USA > California > Tuolumne County > A history of Tuolumne County, California : compiled from the most authentic records > Part 6
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Among the mementoes of the "flush times " that have by tradition been handed down to the present time, are the famous "Barry Papers," which composed the docket of Justice R. C. Barry. The original docket can not at this time be found, although strenuous efforts to do so have been made by the compilers of this volume. It has most likely been destroyed in some of the numerous fires that have devastated Sonora, or, if still in existence, it doubtless lies hidden in some forgotten nook. Its contents included the following indorsements on the papers in Coroner's in- quests held by Barry, in his capacity of Justice and eu officio Coroner:
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[No. 1.] "Wm. Doff, who was murdered with Buck, Oc- tober 20, 1850, one mile from office. There was $13 found on body of deceased, which I handed over to J. M. Hun- tington, Public Administrator. Nothing more found to be his.
R. C. BARRY, Justice Peace. Coroner Protem.
(No clue to murderers.)"
[No. 2.] " Michael Burk, Oct. 20, 1850; murdered one mile from town. No effects found on deceased.
R. C. BARRY, Justice Peace. Coroner Protem."
[No. 3.] " George Williams, Oct. 22, 1850, cut his throat with a razor. No property whatever.
R. C. BARRY, Justice Peace. Acting Coroner."
[No. 4.] "Dr. James Say, Oct. 28, 1850; it was rumored that deceased was poisoned, but, upon a post mortem ex- amination, Dr. Bradshaw found that he died of disease of the hart. No property whatever except about $50, which was appropriated to burying the Body.
R. C. BARRY, Justice Peace. Acting Coroner."
[No. 15.] " Wm. Bowen, June 26, 1851. Bowen was hung by the mob at Curtises Creek, for killing A. Boggs. No property found belonging to deceased. The law has never discovered the hangmen. Warrants issued for Hogg and others. No evidence to bind over, after much exam- ination. Justice's fees, $10.
R. C. BARRY, Justice Peace. Acting Coroner."
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[No. 8.] "James Haden, Feb. 25, 1851, was found mur- dered in Washington street, by some sharp instrument, late at night. No property. No clue to the purpetrater. R. C. BARRY, Justice Peace. Acting Coroner."
[No. 9.] " Leven Davis, March 13, 1851, was killed by a rifle shot fired from Holden's Garden, in a Jumping Claim Row.
R. C. BARRY, Justice Peace. Acting Coroner."
[No. 10.] " Wm. A. Bowen, April 2, 1851, was found murdered back of Washington street, ner Holden's. Was cut to death with a knife. No clue to the purpetrater. R. C. BARRY, Justice Peace.
Acting Coroner."
This reference is to a case described thus, in the Herald of that time:
" About two o'clock on Monday morning a young man named William Bowen, from Providence, Rhode Island, was stabbed with a sword or knife, and died near daybreak. He appeared to be about 22 or 23 years of age. His name, together with an anchor, were pricked in Indian ink on his arm. It has not been discovered who committed the deed, but it may be traced to his own folly. As far as we can learn, he was flourishing a sword in a Spanish house just behind Justice Barry's office, where men were drunk and women were dancing, at a late hour of the night. The place, the company, and the hour, were all against him; and we trust the unhappy result will be a warning to others. Major Barry held an inquest, and learned the above par- ticulars, which he has kindly furnished."
[No. 16.] " Inquest upon body of William Clark, July 16, 1851, was found dead in his bed, about a mile north of this
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office, in a tent, under suspitious surcomstances, but was found on examination to of died sudenly a natural death by disease of the heart and lungs; no property but an old tent and a few little cooking and keeping fixtures-appro- priated them to burying the body. R. C. BERRY,
Justice Peace, acting Coroner."
No. 17. " William Ford, July 28, 1851, was shot and killed by a young man called Stud-Horse Bob-was con- sidered justifiable; no property found with him, but had some means in the hands of Major Holden, who adminis- tered. Arrested him and examined the case-no fault found, Justice's fees $10."
Copy of a summons issued by Justice Barry in an action for restitution of property and damages:
" STATE OF CALIFORNIA, 1 County of Tuolumne. S
To the Sheriff or any Constable of the aifresaid county, greeting: You are hereby commanded to summons Maberry and Street to appear before me on the eighth day of no- vember A. D. 1851 at the hour of nine o'clock to answer to complaint filed in this court by D. T. Donnaeld where in he charges them with a nucense by putting a privy on a lot which they have jumped belonging to Pltff as a possessor right, he now comes to claim his rights as an American Cittizen by claiming a writ to dispossess them and to have restitution according to law, with appropriate damages for the impossission now about to be carried out against him by such high-handed and mercenary arrogance on the part of the aforesaid acused. R. C. BARRY."
