Showing posts with label Felipe Alvitre. Show all posts
Showing posts with label Felipe Alvitre. Show all posts

Saturday, September 3, 2016

The Los Angeles County Board of Supervisors and Criminal Justice, 1855

In 1854-55, the third full year of the operations of the Los Angeles County Board of Supervisors, there was some reference early in the new year to the drama surrounding two murderers arrested in the fall of 1854 and then tried and convicted for their crimes.

These were Felipe Alvitre, who ambushed and killed James Ellington on what is now Valley Boulevard in El Monte, and David Brown, a short-term constable earlier in the decade, and who murdered Pinckney Clifford in a Los Angeles livery stable.  In addition, an El Monte dispute involved William B. Lee killing Frederick Leatherman and he, too, was convicted of the crime.

Lee and Brown were able to successfully appeal their death sentence and District Court Judge Benjamin Hayes, who tried all three cases, wrote in his diary that Alvitre's appear was delayed getting to the state supreme court.  So, when Alvitre was taken out for his legal execution in the jail yard and Lee trembled in his boots, a howling crowd stormed the jail, pulled Brown from his cell, sparing Lee, and hung him from the same gallows used for Alvitre.

Although the supervisors' minutes make no direct reference and, in fact, there is a gap of four months from the week just prior to the execution and lynching to early May, there are some notations about the cases.

At the 2 January meeting, for example, a bill was submitted from an unknown person who went hunting for Henry Hancock, best known for his surveying of regional ranchos for land claims cases, and who was a witness in the William B. Lee case, the dispute being over property boundaries.  William G. Dryden, a justice of the peace and later county judge from 1856-1869, submitted a bill for his role in Alvitre's defense, though this was disallowed for unspecified reasons by the board.

On the 3rd and the 6th, there were bills from jailor Francis J. Carpenter and Thomas Gordon for guarding the facility, though whether this was over concern for the safety of Alvitre, Brown and Lee is not stated.  On the latter date, there was a discussion amongst board members about paying the jurors their fees in the Lee case because the bill presented did not state whether Lee was convicted or acquitted.  Notably, the fee charged by County Clerk John W. Shore for writing up the transcripts and record of action in that matter totaled nearly $300, indicating how much work he had to do to document what took place in the case.

There were other matters including a report from District Attorney Cameron E. Thom that the title to the Rocha Adobe, which included the court house and city and county offices, was "vitally defective," though how was not indicated.  Thom was authorized by the board to take steps to quiet title and to let the City of Los Angeles know where the situation stood.

Then, there were the continuing large expenses involved in criminal justice administration.  For example, on 3 January, Sheriff Barton and jailor Carpenter submitted bills for their fees and expenses totaling over $1800 and Shore had hefty bills to present, as well.  The next day, P.C. Williams asked for payment of about $800 for repairs to the room of the District Court in the Rocha Adpbe.  As noted in recent posts, the financial picture was often precarious for the city and county in this period because of low revenues and major expenses in the administration of justice.

This article from the Southern Californian on 11 January 1855 discusses the recent meetings of the Los Angeles County Board of Supervisors, including the fact that the board "audited and passed some $9000 of accounts, refusing some $2,000 or moe, which appeared to have been uncalled for and illegal."  While praising the board for its economizing, the paper also questioned decisions to disallow bills that could still be collected on a court order, racking up additional expenses.  The paper then complained about the refusal of the supervisors to allow one of its bills, while granting a similar one for much more money from its rival, the Star.
It is not clear why the minutes suddenly stopped on 6 January and did not resume until 8 May.  It is possible that, in the tumult surrounding the Alvitre/Brown affair, the board decided to postpone meetings for a time, but it seems inconceivable that there would be a cessation of record for that long. But, when the board met on 8 May, Williams submitted a bill for repair of the gallows and for the furnishing of a coffin, on order of Barton, for Alvitre.

