History of Sacramento County, California, with biographical sketches of the leading men and women of the county who have been identified with its growth and development from the early days to the present, 1913, Part 32

Author: Willis, William Ladd
Publication date: 1913
Publisher: Los Angeles, Cal., Historic record company
Number of Pages: 1098


USA > California > Sacramento County > History of Sacramento County, California, with biographical sketches of the leading men and women of the county who have been identified with its growth and development from the early days to the present, 1913 > Part 32


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penitent; that he thought the murder was without malice or delibera- tion and he hoped a committee would be appointed to guard the pris- oner till next day, when a course of action might be determined. He was hooted down by the crowd. A. D. Rightmyer said the verdict had been murder, and he considered it the duty of all good citizens to see it carried out; he was ready, on his part. The assembly elected him marshal by acclamation.


About 9 o'clock awning posts were pulled up and made into bat- tering rams, under the blows from which the doors of the station house soon gave way. Deputy Sheriff Harris stood in the doorway with a small posse and by remonstrance and threats to fire kept the mob at bay for a short time, but they soon crowded in and took him and his posse prisoners. Roe was found chained in an inner cell and it was found difficult to get his shackles off. As soon as that was done he was informed that he was to be hanged forthwith on one of the large oak trees that stood on Sixth street, between K and L street. Arriving at the spot where a staging had been placed for the purpose, he was placed on the stage, his hands and feet tied, and Rev. M. C. Briggs was sent for. Through him Roe said that he had shot Myers in a fit of passion and had nothing more to say in self- defense, that he was an Englishman by birth, was twenty years old and had a mother and sister living in England. After the minister had concluded his duties, a noose was placed around the prisoner's neck, the rope being thrown over one of the big limbs of a tree, and many strong hands drew him up to his fate in the presence of five thousand people. Myers was not yet dead at the time of Roe's execution.


Thus ended the only lynching in the history of Sacramento, ex- cept one the following year, when a convicted prisoner was reprieved by the governor. Only the presence of the military prevented the hanging of Raten for the murder of Lansing, many years later.


July 9, 1851, William H. Robinson, James Gibson and John Thompson knocked down and robbed James Wilson in broad daylight, on L street between Fourth and Fifth. More than a thousand people assembled around the jail and violent speeches were made, but it was finally decided, after a jury had been appointed and could not agree, that the parties should be indicted and tried the following Monday, when a special term of court would meet. They were tried and con- victed and sentenced to death, the law at that time making robbery and grand larceny punishable with death, at the discretion of the jury. Judge Willis sentenced them to be hanged August 22, and Gibson and Thompson were executed on that day on an old syca- more tree at Sixth and O streets; but Robinson was first reprieved by the governor and afterward hanged at the same place by the people.


On the night of February 20, 1853, John Carroll, alias "Boot-


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jack," one of a gang of thieves, was killed on the levee near Tenth and B streets by his associates, who suspected him of being a traitor. One of the gang, William Durham, turned state's evidence when arrested and Jack Thompson, Barney Ackerman and Charles Stewart were sentenced to hang. A gallows was erected near Sutter's Fort on the open plain, and April 29, 1853, they were hanged on it in presence of a large concourse. Thompson was twenty-five years old, Stewart twenty and Ackerman nineteen.


Ah Chung, a Chinaman, was hanged between J and K streets, just below Sutter's Fort, May 9, 1856, for the murder of Ah Let, whom he claimed was his wife, and unfaithful to him. His execution was public and was witnessed by a large number.


Samuel L. Garrett was hung near Sutter's Fort, June 27, 1856, for the murder of Amiel Brickell at the Golden Eagle Hotel, April 26, 1855. Brickell had a difficulty with Garrett, relative to the dangh- ter of the former, whom he claimed Garrett had seduced. The quarrel ended by Garrett's shooting Brickell. He was tried before Judge Monson, convicted and sentenced to hang January 9, 1856, but took an appeal to the supreme court, which affirmed the judgment and he was again sentenced and executed. He was married to Miss Harriet L. Brickell, the daughter of the murdered man, by Justice C. C. Jenks, on the prison brig the Sunday before the execution, in the presence of a large concourse. She attempted suicide by taking poison a day of two before he was hanged.


