The Vigilance Committee of 1856

by James O'Meara

The roll of Division No. 4 is thus given:

J. A. Collins, Commander, Geo. G. Whitney, 1st Lieut. W. H. Parker, 2d L't, J. H. Mallett, Orderly Sergeant, R. R. H. Rogers, Second Orderly Sergeant, Wm. H. Wood, Third Orderly Sergeant, Charles D. Cushman, Fourth Orderly Sergeant. Privates—D. Morgan, Jr., P. G. Partridge, John Burns, E. W. Travers. Giles H. Gray, Martin Prag, John Wright, James Wells, Jas. W. White, Judah Alden, Alfred Rix, J. W. Farrington, W. L. Waters, W. F. Hall, J. T. Bowers, J. L. N. Shepard, Lucius Hoyt, David Laville, H. A. Russell, E. Stevens, Theo. B. Cunningham, M. McMannis, Wm. H. Gibson, Edmund Keyes, George T. Bohen, I. M. Bachelder, R. T. Holmes, W. F. Shankland, B. Argyras, John R. Chute, John S. Davies, James McCeny, Geo. H. Tay, Sohn Bensley, L. Bartlett, Joseph W. Housley, Robert Wells, Samuel Fullerton, Newell Hosmer, J. J. Lomax, G. K. Fitch, Wm. Hayes, Robert A. Parker, Samuel Soule, A. Wardwell, Isaac E. Davis, M. McIntyre, F. E. Foote, Thomas A. Ayres, William K. Blanchard, J. F. Eaton, J. Frank Swift, J. O. Rountree.

These names of Secretaries of the Committees of the Executive Committee are added: On Evidence—J. H. Titcomb and D. McK Baker; on Qualification—E. T. Beals.

First, as to the cause or pretence for the organization of the Vigilance Committee: It is declared by its ex-members and supporters, or apologists, that it was necessary for the reason that the law was not duly administered; that the Courts, the fountains of justice, were either corrupted or neglectful of their duties; that Juries were packed with unworthy men in important criminal cases, that there were gross frauds in elections, by which the will of the people was defied and defeated, and improper and dishonest men, some of them notorious rogues, were counted in and installed in public office; and that there was a class of turbulent offenders who had the countenance, if not the support of judges and officials in high places, and who, therefore, felt themselves to be above or exempt from the law. Tennyson has well remarked that there is no lie so baneful as one which is half truth. So it is in respect to these alleged reasons for the organization of that Vigilance Committee. It is not true that the Courts were corrupt, neglectful or remiss. Judge Hager presided in the Fourth District Court, and his integrity and judicial qualifications, or judgments, have never been questioned or impeached. Judge Freelon presided as County judge; the same can be remarked of him. There was no material fault alleged against the Police Court. It is true, however, that in important criminal cases, and sometimes in civil suits, the juries were often packed. But why? I will state: Merchants and business men generally had great aversion to serve on juries, particularly, in important criminal cases, which are usually protracted; and the jury were kept in comparative close condition, because their time was too valuable, and their business interests required their constant attention. They preferred, therefore, to pay the fine imposed, in case they were unable to prevail upon the Judge to excuse them. Jury fees were inconsiderable in comparison with their daily profits; but it was the loss of time from their business which mainly actuated them. Yet these fees were sufficient to pay a day's board and lodging, and to the many who were out of employment, serving on a jury was the means to both. There is, in every large community, the class known as professional jurymen—hangers about the Court, eagerly waiting to be called. There were men of this kind then; there are more than enough of them still loitering about the Courts, civil and criminal. San Francisco is not the only city in the United States in which defendants in grave criminal cases have recourse to every conceivable and possible means, without scruple, to procure their own acquittal, or the utmost modification of the penalty, by proving extenuating circumstances, or that the indictment magnifies the crimes. This was true of 1856; here, as elsewhere in the land; it is equally true now. Had the merchants and solid citizens then drawn as jurors, fulfilled their duty to the cause of justice, to the conservation and maintenance of law and order, they would have had no cause or pretence for the organization which they formed. The initial fault was attributable to themselves; the jury-packing they complained of was the direct consequence of their own neglect of that essential duty to the State, in the preservation of law and order; and they cannot reasonably or justly shift the onus from themselves upon the Courts.