Moreover, something of a backlog, suggesting meetings postponed for a lengthy period, are indicated by the submission of bills by Carpenter for $3000 at that meeting, on top of Thom's district attorney bill for $900 and about $600 requests by Barton.

The 8 May meeting also included a bill sent it by an unknown party or parties for the arrest at San Juan Capistrano for Jose Buenavida, Juan Gonzales, and Juan Flores.  The latter two were tried on 14 April at the Court of Sessions for grand larceny in the theft of three horses from teamster Garnett Hardy and were sent up to San Quentin.  In October 1856, the two escaped and Flores returned to San Juan Capistrano to wreak more havoc.  In early 1857, Flores, his co-captain Pancho Daniel and about a dozen other men ambushed Barton and a small posse searching for the gang, setting of a massive manhunt and series of executions that have been discussed here previously.

The next two days featured additional meetings, which may be indications of the long delay in gatherings of the board.  More bills were presented from William B. Osburn as both justice of the peace and jail physician, by a constable named Henry E. Lewis, from jailor Carpenter and from then-constable Alfred Shelby, who became marshal later in the year and, as noted here before, fled for Mexico when he killed a man while on duty and jumped bail before his trial.  There were orders to repair the jail, as well.

As stated here previously, payments to officials were sometimes down on scrip or warrants, which guaranteed future actual outlays for approved expenses.  On the 10th, with respect to Carpenter, the board authorized the county auditor "to indemnify him in accordance with an agreement with the Board, for the Discount that he has to pay on the account of Warrant No. 23—in order to make said warrant equivalent to cash, payable out of funds for current expenses,"  

Similarly, in July the board approved a warrant of $163.68 to Carpenter "to reimburse him for the discount on scrip issued to him . . . in order to make the same equivalent to cash."  This gives an indication of how expenses were met under the tenuous financial circumstances the county perpetually faced.

At the September election, there was a notable referendum presented to the voters of the couty, which was whether liquor should be abolished in Los Angeles County.  There were undoubtedly many reasons why temperance-minded sponsors would bring this to their fellow citizens and one might well have been the concern about the role of alcohol in the high rates of crime experienced in the region.  Yet, the vote was 606-75 against the imposition of such a law--this was about a resounding a defeat as could be imagined!

Notably, James R. Barton decided not to run for reelection as sheriff, after three years in the dangerous office, but did try for another term as supervisor, but he finished sixth, just missing out on a seat.  The new sheriff was former supervisor and board president, David W. Alexander, who edged out a victory over Deputy Sheriff George W. Work 

Other interesting result was in the race of justice of the peace in San Gabriel, where disgraced former Los Angeles marshal Alviron S. Beard was edged by ten votes, losing to future county sheriff James F. Burns (who was in office during the notorious Chinese Massacre of fall 1871). In early 1856, Beard was arrested and charged with allowing gambling at his home, but the indictment was set aside and the case dismissed.

The latter part of the year featured more news about the poor condition of the Rocha Adobe and the court house room, specifically the need to repair the roof, likely brought up before expected winter rains.

At the 7 November meeting, the problem of meeting jail expenses again came up when Carpenter submitted bills totaling nearly $2500, more than half of which was for prisoner maintenance.  The board resolved "to make his compensation equivalent to cash, as per previous special contract with the Board of Supervisors."  The jailor then appeared before the board to appeal this and it was declared that the contract was voided and that his payment "not be equivalent to cash" except for the portion related to prisoner maintenance.

Carpenter then appeared ten days later to request ventilation for his apartment at the jail, because he had his family living there with him and he claimed that they were ill, submitting a certificate fron Dr. John S. Griffin acknowledging this to be the case.  The board's building committee was asked to promptly address the matter.

With that, we'll continue the next post with the work of the board in 1856.

