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| San Joaquin Republican, 9/17/1851 |
Most people don't realize that Amador County originally was part of Calaveras County. Needless to say, there was contraversy about where the County Seat would be initially from its inception. According to the book, "A History of Amador County," by Jesse D. Mason, the County of Calaveras was "organized in the session of the Legislature, in 1849-50. It is said that it took its name from an immense number of skulls found on that river.......the county took its name from the river."
William Fowle Smith was the County Judge; Colonel Lewis A. Collier was the County Clerk; John Hanson was the Sheriff, A.B. Mudge was the Treasurer; and H.A. Carter was the Prosecuting Attorney. These men basically made up the local government of early Calaveras County. At that time Double Springs was chosen as the County Seat.
According to an 1849 edition of the Placer Times, there were advertisements for the sale of "four wooden houses, 12x24 feet, two rooms each," on their way from China, on a schooner by the name of Petrol. It has been assumed these houses were for Double Springs; However, there are historians who disagree and claim that three houses, not four, were actually purchased at Sam Brannan's Sacramento store, which was located in present day "Old Sacramento."
By 1850, the three houses were erected as one large building which were used as a Courthouse, small living spaces for the government officials, and of course, a saloon. Driving by Double Springs today, you will only see a roadside marker that states you are driving through an historic spot. Little is left of any trace of Calaveras County's first County Seat.
Moving along, by April 26th of 1851, there was a Democratic County Convention held at Double Springs, organizing the Democratic Party of the County. Judge Smith was elected President and Col. Collier was elected Secretary. There were many named in the San Joaquin Republican, listing just who would be the committee members and that they were "appointing committees of three in each judicial district, to act as town committees and to report to the county committee from time to time, as the interest of the Democratic party shall seem to require."
With Smith and Collier having to work together on this committee besides their regular work for the County, it is quite possible that they both got on each others nerves, or worse.
Later, there was an election on May 26, 1851 to change the county seat to Mokelumne Hill, while others wanted Jackson's Creek (present day Jackson). It was said that there were more votes for Mokelumne Hill than Jackson, so, allegedly Judge Smith "threw out" several hundred votes ensuring that Jackson would be the new County Seat.
In Larry Cenotto's book, Logan's Alley (Volume IV) he briefly mentions this story on page 7, stating that "voting shenanigans" had taken place which led up to the story I am about to share with you.
Going back to the History of Amador County, Jesse D. Mason brought up that:
"When the first count or estimate was made up, Mokelumne Hill was said to have been the successful town and a team was sent to Double Springs to remove the archives; but a subsequent count by Judge Smith made Jackson the county seat. Smith was openly charged with fraud in the second counting. The whole affair was probably as near a farce as elections ever get to be. The seat however remained at Jackson until 1852, when it was transferred by election to Mokelumne Hill."
This was the first time Collier and Smith butted heads over the election results.
In regards to the personalities of Smith and Collier, Mason also notes:
"Very contradictory reports are current in regard to the characters of the officers. "Fowle Smith," an eastern man, was represented by some as a miserable concentration of all meanness that was supposed to characterize that kind of men; stinginess, cowardice, and "all that sort of thing." Others say that he was honest, and would not countenance Colonel Collyer's peccadillos, hence, their mutual dislike. He has since taken to preaching, and is said to be causing great revivals ins ome of the Eastern States.
Colonel Collyer, according to the same authority, was a southern man, with southern virtues in exess; pompous, portly, genial, brave, and reckless, with a habit of calling everybody, who crossed his will, a "d---d son of a -----" and threatened to cut his heart out; a treatment be had applied to Judge Smith, until the latter was seriously afraid the Colonel was in earnest. Among the peculiarities of Collyer, was the pocketing of all fees received in his official capacity, leaving Judge Smith to collect his salary, or extras, as he might.
Collyer is said to have naturalized sixty foreigners in one day, charging them one ounce each, all of which he applied to his own benefit. "---
So, what was this incident that happened on Main Street in September of 1851?
The details on the exact date that it occurred are sketchy at best. Some newspapers claimed the event took place on September 11th, 1851, which would have been a Thursday, while some say Monday, which would have been the 15th, but I am obliged to believe the other two newspapers which stated that it was Saturday, September 13th when the event took place.
Judge Smith had been in Sacramento on County business and arrived in Jackson to collect the return of votes that were cast in their latest election, one of which determined the possible re-election of Col. Collier as County Clerk against Joseph P. Douglass who was also running for the position of County Clerk. According to this account, Judge Smith came on that date, being that the 10 days that were allotted to collect the votes had expired and the votes were past due for counting.
Smith arrived at the clerks office at around 9 o'clock in the evening. So where was the clerk's office?
You must remember, at this time Jackson didn't have a courthouse or regular offices as we did later on. The Calaveras County Court of Sessions or supervisors were held in the French Hotel which was located where present day 105 Main Street is located, on the westerly side of Main Street where the "Main Event Bar" is today. It appears that the clerk's office would have been adjacent to the Frech Hotel. You have to remember, our courthouses and government offices for Amador County hadn't even been built yet, because we were still part of Calaveras County at the time. The old jail site, which was a small log cabin, was actually located on or around where present day 16-18 Court Street is located.
