History of Santa Clara County California with biographical sketches, Part 4

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

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Early Government

The government of the native Californian was as primitive as the people. There were neither law books nor lawyers, while laws were mostly to be found in the traditions of the people. The head officer in each village or town was the alcalde, in whom was vested the judical function. On the enactment of a new law a manuscript copy, called the bando, was sent around by a person beating a snare drum. This was the signal for the assembling of the people at the alcalde's office where the act was read and forthwith had the force of law. When a native had cause for aetion against another he went to the alcalde, stated his case and asked that the defendant be sum- moned. On making his appearance the de- fendant was asked what he had to say about

the complaint. This brought about a wordy altercation between the two parties during which the alcalde was able to arrive at the facts. Sometimes judgment was immediately rendered, the trial not ocupying more than two hours. In important cases three "good men" would be called in to act as co-justices. A learned American judge has said that the native Californians were, in the presence of courts, eminently truthful. They were all Roman Catholics, and their priests were of the Franciscan order. They were great church-goers, yet Sunday was not the only day set apart for their devotions. Nearly every day in the calendar was devoted to the memory of some saint. Those dedicated to the principal ones were observed as holidays. The front door of their churches was always open and every person passing, whether on foot or on horseback, doffed his hat. Not to have done this was regarded as almost a crime. During the holding of services with- in the church it was customary to station a number of men without, who at appointed in- tervals interrupted the services by the ringing of bells and firing of pistols, creating a noise resembling the irregular fire of a company of infantry.

In every church was kept a number of pic- tures of the saints and a triumphal arch pro- fusely decorated with artificial flowers, while on a holiday devoted to some particular saint, after the performance of the mass, a picture of the saint deposited in the arch would be carried out of the church on the shoulders of four men, followed by the whole congregation in double file with a priest at the head. book in hand. The procession would march all around town and at every few rods the par- ticipants would kneel on the ground while the priest read a prayer or performed some religious ceremony. After the circuit of the town had been made, the procession returned to the church. With the termination of these ceremonies the natives gave themselves over to pleasure, engaging in horse racing, cock- fighting, dancing and other forms of merry- making. A favorite amusement of these fes- tivals was for thirty or forty men on horse- back, generally two and sometimes three on one horse, with their guitars, to parade the town, their horses capering and keeping time to the music which was accompanied with songs. Residences and places of business were visited and it wos considered no breach of decorum for the mounted men to ride into stores and dwellings.

Some of the religious ceremonies were gro- tesque and amusing. the personification of "The Wise Men of the East" being of this

HISTORY OF SANTA CLARA COUNTY

character. At the date agreed upon for the an- niversary of the visit of the Wise Men to Beth- lehem, seven or eight men would be found dressed in most fantastic styles and on their way to find the infant Savior. They went from house to house and were always accom- panied by one representing the devil and garbed like a Franciscan friar. He carried a rosary of beads and a cross and a long rawhide whip and woe to the man who came within reach of that whip-it was far from fun for him but very amusing to the rest of the company. The chief of these ceremonies was the punishment of Judas for the betrayal of his Master. On the reputed anniversary of this event, after the people had retired to rest a company would go out and prepare for the ceremonies. A cart was procured and placed in the public square in front of the church. Against the cart was placed an effigy of Judas made by stuffing an old suit of clothes with straw. The houses were then visited and a collection of pots, pans, kettles, dishes and farming implements was assembled and piled around the effigy to represent Judas' worldly effects. Then the last will and testament of Judas had to be prepared, the work being given to the best scribe and the greatest wit in the community. Every article of property had to be disposed of and something like an equal distribution made, each request being accompanied by some very pointed and witty reason for the donation. Among a more sen- sitive people some of these reasons would be regarded as libelous. The will, when com- pleted and properly attested, was posted on a bulletin board near the effigy and the night's work was over. As soon as it was sufficiently light the entire population, men, women and children, congregated to see Judas and his wealth and to hear, read and discuss the merits of the will and the appropriateness of its provisions. Nothing else was talked of, nothing else was thought of until the church bell summoned them to mass, after which a wild, unbroken mare was procured, on the back of which Judas was firmly strapped. A string of firecrackers was then tied to her tail, they were lighted, the animal was turned loose and the ultimate fate of the figurative Judas was not unlike that of his perfidious prototype.

