USA > California > A picture of pioneer times in California, illustrated with anecdotes and stores taken from real life > Part 4
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61
29
PIONEER TIMES IN CALIFORNIA.
tles in this war of subjugation the " Annals " are silent on; but they were all of the same insignificant character. In connection with them there were many ludicrous instances, which, if I had space to relate, would enable one to enjoy a hearty laugh. The desire of all who have heretofore written of this California war to manufacture something grand and imposing out of its con- duct has prevented the unvarnished truth from ever finding its way into print. If the history of this war was faithfully written out, it would give us a most amusing as well as interesting vol- ume. In such a volume should appear Colonel Fremont's cap- ture of San Rafael. In the report of the War Department, the capture of this town figures as one of the great exploits of mod- ern times. The truth was about as follows: Colonel Fremont had collected a handful of followers on a hill not far from the old Mission of San Rafael. He wished to make the Mission his headquarters; so, with a drum and fife, he marched his forces and took possession of the main buildings of the Mission, meet- ing with no resistance whatever. At this time there was no resident priest at the Mission, and only a few straggling Cali- fornians, who called it their home. These withdrew on Fre- mont's appearance; there were just two white inen residents- Don Timothy Murphy, an old Irishman, who had been on this coast for many years, and old man Black, an American, also an old-time pioneer. These two friends were found by Colonel Fremont's men seated on the porch of the old Mission building playing old-sledge. They had a jug of whisky between them, and the winner of each game had a right to take a drink, while the other had to remain dry. The victorious army of Fremont at once confiscated the whisky in the name of the United States. It is said that Murphy and Black, up to the time of their deaths, never forgave Fremont for this act of lawlessness in his men, and always declared their intention of having him court-martialed. If the reader will compare this true account with the official ac- count given of the capture of San Rafael, it will give a good idea of what the war of the conquest of California really was. The " Annals " say that "most of the California forces were cavalry." As a matter of course, every Californian rode a mustang, and a man who would agree to go to the field of battle on foot would have been deemed crazy and no soldier at all, for there was nothing the Californians felt a more soldierly pride in than the celerity of their retreats. In this sort of military movement
30
PIONEER TIMES IN CALIFORNIA.
they seldom lost a man. They had the " finest horses in the world," and were truly " the finest cavalry in the world," for just that one military movement. That the Californians should excel in this great act of war is not surprising, when we consider with what perseverance they practiced it, from the first day Wm. B. Ide raised the Bear Flag in Sonoma to the closing scene of the war south of Los Angeles. When the " Annals " talk of " flying artillery " and " the country bristling with lances," and "masked batteries," and the like, of course it is to be under- stood in a poetical sense, for they had no existence, except in the brains of the authors of the " Annals."
CHAPTER IV.
CONDITIONS WHICH MADE THE CONQUEST OF CALIFORNIA AN EASY ONE-THE MURDER OF FOSTER-THE TELL-TALE REVOLVER-THE VAQUERO'S STORY- CAPTURE OF MARIANA - HIS EXAMINATION - SUBSEQUENT ESCAPE-MR. BREEN'S STORY-THE OLD WOMAN AND THE DYING MAN-MR. BREEN AND THE MAN-THE MEXICAN'S CONFESSION-THE MURDER OF ILIS AFFIANCED AND AN AMERICAN-DEATH OF THE CARY BROTHERS-THE MEXICAN'S MUR- DER OF HIS OWN FRIEND-HIS REMORSE-FATHER ANZER'S VISITS-THE BURIAL-OTHER MURDERS.
Besides the miserable plight the Californians found themselves in, for making a successful stand against the Americans, when Stockton began his work of subduing the country, there were other causes which helped the Americans. Nearly all the Mis- sionary Fathers who yet remained in the State were glad to see Mexican rule go down, as they believed their chance for relig- ious freedom was much better under the flag of the United States than under that of Mexico; so they everywhere threw their influence to prevent resistance to the Americans. Then there were several prominent Americans married to daughters of lead- ing Californians, which had a great influence with those families to privately side with the Americans. As a general rule, the California women liked the Americans, and this was no small help towards reconciling the native Californians to their new na- tional connection. However, the good judgment with which our generals treated the Californians wherever they obtained power over them, did more to induce the whole people to quietly acqui- esce in the new order of things, than all the other causes taken together; and it is no vain boast to say that in the history of the world there never was a conquered people so friendly with their conquerors after the contest was ended, as were the native Cali- fornians with the Americans at the close of the war. Their intercourse has ever since been of the most friendly and kindest character. In this remark, of course, I allude to the well edu- cated, intelligent class, who were the governing people under
32
PIONEER TIMES IN CALIFORNIA.
