USA > California > San Joaquin County > History of the State of California and biographical record of San Joaquin County; containing biographis of well-known citizens of the past and present. Volume I > Part 42
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It is not generally known that Captain Weber endeavored to make the peninsula the business section of the city. He believed it to be a fine lo- cation, as vessels could run up Miner channel and unload their cargoes at the back door of each business house. Under the existing condi- tions this was of no advantage to business men, for at that time the only bridge connecting the peninsula with Weber avenue was a narrow foot- bridge half-way between Eldorado and Hunter streets.
The residents of the peninsula thought it would be a good plan to have Eldorado street declared by the legislature the head of navigation, and then build a wagon-bridge across the channel. The merchants on the levee and on Hunter street objected to this, for they declared it would hurt their business. Their idea was to dig out the channel to the last-named street and make that the head of navigation. The city election of May, 1852, was contested upon this issue, the two par- ties being known as the "bridgers" and "ditch- ers," the former party nominating M. B. Kenny for mayor, and the latter Dr. Charles Grattan. The "bridgers" won the fight by a vote of five hundred ten to three hundred fifty-one. The leg- islature declared Eldorado street the head of
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navigation, and the council built a bridge across the channel at a cost of $60,000.
The slough property then reverted to Captain Weber, and during his life it advanced to a val- uation of $60,000, he offering at any time to deed it to the city for any public purpose, a market- place, a fine hall, a pavilion, or a first-class hotel. After his death, in May, 1884, the property was sold by his heirs to A. W. Cowell. Later a com- pany of Stockton citizens bought the site, and it is now the location of Hotel Stockton.
Two years previous to this incident, an un- successful effort was made to "boom" South Stockton, as the advertisement called the Mor- mon channel district. In March, 1850, several merchants, among them Emil Junge, Loring & Co., and Captain Younge, removed three of their store ships loaded with goods from Stockton to the channel, and this movement created great excitement in business circles. In one day every vacant lot throughout the whole extent of Center
street was eagerly bought up. Altogether some seven hundred lots were taken up in the town and sold from $4,000 to $6,000 each. Weber made a half million of dollars by the transaction. The speculators declared that Mormon channel was the place to do business. The land was high and dry, it was the nearest point to French Camp, and vessels drawing ten feet of water could an- chor at Center street. Captain Younge had re- fused $6,500 for his store ship, as it was his pur- pose "to give it to the town gratis on condition that it be used as a court house." It was a lib- eral offer, as the county was paying $300 a month for a small room in the McNish building.
The merchants tried persistently to divert busi- ness to that section, and from their own pockets · constructed a bridge across Mormon channel, for the accommodation of teamsters, at a cost of $4,600. This bridge was in use until 1862, when it was swept away by the great flood of that year.
CHAPTER III. VIOLATION OF LAW.
H UMAN life is nowhere so cheap as in a new country, and this was especially true of California during the first decade be- cause of the large number of criminals of every description that flocked to the coast, and the fail- ure of the court officials to punish the guilty, more especially if the offenders "had friends at ·court."
The gambling class seemed to be exempt from all law, and frequently they would ride their mus- tangs rapidly through the streets, whooping, yelling, and recklessly firing their revolvers in the air, at dogs or buildings. In their night ca- rousals they would enter a restaurant, generally that of a foreigner, and demand a meal, the best in the house, then would leave the place without paying. The owner considered himself fortunate if they did not break all his dishes. Their favor- ite resorts were the saloons, and there they would "liquor up" and occasionally take a shot at a bot- tle, a picture, or the ceiling. The result of one
of their rambling shots was seen the following morning. The Times, February 22, 1851, gives the record: "Died, Mr. Edwin Hoss, twenty- six years of age. He was asleep in an upper room and the pistol was discharged in the room beneath, the ball passing through the floor, then through several blankets, and through the body. causing instant death." The party guilty of this crime was not even arrested, and the murder was quietly passed over.
These gamblers, many of them desperadoes. were the terror of the peaceful, law-abiding cit- izens, and nearly all of them died "with their boots on," hung by mob law, or killed in some quarrel. Judge Lynch was supreme for a few months, and it is related that three horse thieves were hanged together in the eastern part of the town. Jacob Grundike states that on his arrival in 1849, about the first event that he remembers was a man hanging from the branch of a tree near Main and Stanislaus streets.
