USA > California > San Luis Obispo County > History of San Luis Obispo County, California, with illustrations and biographical sketches of its prominent men and pioneers > Part 76
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"Gentlemen, ourselves, our arms, and our animals are at your disposal. The Californians will not be influenced by us, however, to go in search of these men. Some of them are their countrymen, and claim kindred with them."
That is enough; they will not stir. Now this is the fact, the Californians in this country claim the right to rob and murder hueros and gringos with impunity. They do not oppose us openly, but they breathe "curses not loud but deep" against us. They would to morrow clear the whole gang in a court of law.
ANOTHER ARREST.
SAN LUIS OBISPO, June 14, 1858.
Events come thick and fast in San Luis at this time. In my last I recounted the progress of matters after the execution of Luciano, the Mesteño-the man who took Madame Baratie to San Juan, after the murder of her husband. On Sunday, the 6th June, another of the mal- efactors, one José Antonio Garcia, was brought into town by a party who had been sent after him into Santa Bar- bara County. This man, like the Mesteño, confessed his fault and disclosed the names of his accomplices. The crime of which he was accused was that of complic- ity in the murder, on the Ist of December last, on the Nacimiento, of the two Bosque Frenchmen, Pedro Obiesa, and Graciano. His confession, translated, reads as follows :--
HIS CONFESSION.
On the 28th day of November last, in Albarelli's bil- liard room, in San Luis Obispo, Jack Powers invited him to rob the two - Frenchmen. After some persuasion he consented to assist in the job, and that morning went to the Santa Margarita, to the Paco horse-race, there to await Jack's arrival. On the 20th saw Jack arrive at Santa Margarita, at Joaquin Estrada's house, and talked with him. On the 30th he, Jack Powers, and a man named Eduviquez went out and slept at the corner of Estrada's fence together. In the night Powers com- plained of the tardiness of his two other companions, Pio Linares and the Huero, Rafael Herrado. . However, about break of day, the two last named arrived, and all four then galloped over the main road towards San Mig- uel. Thence taking the Peach-tree Road, they went six miles to a spring, near which the body of Graciano was
since found. Here they all stopped to water their horses, Powers, Eduviquez, and Garcia riding on ahead a couple of miles-the other two lagging behind-the first men- tioned arrived on a side-hill where there was plenty of grass, and Powers proposed to stay and feed their horses. While they were doing so, they saw one of the French- men coming along in the distance, and Rafael and Pio making for him. Heard shots fired, and Powers said: "What are they doing? That's very bad." They waited a little longer, and heard more shots, whereupon they saddled up and went in that direction, where they found the two bodies stretched out on the road, about fifty yards apart. Garcia then expressed his horror at the deed that had been committed, which was so great as to make him feel sick, and, after taking a drink of water, to leave the place and return. At San Miguel, Eduviquez overtook him and handed him $200, which Jack Powers had sent him of the proceeds. This he took and dis- posed of.
HIS EXECUTION-LETTER TO HIS MOTHER.
This José Antonio Garcia, with Eduviquez, were inti- mate companions here of Jack Powers, and for a short time lived in the same house. The Huero, Rafael, who was also in the San Juan Capistrano murder, was so much a friend of Jack's as to be termed by the Spaniards here "Hermano de Jacky Powers." Powers brought him up from Los Angeles because he found him to be a ready and daring tool to carry out Jack's enterprise. José An- tonio Garcia paid the penalty of his crimes, at 3 o'clock on Tuesday afternoon, 8th June, surrounded by the united population of San Luis Obispo. The padre ad- ministered to him the last rights of the Catholic Church. He was the only one of the culprits lately executed who died to all appearances truly penitent, and exhorting all his friends to take warning by his fate, and to avoid evil companions. The following is a letter sent by José An- tonio to his mother, in Santa Barbara, just before his exe- cution. It was written in Spanish, but the following is the translation :-
"SAN LUIS OBISPO, June 6, 1858.
"BELOVED MOTHER: Providence has ordained that this shall be my last day, on account of my crimes. I conform to it, and at the same time remain entirely repentant (and trusting) in the goodness of our sovereign God, that he will pardon me. The last request that I ask of you, my mother, is that you pardon me my faults, and at the same time, that you, in my name, ask pardon of the whole people, and that they pray for my soul. Give the last adieu to my father and to all my family, and tell them that I died as a good Catholic, entirely repent- ant, and with the firm hope that God will pardon me. The priest will be at my side up to the last moment. Pardon and pray for my soul. Your son,
"JOSE ANTONIO GARCIA,
"In presence of the Reverend Father Juan Comapla, Parish Priest."
