History of Placer county, California, Part 74

Author: Angel, Myron; Thompson & West, pub
Publication date: 1882
Publisher: Oakland, Cal., Thompson & West
Number of Pages: 558

USA > California > Placer County > History of Placer county, California > Part 74

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

In 1860 Mr. Tuttle was on the Republican Elec- toral ticket, canvassed the State in advocacy of the party, and had the honor of casting his vote as Elector of California for Abraham Lincoln for Pres- ident. In 1863 he was appointed by Governor Stan- ford Reporter to the Supreme Court, which position he held till the fall of 1867, when he resigned. As Reporter his work comprised ten volumes, from the twenty-second to the thirty-third of the California Reports. They are spoken of in the highest terms by the profession.

In the fall of 1867 Mr. Tuttle was elected to the Legislature from Placer County. In the winter of 1868 he removed to Oakland, because a change of' climate was deemed necessary for the health of his wife. Mrs. Tuttle visited the East the following summer for her health, and died at Brooklyn, New York, in October, 1868.

Mrs. Tuttle was a graduate of the LeRoy Female Seminary, and a lady of refinement. She had early studied under Mr. Stanton, an artist, and left a num- ber of paintings, which now adorn the walls of Mr. Tuttle's residence. She left three sons, two of whom are now members of the bar.

In 1871 Mr. Tuttle was appointed by Governor Haight one of the revisers of the work of the Code Commissioners,and in company with Sidney A. John- son wasengaged on that labor until the passage of the Codes in the spring of 1872. In the summer of 1873 he was again appointed by the Supreme Court Reporter of its decisions, which position he held until the spring of 1878. During this period he published thirteen volumes of reports. In 1875 he was nominated by the Independent Party for Con- gress, but failed of election.

Although Mr. Tuttle's life-work has been that of a lawyer, yet he takes a deep interest in politics, and has positive opinions on all political questions. Hle still resides in Oakland, but retains considerable practice at Auburn, being much attached to Placer

County, and intends to return there and pass the remainder of his life. There is probably no one liv- ing who was more completely identified with the early history of Placer County, or who is better acquainted with its mining and other resources than Mr. Tuttle.

CHAPTER XLI.

THE CRIMINAL RECORD.

The Rarity of Crime-The first Highway Robbery-Execution of Robert Seott-Scott's Last Words-Execution of John- son at Iowa Hill-A Law-maker Law-breaking-James Freeland Hanged-Execution of Joseph Bradley-Murder and Lynching at Auburn-Robbery and Battle-" Rattle- snake Diek "-Dick Changes his Location-The Robber Gang-Robbery of Wells, Fargo & Co.'s Express-Record of George Skinner-Dick and a New Gang -Dick's Hatred of John C. Boggs-Escape from Jail-Robberies by the Gang-Phillips, of the Mountaineer House-Mysterious Death of a Prisoner-Death of " Rattlesnake Dick "-An Affecting Letter-The Last of the Tragedy-Chinamen Slaughter a Family-The Chinese Expelled from Rocklin- Expedition After Ah Sam-Discovery and Death of the Murderer-Murder by Indians-Wrecking a Railroad Train-Singular Reve ation of Murder-A Tragic End- Homicides and Robberies.

IN all frontier countries the criminal record is expected to greatly exceed that of old and well organized communities, and the following, as occur- ring in a single county in California during a period of thirty years, may appear so formidable as to reflect disadvantageously upon the civilization of the Pacific Coast. The fact should be borne in mind that it is an aggregation of many years. gath- ered from the records of the courts and the criminal items of the contemporaneous newspapers, and will, perhaps, not be found to exceed in proportion to population that of the large cities where the high- est civilization is supposed to exist. No city of the United States contains a more mixed population than did the mining counties of California, and while some in the latter were desperate characters, having an evil influence upon others naturally inclined to virtue and honor. thus swelling the criminal record, there were many others determined that law and order should prevail, and through their efforts crim- inals were brought to justice and all deeds of crime were brought to public notice. While in some States many crimes pass unnoticed, or are avenged or punished by the persons aggrieved, and no great record is made, in California, as in the most law- abiding communities, all are made a matter of pub- lie record, making the comparison of statistics entirely unfair.

THE RARITY OF CRIME.

