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 28

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

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stood stiff and unnatural. His opponent, cool and calculating, stood erect, and firm, and in in an easy position awaiting the command to fire." The pistols used were Aylett's pistols, with which Terry had been practicing. Broder- ick had never seen them until the fatal day. They were made especially for dueling, and the trigger was such that it could be made to pull hard or be fired at the touch of the finger by turning or loosening a little screw. Some witnesses stated that Terry was seen to place the pistol behind him just before the word to fire was given. According to the arrange- ments the second was to repeat the words, "Fire-One, two." Neither duelist was to raise his pistol before the word fire nor dis- charge it after the speaking of the word "two." The second repeated the words "Fire-one, and Broderick's pistol was discharged, the ball striking the earth about nine feet in front of Terry. Just before "two" was spoken Terry fired, his ball penetrating Broderick's right breast, piercing the lung. He slowly sank to the earth and died September 17. Was this a deliberate murder? Terry, turning to his sec- ond, said, "The shot is not mortal. I have struck two inches to the right." Broderick is reported to have said, "They have killed me because I was opposed to the extension of slavery and a corrupt administration."

Farcical Trial of Terry

Dueling in California was prohibited by law and so they went through the farcical per- formance of trying Judge Terry for murder. The friends of Broderick wanted Terry tried in San Francisco, but Terry's friends wanted it tried in another county. The place of trial was finally presented before the Supreme Court, and they declaring that to kill another person in a duel was not murder, and the case might be tried in any county. It was then transferred to Marin County and nicely jobbed. The county court was held at San Rafael. The judges very considerately stepped aside and Judge J. H. Hardy of Moke- lumne Hill, a close friend of Terry, was ap- pointed to try the case. The trial was set for July 6, 1860, and the witnesses were sum- moned to appear at 10 o'clock promptly on that day. As 10 o'clock drew near, some person, accidentally of course, set the clock one hour ahead. At 10 o'clock clock time, and 9 o'clock sun time, the jury were in their seats and the judge upon the bench. The judge then asked the prosecuting attorney, "Are you ready ?" "All ready, your honor," he replied. The names of the prosecuting witness were then called. Not one answered. They were then in a sailboat crossing San Francisco Bay, to arrive shortly before the true opening hour

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of court. No witnesses appearing the counsel for Terry moved that the case be given to the jury. The judge gave his charge to the jury. And without so much as leaving their seats

they rendered a verdict of "not guilty." Judge Terry walked from that court room a free man; throughout his life, however, he was branded as the murderer of Broderick.

CHAPTER XIII

THE FOREIGN POPULATION

Israel Zangwill, the great Jewish writer, calls America the "melting pot of nations." In relation to San Joaquin County this is true only in part. Many immigrants from other nations, notably those from Germany, Ireland, England, Scotland, France, and smaller nations have blended with the Americans in customs, habits and thoughts, but the Jews, the Chinese and the Japanese are as distinctive a race to- day as they were fifty years ago. The Chinese are apart and they have no desire to enter the melting pot, but their American-born children are fast adopting American ways. The Jap- anese are doing their level best to get into that pot, but the Americans tolerate them only in a financial sense. The Jews are apart be- cause they consider themselves "God's chosen people" and through their distinctive racial solidarity.

The foreign population of Stockton, as given in the United States census of 1870, was 4,102, not including the Chinese. Japanese there were none. This population was classified as follows: From England 532, Scotland 123. Sweden 153, France 189, Germany 1,084, and Ireland 1,581. The Chinese in 1860, according to the census, numbered 139, and in 1870 1.692. It was impossible to make a count during the mining days as they were coming and going by the hundreds, and suspicious of the Ameri- cans, they would not correctly report their numbers. Besides the nations named there were immigrants from Italy, Spain, Wales, Denmark, Norway, South America, Mexico, the Sandwich Islands and German and Polish Jews. What a fusion of metal they would have made had they all blended, but they did not blend ; had they done so this chapter could not have been written. Their customs, man- ners and religion were different, hence I have assembled these first-named, together with the Mexicans, in one chapter.

The Mexican People

The Mexican people of Stockton came orig- inally from Mexico, the sons and daughters of Spanish soldiers and Indian mothers. They were almost unanimously of the ignorant peon class. The American hatred of these people was the after-effects of the Mexican War, their

efforts to dig the gold and take it from the country and their admiration of a good horse regardless of its owner.