PARTIES IN PURSUIT OF THE REMAINING MURDERERS.
On that night a party of ten men, armed and equipped, set out for the tules, with two horses each, furnished by well affected rancheros, and determined not to return without finding some trail of the remaining villains. On Wednesday evening, 9th June, another party, after pay- ing a visit to the ranchito of Pio Linares, and bringing in all his horses, as a preventive measure, started out to- wards Santa Ynez and La Purissima, where the robbers were said to be. They were on a false scent, for the ras- cals were upon a hill overlooking San Luis at the time, and spied the party going out, taking it to be two parties, as when it started to visit Pio's ranch it was seen, but
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HISTORY OF SAN LUIS OBISPO COUNTY.
not on the return; while it was again seen on the final start. The thieves thus supposed that it was two par- ties. This frightened them. They began to think the San Luis people were in earnest; and at night moved down into an immense wood of willows, situated on the Osos Rancho, Captain Wilson's, about ten miles from San Luis. Here we got wind of them.
THE HUERO AND PIO LINARES IN DISTRESS-CORRAL- ING SOME OF THE GANG IN A WOOD.
On Thursday morning, 10th June, Captain Wilson sent word that one of the murderers had been seen. The Captain's shepherd had been accosted near the wood by the Huero Rafael, and after inquiring for his uncle who had formerly lived on the rancho, he offered the shep- herd $22.00 to go and purchase for him some food. He said Pio Linares was with him, and that they had nothing to eat for several days. The shepherd at first refused to take the money, but upon being threatened, agreed to accept the commission. He came immediately to his employer, Captain Wilson, gave up the money, and gave information. As soon as the news reached San Luis, a force of about thirty men was raised, who in about two hours' time arrived on the ground. Search was made on horseback through the wood, but no one was found. At length, at about 3 o'clock in the after- noon, a party of about fifteen dismounted, and com- menced searching where the wood was too dense for the entrance of horses. Tracks were found; then three horses tied under some willow bushes, then two saddles, and a small bag of provisions. Night was coming on, and it was deemed proper to guard the wood until morn- ing, then to prosecute the search further. A cordon of sentries was formed-wide apart, however, on account of the extent of the wood in comparison to the small num- ber of men. At about 10 o'clock in the evening a shot was heard, and one of the sentries received a ball, fired from the brush, through the instep. The guards were then withdrawn, trust being placed in our trackers, and it being deemed advisable to let the robbers get out of the wood and take to the open country.
PIO LINARES RECOGNIZED.
In the morning it was found that they were still in the wood, and a party of about twenty men started in to hunt them. Taking up the trail where it was left the day previous, they came upon the saddle-bags of the princi- pal villain, to wit, Pio Linares. These were recognized by his coat, which was found in them, and his wife's por- trait. Going on a few steps further, the party was fired upon from the thicket of the brush, and then for the first time a glimpse was caught of them. One of the party was shot through the arm, and another had his coat ripped up from the collar to the waist by a rifle ball. Several shots were fired in return, one of which, as was afterwards learned, shot the above-mentioned Pio Lin- ares through the leg.
ENGAGEMENT WITH THE MURDERERS.
Prudence again prevailed over valor, and the pursuing party again took position outside of the wood. Attempts were made to fire the brush, but with little success. Couriers were then sent all over the county, and by night from 100 to 150 men were on the ground. A close line of sentries was placed on the points most likely to be used for an escape. All that night the hungry and thirsty malefactors could be heard breaking their way through the wood. As we afterwards learned they had almost reached the edge of the brush on the side opposite to that on which they had entered, and were ready to break through when morning interrupted them. A party of
twenty-four men was then formed under Captain Mal- lagh, all volunteers, and mostly Americans, who entered the wood, and crept along on their bellies, for several shots from the robbers again pointed out their vicinity. Position was then taken as near as possible to them. In about a quarter of an hour, the head villairi, Pio Linares, was shot through the head, and the other two, to wit, Miguel Blanco and Desiderio Grijalva, captured. The pursuers lost one man killed, John Matlock, a well- borer, late of San José, and two wounded, William Coates and a Mr. Cross, late of Santa Cruz.
It was learned from the two prisoners that they had eaten no food for four days; and that Linares had kept them from giving themselves up, which the rest had been willing to do for some days past. The prisoners stated that they had suffered so much from hunger, thirst, and fatigue, that they had come to the conclusion that death was preferable to such a state of misery. Linares, how- ever, wanted to sell life for life. He it was who did most of the shooting.
THE DEAD BURIED-EXECUTION OF BLANCO AND GRIJALVA.
