History and biographical record of Monterey and San Benito Counties : and history of the State of California : containing biographies of well-known citizens of the past and present. Volume I, Part 43

Author: Guinn, J. M. (James Miller), 1834-1918; Leese, Jacob R. Monterey County; Tinkham, George H. (George Henry), b. 1849. Story of San Benito County
Publication date: 1910
Publisher: Los Angeles, Calif. : Historic Record Co.
Number of Pages: 348


USA > California > Monterey County > History and biographical record of Monterey and San Benito Counties : and history of the State of California : containing biographies of well-known citizens of the past and present. Volume I > Part 43
USA > California > San Benito County > History and biographical record of Monterey and San Benito Counties : and history of the State of California : containing biographies of well-known citizens of the past and present. Volume I > Part 43


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(c) To reach the capital he was obliged to sail from Monterey to Peru in a brig, thence to Panama ; cross- ing the isthmus he took a steamer bound for Jamaica, then to New Orleans, and on arrival in the Crescent City he telegraphed his arrival to the president.


(d) Aguardiente, a vile Mexican liquor, rose in price to $5 a bottle (original price fifty cents), and the keeper, when arrested, laughed at the $25 fine and begged hard for the return of the liquor. To evade the law and secret the stuff they had hidden it in all manner of places, in their beds, the chimney, the cellar and holes in the sand.


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HISTORICAL AND BIOGRAPHICAL. RECORD.


day amusements. He always carried, as did the Mexican alcaldes, a thick, heavy cane, with a round ball upon the head; this was his official badge, and it was always respected. When the congress returned to the east, in October, 1858, Colton left the coast, and he was superseded by Florencio Serrano. In October, 1849, Philip A. Roach was elected first alcalde and recorder, fol- lowed later by Ignacio Ezquer, then Jacinto Roderiguez, with Maria Coverribias and A. Au- gustin Janssen juces de paz (justices of the peace ).


The first civil election in Monterey took place September 15, 1846, and the following officers were elected: Walter Colton, alcalde; Milton Little, alcalde pro tem; David Spence, W. E. P. Hartnell, Jose Diaz and Juan Malarin, alcalde counsellors ; Salvator Munras, keeper of funds ; and William R. Gardner, sheriff. Three hun- dred and thirty-eight votes were cast, Colton re- ceiving sixty-eight.


Monterey's first jury trial was held in that year, September 4, Isaac Graham versus Charles Roussillon. Graham was a famous character, a trapper, a fine rifle shot and a manufacturer of aguardiente, with a still at Santa Cruz. He had been in trouble with Juan B. Alvarado, and now he accused the Frenchman of stealing his lum- ber. The following jurymen were selected: W. E. P. Hartnell, Charles Chase, George Minor, Milton Little, Talbot H. Green, Robert H. Thomas, Manuel Diaz, Florencio Serrano, Juan Malarin, Jose Abregno, Rafael Sanchez and Pedro Narvaez. Hartnell, who was one of the jury, also acted as interpreter, for the defendant could not speak English, the prosecutor knew no French and some of the jurymen could speak nei- ther French nor English. The witnesses spoke one of all three languages, and, although a trivial case, it took the entire day. After an hour's con- sultation the jury brought in a verdict, acquitting the defendant of any crime, but as he had taken the lumber he was ordered to pay Graham its value and the prosecutor the costs of the court.


Before his departure from Monterey, Colton erected a memorial, Colton hall, a building that is now historic. It was for many years the most useful building in the city, having been used as a


constitutional hall, a schoolhouse, court house, public assembly hall and a place for religious worship. "The structure," said the architect, "is built of white stone, quarried from a neighbor- ing hill, which easily takes the shape desired, and the front is ornamented by a portico, from which you enter the hall. The lower apartments are for schools; the hall over them (30x70 feet) is for public assemblies." He wrote, March 4, 1846: "In the meantime I shall set the prisoners quarrying stone for a schoolhouse, and have al- ready laid the foundation," and in March, 1848, he wrote: "The town hall at which I have been at work more than a year is now finished." It had been erected out of the proceeds of town lots, labor of convicts, taxes of liquor shops and fines of gamblers.(e) The walls were lathed and plastered. About ten miles from town Col- ton discovered a limestone which, when burned, made an excellent lime, and this, mixed with hair and sand, made a good wall finish.


In April, 1846, the alcalde said: "The old prison being too confined and frail for the safe custody of prisoners, I have given orders for the erection of a new one. The custom has been to fine Spaniards and whip Indians, but I have substituted labor and have now eight Indians and three Californians, sentenced for stealing, at work making adobes. Each person is to make fifty adobes a day, and for each additional twen- ty-five they receive twenty-five cents. They are paid every Saturday night and can purchase any- thing but rum."


