Showing posts with label William W. Jenkins. Show all posts
Showing posts with label William W. Jenkins. Show all posts

Sunday, September 4, 2016

The Los Angeles County Board of Supervisors and Criminal Justice, 1856

The year 1856 marked the fourth full year of the existence of the Los Angeles County Board of Supervisors.  One of the newer elements of the minutes that started around this time was lists of jurors called for the several courts.

For example, the meeting of 9 February provided names of jurors who served in the lates term of both the Court of Sessions (renamed the County Court in 1864) and the District Court.  As noted here before, the Sessions court heard most criminal matters, excepting the most serious, such as murder, rape and, sometimes, arson, which were heard at the higher-level District Court.

At this meeting there were two dozen men attending each court and a breakdown of general ethnic categories, stated for this blog as "Spanish-language surnamed" and "American and European", showed that 9 of the 24 at the Court of Sessions and 4 of the 24 at the District Court had Spanish-language surnames.

The 4 June meeting provides lists of 55 jurors for the Sessions court and a dozen for the District Court.  In this case, while 10 of the Sessions jurors had Spanish-language surnames, 9 of the 12 at District Court did.  On 6 August, all dozen list jurors for the Sessions court were American or European.

With the unusual proportion of Spanish-language jurors at the District Court, as reported in early June, the total representation of 127 listed jurors for the year showed 32 had Spanish-language surnames, or about 1/4 of the total.

While Spanish-speakers were a solid majority of the population of the county then, it should be remembered that jurors were taken from the rolls of taxpayers in the county.  However, state law also provided that jurors were to be selected at random from those rolls according to specific instructions, though whether statute was complied with is another matter.

It has been stated by some historians, notably Richard Griswold del Castillo in his 1979 work Los Angeles Barrio that the low proportion of Spanish-surnamed jurors meant that defendants of the same classification could not get justice in Los Angeles' courts.  Del Castillo's analysis of jury composition largely squares with what this blogger has found.  The problem is that jury composition is only part of the equation--the better portion is to look at those cases that contain dispositions and then see what the conviction and acquittal rates show.

In hundreds of cases analyzed by this blogger, it was found that conviction rate differences between Spanish-language surnamed and American and European defendants actually narrowed over time, even as jury composition became even more skewed towards Americans and Europeans.  This runs counter to del Castillo's assertions, though it has to be said that there were many cases without disposition, some missing, and, besides, the dynamics of what drove any individual jury set to decide a case cannot be easily squared with statistics, either way.

As noted in the last several entries, financial matters also are a crucial part of what is found in these minutes, especially because criminal justice administration took up the lion's share of the county's expenditures and because, all too often, revenues were just not enough to keep pace.

Much of the expense had to do with maintenace of the jail, but sometimes revenue shortfalls came into place.  So, at the 11 February meeting, Francis J. Carpenter, the jailor had over $1600 in bills, but for the lion's share of that, he was expended 60 cents to the dollar "equivalent to cash," which sounds like scrip (or, basically, an IOU).  Yet, the next day, the board agreed to raise Carpenter's daily rate of compensation to $5.33.

On 3 June, he issued a claim to the board for another $1444.16.  Two days later, the board voted to issue more scrip to Carpenter for his bills.  In November, after another round of submitted bills by the jailor, the board voted to give him just 40 cents to the dollar in scrip.

Another financial matter had to do with the Rocha Adobe, which was purchased by the county from merchant Jonathan Temple in 1853 and which housed the courts and city and county offices.  In the courtyard behind the adobe which faced Spring Street, the two-story city and county jail was located.  In 1855, there had been an issue with a clear title and it appears that unresolved matters continued into 1856, because at the 12 February meeting, Luis Jordan presented a claim based on an assignment of an interest in the lot given to him by Antonio F. Rocha before the sale.  After discussion, the board agreed to give Rocha a receipt for $500 for a joint warrant on the property to settle Jordan's claim.

For unknown reasons, there are gaps in the record from 12 February to 5 May and then again to 2 June.  An interesting problem that confronted the supervisors in early June was a sudden spate of vacancies in the most of the justice of the peace offices in most of the county's townships, either because of resignations or failure of qualifications discovered quite a bit late after the September 1855 county election.

