History of Alameda County, California : including its geology, topography, soil, and productions, Part 87

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 87

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OAKLAND TOWNSHIP-CITY OF OAKLAND.

decision of certain suits brought by Edward and Rodmond Gibbons, John C. Hays, and others for the recovery of moneys paid as taxes to the town of Oakland, and which are still pending in the Supreme Court. But for these vexatious suits the moneys would doubtless have been long since paid over and applied by the city to its convenient uses. A portion of the taxes for this year were collected in warrants drawn on the City Treasurer, which, as that officer informs me, have been turned over to the Treasurer and duly canceled. And I am happy to be able to state that the bonds of the defaulting officer are amply sufficient to cover the entire sum embezzled and are signed by well-known and responsible citizens. It will be for the City Council to take such steps as they may deem prudent in the premises, and I recommend that measures be taken without delay to secure the arrest and conviction of the offender." Upon learning of the malfeasance, and in accordance with the Mayor's suggestion, the Council then passed the following :-

WHEREAS, It has appeared to the Council that JOHN HOGAN, City Marshal and Tax Collector, of the city of Oakland, has absconded from the city, and it as believed, the State, with funds belonging to the city, therefore,

Resolved, That the sum of two thousand dollars is offered for the apprehension of the said Hogan and the delivery of his body to any Constable or Sheriff in the County of Alameda, State of California.

This resolution was published in the papers of San Francisco and surrounding counties. In the meantime a special Committee of three was appointed to investigate his affairs, with power to employ counsel to aid them in endeavoring to recover either from his effects, or from his sureties, the amount of their obligations caused by his absconding; it was therefore, January 10, 1855,

Resolved, That S. B. McKee be employed as Counsel for the city of Oakland to confer with the Committee appointed to investigate the matters relating to the absconding of the late Marshal, HOGAN, and take such steps and legal proceedings which said Committee will think proper.

Here we will let the matter rest for the present.

On November 11, 1854, Mayor Carpentier vetoes the ordinance entitled, “ An Ordinance for reducing the Assessment upon the Lots and Blocks owned by John C. Hays, John Caperton, Edward Jones, William B. Dameron, the Heirs of J. A. Cost, James M. Goggin, J. M. Calleyo, Joseph Black, and Joseph K. Irving, deceased," and gives very lengthy reasons for so doing; while, on December 9th, in accordance with a resolution calling upon the City Marshal to make a report on the taxes collected by him, the following was presented :---

Amount of taxes received this fiscal year, 1854-55, amount in full to the sum of. $9,430 69

The amount of scrip received for taxes. 3,307 30

Cash paid the City Treasurer. 600 00

Paid E. R. Carpentier, by order of Council. 200 00

My legal fees for collecting. . 843 07

$4,950 37

$4,480 32

We do not know how these figures were obtained, but the above is a verbatim copy of the entry as it appears on the minutes of the Council. The Marshal goes on to say: "There now remains in my hands belonging to the city, collected this fiscal year, 1854-55, to the amount of four thousand four hundred and eighty dollars and eighty-two cents." On January 27, 1855, the City Treasurer makes his report, which is referred to the Finance Committee, who, on reporting upon it, together with the 40

618

HISTORY OF ALAMEDA COUNTY, CALIFORNIA.

auditing of the account and charges set forth in said report, as well as the financial affairs of the city submitted: "That on the 30th day of January, A. D. 1855, said Committee served a written notice on the Clerk and Treasurer, J. R. Dunglison, requesting and requiring him to meet said Committee on the 30th day of January, A. D. 1855, at one o'clock, P. M., at the Council Room, for the purpose of investigating the financial condition of the city, and the inspection of vouchers (if any) for the accounts and charges set forth in said report.

" SECTION TWO .- That said Dunglison, Treasurer and Clerk, refused to meet said Committee, alleging as a cause that he would not meet said Committee if A. D. Eames, Chairman of said Committee, should be there, and for further excuse said he had business in San Francisco, wherefore your Committee could not make the investigation required. Your Committee would further say that they met this after- noon for the purpose of making the investigations above mentioned and requested said Clerk and Treasurer to meet said Committee, but he refused, so that your Com- mittee could not inspect the books and record, and consequently are unable to make the report desired. The Committee also accompany this report with the amount of' receipts given by said Treasurer to John Hogan, late City Marshal, for moneys, which are said to be in his handwriting." Mr. Dunglison was thereupon suspended from office.