In the following May the prison was complete, all but the door, and the alcalde sent the constable to have made a pair of iron hinges. For his rough work the blacksmith charged an outrage- ous price, $8, and Colton would not accept them.


(e) One instance of Colton's scheme to build a school house occurred in May. A nest of gamblers arrived and opened a monte bank in the Astor house. With a squad of soldiers the alcalde made a raid and cap- tured the entire fifty; assembling them in the saloon he made them a speech and ended by fining each gam- bler $20. Some of them complained at the amount, but a doctor, the first to "plank" down, declared: "Come on, good fellows, pay up and no grumbling; this money goes to build a schoolhouse, where I hope our children will be taught better principles than those of their fathers." The fines, with the $100 fine of the hotel, made quite a sum.


11


11


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CUSTOM HOUSE-Erected 1814-N. S. G. W. HALL


The upper end was erected under the Spanish rule, the center (one story section) was erected during the Mexican period, and the lower end (an exact duplicate of the upper end in style of architecture) was built after the American occupation. The flag pole seen in further end is the original pole on which Commodore Sloat hoisted the American flag in 1846. The base of the upper end of the building is of granite and the lower end of quarried rock. The building is occupied by the N. S. G. W. and this inscription is on a tablet on the building:


"It was over this building that the American flag was raised by Com. John Drake Sloat on July 7, 1846, signalizing the passing of California from Mexican rule. Restored through the efforts of the Native Sons of the Golden West with the assistance of the people of California.


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HISTORICAL AND BIOGRAPHICAL RECORD.


Then the vulcan, storming with anger, called at the office and throwing the hinges at the alcalde's feet, returned to his shop. Immediately the con- stable followed him, paid the blacksmith his money and received a receipt. Then arresting the foolish fellow he brought him to the alcalde, who said, "Ten dollars or go to jail." The black- smith hesitated a moment then paid the fine. (f)


Perhaps the custom house may be of more in- terest than any other one building, for over it floated the flag of three nations, and thousands of dollars in custom house duties were paid into its treasury. Fremont made it his headquarters during the Bear-flag war, and it was occupied by nearly all of the governors, Mexican and Ameri- can. The foundation of the building was laid by the Spaniards and was unfinished at the time of the independence of Mexico, the Mexicans completing the work in 1842. It is now the property of the state, and under the guardian- ship of the Native Sons; it is the studio of sev- eral artists, who occupy the upper floor.


Another old land-mark famous in history is the building in which was given the first theatrical performance in California. In 1847 a company of soldiers were sent to Monterey from Santa Barbara, and as four of the company had been giving minstrel performances in the last named town, John A. Swain, after much persuasion from soldiers and citizens, fitted up his adobe, a long, narrow building, for dramatic purposes, with stage scenery, seats and oil lamps. The soldiers found other performers and the play of "Putnam, the Lion of '76," was given. In the winter of 1848, a company of strolling comedians had been playing at Los Angeles, assisted by sev- eral soldiers, including Charles E. Bingham, an aide-de-camp on the staff of General Taylor. The discovery of gold caused a disbandment of the company and Bingham and his wife came to Monterey. A theatrical company was organized which included Lieutenant Alfred Sully and John Derby, the famous humorist, "Squibob," and with Bingham and his wife in the leading


parts, the play of "Box and Cox" was performed. It was the last performance for many years, for in "Life's Drama," the great events were in cen- tral California, and Bingham and his wife becom- ing professionals, the pioneers in their line, trav- eled over the state playing, "Box and Cox."


Under the general state law regarding cities, Monterey was incorporated April 30, 1851, and Phillip Roach was elected mayor. He was suc- ceeded by William Murdock and later by W. H. McDowell, Charles Herron, however, attending to the duties of the office. The law of incorpora- tion was repealed, the charter amended in 1853 and the town affairs were managed by a board of trustees. The charter was again amended in 1862, as the board of trustees of 1859 ran the town so into debt, they were compelled to sell their pueblo lands. In 1866 the charter was again amended and again repealed in 1889. Then it was reincorporated under the general law of that year.


