Monday, July 8, 2013

First Recorded Hanging Of A Woman In California History


Yesterday I read an article online regarding a very atrocious event that took place recently in Brazil. From what I read, during a soccer game (or football as they call it) a fight between a referee and a player ensued after an argument. For whatever reasons, the referee pulled out a knife and stabbed the player. The player was removed from the field and taken to the hospital where he died in transport.

It gets worse! Meanwhile, as the player was being transported to the hospital, friends, family and spectators watching the game came down to the field, attacked the referee, stoned him to death, quartered his body, severed his head and placed it on a pole of some sort and stuck it in the middle of the field.

As I read this, my stomach began to feel ill. We are human beings with a brain and the capability to know right from wrong, and yet so many times when in a fit of rage people can so easily resort to being no different than wild animals. It sickens me to no end. Well, as I was doing some research on another story that I am working on, I stumbled upon the story of the very first recorded lynching and murder of a female in California history. The small mining town of Downieville, is the backdrop for this story I am about to tell you. First off, let me tell you a little bit about the history of the town before we begin.

Downieville, CA-

Downieville was established in 1849 during the Gold Rush days of California, but had been earlier known as "The Forks" due to its geographical location between the North Fork of the Yuba River and the "Downie" River as they named it. The town took on the name "Downieville" after Major William Downie, who led the expedition up to the town and became the first mayor there.  During it's peak (which was around 1851) Downieville had about 5,000 residents. At one point Downieville had even applied to be the State Capitol, although Benicia won that vote and later on Sacramento came to be the permanent Capitol of the State.


Downieville Map (http://www.fohbc.org)
The Lynching of Josefa (or Juanita)

So, I have been doing research on this story, and I am going to tell you the various versions of the story I have discovered. Then I am going to let you decide what you think really happened and if you think this lynching was a heinous act or quite possibly justified after all.

In the book "Days of 49" by Gordon Young, he mentions this incident and quotes Popular Tribunals, Volume I, page 557 and Royce's California, page 368, when he states that on July 5, 1851 the young Mexican girl, he calls "Juanita" was "put on a pavilion in the center of the town and twelve men responded eagerly to the call for a jury." It states that  she was put on trial for the murder of a man known as "Joe Cannon," a respected miner who, while drunk, broke into the her house and Josefa stabbed him.

It goes on to state that a "humane physician," Dr. Cyrus D. Aiken,  took the stand and testified that the girl was in no condition to be hanged. Of course he was booted out of town. Another witness, a Mr. Thayer of Nevada allegedly attempted to make a speech on her behalf and he was also kicked (literally) out of town. Some claimed she said "Adios Senores" just before they hung her. Before dying she did remark that if given the chance she would not hesitate to do it again.

I started looking around and finding other websites and  recent books by authors that offer their take on "Juanita's" story. I also searched as many archived newspaper articles and recorded documentation that would shed light on this story further.

As far as the majority of all stories goes, all claim that Cannon, (whose name is recorded as Joe and also as Frederick Alexander Augustus Cannon, aka "Jock"), was a miner in the town. Archived records show him as being either Scottish, English or some even mention him being Australian. He was over 6'4 and nearly 240 lbs.  The 1850 Census reports a J.H. Cannon of Ohio, living in Yuba County, (which Downieville was a part of at that time prior to becoming part of Sierra County in April of 1852). It is quite possible his name was actually Joe Cannon as the earlier recorded documents stated from the beginning. He was described as a "cheerful, easy-going giant" of a man.

The woman in the story who is often referred to as Juanita, is also written as being called Josefa. She was stated to stand at barely 5 feet tall with a petite frame. Many records state that people in the town didn't think too highly of her, although all records state her as being beautiful or pretty. Almost every account mentions her being hot-tempered and easily angered.

Some recent books mention Juanita (or Josefa) as being the wife of Jose, although no newspapers I have located as of yet, from that time show her as being his wife at all. Townspeople of Downieville claimed she only lived with a man named Jose. Both she and Jose worked at the Craycrofts Saloon in town.

I find it quite interesting that in so many recently written books, the authors portray Juanita (or Josefa) as this innocent woman who was just defending herself from a vicious miner who attacked her. That seems a bit one sided if you ask me. The townspeople regarded Juanita as a very hot-tempered and ill-mannered woman, who worked in the Saloon. Some spoke of her as a bar maid or dancer while other miner's accounts were that she was a prostitute. Some people try to claim Cannon was racist and hated Mexicans and Chinese, however his friends claimed he was a happy guy who was always singing and laughing. He even sang songs in Chinese and even prior to him being stabbed, the townsfolk heard him trying to speak Spanish to Jose. Someone who hates a certain race more than likely isn't going to be willing to speak (or sing) the language of the people he hates, now would he? Think about that for a second. I am sure he was not an angel and perhaps after being screamed at by Josefa it had got on his last nerve and maybe that was why he started saying disrespectful things to Josefa.