" Sonora City, Nov. 5, 1851."
On one occasion, a two-days' trial was held in which the State prosecuted a Mexican named Barretta for theft. Most of the legal profession then in Sonora were engaged
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on one side or the other, and at the end Justice Barry de- livered in writing the following decision, certainly unpar- alleled in the annals of law :
" STATE OF CALIFORNIA, County of Tuolumne. S
" Having investigated the case wherein - Berretta has been charged by an old Mexican Woman named Maria. Toja with having abstracted a box of money which was burried in the ground, jointly belonging to herself and daughter, and carrying it or the contents away from her dwelling, and appropriating the same to his own use and benifet, the suppossed amount being over too hundred dollars ; but failing to prove positively that it contained over twenty and that proven by testimony of his owne wit- ness and by his owne acknowledgment, the case being so at variance with the common dictates of humanity, and having bean done under very painful surcumstances when the young woman was about to close her existance, the day before she died, and her aged mother at the same time lying on her bead of sickness, unable to rise and get a morsel of food for herself and he at the time presenting himself, as an angel of releaf to the poor and destitute sick when twenty poor dollars might have releaved the emediate necessitys of the poor, enfeabled sick, and desti- tute old woman far from home and friends. Calls imperi- tively for a severe rebuke and repremand for sutch inhu- man and almost impresedented conduct, as also the neces- sity of binding him over to the Court of Sessions in the sum of $500.00. . R. C. BARRY, Justice Peace."
The foregoing extracts are beyond a doubt authentic. There have been published at various times, however, within the last twenty-five years, passages claiming to be taken from this celebrated docket, but which subjected to
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careful scrutiny, are seen to bear internal evidence of spuriousness. Such paragraphs have proved entertaining reading, but it has been the aim in preparing this work to omit everything of which the slightest probability of falsity exists.
It has been remarked that the duties and powers of the early Justices were extensive and ill-defined. The sub- joined proclamation will serve to indicate the variety of these powers :
" All persons having stray horses, mules, etc., will come before the Justice of the Peace and report the same, or be dealt with according to law. R. C. BARRY, J. P.
" Sonora, June 9, 1850.
"N. B .- Any person knowing of stray animals in the hands of any person, will do well to report at this office.
R. C. B."
" All persons are forbid firing off guns or pistols within the limits of this town, under penalty ; and under no plea will it hereafter be submitted to ; therefore a derogation from this notice will be dealt with according to the strict- est rigor of the law so applying, as a misdemeanor, and a disturbance of the peaceful citizens of Sonora.
"June 9, 1850.
R. C. BARRY, J. P."
Major Barry retired in 1852 from the Justiceship, giving place to H. G. Platt and C. M. Radcliffe. Subsequently he sent in a bill for office expenses, etc., connected with his term of office, amounting to three thousand, two hun- dred and one dollars, which the Supervisors evidently con- sidered extortionate, even for those " flush times," for the bill was cut down to six hundred dollars, and only then allowed after much discussion.
Also peculiar, but in a less degree, was the eccentric Judge Jenkins, who officiated as Justice of the Peace in
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HISTORY OF TUOLUMNE COUNTY.
Sonora during a portion of the year 1853. Of this gentle- man these incidents have been related:
A man by the name of Jewell entered the American Hotel in Sonora, kept by Charles Ashton, and engaged in a dispute with the proprietor. The latter attacked him with a knife, evidently intending to cut his head off, but only succeeded in inflicting several gashes across his throat, none of which were of a serious character. Both were taken before Judge Jenkins, who, after hearing the evidence, pronounced judgment as follows: "Charley, I have to fine you ten dollars and half the costs; and as for you, Jewell, you're a disgrace to any community, and I fine you ten dollars and the other half!"
Complaint, it is said, was once entered before Judge Jenkins by a young lady against a young man, on a some- what delicate subject. It was, in short, a charge of seduc- tion ; to which the learned Judge gave the greatest atten- tion, but finally dismissed the case, on the ground that it was done in self defense!
Herald Announcements.
The announcement was made in May, 1851, that the cen- sus of the county had been nearly completed, and that the total population would prove to be between eighteen and twenty thousand.
In the same paper from which the announcement is ta- ken, there is a description of an unique flagstaff. It stood in the rear of the United States Hotel, and was a tall and straight pine tree which had been cleared of its limbs, in order to avoid the danger of its blowing over. Its height, one hundred and thirty-five feet, was such as to make the
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HISTORY OF TUOLUMNE COUNTY.
flag at its top visible at Shaw's Flat on one side, and Campo Seco on the other.
