when they returned a verdict of guilty, but insane.

Murder of William Perkins and Guadalupe (Indian).—The murdered
man Perkins, better known as “ Dutch Bill,” lived about four miles west of
St. Helena, with a half-breed woman. The man Guadalupe was an old
Indian who lived with Perkins. On the evening of July 11, 1877, two
Indians, Andreas Mateo and José Maria Benigo, came to Perkins’ place and
desired to remain all night, which privilege was granted them.. During the
night they got to drinking and quarreling, and in the morning Perkins
joined in the fray. He was jealous of the Indians on aecount of his half-
breed woman, hence the part he took in the matter. At last Benigo starte

away, while Mateo remained and continued to quarrel with Pericins
Finally, Perkins caught up a spade and started after Mateo with it, The
latter ran some distance, when he came upon a stiek, which he picked up and
struck Perkins with it, knocking him down. He then took the spade and
battered Perkins’ brains out, crushing his skull like an egesheill, He then
took the spade and started back in quest of his hat, which he had lost in .
his retreat, and coming upon Guadalupe he proceeded to serve him as he
had done Perkins. He then went on and overtook his companion, Benigo,
and related what he had done. They went to St. Helena and told what had

occurred, and were there arrested and brought to jail. They were tried


rk AveIeY
Vie ER ES

- Homicides of Napa: County. 153

make a map of the Calistoga Mining District, and was engaged upon this
work at this time. When Muybridge saw the letter from his wife to
2 maa he became very much enraged ; and, after brooding over the matter
a ey of weeks, another letter sorived from her through the same.
This was too much for him. He took the train for Calistoga and
ere gob team and was driven out to the Yellow Jacket Mine, arriving
after dark, He proceeded to the hotel and called for Larkyns, remaining
ent outside the door. Larkyns came into the hallway and wieanand
owards the front door, and when within a few feet of it Muybridge stepped
into the ee light and said, “I have brought a message from my wife, take
it,’ 2nd at the same time fired. The wounds proved fatal almost ens
Miuybridge was arrested and lodged in jail, and December 8, 1874, the
Grand Jury found a true bill against him. His case came up for heariig
february 5, 1875, and the jury, after being out thirteen hours, returned a
verdict of not guilty.

Ailing of Alexander iMcDonald.—Silverado, the scene of this homi-
cide, was the name of the silver mine on St. Helena Mountain. Franklin
Headley, of that place, missed a bottle of whiskey, and suspected that
McDonald, commonly rch as “ Scotty,” had stolen it. On the morning
of November 11, 1874, quite early, he went to the house where “ Scotty”
lived and ealled him out to shake hands with him. As they clasped hands
Headley dealt him a furious blow on the head with a heavy instrument
which he held concealed in his left hand, from the effects of which the man

n expired. Headley was arrested s car wien! at the Mountain Mill

-

Mfurder of Motive Wiliams, alias Swartz—This murder took place in
Spanishtown, Napa City, May 9, 1875.. The woman had been in a house
of prostitution, but had become enamoured with a man named Henry
Pearce, and had become engaged to be married to him. She thereupon went
to ive with his sister. On the day of the murder Pearce got drunk and
was going along the street in Spanishtown when the woman came to him
and iried to induce him to go jedi: This he promised to do, but made
some excuse for going further up the street, and they separated. She turned
aiter proceeding a short distance and came up with him again, and began
her importunings, going so far as to put her arms around his neck, thus to
persuade him to accompany her home. At this he out with a knife and
stabbed her two or three times. She did not scream, but sprang Over a
fence and started across:a lot, but fell in the middle of it. Parties who saw
her went to her, but found that she was dead. The Coroner’s jury charged
Pearce with her murder, and his trial came up October 9, 1875. The jury


fiomicides of Napa County. 155

October 2, 1877, and Mateo was found guilty of murder in the second
decree for the killing of Perkins, with a sentence of twenty years to the
State Prison. Benigo was discharged, as there was nothing to show that
¢ was at all implicated in the matter. Mateo was then tried for the
souruer of Guadalupe, and the jury, after being out three hours, brought
in a verdict of murder in the first degree, and affixed the death penalty.
October 8th he was sentenced by Judge William C. Wallace to be hanged
November 80, 1877. At three minutes before 1 o'clock Pp. uM. of that
day the drop was sprung, and the prisoner fell about four feet, and in
twenty minutes he was dead. His neck was not broken, and death
esulied froin strangulation. He was executed on the same gallows that
been used in hanging Charles Brittian in 1863, and James Gilbert
Jenkins in 1864, making the third and last man ever hanged in Napa
nty by a legal process. Mateo’s parents were members of the Yount

ot Indians.

rey
ig af

<illing of Thodore Schurs.—Thomas Workover lived in a lonely and
eclided spot on the Pope Valley side of Howell Mountain, and was engaged
; J , a

.
sos

raising stock. Schurs was a laboring man, and had been employed by

Workover, but was discharged some six months before the homicide. Near

tall on the day previous to the shooting, Schurs came to the house and

oh

a3

ac got two of his hired

men to come and sleep in the house with him. N othing of importance hap-
pened, however, that nicht. The next morning Schurs was told to leave the
place and never return. He went to a wine cellar and drank very freely
that day. About midnight of October 9, 1877, Workover was aroused
from sleep by some one trying fo force an entrance through the doors and
windows. He looked out and saw that it was Schurs, and taking his shot-
gun fired through a window at him, the charge taking effect in Schurs’
breast. He lived about an hour and a half. Workover gave himself up
and was taken to St. Helena. The Coroner’s inquest developed: the above
facts. He had his preliminary trial before Justice Haskins, where it was
brought out in evidence that Schurs was 2 dissolute man. He had resided
around Pope Valley for some time. Workover was acquitted by Justice
Haskins on the ground of justifiable homicide.

Killing of Jesse Hawikins—William P. Carter resided in Pope Valley,
and had a daughter, between whom and Hawkins amutual attachment
sprang up. Carter was in Oregon at the time, and they proceeded with the
marriage without the father's knowledge or consent. When he heard of it
he was very wroth, and shortly afterwards returned home and set about


| Homicides of Napa County. Ad7T

S. A. Garnett, C. Cutler, J. F orrester, W. J. Baker, Asa Spear, S. N ewcomer,
and G. W. Haynes. Their verdict was returned May 14, and was as follows :
“We, the jury, find the defendant guilty of murder in the second degree,.
and recommend him to the mercy of the Court,” :

His attorneys moved for a new trial on the following grounds: First,
the Court erred in refusing to grant the defendant's challenge to the panel.
Second, the Court misdirected the jury in maiters of law. Third, the Court
erred in the decisions of questions of law arising during the course of the
tria].. Fourth, the verdict is contrary to law, and also to the evidence... The
Judge passed sentence on him June 1, 1880, which was confinement in the
State Prison for ten years, and on appeal it was taken to the Supreme
Court, and the remitiitur was issued September 28, 1880, for a new trial in
the lower Court. The new trial came on October 19, 1880, with the follow-
ing jury in the box: G. Hulse, G P. Smith, H. Flynn, H. C. Neil, ©.
Walsh, A. H. Marsh, L. W. Speilman, J. Patterson, J. Hale, J. B. Bloss, T.
®. Curtis and H. Roland. This jury disagreed, standing nine for conviction
and three for acquittal. The case is stil] pending in the Courts.

Kuling of Isaac Wilson.—Quite late in the evening of September 19,
1880, three men, J. Hartshorn, and John and. Ward Adams came to the
house of deceased, at the northern end ‘of Berryessa Valley. Hartshorn
rode up to the house and engaged in conversation with Wilson and his
family. Shortly afterwards, a noise was heard in the brush, and it was
evident that some one was coming on horseback. Wilson took a gun and
advanced to meet the horsemen, who proved to be thé Adams's, and called to
them: “Stop! go back! who are you? go back, or I will drop that horse
from under you!” At this, one of the horsemen fired the charge taking
efiect in Wilson’s leg. A rifle was then discharged by the other horseman
which did not take effect. Then a second charge of buckshot was sent
crashing through Wilson’s abdomen by the first horseman. They then rode
otf and Wilson fired twice after them with a revolver. He died in a little
over an hour. The Adams’s were tried in N apa in February, 1881, and
acquitted.


£
“

fiistory of Napa and Lake Counties—Napa.
undoing what had been done. At the end of three months he
upon the girl to return home and leave her husband. Hawkins beeara
raged at this and threatened to take the lives of both if she did not reti
to him, going so far as to tell one man that Carter had just twa more Jays
to live. On the day before the homicide Hawkins left a note at Carter's
gate addressed to his wife, asking her to meet him at the gate the next
morning. On the morning of May 7, 1878, (the one designated in his note)
he rode up to the gate. Carter was secreted behind a bush, and as Haw-
kins stopped he rose, and drawing a bead upon him said, “ defend yourself,”
and at the same time fired at him, the charge taking effect in Hawkin’s head
and side. He fell from his horse with the exclamation, “Oh!” breakine his

to Napa. His case came up again for preliminary hearing before Justice
Henning, by whom he was a second time acquitted. It was stated by Car-
ter on this trial that Hawkins had tried to kill him once with a revolver,

It was evidently a case of war to the knife, and he who drew firsé blood was
the victor. . fe

°

Killing of Charles RB. Rice.—Rice was a dlacksmith at the Redington
Quicksilver Mine, and worked in a shop ai Knoxville: On the day of. the
shooting, June 3, 1879, Jacob Fuquar came into the shop with a mule which
he desired shod. After the work was done he r

refused to pay for it, where-
upon Rice said that the mule should not leave the shop until the work was

paid for. Fuquar then became abusive, and Rice drove him from the sh

— SOOp.
He went to a house near b and procured a revolver, and coine back to the
: s ? dS o> y

shop, shot Rice through the heart,

Killing of August Ruesch.—This occurred in the “ William Tell” hotel,
in Napa City, October 25,1879. It appeared irom the testimony adduced,
that G. W. Crowey, and his sons John and W illtam, were in the hotel on
the night of the homicide, and got into an al ? I

tereation with Ruesch, and
finaily a general melee ensued, in which the latter got pretty bad!

ished. He then went out into the yard, and was followed by John C
who had a billiard cue in his h

Crowey struck him over the hear

died. All three of the Croweys were arrester

el, but the father and William
were subsequently acquitted. The Grand Jury found a true biil against

John at its session of December 4, 1879, and his case came up for trial May
3, 1880. The jury comprised the following named gentlemen: H. J.