He Called Her a "Whore"

Now you have to stop and also think about this for a minute, to call a woman a whore back then was not the same as calling a woman a whore nowadays. Prostitution was a very popular profession back then, especially in areas like that.   Let's face it, back then a woman couldn't move out to a rowdy area, surrounded by rugged, tough men and expect that life was going to be romance and roses, especially if that same woman was employed in that mining town at the local Saloon.

The Gold Rush mining towns of that time period were not often a place for self respecting women. In fact, women were scarce in those types of places. Yes, occasionally a wife came out west but it was mostly the wives of store owners who came to work with their husbands to run a family business but that was rare. Most women of that time kept towards the bigger cities and communities and not so much in the "one-horse towns."  During that time period, most of the women in those towns were saloon girls or prostitutes. That is a fact.  It was a known fact Josefa worked in the local Saloon in town, Craycrofts Gambling Palace, not a place for a self respecting lady. Do you think the men of that mining town in 1851 even knew about or gave a damn what was "politically correct" back then? I truly doubt it.


Who Was Josefa?

Why don't we know Josefa's surname? One genealogy site I found said her name was Josefa Segovia, although the 1850 Census doesn't show her name in the database at all.  As far as her boyfriend, some stories say Jose was a gambler, while others specify that he was a professional Monte Card Dealer. Whatever the profession or hobby of gambling, he was Josefa's boyfriend.

Historian, Rodolfo F. Acuña claimed to have established her name to actually be Juana Loaiza, and that it was documented in the 1877 Schedule of Mexican Claims against the United States when Jose Maria Loaiza filed a suit against the U.S. requesting damages for “the lynching of his wife and the banishment of himself by a mob.” Jose Loaiza's claim for damages was denied.

What I find interesting is the fact that the 1850 Census does not show any listing for Jose or Josefa Loaiza, Juana Loaiza or Josefa Segovia in Yuba County or any part of California at all. Also, it is quite possible Jose claimed Josefa was his wife for legal purposes in order to file the lawsuit from Mexico. Perhaps they were married, but to date I have found no documented record establishing them as being man and wife while in California.

How It All Started

One of the many accounts I found claims that the beginning of the trouble between Josefa and Cannon started when Cannon allegedly disrespected Josefa at Jack Craycroft's Gambling Palace. That was when Cannon, being overly giddy from drinking attempted to touch Josefa's shoulder while she was in the saloon at a card table. According to reports, in anger Josefa lifted her skirt up to pull a knife from her garter belt and threatened Cannon, and that was the start of their animosity. Did this actually happen? Well, if it did, it certainly makes you think twice about Josefa's temper now doesn't it?

Another account states that Cannon had made sexual advances at Josefa in the past and she refused. That in anger for being turned down before, he came to her home in the night, broke in and in fear of her life she stabbed him, making his death justified. But that isn't how it happened.


What Really Happened vs What People Claim

According to reports, the story was that Cannon, Charley Getzler and another man named Lawson were enjoying the festivities of the first actual Fourth of July Celebration well into the early morning hours of July 5th. They were singing and laughing and walking down the streets making fools of themselves, in a drunken stupor. As newspaper reports stated the men were "drunk and jovial."

As they strolled (or stumbled) through town, they began knocking on various doors of homes on the street, obnoxiously loud and unruly, when they came upon Josefa's door. Cannon leaned on it and the leather hinges holding the door up broke. This caused Cannon and the door to literally fall down inside the house. Cannon found his drunk self on the ground laughing. His friends helped him get up, picked up the door and tried to put it back on and then continued on down the street with his friends. Other witness accounts confirm this story. Even by Josefa's own account, the men left and Cannon did not attack her.

Later that day Josefa forced Jose to confront Cannon to ask about being reimbursed for the broken door.  It was then that Josefa became involved in the conversation between Jose and Cannon.
Now, ask yourself this question, if Josefa was really being physically threatened or attacked by Cannon during this time as she later claimed, why didn't Jose defend her honor and stand up to Cannon? Probably because she wasn't being physically attacked at all. More than likely Cannon may have said rude things to her, maybe he even did call her a "whore" as many accounts claim, but did that mean he deserved being stabbed to death? I think not.

Yes, Cannon probably wasn't an angel by any means, but in no account do I find evidence of  him coming into the home to rape her, nor did I find any evidence of him physically assaulting her either. According to witness accounts, Jose approached Cannon to speak about the door that he had broken the night prior. Cannon had gone to purchase medicine, (more than likely for a hangover from partying the night before), from the doctor who lived literally next door to Jose and Josefa. That was when Jose confronted Cannon. Some accounts say Cannon offered an apology and even shook hands with Jose, while Josefa was still angry and literally got in between the two men to yell at Cannon herself.

Some other accounts claim Cannon apologized but offered no reimbursement for the door. One book I found claimed that he laughed at the absurdity of even being asked since the door would have fallen if anyone "coughed" near it (meaning their home was dilapidated to begin with). Other stories say that Cannon argued with Jose about the door and that he didn't have time to be bothered with their request and was actually leaving when Josefa got in his face, but never did he threaten or strike anyone in the household.

