An illustrated history of Sacramento County, California : containing a history of Sacramento County from the earliest period of its occupancy to the present time, together with glimpses of its prospective future portraits of some of its most eminent men, and biographical mention of many of its pioneers and also prominent citizens of today, Part 10

Author: Davis, Winfield J., 1851- 4n
Publication date: 1890
Publisher: Chicago : Lewis Pub. Co.
Number of Pages: 916

USA > California > Sacramento County > An illustrated history of Sacramento County, California : containing a history of Sacramento County from the earliest period of its occupancy to the present time, together with glimpses of its prospective future portraits of some of its most eminent men, and biographical mention of many of its pioneers and also prominent citizens of today > Part 10

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the speech was to hoot those few, and to express, in most unmistakable terms, their nonconcur- rence with the marshal.

The . privilege of letting the prisoner have a lawyer was proposed and voted down. After a few further attempts at speech-making, and en- deavors by the marshal to preserve the prisoner, the deafening yells of 2,500 or more people goaded on the leaders to a determined effort to execute Lynch law. The jury was quite delib- erate, while the crowd was impatient. Com- mittees were sent to the jury to hurry them up. They reported that the jury were acting fairly, but needed the protection of the people to keep the lawyers out, as they (the jury) could elicit the testimony themselves. Simple facts did not require legal gloss. The lawyers were ordered out, and staid out.

As Myers was not yet quite dead, Tweed un- dertook to make a point temporarily in the pris- oner's favor; but it was useless against the cries of, " But he will die, and you know it; the doc- tors say so, and so will the other man!" One stentorian voice, ringing above the rest, shouted, "Yes; the murder was deliberate and cold- blooded. The murderer has made a widow and four orphans. Blood for blood! . He must die! Let those who are in favor of hanging him say Aye!" The whole street reverberated with the sound of the Ayes.

Dr. Taylor hoped every man present was armed. If so, he wanted a picked body to go with him and take the prisoner; " if we have him in our custody we will know where he is." A large portion of the crowd stepped forward, but were stopped by a cry that the verdict had been rendered, which was read from the Orleans balcony at 8 P. M. amid perfect silence, as fol- lows:

We, the committee of investigation appointed by our fellow-citizens to investigate the circum- stances of the unfortunate occurrence that took place this afternoon, report that after a full and impartial examination of the evidence we find that at about 2 o'clock P. M. this day, Frederick J. Roe and some other person, whose name is unknown, were engaged in an altercation which

HISTORY OF SACRAMENTO COUNTY.

originated in the Mansion House; and that after said parties had proceeded to the street, and where they were fighting, Charles H. Myers, who was passing in the street, interfered with words requesting them to desist fighting or show fair play; and that immediately there- upon the said Roe called out, " What the devil have you to say?" and drew his pistol and with- out further provocation shot said Myers through the head.

JOHN II. SCRANTON, JOHN T. BAILEY,

W. F. PRETTYMAN,

EDW. CRONIN,

J. B. STARR,

D. O. MILLS,

H. G. LANGLEY,

F. B. CORNWALL,

GEORGE G. WRIGHT,

A. M. WINN,

HARRISON OLMSTEAD, L. HERMANCE.

The above signers composed the entire jury, except Dr. Spalding, who, after participating for some time, withdrew in consequence of what he considered the undue influence of the people's committee sent to the jury. As soon as the verdict was read there was a general stampede for the station-house; and there Dr. Taylor, who had urged immediate action from the first, stated that he had visited the prisoner and found him penitent; and he thought the murder was with- out malice or deliberation and he hoped a com- mittee would be appointed to guard the prisoner until the next day, when a course of action might be determined. The Doctor was hooted and hissed off. A. D. Rightinire said the ver- dict had been rendered, and he now considered it the duty of all good citizens to see it carried out; he was ready, for his part; and he was thereupon appointed marshal, by acclamation.

