USA > California > Tuolumne County > A history of Tuolumne County, California : compiled from the most authentic records > Part 18
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In December, 1865, occurred the burning of the County Jail, with the cremation of Tom Horn. This individual, represented as something of a rough, who hailed from Co- lumbia, had entered Sonora in the progress of a drunken spree, and had been locked up. Shortly after, an alarm of fire was raised, and Mr. Mills, the Jailor, by the utmost exertions, was only enabled to remove the other prisoners from the burning building, leaving Horn, who was un- doubtedly the incendiary, to perish in his own bonfire. The Jail, which was new, had cost the County thirteen thousand dollars, and was almost the only piece of property in her possession that was worth boasting of.
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Later on-in March, 1868-the United States Hotel at Sonora was burned, involving also the destruction of the Theater building adjacent, and the partial burning of the Episcopal Church near by. The hotel was situated near the head of Washington Street, on the ground now claimed for mining purposes by Mark Hughes, Esq., and was owned, together with the theater, by Mrs. Greenwood, widow of Otis Greenwood, once a prominent lawyer of the place. The buildings were unoccupied at the time, and were in- sured for two thousand dollars. The flames ignited the Episcopal Church, consuming the spire, belfry, the west side, and most of the roof, but were then stayed. This structure was insured for twenty-five hundred dollars.
A year later still, or in March, 1867, the suicide of a Sonora merchant occurred to disturb the sluggish current of events. This was Selig Ritzwoller, a dry goods dealer, aged about forty years, and a native of Germany.
In May, 1870, the " People's Accommodation and Ex- press Company " was organized, as a move to secure cheaper fares to Stockton, the design being to run a line of stages from Sonora and Columbia to that city, the trips to be made in ten hours or less, and the price of a passage either way to be not over five dollars. The Trustees of the incorporation were Robert Boyd, D. McLean, M. E. Hughes, C. H. Randall and H. B. McLean, of Sonora, Thomas. M. Byrnes, of Columbia, A. B. Preston, of James- town, George Hanna, of Chinese Camp, S. Dingley, of Knight's Ferry, Morris Magner, of Stocktou, James G. Hughes, of Confidence, and James N. Berger, of Roach's Camp.
For one year, or thereabouts, the organization kept to its purpose of reducing the fare, and by the month of June, 1871, the Stockton and Copperopolis Railway having been completed to Milton, the People's Company was dissolved.
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During this period it had been in competition with the stage-line of C. H. Sisson & Co.
Previously, three lines, those of Fisher, Dillon and Mc- Leod, had run lines of stages between those places, but through the decline in travel Fisher and McLeod were compelled to retire, while Dooley succeeded Dillon in the conduct of his business, and subsequently the firm of Sis- son & Co. conducted their traffic unhampered by competi- tion. In later years Shine & Co. alone have run the trans- portation lines of this region.
In December of 1870, J. C. Scott was shot and severely wounded in the Riffle Saloon by Thomas Newton, alias " Texas." The quarrel was of the usual sort, instigated by whisky, and the penalty of a term in State Prison was meted out to " Texas," who was the aggressor. At a later date it will be seen that he served out his term, and return- ing to Sonora, met the usual fate of such desperadoes.
Later in the files of the local papers is to be found an account of a fire that occurred in Sonora on March 31, 1871, consuming the ante-room of the Masonic Hall and the wooden building known as the Riffle Saloon, and doing damage to the premises of Jalumstein, Livingston, Street, Keil and Oppenheimer. The loss on the Riffle Saloon was in the neighborhood of five thousand dollars, while Op- penheimer's probably exceeded that sum. The remaining losses are not stated in the account.
Charles Thompson, a Swede, living about six miles east of Sonora, on the Ward's Ferry road, was killed, on November 7, 1871, by Jacob Oliver, another Swede, who was suspected of mental unsoundness. The deed was committed with an axe.
A pistol was the weapon with which Mr. J. S. Kimball, of Brown's Flat, shuffled off this mortal coil, and the im- pelling cause seemed to be that the suicide was tired of
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living. Mr. K. was a much respected miner, forty-seven vears of age, a native of Maine, and had mined on the Flat for many years. His death occurred May 6, 1872.
In the following July occurred the trial of William Jones for killing John F. Rebstock, alias " Peg Leg," at Columbia, in October of the previous year. The case, occupying two days, terminated in the conviction of Jones, of murder in the second degree, and his sentence by Judge Booker to fourteen years' imprisonment.