It was when Josefa began yelling and getting in Cannon's face that Cannon told Jose to basically get control of his woman, (some accounts say he said "bitch" or "whore") and it was then that Josefa went and retrieved the knife from either a table or under her pillow on her bed and stabbed Cannon in the chest. I read a few accounts that said it pierced his heart, another that says it sheered through his clavicle and into his lung.  (note: if she did stab him in that manner, either way, she had to have lunged at him with her arm in the air and stabbed him with her arm moving from above in a downwards motion. That is not the norm for an act of self defense.)

Now remember this, she was a small, petite woman. She probably weighed no more than 100-120 lbs the most. Then you take Cannon, who was 6'4 and about 240 lbs. Newspapers claimed that the bowie knife had been used with such force that it must have taken a strong fit of rage for someone her size to really pound the knife that deep in his well built chest in order to kill him.  After the murder, she ran off for awhile until the people of the town found her hiding in Craycroft's Saloon and ordered that she be tried for the murder of Cannon.


"There was a stoical, almost a cynical calm in the manner she faced the situation, that added a touch of horror to the grisly performance."-  (the event mentioned in a 1909 Newspaper Archive.)

Newspapers over time, reported that during the trial that Josefa was seen smiling at the Judge and Jury, unaffected by the event that had just taken place, while some books (recently written) claim she was distraught, crying and emotional. People who were present at the trial claimed that she didn't seem remorseful of the act, and we will never truly know if she felt any sense of guilt at all. Josefa was about to finally face the last consequences of her actions. The make-shift trial was arranged within hours of the incident and a Jury was formed by 12 men of the town. Judge Rose appointed William Spear as prosecutor, while for Josefa's defense, Attorney's Pickett and Brocklebank were called.

Two witnesses came forward in Josefa's defense besides Dr. Aiken who as I stated above, claimed Josefa was pregnant in order to stall her execution. (Although three other doctors were called to verify her pregnancy who upon examining Josefa, claimed there were no such signs of pregnancy).

Josefa claimed that because a boy had told her some "men" in the town wanted to break into her house and sleep with her, out of fear she defended herself from Cannon. That was her justification for stabbing Cannon in broad daylight in front of her boyfriend and Cannon's friend. By her own admission she stated that she stabbed him after telling him he had no right to call her bad names.

"I told the deceased that was no place to call me bad names, come in and call me so and as he was coming in I stabbed him."-

Another witness said they heard Cannon say a foul word in Spanish but they had no idea if it was meant for Jose or Josefa just before the stabbing. Mr. McMurray heard Cannon call Josefa a "whore," while other reports claim McMurray admitted to seeing Josefa attack Cannon with the bowie knife in a fit of rage.

No matter how you slice it, all accounts point to the fact that Josefa committed murder. Even if Cannon was going to step one foot in her door and call her a bad name doesn't mean he intended to hurt her physically. There is no way for us to know.  In nearly every account I have found it shows that Cannon was either already inside the house or in the doorway to begin with.  No matter what the case, Josefa had to have walked up to him because she walked away to get the knife and walked back up to Cannon in order to stab him in his chest.

I didn't see any evidence of Jose claiming that Cannon attempted to physically assault either him or Josefa. No matter what names or awful things Cannon may have said or not said to Josefa, she had no right whatsoever stabbing him to death, period.  Now if he had physically hit her or attempted to rape or assault her I would say that she would have had every right to defend herself. But, sorry folks, evidence is lacking in her favor here.

And remember, she wasn't alone there at the house. Her boyfriend Jose was there, and he was the one who initially started the conversation with Cannon. If Cannon was being so dangerous and abusive to Josefa then why didn't Jose step in and defend her? Why hadn't there been a physical altercation between the two men prior to the stabbing?

Most people aren't even aware that Josefa had reportedly stabbed and injured two men prior to this incident and that may have been the 'straw that broke the camels back' when it came to the town's view on her. Well, the story didn't end well. As you can imagine, Josefa was found guilty of murder and ordered to be hanged until dead. Jose was found innocent but ordered to leave town. From the many witnesses who watched the trial and her hanging, all said that she calmly and without trepidation, accepted her fate and willingly took her sentence when the time came.  All accounts state that Josefa admitted that if she had to do it over again, she would if provoked.

Let's analyze that statement shall we? The definition of the word "provoke" means to :
  1. Stimulate or give rise to (a reaction or emotion, typically a strong or unwelcome one) in someone.
  2. Stimulate or incite (someone) to do or feel something, esp. by arousing anger in them.
 Downieville Hanging (Milwaukee Sentinel 1939)
Now by her own admission, Cannon "provoked" her. When you are acting in self defense you aren't provoked, you are the victim who acts in "defense." The fact she said that Cannon provoked her, proves that he pissed her off to the point she acted out. To date there are no records of her saying he raped her, assaulted her, nothing. But almost all reports mention that he "insulted her."  Her ego was bruised because he may have used some foul language about her, calling her a "whore" or whatever words he may have used...but her bruised ego and fiery temper was what more than likely made her walk over and pick up that knife and stab him with such force into his chest.