Further down the column, Mr. Brown, agent for Rey- nolds & Co., is credited with saying that the mines were doing gloriously ; and that the amount shipped through that house for the week past had been eighteen thousand four hundred and seventy dollars.
Mr. Holden, it said, would in a few days, have a line of safe and comfortable stages on the road to Stockton, to run daily and to be drawn by fast teams.
With the same issue, the Herald reduced its subscription price from twenty dollars per annum, to one-half that sum.
The next issue contained accounts of very extensive fires which had occurred in Stockton and San Francisco, which were made the occasion of an uncommon display of energy and enterprise by Messrs. Reynolds & Co., whose' messen- ger, bearing the news, rode up from Stockton to Sonora in nine hours ! A feat unparalleled at that time.
This local notice, referring to a gentleman who after- wards became prominent, also appears:
"JAMES W. COFFROTH .- We were gratified last Friday by a call from a Philadelphia editor, Mr. James W. Coffroth, who for about six years was connected with the Spirit of the Times, and during a part of the same time was one of the editors of the Nineteenth Century. He is a young gentle- man of promising talents and of moral worth; and we are glad he has come to the conclusion to make this State, and this county, his future home."
In another place it casually remarked that Fuller, the convicted murderer of Newby, had broken jail and made his escape from the county. Very little concern was man- ifested at this and similar escapes, it being evidently looked upon as a matter of course, in the then condition of the
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HISTORY OF TUOLUMNE COUNTY.
jail. This is shown in the following number which an- nounces the escape of John Thornley, the slayer of Palmer, who, while awaiting his trial, sawed off his irons and made his escape, being the fourth to do so in less than two weeks.
The senior editor of the Herald described his impressions of a trip to San Francisco in nearly these words :
" Passage was taken on the steamer C. M. Weber. The splendid carpets, lamps, lounges, looking-glasses, etc., made us forget we were in California, it resembled so much the Hudson river boats, The Weber is a new boat, and the largest now running to San Francisco from Stockton."
A year previous he had made a trip in the Captain Sutter, and after paying thirty dollars passage money, had no berth, and not even room to lie upon the floor. The Jenny Lind ran on alternate days with the Sutter, the fare being ten dollars by either steamer. He further remarks that the time occupied by the trip is but twenty-three hours, of which nine and a half hours is taken up by stage travel to Stockton.
About this time (June, 1851) Martin Arnold & Co's stage line was established, making daily trips between Sonora and Stockton, via Knight's Ferry.
Returning from his trip, the editor stated that his errand below was for the purchase of articles for use in the Herald office. Type, he had bought, but unfortunately had not succeeded in finding a press, so that the contemplated en- largement of his paper could not be effected, as the old historical Ramage press was not large enough to print a sheet exceeding the past issues in size. He further com- plained that although the office materials had cost over two thousand dollars, yet it was without many of the articles deemed indispensable under other circumstances. There was, for example, no "imposing stone," and their " composing sticks," as well as a portion of their job type,
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HISTORY OF TUOLUMNE COUNTY.
had been whittled with a jack-knife out of pine planks. The editor promised that should any Atlantic printer come this way, fresh from a well-furnished office, he would give him a free ticket to the exhibition of a model office in the gold regions !
In May, the surprising fact was noted that not a single case of murder or felonious crime had happened in Sonora for a fortnight ! Nor was there, it was asserted, a single case of sickness prevailing.
Murder of Captain Snow.
On Tuesday, June 10, 1851, Captain George W. Snow, a native of Maine, aged thirty-one years, was murdered in Dragoon Gulch, near Shaw's Flat, by three Mexicans or Mexican Indians. The Mexicans had purchased a "long tom " from the Captain, and directed him to call the next morning at their encampment for his pay, this being, as afterwards appeared, but a ruse to secure the presence of their victim, the fact being well-known that he carried a considerable amount of money on his person. On entering their tent the next morning, he was assaulted and stabbed in two places. He hastily left the tent, calling out as he did so, and proceeding some fifteen yards fell from loss of blood. Help arriving, he was conveyed to his own quar- ters, where he died at the midnight following.
It was discovered that the murderers had dug a grave in their cabin to receive the body of their victim, concealing the cavity from view with a rawhide and a blanket, and removing the dirt so as to avoid suspicion.
Perhaps a more cold-blooded, premeditated, and cruel murder was never chronicled. The perpetrators had been in the employ of Captain Snow for a considerable time.
