History of San Luis Obispo County, California, with illustrations and biographical sketches of its prominent men and pioneers, Part 77

Author: Angel, Myron; Thompson & West
Publication date: 1883
Publisher: Oakland, Calif. : Thompson & West
Number of Pages: 538


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 77


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Could law have extracted all this from these men? No. But Vigilance did, and that without torture of any description. No impelling power was used but the ex- hibition of an unswerving determination and resistless power. The above facts show the nature of the sus- picions against Santos Peralta.


A VETERAN BANDIT.


Now we come to the innocent Joaquin Valenzuela. This man has never been charged with either the Naci- miento or the San Juan Capistrano murders. But he was an acquaintance and comrade of the murderers-brother to one, chum to another, and was proven before the committee to be as full of crime as an egg is full of meat. In r853 he was a partner of Joaquin Murietta- the veritable Joaquin. It is notorious that he was one of the five Joaquins upon whose heads Governor Bigler


301


THE VIGILANCE COMMITTEE, CONTINUED.


set a price, and to catch whom Capt. Harry Love's Com- pany of mounted rangers was organized.


Just before that time he kidnapped an American child, Anne, daughter of an American named Smith, and brought her down to the San Joaquin River, where he and his Mexican female partner brought her up to learn Spanish and hate the Gringos. The Americans living there took the child away, and advertised for her rela- tives. The father made his appearance and claimed his child. He accompanied this Joaquin across the ferry on the San Joaquin, at the mouth of the River Merced. Joaquin returned; Smith never. The inference is that Smith was killed by the black villain. A skeleton sup- posed to be his was afterwards found a league or two from the ferry. I refer for these facts to D. P. Brown, of Stockton; to the mother of the child who lives there now, and to those who lived at and near the mouth of the River Merced, in the years 1853-54.


When the Harry Love's Ranger Law was passed, this Joaquin Valenzuela, alias Ocomorenia, came down to the Tulares and to Santa Barbara County. Here he made acquaintance with Jack Powers. In his company Pow- ers inured himself to fatigue on horseback "in the pur- suit of stolen or strayed cattle," as the great Jack's eulogist has it, but which rightly interpreted means, "in stealing his neighbor's cattle." There is evidence before the committee here, which will one day be printed, showing that Powers and Joaquin Valenzuela stole cattle together from Guadalupe, Santa Maria, and Nipomo, and drove them to the mines by way of the Tulares. He has been engaged in this nefarious pursuit off and on ever since he came to this section of the country. He was captain of a band of robbers near Purissima, in Santa Barbara County, nearly two years ago, and com- mitted several robberies there. He is a miscreant of the deepest dye, a hardened sinner, the very type of a crim- inal. When he was being brought in, he told Captain Mallagh that he thought he ought not to be molested, as he had condescended to be honest for a year past. Creo que Vmdes no deben de molestarme ahora, siendo que be condescendido por una ano.


This man was invited by Jack Powers at Santa Marga- rita, on the night of the horse-race there, on November 30th last, to take part in the murder at the Nacimiento. He replied, "I have formerly been in such things, as you know, but I have given it up." He declined going. When arrested, and asked if he knew Powers, he said yes, he was his patron. He seemed to think that the magic name of Powers would be a tower of strength to him. When brought afterwards before the committee, and when he found out that Powers was compromised, he denied any acquaintance with him. Afterwards acknowl- edged that Powers had invited him to accompany him above on a "business speculation."


