History of Santa Clara County California with biographical sketches, Part 16

Author: Sawyer, Eugene T
Publication date: 1922
Publisher: Los Angeles : Historic Record Co.
Number of Pages: 1934

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"A large and brilliant party was given by Hon. and Mrs. B. D. Murphy to introduce their daugher, Miss Mary, now Mrs. Ward Wright, into society. The interior of the Murphy home on South Third street was decorated with the rarest of flowers, inter- mingled with ribbons and smilax. The guests included all the young society people here and many from San Francisco.

Distinguished Visitors

"Among the notable social functions that have taken place here was the reception on the evening of May 13, 1901, in honor of Pre- sident and Mrs. William Mckinley and the members of the Cabinet. The Vendome Hotel never looked grander than in its decora- tion of banners, bunting flags, and electric lights on the exterior, and blossoms, shrubs, and palms, in the interior. The reception committee was composed of Hon. Charles J. Martin, mayor of this city, Hon. William G. Lorigan, Jackson Hatch, Hon. A. L. Rhodes, Dr. H. C. Brown, Hon. M. H. Hyland, S. F. Leib, O. A. Hale, James D. Miner, J. H. Henry, Major William G. Hawley, Dr. J. W. Davy, Hon. Delos C. Druffle, W. C. Andrews,

"Another social event was when Governor Nash of Ohio and the Congressional party of the same state were entertained on the twelfth. thirteenth, and fourteenth of May, 1901. First was given an Italian breakfast by E. E. Good- rich at his famous Quito Olive Ranch, when among the Santa Clara gentlemen present were: F. C. Ensign, C. M. Wooster, W. S. Clayton, Hon. M. H. Hyand, J. R. Lewis, E. McGuiness, Rev. H. Melville Tenney, Chief of Police James Kidward, and F. W. Crandall ; later at an informal reception at the Court House, when upwards of eight hundred people called to bid the distinguished guests welcome; and lastly at a dinner to the Gover- nor and party by Mr. and Mrs. S. F. Leib at their home on the Alameda.

"It has been the proud privilege of San Joseans at different times to welcome within the gates of their city the Chief Executives of the nation, among them being Hayes, Grant, Harrison, Mckinley, and Roosevelt. The last named President visited this valley on May 12, 1903. It was an ideal spring day ; the weather warm and clear ; the flowers, the fields, and the orchards looked their loveliest. Multitudes gathered to see and greet their Chief, who made several stops within the boundaries of the county, and at each place re- ceived a generous California welcome. The first was at Gilroy, where he made a short address, and the next was at San Jose. After addressing the thousands of men, women, and children assembled around the platform which had been erected for the occasion, and fitting- ly decorated with bunting, palms and flowers, he went for a drive, accompanied by a mount- ed escort of citizens, who included Clem R. Arques, Ralph W. Hersey, Sheriff R. J. Lang- ford, J. D. Radford, M. E. Dailey, Leo Archer, Colonel A. K. Whitton, Thomas McGeog- hegan, R. R. Syer, Arthur Langford, J. W.

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Gilkyson, W. S. Clayton, Joseph H. Rucker, William A. Bowden, C. H. Geldert, Henry Lion, and C. T. Crothers. Besides these there were a large number of carriages containing the members of the President's party, the reception committee, and the newspaper re- presentatives. The route was along the beau- tiful and well kept roads, and many were the pleasing incidents that occurred to heighten the pleasure of the distinguished guest. On Santa Clara Street the ruler of the United States halted to greet the pupils of Notre Dame College, who were stationed on the sidewalk, and to accept a bunch of magnifi- cent rosebuds presented on behalf of the school by one of San Jose's prettiest girls, Miss Bertrand Cauhape, daughter of Mr. and Mrs. Victor Cauhape. After passing along the famed Alameda, he was warmly greeted in Santa Clara by Rev. Robert E. Kenna, presi- dent of Santa Clara College, who with the faculty and students of this historic seat of learning, had gathered in front of the grand old mission cross, while hundreds of school children were congregated near by.

