History of Santa Barbara county, California, with illustrations and biographical sketches of its prominent men and pioneers, Part 21

Author: Mason, Jesse D; Thompson & West. 4n
Publication date: 1883
Publisher: Oakland, Cal., Thompson & West
Number of Pages: 758

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HISTORY OF SANTA BARBARA COUNTY.

involves a possibility of millions of dollars. A man has been known to win or lose twenty-five bets in succession without a change of luck. What if that number of bets should go against a man. Doctor Brinkerhoff relates in his notes an incident of the kind illustrating the mutation of fortunes.

" Late one night I was accosted by a man by the name of -, who asked me for twenty dollars. I at first refused, but he begged so hard I let him have it. The next day he came to me and returned the money saying, that he had won six thousand dollars and entirely cleaned out the bank," (meaning the monte bank).

The gambler with his "store clothes," and high- toned style, was the envy of the men and the admi- ration of the women. Colton says of them they first seek a mistress and then a horse. All kinds of crime followed in the wake of gambling .. Prostitution, drunkenness, robbery, and murder seemed but the legitimate fruits of the gambling saloon. It was said of the profession that no man could take another's money without a consideration any length of time, without preparing himself for the halter.

FROM GAMBLING TO HIGHWAY ROBBERY.

Soon after the discovery of gold it became appar- ent that a new era of crime as well as of money was inaugurated. The southern portion of the State was traversed by cattle buyers who carried as high as $50,000 at a time. Many of these traveling south from San Jose were never seen again, or if seen were recognized by shreds of clothing when the winter rains should expose their decaying skeletons.

SOLOMON PICO'S GANG.

This band flourished in the early fifties, and in its best days numbered forty or more, composed mostly, if not entirely, of Californians or Mexicans. The leader or principal was Solomon Pico, a cousin of Andres and Pio Pico; so that he had the prestige of aristocratic blood. The headquarters of the gang for a long time were the Los Alimos and Purissima Ranchos. Though driving and trading in stock was the ostensible object of the company, it soon became apparent that the robbery of men, who came to the southern part of the State to purchase cattle, was the most flourishing part of their business. Many parties of two or three in number with saddle bags well filled with gold coin, were never heard of after passing San Luis Obispo; and in subsequent years, numbers of human skeletons found in out-of-the-way places with the ominous bullet hole in the skull, told the story of violence in a former day, and accounted for the mysterious disappearance of so many cattle trad- ers. Their victims were mostly Americans whom the native population felt were natural enemies, and thus the crimes which they committed were never divulged, or if brought to trial, resulted in an ac- quittal, for blood was thick, and to testify against one's countryman, when an American or Gringo was

the prosecutor, was something that few, who boasted of Castilian blood, would be guilty of, and thus none of the gang were ever convicted. They generally avoided contests with county officials, who, perhaps, with a prudent regard for consequences, were quite as willing to let the banditti alone. It happened on one occasion, however, that the Sheriff of Santa Barbara and Pico, the leader of the gang, came face to face, and for some hours maneuvered to get or retain the advantage. As the affair is interesting, not only as an incident between two men of coolness and courage, but as showing the style of doing busi- ness in those years, the matter will be related at length.

Halleck, Peachy, and Billings, of San Francisco, had some kind of a lien on the Los Alimos Rancho. The matter involved a large amount of money, and it was necessary that the papers should be properly served, and the Sheriff, Russel Heath, was requested to do it in person. When it was known that not only a writ was to be served on José de la Guerra, one of the hereditary magnates of the country, but that the property was to be put under attachment, a look of consternation came over the county officials' faces Some thought that a posse comitatus of thirty or forty was necessary, and that it should he called. It was ascertained that Pico himself, with a large number of his band, was lurking around the Los Alimos. But Heath was loth to acknowledge, by any act of the kind, the danger of the undertaking, and resolved to serve the papers alone. The dis- tance was too far to ride in one day, unless with the intention of stopping over night, and so a neighboring rancho, some fifteen miles this side, where he was sure of being among friends, was made the base of opera- tions. The Sheriff had never met Pico, and his face was unknown, but he not only got a correct descrip- tion of the man, but also of his favorite saddle-horse, a powerful animal of peculiar color and marks, which Pico never permitted any but himself to ride. He was especially cautioned to never, under any circum- stances, as he valued his life, let Pico get in his rear, as it would surely result in his getting shot. Heath obtained a powerful horse at the rancho spoken of, and after the sun was well up he visited the Los Alimos, which he found nearly deserted, de la Guerra himself, with a few of his retainers, only being present. The two were well acquainted, and after exchanging civilities, the Sheriff announced his busi- ness, and expressed his regret at being obliged to perform such a disagreeable duty. De la Guerra expressed no ill-feeling towards the Sheriff, knowing that it was in the line of his duty, but saw the attach- ment placed on the premises with the stoicism of a Castilian of the age of chivalry; pressed Mr. Heath to stay and partake of refreshment, which, however, he politely declined, pleading the hurry of business, etc. After obtaining explicit directions as to the proper trail to take, for there were no roads, he departed. In the multitude of cattle trails leading