This is the "innocent" man who has been torn from the bosom of his family by a mob and " done to death." Mr. David W. Alexander, of Los Angeles, says that this man " has never been absent a moment from his home." This gentleman forgot, perhaps, to tell the editor of the Clamor Publico, that in November last he loaned this man $100 to bring his wife. from Los Angeles; that he (Alexander) was informed at the time of the arrest, that at that very time when he was supposed to be in Los Angeles, he was here in San Luis in company with Jack Powers and other worthies, at the races in and near this place; that he stayed here several weeks, and that during that time instead of living with his wife, whoever the lady may be, he kept with an abandoned Mexican pros- titute, for whose sake two men have been stabbed, and two shot within the last six months. For aught Mr. Alexander knows, this man was at the Nacimiento murder on December last. However, he is not charged


with it. Now, as this gentleman has forgotten the above particulars, he has forgotten, doubtless, that this Joaquin is a notorious thief. How is it then that Alexander Godoy, of Cuyama, Mr. Alexander's next neighbor, and one of Mr. Fremont's veterans, is thoroughly acquainted with the man's character? How is it that this man's character is notorious to every one except Mr. Alexander? Is not this gentleman, like hundreds of other rancheros in the southern country (not Americans, however) con- tent to hire a vaquero without asking questions as to his character, or even if he knew him to be bad, content if he thinks the man will not rob or murder him? I think this is the gist of the matter.


THE CASE OF PIO LINARES.


Now let us return to the tissue of falsity in regard to the first attempt to take Pio Linares. In the first place, the "committee " did not do this. The committee was not then in existence. Secondly, the Sheriff's posse was composed of fifteen men, not forty men. Thirdly, Lin- ares showed fight from the first to the last. The Sheriff had a warrant for the Huero Rafael, a man who had lived in Linares' house. He asked Linares to come out with a light. The intention was doubtless to arrest him, not to kill him, for no man has yet been killed here with- out a full trial, even by this bug-bear "committee;" no, not even when our men lay blood-stained around us on the cold sod. Then, in the height of the excitement, two of the head villains were spared, brought into town, and confronted by the priest. Well, Linares' reply made to his wife, his brother, and another man-all of whom were allowed freely to pass and repass by the Sheriff and his posse-made to their urgent solicitations that he should surrender, was simply this: "No! yo no salgo me! - " No; I'll not go out! They'll -me ! The editor of the Clamor can supply the blank. It is fit only for assassins and their defenders.


This man, Linares, knew his weight of guilt. He was confident that he deserved instant death. He feared it. When he came out he came armed and run- ning like a hound. He was fired upon as a criminal fleeing from justice, and two lives would have been saved since, had he fallen then. The roof only was burned. That was fired after timely warning, in order to get him out and to avoid such a catastrophe as hap- pened in Monterey in 1856, when poor De la Torre and others were killed in the fruitless attempt to take Anas- tasio Garcia. His wife and children made no miraculous escape. His wife was repeatedly begged to come out, but stayed in only to cover his flight, and then came out at her leisure. The very posse assisted her to save her clothes and furniture. Furthermore, his wife, who has been his accomplice from the first, and has always shared in his plunder, and is a woman of notorious bad character, would, in any other county in the State, now be adorning the inside of a jail, instead of running at large as she now does here. As for the children, they are a mere myth. They do not exist. Neither Linares nor his wife ever had any. Truly one can quote here the very expressive words of the Clamor, "They lie."


DEFENSE OF THE COMMITTEE.


Now as to the whisky. These men who accompanied the Sheriff had been out for more than a week on the Tulares. They had returned home on an unfrequented road on purpose to avoid observation. They had not even seen liquor for three days. Every man of them is a better citizen than the Clamor editor ever can be until he plucks out that Mexican heart of his and substitutes an American one in its place. One of the men, a New Mexican, named Julian Garcia, a brave fellow, followed Linares in the darkness and fired his pistol at him as he


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302


HISTORY OF SAN LUIS OBISPO COUNTY.


ran. Returning, he was seen by some of the party who had been behind the house and had not seen him before. They took him for Linares. It was a mistake. He was tenderly cared for, got medical attendance, and over $100 for his loss of time. No one is more ready than he to pursue cut-throats and to shoot them down. Such men as he put to shame all such men as the Clamor editor. The Clamor thinks that San Luis authorities are sufficiently strong to protect the laws if they desire to do so. Now, we do not want his opinion, nor mine, nor yours, sir, on this subject. We will just state the facts: This Linares, after committing the Nacimiento murders, almost openly bragged about them. In a month's time the whole of the details were openly talked about by his own countrymen, and all acknowledged him to be one of the parties.


