USA > California > Nevada County > History of Nevada County, California; with illustrations descriptive of its scenery, residences, public buildings, fine blocks, and manufactories > Part 24
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104
HISTORY OF NEVADA COUNTY, CALIFORNIA.
no other known to them Under these and other circuin tances the three defendants were sent to join their friend Briscoe at the penitentiary.
An extended sketch of the litigated casa at the Nevada bar would necessarily be tedious. Humorous incidents, occurring from time to time, would probably have the most interest fur the general reader There is frequently an amusing side even to the dryest legal contest The Novada county and Sacra- mento Canl Company wugel formidable battle for muy years against the South Yuba Cual Company for the prow ion of the duntu site and water right on the South Yuka river, now enjoyed by the latter After ampde preparation the case was tried by u jury and the plaintiff got one dollar dumages; but as the metion hul bern inartificially commenced years before, un judgment currying possesion of the property could be had, while the statute of limitations had barred further action This victory unuihilated the pointitf. Like Brown, in Bret Harte's Society of the Stuinslus, who was hit in the alxlomen by a chunk of old red sandstone,
" The aulaspeut proceedings interested it no more. "
If we have allowed the dust to rest on the records of many old contests, where skilfully planned attacks were met by adroit defense, und the Knights of the law covered themselves with glory, and tilled their pockets with Fees, it is not therehy intimated that the legul tournaments here were generally less interesting or less able than those elsewhere; nor is it intimated that the occasional fareical spirit displayed, and herein adverted tu, was a prevailing mood nt the Nevada bar. The distinetion which so many of its members have won in this and other communities, as shown by the slight sketch we have given of the politieul and judicial honors bestowed upon them, is a suthi- cient unswer to any such suspicion.
Neither ure the instances related of n resort to lynch hw characteristic of the early settlers of this county. The com- munity, as n rulo, were serupulously Inw abiding. Only supposed necessity for self-defense was allowed to influence towards popular punishment, and the cases where such means of ropressing crime were adopted were very few. Testimony to this is given by one of the early settlers and members of the bar, in an able address delivered in June, 1879, at the Nevada county reunion, Mr. Mazlin said :-
"Of all the noble men in the State, Nevada county possessed a largo portion of the noblest, most intellectual and best. They were foremost in organizing society upon safe and sure founda- tions. There were, and have been, less scenes of violence, less of that species of crime peculiar to newly settled communities in this than in any of the other counties in the State. The spirit of the citizens of Nevada brooked no disobedience to law. Very early men began to look upon the county as their
abidir _ place, and to build homes, and to plant gardens, trees and flowers, to erect churches and school-houses, and surround themselves with all the appliances of civilization."
The bar of Nevada county did its full share in laying broad and deep the foundations of a prosperous and enlightened com- munity. Its members were the leaders of publie thought, and behind no class in the community in public-spirited action. Many of them were trained here for wider fields of exertion, and we doubt not that, wherever the lot of these may have bren cast, they look back with interest and pleasure to the days when they were members of THE NEVADA BAR.
CHAPTER XXXL. THE COURT OF JUDGE LYNCH.
The Supremacy of the Law-Causes for Mob Violence-Whipping of Studley- Knowlton Hanged at Bridgeport-The Sandy Brown Case at Nevada City-The Indian Collo Hanged at Rough and Ready-The Negro Brown Hanged at Newtown-The Jar of Gold-Almost a Victim-Cases of Whipping.
THAT it is one of the chief functions of a government to pro- tect its citizens the one from the other, and to punish him who wilfully commits an act of violence, seems to us to be indisputa- ble; and yet the time was when this principle was not recog- mized, and there exist to-day tribes of savages so far down in the scale of civilization and so little advanced from the condi- tion of the brutes that they know no law but the law of force and no right but the right of strength. All the general gov- ernment they ever have is a combination in times of danger to repel external foes. The killing or robbing of one man by another is considered a personal or family affair, a wrong to be redressed by the injured party, and one with which the govern- ment has nothing to do. Civilized nations have for centuries held that the protection of a subject at home is as much the duty of a government, as abroad, and the punishment for crime is the means now adopted to restrain its commission, both by placing the criminal where, for a season at least, a repetition of lais offense is impossible, and by the warning of his example to stay the hand of others. The history of the evolution of this principle it is not necessary to give, nor to show that the theory upon which it is based and supported is not the same as the one which gave it birth. We now recognize the principle that the just power to punish crime and to protect society lies with the government, and that all good citizens, no matter what may be the provocation to mete out justice according to their stand- ard and as passion and power may dictate, should bow to the majesty of the law, and nphold its supremacy with an nnfal- tering hand.