The dead men of both sides and the prisoners were brought into town. The wounded men were left at Captain Wilson's house, who voluntarily cared for them. Next day, Sunday, 13th June, Matlock was interred in the Catholic burying-ground, it being proved that he had received Catholic baptism. All the population of San Luis Obispo were present at the funeral ceremony, Padre Juan Comapla officiating. Next day, Monday, 14th June, Miguel Blanco and Desiderio Grijalva, after receiv- ing the consolation of religion at the hands of the priests, were led out to execution, and were hung at the hour of 1 o'clock P. M., in presence of the entire people of San Luis. Both the prisoners made a full confession of their guilt, both before the Notary Public and at the scaffold; and each of them exhorted their countrymen and friends to keep from bad company, and to preserve themselves from following the paths of sin. Both acknowledged the justice of their sentence, and expressed themselves as content, in their own words, "to pay their debts." They did pay it.
HOW THE MURDERERS' ACCOUNT STANDS.
Of the eight persons who were accomplices in the San Juan Capistrano massacre, five have now expiated their crime by cord or pistol, to wit: Santos Peralta, Luciano Tapia, Pio Linares, Miguel Blanco, and Desiderio Gri- jalva. Three yet encumber the earth, to wit: Rafael Herrado, Jesus Valenzuela, and Froilan Servin. Of these six accomplices of the Nacimiento murder, two have paid the forfeit-Pio Linares and José Antonio Garcia. There remain Jack Powers, Nieves Robles, Eduviquez, and the Huero Rafael Herrada. We are on their track, and some of them, at least, will yet pay for their crimes with their lives.
WHAT BECAME OF THE HUERO- THE NATIVE CALIFOR- NIANS RISING.
SAN LUIS OBISPO, June 22, 1858.
It appears, from the testimony of the two men capt- ured and hung, that the Huero Rafael, after giving the money to the shepherd to buy provisions, had not re- joined his accomplices. He probably stayed on the look- out until he saw the party after him, and then had not time to rejoin his companions, but sought refuge in another part of the wood, after shooting the guard. The same shepherd says that he saw and fired at him after Linares was killed and the party and prisoners had retired. The taking of these three men, I am happy to
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THE VIGILANCE COMMITTEE.
say, at length stirred up the Californians, and a party of them started on the Huero's trail. On Monday, the 14th June, after the hanging of Grijalva and Blanco, a commission as Deputy Sheriff was given to the Hon. Romualdo Pacheco, our Senator, who, with a party of eighteen Californians and New Mexicans, started in search.
PURSUIT BV PACHECO'S PARTY AFTER THE HUERO.
On Tuesday afternoon, we again got wind of the Huero. A Mexican peon, who had gone out on business to Lin- ares ranchito, where these villians were first scared up, came in and gave intelligence that he had there tied his horse in order to get a drink of water, and that the Huero had suddenly appeared from behind a tree, and taken possession of the horse, afterwards riding off. The Mexican is a man of very suspicious character, but, in evidence of the truth of his statement, he produced a double-barrelled shot-gun, which was left behind by the Huero, and a twenty-dollar gold piece, which he had re- ceived for the horse. The horse was a fine one, worth $150, and belonged to Fernando Linares, brother of Pio. Of course complicity in the flight is suspected, either on the part of the peon, or Fernando, or both; but all hands are still at liberty and unmolested, as a standing reproach to all who maintain that the San Luis Obispo people take notice of light offenses, or pursue crime with too much rigor. Information of the flight was soon sent to Pacheco and his party, who immediately started for Santa Barbara, on the Huero's trail. The last news heard from him is that on Friday last, 18th of June, at II A. M., he started from Los Angeles, still on the Huero's trail, and twenty- four hours behind him. Pacheco had with him the Sheriff of Santa Barbara, and five other men. We have strong expectations here that Pacheco will catch him.
FRANCISCO ZUNIGO DISCHARGED.
On the 19th Mr. Blackburn came down on the steamer from San Francisco, bringing with him Francisco Zunigo, charged with participation in the San Juan Capistrano murder. Madam Baratie is unable to recognize him, and there is no evidence, except that of one of the servants, who at present is in San Francisco. The murderers who have been caught so far speak of no such man. They only implicated in that deed seven men, to wit: Mesteño Luciano, Desiderio Grijalva, Hnero Rafael, Miguel Blanco, Santos Peralta, Jesus Valenzuela, and Froilan Servin, be- sides Pio Linares who backed out in the sight of the scene of murder, and returned without assisting. Zunigo has been discharged for the present, but kept in surveil- lance in care of two of his countrymen until further news. I am confident that the man is innocent.