DESPERATE ACTS OF LINARES.


Before this, he ran one of our Justices of the Peace all over the town, on account of some trifling misunder- standing. Shortly afterwards, he drew his knife and attempted to stab a very peaceable Mexican for interfer- ing to stop a quarrel. On the night that Nieves Robles, his spy, was arrested, he stabbed two Sonorians in a dance-house, one of whom narrowly escaped with his life. After this, this man and his loose wife were invited to a ball given by the J. P., above mentioned, at the opening of a new hotel. They attended, and some of the first folks, and most, if not all the Americans of this place attended, too. At this ball, this Linares laid in wait for D. D. Blackburn, late of Santa Cruz. That night, he and a party of young Californians, armed, came down to Mr. Murray's house with the intention of firing through the windows at the unsuspecting Ameri- cans assembled there. After the matter was adjusted, Linares said to his fellows, "Well, if you come here to fight, why don't you go in? We are stronger than they!"


Miguel Blanco, before dying, was questioned as to whether Linares ever mentioned this last affair to him. Blanco is Linares' nephew. Blanco detailed a conversa- tion which took place between them during their hiding. Linares said that under certain circumstances he could get a portion of the Californians to sustain him. Blanco said, "How can you expect our countrymen to sustain us, who are so criminal?" "They can be brought to do it," said Linares, "they backed me then," referring to the night of the ball. "To this end I have always taken up for them in any petty quarrel. Don't you know that I have always been at the head of all the revolutions in San Luis Obispo?"


This man, Pio Linares, has never been prosecuted for any of the crimes above detailed. He has sat on juries since all of them. The above dying declaration of his accomplice, Blanco, gives the key to it. He was a reck- less man, ready for murder in open daylight-murder from behind a bush-in fact, murder in any shape. Every one knew it.


THE NECESSITY OF A VIGILANCE COMMITTEE.


The acquittal of Nieves Robles was before every one's eyes. The Californians were disposed to resist or resent any violent means, and to defeat any legal ones. The mover in any abortive attempt against this criminal was liable to be assassinated at any moment. Good men waited for a bond of unity. The natural bond of self- preservation at length presented itself, and they caught at it, and have, with God's help, succeeded now in right- ing matters; in creating a healthy spirit in the commu- nity, and in preparing the way for another trial of the law. Here, as in San Francisco, I am confident that the law will hereafter work all the better for the quickening spirit infused into it by vigilance.


THE CRIMINAL ELEMENT.


The law-abiding citizens of San Luis Obispo occupied a very delicate position in the period preceding 1858. From Monterey to Los Angeles was the lonely coast road, with occasional ranchos and the villages of San Luis Obispo and Santa Barbara widely separated, with many mountains in which were dark cañons, pretty val- leys, and park-like potreros offering concealment and se- clusion, and to this region gathered the worst bandits of California. If not numerous, they were by their bold- ness and desperation enabled to overawe the majority and maintain a reign of terror. A few Americans like Jack Powers and the infamous ex-Judge McGowan, commonly known as Ned McGowan, of San Francisco, who had fled from the Vigilance Committee of that city, had exerted a baneful influence over the native popula- tion, and had been harbored and protected by some of the most respectable people, through fear and in the hope that such a course would protect them from depredation. They thus, in a measure, dominated in politics, ruled the courts, and rendered trials abortive. This made it necessary to organize an extra-judicial power, and the Vigilance Committee of 1858 was the result. It was a bold and honorable movement, and the names of those who participated in it are worthy of the perpetuity of history. Following is the Vigilance Pledge, with the sig- natures attached, the Vigilance "Roll" and the amounts contributed for the public safety :-


THE VIGILANCE PLEDGE.