NEW ALLEGIANCE.

from the rancho, he missed his way and went up the wrong ridge. Across the valley, which was impassa- ble, he could see the trail which he ought to have taken, and, as his present course was out of his way, he was obliged to retrace his steps for some distance, until he could find a place to cross the gully between the ridges. The ravine was lined with willows, and he wound his way among them until he saw a place where he could, by a leap into the gully, which might be four or five feet deep, and a bound out, attain the opposite bank. As he reached the opposite side, what was his astonishment to see Pico, quietly sit- ting his horse, apparently in ambush for some one coming up the trail, which he had missed. They were so suddenly brought face to face that neither had any advantage over the other, so they both, after passing the usual compliments, commenced the ascent of the hill together, side by side. In a few minutes Pico discovered that his saddle was loose; Heath thought his was loose also, and as Pico slack- ened his pace, so did Heath. During the ride Heath had discovered that Pico's pistol was in a holster in the rear, while his was in front-a decided advan- tage for Heath. After examining the fastenings Pieo thought his saddle was all right; Heath came to the same conclusion regarding his own, and both con- tinued the trip, though Pico was evidently puzzled by the coolness of Heath. A second time Pico tried to get in the rear in the same way, and was again thwarted. This time he gave a significant look, as much as to say, " Who the devil are you?" Pico now thought the horses he was looking for were in another direction, and again slackened his pace so as to fall in the rear, but Heath promptly wheeled his horse so as to keep Pico in his front. Pico, up to this time, had been riding with his bridle-rein in his right hand, his left resting on the pommel of his saddle. He now made a move as if to change the bridle to his left, but he was promptly checked by Heath, who said, " Pico, don't you move your hand. I know you. What are you doing here?" "I am hunting horses," said Pico, who now discovered that the stranger was no chicken, but as wary and cool as himself. "Well, sir, I am the Sheriff of Santa Barbara. Take that trail and don't you turn until you have got a reasonable distance. I have nothing to do with you. Now go." Pico assented with a word or two in Spanish, and passed back down the trail. After he had got out of pistol shot he turned, and, with a wave of his hand, bade Mr. Heath Adios, true to his Castilian training to the last.

Mr. Heath, not knowing how many of the band might be in his vicinity, gave the rein to his horse, and in two or three hours reached the rancho from which he had started in the morning, where he was warmly welcomed as returning from a dangerous expedition.

Knowing the character of the men he had to deal

with, he thought he had better be on his way early in the morning, as men might be put upon the trail to Santa Barbara to shoot him as he passed. His friend volunteered to accompany him a portion of the way. At three in the morning they were ou the road.

A few miles on their way was a cattle rancho which was suspected of harboring Pico's men, where a large number of dogs were kept. Making a wide detour, so as not to alarm the dogs, they reached the dangerous part of the road at daylight-dangerous because it offered opportunities for ambush, which the road, since parting with Pico the day before, had not afforded. Cautiously avoiding every place for am- bush, or giving it close attention, they discovered three men, apparently waiting. They made no hostile demonstrations, for two armed men were too many for three to fight in open contest. It was learned afterward, however, that the three were a part of the Pico gang, and that they had stopped at the dog ranch for the purpose of intercepting Heath.

JACK POWERS.

After the dispersion of Solomon Pico's gang, some of the remnants were gathered up by Jack Powers, who became one of the most successful and noted bandits of the time. He belonged originally to Ste- venson's Regiment, Company F, commanded by Captain Lippett, and was said to have been a man of considerable character and standing when he was enlisted into the regiment. Shortly after being mus- tered out he commenced his career as a gambler, making it a decided success. It is reported that he was at one time in possession of a quarter of a million in coin, but this is probably untrue. His first opera- tions were in San Francisco, where he made many friends among the sporting men and politicians of the time .* He made his appearance in Santa Bar- bara in an early day, and managed, as the phrase goes, to "pretty much run the town" for a while; at least he exerted an influence which was greater than that of any other man. Looking back thirty years from our present stand-point of security for life and property, it seems astonishing that one man, or even a few men, should overawe a community and prevent the effective operations of the courts. There were many, ways in which it could be done. Witnesses to a erime were hurried out of a country, or kept mute with the certainty of a desperate quarrel if they testi- fied to the facts. A solitary juryman in the interest of a criminal can hang a jury and render a conviction impossible. Lawyers, able ones, can be found to shut their eyes at perjury, or even approve of it, and make an effective defense on known false testimony.

