USA > California > Santa Clara County > History of Santa Clara County, California : including its geography, geology, topography, climatography and description > Part 25
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tended to fasten suspicion upon a Spaniard or Mexican, named Ramon, who had effected a temporary escape. Mrs. Elizabeth Wills was but twenty-two years of age. On the night of the 2d April, however, Ramon came from his hiding-place in the mountains and sought the ranch of Ricardo Higuera, where he was seen standing by a fence, and when called upon attempted to conceal himself by stooping. Higuera then fired at him, when the bandit spoke and his voice was recognized as that of the murderer of Mrs. Wills. Higuera again loaded his gun, and deliberately shot the murderer through the head, killing him instantly. On the following morning Señor Higuera came into San José and revealed to Justice O. H. Allen the foregoing details, who proceeded to the spot; the body of the bandit was brought into the city and was recognized by sundry witnesses, both Spanish and American, as the person whom public opinion, from various strong circumstantial facts, had fixed upon as the murderer of Mrs. Wills. His name was Rafael Duarte. The inquest, held over the body by Justice Allen, found upon the testimony, that Duarte came by his death from two gun-shot wounds fired by Ricardo Higuera; that he was the same individual so much sought after as the mur- derer of Mrs. Wills, and the perpetrator of other high crimes; and that he was shot by Higuera under the conviction that it was his duty to rid the world of such a monster.
MURDER OF ALEXANDER W. MCCLURE .- In the latter end of the month of June, 1854, Alexander W. McClure, a well-known and highly esteemed citizen of Santa Clara county, left his residence, near the Laguna Seca about ten miles south of San José, mounted on his favorite mule and equipped for hunting, of which he was passionately fond. Towards nightfall a neighbor met him in the woods about four miles from home, and on parting MeClure said that he would cross a low range of hills near by, in the expectation of seeing some deer, before he returned. This was the last that was seen of him alive. His continued absence from home alarmed his friends, and, at length, after the lapse of a week, the painful impression forced itself upon the public mind that McClure had met his death, either in a conflict with a bear, or at the hands of an assassin. A party was organized in San José to search for the body, and on Sunday, July 2d, the remains of the unfortunate MeClure were found in a gulch about two miles from his house, in a state of advanced decomposition, much of the flesh having fallen from the bones; a bullet had perforated the back, and twenty knife stabs were counted upon his remains. The appearances around bore evidence that the body had been dragged about a hundred and fifty yards to the place where it was found. Suspicion attached to one Demasio Berreyessa, who was hanged to a tree by the Vigi- lance Committee on the night of Friday, July 22, 1854.
MURDER OF LOUIS LEMERCIER .- Louis Lemercier, a Frenchman, who
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kept a grocery eighteen miles south of San Jose, at the place called the Ojo de los Coches, was murdered on the night of Wednesday, March 14, 1855, at his house. Twenty-one stabs in the throat, breast, back and body, and two pistol shots were inflicted upon the unfortunate man, by his assassins. The murderers carried off three hundred and fifty dollars in money, which the deceased had buried in the ground, under the counter of his store, and two boxes of cigars, a silver watch and some clothing. Suspicion rested on three Spaniards.
LYNCHING OF KELLY AT GILROY-On Saturday, May 12, 1855, Kelly, an Irishman and a desperate offender was hanged by the people of Gilroy. A short time before, in company with other robbers, he had stolen four horses in that neighborhood, and was arrested in Tuolumne county, by the Deputy Sheriff of Stanislaus. Returning through Gilroy, Kelly pointed out to Deputy Sheriff Clark, a Mexican, as another escaped convict, who was arrested. While this was being effected the people of Gilroy, on seeing Kelly took him and hanged him. There was no excitement. The people went deliberately to work, in view of the insecurity of prisons, the frequent depre- dations upon property and the almost immunity of crime, and took justice into their own hands.
MURDER OF AUGUSTIN C. HALL .- This young man, formerly of Danville, Vermont, was found barbarously murdered in his own house on the New Almaden road, al out seven miles from San José. There were several things about the horrible act, that indicated on the part of the perpetrators the cool- est deliberation and the most diabolical malignity. There was no appearance outside the house that horrid violence had been perpetrated there. The horse of the murdered man grazed around the door, and the neighbors whose dwellings were in sight, seeing the horse for days, unattended, began at last to wonder why the master did not appear at the door. Apprehension of sickness, or some other cause, induced one of them to approach the dwelling, when the first suspicious circumstance that attracted attention, was to find the door fastened on the outside. On opening it the murdered man was seen lying in bed, carefully covered with the clothing, as if in sleep, but a horri- ble stench filled the room. At the Coroner's inquest held on the 27th April, no facts were elicited, calculated to fasten suspicion upon any one. After- wards, however, certain facts came to light, and a resident of San Jose was apprehended but was acquitted after a trial lasting a week, the verdict being sustained by public sentiment as it was by the evidence.
