History of San Joaquin County, California : with biographical sketches of leading men and women of the county who have been identified with its growth and development from the early days to the present, Part 18

Author: Tinkham, George H. (George Henry), b. 1849
Publication date: 1923
Publisher: Los Angeles, Calif. : Historic Record Co.
Number of Pages: 1660

USA > California > San Joaquin County > History of San Joaquin County, California : with biographical sketches of leading men and women of the county who have been identified with its growth and development from the early days to the present > Part 18

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San Francisco to New York. There was a large crowd present to witness the starting of the first mail line. No attempt was made to take any passengers and the stage was loaded with blankets, provisions and the United Stats mail. Four employees of the company boarded the stage and a mounted guard rode on either side. At precisely ten o'clock the horn was blown, the mail was put on board, the crowd hurrahed and the stage was on its way. It was this line over which Horace Greeley came to California in 1858. It was sanctioned by Congress which appropriated a large sum of money, but the expense was so heavy and the results so small the line was discontinued in 1859.

CHAPTER IX JUSTICE COURTS-SQUATTERS-MOB LAW

I 'T is a surprising fact that so few persons in any community realize the value, the ne- cessity and the strict observance of law. As a rule they believe, or profess to believe, that they should respect and obey no law that does not meet their approval, forgetting perhaps that laws are passed for the good of the public in general and therefore should be obeyed by all honorable men regardless of their individ- ual opinion. To illustrate, note the thousands of honorable citizens who are daily violating the prohibition and the automobile laws, for- sooth they do not believe them just laws. In the early days of San Joaquin County there were hundreds of men who were of the same opinion as the "wets" and the "speeders". They had no respect for the laws, no regard for the rights, the property or the lives of oth- ers in that community. The consequence was - the laws were trampled under foot and all manner of crimes were committed.

A Riot of Crime

The cry of gold in California brought to the territory not only thousands of honest indus- trious young men, but it also brought hun- dreds of criminals from every land and nation, many of them steeped in crime. It became a place of refuge for men escaping punishment, and a place where criminals could continue in crime and reap greater rewards than in their own country, with less danger of being caught and punished. Among the worst of criminals who came into the state were those from Syd- ney, Australia, who were known as "Sydney ducks". You remember that many years ago Australia was the penal colony of England,

where all criminals were banished. They were a terror to the law-abiding citizen. The Stock- ton press in June, 1851, gave the following warning, "Look out, Citizens, we have been in- formed that eight 'Sydney Ducks' arrived on the steamer this morning. The dread of the Vigilance Committee in San Francisco has in- duced them to seek more healthy quarters." Then there were the Mexican criminals, for California in the early '40s was the penal terri- tory of Mexico. Because of the Mexican war there was no love lost between the Mexicans and the Americans. Then there came another class from the south and west, a bullying braggadocio class that despised a man who believed a negro was a human being and should be so treated. They declared that they had won the Mexican war and California be- longed exclusively to them. These men brooked no laws or restraint and always armed with a bowie knife or revolver, sometimes both weapons, defied any man or set of men to arrest or punish thme for any misdeeds. They would fill up on "old Kentucky Rye" and then mounting their mustangs ride rapidly up and down the streets whooping and yelling and firing their pistols in every direction. I have seen them cruelly spur their horses across the sidewalk into a saloon, drink from the bar when mounted, and then tell the barkeeper to charge it. If they didn't sweep his tumblers to the floor and ruin his fine looking glass with bullets, he was lucky. Sometimes a crowd of them in a saloon would draw their pistols and "shoot up the place". On one oc- casion the bullet went through the ceiling with the following result as quoted in the

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newspaper. "Died, February 22, 1851, Edwin Moss, twenty-six years of age. His death was caused by the accidental discharge of a pistol. He was asleep in an upper room and the pistol was discharged in a room beneath the ball passing through the floor and several blankets, then through the body, causing in- stant death." Nearly all of this class of men "died with their boots on" as was the expres- sion. They were shot and killed in shooting scrapes during the first ten or fifteen years.

