USA > California > Tuolumne County > A history of Tuolumne County, California : compiled from the most authentic records > Part 5
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The company erected a wing dam, by which means they took out sixteen thousand dollars, in fifteen days, from two small holes, sunk to the bed-rock, and to keep these clear from water, twenty-eight men were employed in pumping.
Abandoning work for the rainy season, they increased the number of shares to one hundred, and resumed their at-
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HISTORY OF TUOLUMNE COUNTY.
1
tempts in the summer of 1851. This year they deepened the race and built a dam of logs, locked together, and supported by other logs pinned to them at right angles, with'a 'backing of stone and dirt. This form of dam has always been found to give better results, as to its efficiency and durability, in withstanding the severe floods of winter, than stone structures, being also less difficult and costly of construction. The above-mentioned dam, which occupied only seven weeks in its construction, replaced a stone structure which was eight months in building.
The Directors of the company were Messrs. Sayres, Sweet, Pitts, Barber, McKey, Stoddard, Hazen, Francis Hull, Murphy, Reynolds, Fletcher and Jenkinson.
Hawkins' Bar, situated on the Tuolumne, below Jack- sonville, was the site of the first river-bed workings on the Tuolumne. Its name was derived from one Hawkins, who kept a trading tent, the first in the place. In April, 1849, there were fifteen or twenty miners working on the banks, with pans and rockers, in the primitive mode of mining. By September of the same year, the population had in- creased to seven hundred men, who, at the first legislative election, cast five hundred votes. The hillsides were cov- ered with tents, and all the bustle characteristic of some old market town was exhibited. Large operations were commenced, but the rise of the water interfered disas- trously with them, as had been the case at Jacksonville. Consequent upon this, large numbers left the camp, while the remainder gave themselves to the digging of an im- mense canal for the complete drainage of the bar in the coming season. Again fortune frowned upon their efforts, for in the summer of 1850 a sudden rise of the water drove out of their respective claims the various companies, who had just commenced to extract gold. At that time the number of miners was six hundred. By the next year the
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HISTORY OF TUOLUMNE COUNTY.
number had dwindled to one hundred and fifty, with per- haps one hundred on the opposite side of the river, and half as many more scattered along the river, from Red Mountain Bar to Swett's Bar. The latter worked either alone, or with two or three in company. The average daily product of these river miners, in the year 1851, was stated at eight dollars per day.
Of the claims at Hawkins''Bar, that of Captain Lutter was worked by coffer damming, as was also that of Arm- strong. These two claims employed fourteen men. The McAvoy Company consisted of sixty men, who, for a time, averaged twenty dollars per day each. The original com- pany, consisting of one hundred and thirteen men, known as the Hawkins' Bar Company, after two years of persist- ent efforts, finally abandoned their attempts to work the bed of the river by damming.
Nearly the same was the experience at the several camp of Stevens' Bar, Indian, Texas, Morgan's, Don Pedro's Rogers', Swett's, and many other "Bars" on the Tuolumne. In the beginning of November, 1849, the Swett's Bar Com- pany, composed of seventy members, commenced oper- ations by cutting a race, concluding their work just as the rise of the waters took place and caused an abandonment for the season of their contemplated works. Such misfor- tunes have almost invariably befallen the river miners, but have never disheartened them.
On the 10th of August, 1850, the same company, then reduced to sixty men, resumed their labors, widening their race to twelve feet width at bottom. After fifty-nine days, they had completed the dam, only to have it washed away the same evening. Rebuilding it, it was again washed away, and the men laid aside their task for the year, it being then too late to effect anything.
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HISTORY OF TUOLUMNE COUNTY.
In August, 1851, resuming work, the company, now con- sisting of but twenty-seven men, in a few weeks had com- pleted a dam, which enabled them to engage in taking out gold, which they did at the rate of an ounce per day to the man, and continuing for some time very successfully.
The "Stony Point" Company abandoned their work under the pressure of difficulties, but another company, consisting of thirteen members, calling themselves the "Rum Blossom" Company, achieved a considerable reward .
The population of Swett's Bar was estimated, in 1851, at one hundred and thirty men.
Big Oak Flat, situated on the south side of the Tuolumne River, was first located and the diggings opened by James Savage, a white man, who had acquired influence over a large number of Digger Indians, whose labor he utilized in his mines, paying them with provisions, blankets, etc., and also protecting them-or pretending to protect them-from the encroachments of other whites.
