USA > California > Nevada County > History of Nevada County, California; with illustrations descriptive of its scenery, residences, public buildings, fine blocks, and manufactories > Part 25
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Among the early population of Grass Valley were a number of men from Baltimore, who associated together and formed a mutual alliance of offense and defense. They called themselves the "Baltimore Boys," but were known to outsiders as the
RESIDENCE OF WM HAMILTON, GRASS VALLEY, NEVADA CO CAL.
PURLINED BY THOMPSON & WENT.
10,
HISTORY OF NEVADA COUNTY CALIFORNIA.
" Baltimore Hounds" They were good cities of a rul lat were apt to avenge un ofing against any of them in a at the delle al denses I them to the flat The party in the wniminary manner
It was late in November or early in Desember 12 il tone of the se men, Barns by name, had a difficulty with Richard Doyle, in which the latter wie roughly handled Sist content with this a number of the " Baltimore Boys ' went into the New York Bakery, on Main street, and were about to whip Doyle, when he drew his revolver and shut Burns in the abdomen Doyle was immediately wized by the crowd and hurried up Main street, toward the slaughter house on the hill where it was proposed to hang him at once, even without the usual forumlity of a miner, jury
Among the crowd of thirty or forty that went surging up the street were a number of Dosh's friends, who went along with the crowd to render him any assistance posible As they passed up the street they were met by E. W Roberts, the County dudge on his way from Rough and Ready to Nevada City, who rolle up in front of the Golden tinte Hotel and inquired the purpose of the crowd, and was informed that they were nbont to hang a man. Judge Roberts called for In a dozen volunteers to go with him and stop the procerd- ings, and the eull was promptly responded to, und nway rushed the men to the rescue When they arrived on the scene, N. 11. Davis was discovered harangning the crowd, who had a rope around Doyle's neck nud over the hooks upon which ment was ordinarily hung The friends of Doyle had thus far brought the efforts of the lynelers to naught by throwing the House From his neck every time it was adjusted, but that maneuver Ind failed to be further useful and the moose was finally secured about the victim's neck, when the party of min cant rushing breathlessly np.
Indge Roberts commenced speaking to the crowd, and said the man should not be hung if it could be prevented, and certainly should not unless a majority of those prosent were in favor of it. He immediately put the question to the crowd who voted that the man should not be hung, Judge Roberts then said: "1 nm the County Judge, and Forder Constable Banks to arrest that min." Bill Banks, the Constable, was also a Balti- more man, but he rushed in with the party and threw the noose Trom Doyle's neck, untied his hands, and moved out of the crowd, warning them that the prisoner was in the enstory of the law. Before the " Baltimore Boys " had fully recovered from their astonishment, the party had gathered around Doyle. and all had started down Main street on n keen run. Exasper- ated at being thus robbed of their prey. the " Hounds " rushed after the retreating men, and struck madly and wildly over the shoulders of the guards in their efforts to reach Doyle with their knives; but all in vnin, for he was safely housed in N. H. Davis' office. While the excited crowd were raving on the out-
The case of whipping are quite numerous, and hard to trace. The circumstances of the whipping of three men in Nevada ('ity in the spring of 1551 are detailed by Hon. A. A. Sargent in our chapter on The Nevada County Bar, as is also given an account of the attempted lynching in Grass Valley immedi- ately after the great fire in 1855, and the rescue of Mr. Owens from a mob in Rough and Ready in 1531. At Newtown in 1851, a man named Jones was whipped for breaking into a store, ail in the spring of 1552, Barrett who was afterwards Imnged in Nevada tity, was whipped. On the morning of the greni fire of March 11, 1851 at Nevada City, a man was given twelve Inshes for stealing u sack of flour. I little York, in 1853, a man stole a specimen valued at $300, and upon conviction by the citizens was severely lashed and permitted to vanish from sight In 1854, a man found guilty of stealing unggets on Kentucky Flat was given thirty lashes and requested to leave town. In November, 1850), a man named Napoleon Collins was found guilty of stealing a mule in Grass Valley, and had thirty-six Ishes laid upon his bare back. At Rough and Rendy, 1850, a man was sentenced to receive thirty-nine lashes for stealing, by the Committee of Justice that then adminis- tered atlairs in that town. He received his punishment and in mohlition a kick and warning never to appear in town again. Other enses of whipping occurred, but the particulars have not been learned.
CHAPTER XXXI1.
THE DEATH PENALTY.