In the first few years after the discovery of gold, California society was consumed by a fever; its pulse was beating wildly,
and the blood was leaping and surging through its veins; there seemed to be some latent spell lying in the glittering sand that seized upon all that approached it. The life was intense, exciting. boiling; such a people could no more act with the calm deliberation of a settled community, than could the rolling and tossing victim of a fever reason with a sage. Men acted from impulse, not from renson, and when reason is dethroned by passion or prejudice, great injustice and wrong are invaria- bly committed. The excuse the people of California have to offer for the deeds of blood that stain the pages of her early history are the newness of the community, the incongruity and cosmopolitan character of the population, and the great law of self protection. The courts were but newly and imperfectly organized; the great door of justice stood but partly ajar and grated upon its rusty hinges; the people were feverish and impatient at the delays of law, and frequently meted out pun- ishment swiftly and surely, but not always justly, for prejudice on an illegal bench and passion in the jury box are but illy caleulated to dispense even and exaet justice.
For several years a miners' court with Judge Lynch presid- ing was the favorite bar of justice to which an aggrieved per- son or community appealed, if, indeed an appeal had not first been taken to the arbitration of the revolver or bowie knife. For personal difficulties the latter was a favorite resort, but when a murder or robbery had been committed, the known or suspected guilty one was captured, a judge and jury selected and a trial procceded with in the formo, but without the sanc- tion of law. To be suspected and tried was generally equiva- lent to conviction, for with their minds warped by prejudice and passion it took but slight evidence to convince a mob jury of the guilt of a prisoner. Circumstantial evidence and even the fact that the accused looked as if he might have committed the act, weighed heavily against him. The sentence nsually passed for murder or robbery of an aggravated character was death, and for all other offenses whipping. The execution of the sentence was swift and certain, a rope was thrown over a limb of a convenient tree and many willing hands drew the struggling victim from the ground; when sentenced to be whipped a man was stripped of his elothing to his hips, bound to a tree and severely flagellated with a rope's end or merci- lessly lashed with a whip made of leather thongs; he was then untied and invited to leave. Sometimes he was branded on the face or back, so that he might be known and watched wherever he might wander. How it must have harrowed the very soul of an innocent man to wander about from place to place with the brand of infamy npon his cheek, shunned and viewed with sus- picion by all. The galling stripe and the searing brand mnight often have been applied to the back and cheek of many who were most eager to wreak vengeance npon their ill-starred victim; but Justice is blind and mob Justice is not only blind but deaf,
J.D.MEEK
DRUGS, MEDICINES, CHEMICALS, PERFUMERY,
GLASS, STATIONERY, SOAPS, BRUSHES, OILS & C.
580
TICE COLD SODA
J.D. MEEK , DRUGS, OILS & CHEMICALS. 26 MILL ST GRASS VALLEY, NEVADA CO CAL .
PSPLISHED BY THOMPSON & WEST
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HISTORY OF NEVADA COUNTY, CALIFORNIA.
blind to the evidence of innocence and daf to the appeal for mercy.
The anuals of Nevada county bear fruit few of thewsta ning I blots of non violence, nor were there s inhuman de la were committed in other portion of the State Hear were banged un women, nor were any children inmostof upon the altar of luunun pa ion So far as known, all who were jaui lof were guilty of the crime charged, though as to the degree of punishment they derved was a question upon which many opinions were heldi.
In the fall of 1850 Studley & Withers kept a store in Rough url Rendy, then rivaling Nevada City in size and importance Withers was u married mau nul had bis family living with him ut the store. A friend found a nugget of gold on Kentucky Flut, valued at 3312, and brought it to Withers to keep It was shown to a great many interested people and was kept in a drawer irhind the star counter One morning the nugget was missing, and Withers charged his partner with the theft. A civil suit was brought against. Studley before Justice W G Ross, which ended in judgment being given for the amount ed the loss. Studley's interest in the store was sold out to satisfy the judgment, and then a lot of the " hounds," headed by one Haward, and encouraged by Withers, who was the real thief, siezed Studley, tied fim to a tree und proceeded to give him tifty Inshes. While they were still laying the Inshes on their vietini's back, which was quivering and Ideeding from thirty cruel Idows, Judge E. W. Roberts and several other gentlemen rushed into the crowd, throw the men right and left and made their way to the tree. "They told the " bounds" that they should not whip an innocent man, and that the guilty thisf was Withers, who stood trembling by. By their fearless con- duet they so overnwed the men that they were able to mulind Studley and conduet him to a place of safety without opposition.