Lewelling, J.T. Cooper, S. R, Dickey, D. F. Whitlatch, R. F. Montgomery,

mIny-
taal

YP

owey,


Kees pots Leer, . PLACER COUNTY, CALIFORNIA

y

2 . F
é

Aheclpref ff 72E20t1 Cotenty » Cet-brge
ay SO Fa
AL FIIL fer ere ceity ot .
324 HISTORY OF PLACER COUNTY, CALIFORNTA.

shield tho criminal. Even suspicion sometimes
brought punishment, tho suspected being required to
prove their innocence or suffer, and therefore
where otherwise crime would probably have been
committed, those who might have been inclined to
trespass upon the rights of others were deterred
from so doing.

Horso-stealing was more common, as the ‘stolen |
property so materially aided the thief to escape.
This class of crime was one of the most heinous
of offenses, and was usually summarily punished.
Idle men were regarded with distrust. Of these

there were two groups—the gamblers and the
thieves—the first giving their occupation as that
of miner, and the other as rancher, until it was
jocularly said that the term miner was synonymous
with gambler, and that of rancher with hogse-thief.

THE FIRST HIGHWAY ROBBERY.

Probably the first large robbery within the
region of the gold mines occurred on the plains
between the Auburn Ravine and the crossing of
the American River, and was in the fall of 1848.
An English gentleman traveler, whose name is for-
gotten, related, many years ago, the following inci-
dent: He, happening to be in Sin Francisco when
the first excitement of the gold discovery was car-
rying off the people, joined a party for the mines.
They, with the crowd, went first to Sutter's Fort, +
and then to Sutter's Mill, at Coloma. After min- |
ing with moderate success in the vicinity sufficiently
to learn the methods in operation, they traveled
north to some unnamed ravine north of the North
Fork, and there worked with good success for sev-
eral months. In October they made preparations to
return to San Francisco. Purchising some riding- ,
animals from some Mexicans, and a pack-mule to |
earry their blankets and gold-dust, they started on
their journey. The pack mule was quite heavily
laden with the precious cargo, and was taken in |
charge by one and then another of the party, who
would lead it in advance of the others. The diy |
was exceedingly pleasant as the little cavalcade |
marched out of the foot-hills, following the single
trail, or bridle path, that led towards Sutter's Fort.
An unpeopled wilderness extended on all sides. No
person was met or sven, and as the day wore on, the
party became careless and tired, and were considera-
bly separated from each other on the trail. While
thus riding and approaching a grove of trees where
they thought of camping for the night, the mule and
treasure considerably in advance, there rang from
the grove a shot and the leader of the mule fell from
the saddle. A quick charge, the twirling of a couple
of lassoes, and the riderless horse and gold-laden
mule were in the possession of a party of four or
five Mexieins, and ander whip and spur were flying
toward the Rio de los Americanos. ‘The — first
thousht of the party of miners was to attend to
their wounded companion, but soon they appreciated

the loss of their treasure, and some started in pur.
suit. The animals they were riding were of little
value, and the pursuit was fruitless.

The next day Sutter's Fort was reached, the mur.
dered friend was buried, and a party was organized
to pursue the robbers. Some delay attended these
preparations, and several days passed before tho pur-
suers could proceed. In the meantime it was learned
that the robbers were headed by José Armijo, a son,
or nephew, of the former Governor Armijo of New
Mexico, who is so graphically described by Kendall
in his account of the Texan expedition to New
Mexico.

The bandits had fled up the San Joaquin Valley,
and the pursuing party followed. The chase was a
long one, and the trail plain, as the Mexicans had
gathered quite a large caballada before leaving the
occupied region. The pursuers followed through the
whole length of the great valley, through the south-
ern passes of the Sierra Nevada, out upon the desert
of the Mohave, and into the old “Spanish Trail ”
that for many years had been the route of inter-
communication between California and New Mexico.
Here, with animals jaded, supplies exhausted, the
season late, the robbers with their booty far in
advance, further pursuit was hopeless and the
despoiled miners returned.

EXECUTION OF ROBERT SCOTT.

October 20, 1853, an atrocious murder was com-
mitted near a house called “ Traveler’s Rest,” in
Auburn. Andrew King,a quiet and peaceable young
man, bad refused to lend three dollars to Robert
Scott at a gaming-table on the evening of the 19th.
The next day Scott called King out of his house
and, presenting two loaded revolvers, told King to
take one and defend himself. This the latter refused
and turned to go into the house, when Scott fired
and instantly killed his victim.

The murderer fled, but was pursued by many who
turned out in the search, and on the 24th following
was arrested by Constable M. P. H. Love and Dep-
uty Sheriff E.B Boust, who bad traced the fugitive to
the Cosumnes River. In due time Scott was brought
to trial, and on the 13th of February, 1854, was con-
victed and sentenced by Judge Howell to be hanged
on the 31st of March, 1854.

On the day of the execution, a large number of
people assembled at Auburn from all parts of the
county to witness the appalling sight of launching a
fellow-being into eternity through the dread process
of the law. Two thousand people had assembled,
but the utmost order prevailed. The Sheriff
detailed the members of the Hook and Ladder Com-
pany asa guard, and these accompanied the pris-
oner from the jail to the gallows, and there formed
a line between the spectators and the culprit. The
execution is reported in the Herald of that date as
follows:—

“At the hour of balf-past eleven a. M., he was


z
- ial

af,

oa rt IE Fe MIB, 2B: > YE aE LAY PW tel ir,

328 IWSTORY OF PLACER COUNTY, CALIFORNIA.

were attacking him when he fired the fatal shot.
At his execution he maintained a firm and collected
manner without asign of bravado or brageadocio,
which elicited the sympathy of the public.

EXECUTION OF JOSEPIL BRADLEY.

In 1856, Joseph Bradley killed Jacob Bateman at
the latter’s cabin near Auburn. Both the parties were
negroes. Bradley was arrested, and in July, 1857,was
found guilty and sentenced to be hanged on the 18th
of September following. Upon the day appointed,
the execution took place. The gallows was crected
about a mile and a quarter above town, near
the junction of the Nevada, Lllinoistown, and Yankee
Jim's road. A procession was formed at the jail,
the escort being the Placer Rifles Military Company,
under command of Capt. James Anderson. A coffin
was placed in alight wagon and Sheriff King, Under
Sheriff Bullock, and Deputy Sheriff Sherman, having
Bradley in charge, scated themselves upon it. Mr.
Zentmyer, the driver, and a gentleman who conducted
the religious ceremonies, occupied the front seat. A
body of horsemen and inany citizens brought up the
rear of the procession. Upon arriving at the place
of execution at half-past two o'clock. Captain Ander-
son formed his men in a square around the gallows.
Sheriff King assisted Bradley from the wagon and
walked with him upon the scaffold, followed by his
assistant officers. The coffin was placed upon the
platform and Bradley, seating himself upon it,
listened with composure to the reading of the death
warrant by Mr. Bullock. This over, at request, he
rose, took off his hat and neck-handkerchief. On
being asked if he desired to say anything, he made
some remarks; he thanked the officers for their
kindness to him while in prison. Having finished
speaking, he was placed upon the trap, his hands
and feet were tied, a black robe put over his person,
the noose adjusted around his neck, and a black eap
drawn over his head by the Sheriff. This done, a
prayer was offered by the gentleman officiating, and
as the solemn Amen announced its conclusion, the
Sheriff drew the lever, the trap fell, and the spirit

of Joseph Bradley winged its way to the realms of

eternity. After remaining until life was extinct,
the body was taken down and buried near the foot
of the gallows. Bradley conducted himself with
firmness throughout the whole scene, About 500
persons witnessed the execution.

Bradley was born in Maryland, near the District
of Columbia; was thirty-nine years of age, and had
a wife and three children livingin Washington City,
He made a short confession in which he acknowl-
ed zed killing Bateman, but that the killing was not
premeditated.

MURDER AND LYNCHING IN AUBURN FEBRUARY 18, 1858.

The town of Auburn, says the //erald of February
18, 1858, was thrown into a state of excitement by
the report that one of its oldest citizens had been

SAS RVR AOA ITROEERS AS HELE ANNE ELIOT ROL LR ANE DOTNET oT PONG SG

killed. Investigation proved that Mr. James Mur-
phy had been killed by a negro, named Aaron
Bracey. ‘The mon owned adjoining lands, and Mur-
phy had recontly purchased some of the negro’s
land. They met near their boundary line, and
Bracey struck his victim with a pick-axe, driving
the steel into his brain. Ifo (the negro) then came
to Auburn and gave himsclf up, telling the officers
that he had accidentally struck Murphy, and feared
he had hurt him bad. The negro was placed in jail
and a posse of citizens went to attend to Mur-
phy. He was found with a fearful hole in the back
of his head, from which the blood and brains were
oozing. He lived quite a while, and told the circum-
stances of his murder, In the early part of the
evening following the deed, a rumor was current
on the streets that an attempt would be made to
lynch the murderer. Everything was quiet, how-
ever, until, about half past two o’clock the next
morning, Constable Boggs informed tke Sheriff that
a body of men were approaching the jail. As
the Sheriff and deputies came out they were
seized and held, and the keys demanded; while
this was going on a posse bursted the doors in with
asledge hammer, and taking the murderer to the
outskirts of the town proceeded tohang him. After
Bracey had been taken from the jail, Father Quin,
who had come up from Sacramento to see “Mr. Mur-
phy, interceded for the prisoner, and tried to quell
the citizens. There were about sixty-five or seventy
concerned in the lynching, though probably fully
one hundred witnessed the hanging. Thenegro was
the same one that killed a Chinaman in Auburn, in
the spring of 1856, for which crime he was acquit-
ted. Murphy died on the 25th, leaving a wife and
two children.

Bracey had a wife and family in Camden, New
Jersey. He had been in California several years.

ROBBERY AND BATTLE.

