History of Alameda County, California : including its geology, topography, soil, and productions, Part 49

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 49

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

At the July term, 1867, Charles M. Diel was indicted for the crime of assault with intent to murder, committed at Centreville upon the person of William Neal, whom he wounded above the hip no less than three times, on June 28, 1867. He was tried, found guilty, and sentenced to imprisonment for one year in the State Prison.

At the January term, 1867, John Hyde was indicted for beating one Manley on October 23, 1866, so that he died on the following day; while, at the September term, a man named Hill was indicted for beating to death with a club an individual called Manuel, on August 8, 1867. Hill was tried, found guilty of manslaughter and, Novem- ber IIth, sentenced to seven years imprisonment at San Quentin.

On October 3, 1867, about two o'clock in the morning, several persons were engaged in a game of poker in Greavenor's saloon at Haywards, when a dispute arose, and one of the party, a Chileno, named Narrato Ponce, left the room, and shortly after returned with a pistol, which he pointed at those present, and, firing, eventu- ally shot Lewis Joy in the left side, the ball passing through the lung and body and lodging in the right arm. He then walked a few steps into an adjoining room and fell dead. As soon as the firing commenced the lights were extinguished, and under cover of the darkness the slayer effected his escape, leaving his horse behind him in the corral. The redoubtable Sheriff, Harry Morse, was soon placed in full informa- tion of the dastardly deed, and kept a sharp lookout for the Chileno, but it was not until late in the month of October that he had any reliable information as to whither he had fled. This intelligence was at last received: it was that Ponce had made his retreat to the mountainous regions of Murray Township at the back of Livermore Valley. On November Ist, Officer Conway, of Oakland, who, having obtained authority from the Mayor and Marshal of the city, joined Sheriff Morse, and both proceeded to Dublin, in the Amador Valley, where, leaving their buggy, thence started on horseback for the place where the murderer was supposed to be concealed. Sheriff Morse was in possession of secret information that during that night the Chileno would pass down a by-road and into the telegraph or main traveled

346

HISTORY OF ALAMEDA COUNTY, CALIFORNIA.

road for the purpose of escaping to the lower country. The Sheriff and Officer Con- way accordingly took positions at the gate leading into the by-path, in the shadow of a hay-stack, there to await the coming of their man. About half-past nine o'clock horse's footsteps were heard coming up on the gallop, when the Sheriff recognized the voice of the murderer and a companion. The officers had the gate tied so as to prevent his escape. The Chileno opened the gate, tied it, and came towards the offi- cers. When he got within ten feet of Sheriff Morse the latter drew a shot-gun and ordered him to stop, which he refused to do, but turned his horse round quickly and started back, only to be met by Officer Conway, who leveled a six-shooter and com- menced firing at him, Sheriff Morse having discharged a load of buck-shot at the murderer, striking him in the back, the Chileno drew his revolver and banged away twice at Conway without effect. With the last shot fired by Conway, Ponce fell from his horse; but he was not so badly wounded as to prevent his running on foot down alongside the fence. Conway had to go back to the hay-stack after his Henry rifle, which took him a little time, thus enabling the murderer to hide himself in the dark- ness. Sheriff Morse fired three shots; Conway five, his last missing fire. The officers hunted about for their quarry in the darkness until two o'clock in the morning, but could find no traces of him. When daylight came they made a further search up towards the hills, having employed eight or ten Mexicans to aid them, and discovered the Chileno's coat completely riddled with buck-shot and balls. Half a mile from where this garment was found his boots were picked up, which, for some reason or other, Ponce had pulled off and left. The murderer's horse, a small Mexican mare, was wounded in the thigh, and was not worth bringing away.

Nothing further was heard of Narrato Ponce until the 7th of November, when Sheriff Morse received a letter from Sheriff Classen, of Contra Costa County, inform- ing him that if he repaired to Martinez he would give him information as to the whereabouts of him whom they sought. At eight o'clock the energetic Morse was at the rendezvous, prompt and prepared. The intelligence received was that Ponce was supposed to be in Cisco, Placer County. For Cisco, Morse started, accompanied by Deputy Sheriff Swain, of Contra Costa County. The intention was to take steam- boat for Sacramento at Antioch, and to that place they proceeded. Here they learned that instead of being at Cisco, Narrato was concealed in Rigg's Cañon, near Monte Diablo. To reach the place designated they had to return, by boat, to San Francisco, cross from there to San Leandro, where, taking saddle-horses, they proceeded to the Black Hills, north of Livermore Valley. Officer Conway, of Oak- land, again accompanied the gallant Sheriff from San Leandro, and at eleven o'clock at night the party arrived at the cañon specified. They at once surrounded the house where the murderer was supposed to be concealed, but no further action was taken until break of day. When dawn came a thorough search failed to discover the object of their solicitude, and scouting parties in the hills brought no tidings save the dis- covery of his hiding-place, where he had been in the habit of concealing himself before his first skirmish with the Sheriff.