Courts and Law

In order to suppress and punish outlawry such as this, laws and their enforcement were necessary. But for several months the county was without any laws except the good old moral law, Do unto others as you would they should do unto you. The state government was not organized until November, 1849; the county government in April, 1850; and the city government in August, 1850. The crimes which were daily taking place compelled the law-abiding citizens to adopt some form of government, and in want of something better they adopted the Mexican form of government. The Mexican form comprised what was known as the Courts of the First, the Second and Third Instance, all three of these courts cor- responding to our county, state and National courts. Mexico organized her government af- ter the United States model. Their officer, which was similar to our justice of the peace, was known as an alcalde, and his badge of of- fice was a heavy cane with a large round sil- ver knob at the head. After the organization of our government the legislature declared that the judicial officers should comprise a jus- tice of the peace, a court of sessions and a district court, the last named including two or more counties. The court of sessions was composed of a county and two associate judges. When the new constitution of the state was adopted in 1880 it abolished the dis- trict court and the court of sessions, substitut- ing for the last named a superior court and a county judge.

The justice courts of the early days were a joke and an instigator of crime and seldom legal or just in their decisions, because igno- rant and ofttimes unprincipled men were elected to the office. They would sometimes be intimidated by the counsel for the defense and dare not give a decision adverse to his client. Juries also were threatened. At one trial David S. Terry, laying his revolver upon the table, demanded that the jury acquit his client. These justices also favored and dis- charged all friends brought into court for trial and often accepted bribes. Knives and pistols were often drawn in the court room to enforce certain demands, and bedlam then broke loose. The judges were ignorant of law, often igno-

rant of the use of correct language. Some of the decisions of one of these judges have come down to us. His name was John J. Jenkins : he was a short, thick-set, round-faced man of southern birth, honest, easy-going and friend- ly with everybody, but he was ignorant of the first principles of law, yet being popular he was elected a justice and later district attor- ney. In September, 1854, Officer Connolley, one of the city police, arrested a man named J. R. Butler on the charge of grand larceny and took him before Judge Jenkins. The judge in recording this case in his docket said, "On examination of the complaint it found it to be petty larceny and twelve men were summoned to make a jury to try the case." After hearing the testimony they brought in a verdict of guilty. "I ordered him to have twenty lashes on the bare back and remanded him to jail." At another time, said the judge, "Officer Barnes brought into court Wm. Hill, a drunken worthless-looking fel- low, who had formerly been an inmate of the asylum. He had no money and on his prom- ise to leave the city I let him depart." An- other vagrant was brought before the judge, "Defendant James Wilson was brought before me as a vagrant; had no money nor did he look as if he ever would; discharged on condi- tion that he go to work or leave." At another time Pedro Antonio got off easily, "The de- fendant was charged with being drunk in the streets of Stockton. He said he had been sick, came to Stockton for medicine and his friends got him drunk, and as he was quiet and it was a holiday he was discharged." John Roberts was punished. He was arrested on the charge of furious riding through the streets. "I saw the offense committed myself; as it was an aggravated affair I ordered that he pay a fine of twenty dollars and stand committed until the same is paid." In February, 1855, a man was brought before the Justice "charged with assault and drawing a pistol, a six-shooter pepper-box pistol on one John Brown." The defendant was fined fifty dollars and the pistol forfeited to the city.

Terry's First Duel

David S. Terry, whose name will appear many times in this work during the first thirty years, was a young, hot-headed, blustering southerner from Texas. He was a firm friend, and a good hater of an enemy. His first duel was of the Damon and Pythian order, being willing to sacrifice his life on the altar of friendship. In the spring of 1850, Dr. W. D. Aylett, E. L. B. Brooks, Dr. Richard P. Ashe, Samuel A. Booker, William D. Fair and George G. Belt were all close friends in Stock- ton, together with a Dr. Roberts of Mexico, who professed to be a physician and surgeon. George G. Belt, who at the time was the pro-