The store of Otto Thiele & Co, of Danevillo, was
entered by robbers, five in number. at alate hour in
the night, of March 19, 1859, after the proprietors
had retired. They secured the key of the safe, but
not being able to open it, they awakened the men,
and with threats of death if resistance was offered
compelled one of them to open the safe. The rob-
bers then obtained about $1,350 in gold dust and
amalgam, and 3350 in coin; they then proceeded to
feast themselves on whatever the store offered for a
good lunch, and each one of the party provided him-
self with a new suit of clothes, leaving tho old ones
in their stead.

The alarm was given next morning, and Sheriff
King and Constable Boggs repaired to Daneville,
where they discovered the trail of the robbers, which
led to a point on Bear River; swimming the river
they made their way to the Nevada road beyond
Bear River, and took the stage running through
Auburn to Nevada, and went as far as Grass Valley.

ag ar Jt

THE CRIMINAL RECORD. 395

released from his irons, and dressed in a becoming
manner. With his hands tied behind him, he was
taken in a wagon from the jail to the place of execu-
tion, followed by a large crowd of people. During
his course to the gallows, Scott appeared perfectly
cool and unmoved. Nota change was perceptible
on his countenance. He sat on the front seat of
the wagon, smoking a cigar, apparently an indiffer-
ent looker-on at a dreadful scene about to be trans-
acted. Immediately behind him sat the Sheriff and
his deputies.

“Upon arriving at the gallows, the prisoner
mounted the stairs with a quick and firm step,
accompanied by the Sheriff, Mr. Astin, and his depu-
ties, and Sheriff Buell of El Dorado County and his
deputies, Young, Welton, and Orr, and Constables
McKinney and Robinson. Dr. John P. Harper was
also present as attendant physician.

“The crowd around the gallows was now very
dense, and crowds were coming all the time from
town to swell the numbers, but were kept in order
by the guard who accompanied the prisoner.

“ The Sheriff read the order of the Court.

“ After the order was read the Sheriff asked Scott
if he had anything tosay. When he stepped for-
ward und addressed the multitude as fullows:’—

“ gcOTT’S LAST WORDS.

“«T have but a few words to say. I have hada
fair and impartial trial, and I am willing to abide by
the law. I have done no more than I would do
again to any man who would not give me satisfaction
for what he had said. I return my thanks to John
Spell, the Juilor, and Sam Astin, the Sheriff, and
other friends, who have been kind to me. As for
the paltry mob, who have urged on my trial before
1 was ready, they are tuo mean for my curses. I have
done.’

“These words were uttered in rather alow tone of
vuice, and were hardly audible to many who were
present.

“The prisoner was then dressed in a white robe,
a black cap was drawn over his head, his feet
securely tied, and placed in his proper position upon
the trap, with the rope around his neck. The Sher-
iff now announced the hour to be 12 o'clock, when
the lever which worked the machinery wus pushed
forward, the trap fell, and Robert Scott's spirit: was
ushered into the presence of his Giod. Ho pave but
a shudder or two, and all was over. It was an
awful sight, and one which no man could look upon
without feelings of regret——but Robert Scott had
brought the penalty upon himself; he had deprived
a fellow-being of life; he has atoned for it.

“ At twenty-two minutes past 12 o'clock, Dr. Har-
per examined the culprit, and was satistied that he
was dead. The body was permitted to hang ten
minutes longer, when death was pronounced to the
Sheriff by the Doctor. Scott was cut ‘down, and
buried at the foot of the gallows. Good order pre-
vaiied throughout the entire day.”

EXECUTION OF JOHNSON AT [OWA HILL.

The execution of Wm. Johnson, at Lowa Hill, by
a lynch court, created a great sensation at the time,
and was the cause of a long continued controversy
in the courts and in the public press. Johnson had
influential relatives and partisans, as many despera-
does of that period had, and these were active in
revenging the execution, and defending his char-
acter.

The following circular was issued by the citizens
of Iowa IIill, in relation to the execution, which is
undoubtedly the true version of the tragedy :—

“To rue Citizens or PLtacer County: In conse-
quence of the false statements that have been put in
circulation by interested parties, the people of Lowa
Hill and vicinity deem it but justice to themselves
that the following statement of the facts should be
made public.

“The whole matter originated as follows: At 1
o-clock at night, in the Queen City Hotel, two per-
sons, one a friend of Johnson, and the other a
friend of Montgomery, had got into a difficulty.
The friend of Johnson seemed likely to be worsted,
and Johnson seized the arm of the other to protect
his friend. Montgomery seeing this, seized hold of
Johnson, and told him to desist, holding at the same
time a jack-knife, with a two-inch blade, in his right
hand. Johnson told him to put it (the knife) up, or
he would cut his d —d head off Montgomery
then put up bis knife. Johnson then said, “I have
a knife, too,” and drew his Bowie-knife, flourishing
itin the air. Hethen put it up. Montgomery then
reached -toward him with his right band, when
Johnson seized him by the hair of his head with his
left, struck him violently in the face with his
clenched fist three or four times, and, as he fell for-
ward, kicked him in the stomach.

_« During this time there was no resistance on the
part of Montgomery, whom the witnesses consid-
ered in a state of intoxication at the time.

«“ After ho had risen, he went to the bar, and, tak-
ing up a tumbler in each hand, cried, “ show me the
8 b that struck me,” repeating the words,
he walked ‘several times around the room, passing
near Johnson several times, but without recognizing
him. The bystanders then took the tumblers out ot
Montgomery's hands.

“ After this nothing more occurred until about
fifloon minutes past 6 o'clock in the morning, about
five hours after the above oecurrence took place.
Johnson rode up to the Queen City Hotel, on a horse
he had just hired at Cady & Co.'s stables, and, seeing
a friond, went in to drink. As he advanced to the
bar, ho saw Montgomery loaning against it, and,
going toward him, addressed the following words
to him: ‘You d-—~ s——— b —., | hear that you
said I struck you with a slung-shot.’

“Montgomery replied that he had not said so, and
asked Johnson who he was, and, raising his cap,


ss a ¥

THE CRIMINAL RECORD. 395

released from his irons, and dressed in a becoming
manner. With his hands tied behind him, he was
taken in a wagon from the jail to the place of execu-
tion, followed by a large crowd of people. During
his course to the gallows, Scott appeared perfectly
cool and unmoved. Not achange was perceptible
on his countenance. He sat on the front seat of

_the wagon, smoking a cigar, apparently an indiffer-
ent looker-on at a dreadful scene about to be trans-
acted. Immediately behind him sat the Sheriff and
his deputies,

“Upon arriving at the gallows, the prisoner
mounted the stairs with a quick and firm step,
accompanied by the Sheriff, Mr. Astin, and his depu-
ties, and Sheriff Buell of El Dorado County and his
deputies, Young, Welton, and Orr, and Constables
McKinney and Robinson. Dr. John P. Harper was
also present as attendant physician.

“The crowd around the gallows was now very
dense, and crowds were coming all the time from
town to swell the numbers, but were kept in order
by the guard who accompanied the prisoner.

“ The Sheriff read the order of the Court.

“ After the order was read the Sheriff asked Scott
if he had anything tosay. When he stepped for-
ward und addressed the multitude as fullows:”——

“ gcoTT’S LAST WORDS.

“«T have but a few words to say. I have had a
fair and impartial trial,and I am willing to abide by
the law. I have done no more than I would do
again to any man who would not give me satisfaction
for what he had said. I return my thanks to John
Spell, the Jailor, and Sam Astin, the Sheriff, and
other friends, who have been kind to me. As for
the paltry mob, who have urged on my trial before
I was ready, they arc tuo mean for my curses. I have
done.’

“These words were uttered in rather alow tone of
voice, and were hardly audible to many. who were
present.

“The prisoner was then dressed in a white robe,
a black cap was drawn over his head, his feet
securely tied, and placed in his proper position upon
the trap, with the rope around his neck. The Sher-
iff now announced the hour to be 12 0’clock, when
the lever which worked the machinery was pushed
forward, the trap fell, and Robert Scott's spirit’ was
ushered into the presence of his God. He yave but
a shudder or two, and all was over. It
awful sight, and one which no man could look upon
without feelings of regret—but Robert Scott had
brought the penalty upon himself; he had deprived
a fellow-being of life; he has atoned for it.

“ At twenty-two minutes past 12 o’clock, Dr. Har-
per examined the culprit, and was satisfied that he
was dead. The body was permitted to hang ten
minutes longer, when death was pronounced to the
Sheriff by the Doctor. Scott was cut ‘down, and
buried at the foot of the gallows. Good order pre-
vaiied throughout the entire day.”

Wits ibn

EXECUTION OF JOHNSON AT IOWA HILL.

The execution of Wm. Johnson, at Lowa Hill, by
a lynch court, created a great sensation at the time,
and was the cause of a long continued controversy
in the courts and in the public press. Johnson had
influential relatives and partisans, as many despera-
does of that period had, and these were active in
revenging the execution, and defending his char-
acter.

The following circular was issued by the citizens
of Iowa Lill, in relation to the execution, which is
undoubtedly the true version of the tragedy :—

“To THE CiTIzENs or PLacer County: In conse-
quence of the false statements that have been put in
circulation by interested parties, the people of Lowa
Hill and vicinity deem it but justice to themselves
that the following statement of the facts should be
made public.

“The whole matter originated as follows: At 1
o-clock at night, in the Queen City Hotel, two per-
sons, one a friend of Johnson, and the other a
friend of Montgomery, had got into a difficulty.
Tbe friend of Johnson seemed likely to be worsted,
and Johnson seized the arm of the other to protect
his friend. Montgomery seeing this, seized hold of
Johnson, and told him to desist, holding at the same
time a jack-knife, with a two-inch blade, in his right
hand. Johnson told him to put it (the knife) up, or
he would cut his d —d head off Montgomery
then put up bis knife. Johnson then said, “I have
a knife, too,” and drew his Bowie-knife, flourishing
itin the air. Hetben putit up. Montgomery then
reached -toward him with his right band, when
Johnson seized him by the hair of his head with his
left, struck him violently in the face with his
clenched fist three or four times, and, as he fell for-
ward, kicked him in the stomach.

“ During this time there was no resistance on the
part of Montgomery, whom the witnesses consid-
ered in a state of intoxication at the time.