About 9 o'clock awning posts were pulled up and made into battering rams, with which the door of the station-house was assaulted, and under the blows from which it soon yielded. Deputy Sheriff Harris stood in the door-way, with a small posse in his rear, and held the place for some time, both by remonstrances and threats to fire; but the impatient multitude crowded those in front up against the door, and through it, against IIarris and his aids, pushing them over and taking them prisoners. Roe was chained in an inner cell, and there was consid- erable difficulty in getting him unshackled; but

as soon as that was accomplished he was in- formed that he was to be hanged forthwith, on one of the large oak trees that then stood on Sixth street, between K and L. A large por- tion of the crowd immediately rushed to the point, but a sufficient number remained to guard the escort of the prisoner. Arriving at the tragical spot, where a staging had been erected for the purpose, they placed the prisoner upon it, tied his hands and feet and sent for Rev. M. C. Briggs. Through this man, Roe said to the public that he committed the deed in a fit of passion, and had nothing more to say in self- defense; that he was an Englishman by birth, was twenty years of age, and had a mother and sister then living in the old country. After the minister had performed his duties, a rope con- taining a slip noose was placed around the pris- oner's neck, the other end thrown over one of the limbs of the tree, and this was seized by a multitude of strong hands, which launched the prisoner into eternity, in the presence of an estimated assemblage of 5,000 people. Myers, however, was not dead at the time the prisoner was executed.

On July 9, 1851, William B. Robinson, James Gibson and John Thompson knocked down and robbed James Wilson on L street, between Fourth and Fifth, in broad daylight. They were seen and arrested, and before 4 o'clock P. M. more than 1,000 men surrounded the jail. Violent speeches were made, and a crowd organ- ized by electing a president and secretary. A jury was impaneled, but it could not agree; and it was decided that the parties should be indicted and tried on the following Monday, when a special term of court would meet. The court met at that time; but, to give the counsel for the defense time to prepare, it continued the case one weck. . The prisoners were tried sepa- rately. On Tuesday Robinson was found guilty by the jury, and his punishment, death, was also designated by them. On the 16th Gibson was likewise convicted, and on the 18th Thomp- son also. Under the first statutes of this State the crimes of robbery and grand larceny, as well

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HISTORY OF SACRAMENTO COUNTY.

as murder, were punishable by death, in the discretion of the jury. July 21st Judge Willis sentenced all three to be hanged Angust 22d; and accordingly Gibson and Thompson were ex- ecuted that day, on an old sycamore tree at Sixth and O streets; but Robinson was first re- prieved by the Governor and afterward hanged at the same place by the people.

On the night of Sunday, February 20, 1853, John Carroll, alias " Bootjack," was murdered on the levee near Tenth and B streets. He was one of a gang of thieves, and was killed by his associates, who suspected that he was a traitor to them. One of the parties arrested for the murder, William Dunham, turned State's evidence, and Jack Thompson, Barney Ackerman and Charles Stewart were tried, con- victed, and sentenced to be hung. A gallows was erected about three or four hundred paces east of Sutter's Fort, on an open plain, where every person was afforded an excellent oppor- tunity to witness the execution; and on the 29th of April, 1853, the men were hanged. Thomp- son was aged twenty-five, Stewart twenty, and Ackerman nineteen.

Ah Chung, a Chinaman, was executed be- tween J and K streets, just below Sutter's Fort, May 9, 1856, for the murder of one of his country-women, named Ah Lei, February 8, 1856. The execution was public and was wit- nessed by a large number. The culprit claimed the murdered woman to be his wife and ac- cused her of infidelity.

