History of Placer county, California, Part 76

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 76


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Another encounter took place in the forests of


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HISTORY OF PLACER COUNTY, CALIFORNIA.


Nevada County, which proved more successful for Boggs. The authorities learned that Dick could be found in the vicinity of Nevada City, and George Johnson, the Sheriff of Placer County, and Boggs, started in pursuit. They met Dick in the woods on the slopes of the Sierra, and the robber, as usual, showed fight. A running fight ensued without any damage being done, and Dick, after emptying his revolver at his pursuers, sprang away from them at : a very brisk pace; in fact he would have escaped, had he not tripped in some undergrowth, and before he could rise again Johnson and Boggs were on him. HLe called for quarter which was freely given, and Nevada City Jail was bis lodging place that night. He escaped soon after, as was his invariable custom. He seemed to have a peculiar faculty for breaking from the flimsy prison-houses that were erected in those days, and probably escaped from every jail in - that section of the State.


ESCAPE FROM JAIL.


He was once confined in the Auburn jail, which happened to be very crowded at the time, and as he ! was a known jail-breaker, as well as a desperate man, every precaution was taken to keep him within the walls. Ile was heavily ironed from the hip to the ankle, and a strict watch kept upon him by the - keepers. One day a gentleman named Hillard came to the jail, and asked permission of L. L. Bullock. who had charge of the place, to see one of the prisoners. His request was granted and Dick War- rick, an under keeper, opened the barred door lead- ing to the corridor where the prisoners were confined, and after Mr. Hillard had entered, locked it again. but forgot to take the key out of the lock, and went away to attend to other duties. Rattlesnake Dick observed his oversight and took advantage of it. He passed his arm through the bars and unlocked the door, passing quietly from the place, ironed as he was, and eventually made his escape through the connivanee of a man named Al. Briton, who con- cealed him in a barn near Auburn, until it was safe for him to leave.


ROBBERIES BY THE GANG.


Dick was not immediately concerned in every rob- bery perpetrated by his gang, but probably insti- gated and planned most of them. There was one, however, worthy of mention, that he was not at all cognizant of. This was the robbery of the stage running between Rattlesnake Bar and Folsom, by Jim Driscoll and "Cherokee Bob." The two highway- men concealed themselves in a ditch above the road, and when the stage came within proper distance they leaped upon the "' boot," and before the bewil- dered driver knew that he had two uuwelcome pas- sengers on board, Wells & Fargo's treasure box, con- taining $6,000, was in their possession. They buried the money and separated, Cherokee Bob crossing the mountains to Carson, and Driscoll, mak- ing his way through Dick Fuller's to Vernon, on the


Sacramento River, where he took passage on a wood-boat to Red Bluff. Sheriff Bullock started in pursuit without a single clue, and the capture of the robbers seemed hopeless, for both Driscoll and Bob were comparatively unknown in a country where so many similar characters committed their depreda- tions. The Sheriff made the attempt, however, and one day, while in Sacramento, related the circum- stance to ('has. O'Neil and Dan Gay, both of whom were Sheriff's or deputies at the time. The fact that the robber, or robbers, for they did not know how many were concerned, bad apparently left the State, impressed Messrs. O'Neil and Gay as being a trick peculiarly Driscoll's, and upon investigation this theory was strengthened by the fact that "a man with a halt in his walk" had been seen making his way to Vernon, and afterwards on the wood-boat for Red Bluff. As Driscoll bad "a halt in bis walk," the supposition became almost a certainty, and the authorities at Red Bluff and other points were noti- fied; but Driscoll managed to elude the Sheriff's, both at Red Bluff and Marysville, returning to Ver- non on the identical wood boat on which he had taken passage after the robbery. Mr. Bullock was on the lookout for him there, and when the boat made a landing he stepped on board and, much to Driscoll's surprise, arrested him. Driscoll, on his way back to Auburn, was continually asking the question, " Bullock, how did you know I did the job ?" and " how in h-I did you track me ?" To which the reticent Sheriff only smiled grimly, and replied, that such a notorious thief as Driscoll did not have much chance in California just then. He admitted his guilt; was sent to State Prison for a long term of years, and a short time after made a proposition to "turn up the swag" (meaning the 86,000) and leave State, if granted a free pardon; but the authorities would not listen to him, and Cherokee Bob took the treasure as a sort of legacy.