“ After ho had risen, he went to the bar, and, tak-
ing up a tumbler in each hand, cried, “show me the
8 b that struck me,” repeating the words,
he walked ‘several times around the room, passing
near Johnson several times, but without recognizing
him. The bystanders then took the tumblers out ot
Montgomery's hands,

“After this nothing more occurred until about
fiftoon minutes past 6 o'clock in the morning, about
five hours after the above oecurrence took place.
Johnson rode up tothe Queen City Hotel, on a horse
he had just hired at Cady & Co.'s stables, and, seeing
As he advanced to the

a friend, went in to drink.
bar, ho saw Montyomery leaning against it, and,
going toward him, addressed the following words
to him: ‘ You d-—— s—- I hear that you
said I struck you with « sluny-shot.’

“ Montgomery replied that he had not said so, and
asked Johnson who he was, and, raising his cap,

eS ane

a #

THE CRIMINAL. RECCRD. 327

examined some sixteen witnesses, who were all duly
sworn and confronted with the prisoner, who was
allowed the utmost latitude in cross-examining them,
asking them leading questions in such a way that it
amounted to testifying himself. Every witness that
the prisoner wished was sent for, six of whom were
bis personal -friends; the others were most of them
men who were unacquainted with either party. At
two o’clock the Committee adjourned, to meet at nine
o'clock the following morning, and unanimously
agreed upon a report, of which the following is
a true copy, viz.:

“That, on the evening of the 22d of December, at
eight o'clock, a majority of the committee appointed
to investigate the matter with regard to the affray
between Wm. M. Johnson and Thomas Montgomery,
assembled in the Queen City Hotel, and immediately
proceeded to select twelve of thoir number by ballot,
as directed by the meeting, and your committce,
after the most unprejudiced and careful investiga-
tion, and after having examined all the witnesses
(who were first duly sworn), both for and against
the prisoner, to the number of sixteen, whose testi-
mony was given in the presence of the accused,
who was allowed the utmost latitude in cross-exam-
ining the same, we, the committce, have come to the
conclusion, from all the facts elicited in our exami-
nation, that the prisoner, Wm. M. Johnson, without
sufficient provocation in the first assault, and five
hours after, without any provocation at all, in the
second and third, is guilty of an assault and battery,
with intent to kill. In testimony whereof we have
hereunto affixed our names.

“John T. Hill, John M.Demiss,

James Fox, J. Ryers,
David Symmes, W. J.Armstrong,
Michael Gahan, B. D. Howes,

Michael Rogan,
Daniel Lathrop,

M. B. Tubbs,
W. R. Olden, Chairman

“Atten o’clock, on the 23d of December, the mecting
having been called to order, the above report was read
by the Chairman of the Committee, and the people were
then asked what should be done with the prisoner.
A universal cry of “hang him” burst from 1,500
throats, and one among them made a motion which
was seconded, that the people there assembled should
select a committee and a Sheriff, who would proceed
to hang him forthwith. This was passed almost
unanimously, only some twenty voting against it.
Tho committce thus selected having procured a rope,
conveyed the prisoncr to a tree at the north end of
the town, to execute the sentence of the people
Whilst under the tree, the conduct of the prisoner
was such asx mivht huve been expected, from the
reckless, desperate life he had led during the last
five years, cursing and blaspheming in a m«unner that
was calculated to excite disgust in all who heard or
saw him. At his ow. request he was allowed to
become his own exccutioner, springing from the
barrel on which he stood.

“During the whole of the proceedings, notwith-
standing the exciting nature of the business that had
called them together, during the whole of the two
days, not a single man could be seen who was in the
least excited by liquor; everything was done in tho
most deliberate manner; there was no haste, every
man seems to have made up his mind to make an
example that would prevent such crimes for thé
future.”

“Towa Hill, January 5, 1855.”

Through the exertions of a brother of the executed
man, a largo number of indictments were obtained
against citizens of Lowa Hill, and many arrests were
made. A numerous posse was summoned, making
quite an army to make the arrests, as has been
referred to in preceding pages, but the chief result
was a large addition to the debt of the county—and
no convictions.

In February, 1855, Mr. Robert McClure, of Yankee
Jim's, went to San Francisco to meet his father on
his return from the Atlantic States, and while the
two, and a gentleman named Worden from Iowa
Hill, were stopping a4 Wilson's Exchange, then the
leading hotel of that city, they were attacked by a
large gang of roughs beaded by Johnson, the brother
of the one executed at Iowa Hill the previous Decem-
ber, and were terribly beaten. The papers of San
Francisco, as well as the governmentof the city were
then controlled by the rough clement; but in the
year following, the law and order people of the
metropolis followed the example of the people of
lowa Hill and executed a number of politicians and
desperadoes, and reformed the government. This
was the Vigilance Committee of 1856.

A LAW-MAKER LAW-BREAKING.

April 8, 1856, at Sacramento, in the Orleans Hotel,
R. S. Williams, member of the Assembly from Placer
County, met Mr. Borland, member of Assembly from
El Dorado, and the two engaged in a dispute about
some legislative matter, and the dispute resulted in a
quarrel. Mr. Borland drew a pistol which Williams
caught, and the two struggled into the street, when
the pistol exploded and Mr. Borland was shot
through the breast. Williams was held in $10,000
bail bonds to await the action of the grand jury, and
by that body was discharged.

JAMES FREELAND HANGED.

October 1, 1855, James Freeland, while gambling
at Oak Flat with a man called “Greek George,”
accused the latter of cheating, and a quarrel ensued.
Durifg the melee, Freeland picked up a gun standing
in the room and killed his antagonist. For this he
was tried, condemned, appealed to the Supreme
Court Where the judgment was affirmed, and on the
6th of Junc, 1856, was hanged at Auburn. Freeland
was a young man, a native of Tennessee; had been
a soldicr in the Mexican war, and a resident of
Placer County since 1850. He claimed to have acted
in self-defense, and that the witnesses against him

SE ad cota mT

‘old tree ‘in Horsethief Canyon
. Which served asa gallows for.
soutlaws trapped by irate set.
*tlérs-in. the canyon. Horse thiev- }
very, in the years immediately.
‘before American occupation, had |
‘achieved the status of big. bus- |
“Iness with thousands of horses
‘run off through Cajon and New-.:
shall passes by organized bands:
.of Ute Indians headed by Chief:

Mar. 1B /PE2 oe

‘Walker and allied with some
American ‘mountain men’ such:

on 32 (hk oy rane as Peg Leg Smith and Bill Wil.
ic , i IE BN. ; jams.” ‘
ge Double Hanging Must __ ‘Then Mrs. M. L. Evans, 182 E.
9th St., San Bernardino, called

9 Be One for the Book to tell me her husband had seen
ey Nobody has vary up lg a a tree in Horsethief Canyon
~ reply to reference librarian Ger- some 40 years ago where, he

San Been? rd

trude Odeil’s request for infor-

“hangman’s tree,’ from the
limbs of which 14 badmen re-
portedly swung into eternity in
San Bernardino’s-robust days 4s
a frontier town. \

You'll recall Miss Odell, on
the staff of the San Bernardino
Public Library, asked the as-
sistance of readers of ‘They
Tell Me” when she received a
query from Henry W. Splitter
- of Venice, who is doing an art-
icle on historical trees of South-
ern California. Quoting a news
story which appeared in The Los
Angeles Express in 1897, Splitter
said he understood that “hang-
man’s tree’’’in or near San Ber-
nardino had been used by
lynching parties since 1848 when
four bandits ‘were hanged from

the tree. In all, 14 men were:
hanged, said Splitter, until 1863,

*

No history of San Bernardino
_County includes any reference to
‘a “hangman’s tree’’ so frequent-

ly used by vigilantes, nor do
old-time residents recall such a
tree,

But Splitter’s inquiry has
stirred tales of Jynch law dating
back to the days before Amer-
ican occupation when rustlers
hid their stolen herds in Horse-
thief Canyon, on the desert side
of the mountains east of Cajon
Pass, and of hangings in Hol-
comb Valley’s rip-roaring days
of gold mining in the 1860s and
187Us.

‘Said L, Burr. Belden, The
Sun-Telegram’s eminent histor-
ian;

“While it is extremely doubt-
ful if any tree in or around

mation as to the location of

wi

San Bernardino could justly be |

referred to as a ‘hangman’s
tree,’ there still stands a hoary
old juniper in Holcomb Valley

from which undesirables of the |
camp were hanged when a

“S#Ou p, of vigilantes.
among the valley's gold miners
fired of Jawlessness in the val-
ley. There is no accurate figure

as to just how many men were:

hanged in the mining camp.

i?

eters El eBUY echelon: Rett ict sdb Reba Haas Nd PE!

was told, seven men had been
hanged for stealing horses. Her
husband said there were chains
still dangling from the limbs of
the tree. Evans believes this
may he “‘hangman’s tree.”
Belden said history records
the slaying of horsethieves fre
quently in the area. One of the
most celebrated trials in valley
history, he said, was held im-
mediately after the Mexican
War when two of the Lugo fam-

‘ily, which owned the Rancho

San Bernardino, were arraigned
for the slaying of two horse-
thieves in Cajon Pass. The Lugo
brothers won a hasty acquittal
when an outlaw band tried to
kill another brother, Jose de]
Carmen Lugo, at the Mission
Asistencia near today’s Byrn
Mawr. The outlaws fled into San
Timoteo Canyon where they
were killed by Lugo cowboys and
Cahuilla Chief Juan Antonio’s |
walriors,

*
.But I like best of all Belden’s |
‘story of a killer twice hanged,
the second time for the bene-
fit of a newspaper photographer.
The hangings occurred at Ski- :
doo, a mining camp in the Pan-
amints on the edge of Death |
Valley, in April 1908. There, out- °
raged miners hanged Joe Simp-
son, a saloon keeper, for the’
murder of the town’s banker
and storekeeper. Simpson’s body
was cut down and buried on
the spot but when a news pho-
tographer of The Los Angeles

“Herald arrived the next day

and asked for pictures, the min-
ers obligingly disinterred Simp-
son’s body and swung it again
from a rope. The photographer |
snapped his pictures, the min- |
ers again buried Simpson and
everybody was happy — save
Simpson.