They were very poor and lived in shacks or hovels with scarcely any furniture, no car- pets upon the floor and in many cases not even a wooden floor, the bare earth serving them. They had no improvements around their houses, not even a fence or sidewalk, and often adjoining the house was the corral where they stabled one or two horses. Every family had one or more dogs and it seemed the poorer the family the greater number of canines. Nearly all of the families lived with- in sight and sound of the Catholic Church, and the bell was rung at 6 o'clock a. m. and 6 p. m., thus giving them the time of day. The families were located principally east of San Joaquin and south of Washington Street.

The men were engaged in the various occu- pations of sheep herding and sheep shearing, as pack-mule drivers, and vaqueros, for there were thousands of cattle, horses and sheep in the surrounding country that required herd- ing and handling for market. In the town a few Mexicans were engaged in manufacturing bridles, Spanish bits, spurs, hair rope, hair cinches, and stampers of leather for saddles. The men when not employed would lie around smoking cigarettes and gambling. The women would do all the housework, such as it was, even to the marketing, and day after day the women were seen with a shawl thrown over their heads, carrying their basket on their way to the grocer or butcher. They would always purchase the cheapest of meats, and then beg a piece of meat for the dog. Their principal food was flour, corn, beans and beef. They never used mutton or pork and cooked their foods in beef suet; everything they used was steeped in red pepper and garlic.

The Mexicans were expert horsemen and much of their work was done on horseback. They were also expert with the riata in catch- ing and throwing animals, although in neither their rope work or their horsemanship were they equal to the cowboys of today. They were great admirers of the horse and began riding horseback in early childhood. Their admiration for the animal was so strong that

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frequently they took possession of other peo- ple's property. Horse stealing became so com- mon, not only among the Mexicans, but the Americans, that a law was passed in 1852 mak- ing horse stealing a capital crime. It was repealed the following year and horse steal- ing went right on. The crime was socom- mon that severe measures were necessary to stop it, if possible, and the owner of the stolen animal was justified in killing the thief on the spot. A case of this kind was reported. A man named Weber lost a valuable horse and saddle in March, 1855. Having some idea of the direction the thief traveled, he obtained another animal and started in pursuit. The following morning he found his horse tied to a tree and nearby a Mexican cooking his breakfast by a campfire. Shooting and killing the thief he threw the body across the saddle horse he had stolen and brought him to town. Another case was that of Thomas Marshall. Early one morning in 1856, he heard a noise in his stable near the home in the south part of Stockton. Going to the door with his cocked revolver, he saw in the moonlight a tall Mexican leading one of his horses from the stable: Marshall fired two shots at him, and the man dropping the rope, ran like a deer for the street. That morning a tall, straight- as-an-arrow Mexican was found dead upon the sidewalk near the South Methodist Church. He lay there in the morning sun for over two hours before the coroner took charge of the body. Upon inquiry as to his death, Marshall informed the coroner of his actions early that morning. The Mexican had a wonderful vital- ity, as he had run over half a mile with two shots in his body, either one of them fatal.

One of the strongest characteristics of the Mexican was his revengeful nature, especially concerning womanhood, and among themselves they would fight to the death. Their favor- ite weapon was the bowie knife, and many of their women carried concealed daggers. Until the erection of the Clark Hotel a few years ago, there stood on the corner of Market and Sutter Streets a large oak tree, and around this tree, in 1858, was fought one of the most tragic duels of the state. Two Mexicans had some difficulty over a woman and going to this tree about three o'clock in the morning the two men fought round and round the tree until both were so badly cut that they fell exhausted and both died later. Several Ameri- cans saw the duel and said, "Let them fight, they are nothing but greasers." The men had fought so long that they wore a pathway around the tree, and it was covered with blood. Two Mexicans in July, '54, began disputing in the El Dorado. Saloon over some trivial matter "and as the subject waxed warm they concluded to fight it out with bowie knives. They proceeded down to the wharf near the

store of Paige & Webster and went to work with the precision of Mexican soldiers. One, a boy seventeen years of age, was stabbed twice in the arm and the other duelist landed in jail." July seems to have been a warm month for Mexican duels, for the newspaper reports one in July, 1853, between two senor- itas. The two women had some trouble over a dog, and they challenged each other to fight. They accordingly met between their respective adobes armed with bowie knives. The con- test lasted several minutes, each cutting the other severely.