The Custom of Hanging-Hanging for Stealing-John Barrett-Hanging a Kleptomaniac-Frank V. Moure-Cheating the Gallows-David Butler, alias Major C. Bolin-Birckbrck-Poison vs, Gallows-Thomas Burke ---- Escape and Recapture-Robert Dodge-Quail Hunting and Man Shooting -Ah Look Escapes a Trial-George Butts-Ah Luck to be Hanged.
EIGHT times has the extreme sentence of the law been passed by the legal tribunals, and five times has it been executed. Twice the condemned criminal has taken his own life, and
mnir w rent it wi in | all the salle h res eno a pour fellow. a Chinaman hanged himself in his cell prior to the day set for his trial, another now lies in jail under ut' . ten sile. I Disk at the bak was reached the Land rel. toward Nevada t'ity at a break neck pain. Alent on minut after D. yle was safely lolgel in the county jail some tift on or twenty of the enramal Hand- came tearing into Sevala L'ity apa tam bores that they had secured, and were lond in their exe rations when they found that the prisoner was leygul their reach Burns recovered from Ins wuuml in a bow weeks, and Doyle was indicted for a ult with intent to kill The following February he was tried and argnittel sentence of death. The punishment of death by banging is lath cruel and uncivilized, and sometimes by the bang- ling of unskillful hands becomes the essence of hideous torture Several unprovoked and horrible murders have been committed every year and but six men have been condemned to pay the penalty with their lives That the fate of these few has tended to restrain the commision of murder is not evidenced by the facts and it would vem as if some other method of punish ment should be devised than the barbarous practice of hang- ing, a custom that will be looked upon by our posterity with the same horror inspired in us by the tortures of the Inquisi tion.
The law which permitted the jury to bring in a verdict of guilty with the death penalty attached for the crime of grand larceny remained on the statute hook but little more than a year, and get during that time several were condemned and executed under its provisions. It is a mistake to suppose that the only case of the kind occurred in Nevada county, for Insides him one man was banged in Marysville, there in Sacra mento, one in Sonora and, doubtless, others that have not come under our observation. The case in this county was that of Johr Barrett, by some known as tiarrat. What his nationality was is not certain, though he was probably an Englishman, and is said to have been at one time in the English army. At all events, he was in the American army during the Mexican war, und was drummed out of cump either theu or when in the Eng lish army and branded with the letter " R" as a rogue, for thievery. It is a mistake to suppose, as most of the old nosi dents do, that he received this brand at. Newtown. He lind n. sister living in New Orleans, From which place hur cume to California, who was ignorant of his fate for several years.
The first known of him here was about the first. of April, 1852, when he stole a pistol from the store of Abbott & Edwards on Commercial street, Nevada City. He was forced to return the weapon, but was not prosecuted for the theft. He then went down Deer creek and stole two hundred dollars worth of gold dust, and coins to the total amount of $357 from a miner's enbit ou Stocking Flat. He was tracked to Newtown and caught in Schardin's store while in the act of changing one of the coins. Ipon his person was found the exact amount of dust and money that had been stolen. A miner's court was instantly organized and Barrett placed on trial. He was permitted to have connsel, and selected a stalwart butcher, who ably defendel him. He was convicted and sentenced to receive fifty lashes upon his bare back, ten to be given by each of five men to be selceted by the crowd. The first man chosen was his late counsel, the butcher, who laid on the stripes unmerci- fully, as did also the others. He was then warued to leave the
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HISTORY OF NEVADA COUNTY, CALIFORNIA.
town and never return within three miles of it on pulty of being in tantly what
For some time provion to this Nevala City hal Ian overrun by thieves and dunferm character. that a proactive organization had been formel. The a donc not to hvert the law, but to assist the office in the let etwon and capture of criminal But a few night, b fore MI Carrie Bower- tal been a wilted in her home . by a villain and the excitement way at fever hest The members of the above organization formed a night patrol to guard the city while it lept
The night after his whipping at Newtown, Barrett amaral in Coyotes illa, adjoining Novala ('ty on the northwest, and now n part of it, und rubbed w veral miners' cabins, and was cap tured by the night patrol of Novala City. Upon his person were Pomlu galvanize 1 watch nuln g dd chain, besides a miscellane- a collection of how s bold trinkets, such as thisaldes, five-tooth raub, knitting needle , religions tracts and a lot of wales arti "los, which he had evidenty la tily grabbed and carried off
He was safely bolvel in jail and was indiete I by the Grand dury for lurerny, the tir tone being for the theft of the $357 of dust and coin, ut Sto king Flot So intense was the excite. went and so deep rooted the determination to make an example of color one, that it was evident that he would la convicted and sentenced to le hangal Judge Unswell and several of the attorneys advise l him to pdead guilty and take a term in the penitentiary rather than run the risk of being condemned to dlenth le agreel to follow their good advice and did plead guilty, but when he was brought up for sentence, Hiram ('. Hodge appeared as his comsel, withdrew the pha of guilty and entered one of not guilty. The testimony showed that on un indictment extend the one for the Stocking Flat theft could ha be convicted of grand laverus. A jeweler testified that the watch was worth about ten dollars, and with the chain only forty dollars. As it required the value of fifty dollars to con- stitute grand Inreeny, no verdiet was rendered on that one. As was predicted, the jury found him guilty on the first one. for stealing $357, and attached the death penalty. No verdict was given on the indictment for stealing the watch, and he was not Ingod for stealing a ten dollar watch, as so many errone- only believe.
