USA > California > Lassen County > Fairfield's pioneer history of Lassen County, California; containing everything that can be learned about it from the beginning of the world to the year of Our Lord 1870 Also much of the pioneer history of the state of Nevada the biographies of Governor Isaac N. Roop and Peter Lassen and many stories of Indian warfare never before published > Part 36
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this does not account for all the Indians killed. Many of them must have remained hidden on the battle ground which extended over an area of possibly three square miles and which contained many gullies and quantities of sage brush.
After the battle was over a corporal was called by a comrade as he was coming down the side of the mountain. He went to him and found him trying to stop the blood that was flowing from the wounds of an Indian mother. Beside her lay an infant that had been struck by an accidental shot and near by was another child about two years old. The private wanted the corporal to help him carry the squaw down to the camp, for he thought it was too bad to let her die and the children starve. The corporal said he was in a hurry and told him to call a citizen near by to help him. Soon after reaching the foot of the hill he heard several pistol shots in the direction of where he had left the two men and the squaw, and looking up that way saw the soldier coming down alone. When he came up the corporal said "Where is that squaw?" "That was a fine specimen you called to help me," was the reply. "The - bush-whacker shot the whole lot of them, babies and all, before I knew what he was up to."
A part of Company B from Dun Glen and Company I from Camp McDermit, both of California regiments, met at Kane springs in December for a scout under Captain Conrad. Black Rock Tom had gathered in the scattered families of his fol- lowers, and joined by those of other bands that were committing depredations, had rendezvoused at another place on Queen's river. The snow was lying on the ground at the time, and one night while out the command was forced to lead their horses in a circle to keep from freezing. They were allowed to build no fires to keep the Indians from knowing that they were there. Finally the Indians were discovered on, or near, Fish creek and surrounded before daylight. One squaw, a boy, and an old man were captured, and the balance, about forty in all, were killed. None of the white men were killed. This ended organized hos- tilities on the part of any band of the Pah Ute tribe, but some of the more desperate went in with the Shoshone and Bannock renegades and kept up the fight the following year, some of them going into Paradise valley.
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THE DEATH OF BLACK ROCK TOM
Black Rock Tom, who was absent when his band was de- stroyed, went down to the sink of the Humboldt and gave himself up to Captain Soo. "The Humboldt Register" of December 30th has the following :
"BLACK ROCK TOM ALL RIGHT'
"Several messengers have come lately from Captain Soo to citizens here, asking them to come down to the Big meadows and be put in possession of the notorious cut-throat known as 'Black Rock Tom.' Those who have been accustomed to attend to such business were busy, and Tom remained on the meadows doubtless each day feeling more secure. When Captain Street came that way Tuesday, Soo notified him of the opportunity to capture this leading marauder. Street took him in charge." Some citizens then went to Tom and told him that the people were going to take him away from the soldiers and hang him, and that he had better make his escape if he wished to live. Street put him in charge of a squad of soldiers and gave them particular orders not to allow him to escape. Probably the soldiers knew what the citizens had told Tom and they gave him a chance to get away. He took the opportunity and the soldiers shot and killed him.
The following is also from the "Register" of December 30th.
"BLACK ROCK TOM'S PALE HORSE
All hunters of Indians who came to an engagement any- where between this and Owyhee, and almost all parties attacked on that road during the past season, remarked a white horse of extraordinary qualities, the rider of which seemed to take great pride in his efforts 'to witch the world with noble horsemanship.' The white horse was ever spoken of as a wonder of strength and fleetness. The rider-a stalwart Indian-delighted to dally just out of musket range from the white men, caricoling most pro- vokingly, and darting off occasionally with the fleetness of the wind. The rider was Black Rock Tom. He has quit this vale of tears, but the horse has not been taken. Tom did not bring the pale horse on his last trip, and the much-coveted animal is still in Indian hands."
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A part of the foregoing was told to show how northwestern Nevada was freed from the marauding Indian bands that infested it. Many of these Indians were desperadoes and rene- gades from the neighboring tribes and would have preyed upon the travelers and outside settlers of that section as long as they were allowed to live. They were like wild beasts and were treated like them-followed to their hiding places and exter- minated. This had to be done sooner or later, and it saved life and property to do it as quickly as possible.
