History of Alameda County, California : including its geology, topography, soil, and productions, Part 48

Author: Munro-Fraser, J. P
Publication date: 1883
Publisher: Oakland, Calif. : M.W. Wood
Number of Pages: 1206

USA > California > Alameda County > History of Alameda County, California : including its geology, topography, soil, and productions > Part 48

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The brand of Cain! O God, it is upon me! For days I have wandered in the mountains, thirsting, hungering, trembling at the stir of a leaf. Yet death comes not to me. The wild beasts avoid me. The savages pass me by, and harm me not. I suffer, faint-but do not die."

How vividly has Thomas Hood been inspired to portray the feelings of a man whose hands have been imbued with a fellow-man's blood, and whose heart-throb has been stilled by one fell blow. Ay, indeed :-

And how the sprites of injured men

Shriek upward from the sod; Ay, how the ghostly hand will point

A dozen times I groaned-the dead Had never groaned but twice ! * * *

* *

To show the burial clod; II.

V. But lo! the universal air

And tell how murderers walk the earth

Seemed lit with ghastly flame-

Beneath the curse of Cain,

Ten thousand thousand dreadful eyes

With crimson clouds before their eyes,

Were looking down in blame;

And flames about their brain;

I took the dead man by his hand

For blood has left upon their souls

And called upon his name. * *

Its everlasting stain !

* *

VI. My head was like an ardent coal,

III. One that had never done me wrong-

My heart as solid ice;

A feeble man, and old;

I led him to a lonely field,

The moon shone clear and cold:

Now, here, said I, this man shall die,

And I will have his gold. IV. Two sudden blows with a ragged stick,

And first began to weep,

For I knew my secret then was one

That earth refused to keep;

And one with a heavy stone,

One hurried gash with a hasty knife-

And then the deed was done !

There was nothing lying at my foot

But lifeless flesh and bone !

My wretched, wretched soul, I knew, Was at the Devil's price; VII. Then down I cast me on my face,

Or land or sea, though he should be

Ten thousand fathoms deep. VIII. So wills the fierce avenging Sprite, Till blood atones for blood !

Indeed this love of crime is a fatality that would appear to follow the Indian into his partial civilization, the Mexican-Spaniard from his native clime, the Anglo- Saxon from his far-off land, and the Mongolian from his Flowery Kingdom. All would seem lost to the natural cry which springs alike from instinct and religion, for chilling murders are not committed by the violent and passionate alone; we might almost say, would that they were, then would the horrid deed be confined to the crouching assassin and the hellish act of suicide be the work of the insane. But human nature is various and confusing in its many failings; temper will outstrip dis- cretion, a blow will be struck, a shot fired, and life will be sacrificed, and though escape of present punishment may be effected, happily it is assured that a dread fear of detection in the future will haunt the criminal, for it is truly said, " conscience doth make cowards of us all."

1853 .- The first serious criminal act that we have been enabled to trace as having been committed in Alameda County took place shortly after its segregation from Contra Costa and Santa Clara, and was the shooting of Albert Scott.

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CRIMINAL HISTORY OF THE COUNTY.

This man was shot by Franklin Uray on September 9, 1853. From the evidence elicited before the Justice of the Peace it would appear that the parties were residents of Clinton Township. Uray being a farmer, and the land which he occupied being., in dispute. Scott was employed to guard a fence erected on Uray's claim, which the latter tore down, when a dispute ensued, resulting in the shooting of the former. The Justice of the Peace did not think the case of sufficient gravity to commit Uray for trial. On October 20, 1853, a man named Henry Colvin was shot by Frank Hale, near San Leandro Creek. From the evidence adduced it seems that the parties had been disputing, when Colvin pursued Hale with a club, striking him several times, when the latter turned round and shot him. Hale was discharged by the Justice and a verdict of " self-defense" recorded. The next case is that of the shooting of Henry Blake by Charles Martinez on August 7, 1853. At the preliminary examination had before the Justice of the Peace, bail was fixed at five hundred dollars, and from the evidence then heard it would appear that Blake and some others went to the house of Martinez, when a quarrel ensued and there the shooting took place.