When Judge Smith got there he was met by Judge Williams, who said that he was in charge of that office and Collier was not there. Smith told Williams he would go "canvassing" for votes but it had to be done before midnight. Judge Smith and J.T. Powell and Deputy Sheriffy Chovan canvassed for less than an hour, also looking for Collier to no avail. So they returned to Collier's office. Chovan and Powell saw that no one was there, so Smith sent for them to look for Judge Williams to open the office so Smith could collect the voting returns.
Around 10 p.m., Judge Smith broke into the office on his own to search for the returns himself. This is when Chovan and Powell came back and found Smith inside the office. Smith then orders the two men to help him search for the returns, which they did reluctantly. According to the newspapers of the time, they claimed that Smith found nothing. Smith then handed Powell a paper to file with the court and he left the office empty handed.
Jesse D. Mason's account written in 1881, stated that Smith broke into Collier's desk, counted the returns and issued the certificates of election to the successful candidate, Joseph P. Douglass, who, according to Mason's account, received the larger number of votes. According to this account, it was Collier who was in the wrong, hiding the votes to prevent the results showing that he had lost the election to Douglass.
A little after Midnight, Collier finally returned to the clerk's office to find out from Powell and Chovan that Smith had broken into it. He became infuriated, and Powell stated that Collier even drew a pistol on him for telling him the story, forcing Powell to arrest him. As Collier was being taken to jail, he swore he would shoot Judge Smith "upon sight."
It appears that Collier was released in the morning, and once Judge Smith and Powell were going about their daily activities, Powell "proposed a walk with Judge Smith, and he first declined upon the ground that the route suggested would lead them past the clerk's office, that he was courting a collision, but finding that the clerk's office was closed he consented to go."
As the newspaper accounts go, as they were walking by the office, Collier walked up on them and started screaming obsenities to Smith. Collier claimed he was going to let the world know what a "dead villain" Judge Smith was. After this first confrontation, Smith started to walk back towards his hotel. This was when Collier came back on his horse, with a revolver on his waist, and as he dismounted and was tieing his horse up to the hotel, he started to scream at Smith again.
When Collier approached him, Smith "threw up his hand and said "Col. Collier, I don't want you to come near me; stand back, sir, and let me alone." Collier however, advanced and struck the Judge a severe blow in his face, whereupon Smith drew a small revolver from his pants pocket and fired at Collier, wounding him in the right arm, piercing his body between the liver and kidneys, and wounding him also in the left shoulder. Collier did not have time to draw his pistol, and Judge Smith, in extricating his from his pants' pocket had one barrel discharge itself through his pocket. Col. Collier died about 12 o'clock on Monday last."
Smith was arrested, and some accounts said he turned himself in immediately. He was then taken before Judge Bayrington, but requested Judge Williams to oversee this case, and requested his counsel, Captain Ward for legal defense. Judge Smith was tried for Col. Lewis A. Collier's death on September 17, 1851. On September 23, 1851, Judge William Fowle Smith was acquitted of all charges as the jury returned a verdict of "justifiable homicide" given the circumstances of the case.
After looking over all of the particulars surrounding this case, I see that there was election tampering, and it appears that it may have been occurring on both sides. Being that Smith was openly accused of fraud in the previous election in 1850 determining the county seat situation, shows he was capable of doing it again; However, the fact that Collier hadn't turned in the votes in time, possibly to collect more votes in his favor, and it also appears he was hiding the collected votes to prevent revealing the actual results, was also illegal.
Both men's personalities clashed like oil and vinegar according to the previous accounts mentioned, so it is not hard to see that there was likely to be a bad skirmish between the two at one point or another. Sadly, though this one ended with one person dead, all because of election results.
Do I think that Judge Smith should have been put in prison for Collier's death? No, I do not. Collier was a hot head, and even if Smith had done something wrong, Collier knew the law, and he went after the Judge with the intent to kill him, and ended up being the one dead himself.
According to Jesse D. Mason, by the time he was writing his book on the history of the county, and claimed that Smith had "taken to to preaching, and is said to be causing great revivals in some of the Eastern states." Did Judge Smith have a change of heart, and left politics? It is quite possible, however, I found a W.F. Smith in Alameda in the 1860 census listed as a Lawyer, so it is possible that he just moved away.
In 1851, California was still very much living in the "Wild West," and many times, simple disagreements ended up in horrible stabbings, attacks and even duels. Remember the infamous duel of Judge David S. Terry and Senator Broaderick? What about the unfortunate murder of Judge Gordon Belt on the streets of Stockton? There are so many, I cannot even begint to list them all.
With that being said, I do not believe Col. Lewis A. Collier was an innocent victim in this affair. His hot temper ultimately sealed his own fate. Documented accounts show that both of these local politicans were crooked in their own ways. Smith, having committed fraud in an election, while Collier collected fees for various reasons during his time as County Clerk only to pocket the money himself, and more than likely he was trying to hide the election results himself. It seems to me that both men were not on the up-and-up when this unfortunate incident occurred. A lesson to be learned that politics can literally kill, and that election fraud and tampering has been going as long as elections have been around. It sure goes to show that some things never change!
(Copyright 2024, J'aime Rubio www.jaimerubiowriter.com)
Sources available upon request.
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