History of Santa Clara County, California : including its geography, geology, topography, climatography and description, Part 38

Author: Munro-Fraser, J. P
Publication date: 1881
Publisher: San Francisco : Alley, Bowen, & Co.
Number of Pages: 894

USA > California > Santa Clara County > History of Santa Clara County, California : including its geography, geology, topography, climatography and description > Part 38

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

It is now our intention to produce two documents illustrating the atti- tude then existing between master and servant, the first of which, if not coming within the actual line of slavery, is tinged with that taint :--

"JUZGADO DEL PUEBLO DE SAN JOSÉ DE GUADALUPE: These presents witness that Charles White, First Alcalde of the Pueblo de San Jose de Guadalupe, have this day bound in apprenticeship an Indian boy, named Bisenti, said boy being an orphan, for the term of three years from this date, to Gabriel Castro, said Gabriel Castro being obligated to feed properly, and clothe, said Indian boy, and at the end of said term of three years the said Gabriel Castro shall give to said Indian boy a horse and saddle, worth thirty dollars, besides which the said Gabriel Castro shall instruct said Indian boy in the Christian religion, and in all kinds of work."

The other speaks for itself.

" This indenture made and entered into on the tenth day of March, 1848 by and between John Pyle, of the Pueblo de San Jose de Guadalupe, of the first part, and Juan Bernal, of the same place, of the second part: WITNESS- ETH, That the said John Pyle agrees, on his part, to take charge of the cattle of said Juan Bernal, on his Rancho en el Arroyo del Valle de San José : and said Pyle further agrees to superintend and take care of them for, and during the period of three years, six months from date of this instrument, from the date he receives the full complement, as hereafter agreed upon, and will deliver to said Bernal, at the end of the above period, the number of 22

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HISTORY OF SANTA CLARA COUNTY, CALIFORNIA.

cattle received, with one-half the increase, excepting those that may die, or be missing by casualty, or otherwise. He, the said Pyle, agrees to use every diligence in protecting, and taking care, as far as possible, of the cattle under his charge. The said John Pyle further obligates himself to build on said rancho, for said Bernal, an adobe house, twenty varas long, and eight varas wide, and to put an under and upper floor of plank in said house, likewise, to put in the necessary doors and windows, and as soon as possible to build a corral on said rancho, for the use of said cattle, and to be at one-half of the expense in marking and branding the increase. The aforesaid house has to be covered with three-feet boards, and have corridors in front. The aforesaid Juan Bernal, of the second part agrees and obligates himself to deliver, on the aforesaid rancho, and in the corral, at least one thou- sand head of cattle in the month of April, or May of this year, two-thirds of said cattle to be of the* she kind, such as cows and heifers; he, the said Ber- nal, also agrees to give one-half of this, with the one-half of the three succeed- ing years' increase of the aforesaid cattle, as also one-half of all the increase of any kind which may be put upon said ranch or farm, in charge of said John Pyle, for the aforesaid term of three years; he, the said Bernal, further agrees to give to said Pyle, two beeves per month, for his use on said rancho, reserving, however, the hides ; he, the said Bernal, further agrees to furnish one-half of all the horses needed to take care of the cattle at the rodéos. Each person, Pyle and Bernal, marks with his own brand, and marks their respective one-half of the increase; and it is understood that the house, when built, is to be for the use of said Pyle during the aforesaid term of three years and six months." Signed by "Juan Bernal," and "J. F. Pyle," and witnessed by " James F. Reed."

Perhaps we should apologize to the reader for introducing him to so elab- orate a rhopomontade, but the above contract is intended to exemplify, once and for always, the intricate verbiage in use among the would-be legal dignitaries of early times.

At a meeting of the Councilmen, held November 27, 1848, there being present: James F. Reed, Thomas Campbell, F. T. West, James Stokes, and Grove C. Cook, the following proceedings were had: Charles White, First Alcalde, being present, qualified the members and took his, seat as Chairman, he also acting as Clerk. Mr. Reed proposed that Antonio Maria Pico be requested to attend and give evidence, and that Salvio Pacheco be called on to bring such papers as he might have in his possession referring to the mill of Don Pedro Sainsevain. Passed. Two Constables were then appointed, in the persons of William O'Connor and William S. Wood, at the respective sala- ries of one hundred, and eighty dollars, per month, together with the usual fees, " to be paid in placer gold, at the rate of sixteen dollars per ounce, troy." On the 28th Messrs. Reed, Campbell and Cook were appointed to inspect

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the prison and report what improvements were necessary; and a like examination was ordered for the Court House, the entire Council being nominated to that duty. At this session a reward of two hundred dollars was offered to " any person or persons who might arrest and deliver up to the Court of this town the two murderers, Lynch and his companion, or one hundred dollars for each," to which an additional twenty-five dollars was added by Councilor Stokes [we shall speak of such another erime below]; and on December Ist an ordinance was passed ordering the closing of all business houses upon the Sabbath, and imposing penalties for the violation thereof.