"The Committee that so successfully plan- ned and carried out the program which made the sojourn of the President so pleasant in- cluded : Judge A. L. Rhodes, A. Greeninger,

Major C. P. Braslan, James R. Lowe, J. S. Gage, C. W. Coe, J. W. Davy, H. Morton, J. E. Richards, A. H. Marten, Dr. Wm. Simp- son, I. Loeb, H. Center, Geo. W. Ryder, R. P. Keesling. S. Sampson, W. L. Woodrow, C. J. Cornell, T. A. Carroll, Gus Lion, John O'Keefe, L. E. Bontz, J. C. Hall, W. S. Rich- ards, H. J. Edwards, G. Peirano, S. N. Rucker, Rev. H. C. Meredith, T. S. Montgomery, John Corrotto, Frank Stock, J. A. Chase, Father Gleason, A. P. Lepesh, W. E. Graham, Paul Masson, George B. McKee, D. J. Gairaud, J. R. Welch, T. J. Stone, J. A. Belloli, Sr., Dr. A. M. Barker, Colonel Philo Hersey, T. J. Riley, H. Doerr, Jackson Hatch, W. C. An- drews, Sam Boring, A. S. Bacon, W. H. Jen- kines, W. G. Alexander, E. J. Bennett, S. B. Hunkins, J. E. Brooke, George Keffel, A. E. Shumate, Edgar Pomeroy, W. P. Lyon, A. C. Hubbard, J. H. Henry, Avery Porter, Dr. H. J. B. Wright, J. H. Campbell, H. Peckham, Patrick Murray, J. J. Cherrie, George N. Her- bert, Charles Kenyon, T. C. Barnett, T. W. Hobson, F. W. Moore, and J. R. Patton. The next day the presidential party was given a right royal greeting by President David Starr Jordan at the Leland Stanford Jr. University, and by the students and residents of Palo Alto and Mayfield."

CHAPTER VII.

Passing of the Old Landmarks of San Jose-The Fair Grounds, Live Oak Park and Prevost's Gardens-Stories of the Old Court House and the County Jail-Crimes and Tragedies of Those Days-Naglee, Hensley and Belden Residences.

The old landmarks of San Jose are fast dis- appearing. There are few, very few, of the old adobe houses of the '50s, '60s and '70s. The old pleasure resorts are gone, but in their places are spots better adapted to the large and rapidly growing population of the twen- tieth century. For years Agricultural Park, or the Fair Grounds, furnished entertainment for the farmer and the lover of speed perform- ance. It was here that General Grant, after his trip around the world, was treated to a running race against time by Occident, then the property of Senator Leland Stanford. The park was owned and managed by an agricul- tural society organized in 1854. The first of- ficers were: L. H. Bascom, president; J. F. Kennedy, vice-president; E. P. Reed, record- ing secretary; W. S. Letcher, corresponding secretary ; F. G. Appleton, treasurer ; and J.

B. Allen, Mr. Frost, James Houston, Joseph Aram, W. R. Bassham, Dr. Langhorne and Samuel Robinson, managers. No fair was held by this society, but in 1856 the State Ag- ricultural Fair gave an exhibition, at which Santa Clara County carried off the honors. Prior to establishing the Agricultural Society a horticultural society had been formed and the two interests were united in 1857 with the election of the following officers: president, William Daniels : vice-presidents, Coleman Younger and Joseph Aram; secretary, J. C. Cobb ; treasurer, R. G. Moody : directors, L. A. Gould and Louis Prevost. A fair was held in September and also one in 1858, but the difficulties attending these exhibitions made it evident that they could not be continued under the then system of management. The society had no funds, but was obliged to rely

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on voluntary contributions for its premium lists. After much discussion it was resolved to disincorporate. This action was taken and in March, 1859, there was procured the pas- sage of an act incorporating the organization under the name of the "Santa Clara Valley Agricultural Society" and from this date ran its legitimate history. The first officers under the charter were William Daniels, president ; Cary Peebels and Coleman Younger, vice-pre- sidents; C. B. Younger, secretary ; R. G. Moody, treasurer : Louis Prevost and H. H. Winchell, directors.

The Fair Grounds on the Alameda were purchased from Gen. H. M. Naglee, for $6,000 in 1859 and the work of improvement com- menced. The tract contained seventy-six acres. Trees were planted from 1872 to 1876 and the grand stand was erected in 1878. Now all was serene. The society held yearly fairs, paid expenses and the best horses on the coast competed at each exhibition. Up to 1880, the Society drew an annual appropria- tion of $2,000 from the state. In this year the Legislature passed an act dividing the state into agricultural districts, Santa Clara and San Mateo counties forming District No. 5. When this law went into effect it stopped all state aids to the county society. This aid was absolutely necessary as the proceeds of a fair would not be sufficient to pay good premiums and other necessary expenses.