At this juncture they met an old native, who, upon being examined and threat- ened, conveyed the information that Narrato's hiding-place at that particular time was near the bay, at Pinole. A rapid return was made to San Leandro; from there

347

CRIMINAL HISTORY OF THE COUNTY.

they went to San Francisco, where they took passage for Martinez, the place to which they had originally set out. On the following morning they started for Pinole, which is eleven miles south of Martinez and seven east of San Pablo. They searched all the houses through the valley as they went. Arriving at the house of one José Rojos they saw a man on the mountain side with a bundle on one arm and a shot- gun on the other, whom they thought might be the person they were looking for. Con- way and Swain went into the house with instructions to let no one out until Morse had ascertained who it was that was on the hill-side. At the moment of the Sheriff getting to the hill, he heard Swain cry out, "He's here," and directly thereafter was heard the report of a pistol-shot. Morse immediately directed his horse to the house on a run, when he discovered Narrato Ponce running away, trying to escape from the officers, who were shooting after him as rapidly as possible. A ravine inter- vening, Morse had to dismount. He immediately called upon the fugitive to stop and lay down a pistol he carried in his right hand, but the latter paid no attention to this command and kept on running, endeavoring to make good his escape. A shot from Conway here struck him in the right hand, causing him to change his weapon to the other, with which he kept his pursuers covered. Finding that the villain was determined not to be taken alive, the Sheriff concluded to finish the affair, he therefore sent four shots from his Henry rifle after him, and all failing, a fifth was dispatched, and found its billet, sending him forward on his face, in which posi- tion he died, his pistol being firmly clinched in his hand. His body was removed and a Coroner's jury summoned, who returned the following verdict :-

We the jury, summoned by A. F. Dyer, Justice of the Peace, acting Coroner, to inquire into the cause of the death of the man now before us, do find that deceased came to his death by a gun-shot wound in the upper portion of his abdomen, passing through the intestine and coming out on the left side. We find that the name of the deceased is Narrato Ponce, a native of Chili, about thirty-five years of age. We are of the opinion that the shot was fired by H. N. Morse, Sheriff of Alameda County, while endeavoring to arrest deceased on a charge of murder.

(Signed) N. L. LESTER, Foreman. C. MURTA, GEORGE HANKS,' E. HOBBLE,

JOSEPH GARCIA, E. MARICH.

A reward of five hundred dollars was offered by Governor Low for the arrest and conviction of Narrato, a sum hardly sufficient to compensate the officers for the expense, trouble, and danger to which they were put in ridding the State of a des- perado said to be the superior in criminality of the famous Joaquin Murietta.

While scouting among the hills in search of Ponce, Sheriff Morse discovered an old offender named Antonio Martinez alias Jesus Torres, an ex-convict, who had been evading the officers for. six months previously. There were several charges against him-one at Sonoma and one at Santa Clara. Not long previously he was reported as having been shot by an officer who was trying to arrest him in Monterey for cattle-stealing; while, it was said, he was one of the gang that committed the Pacific Street robbery in San Francisco about three years before. When he was taken nto custody he denied his identity to the Sheriff, but when brought into the presence of Conway and Swain, whom he knew, he lost courage and acknowledged. He was taken to San Leandro, from whence he was sent to Sonoma County, to answer the demands of justice.

348

HISTORY OF ALAMEDA COUNTY, CALIFORNIA.

Among the profoundest sensations of this year was the murder of Officer Rich- ardson in Oakland. On October 22, 1867, complaint was made in the Police Court that John Thomas, as principal, and his wife Margaret, as accessory, had shot and killed R. B. Richardson, on that date, on block No. 113, situated at the corner of Ninth and Castro Streets, in the city of Oakland.