1854-Among the criminal papers of the year 1854, evidence was taken before the Justice of the Peace on March 14th of shooting at Constable Carpenter by J. B. Heap. The crime took place at the "Gate House," in Clinton Township, where the constable was called to quell a disturbance, the inmates having a dance, and being all more or less drunk and disorderly. It does not appear, however, that Carpenter was hurt. On June 15, 1854, Antonio Garcia, Domingo, Marshall, and William McCoy were complained of as the murderers of William Wettig. It seems that these men had gone to the foot-hills to hunt cattle-thieves, and from the statements made in evidence by them, came upon Wettig, with freshly-killed beef upon his horse. They made accusation, which resulted in a quarrel, when one of the Spaniards, Domingo, killed him, and then made his escape. Garcia, McCoy, and Marshall were appre- hended, and the last named held to answer as an accessory before the fact. Some- where about this date George Zimmerman, Charles Wilson, and Israel C. Townley had a preliminary examination in the matter of an assault with intent to take the life of John C. Pelton, at San Leandro, the dispute being in regard to the ownership of some hogs. Wilson and Zimmerman were held to answer, bail for the former being fixed at seven hundred dollars, and one thousand for the latter.

1855 .- On July 7, 1855, we find that John Doe was indicted for the killing of John Fanning; while, at the same term, a man called "Mack" (his other name being unknown), and H. Hastings were indicted for killing Peter Rochblam, and Amada Canute, on or about the 23d or 24th August of the previous year. Among the crim- inal papers, we find the case of the People vs. Hosea (possibly meant for José) Antonio. This individual was indicted by the Grand Jury at a Special Term of the Court of Sessions, held August 17, 1855 (the minutes of the Grand Jury accompany the papers) for killing Joqquen (sic) by stabbing him in the back. The indictment was set aside on motion of defendant's counsel, Benjamin Williams, on the ground that the County Judge had no authority of law to call a Special Term of said Court. The defendant gave bonds for his appearance to answer any indictment that might be found by a regularly constituted Grand Jury.

340

HISTORY OF ALAMEDA COUNTY, CALIFORNIA.

1856-1857 .- There is now either a discontinuity in the records or a reign of terror signalized, for there appear to have been no very serious crimes committed in the county during the next two years.

1858 .- On May 10, 1858, a man named Cruz was indicted for the murder of one Frederico; was tried at the July term of the Court of Sessions and found not guilty. We also find that there was a criminal case, entitled the People vs. Francisco Routires, recorded in this year, but there are no documents on file to show what the circumstances of the affair were. A reward was offered by Governor John B. Weller, November 25th of this year, for the arrest of the murderer of Ciriaco Sacre, a Chileno, who was cruelly slain on a little island near Alvarado about eighteen months pre- viously.

1859 .- On April II, 1859, there commenced a trial for murder, before the Third District Court, at San Leandro, Judge McKee presiding, in which great public interest was manifested. The circumstances which led to the case of the people vs. Thomas Seale, took place in Santa Clara on January 6, 1859. It would appear that Seale and a family named Shore were joint proprietors of a certain portion of the Rincoñada de San Francisquito Rancho in that county. Each had bought out an interest in the ranch-Seale holding several shares and the Shores had bought out but one heir, the property remaining undivided between them. But Seale had gone on to the premises, had improved and inclosed a large body of the land, a thousand acres or more, and was in the enjoyment of it-in fact had appropriated to his own use land that was common property. On the date mentioned above, Richard E. and Paul C. Shore, assisted by a youth named Lewis, were putting up a house on these lands, when Thomas Seale and S. J. Crosby came up and an altercation ensued between Seale and Richard Shore. In the meantime there- appeared on the scene one Alexander Robb. Continuing his work, Richard Shore stepped up on a bench, when he was pitched off by Seale. Shore then ordered him to keep back, when Seale drew a pistol half-way out of his pocket. Near by, Paul C. Shore was standing leaning on the handle of an ax. Seeing him, Seale ordered him to put down the ax in very rough language, which was not complied with, when Seale made for him with the drawn pistol, he received a blow from the ax, and dropped his pistol, for which a grab was made by Crosby and Robb, Seale then drew another weapon, and firing, it took effect, the victim never afterwards speaking. Seale then went to San José and gave himself up to the authorities, while Crosby and Robb were apprehended as accessories. At the session of the Grand Jury which convened in the month of March, true bills were found against Seale and Robb, but that against Crosby was ignored. During the session of the District Court at San José, on Monday, March 28, 1859, the case of the people vs. Thomas Seale and Alexander Robb, indicted for the murder of Paul C. Shore, being set for the following day, an indiscriminate shooting affray took place, which resulted in the death of S. J. Crosby, the Coroner's jury finding that the deceased came to his death by three or more shots from pistols, by the hand of Thomas Shore or Richard Shore. But this was not the end of this bloody chapter. While the tragedy last mentioned was being performed without the Court House, one