The townspeople were quoted saying that "woman or no woman, someone is hanging" for what happened to Cannon.  Prior to her hanging, she objected to her arms being tied to her body but willingly put the cover over her eyes and adjusted the rope around her neck. She asked to be given a proper burial as a final request, and then she was hung on the Jersey Bridge.

The Blame Game

Many people have screamed "racism" because she was Hispanic, or the fact she was a woman, and that it wasn't fair what happened to her. You have to step back from all that for a minute and think about that logically.

  • So does it mean it's okay for anyone non-white to commit a crime? 

No. A crime is a crime, whether you are Caucasian, African-American, Asian, Hispanic, Native-American, Middle Eastern, etc.  When you start looking at things by color things get messed up.

Let's pretend that Josefa wasn't a woman for a minute, let's pretend she wasn't even Hispanic either. Let's say she was a white male.

  •  Do you think that in a different scenario the outcome would have been the same?

You can bet your bottom dollar that whoever it was would have been strung up for walking up to Cannon and stabbing him in the chest, too. I can tell you based on the research and stories I have written about history, that men have been strung up for less things than that, including the attempted stealing of another mans horse or even cattle.

When we get down to brass tacks here the fact of the matter is murder is murder. Stabbing a man during an argument when there haven't been any blows thrown by either side is not justified.  The fact she was a woman and Hispanic has no relevance. It has only wrongfully made Josefa as an innocent martyr based on the classic idea that all whites were racist and that she was only hanged for the color of her skin. No, that is not why, it was because she murdered someone. Let us not forget the crime committed.

  • Do you really think Josefa had a right to stab a man who called her a whore but did not physically attack her? 
  • Do you really think that her life was truly in danger, when even her own boyfriend did not get in a physical altercation with Cannon?


When looking into history, one should look at the story from all sides before making a judgment call. When I first looked into this story I believed that this was more than likely a story of an innocent woman being wrongfully hanged and it bothered me. I wanted to tell her story, but I wanted to tell the truth- no matter what "truth" it was that I found. The more I researched the more my gut started telling me that she was probably not the innocent woman that people have made her out to be.

You see, the job of a historian is not to tell history in order to fit into a certain agenda. When you start doing that you ruin history and re-write it. No one can ever say there have never been any women criminals in history. No one can sit here and say that there have never been any Hispanic murderers in history. Just like we cannot say that there has never been any White murderers in history or male criminals for that matter. It's just not possible. Josefa was hanged for a crime she committed, but so many want to blame it on racism or chauvinism when that is illogical thinking.  Just because Josefa was a woman who happened to be Hispanic didn't mean she didn't commit a crime. She did, and the evidence proves it.

Even years later the townspeople of Downieville still wrote the newspapers and tried to explain that her death was justified based on what she did to Cannon.  Yes, there have been many accounts of innocent people being killed or hanged based on their race and not by facts, I agree. But that doesn't mean everytime someone was strung up and killed that they were innocent either. Again, common sense has to come into play here. Why not look at the facts in this story too?

Just like that story I mentioned in the beginning about the man in Brazil who was stoned to death and his head severed and placed on a pole, I mentioned it to remind you that the world is brutal. History proves that it has always been brutal, from all races. Josefa stabbed a man over an argument. She killed him without a second thought. Now that is brutal, too. One may imagine the lynching of her as being inhumane, but remember back then anyone who was caught even stealing horses were hanged back then, no matter who you were. That was the "Wild West" and that was justice back then.

Just think, all these 162 years Cannon has been made out to be the "bad guy" while Josefa was put on the pedestal as the innocent lady hanged. What if he wasn't the bad guy at all? How do we know for a fact that Josefa was the innocent one?

If that is the case, that means Cannon's memory has been tarnished all these years because the story wasn't told correctly. And that my friends, is not okay.  Look at the evidence, look at the facts. You have to think about all of the information before making your judgment. There are always two sides to every story.


J'aime Rubio (Copyright 7/8/2013)
Republished on "Stories of the Forgotten" blog: 3/28/2018

Wednesday, May 15, 2013

Cemetery Secrets- Headstone and Grave Symbolism Revealed


Have you ever walked around a cemetery and wondered what certain symbols or statues meant? I have been obsessed with cemeteries for quite some time and I frequent them quite often. During my times at certain cemeteries, I grew more and more fascinated with finding out the meanings for some of the beautiful and elaborate statues and stone designs on crypts and headstones.

This blog will touch on certain meanings of symbols one might find strolling along in a cemetery. I will also address more in depth meanings of statues that one may just overlook or assume is "art" for the the graves of those who have passed on.