Towards the end of the year 1848 erime was considerably on the increase, such being enhanced by the unprotected state of roads on the direct line of travel to the mines, the wayfarers on which being wont to carry consider- able quantities of gold-dust on or about their persons. In the month of December Thomas Fallon, long a well-known and prominent citizen of San José, was on his way from the mines, having in his possession about two thousand five hundred dollars in dust around his body and some seven ounces in his pocket. He had also seven horses and a servant, but no arms of any value, as a part of his pistol had been lost. Near the Mission of San José he camped one night, close to three men-" Knights of the road" -one of whom he had previously known in Santa Cruz. Suspeeting their character, he concocted the story that he had, some days before, sent on a man with money to buy cattle, but that he had since heard nothing of him. He further proposed to trade for their best horse as his was worn out, on which they agreed to give six ounces for the one he was riding. The ruse was successful and he escaped. The next day the highwaymen met two Ger- mans, who had with them about eight thousand dollars in gold-dust ; these they shot, instantly killing one, but the other escaped to San José, where he gave the alarm. Armed men instantly went in pursuit of the murderers, who were captured and brought into the city and tried, and on Saturday, December 16, 1848, the 'following verdict was rendered: "The jury, after mature deliberation, bring in a verdiet of guilty; (signed) James L. Ord, Foreman." Sentence was then recorded in these words: "That they shall -David A. Davis, William Campbell and Mathew Freer-be hung by the neck until they are 'dead, on Monday next, between the hours of ten and two. James L. Ord, Foreman; Thomas Campbell, James F. Reed, Isaac Branham, F. T. West, J. Belden, James Stokes, R. C. Keys, Samuel C. Young, Thomas M. West, Julian Hanks, John Cross." "The above sentence is hereby approved and ordered to be carried into execution accordingly. K. H. Dimmick, Alcalde." On December 18th and 19th, Woollard, Cotton and Lee, three of their accomplices, were tried, convicted and sentenced, as follows: " We, the jury, in the case of Woollard and Lee, doth define, for Woollard, as punishment, on first charge, thirty-five lashes on the bare back;

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HISTORY OF SANTA CLARA COUNTY, CALIFORNIA.

Lee, eighteen lashes on the bare back. On second charge, Woollard forty lashes on the bare back; Lee forty lashes on the bare back; the same to be inflieted in the most publie place in this pueblo, at the hour of four o'clock, P. M., and each one month's imprisonment in the stocks. Juzgado del Pueblo, this 19th day of December, 1848. James W. Weekes, Samuel P. Goodrich, Wesley Hoover Arthur G. Caldwell, William Daniels, T. M. Ramsden." "Verdict: The jury, in the case of John W. Cotton, find him guilty of some of the charges preferred against him. James L. Ord, Fore- man. Sentence: Ist. That the Judge reprimand, publicly, the said John W. Cotton: 2d. That he receive fifty lashes, well laid on his bare back with a raw-hide; and 3d. That he be placed in irons for one month, and be fed on bread and water for the same period. In consideration of the prisoner's previous good character, his full confession, and other palliating circum- stances, the above mild sentence is recommended by the jury. (Signed) J. L. Ord, Foreman; R. C. Keys, Benjamin Cory, Thomas Campbell, John Cross, S. C. Young, J. Belden, Isaac Branham, James Mathers, Julian Hanks, Thos. M. West, James Stokes. Pueblo de San Jose, December 18, 1848." The three men, Campbell, Freer, and Davis, were duly hanged with no loss of time, as the accompanying minute, under date December 21st, will show : "Orders were presented by Mr. Cook for part of the property of Campbell, Freer and Davis, deceased, to be delivered to Mr. Wyman, and on Mr. Stokes' motion, ordered that the property of Campbell, Freer, and Davis be sold to defray the expenses of trial and execution, etc." Whereupon, on motion of Mr. Reed, the whole matter of the orders of Mr. Wyman and property of convicts was referred to a committee, consisting of Messrs. Reed, Stokes, and Belden. It would appear that application for the pay- ment of expenses to jurors in the above cases had been made to the Gov- ernor at Monterey, for it is on record that, under date January 23, 1849, Col. Mason informed the Alcalde, K. H. Dimmick, "With respect to the payment of costs of the jurors, etc., it is not within the scope of my power or authority to order the disbursement of the public moneys in paying the costs of trials and executions not strictly legal. I know, in this case, that necessity and circumstances, and the violent outrages of late so frequently committed upon society, compelled the good citizens of the pueblo to rise up, and promptly make an example of those robbers, for the sake of their own safety and that of society in general. The country affording no means -jails or prisons-by which the persons of these lawless men could have been secured and society protected, it is not much to be wondered, that the many atrocities so recently committed upon unoffending citizens, that the strict bound of legal proceedings should have been a little overstepped." Be this as it may, the summary punishment meted out to these ruffians had for many a long day a most wholesome effect.