The native Californians were a temperate people, intoxication being almost unknown, but there was one vice common to all, namely the passion of gambling. Their favorite game was monte, probably the first of all banking games. So passionately were they addicted to this that on a Sunday about the church, while the women were inside and the priest at the

altar, crowds of men would have their blan- kets spread upon the ground with their cards and money, playing monte. They seemed to have no idea that gambling was a sin. This predilection was early discovered by the Americans, who soon established banks and carried on games. The passion soon became so developed that the natives would bet and lose their horses and cattle, while to procure money to gratify this urge they would bor- row from the Americans, paying twelve and one half per cent interest per day ; and they would mortgage and sell land and stock, sometimes their wives' clothing, to obtain the wherewithal to play.

Before leaving these people mention should be made of their bull and bear fights. Sunday or some prominent holiday was generally chosen for the holding of these exhibitions, to prepare for which a large corral was erect- ed in the plaza in front of the church. In the afternoon after divine service, two or three good bulls (if a bull fight was in order) would be caught and driven into the enclos- ure. If there is anything that will make a bull furious it is the sight of a red blanket. Sur- rounded by the entire population, the fighters would enter the arena, each with a red blan- ket in one hand and a knife in the other. They would flaunt the blankets before the infuriat- ed beasts, with knives ready for defense or as- sault. A bull would dash at its enemy, who with a dexterous side spring would evade the onslaught, allowing the animal to strike the blanket and permit a quick slash with the knife. Whoever by his quickness could stick a knife into a bull's neck, severing the spinal cord, received the plaudits of the admiring throng. The interest taken in these exhibi- tions was intense. The killing or wounding of a bull-fighter only added zest to the sport.

When a grizzly bear could be procured the fight was then between bull and bear. Both were taken into the corral, each being made fast to the opposite end of a rope of sufficient length to permit free action and then left alone. The first move was usually made by the bull in an attempt to part company with the bear, who, as a result, received the first "knock down." On finding that he could not get clear of bruin, the bull then charged, but was met half-way. The fight was intensely interesting to the spectators, and was kept up until one or the other was killed, or both refused to continue the combat. As a rule the bull was victorious. This custom of bull and bear fighting was continued until 1854 when the Legislature interposed by an "Act to prevent noisy and barbarous amusements on the Sabbath."

HISTORY OF SANTA CLARA COUNTY

The late Judge R. F. Peckham, one of the pioneer lawyers of Santa Clara County, often narrated the following incident in regard to this Legislative act. Shortly after it became a law great preparations were made for having a bull-fight, on the Sabbath as usual, at the old Mission of San Juan Bautista at the southern end of the Santa Clara Valley. The promot- ers were notified by the officers of the exis- tence of the new law and told that they must desist from the undertaking. Dr. Wiggins, a mission pioneer of 1842, was then residing at San Juan. He spoke Spanish fluently and was looked upon by the native Californians as a good friend. He never smiled nor appeared to jest, yet he was one of the greatest of the tale-tellers, jokers and punsters on the Pacific slope. In their perplexity over the new law, the Californians took counsel with the Doctor. He examined the title of the act with great seriousness and wisdom. "Go on with your fight," was the Doctor's advice, "they can do nothing with you. This is an Act to prevent noisy and barbarous amusements on the Sab- bath. If they arrest you there will be a trial by jury of Americans. To convict, the pro- secution must find three things, first that a bull fight is noisy. This they will find against you. Second, that it is barbarous. This also they will find against you, but an American jury will never find that it is an amusement of Christ's time. Go on with your bull fights." They did go on and were arrested to find that the Doctor had been jesting. They were sentenced, each to pay a fine, and this was the last of the bull-fights in Cali- fornia.

First American Settlers

The first enumeration of the inhabitants of the pueblo of San Jose was taken in 1831 and showed 166 men, 145 women, 103 boys and 110 girls, making a total of 524. Overland travel to California did not commence until the forties. The first foreigner to locate in this valley was John Gilroy, who was a sailor on board a vessel belonging to the Hudson Bay Company that touched at Monterey in 1814. lle was a Scotchman and the causes for his abandoning his ship are differently stated. One report was that he had a quarrel with one of the officers and deserted, while it is just as positively stated that he had a severe attack of scurvy and was left on shore to be cured. However that might have been it is well authenticated that in the same year, he found his way into the Santa Clara Valley, locating at San Ysidro, afterward named Gilroy. He was hospitably entertained and finally married into the wealthy family of the Ortegas. He

was a man of great force of character and accumulated a large property in lands and cattle but died poor in 1869.