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The first legal execution was that of George Baker, a young man twenty-two years of age, for killing with a knife a man named Corney. Baker, alias "Mickey," had been carousing and drinking heavily on the evening of October 16, 1850, and while staggering along, some one pushed him off the sidewalk. Baker drew a knife and stabbed him, Corney dying the following day. The citizens were highly incensed, for but a few months previous another young man, Joe Mol- iere, had killed a person, he being paid to com- mit the murder. Because of his age, only fifteen years, the jury acquitted him, but the citizens were now determined that this murder should not go unpunished. "Mickey" was tried and con- victed, the judge sentencing him to be hanged March 29, 1851. A scaffold was erected on Washington street near Commerce, and Baker, accompanied by his spiritual adviser, Rev. James Woods, was taken from the jail to the gallows, seated on his own coffin. Over eight hundred persons were awaiting the execution, and Baker, confessing his crime, kindly thanked his attor- neys, Terry and Perley, who had defended him without cost. A few minutes later his life was ended.
A few days after the execution the scaffold was again used for the purpose of extorting a confession from a supposed horse thief. The principal actor was the noted gambler, William Owens, one of Stockton's prominent citizens. He had a white pony which he highly prized, and which was stolen while he was in Sonora. A few days later he received information from William F. Brown, Adams & Company's express agent, that caused the arrest of James Wilson, alias "Mountain Jim." Owens and his friends took Wilson to the scaffold for the purpose of forcing from him a confession and the rendezvous of his companions. Under the sweating process he re- fused to divulge the secret, Then, stripping him to the waist, his persecutors severely whipped him. Still he would not confess. They then placed the rope around his neck, and pulled the unfortunate man from the ground until he was nearly strangled. After the second choking, Wilson promised to show the party the camp of his companions, and leading them to a clump
of bushes near the corner of Park and Sutter streets, Owens found not only his pony, but sev- eral others that had been stolen from John S. Baker, a Sacramento brewer. In the camp they found four men, Jerome Boland, Jasper Cochran, Frederick Salkman and James Neill. Boland confessed after they had been whipped that they were horse thieves.
The men were imprisoned, and the following Monday were given a preliminary trial, and as the evidence proved the guilt of the prisoners, Owens, addressing the court, suggested that the men be taken out and hanged. Dr. McLean said "Aye," and by what was evidently a prearranged plan of Owens' sympathizers, the court officials were overpowered. Revolvers and knives were instantly drawn, and the recorder, the marshal, and his deputies were seized and held. The mob, jumping over tables and overturning chairs, then tried to take possession of the prisoners, but Bo- land, who was a large, powerful man, fought his. way to the door. Jumping out, he ran with all speed toward the levee, followed by Owens, who captured him after firing four shots. As they came in sight of the jail, the infuriated rabble cried, "Hang him! Hang him!" Dr. Ashe, the sheriff, stood upon the stairway and threatened to shoot any one who attempted to interfere with the law, but the crowd almost tore Boland's clothes from his back in the effort to wrest him away. In the following month the men were tried in the court of sessions before Judge O. C. Emmons. Neill was acquitted, Boland and Coch- ran sent to the penitentiary, and Wilson and Salkman sentenced to be hanged November 28, 1851, by virtue of a law passed by the legisla- ture and repealed the following year, which made horse stealing punishable by death. At the ap- pointed time the men were taken to the gallows, about three o'clock. A large crowd, including many women, preceded them. Salkman, smoking a cigar, stepped lightly upon the trap, exclaiming, "I'll take my position upon the right hand, as. a good soldier should." He alluded to his ser- vice as a private in the Mexican war. Both men made short speeches, and as Deputy Sheriff Blount was about to spring the trap, Salkman
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said to the women in a loud voice: "Here we go, Marshal Clark administered the lashes effective- gals."
Death for horse stealing was a severe penalty, but harsh laws were a necessity, "for," said the Press. in '51, "the country is overrun by horse thieves. The crime is becoming one of great magnitude and the thieves when caught should be lynched on the spot unless a court of justice be near by." Captain Weber had hundreds of horses, among them some splendid saddle ani- mals. Going to his stable one morning, he found that one of his best horses had been stolen. Sad- dling another animal, he started out to find the thief, and after a few hours ride came upon him cooking his breakfast over a camp fire, with his horse picketed by the roadside. Weber immedi- ately shot and killed the criminal, and tying the body across the saddle, brought the corpse into town.
