Book: California 1849 1913
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L.H. Woolley >> California 1849 1913
Military aid was called to the defense of the jail and its prisoners and
after a while the multitude dispersed, leaving all quiet.
Casey and Cora Turned Over to Vigilance Committee.
Sunday, May 18th, a deputation of the Committee was delegated to call at
the door of the jail and request the Sheriff to deliver up the prisoner,
Casey. Upon arriving at the door three raps were made. Sheriff Scannell
appeared. The delegation desired him to handcuff the prisoner and
deliver him at the door. Without hesitation, the Sheriff repaired to the
cell of Casey and informed him of the request of the Vigilantes. The
Sheriff, after going through some preliminaries, brought the prisoner to
the front door of the jail and delivered him into the hands of the
Committee. My company was stationed directly across the street lined up
on the sidewalk. Immediately in front of us was a small brass cannon,
which a detachment had shortly before secured from the store of
Macondray & Co. It was the field piece of the First California Guard. It
was loaded, and alongside was the lighted match, and all was in
readiness should any resistance be offered. Other companies were
stationed so as to command the entire surroundings. We marched from the
general headquarters of the Committee at 41 Sacramento street (Fort
Gunnybags), one block from the water front, up that street to
Montgomery, thence to Pacific and along Kearny to the jail, which was
situated on the north side of Broadway, between Kearny and Dupont
streets. Other companies came via Stockton and Dupont streets[2].
Casey was then ironed and escorted to a coach in waiting and, at his
request, Mr. North took a seat beside him; Wm. T. Coleman and Miers F.
Truett also riding in the same conveyance. Another conference was held
with the Sheriff, requesting the prisoner, Charles Cora, who had
murdered General Richardson, to be turned over to the Committee.
Scannell declined and asked time to consider. The Committee gave the
Sheriff one hour in which to decide. In less than half that time the
Sheriff appeared at the door of the jail and turned Cora over to the
Committee. The Committee reached the rooms on Sacramento street about 2
o'clock. Casey was placed under guard in a room above headquarters. Cora
was also removed to the Committee's rooms in the same manner as Casey,
the Committee having to go back to the jail for the second time. About
three hundred men remained on guard at the Committee rooms after their
removal there.
Fort Gunnybags.
Our headquarters and committee rooms were at the wholesale liquor house
of Truett & Jones, No. 41 Sacramento street, about a block from the
water front, and embraced the block bounded by Sacramento, California,
Front and Davis streets, and covered by brick buildings two stories
high. The name "Fort Gunnybags" was ascribed to it on account of the
gunnybags filled with sand which we piled up in a wall some six feet
through and about ten feet high. This barricade was about twenty feet
from the building. Guards were stationed at the passageways through it
as well as at the stairs and Committee by the members of the Monumental
Fire Engine Company No. 6, stationed on the west side of Brenham Place,
opposite the "Plaza." Our small field pieces and arms were kept on the
ground floor, and the cells, executive chamber and other departments
were on the second floor.
May 19th found Mr. King still suffering from his wound, but no great
alarm was felt as to his condition.
Death of James King, of William.
May 20th Mr. King's condition took a turn for the worse, and at 12
o'clock he was sinking rapidly, being weakened from the probing and
dressing of the wound. He passed away. Sorrow and grief were shown by
all. He left a widow and six children. He was born in Georgetown, D. C.,
and was only 34 years old.
Trial of Casey and Cora.
Casey and Cora were held for trial May 20th, having been supplied with
attorneys and given every opportunity to plead their cases. The
Committee sat all night and took no recess until the next morning when
the trials were ended. The verdict of "guilty of murder" was found in
each case and they were ordered to be executed Friday, May 23rd, at 12
o'clock noon. While the trial was going on Mr. King passed away[3].
Hanging of Casey and Cora.
The Committee, for fear that an attempt might be made to rescue Casey
and Cora, arranged their companies, which numbered three thousand men
and two field pieces, cleared the streets in the immediate vicinity and
had had constructed a platform from out of the two front windows. These
platforms were hinged, the outer ends being held up by cords which were
fastened to a projecting beam of the roof, to which a rope had been
adjusted for the purpose of hanging.
Arabella Ryan or Belle Cora was united in marriage to Charles Cora just
before the execution.