During the first few years of gold-mining, crime was remarkably rare. There was very little security for property but the knowledge that punishment would be quick and terrible, without any inter- vention of the tedions processes of the courts, or the technicalities of the law now so universally used to

324

HISTORY OF PLACER COUNTY, CALIFORNIA.

shield the eriminal. Even suspicion sometimes bronght punishment, the suspected being required to prove their innocence or suffer, and therefore where otherwise crime would probably have been committed, those who might have been inclined to trespass upon the rights of others were deterred from so doing.

Horse-stealing was more common, as the stolen property so materially aided the thief to escape. This class of crime was one of the most heinous of offenses, and was usually summarily punished. Idle men were regarded with distrust. Of these there were two groups-the gamblers and the thieves-the first giving their occupation as that of miner, and the other as rancher, until it was jocularly said that the term miner was synonymous with gambler, and that of rancher with horse-thief.

THE FIRST HIGHWAY ROBBERY.

Probably the first large robbery within the region of the gold mines occurred on the plains between the Auburn Ravine and the erossing of the American River, and was in the fall of 1848. An English gentleman traveler, whose name is for- gotten, related, many years ago, the following inci- dent: He, happening to be in Sin Francisco when the first excitement of the gold discovery was car- rying off the people, joined a party for the mines. They, with the crowd, went first to Sutter's Fort, and then to Sutter's Mill, at Coloma. After min- ing with moderate success in the vicinity sufficiently to learn the methods in operation, they traveled north to some unnamed ravine north of the North Fork, and there worked with good success for sev- eral months. In October they made preparations to return to San Francisco. Purchasing some riding- animals from some Mexicans, and a pick-mule to carry their blankets and gold-dust, they started on their journey. The pack mule was quite heavily laden with the precious cargo, and was taken in charge hy one and then another of the party, who would lead it in advance of the others. The diy was exceedingly pleasant as the little cavalcade marched out of the foot-hills. following the single trail, or bridle path, that led towards Sutter's Fort. An unpeopled wilderness extended on all sides. No person was met or seen, and as the day wore on, the party became careless and tired, and were considera- bly separated from each other on the trail. While thus riding and approaching a grove of trees where they thought of camping for the night. the mule and treasure considerably in advance, thers ring from the grove a shot and the leader of the mule fell from the saddle. A quick charge, the twirling of a couple of lassoes, and the riderless horse and gold-laden mule were in the possession of a party of four or I five Mexic ins, and under whip and spur were flying toward the Rio de los Americanos. The tirst thought of the party of miners was to attend to their wounded companion, but soon they appreciated

the loss of their treasure, and some started in pur- suit. The animals they were riding were of little valne, and the pursuit was fruitless.

The next day Sutter's Fort was reached, the mar- dered friend was buried, and a party was organized to pursue the robbers. Some delay attended these preparations, and several days passed before the pur- sters could proceed. In the meantime it was learned that the robbers were headed by José Armijo, a son, or nephew, of the former Governor Armijo of New Mexico, who is so graphieally deseribed by Kendall in his account of the Texan expedition to New Mexico.

The bandits had fled up the San Joaquin Valley, and the pursuing party followed. The chase was a long one, and the trail plain, as the Mexieans had gathered quite a large caballada before leaving the occupied region. The pursuers followed through the whole length of the great valley, through the south- ern passes of the Sierra Nevada, ont upon the desert of the Mohave, and into the old "Spanish Trail " that for many years had been the route of inter- communication between California and New Mexico. Here, with animals jaded, supplies exhausted, the season late. the robbers with their booty far in advance. further pursuit was hopeless and the despoiled miners returned.

EXECUTION OF ROBERT SCOTT.

October 20, 1853, an atrocions murder was eom- mitted near a house called "Traveler's Rest," in Auburn. Andrew King, a quiet and peaceable young man, had refused to lend three dollars to Robert Scott at a gaming-table on the evening of the 19th. The next day Scott called King out of his house and, presenting two loaded revolvers, told King to take one and defend himself. This the latter refused and turned to go into the house, when Scott fired and instantly killed his vietim.

The murderer fled, but was pursued by many who turned out in the search, and on the 24th following was arrested by Constable M. P. H. Love and Dep- uty Sheriff E. B Boust, who had traced the fugitive to the Cosumnes River. In due time Seott was brought to trial, and on the 13th of February, 1854, was con- vieted and sentenced by Judge Howell to be hanged on the 31st of March, 1854.