Mexican rule, and not to the low, ignorant, thieving vagabonds, who for years afterwards tormented the country by their villainies and who had not the courage to meet the Americans in fair fight, during the war, while hating them with the bitterest intensity. At the hands of these villains many a lonely traveler met a bloody fate. This was particularly so in the lower or rural counties, along the coast from San Francisco to Los Angeles, where the American population was small and sparse. Two, three, and sometimes five, of these desperate spirits would bind themselves with a solemn oath of fidelity to each other, and of vengeance against all Americans. Their practice was to lie in wait on the most traveled roads to and from San Francisco, and to the other large towns of the State, and rob and murder all who fell unprotected into their hands. But, not satisfied with this slow way of reaching victims worth robbing, they often came to San Francisco, Sacramento, or Stockton; and with cun- ning and adroitness, would seek out some American who had been lucky in the mines, and had, therefore, plenty of "dust." They would then ingratiate themselves into such a man's favor, by obliging him in many small ways, and after gaining his con- fidence, would propose to him some very profitable speculation- generally of buying cattle in the southern part of the State- where they would pretend to know of a band of fine fat cattle, which could be bought for almost a song. The unwary Ameri- can, often and often, fell into this trap. Suspecting no treachery, he would pack up his gold, and trust himself and it to the pre- tended friend, to lead the way to the cheap cattle in the far-off, lonesome south. Months and months would pass before the first suspicion would arise as to the fate of the cattle speculators, who had never returned, and then no one had time to think, or say much, about the circumstance. This was the fate of many a man in '49, '50, and '51. At last, an undefined sort of a feeling of mystery and suspicion spread through the community as to the strange fact that so many Americans who went south for cattle never returned. This aroused an alarm that effectually destroyed all confidence in Californians as guides to the lower country for cattle. In one instance I knew of, the murderers were discovered, though the principal one escaped punishment. I will relate this circumstance from memory; and, as it is a long time ago, I may possibly make some mistakes, but not in the main facts. It was related to me in 1852, by Mr. Riddle, a
33
PIONEER TIMES IN CALIFORNIA.
friend of the murdered man, then living on the Tuolumne river.
Savage and Foster were partners in the cattle business, and lived near Stockton in 1849 and '50. They purchased small bands of cattle, as they could find them, and furnished the butchers of Stockton and the neighboring mining camps with beef cattle, as they might require them. They made money fast in this business.
There was a Mexican, known by the name of Mariana, who lived mostly in Stockton at this time, in the same business. He seemed always to have money at his command, and often joined Savage and Foster in these trips looking up fat cattle, buying little bands on his own account for the Stockton market. He took great pains to ingratiate himself into the good opinion of the American cattle men, and succeeded well. They thought he was one of the very best of men, and were willing to trust him in any way. He had often told them of how cheap cattle could be purchased near Los Angeles, and at length proposed that one of the partners should take a trip with him, and get a large band of cattle at low prices in the lower country. The great profit to be made on such a trip induced them to accede to his proposition. So they collected all the money they could get together, some five or six thousand dollars, and Foster started with Mariana in pursuit of the enterprise, each taking a vaquero with him. Foster's vaquero was an American; Mariana's was a Californian. Savage remained in Stockton, but heard nothing from his partner after his departure. In some two months Mariana came back to Stockton with a fine band of cat- tle. When met by Savage he expressed great astonishment that Foster had not got home. He then went on to say that when they reached Los Angeles, Foster, hearing of a band of cattle further south that were offered very cheap, insisted, contrary to his (Mariana's) advice, in going to see them. So they parted, while he himself went to the rancho they had originally started for, bought his cattle, and started with them up the coast, sup- posing Foster had taken his cattle by the Tulare county way, which would be the shortest for him if he got the cattle he went for. He, therefore, expected to find Foster at home before him. This all seemed plausible enough; so matters rested, and no one had the least suspicion of foul play. No Foster came, however, and all began to give him up, and could not account for his dis- appearance. Savage one day sauntered into Mariana's camp, 3
34
PIONEER TIMES IN CALIFORNIA.