Another homicide, dating on the 29th of July following, was the killing of W. H. Engles by Thomas Willis, on the former's ranch near the Phoenix Reservoir. The killing was in consequence of a land trouble, and the weapon used was a shovel. In spite of the fact that Willis was the aggressor, he was acquitted on his trial in November.
October of this year was marked by the fall of the Democratic flagstaff (which stood between the City Hotel and the Washington street bridge in Sonora), thereby caus- ing the death of Nicola Blatcovich, who at the time was engaged in lowering the topmast, being then seated upon the cross-trees, some seventy feet in the air, and meeting instant death, when the pole fell from his weight.
Ah Mow, of Chinese descent, fell by the murderous hand of his fellow-countryman, Ah Bun, at Jamestown, in 1872, and his slayer, tried and convicted of the murder, received sentence of death; but to avoid the penalty, the crafty heathen, a week before the time set for his sudden taking off, hanged himself in his cell-a common trick of condemned Celestial murderers, and one which is said to have more than once cost certain well-known attorneys a fee contingent upon a legal hanging.
Another killing, in September, 1873. This was done by a boy named John Gillen, of Columbia, the victim being an old Norwegian named Forgar Oldsen, but who was affec-
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tionately known as " Uncle Harry." This murder, which was entirely without provocation, was equally without ret- ribution, for the young man escaped.
The Catholic church at Sonora was burned on August 7, 1874, only the walls being left standing. The fire origi- nated in a small wooden building between the Priest's resi- dence and the church, and owing to the scarcity of water, nothing effectual could be done to save the latter building. The loss amounted to about three thousand dollars, with- out insurance.
The next sensation pertained to Columbia, and was the killing, under eminently justifiable circumstances, of Adolf Parou, by Thomas Hayes. Parou met his deserved death through the lowest species of immorality, touching as it did the well-being and virtue of young school-girls; and probably no manslayer ever met with more general appro- bation than did Hayes.
Toward the last of November of the next year the Pho- nix reservoirs, on Sullivan's creek, broke, from the over- charge of waters incident on the heavy rains of that time, and did considerable damage from the flooding of the low lands below. " The creek was already booming, and the storm was at its hight, when suddenly, high above the lashing of the rain and the dash of the roaring creek, sounded the distant thunder of the coming waters." At first the creek began to swell gradually, but perceptibly, then move rapidly, until a great wall of water rolled down with thunderous roar, yellow with accumulated mud, and bearing upon its foaming crest huge logs and immense pieces of timber. On reaching Bergel's place, where the Summerville road crosses the creek, the waters hesitated an instant, owing to the narrow passage through which they had to pass. Then, with a mighty effort, it lifted the bridge as if it were a feather, carrying it away and dashing
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it to pieces in a twinkling. A number of Chinamen had formed a settlement on an island near where the road to Kincaid Flat crosses. When the waters of the creek began to rise, three of these men climbed a tall cottonwood grow- ing on the banks of the creek, and were for the moment safe, but the wall of waters, rolling twenty feet high, sub- merged them, drowning them where they clung."
The centennial year was marked by one tragedy some- what out of the common run of killings, in that it was publicly done, a no less frequented place than Washington street, Sonora, being its scene. It had been years since the quiet town had witnessed such another high-handed outrage, if, indeed, any exactly parallel circumstance ever occurred within its precincts.