Thursday, June 30, 2016

The Los Angeles Common Council and Criminal Justice, 1855

In late 1854, a spate of murders rocked the city and county of Los Angeles.  Three, in particular, struck a chord with residents frustrated with continuing high rates of violence and the seeming inability of local officials to respond effectively.

One incident involved a feud in El Monte, in which Frederick Leatherman was shot and killed by William B. Lee.  While El Monte was known for its violence, due in no small part to a "culture of honor" practiced by its large population of men from the Southern states, this crime took place in the context of a pair of other high-profile homicides.

Just east of El Monte, across the San Gabriel River, which at the time flowed in the channel of today's Rio Hondo, James Ellington was found dead along what is now Valley Boulevard and Felipe Alvitre, a member of a large Californio family which settled in the Misión Vieja community, south of El Monte, was tracked down and arrested for the crime.

Finally, there was the shooting death of Pinckney Clifford in a Los Angeles livery stable by David Brown, a former constable who lost an election for city marshal in the early 1850s.  Brown was known for his criminal dealings and this incident occasioned a public meeting at a hotel, in which an immediate lynching seemed to be a consensus view until mayor Stephen C. Foster arrived.

Foster was an arrival from Maine in the Mexican era, married a daughter of redoubtable rancher Antonio María Lugo, and an alcalde (roughly mayor) in the transitional period after the American conquest of Alta California.  When Foster mounted a table to deliver an impassioned speech insisting that the courts be allowed to try the case and demonstrate their ability to delivery justice, talk of lynching ceased.  It helped that Foster offered to resign his office and join the vigilantes should justice be denied.

Given this popular sentiment and the blatant support of extralegal justice by the new weekly paper, the Southern Californian, it may not be surprising that a District Court jury quickly found Lee, Alvitre and Brown guilty of first-degree murder and sentenced all to be hung.  Lee and Brown, however, had stays of execution granted by the state supreme court and it was said Alvitre's request was misdelivered en route.

Lee did not appear to engender the emotion, though, that Brown did.  So, when Alvitre was legally hung in early January 1855 and Lee trembled in his cell, but went untouched, the growing crowd outside the jail bayed for Brown's blood.  Sure enough, Foster arrived, resigned his office, took up his place in the mob and participated in Brown's lynching.

On 13 January, the Los Angeles Common [City] Council received a written resignatin from Foster and promptly called for a special election to replace him for the 25th.  However, harsh words were offered for Marshal George W. Cole, who'd been elected the previous spring.  The council issued a resolution condemning
the improper conduct of the Marshal of the City, of which the council is satisfied, resolved, that the office of Marshal is hereby declared vacant, and that the same be filled by election on the same day & time that the Mayor should be elected.
Cole clearly did not, in the council's view, offer much of a resistance to the mob that took Brown from the jail to his doom.  The council appointed John H. Hughes, who had been a special policeman on appointment from the body, to be an "agent of police" while the marshal's office was vacant.

Less than a week later, council member and former mayor Antonio Franco Coronel resigned, though his reason for so doing was unstated.  Notably, the same day, 19 January, a petition was received by the council from 150 citizens calling for a reduction in the license issued for selling liquor.  Given that a goodly proportion of the violence in Los Angeles came from intoxication, this effort did not bode well for efforts to reduce mayhem in the City of Angels.

This 7 March 1855 article from the Southern Californian lambasts its rival, the Star and its "Waite-ty" editor, James S. Waite, concerning "Indians and Sonorians" who escaped from the city and county jail and who Waite felt were the main participants in the lynching of David Brown in mid-January.   The Southern Californian, however, noted that "some of our most worthy citizens" were involved in the hanging, while not naming Mayor Stephen C. Foster., who resigned his seat to participate and was rewarded by being reinstated by voters at a special election days later.
The day after the election, the council met and was informed that the successor to the vigilante mayor was none other than Foster himself.  Unquestionably, enough of his fellow citizens supported his actions to deliver him back to office comfortably.  The new marshal was Alfred Shelby.