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We can do no more here but take passing notice of the discovery of gold on January 19, 1848, at Coloma. In our chapter of Early History it will be found more fully treated. By the month of March the news had reached to the town of San Jose and the valley surrounding it. No one doubted the report. The Alcalde left his records, the merchant his store, the carpenter his unfinished building, the farmer his half-grown erops, and the ranchero his horses and cattle-all flocked to the new Dorado. For two months Judge Peckham and Frank Lightston were the only adult male persons in San José. Towards the end of June, some of the gold seekers returned to look after their families and business, and brought the most astonishing stories of the new discoveries, which they were able to verify by the gold brought with them. They had found it. Some of those that had gone from San José had got four, some eight, some twelve, and some as high as twenty thousand dollars. Most of the San Jose people were located in a place they had named Weber's Creek, about ten miles from Coloma and three from the present town of Placerville. Here toiling at gold-hunting, in every shape, were Charles White, William Daniels, R. F. Peckham, and many others. John M. Murphy, with Charles M. Weber, and Doctor Isabel, were keeping a store and amassing wealth rapidly. The Indians had learned what the gold was and how to collect it, but knew nothing of its real value; a dollar's worth of gold, with them, was the weight of a silver dollar, and the store of Weber & Co. had an extensive trade. Many of our residents returned, some with ample wealth, to settle, others to return to the excitement to make more; alas, how few there are of these who have held on to their winnings.

Early in 1849, the pueblo lands commenced to rankle in the minds of the citizens, as the accompanying petition, dated January 3d, will explain: " We, the undersigned citizens of this pueblo, do hereby memorialize Your Honor- able Body in regard to the tracts of land designated the Five-hundred-acre lots. It doth appear that, in the Summer of 1847, the people of this pueblo employed an individual, by the name of James D. Hutton, to survey and divide a portion of the pueblo lands into tracts of five-hundred-acres each Mr. Hutton set about his work, and in due time presented a plausible plot of his survey, to the existing Alcalde and Town Council, which was accepted; since which time, the Alcalde, acting in accordance with the power in him. vested, has deeded away all those lots to the bona fide citizens of the pueblo. Those deeds do not refer to any marks upon the field by which the lots may be found and secured, but refer entirely to the plot as executed by Mr. Hutton. Furthermore, it doth appear that Mr. Hutton, by fraud or other- wise, has placed stakes in the field which have no accordance with the divi- sions on the map; and has, likewise, drawn lots upon the paper which have no existence upon the ground. The lots are also of various dimensions, some of which reach the dimensions of five hundred acres.

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HISTORY OF SANTA CLARA COUNTY, CALIFORNIA.

" The above particulars are well known to be facts, and it must be obvious to the gentlemen of the Council, that the deeds above referred to will hold good in any Court of Justice, for land of the same configuration and pro- portionate dimensions as are exhibited upon the plot of Hutton, and not as designated by his stakes upon the field. Therefore, in our humble opinion, it is all-important that the Alcalde and Town Council take this matter into immediate consideration, the better to prevent disputes hereafter. And we do earnestly pray that a good, practical, surveyor be at once employed, to make a new survey, taking the map of James D. Hutton, as his guide.

" And, inasmuch as the original design of the authorities of the pueblo was not properly carried out by the survey of Hutton, we think it equitable and right that a portion of the expenses, attending a resurvey, should be defrayed from the Public Treasury. If this be approved of by the Honor- able Alcalde and Council, we are confident that a fair proportion of the expenses will also be paid by individuals interested. Respectfully submitted. Signed by Henry Bee, Ben Cory, John Ross, Jno. H. Rule, Charles White, R. B. Neligh, Julian Hanks, Wm. Fisher, G. F. Wyman, James W. Weekes, Peter Davidson, Fernando Alden, Flavius B. Clement, Bernard Murphy, Wm. Gulnack." The petition was placed on record, and in the meantime another presented, requesting that that portion of land lying between the town and the Guadalupe, should be added to the town, which was ordered to be carried into execution at as early a date as practicable.