The double hanging of Joe |
Simpson is not legend but fact,

- Belden said. Two witnesses to

the hangings, Bill Keys of
Joshua Tree and George Cook of

-Lone Pine, are yet alive. Both

recounted the double execution
at a 49er Days observance held
in Death Valley in 1960, Belden

said. . - ;


P =

SarniBe! no, = wid

Mar. le; kG ae

; leadire aes
ik
aay

EARL’ E.BUIE
An Eye for Beauty
- Ando Hangin’ Tree |

A Aittle of ‘this ahd a little of
that: ,

t

* N. Curtis Avtudving. “The |
chief photo- .

:‘Sun-Telegram’s

-grapher, who posed entrants in|

‘ ‘the National Orange Show’s -

iqueen contest on exhibits while

shooting news pictures at the .

exposition yesterday, thinks he
can pick the winner in advance
of tonight’s judging of the 41

#irls on the stage in Swing Au- .

ditorium.

A man with a keen eye for
beauty, either pastoral or phy-
sical, Curt could be right. And,
of course, he could be wrong.
rl tell you tomorrow if he hit
or missed.

~ Did San arsasniis ever
have a “gallows tree’ - from
which its badmen were hanged?

I am almost positive that we
had no such tree, but at the re-
quest of Gertrude Odell, refer-
ence librarian on the staff of
the San Bernardino Public Li-
brary, I'll pass the question

along to readers of ‘‘They Tell

Me.”

Miss Odell explained she had ,
been unable to find in the li-|

brary’s volumes any mention of }
such a tree. She had received a!
request for such information
from Henry W. Splitter, of Ven-
ice, who explained he was do-
ing an article for the Southern
California Historical Society on

historically important or other- '

wise remarkable trees. He had
learned, he said, of the gallows
tree-in San Bernardino from a
clipping from The Los Angeles
Express of July 7, 1897, which,
in turn, was copied from the
Philadelphia Times.

ee

“2S

fe The news article read:
“The famous gallows tree of

San Bernardino County is no.
Miore, There was not another |
tree in all the world like it, |

From its great branches more
than 14 men had swung into
eternity and in its shade great
évents of California: had been

planned. The tree was a live |

oak, a landmark known far and
wide as a natural meeting and
resting place. It undoubtedly
was 600 to 700 years old and
Stood near what was the village
of San Bernardino. In June
1848, four robbers were hanged

there side by side. Three simi- .
lar. characters were hanged in |
May 1863. The latter were bur- |
fed at the foot of the tree. The |

jast desperado was hanged here
in the fall of 1870.”

arte }
“At Neciall appear - that en, news
writers of Philadelphia in, those

ydays were, on occasion, a little
wareless with their facts on life
‘in San Bernardino.

- L. Burr Belden, The Sun-Tel-
egram’s historian, said there is
no mention in any history: of
San Bernardino County of a
gallows tree, that he doubts if
_there were four badmen in the
sparsely settled valley. of 1848
and, moreover, he never heard
of three hangings in ithe valley
:in 1863. %,

! In.fact, Belden said, hangings
- were rare in the valley. On one
“occasion, he said, Indians
‘hanged one of their. own bad-
‘men from a tree in “Squaw

‘Flats,” today’s Meadowbrook .

Park. And on another occasion,
'@ murderer was. hanged
‘from .@ railroad trestle across
Warm Creek. This hanging oc-
curred in 1893... There was
another hanging, possibly two,
‘jn the old county jail yard on
-Court Street in the early days
of valley history, but they were
i Jegal executions,

Nohody ever heard cof a gall
lows tree.


serBerra pd ino SON Manag’? -

A A Hangin’ Tree,
-ARam, a River

cla little of this and a little
‘of that:

~"No, we haven’t forgotten the
old ram of San Sevaine Flats.
He'll be along in two weeks or
50 from Gary Swanson’s taxi-
dermy shop in Yucaipa to take
his place among the exhibit
pieces at the San Bernardino
‘County Museum in Blooming-
ton.

- ‘Nor has Dr. Gerald A. Smith
the museum’s director, changed
his plans as to naming the old

names for the ram suggested by
readers of “They Tell Me.”
Your suggestions are on his
desk.

. “We thought,” suetninail Dr.
Smith, “that we would wait un-
til the ram is placed in position
in the museum before selecting
a name for him. We can pro-

bably do a better job after we |

see the old fellow.”
*

- It begins to look as if every |

town had its hangman’s tree.

- €leanor Bush, 7683 Golondrina |

Drive, San Bernardino writes:

"Dear Mr. Buie:

* “In regards to your column

of March 9 about the ‘hang-

man’s tree’: ;
“There was one between On-

tario and Pomona on Holt Ave-

nue, just inside the San Bernar- {

dino-Los Angeles County line.
An art teacher at Chaffey High
School told my mother about the
tree in 1927. She said the early-

day settlers used it for hang- |
ings. The teacher was Charlotte |

Reed. Surely, someone in the
Ontario or Pomona area remem-
bers the big oak that was called
‘hangman’s tree’.”’

{I well remember the tree on
Holt Avenue. I lived in Pomona
in 1906 and. in Ontario in 1908
and I remember the big oak,
which I presume is the one Mrs.
Bush refers to. It stood along
the shoulder of the roadway for
many years. Moisture dripping
from its foliage made the road
surface extremely slippery in
rainy or foggy weather. It was
removed to permit widening of
the avenue. I never heard the

Fam. He will select one of the |

7

story of the tree being used for
hangings. But I do recall it took
its toll of early-day motorists
who, somehow, failed to see it
and crashed into it...)

cee

Included in the booklet, ‘‘Riy-
ers of California,” published by
the Pacific Gas & Electric Co.,
‘is this description of the Mojave
River:

‘Rises in the San Betnasding
Mountains near Lake Arrowhead.
Its headwaters flow from eleva-

tions of 5,000 to 8,000 feet above
sea level. It follows a circuitous

route of 100 miles, mostly un-
derground, through the Mojave
Desert to Soda Lake, 60 miles
east of Barstow. Its drainage
basin comprises 1,470 square
miles, of which 250 may be
classed as mountains, 219 square
miles as foothills and 1,000
Square miles as plains and des-
ert buttes. The name is derived
from the warlike Yuman tribe
on the Colorado where Califor-
nia, Nevada and Arizona now

meet.”

What the booklet’s editors
should have told you is that the

| Mojave is one of California’s

longest — and driest rivers. The
Mojave, of which Deep Creek,
rising in the San Bernardino

Mountains, east of Running |

Springs, is the principal tribu-
tary, furnishes water for the ma-
jor desert communities.

More interesting however, is
the fact that the Mojave is one
of the few rivers on the con-
tinent that flows its entire course
away from the sea.


San Bernardino GUARDIAN, July 16, 1870

"COUNTY COURT -- The County Court has been in session for the
past week or ten days. True bills were found, by the Grand
Jury, against the following parties: Garibaldi, an Indian, in-
dicted for stealing cattle; upon trial was convicted. Jesus, an
Indian, for killing cattle pleaded guilty. Felipe Ybarra, for
cattle stealing, before indictment was found he had vamused to
parts unknown. Andres Rogeas was, upon trial, acquitted. The

case, the People vs. Van Tassel, comes up for trial today."

(This fragment from the GUARDIAN suggests 2 possible executions
after conviction for cattle theft. ‘the fact that they were Indians
and that hanging was the common punishment for this crime leads

one to suspect that there was a hanging. It would have to be

confirmed in court records.)

186

the room. At this, Brooks drew a large bowie-knife and made several passes at Stewart. Another
man interfered with a stool, which he broke over the head of Brooks. | Finding himself closely pressed,
the valiant Brooks struck frantically with his knife at Stewart, but failed to inflict any injury upon
him. .

Albert Riesburg, one of the proprictors of the saloon, came in while the fight was in progress, and fired
at Brooks over the shoulder of Stewart, striking the former in the left side. Brooks exclaimed “Tam
shot,” and expired shortly after.

Riesburg, and Scholler, his partner, were examined before a justiee and discharged. The coroner's
jury implicated Riesburg in a large degree, and as he and his partner were preparing to leave town,
they were re-arrested. A crowd came down from Lynchburg, for the avowed purpose of exercising
retributive justice upon them, but, as there happened to be four deputy-sheriffs in town, the officers protected
their prisoners from the fury of the mob, and succeeded in getting them safely in jail at Bidwell, then
the county-seat. Riesburg was tried for murder in the district court, before Judge Daingerfield, who
was then on the bench, and, on the thirteenth of March, 1856, the jury, of whom Samuel Walden was
foreman, rendered the following verdict:  “ The jury in the case of the People of California vs. A. O.
Riesburg, find the defendant guilty of murder, but recommend him to the merey of the court.” On the
nineteenth of March, Judge Daingertield pronounced sentence of death, fixing as the day of execution
the twenty-fifth of April, 1856.

Riesburg was a native of Prussia, and only twenty-six years of age. It seems he had never seen
Brooks until the night of the shooting, and, consequently, could not have premeditated the killing, which
should have been proven before a verdict of murder in the first degree was rendered. Judge Lott, who
assisted District Attorney Kleine in the prosecution, tried to make it a case of manslaughter. Riesburg
averred to the last moment that he tired the fatal shot because he thought a fellow-man was in danger,
and did it to save him. It is said that an opportunity was once given him to make his escape, after
he had been sentenced. The jail-door was open and a carriage stood ready to carry him away, but he
refused to avail himself of these means to escape the penalty of the law.

Ata quarter of two on the afternoon of his execution, Riesburg left the Bidwell jail for the scaf-
fold, accompanied by Rev. Hobart and the sheriff, Peter Freer, with a guard, He was very pale, but
firm, and shook hands with those who recognized him. Fifteen hundred persons witnessed the execu-
tion, among whom were many women. Creat commiseration was felt for the unfortunate young man
whose hasty crime met with such a terrible punishment.

