History of Alameda County, California : including its geology, topography, soil, and productions, Part 50

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

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Another life was sacrificed on July 27, 1870, on this occasion at the Haywards Trotting Park; the victim and principal being two youthful jockeys. It would appear that they were skylarking or playing when Charles Roos drew a pistol and shot John McCue through the head, for which he was tried at the following session of the County Court and acquitted, the grounds taken being that the shooting had no malicious intent. Of this case the Grand Jury for the September term, 1870, in their report speak in the following words: "The Grand Jury cannot but feel the hardship imposed by their finding against the boy Charles Roos, for murder in the second degree While the evidence by which we were compelled to decide this case, left no alterna- tive to our action, we cannot but observe a serious deficiency in our criminal law, which threatens not only the punishment of mature felons, but a child of the tender age of from twelve to fourteen years, whose education has been neglected and who needs instruction and information rather than punishment. The hardening compan- ionship of the State Prison can only confirm him in a life-long career of crime. Such cases ought to be sent to an Industrial School; and since the abolition of the institu- tion formerly located at Marysville, we would suggest that the next Legislature be called upon to make some other provision for the reformation of juvenile offenders throughout the State."

Smr

Maillard

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CRIMINAL HISTORY OF THE COUNTY.

On July 17, 1870, John Ignacio was killed by Joaquin Silva, who was indicted on the 23d September, but there are no documents on file to show whether he was convicted or not.

The following diabolical deed, illustrative of the blood-thirsty character of the Indian, which occurred in Washington Township, is gathered from the columns of the Alameda County Gazette, of November 12, 1870: "On the evening of Thursday, the 10th instant, an Indian woman, supposed to be insane, named Anistaba, killed her daughter, aged ten years, the child of a 'greaser' (who was himself killed about three years ago at Gilroy), and a man named Cohuacho, a native of Sonora, Mexico, aged about forty years. The killing was done with an ax, in a house near the Alviso hills, where the woman had been put by her Indian friends for safe-keeping, and the man, Cohuacho, set to watch her. From the surroundings it appears that the woman took the man by surprise, in the house, his head being chopped and smashed to a jelly. The body of the little girl was found in a swamp near by, with the head mangled in the same way as the man's. Dr. Yates, who held the inquest upon the bodies, says the sight was an exceedingly horrible one. After the killing the woman wandered from the house, and was not found until the following Friday evening; she was then discovered at an Indian house, at Baylis' Mills. When she presented herself to the inmates of this house she appeared to be drunk. Her head was covered with gashes, more than a dozen in number, which were evidently self-inflicted, and her clothes clotted with blood from head to foot. Constable Trefry, of Centreville, lodged the woman in the County Jail yesterday morning, to which she was committed by the acting Justice. Since the commission of the crime she has acted as a perfectly sane per- son, except when she first appeared at the house at the mills. Before the arrest she acknowledged the murder, and gave as her motive a desire to kill herself, as she had no way of making her living. Violent deaths run among these people-the last hus- band of this woman having been killed, a few weeks ago, in a drunken row, by an Indian." At the January term of the County Court, 1871, Anistaba was duly indicted, and the cause transferred to the Third District Court.

On November 11, 1870, Joaquin Augusta was convicted of murder in the second degree and sentenced to eleven years in the State Prison, but who his victim was the records do not show, the only documents' on file being a copy of the judgment and a subpæna.

1871 .-- On the evening of January 10, 1871, ex-Supervisor Thomas Scott, a store- keeper at Suñol, and several other persons, among them Otto Ludovisci, Mr. Scott's clerk, were sitting in the store engaged in conversation. The place is a wild-looking, lonesome locality, and as there were many lawless characters prowling about the neighborhood, the doors of the store were usually kept locked after dark, and custom- ers who visited the establishment for supplies had only to rap to gain admittance. Some time during the evening mentioned above, a knock was heard at the front door. It was answered by the clerk, who, upon opening it, was confronted by three men, among whom was a notorious Mexican named Juan Soto, with bandages over the lower part of their faces to disguise themselves. They entered, and, paying no atten- tion to the other inmates, attacked the clerk and shot him, inflicting a wound from which

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HISTORY OF ALAMEDA COUNTY, CALIFORNIA.