The society did not want to change its old organization to one under the state law, for it might jeopardize the title to its real estate, which had become very valuable. The only way out of the difficulty seemed to be to or- ganize a new society under the state law and arrange with the old society for the use of its grounds. This was accordingly done and for several years fairs were held under the aus- pices of the Santa Clara and San Mateo Agri- cultural Association. The new society was formed from members of the old one. But soon fair interest waned and debts began to accumulate. Finally the directors of the old society sold the grounds and Agricultural Park ceased to be. In the hands of private parties the place was made one of the most attractive in the county. Fences were torn down, buildings were removed, and streets were laid out and paved. Then building lots were sold and today the tract shows scores and scores of pretty bungalows with streets and sidewalks in keeping with the highest metropolitan requirements. Not a trace of the old racing track remains.

Live Oak Park and Prevost's Gardens

In 1919 the last vestige of adornment of what was once San Jose's most popular plea-

sure resort disappeared. The last live oak tree in the unimproved section of old Live Oak Park was leveled and nothing but an ar- ray of unsightly stumps remain to show that once upon a time great, many-branched and spreading oaks furnished shade and beauty to one of the pride spots of the Garden City. Live Oak in its glory was a place of romance. Here, on moonlit nights of the early period," were heard the soothing strains of the Span- ish lover as he sang and played while his dark-eyed sweetheart raptly listened and soft- ly sighed. Here, at picnic and dance, the bands played and the great platform quivered beneath the feet of happy dancers. No rag- time, no jazz music in those times. Instead there were the old time mazurka, varso- vienne, schottische, waltz, lancers, money musk and plain quadrille, the last named given laughable variety by the go-as-you-please an- tics of the irrepressible "Tucker."

In the late '60s and throughout the seven- ties Live Oak was in the flower of popularity. Family picnics, moonlight dances, and outside excursions, mainly from San Francisco, fur- nished joyous divertissement for town and country. There were tables for eating, a large pool near the banks of the Guadalupe for boating and other aquatic sports, ice cream and other booths, and long, shady walks among the giant trees and along the banks of the peaceful arroyo. Don Antonio Sunol, one of the early Spanish settlers, was the owner of the park and after his death the Sainsevains took charge of the property. One of Don Antonio's grandsons is Paul Sainse- vain, the well-known surveyor and civil en- gineer.

The park, as originally used, extended on the north side from the Park Avenue bridge to Spencer Avenue and along Spencer Avenue, fifty varas deep to within 1371/2 feet of San Carlos Street. On the east the property ran southerly about 300 feet. The creek was the eastern boundary and south and east of the park were the extensive grounds of Louis Pre- vost. He was an enthusiastic gardener and to make his place the most attractive spot in the suburbs of San Jose, he imported from Europe the choicest flowers, bushes and fruit and ornamental trees. The place was known as Prevost's Gardens and was open to the pub- lic, while for years Prevost kept open house in the large mansion in the middle of the gar- clens. About forty years ago Prevost went into bankruptcy and his property was sold by the Sheriff, Robert Page, then of the real es- tate firm of Rucker & Page, becoming the owner of the mansion. A few years later it was sold to A. S. Williams, former banker, who still occupies it.

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Prevost lost considerable money in at- tempting to successfully establish a silk fac- tory. He was the pioneer of Central Califor- nia in this industry and while the factory was in operation products of his looms were ex- hibited and took prizes at the county fairs. The factory was located on Delmas Avenue near San Salvador Street, but the cocoons were raised on a platform above the roof of his mansion. The silk worms were imported and fed on mulberry leaves. Live Oak Park and its attractive neighbor, Prevost's Garden, were closed at about the same time. Now, where once live oaks flourished and choice flowers and shrubbery made beautiful over seven acres of ground, are seen up-to-date re- sidences and new streets.

The old Court House is now but a memory. It stood at the southeast corner of Second and San Fernando Streets. It was purchased from A. S. Caldwell for $4,000 and in Decem- ber, 1853, was officially declared to be the County Court House. The building was af- terwards known as the What Cheer House and stood until about forty years ago when it was torn down to make room for the two- story brick building now occupied by the Geo. B. McKee Company.