William S. Kelly was executed at the same time for the murder of Daniel C. Howe at Long Valley, Eldorado county. Mickey Free, George Wilson and Kelly went to the cabin of Howe and Ruggles, traders, on the night of July 10, 1855, for the purpose of robbery. Free shot Howe dead and Wilson shot Ruggles with a rifle, but did not kill him. Ruggles turned his side to them after being shot and asked them to kill him. Free said he would accommodate him, and stabbed him several times with a bowie knife. After Ruggles was dead, Wilson said Kelly must have a hand in the deed also, and com- pelled him to ent the murdered man's throat. Free was executed at Coloma, October 26, 1855, and in his confession corroborated Kelly's statement. Wilson was the principal witness against Kelly and de- clared that Kelly ent Ruggle's throat before he was dead. Kelly got a change of venue in November, 1855, to this county, and was tried and convicted before Judge Munson, December 20, 1855. He appealed to the supreme court, but the judgment was affirmed.


Peter Lundberg was executed April 30, 1860, at the waterworks building, for the murder of John Peter Ritz. They worked for a man named Palm and Ritz had a dispute over money with his em- ployer. Lundberg confessed that he was induced to commit the mur- der and Mrs. Palm was arrested and tried, but acquitted. One dark night Ritz called on a friend above the old gas works, and when


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returning, was shot dead. The police suspected that Palm was the murderer, and Officer Burke went to his house, finding Mrs. Palm alone there. Burke turned down the light and waited and in a short time Lundberg appeared and the muddy condition of his clothes led the officer to suspect him and he was arrested.


The case of William Wells, in 1860, is still talked of among old timers, on account of the singular circumstances connected with it, and the mystery connected with his fate. Some time during that year an old man named Matthias Wetzel was murdered and robbed of a large amount of jewelry and precious stones. Wells had been arrested at Virginia City for the murder, some of the property being found in his possession. He was on his way down from Virginia City to Sacramento, in the custody of Deputy Sheriff Wharton of Sutter county and George Armstrong, a mountaineer of Virginia City. They left Marysville on July 25th, for this city. They reached Nicolaus safely, but at that place Wharton went to the stage driver and told him that Whitney, the driver of the up-stage, had informed him that the morning stage from Marysville had been met on the Lisle bridge by a party of men who looked like a rescuing mob. Whipple drove into the town without his passengers and reported to the officers, say- ing that Wharton expected assistance and would wait until they came. Officer Deal and Whipple returned to Nicolans and there learned that Wharton had engaged a wagon, and a man named W. C. Stoddard, to go with them, and that they had left Nicolaus by the river road to avoid the supposed mob. At about 1:30 a. m. the party arrived at a point about half a mile from Swift's bridge over the American river. Stoddard was driving, and Wharton sitting on the seat beside him. Behind them, on the bottom of the wagon box, sat Wells, Arm- strong being stretched out on the bottom of the wagon, fast asleep. Stoddard said to Wharton, "We are near to Sacramento. You would better wake Armstrong up." As Wharton turned, Wells shot him in his right side, knocking him off his seat, upon the horses. Then Stod- dard was shot and killed instantly, and a third shot disabled Arm- strong. By this time Wharton had disentangled himself from the horses and fired at Wells, who was escaping, and who returned the fire, striking Wharton in the thigh. Wells appeared to have felt perfectly safe, as he started towards Sacramento, then went down to the river and took a row-boat, rowed back to the scene of the murder and robbed Armstrong of the money and jewelry stolen from Wetzel. He had evidently taken the key to his handcuffs from Armstrong's pocket as he lay asleep, unlocked the handcuffs and then taken Arm- strong's revolver from his belt and used it with such fatal effect. Armstrong died that day, and Wharton the next.


For several years Wells was reported as having been seen, first in one state, and then in another. In March, 1866, the officers brought to Sacramento a man whom they had arrested in Idaho under the


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idea that they had captured Wells. He proved to be Donald McDonald, and was freed and later was presented with $600 by vote of the legislature, to compensate him for loss of time and damage to his reputation. The last heard of Wells was a letter received by the Union from a man in Idaho, stating that Wells was killed in Washington Territory in 1864, by one of a party with whom he was traveling. The theory generally accepted among the officers of Sacra- mento, however, was that he did not free himself from the irons and was drowned while attempting to cross the Sacramento river. He had been known as a man of low character and a lounger at Wetzel's saloon, and frequently had been arrested for petty larceny.