 The Woman In Mourning-

In the first photo to the right (top photo), you see a woman looking downwards as if in mourning. She is holding a palm branch and is kneeling down just a bit. There is a large pot next to her that contains a plant. Well, at the time of this person's burial, they would have planted a century plant in it. A century plant (also known as an agave plant) symbolized immortality or everlasting life. Now sometimes you will find a live plant, while others might incorporate a statue of a century plant instead. The woman in the photo stands for sorrow, grief and mourning. While the palm branches she is holding stands for victory over death. Many times the woman may also have a fern branch in her hand, which then would mean sincerity and humility. In some cemeteries the woman is portrayed as a weeping woman, even crying and praying while looking upwards towards the heavens.

 The Angel-

A common statue one might find in a cemetery would be one depicting an angel. Many times the angel is female with her long flowing tresses and feathered wings. In this photo to the left, this angel is shown sad, sitting atop the family crypt protecting it while holding garland.  Angels in cemeteries symbolize protectors and people also thought of them as guides to heaven. The garland stood for ones victory over death.






 Lambs, Cherubs or Sleeping Children
A lamb atop a headstone

 One of the sadder symbols were the ones representing the death of a child. When you are at a cemetery many times you wish to imagine that these people lived long, happy lives before they died at an old ripe age, but sadly that isn't so. In fact, most of the graves you will find in an old cemetery will be of someone who died before the age of 18. In fact, it was so common for children to die that many times you will find several headstones pre-dating their parents deaths surrounding a family plot.
A child sleeping depicted the death of a small child

When a child died, their headstones usually depicted the age (down to months and days) of the child and usually had some sort of symbolism, whether it be a lamb, cherub, sleeping child or even just a carving of flowers (usually Daisies) on top or within the headstone itself. A carving of Daisies on one's headstone represented innocence, hence the reason they used them on many children's graves. Another symbol of the death of a child was the carving of two small empty shoes.


The Lady
 
The Lady (and her many symbols)-

In some historic cemeteries you will find statues of women and sometimes even men. In some cases the statues will depict the likeness of the deceased, while others use a standard statue with meaning behind it. Take this photo to your right as an example. The woman is atop an elaborate headstone. The woman has her hand raised towards the sky, with a closed fist. This symbolized strength and solidarity.



Another Lady
In the next photo just to the left, you will see a lady with her right hand over her heart and her left hand holding an anchor. The right hand over the heart meaning love of God and loyalty. While the anchor has two meanings, hope and eternal life. Many masons or sailors incorporated an anchor on their elaborate headstones. For masons, the anchor symbolized well-grounded hope.  Sometimes you might find a lady holding a cross, which stands for faith, while other times you might find a woman clinging to a cross which could mean that the family who buried them believed his or her "soul" was lost in sin, therefore the only hope for their "soul" was was through Christ.
 Masonic Symbols

Nearly every cemetery you go to you will find a masonic symbol, whether you recognize it or not. Here are just a few examples of masonic symbols:

symbol of Freemasonry
The masonic square and compass as seen in the photo to the right is the most common of all masonic symbols one could find in a cemetery. This particular photo comes from a grave of someone who died in the mid 1800s. Pyramids and the 'All Seeing Eye' (sometimes there is a sunburst coming from it) both depicted standard masonic symbolism. Anchors meant well grounded hope, a hand holding a heart meant charity (also used by IOOF), beehives meant faith, education, human industry and domestic virtues (also used by IOOF). A double-headed eagle and even a crown with a cross all have Freemason origins as well.

Masonic symbol
Another symbol of freemasonry is that of two hands shaking. This symbolizes the departing of ones life from its earthly existence. Basically, its allowing the departed to say his farewell to the living.

The Independent Order of Odd Fellows (IOOF)


Headstone of IOOF member
The Independent Order of Odd Fellows, also known as "The Three Link Fraternity", referring to the Order's "Triple Links" logo - three links contain the letters F, L and T, (Friendship, Love and Truth) derived from the British Odd fellows service organizations of the 17th century. Many masons are also odd fellows, or vice versa.

Friendship, Love & Truth (IOOF)

Urns symbolized the Soul
A pillar with an urn on it stood for remembering the soul. While an urn with a shroud placed upon it stood for mourning the soul.


 
A skull or skull and cross bones symbolized mortality and death. Other depictions of mortality and death were scythes and the grim reaper which meant the reaping of life, or death personified.



Hands

More cemetery symbols include the use of hands on headstones. An upward pointing hand stood for pointing up to heaven. While a downward pointing hand depicted God's hand descending down to earth. Hands reaching upwards towards another hand stood for God greeting the deceased. Hands praying stood for devotion, while hands writing stood for God writing that individual into the "Book of Life" as depicted in the Bible.

In my next blog I will touch on some more graveyard symbolism!