The account of this affair is substantially as follows: The man Thomas, an old negro, had been living for some time upon a small lot of land near Market-street ' Station, the property of General Wright, who, Thomas claimed, had given him per- mission to occupy the land until they should meet again. General Wright was drowned on the ill-fated Brother Jonathan, and upon this quasi title Thomas held possession. He was generally accounted a peaceable man, being of a religious turn, and occasionally preaching to his colored brethren. Some parties had been trying to gain possession of a portion of the lot in question, and a man who was on the ground for some purpose was driven off by Thomas with a shot-gun. The party thus expelled procured on his oath a warrant for the arrest of Thomas, which was placed in the hands of Officer Richardson, who proceeded to serve it. The report of a pistol coming from the house of Thomas shortly after drew a crowd to the spot, where the officer was found dead, lying on his back, his feet on the door-step and a ghastly wound in his throat, caused by a charge of shot that had severed the carotid artery producing almost instant death. It is supposed that the negro met him at the door shooting him down before he had time to defend himself.

Thomas was arrested and hurried to the jail at San Leandro, as rumors of lynching were rife. The shooting was done with an old-fashioned double-barreled pistol, one barrel of which remained loaded, filled nearly to the muzzle with bullets, inferentially showing the nature of the shot that nearly decapitated the unfortunate officer. Richard B. Richardson had been a member of the police force of the city of Oakland for about three years, is described as a fine specimen of manhood, tall, and of commanding presence, and of fearless courage in the discharge of his duties. His social qualities were on a par with his physique and personal popularity, and had made him a prominent candidate for the office of City Marshal. He was but thirty- five years of age, had just built a home for himself, where, with his wife and three little ones, he was about entering upon the happiness and comfort of accruing indepen- dence, when his life was cut short by the red hand of murder.

Upon the case coming up for trial a change of venue was asked and denied, the cause being transferred from the County to the District Court; but, March 23, 1868, the death of the defendant was announced in Court, and the case dismissed in con- sequence.

1868 .- On March 4, 1868, Henry Crieger was found murdered in the hills at the back of Haywards, for which crime a saloon-keeper of that town was apprehended on suspicion, but, on examination, no evidence was forthcoming to connect him with the deed, he was therefore discharged.

On September 20, 1868, Joseph Newell shot with a pistol Morgan Layton, from the effects of which he died on the 26th of the same month. The slayer was indicted at the January Term, 1869, tried, found guilty of manslaughter, and sen- tenced to five years imprisonment in the State Prison.

349

CRIMINAL HISTORY OF THE COUNTY.

In this year Alameda County furnishes one of the most remarkable cases of mistaken identity on record. Sheriff Morse arrested a man named John Slack, in San Luis Obispo County, in the month of May, supposing him to have murdered, thirteen years before, a son of Don Antonio Suñol, in the valley which bears his name. The story is thus narrated in the San Leandro Gazette, of May 30, 1868 :-

" Most of the old residents about Mission San José, and many of our readers, will remember the circumstances of the killing of young Suñol, on account of some land difficulty; the attempted arrest by the Sheriff; the resistance of the murderer, and his escape and disappearance. This occurred in the spring of 1855. Twelve years passed, and no clue to Wilson's whereabouts could be obtained. About a year ago, a Spaniard, who had been acquainted with the parties, while passing through the 'lower country,' saw at San Luis Obispo a man whom he took to be Wilson, and on returning informed the friends of Suñol of the fact. About two months since the matter was put into the hands of Sheriff Morse to be worked up. The Sheriff immediately set at work. He at once ascertained the whereabouts of the man, cor- responded with the officers of the county, who quietly made inquiries and informed Morse of the result. Everything pointed to this man. The necessary warrant was taken out, and the Sheriff started for San Luis Obispo, to make the arrest. On making the arrest some little show of resistance was made by the father-in-law of the prisoner, but he was soon quieted. On examination of his charge the Sheriff was more confident than ever that he had his man. The description was perfect- the height, complexion, color of the hair and eyes were the same. The prisoner had the same stoop of the shoulders, downcast look, and restless eye that characterized Wilson, and the absence of a tooth from the corner of his mouth. He was brought to San Leandro and placed in jail, although he protested and insisted that his name was Slack, and not Wilson. He stated that in the spring of 1855 he was at work in the mines; that subsequently he removed to San José, where he was at work on a ranch till the spring of 1860, when he went to Monterey County with a drove of cattle; and finally located in San Luis Obispo, where he resided till the time of his arrest. Upon the examination of Slack before Judge Nye, on Monday, the 18th instant, two witnesses, one a brother of the murdered man, swore positively that Slack and Wilson were the same person. Other witnesses thought they were the same, but were not positive. One of these latter was present when the murder was committed. When the prose- cution closed the case seemed strong against the prisoner. The accused had three witnesses; one a Mr. Jameson, of Santa Clara County, who swore that he brought Slack across the plains from Missouri in the fall of 1854, and knew of his whereabouts in the spring of 1855, at the time the deed for which he was arrested was committed. A gentleman residing in San Francisco, named Cooksie, swore that he knew the accused in Missouri, and had known him from childhood; that his name was Slack, and that he always bore a good character. A Mr. Eaton, living in San Francisco, testified that he knew the prisoner in the spring of 1855; that his name was Slack; that they worked together that spring in the mines at Coon Hill, between Mud Springs and Diamond Springs, near Placerville, El Dorado County; that he had met Slack in Santa Clara in 1860. When the defense closed the prosecution asked for a postponement until the following Saturday, for the purpose of procuring the atten-