In the summer of that year a considerable number of Mexican and American miners settled here, forming the camps of Big Oak Flat and First, and Second Garrote. The origin of the name Garrote is traced to the fact that a Mexican who was convicted of stealing, suffered death by hanging, at the hands of his countrymen, whence the word. An interesting portion of the history of these camps is the account of a fracas between the Indians and whites, which was brought about in the following way: a Texan whose name was Rose, was one day at the Indian camp, when words were exchanged between him and the chief, "" Lo- tario," ending in the fatal stabbing of the latter. The In- dians present immediately killed Rose, by shooting him with arrows. The whites in the neighborhood rushed to arms, and without inquiring into the cause of the trouble, attacked the natives with firearms, killing two and wound-
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HISTORY OF TUOLUMNE COUNTY ..
ing several. This fracas resulted in the destruction of all relations between the whites and the aborigines for a con- siderable time. The red men were finally pacified, how- ever, through the exertions of Mr. Savage.
The placers in the vicinity of the Flat have always been favorably regarded, but a drawback from the scarcity of water always exercised a prejudicial effect. About 1855, however, a ditch was commenced by some enterprising in- dividuals for the purpose of bringing water from the South Fork of the Tuolumne, which should enable the placers in the vicinity of Big Oak Flat, the two Garrotes, Spring Gulch, Big Creek, Copps' Creek, and other neighboring localities, to be worked. About eighteen miles of this ditch were completed, and considerable work done on the remainder, when its further progress was stayed, owing to pecuniary difficulties. Arrangements were made afterward to enable the work to proceed, and it was in part com- pleted.
The next important matter of general interest that took place subsequent to the tax troubles heretofore narrated, was the memorable riot at Holden's Garden. This fight, though typical of the difficulties relating to rights of pos- sessors of mining claims, caused undue excitement in So- nora, and furnishes an instructive bit of history, whose interest time has not abated.
In February, 1851, several mining companies of miners along the edge of Mr. Joshua Holden's garden, now the time-honored title of the low land lying above and to the north of the present City Waterworks, and bordering on Woods' Creek, the search for gold having proved success- ful, the various parties entered into an agreement to re- imburse the proprietor of the soil for all damages accruing to the ground and the growing crops. After Mr. Holden's departure for San Francisco, a short time afterward, the
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HISTORY OF TUOLUMNE COUNTY.
Washington Company commenced encroaching upon the more valuable portions of the garden, in the course of their work finding considerable quantities of gold, to secure which they laid off an extensive mining claim.
On Mr. Holden's return, he proposed an arrangement by which he was to receive compensation for the additional damage to crops, etc., but at a meeting of those interested, at which the miners, but not Mr. Holden, were present, opposition was made to paying any damages whatever, and the meeting was broken up without any action on that point. On the following day a personal collision occurred between Mr. Holden and two of the members of the Washington Company, at which a number of bystanders, mostly gam- blers and roughs, resisted, by the exhibition of pistols, the attempts of other individuals of that company to assist their fellow-members. By this interference, the gambling community became unwittingly identified with Mr. Holden's cause, a fact that proved of the greatest detriment to that gentleman subsequently.
Later in the day, this portion of the gambling fraternity, fourteen in number, "jumped" a portion of the ground claimed by the Washington Company, and prepared to hold it at all hazards. Whether or not Mr. Holden was a party to this action is not at all clear. It is highly prob- able, from the circumstances, that he was; but his standing as a business man and his well known character, would seem to contradict that theory. The Sonora Herald, the only paper published at the time, by the tenor of its remarks, would indicate that he had nothing to do with it; but the prevailing opinion was strongly against him, as will be seen in the conclusion of this narrative.
Being invited to go upon the ground to observe the boundaries of the Washington Company's claim, Mr. Hol- den accepted, but delayed going until the next morning.
----
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HISTORY OF TUOLUMNE COUNTY.
In the meantime the jumping party organized, armed them- selves, and determined to hold their claim at all hazards. Proceeding to the ground, against the advice of Mr. Hol- den, they found there all the members of the Washington Company, prepared with firearms to receive them, but keeping quietly at work in their ditch. The aggressors arranged themselves on a hill, perhaps a hundred yards distant.