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prietor of the Hotel de Mexico, learned by some means that Dr. Roberts was masquerad- ing under a false name and was in fact a noted bandit and horse thief. Belt, believing he was doing his friend Terry a kind act, told him of the character of the so-called Dr. Roberts alias Yeomans. Terry immediately denied the charge. This was equivalent to telling Judge Belt that he was a liar, a traducer of Terry's friend, and immediately Belt challenged Terry to a duel. The time, the place and the weap- ons were named, the duel to take place at day- light in the southwestern part of the town. Unfortunately the only definite account of this affair, so important in the history of the state because of the future prominence of Terry, is from the writings of James A. Woods, the pas- tor and founder of the First Presbyterian Church. He had just arrived in town the day previous with his family and was residing at the Dickenson House on Center Street. As early as "four o'clock in the morning the peo- ple of the Dickenson house, where we were lodging, were excitedly moving about getting ready to attend the "Field of Honor." Through the cloth partition he could hear them talking about the anticipated duel, and he came to the quick conclusion that there was a great ncessity for a Presbyterian Church organiza- tion. The large crowd gathered on the spot expected to see blood shed for both were brave men, and good marksmen. The bystanders however were disappointed as the seconds of Terry succeeded in showing him that Roberts was an impostor, and that he has been too hasty in calling Belt a liar. The duel was called off, and the two men shaking hands, resumed their former friendship. Terry be- came a Supreme Judge of the state, was im- prisoned by the Vigilantes of San Francisco, for stabbing Hopkins. The slayer of Broderick, then the leader of the Democratic party, Terry was shot and killed in 1889 in the Lath- rop Hotel by Naglee, the bodyguard of the United States Supreme Court Justice, Stephen J. Field.

The Stockton Alcaldes

Gallant D. Dickenson, a pioneer of 1847, was Stockton's first alcalde, under Mexican administration. He was an honorable man, a Christian layman, and his eldest daughter was the first of Stockton's brides. George G. Belt, the second alcalde, was the first official under American rule. James R. Reynolds, the third in office, was a very corrupt and dishonest

alcalde. Ben E. Williams was of the same stripe, and later elected county judge, was indicted for malfeasance in office. He was never brought to trial as the district attorney refused to prosecute him. George G. Belt, a large, portly Marylander, born in Baltimore,

came to Stockton in 1848, at the age of twenty- six years. He began merchandising, his store or tent having been erected on two lots given him by Captain Weber at the corner of Levee and Center streets. He married a Mexican woman by whom he had a large family. He later engagd in stockraising and farming and finally located in Merced County.

Tragic Death of Alcalde Belt

Belt was killed June 3, 1869, by William Dennis, a pioneer and former city councilman in a shoot-at-sight duel.' The two men had had some difficulty over money matters, and Den- nis said that Belt had cheated several men out of their money. The two men parted, each threatening to kill the other at sight. On the day mentioned Belt came to Stockton on business from his Merced home. He was doubly "heeled" for his enemy with a der- ringer pistol and a bowie knife. A derringer was a single-barreled firearm, a very deadly weapon, carrying a large ball and was known as a duelling pistol. On arrival in Stockton, his friends warned him of the threat made by Dennis. "I don't think there is any danger," he said, referring to his weapons. Passing a gun store, he exclaimed, "I think I had better reload," and the weapon was reloaded. While standing on Center Street about 12 o'clock, talking with some friends a loud report rang out and Judge Belt fell dead upon the side- walk, a bullet crashing into his brain just un- der the left ear. Wm. Woods, running up to the body exclaimed, "Who did this?" "I did," said Dennis. "I gave him just what I prom- ised him." The homicide was arrested by the chief of police, Wm. F. Fletcher, (later a mem- ber of the Oakland police force for many years), and taken to jail.

Dennis had been one of Stockton's most quiet and peaceful citizens. He was a widower, a man of considerable property, and evidently considered himself justified in the act, especial- ly after the coroner, Morris H. Bond found a bowie knife on Belt, nearly new, and his right hand in his coat pocket firmly grasping a der- ringer. The public had no sympathy for the deceased as he was always known as an over- bearing, bullying fighter, but they did not ap- prove of the manner in which Dennis killed him. It appeared cowardly, Dennis probably hiding behind some grain sacks, as he was only four feet away when he fired. Then came the trial before Judge Joseph W. Cavis in the district court. The grand jury had in- dicted Dennis for manslaughter, and the con- test was to save the old man from state's prison. The district attorney, E. S. Pillsbury, was assisted in the prosecution by N. Greene Curtis of Sacramento, acknowledged the best criminal lawyer in the state. The defendant was represented by local attorneys, Joseph H.

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Budd, Samuel A. Booker, Wm. L. Dudley. L. T. Carr and Peter S. Wilkes. The trial commenced October 25, 1869, and continued two weeks, other business being brought up and postponed from day to day. November 9 at 12:30 Pillsbury began the closing argu- ment, followed by Budd at 4:15, he closing at 9:10 that evening. Dudley occupied the morning session and a part of the afternoon, Booker speaking from 2:30 until 4:30. Court then adjourned until 7:30 and Curtis closing at 11 o'clock p. m. The judge then delivered his charge and the jury, locked up for the night, returned a verdict the following morning of "guilty of murder in the second degree." The verdict was not much of a surprise for at that time two other murder cases were on trial and a third murderer had just been captured. The judge sentenced Dennis to the state's prison for ten years. He there died in less than twenty months.