Joaquin Murietta

The chief of the Mexican revengers was Joa- quin Murietta, who terrorized the central part of the state from 1849 to 1853. Joaquin, but nineteen years of age when he began his crim- inal career, was beyond all doubt the most daring. cool-headed and quick-witted of any of California's desperadoes. In his appearance he is said to have been a handsome light- complexioned Mexican with black curly hair and deep blue eyes. He was of splendid phy- sique, an unerring shot with a revolver and ready for any kind of daring adventure. Hail- ing from Mexico, he came to California in 1849 with a Mexican circus and located in Los Angeles. While there he fell in love with Rosita Felix, whose parents were Spanish and proud Castilians and objected to their daugh- ter's marriage with a Mexican, so they eloped. Going to Shaw's Flat, Murietta discovered some rich "diggin's" and began mining. One day a company of American bullies came along and finding that Murietta had a good thing attempted to drive him away, saying that greasers were not allowed to dig gold from the American soil. The young fellow held his ground. He said that he had obeyed the mining laws and had a perfect right to dig for gold. Then the cowards insulted Murietta's wife and when he resented it they knocked him down and severely beat him, and ravished his wife in his presence. The ruffians then fled, and Joaquin, stifling his revenge, went further back in the mountains, where he hoped the Americans would not come. Not long after this he visited Murphy's Camp, riding a horse belonging to his half-brother. Again a party of scoundrels greeted him with the re- mark, "You d-d greaser, where did you steal that horse?" Without waiting for him to give an explanation, they seized Joaquin, bound him to a tree and whipped him severely upon his bare back, turned him loose with the re- mark, "Now vamoose and never come back to these diggins unless you want to be hung." Burning with hatred against the Americans, he took an oath that he would have revenge for his three wrongs, for the Americans had not only outraged his wife and severely whip-

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ped him without any cause, but they had shot and killed his half-brother.

Organizing a band of some twenty of the worst desperadoes in the state, including Roger Felix, Pedro Gonzales and Manuel Gar- cia, better known as three-fingered Jack, for over three years he terrorized the great San Joaquin Valley with murders, robberies and daring exploits. His criminal record is un- surpassed by any other bandit on the Coast. Here is the record of Joaquin and his band for ten days in February, 1852: On February 12, at Mokelumne Hill they robbed an Ameri- can and four Chinamen. A party started in pursuit of the gang and easily tracing them found that at Big Bar on the 16th they mur- dered six Chinamen and got away with $10,000. On the following day a German traveler re- ported that the band had relieved him of $600. At Rich Gulch they killed three Chinamen and wounded five more, getting $10,000 in gold dust. The sheriff of the county and his posse now followed in pursuit and suddenly coming upon the band February 20, while robbing a bank, a fight took place in which the Mexi- cans came out second best. They all escaped. however, as the sheriff's horses were too tired to follow the bandit.

Joaquin Murietta was the Claude Duval of California as that famous highwayman, was the terror of England. Joaquin in his escape from justice was assisted by all of the Mexi- can people, who would act as spies and inform him of every movement of the officers. His band had the fastest horses in the country and committing a robbery or murder in one local- ity, the following day he would be a hundred miles distant. His escapes from an early death seemed almost miraculous, considering his daring exploits. It is said on one occasion he attended a fandango in Monterey. While on the floor dancing, the sheriff of the county came up to him and speaking in Spanish said, "Senor, have you seen anything of Murietta in your travels?" "No; but I should like to get hold of the gentleman." Quietly Murietta left the dance and in a few minutes was miles away. On another occasion he visited a saloon in Marysville and began playing monte. Dur- ing the conversation Murietta was discussed, and a card player remarked, "I would give a thousand dollars for a shot at Murietta." The desperado, jumping upon the table, ex- claimed, "You cowardly gringo, look, I am Murietta," and before the astonished party could gather their thoughts he ran to the door, jumped on his horse and sped away. One of his most daring escapes was at Stockton. A reward of $5,000 had been offered for Muri- etta's capture dead or alive and posters were sent out to that effect. One day several per- sons were reading one of the posters fastened on the side of a house when one of them ex-

claimed, "I would like to get that greaser in range of my gun, I'd pay my score. Murietta's gang caught me on the road below Angels Camp, they took my horse and all my gold dust, and tying me to a tree two of his men gave me a whipping, while Murietta looked on and laughed." About that time a horseman rode quietly along on a small, well-built mus- tang. He stopped and listened to the conver- sation for a few minutes, then dismounting he went to the poster and quickly wrote the words, "I will give $10,000 myself. Joaquin Murietta." Then with a quick spring into the saddle he swiftly rode away. Parties pursued him, but he had the fastest animal, a lead of many miles and pursuit was useless.