In the first month of the year the number of paupers had increased, so much so that it became necessary to place them under the supervision of two overseers, Charles White and Grove C. Cook being appointed, January 3d, to the position. On the 22d, Antonio Maria Pico was elected Second Alcalde; while, at an election, held in the month of June, the following district and city officers were chosen: Prefect, Antonio Maria Pico, one hundred and twenty-seven votes; Sub-Prefect, N. B. Smith, one hundred and thirty-eight votes; First Alcalde, R. M. May, two hundred and seventeen votes; Second Alcalde, José Fernandez, one hundred and twenty-three votes; Town Council, Joseph Aram, one hundred and fifty-eight votes; J. C. Cobb, one hundred and fifty-three votes; Dolores Pacheco, one hundred and eighteen votes; Antonio Ynojoso, eighty votes; José Noriega, seventy-six votes; Thomas Campbell, eighty-seven votes. On September 24th, a Syndicate for the gov- ernment of the pueblo was appointed, consisting of: Sindico, José de Arnaz; Juez de Campo, Francisco Palomares, Antonio Chabolla; Sheriff, R. C. Keyes with a salary of one hundred and fifty dollars a month; Town Police, Mr. Gordon, J. F. Reed, W. R. Bassham, Peter Davidson, Wesley Hoover, Grove C. Cook, Justo Larios, José Mesa, Mariano Castro II., Juan Gonzales, Pedro Mesa, Felipe Patron (Mr. Reed was appointed Chief of Police, with power to call upon any citizen to aid him in case of necessity, November 19th); Town

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Treasurer, Isaac Branham; Council, Felix Buelna, Sub-Prefect, J. B. Cobb, Isaac Branham, Dolores Pacheco, Antonio Ynojoso, Thomas Campbell, and José Fernandez, Second Alcalde.

We have in our chapter on the Legislative History of the county entered at length into the transactions which made San Jose the first Capital of California, it will be only necessary here to notice these as they occur in the records of the city. On September 4, 1849, a meeting of the citizens of San José was convened to consider the propriety of offering a square of land sit- uated in the town to the members of the Convention then assembled at Monterey, on which to erect a State House, etc., and on the 8th the action was officialized by the Town Council by the annexed resolution :-

"WHEREAS, By request of the citizens of this pueblo, together with reso- lutions instructing the Town Council and Alcalde to offer to the Conven- tion now assembled in Monterey the Washington square in case said Con- vention should see fit to establish thereon the Capitol of the State of Cali- fornia; therefore be it,

" Resolved, That we, the Town Council of this pueblo offer for the acceptance of the Convention now sitting at Monterey the square know in this town as Washington square which contains twenty-one acres more or less of land for the sole purpose of erecting State buildings thereon and to be used by the State Government for all such public purposes as they may deem neces- sary for the Capitol of the State, it being understood that whenever the Capitol shall be removed from this square, it shall again revert to the peo- ple of the pueblo." It was afterwards wished to repeal the last paragraph of the resolution, but on being put to the meeting only the Chairman, Judge May, voted in the affirmative, those in the negative being Councilors Bran- ham, Davidson and White. A site for a market place was adopted by the Council, October 27th, while the records show that on the 15th December the City Treasurer was Don Jose Arnaz.

To the general history of the town not inuch can be added. The mines still engrossed the minds of all, though the rush to them had considerably abated. The necessities of the people increased as the population became larger; digging for the precious metal commenced to give way before the cultivation of the soil, yet, still, necessaries were hard to get and commanded exorbitant prices; flour went up to fifty dollars per barrel, nearly all of which was imported from Chile; a pair of ordinary boots were worth sixteen dollars, and others of extra quality commanded as much as two ounces, thirty-two dollars ; other articles were in like proportion dear, the influx of people was greater than the exodus, and the town wore the aspect of a half-military and half-civil settlement. Gambling became the order of the day and night, bowie-knives and pistols bristled in each man's belt, loud-voiced oaths were heard on every side, and recklessness reigned supreme.

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HISTORY OF SANTA CLARA COUNTY, CALIFORNIA.

On Saturday, December 15, 1849, the first Legislature of the State met in San José. The upper floor of the State House was occupied by the Assembly and comprised but one room which was reached by means of a stairway ; the lower story was partitioned off into four apartments, the larg- est one, forty by twenty feet, being appropriated to the Senate; the remain- ing three were used by committees and the Secretary. The building was sixty feet long, forty wide, and was protected by a veranda all round. It stood on the east side of Market square, on the south half of lot No. six, block one, range one, south of the base line, and was destroyed by fire on Friday, April 29, 1853.

