Criminal Annals

Criminal Annals, Part 133: “Doctor” Marsh

John Marsh

Continuing with the Oct. 2, 1852, edition of the Sacramento “Daily Union,” we again find the most interesting of the articles listed under the doings in the Recorder’s Court, where minor criminals, many of whom seem to be there most of the time for various and continuing incidents, face Judge McGrew.

“RECORDER’S COURT. – Before Judge McGrew. Friday October1, 1852

“The morning fawned bright and beautiful, and the birds, if there had been any in the streets, would certainly have greeted it with their most joyful matins [a service of morning prayer]. Even the nightingales, whose songs and pipings rendered the air vocal, previous to their lighting down in the Station House, had a just appreciation of out-door loveliness, and looked pleased at the prospect of regaining immediate liberty. It is from contrasts alone that we derive the sweets of life. Those who have never been hungered, know little of the enjoyments of appetite – so, those who have never been locked up in a prison, can form but an indefinite idea of the bliss derived from freedom – freedom, too, when the glorious sun, the softly tempered breeze, and the shady watercourses, all invite to the abandonment of recreation.

“In the case of William O’Rourke, judgment was rendered in a fine of $40 and costs. Not having that small amount on hand—being at the conclusion of a ‘big spree,’ in which his money circulated freely – William was sent up for ten days. Before leaving, he took occasion to address the court as follows: ‘Your Honor, I did not make any defence, for I knew your Honor would punish me, whether guilty or not.’

John Blake, for assault and battery upon the person of Philip Smith, found guilty, and fined $20 and costs— in default five days imprisonment. The whole costs amounted to $40, which the defendant concluded he would rather go to prison than pay. While the warrant was being made out, however, he changed his determination and forked over.

Joseph H. Wheelwright, for petit larceny, found not guilty and discharged.

Matthew Rice, for assault and battery. This is the same individual who manifested such delight yesterday morning at escaping the infliction of the law ‘once more’ – the same that the Judge rebuked – ‘once more’ in the law’s clutches, from which he now found escape more difficult. All the crocodile evidences of contrition exhibited by Mr. Rice, had no effect in modifying the stern decision of justice. He was found guilty – $50 and costs – in default of paying which, he was sent to prison ten days.

John Turner, for disorderly conduct, flourishing a knife, and threatening to ‘carve’ people’s hearts out. As the prisoner was on a spree, and said a good deal more than he had any intention of executing, and in consideration of his general good character, he was fined only $[figure missing] and costs.

Matthew McGinley, Henry Davidson and John Carroll, for an assault and robbery upon the person of James H. Marsh. Case continued.

In the same edition is an article about an event called a “A Mike Fink Exploit,” referring to the a semi-legendary brawler and boatman, Mike Fink (1770/1780-1823) who exemplified the tough and hard-drinking men who ran keel-boats up and down the Ohio and Mississippi Rivers. Apparently there had been some confusing publicity in San Francisco about a shooting between two men who knew each other, one of whom was a former friend of Mr. Fink.

“The ‘Mike Fink Exploit.’ – We give Mr. Taylor the full benefit of our columns to place himself right in reference to this affair. Our information was derived from a respectable gentleman of this place, and whose veracity we had no reason to doubt. We copy his communication to the S. F. Whig [May 1853 – February 1853, then continued under other names], preceded by the editor’s remarks :

“THE MIKE FINK AFFAIR AT MARTINEZ.– Below will be found a communication from Capt. Taylor, which sufficiently explains itself. We had the pleasure of a visit from him yesterday, and we are glad to find him enthusiastic in the support of Scott and Graham [Whig candidates for President and Vice President in 1852]. Capt. T. is a full cousin of the late President Taylor – is 63 years of age, was taken prisoner by the British during the war of 1812, was through the whole Texan war of Independence, was one of the Texas Rangers, was with Gen. Taylor during the war with Mexico, and took an active part in every fight Gen. Taylor had in Mexico:

Editor. Daily Whig: – In your paper of the 27th inst., you publish an account, under the head of ‘A Mike Fink Exploit,’ (copied from the Sacramento Union) of an occurrence which took place at Martinez, on Tuesday of last week, which is incorrect in some particulars, and which I trust you will allow me the space in your columns to correct. On that day I had a law-suit with a man named John Marsh, known as a doctor, in which I was the successful party, he is a man of whose character 1 will say nothing at present, but simply state that we have been at variance for some time past.