PHILLIPS, OF THE MOUNTAINEER HOUSE.


Driscoll's further history is closely connected with that of a man named Jack Phillips, and this sketeh would not be complete without these details also. Phillips kept a wayside tavern, called the Mountain- eer House, on the Folsom road, about three miles from Auburn. This place did not possess the best reputation in the world from the start. As time passed on, rumors of midnight gatherings at Phil- lips', of other characters besides honest teamsters and mule-drivers, began to gain ground, and the place was avoided by everyone who regarded his life or property. After events proved that the house was a rendezvous for most of the desperadoes that then cursed the country, the worst being Tom Bell's gang, a band of cut-throats and highway robbers that numbered several hundred, and who pillaged the State from the Oregon border to the southern lakes, rivaling Murietta and his horde in boldness and brutality. These men had a regular code of signals,


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signs, and passwords, by which they made them- selves known to each other whenever they met. At Phillips' place, they introduced themselves by call- ing for liquor, and when producing the money with which to pay for the drink displayed a bullet with a string through it, and the individual being recog- nized as a member of the gang, was treated with all the hospitality due a "man of the road." Every effort to break up this rendezvous was unsuccessful until the murder of a Jewish peddler named Rosen- thal, on the banks of a lonely stream near Phillips', known as Rose Spring, when the authorities became aroused to more than their usual vigilance, and determined efforts were made to capture the unknown murderers. It was strongly suspected that Tom Bell's gang did the work, and that Aleck Wright, Billy Dickson, and Jim Driscoll, of "Rattle- snake Diek's" gang assisted, or knew more about the crime than they would willingly tell, but nothing definite was ever known in regard to the matter. Sheriff Paul, of Calaveras County, interested him- self in " working up" the murder, and in the course of his investigations came across a Mexican who dis- elosed the string bullet signal of Phillips' to him, and he resolved to commence at that tavern.


The Sheriff, in pursuance of this resolution, visi- ted the rendezvous, and producing the bullet, was freely admitted, and while staying all night at the place, sueeeeded in learning mueh to prove that Phillips harbored the desperadoes suspected. He left next morning and did not return for a week, when he brought a posse of men with him and arrested Phillips and two others. The tavern- keeper was tried for harboring highway robbers, and served a term in the State Prison.


MYSTERIOUS DEATH OF A PRISONER.


The investigation in regard to the murder at Rose Springs still continued, and the conviets con- fined in the State's Prison received the information that Jim Driseoll, who was then in prison, was about to divulge to the officers all that he knew of the affair. Measures were promptly taken to prevent him from doing so. One day while passing under the corridor, a man known as "Dirty" Thompson, one of Tom Bell's gang, dropped a bar of iron on his head, and erysipelas eventually set in, which caused his death, although there is a legend among the convicts that Chas. Mortimer, who was confined in the prison at the time, fearing that he would make a confession before he died, administered poison to him. He died very suddenly at any rate.


DEATH OF RATTLESNAKE DICK.


And now after these scenes that have formed the eriminal drama comes the closing aet of all, the tragedy that ended the career of Rattlesnake Dick. He had boasted that he would never rot in a prison as long as a revolver could keep him out, and the manner in which he carried out the boast may be


observed when it is known that although confined in nearly every jail in the northern mines, he succeeded in breaking them all. About half-past 8 o'clock on Monday night, the 11th of July, 1859, some one informed George W. Martin, Deputy Tax-Collector, of Placer County, that Rattlesnake Dick and another desperado had gone through Auburn on horseback. Mr. Martin mounted a horse, and being joined by Under Sheriff Geo. C. Johnston and Deputy Sheriff W. M. Crutcher, started in pursuit. They met on the Illinoistown road, about one mile from Auburn, and Johnston, who was riding ahead, ealled upon the men to halt. The only reply was made by Dick, who asked what was wanted, and the next instant a flash paled the sheen of the moonlight, and a bullet sped from the revolver which Dick held, passing through Johnson's left hand, cutting his bridle rein, and shattering the hand in a horrible manner. At the same moment Dick's companion, who was not recognized by the Deputy Sheriff, fired, the ball passing Wm. Crutcher and entering the body of Martin, who dropped from his horse dead.


