USA > California > El Dorado County > Historical souvenir of El Dorado County, California : with illustrations and biographical setches of its prominent men & pioneers > Part 31
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Geo. W. Ferree, Ed. M. Wilder,
B. F. Pollard, Wm. Harris, Wm. R. Davis,
D. M. Richardson,
Thomas Leavey, Benj. Starr, J. W. S. Giles, John McFadin,
B. F. Burgiss,
John Richmond, Peter Wilson,
Total 4
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HISTORY OF EL DORADO COUNTY, CALIFORNIA.
Nativity of Deaths.
Ireland, 1 ; Germany, 2; United States, I. The report then continues :
Many of the cases admitted are more properly subjects for an infirmary than a hospital, the primary design of which is for the treatment of acute or reme- dial disease, and the speedy restoration of the invalid to the active walks of life. This number includes those who are afflicted incurably, the aged and imbe- cile, and those whose mutilations from disease or acci- dent incapacitates them from earning a livelihood.
Under our imperfect hospital system the insane alone have been provided with an asylum under State patronage. The deaf and dumb, the blind, the indi- gent sick, the poor, the destitute and unprotected are left to the benevolent care of the respective counties, and to the humane consideration of individuals, and a large portion of whom necessarily become inmates of the county hospital. This class of cases have re- ceived at our hands that consideration due to their unfortunate condition, although the terms of our con- tract do not oblige us to take charge of and maintain them.
Of deaths there have been a much smaller number than during the preceding quarter. Only four have died, and one of the number was dead on reaching the hospital.
O. HARVEY, M. D. A. CLARK, M. D.
Under this contract system the expenses of the county for hospital purposes were :
In the first year, from June 9th, 1855, to 1866 $15,000 In the second year, from June 9th, 1856, to 1857 11,500
In the third year, from June 9th, 1857, to 1858 7,000
In the fourth year, from June 9th, 1858, to 1859 7,000 In the fifth year, from June 9th, 1859, to 1860 4,800
Showing a considerable decrease in the contract price, while at the same time the number of patients was increasing ; the average number of sick constantly in the hospital was in the third year 16, in the fourth year, 21. The large difference in the expenses for the hospital from $7,000 to $4,800 in the fifth year, was caused by means of some lengthy newspaper contro- versies. Another consequence therefrom was a bill introduced into the Legislature in January, 1860, by Dr. I. S. Titus, then Senator from El Dorado county. The bill provided for the establishment of County In- firmaries, and the better care and support of the indi- gent sick.
The contract system, however, was not abolished so soon in the administration of the county hospital. The contract for the seventh and eighth year, in 1861 and 1862, was awarded to Drs. John Cook and I. S. Titus, and not before the expiration of their term did the county hospital go under the direct superin- dence of the county administration, with Dr. John Cook as acting physician. The following statement of the Board of Auditors will give the best informa- ton concerning the location and condition of the county hospital, together with all of its other affairs and arrangements.
During its whole existence, the county hospital of El Dorado county has been one of the best managed institutions of the kind in the State. For fourteen years Dr. John Cook devoted a large share of his time to it, and its present satisfactory condition is due, in a great measure, to the fostering care it re- ceived at his hands. Its situation is one of the most healthful that could possibly have been selected. Located on the flank of Quartz Hill, with a southern exposure, it is elevated above all miasmatic influences, while a small ditch, a branch of the South Fork canal, supplies it with an abundance of water for irrigating purposes. The soil, originally fertile, has been well manured, and is capable of raising anything that can be raised in this altitude. The grounds-including the pest house-comprises 8.92 acres ; all enclosed with a substantial fence. The buildings are large, roomy, well ventilated and conveniently arranged.
Dr. Proctor, the present physician, is following faithfully in the footsteps of his predecessor. Economy is the order of the day. Although the present yield from the garden is large, arrangements have been made to increase the income from this source mate- rially.
In this connection, the following letter, in answer to a communication from the Supervisors of Nevada county, soliciting information on the subject, will doubtless prove interesting to the people in general :
OFFICE OF THE BOARD OF AUDITORS, PLACERVILLE, EL DORADO COUNTY, December 1, 1877.
Dear Sir-The Board of Auditors have directed me to reply to yours of the ist inst.
Our hospital system is really a combination of Hospital and Infirmary, both the helpless indigent and the indigent sick being accommodated at the same institution. The system substantially conforms to the several enactments of the Legislature received thereto. Vide Statutes 1855, pp. 67; 1867, 215; 1875-6, 681; and the Codes.