By a 'singular oversight at Washington, Oakland was excluded from the postal routes in California, and although a post-office was early established, the mail service was, even in 1854, kept up by private subscription: this mistake, however, was soon rectified until now she is well served in that particular.

On Saturday, September 16, 1854, The Contra Costa, a newspaper published by J. R. Dunglison & Co., and edited by Mrs. S. M. Clarke, made its first appearance. From its columns we glean that a duel was fought in the environs of Clinton, on the morning of September 21, 1854, between Messrs. Dorsey and Bevin, of Los Angeles, both of whom were wounded. It would appear that Sheriff Simmons, of Oakland, had been informed of the intended meeting but did not arrive in time to prevent the exchange of shots. He afterwards arrested some of the parties and took them before Justice Ferris of Oakland; but no one appearing against them they were discharged. Indeed, this was the day of duels, for not long after the meeting mentioned above an affair of honor was had between Achilles Kewen and Colonel Woodlief. The weapons used were rifles, and the latter was shot through the heart. The origin of the affair was as follows: On the evening of Thursday, November 8, 1854, Mr. Kewen, at the time not perfectly sober, was engaged in a little war of words with an acquaintance in the

Blue Wing" saloon. The acquaintance said he was a Know-nothing: Kewen said that, for himself, he was the son of an Irishman. The other replied that he was none the better for that; to which Kewen replied that his father fought at the battle of New Orleans. The other asked, which side? At this Kewen got angry, and was speaking in a violent tone, when Colonel Woodlief came up (they were friends) and led him away, saying, he was wrong, to which Kewen retorted that he was not. Wood- lief repeated the expression; Kewen said he was not, and he would consider a repeti- tion of the assertion an insult; Colonel Woodlief repeated it, and Kewen, raising his hand, gave his friend a slight blow upon the mouth. The next morning Woodlief

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sent a challenge; Kewen sent it back with a straightforward apology upon it. Wood- lief refused to accept it, saying that the offense was given in public and the apology, to be satisfactory, must be given in public likewise. Kewen refused to give a public apology, and hence the duel. Colonel Woodlief, who came to California in 1849, was born in Greenville County, Virginia, from whence he moved to Texas twenty years before. He was a Colonel in the Texan army, was subsequently one of the Texan Rangers, and during the Mexican War accompanied the American army as a volunteer. He had been engaged in many duels, being often desperately wounded. At the time of his death, he carried three bullets in his body. He left a wife, who accompanied him as far as Oakland on his last and fatal journey.

In November, 1854, the Right Reverend Bishop Kip made arrangements to have Dr. Carter's large and commodious hall fitted up as a temporary Episcopal church, and perform the duties of pastor himself. The building was located on Broadway. Saint John's Episcopal Church, however, was organized in June, 1852, and is the oldest church foundation in the city, except the Roman Catholic. Let us briefly tell the history of that structure. In 1852, when Oakland was less than a village, having but half a dozen houses in it, two Episcopalian families met and worshiped unitedly, and thus continued till a member of one of the families fell dangerously ill, when the little coterie ceased to meet. About a year later, the Rev. Dr. Ver Mehr, then Rector of Grace Church, San Francisco, visited Oakland, and a meeting of twelve persons was with difficulty convened. Towards the close of the year 1853, an Episcopal clergy- man, Rev. Mr. Morgan, appeared on a bright Sunday morning and read the prayers and preached under the branches of one of Oakland's shady trees, with a glad zeal, reminding us of apostolic times, when the people of Antioch, in Pisidia, begged Saint Paul to preach to them the same words. The next Sabbath-day the little flock in Oakland determined to have a covered church of some kind ready for the preacher ere the following Sunday. A large tent, twenty-five by seventy feet, was accordingly erected, a communion-rail put up, a temporary pulpit contrived, and a few benches arranged in the body of the tent. A cross outside designated the object of the build- ing. But when all things were ready, to the disheartenment of those who thirsted for the glad tidings of salvation, through some accident the clergyman came not. " Is there no minister present?" was the question asked by all. The Rev. Mr. Walsworth, afterwards head of the Pacific Female College, then stood up, and said, " I am a minis- ter but not an Episcopalian. I am a Presbyterian, and will preach to you if you desire me to do so." His offer was joyfully accepted and a collection of nineteen dollars taken up. Next day the tent and all the seats were bought by the Presbyterians, which was the origin of that branch of Christ's Church in Oakland, who called as their first pastor, Rev. Sam. B. Bell. Episcopacy, however, is not easily discomfited, for its "foundations are upon the holy hills," and its teachings are broad as the com- mandments of God, and are deeply planted in the hearts of its people. Another Episcopal minister, Rev. Mr. Reynolds, preached to a feeble congregation for three Sundays, and on November 15, 1854, Bishop Kip celebrated Divine service in a room provided for the purpose. It is best that Paul should plant before Apollus begins to water, and the presence of the Bishop gave at once a reality and an impulse to the discouraged work. He preached to a numerous and attentive audience, and