This map from about the 1890s, shows downtown Los Angeles from Temple Street, top (north) to above First Street, bottom (south) and from Main, right (east) , to Broadway, left (west.)  The court house and jail in the Rocha Adobe, bought from Jonathan Temple, from 1854 on were located at the corner of Spring Street and what was called Jail or Court and then later Franklin Street at the lower center, where the Phillips Block No. 1, built by Pomona-area rancher Louis Phillips, is shown.  Note that the 1889 Court House was moved just slightly northwest of the Rocha Adobe site and due west of where the courthouse was located in Temple's Market House, on which site the Bullard Block was built about 1890, between Market and Court streets at the right center.  The Bullard Block and Temple Block, to its north, sites are now where city hall is located and Main and Spring have been straightened.
In any case, the board quickly appointed replacements for the remaining couple of months before the upcoming election.  One for the sparsely populated northern reaches of the county in the Tejon Township, where Fort Tejon had recently been founded, was Samuel A. Bishop.  Bishop, a native of Virginia, was a Gold Rush '49er who became involved in Indian wars and the transfer of natives to a new reservation in the Tejon Sinks.  He acquired to Rancho Castac [Castaic] and also briefly had a ranch in the upper Owens Valley during the early 1860s, for which a new town, Bishop, was named in his honor.  He lived in San Jose until his death in 1893.

At El Monte, Elijah Bettis, who came from Missouri to the "American town" settled a few years earlier, became the justice of the peace.  He left the office later to become deputy sheriff to James Barton, who lost his reelection campaign to the board of supervisors, but won election returning him as sheriff.  When Barton gathered a small posse just a few weeks into his term to hunt bandits at San Juan Capistrano, he left Bettis in Los Angeles and then was massacred with his compatriots.   Bettis became sheriff and served until the term was up and was later water overseer for Los Angeles.

Russell Sackett, the appointee for Los Angeles township, outside the town limits, was from New York and was an attorney there before he came to California in the Gold Rush and wound up in Los Angeles.  He practiced law, was superintendent of public instruction, postmaster and a one-term member of the state assembly, in addition to being a JP.  He died in Los Angeles in 1875.

San Pedro township's appointed justice was Thomas Workman, whose family arrived in 1854 from Missouri to join Thomas' uncle, William, co-owner of Rancho La Puente in the eastern San Gabriel Valley.  Although only 24 years old Workman demonstrated administrative ability and was a valued employee, as chief clerk, of Phineas Banning and his growing mercantile empire at the harbor area.  Workman, who lost a run for county clerk in the early 1860s, died in the April 1863 explosion of the steamer Ada Hancock, owned by Banning.

At San Juan Capistrano, Irish-born Thomas J. Scully, accounted as the first teacher in what later became Orange County and who married into the prominent Yorba family, was appointed JP, while he was engaged in his teaching duties.  He later lived in Corona in what became Riverside County and died there in 1895.

Yet another justice of the peace vacancy opened up in late October, when Los Angeles township JP Alexander Gibson died and Thomas F. Swim was appointed in his stead.

In the 3 June minutes, there was mention made in the minutes to 21-year old William W. Jenkins as a deputy constable--meaning that, unlike constables, who were elected, Jenkins was appointed by the local justice of the peace.  Jenkins, whose mother and step-father Elizabeth and George Dalton (the latter's brother was Henry Dalton, owner of several San Gabriel Valley ranches), came to town earlier in the decade and joined, at age 18, the Los Angeles Rangers, when the organization was formed in 1853.

A little over a month later, Jenkins was given a writ of attachment for a $50 debt in a civil matter before justice of the peace Gibson to serve on Antonio Ruiz.  When Jenkins tried to seize a guitar to satisfy the write, a struggle broke out with Ruiz and his common-law wife, and Jenkins shot and killed Ruiz who grabbed the deputy constable from behind during the altercation.

In the aftermath, a group of Latinos and French residents of Los Angeles gathered on a hill above the jail where Jenkins was confirned, after initially being freed on his own recognizance without bail, and tensions rose to a point where a riot was feared.

Eventually, after Marshal William Getman was grazed by a bullet in a foray to determine the position of those on the hill, the situation calmed.  Jenkins was acquitted on a manslaughter charge as was alleged ringleader of the hilltop gathering, Fernando Carriaga, tried for intent to incite a riot.