he died shortly afterwards. The murderers at once cleared out, and being all well mounted escaped pursuit, but before leaving helped themselves to sixty-five dollars in cash from the till. On the next day Harry Morse was at their heels. He first pro- ceeded to San José, visited the New Almaden Mines, scoured the country as far south as the Pacheco Pass, and penetrated into Merced County, but with no success. However, a colony of Mexicans, all armed and desperate characters, had been dis- covered in the Panoche Mountains by Sheriff Harris, of Santa Clara, and from among their number had taken an escaped convict from his county. This information he imparted to Sheriff Morse, but in the mean time the band had dispersed. Intelli- gence, however, was soon received by Morse of the whereabouts of some of the gang, and, therefore, without delay, accompanied by Sheriff Harris and Constable Winchell, of San José, and a small party of trusty men, he made for the Panoche Mountains. The exact position having been obtained from certain guides procured, three houses, near to each other, wherein they lay, were pointed out, therefore it became necessary to divide the party, to make a search so that all-within should be arrested. Accom- panied by Winchell, Morse proceeded into one of the houses, unfortunately, however, leaving his Henry rifle slung on the horn of his saddle, and there found, seated at a table with three others, Juan Soto, the murderer of Ludovisci. He was unprepared for so sudden a rencontre, but determined at once to secure his man, therefore, draw- ing his revolver, he called upon the Mexican to "throw up his hands," covering him with his pistol as he spoke. No response came to this command. Thrice was it repeated and thrice was it defiantly ignored. Morse now, keeping his eye steadily fixed upon the murderer, produced a pair of handcuffs, which, throwing upon the table, he directed his companion to place upon Soto's wrists; but at this critical moment a large, muscular female sprang from behind upon the Sheriff, seized his right arm in a vise-like grip, his left was clutched by a man who was near, while, quick as thought, seeing Morse thus encumbered, Soto leapt from where he stood at bay to a position behind a companion and drew his pistol. Minutes now became momentous, and a struggle for life lay before the officers. With a prodigious effort Morse threw off his assailants, and fired his pistol at the bandit's head, but only car- ried away his hat. Juan now retaliated. The Sheriff thereupon made a dash for the door, succeeded in making a safe exit, but on turning a corner found himself looking down the barrel of his opponent's pistol. Both now discharged their weapons at each other, the outlaw's shot being in advance, and how he missed is strange, for he was reputed a "dead shot." Four times were shots exchanged without a casualty, but now a bullet from Morse's revolver struck that of Soto, which it is believed so numbed his arm that he at once made for the house.

While beating this hasty retreat, Winchell appeared on the scene, armed with a double-barreled shot-gun, heavily loaded with shot, and commenced a fusilade upon the vanishing figure of the outlaw, but without effect. Morse then ran for and secured his Henry rifle. In the interval Soto had been indulging in a little habilita- tion, in the shape of putting his blue soldier's overcoat on the back of a companion. This effected, both ran for a saddled horse, hitched to a tree standing opposite the house, and Sheriff Harris was about to fire at the blue-coated runner, when he was hailed by Morse, that a ruse had been perpetrated, and thus checked his fire. Fate

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seemed to be against the bandit on that fatal 12th of May. At the juncture last mentioned Soto's horse broke away from him, and while in the act of running to another, which stood ready at a little distance, a bullet from Morse's "Henry" hit his right shoulder. With this he turned around with demoniacal resolve in his eyes. Holding a revolver in either hand he boldly advanced to meet his enemy, the Sheriff. This was no time for parley: Morse raised his rifle, a cloud of smoke, a report, and the desperado lay stretched upon the ground shot through the brain, and once more was the gallows cheated of its proper prey.

The entire party of desperadoes was afterwards captured, at their headquarters, close by, and among them was found the notorious cattle-thief, Gonzales, who had escaped from the Santa Cruz prison only a short time previously.

Soto, as we have already stated, was a large and powerful man, a complete type of the traditional Mexican bandit, with long, black hair, heavy, bushy eyebrows, large eyes of an undefined color, with, altogether, a tigerish aspect. He had served two terms in the State Prison, and was generally regarded as the most formidable and desperate character living on this coast. He was known to all the Mexican inhabit- ants in the lower counties, and was held in such dread that few or none of them dared to offend him or make known his hiding-places. It appears that, like many other celebrated men of his class, he at length fell a victim to the ruling passion of mankind, having come from the rendezvous to visit certain seductive señoritas in that secluded valley, where he had the ill-luck to encounter the redoubtable and vengeful Harry Morse. The rest of the gang had returned to headquarters, leaving the hapless chieftain to the society of his lady-love. It must be said for the dare-devil of the mountains that he made one of the most gallant fights on record, and fell in a conflict with a foeman worthy of his lion-like courage. The Sheriff, having secured his splendid black horse, and his three formidable revolvers, left him to be buried by his Mexican friends, who through the fight manifested very little excite- ment, and seemed to regard the bloody work as an incident of their wild life. The old women made some little outcry, but the girls manifested the utmost composure.

