Contra Costa County History

In the case of Mary Gersbach, the jury, after three days' and nights' deliberation, failed to agree. She was again tried, with a like result in December, 1874. The case dragged its slow length along up until November 9, 1875, when District Attorney Mills applied to the Supreme Court for peremptory writ of mandate and review in the case of Mary Gersbach, which was denied. On Wednesday, November 17th, she was discharged from custody on her own bond of five thousand dollars.

Homicide of George Muth. The village of San Pablo was the scene of another bloody murder; the date was August 10, 1873. The victim in this case was George Muth, a young German, who had lived some years in the vicinity, and was generally liked and respected. He was killed by Henry Ploeger, also a German, who lived usually in San Francisco, but for some years during part of each season had been engaged in hay-pressing, and had been so employed in San Pablo at the time of the slaying. He had, some time back, it is said, sold a hay-press to Muth, and was displeased with him because he had engaged in business rivalry with him. On August 10, 1873, both parties were at the village, and both had been drinking, though it was a very unusual thing for Muth to do so. Ploeger had made threats against Muth, and the latter, just as Ploeger was about to mount his horse, crossed from the opposite side of the road and laid his hand on his (Ploeger's) shoulder, asking him what he was threatening him for or what had he against him, or some question of such purport. Ploeger instantly drew his pistol and shot him through the heart, killing him instantly. Ploeger claimed that he anticipated an attack with a pistol when he drew his, and that the shooting was unintentional. The bystanders, however, did not seem to have been impressed with such belief, and were inclined to execute summary justice on the spot, regarding it as an act of unprovoked and wanton murder. The prisoner was held by the officers and safely taken to the jail at Martinez, November 27, 1873. He was convicted of manslaughter and sentenced to six years imprisonment in the State prison.

Killing of Ramon Chavis. - A native Californian half-breed named Ramon Chavis was shot by Constable John Wilcox on August 23, 1874, at San Pablo. It appears that the deceased had been at the house of Wilcox drinking and quarreling during the evening, and Wilcox had several times been obliged to intervene to stop fights in which he had engaged. Before the shooting Wilcox had retired to bed, but was called up by some one who said that deceased and some one else were killing somebody. Wilcox got up partially dressed himself, took his pistol and went out, to find Chavis and another partially drunken man charging their horses and riding over a man they had thrown down in the road, who was a half-demented person residing in the place. Wilcox commanded them to desist, when Chavis rode off a few yards, wheeled his horse and charged on him. When within a few feet Wilcox fired, and Chavis fell with a shot under the eye-socket. The coroner's jury found that the homicide was justifiable.

Murder of Ah Hung. - The salient facts in this case are as follows: The deceased, Ah Hung, some two months previously opened a new laundry at Pachecom and subsequently took Ah Sing into partnership relations. There was also a Chinese boy, Ung Gow, employed in the establishment. They all retired as usual on the night of January 16, 1876, Ah Hung sleeping in an inner apartment, Ah Sing in an outer room, on a table, and the boy, Ung Gow, on the floor under the table. About daylight the boy was awakened by a noise, and heard Ah Hung exclaiming that he was killed. He ran into the room and saw Ah Sing attempting to haul him off the bed and chopping him with a hatchet. The boy attempted to pull Ah Sing away, but he turned and struck at him with the hatchet, inflicting one or two cuts, saying that he would kill him too. Ung Gow ran out to escape him, and went directly to the other wash-house, up the street, to give the alarm and find protection, but was refused admittance and driven away. He then went to Tiedeman's place and reported what had occurred. Constable Henry Wells was the first to visit the scene of the homicide, and there found the deceased in the front apartment, still with life enough remaining to make some moans of suffering, and most horribly hacked. He survived but a few moments. From the appearance of the place it was evident that the dead man had made a fearful struggle for life after being mortally wounded, the floor and walls were marked with bloody hand-prints, showing where he had endeavored to regain his feet, while blood-clots, and even pieces of bone from his skull, lay about the floor and on the walls. The murderer was captured and had on his person clothing and money, together with a purse, all identified as the property of the deceased. April 19, 1876, Ah Sing was tried, convicted of murder in the second degree, and was sentenced to forty-five years imprisonment in the State prison.

Killing of Jose Arrayo. - A bloody affray occurred on March 2, 1877, about three-quarters of a mile from Walnut Creek, when Jose Arrayo was stabbed by Ramon Romero, who was at once arrested. Arrayo died on the 10th of March, and Romero was committed on the charge of murder, for which he was tried, found guilty November 23, 1877, and imprisoned for life in the State prison.