Punishments for Crime

The punishments for crime were many in number and included hanging, whipping, im- prisonment, ducking, branding and for lesser crimes, railriding and blanket-tossing. The punishment of whipping was inflicted at the public whipping post. At the time of the jus- tice court was located on a brig in the channel a whipping post was erected on the bank, and the culprit, bare to the waist, was fastened to the post and the number of lashes, imposed by the court, laid on with a heavy whip. Aft- er the renting of a building for a jail, the pris- oner was privately whipped. Thongs were fastened around his wrists thrown over the cell door and fastened on the other side. The punishment of ducking was executed by fas- tening the prisoner to the yard arm of the brig and then lowering him into the water several times, until justice was satisfied. These punishments were illegally inflicted hundreds of times upon criminals or presumed crim- inals by mobs of men, and a case in point of both whipping and branding was that of Janu- ary 4, 1851. A few miles out of town on the Calaveras River a man was caught stealing a horse. He said he was a Kentuckian and gave a fictitious name. A jury was impaneled and after trial was sentenced to be hung. A gentle- man present begged for and saved his life, but the fellow was given fifty lashes and branded horse thief.

In the following month, February 23, the sympathetic editor said under the caption "Served Him Right," "On Sunday last a man formerly employed in the American navy, was detected in the act of stealing a mule near the bridge. The crowd speedily procured a rope, tied it around his neck and forced him into the water. He swam across to the opposite side and was then pulled back again by means

of the rope. The crowd was then tying him up to a tree to give him a lashing when the marshal appeared and took him to jail."

Imprisonment was the most common form of punishment and for those jailed only a few days for minor offenses the question was asked, "Why should these fellows lie in jail with board and lodging at the expense of the public?" This question was asked in 1861 by the editor of the Stockton Independent when the authorities decided to put the prisoners at work improving the court house grounds. The Independent said, "Hereafter when an in- dividual gets drunk, and breaks windows and abuses policemen, and everyone else, instead of nice board and lodging at the public ex- pense for a few days, he will be expected to do some work. This is an excellent idea and will prevent crime instead of increasing it." Said the Times, "Every week we have the proof of the necessity of a town council and the punishment of criminal outcasts. Why should we not have a chain gang to perform such labor as cleaning the streets? San Fran- cisco derives much benefit from their services." The chain gang was at work on the streets at different periods of time and as late as 1888 five Chinamen were at work and two police- men, Nap Edwards and Thomas Towle, guard- ing them. About this time some vagrants were put to work on Main street, and one of them was in a disgraceful condition. It was a cold day and the man had on no clothing but a faded coat and pants all rags. It excited the sympathies of the passersby and James H. Budd declared that if the man was not taken back to jail and given some decent clothing he would prosecute the whole crowd, mean- ing the officials. On another occasion some- time later the men were worked on the streets. and Frank D. Nichol took up their case. One of the vagrants demanded a jury trial, and the attorney by a very shrewd fallacious ar- gument proved that it was no crime for a poor man to walk along the sidewalk. The man was acquitted and the entire bunch turned loose to again beg from door to door and con- tinue their petty crimes. Later regular em- ployees were engaged by the street superin- tendent to clean the streets and a political machine formed of city employees.

In the earlier days the "boys" had an ex- cellent method of getting rid of deadbeats and fakers by what was known as railriding and blanket-tossing. It was fun for the fel- lows but tough on the victim. A lawyer de- fending these fellows would have been given the same medicine, neither his profession nor dignity would have saved him. The riding of a man on a rail was a very severe punish- ment even torture, especially if the man's hands were tied. Blanket-tossing was a very novel and ludicrous proceeding ; strong blank-

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ets were used with leather handholds on each side. The offender was tossed up in the blan- ket, and the severity or lightness of his pun- ishment depended upon the tension of the blanket whether held taut or loose. In Aug- ust, 1856, a man blew into town and proceeded to do everybody with a hard luck story. He obtained considerable money from the mer- chants, hotelkeepers and others and then dis- appeared. In a few days he returned with the same gladsome smile and the "dead broke" appeal. The boys this time "spotted" him and concluded to have some fun. As he approached a man in a saloon and asked the loan of a dollar, the blanket men rushed in and the deadbeat was soon trying to bump the ceiling of the room. Then one of the handles tore out, and the man was allowed to depart. Un- wisely entering another saloon, he asked the barkeeper for a drink; in the meantime the sports had obtained a second blanket and now grabbing the poor fellow they tossed him up to the "queen's taste." The following morn- ing he was seen about six miles out, hiking for Sacramento.