tIn the first duy of March, 1851, u mnu with a small band of mules crossed the South Yuba bridge at Bridgeport and pro- ceeded towards the Middle Yuba river. Not long after his departure a rumor lecame current in the town that the man was it thief and the mules stolen property. Three or four men. led by a determined charueter named Spur, immediately started in pursuit, nud overtook him at the Grizzly Canon House on Grizzly Chủon, fle was brought back to Bridgeport. and pre- parations were made for his trial. A miners' court was organ- ized and the man placed upon trial, which proceedings lasted four days. fle wus udjudged guilty by the mob jury, and was sentenced to be hanged on the fourth day after the decision.
So great was the interest in the case that people gathered here in great numbers, some coming from Yuba and Butte counties, and great preparations were made to enforce the execution of the sentence. To prevent a rescue at least a thousand men guarded every avenue of approach to the town
ring the four ways that were allowed the prisoner When il fateller arrival the man was pacel in a wagon with a al it ti nek ant driven upon the bridge. The rope was fa toral to a cres team of the brits the wagon hauled away. and the mu was left dangling in the air before the immense cralof spartator they had assembled. After hanging half. an hour, the lands was taken down placed in a rough box and haried on the east side of the South Yuna river
The man was of goed physique, tall and slender, with a hardest but intelligent face and was supposed to be dames Knowltar, alias Yankee Jim a noteal character. Although he was probably not guilty of the crime for which he suffered death, the per ple approved of his funging on general principles, as it is claimed that he eufessel to the commission of crimes of 1 revolting character.
Immediately after the election of the first county officers. and before the county government had gone into operation, the question of the supremacy of the law was put to a severe test The minuty officials had all taken their caths of office, the " Il Red Court House " had been provided, on the corner of Main and Church streets, but the courts had not yet been opened. The election was held on the fourth Monday in May, 1851, and about the first of June, Nevada City escaped the disgrace of u lynching scene by the courage and firmness of its newly elected officials.
F. S. Gregory, well known as a hotel man in the city, had brought with him to California a number of Negroes, and one of these, a large woman, was abusing Mrs. Gregory, on the day in question. as Alexander Brown, usually ealled Sandy Brown, was passing. Sandy was enraged at the sight of a Negro abusing u white woman, entered the house and administered a severe chastisement to her. Sandy was a sporting character, and passed down to a saloon, taking no further thought of the occurrence. Ile was met in the saloon a short time after by a man named Smith, who began to abuse him and threatened to whip him for striking a woman. In the tight which ensued, Sandy was overpowered by his opponent, and just as Smith raised him in his arms to dash him to the floor, he drew a revolver and shot his antagonist in the hip. Immediately there was great excitement, and Sandy hastened to Gregory's Hotel, and delivered himself to the newly elected Sheriff, Jolin Galla- gher, claiming protection from the mob. Men were mounted upon horses by Hurst, of Davis & Hurst, and dispatched to the mining camps in the vicinity with the intelligence that a gau- bler had shot a miner. Miners began to hasten into the city, crying vengeance, and the prospects for a hanging were at high tide. The County Judge elect, Thomas H. Caswell, was lying ill in his rooru, when he received word from the Sheriff that a mob threatened to hang a man, and asking his assistance. Judge Caswell instantly arose and went to the hotel, and taking
the pris ner by one arm, while the Sheriff grasped the other. started to convey him to the "Old Rel Court House." Passing out of the hotel in which they had been surrounded by the angry mob, they forced their way through the crowd, saying. "Make way, gentlemen, make way! This man is in the custody of the law, and we are taking him to jaif " The crowd permitted them to pass and followed them to the jail, where they became more and more demonstrative us new arrivals swelled their numbers.
