USA > California > Solano County > History of Solano County...and histories of its cities, towns...etc. > Part 15
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" At precisely ten o'clock the procession moved to the place of execution, accompanied by a large number of people. On arriving at the place, he ascended the scaffold, attended by the Rev. Messrs. Woodbridge and McDonald, Mr. Sheriff Shirley, and one of his deputies.
" The Sheriff immediately proceeded to read the warrant, and, upon its conclusion, informed the prisoner that he could then have an opportunity to say anything he might wish Whereupon, he stepped forward firmly, and in a clear, unbroken voice, spoke, substantially as follows :
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""' Gentlemen-This is a malicious murder ! James Morgan has perjured himself on the trial, not once, but fifteen or twenty times ! He is my mur- derer ! The homicide of Dunn, I am sure was justifiable ! I forgive Morgan. I am about to die like a man. I commit myself to God, and die on ami- cable terms with all men.'
" He then stepped forward on the drop; his arms and limbs were tied by the Sheriff, and the prayers of the Episcopal Church were read by the Rev. Mr. McDonald; at their conclusion, and at the given signal, the drop fell. To all appearances he died instantly ; and after one or two slight convulsive struggles, all was still.
" The execution was witnessed by about four hundred people, all of whom seemed deeply affected, and throughout the entire scene the most perfect decorum prevailed. Mr. Paul Shirley, the Sheriff, and Messrs. Estell and A. J. Bryant, Under and Deputy-Sheriffs, respectively, performed their re- spective duties in a highly satisfactory manner."
The following is a letter which Wells wrote while in Martinez jail at the time when suicide was contemplated by him :
" TO THE PUBLIC-Gentlemen : My life is a burden to me at this present time ; and being of a proud spirit, and the way that I have been so unjustly . dealt with, I have come to the conclusion to dispose of myself in the man- ner which you here observe. I think that I am in my rational mind, al- though sorely afflicted with my present position, together with the false heart and flattering tongue of James Morgan, has caused me to commit myself in the manner that I have, and to present my soul to Almighty God for forgiveness of the so-called unpardonable sin. My exposition on the 23rd of June, in the Court House, at Benicia, was the truth, and is my dying declaration. I die, knowing that he, James Morgan, has sworn to several malicious and absolute falsehoods knowingly ; but yet I forgive him. I hope that I leave this world on amicable terms with all mankind. After this publication let my name be ignored.
" Martinez Jail, July, 1856."
" BEVERLEY T. WELLS.
It may be interesting here to note that Sheriff Shirley is now Senator from Contra Costa county ; Under-Sheriff Estell is Under-Sheriff of Sacra- mento county ; and Deputy-Sheriff Bryant, the Mayor of San Francisco.
It should here be observed, that as early as 1854 a case of homicide occurred in the county, when Jonathan Cook was killed by a gun-shot from George K. Mann ; but, owing to the absconding of the culprit, with Sifford, an accomplice, the case was never brought to trial. The facts are these : Cook, it appeared, had missed a considerable amount of money, and charged Mann with the theft of it, which was indignantly denied ; while Cook was warned not to repeat such an accusation. He disregarded the warning ;
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angry words ensued, which was followed by the killing of Cook as above described. This deed was done in the presence of a Justice of the Peace, and others ; yet the prisoner escaped.
THE PEOPLE v. ROBERT B. McMILLAN .- This was a case of killing which occurred in Vacaville, whereby the defendant was indicted for the murder of John Parks, by reason of a dispute which took place through the alleged trespass of certain stock, the property of the defendant. The case was brought for trial before the District Court; but on September 30, 1859, the venue was changed to Yolo county, on motion of the attorney for the defendant.