 J'aime Rubio (Copyright 5/15/2013)
Republished 3/28/2018 www.jaimerubiowriter.com
----
Photos were taken by J'aime Rubio
at Historic Jackson Pioneer Cemetery, Jackson CA
Historic Sacramento City Cemetery, Sacramento CA
Historic Stockton Rural Cemetery, Stockton CA
Copyright (2012-2013)

Saturday, April 6, 2013

The Rancheria Massacre- Part 4- Amador County



Photo: Huntington Library
After the death of Sheriff Phoenix, the men who were on the hunt after the bandits grew even more determined to catch every single one of them and make them pay for the damage they had caused. Marshall Wood, from Columbia, sent a telegraph to the posse telling them that they had detained several men that they suspected could be part of the gang. Now this is where some stories get confusing, I have read accounts that state the hanging of Rafael Escobar was before Sheriff Phoenix was shot dating it to be approximately around August 8th, but in fact the man who was hanged in Jackson on the Hangman’s tree on the 8th was an unidentified man, the 9th was Manuel Castro (according to some reports it was Manuel Garcia) and then on the 15th was the date that Rafael Escobar was hanged.

Being that the leader, Sheriff Phoenix, was dead and buried, now someone else had to step up to the plate and take charge. That person was George Durham. He knew who they were looking for, so he volunteered to take the lead. Once they arrived to where Marshall Wood had been detaining the men, George Durham was said to have recognized one of the men in the group.  He was a well educated man, who spoke English and formerly lived in Drytown.

 Hangman’s  Tree

Now this is where it also gets confusing, some papers and books claim his name was Rafael Escobar, while The History of Amador County by Jesse D. Mason claims his name to be Manuel Escobar. Now, let me also state that Rafael and Manuel were brothers (not to be confused with Manuel Castro (Garcia).

Other reports claim that on August 15th Manuel was hanged in Sutter Creek after being caught, and Rafael Escobar was hanged in Jackson at the Hangman’s Tree. Let me also add, Rafael was the last person ever to be strung up on Hangman's tree in Jackson. Later the tree burnt down in the big fire the swept through Downtown Jackson in 1862.

Manuel Castro (Garcia), who had been caught and injured (later hung on August 9th) had been the one who bragged to an Italian at Texas Bar that he had shot and killed the people at Rancheria, only to change his story and claimed he was merely standing outside while the robbery and murders were taking place. He also had given up the alleged names of his posse: Gregorio (a red-headed man) whom he supposedly met at Hornitos, Bonito, Waro (which I believe was misinterpreted and actually was “Huero”), Trinidad, Macemanio and Californio. Some other reports state: Bonito, Maciana, California and the two Manuel’s but no mention of a Rafael. There was even a mention of someone named Guadalupe Gumbo in a few other reports. I read one account where this Guadalupe character was mentioned as being the ring-leader. But then others claimed Gregorio made the group of bandits. It’s safe to say that over the years too much guessing has been done and very little facts remain as to who was actually in charge in this band of criminals. 

But, when it comes to the identity of Manuel and Rafael Escobar, which is it? Was Manuel Escobar and his brother Rafael in the same gang or not? Why is one or the other mentioned, but neither one at a given time was mentioned together in any of the newspapers? If not, then one of these brothers was more than likely implicated in the Rancheria killings just based on being related to each other. That would mean then that one of those men were hanged, unfairly.

As some of the records state, Durham questioned the detained man, who allegedly pretended that he couldn’t speak English. According to the newspapers, Durham told Rafael that Castro (some say Garcia) had “given him up” before dying, when the detained man then started spitting out vulgar language in perfect English. He then was taken to Jackson with Durham and some officers from Calaveras to be hung. Something else that should be noted is that Escobar never admitted guilt to Durham in Calaveras County or Amador County. Escobar pled that he was innocent the entire time. It was reported that Sheriff Clark of Calaveras claimed Escobar admitted guilt in his presence the night before, but there is no real evidence of this.

According to newspaper accounts, Rafael claimed that he was working at a house where the bandits stopped, and out of fear, he and the family “were compelled to feed them.” Remember, this is the same house Durham had visited the night they spoke to the lady and she motioned the curtain back to expose the bandits as they escaped out the back of the house. He claimed he had been there, and that Durham may have mistaken him for one of the bandits because he may have seen him that night at the house in Drytown. 

He also made the point that he stayed there at the house working without being arrested long after the men had run off and Durham had gone chasing after them. Newspaper accounts also state that Rafael said he had no prior knowledge that those men would attack Rancheria. He said that he passed through Jackson the next day and later was arrested in Columbia.  He attempted reasoning with the crowd, mentioning that when he was arrested in Columbia, that he was armed with 2 revolvers, and that he could have killed several people if he wanted to when he was being arrested, but knowing and feeling his own innocence he allowed himself to be taken without a struggle. He also attested to the fact that he knew several residents of Drytown and Sutter Creek who could testify on his behalf to prove his hard working and unblemished character.


 Hangman's Tree marker located on Main St
 in Downtown Jackson, CA.
The Sacramento Daily Union (8/17/1855) states that he knew he was “in the power of the Americans, and knew he had to die, and wished to have his face washed and hair combed, which favor was granted. He then said he would like to have a priest to confess himself; this being refused, he called for a “brandy punch,” which was given him. The crowd here became restless and impatient, and called for his hanging, which was immediately done.