or shanty, as he had often done before, when, to his astonish- ment, he saw lying on the table before Mariana, a beautiful silver mounted revolver belonging to himself, which he had lent Fos- ter the day they parted. This pistol was presented to Savage by a brother of his, and this fact Foster knew, and promised to be very careful of it, and return it safely. A new light flashed on Savage's mind the moment he saw the pistol; but, concealing his feelings, he said, carelessly, as he took up the revolver, " Why, this belonged to Foster." Mariana gave a sudden start; but, instantly recovering himself, he said, " Oh, yes; I gave a big price for it to Foster. I gave him a hundred and fifty dol- lars. It is not worth it, but I took a fancy to it, and he would not sell it for less." " That was a good price for it, sure enough," said Savage, in the same careless voice; and as he spoke he walked out of the shanty. He walked slowly at first, but then quickened his pace, and just as he did so he involuntarily turned half round and looked back at the shanty, and there stood Mariana leaning out of the door, evidently watching him, and as Savage looked back he at once withdrew out of sight. " Ah!" said Savage, " I fear he knows I suspect him, and was watching my motions. I am sorry I walked so fast." Savage now, as quickly as possible, assembled some friends and told them what he had discovered. The majority thought it was best to take the matter slowly, and watch Mariana's movements. In pursuance of this idea, and to quiet any suspicions Mariana might have that he was suspected by Savage, no one went near his camp until late in the afternoon. Two of the party who were on the most friendly terms with Mariana then went to his camp, on the pretence of business, but to their surprise the shanty was locked, and on looking around they found both of Mariana's fine horses gone, and there was a something about the little house that said plainly, "You come too late; I am deserted." They now unhesitatingly broke open the door, and, on entering, found everything in confusion, as if the owner had just selected whatever was of much value and could be conveniently taken away, and abandoned everything else. Then there was great excitement among the Americans, and Savage remembered that the vaquero who was with Mariana at the time he left Stockton with Foster was yet in his employment, and now most likely with his cattle out on the plains a little beyond French Camp. So, five well mounted and well armed men were dispatched to
35
1265959
PIONEER TIMES IN CALIFORNIA.
find the vaquero, and they had some hopes of finding Mariana with him; but some feared that if he had really fled he had taken the vaquero, too; but in this respect they were mistaken, for they found the vaquero. They brought him to Stockton, and, on consultation with all the friends, they determined to try to extort from him a confession. So, placing a rope on his neck, they led him to a lonesome place outside the town, and threw the end of the rope over a limb of a tree, as if about to hang him from it. Up to this time the vaquero remained sullen and stolid in his whole way of acting; but, seeing death so close at hand, he addressed Savage, and asked what they were going to kill him for. Savage told him for helping Mariana to murder Fos- ter and his vaquero. He then said, " I know where you can find Mariana; and, if you do not kill me, I will tell you, and tell you all about Foster and his vaquero." There was now intense excitement to hear the fate of poor Foster and all the Californian had to communicate. So the promise of life was readily given, cautioning the wretch not to tell any lies, for that if he did so they would be sure to detect him, and in that case they would burn him alive. He agreed to these conditions, and said he could prove to them that all he was about to tell them was true. He had been placed standing on an old log, under the tree they were going to hang him from. Now, without asking to have the rope removed from his neck, he slipped down to a sitting posture, the rope still on the limb and yet in the grasp of determined men, who looked as if anxious for the signal that was to launch the poor wretch into eternity. It was a dark night, but one of the party had collected dried branches and lit up a fire, which soon threw its lurid glare over the vigilantes and their prisoner, as, with revolvers in hand, every one of them crowded around him in breathless silence to listen to his statement, which was to reveal the fate of Foster and his vaquero. His story was about as follows:
" At about noon to-day Mariana came to the camp where I was taking care of the cattle, and told me that Savage had seen Foster's pistol, which he had just taken out of his valise for the first time since he got back from the lower country, and that from the way Savage looked and acted, he was satisfied that he suspected him of murdering Foster, and that, on that account, he had made up his mind to leave the country for the present. He then told me that if he never came back, I could have the
36
PIONEER TIMES IN CALIFORNIA.