Samuel L. Garrett was hung near Sutter's Fort, June 27, 1856, for the murder of Amiel Brickell, at the Golden Eagle Hotel, April 26, 1855. Brickell had had some difficulty with Garrett relative to the daughter of the former, whom the latter was accused of having seduced, and it ended in Garrett fatally shooting Brickell. On the 20th of November following he was tried for the murder before Judge Monson and convicted. He was sentenced to be executed January 9, 1856, but an appeal was taken to the Supreme Court, and May 5 the judgment of the court below was sustained and the convict

was again sentenced to death, which sentence was executed. Garrett a native of Pennsylvania, born in 1833, was married to Miss Harriet L. Brickell, the daughter of the murdered man, by Justice C. C. Jenks on the prison brig the Sunday before the execution, in the presence of a large assembly. She attempted suicide by tak- ing poison a day or two before he was hanged.

William S. Kelly was executed at the same moment, for the murder of Daniel C. Howe, at Lake Valley, El Dorado County. On the night of July 10, 1855, Mickey Free, George Wilson and this Kelly went into the cabin of Howe and Ruggles, traders, for the purpose of robbery. Free shot Howe dead, and Wilson shot Ruggles with a long rifle, but did not kill him. Rug- gles turned his side to them after receiving the wonnd and asked them to kill him, when Free said he would accommodate him and stabbed him several times with a bowie-knife. After Ruggles was dead Wilson declared that Kelly must have a hand in the murder also, and forced him to ent the throat of the murdered man. This is the version given by the erimi- nal himself.

Free was executed October 26, 1855, at Co- loma, and in his confession substantiated Kelly's statement. Wilson was the principal witness against Kelly, and testified that Kelly cut Rug- gles's throat before the latter was dead. Kelly got a change of venue in November, 1855, to this county, and was tried and convicted before Judge Monson, December 20, 1855. The usual motions, in arrest of judgment, a new trial, etc., were made and overruled, and an appeal taken to the Supreme Court, but the judgment of the Lower Court was sustained and the orig- inal sentence was executed.

Peter Lundberg, who murdered John Peter Ritz, was executed in the water-works building April 13, 1860. He was at work for a man named Palm, and between his employer and Ritz there was an entity, whichi grew out of a dispute concerning some money which the latter owed the former, and did not pay on account of failure in business. Lundberg confessed that

HISTORY OF SACRAMENTO COUNTY.

he was induced to commit the murder, and Mrs. Palm was arrested for the murder, but acquitted. One dark night Ritz walked out to call on a friend above the old gas-works, and when returning, about 9 o'clock, was shot dead. The officers suspected that Palm com- mitted the deed, and officer Burke went to Palm's house. Mrs. Pahn was there alone. Burke turned down the light and waited. In a short time Lundberg arrived, and the muddy appearance of his clothes, etc., cansed the officer to suspect him, and he was arrested.

The case of William Wells, in 1860, was an extraordinary one. It seems that an old man named Matthias Wetzel had been murdered and robbed of a large amount of jewelry and pre- cions stones some time during that year. Wells had been arrested for this murder at Virginia City, Nevada, some of the spoils found in his possession, and was on his way from that place to Sacramento in charge of Deputy Sheriff Wharton, of Sutter County, and George Arm- strong, a mountaineer of Virginia City. July 25 they left Marysville for this city. The stage reached Nicolaus with all safe on board and was about to continne the trip when Wharton went to the driver, Whipple, and told him that the driver of the up-stage, Whitney, reported that the morning stage from Marysville had been met on Lisle's bridge by a posse of mnen who had the appearance of a rescuing mob. Whipple drove into town without his passen- gers, and reported to the police officers the state of affairs, and that Wharton expected assistance, and would wait until the officers came. Officer Deal and Whipple returned to Nicolaus, where they learned that Wharton had engaged a wagon, and a man named W. C. Stoddard to attend them; and that they had left Nicolaus at 10 P. M. by the river road, for the purpose of avoid- ing the supposed mob. At about 1:30 A. M. they arrived at a point about half a mile from Swift's bridge at the month of the American River. At this time Stoddard was driving, with Wharton sitting on the seat beside hin. Behind them, on the bottom of the wagon box, 2

sat Wells; and stretched ont on the bottom lay Armstrong fast asleep. Stoddard remarked to Wharton, "We are near to Sacramento; you had better wake Armstrong np." As Wharton turned to do so, Wells shot him in his right side, which had the effect of knocking him off' the seat among the horses. The next instant Stoddard was shot and instantly killed; and a third discharge rendered Armstrong help- less. By this time Wharton had disengaged himself and fired on Wells, who was retreating and returned the fire, striking Wharton in the thigh.

