USA > California > Santa Clara County > History of Santa Clara County, California : including its geography, geology, topography, climatography and description > Part 26
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" On Friday morning (the 24th) while the Sheriff was in our office attend- ing to some business, his deputy, Mr. Chapman, came in and informned him that he was unable to get into the jail, and wondered what had become of Roohan. Suspecting that something was wrong, in company with the Sheriff and two or three officers, we repaired immediately to the jail yard and soon affected an entrance. The outer door of the jail was closed, but not locked. The door leading to the corridor we found open. On passing through into the corridor we discovered the jailer lying on the floor, stiff in death, surrounded with all the ghastly evidences of a terrible struggle.
" In the other cells than that occupied by Felipe, there were a number of prisoners confined for lighter offenses, some half a dozen in each. The doors of the cells are latticed with iron bars, and whatever is transpiring in the corridor may be witnessed by the prisoners from within. Roohan usually had some one of the prisoners to assist him in the domestic duties of the jail. At about three o'clock on Thursday afternoon, as we learn from the testi-
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mony of the prisoners at the Coroner's inquest, the jailer and his assistants brought in the dinner and placed it on the floor of the corridor, near the doors of the cells. It was the custom to feed Felipe first. Mr. Roohan unlocked the door and directed his attendant to pass in the food. As the latter stepped into the cell, Felipe, who had freed his hands in some way, with the quickness of thought dashed him aside, sprang upon and seized Roohan around the body, at the same time getting possession of the knife which the latter wore in a belt at his waist. Then commenced the fearful death struggle, in the presence of the other prisoners, who were unable to render either party the least assistance. The waiter, who is an imbecile old Mexican, shrank with terror to the end of the corridor. The jailer car- ried a revolver, also, in his belt, but Felipe hugged him so closely that he was unable to get at it. There were riveted upon the ankles of the prisoner at the time immense iron shackles, weighing one hundred pounds, and yet the other prisoners testify that they seemed of no apparent weight to him. He had wound them with cloth and strapped them to his limbs in a way to be of as little inconvenience as possible. With a knife in one hand at liberty and with the other firmly grasping the body of his victim, with everything, to gain and nothing to lose, he was a match for anything human. He applied the knife at first to the throat of his victim, inflicting frightful wounds. This brought the jailer to his knees. Struggling again to his feet, he put forth every effort to overpower his wily foe. But weakened from the blows already inflicted, he was unequal to the task. Felipe then stabbed him to the heart, and through the lungs, killing him almost instantly. He informed the other prisoners that if they gave any alarm they would share the same fate, and they knew he would fulfill his promise! The prisoners say he appeared perfectly cool, both at the time of the murder and after- wards. With the keys in his possession, he now had command of the jail. Unlocking one of the cells, in which there were five men, he thrust in the trembling Mexican waiter and again locked the door. Among the prisoners in this cell was a Chileno, in irons, who had been imprisoned the day before, for stabbing a man at Almaden. Felipe, after working about an hour to remove his irons, released this man, and they both together went into the jailer's private room, where they found files and old chisels necessary for their purpose. The task was a long and arduous one. The heavy shackles spoken of were secured'to the ankles with half-inch bolts, riveted in the most substantial manner. The witnesses testify that it must have been near two o'clock in the morning when the filing and hammering ceased: The desper- adoes then made their escape, taking with them two revolvers, and over eight hundred dollars, which Mr. Roohan was known to have in his pos- session."
Felipe was a most desperate character, and had been tried for capital
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crimes several times; once for the killing of Carobine, at Alviso, when he was sentenced to the State Prison for life, but was pardoned out by Gov- ernor Weller, and was, at the time of the commission of this desperate deed, awaiting execution for the murder of John Bee, the circumstances of whose death are detailed above. While sentence for this crime was being passed upon him, he indifferently smoked a cigarette, and, up to within a few days of the time appointed for his execution, manifested the supremest unconcern to his fate. All of a sudden, however, he changed his tactics, and success- fully played the penitent. His jailer found him on his knees, whenever he approached the cell, and it was with difficulty that he could be aroused to take his food. His cross was always before him, and he prayed with a per- severance that would have done credit to a saint. By these means he threw his jailer off his guard. It was for this reason also, that, when the Sheriff suggested the propriety of having some one to remain with him on the night preceding the execution, Mr. Roohan declared that there was not the least necessity for it-all was secure. As soon as the facts of the case became known to Sheriff Kennedy, every exertion to effect the recapture of the murderer was made, and a large reward offered. It was afterwards reported that Felipe Hernandez was killed near the Colorada river, in a quarrel with his companions.