Killing of James Mills. - On June 18, 1877, a young man named Mills was fatally stabbed in an affray with P. B. Martin. It would appear that ill-feeling had existed for some time between the parties, which culminated in a fight on the day named. Mills died on June 24th, and Martin was arrested, tried, and on April 20, 1878, found not guilty.

Killing of George Mitchell. - At an early hour on February 1, 1878, it was rumored about Antioch that George Mitchell, an old resident of that town, was not to be found, and there was a strong suspicion that he had been murdered. About half-past ten o'clock on Thursday night he accompanied William Brunkhorst to his residence on Front Street with a lantern, the night being dark and stormy. Mitchell was duly sober and told Brunkhorst on parting that he was going to Dahnken's saloon on the wharf, where he slept, and retire for the night. Carson Dahnken had closed the saloon. In about fifteen minutes after Mitchell left Brunkhorst a pistol-shot was heard on the wharf by several parties, but it seems no one went out to ascertain the occasion of the shooting. Dahnken, who slept in the rear of the saloon-building, said he also heard the breaking of a lantern, the broken glass of which, together with several spots of clotted blood, was plainly to be seen upon the wharf. It was believed from the circumstances that Mitchell had been murdered and thrown into the river from off the wharf. Poles were brought and a moment's search proved that such was the case. The dead body of Mitchell was brought from the water and a bullet-hole or knife-wound found on his left side over the heart. Suspicion at once fastened upon William Hank, a German, in charge of the schooner "A. P. Jordan," which had been lying at anchor a few miles down the river. Hank had been in town on Thursday, drinking freely, exhibited a pistol, and was once during the day prevented from shooting at a man in Martin's saloon. Shortly after the shooting Hank went into Gordon's saloon and told the bar-keeper that he had just killed a man on the wharf, his (Hank's) clothes being at the time quite bloody with his nose, face, and lips scratched and bleeding. Going out of the saloon he fired at some dogs, and finally went to Dahnken's hotel and entered the room of Joseph Parker, a boarder. Parker awoke and finding a strange man in the room inquired what he wanted; Hank said he was a stranger in the house and wanted a room. He finally slept upon a lounge in the sitting-room, where his pistol was found in the morning by Dahnken. While search was being made for Mitchell in Friday morning, Hank left the wharf in his sailboat for his schooner. As soon as the body of Mitchell was found, Constable Pitts, with two Italian fisherman, started in pursuit with a boat and overtook him. Pitts got into his (Hank's) boat, and on being told that he (Pitts) was an officer come to arrest him Hank leaped overboard. He was handcuffed by the constable while in the water, taken into the boat, tied, and brought, shivering with cold from his voluntary bath, to Antioch. George Mitchell was an Englishman, forty-seven years of age, and lived in Antioch and its vicinity since 1859. On April 24, 1878, Hank was tried and acquitted. Immediately after trial, and ere he had left the court-room, he was joined in matrimony to Mary Augusta Raymond, who was present during the proceedings and watched the case with eager interest.

Killing of Jose Reyes Berryessa. - On Monday evening, May 20, 1878, near the crossing of West Main and Castro streets, in the town of Martinez, Jose Reyes Berryessa, a native of California, made an assault upon Louis Kamp, in resisting which he shot and killed his assailant. It appears that Kamp was passing along the street toward the bridge carrying a pail of water, when Berryessa approached and addressed him angrily in Spanish, Kamp answering him in the same language. Berryessa then assaulted him with violent blows of his fists, causing him to drop his water-bucket, then grappled and threw him repeatedly and violently, either with his fist or with a stone cutting his face and causing a copious flow of blood. Just then Constable Gift's attention being attracted to the affray, he ran up, pulled Berryessa off, and commanding the peace, told them they were both under arrest and must go with him before the justice. Kamp said he would go, but Berryessa defied the officer insultingly, and immediately renewed the assault upon Kamp, striking and again throwing and falling upon him and hitting him with a stone while down. Gift again pulled him off, but he struggled free, making threatening demonstrations toward Kamp, who was then upon his feet, according to the testimony, backing away while drawing a pistol from his right hip pocket, which he presented and fired just as Berryessa, in breaking from Gift's hold to reach him, was turned partially sidewise, some ten or twelve feet from him, and shot into his right side just below the nipple. Berryessa stooped, placed both hands on the wounded part , walked to the sidewalk from near the middle of the street, sat down, and in a few seconds expired. The verdict of the coroner's jury was that the killing was justifiable.