350

HISTORY OF ALAMEDA COUNTY, CALIFORNIA.

dance of an important witness, whose whereabouts had been ascertained since the commencement of the examination. The motion was granted. On the reopening of the examination on Saturday, two other witnesses were examined for the prosecu- tion. One testified that this was the man Wilson. A woman who was called as a witness said that the prisoner was not Wilson; that Wilson had lost two front teeth; that she knew they were front teeth from the fact that on one occasion in conversa- tion Wilson told her that he had lost his teeth in a fight with a grizzly bear, but did not know whether they were from the upper or lower jaw, or from the front or the corner of the mouth. The former witness had sworn that Wilson had lost one or two teeth. The prisoner showed that he had had a tooth pulled, about a year before, at San Luis Obispo. After the summing up by the respective attorneys, Judge Nye decided that the evidence was insufficient, and discharged the prisoner."

On the night of June 29, 1868, another bloody affray occurred, a circumstance which would appear to have been more than ordinarily common in this year. It would appear that two Mexicans, named Lazra Higuerra and Rafael Altamareno, got into a dispute over a game of cards in Laddsville, Murray Township, and from words came to blows, when the former drew a knife and made a deadly assault upon the latter, cutting him about the face and almost severing his arm above the elbow. At this stage Agatone Ruis interfered, telling Higuerra not to kill Altama- reno, but so infuriated was he that he turned upon Ruis, who was compelled to shoot him in self-defense, three shots taking effect, one through the breast, another through the arm, and the third through the neck, causing him to become so weak that he could not be removed by Sheriff Morse.

Another affair of this nature occurred at Laddsville, about a month later, under the following circumstances: On Sunday, August 9, 1868, a man named Hyde, a des- perate character, came into Ladd's Hotel, in the Livermore Valley, and demanded a drink, but being already under the influence of liquor, he was refused the beverage he sought by the proprietor. He then stepped behind the counter, and seizing a large water-pitcher struck Ladd on the head, cutting an ugly gash upon the temple. This blow he followed with another from a lager-beer-jug. Ladd, however, managed to grapple with him, but being no match for so powerful an adversary was thrown down to the ground and held there. At this juncture the bar-keeper of the establish- ment came upon the scene, but failing in his endeavors to separate the combatants, proceeded to procure assistance, which he found in the person of two Mexicans, with whom he returned. As they entered, the report of two pistols was heard, and on pull- ing Hyde off Ladd, they found he held a pistol in one hand, his finger on the trigger, and Ladd clutching it by the middle. Hyde was found to be shot in the abdomen, and, from the effects of the wound, died on the following day. During an examina- tion into the cause of the man's death before Justice Kottinger, Ladd stated that after being struck with the pitcher, he remembered nothing until the firing of the pistol brought him to his senses, and then he thought that he himself was the victim of the shot. A statement was made by another who had that day heard Hyde say he would " have a man for his supper" that night, and went into Ladd's house with the delib- erate intention of killing Ladd, who, when he was down, had turned away the muzzle from his own breast towards that of Hyde, when the latter pulling the trigger shot

351

CRIMINAL HISTORY OF THE COUNTY.

himself, Ladd's hand being considerably lacerated by the powder. The death hav- ing been the result of a scuffle in self-defense, Ladd of course was discharged. The man Hyde is he whom we have shown above killed the mulatto barber named Manley, at Mission San José in October, 1866.