JACK POWERS' HORSEMANSHIP.

Ho was considered the best rider in the State. In a match at San Jose he rode 150 miles in six hours,

"The reader may wonder that the two classes are thus mentioned together, but he may feel assured that the moral worth of either class was nothing to speak of.

HISTORY OF SANTA BARBARA COUNTY.

changing horses as often as he saw fit. He had a gray mule which would carry him 100 miles in twelve hours. He was in Santa Barbara within ten hours after a robbery committed near San Luis Obispo. The number of his robberies is unknown. He continued his career for nearly four years, bis operations extending from San Diego to San Jose. Like the banditti of Italy or Greece, he robbed only those who were strangers to the country, spent his money freely, and kept on the good side of the people. His operations were so shrewdly conducted that for years many people believed that he was a persecuted and slandered man.

MURDER OF THE BASQUES.

Two brothers, who were Frenchmen (Basques), had bought a drove of cattle in Ventura County, and passing through Santa Barbara on their way north, attracted the attention of Powers' gang, and were attacked by some of the party under the leadership of Powers. By some means the attack was not planned with Powers' usnal skill, for he found him- self in a desperate hand-to-hand conflict. A shot from one of the brothers passed through his leg, through a portion of the saddle, and killing the horse which he rode, which was a fine black charger, belonging to Miguel de la Guerra, of the San Julian Rancho. The Basques were killed and the cattle driven by Powers' band into the San Joaquin Valley and sold. Notwithstanding Powers' wound, he was in San Francisco the same night, when a circus pro- prietor, who was a great admirer of Powers for his horsemanship, procured a schooner and sent him to Cape St. Lucas, where he remained until his leg was healed .*

ANECDOTES OF POWERS.

When Zavaleta, one of the principals in the San Gabriel murder, was about to be hung, he expressed a desire to be executed in a new suit of clothes. Jack Powers, who was present, ordered a suit in accordance with the wishes of the condemned, and enabled him to make his exit with the dignity and decency of a Castilian.

STAYING AN EXECUTION.

During the time that Twist was Sheriff, an Indian named Alisal, was to be hung for murder. . While the sentence was pending, a petition was sent to the Governor to have the sentence commuted to impris- onment for life. The day for execution having arrived, and no order for a mitigation of the sentence having been received, the Sheriff proceeded to perform his duty. When the Indian was about to be hung, Jack Powers moved a stay of proceedings on the ground that the commutation of the sentence was probably on the steamer which was then overdne. A vote of the spectators was taken and the hanging

postponed. The expected paper was on the steamer, so the Indian, instead of being hung, was subjected to imprisonment for life. Twist was much blamed for this, and his sureties withdrew from his bonds, compelling Twist to resign, when Brinkerhoff, by virtue of being Coroner, became Sheriff, a position he held until Russel Heath was elected.

PLAN TO RESCUE DUNN.

As Patrick Dunn was for years a prominent citizen of Santa Barbara, the following bit of biography from the Arizona Miner, of May 23, 1866, will be of interest :-

"Patrick Dunn was born in the State of Maine, 1825. At an early age he learned the trade of a printer, principally, we believe, in the office of the New York Express. Subsequently he was connected with Mike Walsh's celebrated paper, the Subterranean, and at one time was the editor of it. He reached California in a whaling vessel in 1846, and ran away from the vessel, taking refuge in Sonoma County, where among the first persons he met was Theodore Boggs, now of Prescott, a son of ex-Governor Boggs of Missouri. Mr. Dunn was one of several daring men who went to the rescue of the Donner party of emigrants from the East, who were snowed in near the Sierra Nevadas, in 1847. At that time his feet were severely frosted, and he suffered more or less from them to the day of his death. We believe that Mr. Dunn worked as a printer in California, and once published a paper in Sonoma. He came to Sonora, Arizona, in 1857, and settled at Tucson, where, for a time, he edited the Arizonian, a paper printed for a year or two, in the interest of the Cerro Colorado and Santa Rita Mining Companies. As may be said of most men who have lived in Arizona, he had sev- eral desperate fights with the Apaches. In one, at Cook's Canon, on the Messilla road, he was severely wounded. Mr. Dunn came to this part of the territory with Jack Swilling, in May, 1863. After remaining here for some time, working in the placers, and acquiring an interest in the Chase Mine, he returned to Tucson, and has since, excepting an occasional absence in California, remained there. He was elected to the Upper House of the first Legislature of the Territory. Upon the resignation of Mr. Hay- den, as Probate Judge of Pima County, he was appointed to his place."