On June 6, 1876, Harry Hyde, James Burns and Tobias Richards, all well-known residents of the county, sought out James M. Sloan in the livery stable of McLean & Co., and entered into a wordy quarrel with him, the evident intention being to force a fight upon him. Being unarmed, Sloan was only able to offer to fight Hyde, the most per- sistent of his tormentors, with his fists ; but to this Hyde would not agree, telling Sloan to arm himself. An appli- cation to several bystanders for the use of their pistols being refused, Sloan proceeded to Rowell's gun store in search of a weapon, which there securing, he came back to the vicinity of the first meeting, but on arriving at the cross street, next to the Long Tom Saloon, he halted and leveled his pistol at Hyde, who was standing with his pistol in his hand, in front of Wells, Fargo & Co.'s office (now Pickle's Gem Saloon). All who saw the shooting, and a large num- ber did so, declare that Hyde fired first, and that his adver- sary replied almost instantly. Hyde continued to aim and
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fire, but Sloan, finding difficulty in the management of his pistol, which was new to him, succeeded in leveling fairly at Hyde but twice, his other shots exploding prematurely. When his pistol was emptied he held it above his head to signify its condition, at the same time turning towards Haag's saloon. At this instant, and while his adversary's back was turned, Hyde fired again, and struck his oppo- nent in the right side. Going into the " Long Tom,"' Sloan laid his pistol on the counter, while Hyde proceeded up the street, where he was arrested by Sheriff Baxter ; but at this juncture, while yet the officer had his hand on his prisoner's shoulder, some one interfered, knocking or, pushing Baxter from the sidewalk into the gutter, thereby releasing Hyde, who instantly proceeded down the street, carrying in his hand a loaded pistol which Burns provided him with. Sloan, in the meantime, had left Haag's and was walking down the street. Hyde followed, undeterred by the cries of " Arrest that man!" " Why don't some one arrest him ?" from the numerous and excited lookers-on, and before Sloan reached McLean's stable, fired three shots at him. Turning, Sloan grasped the pistol and wrested it from Hyde, who fled across the street, pursued in turn by Sloan, who, finding his strength failing, paused at Ryan's saloon and threw the pistol at his enemy and turned toward the Sonora Hotel (now Mark Hughes' blacksmith shop), and, reaching it, sank exhausted and bleeding upon the floor, dying within twenty-four hours, from the effects of the shot in the side-the only ball that struck him.
In the course of the town's history hardly an event had happened to more effectually arouse the people than did this shooting affray, not because two desperate and reckless men had fought a duel which resulted in one's death, but because they washed their injured honor in blood that dripped in the public thoroughfare at a time of day when
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many citizens and women and children were exposed to death or injury from the flying bullets. The community was also considerably exercised over the idea that justice would not be done-seemingly a well founded fear, as the sequel might be interpreted.
The trials of Hyde for the murder, and Burns and Rich- ards as accessories, resulted in the sentence of the former to seven years' imprisonment, while the others both escaped conviction.
The less interesting items of the burning of Brodigan's " Sonora Hotel," taking place on June 11, 1877, with a loss indefinitely stated, but probably exceeding seven thousand dollars ; the suicides of Per Johnson, in Octo- ber, 1878, and of Valentine Hahn, aged seventy years, in the month of February, 1879, together with some minor matters, make up the sum of Tuolumne's history for the time until the occurrence of the Texas-Sandoval shooting affray, of which the annexed is a brief account ; deservedly brief, since, were it not for its recentness, there is nothing to distinguish it above the numerous other murderous affrays born in the plague spot of the Tigre.
" Texas," otherwise known as Thomas Newton, one of the numerous class of men, quiet, but still worthless, when sober, but desperate and quarrelsome when in his cups, has already been mentioned as the one who inflicted serious wounds upon Scott, a bar-tender, a few years previous, and who for that offense was confined at San Quentin for a term of years. A native of Florida, he had served the Government in the Mexican War, and acquired a reputa- tion for fearlessness, when once aroused. In earlier years he had killed a man in a disreputable house, and at other times had had numerous encounters with persons of his own stamp, in which he had nearly always come off first
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best, but frequently with wounds which would have sent a man of ordinary tenacity of life into an immediate grave; but, as each of this class finally meets his man, so Texas fell by the bullet of a foeman he would at other times have despised. The affray, in its particulars only a common Tigre row, had its origin in a dispute about a female in- habitant of that region, taking place in Wolfling's slaughter- house, and resulted in the immediate death of the unarmed Texas, by a bullet wound in the left eye, penetrating the brain. Sandoval was acquitted.
During the year 1880 but a solitary instance, seemingly worthy of narrative occurred. This was the death of Father John Treinor, from the upsetting of a stage, near Priest's Hotel. It seems that Father Treinor, in company with several of the parishioners of the Church of St. Lawrence, in New York City, whereof he was pastor, had left their home for a pleasure trip to the Pacific Coast, and while on their way to Yosemite, the lamentable accident took place. The reverend gentleman was described as a man of the highest attainments and of splendid natural abilities.
1881 proved more fruitful in events, for in that year sev- eral interesting occurrences took place to remove the dull- ness of the average times. Among these was the killing of a Chinaman known as Duck Lee's Brother, by Ah On, in the street, near Judge Rooney's house, in Sonora. For this the rash Ah On was sentenced to State's Prison for a term of fifteen years.