Death of an Unknown Man. - The Contra Costa Gazette of March 22, 1879, has the following: "We mentioned last week that the body of a man, some time dead, was found on the afternoon of the 13th inst., on Hyde's ranch, about four miles south of Cornwall station, and that Coroner Hiller had gone up to hold an inquest. Following is the verdict of the inquest: 'We, the jury summoned to inquire into the cause of the death of a man found on the 13th day of March, 1879, lying on the ranch of F. A. Hyde, caught in the fence dividing the lands off said Hyde and W. E. Whitney, having viewed the body and heard the testimony presented, on our oaths do say, that from the evidence we suppose his name to be Levy Gish, aged about thirty years, nativity unknown, and that he came to his death some time in the first part of March, 1879, the exact date being unknown and that his death was caused by violence, but by whose act is to the jury unknown. Hyde's ranch, March 14, 1879. Signed: A. A. Hadley, B. K. Walker, Thomas Prichard, Wm. Fahy, Lewis H. Abbott, John Tepe, W. J. Whitney, Joseph McCloskey.' The body was that of a man apparently between thirty and thirty-five years of age, about five feet seven or eight inches in height, with fine brown hair, curling in small curls all over his head, and reddish mustache, no beard, dressed in light-colored cassimere pants, dark-brown striped calico shirt, with undershirt made of flour-sacks having the brand of the Kern River Mills, hickory outside shirt, old boots with tops cut off, and no coat on body. The body, with a bullet or bludgeon wound on the back of the head, was found lying on the west of the fence dividing the land of Hyde from the land of W. E. Whitney. Both feet were through between the pickets, apparently caught while he was endeavoring to get over the fence. The body was lying partially on the left side, with the left arm bent up under it and the right arm extending upward and in front of the face, the sleeve of the shirt drawn up over the hand. About twenty-five feet from the body along near the fence, there were signs of a struggle, the ground being torn up and a great deal of blood on it and some hair from the head of the deceased on the pickets. Some four or five feet from the fence lay a pair of new gray blankets with a great deal of blood on them, and near them an old coat very much wrinkled and a great deal of blood on it and curls of hair similar to that on the man's head and on the blanket. Near the head of the body lay a pair of blankets similar to the others, but clean, rolled up and not tied, a black felt hat, and a letter from Abram S. Gish addressed to Levy Gish, Ellis Station, dated October, 1870. Over the fence about twenty feet from the body was an account of sales of wheat and a letter dated March 6, 1871, from Bryant & Cook, Commission Merchants, San Francisco, addressed 'Levy Gish, Ellis Station.' The body had evidently been lying there six or eight days.

"Constable Erwin, of Point of Timber, has since been at Martinez, where Mr. Hiller has the effects found with the body, and has identified the pants, and from the description is satisfied that the man is one whom he arrested February 25th, with two others, for burglarizing Peter Swift's house near Point Of Timber, and found in his possession five letters directed to Levy Gish, Ellis, and Moore's Landing. The men were taken by Erwin to Antioch and lodged in jail there, and the same night broke out and decamped. Erwin also identifies the coat as one that was worn by him was of a better style and quality. The probability is strong, therefore, that the dead man was one of the three fugitive burglars, who received his death wound at the hands of his companions, or some other unknown person or persons, within a short time after their escape from the Antioch lock-up. It could hardly have occurred immediately after, as the ground where the body was found had been marked when wet, in the death struggles of the deceased, and it did not rain until several days after their breaking out on the morning of February 26th. It may therefore be inferred that they remained somewhere concealed in the neighborhood for possibly a week or more, there being no way of determining when the supposed murder was committed further than that, from the condition of the body, it could not have been less than eight or ten days before the remains were discovered, and it must have been after the rains of the first of the week in the month had softened the hard dry ground.