In 1818 there came to San Jose a man whose name is historie in this community, Don Antonio Sunol. He was a native of Bar- celona, Spain, but had served in the French navy under the First Empire. He was an officer of distinction and was present when Napoleon surrendered after Waterloo. He then sought the New World and settled in Santa Clara Valley where he achieved dis- tinction, wealth and respect. He died in San Jose in 1865.

The first citizen of the United States to set- tle in Santa Clara Valley was Philip Doak. He was a block and tackle maker employed on a whaling vessel. Leaving salt water at Monterey in 1822 he journeyed northward to settle near Gilroy. His home was on the ranch of Mariano Castro, one of whose daughters he afterward married. Matthew Fellom came to the valley the same year and located near San Ysidro, or old Gilroy as it was afterward called. Fellom was a Dane and like Doak was a whaler. He left his vessel at one of the northern ports and made his way overland to the Santa Clara Valley. He died in 1873.

These are the only foreigners, of which there is record, who were living in the valley up to 1830, if William Willis, an Englishman, is excepted. He was known to be in the pueblo in 1828, but his subsequent history is not known. It has been estimated that in 1830 there were not more than 100 foreigners in the whole of California. John Burton came to San Jose in 1830. He was afterward al- calde of the pueblo. Harry Bee, who died in San Jose in 1897 as the oldest pioneer in the county, came to the Valley in 1833. He had been in the state seven years, having landed at Monterey as an English sailor in 1827. He was born in 1808 and during the Mexican WVar acted as scout and courier for Commo- dore Sloat. In the same year came William Gulnac, James Alexander Forbes, James Weekes, Nicolas Dodero, John Price, Willianı Smith, George Ferguson, Thomas Pepper, a man called "Blind Tom," William Welsh, Charles Brown and "Moche Dan." Thomas Brown and William Daily came in 1834. Of these several were prominent either in the early days or in the later history of California. Gulnae was for many years major domo at the Mission of San Jose in Alameda County. He married a daughter of the Cesenas. Forbes was vice-consul for Great Britain. Weekes served as Alcalde in 1847. In 1838 Henry Woods and Lawrence Carmichael arrived.

RMalker

HISTORY OF SANTA CLARA COUNTY

These people all came by vessel and chance decided their location. They affiliated with the Spanish population, in many cases marrying into their families, and adopting, to a great ex- tent, the Spanish customs and modes of living. Overland travel commenced about 1841. Even before this time settlements had been made in Oregon, and that country was much better known than California. For this reason, and because California was a foreign country, all the overland trains were pointed to Oregon. Some of these trains having reached the Sier- ras and hearing something of California, came here instead. In 1841 Josiah Belden, Charles M. Weber and Grove C. Cook came overland, as did Henry Pitts, Peter Springer, William Wiggins and James Rock. In 1843 Major S. J. Hensley, Julius Martin, Thomas J. Shadden and Winston Bennett made the trip across the plains. The advent of this party was an im- portant incident, as with it came three women, wives of Martin, Shadden and Bennett, the first foreign women to settle in this district. In 1844 came the Murphy party and Captain Stephens. The Murphy party consisted of Martin Murphy, Sr., his wife, five sons and two daughters; James Miller, afterwards an honored resident of Marin County; Dr. John Townsend and wife, Moses Schallenberger, father of Margaret Schallenberger McNaught, now State Commissioner of Education; Jo- seph Foster, Mr. Hitchcock and family; Thomas Hudson, Clemente Columbet and Martin Corcoran. Dr. Townsend and his wife died of cholera in 1850; and Martin Murphy, Sr., passed away in 1865. In 1845 Frank Lightston, J. Washburn, William O'Connor, W. C. Wilson, John Daubenbiss and James Stokes came to the county. In 1846 the ar- rivals were Isaac Branham, Jacob D. Hoppe, Charles White, Joseph Aram, Zachariah Jones, James F. Reed, George Donner and his two sisters; Arthur Caldwell, William Daniels, Samuel Young, A. A. Hecox, William Haun, William Fisher, Edward Pyle and their fam- ilies ; Wesley Hoover and John W. Whisman and wives; William and Thomas Campbell and their families; Peter Quincy and family ; Thomas Kell, Thomas West and four sons; John Snyder, S. R. Moultrie, William J. Parr, Joseph A. Lard, Mrs. W. H. Lowe, Mrs. E. Markham, L. C. Young, R. J. Young, M. D. Young, S. C. Young, Samuel Q. Broughton, R. F. Peckham, Z. Rochon, Joseph Stillwell, George Cross, Ramon S. Cesena, M. Hollo- way, Edward Johnson, Mrs. Martha J. Lewis and James Enright. Of course there were many more arrivals but their names cannot be obtained from the records and the personal recollections of the pioneers who are living at the present time.