HOMICIDE OF A CHILENIAN, NAME UNKNOWN .- On the morning of Monday, July 9, 1855, Charles M. Weber of Stockton, being on a visit to San Jose, drove down with his carriage and two horses, to Mr. Fox's garden and nursery, about half-way between San Jose and Santa Clara; at the gate
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Weber tied his horses to one of the trees on the border of the Alameda and entered the garden, and while enjoying a promenade through the beauti- ful walks, heard the rattling of carriage wheels, and looking up saw a Spaniard rapidly driving his carriage away in the direction of San Jose. On reaching the avenue Weber mounted a horse which he found tied to a tree, near by, which proved to be the property of a neighboring farmer, Mr. Morse, and made pursuit after the thief. At San José Weber got a fleeter horse at Martin's Livery Stable, and, accompanied by several others, con- tinued the pursuit. Learning from a person coming into the city, that the carriage and horses were seen on the New Almaden road, the party took that direction and discovered from the track, that the thief had attempted to pass over from the New Almaden, to the Monterey road, through a farm, but was prevented from reaching the latter road, on account of the gate being locked. On returning to the New Almaden road, a portion of the party stopped at a grocery, five miles from San Jose, and were there informed that the thief, with the carriage, had taken a drink and departed ten minutes before. Mr. Weber did not halt with the party, but hastening on, came up with the thief, at Worthington's, seven miles from San José, and called upon him repeatedly, in Spanish, to stop, which the felon disregarded; but, throw- ing the lines down attempted to jump from the carriage and escape. While in the act of doing so, Weber drew his revolver, and shot him through the shoulder. The man died some time after.
MURDER OF FRANCISCO PERALTA alias DON PANCHO .- On Sunday morn- ing, September 16, 1855, about three o'clock Francisco Peralta, better known as Don Pancho, a Mexican gambler, for some years resident in San José was called out from the billiard saloon of Monsieur Detech, at the New Almaden mines, by a Mexican, supposed to be a miner, and was found about an hour afterwards, about daybreak, lying on some hay, in a dying state, with a a large stab two inches in width in his breast. The unfortunate man uttered some unintelligble words, when first discovered, and died immedi- ately afterwards. The murdered man was robbed of all the money he had in his possession as his pockets were turned inside out. The murderer was apprehended and found to be a Mexican named Gregorio Soberano. He was tried November 7, 1855, and sentenced to be executed December 14th.
MURDER OF PEDRO ARAVENA .- On Sunday, November 18, 1855, at the house of Ignacio Berreyessa, near the New Almaden mine, Santiago Berreyessa murdered Pedro Aravena, a Chilenian, under the following circumstances: Pedro had become enamored of the daughter of Ignacio Berreyessa, a young girl aged fourteen years, and meeting with opposition from the parents of the girl to a marriage, the young folks went to Alviso, and were there joined in the bonds of matrimony by a Justice of the Peace. All this happened
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sometime previously. In a short time the parents became reconciled to the marriage, and the young pair returned to the house of the father, Ignacio. On the above date, Santiago, the uncle of the girl, being a man of dark and malignant feelings, seeing Pedro sitting in the house,. deliberately shot him twice with a pistol, producing death. It is said that the murdered man was entirely unsuspicious of harm, and was sitting in the house, the assassin firing at him through a window. Santiago, immediately on the perpetration of the deed, mounted his horse and fled.
MURDER OF DOLORES ARAYA .- On the night of Monday, January 21, 1856, Dolores Araya, a native of Chile, was shot by a Mexican named Guadalupe Arraya, at the New Almaden mines, the wound proving almost instantly fatal. The murderer escaped. The murdered man was engaged in a quar- rel with Jesus Figueroa, when the assassin, without provocation, came up and shot him dead.