The County Physician has direct management, under the control of the Board of Auditors. His
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COUNTY HOSPITAL, ETC.
salary for hospital services is $100 per month. The steward has supervision under the physician. The combined salary of steward and cook is $105 per month. The hospital grounds comprise about 6} acres and the pest house about 272 acres additional. At the hospital a great abundance of all kinds of vegetables is raised, and quite a variety of fruit, more than is required for its own use; the labor being performed by the patients. The hospital buildings and ground belong to the county. Hospital supplies are all purchased by contract. There is no income whatever from the paupers. The hospital tax levied for several years past is 25 cents. Four years ago we had a per capita tax of $1 50. A bill for the same amount was passed two years ago, but owing to a mistake in engrossing, the Act is a nullity. All taxes for this county are levied by the Legislature. The taxes for this year will pay nearly, if not all, accrued hospital indebtedness to January 1, 1878.
We have a few indigent persons on the outside- not in the hospital-who are not able to make a living, but have homes; who are allowed, each, a small amount monthly by the county, and in that way manage to get along.
Below you find a statement of entire cost of hospital for twelve months. The average of cost, 47.7 cents per day, includes physician's, steward's and cook's salaries, burying dead, repairs, (which have been considerable this year) and everything of whatever nature that is a hospital charge.
STATEMENT-Whole amount of warrants drawn on Hospital Fund, for twelve months commencing December 1, 1876, $6,481 89. Of this amount, there was drawn for outside purposes-such as indigent persons not in hospital, burying outside poor, etc., $659.
Actual amount applied to hospital $5,822 89 Average number of patients per day . 33,153 00 Average cost per day. 47.7 cents
Very respectfully,
GEO. BURNHAM, Clerk of Board of Auditors. By E. W. WITMER, Deputy.
To J. S. Thompson, Esq., Member of Board of Supervisors, Nevada County, Cal.
The Board of Auditors, at their regular meeting of March, 1880, appointed Dr. H. W. A. Worthen County Physician.
PUBLIC SCHOOLS.
John G. Eustis, Esq., Superintendent of Public Schools, in 1857, gave the following statistical inform- ation concerning the number of children in each township of El Dorado county, and the whole amount of the taxable property of the same:
Greenwood
115
Cosumnes
8 x
Georgetown 165
Mountain 85
Mud Springs 278
Diamond Springs 179
Salmon Falls 62
Kelsey 92
White Oak 125
Big Bar 28
Placerville 368
Coloma
234
Total 1812
The amount of taxable property in the county, $3,151,618-on which amount a tax of 15 cents on one hundred dollars was levied for county school purposes.
The school census of 1858 gave but 1,736 children between 4 and 18 years; of these 700 attended school during the year, the average attendance being 412. The county received an appropriation out of the State School Fund during the year of $2,881 07. The total amourit expended for school purposes was $9, 141 59. H. S. Herrick, County Superintendent of Schools, in December, 1860, gave the following figures concerning the school statistics:
The number of children in the county between the ages of 4 and 18 years, was 2,449 ; of whom 1,289 were boys, and 1, 160 girls. Under 4 years, of both sexes, were 1,289, and between 18 and 21 years, 188 ; 2,042 were born in California; deaf and dumb, 3 ; blind, 2. The total number attending school was 1, 127; the average attendance was 704 and a fraction. The aggregate cost of school houses and furniture in the county has been $9,863. The total receipts for school purposes during the year 1860 have been $13,773; $13,641 have been paid for teachers' salaries, and the total amount expended for school purposes during the same year has been $16,460.
SCHOOL DISTRICTS IN EL DORADO COUNTY IN 1860.
Placerville, Kelsey,
Placerville City, Mount Gregory,
Upper Placerville, Clarksville,
Johnson's, Jayhawk,
Smith's Flat,
Salmon Falls,
Coloma, Greenwood,
Gold Hill, Georgetown,
Cold Springs, Dry Creek,
Uniontown, Mountain,
Diamond Springs, Indian Diggings,
Newtown,
Cedarville,
El Dorado,
Coyoteville,
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HISTORY OF EL DORADO COUNTY, CALIFORNIA.
French Creek,
Negro Hill,
Cosumnes Grove,
Spanish Dry Diggings,
Buckeye Flat,
Mount Ankum,
Deer Creek,
Diamond,
Green Valley,
Pilot Hill.
LATER FORMED SCHOOL DISTRICTS.
