The Barton Massacre of 1857, Part Eight: The Trial and Execution of Luciano Tapia/Leonardo López

With the lynching of Juan Flores on 7 February 1857, the aftermath of the killings of Los Angeles County Sheriff James R. Barton and three members of his posse hunting the bandit gang led by Flores and Pancho Daniel reached its peak in terms of its activity, vengefulness and excess.

Most of the known bandits had been killed by posses of citizens in the Santa Ana Mountains near the Barton murders, at Ventura, and in Los Angeles.  Two main figures, however, remained at large, though both were captured in the San José region.

One of these was tried as Luciano Tapia, though he was commonly identified, including by one of the other members, Jesús Espinosa, as Leonardo López.  Tapia's trial for his role in the killing of San Juan Capistrano merchant George Pflugardt, whose murder led Barton and his posse to head out to find the killers, was held in mid-December 1857 and he was represented by public defender Kimball H. Dimmick, who was a veteran of the Mexican-American War, a signer of California's 1849 constitution, a member of the state legislature and former Los Angeles County district attorney.

The indictment against Tapia was presented by the Grand Jury on 14 December, and a venire (call) for jurors issued the following day.  The trial jurors secured (there being one Latino, Jesús López, among the 12 men seated), the case proceeded on the 16th with Dimmick filing a motion to continue the case to the next term of the court because he needed to procure the testimony of Rafael Martinez of San Luis Obispo, which was going to state that, in January, the month of the Barton massacre, Tapia was working for Martinez.  District Attorney Ezra Drown submitted an affidavit that this attempt to delay the trial was unfounded, because of the evidence ready to be presented at trial.

An interesting document from the case file (case 337 in the District Court records, now at the Huntington Library, where this material was researched some fifteen years ago) was submitted by District Court Judge Benjamin Hayes, who was presiding over the trial.  Hayes stated that "the motion for continuance in this case does not shew [show] that there is no other witness by whom the defendant can prove the same facts which, it is alleged, Rafael Martinez will testify to.  This omission I consider fatal in his affidavit."

Not only this, Hayes continued, but "nor does the affidavit state any definite and certain period within which he lived and worked in San Luis Obispo, but merely that he lived and worked there" in January and February.  Hayes went on to observe that "defendant may well have committed the crime with which he is charged, and have worked in San Luis Obispo, both in the month of January" and then overruled Dimmick's motion.

A summary of the trial of Luciano Tapia (a.k.a., Leonardo Lopez), Los Angeles Star, 19 December 1857.

A third affidavit was signed by six Latino men stating that they knew Tapia was in San Juan Capistrano in January 1857 and at the time of the crime.  The testimony of some of these men was taken on the day of the trial, starting on behest of the prosecution with Fernando Pérez, Pflugardt's partner, who stated, as recorded in the shorthand style of minute-taking:"Knew Geo Pflugard [sic] . . . saw him after he was dead . . . after he was dead I picked him up, he had three Ball wounds."

Pérez continued that he had been overtaken by some of the gang while riding towards San Juan Capistrano near the Coyotes rancho in what is today northwestern Orange County two days prior to the murder.  On the day of the killing, he went on, "those men arrive at dusk, those who robbed the house, knew them by sight and after the robbery learned their names, Juan Flores, Juan Catabo, Chino Barelas, one joined them afterwards, Francisco el Ardillero . . . saw at the time of their arrival the decd [deceased] at the door, the dcsd then ran into another room of the same house, then I saw them shoot three consecutive shots at him . . . I came to the door, and they pointed at me again and w/pistol, I made one step forward, and told them I surrendered and not to shoot."

Noting that the captain was Juan Flores, Pérez stated that Flores "asked me, if all that [merchandise] belonged to Pflugart . . . I told them that all that was there belonged to dcsd, then they commenced taking all that was there, and after they had taken all, went away. . . prisoner was one of the men robbing the store."

On questioning from the defense, Pérez replied that he and Pflugardt loaded guns "because they [the gang] had gone into the store of Don Miguel [Garcia] the night before."  He also noted that "prisoner was called Manila [Manilla], among them, it was a disguise used by them to avoid being discovered, I never knew prisoner as Luciano Tapia."

With the prosecution back for more questioning, Pérez added the detail that "after the shots were fired, it was an hour afterwards that I saw dcsd, he was in the back yard.  After they went away I went to look for Pflugart, and found him apparently as he had fallen in attempting to get away."

The next witness was Teodocio Yorba, who testified for the prosecution that "I have seen Prisoner at my house, at the time they had him Prisoner at my rancho, they said at the time that Juan Flores, Leonardo Lopez and Espinoza were there also."  Replying to a defense question, Yorba observed that "some Americans from the Monte had them in charge" also noting that a witness present at the trial, Pedro Rivera, and one of the jury, Alexander Nelson, was one of those in that group.