The next execution was that of Louis Kahl, at the waterworks building, November 29, 1861, for the murder of Catherine Gerken. The woman was found strangled in her room on L street, about mid- night on January 4th, preceding, and the deed had evidently been for the purpose of robbery. Officer Frank Hardy, assisted by a convict called "Jimmey from town", arrested Kahl the following afternoon at the Father Rhine house, on J street, opposite the plaza, and the murdered woman's watch was found on his person. He could give no satisfactory reason for having it, and was tried, convicted and sentenced to hang. His case was appealed to the supreme court and sent back to the district court with directions to carry out the sentence. Kahl was a native of Germany, twenty- three years of age.


May 20, 1864, William Williams was hung in the outskirts of Washington, about a quarter of a mile from the river, for the murder of A. Blanchard. He came to California from Wales in 1854, settling in San Joaquin township, in partnership with Blanchard. They had quarreled and dissolved partnership, but had ranched as neighbors and could not agree. A dispute about a horse resulted in Blanchard's favor. A half-witted Englishman named Joe Blake was in Williams' employ, and as Blanchard was returning home from Sacramento on the night of August 3, 1860, Williams and Blake lay in wait for him in a ditch, Williams having a pick handle and Blake a wagon spoke. Blanchard was found dead next day, with his head terribly mutilated. Williams was arrested and convicted of the murder.


B. F. Russell was murdered near Benson's ferry on the night of July 11, 1860, and George Nelson Symonds was hanged in the old waterworks building on December 4, 1863, for the murder. Symonds and Monroe Crozier had been arrested for robbery committed in Placer county, immediately after the murder, but before it was known that the murder had been committed. On July 12th they crossed the ferry with four horses saddled and bridled and their clothing was wet and their actions suspicions. When they were arrested for the robbery they had a valise containing some bloody clothes, a stencil plate with


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the name of B. F. Russell on it and other articles belonging to the murdered man. In October, 1860, Symonds turned state's evidence in the robbery case, and shortly afterwards Crozier escaped.


In October two bodies were found in the slough near the ferry, which had evidently been sunk there several months before, and were discovered when the water dried up. They proved to be Russell and a man named Selizer, who had started early in the season for the mines at Coso. Symonds was brought down from Placer when the bodies were found, and tried before Judge McKune March 9, 1861, convicted and sentenced to hang May 10th. The supreme court granted him a new trial which was begun June 2, 1862, and on the 6th he was sentenced to be executed July 25th. He again appealed to the supreme court, which affirmed the judgment of the district court and he was sentenced for the third time and executed.


Frank Hudson, a corporal in Company I, Second cavalry, was executed at Camp Union Agricultural Park, June 16, 1865, for the murder of Lient. Webster Levergood, at Camp Bidwell, Butte county, on April 14th. Hudson had been ordered on the double quick by Lieutenant Livergood for drunkenness on the afternoon, and in the evening Livergood was shot and died in two days. He was certain that Hudson shot him, and as the latter deserted at once there was a strong case against him. He was captured, tried by court martial, brought here and hanged.


The case of "Tip" MeLaughlin, who shot and killed a man named Charles Lundholm, a barkeeper in the Railroad Exchange saloon, on the evening of June 17, 1870, excited much attention and criticism. . It was alleged that Lundholm had written some slanderous stories about a relative of MeLaughlin, which were published in a disreputable sheet called the Mazeppa. MeLaughlin was indicted for the murder, and the regular venire of jurors being exhausted, a special venire was summoned, which singularly was composed of the prisoner's friends. The prosecution exhausted all their peremptory challenges and were forced to go to trial. The jury disagreed after being out three days, and the prisoner's counsel applied for bail, which Judge Ramage refused. A writ of habeas corpus was issued by the supreme court, fixing bail at $10,000, the court holding that the fact of the jury's dis- agreement indicated a grave doubt as to the crime being murder in the first degree. The second trial was held in October and the jury brought in a verdict of murder in the first degree, and Mclaughlin's attorney gave notice of a motion for a new trial. The Judge ad- journed court till next morning at 9 o'clock. MeLaughlin was not given into the custody of the sheriff and walked quietly out of the court room. He was seen at various places around the city that night, but when court commenced next morning he was nowhere to be found, and a number of years ago he died in South America. Judge Ramage held that the order of the supreme court admitted the prisoner to


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bail and the bail bond provided for his appearance for judgment and the execution thereof, and that by ordering him into the custody of the sheriff he would have been placed in contempt of court.