On the day of the exception, a large number of people assembled at Auburn from all parts of the county to witness the appalling sight of launching a fellow-being into eternity through the dread process of the law. Two thousand people had assembled. but the utmost order prevailed. The Sheriff detailed the members of the Hook and Ladder Com- pany as a guard, and these accompanied the pris- oner from the jail to the gallows, and there formed a line between the spectators and the culprit. The expention is reported in the Herald of that date as follows :-

" At the hour of half-past eleven A. M., he was

325

THE CRIMINAL RECORD.

released from his irons, and dressed in a becoming manner. With his hands tied behind him, he was taken in a wagon from the jail to the place of execu- tion, followed by a large crowd of people. During his course to the gallows, Scott appeared perfectly cool and unmoved. Not a change was perceptible on his countenance. He sat on the front seat of the wagon, smoking a cigar, apparently an indiffer- ent looker-on at a dreadful scene about to be trans- aeted. Immediately behind him sat the Sheriff and his deputies.

" Upon arriving at the gallows, the prisoner mounted the stairs with a quick and firm step, accompanied by the Sheriff, Mr. Astin, and his depu- ties, and Sheriff Buell of El Dorado County and his deputies, Young, Welton, and Orr, and Constables Mckinney and Robinson. Dr. John P. Ilarper was also present as attendant physician.

"The crowd around the gallows was now very dense, and crowds were coming all the time from town to swell the numbers, but were kept in order by the guard who accompanied the prisoner.

" The Sheriff read the order of the Court.

" After the order was read the Sheriff asked Scott if he had anything to say. When he stepped for- ward and addressed the multitude as follows:"-

" SCOTT'S LAST WORDS.

"' I have but a few words to say. I have had a fair and impartial trial, and I am willing to abide by the law. I have done no more than I would do again to any man who would not give me satisfaction for what he had said. I return my thanks to John Spell. the Jailor, and Sam Astin, the Sheriff, and other friends, who have been kind to me. As for the paltry mob, who have urged on my trial before I was ready, they are too mean for my curses. I have done.'

" These words were uttered in rather a low tone of voice, and were hardly audible to many who were present.

" The prisoner was then dressed in a white robe, a black eap was drawn over his head, his feet securely tied, and placed in his proper position upon the trap, with the rope around his neck. The Sher- iff now announced the hour to be 12 o'clock, when the lever which worked the machinery was pushed forward, the trap fell, and Robert Scott's spirit was ushered into the presence of his God. He gave but a shudder or two, and all was over. It was an awful sight, and one which no man could look upon without feelings of regret-but Robert Scott had brought the penalty upon himself'; he had deprived a fellow-being of life; he has atoned for it.

" At twenty-two minutes past 12 o'clock, Dr. Har- per examined the culprit, and was satisfied that he was deal. The body was permitted to hang ten minutes longer, when death was pronounced to the Sheriff by the Doctor. Scott was cut down, and buried at the foot of the gallows. Good order pre- vailed throughout the entire day."

EXECUTION OF JOHNSON AT IOWA ITELL.

The execution of W'm. Johnson, at lowa Hill, by a lynch court, created a great sensation at the time, and was the cause of a long continued controversy in the courts and in the public press. Johnson bad influential relatives and partisans, as many despera- does of that period had, and these were active in revenging the execution, and defending bis char- acter.

The following circular was issued by the citizens of Iowa Hill, in relation to the execution, which is undoubtedly the true version of the tragedy :-

" TO THE CITIZENS OF PLACER COUNTY: In conse - quenee of the false statements that have been put in circulation by interested parties, the people of Iowa Hill and vicinity deem it but justice to themselves that the following statement of the facts should be made public.

"The whole matter originated as follows: At 1 o-clock at night, in the Queen City Hotel, two per- sons, one a friend of Johnson, and the other a friend of Montgomery, had got into a difficulty. The friend of Johnson seemed likely to be worsted, and Johnson seized the arm of the other to protect his friend. Montgomery seeing this, seized-hold of Johnson, and told him to desist, holding at the same time a jack-knife, with a two-inch blade, in his right hand. Johnson told him to put it (the knife) up, or he would cut his d -d head off. Montgomery then put up his knife. Johnson then said, " I have a knife, too," and drew his B>wie-knife, flourishing it in the air. He then put it up. Montgomery then reached toward him with his right hand. when Johnson seized him by the hair of his head with his left, struck him violently in the face with his elenched fist three or four times, and, as he fell for- ward, kicked him in the stomach.

" During this time there was no resistance on the part of Montgomery, whom the witnesses consid- ered in a state of intoxication at the time.

" After he had risen, he went to the bar. and, tak- ing up a tumbler in each hand, cried. " show me the s-b- that struck me." repeating the words, he walked several times around the room, passing near Johnson several times, but without recognizing bim. The bystanders then took the tumblers ont ot Montgomery's hands.