A Fake Shakespearean Actor

The pioneers had no respect for self-conceit- ed persons impostors or dudes. A funny inci- dent happened to a would-be actor; his name was McDonald and he claimed to be a Shakes- pearean actor. He came to Stockton in 1857 and advertised that he would give readings from Shakespeare in the Stockton Theater. The price of tickets was one dollar. The citi- zens had heard of him in other places but they concluded to pay their dollar, and get their money's worth in fun. The house was crowd- ed, for it had been whispered around town that there would be a barrel of fun. The man had neither dramatic or elocutionary ability and appearing on the stage amidst pro- longed applause he poorly recited "The Fate of Genius." He then began a selection from Hamlet.

"To be or not to be, that is the question" Just about that time a potato, thrown from the gallery, hit the back of the stage. He gave no heed to the coming storm but con- tinued his reading. Several potatoes were thrown in quick succession. Believing that was Stockton's way of honoring a genius, he held his ground. Then cabbages began to fill the air and McDonald thinking it was about time to get under cover turned to leave the stage. The reception committee were there to receive, bearing with them a strong blanket. Grabbing the actor they began tossing him up at a lively gait, every bounce sending him higher toward the top of the proscenium. The audience was in an uproar, laughing and yell- ing. As soon as McDonald was given his

freedom he made quick tracks from the the- ater and left town as soon as possible.

Judge Reynolds Holds Court in Saloon

John Nye, who owned and managed the Gault House, now the location of the United States Hotel on Center Street, a man of prop- erty and later for many years snare drum- mer in the cornet band, told me this story of Alcalde James R. Reynolds. He and Samuel Geddes, in 1849, erected a small one-story brick building on the corner of Center and Main streets at a cost of $14,000. The build- ing was occupied as a saloon, the proprietor giving it the name of the Central Exchange. A noted gambler named "Bob" Collins rented a portion of the room for gambling tables, paying $1,000 a month rent; business was not as lively as he anticipated. At this time Judge Reynolds was holding his court on board a store ship in Stockton channel. Collins con- ceived the plan of having the Judge move his court to the saloon. '"If we can get him to do that," said Collins to the proprietor, "it will draw a crowd to court and we can do a way-up business." It was agreed between them that the Judge was to have plenty of free whisky and a bedroom in the attic. Bob that day saw the Judge and walking down to the Exchange, they took a social drink. Bob brought up the subject of the removal of the court to the saloon; he showed the ad- vantage of the location, the fine room, free lodging, and then they took a drink. The Judge immediately fell for the scheme, and moved his extensive office holdings and li- brary consisting of a table, pen and ink, old Spanish law book and his bed to the Central Exchange. Everything was harmonious in the new quarters, the bartender sold his liq- nors, the gamblers dealt out monte and the Judge held court in one corner of the room. One day a young fellow came into the saloon and deposited some money in Collins' bank. He called for his coin the following day and Collins laughed at him, saying, "You are dreaming, you left no money here." The fel- low insisted that he had left some money and commenced suit against Collins for its recovery. While the case was in progress the judge, stern appearing and dignified, sat in an arm chair elevated upon a large dry goods box. The money had been brought from the safe and was lying upon the table. The parties could not come to any decision in the matter and finally some one suggested that Collins and the young fellow divide the money. The lawyers for the parties now began to hedge. "I want my fee out of this," said D. S. Terry. "And I shall have my fee," exclaimed Lawyer Perley, putting his hand behind him as if to draw a weapon. In an instant fifty hands

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History of San Joaquin County, California : with biographical sketches of leading men and women of the county who have been identified with its growth and development from the early days to the present, Part 18

Author: Tinkham, George H. (George Henry), b. 1849 Publication date: 1923 Publisher: Los Angeles, Calif. : Historic Record Co. Number of Pages: 1660

Author: Tinkham, George H. (George Henry), b. 1849
Publication date: 1923
Publisher: Los Angeles, Calif. : Historic Record Co.
Number of Pages: 1660