Major Barry (the celebrated Justice) was an eye-witness, and to him the following account is due. He said: "About eight o'clock in the morning I went to the garden, having understood that a difficulty was expected between two com- panies, each contending for rights in the same claim. When I had approached within about thirty feet of the. claim I heard a shout behind, and, turning round, I saw a company of men, all armed, about three hundred yards off. One young man, named Alexander Saloschen, was running towards the Garden Company [ Washington Company], with his rifle, against the remonstrances of his own party, who shouted to him not to shoot. As he came within hailing distance of me, I told him to go back, and he did so for a short distance, but turning again, he ran and fired on the Garden Company, which was quickly returned with a volley. All the arms on both sides were fired off, amount- ing, it is supposed, to from sixty to seventy-five shots. Only one man was killed -named Leven Davis. The young man who commenced the attack was slightly wounded in the cheek. Of the Garden Company, three were wounded, but not dangerously. Thus the matter rested for a mo- ment. The Garden Company shortly after held a meeting and appointed a committee to draft resolutions. I was called upon to address the assembly, which by this time amounted to about five or six hundred, and there was the most profound order and attention. They then adjourned,
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HISTORY OF TUOLUMNE COUNTY.
to meet again at three o'clock, at which time they convened, and all passed off in good order. An arrest was issued from my office, as Justice of the Peace, and handed to the High Sheriff, to bring up the originators of the riot. Sev- eral persons were brought in, but not a witness appeared on the part of the State; and so, of course, there was no action. Mr. Holden was exculpated from all participation or blame, he himself having invited the most rigid investi- gation."
In this affray Leven Davis, a young man on the side of the gamblers, was shot in the head, dying immediately. The gambler, Saloschen, who fired the first shot and re- ceived a slight wound in the face, was a former partner of Labetoure, a well known French resident, previously men- tioned. At a later date he resided in Stockton, which place became too hot to hold him, in consequence of an unpro- voked attack upon a citizen. After leaving that city, all traces of him were lost.
Of the men belonging to the Washington Company, whom Justice Barry described as " wounded, but not dan- gerously," two died of their wounds; showing that the gentleman was misinformed as to their true condition.
Immediately upon the above events taking place, the re- port spread that the gamblers of Sonora had taken up arms against the miners. The excitement spread, and the sur- rounding camps poured out their population toward Sonora, as the invariable habit was, and the mass-meeting, a pecu- liarity of the times, was promptly held, at which Major Solomon, afterward Sheriff, presided, and Caleb Dorsey, known to all Tuolumneites, was Secretary. Resolutions, of course, were adopted. They read as follows:
" WHEREAS: An outrage of the grossest nature has been perpetrated upon the miners of Sonora, Wood's Creek, Shaw's Flat and vicinity, while in the peaceable pursuit of
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HISTORY OF TUOLUMNE COUNTY.
an honest livelihood, by a party of cut-throats and gam- blers, headed by one Joshua Holden, and residing in So- nora; therefore,
"Resolved, That the said Holden be immediately arrested and tried by the civil authorities of the county.
"Resolved, That all those persons who were engaged in making the unprovoked attack, on the morning of the 13th of March, are, in the opinion of this meeting, guilty of at- tempt at premeditated murder; and to prevent the occur- rence of like scenes again, we demand the immediate arrest and trial of said persons-the cases to be tried and sub- mitted as in the above resolution.
" Resolved, That in the event of any future aggression by the same individual, or his abettors, we pledge ourselves to rid this region of their presence.
"Resolved, That this meeting pledge their sacred honor to carry out these resolutions, and to render their assistance, if necessary, in apprehending the various parties; also to prevent the use of firearms in determining disputes in fu- ture.
"Resolved, That these resolutions be published in the Sonora Herald."
The paper from which the above report is taken proceeds as follows:
" We have endeavored to give a plain statement gathered from parties on both sides. All who read it will, we think, exculpate the Washington Company, and also Mr. Holden, except so far as the mode of redress taken by him on the preceding day for the insulting language said to have been used. There was the civil law, and, as we think, he should have tried its efficacy. But that difficulty was afterward settled between him and the two men. What rankled in the breasts of the American miners was, that pistols should have been drawn upon them. They do not like such pro-
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HISTORY OF TUOLUMNE COUNTY.
ceedings, and the day has come when they will put them down. It has been customary for some men to browbeat all with whom they come in contact. If anything is said or done that does not please them, a six-shooter is forth- with presented. The miners and the sober citizens will tolerate this no longer. Never was a more foolish or more culpable act committed, than that of going armed to take possession of a disputed claim. An arbitrator or a jury can decide disputes, and good American citizens will here- after compel the substitution of such tribunals in the place of Bowie-knives and Colt's revolvers."