On Wednesday, March 12, 1862, the body of a man named Jurgen Jansen was found on the side
of Table mountain, near Morris’ ravine. It was one of the most horrible mutilations ever witnessed in
the county. He had been murdered in his bed, evidently with an axe. His head was literally chopped
in pieces and nearly severed from his body, hanging by only a few muscles and tendons. After the mur-
der had been committed, the body was carried a distance of eighty or one hundred yards up the side of
the mountain, and buried under some rocks. He had been missed for several days, and the search that
was made for him resulted in the discovery of his hideously-mutilated body. Suspicion had already
attached to Adic Eckron, who shared his bed and eabin with the deceased at the time of the commission
of the murder, and in answer to queries as to the whereabouts of Jansen, had stated that he did not
know where he had gone. He was held to answer to the court. of sessions, bail being refused. In a few
days the case was transferred to the district court.

Previous to the examination of Eckron, the body of the murdered man was brought to Oroville and
placed in the hall of the court-house. It presented a sickening and horrible spectacle, and an immense

crowd, full of curiosity, thronged thither to view the remains. Four yawning gashes were visible—


ee II TIENT AT

1&7

one where the blade of the axe had been sunk into his forehead, one in either cheek, and a fourth in the
back of the neck, nearly severing the head from the shoulders.

Kekron’s trial was held in November, 1862, Judge Sexton presiding. Judge J. M. Burt appeared
for the prisoner, and District Attorney John 8. Berry on the part of the people. The evidence was
wholly circumstantial, but so strong that no one could doubt the guilt of Eckron. Eckron’s axe was
found covered with blood, and the cot they both had slept on showed the marks made by the murderous
weapon as the fearful blows were rained upon the writhing victim. Other circumstances were propor-
tionally instrumental in establishing Eckron’s guilt, and the jury, on the third day of the trial, brought
in a verdict of murder in the first degree. On the ninth day of December, 1862, Judge Sexton pro-
nounced sentence of death upon the prisoner, fixing the day of execution upon January 30, 1863. The
prisoner’s counsel took an appeal to the supreme court, but the judgment of the district court was
affirmed. The execution took place privately, in the jail-yard at Oroville, on the twenty-second of May,
1863, being witnessed by only a few persons, who were admitted by permission of the sheriff, W. O.
Middleton. To the last Eckron protested his innocence. Both the murderer and his victim were
Scandinavians, and, as the former could not understand English, the death-warrant was interpreted
to him.

Two Chinamen, Ah Lee and Ah Coon, now lie in jail, convicted of the murder of Ah Lin, a Chinese
merchant of La Porte. They were convicted in the superior court in June, 1881, and their case is now

before the supreme court on appeal.

CASES OF MOB VIOLENCE.

Of Butte county it may with truthfulness be said that her people are exceptionally law-abiding.
Fewer instances of mob violence have occurred“ within her borders than, we believe, any other couaty in
the state, of equal age, can boast of. Her officers and courts have generally performed their duties with
so much promptness and justice that disgraceful scenes of lynching have been like the visits of angels in
their rarity—no necessity existing for the people to take the law into their own hands. The first
instance of the kind occurred at Bidwell’s bar in 1850, when an Indian was shot by a mob. We have
knowledge of no other happening until the extraordinary affair of 1857, at Bangor.

A wholesale demonstration of mob-law, whereby a number of victims meet their fate simulta-
neously, is not of frequent occurrence. Mob-justice is generally satisfied with one subject on which to
wreak its vengeance, but Bangor can boast the singular spectacle of three men dangling in a row, having
paid the heavy penalty of their crimes. The trio of unfortunates alluded to were Charles Ringgold,
S. R. Lake and J. N. Johnson. One of their accomplices, Charles Jones, was taken with the rest, but
spared the fate of the others because of his readiness to confess his partnership in the rascality of his
associates.

In the month of March, 1857, several outrages were committed against peaceable Chinamen in
Oroville and at Bangor. A Chinese camp at the former place had been robbed, while in the latter place
robbery had been supplemented with murder. The people took the part of the simple foreigners, and
determined that justice should be done them. On the thirtieth of March, the four men named above
were arrested at Long bar, on the Yuba, on suspicion of being implicated in these crimes. ‘The next
day, Mr. Mooney, constable for Wyandotte township, went to Marysville for the prisoners, and brought
them back to Bangor, locking them in a house. Having heard numerous threats of lynching, the officer
began to fear for their safety, and under cover of the night took them out of town and endeavored to
secrete them in the chaparral,

About two o’clock in the morning, a band of men, all completely disguised with blackened faces,


BUTTE COUNTY, CALIFORNIA,

HARRY Lh. WELLS

Reproduction of Vell,’ and Chamlers 7

218

AND BIOGRAPHICAL SKETCHES OF ITS
PROMINENT MEN AND PIONEERS

<+>o—<> .

With Introduction by
W. H. HUTCHINSON

<>_oO~<>

Howell- Nath Looks

Berkeley, California
VI73


185

the state for ten years. Every means possible was employed to find the treasure. It was believed that .
the brigands had buried it near the dry slough, but the investigations brought to light only a few eld
clothes and a dirk-knife that they had buried some distance off. The ruse was tried of sending a man to
the prison on some fictitious charge, who became intimate with Gray, but could not worm from him the
secret of its hiding-place.

Another daring highway robbery was committed, on the twenty-fifth of June, 1864, near Bidwell’s
bar, as the Quincy stage was going towards Oroville. Charles Wykoff was driving, and had with him
two passengers, O. W. Cherry and A. F. Linden, besides Whiting & Co.’s treasure-box, containing
$1,882 in gold-dust and $220 in coin. Two men suddenly appeared in the road, one taking the harses
by the head and the other demanding the treasure-box, with cocked pistol in hand presented at the
driver. Wykoff responded that there was no treasure-box in the coach, when they told him they knew
a “d d sight better; hand it out, and put on no airs.” This brought out the desired article. The
robber took it to the side of the wheel-horses and broke it open. While doing so he dropped his pistol.
Wykoff was about to shoot him with his Own weapon, when the passengers discovered a third man in
the brush with levelled pistol, and begged the driver to desist, About this time Constable Brown, of
Bidwell’s bar, arrived in a buggy. He was made to stop in the rear of the stage, while they went
through him, also. But as he only had six dollars and a half, he was magnanimously allowed to keep
it. They were about to rifle the baggage of the passengers, when the chief brigand told his followers to
leave the passengers alone. They then held their pistols on the stage and buggy and told them to go,
and not say anything about the matter until they got to Marysville, and not to tell any lies. The stage
then proceeded to Oroville, leaving the robbers on the ground where the robbery was committed. Pur.
suit was immediately instituted, and a party of emigrants caught, who had an examination before Justice
Coughey. There were two women and five men, who gave their names as Sheridan, Stairs and Sims, but
changed them afterwards to W. S., U. T. and Charles Gassoway, J. F. Schuller and John Shores. They

were arraigned before J udge Safford, tried, convicted, and sentenced to terms varying from three to ten
years.

THE DEATH PENALTY.

At the present writing there have been two legal executions in Butte. The duty of sentencing a
man to death on the gallows, and the duty of executing the sentence, are about as unpleasant and disa-
greeable things to do as generally fall to the lot of mankind. The first heat of indignation and horror
has passed away when the case comes to trial, and when the lease of life allowed by the judge has termi-
nated, these emotions are generally superceded by pity and commiseration for the unhappy prisoner.
Then ensue long petitions to his gubernatorial highness for pardon, which, when unsuccessful, are
followed by the final act of the tragedy in the execution of the condemned msn. Brief sketches of these
two affairs appear below :—

On the night of December 12, 1855, George Brooks, a resident of Lynchburg, entered the St.
Charles saloon, on Myers street, Oroville, in a state of’ intoxication sufficient to make him very quarrel-
some and unreasonable. He was a tall, powerful man, with a full beard covering the lower part of his
face. At the time, a great ri valry existed between Lynchburg and Oroville, and it frequently required
but the slightest provocation to produce a first-class row. Brooks requested a man who was seated near
the stove, by name Robert Stewart, to play a game of cards, Stewart declined. Brooks informed him

he could hit him across the nose, and immediately went out into the street, expecting that the nose of

Stewart would follow, that it might be hit. It, the nose, failed to walk up to the slaughter.

Brooks re entered the Saloon, and remarking that he could whip Stewart, struck him a blow to

convince him of his superior prowess. Stewart retaliated, and crowded his Opponent into a corner of

18a


EXCERPTS FROM A HISTORY OF SAN JOAQUIN COUNTY, CALIFORNIA BY GEORGE TINKHAM, 1923,

1. BAKER, George, hanged at Stockton on May 20, 1851. pp 275-276,

2. BARRILLO, Jose, hanged at Stockton on June 3, 1853. pp 276=277 6

3&h. SALKMAN, Frederick, and WILSON, James, hanged at Stockton on Nov, 28, 1851. pp280-81
5. ELYEA, Jacob, hanged at Stockton on Mar. 9, 1860. pp281-282,

6, CRAWFORD, William, hanged at Stockton on Feb, 17, 1860. pp 282-283,

7. CROSSON, William, hanged at Stockton on Feb, 17, 1860. p283.

on

SAN FRANCISCO EXAMINER

%* Saturday, March 31, 1990 A-25

San Francisco Examiner

WILLIAM RANDOLPH HEARST

Proprietor — 1887-1951

ee

-

COTT Deputy Managing Editor
Foreign/National Editor
‘sistant Managing Editor, Graphics
‘<H_ Business Editor
‘cutive News Editor -
Assistant Managing Editor, News
»olitan Editor
Yports Editor
ting Editor, Features
‘ciate Editor
titor

OTHER WOIGES / ‘REVIN MULLER

San Francisco’s first execution

HE FIRST execution in

San Francisco was the

Vigilance Committee

hanging of John Jenkins

in Portsmouth Square in
June 1851. Outraged by what they
viewed as a recent outbreak of violent
crime by Australian ex-convicts —
Sydney Ducks they were called-— a:
group of prominent Gold Rush San
Franciscans organized themselves in-
to a vigilance committee to do some-
thing about it.

Their first client, an Australian
thug caught in the act of burglarizing
an office on the evening of June 10,
1851, was promptly taken to vigilante
headquarters, where he was quickly
“tried,” found guilty, and sentenced
to hang. Shortly after midnight with
a rope around his neck, he was

marched to Portsmouth Square..