THE PEOPLE V. PHILANDER ARNOLD .- The defendant was indicted and tried for feloniously killing one John M. Sweeney, at a certain corral in the township of Montezuma, in Solano county. The plea put in was that the homicide was in self-defense. The testimony, was, however, somewhat con- flicting as to the facts occurring at the time of the killing; or, at least, was claimed to be so by the defendant. The reason for the shooting would appear to have been, that a difficulty occurred on the 24th of August, 1859, between Philander Arnold and Sweeney, in the course of which the former discharged a double-barrelled shot-gun at the latter, the charge taking effeet in his thigh, causing Sweeney to fall forward, from the effects of which he died on August 27th. At the time of the charge of murder being brought against the defendant, the charge of aiding and abetting was preferred against Oscar D. Arnold, the son, who had brought the weapon to his father. The Court, in its instructions to the jury, took occasion to make the follow- ing logical remarks, which for foreible diction, cannot well be surpassed : " When you were being impanelled, certain of your number declared that they were strongly opposed to the infliction of capital punishment, but were not prepared to say that this opposition would preclude them from finding a verdict of guilty. I understood them to indicate only that as citizens- by vote and influence-they would endeavor to bring about such a change of legislative policy as would abrogate the death penalty, and substitute another punishment in its stead. This repugnance to taking part in a pro- ceeding which may result in depriving a human being of that life which we can never recall, is natural. I am not prepared to say that it is not highly proper ; at least, when it is not indulged in to such an extent as to cause us timidly to shrink from one of the duties which, as freemen, are imposed upon us as the means of preserving our liberties, among which, trial by jury, has ever been regarded as one of the most valuable of our privileges. I trust that, not only those of your number who are opposed to capital punishment, but all of the jurymen, have well considered the consequences to this defendant, of a verdict of murder in the first degree. Upon such verdict will follow an ignominious execution-the disgrace of an interesting
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family-and, whether or not, he be prepared for the awful separation-the dissolution of those mysterious bonds which unite the soul to its earthy tenement.
" Logically, it might be argued that the jury have nothing to do with all this ; that their task is simply to ascertain whether the prisoner at the bar be guilty or not guilty of the offense charged in the indictment. But it would be demanding too much of human nature, as it is constituted, to ask that these incidents shall be disregarded; nor do I think it desirable to require twelve rational men to shut their eyes to the consequences of their own acts. Accord them all due importance to these considerations. They can do no harm; while they operate to urge you on to a full and candid in- vestigation into the facts of this case. I would have you feel the weight of the responsibility imposed upon you. But I would also have you summon all the faculties of your mind-especially all your moral courage-that you may make yourselves equal to the responsibility. I would have you prove yourselves worthy of the position you occupy - worthy of the confidence reposed in you, not only by the prisoner and the Court, but also by the District Attorney, the representative of the People. Remember the evil consequences, if you permit a mistaken clemency to overwhelm the dictates of reason. Although they may not seem so distinctly visible and immediate, they are no less certain than those which flow from an error in the opposite direction. If, through your instrumentality, an innocent man should suffer, or a guilty man escape, you may not cast the fault upon the court, the counsel, or even upon the witnesses ; for you must say whether the latter are to be believed or not. You must endeavor in such case to satisfy your own violated consciences, and make peace with the offended God, in whose name you have sworn 'a true verdict to render, and true deliverance to make-according to the evidence.'"
After a full trial, the jury brought in a verdict of manslaughter.
THE PEOPLE v. JOSEPH ZAESCK. - The above case is another of those of trespass, with a resort to violence, to enforce what was thought to be right. It would appear that the defendant had ordered off Daniel Thompson, and his brother, Ole, the man killed by Zaesck, off certain grounds, situated on the Montezuma hills, and also refused to give up certain sheep, their prop- erty, which had strayed into the flock of one Ambrose, for whom defendant had been a herder. A dispute ensued, which resulted in the stabbing of Ole Thompson, by Zaesck, inflicting a wound, from the effects of which he died on the 14th day of November, 1861, the day succeeding the commis- sion of the crime. A verdict was rendered of guilty, on May 20, 1862, and he was finally sent to the State prison for four years.
THE PEOPLE V. MERRILL JAMES .- This was a case in which the defendant shot one Ashford Ashbrook, when at a dance at Mr. Fowler's in Green valley. James effected his escape, and has never been brought to trial.
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THE PEOPLE v. D. H. FITZPATRICK .- This was one more of those cases arising out of a trespass, where the use of firearms was resorted to by Fitz- patrick, to assert his rights, resulting in the shooting of one Croesdale, a squatter, on the Potrero Hills. The trial was had in due course, and on Saturday, May 21, 1864, defendant was sentenced to ten years in the State prison : but, after serving two years, through the indomitable perse- verance and energy of his wife, he was pardoned.