MURDER OF PETER VEUVE-A stage-driver, named John Marr, alias "Wild Cat Jack," had an altercation with another driver, a Frenchman, named Peter Veuve, at the Washington Hotel, in San Jose, on the morning of Tues- day, November 18, 1862, which resulted in the death of the latter. It would appear, from the testimony taken, that an old grudge had existed between the parties-that Wild Cat had accused Veuve of stealing fare money from the proprietor, Mr. Dutech, which the Frenchman denied, and threatened, on the day in question to have a "wild cat " skin before night. Both parties boarded at the hotel. A difficulty first occurred at the break- fast table between them; but they were prevented from doing personal vio- lence to each other. They then proceeded to the stable to "fight it out." Veuve said to Marr, on their way to the stable, that he was unarmed, and asked the latter if he was armed. He replied "No," which proved to be false, as he shortly drew a knife, and cut Veuve in the arm and abdomen. The latter cut made a ghastly wound, six inches in length, which caused death in a few hours. On the morning of February 5, 1863, "Wild Cat" made his escape from jail, where he was awaiting trial, but was afterwards captured in Stockton, San Joaquin county, on April 2d, and brought back to San José. He was convicted of murder in the first degree, May 13, 1863; was sentenced to death, and was to have been executed on the 10th July, but this was commuted to imprisonment for life.
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KILLING OF JOSÉ MORIO DE POLYCARP .- On November 28, 1862, this indi- vidual, a native Californian, aged about twenty-two years, was killed near Santa Clara, by Hilaris Sandlarte. What the circumstances attending the shooting were, we cannot glean, but it was decided that the case was one of " justifiable homicide," by Justice Erkson.
KILLING OF JOSEPH HENMAN .- The deceased was a native of England, about thirty-six years of age, and came to his death by two wounds made by a knife, in the hands of William Trebath, on the morning of May 17, 1863.
KILLING OF JOHN CHURCHILL .- Deceased was a native of Ireland, aged forty-four years, and came to his death by two gun-shot wounds, from a double-barreled shot-gun, in the hands of Henry Palmer. Palmer gave himself up, and upon examination was acquitted. The facts clicited were these: Palmer had been at work for a few weeks for the deceased. One evening while he was alone in the house with Mrs. Churchill, he used some insulting language in her presence, which the husband, who was listening under the window, overheard, and resented by beating him about the face, and compelling him to get down on his knees and ask his wife's pardon. He also ordered Palmer to leave his premises, threatening to take his life if he met him again. Palmer left, but returned in a few days with a double- barreled gun. He went to the field where Churchill was at work. The latter apprised of his approach was armed with a hand-ax, and attempted to run Pahiner from the field. As he approached, Palmer raised his gun and fired one barrel, breaking Churchill's arm. As he continued to advance Palmer fired the second barrel, shooting his man through the heart. Churchill was jealous of his wife, probably without cause. They lived unhappily together.
MURDER OF JAMES SAXTON .- The body of deceased was found in Pacheco pass, on the morning of Sunday, June 21, 1863. It bore evidence that he had been lassoed, stabbed, and beaten with a club but a short time previously. The man was known to have about two hundred dollars in money with him, on the day of his death, the fact being also known to two Mexicans who were in the vicinity, but who had suddenly disappeared. On August 24th, an Indian was arrested for this murder, and after being committed by the Court, and given over to the Sheriff and posse to be taken to jail at Gilroy, he was forcibly seized by an infuriated mob and hanged to a tree in the street.
KILLING OF JAMES SANTINA .- James Santina was stabbed to the heart, and instantly killed, in Santa Clara, on the evening of July 4. 1863, by Michael Murphy, who was immediately arrested.
MURDER OF VAN CLEAVE .- For this murder Abner Smith was executed, July 10, 1863.
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THE PEOPLE VS AH PAH .- For this murder, of which there is no record, Ah Pah was executed, October 30, 1863.
KILLING OF OSAQUE .- This individual was shot at Santa Clara, by Romero, a Spaniard; further than this there being no record.
KILLING OF CHARLES CHEENY .- On the evening of Saturday, January 16, 1864, Charley Cheeny was killed by Mat. Connery, in a saloon on Santa Clara street, San José.