KILLING OF JOSÉ GALINDO .- José Galindo, a desperate character, under indictment for grand larceny, was arrested by the Sheriff on the night of Saturday, January 19, 1856, under the following circumstances: The Sheriff, having obtained information that Galindo would be at the house of his brother that night, accompanied by a deputy and several others as a posse, went to the house where the accused was concealed, and surrounded it with armed men. The inmates were informed of the presence of the Sheriff, who demanded admittance, and while some one within was opening the front door, Jose Galindo opened the back door and ran out, firing a pistol shot, as he passed, at the person on guard, which was returned, but owing to the darkness without injury to either. Galindo then ran towards the Catholic church, and hid himself in the yard of a little brick house near by. His retreat was discovered, and once more he ran, firing as he went, until he had exhausted the six shots in his revolver, but without injury to his pursuers ; the Sheriff's party also fired repeatedly at Galindo, and one ball took effect in his thigh, but without inducing him to surrender; on the contrary he became the more desperate, and after all his shots were exhausted he drew a saber and continued to resist the officers and their assistants. He was then shot down with a shot-gun loaded with fine shot, which took effect in the small of his back and left arm. He was then captured and confined in jail. He died from the effects of his wounds, February 10, 1856, at the house of Señor Pico.
MURDER OF A MEXICAN .- On Sunday, June 29, 1856, the brother of the overseer of Mexican miners at the New Almaden mine, was killed by an Indian on Cook's ranch. The Indian was quarreling with an Irishman, when the Mexican said to him, " Why do you abuse that man ? He don't understand a word you say;" whereupon the Indian angrily answered, "Do you take
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it up ?" and plunged a knife into the Mexican. The murderer was appre- hended.
MURDER OF MRS. OLIVE KNAPP .- The facts of this case are these: On the morning of Sunday, August 3, 1856, at about eleven o'clock, Mrs. Olive M. Knapp, wife of Nathaniel Knapp, was found murdered, lying under the shade of a tree in the back yard of her residence, situated about two miles south- west of San Jose. A deep cut from ear to ear, upon the back of the neck, completely severed the cords; a long cut on the side of the neck, a cut across the lower lip, and a knife-stab in the breast-bone, attest with what diabol- ical malignity the monster completed his hellish purpose. An inquest was held, the jury finding that she was murdered by persons unknown. The husband of the murdered woman was arrested on suspicion, but was after- wards discharged on his own recognizance to appear at the next term of Court.
MURDER OF LOUIS PVELGALADO .- A jury impaneled by the Coroner to inquire into the death of Louis Pvelgalado, at Santa Clara, on August 13, 1856, found that the deceased came to his death by a knife-stab in the left breast, inflicted by a man named Lazaraga. An old grudge had existed between the parties, who were Mexicans residing in San Francisco, and accidentally met at Santa Clara on a Saint's Day. The murderer escaped.
MURDER OF FRANCISCO BERREYESSA-Francisco Berreyessa was mortally stabbed at his house near the New Almaden mines, on Saturday night, November 29, 1856, by Calisto Lanra, a Chileno, and died the next morn- ing at eight o'clock. Calisto was on friendly terms with the family of Ber- reyessa, and often visited the house; he came there on the evening of the 29th with Berreyessa. After partaking of some cakes, Calisto started as if he intended leaving the house, but in fact concealed himself under the bed occu- pied by Francisco Berreyessa and his wife. There were several women in the house, some of whom knew of his concealment there. Berreyessa's wife also discovered him, and informed her husband that Calisto was under the bed. The husband ordered him to come out, and then caught him by the hair of the head and pulled him out. Calisto, on arrising to his feet, drew a knife and stabbed Berreyessa, from which wound he died. The slayer escaped.
MURDER OF A MEXICAN NAMED JOSÉ-A Mexican from Sonora named José was murdered on Saturday night, June 27, 1857, on the road leading from Alviso to San José, and was found next morning in a vacant house on the roadside near Lick's Mills. The assassin had inflicted five or six knife stabs upon the body of the murdered man, one of which penetrated the heart.
