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.