There the vigilantes met a group of
“law and order” supporters who tried

,to seize the prisoner, and in the ma-
‘cabre tug-of-war which followed, the
.outnumbered authorities held the

condemned man’s body while the vig-
ilantes pulled the rope around his
neck.

’

In the end, the vigilantes got their
end of the rope over a beam of the old

. Mexican Custom House and hoisted

the prisoner aloft. They held him

Mullen is a former San Francisco
deputy police chief.

¢

there until daybreak as a lesson to
others.

the following month, the vigi-

lantes didn’t take any chances
on a repeat of the undignified scuffle
at their previous production. This
time they marched the prisoner to
the end of the Market Street Wharf,
which they filled with their own
ranks, and then strung him up from a
derrick in full view, but beyond the
reach, of spectators on the Battery
Street waterfront.

By the time of their final hangings
in August, the committee had evi-
dently given even more thought to
the exemplary possibilities of public
executions. For that one, they pro-

Fe: THEIR NEXT hanging

posed to stage a double hanging from”

the yardarm of a ship moored in the
harbor directly in front of “Sydney-

‘town” on the eastern slopes of Tele-

graph Hill, to send a pointed message
to the residents of that region on the
price of crime in San Francisco.
When the self-appointed execu-
tioners had to put off the scheduled
hanging for a day, the state’s gover-

‘nor, along with the county sheriff and

the city’s mayor, personally raided

the committee headquarters, rescued .

the two prisoners and lodged them,
safely they thought, in the new coun-
ty jail on Broadway Street.

A few days later, vigilantes entered
the jail, retook the prisoners and

raced with them to vigilante head-
quarters, where they immediately
hanged them without ceremony from
upstairs windows.

The first legal hanging in San
Francisco did not take place until the
following year, in November 1852.
The original idea was to hang the
condemned in front of the county jail’
on Broadway in full public view. That
idea was scotched and the next loca-
tion selected was the top of Russian
Hill, where the execution could be
viewed by the entire city below. But
in the end, the site was moved further
west, 100 yards over the brim of the
hill. The execution was still public,
but only those saw it who took the
trouble to climb Russian Hill and go
down the other side.

Thereafter — except during the
second vigilance uprising of 1856
when again four men were hanged in
the public streets of downtown San
Francisco — executions were per-
formed in the courtyard of the county
jail on Broadway — an inner court-
yard — until the function was later
moved to the state prison at San
Quentin where it has remained to this
day.

It is pretty much the considered
judgment of history that the public
hangings of the early days didn’t
serve as much of a lasting deterrent to
crime — except, of course, on those
who were dispatched.

Aniarea

eae ae Sea

Ane end a won eh,

a ee Se ee ee ee ee ee ae ee ee ee

ee be

tr

“History in the Making ._”

ce

v

«

x
a

- ‘Squaw Flat’ Had

= 2 BO-SAN BERNARDINO SUN-TELEGRAM 743;

-#.
*

~

‘Bad Name-Site'

(This is the 57th article of the fourth historical series. It is
also the first of two articles about San Bernardino’s Meadowbrook
Park and the sink hole of humanity known as “Squaw Flat” which
was eradicated to make way for the park,’ The articles appear
Sundays in The Sun-Telegram.) Seay os ete a ai

” By L. BURR BELDEN _ a

- For more than 40 years the section of San Bernardino now
known .as Meadowbrook Park was an eyesore—and worse,
known as “Squaw Flat.” .This present day beauty spot with
-its perennial stream, Warm Creek, is difficult to imagine as a
“Jungle of trees and underbrush, an unregulated dumping
“ground. Such it was, however, and such it remained until the
first decade of the present century when an aroused community
conscience asserted itself and did away with the eyesore once
and for all. | was bound. Weeks quoted the In-
“Squaw Flat” was so named be- dian leader as saying: myers tay
cause it was the traditional camp- ~-*yW6.<gaptain : Pablo. Thesa.my

* had deteriorated through contact
« with the white man’s civilization
; and the white man’s alcohol. It

* also served as a close-in hideout

©} tor other persons who were bums

* or worse. ' aa

> EDITOR TELLS STORY .
* Late in the 19th century a Bak-
« ersfield editor toured the Mojave

; Desert and wrote a colorful series
* of articles about mining camps

_. + and towns, He stayed in San Ber-

‘} nardino for some time and while
« here sent his paper the story of an

~ «° % Indian hanging—by other Indians—

4 }

> at “Squaw Flat.” .

* While this ‘column intentionally
* avoids most crime annals, the ac-
> count of the Bakersfield editor,
* George Weeks, serves both as a
‘ spotlight on social conditions and

' ; » @$ a revealing contrast between

au as ‘eo
ag ie v

, the park of today and the sink
« hole it displaced. Hence portions

‘{ of the Weeks article, which also’

} appears in the editor’s later book,
“California Copy,” are reprinted.
In a companion article about Mo-
jave Desert mining Weeks_ in-
. dulged in a bit of fancy about such
“topics as Calico’s discovery. So
it is possible he may have ar-

ePranged.some facts to suit 4 ig nar:
rative regarding *toritiitfons “on

ing ground of Indians, Indians who gon—him live Agua Caliente—he

my Padre. You sabe him not? We:
live way out desert—Dos Palmas. |
This hombre, him Coche. He kill
my brother Kazoos last week. We
eatchum him in Potrero and brig-
um here. Injuns want sheriff hang
him all same white man, .Coche—
he want: too.” 2 ye G0 rain §
INDIANS ASK HANGING of

According to Weeks, the scene
took place on the lawn bordering
the old courthouse—the one byilt!
in 1874—the sheriff emerging from
his basement. offices which until
the fhiid-1880s ‘housed the jail. Out-
side between 30 and 40 Indians
waited and listened. Their burros
were tied in a long row on the
E St. shitching rail. Squaws had

i
!

lighted fires at the side of the}:

street and were cooking breakfast.
The county official inquired about
the slaying and Pablo - replied,
“Coche, Oh, he steal Kazoos’ wife.
Kaz2oos, he my brother. Kazoos, he
heap mad all same some one steal
your wife. He catchum gun, go
pronto after Coche. Coche, he
watch, see Kazoos coming, hide in
monte by camino, then cut him
with knife in belly. Kazoos he die
quick, like pig—no have to shoot
Coche,””

~The ‘sheriff continued the ques-

ae
!

ier SHE PIOE ee.
| SaaS eed

, , San Bernardino’s-“Squaw Flat’? as tioning «and learned there. had

he observed the colorful but squal- been no wjtnesses except Indians,
id living conditions. there though advised the Coahuilla chief the case
he contended the report came di- would not. stand in court, and said

« eetly from a native of the city if anything. was done it would
“who had observed them.first-hand. have to be ‘under, tribal’ custom.

Captain Pablo; son. of Chief;Pablo shook ‘his hegd.. Jt seems

,, Cabezon of the Coabuilla, brought|Coche bad insisted be ‘would not

po the

yaoe Sy - To - FO oe nam tt ¢3

hus-/Pay,.for, his: crime by ‘burning at

rial Lo

8 jealous

too much time and hurt too much.
Coche had asked for hanging
“white;man style’ and for some
reason the accused killer’s plea!
had been accepted as a fair prop-'
osition by the tribesmen. «=  /
* Coche was questioned next. He)
replied, ‘Sure, I cut Kazoos. I,
know he try to kill me, s6-I kill
him first..Me no stealum wife.
No need stealum. She no like Kay'
zoos, He make her work. Wash.
clos. Scrub floor, Cut grapes for
white peop, He take all dinero,
buy mescal, no buy nothing for
mahala.. Me no have steal her.
She glad come by my wickiup.
She no have to work for’ white
mahalas, I work all time. Catch
plenty dinero. Buy her heap new
dress, heap plenty grub, plenty:
tabac so can smoke all time, I'
kill Kazoos. I cut him like pig,
but he have gun and want kill
me first.” |
The sheriff advised that if Coche!
was to be killed “white man
fashion’? the Indians would have
to do it, and so advised Pablo,
Pablo agreed. “We go Warm
Creek. Plenty trees there,” he!
said. Indians coming to town and,
others who did odd jobs around
San Bernardino lived on the banks
of Warm Creek in a marshy tract
that was by common consent the
town dump, There the Pablo party:
gathered and, as word spread,
they had an audience of curious.
LOCATION DESCRIBED © “
A hair rope was procured and
swung over the limb- of a cotton-
wood. po ra uit as
Weeks described Squaw Flat as
follows: . ant ets
“Squaw Flat, where the friend:
ly hanging was taking place, was
in the lower part of the town. It.
was a low mesa ending abruptly.
on the banks of a sandy wash.
Warm Creek, so called “because
one of its chief tributaries: was a
great mineral spring from which
came a flood of hot water, ran
close to the break of the mesa.
The remainder of the wash was
an expanse of sand covered with
a heavy growth of aguamotes and
willows intermingled with patches,
of prickly pear cactus and oc-|
casional clumps of cottonwood
trees.
“Squaw Flat’s close proximity
to town made it an admirable
camping place for both Indians!
and whites who for one reason or!
another desired to avoid too great,
publicity. People with due regard
for their reputations, as well as
their purses, gave the spot a wide
berth although two well-traveled
roads through it were perforce
utilized by those who were under
the’ necessity of so doing, But.no
one tarried here unduly, :

“During the writer’s residenca

a ‘stranger, was found one morn.
ing who had unwittingly camped
on the flat. He had been attacked
‘by Indians who demanded that he
‘go to. town and obtain a‘supply of
whisky for them, there being .a
Figid. la i Aiquor;:

in San Bernardino a’ white man, -

the aborigines. On this man’s re-
“~~ ‘fusal, the Indians’ bound : -and
‘gagged him and roasted him: af:
;his own fire to ‘such purpose that
lhe died shortly after being dis-|
covered by white passers-by, The!
guilty savages were never. brought!
to’ trial, but there was a well:
founded general impression that,
justice was meted out to them in|
‘abundance, ‘At all events none of
them was ever seen again in the
Ineighhorhood. It was a fact, too,
‘that the sandy soil made gtave:
‘digging an easy job,

«. “Oh, Squaw Flat was a asec
(and delicious nook: of : nature .ta
shave near a Civilized town,”
*\The execution tree selected for
‘Coche had to meet his approval.
‘He rejected one as having too