Nearly all of the early day officials, especially those of cities, were very extravagant and waste- ful of city funds and Monterey's extravagance was seen in the gift to Gen. Bennett Riley. The general having been in Monterey two years, re- turned to the eastern states in July, 1850. The citizens having a high appreciation of the "Hero of Contreras," on the eve of his departure tend- ered him a farewell banquet in the Pacific hotel. Covers were laid for two hundred persons, the toastmaster of the occasion being Gen. P. H. Bowen. During the evening the general was presented with a solid gold watch chain, and a gold medal valued at $600, a gift from the town council of Monterey. On one side the medal bore the arms of the city and on the reverse side the declaration, "The man who came to do his duty and accomplished his purpose." The medal was presented by Major Phillip A. Roach, and General Riley modestly inquired, "Why am I singled out for this mark of distinction?" "For your war record." "I have only done my duty, I have never done anything for California."(g)


(f) "For once," he exclaimed, "I have been outwitted. That Yankee alcalde has not only got my hinges for nothing, but $2 besides. I would have tried the cala- boose but for the infernal fleas."


(g) One present, whispering to a friend, remarked : "Yes, but he has done something for Monterey's citi- zens, for the old man has appointed nearly the whole town to office, and that is why they are kicking up such a fuss now."


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HISTORICAL AND BIOGRAPHICAL RECORD.


The town council, liberally expending $600 from the city's treasury, believed, no doubt, that "the flourishing city of Monterey," as Carson called it, could easily afford the amount. During thirteen months, sixty-seven vessels anchored in the bay, fifty of the number being merchantmen, and landed their cargoes. The duties of custom alone exceeded $25,000. Great improvements had been made by Lieutenant Ord at the fort on the hill. It was rebuilt with heavy logs, sur- rounded with a palisade of stakes, and mounted with several heavy cannon taken from the men- of-war. In 1848 twenty-seven houses were built, the famous Dickerson house, the first brick build- ing in California, still standing, having been erected in September, 1847.(h) The Washing- ton hotel, famous as the headquarters of the army and navy, was built in 1840 by Albert Tres- cony, and it was in use as a hotel until 1880.(i)


As a business point, Monterey was engaged in trade and traffic many years before the interior of the territory was even settled, Yerba Buena being her only rival. Noticing this subject in another chapter, I will here record a few of the pioneer traders of early days, W. E. P. Hartnell and David Spence being the first two. These two men located in the town in 1822, both of them as agents of Begg & Co., England, dealers in hides and tallow. Jacob Primer Leese became a resident in 1833, but soon afterward removed to Yerba Buena, he being a partner with William Hinkley and Nathan Spear. Thomas O. Larkin arrived in 1839 and established quite a large mer- cantile business. Appointed United States consul in 1844, he transferred to Talbot H. Green for


(h) George D. Dickerson built the little dwelling for his family, consisting of a wife, two daughters and a son. The two girls were the belles of Monterey. Dick- erson went to the gold mines and then to Stockton, and in that city the two girls were married, the first mar- riages in that city. One daughter and the son are now living at Half Moon Bay; the oldest daughter, Mrs. Lawrey, has two children (Mrs. W. D. Hill, of Salinas, and Mrs. Hollenbeck, of Pacific Grove) and is living at the city last named.


(i) The hotel, which is fifty feet in width and over two hundred feet in length, was built of adobe, ob- tained from the rear of the San Carlos Church, the trees which were cut down to make way for the build- ing being used in the support of the roof. The building would accommodate over a hundred lodgers and after the gold discovery it became the gambling headquarters of the town.


three years his business, warehouse and $10,000 worth of goods. A Frenchman, Albert Trescony, traveling horseback from Mexico, located in Monterey in 1840 and opened a tin store. After the discovery of gold he made a large amount of money making gold pans and he hauled several ox-team loads to the mines. John T. Romie arrived in the following year and began selling goods. Joseph Boston, a druggist, reached Mon- terey in 1848, in charge of supplies for "Uncle Sam's boys," and two years later, visiting New York, he returned with a $60,000 stock. He opened a branch store with E. L. Williams as a partner in Santa Cruz. Pedro Zabala was a merchant of 1849, continuing in business for eight years. Jose M. Soto, a Peruvian, in 1857 not only sold goods, but delivered merchandise with his mule teams. C. V. Lacey, a wheelwright and blacksmith, in 1858 began making wagons, and in 1863 Michael Hughes, a son of "Old Ire- land," established a harness shop.