Notably, the board suspended meetings for a time, almost certainly because of the state of emergency that gripped community leaders during the Jenkins-Ruiz incident.  Moreover, Sheriff David W. Alexander resigned, though whether it was because of the incident is not known--Alexander did relocate to a ranch at the base of the San Joaquin Valley where he remained for some years.  Charles Hale, a Los Angeles constable, was appointed to fill Alexander's position and Charles K. Baker became constable in Hale's place.  When Sheriff Barton decisively defeated Hale in the early November county election by a vote of 821 to 346, and was killed two months later, Baker and newly elected constable William H. Little were among the posse members gunned down along with him.  Notably, William W. Jenkins ran for constable in that election, but finished last among the six candidates.  If he had won, he surely would have been killed in the Barton massacre.

Another interesting result of the election took place in the mission town of San Gabriel.  Dr. William B. Osburn, whose name has been mentioned here several times, had moved there from Los Angeles and was elected a justice of the peace.  In the aftermath of the Barton killing, Osburn was accused of brutalizing the corpse of Miguel Soto, said to have been in the gang that murdered the sheriff, which was a double accusation, given that Osburn was a judge and a doctor.  One of the losing candidates for constable was Roy Bean, the younger brother of a militia general and saloon keeper, Joshua Bean, whose late 1852 murder led to the lynching of an innocent man.  Roy Bean later became the famed judge in Texas known as "the law west of the Pecos."

It appears that there was either no meeting of the board after 11 November or the minutes have vanished, but this takes us to 1857 and the Barton massacre.

Thursday, July 7, 2016

The Los Angeles Common Council and Criminal Justice, 1856

In the seventh year of its operations, the Los Angeles Common Council started off 1856 with relatively little excitement when it came to law enforcement and criminal justice.  The only significant incident of note was when Marshal Alfred Shelby had to refunded $460 in mid-March "for money lost through and by his deputy George Sexton."

These funds were almost certainly license fees and fines collected by Sexton and Shelby's behalf, but how exactly the monies were misplaced was not explained.  Whether this incident had any effect of Shelby's failed attempt at reelection in May is not known.  The election on the 10th found Shelby tallying 124 votes to William C. Getman's 167, but there could have been a more important reason for the marshal's defeat.

On 14 April, less than a month before the election, Shelby was involved in a confrontation with two men, one of whom was killed and the other seriously wounded by the marshal.  El Clamor Público in its 19 April edition didn't have much detail to offer about the shooting of Burgess, which also involved the serious wounding of a man named Tate.  The paper did say that Shelby "uso tan libremente de su pistola [freely used his pistol]" in the confrontation, the circumstances of which went unexplained.

A portion of an article from El Clamor Público, 19 April 1856, covering the killing of William Burgess and the wounding of a man named Tate by Los Angeles marshal Alfred Shelby.  When it came time for Shelby, who lost a bid for reelection in May, to appear for trial in late July, he skipped bail, evidently for Sonora in northern Mexico.  Thanks to Paul Bryan Gray for providing microfilm of this paper.
Shelby was arrested and, after a preliminary hearing, was released on his own recognizance without bail by District Judge Benjamin Hayes.  This was later reconsidered and Shelby was arraigned and posted $2500 bail using saddler John M. Foy, lawyer and former district attorney Ezra Drown, former mayor Thomas Foster, and jailer Francis Carpenter as his bondsmen.

But, when it came time for him to appear in court on 28 July for his trial, Shelby was nowhere to be found.  Getman engaged in a concerted search for his predecessor, but found that Shelby skipped town (and bail) and was, evidently, high-tailing it to Sonora in northern Mexico.

Another interesting development came in mid-May when the council resolved that the finance committee "with the Marshal arrange with the Sheriff of Los Angeles County [David W. Alexander, who was newly elected], [for] the future support and care of city prisoners."