One of the sensational events of the early days was the street duel between Thomas Shore and S. J. Crosby. In 1858 Paul Shore was killed on Henry W. Seale's ranch, a short distance from Mayfield. He had squatted on a portion of the ranch land and thereon had erected a cabin. Thomas Seale, Henry's brother, believing that Shore had no legal right to occupy the land, resolved to eject him. One day he went to Shore's cabin for the purpose of carrying out his resolve. He was accompanied by Alexander Robb, a hired man. Shore was at home and a wordy dispute arose between the two men. While it was going on S. J. Crosby, a neighbor, and a friend of Seale, came up. He had borrowed a pistol from Seale some time before and had hunted up Seale, so he said, for the purpose of returning the weapon. Seale took the pistol and in the altercation that ensued Shore was shot and mortally wounded. The report was after- ward circulated that Crosby, who had wit- nessed the shooting, had set Seale's dog on the wounded man and had stood by urging the dog on until Shore had ceased to breathe. This report aroused a bitter feeling against Crosby. That evening Thomas Seale came to San Jose and delivered himself into the custody of Sheriff John M. Murphy, stating that he had killed a man in self-defense and desired a public investigation. The next day word came from Mayfield that the settlers were lay- ing plans to lynch Crosby. To prevent such

action Under-Sheriff John R. Wilson was in- structed to go down to Mayfield, arrest Cros- by and bring him to the County Jail. To le- galize the proceeding a complaint charging Crosby with being an accessory to the killing of Shore was made out and placed in Wilson's hand. The arrest was easily made. A prelim- inary examination followed and Crosby was discharged.

In March, 1859, Thomas Seale and Robb, the hired man, were placed on trial in the Third District Court, Judge Sam Bell McKee presiding. J. A. Moultrie, as district attorney, conducted the prosecution and William T. Wallace and C. T. Ryland appeared for the defendants. Crosby had been summoned as a witness and it was while the case was before the Court on Second Street, corner of San Fer- nando, that the second tragedy was staged. It was near the noon hour and Crosby was walking by Thomas Bodley's stable on San Fernando Street, between First and Second, when he was hailed from behind by Thomas Shore, the brother of Paul. Crosby turned and the duel opened. At the opening of the engagement Crosby received a mortal wound, but for a few minutes was able to keep on his feet and use his pistol. His firing was wild and none of the bullets reached his adversary. But one man, an innocent party, received his death wound. The man was L. Posey Fer- guson, a miner from Grass Valley, who had come to San Jose with a friend who was on his way to his Missouri home. Ferguson had entered the court room to listen to the pro- ceedings. When the duel outside opened, he said: "What does that mean?" and rushed for the door. He was standing on the steps when a bullet entered his breast. He stepped back a few paces, then sank on a bench and died in a short time. The coroner's jury found that the shot had been fired by Samuel J. Crosby.

When Crosby saw that he was at a disad- vantage, he staggered toward the Court House, but fell at Bodley's gate. It was claimed at the time that two or three persons, as well as Shore, shot at Crosby, who was on his knees, trying to cock his pistol, when there came the bullet that ended his life. The duel over, Thomas Shore mounted a horse and fled to the mountains. He was never prosecuted for the killing. The cases of Seale and Robb were transferred to Alameda. In each case a verdict of acquittal was rendered.

Another old landmark that has disappeared was the county jail, located at the southeast corner of Third and San Fernando Streets, not far from the Court House. The first county jail was located on the lot occupied by the old State House on Market Street, fronting

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HISTORY OF SANTA CLARA COUNTY

the Plaza, and was erected in the days of '49. In 1854 a contract was awarded to Marcus Williams for the erection of a jail building at the southeast corner of Second and San Fer- nando Streets. The price was to be $15,000 and R. B. Buckner was appointed to superin- tend the construction. The jail was complet- ed January 2, 1855. It was of brick, with iron cells, and was considered a remarkably secure place for the confinement of prisoners. It was used until 1871. When the new Court House on First Street, near St. James, was built, it was found necessary to have the county jail nearer to the court rooms and Levi Goodrich was directed to prepare plans and specifica- tions. The plans were submitted and adopted and during the next year (1870) the jail was completed and in use. The brick of the old jail was used in the new building. The old jail lot was sold for $5,850.