Note: “Doctor” John Marsh (1799-1856) was an early pioneer and settler in California (1836), and although he did not have a medical degree, is often regarded as the first person to practice medicine in California. His historic stone house will be part of the Cowell/John Marsh Property State Historic Park in Contra Costa County.

Continuing with the story; “In the evening after the suit, while sitting in the store of Mr. Sturges, of Martinez, I was attacked or menaced by a man whose name I cannot now recollect, and with whom 1 never had a difficulty, when off my guard, with a Bowie knife, from which I escaped without injury, and the would-be assassin fled. I have many old Texas friends in that neighborhood, and among the number, Col. Wm. Smith, (who, 1 believe, is well known in your city). Hearing of the murderous attack upon me, they made efforts to find the man who had made the attempt upon my life, but could not find him. We afterwards got together and spent a pleasant hour, during which time, the subject of our former exploits in Texas and elsewhere, were fully discussed; and it being known that the Celebrated Mike Fink and myself were old associates, and that we had many a time fired at bottles placed on each other’s heads, some bantering took place as to who was the best shot. Finally without any hesitation on my part or Col. Smith’s, a bottle was placed on my head, and fired at by the Colonel, with a revolving pistol, at the distance of thirty-five or forty feet. The firing was after dark and by candle light, and was done at the word. I knew him to be an excellent shot, but at the time, thought he was aiming a little too low, and so told him. Unfortunately my prediction was true, and the hall passed under one side of the bottom of the bottle, knocking it off without breaking it, and knocking out a piece of my skull bone about three inches long, and the depth and width of the ball, and yet without knocking me down.

“The above are the facts of the case. The statement that I called Col. Smith a coward and forced him to fire, and the further statement that he fled across the river, is entirely untrue. He is too brave a man for that, I have many friends in your city, and to satisfy them that I am not dangerously wounded, can inform them that I write this here, being down on business.

“Yours. &c., John H. Taylor. San Francisco. Sept 29, 1852.”

TO BE CONTINUED

Criminal annals, Part 132: Miner’s Convention

“MINER’S CONVENTION.

“This convention, which assembled at Jamestown, Tuolumne county, on the 18th inst., recommended the holding of a State Convention of miners at Sacramento, on the 10th of November next, to memorialize Congress for the adoption of such measures as will protect native and citizen miners against foreign emigration, and also for a general system for the government of the public lands.

“The following resolutions embrace the spirit of the platform adopted by the convention:

“That it is the interest of this State and of the whole Union to take such measures as will preserve to California for the longest possible period, its present position as a bountiful and happy home for the immigrant from the older States.

“That the rich reward which labor commands in this State, and the proportionate profits which the tradesman and the merchant likewise enjoy, being the source from which we derive the rich stream of emigration from the older States, which is now flowing westward towards this country, are not circumstances which we who are favored should alone cherish and commend, but are rich National blessings, which should be fostered and not destroyed.

“That the mineral lands of California, being of limited extent, and of unsurpassed richness, and  having been purchased with the blood and treasure of the American people, should rightfully be set apart by the General Government for the exclusive benefit of American citizens, and persons eligible for citizenship who shall have declared their intentions of becoming such.

“That we are in favor of the present Naturalization Laws of the United States, and recognize in them the proper and just means to carry out the principles for which Washington and our revolutionary fathers fought and bled.

“That we do not recognize either the legality or the justice of extending the benefit of those naturalization laws beyond the intention of their framers, and of the fathers of the American Union, so as to include the motly races of foreigners from Asia, Polynesia and South America.

“That although we have reason to believe that the well known and often declared will of the laboring classes of this State in relation to the introduction of any peon or cooly system of labor will forever prevent the legalization of any such system, yet we daily see around us the evidences of an insidious policy heretofore characterizing the government of this State, by which whole hordes of degraded, dark colored and worthless laborers, of mongrel race and barbarous education, are allowed, and even invited to come hither merely to rob the rightful owner of this dearly bought heritage.

“That it is the duty of the Legislature of this State to pass such laws as are constitutional and proper (such as a tax of $5 for hospital purposes upon each such emigrant, or in any other way that they may see-fit) in order to impede and obstruct the emigration of the last mentioned class of foreigners into this State.

“That as Congress has made no provision to protect the mining interest in California, it becomes the duty of the people to take measures themselves to save the State from the effects of the ruinous immigration of foreigners who threaten to overwhelm the whole land with the vast hordes which are daily arriving upon our shores, and as a natural consequence to seize upon the rich treasures of the State, which rightfully and properly belong only to the citizens of the Union, who have purchased the country, and whose representatives the citizens of California this time may justly and properly be considered.