341

CRIMINAL HISTORY OF THE COUNTY.

of a nature still more painful was being acted within. L. Posey Fergusson, a miner from Grass Valley, who visited San José to accompany an old friend home to Missouri, had entered the court-room and was listening to the proceedings, when firing was heard. Remarking, "What does that mean?" he went towards the door and got upon a bench, when a ball from the outside, after passing through planking three inches and a quarter in thickness, struck him on the breast, when he cried out to a friend named Stewart, standing by, "John, I am a dead man!" He stepped back a few paces, then sank on a bench, and died in half an hour. The Coroner's jury found that the shot had been fired by the hand of Samuel J. Crosby, at certain persons standing in front of the Court House. Under these circumstances it was deemed advisable to change the scene of trial from Santa Clara to Alameda County. After a trial lasting five days the jury failed to agree on a verdict, therefore another jury was immediately impaneled, and after three days trial the case was given to the jury, who, after occupying two days more, returned a verdict of "Not guilty."

In 1859, we ascertain from the records that Miguel Marquis was tried for the "crime of murder when, October 9th, a verdict of guilty was rendered. He was sen- tenced to be hanged on the 25th of November, but a new trial being granted, he was convicted, at the July term, of murder in the second degree and sent to the State Prison for life.

On December 2, 1859, Ventura Aipen stabbed to death Marcus Castillo, and was indicted under the name of "Ventura" at the January term following. He was tried, found guilty of manslaughter, and sentenced to two years in the State Prison.

1860 .- At the September term of the Court of Sessions Ah Path was indicted for stabbing and cutting to death, in Oakland, How Sam on September 9, 1860, the cause of quarrel being a sum of money owed Ah Path by How Sam. The slayer was tried, found guilty of murder, and sentenced to be hanged January II, 1861. Mean- while a motion for a new trial was made and denied; the case was then appealed to the Supreme Court, who affirmed the judgment of the Court below.

On November 19, 1860, Ramon Romero was indicted for the crime of murder, was tried and convicted at the November term of the District Court, 1860; found guilty and sentenced to be executed on January I, 1861; but on a new trial being granted he was acquitted, November 22, 1861. He subsequently found his way to Sacramento, where he was guilty of killing another man with a knife.

1861 .- In the Court of Sessions of the city and county of San Francisco, at the February term, 1861, James H. Hardy was indicted for aiding and abetting the killing of Samuel Newell by Horace Smith, on January 1, 1861. Motion for a new trial was made and granted and the cause transferred to Alameda County, where it was tried and a verdict of "not guilty" rendered.

At the January term of the Court of Sessions in this year, Edward W. Bonney was indicted for stabbing to death Augusto G. Hirsch on January 13, 1861. The case came to trial in July following, and on the 27th of that month a verdict of "guilty of murder in the first degree as charged in the indictment" was rendered. Motion for arrest of judgment and a new trial was made and overruled by the Court, and on

342

HISTORY OF ALAMEDA COUNTY, CALIFORNIA.

August 2d, he was sentenced to be hanged on September 7, 1861. An appeal was taken to the Supreme Court, the judgment affirmed, and date of execution again fixed for April 25, 1862, but a respite of fourteen days was granted by Governor Stanford. He was ultimately executed May 9, 1862. Both parties were residents of San Fran- cisco and had been friends. The hanging of Bonney was the first legal execution for any crime that ever took place in Alameda County. He died protesting his innocence although the evidence against him was very conclusive.

We do not learn of any blood-shedding during the year 1862, but the year fol- lowing takes up its gory legend.

1863 .- On November 12, 1863, a quarrel occurred at San Antonio (Brooklyn) which resulted in the death of Juan Andrada, a Chilean, by the hand of José Pizarro (Cosa), a Mexican. It commenced about a small bill; from words it proceeded to a hand-to-hand fight. The parties were separated by the spectators, when Pizarro went away, but returned in about half an hour armed with a bowie-knife. He found Andrada in the kitchen of Cruz Edilla, opposite the hotel then kept by Tom. Hill, - and demanding his hat from him was answered that he knew nothing about the som- brero. Pizarro then dragged Andrada through the door, when in the tussle that fol- lowed both fell to the ground from the outside platform, some three or four steps high. As they got up Pizarro stabbed his opponent with the bowie-knife under the left arm outside of the chest, running upward and slightly inward, severing the subclavian artery and vein of the arm. Andrada did not live three minutes. Pizarro was duly tried at the January term, 1864, found guilty of murder in the second degree, and on being recommended to the mercy of the Court, February 20, 1864, was sentenced to impris- onment in the State Prison for ten years.