In consequence of the expressed opinion concerning the innocence of Mr. Holden, the editors published the defama- tory resolutions without endorsement.
In the Spring of 1851 occurred also two notorious mur- ders, which, though not noticeable for any peculiarity or for the standing of the parties concerned, still strongly at- tracted public attention and they were matters of com- mon talk for a considerable length of time. The murders alluded to were that of Tyndal Newby by A. J. Fuller, and George Palmer by John Thornley, The former case occurred at Smith's Flat, and on the trial, which took place in March, the following circumstances were elicited :
Fuller and his victim were partners in mining, at the Flat. For awhile they lived together in harmony, but a difficulty arose in relation to Fuller's taking some of the partnership funds to gamble with. Later, the quarrel was augmented by a dispute concerning the possession of a fly- tent. Finally, these troubles culminated in a fist-fight, Fuller being decidedlg worsted. Being thrown, he yet re- tained his hold on his stronger partner, who, in order to release himself, threw hot coals and ashes in his opponent's face as he lay upon him. Both arose, and Fuller procuring
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HISTORY OF TUOLUMNE COUNTY.
his rifle, shot at Newby, who was retreating, and gave him a mortal wound.
The principal witnesses in this trial were Messrs. Callo- way, Staples and Carey. The District Attorney, J. K. Sha- fer, in conjunction with Mr. Irving, of San Francisco, were of the side of the prosecution, while John M. Huntington and E. C. Marshall, partners in law, and both prominent lawyers, acted for the defense. Their exertions were suc- cessful to such a degree that, in spite of a plain case of murder being made out, the jury brought in a verdict of manslaughter, and fixed the penalty at nine months' im- prisonment and a fine of one hundred dollars ! This result is ascribed to the powerful argument of Mr. Marshall.
The latter gentleman would seem to have had abilities of no common order, added to a rough but effective manner, that made him peculiarly adapted to the situations in which he found himself placed. It is of him that " Cosmorama,'' (Captain Tom Stoddart), the able correspondent of a Tuolumne newspaper, related this incident :
" The first assemblage for political purposes occurred at Lytton's Exchange, Sonora. The chairman, General L. A. Besancon, explained the object of the meeting, and urged an immediate organization of the Democratic party.
" Up to this time there had been no decided advantage in either the Democratic or Whig parties, both seeming actu- ated by the same spirit of apathy ; but a circumstance was about to occur by which the political proclivities of the miners of Tuolumne were to be unmistakably marked. Mr. Edward Marshall, brother of the celebrated Tom Mar- shall, of Kentucky, having come forward, and as he pre- faced his remarks by saying he was glad to appear before the assemblage as a Democrat, having been born and raised on good Democratic soil, the Whigs who were present showed a disposition to hiss down his speech and disturb
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HISTORY OF TUOLUMNE COUNTY.
the meeting. This raised the high-spirited Kentuckian, and he paused for an instant, then throwing open his coat, he commenced such a burst of eloquence and determina- tion as completely overawed his opponents. His exact words were : 'I have been in larger crowds than this, and a great deal more dangerous.' Throwing off his coat so as to expose his revolver, he added : ' And by God's will, I am going to make a Democratic speech.' The Democrats present cheered, and those who were on the fence going over to the Democrats, the Whigs were completely in the minority in Tuolumne county." This incident occurred in 1850.
No great excitement was occasioned by the murder just described, nor were there attempts made at lynching the prisoner. There had been a notable change in the feeling regarding such matters taking place, and this change was becoming more marked. The action of vigilance commit- tees and lynch law proceedings were less favorably looked upon, and when in 1851 a man named Thomas Jones was given fifty lashes on the bare back, with the added igno- miny of being branded on the hip, and half his head shaved, public feeling took sides with the culprit, and his alleged offense-horse-stealing-although looked upon as a grave crime in those days, was thought to have been too severely expiated.
Juries evidently partook of this feeling of leniency toward accused parties, for although ridiculously light had been Fuller's sentence for the murder of his partner, yet it was reserved for another jury to overstrain the quality of mercy and set free as cold-blooded and outrageous a mur- derer as had thus far added to the dark records of assassin- ation.