" After this nothing more occurred until about fifteen minutes past 6 o'clock in the morning. about five hours after the above occurrence took place. Johnson rode up to the Queen City Hotel, on a horse he had just hired at C'ady & Co.'s stables, and. seeing a friend, went in to drink. As he advanced to the bar, he saw Montgomery leaning against it, and, going toward him, addressed the following words to him: . You d --- N- b --- , 1 hear that you said I struck you with a slung-shot."

" Montgomery replied that he had not said so. and asked Johnson who he was, and, raising his cap,

326

HISTORY OF PLACER COUNTY, CALIFORNIA.

said that he thought the marks on bis forehead looked like it.

"Johnson replied: 'D --- you, you have two of my marks now, and I will give you another to remember me by.' As he said this he struck him in the mouth, knocking him down.

" Montgomery complained that he was no match for bim, being a smaller man. Johnson replied that he was a pretty fellow to run for Constable, adding, 'd- you, go and arm yourself with a knife and pistol, and make yourself my equal.' Then turning to the bar, he called for some brandy, bathed the back of his hand, the skin of which had been knocked off against Montgomery's teeth, saying that he had come all the way from Yreka to cut the hearts out of some men on lowa Hill, one of whom was a ticket seller, and the other a merchant.

" Montgomery in the meantime bad risen and relit his cigar, and walked slowly across the street to Cramer's Hotel, andI asked for Mr. Colgan, who was sleeping there, but was told not to disturb him. In inquiring for him he had gone into Mr. Cramer's room, and, seeing a pistol on the table, had asked for it, saying he had been attacked and was afraid to go into the street, and asked Mr. Cramer to accompany him to Colgan's store, which request he complied with, and they passed out and walked down the street arm in arm.

"When about half the distance, Jobnson saw them, and, leaping from bis horse, drew his knite, saying, " You d ------ -- of a b --- , are you armed now?" At this time be was within one step of Montgomery, with his knife raised for the blow. Cramer, seeing bis threatening attitude, sprang and caught his arm, and received in so doing a slight wound in his hand. This saved Montgomery's life, as he had not at this time drawn his pistol. and was entirely without defense. The force with which Cramer seized Johnson's arm turned him partly round. Montgomery then drew his pistol and attempted to fire, but the pistol hung fire and did not go off until he had low- ered it for the purpose of re-cocking. Johnson, on sight of the pistol, fled across the street to the Queen City, followed by Montgomery, who fired again at him from the middle of the street, but without effect Johnson ran through the door, which was opened back, and dodged behind it. Montgomery, following, tripped on the sill of the door, and would have fallen to the floor had he not caught at the door-post, from which he hung back in an inclined position. John- son, seeing him fall, sprang upon him, seizing him by the collar with his left hand, and stabbed him five or six times, and Montgomery fell back, exclaiming, " I am a dead man."

"Johnson then attempted to catch his horse, which was loose in the street, but was unable to do so, and finding the crowd pursuing him, he fled in the diree. tion of Wiseonsin Hill, but was soon overtaken and made prisoner by W. M. Crutcher. Constable of this township.

" We, the undersigned, having either been present during the above occurrences, or during the exami- nation, certify that the above is correct in all its par- ticulars, being the substance of what was testified by sworn witnesses.