Judge Buckner appeared before the crowd und addressed the people, advising them to remain quiet, as Sumdly would receive a trial, and if found guilty would be punished. The crowd shouted, "Let the Judge come out and tell us so." Accordingly Judge Caswell appeared and assured them flint. the Grand Jury would meet the next week. Brown would be indicted, and should have a fair and impartiul trinl, and turning to one of the leading spirits, a large and powerful man, he continued, "Valentine Butsch, I want you to select u guard of good men to guard this juil, and I will hold you responsible for the safe keeping of the prisoner und fris delivery to ine next week for triul." At this juncture there wasn ery of " He wants to get him off," followed by yells to " Hang the Judge!" The day had been won, however, by culisting Butsch on the side of the Inw, and he and his friends soon quieted and dispersed the crowd.
The next week the tirst Grand Jury met and indicted Brown, who was safely delivered for trial by his guards. Judge Cas- well had been requested by friends not to try the euse in person, as it lind been threatened that if the munn wus acquitted the. Judge would not live twenty- four hours. He declined to be intimidated, opened his court with u speech in which he alluded to the threat and assured the people that any attempt at law- lessness would be put down with a strong arm, and called the case. The evidence showed so plainly that Brown hud neted in self-defense, that the jury of miners, actuuted us they always were, even in their lynching exploits, by the spirit of justice, brought in a verdict of acquittal, and Sandy Brown was dis- charged to walk the streets unmolested.
One day in the summer of i85i a team driven by two nien wound its way slowly along the crooked mountain road, near the site of the present town of Spenceville. One of tlum, a young lad, loitered behind the wagon, and when his companion had disappeared around a bend in the road, two Indians appeared out of the thieket, and one of whom shot the young loiterer. The teamster heard the shot and returned ouly to find his com- panion lying wounded by the roadside. He was inunediately conveyed to the Indiana House, kept by his uncle, Mr. Waldron, where he soon died. A band of twenty-one determined men was collected by Waldron and Captain Walker to avenge the boy's untimely death. A raid was made on the Yuba River
106
HISTORY OF NEVADA COUNTY. CALIFORNIA.
Indians, a number of whom were captured and enveyed as prisoners to Rough and Realy, accompanied by two interpreter and their chief, l'aptain John there it was d mon trated that the murderer were not of that trile but la longed to Wemal's band The name of this well known luchan was fivictorious, and was given him at one of the out Minions, and had been corrupted by American pronunciation to Wemah.
A warrant wa then i west by E W Roberts the Justice of the fener, and placed in the bands of Con table Jack tiller for morvier. He went with a small por to the Indian Kancharia at Rome's Second Corral, about two mite from Rough and Ready, where he no conducted himself as to trouve the ire of the Diggers, and was drives out of ramp at the point of the arrow. When he returned empty handed Captain Walker's company threatened to make n raid upon the tudiuns if some one was not captured and trung Istore long. Judge Roberts then col- lected a posa of five and started for Womali's village to see what could be done. They proceeded up Squirrel ercek as far as North Star Plat, now Clark's ranch, where they met Wemah and his little ram, accompanied by a guard of Indiaus. Cover- ing them with their ritles they demanded a parley, which ended in the surrender of Wemth and his son.
While on their return home through Boston Ravine, the miners of that place demnuded to know by what authority Wemnh was being kept n prisoner. They all knew the ohl chief, but were unequainted with Judge Roberts, and made demonstrations to release the Indian. It was not until they arrived at the house of Judge Walsh, in Grass Valley, that they were Antistied and allowed the posse to depart with their prisoners, Upon arriving in Rough and Ready a consultation was held, and Wemmh agreed to have the guilty men brought in. Runners were sent out, who returned on the third day with two Indians, whom Judge Roberts proceeded to examine beforo committing them for trial. The examination commenced at nine o'clock in the morning and was not concluded until midnight. While the regular inquisition was progressing, the crowd of over tive hundred nen seleeted n jury to determine the guilt of the prisoners independently. This miners' jury listened to the evidence and reported their verdict to the people. Judge Roberts committed one of them named Collo, but dis- charged the other. making a short speech to the crowd, who permitted the innocent one to depart unmolested.
Collo was committed to the back room of the house, in elurge of Constable William D. Malone. The band of twenty- one adventurers, who had reinnined through the proceedings, then marched into the house, passed through the front room where Judge Roberts was sitting, and demanded the prisoner. An nppenl was made to the bystanders for assistance, but no one responded, and the Constable could make no resistance. One of the men jumped upon the table and announced,
' To-morrow at ten o'clock this Indian will be hung," and then they let him away C'ollo confessed his erime and told who hal been his companion, but the latter had taken counsel of his fears and departed from the country.