"It will be remembered by our readers that we mentioned the arrest last week of four tramps by Constable Gift, at the Granger's hay-barn, on suspicion that they may have had something to do with the burglary of Blum's store and safe, but as nothing was disclosed that would warrant their being held in custody they were turned loose. Now, from the description and other circum-stances, Erwin is confident that two of these persons were the same that he arrested for the Point of Timber burglary and placed in the Antioch lock-up with the man since found dead. The coat worn by one of the men arrested here Erwin is confident was the one worn by the deceased when he made the arrest at the Point of Timber, and the coat found near the body, which is now in the keeping of Coroner Hiller, Erwin identified as one worn by one of the other persons he arrested and lodged in the Antioch lock-up, allowing them, after search, and taking from them a dirk and pocket knife, to retain a bag containing clothing, and among other articles a blouse similar to one which these tramps, while held in jail here, gave to one of the prisoners confined there awaiting trial. On these circumstances and other facts, which it may not be judicious to mention here, the inference is justified that two, if not all four, of this tramp party, are implicated in the murder, and warrants have been issued for their arrest."

The Antioch Ledger of March 1st had the following report of the arrest and escape of the burglars: "Three tramps, who gave their names as John Sullivan, Charles Williams, and William Dency, broke into Peter Swift's house, situated near the Salt Pond, Point of Timber, about nine o'clock Tuesday morning, and appropriated to their own use a suit of clothes, a quantity of food, and sundry other articles. Swift was absent at work in the field. Missing the property shortly after, he procured a warrant from Justice Cary, and Constable Erwin overtook and arrested the parties near the Point of Timber school-house. They were brought to Antioch Tuesday evening and confined in the town jail, to await trial the following morning. Erwin visited the jail premises at midnight and finding his captives secure, retired, but in the morning discovered that the trio had departed. Though thoroughly searched when placed in confinement, they had cut off a two-inch plank about a foot above the floor, pried it off and were free. It is evident the cutting was not done with a knife, but was evidently the work of a chisel or small hatchet. It is also apparent that they were furnished the necessary implements by outside parties. A knot-hole in one of the planks had been enlarged from the outside so as to admit of an instrument two inches in diameter. In answer to letters addressed to them for information relating to Levy Gish, presumed to have been a resident of that vicinity, Coroner Hiller has learned from the postmaster and constable at Ellis that the person is now living in San Diego County, from whence a letter written by him on the 5th inst. has been received at Ellis. They informed Hiller that the cabin Gish formerly occupied was recently broken into and rifled by tramps, who are presumed to have taken away the letters addressed to Gish which were found by Constable Erwin when he made the arrest at Point of Timber and those found near the dead body on Hyde's ranch, and which led the jury to presume that the name of the deceased was Levy Gish, who, as now appears, is doubtless alive and well in San Diego County, while some other name belonged to the dead and probably murdered man."

Murder of Langbhen. - The following particulars relating to this tragedy, which occurred near Marsh Landing on May 16, 1879, are an excerpt from the San Francisco Bulletin: "The tules in the vicinity of Antioch were the scene of a horrible tragedy last Friday morning, consisting of the murder of two children, aged respectively six years and four years, by their father, and the latter's suicide. Some six weeks ago he took up his quarters on a vegetable ranch owned by his nephew near Marsh Landing, a place about five miles from Antioch. Langbhen and his family were fresh from Faderland. They were quite industrious people, the most affectionate relations existing between husband and wife and between parents and children. For the want of anything better to do, Langbhen worked on his nephew's farm, cultivating small fruits and vegetables, which the nephew took to Antioch and sold. The nephew boarded with the family. While working in the fields Langbhen was usually accompanied by his two children, who wiled the time away in playing and weeding. At half-past four on Friday morning Langhben got up and prepared breakfast for his nephew, as was his wont, and after the latter left for Antioch with a load of strawberries he went to the field to work; soon after his children followed him. At about eight o'clock Langhben was seen by Max Klein, a neighbor, who was at the time cutting potatoes in his barn, a few rods from the Langhben residence, to tie the shoe-lace of the little girl. He was then seen to take the two children to the adjacent tules; soon after he was observed coming out of the tules without the children, and walking rapidly toward his house. Immediately after he reached it, Mrs. Langhben rushed out in an excited state, throwing up her hands in despair, and talking excitedly in German. This was followed quickly by the discharge of a gun. The neighbors naturally enough rushed to the scene. Fleckaman, a next-door neighbor to the Langhbens, reached the house first, and entering it he beheld a horrible sight. Langhben was leaning against the wall, almost doubled up, and dead, with a double-barreled shotgun grasped firmly in his hands and the muzzle in his mouth, with his toe against the trigger. The charge had passed into the unfortunate man's head and spattered his brains all over the room. After partly recovering from the shock a search was begun for the children, who were missing. About an hour later the two were found by a Portuguese gardener, lying dead side by side in the tules, not far from where Langhben had been seen to emerge. The little girl's skull had been smashed with a heavy blunt instrument and her throat cut from ear to ear, severing the jugular vein, and a piece of flesh had been cut out of one of her hands. The boy's body bore no marks of violence, excepting that his head was nearly severed from the trunk. Near the bodies were found the apron the apron worn by Langhben at the time he slaughtered his children, and the heavy bludgeon with which it is supposed he beat in the skull of his little daughter. Both articles were covered with blood. The throats of the little ones are supposed to have been cut with a scythe blade or some similar instrument, as in each case the frightful wound had been inflicted with one blow. But no such weapon, or any other corresponding to it, could be found, although a most careful search was made in the neighborhood."