VALUE OF THE NATIVE CALIFORNIANS IN THE MATTER.
In view of the remarks made before in this article, touching on the supineness and neglect of the Califor- nians to act against the murderers, without retracting what was then said, I am happy to state that a portion of them, with the Hon. Romualdo Pacheco at their head, have in good earnest set about doing their part of the work, being the best horsemen, they are the men who can do more in a chase than any of us. Furthermore, if they interest themselves, it will cut off a great deal of the comfort and assistance given to these fellows at the native ranchos. We are all rejoiced that the better portion of the Californians have taken the opportunity, however tardy, to set themselves right before the community. It gives us hopes for better times hereafter.
GROWING STRENGTH OF THE VIGILANCE COMMITTEE.
Every day brings more aid to the committee. Every
rogue that is taken and hung brings an accession of from twenty to thirty more names to the Vigilance Roll. These men know the villians and their crimes, and it is nothing more than fear of assassination that has kept them off. Besides, many half-honest Spaniards have heretofore lain quiet and tolerated, and even cloaked the crimes which have been committed, because they saw no hope for a redressal of them, and had not the energy to stand alone and aloof from them. Now that the united Americans and foreign- ers of the place have stretched out a strong hand to their succor, they embrace the opportunity to avail themselves of their protection, and to come out from the paths of sin.
WHOLESOME RESULT OF THE MOVEMENT.
The excitement heretofore reigning in the public mind is now partially allayed. The horses which the committee had stabled up in town ready to pursue the assassins, have been returned to their owners. All the parties have been called in, except one which we have lost track of in the Tulares, and three or four men under Pacheco, who are in pursuit of the Huero. Men walk about uuarmed- transact their business, and feel at their ease. I have heard many a man say: "A load has been lifted from my mind !" It is true that business does not flourish so much. There is less money spent now in the billiard-rooms and drinking houses, and on gambling tables. And it was time that this should be. The fame of San Luis Obispo has long ago gone forth as being a place sustained and fostered by the fruits of assassination and robbery. All this must now change; and it will be a glorious change, although half the business done in San Luis should perish in consequence.
PROSPERITY PROSTRATED BY CRIME.
The damage done to this county by the incarnate fiends who have infested it heretofore is incalculable. The county was, at the time of the perpetration of these atrocities, in a critical period of its existence. It was then attracting attention all over the State as being a sec- tion of country presenting peculiar advantages to the set- tler. It is essentially a stock country. When there is no grass in any other county, here it is found in abun- dance. It is sufficiently well watered for stock. It is not an agricultural county, and therefore there is more room for the stock-owner than elsewhere. There is a large quantity of public land within its boundaries. Mr. Henry, Deputy United States Surveyor, had lately arrived, and was busily engaged surveying the public land, and divid- ing it from that belonging to the Spanish grants. Many beautiful little spots were being, by his survey, demon- strated to be public land, which before had been claimed by the old grantees. The fame of all this was getting abroad, and not a month passed without bringing one, two, or three persons, good American citizens, looking for a place to locate. Old ranches were changing owners. Señor Pujol, a very worthy gentleman, a native, I believe, of old Spain, had purchased the San Simeon Rancho. A respectable Californian named Castro, from Santa Cruz County, had purchased part of the rancho of San Geron- imo. The Messrs. Blackburn, of Santa Cruz, had pur- chased the Paso Robles Rancho, and quite a colony of Americans had settled in around them, and between them and Captain Mallagh's rancho, the Huer-Huero. Finally Borel and Baratie, two worthy Frenchmen from Alameda and Contra Costa Counties, were about to fol- low their example. Now how changed! Ten days after their arrival, a band of cut-throats, living right among us, and breaking bread at our tables, lighted upon them and wiped them out of existence, and the poor woman, a respectable and educated lady of mixed Spanish and English blood, was compelled to flee with a bandit to a
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HISTORY OF SAN LUIS OBISPO COUNTY.
more hospitable country, without knowing there existed a county seat within forty miles of her, with an American county organization, and a corps of officers whose duty it is to prevent and punish crime. What wonder that immi- gration to this county is temporarily stopped? What wonder that intended settlers pause before they trust themselves in such a nest of brigands? What wonder that the county has been set back years in the path cf progress?
THERE IS A GOOD TIME COMING.