THE DEATH OF PEARSON
Between Christmas and New Year, 1864, a man named Thomas Pearson left his home near the lower end of Willow Creek valley and came over to Honey Lake. He started for home on New Year's Day when the sun was about two hours above the mountain. It rained that afternoon and night, and it is supposed that when darkness came on he got lost and wandered around until he was tired out and lay down where his body was found. According to Tunison's diary he was found ten or twelve days afterwards about half a mile from his own cabin. He had a six-shooter with him and all of the loads but one had been fired, probably with the hope of attracting some one's attention. It is said that he was buried near his cabin, but if that is true, he was afterwards moved to the cemetery at Susanville.
WALKER KILLED BY BRUNTY
Early in the year William Walker came into this valley and went to work for James Doyle on his ranch about a mile north- west of Milford. Mrs. Walker was working at Janesville in the family of John Brunty whose wife was sick. After Walker had worked a few days Mrs. Doyle became ill, and he told her husband that he would go and get his wife to come there and work until Mrs. Doyle was well. On the ninth of March Doyle let him have his revolver and an ox team and he went to Janes- ville. Mrs. Walker refused to go away from Brunty's, and of course her husband was very angry on account of it. Some time during the day he and Brunty met in a saloon that stood on the south side of the street perhaps a hundred yards east of the Barnes Hotel. Walker seems to have been quarrelsome, and
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the two men soon got into a row about something, probably about Walker's wife. Brunty struck at Walker and the latter drew his pistol. The bar tender, Billy Hamilton, then stepped be- tween them, but Walker put the pistol over his shoulder into Brunty's face. Before he could shoot Brunty caught the pistol around the cylinder with his left hand, and the hammer came down upon that instead of the cap. Brunty then drew his own pistol and reached around Hamilton and shot the other man through the body. The wounded man lived only a few hours.
Brunty was arrested and brought before Squire James Hutch- ings. M. W. Pratt says that Brunty hired him to plead his case. While he was talking to the Court he held the defendant's pistol in his hand, and cocked it without thinking what he was doing. In trying to show what was done during the fight, he threw down the pistol and pulled the trigger and the bullet went just a little above the Squire's head. He was a Republican and Pratt was a Democrat, and some of the Republicans accused the latter of trying to thin out the opposite political party. Brunty was exonerated on the grounds of self-defense, but it was a needless killing. There were men enough present to stop the fight before Walker could do any more shooting, and Brunty was in no danger. He lived in the valley a while after this, and in company with a man named Barrington ran a saloon in Milford.
SPENCER'S TROUBLE WITH THE GAMBLERS
When Lassen county was organized there was a hard crowd in Susanville and had been for some time. In fact there were a good many "tough citizens" throughout the county, and the reasons for this have been given in the previous pages. There were a lot of gamblers in Susanville, and it was thought that some of them did a little work on the outside in the way of holding up stages and travelers. Occasionally some of them would leave town and shortly afterwards reports of stage rob- beries would come in. After a while the gamblers would come back with plenty of money and say they had been to Carson or Chico or some other town, and had "made a winning." There were several faro games running in town, and as this was against the law, the first district attorney elected in the county, E. V. Spencer, thought it was his duty to stop them. At that
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time there was a great deal of gambling done in the country and few people thought it anything out of the way. Probably an older lawyer would have said nothing about it; but Spencer was young and inexperienced, and he thought there was nothing else to do but to stop the games. When the grand jury met on March 6th, 1865, he called their attention to these cases and seven men were indicted for gambling by them. Six of them were George P. Heaps, Joseph Hale, Charles H. Drum, William Van Kirk, Joseph Baker, and John Anderson. The name of the other one could not be learned. The grand jury made its report on the tenth and bench warrants were at once served on the indicted men, but they were allowed to go free until their trials came off. That night Baker and Anderson left for parts unknown.