“That our representatives, when elected, be requested to use their utmost endeavors to accomplish the repeal any act of the Legislature of this State, authorizing or licensing the working of foreigners in the mineral lands.”

In 1852 the Official California State Animal, the California grizzly bear, still existed in the wild. Hunters often went after them, but were not always successful in their hunt. An article in the Oct. 2, 1852, edition of the paper relates a story of one hunt.

“BEWARE OF GRIZZLIES. – We saw an old hunter yesterday, named Hopper, with his arm in a sling, and upon inquiring the cause, he related to us the following particulars:

“Accompanied by his son and another individual, in Aug. last, all armed with good rifles, he went into the mountains to hunt bear. They had not proceeded far till they divided off, keeping within hearing of each other’s voices, as is usual with hunters in time of danger. His attention was arrested by his son, who called to him that three grizzlies were in sight, at the distance of perhaps three hundred yards. The old gentleman cocked his rifle, with the intention of stealing upon them for a shot. In descending the point of a hill for that purpose, he rounded a clump of chapperel [sic], when, to his horror, he found himself directly upon a huge bear, lying down, which had not been previously discovered. The savage monster sprang up immediately, and made an attack. Being too close to discharge his piece, Hopper sought to save himself by prostrating himself on the ground. The bear caught him by the wrist of the right arm, and bit it through, at the same time wrenching it in such a manner as to break it at the elbow. He then retired a short distance, when Hopper, anxious to avenge himself by the animal’s death, made a motion to possess his rifle. The monster turned upon him a second time. Again he prostrated himself with his face to the earth, but the expedient did not save him. The bear seized him by either hip, biting out huge mouthfuls of the solid flesh. It then knawed [sic] him on the back, and left him. Beyond this Hopper’s memory is indistinct, as his wounds were so severe as partially to deprive him of reason.

“His son and the man accompanying him, became frightened when they first beheld the attack, and took safety by climbing a tree.

“The old gentleman says he is determined to have his revenge yet, but the next time he goes in pursuit of grizzlies, he will be careful to have one of Colt’s six-shooters with him in addition to his rifle.”

(To be continued.)

Criminal annals, Part 131: Chinese immigration issues

The Oct. 1, 1852, edition of the Sacramento “Daily Union” has, on page two, a short discussion on the Chinese in Sacramento, followed by an interesting comment on the E Clampus Vitus group.

“THE CHINESE IN K STREET. –  We have before noticed the fact that the Chinese had congregated to such an extent on K street, between Fifth and Sixth, as to occupy nearly every house between those two streets, on both sides of K. The houses are occupied mostly for trading purposes, and almost any article sold in this market of China manufacture or production may be found in these Chinese stores, to which their queer looking Chinese signs are sure to attract attention. But in addition to stores, one may find eating, drinking and gambling houses. –  To the surprise of the ‘natives’ they manifest an inveterate disposition to gamble when they have money, and they pursue the calling with as much ardor, intent and apparently delightful excitement as a Mexican can do. Their gambling houses, as we are informed, ‘run all night,’ and they are extensively visited by the staid and demure looking ‘Celestials’ in the city. Their contests over the games they play are particularly interesting to lookers on, who understand about as well what they say as they would the gabbling of so many geese. It is easy, however, to perceive they are in dead earnest in their betting.

“The Chinese are a peculiar race to us; we do not know them, never shall know them, as they are in character and disposition, so long as they remain in a dependent position. They visit our shores to make money enough to enable them to return and live at home in comparative ease the remainder of their days. One left K street a few days since, with $4,000 to buy China goods and return with them. He is a merchant and on the road to fortune.

“The influence upon labor to be yet effected by this Chinese immigration, is a subject which commends itself to the attention of every laboring man, and is fruitful of suggestions which we may hereafter present to our readers.”

“THE FOLLOWING card appears in the advertising columns of the San Francisco Herald [under several names 1850-18?]:

“E CLAMPUS VITUS. In the Sacramento Union of this date an article is published, which reflects improperly upon the aim and objects of the above mentioned Order. The presumption of the author is not worthy of being noticed in any other way than by saying, that frequently “Fools rush in where Angels fear to tread.’

“By order of E. C. V. San Francisco, Sept. 28, 1852.