The killing of Jailer Martin Roohan at the old jail was preceded by a tragedy at the adobe house of Harry Bee. The date was Monday, July 30, 1860, at about four o'clock in the morning. There had been a night of festivity and during the merrymaking Felipe Hernandez, a desperate character, who had already been tried for one murder and though convicted by one jury was on a second trial found not guilty, entered and proceeded to make trouble. In a dispute over the owner- ship of a guitar, Hernandez shot and killed John Bee, the son of the host. On hearing the report of a pistol Harry Bee rushed into the room and in trying to intercept the flight of Hernandez was shot in the leg. Amputa- tion was afterward performed. Hernandez es- caped, but after some months was captured. tried and sentenced to death. The account of the murder of Roohan is taken from the Mercury of October 2, 1862.

"Felipe Hernandez, a prison confined in the county jail for murder and sentenced to be hanged on Friday last (Oct. 24th), performed on the preceding evening one of the most dar- ing deeds of desperation that it has ever fallen to our lot to record. Felipe is a native Mexi- can, about thirty years of age, rather fine look- ing, with a keen, piercing eye. He is about five feet eight inches in height, weighing not more than 150 pounds, but evidently possess- ing the strength and agility of a tiger. The jailer, Martin J. Roohan, was a large, power- fully built man, sixty-three years of age, pos- sessing immense strength and cool, unflinch- ing courage. He had had much experience in handling and managing desperadoes and had 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 Felipe occupied alone.

"On Friday morning (the 24th) while the sheriff was in our office attending to some business, his deputy, Mr. Chapman, came in and informed 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 effected 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 by all the ghastly evidences of a terrible struggle.

"In the other cells there were a number of prisoners confined for light 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 within. Roohan usually had some one of the prisoners to assist him in the domestic duties of the jail. At three o'clock on Thursday afternoon, as we learn from the testimony of the prisoners at the coroner's inquest, the jailer and his assistant brought in the dinner and placed it on the floor of the corridor near the cells. It was the custom to feed Felipe first. Mr. Roohan unlocked the door and bade his .. ttendant to pass in the food. The attendant passed into the cell. Felipe, who had freed his hands in some way, with the quickness of thought dashed the man aside, sprang upon and seized Roohan by the body, at the same time getting possession of a knife which the jailer wore in a belt at his waist. Then commenced the fear- ful 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 ter- ror to the end of the corridor. The jailer car- ried a revolver at 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, they seemed of no weight to him. He had wound them with cloth and strapped them to his limbs in a way as to be of as little inconvenience as pos- sible. With a knife in one hand at liberty and with the other firmly grasping the body of his

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victim, he was a match for anything human. He applied the knife first to the throat of his victini, inflicting frightful wounds. This brought Roohan to his knees. Struggling to his feet he put forth every effort to overpower his wily foe. But weakened by the blows al- ready inflicted he was unequal to the task. Felipe then stabbed him through the heart and into the lungs, killing him instantly. He then informed the other prisoners, not one of whom was armed, that if they gave any alarm they would share Roohan's fate, and they knew he would keep his pro- mise. The prisoners say he appeared per- fectly cool, both at the time of the mur- der and afterwards. 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 be- fore for stabbing a man at New Alameda. Felipe, after working half an hour, removed the irons and released the man, and they both together went into Roohan's private room, where they found files and old chisels neces- sary 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 two o'clock in the morning when the filing and hammering ceased. The desperadoes then made their escape, taking with them two revolvers and over $800, which Roohan was known to have had in his possession."

Felipe was a desperate, bloody minded man. He had been several times tried for capital crimes ; once for the killing of Carobine at Alviso, for which he received a sentence to state prison for life, but was pardoned out by Governor Weller. When sentenced to be hanged for the murder of John Bee he mani- fested supreme unconcern. But later he changed his tactics, successfully playing the penitent. The jailer frequenly found him on his knees, praying, and it was with difficulty that he was induced to partake of food. His cross was always before him and he prayed with a perseverance that would have done cre- dit to a saint. By this means he threw Roo- han off his guard. When the sheriff suggest- ed the propriety of having some one stay with him on the night preceding the execu- tion, Roohan declared that there was not the slightest necessity for such a precaution-all was serene and Felipe was as gentle as a kit- ten. As soon as the facts in the case became known to Sheriff Kennedy, every exertion to effect the capture of the murderer was made

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History of Santa Clara County California with biographical sketches, Part 16

Author: Sawyer, Eugene T Publication date: 1922 Publisher: Los Angeles : Historic Record Co. Number of Pages: 1934

Author: Sawyer, Eugene T
Publication date: 1922
Publisher: Los Angeles : Historic Record Co.
Number of Pages: 1934