The authorities were determined to some- how break up and capture the outlaws, and in 1853 the legislature commissioned Harry Love, a well-known gun-fighter and ranger, to or- ganize a company of horsemen and capture the bandit. Love organized a company of twenty men, among them Captain P. E. Con- nor. They rode over the country for several months but could find no trace of Joaquin, for his Mexican spies, both men and women, whom he paid with much gold, kept him posted as to every movement of the Love party. Meeting with failure at every turn, Love finally resorted to strategy. During the day time he would ride in one direction and at night he would travel in another. In that way he deceived Joaquin's sentinels and they could not warn him as to Love's locality. On July 25, while Love and his party were traveling in Fresno County near Tulare Lake they noticed a rather suspicious smoke arising from the broad plain, the Mexicans were sitting around, some smoking cigarettes and others playing- cards. As soon as the Americans recognized the party they made a dash for the camp; the Mexicans, taken by surprise, made no effort to fight but fled in every direction. Joaquin was recognized by William Byrnes, one of the Love rangers, and he shouted, "This is Joa- quin, boys ; we've got them at last!" Murietta, springing from the ground, ran to his unsad- dled horse, which was staked out to feed, and jumping on his back dexterously threw a loop around his nose to guide him. Hoping to escape his pursuers, he ran his horse to a bluff and forced him to jump to the earth below. Some of the party riding around both sides of the bluff attempted to cut him off. Shoot- ing at Joaquin as he ran, one of the shots struck the animal and it fell. The desperado then attempted to run, but a well-directed bul- let ended his career and, throwing up his hands, he exclaimed, "No tira mas yo soy muerto," (Don't shoot any more for I am dead.) They severed the head from the body and preserved it in alcohol to prove that the famous bandit

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was no more. Later it was sold to some travel- ing showman and exhibited throughout the state.

The Fandango

One of the pleasures of the Mexican people was the "fandango," a lively Spanish dance. The fandango as danced by the Mexicans themselves was right and proper, for woe to the Mexican who insulted a wife or maiden, but later fandango houses became the vilest of vile resorts. There were several fandango houses in Stockton, and singularly enough one of them became the Baptist house of wor- ship. The authorities long tried to suppress these places and in 1854 succeeded. "The bet- ter element of society rejoiced today, March, 1854, because of the closing of the fandango houses. One year previous there were a dozen or more such houses, but from that time on they were gradually closed until they were reduced to a single fandango." A little later the famous gambling house, the "El Dorado," corner of Center and Weber Avenue, was closed. It was first run by John Owens, and later by John W. O'Neal, who figured con- siderably in politics. The press commenting on the closing of the El Dorado, said: "We are pleased to record the closing of the only gambling house in the city. John O'Neal, the owner, has concluded to convert the building into stores. Public gambling and fandangoes have yielded to the mandates of the moral sentiment of the community. The great acces- sion of women and children to our population has done much to influence these results. Schoolhouses have taken the place of gambling saloons and, in one instance, the gospel is preached."

The Cascarone Ball

A very pretty dance engaged in by the better class of Mexicans was what was known as the Cascarone ball. It was a dance by which favors were shown by the women to those men they most admired. This admiration was shown by means of egg shells filled with finely cut colored papers or perfume. The dance was celebrated in the spring of the year, when eggs were plentiful. The yolks of the eggs were drawn, the shell filled with the papers or perfume and the opening covered ·over. During the dance, or at any time, the woman would slip up, unseen by the favored one, and throw one of the egg shells at his head, and the shell breaking would fill his hair with the colored papers. Reserving the egg shells filled with perfume until the last of the dance, she would break them upon the heads of the men she most admired. It was considered an honor to be thus pelted, and a high honor to those who were thus perfumed. It served another purpose, for maidens could

thus designate those whose attentions they de- sired, and the wives, those whose friendship they respected. These Cascarone balls were given at intervals for many years, the last one being given along in 1880 in the old Pioneer hall, the Mexican population of the city and county being few in number.

