USA > California > Alameda County > Past and present of Alameda County, California, Volume I > Part 21
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In April, 1859, a trial for murder against Thomas Seale before the third district court, at San Leandro, Judge McKee presiding, took place. He was indicted for the murder of Paul C. Shore. While the case was pending sev- eral other shooting affrays took place-all in Santa Clara county. The case was tried in Alameda county. The jury failed to agree on a verdict. After another trial the jury returned a verdict of not guilty.
In 1859, Miguel Marquis was tried for murder and a verdict of guilty was rendered. He was sentenced to be hanged on the 25th of November, but a new trial being granted, he was convicted of murder in the second degree and sent to prison for life. On December 2, 1859, Ventura Aipen stabbed to death Marcus Castillo, and was indicted at the January term . following. He was tried, found guilty of manslaughter, and sentenced to two years in prison. At the September term 1860 Ah Path was indicted for stabbing and cutting to death, in Oakland, How Sam. The slayer was tried, found guilty of murder, and sentenced to be hanged January 11, 1861. Meanwhile a motion for a new trial was made and denied. The case was then appealed to the supreme court which affirmed the judgment of the court below.
On November 19. 1860, Ramon Romero was indicted for murder, was tried; found guilty and sentenced to be executed on January 1, 1861. A new trial was granted and he was acquitted, November 22, 1861. At the January term, 1861, Edward W. Bonney was indicted for stabbing to death Augusto G. Hirsch. The case came to trial in July following, and a verdict of guilty of murder in the first degree was rendered. He was ultimately executed May 9, 1862.
In 1861 crime was rife throughout the county, especially in Murray town- ship where it frequently occurred that the worst miscreants escaped the clutches of the law. The sheriff being too great a distance to effectively interfere, lie therefore appointed James S. Kapp his deputy for that district-the initial step towards suppressing dawlessness in that out-of-the-way section of Alameda county. Owing to the amount of individual lawlessness, the grand jury were three days in getting through the business of the January term. They returned eleven indictments, embracing all the range of crime from manslaughter to petit larceny.
In November, 1863, a gang of Mexican desperadoes appeared at Alvarado, fired upon several citizens and then took to flight, but were promptly pursued Vol. [-11
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by the citizens and one of them was captured and hanged at the bridge over Alameda creek. In January, 1863, Judge Lent of the Alameda county court died in San Francisco after a long and painful illness. Noble Hamilton suc- ceeded him, Asa Walker and George Fleming being chosen associate justices by Mr. Hamilton.
Edward Tomkins came to Oakland to reside in 1863, and after a short time erected a cozy homestead on the banks of Lake Merritt. He was an able lawyer. His efforts to secure the removal of the county seat; his exertions in getting the splendid appropriations for the university; his advocacy of material inter- ests, which might benefit the county and the city were highly praiseworthy. His last crowning act was a munificent donation to the University of the State of California.
In January, 1864, the Mountain House conducted by Mr. Zimmerman was attacked and robbed by a gang of bandits. The only men present at the time were a Frenchman who was sick and a German. Through threats they obtained $100 of Mr. Zimmerman's money and a few dollars from the others. They were pursued and arrested in San Jose and brought to Alameda county, where they were tried, convicted and sentenced to fifteen years each in the penitentiary ; later the sentence of one of them was reduced to ten years.
In March, 1864, A. A. Moore was admitted to practice in the district court. Mr. Moore was the first law student from Alameda county to make such an application.
Harry N. Morse was county sheriff from 1864 to 1878. He assumed the duties at the age of twenty-eight years and at that time the entire eastern and southern portions of the county were overrun by Mexican horse thieves, high- waymen and cutthroats, among whom it was almost certain death for an Amer- ican to go. He went quietly among them learning their ways and haunts, form- ing their acquaintance, studying the ravines, canyons, passes and hills and was regarded with contempt by the lawbreakers. He was pale-faced and gentle, but had in reality splendid courage and a heart of oak. After he had become familiar with their habits his demeanor changed. He began to swoop down upon them like a hawk on a chicken at the most unexpected times and places. He appeared often in the very midst of their camps and fandangos, usually alone and single handed and snatched his man with unerring certainty from under the very noses of his companions. His success in killing the murderer Narrato Ponce in 1868 showed his nerve, determination and resources. Ponce had shot to death at Haywards a man named Joy with whom he had a quarrel at cards. The murder of Otto Lundonico in Sunol valley was followed by Morse in the same relentless fashion. He became convinced that Juan Soto and Bartalo Sepulveda were concerned in the murder, but for nearly four months he could get no trace of them. At last they were found in a cabin in Sausalito valley where Morse alone and single-handed, after his assistant had deserted him in the presence of several of the desperadoes, finally killed Soto after many shots had been fired by each by sending a rifle bullet through his skull after he had refused to surrender.