Charles Mortimer was executed in the yard of the Sacramento county jail, May 15, 1878, for the murder of Mary Gibson. His name was Charles J. Flinn and his brother, William J. Flinn, came on from Massachusetts to rescue him, and was killed by Deputy Sheriff Cross on the night of April 16th, a month before Mortimer's execution. The woman, who lived on "Jib-boom" street, was found murdered on the morning of September 20, 1872. Her face was lacerated by a blow from a broken glass, and strychnine was found in a glass of beer. Police detectives Len Harris and Nick Dole went to investigate and were accompanied by E. B. Willis, then a reporter. Willis noticed some hairs from a man's whiskers grasped in the dead woman's hand and called their attention to it. The officers suspected Mortimer and when he was arrested it was found that he had shaved and that an abrasion showed some of his whiskers had been torn out. Carrie Spencer, his companion, was also arrested and in their room some of Mrs. Gibson's property was found. A paper of strychnine was also found in Mortimer's pocket. After his conviction he made a confession, which was published, and stated that he had killed Caro- line Prenell in San Francisco the May previous. As stated, his brother tried to rescue him, ringing the bell of the jail about half past one in the morning. The night jailer going out into the yard was confronted by a masked man, with his coat turned wrong side out and a revolver in his hand. He fired twice and killed the man, whom Mortimer acknowledged to be his brother. Mortimer feigned insanity during the trial, but was hanged in the presence of about one hundred fifty persons.


John Cruse, a sailor, was murdered for his money on the night of April 7, 1874, by Domingo Estrada and Filomena Cotta, and so energetic was Chief of Police Karcher that the murderers were arrested and confessed before dark next day. Their case was ap- pealed and great efforts were made by prominent men to induce Gov- ernor Booth to commute their sentence, but. without avail, and they were hanged February 19, 1875. At the time of the execution the housetops and trees in the vicinity of the jail were crowded with spectators.


David Turley, a sheep herder, attended a horse race near Rose- ville, April 1, 1875. He had been drinking and was on horseback. A farm hand named W. H. Shaw, intoxicated and on foot, applied an epithet to Turley, who drew a pistol and shot him dead. He then rode to Roseville and surrendered himself and was brought to Sacramento and tried. Creed Haymond defended him and took the ground that Turley was so much intoxicated that he was not responsible. The


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law, however, recognizes no such excuse, and Turley was convicted and hanged, February 25, 1876.


A murder that for many years remained a mystery was that of Joseph Scott, a policeman, who was shot on the night of December 7, 1878, about 8 o'clock in the evening, on Seventeenth street, between I and J streets. A citizen heard the shot and saw four men running from the spot, one of whom wore a long white coat. Several years after, James Ivey, a convict in San Quentin, informed the authorities that he had heard three men confined in the prison detail the par- ticulars of the murder, and that they had committed it. They were brought to Sacramento on the expiration of their terms and confessed that they were ex-convicts and had stolen a ride from Marysville, in company with another ex-convict named Edwards. Jumping off as the train slowed up near Twentieth street, they started down town with the purpose of robbing the first man they met. There had been a fire at the Orphan Asylum at Nineteenth and L streets that evening and Officer Scott had been detailed to watch the ruins. The men met him on Seventeenth street, attempted to rob him, and when he resisted, Edwards shot him and they all ran away without searching him and caught a train to Stockton. Three of them went to Sonoma county, robbed the house of Judge W. C. Wallace and were apprehended and convicted. When their terms expired, they were brought to Sacra- mento and tried. They pleaded guilty, with the understanding that their punishment should be life imprisonment. In the meantime Edwards had gone east and was confined in a state prison there.