Yorba denied ever having seen Tapia before that time or since, because "they tied them [Tapia, Flores and Espinosa] prisoner when at my rancho and they escaped."

Next up was Felipe Jimenez, a servant of Pflugardt, who stated that he saw the body after death and that there were three bullet wounds.  He also recalled Tapia being near the tavern and store the day of the killing and then again the next day, wearing clothes "such as dcsd had in his store for sale."  Jimenez confirmed Pérez's testimony about meeting the bandits on the road towards San Juan before the killing, noting "there were nine on horseback, one riding double on the road, saw five in San Juan before the killing."

Notably, Jimenez testified after a defense query that "the night of the killing don't know what Prisoner was doing, he was on foot outside the house" and, when questioned by Judge Hayes on this, answered, "when Prisoner was 10 yds outside the house, the rest were robbing inside."

José Buelna testified next and, on questioning by the prosecution, stated that "[I] know Prisoner, a littel over year, going up the bank of the River of Los Angeles near my house, Santos was with him, who was killed at San Gabriel [again, this might be Miguel Soto, whose brutal slaying by Americans has been covered here]."  Buelna went on to say, "knew him again when they assaulted me . . . this was about 15 or 16 Jany 1857," several days before the Pflugardt murder and something not apparently known before the trial.  He went on to say that "after they assaulted me, they took the road for San Gabriel."

During cross-examination by the defense, Buelna added that "it was in the morning abuot 8 o'clock that I saw Prisoner, they staid [sic] about one hour, those who entered my house at night were not marked."

Henry Charles, another San Juan merchant, was sworn in and questioned by Drown.  He, however, said "Can't swear to identity of Prisoner, they were all in my store the day previous to killing, am near sighted, can't say positively as to Prisoner."  However, Charles did state that "after they had done it [killed Pflugardt], they came in front of Forster's house and said they could all the San Juan."  Charles also noted that "they robbed me and Miguel after robbing Pflugardt."

Manuel Avila of a long-time San Juan family said little in his testimony other than that, "[I] know Prisoner, saw him the first time in San Juan, month January, after death of Pflugart" and then three days later with Flores and others.  Avila concluded by noting that "Priosner was called at that time Leonardo Lopez."

Having been identified by Yorba as being in the American posse that captured and then lost Flores, Tapia and Espinosa, Alexander Nelson was called by the prosecution and testified that "[I] know nothing about the San Juan affair, saw Prisoner in a Cañada above Santa Ana, we were after the party."  Noting that Andrés Pico had originally discovered the three and then they were seized by the Americans, Nelson continued that "we took them and took thjem to Teodocio Yorba's, tied them, and they escaped."

Similarly, Pedro Rivera was called for his identification of Tapia at Yorba's ranch house.  He repeated Nelson's account, adding "we took them in the Plain, we galloped upon them and they jumped into a ravine and we took them."  On defense cross-examination, Rivera added, "Prisoner was the first who came out, and asked for a cigar and water, had no conversation with them more than related."  He stated that the place of capture was "about 2 leagues" or about 7 miles from Yorba's place.

With Rivera's testimony completed, the prosecution rested.  All the defense did was call Los Angeles marshal William Getman, then the Sheriff-elect [he would be killed just weeks into his term, on 7 January 1858, by a mentally-ill man].  Getman was sent to San Jose to bring the defendant back for trial and noted that "in San Jose Prisoner went by any name.  I called him Lopez, and he answered, but denied the name."  With this the defense rested.

The jury then retired and returned with a verdict, with foreman J.R. Evertsen of San Gabriel, reading to the court that Tapia was found guilty.  The following day, evidently set for sentencing, Dimmick failed to appear, leading Judge Hayes to send a summons requiring him to appear before the bench and demonstrate why he should not be held in contempt for his no-show.  On the 19th, then, Hayes formally sentenced Tapia to death, setting the date for 16 February 1858, at which time he would be hung with Thomas King, who was convicted of murder about two weeks before Tapia.

Tapia's remarks to the court at his sentencing, Los Angeles Star, 26 December 1857.

What was not in the case file, but what was reported in the 26 December issue of the Los Angeles Star during the sentencing was that Tapia was asked if he had anything to say prior to the pronouncement.  The paper reported that the prisoner had something of a lawyer in him, as he

replied that although a number of witnesses had been examined nothing was proved against him . . . they might hang him if they pelased, but the examination was illegal.  The witnesses had visited him, and then returned and gave their testimony.  That was not right.  They should have given their evidence and their description of him before seeing him . . . Mexicans have frequently been hung on the testimony of men who had never seen them before.  Men come and look at one in prison, and then go and swaer against him.  This has often occurred.  There is no testimony against me—no one has proved that I committed the murder, only that I was in the town at the time.  You may sentence if [you] please, but the testimony is not sufficient.