It appears that Wells felt entirely safe for a time, as he coolly started toward town, then went down to the river, took a row-boat and rowed back to the scene of the tragedy, where he robbed Armstrong of the money and jewelry stolen from Wetzel. Armstrong died that day, and Wharton the next.

Wells evidently had taken the key to his handcuffs from Armstrong's pocket, and, after freeing his wrists, had snatched Armstrong's revolver from his belt and used it as above de- scribed. For several years he was reported as having been seen, sometimes in one State, some- times in another. March 1, 1866, the officers brought a man whom they had arrested in Idaho, to Sacramento, under the impression that he was Wells; but it proved to be Donald McDonald, and he was released, and afterward presented with 8600, by vote of the Legislature, to compensate him for loss of time and damage to reputation. The last we hear of Wells is in a letter received by the Union, from a man in Idaho, in which we are informed that Wells was killed in Washington Territory in 1864, by one of the party with whom he was traveling. But the theory generally accepted among the- officers of Sacramento is that Wells did not dis- engage himself from the irons, and in attempt- ing to swim the Sacramento River was drowned. lle had been known as a man of low character, frequently arrested for petty larceny, and as a lounger at Wetzel's saloon.

Lonis Kahl was executed at the old water-

HISTORY OF SACRAMENTO COUNTY.

works building, November 29, 1861, for the murder of Catherine Gerken. On the night of January 4 preceding, the murdered woman was found at her residence on L street, near Second, at about midnight, strangled in her room. The deed had been committed evidently for the pur- pose of robbery. On the afternoon of the fol- lowing day, Officer Frank Hardy, with the aid of a convict called "Jimmy from Town," ar- rested Kahl at the Father Rhine house, on J street, opposite the Plaza. The watch of the murdered woman was found on his person, and he gave no very satisfactory account of it. He was tried, convicted and sentenced to be exe- ented. His case was taken to the Supreme Court, and sent back to the District Court with directions to carry out the original sentence. He was a native of Germany, and twenty-three years of age.

William Williams was hung May 20, 1864, for the murder of A. Blanchard. Williams was born in Wales in 1827, and came to California in 1854, settling in San Joaquin Township, this county, in partnership with Blanchard. They quarreled, had a lawsuit and dissolved partner- ship. Afterward they ranched as neighbors, but continually disagreed. They had a diffi- culty about the ownership of a horse, which was settled in Blanchard's favor. Williams had in his employ a half-witted Englishman, named Joe Blake. On the night of August 3, 1860, Blanchard was returning home from Sacra- mento, when Williams and Blake lay in wait for him in a ditch. Williams had a pick- handle, and Blake a wagon-spoke. Next day Blanchard was found dead, with his head terri- bly mutilated. For this Williams was arrested, convicted, and hanged in the extreme outskirts of Washington, abont a quarter of a mile from the river.

George Nelson Symonds was hung in the old water-works building, December 4, 1863, for the murder of B. F. Russell, on the night of July 11, 1860, near Benson's Ferry. Symonds and Monroe Crozier were arrested for a robbery committed in Placer County, immediately after

the murder, and before it was known that it had been committed. On the 12th of July they crossed the ferry with four horses, saddled and bridled. Their clothing was wet and their appearance suspicions. When arrested for the robbery they had a valise containing bloody clothing, a stencil plate with the naine of B. F. Russell on it, and other articles of the murdered man.