Save the lynching of a Mexican at Alvarado on November 23, 1863, there is no further criminal record for this or the following year.

1865 .- A terrible murder occurred at San Antonio (Brooklyn) on the night of September 30, 1865. The circumstances are briefly these: A dance was being held at Louis Lerreaux's hotel. About half past eleven o'clock, Samuel S. Kennedy, a Scotchman, who had been a resident of Brooklyn for some five or six years, some- what intoxicated, approached the door-keeper and desired admission, which was refused. A Frenchman, named Cora, of San Pablo, was standing outside the door at the time, and angry words were passed between himself and Kennedy, but no blows were, at that time, exchanged. Cora crossed over the street, returning after a short time and recommenced the war of words. Taking off his hat Kennedy shoved it close up to Cora's face, when the latter returned the insult by giving the former a blow with a sling-shot, or some other dangerous weapon, on the right temple, causing him to totter and fall against the side of the house. Recovering himself Kennedy rushed towards Cora, but was so drunk that he fell flat on his face. While in this position, Cora struck him on the head several times, breaking the skull so that the brain pro- truded, and at the same time kicked him heavily in the face. Cora was perfectly sober at the time. From the effects of the wound Kennedy died two days afterwards. Cora was indicted at the January term, 1866, tried and found guilty of manslaughter,

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CRIMINAL HISTORY OF THE COUNTY.

March 2, 1866, the Judge being recommended to "give the full extent of the law." He was sentenced to three years imprisonment in the State Prison.

On September 24, 1865, José Ruparda stabbed one Rosindo, who died from the effects of the wound on October 9, 1865. The murderer was indicted in the January term, 1866, tried, found guilty of murder in the second degree, and, February 24, 1866, sentenced to thirteen years imprisonment in the State Prison.

About this period Murray and Washington townships were infested by bands of horse and cattle thieves, stock poisoners, and incendiaries, and so incessant and dar- ing were their depredations that a firm determination to put a stop to their maraud- ings was come to by the citizens. To this end a meeting was held at Centreville, April 1, 1865, when they resolved to form themselves into a Vigilance Committee, Thomas Scott being chosen President, Dr. J. M. Se.fridge, Secretary, and William Tyson, Treasurer, in addition to whom an executive committee of twelve members was appointed. A salutary effect was the immediate result of this move, causing the rogues to be more on their guard. A reward of five hundred dollars for the convic- tion of the person or persons who a short time previously poisoned a wheat-field belonging to Mr. Ellsworth, was at this time offered by the committee.

In the month of October of this year the house of Charles Garthwait, near Pleas- anton, was robbed during his absence. The burglars, however, received a warm reception from Mrs. Garthwait, who wounded one of them named Welch, who was subsequently arrested, tried, and convicted of grand larceny in the County Court and sentenced by Judge Hamilton to eighteen months imprisonment in the State Prison. Mr. Halley says he told a tale of his hardships, which, if true, entitled him to sym- pathy, and reminds one of some of the incidents in the play of the Ticket of Leave Man. Welch stated that after serving a term some time previously at San Quentin, he resolved to lead a correct life, and went honestly to work on a ranch in Santa Clara County. Pretty soon, however, some of his acquaintances, formed during the term of his confinement, came along and recognizing him threatened to "blow" on him if he did not give them money. He stood this as long as he could, but finally fled from them to avoid exposure, and went over among the Amador Hills, where he thought himself secure from his vile tormentors. He had been there but a little while when his confederates in the crime for which he was then suffering made their appearance and recognized him. They declared if he did not go with them and assist to commit the robbery they would kill him, and he yielded.

1866 .- The following particulars of a horrible murder perpetrated at Corral Hollow, are gleaned from the columns of the Alta California of May 19, 1866: Edward, or better known as "Sandy," Simpson, who was well to do, and the owner of a store on the Stockton Road, near Amador Valley, was foully murdered by two men on Friday morning the 12th instant, and it is supposed for money he had about him at the time. It seems that on last Thursday evening two men, one a black-whiskered man and the other wearing no beard, stopped at Simpson's store and requested some- thing to eat and a night's lodging, which was granted them. Next morning, at an early hour, the shepherds attached to the ranch went to attend to their daily labors. .During the day the deceased's brother discovered the body, with a horrible wound on

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HISTORY OF ALAMEDA COUNTY, CALIFORNIA.

the right side of the head, caused by a rifle-shot from the rifle of the deceased. The alarm was given, but though every effort was made to capture the assassins there is no record to show that they were ever apprehended.