An attempt was made on the 6th October of this year, by two men named Jack- son and Mann, who were in prison, to escape, in doing which they ineffectually tried to overpower Under Sheriff Borein, who, however, made a determined resistance, and whose cries fortunately brought assistance. Mr. Borein managed to keep firm hold of Jackson, but Mann contrived to get clear, but was soon captured. The story goes that among the prominent pursuers was District Attorney Gilchrist, who seized an old pistol, the same with which Thomas had shot Officer Richardson in Oakland. When Mann beheld the noble attorney armed with an old pistol, which had probably not been loaded for many years, he cried out with fear and trembling-" Don't shoot; for God's sake, don't shoot!" Thus he was taken, and the normal quiet of the prison and the excited community restored.

On September 20, 1868, two men named Lighton and Newell had a dispute over a dog-fight, in Castro Valley, at the rear of Haywards, Eden Township, when the latter shot the former through the head with a pistol, causing a wound from the effects of which he died on the 26th of the same month. Newell immediately thereafter mounting a horse escaped. So soon as this discovery was made the indefatigable Harry Morse was on his track, accompanied by Constable Morehouse (now a member of the State Board of Equalization). The extent of the search made for the murderer may be imagined when we mention that upwards of two hundred miles of country were covered. To no avail they ransacked the coal-mines of Contra Costa and Alameda. After being absent for a considerable period they returned and now heard of Newell's whereabouts in the southern country and were once more in chase. Following him through deserts and over sierras, sometimes hearing of him, and again losing all trace of him, they at 'last came across the decomposed remains of his defunct quadruped, and subsequently met the man himself flying false colors as a workman on the Los Angeles and Anaheim Railroad. The Sheriff arrived with him at San Leandro on the 7th November, where he was lodged in prison, subsequently tried, convicted, and sentenced to six years imprisonment in the State Prison.

1869 .- Early in this year another shooting affair occurred at Laddsville, but one which showed no criminal intent. A man named John Alty shot a Spaniard who was trying to force an entrance one night into a stable where he slept. He told him several times to go away, which he declined to do, he then shot him, the ball tak- ing effect in one of the arms, and in a few days he died from the effects of the wound. Alty, after giving bail to appear, was dismissed by the Grand Jury.

A notorious desperado and thief, named S. F. Robinson, was arrested by Sheriff Morse, on April 5, 1869, in Palmyras Cañon, on the charge of stealing a set of harness from the barn of Thomas Livingston, San Lorenzo; while on June 6th, Patrick Glancy was arrested on a warrant from the Coroner's Court, dated the same day, for causing the death of Robert Lightbody, but what the result of this was, farther than he was admitted to bail in one thousand dollars, we have been unable to trace. The same

352

HISTORY OF ALAMEDA COUNTY, CALIFORNIA.

remark bears on the case of Jesus Paredas and two others, names unknown, who were indicted January 7, 1870, for entering the house of Joshua Wahab, on the evening of October 5, 1869, and severely wounding him with a pistol.

1870 .- In the month of May of this year, Sheriff Morse, accompanied by Con- stable Morehouse, captured a Californian named Jesus Tejada, who had been charged with being a participant in a dreadful crime in San Joaquin County, about twenty miles from Stockton, on December 9, 1869. He and a number of others, belonging to the same band, brutally and in cold blood, murdered a man named Frank Medina, an Italian store-keeper, his clerk, two Mexicans, and a negro on the occasion referred to, and then escaped. Sheriff Morse was commissioned with the arrest. About the latter part of April he received information that led him to believe that Tejada, one of the murderers, was encamped with a band of outlaws in the mountains, about one hundred miles south of Ellis Station, and with his companion started in pursuit. They found the band alluded to, but could not identify their man, and had to return. Subsequently, having received further information, they again proceeded to effect the arrest and in the night-time made a descent upon the outlaws' hiding-place, when within a few hundred yards of the spot where Tejada and four companions were sleeping, the officers came upon a sentinel that had been posted to warn the sleepers of the approach of danger. The sentry, on perceiving the officers, started for the tree where the murderer lay in the arms of Morpheus, but the Sheriff and his aids overhauled him before he could give the alarm. Creeping up softly, they got within a few feet of the party, and getting their rifles in position called upon them to sur- render. Tejada in surprise and consternation threw up his hands, evidently aware that he was the object sought. He was handcuffed and the officers took him off, leaving the others to their reflections. Tejada wa; about twenty-four years of age, and six feet in height.

Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.

History of Alameda County, California : including its geology, topography, soil, and productions, Part 49

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