In October, 1860, Symonds turned State's evidence in the robbery case. Crozier soon after escaped, and on the night of October - two bodies were found in the sloughi near the ferry, which had evidently been murdered several months previous and sunk. They were discovered when the water in the slough dried np, and proved to be those of Russell and Seli- zer, who had early in the season started for the Coso mines. The trial of Symonds, who was brought down from Placer after the bodies were found, commenced March 9, 1861, before Judge McKune. He was convicted, and sentenced to be hung May 10. The Supreme Court granted him a new trial, and it commenced June 2, 1862, and on the 6th he was again convicted, and sentenced to be hung July 25. The case was again taken to the Supreme Court, and on September 18 the judgment of the District Court was affirmed, and he was sentenced for the third time.

Frank Hudson, a Corporal in Company I, Second Cavalry, was executed at Camp Union (Agricultural Park), June 16, 1865, for the murder of Lientenant Daniel Webster Lever- good, at Camp Bidwell, Butte County, on the 14th of April. Levergood had ordered Hudson on a double quick in the afternoon, for drunken- ness, and at 9 o'clock in the evening the officer was shot, and died in two days. He was cer- tain that Hudson shot him, and as the latter at once deserted, the evidence was very strong. He was captured, tried by court-martial, brought here and hanged.

On the evening of June 17, 1870, a man named "Tip" McLanghlin shot and killed Charles Lundholm, bar-keeper of the Railroad

HISTORY OF SACRAMENTO COUNTY.

Exchange Saloon. The alleged cause was that Lundholm had written some slanderous articles about a relative of Mclaughlin's, which was published in a disreputable sheet called the Ma- zeppa. McLanghlin was indicted. The regular venire of jurors was soon exhausted, and a second one drawn, which, singularly enough, was almost entirely composed of the prisoner's friends. The prosecution exhausted all of their peremp- tory challenges and were obliged to go to trial. As expected, the jury failed to agree, and after being ont three days were discharged, though defendant objected. Shortly afterward, defend- ant's counsel applied for bail, which was refused by Judge Ramage. A writ of habeas corpus was issued by the Supreme Court providing for bail, which was granted in the sum of $10,000, the court holding that the fact of a disagreement of the jury indicated grave doubt about the of- fense being murder in the first degree. The second trial was held in October, and the jury gave a verdict of murder in the first degree. Defendant's counsel gave notice of a motion for a new trial. The judge then adjourned court until 9 o'clock the next morning. McLangh- lin was not given in charge of the sheriff, and walked out of the court-house. During the evening he was seen at several places in town, but did not appear for sentence the next morn- ing, and was next heard of in South America, where he died a few years ago. Judge Ramage held that the order of the Supreme Court ad- mitting MeLaughlin to bail and the bail bond provided for the appearance of the defendant for judgment and the execution thereof, and that by issuing an order to take MeLaughlin into custody, he would be placed in contempt. The case became subject of much comment.

Charles Mortimer, whose true name was Charles J. Flinn, was executed in the Sacra- mento County jail-yard, May 15, 1873, for the murder of Mary Gibson.

On the morning of September 20, 1872, the citizens were startled by the announcement that Mary Gibson had been brutally murdered at her saloon and residence on "Jib-boom " street-

now extinct-or near the Station-house on Front street. IIer body was found in a rear room with her face badly lacerated by a blow from a broken tumbler, and her throat cut with a knife. A glass of beer was found which by analysis was ascertained to contain strychnine. The house had been ransacked, and it was believed that several hundred dollars in coin had been stolen. The hand of the dead woman grasped a portion of a man's whiskers, evidently torn from the face of her murderer in the death struggle. Officers Harris and Dole, having seen Mortimer drunk the evening before, suspected that he might be the murderer. Carrie Spencer, a com- panion of Mortimer, was arrested on suspicion, and Mortimer himself was soon afterward ar- rested. An examination of their room revealed the fact that the suspected parties had posses- sion of several of Mrs. Gibson's dresses. In Mortimer's pocket was found a paper of strych- nine. Altogether, the clues of the identity of Mortimer were as definite as could be desired.