A murder occurred in Murray Township, at Pleasanton, on Friday evening, August 10, 1866, the victim and the murderer being both Mexicans, the former named Ricardo, the latter Marcus Chavoya. The origin of the difficulty was a lawsuit which took place a short time before between the parties, and which occasioned ill-feeling since it transpired. The murderer surrendered himself on the day following to Sheriff Morse, at San Leandro, and also the pistol with which he committed the deed. On giving himself up to the authorities he made the following statement: On the evening in question, he said, that Ricardo, who was drunk at the time, came to his house and tried to effect an entrance by cutting through the door with a long knife with which he threatened to kill Chavoya. The latter armed himself with a revolver, opened the door and told Ricardo to go away-that he did not wish to have any quarrel with him. Ricardo refused and Chavoya fired at him twice-or, rather, in the air-so as to scare him off. Ricardo instead of retreating made a rush at Chavoya for the purpose of stabbing him, when the latter shot him fatally. He was discharged on the ground of justifiable homicide.

A mulatto barber by the name of Manley, says the San Leandro Gazette of Octo- ber 30, 1866, who was in a shop adjoining the Exchange Saloon at the Mission San José, was discovered lying in the street on Wednesday morning, near his shop, with one ear nearly severed from his head, and so terribly bruised and beaten as to be unable to speak, and he died during the day. It appears that during the previous evening some difficulty occurred between him and a young man named Hyde, at Elbridge's saloon. Manley subsequently went to his shop and to bed. About midnight, Hyde and one Griffin awoke him and endeavored to induce him to come outside, but failed. They then dragged him out and in self-defense Manley used a razor on his assailants, wounding Hyde in the abdomen and shoulder. Hyde succeeded in getting him into the street and there brutally beat him with a bottle and kicked him until, as stated, death resulted from the injuries. Hyde was arrested, and, after examination before Justice Bond, committed to await the action of the Grand Jury.

1867 .- In the July term of this year, José Guliful Choreen was indicted, tried, and acquitted of the charge of having shot and killed Amilio Higuera on June 25, 1 864.

On June 6, 1867, a fracas of a fatal character occurred at the ranch of Robert Livermore, in Livermore Valley. A Californian named Moche, who had been drink- ing heavily, made an attack with a knife upon a young man called Foscalini, who avoided him several times, but finally turned upon him and discharged his pistol at him, emptying three chambers of the weapon, each shot taking effect. Both parties were on horseback. The wounded man instantly wheeled his horse, rode away rapidly and soon disappeared. When about three miles from the place of shooting, Moche fell heavily from his horse, head foremost, to the ground, and when approached was found to be dead, his neck having been broken by the fall. It was found, how- ever, that either of the shots was sufficient to kill him. Foscalini surrendered himself,

J. A.Rose

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CRIMINAL HISTORY OF THE COUNTY.

and after an examination before Justice Mark of Pleasanton was dismissed. Moche, who was partly paralyzed, was, nevertheless, considered a desperate and dangerous man. Some ten years previous it was said he attacked a stage single-handed, and on the refusal of the driver to pull up, sent a shot from his revolver through it.

On June 30, 1867, a very tragic affair occurred at Mount Eden; a Dane, named Peter Jobson Schmidt, having murdered his sister and then shot and killed himself. Contrary to his wish, his sister, whom he had sent for to his native land some time previously, had determined to marry a young man in the neighborhood, and it seems that this drove him crazy. Schinidt was a farmer, owning one hundred and twelve acres, and unmarried, his sister keeping house for him. The poor girl made a desper- ate struggle for life, and the contest was a severe one. Two shots from his gun had entered her body; the first below her right nipple and the second in her heart. Whether the affection the man had for his sister, or the weight of his financial troubles, with which he was beset, had upset his reason, is not known; but he had formerly proved himself a man of good character. Indeed, he had previously made a will, in which he devised all his estate to his sister Jane, the girl whose life he took, and whose fate he thus horribly ended with his own.

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History of Alameda County, California : including its geology, topography, soil, and productions, Part 48

Author: Munro-Fraser, J. P Publication date: 1883 Publisher: Oakland, Calif. : M.W. Wood Number of Pages: 1206

Author: Munro-Fraser, J. P
Publication date: 1883
Publisher: Oakland, Calif. : M.W. Wood
Number of Pages: 1206