About one o'clock both Casey and Cora, who had their arms tied behind
them, were brought to the platform and with firm steps stepped out upon
them. Casey addressed a few remarks, declaring that he was no murderer,
and weakened at the thought of his dear old mother. He almost fainted as
the noose was placed around his neck. Cora, to the contrary, said
nothing, and stood unmoved while Casey was talking, and apparently
unconcerned. The signal was given at twenty minutes past one o'clock and
the cord cut, letting the bodies drop six feet. They hung for fifty-five
minutes and were cut down and turned over to the Coroner. We, the rank
and file of the Vigilance Committee, were immediately afterwards drawn
up in a line on Sacramento street, reviewed and dismissed after stacking
our arms in the Committee room, taking up our pursuits again as private
citizens[4].
Yankee Sullivan.
James (or Yankee) Sullivan, whose real name was Francis Murray, had been
taken by the Vigilance Committee and was then (May 20th, 1856), in
confinement in the rooms of the Committee. He was very pugilistic and
had taken an active part in ballot-box frauds in the several elections
just previous. He had been promised leniency by the Committee and
assured a safe exit from the country, but he was fearful of being
murdered by the others to be exiled at the same time. He experienced a
horrible dream, going through the formality and execution of hanging. He
called for a glass of water, which was given him by the guard, who at
the same time endeavored to cheer him up, and when breakfast was taken
him at 8 o'clock that morning he was found dead in his bed, he having
made an incision with a common table knife in his left arm near the
elbow, cutting to the bone and severing two large arteries[5].
"Law and Order" Party.
On the 2nd of June, 1856, Governor J. Neely Johnson having declared the
city of San Francisco to be in a state of insurrection, issued orders to
Wm. T. Sherman to enroll as militia, companies of 150 men of the highest
standard and to have them report to him, Sherman, for duty. The response
was light and the order looked upon as a joke and little or no stock
taken in it. So on the 7th Sherman tendered his resignation as Major
General, claiming that no plan of action could be determined upon
between himself and the Governor. The action taken by the Governor in
this move was by virtue of the constitution of the State, his duty to
enforce the execution of the laws, he claiming that the Vigilance
Committee had no right to arm and act without respect to the State laws.
Terry and Hopkins Affair.
On the 2nd of June, 1856, the city was in great excitement at an attempt
by David S. Terry to stab Sterling A. Hopkins, a member of the
Committee. Terry was one of the judges of the Supreme Court. Hopkins and
a posse were arresting one Rube Maloney when set upon by Terry. Hopkins
was taken to Engine House No. 12 where Dr. R. Beverley Cole examined and
cared for his wound which was four inches deep and caused considerable
hemorrhage. The blade struck Hopkins near the collar bone and severed
parts of the left carotid artery and penetrated the gullet. Terry and
Maloney at once fled to the armory of the "Law and Order Party" on the
corner of Jackson and Dupont streets. The alarm was at once sounded on
the bell at Fort Gunnybags and in less than fifteen minutes armed
details were dispatched to and surrounded the headquarters of the "Law
and Order Party" where Terry had taken refuge, and in less than half an
hour had complete control of the situation, and by 4:15 o'clock in the
afternoon Terry and Maloney and the others found there had been taken to
the Committee rooms as well as the arms (a stand of 300, muskets) and
ammunition. About 150 "Law and Order" men together with about 250
muskets were also taken from the California Exchange. Several other
places were raided and stripped of their stands of arms.
Terry was held by the Vigilance Committee until August 7th and charged
with attempt to murder. Mr. Hopkins recovered and Terry, after a fair
and impartial trial, was discharged from custody, though many were
dissatisfied at his dismissal and claimed that he should have been held.
Terry was requested to resign and resigned his position as judge of the
Supreme Court.
Duel Between Terry and Broderick.
In 1859 Judge Terry had an altercation with United States Senator Daniel
C. Broderick which caused the former to challenge the latter to a duel.
This duel which was with pistols was fought September 13, 1859, near
Lake Merced, near the present site of the Ocean House. It resulted in
Broderick's death, whose last words were, "They killed me because I was
opposed to a corrupt administration, and the extension of slavery."
Terry was indicted for his duel with Broderick, as it came in conflict
with the State laws. The case was transferred to another county, Marin,
and there dismissed. During the Civil War Terry joined the Confederate
forces, attained the rank of Brigadier-General, and was wounded at the
Battle of Chickamauga. At the close of the conflict he repaired to
California and in 1869 located at Stockton and resumed the practice of
the legal profession. Some years later he became advocate for a lady who
was one of the principals in a noted divorce suit. Subsequently she
became his wife. Legal contention arising from the first marriage caused
her to appear before the Circuit Court held in Oakland, over which
Stephen J. Field, Associate justice of the United States Supreme Court,
presided.