The jail at Nevada City being not yet completed, he was conveyed to Marysville, and contined until the time set for his execution. Friday, the sixteenth of July, 1852. arrived, and Acting Sheriff Endicott summoned a body guard. among whom were all the lawyers in the city, to guard the prisoner and to maintain order nt the execution. The gallows had been erected on the tlat on Deer creek, back of Mr. Marsh's residence, and which place has ever since been known as Gallows Flat. Thitler the unfortunate man was conducted, and in the pres- ence of n large concourse of people, aud surrounded by the
corn guard b . fri the severest penalty the law can inet
The law which allowel capital punishment for stealing was frame lly the Log thre at a time when men were swayed Is panaul wind ilmate stealing was considered one of the worst of crime Goll was king and every one was put- ting forth his utan t effort to secure as much as persille of the royal last, and I. who deliberately robbed him of that for which le lail sacrificed so much was considered far more of a criminal than he, who in the list of passion, shot down the object of his wrath. The cruelty and injustier of this law becume by this tin to manifest itself, and efforts were being male to have the law repealed, which were successful the next year Barrett was alone and friendless, and several offers were madr to circulate a petition for a commutation of his sentence to a term of imprisonment, but the convicted man said that he preferred to die, as he had started in a career of crime, and thought it last to die before he had any blood on his hands, and so the law was allowed to take its course.
A long existing feud between Frank V. Moore and Alexan- dler Mellanahan, of Grass Valley, lead to a tragedy which tinally resulted in the death of both. Saturday night, Febru- ary 21, 1857, Melianahan was sitting in Haywood's store, in Grass Valley, engaged in conversation, when Moore entered and asked him if he was armed. He replied that he was not, and was told to arm himself, as he, Moore, intended to shoot him. Thus warned, McClanahan retired and soon returned with a revolver; upon his return both he and Moore raised their revolvers and fired simultaneously, McClanahan being shot through the heart and expiring instantly. The light in the room was extinguished by the concussion, and while dark- ness prevailed some one whose identity was never discovered, stabbed Moore in the back, inflieting a painful but not fatal wound. Moore was arrested, indieted and triedl; during the trinl an attempt was made by the defence to prove a conspir- avy to kill Moore, and the wound inflieted in the dark was cited as evidence of it; some maintained that the knife wound was given by Moore himself, in order to create sympathy for him- self. The jury, however, brought in a verdict of guilty of murder in the first degree, and Moore was senteneed to be exe- euted Friday, June 19, 1857. He was out on bail upon the charge of committing rape at the time he killed McClanahan, and a few days prior to his trial for murder, he was convicted of the other erime and senteneed to a term of fifteen years in the penitentiary. Application was made to the Governor for a reprieve, in order to allow time for the pericetion of appeal papers, and the execution was postponed until July 3, 1857. Another respite until October 9, was given, but all efforts for a new trial having failed preparations were made to execute the mandate of the law. Every precaution was taken by Sher-
itl' Boring to keep his prisoner safe, and to prevent his injuring himself, which he had previously attempted to do. On the night of October 8, he was carefully searched and removed to another cell, as a precautionary measure. A large crowd had collected in the city the day before the morning of the execu- tion, all intent on business that would detain them until the following night; the next morning they as well as the hundreds of others that came pouring into town were mueh disappointed to hear that Moore had taken strychnine early in the morning and died in a few minutes; nearly all of them found that their business engagements were not so exacting, but that they would permit them to return instantly to the bosoms of their families and recount the exciting news. The poison had been supplied him by his wife the day before, and had been so carefully concenled that it was not discovered when the search was made. The succeeding Monly the wife also attempted to destroy herself with the same fatal powder, leclaring that she was determined to join her husband in Heaven: her life was saved notwithstanding her violent resist- anec to the physician.