George Palmer, a native of New York, and a miner by . profession, was eating his supper at the " Arkansas Hotel," in the northern part of Sonora, when John Thornley, other-
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ISTORY OF TUOLUMNE COUNTY.
wise called Wilson, a man of bad character, already the slayer of one man, entered the hotel, and approaching Pal- mer, revolver in hand, ordered him from the house. Palmer, begging him not to shoot, acquiesced, and leaving the hotel walked a dozen paces, when Thornley fired two shots at him, the second of which inflicted a death wound.
The murderer fled, and, aided by a dark night, made his escape to Green Springs, the next day proceeding to Hawkins' Bar, but came back to Green Springs within a day or two, and was there taken by Sheriff Work and Deputy Sheriff Vyse, and lodged in jail at Sonora. As soon as it became known that he had been captured, a people's meeting was held and a feeble attempt made to get possession of the prisoner ; but as the attempt extended no farther than demanding him of the Sheriff, it was necessarily unsuccessful. Meanwhile the culprit was taken before Judge Tuttle, and his examination commenced. Six Deputy Constables, Messrs. Warren, Miller, Wood- worth, Alexander, Pierson and Denman, were appointed to aid the Sheriff to maintain strict order. The conclusion reached, the prisoner was committed to jail to await his trial by the District Court.
The Herald, describing these occurrences, laments the insecure condition of the county jail at that time, a fear that proved well founded, for the miscreant broke jail shortly after, and escaped to Los Angeles. After several months he was recaptured, brought back to Sonora, tried and acquitted !
The Holden's Garden Chispa.
The next event possessing historical interest that is found to occur in the records of Tuolumne was the discovery of an enormous lump of gold. The Sonora Herald, of May 3, 1851, spoke as follows concerning it:
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HISTORY OF TUOLUMNE COUNTY.
" The largest lump of gold that has yet been found was taken from Holden's Garden last Saturday evening- weighing 28 pounds and 4 ounces, lacking 15 grains. It is mixed with quartz, but the gold is estimated at 20 pounds. As yet it has not been accurately weighed in water, and so we can not exactly state the relative proportions of gold and quartz. Mr. Peter Mehen offered four thousand five hundred dollars for the lump, at sight, but his offer was not accepted. The fortunate party consisted of eight men, and are known under the name of " Wheaton Company." This was the first party that undertook to work the spot known as Holden's Garden, some two months since, their claim being at the foot of the quartz mountain. Between them and Mr. Holden there has ever been, we believe, the most amicable feelings, and there is probably no person in town who is better pleased than Mr. Holden to hear that the company have been so successful. From the first they have been taking out gold by the pounds. Frequently their day's work has amounted to five pounds. For a week or two, however, the yield has been comparatively small, and some of the members, accustomed to heavy strikes, were beginning to be discouraged. Two of the original party sold out to Mr. Rounds and Mr. Gore, who entered the company just in time to share the glory and the profits of the big lump. The names of the present members are, Edward E. Wheaton, from Baltimore; Hiram T. Fuller, Vermont; W. J. Harris, Maine; Jesse Allen and John M. Lockwood, New York City; John R. Valleau, Natchez, Mis- sissippi; A. Gore, Alabama; and Spafford F. Rounds, Up- per Canada. A more industrious, moral, intelligent, and in every way worthy company can not probably be found in California. It always gives pleasure to hear of the suc- cess of such men; and such are the men who, in the main, are bound to be successful in this country. After telling
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HISTORY OF TUOLUMNE COUNTY.
about the big lump, it may appear rather insignificant to add that the same company took out two pounds of fine gold the same day. We mention this circumstance simply to guard Atlantic editors against the mistake into which some of them have fallen in supposing that all the gold is in big lumps, and that they are as common here as paving stones on Long Island."
The Barry Papers.
Thus far this history has dealt solely with the leading facts relating to the progress of the various mining camps contained within the present limits of Tuolumne. It is considered proper here to introduce references and al- lusions to such of the less important, but possibly as inter- esting, phases of pioneer existence as will throw light upon the inner life of the people who delved here for gold. This section, then, will include such matters as have come down to the present, more or less perfectly authenticated, and bearing directly upon affairs with which all are acquainted whose memories run back through the three decades that separate the placid present from the energetic past.
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