KILLING OF JOSEPH PELLIGRINI .- About nine o'clock on Saturday even- ing, June 4, 1864, Joseph Pelligrini, a butcher doing business at the Enri- quita quicksilver mine, was murdered in his room, as he was about retiring for the night. He was stabbed through the heart, apparently with a large butcher knife, and otherwise cut in a shocking manner. The door to his house was forced by breaking the lock. There was every evidence in the room of a terrible struggle. A pistol shot was fired, probably by deceased in self-defense. Pelligrini was a quiet, inoffensive man, and was murdered, it is supposed for his property. The murderer escaped.
MURDER OF JUAN JOSÉ RODRIGUEZ .- On the morning of June 5, 1864, a Mexican with one arm, named Julian Almanca, the owner of a " deadfall " at the Enriquita mines, whose name could not be ascertained, shot and killed Juan José Rodriguez, and succeeded in making his escape. The cause lead- ing up to the shooting was a quarrel on some trivial matter. He was arrested in Los Angeles in January, 1867.
HOMICIDE OF BERNADA ZUNAGA .- The deceased, a native of Chile, was stabbed and killed in a drunken scuffle in Rathbone's saloon, Milpitas, Feb- ruary 21, 1865, by Juan Rentaria, an Indian. The murderer escaped.
THE PEOPLE "'S. - EDWARDS .-- For the murder of one Gessler at Gilroy, the prisoner was sentenced to four years' imprisonment on May 18, 1865.
MURDER OF- - HENDRICKS .- At about eight o'clock on the morning of February 15, 1866, two Indians under arrest for murder, seized upon Mr. Hendricks, the jailer, and after a desperate struggle one of them succeeded in obtaining his pistol; they then broke from the jail and ran around the corner of the yard into Third street. Hendricks quickly obtained another pistol and followed in pursuit. He came up with one of them before he had gone the distance of a block, and fired, wounding his man. The fellow quickly fired in return, the third shot passing through the jailer's head, killing him instantly. He then ran along Third street and concealed him- self under an unfinished building, among the rubbish. A crowd gathered around armed with shot-guns and revolvers; and as he was armed, and
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threatened the life of any who approached, he was dispatched without much ceremony. The partner of his crime and flight was afterwards apprehended and sentenced by the District Court of Santa Cruz county, to be hanged May 22, 1866.
KILLING OF JOSÉ .- In the month of April, 1866, two men known as Fran- cisco Ilario and José, were engaged in cutting wood near Mountain View, when José suddenly disappeared. Ilario was afterwards seen wearing a coat which was recognized as having belonged to this companion. Suspicions of foul play were aroused, a search was instituted, and the body of José, bearing the marks of violence, was found buried in the sand near the cabin. On May 29, 1866, Ilario was arrested at Spanishtown, San Mateo county, and brought by Sheriff Adams to San Jose, where he acknowleged the slaying of José, but said that it was in self-defense.
MURDER OF THOMAS WALKER .-- The main facts of this case are these: saloon kept by Simon Haines, at Mountain View, had been robbed of a small amount, and Walker was suspected of the crime. James Haun, assisted by two accessories, Jones and Craig, decoyed Walker, who was an inoffensive old man, from the bar-room of the Bay View House, and took him a short distance into the brush, where they endeavored with threats of summary vengeance, to extort a confession of guilt from him. He asserted his inno- cence in the most earnest manner. Overcome with fear, he fell upon his knees and begged them to spare his life. Jones and Craig then washed their hands of the transaction, and turned to go away. Haun went a short distance with them, and then turned back to the old man and deliberately shot him through the head. He was indicted by the Grand Jury for murder, but managed to escape, and nothing was heard of him for a period of four years, when in August, 1871, Sheriff Harris received intelligence that Haun was working in a blacksmith's shop at Lone Pine, Inyo county, under the assumed name of Wilson, where he was arrested. On January 23, 1872, he was convicted of murder in the second degree, and sentenced to the State Prison for life. In February the verdict was set aside and the prisoner remanded to answer to the next Grand Jury. On the 9th of May he was again found guilty of murder in the second degree, and on the 18th was sentenced to twelve years in the State Prison. On May 25th he was brought up before Chief Justice Wallace on a writ of habeas corpus, when he was remanded, but, in August the Supreme Court affirmed the judgment of the Court below, holding that as against the crime of murder in the second degree there is no limitation of time within which a prosecution may be commenced.