“The ‘presumption of the author’ we are more than ever convinced, however, was perfectly correct, and the card of the worthy members of the nominal ‘E Clampus Vitus’ Club does not undertake to deny it. Our second ‘presumption’ is, that a sufficient number of ‘fools’ have already ‘rushed in’ where sensible men have no occasion to tread.”

Note: This is probably not the last we will hear on this subject.

Next is the information from the previous session of the Recorder’s Court in Sacramento. Then as now, the same names seem to be reappearing.

“Recorder’s Court.- Before Judge McGrew. Thursday, Sept. 29, 1852.

“A full court this morning set off the total absence of cases yesterday. Among the ‘features,’ we observed a venerable colored lady with an umbrella, in allusion doubtless to the hazy weather which has for some time prevailed, and a nervous individual, who emptied his stomach at the back door, by vomiting. Too much of the ‘ardent’ had made him very sick.

Edward Crickard, for drunkenness and disorderly conduct, was found guilty on his own confession, and fined $5 and costs.

William O’Rourke and Matthew Rice, for disturbing the peace and fighting. On a hearing, Matthew was discharged, with many thanks to the Court for its leniency for letting him out of the hands of the law ‘for once.’ Before reaching the street door, however, the aforesaid Matthew in the exuberance of his happiness, performed several very ungentlemanly actions, which caused his re-arrest. A salutary admonition from the Court humbled him considerably, when he was a second time discharged.

William O’Rourke was found guilty. His presence before the Recorder has become a matter of almost daily occurrence; and each time that he comes he bears with him additional scratches and wounds on the face, till his physiognomy is covered with blotches. Mr. O’Rourke would doubtless reform if he could, but the boxing and drinking propensity was so strongly developed in his illustrious progenitors, that he imbibed it as a family legacy, and yields to the seductive influences which it inspires. Judgment suspended till to-morrow.

“John Carroll, Chas. McGinley, and, Henry Davidson, for an assault and robbery. Case continued.”

In the same edition we find a note from the Union regarding the printing in another newspaper of a story very similar to one they had printed two years before.

“PLAGIARISM. – The Times and Transcript [actually Placer Times and Transcript. San Francisco, but previously in Sacramento. 1852-1855] of Tuesday morning, contains the following:

“Good. – ‘Waiter,’ said an ambitious youth, in the excellent coffee establishment on Washington street just above the Bella Union. ‘What makes these hot rolls so cold always!’ ‘I don’t know,’ was the prompt reply, ‘unless it’s because they are made of Chili flour.’”

“Nearly two years ago, the Daily Union published the subjoined anecdote, which occurred in Sacramento:

“‘Waiter!’ cried a man at one of our restaurants the other day, ‘your hot rolls are all cold. What’s the reason?’ The waiter, who by-the-way, was a native of the sod, after scratching his head a moment, replied: ‘I don’t know, sir, unless the blundering cook has made them of Chilly flour.’”

“A marvellous [sic] coincidence of ideas, truly!

“He who steals my purse steals trash.”

 (To be continued.)

Criminal Annals, Part 130: Mayhem and More Mayhem

Continuing with the always entertaining Recorder’s Court listings in the Sept. 28, 1852, edition of the Sacramento “Daily Union,” we find the following:

“Recorder’s Court.- Before Judge McGrew. Monday, Sept. 27, 1852.

“Juan Baptiste, an old offender, for fighting and riotous conduct. Juan’s complexion was of that doubtful character sometimes found in eggplants – neither white nor black – but a kind of purple bordering between the two. Found guilty; judgment; suspended.

“Semprana Nevara, for drunkenness and disorderly conduct  – discharged.

“Auguste Stenegal, for riotous conduct and fighting. Plead not guilty. A negro making his appearance, uninvited inside the bar, and declaring to have received bruises across the arm from the aforesaid Stenegal, called from that gentleman various muttered threats, accompanied by angry shaking of the fists, grinding of the teeth, and glaring of the eyes. The prisoner bringing no witnesses wished to have ‘the boys,’ who were sent for and were not found. It is worthy of observation that he had a great contempt for courts of justice and accusations in general, as he sported a large segar and smoked it in the ‘August presence.’ Verdict of guilty entered, fine of $10 and costs, and forty- eight hours imprisonment.

“William Strong, a stout looking man, for assault and battery on the person of William, alias Felix O’Rourke, who, as many additional scars on his unfortunate physiognomy plainly showed, was this time the plaintiff in the action. Prisoner pleading guilty, was fined $5 and costs— default, imprisonment.