KILLING OF PAUL C. SHORE .- This tragedy was enacted in Fremont town-
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ship on January 6, 1859. It would appear from the records that one Thomas Seals and a family named Shore, were joint proprietors of a certain portion of the Rancho Rinconada de San Francisquito. Each had bought out an interest in the ranch-Seals holding several shares and the Shores had bought out but one heir, the property remaining undivided between them. But Seals had gone onto the premises, had improved and inclosed a large body of the land, a thousand acres or more, and was in the enjoyment of it-in fact had appropriated to his own use land that was common prop- erty. On the date mentioned above, Richard E., and Paul C. Shore, assisted by a youth named Lewis, were putting up a house on these lands, when Thomas Seals and S. J. Crosby came up and an altercation ensued between Seals and Richard Shore. In the meantime there appeared on the scene one Alexander Robb. Continuing his work, Richard Shore stepped onto a bench when he was pitched off' by Seals. Shore then ordered him to keep back when Seals drew a pistol half-way out of his pocket. Near by Paul C. Shore was standing leaning on the handle of an ax. Seeing him, Seals ordered him to put down the ax in very rough language, which was not complied with, when Seals made for him with the drawn pistol, he received a blow from the ax and dropped his pistol, for which a grab was made by Crosby and Robb, Seals then drew another weapon, and firing, it took effect, the victim never afterwards speaking. Seals then came to San Jose and gave himself up to the authorities, while Crosby and Robb were apprehended as accessories. At the session of the Grand Jury which sat in the month of March true Bills were found against Seals and Robb, but that against Crosby was ignored. The trial of Seals took place before the Third District Court, sitting at San Leandro, Alameda county, April 11, 1859, when the jury disagreed. A new trial was ordered for April 18th, when after forty-six hours' deliberation a verdict of not guilty was rendered April 24th.
KILLING OF SAMUEL J. CROSBY .- The killing of Crosby grew out of the case last mentioned. During the session of the District Court, on Monday, March 28, 1859, the case of The People vs. Thomas Seals and Alexander Robb, indicted for the murder of Paul C. Shore, being set for the following day, an indiscriminate shooting affray took place, which resulted in the death of Samuel J. Crosby, the Coroner's jury finding that the deceased came by his death by three or more shots from pistols, by the hand of Thomas Shore or Richard Shore.
KILLING OF L. POSEY FERGUSSON .- While the sad tragedy last mentioned was being played without the Court House, one of a nature still more pain- ful was being enacted within. L. Posey Fergusson, a miner from Grass Valley, who came to San Jose to accompany an old friend home near New Madrid, Missouri, had entered the court-room and was listening to the 15
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proceedings, when firing was heard. Remarking, "What does that mean," he went towards the door and arose on a bench, when a ball from the outside, after passing through planking three inches and a quarter in thickness, struck him on the breast, when he cried out to a friend named Steward standing by, " John, I am a dead man." He stepped back a few paces, then sank on a bench, and lived only half an hour after. The jury found that the shot had been fired by the hand of Samuel J. Crosby, at certain persons standing in front of the Court House.
MURDER OF FRANCISCO HERNANDEZ .- On Sunday, March 27, 1859, as Fran- cisco Hernandez was riding with his wife on horseback from Alviso to Mil- pitas, he was attacked by a Sonoranian named Dionico Crijalvo. Hernandez got off his horse and picked up a piece of fence rail to defend himself from the assaults of Crijalyo, who was pressing upon him and driving him back. This occurred near the house of Messrs. Pratt and Barber, who seeing the whole affair rushed out to part the combatants. They took a large knife from Crijalvo, and finding Hernandez injured and bleeding freely carried him into their house, and then Pratt went in pursuit of Crijalvo, who fled toward Milpitas, but did not succeed in arresting him. The wounded man was afterwards taken to the house of J. G. Unedias, on the Alviso rancho, where he died.
MURDER OF RAFAEL ORTEZ .- On Tuesday, November 1, 1859, an Indian named Fermin killed a. Mexican named Rafael Ortez, in Gilroy township. Ortez was indebted to the Indian for money lent, and on meeting each other the Indian demanded his money. Ortez replied that he had not the money but as soon as he sold his corn and paid off his hands for labor. done, he would pay the debt to Fermin. The latter replied that he wanted the money then, but Ortez said he could not pay him at that time. " I will make you," said the Indian, and got off his horse. Ortez also dismounted, and the Indian then getting on his horse drew a pistol and shot the Mexican. Ortez on see- ing the Indian draw a pistol, seized his foot, to which he hung, after being shot, until drawn a few yards, when his grasp loosened and he fell to the ground dead.
MURDER OF WILLIAM BLANCH .- William Blanch, an Englishman, was savagely murdered on Wednesday, May 16, 1860, while at labor in a field he was cultivating about a mile from San José. The perpetrator of the crime was an Indian named Salvador Garcia, who had been accused by the deceased of stealing a rope. The murderer was arrested, and found guilty Novem- ber 2, 1860.