The Donner Party

Nearly all the surviving members of the ill-fated Donner party located in San Jose and vicinity. The terrible experiences of that party are given in Tuthill's history of Califor- nia, from which we quote: "Of the overland emigration to California in 1846 about eighty wagons took a new route, from Fort Bridger around the south end of Great Salt Lake. The pioneers of the party arrived in good season over the mountains, but Mr. Reed's and Mr. Donner's companies opened a new route through the desert, lost a month's time by their explorations and reached the foot of the Truckee Pass, in the Sierras, on October 31, instead of the first as intended. The snow be- gan to fall two or three weeks earlier than usual that year and was already so piled up in the pass that they could not proceed. They attempted it repeatedly but were as often forced to return. One party built their cab- ins near Truckee, afterward Donner Lake, killed their cattle and went into winter quar- ters. The other (Donner's party), still be- lieved they could thread the pass and so failed to build their cabins before more snow came and buried their cattle alive. Of course they were soon destitute of food, for they could not tell where the cattle were buried and there was no hope of game on a desert so piled with snow that nothing without wings could move. The number of those who were thus storm- stayed at the very threshold of a land whose winters are one long spring, was eighty, of whom thirty were women and children. The Mr. Donner who had charge of one company was a native of Illinois, sixty years of age and a man of high respectability and abundant means. His wife was a woman of education and refinement and much younger than he.

"During November it snowed thirteen days; during December and January, eight days each. Much of the time the tops of the cab- ins were below the snow level. It was six weeks after the halt was made that a party of fifteen, including five women and two Indians, who acted as guides, set out on snow shoes to cross the mountains and give notice to the people of California settlements of the condi- tion of their friends. At first the snow was so light and feathery that even with snow shoes they sank nearly a foot at every step. On the second day they crossed the 'divide,' finding the snow at the summit twelve feet deep. Pushing forward with the courage of despair they made from four to eight miles a day.

"Within a week they were entirely out of provisions, and three of them, succumbing to cold, weariness and starvation, had died. Then a heavy snow storm came on which com-

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HISTORY OF SANTA CLARA COUNTY

pelled them to lie still, buried beneath their blankets under the snow for thirty-six hours. By evening of the tenth day three more had died and the living had been four days with- out food. The horrid alternative was accept- ed-they took flesh from the bones of their dead, remained in camp two days to dry it and then pushed on.

"On New Year's, the sixteenth day since leaving Truckee Lake, they were toiling up a steep mountain. Their feet were frozen. Every step was marked with blood. On the second of January their food again gave out. On the third day they had nothing to eat but the strings of their snow shoes. On the fourth the Indians deserted, suspicious that they might be sacrificed for food. On the fifth one of the party shot a deer and that day there was another death. Soon after three others died and every death served to prolong the exist- ence of the survivors. On the seventh all but one gave out, concluding that their wander- ings were useless. This one, guided by two friendly Indians dragged himself on until he reached a settlement on Bear River. By mid- night the settlers had found and were treating with all Christian kindness what remained of the little company that after a month of most terrible sufferings, had halted to die.

"The story that there were emigrants per- ishing on the other side of the snowy barrier ran swiftly down the Sacramento Valley to New Helvetia, and Captain Sutter, at his own expense, fitted out an expedition of men and of mules laden with provisions, to cross the mountains and relieve them. The story ran to San Francisco and the people, rallying in public meeting, raised $1500 and with it fitted out another expedition. The naval commandant of the port fitted out others.