The undersigned hereby pledge ourselves, each to the other, that in the case of the murder of the two French- men, Bartolo Baratie and M. José Borel, we will stand to- gether and will by all means whatsoever, discover the truth and punish the guilty. The first step shall be the appli- cation of personal restraint and intimidation to the prisoner now in jail, even if necessary to the danger of life. Walter Murray, A. Albarelli,


Francisco Lertora, Luis de la Cella,


Francisco Brizzolara, Domingo Garcia,


Charles Pellerier, Nicolo Ravello:


B. Block, T. P. Commay,


P. A. Forrester,


J. J. Simmler,


Jacob J. Scheiffarley, Rudolph Blum,


B. F. Hamilton.


ROLL OF MEMBERS.


The undersigned, citizens of San Luis Obispo, sign our names as members of a body to be called the San Luis Obispo Vigilance Committee, the object of which is and shall be the repression and punishment of crimes by all means whatsoever.


Walter Murray, Manuel Otero,


Fredk. Hilliard, Thomas Herrara,


S. A. Pollard, N. Amas,


Thos. Graves,


J. J. Simmler,


Labat Pere, Thos. R. Thorp,


P. A. Forrester,


Leonardo Lopez,


Ramon Baldez,


G. Leemo, Jules Baume,


J. A. de la Guerra, Pedro Ruperez,


Chas. Johnson,


WVm. Coates,


Trinidad Becerro,


Bernardo Lazcano, John Matlock,


José Cantua, . Cayetano Amador,


Carl Dietz,


Fabian Dastas,


Ferdinand Quievreux,


B. P. Brown,


303


THE VIGILANCE COMMITTEE, CONTINUED.


Miguel Serrano, A. Farnsworth,


W. W. Gilfoyle, James White, F. Wickenden,


Joseph Stutz,


Domingo Garcia,


Charles Pellerier,


Dolores Herrara $10,


Ramon Valdez $10,


J. H. Hill $10,


Simmler & Co. $20,


C. F. Roman $20, Limass $50,


Stanish $30, Block & Co. $25, Danas $20,


Total amount received, $1,525; Disbursements, $1,487; Balance in fund $38.


THE EVIDENCE.


The convictions and executions by the Vigilance Com- mittee were after conclusive evidence had been taken, and supplemented by evidence taken at a later date. The records of the evidence and confessions have been preserved, and are such as show the most depraved and heartless characters, long series of crimes and contempt of law, and leave no doubt of guilt that could be expiated only by death and eternal punishment.


MURDER OF THE BASQUE FRENCHMAN.


Testimony in this case was taken by Jose Maria Muñoz, County Judge; W. J. Graves, Notary Public, and J. J. Simmler and James White, Justices of the Peace.


Francois Abadie testified that he was in the employ- ment of Pedro Obiesa and M. Graciano, two men natives of the Basque Provinces of southern France, and known as the Basque Frenchmen, and was driving cattle for them in November, 1857. He related the circumstance of their receiving some cattle in a suspicious manner near Paso de Robles, and afterwards the disappearance of the two Basques. These men he had never seen again alive, but at the time of his deposition, in December, 1857, recognized the remains of Graciano, one of them, hav- ing a bullet hole in the head. After this Nieves Robles was arrested, and recognized by Abadie as one of the men who had sold the cattle.


Jesus Zamorano testified to robberies and murder in which Nieves Robles had participated in San Mateo County in 1852 and 1853.


Juan Herrada testified, confirming the previous wit- ness, and told of Jack Powers, Pio. Linares, the Hnero Rafael, Nieves Robles, Jose Antonio Garcia, and Eduvi- quez following the Basques.


Nieves Robles confessed his crimes, and stated the agreement with Powers and the others to murder the Basque Frenchmen, and detailed the manner of the mur- der as told him by Linares, who, with the Hnero Rafael, had committed the deed. This confession was made and sworn to before W. J. Graves, Notary Public, June 28, 1858.


Jose Antonio Garcia confessed to participating in the spoils of the murder, but was horrified upon being shown the dead bodies, and fled to his home in Santa Barbara. Robles had been tried for this murder and acquitted by a jury in the court of San Luis Obispo. One of the jury was one of the murderers, and another was a fugitive under the charge of murder. Mr. Murray, in his account of the Vigilance Committee, has related the main facts of the murders on the San Juan, in the eastern part of


VIGILANCE SUBSCRIPTION.