cattle I was herding for what he owed me, and the shanty and things in it, in Stockton, and then he handed me this bill of sale of everything, so that no one could dispute my title." As the vaquero said this, he drew from his shirt pocket a paper, written in Spanish, and handed it to Savage, and then continued: "Ma- riana then told me that if Savage or any of the Americans asked for him, to deceive them as long as possible, and give out that news had reached him from Mexico of his father's death; and that he had to leave in great haste, but expected to be back in three months. I then asked him for some money, and he told me he was going to San Jose, where nearly all his money was deposited with a friend, and that he would leave three hundred dollars there for me. He then left me, taking the direct road to San Jose, and I believe he has gone there, for I know he usually did keep his money there."
Now the vaquero paused, and seemed almost to choke as he leaned his head forward, with forehead clasped in both hands. Recovering himself in a moment, he proceeded-not, however, until he was reminded of the necessity of doing so by a jerk on the rope, and an angry voice saying, "Now tell us all about Fos- ter and his man."
"The first day we left Stockton," he went on, "we did not go far. We camped about a mile after crossing the ferry on the San Joaquin river, where there was good shade and grass for our animals. After eating our evening meal, Foster and his vaquero lay on the grass asleep, and Mariana and I lay there also; but we did not sleep. After a little Mariana made a signal to me to fol- low him. He led the way into the tules for some distance, until we came to an open spot. Then he threw himself on the ground, and I also sat down. For the first time, I learned from him that he intended to kill the Americans, and take their gold. I did not want to have anything to do with it, and told him so. I said that Foster had always treated me well, and I could not kill him. He swore at me; called me a coward; said it was no harm to kill an American; that they had stolen California from Mexico, and killing one of them was just the same as killing a man in battle. He said that all the gold in this country of right be- longed to the Mexicans, and that it was the duty of every Mexican to kill every American he could, and take all their gold. He said Foster had five thousand dollars in his valise, and that I should have half. So, after awhile, I agreed, and it was settled
37
PIONEER TIMES IN CALIFORNIA.
that Mariana should keep close to Foster that night, and I close to his vaquero, and that, as they slept, Mariana was to give me a signal, and that we were both to strike with our knives at the same moment. I wanted to use our pistols, but Mariana would not agree, because, he said, a cap might miss with either of us, and that, in that case, one or both of us would lose our lives. So it was all arranged, and, after looking at our knives, to see if they were all right and sharp, we returned to the camp. We found Foster sitting up, smoking a cigar. Mariana told him we had been looking for rabbits, but could find none. I thought Foster did not look satisfied, and several times found his eyes on me during the evening, as if he was suspicious. This, and the work we were to do that night, made me tremble with fear. Mariana appeared just the same as always, though he told me afterwards that he observed Foster looking at him very hard once or twice. Night came, and we went to sleep, just as agreed on. Mariana pretended to sleep soundly, and so did I; but we were both wide awake, and we could see that Foster lay awake for a long time. At length sleep seemed to overpower him, though I thought I observed him struggling against it. Mariana now raised to a half sitting position, as was agreed on, and at this signal I was to do the same. Then Mariana was to raise his arm, and I was to do the same, but our hands were to have noth- ing in them. Then we were to lie back in our former position. Then, after waiting a few moments, Mariana was to do just as he had done before, and I was to follow; but this time we were to have our knives in our hands, with the blades concealed from sight in our sleeves. Then we were to lean. forward, each over his man, and Mariana, when ready, was to nod his head twice , and, if I returned his nod the second time, we were both to strike, and follow blow after blow until we were sure they were dead. On this night, I returned all Mariana's signals until it came to the last nod of his head, when to my astonishment I saw the vaquero's eyes wide open, staring at me. Instead of re- turning the nod, I put my hand on my stomach and pretended to be in a cramp. The American was lying with his face to- wards me, and had not seen any of Mariana's signals, nor had he seen the knife in my hand, for it was partly concealed in my sleeve, so he was deceived and believed me, and rose, saying he had some first-rate brandy a friend had given him, and that it would do me good. He brought the flask, and I took a good WITHDRAWN
38
PIONEER TIMES IN CALIFORNIA.