"Wm. R. Olden, Samuel Todd,

G. C. Reed,

James Herrick,

M. B. Tubbs, J. R. Gilbert,

J. H. Cramer, C. O. Kimble,

J. Franklin,

D. Symes,

A. Butts,

W. J. Armstrong,

Glover Ault,

J. T. Hill,

T. W. Kent,

W. D. Smith,

A. Oxendine,

B. D. Hows,

J. Spratt, W. D. Squares,

John Kavenaugh, John Armstrong,

M. P. Miller, D. Lathrop

A. L. Boyden, Michael Gaban,

S. N. Calvin, James Fox,

J. Byers. Michael Rogan,

John M. Denny, Henry N. Kimball,

T. H. Green, B. M. Trim,

W. L. Morrison."

The following is a narrative of the events as they occurred after the arrest :-

After his arrest the prisoner was taken to the office of Esquire Sibley, where he remained about two and a half hours, in charge of the Constables, at the end of which time he had a hearing before Esquire Sellen, of Wisconsin Ilill -- Esquire Sibley having, it was reported, been so much overcome with the fatigue of dancing the night previous that he had gone to bed immediately after the prisoner had been brought into his office. The prisoner demanded twenty- four hours to prepare for trial, which was granted, and he was turned over to Deputy Sheriff Sinclair, for safe-keep- ing until that time. In the meantime a large crowd had assembled in town from the surrounding country, and the desperate character of the prisoner and the fear of an attempt to rescue on the part of his friends, cansed many of the people to volunteer their assist- ance as an additional guard. At four o'clock in the afternoon the town-crier announced that a meeting of the citizens would be hell at the Queen City Hotel. The meeting assembled, came to order, and appointed the Hook and Ladder Company and twenty-five other citizens as a guard to the prisoner, and to prevent fire; also thirty two well-known citizens were chosen to hold an examination of the prisoner. These persons were nominated and voted for sepa- rately, without a dissenting voice. These were to select out of their number twelve, by billot, who were to serve as the examining committee, and make a report to the people as soon as practicable. The meeting then adjourned. and after supper the guard appointed took possession of the prisoner, and removed him to a place of greater safety. At eight o'clock the committee commenced their examination, and continued until two in the morning, having

327

THE CRIMINAL RECORD.

examined some sixteen witnesses, who were all duly sworn and confronted with the prisoner, who was allowed the utmost latitude in cross-examining them, asking them leading questions in such a way that it amounted to testifying himself. Every witness that the prisoner wished was sent for, six of whom were his personal friends; the others were most of them men who were unacquainted with either party. At two o'clock the Committee adjourned, to meet at nine o'clock the following morning, and unanimously agreed upon a report, of which the following is a true eopy, viz .:

" That, on the evening of the 22d of December, at eight o'clock, a majority of the committee appointed to investigate the matter with regard to the affray between Wm. M. Johnson and Thomas Montgomery, assembled in the Queen City Hotel, and immediately proceeded to select twelve of their number by ballot, as directed by the meeting, and your committee, after the most unprejudiced and careful investiga- tion, and after having examined all the witnesses (who were first duly sworn), both for and against the prisoner, to the number of sixteen, whose testi- mony was given in the presence of the aeensed, who was allowed the utmost latitude in cross-exam- ining the same, we, the committee, have come to the conclusion, from all the facts elieited in our exami- nation, that the prisoner, Wm. M. Johnson, without sufficient provocation in the first assault, and five hours after, without any provocation at all, in the second and third, is guilty of an assault and battery, with intent to kill. In testimony whereof we have hereunto affixed our names.

" John T. Hill, John M.Demiss,

James Fox, J. Ryers,

David Symmes,

W. J.Armstrong,

Michael Gahan,

B. D. Howes,

Michael Rogan, M. B. Tubbs,

Daniel Lathrop, W. R. Olden, Chairman

"At ten o'clock, on the 23d of December, the meeting having been called to order, the above report was read by the Chairman of the Committee, and the people were then asked what should be done with the prisoner. A universal ery of " hang him" burst from 1,500 throats, and one among them made a motion which was seeonded, that the people there assembled should seleet a committee and a Sheriff, who would proceed to hang him forthwith, This was passed almost unanimously, only some twenty voting against it. The committee thus selected having procured a rope, conveyed the prisoner to a tree at the north end of the town, to execute the sentence of the people Whilst under the tree, the conduct of the prisoner was such as might have been expected, from the reckless, desperate life he had led during the last five years, eursing and blaspheming in a manner that was calculated to excite disgust in all who heard or saw him. At his own request he was allowed to become his own executioner, springing from the barrel on which he stood.

"During the whole of the proecedings, notwith- standing the exciting nature of the business that had called them together, during the whole of the two days, not a single man could be seen who was in the least excited by liquor; everything was done in the most deliberate manner; there was no haste, every man seems to have made up his mind to make an example that would prevent such crimes for the future."

" Iowa Hill, January 5, 1855."

Through the exertions of a brother of the executed man, a large number of indictments were obtained against citizens of lowa Hill, and many arrests were made. A numerous posse was summoned, making quite an army to make the arrests, as has been referred to in preceding pages, but the chief result was a large addition to the debt of the county-and no convictions.

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

History of Placer county, California, Part 74

Author: Angel, Myron; Thompson & West, pub Publication date: 1882 Publisher: Oakland, Cal., Thompson & West Number of Pages: 558

Author: Angel, Myron; Thompson & West, pub
Publication date: 1882
Publisher: Oakland, Cal., Thompson & West
Number of Pages: 558