During the time of the Moore tragedy, another unhappy man occupied a eelt in the same prison, held upon the charge of willfully taken the life of his fellow man. A man who was known as David Butler, but whose real name was Major C. Bolin, from Pike county, Illinois, murdered Robert Moffat, at Downieville, September 27, 1855. Upon affidavit that a fair trial could not be had in Sierra county a change of venue was granted to Nevada county, and here, after long delays, he was convicted of murder in the first degree, and sentenced to be hanged on Friday, October 9, 1857, the day upon which Moore poisoned himself. A respite was granted by the Governor until February 26, 1858, to allow time for appeal, but all efforts in the condemned man's behalf proved futile. The gallows was creeted upon the side of Lost Hill, about one-half mile from the court house. The prisoner and attendants were escorted to the seene of the execution by the Nevada Rifles, who formed about the gallows and maintained order. The hill was covered with a crowd of speetators, at least five thousand people from Nevada and Sierra county being present to witness the legal taking off of a fellow man. The act of exceution was per- formed by Sheriff Boring, assisted by Sheriff Irwin, of Sierra county. The doomed man before the final adjustment of the noose, addressed the people and said that he knew that he deserved to die, and willingly offered up his life as a penalty for the erime he had committed. He advised them to shun whisky and evil companions, if they would not stand where he then stood.
Moore's Flat was the seene of a cold blooded murder, July 11, 1862. Two men named respectively Birekbeek and Eehels had a quarrel six weeks previous, and Birekbeek was worsted
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RESIDENCE OF F. G. BEATTY, GRASS VALLEY, NEVADA CO, CAL.
PUBLISHED BY THOMPSON & WEST.
109
HISTORY OF NEVADA COUNTY, CALIFORNIA.
in a fist contest The defeated man openly hotel that Is would kill Felel, and told him , as well lat i pe war taken to guard against him In the night in quemen B'rek book " ut to Foldl' cabin and mapping lim to be al Ataldel him to the heart, remarking . I wouldn't take &;IM) for that job" He was dervel is a Mr. Gibson wl, was in the cabin, and who was the chief with against the mar derer Birckbeck was a man ixty yours of age and whowe la heart of the most depraved character He afterwards con- lesmed that during the long mix wichs that intervened between the quarrel and the cruel murder, he had ley del over his wrongs, and had plotted the death of his victime now cativay. ing this and now that method of wreaking his vong ance, and had it not been for the restraining influence of his wife, would have stad his thirst for revenge long before. He was call- vieted of murder in the first degree at the next teria of the District Court, and sentenced to In executed on Friday. Novem- ber 28, 1862. November 6, wearly four weeks prior to the day Net for the execution, and before n very close watch upon his conduct hud lwen instituted by Sheriff Knowlton, he poisoned himself in his cell nud died, thus rohling the gallows of its vielim.
An escaped English convict unimed Thomas Burke stableel and killed . M. Wright, nt Grass Valley, February 16, 1802. having received last slight provocation from the deceased April 16, Burke was found guilty of murder in the first degre and sentenced to be konged May 23, last a supersedens was granted by the Supreme Court. Almut noon, Jane ft, 1862, he broke juil nud effected his escape, evidently with assistance from the outside. His irons were sawed off, the heavy for of a padlock on the corridor door was also out, and the padlock on the out- side door removed. His escape occurring at ud-day and with such evidences of assistance having been rendered, placed Sheriff Knowlton in n very unpleasant position, und every effort was munde lo apprehend the fugative, but for a long time without success, And Burke departed entirely from the State he would probably have never been recaptured, but the desire to remain in the vicinity of danger seems to have taken an mmcontrollable hold upon him, and eight months after he had so cleverly esenped from confinement, he was recognized at Auburn, Placer county, arrested and brought to Nevada t'ity. He was ngain sentenced March 31, 1863, to be executed April 3, only four days later A gallows was constructed by Sheriff Knowlton in the jail yard, and on the third of April, 1863, in the presence of but n few witnesses. Thomas Burke stepped upon the fatal platform and offered up a blood ntonement for his crime.