One of the most remarkable murders in the records of crime was that of a rancher on Grand island named A. M. Tullis, who was killed August 1, 1878, and was found dead in his orchard. He was a bachelor living alone on his ranch, and no motive could be found for the murder, as he was not known to have any enemies and no property was taken. Some little time afterwards some pieces of lumber, evi- dently part of a duck boat, were found in the tules on the opposite side of the river. Further down and on one of them was a calcula- tion of lumber surface. The board was taken to the various lumber yards in this city and finally identified by a salesman as made by him- self. The lumber had been purchased by a Swede named Edward Anderson, who was curious about the method of figuring, and the salesman had explained to him and repeated the figures on one of the boards purchased. The drayman who delivered the lumber stated that he delivered it at the house of Troy Dye, at that time public administrator. The neighbors stated that a boat was made in the basement of the house and an expressman took the boat to the river. Parties had seen two men passing down the river in an unpainted boat, and described them. Dye and Anderson were arrested and con- fined in separate cells, and both confessed fully. Dye had agreed with Anderson and a gambler named Tom Lawton to kill a number


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of wealthy persons in the county who had no relatives in the state, in order that he might make commissions by administering their estates, and divide them with those who killed them. Tullis was selected as the first victim, and Anderson and Lawton went to his ranch in the duck boat. They met him in his orchard and while in conversation with him, Anderson struck him with a sand bag and Lawton shot him. They then rowed across the river and started up the road, where Dye met them by appointment in a buggy, the agreed signal being that he should whistle "The Sweet Bye and Bye." They returned to Sac- ramento and on the same night Anderson returned to his work on a threshing machine in Sutter county. It was agreed that in case of danger a letter should be written to him, signed with a fictitious name, underscored once or more, to indicate the degree of danger.


On August 8th a letter was sent to Anderson with the signature double underscored, as follows:


John A. Parker, Esq .:


Your child is very sick. You must come home at once. It would be well to come down in the night. It would be so much cooler for you. Call at the Doctor's new house. I will be there. Yours in haste,


Charles Parker.


Anderson came down and was arrested by the officers, who were watching for him. Lawton got wind of danger and was never cap- tured. Dye and Anderson were convicted and executed in the jail yard March 28, 1879. The defense of Dye was on the ground that several years before he had received an injury which had caused a lesion of his brain and consequent insanity, and there was a division of opinion among medical witnesses on the subject. After his conviction a sheriff's jury declared him sane.


On the afternoon of April 10, 1882, a tragedy occurred that would have caused a lynching if the militia had not been called out to pro- tect the jail. Simon Raten, a Siberian, had been beaten in a quarrel with a man and had applied for a warrant and been refused. He procured a revolver and meeting the man on K street, near Fourth, took a shot at him and ran away, followed by a number of people. While passing up an alley between K and L, Third and Fourth streets, James Lansing, proprietor of the International Hotel, ran ont and tried to stop him. Raten shot him in the stomach and he died that evennig in great agony. Lansing had been sheriff and assessor, and had a host of friends. Excitement ran high, and several thousand people surrounded the city prison, threatening summary vengeance on Raten. The mayor addressed the crowd, urging them to let the law take its course, but to no avail. The militia were summoned and drove the crowd away, and a gatling gun was placed in the prison door,


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ready for action. Raten was placed on trial a month later and con- victed.


At the same time Joseph Hurtado shot and killed a man named Estuardo at Front and I streets and was convicted and sentenced to hang. The attorneys for Raten and Hurtado appealed their cases to the state supreme court, but to no avail. They then carried them to the supreme court of the United States, on the ground that an information filed by a district attorney under the provisions of the state constitution was void, and that no man could be put on trial for a felony until after he had been indicted by a grand jury. It was further claimed that the state constitution contravened the federal constitution, but the United States supreme court in an elaborate opinion held the point was not well taken and the men were re- sentenced to death. Raten meanwhile gave indications of insanity and was sent to Stockton. He was kept there in the asylum for a number of years, but was discharged some years ago as cured. On his way to Sacramento he met some Japanese and without provocation killed one of them near Hicksville. He was tried and recommitted to Stockton, where we believe he died. Hurtado died of consumption in the county jail before the day set for his execution.


In March, 1888, John Lowell went from his ranch near Brighton to his other ranch in Eldorado county, about seven miles from Folsom. Not returning search was made for him and his body was found buried under his Eldorado cabin on June 2nd. Three men, John Henry Myers, John Olson and William Drager, brought some horses, a buggy and harness of Lowell's to this city and sold them openly. They were arrested, made a full confession that they had gone to Lowell's ranch ostensibly to cut wood, and that while they were going out to look at the wood, one of them had shot Lowell with a shotgun, their motive being robbery. They were taken to Placerville, convicted and hung. Lowell some years before had trouble with some parties near Brighton, in which he shot and killed a man named Joseph Bowers, but was tried and acquitted.




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