In 1864 Jose Piazarro was tried for the murder of Juan Andrada, found guilty of murder in the second degree, and was sentenced to imprisonment in the state prison for ten years. A Mexican was lynched at Alvarado on November
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23, 1863. A Frenchman named Cora was tried in 1866 for the murder of Sam- uel S. Kennedy at San Antonio (Brooklyn), was convicted and sentenced to three years imprisonment. On September 24, 1865, Jose Ruparda stabbed one Rosindo. The murderer was indicted, tried, found guilty of murder in the second degree, and sentenced to thirteen years imprisonment.
In 1865-66 Murray and Washington townships were infested by bands of horse and cattle thieves, stock poisoners, and incendiaries, and so incessant and daring were their depredations that a firm determination to put a stop to their maraudings was reached. To this end a meeting was held at Centerville, April 1, 1865, and a vigilance committee was formed. Thomas Scott was chosen president ; Dr. J. M. Selfridge, secretary; and William Tyson, treasurer. An executive committee of twelve members was also appointed. A reward of $500 for the conviction of the person who a short time previously poisoned a wheat field belonging to Mr. Ellsworth was offered by the committee. Edward Simpson, the owner of a store on the Stockton road, near Amador valley, was foully murdered by two men in 1866. Two men, one a black-whiskered man and the other without beard had stopped at Simpson's store and requested something to eat and a night's lodging, which was granted them. They were at once suspected. Every effort made to capture the assassins failed.
The grand jury which met in January, 1864, declared the county jail a public nuisance. The board of supervisors appealed to the Representatives of the Legislature to have a bill passed as soon as possible, authorizing the levy of a special tax for the erection of a county jail and making needed repairs to the courthouse. A contract was entered into with Messrs. Kittredge & Leavitt for the construction of an iron cell to cost $1,600 a work that was at once pro- ceeded with, reported complete, and paid for September 5, 1864. On May 23d a proposition to make the jail of the city of Oakland a branch of that of the county for the confinement of persons where the city was liable for the expenses of keeping, was received and referred to the district attorney.
On August 8, 1866, the police judge complained of the smallness of the emoluments of his office. The yield for the first three months was but $203, or about $68 dollars per month. The judge in his report says: "No one can complain of the amount of labor the duties require, but the office, in contempla- tion of law, having always to be open, necessarily confines the judge so closely that to do any other business is out of the question, unless he employ a clerk to take care of the office in his absence. You will at once perceive that the emolu- ments of this office are wholly insufficient to cover one's actual expenses." This subject having been referred to a committee of the council consisting of Barstow, Wilcox and Shattuck, they reported August 22d, that the act estab- lishing the police court contemplated the allowance of a sufficient additional sum out of the city treasury to make a reasonable salary. On August 29th his salary was fixed at $100 per month.
The Legislature in 1866 passed the following bills: An Act to establish a police court in the city of Oakland and define its jurisdiction; duties and fees of court and its officers ; to have a judge, clerk and seal; to have jurisdiction in petit larceny, assault and battery, breaches of the peace, violation of city ordi- nances, city taxes, sums of money less than $300, bonds, recovery of city prop- erty, license, etc., also an act in relation to the city courts of Oakland; the mayor
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no longer to exercise the power of a justice; the police judge should have power to hear cases for examination and could commit and hold offenders to bail also.