Murder of a Chinawoman. - A Chinawoman was stabbed and killed by a Chinaman named Ah Yen on September 27, 1879, at Antioch. On examination it appeared that the man who killed her, and another Chinaman, who claimed to own the woman, having bought her for one hundred and eighty dollars, came to Antioch together three or four weeks previously from one of the mountain mining districts. What the relationship of the parties was, or what the provocation for the murderous assault, whether hatred, jealousy, revenge, or suddenly aroused anger, was not made clear by the evidence adduced at the examination. Ah Yen was tried, convicted of murder in the second degree, and sentenced to twenty-eight years in the State prison.

Killing of Thomas Sheridan. - A serious affray occurred on June 12, 1880, in Moraga Valley, which resulted in the death of Thomas Sheridan, a young man of eighteen or nineteen years of age. The difficulty occurred on land lying south or southeast of the Moraga Rancho, claimed as being in the Sobrante grant, but supposed to be public land, and occupied as such for ten years past. Upon a quarter-section of this land, with consent, or upon bargain with the original squatter claimant, S. S. Kendall, an old resident of the Moraga Valley, had cut a quantity of wood. Whether the original claimant had technically lost his right or not is a matter of dispute, but the land for the last year or two had been claimed and occupied by John Sheridan and his family. Kendall being a cripple, having a few years before suffered the loss of a leg, and anticipating some opposition in removing the wood, engaged a neighbor, T. B. Fulton, and a negro named Charles Mingo, to load and haul it away. These men were out for the purpose armed with a breach-loading rifle and a revolver. On undertaking to load the wood Mrs. Sheridan came out and forbade them doing so. She was followed by Sheridan, armed with a hatchet, Thomas Sheridan, with a double-barreled gun, and a man named Gleeson, with a single-barreled gun. As the statements go, Sheridan attacked Fulton with the hatchet, striking him several times upon the head and inflicting some severe cuts. Gleeson also struck him once or twice with his gun. Mingo, holding his rifle in one hand, seized Sheridan with the other, and endeavored to drag him off Fulton. Thomas Sheridan, at a distance of a few yards, leveled his gun at Mingo, and walked around, approaching nearer, to get in range to shoot him without danger of shooting his father, Mingo meanwhile endeavoring to keep the father as a shield between himself and the son. The latter, however, gained a position of advantage where Mingo saw that he would have a clear shot at him. Mingo then hastily dropped the barrel of his own rifle to range with the breech at his hip and fired, the ball entering the abdomen of young Sheridan and causing his death within half or three-quarters of an hour.

Killing of Manuel Sibrian. - Manuel Sibrian was shot and killed with a pistol by Narciso Miranda on July 1, 1880, at the place of the latter's residence in the San Ramon hills, about a mile southwest of Alamo. Both men were native Californians of Mexican descent, Miranda living in the hills on adjoining claims of supposed Government land, though also claimed by Carpentier as part of the Sobrante grant. It is said that there had been bad feeling for a long time between Miranda and the deceased, arising from disputes as to the rightful claim of the latter to the land he had been occupying. As we are informed, the land was taken up on pre-emption claim some years ago by Miranda's father, who had since died, and who permitted Sibrian to temporarily occupy it when he had nowhere to put his family, after having been obliged to leave a residence property he had previously occupied. On the part of the Miranda family, it is asserted that Sibrian, since their father's death has wrongfully claimed and insisted on retaining possession of the land as his own. On the day mentioned, at the meeting that resulted in his death, he went to Miranda's house in anger and made an attack upon him with a club, to which Miranda responded by shooting him several times in the abdomen with a revolving derringer pistol. Miranda was duly tried, convicted of manslaughter, and sentenced to one year and one month's imprisonment in the State prison.

