The herald., 1895-02-24

W
been proved that he shot poor old Chaves
for $40 gold piece.
There was also another reason which
cost him his life and that was the next
m urder which occurred. This time it was
a carpenter named Mcintyre, native of
Prince Edward Island, who was stabbed
to death by Mexican named Adolfo
Silvas. a worthless individual who lived
off the earnings OF shame of street
nvmph. Public excitement at the time
ran So high that the county Jail had to be
guarded to prevent would-be lynchers
from removing Silvas from the custody
OF Jailer Thompson, and hanging him to
a lamppost in Sonoratown Justice OF
the Peace Morgan and Chief of Police
Cuddy found it necessary to address the
vast crowds ofpeople who stormed Spring
street and blocked it for several hours,
and their counsels of moderation finally
prevailed.
1t was on the 21st of July, 1884, that
James Mcintyre was killed. The boom
was nearly at it's height. Money and work
were plenty and single mechanics lived
high. At that time the tenderloin dis
trict was situated on New High street.
from Bellevue avenue to Walter street:
The saloons down there never closed and
the houses of ill-fame hourished until the
early hours OF morn. About O'Clock on
Sunday morning, Mcintyre and com
panion named Timothy Hicky, who after
ward showed the white feather, were
sauntering along New High street, when
the former jostled against Silvas, who was
drunk and Sitting on chair placed upon
the sidewalk. The push was not inten-
tonal, but nevertheless incensed Silvas,
who was with another Mexican tough
named Miguel Higuera. They attacked
the Americans AT once. Hickey ran away,
but McIntyre, while Tetreatng, defended
himself with his feet, with which he
kicked at his assailants Higuera gave
his dagger to Silvas. who managed to cut
McIntyre so severely three times that he
fell down and died Immediately.
Then both Mexicans entered saloon
kent bv one Alfred Oliver. and drank a
glass of beer They were arrested very
shortly afterward by Police Officers keary
and Stober and Constable Berry. they
were tried. Silvas was convicted OF muir
der in the first degree and sentenced to be
hanged; Higuera. found guilty OF murder
in the second degree was sent to the pen
itentiary for fifty years, where he now is
and will probably remain till he dies.
Silvas appealed to the Supreme Court, but
it was OF no avail, as the Judgment OF the
lower court was affirmed. At that time
William 4. Cheney was one of the supe-
rior Judges. He had tried both MARTINEZ
and Silvas, and it had been his unpleas-
ant duty to impose the death sentence IN
each case. George e. Gard was the sher-
iff who was to execute the death penalty.
On the Goth of March, 1SS5-it was a
which now stands the Court House, was
black with people who wanted to see the
double hanging Men, women and child
fen in compact masses clustered and hung
to the steep sides OF the eminence. The
scaffoId inside of the yard, screened by
long strips of cheesecloth that but imper-
fectly hid the platform and the ropes at
the end of which hung bags of sand to
keep them taut, was the cynosure of near
ly 400 people invited by the Sheriff to wit
ness the turning off OF the two mur-
erers. reT
These,s were Catholics had been
constantly attended by priests of their
own denomination, among them being
the Rev. Father Peter Verdaguer now
Bishop of Brownsville, Texas, and they
were reconcied to their fate. When the
time for the hanging came near both
men seem to be prepared. They APP
peared brave without bravado and quietly
resigned. 1t was then that a sensational
episode occurred probably unparalleled IN
the court annals of California. Henry r..
Gage, the well known lawyer, at the re-
quest of the family of Silvas, had sent out
a petition for a writ Of habeas corpus for
Slvas, which was made returnable forth
with before Judge Cheney. This, at the
time that the men were nearly dressed
for the execution Mr.. Gage appeared at
the Jail with the paper and offered it to
Deputy Sheriff Aguirre, who absolutely
refused to touch it, and Gage then thrust
it into the officers bosom.
The law had to be obeyed, but il was
plain to all that however useless to stave
off the fateful hour it was, to drag the
doomed men from the jail to tine Court
Ii hluse, this action was going to unnerve
both Silvas and Martinez, and take out of
them the sand they had SO bravelY labor
cred to accumulate for the dire moment
when their necks were to be broken. Sill
vas was taken out, leaving be
hind in their joint cell the Indian Mar
tineZ, who was the prey of con-
hicting sentiments, the btterest of which
was that he stood no show for salvation,
while there was yet one chance for his
companion.
But whatever anticipation of reprieve
Slvas may have nursed, it was quickly
shattered when Judge Cheney, having
heard the grounds upon which the writ
was based, peIemptorily dismissed it and
r, manded the prisoner to the custody OF
the Sheriff. Can any one Imagine of a
more bitter moment or a more cruel pun
ishment in the waning life of a man.
Verify the eXpiation OF Silyas for the
murder of Mcintyre was so retinedly fero-
cious that ones blood stands still at the
thought When he was returned to the
cell in which Martinez was going, in an
ticipation, through the torments OF he'll,
the final toi ct Il the tao men was com
pleted in hurried manner. They braced
up again, and before reacti II could take
place, ttl Y W taken To tne SCalIOll, Inc
last details were quickly at an end. Be
fore the black cap as thrust over the
features of tin men it could be en- that
Silva's face expressed Defiance while there
s in til eyes Of Martinez sonnet ing
akin to a piteolls appeal for mercy. The
next moment both bodies dangled under
the PLATFORM and but for the nervous
twitching Of th Indians IT for sec
ond, thing az in indicated life in the
bodies shat had been full OF health add
crime It III Ell before.
In the evening wake was held in So
noratown upon the body of MARTINEZ. Il
lay in state in the black suit he had worr
when hanged, and which was the first ho
had ever had, having been provided by
Sheriff Gard, in a little adobe shanty OF
Niarchessault street. Thousands of peopl,
went in to view the body, surrounded By
flowers, lightcl tapers, pictures of angel.
and virgins. and lowling women. Ii wa
ely another curious free show to til
hordes of tendcrfeet and one-lungers who
patrolled every nook and crook OF Los An
gcles for loulcur locale and cheap excite
Incnt in those days.
The last man to be hanged in the plac,
which IS now being hidden from view b
pi upon piles of bricks, was an Eng
Iishman, Albert 6. Baynton. and no MAJ
ever welcomed Il shameful death more
crate ully than he. TO him it wa q reli
rom the most bitter remorse that il j.
possible for a criminal to endure II
vgrs a b ute Of tn kin wi b which Eng