Dunn had the reputation of belonging to Power's gang. He was, when sober, rather companionable, but when in liquor, a fiend, and a man without fear, and reckless to the last extent of personal safety or reputation. He got into a quarrel with a passenger from a steamer, who was said, however, to have been a gambler and rough; one who, like Dunn, always carried his life on the toss of a dime. According to the traditions, the difficulty commenced something like this :-

Dunn: " That's a damn fine hat you have."

Stranger: "I don't know that it's any of your business."

Dunn: "Say, I'd like that hat."

Stranger: "You can have it if you can take it."

From this came shooting, or a shot, for the stranger foll dead at the first fire. The shooting occurred on

*Authorities differ in regard to this affair. Sie say that he was seen in m in Santa Birbıra the same night, that D". Brinkerhoff privately attended him; but the writer found nothing in Dr. B .inkerhooff's notes respecting it, neither could he trace the report to any reliable source.

NEW ALLEGIANCE.

the plaza in front of the de la Guerra house, and was witnessed by several of the ladies of the family, but such was the dread of incurring the eumity of the gang, that only the solemn assurance, by the Court. that they should be protected, induced them to tes- tify. Dunn was tried for murder, and plead justifiable homicide in self-defense. The trial lasted twenty- one days, and resulted in a disagreement of the jury. He was tried a second time at Los Angeles, with similar results. While the trial was in progress at Santa Barbara, the Sheriff, Judge, and District Attor- ney, each received a warning that they would be killed if they prosecuted the case. Six deputies were privately sworn in, with instructions to instantly shoot Dunn and Powers if any attempt was made to interfere with the proceedings. The cer- tainty of becoming targets for half a dozen revolvers probably kept them quiet.

ATTEMPT TO MURDER TOM MARTIN.

Martin had some way incurred Dunn's displeasure, and, as usual, Dunn " went for" the object of his wrath. He loaded a double-barrelled shot-gun with slugs, and commenced hunting Tom, and, on coming up with him, snapped both barrels without effect. For this he was arrested, tried, and sentenced to the State's Prison for a term of years. Powers determined to rescue Dunn in his passage from the jail to the boat. Twenty-five men were sworn in as deputies, with instructions, as before, to shoot both Powers and Dunn, if any attempt to rescue him was made. Rus- sel Heath, the Sheriff, assured him that in case any attempt was made, that he, Powers, would be the first to fall. Powers' friends numbered about forty, as was supposed, so the fight was likely to be serious if it once commenced. The men followed the van con- taining the prisoner, from the jail to the boat, where he was put on by means of a lighter. Powers and his friends, to the number of thirty, were on the beach on horseback, but the transfer was effected without any interruption.

The crowds of well-dressed people, who now flock to the steamer to welcome returning friends, or bid adieu to those about leaving, have little idea of the stirring seenes there thirty years since.

Dunn died in Arizona in 1866. Powers left Cali- fornia about 1856, and, with most of his gang, went to Mexico, where he soon stocked a ranch with stolen cattle. He was shot in some difficulty with his own men, and was found in his corral half devoured by hogs.

FINANCIAL MATTERS.

A small supply of public money was first obtained for licenses, for selling merchandise and liquor. The Treasurer's account commeneed August 23, 1850. January 4, 1851, when an accounting was made, he was charged with State taxes $5,507 18 County taxes. 2,753 59

$8,260 77

Commission on same

5.80 66

Paid State tax 5,086 87

Total credits

$5,667 53

Leaving for salaries, ete 2,593 24

There was received up to date for the sale of licenses. $ 800 59

February 22, 1852, paid State tax 3,946 89

Delinquent taxes for 1851 were collected amounting to. 833 27

Taxes for 1852 turned over to Treasurer:

October 4 $ 1,687 00

2,000 00

1,148 80

420 00

975 00

25 710 50

680 00

Nov.

15 300 00

Jan. 8, 1853

101 32

$8,022 62

January 14th, paid State Tax

$3,028 54

Percentage to Treasurer 33 69

Mileage 140 00

TAXES, 1853.

Treasurer Poll Taxes from Assessor. $ 432 00

September 20, 1853, Rec'd from Sheriff. 6,060 00

¥ 25, 66

1,650 00

October 3,

718 09

November 7, =

1,211 53

14, 66

500 00

January 5, 1854,

1,000 00

February 28,

Act of Judgment in Court of R. T.