Killing of Louis Farreri. - A series of affrays occurred on the night of March 19, 1881, at Nortonville, between Italians and persons of other nationalities employed about the coal mines there, in one of which an Italian named Louis Farreri received a blow upon the head from a slung-shot, club, or stone that resulted in his death a few hours after the occurrence. From what we learn in relation to the matter, it appears that a considerable number of Italian laborers had been employed in the mine, cutting out coal, at less than the usual rates of compensation, thus creating an unfriendly feeling between them and the regular miners of other nationalities there employed, which had not prior to this occurrence led to any personal collisions. Recently, however, a number of miners of rough habits had arrived at Nortonville from the north coast mines and had shown a disposition to engage in personal affrays with the Italians, and, from such evidence as had been the assailants in Saturday night's encounters, of which there were several prior to that in which Farreri received the fatal injury. This occurred about midnight, when, as testified by another Italian who was with the deceased, they were assailed by half a dozen or more persons and Ferreri knocked down, while the witness took flight. Ferreri was found shortly afterward by a countryman lying in a partial stupor upon the ground where he had fallen. On being aroused, he complained of violent pain in the head, but was able to walk, and his countryman attended him to the gate of his residence, after seeing him enter which he left him. A little later another countryman passing noticed him lying upon the stoop of the house moaning. He assisted him to the kitchen and urged him to go to bed; but Ferreri said his head hurt him very much, and he would rest where he was. Thinking he was only affected by drink, and would soon sleep off its effects, the man left him there, without awakening the wife or children of the sufferer. Still later, another Italian passing the house and hearing the groans, entered the kitchen and found Ferreri upon the floor complaining that his head hurt him. Mrs. Ferreri was called up, and she thought he was affected by drinking. After her countryman left, Mrs. Ferreri remained in the kitchen with her husband until he fell into a doze, and appeared to be sleeping without suffering much pain, when she returned to her bed, about three o'clock, but on awakening about daylight and going to him she found him dead. In the absence of Coroner Guy, a jury was summoned, an inquest held on Sunday by Justice Wall, and a verdict found of death from natural causes and "the visitation of God." District Attorney Chase went up on Monday, and at his instance a jury was summoned and inquest held by Coroner Guy. The testimony of Doctors Leffler and Wemple, given upon a post-mortem examination, went to show that the skull of the deceased had been fractured by a club, stone, slung-shot, or some other heavy, dull weapon, and that death was caused thereby. Many other witnesses were examined, but no testimony found by which the act could be fixed upon any particular person or persons, although some six or eight had been arrested on presumption of implication in the assault, all of them recent comers to the place from the north coast and a verdict was found that the deceased came to his death from a skull fracture, caused by the blow of some instrument in the hands of some unknown person. The deceased is said to have been a generally quiet and well-disposed man, who left a widow and four children unprovided for.

Killing of Patrick Sullivan. - Patrick Sullivan, who lived with his family on the Wildcat branch of the San Pablo Creek, left Oakland on Monday evening, March 28, 1881, in his wagon, and never reached his home. Alarmed by his protracted absence, his family and friends instituted search for him Tuesday morning, and his dead body was found riddled with buckshot, and one arm around the axeltree of the wagon, several hundred yards below the road near the creek. From appearances it was concluded that after being shot he fell forward over the front of the wagon and grasped the axeltree in an unconscious dying effort, the horses breaking from the road and running (dragging the body) to the place near the creek where the wagon was found. The firing had been heard by some of the people living in the vicinity the previous evening, and foot-tracks were found about the place in the road where it was evident the fatal shot was delivered, and from the direction of these tracks and the fact that there had been a long existing feud between himself and the deceased, suspicion led to the arrest of a neighbor named Robert Lyle, in whose house was found a double-barreled shotgun. An inquest was held on the body by Deputy Coroner Livingston, and a verdict found on Thursday that the deceased came to his death from a gunshot wound inflicted by some person unknown to the jury. Lyle was taken down from the jail on Friday, April 1st, for examination at San Pablo, on accusation of the murder. Sullivan left a wife and seven or eight children. Lyle was held to answer and trial set for April 11, 1881, when he was discharged.