During the progress of the trial it was found that he had killed one Caroline Prenel in San Francisco, in May previous. He was convicted of murder in the first degree, and afterward he prepared a confession at length, which he gave to S. C. Denson and Cameron H. King, his at- torneys, as the only means within his power to compensate them for their legal services in his defense. In this confession the convicted man admitted having murdered both Mrs. Gibson and Caroline Prenel; but, as is natural, he im- plicated Carrie more than himself. According to his confession it seems that he was naturally a very selfish man, willing at any time to prac- tice deception in order to get more than his share.

On the night of April 16 a remarkable at- tempt was made to rescue him from the county jail. The sheriff and deputies had been informed that such an attempt might possibly be made. At 1:30 o'clock the yard bell was rung, and Deputy Sheriff Cross, on going cautiously into the yard, encountered a man with his face masked, without his boots, with his coat turned

HISTORY OF SACRAMENTO COUNTY.

wrong side ont, and with a revolver in his hand. He had scaled the wall with a ladder. He at- tempted to enter the jail and Cross fired at him twice and killed him. It became evident from papers, etc., in his pockets that his name was William J. Flinn, and that he was a resident of Lynn, Massachusetts. Mortimer subsequently acknowledged that this was his brother, and that his own name was Charles J. Flinn. He had left home in 1858, since which time his family had known nothing of his career; but after his arrest here he wrote to his brothers, for the first time, soliciting their financial aid.

An elaborate attempt was made to prove that Mortimer was insane during the past few weeks of his confinement, but without avail. He feigned insanity by staring vacantly at the walls, refusing to speak, brushing away imaginary flies, etc. According to the sentence, the wretched convict was hanged at noon, Friday, May 15, 1873, in the presence of about 150 in- vited spectators. Many more were of course outside the wall desiring admission, among them a number of women. In the execution the fall was immediately fatal, not a quiver of muscle being noticeable.

About midnight of April 7, 1874, the body of John Cruse, a German sailor, was found on Front, near N street. His death had evidently been caused by stabbing. Although there at first appeared to be literally no clue to the iden- tity of the murderers, yet the measures adopted by Chief Karcher and his force were so ener- getic and conclusive that before dark of the day following the police had arrested the culprits and obtained the full particulars of their crime. A month afterward the Grand Jury presented indictments against Domingo Estrada and Filo- mena Cotta for murder in the first degree. May 15 they were arraigned, and pleaded not guilty. I. S. Brown appeared as counsel for Estrada, and James C. Goods, Jo Hamilton and Paschal HI. Coggins for Cotta. June 6 Estrada was convicted with the determination by the jury that the punishment should be death; and July 9 Cotta was similarly convicted. Sentence

upon both was pronounced July 28, and Sep- tember 18 was set for the day of execution. Appeal was taken to the Supreme Court, execu- tion stayed, and on final hearing the men were sentenced to be hanged February 19, 1875. Friends industriously circulated petitions to Governor Booth for a commutation of sentence, but without avail, although they were signed by many prominent men. The sentence was ac- cordingly executed, in the presence of 200 in- vited citizens. For more than two hours previous to the moment fixed for the hanging, the houses and trees in the vicinity of the jail yard were filled with men and boys hoping to witness the final scenes. Two days previously, Estrada's mother, on hearing that he was to be executed so soon, fainted, and raved all the succeeding night, being quieted only by the use of chloro- form; was in a comatose state all the next day, and subsequently had several fainting spells. Estrada's death seemed to be a painful one, as he had convulsive movements or an active pulse for twelve minutes after the fall; and Cotta's pulse continued fifteen minutes.

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Author: Davis, Winfield J., 1851- 4n Publication date: 1890 Publisher: Chicago : Lewis Pub. Co. Number of Pages: 916

Author: Davis, Winfield J., 1851- 4n
Publication date: 1890
Publisher: Chicago : Lewis Pub. Co.
Number of Pages: 916