Terry and Field, Shooting of Terry.
In open court the justice proceeded to read the decision. As he
continued, the tenor was manifestly unfavorable to Mrs. Terry. She
suddenly arose and interrupted the reading by violently upbraiding
Field. He ordered her removal from the judicial chamber. She resisted,
and Terry coming to his wife's assistance, drew a knife and assaulted
the bailiffs. He was disarmed, and together with his wife, overpowered
and secured. The court of three judges sentenced Mrs. Terry to one
month, and her husband to six months imprisonment, which they served in
full. Justice Field returned to Washington, and the next year in
fulfillment of his official requirements came again to California. He
had been informed that Terry uttered threats of violence against his
person, and therefore he was accompanied by a man employed by the
Government to act in the capacity of body-guard. On the journey from Los
Angeles to San Francisco, Field and his companion, with other
passengers, left the train to lunch at Lathrop. Terry and his wife, who
had boarded the cars en route, also left the cars and shortly afterwards
entered the same restaurant. A few minutes later Terry arose from his
seat, walked directly back of Field and slapped or struck the venerable
justice on the face, while he was seated. Nagle, the guard who attended
Field, leaped to his feet and shot Terry twice. Terry fell and died
instantly. This event occurred on the 15th day of August, 1889, not
quite thirty years from the time he shot Broderick.
Hetherington and Randall.
On the evening of July 24, 1856, the Vigilance Committee had another
case on their hands which called for immediate action.
Joseph Hetherington, a well-known desperate character with a previous
record, picked a quarrel with Dr. Randal in the lobby of the Nicholas
Hotel. They both drew their revolvers and shot: after the second report
the doctor dropped and Hetherington, stooping, shot again, striking the
prostrate form in the head, rendering the victim almost unconscious. He
died the next morning.
The shooting was brought about through Randal's inability to repay money
borrowed from Hetherington on a mortgage on real estate.
Hetherington, who was captured by the police, had been turned over to
the Committee by whom he was tried, the Committee going into session
immediately after the shooting, found him guilty of murder and sentenced
him to be hanged.
We were again called out on the 29th and were stationed so as to command
the situation. This time a gallows was erected on Davis street, between
Sacramento and Commercial.
Another man, Philander Brace by name, was also to be hanged at the same
time, and at about 5:30 in the afternoon of July 29th they were both
conveyed in carriages, strongly guarded, to the execution grounds.
Hetherington had previously proclaimed his innocence, claiming that the
Doctor had shot first and he had simply shot in self-defense, but his
previous record was bad, he having killed a Doctor Baldwin in 1853 and
had run a gambling joint on Long Wharf, and eye witnesses claimed that
he not only provoked but shot first.
Brace was of a different nature, he was a hardened criminal of a low
type. The charge against him being the killing of Captain J. B. West
about a year previous, out in the Mission, and of murdering his
accomplice. He had also confessed to numerous other crimes.
Hanging of Hetherington and Brace.
Thousands of people were on the house-tops and in windows and on every
available spot from which a view of the gallows was to be had. The
prisoners mounted the scaffold, being accompanied by three Vigilance
Committee officers who acted as executioners and a Rev. Mr. Thomas.
After the noose had been adjusted, Hetherington addressed the crowd,
claiming to be innocent, and ready to meet his Maker. Brace, every once
in a while, interrupted him, using terrible and vulgar language. The
caps were adjusted, the ropes cut and the two dropped into eternity.
They were left hanging 40 minutes, after which the bodies were removed
by the Committee to their rooms and afterwards turned over to the
Coroner. They were both young men - Hetherington 35, a native of
England, had been in California since 1850, while Brace was but 21, a
native of Onandaigua County, N. Y.
Ballot Box Stuffing.
The ballot boxes that had been used by Casey and his ilk were of a
peculiar construction, having false slides on the sides and bottoms that
could be slipped out and thereby letting enough spurious votes drop into
the box to insure the election of their man or men. It was claimed that
nearly the entire set of municipal officers then holding office had
secured their election through this man. They were afterwards requested
by the Vigilance Committee to resign their offices, but at the first
election that was held on November 4th, they were all displaced by men
selected by a new party (the People's party) that was the outcome of the
efforts of the Vigilance Committee.