"The first of the relief parties reached Truckee Lake on the nineteenth of February. Ten of the people in the nearest camp were clead. For four days those still alive had fed on bullocks' hides. At Donner's camp but one hide remained. The visitors left a small sup- ply of provisions with the twenty-nine whom they could not take with them and started back with the remainder. Four of the chil- dren they carried on their backs.

"Another of the relief parties reached the lake about the first of March. They at once started back with seventeen of the sufferers, but a heavy snow storm overtaking them, they left all, except three of the children, on the road. Another party went after those left on the way, found three of them dead and the rest sustaining life by eating the flesh of the dead.

"The last relief party reached Donner's camp late in April when the snows had melted

so much that the earth appeared in spots. The main cabin was empty, but some miles distant they found the last survivor of all lying on the cabin floor smoking a pipe. He was ferocious in aspect, savage and repulsive in manner. His camp kettle was over the fire and in it his meal of human flesh preparing. The stripped bones of his fellow sufferers lay around him. He re- fused to return with the party and only con- sented when he saw there was no escape. Mrs. Jacob Donner was the last to die. Her hus- band's body was found at his tent. Circum- stances led to the suspicion that the survivor had killed Mrs. Donner for the flesh and money, and when he was threatened with hanging he produced $500, which he had prob- ably appropriated from her store."

Many books have been written on the sub- ject, no two giving the same facts. One of the most interesting accounts is that of James F. Reed, who for years was one of the prominent and reputable citizens of San Jose. He left Springfield, Ill., in the middle of 1846 and was accompanied by George and Jacob Donner and their families. George Donner was elected captain. At Fort Bridger, William McCutch- en, wife and family joined the party. Leaving the fort they unfortunately took a new route, and had many vicissitudes, not the least being the loss of cattle. Other would-be set- tlers joined them before they reached Cali- fornia. The narrative now continues in Mr. Reed's own words:

"After crossing the desert it became known that some families had not enough provisions to carry them through. As a member of the company I advised them to make an estimate of the provisions on hand and what amount each family would need. After receiving the estimate I then suggested that if two gentle- men of the company would volunteer to go in advance to Sutter's Fort, near Sacramento, I would write a letter to the captain for the whole amount of provisions wanted, also stat- ing that I would become personally responsi- ble to him for the amount. I thought that from the generous character of Captain Sutter the provisions would be sent. Mr. McCutch- en came forward and said that if they would take care of his family he would go. This the company agreed to. Mr. Stanton, a single man, volunteered to go with Mccutchen if they would furnish him with a horse. Mc- Cutchen, having a horse and mule, generous- ly gave the mule. Taking blankets and pro- visions, the two men started for California. After their leaving us we traveled for weeks, none of us knowing how far we were from California and soon all became anxious to know what had become of Mccutchen and

HISTORY OF SANTA CLARA COUNTY

Stanton. It was now suggested that I go in advance to California and hurry up the sup- plies. This was agreed to and I started, tak- ing with me three days' provisions, expecting to kill game on the way. The Messrs. Don- ner were two days in advance of the party when I overtook them. With George Donner there was a young man named Walter Her- ren, who joined me. With all the economy I could use our provisions gave out in a few days, so I supplied our wants by shooting wild geese and other game. The day after I was joined by Herren I proposed, as I had the only horse, that he would ride half the time. The proposition was joyfully accepted. Soon no game was to be seen, hunger began to be felt and for days we traveled without hope or help. We reached the Sierra Nevada Mountains. I believed I could have made a stop here, hunted and found game. But as this would have de- layed our progress and success might not have rewarded my hunting efforts, I kept on. The second day before we found relief Harren wanted to kill the horse. I persuaded him from the deed, promising if relief did not come soon I would kill the horse myself. Soon afterward he became delirious. That afternoon I found a bean and gave it to him and then never was road examined more closely than this one. We found in all five beans. Her- ren's share was three of them. We camped that night in a patch of grass a short distance off the road. Next morning after traveling a few miles we saw some deserted wagons.

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History of Santa Clara County California with biographical sketches, Part 4

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