THE PEOPLE v. FRANK GRADY .- This was a cutting affair which occurred at the election polls at Bridgeport, on the 6th of September, 1865, in which a man named English was killed and two others fearfully wounded, while a third received two shots in his breast and shoulder from a pistol. The cir- cumstances attending the emeute are briefly these : About this time English aud his two sons, Charles and Perry, were cutting wood on land owned by Perry Durbin, and the latter restrained them by injunction, on account of which, it is supposed Charles English made complaint to the military authorities at Benicia and caused the arrest of Durbin, Ramsey, Lamoree, Stilts and others for rejoicing over the assassination of President Lincoln. While at the polls, as above stated, English and Durbin were conversing ; English gave the lie to Durbin ; Durbin made a motion as of drawing a weapon, whereupon Charles English drew his revolver and com- menced firing, two of the shots taking effect upon Durbin, hitting him in the left breast and shoulder. Durbin then drawing his knife, turned upon Charles, who, in attempting to escape, ran out of doo s, but stumbled and fell, and commenced cutting at his throat, presenting a most horrible sight. Perry English on seeing his brother in a critical position, ran to his assist- tance, but just as he reached the contending parties, Frank Grady drew his revolver and shot Perry just at back and under his right ear, killing him instantly. Grady mounted his horse and left for parts unknown. The father then went to the relief of his son Charles, when Durbin turned upon the old man, and stabbed him in the breast three times, making fearful wounds. Durbin and the elder English were brothers-in-law. In due course Grady was captured and twice tried, when on 19th September, 1866, he was acquitted.
THE PEOPLE v. WILLIAM WESTPHAL .- The facts of this case are: Two Prussians, Fritz Polzing and William Westphal, were engaged in hauling barley from Westphal's ranch, about five miles south-east of Denverton, to the residence of Polzing, and when near the latter place went to the house and informed Mrs. Westphal, half sister of Polzing, that he had fallen from the wagon, and had been killed by being run over. She at once repaired to the spot and found Polzing still living and able to raise upon his elbow and signify by motions that he wanted water. She at once started to procure
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the required beverage for the wounded man, when, after proceeding a short distance, on looking around, she saw Westphal strike Polzing three times upon the head with an axe, exclaiming "I will fix you out this time," and on again returning to the spot found life extinct. The defendant was found not guilty in the May term, 1866.
THE PEOPLE v. D. G. GORDON .- The particulars of this case are: The crime was committed at Vacaville by the killing of William Byron by David G. Gordon. It appears that Byron and Gordon had been on terms of enmity for some time, and during the day had been using severe language towards each other. Just before the occurrence Byron was playing billiards in a saloon with Antonio Do Santos, and was just preparing to make a play, when Gordon came in somewhat intoxicated. The latter approached Byron, put his arm around him, and the two talked for a little while apparently very amicably. They then shook hands, but as Gordon turned to go away Byron struck him with his cue, raising it to strike him again, when Gordon drew his pistol and shot Byron in the stomach. The latter then ran out of the back door and Gordon pursued him to the creek, firing at him four different times, each shot taking effect. Byron fell near the creek and ex- pired in a few moments. On 21st May, 1868, Gordon was convicted of manslaughter.
The record of crime of this man Gordon did not cease here, for he has since in the State of Missouri been found guilty of murder and sentenced to death, which was afterwards commuted to imprisonment for life.
THE PEOPLE v. JAMES CAMPBELL AND ANNIE ROBINSON .- This was a case of poisoning which took place on the 25th January, 1869, whereby Jabez Robinson lost his life by the administering of strychnia at the hands of the defendants. Campbell, who though only an accessory before the fact, was indicted and tried as a principal and convicted and sentenced to death. Against this judgment he appealed to the Supreme Court, on the grounds that the verdict was insufficient inasmuch that the jury had omitted to specify the degree of murder in their finding. This was held to be good in law by Judges Crockett, Rhodes, Temple and Wallace of the Supreme Court. Judgment was therefore reversed and the cause remanded for a new trial. This was appointed to take place on January 23, 1871, and one hundred persons were summoned for difficulty was expected in the selection of a jury. One, however, was impanelled, who brought in a verdict of not guilty.
