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, 1923, Part 28

Author: Reed, G. Walter
Publication date: 1923
Publisher: Los Angeles : Historic Record Co.
Number of Pages: 1026

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, 1923 > Part 28

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).

CHAPTER XX CRIMINAL RECORDS

I N THE earliest days of the county's his- tory, when there was practically no law to restrain the criminal element, and when the pioneer environment and training of those coming here were such as to make them value human life lightly, it was to be expected that crimes would be committed. During the period when the community was a law unto itself, it was naturally to be expected that crime would become rampant. As a matter of fact, in spite of the lack of legal restraint, the community at first was more free from crime than many older ones that were under the pro- tection of the law.

In 1850, however, when the rush to the land of gold had assumed greater proportions, bringing with the other immigration a per- centage of the criminal element, robbery and murder became more frequent and the opera- tion of the law that had taken the place of self- government was so slow that people became exasperated by its delays and arose to correct

the existing evils and took the execution of justice into their own hands.

Early Lynchings

The first victim of the aroused sentiment was a professional gambler named Frederick J. Roe. A quarrel arose at a monte table in the Mansion House, at the corner of Front and J Streets, and he engaged in a fight with an unknown man. They were separated several times by the bystanders, but as often renewed the conflict. At length Charles Humphrey Myers, a peaceable and industrious man and a partner in the blacksmithing establishment of Joseph Prader & Company, again parted them and was fatally shot by Roe, the ball, which entered his head, not killing him immediately. He was carried into the shop, where the sur- geons announced that his wound was neces- sarily fatal. A crowd gathered and the excite- ment became intense. Dr. Mckenzie, who was a member of the city council, mounted a wagon

153

HISTORY OF SACRAMENTO COUNTY

and made a vehement address, saying that crime had run rampant long enough and that the courts and officers did not seem able to prevent it. It must be stopped somehow, or honest and respectable people would have to leave the city ; that the people had the remedy in their own hands, and they owed it to society that they should exercise it. David B. Milne and Ross and Taplin spoke to the same effect. A meeting was organized and Ross was chosen president. It was ascertained that Roe had been taken into custody and was in the station house, at the corner of Second and J Streets, and the meeting determined to bring him out. A man named Everard addressed it, saying that if they ever intended to rid the city of the scoundrels infesting it, now was the time. He advocated the appointment of a committee to determine what should be done, and James Queen urged the selection of a jury to try the prisoner. The crowd frequently interrupted them with cheers and shouts of "Hang him."

City Marshal N. C. Cunningham addressed the crowd, saying that he had the prisoner in custody and that he could not escape, and asked them in the name of God and of Sacra- inento to let him be tried by the proper tri- bunal, the courts of the country. He was in- terrupted by the cries of "No, no; they have proved useless to prevent crime and punish murder." "If he don't get justice in the courts," said he, "I will help you to get it. I pledge my honor I'll resign my office and help you ; but I am an officer of the law and cannot let you have him." His voice was drowned in cries of "Let the people have a jury." Queen spoke again, saying that he was in favor of having laws and supporting them, but that they had proved inoperative, concluding, "Let us have a people's jury as San Francisco did."

C. A. Tweed was called to the chair and said he believed the prisoner was a great scoundrel and ought to be hanged, but he wanted it done according to law. He was hustled out of the chair and a man named Scranton replaced him. Justice of the Peace Bullock pleaded for law and order, but his voice was smothered by cries for a jury. A jury was chosen and all accepted except F. C. Ewer, who said he was a newspaper man and must report the pro- ceedings impartially and Dr. J. V. Spalding was appointed in his place. The jury retired to the Orleans Hotel on Second Street, and Levi Hermance was appointed foreman and George G. Wright secretary. A committee was appointed to guard the prisoner and see that the officers did not remove him. The mar- shal and other officers pleaded, but it had no effect.

The privilege of a lawyer for the prisoner was proposed and was voted down. Commit- tees were sent to the jury room to ask them

to hurry up, as they were too deliberate to suit the crowd of 2,500 people determined on lynch- ing. The committee reported that the jury was acting fairly, but needed the protection of the people to keep the lawyers out, as they could elicit the testimony themselves. The

lawyers were ordered out-and stayed out.