Spencer's office was on the ground floor of the Steward House on the west side of the building, and one night some time previous to this he happened to be standing in front of his office leaning against one of the posts that held up the porch. The light from the house shone on him, and before long there was a flash and the report of a pistol across the street in front of the Pioneer saloon, kept by Heaps and Hale, and a bullet buried itself in the post near his head. He stepped into his office, put on his pistol, and went over to the saloon; but he found no one who seemed to know anything about it. One evening not long afterwards he went into the dining room of the Steward House to get his supper. He had his pistol on him when he started, but he thought it looked out of place, so he went back to his office and left it there. He found no one in the dining room but some gamblers who were all sitting at the same table. He sat down at another table facing them and in a few minutes a large coffee cup thrown by Joe Baker struck him a glancing blow on the forehead, cutting a gash that left a per- manent scar. He did not see where the cup came from, but he rose up and looked into the muzzles of six pistols in the hands of the men at the other table. They did not shoot, however, and he walked out to his office and got his pistol. He then returned to the dining room, but no one was there. Probably the affair was arranged with the idea that Spencer would get up with his pistol in his hand, and they would shoot him and claim that it was done in self-defense. The fact that he had
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his pistol drawn would make it look as if they told the truth. His getting up without any pistol spoiled their plan.
Before their trials came on the gamblers sent word to Spencer by some of his friends that if he went on with the prosecution he would be shot down in the court room. Frank Drake was one of the men by whom word was sent, and he and others advised Spencer to let the matter drop. The District Attorney, however, could not see it in that way and insisted on going on with it. Heaps afterwards told him that for ten days before the trial the best saddle horse in the county, owned by him and Hale, stood in the barn with the saddle on ready to carry away the man who shot Spencer.
The cases were to be tried before Judge I. J. Harvey, and when court opened Luther Spencer, A. G. Moon, Frank Drake, and a lot more of Spencer's friends came into the court room well armed, and ready to shoot if necessary. Spencer himself came in and sat down at the end of a table where he could see both the Judge and the spectators. He then placed two revol- vers on the table in front of him and told the Judge he under- stood that he was to be shot down in the court room if he prose- cuted the gamblers; but he proposed to do it, and if there was any shooting done, he intended to take a full hand. The Judge nodded his assent, and did not rebuke him or tell him to take away his weapons. When the cases were tried, owing to the fact that Spencer was inexperienced in making out legal papers and that three or four able lawyers were opposing him, the indictments were set aside. Heaps, Drum, Baker, Van Kirk, J. I. Steward, Anderson, and Hale were discharged, but their cases were to be submitted to the next grand jury. Steward had been indicted for a misdemeanor. Of course these proceedings amounted to nothing in the cases of Baker and Anderson. The grand jury of the following June indicted Hale, Drum, Heaps, Steward, and Van Kirk. When their cases came to trial they all pleaded that the jury which indicted them was not a legal one because one of its members, Antone Storff, was not a citizen of the United States. This was found to be true, and the indictments were again set aside. The cases of Hale, Drum, Heaps, and Steward were to be submitted to the next grand jury. Another grand jury was at once summoned, but it failed to indict any of them and the matter was allowed to drop. The
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most of the above was taken from what was told by Mrs. Philenda Spencer and from the county records.
There is another story told in regard to this. Abraham G. Moon, who for twelve or fifteen years was a well-known citizen of this valley, writes as follows: "At that time I was rooming with E. V. Spencer in the rear of his office in the Steward House, and I probably was as intimate with and knew as much about Spencer's affairs as any one. I do not know of any shot having been fired at him. The story of the cup-throwing is as you have it. I had it from Eph. himself. He said when Baker threw the cup he ran. When he (Spencer) got to his feet Baker was going through the door and Van Kirk was standing on the opposite side of the table with his hand in his vest pocket. Eph. came directly to our room, buckled on his six-shooter, removed the pistol from its holster, and stuck it in the belt in front in plain sight. He said that was no concealed weapon. When on the street he wore it in that way until the legal farce was over.
"Of course there was talk, threats, on both sides. I don't know of any direct communication from the gamblers to Eph. I was in the Courtroom when the cases were called-was sum- moned as a juror-was not wanted-did not see any guns on the table-did not hear any shoot talk. I know there was one gun in the room and have good reason to believe there were a good many more.