Cave Valley,
Mosquito,
Latrobe,
Pleasant Valley,
Mud Springs Township,
Tennessee Creek
Middle School District of Diamond Spring Township.
The following are figures from the Annual Statis- tical Report of the County Superintendent of this county to the State Department for the school year beginning July 1, 1869, and ending June 30, 1870.
Number of white children between 4 and 15 years of age-boys, 1, 139; girls, 1, 110; total, 2,249. Number of Negro children between 5 and 15 years of age-boys, 8; girls, 15; total, 23. Number of Indian children between 5 and 15-boys, 14; girls, 13; total, 27. Grand total, 2,299, a falling off within one year of 49. Total number of children under 5 years of age, 942 ; 79 less than at the close of last school year. Expended for school apparatus, $170 49; for building, repairs, etc., $1,334 30 ; for library books, $687 97 ; for teachers' salaries, $16,001 70; $146 79 less than for preceding year. Reported valuation of school houses, lots, etc., $16,145 50; valuation of school libraries, $2,626 41; valuation of school apparatus, $1,737 75; total valuation of school property, $21,109 66. Number of new districts organized, 1 ; whole number of districts, 39; number of schools, 42; whole number of children attending public schools, 1768; 25 less than the year preceding.
From Superintendent Munson's annual report of 1874, we take the following :
The whole number of School Districts in which school has been kept is 38 ; whole number of schools 43 ; of which 23 are first grade, 16 second grade and 4 of the third grade. There were in the county 2,448 census children, of whom 2,379 were white, 27 colored and 42 Indians and Mongolians. Of this number 1,971, or nearly 83 per cent. attended school, leaving 408 who have not attended school during the year. The average daily attendance is very low, being only 1,211, or but a little more than 50 per cent. of the whole number of children.
For the length of time for which school has been maintained Latrobe is leading with 912 months.
Of the teachers employed, 20 are males, 22 are ,females ; 23 are of the first grade, 13 of the second and 6 of the third. The highest salary paid to one teacher was $125 per month, the lowest $30 ; the average salary was $66.86. The total amount
of money expended is $23,499.11, being nearly $10 to each census child. The amount needed to keep a school in each district for a period of eight months, $26,973, The total valuation of school property is $29,226, the highest valuation of any being $7,000, the lowest $50.
Six teachers are graduates of the State Normal school, and one teacher holds a diploma.
COURTS OF EL DORADO COUNTY.
District Court-Regular Terms commence on the second Monday of February and May, and third Monday of August and November.
County Court-Holds regular Terms on the first Monday of January, May and September.
Court of Sessions-Hold regular Terms on the first Monday of March, July and November.
Probate Court-Holds regular Terms on the fourth Monday of each month.
Board of Supervisors-Hold regular meetings on the first Monday of each month.
RULES OF THE COUNTY COURT OF EL DORADO COUNTY.
HON. OGDEN SQUIRES, JUDGE.
(To go into effect, April 4th, A. D. 1864.)
RULE 1.
The hour of 10 o'clock A. M., is fixed for the open- ing of the Court during term.
The order of business will be as follows :
First-The hearing of applications for naturaliza- tion.
Second-The arraignment of and hearing of pleas of parties indicted for criminal offenses.
Third-The hearing of motions and demurrers.
Fourth-The calling of the calendar.
Fifth-The trial of criminal causes on the calendar for the day.
Sixth-The trial of civil causes on the calendar for the day.
RULE 11.
On the first day of the term, before proceeding to other business, the Grand Jury will be impanelled, when the calendar will be called and causes set for trial, unless otherwise ordered by the Court.
RULE 111.
In all causes appealed to this Court, where the appeal is perfected fifteen days before the first day of the next succeeding term, the papers on appeal shall be sent up and filed and the cause placed on the term calendar on or before the last Wednesday pre- ceding the first day of the term. If the papers
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RESIDENCE OF LEVI DARRINGTON ONHISRANCH. ELDORADOCO ยท CAL.