THE PEOPLE V. PANCHO VALENCIA AND GUADALUPE VALENCIA .- The cir- cumstances attending this murder are briefly these: On the night of the 3d March, 1871, at seven o'clock, after the family of Joseph W. Hewitt had taken supper and retired to the parlor with some visitors, one of the family went to the door, in opening which she discovered two men crouch- ing low and approaching the house; finding they were observed they
L. B. higher
THE PLULIC BM96 .
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straightened up and coming towards her asked for "the man of the house." The little girl, Lizzie, who had gone to the door, went into the inner room and called her father, who came to the door; she followed him. Upon this one of the men asked Hewitt if they could stay there all night. Hewitt replied that in consequence of there being company in the house, and his barn having been burnt but a few weeks ago, he could not accommodate them, but informed them that they would be able to obtain the desired lodgings at the next ranch where there was a barn. The man who had questioned him at first, now asked him if he would mind coming out a little way and point out to them the direction. Hewitt complied and stepping off the porch walked down the yard a few paces, and while raising his hand to direct them, the larger of the two men-he who had spoken during the interview-drew a pistol and shot Hewitt who fell crying " I am murdered." The defendants were traced into Contra Costa county, arrested, brought home and put upon their trial for murder. Guadalupe was discharged, but Pencho was convicted and sentenced to death, said sentence having been carried out on November 24, 1871, making the second execution in Solano county.
THE PEOPLE v. JAMES MALLON .- A case of wife murder which occurred at Benicia on the evening of the 23d May, 1877, where the defendant came home drunk and beat his wife until death ensued. He was in due course arrested, tried and convicted of murder in the first degree, and on Septem- ber 25th, was sentenced to imprisonment for life.
THE PEOPLE v. JAMES LOWTHER .- On Sunday, June 16th, 1878, the town of Rio Vista was thrown into a high state of excitement by the killing of John Thompson by a stranger, and apparently in cold blood, without cause or provocation. The shooting occurred on Thompson's door step and in full view of his wife. The murderer gave himself up to the officers and was lodged in jail, and in due time tried. At the trial the following facts were developed : The murderer's name was James Lowther, a resident of San Francisco. He had a sister named Rebecca to whom it was alleged that Thompson had been engaged to be married at one time, and while so en- gaged to her had seduced her. It came to Lowther's ears that Thompson had made his boast of his seduction, whereupon Lowther took the steamer the following Sunday for Vallejo, thence by rail to Fairfield, thence in a 'sulky ' across the country to Rio Vista. Once there he inquired for Thompson and was shown his house. (Thompson was married to another woman and was living in his own house). Lowther went to the door, knocked, and Thompson came to the door. A very few words passed be- tween them when Lowther drew a revolver and shot Thompson, the ball taking effect in the region of the heart. Thompson lived but a few minutes. Lowther was tried twice for the murder, and both times the jury disagreed. He is at present out on bail.
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BENICIA.
The following interesting record of the township and city of Benicia has been most kindly furnished to us by S. C. Gray, Esq., an old pioneer of that city. We reproduce it, because a fuller and more concise record would be hard to find ; and we take this opportunity to thank the author for his kindness in extending to us the permission to allow it to form a no mean portion of the history of Solano county :
" RECOLLECTIONS OF BENICIA. A Lecture-By S. C. Gray.
From the Pacific Ocean, whose waters press the shores of California, along a coast line scarcely less than one thousand miles in extent, between the 117th and 124th parallels of W. longitude, and from the 32d to the 42d parallel of N. latitude, the main entrance into this great State for the ship- ping and commerce of all nations, is through the world-renowned "Golden Gate," the outlet for the waters contained within the Bay of San Francisco.
The striking features of the " Golden Gate " have been described again and again, by many writers ; and its praises will continue to be sounded so long as the soul of man is touched by those beauties of nature that are pre- sented to his appreciation through the medium of his sight.
As a counterpart, or, perhaps, a continuation of this charming " Golden Gate," may be regarded the less renowned but equally beautiful, " Straits of Carquinez," constituting the passage from the San Francisco and San Pablo bays into Suisun bay, that receptacle for all the interior waters of the State, which from the length and breadth of the Sacramento and San Joaquin valleys, have here descended to flow on their way to the sea through the deep and commodious channel of these Straits.