The Mexican was “run up” and held there for a short time, then lowered, when great difficulty was encountered getting the rope loosed from his neck. It was finally cut loose; in the mean time he suffered excruciating pain, rolling his eyes about, throwing his head and body about at random, and making a loud gurgling noise with his throat. When the rope was taken from his neck he revived and asked for brandy and water, and said he would like to talk but it was of no use, as the people would believe nothing he said, and he wished they would kill him outright, or bring some of his friends. He said that if the Americans would arm themselves and take him with them he could point out every man that was connected with the Rancheria affair....……..the crowd, who could not hear half that was said, again became impatient and cried out “run him up,” which was immediately done, and he at this moment, twenty minutes after twelve o’clock, hangs suspended by the neck from the memorable limb of the old “hang tree.” His name was Rafael Escobar. This is the name of the man Garcia* said killed Mrs. Dimon** at Rancheria. We are in doubt whether this Mexican was really guilty. We do not wish to cast any reflection upon any of our citizens who had a hand in his hanging, but we do think they should have endeavored to obtain more evidence against him before proceeding so far. Hang all the guilty ones, but do not, for God’s sake, sacrifice the innocent!”
(footnote: * Garcia was actually Castro, and ** Mrs. Dimon was actually Mrs. Dynan)

The saddest part of this story is the fact that no one could really prove that Rafael was part of the gang. When he was arrested he didn’t resist as the other gang members did, why do you think? Because he knew he was innocent. What if you were arrested for something you didn’t do? And you knew that everything would turn out okay, because you figured since you knew you were innocent, that by explaining the truth that everything would work out okay right? Sadly, many times it doesn’t work out that way.

Rafael thought that if they would just listen to him, to get the witnesses who could testify on his behalf for his moral character that everything would be okay, but the crowd refused. They went on information that was vague and was a “deathbed confession” of a hardened criminal who had originally confessed that he had killed the people in Rancheria, but then pointed the blame on Rafael before his death. Would you have believed Manuel Castro? I wouldn’t have. Would I have believed Rafael? Perhaps. 

Besides, the Daily Alta California (8/11/1855)- Corroborates Rafael’s story by Manuel Castro’s own account. Rafael claimed he was working at the home that the bandits came to, and that by fear they were compelled to feed them. Well, by Manuel Castro’s own admission, he stated that he had been to that very house and had ate dinner there. 

I had to ask myself another question, why did the bandits go there? Well, it was said that Rafael and his brother Manuel Escobar were hanged on the same day, one in Sutter Creek, one in Jackson. So that means at least one of them was in the gang. Perhaps Rafael’s brother told his friends where they could go get food, and forced their company on the home where Rafael was working. It is also possible that when he had admitted he knew who the men where but was not involved, he was telling the truth. He was quite aware his brother was in the gang, but maybe he kept silent out of fear, knowing that if they knew he was related to one of the members of this band of criminals, it would only implicate him more.

I am still aggravated that the people in charge didn’t question the residents of Sutter Creek and Drytown who knew Rafael, who could have cleared his name, but instead they strung him up on that tree just like the rest of the criminals. Sadly, mob mentality in any race or country almost always has deadly outcomes.  I feel bad for this particular person Rafael, just like I feel bad for Puerto Vino, Jose and Trancolino who were hanged earlier in this story when the angry mob of residents believed James Johnson’s testimony that they had been involved in the Rancheria Massacre.  Some reports claim that up to 16 Mexicans were hung, the total is really unknown.

The Sacramento Daily Union (8/8/1855) stated:
 "How many Mexicans have been caught and hung it is impossible to say, seven to my knowledge have been hung, and how many have been killed by scouters, no one knows but themselves, and they won't tell."

Homes of Mexicans in Drytown, Rancheria and Sutter Creek  were burnt down. Even the church was torn apart and burnt to the ground. Soon after, Judge Hubbard adopted resolutions that sent the entire “Hispanic” communities heading out of the County. Those resolutions were:

·        The expelling all Mexicans and Chileans from the County unless there was satisfactory evidence of good moral character.
·        Mexicans could be arrested for ANY offense committed that they decided to charge them with.
·        No Mexican or Chilean were permitted to carry any deadly weapon.

In a previous story I wrote, “The ForgottenTown Of Contreras,” I speak of an old mining town in eastern Amador County, that became a literal ghost town between 1855-1860, after doing much research on the Rancheria murders, I have come to the conclusion that the people of Contreras may have decided to leave Amador County during this very hostile and dangerous time period. 

While Amador County was still in chaos, there was still some justice left to be served on one last real criminal in Jamestown. One day, a Mexican man from Algerine Camp came forward to the authorities that the person he believed had actually killed Sheriff Phoenix, and belonged to the group who were responsible for the Rancheria murders, was in hiding.

He claimed that the man came to him badly wounded and threatened to kill him if he didn’t dress his wounds and hide him.  He allegedly lowered the man down in a mining shaft where there was a tunnel with a rope and pulley.  The man was unaware that his whereabouts had been compromised so he was blindsided when the lawmen surrounded the shaft demanding him to surrender. They waited several minutes, with no response, so they finally gathered some brush together and set it on fire and threw it down the shaft to “smoke him out.” Minutes later they heard a gunshot. The last bandit had killed himself. 