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HISTORY OF ALAMEDA COUNTY, CALIFORNIA.

the hopes of Episcopalians took a fresh start. A missionary to the Chinese, Rev. E. W. Syle, arrived in January, 1855, and at the request of the residents and upon the recommendation of the Bishop, became acting Rector of the embryo parish, in combi- tion with his special mission. At the regular service on Sunday morning, January 7, 1855, fourteen persons were present. The first communion was celebrated on Sunday, February 4th, when eleven persons partook of the sacred rite with the Rector. On the Ist March, a few of the residents of Oakland, viz .: Messrs. Carter, Daniell, Suewrktop, Compton, Washington, and Gallagher met and associated themselves together for the purpose of organizing the parish, and on the 5th another meeting was held at which Dr. M. Carter, E. A. Suewrktop, and Dr. R. Washington were elected Trustees of the same. The necessary papers were then forwarded to the County Clerk and the proper record made on March 27, 1855. At the Diocesan Convention held in San Francisco in May, 1855, the parish was represented by Dr. Carter and Andrew Williams, Esq. It was admitted into convention, but owing to various cir- cumstances it was not until the 8th of August following that a constitution and by- laws were finally adopted. The names of the wardens and vestry, when their full number was completed, were as follows: E. A. Suewrktop, Senior Warden; D. Carter, Junior Warden, and Clerk of the Vestry: R. Washington, Andrew Williams, and John Schander, Vestrymen. A rented room, twenty-five by thirty feet, which had been a drinking-saloon, on the southwest corner of Seventh Street and Broadway, was fitted up with chancel, benches, etc., at an expense of about one hundred and fifty dollars. This sum was liquidated by donations and subscriptions, but eighty-five dollars remained unpaid at the end of the year, on the score of the first three month's rent. The current expenses were met by collections made every Sunday. The cross over the chancel of St. John's was originally erected over the altar in this room. The Rev. Benjamin Akerly, D.D., was called as Rector of St. John's parish, March 1, 1858, since when he has ministered to its duties in such a manner as to cause him to be respected by all creeds and classes.

In the month of November, 1854, the foundation of a. Baptist Church was laid in Oakland under charge and ministerial care of the Rev. Mr. Willis, a highly finished scholar and accomplished gentleman.

1855 .- On the night of January 23, 1855, it would appear that an attempt was made to destroy the records of the city of Oakland, a proceeding that brought the City Council together on the following day, when the accompanying resolution was passed, that,

WHEREAS, An attempt was made on the night of the 23d day of January, 1855, to destroy and abstract the records of the city of Oakland, or a portion thereof, therefore be it

Resolved, That the Committee of the Whole investigate the matter, and the cause thereof, if any. That the Clerk and Treasurer of said city be instructed to assist the said Committee in all matters pertaining thereto, in his power. That said Committee report at the next meeting of the Council.

Another session was had on the 27th, when the annexed resolution was carried :-

WHEREAS, An attempt has been made to destroy the public archives of the city of Oakland and to burn the Hall of said city; therefore be it,

Resolved, That the sum of one thousand dollars is hereby offered by the city of Oakland for the arrest and conviction of the person or persons that committed the above offenses. .

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It would appear as if the records of the city were a source of great anxiety to the Aldermen of the period for, on March 31, 1855, they

Resolved, That the Clerk of this Council be, and he is hereby instructed to demand from H. W. Carpentier, and from any and all persons having possession and control thereof, the book containing the Ordinances and Pro- ceedings of the late Trustees of the town of Oakland, the Scrip Book, so called, being the records of scrip and warrants issued in behalf of the city of Oakland together with all other books and papers, records and documents, belonging to the city of Oakland, and if refused to take all necessary and legal measures for the recovery and possession thereof.