Billy Mulligan.
William Mulligan was shipped out of the State on the steamer "Golden
Age" on June 5th, 1856, with instructions never to return under penalty
of death. However, after three or four years of absence he returned to
San Francisco. He was often seen on the street, but was not molested
until sometime in the summer of 1862 when he got a crowd of boys around
him on the crossing of Prospect Place and Clay street, between Powell
and Mason streets. It was not long before he had trouble with them and
shot into the crowd, injuring a boy, however, not seriously. The police
were soon on the ground, but Mulligan had made his way into the old St.
Francis Hotel on the corner of Clay and Dupont streets which was vacant
at that time. The police came and they were directed to the building
where Billy could be found. When the police entered they found they were
half a story below the floor of a very large room in the second story.
Billy was called upon to surrender. He told them that the first one that
put his head above the floor would be a dead man, and knowing the
desperate character they were dealing with, they thought best to retire
and get instruction from the City Attorney, who told them they had a
right to take him dead or alive, whereupon they proceeded to arm
themselves with rifles and stationed themselves on the second floor of a
building on the opposite side of the street from the St. Francis on
Dupont street, and when Mulligan was passing one of the windows the
police fired. Mulligan dropped to the floor, dead as a door nail. He was
turned over to the Coroner and has not been seen on the streets since.
Charles P. Duane is another one of twenty-seven men who were shipped out
of the State and returned. He shot a man named Ross on Merchant street,
near Kearny. I do not remember whether the man lived or died, or what
became of Duane.
Black List.
From the book entitled "San Francisco Vigilance Committee of '56," by F.
W. Smith, I quote the following, with some corrections and alterations:
"I am informed by an ex-Vigilante that the Committee roll call of '56,
just before its disbandment, numbered between eight and nine thousand.
In concluding our history of this society, we will give the names and
penalties inflicted on those who came under its eye during the latter
year; whose conduct was so irreparably bad that it could not be excused.
Those who suffered the death penalty did so in expiation for lives they
had taken. The names of these culprits are familiar to the reader. We
also give the names of those who were required to leave the State; all
of whom, in the archives of the Vigilantes, fall under the head of the
black list:"
James P. Casey, executed May 22nd, 1856.
Charles Cora, executed May 22nd, 1856.
Joseph Hetherington, executed July 29th, 1856.
Philander Brace, executed July 29th, 1856.
Yankee Sullivan (Francis Murray), suicided May 31st, 1856.
Chas. P. Duane, shipped on "Golden Age," June 5th, 1856.
William Mulligan, shipped on "Golden Age," June 5th, 1856.
Woolley Kearney, shipped on "Golden Age," June 5th, 1856.
Bill Carr, sent to Sandwich Islands, June 5th, 1856, bark "Yankee."
Martin Gallagher, sent to Sandwich Island, June 5th, 1856, bark
"Yankee."
Edward Bulger, sent to Sandwich Islands, June 5th, 1856, bark "Yankee."
Peter Wightman, ran away about June 1st, 1856.
Ned McGowan, ran away about June 1st, 1856.
John Crow, left on "Sonora," June 20th, 1856.
Bill Lewis, shipped on "Sierra Nevada," - June 20th, 1856.
Terrence Kelley, shipped on "Sierra Nevada," June 20, 1856.
John Lowler, shipped on "Sierra Nevada," June 20th, 1856.
William Hamilton, shipped on "Sierra Nevada," June 20th, 1856.
James Cusick, ordered to leave but refused to go, and fled into the
interior.
James Hennessey, ordered to leave, but fled to the interior.
T. B. Cunningham, shipped July 5th, 1856, on "John L. Stephens."
Alex. H. Purple, shipped July 5th, 1856, on "John L. Stephens."
Torn Mulloy, shipped July 5th, 18,56, on "John L. Stephens."
Lewis Mahoney, shipped July 5, 1856, on "John L. Stephen,."
J. R. Maloney, shipped July 5th, 1856, on "John L. Stephens."
Dan'l Aldrich, shipped July 5th, 1856, on "John L. Stephens."
James White, Shipped July 21st, 1856, on "Golden Age."
James Burke, alias "Activity," shipped July 21st, 1856, on "Golden Age."