Concerning the frauds in election: yes, there were frauds, outrageous frauds, at every election; repeaters, bullies, ballot-box stuffing, and false counts of the ballots to count out this candidate and count in the one favored of the "boys." More than one member of the Vigilance Executive Committee had thorough knowledge of all this, for the very conclusive reason that more than one of them had engaged in these frauds, had not only participated in them directly and indirectly, but had actually proposed them; employed the persons who had committed the frauds, and paid these tools round sums for the infamous service. The reward of these employers and accessories before, during and after the frauds, was the office that was coveted; and the "Hon." prefixed to their names was as the gilt which the watch stuffer applies to the brass thing he imposes upon the greenhorn as a solid gold watch. Out of the Committee, of the Executive Committee, the detectives of that body might have unearthed these honorable and virtuous purifiers and reformers; with them, perhaps others whose frauds were no less wicked and criminal; but in business transactions, and not in political affairs. One of the Executive Committee had served his term of two years in the Ohio State Prison for forgery; here in San Francisco he had, during two city elections, been the trusted agent and disburser of a very heavy sack in the honest endeavor to secure the nomination, and promote the election, of his principal to high office, yet this pure man was honored by his associates of the Committee, and became singularly active in pressing the expatriation of some of the very "ruffians and ballot-box-stuffers" he had patronized and paid. He had learned that "dead men told no tales." This pure-character did not stand alone in his experience of penal servitude, as birds of a feather, and he was under no necessity of examplifying Lord Dundreary's bird, to go into a corner and flock by himself. That some turbulent offenders, and largely too many of them, defied the law, is likewise true. But that they were countenanced or favored by the Judges, is utterly without truthful foundation. And it is remarkable that, of all the men hanged or expatriated by the Committee, only two had ever been complained of or arraigned before the Courts for any crime of violence; not one of them all had been here accused or suspected of theft or robbery, or other felony. This is more, as I have just above stated, than can be said of some of the forty-one members of the Executive Committee. And among the members of the rank and file of the five thousand or six thousand enrolled upon the lists of the Committee—of natives and English-speaking citizens or residents—there were scores of scoundrels of every degree, bogus gold-dust operators, swindlers and fugitives from justice. Of the members of other nationalities—some of whom had not been in the country long enough to acquire English—I have no occasion to pass remark; but the fear of communism and disturbance, from the increase of its incendiary votaries in our country, east and here, cannot be lessened or composed by the recollection of the conduct of many of the same nationalities who then swelled the ranks of the Committee troops.

Chapter II.

Saturday Nov. 19, 1855, between 5 and 6 o'clock, the community was startled by the report that General Richardson, United States Marshal, had been shot dead by a gambler. The shooting occurred on the south side of Clay street, about midway between Montgomery and Leidesdorff streets. The fatal shot was fired from a deringer pistol by Charles Cora. Cora was a gambler, yet he did not look the character. He was a low-sized, well-formed man; dressed in genteel manner, without display of jewelry or loudness; was reserved and quiet in his demeanor; and his manners and conversation were those of a refined gentleman. I first saw him at the Blue Wing, a popular rendezvous for politicians, on Montgomery street, east side, between Clay and Commercial streets, and my impression then was that he was a lawyer or a well-to-do merchant. General Richardson was a morose and at times a very disagreeable man. He was of low stature, thick set, dark complexion, black hair, and usually wore a bull-dog look. He was known by his intimate friends to be a dangerous man as a foe, and he always went armed with a pair of deringers. The Thursday night prior to the shooting General Richardson and Col. Jo. C. McKibben, afterwards member of Congress, were at the Blue Wing in company. After midnight Richardson went out for a moment on the sidewalk. A man passed him, made a jocular remark and entered the saloon. Richardson followed him in, and asked of Perkins his name. He had been drinking heavily. McKibben prevailed upon him to start for his home. It was on Minna street, near Fred Woodworth's, just above Jessie street. Jo. accompanied him most of the way. Richardson spoke to him of an "insult" he had received from "that fellow Carter"—as he seemed to think the name to be—and declared his purpose to make him answer for it. McKibben knew Cora, and that Cora was the man to whom Richardson referred; but he likewise knew enough of Richardson to not correct him, and let him believe that "Carter" was the name, in the hope that, in his condition, he would either not think of the occurrence the next day, or would not be able to recognize Cora if he did. The following Saturday afternoon a party of us—Jo. McKibben, John Monroe, Clerk of Judge Hoffman's Court, E. V. Joice, Pen. Johnston, Josh Haven and myself were in the Court Exchange, corner of Battery and Washington streets. Richardson came in while we were there, and was in drinking humor. He became sullen and, as we all knew his nature, it was quietly agreed among ourselves that we would leave and try to get him away. He was devoted to his wife, whom he married in San Francisco. McKibben and myself accompanied him on his way home, as far as the old Oriental Hotel, within a few blocks of his residence. There he insisted on a "last drink," and we left him—he to go straight home. It turned out that he did not. He brooded over the "insult" of Carter, as he still called him, and made his way to the Blue Wing to find him, Unfortunately he found Cora there. He called him out, and, as one man wilt lead another by his side, walked with him around the corner into Clay street, halting just in front of the store of a French firm—I do not remember the name—and so managed as to put Cora on the iron grating, of the sidewalk inside, with his back to the brick wall of the store. Cora had not the slightest idea that Richardson had taken offence at his remark on Thursday night—for it was in no light offensive or insulting but simply a bit of ordinary pleasantry, and therefore, he was not aware of Richardson's object in asking him to come out from the saloon. But many of Richardson's intimate friends, who felt his death keenly, and were at that time disposed to the extreme penalty of the law upon the man who shot him, after due reflection and deliberation came to the conclusion, that under the circumstances, standing as he was placed before Richardson, who stood with his hands in his pockets, and a deringer in each pocket, pressing his demand on Cora, the latter had one of two things to do: either to kill Richardson or allow Richardson to kill him.