This is certainly a curious motion, for it is hard to conjecture what difficulty there should be, and why one should arise, in obtaining official archives from the head of a municipal government! On April 25th, Rev. E. J. Willis was granted the use of the " Pavilion" for Divine service. Under date April 28, 1855, we find the following example of what may be termed an unusual generosity. It would appear that an ordinance had been passed calling for tenders to supply the printing for the city, upon which H. K. W. Clarke, proprietor of the Contra Costa newspaper, sent the following communication to the Council: " I will do the advertising of the city of Oakland, during the current year, in the columns of the Contra Costa without charge?" On the same date, after a short and appropriate address, Alderman Gallagher tendered his resignation as President of the Council, when a vote of thanks was passed. The Council then proceeded to fill the position, but no choice having been made, after the sixth ballot, the election was deferred until the next meeting. On May 2d therefore, the matter was once more brought up, when Alderman Williams was declared duly elected to the Chair. Mr. Gallagher then resigned from the Council, when he stated (by letter) his cause for leaving to be that his business being entirely located in San Francisco, and the difficulty of intercommunication being so great, that he could not properly attend to his duties on the Council. On his retirement being accepted the following resolution was adopted :-

WHEREAS, The HON. ED. GALLAGHER, late President of the Council, has tendered his resignation as Member of this Council, and,

WHEREAS, Said Gallagher, by his efficient services in the Council, has secured the approbation of his fellow. Councilmen and of the public; therefore be it

Resolved, That we only echo the public sentiments of our constituents, when we tender to our late colleague, ALDERMAN GALLAGHER, our cordial and sincere thanks for his able, honest, and faithful services to the public while a member of the Board.

Resolved, That the best wishes of this Council be tendered to ALDERMAN GALLAGHER for his future health and happiness.

Resolved, That a copy of these resolutions, signed by the I'resident and Clerk, be transmitted to ALDERMAN GALLAGHER, by the Clerk of this Board.

On August 8, 1855, the following salaries and allowances were fixed: Clerk and Treasurer, fifty dollars per month; the Assessor, for assessing city of Oakland and taking census of children, two hundred and fifty dollars; the Marshal and Collector for collecting city taxes, five per cent. on the amount collected and paid into the Treasury according to charter; Inspectors, Judges, and Clerks of election, five dol- lars per day; Teachers of Public Schools (male department) eighty dollars per month; Teachers of Public Schools (female department) eighty dollars per month; while November 4th, the salaries of Funded Debt Commissioners were stated at two hundred and fifty dollars each.

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HISTORY OF ALAMEDA COUNTY, CALIFORNIA.

On January 30, 1855, between the hours of one and three in the morning, George W. Sheldon was taken from the hands of the civil authorities in the city of Oakland across the bridge into Clinton and there cruelly murdered by an excited and outraged multitude. The facts of this disgraceful affair are these: On the night of Sunday, January 28th, Edward M. Tuttle had a valuable horse stolen from Kelsey's stable in Oakland. Some time during the following day the animal was discovered by a milkman looking for some cows that were adrift, concealed and under lock and key in a shanty, situated in a secluded and unfrequented place about half a mile distant from the stable whence he was stolen. The milkman immediately acquainted the owner of the horse of the discovery he had made. Mr. Tuttle with Frank K. Mitchell, taking with them Constable Kelsey and three or four neighbors, proceeded early in the evening to the shanty, where they found the horse as represented. They took the precaution of entering the hovel through an opening which they effected in the rear of the building, carefully closing the aperture after them. Between eight and nine o'clock they perceived two men approaching the building where they were concealed. On reaching the door they stopped for a moment, apparently to see if they were unobserved, when Sheldon (who was by his voice immediately recognized by those within) remarked to his companion, "It is all right!" He then hastily unlocked and opened the door, and, stepping in, saw the figure of a man standing before him. At this unexpected apparition, Sheldon started, but recollecting himself, he exclaimed, "How are you, Kelsey! I know'd you was here!" Getting no response, he continued. "Damn it, why don't you answer? You needn't be afraid."