Then, in order, came the abduction case of Helen Armand, by two or more persons, one a woman, the others bearing, but disgracing, the form of men; and these low, disreputable beings received the merited penalty of their filthy work in a State's Prison sentence.
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Then, for a time, the celebrated Bonanza suit of Hughes versus Divoll contributed its details, through several months, to interest the community, who were patriotically rejoiced when the "thoroughbred " Tuolumneites, Messrs. Divoll, Colby and others carried their flag to deserved victory; and Art herself, in the shape of Mr. Sears' carica- tures, immortalized the progress of the case and the prin- cipal actors therein.
While still the case was pending, and the contestants were gathering up their forces for victory, Mr. E. A. Rodgers, a very prominent lawyer, resident of Sonora, School Director, and ex-District Attorney, then acting as counsel for the Bonanza Mine owners, was the victim of a midnight assassin, who, on the evening of September 20, waylaid him near his residence, and fired a shot, which, striking its human target, entered the back to the right of the spinal column, and, passing around the ribs, came out in front. The wound, deemed mortal at first, fortunately did not prove so, a few weeks sufficing to restore the gen- tleman to his accustomed tasks. The identity of the as- sailant has not so far been established.
On the preceding evening, the safe in which the County funds were kept, situated in the livery stable of McLean, Kelly & Co., was robbed, by parties who have ever since remained unknown, of the sum of six thousand eight hun- dred dollars in coin. As bound, under his duties as County Treasurer, Mr. McLean subsequently made good this sum to the County, out of his own pocket, assuming the new burden in a manner so quiet and unostentatious as to win the sympathy and praise of all.
Finally, this account arrives at the last great sensation which Tuolumne has known:
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HISTORY OF TUOLUMNE COUNTY.
The Bergel Murder.
Frank P. Gilkey came to Sonora on Saturday, December 17, 1881, and gave information that William Bergel, an old man of sixty years, was lying murderel in the rear of his wayside inn, two miles east of Sonora on the Summersville road.
Coroner Van Harlingen and others immediately pro- ceeded to the indicated place and found the tidings true, the body of Bergel encircled with a rope confining the arms to the side, passing also around the neck. In the neck was a knife wound, and the head crushed in, and a bullet wound in the temple, showed how life had passed away. Circumstances showed that the murder had been done for purposes of robbery, Bergel being popularly sup- posed to have large sums of money buried, or otherwise hidden, in and about the grounds.
Within a short time of suspense, during which a popular feeling of anxiety ran high, the efficient officers Sheriff Yancey and Deputy Sheriff McQuade obtained information which led to the arrest of Frank Gilkey, the young man who first gave information of the tragedy, and Tobias Rich -. ards, who, it will be remembered, was one of the parties to the killing of Sloan a few years past. Besides these men, two others have, up to the time of writing, been arrested for complicity in the affair, but their guilt not appearing they have been discharged.
The trial of Gilkey and Richards, important as the occa - sion was, and attracting much attention, besides the con- viction of the accused, left also the pleasanter feeling that the legal talent of Sonora is indeed worthy of comparison with that of the earlier times, when Bar- ber, Greenwood, Moore, Dorsey, and other legal practi- tioners, formed a group of men unexcelled in their
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profession, and who have left us as a legacy to the student and to the reader of this day the accounts of the greatest forensic triumphs, the shrewdest counsel and the deepest learning.
Stage Robberies.
There are, and always have been, two directions in which the criminal instincts of felons have most betrayed them- selves, among the Southern Mines. Of these, murder is the most deplorable and most prominent, while robbing of stages by professional or amateur highwaymen has always maintained itself as second in the catalogue of crime.
With almost infinite trouble and labor, the circumstances of nearly every stage robbery that has taken place in the county, at dates recent enough to render them of interest, have been gathered and are here presented. There were two robberies in the olden times which merit remark; one of them that of the stage of Adams & Co., at Brown's Flat, when twenty-five thousand dollars was taken, has been previously mentioned. The other was the theft of sixty thousand dollars from the Big Oak Flat stage, but con- cerning which no reliable particulars can now be gathered.