In 1856 an early riser discovered a tall, well- formed Mexican lying dead upon the sidewalk near the corner of Weber avenue and California street, with two bullet wounds in his body. No one knew when or how he had been killed, but upon inquiry Thomas Marshall stated that at · about two o'clock that morning, hearing a noise in his stable, he went out, and saw a tall man leading out one of his horses. He began firing and the man leaped the fence and ran along Cali- fornia street. Two bullets had taken effect, yet the fellow ran nearly half a mile before he suc- cumbed. When the citizens learned why the Mexican had been killed, they praised Marshall for his action, for they despised the "greasers," as they called them, many of whom were inveter- ate horse thieves. Joaquin Murietta, Three- Fingered Jack and others were then committing depredations in the southern mines. In the courts of justice the Mexican when arrested was some- times punished whether innocent or guilty. The following incident, taken from the Times, indi- cates that when guilty, the offender received no light punishment. "The case was tried before Judge B. G. Weir. Antonio Cruz, charged with stealing crockery from M. B. Kenny, was sen- tenced to receive thirty lashes, remain three months in jail, and pay the cost of the court.
ly."
General Riley advised the citizens to continue in force the Mexican system of law until such time as the state was organized. Under this sie. tem many curious incidents took place, and many corrupt practices were carried out. James R Reynolds, who succeeded George G. Belt as al calde, was the only lawyer in the county whio pos- sessed a law book, and as this was a Mexican code and Reynolds the only person who could read it, he read and expounded the law to suit himself. Reynolds was a hard drinker and an inveterate poker player, and had his office, con- sisting of an old table, a bed, pen and ink and his law book, on board one of the store ships. The old lawyer was a shrewd business man, and when Bob Collins, the proprietor of the Central Ex- change saloon, said to Reynolds, "Judge, you may move your office up to my saloon, rent free, and put your bed up in the attic," he immediately ac- cepted the offer, and there held court. Collins did a rushing business at the bar. Everything ran smoothly until one day Collins was the dle- fendant in a suit and then there was trouble. It seems that a young fellow deposited his coin in Collins' safe for security, and the latter refused to give it up when it was called for, Collins laughingly responding, "Why, 1 have no money belonging to you." As Collins persisted in this statement, the depositor began suit in Judge Rey- nold's court to recover the amount. Witnesses testified for and against the plaintiff. and the judge, stern and dignified, sat in an old arm chair upon a dry-goods box, calmly listening to the wrangling of the attorneys. As they could come to no agreement, it was suggested that the two contestants equally divide the money. "But I want my fee out of this," exclaimed David S. Terry. " And I shall have my fee," said Lawyer Perley, putting his hand to his pocket as if to draw a weapon. Immediately fifty or more revolv- ers and bowie knives were drawn, and during the excitement the judge exclaimed, stepping down from the dry-goods box to where the money lay. "The court must take care of itself." and sweep- ing all the money off the table into liis hat. he dismissed the case. The decision of the case did
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not suit Collins. He got all of Reynolds' money in a poker game, and then called upon the pre- fect, George D. Dickerson, to put the judge out of his saloon.
Judge Reynolds was succeeded by Benjamin Williams, who as alcalde and judge was the most corrupt official who ever sat upon the bench of San Joaquin county. Bright, crafty and un- scrupulous, when a prisoner was brought into ·court, he would ask of the officer, "Has the pris- oner any money?" If the person had money Will- iams would take it and dismiss the case, but if the prisoner had none, he was often severely pun- ished. Among the sporting element Williams had many friends, and they succeeded in electing him judge of the court of sessions. "There," as the Times expressed it, "his acts were devious, wayward and uncertain." Terry and Perley pre- ferred charges against him for receiving a bribe and changing the record, but they were unable to bring the case to trial, although they offered to take the witness stand, because the district attor- ney, equally corrupt, refused to press the charges.