For a moment the fight looked dubious for the arresting party, for Johnston occupied most of his time plying his spurs and the butt of his revolver upon his horse, which he could not control in any other way, the bridle-reins being gone and the animal being frightened by the noise of the firing. Johnston finally found an opportunity to fire, and Dick was mortally wounded. The two robbers, wounded, then turned and fled, and about half a mile further on some people in a house by the road- side saw two men riding past at a furious pace in the bright moonlight, one of whom was reeling in his saddle, being supported by the other. Parties scoured the country during the night, but without result, and no trace was discovered of either until the next morning, when the driver and passengers of the Iowa Hill stage were horrified by the sight of a corpse lying by the roadside near the Junetion House. It was recognized as that of Diek, and he had ridden over a mile from the scene of his last fight before lying down to die. He was shot twice through the body, both bullets passing clear through, from breast to back and side to side. Either would have ultimately proved fatal, but the immediate cause of his death was from a bullet through the brain, whether inflicted by his companion or himself is a question. L. L. Bulloek, however, who was then Sheriff of the county, and who had the body con- veyed to Auburn, inelines to the belief that Diek, finding that he was bleeding to death, committed suicide, as he says when the body was found the arm was in such a position as would warrant the belief. When the body of Dick was found it was lying on a machilla, on a pile of brush, a saddle blanket partly covering him. He had ou a pair of kid gloves; in the right hand of one was a slip of paper, on which was scrawled in pencil the words :-


" Rattlesnake Dick dies but never surrenders, as


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HISTORY OF PLACER COUNTY, CALIFORNIA.


all true Britons do;" and on the other side was written, " If J. Boggs is dead, I am satisfied." He probably mistook Martin for Boggs, his inveterate enemy, and supposed that he had been shot, and these last words showed the hate and fear in which this prince of highwaymen held the brave Deputy Sheriff.


AN AFFECTING LETTER.


A letter was found on the body of Dick, from his sister, which, for pathos and true sisterly love, and deep, enduring affection, has seldom beeu equalled, and the sympathy which it awakens in the breast of every kind-hearted man or woman must be gen- nine. How two such beings, so different in every respect, could be allied by bonds of relationship is almost past belief. The following is a copy of the letter :-


SWEET HOME, March 14, 1859.


MY DEAR, DEAR BROTHER: I can scarcely believe, or rather realize, that I am again indulging in the privilege of addressing you, with the hope of being heard or understood-and tremblingly I ask that you, my beloved brother, the guide of my infant joys, the long lost friend of my childhood, will allow a renewed correspondence to open between you and your good old home. Oh! how our hearts have ached for a word from your own pen. Years have passed away sinee your last letter reached us- years that now seem to be lifetimes. I have grieved, but never despaired, for I have prayed to the Father that he would restore you to the paths of recti- tude; but if he has not already, you will say: Ah me! lle will never save me! But I say, faithfully, Ile will. Oh, brother, will you not be saved ? God sees your heart, while you read these words. Ile knows, if there is a secret wish there, it is to be a better man. If there be but the bud of a resolu- tion, He knows. Hear him say: "Seek ye first the kingdom of God, and all things shall be added thereunto." Jesus will raise your head and make you a new man. Go to Him, oh! my brother.


Will you not write a few words to your own home? It may, indeed, be a bitter task, but may it not prove a blessing ? Do try to overcome every obstacle; look down deep into your heart and see if there is not a wish to remember your sister, your own most affectionate sister.


HARRIET BARTER.


P. S .- Please do write, dear brother, and I will tell you so many things that will interest you. To Riehard H. Barter.


There was no envelope to the letter, and no indi- cation whatever as to where it was written or mailed, but as Dick received letters frequently, while in jail, from Canada, it is thought that this was from that section.


THE LAST OF THE TRAGEDY.


The body was brought to Auburn in a " prairie schooner," or mule team, and while lying on the sidewalk in front of Masonic Hall, in that town, an unwarranted indignity was imposed npon it by a prominent citizen named Sam Whitmarsh, who delib- erately raised his heavy boot and kicked the dead


desperado in the face. This action, in a great meas- ure, defeated him for the office of Supervisor a year later. The rugged Argonauts could not vote for a man who would thus grossly insult a corpse. Dick was buried in the elothes he wore at his death-fine black pants, light-colored vest, a light drab merino coat, and kid gloves. Thus ended the career of one of the boldest villains that ever stopped a stage or rifled a treasure-box. George W. Martin was buried by the Masonic Order, and ten years afterward Aleck Wright was tried for his murder, it being believed he was the companion of Dick on the night of the affray, as he left that section of country imme- diately afterwards, but the evidence was not suffi- cient, and he was acquitted.