Too much praise cannot be awarded to Sheriff Morse for this capture. In it he distinguished himself by one of the most desperate and daring acts that has ever been performed in the history of detective work on the Pacific Coast, and his own life was preserved only by the manifestation of astonishing self-possession and pres- ence of mind. It so happened that circumstances placed him in the focus of danger, out of reach of his companions, where he had to rely wholly upon that steadfast courage and steadiness of nerve which have given him deserved celebrity among the foremost detective officers of the country. He had previously been through many perilous adventures among the more desperate characters of California, but we sup- pose this hand-to-hand and long-continued conflict with the chief of the brigands was the most exciting and desperate of all.

In regard to the foregoing it may be mentioned that during the month of March, 1873, one Bartolo Sepulveda, against whom there had been a warrant out for two years, accusing him of being concerned in the murder of Ludovisci, came to San Leandro and delivered himself up to Sheriff Morse, demanding a trial to exonerate himself from the charge. He was duly indicted, twice tried, and sentenced by Judge McKee to imprisonment for life in the State Prison.

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HISTORY OF ALAMEDA COUNTY, CALIFORNIA.

On January 16, 1871, a man named Hiscock, a hunter, was murdered by Ramon Amador, near Pleasanton, Murray Township. Amador had beguiled his victim into the chaparral in search of deer that the scoundrel had informed him were in that neighborhood, when, being previously possessed of a gun belonging to Hiscock, he deliberately discharged its contents into the back and head of his victim. After a vigilant search he was captured, and admitted the killing, but said it was in self- defense. Amador was duly indicted, tried, July 20th, found guilty, and sentenced to be hanged, which was carried into execution September 9, 1871.

On February 17, 1871, a man named Zelotus Reed was shot and killed by F. W. Clarke, at a ranch in the foot-hills near Ocean View, about seven miles from Oakland, in the township of that name. The following statement of the crime is taken from the columns of the Oakland News: For a long time past the case of Gustave Mahe vs. John Reynolds has been progressing, involving the title of about eighteen settlers to a portion of the Peralta Rancho, at Cardoneces Creek, commonly known as the Williamson property. Final judgment was at last obtained, and a writ of assistance was issued and placed in the hand of Sheriff Morse for service. In many instances the settlers acknowledged the title that had been judicially established and took leases of the property they had occupied, which were given on nominal terms. One of those who refused to recognize the title was the deceased, Reed, and by virtue of the writ of assistance the Sheriff ejected him and placed H. K. W. Clarke, the actual owner, in possession. Mr. Clarke, in turn, placed his son, F. W. Clarke, a young man about twenty-seven years of age, in charge of the premises. When Reed was ejected, on Thursday (February 16th), he said that he was " prepared to shed his blood; that it should flow as freely as water," etc., in the presence of Mr. Clarke and his son. They were at the time informed that Reed was a dangerous man, as we learn from the friends of young Clarke. At the time of the ejectment a large quantity of personal property belonging to Reed was on the premises, and he was told to come the next day and take it off. On Friday he went to the premises occupied by Clarke and proceeded to load on his wagon the property belonging to him, and which he had permission to remove. He was told to put it all on the wagon and not to return. He paid no attention to this, except to reply that he would do as he pleased. About half-past two in the afternoon he approached the premises in a wagon, he being seated, but a man of the name of Charles Huntsman was standing. When about to enter the inclosure Clarke told them to keep off, saying that he had possession and would not be disturbed in it. Reed entered a portion of the premises and occupied a small building in defiance of Clarke, saying that he was able to take care of himself and could shoot as well as anybody else. They told him to shoot if he wanted to, and continued their course. Clarke had a four-barreled Sharpe's pistol, and he dis- charged the contents of one of the barrels, probably at Huntsman, no harm being done. Three other shots were fired, and two of them. took effect on Reed, who fell back, saying, " I am killed !" Huntsman immediately summoned the nearest physi- cian, hastened to Oakland and notified the police, who apprehended Clarke and a man named C. F. Waite, who was with him. Reed, who was shot through the heart, was a middle-aged, single man, who had made his home with Williamson, working for his board, for several years, and is represented to have been usually quiet and peaceable.