Another case of bribery was that of Hairston Amyx, elected to be justice of the peace in March, 1850. In June a negro named Hall was arrested for stealing a piece of pie, and taken before Amyx, who bound the prisoner over for trial before the court of sessions, with bail fixed at $500. Another negro, named Miller, went se- curity for Hall and deposited $100 with Amyx. Hall departed for a healthier climate, and Amyx, learning this, told Miller he would have to pay the bail ; but, said the judge, "What will you give to get clear of the bond?" Miller replied, "The $100 you have and $50 more if you are success- ful." Amyx then intimated to the higher court that the Hall case had better be dismissed as friv- olous and unsupported by sufficient evidence to insure a conviction. The case was dismissed, and by some means the procedure came to the knowledge of J. E. Perley, who caused the arrest .of Amyx for receiving a bribe. The trial came up before Judge Creaner, and was one of the most notable of many years, for four of Cali- fornia's best attorneys were engaged. The jury brought in a verdict of guilty, but the Supreme
court reversed their decision, and that ended the matter.
One of the most cowardly assassinations in the annals of California was the shooting of William A. Brown, an express messenger for Adams & Co. between San Andreas and Stockton, by Will- iam L. Bowlin, a San Andreas employe of the same company. Bowlin had been on trial for embezzling the funds of the company, and as Brown had testified against him, resolved to seek revenge on the witness. He carefully planned the murder and his escape with a diplomat's skill, placing a relay of fast horses between Mariposa and Stockton. Brown, who was boarding at the City Hotel, kept by I. V. Lefler on the peninsula, came from his supper a little after six o'clock, crossing the narrow footbridge to the avenue. Bowlin was aware of this custom, and on the night of the murder, April 1, 1853, he rode into town, armed with a shotgun loaded with slugs, and dismounting at the bridge, calmly awaited the appearance of his victim, Calvin O'Neal, a son of Sheriff O'Neal, holding his horse.
As Brown reached the middle of the bridge Bowlin fired, and then quickly mounted the horse and rapidly rode out of town. Brown died the following day and so highly was he respected that over two thousand citizens followed the remains to the grave. A reward of $6,000 was offered by the state, the county, Masonic lodges and the cit- izens for the capture of the assassin. Posses were immediately organized to run down the mur- derer and a few days later a party led by Isaac Lyons discovered Bowlin in the hills near Mari- posa. As the men approached the hunted one called out, "I suppose I am the person you are after." As Lyons answered that he was, Bow- lin, laying down a knife and revolver, said, "Come and take me," and immediately swallowed a liquid poison. "He has taken poison," ex- claimed Lyons. "I have, I am desperate," was the reply, and reaching for his weapon Bowlin kept the posse at bay for a few minutes. When he was reached, he was dead.
Two months after this dramatic tragedy Stock- ton's last public execution took place. A young Mexican, Jose Barrillo, the murderer of Henry Janes, a white gambler, over a game of cards,
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was the doomed man. Near the appointed hour, June 3rd, the condemned murderer was placed in a wagon, seated in a chair; by his side stood Father Maurice, holding a small cross and repeat- ing the prayers for the dying. As the wagon, drawn by two horses, moved up Main street, it was guarded by about fifty horsemen, laughing, joking and smoking cigarettes, their mounts prancing with excitement. On arrival of the pro- cession at the oak tree at the corner of Main and Grant streets, the wagon was driven beneath a limb, and a noose was thrown around the Mex- ican's neck, the horses were started and the crim- inal was dragged from the wagon and suspended in the air till strangled. Then the executioners rode away, leaving the body to be cut down by the coroner. Eleven men were executed in this county, viz. : George Baker, May 9, 1851 ; James Wilson and Fred Salkman, November 29, the same year ; Jose Barrillo, June 3, 1853; Thomas Crawford and William Corson, February 14, 1860; Jacob T. Elyea, March 9, 1860; Charles Gidding, May 24, 1861 ; John K. Best, Septem- ber 6, 1870; John J. Murphy, April 25, 1873 ; and Uzza F. French, in March, 1885.
Late in the spring of 1851 the citizens were greatly alarmed because of the actions of the San Francisco vigilance committee in driving from the city the criminal class, fearing the "Sydney Ducks" would overrun Stockton. Calling a pub- lic meeting, resolutions were passed recommend- ing that a committee of safety be appointed and that severest punishment be meted out to crim- inals, consistent with law, however, but that no innocent blood be shed on any account. The city was divided into four wards for police purposes and one hundred seventy citizens volunteered to patrol the wards night and day; happily there was no cause for alarm, and in a few days all was quiet.