"The gamblers employed J. R. Buckbee of Quincy. The indictment was quashed. Another grand jury found bills- they followed suit. Another jury followed. By a small majority they chucked the whole thing into the scrap. I don't think there were fifty voters in the county that believed there could have been a conviction if there had been a trial." Other early settlers tell the story almost the same as Mr. Moon does.
THE ROAD FROM CHICO TO THE HUMBOLDT AND IDAHO MINES
Mention has been made in the foregoing pages of the fact that in 1857 an attempt was made to construct a wagon road from Oroville to Honey Lake and that the first stagecoach that ever came into the valley brought in some men who were inter- ested in that project. It has also been told that in 1862, on account of the travel from Sacramento valley to the Humboldt
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and Idaho mines, a road was built part of the way from Chico to Susanville and was called the Humboldt road. The following from the "History of Plumas, Lassen, and Sierra Counties" tells when and how this road was completed.
"THE OVERLAND AND IDAHO ROUTES
"The manner in which a large stream of emigration was turned in the pioneer days from the Carson and Truckee routes to pass through this county and Noble's pass has already been ยท detailed in the early history, as also has the exploration of a route for an overland railroad by Lieutenant E. G. Beckwith, in 1854. A few years later the war department decided to lay out a military wagon road across the continent, following from the Humboldt river the line laid out by Lieutenant Beckwith and terminating in Honey Lake valley. It was while engaged in laying out this road, in the summer of 1860, that Colonel F. W. Lander arrived at the valley, and was enabled to render such valuable assistance in terminating the war with the Pah-Utes. The particulars of an attempt made in 1857 to construct a road from Oroville to Honey Lake, to connect with the military road, will be found on page 58.
"When the Idaho excitement broke out, in 1862, the people of this section realized the advantages of establishing a route for the transportation of passengers and goods to the new mines by the way of Noble's pass, and began to take steps to secure such a route. (The reader will remember that Noble's pass was on the road from Honey Lake to Shasta City, and far north of the road from Chico to Susanville .- F.) By the Act of April 14, 1863, the legislature granted a franchise to John Bidwell, J. C. Mandeville, R. M. Cochran, and John Guill, to construct a toll road from Chico to Honey Lake, on the eastern boundary of the state. They incorporated the following year as the Chico and Humboldt Wagon Road Company, and completed their road to Susanville. Early in the spring of 1865, parties went from Susanville to Ruby City and return, going by way of Shaeffer's, Mud Springs, Deep Hole, Granite Creek, Soldier Meadows, Summit lake, Mint springs, Gridley springs, Pueblo, Trout creek, Willow creek, White Horse Creek, Crooked river, Castle creek, Owyhee river, Jordan creek valley, and Wagontown to Ruby City, a distance, as measured by a rodometer, of 332 miles. The
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same spring Pierce & Francis, backed by General Bidwell, started a weekly saddle-train from Chico to Idaho, by this route, to. carry passengers and mail. ("The Grizzly Bear" of April, 1915, says: "The first saddle train from Chico to Idaho, via Susanville, left Chico on April 3d (1865) in command of Captain Pierce, an old pioneer of the mountains of the Pacific Coast. Passengers riding on the hurricane deck of a mule paid a fare of $66. This included the use of a roll of blankets to sleep under and the carrying of a supply of provisions. There were forty passengers in the first saddle train.") Later in the year Major John Mullen became manager of the enterprise. Several stages were constructed, the route was stocked, and on July 11, 1865, the first stage from Chico to Ruby City passed through Susanville. I. N. Roop was advisory agent of the line, and W. N. De Haven local agent. This trip occupied sixteen days, because of the newness of the road and the hostility of the Indians. This latter difficulty was so exaggerated by the news- papers that the new route met with but little favor from the traveling public.
"On the seventh of July, 1865, a convention of 300 teamsters was held in Sacramento, at which a committee was appointed to investigate the Susanville trail. The committee reported it the best route yet found, and the consequence was that many loads of freight passed over the road that fall. In September a meet- ing was held in Susanville, subscriptions were taken, and the money so obtained was expended in improving the road. The government stationed a few troops along the road, but not enough to be of much use in case the Indians were determined to make trouble. On this account, and because the road was not well prepared for winter travel, the stage line was discontinued in the fall. This, and the natural suspension of freighting during the winter, greatly discouraged the citizens of Honey Lake valley.