Wm. F. McLean, shipped July 21st, 1856, on "Golden Age."
Abraham Kraft, shipped July 21st, 1856, on "Golden Age."
John Stephens, shipped September 5, 1856, on "Golden Age."
James Thompson, alias "Liverpool Jack," shipped September 5, 1856, on
"Golden Age."
Many others either left of their own volition or under orders to leave
the state.
Bulger and Gallagher who had been shipped out of the country on June 5th
returned to San Francisco. In their haste the Committee had failed to
read their sentences to them and they were not aware of the penalty of
returning. They were again shipped out of the country and ordered not to
return under penalty of death.
There were 489 persons killed during the first 10 months of 1856. Six of
these were hanged by the Sheriff, and forty-six by the mobs, and the
balance were killed by various means by the lawless element.
"Fort Gunnybags" 1903.
On March 21, 1903, the California Historic Landmarks League placed a
bronze tablet on the face of the building at 215 Sacramento street that
had formerly been the headquarters of the Vigilance Committee of 1856,
inscribed as follows: "Fort Gunnybags was situated on this spot,
headquarters of the Vigilance Committee in the year 1856." Many of the
old Committee and Pioneers participated in the ceremonies. The old
Monumental bell which had been used those stirring days was also in
evidence and pealed out its last "call to arms."
Closing Chapter of Vigilance Committee.
As a closing chapter to the history of the Vigilance Committee of 1856,
or at least the immediate cause of its coming into existence, there was
sold at public auction in San Francisco on the evening of January 14th,
1913, the very papers that James King, of William, had had transcribed
from the records in New York and published in his paper the "Evening
Bulletin" showing the record of Casey's indictment, imprisonment and
pardon, the publication of which he, Casey, resented by shooting King.
In addition to these documents were sold many of the books, papers,
etc., of as well as other books and papers relating to the Vigilance
Committee that had been collected together by Mr. C. J. King, a son of
James King of William.
Vigilance Committee Work In 1849, '50 and '51.
While there has been a great deal said about the Vigilance Committee in
California in 1856, there has not been much said about it in '49, '50
and '51. That the reader may know what was going on up to that time, I
must now draw largely from previously published accounts for my
information, for a condensed statement.
On the 30th day of January, 1847, Mr. Washington A. Bartlet became the
first Alcalde of San Francisco, under the American flag. At this time
the population numbered 500, including Indians. During '47 and '48 it
increased to two thousand, and by the last of July, 1849, it was over
five thousand. The condition of the town at this time was terribly
demoralized, gambling, drunkenness and fights on every corner. About
this this came a class of offscourings of other countries and the curses
to California. It was during this dreadful state of uncertainty that the
famous Vigilance Committee of 1851 was organized, and it now became
known that there was an organized committee for the purpose of dealing
with criminals. It was about this time the case of John Jenkins came up
and he was arrested and tried by the Committee, and condemned to be
hanged. He was then hanged until he was dead. The tragic fate of
Jenkins, and the determination manifested to deal severely with the
villains had the effect of frightening many away. The steamers to
Stockton and Sacramento were crowded with the flying rascals. The Sydney
Coves and the more desperate characters remained. At this, time the city
served notices on all persons known to be vicious characters to leave
the city at once, on fear of being forcibly expelled to the places
whence they had come. This was rigidly enforced and had a very wholesome
effect.
The next one to come before the Committee was James Stuart, who was
transported from England to Australia for forgery. It is not worth while
to go into details on account of this man, for he confessed to crimes
enough to hang him a dozen times. On the morning of July 11th, 1851, the
taps on the bell of the Monumental Engine House summoned the entire
Vigilance Committee. The prisoner was then allowed two hours grace,
during which time the Rev. Dr. Mills was closeted with him in communion.
After the expiration of the two hours, the condemned was led forth under
a strong guard. He was taken down Battery street to the end of the
Market street wharf, where everything had been previously arranged for
the execution. Very soon after the procession reached the spot the fatal
rope was adjusted and the condemned hoisted up by a derrick.
The hanging of Stuart seems to have been a very bungling piece of work,
but this man's life was given to evil doing, and the great number of
crimes confessed and committed by him would seem to say that he was not
deserving of any more sympathy than which he got. This was a sorry
spectacle, a human being dying like a dog, but necessity, which dared
not trust itself to feelings of compassion, commanded the deed, and
unprofitable sentiment sunk abashed.