In 1864 Monterey had among its merchants: Curtis A. Canovan, Lewis Little, William La- Porte and Polinsky & Co .; its clergymen, Juan B. Commellos and A. C. McDougall; its phy- sicians, J. D. Callahan, A. S. Canfield and Y. O. Larte. Thomas G. Lambert, a retired sea cap- tain, settled in Monterey in 1869, and the lumber firm of Lambert & Snively was established. M. E. Gonzales, a native born, in 1868, then twenty years of age, entered into partnership with Polinsky & Co. Herman J. Printz arriving in Monterey in 1872 began the manufacture of the cars of the Monterey & Salinas Railroad. There were a few lawyers, and Colton said in 1847, "We have three lawyers here at this time, and they are as full of legal acuteness as the lancet cup of a phlebotomist." These three lawyers were Charles T. Botts, Pacificus Ord and Louis Dent, and all three represented Monterey in the constitutional convention. Josiah Merritt opened a law office and became the first county judge. Bancroft's hand book gives the following lawyers in 1864 : Delos R. Ashley, P. K. Woodside, Josiah Merritt, D. S. Gregory and John B. Phillips. Samuel F. Geil came in 1863 and he practiced in Salinas until his death.


Gen. Bennett Riley arrived at Monterey in


.


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HISTORICAL AND BIOGRAPHICAL RECORD.


April, 1849, in command of a brigade of six hun- dred and fifty men, with instructions from the secretary of war "to assume the administration of civil affairs in California, not as military gov- ernor, but as the executive of the existing civil government." The citizens of the state strongly opposed his assuming any such authority without their consent, and they finally induced him to call a constitutional convention for the purpose of organizing a state government.


The general divided the territory into ten dis- tricts, for the purpose of electing delegates to the constitutional convention, and called an election August Ist for said purpose, Monterey being en- titled to five delegates. The district sent as her representatives, Thomas O. Larkin; the United States consul; Henry W. Halleck, Secretary of State under Riley; Charles T. Botts, afterward state printer ; Louis Dent, brother-in-law of Gen. U. S. Grant; Henry Hill; Pacificus Ord, who arrived on the first steamer ; and Jacinto Roder- iguez, a native-born Spaniard. The four dele- gates first named were among the brightest and most active-in the constitutional work, and on the slavery question ; Botts strongly favored it, while Halleck as strongly opposed its admission.


In the transportation of delegates, General Riley sent the steamer Edith to bring the South- ern members, and on her way up she was wrecked, her passengers landing safely, however. The northern delegates chartered the brig Fre- mont from San Francisco, and she barely escaped the same fate as the steamer. From the interior the delegates were compelled to ride to Monterey horseback, carrying their blankets with them.


This organic body assembled in Colton Hall(i) September Ist, the only building in the territory large enough for this purpose, and elected Robert Semple, proprietor of the "Californian," as presi- dent of the convention, he being opposed to slav- ery.


The closing hours, October 13, 1849, were, perhaps, among the most interesting and exciting in the history of Monterey. They had been danc- ing all night in the hall (the first State ball), and


tired and sleepy, they assembled at I o'clock to finish their work, the signing of their names to the Constitution. On the hill stood Captain Burton, awaiting the signal, and as the first name was signed, the booming cannon announced the birth of California, and the stars and stripes were given to the breeze from the seven ships in the harbor, the custom house and the fort. Captain Sutter, as the first shot was heard, jumped from his seat exclaiming, "Gentlemen, this is the hap- piest day of my life," and closing his short speech, he sat down his eyes filled with tears. Each delegate signed his name to the constitution and as the thirty-first gun was fired, they all shouted "That's for California"! The conven- tion adjourned, and marching in a body to the headquarters of General Riley, they tendered him their respects for his assistance and co-operation in the work, "and the whole people appreciate the services you have rendered our common country." The general in reply said, "This is a prouder day than when my soldiers cheered me at Contreras. I am satisfied that the people have done right in selecting delegates to frame a constitution. * * I wish you all happiness and prosperity." Cheers were then given for Riley and Halleck, and the convention became a record of history.


The convention declared that state elections should be held November 13th for an election of state officers and the ratification or rejection of the constitution. There were no political parties and no political meetings; each voter voted for his favorite candidate regardless of his political opinions, and John M. Burnett being the most popular candidate throughout the state as well as in Monterey, was elected governor. The follow- ing is the vote of Monterey district ; Burnett 181, William Sherwood 152, John M. Sutter 30 votes. They elected Selim E. Woodward ( whose father wrote "The Old Oaken Bucket") as senator and John S. Gray assemblyman.


The first legislature assembled in San Jose, December 15, 1849, but the legislators were so dissatisfied with the legislative buildings and their accommodations that Senator Woodward, hoping to make a point for his home town, moved that the building committee report a bill removing the seat of government to some other point. The


(j) George Bertold, a cobbler, who died July 24, 1909, bequeathed $10,000 to Monterey to beautify the grounds of Colton Hall.