On October 3, 1867, a Chileno, named Narrato Ponce shot Lewis Joy in the left side, the ball passing through the lung and body and killing him. Sheriff Harry Morse kept a sharp lookout for the Chileno and finally learned that he was in the mountainous regions of Murray township at the back of Livermore valley. Officer Conway, of Oakland joined Sheriff Morse, and both proceeded to Dublin where, leaving their buggy, thence started on horseback for the place where the murderer was supposed to be concealed. The sheriff and Officer Conway took positions at a gate leading into a by-path, in the shadow of a hay-stack, to await the coming of their man. About half-past nine o'clock the murderer and a companion arrived. The officers had the gate tied so as to prevent his escape. The Chileno opened the gate, tied it, and came towards the officers. When he got within ten feet of Sheriff Morse the latter drew a shot- gun and order him to stop, which he refused to do, but turned his horse round quickly and started back, only to be met by Officer Conway, who leveled a six- shooter and commenced firing at him. Sheriff Morse discharged a load of buck- shot at the murderer, striking him in the back, but the Chileno drew his revolver and shot twice at Conway without effect. With the last shot fired by Conway, Ponce fell from his horse; but he was not so badly wounded as to prevent his running on foot along the fence. Conway had to go back to the hay-stack after his Henry rifle, which took him a little time, thus enabling the murderer to hide himself in the darkness. The officers hunted about for their quarry in the darkness until 2 o'clock in the morning, but could find no traces of him. When daylight came they made a further search, and employed eight or ten Mexicans to aid them, and finally discovered the Chileno's coat completely riddled with buck-shot and balls. Half a mile from where this garment was found his boots were picked up. The murderer's horse was wounded in the thigh, and was not worth bringing away. On the 7th of November Sheriff Morse received a letter from Sheriff Classen, of Contra Costa county, informing him that Ponce was in that vicinity. Morse promptly reached the rendezvous, and accompanied by Deputy Sheriff Swain started for Cisco. They learned that instead of being at Cisco, Ponce was concealed in Rigg's canon near Monte Diablo. Officer Conway, of Oakland, again accompanied Sheriff Morse from San Leandro, and at II o'clock at night the party arrived at Rigg's canyon. They at once surrounded the house where the murderer was supposed to be concealed and waited for break of day. When dawn came a thorough search failed to reveal Ponce and scouting parties sent to the hills brought no tidings save the discovery of his hiding-place. An old native informed then that Narrato's hiding-place at that particular time was near the bay, at Pinole. They went to San Francisco, where they took passage for Martinez and on the following morning started for Pinole. They searched all the houses through the valley as they went. Arriving at the house of Jose Rojos they saw a man on the mountain side with a bundle on one arm and a shotgun on the other. Conway and Swain went into the house with instructions to let no one out until Morse had ascertained who it was that was on the hill-side. When Sheriff Morse reached the hill he heard Swain cry out, "He's here," and directly there- after heard the report of a pistol shot. Morse immediately directed his horse
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to the house on a run, when he discovered Narrato Ponce running away, trying. to escape from the officers, who were shooting at him as rapidly as possible. A ravine intervening, Morse had to dismount. He immediately called upon the fugitive to stop and lay down his pistol, but the latter paid no attention and kept on running, endeavoring to make his escape. A shot from Conway struck him in the right hand, causing him to change his weapon to the other, with which he kept his pursuers covered. Finding that the villain was determined not to be taken alive, the sheriff concluded to finish the affair and therefore sent four shots from his Henry rifle after him, and all failing fired a fifth which ended his career. This case is given in full to show the desperate character of the villains of that time and the heroic determination of Morse and other officials.
The reward of $500 offered by Governor Low for the arrest and conviction of Narrato was hardly sufficient to compensate the officers for the expense, trouble and danger to which they were put in ridding the state of a desperado said to be the superior in criminality and cunning of the famous Joaquin Muri- etta. While scouting among the hills in search of Ponce, Sheriff Morse discov- ered an old offender named Antonio Martinez alias Jesus Torres, an ex-convict, who had been evading the officers for six months. When he was taken into custody he denied his identity to the sheriff, but when brought into the presence of Conway and Swain, whom he knew, he lost courage and confessed. On October 22, 1867, complaint was made in the police court that John Thomas, colored, as principal, and his wife Margaret, as accessory, had shot and killed officer R. B. Richardson, at the corner of Ninth and Castro streets. Thomas was arrested and hurried to the jail at San Leandro, as rumors of lynching were rife. The shooting was done with an old fashioned double barreled pistol. Officer Richardson had been a member of the police force of the city of Oakland for about three years.