KILLING OF DAVID PATTON .- A man named David Patton was killed by one Steiger, a saloon-keeper at Mountain View, on Thursday, December 26,
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1867. It appeared in evidence taken before the Coroner's jury that Patton was intoxicated and disposed to be quarrelsome. He attacked Steiger, who it is alleged, thrust a knife into him in self-defense. It was not so thought by the Grand Jury who found a true Bill against him, and a bench warrant was issued for his apprehension.
KILLING OF WILLIAM COOPER .- This tragedy occurred on the night of Wed- nesday, January 29, 1868, under the following circumstances as related in the Mercury of February 6th: Orrin Dubois is an industrious and respecta- ble farmer in easy circumstances, residing about one and a half miles south of San Jose, on the Monterey road. His family consists of a wife and four children-the eldest, a girl, a few months past fifteen years of age. She unfortunately figures largely in this case, while another important person- age, is her grandfather, a man of seventy-eight years old, and a resident with the family for three months. The deceased, William Cooper, was born in England, but came to this country at an early age. He was about twenty-five years of age, well educatel and of pleasing aldress. He had been a soldier for the Union, and had in his possession his discharge papers. He came to the vicinity about six months previously, and being short of money sought and obtained employment of Orrin Dubois, for whom he worked two or three months during harvest. Since then he had worked at odd times for Mr. Dubois, his last engagement terminating on Friday, Jan- uary 24th, when some little disagreement occurrel between him and Mrs. Dubois. When not at work he spent his time in San Jose, frequenting the saloons, playing billiards, etc.
It appeared from the evidence adduced that for the last two weeks of his stay at Dubois' he had been carrying on an improper intimacy with the girl -entering into a secret intrigue for the purpose of an elopement, he prom- ising to take her to New York and marry her-as under the laws of Cali- fornia he could not do so here without the consent of her parents, she being under eighteen years of age. The grandfather was a party to this intrigue, and acted as a medium of communication between the lovers. He swore, however, that he knew nothing about their intimacy-that he carried no messages of any kind from one to the other. The testimony of other witnesses was so conclusive to the contrary that a complaint was made out against him as an accomplice in the killing, and the old man was arrested and committed to jail to await examination. (He was subsequently examined and discharged). On Monday afternoon, January 27th, Cooper called on Dr. Kline, an acquaintance, and made a confidant of him as to his intentions to run away with the girl-said he expected trouble and wanted to borrow his (Kline's) revolver. Kline refused to lend the weapon, where- upon deceased borrowed a Derringer pistol, on the following evening, of Wes-
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ley Stevens, another acquaintance, with whom he roomed occasionally when stopping in town. In the meantime Dr. Kline, actuated by a sense of duty, communicated his knowledge of the affair to officer Bellow, and advised him to keep a watch on the departing trains, as he thought the object of Cooper was to ruin the girl. Bellow immediately notified Mr. Dubois, who held a consultation with his wife on the subject. They could hardly believe the report to be true, until the girl made a full confession to her mother. She stated that Cooper was coming there that night, or the night following, to make the final arrangements for the elopement; that she was to leave the front door partly open to receive him; that he had written to her to get all the money she could, and all the watches and jewelry that would bring any money; that she did not want to go with him, but felt that she must go, for she would be ruined if she did not. With a knowledge of these facts Mr. Dubois watched for the intruder the greater part of Tuesday night. On Wednesday evening he came to San Jose for the purpose of taking advice as to what he should do under the circumstances, and possibly to obtain the services of an officer to arrest Cooper when he should come. Dubois con- cluded to defend his premises against the proposed invasion by Cooper; and returning to his home, without arousing his family, he entered by the front door, leaving it partly open, and took his place near the entrance to resume his vigils. At about eleven o'clock Cooper approached the door, and as he did so received a charge of buckshot through the body, from the effect of which he died on the afternoon of the following day. The verdict of the Coronor's jury was that the act was " premeditated and unjustifiable," but on the 27th February the Grand Jury failed to find a Bill against Dubois, he was therefore discharged from custody and admitted to bail on his own recognizance.