Killing of Sheridan. - The circumstances of the case as related are: That the Sheridan boys, sons of John Sheridan, living in Grizzly Canon, found that one of their goats had been killed by a coyote, which had partaken of the flesh to the satisfaction of its hunger, but probably would return to feast upon the carcass, when they hoped by lying in ambush to shoot the plunderer of their flock. Accordingly, on the evening of May 11, 1881, they invited a neighbor, Michael Hennessy, to join them, and went out about dusk, taking a position behind a bush some thirty yards more or less from the carcass of the goat, John Sheridan, the elder of the brothers, having a rifle, and Daniel C., the younger, a boy of fourteen years, having no weapon. They were soon afterward joined by Hennessy, with a double-barreled shotgun. Hennessy selected an ambush position for himself some little distance from that occupied by the boys, and directed the younger one, who had no weapon, to go to a tree on the top of the ridge behind and above his position, where he could have a good outlook over the ground, and if he saw the coyote to make a signal. Hennessy then took the position he had chosen, and, after lying quietly in wait for nearly half an hour, heard a rustling in the grass or brush on his left, and looking in that direction, at a distance of some twenty or thirty yards, saw a moving object that he took to be the head of a coyote peering warily about, as if suspicious that danger might be lurking near for him. In the belief that that it was a coyote, Hennessy raised his gun, but lowered it to assure himself of the position of the supposed animal, and, without the most distant thought that the boy was anywhere in that direction, raised his gun again and fired. The poor lad instantly cried, "It's me you've shot! I'm killed!" Hennessy exclaimed, "My God, John, I've shot Connie! Run for help!" and ran immediately to the wounded boy, took him in his arms, and held him until some neighbors called by the brother came, when they carried the lifeless body to the house. The boy survived only ten or fifteen minutes after Hennessy reached him, but never spoke again after exclaiming that he had been shot and killed. The jury of inquest found in accordance with the facts, that the killing was purely accidental.

Killing of Christian Smith. - The following article is from the Contra Costa Gazette of July 9, 1881: "Last Monday morning, July 4, 1881, about 8 o'clock, when the jail cells were unlocked to let the prisoners out into the corridor for breakfast, Henry Grosser, awaiting trial on charge of murder for the killing of Christian Smith on Marsh Creek in May, did not come out with the others, and one of them looking into the cell, discovered his body hanging from the center ventilating grating in the ceiling, or crown sheet. All warmth had left the body, and from facts afterward learned it is supposed to have been hanging there from about midnight. A jury of inquest was immediately organized by Deputy Coroner Livingston, and inquiries as to circumstances of the suicide proceeded with. It was ascertained that by examination that the deceased had knotted a flour sack of the fifty-pound size tightly around his neck, and, the ends being short after first crossing, to complete the knot, had been laid back and wound with twine to fasten them. Through the collar thus formed the leg of a pair of drawers had been inserted, the ends passed up between and brought down over the grating bars and tightly knotted, the deceased standing upon an empty candle-box to do this, then pushing the candle-box away with his feet, and leaving himself suspended to die by suffocation, as there was no fall sufficient to break the spinal column, and although the hands being free had there not been great determination to effect the purpose, he could have reached up and unloosed the knot, as there might have been an inclination to do for relief from the choking sensation. But it is not probable that such attempt was made, or some sound of it would have been heard by the occupant of the adjoining cell, who was awake and heard the noise made by the box when, as is supposed, it was pushed from under him upon the iron floor. On hearing this noise the prisoner called to Grosser and inquired if he was awake, but got no response and heard no further sound. When found in the morning, the arms were hanging close to the body and the feet within two or three inches of the floor.