It has always been a disputed point as to who really was with Dick on the night in question, some holding that it was George Taylor, and others that it was Aleck Wright, but it is generally considered that the latter was the man. The manner of his death is also involved in obscurity, but the theory that his companion on the night of the affray shot him is strengthened by the fact that Dick always told his gang that whenever it became impossible for him to escape, to kill him and get away themselves; but the position of Dick's hand, with a pistol in it, is no proof that he committed suicide. He found that he could go no further, and, knowing that the officers of the law were liable to discover him at any moment, wrote the lines quoted and gave the word to his comrade to kill him.


CIIINAMEN SLAUGHTER A FAMILY.


The people of Placer County, as well as of the State, were shoeked by the report of an appalling tragedy committed near Roeklin on the 15th of September, 1876. The locality was three miles north of Rocklin, on a place known as the Old Ryan Raneh. The victims were Mr. H. N. Sargent, a well-known and highly respected citizen of that locality, and Mr. and Mrs. Xavier D. Oder, employed by Mr. Sargent. The murderers were Chinamen, headed by a young viper named Ah Sam, who for a number of years served as cook in different private families in Auburn. A few days previous, Mr. Sargent had sold these Chinamen a mining elaim for $120, and the only known provocation for the murder was the desire on the part of the Chinamen to repossess the money. Mr. Oder and his wife were keeping honse for Mr. Sargent, and, as though afraid to make the attack on all at once, they, to decoy Mr. Sargent from the house, told him they wanted to purchase more min- ing ground, and wished him to go with them to the claim for that purpose. While on the way to the claim, and nearly half a mile from the house, one of the Chinamen walking in the rear shot Mr. Sargent in the back; turning quickly to face his assailant, a Chinaman in advance shot him again. Five times he was shot before he fell, and then, for fear he might survive, he was shot again in the head. After this,


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THE CRIMINAL RECORD.


it is supposed, the murderous wretches rushed back to the house and completed their bloody work on Mr. and Mrs. Oder, before hunting for the money. At all events, Mrs. Oder, shot with a pistol and her head eut open with an axe, was found lying in a pool of blood on the floor, and in an adjoining room, trunks, broken open with the same bloody axe that had served to scatter the brains of Mrs. Oder, were found, rummaged of their contents, and all in them of value, including the $120 received by Mr. Sargent a few days before for the mine, gone. About sixty yards from the house was the body of Mr. Oder, lying on his face, and pierced with three bullets.


Soon after the outrage, a neighbor passing by took occasion to eall. On approaching the door and see- ing the mangled and gory form of Mrs. Oder, he was horrified, and at once started for Rocklin to give the alarm. Officers were soon on the premises, who began at once a search for the murderers. They had no idea Mr. Sargent was killed, until, while hunting for the perpetrators of the horrible crime, they heard groans, and on going in the direction from which they emanated, found Mr. Sargent lying sense- less on his face, though still alive. He was at once taken to Rocklin and placed under surgical treat- ment, and though he revived sufficiently to recover his reason, during which time he gave the informa- tion that his assailants were Penryn Chinamen, and that Ah Sam was one of them, he died from the effects of his six wounds, any one of which might have proven fatal in time, about 9 A. M. the next morning. The Sheriff and Coroner were sent for, and while the former and his deputies scoured the country in search of the murderers, the latter held an inquest over the remains of the unfortunate vic- tims. The jury found in the case of Mr. Sargent, that he came to his death from wounds inflieted by Ah Sam and Ah Jim and another Chinaman to them unknown. In the case of Oder and his wife, they found that they came to their death at the hands of parties to them unknown.


During the raid by the officers, some fifteen China- men in all were taken into custody and lodged tem- porarily-until the arrival of the east-bound passen- ger train-in Exchange Hall, Rocklin, where a heavy guard was required to keep the enraged citizens, who began to gather around, from taking possession of the prisoners and lynching them. Out of all the China- men arrested, Sheriff McCormick decided to hold four, and on the arrival of the train it took much tact and determined work on the part of the officers to get these four through the crowd to the depot and on the ears. The four Chinamen were taken to Auburn and lodged in jail.