long drink, which restored me to myself, for I shook with fear. He lit a cigar, and before he had finished smoking the day was dawning. As we were watering our horses that morning Mariana stood very near me, and, with his back to me, he said in a low voice, that I could scarcely hear, "We are watched; do not come near me to-day, or speak to me on any pretense; but an- swer my signals to-night just the same as you did last night, and make sure work of it, or our lives are not worth a real." With- out changing his position, or waiting to hear if I had anything to say, he broke into a Spanish song he was in the habit of sing- ing, and when the horses were done drinking, walked to where Foster stood, and commenced a very pleasant conversation with him. At first I made up my mind that I would hang back, and run away where no one was observing me, but all that day I found Mariana's eyes on me, no matter where I turned. I then thought I would pretend to be asleep that night and not see his signals; but just before we camped, Mariana rode up to me, as if to give me an additional riata to stake out my horse with, and as he leaned forward in his saddle to give me the riata, his lips seemed to shrink back from his teeth, giving his face a terribly fierce look, while he whispered, just between his teeth, " If we fail to-night, it will be your fault, and I will not die until I see your bones given to the buzzards to pick." I never saw such a devilish look before on his face, and I felt as if I dare not disobey him. So the night came. We were in the pass in the mountains, and all prepared their places to sleep, as on the preceding night; but now Mariana pretended to have a bad headache, and told us that such turns lasted him generally two days, and begged Foster to remain over one day, if he was not better in the morning, as he could not travel in the hot sun. To this Foster agreed, and the request undoubtedly threw him off his guard, for both he and his vaquero were evi- dently sound asleep. Early in the night Mariana gave the signal. I followed, as if in a dream, and as if I could not disobey. We both struck on his second nod. Mariana's blow went home through Foster's body, and, with one loud moan, he was dead. My arm was weak and trembling, and the blade of my kuife struck against a silver watch in the vaquero's pocket, from which it glanced along the ribs and never entered the vitals. With a bound the vaquero was on his feet, but his pistol and knife were both under his saddle, upon which his head rested for a pillow.
39
PIONEER TIMES IN CALIFORNIA.
He made a dash for them. Catching up the saddle, he flung it into my face, knocking my revolver out of my hand. He grasped his knife and revolver, but just as he raised them up a ball from Mariana's pistol brought him to the ground, and then Mariana's knife did the rest.
We dragged the bodies to a deep, dry arroyo, threw some brush and stuff on them, and, without waiting for daylight, sad- dled up and took all the horses and traps with us. Just after daylight we turned out of the trail, and camped. Here we burned up all the things belonging to the Americans that we did not want, and continued on our journey towards San Jose. There we made a halt, and Mariana told me he left Foster's money with a friend in that town until he should return, as he had enough of his own to purchase what cattle he wanted. He ยท has, from time to time, given me money, but never much; and I have always been afraid he would kill me to get rid of me, and he would have done so, I know, lut for his oath; for he once told me that with three others he took a solemn oath never to spare an American whose life he could take without discovery, and never, on any account, to take the life of a Mexican."
When the vaquero finished this terrible story, the crowd with- drew for consultation, and it was decided that four or five should prepare themselves and take the vaquero to the scene of the murder, and that another party should mount the best horses to be found in Stockton, and ride with all possible speed, that very night, for San Jose. The vaquero agreed to act as guide to the spot where poor Foster and his vaquero met their bloody fate. On reaching there, the remains of the Americans were found in the arroyo, as described by the vaquero. On returning to Stockton the vaquero was placed in jail until news should be received from San Jose. When the party which had gone to capture Mariana came within a few miles of San Jose they camped on the Coyote creek and waited for night to close in. In the darkness of evening they rode at full speed into the town and made directly for a Spanish gambling-house. In this way, before any one knew of their approach, they had surrounded the gambling-table in this establishment, and were not disappointed in finding Mariana; for there he sat, deeply interested in a ga in which he had just ventured some hundreds of dollars. They soon made known their business; and, without resistance, marched Mariana off. Some of the party wanted to take him at
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.