The business of the council was quiet and mundane for a period, though a new citizen militia, the City Guards was formed in those first weeks of 1855, likely as a response to the increase in crime.  In March, the council resolved to pay the paramilitary organization $50 "to be appropriated towards the payment of rent, exclusively for such length of time as said corps shall act in conjunction with the City authorities whenever called upon in support of the laws and the peace of said city."  By April, the City Guards had its headquarters in the home of Francis Mellus, who had recently vacated his council seat to serve in the state legislature.

In May, the annual elections were held and Stephen Foster did not stand for reelection.  His successor, Thomas Foster, was a doctor who was unrelated to his predecessor and who defeated council secretary William G. Dryden in a narrow contest of 192-179 votes.  The following year, 1856, Stephen Foster returned to the mayoralty and Dryden won the first of several terms as county judge.

Thomas Foster's message was the first to be printed in the council minutes and noted "the unrighteous traffic in spirits carried on between small vendors and Indians . . . [which led to] the disgusting scenes too often witnessed in our streets."  Foster, therefore, sought to more strictly enforce ordinances concerning this trade.  He also made reference to the fact that "the crimes of former years are fast departing from our midst" and added that "I would fain hope that under the benign influence of our equal laws, and by a just and fearless administration of our Municipal government, peace and prosperity may reign uninterruptedly."

Pretty words, to be sure, but hardly reflective of the reality of Gold Rush-era Los Angeles, but it was true that, after the tumult of the first days of the year, matters did settle down appreciably for most of the rest of 1855.

In fact, one of the principal items of busines in the middle portion of the year had to do with the continuing poor conditions of the city and county jail only lately built in 1854.  For example, when a committee of the council was assigned to report on the need for a reconstruction of the privy, the response was that such work was not possible.  Therefore, the council ordered the jailor, Francis Carpenter, "to purchase such vessels, as are indispensably necessary for the use of city prisoners confined & under his charge in the City Jail."  This seems to indicate the use of chamber pots!

Then, in late July, there was the need for the county to ask for the city's help in rebuilding "the fallen adobe wall which encloses the City and County jail" and city prisoners were requisitioned to help with that project.  Towards the end of the year, mundane business continued concerning the City Guards and support from the city, the need to extra policement to assist Marshal Shelby in September, a petition of citizens to repeal the onerous ordinance limiting horse riding to 5 miles per hour or less on city streets, and vacancies that cropped up on the council.  By the end of the year, city attorney Lewis Granger reported to the council of "a growing evil" in the theft of cattle within the city and a committee of attorney and council member Ezra Drown and Henry Uhlbrook wer called upon to investigate this issue.

At the same meeting, Marshal Shelby was granted an extraordinary leave of absence of six weeks starting 8 December.  As the new year dawned, Shelby wound up being another of those city marshals who proved to be a problem for the city--that story is coming soon.

1855 came to a close with Common Council member Paul R. Hunt got into a battle royale with jailor Francis Carpenter that including Hunt shooting and nearly killing Carpenter, as noted in this 22 December 1855 article.
Meanwhile, the year ended with a brawl between councilman Paul R. Hunt and jailor Carpenter, reported in the Star of 22 December, "for no other reason, as we are informed, than because Hunt voted against allowing a certian bill that Carpenter had presented to the Board for approval."  When Carpenter was found guilty of simple assault before a Justice of the Peace, Hunt, not satisfied with the $10 fine and costs that served as the sentence,
armed himself, and meeting Mr. C. last Saturday near the Court House, without any warning whatever, shot at him, wounding him severely, the ball passing through his arm and lodging in his side.  Although for a time the wound was considered fatal, we are happy in being able to state the Mr. Carpenter is now recovering . . .
It was bad enough to have criminals roaming the streets of Los Angeles in significant numbers, but to have a council member, jailer and marshal all engaging in their own forms of criminal mischief,  Thomas Foster's claims of better days were clearly belied!