At this period the Garden City boasted of only two hostelries ; one stood where now is built the handsome pile of buildings on First, between Santa Clara and St. John streets, know as Martin's Block. It was a frame build- ing one and a half stories high and went by the name of the City Hotel. Here the guest for the comparatively trifling sum of five dollars was well fed, vegetables being the only scarce commodity; but as much cannot be said for the sleeping accommodation, the beds being for the most part tenanted by odious, odorous and irritating animalculæ. Happily perhaps there were insufficient bed-chamber equipments for all the guests, the greater portion of them being obliged to content themselves with tables, chairs and floor, and at no reduction in price.

Two dollars was the price of a dinner, and the same amount was charged for a good bed for a night's lodging; while a cot or bunk might be obtained for half that sum. Eggs were worth fifty cents each, vegetables of all kinds except potatoes, were scarce and dear, and a very mneagre lot of onions could be had at half a dollar apiece. The bill of fare was balanced between beef and mutton, or both, though occasionally game was had, or a chicken cooked that had, from appearances, walked to his death.

Late in 1849 the Mansion House was commenced on the site of the Music Hall on First street and was ready for occupation in February, 1850. The chief material used in its walls was adobe, and it cost Joseph S. Ruckle the immense sum of one hundred thousand dollars. It was two stories in height, with a piazza in front and a wing in the rear used as the dining-room, in which a good table was "set " considering the difficulties attending catering in those days. The most noted arrangement in the building, however, was an immense fire-place, its size causing it to be a topic of conversation among travelers. Could these gigantic andirons talk what a tale they might relate ! The ponderous log now resting on them, is crackling in unison with many a joyous joke and ribald song ; behind lies a dark speck harmonizing with the dreary thoughts of yon broken-down man. As he gazes into the dancing flame his life passes in review before his eyes; first the mother's joy, then her hope, and afterwards her main-stay. Suddenly he is led captive by the

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seductive cry that comes from the Pacific shores and echoes back from the rocks on the Atlantic coast, "there is red gold for the winning." Amid the entreaties of home, the wail of a mother's heart went up and begged of him to stay; but no, in a few years at most a fortune will be made, there will be enough for all, and what has been the result: hard work, bad luck, ill health, and lost hope. But these are not the only ones near that crackling log. Here is the man with rakish air, who spends his dust with that air of " easy come, easy go," who, when his back is turned, is forgotten by his erst awhile boon companions; there is he, the father of a family, who has left a loving wife and children in a little home in some Eastern State, who toils with unceasing vigor to reach the goal which will take him back to those he loves, with sufficient for them and others besides-long his cherished desire; and so passes by this panorama of human life, each having their own thoughts, good, bad and indifferent, and still the boisterous jest and royster- ing song goes on, and still the sparks fly from the burning log, and hour gives way to hour and dark to dawn.

1850 .- Let us now return to what may be gleaned from the official records of the city for the year 1850.

On January 10th a Common Council, consisting of J. D. Hoppe, Isaac Branham, Peter Davidson, R. M. May, and Charles White, was elected, with John H. Moore as Clerk, and on the 15th, R. C. Keys as Marshal; the appointments of the last-named two officers, however, would appear to have been informa!, for we find on the 23d, an ordinance was passed requiring the Ayuntamiento to elect the following officers and declaring their duties: Marshal, Treasurer and Clerk, the salary of the first mentioned being fixed at one hundred and fifty dollars per month. February 11th, Marshal Keys resigned, when E. J. Curtis was appointed in his stead; while about this time the following curious document illustrative of the paternal care of the Alcalde's office was issued: " WHEREAS, it has been represented to me that an individual named José Maria Edward is living in a constant state of intoxi- cation, to the utter neglect of his goods and effects, which lie exposed to the street ; and the same being proven to the satisfaction of this Court, it has thought fit to order that an inventory of the same be taken, and stored in some safe place, until said J. M. Edward recovers his mind, and be able to conduct the business properly, and which has been done this day, the goods being deposited with - until such time as the owner and debtor from San Francisco appears."

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History of Santa Clara County, California : including its geography, geology, topography, climatography and description, Part 38

Author: Munro-Fraser, J. P Publication date: 1881 Publisher: San Francisco : Alley, Bowen, & Co. Number of Pages: 894

Author: Munro-Fraser, J. P
Publication date: 1881
Publisher: San Francisco : Alley, Bowen, & Co.
Number of Pages: 894