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HISTORY OF TUOLUMNE COUNTY.
Immediately on the commission of the deed, the neighbor- ing miners turned out to search for the villains, but with- out success, although every exertion was made and a re- ward of one thousand dollars was offered to secure their apprehension, and it was not until the following Sunday that two of the three were found in Sonora and arrested.
Meanwhile the funeral of the deceased took place, being attended by a large concourse of friends, who had been won by the murdered man's many excellent qualities and exemplary conduct.
Immediately on their arrest, the two suspected men, Antonio Cruz and Patricio Janori, were removed by their captors to Shaw's Flat, there to be tried by a People's Court. Of them, Antonio was quite young, and small of stature ; the other was athletic, large, and with a visage marred by the worst of passions.
A court was organized by appointing T. P. McDonald as Judge, Major Solomon as Marshal, Noah Smith as Clerk, Van Praag as Interpreter, Mr. Dorsey as Attorney for the People, and Mr. Heath as Prisoner's Counsel. The juries were then selected, one for each case, and the trial pro- ceeded in what is described as a fair and impartial manner, and which certainly recalled nothing of the fearful violence and frenzy of other similar assemblages. Although every opportunity was given the accused to establish their inno- cence, the evidence was overwhelmingly against them, proving their complicity in the crime beyond a doubt. The deposition of the deceased showed that Antonio was at the table, pretending to weigh out the gold, at the time when the others stabbed him. Witnesses were sent for from Pine Log to prove for the accused that they had been there at the time the murder was committed ; but there was nothing in the story of one to show their ab- sence, while the other was looked upon as an accomplice,
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HISTORY OF TUOLUMNE COUNTY.
and would have been lynched himself had he not made his escape in good time.
The verdicts of both juries were unanimous, and both prisoners were pronounced guilty. The Court then ad- journed, leaving the disposition of the prisoners to the assembled multitude. By them it was put to vote, and the decision was to hang the murderers forthwith, at the pre- cise spot where they had committed their crime, and to bury them in the grave they had dug for their victim ! Swift and terrible retribution, this, and promptly and un- flinchingly carried out.
After an hour, granted in order that a priest might ad- minister the solemn rites of his office, ropes were adjusted about their necks and they were swung off.
Before their execution, the younger man made a partial confession, acknowledging that he knew the murder was to be committed, but denying complicity in it. He also said that his companions had been concerned in the murder of three other Americans, of which they had escaped suspi- cion.
Lynching of Jim Hill.
Scarcely had the excitement occasioned by the above oc- currences died away than another event of still greater moment happened to disturb the serenity of existence. This event was the hanging of a horse-thief by a mob, pre- ceded by his forcible rescue from Sheriff Work. More than one man whom the future events of history was to make famous participated in this affair, and the circum- stances beside, lend a sombre interest that must always keep it fresh in the minds of all to whom the history of the Southern Mines is familiar.
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HISTORY OF TUOLUMNE COUNTY.
Jim Hill, a man of well known bad character, accompan- ied by others of the same stripe, entered a store at Campo Seco and drew his pistol, presenting it at the head of the proprietor, while his companions removed the iron safe with its contents. Going to Sonora a few days later, he entered a house, and meeting a man, a stranger to him, he snatched the latter's pistol from his belt and struck him with it, and then fired it at him. The man, frightened, ran from the house and gave the alarm, upon which the Sheriff arrived and found Hill concealed under a bed, from whence he was removed to the jail. It was in a Spanish house of ill-fame that this occurred, and the keeper was supposed to be an accomplice. In the morning following, a dozen men, among them respectable citizens of Sonora, went to the jail, and took from it, and from the hands of the lawfully constituted officers, without resistance or threats, the pris- oner, whom they removed to Campo Seco, there to stand his trial for the robbery of the store. It was characteristic of the times that a unanimous verdict of " guilty " should be rendered, and this without delay or the intervention of useless legal forms, abhorred at that date. It was equally a matter of course that the prisoner, accused of robbery, should meet the punishment due for the greater crime of murder.
After six o'clock Hill was led forth to die. Addressing the crowd, he said some words describing his life as one of crime, and warning others against following his course. He said he had robbed, but denied that he had ever shed blood. He then threw himself on the mercy of the people.