Runners were sent ont to gather in all the Indians possible to witness the execution, that they might be impressed with a wholesome fear of the white man's justice, and thus be deterred from committing any more murders. When the time set for the execution had arrived, nearly a thousand Indians and about as many white men had collected to witness the stroke of justice. Promptly at the hour named, Collo was conducted to a tree that stood on a little knoll a few rods south of the town. A wagon was driven under the tree, a store box placed on the wagon and Collo, who exhibited much coolness and bravery, was made to stand upon the box. A rope was fastened to an overhanging limb, the noose adjusted about the victim's neck, and when all was ready the support was removed from under his feet, and Collo, the murderer, swang in mid air, meeting an illegal but a well deserved death.
The village of Newtown on the fourth of March, 1852, witnessed the most cruel and heartless exhibition of mob violence that stain the pages of Nevada's history. A robbery had been committed and a Negro named Brown was arrested upon suspicion of being the guilty party. Upon his person was found a sum of money nearly as great as the amount stolen. A jury of twenty-four and a presiding judge were chosen, and the few seraps of eircumstantial evidence were brought out in dress parade before the predetermined jury, who declared the man to be guilty and left the degree of punish- inent to be fixed by the crowd. The turbulent mob that sur- rounded the court clamoured for his death, and it was so coerced. A rope was placed about his neck, and the Negro was led to a tree which is still standing near Mrs. Schardin's residence. Brown was mounted in a wagon, and the end of the rope was fastened to a limb of the tree. The rope was a little too long, and when the man was pushed off from the wagon, the limb bent sufficiently to allow his toes to touch the ground. As he hung there slowly strangling, his breast heaved as he gasped for breath and his body writhed in agonized con- tortions. One of the mob, more compassionate than the rest, perhaps, climbed the tree and leaped upon his shoulders, in order to break his neck. The rain was falling in torrents, and the gymnastic hangman fell sprawling in the mud.
The rope was then untied and when the poor, tortured wretch regained consciousness he entreated his tormentors to hang him decently if they were determined upon his death. A sailor then climbed the tree and fastened the rope to a higher and stouter limb, the noose was again adjusted about the victim's neck and he was pushed from the wagon. He was left to hang struggling in the air for some time, when he was
cut down. A physician gave it as his opinion that if left above ground five minutes the man would revive, and he was therefore hastily dumped into n grave that had been dug and was half full of water, and quickly covered from sight.
Beckman's Flat was a small mining eamp on the north side of Deer ereek, about five miles down that stream from Nevada City, and distant about one mile from Newtown. Four part- ners located on the tlat in the winter of 1851-2 and worked until the following summer. Every thing seemed to move smoothly between the partners and not a cloud crossed their horizon, until one bright summer day one of them accused another named Pope of stealing a jar of gold. The excitement was intense; a crowd collected on the flat, angry and excited, for a theft of gold dust was the most heinous crime in a mining camp. A miners' court was instantly organized in the largest log cabin ou the flat, and a man over six feet in hight and about sixty years of age was chosen for a judge. The only testimony offered was by the complainant, who said that he had buried in their cabin a quart pickel jar full of gold dust, that it was gone. and that Pope must have taken it as he was the only other man who knew of the hiding place. The most earnest denials of the prisoner availed him nothing, and he was convicted and sentenced to be hanged the next morning at nine o'clock, provided he did not confess and restore the stolen dust, when he would be delivered to the authorities. The man had not stolen and could not restore the gold, and as the time drew nigh for the execution of the sentence Pope's chances for escape seemed few. He had been taken to Newtown and placed under a guard of six men for safe keeping, and into that place came pouring crowds from all the mining camps in the neighborhood to witness the execution. These gathered in knots to discuss the situation. Many were opposed to hanging by mob law, and especially upon eircumstantial evidence, but they were in a minority. They made unavailing speeches to the crowd, and preparations were made to execute the sentence of Judge Lynch. About half-past eight o'clock Sheriff Endi- cott and District Attorney John R. McConnell came riding into town, having come at a break neck speed from Nevada City, whither a friend of the prisoner had gone with the intelligence that an innocent man was about to be hanged for stealing. They prevailed upon the crowd to let them take the prisoner to Nevada City for trial by the legal authorities, and then conducted him thither, where an examination revealed the fact that there was no evidence against him. He was discharged from custody, and at once left the State, thoroughly disgusted with miners' courts and people's juries.
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