KILLING OF HARRY LOVE .- Harry Love, alias The Black Knight of the Seyante was killed in July, 1868, at Santa Clara under the following cir- cumstances: He was a man of immense frame, and although a great brag- gart, of unquestionable personal bravery. He commanded the company that captured in early times the notorious robber Joaquin Murictta, who it is said he killed with his own hands. His wife by a second marriage was a wealthy land-owner. She refused to live with her husband for a number of years, on account of his cruelty to her, he being in the habit of beating her brutally, at such times as he could find her alone and unprotected. It was partly for her own protection that she employed Christian Elverson, to work on her farm and live in her house. Love spent most of his time in Santa Cruz county, leading a sort of hermit's life, and visiting his wife occasionally. He conceived a strong aversion to Elverson, pretending jealousy, which was wholly groundless, as Mrs. Love, was, at the time, over seventy, and Elver-
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son in the prime of life. Love had ordered Elverson to leave the place, using violent threats against his life. Mrs. Love earnestly urged him to stay, and knowing the rough nature of the man Elverson prudently armed himself. On the day of the shooting Mrs. Love came to San José, accompa- nied by Elverson, for the purpose of transacting some business. Love, who had been stopping in town for a week or two, saw them together, and immediately went to his wife's house, where he armed himself with a double- barreled shot-gun, a revolver, and bowie-knife. A step-daughter, and a car- penter employed in repairing the house, were the only persons at home when he arrived there. He locked the front gate, and took a position behind the fence to await the return of Mrs. Love and Elverson, swearing that if the latter attempted to enter the premises he would kill him. The daughter, apprehending danger to her mother, went into the road and motioned the carriage back, as it-approached, and when it was still a considerable distance from the house. Elverson, misinterpreting her gestures, only approached the more rapidly. When within about seventy-five yards of the gate, Love discharged one barrel of his gun, a shot striking Mrs. Love. Elverson comprehended the situation at once, leaped from the wagon, drew his revolver, and moved rapidly by side steps upon the enemy, who was crouched behind the fence, and fortified by the gate-post. When he had crossed about one-half of the intervening space he received the contents of Love's other barrel, a number of shots taking effect in his face, causing the blood to flow profusely. Perfectly cool and undaunted, he pressed on, exchanging shot for shot, until a ball from Love's revolver disabled his right arm. Shifting his pistol to his left hand, he rushed boldly up to the fence, and reaching over, just as his antagonist was in the act of firing, sent a ball through his pistol arm, which shattered the bone near the shoulder. Love immediately took to his heels shouting "murder," with Elverson in close pursuit. When near the house the latter overtook him and felled him with a blow from the pistol. He was proceeding to finish his work, when the carpenter above mentioned, came to the rescue and separated them. Love died shortly thereafter from the effects of an amputation of the shattered arm. Elverson was arrested but, after examination discharged, the killing being evidently justifiable.
MURDER OF MRS. JOHN HAUSER .- John Hauser, a well-known resident of San Jose, was arrested, June 18, 1869, charged with the murder of his wife, whose body was found in the yard of her residence, on Balbach street, at an early hour of that day. The parties had lived separately for several years, and had had much trouble about the division of the property. The accused was found in his bed at his room on First street, when he asserted that he knew nothing about the murder. His coat sleeve was missing and
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afterwards found in the street, near his lodgings with marks of blood upon it. An inquest was held and a verdict rendered that the deceased came to her death at the hands of John Hauser. He was tried before the District Court, and the case given to the jury, January 30, 1870, when, after sixty hours' deliberation, they failed to agree and were discharged. He was after- wards re-tried, found guilty of murder in the second degree, and sentenced to twenty-five years' imprisonment.
KILLING OF BECKWITH KELLY .- A strange case of homicide occurred near Gilroy, on Thursday, August 11, 1870. A Mrs. Prudence Page came over, by stage, from Watsonville, Santa Cruz county, on that day, hired a horse and buggy at a livery stable in Gilroy, and went a few miles out of town, to a place where one Beckwith Kelly, an employé of Henry Miller, was at work. She invited him to take a ride with her. He accepted. The two rode together in the direction of San Juan. Returning towards evening, when near the place where the deed was committed, she enticed him to leave the buggy, and they proceeded together towards a cluster of willows. When about one hundred rods from the road she drew a revolver and shot him through the brain, and also through the heart. She left the body in the field, rode back to town, told a friend what she had done, and gave herself over to the authorities. She assigned as a reason for the act that Kelly had slandered her and refused to retract.
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