"Grosser was a German by birth, about fifty years of age, but in appearance ten years or more older. After having been for some years in this country he returned to Germany, where he married and came back with his wife about twelve years ago. They have since had four children, three girls and one boy. The eldest child is about twelve, and the youngest one year of age. They have been living upon Marsh Creek for some three years, and have been well thought of by their neighbors as people of good character and of hard-working, industrious habits. Before moving to that neighborhood they had, either as share partners or employees, business relations with Smith, for the killing of whom Grosser was to have been tried on charge of murder. The land upon which they lived was purchased by Smith, and a deed for one half of it was afterward made to Mrs. Grosser, in consideration, as the Grosser's claimed, of a lot of sheep sold or transferred in exchange to him. The business of farming and stock-keeping on the place at Marsh Creek appears to have been engaged in upon some partnership basis or understanding between the Grosser's and Smith, and there has within the past year grown up difficulties about settlement of the business between them. Smith's family lived at Oakland, but he was frequently at Marsh Creek, and spent considerable of his time at Grosser's. A short time before Smith was shot, Grosser said his wife had informed him that he had made grossly improper proposals and approaches to her, which greatly shocked and enraged him. He then resolved to resent a repetition of such insults should they be offered, and on Smith's next visit to the ranch he armed himself with a pistol, procured for the purpose, and seeing him enter the milk-cellar, he followed to find that he had seized and thrown Mrs. Grosser upon the ground. He thereupon fired; the shot missed and Smith ran out, but as he passed he fired again, shooting him in the arm. Smith continued running until he fell on receiving another shot in the body, from the effects of which he died two days afterward. Grosser, after calling to a man near by and telling what he had done, ran to a neighboring house, which he entered in a frenzy of excitement and said he had killed Smith. Neighbors were quickly gathered, who removed Smith to the house and found Mrs. Grosser upon the milk-cellar floor in a swoon, with her lower limbs exposed below the knees. It was half an hour before she became conscious and was able to relate the circumstances of the assault until the moment of being thrown upon the ground, when she swooned and became unconscious. The statements of the circumstances made by Grosser and his wife were accepted as the truth by the neighbors generally. But rumors soon gained currency that an improper intimacy known to Grosser had subsisted for some time between his wife and Smith, and that the story of the assault upon her had been invented to furnish a reason for killing him in the hope of thus being able to avoid payment of what they owed him. It was upon such testimony as was offered in support of the charge of murder, the case having been set for Tuesday next. All day Friday, Saturday, and Sunday were spent by Mrs. Grosser in company with her husband, and she seemed deeply distressed by the reports reflecting upon her character and the charges of plotting the murder of Smith. About ten o'clock Sunday night Grosser called to Robert Lyle, in an adjoining cell on one side of his, and asked if he could lend him a pencil. Lyle replied that he could, and threw his pencil up through the ventilating grating in such a way that it fell through the grating of Grosser's cell. With this pencil he is supposed to have concluded a writing covering four or five sheets of note-paper, commencing with the date of July 1st. This writing was found between the pages of a magazine or pamphlet in the cell. It is somewhat disconnectedly written, and is without signature. In substance, it is as follows:

"I herewith make a statement. From what I hear, they are making numerous charges about me and my wife. About the larceny of sheep, when under attachment, I had no reason to suppose I was doing wrong in moving them over the county line. Mr. White and others knew all about the matter. I was attending to the sheep for Smith, and always thought he was a respectable man until late. The horses and stock were assessed to me and my wife by Smith's request, as he said it would be better to have the taxes all paid together. A year ago last fall Smith requested me to sell the cattle if could get twenty-five dollars per head for them all around. I told him it would be impossible, they were too poor, and then he told me to do the best I could with them. When he came back from Europe, he was well satisfied with what I had done. I told him about the crop and everything. He thought it best not to sell the grain until it would bring a better price. I gave him an order on Charles Clayton to sell, and understood him to say that he had sold, but don't know as yet what he got, but told me he had the account. When we undertook to settle I knew I owed him. I proposed to let him have the growing crop. He said he would rather not take it, as there was no telling what it would be. I know he has paid out money for lumber and other things. I would have settled with him, but he would not pay half the store bill, as he had agreed. He had boarded with us most of the time last winter, and I had kept no account of it. I had also boarded all the men chopping wood, and hauled it for him to Brentwood. When we commenced farming together I was to have half his horses, two of them valued at $150 and three others at $60. I had two cows; one died and the other was with calf. I let him have that one for another, from which I raised a calf until it was a cow. I let them run with his. He had a great many, and I was to have the pick of two from the lot, but he took away all the calved and said he would make it right. When we first started with sheep, I had $700 coming to me for which I and my wife had worked, and which I took in lambs at $2 a head. I then turned them over to him and went to work for him at $30 per month. My wife was cooking for herders and shearers when the sheep were sheared at the place where we lived, and sometimes at other places. I worked for him until I moved over to Marsh Creek. In regard to this affair, most any other man would have done the same. I am satisfied my wife never had any improper intercourse with Smith or any other man. I was never inside a jail until now. I never spent money unnecessarily. All I had I got honestly. I hear they are trying to make out that my wife is a prostitute, which I can't listen to no more - that hurts my feelings so much that I am tired of living.'

"Then follows a statement of small sums due from Smith and himself together to various individuals, and the writing concludes as follows: 'I never never thought of getting in this trouble a day or two before it happened. I often walked from place to place. I did not know what I was looking for. I am indebted to Mr. Welch $12 for that pistol. I think I am going to a better world. I forgive everybody the same I would take myself. I was too easy (or accommodating) for my own good.' "