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CRIMINAL ANNALS.
are not so sent up and filed, and the cause placed on the calendar, the appeal may be dismissed, on motion, during the term without notice, unless good cause be shown to the contrary, by affidavit at the time of the hearing of the motion. A cause so dismissed may be restored upon three days written notice to the ad- verse party or his or her Attorney, upon good cause shown by affidavit, and upon terms. On such mo- tion to dimiss an appeal, if the grounds of the motion shall be that the papers are not sent up by the Court below, that rendered the judgment appealed from, be- cause of the non-payment of fees, the certificate of the Court below of that fact shall be presented in support of the motion. If the grounds of the motion shall be, that the papers have been sent up but not filed because of the non-payment of fees, the papers or the certificate of the clerk that the fees for filing remain unpaid, shall be presented in support of the motion, and want of an entry of filing on the papers shall be prima facie evidence that the fees for filing remain unpaid. If the grounds of the motion shall be, that the papers have been sent up and filed, but that the cause has not been placed on the calendar, because of the non-payment of fees, the certificate of the clerk of that fact shall be pre- sented in support of the motion.
RULE IV.
In no cause in this Court shall either party be com- pelled to go to trial unless such cause shall have been placed upon the calendar on or before the last Wednesday preceding the first day of the term. Provided, however, that by consent of Court, a cause may be placed upon the calendar and set for trial at any time during the first week of the term, after three days' notice to the adverse party by the party moving the cause on the calendar.
RULE V.
In causes in this Court, either party, by leave of the Court, may amend any pleading or paper, so that a fair trial may be had on the merits, but not so as to change the character of the action or defense.
RULE VI.
If, when a cause shall be regularly called for trial, the plaintiff or appellant shall fail to appear or pro- ceed to trial, unless for sufficient cause shown, the Court should otherwise order, the defendent or re- spondent may take a dismissal of the action, or apply for such relief as he may be entitled to in his plead- ings.
RULE VI1.
The first application for a postponement of a trial,
on the ground of absence of evidence, must be made upon affidavit, showing that the evidence is material and that due diligence has been used to procure it. In criminal causes, unless required by the Court, the moving party need not in his affidavit, state the evi- dence which expects to obtain. The affidavit must state that he has fully and fairly stated the case to his counsel (naming him), and that he is advised by his counsel, after such statement is made, and believes that said evidence is material, and that he cannot safely go to trial without it.
In any subsequent application for a postponement of the trial of a criminal cause, the affidavit used must, in addition to the above, state the evidence which the moving party expects to obtain and from whom, and also state his reasons for believing the witness will testify to such facts.
RULE VII1.
Agreements or consents between parties or their attorneys, relating to proceedings in an action, must be in writing and filed, or be entered in the minutes.
RULE IX.
Whenever a judgment shall be rendered in any action, and the party against whom the same is ren- dered or his attorney, is not in Court or present at the time of the rendition of the same, the party, or his attorney, in whose favor the judgment is rendered, shall give notice to the adverse party, or his attorney, in writing, of the rendition of the judgment and the time allowed by law in which to file exceptions, or move for a new trial, or appeal in such case shall not commence to run until such notice has been given.
CHAPTER XXX.
CRIMINAL ANNALS.
The record of crimes committed inside the border- lines of El Dorado county, commencing from the earliest times, has become quite a volume of history in itself. The enormous influx of adventurous men of different nationalities to this very spot of land, the New El Dorado, undoubtedly had brought a good many daring and desperate characters, who had come for gain, in the easiest and least troublesome manner, but for gain under all eventualities. There were others whose intention had been to make an honest living and they started in accordingly ; but the weak- ness of mind and body, together with the bad exam. ples they frequently saw, led them astray, to make a fortune in an easier way than with pick and shovel. So
148
HISTORY OF EL DORADO COUNTY, CALIFORNIA.
we find as early as 1848 and 1849 already organized bands of desperadoes, with signs, passwords and grips, with chiefs and lieutenants, who would lay in wait in and around the mining camps. The people endeav- oring to put a stop to those crimes were often enough compelled to take the law in their own hands, as may be seen out of the case which originated the sobriquet of Hangtown for the village of Placerville. (See Placerville.)