In 1871 three men, among whom was a notorious Mexican named Juan Soto, with bandages over the lower part of their faces to disguise themselves, entered the store of Thomas Scott at Sunol and, paying no attention to the other inmates, attacked the clerk Otto Ludovisci and shot him, inflicting a wound from which he died shortly afterwards. The murderers being all well mounted escaped, but were pursued by Sheriff Morse. After a long chase and a desperate encounter he shot dead Soto. The entire party of desperadoes was afterwards captured, at their headquarters, close by, and among them was found the notorious cattle thief, Gonzales, who had escaped from the Santa Cruz prison only a short time previously. Soto was a large and powerful man, a complete type of the traditional Mexican bandit, with long, black hair, heavy, bushy eye- brows, large eyes of an undefined color, with altogether a tigerish aspect. He had served two terms in the state prison, and was generally regarded as the most formidable and desperate character living on this coast. He made one of the most desperate and daring fights on record. The sheriff secured his splendid black horse and his three formidable revolvers. Sheriff Morse distinguished him- self by one of the most daring and gallant acts that was ever performed in the history of detective work on the Pacific coast, and his own life was preserved only by the manifestation of astonishing self-possession and presence of mind. In March, 1873, Bartolo Sepulveda, against whom there had been a warrant out for two years, accusing him of being concerned in the murder of Ludovisci, came
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to San Leandro and delivered himself up to Sheriff Morse, demanding a trial to exonerate himself from the charge. He was duly indicted, twice tried, convicted and sentenced by Judge McKee to imprisonment for life.
Tomaso Rodendo, alias Procopio, a nephew of the celebrated Joaquin Muri- etta, was suspected of being connected with the murder of John Rains, in Los Angeles, in 1859. He escaped and came to Alameda county. In 1863 he was arrested for the murder of the Golden family in Alameda ; his accomplices were supposed to be Narcisco Borjorques and Celano Ortego. In attempting to arrest Borjorques, Sheriff Morse shot him off his horse, but he escaped to the bushes. Tomaso Rodendo was arrested in Alameda county for cattle stealing. When apprehended he shot the constable and got away, swimming the stream with his pistol in his mouth, persons shooting at him the while. He was subsequently captured and sent to the state prison for seven years, his time expiring in 1870. In 1873 Sebastian Flores killed Francisco Garcia near the house of Senor Higuerra, at the Warm Springs, Washington township. He was tried, convicted and sentenced to five years' imprisonment. In 1874, Thomas Thornton and Edward Edwards were sentenced to thirteen years' imprisonment in San Quentin for the robbery of W. J. Keating in Oakland. When being taken over the bay, Edwards made his escape.
Previous to 1870 the grand jury usually finished its labors in two days. District Attorney Nye traversed the whole county ; in 1867 he was elected county judge. In those days a lawyer's library consisted of Wood's Digest, Statutes, the Supreme Court Reports and a few text books.
In 1867 Henry Vrooman came to Oakland and at first worked at blacksmith- ing. He began the study of law in this city in 1872 and was admitted to the bar in 1874 and soon afterward became deputy district attorney for A. A. Moore. One of his first important cases was the Hurll liquor license suit and opposed to him was J. C. Martin, one of the best read lawyers of the state. In 1876 he became city attorney. While in this office he rendered his opinion that San Antonio creek was a public water highway and as such could not legally be obstructed by any private person or company. The property affected by this opinion was over 4,000 acres valued at $12,120,000. In 1877 he was elected district attorney. In this capacity he maintained his authority before the board of supervisors when they were on the point of allowing certain claims which he claimed they had no power to do; he said: "I am the law officer of this county and you are bound to take my advice upon a legal question. If you refuse to adopt my report and do allow those claims, I will lay the matter before the grand jury."
In 1868 the city employed John B. Felton, then very prominent in legal mat- ters, to look after the water front case. Instead of commencing suit against Mr. Carpentier he entered into negotiations with him and the railroad people to have the railroad to San Francisco extended by Oakland instead of Ravenswood and to transfer the water front to a new company. An act of the Legislature author- ized the city authorities to compromise and settle all claims and causes of action whatsoever.
The suit of Merritt vs. Wilcox in 1874 was a notable case. It was over the land upon which the Grand Central Hotel stood and the cost of constructing the
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hotel. Hoge and Nourse appeared for plaintiff and McAllister and Bergen of San Francisco and James C. Martin for the defendant. After a long trial the jury returned a verdict largely in favor of Merritt-for nearly all he claimed- $70,680.50.
The new jail building fronted on Washington street, between Third and Fourth streets, (1874-75). It was a two-story and basement structure, built of brick with stone facings. The outside was cemented. Its cost was about eighty thousand dollars. Thirty-two cells were finished at the start.