In Conclusion



In this story we have heard the story of the six innocent people of Rancheria, (Mrs. Mary Dynan, Sam Wilson, Eugene Francis, Uriah Michener, An unidentified Native-American man and Daniel Hutchins) who were murdered and robbed. We have read about several heroes who stopped at nothing to bring peace to Amador County and a Sheriff who paid the ultimate price, laying down his life for justice.

I have also showed you the accounts of the wild shootouts where the “good guys” got the “bad guys”, where some of the criminals faced the consequences of their actions by “meeting their maker,” while others such as Puerto Vino, Trancalino, Jose and I believe Rafael Escobar were mistakenly judged and hanged unfairly. In the end, the bandits were caught and died, but how many others died in the process? Sadly, we may never know the extent of that.

Sheriff Robert Cosner
c/o Amador County Sheriff Dept.
The days of the "Wild West" are long gone, and with those days all that is left is the stories of cowboys and their tall tales.  In this story the hero, Sheriff Phoenix was shot down in the line of duty. He was the very first Sheriff of Amador County. According to the Amador County Sheriff’s website, the next in line as Sheriff was none other than George Durham in 1855 (and again later in 1867-1870). As interesting as it is, I recognized another name on that list of men, and that name would be Robert Cosner. He became Sheriff of Amador County from 1860-1862 and again from 1865-1866. If you recall in Part 1 of this story, Cosner was the volunteer who rode off into the night down Rattlesnake Gultch, attempting to reach Rancheria before the bandits had made their way there. Unfortunately, we know that he didn’t make it in time, and he was one of the first, if not the first one to discover the horrible aftermath that band of criminals left behind like a whirlwind of destruction. Perhaps, this event in Robert Cosner’s life inspired him to get involved in law enforcement, we may never truly know. Although, I would like to think so. 

I began researching this story a few years ago, and back in June of 2012, I spoke to Amador County Historian Larry Cenotto, before he passed away, and we exchanged emails about this very subject. I asked him his advice and his opinion about this story on how to sort all the accounts out to provide an accurate depiction of this story. I also mentioned what a dilemma I had faced trying to figure out if in fact Rafael Escobar was innocent and had been implicated in the crimes just for being related to a member of the gang.

Mr. Cenotto was very kind and told me, “It is clear that you have plumbed much deeper than I into this somber event.  I did the best I could then from newspaper reports and various letters which are in the county archives, which I founded.... I'm sure you have many readers of your blog, but I encourage you to write for an enduring audience in booklet or book form.  We should know more than we do. “-

I will cherish those words from Mr. Cenotto for as long as I live, because he gave me the encouragement to keep digging for answers. I am sad that I was unable to share with him this blog or the recently published book “Behind The Walls,” that I wrote about the infamous Preston School of Industry in Ione as I would have loved to have shown him. I dedicated my book to Mr. Cenotto posthumously because he was a great example for other historians to follow. History was certainly his passion, since he wrote so much about it and even founded the Archives in Amador County.  In the end Mr. Cenotto was right, he said we should know more than we do about our history. 

In the book The History of Amador County, the author Jesse D. Mason quotes Cicero when he says, It is the first law of history that the writer should neither dare to advance what is false, nor suppress what is true”.  

Lucian (170 A.D.) quotes: "The Historian should be fearless and incorruptible; a man of independence, loving frankness and truth; one who, as the poet says, calls a fig a fig and a spade a spade. He should yield to neither hatred nor affection, but should be unsparing and unpitying. He should be neither shy nor deprecating, but an impartial judge, giving each side all it deserves but no more. He should know in his writings no country and no city; he should bow to no authority and acknowledge no king. He should never consider what this or that man will think, but should state the facts as they really are."
 
And finally, J.B.J. Delambre once stated, "The historian owes the dead nothing but the truth."

For me I write about history, search and dig for the truth to speak for those who can no longer speak for themselves. I do it to show my respect and honor for those long gone, and tell their story as best and as accurately as I can so that they will never be forgotten. I also do this so that future generations will have something accurate to look at in reference to when they want to learn about the past, just as writers like myself do when we go to the archives, microfilmed newspapers and libraries to investigate and research. We must keep that cycle of knowledge going in order for us to secure our posterity. We must keep searching and writing down our history. If it is not done by us, then who?

(Copyright 2013- J’aime Rubio- Dreaming Casually Publications)

Thank you to Sheriff Martin Ryan
and the Amador County Sheriff’s Office for allowing me to use Robert Cosner’s photo.

Some of my sources:

History of Amador County- Jesse D. Mason, 1881

Sacramento Daily Union:

8/8/1855, 8/9/1855

8/11/1855, 8/13/1855,

8/14/1855, 8/15/1855

8/17/1855

California Bad Men: Mean Men With Guns- William Secrest

San Joaquin Republican 9/1855

Amador Ledger 3/1/1901, 12/31/1909

Jackson Sentinel 8/15/1855

Daily Alta 8/9/1855, 8/11/1855