On November 6, 1874, the stages of Shine, and Miller & Co., were stopped by six highwaymen while on the road from Sonora to Milton, between the latter place and Salt Spring Valley, and the latter stage was relieved of the Chinese Camp, and Big Oak Flat express boxes. The amount they contained was not made public.
On March 23, 1875, the mail stage was robbed near Rey- nolds' Ferry by three masked men. The passengers, eight in number, were unmolested, though some of them made offers of their money, but the treasure box of Wells, Fargo & Co. was taken, its contents being valued at six thousand dollars.
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July 26 of the same year the same stage was again stopped at Reynolds' Ferry hill by a single footpad. There were ten passengers on board, but in spite of this circum- stance, the robber, with his little shotgun, took the treas- ure, amounting to one hundred and sixty dollars. Follow- ing Shine's stage came McLean & Gardiner's private stage, which was stopped, but allowed soon to proceed.
The Chinese Camp stage was stopped December 1, 1875, in this county, two miles from the Union bridge, across the Stanislaus river. The driver, J. Gibbons, being alone, had to give up the treasure box without resistance. The " agent " gained six hundred dollars by this haul.
An unsuccessful attempt was made to rob the Milton stage on November 15, 1876, by three masked men, who had stationed themselves near the flume between Brown's Flat and Columbia; but John Shine, the driver, disobeying their commands to halt, drove on at full speed, thus foiling the robbers, who could only display their disappointment by firing at the rear of the stage.
When February 24, 1877, came around, the mail stage was again robbed at Reynolds' Ferry by one masked robber of the heavy villain order, who obtained the treasure box, together with a small sum of money, which he took from Mr. Milo Hoadley, of San Francisco. His enjoyment of the fruits of his enterprise was but short, however, as he was captured within a day or two.
Three men robbed the unlucky mail stage again, near Copperopolis, Sam. Smith driving, and divided the spoils, amounting to eight hundred dollars.
On the 16th of January, 1878, the same stage was stopped by three men, at a place on the Brown's Flat road one and a half miles from Sonora. Mr. Shine was the driver on this occasion, and Messrs. Caleb Dorsey, J. H. Condit and J. G. Divoll were passengers. The amount taken was
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somewhat over five thousand dollars. For the crime Pedro Ybarra, Richard Bolter and J. Thayer were arrested, and by the following May, Ybarra was sentenced to imprison- ment for life; Thayer received eight years, while Bolter was set free in consideration of his turning State's evidence.
On November 7, 1881, the robbery of the Milton stage was again reported. This time it took place about four miles beyond Tuttletown, near the Garibaldi mine. Four masked men appeared and commanded Stringham, the driver, to halt, when they broke open two wooden express boxes and the iron safe of Wells, Fargo & Co., taking the contents, amounting to about three thousand dollars, in addition to which they secured five hundred dollars from a passenger, Mr. Mundorff, of Sonora.
The latter robbers were captured through the exertions of the Sheriff and Deputy of Tuolumne county, aided by the Express Company, and upon conviction William A Miller and William A. Miner were each sentenced to twenty-five years in State Prison, while their accomplice, James Crum, received twelve years.
On the 3d of February, 1882, the last robbery took place. This was of the Chinese Camp stage, the amount taken being less than three hundred dollars. The highwaymen leaving this region, were followed by officer McQuade, but without success, until they were taken by the Express Com- pany's detective in San Benito county. The men, both old convicts, gave their names as Frank H. Rolfe and Joseph Hampton. Tried and found guilty, they were sentenced by Judge Rooney, Rolfe to imprisonment for life, Hamp- ton to five years' confinement.
This closes the tale of stage robberies, if we except the account of the unfortunate fellow who stopped Stringham last Spring for three long hours, while he labored with a dull hatchet to cut open the iron express box, then to be
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compelled to give it up as a too difficult job, and finally, to find himself in prison for five years for the offense.
Railroad.
The first mention of the probable advent of a railroad into the southern mines appears in the Columbia Gazette and the Sonora Herald in the year 1852, when the announcement was hailed with enthusiasm, and Sonora, the emporium, was looked upon as the prospective termi- nus of a railway connecting these mountains with San Francisco.
Subsequently, other times of disquiet or discontentment with the existing means of transit have given rise to rail- way talk. These periods of agitation have occurred at rather regular intervals of time, averaging from four to six years, and have been characterized by a large amount of talk, much newspaper discussion, and deluded hopes.
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