"Major Mullen went to Washington that winter, and with the assistance of General Bidwell, who then represented his district in Congress, and the delegate from Idaho, secured a tri-weekly mail route from Chico to Boise City, which was let for $45,000 per year. The same influence secured the passage through the House of a bill appropriating $50,000 for a military road from Susanville to Ruby City; but the bill was referred
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back again to the committee, and dicd a natural death. The discovery of the Black Rock mines about this time (their first discovery was in 1849-F.), and the great rush to that region, also increased the importance of the Susanville route. In May, 1866, the Sage Brush said :
" 'The immigration to Idaho and Montana has commenced. Every day trains of men, mules, horses, and sometimes jack- asses, pass through our town on a weary pilgrimage to the distant mining camps.' In another article is the following: 'We must pause in our account of the discovery of the Black Rock mines, in order to give some account of the town of Susanville-a town which, by reason of these discoveries, and its situation on the great thoroughfare leading from California to Black Rock, Idaho, Montana, and Humboldt, bids fair to become, next to San Fran- cisco, the most important town on the Pacific Coast.'
"In May, also, the California and Idaho Stage and Fast Freight Company was incorporated, with a capital stock of $200,000. John Mullen was president. About midnight, July 1, 1866, the first stage left Chico, and arrived in Ruby City in three days and five hours, a distance of 427 miles. Susanville soon acquired considerable importance as a staging center. Eight stages per week arrived there from Chico, Red Bluff, Oroville, Virginia City, and other points. The reports of the fabulous richness of the Black Rock and Owyhee mines drew a constant stream of travel through this section, and it was nec- essary to increase the facilities of the stage line. This was done, a daily stage was put on, and James D. Byers was appointed general superintendent of the line. They ran daily till winter set in, and then the deep snows so interferred that only about two trips a week could be made.
"When the contract expired the next year, the Central Pacific had completed its track east of the Sierra nearly to the big bend of the Humboldt, reducing the distance to be staged by one-half. For this reason, the government refused to renew the mail contract, freight and travel were diverted to the new route, and Susanville was compelled to relinquish its dream of rivaling San Francisco in wealth and importance."
The History from which the foregoing is quoted also has the following :
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"HANGING OF CHARLES BARNHART
"A case of summary justice occurred June 25, 1865, at Mud flat, beyond Granite creck, in a party headed by Captain Pierce, of the firm of Pierce & Francis, proprietors of the Idaho stage line. This party had started out with a number of wagons and pack animals to work upon the road. On the morning in ques- tion Captain Pierce sent William Rogan to Charles Barnhart for a rope to be used in packing. Barnhart refused to give him the desired article, and when he laid his hand upon the rope to take it, drew his revolver and killed Rogan on the spot. There were present thirty citizens and ten soldiers, and they at once formed a court, tried the murderer, and sentenced him to death. During the hour of life granted him, Barnhart behaved in a most reckless manner, exhibiting that bravado that men of his class are pleased to call courage. A gallows was improvised from wagon tongues, the prisoner was placed in position with a rope around his neck, and was then asked to prefer a dying request. He said he wanted them all to get in front of him, so that he could take a good look at them before he left. His request was complied with, and he left immediately afterwards." It is said that the murderer and his victim were both buried in the same grave.
BIDDLE KILLED BY WILLIAMS
About the first of April a fight which resulted in the death of one of the men took place in Susanville. John Williams and George Biddle had a quarrel in the Pioneer saloon and soon came to blows. Biddle was partially intoxicated and it is very likely that Williams had been drinking, too. Williams was young, stout, and active and the other man was past middle age and not very strong. The fight was over almost as soon as it commenced, for the other men in the saloon stopped it as quickly as possible, but the younger man had struck or kicked his oppo- nent in a vital spot. He had no intention of doing him serious harm, and when he saw that Biddle was badly hurt he was very much frightened. Williams lived with his parents two or three miles west of town and he went home as fast as he could. It is said that he never came back to town and left the country at once. There is nothing on the records to show that the author-
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