THE CHINESE EXPELLED FROM ROCKLIN.


On Monday morning, a meeting of the citizens of Rocklin was held, which decided to notify all the Chinamen in town to leave by six o'clock that even- ing, or be driven out. Many packed up and left at


once, and by 4 o'clock P. M., the last squad, burdened with their baggage, filed out of town, even to those who were employed by the railroad company. At 6 o'clock a body of men marched to the Chinese quarters and demolished every house, to a total of about twenty-five, that the moon-eyes had previously occupied. In one was a stove containing some fire, and when the roof fell; the rubbish was ignited, and for a few minutes quite a conflagration was threat- ened; but a stream from the force-pump at the Rail- road Round House prevented the fire spreading. Meetings were held the same evening at Roseville and Penryn, and at each place committees were appointed to notify the Chinese of the respective neighborhoods to leave before 12 o'clock the next day. It is useless to say that at the expiration of the time few Chinese were to be found at either of the above-named places.


A band of some fifteen to twenty armed men from Roseville, and another band of about 100 from Rocklin, traveled up and down the country from Penryn to Roseville, and out towards Folsom as far as the American River, visiting the various Chinese eamps, driving out the oceupants of those which had not already been deserted, and leveling their huts to the ground. Though determined in their work, they seemed not excited, and manifested no desire to plunder. At Pino, also, a delegation waited on the Chinese, and in a brief space of time there was not a Celestial around.


The only Chinaman to be found in that section of the country was John Boggs' cook, who in consider- ation of being allowed to stay, promised Mr. Boggs that he would render him assistance in hunting up all the guilty parties. Assisted by this Chinaman, Mr. Boggs was enabled to arrest one Ah Fook, at Folsom. This Ah Fook was said by Boggs' China- man to be one of the murderers. From the day of the murder the most vigorous scarch was instituted for the assassins, and various arrests were made of Chinamem supposed to be more or less connected with the affair. Some were discharged for want of evidence, while others were kept in custody. The arch rascal, Ah Sam, managed to elude the officers and keep concealed from those who desired to know his whereabouts.


EXPEDITION AFTER AH SAM.


J. C. Boggs, of Penryn, a special detective for the railroad company, had from the start been very dil- igent in his search for the perpetrators, and, as results show, his diligence was only surpassed by his perseverence. After putting together certain points in the case which he had been able to collect, he came to the conclusion that Ah Sam was some- where up in Plumas County, and, accordingly, about the 1st of February, he started for that region in hopes of procuring his arrest. On arriving there and making inquiry, he heard of a Chinaman that answered the description of the one he wanted. who


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HISTORY OF PLACER COUNTY, CALIFORNIA.


was at the time cooking for G. W. Gulliver, at the Gold Strike Mine, on Wolf Creek, near Greenville.


Arrangements were made for his arrest, but, when the officers gained the premises it was found that the bird had flown. Other Chinamen, hearing of Boggs' presence, had hastened ahead and warned Sam of approaching danger. Boggs remained in the neigh- borhood prosecuting his search for several days, until at length feeling that the culprit must be out of his immediate reach, he temporarily abandoned the search, and returned home.


DISCOVERY AND DEATH OF TIIE MURDERER.


Ah Sam, it seems, started for Rich Bar, which is on the East Branch of the North Fork of Feather River, about twenty-five miles from Greenville, but. owing to the deep snow and rugged country, he made his way with great difficulty. On the 15th of February, with his feet frozen and nearly famished with hunger, he made his appearance at the cabin of Mr. Ira Wentworth, which is on a high mountain off the road, and near Rich Bar. He desired food and shelter for the night.


Food was given him, but MIr. Wentworth refused to harbor him. The next morning he made bis appearance and again desired food, which was given him, and once more he went away. That day Mr. Wentworth went down to the Bar, and told the boys at the mine of the suspicious-looking Chinaman on the mountain. They had heard that the officers were looking for a Chinamen in that vicinity, and concluded this was the one, at all events they decided to arrest him, and for that purpose two young miners, T. J. Stentz and A. Buvinghausen, started in pursuit. They soon came on to Ah Sam. but, finding him intrenched behind a ledge of rocks, and armed with a pistol which he showed a disposition to use, they concluded that to take him without endangering their lives would require a larger force. Accordingly one remained and watched him, while the other went for reinforcements, which soon arrived to the number of eight armed men.




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