In December, 1874, Philip and Alfred Wesser were tried in the police court on the charge of cruelty to animals preferred by Doctor Dinsmore. Z. Mont- gomery defended and Vrooman and Moore prosecuted. After an amusing trial the jury returned the following verdict: "The jury after mature deliberation find the defendants not wilfully guilty, but do find that butchers should be more careful in handling their animals and be sure they are not feeding the community on distressed meat."
A. A. Moore studied law under Noble Hamilton at San Leandro and began the practice late in the fifties. In 1870 he was elected district attorney and there received his first severe court training and made his mark. He was employed in the celebrated Toomes will case, defended Prindle charged with murder. John B. Moon was admitted to practice in this state in 1872. He married a daughter of Judge S. B. McKee. His practice was mainly in San Francisco. For many years he was counsel for the State University. F. E. Whitney graduated from the law school of Washington University, St. Louis, in 1882. He was in partner- ship with his brother here for a time and then served as court commissioner of the county for several years. William H. Jordan was admitted to the practice in 1885. W. R. Davis was admitted to the practice in 1877 and was first a mem- ber of the firm of Moore, Vrooman & Davis and then Vrooman & Davis. Mr. Davis became district attorney in 1878 and mayor of Oakland in 1887. He was retained by several large business concerns as their regular counsel. Among the important cases in which he was involved were Moore vs. Kerr, First National Bank vs. Wolff, Hawes vs. City of Oakland. Melvin C. Chapman studied law with Henry Vrooman and was admitted to the bar in 1884. He was employed in the celebrated Ah Yon case which involved the supremacy of the general law over city charters framed under the constitutional amendment, Wilson vs. the Street Railway Company; defended Silva charged with murder. Charles N. Fox was admitted to the bar in Michigan in 1856, and soon afterward became district attorney of San Mateo county. He served many years as attorney for the Spring Valley Water Company; was a member of the Assembly in 1879. In 1889 he was appointed justice of the supreme court by Governor Waterman. Alfred H. Cohen was admitted to the practice in 1882 and soon had a large clientele. John R. Glascock was graduated in law in 1867, and began the prac- tice here the following year. He served as district attorney in 1876, was sent to Congress in 1878, and was chosen mayor of Oakland by an immense majority. J. E. McElrath was admitted to the bar in 1866 and practiced here for many years. W. H. Chickering graduated in law from Harvard in 1875. He was for many years a member of the law firm of Olney, Chickering & Thomas. J. C. Plunkett studied law under Nathan Porter, San Francisco and was admitted to
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the bar in 1873. He had a large general practice, but mainly in real estate and probate matters.
The calendar had become so large by 1877, that the advisability of consti- tuting Alameda county a separate judicial district was considered by the bar here. Judge S. B. McKee was compelled to adjourn court before all the cases were heard in order to open the regular session in San Francisco. The members of the San Francisco bar heartily agreed to cooperate with the people of Alameda county in the movement for a separate judicial district; they declared that San Francisco alone needed two additional district courts. Pursuant to call many members of the Alameda County Bar assembled in the courtroom on April 10, 1877, to take steps to have this county constituted an independent judicial dis- trict. Among the attorneys present were the following: Stephen G. Nye, R. A. Redmond, Robert L. McKee, A. A. Moore, William Van Voorhies, Noble Ham- ilton, S. F. Daniels, Zach. Montgomery, J. C. Martin, Marcus P. Wiggin, A. E. Costello, John Yule, Robert J. Christie, J. H. Shankland and E. J. Webster. Mr. Montgomery served as chairman and Mr. Wiggin as secretary. Messrs. Hamil- ton, Redmond and Nye were appointed a committee to draft resolutions that would convince the members of the next Assembly of the urgent necessity of making the county a separate judicial district. A letter from Judge McKee was read, in which the necessity of the proposed action was set forth and urged. He declared that the accumulated and constantly increasing business of the court in Alameda county was sufficient for one judge and that the trial calendar in San Francisco contained 600 cases. The resolutions adopted recited the clogged con- dition of the court and stated that it was the sense of the bar here that Alameda county should be constituted the third judicial district. Messrs. Redmond, Martin and Moore were appointed a committee to gather and present to the next Legislature such facts as would show the necessity of the action desired. Messrs. Wiggin, Van Voorhies and Hamilton were appointed a committee to confer with the San Francisco bar for cooperation in this movement. Amid much amuse- ment a collection was taken to pay the cost of calling this meeting.
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