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CRIMINAL HISTORY OF THE COUNTY.

Justice Lentell held a Coroner's inquest on the body of the deceased on the fol- lowing Saturday, when the accompanying verdict was returned :-

We, the undersigned, the jurors summoned to appear before James Lentell, acting Coroner of the county of Alameda, on the 18th day of February, 1871, to inquire into the cause of the death of Zelotus Reed, who was killed on Williamson's Ranch, having been duly sworn according to law, and having made such inquisitions, after inspecting the body and hearing the testimony adduced, upon our oath, each and all do say that we find the deceased was named Zelotus Reed, aged about forty-six or forty-seven years; that he came to his death on the 17th day of February, 1871, in this county; and we further find that we believe F. W. Clarke to be the person by whose act the death of the said Zelotus Reed was occasioned, by shooting him, the said Reed, with pistol- shot, killing him; and we further believe that Charles F. Waite was accessory thereto; all of which we duly certify by this inquisition in writing, by us signed this 18th day of February, 1871.

WILLIAM GRAHAM, SILVANUS WHITE, JOSEPH FALLON,

A. RAMMELSBERG, CHARLES CARL,

WALTER BLAIR, G. A. WARREN.

On February 21st, a preliminary examination was had before Judge Jayne of the Police Court, Oakland, which continued for no less than five days, there being a great amount of legal talent arrayed on the contending sides. The prosecution was conducted by District Attorney Wright, aided by City Attorney Havens, Zach Mont- gomery, and W. W. Foote; the defense being in the hands of Harvey S. Brown, Blake & Van Voorhies, W. H. Glascock, and Alexander Campbell. At the conclusion of the inquiry, Judge Jayne delivered the following judgment :-

I have listened attentively to every word of the testimony, and have studied over it by night as well as by day, and can come to a conclusion now. I find from the evidence adduced in the examination, that a crime has been committed as charged in the complaint, and that there is sufficient cause to believe the defendant, Frederick W. Clarke, guilty thereof. It is ordered that he be committed to the Sheriff of Alameda County. In regard to the defendant, Waite, I considered his evidence against himself to be the clearest of all the evidence brought forward, except as to the statement by Huntsman that he saw him show a weapon before the shooting. He does not seem to attempt to screen his friend. I am constrained to believe that he has narrated the transaction as he believes it to be. I believe that he has told the truth. There is no evidence to charge him with being accessory. He is therefore discharged.

On February 28, 1871, Clarke was brought before Judge Crockett of the Supreme Court upon a writ of habeas corpus, when the prisoner was admitted to bail in the sum of thirty thousand dollars, and at the following term of the County Court in April, 1871, the case was submitted to a Grand Jury composed of W. G. Hunt, Fore- man; Robert Carr, C. P. Hanson, F. Garcia, F. Devoll, C. B. Rutherford, A. Chabot, J. A. Folger, E. Gallagher, Fred. Runkle, David Scully, W. A. Bray, H. F. Shepardson, W. Benitz, who ignored the bill, whereupon the defendant was discharged and his bail exonerated.

This decision of the Grand Jury produced marked wonder among citizens; their conduct was vehemently denounced by the press, and the District Attorney, S. P. Wright, was loudly condemned. In refutation he appeared in print answering his traducers. He stated that the case for the people had been presented in as clear and lucid a manner as it well could be; that they had the testimony untrammeled of a large number of witnesses that the defendant produced before the committing magis- trate, as to the general reputation of the deceased. He observed: "When I left the Grand Jury-room, and as I was closing the door after me, I heard some one of the Grand Jurors say, 'I move to ignore the bill;' and, hearing such a motion as that, I felt

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HISTORY OF ALAMEDA COUNTY, CALIFORNIA.

indignant, as the defendant, under the evidence, in my opinion, ought to have been indicted."