The rough handling of a "Sydney Duck" named Russell, the month previous, possibly warned the criminals that Stockton was a very unhealthy place for them. It will be remembered that the horse thief Wilson was found in Rus- sell's house and the mob decided that the har- boring of a criminal was deserving of punish- ment. Russell was arrested and they proceeded
to try him in accordance with lynch law. The court was organized and "Billy" Owens was ie- lected as the judge, Captain Chapman as sheriff and Captain Bell as prosecuting attorney. The prisoner was brought into court and informe ! by the judge that he was to be tried by the "mus- tang court" and what he had to say in his de fense must be said quickly. Russell then ad- mitted that he was keeping a house of ill-repute but did not know that he and liis wife were liar- boring criminals or professional horse thieves, nor did he know why they should prefer his house to any other. At this stage of the pro ceedings the judge asked, "Has the jury been polled ?" Immediately a spectator exclaimed, "I reckon there is enough timber in me and us witli- out any polls and I move that Russell be ducked in the slough." The prisoner was immediately seized by the crowd and hurried to the channel. They threw him in, the water being about six feet deep, he swam out but was thrown in until nearly exhausted and would have drowned had not Sheriff Ashe appeared on the scene and res- cued him from the hands of the mob. As the sheriff's friends were engaged in the work they persuaded the officer to release Russell. The "mustang court" was again convened and the mock trial was continued. the jury rendering a verdict of guilty. The judge announced that the sentence decided upon was that the prisoner be severely whipped and be given sixteen hours in which to leave town. The sentence was exe- cuted and Russell at once left Stockton for the mountains.
The excitement of 1851 was as a rippling wave upon the shore compared with the storm-driven waves of 1856. The San Francisco vigilance committee was busy for the second "clean up" of criminals and the law and order party of that city were demanding that the law take its course. Each party had its Stockton friends. When the news came that James Casey had shot James King of William, the friends of the vigilantes called a meeting and declared. "Our whole com- munity has been deeply pained by the wanton assassination of the people's favorite, for we rec- ognize in James King of William, the icarless exposer of dishonest officials, bankers and poli-
18
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ticians" and they declared Casey "an unprin- cipled assassin, unworthy longer to pollute the face of the earth." King died the following day, March 20th. When the merchants heard the news they closed their places of business, flags were raised at half mast and the bells were tolled. A meeting was called at four o'clock to make ar- rangements for a mock funeral on the follow- ing day. At the appointed time, 12 o'clock, the citizens assembled at the Weber house, a pro- cession was formed of the fireman, Masons, Odd Fellows, Sons of Temperance, city and county officials and citizens. At the firing of the signal gun the procession began its march preceded by the Stockton cornet band (organized that year by Richard Condy) to the Stockton theater, where the exercises were held, Rev. James Fisher, of the Methodist church, South, deliver- ing the oration.
One month later the startling news came that the Supreme Court Justice, David S. Terry, in a street fight, had stabbed John Hopkins, one of the vigilance policemen, as he was about to ar- rest Rube Maloney. Terry attempted to pre- vent the arrest and exclaimed: "No man shall be arrested in my presence," and in the scuffle that took place a shot was fired. Terry immedi- ately drew a bowie knife from his left breast pocket and stabbed Hopkins in the back of the neck. He was arrested by an armed force from the committee headquarters and confined in "Fort Gunny Bags" awaiting the result of Hop- kins' wound. Some time prior to this affair Terry had deserted his political party and in 1855 joined the American or Know Nothing party and had stumped the state for them as their candidate for Supreme Court Justice and was elected.
Terry's friends in Stockton to the number of nearly five hundred sent a very lengthy address to the vigilance committee which was published July 25, requesting them to "immediately re- store to liberty the Honorable David S. Terry of the Supreme Court, so that, if charged with crime, he may have a public trial by an impartial and legally constituted jury." The address made no perceptible impression upon the Vigilantes, for the acts of "legally constituted juries" had compelled their organization. Hopkins recov-
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