Kelsey was not the man addressed. The constable then stepped forward, arrested Sheldon, and commanded those with him to take his companion, who proved to be one Nathan Parker, familiarly known as Bob Parker. The constable took the two prisoners to the office of Justice Ferris, before whom the warrant was returnable. Sheldon expressed a wish that the case might be examined before some other Justice of the Peace, therefore he was transferred to Justice Marier. The case came on for examination before Marier on the following day, the 30th, when the facts as above stated were developed by the testimony. The statement of the prisoners themselves, as given before the Court, did not materially differ from the evidence on the part of the prosecution. Justice Marier thereupon held them to answer to the Court of Ses- sions, fixing the bail at three thousand dollars each, in default of which they were committed to the "lock-up," until they could be taken to San Francisco Jail-then used as the jail of Alameda County. The prisoners were returned to the calaboose at one o'clock.

Soon an excitement began to be noticeable, and summary punishment was pub- licly talked of. Towards evening the indignation had greatly increased, and threats were openly made that the prisoners should be "strung up." Some citizens advised the immediate removal of the prisoners to San Francisco, and the Marshal went so far as to unmoor his boat and station it off the wharf, in order to facilitate the removal, but Constable Kelsey was so confident that no attempt would be made to rescue the prisoners, or, if there was such, it could be successfully resisted, that he declined assistance and decided to keep the men under his charge until the morning. To one of the prisoners the promised morning never dawned! The constable kept a small

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OAKLAND TOWNSHIP-CITY OF OAKLAND.

body of citizens about the "lock-up." There was a good deal of excitement through the city during the evening, but no large assembling of people was visible, and the impression becoming quite general that no rescue would be attempted, the lieges generally retired to rest. Those who resided in the vicinity of the prison were, about two o'clock, startled by the horrible cry of "Murder! Murder!" issuing from the vicinity of the "lock-up." The prisoners were in the hands of the mob, who, numbering from fifty to seventy-five men, all armed with revolvers, came upon and overpowered the guard, beat in the door, seized the prisoners, and, almost as quick as thought, were moving in order towards the bridge connecting Oakland with Clinton. The mob took the prisoners across the bridge into Clinton, and, selecting one of the finest oaks, prepared to suspend Sheldon from its branches. He was called upon to confess, but declined. The rope was drawn up, so that his feet just touched the ground, when he was again called upon to make a confession. He again declined. Again the mob drew him up, so that his toes barely touched the ground. He refused to say anything that would tend to implicate either himself or others. The mob becoming tired of these experiments finally, with a sharp tug, drew him up about three feet from the ground, and in a few minutes he was a corpse.

Sheldon, after recovering from the effects of his first seizure, was cool and collected to the last. He had, once before, been in the hands of the same mob, and was let off on his promise of future good behavior. After he was thus summarily executed, the other prisoner, Parker, was led up in front of him, and asked to make confession, which, to some extent, he did, implicating strongly several parties before suspected. The mob becoming satisfied that Parker had been the tool of others in the business of stealing, and more fool than rogue, admonished him to leave the county forthwith, and made him the bearer of a "notice to quit" to several others by him implicated. The mob having accomplished what they deemed their part of the business, dispersed and dis- appeared as suddenly as they came, leaving the civil authorities to go through the farce of holding an inquest, and finding a verdict of "Death by hanging."

Among the noticeable improvements in the city of Oakland, in the year 1855, was the opening of a drygoods store, with a city-like aspect, in the same building with Dr. Washington's apothecary shop; at the corner of Broadway and Second Street, by Mr. Gallagher, who was also Postmaster. This store, we are informed, was looked upon with wonder by an amazed and admiring population. It was a veritable piece of a city; it had none of the old curiosity-shop appearance about it, such as prints with wonderfully gay colors and immense straggling patterns on one shelf; crockeryware on another; antediluvian hats and ready-made clothing on a third; rat-traps, fiddles, drums for boys, and sugar-plums for crying babies, on a fourth; with all sorts of cooking and farming implements in corners; and a stone jar of snuff standing on the counter, by the side of a little dusty show-case filled with all sorts of nick-nacks-everything under the sun, and nothing new. Nothing of the kind, but a drygoods store fitted up with taste, and stored with articles sufficient to gratify the most ultra-æstheticism.

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History of Alameda County, California : including its geology, topography, soil, and productions, Part 87

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