Hanging of Judas

The principal sports of the Mexicans were the amusing sport of hanging Judas Iscariot, flour-throwing day and the barbarous sport of rooster-pulling. The last-named sport was was saintly in comparison to the cruel cowboy exhibitions of today. The first took place just before the crucifixion day of Jesus Christ. It was a religious performance and typified their hatred of Christ's betrayer. The Mexicans made up a dummy with a false mask and all kinds of horrible clothing and placed a quan- tity of gunpowder in the body; then seating him in a chair in an old tumble-down wagon, the older the better, drawn by two sorry-look- ing mustangs, they hauled Judas about the streets to the sound of discordant music and the jeers of the Mexicans. A short time be- fore ten o'clock mass in the Catholic Church, the procession halted on Washington Square, they hung Judas by the neck on a gallows already prepared for the arch traitor, then set fire to his legs, the fire crept upward, there was an explosion and Judas was blown into smithereens. A few minutes later the church bell rang and all of the Mexicans attended mass.

The Flour Battle

Amusing to all but the victims was the flour-day battle, and to engage in the sport of that battle the participants would spend every dollar they possessed, if necessary, to buy flour. The description of a victim of an event is sometimes better than a description by an observer on neutral ground and I will let the reporter describe what he saw and re- ceived good and plenty :

"The celebration of the last day of the car- nival took place yesterday-March 8, 1859- and at an early hour the Mexicans began their sports. The center of the fun seemed to be at the corner of El Dorado and Market streets, in front of the Phoenix Hotel. A band of music was in attendance and the partakers in the sport were arrayed in all manner of accou- trements, with cocked hats, soldier hats, stove- pipes. There were big Mexicans and little Mexicans and Mexicans of high and low de- gree. Mexican flags were flying from the ad- jacent buildings, and the fair sex were upon the balconies. The flour throwing was com- menced at an early hour, several victims hav- ing been fastened to a chair, overwhelmed with flour, and afterwards taken behind a sort of castle as prisoners of war. Later in the day

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the Mexicans formed into opposing forces, and at the sound of the bugle, charged upon each other, making the flour which they car- ried in bags, fly in a bewildering cloud. After pelting each other liberally they began throw- ing flour at the two or three hundred by- standers, who made excellent time from the spot. One of us got spotted and as a special compliment he received a pound or so of the staff of life, but his excellent traveling quali- ties soon removed him from danger. At a late hour "fatal curiosity," the same propensity which betrayed Mrs. Bluebeard into a very awkward scrape, tempted another of us to gaze upon the motley crowd in Center Street. The leader, Colonel Lopez, unfortunately hap- pening to be our Spanish interpreter, and wish- ing to pay the compliments of the season, the unlucky newspaper man, who was gazing, was seized by several stout hombres, and before he could say his soul was his own, he was de- luged with flour, enough to sustain a good- sized family a week. When he escaped the scribe could not tell himself from "Death on a pale horse." The rogues soaked it to him good. Though he appreciated the compliment and the three cheers, a little less flour would have been more acceptable. The sport was carried out in good humor and we hope to see another specimen, but far from the imme- diate danger of participation."

Rooster Pulling

The sport of rooster pulling was fun for the Mexicans but death to chanticleer. Its origin is unknown, but in its performance the Mexi- can riders displayed great nerve and expert horsemanship. The entire performance cen- tered around a rooster, his body planted in the earth, leaving his neck and head free. The feat was for a Mexican on horseback, riding rapidly past the rooster's head to quickly bend over and pull him from the earth. It was a difficult and dangerous feat, as the stumbling of the animal or the turning of the saddle would crush the rider's head against the ground. It was also difficult because the rooster would always dodge as the man's hand came near him. In this sport the riders were very cruel to their bronchos, as they would prick their long spurs into their quiver- ering flanks and stop them short, after passing the rooster, with their Spanish bits. It was no unusual sight to see the poor mustangs bleed- ing at the mouth, and their flanks gnashed and bleeding as if cut with a knife. When a rider succeeded in pulling a rooster from the earth it was his hour of victory and he was privileged to pelt his defeated companions over the head and shoulders with the body of the victim. Then would come the race to get out of his way. If they had faster horses they

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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 28

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