Tweed undertook to make the point that Myers was not yet dead, but the crowd would have none of it, and one man shouted that it was a deliberate murder that had made a widow and four orphans. "Blood for blood. He must die. All those in favor of hanging say 'aye'." He was answered by a storm of "ayes." Dr. Taylor wanted men to go with him and take the prisoner, saying that if they had him they would know where he was. A large number stepped forward, but were stopped by a cry that the jury had agreed. The verdict was read from the balcony of the Orleans and was listened to in silence. It was as follows :

"We, the committee of investigation ap- pointed by our fellow citizens to investigate the circumstances of the unfortunate occur- rence that took place this afternoon, report that after a full and impartial examination of the evidence we find that at about two o'clock p. m. this day, Frederick J. Roe and some other person, whose name is unknown, were en- gaged in an altercation which originated in the Mansion House, and that after said parties had proceeded to the street, and where they were fighting, Charles H. Myers, who was passing in the street, interfered with words requesting them to desist fighting or show fair play ; and that immediately thereupon the said Roe called out, 'What the devil have you to say?' and drew his pistol and without further provo- cation shot said Myers through the head.

"John H. Scranton, W. F. Prettyman, J. B. Starr, H. H. Langley, George G. Wright, Har- rison Olmstead, John T. Bailey, Edward Cronan, D. O. Mills, F. B. Cornwall, A. M. Winn, L. Hermance."

These signers composed the entire jury ex- cept Dr. Spalding, who participated for some time, but withdrew in consequence of what he considered the undue influence of the people's committee sent to the jury. As soon as the ver- dict was read, there was a stampede for the station house. Dr. Taylor, who had from the first urged immediate action, stated that he had conversed with the prisoner and found him penitent ; that he thought the murder was without malice or deliberation and he hoped a committee would be appointed to guard the prisoner till next day, when a course of action might be determined. He was hooted down by the crowd. A. D. Rightmyer said the ver- dict had been murder, and he considered it the duty of all good citizens to see it carried out ;

154

HISTORY OF SACRAMENTO COUNTY

he was ready, on his part. The assembly elected him marshal by acclamation.

About nine o'clock awning posts were pulled up and made into battering 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 pris- oners. 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 Streets. Arriving at the spot where a staging had been placed for the pur- pose, 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 English- man 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 5,000 people. Myers was not yet dead at the time of Roe's execution.

Thus ended the first lynching in the history of Sacramento. There was another one the following year, when a convicted prisoner was reprieved by the governor.

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 convicted and sentenced to death, the law at that time making robbery and grand larceny punishable with death, at the discre- tion of the jury. Judge Willis sentenced them to be hanged August 22, and Gibson and Thompson were executed on that day on an old sycamore tree at Sixth and O Streets ; but Robinson was first reprieved by the governor and afterward hanged at the same place by the people.

Early Crimes and Hangings

On the night of February 20, 1853, John Carroll, alias "Bootjack," 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. Wil- liam Durham, turned state's evidence when ar-

rested, and Jack Thompson, Barney Acker- man and Charles Stewart were sentenced to hang. A gallows was erected near Sutter's Fort on the open plain ; and on 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 be- tween 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 Garrett was hanged 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 daughter 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 sen- tenced to hang January 9, 1856, but took an appeal to the supreme court, which affirmed the judgment, and he was again sentenced and was executed. He was married to 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 or 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 accom- modate 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 compelled him to cut the mur- dered man's throat. Free was executed at Coloma, October 26, 1855, and in his confes- sion corroborated Kelly's statement. Wilson was the principal witness against Kelly and declared that Kelly cut 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 Monson, Decem- ber 20, 1855. He appealed to the supreme court, but the judgment was affirmed.

Peter Lundberg was executed April 30, 1860, at the water-works building, for the murder of John Peter Ritz. They worked for a man named Palm, and Ritz had a dispute over money with his employer. Lundberg con- fessed that he was induced to commit the mur- der and Mrs. Palm was arrested and tried, but

155

HISTORY OF SACRAMENTO COUNTY

acquitted. One dark night Ritz called on a friend above the old gas-works, and when re- turning, 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