7

‘light limbs. ‘No good. Maybe fall,
sbreak leg,” he said, A massive!
wide-spreading cottonwood was ape}
praised. Grass grew beneath and’
it had the added advantage of open
land nearby where the audience
‘could camp, ‘Him tree all right,"”
said Coche. “Heap stout: no breaks:

no can. falf on rocks, break Jeg.’’,

Coche was lifted up by several
‘companions, The, reata was thrown
over a limb and made fast and the
condemned man was let fall,
Coche’s weight made the horse-
hair ;rope stretch, so before he
could strangle his toes touched.
‘the ground. Seeing no prospect of
immediate hanging Captain Pablo:
‘ordered the rope untied so Coche’
ould sit and rest. He was given:
‘drinks of a, strong Indian -bever-
‘age, twistin, cigarettes and food,
SHREE FALSE STARTS‘ — |

The hanging attempt was repeat,
‘ed ‘three times with the same re-
sult, Coche jibing his would-be ex-
ecutioners. Finally he volunteered
‘that if a certain, higher limb were
selected, it would work. First, how:
Lever, he. extracted a promise he
would be buried in a box, iwhite
man style, and have a burial serv
‘ice read. It was agreed and the,
hanging culminated. Pablo ordered
his Indians out to stéal coffin wood!
but they were recalled by a busi-
nessmen ‘among the onlookers who;
offered to, supply the wood. The!
Indians. buried Coche, then danced:
around fires in the gathering twi-
light. Scores of San Bernardians’
strolled home to recount the ma-
cabre scene in later years with the’
convincing oapclaian “I was
there.’’ ’ ¥ '

The Weeks account of “the Wa-
terman mine discovery “yaries
considerably from the accépted
version, but also contains more in,
formation of the successful defensé@
‘Of the mine’s tital against a suit
by supposed heirs of Lee. * ‘
- “There is the story of a rich
Mojave. Desert mine,’ wrote
Weeks, “which one man found

fand lost without knowing its value
and another found and kept for it,
fmade him a millionaire, and afters
ward state gavernor. © a

never been found as far as. its
values were concerned.
|WATERMAN FINDS MINE | .
“Tom Lee was a confirmed des-
ert rat. He spent years traveling
up and..down the Mojave’s Jong
expanse accompanied only by his
long-eared:burden bearer. Every
few. months. -hecame-to“San Ber-
pardino ‘with a: lot “of, specimens
and jubilantly told.of his fresh
prospects that were soon to make
him wealthy,

“Over onthe desert, across the
range from San Bernardino,’ Lee
once located a quicksilver or cin-
nabar mine. This was his crown-
ing achievement. He already had
gold mines located here and there;
silver mines located hither and
yonder; copper mines in between,
in fact all sorts of mines such as
asbestos and zinc. But for months
Lee, never tired of talking about
his wonderful quicksilver mine: It
\was a world beater, he was sure,

‘but then Lee was a busy man for
it took much of his time just do-
ing assessment work on his many
other mines..In fact Lee talked
so" much about :his quicksilver
claim that he had difficulty’ get-
ting an audience to listen. Lee is
said to have drifted more and
more to the east and south and
was seldom seen in the vicinity of
his quicksilver claim.

.“That was the way things stood
when ex-beekeeper Waterman and
a partner arrived at Grapevine
Station (near the present Barstow)
one day.

“The station man at Grapevine
Suggested the prospectors go up
and look at Lee’s diggings and
maybe they could locate an. eX:
tension.

“That. ig. what Wataronacd did,
The dump of Lee's mine in-
terested him. Lee had driven a
tunnel: by hand drilling 400 feet
into a‘hill as he followed a nar-
row stained vein of red. It was
quicksilver but no wider than the
edge of a knife blade, not enough,
to bring any profits. ~

“Waterman located nearby
claims but didn’t think he had:
anything worth much until he cur-
iously looked over the Lee dump.
He found the rock on the dump,
was nearly all high quality silver}
ore, Lee, who had silver claims|
by the dozen including a supposed.
silver bonanza over by Old Wom-
an Springs, had not recognized sil-
ver ore, he had been just that in:
tent on mining quicksilver, Fe
BARS COVER FLOOR
MA couple of years later the au-.
thor was in San Bernardino, and.
noted two huge freight wagons;
coming, anche drawn by six mules.’

the. express. offices)

One. was driven by my old bee-

‘|keeper. friend Bob Waterman. I

askeg: about the cargo,

“Waterman replied, ‘Come up
and 'take:a look.’ I did. The entire
floor was covered by great oblong
bars of silver. It had come from
near the lost ‘quicksilver’ mine of

Tom Lee.whose dump of’ “werth~{

less“rock’: had been: found’ to con~
tain the richest ‘kind of silver ore,

' “There was a decidedly interest-
ing aftermath. Some sharpers in
San Bernardino thought they could
go into court and prove Lee had a
still valid claim ‘to the district.
First they needed to prove Lee
dead and-~ produce some heirs.
Back in New York they found,
some relatives, paid their way out
plus expenses and started suit, In
court they produced some bones
they said-were Lee's, ©. =:
“Waterman didn’t bluff easily,
He brought-in some of the town’s

best. .physicians

sto. examine the

bones. The ‘doctors looked and
laughed. ‘Their testimony was the
bones were those of an old Indian
squaw who had borne several chil-
dren. It cost the sharpers plenty.
They had the suit costs to pay
plus the expenses of the Lee rela-
tives — and Waterman's. title to
theming: held -200d."!.:! + OS taeda:

a

.
Ne
f
“
a on.
ey RE Ae? GO +6
6 Re] ad nes for
Dank Re eQouu’
) 3%} £ Yer
od 3 z :
, 3 ; tye
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: ner FSP
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$a:
cag

oy Va per i ) f

revi COUNTY, CALIFORNIA. Gs °

He pleaded "not guilty" tu the indictment. of murder on Cctcber 29, 1872.

~

The jury (ss page 18) found the defendant "not guilty" after twenty minutes

. es : : if 16
of deliberation on Novenver Sirst,

John Donahue shot end killed William Gram at. the Heider House.“ The
|

mar | te
two nere playing pocl when a flareup cceured at six poem. on July 12, 1872.
a | ie

- oa ‘
4, %Donaiue deft the roum anc came bec and shot Oram. Donchue escaped by boat

|

but was a@pprenended.

| )
; Donahue pleaden "not guilty" to the indictment on Uctober 31, 1872.
oe, / "Se ATR a a
* Colonel 8. J. Lewis and W. F. Crawford anpeared for the defense. On November *

~

“5 edgh ta at nine a.m, tne jury (see page 18) found Donahue "guilty" of murder
“4 in tne fiest degree and fized Thursday, November 14, i372 as the day of

{

“~

ee ee eas ; ‘
seutencing.s”~ Donahue was sentenced to hang by Justice Jonn C. Lott. On

Febuary 1%, 1873 a delay of sentence wus denied.

Lonanue was executed on April 15, 1873. Fifteen people witnessed the

‘hanging. At 1:05 peme tne prisoner was led to the place of execution, Father

4

Colesan administered the last rites, Under Sheriff Cushing read the death

“gentence. At 1:19 pem, the trap was sprung. Donahue'’s neck was broken by

the fall. After hanging nineteen minutes Dr. Cameron and Ur, Jefferies pro=

pS

nounced him dead.

ME
Re! Me.
oy

This wes the second hanging in Tehasa County, The first wes the hanging

«of ce Spaniard twelve yeer3 srvo- in 186?,

Pa

fo Mallot shot and killei @, T, Lee, « sheep herder, Tuesday, July 16, 1872.
we Ballot gave fhinselt up but wes relesn.ed after « hesring before Justice Gedney

: : ; . 29
Yoo the «rounds thet he shot in self-dJefense,

At three pem. on December eighth in the year of 1272, Thomes Jordan shot Golson

a ry

16, Court Hecords., op. cite, pr. 105—106,
Lv. 2 sentinel, July 13,1672.

18. “Court Recoraigs, op. cite, p. 110.

19. Independent, April 19, 187%,

20. Sentinel, July 20, 1872.


re hes TULARE COUNTY, CALIFORNIA,

BE Ah W Fost Telere Coch Killings

Qi At Havilsh, on.May 1éth, 1866, at the Bell Union Hot el bar (atte
a ; ait a ter le
j) Poon, an altercetion took pines between Ae ds McGuire, end Charles

E Kern over whether | or not a Mexican hoy should drink with a eat ‘of

?

men at the bar, pie: HeGuire pulled his recolver and struck Kern's

Pad
ty Perks aera ea etek $

ever the head, McCuire then stepped back, ‘took aim at Kern and fired, §

and the deceased fell. MeGuire then called for whiskey end ‘stated

Pe

‘that he wes sorry for what he hed done, but ‘that he was “such a4

Rood shot—that he couldn't help it.

2s, EES

- Thereafter McGuire was tried for mrder in the first degree

An the District Court, Hon. Alexander Deering, vuage L Ptgnen tice end.

Be A. “Sheppard representinn the People in the capacity of Dison

| tet Attorney, and the defendant being represented by 8. C. Prown, *

at

 Pefendant ~ entered a ples of not and bey on October e3rd, 1866,

4%

“and the jury returned Gi Vendh. ct of murder in the first degree, and 2

Bon the e7th of Q_stober, 1866, judgment. of death Was pronounced

eeatnet- the def'endant, and on June 24th, 19867 in accordance with
ae decision of the Supreme Court, the case was trensf erred. to Kern.

ee at

ee. County, Kern County havine been organized in the year 1865, § «

as Set

e420 Z

‘on the 26rd day of March, 1867, at the recauest of Mr Maller,”
f Inadan Agent on Tule Rives, an inquest was held over the body of .,
an Indian woman called Corcona., One witness only testified at.
*nid inouest, called "Sissy". She stated that the deceased end

. herself went from the house to the river for wood, Bee while on

“the road, a man caught the deceased and cut her throat -- that t tues

i {hen caught her and killed her and tha

> the Indian farm: that the neme of one of the murderers was

WS. Comanehoop, and the name of the other she did not know; that 9