On account of their bold shores and beautiful outlines, the Straits have been likened to the Bosphorus, near Constantinople; and it may well be predicted, that in time when these hillsides have been subjected to the culture and adorned with the improvements of which they are susceptible, they will fairly rival that famous highway in attractiveness.
On the north side of these Straits, at a distance of twenty-eight miles from San Francisco, by the usual traveled route on steamer, but of not more than twenty-three miles north-eastwardly, in an air line, is situated the whilom city of Benicia, the scene of the reminiscences which are to be made the subject of this brief sketch. And what claim has Benicia, or its history, to our present consideration ?
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As we proceed, it is hoped that in due time this shall be made satisfact- orily to appear.
Occupying a site, acknowledged to be rarely equalled for its natural advantages, on account of its capacious, land-loeked harbor, having a great depth of water (not less than ten fathoms in mid-channel), its continuous water front for miles, the shores gently sloping up to the hills in the back- ground, thus affording a perfect natural system of drainage, its position as a center towards which the great lines of travel must necessarily converge, and of its picturesque surroundings, it early attracted the attention of ad- venturous travelers, a few of whom, at least, confidently believed it to be fitted by nature, and destined to become in time, a commercial city of very considerable importance.
For a time, within the present generation, this view seemed likely to be realized ; but that time has passed; and if it is to be renewed, it must be in the uncertain future, farther than the most gifted are permitted now to discern.
The panorama visible from the highest point within its limits, is one of surpassing beauty, such as few cities anywhere can boast, and needs but to be seen to be admired. From this point, which is easily reached, at the moderate elevation of 400 feet above the level of the bay, and distant but two miles from the water-front, may be seen, looking northward at a dist- ance of about 20 miles, the twin peaks of the Suisun mountains, which separate Napa valley from Suisun valley, with a glimpse of the Vaca mount- ains, distant about 30 miles ; N. E. the range of Green valley hills, which hide from view Suisun and the great valley of the Sacramento; eastward, the whole extent of Suisun bay, bounded by the Montezuma hills, 20 miles distant, with the white line of the Sierra Nevada rising in majesty, 100 miles beyond; S. E. the Black Diamond coal hills, and grand old Mount Diablo, which, though 20 miles distant, looks scarcely more than five, in all its full proportions, from base to summit, towering above the valley which bears its name; S., the village of Martinez, snugly embowered in its cosy shelter under the lee of its own wooded hills, with the great coast range of mountains stretching out beyond ; S. and S. S. W., the placid Straits of Car- quinez, hemmed in by the Contra Costa hills, which conceal from view the cities on the lower bay, but cannot prevent stern Mount Tamalpais from asserting itself prominently against the. south-western sky ; then westward the eye rests and lingers enchantedly on this second "Golden Gate " of the Straits, opening out into San Pablo Bay, of whose broad bosom the view is only limited by the distant hills of Marin county, some 25 miles away ; then W. N. W., the city of Vallejo and Mare Island Navy Yard, in the fore- ground, with the hills near Petaluma in the distance; and finally, in the N. W., the Sonoma mountains, and in the N. N. W., the Suscol hills, amid which, the view ends with Sulphur Spring mountain, some five miles dis-
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tant, as its most distinct and prominent object in that direction. In this panorama, which takes in a circuit of many hundreds of square miles, and a great variety of scenery the central object, spread out at your feet and skirting along the shore of the Straits, is the village of Benicia, resting as if in quiet and undisturbed repose, for no sound comes from its smooth streets, which are still comparatively in a state of nature, neither cobble- stones. nor basalt blocks, nor carbonized brick, nor any other patent pavement having, as yet, profaned them, the plank-road leading to the steamboat landing, alone furnishing the kind of music that responds to passing wheels. In close connection with the village, and flanking it on the east, looms up the Military Post, including Benicia Barracks, the Arsenal buildings and greatly embellished grounds, the magazine, hospital, store- houses, etc. These occupy the point fronting on Suisun bay, and overlook- ing Martinez on the opposite shore.
As early as in 1844, this peninsula had attracted the attention of our highly-esteemed fellow citizen, Señor Don M. G. Vallejo, a native of Mon- terey, who soon became the possessor of its territory, as is shown by the grant from the Mexican Government, (referred to in another part of this work.)
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