After a long trial a verdict of murder in the first degree was brought in against Robert Dodge, and AApril 15, 1865, he was sentenced to be hanged on the second of the following June.
upon wh hl was mirte I wentles cir un Mig Janhal gh parung -nvin ngày t want Dodge as th markerer 1 ft ritrad ilt as al ciren stantia! -
I In the night of January S 150 Maik T Hammock was in Alern' alom at Alhem Reach conducting to rate of a lire blazing to him. through the warlow and Hammock foll dal pierced ly tive billets. evidently dire I from a month hore gun No one waw the man who did the shooting but it was known that n quarre existen between Hammock and a brother of Dealge, which bylve had several times shown a disposition to make his own. and suspicion was at once directed at him. The afternoon Infore the murder, Dodge borrowed a shotgun from a boy. on protoner of going quail shooting, the gun being lonely with small shot. Afterwards the two barrels of the gnu were dis- charged, and the two brothers went into the house anl con- versal together. That night a party, consisting of several Insides the family, took supper together, and Thealge left the table before the others, and was not seen again by any of them until the next morning, although they remained together until nine o'clock. Between the time Dodge left his brother's house and the commission of the crime, several persons met. on the road leading to Ahern's saloon, a man with his coat buttidied up to his chin, his hat drawn over his eyes and a doulde- barrel shot-gun partially concealed under his coat. Still later. a man answering to this description was seen to step of the porch at Ahern's. The next morning Dodge and another man were hunting, and when informed of the murder, Dodge said that it would not be safe to continue hunting, as they might tu suspected, and expressed satisfaction at the death of Hammock. The borrowed gun was returned, and, upon drawing the charge. was formed to contain five bullets similar to those taken from the body of the deceasedl. Bullets of the same kind were also found in a pouch at Dodge's house. Still other minor cire in- stances pointed to Douge as the assassin.
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An appeal to the Supreme Court obtained for Dodge a new trial. Upon his second trial, in March, 1866, he was again convicted and sentenced to be hanged May 30. Another appli- cation to the Supreme Court proiluced a stay of proceed- ings until the case could be heard, but upon the hearing of it, the judgment of the lower court was affirmed. October 24, 1836, after a confinement of nearly two years, he was brought up for sentence. In reply to the question, if he had anything to say why sentence of death should not be passed upon him, he made some remarks, declaring his innocence and his inability to prove it, that he was thirty-four years of age, in the prime of life, and with no one depending upon him, and was ready to die, that those who were perseenting him would not be con-
tant with less than his death, and requested that his sentence be male as short as possible. He was then sentenced to be langsl November S. isto and remanded to jail When the diy for his execution arrived, the city was throughal with people eager to with the spectacle, but their desires met with no fruition as Sheritt tientry admitted but a few to the jail yard, when the evention took place When open the gallow . he make a speech, in which he again protested his innoe nee, which he had always stoutly umintrined. In the cure of his remarks he said : " In eternity Bob Dolgo will In sen coming in glory " When he finished speaking, the black cap was drawn over his head, the fatal noose tightened and the treacherous trap spring A quick plunge of seven fort, Is jork. and the lifeless luuly of Robert Dodge swung in midnir
A Chinaman named Ah look murdered n brother Celestial in tiras Valley in 1574. and was imprisoned at Nevada L'ity awaiting his trial, when, on Sunday night, July 3, 1576, he center " life's fitful fever" by hanging himself. There was it tier of links in the cell, and be removed the bottom of the lower ones and fastened the cord to the upper one, und when the jniler opened the cell in the morning his lifeless luly hung cold and stiff between the posts. The following day was the une set for the trial, and it is supposed that he was overenie with dread of the dangers of a protecting so mysterious to him.
The last. excention was that of George Butts For the murder of William Roberts at Forest Springs, September 6. 1877. On the morning in question the two men had a dispute in regard to an interest in the Norambagua mine, und Butts, who had a double barrel gan, threatened to shoot Roberts. In company with a number of others, Roberts then proceeded to the house of Mr. Harrigan, where they were followed by Butts, Here a scuffle ensued between the two disputants, during which the gun was taken from Butts, but he then drew n knife and inflicted a fatal wound upon the body of his adversary, Butts was instantly arrested, and, upon being tried in January, was convicted of murder in the first degree and sentenced to be hanged. The case was carried to the Supreme Court, and after the usnal delay was affirmed and the sentence of the lower court ordered to be executed. On the morning of the execution, October 1, 1878, a large crowd gathered in the city. but their desire to see the doomed man suffer was not realized, as Sheriff Montgomery would not admit them into the: jail yard, where the execution took place in the presence of abont forty witnesses. They remained outside, however, and when the act had been performed, were permitted to enter and gaze upon the spot where the light of a human life had just been extingnished. Butts was a man of small stature and of inferior mental development, and considerable feeling was exhibited by the community at the time of his death, many maintaining that, on account of his intense ignorance and the pancity of his
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