There were not many on Clay street, near the fatal scene, at that hour, but the discharge of Cora's pistol soon brought several to the spot. Richardson's body was carried through the side-door entrance on Clay street, into the drug store then on that corner of Montgomery street, and there hundreds viewed it. Cora was taken in charge. Dave Scannell was Sheriff. That excitement over, the feeling increased every hour, and many urged the summary hanging of Cora. Scannell had duly prepared for all this, and order was preserved, although several hundred men formed in line and proceeded to the County Jail to force their way in, seize Cora and hang him forthwith. Sunday morning the excitement had diminished in spirit of violence, but had increased in volume and disposition to bring Cora to justice. Eminent lawyers, the personal friends of Richardson, had already volunteered to assist in the prosecution of the man who shot him. The application of Cora's friends to several of the most noted criminal lawyers in the city, to defend him, was in many instances declined. Cora had one to his support, however, who proved more successful in engaging counsel in his behalf. This was the woman known as Belle Cora, the keeper of a notorious house, with whom Cora lived. She was rich and possessed of indomitable spirit. She was devoted to Cora. In this connection I will relate that which Governor Foote imparted to myself and J. Ross Browne, on a trip to Oregon, late in the summer of 1857. It was substantially this. Belle Cora had gone herself to the law office of Colonel E. D. Baker, to engage him as counsel for Cora, and had succeeded. The fee was to be $5,000; one-half this sum was immediately paid to him. She then applied to Governor Foote to engage him to assist in the case: He declined, but assured her that he should not appear for the prosecution. In a few days, on account of the intense popular feeling toward Cora, and also because the law partner of Colonel Baker had strenuously objected to his acting as counsel for Cora, as it would greatly damage their professional business the community, Baker and their personal standing in called upon Governor Foote and requested him to see Belle Cora and apprise her that she must employ some other counsel; that he felt that he must withdraw from the case—the $2,500 already paid would be returned to her. To extricate his professional brother from his unpleasant situation, Governor Foote consented to undertake the disagreeable mission. The woman was immovable in her determination to keep Colonel Baker to his engagement. And she intimated in terms not to be misunderstood that she was determined that he should fulfill his obligation. Colonel Baker was a man of dauntless courage in facing dangers of human quality; but he was in constant fear at sea; and it seems there was another quality of peril which overmastered his intrepid spirit. When Governor Foote related to him the result of his mission, he advised the Colonel to see the woman himself. Colonel Baker did go, Governor Foote accompanying him. The Governor said he had never witnessed such a manifestation of a woman's power and irresistible influence. Belle Cora was inspired to the height of heroism, in her devotion to Cora, her purpose to secure his acquittal and prevent his sacrifice. She first appealed, implored, begged Colonel Baker to stand by his engagement. He making no response, and seeming not to yield, she commanded that he must, that he should. She would double his fee. She would have him appear as Cora's counsel, if he did no more than sit in Court with Cora near him, and speak no word at all. But go in Court and have it known that he was Cora's counsel, he must. She was inflexible in this. And when the day of trial came Colonel Baker did appear, together with General James A. McDougall, Colonel James and Frank Tilford—as counsel for Charles Cora, and it was on that trial that he made the most eloquent and extraordinary argument and plea of his life in a criminal case. It was not a packed jury in Cora's case. Care had been taken to empanel only good, respectable citizens, some of whom, a short time afterward, became members of the Vigilance Committee, and in great or less degree participated in the seizure of Cora from the county jail and in his condemnation and execution. Three of the jury were prominent Front street merchants. Notwithstanding all the feeling against Cora, the popular unrelenting prejudice, and the great preponderance of the foremost legal minds of the San Francisco Bar, to his prosecution, Alex. Campbell, General Williams and Colonel Sam. Inge, U. S. District Attorney, to assist the public prosecutor, the jury disagreed, and of the jurors who held out against a verdict of guilty of murder were three Front street merchants and others of equal high standing in the community. Cora was held for another trial, and it was while awaiting this that he was seized by the Vigilance Committee, taken to their rooms and hanged.

The excitement consequent upon the killing of Richardson did not culminate in the formation of a Vigilance Committee, similar to that of 1851, but it influenced the public mind in that direction. It was the piling of the combustibles which required only the next spark from the electric battery to fire the heap to consuming flames. There were still in the city a round number of the early Vigilance Committee which had ridden San Francisco of the "Sydney thieves;" some who had also, in 1849, suppressed the "Hounds;" and they were prepared again to meet violence and lawlessness with the stronger arm of organized force and the quick, sharp vengeance of the lex talionis.