But there is a good time coming. The people of San Luis have arisen and cast off this leprosy. They have determined to be vigilant in the repression of crime. They have stricken at its very root. They have hanged and shot the known leaders in the work of bloodshed. Soon we shall have no more need for this spasmodic ac- tion. The committee will disband, but every member of it will hereafter continue vigilant in the support and exe- cution of the laws. The laws are good. No one but skeptics in American progress doubt this. They only want administering by trustworthy men, and sustaining by a healthy population. That healthy population we have not; but we have the nucleus of it, and confidently hope that, now the late tumult has about subsided, a new stream of immigration will set in. With but fifty more good American settlers, we shall have enough to see that American laws are observed and respected and enforced. Then San Luis Obispo may be looked upon, as she really is, one of the most desirable counties of the State. Her soil and climate are almost unrivaled. What she lacks in is population. WALTER MURRAY.
The undersigned citizens of San Luis Obispo have read the foregoing statements, and find them to be sub- stantially true :----
S. A. POLLARD, I. H. HILL,
JOHN M. PRICE,
WILLIAM L. BEEBEE,
H. G. ABBEV,
TOMAS DE HERRERA,
DAVID P. MALLAGH,
A. ALBARELLI,
W. J. GRAVES,
H. M. OSGOOD,
FREDERICK HILLIARD, JOHN PATTON,
THOMAS GRAVES,
PATRICK McMIST,
THOS. R. THORP, M. D., P. A. FORRESTER,
CHARLES W. DANA, NICOLO RAVELLO,
C. H. JOHNSON,
ANTONIO CAQURIO,
F. CASTRO,
D. D. BLACKBURN.
N. B. It is worthy of note that the assassins of San Juan Capistrano were taken exactly one month after the committal of their crime-May 12th, the murder; June 12th, the arrest.
CHAPTER XXXIII.
VIGILANCE COMMITTEE CONTINUED.
Anti-Vigilance Newspapers-Review of the Evidence-A Veteran Bandit-The Case of Pio Linares-Defense of the Committee . -Desperate Acts of Linares-The Necessity of a Vigilance Committee-The Criminal Element-The Vigilance Pledge- Roll of Members-Vigilance Subscriptions-The Evidence- Murder of the Basque Frenchmen.
T the period when the events related in the pre- ceding chapter transpired, there was a paper pub- lished in Spanish in Los Angeles, called El Clamor Publico, the organ of the native Californians and Mexi- cans, which animadverted severely upon the acts of the Vigilance Committee of San Luis Obispo, charging it with hasty action and executing men without evidence. The Spanish paper was supported in its attacks by the
San Francisco Herald, which was at all times exceedingly bitter against any acts or organization styled Vigilance Committee. El Clamor Publico was read by the native population of San Luis Obispo, stimulating the people to hatred of Americans, and threatening dangerous consequences. This necessitated a reply from Hon. Walter Murray, who prepared and published a review of the evidence upon which the criminals were convicted and executed. From this review we glean the follow- ing :---
REVIEW OF THE EVIDENCE.
The editor of El Clamor Publico says that Peralta, or, as he calls him, Robles, was suspected, etc. Peralta was recognized on the instant by one of the Californians whose lives had been spared by the miscreants, as being one of them. This was on the 13th day of May, the day after the murder. He was asked to give an account of himself. He declared that for four nights previous he had slept in the house of a relative named Dolores Cordova. Cordova was sent for and interrogated. He declared that he had not seen the culprit for four days. All this, although done before a Justice of the Peace, was extra-judicial, for our laws do not permit such inter- rogating. Finally, a pair of handkerchiefs and other ar- ticles were taken from him and recognized as part of the property stolen. This much-wronged innocent died mute -not denying his guilt-but refused to disclose his ac- complices. He felt himself supported by the law. His accomplices-when, at the cost of fatigue and money, and American blood, freely poured out by brave men, they were dragged from their retreat in the dark recesses of an almost inaccessible wood-when they stood face to face with men who knew the main facts, and who, strong in the rectitude of untroubled consciences, dared to deal out quick justice in the name of self-preservation -when all the paraphernalia of paid lawyers and per- jured jurymen was thrown on one side-when VIGILANCE had hunted them down like wild beasts to their lair, and had demonstrated to them that neither subterfuge, nor fleet horses, nor the law's delay, nor cocked pistols, nor sympathizing countrymen, could longer avail them- then these accomplices voluntarily declared the truth, and disclosed that this very Santos Peralta was the man who shot down poor, wounded Baratie, in cold blood, before his wife's eyes, having purposely led her down to witness the atrocity. Then one of them, Miguel Blanco, confessed freely, what we knew before, that he (Miguel) was the man who killed Borel, and who gave Baratie his first shot. Then Grijalva disclosed how that he himself had shot poor Gilkey from behind, and stretched him lifeless upon the ground he had been tilling, and that Jesus Valenzuela had aftewards dragged him fifty yards at the end of his riata.
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