Murray $50,


Davenport $40,


Thos. Herrara $50,


Elgutter $20,


Alex. Murray $25,


Alberalli & Co. $100, Pollard $50, Beebee $50,


Pedro Labat $5,


Lafayette $20,


Johnson $30,


Stone & Barnes $65,


Thorpe, M. D. $25,


F. Wickenden $30,


Capt. F. Hilliard $30, Joaq. Estrada $200, F. Z. Branch $300,


Lazcano $50, Letora & Co. $50,


Domingo Garcia $10,


Juan Price $50,


Tabian Dastas $5,


D. P. Mallagh $22,


Dolores Herrara,


Benj. Williams,


Henry Pandee, Wm. L. Beebee, Daniel McLeod,


Luis de la Cella, R. Holford, T. W. Slaughter, Nicolo Revello,


B. J. Jones,


Guadalupe Gonzales,


Chas. W. Dana,


David P. Mallagh, Basilio Castro,


Alexander Mullins,


John Patton, A. Albarelli,


G. F. Sauer,


J. T. Zamorano,


Reyes Enriquez, Antonio Stanusich,


Ysidro Silbas,


Peter Forrester, Robert Johnson,


John Bains,


Chas. Varian,


Albert Mann,


IV. J. Graves,


John Daley,


Oscar Granie,


Juan Stanusich,


Ygnacio Esquerre,


Hypolite Dallidet,


Manuel Serrano,


Manuel Vanegas,


WVm. Church,


WVm. T. Gilkey,


V. Mancillas,


A. Herrara,


José Canet,


C. G. Abbey,


Francisco Salgado,


Bonifacio Manchego,


Ardadio Borgnes, Jesus Olgin,


B. F. Hamilton, John M. Price,


Miguel Herrara,


Ricardo Durazo,


Francisco Huares,


J. Roth,


Apolonio Cordova,


Biceinte La Rey, S. Mora,


Jose Maria Ordunio, Modesto Carranza, Byron Olney,


Julian Garcia, Jose Antonio Garcia,


Lugardo Aguila,


WVm. C. Dana,


Antonio Paredes,


Francisco Garcia,


James A. Wright,


S. O. Sweet,


Francisco Brizzolara,


D. D. Blackburn,


Pedro Ortega,


J. A. Chaves, Antonio Capurro,


Peter Wm. Williams, P. Z. Taylor, A. P. Hartnell, Angel Barron, Valentin Mancillas,


B. Clement,


B. F. Davenport,


WVm. Snelling, Noracio Carroso,


Alexander Murray,


Dr. Ed. Albert,


WVm. E. Borland,


A. Elgutter,


Gabriel Labot,


Estevan Quintana,


IV. C. Imos,


Ynocento Garcia,


Jas. McNicol,


Didelot,


J. M. Martinez.


Enrique Galindo, Feliz Buelna,


José M. Topete,


Victorino Chavey, C. Dockes,


Selustriano Rojas,


Blas Castro,


Bentura Lopez, Fernando Martinez,


Calistro Morales,


L. H. Morrison, Capt. John Wilson,


F. Laburthe,


Isaac H. Bunce,


Ysidro Balderama,


Jerome A. Limas,


Rudolph Selm,


Horse $37, ditto $26, Brizzolara $50,


Solano Rodriguez, John Wilson $500, Cash $5,


Mariano Lazcano,


Sandy Martin,


T. Ph. Schring, Augustin Garcia, José Carlon,


304


HISTORY OF SAN LUIS OBISPO COUNTY.


the county, extended particulars of which are given in the depositions and confessions taken at the trials, con- firming all his statements, and justifying all the acts of the Vigilance Committee.


CHAPTER XXXIV. CRIMES.