The District Attorney forthwith applied to the Court for an order to resubmit the case to another Grand Jury, there appearing in favor of the application, Mr. Wright, and against it, Harvey S. Brown, H. K. W. Clarke, William Van Voorhies, and George M. Blake. Judge Nye, in his decision stated that the points in favor of the motion made by the District Attorney were not sustained, but the Judge discovered a point not there raised, viz., that the jury erred in listening to the testimony of the defend- ant, Clarke, and remarks in the opinion, after quoting from the Criminal Practice Act:

The defendant then becomes a competent witness only after indictment found or complaint made or other pro- ceedings instituted, and the issue of fact made by a plea interposed and upon trial of the issue. Wherefore, the Grand Jury erred in hearing the defendant as a witness.

It is suggested that the latter point was not made by the prosecution and no argument had thereon, and that the resubmission be had without argument as to that point, and some showing formerly made by the District Attorney. Reserving a decision on this point, I will permit the District Attorney to make such showing further as he may see fit, and hear arguments thereon on the first day of the next term, Court being now about to adjourn.

At this subsequent term Judge Nye made an order resubmitting the case to the Grand Jury, from which the defendant appealed to the Supreme Court, who held that the order was not appealable. The case was again submitted by the County Judge, when the defendant sued out a writ of review before Judge Dwinelle, who held the case for about two years without rendering a decision, until the press and the public became so clamorous about it that he at length dismissed the writ and the case went before another Grand Jury, which in turn also ignored the bill.

Of this cause ceiébre, Mr. Halley, who edited a paper in Oakland about this time, says: "There was a great deal of feeling in this case, not only in Alameda County, but outside of it. It was presumed that the wealth of the accused and his social posi- tion had much to do with his escape; it was charged that he received the favor of the legal fraternity; that his father was a lawyer; that members of the judiciary became his bondsmen; that the Supreme Court Judges favored him; that all the land-grabbers in the country gathered around him; that Horace W. Carpentier had used his wealth and influence unsparingly for his protection; and all because the man who was slain had in his capacity, as a settler on some disputed lands in Contra Costa County, rendered himself obnoxious to these parties in defending his own and his neighbors' rights against their encroachments.

" Much space is given here to this celebrated case, because it is looked upon as one to be ever held up as an example, showing the danger to life and liberty, even under our free and popular system of government, when certain influences are allowed to be exercised. Indeed, the whole affair is looked upon as marvelous, and such as not to be credited only that the evidence of it is so recent, and all the facts are so patent, with what assiduity and ability the mind must have worked and the hand directed, that produced such extraordinary results and defeated justice, shielding a a culprit and threw the darkest shades of suspicion on the machinery of the law!"

We are sorry to state that later on it will be our painful duty to once more refer to F. W. Clarke, upon whom suspicion rested as having been in some manner concerned in the death of a relative.

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CRIMINAL HISTORY OF THE COUNTY.

And yet another homicide occurred in the year 1871. On the 26th of March, William Powers, in a drunken quarrel that occurred on the Haas place, about six miles east of Haywards, "on the divide," stabbed and killed a Norwegian named Nelson Larsen. At the Coroner's inquest held before Justice of the Peace Graham, the jury returned the following verdict in accordance with the facts adduced :-

We the undersigned, convened as jurors to hold an inquest on a dead body, do find as follows, viz .: That the body is that of one Larsen; that his age was about forty-seven years; nativity, Norway; and that he came to his death on the 26th of March, at Haas' Ranch, in Eden Township, from a wound inflicted by a knife in the hands of one William Powers.

At the April term of the County Court, 1871, the murderer was tried, convicted, and sentenced to thirteen years imprisonment in the State Prison.

On June 15, 1871, a man who went by the name of " Dutch Frank" alias Michael Frendar , shot and killed Edward Lavin, on the Dublin Road, in Eden Vale, about a mile and a half from Haywards: The cause of quarrel between the men, who were neighbors, was a trivial one, and may be shortly described as follows: Frendar had accused Lavin's son of stealing one of his chickens, and caught him roughly, when his father went to the rescue. Taking hold of Frendar he stigmatized him as "an old thief," following the expression with coarse and abusive language, finally striking him on the neck. With an imprecation Frendar raised a gun which he carried, and fired at Lavin, who staggering fell, and while falling received another shot from Frendar. The culprit gave himself up to the authorities, was subsequently tried, found guilty of murder in the second degree on July 21st, and sentenced to fifteen years imprison- ment in San Quentin, but in 1872 was pardoned.

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History of Alameda County, California : including its geology, topography, soil, and productions, Part 50

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