With this admonition, it was stated that constable Frank Baker (of whom we will hear more about in an upcoming post) took Smith into Los Angeles and confined the prisoner in jail. Then, Bell continued, "the city lynch court thereupon held a meeting, at which a man decried the waste of tax monies for the administration of justice, though Bell said the unnamed individual was not on the assessment roll, which was the same for those most likely to agree with the speaker.
After it was suggested that Smith be tried by the tribunal and hung if guilty and freed if not, this same man led a group of "the ragtag and bobtail of the gambling fraterity" over to the jail (the same noted in an earlier post about the city's calabooses that had a single log running along the floor with staples to which prisoners were chained).
Bell went on to suggest that jailer George Whitehorn "made some show of resistance, but was soon overpowered" and Smith taken to another building under guard, while a tribunal was seated. According to this account, "they proved nothing whatever against Smith," but another unnamed man moved that Smith be given fifty lashes at the Plaza and released. When this was voted down, Charles Norris, a petty criminal of repute in town, moved that there be eighty-five lashes and that Smith be sent to Jurupa and a United States Army camp there as deserter. This evidently was approved by the assemblage.
Then, Bell continued, "a Mexican who had severely cut a pie vendor with a knife" was brought in for consideration of the tribunal's attention and "a chilvalrously inclined gambler suggested that fifty lashes would be a sufficient punishment." Consequently, those present voted to give him the same number as Smith. After an Indan brought "an armful of stout willow switches," Bell stated that "the Mexican culprit dramatically came to the front and begged the privilege of being whipped first, saying that he was a man of honor, was no thief, had only used his knife when insulted, and he thought he was entitled to that much consideration."
This was, apparently, approved and the man tied to a post in front of the building, while "the Indian stepped forward with an air of intense satisfaction" to administer the whipping "to the great delight of the assembled patriots." Taking his punishment with little show of feeling and getting dressed, the Mexican man evidently brandished a smile and a provided drink and stated, "Now I will have the pleasure of seeing this damned gringo whipped."
Bell claimed that Smith addressed the crowd, saying "Gentlemen, I am an American; and it is disgrace enough to be publicly whipped, but surely you will not have a gentleman whipped by an Injun" and requested a white man be appointed to apply the punishment. Supposedly, a new arrival "from across the plains" agreed to accept $16 cobbled together by the spectators (gamblers) and laid on the switches as Smith took "an occasional pull at his flask . . . filled with brandy and gunpowder." Some of the gamblers present did not like a white man doing the whipping for money and gave him a violent blanket toss.
This event was covered in the Los Angeles Star's edition of 12 February 1853, in which Smith's real name was said to be Isaac D. Martin and that he and a man only known as Williams were accused of stealing horses from El Monte. A San Gabriel resident, Jesse Hildreth, was told by a lodger that Martin and Williams were in the area with the stolen animals and locals were alerted so that a trap was laid for the thieves. While Williams managed to escape, Smith was captured at a nearby house and calls for his immediate execution were made "but a proposal to bring him into town prevailed."
While no mention was made of who convinced the crowd to take this course, Michael White, a long-time resident of the area near the Mission San Gabriel, recalled in an 1877 interview just four years before Bell's book was published that Martin (Smith) and Peter Williams worked for him for a time before going to El Monte, where they stole the horses.
According to White, it was Joseph Caddick who "caught Smith in the act, brought him with a rope around his neck to the mission, [and] threw the end of the rope over the limb of a tree." White said there were about thirty men present as this was going on, including a lawyer who queried him on whether it was horse stealing warranted a hanging. White reported that he pled for the mob to spare Martin's life and they agreed by taking him to Los Angeles, where "they gave him 39 lashes" and gave him 24 hours to leave town or he would be hung. White also noted that Martin confessed his crime to Frank Baker while en route to Los Angeles.
The Star did report on "a lynch trial" held "by some persons in town" on Tuesday the 8th, and that "no one [was] appearing to oppose it very strenuously." After there was the posting of some noticed, the paper stateed that "a small number of persons met" with the result that Martin "was sentenced to receive 78 lashes."
This punishment was inflicted the same afternoon, the account ended, "Smith [Martin] and a Mexican passing through the ordeal together." There was no detail of the whippings provided, only a concluding note that "Smith has made tacks, and is now at liberty to resume his profession." It should be added that the paper began the piece with:
Our citizens have suffered so severely in the loss of stock by thieves within the last year, that they are now extremely careful and vigilant and it requires an old hand to practice the horse-stealing profession to advantage. Within the last ten days a party of Americans who have been following this nefarious business for a long time, have been effectually routed.This statement is a reflection of the fact that, as the California Gold Rush brought hordes of treasure seekers to the coast, some of them, finding little success in the Sierra Nevada mining regions, drifted to towns and cities for easier ways to make money. San Francisco had its vigilance committee in 1851, so many criminals steered clear of the City by the Bay. Los Angeles, which had a very lucrative trade with the gold fields in fresh beef from its often-enormous and well-stocked cattle ranches, was an attractive target for thieves, who also had wide open spaces in all but the western direction for their escape.
Notably, there is a case file in the county court records, from 5 February, for a Justice Court hearing on a William Smith, charged with grand larceny on "Joseph M. Catrick" and Santiago Lobo for a stolen horse. Moreover, Caddick, in July 1852, was charged in the Court of Sessions with an assault to murder James R. Barton, the future sheriff of the county and there was a co-defendant, the same Charles Norris Bell said motioned for Martin's punishment. There was no disposition in that case, but there must have either been a dropping of the charge or an acquittal. As for Norris, he was charged with the assault to murder of constables William Reider and Moses Searles and a man known only as Scofield in October 1851, but there is no known disposition in the matter.
So, again, Horace Bell's accounting of historical events may be filled with detail, including lengthy quotations recollected decades later, and based on some measure of corroborated fact, but there is much that either cannot be reconciled with other sources or appear to be enhancements for effect.
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