The question was then put, " Shall he be hung ?" A large number shouted " Aye," but an equally loud shout was raised in the negative. Immediately hundreds drew their pistols, and a universal stampede resulted. Horse- men rode frantically through and over the crowd, and men
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HISTORY OF TUOLUMNE COUNTY.
ran for life in all directions. Order restored, several per- sons addressed the crowd in favor of or against the hang- ing, until at length Sheriff Work arrived, unattended, and asked to be heard. Speaking, he pledged his own life that if the prisoner was delivered into the hands of the civil authorities he should be forthcoming at the next session of the District Court. His words were responded to by cries of "Thornley!" "Thornley!"' (alluding to the murderer of Palmer, who had broken jail). In the excitement Hill was thrust into a carriage, which the supporters of law and order had provided, and it was driven off hastily toward Sonora, carrying the prisoner, Sheriff Work, and another person, and being accompanied by several men on horse- back. The mob, divided against itself, did not put in execution any sure means of regaining control of the pris- oner, and the little cavalcade reached Sonora in very quick time. But short as the time that was occupied in travers- ing the few miles separating Sonora from Campo Seco, it had been long enough to enable the would-be lynchers, gathered in the latter place, to notify the people of Sonora of the failure of their plans, and to admit of a crowd being collected there by means of a gong, which was carried through the streets by E. Linoberg and L. D. F. Edwards. Gathering at the sound of the instrument, in front of Hol- den's store, the assemblage was addressed by Mr. Edwards, who, in an effective speech, referred to the numerous escapes of prisoners from the county jail, and ended by proposing to take the expected malefactor as soon as he arrived with Work, and hang him. There was not a dis- senting voice.
The crowd then prepared with weapons, to meet the Sheriff and prisoner at the entrance to the city. They speedily arrived, the attendant horsemen, as well as the Sheriff, with their weapons drawn. But of no avail was
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the show of arms. Following the wagon as it proceeded onward in the darkness, the crowd prepared to stop their , progress, when the team collided with a post, and Work, together with the prisoner, sprang out and ran at a rapid pace for the jail, plunging through the arroya, while the pursuers refrained from firing in the fear of injuring those of their friends in front, all shouting, " Stop him in front, but don't shoot," while the Sheriff and his few remaining supporters charged into the crowd that encircled the jail and fought his way, step by step, until the door was reached. On the steps, six-shooter in hand, stood Colonel Cheatham. He cried, " Let the man go, George, or I'll shoot." Work was seized and overpowered. Separated from him, the prisoner made no resistance. In fifteen minutes he was hanging by the neck on an oak tree behind the El Dorado Hotel, in the vicinity of the jail.
The Vigilance Committee.
It is a common error to confound the acts of extempor- ized mobs, such as that concerned in the striking scenes last alluded to, with the more methodical acts of the Vigi- lance Committee. This organization was not concerned in any of the more important attempts at Lynch law up to the middle of the year 1851. Consequent upon the success of the Vigilantes of San Francisco in dealing out justice at a time when the whole city, and even the State, seemed at the mercy of the criminal classes, a "Committee" modeled on that of the Bay City was formed in nearly every town in the mining regions. Subsequently, nearly all acts of popu- lar vengeance were ascribed to these formidable organiza- tions, but not always correctly.
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HISTORY OF TUOLUMNE COUNTY.
The formation of the first regularly organized and per- manent Vigilance Committee in Tuolumne County took place in Sonora, Sunday noon, June 29, 1851. The imme- diate occasion was the attempt to burn the town, by some persons unknown. The attempt was unsuccessful, owing to the early discovery of the fire; but the recent terrible conflagrations in San Francisco and Stockton had so acted on the feelings of the Sonorans that an organization, simi- lar in all respects to those of the larger cities, was effected. It was composed of the most orderly and respectable citi- zens, and the quality of zeal was certainly evidenced in the prosecution of its labors. For the first fortnight of its existence it administered upon six cases brought to its at- tention. An American thief was hunted up and banished from the Southern Mines, under penalty of death in case of return. A Frenchman, detected in passing counterfeit coin, was also banished. A Mexican, caught in the act of stealing, was whipped with twenty-five lashes on the bare back. Two other Mexicans-counterfeiters-were also given twenty-five lashes each. The sixth, a Mexican horse- thief, proved to have been a consummate villain, received the heavier sentence of one hundred lashes, his head was partially shaved, and he was banished, under penalty of death if returning. Later in the year, owing to the greater efficiency of the courts, the Committee executed but few judgments upon criminals, but among these few were two that are recorded. In the first of these, the criminal, an ex-convict from Sydney, arrested on suspicion of stealing a mule, received seventy-five lashes, had his head shaved, and was banished from the mines. A Mexican, for stealing a pistol, was sentenced to receive fifty lashes, a shaved head, and banishment from the mines.
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