Such summary execution had the effect at least to intimidate the rogues, and put a restriction to the commitment of crimes for some time. This, however, did not last very long, for no sooner those outlaws observed that the watchfulness of the people gave way, and smaller crimes passed by unpunished, than they threw off their fear, raising up their heads and growing bolder than before. The result was another hanging of a desperado by the name of Richard Crone, going by the name of Irish Dick, a mere boy, after his looks, at Placerville in October, 1850. H had crossed the plains from St. Louis in 1849, as a cook, but took to gambling as a profession and always was ready for shooting and fight. He used to keep a monte game in the El Dorado saloon, located at the site of the present Cary House, and one night a quarrel ensued there between two men. Crone jumped up from his game and stabbing the one, he almost instantly killed him. After the act he deliberately wiped the blood from his knife and left the saloon ; but after a long search was found hidden at Coffey's, on Sacramento street, where he was arrested. The murdered man had a brother mining at Chili Bar, and on account that those two hundred and more gamblers had always got the best of the miners, when the latter came to town, which was almost ruled by that class of men, the miners made up their minds that this busi- ness had to be stopped right there, and to the number of several hundreds came into town determined that Dick should die ; in which determination the better people in town concurred with them. Dick was taken from the officers of the law and tried by two Justices of the Peace, one was Dud. Humphrey, the other Wallace, in the presence of the excited thousands. While here on trial the spectators seemed to get impa- tient, but with the coldest blood Dick remarked to them : "Have patience, gentlemen ; I will give you soon a fair lay out." The verdict was guilty ; he was speedily taken by the crowd to a large oak tree, near where is now the Presbyterian parsonage, in spite of the officers, Bill Rogers, Sheriff, and Alex. Hunter and John Clark, Constables, who fought desperately but powerless for the possession of the prisoner, the multitude being determined to see justice done and not to be trifled with, as often before. The
prisoner was placed under the tree with rope around his neck, he then begged the privilege of climbing the tree to leap down from the fatal branch, but this was denied him, and he was jerked up by strong and will- ing hands.
BRUTAL MURDER AT GREENWOOD VALLEV.
On Sunday, July 23d, 1854, an old man named William Shay was most brutally murdered at Green- wood valley, El Dorado county, by one Samuel Allen. From the testimony adduced before the coroner's in- quest it appeared that Shay was engaged in watering his garden, when Allen came up to him, knocked him down and stamping on him until he was quite dead ; after this he pounded Shay's head with stones until it was literally crushed to a jelly. After the perpetra- tion of this fiendish murder Allen attempted to escape, but was arrested by an eyewitness of the scene, An- tonio Dias, and taken before Justice Stoddard for ex- amination, who ordered him to jail to await his trial. An officer started with Allen for Coloma, but had not proceeded far when he was overtaken by a large and excited crowd, who forcibly took the prisoner from his custody. An hour afterwards the dead body of the guilty man was hanging from the same oak limb, in the town of Greenwood, that had been used already on a similar occasion a few years ago, a solemn warn- ing to malefactors. The aroused vengeance of the outraged community was not to be appeased with less than inflicting the most extreme punishment on the guilty.
The first occasion where this historical oak tree had been selected to serve for the same purpose, happened in 1851; James Graham, from Baltimore, treacher- ously had invited an old denizen of Geenwood valley, by the name of Lesly, a well respected gentleman, to go with him on a prospecting trip, where he filled his head with buckshot, and thinking his victim dead, he fled. Lesly, however, did not die on the spot; though fatally wounded, he crawled to the next cabin, being that of Tom Burch, in Coloma canyon, whom he in. formed of what had happened; the people thus alarmed, turned out in pursuit of the assassin, caught him at Uniontown, and brought him back to Green- wood valley, where a jury of twelve men was sworn in before whom he was tried, found guilty and imme- diately taken to the mentioned oak tree, standing on the lot now owned by Mr. Ricci, where he was hung without ceremonies.
Another case of mob violence occurred in the fall of 1850, in the neighborhood of Georgetown. An Englishman by the name of Devine, in a drunken spell, had a quarrel with his wife, and repeatedly hav- ing threatened her before, she attempted to run out of
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149
CRIMINAL ANNALS.
the door, when he reached for his gun, but she hardly had passed out of the door in the rear of the house, when he shot after her, killing her instantly. He was known as a reckless and desperate fellow, and the whole population of Oregon canyon, in a rage of in- dignation, gathered and decided that life had to pay for life. Devine was arrested, found guilty, and taken to an oak tree, which had been selected for the execu- tion, and after less time than what is necessary to write this down, a dead body was hanging from the tree that may be seen yet on that spot.
In the summer of 1855, the cases where Chinamen miners were robbed, particularly in the neighborhood of Placerville, became quite frequently heard from ; The Mountain Democrat, of September 22d, 1855, brings the following :
"We learn that an attempt was made last week to rob a Chinaman who supplies several companies on the South Fork of the American river with fresh meat, as he was returning to White Rock, by three well known river thieves. The attempt was made in open day on a much frequented trail. The Chinaman made his escape by sliding down a precipitous moun- tain about fifty feet, deep without other injuries than tearing his clothes into ribbons. These outrages are becoming quite common, and it is time that some stringent measures should be taken to have the scoun- drels arrested."
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