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 Sut- ter County and George Armstrong, a moun- taineer of Virginia City. They left Marysville on July 25, for this city. They reached Nico- laus 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, saying that Wharton expected assistance and would wait until they came. Officer Deal and Whipple returned to Nicolaus 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. Stod- dard was driving, and Wharton sitting on the seat beside him. Behind them. on the bottom of the wagon box, sat Wells. Armstrong 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 Stoddard was shot and killed instantly, and a third shot dis- abled Armstrong. 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 Arm- strong 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 Armstrong'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 hav- ing 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 idea that they had cap- tured Wells. He proved to be Donald Mc- Donald, and was freed and later was presented with $600 by vote of the legislature, to com- pensate 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 Wash- ington Territory in 1864, by one of a party with whom he was traveling. The theory gen- erally accepted among the officers of Sacra- mento, however, was that he did not free him- self from the irons and was drowned while attempting to cross the Sacramento River. He had been known as a man of low charac- ter and a lounger at Wetzel's saloon, and fre- quently had been arrested for petty larceny.

Other Murders and Executions

The next execution was that of Louis Kahl, at the water-works building. November 29, 1861, for the murder of Catherine Gerken. The woman was found strangled in her room on L Street, about midnight on January 4, preced- ing, and the deed had evidently been for the purpose of robbery. Officer Frank Hardy, as- sisted by a convict called "Jimmy 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 satis- factory 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 quar- ter of a mile from the river, for the murder of A. Blanchard. He came to California from Wales in 1854, settling in San Joaquin Town- ship, 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 Blanch- ard's favor. A half-witted Englishman named Joe Blake was in Williams' employ, and as Blanchard was returning home from Sacra- mento on the night of August 3, 1860, Wil- liams 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. Wil-

156

HISTORY OF SACRAMENTO COUNTY

liams 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 water- works 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 be- fore it was known that the murder had been committed. On July 12 they crossed the ferry with four horses saddled and bridled and their clothing was wet and their actions suspicious. When they were arrested for the robbery they had a valise containing some bloody clothes, a stencil plate with the name of B. F. Russell on it and other articles belonging to the mur- dered man. In October, 1860, Symonds turned state's evidence in the robbery case, and short- ly 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 10. 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 25. 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 mur- der of Lieut. Webster Levergood, at Camp Bidwell, Butte County, on April 14. Hudson had been ordered on the double quick by Lieu- tenant Levergood for drunkenness in the after- noon, and in the evening Levergood 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" Mclaughlin, 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 Mclaughlin, which were published in a disreputable sheet called the "Mazeppa." Mclaughlin was indicted for the murder, and the regular venire of jurors be- ing exhausted, a special venire was summoned, which singularly was composed of the pris-

oner'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 ap- plied for bail, which Judge Ramage refused. A writ of habeas corpus was issued by the su- preme court, fixing bail at $10,000, the court holding that the fact of the jury's disagreement 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 mo- tion for a new trial. The judge adjourned court till next morning at nine o'clock. Mc- Laughlin 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 bail and the bail bond provided for his appear- ance for judgment and the execution thereof, and that by ordering him into the custody of the sheriff he would have been placed in con- tempt 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 16, a month before Morti- mer'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. Po- lice 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 Spen- cer, 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 Caroline 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,

157

HISTORY OF SACRAMENTO COUNTY

whom Mortimer acknowledged to be his brother. Mortimer feigned insanity during the trial, but was hanged in the presence of about 150 persons.

John Cruse, a sailor, was murdered for his money on the night of April 7, 1874, by Domin- go Estrada and Filomena Cotta, and so ener- getic was Chief of Police Karcher that the murderers were arrested and confessed before dark next day. Their case was appealed and great efforts were made by prominent men to induce Governor Booth to commute their sen- tence, but without avail, and they were hanged February 19, 1875. At the time of the execu- tion the housetops and trees in the vicinity of the jail were crowded with spectators.

David Turley, a sheep-herder, attended a horse race near Roseville, 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 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 eight 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 con- fined in the prison detail the particulars 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 net. There had been a fire at the Orphan Asy- lum 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 con- victed. When their terms expired, they were brought to Sacramento and tried. They pleaded guilty, with the understanding that their punishment would be life imprisonment.

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 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, 1923, Part 28

Author: Reed, G. Walter Publication date: 1923 Publisher: Los Angeles : Historic Record Co. Number of Pages: 1026

Author: Reed, G. Walter
Publication date: 1923
Publisher: Los Angeles : Historic Record Co.
Number of Pages: 1026