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bill passed, and the progressive city of Monterey, through its town council, agreed to give the legislature the free use of all of their public buildings for five years for legislative purposes, stating incidentally that in their capitol all of the rooms contained comfortable fireplaces. Later the citizens tendered them all the land necessary for public buildings, together with one thousand acres for a "botanical garden or model farm." Monterey's native son, General Vallejo, outbid all other competitors, and by a vote of the peo- ple, October 7, 1850, they declared Vallejo the capital. There were sixteen bidders, the five highest receiving votes as follows :


Vallejo, 7.747 ; San Jose, 1,292; Reed's propo- sition, San Jose, 651 ; Monterey, 399; Eureka, 301 ; Sacramento, 160. The legislature, Febru- ary 18, 1850, created the county of Monterey and they elected as county officials: William Roach sheriff, J. B. Wall treasurer, William Bowen assessor, Charles H. St. John district at- torney, and Josiah Merritt county judge.


Monterey time and again has been called a sleeping town, even by her own citizens, and one of them said in early days: "This city still wears


the green and yellow of deep-hued dullness. The Spanish don takes his afternoon siesta in peace, and the prowling wolf dog roams through the silent avenues and streets of this ancient capital of the Californias; the whitened skulls of myriads of bullocks speak to the weary trav- eler of a people that once thrived, and of the good old time when the tangible, in the shape of a circulating medium, was bars of soap and bales of bullocks' hides." Daniel O'Connell, poetically expressing the same thought, declared :


"In a mantle of old traditions, In the ruin of a vanished day, The shrouded and silent city Sits by her crescent bay." But no longer is she


"Behind in the march of cities, The last of the eager stride Of villages later born."


On May 26, 1909, the citizens, by a vote of 506 to 50, voted for a $150,000 bond issue for progress and improvements in streets, bridges, waterways, sewers, fire apparatus and roads.


CHAPTER V. CRIMINAL EVENTS.


C ALIFORNIA in 1849-50 was in some re- spects very unfortunate, for in the great tide of immigration that swept through the Golden Gate there were hundreds of crim- inals, some fleeing from justice, others eager to again engage in their criminal careers. They came from every nation of the earth and from every state in the Union, and they were guilty of every grade of crime, from that of forgery to murder. Many of them. assuming false names, became leading officials and prominent citizens, and one of the best known men of Monterey, Talbot H. Green, was later recog- nized in San Francisco as Paul Geddys, a bank forger, who had fled from Philadelphia.


The great body of criminals, as a rule, car- ried on their nefarious work in the densely popu-


lated and wealthiest districts, but Monterey coun- ty was not free from the criminal class. In fact, she had hundreds of disreputable characters, vagabonds and convicts forced upon her long before the interior of the state was settled. The Mexican government for several years made Monterey the dumping ground for her worth- less class, and in 1825 the brig Morelos brought eighteen convicts ; in 1828 nearly fifty more were sent to penal servitude in Alta California, and in December, 1829, the Maria Ester arrived with seventy-seven convicts. Nearly every governor that came to Monterey brought with him a large number of worthless persons under the name of soldiers, and Micheltorena brought several hun- dred in his army, many of them being recruits from prisons and jails. The better class of citi-


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zens protested time and again against this crim- inal immigration, but their remonstrances were of no avail.


The crimes which caused the county to run in blood were not confined to the Mexicans alone, but the Indians for several years, led by white men, caused the peaceful citizens loss of property and fear of death. Thefts of horses and cattle were numerous, and for the poor Indian there certainly was some excuse, as the white man had driven him from land and food supply, and he was either compelled to steal or starve.


One of these Indian raids was reported in April, 1850, by Senator Selim E. Woodward, he stating that April 4th the Indians had en- tered Monterey and stolen every horse from the stables. In other raids of a similar character three ranchers had been killed in San Luis Obis- po, and another rancho at Soledad, while trying to save their stock. The ranchers at San An- tonio were so alarmed they hastened to the mis- sion and prepared it for a siege, anticipating an attack. Nearly every horse in the county was stolen, and there were not enough animals re- maining to pursue the thieves. In the following year, so frequent were these crimes, a military company was organized to bring the criminals to justice.


One of the greatest of these villains was "Three-Fingered Jack," a lieutenant under Joa- quin Murietta. Jack was well known in Monte- rey, and he was one of the worst of desperadoes, having been engaged in the cruel and barbarous mutilation of Cowie and Ford in Sonoma coun- ty. Two of the secret retreats or rendezvous of this outlaw band were in Monterey county, one six miles northeast of Soledad, the other some eighteen miles northwest of Jolon.




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