Hayes replied that Tapia received a full and fair trial, with appointed counsel and 12 men in the jury who rendered a verdict, to which Hayes added, he fully concurred (it should be noted that King also denied that he committed murder, but rather killed in self-defense).  As reported by the Star

Judge Hayes then addressed the prisoner, reminding him of the short time before him, and hoped that he would spend it as to secure repentance for the errors of his past life, and by the efficacy of his religion secure everlasting happiness.

After sentencing Tapia to death, the paper noted that "the prisoner was then removed.  He seemed very weak and was assisted in walking by two officers.  He is a tall man, and in full vigor must have been a formidable foe, and indeed his acts prove him to have been."  It was not explained how Tapia became so weak while in custody, but it can be imagined that the county jail was hardly conductive to maintaining health.

A portion of the coverage of the execution of Tapia and Thomas King, El Clamor Público, 20 February 1858.  Thanks for Paul Bryan Gray for providing microfilm of this paper.

On the day of the execution, the 20 February 1858 edition of El Clamor Público observed that Tapia was 22 years old "tall and well formed.  It seems he had received a good education.  Tapia possessed an iron constitution and carried well with little visible of the dangers and terrible difficulties he encountered."  Noting that Tapia denied a role in the Pflugardt murder when brought down from San Jose, the paper continued to discuss his and King's last moments.  They bathed, spent time with ministers, drank a little wine and then looked out the window of the jail at the gallows.  Here, "Tapia often remained motionles, looking with attention at the multitude attracted by morbid curiosity.  His attention was directed to the presence of soldiers, and he said these were the first he had seen in the country."  Tapia was then reported to have remarked to jailer Eli Smith, "who quick he [King] and I could run from here if we had a pair of rifles."

As they headed to the gallows, Tapia "mounted the stairs, apparently with a certain air of happiness."  After a moment seated on the platform, "after smoking a cigar, Tapia rose, and said some words to the effect that he forgave and hoped they would forfive him."  Then, Tapia said "I advise my compatriouts to leave this country, as this was no place to live as a man."  He then offered advise to the parents and mothers of this countrymen "to direct their children by the path of virtue and that they should take example by his death.  That he had been strayed by the evil counsels of bad men and that they should prevent the imitation" by their own children.  Finally, Tapia stated that "he also decalred that Incarnacion Garcia had sold him out in San Jose for the sum of a hundred dollars."

El Clamor reported that the jailyard was crowded with residents and the aforementioned soldiers, with citizen companies, including the Southern Rifles, the French company and the California Lancers present, including a new piece of artillery on display.

New sheriff James Thompson read the order of execution and his deputies William H. Peterson and Frank Baker tied the arms of the two men before placing the nooses over the necks and covering their faces.  At ten minutes to three in the afternoon, the paper continued, "the sign was given and their souls were launched into eternity."  The deed was done efficiently, "so that their deaths were instantaneous, and although for some moments convulsive movements were observed, they must have died the instant they fell."  After twenty minutes, the two bodies were cut down and placed into coffins ready and at hand.  While King's remains were taken to the county cemetery on Fort Moore Hill, "that of Tapia was delivered to friends who took charge of giving him burial."

Notably, the paper offered details of Tapia's origins, namely that he was from Mezquital del Oro in the Mexican state of Jalisco (though that town is in the far soutwestern corner of Zacatecas now) and that his parents lived in Amatitan, closer to Guadalajara.  El Clamor observed that Tapia worked in San Luis Obispo "when Flores passed through and he convinced to set out with him for Los Angeles.  Before this he was very industrious and honest.  When in jail, he frequently spoke of his mother and country."

Part of the reporting on the Tapia/King executions, Star, 20 February 1858.

The account of the execution by the Star was briefer and more was reported on King's last remarks than those of Tapia, whose advice to "Sonoranians," as the paper expressed it, was to "take warning by his fate—and to leave this country, as it was no place for them, adding that he was called on to suffer for crimes perpetrated by others."  Both men were described as "calm and collected," while also engaged "fervently in the sacred services" led by ministers.  The paper did, though, include a summary of remarks by Father Blas Raho of the Plaza Church and his exhorations in Spanish and English for "all to take warning by the awful example now before them."

This left one more "awful example" in the matter of the justice exacted on those involved in the Barton massacre--this being the subject of the next post.