“Several other cases were called, some of which were held over, and others of no material interest.”

In the following edition of the paper, dated Sept. 29, 1852, is found literally nothing but advertisements and political comments about the upcoming election. Even the source of much local information, “From the Interior,” contained little but political information. However, there is a small list of actions from the Recorder’s Court.

“Recorder’s Court. – Before Judge McGrew. Tuesday, Sept. 28, 1852.

Michael Murry, for disturbing the peace. Michael and several companions were indulging in a series of gyrations denominated ‘pugilistic’ – advancing and shying off – making loud noises and threats. Before anything serious occurred, however, Michael, the principal offender, found himself on his way to the station house. Found guilty and fined $5 and costs.

James Horton, for disturbance of the peace. Mr. Horton having arrived from the plains on Sunday, considered it his duty, in his own language, to ‘see the pictures.’ In looking at them at a certain Chinese house, he became intoxicated, flourished a pistol, and behaved badly in other respects. Fined $10 and costs.

John Williams, for like cause. The prisoner was a genuine specimen of the true hearted sailor, and related his defence in a frank, unvarnished style. He confessed. his weakness on the score of drinking – said he always would indulge – but hoped the court would deal gently with him, in consideration of this being his first offence. The sympathies of the Court, and all others present, were strongly in John’s favor. The evidence against him convicted, however, and he was fined $5 and costs.

“Case of Wm. Dennis, continued from yesterday. Petit larceny, for stealing a trunk from on board the steamer Antelope. Found guilty, and ordered to three months imprisonment.

Juan Baptiste – case continued from yesterday. Fined $30 and costs; in default ten day’s imprisonment. Not having the spare change about him, Juan was sent up.

A case of inquiry against North Wellington, (colored,) charged with stealing $300. The evidence, was complicated, abundant, and conflicting. The defendant was discharged.

Augustus Stenegal, for assault and battery upon the person of Jackson Jordan. No witnesses and prisoner discharged.”

In the Sept. 30, 1852, edition of the Daily Union is found an interesting letter from Monterey regarding a robbery.

“FROM THE INTERIOR.

“The last number of the San Joaquin Republican [Stockton, 1851-1854, then became a daily from 1854-1873] furnished by Adams & Co.’s Express, contains an interesting letter from a correspondent at Monterey, dated Sept. 18th, from which we extract the following:

“On the 12th, (Sunday,) a Sonorian [sic] journeying to the Salinas river, was met by a party of five Mexicans, who stopped and robbed him, taking his serape and some trifling articles. After the robbery, they immediately proceeded towards the river, whilst the Sonorian returned to Monterey. After his arrival here, he procured another horse, and proceeded to the Salinas and made known the circumstances of the robbery to Henry Cocks, Esq. Justice of the Peace, who immediately collected and armed a party of eight persons and proceeded to the house of a noted character; upon arriving within a short distance of the place, alarm was given by the dogs barking, and immediately the lights in the house were extinguished, and shots were fired at the assailing party; they however charged up and fired a few rounds in exchange, when the inmates of the house broke and ran in various directions. Two were shot down, and one was badly wounded who escaped; the next morning one of them returned to the house, when the owner under pretence [arch.] of shooting a squirrel, directed a boy to reach him his gun, which he immediately cocked and leveled at the robber, ordering him to give up his arms, which he did, and then broke from the house. Chase was given, and he was overtaken and killed. An inquest was held to-day on the three bodies, and a verdict returned in accordance with the circumstances. Some of the horses of the party were taken and recognised [arch] as belonging to various rancheros in the neighborhood – having been stolen.

The above transaction has caused great excitement, and universal satisfaction is manifested at the promptitude of the action, as the leader of the band was killed, and he was known as a most desperate character.

“The same writer adds that these men were probably a portion of a large band of horse-thieves who have infested that neighborhood, mostly Mexicans; and that a report had just come in that eleven more scoundrels belonging to the same band, had been surprised and attacked by a company of Americans from San Jose. Six of them were killed, the remainder taken prisoners and carried to San Jose.”

“The Indians. —We learn from the sheriff of Tulare county, who called upon us yesterday, that the Indians are quiet and no alarms are entertained by the settlers. Large numbers of emigrants are settling down on the fertile plains with their families There is every prospect of that portion of the country being thickly settled – Ib.

(To be continued.)