Murder of Read and Family- Society in San Luis Obispo-Indian Raids-Joaquin Muriatta-Pursuit and Capture of Murderers- Murder of Wall and Williamson-A Reminiscence of 1849- Killing of Bonifacio Manchego - A Barbarous Murder - A Strange Murder-A Strange Verdict-Doc Stewart-Waylaid and Killed-An Indian Murder-A Fiendish Crime-A Chinese Assassination-Attempted Assassination-An Unknown Mur- der-Order Prevails.


THE criminal record of California, if fully detailed, would fill a volume with appalling facts. The same would be the case with every frontier State, but in California crimes have been more than usually brought to public notice in consequence of the strongly-marked characteristics of the extreme elements that made up the population-extreme in the bold and desperate character of the criminals, and extreme in the energetic manner in which they have been pursued and punished by the equally bold and determined law-abiding element. These have made lynchings and vigilance committees neces- sities, which, if evidence derogatory to the condition of morals in the State, are also evidence of the high spirit of manhood governing the class that eventually triumphed and now rules the land.


There are many reasons why merciless crimes might be expected in such a mingling of heterogeneous classes as made up the people after the discovery of gold in the Sierra Nevada in 1848. A people had been conquered, soldiers and sailors, collected from the cities of different nations and long subject to harsh treatment and severe restraint, were suddenly turned loose; reckless men from every quarter came into the country, and all were excited by the presence of gold, demoralized by its abundance, and tempted by the extravagant manner in which it was used.


Among the native population were many who, under the Spanish social system of caste, were regarded as born outcasts, and these were aided by the immigration in great numbers of the same classes from Chile, Peru, Sonora, and New Mexico, and to this element the des- perate characters of other nations naturally flocked. The native Californians gave many reasons for enmity to the Americans and their indifference to the crimes com- mitted against them. They had been conquered, and under cover of law great outrages had been committed, often depriving them of their property or compelling them to ruinous litigation to maintain their homes.


MURDER OF READ AND FAMILY.


In the history of the missions it is related that Mr. Read and family were, in 1847, in possession of the mis- sion of San Miguel, and that Secretary Halleck ordered that his occupation of the buildings be respected. Hon.


John M. Price, the veteran of Pismo, furnishes the par- ticulars of the following tragedy. Mr. Read was an Englishman, who, we believe, had brought his family from South America, settling in California and locating upon the mission property, then regarded as abandoned and open to the public. Upon the discovery of gold in 1848 he went to the mines in the Sierra Nevada, return- ing in the fall of that year with several thousand dollars' worth of gold-dust. He was hospitable and loquacious, and took pleasure in exhibiting his wealth. One day in October, 1848, there came to the mission a party of sail- ors, deserters from a ship-of-war lying in the harbor of Monterey, stopped for the night at the mission, and were entertained by Read, who related to them his ad- ventures in the mines and exhibited the gold he had ob- tained.


The family of Read consisted of himself and wife, who was near confinement, his daughter and son-in-law, three children, and an old negro. The deserters, after seeing the display of gold and the unguarded manner of their host, conspired to murder the family and secure the booty. The broad wilderness they were in, the de- fenseless condition of the victims, the ghostly surround- ings of ruin, abandonment, crumbling walls and decay inspired them with a spirit of diabolism and invited them to the deed of horror. In their depraved hearts were no feelings of mercy nor fears of detection, and in their conscienceless souls no compunctions, no dread of punishment. When the family had retired and were lost in slumber, the deserters stealthily entered the different apartments and murdered every one. Securing the gold and other plunder, the miscreants went on their way to the south.


The next day John M. Price and F. Z. Branch arrived at San Miguel, on their return from the mines on the Stanislaus, and in riding up to the mission wondered at the silence that prevailed. None of the Read family, whom they well knew, came to welcome them. They dismounted and entered the building, when the horrible sight of carnage met their eyes. They were too shocked to know at once what to do. After such an examination as to ascertain that no life remained, even an infant had been brained by dashing its head against one of the pillars of the corridor, and convinced that a great murder and robbery had been committed, they hastened on to the Paso de Robles Rancho and gave the alarm. A party returned and cared for the dead, procuring such evidence as they could, and others organized for a pur- suit of the murderers.




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