Lee, J. P., for sale of lieenses 132 27

March 17, on account of Taxes

167 13

Total collection for 1853 $11,871 02

Paid State Treasurer

$5,853 64

Percentage and Mileage 358 35

For the purpose of showing the working of the financial machines, some items from the records of the Court of Sessions have been appended to this chapter. It will also show who were the leading land-holders and capitalists, also who were the office- holders and seekers for place.

NOTES FROM THE RECORDS OF THE COURT OF SESSIONS.

NOVEMBER 18, 1851.

Judge, Joaquin Carrillo; Associates, Samuel Barney, William A. Streeter.

Bills allowed to the amount of. $600 00

Sheriff allowed for services from August 1st to date 576 00

Samuel Barney, for lumber.

11 40

D. B. Streeter, Deputy Sheriff, allowed.

103 50

A. F. HINCHMAN, Clerk.

HISTORY OF SANTA BARBARA COUNTY.

NOVEMBER 19th. Justice, Carrillo; Associates, Barney and Streeter.

Communication from A. B. Thompson regarding the assessment of his property. Communication referred back for amendment, also requesting him to appear in person.

Dr. Auselin for medical attendance on an Indian allowed $25.00.

A petition from the Mayor of Santa Barbara for remuneration of expenses on a trip to see the Gov- ernor of the State was laid aside for further con- sideration.

NOVEMBER 20th.

Same Board.

Petition of the Mayor refused.

N. A. Den and Francisco de la Guerra appointed to prepare jury lists.

NOVEMBER 21st.

W. A. Streeter allowed $25.00 for making county seal.

A. B. Thompson's petition considered. He set forth that Teodoro Arrellanes had agreed to deliver to said Thompson 1,300 head of cattle, which he had failed to do, but that he, Thompson, had been as- sessed for the whole of said cattle; whereupon the Board remitted two-thirds of the taxes and ordered them paid by Arrellanes. Octaviano Gutierrez, as Coroner, allowed $33.00.

An order was made allowing all jurors for services up to date, $1.00 per day each.

NOVEMBER 22d.

Polling places for election established.

For Santa Barbara, corridor at Lewis T. Burton's; San Buenaventura, corridor at W. A. Streeter's; Santa Ynez, Mission Building.

JANUARY 14, 1851.

Judge, Joaquin Carrillo; Associate Justice, Emidio Ortega.

Settlement with County Treasurer.

FEBRUARY 19th.

Judge, J. Carrillo; Associate Justices, E. Ortega and A. Rodriguez.

A. F. Hinchman allowed for services and ex-

penses for Court of Sessions, one day ___ $ 62 00

The Recorder was allowed for 91 days audit- ing of accounts, $1.00 per day- 91 00 Sheriff allowed for services 185 00

FEBRUARY 18th.

Same Board.

Isaac J. Sparks allowed for lumber $25 00

John Davis, blacksmith, for ironing prisoners 7 00 County Attorney allowed ten per cent. on collection of delinquent taxes 13 74 Jailer allowed $1.00 per day 71 00

Samuel Barney allowed for five criminal in- vestigations 50 00 Edward S. Hoar appointed Assessor vice Lewis T. Burton, resigned.

FEBRUARY 24th.

I. J. Sparks allowed for lumber used by the county, $8.17.

Francisco Badillo, Sheriff of Los Angeles County, requested to make out his bill for arresting Guada- lupe Sanchez in more explicit terms.

Rates of licenses 'established as follows :-

For retailing liquors by glass or half pint, one year $100 00 For selling goods, foreign and domestic, other than liquors, one per cent. on sales amounting to not less, in course of the year, than 350 00

For peddlers, three per cent. on sales every three months

Theaters, circuses, sleight-of-hand shows, each performance. 10 00

For banking, dealing in exchange, buying and selling notes and accounts, per year 300 00 For selling clocks and watches, per year. 50 00

FEBRUARY 26th.

Judge, Joaquin Carrillo; Associates, Emidio Ortega and A. Rodriguez.

Associate Judges allowed $6.00 per day each, $42 00 Sheriff Badillo's (Los Angeles) bill for arresting Guadalupe Sanchez refused

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History of Santa Barbara county, California, with illustrations and biographical sketches of its prominent men and pioneers, Part 21

Author: Mason, Jesse D; Thompson & West. 4n Publication date: 1883 Publisher: Oakland, Cal., Thompson & West Number of Pages: 758

Author: Mason, Jesse D; Thompson & West. 4n
Publication date: 1883
Publisher: Oakland, Cal., Thompson & West
Number of Pages: 758