MURDER OF JOHN BEE-On Monday, July 30, 1860, about four o'clock in the morning, during a festive meeting at the residence of Harry Bee, Felipe
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Hernandez, a desperate character who had been already tried for one murder, and though convicted by one jury, was on a second trial acquitted, shot the son of his host, John Bee, a young man of twenty-one years of age, killing him instantly. The dispute arose about the ownership of a guitar. Hear- ing the report of a pistol, Harry Bee rushed into the room when he was shot in the thigh by another desperate man named Gonzalez. The limb was so much shattered as to render amputation necessary, so that by this act he has been rendered a cripple for life. Gonzalez was apprehended, but Hernandez escaped. He was afterwards captured, tried and sentenced to death but on the night preceding his execution murdered his jailer and once more freed himself, the deed being one of the most desperate on record.
KILLING OF SAMUEL PHILLIPS .- Samuel Phillips and his partner, a Mr. Nesbitt, attempted to open a banking game at the Enriquita mines on the evening of Saturday, August 3, 1861, when a general row occurred in which pistols and knives were freely used. Phillips was cut in the abdomen, from the effects of which he died the next day. A Spaniard was shot in the neck and killed instantly, and one or two others were seriously injured.
MURDER OF MRS. KELLY .-- A woman, the wife of a man named Kelly, resid- ing near Guadalupe, was found dead in her house on Tuesday, September 3. 1861. When discovered, her little child, nine months old, lay asleep by her side, literally covered with blood. The mother had received no fewer than thirteen stabs and cuts at the hands of the murderer. Her husband was away from home at the time. She had testified against a Spaniard in a suit for grand larceny about a year before, which resulted in his conviction and imprisonment. The term of his sentence having expired not long before, he was seen in the neighborhood, but since the murder was nowhere to be found.
KILLING OF PEDRO .- Henry Dietzman killed a Spaniard named Pedro on Sunday evening, August 24, 1862, near Santa Clara. The following are the circumstances: Pedro was on his way home about nine o'clock, on horseback. His road led through a corral occupied by Dietzman. He dismounted to let down the bars, and was leading his horse through when he was hailed by the former, who alleges that he thought the Spaniard was stealing a horse. Dietzman fired upon him, according to the story told by him, and Pedro threw up both his hands, but offered no resistance. He then fired again, when Pedro endeavored to get through the bars and escape. Dietzman then approached close to his victim and fired the remaining charge of his revolver, killing the man. Dietzman was examined before Judge Skinner on the 26th and discharged. He was, however, apprehended by the county authorities, and tried and found guilty of murder in the second degree, January 12, 1863, and on the 16th was sentenced to ten years' imprisonment in the State Prison.
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MURDER OF PATRICIO AMADOR .- A Spaniard named Patricio Amador, aged about sixty years, was murdered by Angel Arrow, at Guadalupe, on Sunday, September 14, 1862. Amador was protecting a little girl from the base advances of the libertine and assassin Arrow, when the latter drew a knife and stabbed him in four places, causing his death. The murderer made good his escape.
MURDER OF MARTIN J. ROOHAN .- The account of this horrible deed is taken from the Mercury of October 30, 1862 :-
" Felipe Hernandez, a prisoner confined in our county jail for murder, and sentenced to be executed on Friday last (October 24th) performed on the preceding evening one of the most daring deeds of desperation that it has ever fallen to our lot to record. Felipe is a native Mexican, about thirty years of age, rather fine looking, with a keen, piercing eye. He is about five feet eight inches in height, weighing not more than one hundred and fifty pounds, but evidently possessing the strength and agility of a tiger. The jailer, Martin J. Roohan, was a large, powerfully built man, sixty-three years of age, possessing immense strength, and cool, unflinching courage. He had had much experience in handling and managing desperadoes, and was possessed of unlimited confidence in his ability and nerve for any emergency.
" On the lower floor of the jail there are three large cells, opening into a corridor or hall, about six feet in width and perhaps thirty feet in length. The middle cell, in which Felipe was confined, is lined with boiler iron, and is otherwise made as secure as is deemed necessary to restrain the hardest cases. It is used exclusively for condemned prisoners, or such as are awaiting trial for capital offenses. This cell he occupied alone.
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