This editorial, from the 5 April 1856 edition of the Los Angeles Star, was critial of the common [city] council's handling of dinances, including large expenditures to the town's jailer, calling such spending mismanagement.
At the next meeting, on 26 May, the finance committee reported "that it had contracted with the Sheriff of Los Angeles County for the support and future care of the City prisoners" at 25 cents per person "until the prisoner shall be sentenced, which shall take place within twenty-four hours after entrance in the City Jail."  Moreover, the report continued, "all prisoners that remain [in] the City Jail after their receiving sentence, the jailor shall be allowed fifty cents per day for each so remaining."  It is notable that "if any prisoner should come into the City Jail on Satirday night and remain Sunday, for each the jailor shall receive 50 cts. each one, although not sentenced."  This seemed to refer to the regular flow of intoxicated persons who were taken to jail after benders on Saturday evenings.

A likely reason for the policy change, came with an announcement in a 19 June letter to the council by Stephen C. Foster, who in the May election was returned to the mayoralty that there were "two suits, which have been commenced against the Corporation [city] by the City Jailor, in the aggregate for the sum of $280."  This amount appears to have represented costs he was charging the city for his services and which led to the policy change of having the sheriff care for prisoner maintenance.

In any event, the finance committee was charged with investigating whether it was Carpenter or the city treasurer, Samuel Arbuckle, who was responsible for the disputed sum and to resolve the issue amicably.  The result was that, four days later, the committee reported that both officials agreed to pay half the $280 and settle the matter.

A portion of listings of city and county expenses, published in El Clamor Público, 14 June 1856.  Note the $800 annual salary of the marshal, relative to other officials, the $500 in the Jail Fund, and another $500 expended towards "maintenance of the prisoners and other costs of the jail in the fiscal year."
A month later, a crisis rocked Los Angeles when a deputized citizen, William W. Jenkins, was charged with serving a writ of attachment for a $50 debt on Antonio Ruiz.  When Jenkins seized a guitar in Ruiz' household, the latter's live-in girlfriend grabbed the instrument, claiming a letter from her mother was in it.  Jenkins pulled a gun and, when Ruiz seized him from behind, Jenkins fired over his shoulder delivering a fatal chest wound to Ruiz.

Spanish-speaking residents gathered on a hill overlooking the town and demanded justice. Rumors of a mob of these individuals looking to storm the jail and lynch Jenkins was met by a popular meeting and an organization of citizens to forestall any potential violence.  Consequently, at an extraordinary session of the council on the same night as the meeting, 23 July, the body received a statement from Mayor Foster about "the propriety of making an appropriation for the maintenance of peace & public order, and to take such measures, as the present circumstances may demand.

In response, the council resolved
that in view of the present critical circumstances, the Corporation upon its part, in conjunction with the County of Los Angeles, does hereby make an appropriation of a sum not to exceed five hundred dollars, for the present to be applied exclusively to the support and maintenance of public order.
William H. Peterson, a former special police officer and deputy sheriff, was appointed the disbursing agent of these funds, but the outlay was not detailed with respect to who would receive monies.  Moreover, the council issued another resolution in which
the Common Council repudiates and condemns all the irregular proceedings that have taken place in this City lately by acts of insubordination and will give its aid and support in suppressing the same and it is further resolved that the foregoing resolutions [this and the previous about the financial appropriation] be read at the public meeting now assembled in front of the Montgomery house [Hotel] on Main Street in the City of Los Angeles.
More will be featured on this blog about the Jenkins-Ruiz affair, but any large-scale violence was avoided.  Still, on 4 August, Peterson appeared before the council to report that about 60% of the appropriation for the suppression of civil unrest was spent--almost certainly on citizen patrols during the tensest moments of the crisis.   Though a week later Peterson was asked to present a full report on the disbursement of funds, there is no surviving record of his statement, if any was given.

The remainder of the year was relatively quiet for the council.  Mayor Foster resigned in mid-September, with El Clamor Público reporting that it was for business reasons and lionizing him for his efficient work.  A special election, presided over by council member and ex-mayor Antonio Franco Coronel, resulted in the elevation of John G. Nichols to the office.

At the end of the month, the council admomished Marshal Getman in a resolution calling his attention to fulfulling his duties by maintaining regular office hours at city hall and to attending council sessions, as per the town's ordinances.

Other than that, 1856 ended on a mundane note, especially considering the problems with yet another marshal in Alfred Shelby and in the concerns expressed by the council about the tension and emotion involved in the Jenkins-Ruiz affair.